Today in Judaism ~ Today is: Monday,, 1 Kislev, 5774 ~ 4 November 2013 ~~ Tuesday, 2 Kislev, 5774 ~ 5 November 2013 Rosh Chodesh Kislev

Today in Judaism ~ Today is: Monday,, 1 Kislev, 5774 ~ 4 November 2013 ~~ Tuesday, 2 Kislev, 5774 ~ 5 November 2013

Rosh Chodesh Kislev

Today in Jewish History:

Winter

As per the Talmud, the month of Kislev marks the onset of the winter season in the Holy Land and is the third month of the "Season of the Rains."

Link: Winter

Rebbe's Recovery (1977)

For the first time since suffering a major heart attack five weeks earlier, on the eve of Shemini Atzeret, the Rebbe left his office in 770 Eastern Parkway and returned to his home, signaling his recovery. Chassidim all over rejoiced at the good news.

From that day on, the Rebbe redoubled his efforts on behalf of the Jewish nation and all of humanity, and for the dissemination of Torah and chassidism. From then on, the first of Kislev is celebrated as a day of thanksgiving and rejoicing.

Link: Illness and Challenge (from the timeline "biography of ideas" in Therebbe.org).

Today’s Laws and Customs:

Rosh Chodesh Observances

Today is the second of the two Rosh Chodesh ("Head of the Month") days for the month of Kislev (when a month has 30 days, both the last day of the month and the first day of the following month serve as the following month's Rosh Chodesh).

Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited -- in its "partial" form -- following the Shacharit morning prayer, and the Yaaleh V'yavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachnun (confession of sins) and similar prayers are omitted.

Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh -- the month being the feminine aspect of the Jewish Calendar.

Links: The 29th Day; The Lunar Files

Daily Study:

Chitas and Rambam for today:

Chumash with Rashi:  Parshat Vayeitzei, 2nd Portion (Genesis 29:1-29:17) & Parshat Vayeitzei, 3rd Portion (Genesis 29:18-30:13)

Chapter 29

1. Now Jacob lifted his feet and went to the land of the people of the East.

א. וַיִּשָּׂא יַעֲקֹב רַגְלָיו וַיֵּלֶךְ אַרְצָה בְנֵי קֶדֶם:

Now Jacob lifted his feet: As soon as he was given the good tidings that he was assured protection, his heart lifted his feet, and he became fleet-footed. So it is explained in Gen. Rabbah (70:8).

וישא יעקב רגליו: משנתבשר בשורה טובה שהובטח בשמירה, נשא לבו את רגליו ונעשה קל ללכת. כך מפורש בבראשית רבה (ע ח):

2. And he looked, and behold! a well in the field, and behold! three flocks of sheep lying beside it, because from that well they would water the flocks, and a huge rock was upon the mouth of the well.

ב. וַיַּרְא וְהִנֵּה בְאֵר בַּשָּׂדֶה וְהִנֵּה שָׁם שְׁלשָׁה עֶדְרֵי צֹאן רֹבְצִים עָלֶיהָ כִּי מִן הַבְּאֵר הַהִוא יַשְׁקוּ הָעֲדָרִים וְהָאֶבֶן גְּדֹלָה עַל פִּי הַבְּאֵר:

they would water the flocks: The shepherds would water the flocks. The verse is elliptical.

ישקו העדרים: משקים הרועים את העדרים, והמקרא דבר בלשון קצרה:

3. And all the flocks would gather there, and they would roll the rock off the mouth of the well and water the sheep, and [then] they would return the rock onto the mouth of the well, to its place.

ג. וְנֶאֶסְפוּ שָׁמָּה כָל הָעֲדָרִים וְגָלֲלוּ אֶת הָאֶבֶן מֵעַל פִּי הַבְּאֵר וְהִשְׁקוּ אֶת הַצֹּאן וְהֵשִׁיבוּ אֶת הָאֶבֶן עַל פִּי הַבְּאֵר לִמְקֹמָהּ:

would gather there: They were accustomed to gather because the rock was huge.

ונאספו: רגילים היו להאסף לפי שהיתה האבן גדולה:

and they would roll: Heb. וְגָלְלוּ [like] וְגוֹלְלִין. The Targum renders: וּמְגַנְדְרִין, and they would roll. Every present tense [i.e. every verb expressing continuous action] changes to speak [sometimes] in the future tense and [sometimes] in the past tense, because everything that occurs constantly has already transpired and is destined to transpire [again].

וגללו: וגוללין ותרגומו ומגנדרין, כל לשון הווה משתנה לדבר בלשון עתיד ובלשון עבר לפי שכל דבר ההוה תמיד כבר היה ועתיד להיות:

and [then] they would return: Heb. וְהֵשִׁיבוּ, which the Targum renders: וּמְתִיבִין, and they would return. 

והשיבו: תרגומו ומתיבין:  

4. And Jacob said to them, "My brothers, where are you from?" And they said, "We are from Haran."

ד. וַיֹּאמֶר לָהֶם יַעֲקֹב אַחַי מֵאַיִן אַתֶּם וַיֹּאמְרוּ מֵחָרָן אֲנָחְנוּ:

5. And he said to them, "Do you know Laban the son of Nahor?" And they said, "We know [him]."

ה. וַיֹּאמֶר לָהֶם הַיְדַעְתֶּם אֶת לָבָן בֶּן נָחוֹר וַיֹּאמְרוּ יָדָעְנוּ:

6. And he said to them, "[Are things going] well with him?" And they said, "[Things are going] well, and behold, his daughter Rachel is coming with the sheep."

ו. וַיֹּאמֶר לָהֶם הֲשָׁלוֹם לוֹ וַיֹּאמְרוּ שָׁלוֹם וְהִנֵּה רָחֵל בִּתּוֹ בָּאָה עִם הַצֹּאן:

is coming with the sheep: Heb. בָּאָה. The accent is on the“aleph,” and the Targum renders אַתְיָא. [In verse 9,]“and Rachel came בָּאָה,” the accent is on the first syllable, on the “beth,” and the Targum renders. The former is in the present tense, whereas the latter is in the past tense.

באה עם הצאן: הטעם באל"ף, ותרגומו אתיא. (פסוק ט) ורחל באה, הטעם למעלה בבי"ת ותרגומו אתת. הראשון לשון עושה, והשני לשון עשתה:

7. And he said, "The day is yet long; it is not the time to take in the livestock. Water the sheep and go, pasture."

ז. וַיֹּאמֶר הֵן עוֹד הַיּוֹם גָּדוֹל לֹא עֵת הֵאָסֵף הַמִּקְנֶה הַשְׁקוּ הַצֹּאן וּלְכוּ רְעוּ:

The day is yet long: Since he saw them lying down, he thought that they wished to gather the livestock to return home and that they would no longer graze. So he said to them,“The day is yet long,” i.e., if you have been hired for the day, you have not completed the day’s work, and if the animals are yours, it is, nevertheless, not the time to take in the livestock, etc. (Gen. Rabbah 70:11).

הן עוד היום גדול: לפי שראה אותם רובצים, כסבור שרוצים לאסוף המקנה הביתה ולא ירעו עוד, אמר להם הן עוד היום גדול, כלומר אם שכירים אתם לא שלמתם פעולת היום, ואם הבהמות שלכם אף על פי כן לא עת האסף המקנה וגו':

8. And they said, "We cannot [do that], until all the flocks are gathered together, and they will roll the rock off the mouth of the well, and we shall [then] water the sheep."

ח. וַיֹּאמְרוּ לֹא נוּכַל עַד אֲשֶׁר יֵאָסְפוּ כָּל הָעֲדָרִים וְגָלֲלוּ אֶת הָאֶבֶן מֵעַל פִּי הַבְּאֵר וְהִשְׁקִינוּ הַצֹּאן:

We cannot: water [them] because the stone is huge.

לא נוכל: להשקות, לפי שהאבן גדולה:

and they will roll: Heb. וְגָלְלוּ. This is translated וִיגַנְדְרוּן, and they will roll, because it is the future tense.

וגללו: זה מתורגם ויגנדרון, לפי שהוא לשון עתיד:

9. While he was still talking with them, Rachel came with her father's sheep, for she was a shepherdess.

ט. עוֹדֶנּוּ מְדַבֵּר עִמָּם וְרָחֵל | בָּאָה עִם הַצֹּאן אֲשֶׁר לְאָבִיהָ כִּי רֹעָה הִוא:

10. And it came to pass, when Jacob saw Rachel, the daughter of Laban, his mother's brother and the sheep of Laban, his mother's brother, that Jacob drew near and rolled the rock off the mouth of the well, and he watered the sheep of Laban, his mother's brother.

י. וַיְהִי כַּאֲשֶׁר רָאָה יַעֲקֹב אֶת רָחֵל בַּת לָבָן אֲחִי אִמּוֹ וְאֶת צֹאן לָבָן אֲחִי אִמּוֹ וַיִּגַּשׁ יַעֲקֹב וַיָּגֶל אֶת הָאֶבֶן מֵעַל פִּי הַבְּאֵר וַיַּשְׁקְ אֶת צֹאן לָבָן אֲחִי אִמּוֹ:

that Jacob drew near and rolled: As one who removes the stopper from a bottle, to let you know that he possessed great strength (Gen. Rabbah 70:12).

ויגש יעקב ויגל: כזה שמעביר את הפקק מעל פי צלוחית, להודיעך שכחו גדול:

11. And Jacob kissed Rachel, and he raised his voice and wept.

יא. וַיִּשַּׁק יַעֲקֹב לְרָחֵל וַיִּשָּׂא אֶת קֹלוֹ וַיֵּבְךְּ:

and wept: Since he foresaw with the holy spirit that she (Rachel) would not enter the grave with him. Another explanation: Since he came empty-handed, he said, “Eliezer, my grandfather’s servant, had nose rings, and bracelets and sweet fruits in his possession, and I am coming with nothing in my hands. [He had nothing] because Eliphaz the son of Esau had pursued him to kill him at his father’s orders; he (Eliphaz) overtook him, but since he had grown up in Isaac’s lap, he held back his hand. He said to him (Jacob), ”What shall I do about my father’s orders?“ Jacob replied,”Take what I have, for a poor man is counted as dead." - [from Bereishit Rabbathi by Rabbi Moshe Hadarshan]

ויבך: לפי שצפה ברוח הקודש שאינה נכנסת עמו לקבורה. דבר אחר לפי שבא בידים ריקניות, אמר אליעזר עבד אבי אבא היו בידיו נזמים וצמידים ומגדנות, ואני אין בידי כלום. לפי שרדף אליפז בן עשו במצות אביו אחריו להורגו והשיגו, ולפי שגדל אליפז בחיקו של יצחק משך ידו. אמר לו מה אעשה לציווי של אבא, אמר לו יעקב טול מה שבידי, והעני חשוב כמת:

12. And Jacob told Rachel that he was her father's kinsman and that he was Rebecca's son, and she ran and told her father.

יב. וַיַּגֵּד יַעֲקֹב לְרָחֵל כִּי אֲחִי אָבִיהָ הוּא וְכִי בֶן רִבְקָה הוּא וַתָּרָץ וַתַּגֵּד לְאָבִיהָ:

that he was her father’s kinsman: Heb. אִחִי אָבִיהָ, lit., her father’s brother. Related to her father, as (above 13:8):“we are kinsmen (אַחִים)” (Pirkei d’Rabbi Eliezer , ch. 36). Its midrashic interpretation is: If he (Laban) comes to deceive me, I, too, am his brother in deception, and if he is an honest man, I, too, am the son of his honest sister Rebecca. [from Gen. Rabbah 70:13]

כי אחי אביה הוא: קרוב לאביה, כמו (לעיל יג ח) אנשים אחים אנחנו. ומדרשו אם לרמאות הוא בא גם אני אחיו ברמאות, ואם אדם כשר הוא, גם אני בן רבקה אחותו הכשרה:

and told her father: Since her mother was dead, she had no one to tell but him.[from Gen. Rabbah 70:13]

ותגד לאביה: לפי שאמה מתה לא היה לה להגיד אלא לו:

13. Now it came to pass when Laban heard the report of Jacob, his sister's son, that he ran towards him, and he embraced him, and he kissed him, and he brought him into his house. He told Laban all these happenings.

יג. וַיְהִי כִשְׁמֹעַ לָבָן אֶת שֵׁמַע | יַעֲקֹב בֶּן אֲחֹתוֹ וַיָּרָץ לִקְרָאתוֹ וַיְחַבֶּק לוֹ וַיְנַשֶּׁק לוֹ וַיְבִיאֵהוּ אֶל בֵּיתוֹ וַיְסַפֵּר לְלָבָן אֵת כָּל הַדְּבָרִים הָאֵלֶּה:

that he ran towards him: He thought that he (Jacob) was laden with money, for the servant of the household (Eliezer) had come here with ten laden camels.[from Gen. Rabbah 70:13]

וירץ לקראתו: כסבור ממון הוא טעון, שהרי עבד הבית בא לכאן בעשרה גמלים טעונים:

and he embraced: When he (Laban) did not see anything with him (Jacob), he said, “Perhaps he has brought golden coins, and they are in his bosom.” [from Gen. Rabbah 70:13]

ויחבק: כשלא ראה עמו כלום אמר שמא זהובים הביא והנם בחיקו:

and he kissed him: He said,“Perhaps he has brought pearls, and they are in his mouth.” [from Gen. Rabbah 70:13]

וינשק לו: אמר שמא מרגליות הביא והם בפיו:

He told Laban: that he had come only because he was compelled to do so because of his brother (Esau), and that they had taken his money from him. — [from Gen. Rabbah 70:13]

ויספר ללבן: שלא בא אלא מתוך אונס אחיו, ושנטלו ממונו ממנו:

14. And Laban said to him, "Indeed, you are my bone and my flesh." And so he stayed with him a full month.

יד. וַיֹּאמֶר לוֹ לָבָן אַךְ עַצְמִי וּבְשָׂרִי אָתָּה וַיֵּשֶׁב עִמּוֹ חֹדֶשׁ יָמִים:

Indeed, you are my bone and my flesh: “In view of this, I have no reason to take you into the house, because you have nothing. Because of kinship, however, I will put up with you for a month’s time.” And so he did, but this too was not gratis, for he (Jacob) pastured his sheep. — [from Gen. Rabbah 70:14]

אך עצמי ובשרי: מעתה אין לי לאספך הביתה הואיל ואין בידך כלום, אלא מפני קורבה אטפל בך חדש ימים, וכן עשה ואף זו לא לחנם שהיה רועה צאנו:

15. And Laban said to Jacob, "Because you are my kinsman, should you work for me gratis? Tell me what your wages shall be."

טו. וַיֹּאמֶר לָבָן לְיַעֲקֹב הֲכִי אָחִי אַתָּה וַעֲבַדְתַּנִי חִנָּם הַגִּידָה לִּי מַה מַּשְׂכֻּרְתֶּךָ:

Because you are my kinsman: Heb. הִכִי, an interrogative expression: Because you are my kinsman, should you work for me gratis?- [from Targum Onkelos]

הכי אחי אתה: לשון תימה, וכי בשביל שאחי אתה תעבדני חנם:

should you work for me: Heb. וַעִבַדְתַּנִי like וְתַעַבְדֵנִי, and likewise, any word that is in the past tense, [Scripture] prefixes to it a “vav,” which converts the word to the future tense.

ועבדתני: כמו ותעבדני, וכן כל תיבה שהיא לשון עבר הוסיף וי"ו בראשה היא הופכת התיבה להבא:

16. Now Laban had two daughters; the name of the elder was Leah, and the name of the younger was Rachel.

טז. וּלְלָבָן שְׁתֵּי בָנוֹת שֵׁם הַגְּדֹלָה לֵאָה וְשֵׁם הַקְּטַנָּה רָחֵל:

17. Leah's eyes were tender, but Rachel had beautiful features and a beautiful complexion.

יז. וְעֵינֵי לֵאָה רַכּוֹת וְרָחֵל הָיְתָה יְפַת תֹּאַר וִיפַת מַרְאֶה:

tender: Because she expected to fall into Esau’s lot, and she wept, because everyone was saying,“Rebecca has two sons, and Laban has two daughters. The older [daughter] for the older [son], and the younger [daughter] for the younger [son]” (B.B. 123a).

ועיני לאה רכות: שהיתה סבורה לעלות בגורלו של עשו ובוכה שהיו הכל אומרים שני בנים לרבקה ושתי בנות ללבן, הגדולה לגדול והקטנה לקטן:

features: Heb. תֹּאַר. That is the form of the countenance, an expression similar to (Isa. 44: 13)“he fixes it (יְתָאִרֵהוּ) with planes (בַשֶׂרֶד) ,” conpas in Old French, outline, shape.

תאר: הוא צורת הפרצוף לשון (ישעיה מד יג) יתארהו בשרד, קונפ"ס בלע"ז [מחוגה]:

complexion: That is the shine of the countenance. 

מראה: הוא זיו קלסת:

Chapter 29

18. And Jacob loved Rachel, and he said, "I will work for you seven years for Rachel, your younger daughter."

יח. וַיֶּאֱהַב יַעֲקֹב אֶת רָחֵל וַיֹּאמֶר אֶעֱבָדְךָ שֶׁבַע שָׁנִים בְּרָחֵל בִּתְּךָ הַקְּטַנָּה:

I will work for you seven years: (Gen. Rabbah 67:10, 70:17) They are the few days of which his mother said, “And you shall dwell with him for a few days.” (27:44 above) You should know that this is so, because it is written: “and they appeared to him like a few days.” (verse 20)

אעבדך שבע שנים: הם ימים אחדים שאמרה לו אמו (לעיל כז מד) וישבת עמו ימים אחדים. ותדע שכן הוא, שהרי כתיב (להלן פסוק כ) ויהיו בעיניו כימים אחדים:

for Rachel, your younger daughter: Why were all these signs necessary? Since he (Jacob) knew that he (Laban) was a deceiver, he said to him, “I will work for you for Rachel,” and lest you say [that I meant] another Rachel from the street, Scripture states: “Your daughter.” Now, lest you say, “I will change her name to Leah, and I will name her (Leah) Rachel,” Scripture states: “[your] younger [daughter].” Nevertheless, it did not avail him, for he (Laban) deceived him. — [from Gen. Rabbah 70:17]

ברחל בתך הקטנה: כל הסימנים הללו למה, לפי שיודע בו שהוא רמאי אמר לו אעבדך ברחל, ושמא תאמר רחל אחרת מן השוק, תלמוד לומר בתך, ושמא תאמר אחליף ללאה שמה ואקרא שמה רחל, תלמוד לומר הקטנה ואף על פי כן לא הועיל לו שהרי רמהו:  

19. And Laban said, "It is better that I give her to you than I should give her to another man. Stay with me."

יט. וַיֹּאמֶר לָבָן טוֹב תִּתִּי אֹתָהּ לָךְ מִתִּתִּי אֹתָהּ לְאִישׁ אַחֵר שְׁבָה עִמָּדִי:

20. So Jacob worked for Rachel seven years, but they appeared to him like a few days because of his love for her.

כ. וַיַּעֲבֹד יַעֲקֹב בְּרָחֵל שֶׁבַע שָׁנִים וַיִּהְיוּ בְעֵינָיו כְּיָמִים אֲחָדִים בְּאַהֲבָתוֹ אֹתָהּ:

21. And Jacob said to Laban, "Give me my wife, for my days are completed, that I may come to her."

כא. וַיֹּאמֶר יַעֲקֹב אֶל לָבָן הָבָה אֶת אִשְׁתִּי כִּי מָלְאוּ יָמָי וְאָבוֹאָה אֵלֶיהָ:

for my days are completed: [The days] of which my mother told me. Moreover, my days are completed, for I am already eighty-four years old. When will I raise up twelve tribes? This is what he [meant when he] said, “that I may come to her.” Now, isn’t it true that even the most degenerate person would not say this? But he (Jacob) meant [that he intended] to beget generations. — [from Gen. Rabbah 70:18]

מלאו ימי: שאמרה לי אמי. ועוד מלאו ימי, שהרי אני בן שמונים וארבע שנה ואימתי אעמיד שנים עשר שבטים, וזהו שאמר ואבואה אליה, והלא קל שבקלים אינו אומר כן, אלא להוליד תולדות אמר כן: 

22. So Laban gathered all the people of the place, and he made a feast.

כב. וַיֶּאֱסֹף לָבָן אֶת כָּל אַנְשֵׁי הַמָּקוֹם וַיַּעַשׂ מִשְׁתֶּה:

23. And it came to pass in the evening that Laban took his daughter Leah, and he brought her to him, and he came to her.

כג. וַיְהִי בָעֶרֶב וַיִּקַּח אֶת לֵאָה בִתּוֹ וַיָּבֵא אֹתָהּ אֵלָיו וַיָּבֹא אֵלֶיהָ:

24. And Laban gave Zilpah his maidservant to his daughter Leah as a maidservant.

כד. וַיִּתֵּן לָבָן לָהּ אֶת זִלְפָּה שִׁפְחָתוֹ לְלֵאָה בִתּוֹ שִׁפְחָה:

25. And it came to pass in the morning, and behold she was Leah! So he said to Laban, "What is this that you have done to me? Did I not work with you for Rachel? Why have you deceived me?"

כה. וַיְהִי בַבֹּקֶר וְהִנֵּה הִוא לֵאָה וַיֹּאמֶר אֶל לָבָן מַה זֹּאת עָשִׂיתָ לִּי הֲלֹא בְרָחֵל עָבַדְתִּי עִמָּךְ וְלָמָּה רִמִּיתָנִי:

And it came to pass in the morning, and behold she was Leah: But at night, she was not Leah, because Jacob had given signs to Rachel, but when she saw that they were bringing Leah, she (Rachel) said,“Now, my sister will be put to shame. So she readily transmitted those signs to her.” - [from Meg. 13b]

ויהי בבקר והנה היא לאה: אבל בלילה לא היתה לאה, לפי שמסר יעקב לרחל סימנים, וכשראתה רחל שמכניסין לו לאה אמרה עכשיו תכלם אחותי, עמדה ומסרה לה אותן סימנים:

26. And Laban said, "It is not done so in our place to give the younger one before the firstborn.

כו. וַיֹּאמֶר לָבָן לֹא יֵעָשֶׂה כֵן בִּמְקוֹמֵנוּ לָתֵת הַצְּעִירָה לִפְנֵי הַבְּכִירָה:

27. Complete the [wedding] week of this one, and we will give you this one too, for the work that you will render me for another seven years."

כז. מַלֵּא שְׁבֻעַ זֹאת וְנִתְּנָה לְךָ גַּם אֶת זֹאת בַּעֲבֹדָה אֲשֶׁר תַּעֲבֹד עִמָּדִי עוֹד שֶׁבַע שָׁנִים אֲחֵרוֹת:

Complete the [wedding] week of this one: Heb. שְׁבֻעַ. This is the construct state, because it is vocalized with a chataf (a sheva), [and means] the week of this one, which are the seven days of feasting [celebrated by a newly wedded couple]. [This appears in the] Talmud Yerushalmi , Mo’ed Katan (1:7). It is impossible to say [that it means] really a week [in the absolute state and should be rendered: this week,] because, if so, the “shin” would have to be vowelized with a “patach,” (he means to say a“kamatz” שָׁבֻעַ). Furthermore, שָׁבֻעַ is in the masculine gender, for it is written: (Deut. 16:9)“ You shall count seven weeks (שִׁבְעָה שָׁבֻעֹת) .” Therefore, it does not signify a week but seven [days], septaine in Old French.

מלא שבוע זאת: דבוק הוא שהרי נקוד בחטף שבוע של זאת, והן שבעת ימי המשתה בתלמוד ירושלמי במועד קטן (א ז). ואי אפשר לומר שבוע ממש, שאם כן היה צריך לינקד בפתח השין. ועוד ששבוע לשון זכר, כדכתיב (דברים טז ט) שבעה שבועות תספר לך, לפיכך אין משמע שבוע אלא שבעה שייטיינ"א בלע"ז [קבוצה של שבעה]:

and we will give to you: [This is] a plural expression, similar to (above 11;3, 7), “Let us descend and confuse” ; “and let us fire them.” This, too, is an expression of giving.

ונתנה לך: לשון רבים, כמו (לעיל יא ז) נרדה ונבלה, (שם ג) ונשרפה, אף זה לשון וניתן:

this one too: immediately after the seven days of feasting, and you will work after her marriage. — [from Pirkei d’Rabbi Eliezer , ch. 36]

גם את זאת: [מיד לאחר שבעת ימי המשתה] ותעבוד לאחר נשואיה:  

28. And Jacob did so, and he completed the week of this one, and he gave his daughter Rachel to him as a wife.

כח. וַיַּעַשׂ יַעֲקֹב כֵּן וַיְמַלֵּא שְׁבֻעַ זֹאת וַיִּתֶּן לוֹ אֶת רָחֵל בִּתּוֹ לוֹ לְאִשָּׁה:

29. And Laban gave his daughter Rachel his maidservant Bilhah, for a maidservant.

כט. וַיִּתֵּן לָבָן לְרָחֵל בִּתּוֹ אֶת בִּלְהָה שִׁפְחָתוֹ לָהּ לְשִׁפְחָה:

30. And he came also to Rachel, and he also loved Rachel more than Leah; and he worked with him yet another seven years.

ל. וַיָּבֹא גַּם אֶל רָחֵל וַיֶּאֱהַב גַּם אֶת רָחֵל מִלֵּאָה וַיַּעֲבֹד עִמּוֹ עוֹד שֶׁבַע שָׁנִים אֲחֵרוֹת:

yet another seven years: (Gen. Rabbah 70:20) Scripture compares the other ones to the first ones. Just as [he worked for him during] the first ones faithfully, so [did he work for him during] the other ones faithfully, although he (Laban) had dealt with him deceitfully.

ויעבוד עמו עוד שבע שנים אחרות: הקישן לראשונות, מה ראשונות באמונה אף האחרונות באמונה, ואף על פי שברמאות בא עליו:

31. And the Lord saw that Leah was hated, so He opened her womb; but Rachel was barren.

לא. וַיַּרְא יְהֹוָה כִּי שְׂנוּאָה לֵאָה וַיִּפְתַּח אֶת רַחְמָהּ וְרָחֵל עֲקָרָה:

32. And Leah conceived and bore a son, and she named him Reuben, for she said, "Because the Lord has seen my affliction, for now my husband will love me."

לב. וַתַּהַר לֵאָה וַתֵּלֶד בֵּן וַתִּקְרָא שְׁמוֹ רְאוּבֵן כִּי אָמְרָה כִּי רָאָה יְהֹוָה בְּעָנְיִי כִּי עַתָּה יֶאֱהָבַנִי אִישִׁי:

and she named him Reuben: (Ber. 7b) Our Sages explained: She said,“Look at the difference between my son and the son of my father-in-law, who sold the birthright to Jacob (above 25:33). This one (Reuben) did not sell it to Joseph, but he nevertheless did not contend against him but sought to take him out of the pit.”

ותקרא שמו ראובן: רבותינו פירשו, אמרה ראו מה בין בני לבן חמי שמכר הבכורה ליעקב, וזה לא מכרה ליוסף ולא ערער עליו, ולא עוד שלא ערער עליו אלא שביקש להוציאו מן הבור:

33. And she conceived again and bore a son, and she said, "Since the Lord has heard that I am hated, He gave me this one too." So she named him Simeon.

לג. וַתַּהַר עוֹד וַתֵּלֶד בֵּן וַתֹּאמֶר כִּי שָׁמַע יְהֹוָה כִּי שְׂנוּאָה אָנֹכִי וַיִּתֶּן לִי גַּם אֶת זֶה וַתִּקְרָא שְׁמוֹ שִׁמְעוֹן:

34. And she conceived again and bore a son, and she said, "Now this time my husband will be attached to me, for I have borne him three sons; therefore, He named him Levi.

לד. וַתַּהַר עוֹד וַתֵּלֶד בֵּן וַתֹּאמֶר עַתָּה הַפַּעַם יִלָּוֶה אִישִׁי אֵלַי כִּי יָלַדְתִּי לוֹ שְׁלשָׁה בָנִים עַל כֵּן קָרָא שְׁמוֹ לֵוִי:

this time my husband will be attached: Heb. יִלָּוֶה. Since the Matriarchs were prophetesses, they knew that twelve tribes would emanate from Jacob, and that he would marry four wives, she said, “From now on, he will find no fault with me for I have contributed my share in (producing) sons.” - [from Bereishith Rabbathi, attributed to Rabbi Moshe Hadarshan, Midrash Aggadah] [I.e., three sons were thought to be each wife’s share of the twelve.]

הפעם ילוה אשי: לפי שהאמהות נביאות היו ויודעות ששנים עשר שבטים יוצאים מיעקב וארבע נשים ישא, אמרה מעתה אין לו פתחון פה עלי, שהרי נטלתי כל חלקי בבנים:

therefore: Whoever is referred to with the expression עַל-כֵּן had a large population, except Levi, because the Ark destroyed many of them. — [from Gen. Rabbah 71:4]

על כן: כל מי שנאמר בו על כן מרובה באוכלוסין, חוץ מלוי שהארון היה מכלה בהם:

He named him Levi: [I wondered why] it is written concerning this one, “and he named,” while concerning all [the others], it is written, “and she named.” There is an aggadic midrash in Deuteronomy Rabbah, [which relates] how the Holy One, blessed be He, sent Gabriel and he brought him (Levi) before Him, and He gave him this name, and He gave him the twenty-four priestly gifts; and because he accompanied him (לִוָּהוּ) with gifts, he named him Levi.

קרא שמו לוי: תמהתי שבכולם כתיב ותקרא, וזה כתב בו קרא, ויש מדרש אגדה באלה הדברים רבה ששלח הקב"ה גבריאל והביאו לפניו וקרא לו שם זה ונתן לו עשרים וארבע מתנות כהונה, ועל שם שלוהו במתנות קראו לוי:

35. And she conceived again and bore a son, and she said, "This time, I will thank the Lord! Therefore, she named him Judah, and [then] she stopped bearing.

לה. וַתַּהַר עוֹד וַתֵּלֶד בֵּן וַתֹּאמֶר הַפַּעַם אוֹדֶה אֶת יְהֹוָה עַל כֵּן קָרְאָה שְׁמוֹ יְהוּדָה וַתַּעֲמֹד מִלֶּדֶת:

This time, I will thank: since I have taken more than my share. Consequently, I must offer up thanks. — [from Gen. Rabbah 71:4]

הפעם אודה: שנטלתי יותר מחלקי, מעתה יש לי להודות:

Chapter 30

1. And Rachel saw that she had not borne [any children] to Jacob, and Rachel envied her sister, and she said to Jacob, "Give me children, and if not, I am dead."

א. וַתֵּרֶא רָחֵל כִּי לֹא יָלְדָה לְיַעֲקֹב וַתְּקַנֵּא רָחֵל בַּאֲחֹתָהּ וַתֹּאמֶר אֶל יַעֲקֹב הָבָה לִּי בָנִים וְאִם אַיִן מֵתָה אָנֹכִי:

and Rachel envied her sister: She envied her good deeds. She said, “If she had not been more righteous than I, she would not have merited children” (Gen. Rabbah 71:5).

ותקנא רחל באחותה: קנאה במעשיה הטובים, אמרה אלולי שצדקה ממני לא זכתה לבנים:

Give me: Did your father [not] do that for your mother? Did he not pray for her?- [from Gen. Rabbah 71:7]

הבה לי: וכי כך עשה אביך לאמך, והלא התפלל עליה:

I am dead: From here [we learn] that whoever has no children is counted as dead. — [from Gen. Rabbah 71:6]

מתה אנכי: מכאן למי שאין לו בנים שחשוב כמת:

2. And Jacob became angry with Rachel, and he said, "Am I instead of God, Who has withheld from you the fruit of the womb?"

ב. וַיִּחַר אַף יַעֲקֹב בְּרָחֵל וַיֹּאמֶר הֲתַחַת אֱלֹהִים אָנֹכִי אֲשֶׁר מָנַע מִמֵּךְ פְּרִי בָטֶן:

Am I instead of God: Am I in His place?

התחת א-להים אנכי: וכי במקומו אני:

Who has withheld from you: You say that I should do as my father did. I am not like my father. My father had no sons [at the time he prayed], but I have sons. [It is thus apparent that] He has withheld [children] from you, not from me. — [from Gen. Rabbah 71:7]

אשר מנע ממך: את אמרת שאעשה כאבא, אני איני כאבא, אבא לא היו לו בנים אני יש לי בנים, ממך מנע ולא ממני:

3. So she said, "Here is my maidservant Bilhah; come to her, and she will bear [children] on my knees, so that I, too, will be built up from her."

ג. וַתֹּאמֶר הִנֵּה אֲמָתִי בִלְהָה בֹּא אֵלֶיהָ וְתֵלֵד עַל בִּרְכַּי וְאִבָּנֶה גַם אָנֹכִי מִמֶּנָּה:

on my knees: As the Targum renders: and I will rear [them].

על ברכי: כתרגומו ואנא ארבי:

so that I, too, will be built up: What is [the meaning of] “too” ? She said to him, “Your grandfather Abraham had sons from Hagar; yet he girded his loins (he prayed fervently) on Sarah’s behalf.” He replied, “My grandmother brought her rival into her house.” She said, “If this matter is holding things up (prevents me from having children), here is my maidservant.” - [from Gen. Rabbah 71:7]

ואבנה גם אנכי: מהו גם, אמרה לו זקנך אברהם היו לו בנים מהגר, וחגר מתניו כנגד שרה, אמר לה זקנתי הכניסה צרתה לביתה, אמרה לו אם הדבר הזה מעכב, הנה אמתי בלהה:  

so that I, too, will be built up from her: like Sarah. — [from Gen. Rabbah 71:7]

ואבנה גם אנכי ממנה: כשרה:

4. So she gave him her maidservant Bilhah for a wife, and Jacob came to her.

ד. וַתִּתֶּן לוֹ אֶת בִּלְהָה שִׁפְחָתָהּ לְאִשָּׁה וַיָּבֹא אֵלֶיהָ יַעֲקֹב:

5. And Bilhah conceived, and she bore Jacob a son.

ה. וַתַּהַר בִּלְהָה וַתֵּלֶד לְיַעֲקֹב בֵּן:

6. And Rachel said, "God has judged me, and He has also hearkened to my voice and has given me a son"; so she named him Dan.

ו. וַתֹּאמֶר רָחֵל דָּנַנִּי אֱלֹהִים וְגַם שָׁמַע בְּקֹלִי וַיִּתֶּן לִי בֵּן עַל כֵּן קָרְאָה שְׁמוֹ דָּן:

God has judged me: He judged me, declared me guilty, and then declared me innocent. — [from Gen. Rabbah 71:7].

דנני א-להים: דנני וחייבני וזכני:

7. And Bilhah, Rachel's maidservant, conceived again and bore Jacob a second son.

ז. וַתַּהַר עוֹד וַתֵּלֶד בִּלְהָה שִׁפְחַת רָחֵל בֵּן שֵׁנִי לְיַעֲקֹב:

8. And Rachel said, "[With] divine bonds I have been joined to my sister; I have also prevailed"; so she named him Naftali.

ח. וַתֹּאמֶר רָחֵל נַפְתּוּלֵי אֱלֹהִים | נִפְתַּלְתִּי עִם אֲחֹתִי גַּם יָכֹלְתִּי וַתִּקְרָא שְׁמוֹ נַפְתָּלִי:

divine bonds: Heb. נַפְתּוּלֵי אֱלֹהִים. Menachem ben Saruk (p. 147) classified it in the grouping of Num. 19:15,“a cover bound (פָּתִיל) .” With bonds from the Omnipresent, I have joined my sister to merit children. But I interpret it as an expression of“perverse and crooked (וּפְתַלְתֹּל).” (Deut. 32:5). I have stubbornly pleaded many tortuous pleas to the Omnipresent to be equal to my sister.

נפתולי א-להים: מנחם בן סרוק פירשו במחברת (במדבר יט טו) צמיד פתיל, חבורים, מאת המקום נתחברתי עם אחותי לזכות לבנים. ואני מפרשו לשון (דברים לב ה) עקש ופתלתול, נתעקשתי והפצרתי פצירות ונפתולים הרבה למקום להיות שוה לאחותי:

I have also prevailed: He yielded to my importunities. Onkelos, however, rendered it as an expression of prayer (תְּפִלָּה) : נַפְתּוּלֵי אֱלֹהִים נִפְתַּלְתִּי. Requests beloved to Him were accepted on my behalf, and I was answered like my sister. נִפְתַּלְתִּי means: my prayer was accepted. There are many aggadic midrashim that interpret this phrase with the method of notarikon, (i.e., each group of letters represents a word).

גם יכלתי: הסכים על ידי. ואונקלוס תרגם לשון תפילה, כמו נפתולי א-להים, נתפללתי בקשות החביבות לפניו, נתקבלתי ונעתרתי כאחותי:

9. When Leah saw that she had stopped bearing [children], she took her maidservant Zilpah, and gave her to Jacob for a wife.

ט. וַתֵּרֶא לֵאָה כִּי עָמְדָה מִלֶּדֶת וַתִּקַּח אֶת זִלְפָּה שִׁפְחָתָהּ וַתִּתֵּן אֹתָהּ לְיַעֲקֹב לְאִשָּׁה:

10. And Zilpah, Leah's maidservant, bore Jacob a son.

י. וַתֵּלֶד זִלְפָּה שִׁפְחַת לֵאָה לְיַעֲקֹב בֵּן:

And Zilpah…bore: In the case of all of them (i.e., all Jacob’s wives), conception is mentioned, except for Zilpah, because she was the youngest of them all and so young in years that her pregnancy was not noticed. In order to deceive Jacob, Laban gave her to Leah, so that he would not perceive that they were bringing in Leah, for this was their custom, to give the older maidservant to the older [daughter] and the younger [maidservant] to the younger [daughter]. — [from Gen. Rabbah 71: 9]

ותלד זלפה: בכולן נאמר הריון חוץ מזלפה לפי שהיתה בחורה מכולן ותינוקת בשנים ואין הריון ניכר בה, וכדי לרמות ליעקב נתנה לבן ללאה שלא יבין שמכניסין לו את לאה, שכך מנהג ליתן שפחה גדולה לגדולה וקטנה לקטנה:

11. And Leah said, "Luck has come"; so she named him Gad.

יא. וַתֹּאמֶר לֵאָה בָּא גָד וַתִּקְרָא אֶת שְׁמוֹ גָּד:

“Luck has come”: Heb. בָּא גָּד. Good luck has come [Targum Jonathan ben Uzziel] similar to (Shab. 67b)“ May my fate be lucky (גָד גַדִּי) and not fatigued,” and similar to this (Isa. 65:11), “who set a table for Gad.” According to the Aggadah [Midrash Aggadah in the name of“some say”], he was born circumcised גָּד, meaning “cut off”), like Dan. 4:11,“cut down (גֹּדוּ) the tree,” but I do not know why it is written as one word (בָּגָד) [in our verse]. Another explanation: Why is it read as one word? בָּגָד is like בָּגַדְתּ ָבִּי, you betrayed me when you came to my handmaid, as a man who has betrayed (בָּגַד) the wife of his youth.

בא גד: בא מזל טוב, כמו (שבת סז ב) גד גדי וסנוק לא, ודומה לו (ישעיה סה יא) העורכים לגד שלחן. ומדרש אגדה שנולד מהול, כמו (דניאל ד כ) גדו אילנא, ולא ידעתי על מה נכתבה תיבה אחת. דבר אחר למה נקראת תיבה אחת בגד, כמו בגדת בי כשבאת אל שפחתי, כאיש שבגד באשת נעורים:  

12. And Zilpah, Leah's maidservant, bore Jacob a second son.

יב. וַתֵּלֶד זִלְפָּה שִׁפְחַת לֵאָה בֵּן שֵׁנִי לְיַעֲקֹב:

13. And Leah said, "Because of my good fortune, for women have declared me fortunate"; so she named him Asher.

יג. וַתֹּאמֶר לֵאָה בְּאָשְׁרִי כִּי אִשְּׁרוּנִי בָּנוֹת וַתִּקְרָא אֶת שְׁמוֹ אָשֵׁר:

~~~~~~~

Daily Tehillim: Psalms Chapter 1 ~ 17

Chapter 1

This psalm inspires man to study Torah and avoid sin. One who follows this path is assured of success in all his deeds, whereas the plight of the wicked is the reverse.

1. Fortunate is the man that has not walked in the counsel of the wicked, nor stood in the path of sinners, nor sat in the company of scoffers.

2. Rather, his desire is in the Torah of the Lord, and in His Torah he meditates day and night.

3. He shall be like a tree planted by streams of water, that yields its fruit in its season, and whose leaf does not wither; and all that he does shall prosper.

4. Not so the wicked; rather, they are like the chaff that the wind drives away.

5. Therefore the wicked will not endure in judgement, nor sinners in the assembly of the righteous.

6. For the Lord minds the way of the righteous, but the way of the wicked will perish.

Chapter 2

This psalm warns against trying to outwit the ways of God. It also instructs one who has reason to rejoice, to tremble—lest his sins cause his joy to be overturned.

1. Why do nations gather, and peoples speak futility?

2. The kings of the earth rise up, and rulers conspire together, against the Lord and against His anointed:

3. “Let us sever their cords, and cast their ropes from upon us!”

4. He Who sits in heaven laughs, my Master mocks them.

5. Then He speaks to them in His anger, and terrifies them in His wrath:

6. “It is I Who have anointed My king, upon Zion, My holy mountain.”

7. I am obliged to declare: The Lord said to me, “You are my son, I have this day begotten you.

1

8. Ask of Me, and I will make the nations your inheritance, and the ends of the earth your possession.

9. Smash them with a rod of iron, shatter them like a potter’s vessel.”

10. Now be wise, you kings; be disciplined, you rulers of the earth.

11. Serve the Lord with awe, and rejoice with trembling.

12. Yearn for purity—lest He become angry and your path be doomed, if his anger flares for even a moment. Fortunate are all who put their trust in Him

Chapter 3

When punishment befalls man, let him not be upset by his chastisement, for perhaps--considering his sins—he is deserving of worse, and God is in fact dealing kindly with him.

1. A psalm by David, when he fled from Absalom his son.

2. Lord, how numerous are my oppressors; many rise up against me!

3. Many say of my soul, “There is no salvation for him from God—ever!”

4. But You, Lord, are a shield for me, my glory, the One Who raises my head.

5. With my voice I call to the Lord, and He answers me from His holy mountain, Selah.

6. I lie down and sleep; I awake, for the Lord sustains me.

7. I do not fear the myriads of people that have aligned themselves all around me.

8. Arise, O Lord, deliver me, my God. For You struck all my enemies on the cheek, You smashed the teeth of the wicked.

9. Deliverance is the Lord’s; may Your blessing be upon Your people forever

Chapter 4

This psalm exhorts man not to shame his fellow, and to neither speak nor listen to gossip and slander. Envy not the prosperity of the wicked in this world, rather rejoice and say: “If it is so for those who anger Him . . . [how much better it will be for those who serve Him!”]

1. For the Conductor, with instrumental music, a psalm by David.

2. Answer me when I call, O God [Who knows] my righteousness. You have relieved me in my distress; be gracious to me and hear my prayer.

3. Sons of men, how long will you turn my honor to shame, will you love vanity, and endlessly seek falsehood?

4. Know that the Lord has set apart His devout one; the Lord will hear when I call to Him.

5. Tremble and do not sin; reflect in your hearts upon your beds, and be silent forever.

6. Offer sacrifices in righteousness, and trust in the Lord.

7. Many say: “Who will show us good?” Raise the light of Your countenance upon us, O Lord.

8. You put joy in my heart, greater than [their joy] when their grain and wine abound.

9. In peace and harmony I will lie down and sleep, for You, Lord, will make me dwell alone, in security.

Chapter 5

A prayer for every individual, requesting that the wicked perish for their deeds, and the righteous rejoice for their good deeds.

1. For the Conductor, on the nechilot,1 a psalm by David.

2. Give ear to my words, O Lord, consider my thoughts.

3. Listen to the voice of my cry, my King and my God, for to You I pray.

4. Lord, hear my voice in the morning; in the morning I set [my prayers] before you and hope.

5. For You are not a God Who desires wickedness; evil does not abide with You.

6. The boastful cannot stand before Your eyes; You hate all evildoers.

7. You destroy the speakers of falsehood; the Lord despises the man of blood and deceit.

8. And I, through Your abundant kindness, come into Your house; I bow toward Your holy Sanctuary, in awe of You.

9. Lead me, O Lord, in Your righteousness, because of my watchful enemies; straighten Your path before me.

10. For there is no sincerity in their mouths, their heart is treacherous; their throat is an open grave, [though] their tongue flatters.

11. Find them guilty, O God, let them fall by their schemes; banish them for their many sins, for they have rebelled against You.

12. But all who trust in You will rejoice, they will sing joyously forever; You will shelter them, and those who love Your Name will exult in You.

13. For You, Lord, will bless the righteous one; You will envelop him with favor as with a shield.

Chapter 6

This is an awe-inspiring prayer for one who is ill, to pray that God heal him, body and soul. An ailing person who offers this prayer devoutly and with a broken heart is assured that God will accept his prayer.

1. For the Conductor, with instrumental music for the eight-stringed harp, a psalm by David.

2. Lord, do not punish me in Your anger, nor chastise me in Your wrath.

3. Be gracious to me, O Lord, for I languish away; heal me, O Lord, for my bones tremble in fear.

4. My soul is panic-stricken; and You, O Lord, how long [before You help]?

5. Relent, O Lord, deliver my soul; save me for the sake of Your kindness.

6. For there is no remembrance of You in death; who will praise You in the grave?

7. I am weary from sighing; each night I drench my bed, I melt my couch with my tears.

8. My eye has grown dim from vexation, worn out by all my oppressors.

9. Depart from me, all you evildoers, for the Lord has heard the sound of my weeping.

10. The Lord has heard my supplication; the Lord accepts my prayer.

11. All my enemies will be shamed and utterly terrified; they will then repent and be shamed for a moment.

Chapter 7

Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.

1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.

2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.

3. Lest he tear my soul like a lion, crushing me with none to rescue.

4. Lord, my God, if I have done this, if there is wrongdoing in my hands;

5. if I have rewarded my friends with evil or oppressed those who hate me without reason—

6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.

7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.

8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.

9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.

10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.

11. [I rely] on God to be my shield, He Who saves the upright of heart.

12. God is the righteous judge, and the Almighty is angered every day.

13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.

14. He has prepared instruments of death for him; His arrows will be used on the pursuers.

15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.

16. He digs a pit, digs it deep, only to fall into the trap he laid.

17. His mischief will return upon his own head, his violence will come down upon his own skull.

18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High

Chapter 8

This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”

1. For the Conductor, on the gittit,1 a psalm by David.

2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!

3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2

4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—

5. what is man that You should remember him, son of man that You should be mindful of him?

6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.

7. You made him ruler over Your handiwork, You placed everything under his feet.

8. Sheep and cattle—all of them, also the beasts of the field;

9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.

10. Lord, our Master, how mighty is Your Name throughout the earth.

Chapter 9

One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.

1. For the Conductor, upon the death of Labben, a psalm by David.

2. I will thank the Lord with all my heart; I will recount all Your wonders.

3. I will rejoice and exult in You; I will sing to Your Name, O Most High.

4. When my enemies retreat, they will stumble and perish from before You.

5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.

6. You destroyed nations, doomed the wicked, erased their name for all eternity.

7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.

8. But the Lord is enthroned forever, He established His throne for judgement.

9. And He will judge the world with justice, He will render judgement to the nations with righteousness.

10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.

11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.

12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.

13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.

14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,

15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.

16. The nations sank into the pit that they made; in the net they concealed their foot was caught.

17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.

18. The wicked will return to the grave, all the nations that forget God.

19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.

20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.

21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.

Chapter 10

This psalm tells of the wicked one’s prosperity and his boasting of it, until he says: “There is neither law nor judge. God pays no attention to the actions of mere mortals.”

1. Why, O Lord, do You stand afar, do You hide Yourself in times of distress?

2. The wicked man in his arrogance pursues the poor; they are caught by the schemes they have contrived.

3. For the wicked man glories in the desire of his heart, and the robber boasts that he has scorned the Lord.

4. The wicked one in his insolence [thinks], “He does not avenge”; all his thoughts are, “There is no God.”

5. His ways always succeed; Your retribution is far removed from before him; he puffs at all his foes.

6. He says in his heart, “I shall not falter; for all generations no evil will befall me.”

7. His mouth is full of oaths, deceit and malice; mischief and iniquity are under his tongue.

8. He sits in ambush near open cities; in hidden places he murders the innocent; his eyes stealthily watch for the helpless.

9. He lurks in hiding like a lion in his lair; he lurks to seize the poor, then seizes the poor when he draws his net.

10. He crouches and stoops, then the helpless fall prey to his might.

11. He says in his heart, “God has forgotten, He conceals His countenance, He will never see.”

12. Arise, O Lord! O God, lift Your hand! Do not forget the lowly.

13. Why does the wicked man scorn God? Because he says in his heart, “You do not avenge.”

14. Indeed, You do see! For You behold the mischief and vexation. To recompense is in Your power; the helpless place their trust in You; You have [always] helped the orphan.

15. Break the strength of the wicked; then search for the wickedness of the evil one and You will not find it.

16. The Lord reigns for all eternity; the nations have vanished from His land.

17. Lord, You have heard the desire of the humble; direct their hearts, let Your ear listen,

18. to bring justice to the orphan and the downtrodden, so that [the wicked] shall no longer crush the frail of the earth.

Chapter 11

This psalm declares that the suffering of the righteous one is for his own benefit, to cleanse him of his sins; whereas the wicked one is granted prosperity in this world-similar to the verse, "Wealth remains with its owner, to his detriment."

1. For the Conductor, by David. I have placed my trust in the Lord; [thus] how can you say of my soul, your mountain,1 that it flees like a bird?2

2. For behold, the wicked bend the bow, they have readied their arrow upon the bowstring, to shoot in darkness at the upright of heart.

3. They destroyed the foundations; 3 what [wrong] has the righteous man done?

4. The Lord is in His holy Sanctuary, the Lord's throne is in heaven, [yet] His eyes behold, His pupils probe [the deeds of] mankind.

5. The Lord tests the righteous, but He hates the wicked and the lover of violence.

6. He will rain down upon the wicked fiery coals and brimstone; a scorching wind will be their allotted portion.

7. For the Lord is righteous, He loves [the man of] righteous deeds; the upright will behold His countenance.

Chapter 12

This psalm admonishes informers, slanderers, and flatterers.

1. For the Conductor, upon the eight-stringed instrument, a psalm by David.

2. Help us, Lord, for the pious are no more; for the faithful have vanished from among men.

3. Men speak falsehood to one another; with flattering lips, with a duplicitous heart do they speak.

4. May the Lord cut off all flattering lips, the tongue that speaks boastfully-

5. those who have said, "With our tongues we shall prevail, our lips are with us, who is master over us!”

6. Because of the plundering of the poor, because of the moaning of the needy, the Lord says, "Now I will arise!" "I will grant deliverance," He says to him.

7. The words of the Lord are pure words, like silver refined in the finest earthen crucible, purified seven times.

8. May You, O Lord, watch over them; may You forever guard them from this generation,

9. [in which] the wicked walk on every side; when they are exalted it is a disgrace to mankind.

Chapter 13

A prayer for an end to the long exile. One in distress should offer this prayer for his troubles and for the length of the exile.

1. For the Conductor, a psalm by David.

2. How long, O Lord, will You forget me, forever? How long will You hide Your countenance from me?

3. How long must I seek counsel within my soul, [to escape] the grief in my heart all day? How long will my enemy be exalted over me?

4. Look! Answer me, O Lord, my God; give light to my eyes, lest I sleep the sleep of death.

5. Lest my enemy say, "I have overcome him," [and] my oppressors rejoice when I falter.

6. I have placed my trust in Your kindness, my heart will rejoice in Your deliverance. I will sing to the Lord, for He has dealt kindly with me.

Chapter 14

This psalm speaks of the destruction of the two Holy Temples-the first by Nebuchadnezzar, and the second by Titus.

1. For the Conductor, by David. The fool says in his heart, "There is no God!" [Man's] deeds have become corrupt and abominable, no one does good.

2. The Lord looked down from heaven upon mankind, to see if there was any wise man who searches for God.

3. They have all gone astray together, they have become corrupt; there is none who does good, not even one.

4. Indeed, all the evildoers, who devour My people as they devour bread, who do not call upon the Lord, will [ultimately] come to know [the consequences of their actions].

5. There they will be seized with fright, for God is with the righteous generation.

6. You scorn the counsel of the lowly, that he puts his trust in the Lord.

7. O that out of Zion would come Israel's deliverance! When the Lord returns the captivity of His people, Jacob will exult, Israel will rejoice.

Chapter 15

This psalm speaks of several virtues and attributes with which one should conduct oneself. He is then assured that his soul will rest in Gan Eden.

1. A psalm by David. Who may abide in Your tent, O Lord? Who may dwell on Your holy Mountain?

2. He who walks blamelessly, acts justly, and speaks truth in his heart;

3. who has no slander on his tongue, who has done his fellowman no evil, and who has brought no disgrace upon his relative;

4. in whose eyes a despicable person is abhorrent, but who honors those who are God-fearing; who does not change his oath even if it is to his own detriment;

5. who does not lend his money at interest, nor accept a bribe against the innocent. He who does these things shall never falter.

Chapter 16

When one is in need, he should not implore God in his own merit, for he must leave his merits for his children.

1. A michtam,1 by David. Watch over me, O God, for I have put my trust in You.

2. You, [my soul,] have said to God, "You are my Master; You are not obligated to benefit me.”

3. For the sake of the holy ones who lie in the earth, and for the mighty-all my desires are fulfilled in their merit.

4. Those who hasten after other [gods], their sorrows shall increase; I will not offer their libations of blood, nor take their names upon my lips.

5. The Lord is my allotted portion and my share; You guide my destiny.

6. Portions have fallen to me in pleasant places; indeed, a beautiful inheritance is mine.

7. I bless the Lord Who has advised me; even in the nights my intellect admonishes me.2

8. I have set the Lord before me at all times; because He is at my right hand, I shall not falter.

9. Therefore my heart rejoices and my soul exults; my flesh, too, rests secure.

10. For You will not abandon my soul to the grave, You will not allow Your pious one to see purgatory.

11. Make known to me the path of life, that I may be satiated with the joy of Your presence, with the bliss of Your right hand forever.

Chapter 17

A loftily person should not ask God to test him with some sinful matter, or other things. If one has sinned, he should see to reform himself, and to save many others from sin.

1. A prayer by David. Hear my sincere [plea], O Lord; listen to my cry; give ear to my prayer, expressed by guileless lips.

2. Let my verdict come forth from before You; let Your eyes behold uprightness.

3. You have probed my heart, examined it in the night, tested me and found nothing; no evil thought crossed my mind; as are my words so are my thoughts.

4. So that [my] human deeds conform with the words of Your lips, I guard myself from the paths of the lawbreakers.

5. Support my steps in Your paths, so that my feet shall not falter.

6. I have called upon You, for You, O Lord, will answer me; incline Your ear to me, hear what I say.

7. Withhold Your kindness-O You who delivers with Your right hand those who put their trust in You-from those who rise up against [You].

8. Guard me like the apple of the eye; hide me in the shadow of Your wings

9. from the wicked who despoil me, [from] my mortal enemies who surround me.

10. Their fat has closed [their hearts]; their mouths speak arrogantly.

11. They encircle our footsteps; they set their eyes to make us stray from the earth.

12. His appearance is like a lion longing to devour, like a young lion lurking in hiding.

13. Arise, O Lord! Confront him, bring him to his knees; rescue my soul from the wicked [who serves as] Your sword.

14. Let me be among those whose death is by Your hand, O Lord, among those who die of old age, whose portion is eternal life and whose innards are filled with Your concealed goodness; who are sated with sons and leave their abundance to their offspring.

15. Because of my righteousness, I shall behold Your countenance; in the time of resurrection, I will be sated by Your image.

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Monday,, 1 Kislev, 5774 ~ 4 November 2013 ~~ Tuesday, 2 Kislev, 5774 ~ 5 November 2013

Tanya: Kuntres Acharon, end of Essay 3 & Kuntres Acharon, beginning of Essay 4

Kuntres Acharon, end of Essay 3

ומה שכתוב בפרשת פקודי: גו רקיע תתאה

As to what is stated in [the Zohar,] Parshat Pekudei,1 [that prayer without proper intent is repelled] “into the lowest heaven,” indicating that it is allowed to rise at least to that point,

ובפרשת ויקהל משמע דדוקא אי איהי מלה כדקה יאות, סלקין עמה עד אוירא דרקיע דלעילא כו׳

whereas in [the Zohar,] Parshat Vayakhel,2 the implication is that “only if it is a seemly word, i.e., prompted by the proper intent, do [the appointed angels] ascend with it to the atmosphere of the heaven above...,”

How does this latter passage accord with the previously-quoted statement in Pekudei, that even when the prayer is without proper intent it still ascends, at least to the lowest firmament?

לא קשיא מידי

this [seeming contradiction] presents no problem.

דרקיע תתאה מאינון רקיעין דמדברי גו עלמא, שבפרשת פקודי, הן דמלכות דעשיה

For the expression in Pekudei, “the lowest heaven of the heavens that govern the world,” refers to Malchut of Asiyah,

ודפרשת ויקהל, הן דז״א דעשיה, כמו שכתוב בעץ חיים, שער השמות פרק ג׳, גבי ז״א דעשיה, עיין שם

whereas in Parshat Vayakhel, the reference is to Za of Asiyah, as is written in Etz Chayim, Shaar HaShemot, ch. 3, in reference to Za of Asiyah; see there.

It could be argued that the above question presupposed that the “lower heaven” of Pekudei was of the same level as the “heaven above” of Vayakhel, for the “lower heaven” too is “above the sun.”

By the same token, the answer refers to two distinct levels of “heaven”. Pekudei refers to Malchut of Asiyah, while Vayakhel refers to Za of Asiyah, to which prayers ascend when they are “seemly”. From this level they ascend yet further, to the G‑dliness of the Ten Sefirot of Yetzirah and Beriah. The main point here is, however, that when a prayer is not “seemly” it is not elevated even to Za of Asiyah, but merely to Malchut of Asiyah.

It could be explained that when prayer without proper intent is elevated to the “lower heaven,” its elevation does not bring about that which prayer should effect. For in order for a prayer to have its proper effect, such as the fulfillment of its requests, there must be drawn down into this world a degree of Divine influence that transcends the world, thereby healing the sick, or providing the year’s blessings, and so on. When, however, a prayer is repelled to Malchut of Asiyah, i.e., to that level from which all worldly things derive their life-force, then this level obviously cannot provide for whatever the world is lacking.

But when a properly-motivated prayer reaches up to Za of Asiyah, from there an efflux can be drawn down into the world to provide whatever the world lacks, thereby fulfilling the individual’s petitions.

והא דמשמע לכאורה, בפרשת פקודי, דגם תפלה פסולה עולה עד היכל הראשון, שממנו נדחית למטה, והוא בז״א דבריאה

As to the apparent implication in Parshat Pekudei that even invalid prayer — prayer whose intent is confused by alien thoughts — ascends to the First Chamber, whence it is hurled down, and this [Chamber] is in Za of Beriah,

It would thus seem that even an invalid prayer is at first elevated to Za of Beriah.

לא קשיא מידי, שהרי אפילו כל העוונות ממש, קלות וחמורות, עולות לשם, אפילו עד היכל הד׳, כמו שכתוב דף רנ״ב עמוד א׳

this presents no difficulty, for even palpable sins, minor and grave, ascend there, even as far as the Fourth Chamber, as is written [in the Zohar] on page 252a.

אלא ודאי שאין מהות העליות שוות, ואין ערוך ודמיון ביניהם, אלא בשיתוף השם בלבד, ודי למבין

It is thus certain that in essence the [above] ascensions are not identical, and there is no comparison or similarity between them except for the common name. This will suffice for the discerning.

The elevation of good actions means that they are actually uplifted to higher degrees of holiness, where they accomplish whatever they are intended to accomplish. With regard to sins, however, their “elevation” to the higher worlds brings about a blemish there. So, too, when we say that an “invalid prayer” ascends to the First Chamber, we are not at all speaking of the kind of elevation that takes place when a prayer is offered with the proper intent.

ובזה יובן גם כן מה שכתוב שם, דף רמ״ז, שבהיכל הב׳ (אולי צריך להיות: אזדמן הממונה, ואולי צריך להיות: קיימין הלבושים) ממונה על הלבושים שמלבישים הנשמה ממעשה המצות

This will also enable us to grasp the statement [in the Zohar] on page 247, that in the Second Chamber [there is to be found] the one appointed over the garments that clothe the soul as a result of the performance of mitzvot,

The bracketed Hebrew text here offers several variations: [3 “Possibly the text should read, ‘there is found the one4 appointed’; or possibly it should read, ‘the garments are5 housed.’”6]

אף שהוא בגן עדן התחתון דעשיה, כמו שכתוב שם, דף ר״י

even though [the mitzvot performed], and by extension, the soul’s garments that are fashioned thereby, are in the Lower Gan Eden in [the World of] Asiyah, as stated there (in the Zohar) on page 210.

How, then, do we say that the one appointed over — or alternatively, the garments of — the performance of the mitzvot are to be found in the Second Chamber of the World of Beriah?

However, as explained earlier, the above elevations are essentially dissimilar. Thus, though the mitzvot performed are located in the lower Garden of Eden of the World of Asiyah, the soul nevertheless ascends to the Second Chamber of Beriah and receives from there the garments that result from the performance of mitzvot. For the elevation of the soul to the level of Beriah in order to receive its garments is utterly different from the elevation of the mitzvot themselves to the lower Garden of Eden of the World of Asiyah.

והנה תפלה פסולה עדיפא מתורה שלא לשמה ממש

Now, invalid prayer is superior to Torah studied with a distinctly improper intention,

שהיא תחת השמש

for [the latter] is “under the sun,” since if it is undertaken for the purpose of self-aggrandizement it does not ascend at all,

והתפלה היא גו רקיע כו׳

while prayer — even “invalid prayer” — is “into the heaven,” albeit the lowest heaven.

אבל תורה סתם, שאינה שלא לשמה, רק מאהבה מסותרת טבעית

But the neutral study of Torah, that is without a negative intention, but is prompted merely by one’s latent, innate love,

For unconsciously, it is this love of G‑d that motivates even one’s merely habitual study of the Torah.

לא גרעא מהבל פיהן של תינוקות של בית רבן, דסליק לעילא מפני שהוא הבל שאין בו חטא

is not inferior to the “breath of the mouths of school children,” which ascends aloft because it is “breath untainted by sin.”7

וסליק לעילא, אף אם הוא שלא לשמה ממש, מיראת הרצועה שביד הסופר

This [breath] ascends aloft, even though it may be emphatically not altruistic, but only prompted by fear of punishment by the teacher.

In the same way, an adult whose study is of neutral intent is not tainted by sin (which it would be if he had studied for an ulterior motive). It therefore ascends heavenward.

ועיין שם, דף רנ״ה עמוד ב׳, שהמלאכים הם מעלים ההבל של תינוקות של בית רבן עד האצילות

See there on p. 255b, [where the Zohar states] that the angels elevate the breath of schoolchildren to Atzilut.

Addendum

In its primary meaning, the term “breath untainted by sin” signifies that the breath of the Torah study of schoolchildren is untainted because it proceeds from individuals who at this age are incapable of sin.

As the Gemara states in Shabbat,8 “Resh Lakish said in the name of R. Yehudah Nesiah, ‘The world exists solely by virtue of the breath of the mouths of schoolchildren [who study Torah].’ Said R. Papa to Abbaye: ‘And what of my Torah study and yours?’ He replied: ‘There is no comparison between breath that knows sin and breath that is free of sin.’” This means that children are not in the category of those who sin.

The Previous Rebbe once recalled9 that when his father, the Rebbe Rashab, taught him the above text, he first explained that the angels’ elevation of the Torah study of these children to Atzilut, as cited above from the Zohar by the Alter Rebbe, relates to the same rarefied level as the Supernal Unions that are accomplished by those who refine their bodies according to the secrets of the Kabbalah.

The Rebbe Rashab then added that the Alter Rebbe’s emphasis that this study comprised “breath untainted by sin” can be explained as follows: This is the breath of Torah words spoken by little children in artless simplicity. When they say, for example, “kametz alef: ah,” and they believe with a simple and ingrained faith that these and likewise all the other vowels and consonants of the Torah were transmitted to Moses on Sinai, then the very breath that emanates from their hearts is utterly pure, and untainted by sin.

(This commentary, continued the Rebbe Rashab, comes as an addition to the plain and primary meaning of “breath untainted by sin” — that these children are still pure from the taint of sin.)

Moreover, the above interpretation of breath being untainted by sin inasmuch as it emanates from uttering words of Torah with simple faith, applies not only to children, but to adults as well. They, too, can effect sublime Supernal Unions.

The Rebbe Rashab based this interpretation on a story he heard from the Baal Shem Tov when he visited his holy resting place at Mezhibuzh. At that time the Baal Shem Tov related that on his 16th birthday (18 Elul, 5474/1714) he had found himself in a small village. The local innkeeper was a very simple person who hardly knew how to read the prayers, let alone understand what they meant. He was, however, a very G‑d-fearing individual. On all matters and at all times he would quote the same phrase in the Holy Tongue, “Blessed be He; may He be blessed forever.” His wife too would always say in Yiddish, “Praised be His holy Name.”

That day, in accordance with the age-old custom of meditating in solitude for some time on one’s birthday, the Baal Shem Tov went off by himself to the fields. He recited chapters of Tehillim and engaged in unifying the Divine Names that emanate from its holy verses.

“As I was immersed in this,” the Baal Shem Tov related, “and unaware of my surroundings, I suddenly saw Elijah the Prophet. There was a smile on his lips. I was taken aback. For when I had been with the tzaddik R. Meir, and also when I had been in the company of the hidden tzaddikim, I had merited to see Elijah, but this was the first time that I had merited his appearance while all alone. I wondered about it. And besides, why was he smiling?

“Elijah said to me: ‘You are toiling so mightily to have the proper mystical intentions in bringing about the Supernal Unions of the Divine Names that emanate from the verses of Tehillim. And Aharon Shlomo the innkeeper and his wife Zlata Rivkah know nothing of the Unifications that result from his “Blessed be He; may He be blessed forever,” and from her “Praised be His holy Name.” Yet the Divine harmonies they create resonate in all the heavens more than all the Unifications of the Holy Name that are effected by the mystical intentions of the greatest tzaddikim.’

“Elijah described to me,” continued the Baal Shem Tov, “the great pleasure, as it were, that results in heaven from the words of praise and adoration uttered by men, women and children. Especially so, when they come from the mouths of simple folk. And most especially, when these praises are offered consistently, for then these people are constantly united with G‑d in pure faith and with an undivided heart.”

* * *

Having recounted this episode, the Rebbe Rashab added that it served as the basis for his additional interpretation of “breath untainted by sin” — that it applies not only to children but also to adults who act with pure faith and heartfelt simplicity, and who are thereby constantly united with G‑d, at all times and in all places.

* * *

The Rebbe stresses that this applies equally to adults only with respect to effecting Supernal Unions. With regard to maintaining the world’s existence, however, it is clear from the above-quoted teaching in Shabbat that this is accomplished only by the “breath of the mouths of schoolchildren,” for this breath possesses as well the first quality of “breath untainted by sin”: it proceeds from those for whom sin is a virtual impossibility.

With regard to the refinement of the world, this is accomplished by those adults to whom the second exposition of “breath untainted by sin” applies — that the breath itself is untainted. In a sense, indeed, their breath has an even greater effect than the “breath of the mouths of schoolchildren.” For as the Rebbe Rashab further explains, children do not relate to the corporeality of this world, but only to its atmosphere. Since adults have a relationship with the corporeality of this world as well, the Supernal Unions that they effect refine its very crassness and corporeality.

FOOTNOTES

1.P. 245b, quoted above.

2.P. 201b, quoted above.

3.Brackets are in the original text.

4.Note of the Rebbe: “Rather than ‘one’.”

5.Note of the Rebbe: “Rather than ‘appointed over the garments.”’

6.Note of the Rebbe: “The expressions ‘is found’ and ‘are housed’ both relate [these garments] specifically to the Second Chamber. There is, however, some difficulty here, for it would seem that an even stronger statement is made there — that the garment is actually fashioned in this Chamber through the performance of the mitzvot.”

7.Shabbat 119b; see also the Addendum below.

8.Shabbat 119b; see also the Addendum below.

9.Sefer HaSichot 5703, p. 163ff.

Kuntres Acharon, beginning of Essay 4

In the beginning, as the Midrash teaches,1 G‑d “created worlds and destroyed them.” The Kabbalah explains that this refers to spiritual worlds, Supernal Sefirot (“emanations”), that first existed in one state of being and then in another. The Sefirot in the former state of being — called the World of Tohu (lit., “Chaos”) — underwent a “breaking of the vessels.” The World of Tikkun (lit., “Order”) was then built.

The Sefirot comprise orot (“lights”) and kelim (“vessels”) that contain these lights. The crisis in the World of Tohu occurred because the orot were so intense that the kelim were incapable of containing them. As a result of this breakage, sparks of holiness descended within the kelipot. These sparks are to be found in the Worlds of Beriah, Yetzirah and Asiyah in general, but particularly within the physicality of our world. It is the task of the Jew to sift this materiality by using it properly, in order to extract and refine these sparks, thereby elevating them to their original source in the World of Tohu. This elevation in turn elicits a mighty downflow of Divine energy from Tohu, and from even higher than that level.

(Certain Divine Names, whose respective Kabbalistic meanings are signified by Hebrew letter-combinations, are related to this process of beirurim, the extraction and refinement of the sparks of holiness. Thus the Name known as Ba’n (ב״ן) is the source of the fallen holy sparks; the Name Ma’h (מ״ה) is the power that extracts and elevates them; while the Name Sa’g (ס״ג) is the original source of the World of Tohu. When the extraction and elevation of the sparks deriving from the Name Ba’n is accomplished through the Name Ma’h, a lofty degree of Divine illumination is drawn down from the Name Sa’g, and is vested within the “capacious vessels” of the World of Tikkun.)

This extraction is for the most part accomplished through the performance of action-oriented mitzvot involving physical objects which derive their life-force from kelipat nogah, and which house the sparks of Tohu. Performing a mitzvah with such objects disencumbers the hidden sparks of their corporeal husk and elevates them.

The seeking out of sparks, however, can also be accomplished through the study of Torah, as well as through prayer.

In the present essay the Alter Rebbe will explain the statement of Pri Etz Chayim that nowadays this “extraction” is mainly effected through prayer. For prayer is uniquely able to draw down an infinite degree of G‑dliness; prayer alone can bring about changes within the world, healing the sick and causing rain to fall. In order for such a degree of G‑dliness to be called down, there must first be an arousal initiated from below, an expression of man’s ardent desire to be the recipient of Divine benefactions. And if these benefactions are to flow from an infinitely high source, the plea that requests them must surge from a correspondingly deep source — “with all one’s might,” from the infinite depths of one’s soul.

להבין מה שכתוב בפרי עץ חיים, דבזמן הזה עיקר הבירור על ידי התפלה דוקא

To understand the statement in Pri Etz Chayim,2 that in the contemporary period the refinement [of the sparks of Tohu] is primarily effected by prayer,

As explained above, the task of sifting the materiality of this world and salvaging its hidden holy sparks is the ongoing mission of Jews living as souls within bodies in this physical world.

This is accomplished either (a) through the performance of the action-oriented mitzvot which entail the use of physical objects whose life-force derives from kelipat nogah; (b) through the audibly-articulated study of Torah subjects that deal with physical matters; (c) through prayer, a form of spiritual service through which the Divine soul influences and refines the animal soul (whose life-force derives from kelipat nogah) to the point that it can attain a love of G‑d.

As stated above, Pri Etz Chayim teaches that in these latter generations the extraction and elevation of sparks is effected primarily through prayer.

אף שתלמוד תורה למעלה מהתפלה

even though Torah study is superior to prayer:

Torah study is3 “equivalent to them all,” to all the mitzvot, and higher even than4 “concentration in prayer.” Why, then, is the extraction of the sparks of Tohu mainly accomplished in the present era through prayer?

הענין הוא, שעל ידי תורה ומצות מוסיפין אור באצילות כו׳

The explanation is, that through Torah and mitzvot additional light is drawn forth into Atzilut...

Divine light is drawn forth into the various worlds either in accordance with (a) Sod Shoresh (lit., “the principle of the root”), the degree of revelation originally apportioned, or in accordance with (b) Sod Tosefet (lit., “the principle of addition”), depending on the spiritual service of mortals. This additional measure of revelation is much greater than the base allocation.

Through Torah and mitzvot, as stated above, one draws down an additional measure of Divine illumination into the World of Atzilut.

פירוש: אור אין סוף ברוך הוא בכלים דאצילות, על ידי תלמוד תורה, בפנימית, דהיינו המשכות המוחין

This means that through Torah study the [infinite] Ein Sof-light [is drawn] into the inner aspect of the vessels of [the Sefirot of] Atzilut. This is a drawing down of the Divine Intellect.

Since Torah study involves mortal intellect, its heavenly echo calls forth a corresponding revelation of the Divine Intellect, which is the inward aspect of the Sefirot.

ובקיום המצות, בחיצונית הכלים, שהם בחינת נצח הוד יסוד שבי׳ ספירות ז״א שבאצילות

Through mitzvah observance [the light is drawn] into the external aspect of the vessels, meaning Netzach-Hod-Yesod of the Ten Sefirot of Za (the six emotive attributes) of Atzilut.

Za is a configuration (partzuf, lit., “countenance”) which comprises a full complement of Ten Sefirot. Into Netzach-Hod-Yesod, the lower Sefirot which are “outside of the torso”5 of Za and thus comprise its external aspect, the [infinite] Ein Sof-light is drawn down, by means of those mitzvot that are performed with man’s power of action. For this power is external to man’s essence, just as Netzach-Hod-Yesod are external to Za.

The infinite lights from Divine Intellect that are drawn down by Torah and mitzvot are thus invested primarily in Atzilut.6

רק שמתלבשים בבריאה יצירה עשיה, בתורה ומצות הגשמיים שבעולם הזה

They [later] only clothe themselves with diminished intensity in Beriah, Yetzirah and Asiyah, in the physical Torah and mitzvot in This World.

The Divine Intellect that is drawn down into Atzilut is ultimately vested within the Torah of this world, while the Divine light which is drawn into the externality of the vessels of Za of Atzilut is vested within the mitzvot of this world. The effect is thus strictly within the material aspect of the Torah and mitzvot of this world, but not within the materiality of the world itself.

אבל התפלה היא המשכת אור אין סוף ברוך הוא בבריאה יצירה עשיה דוקא, לא בדרך התלבשות בלבד

Prayer, however, calls forth the [infinite] Ein Sof-light into Beriah, Yetzirah and Asiyah directly, and not by means of mere enclothement, as is the case with the study of Torah, where the Divine light is garbed in an entity which in turn is drawn down into this world.

רק האור ממש, לשנות הנבראים מכמות שהם

Rather, it is the actual light which modifies the state of created beings,

שיתרפא החולה, וירד הגשם משמים לארץ ויולידה ויצמיחה

so that (for example) the ill will be cured through the petition of “Heal us” in the Shemoneh Esreh, and the rain from heaven will fall to the earth so that it becomes fertile and yields vegetation,7 in response to the prayer of the “Blessing of the Years.”

These are changes effected within the actual physical world.

מה שאין כן בתורה ומצות, שאין שינוי בקלף התפילין על ידי הנחתן בראש ובזרוע

This is not the case with Torah and mitzvot: no modification in the parchment [on which are inscribed the Biblical passages] of the tefillin results from their being placed upon head and arm, notwithstanding the drawing down of Divine light and the subordination of mind and heart to the Divine Will.

וגם במצות שעשייתן הוא גמר מצותן

Even in the case of those mitzvot that are fulfilled through making [the object],

Examples would be the writing of a Torah scroll or making a sukkah (according to the opinions that the actual construction of a sukkah is a mitzvah8). Unlike tefillin, where the mitzvah is performed by wearing them and not by making them, these mitzvot are performed by modifying the relevant object. Nevertheless:

השינוי הוא על ידי אדם, ולא בידי שמים כבתפלה

the change within the object is effected by man, and not by Heaven, as is the case with prayer,

When an individual succeeds in bringing about a change in this world through prayer, e.g., the sick person becomes well, this change is ultimately brought about from above, not by the individual’s prayer,

שהיא המשכת החיות מאין סוף ברוך הוא, שהוא לבדו כל יכול

for this calls forth the vivifying power from the Infinite One, blessed be He, Who alone is all-capable.

It is only G‑d who can effect a change such as this in our world, bringing about the cure or the productive rain.

והלכך, כדי להמשיך אור אין סוף ברוך הוא למטה, אי אפשר בלי העלאת מין נוקבין מלמטה דוקא

Therefore, calling forth the [infinite] Ein Sof-light into the lower world is impossible without the [prior] “elevation of mayin nukvin” specifically from below, whereby the mortal recipient initiates an anticipatory “arousal from below” through his spiritual service during prayer.

As the Alter Rebbe will soon explain, since this entails an infinite degree of service on the part of man it is able to draw down an infinite response from above, reciprocating each individual’s particular “arousal from below.”

מה שאין כן לתלמוד תורה, שבאצילות, המיוחדת בלאו הכי במאציל ברוך הוא

This is not the case with the study of Torah, which [affects] Atzilut, for [the Torah] is united in any case with the Emanator.

Since Torah study thus does not need to be drawn down below, there is no need for an “arousal from below.”

As the Rebbe notes, “The Alter Rebbe now goes on to explain how this may be considered mayin nukvin, and what is its connection to the infinite light.”

והעלאת מין נוקבין במוחו ולבו של אדם, היא בחינת רשפי אש בלי גבול

The “elevation of mayin nukvin” in the mind and heart of man is [the love of G‑d] in a state of boundless flames of fire, and being boundless it relates to the infinite light;

ונקרא מאדך

it is described as meodecha — loving G‑d “with all your might,”9 with each individual’s capacity for infinitude,

Though man is inherently limited, and though, moreover, all of one man’s might may be considered less than ultimate in another man, nevertheless, even this limited degree of “limitlessness” suffices:

כדי לעורר בחינת אין סוף

to arouse the [Divine] state of infinity.

For the “arousal from below” need but resemble the response from above that it seeks to elicit. If an “arousal from below” may truly be considered “infinite” relative to the particular individual’s capacities, it suffices to draw down the infinite light from above.

והיינו על ידי גבורות דס״ג, שהן הן הרפ״ח ניצוצין כו׳

This is effected through the Gevurot (the attributes of severity) of [the Divine Name] Sa’g, which constitute the 288 sparks....

The love and longing (ratzo) which a man experiences during prayer to the extent of meodecha (“with all your might”) are aroused by the Gevurot of Sa’g, the Divine Name that is the source of the 288 sparks of Tohu. These sparks derive from the vessels of Tohu, whose Sefirot were originally in a state of infinite longing to become wholly one with G‑d. This longing parallels the soul’s love and longing for G‑d to the point of meodecha.

ולכן נקראת התפלה חיי שעה, היא מלכות היורדת בבריאה יצירה עשיה

For this reason worship is called10 “life of the moment,” for it is Malchut descending into Beriah, Yetzirah and Asiyah.

As Rashi explains on the straightforward level of pshat, the Talmud calls prayer “life of the moment” (lit., “life of the hour”) because people pray for health, peace and a livelihood — temporal things that are subject to the limitations of the passing moment.

Here the Alter Rebbe speaks of how these matters exist in their source, in the Supernal Sefirot. In the worlds above, the Sefirah of Malchut is the source of time. For it is the Sefirah of Malchut (“sovereignty”) that reflects the relationship of the Infinite One to time — “He reigns, He reigned, He will reign,” in the present, past and future.

This relationship is particularly evident as Malchut descends to animate the Worlds of Beriah, Yetzirah and Asiyah, for these worlds all exist in the category of time.

And because prayer draws down Divine energy into Beriah, Yetzirah and Asiyah through their source, the time-related Sefirah of Malchut, prayer is called “life of the moment.”

ותורה חיי עולם, הוא ז״א

Torah [by contrast is called]11 “eternal life,” which (in terms of the Sefirot) is Za,12

כי רמ״ח פקודין הן מתחלקין בי׳ כלים דעשר ספירות דז״א כו׳

for the 248 commandments of the Torah divide into the ten vessels of the Ten Sefirot of Za....

For Za comprises Sefirot within the World of Atzilut, and as stated in Torah Or, at the end of Parshat Terumah, Za marks the conclusion of the infinite worlds, utterly transcending the Worlds of Beriah, Yetzirah and Asiyah.

* * *

FOOTNOTES

1.Bereishit Rabbah 3:9.

2.Note of the Rebbe: “Examine there, Shaar 1, ch. 7.”

3.Peah 1:1.

4.Peah 1:1.

5.From the Introduction to Tikkunei Zohar which begins, Patach Eliyahu.

6.Cf. Yeshayahu 55:10.

7.Cf. Yeshayahu 55:10.

8.The Alter Rebbe’s Shulchan Aruch, beginning of sec. 641, and sources cited there.

9.Devarim 6:5.

10.Shabbat 10a.

11.Shabbat 10a.

12.Note of the Rebbe: “As above: through Torah and mitzvot one draws down the Divine Intellect (mochin) and so on, within the Ten Sefirot of Za.”

~~~~~~~

Rambam ~ Daily Mitzvah

P245 & P245

Positive Commandment 245 (Digest)
Transactions

"And if you sell something to your neighbor..."—Leviticus 25:14.

We are commanded regarding the various methods that effect transactions, i.e., the ways to transfer property from one individual to another (or, in the case of a guardian of an object, the transfer of jurisdiction).

The 245th mitzvah is that we are commanded regarding the laws of buying and selling, i.e. the ways in which purchases and sales between the buyers and the sellers become legally binding.

The Torah taught about one method in G‑d's statement1 (exalted be He), "When you sell something to your neighbor, [or buy something from your neighbor's hand...]" Our Sages said,2 "[The word 'hand' teaches that the sale] refers to something which can pass from one hand to another," i.e. meshichah [physically moving the object].

It is explained that in Biblical law, transfer of money is sufficient to complete the transaction, and meshichah is necessary only by Rabbinic decree, as is mesirah [giving the vehicle of control, e.g. the reins of a horse, to the buyer] and hagba'ah [lifting the object].

The Gemara3 explicitly says, "Just as our Sages enacted a requirement of meshichah in order for a sale to be valid, so too they required meshichah in order for a watchman relationship to become valid." It is therefore clear that the requirement of meshichah in buying and selling is of Rabbinic origin, as explained in the relevant place.

However, other methods of acquiring land, etc., i.e. by means of a document or chazakah4 are traced5 to Biblical verses [and are therefore of Biblical, not Rabbinic, origin].

The details of this mitzvah — i.e. the manners of finalizing a sale in each category — are explained in the 1st chapter of tractate Kiddushin, the 4th and 8th chapters of Bava Metzia, and the 3rd, 4th, 5th, 6th, and 7th chapters of Bava Basra.

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.Lev. 25:14.

2.Bava Metzia 47b.

3.Ibid., 99a.

4.Such as building something on the land.

5.See Kiddushin 26a.

Important Message Regarding This Lesson

The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.

Positive Commandment 245 (Digest)
Transactions

"And if you sell something to your neighbor..."—Leviticus 25:14.

We are commanded regarding the various methods that effect transactions, i.e., the ways to transfer property from one individual to another (or, in the case of a guardian of an object, the transfer of jurisdiction).

The 245th mitzvah is that we are commanded regarding the laws of buying and selling, i.e. the ways in which purchases and sales between the buyers and the sellers become legally binding.

The Torah taught about one method in G‑d's statement1 (exalted be He), "When you sell something to your neighbor, [or buy something from your neighbor's hand...]" Our Sages said,2 "[The word 'hand' teaches that the sale] refers to something which can pass from one hand to another," i.e. meshichah [physically moving the object].

It is explained that in Biblical law, transfer of money is sufficient to complete the transaction, and meshichah is necessary only by Rabbinic decree, as is mesirah [giving the vehicle of control, e.g. the reins of a horse, to the buyer] and hagba'ah [lifting the object].

The Gemara3 explicitly says, "Just as our Sages enacted a requirement of meshichah in order for a sale to be valid, so too they required meshichah in order for a watchman relationship to become valid." It is therefore clear that the requirement of meshichah in buying and selling is of Rabbinic origin, as explained in the relevant place.

However, other methods of acquiring land, etc., i.e. by means of a document or chazakah4 are traced5 to Biblical verses [and are therefore of Biblical, not Rabbinic, origin].

The details of this mitzvah — i.e. the manners of finalizing a sale in each category — are explained in the 1st chapter of tractate Kiddushin, the 4th and 8th chapters of Bava Metzia, and the 3rd, 4th, 5th, 6th, and 7th chapters of Bava Basra.

FOOTNOTES

1.Lev. 25:14.

2.Bava Metzia 47b.

3.Ibid., 99a.

4.Such as building something on the land.

5.See Kiddushin 26a.

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• Rambam ~ 1 Chapter a day: Parah Adummah Chapter 7 & Parah Adummah Chapter 8

Chapter 7

Halacha 1

The performance of work disqualifies water that was drawn for the ashes of the red heifer before it is sanctified, but it does not disqualify the sprinkling of the ashes. These rulings are stated in the Oral Tradition.

What is implied? If one draws water for sanctification with the ashes and was involved with another activity while drawing it, carrying the water that was drawn, or pouring it from one container to another, he disqualifies it.

The performance of an activity disqualifies the water until the ashes are placed on it. If one placed the ashes on the water and sanctified it, causing it to be fit for sprinkling, the performance of another activity does not disqualify it. If one carries sanctified water from place to place or pours it from one container to another while being occupied with another activity, it is of no consequence. This also applies if one sprinkles it with one hand and performs an activity with the other hand.

Halacha 2

The payment of a wage disqualifies the sanctification of the water and the sprinkling of it, but it does not disqualify the drawing of it.

What is implied? When one takes a wage for sanctifying the water for the ashes of the red heifer or sprinkling it, the water is considered as the water of a cavern and the ashes, as ashes from a range, which are of no halachic significance. One may, however, take a wage for drawing the water or transporting it. One should sanctify it without charge and the one who sprinkles it, should sprinkle it without charge.

If the one sanctifying or sprinkling the water was old and unable to walk and an impure person came and asked him to go with him to a distant place to sanctify such water or sprinkle it, he may have him ride on a donkey and pay him a wage as befits an unemployed worker who had previously worked at that profession. Similarly, if he was a priest and because he would accompany him, he would contract an impurity that prevents him from partaking of terumah, he should feed him, give him beverages, and oil to anoint himself during the time he travels with him to sanctify or sprinkle the water. If he causes him to cease working, he should pay him a wage as befits an unemployed worker who had previously worked at that profession.

The rationale is that all of these considerations are not wages he is being paid for sanctifying or sprinkling the water, for he did not profit at all. He only took compensation for what he lost.

Halacha 3

When a person draws water with one hand and performs work with his other hand, the water is unacceptable. Similarly, if he drew water for himself and for another person or he drew water for two people at the same time, both are unacceptable. For drawing water is considered as work. Thus during each of the drawings of water, it is as if he performed another task at that time. And we have already stated that the performance of an activity disqualifies the drawing of water, whether one draws for himself or for others.

Halacha 4

When a person draws water for the ashes of the red heifer for others - even if he filled one thousand barrels one after the other for one thousand different people - they are all acceptable. Each person should take his water and sanctify it.

The following rules apply if one drew water for himself, one barrel after another. If he intended to collect all the water in one container, cast the ashes upon it, and sanctify all at once, it is all acceptable, for it is all considered as one drawing of water. If, however, he intended to sanctify every barrel individually, they are all unacceptable except for the last one. The rationale is that the first becomes disqualified due to the work - i.e., the drawing of the second barrel - that was performed before it was sanctified. Similarly, the second is disqualified by the drawing of the third. Thus it is only the last which is acceptable.

Halacha 5

When five people fill five barrels with spring water to sanctify them for five different sanctifications, e.g., they intended to cast the ashes on each one individually and then changed their minds and decided to mix them all together and sanctify them at once; alternatively, they filled the barrels to sanctify them all in one container and then changed their minds and decided to sanctify each of the five independently, they are all acceptable, because the person drawing the water did not become involved in drawing other water afterwards. When, by contrast, an individual fills five barrels to sanctify each of the five independently, only the last one is acceptable,

If he filled the barrels to sanctify all the water in one container and he changed his mind and sanctified each of the five individually, only the one that he sanctified first is acceptable. Similarly, if a person told a colleague: "Sanctify these for yourself," only the bucket that is sanctified first is acceptable. If, however, he told him: "Sanctify these for me," they are all acceptable, because they were all filled to be sanctified in one container. Even though he changed his mind and decided to sanctify each of the five individually, he himself did not perform the sanctification, someone else did.

Halacha 6

When a person seeks to draw water to sanctify it and other water for his own purposes, he should draw the water he desires for his own purposes first and tie the barrels and load them behind him. Afterwards, he fills the buckets he intended to use for the water for the ashes of the red heifer so that he will not be involved in any work after drawing it. He places it in front of him, and proceeds.

Halacha 7

The following laws apply when two people were drawing water individually and one helped the other lift his water to load it on his back or one removed a thorn from the other's hand or body when he was drawing the water. If they both drew the water to sanctify it in a single container, all of the water is acceptable. If each of them drew the water to sanctify it independently, the one who helped his colleague lift his water or removed the thorn, disqualified his own water.

Halacha 8

When a person borrows a rope to draw water for the ashes of the red heifer, draws the water, takes the rope in his hand, and the water on his shoulders, and meets the owner of the rope while he is on his way, the water remains acceptable even though he give him the rope while he is walking. If he went out of his way to bring the rope to its owner, he disqualified the water.

Halacha 9

If someone who was drawing water for the ashes of the red heifer cast the rope he used to draw the water on the ground and after he drew the water gathered the rope in his hand, he disqualified the water. If, while drawing the water, he gathered the rope, winding it around his hand, the water is acceptable.

Halacha 10

When one was drawing water with a small jug and pouring the water into a larger barrel and he put aside the larger barrel so that it would not break while he was drawing the water or he turned it upside down to dry it so he could fill it, the water is acceptable, for these activities were performed for the sake of drawing the water. If, however, before sanctifying the water he had drawn, he set the barrel aside or dried it to transport the water he would sanctify, he disqualified the water, because he performed a task that was not for the purpose of drawing the water. Similar laws apply when one who was drawing water and pouring the water into a trough within a stone removed shards from the trough while filling it. If his intent was so that the trough would hold more water, the water is acceptable, for this is considered as for the purpose of drawing water. If his intent is that the shards should prevent the water from flowing out when he seeks to draw off the water with which he filled the trough, the water is unacceptable.

Halacha 11

The following rules apply when a person thinks of filling a bucket of water to drink and changes his mind and decides to use the water for the ashes of the red heifer]. If he changed his mind before the bucket reached the water, he must pour the water out, but he does not have to dry out the bucket. If he changed his mind after the bucket reached the water, he must pour it out and he must dry it. Only afterwards, may he fill it with water for the ashes of the red heifer.

If he lowered the bucket towards the water with the intent of using the water to drink and the rope broke away from his hand, if he changed his mind before the bucket reached the water, he must pour the water out, but he does not have to dry out the bucket. If he changed his mind while the bucket was still in the water and intended to use the water for the ashes of the red heifer, he must pour it out, but does not have to dry the bucket.

When a person drew water to use for the ashes of the red heifer and, after drawing it, thought to drink it, the water is disqualified from the time he inclined the container to drink from it, even though he did not drink from it at all.

Chapter 8

Halacha 1

When a person was carrying water for the ashes of the red heifer on his shoulders and he stood and delivered a halachic ruling for others, rendered a judgment, a woman performed chalitzah in his presence, a girl performed mi'un in his presence, he gave directions to others, killed a snake or scorpion that did not present a threat to him, or took food from the market to set aside, the water is disqualified. The rationale is that he occupied himself with another activity before placing the ashes on the water.

If, however, he took food in order to eat and ate while he was proceeding on his way or killed a snake or scorpion that was preventing his progress, the water is acceptable, for these activities are necessary to carry the water. This is the general principle: Any activity that is considered as work which was performed before placing the ashes on the water, whether he stood still or not, disqualifies the water. When he performs an activity that is not considered as work, if he does not stand still, the water is acceptable. If he stands still, it is disqualified.

If he was walking while carrying such water and, while he was walking, he made an opening to walk through, the water he is carrying is acceptable, even though he made the opening with the intent of closing it afterwards. If he closes it before placing the ashes on the water, the water is disqualified. Similarly, if he dries fruit to eat, even if later he intends to dry the remainder, the water is acceptable. If he dries the remaining fruit before placing the ashes on the water, it is disqualified.

Halacha 2

The following laws apply if one was eating while carrying such water; he left over some food and cast the leftovers under a fig tree or under a net used to dry figs. If his intent was to prevent the food from perishing, the water is disqualified, because he performed work. If he cast it away because he no longer needs it, the water is acceptable.

When a person drew water to sanctify it and entrusted it to a watchman to oversee, the water is not disqualified if the owner performed work, because he entrusted it to a watchman. If the watchman performs work, he disqualifies it, because the water is in his domain and he takes the place of the owner.

If two people are watching such water and one performs work, the water is acceptable, because the other is watching. If the first returned to his watch and the second stood up and performed work, the water is acceptable. The water's status is maintained unless all of the watchmen perform work at the same time.

Halacha 3

The following rules apply when a person sanctifies water with one hand and performs work with another. If he sanctifies the water for himself, he disqualifies it, because he performed work before casting the ashes on the water. If he sanctified water for his colleague, the water is acceptable, because a person does not disqualify a colleague's water with the performance of such work. For the performance of work does not disqualify the act of sanctification; it disqualifies only the water, and that, only when the one performing the work is a watchman or the owner.

Halacha 4

When a person sanctifies water for himself and a colleague at the same time, his water is disqualified because of the activity he performed in sanctifying his colleague's water. If, however, he sanctifies water belonging to two other people at the same time, they are both acceptable, because the performance of work does not disqualify water belonging to others.

Halacha 5

When a person fills two buckets with his two hands for himself and sanctifies them at once, they are disqualified. If he sanctifies them individually, they are acceptable. If he sanctifies water for himself with both hands at the same time in one sanctification, it is acceptable. If he sanctified two buckets at the same time, they are both disqualified. If, with his two hands, he filled one bucket of water and sanctified another existing bucket for himself, they are both disqualified.

If he filled two buckets with his two hands for another person at the same time, when they are sanctified at once, they are both acceptable. If they were sanctified individually, they are disqualified. If he sanctifies water for another person with both hands at the same time as one sanctification it is acceptable. If, with his two hands, he filled one bucket of water and sanctified another existing bucket for another person, the bucket he filled is disqualified, but the bucket he sanctified is acceptable.

This is the general principle: Whenever work was performed when water was drawn, whether one drew the water for himself or for another person, it is disqualified, Whenever water was drawn according to law and then one performed work before placing the ashes upon it, if the water belonged to him, it is disqualified. If it belongs to someone else, it is acceptable.

In any situation when the water is in his hand and he performs work, whether there is a watchman who does not perform work or whether there is no watchman, the water is disqualified. When the water is not in his hand and he performed work, if there is a watchman, it is not disqualified. If there is no watchman, it is disqualified.

Halacha 6

When a person tells a colleague: "Sanctify water for me and I will sanctify water for you," and they sanctified water for each other, the first is acceptable and the second is disqualified, because he received a wage for sanctifying.

If one tells the other: "Draw water for me and I will draw water for you," and they drew water for each other, the first is unacceptable. The rationale is that since his intent was that his colleague should draw water for him in exchange, it is considered as if he drew water for himself and another person at the same time, in which instance, the water is disqualified. The second bucket is acceptable, because it is permitted to receive payment for drawing water and he did not perform work after drawing the water, nor did have an intent regarding another drawing of water.

Halacha 7

When a person tells a friend: "Sanctify water for me and I will draw water for you," they are both acceptable. The rationale is that work does not disqualify sanctification and it permitted to receive a wage for drawing water.

If one tells the other: "Draw water for me and I will sanctify water for you," they are both disqualified. The water drawn originally is disqualified, because it is considered as if he drew water and sanctified it at the same time and thus caused the water he drew to be disqualified because of the performance of work. And the water sanctified afterwards is disqualified, because it is as if he sanctified water for a wage, because it is as if he was repaying a debt for which he was liable.

Halacha 8

When a person goes to sanctify water for the ashes of the red heifer, he may take the key to the closet where the ashes are kept and open it to take out the ashes. If it is necessary to dig out the ashes, he may take a hatchet. He may take a ladder and carry it from place to place to bring the ashes. In all these circumstances, the water and the ashes remain acceptable. If after taking the ashes for the sanctification, he covered the container in which the ashes were held, locked the door of the closet, or stood the container where the ashes were held upright on the ground before casting the ashes on the water, the water is disqualified, but the ashes are acceptable to sanctify other water.

If, by contrast, he stood the container in which the ashes were held upright in his hand so that the remaining ashes would not be scattered, it is acceptable, because it is impossible to do otherwise. If he places it down on the ground, the water is disqualified and if he covers it, the water is disqualified.

If he took ashes and saw that the amount was excessive and returned some, it is acceptable. If he cast the ashes on the water and then returned some, the water is acceptable. If he cast the ashes on the water and saw that the amount was excessive and took some to sanctify other water, it is acceptable.

If he trimmed an olive leaf to use to cast the ashes, the ruling depends on his intent. If his intent was so that the leaf would not hold much ashes, the water is disqualified. If his intent was to direct the flow of the ashes so that they would enter the container holding the water, the water is acceptable.

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• Rambam ~ 3 Chapters: Zechiyah uMattanah Chapter One, Zechiyah uMattanah Chapter Two, Zechiyah uMattanah Chapter Three & Zechiyah uMattanah Chapter Four, Zechiyah uMattanah Chapter Five, Zechiyah uMattanah Chapter Six

Chapter One

HILCHOT ZECHIYAH UMATANAH

The Laws of Acquisition and Gifts

The purpose of these laws is to determine how a person acquires an ownerless article and the processes that he employs. They also explain the rules governing one who gives a gift and one who receives, and which gift is retracted and which is not.

All these laws are explained in the chapters that follow.

Halacha 1

Whoever takes hold of ownerless property acquires it. Any objects found naturally in deserts, rivers and streams - e.g., grass, trees, wild fruit and the like - are ownerless. Whoever first takes hold of such an object acquires it.

Halacha 2

When a person catches fish in a sea or in a river, and similarly, when he catches fowl, or various wild beasts, since they are ownerless, he acquires them. He may not, however, hunt in a field belonging to a colleague. Nevertheless, if he snares an animal there, he acquires it.

If fish - or wild beasts or fowl - are in vivariums belonging to another person, they belong to the owner of the vivarium. A person who snares an animal there is considered to be a robber. This applies even if the vivarium is large and effort is required to snare the animal.

Halacha 3

However, when a person takes a fish from the net of a colleague at sea, or takes a beast from a snare of a colleague set in the desert, this is prohibited by virtue of Rabbinic decree. If the snare could be considered to be a container, and the person took the fish or the animal from the container, he is considered to be a robber.

Halacha 4

When a person spreads out a snare in a field belonging to a colleague, and traps a beast or a fowl, he acquires it, even though he does not have permission to do this. If the owner of the field was standing in the field at the time the animal was trapped, and said: "My field acquires this on my behalf," the owner of the field acquires it, and the owner of the snare does not acquire anything.

Halacha 5

When fish jump into a boat, they become acquired by the owner of the boat, for the boat is considered to be a protected courtyard. It is not considered to be a moving courtyard, because the boat does not move on its own. It is the water that moves it.

Halacha 6

When a convert dies without having fathered a Jew after his conversion, he has no heirs. Instead, the first person who takes hold of his property acquires it. A neighbor does not have the right to buy the property from the person who took hold of it, because this is considered to be a gift.

Halacha 7

The following laws apply when there are two fields in an estate that belong to a convert, with one boundary marker between them. If a person manifests ownership over one of the fields with the intent of acquiring it, he acquires it. If he manifests ownership over it with the intent of acquiring both it and the other field, he acquires the field over which he manifested ownership, but he does not acquire the other field.

If he manifests ownership over one field with the intent of acquiring only the other field, he does not acquire either of them. He does not acquire the field over which he did not manifest ownership because he did not manifest ownership over it. He does not acquire the field over which he did manifest ownership because he did not manifest ownership with the intent of acquiring it.

If he manifests ownership over one field with the intent of acquiring it, the other field and the boundary marker between them, or if he manifests ownership over the boundary marker with the intent of acquiring both fields, there is an unresolved doubt with regard to the matter. If another person comes and manifests ownership over one of the fields itself with the intent of acquiring it, the latter person becomes the legal owner.

Halacha 8

Similarly, when two houses are located one within the other, if a person manifests ownership over one of the houses with the intent of acquiring both it and the other house, he acquires only the house over which he manifested ownership. If he manifests ownership over one house with the intent of acquiring only the other one, he does not acquire even the house over which he did manifest ownership.

Halacha 9

When a person takes hold over a deed of sale within the estate of a convert with the intent of acquiring the land mentioned in that deed, he acquires only the document itself. He may use it to wrap around the top of a bottle or the like.

Halacha 10

When the boundaries of a field belonging to a deceased convert are clearly marked, when a person plunges a spade into the field in one place, he acquires the entire field. If the boundaries of the field are not clearly marked, by plunging the spade into that one place, he acquires only a portion over which a team of oxen will pass when plowing, before the team returns.

A boundary marker and a chatzav used to designate boundaries serve as cut-off points with regard to the estate of a convert. Whoever manifests ownership over the field acquires only up to the boundary marker or the chatzav.

11. Whatever is considered significant to create a separation with regard to the distribution of pe'ah is also considered significant to create a separation with regard to the acquisition of the property of a deceased convert.

What is implied? If there was a stream, an irrigation ditch or the like, the person seeking to acquire the field acquires only up to the stream or up to the irrigation ditch.

Whatever creates a distinction with regard to the domains of the Sabbath, creates a distinction with regard to the acquisition of the property of a deceased convert - for example, a situation where a private domain or a carmelit is interposed between two fields. Indeed, a distinction is created, even if the two fields were separated by a domain that is considered a distinction with regard to the transfer of a bill of divorce.

Halacha 12

Whenever a distinction is created with regard to the laws of ritual impurity, it also applies with regard to the acquisition of the property of a deceased convert.

What is implied? A person enters a valley. There is an object that conveys ritual impurity on one side of the valley, and the person does not know whether or not he has reached the place that is ritually impure. Wherever the person would be considered to be ritually impure is considered to be a separate entity from the field as a whole.

Halacha 13

The following law applies when there is a large valley containing many fields, all belonging to one convert, and there is no boundary marker, chatzav or any other entity that creates a distinction between them. If one person comes and manifests ownership over a portion of the valley with the intent of acquiring the entire valley, he acquires all the land that is known to be owned by that convert.

Halacha 14

When a gentile sells movable property to a Jew or buys movable property, he acquires and transfers the property through meshichah or through the transfer of funds.

Different rules apply with regard to landed property. A gentile does not acquire landed property from a Jew without a deed of sale, nor does he transfer property without a deed of sale. For he will not rely on anything but a deed of sale.

For this reason, if a Jew purchased a field from a gentile and paid the money for it, but before he could manifest his ownership over it, another Jew came and manifested ownership over it in a manner similar to that described above with regard to the acquisition of the property of a deceased convert, the latter person acquires the land. He must, however, repay the money to the purchaser.

The rationale for the decision is that the gentile abrogates his ownership over the property at the time he receives the money. And yet, the Jew [purchasing the land does not acquire it until the deed of sale reaches his hand. In the interim, the property is like property in the desert concerning which the rule is: Whoever manifests ownership over it acquires it.

Halacha 15

When does the above apply? When there are no known laws enforced by the governing sovereign. If, however, the law of the governing sovereign and his judgment is that only a person whose name is mentioned in the deed of sale - who paid money for the property or the like - can acquire the land, we follow the law of the governing sovereign. For we rule according to all the financial laws of the governing sovereign.

Chapter Two

Halacha 1

The property of a deceased convert who has no heirs, property that is ownerless, and a field that a gentile sold to a Jew who has not taken hold of it are all governed by the same laws. Whoever manifests ownership over them using a valid chazakah - to be described in Hilchot Mechirah - acquires them, with one exception: eating produce.

Halacha 2

What is implied? When a person buys landed property from a colleague and manifests his ownership over it by eating produce, he acquires it, as we have explained. But with regard to the acquisition of ownerless property or property of a deceased convert, even if a person eats produce of a tree for several years, he does not acquire the tree itself or the land itself until he performs a deed involving the land itself or performs a task involving the tree.

An incident occurred when a woman ate the produce of a date palm for thirteen years, and then another person manifested ownership over the tree by performing a task involving the tree itself. The incident was brought before the Sages and they ruled that the latter person acquired it.

Halacha 3

There are many acts that if performed by a purchaser to prove ownership of property are not effective , but when performed to manifest ownership over ownerless property, property belonging to a deceased convert or the like, are effective in acquiring it.

What is implied? When a person finds large palaces constructed on property belonging to a deceased convert or on ownerless property, if he paints them slightly or plasters them slightly - e.g., for a cubit or more opposite the entrance - he acquires them.

Halacha 4

When a person makes a design in the property of a deceased convert, he acquires it. If he sets out mattresses in the property of a deceased convert, he acquires it. If he plows a field with the intent of leaving it fallow in the property of a deceased convert, he acquires it.

When a person cuts branches of a vine or of a tree, or fronds from a date palm in the property of a deceased convert, if his intent is to improve the tree, he acquires the property. If his intent is to feed the branches to his animal, he does not acquire the property.

Halacha 5

What is implied? If the person prunes the branches of the tree from both sides, we can assume that he intends to improve the tree. If he cuts from only one side, it appears that his intent is only for the branches.

Similarly, when a person collects wood, grass and stones from a field, if his intent is to improve the land, he acquires the field. If his intent is to collect the wood, he does not acquire the field.

Halacha 6

What is implied? If the person collected both large and small branches, we can assume that his intent was to improve the land. If, by contrast, he collected only large branches and not small ones, we can assume that his intent was to collect wood.

Similarly, when a person levels the surface of the land, if his intent is to improve the land, he acquires the field. If his intent is to level a place to use as a grain heap, he does not acquire the field.

Halacha 7

What is implied? If the person takes earth from a high place and brings it to a lower place, it appears that his intent is to improve the land. If we see that he is not concerned with this and instead throws earth and stones anywhere without concern, we can assume that his intent is merely to level one limited area to use as a grain heap.

Similarly, when a person opens a flow of water into a field, if his intent is to improve the land, he acquires the field. If his intent is to catch fish, he does not acquire the field.

Halacha 8

What is implied? If the person made only a place for water to enter, it appears that his intent is to improve the land. If he made two openings -one for the water to enter and one for the water to leave - it appears that his intent is to catch fish.

Halacha 9

When a person builds large palaces on property belonging to a deceased convert, and another person comes and sets up the doors, the second person acquires the property.

The rationale is that the first person did not do anything with the land itself, is It is as if he piled up stones on the land, an act that does not bring about his acquisition of the property.

Nor is his acquisition effective because by constructing the building he made a fence around the land since this fence is not useful, because the entrance to the building is wide enough and one can pass through it. Setting up the structure of this building is not at all useful until one sets up the doors.

Halacha 10

When a person spreads seeds in rows in a field, he does not acquire the field. The rationale is that at the time he sowed the seeds, he did not improve the field at all. And at the time the produce grew, the benefit came as a result of a natural course of events. This is not sufficient for an acquisition to be made.

Halacha 11

If a partition existed within the property of a deceased convert, and another person came and built another partition on top of the existing one, he does not acquire the field. This applies even when the first partition sinks into the ground, and the higher partition is still functional. The rationale is that at the time the partition was built, it was not beneficial. And when it became beneficial, the benefit came as a result of a natural course of events.

Halacha 12

When a person manifests ownership over property belonging to a deceased convert or ownerless property, without the intent of acquiring it, he does not acquire it despite the fact that he built or erected a fence.

Halacha 13

When a person plows on property belonging to a deceased convert under the mistaken conception that it is his own property, he does not acquire it.

If he plows on property belonging to one deceased convert, while he thinks that it belongs to another, he does acquire it. For he intended that his deeds acquire ownerless property.

Halacha 14

If a convert was holding security belonging to a Jew, and when the convert died another Jew came and took possession of this security, it should be expropriated from him and returned to its owner. The rationale is that when the convert died, his lien on the article was nullified.

Halacha 15

When a Jew was holding security belonging to a convert, the convert dies, and another Jew takes hold of the security, the creditor should receive payment for the money owed him from the security. If it is worth more, the second person acquires the remainder.

Halacha 16

When does the above apply? When the security was not kept in a courtyard belonging to the first person. If it was kept in such a courtyard, his courtyard acquires it on his behalf, even without his knowledge, as we have explained with regard to an article that is discovered, and the person who takes hold of it afterwards does not acquire anything.

Halacha 17

The following rules apply when a convert dies and Jews take possession of his property. If the estate contains Canaanite servants above the age of majority, they acquire their freedom. Servants below the age of majority, by contrast, are regarded as are livestock. Whoever manifests ownership over them acquires them. We have already explained the manner in which a person manifests ownership over servants and acquires them.

Halacha 18

The following rules apply when it is rumored that a convert died and Jews take possession of his property, and then it is discovered that he did not die, that he has a child or that his wife is pregnant. They must all return the property.

If they all returned the property and then discovered that the first rumor had in fact been true and the convert had died at that time, that his son died before him, or that his wife miscarried, whoever takes possession at this time acquires the property. Those who originally took possession do not acquire it.

Chapter Three

Halacha 1

When a person gives a gift to a colleague, the recipient does not acquire it until he takes possession through one of the legal processes by which a purchaser takes possession of a purchase.

If the giver desires to give him movable property, the recipient must lift up the article, perform meshichah on an article that one would not ordinarily lift up, or acquire that article through one of the other means through which movable property is acquired.

If he is giving him landed property or servants, the recipient does not acquire them until he manifests ownership over them as a purchaser would, or until a legal document recording the gift reaches his hand.

A verbal statement is not sufficient. The recipient does not acquire the gift, and either one of them still has the option of retracting.

Halacha 2

When, by contrast, a creditor forgoes a debt to a colleague or gives him an object that previously had been entrusted to the recipient for safekeeping, such a gift is made final by a verbal statement alone. Nothing further is necessary, as we have explained.

Halacha 3

Similarly, if a person tells a colleague: "You owe me a maneh. Give it to this person," the intended recipient acquires it. Neither has the option of retracting. This applies whether he gave the recipient the maneh in payment for a debt he owed him, or whether he gave it to him as a gift. And it applies whether the maneh had been given to the person to whom the giver charged with making the gift as a loan or it had been entrusted to him for safekeeping, as we have explained.

Halacha 4

Just as with regard to buying and selling, witnesses are necessary only to reveal the truth of the situation when there are claims and denials, so too, with regard to the waiver of obligations and gifts, witnesses are necessary only because of liars.

Halacha 5

Just as a seller must define the property that he sells, as we have explained, so too, a person who gives a gift must define what he is giving.

What is implied? If a person writes a deed to a colleague which states: "Land from my property is given to you," or he writes: "All of my property is acquired by you with some exceptions," since he did not identify the property he was giving, and the recipient did not know what he was receiving, the recipient does not acquire anything. The recipient may not demand of the giver: "Give me the least valuable of your properties." Instead, he acquires nothing unless the giver defines the place that he is giving him.

Different rules apply, however, if the giver tells the recipient: "I am giving you a portion worth such and such in this and this field." Since he defined the field, even though he did not define the portion of the field, the recipient may collect a portion of that value from the least valuable portion of the field.

Halacha 6

The following rules apply whenever a person gives a gift within the context of a conditional agreement. Whether the condition was stipulated by the giver or by the recipient, should the recipient take possession of and acquire the gift, the gift becomes binding when the condition is fulfilled. If the condition is not fulfilled, the gift is nullified and the recipient must return the benefit that he derived. This applies provided that the condition was stated in the proper manner.

Halacha 7

We have already explained that with regard to all conditional agreements concerning gifts, purchases and sales, it is necessary that the condition be restated, that the positive dimension of the condition be stated before the negative, that the condition precede the deed, and that the condition is one that is possible to fulfill. If any one of these factors is lacking, the condition is nullified, and it is as if it had never been stated.

Halacha 8

Whenever a person uses the expression: "conditional on the following," it is as if he said that the transaction will take effect retroactive to the present time"; he does not have to restate the condition. Some of the geonim have ruled in this manner. And this is also my opinion.

My teachers ruled that there is no need to restate the condition or state the positive dimension of the condition first, except in cases of divorce and consecration. There is no proof to substantiate this approach.

Halacha 9

Whenever a person gives a gift on the condition that it be returned, the gift is valid. The gift is valid whether the condition was made to return the article immediately, that it be returned after a specific time passes, that it remain as a gift for the entire lifetime of either the giver or the recipient, or that it remain as a gift for the entire lifetime of another person.

The above applies both with regard to movable property and landed property. The recipient may derive benefit from the gift for the entire time that it is his.

Halacha 10

When a person tells a colleague: "I am giving you this ox as a gift on the condition that you return it," if the recipient consecrates the ox and then returns it, it is consecrated, and he has fulfilled his obligation to return it.

If, however, the giver tells the recipient: "I am giving it to you on the condition that you return it to me," the ox is not consecrated. For implied in the condition stated by the owner is that he return to him an article that will be fitting for him to use. The same applies in all analogous situations.

Halacha 11

It is forbidden for a Jew to give a gentile a gift without charge. He may, however, give such a gift to a resident alien, as implied by Deuteronomy 14:21: "Give it to the stranger in your gates to eat or sell it to a gentile."

To a gentile, it must be sold; it may not be given. To a resident alien, by contrast, it may be sold or given. The reason for the distinction is that we are obligated to sustain a resident alien, as implied by Leviticus 25:35: "A stranger or a resident, he shall live among you."

Halacha 12

When a person gives a gift to a Canaanite servant or a married woman, it is acquired by the husband or the owner. There is, however, a distinction between their powers of acquisition. The servant's master acquires the article itself, while the husband acquires merely the right to the benefit from the article.

Halacha 13

Even if a person gives a gift to a married woman on the condition that her husband have no authority over it, or to a servant on the condition that his master have no authority over it, the master or the husband acquires it.

If, however, one gives a gift to a married woman or to a servant and the giver stipulates that the gift itself may be used for only this or this purpose, the master or the husband does not acquire it.

Halacha 14

What is implied? When a person gives a gift to a married woman and tells her: "This money is given to you as a gift on the condition that you use it for clothing, that you use it for beverages or that you do with it what you desire without the permission of your husband," the husband has no authority over it.

Similarly, if a person told a servant: "This money is given to you as a gift on the condition that you use it for food and drink, that you use it to obtain your freedom/1 or that you do with it what you desire without the permission of your master," the master has no authority over it. The same principles apply in all analogous situations.

Halacha 15

When a person gives all his possessions to a servant as a gift, the servant acquires himself, and he becomes a free man. He then acquires all the other property.

If, however, the master retains for himself even the slightest amount of property - even movable property, the servant does not acquire anything.

The rationale is that the deed is not a complete bill of freedom, for the master retains some connection to the bill of transfer. Therefore, the servant is not freed, and since he is not freed, he does not acquire anything.

Chapter Four

Halacha 1

Once a person acquires a gift, he cannot nullify his acquisition. To cite an example: A person received a gift and acquired it. After it entered his domain while he remained silent, he retracted and said: "I do not desire it," "It is nullified," or "I see this blemish in it," his statements are of no consequence. Just as the giver cannot retract, so too, the recipient cannot retract once he has acquired it.

The gift that the recipient stated that he did not desire after it entered his possession becomes ownerless. The first person to take possession of it acquires it. For the recipient declared it ownerless after he acquired it. If, however, the recipient protested from the very outset, he does not acquire it , and it should be returned to its original owners.

Halacha 2

The following rules apply when a person transfers ownership over an article to a colleague through the agency of a third party. Once the third party takes possession of it - e.g., he performs meshichah on movable property, a deed of transfer of landed property reaches his hand, or he manifests ownership over the land - his colleague acquires the gift, even though it does not reach his hand. The giver can no longer retract.

The recipient by contrast has the option in his hand. If he desires, he may accept it. If he does not desire, he need not accept it. For a positive acquisition may be made for his person without his consent, and an obligation cannot be undertaken on his behalf without his consent. If a person desires that a gift be given to him, it is considered to be a positive acquisition. If, however, he does not desire it, a person cannot be forced to accept a gift that is given to him.

Halacha 3

There is an unresolved question among our Sages when another person accepts a gift on behalf of the recipient, when the recipient hears about the gift and remains silent, and afterwards he protests and states that he does not desire to receive it. We do not know whether the reason he remained silent at first is that he desired to accept it, and the reason he protested was that he retracted. Or perhaps he remained silent at the outset because nothing had reached his hand at that time. When the article did reach his hand, he protested, and his ultimate statements reveal his original intent.

Therefore," if another person comes first and acquires the article himself, it should not be expropriated from his possession. For perhaps the recipient originally acquired the article, and when he said: "I do not desire it," he declared it ownerless, as explained above. Thus, the person who came and took possession of it while it was ownerless acquires it.

If, however, the original owner comes and takes the article out of the possession of the person who took it, it should not be expropriated from his possession. The rationale is that perhaps the recipient did not acquire it, for when he said: "I do not desire it," his ultimate statements reveal his original intent. Thus, the person who took possession of it did not acquire it, and it remained in the possession of its original owner.

Halacha 4

The above principles can be applied in the following situation: Reuven desired to give 100 dinarim to Shimon. He sent him the 100 dinarim with Levi. If Reuven told Levi: "Acquire these 100 zwz on behalf of Shimon," or "Give these 100 zuz to Shimon," Reuven cannot retract his gift.

If, however, he tells him: "Bring these 100 zuz to Shimon," he has the option of retracting until the 100 zuz reach Shimon.

Halacha 5

In the above instance, if Levi took the 100 zuz that he was sent to bring to Shimon and looked for Shimon, but could not find him, he should return the money to Reuven.

If Shimon died during Reuven's lifetime, Levi should return the money to Reuven or to his heirs. But if Reuven died in Shimon's lifetime, the 100 zuz should be given to Shimon or his heirs.

The rationale is that it is a mitzvah to carry out the instructions of a deceased person, even though he gave those instructions while he was healthy. And in this instance, the 100 zuz are still in the possession of the agent.

Halacha 6

A person cannot acquire a gift on behalf of a colleague unless the person acquiring the gift is past majority and mentally competent. Both a man and a woman - indeed, even a married woman or a servant or maidservant can acquire property on behalf of another person.

A gentile, by contrast, cannot acquire property for a Jew. Since he is not fit to serve as an agent, he can never acquire property on behalf of a Jew. Similarly, just as a Jew cannot serve as an agent for a gentile, he cannot acquire property for a gentile.

Halacha 7

When a child reaches the state of understanding that when he is given a stone he throws it away, but when he is given a nut he keeps it, he can acquire property on his own behalf, but he cannot acquire on behalf of others. If he is less mature than this, he cannot even acquire property on his own behalf.

Similarly, a mentally or emotionally incompetent person cannot acquire property, neither on his own behalf nor on behalf of others. When a person gives property to a mentally or emotionally incompetent person through the agency of a mentally competent person, the incompetent acquires it.

A deaf mute can acquire property on his own behalf, as explained in Hilchot Gezelah.

8. One may acquire property for a minor - even a newborn child - or an adult, in his presence or outside his presence.

A person's courtyard can acquire property on his behalf even though he is not standing there. The rationale is that since the gift reached the person's courtyard, it is as if another person acquired it on his behalf.

Halacha 9

When does the above apply? With regard to a courtyard that is safeguarded. Different rules apply with regard to a courtyard that is not safeguarded - e.g., a field or a ruin. In such an instance, a person does not acquire an article unless he is standing next to the courtyard and says: "Let my field acquire the article for me."

Similarly, the area within a radius of the four cubits next to where a person is standing can acquire property on his behalf, if he is standing in an alleyway, at the sides of the public domain, which are not crowded with many people or in a field that is ownerless. However, when a person stands in the public domain or in a field belonging to a colleague, he does not acquire the article until it reaches his hand.

A female minor may acquire an article by virtue of its presence in her courtyard or within the area within a radius of four cubits of her. A male minor, by contrast, cannot acquire a gift unless it reaches his hand or is acquired on his behalf by another person.

Halacha 10

A gift is like a bill of divorce, in that a person cannot transfer words alone to an agent.

What is implied? If a person tells three people: "Tell so and so and so and so to compose and sign a deed recording a gift and give it to so and so," his statement is of no consequence. If these people convey these instructions to those witnesses and the witnesses write the deed and give it to the intended recipient, the recipient does not acquire anything.

Similarly, if a person tells two people, "Compose and sign a deed recording a gift and give it to so and so," they cannot tell a scribe to compose such a deed. Instead, they must compose it themselves, as applies with regard to a bill of divorce.

Halacha 11

When a person writes a deed saying: "I gave such and such a field to so and so," "I gave it to him," or "Behold, it is his," the person named acquires the field when the deed reaches his hand.

When, by contrast, the prospective donor writes in a deed: "I will give it to him," the intended recipient does not acquire the property even if witnesses testify with regard to the document.

The intended recipient does not acquire the property until the giver tells the witnesses: "Compose a deed recording a gift, and give it to him." Then they should compose the deed and give it. The rationale is that a recipient does not acquire the property given to him until a deed recording the gift reaches his hand or until the giver transfers ownership of the property to him via a third party, as explained.

Halacha 12

When a person says: "I gave this and this field to so and so," but the recipient says: "He did not give it to me," we suspect that perhaps the giver had another person acquire it for him.

Different rules apply if the giver states: "I composed a deed and gave it to him," and the recipient states: "He did not compose such a deed, nor did he give it to me." If the recipient of the gift himself makes such a statement, the admission of the principal himself is equivalent to the testimony of 100 witnesses. Therefore the giver is entitled to receive the produce of the field.

If the son of the recipient is the one who states: "You did not give this field to my father," while the giver maintains: "I wrote a deed and gave it to him," the produce should be entrusted to a third party until the status of the field becomes known.

Halacha 13

When a person thought to have received a gift claims: "The object in my possession was not given to me as a gift; instead, I am a watchman for it," or the like, or he says: "The gift was nullified from the outset, because I did not accept it," "I was forced to accept it against my will," "I accepted it by mistake," or the like, his claim is accepted. He is required to take a sh'vuat hesset, and the gift is returned to its original owners.

Halacha 14

If the alleged giver of a gift denies giving it, and instead, claims: "You are a watchman over it," "I gave it to you unwillingly," or "It is stolen property that you have," and the person in possession of the disputed article states: "You gave it to me as a gift," the alleged recipient must support his claim with a Rabbinic oath. Afterwards, he is under no obligation.

Chapter Five

Halacha 1

Whenever a person - whether healthy or sick - gives a gift, the gift must be made publicly and conspicuously.

If a person tells witnesses: "Write a deed recording a gift in hiding and give it to the intended recipient," his statement is of no consequence. For he is acting subtly in order to take money belonging to others, for he will sell the property after giving the gift.

Halacha 2

Therefore, whenever a deed recording a gift of land does not state: "So and so, the giver, said to us: 'Sit down in the market place and the streets and write a deed recording a gift in a public and conspicuous manner,' " or does not use a similar expression, we suspect that perhaps the gift was given in a hidden manner. Therefore, the recipient does not acquire it.

Halacha 3

When a person writes two deeds recording a gift for the same field, the first one hidden, and the second public and conspicuous, the person to whom the latter deed was given acquires it. This applies even if the deed recording the first gift does not mention that the gift should be hidden or that it be conspicuous, but just states that a gift should be given, the recipient of the latter document acquires the property, 4. As explained, when a person issues a protest and then gives a gift, the gift is nullified, even though the person is not being forced to give the gift against his will.

The rationale is that with regard to a gift, we follow solely the intent of the giver. Since the giver revealed his intent that he did not desire to give the gift, his gift is nullified.

Accordingly, when it is evident that a person did not desire to give a gift, even when he gave the gift in a conspicuous manner, but it was discovered that he had previously given a hidden gift, both gifts he gave are nullified: the first because it was given in a hidden manner, and the second because it is obvious that he did not want to give the gift. For the hidden gift that was discovered is considered like a protest for the second gift.

Halacha 5

An incident occurred with regard to a person who desired to marry a woman. She told him: "I will not marry you unless you write me a deed giving me all your property." The man's elder son heard this and objected at being left empty handed.

The man said to witnesses: "Go and hide and write a document, granting him all my property as a gift." Afterwards, he wrote a document granting all his property to his prospective bride and married her.

The incident was brought before the Sages. They ruled: "The son did not acquire the property, nor did the woman acquire the property. The woman did not acquire the property because the man did not willingly compose the document granting her his property. It is as if he had been acting under duress. For by giving the first gift, even though it was nullified - because it was hidden, he revealed his intent. Similar laws apply in all analogous situations.

Halacha 6

The following rules apply when there are two legal documents with the same date, either deeds of sale or deeds recording a gift, applying to one field. If it is customary for the people of that locale to record the hour of the day when the document was signed in the document, the person with the document dated earlier acquires it. If it is not customary for the people of that locale to record the hour in the document, the matter is left to the discretion of the judges. The field is granted to the person whom they feel it is proper to recognize as the owner.

Halacha 7

When does the above apply? With regard to a legal document that does not mention a kinyan, but rather the recipient desired to acquire the field through the transfer of this legal document. In such an instance, we do not know who received the legal document first. If, however, both of the legal documents mention a kinyan, the one with whom a kinyan was made first acquires the property. The witnesses should be asked about the matter.

Similarly, if there were witnesses who know who received the deed recording the gift first, that person acquires the field.

Halacha 8

The following laws apply when there are two legal documents concerning the transfer of one field to one buyer, and they are dated differently.

If one legal document records a sale and the other a gift, we do as follows: When the earlier dated document records a gift and the later document a sale, the later document does not nullify the former one. For we assume that the giver wrote the document recording a sale to add his acceptance of responsibility for the field, if expropriated by a creditor. This applies even when the document does not mention this responsibility. For the omission of such responsibility is considered to be a scribal error.

Similarly, if the earlier document records a sale and the later document a gift, the recipient acquires the field from the date of the first document. We assume that the seller had the document regarding a gift composed to strengthen the purchaser's position, and to protect him against a possible claim of a neighbor.

Halacha 9

Different rules apply if both legal documents mention a sale, or both mention a gift. If the second document adds any fact enhancing the position of the recipient or the purchaser, the first document is valid. We assume that the second was composed only because of the additional points.

If no additional points were made in the second document, the second document nullifies the first, and the first owner's responsibility does not begin until the date mentioned in the second document.

For this reason, the purchaser must return all the produce that he consumed until the date mentioned in the second document. If there is an annual levy from the king on that field, the giver or the seller is required to pay that levy until the date mentioned in the second document.

Chapter Six

Halacha 1

Whenever a gift is given, we assess the intent of the giver. If the situation indicates his ultimate intent, we act according to that intent, even if it is not stated explicitly.

What is implied? A person's son traveled overseas and the father heard a report that his son had died. The father then signed over all his property as a public and binding gift to a third party, and afterwards his son returned. The gift is not binding, for the situation indicates that if the father had known that his son was alive, he would not have signed over all of his property to the third party. Therefore, if he retained ownership over any of his property -whether landed property or movable property - the gift is binding.

Halacha 2

Similarly, when a person assigns all his property to one of his sons, whether the giver is healthy or on his death bed, we assume that he merely made that son the executor of the estate. He receives the same share as the other sons in his estate. It can be presumed that the father's intent was merely that the other brothers should listen to this son. This assumption is followed even if the son in question is an infant, lying in a cradle.

If, however, he retained any of his property - whether landed property or movable property - the son acquires the gift given him.

Halacha 3

When does the above apply? When he mentioned one son among many sons. If, however, he mentioned one son among many daughters, one daughter among many daughters, or one or another heir among many others, the gift is binding even though he did not retain any property.

Halacha 4

Similarly, when a person assigns all his property to his wife - whether the husband is healthy or on his death bed - we assume that he merely made his wife the executor for the heirs. This applies even when he confirmed this with a kinyan.

Moreover, this applies regardless of whether the husband's heirs are her descendants, those of another wife or other relatives. If, however, he retained ownership of any property - either landed property or movable property - his wife acquires everything he assigned to her.

Halacha 5

To whom does the above apply? To a woman who has already been married. If, however, a person assigns all his property to his wife whom he has merely consecrated or to his divorcee, even if he did not retain any property, she is considered as any other person, and the gift is binding.

Halacha 6

When a person assigns all his property to one of his sons and another person, that other person acquires half of the property, and the other half is given to all his sons. The son who is assigned the property is appointed an executor for the other sons.

Halacha 7

Similarly, if a person assigns all his property to his wife and to another person, the other person acquires half, and his wife is appointed as an executor for the other half.

Halacha 8

Whenever a woman acquires all her husband's property as a gift, o she forfeits her right to the money due her by virtue of her ketubah. Therefore, the ketubah should be torn.

Accordingly, if a promissory note is claimed against her deceased husband's estate, and the entire estate is expropriated to pay the debt that predated the gift, she is left without anything. She does not collect the money due her by virtue of her ketubah.

The rationale is that we presume that the satisfaction she receives upon hearing that her husband assigned all his property to her is sufficient to cause her to forfeit any other claim she has to his property with the exception of this gift.

Halacha 9

Similarly, when a man assigns property to his children - either his sons or his daughters, whether he does so while healthy or on his death bed - and assigns even the slightest amount of landed property to his wife together with them, if she does not protest she forfeits her right to the money due her by virtue of her ketubah.

The rationale is that the satisfaction she receives from being made a partner together with his children is great enough to cause her to forfeit her rights to this property. She may not expropriate anything from the property in the estate at the time of her husband's death. She may, however, collect the money due her by virtue of her ketubah from money accrued by his estate afterwards.

Halacha 10

If, however, the husband merely assigned movable property to her, or he retained a certain portion of his landed property for himself, her ketubah is still valid.

It is an enactment of the Geonimw that even if he retained some movable property, she is given the right to collect the money due her by virtue of her ketubah . The rationale is that she will say: "I will collect the money due me from what he retained." Since she is allowed to expropriate from what he retained, she is also given the privilege of expropriating from the remainder of the estate.

Halacha 11

When a person assigns all his property to his children and assigns a portion of his property to his wife together with them, and then one of the children dies during his father's life, the woman is allowed to collect the money due her by virtue of her ketubah from the share of the child who died. For she forfeited only her right to collect the money due her by virtue of her ketubah from the property inherited by her husband's heirs at the time of his death.

Halacha 12

When a woman desires to marry, she may assign all her property to her son or to another person. If afterwards she marries and becomes divorced or her husband dies, the gift she gave is nullified. For she was merely attempting to circumvent the laws of inheritance. She assigned her property to the other person solely so that her husband would not inherit it. Implicit in the agreement was that if she needed it at any time, it would be returned to her. Therefore, if she died during her husband's lifetime, the recipient of the gift inherits it in its entirety. If she retained anything for herself, even movable property, her gift is binding. Even if she is divorced, the property does not revert to her ownership.

Halacha 13

Whenever a person gives away all his property, when the gift is nullified and the property reverts to the original owner, the recipient of the gift is not required to return the produce that he ate. For even if a person explicitly states that he is giving a gift with the intent that it be returned after the duration of so and so's life, the recipient is entitled to derive benefit from the fruits produced by the gift, as we have explained.

Halacha 14

The following rules apply when a person sends articles from overseas to his household and instructs: "Give these to my children." They should be given to both his sons and his daughters. The gifts that are appropriate for the sons - e.g., books or weapons - should be given to the sons. Those that are appropriate for the daughters - e.g., colored silk garments and golden bracelets - should be given to the daughters. If they are appropriate both for sons and daughters, they are taken by the sons.

Similar laws apply when a person sends articles to his home without any instructions. If there are utensils that are appropriate for his daughters, they should be taken by his daughters. It is logical to assume that he sent the gifts for them. If he does not have daughters, or his daughters are married, they may be taken by the wives of his sons, for it is logical to assume that he sent them for them.

Halacha 15

When a person celebrates the marriage of his eldest son to a virgin maiden in a home, the son acquires the home. This applies when this is the first time this son is marrying, the father did not marry off another son before him, and the father did not leave any property of his own in the home designated for the son.

This ruling resembles a halachah instituted without a reason. Our Sages came to this decision put of their assessment of the person's attitude, feeling that because of his great happiness and love, he decided to transfer the house to him. This is indicated by the fact that he did not leave any of his own property in the home. For this reason, if he left anything of his own, even a small cruse, the son does not acquire the home.

If the father designated for the wedding a house and household utensils, although he left a utensil in the home belonging to himself or he kept a storeroom or the like in that home, the son acquires the household utensils he designated. He does not, however, acquire the house.

Halacha 16

If he designated both a house and a loft for his son, he acquires the house, but he does not acquire the loft.

Similarly, if he designated both a house and a porch, he acquires the house, but not the porch. If the house contained two apartments, one behind the other, the son acquires only the one in which he was married.

Halacha 17

With regard to marriages, we have already explained that a special indulgence is granted when a couple is engaged, and the father 1 of the son and father of the bride make commitments, saying: "How much will you give to your son?", "So and so much. And how much will you give for your daughter?", "So and so much." If, afterwards, the groom consecrates the bride, the couple acquire what the parents promised by virtue of their statements alone.

Nevertheless, the transfer of property brought about by this consecration does not take effect until the time of the couple's marriage. For the intent of the promise was that the property be given to the couple when married.

Also, for the transfer to be effective, the articles that the person promised must exist within his domain, for a person may not transfer an article that does not as yet exist, as we have explained.

These promises may not be written down so that the commitment would have the power of a legal document. Therefore, if such a record is made, it is not considered to be a legal document that would give the couple the power to expropriate the property if sold to others.

Halacha 18

When a man consecrates a woman, even if he consecrates her by giving her 1000 dinarim, whether she retracts, he retracts, he dies or she dies, the money or article given to effect the consecration never needs to be returned. Instead, it is considered to be an outright gift, which need not be returned.

Halacha 19

If the consecration was made erroneously, the money given for that purpose must be returned.

Halacha 20

When a man consecrates his sister, the money he gives her is a gift. The rationale is that every man knows that the consecration of one's close relatives is not valid; the person is not making an error. We therefore assume that he made up his mind to give her the money as a gift.

Halacha 21

When a person sends betrothal gifts to his intended bride while she is in his father-in-law's home, whether significant or insignificant in size, whether he partook of a betrothal feast there or not, whether he died, she died, or he retracted, all the engagement gifts should be returned with the exception of food and drink.

Halacha 22

Similar principles apply with regard to garments of minor value that the prospective groom sent his prospective bride to wear while she was living in her father's home. If she used them and they became worn or lost, they need not be returned. If, however, they are still intact, everything should be returned. They may be expropriated in court. For it is well known that he sent them only as a complimentary gesture.

Halacha 23

If, by contrast, the woman retracts, everything must be returned, even the food and drink. For the latter, however, she is required only to pay a lesser amount. The Geonim have agreed that if the food and the drink were worth six zuz, she should pay four if she retracts. For he gave her these gifts only with the understanding that she would not retract.

Halacha 24

My masters ruled that when the local custom is that when an engagement is announced every prospective groom makes a feast and hosts all his friends or distributes funds to his helpers, attendants and the like, if he follows the popular custom and she retracts, she should pay the entire amount. For she caused him a financial loss, and whoever causes money belonging to a colleague to be lost must reimburse him.

This applies provided he has witnesses to how much he spent. For we do not allow him the option of taking an oath and collecting the sum he claims.

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Hayom Yom:

• Monday,, 1 Kislev, 5774 ~ 4 November 2013 ~~ Tuesday, 2 Kislev, 5774 ~ 5 November 2013

Sunday, Kislev 1, Rosh Chodesh*, 5704

Torah lessons:

Chumash: Vayeitsei, first parsha with Rashi.

Tehillim: 1-9.

Tanya: To understand the (p. 601)...the Minor Visage...(p. 603).

There were periods of time when R. Yekusiel Liepler, a chassid of the Alter Rebbe, davened Shacharit, Mincha and Maariv one right after the other; there was no time for intervals.

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

*.This day is celebrated by chassidim as marking the good health, in 5738 (1977), of the Rebbe of righteous memory.

Monday, Kislev 2*, 5704

Torah lessons:

Chumash: Chumash: Vayeitsei, Sheini with Rashi.

Tehillim: 10-17.

Tanya: Now, in one (p. 603)...Yetzirah and Asiyah. (p. 603).

My grandfather once explained in a maamar the statement, R. Elazar first gave a coin to a pauper and then davened1: "Davening must be with life. By giving, before davening, charity to a pauper - thereby giving him life - one's davening is suffused with a great increase of 'aliveness'." So saying he motioned with his hand in an upwards gesture to indicate that the increase is beyond imagination. Indeed my father would often seek out a pauper before davening to give him food.

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

*.This day is the crowning culmination of the didan natzach victory, marking the actual return, in 5748 (1987) of the s'farim and k'tavim of the Rebbe'im to their rightful place in the library of Agudas Chasidei Chabad. This was the "...pidyon sh'vuyim ('release of the captives') of the s'farim, which were returned to their places in actual fact, on Monday of the Torah-portion 'I shall return in peace to my father's house,' on the second of Kislev." Sicha, Tevet 5, 5748, fn. 11. (The event coincided - in time and location - with the First International Convention of the shluchim, emissaries of the Rebbe of righteous memory.

1.Baba Batra 10a.

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Daily Thought:

Beyond Humanism

People call me “old-fashioned” for my belief in an ancient and timeless teaching and for my faith in G‑d.
In truth, it is they who are old-fashioned;
for they cling to an idea that failed decades ago.

The Age of Reason, of Enlightenment, of Humanism—when Knowledge and Intellect were worshipped as the Redeemers of Mankind—all this died and was buried when the most civilized and intellectual nation on earth committed the most unthinkable atrocities.

Humanity, to survive, must accept, feel, stand in awe and connect to That Which Is Above us.

Fighting Crime

If you tell a child, “Keep this rule because if you don’t you will be punished!” the child has two doubts in his mind: Maybe he won’t be caught, and if he is caught, maybe the punishment won’t outweigh the crime.

The child has to know that there is an eye that sees, an ear that hears—that there is a Higher Unseen Being to whom he is answerable. Such an awareness is essential for a sustainable civil society.

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