Today in Judaism – Today is: Wednesday, 1
Tevet 5774 · 4 December 2013 - Chanukah Day 7 • Rosh Chodesh Tevet
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Today’s Laws and Customs:
• Rosh Chodesh Observances
Today is the 2nd 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.
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 Eight 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 eight
lights. (In the Jewish calendar, the day begins at nightfall; this evening,
then, commences the 8th and last 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 the 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.)
• Prayer for Rain
Tonight, starting with the Maariv evening
prayers, we begin inserting a request for rain -- "v'ten tal u'matar"
-- in the 9th blessing of the Amidah (in the Holy Land, the request for rain is
inserted beginning on Cheshvan 7)
Links:
The Rainmaker Winter Rain
Today in Jewish History:
• Esther made Queen (362 BCE)
"And Esther was taken to King
Achashverosh, to his palace, in the tenth month, which is the month of Tevet,
in the seventh year of his reign. And the king loved Esther more than all the
women, and she won his favor and kindness more than all the virgins; he placed
the royal crown on her head and made her queen in Vashti's stead" (Book of
Esther 2:16-17). This set the stage for the miracle of Purim six years later,
on the 13th and 14th of Adar of the year 3405 from creation (356 BCE).
Link: Love in the Ice Age
Daily Quote:
Why [are mourners fed] lentils? Just as
the lentil has no mouth, so is the mourner speechless...Just as the lentil is
round, so mourning comes round to all the inhabitants of this world(Talmud,
Bava Batra 16b)
Daily Study - Chitas and Rambam for
today:
Chumash: Vayigash, 4th Portion Genesis
45:28-46:7 with Rashi
Chapter 45
28. And Israel said, "Enough! My son
Joseph is still alive. I will go and see him before I die." כח. וַיֹּאמֶר
יִשְׂרָאֵל רַב עוֹד יוֹסֵף בְּנִי חָי אֵלְכָה וְאֶרְאֶנּוּ בְּטֶרֶם אָמוּת:
Enough! My son Joseph is still alive: I
have enough happiness and joy, since my son Joseph is still alive. [From Targum
Onkelos, Targum Jonathan]
רב עוד : רב לי עוד שמחה וחדוה, הואיל ועוד
יוסף בני חי:
Chapter 46
1. And Israel and all that was his set
out and came to Beer sheba, and he slaughtered sacrifices to the God of his
father Isaac. א. וַיִּסַּע יִשְׂרָאֵל וְכָל אֲשֶׁר לוֹ וַיָּבֹא בְּאֵרָה שָּׁבַע
וַיִּזְבַּח זְבָחִים לֵאלֹהֵי אָבִיו יִצְחָק:
to Beer-sheba: Heb. בְּאֵרָה שָׁבַע, like
לִבְאֵר שָׁבַע, to Beer-sheba. The “hey” at the end of the word takes the place
of the “lammed” at its beginning. [From Yeb. 13b]
בארה שבע : כמו לבאר שבע, ה"א בסוף תיבה
במקום למ"ד בתחלתה:
to the God of his father Isaac: One is
required to honor his father more than he is required to honor his grandfather.
Therefore, the sacrifices are associated with Isaac and not with Abraham. [From
Gen. Rabbah 94:5]
לאלהי אביו יצחק : חייב אדם בכבוד אביו יותר
מבכבוד זקנו לפיכך תלה ביצחק ולא באברהם:
2. And God said to Israel in visions of
the night, and He said, "Jacob, Jacob!" And he said, "Here I
am." ב. וַיֹּאמֶר אֱלֹהִים | לְיִשְׂרָאֵל בְּמַרְאֹת הַלַּיְלָה וַיֹּאמֶר
יַעֲקֹב | יַעֲקֹב וַיֹּאמֶר הִנֵּנִי:
“Jacob, Jacob!”:
An expression of affection. [From Sifra, Vayikra 1, Toseftas Ber. 1:15] [The
repetition of his name is an expression of affection.]
יעקב יעקב : לשון חיבה:
3. And He said, "I am God, the God
of your father. Do not be afraid of going down to Egypt, for there I will make
you into a great nation. ג. וַיֹּאמֶר אָנֹכִי הָאֵל אֱלֹהֵי אָבִיךָ אַל
תִּירָא מֵרְדָה מִצְרַיְמָה כִּי לְגוֹי גָּדוֹל אֲשִׂימְךָ שָׁם:
Do not be afraid of going down to Egypt:
[God encouraged him] because he was troubled at being compelled to leave the
Holy Land.
אל תירא מרדה מצרימה : לפי שהיה מיצר על שנזקק
לצאת לחוצה לארץ:
4. I will go down with you to Egypt, and
I will also bring you up, and Joseph will place his hand on your eyes. ד. אָנֹכִי
אֵרֵד עִמְּךָ מִצְרַיְמָה וְאָנֹכִי אַעַלְךָ גַם עָלֹה וְיוֹסֵף יָשִׁית יָדוֹ עַל
עֵינֶיךָ:
and I will also bring you up: He promised
him (Jacob) that he would be interred in the [Holy] Land. — [from Yerushalmi
Sotah 1:10]
ואנכי אעלך : הבטיחו להיות נקבר בארץ:
5. And Jacob arose from Beer sheba, and
the sons of Israel carried their father Jacob and their young children and
their wives, in the wagons Pharaoh had sent to carry him. ה. וַיָּקָם
יַעֲקֹב מִבְּאֵר שָׁבַע וַיִּשְׂאוּ בְנֵי יִשְׂרָאֵל אֶת יַעֲקֹב אֲבִיהֶם וְאֶת
טַפָּם וְאֶת נְשֵׁיהֶם בָּעֲגָלוֹת אֲשֶׁר שָׁלַח פַּרְעֹה לָשֵׂאת אֹתוֹ:
6. And they took their livestock and
their possessions that they had acquired in the land of Canaan, and they came
to Egypt, Jacob and all his descendants with him. ו. וַיִּקְחוּ אֶת מִקְנֵיהֶם
וְאֶת רְכוּשָׁם אֲשֶׁר רָכְשׁוּ בְּאֶרֶץ כְּנַעַן וַיָּבֹאוּ מִצְרָיְמָה יַעֲקֹב
וְכָל זַרְעוֹ אִתּוֹ:
that they had acquired in the land of
Canaan: But of what he had acquired in Padan-Aram he gave everything to Esau
[in payment] for his share in the Cave of Machpelah. He said, “Possessions
[acquired] outside the Land (of Israel) are inappropriate for me.” This is the
meaning of“which I acquired for myself with heaps (כָּרִיתִי)” (Gen. 50:5). He
placed before him stacks of gold and silver like a heap [of grain] (כְּרִי) and
said to him,“Take these.” [from Tanchuma Buber, Vayishlach 11]
אשר רכשו בארץ כנען : אבל מה שרכש בפדן ארם
נתן הכל לעשו בשביל חלקו במערת המכפלה, אמר נכסי חוצה לארץ אינן כדאי לי, וזהו (להלן
נ ה) אשר כריתי לי, העמיד לו צבורין של זהב וכסף כמין כרי ואמר לו טול את אלו:
7. His sons and his sons' sons with him,
his daughters and his sons' daughters and all his descendants he brought with
him to Egypt. ז. בָּנָיו וּבְנֵי בָנָיו אִתּוֹ בְּנֹתָיו וּבְנוֹת בָּנָיו וְכָל
זַרְעוֹ הֵבִיא אִתּוֹ מִצְרָיְמָה:
his sons’ daughters: Serah the daughter
of Asher and Jochebed the daughter of Levi.
ובנות בניו : סרח בת אשר, ויוכבד בת לוי:
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Daily Tehillim – Psalms Chapters 1 - 9
Chapter 1
This psalm inspires man to study Torah
and avoid sin. One who follows this path is assured of success in all his
deeds, whereas the plight of the wicked is the reverse.
1. Fortunate is the man that has not
walked in the counsel of the wicked, nor stood in the path of sinners, nor sat
in the company of scoffers.
2. Rather, his desire is in the Torah of
the Lord, and in His Torah he meditates day and night.
3. He shall be like a tree planted by
streams of water, that yields its fruit in its season, and whose leaf does not
wither; and all that he does shall prosper.
4. Not so the wicked; rather, they are
like the chaff that the wind drives away.
5. Therefore the wicked will not endure
in judgement, nor sinners in the assembly of the righteous.
6. For the Lord minds the way of the
righteous, but the way of the wicked will perish.
Chapter 2
This psalm warns against trying to outwit
the ways of God. It also instructs one who has reason to rejoice, to
tremble—lest his sins cause his joy to be overturned.
1. Why do nations gather, and peoples
speak futility?
2. The kings of the earth rise up, and
rulers conspire together, against the Lord and against His anointed:
3. “Let us sever their cords, and cast
their ropes from upon us!”
4. He Who sits in heaven laughs, my
Master mocks them.
5. Then He speaks to them in His anger,
and terrifies them in His wrath:
6. “It is I Who have anointed My king,
upon Zion, My holy mountain.”
7. I am obliged to declare: The Lord said
to me, “You are my son, I have this day begotten you.
1
8. Ask of Me, and I will make the nations
your inheritance, and the ends of the earth your possession.
9. Smash them with a rod of iron, shatter
them like a potter’s vessel.”
10. Now be wise, you kings; be
disciplined, you rulers of the earth.
11. Serve the Lord with awe, and rejoice
with trembling.
12. Yearn for purity—lest He become angry
and your path be doomed, if his anger flares for even a moment. Fortunate are
all who put their trust in Him
Chapter 3
When punishment befalls man, let him not
be upset by his chastisement, for perhaps--considering his sins—he is deserving
of worse, and God is in fact dealing kindly with him.
1. A psalm by David, when he fled from
Absalom his son.
2. Lord, how numerous are my oppressors;
many rise up against me!
3. Many say of my soul, “There is no
salvation for him from God—ever!”
4. But You, Lord, are a shield for me, my
glory, the One Who raises my head.
5. With my voice I call to the Lord, and
He answers me from His holy mountain, Selah.
6. I lie down and sleep; I awake, for the
Lord sustains me.
7. I do not fear the myriads of people
that have aligned themselves all around me.
8. Arise, O Lord, deliver me, my God. For
You struck all my enemies on the cheek, You smashed the teeth of the wicked.
9. Deliverance is the Lord’s; may Your
blessing be upon Your people forever
Chapter 4
This psalm exhorts man not to shame his
fellow, and to neither speak nor listen to gossip and slander. Envy not the
prosperity of the wicked in this world, rather rejoice and say: “If it is so
for those who anger Him . . . [how much better it will be for those who serve
Him!”]
1. For the Conductor, with instrumental
music, a psalm by David.
2. Answer me when I call, O God [Who
knows] my righteousness. You have relieved me in my distress; be gracious to me
and hear my prayer.
3. Sons of men, how long will you turn my
honor to shame, will you love vanity, and endlessly seek falsehood?
4. Know that the Lord has set apart His
devout one; the Lord will hear when I call to Him.
5. Tremble and do not sin; reflect in
your hearts upon your beds, and be silent forever.
6. Offer sacrifices in righteousness, and
trust in the Lord.
7. Many say: “Who will show us good?”
Raise the light of Your countenance upon us, O Lord.
8. You put joy in my heart, greater than
[their joy] when their grain and wine abound.
9. In peace and harmony I will lie down
and sleep, for You, Lord, will make me dwell alone, in security.
Chapter 5
A prayer for every individual, requesting
that the wicked perish for their deeds, and the righteous rejoice for their
good deeds.
1. For the Conductor, on the nechilot,1 a
psalm by David.
2. Give ear to my words, O Lord, consider
my thoughts.
3. Listen to the voice of my cry, my King
and my God, for to You I pray.
4. Lord, hear my voice in the morning; in
the morning I set [my prayers] before you and hope.
5. For You are not a God Who desires
wickedness; evil does not abide with You.
6. The boastful cannot stand before Your
eyes; You hate all evildoers.
7. You destroy the speakers of falsehood;
the Lord despises the man of blood and deceit.
8. And I, through Your abundant kindness,
come into Your house; I bow toward Your holy Sanctuary, in awe of You.
9. Lead me, O Lord, in Your
righteousness, because of my watchful enemies; straighten Your path before me.
10. For there is no sincerity in their
mouths, their heart is treacherous; their throat is an open grave, [though]
their tongue flatters.
11. Find them guilty, O God, let them
fall by their schemes; banish them for their many sins, for they have rebelled
against You.
12. But all who trust in You will
rejoice, they will sing joyously forever; You will shelter them, and those who
love Your Name will exult in You.
13. For You, Lord, will bless the
righteous one; You will envelop him with favor as with a shield.
Chapter 6
This is an awe-inspiring prayer for one
who is ill, to pray that God heal him, body and soul. An ailing person who
offers this prayer devoutly and with a broken heart is assured that God will
accept his prayer.
1. For the Conductor, with instrumental
music for the eight-stringed harp, a psalm by David.
2. Lord, do not punish me in Your anger,
nor chastise me in Your wrath.
3. Be gracious to me, O Lord, for I
languish away; heal me, O Lord, for my bones tremble in fear.
4. My soul is panic-stricken; and You, O
Lord, how long [before You help]?
5. Relent, O Lord, deliver my soul; save
me for the sake of Your kindness.
6. For there is no remembrance of You in
death; who will praise You in the grave?
7. I am weary from sighing; each night I
drench my bed, I melt my couch with my tears.
8. My eye has grown dim from vexation,
worn out by all my oppressors.
9. Depart from me, all you evildoers, for
the Lord has heard the sound of my weeping.
10. The Lord has heard my supplication;
the Lord accepts my prayer.
11. All my enemies will be shamed and
utterly terrified; they will then repent and be shamed for a moment.
Chapter 7
Do not rejoice if God causes your enemy
to suffer—just as the suffering of the righteous is not pleasant. David,
therefore, defends himself intensely before God, maintaining that he did not
actively harm Saul. In fact, Saul precipitated his own harm, while David’s
intentions were only for the good.
1. A shigayon 1 by David, which he sang
to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God;
deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion,
crushing me with none to rescue.
4. Lord, my God, if I have done this, if
there is wrongdoing in my hands;
5. if I have rewarded my friends with
evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake
my soul, let him trample my life to the ground, and lay my glory in the dust
forever.
7. Arise, O Lord, in Your anger, lift
Yourself up in fury against my foes. Stir me [to mete out] the retribution
which You commanded.
8. When the assembly of nations surrounds
You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution
upon the nations; judge me, O Lord, according to my righteousness and my
integrity.
10. Let the evil of the wicked come to an
end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He
Who saves the upright of heart.
12. God is the righteous judge, and the
Almighty is angered every day.
13. Because he does not repent, He
sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death
for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is
pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to
fall into the trap he laid.
17. His mischief will return upon his own
head, his violence will come down upon his own skull.
18. I will praise the Lord according to
His righteousness, and sing to the Name of the Lord Most High
Chapter 8
This psalm is a glorious praise to God
for His kindness to the lowly and mortal human in giving the Torah to the
inhabitants of the lower worlds, arousing the envy of the celestial angels.
This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength
is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a
psalm by David.
2. Lord, our Master, how mighty is Your
Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and
sucklings You have established might, to counter Your enemies, to silence foe
and avenger.2
4. When I behold Your heavens, the work
of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember
him, son of man that You should be mindful of him?
6. Yet, You have made him but a little
less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your
handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the
beasts of the field;
9. the birds of the sky and the fish of
the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your
Name throughout the earth.
Chapter 9
One should praise God for saving him from
the hand of the enemy who stands over and agonizes him, and for His judging
each person according to his deeds: the righteous according to their
righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of
Labben, a psalm by David.
2. I will thank the Lord with all my
heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I
will sing to Your Name, O Most High.
4. When my enemies retreat, they will
stumble and perish from before You.
5. You have rendered my judgement and
[defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked,
erased their name for all eternity.
7. O enemy, your ruins are gone forever,
and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He
established His throne for judgement.
9. And He will judge the world with
justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the
oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their
trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion,
recount His deeds among the nations.
13. For the Avenger of bloodshed is
mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my
affliction at the hands of my enemies, You Who raises me from the gates of
death,
15. so that I may relate all Your praises
in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that
they made; in the net they concealed their foot was caught.
17. The Lord became known through the
judgement He executed; the wicked one is snared in the work of his own hands;
reflect on this always.
18. The wicked will return to the grave,
all the nations that forget God.
19. For not for eternity will the needy
be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail;
let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord;
let the nations know that they are but frail men, Selah.
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Today's Tanya Lesson - Likutei Amarim,
middle of Chapter 4
Wednesday, 1 Tevet 5774 / 4 December 2013
Likutei Amarim, middle of Chapter 4
Until now it has been explained that the
divine soul has three garments in which it clothes itself: the thought, speech
and action of Torah and the commandments. The Alter Rebbe now goes on to state
that, unlike physical garments, which are less important than their wearer, the
garments of the divine soul are even loftier than the soul which “wears” them.
Thus, “wearing” its garments — i.e., thinking and speaking words of Torah, and
acting in performance of the commandments — elevates the soul to a higher
level. For, since Torah and the commandments are one with G-d, the Jew, by
donning the garments of Torah and the commandments, also becomes united with
him. In the Alter Rebbe’s words:
והנה שלשה לבושים אלו מהתורה ומצותיה, אף שנקראים
לבושים לנפש רוח ונשמה
Now these three “garments” deriving from
the Torah and its commandments, though they are called [merely] “garments” of
the Nefesh, Ruach and Neshamah,
עם כל זה גבהה וגדלה מעלתם לאין ק׳ וסוף על
מעלת נפש רוח ונשמה עצמן
nevertheless, their quality (the quality
of the garments of the Torah and its commandments) is infinitely higher and
greater than that of the Nefesh, Ruach and Neshamah themselves,
כמו שכתוב בזהר, דאורייתא וקודשא בריך הוא כולא
חד
[for] as explained in the Zohar,1 Torah
and the Holy One, blessed be He, are truly one.
פירוש: דאורייתא, היא חכמתו ורצונו של הקדוש
ברוך הוא, והקדוש ברוך הוא בכבודו ובעצמו, כולא חד
This means: Since Torah is the wisdom and
Will of the Holy One, blessed be He (i.e., the wisdom of Torah expresses G-d’s
wisdom; its practical application and laws — e.g., whether or not a particular
object is kosher — expresses His Will), it is one with His glory and essence,
כי הוא היודע והוא המדע וכו׳ כמו שכתוב לעיל
בשם הרמב״ם
since He is the Knower, the Knowledge...
and the Known, as explained above in ch. 2 in the name of Maimonides (— that
these three aspects, separate and distinct in terms of human intellect, are, as
they relate to G-d, one and the same entity: they are all G-dliness).
The Torah, being G-d’s intellect, is thus
one with G-d Himself, and when a Jew understands and unites himself with it, he
is united with G-d Himself.
From the above we understand that since
the garments of thought and speech of Torah study and the active performance of
the commandments are united with G-d, they are even higher than the soul
itself.
However, a question presents itself: How
can it be said that in understanding Torah one comprehends G-d’s wisdom and
Will, when G-d’s wisdom — like G-d Himself — is infinitely beyond man’s limited
comprehension? This will now be explained:
ואף דהקדוש ברוך הוא נקרא אין סוף, ולגדולתו
אין חקר, ולית מחשבה תפיסא ביה כלל
Although the Holy One, blessed be He, is
called Ein Sof (“Infinite”), and2 “His greatness can never be fathomed,” and3
“No thought can apprehend him at all,”
וכן ברצונו וחכמתו
and so are also His Will and His wisdom
(infinite and unfathomable),
כדכתיב: אין חקר לתבונתו, וכתיב: החקר אלוקה
תמצא, וכתיב: כי לא מחשבותי מחשבותיכם
as it is written,4 “There is no searching
of His understanding”; and it is also written,5 “When you will search (to
understand) G-d, will you find?”; and it is further written,6 “For My thoughts
are not like your thoughts,” says G-d to man;
Thus human thought is incapable of
grasping Divine “thought”. How, then, can it be said that in understanding
Torah man grasps G-d’s wisdom?
To this the Alter Rebbe answers that G-d
“compressed” and “lowered” His wisdom, clothing it in the physical terms and
objects of Torah and its commandments, so that it might be accessible to human
intelligence, in order that man may thereby be united with G-d.
הנה על זה אמרו: במקום שאתה מוצא גדולתו של
הקדוש ברוך הוא, שם אתה מוצא ענותנותו
concerning this disparity between human
intelligence and Divine wisdom, our Sages have said,7 “Where you find the
greatness of the Holy One, blessed be He, there you find His humility.”
I.e., how can we approach G-d’s
greatness, to “find” it and be united with it? — Through His “humility”, by His
lowering Himself to our level.
וצמצם הקדוש ברוך הוא רצונו וחכמתו בתרי״ג מצות
התורה ובהלכותיהן
G-d compressed His Will and wisdom in the
613 commandments of the Torah and in their laws,
As mentioned above, the logic of the law
represents Divine wisdom, and the ruling, Divine Will —
ובצרופי אותיות תורה נביאים וכתובים
and in the letter-combinations of
Scripture (Torah, Nevi‘im and Ketuvim),
The very letters and words of Scripture
contain G-d’s Will and wisdom; wherefore even one who is ignorant of their
meaning fulfills the precept of Torah study by merely reciting them —
ודרשותיהן שבאגדות ומדרשי חכמינו ז״ל
and G-d’s Will and wisdom are also
contained in the exposition of these verses found in the Aggadot and Midrashim
of our Sages, of blessed memory.
בכדי שכל הנשמה או רוח ונפש שבגוף האדם תוכל
להשיגן בדעתה
In all of these did G-d “compress” His
Will and wisdom in order that every Neshamah or even the lower soul-levels of
Ruach and Nefesh, situated as they are in the human body, will be able to grasp
them with its intellect,
ולקיימן כל מה שאפשר לקיים מהן במעשה דבור ומחשבה
and [in order] that it (the Nefesh or
Ruach or Neshamah) fulfill them, as far as they can be fulfilled, in action,
speech and thought;
ועל ידי זה תתלבש בכל עשר בחינותיה בשלשה לבושים
אלו
thereby clothing itself with all its ten
faculties in these three garments (of the thought, speech and action of Torah
and mitzvot).
FOOTNOTES
1. Part
I, 24a; II, 60a.
2. Tehillim
145:3.
3. Introduction
to Tikkunei Zohar.
4. Yeshayahu
40:28.
5. Iyov
11:7.
6. Yeshayahu
55:8.
7. Megillah
31a.
---
Rambam - Daily Mitzvah - Sefer Hamitzvos:
P198
Positive Commandment 198
Taking Interest from a Gentile
"Take interest from the
gentile"—Deuteronomy 23:21.
When issuing a loan to a non-Jew, we are
commanded to charge interest. [This commandment only applies to a non-Jew who
has not accepted upon himself the Seven Noahide Laws.] The Sages enacted
various restrictions to this mitzvah [such as forbidding the charging of
outright interest].
Taking Interest from a Gentile
Positive Commandment 198
Translated by Berel Bell
The 198th mitzvah is that we are
commanded1 to charge interest to a non-Jew and only then lend him money, in order
that we not assist him nor give him rest. Rather we should cause him
[financial] loss, even with the kind of interest that we are forbidden from
taking from a Jew.
The source of this commandment is G‑d's statement2
(exalted be He), "You shall take interest from a non-Jew." The Oral
Tradition explains that this does not only give permission, but is a command,
as stated in the Sifri: "The phrase 'You shall take interest from a
non-Jew' constitutes a positive commandment. The phrase 'You shall not take
interest from your brother' constitutes a prohibition."
This commandment also has rabbinically
ordained conditions, as explained in tractate Bava Metzia.3
FOOTNOTES
1. See
Kapach, 5731, footnote 14 regarding all the authorities who say that this is
not a commandment. See also Likkutei Sichos, Vol. 12, p. 115ff.
2. Deut.
23:21.
3. See
70b: "R. Chiya the son of R. Huna said, 'You are only allowed to take the
minimum necessary to survive.' " See Kapach, 5731, footnote 16.
---
Rambam - 1 Chapter a Day: Metamme'ey
Mishkav uMoshav Chapter 6
Chapter 6
Halacha 1
We have already explained that a zav and
the others in that category impart impurity to an article on which one lies,
sits, or rides.
An article on which one lies and one on
which he sits are essentially the same. Why then did the Torah mention them
separately? To teach that although a seat is fit for sitting and a couch is fit
for lying, whether one sits on a couch or lies on a seat, he causes it to
become impure. Therefore I will mention a surface on which one lies alone and
it should be understood that the same applies to a surface on which one sits.
What is meant by a surface on which one
rides? The surface on which one sits when riding, e.g., a donkey's packsaddle
or a horse's saddlecloth.
Halacha 2
Any article on which one lies or rides to
which a zav or the like imparted impurity becomes a primary source of impurity
according to Scriptural Law. It imparts impurity to a person and keilim when
touching them and to a person when being carried by them.
What is the difference between the laws
pertaining to an article on which one lies and one on which one rides? With
regard to touching an article on which one lies, if a person touches clothes
and other keilim while he is still touching the impure article, he imparts
impurity to them and makes them a primary derivative of impurity. One who
touches an article on which one rides, by contrast, does not impart impurity to
clothes and keilim even when he touches them while touching the impure article.
Nevertheless, one who carries either an article on which one lies or rides
imparts impurity to clothes and other keilim until he severs contact with the
source of his impurity.
What is the source that teaches that a
distinction is made between touching and carrying with regard to the impurity
of an object on which one rides and no such distinction is made with regard to
the impurity of an object on which one lies? With regard to an object on which
one lies, Leviticus 15:5 states: "A man who touches his couch.... shall
launder his clothes," while with regard to an object on which one rides,
ibid.: 9-10 states: "Any object on which he will ride... anyone who
touches anything that will be beneath him will be impure until the
evening." In the latter instance, it is not said that he must launder his
garments. This teaches that he does not impart impurity to his garments when
touching the source of impurity. And it is written ibid.: "One who carries
them shall launder his garments." This applies equally to one who carries an
article on which one rides and an article on which one lies.
Thus it can be concluded that a zav, a
zavah, a nidah, and a woman after childbirth, the articles on which they lie,
their saliva, their urine, the blood of a nidah, a zavah, and a woman after
childbirth, and the discharge of a zav are all primary sources of impurity. If
a person touches any of these or carries them, he imparts impurity to his
clothes and other keilim while he is touching them or carrying them. He does
not, however, impart impurity to another person or to an earthenware container.
For any entity that imparts impurity to a human imparts impurity to an
earthenware container and any entity that does not impart impurity to a human
does not impart impurity to an earthenware container.
Thus it can be concluded that whenever it
is said about an impure person: "He shall launder his clothes," he
imparts impurity to clothes that he touches as long as he does not separate
from the entity imparting impurity to him. He makes those garments primary
derivatives of impurity, like he is. He imparts impurity to other keilim like
garments with the exception of earthenware containers. For he does not impart
impurity to another person or to earthenware containers even though he has not
separated from the entity imparting impurity to him.
Whenever, by contrast, Scripture does not
say about an impure person: "He shall launder his clothes," his
status is the same before he separates from the entity imparting impurity to
him as it is afterwards. He does not impart impurity to garments, because he is
merely a derivative of impurity. Needless to say, he does not impart impurity
to another person or to earthenware containers. Therefore a person who touches
an article on which a zav rode does not impart impurity to garments when
touching it. One who carries such an article, by contrast, imparts impurity when
carrying it, as we explained.
Halacha 3
All keilim that rest above a zav or the
like are called madaf. They are considered as articles that he touches and they
do not impart impurity to another person or to an earthenware container. They
do, however, impart impurity to food or liquids like other derivatives of
impurity. The impurity of madaf is a Rabbinic decree.
Halacha 4
When a zav, a zavah, a nidah, a woman
after childbirth, or a person afflicted by tzara'at die, they impart impurity
to an object on which they lied or rode after their death just as they would
during their lifetime until their flesh decomposes. This is a Rabbinic
safeguard, decreed lest one of these individuals lose consciousness and it
appear that they died, but they did not actually die. Thus a surface on which
one of these lie or ride after death is a primary source of impurity by
Rabbinic decree. When, by contrast, a gentile dies, a surface on which he lies
after death is not considered as a source of impurity, for even when he is
alive, he imparts impurity only due to Rabbinic decree, as we explained.
Halacha 5
Whenever you hear the terms "the
impurity of an object upon which one lies or rides," the intent is not
necessarily that the impure person touch the object on which one lies or rides
while resting on them. Instead, even if there are large stones above the entity
made to lie or ride on and the zav rested on the stones from above, the surface
on which one lies or rides becomes a primary source of impurity. Even when
there are 1000 surfaces on which a person lies or rides one on top of another
and a stone is on the uppermost and a person who imparts impurity to an object
on which he or she lies or sits on top of the stone, everything becomes impure.
Both the article on which one lies that touches the earth and the uppermost one
become primary sources of impurity when they are affected by the zav's lying
down.
Similarly, if one of the individuals who
impart impurity to an object on which he or she lies or sits was below, there
was a stone on top of him, and food, liquids, keilim, and/or a person on the
stone, one on top of the other, they are all impure and are considered as primary
derivatives of impurity. Whether an k'li, food, a liquid, or a person touches a
zav or the k'li, food, liquid, or person was on a stone that was above the zav,
there is no difference. In both instances everything is considered as a
derivative of impurity and does not impart impurity to a person or to keilim.
The only exception is a person who is above a zav who is still in contact with
the zav who imparted impurity to him. He imparts impurity to other keilim, as
we explained.
Halacha 6
When food, liquids, and keilim that are
not made to lie, sit, or ride upon were below other articles and a zav or the
like sat above them without touching them, they are all pure. If, however, a
person was below and a zav was above, he is impure even if he does not touch him,
because he is carrying the zav, like anyone who carries an article that imparts
impurity when carried. The one carrying it becomes a primary derivative of
impurity.
Thus one can conclude that anything that
is above a zav is impure, whether a person, articles on which one lies, sits,
or rides, all other keilim, food, and liquids. Everything is a primary
derivative of impurity. Everything that is below a zav and does not touch him
is pure except a person or an article made to lie, sit, or ride upon. There is
a difference between them. The person is a derivative of impurity and the
article made to lie, sit, or ride upon is a primary sources of impurity, as we
explained.
---
Rambam - 3 Chapters a Day: Malveh veLoveh
Chapter 25, Malveh veLoveh Chapter 26, Malveh veLoveh Chapter 27
Chapter 25
Halacha 1
The following law applies when a person
gives a loan to a colleague and afterwards, a third party says: "I will
act as a guarantor," the lender sues the borrower and a third party says:
"Let him go. I will act as a guarantor, or the lender was strangling the
borrower in the market place and a third party says: "Let him go. I will
act as a guarantor." The guarantor is not obligated at all. Even if the
prospective guarantor says in the presence of a court: "I will guarantee
the money," he is not liable.
If, however, he formalizes his commitment
to guarantee the money with a kinyan, he becomes obligated in all the above
situations. This applies whether the kinyan was made in the presence of the
court, or together with the lender alone.
Halacha 2
If, however, the guarantor told the
lender when the money was being given: "Lend him, and I will be the
guarantor," he becomes responsible. In such a situation, a kinyan is not
necessary.
Similarly, if a court appointed him a
guarantor, he becomes liable even though he did not affirm his commitment with
a kinyan. For example, the court desired to expropriate property from the
borrower, and this person told them: "Let him be. I will guarantee the debt
for you." Since he receives satisfaction from being trusted by the court,
he accepts a binding commitment upon himself.
Halacha 3
When a person lends money to a colleague
because of the commitment of a guarantor, although though the guarantor becomes
responsible to the lender, the lender should not demand payment from the
guarantor first. Instead, he should demand payment from the borrower first. If
he does not pay him, he should return to the guarantor and collect payment from
him. When does the above apply? When the borrower does not own property. If,
however, the borrower does own property. He should not collect the debt from
the guarantor at all. Instead, he should collect from the borrower."
If, however, the borrower is a man of
force, and the court cannot expropriate money from him, or he refuses to come
to the court, the lender may collect payment from the guarantor first.
Afterwards, the guarantor will make a reckoning with the borrower. If the
guarantor can extract payment from him, he should. If that is not possible, the
court should place the borrower under a ban of ostracism until he repays the
guarantor.
Halacha 4
Although the lender makes a stipulation
with the guarantor and tells him: "I am giving the loan on the condition
that I can collect the debt from whomever I desire," if the borrower
possesses property, he should not collect the debt from the guarantor.
If he stipulated, "I am giving the
loan on the condition that I can collect the debt from whomever I desire
first," or the guarantor was a kablan, the lender may demand payment from
this guarantor or this kablan first. He may collect payment from them although
the borrower possesses property.
Halacha 5
Who is considered to be an ordinary
guarantor and who is considered to be a kablan] If a person says: "Give
him the loan and I will give you," he is considered to be a kablan. The
lender has the option of seeking repayment from him, even though he did not explicitly
stipulate: "On the condition that I can collect the debt from whomever I
desire first."
If, however, he tells him: "Lend him
and I will act as a guarantor," "Lend him and I will pay,"
"Lend him and I am obligated," "Lend him and I will give,"
"Lend him and I will act as a kablan" "Give him and I will act
as a kablan" "Give him and I will pay," "Give him and I am
obligated," or "Give him and I will serve as a guarantor" - all
of these are statements that cause him to be considered a guarantor. The lender
may not demand payment from him first. Nor may he collect payment from him in a
situation where the lender possesses property unless he stipulates: "On
the condition that I can collect... from whomever I desire first"
Halacha 6
When a person guarantees a woman's
ketubah he is not obligated to pay, even if he affirmed his commitment with a
kinyan. The rationale is that he performed a mitzvah and did not cause her a
financial loss. If a father guarantees his son's ketubah and affirms his
commitment with a kinyan, the obligation is established. A person who becomes a
kablan for a ketubah is liable.
Halacha 7
The following rules apply when Reuven
sells Shimon a field and Levi accepts financial responsibility for it. Levi is
not considered responsible, for this is an asmachta. If he affirmed with a
kinyan his commitment to pay the money involved in this sale whenever demanded
to do so by Shimon, he is obligated to do so. My masters ruled in this manner.
Halacha 8
Similarly, if a guarantor or a kablan make
a conditional commitment, they do not become obligated even if the commitment
is affirmed by a kinyan. The rationale is that this is an asmachta.
What is implied? For example, the
guarantor told him: "Give him the loan and I will give you if this-and-this
will take place," or "... if it will not take place." The
rationale is that whenever a person undertakes an obligation for which he is
personally not liable and makes it dependent on a condition: "if this
takes place," or "if this does not take place," he never makes a
wholehearted commitment or kinyan. Therefore, he does not become liable.
Halacha 9
When two people take out loans from the
same person and record their debts in the same promissory note or together
purchase a single article, they are considered as having guaranteed the other
person's commitment even though they do not explicitly agree to do so. The same
law applies when one of a group of partners undertakes a loan or makes a
purchase for the partnership.
Halacha 10
When two people both commit themselves to
guarantee a debt taken on by one person, when the lender comes to collect
payment from the guarantor, he may collect from either one of them, as he
desires. If, however, one of them does not possess the entire amount of the
debt, the lender may demand payment of the remainder from the other guarantor.
Halacha 11
If one person guarantees the debts of two
different individuals, when a lender comes to collect payment he should tell
the guarantor which of the two debts he is paying so that the guarantor will be
able to seek reimbursement from the debtor.
Halacha 12
When a person tells a colleague:
"Guarantee a debt for so-and-so for this-and-this amount and I will
guarantee the sum to you," it is as if he tells him: "Lendhim the
money and I will guarantee the debt." Just as the guarantor becomes
obligated to the lender, the second guarantor becomes obligated to the first
guarantor. The same laws that govern the relationship between the guarantor and
the lender govern the relationship between the first guarantor and the second
guarantor.
Halacha 13
The following opinions were stated with
regard to a person who did not limit the extent of the commitment he made to
serve as a guarantor. For example, he told the lender: "Give him whatever
you give him, I will guarantee it," "Sell to him, and I will guarantee
it," or "Lend him, and I will guarantee it."
There are Geonim who rule that even if
the other person sells 10,000 zuz worth of merchandise or lends 100,000 zuz to
the person named, the guarantor becomes responsible for the entire amount. It
appears to me, by contrast, that the guarantor is not liable at all. Since he
does not know for what he undertook the liability, he did not make a serious
commitment and did not obligate himself. These are words of reason that a
person of understanding will appreciate.
Halacha 14
When a person tells a colleague:
"Lend him. I will guarantee the borrower's physical person," he did
not make a commitment with regard to the money itself. What he meant was:
Whenever you want, I will bring him to you.
Similar principles apply when, after the
lender makes the loan and demands payment, a person says: "Let him go.
Whenever you lodge a claim against him, I will bring him to you." If he
affirms his commitment with a kinyan, there are Geonim who rule that if the guarantor
does not bring the borrower to the court, the guarantor is obligated to pay.
There are, however, others who rule that even if he made a stipulation saying:
"If I do not bring him, or if he dies or he flees, I will be obligated to
pay," the guarantor does not become liable, for this is an asmachta. I
favor this understanding.
Chapter 26
Halacha 1
The following law applies when a person
gives a loan to a colleague that is supported by a promissory note. After the
witnesses signed the promissory note, the guarantor came and made a guarantee
for the borrower's debt. Although his commitment was affirmed with a kinyan and
thus he become obligated to pay, as explained, when the lender comes to
expropriate payment from the property of this guarantor, he may not expropriate
property that has already been sold.
Different rules apply if the witness was
mentioned in the promissory note itself before the signature of the witnesses.
If they wrote: "So-and-so is the guarantor," the lender may not
expropriate property that has already been sold, because the guarantor's name
is not associated together with that of the borrower with regard to the loan.
If, however, the promissory note states: "So-and-so borrowed such-and-such
an amount from so-and-so and so-and-so guaranteed the loan, the guarantor
affirmed his commitment with a kinyan, and then the witnesses signed the
promissory note," the lender may expropriate property that has already
been sold. The rationale is that the guarantor's name is associated together
with that of the borrower in the promissory note.
Halacha 2
When a lender demands payment from the
borrower and discovers that he does not have property, he may not expropriate
payment from the guarantor until 30 days after the guarantor became obligated
to pay. The legal power of the guarantor should not be less than that of the
borrower himself. The halachic authorities ruled in this manner. If, however,
the lender made a stipulation with the guarantor about this matter, that
stipulation is followed."
Halacha 3
When a lender comes to demand payment
from a borrower, the borrower cannot turn away the lender, telling him:
"Go to the kablan, because you have the right to demand payment from him
first." Instead, the lender may demand payment from anyone he desires
first. If, however, the kablan took the money from the lender and gave it to
the borrower, the lender has nothing to do with the borrower. If the borrower
was in another country and the lender cannot notify him -or the borrower died
and left heirs below the age of majority, whose property the court cannot
attach - the lender may demand payment from the guarantor first, because the
borrower is not at hand.
Halacha 4
When a lender demands payment from the
borrower and discovers that he has become impoverished, he may not demand
payment from the guarantor until the borrower takes an oath that he is
bankrupt, as ordained by the later sages. The rationale is that we fear that
the borrower and the lender might be trying to obtain the guarantor's property
through deception.
Halacha 5
The following law applies when a person
has guaranteed a colleague with regard to a loan supported by a verbal
commitment alone, the lender comes to demand payment from the guarantor, and
the borrower is overseas. The guarantor may tell the lender: "Bring proof
that the borrower did not repay you and I will pay you."
Halacha 6
When a guarantor takes the initiative and
pays the debt to the creditor, he may come back and collect from the borrower
everything that he paid on his account, even though the loan was supported by a
verbal commitment alone or was not observed by witnesses.
When does the above apply? When, at the
time the guarantor made his commitment, the borrower told him: "Become my
guarantor and pay." When, however, he acted independently and became a
guarantor or a kablan, or the borrower told him: "Guarantee the debt for
me," but did not give him the authority to pay the debt, if he pays the
debt, the borrower is not obligated to pay him anything. Similarly, if a person
pays a promissory note of a colleague without that colleague's knowledge, even
if it is a debt for which security was taken, the borrower is not obligated to
pay him anything. Instead, he may take his security without paying anything;
the other person forfeits his money. The rationale is that perhaps the borrower
would have been able to appease the lender and have him waive the debt.
The following rules apply when the
borrower dies, and the guarantor takes the initiative and pays the debt before
he notifies the heirs. If it is known to us that the borrower did not pay the
promissory note before he died - e.g., he admitted the debt on his deathbed, he
was placed under a band of ostracism for failing to pay, and he died under that
ban, or the due date of the loan did not arrive - he may collect from the heirs
everything that he paid.
When the lender was a gentile, the heirs
are not obligated to pay the guarantor. The rationale is that their parent
might have given the guarantor the entire debt for which he was responsible.
For a gentile demands payment from the guarantor first; for this reason the
guarantor paid the gentile voluntarily before he notified the orphans. If,
however, he notifies them that the gentile is demanding payment from him and
that he is paying, the heirs are obligated to pay.
Halacha 7
Whenever a guarantor comes to collect
what he paid - whether he comes to collect from the borrower's heirs or from
the borrower himself - he must bring proof that he paid the debt. The
guarantor's possession of the promissory note is not considered proof. For
perhaps the promissory note fell from the lender's hand, and the guarantor did
not pay him at all.
Halacha 8
In all the claims to be mentioned, and in
all similar situations, we follow the principle: When a person who seeks to
expropriate property from a colleague, the burden of proof is upon him:
a) a person tells a colleague, "You
agreed to serve as a guarantor for me," and the alleged guarantor denies
accepting the obligation ;
b) the guarantor tells the borrower:
"You gave me the license to act as a guarantor for you and to pay,"
and the borrower tells him: "You acted as a guarantor on your own
initiative," or "You were not a guarantor at all";
c) the guarantor said: "I paid the
debt in your presence," and the borrower said: "You did not"; or
he told him: "I have already given you what you paid"; or
d) the lender told the guarantor:
"You guaranteed 200," and the guarantor said: "I guaranteed only
a maneh."
Alternatively, the defendant should take
a sh'vuat hessefi or a Scriptural oath if he agreed to a portion of the claim,
as is the law with regard to all financial claims.
Halacha 9
The following principles apply when a
servant or a married woman borrows money or guarantees the debts of others and
is obligated to pay: When the servant is freed and the woman is divorced or
widowed, they must pay.
Halacha 10
If a minor borrows, he is obligated to
pay when he attains majority. We do not, however, write a promissory note
against him. Instead, even though it was affirmed with a kinyan, the loan has
the status of a loan supported by a verbal commitment alone. The rationale is
that a kinyan undertaken by a minor is of no substance.
Halacha 11
In a situation where a minor guaranteed
others, the Geonim ruled that he is not liable to pay even after he attains
majority. The person who lent his money because of a minor's word forfeits it.
The rationale is that a minor does not have the intellectual responsibility to
obligate himself in a matter in which he is not liable - not through becoming a
guarantor, nor through other similar means. This is a ruling of truth and it is
fitting to rule in this manner.
Halacha 12
When a woman takes a loan that is supported
by a promissory note or undertakes a commitment as a guarantor of a promissory
note and then marries, she is obligated to pay even after she marries. If,
however, it is a loan supported by a verbal commitment alone, it should not be
repaid until she becomes divorced or widowed. The rationale is that her
husband's authority is that of a purchaser, as we have explained in several
sources. If, however, the money that was given as a loan is in her possession,
it should be returned to the borrower.
Chapter 27
Halacha 1
No matter which language and which
characters a legal document is written in, if it is written according to the
regulations for legal documents that prevail among the Jewish people, i.e., it
cannot be forged, nor is it possible to add to or detract from the content of
the document, and its witnesses are Jews and they know how to read it, it is
acceptable and may be used to expropriate property that has been sold.
All documents that are signed by
gentiles, by contrast, are not acceptable except for deeds of sale and
promissory notes. For the latter to be acceptable, the principal must count the
money in their presence and they must write on the legal document: "In our
presence, so-and-so counted out for so-and-so the money for the sale," or
"... the money for the debt." This applies provided that they were
prepared by their legal authorities. If, however, the documents were prepared
in their courts without being authorized by their judges, they are of no value.
Similarly, Jewish witnesses must testify that the gentile witnesses who signed
the document and the judge who authorized their signatures are not known to
accept bribes. If legal documents composed by gentiles lack any of these
qualifications, they are considered shards. Similarly, legal documents
acknowledging an obligation, deeds recording presents, compromises, and waivers
of obligations are considered shards even if they are composed with all the
above qualifications.
My masters ruled that even promissory
notes composed by them that state that the money was given in their presence
are unacceptable. They accepted only deeds of sale when the money was given in
their presence. 1 do not accept this ruling.
If the Jewish judges do not know how to
read a legal document prepared by gentile authorities, they should give it to
two gentiles, each one outside the presence of the other, and have them read.
Thus, each one of them is reading as is his ordinary practice. The document may
be used to expropriate property that has not been sold. It may not, however, be
used to expropriate property that has been sold, because it does not become
public knowledge. For the purchasers will not know of legal processes carried
out by gentiles.
Halacha 2
When a promissory note that was signed by
gentile witnesses was given by the borrower to the lender or by the seller to
the purchaser in the presence of two Jewish witnesses, it is acceptable and may
be used to expropriate property that was not sold, even though it was not
authenticated by the gentile legal authorities and was not prepared according
to all the stipulations mentioned above. The above applies provided that the
witnesses in whose presence the legal document was transferred were able to
read it, they read it when it was transferred, and it was prepared according to
the regulations for legal documents that prevail among the Jewish people, i.e.,
that it be composed in a manner that it cannot be forged, nor is it possible to
add to or detract from the content of the document.
Why is it not acceptable to be used to
expropriate property that has already been sold? Because it is not a matter of
public knowledge.
Halacha 3
The following regulations prevail for
legal documents among the Jewish people: All legal documents must repeat the
content of the legal document in the last line, because we do not take into
consideration what was written in that line. The rationale is that we suspect
the witnesses signed a line away from the body of the document and this
falsifier came and wrote in the empty space of this line.
Halacha 4
When the witnesses signed two lines or
more from the conclusion of the writing, the document is not acceptable. If
they leave less open space than this, it is acceptable.
The two lines mentioned refer to lines
according to the handwriting of the witnesses and not according to the
handwriting of the scribe. The rationale is that any person who forges will try
to imitate the handwriting of the witnesses and not that of the scribe. The
space of the two lines includes the lines and the space in between them, i.e.,
the space necessary to write a lamed above a final chaf.
If there was a space of more than two
lines between the signature of the witnesses and the text of the documents, and
they filled the space between the text and the signatures with the signatures
of unacceptable witnesses and relatives, it is acceptable. For in this manner,
it cannot be forged.
If the space was filled with lines of
ink, it is unacceptable. For perhaps the witnesses signed for the lines of ink
and not for the body of the document. If the document and the signatures of the
witnesses were on one line, it is acceptable.
Halacha 5
If the legal document was written on one
line, and the witnesses signed on another line, it is unacceptable. We fear
that possibly the witnesses had signed one line away from an acceptable legal
document, and afterwards the person cut away that entire legal document and
wrote the present document on that line. Thus, these witnesses were signed upon
it.
A similar suspicion can arise when the
document and the signatures of two witnesses were written on one line, two
other witnesses were signed on a second line, and the maker of the legal
document says: "I intended to increase the number of witnesses."
We do not verify the authenticity of the
document based on the signature of the witnesses below, in the second line, but
rather on the signatures of those above. We fear that possibly there had been
another document written originally, it was cut off, and the present document
and the signatures of the two witnesses were written on the line between it and
the witnesses who signed below.
Halacha 6
The validation of the authenticity of the
signatures of the witnesses by the court should be positioned next to their
signatures, next to one of the sides of the legal document, or on its back,
opposite the text. If there was a space of more than one line between the
statement of validation and the legal document, it is invalid. We fear that
someone might cut off the document that was validated and forge a new document
and the signature of two witnesses on that one line. Thus, the validation would
be on a forged document.
Halacha 7
If the court wrote the validation more
than two lines from the legal document and filled the entire empty space with
lines of ink, the validation is acceptable, for there is no possibility of a
forgery. ' And we do not suspect that the court would sign a validation of mere
lines, but rather of the legal document itself.
Halacha 8
Whenever words are written on a surface
where there have been erasures, the scribe must write a validation of each of
the these portions at the end of the legal document, stating:
"This-and-this letter...", "This-and-this word...", or
"This-and-this line were written on a surface where there had been
erasures," or "... are attached between the lines. Everything is
valid."
If the erasure is in the place where the
document states sharir v'kayam, and is the size that it takes to write these
words, it is not acceptable even if the scribe validates that these words were
written on an erased surface. We fear that a person might have erased the words
sharir v'kayam, then written a false statement and then validated the document
in the space between the document and the signature of the witnesses.
Halacha 9
When both a legal document and the
signatures of the witnesses are written on a surface where there have been
erasures, it is acceptable. If one might protest, saying: "The person in
possession of the document might erase it again and write a text that benefits
him," that argument can be answered, for it is possible to differentiate
between a surface that has been erased once and one that has been erased twice.
If one might protest, saying: "Maybe
the person erased only the surface where the witnesses would sign twice, and
then after writing the legal document above the twice-erased surface and having
the witnesses sign it, he erased the document and wrote whatever he
desired." In such a situation, the document and the signatures of the
witnesses appear the same, because everything was erased twice. This protest is
untenable, because our Sages already ordained that witnesses should not sign a
document written on a surface where there have been erasures, unless it was
erased in their presence.
Halacha 10
When a legal document and the signatures
of the witnesses are both written on a surface where there have been erasures,
and the validation of the authenticity of the signatures was written on paper
that had never been erased, we do not validate the document because of the
signatures of the witnesses who validated it previously, but because of the
signatures of the witnesses who signed it originally.
The rationale is that it is possible that
the validation of the document was written very far from the document itself,
and the space between them was filled with lines of ink. We suspect that the
person in possession of the document cut off the document itself, erased the
lines of ink, and forged the document and the signatures of the witnesses on
the portion that had been erased.
Halacha 11
When a document is written on paper that
had never been erased, and the witnesses signed on a surface where there were
erasures, it is unacceptable. We suspect that the person might erase the
document that the witnesses signed and replace it with a forgery. Thus, the
document and the signatures of the witnesses will be on paper with erasures.
If the witnesses wrote: "We, the
witnesses, signed on the portion of the paper where there were erasures, while
the document was written on the portion of the paper that has never been
erased," the document is acceptable. This statement should be written
between the signature of one witness and the other, so that deception is not
possible.
Halacha 12
When a legal document is written on a
portion of a paper where there have been erasures and the witnesses sign on a
portion of the paper that has never been erased, the document is not
acceptable. This applies even if the witnesses write: "We, the witnesses,
signed on the portion of the paper that has never been erased, while the
document was written on the portion where there were erasures."
The rationale is that we fear the person
in possession of the document will erase it a second time and write on it
anything that he desires. Since the document as a whole has been erased twice,
the forgery will not be obvious.
If, by contrast, one portion of the
document was erased once and the other twice, a distinction could be made.
Among the prevailing regulations for
legal documents is to carefully scrutinize the document, seeing if the vavin
and the zayinin are not squeezed between the letters, lest the person have
forged this letter, adding it to the document. Similarly, these letters must
not be too far from the other letters of the word, lest the person have erased
a portion of one letter - e.g., a hei or a chet - and left one of its legs in
the place of a vav. Similarly, in all analogous situations, we scrutinize the
text in any language and with any characters.
Halacha 13
The numbers from shalosh (three) to esser
(ten) should not be written at the end of a line, for it is possible for the
person in possession of the document to forge the text and make the shalosh,
sheloshim (30), and the esser, essrim (20).
If it would happen that a scribe would
have to write these numbers at the end of a line, he should repeat the text of
the document several times until the numbers come out in the middle of the
line.
Halacha 14
When the upper portion of a promissory
note speaks of a maneh and the lower portion speaks of 200 zuz, or the upper
portion of a promissory note speaks of 200 zuz and the lower portion speaks of
a maneh, everything follows what is written in the lower portion.
Why do we not follow the lesser of the
two numbers? Because in this instance, one is not dependent on the other. If
the promissory note had said: "owes amaneh, which is 200 zuz" or
"200 zuz, which is amaneh," the lender would be granted only a maneh.
When, however, there are two matters stated in the document and the latter portion
is not dependent on the former portion, we follow the latter portion.
When the upper portion of a legal
document mentions one name and the lower portion mentions a name that resembles
it, we follow the lower portion. If so, why do we write the upper portion? So
that if one letter of the lower portion is rubbed out, one could learn from the
upper portion. For example, if the upper portion stated Chanani or Anani and
the lower portion stated Chanan or Anan, we can assume that it is referring to
the person named in the upper portion. This applies regarding only one letter.
We do not, however, resolve a doubt regarding two letters in the lower portion
from the upper portion.
Halacha 15
If the upper portion of a promissory note
speaks of a sefel and the lower portion speaks of a kefel, we follow the
wording of the latter portion, for a kefel is less than a sefel.
If the upper portion of a promissory note
speaks of a kefel and the lower portion speaks of a sefel, we suspect that
perhaps a fly caused the left leg of the kuf to be rubbed out and made it
appear like a samech. Hence, the bearer may expropriate only a kefel, the
lesser measure. Similar principles apply in all analogous situations, for the
bearer of the promissory note has the weaker position.
An incident occurred concerning a
promissory note that stated: "600 and one zuz" This raised a doubt.
Was the intent 601 zuz or was the intent 600 isteira and one zuz? The Sages
said: "The bearer of the promissory note may collect only 600 isteira and
a zuz, for the bearer of the promissory note has the weaker position."
If so, why did they not say that he
should collect 600 p'rutot and a zuz? Because a scribe would count the p'rutot
as zuzin before composing the promissory note. Similar principles apply in all
analogous situations. In all times and in all places, we follow the accepted
norms.
Halacha 16
When a promissory note states:
"Isteira 100 m'ie," or "100 m'ie isteira" one should follow
the lesser of the phrases. The person should receive only one isteira. The
rationale is that the bearer of the promissory note has the weaker position,
because he is trying to expropriate property from a colleague, and a person can
expropriate property only when there is no doubt regarding his claim.
Similarly, whenever a promissory note
could be interpreted in either of two ways, either this way or that way, the
bearer receives the lesser of the amounts. If, however, he seizes possession of
the greater amount, the borrower may not expropriate the money from him unless
he can clearly prove the legitimacy of his own claim.
Halacha 17
When a promissory note states: "a
gold coin," we assume that the intent is no less than a golden dinar. If
it states "gold of dinarim," or "dinarim of gold," we
assume that the intent is no less than the value of two dinarim of gold. If it
states "gold in dinarim" we assume that the intent is no less than
the value in gold of two silver dinarim. Similar laws apply in all analogous
situations.
Blessed be God, who grants assistance.
---
Hayom Yom
Wednesday, 1 Tevet 5774 / 4 December 2013
"Today's Day"
Wednesday Tevet
1, Rosh Chodesh, 6th Day of Chanuka 5703
Torah lessons: Chumash: Mikeitz, Revi'i with Rashi.
Tehillim: 1-9.
Tanya: Now these three garments (p.
13)...in these three garments (p. 15).
It is customary that one not davening
with a minyan says the opening (p. 241) and closing (p. 245) b'rachot of Hallel
even on days when "half Hallel"1 is said. In the concluding
paragraph, yehal'lucha (p.245) omit the word "Al." All tefillin2 should
be worn (then, later, taken off) before Musaf (p. 245), but the daily Torah
lessons are studied after concluding the entire service.
FOOTNOTES
1. See
instructions, Siddur p. 241.
2. See
Menachem Av 19.
---
Daily Thought:
Owning Faith
Only a fool will toss out the inheritance
of many generations. But one who does not take ownership remains a child.
So it is with a material estate, so it is
with the faith of our fathers and mothers. We must make it our own faith, as
well.
And how do you make that faith your own?
Quite paradoxically, through the power of your own mind.
Engage your mind to live by your faith.
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