Today in Judaism: Today is: Monday, 5 Shevat 5774 · 6 January 2014

Today in Judaism: Today is: Monday, 5 Shevat 5774 · 6 January 2014

Today in Jewish History:

2nd Gerer Rebbe (1905)

Rabbi Yehudah Leib Alter (1847-1905), the second Rebbe in the Chassidic dynasty of Ger -- known for his famed Chassidic work "Sefat Emmet" -- passed away on the 5th of Shevat of the year 5665 from creation (1905). He was succeeded by his son, Rabbi Abraham Mordechai.

Link: a quote from Sefat Emmet

Daily Quote:

And Moses returned to G‑d and said: “I beseech You: this nation has sinned a great sin, and have made themselves a god of gold. Now, if You will forgive their sin—; and if You will not, erase me from the book that You have written.”(Exodus 32:31–32)

And Moses spoke before G-d, saying: "Behold, the children of Israel have not listened to me; how then shall Pharaoh hear me?" (Exodus 6:12)

The previous verse, however, states the reason that the Children of Israel did not listen to Moses -- "for anguish of spirit, and for cruel bondage." Why, then, did Moses deduce from this that Pharaoh would not obey him?

But Moses knew that the power of a leader derives from his people. If he had not succeeded in penetrating their hearts, he would not be able to achieve anything on their behalf.(Sefat Emet)

Daily Study:

Chitas and Rambam for today:

Chumash: Parshat Beshalach, 2nd Portion (Exodus 14:9-14:14)

•  Chapter 14

9. The Egyptians chased after them and overtook them encamped by the sea every horse of Pharaoh's chariots, his horsemen, and his force beside Pi hahiroth, in front of Ba'al Zephon.       ט. וַיִּרְדְּפוּ מִצְרַיִם אַחֲרֵיהֶם וַיַּשִּׂיגוּ אוֹתָם חֹנִים עַל הַיָּם כָּל סוּס רֶכֶב פַּרְעֹה וּפָרָשָׁיו וְחֵילוֹ עַל פִּי הַחִירֹת לִפְנֵי בַּעַל צְפֹן:

10. Pharaoh drew near, and the children of Israel lifted up their eyes, and behold! the Egyptians were advancing after them. They were very frightened, and the children of Israel cried out to the Lord.     י. וּפַרְעֹה הִקְרִיב וַיִּשְׂאוּ בְנֵי יִשְׂרָאֵל אֶת עֵינֵיהֶם וְהִנֵּה מִצְרַיִם | נֹסֵעַ אַחֲרֵיהֶם וַיִּירְאוּ מְאֹד וַיִּצְעֲקוּ בְנֵי יִשְׂרָאֵל אֶל יְהֹוָה:

Pharaoh drew near: Heb. וּפַרְעֹה הִקְרִיב, lit., and Pharaoh brought near. It [the verse] should have said: קָרַב. What is the meaning of הִקְרִיב ? He [Pharaoh] drew himself near and strove to go before them [his army], as he had stipulated with them. —

ופרעה הקריב: היה לו לכתוב ופרעה קרב, מהו הקריב, הקריב עצמו ונתאמץ לקדם לפניהם, כמו שהתנה עמהם:

the Egyptians were advancing after them: Heb. נֹסֵעַ [in the singular]. With one accord, like one man. Alternatively, [in the singular it means that] and behold, Egypt was advancing after them, [denoting that] they [the Israelites] saw the heavenly prince of Egypt advancing from heaven to aid the Egyptians. [From] Tanchuma.

נסע אחריהם: בלב אחד כאיש אחד. דבר אחר והנה מצרים נוסע אחריהם, ראו שר של מצרים נוסע מן השמים לעזור למצרים. תנחומא:

cried out: They seized the art of their ancestors [i.e., they prayed]. Concerning Abraham, it [Scripture] says: “to the place where he had stood before the Lord” (Gen. 19:27). 2 Concerning Isaac, [it is stated] “to pray in the field” (Gen. 24:63). Concerning Jacob, “And he entreated the Omnipresent” (Gen. 28:11). (See Judaica Press comm. digest on that verse.)-[from Mechilta; Tanchuma Beshallach 9]

ויצעקו: תפשו אומנות אבותם. באברהם הוא אומר (בראשית יט כז) אל המקום אשר עמד שם, ביצחק (שם כד סג) לשוח בשדה, ביעקב (שם כח יא) ויפגע במקום:

11. They said to Moses, Is it because there are no graves in Egypt that you have taken us to die in the desert? What is this that you have done to us to take us out of Egypt?      יא. וַיֹּאמְרוּ אֶל משֶׁה הֲמִבְּלִי אֵין קְבָרִים בְּמִצְרַיִם לְקַחְתָּנוּ לָמוּת בַּמִּדְבָּר מַה זֹּאת עָשִׂיתָ לָּנוּ לְהוֹצִיאָנוּ מִמִּצְרָיִם:

Is it because there are no graves: Heb. הִמִבְּלִי אֵין קְבָרִים. Is it because of the want? Namely that there are no graves in Egypt in which to be buried, that you have taken us out of there? Si por falyanze de non fosses in Old French [i.e., Is it for lack, that there are no graves?].

המבלי אין קברים: וכי מחמת חסרון קברים שאין קברים במצרים ליקבר שם לקחתנו משם. ש"י פו"ר פיילנצ"א ד"י נו"ן פושי"ש בלעז [האם בגלל מחסור של לא קברים]:

12. Isn't this the thing [about] which we spoke to you in Egypt, saying, Leave us alone, and we will serve the Egyptians, because we would rather serve the Egyptians than die in the desert     יב. הֲלֹא זֶה הַדָּבָר אֲשֶׁר דִּבַּרְנוּ אֵלֶיךָ בְמִצְרַיִם לֵאמֹר חֲדַל מִמֶּנּוּ וְנַעַבְדָה אֶת מִצְרָיִם כִּי טוֹב לָנוּ עֲבֹד אֶת מִצְרַיִם מִמֻּתֵנוּ בַּמִּדְבָּר:

Isn’t this the thing [about] which we spoke to you in Egypt: When had they said [this]? "And they said to them, “May the Lord look upon you and judge’ ” (Exod. 5:21). [from Mechilta]

אשר דברנו אליך במצרים: והיכן דברו, (שמות ה כא) ירא ה' עליכם וישפוט:

than die: Heb. מִמֻּתֵנוּ, than we should die. If it [מִמֻּתֵנוּ] were vowelized with a “melupum” (i.e., a “cholam,” [מִמּוֹתֵנוּ] as it is known that the grammarians called a “cholam” a “melupum.” See Rashi below on Exod. 19:24), it would be explained as: “than our death.” Now that it is vowelized with a “shuruk” [מִמֻּתֵנוּ], it is explained as “than we should die.” Likewise [in the verse], “If only we had died (מּוּתֵנוּ)” (Exod. 16:3), [means] that we would die. [Similarly,] “If only I had died (מּוּתֵי) instead of you” (II Sam. 19:1), referring to Absalom [means, I should have died]; [And מּוּתִי is similar to (קוּמִי) in the verse:] “for the day that I will rise up (קוּמִי)” (Zeph. 3:8); [and also similar to (ֹשוּבִי) in the verse] “until I return (ֹשוּבִי) in peace” (II Chron. 18:26), [which mean respectively] that I rise up, that I return.

ממתנו: מאשר נמות, ואם היה נקוד מלאפו"ם היה נבאר ממיתתנו, עכשיו שנקוד בשור"ק נבאר מאשר נמות, וכן (להלן טז ג) מי יתן מותנו - שנמות, וכן (שמואל ב' יט א) מי יתן מותי, דאבשלום - שאמות, כמו (צפניה ג ח) ליום קומי לעד, (דברי הימים ב' יח כו) עד שובי בשלום, שאקום שאשוב:

13. Moses said to the people, Don't be afraid! Stand firm and see the Lord's salvation that He will wreak for you today, for the way you have seen the Egyptians is [only] today, [but] you shall no longer continue to see them for eternity.      יג. וַיֹּאמֶר משֶׁה אֶל הָעָם אַל תִּירָאוּ הִתְיַצְּבוּ וּרְאוּ אֶת יְשׁוּעַת יְהֹוָה אֲשֶׁר יַעֲשֶׂה לָכֶם הַיּוֹם כִּי אֲשֶׁר רְאִיתֶם אֶת מִצְרַיִם הַיּוֹם לֹא תֹסִפוּ לִרְאֹתָם עוֹד עַד עוֹלָם:

for the way you have seen the Egyptians, etc.: The way you have seen them-that is only today. It is [only] today that you have seen them, but you shall no longer continue [to see them].

כי אשר ראיתם את מצרים וגו': מה שראיתם אותם אינו אלא היום, היום הוא שראיתם אותם ולא תוסיפו עוד:

14. The Lord will fight for you, but you shall remain silent.     יד. יְהֹוָה יִלָּחֵם לָכֶם וְאַתֶּם תַּחֲרִשׁוּן:

The Lord will fight for you: Heb. לָכֶם, for you, and similarly [the “lammed” in the verse], “because the Lord is fighting for them (לָהֶם)” (verse 25), and similarly [in the verse] “Will you contend for God (לָאֵל) ?” (Job 13:8). And similarly, "and Who spoke about me (לִי) (Gen. 24:7), and similarly, “Will you contend for the Baal (לַבַּעַל) ?” (Jud. 6:31).

ה' ילחם לכם: בשבילכם. וכן (פסוק כה) כי ה' נלחם להם, וכן (איוב יג ח) אם לאל תריבון, וכן (בראשית כד ז) ואשר דבר לי וכן (שופטים ו לא) האתם תריבון לבעל:

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Tehillim Psalm Chapters 29-34

• Chapter 29

The Name of God appears eighteen times in this psalm, corresponding to which our Sages established eighteen blessings-the Amidah. The entire psalm can be interpreted as referring to the giving of the Torah and the ingathering of the exiles.

1. A psalm by David. Render to the Lord, children of the mighty, render to the Lord honor and strength.

2. Render to the Lord the honor due to His Name; bow down to the Lord in resplendent holiness.

3. The voice of the Lord is over the waters, the God of glory thunders; the Lord is over mighty waters.

4. The voice of the Lord resounds with might; the voice of the Lord resounds with majesty.

5. The voice of the Lord breaks cedars; the Lord shatters the cedars of Lebanon.

6. He makes them leap like a calf, Lebanon and Sirion like a young wild ox.

7. The voice of the Lord strikes flames of fire.

8. The voice of the Lord makes the desert tremble; the Lord causes the desert of Kadesh to tremble.

9. The voice of the Lord causes the does to calve, and strips the forests bare; and in His Sanctuary all proclaim His glory.

10. The Lord sat [as King] at the Flood; the Lord will sit as King forever.

11. The Lord will give strength to His people; the Lord will bless His people with peace.

Chapter 30

This psalm teaches one not to be distressed if God visits suffering upon him in this world, for only through suffering can one enter the World to Come. Even one of great spiritual stature should realize that his stability is not guaranteed, but that all is in the hands of God.

1. A psalm, a song of dedication of the House, by David.

2. I exalt You, Lord, for You have uplifted me, and did not allow my enemies to rejoice over me.

3. Lord, my God, I cried out to You, and You healed me.

4. Lord, You have brought up my soul from the grave; You have kept me alive, that I should not descend to the pit.

5. Sing to the Lord, you His pious ones, and praise His holy Name.

6. For His wrath endures but for a moment, when He is conciliated there is [long] life; when one retires at night weeping, joy will come in the morning.

7. In my security I thought, "I shall never falter.”

8. Lord, by Your favor You have made my mountain stand strong; when You concealed Your countenance I was alarmed.

9. I called to You, O Lord, and I made supplication to my Lord:

10. What profit is there in my death, in my going down to the grave? Can dust praise You? Can it proclaim Your truth

11. Lord, hear and be gracious to me; Lord, be a help to me.

12. You have turned my mourning into dancing; You have undone my sackcloth and girded me with joy.

13. Therefore my soul shall sing to You, and not be silent; Lord my God, I will praise You forever.

Chapter 31

Composed by a destitute and oppressed David, running from Saul while placing his trust in God, this psalm instructs man to put his trust in God alone.

1. For the Conductor, a psalm by David.

2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.

3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.

4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.

5. Remove me from the net they planted for me, for You are my stronghold.

6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.

7. I despise those who anticipate worthless vanities; but I trust in the Lord.

8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.

9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.

10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.

11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.

12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.

13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.

14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.

15. But I trusted in You, O Lord; I said, "You are my God.”

16. My times are in Your hand; save me from the hands of my enemies and pursuers.

17. Shine Your countenance upon Your servant; deliver me in Your kindness.

18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.

19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.

20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.

21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.

22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.

23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.

24. Love the lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.

25. Be strong and fortify your hearts, all who put their hope in the Lord!

Chapter 32

This psalm speaks of forgiveness of sin, and of the good fortune of one who repents and confesses to God wholeheartedly.

1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.

2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.

3. When I was silent, my limbs wore away through my wailing all day long.

4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.

5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.

6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.

7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.

8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.

9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.

10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.

11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart!

Chapter 33

This psalm teaches the righteous and upright to praise God. For the more one knows of the Torah's wisdom, the more should he praise God, for he knows and understands His greatness.

1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.

2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.

3. Sing to Him a new song; play well with sounds of jubilation.

4. For the word of the Lord is just; all His deeds are done in faithfulness.

5. He loves righteousness and justice; the kindness of the Lord fills the earth.

6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.

7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.

8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.

9. For He spoke, and it came to be; He commanded, and it endured.

10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.

11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.

12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.

13. The Lord looks down from heaven; He beholds all mankind.

14. From His dwelling-place He looks intently upon all the inhabitants of the earth.

15. It is He Who fashions the hearts of them all, Who perceives all their actions.

16. The king is not saved by a great army, nor a warrior rescued by great might.

17. The horse is a false guarantee for victory; with all its great strength it offers no escape.

18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,

19. to save their soul from death and to sustain them during famine.

20. Our soul yearns for the Lord; He is our help and our shield.

21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.

22. May Your kindness, Lord, be upon us, as we have placed our hope in You.

Chapter 34

This psalm tells of when David was in grave danger while at the palace of Achish, brother of Goliath. David acted like a madman, letting spittle run down his beard, and writing on the doors: "Achish, king of Gath, owes me one hundred thousand gold coins," leading Achish to eject him from the palace. In his joy, David composed this psalm in alphabetical sequence.

1. By David, when he feigned insanity before Avimelech,1 who then drove him away, and he left.

2. I bless the Lord at all times; His praise is always in my mouth.

3. My soul glories in the Lord; let the humble hear it and rejoice.

4. Exalt the Lord with me, and let us extol His Name together.

5. I sought the Lord and He answered me; He delivered me from all my fears.

6. Those who look to Him are radiant; their faces are never humiliated.

7. This poor man called, and the Lord heard; He delivered him from all his tribulations.

8. The angel of the Lord camps around those who fear Him, and rescues them.

9. Taste and see that the Lord is good; fortunate is the man who trusts in Him.

10. Fear the Lord, you His holy ones, for those who fear Him suffer no want.

11. Young lions may want and hunger, but those who seek the Lord shall not lack any good thing.

12. Come, children, listen to me; I will teach you the fear of the Lord.

13. Who is the man who desires life, who loves long life wherein to see goodness?

14. Guard your tongue from evil, and your lips from speaking deceit.

15. Turn away from evil and do good, seek peace and pursue it.

16. The eyes of the Lord are directed toward the righteous, and His ears toward their cry.

17. The wrath of the Lord is upon the evildoers, to excise their memory from the earth.

18. But when they [repent and] cry out, the Lord hears, and saves them from all their troubles.

19. The Lord is close to the broken-hearted, and saves those with a crushed spirit.

20. Many are the afflictions of a righteous person, but the Lord rescues him from them all.

21. He protects all his bones; not one of them is broken.

22. Evil brings death upon the wicked, and the enemies of the righteous are condemned.

23. The Lord redeems the soul of His servants; all who take shelter in Him are not condemned.

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Today in Tanya: Likutei Amarim, middle of Chapter 17

• Monday, 5 Shevat 5774 – 6 January 2014

• Lessons in Tanya

• Likutei Amarim, middle of Chapter 17

וזה כל האדם, כי היום לעשותם כתיב, שהיום הוא עולם המעשה דוקא

This Torah study and fulfilling the mitzvot constitutes1 “the whole purpose of man,” for it is written:2 “I command you these mitzvot, that you do them this day” — “this day” referring specifically to this world of physical action.

The Alter Rebbe’s point is that the main objective in the commandment to love G‑d lies, not in the love itself, but in the practical and wholehearted fulfillment of the commandments that is motivated by this love, for the main thing in this world is action.

ולמחר כו׳ כמו שכתוב במקום אחר

Only “tomorrow” i.e., in the afterlife is the time of reward,3 as is explained elsewhere.

Hence the true love of G‑d, which is in itself a partial reward for one’s serving Him, is not as important in this life as the actual performance of the mitzvot, which can be generated even by a love which remains hidden in the mind and heart. This, then, is the love referred to in the verse, “for it is very near to you in your heart that you may do it” — a love which, though it may not find overt expression in the heart, is yet sufficient to motivate the performance of the mitzvot, and within reach of every Jew.

How does this love motivate one to perform the commandments? This the Alter Rebbe now goes on to explain:

והמוח שליט בטבעו ותולדתו על חלל השמאלי שבלב, ועל פיו ועל כל האברים שהם כלי המעשה

The mind, by virtue of its inherent nature, is master over the left part of the heart, the seat of the animal soul, whence come one’s mundane desires and evil thoughts, and over the mouth and the other bodily organs, which are the instruments of action.

Hence by having — in his mind, at least — a love of G‑d and a desire to fulfill the mitzvot, one can utilize the natural mastery of the mind to overcome the desires of his heart, and to motivate his mouth and other bodily organs to study Torah and fulfill its commandments. We thus see that this can be done even by one whose heart is not under his control, as is a tzaddik’s.

אם לא מי שהוא רשע באמת

This is true of everyone except he who is truly wicked — that is, not the Beinoni who is considered “like a rasha,” but one who is truly a rasha; in his case it cannot be said that his mind is master over his heart.

כמאמר רז״ל, שהרשעים הם ברשות לבם ואין לבם ברשותם כלל

On the contrary, our Sages state4 that the wicked are under the control of their heart but their heart is not under their control at all — they are unable to master the desires of their heart, for their mind has no active control over it.

This also resolves an apparent contradiction. The statement, “Tzaddikim have control over their heart,” indicates that anyone of a lesser rank, including a Beinoni, is not in control of his heart, while the statement that only the wicked are “under the control of their heart,” implies that anyone outside the category of rasha — even a Beinoni — is in control of his heart. Where, then, does the Beinoni actually stand? The previous discussion of the mastery of mind over heart explains this point. There are actually not two alternatives — of either being in control of one’s heart or controlled by it — but three. The tzaddik controls his heart. He can arouse a love of G‑d in his heart, directly, without resorting to his mind as a medium of influence. The rasha, on the other hand, not only does not control his heart, but is controlled by it. The Beinoni, although not in control of his heart, as is a tzaddik, rules his heart by way of his mind, which is under his control. To a certain extent, then, i.e., as regards the practical effect of his heart on his thought, speech, and action, the Beinoni does in fact control his heart. Therefore the Alter Rebbe says of the rasha “his heart is not under his control at all,” emphasizing that he is unable to influence his heart even by means of his mind.

The author previously stated that the ability of the mind to master the heart is natural and inherent in the mind. Why, then, do the wicked (resha‘im) lack this capacity? He answers:

וזה עונש על גודל ועוצם עונם

This is a punishment for the enormity and potency of their sinfulness.

However, this raises another question: If they have in fact lost the ability to master their heart, how can it be “very near” to them to observe the mitzvot “with their heart”? In answer, the author states:

ולא דברה תורה במתים אלו שבחייהם קרוים מתים

The Torah does not speak of the dead, that is, those wicked ones who are considered dead5 even during their lifetime.6

כי באמת אי אפשר לרשעים להתחיל לעבוד ה׳ בלי שיעשו תשובה על העבר תחלה

Indeed, it is impossible for the wicked to begin to serve G‑d, that is, to observe the mitzvot out of a feeling of love and fear of G‑d, without first repenting for their past,

לשבר הקליפות, שהם מסך מבדיל ומחיצה של ברזל המפסקת בינם לאביהם שבשמים

in order to shatter the kelipot that were created by their sins, which form a sundering curtain and an “iron wall” that interposes between them and their Father in Heaven.7

על ידי שבירת לבו ומרירת נפשו על חטאיו

How are these kelipot shattered? — By means of contriteness of heart and bitterness of soul over one’s sins.

כמו שכתוב בזהר על פסוק: זבחי אלקים רוח נשברה לב נשבר וגו׳ שעל ידי לב נשבר, נשברה רוח הטומאה דסטרא אחרא

As the Zohar interprets the verse,8 “The sacrifices to the Almighty (Elokim) are a broken spirit, a broken and contrite heart…,” to mean that through one’s breaking his heart the unclean spirit of the sitra achra (the kelipot) is broken, and this is the sacrifice that we offer to the Divine Name, Elokim.

When speaking of the sacrifices and the laws pertaining to them, the Torah mentions only the Divine Name Havayeh (as in the oft-repeated phrase describing the sacrifices: “an appealing fragrance to G‑d (Havayeh)”). No mention is made of a sacrifice to the Divine Name, Elokim. What, asks the Zohar, does constitute a sacrifice to that Name? The Zohar interprets the previously quoted verse as answering this question. “The sacrifice to Elokim is a broken spirit” (i.e., breaking the spirit of the sitra achra; and this is accomplished by means of) “a broken and contrite heart.”

(עיין שם פרשת פינחס דף ר"מ, ופרשת ויקרא דף ח׳ ודף ה׳ עמוד א׳, ובפירוש הרמ״ז שם)

9(See Zohar on Parshat Pinchas, p. 240, and on Parshat Vayikra, p. 8 and p. 5a, and the commentary of Rabbi Moshe Zacuto thereon.)

FOOTNOTES

1.Kohelet 12:13.

2.Devarim 7:11.

3.Eruvin 22a.

4.Bereishit Rabbah 34:10; 67:8.

5.Berachot 18b.

6.The Rebbe notes that in the following sentences the Alter Rebbe addresses a difficulty which arises from his previous statement concerning the rasha: If indeed, the mind of the rasha is under the control of his heart, and if the heart is naturally inclined, not toward love and fear of G‑d (in any form, not even a love which remains hidden in the mind) but toward material pleasures, then (a) It is not only “far”, but in fact impossible for him to acquire a love or fear of G‑d; (b) It will remain impossible for him forever, G‑d forbid, for what will arouse him to love and fear once he has lost control over his mind, which is the medium of influence on the heart? Indeed, answers the Alter Rebbe; in his present state, it is in fact impossible for the rasha to attain a love or fear of G‑d. But it is in his hands to change this state of affairs — through repentance, which destroys the evil in his heart.In this way, the rasha tackles the problem at its source. Once his heart rules him no longer, his mind is free to influence it, and to arouse a love and fear of G‑d.

7.Cf. Yeshayahu 59:2.

8.Tehillim 51:19; Zohar II, 116b.

9.Parentheses are in the original text.

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Rambam:

• Daily Mitzvah Sefer Hamitzvos:

P173, N362, N364, N363, N365

Positive Commandment 173

Crowning a King

"Appoint a king upon yourselves"—Deuteronomy 17:15.

We are commanded to appoint a king, who will unite and rule over our nation. This is one of the three mitzvot the Jews were commanded upon entering the Land—the other two were building the Holy Temple and eradicating Amalek.

The king whom we appoint must command our awe. We must have the ultimate respect, reverence and estimation for the monarch—greater even than that we have for prophets. Any decree that the king issues must be obeyed—provided that it doesn't countermand a Torah law. And the Torah-sanctioned king has the right to have executed anyone who disregards his orders.

The 173rd mitzvah is that we are commanded to appoint over ourselves a Jewish king to speak for us1 and lead us.

The source of this commandment is G‑d's statement2 (exalted be He), "You shall appoint for yourselves a king."

We have mentioned previously3 the statement of our Sages in the Sifri,4 "The Jewish people were commanded three mitzvos upon entering the Land of Israel: to appoint a king, to build the Holy Temple, and to destroy the descendants of Amalek." Our Sages also said in the Sifri,5 "The verse, 'You shall appoint for yourselves a king,' constitutes a positive commandment."

This commandment is explained as follows:6 "The verse, 'You shall appoint for yourselves a king,' means that you must instill in yourselves awe of him."7 We should think of him with the greatest possible respect, and awareness of his great and exalted status, to the extent that in our eyes he is greater than any of the prophets of that generation.8

We are required to fulfill any command the king issues unless it contradicts a commandment of the Torah. If a person transgresses the king's command and does not fulfill it, the king is allowed to execute him by the sword. Our ancestors, may they rest in peace, accepted this upon themselves when they said [to Joshua9], "Whoever rebels against your statement, and does not obey all your commands shall be put to death." Anyone who rebels against a king who was appointed in accordance with the Torah, may be executed by the king.

All the details of this mitzvah are explained in the second chapter of tractate Sanhedrin,10 the first chapter of Kerisus,11 and the seventh chapter of Sotah.12

FOOTNOTES

1.Literally, "unite our speech," i.e. represent and speak on behalf of the entire Jewish people. See Kapach, 5731, footnote 55. The Rav Kook edition translates, umoseinu, which is followed by Chavel and translated "unite our whole nation."

2.Deut. 17:15.

3.P20.

4.Deut. 12:10. From the expression, "three mitzvos," the Rambam derives that each of the three is counted as a mitzvah among the 613.

5.Ibid.

6.Sifri, ibid.; Sanhedrin 20b.

7.The verse literally reads, "Place, you shall place upon yourselves a king." It is this redundant use of the word, "you shall place," that alludes to the added dimension of this commandment.

8.See Horios 13a: "A king precedes a kohen gadol...a kohen gadol precedes a prophet."

9.Joshua 1:18.

10.19b.

11.5b.

12.41b.

Negative Commandment 362

Appointing a Foreigner as a King

"You may not set a stranger over you who is not your brother"—Deuteronomy 17:15.

We are forbidden to appoint a king who is not from Jewish ancestry, even if he is a righteous convert. To be eligible for the position, the individual must have been born to a Jewish mother.

The same is true with regards to all appointments – whether governmental or Torah-related – only one with Jewish ancestry may be appointed.

This all applied until King David became king. From that point and onwards, only a descendant of King David (specifically through his son Solomon) is eligible to be king. Anyone other than a descendant of David is considered a "stranger" with regards to kingship, as is anyone not of Aaron's seed with relation to priesthood.

The 362nd prohibition is that we are forbidden from appointing over ourselves a king who is not of Jewish lineage, even if he is a ger tzedek (righteous convert).

The source of this prohibition is G‑d's statement1 (exalted be He), "You may not appoint a foreigner who is not one of your brethren."

The Sifri2 says: "The verse, 'You may not appoint a foreigner,' constitutes a prohibition."

It is also prohibited to appoint a ger tzedek to any another position, whether in Torah3 or in government,4 unless his mother is Jewish. From this that G‑d (exalted be He) said,5 "You shall appoint for yourselves a king among your brethren," our Sages derived,6 "All appointments you make over yourselves must be from among your brethren."

The position of king is unique in that it was bestowed upon Dovid [and his descendants], as you know from the words of the Prophets. Our Sages said explicitly,7 "Kingship was bestowed upon Dovid," and so too his descendants for all generations.8 For those who believe in the Torah of Moshe Rabbeinu, a king must descend from Dovid and Shlomo. One who is not from this distinguished lineage is considered a "foreigner" as far as kingship is concerned, just as any Jew who does not descend from Aaron is considered a "foreigner" as far as serving in the Holy Temple. This is clear beyond any doubt.

The details of this mitzvah are explained in many passages in tractate Yevamos,9 Sanhedrin,10 Sotah,11 and Niddah.12

FOOTNOTES

1.Deut. 17:15.

2.Ibid.

3.Such as a judge.

4.Such as a mayor.

5.Deut. 17:15.

6.Yevamos 45b. The verse literally reads, "Place, you shall place upon yourselves." This is derived from the same repetitive phrase mentioned above in P173.

7.Yoma 72b.

8.See Psalms 18:51.

9.45b.

10.18ff.

11.41a.

12.49b. See Tosafos, "Chada."

Negative Commandment 364

A King Marrying Multiple Wives

"Neither shall he have many wives"—Deuteronomy 17:17.

A king may not marry a multitude of wives. The maximum allowable is eighteen wives.

The 364th prohibition is that a king is forbidden from having too many wives.

The source of this prohibition is G‑d's statement1 (exalted be He), "He must not have too many wives."

The limit is that he may not have more than 18 wives legally bound by kesubah and kiddushin.2

The details of this mitzvah are explained in the second chapter of tractate Sanhedrin.3 Whenever he adds on to this limit, he is punished by lashes.

FOOTNOTES

1.Deut. 17:17.

2.Kesubah is a written contract and kiddushin is the actual marriage. This seems to exclude pilagshim (concubines), who do not have a kesubah. In Mishneh Torah (Hilchos Melachim, 3:2), however, the Rambam rules that the limit of 18 applies to the total of regular wives and pilagshim.

3.21a.

Negative Commandment 363

A King Accumulating Many Horses

"But he shall not accumulate many horses"—Deuteronomy 17:16.

A king may not accumulate many horses. He may have one horse to ride upon, and for military purposes as many as necessary in his royal stables. But his entourage may not include even one extra horse running before him.

The 363rd prohibition is that a king is forbidden from having too many horses.

The source of this prohibition is G‑d's statement1 (exalted be He), "He must not have too many horses."

The limit is that he may not have even one horse for the purpose of running before him.2 He may own only the animal that he himself rides upon, and horses kept ready in his stables for his army to ride on in battle. For himself, he may own only one single animal.

The details of this mitzvah are explained in the second chapter of tractate Sanhedrin.3

FOOTNOTES

1.Deut. 17:16.

2.Non-Jewish kings would have many horses in formation in front of themselves for pomp and glory.

3.21b.

Negative Commandment 365

A King Amassing Personal Wealth

"Neither shall he greatly multiply to himself silver and gold"—Deuteronomy 17:17.

A king may not amass personal wealth. He may keep in his personal treasury funds sufficient to pay his servants' and soldiers' wages—but no more than that. And for communal purposes, he may collect as much as he wishes.

The reason for these prohibitions – against accumulating wives, horses and money – is explicitly stated in the Torah: "He may not acquire many horses for himself, so that he will not bring the people back to Egypt in order to acquire many horses... He shall not take many wives for himself, so that his heart shall not turn away [from G‑d], and he shall not acquire much silver and gold for himself."

Because the reasons for these mitzvot are known, many decided to disregard them [claiming that the reasons do not apply to them]—even Solomon, despite his incredible wisdom and knowledge, and despite the fact that he was dubbed "a friend of G‑d" [fell into this trap].

This is a valuable lesson for us all. Were we to know the reasons behind all the mitzvot, we would find reasons to abolish them all. If Solomon made this mistake, certainly the weak-minded general public would the same, saying, "G‑d only commanded us to do this, and forbade us from doing that, because of such and such. We will be meticulous regarding the reason why the mitzvah was given—but will disregard the mitzvah itself." And the entire religion would thus be lost.

Therefore G‑d concealed the reasons behind [many of] the mitzvot, and most of the reasons are beyond the comprehension of the general population.

But there is not one that doesn't have logic and reason. They are all, as the prophet testifies, "the statutes of G‑d are upright; they make the heart rejoice."

And I beseech G‑d for assistance in observing all that He commanded, and distancing all that He forbade.

And this is what we wished to include in this work.

Translator's Note: This is the final mitzvah in the Sefer Hamitzvot.

The 365th prohibition is that a king is forbidden from having too much money for his personal use.

The source of this prohibition is G‑d's statement1 (exalted be He), "He must not accumulate very much silver and gold."

The limit is that he should not have personal wealth beyond the expenses of his royal court and servants. To accumulate wealth for the needs of the Jewish people, however, is allowed.

The reasons for these mitzvos — "He must not have too many horses," "He must not have too many wives," and "He must not accumulate very much silver and gold" — are given in Scripture.2 Since their reason was known it became possible to nullify them, as is well known from the case of Shlomo, [who nullified them] in spite of his exalted level of knowledge and wisdom, and his being, "Yedidy‑ah" [the beloved of G‑d].

Our Sages said3 that this is a lesson to people that if G‑d would reveal the reasons for all the mitzvos, they would find ways to disobey them. If even one who was so great and perfect [i.e. Shlomo] could make the mistake of thinking that he could do the forbidden act and avoid the underlying reason for the prohibition,4 how much moreso the more weakminded masses. Certainly [if they knew the reasons for the mitzvos] they would disregard them by saying, "this was prohibited," or "this was commanded only for such-and-such a reason. I can avoid the reason for which the commandment was given and ignore [the mitzvah itself]." In such a way, the entire Torah could be nullified. G‑d therefore concealed their rationale.

There is not a single mitzvah, however, that does not have a reason and purpose. The majority of these causes and reasons, though, cannot be grasped or understood by the masses. But regarding them all the Prophet says,5 "The commandments of G‑d are straight, they make the heart rejoice." And I ask that G‑d, in His Kindness, help me fulfill everything that He has commanded from these [mitzvos], and to keep [me] far away from everything He has prohibited from them.

FOOTNOTES

1.Deut. 17:17.

2.Horses: To prevent the king from bringing the Jewish people back to Egypt (which was famous for its horses). Wives: To prevent them from leading his heart astray.

3.Sanhedrin 21b.

4.E.g. to own many horses and nevertheless not return to Egypt.

5.Tehillim 19:9.

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Rambam:

• 1 Chapter: Tum'at Okhalin Chapter 6

Chapter 6

Halacha 1

When the shells of nuts and almonds are cracked, they are still considered as attached to the food until the shell is shattered.

Halacha 2

Once a perforation has been made through which to suck out the contents of a soft-roasted egg, the remainder of the shell is not considered as connected to it. When an egg has been cooked, its shell is considered as connected to it until it is shattered. If the shell has been spiced, even if it is shattered entirely, it is still considered as connected.

Halacha 3

When a bone contains marrow, the bone is considered as connected to the marrow until it is shattered. The wool on the heads of sheep and the hair on a goat's beard even when charred with fire are still considered as connected to the food until one begins removing them.

Halacha 4

Even though one already passed a knife over the wings of locusts or the scales of fish, they are considered as connected until one begins actually peeling them off. When the seeds of a pomegranate have separated, they are still considered as connected until one strikes it with a reed.

Halacha 5

The stalks of a date palm are not considered as connected to each other.

Halacha 6

When one cut a cucumber and placed it on the table, the portions are considered as connected until one begins to separate one from the other. If one begins to separate, a piece and anything that ascends with it is considered as connected. The remainder is not considered as connected. The lower tip is considered as connected to itself and not to the other pieces.

When there were two or three cucumbers, one cut each one of them and placed them on the table and began eating one of them, the one he began eating is considered as connected and the others are not considered as connected. Even if he said: "I am eating half in the morning and half in the evening," the half with which he began is considered as connected and the remainder is not considered as connected.

Halacha 7

When a person cuts vegetables and the like to cook them, even though he did not finish cutting them to the extent that they were separated, they are no longer considered as connected. Instead, if one piece contracts impurity, the other does not contract impurity even though they remain attached.

If one cuts a vegetable to pickle, to cook lightly, or to serve on the table, the pieces are considered as connected, even if he begins to separate what he cut.

Halacha 8

Any food that was still not separated is considered as connected. If part of it contracts impurity, it is impure in its entirety.

Halacha 9

The following rules apply when food was divided, but the pieces were still partially attached and an impure person touched one piece. Were he to hold the piece that he touched, the other piece would ascend with it, they are considered as connected. If when one holds the impure piece and lifts it up, the other one would break off and fall, they are not considered as connected. Instead, the second piece is considered as touching the piece that contracted impurity.

Halacha 10

The following laws apply whenever leaves or stems are connected to foods. Those that are usually held by their leaves, should be held by their leaves. If they are held by their stalks, they should be held by their stalks. If the food remains hanging from the leaves or the stems, it is considered as connected when touched by a person who immersed in a mikveh that day. Needless to say, this applies to other impurities.

Similarly, if a fruit has a part that could be considered as a handle, it should be held by the handle. If it has both leaves and a handle, it should be held by whichever one desires. If it has neither leaves nor a handle, concerning such a situation, our Sages said: If when one holds the impure piece and lifts it up, the other one ascends with it, they are considered connected. If not, they are not considered connected.

Halacha 11

When one cut off nuts with their stems when they are soft and joined them together like a rope or joined onions together in a like manner, they are considered as joined. If he begins separating the nuts or cutting off the onions, the remainder are not considered as joined. Even if there were 100 kor left, they are all not considered as connected, because he has indicated that his intent is to undo all of them.

Halacha 12

When there is a braided chain of garlic heads and liquids fell on one of them, it is impure, but those joined to it are pure. For articles joined together by humans are not considered as joined together for all matters. Similarly, when an esrogwas separated into pieces and skewered by a weaving needle or a sliver of wood, the pieces are not considered as joined.

Halacha 13

When a dough was kneaded with fruit juice, the portions of the dough are not considered as joined, for the only entities that join food are the seven liquids.

Halacha 14

When one crushes foods together and amasses them, e.g., dried figs, dates, or raisins that were amassed and made into a single block, they are not considered as joined. Therefore, when impure liquids fell on a portion of a ring of dried figs, one may remove the portion on which the liquids fell and the remainder is pure.

Halacha 15

If one cooked dates and dried figs together and made them a single mass, they are considered as joined.

Halacha 16

When olives were stored and combined together in a single mass, they are considered as joined, since at the outset, they were placed in the pit with the intent that their fluids flow from one to another.

Therefore if the carcass of a creeping animal was found on a mound of olives, i.e., olives that have become a single mass, even if it touched only a barley-sized portion of the mass, the entire amount is impure, because it is all a single entity.

If a person had a mass of olives and he was planning to turn it over, once he inserts the spade into the mass, they are no longer considered as connected even though there are many lumps. If a mass is formed after they were turned over, they are not considered as joined.

Halacha 17

When separate foods are all collected in the same place and are clinging to each other, even though they are not considered as joined with regard to the contraction of impurity, and they are not considered as a single mass, as explained, they are still combined to produce the measure of an egg-sized portion to impart impurity to other foods. If the foods were not collected as one mass, but instead were separate like cooked food and legumes, they are not considered as a combined entity even in that context until they are collected and formed into a single mass.

When there were many lumps of food, one next to another and a primary source of impurity touched one of them, that lump is considered as a primary derivative of impurity. The lump next to it is considered as a secondary derivative, the one next to the second, a tertiary derivative, and the one next to the third, a derivative of the fourth degree.

Halacha 18

If a loaf that was terumah was a primary derivative of impurity became attached to others, they are all considered as primary derivatives. If it was separated, it is considered as a primary derivative and the others, as secondary derivatives. If it was a secondary derivative and it became attached to others, they are all considered as secondary derivatives. If it was separated, it is considered as a secondary derivative and the others, as tertiary derivatives. If it was a tertiary derivative and it became attached to others, it remains a tertiary derivative and they are all considered as pure, whether they were separated or not.

Halacha 19

When loaves that are terumah are attached to each other and one of them contracted impurity from the carcass of a crawling animal, they are all considered as primary derivatives even if they are separated afterwards. If one of them contracted impurity from impure liquids, they are all considered as secondary derivatives even if they are separated afterwards. If one contracted impurity from impure hands, they are all considered as primary derivatives even if they are separated afterwards. The rationale for this law is that the loaves were a single entity at the impurity was contracted.

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Rambam:

• 3 Chapters: Melachim uMilchamot Chapter 1, Melachim uMilchamot Chapter 2, Melachim uMilchamot Chapter 3

Chapter 1

HILCHOT MELACHIM U'MILCHAMOTEIHEM

THE LAWS OF KINGS AND THEIR WARS

This text includes 23 mitzvot; ten positive commandments and thirteen negative commandments. They are:

1) The obligation to appoint a king in Israel;

2) The prohibition against appointing a convert as king;

3) The prohibition against the king marrying many wives;

4) The prohibition against the king accumulating many horses;

5) The prohibition against the king amassing too much silver and gold;

6) The obligation to destroy the seven nations living in the Land of Canaan;

7) The prohibition against allowing any one of them to remain alive;

8) The obligation to destroy the descendents of Amalek;

9) The obligation to remember what Amalek did;

10) The prohibition against forgetting Amalek's evil deeds, including his ambush against the Israelites during their journey from Egypt to Israel;

l l) The prohibition against dwelling in Egypt;

12) The obligation to offer peace to the inhabitants of a city when besieging it; to carry out the laws governing the siege as prescribed in the Torah, in particular, the laws applying if the enemy agrees to surrender and those applying if it refuses;

13) The prohibition against offering peace to Ammon and Moab, in contrast to other nations, when besieging them;

14) The prohibition against destroying fruit-bearing trees during a siege;

15) The obligation to set up a latrine outside an army camp;

16) The obligation to carry a spike to dig with;

17) The obligation to anoint a priest to speak to the troops in the event of war;

18) The obligation to allow those who have consecrated wives, built houses, or planted vineyards to rejoice in their new status for a complete year, while releasing them from military conscription;

19) The prohibition against asking those mentioned in the previous category to perform any duties, including handling the needs of one's city or providing supplies to the troops during that year;

20) The obligation not to become frightened, nor to flee in the midst of battle;

21) The prohibitions and obligations regarding a yefat toar, a Gentile woman with whom the Torah allows relations in wartime;

22) The prohibition against selling a yefat toar;

23) The prohibition against subjugating her to perform menial duties after having relations with her.

These mitzvot are explained in the coming chapters.

Halacha 1

Israel was commanded to fulfill three mitzvot upon entering the Promised Land:

a) To choose a king, as Deuteronomy 17:15 states: 'Appoint a king over yourselves;'

b) To wipe out the descendents of Amalek, as Deuteronomy 25:19 states: 'Erase the memory of Amalek;'

c) To build God's Chosen House, as Deuteronomy 12:5 states: 'Seek out His Presence and go there.'

Halacha 2

The appointment of a king should precede the war against Amalek. This is evident from Samuel's charge to King Saul (I Samuel 15: l-3): 'God sent me to anoint you as king ... Now, go and smite Amalek.'

Amalek's seed should be annihilated before the construction of the Temple, as II Samuel 7:1-2 states: 'And it came to pass, when the king dwelled in his palace, and God gave him peace from all his enemies who surrounded him, the king said to Nathan, the prophet: 'Look! I am dwelling in a house of cedar, ... but the ark of God dwells within curtains.'

Since it is a mitzvah to appoint a king, why was God displeased with the people's request of a king from Samuel? Because they made their request in a spirit of complaint. Rather than seeking to fulfill the mitzvah of appointing a king, they were simply intent on rejecting the Prophet Samuel as implied by God's reply to him (I Samuel 8:7): 'It is not you, but Me they have rejected.'

Halacha 3

As an initial and preferred option, a king may be appointed only by a court of 70 elders, together with a prophet, as Joshua was appointed by Moses and his court, and as Saul and David, were appointed by Samuel of Ramah and his court.

Halacha 4

A king should not be appointed from converts to Judaism. This applies even if the convert's ancestors had been Jewish for many generations, unless his mother [or father¹] is a native-born Israelite, as Deuteronomy 17:15 states: 'You may not appoint a foreigner who is not one of your brethren.'

This does not apply to the monarchy alone, but to all positions of authority within Israel. A convert may not serve as an army commander, a leader of fifty, or as a leader of ten. He may not even supervise the allocation of water from a stream to various fields.

Needless to say, a judge or a nasi should only be a native-born Israelite, as it is stated (ibid.): 'Appoint a king over you from among your brethren.' This implies that all appointments must only be 'from your brethren.'

Halacha 5

We may not appoint a woman as king. When describing the monarchy, the Torah employs the male form of the word king and not the female.

This principle also applies to all other positions of authority within Israel. Only men should be appointed to fill them.

Halacha 6

Neither a butcher, barber, bath-attendant, nor a tanner should be appointed king or High-Priest. This is not because of an inherent fault, but because their professions are less prestigious, and the people will always treat them lightly.

A person who has served in one of these professions for even one day, is disqualified for the monarchy.

Halacha 7

When a king is appointed, he is anointed with oil reserved for this purpose, as I Samuel 10:1 states: 'And Samuel took the cruse of oil and poured it over his head. Then, he kissed him.'

Once a king is anointed, he and his descendents are granted the monarchy until eternity, for the monarchy is passed down by inheritance, as Deuteronomy 17:20 states 'Thus, he the king and his descendents will prolong their reign in the midst of Israel.'

If the king leaves only a young son, the monarchy should be held for him until he matures, as Yehoyada did for Yoash. The order of inheritance of the monarchy is the same as that governing the inheritance of property. An older son is given precedence over a younger one.

Not only the monarchy, but all other positions of authority and appointments in Israel, are transferred to one's children and grandchildren as inheritances forever.

The above applies if the knowledge and the fear of God of the son is equivalent to that of his ancestors. If his fear of God is equivalent to theirs but not his knowledge, he should be granted his father's position and given instruction. However, under no circumstance should a person who lacks the fear of God be appointed to any posi-tion in Israel, even though he possesses much knowledge.

Once David was anointed king, he acquired the crown of kingship. Afterwards, the kingship belonged to him and to his male descendents forever, as II Samuel 7: 16 states: 'Your throne shall be established forever.' Nevertheless, his acquisition of the monarchy was conditional, applying only to the righteous among his descendents, as Psalms 132:12 states: 'If your children will keep My covenant... their children shall also sit on your throne forever.'

Despite this condition, God assured David that the monarchy would never be taken from his descendents forever, as Psalms 89:31-38 states: "lf his children will forsake My Torah and cease walking in My statutes ... I will punish their transgressions with the rod and their sins with plagues. Nevertheless, I will not utterly remove My grace from him.... His throne shall be ... established forever.'

Halacha 8

If a prophet appoints a king from any other tribe of Israel and that king follows the path of Torah and mitzvot and fights the wars of God, he is considered as a king, and all the commandments associaed with the monarchy apply to him.

Although the kingship was primarily given to David and one of his descendents will be serving as king, there is halachic legitimacy to the rule of other kings. Behold, Achiyah of Shilo appointed Jeroboam and told him (I Kings 11:38): 'And it shall be that if you obey all that I command you... I will build you a faithful house as I built for David.' Similarly, Achiyah told him (ibid.: 36): 'To his (David's) son, I will grant one tribe, so that David, My servant, will always have sovereignty before Me in Jerusalem.'

Halacha 9

The kings of the Davidic dynasty will prevail forever (II Samuel 7:16): 'Your throne shall be established forever.' In contrast, should a king arise from other Israelites, the monarchy will eventually cease from his descendents. For behold, Jeroboam was told: I Kings 11:39 'I will afflict the House of David.... but not forever.'

Halacha 10

Kings of Israel are not anointed with the special anointing oil, but with Afarsimon oil. Only a descendent of David may be appointed as king in Jerusalem. And only descendents of David are anointed with the special anointing oil.

Halacha 11

The kings of the Davidic dynasty should only be anointed near a spring.

Halacha 12

A son who succeeds his father as king is not anointed unless he assumes his position amid a dispute over the inheritance or during a civil war. Under these circumstances, he should be anointed in order to remove all disagreement.

Therefore, they anointed Solomon because of the claim of Adoniyahu, Jehoash, because of the usurpation of Atalyah, and Jehoachaz, because of [the claim of his brother, Jehoyakim.

FOOTNOTES

1.

Tosafot (Yevamot 102a) explain that if a person's father is a native-born Israelite, he may be appointed to positions of authority, regardless of his mother's origins. Alternatively, a king's yichus is questioned only at the beginning of a dynasty. Once the dynasty has been established, a son may assume his father's position, even if his mother is a convert (Noda B’Yehudah, Choshen Mishpat, Responsum l).

Chapter 2

Halacha 1

The king must be treated with great honor. We must implant awe and fear of him in the hearts of all men. The command Deuteronomy 17:15: 'Appoint a king' implies the obligation to be in awe of him.

We may not ride on his horse, nor sit on his throne, use his scepter, wear his crown, or use any of his utensils. When he dies, they should all be burned before his bier.

Similarly, only another king is allowed to make use of his servants, maids, and attendants. Accordingly, Avishag was permitted to Solomon, but prohibited to Adoniyahu.

Halacha 2

However, a king's wife is forbidden to share intimacy with another person forever. Even another king may not marry a king's widow or divorced exwife.

Halacha 3

It is forbidden to observe him while he is naked, while he is having his hair cut, while he is in the baths, or while he is drying himself afterwards.

He may not perform chalitzah, for concerning that ritual, it is said Deuteronomy 25:9: 'And she shall spit before him.' This would be disrespectful to the king.

Even if he desires to perform this mitzvah, he is not given the opportunity because a king's honor must be preserved even though he is willing to forgo it.

Since he is not allowed to perform chalitzah, he is not eligible to participate inyibbum. Similarly, in the event of his death, since it is forbidden to initiate yibbumwith his wife, chalitzah is also not performed for her. Rather, she must remain in her state of attachment forever.

Halacha 4

Even if one of his close relatives dies, he may not leave his palace. When he is served the meal of comfort, the entire nation should sit on the ground and he should sit on a low couch.

If he enters the Temple courtyard, and he is of David's descendents, he may sit. For the only ones who may sit in the Temple Courtyard are kings of the Davidic dynasty, as II Samuel 7:18 states: 'And David sat before God.'

Halacha 5

A king should have his hair cut every day. He should dress and adorn himself in attractive and impressive garments, as Isaiah 33:17 states: 'Your eyes shall behold the king in his beauty.'

He sits on his throne in his palace and has a crown placed on his head.

When he desires, the nation must present themselves before him. They should stand before him and prostrate themselves to the ground. Even a prophet must stand before the king and prostrate himself on the ground, as I Kings 1:23states: 'Behold, Nathan, the prophet came before the king and prostrated himself before the king.'

However, a High Priest need not come before the king unless he the High Priest desires to do so. The High Priest need not stand before the king. Rather, the king stands before the High Priest, as Numbers 27:21 states: 'And he shall stand before Elazar, the priest.'

Nevertheless, it is a mitzvah for the High Priest to honor the king by having him seated and standing in his presence when he visits him. The king should only stand before him when he consults the Urim and Tumim.

Similarly, it is a mitzvah for the king to honor students of Torah when they enter his presence. He should stand before the Sanhedrin and the Sages of Israel and seat them at his side.

Jehosephat, King of Judah would follow this practice. Whenever even a student of a Torah scholar would come to him, he would rise from his throne and kiss him and address him as 'My teacher and master.'

When does the above apply? When the king is alone in his palace. Then, in private, before his servants, he should behave in this fashion. However, in public, before the people at large, he should not conduct himself in this manner. He should not stand before anyone. He should not speak gently and should address a person using his name alone in order that the awe of him will be implanted in everyone's hearts.

Halacha 6

Just as the Torah has granted him great honor and obligated everyone to revere him; so, too, has it commanded him to be lowly and empty at heart, asPsalms 109:22 states: 'My heart is a void within me.' Nor should he treat Israel with overbearing haughtiness. For Deuteronomy 17:20 describes how 'he should not lift up his heart above his brothers.'

He should be gracious and merciful to the small and the great, involving himself in their good and welfare. He should protect the honor of even the humblest of men.

When he speaks to the people as a community, he should speak gently, as I Chronicles 28:2 states 'Listen my brothers and my people....' Similarly, I Kings 12:7 states 'If today, you will be a servant to these people....'

He should always conduct himself with great humility. There is none greater than Moses, our teacher. Yet, he said Exodus 16:8: 'What are we? Your complaints are not against us.' He should bear the nation's difficulties, burdens, complaints, and anger as a nurse carries an infant.

Psalms 78:71 refers to a king as a shepherd: 'to pasture, Jacob, His nation.' The prophets have described the behavior of a shepherd (Isaiah 40:11): 'He shall pasture His flock like a shepherd, He shall gather the lambs with His arm and carry them in His bosom."

Chapter 3

Halacha 1

During a king's reign, he must write a Torah scroll for himself in addition to the scroll which was left to him by his ancestors. A court of 71 elders should check this scroll by comparing it to the Torah scroll kept in the Temple Courtyard.

If his ancestors did not leave him a Torah scroll or that scroll was lost, he must write two Torah scrolls:

one, in whose writing, he is obligated as is every individual Israelite, and which he places in his treasury;

the second, which should not move from his presence except when he enters a lavatory, the baths, or other places in which it is not fit to read the words of Torah.

When he goes to war, this scroll should accompany him. When he returns, it should accompany him. When he sits in judgement, it should be with him. When he dines, it should be opposite him, as Deuteronomy 17:19 states: 'It should accompany him and he should read it all the days of his life.'

Halacha 2

'He should not amass many wives' Deuteronomy 17:17. The Oral Tradition states that he may take no more than eighteen wives.

The figure eighteen includes both wives and concubines. If he takes an additional wife and has relations with her, he is punished with lashes.

He may divorce one of his wives and marry another instead of the one he divorced.

Halacha 3

He may not accumulate many horses, only what is necessary for his cavalry. It is even forbidden for him to have one additional horse to run before him as is customarily done by other kings. If he adds an additional horse, he is to be lashed.

Halacha 4

He may not amass silver and gold to keep in his personal treasury in order to boost his pride or allow him to glorify himself. Rather, he may collect only what is necessary to pay his soldiers, servants, and attendants.

Any gold and silver which he does accumulate should be given to the Temple treasury to be kept there, in readiness for the needs of the community and their wars.

It is a mitzvah to accumulate such treasure stores. The prohibition is only against amassing personal wealth in his own treasure houses, as Deuteronomy 17:17 states: 'He shall not amass for himself...' Should he amass personal wealth, he is to be lashed.

Halacha 5

The king is forbidden to drink wine to the point of intoxication, as Proverbs 31:4states: 'It is not for kings to drink wine....'

Rather, he should be involved with Torah study and the needs of Israel by day and by night, as Deuteronomy, loc. cit. states: 'It should accompany him and he should read it all the days of his life.'

Halacha 6

Similarly, he should not be overly indulgent in his relations with his wives. Even if he has only one wife, he should not constantly be with her as is the practice of fools, as Proverbs 31:3 states: 'Do not give your strength to women.'

When the Torah forbade the king from accumulating many wives, its emphasis was that his heart not go astray as Deuteronomy 17: 17 warns: 'lest his heart go astray.' His heart is the heart of the entire congregation of Israel. Therefore, the verse commanded him to have it cleave to the Torah to a greater degree than the rest of the nation, as it is stated: 'all the days of his life.'

Halacha 7

We have already explained that kings of the Davidic dynasty may be judged and testimony may be given against them.

However, in regard to the other kings of Israel, the Sages decreed that they neither sit in judgement or be judged. They may not give testimony, nor is testimony given against them. This is because they are arrogant and the matter may cause a tragedy and loss to the faith.

Halacha 8

Anyone who rebels against a king of Israel may be executed by the king.

Even if the king orders one of the people to go to a particular place and the latter refuses, or he orders him not to leave his house and he goes out, the offender is liable to be put to death. The king may execute him if he desires, asJoshua 1:18 states: 'Whoever rebels against your command ... shall be put to death."

Similarly, anyone who embarrasses or shames the king may be executed by the king as was Shim'i ben Gera.

The king may only execute people by decapitation. He may also imprison offenders and have them beaten with rods to protect his honor. However, he may not confiscate property. If he does, it is considered theft.

Halacha 9

A person who negates a king's command because he was occupied with a mitzvah, even a minor one, is not liable. Whose words should have precedence in case of conflict, the words of the Master or the words of the subject? Needless to say, if a king decrees that a mitzvah should be negated, his words should not be heeded.

Halacha 10

A murderer against whom the evidence is not totally conclusive, or who was not warned before he slew his victim, or even one who was observed by only one witness, and similarly, an enemy who inadvertently killed one of his foes - the king is granted license to execute them and to improve society according to the needs of the time.

He may execute many on one day, hang them, and leave them hanging for many days in order to cast fear into the hearts and destroy the power of the wicked of the earth.

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Hayom Yom:

• Monday, 5 Shevat 5774 – 6 January 2014

"Today's Day"

Monday, 5 Sh'vat 5703

Torah lessons: Chumash: Bo, Sheini with Rashi.

Tehillim: 29-34.

Tanya: And this constitutes (p. 73)...The "Ramaz" thereon). (p. 73).

One must recite words of Torah copiously, saying Tehillim or verbally reviewing Mishna whenever and wherever possible, in order to bolster the existence of Creation, to be saved from chibut hakever1 and kaf hakela,1 and to merit all the highest revelations.

FOOTNOTES

1.Processes of purgatory undergone by the soul after death; see Tanya; Ch. 8. See Tevet 7.

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Daily Thought:

After the Holocaust

Elie Wiesel asked the Rebbe,

“How can you believe in G‑d after the Holocaust?”

The Rebbe asked Elie Wiesel,

“How can you not believe in G‑d after the Holocaust?”

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