Today in Judaism – Today is: Tuesday, 30
Kislev 5774 · 3 December 2013 - Chanukah 6 - Rosh Chodesh Tevet
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Today’s Laws and Customs:
• Rosh Chodesh Observances
Today is the first of the two Rosh
Chodesh ("Head of the Month") days for the month of Tevet (when a
month has 30 days, both the last day of the month and the first day of the
following month serve as the following month's Rosh Chodesh).
The Yaaleh V'yavo prayer is added to the
Amidah and to Grace After Meals, and the additional Musaf prayer is said (when
Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf).
Because it is also Chanukah today, the "full" Hallel (Psalms 113-118)
is recited (and not the "partial Hallel" said on the Rosh Chodesh
days of other months).
Many have the custom to mark Rosh Chodesh
with a festive meal and reduced work activity. The latter custom is prevalent
amongst women, who have a special affinity with Rosh Chodesh -- the month being
the feminine aspect of the Jewish Calendar.
Links: The 29th Day; The Lunar Files
• Kindle Seven Chanukah Lights tonight
In commemoration of the miracle of
Chanukah (see "Today in Jewish History" for Kislev 25) we kindle the
Chanukah lights -- oil lamps or candles -- each evening of the eight-day
festival, increasing the number of lights each evening. Tonight we kindle seven
lights. (In the Jewish calendar, the day begins at nightfall; this evening,
then, commences the 7th day of Chanukah).
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 a more detailed guide to Chanukah
lighting click here. For text and audio of the blessings recited before
lighting, click here.
Additional Chanukah observances and
customs are listed below:
• Hallel & Al HaNissim
Special prayers of thanksgiving -- Hallel
(in its full version) and Al HaNissim -- are added to the daily prayers and
Grace After Meals on all eight days of Chanukah. Tachnun (confession of sins)
and similar prayers are omitted for the duration of trhe festival.
• Latkes, Sufganiot & Dairy Foods
On Chanukah we eat foods fried in oil --
such as latkes (potato cakes) and sufganiot (doughnuts) -- in commemoration of
the miracle of the oil.
It is also customary to eat dairy foods
in commemoration of Judith's heroic deed.
• Dreidel
It is customary to play dreidel -- a game
played with a spinning top inscribed with the Hebrew letters Nun, Gimmel, Hei
and Shin, which spell the phrase Nes Gadol Hayah Sham, "a great miracle
happened there." (It is said that when the Greeks forbade the study of
Torah, Jewish children continued the study with their teachers in caves and
cellars; when the agents of the king were seen approaching, the children would
hide their scrolls and start to play with spinning tops...)
Links: About the dreidel
• Chanukah Gelt
It is an age-old custom to distribute
gifts of Chanukah gelt ("Chanukah money") to children on Chanukah.
(It was the custom of the rebbes of Chabad-Lubavitch to give Chanukah gelt to
their children and other family members on the fourth or fifth night of
Chanukah; more recently, however, the Lubavitcher Rebbe encouraged the giving
of Chanukah gelt every day of the festival -- except for Shabbat, when handling
money is forbidden.)
Today in Jewish History:
• 6th Day of Chanukah Miracle (139 BCE)
On the 25th of Kislev in the year 3622
from creation, the Maccabees liberated the Holy Temple in Jerusalem, after
defeating the vastly more numerous and powerful armies of the Syrian-Greek king
Antiochus IV, who had tried to forcefully uproot the beliefs and practices of
Judaism from the people of Israel. The victorious Jews repaired, cleansed and
rededicated the Temple to the service of G-d. But all the Temple's oil had been
defiled by the pagan invaders; when the Jews sought to light the Temple's
menorah (candelabra), they found only one small cruse of ritually pure olive
oil. Miraculously, the one-day supply burned for eight days, until new, pure
oil could be obtained. In commemoration, the Sages instituted the 8-day
festival of Chanukah, on which lights are kindled nightly to recall and
publicize the miracle.
Link: The Story of Chanukah
Daily Quote:
Abraham called [the site of the Holy
Temple in Jerusalem] a "mountain"; Isaac called it a
"field"; but Jacob called it a "house"(Talmud, Pesachim 88a)
Daily Study - Chitas and Rambam for
today:
Chumash: Vayigash, 3rd Portion Genesis
45:8-45:27 with Rashi
Chapter 45
8. And now, you did not send me here, but
God, and He made me a father to Pharaoh, a lord over all his household, and a
ruler over the entire land of Egypt. ח. וְעַתָּה לֹא אַתֶּם שְׁלַחְתֶּם אֹתִי הֵנָּה
כִּי הָאֱלֹהִים וַיְשִׂימֵנִי לְאָב לְפַרְעֹה וּלְאָדוֹן לְכָל בֵּיתוֹ וּמשֵׁל בְּכָל
אֶרֶץ מִצְרָיִם:
a father: A colleague and a protector.
[From Gen. Rabbah 93:10]
לאב: חבר ופטרון:
9. Hasten and go up to my father, and say
to him, 'So said your son, Joseph: "God has made me a lord over all the
Egyptians. Come down to me, do not tarry.
ט. מַהֲרוּ וַעֲלוּ אֶל אָבִי וַאֲמַרְתֶּם
אֵלָיו כֹּה אָמַר בִּנְךָ יוֹסֵף שָׂמַנִי אֱלֹהִים לְאָדוֹן לְכָל מִצְרָיִם רְדָה
אֵלַי אַל תַּעֲמֹד:
and go up to my father: The land of
Israel is higher than all [other] lands. [From Kidd. 69a, b]
ועלו אל אבי: ארץ ישראל גבוה מכל הארצות:
10. And you shall dwell in the land of
Goshen, and you shall be near to me, you and your children and your
grandchildren, and your flocks and your cattle and all that is yours. י. וְיָשַׁבְתָּ
בְאֶרֶץ גּשֶׁן וְהָיִיתָ קָרוֹב אֵלַי אַתָּה וּבָנֶיךָ וּבְנֵי בָנֶיךָ וְצֹאנְךָ
וּבְקָרְךָ וְכָל אֲשֶׁר לָךְ:
11. And I will sustain you there for
there are still five years of famine lest you become impoverished, you and your
household and all that is yours." ' יא. וְכִלְכַּלְתִּי אֹתְךָ שָׁם כִּי עוֹד חָמֵשׁ
שָׁנִים רָעָב פֶּן תִּוָּרֵשׁ אַתָּה וּבֵיתְךָ וְכָל אֲשֶׁר לָךְ:
lest you become impoverished: Heb. פֶּן-תִּוָּרֵשׁ,
[which Onkelos renders:] דָּלְמָא תִתְמַסְכַּן, lest you become impoverished,
[which is] an expression similar to“impoverishes (מוֹרִישׁ) and makes rich” (I
Sam. 2:7).
פן תורש: דלמא תתמסכן, לשון (שמואל א' ב ז)
מוריש ומעשיר:
12. And behold, your eyes see, as well as
the eyes of my brother Benjamin, that it is my mouth speaking to you. יב. וְהִנֵּה
עֵינֵיכֶם רֹאוֹת וְעֵינֵי אָחִי בִנְיָמִין כִּי פִי הַמְדַבֵּר אֲלֵיכֶם:
And behold, your eyes see: my glory and
that I am your brother, for I am circumcised like you, and moreover, that it is
my mouth that is speaking to you in the holy tongue (Gen. Rabbah 93:10).
והנה עיניכם רואות: בכבודי, ושאני אחיכם, שהרי
אני מהול ככם. ועוד כי פי המדבר אליכם בלשון הקודש:
as well as the eyes of my brother
Benjamin: He compared them all together, saying that“just as I harbor no hatred
against my brother Benjamin, for he did not participate in selling me, neither
do I have any hatred in my heart against you.” [from Meg. 16b]
ועיני אחי בנימין: השוה את כולם יחד לומר שכשם
שאין לי שנאה על בנימין אחי, שהרי לא היה במכירתי, כך אין בלבי שנאה עליכם:
13. And you shall tell my father [of] all
my honor in Egypt and all that you have seen, and you shall hasten and bring my
father down here." יג. וְהִגַּדְתֶּם לְאָבִי אֶת כָּל כְּבוֹדִי בְּמִצְרַיִם
וְאֵת כָּל אֲשֶׁר רְאִיתֶם וּמִהַרְתֶּם וְהוֹרַדְתֶּם אֶת אָבִי הֵנָּה:
14. And he fell on his brother Benjamin's
neck and wept, and Benjamin wept on his neck.
יד. וַיִּפֹּל עַל צַוְּארֵי בִנְיָמִן אָחִיו
וַיֵּבְךְּ וּבִנְיָמִן בָּכָה עַל צַוָּארָיו:
And he fell on his brother Benjamin’s
neck and wept: for the two sanctuaries which were destined to be in Benjamin’s
territory and would ultimately be destroyed. [From Meg. 16b]
ויפול על צוארי בנימין אחיו ויבך: על שני מקדשות
שעתידין להיות בחלקו של בנימין וסופן ליחרב:
and Benjamin wept on his neck: for the Tabernacle
of Shiloh, which was destined to be in Joseph’s territory yet would ultimately
be destroyed. [From Meg. 16b, Gen. Rabbah 93:12]
ובנימין בכה על צואריו: על משכן שילה שעתיד
להיות בחלקו של יוסף וסופו ליחרב:
15. And he kissed all his brothers and wept
over them, and afterwards his brothers spoke with him. טו. וַיְנַשֵּׁק לְכָל אֶחָיו
וַיֵּבְךְּ עֲלֵהֶם וְאַחֲרֵי כֵן דִּבְּרוּ אֶחָיו אִתּוֹ:
And he kissed: He continued to kiss
וינשק: הוסיף בנשיקה, מנשק והולך. דיבייש"ר
בלע"ז:
and afterwards: After they saw him
weeping and that he was wholehearted with them.
ואחרי כן: מאחר שראוהו בוכה ולבו שלם עמהם:
his brothers spoke with him: whereas
previously they had felt shame before him. [From Tanchuma Vayigash 5]
דברו אחיו אתו: שמתחלה היו בושים ממנו:
16. And the voice was heard [in]
Pharaoh's house, saying, "Joseph's brothers have come!" And it
pleased Pharaoh and his servants. טז. וְהַקֹּל נִשְׁמַע בֵּית פַּרְעֹה לֵאמֹר בָּאוּ
אֲחֵי יוֹסֵף וַיִּיטַב בְּעֵינֵי פַרְעֹה וּבְעֵינֵי עֲבָדָיו:
And the voice was heard [in] Pharaoh’s
house: Heb. בֵּית פַּרְעֹה, equivalent to בְּבֵית פַּרְעֹה, and this is an
expression [denoting] an actual house. [From Targum Onkelos]
והקול נשמע בית פרעה: כמו בבית פרעה, וזהו לשון
בית ממש:
17. And Pharaoh said to Joseph, "Tell
your brothers, 'Do this load up your beasts and go, enter the land of Canaan. יז.
וַיֹּאמֶר פַּרְעֹה אֶל יוֹסֵף אֱמֹר אֶל אַחֶיךָ זֹאת עֲשׂוּ טַעֲנוּ אֶת בְּעִירְכֶם
וּלְכוּ בֹאוּ אַרְצָה כְּנָעַן:
load up your beasts: with grain.
טענו את בעירכם: תבואה:
18. And take your father and your
households and come to me, and I will give you the best of the land of Egypt,
and [you will] eat the fat of the land.' יח. וּקְחוּ אֶת אֲבִיכֶם וְאֶת בָּתֵּיכֶם וּבֹאוּ
אֵלָי וְאֶתְּנָה לָכֶם אֶת טוּב אֶרֶץ מִצְרַיִם וְאִכְלוּ אֶת חֵלֶב הָאָרֶץ:
the best of the land of Egypt: [I.e.,]
the land of Goshen. He prophesied but did not know what he was prophesying.
They (the Israelites) would eventually make it (Egypt) like the depths of the
sea, which have no fish. [From Avoth d’Rabbi Nathan, second version, ch. 43;
Ber. 9b]
את טוב ארץ מצרים: ארץ גושן. ניבא ואינו יודע
מה ניבא, סופם לעשותה כמצולה שאין בה דגים:
the fat of the land: Heb. חֵלֶב הָאָרֶץ.
Every [instance of] חֵלֶב is an expression meaning the best. [From Targum
Onkelos]
חלב הארץ: כל חלב לשון מיטב הוא:
19. And you [Joseph] have been commanded
[to tell them], 'Do this: take yourselves wagons from the land of Egypt for
your young children and for your wives, and you shall carry your father and
come. יט.
וְאַתָּה צֻוֵּיתָה זֹאת עֲשׂוּ קְחוּ לָכֶם מֵאֶרֶץ מִצְרַיִם עֲגָלוֹת לְטַפְּכֶם
וְלִנְשֵׁיכֶם וּנְשָׂאתֶם אֶת אֲבִיכֶם וּבָאתֶם:
And you [Joseph] have been commanded: By
me to say to them. [From Targum Jonathan]
ואתה צויתה: מפי לומר להם:
Do this: So shall you say to them, that
it is in my power [to provide for you].
זאת עשו: כך אמור להם שברשותי הוא:
20. And let your eye not be concerned
about your utensils, for the best of all the land of Egypt is yours.' " כ. וְעֵינְכֶם
אַל תָּחֹס עַל כְּלֵיכֶם כִּי טוּב כָּל אֶרֶץ מִצְרַיִם לָכֶם הוּא:
21. And the sons of Israel did so, and
Joseph gave them wagons by Pharaoh's orders, and he gave them provisions for
the way. כא. וַיַּעֲשׂוּ כֵן בְּנֵי יִשְׂרָאֵל וַיִּתֵּן לָהֶם יוֹסֵף עֲגָלוֹת
עַל פִּי פַרְעֹה וַיִּתֵּן לָהֶם צֵדָה לַדָּרֶךְ:
22. He gave them all, to each one
[several] changes of clothes, and to Benjamin he gave three hundred [pieces of]
silver and five changes of clothes. כב. לְכֻלָּם נָתַן לָאִישׁ חֲלִפוֹת שְׂמָלֹת וּלְבִנְיָמִן
נָתַן שְׁלשׁ מֵאוֹת כֶּסֶף וְחָמֵשׁ חֲלִפֹת שְׂמָלֹת:
23. And to his father he sent the
following: ten he donkeys carrying of the best of Egypt, and ten she donkeys
carrying grain, bread, and [other] food, for his father for the way. כג. וּלְאָבִיו
שָׁלַח כְּזֹאת עֲשָׂרָה חֲמֹרִים נֹשְׂאִים מִטּוּב מִצְרָיִם וְעֶשֶׂר אֲתֹנֹת נֹשְׂאֹת
בָּר וָלֶחֶם וּמָזוֹן לְאָבִיו לַדָּרֶךְ:
he sent the following: Heb. כְּזֹאת,
lit., like this, [meaning:] according to this amount. And what is the amount?
Ten he-donkeys, etc.
שלח כזאת: כחשבון הזה. ומהו החשבון, עשרה חמורים
וגו':
of the best of Egypt: We find in the
Talmud (Meg. 16b) that he sent him aged wine because elderly people find
contentment with it. [I.e., the fact that wine improves with age often affords
contentment to the elderly.] According to the Midrash Aggadah (Gen. Rabbah 94:2
on verse 18), however, this refers to pounded beans [which have a soothing
effect on a troubled spirit].
מטוב מצרים: מצינו בתלמוד ששלח לו יין (ישן)
שדעת זקנים נוחה הימנו. ומדרש אגדה גריסין של פול:
grain, bread: As the Targum renders.
בר ולחם: כתרגומו:
and [other] food: Things eaten with
bread.
ומזון: ליפתן:
24. And he sent off his brothers, and
they went, and he said to them, "Do not quarrel on the way." כד. וַיְשַׁלַּח
אֶת אֶחָיו וַיֵּלֵכוּ וַיֹּאמֶר אֲלֵהֶם אַל תִּרְגְּזוּ בַּדָּרֶךְ:
Do not quarrel on the way: Heb. אַל-תִּרְגְזוּ
בַּדָּרֶ. Do not engage in a halachic discussion lest the way cause you to
stray. Another explanation: Do not walk with large steps, and enter the city
while the sun is shining (Ta’anith 10b). According to the simple meaning of the
verse, we can say that since they were ashamed, he (Joseph) was concerned that
they would perhaps quarrel on the way about his being sold, debating with one
another, and saying,“Because of you he was sold. You slandered him and caused
us to hate him.”
אל תרגזו בדרך: אל תתעסקו בדבר הלכה שלא תרגז
עליכם הדרך. דבר אחר אל תפסיעו פסיעה גסה והכניסו חמה לעיר. ולפי פשוטו של מקרא יש
לומר לפי שהיו נכלמים היה דואג שמא יריבו בדרך על דבר מכירתו להתווכח זה עם זה ולומר
על ידך נמכר, אתה ספרת לשון הרע עליו וגרמת לנו לשנאתו:
25. So they went up from Egypt, and they
came to the land of Canaan, to their father, Jacob. כה. וַיַּעֲלוּ מִמִּצְרָיִם
וַיָּבֹאוּ אֶרֶץ כְּנַעַן אֶל יַעֲקֹב אֲבִיהֶם:
26. And they told him, saying,
"Joseph is still alive," and [they told him] that he ruled over the
entire land of Egypt, and his heart changed, for he did not believe them. כו. וַיַּגִּדוּ
לוֹ לֵאמֹר עוֹד יוֹסֵף חַי וְכִי הוּא משֵׁל בְּכָל אֶרֶץ מִצְרָיִם וַיָּפָג לִבּוֹ
כִּי לֹא הֶאֱמִין לָהֶם:
and [they told him] that he ruled: Heb. וְכִי
הוּא משֵׁל, and that he rules.
וכי הוא מושל: ואשר הוא מושל:
and his heart changed: Heb. וַיָפָג לִבָּוֹ.
His heart changed and went away from believing. His heart did not turn to
[believe] these words. [וַיָפָג is] a term similar to“their taste changes” (מְפִיגִין
טַעְמָן) in the language of the Mishnah (Bezah 14a), and“without respite (הֲפֻגוֹת)”
(Lam. 3:49). Also“and its bouquet did not change” (Jer. 48: 11) is translated
[into Aramaic] as וְרֵיחֵיה ָלֹא פָג.
ויפג לבו: נחלף לבו והלך מלהאמין, לא היה לבו
פונה אל הדברים, לשון מפיגין טעמן, בלשון משנה וכמו (איכה ג מט) מאין הפוגות, (ירמיה
מח יא) וריחו לא נמר מתרגמינן וריחיה לא פג:
27. And they told him all of Joseph's
words that he had said to them, and he saw the wagons that Joseph had sent to
carry him, and the spirit of their father Jacob was revived. כז. וַיְדַבְּרוּ
אֵלָיו אֵת כָּל דִּבְרֵי יוֹסֵף אֲשֶׁר דִּבֶּר אֲלֵהֶם וַיַּרְא אֶת הָעֲגָלוֹת אֲשֶׁר
שָׁלַח יוֹסֵף לָשֵׂאת אֹתוֹ וַתְּחִי רוּחַ יַעֲקֹב אֲבִיהֶם:
all of Joseph’s words: He (Joseph) gave
them a sign, viz., in what topic he was engaged when he (Joseph) separated from
him (Jacob). [That was] the section dealing with the heifer that was to be
beheaded (עֶגְלָה עִרוּפָה) (Deut. 21), and this is what [Scripture] says, “and
he saw the wagons that Joseph had sent,” and it (Scripture) does not say, “that
Pharaoh had sent.” [from Gen. Rabbah 94:3]
את כל דברי יוסף: סימן מסר להם במה היה עוסק
כשפירש ממנו, בפרשת עגלה ערופה, זהו שאמר וירא את העגלות אשר שלח יוסף ולא אמר אשר
שלח פרעה:
and the spirit of…Jacob was revived: The
Shechinah, which had separated from him [because of his grief], rested upon him
[once again]. [From Avoth d’Rabbi Nathan , ch. 30, Targum Onkelos , Targum
Jonathan]
ותחי רוח יעקב: שרתה עליו שכינה שפירשה ממנו:
---
Daily Tehillim – Psalms Chapters 145 -
150
Chapter 145
One who recites this psalm three times
daily with absolute concentration is guaranteed a portion in the World to Come.
Because of its prominence, this psalm was composed in alphabetical sequence.
1. A psalm of praise by David: I will
exalt You, my God the King, and bless Your Name forever.
2. Every day I will bless You, and extol
Your Name forever.
3. The Lord is great and exceedingly
exalted; there is no limit to His greatness.
4. One generation to another will laud
Your works, and tell of Your mighty acts.
5. I will speak of the splendor of Your
glorious majesty and of Your wondrous deeds.
6. They will proclaim the might of Your
awesome acts, and I will recount Your greatness.
7. They will express the remembrance of
Your abounding goodness, and sing of Your righteousness.
8. The Lord is gracious and
compassionate, slow to anger and of great kindness.
9. The Lord is good to all, and His
mercies extend over all His works.
10. Lord, all Your works will give thanks
to You, and Your pious ones will bless You.
11. They will declare the glory of Your
kingdom, and tell of Your strength,
12. to make known to men His mighty acts,
and the glorious majesty of His kingdom.
13. Your kingship is a kingship over all
worlds, and Your dominion is throughout all generations.
14. The Lord supports all who fall, and
straightens all who are bent.
15. The eyes of all look expectantly to
You, and You give them their food at the proper time.
16. You open Your hand and satisfy the
desire of every living thing.
17. The Lord is righteous in all His
ways, and benevolent in all His deeds.
18. The Lord is close to all who call
upon Him, to all who call upon Him in truth.
19. He fulfills the desire of those who
fear Him, hears their cry and delivers them.
20. The Lord watches over all who love
Him, and will destroy all the wicked.
21. My mouth will utter the praise of the
Lord, and let all flesh bless His holy Name forever.
Chapter 146
This psalm inspires man to repent and
perform good deeds while still alive. Let him not rely on mortals who are
unable to help themselves, and who may suddenly pass on. Rather, one should put
his trust in God, Who is capable of carrying out all He desires.
1. Praise the Lord! Praise the Lord, O my
soul.
2. I will sing to the Lord with my soul;
I will chant praises to my God while I yet exist.
3. Do not place your trust in nobles, nor
in mortal man who has not the ability to bring deliverance.
4. When his spirit departs, he returns to
his earth; on that very day, his plans come to naught.
5. Fortunate is he whose help is the God
of Jacob, whose hope rests upon the Lord his God.
6. He makes the heavens, the earth, the
sea, and all that is in them; He keeps His promise faithfully forever.
7. He renders justice to the oppressed;
He gives food to the hungry; the Lord releases those who are bound.
8. The Lord opens the eyes of the blind;
the Lord straightens those who are bowed; the Lord loves the righteous.
9. The Lord watches over the strangers;
He gives strength to orphan and widow; He thwarts the way of the wicked.
10. The Lord shall reign forever, your
God, O Zion, throughout all generations. Praise the Lord!
Chapter 147
This psalm recounts God's greatness, and
His kindness and goodness to His creations.
1. Praise the Lord! Sing to our God for
He is good; praise befits Him for He is pleasant.
2. The Lord is the rebuilder of
Jerusalem; He will gather the banished of Israel.
3. He heals the broken-hearted, and
bandages their wounds.
4. He counts the number of the stars; He
gives a name to each of them.
5. Great is our Master and abounding in
might; His understanding is beyond reckoning.
6. The Lord strengthens the humble; He
casts the wicked to the ground.
7. Lift your voices to the Lord in
gratitude; sing to our God with the harp.
8. He covers the heaven with clouds; He
prepares rain for the earth, and makes grass grow upon the mountains.
9. He gives the animal its food, to the
young ravens which cry to Him.
10. He does not desire [those who place
their trust in] the strength of the horse, nor does He want those who rely upon
the thighs [swiftness] of man.
11. He desires those who fear Him, those
who long for His kindness.
12. Praise the Lord, O Jerusalem; Zion,
extol your God.
13. For He has strengthened the bolts of
your gates; He has blessed your children in your midst.
14. He has made peace within your
borders; He satiates you with the finest of wheat.
15. He issues His command to the earth;
swiftly does His word run.
16. He dispenses snow like fleece; He
scatters frost like ashes.
17. He hurls His ice like morsels; who
can withstand His cold?
18. He sends forth His word and melts
them; He causes His wind to blow, and the waters flow.
19. He tells His words [Torah] to Jacob,
His statutes and ordinances to Israel.
20. He has not done so for other nations,
and they do not know [His] ordinances. Praise the Lord!
Chapter 148
The psalmist inspires one to praise God
for His creations-above and below-all of which exist by God's might alone.
1. Praise the Lord! Praise the Lord from
the heavens; praise Him in the celestial heights.
2. Praise Him, all His angels; praise
Him, all His hosts.
3. Praise Him, sun and moon; praise Him,
all the shining stars.
4. Praise Him, hea-ven of heavens, and
the waters that are above the heavens.
5. Let them praise the Name of the Lord,
for He comman-ded and they were created.
6. He has established them forever, for
all time; He issued a decree, and it shall not be transgressed.
7. Praise the Lord from the earth,
sea-monsters and all [that dwell in] the depths;
8. fire and hail, snow and vapor, stormy
wind carrying out His command;
9. the mountains and all hills,
fruit-bearing trees and all cedars;
10. the beasts and all cattle, creeping
things and winged fowl;
11. kings of the earth and all nations,
rulers and all judges of the land;
12. young men as well as maidens, elders
with young lads.
13. Let them praise the Name of the Lord,
for His Name is sublime, to Himself; its radiance [alone] is upon earth and
heaven.
14. He shall raise the glory of His
people, [increase] the praise of all His pious ones, the Children of Israel,
the people close to Him. Praise the Lord!
Chapter 149
1. Praise the Lord! Sing to the Lord a
new song, [recount] His praise in the assembly of the pious.
2. Israel will rejoice in its Maker; the
children of Zion will delight in their King.
3. They will praise His Name with
dancing; they will sing to Him with the drum and harp.
4. For the Lord desires His people; He
will adorn the humble with salvation.
5. The pious will exult in glory; they
will sing upon their beds.
6. The exaltation of God is in their
throat, and a double-edged sword in their hand,
7. to bring retribution upon the nations,
punishment upon the peoples;
8. to bind their kings with chains, and
their nobles with iron fetters;
9. to execute upon them the prescribed
judgment; it shall be a glory for all His pious ones. Praise the Lord!
Chapter 150
This psalm contains thirteen praises,
alluding to the Thirteen Attributes (of Mercy) with which God conducts the
world.
1. Praise the Lord! Praise God in His
holiness; praise Him in the firmament of His strength.
2. Praise Him for His mighty acts; praise
Him according to His abundant greatness.
3. Praise Him with the call of the
shofar; praise Him with harp and lyre.
4. Praise Him with timbrel and dance;
praise Him with stringed instruments and flute.
5. Praise Him with resounding cymbals;
praise Him with clanging cymbals.
6. Let every soul praise the Lord. Praise
the Lord!
---
Today's Tanya Lesson - Likutei Amarim,
middle of Chapter 4
Tuesday, 30 Kislev 5774 / 3 December 2013
Likutei Amarim, middle of Chapter 4
ובפרטות: בחינות חב״ד שבנפשו מלובשות בהשגת
התורה שהוא משיג בפרד״ס, כפי יכולת השגתו ושרש נפשו למעלה
Specifically: the CHaBaD of his soul
(i.e., his intellectual faculties) are clothed in the comprehension of the
Torah, which he comprehends in [the four levels of] Pardes of the Torah, to the
extent of his mental capacity and according to the supernal root of his soul.
One’s mental capacity determines how much
he may understand; the root of his soul determines the area in Torah for which
he will have the greatest aptitude. For example, one whose soul is related to
the level of Pshat is more likely to comprehend the straightforward meaning of
the words of Torah; a soul related to Remez will delve to the stratum of
implied meaning underlying the words; and so on. When the person comprehends
Torah to the extent of his mental capacity then the CHaBaD components of his
soul are clothed in the garment of thought of Torah, i.e., thought as it is
related to Torah.
והמדות, שהן יראה ואהבה וענפיהן ותולדותיהן,
מלובשות בקיום המצות במעשה ובדיבור שהוא תלמוד תורה שכנגד כולן
And the middot, namely the emotions of
fear and love (of the Almighty) together with their offshoots and
ramifications, are clothed in the fulfillment of the commandments in deed and
in word, (“in word”) meaning in the study of Torah, which is1 “the equivalent
of all the commandments.”
The Alter Rebbe’s previous statement,
that in comprehending Torah the soul’s faculty of intellect clothes itself in
thought, requires no further elaboration; it goes without saying that the
intellect can comprehend Torah only through the vehicle of thought.
His latter statement, however (that the
middot are clothed in the fulfillment of the commandments in deed or in word),
requires further amplification. What connection do the middot of fear and love
have with action and speech? The seat of the emotions is in the heart; how do
they come to clothe themselves in actions which are done with one’s hand (in
donning tefillin, for example), or in speech where one uses his mouth (such as
in oral Torah study)?
In answer to this question, the Alter
Rebbe explains that completeness in the performance of the commandments demands
love and fear of G-d; one can bring to his fulfillment of the commandments the
fullness generated by vitality and depth of feeling only when he is imbued with
fear and love of the Almighty.
In the Alter Rebbe’s words:
כי האהבה היא שרש כל רמ״ח מצות עשה וממנה הן
נמשכות, ובלעדה אין להם קיום אמיתי
For love is the root of a Jew’s
observance of all the 248 positive commands; from it they issue forth, and
without it they have no true substance.
כי המקיימן באמת הוא האוהב את שם ה׳ וחפ׳ לדבקה
בו באמת
For he who fulfills them in truth, is he
who loves G-d’s Name and who truly desires to cleave to Him.
ואי אפשר לדבקה בו באמת כי אם בקיום רמ״ח פקודין
Now, one cannot truly cleave to Him
except through the fulfillment of the 248 positive commandments,
Thus, one’s love of G-d and desire to
cleave to Him dictate that he observe the commandments. Why is it possible to
cleave to G-d only by fulfilling the commandments?
שהן רמ״ח אברין דמלכא כביכול, כמו שכתוב במקום
אחר
for they are the 2482 “organs of the
King” (of G-d, King of the universe), as it were, as is explained elsewhere.3
Just as each of the organs of a human
being is a vessel for the particular soul power that clothes itself in it
(e.g., the eye is a vessel for the power of sight, the ear for hearing, and so
on), so is each commandment a vessel for the specific aspect of G-d’s Will (the
“Supernal Will”) which clothes itself in that particular commandment. Each
commandment expresses not only the Supernal Will that a specific act be carried
out, but also the particulars of its observance. Thus it is understood that by
performing the commandments one achieves unity with G-d, Whose Will they
express.
It follows, then, that love of G-d
clothes (or expresses) itself in one’s performance of the 248 positive
commandments; it is their root and life-force, which leads one to observe them
with the totality of one’s being. For when one loves G-d and desires to cleave
to Him, he will perform His commandments as he would perform a task for a dear
friend — with delight and zest, and with all of his being.
והיראה היא שרש לשס״ה לא תעשה, כי ירא למרוד
במלך מלכי המלכים הקדוש ברוך הוא
Fear is the root of one’s observance of
the 365 prohibitive commands, for he (the G-d-fearing person) will fear to
rebel against the Supreme King of Kings, the Holy One, blessed be He (by acting
in defiance of His Will; he will therefore refrain from anything that G-d
forbade).
At this level, the word “fear” is taken
in its simple sense — trepidation before the severity of G-d’s command.
או יראה פנימית מזו, שמתבושש מגדולתו, למרות
עיני כבודו ולעשות הרע בעיניו
Or a deeper level of fear — that he feels
ashamed before G-d’s greatness, so that he will not rebel against the
all-seeing eyes of His glory by doing what is evil in His eyes,
כל תועבת ה׳ אשר שנא, הם הקליפות וסטרא אחרא
namely, any of the abominable things
hated by G-d, which are the kelipot and sitra achra (the “other side” — that
which is the opposite of holiness),
אשר יניקתם מהאדם התחתון, ואחיזתם בו הוא בשס״ה
מצות לא תעשה
which draw their nurture from man below
(in this world) and have their hold in him so that they be able to derive their
nurture and life through him through his violation of the 365 prohibitive
commandments.
When a person transgresses a prohibitive
commandment, G-d forbid, he provides the kelipot with additional strength and
vitality. Since kelipot and the sitra achra are entities which conceal
G-dliness and holiness and are as such despised by G-d, the Jew therefore
guards himself against transgressing. He is “ashamed” to transgress and give
the kelipot strength and life. Thus, fear of G-d clothes itself in the
observance of prohibitive commandments; for one’s fear of G-d enables him to
withstand temptation and refrain from transgression.
We now understand clearly how fear and
love of G-d are related to the fulfillment of the commandments, and how the
middot are the root and life-force in the performance of commandments in both
action and speech.
* * *
FOOTNOTES
1. Mishnah,
Peah 1:1.
2. Tikkunei
Zohar, Tikkun 30.
3. See
further, ch. 23.
---
Rambam - Daily Mitzvah - Sefer Hamitzvos:
N237
Negative Commandment 237
Participation in a Loan in which Interest
is Charged
"You shall not impose interest upon
him"—Exodus 22:24.
We are forbidden from taking any active
part in a loan that involves interest. We may not be the guarantor or witness
for such a loan, nor may we act as the scribe who records it. (In addition to
the prohibition against lending with interest, the lender transgresses this
prohibition too).
The 237th prohibition is that we are
forbidden from being involved between the borrower and the lender in a loan
with interest. We cannot act as guarantor for either one of them, testify for
them, or write a document for them regarding their agreement involving
interest.
The source of this prohibition is G‑d's statement1
(exalted be He), "Do not place interest upon him." In the words of
tractate Bava Metzia:2 "The guarantor and witnesses only transgress the
prohibition, 'Do not place interest upon him.' " There it is explained
that the scribe has the same status as the guarantor and witnesses.
It is also explained there that this
prohibition, "Do not place interest upon him" — although it refers to
the intermediaries — also includes the lender. Therefore, one who lends money
with interest transgresses six prohibitions:
1) "Do not press him for
repayment."3
2) "Do not make him pay interest
(neshech) for your money."4
3) "Do not make him pay interest
(marbis) for your food."5
4) "Do not take interest from
him."6
5) "Do not place interest upon
him."7
6) "Do not place a stumbling block
before the blind."8
Our Sages said there that: "The
following transgress prohibitions: the lender, the borrower, the guarantor, and
the witnesses. The Sages said: 'The scribe too.' They transgress 'do not make
him pay,' 'do not take,' 'do not press him,' 'do not place,' and 'Do not place
a stumbling block before the blind.' " Abaye said in the Gemara, "The
lender transgresses all of them; the borrower — 'do not deduct' and 'do not
place a stumbling block before the blind'; the guarantor and witnesses — 'do not
place interest upon him.' "
When one transgresses this prohibition9 —
if it is ribis k'tzutza (interest by Torah law) — the interest is taken away
and given back to the one who paid it.
FOOTNOTES
1. Ex.
22:24.
2. 75b.
3. Ibid.
4. Lev.
25:37.
5. Ibid.
6. Ibid.,
25:36.
7. Ex.
22:24.
8. Lev.
19:14.
9. It
would seem that this statement belongs to N235, since it speaks to the lender.
See Kapach, 5731, footnote 8.
---
Rambam - 1 Chapter a Day: Metamme'ey
Mishkav uMoshav Chapter 5
Chapter 5
Halacha 1
A zav, a zavah, a nidah, and a woman
after childbirth remain impure and impart impurity to humans, articles, and
articles on which one sits or lies until they immerse. Even if they remained
several years without an impure emission, but did not immerse, they remain
impure.
Halacha 2
When a woman after childbirth does not
immerse after the seven days of impurity obligated after the birth of a male
child and the fourteen days obligated after the birth of a female child, any
blood that will be discharged afterwards even though it is discharged during
her days of purity, is like the blood of a nidah and imparts impurity whether
it is moist or dry. Scripture did not make the matter dependent on days alone,
but on days and immersion.
Halacha 3
When a woman who gave birth descended to
immerse herself to make the transition from impurity to purity and she
discharged blood as she was descending and emerged from the inner space of her
uterus, it is impure. Immersion has no effect on this blood even though it is
still within her body. If she discharges it as she ascends from immersion in
the mikveh, it is pure. For it is "pure blood" and the immersion is
effective with regard to all the blood that is within her body and causes it to
be considered as "pure blood."
Halacha 4
When a woman after childbirth immersed
after the seven impure days that follow the birth of a male, after the fourteen
impure days that follow the birth of a female, or after counting seven spotless
days if she gave birth in a state of zivah, throughout her days of purity, she
is considered as an impure person who immersed but nightfall has not arrived.
She is not required to undergo another immersion at the conclusion of her days
of purity. Instead, when those days are completed, she is like a person who
immersed in the mikveh and the day passed.
In which contexts is she considered as a
person who has immersed that day? With regard to terumah and the second tithe.
But with regard to sacrificial food, she is like a person who is a derivative
of impurity who did not immerse. She is like a person who touched a nidah or a
person who is impure due to contact with a corpse who has not yet immersed, or
the like. Thus it can be concluded that a woman in the midst of her days of
purity may partake of the second tithe and disqualifies terumah like a person
who has immersed that day does, as will be explained.
If some of her saliva or her pure blood
fell on a loaf of bread that was terumah, the loaf remains pure. For fluids
coming from a person who immersed that day are pure, as will be explained. Such
fluids do, however, impart impurity to sacrificial foods as a derivative of
impurity would until her days of purity are completed and she is pure in all
respects. It appears to me that since she imparts impurity to sacrificial foods
during these days of purity, she must immerse herself at the end of her days of
purity and only then may she touch sacrificial food. This applies even though
she does not require another immersion to partake of terumah.
Halacha 5
When a woman who gave birth and who is
afflicted by tzara'at immersed herself after the seven days of impurity
required after giving birth to a male or the fourteen days required after a
female, her "pure blood" is impure like her saliva and her urine.
They are all considered as impure fluids, for all fluids that become impure
that are discharged from impure people are like liquids that they touch with
the exception of a zav and the like. For the three fluids they discharge are
sources of ritual impurity, as we explained.
Halacha 6
When a minor zavah immerses on the day she
is watching after sunrise, the status of the articles she touches and a man
with whom she is intimate is indefinite, as we explained with regard to the
prohibitions of nidah. If she completes the day without experiencing further
uterine bleeding, anything she touches is pure and one who is intimate with her
is pure and he is exempt. If she experiences uterine bleeding after she
immerses, any pure objects that she touched are impure, the laws concerning the
impurity imparted by a zav to an article on which one lies or rides apply and a
man who is intimate with her is liable for a sin-offering.
If she immersed herself before dawn
during the night before the day on which she should be cautious, it is as if
she never immersed and the laws concerning the impurity imparted by a zav to an
article on which one lies or rides apply.
Halacha 7
When a woman experiences uterine bleeding
on the eleventh day of zivah. and immersed herself in the evening, on the night
of the twelfth, the laws concerning the impurity imparted by a zav to an
article on which one lies or rides apply even though she is not fit to become a
major zavah, as we explained with regard to the prohibitions of nidah.
Halacha 8
If she immersed on the twelfth day after
sunrise, although she is forbidden to engage in intimacy until the evening, if
she was intimate, the man with whom she was intimate is pure and articles on
which one lies or rides that she touches are pure even if she experiences
uterine bleeding on the twelfth day after immersion. The rationale is that this
day is the beginning of the days of nidah, as we explained with regard to the
prohibitions of nidah. The twelfth day is never joined to the eleventh day.
Therefore even if she experiences bleeding on the eleventh day, she need not be
cautious regarding the twelfth day. Instead, she may immerse herself and touch
articles that are ritually pure.
If, by contrast, she experiences uterine
bleeding on the tenth day, she should immerse herself on the eleventh day and
be cautious with regard to it. For if she experiences uterine bleeding after
immersing herself all the pure articles she touches become impure. Similarly, a
man with whom she engages in relations becomes impure, even though she will
never become a major zavah as a result of this bleeding, as we explained with
regard to the prohibitions of nidah.
Halacha 9
When a zav and a major zavah immerse on
their seventh spotless day as we explained, they should not touch articles that
are ritually pure until the evening, lest they experience an impure discharge
that day. In such an instance, that would disqualify the seven days which were
counted and retroactively, the pure articles would become impure. Although the
laws concerning the impurity imparted by a zav to an article on which one lies or
rides apply retroactively, they do not retroactively impart impurity to an
earthenware utensil that they moved after they immersed even though they
experienced an impure discharge after immersing and disqualified all the days
that they had counted. Nevertheless, any earthenware utensil that they touched
until they experienced the discharge is pure.
---
Rambam - 3 Chapters a Day: Malveh veLoveh
Chapter 22, Malveh veLoveh Chapter 23, Malveh veLoveh Chapter 24
Chapter 22
Halacha 1
This is the order in which debts are
collected: When the creditor brings his promissory note to the court and the
authenticity of the witnesses' signatures are verified, we tell the borrower:
"Pay." We do not attach his property until the creditor demands this.
If a judge errs and gives the creditor access to the borrower's property before
he demands it, we remove the creditor from it.
If the borrower responds: "I will
pay. Establish a date for me, so that I will have time to borrow money from
another person, offer my land as collateral, sell property and bring the
money," we grant him 30 days. We do not require that he bring security to
the court. For if he possessed movable property, the court would expropriate it
immediately.
If the creditor desires, he may have a
conditional ban of ostracism issued against anyone who possesses money or
movable property and uses arguments to avoid payment. We do not require the
borrower to bring a guarantor until he pays.
If the borrower has not brought payment
when these 30 days are concluded, the court composes an adrachta. Similarly, if
at the outset, when the lender demanded payment of him, he said: "I will
not pay," we compose an adrachta against his property immediately and do
not grant him any time. Similarly, if what is involved is a loan supported by a
verbal commitment alone and the borrower admits his obligation, we compose an
adrachta against the property that is presently in his possession.
Halacha 2
The following rules apply when the
borrower claims: "The promissory note concerning which the signatures of
the witnesses was validated is a forgery. I will bring proof and nullify the
matter The witnesses are located in this and this place and their names are
so-and-so and so-and-so." If it appears to the judges that there is
substance to his words, a time is established in which he must bring his
witnesses to court. If it appears to them that he is merely raising deceptive
arguments and fallacious claims, they should tell him: "Pay."
Afterwards, if he brings proof of his claim, the money should be returned to
him.
If the creditor is a man of force and it
is possible that the money will not be able to be recovered from him, it should
be entrusted to a third party.
Halacha 3
When a time was established for the
borrower to bring proof and nullify the promissory note, that time came and he
did not come to court, we wait for three court sessions Monday, Thursday and
Monday. If he does not come, we compose a peticha against him and place him
under a ban of ostracism.
We give him a further respite of 90 days
while he is under the ban of ostracism. The first 30, for perhaps he is seeking
a loan, the middle 30, for perhaps he is seeking to sell property, and the
final 30, for perhaps the person who purchased his property is seeking to bring
him the money.
When these 90 days are completed and the
borrower still does not appear in court, the court composes an adrachta against
his property and releases him from the ban of ostracism.
Halacha 4
If the borrower lives within a two-day
journey or less from the court, we do not compose an adrachta until we send
messengers and inform him of this impending step. If he lives further away, it
is not necessary to inform him.
When does the above apply? When
throughout the entire 90 days he would procrastinate and say: "Just now, I
will bring proof that nullifies the promissory note." If, however, he
says: "I refuse to appear in court," we compose an adrachta against
both his movable and his landed property immediately. Similarly, if a person is
being sued on the basis of a legal document recording an object entrusted to
him for safekeeping, we do not wait 90 days and instead, we compose an adrachta
against his property immediately.
Halacha 5
The statements made above - that if the
borrower does not come at the conclusion of the 90-day period we compose an
adrachta - applies only with regard to landed property. With regard to movable
property, by contrast, different rules apply. Even after 90 days, as long as
the borrower says: "I will bring a proof and nullify the promissory
note," we do not allow the lender to expropriate movable property.
The rationale is that the alleged lender
might consume it and afterwards, the borrower will bring the proof that
nullifies the promissory note, and then he will not find property belonging to
the alleged lender that he can collect for repayment. This applies even if the
lender possesses landed property, for perhaps that property will decrease in
value or become dried out.
Halacha 6
How is the adrachta composed? If we are
expropriating property that is in the borrower's possession, we write in that
document:
"So-and-so was obligated by a
judgment to pay so-and-so this amount. He has not made this payment on his own
volition. Hence, we have composed this adrachta against this and this field that
he possesses."
Afterwards, three experts evaluate a
portion of that field equivalent in value to the debt that he owes, and its
prospective sale is announced according to the appraisal until those who add to
the estimation make their bids. If there are no buyers, we transfer ownership
of that portion of the field to the creditor because of his debt and rip up the
promissory note, if such a document existed. If there was no landed property in
the borrower's possession, we compose the adrachta which states:
So-and-so undertook an obligation to
so-and-so as recorded in the promissory note possessed by the creditor. The
debtor has not paid this debt. We have not found property that is presently in
the debtor's possession. We have already torn up the promissory note that the
creditor possessed and have given him license to seek out and research whether
there are any properties that the debtor sold from this and this date and
onward, with the intent that his hand be raised over them. He has license to
derive payment and expropriate his debt from all such properties.
Halacha 7
After this adrachta is composed, the
lender goes and seeks property belonging or that once belonged to the borrower.
If he finds property that is in his possession, they are evaluated for him. If
he finds only property that has been sold after the date of his promissory
note, he may expropriate it. We tear up the adrachta and write a tirpa.
Halacha 8
How is the tirpa composed? We write:
Because of the debt of this and this
amount that so-and-so owes him, so-and-so won in court the right to expropriate
this and this field that so-and-so purchased for this and this amount at this
and this time. We have already torn up the adrachta that was in his possession,
and we have given him license to expropriate this and this amount from this
property.
Halacha 9
After the tirpa is written so that the
lender may expropriate the property, we bring three experts to that field who
evaluate that field and appraise how much of the field should be given to him
for the principal and half of the field's increase in value, as explained. We
then announce the property's sale for thirty days in the same manner as we
announce the sale of property inherited by orphans.
Halacha 10
Afterwards, if the borrower is with us on
the land, we require the borrower to take an oath that he is bankrupt, as
ordained by our Sages. We also require the person expropriating the property to
take an oath while holding a sacred object that he did not collect payment for
this debt, that he did not waive payment of it, and that he did not sell it to
another person. Afterwards, we give the lender possession of the purchaser's
according to the assessment of the debt owed him, and we compose a horadah.
Halacha 11
How is this document composed? The judges
write:
After we had an evaluation of the
property made for so-and-so, because of the debt he was owed, we announced the
sale of the property as is fitting, and we required both the person
expropriating the property and the debtor to take the appropriate oaths, we
have given so-and-so possession of this and this field. He may use it as a
person uses property that he has acquired.
Halacha 12
From which time may the person who seeks
to expropriate this property derive benefit from its produce? From the time the
days of the announcement are completed.
Halacha 13
Whenever an adrachta does not state:
"We have torn up the promissory note," it is not an acceptable
adrachta. Whenever a tirpa does not state: "We have torn up the
adrachta" it is not an acceptable tirpa. Whenever a shuma does not state:
"We have torn up the tirpa," it is not an acceptable shuma.
Halacha 14
When three experts descend to evaluate a
property, one evaluates it as worth a maneh and two evaluate it at 200 zuz, or
one evaluates it at 200 zuz and the other two evaluate it as worth a maneh, the
assessor who offers the lone opinion is considered insignificant.
If one assessor evaluates it as worth a
maneh, another at 80 zuz, and the third at 120, it is considered to be worth
100. If one says 100, the second 90, and the third 130, it is considered worth
110. This is our pattern of evaluation.
Halacha 15
When the court evaluated property
belonging to a purchaser on behalf of a person who sought to expropriate it and
erred - even if the error was concerning the smallest amount - the sale if
nullified. The rationale is that since the court is considered to be an agent
of the person expropriating the property and the purchaser, they have
permission to expedite the matter, but not to impair anyone's position as is
the law applying to an agent. All of the Halachic authorities ruled in that
manner.
Halacha 16
When the court evaluates and expropriates
a property for a creditor -whether from property in the creditor's possession
or property that was in the possession of a purchaser - and afterwards, the
borrower, the person from whom the property was expropriated, or their heirs,
acquires financial resources and pays the creditor his money, the creditor is
removed from that landed property. For property that was evaluated and
expropriated should always be returned to its owners, as mandated by
Deuteronomy 6:18: "And you shall do what is just and good."
Halacha 17
When the court evaluates and expropriates
a property for a creditor and then evaluates and expropriates a property for a
creditor of that creditor, the original owner can redeem it. The legal power of
the second creditor is no greater than that of the first.
When a creditor sold the property
expropriated for him, gave it away as a present, gave it to his creditor
voluntarily, or he died and the property was inherited, the original owner does
not have the right to redeem it. If landed property was evaluated and
expropriated for a woman and then she married, or property she owned was
evaluated and expropriated from her and she married, her husband is considered
to be a purchaser with regard to her property. He is not required to return it,
nor must it be returned to him.
Chapter 23
Halacha 1
Promissory notes that are predated are
invalid, because they will be used to expropriate property from purchasers in
an unlawful manner. Accordingly, our Sages penalized the lender, ruling that he
may expropriate only property in the debtor's possession with a predated
promissory note. This is a decree, enacted lest he expropriate property from
the first, earlier, date.
Halacha 2
Postdated promissory notes are
acceptable. For the legal power of the possessor of the promissory note has
been diminished, for the lender can expropriate only property from the date of
the promissory note. Even if the document does not state that it was postdated,
it is acceptable.
Halacha 3
When a promissory note is written during
the day and signed in the night that follows it, it is unacceptable, because it
is predated. If, however, the borrower and the lender were involved in
negotiating the matter until night fell and then they signed, it is acceptable,
even when the kinyan was made at night.
Halacha 4
When a promissory note is dated on the
Sabbath or on the tenth of Tishrei, we assume that it was postdated and that it
is acceptable. We do not suspect that perhaps it is predated and that it was
written on Sunday or on the eleventh of Tishrei. Instead, we accept the
presumption that the promissory note is acceptable. The rationale is that it is
known that legal documents are not composed on the Sabbath. Therefore, it was
postdated.
Halacha 5
We may compose a promissory note for the
borrower even though he is not accompanied by the lender. We do not, however,
compose a promissory note for the lender unless he is accompanied by the
borrower.
When does the above apply? With regard to
a promissory note that was affirmed by a kinyanJ For from the time the kinyan
was carried out, the borrower's property was on lien. When, however, a
promissory note was not affirmed by a kinyan, we do not compose the note even
for the borrower, unless he is accompanied by the lender and he gives the note
to the lender in our presence. The rationale is that we suspect that the
borrower may have the document composed at this time so that he can take a loan
in Nissan, but in fact the loan will not be given until Tishrei. Thus, the
lender will be able to use this promissory note to expropriate property that
was in the borrower's possession unlawfully from Nissan, although the
promissory note did not enter his possession until Tishrei.
Halacha 6
The following rules apply when witnesses
performed a kinyan with the borrower, the seller, or another person involved in
a business agreement, but the composition of the legal document was delayed
extensively. If they remembered the date on which the kinyan was established,
they should write the date of the kinyan in the legal document, even though it
was not the date that they signed the legal document. It is not necessary for
them to state in the document: "Our signatures were delayed until
this-and-this date." If the witnesses do not know the date on which the
kinyan was performed, they should date the legal document from the day on which
it was composed.
Similarly, witnesses who observed a
business transaction in one country and composed a legal document in another
country should not record the place where they observed the testimony in the
legal document. Instead, they should record the place where they signed the
legal document.
Halacha 7
When deeds of sale are not dated with the
date of the transaction, even those that are postdated are not acceptable. The
rationale is that the purchaser may use them to expropriate property in an
unlawful manner.
What is implied? For example, the seller
could have repurchased the field from the purchaser before the date of the
postdated deed of sale. The purchaser could then produce the postdated deed of
sale and say: "I returned and purchased it from you a second time."
He could thus expropriate property from a purchaser unlawfully.
Why don't we harbor the same suspicions
with regard to a postdated promissory note? It is possible that the borrower
paid the lender before the date stated in the promissory note, the lender will
write him a receipt, and then produce the promissory note and expropriate
property unlawfully. We do not harbor such suspicions, because whenever a
person composes a postdated promissory note, he can protect himself by having
the receipt composed without a date. Thus, whenever the lender will produce the
promissory note, the borrower can nullify it by producing this receipt. If the
borrower did not do this and allowed the receipt to be composed dated the day
when the debt was repaid, he caused himself a loss.
Halacha 8
When a person was compelled to sell his
field against his will and issued a protest, or hurried and sold the field or
gave it away to another person before he sold it to the person who compelled
him to sell it, the money that the person who compelled him to sell it gave him
is considered to be a loan supported by a verbal commitment alone. He may not
use that deed of sale to expropriate any property that had been sold by the
seller to others. This law was stated, because this deed of sale should not
have been written, and it was written only under compulsion. Similar laws apply
in all analogous situations.
Halacha 9
It is possible for a person to
expropriate property without a legal document, merely on the basis of verbal
testimony.
What is implied? If a person has witnesses
who will testify that property was stolen from his father. He can expropriate
the property on the basis of this testimony, although there is no legal
document. Similarly, if witnesses testify that a judgment was concluded for his
father to expropriate property from so-and-so, for this-and-this amount, at
this-and-this time, and his father died without expropriating the property, the
son may expropriate property on the basis of this testimony.
Halacha 10
Therefore, we should never compose two
deeds of sale for the same property, lest the purchaser perpetrate deception
together with the creditor and expropriate property unlawfully.
What is implied? This person will
expropriate this field from the purchaser based on testimony that his father
had the right to expropriate it. The purchaser will then use one deed of sale
that he possesses to expropriate property from people who purchased property
after he did from the borrower who sold him the property. The court will tear
up the deed of sale that the initial purchaser possesses.
For the sake of deception, the person who
expropriated the field will allow the purchaser to take possession of it again.
He will then expropriate it again on the basis of the testimony of his
witnesses. The purchaser will then produce the second deed of sale and
expropriate property from other purchasers unlawfully.
If so, what should a person who has lost
his deed of sale to a property do if the witnesses to the sale are still alive?
A second deed of sale should be composed, saying: "This deed of sale may
not be used to expropriate property that has been sold, or property that is in
the possession of the seller. We have composed it only to establish so-and-so,
the purchaser, as the owner of the field, so that the seller or his heirs cannot
expropriate it from him."
Halacha 11
This principle does not apply with regard
to promissory notes. Even though the witnesses to the loan are alive and
entered into a kinyan with the borrower, if the lender returns immediately and
tells the witnesses: "The promissory note that you composed for me is now
lost or was burnt," they should not compose a second promissory note for
him. 5 We suspect that the debt was paid or that he waived payment.
The above applies even if the loan was
given for a period of time. The lender cannot collect any money on the basis of
the testimony of these witnesses, unless the borrower states: "The loan
was never given." In that instance, he is established as a liar through
their testimony, as will be explained.
Halacha 12
When a promissory note in a person's
possession is worn and it is beginning to become effaced, the lender should
have witnesses look at it. He should then come to the court, and the court will
validate it. The witnesses who signed the promissory note itself, however, may
not compose another promissory note on their own initiative, even when the
promissory note was blotted out in their presence. Instead, they should go to
the court, and the court will validate the promissory note.
Halacha 13
How should this promissory note be
validated? The court composes a new document that states: "We the court
composed of so-and-so, so-and-so, and so-and-so, saw how so-and-so, the son of
so-and-so, produced a promissory note that was effaced in our presence. It was dated
on this-and-this date. So-and-so, and so-and-so are his witnesses."
If they composed such a document and
required the testimony of the witnesses, and their testimony was corroborated,
the lender may collect the debt with this document that was composed for him.
No further validation is required.
If the court did not compose such a
document ,56 if the debtor protests that the document is a forgery, the lender
must also bring proof regarding the signatures of the original witnesses, so
that their testimony will be validated.
Halacha 14
When a promissory note is torn, it is
acceptable. If its wording is in the process of being rubbed out or muddled, as
long as the form of the original letters are recognizable, it is acceptable.
If it is torn as the court tears a legal
document, it is unacceptable. In which manner does the court tear a legal
document? Both horizontally and vertically.
Halacha 15
The following laws apply when a person
repays a portion of a debt recorded in a promissory note. If the lender
desires, he may exchange the original promissory note, and the court composes a
new document for him for the remainder of the debt, with the lien beginning on
the original date. The witnesses to the original promissory note may not take
this initiative. If he desires, he may write the borrower a receipt.
Halacha 16
When a person comes to pay his debt, and
the lender tells him: "I lost my promissory note," the lender should
compose a receipt for him and then the borrower should pay the entire debt. The
borrower may, however, have a ban of ostracism issued against anyone who hides
his promissory note and claims that it is lost.
If the borrower lodges a definite claim,
saying: "The promissory note is in his possession. He just placed it in
his pocket," my masters have ruled that the lender should take a sh'vuat
hesset that the promissory note was lost. Afterwards, the borrower should pay
the debt and a receipt should be composed.
Halacha 17
When a lender produces a promissory note
for a maneh and asks that two promissory notes for 50 zuz be composed, we do
not comply. The rationale is that it is of benefit for the borrower to have the
entire debt recorded in a single promissory note. For if he pays him a portion
of the debt, the legal power of the promissory note will be impaired.
Conversely, if the lender produced two
promissory notes, each one for 50 zuz, and asks that one promissory note for
100 be composed, we do not comply. Instead, we validate both of them
individually. The rationale is that it is of benefit for the borrower to have
two promissory notes, so that the lender cannot compel him to pay the entire
sum at one time.
Halacha 18
When a lender produces a promissory note
for 100 zuz and says: "Tear it up and compose another promissory note for
50," we do not heed his request. We fear that perhaps the borrower repaid
the entire amount, and the lender wrote a receipt for him. If the lender
authenticated the new promissory note for 50 zuz and the borrower produced the
receipt, he would tell the borrower: "This is another promissory
note."
Chapter 24
Halacha 1
We have already explained that a
promissory note concerning a loan that was affirmed by a kinyan may be composed
for a borrower even when the lender is not together with him. Similarly, we
compose a deed of sale for a seller even though the purchaser is not together
with him. And we compose a receipt for a lender even though the borrower is not
together with him. We compose a receipt for a woman even though her husband is
not together with her, and a bill of divorce for a man even though his wife is
not with him.
We do not compose legal documents for
consecration and marriage, sharecropping agreements, business contracts,"
the choice of judges, the claims of the litigants, and any act of court without
the consent of both principals. It is necessary to be careful about all the
particulars of the composition of these documents, as is the case with regard
to other legal documents.
Halacha 2
Who must pay the scribe's fee for the
composition of these documents? With regard to promissory notes, the borrower
must pay. With regard to deeds of sale, the purchaser must pay. The woman must
pay the fee for the bill of divorce. The groom must pay the fee for documents
for consecration and marriage. The recipient of the field, the sharecropper, or
the worker must pay the fee for the composition of a contract. With regard to
the document recording the choice of judges and the claims of litigants, both
parties must share the fee.
Halacha 3
The following law applies both to legal
documents composed for one of the parties when the other is not present, and
legal documents that can be composed only when both consent and both are
present - e.g., a promissory note written at the request of the lender, or a
deed of sale written at the request of the purchaser. In all instances, the
witnesses must recognize the identity of the individuals mentioned in the legal
document, that this is so-and-so, the son of so-and-so, and that this is
so-and-so, the son of so-and-so. This is necessary, lest two individuals come
and try to perpetrate deceit, changing their names to the names of other
people, and then acknowledge obligations to each other.
Halacha 4
Whenever a person has established a name
for 30 days in a city, we do not suspect that he has another name and has
changed his name to perpetrate deceit. For if we would raise such suspicions,
there would be no end to the matter.24
Therefore, if a person who has not
established has name in a city for 30 days comes and asks: "Write a
promissory note for me that I am obligated to so-and-so" - or "... to
this person for these and these many dinarim" we do not compose such a
document for him unless he brings proof that this is his name, or he waits until
his identity is established.
Halacha 5
The following laws apply when there is a
dispute with regard to any promissory note produced before us. For example, the
borrower claims: "I do not owe anything. Maybe a charlatan pretended that
his name was my name and acknowledged owing money to this person." Or he
might claim: "I do not owe anything to this person, but rather to another
person. This plaintiff is a charlatan in claiming that his name is the same as
the name of the person to whom I owe." Since it has not been established
that there are two people in that city with the same name, we pay no attention
to his claim. For it is an accepted presumption that witnesses will not sign a
legal document unless they know the identity of the people mentioned within it.
Similarly, it is an accepted presumption
that witnesses will not sign a legal document unless they know with certainty
that the persons making the statements concerning themselves are adults and
mentally competent. And witnesses will not sign a legal document unless they know
how to read and sign their names.
Halacha 6
When witnesses do not know how to sign
their names, and the names of the witnesses were cut out from a blank paper and
placed over the legal document, and then the witnesses "signed" with
this script, they are given stripes for rebellious conduct, and the promissory
note is unacceptable.
Halacha 7
When the head of a court of law knows
about the general circumstances described in a legal document, he may sign it
even though he does not read it himself, but instead, it was read to him by one
of his scribes. The rationale is that the head of the court trusts the scribe,
and the scribe is afraid. No other person can do this. A witness may not sign a
legal document until he reads it word for word.
Halacha 8
The following laws apply when there are
two people in a city, each named Yosef, the son of Shimon. Neither of them can
demand payment from the other on the basis of a promissory note that he
produces, nor can a third party demand payment from either of them on the basis
of a promissory note that he produces unless the witnesses who signed the
promissory note come themselves and testify: "This is the promissory note
concerning which we testified, and this is the person concerning whom we testified
regarding the loan."43
Similarly, such individuals cannot
divorce their wives unless they do so in the presence of the other individual
with the same name. Similarly, if a person finds a receipt among his legal
documents saying, "The promissory note concerning the debt owed to Yosef,
the son of Shimon, has been paid," the debts recording in the promissory
notes this person owes to both of these individuals with the same name are
considered to be paid.
What should people whose names and the
names of their parents are alike do to enable them to compose valid legal
documents? They should write the third generation as identification in the
legal document. If the names of their grandparents are the same, they should
write a sign. If the signs also looked alike, they should write their family
lineage. If they were both priests or both Levites, they should write further
generations.
Halacha 9
The following laws apply when a person
produces a promissory note against a colleague that states: "I, so-and-so,
the son of so-and-so, borrowed a maneh from you." Although the name of the
lender is not mentioned in the promissory note, any person who produces this
promissory note from his possession can expropriate payment with it. The
borrower cannot rebuff the plaintiff by saying that the promissory note
belonged to another person from whom it fell.
Similarly, when there are two people
named Yosef, the son of Shimon, dwelling in the same city and one of them
produces a promissory note against one of the inhabitants of the city, the
defendant cannot rebuff him by saying: "I am obligated to so-and-so whose
name is the same as yours and this promissory note fell from him."
Instead, the person who produced the promissory note may use it to collect the
debt. We do not suspect that the promissory note fell.
Halacha 10
The following laws apply when two persons
produce promissory notes against each other. The latter cannot tell the first:
"If I owed you money, why would you borrow from me?" Instead, each
one is entitled to collect the debt mentioned in his promissory note.
If both of the promissory notes were for
100 zuz, both of the principals possessed property of equivalent value, be it
property of superior quality, property of intermediate quality, or property of
inferior quality, we do not attend to them. Instead, each person remains with
what he possesses. If one possesses property of superior quality and property
of intermediate quality, and the other only property of inferior quality, the
one should expropriate the property of intermediate quality, and the other
should expropriate the property of inferior quality.
Halacha 11
The following laws apply when a person
produces a promissory note against a colleague and that person produces a deed
of sale, stating that the alleged lender sold him a field. If they are in a
place where the purchaser pays the money, and afterwards the seller writes the
deed of sale, the promissory note is invalidated. The rationale is that the
borrower will tell the alleged lender: "If I was indebted to you, you
should have used the money to pay the debt."
In a place where the deed of sale is
composed and then the money is paid, however, the promissory note is viable.
For the alleged lender can claim: "I sold you the field so that you would
have known property from which I could collect my debt if you claimed
bankruptcy."
---
Hayom Yom
Tuesday, 30 Kislev 5774 / 3 December 2013
"Today's Day"
NOTE: Since there was no Kislev 30 in the
year 5704 when "Today's Day" was published, it is customary to study
the portion for Kislev 29 today as well.
Tuesday Kislev
29, Fifth Day of Chanuka 5703
Torah lessons: Chumash: Mikeitz, Shlishi with Rashi.
Tehillim: 140-150.
Tanya: Ch. 4. In addition (p. 13)...(that
he violates). (p. 13).
The sins of Israel in the time of the
Greeks were: Fraternizing with the Greeks, studying their culture, profaning
Shabbat and Holy Days, eating t'reifa and neglecting Jewish tahara.1 The
punishment-tribulation was the spiritual destruction2 of the Sanctuary, death,
and slavery in exile. Through teshuva3 and mesirat nefesh,4 that great,
miraculous Divine salvation - the miracle of Chanuka - came about.
FOOTNOTES
1. Purity.
The term "family purity" (for taharat hamishpacha) describes Torah
laws concerning marriage, particularly mikva, and all observances related to
family sanctity. See Sh'vat 21; Nissan 10.
2. The
defilement of the Sanctuary, its altar, and the famous cruses of oil. The
physical destruction centuries later was by the Romans.
3. "Return,"
or "repentance," a frequent theme in Torah and Chassidus. See for
example Tishrei 3 to 8.
4. Total
devotion, to the point of martyrdom.
---
Daily Thought:
Why There Are Miracles
We take the laws of nature too seriously.
We think of the world as though it exists just as its Creator exists.
Therefore we have miracles. A miracle is
a state of enlightenment that says, “Our reality is nothing but a glimmer of a
higher reality. In that higher realm, there is no world. There is nothing else
but Him.”
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