Today in Judaism – Today is: Tuesday, 23
Kislev 5774 · 26 November 2013 & Wednesday, 24 Kislev, 5774 27 November
2013
-------
Today in Jewish History:
• Jews Accused of Poisoning the Wells
during the Black Plague (1348)
As the “Black Death” plague decimated
Europe, Christians accused the Jews of causing the plague by poisoning the
wells in an effort to wipe out the Gentile population.
On the 23rd of Kislev 5109 (Nov. 15,
1348), Rudolph of Oron, bailiff of Lausanne, sent a letter to the mayor of
Strasburg informing him that certain Jews of Lausanne had “confessed” under
torture that they together with their coreligionists had poisoned all the wells
in the Rhine valley. This resulted in the masses persecuting and killing tens
of thousands of Jews throughout Europe.
Construction of the Second Temple Resumes
(520 BCE)
In the first year of rule of Cyrus, the
King of Persia, Jews were given permission to return to Israel and rebuild the
Holy Temple. A group of Jews led by Zerubavel set out for Jerusalem and began working
on the second Temple. However, the Cutheans falsely accused the Jews of
plotting a rebellion against King Cyrus and were successful in halting the
construction of the Holy Temple for the remainder of his reign and throughout
the reign of Ahasuerus, his successor. Construction resumed in the second year
of the reign of Darius, Ahasuerus's son, on the 24th of Kislev.
Today’s Laws and Customs:
Kindle One Chanukah Light tonight
The eight-day festival of Chanukah begins
tonight. In commemorartion of the miracle of the oil (see "Today in Jewish
History" for Kislev 25) we kindle the Chanukah lights -- oil lamps or
candles -- each evening for eight days, increasing the number of lights each
evening. Tonight, the first night of Chanukah, we kindle one light. (In the
Jewish calendar, the day begins at nightfall; this evening, then, commences the
1st day of Chanukah).
On the 1st night of Chanukah, we recite
three blessings before lighting; for text and audio of the blessings, click
here.
For a more detailed guide to Chanukah
lighting click here.
The icon below displays the ideal
Chanukah lighting time for your location; the lighting can be done, however,
later in the evening as well. For more on Chanukah lighting times, click here.
(If no time is displayed, click on icon to set your location.)
For additional Chanukah observances, see
Laws & Customs for tomorrow, Kislev 25.
Daily Quote:
Behold! He stands behind our wall,
looking from the windows, peering through the crevices(Song of Songs 2:9)
Daily Study - Chitas and Rambam for
today: Chumash with Rashi – Parshat Mikeitz, 3rd Portion (Genesis 41:39-41:52)
& Parshat Mikeitz, 4th Portion (Genesis 41:53-42:18)
Chapter 41
39. Then Pharaoh said to Joseph,
"Since God has let you know all this, there is no one as understanding and
wise as you. לט. וַיֹּאמֶר פַּרְעֹה אֶל יוֹסֵף אַחֲרֵי הוֹדִיעַ אֱלֹהִים אוֹתְךָ
אֶת כָּל זֹאת אֵין נָבוֹן וְחָכָם כָּמוֹךָ:
there is no one as understanding and wise
as you: To seek an understanding and wise man as you said, we will not [be able
to] find anyone like you.
אין נבון וחכם כמוך: לבקש איש נבון וחכם שאמרת,
לא נמצא כמוך:
40. You shall be [appointed] over my
household, and through your command all my people shall be nourished; only
[with] the throne will I be greater than you." מ. אַתָּה תִּהְיֶה עַל בֵּיתִי
וְעַל פִּיךָ יִשַּׁק כָּל עַמִּי רַק הַכִּסֵּא אֶגְדַּל מִמֶּךָּ:
shall be nourished: Heb. יִשַׁק [Onkelos
renders:] יִתְּזַּן, shall be nourished, shall be sustained. All my people’s
necessities shall be provided through you, similar to“the steward of my household
(בֶּן מֶשֶׁק)” (Gen. 15:2), and“Arm yourselves (נַשְׁקוּ) with purity” (Ps.
2:12), garnis(s) on in Old French, provision.
ישק: יתזן, יתפרנס. כל צרכי עמי יהיו נעשים
על ידך, כמו (לעיל טו ב) ובן משק ביתי, וכמו (תהלים ב יב) נשקו בר, גרנישו"ן בלע"ז
[אספקה]:
only [with] the throne: That I will be
called king.
רק הכסא: שיהיו קורין לי מלך:
the throne: A term denoting the kingship,
like“and make his throne greater than the throne of my lord, King [David]” (I
Kings 1:37).
כסא: לשון של המלוכה כמו (מלכים א א לז) ויגדל
את כסאו מכסא אדוני המלך:
41. So Pharaoh said to Joseph,
"Look, I have appointed you over the entire land of Egypt." מא.
וַיֹּאמֶר פַּרְעֹה אֶל יוֹסֵף רְאֵה נָתַתִּי אֹתְךָ עַל כָּל אֶרֶץ מִצְרָיִם:
I have appointed you: Heb. נָתַתִּי אֹתְ.
[Onkelos renders:] מַנֵיתִי יָתָ, I have appointed you. It is nevertheless an
expression of placing (lit., giving), like“and to place you (לְתִתְּ) above”
(Deut. 26:19). Whether for greatness or lowliness, the term נְתִינָה is
appropriate, like“I, [too,] have made you (נָתַתִּי אֶתְכֶם) contemptible and
low” (Mal. 2:9).
נתתי אתך: מניתי יתך, ואף על פי כן לשון נתינה
הוא, כמו (דברים כו יט) ולתתך עליון, בין לגדולה בין לשפלות נופל לשון נתינה עליו,
כמו (מלאכי ב ט) נתתי אתכם נבזים ושפלים:
42. And Pharaoh removed his ring from his
hand and placed it on Joseph's hand, and he attired him [with] raiment of fine
linen, and he placed the golden chain around his neck. מב. וַיָּסַר פַּרְעֹה אֶת טַבַּעְתּוֹ
מֵעַל יָדוֹ וַיִּתֵּן אֹתָהּ עַל יַד יוֹסֵף וַיַּלְבֵּשׁ אֹתוֹ בִּגְדֵי שֵׁשׁ וַיָּשֶׂם
רְבִד הַזָּהָב עַל צַוָּארוֹ:
And Pharaoh removed his ring: [The]
giving [of] the king’s ring is a sign to the one to whom it is given [that he
is] to be second to him in greatness [rank].
ויסר פרעה את טבעתו: נתינת טבעת המלך הוא אות
למי שנותנה לו להיות שני לו לגדולה:
raiment of fine linen: This is an item of
value in Egypt.
בגדי שש: דבר חשיבות הוא במצרים:
chain: Heb. רְבִד, a chain, and because
it consists of links placed in a row, it is called רְבִד, and similarly,“I have
decked (רָבַדְתִּי) my couch” (Prov. 7:16). I have decked my couch with rows of
ornaments. In the language of the Mishnah:“surrounded by rows (רוֹבְדִין) of
stone” (Middoth 1:8);“on the row of stones (רוֹבֶד) in the forecourt” (Yoma
43b), which is the pavement.
רבד: ענק, ועל שהוא רצוף בטבעות קרוי רביד.
וכן (משלי ז טז) רבדתי ערשי, רצפתי ערשי מרצפות. בלשון משנה (מדות א ח) מוקף רובדין
של אבן, (יומא מג ב) על הרובד שבעזרה, והיא רצפה:
43. And he had him ride in his chariot of
second rank, and they called out before him, "[This is] the king's
patron," appointing him over the entire land of Egypt. מג. וַיַּרְכֵּב
אֹתוֹ בְּמִרְכֶּבֶת הַמִּשְׁנֶה אֲשֶׁר לוֹ וַיִּקְרְאוּ לְפָנָיו אַבְרֵךְ וְנָתוֹן
אֹתוֹ עַל כָּל אֶרֶץ מִצְרָיִם:
in his chariot of second rank: Heb. מִרְכֶּבֶת
הַמִשְׁנֶה. The one second to his chariot, which goes next to his.
במרכבת המשנה: השניה למרכבתו, המהלכת אצל שלו:
the king’s patron: Heb. אַבְרֵ, as the
Targum renders: This is the patron of the king. [The word] רֵ in Aramaic
means “king.” In [the chapter entitled]“The partners” (Baba Bathra 4a), he
(Herod) is neither a king (רֵיכָא) nor the son of a king (בַּר רֵיכָא). [Thus, רֵ
like rex in Latin, means king.] In the Aggadah (Sifrei Deut. 1), Rabbi Judah
expounded: אַבְרֵ refers to Joseph, who was a father (אָב) in wisdom, and
tender (רַ) in years. Ben Durmaskith said to him,“How long will you pervert
the Scriptures for us? אַבְרֵ is only a term denoting knees (בִּרְכַּיִם) ,
for all would enter and exit under his hand, as the matter that is stated:
”appointing him, etc."
אברך: כתרגומו דין אבא למלכא. רך בלשון ארמי
מלך. בהשותפין (בבא בתרא ד א) לא ריכא ולא בר ריכא. ובדברי אגדה דרש ר' יהודה אברך
זה יוסף שהוא אב בחכמה ורך בשנים, אמר לו רבי יוסי בן דורמסקית עד מתי אתה מעוות עלינו
את הכתובים, אין אברך אלא לשון ברכים, שהכל היו נכנסין ויוצאין תחת ידו, כענין שנאמר
ונתון אותו וגו':
44. And Pharaoh said to Joseph, "I
am Pharaoh, and besides you, no one may lift his hand or his foot in the entire
land of Egypt." מד. וַיֹּאמֶר פַּרְעֹה אֶל יוֹסֵף אֲנִי פַרְעֹה
וּבִלְעָדֶיךָ לֹא יָרִים אִישׁ אֶת יָדוֹ וְאֶת רַגְלוֹ בְּכָל אֶרֶץ מִצְרָיִם:
I am Pharaoh: I have the power to enact a
decree upon my kingdom, and I decree that no one should raise his hand, etc.
אני פרעה: שיש יכולת בידי לגזור גזרות על מלכותי,
ואני גוזר שלא ירים איש את ידו:
and besides you: [I.e.,] without your
permission. Another interpretation: I shall be the king, and besides you, etc.
This is parallel to“only [with] the throne” (verse 40). - [from Gen. Rabbah
90:2] [I.e., although I give you the exclusive power to raise your hand and
foot, as explained below I am still the supreme ruler over the land.]
בלעדיך: שלא ברשותך. דבר אחר אני פרעה אני אהיה
מלך ובלעדיך וגו' וזהו דוגמת (פסוק מ) רק הכסא:
his hand or his foot: As the Targum
renders [no man shall raise his hand to bear arms or his foot to ride a horse.]
את ידו ואת רגלו: כתרגומו:
45. And Pharaoh named Joseph Zaphenath
Pa'neach, and he gave him Asenath the daughter of Poti phera, the governor of
On, for a wife, and Joseph went forth over the land of Egypt. מה. וַיִּקְרָא
פַרְעֹה שֵׁם יוֹסֵף צָפְנַת פַּעְנֵחַ וַיִּתֶּן לוֹ אֶת אָסְנַת בַּת פּוֹטִי פֶרַע
כֹּהֵן אֹן לְאִשָּׁה וַיֵּצֵא יוֹסֵף עַל אֶרֶץ מִצְרָיִם:
Zaphenath-Pa’neach: He who explains
hidden things, and Pa’neach has no parallel in Scripture. — [from Targum
Onkelos]
צפנת פענח: מפרש הצפונות, ואין לפענח דמיון
במקרא:
Poti-phera: He is Potiphar, but he was
called Poti-phera because he became emasculated since he desired Joseph for
homosexual relations. — [from Sotah 13b]
פוטי פרע: הוא פוטיפר, ונקרא פוטיפרע על שנסתרס
מאליו, לפי שלקח את יוסף למשכב זכר:
46. And Joseph was thirty years old when
he stood before Pharaoh the king of Egypt, and Joseph went out from before
Pharaoh and passed through the entire land of Egypt. מו. וְיוֹסֵף בֶּן שְׁלשִׁים
שָׁנָה בְּעָמְדוֹ לִפְנֵי פַּרְעֹה מֶלֶךְ מִצְרָיִם וַיֵּצֵא יוֹסֵף מִלִּפְנֵי פַרְעֹה
וַיַּעֲבֹר בְּכָל אֶרֶץ מִצְרָיִם:
47. And in the seven years of plenty,
[the inhabitants of] the land gathered [food] by handfuls. מז. וַתַּעַשׂ
הָאָרֶץ בְּשֶׁבַע שְׁנֵי הַשָּׂבָע לִקְמָצִים:
And…[the inhabitants of] the land
gathered: Heb. וַתַּעַשׂ הָאָרֶץ, lit., and the land made. [This is to be
understood] as the Targum renders:“And…the inhabitants of the land gathered.”
The language, however, does not lose its meaning of making.
ותעש הארץ: כתרגומו, ואין הלשון נעקר מלשון
עשייה:
by handfuls: Heb. לִקְמָצִים. Handful
over handful, hand over hand, they were storing it.
לקמצים: קומץ על קומץ, יד על יד היו אוצרים:
48. And he collected all the food of the
seven years that was in the land of Egypt, and he placed food in the cities,
the food of the field surrounding the city, he put within it. מח. וַיִּקְבֹּץ
אֶת כָּל אֹכֶל | שֶׁבַע שָׁנִים אֲשֶׁר הָיוּ בְּאֶרֶץ מִצְרַיִם וַיִּתֶּן אֹכֶל
בֶּעָרִים אֹכֶל שְׂדֵה הָעִיר אֲשֶׁר סְבִיבֹתֶיהָ נָתַן בְּתוֹכָהּ:
the food of the field surrounding the
city, he put within it: Because each land preserves its own produce, and they
would put into the grain some of the soil of the place, and it would preserve
the grain [and prevent it] from decaying. - [from Gen. Rabbah 90:5]
אכל שדה העיר אשר סביבותיה נתן בתוכה: שכל ארץ
וארץ מעמדת פירותיה ונותנין בתבואה מעפר המקום ומעמיד את התבואה מלירקב:
49. And Joseph gathered grain like the
sand of the sea, in great abundance, until [one] stopped counting, because
there was no number. מט. וַיִּצְבֹּר יוֹסֵף בָּר כְּחוֹל הַיָּם הַרְבֵּה
מְאֹד עַד כִּי חָדַל לִסְפֹּר כִּי אֵין מִסְפָּר:
until [one] stopped counting: Until the
one who counted stopped counting. This is an elliptical verse. [The subject of חָדַל
is missing.]
עד כי חדל לספר: עד כי חדל לו הסופר לספור,
והרי זה מקרא קצר:
because there was no number: Heb. כִּי
because there was no number, and here כִּי is used as an expression of
“because.”
כי אין מספר: לפי שאין מספר, והרי כי משמש בלשון
דהא:
50. And to Joseph were born two sons
before the year of the famine set in, whom Asenath the daughter of Poti phera,
the governor of On, bore to him. נ. וּלְיוֹסֵף יֻלָּד שְׁנֵי בָנִים בְּטֶרֶם תָּבוֹא
שְׁנַת הָרָעָב אֲשֶׁר יָלְדָה לּוֹ אָסְנַת בַּת פּוֹטִי פֶרַע כֹּהֵן אוֹן:
before the year of the famine set in:
From here is derived that a person may not engage in marital relations during
years of famine. — [from Ta’anith 11a]
בטרם תבוא שנת הרעב: מכאן שאסור לאדם לשמש מטתו
בשני רעבון:
51. And Joseph named the firstborn
Manasseh, for "God has caused me to forget all my toil and all my father's
house." נא. וַיִּקְרָא יוֹסֵף אֶת שֵׁם הַבְּכוֹר מְנַשֶּׁה כִּי נַשַּׁנִי אֱלֹהִים
אֶת כָּל עֲמָלִי וְאֵת כָּל בֵּית אָבִי:
52. And the second one he named Ephraim,
for "God has made me fruitful in the land of my affliction." נב. וְאֵת
שֵׁם הַשֵּׁנִי קָרָא אֶפְרָיִם כִּי הִפְרַנִי אֱלֹהִים בְּאֶרֶץ עָנְיִי:
Chapter 41
53. And the seven years of plenty that
were in the land of Egypt were finished.
נג. וַתִּכְלֶינָה שֶׁבַע שְׁנֵי הַשָּׂבָע
אֲשֶׁר הָיָה בְּאֶרֶץ מִצְרָיִם:
54. And the seven years of famine began,
as Joseph had said, and there was famine in all the lands, but throughout the
land of Egypt there was bread. נד. וַתְּחִלֶּינָה שֶׁבַע שְׁנֵי הָרָעָב לָבוֹא
כַּאֲשֶׁר אָמַר יוֹסֵף וַיְהִי רָעָב בְּכָל הָאֲרָצוֹת וּבְכָל אֶרֶץ מִצְרַיִם הָיָה
לָחֶם:
55. When the entire land of Egypt
hungered, the people cried out to Pharaoh for bread, but Pharaoh said to all
the Egyptians, "Go to Joseph; what he tells you, do." נה.
וַתִּרְעַב כָּל אֶרֶץ מִצְרַיִם וַיִּצְעַק הָעָם אֶל פַּרְעֹה לַלָּחֶם וַיֹּאמֶר
פַּרְעֹה לְכָל מִצְרַיִם לְכוּ אֶל יוֹסֵף אֲשֶׁר יֹאמַר לָכֶם תַּעֲשׂוּ:
When the entire land of Egypt hungered:
For their grain, which they had stored, had decayed, except that of Joseph. —
[from Mid. Tanchuma Mikeitz 7]
ותרעב כל ארץ מצרים: שהרקיבה תבואתם שאצרו חוץ
משל יוסף:
what he tells you, do: Since Joseph had
ordered them to circumcise themselves, and when they came to Pharaoh and said,
“This is what he said to us,” he (Pharaoh) said to them, “Why didn’t you gather
grain? Didn’t he announce to you that years of famine were coming?” They
replied, “We gathered much, but it rotted.” He (Pharaoh) replied,“If so, do
whatever he tells you. He issued a decree upon the grain, and it rotted. What
if he issues a decree upon us and we die?” - [from Mid. Tanchuma Mikeitz 7,
Gen. Rabbah 91:5]
אשר יאמר לכם תעשו: לפי שהיה יוסף אומר להם
שימולו, וכשבאו אצל פרעה ואומרים כך הוא אומר לנו, אמר להם למה לא צברתם בר, והלא הכריז
לכם ששני הרעב באים, אמרו לו אספנו הרבה והרקיבה, אמר להם אם כן כל אשר יאמר לכם תעשו,
הרי גזר על התבואה והרקיבה, מה אם יגזור עלינו ונמות:
56. Now the famine spread over all the
face of the land, and Joseph opened all [the storehouses] in which there was
[grain], and he sold [it] to the Egyptians, and the famine intensified in the
land of Egypt. נו. וְהָרָעָב הָיָה עַל כָּל פְּנֵי הָאָרֶץ וַיִּפְתַּח יוֹסֵף אֶת
כָּל אֲשֶׁר בָּהֶם וַיִּשְׁבֹּר לְמִצְרַיִם וַיֶּחֱזַק הָרָעָב בְּאֶרֶץ מִצְרָיִם:
Now the famine spread over all the face
of the land: Heb. פְּנֵי הָאָרֶץ. Who are the face of the land? These are the
rich. — [from Gen. Rabbah 91:5]
על כל פני הארץ: מי הם פני הארץ, אלו העשירים:
all [the storehouses] in which there was:
As the Targum renders: in which there was grain.
את כל אשר בהם: כתרגומו די בהון עיבורא:
and he sold [it] to the Egyptians: Heb. וַיִשְׁבֹּר
לְמִצְרַיִם. The word שֶׁבֶר is [sometimes] an expression of selling and
[sometimes] an expression of buying. Here it is used as an expression of
selling. [In the verse]“Return, buy (שִׁבְרוּ) us a little food” (Gen. 43:2),
it is an expression of buying. Do not say that it applies only to grain, for
also with wine and milk we find:“and go buy (שִׁבְרוּ) without money and
without a price, wine and milk” (Isa. 55:1).
וישבור למצרים: שבר לשון מכר ולשון קנין הוא,
כאן משמש לשון מכר, (להלן מג ב) שברו לנו מעט אוכל, לשון קנין. ואל תאמר אינו כי אם
בתבואה, שאף ביין וחלב מצינו (ישעיה נה א) ולכו שברו בלא כסף ובלא מחיר יין וחלב:
57. And all [the inhabitants of] the land
came to Egypt to Joseph to purchase, for the famine had intensified in the
entire land. נז. וְכָל הָאָרֶץ בָּאוּ מִצְרַיְמָה לִשְׁבֹּר אֶל יוֹסֵף כִּי חָזַק
הָרָעָב בְּכָל הָאָרֶץ:
And all [the inhabitants of] the land
came to Egypt: to Joseph to purchase, but if you interpret it (this verse)
according to its sequence, it should have been written:“to purchase from (מִן)
Joseph.”
וכל הארץ באו מצרימה לשבור אל יוסף: (סרסהו
ופרשהו וכל הארץ באו מצרים אל יוסף). אם תפרשהו כסדרו היה צריך לכתוב לשבור מן יוסף:
Chapter 42
1. Jacob saw that there was grain being
sold in Egypt; so Jacob said to his sons, "Why do you appear
satiated?" א. וַיַּרְא יַעֲקֹב כִּי יֶשׁ שֶׁבֶר בְּמִצְרָיִם וַיֹּאמֶר יַעֲקֹב
לְבָנָיו לָמָּה תִּתְרָאוּ:
Jacob saw that there was grain being sold
in Egypt: From where did he see it? Is it not true that he did not see it, only
that he heard of it, as it is said: “Behold, I have heard, etc.” (verse 2) ?
What then is the meaning of “saw” ? He saw with the divine “mirror” that he
still had hope (שֶׂבֶר) in Egypt, but it was not a real prophecy to explicitly
inform him that this was Joseph. — [from Gen. Rabbah 91:6]
וירא יעקב כי יש שבר במצרים: ומהיכן ראה, והלא
לא ראה אלא שמע, שנאמר (להלן מב ב) הנה שמעתי וגו', ומהו וירא, ראה באספקלריא של קדש
שעדיין יש לו שבר במצרים. ולא היתה נבואה ממש להודיעו בפירוש שזה יוסף:
Why do you appear satiated?“: Heb. לָמָה תִּתְרָאוּ.
Why do you show yourselves before the sons of Ishmael and the sons of Esau as
if you are satiated? For at that time they still had grain (Ta’anith 10b). (And
it appears to me that it should be explained according to its simple meaning: לָמָה
תִּתְרָאוּ -Why should everyone stare at you and wonder at you that you are not
seeking food for yourselves before what you have in your hands is depleted.)
From others I heard that it (תִּתְרָאוּ) is an expression of emaciation.
[Thus:] Why should you become emaciated because of the famine? Similar to this
is”And he who emaciates [others] (וּמַרְוֶה) -he too will become emaciated (יוֹרֶא)"
(Prov. 11:25)
למה תתראו: למה תראו עצמכם בפני בני ישמעאל
ובני עשו כאלו אתם שבעים, שבאותה שעה עדיין היה להם תבואה. [ולי נראה פשוטו למה תתראו,
למה יהיו הכל מסתכלין בכם ומתמיהים בכם שאין אתם מבקשים לכם אוכל בטרם שיכלה מה שבידכם].
ומפי אחרים שמעתי שהוא לשון כחישה, למה תהיו כחושים ברעב. ודומה לו (משלי יא כה) ומרוה
גם הוא יורה:
2. And he said, "Behold, I have
heard that there is grain being sold in Egypt. Go down there and buy us [some]
from there, so that we will live and not die." ב. וַיֹּאמֶר הִנֵּה שָׁמַעְתִּי
כִּי יֶשׁ שֶׁבֶר בְּמִצְרָיִם רְדוּ שָׁמָּה וְשִׁבְרוּ לָנוּ מִשָּׁם וְנִחְיֶה וְלֹא
נָמוּת:
Go down there: Heb. רְדוּ. But he did not
say,“Go (לְכוּ).” He alluded to the 210 years that they were enslaved in Egypt,
according to the numerical value of רְדוּ. — [from Gen Rabbah 91:2, Tan.
Mikeitz 8]
רדו שמה: ולא אמר לכו, רמז למאתים ועשר שנים
שנשתעבדו למצרים, כמנין רד"ו:
3. So Joseph's ten brothers went down to
buy grain from Egypt. ג. וַיֵּרְדוּ אֲחֵי יוֹסֵף עֲשָׂרָה לִשְׁבֹּר
בָּר מִמִּצְרָיִם:
So Joseph’s…brothers went down: But
Scripture did not write “the sons of Jacob.” This teaches that they regretted
selling him and decided to behave toward him in a brotherly manner and to
ransom him for whatever amount of money would be demanded of them. — [from Gen.
Rabbah 91:6, Tan. Mikeitz 8]
וירדו אחי יוסף: ולא כתב בני יעקב, מלמד שהיו
מתחרטים במכירתו ונתנו לבם להתנהג עמו באחוה ולפדותו בכל ממון שיפסקו עליהם:
ten: Why is this written? Is it not
written, (verse 4)“But Joseph’s brother, Benjamin, Jacob did not send” ? [It is
therefore obvious that they were only ten.] But [this is what it means:]
concerning brotherhood, they were divided into ten, for neither the love they
all had for him (Joseph) nor the hate they all had for him was equal, [hence,
in the attitude of brotherhood, they were divided into ten.] As concerning
buying grain, they all were of one accord (lit., one heart). - [from Gen.
Rabbah 91:2]
עשרה: מה תלמוד לומר, והלא כתיב (פסוק ד) ואת
בנימין אחי יוסף לא שלח, אלא לענין האחוה היו חלוקין לעשרה, שלא היתה אהבת כולם ושנאת
כולם שוה לו, אבל לענין לשבור בר כולם לב אחד להם:
4. But Joseph's brother, Benjamin, Jacob
did not send with his brothers, because, he said, "Lest misfortune befall
him." ד. וְאֶת בִּנְיָמִין אֲחִי יוֹסֵף לֹא שָׁלַח יַעֲקֹב אֶת אֶחָיו כִּי
אָמַר פֶּן יִקְרָאֶנּוּ אָסוֹן:
“Lest misfortune
befall him.”: And at home, could not misfortune befall him? Rabbi Eliezer ben
Ya’akov said: From here [we learn] that Satan accuses [a person] at the time of
danger. — [from Gen. Rabbah 91:9]
פן יקראנו אסון: ובבית לא יקראנו אסון, אמר
רבי אליעזר בן יעקב מכאן שהשטן מקטרג בשעת הסכנה:
5. So the sons of Israel came to purchase
among those who came, for the famine was in the land of Canaan. ה. וַיָּבֹאוּ
בְּנֵי יִשְׂרָאֵל לִשְׁבֹּר בְּתוֹךְ הַבָּאִים כִּי הָיָה הָרָעָב בְּאֶרֶץ כְּנָעַן:
among those who came: They hid themselves
[in the crowd] so that they would not be recognized, because their father had
commanded them not to all appear at one entrance, but for each to enter through
his own entrance, so that the evil eye would have no power over them, for they
were all handsome and strong [and thus would be envied]. — [from Tan. Mikeitz
8, Gen. Rabbah 91:6]
בתוך הבאים: מטמינין עצמן שלא יכירום, לפי שצוה
להם אביהם שלא יתראו כולם בפתח אחד אלא שיכנס כל אחד בפתחו, כדי שלא תשלוט בהם עין
הרע שכולם נאים וכולם גבורים:
6. Now Joseph was the ruler over the
land; it was he who sold grain to the entire populace of the land, and Joseph's
brothers came and prostrated themselves to him, with their faces to the ground. ו.
וְיוֹסֵף הוּא הַשַּׁלִּיט עַל הָאָרֶץ הוּא הַמַּשְׁבִּיר לְכָל עַם הָאָרֶץ וַיָּבֹאוּ
אֲחֵי יוֹסֵף וַיִּשְׁתַּחֲווּ לוֹ אַפַּיִם אָרְצָה:
and prostrated themselves to him, with
their faces to the ground: Heb. וַיִשְׁתַּחִווּ. They prostrated themselves to
him on their faces, and so every [expression of] הִשְׁתַּחִוָאָה means
spreading out hands and feet. — [from Shev. 16b]
וישתחוו לו אפים: נשתטחו לו על פניהם, וכן כל
השתחואה פשוט ידים ורגלים הוא:
7. And Joseph saw his brothers, and he
recognized them, but he made himself a stranger to them, and he spoke to them
harshly, and he said to them, "Where do you come from?" And they
said, "From the land of Canaan to purchase food." ז. וַיַּרְא
יוֹסֵף אֶת אֶחָיו וַיַּכִּרֵם וַיִּתְנַכֵּר אֲלֵיהֶם וַיְדַבֵּר אִתָּם קָשׁוֹת וַיֹּאמֶר
אֲלֵהֶם מֵאַיִן בָּאתֶם וַיֹּאמְרוּ מֵאֶרֶץ כְּנַעַן לִשְׁבָּר אֹכֶל:
but he made himself a stranger: He
behaved toward them like a stranger verbally, by speaking harshly. — [from Gen.
Rabbah 91:6, Tan. Mikeitz 8]
ויתנכר אליהם: נעשה להם כנכרי בדברים, לדבר
קשות:
8. Now Joseph recognized his brothers,
but they did not recognize him. ח. וַיַּכֵּר יוֹסֵף אֶת אֶחָיו וְהֵם לֹא הִכִּרֻהוּ:
Now Joseph recognized, etc.: Because he
had left them [when they were already] full-bearded. — [from Yeb. 88a, Keth.
27b, B.M. 39b, Gen. Rabbah 91:7, Targum Jonathan]
ויכר יוסף וגו': לפי שהניחם חתומי זקן:
but they did not recognize him: Because
when he left them, he was not full-bearded, and now they found him
full-bearded. The Aggadic Midrash states:“And Joseph recognized his brothers”
-when they were delivered into his hands, he recognized that they were his
brothers, and he had compassion on them. But they did not recognize him when he
fell into their hands, to behave toward him with brotherhood. — [from Yeb. 88a,
Keth. 27b, B.M. 39b, Gen. Rabbah 91:7, Targum Jonathan]
והם לא הכרהו: שיצא מאצלם בלא חתימת זקן, ועכשיו
בא בחתימת זקן. ומדרש אגדה ויכר יוסף את אחיו כשנמסרו בידו הכיר שהם אחיו ורחם עליהם,
והם לא הכירוהו כשנפל בידם לנהוג בו אחוה:
9. And Joseph remembered the dreams that
he had dreamed about them, and he said to them, "You are spies; you have
come to see the nakedness of the land."
ט. וַיִּזְכֹּר יוֹסֵף אֵת הַחֲלֹמוֹת אֲשֶׁר
חָלַם לָהֶם וַיֹּאמֶר אֲלֵהֶם מְרַגְּלִים אַתֶּם לִרְאוֹת אֶת עֶרְוַת הָאָרֶץ בָּאתֶם:
that he had dreamed about them: Heb. לָהֶם,
lit., to them, [but here it means] about them (Targum Jonathan). He knew that
they (his dreams) had been fulfilled, for they (his brothers) had prostrated
themselves to him. — [from Zohar, vol. 1, p. 199b]
אשר חלם להם: עליהם, וידע שנתקיימו, שהרי השתחוו
לו:
the nakedness of the land: Heb. עֶרְוַת הָאָרֶץ,
the exposure of the land, from where it can be easily conquered, similar to“he
exposed (הֶעֱרָה) her fountain” (Lev. 20:18), and like“naked and bare (וְעֶרְיָה)”
(Ezek. 16:7), and likewise, every [expression of] עֶרְוָה in the Scriptures is
an expression of exposure. Onkelos, [however,] rendered: בִּדְקָא דְּאַרְעָא,
as equivalent to הַבָּיִת בֶּדֶק (II Kings 12:6),“ the weakness of the house,”
but he was not precise in explaining it according to the language of the verse.
ערות הארץ: גלוי הארץ, מהיכן היא נוחה ליכבש,
כמו (ויקרא כ יח) את מקורה הערה, וכמו (יחזקאל טז ז) ערום ועריה. וכן כל ערוה שבמקרא
לשון גילוי. ותרגום אונקלוס בדקא דארעא, כמו (מלכים ב' יב ו) בדק הבית, רעוע הבית,
אבל לא דקדק לפרשו אחר לשון המקרא:
10. And they said to him, "No, my
master, your servants have come to buy food.
י. וַיֹּאמְרוּ אֵלָיו לֹא אֲדֹנִי וַעֲבָדֶיךָ
בָּאוּ לִשְׁבָּר אֹכֶל:
No, my master: Do not say that, but your
servants have come to buy food.
לא א-דני: לא תאמר כן, שהרי עבדיך באו לשבר
אוכל:
11. We are all sons of one man. We are
honest. Your servants were never spies."
יא. כֻּלָּנוּ בְּנֵי אִישׁ אֶחָד נָחְנוּ
כֵּנִים אֲנַחְנוּ לֹא הָיוּ עֲבָדֶיךָ מְרַגְּלִים:
We are all sons of one man: The Holy
Spirit flickered within them, and they included him with them, for he too was
the son of their father. — [from Gen. Rabbah 91:7]
כלנו בני איש אחד נחנו: נצנצה בהם רוח הקדש
וכללוהו עמהם שאף הוא בן אביהם:
honest: Heb. כֵּנִים, truthful, like“You
have spoken truthfully (כֵּן)” (Exod. 10: 29);“the daughters of Zelophehad
speak truthfully (כֵּן)” (Num. 27:7);“[their haughtiness] and their conception
are improper (לֹא כֵן) , [as are] their branches” (Isa. 16:6). - [from Targum
Onkelos]
כנים: אמתיים, כמו (שמות י כט) כן דברת, (במדבר
כז ז) כן בנות צלפחד דוברות, (ישעיה טז ו) ועברתו לא כן בדיו:
12. But he said to them, "No! But
you have come to see the nakedness of the land." יב. וַיֹּאמֶר אֲלֵהֶם לֹא
כִּי עֶרְוַת הָאָרֶץ בָּאתֶם לִרְאוֹת:
But you have come to see the nakedness of
the land: For you have entered by way of the ten gates of the city. Why did you
not enter [together] through one gate?- [from Gen. Rabbah 91:7; Tan. Buber,
Mikeitz 17]
כי ערות הארץ באתם לראות: שהרי נכנסתם בעשרה
שערי העיר, למה לא נכנסתם בשער אחד:
13. And they said, "We, your servants,
are twelve brothers, the sons of one man in the land of Canaan, and behold, the
youngest is with our father today, and one is gone." יג.
וַיֹּאמְרוּ שְׁנֵים עָשָׂר עֲבָדֶיךָ אַחִים | אֲנַחְנוּ בְּנֵי אִישׁ אֶחָד בְּאֶרֶץ
כְּנָעַן וְהִנֵּה הַקָּטֹן אֶת אָבִינוּ הַיּוֹם וְהָאֶחָד אֵינֶנּוּ:
And they said, “We, your servants…”: And
for that one who is gone, we scattered in the city to seek him. — [from Tan.
Buber, Mikeitz 17]
ויאמרו שנים עשר עבדיך וגו': ובשביל אותו אחד
שאיננו נתפזרנו בעיר לבקשו:
14. And Joseph said to them, "This
is just what I have spoken to you, saying, 'You are spies.' יד. וַיֹּאמֶר
אֲלֵהֶם יוֹסֵף הוּא אֲשֶׁר דִּבַּרְתִּי אֲלֵכֶם לֵאמֹר מְרַגְּלִים אַתֶּם:
This is just what I have spoken: The
thing that I have spoken, namely, that you are spies, is true and correct. This
is according to its simple interpretation. Its midrashic interpretation is,
however: He said to them, “And if you find him (Joseph), and they (his owners)
demand a large ransom from you, will you ransom him?” “Yes,” they replied. He
said to them, “And if they say that they will not return him for any money,
what will you do?” They said, “For this we have come, to kill or be killed.” He
said to them,“That is [exactly] what I said to you; you have come to slay the
people of the city. I divine with my cup that two of you destroyed the large
city of Shechem.” - [from Gen. Rabbah 91:7, Tan. Mikeitz 8]
הוא אשר דברתי: הדבר אשר דברתי שאתם מרגלים
הוא האמת והנכון, זהו לפי פשוטו. ומדרשו אמר להם ואלו מצאתם אותו ויפסקו עליכם ממון
הרבה תפדוהו. אמרו לו הן. אמר להם ואם יאמרו לכם שלא יחזירוהו בשום ממון מה תעשו. אמרו
לו לכך באנו, להרוג או ליהרג, אמר להם הוא אשר דברתי אליכם להרוג בני העיר באתם, מנחש
אני בגביע שלי ששנים מכם החריבו כרך גדול של שכם:
15. With this you shall be tested: By
Pharaoh's life, you shall not leave this place unless your youngest brother
comes here. טו. בְּזֹאת תִּבָּחֵנוּ חֵי פַרְעֹה אִם תֵּצְאוּ מִזֶּה כִּי אִם בְּבוֹא
אֲחִיכֶם הַקָּטֹן הֵנָּה:
By Pharaoh’s life: If Pharaoh will live.
When he swore falsely, he swore by Pharaoh’s life. — [from Gen. Rabbah 91:7,
Tan. Buber, Mikeitz 17]
חי פרעה: אם יחיה פרעה. שהיה נשבע לשקר, היה
נשבע בחיי פרעה:
you shall not leave this place: Heb. מִזֶה,
lit., from this, from this place. — [from Targum Onkelos]
אם תצאו מזה: מן המקום הזה:
16. Send one of you and let him fetch
your brother, and you will be imprisoned so that your words will be tested
whether truth is with you, and if not, as Pharaoh lives, you are spies!" טז. שִׁלְחוּ
מִכֶּם אֶחָד וְיִקַּח אֶת אֲחִיכֶם וְאַתֶּם הֵאָסְרוּ וְיִבָּחֲנוּ דִּבְרֵיכֶם הַאֱמֶת
אִתְּכֶם וְאִם לֹא חֵי פַרְעֹה כִּי מְרַגְּלִים אַתֶּם:
whether truth is with you: Heb. הַאמֶת,
if the truth is with you. The “hey” is vowelized with a“pattach,” which is
equivalent to an expression of wonderment. — [from Targum Onkelos]. And if you
do not bring him, [I swear] by Pharaoh’s life, that you are spies.
האמת אתכם: אם אמת אתכם. לפיכך ה"א נקוד
פתח שהוא כמו בלשון תימה. ואם לא תביאוהו, חי פרעה כי מרגלים אתם:
17. And he put them in prison for three
days. יז.
וַיֶּאֱסֹף אֹתָם אֶל מִשְׁמָר שְׁלשֶׁת יָמִים:
prison: Heb. מִשְׁמָר, lit., watch,
[meaning] the prison. — [from Targum Onkelos]
משמר: בית האסורים:
18. On the third day, Joseph said to
them: "Do this and live I fear God. יח. וַיֹּאמֶר אֲלֵהֶם יוֹסֵף בַּיּוֹם הַשְּׁלִישִׁי
זֹאת עֲשׂוּ וִחְיוּ אֶת הָאֱלֹהִים אֲנִי יָרֵא:
---
Daily Tehillim – Psalms Chapters 108-118
Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will
sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken
the dawn.
4. I will thank You among the nations,
Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above
the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God,
[show] Your glory upon all the earth.
7. That Your beloved ones may be
delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would
exult, I would divide portions [of the enemies' land], I would measure the
Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and
Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my
shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city?
Who led me unto Edom?
12. Is it not God, Who has [until now]
forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary;
futile is the help of man.
14. Through God we will do valiantly, and
He will trample our oppressors.
Chapter 109
David composed this psalm while fleeing
from Saul. At that time he faced many enemies who, despite acting friendly in
his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm.
O God of my praise, be not silent.
2. For the mouth of the wicked and the
mouth of the deceitful have opened against me; they spoke to me with a false
tongue.
3. They have surrounded me with words of
hate, and attacked me without cause.
4. In return for my love they hate me;
still, I am [a man of] prayer.
5. They placed harm upon me in return for
my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an
adversary stand at his right.
7. When he is judged may he go out
condemned; may his prayer be considered a sin.
8. May his days be few; may another take
his position.
9. May his children be orphans and his
wife a widow.
10. May his children wander about and
beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he
has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him
kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may
their name be erased in a later generation.
14. May the iniquity of his fathers be
remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always,
and may He cut off their memory from the earth.
16. Because he did not remember to do
kindness, and he pursued the poor and destitute man and the broken-hearted, to
kill [him].
17. He loved the curse and it has come
upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment,
and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in
which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds
of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness]
with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my
heart has died within me.
23. Like the fleeting shadow I am
banished, I am tossed about like the locust.
24. My knees totter from fasting, and my
flesh is lean without fat.
25. And I became a disgrace to them; they
see me and shake their heads.
26. Help me, Lord, my God, deliver me
according to Your kindness.
27. Let them know that this is Your hand,
that You, Lord, have done it.
28. Let them curse, but You will bless;
they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in
humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with
my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the
destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of
Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat
the four kings). He tells of Abraham killing the mighty kings and their armies.
Read, and you will discover that the entire psalm refers to Abraham, who
merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my
master, "Sit at My right, until I make your enemies a stool for your
feet.”
2. The staff of your strength the Lord
will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on
the day of your campaign; because of your splendid sanctity from when you
emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not
regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has
crushed kings on the day of His fury.
6. He will render judgement upon the
nations, and they will be filled with corpses; He will crush heads over a vast
land.
7. He will drink from the stream on the
way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical
sequence, each verse containing two letters, save the last two verses which
contain three letters each. The psalm is short yet prominent, speaking of the
works of God and their greatness.
1. Praise the Lord! I will give thanks to
the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet]
available to all who desire them.
3. Majesty and splendor are His work, and
His righteousness endures forever.
4. He established a memorial for His
wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He
remembered His covenant always.
6. He has declared the power of His deeds
to His people, to give them the inheritance of nations.
7. The works of His hands are true and
just; all His mandates are faithful.
8. They are steadfast for ever and ever,
for they are made with truth and uprightness.
9. He sent redemption to His people, [by]
commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of
the Lord; sound wisdom for all who practice it-His praise endures forever.
Chapter 112
This psalm, too, follows alphabetical
sequence, each verse containing two letters, save the last two which contain
three letters each. It speaks of the good traits man should choose, and of how
to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man
who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the
earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house,
and his righteousness endures forever.
4. Even in darkness light shines for the
upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate
and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the
righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding;
his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not
fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth],
giving to the needy. His righteousness will endure forever; his might will be
uplifted in honor.
10. The wicked man will see and be angry;
he will gnash his teeth and melt away; the wish of the wicked will be ruined.
Chapter 113
This psalm recounts some of the wonders
of the exodus from Egypt.
1. Praise the Lord! Offer praise, you
servants of the Lord; praise the Name of the Lord.
2. May the Name of the Lord be blessed
from now and to all eternity.
3. From the rising of the sun to its
setting, the Name of the Lord is praised.
4. The Lord is high above all nations;
His glory transcends the heavens.
5. Who is like the Lord our God, Who
dwells on high
6. [yet] looks down so low upon heaven
and earth!
7. He raises the poor from the dust,
lifts the destitute from the dunghill,
8. to seat them with nobles, with the
nobles of His people.
9. He transforms the barren woman into a
household, into a joyful mother of children. Praise the Lord!
Chapter 114
This psalm explains why the tribe of
Judah merited kingship.
1. When Israel went out of Egypt, the
House of Jacob from a people of a foreign tongue,
2. Judah became His holy [nation],
Israel, His domain.
3. The sea saw and fled, the Jordan
turned backward.
4. The mountains skipped like rams, the
hills like young sheep.
5. What is the matter with you, O sea,
that you flee; Jordan, that you turn backward;
6. mountains, that you skip like rams;
hills, like young sheep?
7. [We do so] before the Master, the
Creator of the earth, before the God of Jacob,
8. Who turns the rock into a pool of
water, the flintstone into a water fountain.
Chapter 115
A prayer that God bring this long exile
to an end, for the sake of His Name-that it not be desecrated.
1. Not for our sake, Lord, not for our
sake, but for the sake of Your Name bestow glory, because of Your kindness and
Your truth.
2. Why should the nations say,
"Where, now, is their God?”
3. Indeed, our God is in heaven; whatever
He desires, He does.
4. Their idols are of silver and gold, the
product of human hands.
5. They have a mouth, but cannot speak;
they have eyes, but cannot see;
6. they have ears, but cannot hear; they
have a nose, but cannot smell;
7. their hands cannot touch; their feet
cannot walk; they can make no sound in their throat.
8. Those who make them will become like
them-all who put their trust in them.
9. Israel, trust in the Lord; He is their
help and their shield.
10. House of Aaron, trust in the Lord; He
is their help and their shield.
11. You who fear the Lord, trust in the
Lord; He is their help and their shield.
12. The Lord who is ever mindful of us,
may He bless: May He bless the House of Israel; may He bless the House of
Aaron;
13. may He bless those who fear the Lord,
the small with the great.
14. May the Lord increase [blessing] upon
you, upon you and upon your children.
15. You are blessed by the Lord, the
Maker of heaven and earth.
16. The heavens are the Lord's heavens,
but the earth He gave to the children of man.
17. The dead cannot praise the Lord, nor
any who descend into the silence [of the grave].
18. But we will bless the Lord from now
to eternity. Praise the Lord!
Chapter 116
This psalm contains magnificent praises
to God. It also describes David's love for God, in light of all the miracles He
performed for him. David does not know how to repay God, declaring it
impossible to pay back for all God has done for him.
1. I would love if the Lord would listen
to my voice, to my supplications;
2. if He would turn His ear to me on the
days when I call.
3. The pangs of death encompassed me and
the misery of the grave came upon me; I encounter trouble and sorrow.
4. I invoke the Name of the Lord,
"Lord, I implore you, deliver my soul!”
5. The Lord is gracious and righteous;
our God is compassionate.
6. The Lord watches over the simpletons;
I was brought low, and He saved me.
7. Return, my soul, to your tranquility,
for the Lord has bestowed goodness upon you.
8. For You have delivered my soul from
death, my eyes from tears, my feet from stumbling.
9. I shall walk before the Lord in the
lands of the living.
10. I had faith even when I declared,
"I am greatly afflicted";
11. [even when] I said in my haste,
"All men are deceitful.”
12. How can I repay the Lord for all His
beneficences to me?
13. I will raise the cup of deliverance
and proclaim the Name of the Lord.
14. I will pay my vows to the Lord in the
presence of all His people.
15. Grievous in the eyes of the Lord is
the death of His pious ones.
16. I thank you, Lord, that since I am
Your servant, I am Your servant the son of Your maidservant, You have loosened
my bonds.
17. To You I will bring an offering of
thanksgiving, and proclaim the Name of the Lord.
18. I will pay my vows to the Lord in the
presence of all His people,
19. in the courtyards of the House of the
Lord, in the midst of Jerusalem. Praise the Lord!
Chapter 117
This psalm of two verses alludes to the
Messianic era, when the Children of Israel will enjoy their former glory. All
will praise God, in fulfillment of the verse, "All will then call in the
Name of God."
1. Praise the Lord, all you nations;
extol Him, all you peoples.
2. For His kindness was mighty over us,
and the truth of the Lord is everlasting. Praise the Lord!
Chapter 118
This psalm describes David's immense
trust in God. It also contains many praises to God, Who has fulfilled that
which He has promised us.
1. Offer praise to the Lord for He is
good, for His kindness is everlasting.
2. Let Israel declare that His kindness
is everlasting.
3. Let the House of Aaron declare that
His kindness is everlasting.
4. Let those who fear the Lord declare
that His kindness is everlasting.
5. From out of distress I called to God;
with abounding relief, God answered me.
6. The Lord is with me, I do not
fear-what can man do to me?
7. The Lord is with me among my helpers,
and I will see [the downfall of] my enemies.
8. It is better to rely on the Lord than
to trust in man.
9. It is better to rely on the Lord than
to trust in nobles.
10. All the nations surrounded me, but in
the Name of the Lord I will cut them down.
11. They surrounded me, they encompassed
me, but in the Name of the Lord I will cut them down.
12. They surrounded me like bees, yet
they shall be extinguished like fiery thorns; in the Name of the Lord I will
cut them down.
13. You [my foes] repeatedly pushed me to
fall, but the Lord helped me.
14. God is my strength and song, and He
has been a help to me.
15. The sound of rejoicing and
deliverance reverberates in the tents of the righteous, "The right hand of
the Lord performs deeds of valor.
16. The right hand of the Lord is
exalted; the right hand of the Lord performs deeds of valor!”
17. I shall not die, but I shall live and
recount the deeds of God.
18. God has indeed chastised me, but He
did not give me up to death.
19. Open for me the gates of
righteousness; I will enter them and praise God.
20. This is the gate of the Lord, the
righteous will enter it.
21. I offer thanks to You, for You have
answered me, and You have been my deliverance.
22. The stone which the builders scorned
has become the chief cornerstone.
23. From the Lord has this come about; it
is wondrous in our eyes.
24. This is the day which the Lord has
made; let us be glad and rejoice on it.
25. We implore You, Lord, deliver us. We
implore You, Lord, grant us success.
26. Blessed is he who comes in the Name
of the Lord; we bless you from the House of the Lord.
27. The Lord is a benevolent God and He
has given us light; bind the festival offering with cords until [you bring it
to] the horns of the altar.
28. You are my God and I will praise You,
my God-and I will exalt You.
29. Praise the Lord for He is good, for
His kindness is everlasting.
---
Tanya
Likutei Amarim, end of Compiler's Foreword & Likutei Amarim, beginning of
Chapter 1
Tuesday, 23 Kislev 5774 / 26 November
2013 & Wednesday, 24 Kislev 5774 / 27 November 21, 2013
Likutei Amarim, end of Compiler's
Foreword
והנה אחר שנתפשטו הקונטריסים הנ״ל בקרב כל אנ״ש
הנ״ל בהעתקות רבות מידי סופרים שונים ומשונים
As the aforementioned pamphlets have been
distributed among all the Anash mentioned above, by means of numerous
transcriptions at the hands of sundry and diverse copyists,
הנה על ידי ריבוי ההעתקות שונות רבו כמו רבו
הטעויות סופרים במאוד מאוד
the multitude of transcriptions has given
rise to an exceedingly great number of textual errors.
As mentioned above, the words “sundry and
diverse (copyists)” may well allude to two kinds of errors — the intentional as
well as the innocent.
ולזאת נדבה רוחם של אנשים אפרתים הנקובים הנ״ל
מעבר לדף לטרוח בגופם ומאודם
Therefore the spirit of the noble men
mentioned on the previous page1 has generously moved them to make a personal
and financial effort
להביא את קונטריסים הנ״ל לבית הדפוס, מנוקים
מכל סיג וטעות סופר ומוגהים היטב
to have these pamphlets published,
cleared of all dross and copyists‘ errors (— another possible allusion to the
two types of errors mentioned above, with “dross” representing the forgeries),
and thoroughly checked.
ואמינא לפעלא טבא יישר חילא
I congratulate them on this worthy deed.
ולהיות כי מקרא מלא דבר הכתוב: ארור מסיג גבול
רעהו
Inasmuch as the verse states explicitly,2
“Cursed be he who encroaches on his fellow’s border,”
וארור בו קללה בו נידוי, חס ושלום וכו׳
and where the expression “cursed” is
used, it implies both damnation and excommunication,3 G‑d preserve us,
it is actually superfluous to add any further prohibition on violating the
copyright of the publishers.
על כן כיהודא ועוד לקרא קאתינא
I come therefore only to reinforce the
words of Scripture as [the Talmud cites] a mere practice in Judah in order to
reinforce an explicit Scriptural statement,4
למשדי גודא רבא על כל המדפיסים, שלא להדפיס
קונטריסים הנ״ל לא על ידי עצמן ולא על ידי גירא דלהון
invoking a strict prohibition on all
publishers against printing these pamphlets, either themselves or through their
agents,
בלתי רשות הנקובים הנ״ל
without the permission of the
above-named,
משך חמש שנים מיום כלות הדפוס
for a period of five years from the day
that this printing is completed.5
ולשומעים יונעם ותבוא עליהם ברכת טוב
May it be pleasant for those who comply,
and may they be blessed with good.
כה דברי המלקט לקוטי אמרים הנ״ל
These are the words of the compiler of
the aforementioned Likutei Amarim.
——— ● ———
FOOTNOTES
1. Referring
to the partners R. Shalom Shachna and R. Mordechai; see approbation of Rabbi
Zusya of Anipoli and footnote 11 there.
2. Devarim
27:17.
3. Shevuot
36a (in inverted order); and Rambam, Yad, Hilchot Sanhedrin 26:3.
4. Kiddushin
6a.
5. As
above, in the approbations: Tuesday, Parshat Ki Tavo, 5556.
Likutei Amarim, beginning of Chapter 1
תניא בסוף פרק ג׳ דנדה: משביעים אותו
We have learned (Niddah, end of ch. 3):1
“An oath is administered to him:
Before a Jew is born an oath is
administered to him in heaven, charging him:
תהי צדיק ואל תהי רשע, ואפילו כל העולם כולו
אומרים לך צדיק אתה היה בעיניך כרשע
‘Be righteous
and be not wicked; and even if the whole world judging you by your actions
tells you that you are righteous, regard yourself as wicked.’”
The soul of a Jew descends into a body
for a purpose — in order to fulfill a specific spiritual mission in this world.
To enable him to fulfill it a heavenly oath is administered to him that he “be
righteous and not wicked,” and concurrently, that he regard himself as wicked
and not righteous. The root (שׁבע) of the verb משׁביעים (“an oath is
administered”) is virtually identical with the root (שׂבע) of the verb משׂביעים
(“one causes [him] to be sated”). Accordingly, the oath charging him to be
righteous may also be understood to mean that the soul is thereby invested
(“sated”) with the power that enables it to fulfill its destiny in life on
earth.
וצריך להבין, דהא תנן אבות פרק ב׳ : ואל תהי
רשע בפני עצמך
This requires to be understood, for we
have learned in the Mishnah [Avot, ch. 2],2 “Be not wicked in your own
estimation.”
How, then, can we say that an oath is
administered to the soul that it regard itself as wicked, when this directly
contradicts the Mishnaic injunction not to regard oneself as wicked?3
וגם אם יהיה בעיניו כרשע ירע לבבו ויהיה עצב
Furthermore, if a person considers
himself wicked, he will be grieved at heart and depressed,
ולא יוכל לעבוד ה׳ בשמחה ובטוב לבב
and consequently will not be able to
serve G‑d joyfully and
with a contented heart;
Apart from the previously mentioned
contradiction from the Mishnah, an additional question is now raised. A
cardinal principle in the service of G‑d is that it be performed with joy — joy
at the privilege of serving Him either through performing a positive command or
by refraining from that which is prohibited. How then can one be required to
take an oath to consider himself wicked, when this will cause him to be
depressed, making it impossible for him to serve G‑d with joy?
Furthermore, just as the first part of
the oath, “Be righteous and be not wicked,” is vital to his success in
realizing his life’s mission, so too the fulfillment of the second part of the
oath, that he consider himself wicked, is imperative. How can this possibly be
so, when such an attitude hinders his joyful service of G‑d?
ואם לא ירע לבבו כלל מזה
while if his heart will not be at all
grieved by this self-appraisal,
I.e., if we should propose that in order
to fulfill the oath the person will indeed regard himself as wicked, but at the
same time will resolve that his wickedness shall not perturb him, so as not to
encumber his joyful service of G‑d,
יכול לבוא לידי קלות חס ושלום
he may be led to irreverence, G‑d forbid, by
such an attitude, with sin perturbing him not at all.
For although his original resolve that
being wicked will not perturb him stems only from his sincere desire to serve G‑d with joy, yet
such a resolution may very well lead to a situation where wickedness will truly
not disturb him.
אך הענין
However, the [above] matter will be more
clearly understood after a preliminary discussion of the true meaning of
“righteous” and “wicked”.
כי הנה מצינו בגמרא ה׳ חלוקות: צדיק וטוב לו,
צדיק ורע לו
We find in the Gemara4 five distinct
types: a righteous man who prospers, materially as well as spiritually — he
knows only good; a righteous man who suffers, in both a material as well as
spiritual sense: spiritually, he has not yet vanquished all his evil, and in
the material sense too he is wanting;
רשע וטוב לו, רשע ורע לו, ובינוני
a wicked man in whom there is some good
and who prospers; a wicked man who suffers spiritually and materially; and an
intermediate man — the Beinoni.
ופירשו בגמרא: צדיק וטוב לו — צדיק גמור
The Gemara explains: “the righteous man
who prospers” is the consummate lit., “complete” tzaddik;
Once he has achieved this level, physical
suffering — to cleanse the soul from the impurities of sin — is unnecessary; he
therefore prospers materially as well.
צדיק ורע לו — צדיק שאינו גמור
the “righteous man who suffers” is the
imperfect lit., “incomplete” tzaddik.
He therefore experiences some measure of
material suffering, thereby cleansing the soul while it is yet clothed in the
body, so that he will not have to endure any spiritual suffering in the World
to Come.
Accordingly, the Gemara is not referring
to two tzaddikim on the same spiritual level, one of whom prospers while the
other suffers; rather, it speaks of two distinct levels of tzaddikim. The
Gemara thus cites only two characterizations regarding the tzaddik —
“consummate” and “imperfect” (lit., “complete” and “incomplete”). The terms
“who prospers” or “who suffers” do not indicate his spiritual level: they
merely describe his resultant material status.
וברעיא מהימנא פרשת משפטים פירש: צדיק ורע לו
— שהרע שבו כפוף לטוב וכו'
In Ra‘aya Mehemna (Parshat Mishpatim)5 it
is explained that “the righteous man who suffers” is one whose evil nature is
subservient to his good nature.6
He is a tzaddik who still retains some
vestige of evil, albeit subservient to his good nature. Accordingly, a
“righteous man who prospers” is a tzaddik in whom there is only good, since he
has totally transformed his evil nature.
According to the Zohar (of which Ra‘aya
Mehemna is a part), the terms “who prospers” and “who suffers” also indicate
and describe the level of the tzaddik. The “tzaddik who prospers” is a tzaddik
in whom there is only good — the evil within him having already been
transformed to good; the “tzaddik who suffers” is a tzaddik of lower stature —
one who still harbors some evil.
However, we must now understand why
redundant titles are given to each level of tzaddik: “complete tzaddik” and
“tzaddik who prospers”; “incomplete tzaddik” and “tzaddik who suffers.” If the
“complete tzaddik” is the “tzaddik who prospers” (i.e., in whom there is only
good) and the “incomplete tzaddik” is the “tzaddik who suffers” (i.e., retains
a vestige of evil), why then is it necessary to give each tzaddik two
appellations?
The explanation provided further (in ch.
10) is that each descriptive term denotes a specific aspect of the divine
service of the tzaddik. The terms “complete tzaddik” and “incomplete tzaddik”
denote the level of service of the tzaddik’s G‑dly soul, i.e., the tzaddik’s love of G‑d, for it is by
virtue of this love that he is called “tzaddik.” The “complete tzaddik” is he
who has attained perfection in his love of G‑d in a manner of ahavah betaanugim (“love
of delights”) — the serene love of fulfillment. The tzaddik whose ahavah
betaanugim is as yet imperfect is called the “incomplete (or unperfected)
tzaddik.”
The terms “tzaddik who prospers” and
“tzaddik who suffers” denote the tzaddik’s status vis-à-vis his efforts in
transforming his animal soul to holiness. For the tzaddik, through his lofty
service of ahavah betaanugim, transforms the evil within him into holiness and
good. The designation “tzaddik who prospers” indicates that he has already
totally transformed the evil within him and now good alone remains, while the
“tzaddik who suffers” is one who has not yet managed to totally transform the
evil within him to good; a vestige of it still remains.
The explanations that follow make it
abundantly clear that the evil referred to here is no more than an amorphous
evil still harbored in the heart of the “incomplete tzaddik.” For the tzaddik
has no association with actual evil that manifests itself in thought or speech,
and most certainly not with the evil that finds expression in actions.
ובגמרא סוף פרק ט׳ דברכות: צדיקים יצר טוב שופטן
כו׳, רשעים יצר הרע שופטן
In the Gemara (end of ch. 9 of Berachot7)
[it is stated] that the righteous are “judged” i.e., motivated and ruled by
their good nature, their good nature having the final say; the wicked are
judged i.e., motivated and ruled by their evil nature, their evil nature having
the final say;
בינונים זה וזה שופטן וכו׳
intermediate men are “judged” by both the
good and evil nature.8
אמר רבה: כגון אנא בינוני. אמר ליה אביי: לא
שביק מר חיי לכל בריה וכו׳
Rabbah declared: “I, for example, am a
‘Beinoni’.” Said Abbaye to him, “Master, you make it impossible for any
creature to live.”
Abbaye argued thus: “If you are a
Beinoni, then all those on a lower level than you fall into the category of the
wicked, concerning whom our Sages say:9 ‘The wicked, even while alive, are
considered dead.’ By calling yourself a Beinoni you thus make it impossible for
anyone to live.”
ולהבין כל זה באר היטב
To understand all the aforesaid clearly
[an explanation is called for].
In addition to the question which will
soon follow — that according to the common conception of a Beinoni as a person
having half mitzvot and half transgressions, how could a great sage like Rabbah
mistake himself for a Beinoni — a further question is implied:
If a Beinoni is simply one having half
mitzvot and half transgressions, then his status is readily identifiable, and
there is no possible room for debate.
וגם להבין מה שאמר איוב בבא בתרא פרק א׳ : רבונו
של עולם, בראת צדיקים בראת רשעים כו׳
And also to understand the statement of
Job [Bava Batra ch. 1]10: “L‑rd of the Universe! You have created righteous men, You have created
wicked men,....”
והא צדיק ורשע לא קאמר
for He does not decree [which persons are
to be] righteous and wicked.
The Gemara11 relates that G‑d decrees that
a child about to be born will be wise or foolish, strong or weak, and so on.
However, whether the child will be righteous or wicked G‑d does not say:
this is not predetermined; rather, it is left to the individual’s free choice.
How, then, are we to understand Job’s
plaint, “You have created righteous men, You have created wicked men”?12
וגם להבין מהות מדריגת הבינוני
We must also understand the essential
nature (mahut) of the rank of the Beinoni.
The mahut of a tzaddik is righteousness;
the mahut of the wicked man is evil. What is the mahut — the essential nature —
of the Beinoni?
שבודאי אינו מחצה זכיות ומחצה עוונות, שאם כן
איך טעה רבה בעצמו לומר שהוא בינוני
He is certainly not one whose deeds are
half virtuous and half sinful; for if this were so, how could Rabbah err in
[classifying] himself as a Beinoni?
ונודע דלא פסיק פומיה מגירסא, עד שאפילו מלאך
המות לא היה יכול לשלוט בו
— when it is
known that his mouth never ceased studying [the Torah], so much so that even
the Angel of Death had no dominion over him.13
Such was Rabbah’s diligence that he did
not neglect his studies for even one moment. Qualitatively too, his learning
was on so high a plane that the Angel of Death was unable to overpower him.
ואיך היה יכול לטעות במחצה עוונות, חס ושלום
How, then, could he err in considering
that half his deeds were sinful, G‑d forbid?
ועוד, שהרי בשעה שעושה עונות נקרא רשע גמור
Furthermore, when can a person be
considered a Beinoni? For at the time one sins until he repents he is deemed
completely wicked,
ואם אחר כך עשה תשובה נקרא צדיק גמור
(and if he was sinful and then repented,
thus ceasing to be wicked, he is deemed completely righteous14).
ואפילו העובר על איסור קל של דברי סופרים מקרי
רשע, כדאיתא בפרק ב׳ דיבמות ובפרק קמא דנדה
Even he who violates a minor prohibition
of the Rabbis is termed wicked, as is stated in Yevamot, ch. 2,15 and in
Niddah, ch. 1.16
ואפילו מי שיש בידו למחות ולא מיחה נקרא רשע
בפרק ו׳ דשבועות
Moreover, even he who himself does not
sin, but has the opportunity to forewarn another against sinning and fails to
do so is termed wicked [Shevuot, ch. 617].
וכל שכן וקל וחומר במבטל איזו מצות עשה שאפשר
לו לקיימה
All the more so he who neglects any
positive law which he is able to fulfill,
כמו כל שאפשר לו לעסוק בתורה ואינו עוסק
for instance, whoever is able to study
Torah and does not do so,
שעליו דרשו רבותינו ז״ל: כי דבר ה׳ בזה וגו׳
הכרת תכרת וגו׳
to whom our Sages18 have applied the
verse,19 “Because he has despised the word of the L‑rd (i.e., the
Torah),.[that soul] shall be utterly cut off....”
ופשיטא דמקרי רשע טפי מעובר איסור דרבנן
It is thus plain that such a person is
called wicked, more so than he who violates a prohibition of the Sages.
ואם כן על כרחך הבינוני אין בו אפילו עון ביטול
תורה
This being so, we must conclude that the
Beinoni is not guilty even of the sin of neglecting to study Torah;
a sin most difficult to avoid, and
counted among those sins that people transgress daily.20
ומשום הכי טעה רבה בעצמו לומר שהוא בינוני
This is why Rabbah mistook himself for a
Beinoni.
Since a Beinoni is innocent even of
neglecting Torah study, Rabbah could [mistakenly] consider himself a Beinoni,
even though he scrupulously observed even the most minor commandments and never
ceased from his studies.
הגהה
ומה שכתוב בזהר חלק ג׳ דף רל״א: כל שממועטין
עונותיו וכו׳ —
NOTE
As for what is written in the Zohar III,
p. 231: “He whose sins are few [is classed as a ‘righteous man who suffers’],”
implying that even according to the Zohar
the meaning of a “righteous man who suffers” is one who does have sins, albeit
few; and if so, a Beinoni must be one who is in part virtuous and in part
sinful,
היא שאלת רב המנונא לאליהו
this is the query of Rav Hamnuna to
Elijah.
אבל לפי תשובת אליהו שם הפי' צדיק ורע לו הוא
כמ"ש בר"מ פרשה משפטים דלעיל
But according to Elijah’s answer [ibid.],
the meaning of a “righteous man who suffers” is as stated in Ra‘aya Mehemna on
Parshat Mishpatim, quoted above,21 i.e., that the “righteous man who suffers”
is one whose evil nature is subservient to his good nature.
ושבעים פנים לתורה
And the Torah has seventy facets (modes
of interpretation).22
The Rebbe notes that the words, “And the
Torah has seventy facets,” help us understand Rav Hamnuna’s query. It is
difficult to understand how Rav Hamnuna would even entertain the notion that a
“righteous man who suffers” is one who actually sins, inasmuch as all the
abovementioned questions clearly lead us to assume the opposite. Rav Hamnuna’s
query, however, was prompted only by the fact that “the Torah has seventy
facets,” and he thought that this was possibly one of these facets.
END OF NOTE
FOOTNOTES
1. Niddah
30b.
2. Avot
2:13.
3. The
apparent contradiction between the two statements is resolved in ch. 13. See
also chs. 14, 29 and 34.
4. Berachot
7a.
5. Zohar
II, 117b.
6. This
is an alternative interpretation of the words ורע לו which may be rendered
literally as “evil [belongs] to him”; i.e, he is master of the evil nature in
him.
7. 61b.
8. See
beginning of ch. 9, and ch. 13.
9. Berachot
18b.
10. Bava
Batra 16a.
11. Niddah
16b.
12. The
question is answered in ch. 14 and ch. 27.
13. See
Bava Metzia 86a.
14. The
Rebbe notes that although the Gemara in Kiddushin 49b indicates only that the
penitent sinner is considered a tzaddik, it is explicitly stated in Or Zarua,
sec. 112, that he is considered a tzaddik gamur.
15. 20a.
16. 12a.
17. 39b.
18. Sanhedrin
99a.
19. Bamidbar
15:31.
20. See
below, end of ch. 25.
21. Zohar
II, 117b.
22. Otiot
deRabbi Akiva; comp. Bamidbar Rabbah 14:12.
---
Rambam - Daily Mitzvah
P197, N234 & P142
Positive Commandment 197 (Digest)
Lending Money
"If you lend money to My people, the
poor among you"—Exodus 22:24.
We are commanded to lend money to the
impoverished, in order to help relieve them and ease their burden. This mitzvah
is even greater than that of giving charity; for one who has already reached
the point where he has to openly ask people for money is less bothered and
pained by [having to ask for assistance] than one who has not yet reached this
level. He therefore needs assistance to keep his situation from being known and
reaching such a level.
The 197th mitzvah is that we are
commanded to lend money to a poor person, in order to help him and to ease his
burden. This mitzvah is even greater and of more magnitude than that of giving
charity; for one who has already reached the point where he has to openly ask
people for money is less bothered and pained by this [having to ask for
assistance] than one who has not yet reached this level. He therefore needs
assistance to keep his situation from being known and reaching such a level.
The source of this commandment is G‑d's statement1
(exalted be He), "When you lend money to My people, to the poor man among
you..."
In the words of the Mechilta: "Every
time the Torah uses the word im ['if' or 'when'], it indicates an optional
mitzvah [i.e. 'if'] except for three" — one of the three being this verse,
"When you lend money to My people, to the poor man among you...."
Our Sages also said, "The verse
'When you lend money' constitutes an obligatory commandment. [The question is
asked:] You said its obligatory, but perhaps it is only optional? The Torah
therefore said,2 'Extend to him any credit he needs.' This indicates that it is
an obligation, not just an option."
The details of this mitzvah are explained
in many passages in tractate Kesuvos3 and in Bava Basra.4
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. Ex.
22:24.
2. Deut.
15:8.
3. 48a.
4. 8a.
Negative Commandment 234 (Digest)
Demanding Payment of a Loan from a
Destitute Borrower
"You shall not be to him as a
creditor"—Exodus 22:24.
It is forbidden to demand payment of a
debt from a borrower if the lender is aware that the borrower has not the means
to repay. It is even forbidden for the lender to pass before the borrower [lest
his presence, and therefore the acute awareness that he owes him money, shame
him].
Demanding repayment of a debt that
includes interest is also included in this prohibition.
The 234th prohibition is that we are
forbidden from demanding repayment of a loan when we know that the borrower is
unable to pay.
The source of this prohibition is G‑d's statement1
(exalted be He), "["When you lend money to My people, to the poor man
among you,] do not behave like a creditor toward him."
Our Sages said in tractate Bava Metzia:2
"What is the source for the law that when someone owes you a maneh and you
know that he does not have the money to repay you, that you are not even
allowed to walk in front of him? It is the verse, 'do not behave like a
creditor toward him.' " The Mechilta says: "The verse, 'do not behave
like a creditor toward him' teaches that you should not constantly be visible
to him."
You should be aware that this prohibition
includes asking for repayment of an interest-bearing loan. Our Sages therefore
said,3 "One who lends money with interest also transgresses G‑d's statement
(exalted be He), 'do not behave like a creditor toward him,' as explained
below.4
FOOTNOTES
1. Ex.
22:24.
2. 75b.
3. Bava
Metzia 5:11.
4. See
N237.
Translation of (the unabridged text of)
Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal
and director of Teacher Training for the Jewish Learning Institute.
Positive Commandment 142 (Digest)
Collecting Loans from Gentiles
"From the foreigner you shall pursue
a debt"—Deuteronomy 15:3.
We are commanded to press a gentile to repay
a debt that he owes us, and not to have mercy on him [and give him an
extension]—as we are commanded regarding a Jew.
[This commandment only applies to a
gentile who has not accepted upon himself the observance of the Seven Noahide
Laws.]
The 142nd mitzvah is that we are
commanded to demand and to put pressure on a non-Jew to repay his debts;
contrary to our commandment to have pity on a Jew and the prohibition against
demanding repayment.1
The source of this commandment is G‑d's statement2
(exalted be He), "You shall collect from a non-Jew."
In the words of the Sifri: "The
verse 'You shall collect from a non-Jew,' constitutes a positive
commandment."
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. N234
above.
2. Deut.
15:3.
Translation of (the unabridged text of)
Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal
and director of Teacher Training for the Jewish Learning Institute.
---
Rambam - 1 Chapter a Day
Tum'at Tsara`at Chapter 14 & Tum'at
Tsara`at Chapter 15
Chapter 14
Halacha 1
Houses with tzara'at blemishes are deemed
impure when the blemishes are the length of two grisim. Thus the width of the
blemish is approximately the size of a place where six hairs grow on the body
and its length is a place for 12 hairs. It must be rectangular. Any blemish on
a house smaller than this measure is pure. All of the measures are halachot
transmitted to Moses at Sinai.
Halacha 2
There are three distinguishing marks of
impurity for tzara'at in houses: an intense green or intense red appearance and
the spreading of the affliction. These are all explicitly mentioned in the
Torah.
The two abnormal appearances can be
combined with each other. If a blemish spreads to the place immediately
adjacent to it, even the slightest spread is considered a sign of impurity. If
it spreads to a distant place, the new blemish must be a gris. When a blemish
returns after the house is plastered, it must be two grisim.
Halacha 3
Blemishes on buildings do not impart
impurity until the abnormal appearance is seen below the surface of the wall,
as implied by the term shika'rurot, interpreted as meaning "sunk in the
walls," used by Leviticus 14:37. A blemish with either of these two
appearances causes the building to be isolated or definitively deemed impure.
If it increases in size, it should be torn down and if it spread after it was
replastered, the entire house must be torn down, as will be explained.
Halacha 4
When a blemish appears in a house, even a
sage who knows that it is definitely a blemish should not definitively say:
"A blemish appeared in my house." Instead, he should tell the priest,
"It appears that a blemish appeared in my house. The priest will then
issue an order to remove everything from the house, even bundles of wood and
bundles of reeds. Afterwards, the priest will come and inspect the blemish.
Halacha 5
We do not open windows in a closed house
to inspect its blemishes. Instead, if a blemish is not visible in its present
state, it is pure.
After a priest will inspect a blemish, he
should depart and stand at the entrance to the house, near the lintel and
either isolate, deem definitively impure, or release the house from the
inspection process, as ibid.:38 states: "And the priest shall leave the
house, going to its entrance... and he shall isolate the house." He should
not isolate a house while he is in his own house, in the blemished house, or
under its lintel. Instead, he should stand at the side of its entrance. If he
stood under the lintel or went to his own house and isolated a house, it is
isolated. with stones, earth, and wood, for Leviticus 14:45 mentions: "its
stones, its wood, and its earth." If, however, it is less than four cubits
by four cubits, it is round, triangular, or pentagonal, it was built on a ship
or suspended on four beams, it is not susceptible to the impurity stemming from
a blemish. If it was built on four pillars, it is susceptible to the impurity
stemming from a blemish.
Halacha 7
How many stones must be in a house? No
less than eight, two stones on each wall so that every wall would be fit to
have a blemish. For a house it is not susceptible to the impurity stemming from
a blemish unless a blemish the size of two grisim appears on two stones, as
indicated by Leviticus 14:40 which mentions: "the stones in which the
blemish is located."
How many boards must it contain? Enough
to place under the lintel. How much earth? Enough to place between one broken
stone and another. If a house contained less than these measures, it is not
susceptible to the impurity stemming from a blemish.
Halacha 8
Neither bricks nor marble are considered
as stones in this context. When there is a house that one of its walls is
coated with marble, another is made from a boulder, the third, of stones, and
the fourth, from earth, it is not susceptible to the impurity stemming from a
blemish.
Halacha 9
When a house did not have the required
measure of stone, wood, and earth and a tzara'at blemish was discovered in it
and then additional stones, wood, and earth was brought for it, it is pure.
Halacha 10
When plants were used as the covering for
a house, they are considered as a permanent part of it. Since they are serving
the purpose of wood, they are considered as wood. If the house becomes impure,
they contract the severe impurity associated with it, as will be explained.
Halacha 11
Houses located in Jerusalem and the
Diaspora are not susceptible to the impurity stemming from blemishes, as
implied by Leviticus 14:34: "in a house in the land of your ancestral
heritage." Jerusalem is thus excluded, because it was not divided among
the tribes. The houses of gentiles in Eretz Yisrael are not susceptible to the
impurity stemming from blemishes.
Halacha 12
When one purchases houses from gentiles,
they should be given an initial inspection.
Halacha 13
When a gentile lives on one side of a house
and a Jew on the other side or one side of a house was in Eretz Yisrael and the
other in the Diaspora, it is not susceptible to the impurity stemming from
blemishes. All other buildings in Eretz Yisrael are susceptible to the impurity
stemming from blemishes. This applies regardless of whether they were colored
naturally or colored because of human activity.
Halacha 14
The house of a woman, a house belonging
to partners, a synagogue or a house of study that has a dwelling for attendants
or students is susceptible to the impurity stemming from blemishes.
Halacha 15
The walls of a feeding stall and the
walls of a partition in a house are not susceptible to the impurity stemming
from blemishes.
Chapter 15
Halacha 1
There is an isolation period of three weeks,
i.e., nineteen days, for blemishes on houses. For the seventh day counts for
the first and the second week and the thirteenth day counts for the second and
the third week. Thus if three weeks are necessary, an inspection is made on the
seventh day, the thirteenth day, and the nineteenth day. The isolation of a
house for three weeks is not explicitly mentioned in the Torah. Similarly, most
of the laws applying to blemishes on houses were conveyed by the Oral
Tradition.
Halacha 2
The explicit laws pertaining to them that
are stated in the Torah and the Received Tradition are as follows: When a
priest comes to see a intense green or intense red blemish that is sunk beneath
the surface on the wall of a dwelling, as we explained, he should isolate the
house for seven days. Even if at the outset, it was entirely intense green or
intense red, he should isolate it. On the seventh day, he should inspect it. If
the blemish faded or, needless to say, if it disappeared, he should scrape away
the place of the blemish and the house is deemed pure.
If its color remained, but it did not
spread, it should be isolated for another week and inspected on the thirteenth
day. If it faded or, needless to say, if it disappeared, he should scrape away
the place of the blemish and purify the house with fowl.
If, at the end of the second week, he
discovered that the blemish had spread or retained its color, he should remove
the stones on which the blemish had been manifest, scrape off the mortar that
had supported them and deposit it outside the city. He should plaster the
entire house and isolate it for a third week.
On the nineteenth day, he should inspect
it. If the blemish returned and comprised two grisim, this is considered to be
spreading after plastering and the entire house should be destroyed. If the
blemish did not return, he should purify the house with fowl. If, however, at
any time before it is purified with fowl, the blemish returns, the house should
be destroyed. If another blemish appears in the house after it was purified, it
should be inspected as if for the first time.
Similarly, if the blemish spread at the
end of the first week, he should remove the stones on which the blemish had
been manifest, scrape off the mortar that had supported them and deposit it outside
the city. He should plaster the entire house and isolate it for a second week.
Afterwards, he should inspect it. If the blemish returned and comprised two
grisim, this is considered to be spreading after plastering and the entire
house should be destroyed. If the blemish did not return, he should purify the
house with fowl. If, however, at any time before it is purified with fowl, the
blemish returns, the house should be destroyed. If another blemish appears in
the house after it was purified, it should be inspected as if for the first
time.
Halacha 3
When the priest removes the stones on
which the blemish was found, he should not remove less than two stones. He may
not take stones from one side of the house and bring them to the other, for
Leviticus 14:42 states: "And they shall take other stones." Similarly,
he may not take mortar from one side of the house and bring it to the other,
for that verse states: "And he shall take other mortar and plaster the
house."
He may not plaster the house with lime,
only with mortar, for the verse states: "And he shall take other
mortar." He should not bring one larger stone in place of two that he
removed or two smaller stones in place of one that he removed. Instead, he
should bring two in place of two. He may, however, bring two in place of three.
Halacha 4
If there was a blemish on a wall between
one person's house and another's, they both must remove the stones; they both
must scrape away the mortar, and they both must bring other stones. The owner
of the blemished house alone brings the new mortar, as implied by Leviticus
14:42 states: "And he shall take other mortar and plaster the house."
From the use of a singular form, we learn that his neighbor does not join with
him in the plastering.
Halacha 5
The following laws apply when there is a
blemish on a stone in the corner of a house. When the owner removes the stone,
he removes it entirely. If he must destroy the house, he must destroy only his
own and leave his neighbor's. There is an unresolved question if the part of
the stone that projects into his neighbor's house is considered as a handle to
his stone and brings impurity to it.
Halacha 6
When a blemish was discovered in a house
and there was a loft built over it, the beams of the ceiling should be left for
the loft. If it was discovered in the loft, the beams should be left for the
house. If there was no loft on top of it, all of its stones, wood, and mortar
are destroyed with it. The partitions on the roof and the lattice of the
windows may be saved.
Halacha 7
When a person takes stones from a house
that had been isolated and builds them into a house that is pure, if the
blemish returns to the house that had been isolated, he should remove those
stones from the pure house. If the blemish appears on the stones that he added,
the isolated house should be destroyed and the second house isolated, as is the
law with regard to a house on which a blemish is first discovered.
Halacha 8
How is a house on which there was a
blemish purified after the stones were removed and it was plastered? One should
bring "living water" in an earthenware container, two fowl, a cedar
branch, a hyssop, a crimson strand, like the purification of a man in every
respect. The difference is in the purification process of a man, one sprinkles
the blood seven times on the back of the hand of the afflicted person. And in
the purification process of a house, one sprinkles the blood seven times on the
lintel of the house from the outside. The remainder of the practices are the
same.
---
Rambam - 3 Chapters a Day
Malveh veLoveh Chapter 1, Malveh veLoveh
Chapter 2, Malveh veLoveh Chapter 3 & Malveh veLoveh Chapter 4, Malveh
veLoveh Chapter 5, Malveh veLoveh Chapter 6
Chapter 1
HILCHOT MALVEH V'LOVEH
THE LAWS PERTAINING TO LENDERS AND
BORROWERS
They contain twelve mitzvot: four
positive commandments and eight negative commandments. They are
1) to lend to a poor and destitute
person;
2) not to press him for collection
3) to press a gentile for collection of a
debt he owes;
4) not to forcibly take collateral from a
borrower;
e to return collateral to its owner when
he requires it;
5) not to delay giving the collateral to
the poor man who owns it when he requires it;
6) not to take collateral from a widow;
7) not to take utensils used to prepare
food as collateral;
8) that a lender should not loan at
interest;
9) that a borrower should not take a loan
given at interest;
10) that no one should be involved with
the lender and the borrower of a loan given at interest - not to serve as a
witness between them, not to draw up a promissory note, nor to serve as a
guarantor;
11) to borrow and lend money to a gentile
at interest.
These mitzvot are explained in the
following chapters.
Halacha 1
It is a positive commandment to lend
money to the poor among Israel, as Exodus 23:24 states: "If you will lend
money to My nation, to the poor among you." Lest one think that this is a
matter left to the person's choice, it is also stated Deuteronomy 15:8:
"You shall certainly loan to him."
This mitzvah surpasses the mitzvah of
charity given to a poor person who asks for alms. For the latter person had
already been compelled to ask, and this one has not yet sunk that low. Indeed,
the Torah is very severe with regard to a person who does not lend money to a
poor person, stating Ibid.:9: "Beware lest there be a defiant thought in
your heart... and you look badly upon your poor brother and you not give
him."
Halacha 2
Whenever a person presses a poor person
for payment when he knows that he does not have the means to repay the debt, he
transgresses a negative commandment, as Exodus 22:24 states: "Do not act
as a creditor toward him." It is, by contrast, a positive mitzvah to press
a gentile for payment and to cause him exasperation, as Deuteronomy 15:3
states: "Press a gentile for payment." According to the Oral
Tradition, we have learned that this is a positive commandment.
Halacha 3
It is forbidden for one to appear before
a person who owes him money when he knows that the debtor does not have the
means to repay the debt. It is even forbidden to pass before him, lest one
frighten him or embarrass him, even though one does not demand payment.
Needless to say, this applies if he demands payment.
Just as it is forbidden for a creditor to
demand payment; so, too, it is forbidden for a lender to withhold money that he
possesses due a colleague, telling him: "Go and return," as Proverbs
3:28 states: "Do not tell your colleague: 'Go and return.'"
Similarly, it is forbidden for a lender
to take a loan and use it when it is unnecessary and lose it, leaving his
creditor without a source to collect the debt. This applies even if the owner
is very wealthy. A person who acts in this way is wicked, as Psalms 37:21
states: "A wicked man borrows and does not pay." Our Sages commanded:
"Treat money belonging to your colleague as dearly as your own."
Halacha 4
When a lender demands payment of a loan -
even if he is wealthy and the borrower is in a pressing situation and struggles
to support his family - we are not merciful in judgment. Instead, we
expropriate all the movable property" that the person owns to pay the last
penny of the debt. If the movable property he owns is not sufficient, we
expropriate the landed property after issuing a ban of ostracism against any
person who possesses movable property or knows of movable property he possesses
and does not bring it to court.
We expropriate all the landed property
the borrower possesses, even if it is on lien to the ketubah of the borrower's
wife or to another creditor with a prior lien. We expropriate it for this
creditor. If ultimately, the person with the prior lien will come to claim the
property, he may expropriate it from the creditor to whom it was given.
If the lender claims that the movable
property in his domain does not belong to him, but instead was entrusted to
him, rented by him, or lent to him, we do not heed his words. He must prove his
statements or the property will be expropriated by the creditor.
Halacha 5
A creditor may not collect his due by
expropriating the wardrobe of the debtor's wife or his sons, not from colored
garments that were dyed for them even though they have not worn them yet, nor
from new sandals that were purchased for them. These belong to the wife and the
children themselves. When does the above apply? With regard to their weekday
garments. The creditor may, by contrast, expropriate their Sabbath and festival
garments. Needless to say, if they own rings or golden or silver ornaments,
they must all be given to the creditor.
Halacha 6
The following rules apply when a borrower
owned movable property or landed property, but also had outstanding promissory
notes owed to gentiles. If he says: "All of my property is on lien to
gentiles; if Jews take the property as payment for their debts, the gentiles
will imprison me because of the debts I owe them, and I will be in
captivity," my teachers have ruled that his words are not heeded, and the
Jews are granted the right to expropriate his property. If the gentiles come
and imprison him, all of Israel is commanded to redeem him.
Halacha 7
We allow a debtor consideration in the
same manner that consideration is granted to a person who makes a pledge to the
Temple treasury and is unable to pay it.
What is implied? The court tells the
borrower: "Bring all the movable property that you own; don't leave
anything, not even a needle."
After he brings his possessions, we give
him from everything that he has brought:
a) food for 30 days;
b) clothing for 12 months that is
appropriate for him - he should not wear silk clothes or a hat crowned with
gold; instead, such garments are taken away from him and he is given
appropriate garments for 12 months;
c) a couch to sit on and a bed and a
mattress to sleep on; if he is a poor man, he is given a bed and a straw
mattress to sleep on. These articles are not given to his wife or to his
children, despite the fact that he is obligated to provide them with
sustenance.
The borrower is also given his sandals
and his tefillin. If he is a craftsman, he is given two of the tools of his
craft of every type necessary. For example, if he is a carpenter, he is given
two awls and two planes. If he has many types of one utensil and only one of
another, he is granted two of the utensil of which he possesses many, and all
that he owns of that he possesses one. We do not purchase other tools for him
from the sale of those many tools.
Although the borrower is a farmer or a
donkey driver, we do not grant him his team of oxen or his donkey. Similarly,
if he is a sailor, we do not give him his ship, even though these are his only
sources of livelihood. The rationale is that these articles are not considered
utensils, but rather property. They should be sold with the other movable
property in court and the proceeds given to the creditor.
Halacha 8
The following law applies when a creditor
comes to expropriate payment outside the presence of the borrower - e.g., the
borrower journeyed to a distant country. If the borrower's wife seized
possession of movable property belonging to her husband to sell so that she
could derive her livelihood from it, it is expropriated from her and given to
the creditor. The rationale is that even if her husband were present, he would
not be entitled to provide for the sustenance of his wife and sons until he
paid his debt in its entirety.
Chapter 2
Halacha 1
According to Scriptural Law, when a
creditor demands payment of his debt, and the debtor possesses some property,
consideration is granted to the debtor and the remainder of the possessions are
granted to the creditor, as explained.
If no property belonging to the debtor is
found or only those items that are granted to him in consideration are found,
the debtor is enabled to go free.
We do not imprison him, nor do we tell
him: "Bring proof that you are poor." We do not require him to take
an oath that he has no possessions as the gentile legal process does. All of
the above is included in the prohibition (Exodus 22:24): "Do not act as a
creditor toward him." Instead, we tell the creditor: "If you know
that this person who owes you money possesses property, go and seize it."
Halacha 2
If the creditor claims that the debtor
possesses property, but is hiding it, and it is present within his home,
according to law it is not proper for either the creditor or an agent of the
court to enter his home to seize the property. Indeed, the Torah warned
concerning this saying Deuteronomy 24:11: "Stand outside." We do,
however, issue a ban of ostracism against anyone who owns property and does not
give it to his creditor.
When, however, the Geonim of the early
generations who arose after the compilation of the Talmud saw that the number
of deceitful people had increased and the possibility of obtaining loans was
diminishing, they ordained that a debtor who claims bankruptcy should be
required to take a severe oath, comparable to a Scriptural oath, administered
while he is holding a sacred article, that he does not possess any property
aside from what he is given in consideration, that he has not hidden his
property in the hands of others, or given the property to others as a present
with the intent that it be returned.
He should include in the oath that any
profit he makes and everything that comes into his possession or domain which
he acquires, he will not use to provide sustenance, clothing, or care for his
wife or children, that he will not give any person in the world a present.
Instead, he will take from everything that he earns food for 30 days and
clothing for 12 months that is appropriate for him - not the food of gluttons
or drunkards, nor that enjoyed by the sons of royalty, and not the garments of
the officers of the royal court, but food and clothing that is commonplace for
him." Anything beyond his needs, he should give to his creditor little by
little until he pays his entire debt. Before the oath is administered, a ban of
ostracism is issued against anyone who knows that so and so possesses property
that is either revealed or hidden and does not inform the court.
Even after this oath was ordained,
neither a creditor nor an agent of the court is allowed to enter the house of
the debtor. For an ordinance was not instituted to uproot the Torah's laws
themselves. Instead, the debtor himself must bring out his utensils or say:
"This and this is what I possess." We leave him what is appropriate
for him, expropriate the rest and have him take the oath ordained as described
above. This is the legal process among the Jewish community in all places.
If the debtor was seen with property
after having taken this oath, and he tries to excuse himself, claiming that it
belongs to others or that it was given to him as an investment, we do not
accept his statements unless he brings proof. My teachers ruled in this manner.
Halacha 3
When a person takes this oath that he is
bankrupt and all that he earns will be given to his creditors, he may not be
required to take this same oath by all of his creditors. Instead, one oath
applies to all the creditors. The rationale is that this is an ordinance
instituted by the later sages, and we are not precise in applying it
stringently. On the contrary, we are lenient.
Halacha 4
An exception to the above practice is
made with regard to a person who has established a reputation for being poor
and virtuous, and conducts himself in a trustworthy manner, and this is known
to the judges and the majority of the people. If a creditor comes and seeks to
make this person take the oath mentioned above, and it can be presumed that the
plaintiff has no doubt about the debtor's state of poverty, but instead wishes
to cause him exasperation with this oath, to torment him and to embarrass him
publicly, to take revenge upon him or to force him to borrow money from
gentiles or take property belonging to his wife to pay this creditor and
absolve himself from taking this oath, it appears to me that it is forbidden
for a God-fearing judge to have this oath administered. If he does administer
this oath, he violates the Scriptural prohibition: "Do not act as a creditor
toward him."
Moreover, the judge should reproach the
creditor and castigate him, for he is bearing a grudge and acting according to
the reckless whims of his heart. Our Sages instituted this ordinance only
because of deceitful people, as implied by Deuteronomy 22:2: "Until your
brother seeks it out," which can be interpreted to mean: Seek out whether
your brother is deceitful or not. In this instance, since it is established
knowledge that this person is poor and that he is not deceitful, it is forbidden
to require him to take this oath.
Similarly, when it is established
knowledge that a person is deceitful and he deals corruptly in financial
matters, we presume that he possesses financial resources although he claims to
be bankrupt, and he is eager to take this oath. I maintain that it is not
appropriate to require him to take the oath. Instead, if it is possible for the
judge to compel him to make restitution to his creditor or to place him under a
ban of ostracism until he makes restitution, he should do so. The rationale is
that he is presumed to possess financial resources, and paying a creditor is a
mitzvah.
The general principle is: Whenever a
judge performs one of these activities with the sole intent of pursuing
justice, as we have been commanded to, without intending to favor either of the
litigants in judgment, he has that authority, and he will receive a reward for
his efforts, provided that they are carried out for the sake of heaven.
Halacha 5
Whenever a person is obligated to take
this oath because of a promissory note that he is liable for, he admitted owing
money to other people, and he was able to amass more property than the minimum
amount allotted to him, this extra amount should be given only to the creditors
who possess promissory notes. The rationale is that we suspect that the debtor
may be conspiring to perpetrate deception by making an admission of a debt
concerning this property.
Halacha 6
When Reuven owes Shimon 100 zuz and Levi
owes Reuven 100 zuz, we should expropriate the money from Levi and give it to
Shimon.
Therefore, if Reuven does not possess any
property, but has promissory notes owed to him by Levi, those promissory notes
are given to Shimon to collect. Accordingly, if Levi claims that the promissory
note was given on faith or that it had already been paid, even though Reuven
acknowledges the truth of Levi's statement, his admission is of no consequence.
The rationale is that we fear that they may be conspiring to perpetrate
deception to cause Shimon to lose his right to the money owed by Levi. Instead,
Shimon may take an oath and expropriate the money from Levi. This is the law
that applies to anyone who expropriates property; he may do so only after
taking an oath.
Similarly, the following law applies to
any person against whom there is an outstanding promissory note, who admits
owing money to another person on his own initiative. If he does not possess
enough property to pay both debts, the person with the promissory note alone is
entitled to collect his due. This is ordained, because we suspect that they may
be conspiring to perpetrate deception to undermine the power of the person's
promissory note.
Halacha 7
It is forbidden for one to lend money -
even to a Torah scholar - without having witnesses observe the transaction
unless the lender receives an article as collateral. It is even more
commendable to have the loan supported by a promissory note.
Whenever a person gives a loan without
having witnesses observe the transaction, he transgresses the prohibition
(Leviticus 19:14): "Do not place a stumbling block before the blind"
and brings a curse upon himself.
Halacha 8
When a master borrows money from his
servant and afterwards frees him, he is not liable to him at all. The same laws
apply when a husband borrows from his wife. The rationales are that everything
that a servant acquires becomes acquired by his master, and any money that is
in a woman's possession is assumed to belong to her husband, unless she brings
proof that it comes from her dowry.
Chapter 3
Halacha 1
Collateral may not be taken from a widow,
whether she is rich or poor, whether it is taken at the time the loan is given,
or after the time the loan is given, as Deuteronomy 24:17 states: "You
shall not take the garment of a widow as collateral." This prohibition
applies even when the court would supervise the matter.
If a creditor takes such collateral, it
must be returned, even against his will. If the widow admits the debt, she must
pay. If she denies its existence, she must take an oath. If the security the
creditor took became lost or was consumed by fire before he returns it, he is
punished by lashes.
Halacha 2
Similarly, whenever a person lends money
to a colleague - whether he offers the loan in exchange for collateral, he
takes collateral after the loan was given, or the collateral was given him by
the court - he should not take utensils that are used for making food - e.g., a
mill, kneading troughs, large cooking pots, a knife used for ritual slaughter
or the like - as Deuteronomy 24:6 says: "Do not take as collateral... for
one is taking a life as collateral."
If a creditor takes such collateral, it
must be returned, even against his will. If the security he took became lost or
was consumed by fire before the creditor returns it, he is punished by lashes.
Halacha 3
When a person takes several utensils that
are used to produce food - e.g., he took a kneading trough, a pot and a knife -
he is liable for each utensil independently. Even if he took two utensils that
are used for the same activity, he is liable for taking two utensils and is
given lashes for taking each of them.
This is implied by the,verse cited above,
which mentions taking "a lower millstone and an upper millstone."
This indicates that he is liable for each of the millstones independently. Just
as the upper millstone and the lower millstone are two utensils that serve a
single purpose, and the person is liable for each one independently; so, too, a
person is liable for any other two utensils independently even though they
serve the same purpose. Similarly, if he takes as collateral a yoke for oxen
that plow, he is liable for two transgressions.
Halacha 4
When a person gives a loan to a colleague
- whether the borrower is rich or poor - he should not take security himself.
Instead, he should charge the court with this responsibility.
Moreover, even an agent of the court who
comes to collect security should not enter the borrower's house to collect the
security. Instead, he should stand outside. The borrower should go into his own
house and bring out the security for him, as Deuteronomy 24:11 states:
"You shall stand outside." 3
If so, one might ask: What is the difference
between the creditor himself and the agent of the court? The agent of the court
may take the security from the borrower by force and give it to the lender. The
creditor himself, by contrast, may not take the security unless it is willingly
given him by the borrower.
If the creditor transgressed and entered
the house of the borrower and took security, or took collateral away from him
by force, he is not punished by lashes. The rationale is that the prohibition
can be corrected by the performance of a positive commandment, as Ibid.: 13
states: "You shall certainly return the security to him before the setting
of the sun."
If he did not fulfill the positive
commandment concerning it - e.g., the collateral became lost or was consumed by
fire - he is punished by lashes. In such an instance, the creditor should
calculate the value of the collateral, subtract it from the debt, and lodge a
suit for the remainder.
Halacha 5
When a person takes collateral from a
colleague, whether through the medium of the court, or he personally takes it
from him either by force or by consent of the lender he is not always entitled
to maintain possession. If the borrower is poor and the creditor took as
collateral an article that the borrower needs, he is commanded to return the
collateral to the borrower at the time that the borrower needs it. For example,
he should return a pillow at night for him to sleep on it and a plow during the
day for him to work with. This is implied by Deuteronomy 24:13: "You must
certainly return the collateral."
If the creditor transgressed and did not
return to him a utensil to be used by day during the day, or a utensil to be
used at night during the night, he transgresses a negative commandment, as
ibid.:12 states: "Do not sleep with his collateral." This means: "Do
not go to sleep while his collateral is in your possession"; this refers
to a garment worn at night. With regard to articles that he wears or uses to
perform work during the day, Exodus 22:25 states: "Until the setting of
the sun, return it to him" - this teaches that he must return it to him
throughout the day.
If the creditor must return the
collateral to the debtor when he needs it, and may take it only when he does
not need it, of what benefit is the collateral to him?
a) So that the debt will not be nullified
in the Sabbatical year;
b) So that the collateral will not be
considered part of the movable property inherited by the debtor's sons.
Instead, the creditor may take payment from the collateral after the borrower
dies.
Thus, a person who takes an object as
collateral from a poor person who needs it and fails to return it at the
appropriate time violates three commandments: "You shall not enter his
house," "You must certainly return the collateral," and "Do
not sleep with his collateral."
When does the above apply? When he took
the collateral at a time other than the time the loan was given. If, however,
he took the collateral from the debtor at the time the loan was given, he does
not transgress these prohibitions.
Halacha 6
An agent of the court who comes to take
collateral should not take articles that a person cannot give as collateral -
e.g., the garment he is wearing, the utensils with which he eats, or the like.
He should leave a bed and a mattress for a rich man, or a bed and a straw mattress
for a poor man. Whatever possessions the debtor has besides these should be
taken as collateral. The creditor will then return to him an article used by
day during the day, and an article used at night during the night.
If the debtor has two of a particular
article, the creditor may take one, but must return the other.
Until when is the creditor obligated to
return the collateral and then take it again? Forever. If, however, the
collateral was an article that the debtor did not need, nor an article that is
left for a debtor, the creditor must keep it for 30 days. Afterwards, he may
sell the collateral in a court of law.
If the debtor dies, the creditor is not
required to return the collateral to his sons. If the debtor dies after the
collateral was returned to him, the creditor may pull it away from his sons and
does not have to return it to them.
Halacha 7
A creditor may take collateral from a
guarantors" by force. He may enter the guarantor's house and take the
collateral, as Proverbs 20:16 states: "Take his garment, because he
guaranteed a stranger."
Similarly, a person who is owed a fee by
a colleague - whether it be his own wages, a fee for his animal or his
utensils, or rent for his house - may take collateral without consulting the
court. He may enter his home and take collateral in lieu of his fee. If,
however, he considered the fee as a loan, this is forbidden, as implied by
Deuteronomy 24:10: "When you extend a loan of any type...."
Halacha 8
The following rules apply with regard to
a person who has in his possession collateral belonging to a poor person. If
the fee for the rental of that article is more than the depreciation of the
collateral - e.g., an ax, a large saw, or the like - it is permitted for him to
rent it out and continually deduct the money he receives as its fee. This is
like returning a lost object to its owner. He need not ask the owner for
permission.
Chapter 4
Halacha 1
Neshech and marbit are one in the same,
as Leviticus 25:37 states: "Do not give him your money with neshech and do
not put forth your food at marbit." And further on, Deuteronomy 23:20
speaks of: "Neshech from money, neshech from food, neshech from any
substance that will accrue."
Why is interest called neshech? Because
it bites. It causes pain to one's colleague and consumes his flesh. Why did the
Torah refer to it with two terms? So that one would commit a twofold
transgression when violating this prohibition.
Halacha 2
Just as it is forbidden to give a loan at
interest; so, too, it is forbidden to borrow at interest, as Deuteronomy,
ibid., states: "Do not offer interest to your brother." According to
the Oral Tradition, we learned that this is a warning to the borrower.
Similarly, it is forbidden to act as a
broker between the borrower and the lender when interest is involved. Anyone
involved, a guarantor, a scribe or a witness transgresses a negative
commandment, as Exodus 22:24 states: "Do not lay interest upon him."
This is a warning against the witnesses, the guarantor and the scribe.
Thus, we see that a person who offers a
loan at interest violates six prohibitions:
"Do not act like a creditor toward
him," "Do not give him your money with neshech" "Do not put
forth your food at marbit" "Do not take neshech and tarbit from
him" (Leviticus 25:36), "Do not lay interest upon him," and
"Do not place a stumbling block in front of the blind" (Leviticus
19:14).
A person who borrows at interest violates
two prohibitions: "Do not offer interest to your brother." "Do
not place a stumbling block in front of the blind"
The guarantor, the witnesses and the like
violate only the prohibition: "Do not lay interest upon him." Any
broker who connects between the lender and the borrower or assists or instructs
one of them with regard to making the loan transgresses the commandment:
"Do not place a stumbling block in front of the blind"
Halacha 3
Although the lender and the borrower
violate all the negative commandments mentioned above, they are not punished
with lashes, because the interest must be returned. For whenever a person gives
a loan at interest, if fixed interest is involved, it is forbidden by
Scriptural Law and may be expropriated through legal process. The judges
expropriate it from the lender and return it to the borrower. If the lender
dies, it is not expropriated from his children's possessions.
Halacha 4
When a father leaves his sons money
obtained by taking interest, they are not obligated to return it, even though
they know that it was obtained through interest. If, however, he leaves them a
cow, a garment or any other specific article obtained through interest, they
are obligated to return it as an expression of honor for their father.
When does the above apply? When their
father repented, but was not able to return the article before he died. If,
however, he did not repent, the sons need not be concerned with his honor. They
are not required to return even a specific article.
Halacha 5
When robbers and people who lend money at
interest seek to return the money they took, we should not receive it from
them. This will make the path of teshuvah more accessible to them. Whoever
accepts repayment from them is not looked upon favorably by our Sages. If,
however, the stolen article itself was intact or a specific article was given
as interest, and it itself is there, it may be accepted.
Halacha 6
When interest - whether fixed interest or
interest forbidden by Rabbinic law - is mentioned in a promissory note, the
lender may collect the principal, but not the interest. If he collected the
entire amount, any fixed interest can be expropriated from him. "The shade
of interest" - i.e., interest forbidden by Rabbinic law - may not be
collected from the borrower by the lender, nor is it expropriated by the court
from the lender for the borrower.
Halacha 7
Whenever a person writes a promissory
note that includes interest, it is as if he documents and has witnesses testify
that he denies God, the Lord of Israel. Similarly, whenever a person borrows or
lends money at interest in privacy he denies God, the Lord of Israel, and
denies the exodus from Egypt, as Leviticus 25:37-38 states: "Do not give
him your money with neshech... I am God your Lord, who took you out of the land
of Egypt."
Halacha 8
It is forbidden for a person to borrow
money from his sons or the members of his household at interest. This is
forbidden even when he is not tightfisted and he is merely giving them a
present." The rationale is that in doing so, he might habituate them to
this practice.
Halacha 9
When Torah scholars lend money to one
another and the borrower returns more than the amount loaned him, it is
permitted. It is obvious that the extra amount was only a present that he gave
him. For they know the severity of the prohibition against taking interest.
Halacha 10
The following laws apply when a person
lends money to a colleague, and the borrower discovers more than the sum
originally agreed upon, or the borrower returned a debt and the lender
discovers more than the sum that was borrowed. If the additional amount was a
sum about which a person might easily err, it must be returned. If not, we can
assume that the borrower gave the lender a present, he had stolen property
belonging to the lender in his possession and sought to return it together in
the account without the lender being aware, or another person asked him to
return money in such a manner.
What can be considered a sum about which
a person might easily err? One, two, five or ten more. The latter figures are
included, for perhaps the person counted out the sum in groups of five or ten.
Similarly, if the person found that a
group of five or a group of ten had an additional one, he must return the extra
amount. Maybe an additional one with which he was counting became mixed with a
group of five or ten,
Halacha 11
The following laws apply when a person
lends a colleague according to a particular coinage, or stipulates in his
wife's ketubah that a sum should be paid to her in a particular coinage, and
then the ruling authorities increase the weight of that coinage. When the value
of produce was reduced because of the increase, he should deduct the proportion
of the increase, even if the increase was minimal. If, however, the value of
produce is not reduced because of the addition, he need not deduct that
proportion. Instead, he should pay him the coin used as currency at that time.
When does the above apply? When the
addition was one fifth of its value -e.g., its weight was four units and it was
increased to five. If, however, more than a fifth was added, he should deduct
the entire proportionate amount of the increase, even though the price of
produce did not increase. Similar laws apply with regard to a loan when the
weight of a coin was decreased.
Halacha 12
The following rules apply when a person
lends a colleague according to a particular coinage, and that coinage is
disqualified by the ruling authorities. If the lender could use the
disqualified coin as legal tender in another country, and the lender has a way
of getting to that country, the borrower may repay him in the coinage that he
lent him, telling him: "Go and use it in such and such a place." If
the lender does not have a way of getting there, the borrower must repay him in
the coinage that is legal tender at that time. Similar laws apply with regard
to a ketubah.
Halacha 13
Some of the Geonim have ruled that when a
borrower forgoes the interest a lender charged or will charge on his behalf,
his statements are of no consequence, even though he affirms his waiver with a
kinyan or gives it as a present. Their rationale is that whenever interest is
given, the borrower is waiving his rights. The Torah, however, does not accept
this waiver and forbids it. Therefore, one cannot waive interest, even interest
forbidden merely by Rabbinic Law on behalf of the lender.
It appears to me that this ruling is
incorrect. Instead, since the lender is told to return the interest, and he
knows that he violated a prohibition, and the borrower has the right to collect
the money, if the borrower desires to waive the obligation to return the
interest he may, just as a person may waive the return of a stolen article.
Indeed, our Sages explicitly stated that when robbers and people who lent money
at interest seek to return the money they took, we should not receive it from
them. This indicates that the waiver of the obligation to return the interest
is effective.
Halacha 14
It is permitted to give property
belonging to orphans to a faithful person who has valuable properties to offer
as security, in an arrangement that is likely to lead to profit and unlikely to
lead to loss.
What is implied? The court tells the
person: "Do business with their property. If there is a profit, give them
a portion of the profit. If there is a loss, suffer the loss yourself."
This is "the shade of interest." Nevertheless, "the shade of
interest" is forbidden only because of a Rabbinic decree, and our Sages
did not apply their decree to property belonging to orphans.
Chapter 5
Halacha 1
One may lend money to and borrow money
from a gentile and a resident alien at interest, as implied by Deuteronomy
23:20: "Do not offer interest to your brother." We may infer:
Offering - and taking - interest from "your brother" is prohibited;
from people at large, by contrast, it is permitted.
It is a positive mitzvah to lend money to
a gentile at interest, as Ibid:21 states: "You may offer interest to a
gentile." The Oral Tradition teaches that this is a positive commandment.
This is the Scriptural Law.
Halacha 2
Our Sages, however, forbade a Jew from
lending money to a gentile at a fixed rate of interest beyond what is necessary
for him to earn his livelihood. They enacted this decree lest, the lender learn
from the gentile's deeds as a result of the large extent of his contact with
him. Therefore even according to the Sages, it is permitted to borrow money
from a gentile at interest, for the Jew will flee from him, and will not
frequent his company.
Torah scholars will not learn from a
gentile's conduct. . Hence, it is permitted for them to lend money to a gentile
at interest, even to make a profit. Any transactions in the category of
"the shade of interest" that involve gentiles are permitted for
everyone.
Halacha 3
The following law applies when a Jew
borrowed money from a gentile at interest, and when he seeks to return it to
him another Jew meets him and tells him: "Give it to me and I will pay you
the rate of interest that you pay the gentile." This is forbidden, even if
the original borrower brings the other Jew to the gentile. Instead, the gentile
must take back his money and then give it as a loan to the other Jew.
Halacha 4
When, by contrast, a gentile borrows
money from a Jew at interest and desires to return it to him, and another Jew
meets the gentile and tells him: "Give it to me and I will pay you the
rate of interest that you pay the other Jew," this is permitted. If,
however, the gentile brought the Jewish borrower to the Jewish lender and informed
him of the loan, this is considered fixed interest, for he gave the money with
the knowledge of the Jewish lender. This applies even if the gentile gave the
Jewish borrower the money.
Halacha 5
It is forbidden for a Jew to entrust his
money to a gentile so that he can lend them to a Jew at interest.
When a gentile loans money to a Jew at
interest, it is forbidden for another Jew to serve as a guarantor. The
rationale is that according to their laws, the lender may demand payment from
the guarantor first. Thus, after paying the debt, the guarantor will demand
payment for the interest that he is obligated to the gentile. Hence, if the
gentile makes a commitment not to demand payment from the guarantor first, it
is permitted.
Halacha 6
The following laws apply when a Jew
borrowed money from a gentile at interest and then the gentile converted. If a
reckoning was made before he converted, the convert may collect the principal
and the interest. If a reckoning was not made until after he converted, the
convert may collect the principal, but not the interest.
Different rules apply when, by contrast,
a gentile borrows money from a Jew at interest and then converts. After a
reckoning is made, even if it was made after the conversion, the convert is
required to pay the entire sum, the principal and the interest. This measure
was instituted lest people say that the person converted for the sake of his
money. Even after he converted, the Jew can collect the entire sum of interest
for which he became liable while he was a gentile.
Halacha 7
It is a mitzvah to lend money to a Jew
without charge before lending money to a gentile at interest.
Halacha 8
It is forbidden for a person to invest
his money in a manner where his share in the profit is great and his share in
the eventuality of loss is minimal. This is considered "the shade of
interest." A person who makes such investments is considered
"wicked."
If a person makes such an investment, the
profits and the losses are divided according to the laws governing a hetter
iska. A person who invests his money in a manner where his share in the profit
is minimal and his share in the eventuality of loss is great is considered
pious.
Halacha 9
We may not appoint a person as a
storekeeper in return for half of the profits, nor may one entrust a person
with money to buy produce in return for half of the profits, nor may one buy
eggs to place under another person's chickens in return for half of the
profits, nor may one evaluate calves and young donkeys and then have them
fattened in return for half of the profits.
These arrangements are permitted only
when the investor pays the manager a wage for his efforts and reimbursement for
the upkeep of the animals, or grants the manager a greater share of the profits
than his share in the event of a loss, as we explained with regard to
partnerships.
Halacha 10
When a person enters into a partnership
arrangement with a colleague, entrusting him with money or with land, or making
an iska agreement, he should not include the profit together with the principal
as a single sum in the promissory note, lest there be no profit and this lead
to interest.
Similarly, a person should not give a
colleague money as an iska or in a partnership, but have a promissory note
written as if it were a loan. This is prohibited lest he die and the promissory
note be given to his heir, who will use it to collect interest.
Halacha 11
It is forbidden to pay interest before
taking a loan or to pay it afterwards. What is implied? If a person thought
about receiving a loan from a
colleague and sent him presents so that
he would grant him the loan, this is considered to be paying interest before
giving a loan. If he took a loan from him and returned the debt, and then sent
the lender a present for the fact that his money was in his possession without
his receiving any benefit, this is considered as paying interest afterwards. If
one transgresses and does this, this is "the shade of interest."
Halacha 12
When a person who borrowed money from a
colleague would not ordinarily greet him first, it is forbidden for him to
greet him first. Needless to say, it is forbidden for him to praise the lender
in public or go to his home. These prohibitions are derived from the phrase
Deuteronomy 23:20: "All types of neshech"; even words are forbidden.
Similarly, it is forbidden for the
borrower to teach the lender Scripture or Talmud throughout the duration of the
loan if the borrower was not accustomed to doing so previously,52 as implied by
the phrase: "All types of interest."
Halacha 13
When a person lends money to a colleague,
he should not tell the borrower: "Take notice if so and so from this and
this place comes." Implied is that the borrower should honor him and
provide him with food and drink as is appropriate. Similar laws apply in all
analogous situations.
Halacha 14
There are practices that resemble
interest, but which are permitted. What is implied? A person may purchase a
promissory note from a
colleague for less than its face value
without any concern. A person may give a colleague a dinar so that he will lend
a third party 100 dinarim. The rationale is that the Torah forbade only
interest given by the borrower to the lender.
Similarly, a person may tell a colleague:
"Here is a dinar. Tell so and so to give me a loan." This is
permitted, because he gave him a wage only for making the suggestion.
Halacha 15
There are certain matters that are
permitted, and yet are forbidden because they are ha'aramat ribit (a
circumvention of the prohibition against interest).
What is implied? The borrower tells the
lender: "Lend me a maneh." The lender answers: "I do not have a
maneh. I have wheat worth a maneh," and he gave him the wheat for a maneh
and then purchased it from him for 90 zuz. This is permitted, but it was
forbidden by the Sages as a circumvention of the prohibition against interest.
For he gave him 90 and received a maneh.
If the lender transgressed and carried
out these transactions, the lender may expropriate 100 zuz from the borrower
through legal process, because even "the shade of interest" is not
involved. Similarly, if a field was given as security for a loan, the lender
may not rent it back to the owner of the field, because this is a circumvention
of the prohibition against interest. For the borrower is receiving the field
that he owned and paying the lender rent each month because he lent him money.
Halacha 16
It is forbidden to hire out dinarim. This
does not resemble hiring out other utensils. In the latter case, the same
utensil that was hired out is returned, In this instance, however, the
recipient spends the dinarim he receives and pays him back with others. Hence,
"the shade of interest" is involved.
Halacha 17
The following rules apply when a king has
established a law that whoever pays the head tax imposed on every person for a
particular person has the right to take control of that person and treat him as
a serf. If a person pays a dinar as the tax for a particular person and then
has him work for more than a dinar, this is permitted. Similar principles apply
in all analogous situations.
Chapter 6
Halacha 1
Whenever a person gives a loan to a
colleague of a sela for five dinarim, two se'ah of wheat for three, a selah for
a selah and a se'ah? or three se'ah for three se'ah and a dinar, it is
forbidden. The general principle is whenever there is a stipulation that any
increase be made to a loan, interest forbidden by Scriptural Law is involved,
and it may be expropriated from the lender through legal process.
Similarly, when a person lends money to a
colleague and makes a stipulation that he can live in the borrower's courtyard
at no cost until he returns the loan, he rented the borrower's property for
less than its fair value and established that this reduction would remain in
force until he repaid the debt, or took as security property from which benefit
can be derived at the time of the loan - e.g., the borrower gave the lender his
courtyard as security with the intent that the lender dwell in it without
charge - all the above are forms of interest forbidden by Scriptural Law"
and it may be expropriated from the lender through legal process.
Similarly, when a person sells a field or
a courtyard through an asmachta, since the purchaser does not acquire the field
itself, any produce that he consumes is interest and must be returned. Similar
laws apply to any person who has not completed a transaction that is not fully
binding at the outset. He must return all the produce. For if he consumes the
produce, he will be taking interest according to Scriptural Law.
Any other matter forbidden as interest
outside the above categories is prohibited by Rabbinic decree. These decrees
were enforced lest this lead to the violation of interest forbidden by
Scriptural Law. Interest forbidden by the Rabbis is called "the shade of
interest" and may not be expropriated from the lender through legal
process.
Halacha 2
When a person lends money to a colleague,
he should not take that colleague's servant to perform work for him even if the
servant is sitting idly. He should not dwell in his courtyard without charge,
even though this courtyard is not fit to be rented out and the owner does not
ordinarily rent out his property. If the lender does dwell in it, he must pay
rent to the owner/borrower. If he does not pay rent, it is considered as
"the shade of interest," because at the outset, he did not stipulate
that if he makes the loan, he can dwell in his courtyard.
Therefore, the following rule applies if
the borrower has not paid the debt and desires to deduct the rent for the
courtyard in which the lender dwelled from the debt. If the rent is equivalent
to the entire debt, he may not deduct the entire amount - only the sum that the
judges specify. The rationale is that if the lender were sent away without
receiving anything, it would be equivalent to expropriating the interest by the
court. And "the shade of interest" is not expropriated by the court.
Halacha 3
My teachers issued the following ruling
when a person lends money to a colleague and afterwards demands payment of the
debt. If the borrower tells the lender: "Dwell in my courtyard until I
repay the debt," it is considered as only "the shade of
interest." The rationale is that this condition was not specified at the
time the loan was given, as can be inferred from Leviticus 25:37: "Do not
give him a loan with neshech."
Halacha 4
The following rules apply when a person
lends a colleague money and the borrower offers a field as security. Although
the lender tells the borrower: "If you do not return the debt to me within
three years, the field belongs to me," he does not acquire it. The
rationale is that the agreement is an asmachta and an asmachta is not binding.
Accordingly, the lender must deduct all the produce he consumed from the sum of
the loan. For consuming that produce is interest forbidden by Scriptural Law.
Different rules apply, however, if the
seller/borrower tells the lender/purchaser: "If I do not repay you within
three years, acquire it retroactively from the present date." If the
borrower brings the money to the lender within three years, the lender is not
entitled to the produce. ' If he brings the money to the lender/purchaser after
three years, all the produce belongs to the purchaser.
Halacha 5
When a person sells a house or a field
and tells the purchaser: "When I obtain money, return the property to
me," the purchaser does not acquire the field. All the produce that he
consumes is considered as fixed interest and can be expropriated from him
through legal process.
If, however, on his own initiative, the
purchaser tells the seller: "When you obtain money, I will return this
field to you," it is permitted for him to do so. The purchaser may consume
the produce until the seller returns his money.
Halacha 6
The following laws apply when a person
sells a field to a colleague and the purchaser pays a portion of the money to
the seller. If the seller tells the purchaser: "Acquire a portion of the
property in proportion to the percentage of your payment," each of them is
entitled to consume a share of the produce proportional to the percentage of
the property he owns.
If the seller tells the purchaser:
"When you bring the remainder of the money, you will acquire the field
retroactively to the present date," both of them are forbidden to benefit
from the produce immediately. The seller is prohibited, lest the purchaser
bring the remainder of the money and thus the field will belong to him from
that date. Hence if the seller were to consume the produce, he would be
receiving benefit from the money that the purchaser has yet to pay him.
Similarly, the purchaser is forbidden to
benefit from the produce. The rationale is that perhaps he will not bring the
remainder of the money and the transaction will be nullified. Thus, he will
have benefited from the produce in consideration of the money he had given the
seller. Therefore, the produce should be given to a third party until it is
appropriate to give it to one of them.
If the seller tells the purchaser:
"When you bring the remainder of the money, you will acquire the
field," the seller is entitled to benefit from the produce until the
purchaser brings the money. If the purchaser consumes the produce, its value
should be expropriated from him.
If the seller tells the purchaser:
"Acquire the field at present and the remainder of the money is considered
as a debt," the purchaser should benefit from the produce. If the seller
consumes the produce, everything that he consumed should be expropriated from
him.
Halacha 7
My masters ruled that the following
principle applies when a person lends money to a colleague and the borrower
gives the lender his field as security with the intent that the lender benefit
from the produce while he was holding it as security. Even though the lender
does not deduct anything, this is considered merely "the shade of
interest," and cannot be expropriated from the lender through legal
process.
The rationale is that giving a field as
security is different from giving a house as security. Because produce is not
located in the field at the time the loan is given. It is possible that the
lender will profit, for produce will grow, and it is possible that he will lose
when sowing and working the field. Therefore, it is "the shade of
interest."
Similarly, giving a field as security
does not resemble selling a field under an asmachta. When a person sells under
an asmachta, he does not resolve to make the sale. When he gives a field as
security, by contrast, he resolves to sell the potential to benefit from the
land.
Similarly, from the Talmud, it appears
that a property given as security involves "the shade of interest,"
and that can be understood only if we say that it refers to a person who gives
a field as security, as my masters ruled.
Thus, there are three ways in which
property can be given as security: security where taking benefit involves fixed
interest, security where taking benefit involves the shade of interest and
security where taking benefit is permitted.
What is implied? If a person gave a
colleague a property where benefit is continually present, e.g., a courtyard, a
bathhouse, or a store, as security, it is considered as fixed interest. If he
gave him a field or the like as security and it produced profit from which he
benefited, it is considered as "the shade of interest."
If he gave him a courtyard or the like as
security and made a deduction, it is considered as "the shade of
interest." If he gave him a field as security and made a deduction, it is
permitted.
What is meant by "making a
deduction"? A person lent a colleague 100 dinarim. The borrower gave him
his courtyard or his field as security and the lender told the borrower:
"I will deduct a silver me'ah each year as rent for the property, so that
I can receive all of the benefit from the courtyard," or the like, it is
forbidden. If he gives a field or the like as security, it is permitted.
Halacha 8
Some of the Geonim have ruled that
whenever property is given as security and nothing is deducted, it is
considered to be fixed interest. They did not penetrate to the depth of the
matter to distinguish between a field and a courtyard. Therefore, the words of
the Talmud appeared problematic to them.
Similarly, they ruled that it is always
forbidden to give property as security without a deduction being made, whether
for a courtyard or a field, except according to the following arrangement.
What is implied? The lender loaned the
borrower 100 dinarim, took a house or a field as security, and stipulated that
after ten years the property would return to its owners at no charge. The
lender is permitted to benefit from the produce of the property for the entire
ten years, even if ordinarily its rent would be 1000 dinarim a year. For in
effect, what he is doing is renting it at a lower price.
Similarly, it is permitted if the owner
of the field added a stipulation that whenever he brought the renter or lender
money, he would deduct a rent of ten dinarim a year from the amount and leave
the property. Similarly, it is permitted if the borrower added a stipulation
that whenever he desired, he could calculate the time that the lender or renter
dwelled in the property and pay him the remainder and then he would leave the
property. The rationale is that it is a rental that is involved, and any
stipulation involving a rental is binding and permitted, as explained
previously.
---
Hayom Yom
Tuesday, 23 Kislev 5774 / 26 November 2013 &
Wednesday, 24 Kislev 5774 / 27 November
201
Wednesday Kislev
23 5703
Torah lessons: Chumash: Vayeishev, Revi'i with Rashi.
Tehillim: 108-112.
Tanya: Since the said...the said Likutei
Amarim. (p.xvi).
From my grandfather's talks of Elul 5635
(1875): The three days before Shabbat are a preparation for Shabbat. The Zohar
says1 about Shabbat that "from it are all days blessed."2 "All
days" refers to the six days of the week on which G-d conferred a general
blessing - "G-d will bless you in all you do." The blessing of
Shabbat is for the days preceding it and the days following it. The
preparations for Shabbat begin Wednesday, and are announced by the brief l'chu
n'ran'na3 of three verses.
Compiled and arranged by the Lubavitcher
Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943)
from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak
Schneersohn, of righteous memory.
FOOTNOTES
1. Zohar
II, 63b, 88a.
2. Devarim
15:18.
3. Siddur
(Tehilat HaShem) p. 78. First three verses of Psalm 95 appended to Wednesday's
Psalm 94. The same three verses begin the Friday night prayers inaugurating
Shabbat (Siddur Tehilat HaShem (Kehot) P. 128).
Thursday Kislev
24, Eve of Chanuka 5703
Torah lessons: Chumash: Vayeishev, Chamishi with Rashi.
Tehillim: 113-118.
Tanya: Ch. 1. It has been taught (p.
1)...(modes of interpretation). (p. 3).
(Continuation of Kislev 23): An
explanation of the three verses beginning l'chu n'ran'na, in a manner
meaningful to everyone, is as follows: Wednesday, we begin thinking: What will
we have for Shabbat? This is a concern in the literal sense and also spiritually,
"how can we Shabbos" (i.e. make a real Shabbat)? After all, every
person is quite different on Shabbat than on a weekday. So we become a bit
despondent. The solution is l'chu n'ran'na ("Come let us sing"), have
faith, trust. Comes Thursday, it is now closer to Shabbat and we still have
nothing. It doesn't seem to "n'ran'na" so easily and we realize we
must do something. So we study Chassidus Thursday night, so that by Friday we
sense the depth of "...for the L-rd is a great G-d and a great
King1..."; and with this a Jew "can Shabbos."
During Mincha, tachanun is omitted.
Compiled and arranged by the Lubavitcher
Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943)
from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak
Schneersohn, of righteous memory.
FOOTNOTES
1. Tehillim
95:3, opening Friday-night prayers.
---
Daily Thought:
Questions
Don’t fear the question. Savor it. If the
question will become your own, then the answer will as well.
Yes, we must do what is right even when
we don’t understand. But after we have done, we still must understand. And
understanding comes only with questions.
Questions are also part of the truth.
20 Cheshvan, 5746
Dark Knowing Light
That the spark of G‑d within us
will ponder G‑d, what is the surprise?
But when the animal within us lifts its
eyes to the heavens, when the dark side of a human creature lets in a little
light, that is truly wondrous. How can darkness know light? How can earth know
heaven?
Only with the power of He who is beyond
heaven and earth, and so too is neither darkness nor light.
-------
No comments:
Post a Comment