Today in Judaism: TODAY IS: SHABBAT, ADAR I 29, 5774 • MARCH 1, 2014 - SHEKALIM
Torah Reading:
Pekudei (Shemot 38:21 These are the pekudei Mishkan, even of the Mishkan HaEdut, as it was recorded, according to the command of Moshe, for the Avodat HaLevi’im, by the yad of Itamar ben Aharon the kohen.
22 And Bezalel ben Uri ben Chur, of the tribe of Yehudah, made all that Hashem commanded Moshe.
23 And with him was Oholiav ben Achisamach, of the tribe of Dan, an artistic carver, weaver, and an embroiderer in turquoise, and in purple, and in scarlet wool, and fine linen.
24 All the zahav that was occupied for the work in all the work of HaKodesh, even the zahav of the tenufah, was twenty and nine talents, and seven hundred and thirty shekels, after the shekel of HaKodesh.
25 And the kesef of them that were numbered of HaEdah was a hundred talents, and a thousand seven hundred and threescore and fifteen shekels, after the shekel of HaKodesh:
26 A bekah for every man, that is, half a shekel, after the shekel of HaKodesh, for every one that went to be numbered, from twenty years old and upward, for six hundred thousand and three thousand and five hundred and fifty men.
27 And of the hundred talents of kesef were cast the sockets of HaKadosh, and the sockets of the Parochet; a hundred sockets of the hundred talents, a talent for a socket.
28 And of the thousand seven hundred seventy and five shekels he made hooks for the ammudim, and overlaid their tops, and made bands for them.
29 And the nechoshet of the tenufah was seventy talents, and two thousand and four hundred shekels.
30 And therewith he made the sockets to the petach Ohel Mo’ed, and the Mizbe’ach HaNechoshet, and the mikhbar hanechoshet for it, and all the Klei HaMizbe’ach,
31 And the sockets of the khatzer all around, and the sockets of the khatzer sha’ar, and all the tent pegs of the Mishkan, and all the tent pegs of the khatzer all around.
39:1 And from the turquoise, and purple, and scarlet wool, they made bigdei serad (elaborately woven garments) for service in HaKadosh, and made Bigdei Hakodesh for Aharon; as Hashem commanded Moshe.
2 And he [Bezalel] made the Ephod of zahav, turquoise, and purple, and scarlet wool, and twisted fine linen.
3 And they did hammer the zahav into thin sheets, and cut threads, to work into the turquoise, and into the purple, and into the fine linen, the artistic weaver’s work.
4 They made attaching ketefot (shoulder straps) for it, which were attached to its two [upper] ends.
5 And the Cheishev (Belt) of his Ephod, which is upon it, was of the same according to the work thereof; of zahav, turquoise, and purple, and scarlet wool, and twisted linen; as Hashem commanded Moshe.
6 And they made the avnei shoham (onyx stones), set in settings of zahav, engraved, like chotam (signet ring) is engraved, according to the Shemot Bnei Yisroel.
7 And he fastened them upon the Kitfot HaEphod, that they should be Avnei Zikaron (Memorial Stones) unto the Bnei Yisroel; as Hashem commanded Moshe.
8 And he made the Choshen of artistic weaver’s work, like the workmanship of the Ephod; of zahav, turquoise, and purple, and scarlet wool, and fine twisted linen.
9 It was ravu’a (square); they made the Choshen folded double; a span was the length thereof, and a span the width thereof, being doubled.
10 And they set in it four rows of gemstones; the first row was an odem, a pitdah, and barekes; this was the first row.
11 And the second row, a nofech, sapphire, and yahalom.
12 And the third row, a leshem, shevo, and achlamah.
13 And the fourth row, a tarshish, shoham, and yashfeh; they were set in zahav in their settings.
14 And the gemstones were according to the Shemot Bnei Yisroel, Shteym Esreh (Twelve), according to their Shemot, like the engravings of a chotam (signet ring), every one with shmo, according to the Shnei Asar Shevet.
15 And they made upon the Choshen sharsherot (chains) at the ends braided artistic work of zahav tahor.
16 And they made two mishbetzot (filigrees) of zahav, and two rings of zahav; and put the two rings in the two ends of the Choshen.
17 And they fastened the two ropes of zahav into the two rings on the ends of the Choshen.
18 And the [other] two ends of the two ropes they fastened in the two filigree settings, and put them on the ketefot HaEphod toward its front.
19 And they made two rings of zahav, and put them on the two ends of the Choshen, upon the lower border therof, on the inside toward the Ephod.
20 And they made two other rings of zahav, and put them on the two kitfot HaEphod on the bottom, toward the front thereof, opposite the seam thereof, above the Cheishev HaEphod.
21 And they did bind the Choshen by its rings unto the rings of the Ephod with a turquoise woolen cord, that it might be above the Cheishev HaEphod, and that the Choshen might not be loosed from the Ephod; as Hashem commanded Moshe.
22 And he made the Me’il HaEphod of artistic weaver’s work, all of turquoise wool.
23 And there was a head opening in the top of the Me’il, in its center, like the opening of a coat of mail, with a border all around about the head opening, that it should not be torn.
24 And they made upon the hems of the Me’il pomegranates of turquoise, and purple, and scarlet wool, and twisted linen.
25 And they made bells of zahav tahor, and put the bells between the pomegranates upon the hem of the Me’il, all around between the pomegranates;
26 A bell and a pomegranate, a bell and a pomegranate, all around the hem of the Me’il to minister in; as Hashem commanded Moshe.
27 And they made the kuttanot (tunics) of fine linen of artistic weaver’s work for Aharon, and for his banim,
28 And a Mitznefet of fine linen, Pa’arei HaMigba’ot of fine linen, mikhnesei bahd,
29 And an Avnet of fine linen, and turquoise, and purple, and scarlet wool, of artistic embroidery; as Hashem commanded Moshe.
30 And they made the Tzitz Nezer HaKodesh of zahav tahor, and engraved upon it an inscription, like to the engravings of a chotam, KODESH LAHASHEM.
31 And they tied unto it a turquoise cord, to fasten it on the Mitznefet above; as Hashem commanded Moshe.
32 Thus was all the work of the Mishkan of the Ohel Mo’ed finished; and the Bnei Yisroel did according to all that Hashem commanded Moshe, so did they.
33 And they brought the Mishkan unto Moshe, the Ohel, and all its utensils, its hooks, its kerashim, its crossbars, and its ammudim, and its sockets,
34 And the Mikhseh of reddyed ram skins, and the Mikhseh of tachash skins, and the Parochet HaMasach,
35 The Aron HaEdut, and the carrying poles thereof, and the Kapporet,
36 The Shulchan, and all the utensils thereof, and the Lechem HaPanim,
37 The Menorah Hatehorah, with the nerot (lamps) thereof, even with the nerot (lamps) of the order prescribed, and all the utensils thereof, and the Shemen HaMaohr,
38 And the Mizbe’ach Hazahav, and the Shemen HaMishchah, and the aromatic ketoret, and the Masach petach HaOhel,
39 The Mizbe’ach Hanechoshet, and its mikhbar hanechoshet (grate, netting of copper), its carrying poles, and all its utensils, the Kiyor and its Stand,
40 The curtains of the khatzer (courtyard), its ammudim, and its sockets, and the masach Sha’ar HaKhatzer, its cords, and its tent pegs, and all the utensils of the Avodas HaMishkan, for the Ohel Mo’ed,
41 The bigdei serad for service in HaKadosh, and the Bigdei Hakodesh for Aharon the kohen, and the garments of his banim, to minister in the kohen’s office.
42 According to all that Hashem commanded Moshe, so the Bnei Yisroel did kol haAvodah.
43 And Moshe did inspect all the work, and, hinei, they had done it as Hashem had commanded, even so had they done it; vayevarech otam Moshe (and Moshe blessed them).
40:1 And Hashem spoke unto Moshe, saying,
2 On the first day of the first month shalt thou set up the Mishkan Ohel Mo’ed.
3 And thou shalt place therein the Aron HaEdut, and thou shalt cover so as to screen the Aron with the Parochet.
4 And thou shalt bring in the Shulchan, and set in order the things that are to be set in order upon it; and thou shalt bring in the Menorah, and kindle the Nerot thereof.
5 And thou shalt place the Mizbe’ach Hazahav L’Ketoret before the Aron HaEdut, and set up the Masach HaPetach LaMishkan.
6 And thou shalt set the Mizbe’ach HaOlah before the Petach Mishkan Ohel Mo’ed.
7 And thou shalt set the Kiyor between the Ohel Mo’ed and the Mizbe’ach, and shalt place mayim therein.
8 And thou shalt set up the khatzer (court) all around, and hang up the Masach Sha’ar Hakhatzer.
9 And thou shalt take the Shemen HaMishchah, and anoint the Mishkan, and all that is therein, and shalt set it apart as kodesh, and all the utensils thereof; and it shall be kodesh.
10 And thou shalt anoint the Mizbe’ach HaOlah, and all its utensils, and set apart as kodesh the Mizbe’ach: and it shall be Mizbe’ach kodesh kodashim.
11 And thou shalt anoint the Kiyor and its Stand, and set it apart as kodesh.
12 And thou shalt bring near Aharon and his banim unto the Petach Ohel Mo’ed, and immerse them with mayim.
13 And thou shalt dress Aharon with the Bigdei Hakodesh, and anoint him, and set him apart as kodesh; that he may minister unto Me in the kohen’s office.
14 And thou shalt bring near his banim, and dress them with kuttanot:
15 And thou shalt anoint them, as thou didst anoint their av, that they may minister unto Me in the kohen’s office: for their anointing shall surely be for them a kehunat olam throughout their dorot.
16 Thus did Moshe; according to all that Hashem commanded him, so did he.
17 And it came to pass in the first month in the second year, on the first day of the month, that the Mishkan was erected.
18 And Moshe erected the Mishkan, and fastened its sockets, and set up the kerashim thereof, and put in the crossbars thereof, and set up its ammudim.
19 And he spread the Ohel over the Mishkan, and put the Mikhseh of the Ohel on it from above; as Hashem commanded Moshe.
20 And he took and placed HaEdut (The Testimony, i.e., the Stone Tablets of the Ten Commandments) into HaAron, and set the carrying poles on the Aron, and put the Kapporet upon the Aron from above;
21 And he brought the Aron into the Mishkan, and set up the Parochet HaMasach, and shielded with a covering over the Aron HaEdut; as Hashem commanded Moshe.
22 And he put the Shulchan in the Ohel Mo’ed, upon the north side of the Mishkan, outside the Parochet.
23 And he set the Lechem in order upon it before Hashem; as Hashem had commanded Moshe.
24 And he put the Menorah in the Ohel Mo’ed, opposite the Shulchan, on the south side of the Mishkan.
25 And he set up the nerot (lamps) before Hashem; as Hashem commanded Moshe.
26 And he put the Mizbe’ach Hazahav in the Ohel Mo’ed before the Parochet;
27 And he burned ketoret spices thereon; as Hashem commanded Moshe.
28 And he set up the Masach HaPetach LaMishkan (Curtain of the Entrance of the Tabernacle).
29 And he put the Mizbe’ach HaOlah at the Petach Mishkan Ohel Mo’ed, and offered upon it the olah (burnt offering) and the minchah; as Hashem commanded Moshe.
30 And he set the Kiyor between the Ohel Mo’ed and the Mizbe’ach, and put mayim there, to wash withal.
31 And Moshe and Aharon and his banim washed their hands and their feet thereat;
32 When they went into the Ohel Mo’ed, and when they came near unto the Mizbe’ach, they washed; as Hashem commanded Moshe.
33 And he erected the khatzer (courtyard) all around the Mishkan and the Mizbe’ach, and set up the Masach Sha’ar HaKhatzer. So Moshe finished the work.
34 Then the Anan covered the Ohel Mo’ed, and the Kavod Hashem filled the Mishkan.
35 And Moshe was not able to enter into the Ohel Mo’ed, because the [Shekinah] cloud abode thereon, and the Kavod Hashem filled the Mishkan.
36 And when the Anan was taken up from over the Mishkan, the Bnei Yisroel went onward in all their journeys;
37 But if the Anan were not taken up, then they journeyed not till the day that it was taken up.
38 For the Anan Hashem was upon the Mishkan by day, and Eish was on it by night, in the sight of all the Bais Yisroel, throughout all their journeys. T.N. The Theme of gracious, unmerited Deliverance and Salvation for an Am Kesheh Oref (Obstinate Stiffnecked People) has been presented in the Second Book of Moses.)
Pekudei (Shemot 38:21 These are the pekudei Mishkan, even of the Mishkan HaEdut, as it was recorded, according to the command of Moshe, for the Avodat HaLevi’im, by the yad of Itamar ben Aharon the kohen.
22 And Bezalel ben Uri ben Chur, of the tribe of Yehudah, made all that Hashem commanded Moshe.
23 And with him was Oholiav ben Achisamach, of the tribe of Dan, an artistic carver, weaver, and an embroiderer in turquoise, and in purple, and in scarlet wool, and fine linen.
24 All the zahav that was occupied for the work in all the work of HaKodesh, even the zahav of the tenufah, was twenty and nine talents, and seven hundred and thirty shekels, after the shekel of HaKodesh.
25 And the kesef of them that were numbered of HaEdah was a hundred talents, and a thousand seven hundred and threescore and fifteen shekels, after the shekel of HaKodesh:
26 A bekah for every man, that is, half a shekel, after the shekel of HaKodesh, for every one that went to be numbered, from twenty years old and upward, for six hundred thousand and three thousand and five hundred and fifty men.
27 And of the hundred talents of kesef were cast the sockets of HaKadosh, and the sockets of the Parochet; a hundred sockets of the hundred talents, a talent for a socket.
28 And of the thousand seven hundred seventy and five shekels he made hooks for the ammudim, and overlaid their tops, and made bands for them.
29 And the nechoshet of the tenufah was seventy talents, and two thousand and four hundred shekels.
30 And therewith he made the sockets to the petach Ohel Mo’ed, and the Mizbe’ach HaNechoshet, and the mikhbar hanechoshet for it, and all the Klei HaMizbe’ach,
31 And the sockets of the khatzer all around, and the sockets of the khatzer sha’ar, and all the tent pegs of the Mishkan, and all the tent pegs of the khatzer all around.
39:1 And from the turquoise, and purple, and scarlet wool, they made bigdei serad (elaborately woven garments) for service in HaKadosh, and made Bigdei Hakodesh for Aharon; as Hashem commanded Moshe.
2 And he [Bezalel] made the Ephod of zahav, turquoise, and purple, and scarlet wool, and twisted fine linen.
3 And they did hammer the zahav into thin sheets, and cut threads, to work into the turquoise, and into the purple, and into the fine linen, the artistic weaver’s work.
4 They made attaching ketefot (shoulder straps) for it, which were attached to its two [upper] ends.
5 And the Cheishev (Belt) of his Ephod, which is upon it, was of the same according to the work thereof; of zahav, turquoise, and purple, and scarlet wool, and twisted linen; as Hashem commanded Moshe.
6 And they made the avnei shoham (onyx stones), set in settings of zahav, engraved, like chotam (signet ring) is engraved, according to the Shemot Bnei Yisroel.
7 And he fastened them upon the Kitfot HaEphod, that they should be Avnei Zikaron (Memorial Stones) unto the Bnei Yisroel; as Hashem commanded Moshe.
8 And he made the Choshen of artistic weaver’s work, like the workmanship of the Ephod; of zahav, turquoise, and purple, and scarlet wool, and fine twisted linen.
9 It was ravu’a (square); they made the Choshen folded double; a span was the length thereof, and a span the width thereof, being doubled.
10 And they set in it four rows of gemstones; the first row was an odem, a pitdah, and barekes; this was the first row.
11 And the second row, a nofech, sapphire, and yahalom.
12 And the third row, a leshem, shevo, and achlamah.
13 And the fourth row, a tarshish, shoham, and yashfeh; they were set in zahav in their settings.
14 And the gemstones were according to the Shemot Bnei Yisroel, Shteym Esreh (Twelve), according to their Shemot, like the engravings of a chotam (signet ring), every one with shmo, according to the Shnei Asar Shevet.
15 And they made upon the Choshen sharsherot (chains) at the ends braided artistic work of zahav tahor.
16 And they made two mishbetzot (filigrees) of zahav, and two rings of zahav; and put the two rings in the two ends of the Choshen.
17 And they fastened the two ropes of zahav into the two rings on the ends of the Choshen.
18 And the [other] two ends of the two ropes they fastened in the two filigree settings, and put them on the ketefot HaEphod toward its front.
19 And they made two rings of zahav, and put them on the two ends of the Choshen, upon the lower border therof, on the inside toward the Ephod.
20 And they made two other rings of zahav, and put them on the two kitfot HaEphod on the bottom, toward the front thereof, opposite the seam thereof, above the Cheishev HaEphod.
21 And they did bind the Choshen by its rings unto the rings of the Ephod with a turquoise woolen cord, that it might be above the Cheishev HaEphod, and that the Choshen might not be loosed from the Ephod; as Hashem commanded Moshe.
22 And he made the Me’il HaEphod of artistic weaver’s work, all of turquoise wool.
23 And there was a head opening in the top of the Me’il, in its center, like the opening of a coat of mail, with a border all around about the head opening, that it should not be torn.
24 And they made upon the hems of the Me’il pomegranates of turquoise, and purple, and scarlet wool, and twisted linen.
25 And they made bells of zahav tahor, and put the bells between the pomegranates upon the hem of the Me’il, all around between the pomegranates;
26 A bell and a pomegranate, a bell and a pomegranate, all around the hem of the Me’il to minister in; as Hashem commanded Moshe.
27 And they made the kuttanot (tunics) of fine linen of artistic weaver’s work for Aharon, and for his banim,
28 And a Mitznefet of fine linen, Pa’arei HaMigba’ot of fine linen, mikhnesei bahd,
29 And an Avnet of fine linen, and turquoise, and purple, and scarlet wool, of artistic embroidery; as Hashem commanded Moshe.
30 And they made the Tzitz Nezer HaKodesh of zahav tahor, and engraved upon it an inscription, like to the engravings of a chotam, KODESH LAHASHEM.
31 And they tied unto it a turquoise cord, to fasten it on the Mitznefet above; as Hashem commanded Moshe.
32 Thus was all the work of the Mishkan of the Ohel Mo’ed finished; and the Bnei Yisroel did according to all that Hashem commanded Moshe, so did they.
33 And they brought the Mishkan unto Moshe, the Ohel, and all its utensils, its hooks, its kerashim, its crossbars, and its ammudim, and its sockets,
34 And the Mikhseh of reddyed ram skins, and the Mikhseh of tachash skins, and the Parochet HaMasach,
35 The Aron HaEdut, and the carrying poles thereof, and the Kapporet,
36 The Shulchan, and all the utensils thereof, and the Lechem HaPanim,
37 The Menorah Hatehorah, with the nerot (lamps) thereof, even with the nerot (lamps) of the order prescribed, and all the utensils thereof, and the Shemen HaMaohr,
38 And the Mizbe’ach Hazahav, and the Shemen HaMishchah, and the aromatic ketoret, and the Masach petach HaOhel,
39 The Mizbe’ach Hanechoshet, and its mikhbar hanechoshet (grate, netting of copper), its carrying poles, and all its utensils, the Kiyor and its Stand,
40 The curtains of the khatzer (courtyard), its ammudim, and its sockets, and the masach Sha’ar HaKhatzer, its cords, and its tent pegs, and all the utensils of the Avodas HaMishkan, for the Ohel Mo’ed,
41 The bigdei serad for service in HaKadosh, and the Bigdei Hakodesh for Aharon the kohen, and the garments of his banim, to minister in the kohen’s office.
42 According to all that Hashem commanded Moshe, so the Bnei Yisroel did kol haAvodah.
43 And Moshe did inspect all the work, and, hinei, they had done it as Hashem had commanded, even so had they done it; vayevarech otam Moshe (and Moshe blessed them).
40:1 And Hashem spoke unto Moshe, saying,
2 On the first day of the first month shalt thou set up the Mishkan Ohel Mo’ed.
3 And thou shalt place therein the Aron HaEdut, and thou shalt cover so as to screen the Aron with the Parochet.
4 And thou shalt bring in the Shulchan, and set in order the things that are to be set in order upon it; and thou shalt bring in the Menorah, and kindle the Nerot thereof.
5 And thou shalt place the Mizbe’ach Hazahav L’Ketoret before the Aron HaEdut, and set up the Masach HaPetach LaMishkan.
6 And thou shalt set the Mizbe’ach HaOlah before the Petach Mishkan Ohel Mo’ed.
7 And thou shalt set the Kiyor between the Ohel Mo’ed and the Mizbe’ach, and shalt place mayim therein.
8 And thou shalt set up the khatzer (court) all around, and hang up the Masach Sha’ar Hakhatzer.
9 And thou shalt take the Shemen HaMishchah, and anoint the Mishkan, and all that is therein, and shalt set it apart as kodesh, and all the utensils thereof; and it shall be kodesh.
10 And thou shalt anoint the Mizbe’ach HaOlah, and all its utensils, and set apart as kodesh the Mizbe’ach: and it shall be Mizbe’ach kodesh kodashim.
11 And thou shalt anoint the Kiyor and its Stand, and set it apart as kodesh.
12 And thou shalt bring near Aharon and his banim unto the Petach Ohel Mo’ed, and immerse them with mayim.
13 And thou shalt dress Aharon with the Bigdei Hakodesh, and anoint him, and set him apart as kodesh; that he may minister unto Me in the kohen’s office.
14 And thou shalt bring near his banim, and dress them with kuttanot:
15 And thou shalt anoint them, as thou didst anoint their av, that they may minister unto Me in the kohen’s office: for their anointing shall surely be for them a kehunat olam throughout their dorot.
16 Thus did Moshe; according to all that Hashem commanded him, so did he.
17 And it came to pass in the first month in the second year, on the first day of the month, that the Mishkan was erected.
18 And Moshe erected the Mishkan, and fastened its sockets, and set up the kerashim thereof, and put in the crossbars thereof, and set up its ammudim.
19 And he spread the Ohel over the Mishkan, and put the Mikhseh of the Ohel on it from above; as Hashem commanded Moshe.
20 And he took and placed HaEdut (The Testimony, i.e., the Stone Tablets of the Ten Commandments) into HaAron, and set the carrying poles on the Aron, and put the Kapporet upon the Aron from above;
21 And he brought the Aron into the Mishkan, and set up the Parochet HaMasach, and shielded with a covering over the Aron HaEdut; as Hashem commanded Moshe.
22 And he put the Shulchan in the Ohel Mo’ed, upon the north side of the Mishkan, outside the Parochet.
23 And he set the Lechem in order upon it before Hashem; as Hashem had commanded Moshe.
24 And he put the Menorah in the Ohel Mo’ed, opposite the Shulchan, on the south side of the Mishkan.
25 And he set up the nerot (lamps) before Hashem; as Hashem commanded Moshe.
26 And he put the Mizbe’ach Hazahav in the Ohel Mo’ed before the Parochet;
27 And he burned ketoret spices thereon; as Hashem commanded Moshe.
28 And he set up the Masach HaPetach LaMishkan (Curtain of the Entrance of the Tabernacle).
29 And he put the Mizbe’ach HaOlah at the Petach Mishkan Ohel Mo’ed, and offered upon it the olah (burnt offering) and the minchah; as Hashem commanded Moshe.
30 And he set the Kiyor between the Ohel Mo’ed and the Mizbe’ach, and put mayim there, to wash withal.
31 And Moshe and Aharon and his banim washed their hands and their feet thereat;
32 When they went into the Ohel Mo’ed, and when they came near unto the Mizbe’ach, they washed; as Hashem commanded Moshe.
33 And he erected the khatzer (courtyard) all around the Mishkan and the Mizbe’ach, and set up the Masach Sha’ar HaKhatzer. So Moshe finished the work.
34 Then the Anan covered the Ohel Mo’ed, and the Kavod Hashem filled the Mishkan.
35 And Moshe was not able to enter into the Ohel Mo’ed, because the [Shekinah] cloud abode thereon, and the Kavod Hashem filled the Mishkan.
36 And when the Anan was taken up from over the Mishkan, the Bnei Yisroel went onward in all their journeys;
37 But if the Anan were not taken up, then they journeyed not till the day that it was taken up.
38 For the Anan Hashem was upon the Mishkan by day, and Eish was on it by night, in the sight of all the Bais Yisroel, throughout all their journeys. T.N. The Theme of gracious, unmerited Deliverance and Salvation for an Am Kesheh Oref (Obstinate Stiffnecked People) has been presented in the Second Book of Moses.)
TODAY'S LAWS & CUSTOMS:
• PARSHAT SHEKALIM
When the Holy Temple stood in Jerusalem, each Jew contributed an annual half-shekel to the Temple. The 1st of Adar marked the beginning of the collection of the shekalim. In commemoration, the Torah reading of the Shabbat that falls on or before Adar 1 is supplemented with the verses (Exodus 30:11-16) that relate G-d's commandment to Moses regarding the first giving of the half-shekel.
"Parshat Shekalim" is the first of four special readings added during or immediately before the month of Adar (the other three being "Zachor", "Parah" and "Hachodesh")
Links: The Shekalim Reading w commentary; Partner; Charity: an Anthology
• BLESSING THE NEW MONTH
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Adar II.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon. Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links:
On the Significance of Shabbat Mevarchim
Tehillim (the Book of Psalms)
The Farbrengen
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Pekudei, 7th Portion Exodus 40:28-40:38 with Rashi
• Chapter 40
28. He placed the screen for the entrance of the Mishkan. כח. וַיָּשֶׂם אֶת מָסַךְ הַפֶּתַח לַמִּשְׁכָּן:
29. The altar of the burnt offering he placed in front of the entrance of the Mishkan of the Tent of Meeting, and he offered up the burnt offering and the meal offering upon it as the Lord had commanded Moses. כט. וְאֵת מִזְבַּח הָעֹלָה שָׂם פֶּתַח מִשְׁכַּן אֹהֶל מוֹעֵד וַיַּעַל עָלָיו אֶת הָעֹלָה וְאֶת הַמִּנְחָה כַּאֲשֶׁר צִוָּה יְהֹוָה אֶת משֶׁה:
and he offered up the burnt offering and the meal offering upon it: Even on the eighth day of the investitures-which was the day of the setting up of the Mishkan-Moses officiated and offered up the communal sacrifices, with the exception of those that Aaron was commanded [to offer up] on that day, as it is said: “Approach the altar” (Lev. 9:7).
ויעל עליו וגו': אף ביום השמיני למלואים, שהוא יום הקמת המשכן, שמש משה והקריב קרבנות צבור, חוץ מאותן שנצטוו בו ביום, שנאמר (ויקרא ט ז) קרב אל המזבח וגו':
the burnt offering: The daily burnt offering.
את העלה: עולת התמיד:
and the meal offering: [This refers to] the meal offering of the libations of the daily burnt offering, as it is said: “And one-tenth of fine flour, thoroughly mixed with… oil” (Exod. 29:40).
ואת המנחה: מנחת נסכים של תמיד, כמו שנאמר (שמות כט מ) ועשרן סלת בלול בשמן וגו':
30. He placed the washstand between the Tent of Meeting and the altar, and there he put water for washing, ל. וַיָּשֶׂם אֶת הַכִּיֹּר בֵּין אֹהֶל מוֹעֵד וּבֵין הַמִּזְבֵּחַ וַיִּתֵּן שָׁמָּה מַיִם לְרָחְצָה:
31. and Moses, Aaron, and his sons would wash their hands and their feet from it. לא. וְרָחֲצוּ מִמֶּנּוּ משֶׁה וְאַהֲרֹן וּבָנָיו אֶת יְדֵיהֶם וְאֶת רַגְלֵיהֶם:
and Moses, Aaron, and his sons would wash: On the eighth day, they were all equal in respect to the kehunah. Its [Aramaic] translation is וִיקַדְּשׁוּן מִנֵּיהּ, and shall wash from it, for on that day Moses washed with them.
ורחצו ממנו משה ואהרן ובניו: יום שמיני למלואים הושוו כולם לכהונה, ותרגומו ומקדשין מניה, בו ביום קדש משה עמהם:
32. When they entered the Tent of Meeting and when they approached the altar they would wash as the Lord had commanded Moses. לב. בְּבֹאָם אֶל אֹהֶל מוֹעֵד וּבְקָרְבָתָם אֶל הַמִּזְבֵּחַ יִרְחָצוּ כַּאֲשֶׁר צִוָּה יְהֹוָה אֶת משֶׁה:
and when they approached: Heb. וּבְקָרְבָתָם, like וּבְקָרְבָם, when they will approach (sic).
ובקרבתם: כמו ובקרבם כשיקרבו:
33. He set up the courtyard all around the Mishkan and the altar, and he put up the screen at the entrance to the courtyard; and Moses completed the work. לג. וַיָּקֶם אֶת הֶחָצֵר סָבִיב לַמִּשְׁכָּן וְלַמִּזְבֵּחַ וַיִּתֵּן אֶת מָסַךְ שַׁעַר הֶחָצֵר וַיְכַל משֶׁה אֶת הַמְּלָאכָה:
34. And the cloud covered the Tent of Meeting, and the glory of the Lord filled the Mishkan. לד. וַיְכַס הֶעָנָן אֶת אֹהֶל מוֹעֵד וּכְבוֹד יְהֹוָה מָלֵא אֶת הַמִּשְׁכָּן:
35. Moses could not enter the Tent of Meeting because the cloud rested upon it and the glory of the Lord filled the Mishkan. לה. וְלֹא יָכֹל משֶׁה לָבוֹא אֶל אֹהֶל מוֹעֵד כִּי שָׁכַן עָלָיו הֶעָנָן וּכְבוֹד יְהֹוָה מָלֵא אֶת הַמִּשְׁכָּן:
Moses could not enter the Tent of Meeting: But one [other] passage says: “And when Moses would enter the Tent of Meeting” (Num. 7:89), [which is an apparent contradiction]. The third passage [verse 35] came and reconciled them: “because the cloud rested upon it.” You may henceforth say that as long as the cloud was upon it, he could not enter, [but when] the cloud withdrew, he would enter and [God] would speak with him. -[from Torath Kohanim, Shalosh Esrei Middoth, Thirteen methods, Section 8]
ולא יכול משה לבוא אל אהל מועד: וכתוב אחד אומר (במדבר ז פט) ובבא משה אל אהל מועד, בא הכתוב השלישי והכריע ביניהם, כי שכן עליו הענן, אמור מעתה כל זמן שהיה עליו הענן לא היה יכול לבוא, נסתלק הענן נכנס ומדבר עמו:
36. When the cloud rose up from over the Mishkan, the children of Israel set out in all their journeys. לו. וּבְהֵעָלוֹת הֶעָנָן מֵעַל הַמִּשְׁכָּן יִסְעוּ בְּנֵי יִשְׂרָאֵל בְּכֹל מַסְעֵיהֶם:
37. But if the cloud did not rise up, they did not set out until the day that it rose. לז. וְאִם לֹא יֵעָלֶה הֶעָנָן וְלֹא יִסְעוּ עַד יוֹם הֵעָלֹתוֹ:
38. For the cloud of the Lord was upon the Mishkan by day, and there was fire within it at night, before the eyes of the entire house of Israel in all their journeys. לח. כִּי עֲנַן יְהֹוָה עַל הַמִּשְׁכָּן יוֹמָם וְאֵשׁ תִּהְיֶה לַיְלָה בּוֹ לְעֵינֵי כָל בֵּית יִשְׂרָאֵל בְּכָל מַסְעֵיהֶם:
before the eyes of the entire house of Israel in all their journeys: On every journey (מַסָּע) that they were traveling, the cloud would rest in that place where they encamped. The place of their encampment is also called a journey (מַסָּע). Likewise, “And he went to his stations (לְמַסָּעָיו) ” (Gen. 13:3) [i.e., to the stops along his journey], and likewise, “These are the journeys (מַסְעֵי) ” (Num. 33:1). Since from the place of their encampment they resumed their journeys, they are all called “journeys” (מַסָעוֹת).
לעיני כל בית ישראל בכל מסעיהם: בכל מסע שהיו נוסעים היה הענן שוכן במקום אשר יחנו שם. מקום חנייתן אף הוא קרוי מסע, וכן (בראשית יג ג) וילך למסעיו, וכן (במדבר לג א) אלה מסעי לפי שממקום החנייה חזרו ונסעו, לכך נקראו כולן מסעות:
28. He placed the screen for the entrance of the Mishkan. כח. וַיָּשֶׂם אֶת מָסַךְ הַפֶּתַח לַמִּשְׁכָּן:
29. The altar of the burnt offering he placed in front of the entrance of the Mishkan of the Tent of Meeting, and he offered up the burnt offering and the meal offering upon it as the Lord had commanded Moses. כט. וְאֵת מִזְבַּח הָעֹלָה שָׂם פֶּתַח מִשְׁכַּן אֹהֶל מוֹעֵד וַיַּעַל עָלָיו אֶת הָעֹלָה וְאֶת הַמִּנְחָה כַּאֲשֶׁר צִוָּה יְהֹוָה אֶת משֶׁה:
and he offered up the burnt offering and the meal offering upon it: Even on the eighth day of the investitures-which was the day of the setting up of the Mishkan-Moses officiated and offered up the communal sacrifices, with the exception of those that Aaron was commanded [to offer up] on that day, as it is said: “Approach the altar” (Lev. 9:7).
ויעל עליו וגו': אף ביום השמיני למלואים, שהוא יום הקמת המשכן, שמש משה והקריב קרבנות צבור, חוץ מאותן שנצטוו בו ביום, שנאמר (ויקרא ט ז) קרב אל המזבח וגו':
the burnt offering: The daily burnt offering.
את העלה: עולת התמיד:
and the meal offering: [This refers to] the meal offering of the libations of the daily burnt offering, as it is said: “And one-tenth of fine flour, thoroughly mixed with… oil” (Exod. 29:40).
ואת המנחה: מנחת נסכים של תמיד, כמו שנאמר (שמות כט מ) ועשרן סלת בלול בשמן וגו':
30. He placed the washstand between the Tent of Meeting and the altar, and there he put water for washing, ל. וַיָּשֶׂם אֶת הַכִּיֹּר בֵּין אֹהֶל מוֹעֵד וּבֵין הַמִּזְבֵּחַ וַיִּתֵּן שָׁמָּה מַיִם לְרָחְצָה:
31. and Moses, Aaron, and his sons would wash their hands and their feet from it. לא. וְרָחֲצוּ מִמֶּנּוּ משֶׁה וְאַהֲרֹן וּבָנָיו אֶת יְדֵיהֶם וְאֶת רַגְלֵיהֶם:
and Moses, Aaron, and his sons would wash: On the eighth day, they were all equal in respect to the kehunah. Its [Aramaic] translation is וִיקַדְּשׁוּן מִנֵּיהּ, and shall wash from it, for on that day Moses washed with them.
ורחצו ממנו משה ואהרן ובניו: יום שמיני למלואים הושוו כולם לכהונה, ותרגומו ומקדשין מניה, בו ביום קדש משה עמהם:
32. When they entered the Tent of Meeting and when they approached the altar they would wash as the Lord had commanded Moses. לב. בְּבֹאָם אֶל אֹהֶל מוֹעֵד וּבְקָרְבָתָם אֶל הַמִּזְבֵּחַ יִרְחָצוּ כַּאֲשֶׁר צִוָּה יְהֹוָה אֶת משֶׁה:
and when they approached: Heb. וּבְקָרְבָתָם, like וּבְקָרְבָם, when they will approach (sic).
ובקרבתם: כמו ובקרבם כשיקרבו:
33. He set up the courtyard all around the Mishkan and the altar, and he put up the screen at the entrance to the courtyard; and Moses completed the work. לג. וַיָּקֶם אֶת הֶחָצֵר סָבִיב לַמִּשְׁכָּן וְלַמִּזְבֵּחַ וַיִּתֵּן אֶת מָסַךְ שַׁעַר הֶחָצֵר וַיְכַל משֶׁה אֶת הַמְּלָאכָה:
34. And the cloud covered the Tent of Meeting, and the glory of the Lord filled the Mishkan. לד. וַיְכַס הֶעָנָן אֶת אֹהֶל מוֹעֵד וּכְבוֹד יְהֹוָה מָלֵא אֶת הַמִּשְׁכָּן:
35. Moses could not enter the Tent of Meeting because the cloud rested upon it and the glory of the Lord filled the Mishkan. לה. וְלֹא יָכֹל משֶׁה לָבוֹא אֶל אֹהֶל מוֹעֵד כִּי שָׁכַן עָלָיו הֶעָנָן וּכְבוֹד יְהֹוָה מָלֵא אֶת הַמִּשְׁכָּן:
Moses could not enter the Tent of Meeting: But one [other] passage says: “And when Moses would enter the Tent of Meeting” (Num. 7:89), [which is an apparent contradiction]. The third passage [verse 35] came and reconciled them: “because the cloud rested upon it.” You may henceforth say that as long as the cloud was upon it, he could not enter, [but when] the cloud withdrew, he would enter and [God] would speak with him. -[from Torath Kohanim, Shalosh Esrei Middoth, Thirteen methods, Section 8]
ולא יכול משה לבוא אל אהל מועד: וכתוב אחד אומר (במדבר ז פט) ובבא משה אל אהל מועד, בא הכתוב השלישי והכריע ביניהם, כי שכן עליו הענן, אמור מעתה כל זמן שהיה עליו הענן לא היה יכול לבוא, נסתלק הענן נכנס ומדבר עמו:
36. When the cloud rose up from over the Mishkan, the children of Israel set out in all their journeys. לו. וּבְהֵעָלוֹת הֶעָנָן מֵעַל הַמִּשְׁכָּן יִסְעוּ בְּנֵי יִשְׂרָאֵל בְּכֹל מַסְעֵיהֶם:
37. But if the cloud did not rise up, they did not set out until the day that it rose. לז. וְאִם לֹא יֵעָלֶה הֶעָנָן וְלֹא יִסְעוּ עַד יוֹם הֵעָלֹתוֹ:
38. For the cloud of the Lord was upon the Mishkan by day, and there was fire within it at night, before the eyes of the entire house of Israel in all their journeys. לח. כִּי עֲנַן יְהֹוָה עַל הַמִּשְׁכָּן יוֹמָם וְאֵשׁ תִּהְיֶה לַיְלָה בּוֹ לְעֵינֵי כָל בֵּית יִשְׂרָאֵל בְּכָל מַסְעֵיהֶם:
before the eyes of the entire house of Israel in all their journeys: On every journey (מַסָּע) that they were traveling, the cloud would rest in that place where they encamped. The place of their encampment is also called a journey (מַסָּע). Likewise, “And he went to his stations (לְמַסָּעָיו) ” (Gen. 13:3) [i.e., to the stops along his journey], and likewise, “These are the journeys (מַסְעֵי) ” (Num. 33:1). Since from the place of their encampment they resumed their journeys, they are all called “journeys” (מַסָעוֹת).
לעיני כל בית ישראל בכל מסעיהם: בכל מסע שהיו נוסעים היה הענן שוכן במקום אשר יחנו שם. מקום חנייתן אף הוא קרוי מסע, וכן (בראשית יג ג) וילך למסעיו, וכן (במדבר לג א) אלה מסעי לפי שממקום החנייה חזרו ונסעו, לכך נקראו כולן מסעות:
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Tehillim: Psalms Chapters 140 - 144
• Chapter 140
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
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Tanya: Likutei Amarim, Chapter 33
• Lessons in Tanya
• Today's Tanya Lesson
Saturday, Adar I 29, 5774 • March 1, 2014
Likutei Amarim, Chapter 33In ch. 31, the Alter Rebbe discussed various means of arousing joy to counteract the sadness brought on by contemplation of one’s spiritual failings. Ch. 33 resumes this discussion.
עוד זאת תהיה שמחת הנפש האמיתית, ובפרט כשרואה בנפשו בעתים מזומנים שצריך לזככה ולהאירה בשמחת לבב
Yet another means of leading one’s soul to true joy, especially at those specific times when one finds it necessary to purify his soul and illuminate it with a gladness of heart:
אזי יעמיק מחשבתו ויצייר בשכלו ובינתו ענין יחודו יתברך האמיתי
Let him then think deeply and picture in his intellect and understanding the subject of G d’s true unity.
True unity means not only that there is but one G d, one Creator, but that furthermore, G d is the only existing being — nothing truly exists outside of Him, as will be explained further.
איך הוא ממלא כל עלמין עליונים ותחתונים
Let him consider how He permeates all worlds, both upper and lower.
Just as the soul pervades the body, thereby animating it, so does G d permeate all the worlds. This indwelling refers to the divine life-force which adapts itself to each individual creation’s capacity to receive it, and for this reason the Alter Rebbe distinguishes here between the “upper worlds” and “lower worlds”: in the “upper (more spiritual) worlds” the revelation of this life-force is greater, since their capacity is greater.
ואפילו מלא כל הארץ הלזו הוא כבודו יתברך
Let him further consider how even this world is filled with His glory —
This refers to the divine life-force which “encompasses” all worlds, and which animates them as if “from above,” without adapting itself to the particular nature of each created being, so that even this physical world is “filled with His glory”1 —
וכולא קמיה כלא חשיב ממש
and how everything is of no reality whatever in His presence.
והוא לבדו הוא בעליונים ותחתונים ממש כמו שהיה לבדו קודם ששת ימי בראשית, וגם במקום הזה שנברא בו עולם הזה, השמים והארץ וכל צבאם, היה הוא לבדו ממלא המקום הזה
He is One alone in the upper and lower realms, just as He was alone prior to the six days of Creation, when nothing existed apart from G d; so too now, when all the worlds have come into being, He is still One alone since all of creation is naught before Him, as will be explained further. Even in the very place where this world — the heaven, the earth and all their host — was created, He alone then filled this space.
וגם עתה כן הוא לבדו בלי שום שינוי כלל, מפני שכל הנבראים בטלים אצלו במציאות ממש
The same is true now; He is One alone, without any change whatever. For in relation to Him, the very existence of all created beings is utterly nullified — so that from His perspective, as it were, everything remains just as it was prior to creation.
The Alter Rebbe here introduces an analogy which traces the early evolution of an idea or a desire from the moment that it first occurs in one’s mind and heart. At that stage the idea or desire is formless, not yet having the shape or form of words. It is pure desire, pure idea. The desire of an English-speaking person, for example, feels no different from that of a Hebrew speaker.
It is only when it reaches the stage of applied, or practical thought, that the idea or desire takes on the form of what are called “letters of thought,” which may later be expressed in speech.
Now, the “letters” of thought and speech are, of course, seminally contained in the original idea or desire — it is only that at that point their existence is completely nullified; it is as though these “letters” were non-existent; only the idea or desire is felt.
Stated in the terms which the Alter Rebbe employs, the idea and desire are described as part of the “ten soul-powers,” of which three (ChaBaD) belong to the intellect, and seven (the middot) comprise one’s emotional range. These ten faculties are the “source and root” of thought and speech, for one thinks and speaks of that which he understands or feels. These faculties are called the “substance and essence of the soul,” in comparison with thought and speech which are merely the soul’s “garments,” i.e., its modes of external expression.
To relate the analogy to the point under discussion: Every created being derives its existence and life from Divine “speech”, i.e., the “letters” of G d’s command that created it. Since nothing is “outside” G d, this creative “speech” and the beings created thereby are contained within G d, in the same way as the words one speaks were previously contained within the desire of the heart. All of creation is therefore nullified before G d, just as the “letters” of speech are nullified within the idea or desire which is their source, where only the desire is felt, not the “letters.”
In the Alter Rebbe’s words:
כביטול אותיות הדבור והמחשבה במקורן ושרשן, הוא מהות הנפש ועצמותה, שהן עשר בחינותיה, חכמה בינה ודעת וכו׳
[All created beings are nullified before G d] just as the letters of speech and thought are nullified within their source and root, i.e., the soul’s substance and essence, meaning its ten faculties — Chochmah, Binah, Daat... and the middot,
שאין בהם בחינת אותיות עדיין קודם שמתלבשות בלבוש המחשבה (כמו שנתבאר בפרק כ׳ וכא באריכות, עיין שם)
in which there are no letters as yet, prior to their being clothed in the garment of thought (as has been explained at length in chs. 20 and 21).
וכמו שכתוב גם כן במקום אחר משל גשמי לזה, מענין ביטול זיו ואור השמש במקורו, הוא גוף כדור השמש שברקיע
Elsewhere, this idea is further illustrated by an analogy from a physical phenomenon — the nullification of the sun’s radiance and light within its source, the celestial orb of the sun.
שגם שם מאיר ומתפשט ודאי זיוו ואורו, וביתר שאת מהתפשטותו והארתו בחלל העולם, אלא ששם הוא בטל במציאות במקורו, וכאילו אינו במציאות כלל
For surely its radiance and light glow and spread forth there too; more strongly, in fact, than they spread forth and glow in the space of the universe. Being close to its source, the light is more intense. But there — within the sun — its very existence is nullified within that of its source; it is as though [the light] were absolutely non-existent. All that is seen within the sun is the sun itself, not the light which is merely a product, an offshoot of the sun.
This will be better understood in terms of the saying,2 “Of what good is a candle in the daylight” Naturally, the candle is no less luminous by day than by night. But because its light is overwhelmed by the far greater brightness of daylight, it no longer fulfills its function of illumination. At this point it ceases to exist as a luminary. The same is true of the sun’s rays as they are within the sun.
וככה ממש דרך משל הוא ביטול העולם ומלואו במציאות לגבי מקורו, שהוא אור אין סוף ברוך הוא, וכמו שכתוב שם באריכות
Exactly so, figuratively speaking, is the very existence of the world and everything in it nullified in relation to its source, which is the light of Ein Sof, as is explained there at length.
This, then, is the true meaning of G d’s unity — that He alone exists, and there is nothing besides Him.
והנה כשיעמיק בזה הרבה, ישמח לבו ותגל נפשו אף גילת ורנן בכל לב ונפש ומאד באמונה זו
Now when one contemplates deeply and at length on this matter of G d’s true unity, his heart will rejoice with this faith;3 his soul will be gladdened by it to the point of rejoicing and singing with all his heart, soul and might.
כי רבה היא, כי היא קרבת אלקים ממש
For this faith is tremendous — when it fills one’s mind it actually constitutes [an experience of] the closeness of G d.
וזה כל האדם ותכלית בריאתו ובריאת כל העולמות עליונים ותחתונים
This in fact is the whole [purpose] of man, and the purpose for which he, and all the worlds, both upper and lower, were created:
להיות לו דירה זו בתחתונים, כמו שכתוב לקמן באריכות
that G d should have such a dwelling-place here below, as will be explained further at length4 — how this earthly abode for G d is the purpose of all creation.
Man’s faith in the unity of G d fulfills this goal. For when G d’s unity is revealed in the mind and heart of men, this world becomes an abode for G d; He is revealed there just as one reveals himself completely in his own home.
והנה כמה גדולה שמחת הדיוט ושפל אנשים בהתקרבותו למלך בשר ודם המתאכסן ודר אתו עמו בביתו
How great is the joy of a common and lowly person when he is brought close to a king of flesh and blood who furthermore lodges and greater still dwells together with him — not in the king’s palace, but in his (the commoner’s) home.
וקל וחומר לאין קץ, לקרבת ודירת מלך מלכי המלכים, הקדוש ברוך הוא
How much more, infinitely more, [ought one to rejoice] in the nearness of the King of kings, the Holy One, blessed be He, and in His dwelling together with man in this physical world, man’s “home.”
וכדכתיב: כי מי הוא זה אשר ערב לבו לגשת אלי, נאם ה׳
So it is written:5 “‘For who is the man who dares to approach me?’ says G d.”
Yet in one’s awareness of G d’s unity and through self-nullification before Him, one does come near to G d. Furthermore, G d thereby dwells with him and within him.
ועל זה תיקנו ליתן שבח והודיה לשמו יתברך בכל בקר, ולומר
For this ability to experience and to be absorbed in G d’s unity, it was instituted [by the Sages] that one should render praise and thanks to G d’s Name each morning, saying:
אשרינו מה טוב חלקנו וכו׳ ומה יפה ירושתנו
“How fortunate are we! How good is our portion, [how pleasant our lot,] and how beautiful our heritage!”
כלומר: כמו שהאדם שש ושמח בירושה שנפלה לו, הון עתק שלא עמל בו
In other words, just as a person rejoices and is glad when an immense fortune falls into his possession — by inheritance, through no toil of his own,
כן ויותר מכן לאין קץ יש לנו לשמוח על ירושתנו שהנחילונו אבותינו
similarly, and infinitely more so, ought we to rejoice over the inheritance which our forefathers bequeathed to us.
הוא יחוד ה׳ האמיתי, אשר אפילו בארץ מתחת אין עוד מלבדו, וזו היא דירתו בתחתונים
This [inheritance] is the true unity of G d — that even here below on earth there is nothing else besides Him alone, and this is His abode amongst the lowly beings of this physical world — when they are pervaded by the awareness of G d’s unity and nullify themselves before it.
Our own unaided efforts would never win for us the ability to experience G d’s unity; it is our inheritance from our forefathers.
וזהו שאמרו רז״ל: תרי״ג מצות ניתנו לישראל, בא חבקוק והעמידן על אחת, שנאמר: וצדיק באמונתו יחיה
This is [the meaning of] what our Rabbis, of blessed memory, said:6 “Six hundred and thirteen mitzvot were given to Israel;... came Habakkuk and based them all on a single one - faith as it is written:7 'a tzaddik lives by his faith.'"
כלומר: כאלו אינם רק מצוה אחת, היא האמונה לבדה, כי על ידי האמונה לבדה יבא לקיום כל התרי״ג מצות
This means, it is as if they — all the mitzvot — consisted of this one mitzvah of faith alone, for through faith alone one will come to fulfill all the 613 mitzvot.
דהיינו, כשיהיה לבו שש ושמח באמונתו ביחוד ה׳ בתכלית השמחה, כאילו לא היתה עליו רק מצוה זו לבדה, והיא לבדה תכלית בריאתו ובריאת כל העולמות
That is, when his heart will rejoice and be glad with his faith in G d’s unity, in perfect joy, as though he were obligated by just this one mitzvah, and it alone were the purpose for which he and all the worlds were created — surely, if there were but one such mitzvah for him to do, he would fulfill it with utmost joy.
הרי בכח וחיות נפשו בשמחה רבה זו תתעלה נפשו למעלה מעלה ”על כל המונעים קיום כל התריג מצות, מבית ומחוץ
Let him thus rejoice in the mitzvah of faith, and by the power and vitality of his soul [generated] from this great joy, his soul will soar far above all obstacles hindering his fulfillment of all the 613 mitzvot; both [obstacles] from within — from one’s animal soul, and from without — arising from one’s environment.
Being thus imbued with the awareness of G d’s true unity, he will be able to overcome any obstacle hindering him from carrying out the mitzvot. For how can anything stand in the path of G d’s Will — the mitzvot, when there is nothing in the world apart from G d
וזהו שאמר: באמונתו יחיה, יחיה דייקא, כתחיית המתים דרך משל, כך תחיה נפשו בשמחה רבה זו
Thus, the expression יחיה (“will live”) in the verse “a tzaddik will live by his faith” is meant in the sense of “will be revived”; as though resurrected from the dead, so will his soul be revived by this great joy.
והיא שמחה כפולה ומכופלת, כי מלבד שמחת הנפש המשכלת בקרבת ה׳, ודירתו אתו עמו
This is a double and redoubled joy. Apart from the soul’s joy upon apprehending how near G d is to him, and how He dwells together with him,
עוד זאת ישמח בכפליים בשמחת ה׳ וגודל נחת רוח לפניו יתברך באמונה זו
he will also rejoice doubly in the joy and pleasure which his faith brings to G d.
דאתכפיא סטרא אחרא ממש, ואתהפך חשוכא לנהורא
For thereby, through one’s faith in G d’s unity, the sitra achra is truly subdued, and darkness is transformed to light —
שהוא חשך הקליפות שבעולם הזה החומרי, המחשיכים ומכסים על אורו יתברך
meaning the darkness of the kelipot of this corporeal world — which obscure and conceal G d’s light
עד עת קץ, כמו שכתוב: קץ שם לחשך
until the End of Days, as it is written,8 “He sets an end to darkness.”
דהיינו קץ הימין, שיעביר רוח הטומאה מן הארץ, ונגלה כבוד ה׳, וראו כל בשר יחדיו, וכמו שכתוב לקמן
(The Biblical phrase, “the End of Days,” is written קץ הימין; ; since ימין (Aram.) means "days” and ימין (Heb.) means "right”, the phrase thus intimates that “in the End of Days G d will reveal His right hand” — a reference to His attribute of revelation, when He will banish the spirit of impurity from the earth, and9 “G d’s glory, the G dliness within every created being, will be revealed, and all flesh together will behold [it].” That is to say, not only the mind, but even the very flesh of man will perceive G dliness, as will be explained further.10)
This banishment of the sitra achra will take place only at “the End of Days,” during the Messianic era. Until then, however, while the darkness of kelipah still reigns over the earth, one affords G d gratification by crushing the sitra achra and transforming its darkness into light, by means of his faith. And man’s realization of this fact intensifies his own joy in his faith.
ובפרט בחוץ לארץ, שאויר ארץ העמים טמא, ומלא קליפות וסטרא אחרא
This is especially so in the diaspora, where the atmosphere is unclean and is filled with kelipot and sitra achra.
ואין שמחה לפניו יתברך כאורה ושמחה ביתרון האור הבא מן החשך דייקא
There is no greater joy for G d than the light and joy caused by transforming darkness into light, when the light has the superior quality acquired by coming out of the very darkness.
Thus, when a Jew in the diaspora is pervaded with an awareness of G d’s unity, His joy is all the greater. It follows too that the more lowly is one’s spiritual position, the greater the Divine joy when he acquires an awareness of G d’s unity.
We have seen so far, then, that one’s faith in G d’s unity leads him to a twofold joy: joy in his closeness to G d, and joy in the knowledge that his faith brings joy to G d.
וזהו שכתוב: ישמח ישראל בעושיו
This is the meaning of the verse,11 “Let Israel rejoice in its Maker” (note the expression: “Maker”, not “Creator” or the like):
פירוש: שכל מי שהוא מזרע ישראל יש לו לשמוח בשמחת ה׳ אשר שש ושמח בדירתו בתחתונים, שהם בחינת עשיה גשמיית ממש
Whoever is of the seed of Israel ought to rejoice in the joy of G d, Who is happy and joyous with His abode amongst the creatures of the lower spheres, who are on the level of actual physical Asiyah.
The word translated “in its Maker” (בעושיו) shares a common root with עשיה, the lowest level of creation. With this abode in particular ought Israel rejoice, knowing that G d’s joy is especially great when the creations in Asiyah, the very lowest world, become an abode for Him.
וזה שכתוב: בעושיו, לשון רבים
For this reason the plural form —בעשיו — is used.
The literal meaning of the verse is: “Let Israel rejoice in its Makers.” Why the use of a plural expression in reference to G d
The Alter Rebbe explains that since G d is spoken of here as the “Maker” of the world of Asiyah, the domain of kelipot whose nature is arrogance and therefore separation and self-centeredness, the Divine creative power is referred to in the plural — for it is fragmented, so to speak. There is a multitude of created beings, each separate from the other, each animated by the Divine creative power; hence, a plurality of “Makers”, so to speak.
But this fault becomes a cause for still greater Divine joy, when these separate beings at the level of Asiyah unite in G d’s unity. This unification of creation is another achievement of man’s faith in G d’s unity, for this faith subdues the sitra achra which causes disunity.
As stated above, it is the earlier darkness which enhances the light that replaces it. Thus, the greater the darkness, the more superior the subsequent light.
In the Alter Rebbe’s words:
שהוא עולם הזה הגשמי, המלא קליפות וסטרא אחרא, שנקרא רשות הרבים וטורי דפרודא
This plural expression — “Makers” — refers to our physical world that is filled with kelipot and sitra achra, which are called “a public domain,” i.e., a domain of multiplicity, and “mountains of separation,” in that they are arrogant and separate from one another.
ואתהפכן לנהורא, ונעשים רשות היחיד ליחודו יתברך, באמונה זו
G d’s joy in the fusion of this plurality is aroused when through this faith in G d’s unity they (the kelipot) are transformed into light, and they become a “private domain”— i.e., a unified realm — for G d’s unity.
——— ● ———
FOOTNOTES
1. This interpretation follows Kitzur Tanya by Rabbi M.M. Schneerson of Lubavitch (author of Tzemach Tzedek).
2. Chullin 60b; cf. Zohar I, 20a.
3. The Alter Rebbe introduced the subject of G-d's unity as an idea that can and should be apprehended intellectually (“Let him think deeply... in his intellect and understanding... G-d's true unity...”). Yet here he refers to it as an article of faith. Commenting on this inconsistency, the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, proposes several suggestions: (1) The analogies of speech or of sunlight are valid only after one accepts, as a matter of faith, the verse, “By the word of G-d the heavens were made.” (2) Furthermore, although the Alter Rebbe provides here the means of understanding the concept intellectually, in fact recognition of G-d as the only existing being is a matter of implicit, inherent faith in every Jew, as the Alter Rebbe points out further (e.g., mid. ch. 42). (3) It may also be suggested that the matter of G-d's unity indeed transcends intellect, and thus belongs to the realm of faith. One cannot actually understand how G-d is a unity, and unique. The intellectual approach provided, serves only to lead one to a rational conclusion that he is indeed a unity, and unique.
4. Ch. 36.
5. Cf. Yirmeyahu 30:21.
6. Makkot 24a.
7. Chavakuk 2:4.
8. Iyov 28:3.
9. Yeshayahu 40:5.
10. End of ch. 36.
11. Tehillim 149:2.
Saturday, Adar I 29, 5774 • March 1, 2014
Likutei Amarim, Chapter 33In ch. 31, the Alter Rebbe discussed various means of arousing joy to counteract the sadness brought on by contemplation of one’s spiritual failings. Ch. 33 resumes this discussion.
עוד זאת תהיה שמחת הנפש האמיתית, ובפרט כשרואה בנפשו בעתים מזומנים שצריך לזככה ולהאירה בשמחת לבב
Yet another means of leading one’s soul to true joy, especially at those specific times when one finds it necessary to purify his soul and illuminate it with a gladness of heart:
אזי יעמיק מחשבתו ויצייר בשכלו ובינתו ענין יחודו יתברך האמיתי
Let him then think deeply and picture in his intellect and understanding the subject of G d’s true unity.
True unity means not only that there is but one G d, one Creator, but that furthermore, G d is the only existing being — nothing truly exists outside of Him, as will be explained further.
איך הוא ממלא כל עלמין עליונים ותחתונים
Let him consider how He permeates all worlds, both upper and lower.
Just as the soul pervades the body, thereby animating it, so does G d permeate all the worlds. This indwelling refers to the divine life-force which adapts itself to each individual creation’s capacity to receive it, and for this reason the Alter Rebbe distinguishes here between the “upper worlds” and “lower worlds”: in the “upper (more spiritual) worlds” the revelation of this life-force is greater, since their capacity is greater.
ואפילו מלא כל הארץ הלזו הוא כבודו יתברך
Let him further consider how even this world is filled with His glory —
This refers to the divine life-force which “encompasses” all worlds, and which animates them as if “from above,” without adapting itself to the particular nature of each created being, so that even this physical world is “filled with His glory”1 —
וכולא קמיה כלא חשיב ממש
and how everything is of no reality whatever in His presence.
והוא לבדו הוא בעליונים ותחתונים ממש כמו שהיה לבדו קודם ששת ימי בראשית, וגם במקום הזה שנברא בו עולם הזה, השמים והארץ וכל צבאם, היה הוא לבדו ממלא המקום הזה
He is One alone in the upper and lower realms, just as He was alone prior to the six days of Creation, when nothing existed apart from G d; so too now, when all the worlds have come into being, He is still One alone since all of creation is naught before Him, as will be explained further. Even in the very place where this world — the heaven, the earth and all their host — was created, He alone then filled this space.
וגם עתה כן הוא לבדו בלי שום שינוי כלל, מפני שכל הנבראים בטלים אצלו במציאות ממש
The same is true now; He is One alone, without any change whatever. For in relation to Him, the very existence of all created beings is utterly nullified — so that from His perspective, as it were, everything remains just as it was prior to creation.
The Alter Rebbe here introduces an analogy which traces the early evolution of an idea or a desire from the moment that it first occurs in one’s mind and heart. At that stage the idea or desire is formless, not yet having the shape or form of words. It is pure desire, pure idea. The desire of an English-speaking person, for example, feels no different from that of a Hebrew speaker.
It is only when it reaches the stage of applied, or practical thought, that the idea or desire takes on the form of what are called “letters of thought,” which may later be expressed in speech.
Now, the “letters” of thought and speech are, of course, seminally contained in the original idea or desire — it is only that at that point their existence is completely nullified; it is as though these “letters” were non-existent; only the idea or desire is felt.
Stated in the terms which the Alter Rebbe employs, the idea and desire are described as part of the “ten soul-powers,” of which three (ChaBaD) belong to the intellect, and seven (the middot) comprise one’s emotional range. These ten faculties are the “source and root” of thought and speech, for one thinks and speaks of that which he understands or feels. These faculties are called the “substance and essence of the soul,” in comparison with thought and speech which are merely the soul’s “garments,” i.e., its modes of external expression.
To relate the analogy to the point under discussion: Every created being derives its existence and life from Divine “speech”, i.e., the “letters” of G d’s command that created it. Since nothing is “outside” G d, this creative “speech” and the beings created thereby are contained within G d, in the same way as the words one speaks were previously contained within the desire of the heart. All of creation is therefore nullified before G d, just as the “letters” of speech are nullified within the idea or desire which is their source, where only the desire is felt, not the “letters.”
In the Alter Rebbe’s words:
כביטול אותיות הדבור והמחשבה במקורן ושרשן, הוא מהות הנפש ועצמותה, שהן עשר בחינותיה, חכמה בינה ודעת וכו׳
[All created beings are nullified before G d] just as the letters of speech and thought are nullified within their source and root, i.e., the soul’s substance and essence, meaning its ten faculties — Chochmah, Binah, Daat... and the middot,
שאין בהם בחינת אותיות עדיין קודם שמתלבשות בלבוש המחשבה (כמו שנתבאר בפרק כ׳ וכא באריכות, עיין שם)
in which there are no letters as yet, prior to their being clothed in the garment of thought (as has been explained at length in chs. 20 and 21).
וכמו שכתוב גם כן במקום אחר משל גשמי לזה, מענין ביטול זיו ואור השמש במקורו, הוא גוף כדור השמש שברקיע
Elsewhere, this idea is further illustrated by an analogy from a physical phenomenon — the nullification of the sun’s radiance and light within its source, the celestial orb of the sun.
שגם שם מאיר ומתפשט ודאי זיוו ואורו, וביתר שאת מהתפשטותו והארתו בחלל העולם, אלא ששם הוא בטל במציאות במקורו, וכאילו אינו במציאות כלל
For surely its radiance and light glow and spread forth there too; more strongly, in fact, than they spread forth and glow in the space of the universe. Being close to its source, the light is more intense. But there — within the sun — its very existence is nullified within that of its source; it is as though [the light] were absolutely non-existent. All that is seen within the sun is the sun itself, not the light which is merely a product, an offshoot of the sun.
This will be better understood in terms of the saying,2 “Of what good is a candle in the daylight” Naturally, the candle is no less luminous by day than by night. But because its light is overwhelmed by the far greater brightness of daylight, it no longer fulfills its function of illumination. At this point it ceases to exist as a luminary. The same is true of the sun’s rays as they are within the sun.
וככה ממש דרך משל הוא ביטול העולם ומלואו במציאות לגבי מקורו, שהוא אור אין סוף ברוך הוא, וכמו שכתוב שם באריכות
Exactly so, figuratively speaking, is the very existence of the world and everything in it nullified in relation to its source, which is the light of Ein Sof, as is explained there at length.
This, then, is the true meaning of G d’s unity — that He alone exists, and there is nothing besides Him.
והנה כשיעמיק בזה הרבה, ישמח לבו ותגל נפשו אף גילת ורנן בכל לב ונפש ומאד באמונה זו
Now when one contemplates deeply and at length on this matter of G d’s true unity, his heart will rejoice with this faith;3 his soul will be gladdened by it to the point of rejoicing and singing with all his heart, soul and might.
כי רבה היא, כי היא קרבת אלקים ממש
For this faith is tremendous — when it fills one’s mind it actually constitutes [an experience of] the closeness of G d.
וזה כל האדם ותכלית בריאתו ובריאת כל העולמות עליונים ותחתונים
This in fact is the whole [purpose] of man, and the purpose for which he, and all the worlds, both upper and lower, were created:
להיות לו דירה זו בתחתונים, כמו שכתוב לקמן באריכות
that G d should have such a dwelling-place here below, as will be explained further at length4 — how this earthly abode for G d is the purpose of all creation.
Man’s faith in the unity of G d fulfills this goal. For when G d’s unity is revealed in the mind and heart of men, this world becomes an abode for G d; He is revealed there just as one reveals himself completely in his own home.
והנה כמה גדולה שמחת הדיוט ושפל אנשים בהתקרבותו למלך בשר ודם המתאכסן ודר אתו עמו בביתו
How great is the joy of a common and lowly person when he is brought close to a king of flesh and blood who furthermore lodges and greater still dwells together with him — not in the king’s palace, but in his (the commoner’s) home.
וקל וחומר לאין קץ, לקרבת ודירת מלך מלכי המלכים, הקדוש ברוך הוא
How much more, infinitely more, [ought one to rejoice] in the nearness of the King of kings, the Holy One, blessed be He, and in His dwelling together with man in this physical world, man’s “home.”
וכדכתיב: כי מי הוא זה אשר ערב לבו לגשת אלי, נאם ה׳
So it is written:5 “‘For who is the man who dares to approach me?’ says G d.”
Yet in one’s awareness of G d’s unity and through self-nullification before Him, one does come near to G d. Furthermore, G d thereby dwells with him and within him.
ועל זה תיקנו ליתן שבח והודיה לשמו יתברך בכל בקר, ולומר
For this ability to experience and to be absorbed in G d’s unity, it was instituted [by the Sages] that one should render praise and thanks to G d’s Name each morning, saying:
אשרינו מה טוב חלקנו וכו׳ ומה יפה ירושתנו
“How fortunate are we! How good is our portion, [how pleasant our lot,] and how beautiful our heritage!”
כלומר: כמו שהאדם שש ושמח בירושה שנפלה לו, הון עתק שלא עמל בו
In other words, just as a person rejoices and is glad when an immense fortune falls into his possession — by inheritance, through no toil of his own,
כן ויותר מכן לאין קץ יש לנו לשמוח על ירושתנו שהנחילונו אבותינו
similarly, and infinitely more so, ought we to rejoice over the inheritance which our forefathers bequeathed to us.
הוא יחוד ה׳ האמיתי, אשר אפילו בארץ מתחת אין עוד מלבדו, וזו היא דירתו בתחתונים
This [inheritance] is the true unity of G d — that even here below on earth there is nothing else besides Him alone, and this is His abode amongst the lowly beings of this physical world — when they are pervaded by the awareness of G d’s unity and nullify themselves before it.
Our own unaided efforts would never win for us the ability to experience G d’s unity; it is our inheritance from our forefathers.
וזהו שאמרו רז״ל: תרי״ג מצות ניתנו לישראל, בא חבקוק והעמידן על אחת, שנאמר: וצדיק באמונתו יחיה
This is [the meaning of] what our Rabbis, of blessed memory, said:6 “Six hundred and thirteen mitzvot were given to Israel;... came Habakkuk and based them all on a single one - faith as it is written:7 'a tzaddik lives by his faith.'"
כלומר: כאלו אינם רק מצוה אחת, היא האמונה לבדה, כי על ידי האמונה לבדה יבא לקיום כל התרי״ג מצות
This means, it is as if they — all the mitzvot — consisted of this one mitzvah of faith alone, for through faith alone one will come to fulfill all the 613 mitzvot.
דהיינו, כשיהיה לבו שש ושמח באמונתו ביחוד ה׳ בתכלית השמחה, כאילו לא היתה עליו רק מצוה זו לבדה, והיא לבדה תכלית בריאתו ובריאת כל העולמות
That is, when his heart will rejoice and be glad with his faith in G d’s unity, in perfect joy, as though he were obligated by just this one mitzvah, and it alone were the purpose for which he and all the worlds were created — surely, if there were but one such mitzvah for him to do, he would fulfill it with utmost joy.
הרי בכח וחיות נפשו בשמחה רבה זו תתעלה נפשו למעלה מעלה ”על כל המונעים קיום כל התריג מצות, מבית ומחוץ
Let him thus rejoice in the mitzvah of faith, and by the power and vitality of his soul [generated] from this great joy, his soul will soar far above all obstacles hindering his fulfillment of all the 613 mitzvot; both [obstacles] from within — from one’s animal soul, and from without — arising from one’s environment.
Being thus imbued with the awareness of G d’s true unity, he will be able to overcome any obstacle hindering him from carrying out the mitzvot. For how can anything stand in the path of G d’s Will — the mitzvot, when there is nothing in the world apart from G d
וזהו שאמר: באמונתו יחיה, יחיה דייקא, כתחיית המתים דרך משל, כך תחיה נפשו בשמחה רבה זו
Thus, the expression יחיה (“will live”) in the verse “a tzaddik will live by his faith” is meant in the sense of “will be revived”; as though resurrected from the dead, so will his soul be revived by this great joy.
והיא שמחה כפולה ומכופלת, כי מלבד שמחת הנפש המשכלת בקרבת ה׳, ודירתו אתו עמו
This is a double and redoubled joy. Apart from the soul’s joy upon apprehending how near G d is to him, and how He dwells together with him,
עוד זאת ישמח בכפליים בשמחת ה׳ וגודל נחת רוח לפניו יתברך באמונה זו
he will also rejoice doubly in the joy and pleasure which his faith brings to G d.
דאתכפיא סטרא אחרא ממש, ואתהפך חשוכא לנהורא
For thereby, through one’s faith in G d’s unity, the sitra achra is truly subdued, and darkness is transformed to light —
שהוא חשך הקליפות שבעולם הזה החומרי, המחשיכים ומכסים על אורו יתברך
meaning the darkness of the kelipot of this corporeal world — which obscure and conceal G d’s light
עד עת קץ, כמו שכתוב: קץ שם לחשך
until the End of Days, as it is written,8 “He sets an end to darkness.”
דהיינו קץ הימין, שיעביר רוח הטומאה מן הארץ, ונגלה כבוד ה׳, וראו כל בשר יחדיו, וכמו שכתוב לקמן
(The Biblical phrase, “the End of Days,” is written קץ הימין; ; since ימין (Aram.) means "days” and ימין (Heb.) means "right”, the phrase thus intimates that “in the End of Days G d will reveal His right hand” — a reference to His attribute of revelation, when He will banish the spirit of impurity from the earth, and9 “G d’s glory, the G dliness within every created being, will be revealed, and all flesh together will behold [it].” That is to say, not only the mind, but even the very flesh of man will perceive G dliness, as will be explained further.10)
This banishment of the sitra achra will take place only at “the End of Days,” during the Messianic era. Until then, however, while the darkness of kelipah still reigns over the earth, one affords G d gratification by crushing the sitra achra and transforming its darkness into light, by means of his faith. And man’s realization of this fact intensifies his own joy in his faith.
ובפרט בחוץ לארץ, שאויר ארץ העמים טמא, ומלא קליפות וסטרא אחרא
This is especially so in the diaspora, where the atmosphere is unclean and is filled with kelipot and sitra achra.
ואין שמחה לפניו יתברך כאורה ושמחה ביתרון האור הבא מן החשך דייקא
There is no greater joy for G d than the light and joy caused by transforming darkness into light, when the light has the superior quality acquired by coming out of the very darkness.
Thus, when a Jew in the diaspora is pervaded with an awareness of G d’s unity, His joy is all the greater. It follows too that the more lowly is one’s spiritual position, the greater the Divine joy when he acquires an awareness of G d’s unity.
We have seen so far, then, that one’s faith in G d’s unity leads him to a twofold joy: joy in his closeness to G d, and joy in the knowledge that his faith brings joy to G d.
וזהו שכתוב: ישמח ישראל בעושיו
This is the meaning of the verse,11 “Let Israel rejoice in its Maker” (note the expression: “Maker”, not “Creator” or the like):
פירוש: שכל מי שהוא מזרע ישראל יש לו לשמוח בשמחת ה׳ אשר שש ושמח בדירתו בתחתונים, שהם בחינת עשיה גשמיית ממש
Whoever is of the seed of Israel ought to rejoice in the joy of G d, Who is happy and joyous with His abode amongst the creatures of the lower spheres, who are on the level of actual physical Asiyah.
The word translated “in its Maker” (בעושיו) shares a common root with עשיה, the lowest level of creation. With this abode in particular ought Israel rejoice, knowing that G d’s joy is especially great when the creations in Asiyah, the very lowest world, become an abode for Him.
וזה שכתוב: בעושיו, לשון רבים
For this reason the plural form —בעשיו — is used.
The literal meaning of the verse is: “Let Israel rejoice in its Makers.” Why the use of a plural expression in reference to G d
The Alter Rebbe explains that since G d is spoken of here as the “Maker” of the world of Asiyah, the domain of kelipot whose nature is arrogance and therefore separation and self-centeredness, the Divine creative power is referred to in the plural — for it is fragmented, so to speak. There is a multitude of created beings, each separate from the other, each animated by the Divine creative power; hence, a plurality of “Makers”, so to speak.
But this fault becomes a cause for still greater Divine joy, when these separate beings at the level of Asiyah unite in G d’s unity. This unification of creation is another achievement of man’s faith in G d’s unity, for this faith subdues the sitra achra which causes disunity.
As stated above, it is the earlier darkness which enhances the light that replaces it. Thus, the greater the darkness, the more superior the subsequent light.
In the Alter Rebbe’s words:
שהוא עולם הזה הגשמי, המלא קליפות וסטרא אחרא, שנקרא רשות הרבים וטורי דפרודא
This plural expression — “Makers” — refers to our physical world that is filled with kelipot and sitra achra, which are called “a public domain,” i.e., a domain of multiplicity, and “mountains of separation,” in that they are arrogant and separate from one another.
ואתהפכן לנהורא, ונעשים רשות היחיד ליחודו יתברך, באמונה זו
G d’s joy in the fusion of this plurality is aroused when through this faith in G d’s unity they (the kelipot) are transformed into light, and they become a “private domain”— i.e., a unified realm — for G d’s unity.
——— ● ———
FOOTNOTES
1. This interpretation follows Kitzur Tanya by Rabbi M.M. Schneerson of Lubavitch (author of Tzemach Tzedek).
2. Chullin 60b; cf. Zohar I, 20a.
3. The Alter Rebbe introduced the subject of G-d's unity as an idea that can and should be apprehended intellectually (“Let him think deeply... in his intellect and understanding... G-d's true unity...”). Yet here he refers to it as an article of faith. Commenting on this inconsistency, the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, proposes several suggestions: (1) The analogies of speech or of sunlight are valid only after one accepts, as a matter of faith, the verse, “By the word of G-d the heavens were made.” (2) Furthermore, although the Alter Rebbe provides here the means of understanding the concept intellectually, in fact recognition of G-d as the only existing being is a matter of implicit, inherent faith in every Jew, as the Alter Rebbe points out further (e.g., mid. ch. 42). (3) It may also be suggested that the matter of G-d's unity indeed transcends intellect, and thus belongs to the realm of faith. One cannot actually understand how G-d is a unity, and unique. The intellectual approach provided, serves only to lead one to a rational conclusion that he is indeed a unity, and unique.
4. Ch. 36.
5. Cf. Yirmeyahu 30:21.
6. Makkot 24a.
7. Chavakuk 2:4.
8. Iyov 28:3.
9. Yeshayahu 40:5.
10. End of ch. 36.
11. Tehillim 149:2.
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 159
Resting on the First Day of Passover
"And on the first day, there shall be a holy convocation"—Exodus 12:16.
We sanctify the fifteenth of Nissan, the first day of Passover, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Resting on the First Day of Passover
Positive Commandment 159
Translated by Berel Bell
The 159th mitzvah is that we are commanded to refrain from doing melachah on the first day1 of Pesach.
The source of this commandment is G‑d's statement (exalted be He),2 "The first day [of Pesach] shall be a sacred holiday."
Keep in mind the following introduction: in every case where the Torah says, "sacred holiday" [mikra kodesh], our Sages explain that the intention is, "one must sanctify it" [kadsheihu]. This means that one may not do any melachah unless it involves preparation of food, as explained in Scripture.3
We have already explained4 the statement of our Sages, "The term Shabbason indicates a positive commandment," i.e. for every day which is called Shabbason, it is as if it is written, "rest," or "you shall rest," all being commands to cease melachah. [A similar phrase,] Shabbsos Hashem,5 is used to refer to all the "special times," i.e. the Yomim-Tovim.
In many places in the Talmud6 it is said, "Yom-Tov is both a positive and a negative commandment." This means that refraining from melachah on every Yom-Tov is a positive commandment, and doing a prohibited melachah on Yom-Tov is a prohibition. Therefore, anyone who performs a melachah on Yom-Tov transgresses both a positive and a negative commandment.
The details of refraining from these types of melachah are explained in Tractate Yom-Tov [i.e. Beitzah].
FOOTNOTES
1.Outside of Israel, this mitzvah is for two days. This applies for all other Yomim Tovim as well.
2.Lev. 16:29.
3.Ex. 12:16. "The only [work] that you may do is that which is needed so that everyone will be able to eat." Nevertheless, there are many laws regarding the conditions necessary in order to be able to perform such a melachah. See the Shulchan Aruch for the relevant details.
4.See P165, notes and footnotes there.
5.Lev. 23:38.
6.Shabbos 25a. Beitzah 8b.
________________________________________
Negative Commandment 323
Working on the First Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the fifteenth of Nissan, the First Day of Passover.
Working on the First Day of Passover
Negative Commandment 323
Translated by Berel Bell
The 323rd prohibition is that we are forbidden to perform melachah on the first day1 of Pesach.
The source of this commandment is G-d's statement,2 "No melachah may be done on these days" [i.e. the first and the seventh days of Pesach].
FOOTNOTES
1.Ex. 12:16.
2.Outside of Israel, this mitzvah is for two days.
________________________________________
Positive Commandment 160
Resting on the Seventh Day of Passover
"And on the seventh day [of Passover] there shall be a holy convocation"—Exodus 12:16.
We are commanded to rest on the 21st of Nissan, the Seventh Day of Passover, by abstaining from any creative work, with the exception of work needed for food purposes.
Resting on the Seventh Day of Passover
Positive Commandment 160
Translated by Berel Bell
The 160th mitzvah is that we are commanded to refrain from doing melachah on the seventh1 day of Pesach.
The source of this commandment is G‑d's statement,2 "The seventh day [of Pesach] shall be a sacred holiday."
FOOTNOTES
1.Outside of Israel, this mitzvah is for the seventh and eighth day.
2.Ibid.
________________________________________
Negative Commandment 324
Working on the Seventh Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the 21st of Nissan, the Seventh Day of Passover.
Working on the Seventh Day of Passover
Negative Commandment 324
Translated by Berel Bell
The 324th prohibition is that we are forbidden to perform melachah on the seventh day of Pesach.
The source of this commandment is G‑d's statement,1 "No melachah may be done on these days," i.e. the first and the seventh days [of Pesach].
FOOTNOTES
1.Ibid.
________________________________________
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 159
Resting on the First Day of Passover
"And on the first day, there shall be a holy convocation"—Exodus 12:16.
We sanctify the fifteenth of Nissan, the first day of Passover, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Resting on the First Day of Passover
Positive Commandment 159
Translated by Berel Bell
The 159th mitzvah is that we are commanded to refrain from doing melachah on the first day1 of Pesach.
The source of this commandment is G‑d's statement (exalted be He),2 "The first day [of Pesach] shall be a sacred holiday."
Keep in mind the following introduction: in every case where the Torah says, "sacred holiday" [mikra kodesh], our Sages explain that the intention is, "one must sanctify it" [kadsheihu]. This means that one may not do any melachah unless it involves preparation of food, as explained in Scripture.3
We have already explained4 the statement of our Sages, "The term Shabbason indicates a positive commandment," i.e. for every day which is called Shabbason, it is as if it is written, "rest," or "you shall rest," all being commands to cease melachah. [A similar phrase,] Shabbsos Hashem,5 is used to refer to all the "special times," i.e. the Yomim-Tovim.
In many places in the Talmud6 it is said, "Yom-Tov is both a positive and a negative commandment." This means that refraining from melachah on every Yom-Tov is a positive commandment, and doing a prohibited melachah on Yom-Tov is a prohibition. Therefore, anyone who performs a melachah on Yom-Tov transgresses both a positive and a negative commandment.
The details of refraining from these types of melachah are explained in Tractate Yom-Tov [i.e. Beitzah].
FOOTNOTES
1.Outside of Israel, this mitzvah is for two days. This applies for all other Yomim Tovim as well.
2.Lev. 16:29.
3.Ex. 12:16. "The only [work] that you may do is that which is needed so that everyone will be able to eat." Nevertheless, there are many laws regarding the conditions necessary in order to be able to perform such a melachah. See the Shulchan Aruch for the relevant details.
4.See P165, notes and footnotes there.
5.Lev. 23:38.
6.Shabbos 25a. Beitzah 8b.
________________________________________
Negative Commandment 323
Working on the First Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the fifteenth of Nissan, the First Day of Passover.
Working on the First Day of Passover
Negative Commandment 323
Translated by Berel Bell
The 323rd prohibition is that we are forbidden to perform melachah on the first day1 of Pesach.
The source of this commandment is G-d's statement,2 "No melachah may be done on these days" [i.e. the first and the seventh days of Pesach].
FOOTNOTES
1.Ex. 12:16.
2.Outside of Israel, this mitzvah is for two days.
________________________________________
Positive Commandment 160
Resting on the Seventh Day of Passover
"And on the seventh day [of Passover] there shall be a holy convocation"—Exodus 12:16.
We are commanded to rest on the 21st of Nissan, the Seventh Day of Passover, by abstaining from any creative work, with the exception of work needed for food purposes.
Resting on the Seventh Day of Passover
Positive Commandment 160
Translated by Berel Bell
The 160th mitzvah is that we are commanded to refrain from doing melachah on the seventh1 day of Pesach.
The source of this commandment is G‑d's statement,2 "The seventh day [of Pesach] shall be a sacred holiday."
FOOTNOTES
1.Outside of Israel, this mitzvah is for the seventh and eighth day.
2.Ibid.
________________________________________
Negative Commandment 324
Working on the Seventh Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the 21st of Nissan, the Seventh Day of Passover.
Working on the Seventh Day of Passover
Negative Commandment 324
Translated by Berel Bell
The 324th prohibition is that we are forbidden to perform melachah on the seventh day of Pesach.
The source of this commandment is G‑d's statement,1 "No melachah may be done on these days," i.e. the first and the seventh days [of Pesach].
FOOTNOTES
1.Ibid.
________________________________________
Rambam:
• 1 Chapter: Hilchot Nizkei Mammon Chapter Five
• 1 Chapter: Hilchot Nizkei Mammon Chapter Five
Chapter Five
1. [The following laws apply when] an animal was pasturing and entered fields and vineyards [belonging to others]. Even though it did not cause any damage,1 a warning should be given to its owner on three occasions.2 [Afterwards,] if he does not watch his animal and prevent it from pasturing [in other people's fields], the owner of the field has the right to slaughter the animal in a ritually acceptable manner,3 and tell its owners: "Come and sell your meat." [The rationale is that] it is forbidden for a person to cause damages and then to pay for the damages he caused. Even being an [indirect] cause of damage is forbidden.
2. For this reason, our Sages forbade [our people] from raising small animals4 and small beasts5 in Eretz Yisrael, where there are fields and vineyards.6 One may, however, raise these animals in the forests and deserts of Eretz Yisrael.7In Syria,8 it is permitted to raise these animals everywhere.
3. Joshua and his court established ten conditions at the time they divided the land [into ancestral plots]:
a) One may pasture a small animal in forests that are thick with trees;9 one may not, however, pasture a large animal there.10 In a forest that is not thick with trees, one may not pasture either a large animal or a small animal without the permission of the owners.
b) Any person is permitted to collect wood from a field belonging to a colleague. This refers to wood that is not valuable - comparable to thorns, brambles and prickly shrubs. Moreover, this refers to fresh twigs that are still connected to their source of nurture,11 and applies only when the person will not uproot them entirely.12 It is forbidden to take other types of wood.
c) Any person may collect grass that is growing on its own accord anywhere,13 except for a field of fenugrec that was sown to be used as animal fodder.14
d) A person may cut off a branch from any tree in any place,15 except from the branches left in an old olive tree.16 One may not, however, cut off closer than the length of an egg from the place where the branches begin to spread from an olive tree. And one may cut only from the place where a shoot is joined to the trunk of a reed or a vine. With regard to other trees, one may cut from the center of the tree and not from its higher branches.
[Although] permission was granted to cut off a branch, this applies only to [cutting] from a new branch17 that does not yet produce fruit, but not from an old branch that produces fruit. One may cut off [a branch] only from a portion of the tree that is not exposed to the sun.18
e) When a new spring of water emerges, the inhabitants of the city in whose territory it emerges may make use of it,19 even though its source is elsewhere. No others may take water from it together with them.
f) Any person may catch fish in Lake Kinneret, provided he fishes with a small net. Only the tribe20 to which the lake was awarded as part of their ancestral portion may spread out large nets that will prevent the passage of other boats.21
g) Any person who needs to relieve himself may turn off the path, go behind any fence he sees and defecate there. [This applies] even with regard to a field of saffron.22 One may pick up a stone from there and clean oneself with it.
h) Any person who loses his way in a vineyard or the like may break through the vines and ascend, or break through the vines and descend until he is able to find his way.
i) When the public thoroughfare is filled with mud, or the ravines are filled with water, passersby may take side paths, even though they are private property.
j) A corpse that has no one to bury it23 acquires its place and should be buried there by the person who finds it. This applies provided the corpse is not lying lengthwise across the path,24 or within the Sabbath boundaries of a city. In those instances, the corpse should be transported to a cemetery.25
4. King Solomon ordained that passersby are permitted to walk on private paths in the fields during the summer months until the second phase of fall rains descend.26
5. These rules apply in all places, even in the diaspora.27
6. From the time dew descends in Babylonia, it is forbidden to walk through private pathways belonging to others.28
7. Although it is forbidden to raise a small animal in Eretz Yisrael, one may maintain possession of one for 30 days prior to a pilgrimage festival,29 or prior to the wedding of one's son.30
A butcher may buy an animal for slaughter and may leave it for a certain time until he slaughters it, as long as it does not pasture with the flock. Instead, whoever maintains possession of a small animal must keep it within his house, so that it does not cause damage.
8. [Our Sages] established an equation between Babylonia and Israel, prohibiting the raising of small animals and beasts there as well. For [in Talmudic times,] the majority of the fields and vineyards there belonged to Jews.31
9. Similarly, our Sages forbade raising pigs in all places.32 Also, [our Sages forbade raising] dogs unless they are tied by a chain. One may, however, raise dogs in a city near the border.33 During the day [the dogs] should be chained, and at night let loose.
Our Sages said:34 "Cursed be one who raises dogs and pigs, because they frequently cause a great degree of damage."
10. When a shepherd repents, he should not be obligated to sell [his entire herd] immediately. Instead, he should sell a bit at a time.35 Similarly, if a person has inherited dogs and pigs, he is not required to sell all of them immediately, but instead may sell them bit by bit.
FOOTNOTES
1. The Ra'avad and Rabbenu Asher take issue with the Rambam on this point, explaining that the owner of the field generally does not have the right to slaughter an animal belonging to another person. Bava Kama 23b does speak of the owner of a field slaughtering goats belonging to someone else, but this was a special instance. He knew that the goats were being taken to the market to be slaughtered.The Maggid Mishneh explains that the Rambam had a different interpretation of that passage. The Shulchan Aruch (Choshen Mishpat 397:1-2) follows the Ra'avad's interpretation.
2. The Tur and the Shulchan Aruch (op. cit.) interpret this to be implying that if the owner of the animal says, Why come to me with a complaint? Let the owner of the field build a strong fence around his field to prevent animals from entering, his claim is not accepted. He is required to take responsibility for his animal.
3. This minimizes to the greatest degree possible the loss that the owner of the animal would suffer.
4. E.g., sheep and goats.
5. E.g., deer.
6. For they will harm the produce. The Maggid Mishneh explains that this law (and those that follow) were instituted as part of the provisions of yishuv Eretz Yisrael, the settlement of our Holy Land. (See also Hilchot Edut 10:4, which states that a shepherd of sheep or goats is not acceptable as a witness, because it is likely that he will pasture his flocks in fields belonging to others. See also Hilchot Bechorot 3:6.)It is, however, permissible to raise large animals like cows in Eretz Yisrael.
7. Where the damage is not significant.
8. See Hilchot Terumot 1:4,9, which defines the status of Syria as less than that of Eretz Yisrael, but greater than that of the diaspora as a whole.
9. I.e., the owner of the forest has no right to protest.
10. For it could damage the forest.
11. If they are dry and severed from the ground, they are fit to serve as firewood for the owners of the field.
12. Significantly, the Tur (Choshen Mishpat 274) does not mention this dimension.
13. This is beneficial for the owner of the field, because the grass detracts from the field's growth potential.
14. For grass and fenugrec make excellent fodder. For that reason, if the fenugrec is being grown for human consumption, one may pick the grass. Bava Kama 81a states that if the fenugrec is growing in rows, one may assume that it has been planted for human consumption.
15. This is allowed to enhance the settlement of Eretz Yisrael, for it will enable more trees to be grown there.
16. When an olive tree has become old, and it no longer produces a significant amount of fruit, all of its branches are cut off except two, so that its growth potential will become concentrated. Cutting off one of these remaining branches would damage the future of the tree.
17. One that is less than a year old.
18. For it is the branches that are exposed to the sun that provide a tree with its nurture.
19. Without payment.
20. I.e., the tribe of Naftali.
21. The Tur (loc. cit.) and others differ with the Rambam and maintain that even the owner of a lake may not fish with nets large enough to prevent the passage of a boat.Others interpret large nets as referring to nets that will catch large quantities of fish. Fishing privileges of that nature are not granted to another tribe.
22. A type of spice that will be damaged by the unpleasant odor of feces.
23. We have used a loose translation. The Hebrew term meit mitzvah, literally a corpse that we are commanded to bury, refers to a Jewish corpse lying on the road, that has no one to bury it (Hilchot Eivel 3:8).
24. Our translation is taken from Rashi's commentary on Bava Kama 81b. In these instances, the presence of a grave will be likely to impart impurity to a large number of people.
25. The commentaries question why the Rambam requires a corpse found in the road to be taken to the cemetery. In Hilchot Tum'at Meit 8:7, he states that in such an instance, a corpse may be buried in a nearby field. This indeed is the ruling of the Shulchan Aruch (Yoreh De'ah 364:3).
26. I.e., from the seventeenth of Cheshvan on. Until then, passersby will not do any damage to the fields. Once the rains descend, however, the seeds begin to take root, and treading on them would damage them.
27. The Tur (Choshen Mishpat 274) quotes this ruling. The Shulchan Aruch, however, does not mention these laws. The Ramah (Choshen Mishpat 274:1) quotes the Tur's view and questions why the Shulchan Aruch ignored these laws. He explains that it is possible that the Shulchan Aruch also maintains that these laws are applicable in the diaspora, but failed to mention them because it was uncommon for Jews to own land at that time.The concept that these laws apply in the diaspora is somewhat difficult according to the Maggid Mishneh (and Rashi), who explain that the motivating rationale for these laws is the concern for yishuv Eretz Yisrael, the settlement of our Holy Land. Others explain that these provisions are intended to avoid strife and friction.
28. For this will cause damage to the land there.
29. In the time of the Temple, these animals were offered as sacrifices. Even after the Temple's destruction, it is still a mitzvah to celebrate on the festivals by eating meat (Hilchot Sh'vitat Yom Tov 6:18).
30. For these feasts are also considered to be se'udot mitzvah (feasts associated with the performance of a mitzvah).
31. From this, we can assume that these laws would apply in any community where most of the lands are owned by Jews.
32. In his Commentary on the Mishnah (Bava Kama 7:7), the Rambam states that this law applies to all animals that are forbidden to be eaten. (See also The Guide for the Perplexed, Volume III, Chapter 48, which speaks of the unfavorable tendencies brought about by eating pork.)From the conclusion of this halachah, however, it appears that the Rambam is focusing on a different rationale: the material and not the spiritual damage that pigs can cause.
33. For they will serve as watchdogs and raise a clamor in the event of attack.
34. Bava Kama 82b, 83a.
35. If he were required to sell his entire herd immediately, it is possible that he would have to reduce the price of the animals. Our Sages feared that the possibility of this loss would intimidate the shepherd and prevent him from repenting.
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1. [The following laws apply when] an animal was pasturing and entered fields and vineyards [belonging to others]. Even though it did not cause any damage,1 a warning should be given to its owner on three occasions.2 [Afterwards,] if he does not watch his animal and prevent it from pasturing [in other people's fields], the owner of the field has the right to slaughter the animal in a ritually acceptable manner,3 and tell its owners: "Come and sell your meat." [The rationale is that] it is forbidden for a person to cause damages and then to pay for the damages he caused. Even being an [indirect] cause of damage is forbidden.
2. For this reason, our Sages forbade [our people] from raising small animals4 and small beasts5 in Eretz Yisrael, where there are fields and vineyards.6 One may, however, raise these animals in the forests and deserts of Eretz Yisrael.7In Syria,8 it is permitted to raise these animals everywhere.
3. Joshua and his court established ten conditions at the time they divided the land [into ancestral plots]:
a) One may pasture a small animal in forests that are thick with trees;9 one may not, however, pasture a large animal there.10 In a forest that is not thick with trees, one may not pasture either a large animal or a small animal without the permission of the owners.
b) Any person is permitted to collect wood from a field belonging to a colleague. This refers to wood that is not valuable - comparable to thorns, brambles and prickly shrubs. Moreover, this refers to fresh twigs that are still connected to their source of nurture,11 and applies only when the person will not uproot them entirely.12 It is forbidden to take other types of wood.
c) Any person may collect grass that is growing on its own accord anywhere,13 except for a field of fenugrec that was sown to be used as animal fodder.14
d) A person may cut off a branch from any tree in any place,15 except from the branches left in an old olive tree.16 One may not, however, cut off closer than the length of an egg from the place where the branches begin to spread from an olive tree. And one may cut only from the place where a shoot is joined to the trunk of a reed or a vine. With regard to other trees, one may cut from the center of the tree and not from its higher branches.
[Although] permission was granted to cut off a branch, this applies only to [cutting] from a new branch17 that does not yet produce fruit, but not from an old branch that produces fruit. One may cut off [a branch] only from a portion of the tree that is not exposed to the sun.18
e) When a new spring of water emerges, the inhabitants of the city in whose territory it emerges may make use of it,19 even though its source is elsewhere. No others may take water from it together with them.
f) Any person may catch fish in Lake Kinneret, provided he fishes with a small net. Only the tribe20 to which the lake was awarded as part of their ancestral portion may spread out large nets that will prevent the passage of other boats.21
g) Any person who needs to relieve himself may turn off the path, go behind any fence he sees and defecate there. [This applies] even with regard to a field of saffron.22 One may pick up a stone from there and clean oneself with it.
h) Any person who loses his way in a vineyard or the like may break through the vines and ascend, or break through the vines and descend until he is able to find his way.
i) When the public thoroughfare is filled with mud, or the ravines are filled with water, passersby may take side paths, even though they are private property.
j) A corpse that has no one to bury it23 acquires its place and should be buried there by the person who finds it. This applies provided the corpse is not lying lengthwise across the path,24 or within the Sabbath boundaries of a city. In those instances, the corpse should be transported to a cemetery.25
4. King Solomon ordained that passersby are permitted to walk on private paths in the fields during the summer months until the second phase of fall rains descend.26
5. These rules apply in all places, even in the diaspora.27
6. From the time dew descends in Babylonia, it is forbidden to walk through private pathways belonging to others.28
7. Although it is forbidden to raise a small animal in Eretz Yisrael, one may maintain possession of one for 30 days prior to a pilgrimage festival,29 or prior to the wedding of one's son.30
A butcher may buy an animal for slaughter and may leave it for a certain time until he slaughters it, as long as it does not pasture with the flock. Instead, whoever maintains possession of a small animal must keep it within his house, so that it does not cause damage.
8. [Our Sages] established an equation between Babylonia and Israel, prohibiting the raising of small animals and beasts there as well. For [in Talmudic times,] the majority of the fields and vineyards there belonged to Jews.31
9. Similarly, our Sages forbade raising pigs in all places.32 Also, [our Sages forbade raising] dogs unless they are tied by a chain. One may, however, raise dogs in a city near the border.33 During the day [the dogs] should be chained, and at night let loose.
Our Sages said:34 "Cursed be one who raises dogs and pigs, because they frequently cause a great degree of damage."
10. When a shepherd repents, he should not be obligated to sell [his entire herd] immediately. Instead, he should sell a bit at a time.35 Similarly, if a person has inherited dogs and pigs, he is not required to sell all of them immediately, but instead may sell them bit by bit.
FOOTNOTES
1. The Ra'avad and Rabbenu Asher take issue with the Rambam on this point, explaining that the owner of the field generally does not have the right to slaughter an animal belonging to another person. Bava Kama 23b does speak of the owner of a field slaughtering goats belonging to someone else, but this was a special instance. He knew that the goats were being taken to the market to be slaughtered.The Maggid Mishneh explains that the Rambam had a different interpretation of that passage. The Shulchan Aruch (Choshen Mishpat 397:1-2) follows the Ra'avad's interpretation.
2. The Tur and the Shulchan Aruch (op. cit.) interpret this to be implying that if the owner of the animal says, Why come to me with a complaint? Let the owner of the field build a strong fence around his field to prevent animals from entering, his claim is not accepted. He is required to take responsibility for his animal.
3. This minimizes to the greatest degree possible the loss that the owner of the animal would suffer.
4. E.g., sheep and goats.
5. E.g., deer.
6. For they will harm the produce. The Maggid Mishneh explains that this law (and those that follow) were instituted as part of the provisions of yishuv Eretz Yisrael, the settlement of our Holy Land. (See also Hilchot Edut 10:4, which states that a shepherd of sheep or goats is not acceptable as a witness, because it is likely that he will pasture his flocks in fields belonging to others. See also Hilchot Bechorot 3:6.)It is, however, permissible to raise large animals like cows in Eretz Yisrael.
7. Where the damage is not significant.
8. See Hilchot Terumot 1:4,9, which defines the status of Syria as less than that of Eretz Yisrael, but greater than that of the diaspora as a whole.
9. I.e., the owner of the forest has no right to protest.
10. For it could damage the forest.
11. If they are dry and severed from the ground, they are fit to serve as firewood for the owners of the field.
12. Significantly, the Tur (Choshen Mishpat 274) does not mention this dimension.
13. This is beneficial for the owner of the field, because the grass detracts from the field's growth potential.
14. For grass and fenugrec make excellent fodder. For that reason, if the fenugrec is being grown for human consumption, one may pick the grass. Bava Kama 81a states that if the fenugrec is growing in rows, one may assume that it has been planted for human consumption.
15. This is allowed to enhance the settlement of Eretz Yisrael, for it will enable more trees to be grown there.
16. When an olive tree has become old, and it no longer produces a significant amount of fruit, all of its branches are cut off except two, so that its growth potential will become concentrated. Cutting off one of these remaining branches would damage the future of the tree.
17. One that is less than a year old.
18. For it is the branches that are exposed to the sun that provide a tree with its nurture.
19. Without payment.
20. I.e., the tribe of Naftali.
21. The Tur (loc. cit.) and others differ with the Rambam and maintain that even the owner of a lake may not fish with nets large enough to prevent the passage of a boat.Others interpret large nets as referring to nets that will catch large quantities of fish. Fishing privileges of that nature are not granted to another tribe.
22. A type of spice that will be damaged by the unpleasant odor of feces.
23. We have used a loose translation. The Hebrew term meit mitzvah, literally a corpse that we are commanded to bury, refers to a Jewish corpse lying on the road, that has no one to bury it (Hilchot Eivel 3:8).
24. Our translation is taken from Rashi's commentary on Bava Kama 81b. In these instances, the presence of a grave will be likely to impart impurity to a large number of people.
25. The commentaries question why the Rambam requires a corpse found in the road to be taken to the cemetery. In Hilchot Tum'at Meit 8:7, he states that in such an instance, a corpse may be buried in a nearby field. This indeed is the ruling of the Shulchan Aruch (Yoreh De'ah 364:3).
26. I.e., from the seventeenth of Cheshvan on. Until then, passersby will not do any damage to the fields. Once the rains descend, however, the seeds begin to take root, and treading on them would damage them.
27. The Tur (Choshen Mishpat 274) quotes this ruling. The Shulchan Aruch, however, does not mention these laws. The Ramah (Choshen Mishpat 274:1) quotes the Tur's view and questions why the Shulchan Aruch ignored these laws. He explains that it is possible that the Shulchan Aruch also maintains that these laws are applicable in the diaspora, but failed to mention them because it was uncommon for Jews to own land at that time.The concept that these laws apply in the diaspora is somewhat difficult according to the Maggid Mishneh (and Rashi), who explain that the motivating rationale for these laws is the concern for yishuv Eretz Yisrael, the settlement of our Holy Land. Others explain that these provisions are intended to avoid strife and friction.
28. For this will cause damage to the land there.
29. In the time of the Temple, these animals were offered as sacrifices. Even after the Temple's destruction, it is still a mitzvah to celebrate on the festivals by eating meat (Hilchot Sh'vitat Yom Tov 6:18).
30. For these feasts are also considered to be se'udot mitzvah (feasts associated with the performance of a mitzvah).
31. From this, we can assume that these laws would apply in any community where most of the lands are owned by Jews.
32. In his Commentary on the Mishnah (Bava Kama 7:7), the Rambam states that this law applies to all animals that are forbidden to be eaten. (See also The Guide for the Perplexed, Volume III, Chapter 48, which speaks of the unfavorable tendencies brought about by eating pork.)From the conclusion of this halachah, however, it appears that the Rambam is focusing on a different rationale: the material and not the spiritual damage that pigs can cause.
33. For they will serve as watchdogs and raise a clamor in the event of attack.
34. Bava Kama 82b, 83a.
35. If he were required to sell his entire herd immediately, it is possible that he would have to reduce the price of the animals. Our Sages feared that the possibility of this loss would intimidate the shepherd and prevent him from repenting.
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Rambam:
• 3 Chapters: Shevitat Yom Tov Chapter One, Shevitat Yom Tov Chapter Two, Shevitat Yom Tov Chapter Three
• 3 Chapters: Shevitat Yom Tov Chapter One, Shevitat Yom Tov Chapter Two, Shevitat Yom Tov Chapter Three
Chapter One
Halacha 1
The six days on which the Torah forbade work are the first and seventh days of Pesach, the first and eighth days of the festival of Sukkot, the festival of Shavuot, and the first day of the seventh month.1 They are referred to as holidays.
The [obligation to] rest is the same on all these days; it is forbidden to perform all types of servile labor,2 with the exception of those labors necessary for [the preparation of] food, as [implied by Exodus 12:16]: "Only that [labor] from which all souls will eat [may you perform]."
Halacha 2
Anyone who rests from "servile labor" on one of these days fulfills a positive commandment,3 for [the Torah] describes them as Sabbaths - i.e., days of rest.4
Whoever performs a labor that is not for the sake of [the preparation of] food on one of these days - e.g., he builds, destroys, weaves, or the like5 - negates [the performance of] a positive commandment and violates a negative commandment6, as [Leviticus 23:7] states: "You shall not perform any servile labor," and [Exodus 12:6] states: "You shall not perform any work on them."
If a person performs [a forbidden labor when observed] by witnesses and [after] receiving a warning, the Torah prescribes that he receive lashes [as punishment].7
Halacha 3
When a person performs several forbidden labors on a holiday after being warned once - e.g., he sows, builds, destroys, and weaves - after receiving a single warning,8 he receives only a single [set of] lashes. There is a distinction between the categories of forbidden labor on the Sabbath, but there is no such distinction on the holidays.9
Halacha 4
A person may be [punished by] lashes for performing on a holiday any labor for which he is liable on the Sabbath, if it is not necessary for the preparation of food, with the exception of the transfer of articles from one domain to another and the kindling of a fire.10
[With regard to these two forbidden labors, an exception is made.11] Since it is permitted to transfer articles for the sake of [the preparation of] food [on holidays], [this activity] was permitted even when it is not necessary for [the preparation of] food. Therefore, it is permitted to transfer an infant, a Torah scroll, a key, or the like from one domain to another. Similarly, it is permitted to kindle a fire, even though it is not for the purpose of [the preparation of] food.12
With regard to the other forbidden labors, [the following principles apply:] Whenever the activity is necessary for [the preparation of] food - e.g., slaughter, baking, kneading, or the like - it is permitted. If it is not necessary for [the preparation of] food - e.g., writing, weaving, building, and the like - it is forbidden.
Halacha 5
Whenever it is possible to perform a labor on the day prior to the holiday without causing any loss or inadequacy, our Sages forbade13 performing such a labor on the holiday itself, even if it is performed for the sake of [the preparation of] food.
Why was this forbidden? This was a decree [instituted], lest a person leave for the holiday all the labors that he could have performed before the holiday, and thus spend the entire holiday performing those labors. Thus, he will be prevented from rejoicing on the holidays and will not have the opportunity to [take pleasure in] eating and drinking.14
Halacha 6
For this very reason, [our Sages] did not forbid transferring articles on a holiday, although the transfer of all [articles] is a task that could be performed before the holiday.
Why was this not forbidden? To increase our festive joy, so that a person can send and bring anything he desires, and thus fulfill his wants, and not feel like someone whose hands are tied.15 With regard to other labors that are possible to be performed on the day before the holiday, since they involve [prolonged] activity, they should not be performed on a holiday.
Halacha 7
What is implied? On a holiday, we do not harvest, thresh, winnow, separate, or grind grain, nor do we sift [flour].16 For all these and any similar activities can be performed on the day prior to the holiday without causing any loss or inadequacy.
Halacha 8
We may, however, knead, bake, slaughter, and cook on a holiday, since if these activities had been performed on the previous day, the taste would be adversely affected. For warm bread or food that is cooked today does not [taste] the same as bread or food that was cooked the day before. Similarly, meat that is slaughtered today does not [taste] the same as meat slaughtered on the previous day. The same rules apply in all analogous situations.17
Similarly, when it would be detrimental for subsidiary activities [involved in the preparation] of food to be performed on the day [before the holiday] - e.g., grinding spices and the like - they may be performed on the holiday.
Halacha 9
It is forbidden to bake or cook food on a holiday [that one intends] to eat during the week,18 because work necessary for [the preparation of] food was permitted solely so that pleasure could be derived from it on a holiday. If, however, one [cooks food] to be eaten on the holiday, and there is food left over, the remainder may be eaten during the week.19
Halacha 10
A woman may fill a pot with meat although she needs only one piece.20 A baker may fill an entire drum with water [to boil] although he needs only one jug.21 And a woman may bake an entire oven full of bread although she needs only a single loaf, for when there is a large quantity of bread in an an oven, it bakes better.22
[Similarly,] a person may salt several pieces of meat23 although he only needs one piece.24 The same applies in all similar situations.
Halacha 11
When a person cooks or bakes on a holiday with the intent of eating the food on that day, or he has invited guests and they did not come, and cooked food or bread remains, [the food] is permitted to be eaten on the following day, whether it is a weekday or the Sabbath,25 provided one does not act with guile.26
If, however, one acts with guile, he27 is forbidden [to partake of the food], even on a Sabbath that follows the holiday. For greater stringency is shown with one who acts with guile than with one who violates the prohibition [against preparing food for the following day on a holiday] intentionally.28
Halacha 12
A person who has an animal that is dangerously ill29 should not slaughter it on a holiday unless he knows that he will be able to eat30 [at least] an olive-sized [portion] of roasted meat before the holiday is completed. [In this way,] he will not be slaughtering [an animal] on a holiday to partake of its meat on an ordinary day. The same principles apply in other similar situations.
Halacha 13
We may not bake and cook on a holiday in order to feed gentiles31 or dogs, as [indicated by Exodus 12:16]:32 "This alone is permitted for you" - i.e., [the leniency is] "for you" and not for gentiles, "for you" and not for dogs.
For this reason, it is permitted to invite a gentile [to share one's meal] on the Sabbath, but not on a holiday, lest one add [more food] for him.33 If, however, a gentile comes [to a Jewish household on a holiday] on his own initiative, he may eat [the food] they eat together with them, for it has already been prepared.
Halacha 14
On a holiday, it is permissible to slaughter an animal that is owned partially by a Jew and partially by a gentile. [This is permitted although the gentile benefits,] because it is impossible [for the Jew] to partake of an olive-sized portion [of the meat belonging to him] without slaughtering the animal.
When, by contrast, dough is owned partially by a Jew and partially by a gentile, it is forbidden to bake it [on a holiday], because the dough can be divided.
[The following rule applies when] the soldiers [of a gentile army] give flour to a Jew and request that he bake them bread on a holiday: If they do not object to giving some of the bread to a baby, it is permitted for him to bake on the holiday. For every loaf of bread is fit to be given to the baby.34
When the shepherds also eat from the loaves they give to the dogs, these loaves may be baked on a holiday.35
Halacha 15
A person who cooks on a holiday for gentiles, for an animal or to keep for a weekday should not be given lashes, because if guests came, the cooked food would be fit to serve them.36 If a person prepares [food] for himself and [food] remains, he is permitted to give it to a gentile or to an animal.
Halacha 16
Bathing and anointing37 oneself are considered in the general category of eating and drinking. They are permitted on a holiday [as indicated by Exodus 12:16]: "Only that [labor] from which all souls will eat [may you perform]" - i.e., all the needs of the body [are permitted].38
Therefore, one may heat water on a holiday and wash his hands and feet. It is, however, forbidden to wash one's entire body. This is a decree,39 [instituted to prevent the use of] bathhouses.40
When water was heated before the commencement of a holiday, one may wash one's entire body with it on the holiday.41 This was prohibited only on the Sabbath.42
Halacha 17
All [activities] that are forbidden on the Sabbath, whether because they resemble a [forbidden] labor, might lead to a forbidden labor, or are placed in the category of sh'vut,43 are forbidden on a holiday unless they are necessary for the preparation of food and the like, or for other purposes that are permitted on a holiday, as will be explained in these laws.
Everything that is forbidden to be carried on the Sabbath,44 is forbidden to be carried on a holiday, except for the purpose [of the preparation] of food and the like. Whatever [activities] may be carried out on the Sabbath may be carried on the holidays. There is, however, [a category of prohibitions] that apply on the holidays, but do not apply on the Sabbath: the prohibitions against muktzeh.45
Muktzeh is forbidden on a holiday, but permitted on the Sabbath. [The rationale is] since the [restrictions pertaining to] the holidays are more lenient than those of the Sabbath, [our Sages] forbade muktzeh, lest one come to treat the holidays with disrespect.46
Halacha 18
What is implied? When a chicken is set aside to lay eggs, an ox is set aside to plow, and doves in a dovecote47 or produce are set aside for sale, these and any similar articles are considered to be muktzeh and may not be eaten on a holiday.
[For them to be permitted,] it is necessary to prepare them on the previous day and have the intent that one will partake of them.48On the Sabbath, by contrast, everything is considered to be prepared and there is no need for preparation.
Just as muktzeh is forbidden on a holiday, so too, an object that first came into existence on the holiday is forbidden.
Halacha 19
[Food] may be prepared49 on a weekday for the Sabbath and [food] may be prepared on a weekday for a holiday, but [food] may not be prepared on a holiday for the Sabbath, nor may [food] be prepared on the Sabbath for a holiday.
Therefore, an egg that was laid on a holiday that follows the Sabbath is forbidden50 - even though the chicken is set aside to be eaten51 - since the egg was finished on the previous day and thus the Sabbath would be preparing for a holiday.
[Our Sages] forbade [eating] an egg that was laid on any holiday. [This is] a decree, [lest one eat an egg laid] on a holiday that follows the Sabbath. Similarly, [our Sages] forbade [eating] an egg that was laid on any Sabbath. [This is] a decree, lest one eat an egg laid] on a Sabbath that follows a holiday.52
Halacha 20
Just as it is forbidden to partake of this [egg], so too, is it forbidden to carry it.53 Even if it becomes mixed with a thousand [other eggs], they are all forbidden. For on the morrow, they will all be permitted, and [the existence of] any forbidden article that will ultimately become permitted is never considered inconsequential, even when mixed with thousands of thousands.54
When a person slaughters a chicken on a holiday and within the chicken finds eggs that already have a shell, it is permitted [to partake of] them, for this is not a frequent circumstance. And [our Sages] did not institute decrees regarding infrequent circumstances that occur only incidentally.55
Halacha 21
Our celebration of every holiday for two days in the diaspora is merely a custom.56 For the second day of the holiday is a Rabbinic institution, innovated during the exile. The inhabitants of Eretz Yisrael observe a holiday for two days only on Rosh HaShanah.57
In Hilchot Kiddush HaChodesh in this volume the fundamental principles pertaining to this custom and the rationale why Rosh HaShanah is universally observed for two days will be explained.
Halacha 22
Although the second day of a holiday is merely a Rabbinic institution, everything that is forbidden on the first day is forbidden on the second. Whoever desecrates the second day of a holiday, even the second day of Rosh HaShanah,58 whether with regard to a prohibition in the category of sh'vut, the performance of a forbidden labor, or by proceeding beyond the [2000-cubit city] limits should be punished by stripes for rebelliousness or should be placed under a ban of ostracism,59 unless [the violator] was a student [of the Torah].60
Just as it is forbidden to deliver eulogies or to fast on the first day of a holiday and we are obligated to rejoice on that day,61 so too, [these same prohibitions and obligations apply] on the second day. There is no difference between them except with regard to [the care of] a corpse.
Halacha 23
What is implied? On the first day of a holiday gentiles should be involved62 with the burial of a corpse,63 and on the second day these activities should be performed by a Jew.64
Everything necessary [for the burial] may be performed - e.g., making a bier, sewing shrouds, picking herbs, and the like. With regard to a corpse, the second day of a holiday is considered to be an ordinary weekday. This applies even to the second day of Rosh HaShanah.
Halacha 24
The two days observed in the diaspora are considered two separate expressions of holiness and are not considered to be a single [extended] day.65 Therefore, an entity that was considered muktzeh on the first day, or first came into existence on the first day, is permitted on the second day if it was designated [for use on that day].
What is implied? An egg that was laid on the first day of a holiday may be eaten on the second. [Similarly,] beast or fowl that were trapped on the first day may be eaten on the second day. [Produce] that was attached to the ground on the first day and separated from it [on that day] may be eaten on the second day. Similarly, one may paint one's eyes on the second day,66 even though one does not feel infirmity.
When does the above apply? To the second days of holidays observed [only] in the diaspora. The two days of Rosh HaShanah are considered to be a single expression of holiness; they are considered to be one [long] day67 with regard to all matters, with the exception of [burying] the dead. An egg that is laid on the first day of Rosh HaShanah is forbidden on the second day. The same applies in all similar instances.
When either the Sabbath or a holiday follows directly after the other, an egg laid on one is forbidden on the other. The same applies with regard to all similar situations.68 Even if an egg was laid on the second day [of a holiday, and that second day] is followed by the Sabbath, the egg should not be eaten on the Sabbath.
FOOTNOTES
1.I.e., Rosh HaShanah, the first of Tishrei, which is the seventh month when counting from Nisan. Significantly, the name Rosh HaShanah is not mentioned in the Torah at all.
2.Our interpretation of the words מלאכת עבודה as "servile labor" is based on the gloss of the Maggid Mishneh on Halachah 5. There he interprets it as referring to tasks that a person would hire a servant to do rather than perform himself.
In his commentary on the Torah (Leviticus 23:7), the Ramban explains that with the expression "servile labor," the Torah intends to distinguish between work performed to prepare food (which he terms "gratifying labor") and the other forms of labor. According to the Ramban, the Torah never forbade the performance of the activities included in the labors necessary for the preparation of food. Any restrictions placed on them are Rabbinic in nature.
The Ramban's conception is also reflected in the statements of Rashi (Beitzah 12a), who interprets the Talmud's ruling (see Halachah 4), "Since [these labors] were permitted for the sake [of preparing food], they are permitted even when [they are performed] without such an intent," as meaning that, according to the Torah, there is no prohibition against performing these labors at all.
Tosafot (Beitzah, loc. cit.) differs and explains that for the performance of a labor to be allowed by the Torah, it must in some way contribute to the pleasure of the holiday. Otherwise, it is forbidden. According to this conception, all the thirty-nine labors forbidden on the Sabbath are prohibited on the holidays as well. There is, however, special dispensation to perform these labors when doing so will increase our holiday pleasure.
The Maggid Mishneh interprets the Rambam's citation of the expression "servile labor" as an indication that he follows the perspective shared by Rashi and the Ramban. Other authorities (e.g., the Lechem Mishneh and the Pri Chadash) do not agree with the Maggid Mishneh's interpretation and explain that the Rambam favors the other position. [See also the Chemdat Yisrael, who explains that the Rambam's statements in Sefer HaMitzvot (Negative Commandment 328) do not concur with the Maggid Mishneh's conception of the Rambam's position.] Note the treatment of this subject in the Or Sameach and in Likkutei Sichot, Vol. XI. (See also the notes on Halachah 4.)
3.Sefer HaMitzvot (Positive Commandments 159-160, 162-163, 166-167) and Sefer HaChinuch (Mitzvot 297, 300, 308, 310, 318, 321) include these six in the reckoning of the Torah's 613 mitzvot.
4.Note Sefer HaMitzvot (Positive Commandment 159), which in addition to the term shabbaton, "day of rest," also mentions the phrase mikra kodesh, "holy convocation," as indicating that one is commanded to sanctify the day by ceasing to perform labor.
5.I.e., any of the 28 of the 39 labors forbidden on the Sabbath that do not involve the preparation of food. (See Hilchot Shabbat 7:1.)
6.Sefer HaMitzvot (Negative Commandments 323-326, 328-329) and Sefer HaChinuch (Mitzvot 298, 301, 309, 311, 319 and 323) include these six in the reckoning of the Torah's 613 mitzvot.
7.This is the minimum punishment given for the violation of a negative commandment that involves a deed.
8.Pesachim 48a, moreover, states that even if a person is given separate warnings for each forbidden labor, each activity is not considered to be a separate violation.
9.The Rambam is referring to the ruling (Hilchot Shabbat 7:7-8) that requires a person who performs activities that fall into two different categories of forbidden labor on the Sabbath to bring two different sin offerings. The performance of an activity from each category of forbidden labor is considered to be a separate violation. Such a distinction does not apply with regard to the performance of forbidden labors on the holidays.
10.The Maggid Mishneh explains the Rambam's position as follows: All the labors forbidden on the Sabbath that involve preparation of food are not prohibited on the holidays. In addition, there are two forbidden labors, kindling a flame and transferring articles, which do not necessarily involve the preparation of food. Nevertheless, since they are sometimes necessary for the preparation of food, they are permitted without any restriction.
Other authorities (e.g., Pri Chadash, Pri Megadim) interpret the Rambam's statements as meaning that even the forbidden labors involved with the preparation of food are permitted only for that purpose. If, however, one performs one of these labors for other reasons - e.g., one cooks food solely to give to animals - one is liable. Moreover, if one performs a forbidden labor that is not usually involved in the preparation of food for the purpose of preparing food, one is liable.
There is a third interpretation, that of the Mabit. (In his Responsum 124, however, he follows the second view.) According to the view he expresses in Kiryat Sefer, even if one performs a forbidden labor (that is not usually involved in the preparation of food) for the purpose of preparing food, one is not liable. As proof, he cites the example of making cheese, an act that the Rambam (Hilchot Shabbat 10:13) considers a derivative of the forbidden labor of building. Nevertheless, making cheese on a holiday is not considered a violation of a forbidden labor and is forbidden only as a sh'vut.
11.The reason for these two exceptions is as follows: Both are often involved in the preparation of food. Alternatively, the transfer of articles is considered "an inferior labor" (Tosafot, Beitzah 12a), and Exodus 35:3: "Do not kindle fire... on the Sabbath day," is interpreted also as an exclusion, indicating that kindling fire is forbidden on the Sabbath, but not on holidays.
12.As mentioned in the notes on Halachah 1, Tosafot requires that the activity bring a person some pleasure. This view is also reflected in the Ra'avad's gloss.
13.The Maggid Mishneh quotes the Ra'avad as stating that this prohibition has its source in the Torah itself. Indeed, the Jerusalem Talmud (Beitzah 1:10) and certain passages in the Babylonian Talmud (Shabbat 95a; Chaggigah 18a) support this view. Nevertheless, most later authorities accept the Rambam's view that the prohibition is Rabbinic in origin.
14.The Ra'avad gives a different rationale: that the extra effort involved in the performance of these activities is out of place on a holiday.
15.The Ra'avad differs with the extent of the leniency granted by the Rambam, restricting it to sending containers and food. He also differs regarding the rationale, explaining that sending the articles on the holiday is a greater expression of honor and respect. The Rambam's ruling is quoted by the later authorities.
16.All these labors, although necessary for the preparation of food, are not intended for the preparation of a particular cooked dish or loaf of bread. Rather, one performs these activities for several days in advance. Therefore, our Sages desired that these activities should not be performed on the festival itself.
It must be noted that these forbidden labors are specifically mentioned in the passage from the Jerusalem Talmud cited above, which states that the prohibition against performing such activities stems from the Torah itself.
17.The Rambam's rationale depends on the concept of freshness. Food that is not fresh loses a certain amount of its flavor. The Ra'avad questions this principle, noting that produce harvested today is also fresher and tastier than produce harvested on the day before. Several authorities offer different observations to counter the Ra'avad's thesis.
18.See Tz'ror HaChayim, which mentions various opinions concerning whether this prohibition has its origin in the Torah itself or in Rabbinic decree. In conclusion, he favors the opinion that the prohibition is Scriptural in origin. (See also Halachah 15.) The doubt exists only with regard to the Rambam's position. Tosafot and others maintain that the prohibition is Scriptural in origin (Shulchan Aruch HaRav 503:1).
19.If, however, one cooked food on a holiday with the intent of eating it on the following day, many authorities (Shulchan Aruch HaRav 503:13) allow the food to be eaten after the holiday. (See also Halachah 11 and notes.)
20.The reason is that the meat is tastier when cooked with many pieces together (Maggid Mishneh).
21.This gives us a second rationale for the leniency of preparing a larger quantity of food than one needs immediately: when, as in the instance mentioned, there is no extra work involved in preparing a large quantity as compared to a small quantity. If either of these two rationales applies, leniency may be taken and the extra amount prepared.
Once, however, the water is left to boil, an additional amount may not be added (Ramah, Orach Chayim 103:2).
22.Rabbenu Yonah explains that this applied in Talmudic times, when the ovens were small. In such an instance, a large number of loaves were placed in the oven at the same time, and it took longer for them to bake, producing a better flavor. If, as was the case with regard to the larger ovens used in the medieval period, adding to the number of loaves does not increase the flavor, it is forbidden to do so. (See Shulchan Aruch, Orach Chayim 507:6.)
23.The salting is intended to drain off the blood so that it is permitted to cook the meat, as stated in Hilchot Ma'achalot Asurot, Chapter 6.
24.Here, also, the leniency is granted because there is no additional difficulty in salting the other pieces. Alternatively, the leniency is allowed so that the remainder of the meat will not spoil. Compare to Chapter 3, Halachah 4.
25.As explained in Chapter 6, just as it is forbidden to prepare food on a holiday for a weekday that follows, our Sages forbade preparing food on a holiday for a Sabbath that follows directly after the holiday, or for the second day of the holiday itself. Nevertheless, as explained in that chapter, our Sages did provide the leniency of establishing an eruv tavshilin.
26.I.e., invite guests although he knows that they will not come, or prepare a large quantity of food when one knows that one will be unable to eat it all, and then use the remainder for the following day.
Shulchan Aruch HaRav 503:7 notes that it has become common practice to cook a meal for the night of the second day of a holiday on the afternoon of the first day, relying on the leniency that one will taste some of the food. He criticizes this practice and explains that women should be taught to discontinue it and prepare the food before the commencement of the holiday.
27.He and the members of his family may not partake of it; other Jews, however, are not restricted (Mishnah Berurah 527:79).
28.The rationale for this stringency is that the example shown by a person with guile might be copied by others, while few will emulate brazen transgression. Moreover, even with regard to the person himself, if he were not punished, a person who acts with guile would never really appreciate the seriousness of his transgression, and would repeat it. When, however, a person willfully violates the Sages' decree, he will not be able to rationalize his conduct. Hence, there is the possibility he will recognize his error (Rashi, Beitzah 17b; Mishnah Berurah 527:78).
29.We are speaking about an instance where the person has already eaten, and hence would not ordinarily consider slaughtering the animal. Nevertheless, because it is dangerously ill, he fears that it will die before the conclusion of the holiday. Our Sages were fearful that he would slaughter the animal regardless, rather than suffer the loss of having it die without ritual slaughter. They therefore established directives that would allow slaughter in most instances (Maggid Mishneh; Rashi, Beitzah 25a). (See also Chapter 6, Halachah 10.)
30.Although the Rambam's wording might be interpreted as indicating that it is necessary to eat at least this amount of meat, the Maggid Mishneh and the later halachic authorities (Shulchan Aruch Harav 498:11; Mishnah Berurah 498:34) explain that it is not necessary to partake of the meat on the holiday.
31.See the Mishnah Berurah 512:2, which states that a Jew who worships false gods or desecrates the Sabbath is considered like a gentile in this regard.
32.The Rambam's citation of a verse from the Torah as a proof-text for this prohibition is interpreted as an indication that he follows the position (see the notes on Halachot 1 and 4) that the labors necessary to prepare food are forbidden by the Torah on the holiday unless one is preparing food for a Jew. As mentioned, others consider the prohibitions to be Rabbinic in origin.
33.This rationale is not applicable on the Sabbath, for then it is not permitted to cook at all.
34.I.e., as long as a portion of the loaf can be given to a baby, one is not cooking solely for the gentiles.
The Maggid Mishneh notes that many (e.g., Tur, Orach Chayim 512) have objected to the Rambam's ruling, based on Beitzah 21a, which appears to establish a correlation between the permission to bake bread for these soldiers and the laws mentioned in the previous halachah regarding inviting gentiles as guests. It appears from that passage that the Sages who forbid inviting guests also forbid baking bread for the soldiers, for the same principle is involved: one is cooking additional food for a gentile.
The Maggid Mishneh, however, explains that there is no contradiction and that the two views can be reconciled. The Jew can be considered to be baking for the sake of the child. For if he did not bake for the soldiers, they would not allow him to bake for the child.
The Rishon LeTzion amplifies the difference between the two situations, explaining that because the person is not baking solely for the gentiles, the prohibition against doing so is merely Rabbinic in origin and can be waived with regard to baking for a gentile army, since the person could suffer substantial financial loss if he refused. In contrast, when inviting guests, one does so on one's own volition, with no loss involved.
As emphasized by Shulchan Aruch HaRav 512:6, this leniency was granted only in this situation, because of the risk of confrontation with the military authorities. One should not apply it to other circumstances. (See also Mishnah Berurah 512:15.)
35.Here also, since one is not baking solely for the dogs, one may bake the bread on a holiday. Although one is adding to the loaf one is baking for the dogs, since it would be possible to satisfy them by giving them meat, it appears that the shepherds are baking the loaf because they want to partake of it themselves (Maggid Mishneh).
As emphasized by the Mishnah Berurah 512:22, this leniency applies even when one has no other food immediately available for the dogs.
36.The Rambam's wording appears to indicate that although the activity is forbidden by the Torah, punishment is not given, because it is possible that his activity might ultimately serve a permitted purpose.
37.The Maggid Mishneh states that anointing oneself is mentioned because it is often necessary to heat oil used to anoint oneself. Anointing oneself with cold oil for pleasure is permitted even on the Sabbath (Hilchot Shabbat 21:23).
38.The Rambam's Commentary on the Mishnah (Beitzah 2:5) explains that the Hebrew יאכל has the connotation of all physical pleasure, not necessarily merely eating or drinking. Note the explanation in Sefer HaMitzvot, negative commandment 187.(See also the Yereim, section 113.)
39.The Jerusalem Talmud (Shabbat 3:3) appears to indicate that the prohibition has its source in the Torah itself. Although Tosafot (Shabbat 39b) accept this view, Rabbenu Yitzchak Alfasi and the Rashba differ and maintain that this prohibition is a Rabbinical decree.
40.As the Rambam explains in Hilchot Shabbat 22:2, our Sages instituted restrictions against bathing on the Sabbath because the attendants would heat up the water on the Sabbath and claim that they had done so on the preceding day. On holidays, although the rules are more lenient, certain restrictions remain. For a discussion concerning the laws of ritual immersion on a holiday, see the notes on Hilchot Shabbat 23:8.
41.Based on the position of Tosafot mentioned previously, the Ramah (Orach Chayim 511:2) forbids washing one's entire body on a holiday as a safeguard, even when the water was heated before the commencement of the holiday. The subsequent Ashkenazic authorities accepted the Ramah's ruling, but were slightly more lenient and allowed washing one's entire body, portion by portion. Greater leniency is, however, shown with regard to washing a baby.
42.See Hilchot Shabbat, loc. cit.
43.See Hilchot Shabbat, Chapters 21-23, which list activities forbidden by the Sages for every category of forbidden labor.
44.See Hilchot Shabbat, Chapters 25 and 26.
45.The term muktzeh as popularly used with regard to the Sabbath prohibitions is not a precise application of the term. Muktzeh literally means "set aside." As used in the context here, it applies to articles that a person did not intend to use on a holiday. Rather, he "set them aside" to be used in the future.
As the Rambam explains in the following halachah, on the Sabbath it is not necessary to have a specific intention to use an object on the Sabbath. As long as there is no reason that prevents one from using it on that day - e.g., the prohibitions mentioned in Hilchot Shabbat, Chapters 25 and 26 - one may carry it on the Sabbath.
46.The Ra'avad differs and states that there are authorities who maintain that articles that are muktzeh are permitted to be carried on holidays. The Rambam's view is quoted by the Shulchan Aruch (Orach Chayim 495:4), while the Tur and the Ramah cite the more lenient view. Shulchan Aruch HaRav 495:13 states that although it is customary to follow the more lenient view, it would be preferable to follow the more stringent ruling.
47.See Chapter 2, Halachah 5.
48.See Chapter 2, Halachah 9.
49.The preparation we are speaking about here is preparation through natural means, and not preparation accomplished by man through performance of labor. As mentioned previously in the chapter, it is forbidden to perform any activities on a holiday that involve the preparation of food for the days that follow. (See the Rambam's Commentary on the Mishnah, Beitzah 1:1.)
50.Based on Pesachim 47a, several Rabbis (Ramban; Shulchan Aruch HaRav 513:1; Mishnah Berurah 513:1) maintain that the prohibition against nolad is Scriptural in origin.
In his Commentary on the Mishnah (loc. cit.), by contrast, the Rambam explicitly states that it is a Rabbinic decree. Nevertheless, since the Commentary on the Mishnah was not widely studied, different perspectives about the Rambam's view have been offered, including that of the Minchat Chinuch (Mitzvah 295), who states that the Rambam would require a person to be punished by lashes for eating such an egg.
51.If the chicken is not set aside to be eaten on the holiday, the egg is forbidden regardless, because of the prohibition against muktzeh (Rambam's Commentary on the Mishnah, loc. cit.).
52.There is no prohibition against eating an egg laid on a weekday that follows a holiday or on a Sunday. Since weekday meals are not significant, we are not concerned that a holiday or a Sabbath prepares for them.
53.The Tur and the Shulchan Aruch (Orach Chayim 513:1) state: "It is forbidden to touch it." Although the prohibition is ordinarily against moving muktzeh, and touching it is permitted, the prohibition is made more severe in the present instance because an egg is round, and even the slightest touch is likely to cause it to roll.
54.Generally, when a forbidden substance becomes mixed with a permitted substance, the presence of the forbidden substance is considered inconsequential (and the mixture permitted) when the taste of the forbidden substance can no longer be recognized, or when it is mixed with more than sixty times its weight of permitted food.
More stringent rulings are made, however, with regard to a forbidden substance that will ultimately become permitted (davar sheyesh lo matirin). The rationale is that since the entire mixture will be permitted within a short time, there is no reason to seek leniencies and partake of it while a portion (although inconsequential) is forbidden (Hilchot Ma'achalot Asurot, chapter 15).
55.The decrees our Sages instituted were meant to serve as safeguards, and a safeguard is necessary only when a situation occurs frequently.
56.See Hilchot Kiddush HaChodesh 5:5, which explains that in the time when the calendar was established on the basis of the testimony of witnesses, the observance of the second day of a holiday in the distant diaspora was necessary because of a doubt regarding the days on which the holidays were to be celebrated. Nevertheless, in the present era, when we use a fixed calendar, the observance of the second day of a holiday in the diaspora is merely a custom. (See also Chapter 6, Halachah 14.)
57.As explained in Hilchot Kiddush HaChodesh 5:7, even when the calendar was established on the basis of the testimony of witnesses, Rosh HaShanah was generally observed for two days throughout Eretz Yisrael. Since it is forbidden to travel beyond 2000 cubits on a holiday, only those living in the immediate vicinity of Jerusalem had the possibility of knowing whether or not the new month had been sanctified.
58.The word "even" has attracted the attention of the commentaries for, as mentioned in Halachah 24, the observance of the second day of Rosh HaShanah is more severe than that of the second day of other holidays. The Lechem Mishneh explains that the intent is that even the observance of the second day of Rosh HaShanah does not warrant a more severe punishment.
59.See Hilchot Talmud Torah, Chapters 6 and 7.
60.The Shulchan Aruch (Orach Chayim 496:1) quotes the Tur, who states "If [the violator] is a Torah scholar, we do not punish him so severely as to place him under a ban of ostracism. He is to be beaten." (See Sha'ar HaTziyun 496:5, which focuses on the difference between these two rulings.)
61.See Chapter 6, Halachah 17.
62.There is a difference of opinion among the Rabbis whether only the actual burial and those activities that involve performance of a forbidden labor must be performed by gentiles, or whether this involves all activities associated with the burial, including the ritual purification of the body, dressing it in shrouds and the like.
The Maggid Mishneh explains that all activities associated with the burial must be performed by a gentile. The Hagahot Maimoniot, by contrast, maintain that any activity that does not actually involve a forbidden labor should be performed by a Jew. The Shulchan Aruch (Orach Chayim 526:1) follows this view.
63.Rashi (Shabbat 139b) and the Baal Halachot Gedolot explain that the leniency of allowing gentiles to bury a Jew on a holiday was instituted as a token of respect for the human body, the repository of the soul. If the body were left unburied, it would decompose and become an aspersion to the dignity of mankind. Therefore, they maintain that if the corpse is not likely to decompose, it should not be buried by gentiles.
Rabbenu Asher and others differ and maintain that the mitzvah of burying the corpse on the day the person dies is the source for this ruling (see Hilchot Sanhedrin 15:8). Therefore, even when the body is not likely to decompose, it should be buried on the first day. The Shulchan Aruch (loc. cit. 526:1) follows this view.
64.The Tur and the Ramah (loc. cit.:4) mention a custom practiced by Rabbenu Tam, which equates the first and second days of a holiday in this regard. The Ramah agrees to this custom when it is possible to find a gentile to perform these labors, but maintains that if it is impossible to perform these labors, they should be performed by Jews.
In practice at present, in some observant communities burials are conducted on the holidays. Nevertheless, the prevailing custom at large - particularly when burying the dead might lead to the unnecessary violation of the laws of the holidays by some - is to postpone the burial until the following day.
65.Originally, the observance of the holidays for two days came as a result of doubt: If the first day was actually the holiday, the second day was an ordinary day. Conversely, if the second day was actually the holiday, the first day was an ordinary day. Therefore, they were considered to be two different expressions of holiness. (See Chapter 6, Halachah 12.)
66.The Ramah (Orach Chayim 496:2) interprets this as referring to an irritation that does not involve any danger. As such, tending to it by a Jew is forbidden on the first day of a holiday. On the second day, because it brings a person relief from pain, leniency is shown. The same law applies to all other remedies of this nature.
67.Since they were universally observed, even within Eretz Yisrael.
68.I.e., all instances of nolad.
Chapter Two
Halacha 1
A chick that is hatched on a holiday is forbidden [to be handled], because it is muktzeh.1 [A different rule applies,] however, when a calf is born on a holiday: If its mother was designated to be eaten, the calf is also permitted,2 for it is considered to be designated, because of its mother. If its mother had been slaughtered [on a holiday], the calf in her womb would also have been permitted [to be eaten] on the holiday, even though it had not been born.3
Halacha 2
When animals graze beyond the [2000-cubit] limits granted to a city, but return and spend the night inside the city, they may be designated [for our use on the holiday]. We may take these [animals] and slaughter them on a holiday.
When, by contrast, they both graze and spend the night4 beyond the [2000-cubit] limits granted to a city, we may not slaughter them on a holiday if they come to the city on that day. They are muktzeh, and the attention of the inhabitants of the city is not focused on them.
Halacha 3
Similarly, when a consecrated animal5 became blemished on a holiday, since one did not intend to eat the animal on the previous day, it may not be slaughtered on a holiday.
For this reason, it is forbidden to inspect the blemishes of a consecrated animal on a holiday.6 [This is] a decree, [instituted] lest the sage consider the blemish [permanent] and hence permit [the animal to be used for mundane purposes], and its owner will slaughter it immediately. When, however, a sage has inspected a blemish on the day prior to the holiday, he may [render a decision] on the holiday, permitting or forbidding [its use].
Halacha 4
When [on the day of a holiday] a firstborn animal is born with a blemish, it is considered as if it were prepared [to be slaughtered].7 Nevertheless, [the blemish] may not be inspected on the holiday.8 If, however, one transgressed and had the blemish checked, and [the sage ruled that] the animal is permitted to be slaughtered, one is permitted to slaughter it and partake of its meat.
When a firstborn animal falls into a cistern [on a holiday], one should give it the [necessary] nourishment while in the cistern. One is not allowed to pull it out, because it is not fit to be slaughtered on the holiday.9
[The following rules apply when] a cow and its calf both fall into a cistern [on a holiday]:10 We may take one out with the intent of slaughtering it, and then refrain from slaughtering it. One may then act with guile, and take the other out with the intent of slaughtering it, and then slaughter either of them that one desires.11 We are permitted to act with guile, because of the suffering the animal endures.12
An unconsecrated animal that fell from a roof and stood for an entire day13 requires inspection [before we are allowed to partake of it].14 Nevertheless, it may be slaughtered on a holiday and then inspected, for the possibility exists that it is kosher, and then its [meat] could be eaten.
Halacha 5
[All] ducks, chickens, and doves [kept] in one's home are considered to be prepared [to be slaughtered], and need not be designated. Doves [kept in] a dovecote, [wild] doves that nest in one's loft, and [other] fowl that nest in basins,15 on buildings, or in orchards, are considered muktzeh.16
[To slaughter them on a holiday,] it is necessary on the previous day to designate them and say, "I will take these and these." There is no need actually to shake [the nest or the doves].
Halacha 6
[The following rules apply when] one designated both black and white doves, and on the following day found the white doves in the place of the black ones and the black ones in the place of the white ones. It is forbidden to take them, because it is possible that [the doves that were designated] flew away and these are others. [Therefore, we follow the principle:] Whenever there is a doubt whether [doves] have been designated or not, they are forbidden.17
If he designated two and found three, they are all forbidden.18If he designated three and found two, they are permitted. If he designated doves inside the nest, but found them in front of the nest, he is permitted to take them, provided that these were the only doves in the nest, and they are unable to fly. Although there is another nest within fifty cubits19 at a diagonal, these doves are permitted, for doves that waddle, waddle only in a straight line to their nests.
Halacha 7
[The following rules apply to] fish in large ponds,20 beasts and fowl in large pens, and any other beast that has to be snared to the point where it is necessary to say, "Bring a net so that we can snare it": [Such a living creature] is considered muktzeh and may not be snared on a holiday.21 If it is snared, it may not be eaten.
[By contrast,] every [living creature that can be snared] without a net is considered to be designated. It may be snared on a holiday and we may partake of it.
Similarly, when a wild beast establishes its home in an orchard near a city,22 its small offspring that do not require [effort to] capture need not be designated, because one has in mind [to take] them [for food for the holiday].
Halacha 8
Although on the day before a holiday a [hunter] set snares for a beast, fowl, or for fish, on the holiday itself he should not take the living creatures that were captured unless he knows that they were captured before the holiday.23
When a person makes a dam in a water conduit24 on the day before the holiday, and gets up early the next morning and finds fish there, they are permitted. They were already trapped before the commencement of the holiday. [Hence,] they are considered to be designated [to be eaten].
Halacha 9
When a [closed] building was filled with produce that had been designated [for use] and was opened [by natural forces on a holiday], one is permitted to take [produce] from the opening.25
A person who stands and surveys fruit set out to dry on the day prior to a holiday26 in the Sabbatical year,27 when all the produce is ownerless, must make a mark and say, "I will take [the produce] from here to here." If he did not make a mark,28 he may not take [the produce].
Halacha 10
[The following rules apply] when a gentile brings a present29 [of food] for a Jew on a holiday: If some of the type of produce that he brings is still attached to the ground30 [in the fields], or if he brought an animal, fowl, or fish that could possibly have been snared on the day [of the holiday], they are forbidden31 until the evening.32 [Moreover, one must wait] enough time for it to have been possible to perform [the forbidden activity after the conclusion of the holiday].33 Even [if the gentile brings] a myrtle or the like, one should not smell its fragrance until the evening, after waiting the time necessary [to pick it].
If none of the type of produce that he brings remains attached to the ground, or it is clear from the form [of the produce] that it was picked on the previous day, or it is clear from the form [of the fish or the animal] that they were caught on the previous day, they are permitted, provided they were brought from within [the city's 2000-cubit] limit. If they were brought from outside [the city's 2000-cubit] limit, they are forbidden.
Food that was brought from outside [the city's 2000-cubit] limit for one Jew is permitted to be eaten by another.34
Halacha 11
When branches fall from a palm tree on a holiday, it is forbidden to use them as firewood, because of the prohibition of nolad. If, however, they fell [directly] into an oven, one may add a larger quantity of wood prepared [for kindling], and may kindle them.35
One may not begin taking from a pile of straw or a storage pile of wood36 [on a holiday] unless one prepared to do so on the previous day, for they are muktzeh. If the straw is mixed with thorns it is permitted, for its only [possible] use is for kindling.
Halacha 12
It is forbidden to chop wood that had been placed in a pile of beams, for it is muktzeh.37 Nor may one [chop wood] from a beam that broke on a holiday, because it is nolad.38Similarly, utensils that broke on a holiday may not be used for kindling,39 because they are nolad.40
However, one may use utensils that are intact41 or utensils that were broken before the commencement of a holiday for kindling, for they were prepared to be used for purposes [other than that for which they were originally suitable] before the holiday.
Similarly, when nuts or almonds were eaten before the commencement of a holiday, their shells may be used for kindling on the holiday. If, however, they were eaten on the holiday, their shells may not be used for kindling.42
There are, however, versions [of the Talmud] that read: If they were eaten before nightfall, we may not use their shells for kindling, because they have become muktzeh.43 If, by contrast, they were eaten on the holiday, they may be used for kindling, because they are considered to be designated for use, because of the food [they contained].44
Halacha 13
A freshly-cut thorny [branch] is muktzeh, because it is not fit for kindling.45 Therefore, one may not use it as a spit for roasting meat. The same applies in all similar situations.
Halacha 14
We may take wood that is placed next to the walls46 of a hut47 to use for kindling, but we may not bring it from the field, even if it had been collected there on the day before [the holiday].48 One may, however, collect wood lying before him in the field and kindle it there.49
One may also bring [wood] that was stored in a private domain, even one that was not enclosed for the purpose of human habitation, provided it has a fence with a gate, and is located within the Sabbath limits. If even one of these conditions is not met,50 [the wood] is muktzeh.
Halacha 15
Although the leaves of reeds or vines have been collected in an enclosure, since they can be dispersed by the wind it is considered as if they have already been dispersed, and [using them] is forbidden.51 If, however, one placed a heavy utensil over them before the holiday, they are permitted [to be used].52
Halacha 16
[The following rules apply when] an animal dies on a holiday: If it was very ill on the day before the holiday, one may cut it up [and feed it] to the dogs.53 If not, since he had not had it in mind, it is muktzeh and should not be moved.
When a consecrated animal dies54 or terumah becomes impure [on a holiday],55 it may not be moved.
Halacha 17
Fish, fowl, and beasts that are muktzeh may not be given water on a holiday, nor is it permitted to place food before them.56 [This is a safeguard instituted] lest one come and take them.57
Any [objects or living creatures] that are forbidden to be eaten or used on a holiday because they are muktzeh are also forbidden to be carried.
Halacha 18
When a person brings earth into his domain on the day before a holiday, it is considered to be prepared for use, provided that he designates a corner of his courtyard as its place. It may then be carried and used for all his needs.58
Similarly, ash that [came from fuel] burned on the previous day is considered to be prepared for use. If it [came from fuel] burned on the holiday itself, it is permitted for use as long as it is warm enough to cook an egg, for it is still considered to be fire. If it is not [that warm], carrying it is forbidden, because it is nolad.59
[The following rules apply when] a person has an iron shaft implanted in the ground before the holiday, and he pulls it out60on the holiday, uprooting earth: If the earth is powdery,61 it may be used to cover [any spills], and it may be carried for that purpose. If, however, the person raised up a clod of earth, it may not be crumbled on the holiday.62
FOOTNOTES
1.Since one could not know whether the chick would be hatched on the holiday itself or not, there is no way one could designate it as food. Hence, it falls into the category of muktzeh. Indeed, even the more lenient opinions that allow muktzeh to be used on a holiday forbid slaughtering such a chick, since before it was hatched it was not useful for any purpose whatsoever (Shulchan Aruch HaRav 513:19; Mishnah Berurah 513:36).
2.This applies only when we know that the calf has undergone a full period of gestation. If not, it is forbidden to be slaughtered on the day it was born (Hilchot Ma'achalot Asurot 4:4).
3.For the slaughter of the mother also causes the calf to be permitted (Ibid. 5:13-14).
4.The Rambam is employing the wording of the Mishnah, Beitzah 5:6. In his Commentary on the Mishnah (based on Beitzah 40a), the Rambam explains that this refers to animals that graze outside the city limits from the spring until the beginning of the rainy season. This interpretation also changes the definition of animals that "return and spend the night inside the city," to refer to those that return to the city occasionally. These definitions are reflected in the decisions of Shulchan Aruch HaRav 498:5 and the Mishnah Berurah 498:12,14.
5.This refers to a firstborn animal, which is consecrated by birth. Alternatively, the intent is the tenth animal after a herd has been tithed. These animals may not be offered as a sacrifice, because the Temple is destroyed. The law is that the firstborn must be given to a priest, who may not slaughter it until it acquires a permanent blemish. The tithed animal may be kept by its owner, who may slaughter it after it acquires a blemish. The designation of a blemish as permanent or not must be made by a sage trained in this field.
6.The Rambam maintains that even if the animal had acquired the blemish before the holiday, it must be inspected before the holiday, and not on the holiday itself (Maggid Mishneh).
7.For until birth, the animal could have been eaten by slaughtering its mother.
8.The animal may not be checked by an experienced sage to see whether the blemish is permanent or not. This restriction is an extension of the Rabbinic safeguard mentioned in the previous halachah.
9.As such, moving the animal is forbidden. Therefore, the only alternative is to wait until the conclusion of the holiday and in the interim, to feed the animal while it is in the cistern.
10.As Leviticus 22:28 states, it is forbidden to slaughter both these animals on the same day. Thus, it would seem that we could take only one out of the cistern, and the other would be considered muktzeh.
11.From the wording chosen by the Rambam, it appears that it is necessary to slaughter one of the animals. The Maggid Mishneh cites a passage from the Jerusalem Talmud (Beitzah 3:4), from which one might infer that this is not necessary, but he cites the opinion of the Rashba, who recommends slaughtering one of the animals.
12.See Hilchot Shabbat 21:9-10 for other examples of leniencies granted by our Sages in consideration of the suffering endured by an animal. See also the Rambam's Commentary on the Mishnah (Beitzah 3:4), which states that consideration of the suffering endured by an animal is a Scriptural obligation.
13.Although this phrase appears in the standard printed texts of the Mishneh Torah, we have placed it in brackets, because a) it is omitted from many authoritative manuscripts and early printings, and b) it does not fit the Rambam's statements regarding the subject in Hilchot Shechitah 9:19.
One might justify the inclusion of the bracketed phrase by explaining that according to the Rambam, the possibility that the animal may not be kosher does not disqualify its slaughter on the festival. Nevertheless, the prevailing opinion (Shulchan Aruch HaRav 498:8) is that we are allowed to slaughter an animal on a festival only when it is likely to be kosher.
14.See Hilchot Shechitah 9:9,17, where the Rambam states that an animal that falls from a roof and is unable to walk afterwards must be inspected after it was slaughtered to see whether any of its vital inner organs were crushed.
15.In the Talmudic era, basins were built into the facades of homes for doves to nest.
16.The Maggid Mishneh states that there is a difference of opinion among the Rabbis regarding whether this law refers to large doves that are able to fly, or to small doves that are unable to do so.
The more stringent view maintains that since the doves are able to fly away, they must be snared, and this labor is forbidden. The more lenient view maintains that since the doves have nested in these places, great effort is not required to snare them, and this is permitted on a holiday. From the Rambam's wording, it appears that he subscribes to the more lenient view. The Shulchan Aruch (Orach Chayim 497:9) follows the more stringent opinion.
17.As a rationale for this stringency, the Maggid Mishneh explains that the doves will be permitted for eating on the following day with no restrictions. Therefore, we are required to wait until then to partake of them, as explained in Chapter 1, Halachah 20.
18.In his Commentary on the Mishnah (Beitzah 1:3), the Rambam explains two reasons for this restriction:
a) It is possible that this entire group is made up of new doves that came from afar;
b) Even if two of the doves were the ones designated on the previous day, the entire group is forbidden because they were joined by a third dove who is not distinguished from them.
19.It is an accepted principle that doves will not waddle further than 50 cubits. Even within these 50 cubits, they will not walk on a diagonal.
20.The Ra'avad explains that this restriction also applies to fish in small ponds. Since fish cannot always be seen easily and are difficult to snare even in a small pond, greater stringency is applied with regard to them. His opinion is cited by the Shulchan Aruch (Orach Chayim 497:1).
21.It would appear that the reason that snaring is forbidden is not the fact that it is one of the 39 forbidden labors, for it is necessary for the preparation of food. Rather, it is forbidden as a result of the Rabbinic prohibition against muktzeh (Meiri, P'nei Yehoshua, Beitzah 23b).
22.This leniency does not apply when the animals make their home more than 70 cubits beyond the city limits (Shulchan Aruch, loc. cit.:8), for then a person would not be likely to have these animals in mind for his holiday meals.
23.This ruling depends on the principle mentioned in Halachah 6, that whenever there is doubt whether or not an article had been designated for use on a holiday, it is forbidden.
24.As explained by the Ramah (Orach Chayim 497:5), Shulchan Aruch HaRav 497:1 and the Mishnah Berurah 497:14, this refers to a narrow waterway that has been dammed at both ends. Hence, there is no difficulty in catching the fish, and they can be considered to be designated before the commencement of the holiday.
25.We do not say that since the building was closed before the commencement of the holiday, the produce is no longer considered designated for use. There are authorities (Rashba, Rabbenu Asher) who follow a more stringent view, and maintain that the produce is permitted only when it appeared that the building would open. Nevertheless, according to the Rambam (as well as Rabbenu Yitzchak Alfasi and the Ramban), the fact that it is located in a closed building does not alter the status of the produce. When, as in the instance described, it is possible to take it, doing so is permitted. The Shulchan Aruch (Orach Chayim 518:9) quotes the Rambam's ruling.
26.The Mishnah (Beitzah 4:7) mentions this instance with regard to the Sabbath. Since the Rambam maintains that the prohibitions against muktzeh do not apply on the Sabbath, he cites these laws with regard to the holidays.
27.The Sabbatical year is mentioned because there is no obligation to tithe in that year. In other years, the produce would not be considered to be designated for use until it had been tithed, and it is not customary to tithe fruit that has been set out to dry until it is fully dried. (See the Rambam's Commentary on the Mishnah, Beitzah, loc. cit.)
28.I.e., the person must make a mark on the ground to designate the area from which he desires to take produce. In Halachah 5, the Rambam does not require a person to perform a deed while designating doves to be eaten (thus negating the opinion of the School of Shammai). In this instance, however, since people do not generally eat fruit left out to dry until it is completely dry, it is necessary for him to perform a deed to clarify his intent. The Ramah (495:4) differs and does not require that a deed be performed even in this instance.
29.The same laws apply with regard to gentile merchants who desire to sell produce or other types of food on a holiday.
30.When this type of produce is still growing in the ground, there is the possibility that the gentile harvested it on the holiday itself.
31.There are two reasons why these foods are prohibited: a) because a Jew may not have a gentile perform forbidden labors on the Jew's behalf on a holiday,
b) because the food he brings is muktzeh.
32.There is a difference of opinion among the Rabbis if, in the diaspora, an object that became forbidden for these reasons on the first day of a holiday is permitted to be used on the second day or not. The Shulchan Aruch (Orach Chayim 515:1) allows it to be used on the second day of the holiday after one waits enough time to perform the forbidden labor. The Ramah requires the person for whom the gentile brought the produce to wait until after the conclusion of the holiday. In times of need, however, he enables the produce to be used by the person's guests on the second day.
33.This safeguard ensures that one will derive no benefit at all from the gentile's activity, nor ask him to perform such a labor again.
34.Although such food is also forbidden to all the members of the household of the person for whom it was brought.
35.Beitzah 4b explains that the restrictions applying to an entity that will become permitted at a later date do not apply with regard to this wood, since the benefit one receives from the wood comes after it has been consumed by the flames. It is permitted to add the larger quantity of permitted wood because we are allowed to nullify the existence of a prohibited entity if the prohibition is Rabbinic in origin. (See also Hilchot Ma'achalot Asurot 15:26.)
Rabbenu Nissim states that this leniency is granted only when there is also some permitted wood in the oven. If not, one may not nullify the prohibited wood. His opinion is quoted by the Shulchan Aruch HaRav 507:3 and the Mishnah Berurah 507:7).
36.This refers to straw or wood that has been set aside to be sold.
37.This refers to wood that has been set aside to be used for construction (Rashi, Beitzah 31b).
38.Before the holiday the beam was part of a building, and only on the holiday itself did the possibility of its being used for other purposes arise. Therefore, it is considered to be nolad.
39.If, however, it is still possible to use the pieces to perform the task originally performed with the utensil, the pieces are still permitted to be used for kindling or for any other purpose (Shulchan Aruch HaRav 501:11; Mishnah Berurah 501:29).
40.Although the utensil existed beforehand, no one considered using it for kindling while it was intact. Only when it became broken was it considered to be fit for kindling. Hence, it is considered to be nolad.
41.If a person desires to use an intact utensil for kindling, there is no difficulty. Since the utensil is intact, carrying it is permitted.
42.Because the possibility of using them for kindling arose only on the holiday, they are considered to be nolad.
43.For it is uncommon to use nut shells for any material purpose. See Hilchot Shabbat 25:6,12.
44.The Shulchan Aruch (Orach Chayim 501:7) quotes the former version as halachah.
45.Wood is not fit for kindling until it dries out. (See Chapter 4, Halachah 11.)
46.We may not, however, take wood that is used for the walls themselves, for by doing so we would be destroying a building (Beitzah 30b).
47.We have translated the term sukkah as hut, because this law applies throughout the year, not only to the sukkot constructed on the holiday of that name. (See Kessef Mishneh; Mishnah Berurah 518:38.)
48.From the Rambam's mention of this law in the chapter dealing with the subject of muktzeh, it would appear that he considers muktzeh as the rationale for this restriction as well. Other authorities have offered other rationales; among them, that collecting wood in the field is forbidden because it is a mundane activity unfit for the sacred atmosphere of the holidays. Alternatively, it resembles the forbidden labor of me'amer, collecting sheaves (Mishnah Berurah 501:11).
49.Several later authorities (Rav Shlomo Luria; Shulchan Aruch HaRav 501:7) are more stringent, and rule that since it is usual to collect wood from a field, doing so on a holiday bears too close a resemblance to the forbidden labor of me'amer. Hence, this leniency is allowed only in an open courtyard.
50.I.e., it is forbidden if the wood is scattered in a courtyard, or the courtyard is beyond the Sabbath limits or lacks a fence with a gate.
51.In this instance as well, it appears that the Rambam considers this restriction as an outgrowth of the prohibition against muktzeh. Since it is possible that they will become dispersed, one does not rely on their remaining in their place.
Other authorities explain that the restriction is a safeguard against performing the forbidden labor of me'amer. (See Mishnah Berurah 501:18,20.)
52.Even if they are dispersed. By placing the heavy utensil upon them, the person indicated his intent that the leaves be used for kindling. This leniency is not accepted by the authorities who explain that the restriction is a safeguard against performing the forbidden labor of me'amer.
53.I.e., since it was ill, the person considered the likelihood that it would die. Even before the holiday began, he had it in mind to feed the carcass to his dogs.
54.A consecrated animal that dies may not be used for any mundane purposes; its corpse must be buried. Therefore, even if it was sick on the day before the holiday, it may not be moved on the holiday (Rambam's Commentary on the Mishnah, Beitzah 3:5).
55.Terumah that becomes impure must be given to a priest, who can use it for kindling or feed it to his animals. Nevertheless, it is forbidden to perform either of these activities on a holiday. Hence, the impure terumah may not be used that day, and thus becomes muktzeh (Rashi, Beitzah 27b).
56.This applies even to living creatures for which the person is required to provide food. The restriction involves placing the food directly before the animals. It is permitted to place it far from the usual place, for this departure from the norm will remind one not to pick up the animals (Shulchan Aruch HaRav 497:5; Mishnah Berurah 497:5).
57.For this reason, this prohibition does not apply to feeding non-kosher animals (Maggid Mishneh).
58.As mentioned in the first halachah of the following chapter, earth was necessary for covering the blood of fowl and wild beasts that were slaughtered. In Talmudic times, when the homes had earthen floors, earth was also used to cover spills, excrement, and other filth. Since the earth was not flattened, we do not say that the person brought it in to use as part on the floor. Instead, we allow him to use it for other purposes (Shulchan Aruch, Orach Chayim 498:17).
59.The Shulchan Aruch (loc. cit.:15) states that, after the fact (בדבעיד), if one has already slaughtered a fowl or beast, it is preferable to use even cold ash, rather than negate the mitzvah of covering the blood.
60.The Rambam's statements should not be interpreted as license to, in fact, implant a shaft in the ground and pull it out on the holiday. The Rambam (as is his source, the Mishnah, Beitzah 1:2) is speaking after the fact (בדבעיד) - i.e., the person has already uprooted the earth and is questioning whether or not he may use it. This ruling is cited by the Shulchan Aruch (loc. cit.:14).
61.If the earth is powdery, uprooting it from the ground is not considered to be digging a hole (Rambam's Commentary on the Mishnah, Beitzah 1:2). This powdery earth can - in contrast to clods of earth - be used to cover the blood.
62.Crumbling the earth is a derivative of the forbidden labor of grinding.
Chapter Three
Halacha 1
A person who has earth that has been prepared or ash that has been prepared and that may be carried1 may slaughter a fowl or a beast2 and cover their blood [on a holiday]. If he does not have earth that is prepared or ash that may be carried, he should not slaughter [a fowl or a beast on a holiday]. If he transgresses and does in fact slaughter [a fowl or a beast on a holiday], he should not cover its blood until the evening.3
Similarly, on a holiday one should not slaughter an animal concerning which there is a doubt whether it is a wild beast or a domestic animal.4 If a person does slaughter [such an animal on a holiday], he should not cover the blood until the evening.5 [This applies] even when one had earth that was prepared or ash [available],6 lest an observer conclude, "This animal is definitively categorized as a beast, and its blood was therefore covered on the holiday." The observer might then [err] and consider the fat of [this animal] to be permitted.7
Halacha 2
Similarly, if a person slaughtered a beast or a fowl before a holiday [and did not cover the blood at that time], he may not cover it on the holiday.
If a person slaughtered both a domestic animal and a beast or a fowl on a holiday,8 and their blood became mixed, he should not cover it until the evening [following the holiday]. If he had earth that was prepared or ash, and it is possible for him to cover all [the blood] with one shovelful,9 he should do so.
Halacha 3
A person who slaughters an animal on a holiday is permitted to pull off the wool by hand10 from the place where he wishes to slaughter it, provided he does not remove it from its place, but rather leaves it there tangled with the remainder of the wool of the animal's neck.
[When slaughtering] a fowl, by contrast, one may not pull out the feathers, for [doing so by hand] is the usual procedure. Thus, one would be performing [the forbidden labor of] pulling out [feathers] on a holiday.
Halacha 4
When a person skins the hide of an animal on a holiday, he should not salt it. For [salting] is one of the leather-making processes,11 and thus one would be performing a forbidden labor that is not necessary for [the preparation of] food.
One may, however, deposit it12 in a place where people will tread on it,13 so that it will not spoil.14 This leniency was permitted only for the sake of the holiday celebrations, so that a person will not refrain from slaughtering [an animal].15
It is permitted to salt meat to be roasted on this hide. One may act with guile regarding this matter. What is implied? One may salt a small portion of meat on this place, another small portion in another place, until the entire hide has been salted.
Halacha 5
When does the above apply? When one is salting the meat for roasting, and much salt is not required. If, however, one [is salting it for] cooking, [and much salt is required],16 it is forbidden to salt [the meat] on a hide.
Similarly, it is forbidden to salt fats, nor may one flip them or spread them on staves in the wind, because they are not fit to be eaten.17
Halacha 6
When a person skins an animal on a holiday, he should not employ the technique referred to as regol. What is meant by regol? The person removes all the meat from [a hole made] at one foot, leaving the entire hide intact, without being torn. [This is forbidden] because this means of skinning involves great effort, and it is not necessary for the holiday.
Similarly, it is forbidden to cut a handle into the meat.18 [The prohibition applies] only when the handle is made with a knife, thus restricting [the butcher] from following his ordinary practice. [A butcher] may, however, make a sign in the meat.19
Halacha 7
We may pour hot water over the head and the feet [of a slaughtered animal] and singe it with fire [to remove its hair]. We may not, however, apply lime, clay, or loam [for that purpose]. Nor may we trim it with scissors.
We may not pare a vegetable in a decorative fashion. We may, however, trim food that has thorns - e.g., artichokes or cardoon - in a decorative fashion.
Halacha 8
It is permitted to knead a large dough on a holiday.20 If a person kneaded dough on the day before a holiday, he may not separate challah21 from it on the holiday.22 If he kneaded it on the holiday, he may separate challah and give it to a priest.23
If the dough is impure,24 or the challah became impure, the challah should not be baked, for we are allowed to bake on a holiday only for the sake of eating, and this [challah] must be burned.
We may not burn it on a holiday, because we do not burn sacred food that became impure on a holiday.25 For the burning of sacred food that became impure is a positive commandment, as [Leviticus 7:19] states: "And you shall burn it with fire"; and performing a [forbidden] labor [on a holiday] that is not necessary for the sake of [the preparation of] food and the like [nullifies] both a positive commandment and a negative commandment.26 And the fulfillment of a positive commandment does not override the fulfillment of both a positive commandment and a negative commandment.
Halacha 9
What should one do with [this impure challah]? Leave it until the evening and burn it [then].27
On the holiday of Pesach, when leaving [the challah unburned until the day after the holiday] will cause it to become leavened, one should not separate the challah [from] the dough. Instead, one should bake the entire impure loaf, and then separate the challah after it has already [been baked as matzah].
Halacha 10
We may not bake in a new earthenware oven on a holiday. [This is] a decree [instituted] lest [the oven] crack open, spoiling the bread, and tainting the person's festive joy.
We may not rake out [the coals and ash28] of an oven or a range; we may, however, press them down.29 If baking or roasting in it is impossible unless we rake out [the coals and ash], it is permitted to do so.30
We may seal the opening of an oven with mud or sediment from a river bank, provided it was made soft on the previous day. It is forbidden to mix mud on a holiday. We may, however, mix ashes with water [to form a clay-like mixture] to seal the opening of an oven.31
Halacha 11
We may not apply oil to a new range or oven on a holiday, nor may we rub it with a cloth, nor apply cold water to it [after heating it] to seal it.32 When it is necessary [to apply cold water to lower an oven's temperature] so that one can bake [within], it is permitted to do so.33
We may not heat stones34 [with the intent] of roasting or baking upon them, because this seals them. We may heat or bake in an earthenware oven and heat water in a cauldron.35
Halacha 12
We may not make cheese on a holiday. For cheese will not lose its flavor if it is prepared on the day before the holiday.36 In contrast, one may crush spices in the ordinary manner [on a holiday], for if they were crushed before the holiday, they would lose flavor. Salt, however, may not be crushed on a holiday unless one tilts the pestle, crushes it in a bowl, or deviates from the norm in another way. [This restriction was instituted] because salt will not lose its flavor if crushed before the holiday.
We may not grind pepper in a pepper mill.37 Instead, we must crush it in a pestle like other spices.
Halacha 13
We may not crush groats in a large grinder. We may, however, crush them in a small grinder,38 this being the [required] deviation from the norm. In Eretz Yisrael, it is forbidden to do so using even a small grinder, for the grain [that grows there] is of a higher quality, and will not lose [its flavor] if crushed before the holiday.39
Halacha 14
Although flour was sifted on the day prior to the holiday, and its bran removed, it may not be sifted again on a holiday unless a pebble, a sliver of wood, or the like fell into it.40 This is permitted, however, if one deviates from the norm by sifting with the back of the sifter,41 sifting over the table, or the like.
Halacha 15
One may remove grain from husks, remove legumes from their pods, and blow air over them [to cause the husks to fall], using both hands with all one's power, and then partake of them. One may use a tray, or a pot with compartments,42 but not a sifter or a strainer.43
Similarly, a person who separates [the pods of legumes from] the legumes [themselves] on a holiday may separate them in an ordinary way44 in his bosom, and in a pot. He may not, however, use a strainer, a tablet, or a sifter.
Halacha 16
When does the above apply? When there is more food than waste.45 When, however, there is more waste than food, one should separate the food and leave the waste. If, however, more difficulty is involved in separating the waste from the food than in separating the food from the waste,46 one should separate the food from the waste even when there is more food than waste.
Halacha 17
We may not filter mustard using a filter designated for that purpose, since it appears that one is [performing the forbidden labor of] selecting.47 We may, however, [mix] a raw egg [with mustard] in a mustard strainer, and [the mustard] will undergo a process of refinement naturally.48
If a filter was already hanging [over a container before the commencement of the holiday], it is permitted to filter wine through it on the holiday. By contrast, a person may not hang a filter on a holiday, so that he will not be following his weekday practice. One may, however, act with guile, and hang the filter to hold pomegranates, use it for that purpose,49 and then hang the dregs of wine in it [so that the wine will filter through].
FOOTNOTES
1.See the final halachah of the previous chapter.
2.In contrast to a behemah, a domesticated animal (e.g. a cow, sheep, or goat), when a fowl or wild animal (e.g., a deer) is slaughtered, its blood must be covered with earth. (See Hilchot Shechitah, Chapter 14.)
3.See the notes on the final halachah of the previous chapter, which touch on this issue.
4.Most authorities consider this to be referring to an animal that is a crossbreed between a goat and a deer. The Rambam (Commentary on the Mishnah, Chulin 6:1), however, considers this an independent species that the Sages were unable to classify as either an animal or a beast. (See also Hilchot Shechitah 14:4.)
5.The Ramah (Orach Chayim 498:18) states that this ruling applies only when the person slaughtered this animal in a corner. If, however, he slaughtered it in the middle of a courtyard and earth has been prepared and is available, it is permitted to cover its blood on the holiday, just as it is permitted to remove an unpleasant object from sight.
6.In his Commentary on the Mishnah (Bikkurim 2:9), the Rambam w rites that it is forbidden to take this earth, because there is a doubt regarding the animal's classification. This can be interpreted as an indication that even if earth was prepared for use, it may be carried only for a valid reason.
7.As the Rambam explains in Hilchot Ma'achalot Asurot 7:3, we are forbidden to eat only the fat of cows, sheep, and goats. The fat of all other kosher animals and beasts is permitted. Since the animal in question could be considered to be a goat, it is forbidden to eat its fat.
8.Although it is necessary to cover the blood of the beast or fowl, it is not necessary to cover the blood of the domestic animal.
9.Shulchan Aruch HaRav 498:36 and the Mishnah Berurah 498:103 explain that "one shovelful" need not be interpreted literally. The intent is that one would not have to engage in any additional effort to cover the extra blood coming from the animal.
10.This is the key to the leniency. Since one would normally cut the wool away with shears, pulling it away by hand represents a departure from one's ordinary procedure and is therefore permitted. Shearing the wool with a utensil is indeed prohibited.
The Shulchan Aruch (Orach Chayim 498:12) rules more stringently, and forbids intentionally tearing the wool away. According to this view, one may merely smooth it to the sides with one's hands. If, however, it is torn off in the process, that is of no consequence.
11.See Hilchot Shabbat 11:5.
12.A hide from an animal slaughtered on a holiday, in contrast to the hide of an animal slaughtered before the holiday began (Maggid Mishneh; Shulchan Aruch, Orach Chayim 499:3).
13.By the people's treading on it, the tanning process will begin, and it will not spoil.
14.Similarly, one is permitted to place it in the shade or in a cool place so that it will not spoil (Shulchan Aruch HaRav 499:3; Mishnah Berurah 499:4).
15.Because of the fear that its hide will spoil. Our Sages feared that this financial loss would deter a person from slaughtering an animal on the holiday.
16.The Rambam describes the difference between the manner in which meat is salted for cooking and for roasting in Hilchot Ma'achalot Asurot 6:12.
17.Shulchan Aruch Harav 499:10 permits the fats to be carried to a cool shady place, lest their loss prevent the person from slaughtering.
18.To cut the meat in such a way that it will be easier for a customer to carry it home (Rashi, Beitzah 28a).
19.To distinguish meat purchased by one customer from that purchased by another (ibid.).
20.Although the School of Shammai forbids this, the halachah follows the School of Hillel, which rules that baking such a loaf is permitted (Beitzah 22b). The rationale is that a loaf tastes better when cooked in an oven which is full.
21.Numbers 15:20 requires us to separate a portion of dough and give it to the priest as challah. This offering is governed by the rules pertaining to terumah and hence may not be eaten when either the dough or the person partaking of it is impure. In such an instance, it must be burned.
22.On a holiday, one may, however, bring a priest challah that had been separated before the holiday (Chapter 4, Halachah 26; Ramah, Orach Chayim 506:3).
The Ramah also mentions that in the present age, in the diaspora, dough that has been kneaded before the holiday is permitted to be baked on the holiday, and a small portion of bread is left over, from which challah will be separated on the following day.
23.It is ordinarily forbidden to separate the consecrated articles that are due the priests on a holiday (Chapter 4, Halachah 26). Nevertheless, an exception was made in this instance, to allow people the option of eating fresh bread on a holiday.
24.This is the ruling that must be followed in the present age, for we are all ritually impure, and convey ritual impurity to the dough.
25.See Hilchot Pesulei HaMukdashim 19:5.
26.See Chapter 1, Halachah 2.
27.The Noda Biy'hudah (Vol. II, Orach Chayim, Responsum 96) notes that according to Hilchot Pesulei HaMukdashim, loc. cit., it is also forbidden to burn certain sacrificial meats that became disqualified - e.g., piggul and notar - at night. The Rambam does not mention such a restriction, however, with regard to consecrated articles that become impure.
There are, nevertheless, other authorities who differ and forbid the burning at night of consecrated articles that have become impure. (See Be'ur Halachah 506 and the sources mentioned there.)
28.Our translation follows the Rambam's Commentary on the Mishnah (Beitzah 4:5). Beitzah 32b and the Shulchan Aruch (Orach Chayim 507:4) speak of an instance where a brick or part of the lime covering of the oven wall fell and disturbed the cooking process.
29.By hand (Rambam's Commentary on the Mishnah, loc. cit.), seemingly implying that it is forbidden to use a utensil unless necessary.
30.The Maggid Mishneh states that this is permitted even though in the process one will extinguish the coals. Although Chapter 4, Halachah 2, states that it is forbidden to extinguish a fire on a holiday, it is possible to explain that a distinction can be made in this instance, for by extinguishing the flame it becomes possible to cook.
31.This follows the Rambam's position (Hilchot Shabbat 8:16) that one is not liable for mixing clay if one uses ashes. The Ra'avad differs with the Rambam both in Hilchot Shabbat and in this halachah. The Shulchan Aruch (loc. cit.:7) follows the Rambam's view.
32.Contact with cold water after being heated will seal the walls of an earthenware oven.
33.These prohibitions are instituted because these tasks are mundane matters that are not directly associated with the preparation of food on a holiday.
34.All the commentaries see this as a reference to the Mishnah (Beitzah 4:7), which forbids heating "tiles." They question why the Rambam deviated from the wording used there.
35.This refers to a cauldron used during the Talmudic period, made of heavy copper. It was made up of two receptacles, the upper one for water, and the lower one for the coals used to heat the water (Rambam's Commentary on the Mishnah, Shabbat 3:3).
Since the cauldron is large and remains hot for a very long time, one might think that its use would be forbidden on a holiday, lest one create the impression that one is preparing hot water for the day following the holiday (Maggid Mishneh).
36.As mentioned in Chapter 1, Halachot 5-7, our Sages forbade the performance of any labors on a holiday even for the sake of the preparation of food, if it is possible to perform these labors before the holiday begins.
37.The Shulchan Aruch (Orach Chayim 504:1) states that this is forbidden because it is a mundane activity that is inappropriate for a holiday. Others explain that, as stated in Chapter 1, Halachah 7, grinding is forbidden on a holiday.
38.The Shulchan Aruch (Orach Chayim 504:3) states that at present, we are unaware which is considered a small grinder and which a large grinder. Therefore, it is forbidden to use all grinders.
39.Although he accepts the law stated by the Rambam, the Ra'avad differs with the rationale, and explains that in Eretz Yisrael it was always customary to use a small grinder. Therefore, employing one on a holiday is not considered to be a deviation from the norm.
40.Although there are opinions that permit removing the pebble or the sliver by hand, Shulchan Aruch HaRav 506:4 and the Mishnah Berurah 506:12 forbid removing it by hand (for this would be removing waste matter from food as in Halachah 17), and require that the flour be sifted again.
41.If, however, the flour had not been sifted on the previous day, it may not be sifted on the holiday (Shulchan Aruch, Orach Chayim 506:2). It is, however, permissible to have a gentile sift the flour, provided he deviates from the ordinary practice (Ramah).
42.Our translation of these terms is taken from the Rambam's Commentary on the Mishnah (Keilim 16:3). Most other authorities follow different interpretations.
43.The Maggid Mishneh explains that since it is customary to prepare a large quantity using these utensils, it appears as if the person were preparing on the holiday for the weekdays that follow. The Rashba offers another rationale: Since performing this function with these utensils on the Sabbath violates the prohibition against a forbidden labor, the Sages did not want to allow this leniency on the holidays. These reasons are also given for the prohibitions in the clause that follows.
44.I.e., one is thus separating the waste matter from the food.
45.And thus it is likely to be easier to separate the small amount of waste matter, than to separate all the food.
46.When the waste matter is thin and difficult to separate.
47.Which our Rabbis prohibited on a holiday, even when it is performed for the purpose of preparing food.
48.In his Commentary on the Mishnah (Shabbat 20:2), the Rambam explains that when raw eggs are mixed with coarse foods, they cause the lighter matter to rise above the heavier, coarse matter. Thus, mixing the egg with the mustard will cause the dregs of the mustard to be separated.
49.If, however, one does not use the filter for another purpose, one may not use it to filter wine afterwards.
Halacha 1
The six days on which the Torah forbade work are the first and seventh days of Pesach, the first and eighth days of the festival of Sukkot, the festival of Shavuot, and the first day of the seventh month.1 They are referred to as holidays.
The [obligation to] rest is the same on all these days; it is forbidden to perform all types of servile labor,2 with the exception of those labors necessary for [the preparation of] food, as [implied by Exodus 12:16]: "Only that [labor] from which all souls will eat [may you perform]."
Halacha 2
Anyone who rests from "servile labor" on one of these days fulfills a positive commandment,3 for [the Torah] describes them as Sabbaths - i.e., days of rest.4
Whoever performs a labor that is not for the sake of [the preparation of] food on one of these days - e.g., he builds, destroys, weaves, or the like5 - negates [the performance of] a positive commandment and violates a negative commandment6, as [Leviticus 23:7] states: "You shall not perform any servile labor," and [Exodus 12:6] states: "You shall not perform any work on them."
If a person performs [a forbidden labor when observed] by witnesses and [after] receiving a warning, the Torah prescribes that he receive lashes [as punishment].7
Halacha 3
When a person performs several forbidden labors on a holiday after being warned once - e.g., he sows, builds, destroys, and weaves - after receiving a single warning,8 he receives only a single [set of] lashes. There is a distinction between the categories of forbidden labor on the Sabbath, but there is no such distinction on the holidays.9
Halacha 4
A person may be [punished by] lashes for performing on a holiday any labor for which he is liable on the Sabbath, if it is not necessary for the preparation of food, with the exception of the transfer of articles from one domain to another and the kindling of a fire.10
[With regard to these two forbidden labors, an exception is made.11] Since it is permitted to transfer articles for the sake of [the preparation of] food [on holidays], [this activity] was permitted even when it is not necessary for [the preparation of] food. Therefore, it is permitted to transfer an infant, a Torah scroll, a key, or the like from one domain to another. Similarly, it is permitted to kindle a fire, even though it is not for the purpose of [the preparation of] food.12
With regard to the other forbidden labors, [the following principles apply:] Whenever the activity is necessary for [the preparation of] food - e.g., slaughter, baking, kneading, or the like - it is permitted. If it is not necessary for [the preparation of] food - e.g., writing, weaving, building, and the like - it is forbidden.
Halacha 5
Whenever it is possible to perform a labor on the day prior to the holiday without causing any loss or inadequacy, our Sages forbade13 performing such a labor on the holiday itself, even if it is performed for the sake of [the preparation of] food.
Why was this forbidden? This was a decree [instituted], lest a person leave for the holiday all the labors that he could have performed before the holiday, and thus spend the entire holiday performing those labors. Thus, he will be prevented from rejoicing on the holidays and will not have the opportunity to [take pleasure in] eating and drinking.14
Halacha 6
For this very reason, [our Sages] did not forbid transferring articles on a holiday, although the transfer of all [articles] is a task that could be performed before the holiday.
Why was this not forbidden? To increase our festive joy, so that a person can send and bring anything he desires, and thus fulfill his wants, and not feel like someone whose hands are tied.15 With regard to other labors that are possible to be performed on the day before the holiday, since they involve [prolonged] activity, they should not be performed on a holiday.
Halacha 7
What is implied? On a holiday, we do not harvest, thresh, winnow, separate, or grind grain, nor do we sift [flour].16 For all these and any similar activities can be performed on the day prior to the holiday without causing any loss or inadequacy.
Halacha 8
We may, however, knead, bake, slaughter, and cook on a holiday, since if these activities had been performed on the previous day, the taste would be adversely affected. For warm bread or food that is cooked today does not [taste] the same as bread or food that was cooked the day before. Similarly, meat that is slaughtered today does not [taste] the same as meat slaughtered on the previous day. The same rules apply in all analogous situations.17
Similarly, when it would be detrimental for subsidiary activities [involved in the preparation] of food to be performed on the day [before the holiday] - e.g., grinding spices and the like - they may be performed on the holiday.
Halacha 9
It is forbidden to bake or cook food on a holiday [that one intends] to eat during the week,18 because work necessary for [the preparation of] food was permitted solely so that pleasure could be derived from it on a holiday. If, however, one [cooks food] to be eaten on the holiday, and there is food left over, the remainder may be eaten during the week.19
Halacha 10
A woman may fill a pot with meat although she needs only one piece.20 A baker may fill an entire drum with water [to boil] although he needs only one jug.21 And a woman may bake an entire oven full of bread although she needs only a single loaf, for when there is a large quantity of bread in an an oven, it bakes better.22
[Similarly,] a person may salt several pieces of meat23 although he only needs one piece.24 The same applies in all similar situations.
Halacha 11
When a person cooks or bakes on a holiday with the intent of eating the food on that day, or he has invited guests and they did not come, and cooked food or bread remains, [the food] is permitted to be eaten on the following day, whether it is a weekday or the Sabbath,25 provided one does not act with guile.26
If, however, one acts with guile, he27 is forbidden [to partake of the food], even on a Sabbath that follows the holiday. For greater stringency is shown with one who acts with guile than with one who violates the prohibition [against preparing food for the following day on a holiday] intentionally.28
Halacha 12
A person who has an animal that is dangerously ill29 should not slaughter it on a holiday unless he knows that he will be able to eat30 [at least] an olive-sized [portion] of roasted meat before the holiday is completed. [In this way,] he will not be slaughtering [an animal] on a holiday to partake of its meat on an ordinary day. The same principles apply in other similar situations.
Halacha 13
We may not bake and cook on a holiday in order to feed gentiles31 or dogs, as [indicated by Exodus 12:16]:32 "This alone is permitted for you" - i.e., [the leniency is] "for you" and not for gentiles, "for you" and not for dogs.
For this reason, it is permitted to invite a gentile [to share one's meal] on the Sabbath, but not on a holiday, lest one add [more food] for him.33 If, however, a gentile comes [to a Jewish household on a holiday] on his own initiative, he may eat [the food] they eat together with them, for it has already been prepared.
Halacha 14
On a holiday, it is permissible to slaughter an animal that is owned partially by a Jew and partially by a gentile. [This is permitted although the gentile benefits,] because it is impossible [for the Jew] to partake of an olive-sized portion [of the meat belonging to him] without slaughtering the animal.
When, by contrast, dough is owned partially by a Jew and partially by a gentile, it is forbidden to bake it [on a holiday], because the dough can be divided.
[The following rule applies when] the soldiers [of a gentile army] give flour to a Jew and request that he bake them bread on a holiday: If they do not object to giving some of the bread to a baby, it is permitted for him to bake on the holiday. For every loaf of bread is fit to be given to the baby.34
When the shepherds also eat from the loaves they give to the dogs, these loaves may be baked on a holiday.35
Halacha 15
A person who cooks on a holiday for gentiles, for an animal or to keep for a weekday should not be given lashes, because if guests came, the cooked food would be fit to serve them.36 If a person prepares [food] for himself and [food] remains, he is permitted to give it to a gentile or to an animal.
Halacha 16
Bathing and anointing37 oneself are considered in the general category of eating and drinking. They are permitted on a holiday [as indicated by Exodus 12:16]: "Only that [labor] from which all souls will eat [may you perform]" - i.e., all the needs of the body [are permitted].38
Therefore, one may heat water on a holiday and wash his hands and feet. It is, however, forbidden to wash one's entire body. This is a decree,39 [instituted to prevent the use of] bathhouses.40
When water was heated before the commencement of a holiday, one may wash one's entire body with it on the holiday.41 This was prohibited only on the Sabbath.42
Halacha 17
All [activities] that are forbidden on the Sabbath, whether because they resemble a [forbidden] labor, might lead to a forbidden labor, or are placed in the category of sh'vut,43 are forbidden on a holiday unless they are necessary for the preparation of food and the like, or for other purposes that are permitted on a holiday, as will be explained in these laws.
Everything that is forbidden to be carried on the Sabbath,44 is forbidden to be carried on a holiday, except for the purpose [of the preparation] of food and the like. Whatever [activities] may be carried out on the Sabbath may be carried on the holidays. There is, however, [a category of prohibitions] that apply on the holidays, but do not apply on the Sabbath: the prohibitions against muktzeh.45
Muktzeh is forbidden on a holiday, but permitted on the Sabbath. [The rationale is] since the [restrictions pertaining to] the holidays are more lenient than those of the Sabbath, [our Sages] forbade muktzeh, lest one come to treat the holidays with disrespect.46
Halacha 18
What is implied? When a chicken is set aside to lay eggs, an ox is set aside to plow, and doves in a dovecote47 or produce are set aside for sale, these and any similar articles are considered to be muktzeh and may not be eaten on a holiday.
[For them to be permitted,] it is necessary to prepare them on the previous day and have the intent that one will partake of them.48On the Sabbath, by contrast, everything is considered to be prepared and there is no need for preparation.
Just as muktzeh is forbidden on a holiday, so too, an object that first came into existence on the holiday is forbidden.
Halacha 19
[Food] may be prepared49 on a weekday for the Sabbath and [food] may be prepared on a weekday for a holiday, but [food] may not be prepared on a holiday for the Sabbath, nor may [food] be prepared on the Sabbath for a holiday.
Therefore, an egg that was laid on a holiday that follows the Sabbath is forbidden50 - even though the chicken is set aside to be eaten51 - since the egg was finished on the previous day and thus the Sabbath would be preparing for a holiday.
[Our Sages] forbade [eating] an egg that was laid on any holiday. [This is] a decree, [lest one eat an egg laid] on a holiday that follows the Sabbath. Similarly, [our Sages] forbade [eating] an egg that was laid on any Sabbath. [This is] a decree, lest one eat an egg laid] on a Sabbath that follows a holiday.52
Halacha 20
Just as it is forbidden to partake of this [egg], so too, is it forbidden to carry it.53 Even if it becomes mixed with a thousand [other eggs], they are all forbidden. For on the morrow, they will all be permitted, and [the existence of] any forbidden article that will ultimately become permitted is never considered inconsequential, even when mixed with thousands of thousands.54
When a person slaughters a chicken on a holiday and within the chicken finds eggs that already have a shell, it is permitted [to partake of] them, for this is not a frequent circumstance. And [our Sages] did not institute decrees regarding infrequent circumstances that occur only incidentally.55
Halacha 21
Our celebration of every holiday for two days in the diaspora is merely a custom.56 For the second day of the holiday is a Rabbinic institution, innovated during the exile. The inhabitants of Eretz Yisrael observe a holiday for two days only on Rosh HaShanah.57
In Hilchot Kiddush HaChodesh in this volume the fundamental principles pertaining to this custom and the rationale why Rosh HaShanah is universally observed for two days will be explained.
Halacha 22
Although the second day of a holiday is merely a Rabbinic institution, everything that is forbidden on the first day is forbidden on the second. Whoever desecrates the second day of a holiday, even the second day of Rosh HaShanah,58 whether with regard to a prohibition in the category of sh'vut, the performance of a forbidden labor, or by proceeding beyond the [2000-cubit city] limits should be punished by stripes for rebelliousness or should be placed under a ban of ostracism,59 unless [the violator] was a student [of the Torah].60
Just as it is forbidden to deliver eulogies or to fast on the first day of a holiday and we are obligated to rejoice on that day,61 so too, [these same prohibitions and obligations apply] on the second day. There is no difference between them except with regard to [the care of] a corpse.
Halacha 23
What is implied? On the first day of a holiday gentiles should be involved62 with the burial of a corpse,63 and on the second day these activities should be performed by a Jew.64
Everything necessary [for the burial] may be performed - e.g., making a bier, sewing shrouds, picking herbs, and the like. With regard to a corpse, the second day of a holiday is considered to be an ordinary weekday. This applies even to the second day of Rosh HaShanah.
Halacha 24
The two days observed in the diaspora are considered two separate expressions of holiness and are not considered to be a single [extended] day.65 Therefore, an entity that was considered muktzeh on the first day, or first came into existence on the first day, is permitted on the second day if it was designated [for use on that day].
What is implied? An egg that was laid on the first day of a holiday may be eaten on the second. [Similarly,] beast or fowl that were trapped on the first day may be eaten on the second day. [Produce] that was attached to the ground on the first day and separated from it [on that day] may be eaten on the second day. Similarly, one may paint one's eyes on the second day,66 even though one does not feel infirmity.
When does the above apply? To the second days of holidays observed [only] in the diaspora. The two days of Rosh HaShanah are considered to be a single expression of holiness; they are considered to be one [long] day67 with regard to all matters, with the exception of [burying] the dead. An egg that is laid on the first day of Rosh HaShanah is forbidden on the second day. The same applies in all similar instances.
When either the Sabbath or a holiday follows directly after the other, an egg laid on one is forbidden on the other. The same applies with regard to all similar situations.68 Even if an egg was laid on the second day [of a holiday, and that second day] is followed by the Sabbath, the egg should not be eaten on the Sabbath.
FOOTNOTES
1.I.e., Rosh HaShanah, the first of Tishrei, which is the seventh month when counting from Nisan. Significantly, the name Rosh HaShanah is not mentioned in the Torah at all.
2.Our interpretation of the words מלאכת עבודה as "servile labor" is based on the gloss of the Maggid Mishneh on Halachah 5. There he interprets it as referring to tasks that a person would hire a servant to do rather than perform himself.
In his commentary on the Torah (Leviticus 23:7), the Ramban explains that with the expression "servile labor," the Torah intends to distinguish between work performed to prepare food (which he terms "gratifying labor") and the other forms of labor. According to the Ramban, the Torah never forbade the performance of the activities included in the labors necessary for the preparation of food. Any restrictions placed on them are Rabbinic in nature.
The Ramban's conception is also reflected in the statements of Rashi (Beitzah 12a), who interprets the Talmud's ruling (see Halachah 4), "Since [these labors] were permitted for the sake [of preparing food], they are permitted even when [they are performed] without such an intent," as meaning that, according to the Torah, there is no prohibition against performing these labors at all.
Tosafot (Beitzah, loc. cit.) differs and explains that for the performance of a labor to be allowed by the Torah, it must in some way contribute to the pleasure of the holiday. Otherwise, it is forbidden. According to this conception, all the thirty-nine labors forbidden on the Sabbath are prohibited on the holidays as well. There is, however, special dispensation to perform these labors when doing so will increase our holiday pleasure.
The Maggid Mishneh interprets the Rambam's citation of the expression "servile labor" as an indication that he follows the perspective shared by Rashi and the Ramban. Other authorities (e.g., the Lechem Mishneh and the Pri Chadash) do not agree with the Maggid Mishneh's interpretation and explain that the Rambam favors the other position. [See also the Chemdat Yisrael, who explains that the Rambam's statements in Sefer HaMitzvot (Negative Commandment 328) do not concur with the Maggid Mishneh's conception of the Rambam's position.] Note the treatment of this subject in the Or Sameach and in Likkutei Sichot, Vol. XI. (See also the notes on Halachah 4.)
3.Sefer HaMitzvot (Positive Commandments 159-160, 162-163, 166-167) and Sefer HaChinuch (Mitzvot 297, 300, 308, 310, 318, 321) include these six in the reckoning of the Torah's 613 mitzvot.
4.Note Sefer HaMitzvot (Positive Commandment 159), which in addition to the term shabbaton, "day of rest," also mentions the phrase mikra kodesh, "holy convocation," as indicating that one is commanded to sanctify the day by ceasing to perform labor.
5.I.e., any of the 28 of the 39 labors forbidden on the Sabbath that do not involve the preparation of food. (See Hilchot Shabbat 7:1.)
6.Sefer HaMitzvot (Negative Commandments 323-326, 328-329) and Sefer HaChinuch (Mitzvot 298, 301, 309, 311, 319 and 323) include these six in the reckoning of the Torah's 613 mitzvot.
7.This is the minimum punishment given for the violation of a negative commandment that involves a deed.
8.Pesachim 48a, moreover, states that even if a person is given separate warnings for each forbidden labor, each activity is not considered to be a separate violation.
9.The Rambam is referring to the ruling (Hilchot Shabbat 7:7-8) that requires a person who performs activities that fall into two different categories of forbidden labor on the Sabbath to bring two different sin offerings. The performance of an activity from each category of forbidden labor is considered to be a separate violation. Such a distinction does not apply with regard to the performance of forbidden labors on the holidays.
10.The Maggid Mishneh explains the Rambam's position as follows: All the labors forbidden on the Sabbath that involve preparation of food are not prohibited on the holidays. In addition, there are two forbidden labors, kindling a flame and transferring articles, which do not necessarily involve the preparation of food. Nevertheless, since they are sometimes necessary for the preparation of food, they are permitted without any restriction.
Other authorities (e.g., Pri Chadash, Pri Megadim) interpret the Rambam's statements as meaning that even the forbidden labors involved with the preparation of food are permitted only for that purpose. If, however, one performs one of these labors for other reasons - e.g., one cooks food solely to give to animals - one is liable. Moreover, if one performs a forbidden labor that is not usually involved in the preparation of food for the purpose of preparing food, one is liable.
There is a third interpretation, that of the Mabit. (In his Responsum 124, however, he follows the second view.) According to the view he expresses in Kiryat Sefer, even if one performs a forbidden labor (that is not usually involved in the preparation of food) for the purpose of preparing food, one is not liable. As proof, he cites the example of making cheese, an act that the Rambam (Hilchot Shabbat 10:13) considers a derivative of the forbidden labor of building. Nevertheless, making cheese on a holiday is not considered a violation of a forbidden labor and is forbidden only as a sh'vut.
11.The reason for these two exceptions is as follows: Both are often involved in the preparation of food. Alternatively, the transfer of articles is considered "an inferior labor" (Tosafot, Beitzah 12a), and Exodus 35:3: "Do not kindle fire... on the Sabbath day," is interpreted also as an exclusion, indicating that kindling fire is forbidden on the Sabbath, but not on holidays.
12.As mentioned in the notes on Halachah 1, Tosafot requires that the activity bring a person some pleasure. This view is also reflected in the Ra'avad's gloss.
13.The Maggid Mishneh quotes the Ra'avad as stating that this prohibition has its source in the Torah itself. Indeed, the Jerusalem Talmud (Beitzah 1:10) and certain passages in the Babylonian Talmud (Shabbat 95a; Chaggigah 18a) support this view. Nevertheless, most later authorities accept the Rambam's view that the prohibition is Rabbinic in origin.
14.The Ra'avad gives a different rationale: that the extra effort involved in the performance of these activities is out of place on a holiday.
15.The Ra'avad differs with the extent of the leniency granted by the Rambam, restricting it to sending containers and food. He also differs regarding the rationale, explaining that sending the articles on the holiday is a greater expression of honor and respect. The Rambam's ruling is quoted by the later authorities.
16.All these labors, although necessary for the preparation of food, are not intended for the preparation of a particular cooked dish or loaf of bread. Rather, one performs these activities for several days in advance. Therefore, our Sages desired that these activities should not be performed on the festival itself.
It must be noted that these forbidden labors are specifically mentioned in the passage from the Jerusalem Talmud cited above, which states that the prohibition against performing such activities stems from the Torah itself.
17.The Rambam's rationale depends on the concept of freshness. Food that is not fresh loses a certain amount of its flavor. The Ra'avad questions this principle, noting that produce harvested today is also fresher and tastier than produce harvested on the day before. Several authorities offer different observations to counter the Ra'avad's thesis.
18.See Tz'ror HaChayim, which mentions various opinions concerning whether this prohibition has its origin in the Torah itself or in Rabbinic decree. In conclusion, he favors the opinion that the prohibition is Scriptural in origin. (See also Halachah 15.) The doubt exists only with regard to the Rambam's position. Tosafot and others maintain that the prohibition is Scriptural in origin (Shulchan Aruch HaRav 503:1).
19.If, however, one cooked food on a holiday with the intent of eating it on the following day, many authorities (Shulchan Aruch HaRav 503:13) allow the food to be eaten after the holiday. (See also Halachah 11 and notes.)
20.The reason is that the meat is tastier when cooked with many pieces together (Maggid Mishneh).
21.This gives us a second rationale for the leniency of preparing a larger quantity of food than one needs immediately: when, as in the instance mentioned, there is no extra work involved in preparing a large quantity as compared to a small quantity. If either of these two rationales applies, leniency may be taken and the extra amount prepared.
Once, however, the water is left to boil, an additional amount may not be added (Ramah, Orach Chayim 103:2).
22.Rabbenu Yonah explains that this applied in Talmudic times, when the ovens were small. In such an instance, a large number of loaves were placed in the oven at the same time, and it took longer for them to bake, producing a better flavor. If, as was the case with regard to the larger ovens used in the medieval period, adding to the number of loaves does not increase the flavor, it is forbidden to do so. (See Shulchan Aruch, Orach Chayim 507:6.)
23.The salting is intended to drain off the blood so that it is permitted to cook the meat, as stated in Hilchot Ma'achalot Asurot, Chapter 6.
24.Here, also, the leniency is granted because there is no additional difficulty in salting the other pieces. Alternatively, the leniency is allowed so that the remainder of the meat will not spoil. Compare to Chapter 3, Halachah 4.
25.As explained in Chapter 6, just as it is forbidden to prepare food on a holiday for a weekday that follows, our Sages forbade preparing food on a holiday for a Sabbath that follows directly after the holiday, or for the second day of the holiday itself. Nevertheless, as explained in that chapter, our Sages did provide the leniency of establishing an eruv tavshilin.
26.I.e., invite guests although he knows that they will not come, or prepare a large quantity of food when one knows that one will be unable to eat it all, and then use the remainder for the following day.
Shulchan Aruch HaRav 503:7 notes that it has become common practice to cook a meal for the night of the second day of a holiday on the afternoon of the first day, relying on the leniency that one will taste some of the food. He criticizes this practice and explains that women should be taught to discontinue it and prepare the food before the commencement of the holiday.
27.He and the members of his family may not partake of it; other Jews, however, are not restricted (Mishnah Berurah 527:79).
28.The rationale for this stringency is that the example shown by a person with guile might be copied by others, while few will emulate brazen transgression. Moreover, even with regard to the person himself, if he were not punished, a person who acts with guile would never really appreciate the seriousness of his transgression, and would repeat it. When, however, a person willfully violates the Sages' decree, he will not be able to rationalize his conduct. Hence, there is the possibility he will recognize his error (Rashi, Beitzah 17b; Mishnah Berurah 527:78).
29.We are speaking about an instance where the person has already eaten, and hence would not ordinarily consider slaughtering the animal. Nevertheless, because it is dangerously ill, he fears that it will die before the conclusion of the holiday. Our Sages were fearful that he would slaughter the animal regardless, rather than suffer the loss of having it die without ritual slaughter. They therefore established directives that would allow slaughter in most instances (Maggid Mishneh; Rashi, Beitzah 25a). (See also Chapter 6, Halachah 10.)
30.Although the Rambam's wording might be interpreted as indicating that it is necessary to eat at least this amount of meat, the Maggid Mishneh and the later halachic authorities (Shulchan Aruch Harav 498:11; Mishnah Berurah 498:34) explain that it is not necessary to partake of the meat on the holiday.
31.See the Mishnah Berurah 512:2, which states that a Jew who worships false gods or desecrates the Sabbath is considered like a gentile in this regard.
32.The Rambam's citation of a verse from the Torah as a proof-text for this prohibition is interpreted as an indication that he follows the position (see the notes on Halachot 1 and 4) that the labors necessary to prepare food are forbidden by the Torah on the holiday unless one is preparing food for a Jew. As mentioned, others consider the prohibitions to be Rabbinic in origin.
33.This rationale is not applicable on the Sabbath, for then it is not permitted to cook at all.
34.I.e., as long as a portion of the loaf can be given to a baby, one is not cooking solely for the gentiles.
The Maggid Mishneh notes that many (e.g., Tur, Orach Chayim 512) have objected to the Rambam's ruling, based on Beitzah 21a, which appears to establish a correlation between the permission to bake bread for these soldiers and the laws mentioned in the previous halachah regarding inviting gentiles as guests. It appears from that passage that the Sages who forbid inviting guests also forbid baking bread for the soldiers, for the same principle is involved: one is cooking additional food for a gentile.
The Maggid Mishneh, however, explains that there is no contradiction and that the two views can be reconciled. The Jew can be considered to be baking for the sake of the child. For if he did not bake for the soldiers, they would not allow him to bake for the child.
The Rishon LeTzion amplifies the difference between the two situations, explaining that because the person is not baking solely for the gentiles, the prohibition against doing so is merely Rabbinic in origin and can be waived with regard to baking for a gentile army, since the person could suffer substantial financial loss if he refused. In contrast, when inviting guests, one does so on one's own volition, with no loss involved.
As emphasized by Shulchan Aruch HaRav 512:6, this leniency was granted only in this situation, because of the risk of confrontation with the military authorities. One should not apply it to other circumstances. (See also Mishnah Berurah 512:15.)
35.Here also, since one is not baking solely for the dogs, one may bake the bread on a holiday. Although one is adding to the loaf one is baking for the dogs, since it would be possible to satisfy them by giving them meat, it appears that the shepherds are baking the loaf because they want to partake of it themselves (Maggid Mishneh).
As emphasized by the Mishnah Berurah 512:22, this leniency applies even when one has no other food immediately available for the dogs.
36.The Rambam's wording appears to indicate that although the activity is forbidden by the Torah, punishment is not given, because it is possible that his activity might ultimately serve a permitted purpose.
37.The Maggid Mishneh states that anointing oneself is mentioned because it is often necessary to heat oil used to anoint oneself. Anointing oneself with cold oil for pleasure is permitted even on the Sabbath (Hilchot Shabbat 21:23).
38.The Rambam's Commentary on the Mishnah (Beitzah 2:5) explains that the Hebrew יאכל has the connotation of all physical pleasure, not necessarily merely eating or drinking. Note the explanation in Sefer HaMitzvot, negative commandment 187.(See also the Yereim, section 113.)
39.The Jerusalem Talmud (Shabbat 3:3) appears to indicate that the prohibition has its source in the Torah itself. Although Tosafot (Shabbat 39b) accept this view, Rabbenu Yitzchak Alfasi and the Rashba differ and maintain that this prohibition is a Rabbinical decree.
40.As the Rambam explains in Hilchot Shabbat 22:2, our Sages instituted restrictions against bathing on the Sabbath because the attendants would heat up the water on the Sabbath and claim that they had done so on the preceding day. On holidays, although the rules are more lenient, certain restrictions remain. For a discussion concerning the laws of ritual immersion on a holiday, see the notes on Hilchot Shabbat 23:8.
41.Based on the position of Tosafot mentioned previously, the Ramah (Orach Chayim 511:2) forbids washing one's entire body on a holiday as a safeguard, even when the water was heated before the commencement of the holiday. The subsequent Ashkenazic authorities accepted the Ramah's ruling, but were slightly more lenient and allowed washing one's entire body, portion by portion. Greater leniency is, however, shown with regard to washing a baby.
42.See Hilchot Shabbat, loc. cit.
43.See Hilchot Shabbat, Chapters 21-23, which list activities forbidden by the Sages for every category of forbidden labor.
44.See Hilchot Shabbat, Chapters 25 and 26.
45.The term muktzeh as popularly used with regard to the Sabbath prohibitions is not a precise application of the term. Muktzeh literally means "set aside." As used in the context here, it applies to articles that a person did not intend to use on a holiday. Rather, he "set them aside" to be used in the future.
As the Rambam explains in the following halachah, on the Sabbath it is not necessary to have a specific intention to use an object on the Sabbath. As long as there is no reason that prevents one from using it on that day - e.g., the prohibitions mentioned in Hilchot Shabbat, Chapters 25 and 26 - one may carry it on the Sabbath.
46.The Ra'avad differs and states that there are authorities who maintain that articles that are muktzeh are permitted to be carried on holidays. The Rambam's view is quoted by the Shulchan Aruch (Orach Chayim 495:4), while the Tur and the Ramah cite the more lenient view. Shulchan Aruch HaRav 495:13 states that although it is customary to follow the more lenient view, it would be preferable to follow the more stringent ruling.
47.See Chapter 2, Halachah 5.
48.See Chapter 2, Halachah 9.
49.The preparation we are speaking about here is preparation through natural means, and not preparation accomplished by man through performance of labor. As mentioned previously in the chapter, it is forbidden to perform any activities on a holiday that involve the preparation of food for the days that follow. (See the Rambam's Commentary on the Mishnah, Beitzah 1:1.)
50.Based on Pesachim 47a, several Rabbis (Ramban; Shulchan Aruch HaRav 513:1; Mishnah Berurah 513:1) maintain that the prohibition against nolad is Scriptural in origin.
In his Commentary on the Mishnah (loc. cit.), by contrast, the Rambam explicitly states that it is a Rabbinic decree. Nevertheless, since the Commentary on the Mishnah was not widely studied, different perspectives about the Rambam's view have been offered, including that of the Minchat Chinuch (Mitzvah 295), who states that the Rambam would require a person to be punished by lashes for eating such an egg.
51.If the chicken is not set aside to be eaten on the holiday, the egg is forbidden regardless, because of the prohibition against muktzeh (Rambam's Commentary on the Mishnah, loc. cit.).
52.There is no prohibition against eating an egg laid on a weekday that follows a holiday or on a Sunday. Since weekday meals are not significant, we are not concerned that a holiday or a Sabbath prepares for them.
53.The Tur and the Shulchan Aruch (Orach Chayim 513:1) state: "It is forbidden to touch it." Although the prohibition is ordinarily against moving muktzeh, and touching it is permitted, the prohibition is made more severe in the present instance because an egg is round, and even the slightest touch is likely to cause it to roll.
54.Generally, when a forbidden substance becomes mixed with a permitted substance, the presence of the forbidden substance is considered inconsequential (and the mixture permitted) when the taste of the forbidden substance can no longer be recognized, or when it is mixed with more than sixty times its weight of permitted food.
More stringent rulings are made, however, with regard to a forbidden substance that will ultimately become permitted (davar sheyesh lo matirin). The rationale is that since the entire mixture will be permitted within a short time, there is no reason to seek leniencies and partake of it while a portion (although inconsequential) is forbidden (Hilchot Ma'achalot Asurot, chapter 15).
55.The decrees our Sages instituted were meant to serve as safeguards, and a safeguard is necessary only when a situation occurs frequently.
56.See Hilchot Kiddush HaChodesh 5:5, which explains that in the time when the calendar was established on the basis of the testimony of witnesses, the observance of the second day of a holiday in the distant diaspora was necessary because of a doubt regarding the days on which the holidays were to be celebrated. Nevertheless, in the present era, when we use a fixed calendar, the observance of the second day of a holiday in the diaspora is merely a custom. (See also Chapter 6, Halachah 14.)
57.As explained in Hilchot Kiddush HaChodesh 5:7, even when the calendar was established on the basis of the testimony of witnesses, Rosh HaShanah was generally observed for two days throughout Eretz Yisrael. Since it is forbidden to travel beyond 2000 cubits on a holiday, only those living in the immediate vicinity of Jerusalem had the possibility of knowing whether or not the new month had been sanctified.
58.The word "even" has attracted the attention of the commentaries for, as mentioned in Halachah 24, the observance of the second day of Rosh HaShanah is more severe than that of the second day of other holidays. The Lechem Mishneh explains that the intent is that even the observance of the second day of Rosh HaShanah does not warrant a more severe punishment.
59.See Hilchot Talmud Torah, Chapters 6 and 7.
60.The Shulchan Aruch (Orach Chayim 496:1) quotes the Tur, who states "If [the violator] is a Torah scholar, we do not punish him so severely as to place him under a ban of ostracism. He is to be beaten." (See Sha'ar HaTziyun 496:5, which focuses on the difference between these two rulings.)
61.See Chapter 6, Halachah 17.
62.There is a difference of opinion among the Rabbis whether only the actual burial and those activities that involve performance of a forbidden labor must be performed by gentiles, or whether this involves all activities associated with the burial, including the ritual purification of the body, dressing it in shrouds and the like.
The Maggid Mishneh explains that all activities associated with the burial must be performed by a gentile. The Hagahot Maimoniot, by contrast, maintain that any activity that does not actually involve a forbidden labor should be performed by a Jew. The Shulchan Aruch (Orach Chayim 526:1) follows this view.
63.Rashi (Shabbat 139b) and the Baal Halachot Gedolot explain that the leniency of allowing gentiles to bury a Jew on a holiday was instituted as a token of respect for the human body, the repository of the soul. If the body were left unburied, it would decompose and become an aspersion to the dignity of mankind. Therefore, they maintain that if the corpse is not likely to decompose, it should not be buried by gentiles.
Rabbenu Asher and others differ and maintain that the mitzvah of burying the corpse on the day the person dies is the source for this ruling (see Hilchot Sanhedrin 15:8). Therefore, even when the body is not likely to decompose, it should be buried on the first day. The Shulchan Aruch (loc. cit. 526:1) follows this view.
64.The Tur and the Ramah (loc. cit.:4) mention a custom practiced by Rabbenu Tam, which equates the first and second days of a holiday in this regard. The Ramah agrees to this custom when it is possible to find a gentile to perform these labors, but maintains that if it is impossible to perform these labors, they should be performed by Jews.
In practice at present, in some observant communities burials are conducted on the holidays. Nevertheless, the prevailing custom at large - particularly when burying the dead might lead to the unnecessary violation of the laws of the holidays by some - is to postpone the burial until the following day.
65.Originally, the observance of the holidays for two days came as a result of doubt: If the first day was actually the holiday, the second day was an ordinary day. Conversely, if the second day was actually the holiday, the first day was an ordinary day. Therefore, they were considered to be two different expressions of holiness. (See Chapter 6, Halachah 12.)
66.The Ramah (Orach Chayim 496:2) interprets this as referring to an irritation that does not involve any danger. As such, tending to it by a Jew is forbidden on the first day of a holiday. On the second day, because it brings a person relief from pain, leniency is shown. The same law applies to all other remedies of this nature.
67.Since they were universally observed, even within Eretz Yisrael.
68.I.e., all instances of nolad.
Chapter Two
Halacha 1
A chick that is hatched on a holiday is forbidden [to be handled], because it is muktzeh.1 [A different rule applies,] however, when a calf is born on a holiday: If its mother was designated to be eaten, the calf is also permitted,2 for it is considered to be designated, because of its mother. If its mother had been slaughtered [on a holiday], the calf in her womb would also have been permitted [to be eaten] on the holiday, even though it had not been born.3
Halacha 2
When animals graze beyond the [2000-cubit] limits granted to a city, but return and spend the night inside the city, they may be designated [for our use on the holiday]. We may take these [animals] and slaughter them on a holiday.
When, by contrast, they both graze and spend the night4 beyond the [2000-cubit] limits granted to a city, we may not slaughter them on a holiday if they come to the city on that day. They are muktzeh, and the attention of the inhabitants of the city is not focused on them.
Halacha 3
Similarly, when a consecrated animal5 became blemished on a holiday, since one did not intend to eat the animal on the previous day, it may not be slaughtered on a holiday.
For this reason, it is forbidden to inspect the blemishes of a consecrated animal on a holiday.6 [This is] a decree, [instituted] lest the sage consider the blemish [permanent] and hence permit [the animal to be used for mundane purposes], and its owner will slaughter it immediately. When, however, a sage has inspected a blemish on the day prior to the holiday, he may [render a decision] on the holiday, permitting or forbidding [its use].
Halacha 4
When [on the day of a holiday] a firstborn animal is born with a blemish, it is considered as if it were prepared [to be slaughtered].7 Nevertheless, [the blemish] may not be inspected on the holiday.8 If, however, one transgressed and had the blemish checked, and [the sage ruled that] the animal is permitted to be slaughtered, one is permitted to slaughter it and partake of its meat.
When a firstborn animal falls into a cistern [on a holiday], one should give it the [necessary] nourishment while in the cistern. One is not allowed to pull it out, because it is not fit to be slaughtered on the holiday.9
[The following rules apply when] a cow and its calf both fall into a cistern [on a holiday]:10 We may take one out with the intent of slaughtering it, and then refrain from slaughtering it. One may then act with guile, and take the other out with the intent of slaughtering it, and then slaughter either of them that one desires.11 We are permitted to act with guile, because of the suffering the animal endures.12
An unconsecrated animal that fell from a roof and stood for an entire day13 requires inspection [before we are allowed to partake of it].14 Nevertheless, it may be slaughtered on a holiday and then inspected, for the possibility exists that it is kosher, and then its [meat] could be eaten.
Halacha 5
[All] ducks, chickens, and doves [kept] in one's home are considered to be prepared [to be slaughtered], and need not be designated. Doves [kept in] a dovecote, [wild] doves that nest in one's loft, and [other] fowl that nest in basins,15 on buildings, or in orchards, are considered muktzeh.16
[To slaughter them on a holiday,] it is necessary on the previous day to designate them and say, "I will take these and these." There is no need actually to shake [the nest or the doves].
Halacha 6
[The following rules apply when] one designated both black and white doves, and on the following day found the white doves in the place of the black ones and the black ones in the place of the white ones. It is forbidden to take them, because it is possible that [the doves that were designated] flew away and these are others. [Therefore, we follow the principle:] Whenever there is a doubt whether [doves] have been designated or not, they are forbidden.17
If he designated two and found three, they are all forbidden.18If he designated three and found two, they are permitted. If he designated doves inside the nest, but found them in front of the nest, he is permitted to take them, provided that these were the only doves in the nest, and they are unable to fly. Although there is another nest within fifty cubits19 at a diagonal, these doves are permitted, for doves that waddle, waddle only in a straight line to their nests.
Halacha 7
[The following rules apply to] fish in large ponds,20 beasts and fowl in large pens, and any other beast that has to be snared to the point where it is necessary to say, "Bring a net so that we can snare it": [Such a living creature] is considered muktzeh and may not be snared on a holiday.21 If it is snared, it may not be eaten.
[By contrast,] every [living creature that can be snared] without a net is considered to be designated. It may be snared on a holiday and we may partake of it.
Similarly, when a wild beast establishes its home in an orchard near a city,22 its small offspring that do not require [effort to] capture need not be designated, because one has in mind [to take] them [for food for the holiday].
Halacha 8
Although on the day before a holiday a [hunter] set snares for a beast, fowl, or for fish, on the holiday itself he should not take the living creatures that were captured unless he knows that they were captured before the holiday.23
When a person makes a dam in a water conduit24 on the day before the holiday, and gets up early the next morning and finds fish there, they are permitted. They were already trapped before the commencement of the holiday. [Hence,] they are considered to be designated [to be eaten].
Halacha 9
When a [closed] building was filled with produce that had been designated [for use] and was opened [by natural forces on a holiday], one is permitted to take [produce] from the opening.25
A person who stands and surveys fruit set out to dry on the day prior to a holiday26 in the Sabbatical year,27 when all the produce is ownerless, must make a mark and say, "I will take [the produce] from here to here." If he did not make a mark,28 he may not take [the produce].
Halacha 10
[The following rules apply] when a gentile brings a present29 [of food] for a Jew on a holiday: If some of the type of produce that he brings is still attached to the ground30 [in the fields], or if he brought an animal, fowl, or fish that could possibly have been snared on the day [of the holiday], they are forbidden31 until the evening.32 [Moreover, one must wait] enough time for it to have been possible to perform [the forbidden activity after the conclusion of the holiday].33 Even [if the gentile brings] a myrtle or the like, one should not smell its fragrance until the evening, after waiting the time necessary [to pick it].
If none of the type of produce that he brings remains attached to the ground, or it is clear from the form [of the produce] that it was picked on the previous day, or it is clear from the form [of the fish or the animal] that they were caught on the previous day, they are permitted, provided they were brought from within [the city's 2000-cubit] limit. If they were brought from outside [the city's 2000-cubit] limit, they are forbidden.
Food that was brought from outside [the city's 2000-cubit] limit for one Jew is permitted to be eaten by another.34
Halacha 11
When branches fall from a palm tree on a holiday, it is forbidden to use them as firewood, because of the prohibition of nolad. If, however, they fell [directly] into an oven, one may add a larger quantity of wood prepared [for kindling], and may kindle them.35
One may not begin taking from a pile of straw or a storage pile of wood36 [on a holiday] unless one prepared to do so on the previous day, for they are muktzeh. If the straw is mixed with thorns it is permitted, for its only [possible] use is for kindling.
Halacha 12
It is forbidden to chop wood that had been placed in a pile of beams, for it is muktzeh.37 Nor may one [chop wood] from a beam that broke on a holiday, because it is nolad.38Similarly, utensils that broke on a holiday may not be used for kindling,39 because they are nolad.40
However, one may use utensils that are intact41 or utensils that were broken before the commencement of a holiday for kindling, for they were prepared to be used for purposes [other than that for which they were originally suitable] before the holiday.
Similarly, when nuts or almonds were eaten before the commencement of a holiday, their shells may be used for kindling on the holiday. If, however, they were eaten on the holiday, their shells may not be used for kindling.42
There are, however, versions [of the Talmud] that read: If they were eaten before nightfall, we may not use their shells for kindling, because they have become muktzeh.43 If, by contrast, they were eaten on the holiday, they may be used for kindling, because they are considered to be designated for use, because of the food [they contained].44
Halacha 13
A freshly-cut thorny [branch] is muktzeh, because it is not fit for kindling.45 Therefore, one may not use it as a spit for roasting meat. The same applies in all similar situations.
Halacha 14
We may take wood that is placed next to the walls46 of a hut47 to use for kindling, but we may not bring it from the field, even if it had been collected there on the day before [the holiday].48 One may, however, collect wood lying before him in the field and kindle it there.49
One may also bring [wood] that was stored in a private domain, even one that was not enclosed for the purpose of human habitation, provided it has a fence with a gate, and is located within the Sabbath limits. If even one of these conditions is not met,50 [the wood] is muktzeh.
Halacha 15
Although the leaves of reeds or vines have been collected in an enclosure, since they can be dispersed by the wind it is considered as if they have already been dispersed, and [using them] is forbidden.51 If, however, one placed a heavy utensil over them before the holiday, they are permitted [to be used].52
Halacha 16
[The following rules apply when] an animal dies on a holiday: If it was very ill on the day before the holiday, one may cut it up [and feed it] to the dogs.53 If not, since he had not had it in mind, it is muktzeh and should not be moved.
When a consecrated animal dies54 or terumah becomes impure [on a holiday],55 it may not be moved.
Halacha 17
Fish, fowl, and beasts that are muktzeh may not be given water on a holiday, nor is it permitted to place food before them.56 [This is a safeguard instituted] lest one come and take them.57
Any [objects or living creatures] that are forbidden to be eaten or used on a holiday because they are muktzeh are also forbidden to be carried.
Halacha 18
When a person brings earth into his domain on the day before a holiday, it is considered to be prepared for use, provided that he designates a corner of his courtyard as its place. It may then be carried and used for all his needs.58
Similarly, ash that [came from fuel] burned on the previous day is considered to be prepared for use. If it [came from fuel] burned on the holiday itself, it is permitted for use as long as it is warm enough to cook an egg, for it is still considered to be fire. If it is not [that warm], carrying it is forbidden, because it is nolad.59
[The following rules apply when] a person has an iron shaft implanted in the ground before the holiday, and he pulls it out60on the holiday, uprooting earth: If the earth is powdery,61 it may be used to cover [any spills], and it may be carried for that purpose. If, however, the person raised up a clod of earth, it may not be crumbled on the holiday.62
FOOTNOTES
1.Since one could not know whether the chick would be hatched on the holiday itself or not, there is no way one could designate it as food. Hence, it falls into the category of muktzeh. Indeed, even the more lenient opinions that allow muktzeh to be used on a holiday forbid slaughtering such a chick, since before it was hatched it was not useful for any purpose whatsoever (Shulchan Aruch HaRav 513:19; Mishnah Berurah 513:36).
2.This applies only when we know that the calf has undergone a full period of gestation. If not, it is forbidden to be slaughtered on the day it was born (Hilchot Ma'achalot Asurot 4:4).
3.For the slaughter of the mother also causes the calf to be permitted (Ibid. 5:13-14).
4.The Rambam is employing the wording of the Mishnah, Beitzah 5:6. In his Commentary on the Mishnah (based on Beitzah 40a), the Rambam explains that this refers to animals that graze outside the city limits from the spring until the beginning of the rainy season. This interpretation also changes the definition of animals that "return and spend the night inside the city," to refer to those that return to the city occasionally. These definitions are reflected in the decisions of Shulchan Aruch HaRav 498:5 and the Mishnah Berurah 498:12,14.
5.This refers to a firstborn animal, which is consecrated by birth. Alternatively, the intent is the tenth animal after a herd has been tithed. These animals may not be offered as a sacrifice, because the Temple is destroyed. The law is that the firstborn must be given to a priest, who may not slaughter it until it acquires a permanent blemish. The tithed animal may be kept by its owner, who may slaughter it after it acquires a blemish. The designation of a blemish as permanent or not must be made by a sage trained in this field.
6.The Rambam maintains that even if the animal had acquired the blemish before the holiday, it must be inspected before the holiday, and not on the holiday itself (Maggid Mishneh).
7.For until birth, the animal could have been eaten by slaughtering its mother.
8.The animal may not be checked by an experienced sage to see whether the blemish is permanent or not. This restriction is an extension of the Rabbinic safeguard mentioned in the previous halachah.
9.As such, moving the animal is forbidden. Therefore, the only alternative is to wait until the conclusion of the holiday and in the interim, to feed the animal while it is in the cistern.
10.As Leviticus 22:28 states, it is forbidden to slaughter both these animals on the same day. Thus, it would seem that we could take only one out of the cistern, and the other would be considered muktzeh.
11.From the wording chosen by the Rambam, it appears that it is necessary to slaughter one of the animals. The Maggid Mishneh cites a passage from the Jerusalem Talmud (Beitzah 3:4), from which one might infer that this is not necessary, but he cites the opinion of the Rashba, who recommends slaughtering one of the animals.
12.See Hilchot Shabbat 21:9-10 for other examples of leniencies granted by our Sages in consideration of the suffering endured by an animal. See also the Rambam's Commentary on the Mishnah (Beitzah 3:4), which states that consideration of the suffering endured by an animal is a Scriptural obligation.
13.Although this phrase appears in the standard printed texts of the Mishneh Torah, we have placed it in brackets, because a) it is omitted from many authoritative manuscripts and early printings, and b) it does not fit the Rambam's statements regarding the subject in Hilchot Shechitah 9:19.
One might justify the inclusion of the bracketed phrase by explaining that according to the Rambam, the possibility that the animal may not be kosher does not disqualify its slaughter on the festival. Nevertheless, the prevailing opinion (Shulchan Aruch HaRav 498:8) is that we are allowed to slaughter an animal on a festival only when it is likely to be kosher.
14.See Hilchot Shechitah 9:9,17, where the Rambam states that an animal that falls from a roof and is unable to walk afterwards must be inspected after it was slaughtered to see whether any of its vital inner organs were crushed.
15.In the Talmudic era, basins were built into the facades of homes for doves to nest.
16.The Maggid Mishneh states that there is a difference of opinion among the Rabbis regarding whether this law refers to large doves that are able to fly, or to small doves that are unable to do so.
The more stringent view maintains that since the doves are able to fly away, they must be snared, and this labor is forbidden. The more lenient view maintains that since the doves have nested in these places, great effort is not required to snare them, and this is permitted on a holiday. From the Rambam's wording, it appears that he subscribes to the more lenient view. The Shulchan Aruch (Orach Chayim 497:9) follows the more stringent opinion.
17.As a rationale for this stringency, the Maggid Mishneh explains that the doves will be permitted for eating on the following day with no restrictions. Therefore, we are required to wait until then to partake of them, as explained in Chapter 1, Halachah 20.
18.In his Commentary on the Mishnah (Beitzah 1:3), the Rambam explains two reasons for this restriction:
a) It is possible that this entire group is made up of new doves that came from afar;
b) Even if two of the doves were the ones designated on the previous day, the entire group is forbidden because they were joined by a third dove who is not distinguished from them.
19.It is an accepted principle that doves will not waddle further than 50 cubits. Even within these 50 cubits, they will not walk on a diagonal.
20.The Ra'avad explains that this restriction also applies to fish in small ponds. Since fish cannot always be seen easily and are difficult to snare even in a small pond, greater stringency is applied with regard to them. His opinion is cited by the Shulchan Aruch (Orach Chayim 497:1).
21.It would appear that the reason that snaring is forbidden is not the fact that it is one of the 39 forbidden labors, for it is necessary for the preparation of food. Rather, it is forbidden as a result of the Rabbinic prohibition against muktzeh (Meiri, P'nei Yehoshua, Beitzah 23b).
22.This leniency does not apply when the animals make their home more than 70 cubits beyond the city limits (Shulchan Aruch, loc. cit.:8), for then a person would not be likely to have these animals in mind for his holiday meals.
23.This ruling depends on the principle mentioned in Halachah 6, that whenever there is doubt whether or not an article had been designated for use on a holiday, it is forbidden.
24.As explained by the Ramah (Orach Chayim 497:5), Shulchan Aruch HaRav 497:1 and the Mishnah Berurah 497:14, this refers to a narrow waterway that has been dammed at both ends. Hence, there is no difficulty in catching the fish, and they can be considered to be designated before the commencement of the holiday.
25.We do not say that since the building was closed before the commencement of the holiday, the produce is no longer considered designated for use. There are authorities (Rashba, Rabbenu Asher) who follow a more stringent view, and maintain that the produce is permitted only when it appeared that the building would open. Nevertheless, according to the Rambam (as well as Rabbenu Yitzchak Alfasi and the Ramban), the fact that it is located in a closed building does not alter the status of the produce. When, as in the instance described, it is possible to take it, doing so is permitted. The Shulchan Aruch (Orach Chayim 518:9) quotes the Rambam's ruling.
26.The Mishnah (Beitzah 4:7) mentions this instance with regard to the Sabbath. Since the Rambam maintains that the prohibitions against muktzeh do not apply on the Sabbath, he cites these laws with regard to the holidays.
27.The Sabbatical year is mentioned because there is no obligation to tithe in that year. In other years, the produce would not be considered to be designated for use until it had been tithed, and it is not customary to tithe fruit that has been set out to dry until it is fully dried. (See the Rambam's Commentary on the Mishnah, Beitzah, loc. cit.)
28.I.e., the person must make a mark on the ground to designate the area from which he desires to take produce. In Halachah 5, the Rambam does not require a person to perform a deed while designating doves to be eaten (thus negating the opinion of the School of Shammai). In this instance, however, since people do not generally eat fruit left out to dry until it is completely dry, it is necessary for him to perform a deed to clarify his intent. The Ramah (495:4) differs and does not require that a deed be performed even in this instance.
29.The same laws apply with regard to gentile merchants who desire to sell produce or other types of food on a holiday.
30.When this type of produce is still growing in the ground, there is the possibility that the gentile harvested it on the holiday itself.
31.There are two reasons why these foods are prohibited: a) because a Jew may not have a gentile perform forbidden labors on the Jew's behalf on a holiday,
b) because the food he brings is muktzeh.
32.There is a difference of opinion among the Rabbis if, in the diaspora, an object that became forbidden for these reasons on the first day of a holiday is permitted to be used on the second day or not. The Shulchan Aruch (Orach Chayim 515:1) allows it to be used on the second day of the holiday after one waits enough time to perform the forbidden labor. The Ramah requires the person for whom the gentile brought the produce to wait until after the conclusion of the holiday. In times of need, however, he enables the produce to be used by the person's guests on the second day.
33.This safeguard ensures that one will derive no benefit at all from the gentile's activity, nor ask him to perform such a labor again.
34.Although such food is also forbidden to all the members of the household of the person for whom it was brought.
35.Beitzah 4b explains that the restrictions applying to an entity that will become permitted at a later date do not apply with regard to this wood, since the benefit one receives from the wood comes after it has been consumed by the flames. It is permitted to add the larger quantity of permitted wood because we are allowed to nullify the existence of a prohibited entity if the prohibition is Rabbinic in origin. (See also Hilchot Ma'achalot Asurot 15:26.)
Rabbenu Nissim states that this leniency is granted only when there is also some permitted wood in the oven. If not, one may not nullify the prohibited wood. His opinion is quoted by the Shulchan Aruch HaRav 507:3 and the Mishnah Berurah 507:7).
36.This refers to straw or wood that has been set aside to be sold.
37.This refers to wood that has been set aside to be used for construction (Rashi, Beitzah 31b).
38.Before the holiday the beam was part of a building, and only on the holiday itself did the possibility of its being used for other purposes arise. Therefore, it is considered to be nolad.
39.If, however, it is still possible to use the pieces to perform the task originally performed with the utensil, the pieces are still permitted to be used for kindling or for any other purpose (Shulchan Aruch HaRav 501:11; Mishnah Berurah 501:29).
40.Although the utensil existed beforehand, no one considered using it for kindling while it was intact. Only when it became broken was it considered to be fit for kindling. Hence, it is considered to be nolad.
41.If a person desires to use an intact utensil for kindling, there is no difficulty. Since the utensil is intact, carrying it is permitted.
42.Because the possibility of using them for kindling arose only on the holiday, they are considered to be nolad.
43.For it is uncommon to use nut shells for any material purpose. See Hilchot Shabbat 25:6,12.
44.The Shulchan Aruch (Orach Chayim 501:7) quotes the former version as halachah.
45.Wood is not fit for kindling until it dries out. (See Chapter 4, Halachah 11.)
46.We may not, however, take wood that is used for the walls themselves, for by doing so we would be destroying a building (Beitzah 30b).
47.We have translated the term sukkah as hut, because this law applies throughout the year, not only to the sukkot constructed on the holiday of that name. (See Kessef Mishneh; Mishnah Berurah 518:38.)
48.From the Rambam's mention of this law in the chapter dealing with the subject of muktzeh, it would appear that he considers muktzeh as the rationale for this restriction as well. Other authorities have offered other rationales; among them, that collecting wood in the field is forbidden because it is a mundane activity unfit for the sacred atmosphere of the holidays. Alternatively, it resembles the forbidden labor of me'amer, collecting sheaves (Mishnah Berurah 501:11).
49.Several later authorities (Rav Shlomo Luria; Shulchan Aruch HaRav 501:7) are more stringent, and rule that since it is usual to collect wood from a field, doing so on a holiday bears too close a resemblance to the forbidden labor of me'amer. Hence, this leniency is allowed only in an open courtyard.
50.I.e., it is forbidden if the wood is scattered in a courtyard, or the courtyard is beyond the Sabbath limits or lacks a fence with a gate.
51.In this instance as well, it appears that the Rambam considers this restriction as an outgrowth of the prohibition against muktzeh. Since it is possible that they will become dispersed, one does not rely on their remaining in their place.
Other authorities explain that the restriction is a safeguard against performing the forbidden labor of me'amer. (See Mishnah Berurah 501:18,20.)
52.Even if they are dispersed. By placing the heavy utensil upon them, the person indicated his intent that the leaves be used for kindling. This leniency is not accepted by the authorities who explain that the restriction is a safeguard against performing the forbidden labor of me'amer.
53.I.e., since it was ill, the person considered the likelihood that it would die. Even before the holiday began, he had it in mind to feed the carcass to his dogs.
54.A consecrated animal that dies may not be used for any mundane purposes; its corpse must be buried. Therefore, even if it was sick on the day before the holiday, it may not be moved on the holiday (Rambam's Commentary on the Mishnah, Beitzah 3:5).
55.Terumah that becomes impure must be given to a priest, who can use it for kindling or feed it to his animals. Nevertheless, it is forbidden to perform either of these activities on a holiday. Hence, the impure terumah may not be used that day, and thus becomes muktzeh (Rashi, Beitzah 27b).
56.This applies even to living creatures for which the person is required to provide food. The restriction involves placing the food directly before the animals. It is permitted to place it far from the usual place, for this departure from the norm will remind one not to pick up the animals (Shulchan Aruch HaRav 497:5; Mishnah Berurah 497:5).
57.For this reason, this prohibition does not apply to feeding non-kosher animals (Maggid Mishneh).
58.As mentioned in the first halachah of the following chapter, earth was necessary for covering the blood of fowl and wild beasts that were slaughtered. In Talmudic times, when the homes had earthen floors, earth was also used to cover spills, excrement, and other filth. Since the earth was not flattened, we do not say that the person brought it in to use as part on the floor. Instead, we allow him to use it for other purposes (Shulchan Aruch, Orach Chayim 498:17).
59.The Shulchan Aruch (loc. cit.:15) states that, after the fact (בדבעיד), if one has already slaughtered a fowl or beast, it is preferable to use even cold ash, rather than negate the mitzvah of covering the blood.
60.The Rambam's statements should not be interpreted as license to, in fact, implant a shaft in the ground and pull it out on the holiday. The Rambam (as is his source, the Mishnah, Beitzah 1:2) is speaking after the fact (בדבעיד) - i.e., the person has already uprooted the earth and is questioning whether or not he may use it. This ruling is cited by the Shulchan Aruch (loc. cit.:14).
61.If the earth is powdery, uprooting it from the ground is not considered to be digging a hole (Rambam's Commentary on the Mishnah, Beitzah 1:2). This powdery earth can - in contrast to clods of earth - be used to cover the blood.
62.Crumbling the earth is a derivative of the forbidden labor of grinding.
Chapter Three
Halacha 1
A person who has earth that has been prepared or ash that has been prepared and that may be carried1 may slaughter a fowl or a beast2 and cover their blood [on a holiday]. If he does not have earth that is prepared or ash that may be carried, he should not slaughter [a fowl or a beast on a holiday]. If he transgresses and does in fact slaughter [a fowl or a beast on a holiday], he should not cover its blood until the evening.3
Similarly, on a holiday one should not slaughter an animal concerning which there is a doubt whether it is a wild beast or a domestic animal.4 If a person does slaughter [such an animal on a holiday], he should not cover the blood until the evening.5 [This applies] even when one had earth that was prepared or ash [available],6 lest an observer conclude, "This animal is definitively categorized as a beast, and its blood was therefore covered on the holiday." The observer might then [err] and consider the fat of [this animal] to be permitted.7
Halacha 2
Similarly, if a person slaughtered a beast or a fowl before a holiday [and did not cover the blood at that time], he may not cover it on the holiday.
If a person slaughtered both a domestic animal and a beast or a fowl on a holiday,8 and their blood became mixed, he should not cover it until the evening [following the holiday]. If he had earth that was prepared or ash, and it is possible for him to cover all [the blood] with one shovelful,9 he should do so.
Halacha 3
A person who slaughters an animal on a holiday is permitted to pull off the wool by hand10 from the place where he wishes to slaughter it, provided he does not remove it from its place, but rather leaves it there tangled with the remainder of the wool of the animal's neck.
[When slaughtering] a fowl, by contrast, one may not pull out the feathers, for [doing so by hand] is the usual procedure. Thus, one would be performing [the forbidden labor of] pulling out [feathers] on a holiday.
Halacha 4
When a person skins the hide of an animal on a holiday, he should not salt it. For [salting] is one of the leather-making processes,11 and thus one would be performing a forbidden labor that is not necessary for [the preparation of] food.
One may, however, deposit it12 in a place where people will tread on it,13 so that it will not spoil.14 This leniency was permitted only for the sake of the holiday celebrations, so that a person will not refrain from slaughtering [an animal].15
It is permitted to salt meat to be roasted on this hide. One may act with guile regarding this matter. What is implied? One may salt a small portion of meat on this place, another small portion in another place, until the entire hide has been salted.
Halacha 5
When does the above apply? When one is salting the meat for roasting, and much salt is not required. If, however, one [is salting it for] cooking, [and much salt is required],16 it is forbidden to salt [the meat] on a hide.
Similarly, it is forbidden to salt fats, nor may one flip them or spread them on staves in the wind, because they are not fit to be eaten.17
Halacha 6
When a person skins an animal on a holiday, he should not employ the technique referred to as regol. What is meant by regol? The person removes all the meat from [a hole made] at one foot, leaving the entire hide intact, without being torn. [This is forbidden] because this means of skinning involves great effort, and it is not necessary for the holiday.
Similarly, it is forbidden to cut a handle into the meat.18 [The prohibition applies] only when the handle is made with a knife, thus restricting [the butcher] from following his ordinary practice. [A butcher] may, however, make a sign in the meat.19
Halacha 7
We may pour hot water over the head and the feet [of a slaughtered animal] and singe it with fire [to remove its hair]. We may not, however, apply lime, clay, or loam [for that purpose]. Nor may we trim it with scissors.
We may not pare a vegetable in a decorative fashion. We may, however, trim food that has thorns - e.g., artichokes or cardoon - in a decorative fashion.
Halacha 8
It is permitted to knead a large dough on a holiday.20 If a person kneaded dough on the day before a holiday, he may not separate challah21 from it on the holiday.22 If he kneaded it on the holiday, he may separate challah and give it to a priest.23
If the dough is impure,24 or the challah became impure, the challah should not be baked, for we are allowed to bake on a holiday only for the sake of eating, and this [challah] must be burned.
We may not burn it on a holiday, because we do not burn sacred food that became impure on a holiday.25 For the burning of sacred food that became impure is a positive commandment, as [Leviticus 7:19] states: "And you shall burn it with fire"; and performing a [forbidden] labor [on a holiday] that is not necessary for the sake of [the preparation of] food and the like [nullifies] both a positive commandment and a negative commandment.26 And the fulfillment of a positive commandment does not override the fulfillment of both a positive commandment and a negative commandment.
Halacha 9
What should one do with [this impure challah]? Leave it until the evening and burn it [then].27
On the holiday of Pesach, when leaving [the challah unburned until the day after the holiday] will cause it to become leavened, one should not separate the challah [from] the dough. Instead, one should bake the entire impure loaf, and then separate the challah after it has already [been baked as matzah].
Halacha 10
We may not bake in a new earthenware oven on a holiday. [This is] a decree [instituted] lest [the oven] crack open, spoiling the bread, and tainting the person's festive joy.
We may not rake out [the coals and ash28] of an oven or a range; we may, however, press them down.29 If baking or roasting in it is impossible unless we rake out [the coals and ash], it is permitted to do so.30
We may seal the opening of an oven with mud or sediment from a river bank, provided it was made soft on the previous day. It is forbidden to mix mud on a holiday. We may, however, mix ashes with water [to form a clay-like mixture] to seal the opening of an oven.31
Halacha 11
We may not apply oil to a new range or oven on a holiday, nor may we rub it with a cloth, nor apply cold water to it [after heating it] to seal it.32 When it is necessary [to apply cold water to lower an oven's temperature] so that one can bake [within], it is permitted to do so.33
We may not heat stones34 [with the intent] of roasting or baking upon them, because this seals them. We may heat or bake in an earthenware oven and heat water in a cauldron.35
Halacha 12
We may not make cheese on a holiday. For cheese will not lose its flavor if it is prepared on the day before the holiday.36 In contrast, one may crush spices in the ordinary manner [on a holiday], for if they were crushed before the holiday, they would lose flavor. Salt, however, may not be crushed on a holiday unless one tilts the pestle, crushes it in a bowl, or deviates from the norm in another way. [This restriction was instituted] because salt will not lose its flavor if crushed before the holiday.
We may not grind pepper in a pepper mill.37 Instead, we must crush it in a pestle like other spices.
Halacha 13
We may not crush groats in a large grinder. We may, however, crush them in a small grinder,38 this being the [required] deviation from the norm. In Eretz Yisrael, it is forbidden to do so using even a small grinder, for the grain [that grows there] is of a higher quality, and will not lose [its flavor] if crushed before the holiday.39
Halacha 14
Although flour was sifted on the day prior to the holiday, and its bran removed, it may not be sifted again on a holiday unless a pebble, a sliver of wood, or the like fell into it.40 This is permitted, however, if one deviates from the norm by sifting with the back of the sifter,41 sifting over the table, or the like.
Halacha 15
One may remove grain from husks, remove legumes from their pods, and blow air over them [to cause the husks to fall], using both hands with all one's power, and then partake of them. One may use a tray, or a pot with compartments,42 but not a sifter or a strainer.43
Similarly, a person who separates [the pods of legumes from] the legumes [themselves] on a holiday may separate them in an ordinary way44 in his bosom, and in a pot. He may not, however, use a strainer, a tablet, or a sifter.
Halacha 16
When does the above apply? When there is more food than waste.45 When, however, there is more waste than food, one should separate the food and leave the waste. If, however, more difficulty is involved in separating the waste from the food than in separating the food from the waste,46 one should separate the food from the waste even when there is more food than waste.
Halacha 17
We may not filter mustard using a filter designated for that purpose, since it appears that one is [performing the forbidden labor of] selecting.47 We may, however, [mix] a raw egg [with mustard] in a mustard strainer, and [the mustard] will undergo a process of refinement naturally.48
If a filter was already hanging [over a container before the commencement of the holiday], it is permitted to filter wine through it on the holiday. By contrast, a person may not hang a filter on a holiday, so that he will not be following his weekday practice. One may, however, act with guile, and hang the filter to hold pomegranates, use it for that purpose,49 and then hang the dregs of wine in it [so that the wine will filter through].
FOOTNOTES
1.See the final halachah of the previous chapter.
2.In contrast to a behemah, a domesticated animal (e.g. a cow, sheep, or goat), when a fowl or wild animal (e.g., a deer) is slaughtered, its blood must be covered with earth. (See Hilchot Shechitah, Chapter 14.)
3.See the notes on the final halachah of the previous chapter, which touch on this issue.
4.Most authorities consider this to be referring to an animal that is a crossbreed between a goat and a deer. The Rambam (Commentary on the Mishnah, Chulin 6:1), however, considers this an independent species that the Sages were unable to classify as either an animal or a beast. (See also Hilchot Shechitah 14:4.)
5.The Ramah (Orach Chayim 498:18) states that this ruling applies only when the person slaughtered this animal in a corner. If, however, he slaughtered it in the middle of a courtyard and earth has been prepared and is available, it is permitted to cover its blood on the holiday, just as it is permitted to remove an unpleasant object from sight.
6.In his Commentary on the Mishnah (Bikkurim 2:9), the Rambam w rites that it is forbidden to take this earth, because there is a doubt regarding the animal's classification. This can be interpreted as an indication that even if earth was prepared for use, it may be carried only for a valid reason.
7.As the Rambam explains in Hilchot Ma'achalot Asurot 7:3, we are forbidden to eat only the fat of cows, sheep, and goats. The fat of all other kosher animals and beasts is permitted. Since the animal in question could be considered to be a goat, it is forbidden to eat its fat.
8.Although it is necessary to cover the blood of the beast or fowl, it is not necessary to cover the blood of the domestic animal.
9.Shulchan Aruch HaRav 498:36 and the Mishnah Berurah 498:103 explain that "one shovelful" need not be interpreted literally. The intent is that one would not have to engage in any additional effort to cover the extra blood coming from the animal.
10.This is the key to the leniency. Since one would normally cut the wool away with shears, pulling it away by hand represents a departure from one's ordinary procedure and is therefore permitted. Shearing the wool with a utensil is indeed prohibited.
The Shulchan Aruch (Orach Chayim 498:12) rules more stringently, and forbids intentionally tearing the wool away. According to this view, one may merely smooth it to the sides with one's hands. If, however, it is torn off in the process, that is of no consequence.
11.See Hilchot Shabbat 11:5.
12.A hide from an animal slaughtered on a holiday, in contrast to the hide of an animal slaughtered before the holiday began (Maggid Mishneh; Shulchan Aruch, Orach Chayim 499:3).
13.By the people's treading on it, the tanning process will begin, and it will not spoil.
14.Similarly, one is permitted to place it in the shade or in a cool place so that it will not spoil (Shulchan Aruch HaRav 499:3; Mishnah Berurah 499:4).
15.Because of the fear that its hide will spoil. Our Sages feared that this financial loss would deter a person from slaughtering an animal on the holiday.
16.The Rambam describes the difference between the manner in which meat is salted for cooking and for roasting in Hilchot Ma'achalot Asurot 6:12.
17.Shulchan Aruch Harav 499:10 permits the fats to be carried to a cool shady place, lest their loss prevent the person from slaughtering.
18.To cut the meat in such a way that it will be easier for a customer to carry it home (Rashi, Beitzah 28a).
19.To distinguish meat purchased by one customer from that purchased by another (ibid.).
20.Although the School of Shammai forbids this, the halachah follows the School of Hillel, which rules that baking such a loaf is permitted (Beitzah 22b). The rationale is that a loaf tastes better when cooked in an oven which is full.
21.Numbers 15:20 requires us to separate a portion of dough and give it to the priest as challah. This offering is governed by the rules pertaining to terumah and hence may not be eaten when either the dough or the person partaking of it is impure. In such an instance, it must be burned.
22.On a holiday, one may, however, bring a priest challah that had been separated before the holiday (Chapter 4, Halachah 26; Ramah, Orach Chayim 506:3).
The Ramah also mentions that in the present age, in the diaspora, dough that has been kneaded before the holiday is permitted to be baked on the holiday, and a small portion of bread is left over, from which challah will be separated on the following day.
23.It is ordinarily forbidden to separate the consecrated articles that are due the priests on a holiday (Chapter 4, Halachah 26). Nevertheless, an exception was made in this instance, to allow people the option of eating fresh bread on a holiday.
24.This is the ruling that must be followed in the present age, for we are all ritually impure, and convey ritual impurity to the dough.
25.See Hilchot Pesulei HaMukdashim 19:5.
26.See Chapter 1, Halachah 2.
27.The Noda Biy'hudah (Vol. II, Orach Chayim, Responsum 96) notes that according to Hilchot Pesulei HaMukdashim, loc. cit., it is also forbidden to burn certain sacrificial meats that became disqualified - e.g., piggul and notar - at night. The Rambam does not mention such a restriction, however, with regard to consecrated articles that become impure.
There are, nevertheless, other authorities who differ and forbid the burning at night of consecrated articles that have become impure. (See Be'ur Halachah 506 and the sources mentioned there.)
28.Our translation follows the Rambam's Commentary on the Mishnah (Beitzah 4:5). Beitzah 32b and the Shulchan Aruch (Orach Chayim 507:4) speak of an instance where a brick or part of the lime covering of the oven wall fell and disturbed the cooking process.
29.By hand (Rambam's Commentary on the Mishnah, loc. cit.), seemingly implying that it is forbidden to use a utensil unless necessary.
30.The Maggid Mishneh states that this is permitted even though in the process one will extinguish the coals. Although Chapter 4, Halachah 2, states that it is forbidden to extinguish a fire on a holiday, it is possible to explain that a distinction can be made in this instance, for by extinguishing the flame it becomes possible to cook.
31.This follows the Rambam's position (Hilchot Shabbat 8:16) that one is not liable for mixing clay if one uses ashes. The Ra'avad differs with the Rambam both in Hilchot Shabbat and in this halachah. The Shulchan Aruch (loc. cit.:7) follows the Rambam's view.
32.Contact with cold water after being heated will seal the walls of an earthenware oven.
33.These prohibitions are instituted because these tasks are mundane matters that are not directly associated with the preparation of food on a holiday.
34.All the commentaries see this as a reference to the Mishnah (Beitzah 4:7), which forbids heating "tiles." They question why the Rambam deviated from the wording used there.
35.This refers to a cauldron used during the Talmudic period, made of heavy copper. It was made up of two receptacles, the upper one for water, and the lower one for the coals used to heat the water (Rambam's Commentary on the Mishnah, Shabbat 3:3).
Since the cauldron is large and remains hot for a very long time, one might think that its use would be forbidden on a holiday, lest one create the impression that one is preparing hot water for the day following the holiday (Maggid Mishneh).
36.As mentioned in Chapter 1, Halachot 5-7, our Sages forbade the performance of any labors on a holiday even for the sake of the preparation of food, if it is possible to perform these labors before the holiday begins.
37.The Shulchan Aruch (Orach Chayim 504:1) states that this is forbidden because it is a mundane activity that is inappropriate for a holiday. Others explain that, as stated in Chapter 1, Halachah 7, grinding is forbidden on a holiday.
38.The Shulchan Aruch (Orach Chayim 504:3) states that at present, we are unaware which is considered a small grinder and which a large grinder. Therefore, it is forbidden to use all grinders.
39.Although he accepts the law stated by the Rambam, the Ra'avad differs with the rationale, and explains that in Eretz Yisrael it was always customary to use a small grinder. Therefore, employing one on a holiday is not considered to be a deviation from the norm.
40.Although there are opinions that permit removing the pebble or the sliver by hand, Shulchan Aruch HaRav 506:4 and the Mishnah Berurah 506:12 forbid removing it by hand (for this would be removing waste matter from food as in Halachah 17), and require that the flour be sifted again.
41.If, however, the flour had not been sifted on the previous day, it may not be sifted on the holiday (Shulchan Aruch, Orach Chayim 506:2). It is, however, permissible to have a gentile sift the flour, provided he deviates from the ordinary practice (Ramah).
42.Our translation of these terms is taken from the Rambam's Commentary on the Mishnah (Keilim 16:3). Most other authorities follow different interpretations.
43.The Maggid Mishneh explains that since it is customary to prepare a large quantity using these utensils, it appears as if the person were preparing on the holiday for the weekdays that follow. The Rashba offers another rationale: Since performing this function with these utensils on the Sabbath violates the prohibition against a forbidden labor, the Sages did not want to allow this leniency on the holidays. These reasons are also given for the prohibitions in the clause that follows.
44.I.e., one is thus separating the waste matter from the food.
45.And thus it is likely to be easier to separate the small amount of waste matter, than to separate all the food.
46.When the waste matter is thin and difficult to separate.
47.Which our Rabbis prohibited on a holiday, even when it is performed for the purpose of preparing food.
48.In his Commentary on the Mishnah (Shabbat 20:2), the Rambam explains that when raw eggs are mixed with coarse foods, they cause the lighter matter to rise above the heavier, coarse matter. Thus, mixing the egg with the mustard will cause the dregs of the mustard to be separated.
49.If, however, one does not use the filter for another purpose, one may not use it to filter wine afterwards.
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Hayom Yom:
• "Today's Day" Shabbat Adar I 29, 5774 • 01 March 2014
Shabbat 29 Adar I, Parshat Shekalim 5703
Haftora: Vayichrot Y'hoyada...Add the first and last verses of the haftora for Machar Chodesh. Bless Rosh Chodesh Adar Sheini; say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Vayakheil, Shvi'i with Rashi.
Tehillim: 140-144.
Tanya: Ch. 33. This, also (p. 147)...of this faith. (p. 153).
In responding to l'chayim there are two versions:
(a.) L'chayim tovim ul'shalom, "for good life, and for peace." The reason for this blessing is that the first time drinking wine is mentioned in the Torah, there were undesirable results. "Noach began etc."1 also, the Tree of Knowledge was a grapevine.2 Therefore we extend the blessing that this wine be for a good life.
(b.) The Maggid of Mezritch used to respond l'chayim velivracha. Once at a farbrengen, the Alter Rebbe responded l'chayim velivracha. After the farbrengen Chassidim discussed this expression, which they heard then for the first time. One chassid proposed: Since "When wine enters, the secret comes out,"3 which in avoda signifies that the emotions are revealed, we need a b'racha for this; the expression is l'chayim velivracha, and "livracha" may be read, leiv racha, a sensitive heart.
The Tzemach Tzedek commented: Such an interpretation could be proposed only by a chassid who has davened and labored in avoda for thirty years.
FOOTNOTES
1. Also translated as "Noach corrupted himself" or profaned himself" or "degraded himself." Bereishit 9:20.
2. See Tikunei Zohar, Tikun 24.
3. Eiruvin 65a.
Shabbat 29 Adar I, Parshat Shekalim 5703
Haftora: Vayichrot Y'hoyada...Add the first and last verses of the haftora for Machar Chodesh. Bless Rosh Chodesh Adar Sheini; say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Vayakheil, Shvi'i with Rashi.
Tehillim: 140-144.
Tanya: Ch. 33. This, also (p. 147)...of this faith. (p. 153).
In responding to l'chayim there are two versions:
(a.) L'chayim tovim ul'shalom, "for good life, and for peace." The reason for this blessing is that the first time drinking wine is mentioned in the Torah, there were undesirable results. "Noach began etc."1 also, the Tree of Knowledge was a grapevine.2 Therefore we extend the blessing that this wine be for a good life.
(b.) The Maggid of Mezritch used to respond l'chayim velivracha. Once at a farbrengen, the Alter Rebbe responded l'chayim velivracha. After the farbrengen Chassidim discussed this expression, which they heard then for the first time. One chassid proposed: Since "When wine enters, the secret comes out,"3 which in avoda signifies that the emotions are revealed, we need a b'racha for this; the expression is l'chayim velivracha, and "livracha" may be read, leiv racha, a sensitive heart.
The Tzemach Tzedek commented: Such an interpretation could be proposed only by a chassid who has davened and labored in avoda for thirty years.
FOOTNOTES
1. Also translated as "Noach corrupted himself" or profaned himself" or "degraded himself." Bereishit 9:20.
2. See Tikunei Zohar, Tikun 24.
3. Eiruvin 65a.
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Daily Thought:
Open Eyes
After 33 centuries, all that’s needed has been done. The table is set, the feast of Moshiach is being served with the Ancient Wine, the Leviathan and the Wild Ox—and we are sitting at it.
All that’s left is to open our eyes and see.
[Adapter’s Note: These words I write, but I do not understand. But then, if I understood them, I suppose I would not need to be told to open my eyes.]
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