TODAY IN JEWISH HISTORY:
• MOSES ASCENDS TO THE TOP OF MOUNT SINAI (1313 BCE)
"Moses went up to the mountain, and the cloud covered the mountain...for six days. On the seventh day G-d called to Moses from within the cloud... And Moses came within the cloud, and he went up to the top of the mountain, and Moses was upon the mountain forty days and forty nights" (Exodus 24:15-18).
On the morrow of the giving of the Ten Commandments (see Jewish History for the 6th of Sivan), Moses ascended Mount Sinai in order to receive from G-d the remainder of the Torah -- the remaining commandments and the Oral Law. After being "cleansed" by the cloud for six days, he was ushered into the presence of G-d on the 13th of Sivan.
Links:
The Giving of the Torah at Mt. Sinai
Moses
• BOMBING IN CAIRO JEWISH QUARTER (1948)
Following the War of Independence (see Jewish History for the 6th of Iyar), citizens in many Arab countries began harassing their Jewish co-citizens, often times inflicting casualties and substantial property damage.
The 5,000 Jews living in Cairo, Egypt were also repeatedly victimized. On the 13th of Sivan a bomb exploded in the Jewish quarter of Cairo, murdering 22 Jews and wounding more than 40 others.
The systematic persecution caused most Egyptian Jews to flee, many choosing to move to Israel. Today, there are virtually no Jews remaining in Egypt.
• REBBE'S PARENTS WED (1900)
The Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory's, parents, Rabbi Levi Yitzchak Schneerson (1878-1944) and Rebbetzin Chana Yanovsky (1880-1964) were married on the 13th of Sivan, 1900. Their oldest son, Menachem Mendel, was born two years later, on the 11th of Nissan of 1902.
Links:
Rabbi Levi Yitzchak Schneerson
Rebbetzin Chana Schneerson
Marriage: an Anthology
DAILY QUOTE:
And it will come to pass, when all these things befall you -- the blessing and the curse which I have set before you -- that you will consider in your heart, among all the nations where the L-rd your G-d has banished you. And you will return to the L-rd your God with all your heart and with all your soul... Then the L-rd your G-d will bring back your exiles... Even if your exiles are at the end of the heavens, the L-rd your G-d will gather you from there... and He will bring you to the land which your forefathers possessed, and you will take possession of it; and He will do good to you, and He will make you more numerous than your forefathers...(Deuteronomy 30:1-5)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Shlach, 4th Portion Numbers 14:26-15:7 with Rashi
• Chapter 14
26. The Lord spoke to Moses and Aaron, saying, כו. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה וְאֶל אַהֲרֹן לֵאמֹר:
27. "How much longer will this evil congregation who are causing to complain against Me [exist]? The complaints of the children of Israel which they caused them to complain against Me, I have heard. כז. עַד מָתַי לָעֵדָה הָרָעָה הַזֹּאת אֲשֶׁר הֵמָּה מַלִּינִים עָלָי אֶת תְּלֻנּוֹת בְּנֵי יִשְׂרָאֵל אֲשֶׁר הֵמָּה מַלִּינִים עָלַי שָׁמָעְתִּי:
this evil congregation: This refers to the spies; [we derive] from here that a congregation numbers [a minimum of] ten. — [Meg. 23b]
לעדה הרעה וגו': אלו המרגלים, מכאן לעדה שהיא עשרה:
who are causing: the Israelites…
אשר המה מלינים: את ישראל עלי:
to complain against Me. The complaints of the children of Israel which they: the spies, caused them to complain against Me, I have heard.
את תלנות בני ישראל אשר המה מלינים: המרגלים מלינים אותם עלי שמעתי:
28. Say to them, 'As I live,' says the Lord, 'if not as you have spoken in My ears, so will I do to you. כח. אֱמֹר אֲלֵהֶם חַי אָנִי נְאֻם יְהֹוָה אִם לֹא כַּאֲשֶׁר דִּבַּרְתֶּם בְּאָזְנָי כֵּן אֶעֱשֶׂה לָכֶם:
As I live: A term denoting an oath. “If not…so will I do” [i.e., if I do not do as you have spoken into My ears] it is as if I do not live, as it were.
חי אני: לשון שבועה:
as you have spoken: that you requested from Me,“or if only we had died in this desert” (verse 2).
אם לא וגו' כן אעשה: כביכול איני חי:
29. In this desert, your corpses shall fall; your entire number, all those from the age of twenty and up, who were counted, because you complained against Me. כט. בַּמִּדְבָּר הַזֶּה יִפְּלוּ פִגְרֵיכֶם וְכָל פְּקֻדֵיכֶם לְכָל מִסְפַּרְכֶם מִבֶּן עֶשְׂרִים שָׁנָה וָמָעְלָה אֲשֶׁר הֲלִינֹתֶם עָלָי:
your entire number, all those…who were counted: All those counted in any census which was numbered, for example going to or returning from war, contributing shekels; all those listed in those tallies will die. They are: All those from the age of twenty and up, excluding the tribe of Levi, who were not counted from the age of twenty [but from the age of one month].
וכל פקדיכם לכל מספרכם: כל הנמנה לכל מספר, שאתם נמנין בו, כגון לצאת ולבא לצבא ולתת שקלים, כל המנויים לכל אותן מספרות ימותו, ואלו הן מבן כ' שנה וגו', להוציא שבטו של לוי שאין פקודיהם מבן עשרים:
30. You shall [not] come into the Land concerning which I raised My hand that you would settle in it, except Caleb the son of Jephunneh and Joshua the son of Nun. ל. אִם אַתֶּם תָּבֹאוּ אֶל הָאָרֶץ אֲשֶׁר נָשָׂאתִי אֶת יָדִי לְשַׁכֵּן אֶתְכֶם בָּהּ כִּי אִם כָּלֵב בֶּן יְפֻנֶּה וִיהוֹשֻׁעַ בִּן נוּן:
31. As for your infants, of whom you said that they will be as spoils, I will bring them [there], and they will come to know the Land which You despised. לא. וְטַפְּכֶם אֲשֶׁר אֲמַרְתֶּם לָבַז יִהְיֶה וְהֵבֵיאתִי אֹתָם וְיָדְעוּ אֶת הָאָרֶץ אֲשֶׁר מְאַסְתֶּם בָּהּ:
32. But as for you, your corpses shall fall in this desert. לב. וּפִגְרֵיכֶם אַתֶּם יִפְּלוּ בַּמִּדְבָּר הַזֶּה:
But as for you, your corpses: As the Targum renders: וּפִגְרֵיכוֹן דִילְכוֹן, and your corpses of yours. Since [in the previous verse] He spoke about bringing the children into the Land, and now He wants to say, But as for you, you shall die, it is appropriate to use the term אַתֶּם [literally “you”].
ופגריכם אתם: כתרגומו לפי שדבר על הבנים להכניסם לארץ ובקש לומר ואתם תמותו, נופל לשון זה כאן לומר אתם:
33. Your children shall wander in the desert for forty years and bear your defection until the last of your corpses has fallen in the desert. לג. וּבְנֵיכֶם יִהְיוּ רֹעִים בַּמִּדְבָּר אַרְבָּעִים שָׁנָה וְנָשְׂאוּ אֶת זְנוּתֵיכֶם עַד תֹּם פִּגְרֵיכֶם בַּמִּדְבָּר:
forty years: Not one of them died before the age of sixty. This is why forty [years] was decreed, so that those who were twenty years old would reach the age of sixty. The first year was included although it preceded the dispatching of the spies. For from the time they made the [golden] calf, this decree had been in [God’s] mind, but He waited until their measure [of wickedness] was filled. This is what is stated, “But on the day I make an accounting”-at the time of the spies-“I shall reckon their sin” (Exod. 32:34). Here too, it says, “you will bear your iniquities” [in the plural, indicating] two iniquities: the [one of the] calf and the [one of] the complaint. In calculating their ages, Scripture considers part of a year like a whole year, and when they their sixtieth year, those who had been twenty years old [now] died. - [Midrash Tanchuma Shelach 13]
ארבעים שנה: לא מת אחד מהם פחות מבן שישים, לכך נגזר ארבעים, כדי שיהיו אותם של בני עשרים מגיעין לכלל ששים. ושנה ראשונה היתה בכלל, ואף על פי שקדמה לשלוח המרגלים, לפי שמשעשו את העגל עלתה גזירה זו במחשבה אלא שהמתין להם עד שתתמלא סאתם, וזהו שנאמר (שמות לב, לד) וביום פקדי, במרגלים, ופקדתי עליהם חטאתם, ואף כאן נא' תשאו את עונותיכם, ולא עונתכם, שתי עונות של עגל ושל תלונה. וחשב להם במנין חייהם מקצת שנה ככולה, וכשנכנסו לשנת ששים מתו אותם של בני עשרים:
and bear your defection: As the Targum renders,“They will endure your guilt.”
ונשאו את זנותיכם: כתרגומו ויקבלון ית חוביכון:
34. According to the number of days which you toured the Land forty days, a day for each year, you will [thus] bear your iniquities for forty years; thus you will come to know My alienation. לד. בְּמִסְפַּר הַיָּמִים אֲשֶׁר תַּרְתֶּם אֶת הָאָרֶץ אַרְבָּעִים יוֹם יוֹם לַשָּׁנָה יוֹם לַשָּׁנָה תִּשְׂאוּ אֶת עֲוֹנֹתֵיכֶם אַרְבָּעִים שָׁנָה וִידַעְתֶּם אֶת תְּנוּאָתִי:
My alienation: Heb. תְּנוּאָתִי, that you alienated your hearts from following Me. [The word] תְּנוּאָה denotes ‘removal,’ as in,“for her father obstructed [in the sense of removed] (הֵנִיא) her” [from her vow] (30:6).
את תנואתי: שהניאותם את לבבכם מאחרי. תנואה לשון הסרה, כמו (במדבר ל, ו) כי הניא אביה אותה:
35. I, the Lord, have spoken if I will not do this to the entire evil congregation who have assembled against me; in this desert they will end, and there they will die. לה. אֲנִי יְהֹוָה דִּבַּרְתִּי אִם לֹא | זֹאת אֶעֱשֶׂה לְכָל הָעֵדָה הָרָעָה הַזֹּאת הַנּוֹעָדִים עָלָי בַּמִּדְבָּר הַזֶּה יִתַּמּוּ וְשָׁם יָמֻתוּ:
36. As for the men whom Moses had sent to scout the Land, who returned and caused the entire congregation to complain against him by spreading [a slanderous] report about the Land" לו. וְהָאֲנָשִׁים אֲשֶׁר שָׁלַח משֶׁה לָתוּר אֶת הָאָרֶץ וַיָּשֻׁבוּ וַיַּלִּינוּ עָלָיו אֶת כָּל הָעֵדָה לְהוֹצִיא דִבָּה עַל הָאָרֶץ:
who returned and caused… to complain against him: When they returned from scouting the Land, they caused the entire congregation to complain against him by spreading slander-those men died. The expression הוֹצָאַת דִבָּה implies instructing to speak, for they ply the tongue of a man to speak about something, as in,“making the lips of the sleeping speak (דּוֹבֵב) ” (Song 7:10). It may be for either good or bad, and that is why it says here (verse 37),“who spread an evil report about the Land” because a ‘report’ (דִבָּה) can [also] be good.
וישבו וילינו עליו: וכששבו מתור הארץ הרעימו עליו את כל העדה בהוצאת דבה אותם אנשים וימותו. כל הוצאת דבה לשון חינוך דברים, שמלקיחים לשונם לאדם לדבר בו, כמו (שה"ש ז, י) דובב שפתי ישנים. וישנה לטובה וישנה לרעה, לכך נאמר כאן מוציאי דבת הארץ רעה, שיש דבה שהיא טובה:
report: Heb. דִבָּה, parleriz or parlediz in Old French, talk, gossip.
דבה: פרלדי"ץ בלע"ז [לשון הרע]:
37. the men who spread an evil report about the Land died in the plague, before the Lord. לז. וַיָּמֻתוּ הָאֲנָשִׁים מוֹצִאֵי דִבַּת הָאָרֶץ רָעָה בַּמַּגֵּפָה לִפְנֵי יְהֹוָה:
in the plague before the Lord: Through that death which was fitting for them-measure for measure; they had sinned with the tongue and now [in retribution] their tongues extended to their navels. Worms came out from their tongues and entered their navels. This is why Scripture says, “in the plague,” rather than “in a plague,” and this is also the meaning of “before the Lord”-in that plague which was fitting for them according to the methods of the Holy One, blessed is He, [namely] that He metes out measure for measure. - [Sotah 35a]
במגפה לפני ה': באותה מיתה ההגונה להם מדה כנגד מדה. הם חטאו בלשון, ונשתרבב לשונם עד טבורם ותולעים יוצאים מלשונם ובאין לתוך טבורם, לכך נאמר במגפה ולא במגפה, וזהו לפני ה', באותה הראויה להם על פי מדותיו של הקב"ה, שהוא מודד מדה כנגד מדה:
38. But Joshua the son of Nun and Caleb the son of Jephunneh remained alive of the men who went to tour the Land. לח. וִיהוֹשֻׁעַ בִּן נוּן וְכָלֵב בֶּן יְפֻנֶּה חָיוּ מִן הָאֲנָשִׁים הָהֵם הַהֹלְכִים לָתוּר אֶת הָאָרֶץ:
But Joshua…and Caleb…remained alive…: What does Scripture mean by saying, “remained alive of the men”? It teaches that they took the spies’ portion in the Land, and replaced them in life, as it were. [B.B. 118b]
ויהושע וכלב חיו וגו': מה תלמוד לומר חיו מן האנשים ההם, אלא מלמד שנטלו חלקם של מרגלים בארץ וקמו תחתיהם לחיים:
39. Moses related all these words to the children of Israel, and the people mourned greatly. לט. וַיְדַבֵּר משֶׁה אֶת הַדְּבָרִים הָאֵלֶּה אֶל כָּל בְּנֵי יִשְׂרָאֵל וַיִּתְאַבְּלוּ הָעָם מְאֹד:
40. They arose early in the morning and ascended to the mountain top, saying, "We are ready to go up to the place of which the Lord spoke, for we have sinned. " מ. וַיַּשְׁכִּמוּ בַבֹּקֶר וַיַּעֲלוּ אֶל רֹאשׁ הָהָר לֵאמֹר הִנֶּנּוּ וְעָלִינוּ אֶל הַמָּקוֹם אֲשֶׁר אָמַר יְהֹוָה כִּי חָטָאנוּ:
to the mountain top: That is the route leading up to the Land of Israel.
אל ראש ההר: והוא הדרך העולה לארץ ישראל:
We are ready to go up to the place: To the Land of Israel.
הננו ועלינו אל המקום: לארץ ישראל:
of which the Lord spoke: to give to us; let us go up there.
אשר אמר ה': לתתה לנו שם נעלה:
for we have sinned: By saying,“Is it not better for us to return to Egypt?” (verse 3).
כי חטאנו: על אשר אמרנו הלא טוב לנו שוב מצרימה:
41. Moses said, "Why do you transgress the word of the Lord? It will not succeed. מא. וַיֹּאמֶר משֶׁה לָמָּה זֶּה אַתֶּם עֹבְרִים אֶת פִּי יְהֹוָה וְהִוא לֹא תִצְלָח:
It will not succeed: What you are doing will not succeed.
והוא לא תצלח: זו שאתם עושין לא תצלח:
42. Do not go up, for the Lord is not among you, [so that] you will not be beaten by your enemies. מב. אַל תַּעֲלוּ כִּי אֵין יְהֹוָה בְּקִרְבְּכֶם וְלֹא תִּנָּגְפוּ לִפְנֵי אֹיְבֵיכֶם:
43. For the Amalekites and the Canaanites are there before you, and you will fall by the sword. For you have turned away from the Lord, and the Lord will not be with you. מג. כִּי הָעֲמָלֵקִי וְהַכְּנַעֲנִי שָׁם לִפְנֵיכֶם וּנְפַלְתֶּם בֶּחָרֶב כִּי עַל כֵּן שַׁבְתֶּם מֵאַחֲרֵי יְהֹוָה וְלֹא יִהְיֶה יְהֹוָה עִמָּכֶם:
For you have turned away: That is to say: This will happen to you because you have turned away etc…
כי על כן שבתם: כלומר כי זאת תבא לכם על אשר שבתם וגו':
44. They defiantly ascended to the mountain top, but the Ark of the Covenant of the Lord and Moses did not move from the camp. מד. וַיַּעְפִּלוּ לַעֲלוֹת אֶל רֹאשׁ הָהָר וַאֲרוֹן בְּרִית יְהֹוָה וּמשֶׁה לֹא מָשׁוּ מִקֶּרֶב הַמַּחֲנֶה:
They defiantly ascended: Heb. וַיַעְפִּלוּ, a term connoting insolence; similarly (Hab. 2:4),“behold, it is insolent (עֻפְּלָה) ,” in old French, engres, a term denoting arrogant boldness. Similarly,“the tower (עֹפֶל) of the daughter of Zion” (Mic. 4:8);“rampart (עֹפֶל) and tower” (Isa. 32:14). The Midrash Tanchuma (Buber Shelach addendum 19) interprets it as a term denoting darkness (אֹפֶל); they [the Israelites] went in darkness, without permission.
ויעפלו: לשון חוזק וכן (חבקוק ב, ד) הנה עפלה. אינגרי"ש בלע"ז [עזי רוח] לשון עזות, וכן (מיכה ד, ח) עופל בת ציון, (ישעיה לב, יד) עופל ובחן. ומדרש תנחומא מפרשו לשון אופל, הלכו חשכים שלא ברשות:
45. The Amalekites and the Canaanites who lived on the mountain came down and smote them and crushed them [pursuing them] until Hormah. מה. וַיֵּרֶד הָעֲמָלֵקִי וְהַכְּנַעֲנִי הַיּשֵׁב בָּהָר הַהוּא וַיַּכּוּם וַיַּכְּתוּם עַד הַחָרְמָה:
and crushed them: Heb. וַיַּכְּתוּם, as in,“and I crushed (וָאֶכּוֹת) it, grinding it” (Deut. 9:21), [implying] blow after blow.
ויכתום: כמו (דברים ט, כא) ואכות אותו טחון, מכה אחר מכה:
until Hormah: The name of the place [which means destruction] commemorates the event which took place there.
עד החרמה: שם המקום נקרא על שם המאורע:
Chapter 15
1. The Lord spoke to Moses saying: א. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
2. Speak to the children of Israel and say to them: When you arrive in the Land of your dwelling place, which I am giving you, ב. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם כִּי תָבֹאוּ אֶל אֶרֶץ מוֹשְׁבֹתֵיכֶם אֲשֶׁר אֲנִי נֹתֵן לָכֶם:
When you arrive: He informed them that they would enter the Land.)
כי תבאו: בשר להם שיכנסו לארץ:
3. and you make a fire offering to the Lord, a burnt offering or a sacrifice [namely a peace offering], for an expressed vow or for a voluntary offering or on your festivals, to provide a pleasing fragrance for the Lord, from the cattle or from the sheep. ג. וַעֲשִׂיתֶם אִשֶּׁה לַיהֹוָה עֹלָה אוֹ זֶבַח לְפַלֵּא נֶדֶר אוֹ בִנְדָבָה אוֹ בְּמֹעֲדֵיכֶם לַעֲשׂוֹת רֵיחַ נִיחֹחַ לַיהֹוָה מִן הַבָּקָר אוֹ מִן הַצֹּאן:
and you make a fire-offering: This is not a command, but [it means that], when you arrive there and you decide to make a fire-offering for the Lord…
ועשיתם אשה: אין זה צווי אלא כשתבאו שם ותעלה על לבבכם לעשות אשה לה':
a pleasing fragrance: That it should afford Me contentment.
ריח ניחח: שיהיה נחת רוח לפני:
for an expressed vow or for a voluntary offering…: Or, you make a fire-offering for the obligatory festival sacrifice, which I required you to make on festivals.
לפלא נדר או בנדבה וגו': או שתעשו האשה בשביל חובת מועדיכם שחייבתי אתכם לעשות במועד:
4. The one who brings his offering to the Lord shall present a meal offering containing one tenth fine flour mixed with a quarter of a hin of oil. ד. וְהִקְרִיב הַמַּקְרִיב קָרְבָּנוֹ לַיהֹוָה מִנְחָה סֹלֶת עִשָּׂרוֹן בָּלוּל בִּרְבִעִית הַהִין שָׁמֶן:
The one who brings his offering…shall present: You shall offer up libations and a meal-offering for each animal. The meal-offering is completely consumed, and the oil is blended into it. The wine is put into basins [from which it runs onto the altar and down to the foundations], as we learned in Tractate Sukkah (48a, b)
והקריב המקריב: תקריבו נסכים ומנחה לכל בהמה המנחה כליל, והשמן נבלל בתוכה, והיין לספלים, כמו ששנינו במסכת סוכה (סוכה מח א):
5. And a quarter of a hin of wine for a libation, you shall prepare with the burnt offering or for the sacrifice, for each lamb. ה. וְיַיִן לַנֶּסֶךְ רְבִיעִית הַהִין תַּעֲשֶׂה עַל הָעֹלָה אוֹ לַזָּבַח לַכֶּבֶשׂ הָאֶחָד:
for each lamb: This relates to everything mentioned above-the meal-offering, the oil and the wine.
לכבש האחד: על כל האמור למעלה הוא מוסב על המנחה ועל השמן ועל היין:
6. Or for a ram, you shall present a meal offering containing two tenths fine flour mixed with a third of a hin of oil. ו. אוֹ לָאַיִל תַּעֲשֶׂה מִנְחָה סֹלֶת שְׁנֵי עֶשְׂרֹנִים בְּלוּלָה בַשֶּׁמֶן שְׁלִשִׁית הַהִין:
Or for a ram: [I.e.,] if [the animal you bring is] a ram. Our Sages expounded [the word] אוֹ,“or” to include the palgas [a sheep in its thirteenth month, which is neither a lamb nor a ram] for the libations of a ram. - [Chullin 23a, see Parah 1:3]
או לאיל: ואם איל הוא. ורבותינו דרשו או לרבות את הפלגס לנסכי איל:
7. And a third of a hin of wine for a libation; you shall offer up, a pleasing fragrance to the Lord. ז. וְיַיִן לַנֶּסֶךְ שְׁלִשִׁית הַהִין תַּקְרִיב רֵיחַ נִיחֹחַ לַיהֹוָה:
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Tehillim: Psalms Chapters 69 - 71
• Chapter 69
1. For the Conductor, on the shoshanim,1 by David.
2. Deliver me, O God, for the waters have reached until my soul!
3. I have sunk in muddy depths without foothold; I have come into deep waters, and the current sweeps me away.
4. I am wearied by my crying, my throat is parched; my eyes pined while waiting for my God.
5. More numerous than the hairs on my head are those who hate me without reason. Mighty are those who would cut me off, those who are my enemies without cause. What I have not stolen, I will then have to return.
6. O God, You know my folly, and my wrongs are not hidden from You.
7. Let not those who hope in You be shamed through me, O my Lord, God of Hosts; let not those who seek You be disgraced through me, O God of Israel,
8. because for Your sake I have borne humiliation, disgrace covers my face.
9. I have become a stranger to my brothers, an alien to my mother's sons,
10. for the envy of Your House has consumed me, and the humiliations of those who scorn You have fallen upon me.
11. And I wept while my soul fasted, and it was a humiliation to me.
12. I made sackcloth my garment, and became a byword for them.
13. Those who sit by the gate speak of me, and [of me] are the songs of drunkards.
14. May my prayer to You, Lord, be at a gracious time; God, in Your abounding kindness, answer me with Your true deliverance.
15. Rescue me from the mire, so that I not sink; let me be saved from my enemies and from deep waters.
16. Let not the current of water sweep me away, nor the deep swallow me; and let not the pit close its mouth over me.
17. Answer me, Lord, for Your kindness is good; according to Your abundant mercies, turn to me.
18. Do not hide Your face from Your servant, for I am in distress-hurry to answer me.
19. Draw near to my soul and liberate it; redeem me, so that my enemies [not feel triumphant].
20. You know my humiliation, my shame, and my disgrace; all my tormentors are before You.
21. Humiliation has broken my heart, and I have become ill. I longed for comfort, but there was none; for consolers, but I did not find.
22. They put gall into my food, and for my thirst they gave me vinegar to drink.
23. Let their table become a trap before them, and [their] serenity, a snare.
24. Let their eyes be darkened so that they cannot see, and let their loins continually falter.
25. Pour Your wrath upon them, and let the fierceness of Your anger overtake them.
26. Let their palace be desolate, let there be no dweller in their tents,
27. for they persecute the one whom You struck, and tell of the pain of Your wounded ones.
28. Add iniquity to their iniquity, and let them not enter into Your righteousness.
29. May they be erased from the Book of Life, and let them not be inscribed with the righteous.
30. But I am poor and in pain; let Your deliverance, O God, streng-then me.
31. I will praise the Name of God with song, I will extol Him with thanksgiving!
32. And it will please the Lord more than [the sacrifice of] a mature bull with horns and hooves.
33. The humble will see it and rejoice; you seekers of God, [see] and your hearts will come alive.
34. For the Lord listens to the needy, and He does not despise His prisoners.
35. Let heaven and earth praise Him, the seas and all that moves within them,
36. for God will deliver Zion and build the cities of Judah, and they will settle there and possess it;
37. and the seed of His servants will inherit it, and those who love His Name will dwell in it.
Chapter 70
David prays that his enemies be shamed and humiliated for their shaming him and reveling in his troubles. Then the righteous will rejoice, and chant songs and praises always.
1. For the Conductor, by David, to remind.
2. O God, [come] to rescue me; O Lord, hurry to my aid.
3. Let those who seek my life be shamed and disgraced; let those who wish me harm retreat and be humiliated.
4. Let those who say, "Aha! Aha!" be turned back in return for their shaming [me].
5. Let all who seek You rejoice and delight in You, and let those who love Your deliverance say always, "May God be exalted!”
6. But I am poor and needy; hurry to me, O God! You are my help and deliverer; O God, do not delay!
Chapter 71
In this awe-inspiring prayer, David speaks of his enemies' desire to kill him, declaring him deserving of death.
1. I have taken refuge in You, O Lord; I will never be shamed.
2. Rescue me and deliver me in Your righteousness; incline Your ear to me and save me.
3. Be for me a sheltering rock, to enter always. You have ordered my salvation, for You are my rock and my fortress.
4. O my God, rescue me from the hand of the wicked, from the palm of the scheming and violent.
5. For You are my hope, O my Lord, God, my security since my youth.
6. I have relied on You from the womb; You drew me from my mother's innards; my praise is of You always.
7. I became an example to the masses, yet You were my mighty refuge.
8. Let my mouth be filled with Your praise, all day long with Your glory.
9. Do not cast me aside in old age; do not forsake me when my strength fails;
10. for my enemies say of me, and those who watch my soul conspire together,
11. saying, "God has forsaken him. Give chase and catch him, for there is no rescuer.”
12. O God, do not distance Yourself from me; my God, hurry to my aid.
13. Let the adversaries of my soul be shamed and consumed; let those who seek my harm be enwrapped in disgrace and humiliation.
14. But as for me, I will always hope; I will add to all Your praises.
15. My mouth will tell of Your righteousness, all day long of Your deliverance, for I do not know their number.
16. I come with the strength of my Lord, God; I mention Your righteousness, Yours alone.
17. O God, You have taught me since my youth, and to this day I tell of Your wonders.
18. Even into old age and hoariness, O God, do not abandon me, until I tell of Your might to the generations, and of Your strength to all who are to come.
19. Your righteousness, O God, reaches the high heavens, for You do great things; O God, who is like You!
20. You, Who has shown me many and grievous troubles, You will revive me again; You will lift me again from the depths of the earth.
21. You will increase my greatness; You will turn and console me.
22. I too1 will thank You on the lyre for Your faithfulness, My God; I will sing to You on the harp, O Holy One of Israel.
23. My lips will rejoice when I sing to you, as well as my soul which You have redeemed.
24. My tongue will also utter Your righteousness all day, for those who seek my harm are shamed and disgraced.
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Tanya: Shaar Hayichud Vehaemunah, beginning of Chapter 4
• Lessons in Tanya
• Today in Tanya
• Wednesday, 13 Sivan 5774 - June 11, 2014
• Shaar Hayichud Vehaemunah, beginning of Chapter 4
Since the Divine activating force responsible for the existence of created things must continuously be present within them, they are completely nullified in their source. This means, as the Alter Rebbe explained in the previous chapter, that in reality they do not “exist”.
Why, then, do we nevertheless perceive created beings as enjoying a tangible “existence”? — Only because we are unable to see or comprehend the Divine utterance that is contained within each created thing and that calls it into being.
The Alter Rebbe illustrated this by considering the sun’s rays. When they are not within their source, the sun, but diffused throughout the expanse of the universe, they are perceived as having independent existence. However, when they are contained within the sun-globe they clearly have no such “existence” at all.
The following question therefore arose: Since created beings, unlike the sun’s rays, must constantly have their source within them, why do we not actually see how they are completely nullified in their source?
In order to answer this question the Alter Rebbe wrote that a certain preface would be necessary — and hence this, the fourth chapter, now elaborates on G‑d’s capacity for tzimtzum, or contraction.
כי הנה כתיב: כי שמש ומגן ה׳ אלקים
It is written,1 “For a sun and a shield is Havayah Elokim.”
Just as the sun gives forth illumination, so too does the Four-Letter Divine Name Havayah provide us with spiritual illumination. Likewise, just as the sun’s shield protects us from the intensity of its rays, so too does G‑d shield us with the Divine Name Elokim.
פירוש מגן הוא נרתק לשמש
“Shield” refers specifically to [that shield which is] a covering for the sun,
להגן שיוכלו הבריות לסבלו
to protect creatures so that they should be able to bear it (i.e., the sun’s heat).
כמאמר רז״ל: לעתיד לבא הקב״ה מוציא חמה מנרתקה, רשעים נדונין בה כו׳
As our Sages, of blessed memory, have said,2 “In time to come (i.e., in the Messianic Era), the Holy One, blessed be He, will take out the sun from its sheath; the wicked will be punished by it...,” as they will be unable to bear the intensity of the sun. The passage goes on to say that the righteous will not only be able to tolerate it: they will actually be healed by it.
וכמו שהנרתק מגין בעד השמש
Now, just as the covering shields the sun, protecting creatures from the intensity of its rays so that benefit may be derived from it,
-כך שם אלקים מגין לשם הויה ברוך הוא
so does the Name Elokim shield the Name Havayah, blessed be He, enabling the created universe to absorb the Divine illumination that emanates from it.
Our opening verse — “For a sun and a shield is Havayah Elokim” — thus means that the Name Havayah illumines like the sun, while the Name Elokim screens its illumination, like the sheath of the sun, enabling its light to be received.
-דשם הויה פירושו שמהוה את הכל מאין ליש
The meaning of the Name Havayah is “that which brings everything into existence ex nihilo.”
The Rebbe notes: “This refers to the [last three letters hei, vav and hei of this Name, which form the word hoveh, the root of the verb which means ‘[to bring into] being.’”
והיו״ד משמשת על הפעולה שהיא בלשון הוה ותמיד
The letter yud, prefixed to the stem הוה, modifies the verb, indicating that the action is present and continuous,
כדפירש רש״י על פסוק: ככה יעשה איוב כל הימים
as Rashi comments on the verse,3 “In this manner was Job (Iyov) accustomed to do (ya‘aseh) all the days.”
Just as here the prefix of the letter yud indicates an ongoing process, so too does the initial yud of the Name Havayah indicate that G‑d creates everything ex nihilo, continuously.
והיינו החיות הנשפע בכל רגע ממש בכל הברואים, ממוצא פי ה׳ ורוחו, ומהוה אותם מאין ליש בכל רגע
This [action] is the life-force which flows at every single instant into all things created, from “that which proceeds from the mouth of G‑d” and “His breath,” and brings them into existence ex nihilo at every moment.
כי לא די להם במה שנבראו בששת ימי בראשית, להיות קיימים בזה, כמו שנתבאר לעיל
For the fact that they were created during the Six Days of Creation is not sufficient for their continued existence, as explained above; they must continuously be recreated.
It is the “sun” of Havayah whose illumination continuously brings creation into being. However, were this illumination to be revealed within created beings, they would be aware of their complete nullification within their source, and we would not see before us created beings. For as explained earlier, when the activating force is perceived the created being is “non-existent”.
This is why the “shield” of Elokim is necessary — in order to conceal from created beings the Divine illumination of Havayah that is within them, and that is responsible for their existence. Only then can they perceive themselves as existing independently of their life-force. And this perception in turn makes it possible for created beings to consider and feel themselves to be tangibly existing, as shall soon be explained.
והנה בסידור שבחיו של הקב״ה כתיב: הגדול הגבור כו׳
In the enumeration of the praises of the Holy One, blessed be He, it is written,4 HaGadol (“the Great”), HaGibor (“the Mighty”), and so on.
ופירוש הגדול היא מדת חסד והתפשטות החיות בכל העולמות וברואים, לאין קץ ותכלית
“HaGadol” refers to the attribute of Chesed (“kindness”) and to the spreading forth of the life-force into all the worlds and created things, without end or limit,
להיות ברואים מאין ליש, וקיימים בחסד חנם
so that they shall be created ex nihilo and exist through gratuitous kindness, for G‑d maintains all creatures, whether they are worthy of His kindness or not.
ונקראת גדולה, כי באה מגדולתו של הקב״ה בכבודו ובעצמו
[The attribute of Chesed] is called Gedulah (“greatness”) for it derives from the greatness of the Holy One, blessed be He, from Himself in all His glory,
כי גדול ה׳ ולגדולתו אין חקר
for5 “G‑d is great... and His greatness is unsearchable,” inasmuch as it is infinite,
ולכן משפיע גם כן חיות והתהוות מאין ליש לעולמות וברואים אין קץ
and therefore, He also causes life-force and existence ex nihilo to issue forth for an unlimited number of worlds and creatures,
שטבע הטוב להטיב
for 6 “it is the nature of the benevolent to do good.”
G‑d’s benevolence thus dictates that there be an infinite number of worlds and creatures who will benefit from His beneficence.
FOOTNOTES
1.Tehillim 84:12.
2.See Nedarim 8b.
3.Iyov 1:5; cf. Rashi on Bereishit 24:45, Shmot 15:1.
4.Liturgy, Amidah prayer; cf. Yoma 69b.
5.Tehillim 145:3.
6.R. Zvi Hirsch Ashkenazi, Chacham Zvi (Responsa), Sec. 18; R. Yosef Irgas, Shomer Emunim, 2:14, quoting kabbalistic sources.
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Rambam:
• Daily Mitzvah P33, N88, N87, N73, N163, N164 - Sefer Hamitzvos:
• Wednesday, 13 Sivan 5774 - June 11, 2014
Positive Commandment 33 (Digest)
The Priestly Garments
"And you shall make holy clothes for Aaron your brother, for honor and for beauty"—Exodus 28:2.
The kohanim (priests) are commanded to don special priestly vestments – four special garments for the regular priest, eight for the high priest – before serving in the Holy Temple.
Though these clothing were stunningly beautiful, inlaid with gold and precious gems, the priest is enjoined not to take personal pleasure from them. Rather he should wear then solely because this is G‑d's command.
The 33rd mitzvah is that the kohanim are commanded to don special garments for dignity and beauty, and only thereafter to serve in the Temple.
The sources of this commandment are G‑d's statements1 (exalted be He), "Make sacred garments for dignity and beauty for your brother Aaron"; "Bring forth his [i.e. Aaron's] sons and dress them with the tunics."
The priestly garments referred to are the eight worn by the kohen gadol and the four worn by a regular kohen. The kohen's service in the Temple is invalid in any case where he did so wearing either fewer or more than the garments designated for him2 for that service.
The kohen who performs the service lacking the proper garments3 receives misah bidei Shamayim (a Heavenly death sentence). Accordingly, we see him listed in the end of tractate Sanhedrin4 among those who receive this punishment.
Scripture does not state this explicitly, but states,5 "You shall dress them with belts [and with hats]...and with this they shall be kohanim." Our Sages explain6 that "As long as the kohanim wear their garments, their priesthood is intact, but when they are not wearing their garments, it is as if they are not kohanim." As we will explain later,7 a non-kohen who serves in the Temple receives a [Divine] death sentence.8
The Sifra says regarding the verse,9 "And he placed upon him the breastplate": "This passage teaches us the law for that time and for all subsequent generations; for the daily service and for Yom Kippur. For the daily service he wears the garments that contain gold, and for the service of Yom Kippur he wears the white [linen] garments."
We can see from the wording of [another passage of] the Sifra that the wearing of these garments is counted as a positive commandment. It states,10 "Which verse teaches us that Aaron should not wear these garments for his own glory, but rather as one who fulfills the king's decree? The verse,11 'And he did exactly as G‑d commanded Moshe.' " This means that although these garments are exquisitely beautiful — made of gold, emeralds, rubies, and other precious stones — his intention should not be to adorn himself, but solely to fulfill the commandment given by G‑d to Moshe, i.e. to constantly wear these garments in the Temple.
The details of this mitzvah are explained in the 2nd chapter of tractate Zevachim,12 and a number of passages in tractates Yoma13 and Sukkah.14
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ex. 28:2; 29:8.
2.See Kapach, 5731, footnote 79, that this refers to the linen garments worn by the kohen gadol. The Rav Kook version omitted the Hebrew word, lo, and Chavel therefore translated, "appointed for that particular service."
3.Or who wears extra garments; see Hilchos Klei HaMikdash 10:5.
4.83b.
5.Ex. 29:9.
6.Sanhedrin, ibid.
7.N74.
8.Therefore a kohen who lacks the proper garments is considered like a non-kohen, and is punishable by death.
9.Lev. 8:8.
10.Sifra on Lev. 8:10.
11.Lev. 16:34.
12.18a.
13.71b.
14.5a.
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Negative Commandment 88 (Digest)
Tearing the Edge of the High Priest's Robe
"It shall have [an opening] like the opening of a coat of armor; it shall not be torn"—Exodus 28:32.
It is forbidden to tear the opening at the top (i.e., the collar) of the high priest's robe. For this reason also this opening was hemmed [so that the threads shouldn't unravel].
The 88th prohibition is that we are forbidden from cutting the head-opening of the kohen gadol's robe. It must remain woven to serve as a border.
The source of this prohibition is G‑d's statement1 (exalted be He), "[It shall have an opening for the head in the middle, and this opening shall have a woven border all around it] like there is around the head opening of a coat of mail. Do not cut it."
One who cuts it with scissors, etc.2 is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ex. 28:32.
2.See Hilchos Klei HaMikdash 9:3. Kesef Mishneh, ibid. Sefer Hadres Panim Zakein.
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Negative Commandment 87 (Digest)
Detaching the High Priest's Breastplate from the Apron
"That the breast plate be not loosed from the apron"—Exodus 28:28.
It is forbidden to detach the high priest's breastplate from his ephod (the inverted apron he wore that covered his back).
The 87th prohibition is that we are forbidden from separating the breastplate [of the kohen gadol] from the ephod.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not separate the breastplate from the ephod" — instead, leave it attached.
In the end of tractate Makkos,2 when listing those who are punished by lashes, our Sages also said, "But there is also one who separates the breastplate, as prohibited by the verse, 'Do not separate the breastplate'!" This proves that one who does separate [the breastplate from the ephod in a destructive manner3] is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ex. 28:28.
2.22a.
3.See Hilchos Klei HaMikdash 9:10.
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Negative Commandment 73 (Digest)
Serving While Inebriated
"Do not drink wine or strong drink...when you enter the Tent of Meeting...and when you teach the children of Israel"—Leviticus 10:8-11.
It is forbidden to enter the Holy Temple or to issue a halachic ruling while inebriated—whether from wine or any other intoxicating beverage.
The 73rd prohibition is that we are forbidden from either entering the Temple grounds or giving a legal decision in any law of the Torah when intoxicated.
The source of this prohibition is G‑d's statement1 (exalted be He), "You [and your descendants] may not drink wine or any other intoxicant when you enter the ohel moed ...or when you render legal decisions for the Jewish people...." In the words of the Talmud,2 "If he drank a revi'is,3 he may not render a decision."
The punishment for violating this commandment varies according to the circumstances. One who drank wine may not enter the area between the entrance hall (ulam) and the altar or into the sanctuary itself (heichal); if he did so, the punishment is lashes. If he performed the Temple service when intoxicated, he receives misah bidei Shamayim (a Heavenly death sentence). If he drank something intoxicating other than wine4 and performed Temple service, his punishment is lashes rather than death. One who offers a legal decision when intoxicated also violates this prohibition, whether he is a kohen or non-kohen; whether intoxicated from wine or some other intoxicant.
The Sifra [states this distinction in punishments]: "From the words 'You may not drink wine' I know only that wine is forbidden. What is the source for prohibiting other intoxicants? It is the word v'sheichar ['or any other intoxicant']. If so, why is wine mentioned separately? [To indicate that it has a different punishment —] for wine one is punished by death, and for other intoxicants it is only a prohibition [punished by lashes]."
There [in the Sifra] our Sages also say, "What is the source for the law that one is punished [by death] only when performing the Temple service? It is the verse,5 'You and your descendants [may not drink wine or any other intoxicant] when you enter the ohel moed [— otherwise you will die.]' "6
There [in the Sifra] our Sages also say, "You might think that non-kohanim are punished by death for rendering legal decisions [when intoxicated] — therefore the verse says that 'You and your descendants...otherwise you will die.' You and your descendants [i.e. kohanim] are punished by death [for performing service], but non-kohanim are not punished by death for rendering legal decisions [while intoxicated]."
The details of this mitzvah are explained in the 4th chapter of tractate Kerisus.7
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 10:9-11.
2.Nazir 78a.
3.Approximately 86 milliliters.
4.See Hilchos Bi'as HaMikdash 1:2.
5.Lev. 10:9.
6.The Sifra adds that this verse shares the phrase, "enter the ohel moed," with the verse regarding a kohen serving in the Temple without washing his hands and feet (Lev. 30:20). Since that verse states specifically, "when he serves," the Sifra derives that here too it is referring to when he performs the Temple service. See P24.
7.13b. In our versions, the 3rd chapter.
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Negative Commandment 163 (Digest)
Priests Entering the Holy Temple with Unkempt Hair
"Do not let the hair of your heads grow long"—Leviticus 10:6.
The kohanim (priests) are enjoined not to enter the Holy Temple while disheveled with unkempt hair, as is the custom of mourners who don't comb and arrange their locks.
According to an alternate version in the Midrash, this prohibition bans a priest from growing [inordinately] long hair.
The high priest is always bound by this prohibition, even when not in the Holy Temple.
The 163rd prohibition is that kohanim are forbidden from entering the Temple grounds with disheveled [long] hair like those in mourning, who do not set or arrange their hair.
The source of this prohibition is G‑d's statement1 (exalted be He) [to Aaron and his sons,] "Your heads al tif'rau." The Targum translates, "Do not grow your hair." In Ezekiel,2 this is further explained — "Do not allow your hair to grow long."
So too, G‑d's statement3 (exalted be He), regarding the leper, "His head shall be farua," is explained in Sifra, "he must grow his hair."4
The Sifra [explains our mitzvah in the same way], "The phrase, 'Your heads al tif'rau,' refers to not growing it long."
This prohibition is repeated regarding the kohen gadol in the verse,5 "He may not allow his hair to grow long." The reason for this repetition is so one would not think that the commandment to Elazar and Isamar,6 "Do not grow your hair long" ("Your heads al tif'rau") was only because of the death [of their brothers Nadav and Avihu, and that growing their hair was prohibited because otherwise people would think they were mourning]; but if one did so without mourning, then it is allowed. Therefore it explains regarding the kohen gadol that his hair must be cut for the Temple service [even when he is not mourning].
One who transgresses this prohibition and performs the service with long hair is punished by a [Divine] death sentence. Those [who perform the service] with long hair are listed7 among, "these are punished by death," the source being the verse,8 "otherwise you will die."
If, however, one enters the Temple grounds with long hair without performing any service, he transgresses this prohibition but is not punished by death.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 10:6.
2.44:20.
3.Lev. 13:45.
4.Although there the mitzvah is the opposite, i.e. to grow the hair, we nevertheless can learn the meaning of the word, farua.
5.Lev. 21:10.
6.Ibid., 10:6.
7.See Tosefta, Kerisus, Ch.1 and Zevachim Ch.12; Sanhedrin 83a.
8.Lev. 10:6.
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Negative Commandment 164 (Digest)
Priests Entering the Holy Temple Clad in Torn Clothes
"Neither rend your clothes, and you shall not die"—Leviticus 10:6.
The kohanim (priests) are enjoined not to enter the Holy Temple with torn garments [as is the custom of mourners].
The high priest is always bound by this prohibition, even when not in the Holy Temple.
The 164th prohibition is that kohanim are forbidden from entering the Temple grounds when their garments are torn.
The source of this prohibition is G‑d's statement,1 "Your garments lo sifromu; otherwise you will die." The Sifra explains, "The phrase, 'Your garments lo sifromu,' means 'Do not tear your garments.' "
This commandment is also repeated regarding the kohen gadol in the verse,2 "He may not tear his garments."
You should be aware that the kohen gadol may not tear his clothing in mourning [as others do] even when not performing the Temple service. This is the reason for the repetition. The Sifra says,3 "If his relative dies, 'he may not grow his hair long and he may not tear his garments,' i.e. in the same way that others grow their hair and tear their clothing when one of their relatives dies. How [is the tearing done]? The kohen gadol tears from the bottom [of the garment] and a regular kohen from the top [as is regularly done]."
One who performs the Temple service with torn garments is punished by a [Divine] death sentence, since the same law applies to both long hair and torn garments. [Therefore,] if one enters the Temple grounds in this condition, he [merely] transgresses a prohibition [but is not punished by death].
Only the kohen gadol is forbidden from growing his hair long and tearing his garments at all times, even without entering the Temple grounds. In this law, this is the difference between him and a regular kohen.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ibid.
2.Ibid., 21:10.
3.Emor 2:3.
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Rambam:• 1 Chapter: Shechenim Shechenim - Chapter Three
Shechenim - Chapter Three
Halacha 1
When a wall that separates between two partners falls, each of the partners may compel the other to share in its construction until it reaches the height of four cubits, so that they will not see each other. We do not, however, compel a partner to build it any higher than four cubits.
The following rule applies if one of the partners takes the initiative and builds the wall higher than four cubits. If the other colleague comes and builds another wall of his as high as the wall between them, we obligate that partner to pay his share in the additional height that is opposite his wall.
What is implied? One person built a wall between himself and another partner and elevated it to a height of ten cubits. Afterwards, the other partner came and built another wall opposite it or at its side for the sake of making a room, and built that wall six cubits high. We obligate him to pay his share in the two cubits that were added to the minimum of four cubits. For it is obvious that he desired them.
Similarly, if he hewed out a place on the top of the wall between them to place beams or affixed permanently there a large beam on which the others rest, we obligate him to pay his share in the entire six cubits that his colleague added to the minimum of four cubits, although he did not build the entire wall. For he revealed his intent, that he desired the entire height of the wall.
Halacha 2
The following rule applies when one of the partners builds a wall four cubits high that separates between his property and his colleague's property and demands that his colleague pay his share of the costs. If the other colleague claims to have paid his share, we assume that he paid. He is required to take a sh'vuat hesset that he paid, and he is then under no further obligation unless the plaintiff brings proof that he did not pay.
If, however, one partner demands of the other that he pay his share in the portion of the wall that he added above the minimum four cubits, because he built next to it or opposite it, and that partner claims to have paid, his statements are not believed. Instead, the plaintiff is given the option of taking an oath while holding a sacred article, that the defendant did not pay him. He may then expropriate the money, as is the case with regard to all those who take oaths and collect, unless the defendant brings proof that he paid him.
Halacha 3
The following rules apply when a person owns one ruin in the midst of several ruins belonging to a colleague. Although the colleague builds a divider on one side of the owner's ruin, and then on a second side, and then on a third side, and thus the ruin is enclosed from three sides, we do not obligate the owner to pay any of the costs. For the construction is of no benefit to him, since his ruin is still open to the public domain as it was before.
Therefore, if the builder also encloses the fourth side for him, and thus the owner's ruin is totally enclosed by a partition, we require him to pay his share in the entire amount. He must pay half the costs that his colleague undertook in building the divider four cubits high around all four sides. This applies provided the place of the wall belongs to both of them.
Halacha 4
If, however, the builder constructs the wall on his own property, it appears to me that the owner is charged only a small amount, as the judges see fit, because he does not have the right to use the walls.
If the person whose property was enclosed himself encloses the fourth side, he has revealed his consent and he must pay half the cost of the other three sides if the wall belongs to both of them. Similar principles apply in all analogous situations.
Halacha 5
Principles similar to those that govern walls dividing courtyards apply to the construction of guard rails on roofs. If there are two houses situated next to each other, and their roofs are fit for use, one owner should make a guard rail for the half of the roof where he dwells, and the other should make a guard rail for the half of the roof where he dwells. They should extend the partitions beyond the midpoint, so that they will not see each other.
This applies even if the houses are built on two sides of the public domain. Although the people from the public domain can see the person on his roof, each one can tell his colleague: "The people in the public domain see me only during the day, when I stand on my roof. You, by contrast, see me at all times."
Halacha 6
When a person's roof is close to a courtyard belonging to a neighbor, he should build a guard rail four cubits high.
Between one roof and another, however, four cubits are not necessary. For people do not live on the roofs, and there is no concept of invasion of privacy. One must, nevertheless, make a divider ten handbreadths high between one roof and another to make a distinction, so that if one enters the other's property, it will be obvious that he is like a thief
Halacha 7
When there are two courtyards, and one is situated above the other, the owner of the upper courtyard may not say: "I will build from my level and higher." Instead, both of them must share in the building from below upward, and the owner of the upper courtyard must build from his level and higher alone.
If a person's courtyard was higher than the roof belonging to a colleague, the owner of the higher property need not be concerned with the lower property at all.
Halacha 8
When a wall belonging to a person that was located next to a garden belonging to a colleague falls, we compel the owner of the wall to remove his stones. If the owner of the wall tells the owner of the garden: "See, it came to you; they are yours," we do not heed him.
If, however, the owner of the garden desired the stones and agreed, saying "yes, " when he removes them, he acquires them. The owner of the wall may not retract. Even if he tells the owner of the garden: "Here is the money for your costs; let me take my stones, " we do not heed him. If, however, the owner of the garden did not remove the stones, he does not acquire them. We assume that the owner of the wall made the statement only to procrastinate.
Halacha 9
The following laws apply when there are five gardens that derive water from one spring, and the spring becomes impaired. All the owners of the gardens must share in the repairs made by the owner of the first garden.Thus the owner of the lowest garden must share in the repairs undertaken by all the others, but must make any repairs necessary in his own domain by himself. The owner of the first garden, by contrast, does not share in the repairs of the second, nor in any of those that are below him.
Similar laws apply when the inhabitants of five courtyards pour water into one drain, and the drain becomes damaged. All the inhabitants of the courtyards share in the repairs of the lower one. Thus, the inhabitants of the highest courtyard must share in the repairs undertaken by all the others, but must make any repairs necessary in his own domain by himself. The inhabitants of the lowest courtyard, by contrast, do not share in the repairs of the second, nor in any of those that are above it.
Halacha 10
People with properties adjacent to a river irrigate their fields with water from the river should do so in the sequence in which their properties are situated.
If one of the owners desired to dam up the river so that the water would flow through his property first, and only afterwards would he open it, and another owner wants the river to remain open so that his property will be irrigated first, whoever overcomes the other prevails.
When a cistern is close to an irrigation ditch, it can be filled first as an expression of "the ways of peace."
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Rambam:
• 3 Chapters: Kli Hamikdash Kli Hamikdash - Chapter 9, Kli Hamikdash Kli Hamikdash - Chapter 10, Biat Hamikdash Biat Hamikdash - Chapter 1
Kli Hamikdash - Chapter 9
Halacha 1
How is the forehead plate made? We make a plate of gold two fingerbreadths1 wide that extends [over the forehead of the High Priest] from one ear to the other. Upon it is written, קדש לה'ה2 in two lines, קדש on the lower line and לה'ה on the upper line.3 If [the words] were written on one line it was valid. There were times when they were written on one line.4
Halacha 2
The letters would project outward. How was this done? [A craftsman] would engrave the letters on the back of the plate5 while it was pressed to beeswax6 until they project.
It had holes on each of its ends. There was a strand of sky-blue wool below it that ran from hole to hole so that it could be tied with this strand at the nape [of the neck].7
Halacha 3
The cloak was made entirely of sky-blue colored wool.8 Its strands were twelve-fold. Its opening was woven, and that is where its weave began.9 It did not have an opening for his arms.10 Instead, it was divided into two flaps from below the throat and downward like all cloaks.11 It is joined only directly below the throat.
One who tears the border of the opening of the cloak is liable for lashes, as [Exodus 28:32] states: "It shall not be torn."12 This applies to all the priestly garments. One who tears them with a destructive intent is liable for lashes.13
Halacha 4
He should then bring sky-blue wool, red wool, and scarlet wool, the strands of each of these spun eight-fold. [This is necessary,] because [Exodus 39:24] states that [the pomegrantes on the cloak's] hem [should be made from strands that are] "twisted."14Thus there are twenty four threads used for the hem of the cloak.15 They should be fashioned into shapes resembling pomegranates whose mouths are not open16and hung from the cloak. He brings 72 cups with 72 clappers that are made entirely of gold and suspends them from the hems, 36 from the hem of one flap and 36 from the hem of the other flap.17 The cup with the clapper hanging in it are together called a bell. From the hems on both sides of [the flaps of the cloak are suspended series of] bells and pomegranates, bells and pomegranates.
Halacha 5
The gold that is woven in the ephod and the breastplate which is mentioned in the Torah18 was made in the following manner. A strand of pure gold was taken and placed together with six strands of sky-blue wool and [then] the seven strands were spun as one. He would do the same with one strand of gold and six of red wool, with one strand [of gold] with six of scarlet wool, and with one strand of gold with six of linen. Thus there would be four strands of gold and there would be a total of 28 strands.19
[This is reflected by Exodus 39:3]: "And they hammered out thin sheets of gold [and cut strands] to fashion into the sky-blue wool, into the red wool, into the scarlet wool, and into the linen." This teaches that there was a strand of gold woven in them.
Halacha 6
How was the breastplate made? He would weave a garment that was a work of craft20 from gold, sky-blue wool, red wool, scarlet, linen, with 28 strands, as we explained.21 It is a cubit long and zeret22 wide and it should be folded into two.23 Thus it was a square a zeret long and a zeret wide.24In it should be affixed four rows of stones as described by the Torah.25 Each stone should be square and set in a setting of gold that encompasses it from below and from the four directions.26
Halacha 7
He should engrave on the stones the names of the tribes according to their order of birth. Thus on the ruby, the name Reuben is engraved and on the jasper,27 Benjamin is engraved. At the outset, above Reuben,28 he should write [the names] Abraham, Isaac, and Jacob and below Benjamin,29 he should write, שבטי יה30 so that all the letters are found there.
Halacha 8
Four golden rings are made on the four corners of the breastplate. In the two upper rings from which the breastplate is suspended, two golden cords are placed.31 They are called chains. In the two lower rings that are opposite [the High Priest's] breast32 are placed two cords of sky-blue wool.33
Halacha 9
The width of the ephod is the width of a person's back from shoulder to shoulder. Its length extend from one's elbows to his feet. It has two bands extending from it on either side34 with which it is fastened. They are called the belt of the ephod. The entire garment is woven with gold, sky-blue wool, red wool, scarlet wool, and linen with 28 threads as described with regard to the breastplate.35He should sew36 to it two shoulder straps so that it will extend to [High] Priest's shoulder. He should affix to each shoulder a square37 sardonyx stone38 set in a setting of gold. The names of the tribes should be engraved on the two stones, six on one stone and six on the other39 according to the order of their birth.40 Joseph's name would be written as יהוסף.41 Thus there would be 25 letters on one stone and 25 letters on the other stone. They would be written in this manner.42
The stone on which Reuven's name was written was placed on his right shoulder and the stone on which Shimon's name was written was placed on his left shoulder. On each shoulder, he should make two rings: one above, one the top of the shoulder and one below the shoulder above the belt. The two golden cords should be placed in the the two upper rings, they are called chains.43 This is the form of the ephod.44
Halacha 10
Afterwards, he places the ends of the cords of the breastplate in the upper rings that are on the shoulders of the ephod and he should place the two strands of sky-blue wool that are on the hem of the breastplate45 into the rings that are above the belt of the ephod. The chains that are in the rings on the shoulders of the ephod should descend until they reach the upper rings of the breastplate so that they will cleave to each other and thus the breastplate will not be separate from the ephod.46Anyone who separates the breastplate from the ephod and disrupts their connection47with a destructive intent48 is worthy of lashes.49
Halacha 11
Thus when he wears the ephod together with the breastplate, the breastplate will be flat over his heart and the ephod will be behind him. The belt of the ephod is tied over his heart50 below the breastplate. The two shoulders of the ephod lie on his two shoulders. The two cords of gold extend down from his shoulders on either side from the shoulders of ephod to the rings of the breastplate. The two strands of sky-blue wool are tied below his elbows from the two lower rings of the breastplate to the two lower rings of the shoulders of the ephod which are above the belt.
FOOTNOTES
1.A fingerbreadth is about 2 cm according to Shiurei Torah. There is no measure according to Scriptural Law. The Rabbis chose a measure of two fingerbreadths, because this is the ordinary width of a High Priest's forehead.
2."Sanctified unto God."
3.The standard published text of Sukkah 5a states that God's name should be on the upper line and קדש on the lower line. Apparently, the Rambam's text of the Gemara followed a different version. Alternatively, the Rambam favored the Jerusalem Talmud (Yoma 4:1) which follows the version stated. There it is explained that although the wording is opposite that of the verse, it is like a king (God's name) sitting on his throne (the word "sanctified").
4.Shabbat 63b and Sukkah 5a quote Rabbi Eliezar bar Yossi as saying: "I saw it in Rome (where it had been taken after the Temple's destruction) and the words קדש לה'ה were written in one line."
Likutei Sichot, Vol. 26, p. 200ff., explains that the fact that despite Rabbi Eliezar's testimony, the halachah is that the words should be written in two lines indicates that our Sages had received orally the tradition that this was the acceptable way of preparing the forehead plate. Accordingly, we must say that the reason the second view is accepted is not because of Rabbi Eliezar's testimony, but because there was an oral tradition that it was acceptable.
5.Exodus 39:30 states: "They engraved on it writing, [like that of] a signet ring." Now the letters of a signet ring project outward and so it was required that the letters of the forehead plate project outward. On the other hand, since the verse mentions writing, the letters could not be made using a mold (Kessef Mishneh; this rebuts the Ra'avad's objection). See Gittin 20a.
6.Beeswax was used so that it would be firm enough to support the gold and prevent it from being pierced, but flexible enough to allow it to be shaped.
7.The Ra'avad (following the line of thinking found in Rashi's commentary to the Torah) states that there was a third hole in the center of the forehead plate and a strand extending from it over the High Priest's head. This would prevent the plate from slipping down. The Rambam (and his view is supported by the Ramban in his commentary to the Torah) maintains that only two holes were made. Apparently, the plate was held in place by the pressure generated by tying it tightly.
8.As stated in Exodus 39:22.
9.As ibid. 28:32 states: "Its opening for the head shall be folded over within it. Its opening shall have a border of weaver's work."
10.The Ra'avad questions the Rambam's source for this statement. In his commentary to the Torah, the Ramban also questions the Rambam's view. The Radbaz explains that were it to have had an opening for the High Priest's arms, there would have been no difference between it and the tunic.
11.It did not surround the High Priest on all sides, but instead hung down over the front and back of his body, with openings on either side. Here also, the Ra'avad objects to the Rambam's understanding and the Ramban supports it.
According to the Rambam's conception, the cloak bore somewhat of a resemblance to the garments worn today as a tallit kattan (except that it was much longer than those garment). Indeed, for that reason, the Radbaz questions why there was no obligation to attach tzitzit to it. He explains that since the neck portion of the garment did not extend over the High Priests' shoulders, it is not considered as a four-cornered garment.
12.Sefer HaMitzvot (negative commandment 88) and Sefer HaChinuch (mitzvah 101) includes this prohibition among the 613 mitzvot of the Torah.
13.If, however, he tears them with an intent to mend the article, no prohibition is involved (Radbaz).
14.And as stated in Chapter 8, Halachah 14, that term implies a strand made up of eight threads.
15.Eight threads from each type of fabric.
16.Pomegranates have a crown-like bud on their top and these spheres would not.
17.See Exodus 28:33-34.
18.Ibid.:5, 15; 39:2, 8.
19.I.e., four times seven.
20.The design embroidered on it could be seen from both sides.
21.In the previous halachah.
22.Half a cubit.
23.Note the comments of the Radbaz who infers that according to the Rambam, the breastplate would be woven while elongated and then folded. Others maintain that it should be sewn folded at the outset.
Between the folds of the breastplate were placed the Urim and Tumim. See Chapter 10, Halachah 10, for a description of them.
24.As stated in ibid. 28:15-16.
25.Ibid. 28:17-20: 39:10-13.
26.As will be explained in the notes to Chapter 10, halachah 10, according to the Rambam, the stones of the breastplate were called the Urim and Tumim and, in the First Temple era, served as oracles.
27.Our translation is based on R. Aryeh Kaplan's Living Torah. There are some other renditions of this term.
28.On the ruby itself (Shmot Rabbah, the conclusion of sec. 38). Rav Avraham, the Rambam's son writes that these inscriptions were made with smaller letters so that all the names would fit on the stone. The Radbaz suggests that they were embroidered into the breastplate.
29.On the jasper itself (ibid.).
30."The tribes of God." According to Yoma 73b and other sources, the inscription was "the tribes of Jeshuron." The Jerusalem Talmud states that the inscription was "the tribes of Israel."
31.See Exodus 28:22-24. These golden cords extend from the ephod and secure the breastplate from above as explained in the following halachot.
32.For the breastplate is placed above the heart (ibid.:30).
33.To secure the breastplate to the ephod from below, as stated in Halachah 11.
34.As Exodus 25:8 states, the belt was made in the same manner as the ephod itself.
35.See Halachah 5.
36.In contrast to the other priestly garments which are woven, these shoulder straps are sewn to the ephod.
37.Kiryat Sefer suggests that the stones were rectangular rather than square, for otherwise it would be difficult to fit six lines on a square stone.
38.A crypto-crystalline quartz, related to agate with alternating red and white bands. Here also, our translation is based on R. Aryeh Kaplan's Living Torah. There are some other renditions of this term.
39.In this way, he can fulfill the charge (Exodus 28:12): "Aaron shall carry their names on his shoulders before God as a remembrance."
40.The order the Rambam chooses - as reflected in the accompanying drawing [which is also included in his commentary to the Mishnah (Yoma 7:5)] - has attracted the attention of the commentaries. Although it follows the simple meaning of the verse, there is a difference of opinion concerning this matter in Sotah 36a-b and the Rambam's view does not follow either of the opinions mentioned there. The Kessef Mishneh, however, offers a resolution that enables the Rambam's understanding to conform to the Talmud's text.
41.Psalms 81:1 writes Joseph's name in this manner. The Radbaz states that the extra letter was added to Joseph's name, because he was a king, and it was appropriate to include the first three letters of God's name in his name.
42.The accompanying drawing is a copy of one included in the Mishneh Torah by the Rambam himself.
43.These are the same chains described in Halachah 8.
44.The accompanying drawing was copied from drawings by the Rambam that were included in the original manuscripts of the Mishneh Torah.
45.See Halachah 8.
46.Since the breastplate is tied firmly from above and from below, it will not be separated from the ephod.
47.The Radbaz implies from this wording that even if the two are not separated entirely, as long as they are moved slightly, the prohibition applies.
48.If, however, his intent is to readjust their connection, there is no prohibition against separating them.
49.Sefer HaMitzvot (negative commandment 87) and Sefer HaChinuch (mitzvah 100) include the prohibition against separating the breastplate from the ephod among the 613 mitzvot of the Torah.
50.The Ra'avad differs with the Rambam and maintains that the belt of the ephod was tied below the High Priest's waist. The Radbaz explains that the belt is to be positioned below the breastplate on the same level as its top. The breastplate should lie on the High Priest's heart. Nevertheless, he also explains that the Rambam's wording has to be clarified, because as stated in the following chapter (Halachot 1-2), the sash is tied over the High Priest's heart. The Radbaz therefore suggests that the sash was tied over the upper portion of the heart and the belt of the ephod slightly lower.
Kli Hamikdash - Chapter 10
Halacha 1
What is the order in which the priestly garments should be put on? [The priest] should put on the leggings first,1 tying them above his navel, over his loins. Afterwards, he puts on the tunic and then puts on the sash at elbow height. He should wind it fold after fold2 until it ends and then tie it.
Halacha 2
With regard to the sash, [where it should be placed can be understood from] the received tradition. [Ezekiel 44:18] states: "They shall not gird themselves bayeza, [interpreted3 to mean] "in a place where one perspires."4 Yonason, the son of Uziel,5 received the same tradition from the prophets6 and translated the phrase: "They will gird themselves over the heart."7
Afterwards, he should arrange the headpiece as a hat.8
Halacha 3
After the High Priest girds himself with the sash,9 he puts on the cloak, and on the cloak, the ephod and the breastplate. He girds himself with the belt of the ephod over the cloak, below the breastplate. Therefore [the cloak] is called "the cloak of the ephod,"10 the cloak that is girded closed with the ephod.
Afterwards, he winds the headgear like a turban. He ties the forehead plate [behind his head,] above the turban.11 His hair was visible between the forehead plate and the turban and it is in that place that he would wear his tefillin between the forehead plate and the turban.12
Halacha 4
It is a positive commandment to make these garments and for the priests to serve in them,13 as [Exodus 28:2] states: "And you shall make holy garments,"14 and [ibid. 29:8] states: "And drew near his sons and dress them in tunics."15
When a High Priest serves with less than these eight garments or an ordinary priest serves with less than these four garments, he is called lacking garments. His service is invalid and he is liable for death at the hand of Heaven, like a non-priest who serves. [This is indicated by ibid.:9 which states:] "And you shall gird them with a sash... and their priesthood shall be for them...." [Implied is that] when their garments are upon them, their priesthood is upon them. [Conversely,] if their garments are not upon them, they are like non-priests, concerning whom [Numbers 1:51] states: "A non-priest who draws close [to the service of the Sanctuary] shall die."16
Halacha 5
Just like a priest who is lacking garments is liable to die and invalidates the service he performs, so too, one who wears extra garments17 - e.g., he wears two tunics, two sashes, or an ordinary priest who wears the garments of the High Priest and performs service - profanes his service and is liable for death at the hand of Heaven.18
Halacha 6
It is said with regard to the priestly garments:19 "on his flesh and he shall wear them." [Implied is that] nothing should intervene between his flesh and the garments. Even if there is one thread, earth, or a dead louse between his flesh and the [priestly] garment, it is considered an intervening substance and his service is invalid. Therefore a priest cannot serve [in the Temple wearing] his arm tefillin, because they intervene. The head tefillin, by contrast, do not intervene20 and if he desires to wear them at the time of his Temple service, he may.21
Halacha 7
[A priest] must be careful at the time that he puts on [the priestly garments] that there be no dust, nor a louse - even if it is alive - between his flesh and the garment. Nor should air enter between his flesh and his garment during the time of service so that the garment will become distant from his flesh. He should not place his hand in his bosom under his tunic. He should not remove his hair from the garment, nor should there be a strand hanging loose from the garment. [Although] one these factors occurs, his service is acceptable.22
Halacha 8
[The following rules apply if a priest] wrapped a cloth on his flesh in a place [untouched by the priestly] garments, e.g., he wrapped it on his finger or on his heel. If it is three fingerbreadths by three fingerbreadths,23 it is considered as an intervening substance and it invalidates [the service]. If it is smaller than that, it is not considered as an intervening substance.24
A small belt, since it is considered as an independent garment, invalidates [one's service] even if it is not three fingerbreadths by three fingerbreadths in area.
Halacha 9
When the finger of a priest is wounded, he is permitted to tie a reed or a cloth that is not three fingerbreadths by three fingerbreadths around it on the Sabbath and perform his service.25 If he intends to release blood, it is forbidden.26 [Leniency is granted,] provided the reed or the cloth does not intervene between his flesh and a sacred utensil27 at the time of service.28
Halacha 10
In the Second Temple,29 they made the Urim and the Tumim30 to complete the eight garments [of the High Priest]31 even though inquiry was not made of them. Why was inquiry not made of them? Because the Holy Spirit32 was not vested there.33 And whenever a priest does not speak with the Holy Spirit and the Divine Presence does not rest there, inquiry is not made.
Halacha 11
How was inquiry made?34 The [High] priest would stand facing the Ark. The person making inquiry was behind him, facing the [High] Priest's back. The inquirer would ask: "Should I go up [to war] or not?" He would not ask in a loud voice, nor would he merely think about the matter in his heart. Instead, [he would speak] in a low voice, like someone praying to himself.35 Immediately, the Holy Spirit will enclothe the [High] Priest. He will look at the breastplate and with the spirit of prophecy see "Go up" or "Do not go up" written in letters emerging from the breastplate toward his face. The [High] Priest would then answer [the inquirer], telling him: "Go up" or "Do not go up."
Halacha 12
Two matters should not be asked about at once. If they are, one replies only to the first. Inquiry should not be made [of the Urim and Tumim] by an ordinary person, only by a king, the court, or one who the community at large requires. [This is derived from Numbers 27:21:] "Before Elazar the priest shall he stand... [he and all the children of Israel with him, and the entire congregation]." "He" refers to the king;36 "all the children of Israel" to the priest anointed to lead the people in war,37 or someone whom the people need to make inquiry for them; and "all the congregation" refers to the High Court.
Halacha 13
The statements found in the words of the prophets38 that the priests would wear an ephod of linen does not mean that they were High Priests. For the High Priest's ephod was not of linen [alone].39 For the Levites would also wear such a garment, for the prophet Samuel was a Levite, and [I Samuel 2:18] describes him as "a youth, girded with a linen ephod." Instead, this ephod was worn by the students of the prophets40 and those who were fit to have the Holy Spirit rest upon them to make it known that such a person reached a rung equivalent to that of the High Priest who speaks with the Holy Spirit via the medium of the ephod and the breastplate.
Blessed be the Merciful One Who grants assistance.
FOOTNOTES
1.From Leviticus 6:2, one might presume that the tunic is put on first, because it states: "And the priest shall put his fitted [tunic] and he shall put on linen leggings." Nevertheless, through the process of Biblical exegesis, Yoma 23b derives that nothing should be put on before the leggings.
2.The sash was 32 cubits long, so that it will obviously be wound around him several times.
3.By Zevachim 18b.
4.I.e., a place like the armpits or loins where flesh covers flesh leading to perspiration.
5.A renowned student of the Sage Hillel, who translated the Tanach into Aramaic.
6.See Megilah 3a which ascribes this translation to the prophets Chaggai, Zechariah, and Malachi who accompanied the Jews back from the Babylonian exile to Jerusalem.
7.At elbow height.
8.See Chapter 8, Halachah 2. The order in which the ordinary priests put on the priestly garments is taken from Leviticus 8:13.
9.I.e., he puts on the first three garments in the same manner as an ordinary priest does.
10.Exodus 28:31.
11.The bracketed inclusion is necessary, because in front of his head, the turban was above the forehead plate, as the Rambam proceeds to state. The order in which the High Priest put on his priestly garments is taken from Leviticus 8:7-9.
12.See Halachah 6.
13.Sefer HaMitzvot (positive commandment 33) and Sefer HaChinuch (mitzvah 99) includes this commandment among the 613 mitzvot of the Torah. The wording in Sefer Hamitzvot implies that the fundamental mitzvah is for the priests to wear these garments for their Temple service. Making the garments is merely a preparatory phase that enables that mitzvah to be fulfilled.
14.This refers to the garments of the High Priest.
15.This refers to the clothes of an ordinary priest.
16.See Hilchot Bi'at HaMikdash 9:1.
17.From the Rambam's Commentary to the Mishnah (Zevachim 2:1), it appears that wearing any extra garment, not only an extra priestly garment, causes one to be liable.
18.We see this concept in several other contexts. When there is an extra entity, it is as if it and the entity that is required to be present is lacking. See Hilchot Shechitah 6:2.
19.The Rambam is not quoting a verse exactly. Similar phrase exist in Leviticus 6:3 and 16:4.
20.See Halachah 3.
21.One can infer that he is not obligated to wear tefillin. We apply the principle: One who is occupied in the observance of a mitzvah - the priestly service - is exempt from another mitzvah, wearing tefillin.
The tefillin are not considered as an extra garment, because tefillin are not considered a garment (Kessef Mishneh).
22.Zevachim 19a questions whether these situations are acceptable and does not arrive at a conclusion. Accordingly, the Rambam rules that as an initial preference, one should be concerned with these matters, but the difficulty is not great enough to disqualify the service. For unless the Torah or our Sages explicitly ruled that a sacrifice is unacceptable, one cannot bring another one in its place for it is possible that one will be committing the transgression of slaughtering an ordinary animal in the Temple Courtyard (see Hilchot Shechitah 2:3). The slaughter of the animal might be placed in that category, because one is bringing it as a sacrifice under the conception that he is obligated to do so, when in fact that might not be so.
The Kessef Mishneh states that one may not bring a sacrifice and make a conditional stipulation: "If the previous sacrifice was unacceptable, may this be considered as my obligation and if the previous sacrifice was acceptable, this is a freewill offering." There are some sacrifices - e.g., sin offerings, guilt offerings, and communal offerings - where such a stipulation cannot be made. Hence, our Sages enforced uniformity and prevented conditional offerings in these instances.
23.The minimum size of a garment (see Hilchot Keilim 22:12; 23:7; et al).
24.It is too small to be considered as entity of consequence.
25.Since he is not tying a permanent not, there is no prohibition against tying. Nor is there a prohibition against performing an act of healing on the Sabbath (as is prohibited in certain instances), because such prohibitions were not applied in the Temple.
26.For this is a transgression of the Sabbath laws and it does not aid the Temple service (Rashi, Eruvin 103b).
27.See Hilchot Bi'at HaMikdash 5:17.
28.For in this instance, even if the article is not significant, an interposition invalidates the service. The Ra'avad objects to the Rambam's ruling, claiming that it is a contradiction to his ruling in the previous halachah. The Kessef Mishneh justifies the Rambam's position, explaining that in the previous halachah, the garment was not considered a garment because of its size. Nevertheless, that does not mean that it is not considered an interposition. As long as it intervenes, it disqualifies service regardless of its size.
29.Kiddushin 31a relates that the Sages sought to purchase the stones for the High Priest's breastplate in the era of the Second Temple.
30.As mentioned in the notes to Hilchot Beit HaBechirah 4:1, the Kessef Mishneh explains that the Rambam considers the term Urim and Tumim as referring to the stones of the High Priest's breastplate. See also the Rambam's Commentary to the Mishnah (Sotah 9:20. The Ra'avad and others differ and interpret it as referring to the script of mystic names of God that were placed in the folds of breastplate.
31.For the stones were an integral part of the structure of the breastplate.
32.The spirit of prophecy.
33.Yoma 21b explains that this is one of the five differences between the holiness of the First Temple and that of the Second Temple.
34.I.e., in the era of the First Temple.
35.As in the classic example of Chanah's prayer (I Samuel 1:13), which is accepted as the paradigm for our Shemoneh Esreh prayers.
36.For the verse is referring to Joshua whose position was that of a king.
37.I.e., a person upon whom the future of the entire Jewish people depended.
38.See I Samuel 22:18.
39.Instead, it also contained sky-blue wool, scarlet wool, red wool, as related in Chapter 9, Halachah 9.
40.See Hilchot Yesodei HaTorah 7:4-5 with regard to the preparations a person would make for the spirit of prophecy to rest upon him.
Biat Hamikdash - Chapter 1
Halacha 1
Whenever a priest who is fit to perform Temple service1 drinks wine, he is forbidden2 to enter the area of the Altar or [proceeds] beyond there.3 If he entered [that area]4 and performed service,5 his service is invalid and he is liable for death at the hand of heaven, as [Leviticus 10:9] states: "[Do not drink intoxicating wine...] so that you do not die."6
The above applies provided one drinks a revi'it7 of undiluted wine at one time, provided the wine is over 40 days old.8 If, however, one drank less than a revi'it of wine, one drank a revi'it intermittently,9 one mixed it with water,10 or one drank even more than a revi'it of wine from the vat, i.e., within 40 days of its being brought into being,11 he is exempt and his service is not profaned. If he drank more than a revi'it of wine, even though it was diluted and even though he drank it intermittently, he is liable for death and his service is invalidated.12
Halacha 2
If a person is intoxicated from beverages other than wine, he is forbidden to enter the Temple.13 If he enters and performs service while intoxicated from other beverages - even if he is intoxicated from milk or figs - he is liable for lashes, but his service is valid, for one is liable for death only when drinking wine at the time of service and one does not invalidate service unless he is intoxicated from wine.
Halacha 3
Just as a priest is forbidden to enter the Temple while intoxicated, so too, it is forbidden for any person, whether priest or Israelite, to render a halachic ruling when he is intoxicated.14 Even if he ate dates or drank milk and his mind became somewhat confused, he should not issue a ruling, as [the above passage (ibid.:11)] continues: "And to give instruction to the children of Israel." If he gave a ruling concerning a matter that is explicitly stated in the Torah to the extent that it is known by the Sadducees, he is permitted. For example, he ruled that a sheretz15 is impure and a frog is pure; [he ruled that] blood is forbidden, or the like.
Halacha 4
It is permitted for a person who is intoxicated to teach Torah, even Torah law and the interpretation of verses, provided he does not deliver a ruling.16 If he was a sage who delivers rulings on a regular basis, he should not teach, for his teaching constitutes the delivery of a ruling.17
Halacha 5
When a person drank precisely a revi'it and it was diluted with the slightest amount of water, he slept a bit, or he walked a mil,18 the effects of the wine will have worn off and he is permitted to serve [in the Temple]. If, however, he drank more than a revi'it even if it was diluted, sleeping slightly or journeying adds to his drunkenness. Depending on how intoxicated he was, he must wait until there is no trace of his drunkenness whatsoever.
Halacha 6
The men of the priestly watch19 are permitted to drink wine at night, but not during the day during the week [they serve in the Temple]. Even the members of the other clans20 who were not scheduled to work on a particular day [are forbidden], lest the Temple service overburden the members of the clan who serve that day and they require other members of the watch to help them.
The members of the clan of a particular day are forbidden to drink both during the day and night of that day, lest they drink at night and arise to their service in the morning without the effects of the wine having worn off.21
Halacha 7
Whenever a priest knows the watch from which he descends and the clan from which he descends, and he knows the day on which the members of his clan were scheduled to serve [in the Temple], he is forbidden to drink wine that entire day.22 If one knows from which watch he is descended, but does not know his clan, he is forbidden to drink wine the entire week during which his clan worked.
If [a priest] does not know [the identity of] his watch or his clan, the law would dictate that he should never be allowed to drink wine.23 Nevertheless, his difficulty24 leads to his solution and he is permitted to drink wine at all times, for he is not allowed to serve [in the Temple] until his clan and watch are established.
Halacha 8
A priest who lets his hair grow long25 is forbidden to enter the area of the Altar or [proceeds] beyond there.26 If he enters this area and performs service,27 he is liable for death at the hand of Heaven like an intoxicated [priest] who serves,28 as [indicated by Ezekiel 44:20-21]: "None of the priests shall drink wine. They shall not shave their heads, nor allow their hair to grow long."29 Just as [priests who serve] intoxicated from wine are liable to die, so too, those who allow their hair to grow long are liable to die.
Halacha 9
[Priests who] let their hair grow long do not disqualify their service. Even though they are obligated to die, their service is valid.30
Halacha 10
Just as the priests are not warned against drinking wine except at the time they enter the Temple, so too, they are forbidden to grow their hair long only at the time they enter the Temple.31
To whom does the above apply? To an ordinary priest. A High Priest, by contrast, is forbidden to let his hair grow long and rend his garments forever,32 for he should be in the Temple at all times.33 Therefore with regard to him, [Leviticus 21:10] states: "He should not let [the hair of] his head grow long, nor should he rend his garments."
Halacha 11
What is meant by growing one's hair long? [Leaving it uncut for] 30 days like a Nazirite, concerning whom [Numbers 6:5] states: "He shall let the mane of the hair of his head grow long" and a nazirite vow is not less than 30 days.34 Therefore an ordinary priest who serves [in the Temple] must cut his hair every 30 days.35
Halacha 12
The priests of the watch [serving in the Temple that week] are forbidden to cut their hair and launder their garments during that week,36 so that they will not enter the Temple when they are unkept.37 Instead, they should cut their hair, wash, and do their laundry before coming [to the Temple].
Halacha 13
When a priest's watch is concluded in the midst of a festival, he is permitted to cut his hair in the midst of the festival.38 If, however, his watch concludes on the day preceding a festival, he should cut his hair only on that day.39
Halacha 14
The laws [applying to a priest who enters the Temple with] torn garments are the same as those [applying to one with] long hair, as [Leviticus 10:6] states: "Do not let [the hair on] your heads grow long or rend your garments lest you die."40 Thus if [a priest] served with torn garments, he is liable for death at the hand of Heaven although his service is valid and was not profaned.41
Halacha 15
It appears to me42 that any priest who is fit to serve who enters the area of the altar or [proceeds] beyond there43 while intoxicated due to wine, drunk due to other alcoholic beverages, with long hair, or with torn garments as one tears because of a person's death, he is liable for lashes, even if he did not perform service. [The rationale is that] he is fit for service and entered [the Temple] at the time of service in such an unkept manner although he was warned not to enter.
Halacha 16
The laws that apply to someone who enters beyond the altar and the laws that apply to ones who depart from there are the same. What is implied? One drank44 a revi'it of wine between the Ulam and the altar or tore his garments there and departed, he is liable for lashes.45 Similarly, if he performed service as he departed, he is liable for death.
Halacha 17
Similarly, it is forbidden for any person, whether a priest or an Israelite, to enter the entire Temple area, from the Courtyard of the Israelites and onward46 when he is intoxicated from wine, drunk [from other beverages], with unkept long hair or with torn garments. Although there is no explicit warning [against this in the Torah], it is not a sign of honor or reverence47 to the great and holy house to enter it unkept. If, however, an Israelite48 lets his hair grow until it is formed into a weave and it was not unkept, he is permitted to enter the Courtyard of the Israelites.49
FOOTNOTES
1.This excludes a challal, a son born to a priest from a forbidden relationship, and a priest who has a disqualifying physical blemish. They are not liable for this severe punishment.
2.Sefer HaMitzvot (negative commandment 73) and Sefer HaChinuch (mitzvah 152) include this commandment among the 613 mitzvot of the Torah. Note also the parallels in Hilchot Nesiat Kapayim 15:4.
3.I.e., ascends the steps to the Temple building or enters that structure. See also Halachah 15 and notes.
4.If he entered this area while intoxicated, but did not perform service, he is only liable for lashes, as stated in Halachah 15. Similar concepts apply if he drank intoxicating beverages while in this area (Halachah 16).
5.The services for which he is liable are described in Chapter 9, Halachah 2.
6.He may, however, be punished by a mortal court with lashes and thus freed from the more severe spiritual punishment. See Hilchot Sanhedrin 19:2.
7.A liquid measure equal to 86 cc. according to Shiurei Torah and 150 cc. according to Chazon Ish. [It is reputed that the wines of the Talmudic era were very strong and drinking even this small amount could cause intoxication.]
8.And thus has had time to ferment and reach an alcoholic content sufficient enough to cause intoxication.
9.Since he paused while drinking it, its intoxicating effect will be less.
10.Even if one drank the entire quantity, since it was diluted, it will have a lesser effect.
11.Since its alcoholic content will not be that high, one is not liable. There is, nevertheless, a prohibition against serving in the Temple even when having drunk such wine (Kessef Mishneh).
12.The Ra'avad objects to the Rambam's ruling, maintaining that although serving in the Temple in such a condition is forbidden, the priest is not liable for such severe punishment, nor is his service disqualified. The Radbaz and the Kessef Mishneh offer interpretations of Keritot 13b that substantiate the Rambam's position.
13.One of the opinions in Keritot 13b derives this concept from the literal meaning of Leviticus 10:9, translated above as: "Do not drink intoxicating wine," i.e., it interprets the term veseicher according to its simple meaning, i.e., an alcoholic beverage other than wine. There is another opinion in that source that interprets veseicher as an adjective (which we have translated as "intoxicating") describing the manner in which one drinks wine. Apparently, the Rambam does not see the two interpretations as mutually exclusive. See Kessef Mishneh. See also Halachah 15.
14.See Sefer HaMitzvot, loc. cit., where the Rambam links the two prohibitions in the same negative commandment. One is not, however, liable for death for delivering a ruling while intoxicated. Note the discussion of this matter by the Ramban and Megilat Esther in their glosses to Sefer HaMitzvot.
15.One of the eight forbidden teeming animals mentioned in Leviticus 11:29-30. A frog is not one of those animals.
16.I.e., a directive for actual practice.
17.Note the Shulchan Aruch (Choshen Mishpat 7:5) which quotes an opinion stating that it is permitted to rule in cases involving financial law when slightly intoxicated.
18.A Talmudic measure equivalent to a kilometer. If he rode rather than walked, he must ride three mil (Eruvin 64b).
19.Who serve in the Temple that week. See Hilchot K'lei HaMikdash 4:3, 11.
20.As stated in that source, on each particular day, there was a clan whose members would perform the Temple service for that day.
21.The Ra'avad differs with the Rambam and maintains that the intent of Ta'anit 17a (the Rambam's source) is not the night before the priests serve in the Temple, but the night afterwards. They are forbidden because it is possible that they will have to continue offering the limbs and fat-tails of the animals at night if they were not able to offer them during the day. The Kessef Mishneh supports the Rambam's interpretation, explaining that there is no need to prohibit the priests from drinking wine the entire night for this reason. It is sufficient that they be restrained until these limbs have been offered.
22.Were it not for the reason mentioned at the conclusion of the halachah, this law would apply even in the present era. This is a decree, enacted lest the Temple be rebuilt and the priests be required to serve at their appointed time.
23.Lest he be drinking on a day forbidden for him.
24.I.e., his lack of knowledge of his watch and clan.
The Ra'avad differs with the Rambam with regard to the reason why there is no decree against the priests drinking wine in the present age. He rejects the Rambam's view, because with Mashiach's coming, the lineage of the priests will be established according to the spirit of prophecy (see Hilchot Melachim 12:3) and the priests will immediately be called upon to begin their service in the Temple. Instead, the rationale is that because of the length of the exile, we do not expect that the Temple will be built instantaneously. [This is also the view of Rashi (Ta'anit 17a)]. The Kessef Mishneh supports the Rambam's view, noting that according to the Rambam, we may offer sacrifices even if the Temple is not rebuilt (Hilchot Beit HaBechirah 6:15) and furthermore, the establishment of the priest's lineage even through the spirit of prophecy will not take only one day.
25.See Halachah 11 for a definition of this term.
26.Sefer HaMitzvot (negative commandment 163) and Sefer HaChinuch (mitzvah 149) includes this commandment among the 613 mitzvot of the Torah. Note the objections of the Ramban to the inclusion of this charge as one of the mitzvot and the resolutions offered by Megilat Esther in their glosses to Sefer HaMitzvot.
27.The law that applies if he does not perform service is explained in Halachah 15.
28.As stated in Halachah 1.
29.The prooftext for this prohibition from the Torah (Leviticus 10:6), "Do not let [the hair of] your heads grow long," is not sufficient, because that could be interpreted as merely granting license for Aaron's sons to conduct themselves in this manner. Other mourners must rend their garments and let their hair grow and they were not required to. The verse from Ezekiel teaches that the charge applies at all times and is not specific to that situation (Kessef Mishneh; Sefer HaMitzvot, loc. cit.).
30.I.e., the equation of their service to that of intoxicated priests is not complete.
The Rambam's view is not accepted by all authorities. There are some who maintain that such a priest's service is also disqualified. See the Ramban's gloss to Sefer HaMitzvot.
31.The Ra'avad differs and from the verse in Ezekiel cited above understands that all priests are prohibited against growing their hair long and must take haircuts once in 30 days. The Kessef Mishneh supports the Rambam's position. See the following halachah and notes.
32.See Hilchot K'lei HaMikdash 5:6 where the Rambam explains the restrictions incumbent on the High Priest in greater detail. As he states there, these prohibitions apply to a High Priest even outside of the Temple and even when he is not in mourning.
33.See ibid. 5:7.
34.Hilchot Nizirut 3:2. Thus we can assume that growing one's hair long encompasses a 30 day period.
35.Implied is that if a priest does not desire to serve, he is not required to cut his hair (Kessef Mishneh).
36.This does not refer to the priestly garments, for the priestly garments are not washed (Hilchot K'lei HaMikdash 8:5). Instead, the intent is the priest's personal garments. As a mark of respect, he should ascend to the Temple in freshly laundered clothes (Yeri'ot Shlomo).
37.Note a parallel decree in Hilchot Shivitat Yom Tov 7:19. See also Hilchot K'lei HaMikdash 6:11.
38.Although doing so is usually forbidden, as stated in Hilchot Shivitat Yom Tov, loc. cit. Here leniency was granted, because he is considered to have been held back from cutting his hair before the festival by forces beyond his
39.And not during the festival.
40.Sefer HaMitzvot (negative commandment 164) and Sefer HaChinuch (mitzvah 150) includes this commandment among the 613 mitzvot of the Torah. In this instance as well, the Ramban objects to the inclusion of this charge as one of the 613 mitzvot.
41.This ruling appears in direct contradiction to Hilchot K'lei HaMikdash 8:4 where the Rambam writes: "If [the priestly garments] were muddy, torn, longer than his appropriate measure... and a priest performed service while wearing them, his service is invalid." Among the resolutions offered is that in Hilchot K'lei HaMikdash, the Rambam is speaking about clothes that remain torn (therefore, even after the fact, the service is invalid), while here he was speaking about torn garments that were mended. As the Radbaz explains, here the Rambam is speaking about a tear like the tear made when one rends his garments in mourning (which can be mended) as indicated in the following halachah, and there, he is speaking about a garment that was torn in many places.
42.This expression indicates a conclusion which the Rambam reached through the process of deduction and not derived from any specific source.
43.The Ra'avad agrees that this law applies to a priest that ascends the altar in these unkept states, but differs with regard to a priest who proceeds further and ascend the steps of the Temple. He maintains that entering that area in these unkept states is forbidden only according to Rabbinic Law. The Kessef Mishneh offers an explanation that justifies the Rambam's ruling.
44.I.e., as a conscious transgression.
45.The Ra'avad offers a different interpretation of the Rambam's source, the Sifra to Parshat Shemini. The Kessef Mishneh and others offer support for the Rambam's interpretation.
46.As explained in Hilchot Beit HaBechirah, ch. 7, the other areas of the Temple Mount have a lesser degree of holiness.
47.See Hilchot Beit HaBechirah, loc. cit., which speaks of the command to fear the Temple.
48.Or a Levite as will be explained.
49.Rambam LeAm gives the example of the prophet Samuel who was a Nazirite and hence, allowed his hair to grow long. Nevertheless, he combed it until it was attractive and hence, he was allowed to remain in the Sanctuary of Shiloh.
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Hayom Yom:
•Wednesday, Sivan 13, 5774 • 11 June 2014
"Today's Day"
Wednesday, Sivan 13*, 5703
Torah lessons: Chumash: Beha'alotecha, Revi'i with Rashi.
Tehillim: 69-71.
Tanya: Ch. 4. It is (p. 295)...to do good." (p. 297).
The Tzemach Tzedek composed many melodies. He studied Torah aloud and with song. It would happen that he would interrupt his studies, or his writing Chassidus or responsa, and sing some melody.
My grandfather related that from the sound of the Tzemach Tzedek's melody he could tell in what subject he was then occupied.
FOOTNOTES
*. This day marks the marriage, in 5660 (1900) of R. Levi Yitschak Schneerson and Rebbetzin Chana, parents of the Rebbe of righteous memory.
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Daily Thought:
Self-Conscious G-d
When He made the world, He decided He would take the role of Kindness. That way, when we would be kind, we could bond to Him with our kindness.
He decided to have Wisdom. That way, by being wise, we could bond to Him with our wisdom.
He decided to be conscious of Himself, so that we could attain consciousness of that which is beyond knowing.
And all this He gave to us in His Torah.
He gave us Himself.
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