TODAY IN JEWISH HISTORY:
• PASSING OF "MINCHAT YITZCHAK" (1989)
Rabbi Yitzchak Yaakov Weiss, known as the Minchat Yitzchak (the name of the responsa he authored), was born in Galicia in 1902. He headed of the court of Jewish law, the Beit Din, in Grosswardein, Romania before WWII, and after miraculously surviving the war he assumed the same position in Manchester, England.
In the aftermath of the Holocaust he worked diligently on aiding the many women whose husbands disappeared, and presumably perished, during the war; finding halachic "loopholes" which allowed them to remarry according to Jewish law.
He authored a nine-volume set of responsa. In this widely-used work, he addresses many modern-day halachic issues which resulted from the technological explosion, as well as many medical ethics issues.
In 1979, he assumed the position of Av Beit Din (Head of Court) in the Edah Hachareidit, one of the most prominent rabbinical bodies in Israel. He served in this capacity for the last seventeen years of his life.
He passed away on the 11th of Sivan. An estimated 30,000 people attended his funeral.
DAILY QUOTE:
You stand today, all of you, before the L rd your G d: your heads, your tribes, your elders, your officers, and every Israelite man; your young ones, your wives, the stranger in your camp; from your wood-hewer to your water-drawer(Deuteronomy 29:9–10)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Shlach, 2nd Portion Numbers 13:21-14:7 with Rashi
• Chapter 13
21. So they went up and explored the land, from the desert of Zin until Rehov, at the entrance to Hamath. כא. וַיַּעֲלוּ וַיָּתֻרוּ אֶת הָאָרֶץ מִמִּדְבַּר צִן עַד רְחֹב לְבֹא חֲמָת:
from the desert of Zin until Rehov at the entrance to Hamath: They walked along the length and width of its borders, [so that their path looked] like a [Greek] gamma. They walked along the side which was the southern border, from the eastern corner to the western corner, as Moses had directed them: “Go up this way in the south”-by way of the southeastern border until the sea, for the sea was its western border. From there they turned and walked along the entire western border, which is the coast, until the entrance to Hamath, which is near Mount Hor, in the northwestern corner, as is described in the borders of the Land in the portion [beginning with the words,] “These are the travels” (34:6).
ממדבר צן עד רחב לבא חמת: הלכו בגבוליה באורך וברוחב כמין גאם, הלכו רוח גבול דרומית ממקצוע מזרח עד מקצוע מערב, כמו שצוה משה עלו זה בנגב, דרך גבול דרומית מזרחית עד הים, שהים הוא גבול מערבי. ומשם חזרו והלכו כל גבול מערבי על שפת הים עד לבא חמת, שהוא אצל הר ההר במקצוע מערבית צפונית, כמו שמפורש בגבולות הארץ בפרשת אלה מסעי:
22. They went up in, the south, and he came to Hebron, and there were Ahiman, Sheshai, and Talmai, the descendants of the giant. Now Hebron had been built seven years before Zoan of Egypt. כב. וַיַּעֲלוּ בַנֶּגֶב וַיָּבֹא עַד חֶבְרוֹן וְשָׁם אֲחִימָן שֵׁשַׁי וְתַלְמַי יְלִידֵי הָעֲנָק וְחֶבְרוֹן שֶׁבַע שָׁנִים נִבְנְתָה לִפְנֵי צֹעַן מִצְרָיִם:
and he came to Hebron: Caleb went there alone [hence the singular “he came”] to prostrate himself on the graves of the patriarchs [in prayer] that he not be enticed by his colleagues to be part of their counsel. Thus, it says, “I will give him [Caleb] the land on which he has walked” (Deut. 1:36), and it is written, “They gave Hebron to Caleb” (Jud. 1:20). - [Sotah 34b]
ויבא עד חברון: כלב לבדו הלך שם ונשתטח על קברי אבות, שלא יהא ניסת לחבריו להיות בעצתם, וכן הוא אומר (דברים א, לו) ולו אתן את הארץ אשר דרך בה, וכתיב (שופטים א, כ) ויתנו לכלב את חברון:
had been built seven years: Is it possible that Ham built Hebron for Canaan, his youngest son, before he built Zoan for Mizraim, his eldest son? Rather, it was stocked with everything good, seven times more than Zoan. The intention is to inform you of the excellence of the Land of Israel, for there is no place in the Land of Israel rockier than Hebron, which was why it was designated for a burial ground. And there is no country in the world as excellent as Egypt, as it says, “it was like the garden of the Lord, like the land of Egypt” (Gen. 13: 10). Zoan is the best part of Egypt, for the residence of the kings is situated there, as it says, “for his princes were in Zoan” (Isa. 30:4). Yet Hebron was superior to it seven times over. — [Sotah 34b]
שבע שנים נבנתה: אפשר שבנה חם את חברון לכנען בנו הקטן קודם שיבנה את צוען למצרים בנו הגדול, אלא שהיתה מבונה בכל טוב על אחד משבעה בצוען. ובא להודיעך שבחה של ארץ ישראל, שאין לך טרשין בארץ ישראל יותר מחברון, לפיכך הקצוה לקברות מתים, ואין לך מעולה בכל ארצות כמצרים, שנאמר (בראשית יג, י) כגן ה' כארץ מצרים, וצוען היא המעולה שבארץ מצרים ששם מושב המלכים, שנאמר (ישעיה ל, ד) כי היו בצוען שריו, והיתה חברון טובה ממנה שבעה חלקים:
23. They came to the Valley of Eshkol and they cut a branch with a cluster of grapes. They carried it on a pole between two [people] and [they also took] some pomegranates and figs. כג. וַיָּבֹאוּ עַד נַחַל אֶשְׁכֹּל וַיִּכְרְתוּ מִשָּׁם זְמוֹרָה וְאֶשְׁכּוֹל עֲנָבִים אֶחָד וַיִּשָּׂאֻהוּ בַמּוֹט בִּשְׁנָיִם וּמִן הָרִמֹּנִים וּמִן הַתְּאֵנִים:
a branch: A vine branch with a cluster of grapes hanging on it.
זמורה: שוכת גפן ואשכול של ענבים תלוי בה:
They carried it on a pole between two [people]: From the implication of what it says “they carried [in the plural] it on a pole” do I not know that it was [carried] by two? So what does “[between] two” tell us? [The answer is:] With two poles. How was it done? Eight of them took a cluster [of grapes], one took a fig and one took a pomegranate. Joshua and Caleb did not take anything, for the intention of the others was to present a slanderous report, [namely,] just as its fruit is extraordinary, so its people are extraordinary. If you wish to know how much one of them carried, go forth and learn from the stones they set up at Gilgal: Each man carried on his shoulder one stone [from the Jordan] and set it up at Gilgal. The Sages weighed them [and determined that] each stone weighed forty seah, and it is a fact that the load a person can carry on his shoulders is only a third of the weight of the load he can carry when others help him lift it. — [Sotah 34b]
וישאהו במוט בשנים: ממשמע שנאמר וישאוהו במוט איני יודע שהוא בשנים, מה תלמוד לומר בשנים, בשני מוטות. הא כיצד, שמונה נטלו אשכול, אחד נטל תאנה ואחד רמון, יהושע וכלב לא נטלו כלום, לפי שכל עצמם להוציא דבה נתכוונו, כשם שפריה משונה כך עמה משונה. ואם חפץ אתה לידע כמה משאוי אחד מהם צא ולמד מאבנים שהקימו בגלגל, (יהושע ד ה) הרימו לכם איש אבן אחת על שכמו, והקימוה בגלגל. ושקלום רבותינו משקל כל אחת ארבעים סאה. וגמירי, טונא דמדלי אינש על כתפיה, אינו אלא שליש משאוי ממשאוי שמסייעין אותו להרים:
24. They called that place the Valley of Eshkol because of the cluster [eshkol] the children of Israel cut from there. כד. לַמָּקוֹם הַהוּא קָרָא נַחַל אֶשְׁכּוֹל עַל אֹדוֹת הָאֶשְׁכּוֹל אֲשֶׁר כָּרְתוּ מִשָּׁם בְּנֵי יִשְׂרָאֵל:
25. They returned from scouting the Land at the end of forty days. כה. וַיָּשֻׁבוּ מִתּוּר הָאָרֶץ מִקֵּץ אַרְבָּעִים יוֹם:
They returned from scouting the Land at the end of forty days: But does not the Land measure four hundred parasangs by four hundred parasangs [a parasang is equivalent to about three-and-a-half miles in length], and an average person’s daily traveling distance is ten parasangs? Thus, it takes forty days to walk from east to west, and they traversed its length and its breadth? However, since it was revealed before the Holy One, blessed is He, that He would sentence them with a year for every day, he shortened the way [so they covered ground more rapidly]. — [Mid. Tanchuma 8]
וישבו מתור הארץ מקץ ארבעים יום: והלא ארבע מאות פרסה על ארבע מאות פרסה היא, ומהלך אדם בינוני עשרה פרסאות ליום, הרי מהלך ארבעים יום מן המזרח למערב והם הלכו ארכה ורחבה, אלא שגלוי לפני הקב"ה שיגזור עליהם יום לשנה, קצר לפניהם את הדרך:
26. They went, and they came to Moses and Aaron and all the congregation of the children of Israel in the desert of Paran, to Kadesh. They brought them back a report, as well as to the entire congregation, and they showed them the fruit of the land. כו. וַיֵּלְכוּ וַיָּבֹאוּ אֶל משֶׁה וְאֶל אַהֲרֹן וְאֶל כָּל עֲדַת בְּנֵי יִשְׂרָאֵל אֶל מִדְבַּר פָּארָן קָדֵשָׁה וַיָּשִׁיבוּ אֹתָם דָּבָר וְאֶת כָּל הָעֵדָה וַיַּרְאוּם אֶת פְּרִי הָאָרֶץ:
They went, and they came: What is meant by“They went”? [It says already that they returned.] To compare their going with their coming. Just as their return was with evil intent, so was their departure [on the journey] with evil intent. — [Sotah 35a]
וילכו ויבואו: מהו וילכו, להקיש הליכתן לביאתן, מה ביאתן בעצה רעה, אף הליכתן בעצה רעה:
They brought them back a report: To Moses and Aaron.
וישיבו אתם דבר: את משה ואת אהרן:
27. They told him and said, "We came to the land to which you sent us, and it is flowing with milk and honey, and this is its fruit. כז. וַיְסַפְּרוּ לוֹ וַיֹּאמְרוּ בָּאנוּ אֶל הָאָרֶץ אֲשֶׁר שְׁלַחְתָּנוּ וְגַם זָבַת חָלָב וּדְבַשׁ הִוא וְזֶה פִּרְיָהּ:
flowing with milk and honey: Any lie in which a little truth is not stated in the beginning cannot be maintained in the end. — [Sotah 35a]
זבת חלב ודבש הוא: כל דבר שקר שאין אומרים בו קצת אמת בתחלתו, אין מתקיים בסופו:
28. However, the people who inhabit the land are mighty, and the cities are extremely huge and fortified, and there we saw even the offspring of the giant. כח. אֶפֶס כִּי עַז הָעָם הַיּשֵׁב בָּאָרֶץ וְהֶעָרִים בְּצֻרוֹת גְּדֹלֹת מְאֹד וְגַם יְלִדֵי הָעֲנָק רָאִינוּ שָׁם:
fortified: Heb. בְּצֻרוֹת, an expression denoting strength.The Targum [Onkelos], however, renders, כְּרִיכָן, a term meaning circular fortresses; in Aramaic כְּרִיךְ means “circular.” - [See Aruch, first definition of כרך]
בצרות: לשון חוזק, ותרגומו כריכן, לשון בירניות עגולות, ובלשון ארמי כריך עגול:
29. The Amalekites dwell in the south land, while the Hittites, the Jebusites, and the Amorites dwell in the mountainous region. The Canaanites dwell on the coast and alongside the Jordan." כט. עֲמָלֵק יוֹשֵׁב בְּאֶרֶץ הַנֶּגֶב וְהַחִתִּי וְהַיְבוּסִי וְהָאֱמֹרִי יוֹשֵׁב בָּהָר וְהַכְּנַעֲנִי יוֹשֵׁב עַל הַיָּם וְעַל יַד הַיַּרְדֵּן:
The Amalekites dwell: Since they had already been“burnt” by Amalek [as it were,] the spies mentioned it in order to frighten them. — [Mid. Tanchuma 9]
עמלק יושב וגו': לפי שנכוו בעמלק כבר, הזכירוהו מרגלים כדי לייראם:
and alongside the Jordan: Heb. וְעַל יַד הַיַּרְדֵּן. [The word] יַד is [used] in its literal sense, next to the Jordan, so that you will be unable to cross.
על יד הירדן: יד כמשמעו, אצל הירדן, ולא תוכלו לעבור:
30. Caleb silenced the people to [hear about] Moses, and he said, "We can surely go up and take possession of it, for we can indeed overcome it." ל. וַיַּהַס כָּלֵב אֶת הָעָם אֶל משֶׁה וַיֹּאמֶר עָלֹה נַעֲלֶה וְיָרַשְׁנוּ אֹתָהּ כִּי יָכוֹל נוּכַל לָהּ:
Caleb silenced: Heb. וַיַּהַס, he silenced them all [the spies so that the people could what he was going to say].
ויהס כלב: השתיק את כולם:
to Moses: to hear what he would say about Moses. He cried out, “Is this the only thing the son of Amram has done to us?” Anyone listening might have thought that he intended to disparage him, and since there was [resentment] in their hearts against Moses because of the spies’ report, they all became silent so they could hear his defamation. But he said, “Didn’t he split the sea for us, bring down the manna for us and cause the quails to fly down to us?” - [Sotah 35a]
אל משה: לשמוע מה שידבר במשה. צווח ואמר וכי זו בלבד עשה לנו בן עמרם. השומע היה סבור שבא לספר בגנותו, מתוך שהיה בלבם על משה בשביל דברי המרגלים. שתקו כולם לשמוע גנותו, אמר והלא קרע לנו את הים והוריד לנו את המן והגיז לנו את השליו:
We can surely go up: even to heaven; if he tells us,“Make ladders and go up there,” we will succeed in whatever he says. — [Sotah 35a]
עלה נעלה: אפילו בשמים והוא אומר עשו סולמות ועלו שם נצליח בכל דבריו:
silenced: Heb. וַיַּהַס, a term denoting silence; similarly,“Silence (הַס) all flesh” (Zech. 2:17);“’Still (הַס) ! This is for not mentioning [the Lord’s Name]’” (Amos. 6:10). Similarly, it is the custom for someone who wants to silence a group to say,“Shhh!”
ויהס: לשון שתיקה, וכן (זכריה ב, יז) הס כל בשר, (עמוס ו, י) הס כי לא להזכיר. כן דרך בני אדם הרוצה לשתק אגודת אנשים אומר הס:
31. But the men who went up with him said, "We are unable to go up against the people, for they are stronger than we. לא. וְהָאֲנָשִׁים אֲשֶׁר עָלוּ עִמּוֹ אָמְרוּ לֹא נוּכַל לַעֲלוֹת אֶל הָעָם כִּי חָזָק הוּא מִמֶּנּוּ:
for they are stronger than we: Heb. מִמֶּנּוּ, [which may also be interpreted as, they are stronger than he.] They said this in reference to the most High, as it were, [as if to say that the people are stronger than He. — [Sotah 35a]
חזק הוא ממנו: כביכול כלפי מעלה אמרו:
32. They spread an [evil] report about the land which they had scouted, telling the children of Israel, "The land we passed through to explore is a land that consumes its inhabitants, and all the people we saw in it are men of stature. לב. וַיֹּצִיאוּ דִּבַּת הָאָרֶץ אֲשֶׁר תָּרוּ אֹתָהּ אֶל בְּנֵי יִשְׂרָאֵל לֵאמֹר הָאָרֶץ אֲשֶׁר עָבַרְנוּ בָהּ לָתוּר אֹתָהּ אֶרֶץ אֹכֶלֶת יוֹשְׁבֶיהָ הִוא וְכָל הָעָם אֲשֶׁר רָאִינוּ בְתוֹכָהּ אַנְשֵׁי מִדּוֹת:
consumes its inhabitants: Wherever we passed, we found them burying dead. The Holy One, blessed is He, intended this for good, to keep them occupied with their mourning so they should not notice them [the spies]. — [Sotah 35a]
אוכלת יושביה: בכל מקום שעברנו מצאנום קוברי מתים, והקב"ה עשה לטובה כדי לטרדם באבלם ולא יתנו לב לאלו:
men of stature: Big and tall, those to whom measurements are attributed [because of their unusual size], such as Goliath [about whom it says] “his height was six cubits and a span” (I Sam. 17:4); similarly,“a man of great stature (מָדוֹן) ” (II Sam. 21:20);“a man of stature (מִדָּה)” (I Chron. 11:23).
אנשי מדות: גדולים וגבוהים וצריך לתת להם מדה, כגון גלית (שמואל א' יז, ד) גבהו שש אמות וזרת, וכן (שמואל ב' כא, כ) איש מדון, (ד"ה א' יא, כג) איש מדה:
33. There we saw the giants, the sons of Anak, descended from the giants. In our eyes, we seemed like grasshoppers, and so we were in their eyes. לג. וְשָׁם רָאִינוּ אֶת הַנְּפִילִים בְּנֵי עֲנָק מִן הַנְּפִלִים וַנְּהִי בְעֵינֵינוּ כַּחֲגָבִים וְכֵן הָיִינוּ בְּעֵינֵיהֶם:
the giants: Heb. נְפִילִים, giants, descended from Shamhazai (Nidah 61a) and Azael (Yoma 67b), who fell (שֶׁנָּפְלוּ)) from heaven in the generation of Enosh.
הנפילים: ענקים מבני שמחזאי ועזאל שנפלו מן השמים בימי דור אנוש:
and so we were in their eyes: We heard them telling each other,“There are ants in the vineyard who look like people.” - [Sotah 35a]
וכן היינו בעיניהם: שמענו אומרים זה לזה נמלים יש בכרמים כאנשים:
Anak: [The name עִנָק is given] because the sun was draped around the neck מַעֲנִיקִים because of their height. — [Sotah 34b]
ענק: שמעניקים חמה בקומתן:
Chapter 14
1. The entire community raised their voices and shouted, and the people wept on that night. א. וַתִּשָּׂא כָּל הָעֵדָה וַיִּתְּנוּ אֶת קוֹלָם וַיִּבְכּוּ הָעָם בַּלַּיְלָה הַהוּא:
The entire community: The members of the Sanhedrin. - [Mid. Tanchuma Shelach 13]
כל העדה: סנהדראות:
2. All the children of Israel complained against Moses and Aaron, and the entire congregation said, "If only we had died in the land of Egypt, or if only we had died in this desert. ב. וַיִּלֹּנוּ עַל משֶׁה וְעַל אַהֲרֹן כֹּל בְּנֵי יִשְׂרָאֵל וַיֹּאמְרוּ אֲלֵהֶם כָּל הָעֵדָה לוּ מַתְנוּ בְּאֶרֶץ מִצְרַיִם אוֹ בַּמִּדְבָּר הַזֶּה לוּ מָתְנוּ:
If only we had died: Heb. לוּ מַתְנוּ. We wish that we would have died. - [Targum Onkelos]
לו מתנו: הלואי ומתנו:
3. Why does the Lord bring us to this land to fall by the sword; our wives and children will be as spoils. Is it not better for us to return to Egypt?" ג. וְלָמָה יְהֹוָה מֵבִיא אֹתָנוּ אֶל הָאָרֶץ הַזֹּאת לִנְפֹּל בַּחֶרֶב נָשֵׁינוּ וְטַפֵּנוּ יִהְיוּ לָבַז הֲלוֹא טוֹב לָנוּ שׁוּב מִצְרָיְמָה:
4. They said to each other, "Let us appoint a leader and return to Egypt!" ד. וַיֹּאמְרוּ אִישׁ אֶל אָחִיו נִתְּנָה רֹאשׁ וְנָשׁוּבָה מִצְרָיְמָה:
Let us appoint a leader: Heb. נִתְּנָה רֹאשׁ. As the Targum renders, “Let us appoint a head.” Let us appoint a king over us. Our Sages, however, explained this as a term referring to idolatry. - [Mechilta Beshallach (Vayassa 1:22), Othioth d’Rabbi Akiva p. 398, Midrash Tannaim p. 2, Midrash Lekach Tov]
נתנה ראש: כתרגומו נמני רישא, נשים עלינו מלך, ורבותינו פירשו לשון עבודה זרה:
5. Moses and Aaron fell on their faces before the entire congregation of the children of Israel. ה. וַיִּפֹּל משֶׁה וְאַהֲרֹן עַל פְּנֵיהֶם לִפְנֵי כָּל קְהַל עֲדַת בְּנֵי יִשְׂרָאֵל:
6. Joshua the son of Nun and Caleb the son of Jephunneh, who were among those who had scouted the land, tore their clothes. ו. וִיהוֹשֻׁעַ בִּן נוּן וְכָלֵב בֶּן יְפֻנֶּה מִן הַתָּרִים אֶת הָאָרֶץ קָרְעוּ בִּגְדֵיהֶם:
7. They spoke to the entire congregation of the children of Israel, saying, "The land we passed through to scout is an exceedingly good land. ז. וַיֹּאמְרוּ אֶל כָּל עֲדַת בְּנֵי יִשְׂרָאֵל לֵאמֹר הָאָרֶץ אֲשֶׁר עָבַרְנוּ בָהּ לָתוּר אֹתָהּ טוֹבָה הָאָרֶץ מְאֹד מְאֹד:
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Tehillim: Psalm Chapters 60 - 65
• Chapter 60
This psalm tells of when Joab, David's general, came to Aram Naharayim for war and was asked by the people: "Are you not from the children of Jacob? What of the pact he made with Laban?" Not knowing what to answer, Joab asked the Sanhedrin. The psalm includes David's prayer for success in this war.
1. For the Conductor, on the shushan eidut. A michtam by David, to instruct,
2. when he battled with Aram Naharayim and Aram Tzovah, and Joab returned and smote Edom in the Valley of Salt, twelve thousand [men].
3. O God, You forsook us, You have breached us! You grew furious-restore us!
4. You made the earth quake, You split it apart-heal its fragments, for it totters!
5. You showed Your nation harshness, You gave us benumbing wine to drink.
6. [Now] give those who fear You a banner to raise themselves, for the sake of truth, Selah.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God said with His Holy [Spirit] that I would exult; I would divide Shechem, and measure out the Valley of Succot.
9. Mine is Gilead, mine is Menasseh, and Ephraim is the stronghold of my head; Judah is my prince.
10. Moab is my washbasin, and upon Edom I will cast my shoe; for me, Philistia will sound a blast [of coronation].
11. Who will bring me into the fortified city? Who will lead me unto Edom?
12. Is it not You, God, Who has [until now] forsaken us, and did not go forth with our legions?
13. Grant us relief from the oppressor; futile is the salvation of man.
14. With God we will do valiantly, and He will trample our oppressors.
Chapter 61
David composed this prayer while fleeing from Saul. The object of all his thoughts and his entreaty is that God grant him long life-not for the sake of pursuing the pleasures of the world, but rather to serve God in awe, all of his days.
1. For the Conductor, on the neginat, by David.
2. Hear my cry, O God, listen to my prayer.
3. From the end of the earth I call to You, when my heart is faint [with trouble]: Lead me upon the rock that surpasses me!
4. For You have been a refuge for me, a tower of strength in the face of the enemy.
5. I will dwell in Your tent forever; I will take refuge in the shelter of Your wings, Selah.
6. For You, God, heard my vows; You granted the inheritance of those who fear Your Name.
7. Add days to the days of the king; may his years equal those of every generation.
8. May he sit always before God; appoint kindness and truth to preserve him.
9. Thus will I sing the praise of Your Name forever, as I fulfill my vows each day.
Chapter 62
David prays for the downfall of his enemies. He also exhorts his generation that their faith should not rest in riches, telling them that the accumulation of wealth is utter futility.
1. For the Conductor, on the yedutun,1 a psalm by David.
2. To God alone does my soul hope; my salvation is from Him.
3. He alone is my rock and salvation, my stronghold; I shall not falter greatly.
4. Until when will you plot disaster for man? May you all be killed-like a leaning wall, a toppled fence.
5. Out of their arrogance alone they scheme to topple me, they favor falsehood; with their mouths they bless, and in their hearts they curse, Selah.
6. To God alone does my soul hope, for my hope is from Him.
7. He alone is my rock and salvation, my stronghold; I shall not falter.
8. My salvation and honor is upon God; the rock of my strength-my refuge is in God.
9. Trust in Him at all times, O nation, pour out your hearts before Him; God is a refuge for us forever.
10. Men are but vanity; people [but] transients. Were they to be raised upon the scale, they would be lighter than vanity.
11. Put not your trust in exploitation, nor place futile hope in robbery. If [corrupt] wealth flourishes, pay it no heed.
12. God spoke one thing, from which I perceived two: That strength belongs to God;
13. and that Yours, my Lord, is kindness. For You repay each man according to his deeds.
Chapter 63
Hiding from Saul, and yearning to approach the place of the Holy Ark like one thirsting for water, David composed this prayer on his behalf and against his enemy.
1. A psalm by David, when he was in the Judean desert.
2. O God, You are my Almighty, I seek You! My soul thirsts for You, my flesh longs for You; [like one] in a desolate and dry land, without water,
3. so [I thirst] to see You in the Sanctuary, to behold Your might and glory.
4. For Your kindness is better than life; my lips shall praise You.
5. Thus will I bless you all my life, in Your Name I will raise my hands [in prayer].
6. As with fat and abundance my soul is sated, when my mouth offers praise with expressions of joy.
7. Indeed, I remember You upon my bed; during the watches of the night I meditate upon You.
8. For You were a help for me; I sing in the shadow of Your wings.
9. My soul cleaved to You; Your right hand supported me.
10. But they seek desolation for my soul; they will enter the depths of the earth.
11. They will drag them by the sword; they will be the portion of foxes.
12. And the king will rejoice in God, and all who swear by Him will take pride, when the mouths of liars are blocked up.
Chapter 64
The masters of homiletics interpret this psalm as alluding to Daniel, who was thrown into the lion's den. With divine inspiration, David foresaw the event and prayed for him. Daniel was a descendant of David, as can be inferred from God's statement to Hezekiah (himself of Davidic lineage), "And from your children, who will issue forth from you, they will take, and they (referring to, amongst others, Daniel) will be minesters in the palace of the king of Babylon."
1. For the Conductor, a psalm by David.
2. Hear my voice, O God, as I recount [my woes]; preserve my life from the terror of the enemy.
3. Shelter me from the schemes of the wicked, from the conspiracy of evildoers,
4. who have sharpened their tongue like the sword, aimed their arrow-a bitter word-
5. to shoot at the innocent from hidden places; suddenly they shoot at him, they are not afraid.
6. They encourage themselves in an evil thing, they speak of laying traps; they say: "Who will see them?”
7. They sought pretexts; [and when] they completed a diligent search, each man [kept the plot] inside, deep in the heart.
8. But God shot at them; [like] a sudden arrow were their blows.
9. Their own tongues caused them to stumble; all who see them shake their heads [derisively].
10. Then all men feared, and recounted the work of God; they perceived His deed.
11. Let the righteous one rejoice in the Lord and take refuge in Him, and let them take pride-all upright of heart.
Chapter 65
This psalm contains awe-inspiring and glorious praises to God, as well as entreaties and prayers concerning our sins. It declares it impossible to recount God's greatness, for who can recount His mighty acts? Hence, silence is His praise.
1. For the Conductor, a psalm by David, a song.
2. Silence is praise for You, O God [Who dwells in] Zion; and to You vows will be paid.
3. O Heeder of prayer, to You does all flesh come.
4. Matters of sin overwhelm me; You will pardon our transgressions.
5. Fortunate is [the nation] whom You choose and draw near, to dwell in Your courtyards; may we be sated with the goodness of Your House, with the holiness of Your Sanctuary.
6. Answer us with awesome deeds as befits Your righteousness, O God of our salvation, the security of all [who inhabit] the ends of the earth and distant seas.
7. With His strength He prepares [rain for] the mountains; He is girded with might.
8. He quiets the roar of the seas, the roar of their waves and the tumult of nations.
9. Those who inhabit the ends [of the earth] fear [You] because of Your signs; the emergences of morning and evening cause [man] to sing praise.
10. You remember the earth and water it, you enrich it abundantly [from] God's stream filled with water. You prepare their grain, for so do You prepare it.
11. You saturate its furrows, gratifying its legions; with showers You soften it and bless its growth.
12. You crown the year of Your goodness [with rain], and Your clouds drip abundance.
13. They drip on pastures of wilderness, and the hills gird themselves with joy.
14. The meadows don sheep, and the valleys cloak themselves with grain; they sound blasts, indeed they sing.
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Tanya: Shaar Hayichud Vehaemunah, middle of Chapter 3
• Lessons in Tanya
• Today's Tanya Lesson
Monday, Sivan 11, 5774 • June 9, 2014
Shaar Hayichud Vehaemunah, middle of Chapter 3
An illustration of this is the light of the sun which illumines the earth and its inhabitants.
שהוא זיו ואור המתפשט מגוף השמש ונראה לעין כל מאיר על הארץ ובחלל העולם
[This illumination] is the radiance and the light which spreads forth from the body of the sun and is visible to all as it gives light to the earth and the expanse of the universe.
והנה זה פשוט שאור וזיו הזה ישנו גם כן בגוף וחומר כדור השמש עצמו שבשמים
Now, it is obvious that this light and radiance is also present in the very body and matter of the sun-globe itself in the sky,
שאם מתפשט ומאיר למרחוק כל כך, כל שכן שיוכל להאיר במקומו ממש
for if it can spread forth and shine to such a great distance, then certainly it can shed light in its own place.
רק ששם במקומו ממש, נחשב הזיו הזה לאין ואפס ממש
However, there in its own place, this radiance is considered naught and complete nothingness,
כי בטל ממש במציאות לגבי גוף כדור השמש, שהוא מקור האור והזיו הזה
for it is absolutely non-existent in relation to the body of the sun-globe which is the source of this light and radiance,
שהזיו והאור הזה אינו רק הארה מאירה מגוף ועצם כדור השמש
inasmuch as this radiance and light is merely the illumination which shines from the body of the sun-globe itself.
Since the sun’s light is merely an illumination deriving from the sun, it is in a state of complete nothingness while it is found within the sun-globe itself. One cannot say that within the body of the sun there is sunlight; only the sun itself is found there.
רק בחלל העולם, תחת כל השמים ועל הארץ, שאין כאן גוף כדור השמש במציאות
It is only in the space of the universe, under the heavens and on the earth, where the body of the sun-globe is not present, and all that is seen is but an illumination that emanates from it,
נראה כאן האור והזיו הזה ליש ממש לעין כל
that this light and radiance appears to the eye of all beholders to have actual existence.
ונופל עליו כאן שם יש באמת
And here the term “existence” (yesh) can truly be applied to it,
The sun’s light and rays as they appear outside of the sun-globe can truly be said to exist, inasmuch as the sun itself is not found there.
מה שאין כן כשהוא במקורו בגוף השמש, אין נופל עליו שם יש כלל, רק שם אין ואפס
whereas when it is in its source, in the body of the sun, the term “existence” cannot be applied to it at all; it can only be called naught and non-existent.
כי באמת הוא שם לאין ואפס ממש, שאין מאיר שם רק מקורו לבדו, שהוא גוף השמש המאיר, ואפס בלעדו
There it is indeed naught and absolutely non-existent, for there only its source, the luminous body of the sun, gives light, and there is nothing besides it.
To sum up: Although the sun’s rays are surely found within the body of the sun, they cannot be said to “exist” there; they are found there in a manner of “non-existence”, in a state in which their separate identity is utterly nullified. That which can be deemed to exist within the sun-globe can be nothing other than the sun itself.
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Rambam:• Daily Mitzvah - Sefer Hamitzvos:
Sivan 11, 5774 • June 9, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 85
Replicating the Incense
"You shall not make for yourselves according to its composition"—Exodus 30:37.
We are forbidden to produce incense with the same formula used in the Holy Temple, for the sake of enjoying its fragrance.
Replicating the Incense
Negative Commandment 85
Translated by Berel Bell
The 85th prohibition is that we are forbidden from making incense according to the formula used in the ketores, i.e. composed of the same mixture of spices in the same measure, with the intention of using it for incense.
The source of this mitzvah is G‑d's statement1 (exalted be He), "[One who makes incense] shall not make it with this formula."
The Torah explains that one who intentionally transgresses this prohibition by making such a mixture with the intention of smelling its smoke receives kares, as it is written,2 "If a person makes it to enjoy its fragrance, he shall be cut off (nichras) from his people." If he did so unintentionally, he must bring a sin offering.
The details of this mitzvah are explained in the beginning of tractate Kerisus.3
FOOTNOTES
1.Ex. 30:37.
2.Ibid., 30:38.
3.5a.
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Negative Commandment 82Offering Sacrifices on the Golden Altar
"You shall not offer on it strange incense, nor a burnt or meal-offering; neither shall you pour a libation upon it"—Exodus 30:9.
It is forbidden to offer any sacrifice on the Golden Altar in the Holy Temple's sanctuary.
Offering Sacrifices on the Golden Altar
Negative Commandment 82
Translated by Berel Bell
The 82nd prohibition is that we are forbidden from offering any sacrifices [other than those dictated by the Torah] on the Golden Altar in the Sanctuary.
The source of this mitzvah is G‑d's statement1 (exalted be He), "Do not burn on it any unauthorized incense; do not offer any burnt offering, meal offering or libation on it."
Anyone who brings an offering on it or sprinkles on it blood other than that which is designated2 is punished with lashes.
FOOTNOTES
1.Ex. 30:9.
2.I.e. blood of the Yom Kippur sacrifices and the "burnt cows and goats." See Zevachim 5:1-2.
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Positive Commandment 34Transportation of the Holy Ark
"Because the service of the holy belongs to them, they shall bear upon their shoulders"—Numbers 7:9.
The kohanim (priests) are commanded to carry the Ark [containing the Tablets] on their shoulders—when necessary to transport it from one location to another.
Although the Levites were originally entrusted with this task, this was only in the desert, when the kohanim population was very small. But in all future generations, this is a task reserved for the kohanim.
Transportation of the Holy Ark
Positive Commandment 34
Translated by Berel Bell
The 34th mitzvah is that we are commanded that the kohanim shall carry the ark on their shoulders whenever it is moved from one place to another.
The source of this mitzvah is G‑d's statement1 (exalted be He), "[He did not give any wagons to the descendants of Kehos] since they had responsibility for the most sacred articles, that they had to carry on their shoulders."
And even though the commandment was said at that time to the Levites,2 this was only because Aaron was the first kohen, and therefore the number of kohanim at that time was very small. For future generations, however, this mitzvah in incumbent on the kohanim. They are the ones who are required to carry it, as explained in the Book of Joshua3 and the Book of Samuel.4
When Dovid commanded the transportation of the ark the second time, it is written in Chronicles,5 "The sons of the Levites6 carried the ark of G‑d on their shoulders with poles, as Moshe commanded in the name of G‑d."7 Similarly, when the division of the kohanim into 24 watches is mentioned in Chronicles,8 it is written thereafter, "These have been appointed to serve in the House of G‑d as commanded to their father Aaron, as commanded by G‑d, the G‑d of Israel." Our Sages explained that this hints to the service of the kohanim of carrying the ark on their shoulders — this is what was "commanded by G‑d, the G‑d of Israel." The Sifri9 says, "The verse says, 'as commanded [to their father Aaron,] as commanded by G‑d, the G‑d of Israel.' Where were they commanded? In the verse, 'He did not give [any wagons] to the descendants of Kehos [since they had responsibility for the most sacred articles,] which they had to carry on their shoulders.' " This10 shows that it [carrying the ark on the shoulders] is counted among the mitzvos.
FOOTNOTES
1.Num. 7:9.
2.The descendants of Kehos were Levites, not kohanim.
3.3:6.
4.II, 15:25ff.
5.Chronicles I, 15:15.
6.I.e. the Kohanim. See Kapach, 5731, footnote 99, where he refers to the 24 places that kohanim are referred to as Levites. See Megillas Esther, Principle 3:2. The Ramban, however (ibid.), brings this as a proof that the mitzvah is incumbent upon the Levites.
7.This verse proves that the commandment in Scripture was for all generations, not just for the desert.
8.I, 24:19.
9.Num. 7:9.
10.I.e. the phrase, "where were they commanded?"
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Negative Commandment 86
Removing the Ark's Poles
"The poles shall be in the ark's rings; they shall not be removed from them"—Exodus 25:15.
It is forbidden to remove the poles of the ark [which were used in order to transport it from location to location] from their designated rings on the ark's exterior.
Removing the Ark's Poles
Negative Commandment 86
Translated by Berel Bell
The 86th prohibition is that we are forbidden from removing the poles [used to carry the] ark from its rings.
The source of this mitzvah is G‑d's statement1 (exalted be He), "The poles must remain in the ark's rings and they shall not be removed."
One who transgresses this prohibition is punished with lashes.
When discussing those prohibitions that are punishable by lashes in the end of tractate Makkos,2 our Sages asked, "But the Tanna omitted one who removed the poles from the ark" — i.e. that he is also punished by lashes — "which is prohibited from the verse, 'they shall not be removed.' " This shows that it counts as a prohibition and that it is punishable by lashes.
FOOTNOTES
1.Ex. 25:15.
2.22a.
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Rambam:• 1 Chapter: Shechenim Shechenim - Chapter One
Shechenim - Chapter One
HILCHOT SH'CHENIM
THE LAWS OF NEIGHBORS
The purpose of the these laws is to know the proper way to divide land among partners, how one should remove factors that may cause danger to one's neighbor and those upon whom one's property borders, and the laws concerning the privileges granted to a person upon whose land one's property borders.
These laws are explained in the chapters that follow.
Halacha 1
The following rules apply when a person purchases half of a field from a colleague, two people together purchase a field from a colleague, they both inherited a field,a field was given them as a gift, or they took possession of ownerless land or property belonging to a convert who died without leaving Jewish heirs - i.e., any situation in which two people own land in partnership.
If one of the partners asks to divide the property and take his portion alone, and the property is large enough to be divided, we compel the other partners to divide the property with him. If the property is not large enough to be divided, neither partner can require the other one to divide the property. Similar laws apply with regard to movable property.
When does the above apply? When neither of the parties recognizes a specific portion of the property they share as his own, but rather both use the entire property equally. If, however, one of the partners recognizes a portion of the property as his own, each one has the right to compel the other partner to make a divider between his portion and his colleague's portion, although the property is not large enough to be divided.
Halacha 2
In a situation where the property is not large enough to be divided or with regard to an entity that cannot be divided - e.g., a maidservant or a utensil - if one of the partners tells the other: "Sell me your portion for this and this much, or buy my portion for the same price," his request is supported by the law. We compel the other partner either to sell his share to his colleague or to purchase his colleague's share from him.
If, however, the other partner does not desire to purchase his partner's share or does not have the means to do so, he cannot compel his colleague to purchase his share from him even at the low market price. For his colleague may tell him: "I do not want to buy; I want to sell."
Therefore, the following laws apply if two brothers, one rich and one poor, inherited from their father a bathhouse or an olive press. If the father made these premises for the purpose of hire, the two share the rental equally for as long as they desire to remain partners.
If the father made these structures for his personal use, the poor brother cannot force the rich brother to hire them out. Instead, they should use them as their father used them. The rich brother can tell the poor brother: "Purchase olives and crush them in the olive press; purchase servants and have them come and wash in the bathhouse."
The poor brother cannot compel the rich brother to purchase his portion unless the poor brother tells him: "Purchase my portion from me or sell me your portion. For I will borrow from others and purchase it or sell it to others, and they will purchase it." If he makes such statements, his claim is supported by law.
If each of the brothers says: "I don't want to purchase your portion; I want to sell my portion," the property should be sold to others.
The following rules apply if both of them say: "I will not sell," but instead each of them wishes to purchase his colleague's portion, or neither of them desires to purchase his colleague's portion, nor to sell his own portion, but instead to remain partners in the property.
What should they do? If the place was fit to rent, they should hire it out and divide the rent. If the place was not fit to rent they should alternate. If the property is a courtyard, they should dwell in it, each for a year at a time. The rationale for this ruling is that it is impossible for them to dwell in it together, because of the lack of privacy, and it is not large enough to divide. A more frequent rotation is not employed, because a person would not trouble himself to move from one courtyard to another every 30 days. Hence, the rotation is carried out from year to year.
If the shared property is a bathhouse, both of them are allowed to enter at all times during the day. The same principle applies to any object that is fit to be used at all times and is not usually hired out - e.g., a bathhouse, a mattress or a Torah scroll. One cannot tell the other: "You use it one day, and I will use it the next day." For the other can claim: "I want to use it every day."
Halacha 3
When one person rents from a colleague a portion of a courtyard or a field that is not large enough to divide or two people rent such a property in partnership, each one can compel his colleague and tell him: "Either rent my portion from me or rent me your portion." If the property is large enough to divide, it should be divided.
Halacha 4
What is meant by a property being large enough to divide? That if it were divided among the partners, even the partner with the smallest share would receive a portion of the property large enough to be referred to by the same name that is used to refer to the entire entity. If, however, the name that is used to refer to the entire entity would not be used for this portion, it is not large enough to divide.
What is implied? Whenever a courtyard does not contain four cubits by four cubits, it cannot be called a courtyard. Whenever a field is not large enough to sow nine kabbim of grain, it is not considered to be a field. Whenever a garden is not large enough to sow a half a kav, it is not considered to be a garden. Whenever an orchard is not large enough to sow three kabbim, it is not considered to be an orchard.
Therefore, a courtyard is not divided among partners unless it is large enough for each of the partners to receive at least four cubits by four cubits. A field is not divided unless it is large enough for each of the partners to receive at least enough to sow nine kabbim. A garden is not divided unless it is large enough for each of the partners to receive at least enough to sow half a kav. And an orchard is not divided unless it is large enough for each of the partners to receive at least enough to sow three kabbim.
Where does the above apply? In Eretz Yisrael and lands like it. In Babylonia and lands like it, by contrast each partner must receive a larger measure. A field is not divided unless it is large enough for each of the partners to receive at least enough to require a day of plowing. An orchard is not divided unless it is large enough for each of the partners to receive at least 36 trees - this is the number that requires one person to tend to them for a day. A field that is watered with a utensil is not divided unless it is large enough for each of the partners to receive at least enough that a workman will spend a day watering it.
Halacha 5
One should not divide a hall, a large building, a dovecote, an olive press, a bathhouse or a garment unless each of the recipients will receive a portion sufficient for himself. If one is dividing a bathhouse, each portion must be useful as a bathhouse. If one is dividing a dovecote, each portion must be useful as a dovecote. The same principles apply with regard to a garment or other objects.
If the entity is not large enough to divide, its value is assessed. One can tell one's fellow partner: "Either sell it to me or buy it from me."
If the entity is not large enough to divide, but one partner says to the other: "Let us divide this even though the portions are not equal. I will take the smaller portion and you take the larger portion," we are not required to accept his proposition. For the other partner will tell him: "I do not desire to receive a gift." Instead, since the entity is not large enough for an equal division, we assess its financial value.
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Rambam:
• 3 Chapters: Kli Hamikdash Kli Hamikdash - Chapter 3, Kli Hamikdash Kli Hamikdash - Chapter 4, Kli Hamikdash Kli Hamikdash - Chapter 5
Kli Hamikdash - Chapter 3
Halacha 1
The descendants of Levi were singled out for service in the Sanctuary, as [Deuteronomy 10:8] states: "At that time, God separated the tribe of Levi."1 It is a positive commandment2 for the Levites to be free and prepared for the service of the Sanctuary, whether they desire to do so or not,3 as [Numbers 18:23] states: "And the Levite shall perform the service of the tent of meeting." When a Levite accepts all the mitzvot of the Levites with the exception of one matter, he is not accepted unless he accepts them all.
Halacha 2
Their service was to guard the Temple.4 Among [the Levities], there were gate-keepers5 who would open the gates of the Temple and close its doors. And there were singers who would accompany the sacrifices with song each day. [The latter concept is derived from the exegesis of Deuteronomy 18:7]: "And he shall serve in the name of God, his Lord, as all of his Levite brethren." Which service involves [invoking] the name of God? I would say: song.
When were songs recited? At the time all the communal burnt offerings,6 the peace offerings brought on Shavuous,7 and the wine libations8 were brought. Song was not recited over the freewill burnt offerings that the community would bring for "the dessert of the altar,"9 nor on the wine libations that are brought independently.10
Halacha 3
A Levite who is in an acute state of mourning11 is permitted to perform his service and sing.12 There should never be less than twelve Levites13 standing on the duchan14 each day to recite the songs over the sacrifices and the additional offerings. The songs were song vocally without musical instruments, for the fundamental dimension of the song is vocalization. Others would stand on [the duchan] and play melodies with musical instruments: some of them were Levites and some of them were Israelites of distinguished lineage, fit to marry into the priesthood. For only a person of distinguished lineage was allowed to ascend to the duchan.15 The people who play musical instruments are not included in the number of the twelve singers [required].
Halacha 4
On what instruments would they play? On lyres, flutes, harps, trumpets, and a cymbal.16 There should not be less than two lyres, nor more than six. There should not be less than two flutes, nor more than twelve. There should not be less than two trumpets, nor more than one hundred and twenty.17 There should not be more less than nine harps and there is no upper limit. There should only be one cymbal.
Halacha 5
On all the days of the festivals and on the Rashei Chadashim, the priests would sound the trumpets while the sacrifice was being offered and the Levites would recite songs, as [Numbers 10:10] states: "On the day of your celebration, on your festivals, and at the beginning of your months, you shall sound the trumpets."18
Each trumpet was made from a block of silver.19 If it was made from scraps of silver, it is acceptable. If it is made from other metals, it is unacceptable.
The flutes on which they would play would have cane reeds, because they produce a sweet sound. The melody would always be played by a single flute, because it produces a pleasant sound.20
Halacha 6
Twelve days a year, the flute would be sounded before the altar:21 During the slaughter of the first Paschal sacrifice,22 and during the second Paschal sacrifice,23 on the first day of Pesach, on the first day of Shavuot, and on the eight days of Sukkot. [The sounding of] the flute on these occasions24 supersedes the Sabbath [prohibitions],25 because it is associated with a sacrifice and the sounding of a flute associated with a sacrifice is an act of Temple service and supersedes the Sabbath prohibitions.
Halacha 7
A Levite may not enter the Temple Courtyard to perform his service until he studied for five years beforehand. [This concept is derived as follows. Numbers 8:24] states: "This is [the edict] with regard to the Levites: From the age of 25..." and [ibid. 4:30] states: "From the age of 30...." How can [this apparent contradiction be resolved]? They study for five years and they do not enter the service until they fully mature and attain manhood [as ibid.:19] states: "Each man to his service."26
Halacha 8
The Torah's statement [Numbers 8:25]: "At the age of 50, he will turn back from the ranks of the workers [of the Sanctuary]," applied only in the era when the Sanctuary was carried from place to place. It is not an [ongoing] mitzvah for future generations.27 For future generations, a Levite is not disqualified because of age or because of physical blemishes,28 only due to a change in voice,29 i.e., if his voice spoils because of his advance age, he is disqualified from serving in the Temple. It appears to me that he is disqualified only from serving as a singer, but he could become one of the doorkeepers.30
Halacha 9
Samuel the Seer and King David divided the Levites into 24 watches.31Each week, a different watch would serve [in the Temple]. The head of the watch would divide all the men of the watch into different "clans." On each day of the week, designated men would serve.32 The heads of the clans would assign the workers on the day that they were designated to work, [allotting each] one appropriate tasks.
All of the Levites are warned [not to participate in] the service of the altar,33 as [ibid. 18:3] states: "But to the holy utensils and to the altar they should not draw close so they do not die." [This prohibition implies] that they should not draw close to the service [of the Sanctuary], but they may touch [the sacred utensils].34
Halacha 10
Just as the Levites were warned not to perform the service of the priests,35so too, the priests are warned not to perform the work of the Levites, as [the above verse] states: "Also they,36 also you [shall not die]."37 Similarly, the Levites themselves were warned that each one should not perform the task incumbent on a colleague.38 Thus a singer should not assist39 a door-keeper, nor a door-keeper a singer, as [ibid. 4:49] states: "Every men, according to his service and his burden."
Halacha 11
When Levites perform the service of the priests or one Levi assisted in a task that is not his, they are liable for death at the hand of heaven, for [ibid. 18:3] states: "shall not die."40 When, by contrast, a priest performs the service of a Levite, he is not liable for death. Instead, he violates merely a negative commandment.41
FOOTNOTES
1.See also Hilchot Shemitah VeYovel 13:12 which states:
Why did the Levites not receive a portion in the inheritance of Eretz Yisrael and in the spoils of war like their brethren? Because they were set aside to serve God and minister unto Him and to instruct people at large in His just paths and righteous judgments, as [Deuteronomy 33:10] states: "They will teach Your judgments to Jacob and Your Torah to Israel." Therefore they were set apart from the ways of the world.
2.Sefer HaMitzvot (positive mitzvah 23) and Sefer HaChinuch (mitzvah 394) include this mitzvah in their reckoning of the 613 mitzvot of the Torah.
3.The Sifri to the prooftext quoted states that they can be compelled to do so against their will.
4.See Hilchot Beit HaBechirah, ch. 8, which describes the guarding of the Temple.
5.See I Chronicles 9:17-26 which lists the Levites who served this function. The guards would serve as watchmen and not perform any physical work. The gatekeepers performed physical activities, opening the gates, closing them, and locking them.
6.I.e., the daily offerings and the special offerings brought on Sabbaths, Rashei Chadashim, and holidays.
7.As a prooftext for this concept, Arachin 11b cites Numbers 10:10: "And you shall sound the trumpets over your burnt offerings and over peace offerings." The plural term implies offerings that are brought for the entire Jewish people.
8.Arachin, loc. cit., associates the wine libations with song, stating: "Song is recited only over wine." See Hilchot Temidim UMusafim 6:5.
9.See Hilchot Shekalim 4:9 for a description of these sacrifices.
10.With this phrase, Rambam is referring to both wine libations brought by individuals and those brought by the community but were not brought on the same day as the sacrifice with which they were associated. See Hilchot Temidim UMusafim 6:8.
11.I.e., a close relative died that day (Hilchot Bi'at HaMikdash 2:9).
12.In contrast to a priest who may not offer a sacrifice while in such a state (Ibid.:6).
13.Arachin 13b explains that there were at least twelve musical instruments playing each day. And there was one singer corresponding to every one of these instruments.
14.The platform of three steps that divided between the Courtyard of the Israelites and the Courtyard of the Priests (Hilchot Beit HaBechirah 6:3).
15.Indeed, the fact that a person had served on the duchan is a sign of his lineage.
16.In his Commentary to the Mishnah (Arachin 2:3), the Rambam describes these instruments at length.
17.Indeed, II Chronicles 5:12 speaks of 120 trumpeters.
18.The preceding verse speaks of sounding the trumpets as an outcry of distress. This mitzvah is described in Hilchot Ta'aniot, ch. 1. In his Sefer HaMitzvot (positive commandment 59), the Rambam writes that the two soundings of the shofar are considered as a single mitzvah.
19.Numbers 10:2 speaks of beating out the silver and forming trumpets in that manner.
20.Our translation follows the Rambam's Commentary to the Mishnah (Arachin 2:3). Rashi, Arachin 10a, offers a different interpretation, explaining that all melodies were concluded by a long note from a lone flute.
21.I.e., on these days, the Levites would sing the Hallel and be accompanied by the flutes alone. On the other days of the year, they would be accompanied by the other instruments (ibid.).
22.On the 14th of Nissan.
23.I.e., on Pesach Sheni, on the 14th of Iyar. Those who did not bring a sacrifice on the first Pesach had the opportunity to compensate by bringing the sacrifice a month later (Hilchot Korban Pesach,, ch. 5).
24.This also applies with regard to the sounding of the other musical instruments. A flute is mentioned, because a flute was also sounded in association with the water libation (see Hilchot Lulav 8:13) and the sounding of the flute at that time did not supersede the Sabbath prohibitions (Rashi, Sukkah 50b).
25.For it is forbidden to sound musical instruments on the Sabbath.
26.As evident from Chapter 5, Halachah 15, the attainment of manhood mentioned here apparently refers to reaching the age of Bar Mitzvah. Hence the commentaries question the Rambam's statements, for they apparently contradict his statement made previously, that a Levite must be 30 to begin his service. The Radbaz and Rav Yosef Corcus explain that the obligation to be 30 applied only when the Sanctuary was being transported. (Just as the disqualification at age 50 applied only in the era when the Sanctuary was transported [see the following halachah], so too, it is reasonable to postulate that the obligation to be 30 applied only then.) In other eras, all that was necessary was that the Levite study the necessary laws for five years.
27.See Sefer HaMitzvot,, General Principle 3, which mentions this issue.
28.As a priest is (see Hilchot Bi'at HaMikdash, ch. 6).
29.Chullin 24a states that the Levites on the duchan must sing in a manner that their voices sound like one voice. If the voice of a particular Levite becomes spoiled and he is no longer capable of singing in this manner, he is unfit to perform this service.
30.Indeed, even in the era when the Sanctuary was transported, an elderly person was disqualified only from carrying it. He could serve as a watchman or a singer even then (Har HaMoriah).
31.Ta'anit 27a derives this concept from I Chronicles 9:22.
32.The designation of the clans and thus the determination of who would be serving in the Temple on a particular day was the responsibility of the head of the watch (Kessef Mishneh).
33.This is part of the prohibition mentioned in the following halachah.
34.This is derived from the law mentioned in Hilchot Mitamei Mishkav UMoshav 11:11 that when the table for the Showbread was displayed to the people, they were warned not to touch it lest it become impure. One can infer that there is no difficulty in touching it per se, only in making it impure (Har HaMoriah).
The commentaries have noted that Numbers 4:15 specifically mentions that the Levites should not touch the sacred utensils and that doing so was punishable by death. It is, however, possible to explain that this stringency only applied during the time the Sanctuary was transported through the desert and not in subsequent generations.
35.As stated in the previous halachah.
36.The Levites.
37.The priests.
38.Sefer HaMitzvot (negative mitzvah 72) and Sefer HaChinuch (mitzvah 389) include the prohibition against performing service designated for someone else in their reckoning of the 613 mitzvot of the Torah.
39.The Kessef Mishneh questions the Rambam's ruling, because according to Arichin 11b, the source for the Rambam's ruling, it would appear that someone who merely renders assistance is not liable for violating a Scriptural commandment.
40.Implying that the violation of this commandment makes one liable to die.
41.The Ra'avad takes issue with the Rambam's ruling, maintaining that the priests are also liable for death, noting that this is stated in Arichin, loc. cit. The Or Sameach notes that the Sifri Zuta (which the Rambam quotes in Sefer HaMitzvot, loc. cit., also quoted by the Yalkut Shimoni) to the verse rules differently, distinguishing between the priests and the Levites, leaving room for the Rambam's decision.
Kli Hamikdash - Chapter 4
Halacha 1
The priests were set aside from the Levites as a whole [to perform] the sacrificial service, as [I Chronicles 23:13] states: "And Aaron was set apart to sanctify him as holy of holies." It is a positive commandment1 to distinguish the priests, make them holy, and prepare them for the sacrifices, as [Leviticus 21:8] states: "And you shall sanctify him because he offers the food of your God."
Halacha 2
It is necessary for every Jewish person to show them much honor and to give them priority for every matter of holiness, to begin [reading] the Torah first,2 to recite the blessings first,3 and to take a desirable portion first.4
Halacha 3
Moses divided the priests into eight watches: four from Elazar and four from Itamar. This continued until [the days of] Samuel the prophet. At that time, he and King David divided them into 24 watches.5 For each watch, there was one who served as the leader. A watch would ascend to Jerusalem to serve for the entire week. They would switch on the Sabbath day. The previous watch would depart and the one which follows would enter.6 [This cycle would continue] until its completion and then they would start again.
Halacha 4
It is a positive commandment for all the watches to share equal status7 during the pilgrimage festivals. Any one of the priests who comes during the pilgrimage festivals and desires to serve [in the Temple] may serve and receive a portion [of the sacrifices]. We do not tell him: "Go and [wait] until your watch [receives its turn]," as [Deuteronomy 18:6] states: "When the Levite8 will come from one of your cities... [to the place that God will choose, he shall serve..."].
Halacha 5
In which context does the above apply? With regard to the sacrifices of the festivals,9 the division of the showbread,10 and the two loaves [offered on] Shavuot.11 Vowed offerings,12 freewill offerings,13 and the daily offerings are offered only by the watch that serves at that time.14 [This applies] even during the pilgrimage festivals, as [ibid.:8] states: "Portion for portion shall they eat, except for what was transacted by the ancestors." The implication is that they will partake "portion for portion" of the communal offerings, but not of the other sacrifices. For these were already divided by their ancestors and established for each watch in its week.
Halacha 6
Similarly, the service involved with the showbread is performed by the watch whose turn is established. The service involved with the two breads [of Shavuos] is performed by all the watches.15
How do we know that [the verse cited above] is speaking only about the festivals? Because it states: "from one of your cities among all Israel." [One can infer] that it is speaking about a time when the entire Jewish people enter through one gate.16
How do we know that it is speaking about priests?17 For it states: "Portion for portion shall they eat" and there are no presents to be eaten allotted in the Temple except to the priests.
Halacha 7
Similarly, when a priest has a sacrifice [of his own], he may come to the Temple and offer it on any day that he desires,18 as [that verse] states: "He shall come at any [impulse] of his heart's desires and serve." He may even offer his sin offering and guilt offering and bring about atonement for himself. [In such an instance,] the right to the hide and to partake of the sacrifice belongs to him. If he desires he may give his sacrifice to any priest he desires to sacrifice it. [In such an instance,] the right to the hide and to partake of the sacrifice belongs to the priest to whom he gave it.19
Halacha 8
If the priest who brings the sacrifice is physically blemished,20 he should give his sacrifice to the [priests of] the watch serving that week and the hide belongs to them.21 If he was ill or sick to the extent that he could serve only with difficulty, he may give the sacrifice to any priest he desires,22 the hide and the service23 belong to the [priests of] the watch serving that week. If he cannot serve at all, the sacrifice belongs to the [priests of] the watch serving that week in its entirety.24
Halacha 9
If [all the priests of the watch] are impure and a communal sacrifice is involved and all of the priests25 were impure,26 the sacrifice may be given to the priests of that watch who were ritually pure, but have physical blemishes.27 The hide and the service belong to [the priests of] the watch serving that week [even though they are] impure.28
Halacha 10
If the sacrifice belonged to the High Priest and he was in a state of acute mourning,29 he may give it to any priest he desires. The hide and the service belong to [the priests of] the watch serving that week. [The rationale is that] since a High Priest is fit to perform service in a state of acute mourning,30 as will be explained,31 he may appoint an agent for his sacrifice.
Halacha 11
The head of every watch divides his watch into clans32 so that [the priests] in each clan will serve on one of the days of the week, one on one day, another on the next, and another on the next. Each of the clans had a head who was appointed over it.
Halacha 12
A High Priest is appointed33 [to serve as] the head of all of the priests. He is anointed with the anointing oil34 and clothed in the garments of the High Priest,35 as [Leviticus 21:10] states: "And the priest who was elevated over his brethren, over whose head was poured [the anointment oil]...." If there is no anointment oil,36 he is initiated into office merely by [wearing] the garments of the High Priest,37 as [the above verse] states: "...over whose head was poured [the anointment oil] and who was initiated to wear the garments." [Implied is that] just as he is initiated with the anointment oil, so too, he is initiated with the garments [of the High Priesthood].
Halacha 13
How is he initiated with the garments? He puts on the eight garments [of the High Priest] and [later] removes them and does so again on the morrow for seven days, as [Exodus 29:30] states: "The priest from his sons who serves in his stead shall put them on for seven days." Just as he puts on the clothes for seven consecutive days, so too, he is anointed with the oil for seven consecutive days.38 If he performed service before he was initiated by wearing the clothes for all seven days or before he was anointed for all seven days, his service is acceptable.39 Since he was initiated or anointed once, he is a High Priest with regard to all matters.
Halacha 14
There is no difference in [the laws pertaining to] a High Priest who was anointed with the anointment oil and [those applying to] one who was initiated by wearing the garments of the High Priest except [the obligation] for the High Priest to bring a bull [as a sacrifice] if he inadvertently violated one of the mitzvot for which a sin offering is required, as [Leviticus 4:3] states: "If the anointed priest40 will sin...."41 With regard to other matters, they are identical.
Halacha 15
A High Priest should be appointed only by the court of 71 judges.42 He should be anointed only during the day, as [ibid. 6:13] states: "On the day of his anointment...." Similarly, if he was initiated merely by wearing the priestly garments, the initiation should only take place during the day. Two High Priests should not be initiated together.
Halacha 16
We also appoint a priest who will serve the High Priest like a viceroy, he is called the segen and he is also called "the appointed one." He should stand at the right hand of the High Priest at all times.43 This honor is given to him. All of the other priests are under his authority.
Halacha 17
In addition, katikolin44 are appointed to serve the segen as the segen serves the High Priest. There should be no less than two of them.45 No less than seven amerkalin46 should be appointed, The keys to the Temple Courtyard are in their hands.47 If one desires to open [the courtyard], he cannot until all the amerkalin gather and open it.
Halacha 18
Treasurers are appointed under the amerkalin. There should be no less than three. They collect the consecrated articles, redeem those which should be redeemed,48 and use the proceeds for purposes that require these expenses.
Halacha 19
A High Priest who was anointed receives precedence49 over one who was installed by wearing the garments [of the High Priesthood].50 One installed by wearing the garments who is prepared to serve receives precedence over an anointed [High Priest] disqualified because of a seminal emission.51 One disqualified because of a seminal emission receives precedence over one disqualified because of a physical blemish.52 One disqualified because of a physical blemish receives precedence over the priest anointed to lead the nation in war.53 The priest anointed to lead the nation in war receives precedence over the segen.54 The segen receives precedence over a katikol, a katikolover an amerkal, an amerkal over a treasurer, a treasurer over a head of a watch, a head of a watch over a head of a clan, an a head of a clan over an ordinary priest. Thus there are eight rungs in the priesthood,55 one above the other.
Halacha 20
When the king, the High Priest, or any other official dies, his son or anyone fit to inherit him56 is appointed in his stead. Those who are higher in the order of inheritance57 receive precedence with regard to receiving the position of the deceased, provided he is equivalent [to the deceased] in wisdom,58 or in the fear of God, even if he is not comparable in wisdom.59 For [Deuteronomy 17:20] states with regard to a king: "He and his descendants in the midst of Israel." This teaches that the kingship is inherited. This applies with regard to any office amidst the Jewish people.60 If one acquires it, he acquires it for himself and for his descendants.
Halacha 21
The position of being the priest anointed to lead the nation in war is not transferred to one's son.61 Instead, the son is like all other priests. If he is anointed as the leader in war, he is anointed. If he is not anointed, he is not anointed.62 When the priest who was anointed to lead the nation in war serves in the Temple,63 he serves wearing four garments like the other priests.64
A person should be promoted to a higher position than the one he holds and should not be demoted to a lower position, for one must ascend with regard to holy matters and not descend.65 A person should never be removed from a position of authority within the Jewish people unless he acted in an unsuitable manner.66
Halacha 22
When a High Priest violates a transgression that is punishable by lashes, he should be given lashes in a court of three judges as is the law regarding others liable for lashes.67 He then returns to his position of eminence.68
FOOTNOTES
1.Sefer HaMitzvot (positive commandment 32) and Sefer HaChinuch (mitzvah 269) include this commandment among the 613 mitzvot of the Torah.
2.I.e., to receive the first aliyah in the public reading of the Torah. In the Talmudic era (and so is the practice in some communities today), the person receiving the aliyah would himself read from the Torah.
3.I.e., to recite the blessing HaMotzi and to lead the Grace (Rashi, Gittin 59b).
4.In his Commentary to the Mishnah (Gittin 5:8), the Rambam emphasizes that this applies only when there are no sages present whose knowledge surpasses that of the priest. If such sages are present, they are given priority.
5.More particularly, Samuel divided them into 16 watches and David, into 24 (Ta'anit 27a).
6.The changing of the watches was marked by the division of the showbread. The entering watch would receive six loaves and the departing watch, six loaves. See Hilchot Temidim UMusafim 4:12.
7.Sefer HaMitzvot (positive commandment 36) and Sefer HaChinuch (mitzvah 509) include this commandment among the 613 mitzvot of the Torah.
There is, however, a difference between the definition of the mitzvah here and that of Sefer HaMitzvot. In that source, the Rambam describes the mitzvah as creating the watches, while here he defines it as allowing all of the watches to serve during the festivals.
8.All the commentaries agree that this verse is referring to a priest, who is a descendant of the tribe of Levi. See the conclusion of Halachah 6.
9.The Kessef Mishneh explains that this refers both to the communal offerings required to be offered on the festivals and the individual offerings which people would bring as part of their pilgrimage obligations.
10.See Hilchot Temidim UMusafim 4:12.
11.See ibid. 8:11.
12.A pledge to bring a particular type of sacrifice (see Hilchot Nedarim 1:2).
13.A pledge to bring a designated animal as a sacrifice (ibid.).
14.I.e., although all the priests had license to come and serve in the Temple during the pilgrimage festivals, there was also one watch which was designated to serve at that time, and that watch was entrusted with offering these sacrifices.
15.The difference between the two is that the showbread is not offered because of the festival (but is instead, an ongoing obligation for every Sabbath), while the two loaves are (Radbaz).
16.We have translated the word sha'arecha figuratively as "your cities," even though it literally means "your gates." The implication is that the verse is speaking about a time when all of Israel come to one city, Jerusalem, for the pilgrimage festivals.
17.For it mentions Levites.
18.I.e., even if it is not the time when his watch was designated to serve.
19.The Ra'avad differs and maintains that the priest who brought the sacrifice has the right to partake of it and benefit from its hide, even if he did not offer it. The Radbaz and the Kessef Mishneh debate these two perspectives based on Bava Kama 110a.
20.In which instance, he is forbidden to bring his own sacrifice.
21.This follows the version of Bava Kama 109b cited by Rashi. The standard published text follows a different version. Since he is unable to offer the sacrifice, he may not appoint an agent to offer it, but instead, must give it to the members of the watch. Since they offer it, they are entitled to its hide. The owner of the sacrifice may, however, receive a portion of the meat of the sacrifice since he is permitted to partake of sacrificial meat.
22.Since it is possible for him to serve, he may appoint an agent to act as the owner of the sacrifice.
23.According to Rashi (ibid. 110a), it appears that the intent is the priests of the watch are given the right to partake of the sacrifice. Since the owner could not partake of it himself, he cannot appoint an agent to do so.
24.Since he cannot serve himself, he cannot appoint an agent to serve in his place.
25.I.e., all the priests found in Jerusalem at that time, including those of other watches.
26.In which instance, the communal sacrifices may be offered by the priests while in a state of impurity, as stated in Hilchot Bi'at HaMikdash 4:12. Individual sacrifices may not be offered by impure priests even under these circumstances.
27.In such a situation, the sacrifice should be brought in a state of ritual impurity. Nevertheless, the sacrificial meat itself was ritually pure and it should be eaten by a priest who is ritually impure. Since the priest who is physically blemished is ritually pure and is part of the watch which is serving, he should be given the meat to eat.
28.A blemished priest cannot perform service in the Temple even in such a situation.
The Ra'avad differs with the Rambam and states that the sacrifice should be given to any priest to offer even though that priest is impure and the right to partake of the sacrifice and use the hide should be given to the priests of that watch who have physical blemishes. The Radbaz explains that the Rambam's intent is that a priest with physical blemishes should receive the meat. The hide, however, belongs to the priests who offered it.
29.His mother, father, brother, sister, son, daughter, or wife died that day.
30.Hence he can appoint an agent.
31.Hilchot Bi'at HaMikdash 2:6. The High Priest may offer sacrifices while in a state of acute mourning, but may not partake of them. Other priests are not allowed to offer sacrifices in this state.
32.The Radbaz implies that the division was a creative one and that each week, the head of the watch would make a division according to his perception of the needs of the Temple service for that week.
33.By the High Court of 71 judges as stated in Halachah 15.
34.Described in Chapter 1, in particular, Halchot 7 and 9.
35.The eight garments described in Chapter 8, Halachot 1-2. An ordinary priest wears four priestly garments and the High Priest, eight.
36.As was the case in the latter years of the First Temple and throughout the Second Temple period (see Chapter 1, Halachah 8).
37.The term marbeh begadim, literally, "increased [his] garments," is used to described this initiation, because he is garbed with the eight garments of the High Priest as opposed to the four of an ordinary priest.
38.The Radbaz explains that the paradigm for this was set by the initiation of Aaron in the High Priesthood at the time of the dedication of the Sanctuary. Although Aaron was anointed on the first day, Moses served as a High Priest for the first seven days (Radbaz).
39.Implied is that the initial preference is for him not to perform service. The Ra'avad differs and maintains that the obligation to be initiated for seven days before serving applies only with regard to the Yom Kippur service, but not with regard to other matters.
40.Thus including only a High Priest who was anointed.
41.See Hilchot Shegagot, ch. 15, for a description of the details of this sacrifice.
42.Sanhedrin 16a derives this from the advice Yisro gives to Moses (Exodus 18:22): "Any great matter (hadavar hagadol) will be brought to you." Implied is that matters that involve gadlus (greatness) - including the appointment of the kohen gadol (the High Priest) - should be judged by a court with authority equal to that of Moses, i.e., the Sanhedrin of 71 judges.
43.See Chapter 5, Halachot 4-5, 13.
44.A Greek term meaning "general officer."
45.In his Commentary to the Mishnah (Shekalim 5:2), the Rambam states that there should never be less than two people appointed to take care of communal matters.
46.Horiot 13a interprets this as a composite of two Aramaic terms meaning "appointed over all." See also the Targum to Numbers 3:32 which uses this term to translate nasi, "prince." The Radbaz notes that the word emir in Arabic means "officer."
47.I.e., there were seven keys to the Temple Courtyard and each one had one key (Tosefta, Shekalim). In Hilchot Beit HaBechirah 8:5, the Rambam states that the keys to the Sanctuary were entrusted to the elders of the clan. Perhaps the intent is that the elders of the clan were in fact the amerkalin (Ma'aseh Rokeach). Based on the following halachah, that would seem unlikely (Kin'at Eliyahu). See also Chapter 7, Halachah 3, which speaks about a priest appointed to lock the gates of the Temple. Perhaps the intent is that the keys belonged to the amerkalin and each night, they would entrust them.
48.I.e., those that could be used for the Temple or its service itself should be used for that purpose and not redeemed.
49.Horiot 13a states that he is given precedence with regard to providing him with his livelihood (and by extension, redeeming him from captivity and returning his lost article). Seemingly, this order also applies - albeit with certain exceptions - with regard to establishing a hierarchy of honor.
50.The Ritba (in his gloss to Makkot 11a) questions the source of the Rambam's ruling, Horiot, loc. cit. For seemingly, until the oil of anointment was entombed, there were only anointed High Priests and there were none initiated by wearing the priestly garments. And after it was entombed, there were no longer any anointed High Priests. And yet, the passage in Horiot appears to imply that they were contemporaries.
The Ritba offers a resolution, explaining that, in the era of the First Temple, if a High Priest that was anointed was forced to be absent from the Temple for an extended period, e.g., he became ill or was taken captive, a substitute was appointed to serve as a High Priest in his place. He was not anointed, because there may never be two anointed High Priests at the same time, but instead, was initiated in his office by wearing the garments of the High Priesthood.
51.A priest who experiences a seminal emission becomes impure and is therefore disqualified from offering sacrifices or performing any other service in the Temple until he regains ritual purity.
52.For the one disqualified because of a seminal is fit for service after he becomes pure, while a blemished priest will never become fit. Even if the blemished can be healed, until it is healed, he is unfit.
53.See Chapter 1, Halachah 7.
54.Nazir 47b states that with regard to providing one with his livelihood, the priest appointed to lead the nation in war receives precedence over the segen, because the nation as a whole is dependent on him.
55.The priest appointed to lead the nation in war is not counted, because he is not involved in the Temple service. Nor are those disqualified because of blemishes or impurity counted, because they do not exist at all times. Similarly, only one level of High Priest is counted, because generally, there was either an anointed High Priest or one installed through wearing the garments. Usually, both did not exist together. See the gloss of the Kessef Mishneh.
56.I.e., any male. Although females are fit to inherit in certain circumstances, they should not be given any positions of authority among the Jewish people. See Hilchot Melachim 1:5.
57.The order of inheritance is listed in Hilchot Nachalot, ch. 1.
58.Hilchot Melachim 1:7 states that he must be equivalent to his predecessor in both wisdom and the fear of God in order to inherit the position. The commentaries suggest emending the text here to follow that reading, because the fear of God is the very foundation of the spiritual heritage of the Jewish people. Anyone who lacks that quality can never be a competent leader, as the Rambam states there: "[However,] under no circumstance should a person who lacks the fear of God be appointed to any position in Israel, even though he possesses much knowledge."
59.In the above source, the Rambam states: "He should be granted his father's position and given instruction." In that vein, Ketubot 103b describes how Rabbi Yehudah Hanasi instructed that his son Gamliel be given his position, even though his knowledge was not as great as his father's.
If, however, a son is not comparable to his father in the fear of heaven, he should not be given his position at all. The Kessef Mishneh cites the interpretation of Leviticus 16:32 which describes the High Priest as one "who was anointed to fill the place of his ancestor." Torat Kohanim (Tzav) comments: "Should he be anointed even though he does not 'fill the place' [i.e., does not equal the level of his] ancestors? No, the Torah states 'fill the place.' If he is not equal to his father, the position should be granted to someone else."
60.See Sifri, Shoftim.
This law has been a matter of controversy throughout the years. In regard to positions of communal authority, almost all authorities accept this concept. However, controversies have frequently arisen over the inheritance of Rabbinical positions. Here, the Rambam's decision has frequently been challenged.
Maharshdam (Yoreh De'ah, Responsa, n. 85) states that a city must seek out the most capable Rav possible without regard to inheritance. Similarly, the Terumat HaDeshen (Pesakim 128) states "Torah cannot be inherited."
However, many prominent authorities (Rivash, Responsa 271, Ramah, Yoreh De'ah 245, Maharit Algazi, Simchat Yom Tov 6) have explained that this law applies even in regard to rabbinical positions.
The difficulties in deciding the question may be seen in the Chatam Sofer's lack of certainty regarding it. In his Responsa (Orach Chayim, Responsum 12), he at first espouses the opinion that rabbinical positions should not be handed down from father to son. However, later (Responsum 13), he reversed himself and granted the son his father's position by inheritance.
In practice, most Rabbis have reached the opinion that if the son is a capable Rabbi, though less qualified than another who seeks the position, his father's position should be awarded to him. However, if the community sees the son as incapable of filling his father's position at all, it may be given to another person.
61.The Radbaz maintains that this ruling has to do with the unique function this priest serves. Since he leads the nation in war, it is a life or death question and the most capable person is chosen whether he is the heir or not.
In a responsum (Orach Chayim 12), the Chatam Sofer takes the opposite perspective, explaining the distinction between this and other positions which are inherited as follows: The kingship and other similar positions are appointments associated with leadership. Hence if the heir is fundamentally capable, he inherits his father's position. The priest who leads the nation in war, by contrast, is an appointment based on holiness. That is not transferred by inheritance. Indeed, the High Priesthood would not be transferred by inheritance were there not a specific verse commanding us to do so.
62.There is no obligation either way.
63.While he leads them in war, he wears the eight garments of the High Priest (see Radbaz, Kessef Mishneh).
64.Although he was anointed, he is not given the status of a High Priest and wears the garments of an ordinary priest.
65.This is a principle applied in several contexts of Torah law. See Menachot 11:7; Hilchot Tefilah 3:16; Hilchot Beit HaBechirah 3:16.
66.Once he is removed from his position, he should not be reinstated. See Hilchot Sanhedrin 17:9.
67.See Hilchot Sanhedrin 5:4. Although a case involving a question of capital punishment for a High Priest is judged by a court of 71 judges [rather than the usual 23 (ibid.:1)], we do not say that as a measure of respect for his position, he should be judged by a court of 23 judges. For if he is held liable, he will be lashed in their presence and this will be a public dishonor [Jerusalem Talmud (Sanhedrin 2:1)].
68.The Jerusalem Talmud (loc. cit.) explains that this comes as a result of the holiness with which the High Priest is endowed. It is a microcosm of God's holiness and hence, like His holiness cannot be nullified.
Kli Hamikdash - Chapter 5
Halacha 1
The High Priest must surpass all of his priestly brethren in beauty, power, wealth, wisdom, and appearance.1 If he does not have wealth of his own, all of his priestly brethren should give him according to their financial capacity until he is wealthier than all of them.2
Halacha 2
None of the above is an absolute requirement;3 instead, all of this is merely [the optimum way of fulfilling] the mitzvah. If he was, nonetheless, initiated, his initiation is valid.
Halacha 3
The High Priest must conduct himself with dignity. He should not act frivolously with the people at large. They should not see him naked, nor4 in the bathhouse, nor in the toilet, nor while he is having his hair cut, as [Leviticus 21:6] states: "the priest greater than his brethren." This teaches that he is regarded with great honor. [Nevertheless,] if he desires that others bathe with him, he may [allow them to do so].
Halacha 4
He should not enter a celebration or a public feast even if they are associated with a mitzvah.5 If he desires,6 however, he may go to a house of mourning. If he goes, he does not go walking together with the other priests. Instead, the priests surround him and display honor to him and the segen arranges the contact between him and the people. The segen and an anointed priest who was removed from his position7 stand at his right and the head of the clan [serving in the Temple], the mourners, and all others are to his left. He tells the mourners: "Be comforted" and they honor him according to their capacity.
Halacha 5
If one [of the relatives for whom he must mourn] dies, he does not go out to the funeral procession, nor does he depart from the entrance of his home or the Temple. All of the nation come to his home to comfort him. He stands for the line of comforters8 with the segen at his right and the head of the clan to his left. [The people tell him]: "We are atonement for you" and he tells them: "May you be blessed from heaven."
Halacha 6
When the meal of comfort is served to him,9 all of the people sit on the ground and he sits on a low bench.10 He does not rend his garments over his dead, as do the other priests,11 as [Leviticus 21:10] states: "He shall not rend his garments."12 If he rends them, he is liable for lashes.13 He may, however, tear them from below towards his feet.14
He may never let his hair grow long,15 as [ibid.] states: "He shall not allow [the hair of] his head to grow long." [This applies] even at times when he does not enter the Sanctuary. Instead, he should have his hair cut every Friday. He should not have his hair cut with a razor, rather with scissors. [He should have] the top of one hair [cut] when it reaches the base of the hair above it so that it appears that they grew as one,16 as [indicated by Ezekiel 44:20]: "They shall not shave their heads, nor should they let their hair grow long. [Instead,] they shall keep their heads trimmed."
Halacha 7
There was a chamber prepared for him in the Sanctuary which was called: "The Chamber of the High Priest."17 The glory and the honor of [the High Priest] would be to remain in the Sanctuary the entire day18 and to go to his private home only at night or for an hour or two during the day. His home should be in Jerusalem and he should never depart from there.19
Halacha 8
A High Priest may act as a judge and he is judged.20 Testimony may be delivered against him. Capital cases against him are judged in the High Court alone, as [implied by Exodus 18:22]: "Any great matter (hadavar hagadol) will be brought to you."21
Halacha 9
If he knows testimony, he is not obligated to deliver it, even in the High Court.22 For going to testify does not enhance his honor. If it was testimony involving a King of the Jewish people,23 he should go to the High Court and testify concerning him.24
Halacha 10
We already explained in the fifth book25 that [the High Priest] is forbidden [to marry] a widow and commanded to marry a virgin. He may not have two wives. If he marries two, he may not carry out the service on the fast [of Yom Kippur] until he divorces one.26
He may perform chalitzah27 and [either] chalitzah or yibbum are performed with his wife. If he divorces a women, she is permitted to marry another person.28
Halacha 11
When the High Priest enters the Sanctuary29 to prostrate himself,30 three support him: one on his right side, one on his left side, and one [holding] the jewels on the hind side31 of the ephod. He enters the Sanctuary and prostrates himself. When the segen hears the sound of the feet of the High Priest as he departs,32 he lifts up the curtain.33 After he departs, his priestly brethren enter, prostrate themselves, and depart.
Halacha 12
On any day he desired, he may offer the incense offering.34 He receives the first portion of any sacrifice offered in the Temple.35 What is implied? If he desires, he may say: "This sin offering is mine" or "This guilt offering is mine."36 He does not seek to be chosen for service by lot.37 Instead, whenever he desires to offer a sacrifice, he may offer [any sacrifice] he desires. With regard to consecrated [produce] from Eretz Yisrael,38 he is like all other priests.
Halacha 13
When the High Priest desired to offer a sacrifice, he would ascend the ramp with the segen on his right. When he reached the midpoint of the ramp, the segen would hold him by the right hand and help him up. The priest who would carry the head of the burnt offering would extend the limbs [he is carrying]39 to [the High Priest] and [the High Priest] would lean upon them40 and then toss them to the fire.41
Halacha 14
Similarly, all of the other limbs would be extended to him. All of those carrying the limbs would give the limbs they were carrying to the first priest and he would give them to the High Priest. He would lean upon them and toss them to the fire. If he desired to merely lean upon them and have another priest toss them to the fire, he may.
There is no concept of leaning on individual limbs except when the High Priest [offers a sacrifice]. [This is an expression of] honor to him. All of the [other] leanings, by contrast, are performed on living animals.
Halacha 15
As soon as a priest matures and attains majority,42 he is fit to serve in the Temple.43 Nevertheless, his priestly brethren would not allow him to serve in the Temple until he reached the age of 20.44 He should not enter the Temple Courtyard to perform service for the first time except during a time when the Levites are chanting songs.45
Halacha 16
A priest does not perform Temple service - nor does a High Priest perform Temple service - until he brings [a meal offering of] a tenth of an ephah from his own possessions and offer it himself, as [Leviticus 6:13] states: "This is the sacrifice of Aaron and his descendants46 which they will offer to God on the day that he will be anointed."
If one performs any of the Temple service before he brings [this meal offering] or if a High Priest serves as a High Priest before he brings [this meal offering], his service is acceptable.
Halacha 17
If a priest who had never performed Temple service before is appointed as the High Priest, he should bring [a meal offering of] a tenth of an ephah and offer it himself as is the training for every ordinary priest at the outset. Afterwards, he offers a second [such meal offering] as the training of a High Priest. And then he offers a third [such meal offering] which is the chavitin offering of the High Priest which he offers every day, as will be explained.47 The manner in which all three are offered is identical.
FOOTNOTES
1.Rav Yosef Corcus explains that "beauty" refers to the attractiveness of his facial features, "appearance," to the comeliness of his physical form. In his Commentary to the Mishnah (Yoma 1:3), the Rambam adds that the High Priest must surpass his brethren in the fear of God.
2.Leviticus 21:10 describes the High Priest as "the priest greater than his brethren." Yoma 18a offers two interpretations of that phrase: a) The High Priest must be greater than his brethren in all qualities that are significant to human interaction; b) his greatness must come "from (the prefix mei translated as "than" can also mean "from") his brethren"; they must grant him his wealth. The Rambam does not see the two interpretations as contradictory and combines them both in this halachah.
3.Har HaMoriah derives this from the fact that, by and large, the High Priests of the Second Temple period lacked the quality of wisdom which is the most important of all attributes. Nevertheless, they were given all the privileges of High Priests.
4.Our text follows the manuscript copies of the Mishneh Torah and early printings. The standard published text reads slightly differently.
5.For participation in a public celebration may compromise his dignity.
6.I.e., the matter is left to his choice.
7.Rashi (Sanhedrin 19a) explains that this refers to an instance where the High Priest was disqualified from performing the Yom Kippur service and another priest had to be appointed to replace him. Although that priest is removed from the office after the first returns, he is still treated with an extra dimension of honor.
8.See the description of this practice in Hilchot Evel 13:1-2.
9.See Hilchot Evel 4:9 which states that on the first day of mourning, a mourner is not allowed to partake of his own food.
10.During mourning, one is not permitted to sit on an ordinary chair (see ibid. 5:17-18). Indeed, in the Talmudic era, it was common for the mourners to sit on the ground itself. Nevertheless, out of respect for the High Priest, he is allowed to sit on a low stool and the visitors sit on the ground. He may not, however, sit on an ordinary stool, for he is also obligated to observe the laws of mourning (ibid. 7:6).
11.Rending one's garments is one of the mourning obligations. People at large, not only the priests, are obligated to rend their upper garments (ibid. 8:1).
12.Sefer HaMitzvot (negative commandment164) and Sefer HaChinuch (mitzvah 150) include the commandment for the priests not to enter the Temple with torn garments among the 613 mitzvot of the Torah. The Rambam discusses this mitzvah in Hilchot Bi'at HaMikdash, ch. 1. There and in his Sefer HaMitzvot, he explains that there are additional dimensions of this prohibition that apply to a High Priest alone, even when he is not in the midst of Temple service. Since he should be in the Temple at all times, he should never rend his garments. Moreover, he is not allowed to rend his garments during mourning even outside the Temple.
13.Even though it is a mitzvah for one to rend his garments over his dead, that does not absolve the High Priest for violating this transgression (Radbaz).
14.This refers to his own personal garments, not the priestly garments.
15.Sefer HaMitzvot (negative commandment 163) and Sefer HaChinuch (mitzvah 149) include the commandment for the priests not to enter the Temple with overgrown hair among the 613 mitzvot of the Torah. The Rambam also discusses this mitzvah in Hilchot Bi'at HaMikdash, loc. cit. In his Sefer HaMitzvot, he explains that there is an additional dimension of this mitzvah that applies to a High Priest.
As the Rambam continues to explain, this mitzvah applies not just when the High Priest is in mourning - although others should let their hair grow as a sign of mourning (Hilchot Evel 5:1-2, 6:2), he should not - but at all times.
16.This is part of the High Priest's obligation to present himself in a beautiful and attractive manner. This was a very difficult task. Sanhedrin 22b relates that one of the contemporaries of Rabbi Yehudah HaNasi (who lived approximately 100 years after the destruction of the Temple) squandered a large amount of money to have his hair cut in this manner. Rabbi Yehudah HaNasi praised him for this, for otherwise, the students would have had difficulty picturing it.
17.In Hilchot Beit HaBechirah 5:17, the Rambam notes that this chamber was also called the Chamber of Wood and the Chamber of the Parhedrin. See the notes to that halachah for the explanation of these names.
18.As is the simple meaning of the charge (Leviticus 21:12): "From the Sanctuary, he shall not depart." This, however, is not the halachic meaning of the commandment. Instead, as explained in Hilchot Bi'at HaMikdash 2, the halachic meaning is that he should not depart in the middle of his service.
19.This could also be understood from the above command, for according to the Rambam, there are times when the entire city of Jerusalem is referred to as "the Sanctuary."
20.I.e., this is not considered as an affront to his honor.
21.This was part of Jethro's advice to Moses with regard to the appointment of judges. Implied is that matters that involve gadlus (great importance) - for example, a case involving the very life of the kohen gadol (the High Priest) - should be judged by a court with authority equal to that of Moses, i.e., the Sanhedrin of 71 judges. As mentioned in Chapter 4, Halachah 23, cases involving a transgression punishable by lashes are judged by a court of three.
22.In contrast, an ordinary person is obligated to delivery any testimony that he knows (Hilchot Edut 1:1).
23.I.e., the kings of the House of David. The kings of the Kingdom of Israel and the like, by contrast, should not be brought to court (Hilchot Sanhedrin 2:5). Alternatively, it could refer also to the King of Israel and be referring to a case involving the king's son (Radbaz). Since a king is involved delivering testimony will not be deprecatory to the High Priest's honor.
24.Note the gloss of Rav Moshe HaCohen to Hilchot Edut who asks why the Rambam does not mention an instance where the High Priest's testimony is necessary to prevent a transgression, for in such an instance, seemingly, even the High Priest should be required to testify.
25.Sefer Kedushah, Hilchot Issurei Bi'ah, Chapter 1. Halachah 1 of that chapter mentions the prohibition against marrying a widow and Halachah 13, the mitzvah to marry a virgin. These concepts are also mentioned in Hilchot Ishut 1:7-8.
26.Yoma 13a derives this concept from the exegesis of Leviticus 16:5 states: "And he will atone... for his household." "His household" is interpreted as referring to his wife and the term is written in the singular, implying one wife and not two.
In his gloss to Hilchot Issurei Bi'ah 1:13, the Ra'avad notes that II Chronicles 24:3 speaks of Yehoyeda the High Priest and the marriage of two women, seemingly contradicting the Rambam's ruling. The Ra'avad interprets the verse as stating that Yehoyeda married the women himself. (Similarly, Rav Moshe HaCohen and others question the Rambam's ruling.) Rambam LeAm, however, advances the interpretation that the verse is stating that Yehoyeda had Yoash marry the women.
27.If a man's brother dies childless, there is a mitzvah for him to marry his brother's widow. This is referred to as yibbum. If he does not desire to marry the widow, he must perform a ritual act called chalitzah that gives her the right to remarry. The Rambam is emphasizing the contrast between a High Priest and a king. A king does not perform chalitzah because such an act would be a compromise to his honor. And since he does not perform chalitzah, he is also not entitled to perform yibbum. Nor does his wife undergo yibbum for she is not allowed to marry anyone else (Hilchot Melachim 2:3). None of these restrictions apply with regard to a High Priest.
28.The divorcee of a king, by contrast, is not permitted to marry anyone else (ibid.).
29.I.e., the outer chamber of the Temple building, not the Holy of Holies. This is evident from the fact that he is wearing the ephod and on Yom Kippur, he enters the Holy of Holies wearing only the four garments of an ordinary priest.
30.Prostrating oneself in the Temple was considered one of the elements of the Temple service. See Hilchot Bi'at HaMikdash 2:4.
31.This refers to the jewels on the High Priest's breastplate. It is necessary to hold these jewels because the Torah commanded that the breastplate never move away from the ephod.
32.The movement of the High Priest created noise, because there were bells on the bottom of his cloak.
33.This refers to the curtain over the opening to the Entrance Hall. On his way in, the High Priest would open the curtain by himself. This was not, however, easy on his way out, because he would be backing out, keeping his faced turned to the Temple.
34.Generally, the task of bringing the incense offering was rotated among the priests and one who offered it once would not offer it again (Yoma 26a). Nevertheless, the High Priest had the option of offering it whenever he desired.
35.This applies even if he did not offer the sacrifice himself.
36.Generally, the sacrifices are divided equally into portions for all the priests. The High Priest, however, could claim any sacrifice or portion of a sacrifice (see Hilchot Ma'aseh HaKorbanot 10:18).
37.As the other priests are (see Hilchot Temidim UMusafim, ch. 4).
38.E.g., terumah and challah..
39.In addition to the head, he would carry the right leg of the animal (Hilchot Ma'aseh HaKorbanot 6:11).
40.A person bringing a sacrifice would lean on the sacrifice as the Rambam mentions in the following halachah and describes in ibid. 3:6-16. This ritual is called semichah.
41.For the limbs would have to be tossed to the fire (ibid. 6:4).
42.I.e., when he reaches the age of thirteen and manifests signs of physical maturity.
43.For he is obligated - and thus entitled to - perform all the mitzvot including the service in the Temple.
44.At which time, he can be expected to be more mature and less likely to commit an error that would disqualify a sacrifice.
45.The Ra'avad differs and maintains that the passage from Arachin 13b which is the Rambam's source is speaking about a Levite and not a priest. The Radbaz agrees that the Ra'avad's view appears more likely from the context, but since the passage speaks about avodah - a term which usually refers to the service of offering the sacrifices - there is room for the Rambam's understanding.
46.By mentioning Aaron, the verse indicates that this offering is brought by a High Priest. By mentioning his descendants, it indicates that it is also brought by an ordinary priest.
47.See Hilchot Temidim UMusafim 3:18 and onward.
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Hayom Yom:
• Monday, Sivan 11, 5774 • 09 June 2014
"Today's Day"
Monday, Sivan 11, 5703
Torah lessons: Chumash: Beha'alotecha, Sheini with Rashi.
Tehillim: 60-65.
Tanya: An illustration (p. 293)...nothing besides it. (p. 295).
From my father's talks: "The avoda of serving G-d according to Chassidus comprises all kinds of levels... The level of "corpse" does not need much elaboration; but, thank G-d, there is also "revival of the dead" in spiritual avoda. A corpse is cold; there is nothing as frigid as natural intellect, human intellect. When one's natural intelligence comprehends a G-dly concept, and the emotions latent in intellect are enthused and moved by the pleasure-within-intellect - that is true revival of the dead.
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Daily Thought:Holistic Study
Questions are good, and show you’re alive and thinking. But you’re not going to get the full picture of Torah by pecking like a pigeon at crumbs on the sidewalk.
The only way to comprehend what Torah is saying is by a consistent schedule of study and a good teacher.
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