Today in Judaism: Today is: Wednesday, 21 Shevat 5774 • 22
January 2014
Today in Jewish History:
• First Jew Granted Residence in England (1657)
On February 4, 1657, Oliver Cromwell, Lord Protector of England,
issued the first residence permit to a Jew, Luis Carvajal, since the expulsion
of all Jews from England by King Edward I in the year 1290. The edict of
expulsion had been officially overturned in the previous year, 1656. The
re-admittance of Jews into England was partially due to the efforts of the great
scholar Rabbi Menasseh Ben Israel.
Link: Menasseh Ben Israel
• Passing of Rabbi Moshe Galante (Galanti) (1689)
Rabbi Moshe Galanti II was born in Safed in 1620 and later moved
to Jerusalem where he founded a large yeshivah. He was a grandson of the famed
Rabbi Moshe Galante I, who was a student of Rabbi Yosef Karo.
Rabbi Galanti was the first rabbi endowed with the title Rishon
l'Tzion ("the First of Zion"), a title traditionally conferred upon
the Chief Sephardic Rabbi of Jerusalem and later of the Land of Israel. This
due to the profound love and esteem he was given by the Sephardic community in
Jerusalem.
He authored a number of works including Elef HaMagen, which
includes 1,000 responsa on various topics; Parpara'ot l'Chochmah, a commentary
on the Bible; and Zevach HaShelamim on the Talmud.
Counted among his students was Rabbi Chizkiyah De Silva, rabbi
of Hebron and author of the Pri Chadash (printed in the standard edition of the
Code of Jewish Law).
Daily Quote:
"Blessed shall you be when you come in, and blessed shall
you be when you go out" (Deuteronomy 28:6) -- May your departure from the
world be as free of sin as was your entry into the world (Talmud, Bava Metzia
107a)
Daily Study:
Chitas and Rambam for today:
Chumash: Parshat Parshat Mishpatim, 4th Portion (Exodus
22:27-23:5) with Rashi
• Chapter 22
27. You shall not curse a judge, neither shall you curse a
prince among your people. כז. אֱלֹהִים לֹא תְקַלֵּל וְנָשִׂיא בְעַמְּךָ
לֹא תָאֹר:
You shall not curse a judge: Heb. אֱלֹהִים. This is a warning
against cursing God and a warning against cursing a judge. -[From Sanh. 66a]
א-להים לא תקלל: הרי זו אזהרה לברכת השם, ואזהרה לקללת דיין:
28. Your fullness offering and your heave offering you shall not
delay; the firstborn of your sons you shall give Me. כח. מְלֵאָתְךָ וְדִמְעֲךָ
לֹא תְאַחֵר בְּכוֹר בָּנֶיךָ תִּתֶּן לִי:
Your fullness offering: The obligation that is incumbent upon
you when your produce becomes fully ripe. This reference is to the first fruits
(בִּכּוּרִים). -[From Onkelos, Mechilta, Temurah 4a]
מלאתך: חובה המוטלת עליך כשתתמלא תבואתך להתבשל, והם בכורים:
and your heave offering: Heb. וְדִמְעֲ. [This is] the terumah
[the first offering from the produce, which is given to the kohen] (Mechilta,
Temurah 4a), but I do not know the etymology of דֶּמַע [which is the noun root
of דִמְעֲ].
ודמעך: התרומה, ואיני יודע מהו לשון דמע:
you shall not delay: You shall not alter the sequence of their
separation by delaying what should come first and advancing what should come
later, namely that one may not advance terumah before bikkurim or tithes before
terumah. -[From Mechilta]
לא תאחר: לא תשנה סדר הפרשתן, לאחר את המוקדם ולהקדים את המאוחר, שלא
יקדים תרומה לבכורים ומעשר לתרומה:
the firstborn of your sons you shall give Me: to redeem him from
the kohen with five selas. Now did He not give the command concerning this
elsewhere (Num. 18:16) ? But [it is written here] to juxtapose to it “So shall
you do with your cattle and with your sheep,” [implying that] just as the
firstborn of man is redeemed after thirty days, as it is said: “And his
redemption, from a month old you shall redeem [him]” (Num. 18:16), so too with
the firstborn of small cattle; one must care for it for thirty days and
afterwards give it to the kohen. -[From Bech. 26b]
בכור בניך תתן לי: לפדותו בחמש סלעים מן הכהן. והלא כבר צוה עליו במקום
אחר, אלא כדי לסמוך לו כן תעשה לשורך, מה בכור אדם לאחר שלושים יום פודהו שנאמר (במדבר
יח טז) ופדויו מבן חדש תפדה, אף בכור בהמה דקה [גסה] מטפל בו שלשים יום ואחר כך נותנו
לכהן:
29. So shall you do with your cattle and with your sheep: seven
days it shall be with its mother, on the eighth day you may give it to Me. כט. כֵּן
תַּעֲשֶׂה לְשֹׁרְךָ לְצֹאנֶךָ שִׁבְעַת יָמִים יִהְיֶה עִם אִמּוֹ בַּיּוֹם הַשְּׁמִינִי
תִּתְּנוֹ לִי:
seven days it shall be with its mother: This is a warning to the
kohen, that if he wants to bring his sacrifice early, he may not bring it
before eight [days] because it lacks the minimum time requirement.
שבעת ימים יהיה עם אמו: זו אזהרה לכהן, שאם בא למהר את הקרבתו, לא ימהר
קודם שמונה, לפי שהוא מחוסר זמן:
on the eighth day you may give it to Me: We may think that is
obligatory for that day, [and if so, we would render: On the eighth day you
shall give it to Me. That is not so, however, because] it says here, “eighth,”
and it says further (Lev. 22:27), “and from the eighth day on it will be
accepted.” Just as “the eighth day” mentioned further means to make [it] fit
from the eighth day on, so does the eighth day mentioned here mean to make [it]
fit from the eighth day on, and this is its meaning: on the eighth day you are
permitted to give it to Me. -[From Mechilta]
ביום השמיני תתנו לי: יכול יהא חובה לבו ביום, נאמר כאן שמיני, ונאמר
להלן (ויקרא כב כז) ומיום השמיני והלאה ירצה, מה שמיני האמור להלן להכשיר משמיני ולהלן,
אף שמיני האמור כאן להכשיר משמיני ולהלן, וכן משמעו וביום השמיני אתה רשאי ליתנו לי:
30. And you shall be holy people to Me, and flesh torn in the
field you shall not eat; you shall throw it to the dog[s]. ל.
וְאַנְשֵׁי קֹדֶשׁ תִּהְיוּן לִי וּבָשָׂר בַּשָּׂדֶה טְרֵפָה לֹא תֹאכֵלוּ לַכֶּלֶב
תַּשְׁלִכוּן אֹתוֹ:
And you shall be holy people to Me: If you are holy and abstain
from the loathsomeness of [eating] carrion and mortally injured animals, you
are Mine, but if not, you are not Mine. -[From Mechilta]
ואנשי קדש תהיון לי: אם אתם קדושים ופרושים משקוצי נבלות וטרפות הרי
אתם שלי, ואם לאו אינכם שלי:
and flesh torn in the field: [If the flesh was torn] in the
house the law is the same, but the Scripture speaks of the usual occurrence,
[i.e.,] the location where animals are usually torn. Similarly, “For he found
her in the field” (Deut. 22:27), [i.e., the law is the same for any place where
no one is around to rescue a betrothed woman who is violated; it is assumed
that she cried out for help to no avail]. Similarly,” who will be unclean as a
result of a nocturnal emission” (Deut. 23:11). The same applies to an emission
that occurs during the day [that the person becomes unclean], but the Scripture
speaks of the usual occurrence [Mechilta]. [Onkelos renders:] וּבְשַׂר ךְתְּלִישׁ
מִן חֵיוָא חַייָא, [i.e., you cannot eat] flesh that was torn off through the
tearing of a wolf or a lion from a kosher beast or from a kosher domestic
animal while it was alive.
ובשר בשדה טרפה: אף בבית כן, אלא שדיבר הכתוב בהווה, מקום שדרך בהמות
ליטרף, וכן (דברים כב כז) כי בשדה מצאה, וכן (שם כג יא) אשר לא יהיה טהור מקרה לילה,
הוא הדין מקרה יום, אלא שדיבר הכתוב בהווה. ואונקלוס תרגם ובשר תליש מן חיוא חיא, בשר
שנתלש על ידי טרפת זאב או ארי, מן חיה כשרה או מבהמה כשרה בחייה:
you shall throw it to the dog[s]: He [the gentile] is also
similar to a dog [in this context, namely that the treifah can be given or sold
to him], or perhaps a dog is meant literally [that the treifah can be given
only to a dog]? Therefore, the Torah states regarding carrion (נְבֵלָה [an
animal that died without ritual slaughter]): “or sell [it] to a gentile” (Deut.
14:21). From this, we derive by a kal vachomer that from a treifah we are
permitted to gain any type of benefit [except eating, of course]. If so, why
does the Torah say “to the dogs” ? Because the Holy One, blessed is He, does
not withhold the reward of any creature, as it is said: “But to all the
children of Israel, not one dog will whet its tongue” (Exod. 11:7). Said the
Holy One, blessed is He, “Give it its reward.” -[From Mechilta]
לכלב תשליכון אותו: אף הגוי ככלב, או אינו אלא כלב כמשמעו, תלמוד לומר
בנבלה (דב' יד כא) או מכור לנכרי, קל וחומר לטרפה שמותרת בכל הנאות. אם כן מה תלמוד
לומר לכלב, למדך הכתוב שאין הקב"ה מקפח שכר כל בריה, שנאמר (שמות יא ז) ולכל בני
ישראל לא יחרץ כלב לשונו, אמר הקב"ה תנו לו שכרו:
Chapter 23
1. You shall not accept a false report; do not place your hand
with a wicked person to be a false witness.
א. לֹא תִשָּׂא שֵׁמַע שָׁוְא אַל תָּשֶׁת
יָדְךָ עִם רָשָׁע לִהְיֹת עֵד חָמָס:
You shall not accept a false report: Heb. לֹא תִשָׂא, as the
Targum [Onkelos renders]: You shall not accept a false report. [This is] a
prohibition against accepting slander (Mechilta, Pes. 118a, Mak. 23a), and for
a judge [it dictates] that he should not hear the plea of one litigant until
his opponent arrives (Mechilta, Sanh. 7b).
לא תשא שמע שוא: כתרגומו לא תקבל שמע דשקר, אזהרה למקבל לשון הרע, ולדיין,
שלא ישמע דברי בעל דין עד שיבא בעל דין חבירו:
do not place your hand with a wicked person: who files a false
claim against his neighbor, for whom he had promised to be a false witness.
אל תשת ידך עם רשע: הטוען את חבירו תביעת שקר, שהבטיחהו להיות לו עד
חמס:
2. You shall not follow the majority for evil, and you shall not
respond concerning a lawsuit to follow many to pervert [justice]. ב. לֹא
תִהְיֶה אַחֲרֵי רַבִּים לְרָעֹת וְלֹא תַעֲנֶה עַל רִב לִנְטֹת אַחֲרֵי רַבִּים לְהַטֹּת:
You shall not follow the majority for evil: There are [halachic]
interpretations for this verse given by the Sages of Israel, but the language
of the verse does not fit its context according to them. From here they [the
Sages] expounded that we may not decide unfavorably [for the defendant] by a
majority created by one judge. They interpreted the end of the verse: אַחִרֵי רַבִּים
לְהַטֹת, “after the majority to decide,” [to mean] that if those [judges]
voting [that the defendant is] guilty outnumber those voting [that the
defendant is] innocent by two, the verdict is to be decided unfavorably
according to their [the majority’s] opinion. The text speaks of capital cases
[i.e., in regard to the death penalty] (Sanh. 2a). [Note that in monetary
cases, the court requires a majority of only one judge in order to convict
someone.] The middle of the verse וְלֹא-תַעִנֶה עַל-רִב, they [the Rabbis]
interpreted like וְלֹא-תַעִנֶה עַל-רַב [and you shall not speak up against a
master], meaning that we may not differ with the greatest of the court.
Therefore, in capital cases they [the judges] commence [the roll call] from the
side, meaning that they first ask the smallest [least esteemed] of them to
express his opinion (Sanh. 32a). According to the words of our Sages, this is
the interpretation of the verse:
לא תהיה אחרי רבים לרעת: יש במקרא זה מדרשי חכמי ישראל, אבל אין לשון
המקרא מיושב בהן על אופניו. מכאן דרשו שאין מטין לחובה בהכרעת דיין אחד, וסוף המקרא
דרשו אחרי רבים להטות, שאם יש שנים במחייבין יותר על המזכין, הטה הדין על פיהם לחובה
ובדיני נפשות הכתוב מדבר, ואמצע המקרא דרשו ולא תענה על ריב, על רב, שאין חולקין על
מופלא שבבית דין, לפיכך מתחילין בדיני נפשות מן הצד, לקטנים שבהן שואלין תחלה, שיאמרו
את דעתם. לפי דברי רבותינו כך פתרון המקרא לא תהיה אחרי רבים לרעות לחייב מיתה בשביל
דיין אחד, שירבו המחייבין על המזכין ולא תענה על הרב לנטות מדבריו, ולפי שהוא חסר יו"ד
דרשו בו כן. אחרי רבים להטת ויש רבים שאתה נוטה אחריהם, ואימתי, בזמן שהן שנים המכריעין
במחייבין יותר מן המזכין, וממשמע שנאמר לא תהיה אחרי רבים לרעות שומע אני אבל היה עמהם
לטובה, מכאן אמרו דיני נפשות מטין על פי אחד לזכות ועל פי שנים לחובה. ואונקלוס תרגם
לא תתמנע מלאלפא מה דבעינך על דינא, ולשון העברי, לפי התרגום, כך הוא נדרש לא תענה
על ריב לנטת אם ישאלך דבר למשפט, לא תענה לנטות לצד אחד ולסלק עצמך מן הריב, אלא הוי
דן אותו לאמיתו. ואני אומר ליישבו על אופניו כפשוטו, כך פתרונו:
You shall not follow the majority for evil: to condemn [a
person] to death because of one judge, by whom those who declare [the
defendant] guilty outnumber those who declare [him] innocent.
לא תהיה אחרי רבים לרעת: אם ראית רשעים מטין משפט, לא תאמר הואיל ורבים
הם, הנני נוטה אחריהם:
And you shall not speak up against a master: to deviate from his
words. Because the “yud” [of רִיב, meaning quarrel] is missing, they
interpreted it (רִב) in this manner [i.e., like (רַב)].
ולא תענה על ריב לנטת וגו': ואם ישאל הנדון על אותו המשפט אל תעננו
על הריב דבר הנוטה אחרי אותן רבים להטות את המשפט מאמתו אלא אמור את המשפט כאשר הוא,
וקולר יהא תלוי בצואר הרבים:
After the majority to decide: [signifies that] there is,
however, a majority after whom you do decide [the verdict]. When? If those
[judges] who declare [the defendant] guilty outnumber by two those who declare
him innocent. And since it says: “You shall not follow the majority for evil,”
I deduce that you shall follow them [the majority] for good. From here they
[the Rabbis] deduced that in capital cases, we decide through [a majority of]
one for an acquittal and through [a majority of] two for a conviction. Onkelos
renders [this verse]: Do not refrain from teaching what appears to you
concerning a judgment. The Hebrew wording according to the Targum is
interpreted as follows: And you shall not respond concerning a quarrel by
turning away. If someone asks you something concerning the law, do not answer
by turning aside and distancing yourself from the quarrel, but judge it
honestly. I, however, say, [differing from the Rabbis and Onkelos] that it [the
verse] should be according to its context. This is its interpretation:
:
You shall not follow the majority for evil: If you see wicked
people perverting justice, do not say, “Since they are many, I will follow
them.”
:
and you shall not respond concerning a lawsuit to follow, etc.:
And if the litigant asks you about that [corrupted] judgment, do not answer him
concerning the lawsuit with an answer that follows those many to pervert the
judgment from its true ruling But tell the judgment as it is, and let the neck
iron hang on the neck of the many. [I.e., let the many bear the punishment for
their perversion of justice.]
:
3. Neither shall you glorify a poor man in his lawsuit. ג. וְדָל לֹא תֶהְדַּר בְּרִיבוֹ:
Neither shall you glorify: You shall not bestow honor upon him
[the destitute man] by deciding in his favor in his lawsuit, saying, “He is a
poor man; I will decide in his favor and honor him.”
לא תהדר: לא תחלוק לו כבוד לזכותו בדין ולומר דל הוא, אזכנו ואכבדנו:
4. If you come upon your enemy's bull or his stray donkey, you
shall surely return it to him. ד. כִּי תִפְגַּע שׁוֹר אֹיִבְךָ אוֹ חֲמֹרוֹ תֹּעֶה
הָשֵׁב תְּשִׁיבֶנּוּ לוֹ:
5. If you see your enemy's donkey lying under its burden would
you refrain from helping him? You shall surely help along with him. ה. כִּי
תִרְאֶה חֲמוֹר שׂנַאֲךָ רֹבֵץ תַּחַת מַשָּׂאוֹ וְחָדַלְתָּ מֵעֲזֹב לוֹ עָזֹב תַּעֲזֹב
עִמּוֹ:
If you see your enemy’s donkey: Heb. כִּי תִרְאֶה. [The word] כִּי
serves as an expression of “perhaps,” which is [one] of the four meanings for
which כִּי is used (R.H. 3a). This is its meaning: Will you perhaps see his
donkey lying under its burden… ? -
כי תראה חמור שונאך וגו': הרי כי משמש בלשון דלמא, שהוא מארבע לשונות
של שמושי כי וכה פתרונו שמא תראה חמורו רובץ תחת משאו:
would you refrain from helping him?: This is the interrogative.
וחדלת מעזב לו: בתמיה:
You shall surely help along with him: Heb. עָזֹב ךְתַּעִזֹב עִמוֹ.
This עִזִיבָה is an expression of help, and similarly, “restrained or assisted
(וְעָזוּב) ” (Deut. 32:36, I Kings 14:10), and similarly, “and they
strengthened (וַיַּעַזְבוּ) Jerusalem until the… wall” (Neh. 3:8), [which
means] they filled it with earth to strengthen and reinforce the strength of
the wall. Similarly, [following Rashi’s rendering that the word כִּי means
“perhaps,”] “Will you perhaps כִּי say in your heart, ‘These nations are more
numerous than I’” (Deut. 7:17) ? Will you perhaps say so? This is the
interrogative. [The verse thus tells you:] “Do not fear them.” Midrashically,
our Rabbis interpreted it [the verse] as follows: If you see…, you may refrain;
[meaning that] sometimes you may refrain [from helping someone], and sometimes
you must help. How so [can this be judged]? An elder who [finds it] beneath his
dignity [to unload a donkey]- “You may refrain” (Mechilta d’Rabbi Shimon ben
Yochai, Midrash Hagadol). Or if the animal belongs to a gentile and the burden
belongs to an Israelite, you may refrain. -[From Mechilta, B.M. 32b]
עזב תעזב עמו: עזיבה זו לשון עזרה, וכן (דברים לב לו) עצור ועזוב, וכן
(נחמיה ג ח) ויעזבו ירושלם עד החומה, מלאוה עפר לעזוב ולסייע את חוזק החומה. כיוצא
בו (דברים ז יז) כי תאמר בלבבך רבים הגוים האלה ממני וגו', שמא תאמר כן, בתמיה, לא
תירא מהם. ומדרשו, כך דרשו רבותינו כי תראה וחדלת פעמים שאתה חדל ופעמים שאתה עוזר.
הא כיצד, זקן ואינו לפי כבודו, וחדלת, או בהמת נכרי ומשאוי ישראל, וחדלת:
You shall surely help along with him: to unload the burden
(Mechilta, B.M. 32a). [Onkelos renders לוֹ מֵעִזֹב] מִלְמִשְׁקַל לֵה, from
taking the burden off it.
עזב תעזב עמו: לפרק המשא. מלמשקל ליה, מליטול משאוי ממנו:
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Tehillim Psalm Chapters 104-105
• Chapter 104
This psalm tells of the beauty of creation, describing that
which was created on each of the six days of creation. It proclaims the
awesomeness of God Who sustains it all-from the horns of the wild ox to the
eggs of the louse.
1. My soul, bless the Lord! Lord my God, You are greatly
exalted; You have garbed Yourself with majesty and splendor.
2. You enwrap [Yourself] with light as with a garment; You
spread the heavens as a curtain.
3. He roofs His heavens with water; He makes the clouds His
chariot, He moves [them] on the wings of the wind.
4. He makes the winds His messengers, the blazing fire His
servants.
5. He established the earth on its foundations, that it shall
never falter.
6. The depths covered it as a garment; the waters stood above
the mountains.
7. At Your exhortation they fled; at the sound of Your thunder
they rushed away.
8. They ascended mountains, they flowed down valleys, to the
place which You have assigned for them.
9. You set a boundary which they may not cross, so that they
should not return to engulf the earth.
10. He sends forth springs into streams; they flow between the
mountains.
11. They give drink to all the beasts of the field; the wild
animals quench their thirst.
12. The birds of the heavens dwell beside them; they raise their
voice from among the foliage.
13. He irrigates the mountains from His clouds above; the earth
is satiated from the fruit of Your works.
14. He makes grass grow for the cattle, and vegetation requiring
the labor of man to bring forth food from the earth;
15. and wine that gladdens man's heart, oil that makes the face
shine, and bread that sustains man's heart.
16. The trees of the Lord drink their fill, the cedars of
Lebanon which He planted,
17. wherein birds build their nests; the stork has her home in
the cypress.
18. The high mountains are for the wild goats; the rocks are a
refuge for the rabbits.
19. He made the moon to calculate the festivals; the sun knows
its time of setting.
20. You bring on darkness and it is night, when all the beasts
of the forest creep forth.
21. The young lions roar for prey, and seek their food from God.
22. When the sun rises, they return and lie down in their dens.
23. Then man goes out to his work, to his labor until evening.
24. How manifold are Your works, O Lord! You have made them all
with wisdom; the earth is full of Your possessions.
25. This sea, vast and wide, where there are countless creeping
creatures, living things small and great;
26. there ships travel, there is the Leviathan that You created
to frolic therein.
27. They all look expectantly to You to give them their food at
the proper time.
28. When You give it to them, they gather it; when You open Your
hand, they are satiated with goodness.
29. When You conceal Your countenance, they are terrified; when
You take back their spirit, they perish and return to their dust.
30. When You will send forth Your spirit they will be created
anew, and You will renew the face of the earth.
31. May the glory of the Lord be forever; may the Lord find
delight in His works.
32. He looks at the earth, and it trembles; He touches the
mountains, and they smoke.
33. I will sing to the Lord with my soul; I will chant praise to
my God with my [entire] being.
34. May my prayer be pleasant to Him; I will rejoice in the
Lord.
35. May sinners cease from the earth, and the wicked be no more.
Bless the Lord, O my soul! Praise the Lord!
Chapter 105
When David brought the Holy Ark up to the City of David, he
composed this psalm and sang it before the Ark. He recounts all the miracles
that God performed for the Jews in Egypt: sending before them Joseph, who was
imprisoned, only to be liberated by God, eventually attaining the status of one
who could imprison the princes of Egypt without consulting Pharaoh.
1. Offer praise to the Lord, proclaim His Name; make His deeds
known among the nations.
2. Sing to Him, chant praises to Him, speak of all His wonders.
3. Glory in His holy Name; may the heart of those who seek the
Lord rejoice.
4. Search for the Lord and His might; seek His countenance
always.
5. Remember the wonders that He has wrought, His miracles, and
the judgements of His mouth.
6. O descendants of Abraham His servant, children of Jacob, His
chosen ones:
7. He is the Lord our God; His judgements extend over the entire
earth.
8. He remembers His covenant forever, the word which He has
commanded to a thousand generations;
9. the covenant which He made with Abraham, and His oath to
Isaac.
10. He established it for Jacob as a statute, for Israel as an
everlasting covenant,
11. stating, "To you I shall give the land of
Canaan"-the portion of your inheritance,
12. when they were but few, very few, and strangers in it.
13. They wandered from nation to nation, from one kingdom to
another people.
14. He permitted no one to wrong them, and admonished kings for
their sake:
15. "Do not touch my anointed ones, and do not harm my
prophets.”
16. He called for a famine upon the land; he broke every source
of bread.
17. He sent a man before them; Joseph was sold as a slave.
18. They afflicted his foot with chains, his soul was put into
iron;
19. until the time that His words came, the decree of the Lord
purified him.
20. The king sent [word] and released him, the ruler of nations
set him free.
21. He appointed him master of his house and ruler of all his
possessions,
22. to imprison his princes at will, and to enlighten his
elders.
23. Thus Israel came to Egypt, and Jacob sojourned in the land
of Ham (Egypt).
24. He multiplied His nation greatly, and made it mightier than
its adversaries.
25. He turned their hearts to hate His nation, to conspire
against His servants.
26. He sent Moses, His servant; Aaron, whom He had chosen.
27. They placed among them the words of His signs, miracles in
the land of Ham.
28. He sent darkness and made it dark, and they did not defy His
word.
29. He transformed their waters to blood, and killed their fish.
30. Their land swarmed with frogs in the chambers of their
kings.
31. He spoke, and hordes of wild beasts came, and lice
throughout their borders.
32. He turned their rains to hail, flaming fire in their land;
33. it struck their vine and fig tree, it broke the trees of
their borders.
34. He spoke, and grasshoppers came, locusts without number;
35. and it consumed all grass in their land, it ate the fruit of
their soil.
36. Then He smote every firstborn in their land, the first of
all their potency.
37. And He took them out with silver and gold, and none among
His tribes stumbled.
38. Egypt rejoiced at their leaving, for the fear [of Israel]
had fallen upon them.
39. He spread out a cloud for shelter, and a fire to illuminate
the night.
40. [Israel] asked, and He brought quail, and with the bread of
heaven He satisfied them.
41. He opened a rock and waters flowed; they streamed through
dry places like a river,
42. for He remembered His holy word to Abraham His servant.
43. And He brought out His nation with joy, His chosen ones with
song.
44. He gave them the lands of nations, they inherited the toil
of peoples,
45. so that they might keep His statutes and observe His laws.
Praise the Lord!
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Today in Tanya: Likutei Amarim, middle of Chapter 23
• Wednesday, 21 Shevat 5774 – 22 January 2014
• Lessons in Tanya
• Likutei Amarim, middle of Chapter 23
The Alter Rebbe has thus far discussed two levels of union with
the Divine Will, one analogous to the chariot and its rider, and the second, to
the unity of body and soul. Both these levels of unity are achieved by
performing the mitzvot. He now goes on to describe a third and higher level of
unity, that is achieved through the study of the Torah.
אך המחשבה וההרהור בדברי תורה שבמוח, וכח הדבור בדברי תורה שבפה, שהם
לבושים הפנימים של נפש האלקית
But the thought and meditation on the words of Torah, which is
accomplished in the brain, and the power of speech engaged in the words of
Torah, which is in the mouth — these being the innermost garments of the divine
soul, and thus closer to the soul itself than the faculty of action, the
“external” garment,
וכל שכן נפש האלקית עצמה המלובשת בהם
and surely the divine soul itself which is clothed in them i.e.,
in the thought and speech engaged in Torah study,
כולם מיוחדים ממש ביחוד גמור ברצון העליון, ולא מרכבה לבד
all of them are fused in perfect unity with the Divine Will, and
are not merely a vehicle, a “chariot” for it1, as are the mouth and brain in
which the thought and speech of Torah study take place.
The term “perfect unity” indicates that the two become one and
the same; unlike, for example, the unity of body and soul, which retain their
separate identities even when they are joined together and form one unit. An
example of a “perfect” unity can be found in the unity of the soul with its
faculties, which are a part of it, and are thus completely united with it. In
the same way the divine soul and its faculties of speech and thought are united
with the Divine Will, when one thinks or speaks of matters of Torah.
The Alter Rebbe now goes on to explain how Torah study is able
to effect this level of unity.
כי רצון העליון הוא הוא הדבר הלכה עצמה שמהרהר ומדבר בה, שכל ההלכות
הן פרטי המשכות פנימיות רצון העליון עצמו
For the Divine Will is identical with the halachic subject of
which one thinks and speaks, inasmuch as all the laws of the Halachah are
particular expressions of the innermost Divine Will itself;
שכך עלה ברצונו יתברך, שדבר זה מותר או כשר, או פטור או זכאי, או להפך
for G‑d willed it
thus — that a particular thing be deemed permissible or kosher, or that this
person be found exempt and another innocent, or the reverse.
Since every halachah expresses the Divine Will, the unity which
the study of the Halachah effects between the soul and the Divine Will
surpasses even the unity of body and soul.
וכן כל צרופי אותיות תנ״ך הן המשכת רצונו וחכמתו המיוחדות באין סוף
ברוך הוא בתכלית היחוד, שהוא היודע והוא המדע כו’
Similarly, all the letter combinations of the Pentateuch, Prophets
and the Holy Writings (Ketuvim), are also expressions of G‑d’s Will and wisdom which are united with the blessed Ein Sof in
a perfect unity — since He is the Knower, the Knowledge, and the [subject]
Known.
Thus, when one studies the Torah, Prophets, and the Writings, he
becomes united with the Divine Will and wisdom, which are absolutely one with G‑d Himself.
* * *
The difference between the two levels of unity with G‑d achieved through Torah and mitzvot respectively, may be
clarified by the following analogy:
A king orders his servants to build a palace for him, and draws
up a detailed blueprint for it. When they carry out his wishes, they are united
with his desire as expressed in the palace. However, the palace walls
themselves do not represent the king’s will and wisdom. But the blueprint does,
and the architects who study it are actually involved in the study of the
king’s will and wisdom.
So too in our case. The actual performance of the mitzvot,
although dictated by G‑d’s Will, does
not actually constitute this Will. Not so the wisdom of Torah, which is itself
G‑d’s wisdom, and the halachic rulings are actually expressions of
His Will; and thus, when one speaks or thinks words of Torah, he attains the
greatest possible level of union with G‑d, Who is one
with His Will and wisdom.
וזהו שכתוב דאורייתא וקודשא בריך הוא כולא חד, ולא אברין דמלכא לחוד
כפיקודין
This is what is meant by the statement that “The Torah and G‑d are absolutely one” — they are not merely “organs” of the
King, as are the mitzvot.
For, as explained above, the unity of the mitzvot with G‑d is like that of body and soul, where two separate entities are
joined, whereas Torah is entirely one with G‑d.
FOOTNOTES
1. In saying "and
not merely a `chariot' for it," the Alter Rebbe contrasts the thought and
the power of speech engaged in Torah with the brain and mouth which do the
thinking and speaking. The latter become (merely) a "chariot" for
G-d's Will, while the former are "fused in perfect unity" with it. If
we were to contrast the faculty of speech engaged in Torah study with that same
faculty as it engages in observing a mitzvah (reciting the grace after meals,
for example), we would say that in the act of Torah study the faculty of speech
is fused in perfect unity with the Divine Will; it is not merely as an organ of
the body is to the soul in relation to this Will, as the Alter Rebbe indeed
states shortly. ( - Based on a comment by the Rebbe.)
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Rambam:
• Daily Mitzvah Sefer Hamitzvos:
N10, N47, N60, N6, N5, N2, N3, N4, N15, P186, N23, N24
Negative Commandment 10
Studying Foreign Theologies
"Do not turn to the idols"—Leviticus 19:4.
We are forbidden to study or even dabble in idolatrous
teachings. Such activity can lead an individual without sufficient intelligence
or knowledge to stray after these false teachings. Furthermore, it is forbidden
to even gaze at an idol or idolatrous icon.
The 10th prohibition is that we are forbidden from investigating
idolatry and looking into its contest, i.e. researching and studying the
fantasies and foolishness that its founders claim, [for example,] "This
spiritual force can be brought down in this way, and then you must do this;
this star you must offer incense to, stand before it in this way, and then do
this," and so on. Thinking into these matters and investigating these
fantasies can cause a foolish person to pursue them and worship them.
The verse which contains this prohibition is G‑d's statement,1 "Do not turn away to false gods." In the
words of the Sifra, "If you turn after them, you are making them into
gods." There it is written, "Rabbi Yehuda says, 'You must not turn to
them [even] to look at them.'" This means that it is prohibited even to
gaze at the image's external appearance or to think about how it was made, in
order to not spend even a moment of time on them.
In the [Talmudic] chapter "Sho'el adam mei'chavero"2
it is written, "One who walks under an image or statue may not read [their
caption] on Shabbat. One may not look at the statue itself even during the
week, as the verse says,3 'Do not turn away to false gods.' What does this
verse imply? Rabbi Yochanan says [the same words can be read to mean,] 'do not
turn away G‑d from your
minds.'"4
This same prohibition — to think about idolatry — is repeated in
G‑d's statement,5 "Be careful that your heart not be lured
away, and you turn astray and worship [them]." This means that if your
heart is lured away to think about them, this will cause you to turn away from
the straightforward path and become involved in worship. This same concept is
repeated,6 "[Be very careful…] lest you raise your eyes to the sky, and
see the sun, moon...[and worship them]."This does not prohibit one from
lifting up one's head and looking at them with one's eye; rather, it prohibits
from pondering in one's mind7 what powers are attributed to them by those who
worship them. The same is found in G‑d's
statement,8 "[Be careful] lest you try to find out about their gods saying,
'Now, how do these nations worship their gods?'" Even if one does not
worship them, it is prohibited to inquire about the nature of their worship
since it can cause one to err after them.
You should be aware that one who transgresses this prohibition
is punished by lashes.9 It10 has already been explained at the end of the first
chapter of Eruvin11 that one is punished by lashes for violating the Biblical
prohibition of going beyond the Shabbat limit.12 The Sages prove this by
quoting G‑d's
statement,13 "A person may not ["al"] leave his place." The
Talmud then asks how it is possible to punish with lashes when the prohibition
is stated with the word, "al" instead of the word, "lo"
["do not"]. It then answers with the [rhetorical] question, if there
are no lashes whenever the word, "al," is used, are there no lashes
for the prohibition,14 "Do not ["al"] turn away to false
gods?!" This discussion implies that one does receive lashes for this
prohibition.
FOOTNOTES
1. Lev. 19:4.
2. Shabbos 149a.
3. Lev. 19:4.
4. The word, "to,'
in Hebrew ("el"), can also be read as one of G‑d's names. Accordingly the phrase, "Do not turn away
to," (in Hebrew, "al tifnu el") can be read, "Do not turn
away G‑d" ("al tifanu E‑l").
(Kapach, 5731, note 58 from Moreh N'vuchim 3:51.)
5. Deut. 11:16.
6. Deut. 4:15,19.
7. Literally, « gazing
with your heart's eye. »
8. Deut. 12:30.
9. If an action is
performed (Hilchos Avodah Zarah 2:2-3). It is apparent that even taking a book
to read would also be considered to be an action according to the Rambam (see
Kapach, 5731, note 65).
10. The regular way for
the Torah to state a prohibition is to use the Hebrew word, "lo"
(which means, "do not"). In some prohibitions, such as this one, the
Torah uses the Hebrew word, "al" (which also means, "do
not"). The Rambam now proves that even when the word, "al" is
used, the prohibition is still punishable by lashes, and therefore is counted
among the 613 commandments.
11. 17b.
12. See N321.
13. Exodus 16:29.
14. Lev.19:4. Kapach, 5731
(note 64) points out that our version of the Talmud presents a different
prohibition, namely Lev. 19:31 (N8, N9). See Zohar HaRakiah, Yad HaLevi.
Negative Commandment 47
Straying After Incorrect Beliefs and Illicit Pleasures
"And that you stray not after your heart and
eyes"—Numbers 15:39.
We are to keep our eyes and hearts in check, never succumbing to
the allure of beliefs and urges antithetical to Torah values. We are obligated
to maintain control over our thoughts—not to allow our hearts to lead us to
heretical beliefs, nor our eyes to lead us to indulge in thoughts about illicit
pleasures.
The 47th prohibition is that we are forbidden from entertaining
any thoughts1which could lead one to accept
ideas contrary to those of the Torah. Rather, we must control our thoughts and
establish limits to what is acceptable, i.e. the commandments of the Torah and
its prohibitions.2
The source of this commandment is G‑d's
statement (exalted be He),3 "Do not turn after your heart and
after your eyes."
In the words of the Sifri, "The phrase, 'do not turn after
your heart,' refers to heresy, as in the verse,4 'I find more bitter than death [the
woman5 whose heart is traps].' The phrase,
'and after your eyes,' refers to immoral behavior, as in the verse6 'And Shimshon said to his father [take her for me,
for she is fitting in my eyes7].'" The word z'nus [translated above as,
"immoral behavior"] includes pursuing physical pleasures and desires,
and constantly thinking about them.
FOOTNOTES
1.See Kapach, 5731, note 48)
2."Any thought that might cause one to reject one of the
fundamental principles of the Torah — we are prohibited from allowing it to
enter our mind. We may not direct our minds towards such thoughts, and not to
think about them and be drawn after thoughts which enter our minds. For the
human mind is limited, and not everyone is capable of grasping the truth
clearly … the universe could be destroyed because of the limitations of human
intellect." (Hilchos Avodah Zarah 2:3)
3.Num.15:39.
4.Eccles. 7 :26.
5.Rashi explains that the verse refers to the temptations of
heresy.
6.Judges.14:3.
7.Shimshon had asked his parents to arrange for him to marry a
certain Philistine girl. His parents objected, saying he should take a wife
from among the Jewish people. Shimshon answered them in this verse. The Sifri
finds the usage of the phrase, "in my eyes," as support that the
"after your eyes," in our verse refers to immorality.
Negative Commandment 60
Cursing G‑d
"Do not curse G‑d"—Exodus
22:27.
We are forbidden to curse G‑d. This
prohibition applies whether using one of G‑d's holy
names, or even if referring to Him through other monikers.
The 60th prohibition is that we are forbidden from cursing G‑d's great Name (may He be exalted much, much higher than what
the fools1 say). This prohibition is euphemistically called, "blessing the
Name."
Scripture explicitly states that the punishment for
transgressing this prohibition is death by stoning, in G‑d's statement,2 "Anyone who curses G‑d's Name shall be put to death. The entire community shall stone
him." However, there is no verse which states this particular prohibition
alone.3 The prohibition which includes this, as well as other acts,4 is G‑d's statement (exalted be He)5 "Do not curse Elokim."
In the words of the Mechilta, "The verse, 'Anyone who
curses G‑d's Name shall
be put to death,' prescribes the punishment, but not the prohibition itself.
[This we learn from what] the Torah says,6 "Do not curse Elokim." The
Sifra says, "[For cursing] the Unique Name7 of G‑d one is punished by death. [Cursing] other8 Names of G‑d is a regular prohibition." The Mechilta also says,
"The verse, 'Do not curse Elokim,' serves as the prohibition for cursing G‑d's Name."
The details of this mitzvah have been explained in the seventh
chapter of Sanhedrin.
You9 must know that this type of prohibition — which consists of
two or three different subjects10 — is not in the category of a "general
prohibition." This is because Scripture explains the punishment for each
one separately, thereby telling us absolutely that each one is a prohibition
and counts as a separate Negative Commandment, as we explained in the
Introduction.11 Since the rule is that whenever Scripture indicates a punishment,
there must be another source indicating the actual prohibition, we must search
for it. Sometimes it is derived from one of the rules of Torah derivation, and
sometimes it is included in another prohibition, as we explained in the
Introduction.12
A prohibition is considered to be "general" only when
there is no previous indication whatsoever that this act is prohibited aside
from that [general] prohibition, as we explained in the Ninth Introductory
Principle. If, however, we know that this act is prohibited from G‑d's statement that, "One who does this particular action
shall be punished in this particular way," it doesn't matter whether the
actual prohibition is stated explicitly or [only] derived; or if it is stated
separately or included.13 You must understand this well, because you will find
its application in many commandments.
FOOTNOTES
1. Or, "the
heretics." (Kapach, 5731, note 8*)
2. Lev.24:16.
3. As the Rambam has
mentioned many times, a prohibition normally has one verse which states that
the act is prohibited, and another verse which states the punishment. In this
case, there is a verse indicating the punishment; but there is no verse which
serves as the actual prohibition for this commandment alone.
4. Namely, the
prohibition of cursing a judge (N315). The Hebrew word Elokim is used both as
one of the Names of G‑d, and to
refer to judges.
5. Exodus 22:27.
6. Ibid.
7. I.e. the
Tetragrammaton, the four-letter Name of G‑d. In his
legal code (Hilchos Avodah Zarah 2:7), the Rambam rules that the same punishment
applies if a person curses the Name spelled "alef-dalet-nun-yud."
8. In Hilchos Sanhedrin
(26:3), the Rambam includes other Names of G‑d — whether in
Hebrew or in other languages — as well as descriptive Names such as "the
Merciful One."
9. The Rambam now deals
with the fact that the same verse is being used for two separate prohibitions.
This would seem to put it in the category of a "general prohibition"
(lav she'bi'klalot), which is not counted among the 613 commandments, as set
forth in the Ninth Introductory Principle.
10. In this case, G‑d's Name and judges.
11. After the Fourteenth
Introductory Principle.
12. Ibid.
13. With another
prohibition, by virtue of both prohibitions deriving from one verse, as in our
case.
Negative Commandment 6
Unique Modes of Idol Worship
"Do not worship them"—Exodus 20:5.
We are forbidden to worship an idol employing any practice
unique to that idol. For example, in ancient times there was an idol called
Markulis. Its worship called for casting a rock in its direction. Throwing a
rock at Markulis would be a violation of this prohibition—while throwing a rock
at any other idol would not.
(This is in addition to specific modes of idol worship that are
forbidden whether or not they are part of the protocol prescribed for that
deity. See Negative Mitzvah 5 for more on this topic.)
The 6th prohibition is that we are forbidden from serving an
idol even in a manner other than one of the four types of service which we have
mentioned.1 This is upon condition that it is served k'darkah, i.e. in the way
this idol is customarily served — such as excreting to [the idol] P'or,2 or
throwing a stone at Merkulis.3
The source of this commandment is G‑d's statement (exalted be He),4 "[Do not bow down to them]
or serve them."
In the words of the Mechilta, "[The two phrases,]5 'Do not
bow down to them or serve them,' constitute two separate prohibitions: to serve
is one and to bow down is another."6
Therefore, one who threw a stone at P'or or excreted to Merkulis
does not transgress [this prohibition] since it is not the customary manner of
service, and G‑d Al‑mighty (exalted be He) stated,7 "[Be careful lest you try
to find out about their gods saying,] 'Now, how8 do these nations worship their
gods? I would also like to try [such practices].'"
One who transgresses this prohibition intentionally is punished
by death by stoning or kares,9 and if unintentionally, he must bring a
sacrifice.10
The details of this mitzvah have also11 been explained in the
seventh chapter of Sanhedrin.12
There it is it asked why the punishment of kares is mentioned
three times in reference to idolatry, and the answer is given: one is for
serving k'darkah [in the customary manner], one is for serving lo k'darkah [in
an uncustomary way], and one is for serving the idol Molech.13 This means to
say that anyone who serves any idol in any manner is punished by kares if it is
served k'darkah, i.e. in the customary manner, such as excreting to P'or,
throwing a stone at Merkulis, or cutting one's hair to K'mosh.14 Similarly,
anyone who serves any idol in one of the four types of service [mentioned in
N5] is punished by kares, even if the idol is not customarily served in that
manner, such as bringing a sacrifice to P'or or bowing down to Merkulis. This
is called lo k'darkah. The third case of kares is one who passes [some of his
children] over the fire to Molech, as we will explain.15
FOOTNOTES
1. In N5, i.e. bowing
down, slaughtering, burning incense and pouring a wine libation
2. The Moabite idol (see
Numbers 25:3).
3. A Roman idol.
4. Exodus 20:5..
5. Ibid.
6. The wording of the
Mechilta proves that N5 and N6 are counted as two separate commandments.
7. Deut. 12:30.
8. This verse shows the
difference between serving an idol in the customary manner or not. See Hilchos
Avodah Zarah 3:2, that in order to be able to recognize the distinction, the
Jewish court had to know the manner in which the idol is customarily served.
9. If the court did not
execute him.
10. I.e. a sin offering.
11. As with N5.
12. 64b.
13. See N7.
14. The Ammonite idol (see
Kings I 11:7).
15. In N7.
Negative Commandment 5
Idol Worship
"Do not bow down to them"—Exodus 20:5.
It is forbidden to worship any deity other than the One G‑d in any of the following manners: 1) Bowing. 2) Slaughtering a
sacrifice. 3) Pouring a libation. 4) Burning a sacrifice on an altar. These
prohibitions apply even if these acts are not the accepted way of worshipping
that particular deity.
Aside for these four actions, it is also forbidden to verbally
declare belief in a deity other than G‑d.
The 5th prohibition is that we are forbidden from bowing down to
an idol. Our usage of the term, "idol," of course includes serving
anything other than G‑d.
The source of this commandment is G‑d's statement (exalted be He),1 "Do not bow down to them or
serve them."2 [The phrase] "do not bow down to them," does not
mean that only bowing down is prohibited, and nothing else. Rather, just one of
the customary types of worship — namely, bowing down — is mentioned, and the
same applies to bringing an offering or incense. One who transgresses any of
these by bowing down, bringing a sacrifice, a wine libation, or incense is put
to death by stoning.
In the words of the Mechilta, "The verse,3 'Whoever
sacrifices to any deity [other than G‑d alone] must
be condemned to death,' teaches us the punishment but not the prohibition
itself. The Torah therefore says,4 'Do not bow down to their gods or serve
them.' Sacrifices are already included [in the more general phrase, 'serve
them.' Why is it singled out?] It is singled out to teach us that just as
sacrificing is one of the ways of serving G‑d, and one is
guilty whether this is the customary way of serving [the idol] or not; so too
any similar type of service of G‑d, one is
guilty whether it is a customary way or serving [the idol] or not."
The explanation of this is that there are four ways in which we
are required to serve the exalted G‑d — i.e.
bowing down, slaughtering, burning incense and pouring a wine libation. Anyone
who serves an idol in one of [these four ways] is punished with death by
stoning, even if that idol is not customarily served in one of these ways.5
This is called, lo k'darkah ["not in its way"], i.e. even though one
did not serve the idol in a way in which it is customarily served, since one
served in one of these [four] ways, he is punished by stoning if he did so
intentionally, and kares if [the court6] was unaware or he wasn't punished.7 If
he did so unintentionally, he must bring a sin offering. One who accepts
anything as a god8 is also guilty.9
This prohibition — against performing one of these four types of
service even if it is not the customary manner — has been repeated in G‑d's statement (exalted be He),10 "The Israelites shall no
longer sacrifice to the s'irim." In the words of the Sifra, "The term
s'irim refers to demons." Tractate Zevachim11 explains that this
prohibition refers to one who slaughters [an animal] to an idol, even if the
idol is not customarily served by slaughtering. Our Sages said, "What is
the source of the law that one who slaughters an animal to Merkulis12 is
guilty? From the verse,13 'The Israelites shall no longer sacrifice to the
s'irim.' If this verse is not needed to teach us the prohibition of serving the
idol in the customary fashion — [because we already know this] from the
verse,14 'Now how did these nations worship their gods?' — it must teach us
about serving it in a way which is not customary.15"
One who transgresses this prohibition intentionally is punished
by kares or death by stoning, as we have explained; if he did so
unintentionally, he must bring a sacrifice.16 In the words of
Scripture,17"Whoever sacrifices to any deity [other than G‑d alone] must be condemned to death."
The details of this mitzvah have been explained in the seventh
chapter of Sanhedrin.18
FOOTNOTES
1. Exodus 20:5.
2. This verse actually
contains two commandments: "Do not bow down to them" is this
commandment, and "[do not] worship them," is N6.
3. Exodus 22:19.
4. Exodus 23:24. As
Kapach (note 16*) points out, our text of the Mechilta quotes Ex. 20:5, the
same verse quoted earlier in this commandment.
5. The idol
"Merkulis," for example, was customarily served by throwing rocks at
it. If one slaughtered a sacrifice to serve Merkulis, he transgresses this
prohibition. If he threw rocks at it, however, he would transgress N6.
6. Kapach, 5731, note 19.
7. Due to the testimony
being unacceptable, for example.
8. Even if he lifts up a
brick and says, "You are my god." (Hilchos Avodah Zarah, 3:4)
9. Kapach, 5731, (note
21) points out that the Rambam writes the case where the person verbally
accepts a god after mentioning the sin offering, because although he is
punished by stoning if he acted with intention, he does not bring a sin
offering if he acted unintentionally. In Hilchos Avodah Zarah (3:4), the Rambam
indeed mentions only stoning. Kapach suggests that the reason for this is
because a sin offering is brought only when an action was done; speech is
insufficient.
10. Lev.17:7.
11. 106a.
12. Which is customarily
served by throwing rocks at it.
13. Lev.17:7.
14. Deut. 12:30.
15. I.e. it was not
customary to bring sacrifices to the 's'irim' referred to in the verse.
16. I.e. a sin offering,
as mentioned above.
17. Exodus 22:19.
18. 60b.
Negative Commandment 2
Manufacturing Idols
"Do not make any carved idols for yourself"—Exodus
20:4.
It is forbidden to make, or to commission the making of, a
graven image for the sake of worshipping it.
The 2nd prohibition is that we are forbidden from making statues
for worship, regardless of whether they are made by the person himself or he
asks someone else to make them for him.
The source of this commandment is G‑d's statement (exalted be He),1 "Do not make for yourselves
any statue or image."
One who transgresses this prohibition, i.e. who makes an idol or
asks someone else to make an idol for him is punished with lashes, even if he
did not serve it.
FOOTNOTES
1. Exodus 20:4. Deut.
5:8.
Negative Commandment 3
Making Idols for Others
"Do not make gods out of metal for
yourselves"—Leviticus 19:4.
It is forbidden to create a graven image for another, even for a
non-Jew.
The 3rd prohibition is that we are forbidden from making an
idol, even for others to serve, and even at the request of a non-Jew.
The source of this commandment is G‑d's statement (exalted be He),1 "And do not make gods for
yourselves."
In the words of the Sifra, "[The verse,2] 'And do not make
gods,' means that you may not even make them for others." [In Sifra] our
Sages said, "One who makes an idol for himself transgresses two
prohibitions," i.e. the prohibition of making an idol with his own hand,
even for others, as explained in this Third prohibition; and also the
prohibition of acquiring an idol and having it made with his permission — even
if someone else made it for him — as we explained previously in the Second
prohibition. Therefore he is punished with two sets of lashes.3
The details of this mitzvah, as well as the previous one, have
been explained in tractate Avodah Zarah.
FOOTNOTES
1. Lev.19:4.
2. Ibid.
3. From this we see that
the two prohibitions count separately.
Negative Commandment 4
Ornamental Statuettes
"Do not make with Me gods of silver or gold; you shall not make
for yourselves"—Exodus 20:20.
We are not allowed to create the graven image of a human being,
even if only for ornamental or decorative purposes.
The 4th prohibition is that we are forbidden from making an
image of a human being from metal, stone, wood or anything similar,1 even
though it was not made in order to be worshipped.2 The reason for this is to
keep us from making any images whatsoever, so that we should not entertain the
false belief held by the masses — i.e. the idol worshippers — that these images
have supernatural powers.
The source of this commandment is G‑d's statement (exalted be He),3 "Do not make a
representation of anything that is with me. Do not make for yourselves silver
or gold gods."
The Mechilta explains the prohibition conveyed in the verse,
"Do not make for yourselves silver or gold gods," as follows: "A
person may not say, 'I will make them for ornamentation, as others do in their
lands.' The Torah therefore says, 'Do not make for yourselves.'"
One who transgresses this prohibition is punished by lashes.
The details of this mitzvah — which images are permissible to
create and which are forbidden,4 and in which manner5 — are explained in the
third chapter of Avodah Zarah.
It is explained in Sanhedrin6 that this prohibition, "Do
not make a representation of anything is with me. [Do not make for yourselves]
silver gods [or gold gods]," includes other matters as well,7 but the
literal meaning of the verse is as we have explained, from the Mechilta.
FOOTNOTES
1. I.e. any
three-dimensional material. If it is merely painting on a surface, however, it
is permitted (Hilchos Avodah Zarah, 3:10).
2. Rather, even to make
it for beauty or ornamentation is prohibited.
3. Exodus 20:20..
4. The Rambam rules
(Hilchos Avodah Zarah, 3:10-11) that images of human beings, angels, the sun,
moon, etc. are prohibited, but trees, birds, etc. are permitted.
5. I.e. three-dimensional
or two-dimensional.
6. 7b.
7. The Talmud explains
why the verse singles out gods of silver and gold — aren't wooden gods also
prohibited?! It answers that the expression," gods of silver," can also
be explained, "judges of silver," i.e. judges who got their position
through bribery.
Negative Commandment 15
Inciting a Group to Idol Worship
"Neither let [idolatry] be heard from your
mouth"—Exodus 23:13.
It is forbidden to incite a populace to idolatry.
The 15th prohibition is that we are forbidden from leading
people to idolatry by speaking to them and encouraging them to serve an idol —
even if the person himself did not serve the idol or do anything other than
leading [others] to it. If he misleads the many people1 he is called a
madi'ach.
The source of this prohibition is G‑d's statement (exalted be He),2 "Wicked men among you have
lead the city's inhabitants astray saying ['Let us go and serve false
gods.']" If he leads an individual person astray, then he is termed a
meisis,3 the source being G‑d's statement
(exalted be He),4 "If your maternal brother tries to lead you astray
[…secretly, saying, 'Let us go and serve false gods…']."
But in this prohibition we are speaking exclusively about a
madi'ach, and the source of this commandment is G‑d's statement
(exalted be He),5 "[You may not mention the name of a false gods;]You must
not let it be heard through your mouth."
Our Sages said in tractate Sanhedrin,6 "The verse, 'You
must not let it be heard through your mouth,' is the prohibition of meisis.7
[The Talmud then challenges,] But the prohibition of meisis is already written
explicitly: '[If your maternal brother tries to lead you astray…secretly,
saying, 'Let us go and serve false gods…You shall put him to death…] and they
will no longer do [this wicked act in your midst]'! Rather, the verse ['You
must not let it be heard through your mouth'] is the prohibition of
madi'ach." The Mechilta of Rabbi Yishmael similarly says, "The verse,
'You must not let it be heard through your mouth,' is the prohibition of
madi'ach."
One who transgresses this prohibition is punished to death by
stoning. In the words of tractate Sanhedrin,8 "Those who lead a city to
idolatry9 are punished by stoning.
The details of this mitzvah have been explained in the tenth
chapter of Sanhedrin.10
FOOTNOTES
1. I.e. the majority of
the city (Hilchos Avodah Zarah 5:2)
2. Deut. 13:14.
3. See N16.
4. Deut. 13:7.
5. Exodus 23:13.
6. 63b.
7. Our text of the Talmud
reads, "meisis and madi'ach."
8. Chapter 7, Mishnah 4.
9. The city is called an
"ir ha'nidachas."
10. 111a.
Positive Commandment 186
City of Idol Worshipers
"And burn the city with fire"—Deuteronomy 13:17.
If the citizenry of a city has been influenced to worship idols,
we are commanded to destroy the city, kill its inhabitants, and burn all its
property.
The 186th mitzvah is that we are commanded to execute every last
inhabitant of a city which has been led to worship idols,1 and to burn the city
and everything in it. This is the law of an "ir ha'nidachas."
The source of this commandment is G‑d's statement (exalted be He),2 "And you shall burn the
city along with all its goods with fire."
The details of this mitzvah have been explained in tractate
Sanhedrin.3
FOOTNOTES
1.This applies when all of the inhabitants have served idolatry.
If only the majority (not everyone) in the city worshipped idols, the city is
still ruled to be an "ir ha'nidachas," but only those who
transgressed and their families are executed (Hilchos Avodah Zarah 4:6).
2.Deut. 13:17.
3.111b.
Negative Commandment 23
Rebuilding the "Apostate City"
"It shall remain a ruin forever; it shall never be
rebuilt"—Deuteronomy 13:17.
A city that has been destroyed because its citizens were
persuaded to worship idols (see Positive Commandment 186) may never be rebuilt.
The 23rd prohibition is that we are forbidden from rebuilding an
ir ha'nidachas.1
The source of this commandment is G‑d's statement (exalted be He),2 "[The city] shall then
remain an eternal ruin; do not ever have it rebuilt."
Anyone who builds any part of it, i.e. [helps] make it into the
same city it was before,3 is punished by lashes.
The details of this mitzvah have been explained in the tenth
chapter of Sanhedrin.
FOOTNOTES
1.See P186 above.
2.Deut. 13:17.
3.In Sanhedrin 111a, there is a disagreement regarding
rebuilding this city. Rabbi Yossi Ha'Glili holds that you may not even build
gardens and orchards there. Rabbi Akiva holds that it is only prohibited to
bring the city back to its previous state. The Rambam (Hilchos Avodah Zarah
4:8) rules like Rabbi Akiva. There is some controversy, however, as to what the
Rambam (and Rabbi Akiva) would say regarding one who builds a few houses (not
just gardens and orchards), but does not bring the city back to its original
state.
Kapach, 5731, (note 17) insists that one receives lashes only by
completely rebuilding the city, and points out that the previous printing of
his translation was faulty (see Translator's Introduction). According to this,
the phrase, "Anyone who builds any part of it" (v'chol ha'boneh
mimenah davar), must refer to anyone who participates in rebuilding it to its
former state. If the city is only partially rebuilt, however, lashes are not
given.
Negative Commandment 24
Benefiting from the "Apostate City"
"Let nothing that has been condemned to destruction remain
in your hand"—Deuteronomy 13:18.
Everything contained within the "Apostate City" (see
Positive Commandment 186) must be burned. It is forbidden to use, or derive any
benefit from, any object from such a city.
The 24th prohibition is that we are forbidden from gaining
benefit or having in our possession anything from an ir ha'nidachas.1
The source of this commandment is G‑d's statement (exalted be He),2 "Do not allow anything that
has been declared taboo to remain in your hands."
Whoever takes3 even the tiniest amount is punished by lashes.
The details of this mitzvah have been explained in the tenth chapter
of Sanhedrin.4
FOOTNOTES
1.See P186 above.
2.Ibid.
3.And gains benefit from (Hilchos Avodah Zarah 4:7).
4.111a.
-------
Rambam:
• 1 Chapter: Kelim Chapter 6
Chapter 6
Halacha 1
Whenever a k'li contracted impurity and, after it
contracted impurity, it was broken to the point that its form was ruined and it
could no longer serve the purpose for which it was made, it regains purity by
being broken. Similarly, whenkeilim that
were pure are broken, their broken pieces are not susceptible to ritual impurity.
Halacha 2
To what extent must a wooden or bone k'li be broken before it regains ritual
purity? All keilim belonging to ordinary, private persons
are pure when they are broken to the extent that they cannot contain a
pomegranate.
What is implied? If a container was perforated to the extent
that a pomegranate would fall through, it is pure. The pomegranate about which
we are speaking is one of intermediate size, one that an onlooker would neither
consider large or small and we are speaking about an instance where there are
three pomegranates in a container, one touching the other.
If a k'li that had contracted impurity became
perforated to the extent that an olive would fall from it, the owner patched
it, it then was perforated again in a different place to the extent that an
olive would fall from it, the owner patched it, and this pattern continued
until the hole is large enough that a pomegranate would fall from it, even
though it is patched entirely, it is pure, because it is a new entity.
Halacha 3
When keilim were originally made in a manner that
pomegranates would fall from them, e.g., a basket and a rope-net carrier
borne by camels and trellises, for vines are
susceptible to ritual impurity unless their greater portion is torn.
borne by camels and trellises, for vines are
susceptible to ritual impurity unless their greater portion is torn.
Halacha 4
Even though rods were attached to trellises above them and below
them to reinforce them, the trellises are pure. If a frame of any size was made
for them, even if the entire trellis has holes large enough for pomegranates to
fall through, it is susceptible to ritual impurity.
Halacha 5
The size of a hole that renders as pure all vessels that cannot
contain pomegranates, e.g., a container of a fourth of a kab, half a fourth of a kab, and wicker servers, is one
sufficient for olives to fall through. Although their borders have been ruined,
if there remains enough of the vessel to contain even the slightest amount, it
is impure.
Halacha 6
Breadbaskets are rendered as pure if they possess a hole large
enough for a loaf of bread to fall through.
Halacha 7
Gardeners' bushels are rendered as pure if they possess a hole
large enough for a bundle of vegetables to fall through. Bushels of homeowners are
rendered as pure when they possess a hole large enough for a bundle of straw to
fall through. Those used by bathhouse attendants are rendered as pure when they
possess a hole large enough for stubble to fall through.
Halacha 8
A chest for bowls that cannot hold bowls is nevertheless
susceptible to ritual impurity, because it can hold pots. Similarly, even if a
chamber pot cannot contain liquids, since it can contain feces, it is
susceptible to impurity.
Halacha 9
Any wooden container that is divided in two is pure even though
its walls could serve as a container, as a frying pan does, with the exception
of wooden utensils that half or a portion of them is considered as an
independent utensil from its fashioning at the outset. Examples of the latter
include a double table that at the outset was made in two parts and it is
folded over and extended, a pot with compartments for different types of food
which includes many bowls, each of its compartments having complete bowls, a
double bench, and the like.
Similarly, when one of the holders in a wooden case for bottles
or cups was ruined, the one that is ruined is pure and is not considered as
joined to the other holders. If a second one is ruined, it is pure and is not
considered as joined to the case. If all three are ruined, they are pure.
Similar laws apply in situations involving comparable types of keilim.
Halacha 10
When the center of a wicker crate used to spread fertilizer is
upraised and its sides are lower, it is still susceptible to impurity if one side
is ruined, because it can still contain fertilizer from the other side. If the
other side is also ruined, it is pure.
When part of a table or a counter for drinks is ruined, it is
still susceptible to impurity until it was divided and separated into its
component parts entirely. If one of its legs was removed, it is pure. This
ruling also applies if the second was removed. If the third was also removed
and one had the intent to eat on this table or counter like one eats on a
serving board, it is susceptible to impurity. If not, it is pure.
Halacha 11
Wicker utensils whose borders have fallen off are pure. If even
the slightest bit of the seal around their border remains, they are susceptible
to impurity.
Halacha 12
When a serving board was filled with pieces of wood that were
attached to it, it is pure. If it is covered with boards, it is susceptible to
impurity.
Halacha 13
When a bench falls apart, it is pure. If one tied it together
with straps or ropes, it is susceptible to impurity.
Halacha 14
A camel's saddle-baskets that were released are pure. If the
driver returned and tied them, they are susceptible to impurity. Thus they can
become susceptible to impurity and then released from impurity even ten times a
day.
Halacha 15
When a table or a counter for drinks were covered with marble,
but the place where cups are placed was left uncovered, it is susceptible to
ritual impurity. If one covered the entire surface, it is pure. This ruling
applies whether the coating is permanently affixed or not, whether it covers
its frame or not, whether the table was made from valuable wood like boxwood or
the like or from other wood, since it was covered, it is pure, as we explained.
-------
Rambam:
• 3 Chapters: Avodah Kochavim Chapter One, Avodah Kochavim
Chapter Two, Avodah Kochavim Chapter Three
Chapter One
Hilchot Avodas Kochavim ViChukoseihem
The Laws of The Worship Of Stars And Their Statutes
The Laws of The Worship Of Stars And Their Statutes
They contain 51 mitzvot: two positive commandments and 49
negative commandments. They are:
1. Not to show interest in the worship of false gods;
2. Not to stray after the thoughts of one's heart or the sights one's eyes behold;
3. Not to curse [God];
4. Not to worship [false gods] with the types of service with which they are customarily served;
5. Not to bow down to [false gods];
6. Not to make an idol for oneself;
7. Not to make an idol even for others;
8. Not to make images even for decoration;
9. Not to persuade others to [worship false gods];
10. To burn an apostate city;
11. Never to rebuild it;
12. Not to derive benefit from any of its property;
13. Not to persuade a single individual to worship [false gods];
14. Not to love a mesit
15. Not to reduce one's hatred for him;
16. Not to save his life;
17. Not to advance any arguments on his behalf;
18. Not to withhold information that will lead to his conviction;
19. Not to prophesy in the name of [false gods];
20. Not to listen to anyone who prophesies in the name of [false gods];
21. Not to give false prophecy even in the name of God;
22. Not to fear executing a false prophet;
23. Not to swear in the name of a false god;
24. Not to perform the deeds associated with an ov
25. Not to perform the deeds associated with a yid'oni
26. Not to offer to Molech
27. Not to erect a pillar [for purposes of worship];
28. Not to prostrate oneself on hewn stones;
29. Not to plant an asherah
30. To destroy false gods and all their objects of worship;
31. Not to benefit from false gods and all their objects of worship;
32. Not to benefit from ornaments that have adorned false gods;
33. Not to establish a covenant with nations who worship false gods;
34. Not to show them favor;
35. Not to allow them to settle in our land;
36. Not to follow their customs or manner of dress;
37. Not to act as a soothsayer;
38. Not to practice black magic;
39. Not to practice divination;
40. Not to cast spells;
41. Not to seek information from the dead;
42. Not to consult an ov;
43. Not to consult a yid'oni
44. Not to practice sorcery;
45. Not to shave the temples of our heads;
46. Not to shave off the corners of our beards;
47. For a man not to wear a woman's apparel;
48. For a woman not to wear armament or a man's apparel;
49. Not to tattoo [one's body];
50. Not to make cuts in one's flesh;
51. Not to tear out hair [in mourning] for the dead.
The explanation of all these mitzvot is contained within the chapters which follow.
2. Not to stray after the thoughts of one's heart or the sights one's eyes behold;
3. Not to curse [God];
4. Not to worship [false gods] with the types of service with which they are customarily served;
5. Not to bow down to [false gods];
6. Not to make an idol for oneself;
7. Not to make an idol even for others;
8. Not to make images even for decoration;
9. Not to persuade others to [worship false gods];
10. To burn an apostate city;
11. Never to rebuild it;
12. Not to derive benefit from any of its property;
13. Not to persuade a single individual to worship [false gods];
14. Not to love a mesit
15. Not to reduce one's hatred for him;
16. Not to save his life;
17. Not to advance any arguments on his behalf;
18. Not to withhold information that will lead to his conviction;
19. Not to prophesy in the name of [false gods];
20. Not to listen to anyone who prophesies in the name of [false gods];
21. Not to give false prophecy even in the name of God;
22. Not to fear executing a false prophet;
23. Not to swear in the name of a false god;
24. Not to perform the deeds associated with an ov
25. Not to perform the deeds associated with a yid'oni
26. Not to offer to Molech
27. Not to erect a pillar [for purposes of worship];
28. Not to prostrate oneself on hewn stones;
29. Not to plant an asherah
30. To destroy false gods and all their objects of worship;
31. Not to benefit from false gods and all their objects of worship;
32. Not to benefit from ornaments that have adorned false gods;
33. Not to establish a covenant with nations who worship false gods;
34. Not to show them favor;
35. Not to allow them to settle in our land;
36. Not to follow their customs or manner of dress;
37. Not to act as a soothsayer;
38. Not to practice black magic;
39. Not to practice divination;
40. Not to cast spells;
41. Not to seek information from the dead;
42. Not to consult an ov;
43. Not to consult a yid'oni
44. Not to practice sorcery;
45. Not to shave the temples of our heads;
46. Not to shave off the corners of our beards;
47. For a man not to wear a woman's apparel;
48. For a woman not to wear armament or a man's apparel;
49. Not to tattoo [one's body];
50. Not to make cuts in one's flesh;
51. Not to tear out hair [in mourning] for the dead.
The explanation of all these mitzvot is contained within the chapters which follow.
Halacha 1
During the times of Enosh, mankind made a great mistake, and the
wise men of that generation gave thoughtless counsel. Enosh himself was one of
those who erred.
Their mistake was as follows: They said God created stars and
spheres with which to control the world. He placed them on high and treated
them with honor, making them servants who minister before Him. Accordingly, it
is fitting to praise and glorify them and to treat them with honor. [They
perceived] this to be the will of God, blessed be He, that they magnify and
honor those whom He magnified and honored, just as a king desires that the
servants who stand before him be honored. Indeed, doing so is an expression of
honor to the king.
After conceiving of this notion, they began to construct temples
to the stars and offer sacrifices to them. They would praise and glorify them
with words, and prostrate themselves before them, because by doing so, they
would - according to their false conception - be fulfilling the will of God.
This was the essence of the worship of false gods, and this was
the rationale of those who worshiped them. They would not say that there is no
other god except for this star.
This message was conveyed by Jeremiah, who declared (10:7-8):
"Who will not fear You, King of the nations, for to You it is fitting.
Among all the wise men of the nations and in all their kingdoms, there is none
like You. They have one foolish and senseless [notion. They conceive of their]
empty teachings as wood;" i.e., all know that You alone are God. Their
foolish error consists of conceiving of this emptiness as Your will.
Halacha 2
After many years passed, there arose people - false prophets -
who told [their nations] that God had commanded them to say: Serve this star -
or all the stars - sacrifice to it, offer libations to it, build a temple for
it and make an image of it so that all people - including the women, the
children, and the common people - could bow to it.
He would inform them of a form that he had conceived, and tell
them that this is the image of the particular star, claiming that this was
revealed to him in a prophetic vision. In this manner, the people began to make
images in temples, under trees, and on the tops of mountains and hills.
People would gather together and bow down to them and the [false
prophets] would say: This image is the source of benefit or harm. It is
appropriate to serve it and fear it. Their priests would tell them: This
service will enable you to multiply and be successful. Do this and this, or do
not do this or this.
Subsequently, other deceivers arose and declared that a specific
star, sphere, or angel had spoken to them and commanded them: Serve me in this
manner. He would then relate a mode of service [telling them:] Do this, do not
do this.
Thus, these practices spread throughout the world. People would
serve images with strange practices - one more distorted than the other - offer
sacrifices to them, and bow down to them. As the years passed, [God's] glorious
and awesome name was forgotten by the entire population. [It was no longer part
of] their speech or thought, and they no longer knew Him. Thus, all the common
people, the women, and the children would know only the image of wood or stone
and the temples of stone to which they were trained from their childhood to bow
down and serve, and in whose name they swore.
The wise men among them would think that there is no God other
than the stars and spheres for whose sake, and in resemblance of which, they
had made these images. The Eternal Rock was not recognized or known by anyone
in the world, with the exception of a [few] individuals: for example, Chanoch,
Metushelach, Noach, Shem, and Ever. The world continued in this fashion until
the pillar of the world - the Patriarch Abraham - was born.
Halacha 3
After this mighty man was weaned, he began to explore and think.
Though he was a child, he began to think [incessantly] throughout the day and
night, wondering: How is it possible for the sphere to continue to revolve
without having anyone controlling it? Who is causing it to revolve? Surely, it
does not cause itself to revolve.
He had no teacher, nor was there anyone to inform him. Rather,
he was mired in Ur Kasdim among the foolish idolaters. His father, mother, and
all the people [around him] were idol worshipers, and he would worship with
them. [However,] his heart was exploring and [gaining] understanding.
Ultimately, he appreciated the way of truth and understood the
path of righteousness through his accurate comprehension. He realized that
there was one God who controlled the sphere, that He created everything, and
that there is no other God among all the other entities. He knew that the
entire world was making a mistake. What caused them to err was their service of
the stars and images, which made them lose awareness of the truth.
Abraham was forty years old when he became aware of his Creator.
When he recognized and knew Him, he began to formulate replies to the
inhabitants of Ur Kasdim and debate with them, telling them that they were not
following a proper path.
He broke their idols and began to teach the people that it is
fitting to serve only the God of the world. To Him [alone] is it fitting to bow
down, sacrifice, and offer libations, so that the people of future
[generations] would recognize Him. [Conversely,] it is fitting to destroy and
break all the images, lest all the people err concerning them, like those
people who thought that there are no other gods besides these [images].
When he overcame them through the strength of his arguments, the
king desired to kill him. He was [saved through] a miracle and left for Charan.
[There,] he began to call in a loud voice to all people and inform them that
there is one God in the entire world and it is proper to serve Him. He would go
out and call to the people, gathering them in city after city and country after
country, until he came to the land of Canaan - proclaiming [God's existence the
entire time] - as [Genesis 21:33] states:
"And He called there in the name of the Lord, the eternal God."
When the people would gather around him and ask him about his
statements, he would explain [them] to each one of them according to their
understanding, until they turned to the path of truth. Ultimately, thousands
and myriads gathered around him. These are the men of the house of Abraham.
He planted in their hearts this great fundamental principle,
composed texts about it, and taught it to Isaac, his son. Isaac also taught
others and turned [their hearts to God]. He also taught Jacob and appointed him
as a teacher.
[Jacob] taught others and turned [the hearts] of all those who
gathered around him [to God]. He also taught all of his children. He selected
Levi and appointed him as the leader. He established him [as the head of] the
academy to teach them the way of God and observe the mitzvot of Abraham.
[Jacob] commanded his sons that the leadership should not depart
from the descendants of Levi, so that the teachings would not be forgotten.
This concept proceeded and gathered strength among the descendants of Jacob and
those who collected around them, until there became a nation within the world
which knew God.
When the Jews extended their stay in Egypt, however, they
learned from the [Egyptians'] deeds and began worshiping the stars as they did,
with the exception of the tribe of Levi, who clung to the mitzvot of the
patriarchs - the tribe of Levi never served false gods.
Within a short time, the fundamental principle that Abraham had
planted would have been uprooted, and the descendants of Jacob would have
returned to the errors of the world and their crookedness. Because of God's
love for us, and to uphold the oath He made to Abraham, our patriarch, He
brought forth Moses, our teacher, the master of all prophets, and sent him [to
redeem the Jews]. After Moses, our teacher, prophesied, and God chose Israel as
His inheritance, He crowned them with mitzvot and informed them of the path to
serve Him, [teaching them] the judgement prescribed for idol worshiper and all
those who stray after it.
Commentary Halacha 1
During the times of Enosh - the
grandson of Adam. See Genesis 4:26, 5:6-11. Enosh lived from the
year 235 after creation to the year 1140 (3525 to 2620 B.C.E.).
mankind made a great mistake and the wise men of that generation
gave thoughtless counsel. - Interestingly,
the Rambam does not attribute the rise of paganism to simple commoners, but to
the "wise" of the generation.
Enosh, himself, was one of those who erred. - Our text of Shabbat 118b mentions that "the
generation of Enosh" were idol worshipers. However, certain versions of
that text omit the words "generation of." (See She'iltot D'Rabbi Achai Gaon, Bereshit.)
Their mistake was as follows: They said God created stars and
spheres -See Hilchot Yesodei
HaTorah, Chapter 3, for a description of the stars and the spheres, and
their place within the Rambam's conception of the cosmos.
with which to control the world. He placed them on high and
treated them with honor, making them servants who minister before Him. - i.e., mediums of Divine influence
Accordingly, it is fitting to praise and glorify them and to
treat them with honor. - Rashi
finds an allusion to the worship of false gods in Enosh's times inGenesis 4:26: which he renders, "It
was then that they called profanely upon the name of God."
[They perceived] this to be the will of God, blessed be He, that
they magnify and honor those whom He magnified and honored, just as a king
desires that the servants who stand before him be honored. Indeed, doing so is
an expression of honor to the king. - In Hilchot Yesodei Torah, ibid.,
and in several places in the Guide for the Perplexed, the Rambam explains that
the stars and the spheres are on a higher plane than the creations of our
world. Though they influence our world, they are also God's creations and have
no free will of their own. Thus, they are no more than an axe in the hands of a
wood-chopper, and should not worshiped or served.
After conceiving of this notion, they began to construct temples
to the stars - Note the Rambam's
comments on astrology in his Commentary on the Mishnah (Avodah Zarah 4:7), which are quoted in the
commentary on Chapter 11, Halachah 16.
and offer sacrifices to them. They would praise and glorify them
with words, and prostrate themselves before them, because by doing so, they
would - according to their false conception - It
is questionable if such worship is forbidden to gentiles or not. Based on Deuteronomy 4:19, certain authorities maintain
that the gentiles may worship other gods, provided they have the awareness that
God is the ultimate power (שיתוף).
The Rambam, however, does not mention this perspective in these
halachot, nor in Hilchot
Melachim, Chapter 9, where he discusses the prohibition against the worship
of false gods as it affects gentiles. [In Sefer
HaMitzvot (positive
commandment 2), however, he states "Israel is commanded regarding the
unification of God"; from which it could be inferred that gentiles need
not believe in this concept and can combine their worship of God with other
powers.] All authorities agree that such worship is forbidden for Jews.
be fulfilling the will of God. - It is unclear from the Rambam's
statements here whether, originally, they would worship the stars without any
self-interest - merely with the intent of honoring those whom God honors - or
whether their service was self-oriented - i.e., they worshiped the stars
because they considered them as mediums of Divine influence and hoped to derive
benefit from of their service. In the following halachah and in his Commentary
on the Mishnah (Avodah Zarah 4:7),
the Rambam mentions the second view. It is, however, unclear if this was the
original intent of the star-worshipers or whether this was a later development.
This was the essence of the worship of false gods - See Chapter 2, Halachah 1.
and this was the rationale of those who worshiped them - at the outset.
They would never say that there is no other god except for this
star - as the pagans mentioned in
Halachah 2 later did. The first generations of star worshipers were aware of
God's existence and conceived of the stars as no more than intermediaries
between ourselves and Him.
This message was conveyed by Jeremiah, who declared (10:7-8): - See also the Guide for the Perplexed
(Vol. I, Chapter 36) where the Rambam explains a similar idea using the same
Biblical proof-text.
"Who will not fear You, King of the nations, for to You it
is fitting. Among all the wise men of the nations and in all their kingdoms,
there is none like You. They have one foolish and senseless [notion. They
conceive of their] empty teachings as wood;" - i.e., as an entity of substance
i.e., all know that You alone are God. Their foolish error
consists of conceiving of this emptiness - the
worship of the stars
as Your will. - This
and the following two halachot are somewhat problematic. The Rambam conceived
of the Mishneh Torah as a book of law. He included
philosophical and historical points only when they are halachot, directives for
our behavior. In this light, this entire chapter seems unnecessary.
This difficulty can be resolved based on Chapter 2, Halachah 3,
which states that it is forbidden to entertain thoughts of idol worship. Hence,
in order to know which thoughts are forbidden, the Rambam feels it necessary to
describe the entire thought process which led people to worship idols (Likkutei
Sichot, Vol. 20).
The phenomenon described by the Rambam does not belong entirely
to the past. Although, at present, bowing down to the "stars and
spheres" is not very common - although it has been renewed by some
cultists - the theoretical premise that motivated the ancients to serve the
stars is still followed by many. Is it all that uncommon to find people who
compromise their service of God in expectation of receiving benefits by
following what they perceive as the natural order?
Commentary Halacha 2
After many years passed, there arose people - false prophets - NoteHilchot Yesodei Torah 9:5, which states that anyone who
states that God told him in a prophetic vision to worship idols should
automatically be considered a false prophet.
See also the Guide for the Perplexed (Vol. II, Chapter 36) where
the Rambam describes how people can be overcome by their powers of imagination
to the extent that they - as do others who see them in such a trance - think of
themselves as prophets, although, in fact, they received no Divine influence.
who told [the people] that God had commanded them to say: - Thus, this represents a second stage
in the spread of idol worship. At first - as explained in Halachah 1 - star
worship was not institutionalized, but was practiced by individuals because of
their mistaken conceptions.
The second phase involved the development of religious
institutions and set modes of worship. The leaders, however, still recognized
God and attributed the instructions to worship the stars to Him. In the third
stage - as the latter portion of this halachah states - people would worship
the stars and idols without any awareness of God.
Serve this star - or all the stars - sacrifice to it, offer
libations to it, build a temple for it and make an image of it so that all
people - including the women, the children, and the common people - could bow
to it. - See the Rambam's
Commentary on the Mishnah (Avodah Zarah 4:7) and his statements in Chapter 11,
Halachah 16, where he explains that idol worship was instituted by the leaders
of the nations to unite the people of a particular land, give them a sense of
national identity, and establish a hierarchy of leaders.
He would inform them of a form that he had conceived, and tell
them that this is the image of the particular star, claiming that this was
revealed to him in a prophetic vision. - With
these statements, the Rambam explains how people began to worship statues and
idols. Since the star was far away and could not be perceived as more than a
twinkling dot in the sky, the people wanted a more tangible image which they
could relate to. The "prophets" obliged and devised forms for statues
to serve as talismans to bring down influence from these stars.
In this manner, the people began to make images in temples,
under trees, and on the tops of mountains and hills. - Note Deuteronomy 12:2, which commands the Jews to
destroy "all the places where the nations... would worship their gods, on
the high mountains, on the hills, or under any luxuriant tree." Note the
Guide for the Perplexed, Vol. III, Chapter 45, where the Rambam mentions the
gentile practice of building temples on hills and mountaintops.
People would gather together and bow down to them - the images
and the [false prophets] would say: This image is the source of
benefit or harm. It is appropriate to serve it and fear it. Their priests would
tell them: This service will enable you to multiply and be successful. Do this
and this, or do not do this or this. - At
this stage, their service was clearly self-oriented. They wanted to derive
benefit or prevent harm to themselves through this service.
Subsequently, other deceivers arose and declared that a specific
star, sphere, or angel - See Hilchot Yesodei HaTorah,
Chapter 2, for a description of the angels.
had spoken to them and commanded them: Serve me in this manner.
He would then relate a mode of service [telling them:] Do this, do not do this.
- This represented a further
descent. Rather than prophesy in the name of God, these imposters would speak
in the names of the idols themselves. (See also Chapter 5, Halachot 6-7.)
Thus, these practices spread throughout the world. People would
serve images with strange practices - one more distorted than the other - Note Chapter 3, Halachah 2, which
describes the service of Ba'al Pe'or. The people would defecate before the idol
as an act of worship.
offer sacrifices to them, and bow down to them. As the years
passed, [God's] glorious and awesome name was forgotten by the entire
population. [It was no longer part of] their speech or thought, and they no
longer knew Him. - It is not
clear at which point in the history of the world this change took place. The
period between Enosh's birth and Abraham's lasted slightly more than one
thousand years, with the flood taking place approximately 750 years after
Enosh's birth.
Thus, all the common people, the women, and the children would
know -Note the Rambam's Commentary on the Mishnah (Chulin 1:1), where he also differentiates between
the people who believe in the spiritual service intended to draw down spiritual
energy from these celestial bodies and practice it, and the common people who
worship the idols blindly, on faith.
only the image of wood or stone and the temples of stone to
which they were trained from their childhood to bow down and serve, and in
whose name they swore - i.e.,
they conceived of the images as gods. Such worship represented more than a mere
conceptual error. Six of the seven mitzvot commanded to Noach and his
descendants were also given to Adam, the first man. Among them was the
prohibition against serving other gods (Hilchot Melachim 9:1). Thus, by worshiping these
images, they were breaking an explicit Divine commandment.
The wise men among them would - not worship the images as gods in
their own right, but they would
think that there is no God other than the stars and spheres for
whose sake, and in resemblance of which, they had made these images. The
Eternal Rock - the true God
was not recognized or known by anyone in the world, with the
exception of a [few] individuals - Our
Sages speak critically of these individuals, who were themselves righteous, but
did nothing to influence the people around them.
for example - See
also the Guide for the Perplexed, Vol. II, Chapter 39, where the Rambam cites
these individuals as prophets.
Metushelach - Though
his righteousness is not mentioned explicitly in the Torah, it is mentioned by
our Sages in a number of places - e.g., Yalkut
Shimeoni, Bereshit 42, which
states: "Metushelach was a completely righteous man."
Shem - Noach's
second son.
and Ever. - Shem
and Ever are frequently mentioned by our Rabbis as righteous sages. See Bereishit Rabbah 63:6, which explains that when Rivkah
went "to seek out God" (Genesis 25:22), she went to the house of
study of Shem and Ever.
The world continued in this fashion until the pillar of the
world - the Patriarch Abraham - was born. - Abraham
was born in the year 1948 (1812 B.C.E.).
Commentary Halacha 3
After this mighty man - In
several places - e.g., Bava
Batra 15a and Rosh HaShanah 11a - our Sages referred to Abraham
with this expression.
was weaned - Nedarim 32a states: "Abraham was three
when he recognized his Creator." Although the Rambam states that it was
not until Abraham was forty that he gained true awareness of God, his process
of search began at age three.
he began to explore and think. Though he was a child, he began
to think [incessantly] throughout the day and night, wondering: How is it
possible for the sphere to continue to revolve without having anyone
controlling it? - Note the Midrash HaGadol (Parashat Lech Lecha), which
explains that Abraham questioned: Why should we bow down to idols, gods that we
ourselves make? We should bow to the earth, for it produces crops that sustain
us.
Therefore, he began to worship the earth. Then he saw that the
earth needs rain, and began to worship the sky. Later, he saw that the most
brilliant creation in the sky was the sun, and began to worship it. Afterwards,
when the sun set and the moon rose, he began to worship the moon. When the sun
rose the next morning, he did not know what to do. He did not see which was
stronger: the sun or the moon. So Abraham continued in a quandary, questioning
who was the true God.
Who is causing it to revolve? Surely, it does not cause itself
to revolve. - Interestingly, in Hilchot Yesodei HaTorah 1:5, the Rambam uses the same concept
as a proof for the existence of God.
He had no teacher, nor was there anyone to inform him. -Bereshit
Rabbah 61:1 elaborates on the
lack of instruction that was available to Abraham.
Note the Ra'avad and the Kessef
Mishneh, who question why Noach, Shem, and Ever (all of whom were alive at
this time) did not try to nullify the worship of idols and why they did not
instruct Abraham. They offer two explanations. The first is that they were
afraid and hid from the idolaters. (See Midrash
Tehillim 118. Note, however,
teachings which state that these righteous men also protested the worship of
false gods, Tanna Devei
Eliyahu Rabba, Chapters 20 and 25.)
Alternatively, Shem and Ever lived in the land of Canaan, while
Abraham lived in Babylon. The question remains, however, why did Abraham not
seek out these righteous men (Kinat Eliyahu).
Rather, he was mired in Ur Kasdim among the foolish idolaters.
His father, mother, and all the people [around him] were idol worshipers
-Indeed, our Sages relate that his father had a shop where idols were sold.
and he would worship with them. - See Bereshit
Rabbah 39:8, which states
that Abraham was always worried that God would not absolve him from his sin of
worshiping idols.
[However,] his heart was exploring and [gaining] understanding.
Ultimately, he appreciated the way of truth - an
awareness of God
and understood the path of righteousness - an ethical approach to behavior, which
reflected his spiritual awareness
through his accurate comprehension. He realized that there was
one God who controlled the sphere, that He created everything, and that there
is no other God among all the other entities. - These are the fundamental principles
of the Jewish faith, as explained in Hilchot
Yesodei HaTorah 1:1-6.
He knew that the entire world was making a mistake. What caused
them to err was their service of the stars and images, which made them lose
awareness of the truth. - Their
worship of idols dulled their sensitivity to spirituality to the point where
they lost all awareness of God.
Abraham was forty years old when he became aware of his Creator.
-Note Bereshit Rabbah 64:4, which mentions two opinions
regarding when Abraham became aware of God: one when he was three and one when
he was forty eight. It is possible that the Rambam's text of the Midrash read
"forty" instead of "forty eight."
As explained above, the opinions are not necessarily
contradictory. Abraham's process of inquiry could have begun at age three,
while at forty he gained greater understanding, and at forty eight, he achieved
an even higher level of awareness.
Avot 5:21 states:
"At forty, one achieves understanding." By associating Abraham's
apreciation of the Creator with this age, the Rambam implies that this
awareness can come as a product of our own thought and meditation.
When he recognized and knew Him - Bereshit Rabbah 39:1 explains Abraham's process of
thought with a parable. A person saw a brightly lit palace. He wondered: Could
this palace exist without an owner? Immediately, the owner revealed himself to
him. Similarly, Abraham wondered: Is it possible for the world to exist without
one who controls? Immediately, God revealed himself to him.
he began to formulate replies to the inhabitants of Ur Kasdim
and debate with them, telling them that they were not following a proper path - by serving the stars and idols.
He broke their idols and began to teach the people that it is
fitting to serve only the God of the world. - Our
Sages relate that after breaking his father's idols, he put a stick in the
hands of the largest idol. When his father asked him why he destroyed the
idols, he replied that he didn't do it; the idol holding the stick did.
His father curtly dismissed his reply: "That idol is only
metal. It cannot do anything," he roared at his son.
"If so, why do you worship it?" Abraham replied.
To Him [alone] is it fitting to bow down, sacrifice, and offer
libations, so that the people of future [generations] would recognize Him. - The Rambam's words imply that the
value of offering sacrifices at this time (before the Torah commanded that they
be offered) was not as the acts of service of God, but in the educational
effect they had on the people and the awareness of God they inspired.
[Conversely,] it is fitting to destroy and break all the images,
lest all the people err concerning them, like those people who thought that
there are no other gods besides these [images]. When he overcame them through
the strength of his arguments, the king - Nimrod
(Pesachim 118a)
desired to kill him - by
tossing him into a burning furnace.
He was [saved through] a miracle - Interestingly, when the Rambam lists
the ten trials that Abraham endured in his Commentary on the Mishnah, Avot 5:3, he does not mention this episode
at all.
and left for Charan. - See Genesis 11:31. In his Commentary on the
Mishnah (ibid.), the Rambam mentions Abraham's exile from his native land as
the first of his ten trials.
[There,] - he did
not encounter any of the formal opposition he had faced in Babylonia and
he began to call in a loud voice to all people and inform them
that there is one God in the entire world. He would go out and call to the
people, gathering them in city after city and country after country - On the phrase, Genesis 12:5, "the people they had
gathered in Charan," Bereshit
Rabbah 39:21 comments,
"These are the converts they made. Abraham would convert the men and Sarah
would convert the women."
until he came to the land of Canaan - See Genesis, Chapter 12, which
describes Abraham's journeys within the land of Canaan.
proclaiming [God's existence the entire time] - as [Genesis 21:33] states:
"And He called there in the name of the Lord, the eternal God." -Sotah 10a states: "Do not read 'And he
called.' Read 'And he had others call' - i.e., Abraham motivated others to
become aware of God and call out to Him.
When the people would gather around him and ask him about his
statements, he would explain [them] to each one of them according to their
understanding, until they turned to the path of truth. Ultimately, thousands
and myriads gathered around him. These are the men of the house of Abraham. - The Rabbis question the fate of all
these people. We do not find any mention of the perpetuation of their faith in
God. Perhaps the cultural influences of the surrounding environment were too
powerful. If the children of Israel themselves turned to idol worship after two
generations in Egypt, could any more be expected from these individuals?
He planted in their hearts this great fundamental principle,
composed texts about it - Most
commentaries point to Avodah
Zarah 14b, which relates that
Abraham composed a four-hundred-chapter text against the worship of false gods. Kinat Eliyahu notes that here, the Rambam is not
referring to the negation of idol worship, but to the propagation of the faith
in one God. Therefore, he suggests that the reference is to the Kabbalistic
tradition (Zohar, Vol. II, 275b) that Sefer
Yetzirah was composed by
Abraham. (See also Kiryat
Melech.)
and taught it to Isaac, his son. - Note Genesis 18:19: "I have known him that
he will command his children and household after him, and they will keep the
way of God...."
Isaac also taught others and turned [their hearts to God]. He
also taught Jacob - Jacob also
studied under Shem and Ever (See Rashi, Genesis 25:27,Bereishit Rabbah 25:16).
and appointed him as a teacher - i.e., he and not Esau would convey the
spiritual heritage of Abraham.
[Jacob] taught others and turned [the hearts] of all those who
gathered around him [to God]. He also taught all of his children. - In contrast to Abraham and Isaac, all
of Jacob's children were righteous. (See Hilchot
Kri'at Shema 1:4.)
He selected Levi and appointed him as the leader. - The Torah itself does not mention
Jacob's selection of Levi as a leader. A number of sources in the oral
tradition (Pirkei D'Rabbi Eliezer, Chapter 39; Shemot Rabbah 15:27), however, reveal this concept.
He established him [as the head of] the academy - The Midrash
Tanchuma(Vayigash) interprets Genesis 46:28: "And Jacob sent Judah
before him," to mean that he charged him with founding a yeshiva.
Similarly, Yoma 28b states that this Talmudic academy
continued throughout the Egyptian exile.
to teach them the way of God - Note Hilchot De'ot 1:7, which explains that the
expression, "the way of God," refers to ethics, emulating the
qualities of spirit which God has revealed.
and observe the mitzvot of Abraham. - In this context, note the Rambam's
statements in Hilchot Melachim 9:1. After relating the seven
universal laws given to Noach and his descendants, the Rambam states:
In addition to these, Abraham was commanded regarding
circumcision. He instituted the morning prayer. Isaac separated tithes and
added another prayer service towards evening. Jacob added the prohibition
against eating the gid
hanasheh, the "displaced nerve," and instituted the evening
prayers.
[Jacob] commanded his sons that the leadership should not depart
from the descendants of Levi - Thus,
the mantle of leadership passed to Kehat and then to Amram, Moses' father.
so that the teachings would not be forgotten. This concept
proceeded and gathered strength among the descendants of Jacob and those who
collected around them, until there became a nation within the world which knew
God. - This describes the initial
period of the Jews' stay in Egypt, when they prospered both spiritually and
materially.
When the Jews extended their stay in Egypt - The entire period of the Egyptian
exile lasted 210 years. As long as Jacob's sons were living, the Jews preserved
the heritage of their fathers and were treated with honor by the Egyptians.
The last of Jacob's sons to die was Levi. After his death, the
spiritual level of the Jews descended. Levi lived 127 years. He was 44 when he
entered Egypt. Thus, this spiritual descent occurred 83 years after the Jews
entered Egypt.
however, they learned from the [Egyptians'] deeds and began
worshiping the stars as they did - When
the Jews adopted Egyptian values - as a reflection of their spiritual state -
they were enslaved by the Egyptians.
with the exception of the tribe of Levi, who clung to the
mitzvot of the patriarchs - the tribe of Levi never served false gods. - The tribe of Levi was also the only
tribe which perpetuated the mitzvah of circumcision (Sifre, Berachah).
As a result of their spiritual fortitude, the tribe of Levi was never enslaved.
Within a short time, the fundamental principle that Abraham had
planted would have been uprooted and the descendants of Jacob would have
returned to the errors of the world and their crookedness. - Our Sages relate that, in the Egyptian
exile, the Jews had descended to the forty-ninth degree of impurity. Had they
descended another level, it would have been impossible for us ever to be
redeemed.
Because of God's love for us, and to uphold the oath He made to
Abraham, our patriarch - This is
a reference to Deuteronomy 7:7-8: "It is not because of
your greatness over all the other nations that God desired you and chose
you..., but it was because of God's love for you and because He kept the oath
He swore to your fathers."
He brought forth Moses, our teacher - Rav David Arameah notes that the word עשה,
rendered as "brought forth," literally means "made." He
explains that from Moses' birth, God granted him the potential to develop
unique spiritual awareness. Although the Rambam also accepts this concept (see
the Guide for the Perplexed, Vol. II, Chapter 32), it is more likely that he
chose this expression as a reference to I Samuel 12:6 (Rav Kapach).
the master of all prophets - See Hilchot Yesodei HaTorah 7:6, where the Rambam elaborates on
the advantages Moses had over all the other prophets. Indeed, in his Commentary
on the Mishnah (Introduction to Chapter 10 ofSanhedrin), he includes
belief in the supremacy of Moses' prophecy as the seventh of his Thirteen
Principles of Faith.
and sent him [to redeem the Jews] - after 117 years of idol worship and
slavery.
After Moses, our teacher, prophesied, and God chose Israel as
His inheritance, He crowned them with mitzvot and informed them of the path to
serve Him - by
[teaching them] - the
Torah which reveals
the judgement prescribed for idol-worship and all those who
stray after it - as will be
explained in the subsequent chapters. The Rambam's elaboration on the negative
experience of our people in Egypt and the giving of the Torah has the following
implication. Although man can appreciate the futile nature of idol worship and
the greatness of God with his own intellect, because man is fallable, it is
necessary to have these principles institutionalized in an objective,
unchanging religious code (Likkutei Sichot, Vol. 20).
Chapter Two
Halacha 1
The essence of the commandment [forbidding] the worship of false
gods is not to serve any of the creations, not an angel, a sphere, or a star,
none of the four fundamental elements, nor any entity created from them. Even
if the person worshiping knows that ‘ה is the [true] God and serves the
creation in the manner in which Enosh and the people of his generation
worshiped [the stars] originally, he is considered to be an idol worshiper.
The Torah warns us about this, saying [Deuteronomy 4:19]: "Lest you lift your
eyes heavenward and see the sun, the moon, and the stars... [and bow down and
worship them], the entities which God apportioned to all the nations."
This implies that you might inquire with "the eye of the heart" and
it might appear to you that these entities control the world, having been
apportioned by God to all the nations to be alive, to exist, and not to cease
existence, as is the pattern of [the other creations with] the world.
Therefore, you might say that it is worthy to bow down to them and worship
them.
For this reason, [Deuteronomy
11:16] commands: "Be very careful that your heart not be tempted
[to go astray and worship other gods]." This implies that the thoughts of
your heart should not lead you astray to worship these and make them an
intermediary between you and the Creator.
Halacha 2
The worshipers of false gods have composed many texts concerning
their service, [describing] what is the essence of their service, what
practices are involved, and what are its statutes. The Holy One, blessed be He,
has commanded us not to read those books at all, nor to think about them or any
matters involved with them.
It is even forbidden to look at the image of an idol, as [Leviticus 19:4] states: "Do not turn to
the idols." In this regard, [Deuteronomy 12:30] states:
"[Be careful]... lest you seek to find out about their gods, saying, 'How
did they serve them.' This prohibits inquiring about the nature of their
service even if you, yourself, do not serve them. This matter will ultimately
cause you to turn to [the false god] and worship it as they do, as [the above
verse continues]: "so that I will do the same."
Halacha 3
All these prohibitions have one common thrust: that one should
not pay attention to idol worship. Whoever performs a deed that reflects his
concern with [idol worship] receives lashes [as punishment].
The worship of false gods is not the only subject to which we
are forbidden to pay attention; rather, we are warned not to consider any
thought which will cause us to uproot one of the fundamentals of the Torah. We
should not turn our minds to these matters, think about them, or be drawn after
the thoughts of our hearts.
In general, people have limited powers of understanding, and not
all minds are capable of appreciating the truth in its fullness. [Accordingly,]
were a person to follow the thoughts of his heart, it is possible that he would
destroy the world because of his limited understanding.
What is implied? There are times when a person will stray after
star worship, and times when he will wonder about God's oneness: Perhaps He is
one, perhaps He is not? [He might also wonder:] What exists above, [in the
heavenly realms]? What exists below [them]? What was before time? What will be
after time? Similarly, [one might wonder about] prophecy: Perhaps it is true,
perhaps it is not? And [one may also wonder] about the Torah: Perhaps it
emanates from God, perhaps it does not?
Since he may not know the guidelines with which to evaluate
[ideas that will lead him] to the truth in its fullness, he may come to heresy.
The Torah has warned about this matter, saying [Numbers 15:39]: "Do not stray after
your hearts and eyes, which have led you to immorality" - i.e., each one
of you should not follow his limited powers of understanding and think that he
has comprehended the truth.
Our Sages [interpreted this warning]: "After your
hearts," this refers to heresy; "after your eyes," this refers
to immorality. This prohibition - though [severe,] causing a person to be
prevented [from attaining a portion] in the world to come - is not punishable
by lashes.
Halacha 4
The commandment [forbidding] the worship of false gods is
equivalent to all the mitzvot, as [implied by Numbers 15:22]: "Lest you err and not
perform all the mitzvot...." The oral tradition teaches that the verse
refers to the worship of false gods. Thus, we learn that anyone who
acknowledges a false god denies the entire Torah in its totality, all the works
of the prophets, and everything that has been commanded to the prophets from
Adam, [the first man,] until eternity, as [Numbers 15:23] continues: "...from the
day God issued His commandments and afterwards, for your future
generations."
[Conversely,] anyone who denies the worship of false gods
acknowledges the entire Torah in its totality, all the works of the prophets,
and everything that has been commanded to the prophets from Adam, [the first
man,] until eternity. [This acknowledgement] is fundamental to all of the
mitzvot.
Halacha 5
A Jew who serves false gods is considered like a gentile in all
regards and is not comparable to a Jew who violated another transgression
punishable by being stoned to death. An apostate who worships false gods is
considered to be an apostate with regard to the entire Torah.
Similarly, Jewish minnim are not considered to be Jews with
regard to any matter. Their repentance should never be accepted, as [implied by Proverbs 2:19]: "None
that go to her repent, nor will they regain the paths of life."
The minnim are those who stray after the thoughts
of their hearts, concerning themselves with the foolish matters mentioned
above, until they ultimately transgress against the body of Torah [law]
arrogantly, with scorn, with the intent of provoking God's anger, and yet say
that there is no sin involved.
It is forbidden to talk to them or to reply to them at all, as [Proverbs 5:8] states: "Do not come
close to her door." [It can be assumed that] a min's thoughts are concerned with false
gods.
Halacha 6
Whoever accepts a false god as true, even when he does not actually
worship it, disgraces and blasphemes [God's] glorious and awesome name. This
applies both to one who worships false gods and to one who curses God's name
[as is obvious from Numbers 15:30]: "If a person commits
[an act of idolatry] highhandedly, whether he be a native born [Jew] or a
convert, he is blaspheming God."
Therefore, a person who worships false gods is to be hanged,
just as one who blasphemes against God is hanged. Both are executed by being
stoned to death. Therefore, I have included the laws applying to a blasphemer
in Hilchot Avodat Kochavim.
Both deny the fundamental principle [of Jewish faith].
Halacha 7
These are the laws which govern a blasphemer: A blasphemer is
not liable to be stoned to death until he states God's unique name, which
possesses four letters: א-ד-נ-י, and curses that name with one of the names of
God which are forbidden to be erased, as [Leviticus 24:16] states: "One who
blasphemes God's name...."
One is obligated to be stoned to death for blaspheming God's
unique name. [Should he blaspheme] the other names for God, he [transgresses] a
prohibition.
There are those who state that one is liable [for execution]
only when one blasphemes the name י-ה-ו-ה. I, however, maintain that one should
be stoned to death in both instances.
Halacha 8
[The procedure for the trial of a blasphemer is as follows:]
Each day [when] the witnesses are questioned, [they use] other terms for God's
name, [stating,] "May Yosse strike Yosse." At the conclusion of the
judgment, all bystanders are removed [from the courtroom]. The judges question
the witness of greatest stature and tell him, "Tell us what you heard
explicitly." He relates [the curse]. The judges stand upright and rend
their garments. They may not mend them [afterwards].
The second witness states: "I also heard as he did."
If there are many witnesses, they must all say, "I heard the same."
Halacha 9
[The fact that] a blasphemer retracts his statements in the
midst of speaking is of no consequence. Rather, once he utters blasphemy in the
presence of witnesses, he is [liable for execution by] stoning.
Should a person curse God's name with the name of a false god,
the zealous may strike him and slay him. If the zealous do not slay him and he
is brought to court, he is not [condemned to] be stoned. [That punishment is
administered] only when one curses God's name with another one of His unique
names.
Halacha 10
Whoever hears the blasphemy of God's name is obligated to rend
his garments. Even [when one hears] the blasphemy of other terms used to
describe God, one is obligated to rend his garments.
The above applies when one hears [the blasphemy] from a fellow
Jew. [In that instance,] both one who hears the actual blasphemy and one who
hears it from the witnesses is obligated to rend his garments. In contrast, one
who hears a gentile [blaspheme God's name] is not obligated to rend his
garments. Elyakim and Shevna rent their garments [as described in Isaiah 36:22] only because
Ravshakeh was an apostate Jew.
[Before his execution,] all the witnesses and the judges place
their hands on the head of the blasphemer and tell him: "You are
responsible for your death. You brought it upon yourself." Only a
blasphemer - and none of the other offenders executed by the court - has [the
judges and witnesses] place their hands upon his head, as [Leviticus 24:14] states: "And all those
who hear shall place their hands on his head."
Commentary Halacha 1
The essence of the commandment [forbidding] the worship of false
gods is not to serve any of the creations - The
Rambam counts the prohibition against worshiping false gods as the first of the
365 negative commandments. In these halachot, he does not mention this
prohibition in the manner in which he usually introduces one of the 613 mitzvot
in this text, because he introduced this prohibition previously in the Mishneh Torah, mentioning it in Hilchot Yesodei HaTorah 1:6. The inclusion of this mitzvah in
those halachot is appropriate, because it is one of the foundations of our
faith.
not an angel, a sphere, or a star - See Hilchot
Yesodei HaTorah, Chapters 2 and 3, for a description of these creations.
none of the four fundamental elements - fire, wind, water, and earth. The
Rambam describes the existence and function of these four fundamental elements
in Hilchot Yesodei HaTorah,
Chapters 3 and 4.
nor any entity created from them. - All the creations of our physical
world are created from a combination of these four elements.
Even if the person worshiping knows that ‘ה is the [true] God
and serves the creation in the manner in which Enosh and the people of his
generation worshiped [the stars] originally - as
the Rambam mentioned in Chapter 1, Halachah 1.
he is considered to be an idol worshiper - and is subject to the punishments
mentioned in Chapter 3, Halachah 1.
The Torah warns us about this, saying [Deuteronomy 4:19]: "Lest you lift your
eyes heavenward and see the sun, the moon, and the stars... [and bow down and
worship them], the entities which God apportioned to all the nations." -
As mentioned in the previous chapter, there are some authorities who, using
this verse as a proof-text, do not prohibit gentiles from worshiping false gods
with this intent. However, all authorities agree that Jews may not worship in
this manner.
This - should not
be interpreted simply as forbidding us to gaze at the celestial beings (Sefer
HaMitzvot, Negative Commandment 10), but rather
implies that you might inquire with "the eye of the
heart" and it might appear to you that these entities control the world - because they do perform essential
functions within the natural order
having been apportioned by God to all the nations to be alive - SeeHilchot Yesodei HaTorah 3:9, which states that the stars and
the spheres are alive and are conscious of God's existence.
to exist, and not to cease existence as is the pattern of [the
other creations with] the world. - In
the first chapters of the Guide for the Perplexed, Vol. II, and briefly in Hilchot Yesodei HaTorah 4:3, the Rambam explains that all the
creations of this world are combinations of different elements and will
therefore ultimately return to their initial elemental state. In contrast, the
existence of the stars and the spheres remains constant.
Therefore, you might say that it is worthy to bow down to them
and worship them - to "honor
those who God honors," as mentioned in Chapter 1, Halachah 1, or to derive
benefit from serving them, as mentioned in Halachah 2 of that chapter.
For this reason, [Deuteronomy
11:16] commands: "Be very careful - The words "Be very
careful" imply a prohibition stemming from the Torah. In Halachah 3, the
Rambam describes the prohibition involved in harboring such thoughts.
that your heart not be tempted [to go astray and worship other
gods]." This implies that the thoughts of your heart should not lead you
astray to worship these and make them an intermediary between you and the
Creator. - Note the fifth of the
Rambam's Thirteen Principles of Faith (Commentary on the Mishnah, Sanhedrin, Chapter 10):
The fifth fundamental principle is that it is fit to serve God
alone... and not the entities who are below Him: the angels, the stars, the
spheres, or the fundamental elements.
This is because they all perform their functions because of their inherent nature. They have no control or choice, but merely [fulfill] God's will.
We should not make them intermediaries to reach Him through them, but rather direct all our thoughts to Him, paying no attention to anything else. This is the... prohibition against worshiping false gods.
This is because they all perform their functions because of their inherent nature. They have no control or choice, but merely [fulfill] God's will.
We should not make them intermediaries to reach Him through them, but rather direct all our thoughts to Him, paying no attention to anything else. This is the... prohibition against worshiping false gods.
Commentary Halacha 2
This halachah continues the description of the prohibition begun
in the previous halachah and completed in the following halachah.
The worshipers of false gods have composed many texts concerning
their service, [describing] what is the essence of their service, what
practices are involved, and what are its statutes. - The commentaries have also included
studying other books by pagans and nonbelievers in this prohibition.
The Holy One, blessed be He, has commanded us not to read those
books at all - See the Rambam's
Commentary on the Mishnah (Avot 2:17),
which states that one may study "the ideas of the gentiles in order to
reply to them." Indeed, from the Guide for the Perplexed, Vol. III,
Chapters 29 and 30, it appears that the Rambam himself undertook such study.
(The Rabbis have, nevertheless, suggested that such study be limited only to
certain individuals who have received permission from a rabbinic authority to
concern themselves with these issues.)
Note also Chapter 3, Halachah 2, and Hilchot Sanhedrin 2:1, which state that judges must be
somewhat familiar with the rites of the pagans in order to judge cases dealing
with such questions. There is no source, however, where the Rambam explicitly
mentions that one may study about idol worship for this reason. (See Shabbat 75a and Siftei Cohen, Yoreh De'ah 179:29.)
nor to think about them or any matters involved with them. - The Zohar,
Vol. I, 100a, mentions this prohibition together with its rationale, "lest
your heart be tempted to this service."
It is even forbidden to look at the image of an idol - Note Sefer
HaMitzvot(Negative Commandment 10) and Tosafot (Shabbat 149a), which explain that this
prohibition applies only to statues worshiped as idols, in contrast to Rashi (Shabbat, ibid.), who explains that it
refers even to statues erected for decorative purposes.
as [Leviticus 19:4] states:
"Do not turn to the idols." - Note
the comments of the Sifra on this verse, "If you turn to
them, you will make them gods."
In this regard, [Deuteronomy
12:30] states - speaking
to the Jews as they prepare to enter Eretz
Yisrael:
"[Be careful]... lest you seek to find out about their
gods, saying, 'How did they serve them.' - See Sefer HaMitzvot (Negative Commandment 10), which
defines this prohibition as "analytical thought and study concerning the
fantasies and empty thoughts of the founders [of idol worship] - i.e., that
spiritual nurture can be drawn down from this star in this manner, it is proper
to burn incense to this star in this manner...."
This prohibits inquiring about the nature of their service even
if you, yourself, do not - have
an intent to
serve them. - These
enquiries are prohibited because
This matter will ultimately cause you to turn to [the false god]
and worship it as they do, as [the above verse continues]: "so that I will
do the same." - Here,
abstract intellectual curiosity is forbidden. The Rambam operates under the
premise that there is nothing positive that can be learned from idol
worshipers, and there is a danger that one will be attracted to their
lifestyle. Therefore, since there is "nothing to gain and everything to
lose," inquiry about such subjects is forbidden.
Commentary Halacha 3
All these prohibitions - mentioned
in this and the above two halachot.
have one common thrust: that one should not pay attention to
idol worship. - Sefer
HaMitzvot (Negative
Commandment 10) andSefer HaChinuch(Mitzvah 213) count this as one of the
613 mitzvot of the Torah.
Whoever performs a deed - e.g.,
in his curiosity, uncovers an image to see what it looks like (Maharshal) or
performs a ceremonial act of idol worship merely as practice (Mishneh Kessef).
The Rambam's statements here are used as support to negate the
opinion of the Sefer HaChinuch (Mitzvah 345), which states that
lashes are never given for the violation of a prohibition that can be
transgressed without performing a deed, even when one violates it by committing
a deed.
that reflects his concern with [idol worship] receives lashes
[as punishment]. - Punishment is
administered only for the violation of prohibitions by actual deeds. In this
instance, the prohibition can be violated by thought alone - in which case no
punishment is administered. There are, however, also instances when deed - and
thus punishment - is also involved.
Eruvin 17b notes that
even though the proof-text for this prohibition mentions the word אל rather
than לא, it is no different from other Torah prohibitions, and its violation is
also punished by lashes.
The worship of false gods is not the only subject to which we
are forbidden to pay attention - Note
the Introduction to Sefer
HaMitzvot(Shoresh 9),
which states that there are mitzvot of thought, of feeling, of speech, and of
deed.
rather, we are warned not to consider any thought which will
cause us to uproot one of the fundamentals of the Torah. We should not turn our
minds to these matters, think about them, or be drawn after the thoughts of our
hearts. - Sefer HaMitzvot (Negative Commandment 47) defines this
mitzvah as follows:
We are forbidden to be freethinking [to the extent that] we
accept principles which run contrary to those of the Torah. Rather, we should
structure our thoughts, setting for them guidelines, those being the mitzvot of
the Torah.
The Rambam explains the reason for these prohibitions:
In general, people have limited powers of understanding, and not
all minds are capable of appreciating the truth in its fullness. - See also Hilchot Yesodei HaTorah 2:12, 4:11,13, where the Rambam
mentions the restrictions placed on the study of deeper spiritual concepts lest
one err in his conception.
[Accordingly,] were a person to follow the thoughts of his
heart, it is possible that he would destroy the world because of his limited
understanding. - There are
several ways to understand the expression used by the Rambam: "destroy the
world." On the most obvious level, it is a figurative expression, not to
be interpreted literally. On a deeper level, it can be seen as a reference to
his statements in Hilchot
Teshuvah 3:4 that a person
should always "see himself and the entire world as equally balanced
between merit and sin. If he commits one sin, he tips his balance and that of
the entire world to guilt and brings on destruction."
Today, we can appreciate the Rambam's words in a very literal
sense. Society as a whole is plagued by irrational acts of violence. and on a
global level it is possible for utter destruction to be brought about if a few
individuals act irresponsibly.
What is implied? There are times when a person will stray after
star worship - and consider it beneficial
and - there are
times when he will wonder about God's oneness: Perhaps He is
one, perhaps He is not? - In his
Commentary on the Mishnah (Introduction to the Tenth Chapter of Sanhedrin), the Rambam lists
the oneness of God as the second of his Thirteen Principles of Faith. See also Hilchot Yesodei HaTorah1:7,
2:10.
[He may also wonder:] - Chaggigah 11b states: "It would have been
better for someone who considers the [following] four matters never to have
been created." The passage continues by mentioning the four questions
quoted by the Rambam here.
What exists above the heavenly realms? What exists below them?
What was before time? What will be after time? - Our translation is based on Rashi's
interpretation of Chaggigah, ibid.
Similarly, [one may wonder about] prophecy: Perhaps it is true,
perhaps it is not? - In Hilchot Yesodei HaTorah 7:1, the Rambam states: "It is
[one] of the foundations of [our] faith that God communicates by prophecy with
man." Similarly, the Rambam lists the concept of prophecy as the sixth of
his Thirteen Principles of Faith.
And [one may also wonder] about the Torah: Perhaps it emanates
from God, perhaps it does not? - As
the eighth of his Thirteen Principles of Faith, the Rambam states: "The
Torah which we have was given by Moses our teacher... and emanates - in its
entirety - from the Almighty." He explains that this also applies to the
oral law. He reiterates this concept in his introduction to the Mishneh Torah.
Since he might not know the guidelines with which to evaluate
[ideas that will lead him] to the truth in its fullness, he might come to
heresy. -The Rambam's statements should be interpreted, not as a restriction of
one's thinking processes, but rather a call to structure our thoughts according
to the guidelines provided for us by the Torah.
In this context, it is worthy to refer to Hilchot Yesodei HaTorah 4:13:
I maintain that it is not proper for a person to stroll in the Pardes (study Torah's mystic secrets) unless
he has filled his belly with bread and meat. "Bread and meat" refer
to the knowledge of what is permitted and what is forbidden, and similar
matters concerning other mitzvot. Even though the Sages referred to these as
"a small matter" - since our Sages said: "'A great matter,' this
is Ma'aseh Merkavah. 'A
small matter,' this is the debates of Abbaye and Ravva" - nevertheless, it
is fitting for them to be given precedence, because they settle a person's
mind.
Thus, the Rambam teaches that a person should not embark on the
study of deep spiritual questions until he has gained the intellectual maturity
which comes from Torah study. Even after a person gains such maturity, there is
no need for him to concern himself with the study of idol worship because there
is no value which he can derive from such study.
The Torah has warned about this matter, saying [Numbers 15:39]: "Do
not stray after your hearts and eyes, which have led you to immorality" -Sefer
HaMitzvot (Negative
Commandment 47) and Sefer
HaChinuch (Mitzvah 387)
counts this as one of the 613 mitzvot of the Torah.
i.e., each one of you should not follow his limited powers of
understanding and think that he has comprehended the truth. - Instead, he should follow a structured
pattern for intellectual growth and development prescribed by a Torah master.
Our Sages - Sifre,
Sh'lach. (See also Berachot 12b.)
[interpreted this warning]: "After your hearts," this
refers to heresy -For a more precise definition of the term minut, see Halachah 5 and the
commentary.
"after your eyes," this refers to immorality. - In Sefer
HaMitzvot (ibid.), the
Rambam explains:
Their intent in mentioning "immorality" was the
pursuit of pleasure and physical desire, [to the extent that] one's mind is
constantly preoccupied with such thoughts.
This prohibition - though [severe,] causing a person to be
prevented [from attaining a portion] in the world to come - In Hilchot
Teshuvah 3:8, the Rambam
includes among the categories of those who have no portion in the world to
come: "nonbelievers, heretics, those who deny the Torah,... those who
cause the many to sin, and those who depart from the ways of the
community." Following the whims of one's heart can lead to the
transgression of these prohibitions.
is not punishable by lashes - because
it does not involve a deed.
There is some difficulty with the Rambam's statements. The
transgression of both of the prohibitions mentioned in this halachah involves
thought and can also involve deed. Just as the commentaries suggested several
deeds which violate the first prohibition, similar acts could be performed
which violate the latter prohibition. The Rambam, however, appears to imply
that there is no way that the latter prohibition could be transgressed in a
manner warranting punishment.
Commentary Halacha 4
The commandment [forbidding] the worship of false gods is
equivalent to all the mitzvot, as [implied by Numbers 15:22]: "Lest
you err and not perform all the mitzvot...." - The passage implies that it is
speaking about a single sin; nevertheless, the verse specifically mentions
"all the mitzvot."
The oral tradition - Sifre,
Sh'lach and Horayot 8a, resolves this seeming
contradiction and
teaches that the verse refers to - a single prohibition which is
equivalent to the violation of the entire Torah. Which prohibition is that?
the worship of false gods.
Thus, we learn that anyone who acknowledges a false god denies
the entire Torah in its totality, all the works of the prophets, and everything
that has been commanded to the prophets - Note
the Rambam's statements in Hilchot
Yesodei HaTorah 8:1-2, which
explain that the essence of the prophetic tradition is linked to the revelation
of God on Mount Sinai.
from Adam, [the first man,] - Note Hilchot Melachim 9:1, which states that God commanded
Adam concerning the worship of false gods. This statement is based on Bereshit Rabbah 16:6.
until eternity, as [Numbers 15:23] continues - The verse states that performance of
such an act is a denial of "all that God commanded you through
Moses..."
"...from the day God issued His commandments and
afterwards, for your future generations" - for the Torah is unchanging spiritual
truth.
[Conversely,] anyone who denies the worship of false gods
acknowledges the entire Torah in its totality, all the works of the prophets,
and everything that has been commanded to the prophets from Adam, [the first
man,] until eternity. - Just as
the acceptance of false gods removes one from the entire sphere of Torah
practice, denying their existence gives one a point of connection to the
revelation of God's truth.
[This acknowledgement] is fundamental to all of the mitzvot - because the foundation for all the
mitzvot is that they were commanded by the One God who desires that we serve
Him alone.
Note the Tanya,
Chapter 20, which explains that the two mitzvot, the acknowledgement of God and
the negation of idol worship, are the foundation of all Torah practice.
Therefore, the entire Jewish people heard God proclaim these two mitzvot on
Mount Sinai. Every act a person performs can be seen as either the
acknowledgement of God or the acknowledgement of a set of values aside from
His, equivalent figuratively to the acceptance of another god.
Chapter Three
Halacha 1
Whoever serves false gods willingly, as a conscious act of
defiance, is liable for כרת. If witnesses who warned him were present, he is
[punished by being] stoned to death. If he served [such gods] inadvertently, he
must bring a fixed sin offering.
Halacha 2
The gentiles established various different services for each
particular idol and image. These services do not [necessarily] resemble each
other. For example, Pe'or is served by defecating before it. Marculis is served
by throwing stones at it or clearing stones away from it. Similarly, other
services were instituted for other idols.
One who defecates before Marculis or throws a stone at Pe'or is
free of liability until he serves it according to the accepted modes of
service, as [implied byDeuteronomy
12:30]: "[Lest one inquire about their gods, saying,] 'How did
these nations serve their gods? I will do the same.'"
For this reason, a court must know the types of worship
[practiced by gentiles], because an idolater is stoned to death only when we
know that [he has worshiped a false god] in the mode in which it is
traditionally worshiped.
Halacha 3
The warning [forbidding] such worship and the like is the verse
[Exodus 20:5] which
states: "Do not serve them."
When does the above apply? with regard to services other than
bowing, slaughtering [an animal], bringing a burnt offering, and offering a
libation. A person who performs one of these four services to any one of the
types of false gods is liable, even though this is not its accepted mode of
service.
How is this exemplified? A person who offers a libation to Pe'or
or slaughters [an animal] to Marculis is liable, as [implied by Exodus 22:19]: "Whoever slaughters [an
animal] to any deity other than God alone must be condemned to death."
[Liability for performing the other services can be derived as
follows:] Slaughter was included in the general category of services [forbidden
to be performed to false gods]. Why was it mentioned explicitly? To teach [the
following]: Slaughter is distinct as one of the services of God, and one who
slaughters to false gods is liable to be executed by stoning. Similarly, with
regard to any service which is distinct as one of the services of God, if a
person performs it in worship of other gods, he is liable.
For [a similar reason, Exodus 34:14] states: "Do not bow down
to another god," to teach that one is liable for bowing down [to another
god] even when this is not its accepted mode of service. The same applies to
one who brings a burnt offering or pours a libation. Sprinkling [blood] is
considered the same as pouring a libation.
Halacha 4
[Even if] one pours feces before it or pours a libation of urine
from a chamber pot before it, one is liable. If one slaughters a locust before
it, one is not liable, unless this is the mode of service of that deity.
Similarly, if one slaughters an animal lacking a limb for it, one is not
liable, unless this is the manner of service of this deity.
[The following rules apply when] a false god is worshiped by
[beating with] a staff [before it]: If one breaks a staff before it, one is
liable [for the worship of false gods], and [the deity] is forbidden. If one
threw a staff before it, one is held liable, but [the deity] is not forbidden,
because throwing a staff is not considered equivalent to sprinkling blood. The
staff remains as it was, while the blood spatters [in different directions].
A person who accepts any one of the various false gods as a
deity is liable for [execution by] stoning. Even one who lifted up a brick and
said, "You are my god," or the like, is liable. Even if he retracted
his statements in the midst of speaking and said, "This is not my
God," his retraction is not significant and he should be stoned [to
death].
Halacha 5
Anyone who serves a false god through its accepted mode of
service - even if he does so in a derisive manner - is liable. What is implied?
When a person defecates before Pe'or to repudiate it, or throws a stone at
Marculis to repudiate it - since this is the manner of serving them - the
person is liable and must bring a sacrifice [to atone for] his inadvertent
transgression.
Halacha 6
[The following rules apply when] a person serves a false deity
out of love - i.e., he desires an image because its service is very attractive
- or when one serves it out of his fear of it - i.e., he fears that it will
harm him - as the [idol] worshipers fear [their deities as sources of] benefit
and harm: If he accepts it as a god, he is liable to be stoned to death. If he
serves it out of love or fear through its accepted mode of service or through
one of the four services [mentioned above], he is not held liable.
One who embraces a false deity, kisses it, sweeps before it,
mops before it, washes it, anoints it, dresses it, places shoes upon it, or
performs any similar act of deference violates a negative commandment, as
[implied by Exodus 20:5]: "Do not serve them." Such
acts are also "service." The offender is, nevertheless, not liable
for lashes, because [these services] are not [mentioned] explicitly [by the
Torah].
If one of the above services was the accepted mode of worship
[of a particular deity] and a person performed this service as an act of
worship, he is liable [for execution].
Halacha 7
If a splinter becomes stuck in a person's foot before an idol,
he should not bend down to remove it, because it appears that he is bowing down
to the idol.
If money belonging to a person becomes scattered before an idol,
he should not bow down and pick it up, because it appears that he is bowing
down to the idol. Instead, he should sit down, and then pick it up.
Halacha 8
A person should not place his mouth over the mouths of statues
which serve as fountains that are located before false deities in order to
drink, because it appears that he is kissing the false deity.
Halacha 9
A person who has a false god made for himself - even though he,
himself, did not actually fashion it, nor worship it - is [punished by]
lashing, as [Exodus 20:5] states:
"Do not make for yourself an idol or any representation."
Similarly, a person who actually fashions a false god for
others, even for idolaters, is [punished by] lashing, as [Leviticus 19:4] states: "Do not make
molten gods for yourselves." Accordingly, a person who actually fashions a
false god1for himself receives two measures of lashes.
Halacha 10
It is prohibited to make images for decorative purposes, even
though they do not represent false deities, as [implied by Exodus 20:23]: "Do not make with Me
[gods of silver and gods of gold]." This refers even to images of gold and
silver which are intended only for decorative purposes, lest others err and
view them as deities.
It is forbidden to make decorative images of the human form
alone. Therefore, it is forbidden to make human images with wood, cement, or
stone. This [prohibition] applies when the image is protruding - for example,
images and sculptures made in a hallway and the like. A person who makes such
an image is [liable for] lashes.
In contrast, it is permitted to make human images that are
engraved or painted - e.g., portraits, whether on wood or on stone - or that
are part of a tapestry.
Halacha 11
[The following rules apply regarding] a signet ring which bears
a human image: If the image is protruding, it is forbidden to wear it, but it
is permitted to use it as a seal. If the image is an impression, it is
permitted to wear it, but it is forbidden to use it as a seal, because it will
create an image which protrudes.
Similarly, it is forbidden to make an image of the sun, the
moon, the stars, the constellations, or the angels, as [implied by Exodus,
ibid.]: "Do not make with Me [gods of silver...]" - i.e., do not make
images of My servants, those who serve before Me on high. This [prohibition]
applies even [to pictures] on tablets.
The images of animals and other living beings - with the
exception of men - and similarly, the images of trees, grasses, and the like
may be fashioned. This applies even to images which protrude.
Commentary Halacha 1
Whoever serves false gods willingly - i.e., if he is forced to worship false
gods by another person, he is not held responsible for his act. It is
nevertheless forbidden to consent to such pressure. One is obligated to sacrifice
one's life rather than consent to such worship (Hilchot Yesodei HaTorah 5:2,4).
as a conscious act of defiance - as opposed to someone who worships
inadvertently.
[The Radbaz (Vol. V, Responsum 1510) notes that the Rambam uses
the expression "willingly, as a conscious act of defiance" with
regard to the violation of the prohibitions against idolatry, the Sabbath laws
(Hilchot Shabbat 1:1), and
the laws of Yom Kippur (Hilchot Sh'vitat Asor 1:1). With regard to all other
transgressions punishable by כרת, he states merely: "as a conscious act of
defiance."
The Radbaz explains that it is possible that the Rambam
mentioned the concept of "willingly" with regard to these three
transgressions because they are the first cases of כרת mentioned in the Mishneh Torah. Furthermre, they
are transgressions which people at large would consider most severe. After
mentioning the concept on these three occasions, the Rambam does not think
further repetition is necessary.]
is liable for כרת. - Mo'ed
Katan 28a relates that a
person liable for כרת would die before reaching the age of fifty. The Rambam (Hilchot
Teshuvah 8:1) emphasizes that
being "cut off in this world" is not the sum total of Divine
retribution for such a transgression. Rather, the person's soul is also cut off
and prevented from reaching the world to come.
If witnesses who warned him - See Hilchot Sanhedrin 12:1-2.
were present - when
he committed the offense and later testified in court,
he is [punished by being] stoned to death - as mentioned above, Chapter 2,
Halachah 6.
If he served [such gods] inadvertently - He performed an act of idol worship
without realizing that it was forbidden, or was not aware of the punishment
involved (Hilchot Shegagot 2:2).
he must bring a fixed sin offering. - Though the sin offering brought to
atone for idol worship differs from that brought to atone for other sins - seeNumbers 15:27-31; Hilchot Shegagot 1:4 - the Rambam uses this term to
differentiate it from a 18הלועáןברק דרויו - a guilt offering which differs
depending on the financial status of the person bringing it.
Commentary Halacha 2
The gentiles established various different services for each
particular idol and image. These services do not [necessarily] resemble each other.
For example, Pe'or - See Numbers,
Chapter 25, which describes the Jews' worship of this image. See also Sanhedrin 61a.
is served by defecating before it. Marculis - The Aruch identifies the Hebrew Marculis with
the Greek god, Mercury. He notes that the form used to represent the deity and
its manner of service resemble that found in Roman and Greek sources. See Tosafot, Sanhedrin 64a for a different interpretation.
is served by throwing stones at it - Note Halachah 5.
or clearing stones away from it. - Clearing away these stones leaves more
room for others to throw. Hence, such an act is also considered to be service
of the deity (Sanhedrin 64a).
Similarly, other services were instituted for other idols. One
who defecates before Marculis or throws a stone at Pe'or is free of liability -
for he did not serve the god in the service required for it, or through one of
the four services which were accepted as modes of worship for all gods, as
explained in the following halachah. One might think that a person would be
held liable for serving one of these gods in the manner used to serve the
other, since they are both served in an unbecoming manner. Sanhedrin 61a teaches us that, nevertheless, one
is not liable.
until he serves it according to the accepted mode of service, as
[implied by Deuteronomy 12:30]: "[Lest
one inquire about their gods, saying,] 'How did these nations serve their gods?
I will do the same.' -The Torah's inclusion of such a question implies that
this knowledge is significant. A person who does not worship an idol in the
accepted mode of service is not liable (Sanhedrin, ibid.).
For this reason, a court must know the types of worship
[practiced by gentiles] - Note Chapter 2, Halachah 2, which forbids the study
of idolatrous practices. Apparently, license to do so is granted the sages to
allow them to gain the knowledge mentioned in this halachah. (See Sanhedrin 68a.)
because an idolater is stoned to death only when we know that
[he has worshiped a false god] in the mode in which it is traditionally
worshiped. - Thus, were the court
not cognizant of the different modes of idol worship, they could not administer
the appropriate punishment.
Commentary Halacha 3
The warning [forbidding] such worship and the like is the verse
[Exodus 20:5] which
states: "Do not serve them." - Sefer
HaMitzvot(Negative Commandment 6) and Sefer
HaChinuch (Mitzvah 29)
consider this to be one of the 613 mitzvot of the Torah. It, to be
distinguished from the prohibition against the belief in false gods (Sefer
HaMitzvot, Negative Commandment 1), involves the performance of deeds of
worship in service of false gods.
The Ramban (Hasagot L'Sefer HaMitzvot) considers the two
prohibitions as one negative mitzvah. The Rambam's view, however, is justified
by other authorities.
When does the above - that
one is liable only when performing services with which a deity is worshiped
apply? with regard to services other than bowing - See Chapter 6, Halachah 8, which
states that this means bowing one's face to the ground, whether bending,
kneeling, or totally prostrate on the ground.
slaughtering [an animal], bringing a burnt offering, and
offering a libation. - Since
these four modes of worship are accepted services of the true God, using them
to serve false gods is absolutely forbidden (Sefer HaMitzvot, Negative
Commandment 6). Therefore,
A person who performs one of these four services to any one of
the types of false gods is liable, even though this is not its accepted mode of
service. - In Halachah 6, the
Rambam discusses paying reverence or showing affection to false gods through
services with which the true God is not worshiped.
How is this exemplified? A person who offers a libation to Pe'or
or slaughters [an animal] to Marculis - despite
the fact that they are served in other ways, as explained in the previous
halachah
is liable, as [implied by Exodus 22:19]:
"Whoever slaughters [an animal] to any deity - Note Rashi, Sanhedrin 60b, who explains that since the verse
does not state, "Whoever worships a deity through sacrifice," we can
conclude that the sacrifice of an animal is sufficient for one to be held
liable, even when this is not the accepted mode of service.
other than God alone must be condemned to death." - He is stoned to death.
[Liability for performing the other services - pouring a libation and bringing a
burnt offering, which are not explicitly forbidden by the Torah.
can be derived as follows:] Slaughter was included in the
general category of services [forbidden to be performed to false gods]. Why was
it mentioned explicitly? To teach [the following]: - This represents an example of the
eighth of Rabbi Yishmael's thirteen principles of Biblical exegesis:
When a specific case is first included in a general category and
then, singled out to instruct us regarding a new concept, we assume that it has
been singled out not only to teach us concerning its own case, but rather for
that new idea to be applied with regard to the totality of the general
category.
Slaughter is distinct as one of the services of God - i.e., it is a particular case included
in a general category
and one who slaughters to false gods is liable to be executed by
stoning. - This is the new
concept for which the Torah singled out this service to teach us. Following the
above rule, we conclude
Similarly, with regard to any service which is distinct as one
of the services of God, if a person performs it in worship of other gods, he is
liable - for execution.
For [a similar reason, Exodus 34:14] states:
"Do not bow down to another god" - Sefer
HaMitzvot (Negative
Commandment 5) and Sefer
HaChinuch (Mitzvah 28)
consider this to be one of the 613 mitzvot of the Torah. This prohibition also
includes performing the other three services mentioned above.
In this instance as well, the Ramban (Hasagot L'Sefer
HaMitzvot) considers this prohibition to be included within the first
negative mitzvah, the prohibition against believing in false gods. The Rambam's
view, however, is justified by other authorities.
to teach that one is liable for bowing down [to another god]
even when this is not its accepted mode of service. - Bowing down is not considered to be
one of the Temple services. Hence, it - as opposed to bringing a burnt offering
or pouring a libation - cannot be derived from the prohibition against
sacrificing, and requires a unique verse of its own.
The same applies to one who brings a burnt offering - be it an animal, incense, or any other
substance
or pours a libation. Sprinkling [blood] - before an idol or on its altar
is considered the same as pouring a libation - and is forbidden even if this is not
the accepted mode of service.Sanhedrin (ibid.)
equates sprinkling blood with offering a libation, based on Psalms 16:4: "Do not pour their libations of
blood."
Commentary Halacha 4
[Even if] one pours feces before it or pours a libation of urine
from a chamber pot before it, one is liable. - These are considered as libations (Avodah
Zarah 50b), for which one is
held liable even if this is not the mode in which the deity is worshiped.
If one slaughters a locust before it, one is not liable - for there is no concept of ritual
slaughter with regard to locusts. TheOr Sameach holds one liable when one sacrifices a
locust on an altar before a false deity.
unless this is the mode of service of that deity - in which instance one would be held
liable, based on the principles stated in Halachah 2.
Similarly, if one slaughters an animal lacking a limb for it - Note Avodah
Zarah 51a which states that
this leniency only applies to the slaughter of any animal lacking a limb. In
contrast, one is held liable for the slaughter of an animal with a
disqualifying physical blemish.
one is not liable - because
even the gentiles do not offer sacrifices of such animals
The Ra'avad holds one liable even for the slaughter of such an
animal or of a locust, explaining that although the Rambam's decision reflects
certain opinions mentioned in the Talmud, the final decision is that one is
held liable. He explains that such forms of slaughter are much closer to the
concept of the slaughter for sacrifice than the offering of feces or urine are
to the service of libation.
unless this is the manner of service of this deity - as explained above.
[The following rules apply when] a false god is worshiped by
[beating with] a staff - Note the Ra'avad, who emphasizes that the following
rules apply although the service of this deity does not involve breaking or
throwing a staff
[before it]: - This
interpretation is also followed by theShulchan Aruch, Yoreh De'ah 139:3.
If one breaks a staff before it - since this activity resembles the
slaughter of an animal
one is liable [for the worship of false gods] - To justify the seeming difficulty in
the Rambam's decisions mentioned by the Ra'avad (see above), theLechem
Mishneh explains that since
staffs figure in the worship of this deity, an act that resembles slaughter
that is performed with a staff is significant. In contrast, animals lacking
limbs and locusts are never used in the service of such deities; hence, their
slaughter is of no consequence.
[Note, however, the Ramah, who explains that one is liable only
when the deity is worshiped by breaking the stick.]
and [the deity] is forbidden. - to be used, as stated in Chapter 7,
Halachah 4. This interpretation depends on the female construction of the word נאסרת.
Other authorities quote the word in a masculine form and interpret it as a
reference to the staff. Since it was used in the worship of a false god, it is
forbidden, as stated in Chapter 7, Halachah 2.
If one threw a staff before it - since this activity resembles pouring
a libation before an idol
one is held liable, but [the deity] - or the staff
is not forbidden - This
decision makes the Rambam's line of reasoning difficult to follow. If throwing
the staff is not comparable to sprinkling blood, why is one held liable for it?
Accordingly, some commentaries have explained that this decision applies only
when the deity is worshiped by throwing staffs. The Pri Chadash, however,
differentiates between the liability of the worshiper (for which a sprinkling
that spatters is not required) and the prohibition of the worship of the deity
(for which it is).
because throwing a staff is not considered equivalent to
sprinkling blood. The staff remains as it was - a single whole entity
while the blood spatters [in different directions]. - Since the reason that these services
are considered significant even though the deity is not normally worshiped in
this manner is that these services were performed in the Temple, the analogy
must be complete. Thus, the entity poured or thrown before the deity must
spatter, as blood spatters when sprinkled on the altar (Avodah Zarah,
ibid.).
A person who accepts any one of the various false gods - which
already exist
as a deity - even
though he does not perform a deed of worship
is liable for [execution by] stoning. - The Rambam mentions that one is liable
for stoning specifically. Generally, the term "liable" means
"liable to bring a sacrifice." In this instance, however, a person
who makes such a statement inadvertently is not obligated to bring a sacrifice.
A sacrifice is only brought when one performs a deed in violation of the
Torah's command (Hilchot Shegagot 1:2).
Even one who - creates
a new false god for himself (Lechem Mishneh)
lifted up a brick - The Lechem Mishneh explains that this expression is
merely a figure of speech. There is no need to perform a deed - lifting up the
brick - for one to be held liable.
and said, "You are my god," or the like, is liable. - When two people do not witness this
declaration, the death penalty may not be administered by the court. The person
is, however, liable for karet (premature death at the hand of God)
if he made his statements intentionally.
Even if he retracted his statements in the midst of speaking - As explained above (Chapter 2,
Halachah 9), this term has a specific meaning, the amount of time it takes to
say 18ךילעáםולש יבר.
and said, "This is not my God," his retraction is not
significant - Although a
retraction made in this amount of time is normally considered significant,
different rules apply with regard to the acceptance of false gods. It is
assumed that a person would never make such a statement unless he were fully
aware of its ramifications.
and he should be stoned [to death].
Commentary Halacha 5
Anyone who serves a false god through its accepted mode of
service - Regardless of the nature of that service
even if he does so in a derisive manner - i.e., both the act he performs and his
intent in performing it is to abuse the false deity
is liable - for a
sacrifice, as will be explained. This is an extension of the principle stated
in Halachah 2.
What is implied? When a person defecates before Pe'or to
repudiate it, or throws a stone at Marculis to repudiate it -Sanhedrin 64a relates that one of the
Sages of the Talmud actually made such an error and threw a rock at a shrine of
Marculis, with the intent of destroying it. When the matter was brought before
his colleagues, they informed him of his mistake.
since this is the manner of serving them - the person is liable
and must bring a sacrifice [to atone for] his inadvertent transgression. - Although he consciously performed an
act which is considered to be worship of these gods, since his intent was not
to serve them, he is not considered to be one who willfully serves idols.
Hence, he is not punished by the court for his deed, nor is he obligated for karet by God. Since he, nevertheless, did
perform an act of worship to these gods, he must bring a sacrifice for
atonement.
The above represents the Kessef
Mishneh's interpretation of
this halachah. Many other authorities (see Tosafot,
Sanhedrin 64a) disagree, and
maintain that even in such circumstances, one could be held liable for capital
punishment. For example, two witnesses who knew the law were present and warned
the person against repudiating the idol in this fashion. He ignored their
warning and performed the derisive act of worship. Although his intent was not
to serve the deity, since he performed an act of worship despite the warning he
was given, he is liable for execution.
Rav Kapach brings support for the Kessef Mishneh's view from the Rambam's Commentary on
the Mishnah, Sanhedrin 7:6. There, the Rambam discusses a
similar situation and states that a person who performs such service "is
liable for a sin offering." In the original texts of that commentary, the
Rambam stated that the person "is liable." The addition of the words
"for a sin offering" appear to indicate that he is liable only for an
offering, but not for punishment by the court. Note also Hilchot Yesodei HaTorah 5:4, where the Rambam states that a
person who unknowingly worships a false god is not liable for his deeds.
Commentary Halacha 6
[The following rules apply when] a person serves a false deity
out of love - i.e., he desires an image because its service is very attractive
-The commentaries note that the Rambam interprets "out of love"
differently from "out of fear." "Out of love" refers to a
love for the image and its service, while "out of fear" means fear of
what the deity can do to the person.
Rav Kapach explains the Rambam's position, justifying the need
for such a difference in interpretation. Most idolaters do not worship their
images out of a genuine conviction that they are the true god, but rather for
the benefit they feel this service will bring them. Therefore, were a person to
serve an idol with this intent in mind, the Rambam would hold him liable. In
contrast, were he to serve out of fear, he is not considered to be acting on
his own volition, and hence is not held responsible.
or when one serves it out of his fear of it - i.e., he fears
that it will harm him - as the [idol] worshipers fear [their deities as sources
of] benefit and harm: - See
Chapter 1, Halachot 1-2.
If he accepts it as a god - and
serves it as an act of worship
he is liable to be stoned to death - as stated in Halachah 1.
If he serves it out of love or fear - without accepting it as a god - even
though he served it
through its accepted mode of service - as mentioned in Halachah 2
or through one of the four services [mentioned above] - in Halachah 3,
he is not held liable - since
he did not accept the deity as a god.
Although the Rambam's opinion is questioned by many other
authorities, it is based on an established tradition of Talmudic
interpretation. This halachah is based on Sanhedrin 61b. That passage is also quoted in Shabbat 72b. Rabbenu Chanan'el, one of the
foremost commentators in the generations between the Geonim and the Rambam,
interprets the latter passage using the same concepts _ and almost the same
phraseology _ as employed by the Rambam here.
The Ra'avad and others challenge the Rambam's interpretation and
explain that "out of love" and "out of fear" mean:
motivated by the love or fear of the person who tries to influence one to
worship the false deity. The Rambam cannot accept this interpretation, because
in Hilchot Yesodei Torah 5:4, he states that a person who is
forced to serve false gods is not held liable for his deeds (Kessef Mishneh).
The fact that a person is not held liable for such service does
not at all minimize the seriousness of the prohibition involved. In no way is
one allowed to serve false gods for such reasons. Even with regard to the
Ra'avad's interpretation "out of fear" - i.e., out of fear of a
person - the Ramah (Yoreh De'ah 150:3)
prohibits performing any act that might be interpreted as idol worship - e.g.,
bowing to a ruler who is wearing an image.
One who embraces a false deity, kisses it, sweeps before it,
mops before it, washes it, anoints it, dresses it, places shoes upon it, or
performs any similar act of deference violates a negative commandment, as
[implied by Exodus 20:5]: "Do
not serve them." - This
commandment is described in Halachot 2 and 3.
Such acts are also "service." The offender is,
nevertheless, not -executed, as is one who worships a false deity, nor is he
punished by lashes, because [these services] are not [mentioned]
explicitly [by the Torah]. - The Kessef Mishneh explains that punishment is not given
because this prohibition is a 18ואל תוללכבש - i.e., it includes many different
forbidden acts. Lashes are not given for the violation of such a prohibition,
as stated in Hilchot Sanhedrin 18:2-3.
To explain: The prohibition, "Do not serve them," is
twofold in nature. It prohibits the worship of a false deity through its
accepted modes of service, as stated in Halachah 2. This is a sin punishable by
death. The same prohibition also forbids these expressions of affection or
reverence. These deeds are not, however, punishable by death because they are
not acts of worship.
Since violation of this prohibition incurs a penalty of
execution, it is not associated with the punishment of lashes. Since, in
essence, this prohibition is not associated with lashes, even the many
transgressions of a lesser nature which are also included within this
prohibition are also not punishable in this manner (Rav Kapach).
If one of the above services - kissing,
and the like
was the accepted mode of worship [of a particular deity] and a
person performed this service as an act of worship - and not merely as an expression of
emotion. The Lechem Mishneh questions the addition of the words
"as an act of worship," noting that in Halachah 5, the Rambam holds
one liable for performing the service with which Pe'or or Marculis was
worshiped, even though one's intent was to repudiate the idols. Thus, it
appears that once a person performs a service which is the accepted mode of
worship, his intent is no longer significant.
The Pri Chadash resolves this difficulty, explaining
that the extent of liability is different. In the previous halachah, the
offender was liable for a sin offering alone, while here,
he is liable [for execution] - as
stated in Halachah 2.
Commentary Halacha 7
If a splinter becomes stuck in a person's foot before an idol,
he should not bend down to remove it, because it appears that he is bowing down
to the idol. - Avodah Zarah 12a states that if the person turns
his back or side to the idol, his bowing would not be considered to be an act
of deference, and no prohibition is involved.
Even if no other people are present, this and the following
prohibitions apply. Any prohibition that was instituted because of the
impression which might be created (18ןיעáתיארמ) is forbidden even in a person's
most private chambers.
If money belonging to a person becomes scattered before an idol,
he should not bow down and pick it up, because it appears that he is bowing
down to the idol. - From the
commentaries' discussion of this law, it appears that if the person does bow
down, he is not held liable for his actions.Kin'at Eliyahu questions the difference between this
decision and Halachah 5, which holds a person who throws a stone to Marculis
with the intent to repudiate it liable for a sin offering. He resolves that
difficulty, explaining that in Halachah 5, the person intended to throw the
stone at the idol. Since that act constitutes worship of this deity, he is held
liable. In contrast, in our halachah the person did not bow down to the idol at
all. The only reason the bowing is prohibited is that a mistaken impression
might be created.
Instead, he should sit down, and then pick it up. - Avodah Zarah (ibid.) mentions a third prohibition,
that a person should not bow down to drink from a spring that flows in front of
an idol. The Kessef Mishneh notes that Rav Yitzchak Alfasi also
omits this law, and explains that it was not contained in their text of the
Talmud. (This is somewhat unlikely, since it is found in Rabbenu Chanan'el's
text of Avodah Zarah.)
The Radbaz (Vol. V, Responsum 1389) states that this law is
included in the law mentioned in the following halachah. Hence, it is not
mentioned explicitly by the Rambam.
Commentary Halacha 8
A person should not place his mouth over the mouths of statues
which serve as fountains that are located before false deities in order to
drink, because it appears - In the context of the discussion of this law, the
Ramah (Yoreh De'ah150:3) states an important general principle. Prohibitions
which were instituted because of the impression which might be created (מראית עין)
need not be upheld whenever there is a threat to human life.
that he is kissing the false deity. - This prohibition is also mentioned inAvodah
Zarah (ibid.).
The commentaries have noted a slight difficulty in the Talmud's
(and thus, the Rambam's) phraseology. The opening clause describes the statues
as merely "located before false deities," while from the latter
clause it appears that the statue itself is the false deity.
Commentary Halacha 9
A person who has a false god made for himself - even though he,
himself, did not actually fashion it - i.e.,
he commissioned another person to make the idol for him.
nor worship it - i.e.,
although he commissioned the fashioning of the idol, he did not worship it or
explicitly accept it as a god. Accordingly, he is not punished by execution as
above. He is, nevertheless, considered to have violated a prohibition, and
is [liable for] lashes - The Lechem Mishneh questions this statement, noting that
lashes are not given for a transgression which does not involve a deed, and
that speech is not ordinarily considered to be a deed. He explains that since
the craftsman fashions the idol on behalf of the person who commissioned him,
he is considered to be the latter's agent. Therefore, the one who commissioned
him is held responsible for his deed.
The commentaries question this explanation, noting that - with
the exception of a few specific instances - the Torah never holds a person who
commissions another individual to commit a sin liable, since the person who
actually committed the sin is responsible for his actions. Also, the Rambam's
phraseology here implies that one is held liable regardless whether the
craftsman is a Jew or gentile, and a gentile is never given the halachic status
of an agent.
The following are among the resolutions offered to this
difficulty:
a) A hired worker's actions - whether positive or negative - are always attributed to his employer (Machaneh Efrayim, Hilchot Shutafim 8).
b) The verse prohibiting this act reveals that this is one of the few exceptions to the general rule mentioned above, and in this case, the person who commissioned the agent is held liable (Darchei HaMelech).
c) Commenting on Hilchot Sechirut 13:2, the Mishneh LaMelech explains that if it is possible to violate a particular prohibition by committing a deed, one is punished by lashes even when one violates it without committing a deed. The same concept can be applied here (S'deh Chemed).
d) The deed for which one is punished is not the command to make the idol, but rather its purchase or acquisition (Merchevat HaMishneh, Alfandari).
a) A hired worker's actions - whether positive or negative - are always attributed to his employer (Machaneh Efrayim, Hilchot Shutafim 8).
b) The verse prohibiting this act reveals that this is one of the few exceptions to the general rule mentioned above, and in this case, the person who commissioned the agent is held liable (Darchei HaMelech).
c) Commenting on Hilchot Sechirut 13:2, the Mishneh LaMelech explains that if it is possible to violate a particular prohibition by committing a deed, one is punished by lashes even when one violates it without committing a deed. The same concept can be applied here (S'deh Chemed).
d) The deed for which one is punished is not the command to make the idol, but rather its purchase or acquisition (Merchevat HaMishneh, Alfandari).
as [Exodus 20:5] states:
"Do not make for yourself an idol or any representation." - The grammatical structure of this
verse allows it to be interpreted, "Do not have an idol... made for
you." Sefer HaMitzvot (Negative Commandment 2) and Sefer HaChinuch (Mitzvah 27) consider this to be one
of the 613 mitzvot of the Torah.
Similarly, a person who actually fashions a false god for
others, even for - gentile
idolaters - even
when he merely acts as a craftsman and does not worship or believe in the idol
himself.
is [liable for] lashes, as [Leviticus 19:4] states:
"Do not make molten gods for yourselves." - Sefer HaMitzvot (Negative Commandment 3) andSefer
HaChinuch (Mitzvah 214)
consider this to be one of the 613 mitzvot of the Torah.
Accordingly, a person who actually fashions a false god for
himself -violates both of the above prohibitions. Therefore, he
receives two measures of lashes. - See Hilchot
Sanhedrin 17:4 for a
description of how punishment is administered when a person is liable for more
than one measure of lashes.
Commentary Halacha 10
It is prohibited to make images for decorative purposes, even
though they do not represent false deities - i.e.,
they were made as decorations and works of art, without any intent that they be
worshiped.
as [implied by Exodus 20:23]: "Do
not make with Me [gods of silver and gods of gold]." - Sefer HaMitzvot (Negative Commandment 4) and Sefer HaChinuch (Mitzvah 39) consider this to be one
of the 613 mitzvot of the Torah.
This refers even to images of gold and silver which are intended
only for decorative purposes, lest others err and view them as deities. - The Rambam's statement sheds light on
an interesting Rabbinic debate. The Sages of the Talmud often established
"fences around the Torah" - i.e., safeguards to prevent the violation
of Torah law. (See Avot 1:1.) There is a question whether the
Torah itself instituted prohibitions for such a purpose - i.e., are there
mitzvot that are instituted without a self-contained goal of their own, but
merely to prevent the violation of other prohibitions? (See Lekach Tov 8.)
From the Rambam's statements here (see also Hilchot De'ot 7:8), it appears that he accepts such
a premise. It appears that there is nothing intrinsically wrong in making
statues per se. Nevertheless, since if such statues are made, the possibility
exists that they may be worshiped, the Torah forbids us to make them.
It is forbidden to make decorative images of the human form
alone. - As explained in the
following halachah, this prohibition also applies to the sun, the moon, and
other celestial beings. It is permitted to make an image of all creations of
our world aside from man.
Avodah Zarah 43b derives
this from the above verse. The Hebrew words translated as "Do not make
with Me..." can also be rendered, "Do not make Me..." - i.e., do
not make images in the human form, the form in which God has revealed himself (Siftei
Cohen, Yoreh De'ah 141:21).
Therefore, it is forbidden to make human images with wood,
cement, or stone - or any other
material. The Rambam mentioned these materials because they were commonly used
in his time.
This [prohibition] applies when the image is protruding - for
example, images and sculptures made in a hallway and the like. - The Tur (Yoreh De'ah 141) states that we are forbidden to
make only a complete human statue. A bust of a head alone or a statue which is
lacking any one of the body's limbs is not forbidden. Though the Shulchan Aruch (141:7) does not accept this view, it
is shared by the Ramah.
A person who makes such an image is [liable for] lashes - but not by execution, since these
statues were not worshiped as idols.
In contrast, it is permitted to make human images that are
engraved or painted - e.g., portraits, whether on wood or on stone - or that
are part of a tapestry. - Though
the images on a tapestry protrude slightly, since they are not are a fully
formed statue, there is no prohibition involved in making them. Note the
contrast to the prohibition against making images of the celestial beings mentioned
in the following halachah and commentary.
Commentary Halacha 11
[The following rules apply regarding] a signet ring - In ancient times, it was customary for
rulers to seal their documents with a signet ring. (See Esther 8:8.) Wax would be poured on the document
and the ring pressed into the wax, producing an imprint which is a reverse
image of that on the ring.
which bears a human image: If the image is protruding, it is
forbidden to wear it - on one's
finger, because a protruding image is forbidden, as stated in the previous
halachah.
but it is permitted to use it as a seal - for the human image it produces is
sunken into the wax.
If the image is an impression, it is permitted to wear it - because there is not prohibition
against such a human image
but it is forbidden to use it as a seal, because it will create
an image which protrudes - which
is forbidden.
Similarly, it is forbidden to make an image of the sun, the
moon, the stars, the constellations - Our
understanding of the Rambam's statements here can be enhanced by referring to
his Commentary on the Mishnah, Avodah
Zarah 3:3:
This does not mean a sphere which represents the sun or a
hemisphere which represents the moon, but rather the images which the
astrologers [i.e., those following Greek mythology] attribute to the stars,...
e.g., Saturn is represented as an old dark man of venerable age, Venus is
represented as a a beautiful maiden adorned with gold, and the sun is
represented as a king with a diadem sitting in a chariot.
[These are forbidden because] they are falsehoods and the nature of falsehood is that it will surely spread.
[These are forbidden because] they are falsehoods and the nature of falsehood is that it will surely spread.
Rav Kapach supports this interpretation by quoting BeMidbar Rabbah 2:6, which describes the pennant of
the tribe of Issachar as having a picture of the sun and the moon. Were these
images forbidden, it would be unlikely that Moshe would have told the tribe to
depict them. Even if the decree was instituted in the later generations, it is
not probable that the Rabbis would forbid images that had previously been used
for a Torah purpose.
The Ramah (Yoreh De'ah 141:3)
quotes the Rambam's opinion. The Turei
Zahav 141:13 and the Siftei Cohen 141:8, however, note that the Rambam's
statements which were quoted above (and the Ramah's statements) refer to a
question whether one is allowed to keep images of the sun or moon that he
finds. Here, the question is whether one is allowed to make such images
oneself. From the discussion of the question in Avodah Zarah 43b, where the Sages question how
Rabban Gamliel possessed forms of the moon, it would appear that there is a
prohibition against making images of the sun and the moon themselves.
This interpretation, however, is also somewhat problematic,
because the Rambam writes that there is no prohibition against making images of
animals, and some of the constellations of the Zodiac are represented and
referred to as animals. For example, one of the Zodiac constellations is a fish
and Gittin 36a describes Rav as making a drawing
of a fish. Another is a lion, which is one of the most popular images found in
Jewish art.
or the angels - As
the Rambam writes in Hilchot
Yesodei HaTorah 2:3-5, the
angels have no body or form. Hence, here, he is obviously referring to a form
which a man has conceived of as appropriate for a particular angel.
Alternatively, it could refer to the metaphoric imagery used by the prophets.
as [implied by Exodus, ibid.]: "Do not make with Me [gods
of silver...]" -The Rambam (quoting Avodah
Zarah, ibid.) mentions the above Biblical proof-text in connection with
this prohibition. It would appear, however, from the fact that making such
images is not punishable by lashes, that the prohibition is only Rabbinic in
nature. The reference to the verse must be understood as anasmachta (use of the Biblical verse as a
support for a Rabbinic decree).
i.e., do not make images of - those
who are "with Me" - i.e.,
My servants, those who serve before Me on high. _ This refers to the celestial beings
and the angels. (See Chapter 1, Halachah 1, and Hilchot Yesodei HaTorah 2:3.)
This [prohibition] - is
more severe than the prohibition against making human images, and
applies even [to pictures] on tablets. - According to the Rambam's statements
in his Commentary on the Mishnah, the difference between the prohibition
against making these images and those of humans can be explained as follows:
The prohibition against making human statues is Biblical in origin and is
defined by the Torah itself. In contrast, the prohibition of making images of the
celestial beings was a safeguard instituted by the Rabbis against Greek and
Roman culture. It, therefore, applies to all images, whether pictures or
statues, because both could influence people to stray from the Torah's ways.
According to the simple interpretation of the terms
"sun" and "moon," the difference can be explained as
follows: The sun and the moon, as we perceive them, appear against the
background of the sky. Therefore, for a representation of them to be forbidden,
it also need not protrude (Tosafot, 14Avodah Zarah, ibid.).
The images of animals and other living beings - with the
exception of men - Avodah
Zarah 42b also
mentions a prohibition against making the image of a d'rakon which Rashi and others
interpret as an animal similar to a serpent.
In his Commentary on the Mishnah (ibid.), the Rambam describes
this image as a fishlike man with fins and many scales, probably referring to
the Greek god Neptune.
and similarly, the images of trees, grasses, and the like may be
fashioned. This - leniency
applies even to images which protrude. - From these two halachot, particularly
according to the Rambam's understanding as reflected in his Commentary on the
Mishnah, we see that there is no conflict between Torah law and aesthetics.
There are only two restrictions: realistic human statues (and according to some
authorities, these must be complete, full-bodied statues) and depictions of
pagan gods. Even according to the other opinions which forbid depictions of the
sun, the moon, and the like, there is no prohibition against abstract
portrayals of these entities. No other restrictions apply at all.
There is definitely a divergence between the approach to life
that spawned much of the art forms of Western culture and a Torah lifestyle.
Perhaps for that reason, many religious Jews have traditionally shunned
participation in and patronage of the arts. In the present generation, however,
a number of our Torah leaders have urged religious artists to dedicate
themselves to expressing Torah ideas and values in a variety of art forms,
explaining that:
a) Through these media, it is possible to reach many Jews who might never enter a synagogue or Torah center;
b) Everything in the world was created to be used by the Jews for a Torah purpose (Rashi, Genesis 1:1). This also applies to art. Using these art forms for Torah purposes expresses the true intent for their creation and endows them with a depth of meaning and inspiration - and in its deepest sense, a new wellspring of creativity.
a) Through these media, it is possible to reach many Jews who might never enter a synagogue or Torah center;
b) Everything in the world was created to be used by the Jews for a Torah purpose (Rashi, Genesis 1:1). This also applies to art. Using these art forms for Torah purposes expresses the true intent for their creation and endows them with a depth of meaning and inspiration - and in its deepest sense, a new wellspring of creativity.
According to Kabbalah, God's presence is more manifest in the sefirah of Tiferet("Beauty")
than in any other sefirah.
Thus, the challenge confronting a Torah artist today is to use beauty as a
medium to express Godly truth.
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Hayom Yom:
• Wednesday, 21 Shevat 5774 – 22 January 2014
"Today's Day"
Wednesday, 21 Sh'vat 5703
Torah lessons: Chumash:
Yitro, Revi'i with Rashi.
Tehillim: 104-105.
Tanya: As for the thought (p. 95)...are the commandments. (p.
97).
It is the duty of Chassidic wives and daughters (may they live
and be well) to stand in the first rank of every activity dedicated to
strengthening religion and Judaism in general, particularly concerning taharat
hamishpacha.1 They must organize a Society of Chassidic Daughters to reinforce
all the chassidic practices concerning upbringing and education of children -
as prevalent from time immemorial in chassidic homes.
FOOTNOTES
1. Lit: "Purity of the Family." Describes Torah laws
concerning marriage, particularly Mikva, and all observances related to family
sanctity. See Kislev 29; Nissan 10.
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Daily Thought:
Science & G-d
In the nineteenth century, many scientists had no use for G‑d. Instead, they worshipped a tight chain of cause and effect
that left no room for miracles, providence or prophecy.
But then the scientist looked into the atom, and the wonder of
the universe opened before him. The iron chain of cause and effect was
loosened, and Determinism deposed from its throne. Today, once again there is
room for G‑d in the minds
of human beings.
--
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