Today's Laws and Customs:
Rosh Chodesh Observances
Today is Rosh Chodesh--"Head of the Month"--for the Hebrew month of "Av" (also called "Menachem Av").
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited -- in its "partial" form -- following the Shacharit morning prayer, and the Yaaleh V'yavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachnun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh -- the month being the feminine aspect of the Jewish Calendar.
Links: The 29th Day; The Lunar Files
"Nine Days" Begin
"When Av begins, we diminish [our] rejoicing" (Talmud, Taanit 26b).
On the 1st of Av, "The Three Weeks" mourning period over the destruction of the Holy Temple--which began 13 days earlier on Tammuz 17--enters an intensified stage. During "The Nine Days" from Av 1st to the Ninth of Av, a heightened degree of mourning is observed, including abstention from meat and wine, music, bathing for pleasure, and other joyous and enjoyable activities. (The particular mourning customs vary from community to community, so consult a competent Halachic authority for details).
Consumption of meat and wine is permitted on Shabbat, or at a Seudat Mitzvah (obligatory festive meal celebrating the fulfillment of a mitzvah) such as a Bris (circumcision), or a "Siyum" celebrating the completion of a course of Torah study (i.e., a complete Talmudic tractate). The Lubavitcher Rebbe initiated the custom of conducting or participating in a Siyum on each of the Nine Days (even if one does not avail oneself of the dispensation to eat meat).
Citing the verse (Isaiah 1:27) "Zion shall be redeemed with mishpat [Torah] and its returnees with Tzedakah," the Rebbe urged that we increase in Torah study (particularly the study of the laws of the Holy Temple) and charity during this period.
Links:
When and (How) to be Sad
www.thethreeweeks.com
Today in Jewish History:
Passing of Aaron (1273 BCE)
Aaron the first High Priest, brother of Moses and Miriam, passed away at age 123 on the 1st of Av of the year 2487 from creation (1274 BCE). This is the only yahrzeit (date of passing) explicitly mentioned in the Torah (Numbers 33:38).
Links:
A Midrashic description of Aaron's passing
More about Aaron
"Aaron" and "On the Essence of Circumstance" -- a spiritual profile based on the Lubavitcher Rebbe's talks
Ezra Arrives in Israel (348 BCE)
Following their long journey from Babylon (see Jewish history for the 12th of Nissan), Ezra and his entourage arrived in the land of Israel to be near the newly built second Holy Temple in Jerusalem. A relatively small group came together with Ezra, the majority of Jews, including great Torah scholars, choosing to remain in Babylon due to the harsh conditions that were then prevailing in Israel.
Link: Ezra the Scribe
DAILY QUOTE:
I set G-d before me, always(Psalms 16:8}
DAILY QUOTE:
I set G-d before me, always(Psalms 16:8}
Daily Study:
CHITAS AND RAMBAM FOR TODAY:
Chumash Parshat Devarim, 2nd Portion (Deuteronomy 1:12-1:21) with Rashi
Chapter 1
12. How can I bear your trouble, your burden, and your strife all by myself? יב. אֵיכָה אֶשָּׂא לְבַדִּי טָרְחֲכֶם וּמַשַּׂאֲכֶם וְרִיבְכֶם:
How can I bear…all by myself?: [Even] if I were to say, “I will do so in order to receive a reward,” I cannot do so. This is what I have already said to you, “Not by my own decision do I tell you [that I am unable to bear your trouble], but by the command of the Holy One, blessed is He.”
איכה אשא לבדי: אם אומר לקבל שכר לא אוכל, זו היא שאמרתי לכם לא מעצמי אני אומר לכם, אלא מפי הקדוש ברוך הוא:
your trouble: This teaches us that the Israelites were troublesome [people]; if one saw his opponent in a lawsuit about to win, he would say, “I have [other] witnesses to bring, [more] evidence to introduce, I [will exercise my right to] add judges to you [in your tribunal]”.
טרחכם: מלמד שהיו ישראל טרחנין. היה אחד מהם רואה את בעל דינו נוצח בדין, אומר יש לי עדים להביא, יש לי ראיות להביא, מוסיף אני עליכם דיינין:
and your burden: This teaches that they [the Israelites] were heretics: If Moses was early leaving his tent they would say, “Why does the son of Amram leave so early? Perhaps he is not at ease inside his house?” If he left late, they would say, “Why does the son of Amram not leave? What do you think? He is [probably] sitting and devising evil schemes against you, and is thinking up plots against you. [Other editions of Rashi have”commandments and reckonings."]
ומשאכם: מלמד שהיו אפיקורסין. הקדים משה לצאת, אמרו, מה ראה בן עמרם לצאת, שמא אינו שפוי בתוך ביתו. איחר לצאת, אמרו, מה ראה בן עמרם שלא לצאת, מה אתם סבורים, יושב ויועץ עליכם עצות רעות וחושב עליכם מחשבות:
and your strife: This teaches that they [the Israelites] were contentious (Sifrei).
וריבכם: מלמד שהיו רוגנים:
13. Prepare for yourselves wise and understanding men, known among your tribes, and I will make them heads over you. יג. הָבוּ לָכֶם אֲנָשִׁים חֲכָמִים וּנְבֹנִים וִידֻעִים לְשִׁבְטֵיכֶם וַאֲשִׂימֵם בְּרָאשֵׁיכֶם:
prepare for yourselves: Heb. לָכֶם הָבוּ. Prepare yourselves for this matter.
הבו לכם: הזמינו עצמכם לדבר:
men: Would it enter your mind [that] women [could be chosen]? What does [specifying] “men” teach us? [It signifies that they should pick] righteous men. (Sifrei).
אנשים: וכי תעלה על דעתך נשים, מה תלמוד לומר אנשים, צדיקים:
wise [men]: Desirable [men]. [According to the glosses of Rabbi Akiva Eiger on Sifrei, bashful men, men who are ashamed of doing anything wrong.] [According to Heidenheim, the word כְּסוּפִים is the definition of אֲנָשִׁים, not of חֲכָמִים According to him, the next heading reads:
חכמים: כסופים:
wise and understanding [men]: ]
נבונים: מבינים דבר מתוך דבר. זו היא ששאל אריוס את רבי יוסי, מה בין חכמים לנבונים. חכם דומה לשולחני עשיר, כשמביאין לו דינרין לראות רואה, וכשאין מביאין לו יושב ותוהא. נבון דומה לשולחני תגר, כשמביאין לו מעות לראות רואה, וכשאין מביאין לו מחזר ומביא משלו:
understanding [men]: [I.e., men] who understand [and derive] one thing from another. This is what Arius asked Rabbi Yose: “What is the difference between wise men and understanding men?” [Rabbi Yose said] "A wise man is like a rich money changer: When people bring him dinars to examine, he examines them. When they do not bring [money] to him, he sits doing nothing. An understanding man, however, is like a merchant money changer: When they bring him money to examine, he examines it, and when they do not bring it to him, he goes out and brings his own [money-i.e., he does not wait for people to come to him-he goes to them] (Sifrei)
וידועים לשבטיכם: שהם ניכרים לכם, שאם בא לפני מעוטף בטליתו איני יודע מי הוא ומאיזה שבט הוא ואם הגון הוא, אבל אתם מכירין בו, שאתם גידלתם אותו, לכך נאמר וידועים לשבטיכם:
well-known among your tribes: Men whom you recognize, for if one were to come before me wrapped in his tallith, I would not know who he is and of what tribe he is, and whether he is suitable. But you know him, for you have raised him. Therefore, it says,“well-known among your tribes.” (Sifrei)
בראשיכם: ראשים ומכובדים עליכם שתהיו נוהגין בהם כבוד ויראה:
and I will make them heads over you: As chiefs and respected persons over you, i.e., you should act towards them with respect and reverence.[The word] וַאֲשִׂמֵם lacks a י [after the שׂ; our editions, however, have it]: This teaches us that Israel’s transgressions (אָשָׁם) are hung over the heads of their judges, since they [the judges] should have prevented them [from sinning], and directed them along the right path (Sifrei).
ואשמם: חסר יו"ד, למד שאשמותיהם של ישראל תלויות בראשי דייניהם, שהיה להם למחות ולכוון אותם לדרך הישרה:
14. And you answered me and said, 'The thing you have spoken is good for us to do.' יד. וַתַּעֲנוּ אֹתִי וַתֹּאמְרוּ טוֹב הַדָּבָר אֲשֶׁר דִּבַּרְתָּ לַעֲשׂוֹת:
And you answered me: You decided the matter for your benefit. You should have replied, “Our teacher, Moses! From whom is it proper to learn, from you or from your disciple? Is it not [better to learn] from you, who have taken such pains about them?” However, I knew your thoughts; you were saying [to yourselves], “Many judges will now be appointed over us; if one does not know us, we shall bring him a gift, and he will show us favor.” (Sifrei)
ותענו אותי וגו': החלטתם את הדבר להנאתכם, היה לכם להשיב, רבינו משה ממי נאה ללמוד ממך או מתלמידך לא ממך שנצטערת עליה. אלא ידעתי מחשבותיכם. הייתם אומרים, עכשיו יתמנו עלינו דיינין הרבה, אם אין מכירנו אנו מביאין לו דורון והוא נושא לנו פנים:
to do: If I was sluggish, you said, “Act quickly.” (Sifrei)
לעשות: אם הייתי מתעצל, אתם אומרים עשה מהרה:
15. So I took the heads of your tribes, men wise and well known, and I made them heads over you, leaders over thousands, leaders over hundreds, leaders over fifties, and leaders over tens, and officers, over your tribes. טו. וָאֶקַּח אֶת רָאשֵׁי שִׁבְטֵיכֶם אֲנָשִׁים חֲכָמִים וִידֻעִים וָאֶתֵּן אוֹתָם רָאשִׁים עֲלֵיכֶם שָׂרֵי אֲלָפִים וְשָׂרֵי מֵאוֹת וְשָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת וְשֹׁטְרִים לְשִׁבְטֵיכֶם:
So I took the heads of your tribes: I attracted them through [fine] words: “How fortunate you are! Over whom are you to be appointed? Over the children of Abraham, Isaac and Jacob-over the children of people who are called brothers and friends, [God’s] portion and inheritance, and every term of endearment.” (Sifrei)
ואקח את ראשי שבטיכם: משכתים בדברים, אשריכם, על מי באתם להתמנות, על בני אברהם יצחק ויעקב, על בני אדם שנקראו אחים ורעים, חלק ונחלה וכל לשון חבה:
[So I took…] men wise and well-known: But understanding men I could not find (Ned. 20b.). This is one of the seven qualities which Jethro described to Moses (Exod.18:21), but Moses found only three [of them]-righteous, wise, and well-known [men]. (Sifrei).
אנשים חכמים וידועים: אבל נבונים לא מצאתי. זו אחת משבע מדות שאמר יתרו למשה ולא מצא אלא שלש, אנשים צדיקים, חכמים וידועים:
[And I made them] heads over you: You should respect them- [think of them as] chiefs in buying, chiefs in selling, chiefs in all business matters, last to enter(the synagogue from his home) and first to leave [so that everyone should stand up out of respect] (Sifrei).
ראשים עליכם: שתנהגו בהם כבוד. ראשים במקח, ראשים בממכר, ראשים במשא ומתן, נכנס (מביתו לב"ה) אחרון ויוצא ראשון:
leaders over thousands: one who is appointed over one thousand.
שרי אלפים: אחד ממונה על אלף:
leaders over hundreds: one who is appointed over one hundred.
שרי מאות: אחד ממונה על מאה:
and officers: I appointed [court officers] over you, for your tribe. These are the ones who bind and lash with a whip at the judges’ order (Sifrei).
ושטרים: מניתי עליכם לשבטיכם. אלו הכופתין והמכין ברצועה על פי הדיינין:
16. And I commanded your judges at that time, saying, "Hear [disputes] between your brothers and judge justly between a man and his brother, and between his litigant. טז. וָאֲצַוֶּה אֶת שֹׁפְטֵיכֶם בָּעֵת הַהִוא לֵאמֹר שָׁמֹעַ בֵּין אֲחֵיכֶם וּשְׁפַטְתֶּם צֶדֶק בֵּין אִישׁ וּבֵין אָחִיו וּבֵין גֵּרוֹ:
And I commanded your judges: I said to them: “Be patient in passing judgment. If a case comes before you once, twice, three times, do not say, ‘This [case] has already appeared before me several times,’ but debate it over again.’” (Sifrei)
ואצוה את שפטיכם: אמרתי להם הוו מתונים בדין, אם בא דין לפניך פעם אחת שתים ושלש אל תאמר כבר בא דין זה לפני פעמים הרבה אלא היו נושאים ונותנים בו:
[And I commanded your judges] at that time: When I appointed them, I said to them, “Now is not like the past. Previously, you were your own masters, now you are subservient to the community.”- [Sifrei]
בעת ההוא: משמניתים אמרתי להם, אין עכשיו כלשעבר, לשעבר הייתם ברשות עצמכם, עכשיו הרי אתם משועבדים לצבור:
Hear: Heb. שָׁמֹעַ Present tense: odant in Old French, [always be] hearing, as in זָכוֹר, remembering, and שָׁמוֹר, keeping.
שמוע: לשון הווה אודנ"ט בלע"ז [בהאזינכם] כמו (שמות כ, ז) זכור, (דברים ה, יא) שמור:
and between his litigant: Heb. גֵּרוֹ. This (גֵּרוֹ) is his opponent in the lawsuit who accumulates (אוֹגֵר) arguments against him. Another explanation: (וּבֵין גֵּרוֹ) : Even in undertakings concerning a residence [גּוּר meaning to dwell], in the division of [property between inheriting] brothers, even if it is a dispute about [such minor things as] an oven and a stove (Sifrei ; San. 7b).
ובין גרו: זה בעל דינו, שאוגר עליו דברים. דבר אחר ובין גרו, אף על עסקי דירה בין חלוקת אחים אפילו בין תנור לכירים:
17. You shall not favor persons in judgment; [rather] you shall hear the small just as the great; you shall not fear any man, for the judgment is upon the Lord, and the case that is too difficult for you, bring to me, and I will hear it." יז. לֹא תַכִּירוּ פָנִים בַּמִּשְׁפָּט כַּקָּטֹן כַּגָּדֹל תִּשְׁמָעוּן לֹא תָגוּרוּ מִפְּנֵי אִישׁ כִּי הַמִּשְׁפָּט לֵאלֹהִים הוּא וְהַדָּבָר אֲשֶׁר יִקְשֶׁה מִכֶּם תַּקְרִבוּן אֵלַי וּשְׁמַעְתִּיו:
You shall not favor persons in judgment: This refers to the person who appoints judges, that he should not say, “So-and-so is handsome or strong; I will appoint him as a judge” [or] “So-and-so is my relative; I will appoint him as a judge in the city,” even if he is not expert in the laws, and consequently he condemns the innocent and acquits the guilty. [God says:] I will hold it against the one who appointed him [this judge] as though he [himself] had shown partiality in judgment (Sifrei).
לא תכירו פנים במשפט: זה הממונה להושיב הדיינין, שלא יאמר איש פלוני נאה או גבור, אושיבנו דיין, איש פלוני קרובי, אושיבנו דיין בעיר, והוא אינו בקי בדינין נמצא מחייב את הזכאי ומזכה את החייב. מעלה אני על מי שמנהו כאילו הכיר פנים בדין:
You shall hear the small just as the great: A case regarding a perutah [small coin] should be as important to you as [a case] regarding a hundred maneh [a large sum], so that if it [the former] is presented before you first, do not postpone it for last (San. 8a). Another explanation of “You shall hear the words of the small as you do those of the great,” as per the Targum [The words of the small you shall hear like the words of the great]: You shall not say: “This is a poor man, and his friend [opponent] is rich, and it is a mitzvah to support him [the poor man]. I will favor the poor man, and he will thus be supported respectably.” Another explanation: You shall not say,“How can I affront the honor of this rich man because of one dinar ? I will favor him now and when he goes outside [leaves the court] I will tell him, 'Give it to him [to the poor man], for you really owe it to him!’” (Sifrei)
כקטן כגדול תשמעון: שיהא חביב עליך דין של פרוטה כדין של מאה מנה, שאם קדם ובא לפניך לא תסלקנו לאחרון. דבר אחר כקטן כגדול תשמעון, כתרגומו, שלא תאמר, זה עני הוא וחבירו עשיר ומצוה לפרנסו אזכה את העני ונמצא מתפרנס בנקיות. דבר אחר שלא תאמר היאך אני פוגם כבודו של עשיר זה בשביל דינר, אזכנו עכשיו, וכשיצא לחוץ אומר אני לו, תן לו שאתה חייב לו:
You shall not fear any man: Heb. לֹא תָגוּרוּ, meaning you shall not fear. Another explanation: You shall not gather in [stifle] your words because of any man. As in (Prov. 10:5),“It gathers (אוֹגֵר) in summer.” (See Sifrei.)
לא תגורו מפני איש: לא תיראו. דבר אחר לא תגורו, לא תכניס דבריך מפני איש. לשון (משלי י, ה) אוגר בקיץ:
for the judgment is upon the Lord: Whatever you unjustly take from one, you will oblige Me to return to him. Consequently you have perverted a judgment against Me (San. 8a).
כי המשפט לאלהים הוא: מה שאתה נוטל מזה שלא כדין, אתה מזקיקני להחזיר לו, נמצא שהטית (על) [עלי] המשפט:
[And the case that is too difficult for you] bring to me: Because of this [presumptive] statement, Moses forgot the law regarding the daughters of Zelophchad [in Num. 27:1-5](San. 8a). Similarly, Samuel answered Saul and said (I Sam. 9:19),“I am the seer.” Whereupon, the Holy One, blessed is He, said to him, “By your life, I will let you know that you do not [always] see [with the holy spirit].” And when did He let him know [this]? When he came to anoint David, “And he saw Eliab [and] he said, ‘Surely, before the Lord is His anointed’ ” (I Sam. 16:6-7). The Holy One, blessed is He, said to him: “Did you not say, ‘I am the seer?’ Look not upon his appearance.” (Sifrei)
תקרבון אלי: על דבר זה נסתלק ממנו משפט בנות צלפחד, וכן שמואל אמר לשאול (שמואל א' ט, יט) אנכי הרואה, אמר לו הקב"ה, חייך שאני מודיעך שאין אתה רואה. ואימתי הודיעו, כשבא למשוח את דוד (שם טז, ו) וירא את אליאב ויאמר אך נגד ה' משיחו, אמר לו הקב"ה, ולא אמרת אנכי הרואה (שם טז, ז) אל תבט אל מראהו:
18. And I commanded you at that time all the things you should do. יח. וָאֲצַוֶּה אֶתְכֶם בָּעֵת הַהִוא אֵת כָּל הַדְּבָרִים אֲשֶׁר תַּעֲשׂוּן:
[And I commanded you…] all the things which you should do: These are the ten things that distinguish monetary cases from capital cases (Sifrei.).
את כל הדברים אשר תעשון: אלו עשרת הדברים שבין דיני ממונות לדיני נפשות:
19. And we journeyed from Horeb and went through all that great and fearful desert, which you saw, by the way of the mountain of the Amorites, as the Lord, our God, commanded us; and we came up to Kadesh barnea. יט. וַנִּסַּע מֵחֹרֵב וַנֵּלֶךְ אֵת כָּל הַמִּדְבָּר הַגָּדוֹל וְהַנּוֹרָא הַהוּא אֲשֶׁר רְאִיתֶם דֶּרֶךְ הַר הָאֱמֹרִי כַּאֲשֶׁר צִוָּה יְהֹוָה אֱלֹהֵינוּ אֹתָנוּ וַנָּבֹא עַד קָדֵשׁ בַּרְנֵעַ:
[that] great and fearful desert: [It is termed fearful] because in it were serpents as [thick as] beams and scorpions as [big as] bows (Sifrei).
המדבר הגדול והנורא: שהיו בו נחשים כקורות, ועקרבים כקשתות:
20. And I said to you, "You have come to the mountain of the Amorites, which the Lord, our God, is giving us. כ. וָאֹמַר אֲלֵכֶם בָּאתֶם עַד הַר הָאֱמֹרִי אֲשֶׁר יְהֹוָה אֱלֹהֵינוּ נֹתֵן לָנוּ:
21. Behold, the Lord, your God, has set the land before you; go up and possess it, as the Lord, God of your fathers has spoken to you; you shall neither fear nor be dismayed." כא. רְאֵה נָתַן יְהֹוָה אֱלֹהֶיךָ לְפָנֶיךָ אֶת הָאָרֶץ עֲלֵה רֵשׁ כַּאֲשֶׁר דִּבֶּר יְהֹוָה אֱלֹהֵי אֲבֹתֶיךָ לָךְ אַל תִּירָא וְאַל תֵּחָת:
12. How can I bear your trouble, your burden, and your strife all by myself? יב. אֵיכָה אֶשָּׂא לְבַדִּי טָרְחֲכֶם וּמַשַּׂאֲכֶם וְרִיבְכֶם:
How can I bear…all by myself?: [Even] if I were to say, “I will do so in order to receive a reward,” I cannot do so. This is what I have already said to you, “Not by my own decision do I tell you [that I am unable to bear your trouble], but by the command of the Holy One, blessed is He.”
איכה אשא לבדי: אם אומר לקבל שכר לא אוכל, זו היא שאמרתי לכם לא מעצמי אני אומר לכם, אלא מפי הקדוש ברוך הוא:
your trouble: This teaches us that the Israelites were troublesome [people]; if one saw his opponent in a lawsuit about to win, he would say, “I have [other] witnesses to bring, [more] evidence to introduce, I [will exercise my right to] add judges to you [in your tribunal]”.
טרחכם: מלמד שהיו ישראל טרחנין. היה אחד מהם רואה את בעל דינו נוצח בדין, אומר יש לי עדים להביא, יש לי ראיות להביא, מוסיף אני עליכם דיינין:
and your burden: This teaches that they [the Israelites] were heretics: If Moses was early leaving his tent they would say, “Why does the son of Amram leave so early? Perhaps he is not at ease inside his house?” If he left late, they would say, “Why does the son of Amram not leave? What do you think? He is [probably] sitting and devising evil schemes against you, and is thinking up plots against you. [Other editions of Rashi have”commandments and reckonings."]
ומשאכם: מלמד שהיו אפיקורסין. הקדים משה לצאת, אמרו, מה ראה בן עמרם לצאת, שמא אינו שפוי בתוך ביתו. איחר לצאת, אמרו, מה ראה בן עמרם שלא לצאת, מה אתם סבורים, יושב ויועץ עליכם עצות רעות וחושב עליכם מחשבות:
and your strife: This teaches that they [the Israelites] were contentious (Sifrei).
וריבכם: מלמד שהיו רוגנים:
13. Prepare for yourselves wise and understanding men, known among your tribes, and I will make them heads over you. יג. הָבוּ לָכֶם אֲנָשִׁים חֲכָמִים וּנְבֹנִים וִידֻעִים לְשִׁבְטֵיכֶם וַאֲשִׂימֵם בְּרָאשֵׁיכֶם:
prepare for yourselves: Heb. לָכֶם הָבוּ. Prepare yourselves for this matter.
הבו לכם: הזמינו עצמכם לדבר:
men: Would it enter your mind [that] women [could be chosen]? What does [specifying] “men” teach us? [It signifies that they should pick] righteous men. (Sifrei).
אנשים: וכי תעלה על דעתך נשים, מה תלמוד לומר אנשים, צדיקים:
wise [men]: Desirable [men]. [According to the glosses of Rabbi Akiva Eiger on Sifrei, bashful men, men who are ashamed of doing anything wrong.] [According to Heidenheim, the word כְּסוּפִים is the definition of אֲנָשִׁים, not of חֲכָמִים According to him, the next heading reads:
חכמים: כסופים:
wise and understanding [men]: ]
נבונים: מבינים דבר מתוך דבר. זו היא ששאל אריוס את רבי יוסי, מה בין חכמים לנבונים. חכם דומה לשולחני עשיר, כשמביאין לו דינרין לראות רואה, וכשאין מביאין לו יושב ותוהא. נבון דומה לשולחני תגר, כשמביאין לו מעות לראות רואה, וכשאין מביאין לו מחזר ומביא משלו:
understanding [men]: [I.e., men] who understand [and derive] one thing from another. This is what Arius asked Rabbi Yose: “What is the difference between wise men and understanding men?” [Rabbi Yose said] "A wise man is like a rich money changer: When people bring him dinars to examine, he examines them. When they do not bring [money] to him, he sits doing nothing. An understanding man, however, is like a merchant money changer: When they bring him money to examine, he examines it, and when they do not bring it to him, he goes out and brings his own [money-i.e., he does not wait for people to come to him-he goes to them] (Sifrei)
וידועים לשבטיכם: שהם ניכרים לכם, שאם בא לפני מעוטף בטליתו איני יודע מי הוא ומאיזה שבט הוא ואם הגון הוא, אבל אתם מכירין בו, שאתם גידלתם אותו, לכך נאמר וידועים לשבטיכם:
well-known among your tribes: Men whom you recognize, for if one were to come before me wrapped in his tallith, I would not know who he is and of what tribe he is, and whether he is suitable. But you know him, for you have raised him. Therefore, it says,“well-known among your tribes.” (Sifrei)
בראשיכם: ראשים ומכובדים עליכם שתהיו נוהגין בהם כבוד ויראה:
and I will make them heads over you: As chiefs and respected persons over you, i.e., you should act towards them with respect and reverence.[The word] וַאֲשִׂמֵם lacks a י [after the שׂ; our editions, however, have it]: This teaches us that Israel’s transgressions (אָשָׁם) are hung over the heads of their judges, since they [the judges] should have prevented them [from sinning], and directed them along the right path (Sifrei).
ואשמם: חסר יו"ד, למד שאשמותיהם של ישראל תלויות בראשי דייניהם, שהיה להם למחות ולכוון אותם לדרך הישרה:
14. And you answered me and said, 'The thing you have spoken is good for us to do.' יד. וַתַּעֲנוּ אֹתִי וַתֹּאמְרוּ טוֹב הַדָּבָר אֲשֶׁר דִּבַּרְתָּ לַעֲשׂוֹת:
And you answered me: You decided the matter for your benefit. You should have replied, “Our teacher, Moses! From whom is it proper to learn, from you or from your disciple? Is it not [better to learn] from you, who have taken such pains about them?” However, I knew your thoughts; you were saying [to yourselves], “Many judges will now be appointed over us; if one does not know us, we shall bring him a gift, and he will show us favor.” (Sifrei)
ותענו אותי וגו': החלטתם את הדבר להנאתכם, היה לכם להשיב, רבינו משה ממי נאה ללמוד ממך או מתלמידך לא ממך שנצטערת עליה. אלא ידעתי מחשבותיכם. הייתם אומרים, עכשיו יתמנו עלינו דיינין הרבה, אם אין מכירנו אנו מביאין לו דורון והוא נושא לנו פנים:
to do: If I was sluggish, you said, “Act quickly.” (Sifrei)
לעשות: אם הייתי מתעצל, אתם אומרים עשה מהרה:
15. So I took the heads of your tribes, men wise and well known, and I made them heads over you, leaders over thousands, leaders over hundreds, leaders over fifties, and leaders over tens, and officers, over your tribes. טו. וָאֶקַּח אֶת רָאשֵׁי שִׁבְטֵיכֶם אֲנָשִׁים חֲכָמִים וִידֻעִים וָאֶתֵּן אוֹתָם רָאשִׁים עֲלֵיכֶם שָׂרֵי אֲלָפִים וְשָׂרֵי מֵאוֹת וְשָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת וְשֹׁטְרִים לְשִׁבְטֵיכֶם:
So I took the heads of your tribes: I attracted them through [fine] words: “How fortunate you are! Over whom are you to be appointed? Over the children of Abraham, Isaac and Jacob-over the children of people who are called brothers and friends, [God’s] portion and inheritance, and every term of endearment.” (Sifrei)
ואקח את ראשי שבטיכם: משכתים בדברים, אשריכם, על מי באתם להתמנות, על בני אברהם יצחק ויעקב, על בני אדם שנקראו אחים ורעים, חלק ונחלה וכל לשון חבה:
[So I took…] men wise and well-known: But understanding men I could not find (Ned. 20b.). This is one of the seven qualities which Jethro described to Moses (Exod.18:21), but Moses found only three [of them]-righteous, wise, and well-known [men]. (Sifrei).
אנשים חכמים וידועים: אבל נבונים לא מצאתי. זו אחת משבע מדות שאמר יתרו למשה ולא מצא אלא שלש, אנשים צדיקים, חכמים וידועים:
[And I made them] heads over you: You should respect them- [think of them as] chiefs in buying, chiefs in selling, chiefs in all business matters, last to enter(the synagogue from his home) and first to leave [so that everyone should stand up out of respect] (Sifrei).
ראשים עליכם: שתנהגו בהם כבוד. ראשים במקח, ראשים בממכר, ראשים במשא ומתן, נכנס (מביתו לב"ה) אחרון ויוצא ראשון:
leaders over thousands: one who is appointed over one thousand.
שרי אלפים: אחד ממונה על אלף:
leaders over hundreds: one who is appointed over one hundred.
שרי מאות: אחד ממונה על מאה:
and officers: I appointed [court officers] over you, for your tribe. These are the ones who bind and lash with a whip at the judges’ order (Sifrei).
ושטרים: מניתי עליכם לשבטיכם. אלו הכופתין והמכין ברצועה על פי הדיינין:
16. And I commanded your judges at that time, saying, "Hear [disputes] between your brothers and judge justly between a man and his brother, and between his litigant. טז. וָאֲצַוֶּה אֶת שֹׁפְטֵיכֶם בָּעֵת הַהִוא לֵאמֹר שָׁמֹעַ בֵּין אֲחֵיכֶם וּשְׁפַטְתֶּם צֶדֶק בֵּין אִישׁ וּבֵין אָחִיו וּבֵין גֵּרוֹ:
And I commanded your judges: I said to them: “Be patient in passing judgment. If a case comes before you once, twice, three times, do not say, ‘This [case] has already appeared before me several times,’ but debate it over again.’” (Sifrei)
ואצוה את שפטיכם: אמרתי להם הוו מתונים בדין, אם בא דין לפניך פעם אחת שתים ושלש אל תאמר כבר בא דין זה לפני פעמים הרבה אלא היו נושאים ונותנים בו:
[And I commanded your judges] at that time: When I appointed them, I said to them, “Now is not like the past. Previously, you were your own masters, now you are subservient to the community.”- [Sifrei]
בעת ההוא: משמניתים אמרתי להם, אין עכשיו כלשעבר, לשעבר הייתם ברשות עצמכם, עכשיו הרי אתם משועבדים לצבור:
Hear: Heb. שָׁמֹעַ Present tense: odant in Old French, [always be] hearing, as in זָכוֹר, remembering, and שָׁמוֹר, keeping.
שמוע: לשון הווה אודנ"ט בלע"ז [בהאזינכם] כמו (שמות כ, ז) זכור, (דברים ה, יא) שמור:
and between his litigant: Heb. גֵּרוֹ. This (גֵּרוֹ) is his opponent in the lawsuit who accumulates (אוֹגֵר) arguments against him. Another explanation: (וּבֵין גֵּרוֹ) : Even in undertakings concerning a residence [גּוּר meaning to dwell], in the division of [property between inheriting] brothers, even if it is a dispute about [such minor things as] an oven and a stove (Sifrei ; San. 7b).
ובין גרו: זה בעל דינו, שאוגר עליו דברים. דבר אחר ובין גרו, אף על עסקי דירה בין חלוקת אחים אפילו בין תנור לכירים:
17. You shall not favor persons in judgment; [rather] you shall hear the small just as the great; you shall not fear any man, for the judgment is upon the Lord, and the case that is too difficult for you, bring to me, and I will hear it." יז. לֹא תַכִּירוּ פָנִים בַּמִּשְׁפָּט כַּקָּטֹן כַּגָּדֹל תִּשְׁמָעוּן לֹא תָגוּרוּ מִפְּנֵי אִישׁ כִּי הַמִּשְׁפָּט לֵאלֹהִים הוּא וְהַדָּבָר אֲשֶׁר יִקְשֶׁה מִכֶּם תַּקְרִבוּן אֵלַי וּשְׁמַעְתִּיו:
You shall not favor persons in judgment: This refers to the person who appoints judges, that he should not say, “So-and-so is handsome or strong; I will appoint him as a judge” [or] “So-and-so is my relative; I will appoint him as a judge in the city,” even if he is not expert in the laws, and consequently he condemns the innocent and acquits the guilty. [God says:] I will hold it against the one who appointed him [this judge] as though he [himself] had shown partiality in judgment (Sifrei).
לא תכירו פנים במשפט: זה הממונה להושיב הדיינין, שלא יאמר איש פלוני נאה או גבור, אושיבנו דיין, איש פלוני קרובי, אושיבנו דיין בעיר, והוא אינו בקי בדינין נמצא מחייב את הזכאי ומזכה את החייב. מעלה אני על מי שמנהו כאילו הכיר פנים בדין:
You shall hear the small just as the great: A case regarding a perutah [small coin] should be as important to you as [a case] regarding a hundred maneh [a large sum], so that if it [the former] is presented before you first, do not postpone it for last (San. 8a). Another explanation of “You shall hear the words of the small as you do those of the great,” as per the Targum [The words of the small you shall hear like the words of the great]: You shall not say: “This is a poor man, and his friend [opponent] is rich, and it is a mitzvah to support him [the poor man]. I will favor the poor man, and he will thus be supported respectably.” Another explanation: You shall not say,“How can I affront the honor of this rich man because of one dinar ? I will favor him now and when he goes outside [leaves the court] I will tell him, 'Give it to him [to the poor man], for you really owe it to him!’” (Sifrei)
כקטן כגדול תשמעון: שיהא חביב עליך דין של פרוטה כדין של מאה מנה, שאם קדם ובא לפניך לא תסלקנו לאחרון. דבר אחר כקטן כגדול תשמעון, כתרגומו, שלא תאמר, זה עני הוא וחבירו עשיר ומצוה לפרנסו אזכה את העני ונמצא מתפרנס בנקיות. דבר אחר שלא תאמר היאך אני פוגם כבודו של עשיר זה בשביל דינר, אזכנו עכשיו, וכשיצא לחוץ אומר אני לו, תן לו שאתה חייב לו:
You shall not fear any man: Heb. לֹא תָגוּרוּ, meaning you shall not fear. Another explanation: You shall not gather in [stifle] your words because of any man. As in (Prov. 10:5),“It gathers (אוֹגֵר) in summer.” (See Sifrei.)
לא תגורו מפני איש: לא תיראו. דבר אחר לא תגורו, לא תכניס דבריך מפני איש. לשון (משלי י, ה) אוגר בקיץ:
for the judgment is upon the Lord: Whatever you unjustly take from one, you will oblige Me to return to him. Consequently you have perverted a judgment against Me (San. 8a).
כי המשפט לאלהים הוא: מה שאתה נוטל מזה שלא כדין, אתה מזקיקני להחזיר לו, נמצא שהטית (על) [עלי] המשפט:
[And the case that is too difficult for you] bring to me: Because of this [presumptive] statement, Moses forgot the law regarding the daughters of Zelophchad [in Num. 27:1-5](San. 8a). Similarly, Samuel answered Saul and said (I Sam. 9:19),“I am the seer.” Whereupon, the Holy One, blessed is He, said to him, “By your life, I will let you know that you do not [always] see [with the holy spirit].” And when did He let him know [this]? When he came to anoint David, “And he saw Eliab [and] he said, ‘Surely, before the Lord is His anointed’ ” (I Sam. 16:6-7). The Holy One, blessed is He, said to him: “Did you not say, ‘I am the seer?’ Look not upon his appearance.” (Sifrei)
תקרבון אלי: על דבר זה נסתלק ממנו משפט בנות צלפחד, וכן שמואל אמר לשאול (שמואל א' ט, יט) אנכי הרואה, אמר לו הקב"ה, חייך שאני מודיעך שאין אתה רואה. ואימתי הודיעו, כשבא למשוח את דוד (שם טז, ו) וירא את אליאב ויאמר אך נגד ה' משיחו, אמר לו הקב"ה, ולא אמרת אנכי הרואה (שם טז, ז) אל תבט אל מראהו:
18. And I commanded you at that time all the things you should do. יח. וָאֲצַוֶּה אֶתְכֶם בָּעֵת הַהִוא אֵת כָּל הַדְּבָרִים אֲשֶׁר תַּעֲשׂוּן:
[And I commanded you…] all the things which you should do: These are the ten things that distinguish monetary cases from capital cases (Sifrei.).
את כל הדברים אשר תעשון: אלו עשרת הדברים שבין דיני ממונות לדיני נפשות:
19. And we journeyed from Horeb and went through all that great and fearful desert, which you saw, by the way of the mountain of the Amorites, as the Lord, our God, commanded us; and we came up to Kadesh barnea. יט. וַנִּסַּע מֵחֹרֵב וַנֵּלֶךְ אֵת כָּל הַמִּדְבָּר הַגָּדוֹל וְהַנּוֹרָא הַהוּא אֲשֶׁר רְאִיתֶם דֶּרֶךְ הַר הָאֱמֹרִי כַּאֲשֶׁר צִוָּה יְהֹוָה אֱלֹהֵינוּ אֹתָנוּ וַנָּבֹא עַד קָדֵשׁ בַּרְנֵעַ:
[that] great and fearful desert: [It is termed fearful] because in it were serpents as [thick as] beams and scorpions as [big as] bows (Sifrei).
המדבר הגדול והנורא: שהיו בו נחשים כקורות, ועקרבים כקשתות:
20. And I said to you, "You have come to the mountain of the Amorites, which the Lord, our God, is giving us. כ. וָאֹמַר אֲלֵכֶם בָּאתֶם עַד הַר הָאֱמֹרִי אֲשֶׁר יְהֹוָה אֱלֹהֵינוּ נֹתֵן לָנוּ:
21. Behold, the Lord, your God, has set the land before you; go up and possess it, as the Lord, God of your fathers has spoken to you; you shall neither fear nor be dismayed." כא. רְאֵה נָתַן יְהֹוָה אֱלֹהֶיךָ לְפָנֶיךָ אֶת הָאָרֶץ עֲלֵה רֵשׁ כַּאֲשֶׁר דִּבֶּר יְהֹוָה אֱלֹהֵי אֲבֹתֶיךָ לָךְ אַל תִּירָא וְאַל תֵּחָת:
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Daily Tehillim - Psalms Chapters 1-9
Chapter 1
This psalm inspires man to study Torah and avoid sin. One who follows this path is assured of success in all his deeds, whereas the plight of the wicked is the reverse.
1. Fortunate is the man that has not walked in the counsel of the wicked, nor stood in the path of sinners, nor sat in the company of scoffers.
2. Rather, his desire is in the Torah of the Lord, and in His Torah he meditates day and night.
3. He shall be like a tree planted by streams of water, that yields its fruit in its season, and whose leaf does not wither; and all that he does shall prosper.
4. Not so the wicked; rather, they are like the chaff that the wind drives away.
5. Therefore the wicked will not endure in judgement, nor sinners in the assembly of the righteous.
6. For the Lord minds the way of the righteous, but the way of the wicked will perish.
Chapter 2
This psalm warns against trying to outwit the ways of God. It also instructs one who has reason to rejoice, to tremble—lest his sins cause his joy to be overturned.
1. Why do nations gather, and peoples speak futility?
2. The kings of the earth rise up, and rulers conspire together, against the Lord and against His anointed:
3. “Let us sever their cords, and cast their ropes from upon us!”
4. He Who sits in heaven laughs, my Master mocks them.
5. Then He speaks to them in His anger, and terrifies them in His wrath:
6. “It is I Who have anointed My king, upon Zion, My holy mountain.”
7. I am obliged to declare: The Lord said to me, “You are my son, I have this day begotten you.
1
8. Ask of Me, and I will make the nations your inheritance, and the ends of the earth your possession.
9. Smash them with a rod of iron, shatter them like a potter’s vessel.”
10. Now be wise, you kings; be disciplined, you rulers of the earth.
11. Serve the Lord with awe, and rejoice with trembling.
12. Yearn for purity—lest He become angry and your path be doomed, if his anger flares for even a moment. Fortunate are all who put their trust in Him
Chapter 3
When punishment befalls man, let him not be upset by his chastisement, for perhaps--considering his sins—he is deserving of worse, and God is in fact dealing kindly with him.
1. A psalm by David, when he fled from Absalom his son.
2. Lord, how numerous are my oppressors; many rise up against me!
3. Many say of my soul, “There is no salvation for him from God—ever!”
4. But You, Lord, are a shield for me, my glory, the One Who raises my head.
5. With my voice I call to the Lord, and He answers me from His holy mountain, Selah.
6. I lie down and sleep; I awake, for the Lord sustains me.
7. I do not fear the myriads of people that have aligned themselves all around me.
8. Arise, O Lord, deliver me, my God. For You struck all my enemies on the cheek, You smashed the teeth of the wicked.
9. Deliverance is the Lord’s; may Your blessing be upon Your people forever
Chapter 4
This psalm exhorts man not to shame his fellow, and to neither speak nor listen to gossip and slander. Envy not the prosperity of the wicked in this world, rather rejoice and say: “If it is so for those who anger Him . . . [how much better it will be for those who serve Him!”]
1. For the Conductor, with instrumental music, a psalm by David.
2. Answer me when I call, O God [Who knows] my righteousness. You have relieved me in my distress; be gracious to me and hear my prayer.
3. Sons of men, how long will you turn my honor to shame, will you love vanity, and endlessly seek falsehood?
4. Know that the Lord has set apart His devout one; the Lord will hear when I call to Him.
5. Tremble and do not sin; reflect in your hearts upon your beds, and be silent forever.
6. Offer sacrifices in righteousness, and trust in the Lord.
7. Many say: “Who will show us good?” Raise the light of Your countenance upon us, O Lord.
8. You put joy in my heart, greater than [their joy] when their grain and wine abound.
9. In peace and harmony I will lie down and sleep, for You, Lord, will make me dwell alone, in security.
Chapter 5
A prayer for every individual, requesting that the wicked perish for their deeds, and the righteous rejoice for their good deeds.
1. For the Conductor, on the nechilot,1 a psalm by David.
2. Give ear to my words, O Lord, consider my thoughts.
3. Listen to the voice of my cry, my King and my God, for to You I pray.
4. Lord, hear my voice in the morning; in the morning I set [my prayers] before you and hope.
5. For You are not a God Who desires wickedness; evil does not abide with You.
6. The boastful cannot stand before Your eyes; You hate all evildoers.
7. You destroy the speakers of falsehood; the Lord despises the man of blood and deceit.
8. And I, through Your abundant kindness, come into Your house; I bow toward Your holy Sanctuary, in awe of You.
9. Lead me, O Lord, in Your righteousness, because of my watchful enemies; straighten Your path before me.
10. For there is no sincerity in their mouths, their heart is treacherous; their throat is an open grave, [though] their tongue flatters.
11. Find them guilty, O God, let them fall by their schemes; banish them for their many sins, for they have rebelled against You.
12. But all who trust in You will rejoice, they will sing joyously forever; You will shelter them, and those who love Your Name will exult in You.
13. For You, Lord, will bless the righteous one; You will envelop him with favor as with a shield.
Chapter 6
This is an awe-inspiring prayer for one who is ill, to pray that God heal him, body and soul. An ailing person who offers this prayer devoutly and with a broken heart is assured that God will accept his prayer.
1. For the Conductor, with instrumental music for the eight-stringed harp, a psalm by David.
2. Lord, do not punish me in Your anger, nor chastise me in Your wrath.
3. Be gracious to me, O Lord, for I languish away; heal me, O Lord, for my bones tremble in fear.
4. My soul is panic-stricken; and You, O Lord, how long [before You help]?
5. Relent, O Lord, deliver my soul; save me for the sake of Your kindness.
6. For there is no remembrance of You in death; who will praise You in the grave?
7. I am weary from sighing; each night I drench my bed, I melt my couch with my tears.
8. My eye has grown dim from vexation, worn out by all my oppressors.
9. Depart from me, all you evildoers, for the Lord has heard the sound of my weeping.
10. The Lord has heard my supplication; the Lord accepts my prayer.
11. All my enemies will be shamed and utterly terrified; they will then repent and be shamed for a moment.
Chapter 7
Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.
1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion, crushing me with none to rescue.
4. Lord, my God, if I have done this, if there is wrongdoing in my hands;
5. if I have rewarded my friends with evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.
7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.
8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.
10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He Who saves the upright of heart.
12. God is the righteous judge, and the Almighty is angered every day.
13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to fall into the trap he laid.
17. His mischief will return upon his own head, his violence will come down upon his own skull.
18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High
Chapter 8
This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a psalm by David.
2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2
4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember him, son of man that You should be mindful of him?
6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the beasts of the field;
9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your Name throughout the earth.
Chapter 9
One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of Labben, a psalm by David.
2. I will thank the Lord with all my heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I will sing to Your Name, O Most High.
4. When my enemies retreat, they will stumble and perish from before You.
5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked, erased their name for all eternity.
7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He established His throne for judgement.
9. And He will judge the world with justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.
13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,
15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that they made; in the net they concealed their foot was caught.
17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.
18. The wicked will return to the grave, all the nations that forget God.
19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.
This psalm inspires man to study Torah and avoid sin. One who follows this path is assured of success in all his deeds, whereas the plight of the wicked is the reverse.
1. Fortunate is the man that has not walked in the counsel of the wicked, nor stood in the path of sinners, nor sat in the company of scoffers.
2. Rather, his desire is in the Torah of the Lord, and in His Torah he meditates day and night.
3. He shall be like a tree planted by streams of water, that yields its fruit in its season, and whose leaf does not wither; and all that he does shall prosper.
4. Not so the wicked; rather, they are like the chaff that the wind drives away.
5. Therefore the wicked will not endure in judgement, nor sinners in the assembly of the righteous.
6. For the Lord minds the way of the righteous, but the way of the wicked will perish.
Chapter 2
This psalm warns against trying to outwit the ways of God. It also instructs one who has reason to rejoice, to tremble—lest his sins cause his joy to be overturned.
1. Why do nations gather, and peoples speak futility?
2. The kings of the earth rise up, and rulers conspire together, against the Lord and against His anointed:
3. “Let us sever their cords, and cast their ropes from upon us!”
4. He Who sits in heaven laughs, my Master mocks them.
5. Then He speaks to them in His anger, and terrifies them in His wrath:
6. “It is I Who have anointed My king, upon Zion, My holy mountain.”
7. I am obliged to declare: The Lord said to me, “You are my son, I have this day begotten you.
1
8. Ask of Me, and I will make the nations your inheritance, and the ends of the earth your possession.
9. Smash them with a rod of iron, shatter them like a potter’s vessel.”
10. Now be wise, you kings; be disciplined, you rulers of the earth.
11. Serve the Lord with awe, and rejoice with trembling.
12. Yearn for purity—lest He become angry and your path be doomed, if his anger flares for even a moment. Fortunate are all who put their trust in Him
Chapter 3
When punishment befalls man, let him not be upset by his chastisement, for perhaps--considering his sins—he is deserving of worse, and God is in fact dealing kindly with him.
1. A psalm by David, when he fled from Absalom his son.
2. Lord, how numerous are my oppressors; many rise up against me!
3. Many say of my soul, “There is no salvation for him from God—ever!”
4. But You, Lord, are a shield for me, my glory, the One Who raises my head.
5. With my voice I call to the Lord, and He answers me from His holy mountain, Selah.
6. I lie down and sleep; I awake, for the Lord sustains me.
7. I do not fear the myriads of people that have aligned themselves all around me.
8. Arise, O Lord, deliver me, my God. For You struck all my enemies on the cheek, You smashed the teeth of the wicked.
9. Deliverance is the Lord’s; may Your blessing be upon Your people forever
Chapter 4
This psalm exhorts man not to shame his fellow, and to neither speak nor listen to gossip and slander. Envy not the prosperity of the wicked in this world, rather rejoice and say: “If it is so for those who anger Him . . . [how much better it will be for those who serve Him!”]
1. For the Conductor, with instrumental music, a psalm by David.
2. Answer me when I call, O God [Who knows] my righteousness. You have relieved me in my distress; be gracious to me and hear my prayer.
3. Sons of men, how long will you turn my honor to shame, will you love vanity, and endlessly seek falsehood?
4. Know that the Lord has set apart His devout one; the Lord will hear when I call to Him.
5. Tremble and do not sin; reflect in your hearts upon your beds, and be silent forever.
6. Offer sacrifices in righteousness, and trust in the Lord.
7. Many say: “Who will show us good?” Raise the light of Your countenance upon us, O Lord.
8. You put joy in my heart, greater than [their joy] when their grain and wine abound.
9. In peace and harmony I will lie down and sleep, for You, Lord, will make me dwell alone, in security.
Chapter 5
A prayer for every individual, requesting that the wicked perish for their deeds, and the righteous rejoice for their good deeds.
1. For the Conductor, on the nechilot,1 a psalm by David.
2. Give ear to my words, O Lord, consider my thoughts.
3. Listen to the voice of my cry, my King and my God, for to You I pray.
4. Lord, hear my voice in the morning; in the morning I set [my prayers] before you and hope.
5. For You are not a God Who desires wickedness; evil does not abide with You.
6. The boastful cannot stand before Your eyes; You hate all evildoers.
7. You destroy the speakers of falsehood; the Lord despises the man of blood and deceit.
8. And I, through Your abundant kindness, come into Your house; I bow toward Your holy Sanctuary, in awe of You.
9. Lead me, O Lord, in Your righteousness, because of my watchful enemies; straighten Your path before me.
10. For there is no sincerity in their mouths, their heart is treacherous; their throat is an open grave, [though] their tongue flatters.
11. Find them guilty, O God, let them fall by their schemes; banish them for their many sins, for they have rebelled against You.
12. But all who trust in You will rejoice, they will sing joyously forever; You will shelter them, and those who love Your Name will exult in You.
13. For You, Lord, will bless the righteous one; You will envelop him with favor as with a shield.
Chapter 6
This is an awe-inspiring prayer for one who is ill, to pray that God heal him, body and soul. An ailing person who offers this prayer devoutly and with a broken heart is assured that God will accept his prayer.
1. For the Conductor, with instrumental music for the eight-stringed harp, a psalm by David.
2. Lord, do not punish me in Your anger, nor chastise me in Your wrath.
3. Be gracious to me, O Lord, for I languish away; heal me, O Lord, for my bones tremble in fear.
4. My soul is panic-stricken; and You, O Lord, how long [before You help]?
5. Relent, O Lord, deliver my soul; save me for the sake of Your kindness.
6. For there is no remembrance of You in death; who will praise You in the grave?
7. I am weary from sighing; each night I drench my bed, I melt my couch with my tears.
8. My eye has grown dim from vexation, worn out by all my oppressors.
9. Depart from me, all you evildoers, for the Lord has heard the sound of my weeping.
10. The Lord has heard my supplication; the Lord accepts my prayer.
11. All my enemies will be shamed and utterly terrified; they will then repent and be shamed for a moment.
Chapter 7
Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.
1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion, crushing me with none to rescue.
4. Lord, my God, if I have done this, if there is wrongdoing in my hands;
5. if I have rewarded my friends with evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.
7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.
8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.
10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He Who saves the upright of heart.
12. God is the righteous judge, and the Almighty is angered every day.
13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to fall into the trap he laid.
17. His mischief will return upon his own head, his violence will come down upon his own skull.
18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High
Chapter 8
This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a psalm by David.
2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2
4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember him, son of man that You should be mindful of him?
6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the beasts of the field;
9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your Name throughout the earth.
Chapter 9
One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of Labben, a psalm by David.
2. I will thank the Lord with all my heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I will sing to Your Name, O Most High.
4. When my enemies retreat, they will stumble and perish from before You.
5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked, erased their name for all eternity.
7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He established His throne for judgement.
9. And He will judge the world with justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.
13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,
15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that they made; in the net they concealed their foot was caught.
17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.
18. The wicked will return to the grave, all the nations that forget God.
19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.
-------
Tanya Igeret HaTeshuva , beginning of Chapter 10
Lessons in Tanya:
Monday, 1 Av 5774 - 28 July 2014
Today's Tanya
Igeret HaTeshuva , beginning of Chapter 10
The theme of the previous chapter was teshuvah ila'ah and how it finds expression in the “cleaving of spirit to Spirit” — through Torah study, tzedakah and acts of lovingkindness.
והנה תשובה עילאה זו, דאתדבקותא דרוחא ברוחא על ידי תורה וגמילות חסדים
This higher level of teshuvah, the cleaving of spirit to Spirit through the study of Torah and the performance of acts of kindness,
היא בבחינת המשכה מלמעלה למטה
is a matter of eliciting from Above.
Neither Torah study nor acts of lovingkindness elevate a person solely as a result of his own initiative and Divine service. Rather, he is aided from Above to reach an infinitely higher level than he would have attained alone.
להיות דבר ה' ממש בפיו
So that the word of G‑d shall actually be in one's mouth,
this too is a Divine gift.
וכמו שכתוב: ואשים דברי בפיך
As Scripture states,1 “I have placed My words in your mouth.”
Torah study thus accomplishes much more than what man could attain on its own.
Similarly,2
וימינו תחבקני, בגמילות חסדים
“His right hand embraces me,” through man's acts of kindness,
דחסד דרועא ימינא וכו'
for3 “kindness is the [Supernal] right arm….”
With every act of lovingkindness one draws down Divine benevolence: one is embraced by a far loftier level of holiness than he could possibly aspire to by dint of his own spiritual service.
אבל אדם התחתון צריך לילך ממדרגה למדרגה ממטה למעלה
But mortal man must ascend from stage to stage
היא בחינת תשובה עילאה ואתדבקות רוחא ברוחא בכוונת הלב בתפלה
towards this higher level of teshuvah and this “cleaving of spirit to Spirit” through the heart's devoted worship,
ובפרט בקריאת שמע וברכותיה
particularly during Shema and its blessings,
כדי לומר ואהבת וגו' בכל לבבך ובכל נפשך וגו' באמת לאמיתו
so that he might in perfect truth say during the recitation of the Shema,4 “You shall love [the L-rd your G‑d] with all your heart and with all your soul…..”
וכן: והיו הדברים האלה וגו' ודברת בם וגו'
Likewise:5 “These words [which I command you today] shall be [upon your heart]….. And you shall speak of them…..”
All the above verses speak of the study of Torah.6
להיות דבר ה' בפיו באמת
The word of G‑d must truly be in his mouth, [which is the case when one's mouth serves as a vessel for G‑d's word]7
ואין אמת וכו'
and “there is no truth [but Torah].”8
וכן לקיים כל המצות
He must also perform all the mitzvot,
כמו שכתוב: אשר קדשנו במצותיו
as it is written,9 “He has sanctified us with His commandments.”
כמו הרי את מקודשת לי
This [sanctification] has the same sense as in the phrase,10 “You are sanctified unto me” — i.e., separate from all others and wholly sanctified unto G‑d through the performance of His commandments.
היא בחינת קדש העליון
This is the level of Kodesh HaElyon (“Supernal Holiness”), which one draws upon himself through the performance of the mitzvot.
לשון פרישות והבדלה
“Kodesh” translated “holiness” connotes something apart, or transcendent,
שאינו יכול להתלבש תוך עלמין
that cannot be contained within the created worlds, permeating each of them with Divine life-force commensurate with its particular capacity,
משום דכולא קמיה כלא חשיב
since11 “everything is considered as naught before Him.”
Relative to this transcendent level, the differing levels of spirituality of the various created beings are of no consequence.
אלא בבחינת סובב כל עלמין
Rather, this is a level [of holiness] that transcends [lit., “encompasses”] all worlds, and hence affects them all equally from afar, so to speak;
הוא רצון העליון ברוך הוא וכו'
this is [the level of] the Supreme Will, and so on, which is drawn down into this world through the performance of mitzvot,
כמו שכתוב: בלקוטי אמרים פרק מ"ו
as discussed in the first part of Tanya, Likutei Amarim, chapter 46.
וגם אחר התפלה אומרים: אליך ה' נפשי אשא
After prayer as well, we say,12 “To You, O G‑d, I lift my soul,” referring to the initiative of the worshiper below in raising his soul upward to its Source,
דהיינו לאתדבקא רוחא ברוחא כל היום וכו'
so that through the performance of mitzvot spirit will cleave to Spirit throughout the day…..
וכל זה: על ידי ההתבוננות בגדולת אין סוף ברוך הוא
All this is brought about through meditation on the grandeur of the Infinite One,
בהעמקת הדעת בשתים לפניה ובפסוקי דזמרה, כנודע
concentrating the mind deeply during the two blessings preceding Shema and during the preparatory hymns of praise known as pesukei dezimrah, as is known.
Meditating in this fashion gives birth to a love for G‑d, which is translated into the study of the Torah and the performance of mitzvot. This form of Divine service is teshuvah ila'ah that takes the direction called milmata lemala; it works its way upward from the initiative taken by the enterprising worshiper who elevates himself by his own bootstraps.
FOOTNOTES
1. Yeshayahu 51:16.
2. Shir HaShirim 2:6.
3. Introduction to Tikkunei Zohar.
4. Devarim 6:5.
5. Ibid. 6:6-7.
6. Note of the Rebbe: “`For Scripture speaks [here] of the study of the Torah' (Berachot 13b). See [Tanya,] Part I, end of chapter 49.”
7. Tanna devei Eliyahu Zuta, ch. 21.
8. Note of the Rebbe: “See [Tanya,] conclusion of ch. 37.”
9. From the blessing recited before the performance of certain mitzvot.
10. Kiddushin 5b; from the betrothal ceremony.
11. Zohar I, 11b.
12. Tehillim 25:1.
The theme of the previous chapter was teshuvah ila'ah and how it finds expression in the “cleaving of spirit to Spirit” — through Torah study, tzedakah and acts of lovingkindness.
והנה תשובה עילאה זו, דאתדבקותא דרוחא ברוחא על ידי תורה וגמילות חסדים
This higher level of teshuvah, the cleaving of spirit to Spirit through the study of Torah and the performance of acts of kindness,
היא בבחינת המשכה מלמעלה למטה
is a matter of eliciting from Above.
Neither Torah study nor acts of lovingkindness elevate a person solely as a result of his own initiative and Divine service. Rather, he is aided from Above to reach an infinitely higher level than he would have attained alone.
להיות דבר ה' ממש בפיו
So that the word of G‑d shall actually be in one's mouth,
this too is a Divine gift.
וכמו שכתוב: ואשים דברי בפיך
As Scripture states,1 “I have placed My words in your mouth.”
Torah study thus accomplishes much more than what man could attain on its own.
Similarly,2
וימינו תחבקני, בגמילות חסדים
“His right hand embraces me,” through man's acts of kindness,
דחסד דרועא ימינא וכו'
for3 “kindness is the [Supernal] right arm….”
With every act of lovingkindness one draws down Divine benevolence: one is embraced by a far loftier level of holiness than he could possibly aspire to by dint of his own spiritual service.
אבל אדם התחתון צריך לילך ממדרגה למדרגה ממטה למעלה
But mortal man must ascend from stage to stage
היא בחינת תשובה עילאה ואתדבקות רוחא ברוחא בכוונת הלב בתפלה
towards this higher level of teshuvah and this “cleaving of spirit to Spirit” through the heart's devoted worship,
ובפרט בקריאת שמע וברכותיה
particularly during Shema and its blessings,
כדי לומר ואהבת וגו' בכל לבבך ובכל נפשך וגו' באמת לאמיתו
so that he might in perfect truth say during the recitation of the Shema,4 “You shall love [the L-rd your G‑d] with all your heart and with all your soul…..”
וכן: והיו הדברים האלה וגו' ודברת בם וגו'
Likewise:5 “These words [which I command you today] shall be [upon your heart]….. And you shall speak of them…..”
All the above verses speak of the study of Torah.6
להיות דבר ה' בפיו באמת
The word of G‑d must truly be in his mouth, [which is the case when one's mouth serves as a vessel for G‑d's word]7
ואין אמת וכו'
and “there is no truth [but Torah].”8
וכן לקיים כל המצות
He must also perform all the mitzvot,
כמו שכתוב: אשר קדשנו במצותיו
as it is written,9 “He has sanctified us with His commandments.”
כמו הרי את מקודשת לי
This [sanctification] has the same sense as in the phrase,10 “You are sanctified unto me” — i.e., separate from all others and wholly sanctified unto G‑d through the performance of His commandments.
היא בחינת קדש העליון
This is the level of Kodesh HaElyon (“Supernal Holiness”), which one draws upon himself through the performance of the mitzvot.
לשון פרישות והבדלה
“Kodesh” translated “holiness” connotes something apart, or transcendent,
שאינו יכול להתלבש תוך עלמין
that cannot be contained within the created worlds, permeating each of them with Divine life-force commensurate with its particular capacity,
משום דכולא קמיה כלא חשיב
since11 “everything is considered as naught before Him.”
Relative to this transcendent level, the differing levels of spirituality of the various created beings are of no consequence.
אלא בבחינת סובב כל עלמין
Rather, this is a level [of holiness] that transcends [lit., “encompasses”] all worlds, and hence affects them all equally from afar, so to speak;
הוא רצון העליון ברוך הוא וכו'
this is [the level of] the Supreme Will, and so on, which is drawn down into this world through the performance of mitzvot,
כמו שכתוב: בלקוטי אמרים פרק מ"ו
as discussed in the first part of Tanya, Likutei Amarim, chapter 46.
וגם אחר התפלה אומרים: אליך ה' נפשי אשא
After prayer as well, we say,12 “To You, O G‑d, I lift my soul,” referring to the initiative of the worshiper below in raising his soul upward to its Source,
דהיינו לאתדבקא רוחא ברוחא כל היום וכו'
so that through the performance of mitzvot spirit will cleave to Spirit throughout the day…..
וכל זה: על ידי ההתבוננות בגדולת אין סוף ברוך הוא
All this is brought about through meditation on the grandeur of the Infinite One,
בהעמקת הדעת בשתים לפניה ובפסוקי דזמרה, כנודע
concentrating the mind deeply during the two blessings preceding Shema and during the preparatory hymns of praise known as pesukei dezimrah, as is known.
Meditating in this fashion gives birth to a love for G‑d, which is translated into the study of the Torah and the performance of mitzvot. This form of Divine service is teshuvah ila'ah that takes the direction called milmata lemala; it works its way upward from the initiative taken by the enterprising worshiper who elevates himself by his own bootstraps.
FOOTNOTES
1. Yeshayahu 51:16.
2. Shir HaShirim 2:6.
3. Introduction to Tikkunei Zohar.
4. Devarim 6:5.
5. Ibid. 6:6-7.
6. Note of the Rebbe: “`For Scripture speaks [here] of the study of the Torah' (Berachot 13b). See [Tanya,] Part I, end of chapter 49.”
7. Tanna devei Eliyahu Zuta, ch. 21.
8. Note of the Rebbe: “See [Tanya,] conclusion of ch. 37.”
9. From the blessing recited before the performance of certain mitzvot.
10. Kiddushin 5b; from the betrothal ceremony.
11. Zohar I, 11b.
12. Tehillim 25:1.
-------
Rambam:
Daily Mitzvah P107 - Sefer Hamitzvot
Monday, 1 Av 5774 - 28 July 2014
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 107 (Digest)
Ritual Impurity Contracted through Contact with a Corpse
We are commanded regarding the ritual impurity contracted through contact with a human corpse. [I.e., if contracted, one must follow all the laws associated with this impurity.]
The 107th mitzvah1 is that we are commanded regarding the tumah conveyed by a dead body.2 This mitzvah includes all the laws relating to tumas meis.3
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.In the order given here, following the order of Mishneh Torah, P107 is the first of the commandments dealing with tumah and taharah (ritual purity and impurity). In the order of Sefer HaMitzvos, however, P96 is the first of these mitzvos, and there the Rambam gives a general introduction to all these mitzvos.
2.Num. 19:11ff.
3.Such as which parts of the body convey tumah, how it is conveyed, etc. See Hilchos Tumas Meis.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
From "Sefer Hamitzvot in English," published by Sichos in English.
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 107 (Digest)
Ritual Impurity Contracted through Contact with a Corpse
We are commanded regarding the ritual impurity contracted through contact with a human corpse. [I.e., if contracted, one must follow all the laws associated with this impurity.]
The 107th mitzvah1 is that we are commanded regarding the tumah conveyed by a dead body.2 This mitzvah includes all the laws relating to tumas meis.3
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.In the order given here, following the order of Mishneh Torah, P107 is the first of the commandments dealing with tumah and taharah (ritual purity and impurity). In the order of Sefer HaMitzvos, however, P96 is the first of these mitzvos, and there the Rambam gives a general introduction to all these mitzvos.
2.Num. 19:11ff.
3.Such as which parts of the body convey tumah, how it is conveyed, etc. See Hilchos Tumas Meis.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
From "Sefer Hamitzvot in English," published by Sichos in English.
______________
Rambam:
1 Chapter a Day - She'elah uFikkadon - Chapter 4
She'elah uFikkadon - Chapter 4
Halacha 1
The following law applies when a person entrusts an article to a colleague without charge, and it is lost or stolen. The watchman is required to take an oath that the entrusted article was lost or stolen. He is then freed of liability, as Exodus 22:6-7 states: 'If it is stolen from the person's house..., the owner of the house shall approach the court and take an oath that he did not extend his hands to his colleague's undertakings.'
When he takes that oath, based on the convention of gilgul sh'vuah,the watchman must also include in the oath:
a) that he was not negligent, but rather guarded the article in the ordinary manner watchmen do, and
b) that he did not use the article for his personal use before if it was stolen. For if the article was stolen after he used it for his own purposes, he is responsible for it.
Halacha 2
Since the Torah freed an unpaid watchman from responsibility when an article was stolen, we can certainly infer that he is freed of responsibility when the entrusted object is destroyed by major factors beyond the watchman's control; for example, an animal was injured, taken captive or died.
This leniency applies provided that the watchman does not misappropriate the entrusted article. If, however, he misappropriates the entrusted article, he is liable even though it is destroyed by forces beyond his control.
What is meant by 'in the ordinary manner watchmen do'? Everything depends on the entrusted article. There are certain entrusted articles that the manner in which they are watched is by placing them in a gatehouse - for example, beams and rocks. There are other entrusted articles that the manner in which they are watched is by placing them in a courtyard - for example, large packages of flax and the like. There are other entrusted articles that the manner in which they are watched is by placing them in a house - for example, dressings and garments. There are other entrusted articles that the manner in which they are watched is by placing them in a locked chest or a locked cabinet - e.g., silk clothes, silver objects, golden objects, and the like.
Halacha 3
When a watchman placed an object in an inappropriate place and it was stolen from there or lost, he is considered negligent and is required to make restitution. This law applies even if it was destroyed by forces beyond the watchman's control - e.g., a fire broke out and consumed the entire house . It makes no difference whether the watchman placed the entrusted article together with his own property or not. If the place is fit for safekeeping, he is not liable. If it is not fit for safekeeping, he is liable. He may be careless with his own property. He does not have the right to treat another person's property in that manner.
Halacha 4
The only appropriate way of guarding silver coins and dinarim of gold is to bury them in the ground, placing at least a handbreadth of earth over them, or to hide them in a wall within a handbreadth of the ceiling.
They should not be hidden in the midst of the wall, lest the thieves check thereand steal them. Even if a person locked them securely in a chest or hid them in a place where a person would not recognize or be aware of them, he is considered negligent and is liable to make restitution.
Several men of understanding have ruled that the same rules apply with regard to any object that is light and will not be destroyed speedily in the ground - e.g., slabs of silver. Needless to say, this applies to slabs of gold and to jewels. The only appropriate way of guarding such objects is in the ground. I tend to support this ruling.
Halacha 5
When a person entrusts money to a colleague on Friday afternoon between the setting of the sun and the appearance of the stars, the watchman is not obligated to undertake the difficulty of burying it until Saturday night. If, however, he delayed burying it on Saturday night and before he buried it that night, it was stolen or destroyed by factors beyond his control, he is liable. If he is a Torah scholar, the watchman is not liable if he waits until after havdalah to bury it.
Halacha 6
When a person entrusts money to a colleague on a journey to bring to his home, or sends money with him from one place to another, the money must be bound in a packet and held in the watchman's hand or tied on his stomach opposite his faceand carried in this fashion until he reaches his home and buries it in the appropriate manner. If he did not tie it in this manner, even if the money was lost because of factors beyond the watchman's control, he is liable. The rationale is that at the outset, he was negligent.
An incident once occurred concerning a person who entrusted money to a colleague. The colleague placed the money in a partition made from reeds. The money was hidden in the midst of the partition and was stolen from there. When the matter was brought to the Sages, they said: Although this is an excellent manner of guarding to prevent theft,it is not a proper place to guard money in the event of fire. Since he did not bury it in the ground or the walls of a building, he is considered negligent. Whenever a person is negligent in his care for the article at the outset, even if it is ultimately destroyed by forces beyond his control, he is liable. Similar laws apply in all analogous situations.
Halacha 7
The following law applies when a person entrusts either articles or money to a colleague. Should the owner demand of the watchman: 'Give me my entrusted article,' and the watchman tells him: 'I do not know where I placed the entrusted article,' or 'I do not know where I buried the money. Wait; I will look for it, find it and return it to you,' he is considered negligent and is required to make restitution immediately.
Halacha 8
Whenever a person entrusts either articles or money to a colleague, he entrusts them with the understanding that they may be placed in the care of the person's wife, children or other members of his household who are above the age of majority. If, however, the watchman gave the entrusted article to his sons or the members of his household who are below majority, his servants - whether they are above or below majority - or one of his relatives who does not dwell in his home and is not dependent on his larder - needless, to say, this applies if he gives the article to a stranger - he is considered negligent and is required to make restitution, unless the second watchman brings proof that he was not negligent, as we have explained.
An incident occurred with regard to a person who entrusted money to a colleague. The watchman gave the money to his mother, who hid it but did not bury it. Our Sages ruled: The watchman is not liable to pay, because he gave the money to his mother, and whenever a person entrusts an article to a colleague, he entrusts it with the understanding that it may be placed in the care of his sons or the members of his household.
Even though the watchman did not tell his mother that the money was not his, but had been entrusted to him, he is not liable, for he could claim: 'Certainly, she would have cared for it more carefully if she thought it belonged to me.' Similarly, his mother is not liable, because he did not tell her that the money was entrusted to him.
Our Sages ruled: The watchman must take an oath that the money that was entrusted to him was the money that he gave his mother, and the mother must take an oath that she hid it and it was stolen. Afterwards, they are both absolved of liability. Similar laws apply in all analogous situations.
Halacha 9
From the above, one may conclude that should a watchman give an entrusted article to his wife or to the members of his household and inform them that it was an entrusted article, if they did not guard it in a manner appropriate for a watchman, they are liable to pay the owner, and the person originally appointed as a watchman is not liable. The rationale is that whenever a person entrusts either articles or money to a colleague, he entrusts them with the understanding that they may be placed in the care of the person's wife or children.
An incident occurred with regard to a person who entrusted hops to a colleague. That colleague had other hops in his possession. The colleague told his attendant: 'Place these hops into the beer.' The attendant erred and took the hops that had been entrusted instead.
The Sages ruled that the attendant is not liable, because the watchman did not tell him: 'Place these hops, and do not place those hops.' Therefore, the attendant thought that he was merely recommending one pile, but not insisting on it. The owner is also not liable, because he instructed him to take the hops from his own pile. He is required to make restitution only for the benefit he received. Therefore, if the beer becomes vinegar, he is not liable to pay anything. Regardless of the outcome, the watchman is required to take an oath that these in fact were the circumstances. Similar laws apply in all analogous situations.
Halacha 1
The following law applies when a person entrusts an article to a colleague without charge, and it is lost or stolen. The watchman is required to take an oath that the entrusted article was lost or stolen. He is then freed of liability, as Exodus 22:6-7 states: 'If it is stolen from the person's house..., the owner of the house shall approach the court and take an oath that he did not extend his hands to his colleague's undertakings.'
When he takes that oath, based on the convention of gilgul sh'vuah,the watchman must also include in the oath:
a) that he was not negligent, but rather guarded the article in the ordinary manner watchmen do, and
b) that he did not use the article for his personal use before if it was stolen. For if the article was stolen after he used it for his own purposes, he is responsible for it.
Halacha 2
Since the Torah freed an unpaid watchman from responsibility when an article was stolen, we can certainly infer that he is freed of responsibility when the entrusted object is destroyed by major factors beyond the watchman's control; for example, an animal was injured, taken captive or died.
This leniency applies provided that the watchman does not misappropriate the entrusted article. If, however, he misappropriates the entrusted article, he is liable even though it is destroyed by forces beyond his control.
What is meant by 'in the ordinary manner watchmen do'? Everything depends on the entrusted article. There are certain entrusted articles that the manner in which they are watched is by placing them in a gatehouse - for example, beams and rocks. There are other entrusted articles that the manner in which they are watched is by placing them in a courtyard - for example, large packages of flax and the like. There are other entrusted articles that the manner in which they are watched is by placing them in a house - for example, dressings and garments. There are other entrusted articles that the manner in which they are watched is by placing them in a locked chest or a locked cabinet - e.g., silk clothes, silver objects, golden objects, and the like.
Halacha 3
When a watchman placed an object in an inappropriate place and it was stolen from there or lost, he is considered negligent and is required to make restitution. This law applies even if it was destroyed by forces beyond the watchman's control - e.g., a fire broke out and consumed the entire house . It makes no difference whether the watchman placed the entrusted article together with his own property or not. If the place is fit for safekeeping, he is not liable. If it is not fit for safekeeping, he is liable. He may be careless with his own property. He does not have the right to treat another person's property in that manner.
Halacha 4
The only appropriate way of guarding silver coins and dinarim of gold is to bury them in the ground, placing at least a handbreadth of earth over them, or to hide them in a wall within a handbreadth of the ceiling.
They should not be hidden in the midst of the wall, lest the thieves check thereand steal them. Even if a person locked them securely in a chest or hid them in a place where a person would not recognize or be aware of them, he is considered negligent and is liable to make restitution.
Several men of understanding have ruled that the same rules apply with regard to any object that is light and will not be destroyed speedily in the ground - e.g., slabs of silver. Needless to say, this applies to slabs of gold and to jewels. The only appropriate way of guarding such objects is in the ground. I tend to support this ruling.
Halacha 5
When a person entrusts money to a colleague on Friday afternoon between the setting of the sun and the appearance of the stars, the watchman is not obligated to undertake the difficulty of burying it until Saturday night. If, however, he delayed burying it on Saturday night and before he buried it that night, it was stolen or destroyed by factors beyond his control, he is liable. If he is a Torah scholar, the watchman is not liable if he waits until after havdalah to bury it.
Halacha 6
When a person entrusts money to a colleague on a journey to bring to his home, or sends money with him from one place to another, the money must be bound in a packet and held in the watchman's hand or tied on his stomach opposite his faceand carried in this fashion until he reaches his home and buries it in the appropriate manner. If he did not tie it in this manner, even if the money was lost because of factors beyond the watchman's control, he is liable. The rationale is that at the outset, he was negligent.
An incident once occurred concerning a person who entrusted money to a colleague. The colleague placed the money in a partition made from reeds. The money was hidden in the midst of the partition and was stolen from there. When the matter was brought to the Sages, they said: Although this is an excellent manner of guarding to prevent theft,it is not a proper place to guard money in the event of fire. Since he did not bury it in the ground or the walls of a building, he is considered negligent. Whenever a person is negligent in his care for the article at the outset, even if it is ultimately destroyed by forces beyond his control, he is liable. Similar laws apply in all analogous situations.
Halacha 7
The following law applies when a person entrusts either articles or money to a colleague. Should the owner demand of the watchman: 'Give me my entrusted article,' and the watchman tells him: 'I do not know where I placed the entrusted article,' or 'I do not know where I buried the money. Wait; I will look for it, find it and return it to you,' he is considered negligent and is required to make restitution immediately.
Halacha 8
Whenever a person entrusts either articles or money to a colleague, he entrusts them with the understanding that they may be placed in the care of the person's wife, children or other members of his household who are above the age of majority. If, however, the watchman gave the entrusted article to his sons or the members of his household who are below majority, his servants - whether they are above or below majority - or one of his relatives who does not dwell in his home and is not dependent on his larder - needless, to say, this applies if he gives the article to a stranger - he is considered negligent and is required to make restitution, unless the second watchman brings proof that he was not negligent, as we have explained.
An incident occurred with regard to a person who entrusted money to a colleague. The watchman gave the money to his mother, who hid it but did not bury it. Our Sages ruled: The watchman is not liable to pay, because he gave the money to his mother, and whenever a person entrusts an article to a colleague, he entrusts it with the understanding that it may be placed in the care of his sons or the members of his household.
Even though the watchman did not tell his mother that the money was not his, but had been entrusted to him, he is not liable, for he could claim: 'Certainly, she would have cared for it more carefully if she thought it belonged to me.' Similarly, his mother is not liable, because he did not tell her that the money was entrusted to him.
Our Sages ruled: The watchman must take an oath that the money that was entrusted to him was the money that he gave his mother, and the mother must take an oath that she hid it and it was stolen. Afterwards, they are both absolved of liability. Similar laws apply in all analogous situations.
Halacha 9
From the above, one may conclude that should a watchman give an entrusted article to his wife or to the members of his household and inform them that it was an entrusted article, if they did not guard it in a manner appropriate for a watchman, they are liable to pay the owner, and the person originally appointed as a watchman is not liable. The rationale is that whenever a person entrusts either articles or money to a colleague, he entrusts them with the understanding that they may be placed in the care of the person's wife or children.
An incident occurred with regard to a person who entrusted hops to a colleague. That colleague had other hops in his possession. The colleague told his attendant: 'Place these hops into the beer.' The attendant erred and took the hops that had been entrusted instead.
The Sages ruled that the attendant is not liable, because the watchman did not tell him: 'Place these hops, and do not place those hops.' Therefore, the attendant thought that he was merely recommending one pile, but not insisting on it. The owner is also not liable, because he instructed him to take the hops from his own pile. He is required to make restitution only for the benefit he received. Therefore, if the beer becomes vinegar, he is not liable to pay anything. Regardless of the outcome, the watchman is required to take an oath that these in fact were the circumstances. Similar laws apply in all analogous situations.
-------
Rambam:
3 Chapters a Day - Tum'at Met - Chapter 18, Tum'at Met - Chapter 19, Tum'at Met - Chapter 20
Tum'at Met - Chapter 18
Halacha 1
The following rules apply when a person held one hand over a corpse and one hand over keilim or he touched a corpse and held his hand over keilim. If each of his hands cover a handbreadth of space, the keilim are impure. If they are smaller, they are pure.
Similarly, if there are two buildings near each other and there is a portion of a corpse the size of half an olive in each of them and a person inserted one hand into one building and the other into the second building, if each of his hands cover a handbreadth of space, he has joined the impurity together. Everything is considered as one ohel and he and the buildings are impure. If they are smaller, he does not join the impurity together.
Halacha 2
When a person looks out from a window and leans over impurity, he conveys impurity to the house in which he is located. The entire house becomes impure. If he was lying on the doorstep, part of his body being in the house and part being outside the house and impurity was positioned above the portion outside the house, the house is impure, because a person is hollow and the upper portion of his body is a handbreadth high. Since impurity was held over him, it is as if he stood over it and he conveys the impurity.
Similarly, if there was impurity within a house and pure people stood over the portion of a man lying outside, over the doorstep, they are impure. The rationale is that he is considered as if he is covering impurity and a person conveys impurity, but does not intervene against it, as we explained.
Halacha 3
The following rules apply when the people carrying a corpse passed under an exedra, one of them closed the door to a house and locked it with a key so that the house would not become impure or if there was a person inside or outside who closed the door. If the door could stand close by itself, the house is pure. If not, the house is impure. The rationale is that in the latter situation, it was the person who intervened in the face of ritual impurity. As we explained, a person and keilim convey ritual impurity and do not intervene in the face of it.
Halacha 4
When an oven standing in a house has a dome-shaped opening that extends outside, if people carrying a corpse carried it over the opening that extends outside, the oven is impure, but the house is pure. The rationale is that the oven is not upraised above the ground so that it would bring impurity to the house.
When an oversized closet standing in an entrance opens to the outside and there is impurity in it, the house is pure. When there is impurity in the house, what is in the closet is impure, because it is open in the entrance and it is the nature of impurity to depart and not to enter. If its drawer was extended behind it, projecting less than a handbreadth, and could not be separated from the closet and there was impurity there opposite the boards of the roof of the house, the house is pure. The rationale is that even though it projects outward, it cannot be separated and it does not extend a handbreadth. This applies provided it is a handbreadth by a handbreadth and a handbreadth in height. If the drawer does not have an empty space of a handbreadth, the impurity is considered as flush within the house and the house is impure.
If the closet was standing in the house itself and there was impurity in it or in a chest within it, even though there is not an opening of a handbreadth through which the impurity could depart, the house is impure. If there is impurity in the house, everything in the closet is pure. The rationale is that the nature of impurity is to depart and not to enter.
Halacha 5
If there are keilim between the closet and the ground, between it and the wall, or between it and the ceiling, they are impure if there is a handbreadth of empty space there. If not, they are pure, because we considered it is if the beams of the ceiling descend and close the space between it and the closet.
Halacha 6
If there is impurity under the closet, between it and the earth, between it and the boards of the ceilings, or between it and the wall, the house is impure whether there is an open space of a handbreadth or not.
If the closet was standing under the open air and there was impurity in it, the keilim within the breadth of its walls are pure. If there is impurity within the breadth of its walls, the keilim inside of it are pure.
Halacha 7
All the slanted walls of tents are considered as the tents themselves.
What is implied? When a tent slants downward and ends within a fingerbreadth of the ground and there is impurity in the tent, the keilim under the slanted side are impure. If there is impurity under the slanted wall, the keilim in the tent are impure.
If there is impurity within the slanted wall, one who touches its inner side contracts impurity that lasts a week. One who touches its outer side contracts impurity that lasts until the evening, for the outer side of the slanting wall is considered as an k'li that touches a tent that has become impure.
If there is impurity on the outer side of the slanted wall, one who touches its outer side contracts impurity that lasts a week. One who touches the inner side of the slanting wall contracts impurity that lasts until the evening.
If there was half an olive-sized portion of a corpse inside the tent and half behind it, one who touches it - whether from inside or outside - contracts impurity that lasts until the evening. The tent itself contracts impurity that lasts for seven days.
Halacha 8
If the edges of the tent were spread out on the ground and there was impurity on the ground under an edge of the tent spread out or above it, the impurity pierces through and ascends, pierces through and descends.
Tum'at Met - Chapter 19
Halacha 1
The following rules apply with regard to a beehive-like container lying on the ground, in the entrance of a building with its opening facing the outside and an olive-sized portion of a corpse under or on top of the portion outside the building. Whatever is directly under or above the olive-sized portion below or above the container is impure. Whatever is in its inner space is pure except an k'li that is directly above or below the impurity. The building is pure.
If there is impurity in the building, only the building is impure, but keilim that are in the container or under it or above it outside of the building are pure. If there was impurity in the container, everything is impure, i.e., everything in the building and everything in the container, everything above it and everything below it that is opposite the impurity, as we explained.
If the container was raised a handbreadth above the ground and there was impurity under it, in the building, or above it, everything is impure, i.e., everything in the building, everything below it and everything above it. Whatever is in its inner space, by contrast, is pure except an k'li that is directly above or below the impurity. If there was impurity in the container, everything is impure, i.e., everything in the container and everything in the building, everything below it and everything above it. The rationale is that keilim or people who become an ohel over impurity or who have impurity above them convey impurity and do not intervene in the face of it, as we explained.
When does the above apply? When the container is an k'li and hollow. Different laws apply, however, if it was damaged and broken open and the open portion was plugged with straw and thus it is not considered as an k'li, or it was filled with straw so there was not an empty space of a handbreadth by a handbreadth and a handbreadth high, but instead, it was stuffed and there was not an empty space of a handbreadth in one place. If it was a handbreadth raised above the ground and there was impurity under it or in the building, the building and all the space under it are impure, because everything constitutes one ohel. Its inner space and anything on top of it on the outside of the building are pure, because it is considered an ohel of wood and it is not a container. If there was impurity inside of it, only what is inside of it is impure. If the impurity was above it, the space above it until the heavens is impure.
If such a container was placed on the ground, it opened to the outside, and an olive-sized portion of a corpse was under it, the space under it until the depths is impure. If the impurity was above it, the space above it until the heavens is impure. If there was impurity in the building, only the building is impure. If there is impurity within the container, only its inner space is impure.
Halacha 2
When a beehive-like container is lying on the ground in the entrance to a building, it opens up to the inside of the building, it is intact and hollow and there is an olive-sized portion of a corpse below it or above it, everything that is directly below the olive-sized portion of impurity or over it is impure. Everything that is in its inner space is impure except those keilim that are directly above or directly below the impurity and the building is pure.
If it was raised a handbreadth above the ground and there was impurity under it, in it, above it, or in the building, everything is impure: everything that is in the building and everything under it, because it and the building constitute one ohel.
If it was damaged and broken opened and the open portion was plugged with straw or stuffed, was raised a handbreadth above the ground and there was impurity under it, in the building, or in it, everything is impure except the articles above it. If the impurity was above it, the space above the impurity until the heavens is impure, but its inner space is pure and the space under it, the building, and everything in them is pure. Since it is not an k'li, it intervenes in the face of impurity.
If such a container
Halacha 3
The following laws apply when there is a beehive-like container inside a building, it fills the entire height of the building, its opening is positioned toward the ceiling of the building, and it reaches the ceiling so that there is less than a handbreadth of space between it and the ceiling. If there is impurity in it, the building is impure. If there is impurity in the building, its contents are pure. The rationale is that when there is less than a handbreadth of open space, it is the nature of impurity to depart towards the building, but not to enter the container.
This law applies whether the container was standing upright or leaning on its side, with its opening to the wall and there was less than a handbreadth between it and the wall, whether there was one beehive-like container or two beehive-like containers, one above the other, and there was not a handbreadth of empty space between the upper container and the ceiling or the upper container and the wall.
When such a container was standing in the entrance to a building with its opening facing upward and there was less than a handbreadth between it and the lintel, if there is impurity in it, the building is pure. If there is impurity in the building, the contents of the container are impure. The rationale is that it is the nature of impurity to depart and not to enter.
Halacha 4
The following laws apply when there is a hollow beehive-like container that is intact and resting on its side in the open and there is an olive-sized portion of a corpse below it or above it. Anything that is directly above or directly below the olive-size portion is impure. Whatever is within its inner space, is pure except what is directly above or below the impurity. Whatever is not directly above or below the impurity inside the container is pure. If there is impurity inside of it, everything is impure: everything inside of it and everything below the container or above it that is directly above or below the impurity.
If it was raised a handbreadth above the ground and there was impurity under it or above it, everything that is below it and everything that is above it is impure, but everything that is inside of it is pure except an k'li that is directly above or below the impurity.
If there is impurity inside of it, everything is impure, everything inside of it, everything below it, and everything resting upon it from above. The rationale is that keilim convey ritual impurity, but do not intervene in the face of it, as we explained. Accordingly, if this beehive-like container that was lying on the earth was damaged and then plugged with straw or it is an oversized wooden container and there is an olive-sized portion from a corpse under it, anything below it until the depths is impure. If the impurity is on top of it, anything above it until the heavens is impure. If the impurity is inside of it, only the keilim inside of it are impure.
If such a container was raised a handbreadth above the earth that an oversized wooden container is considered as an ohel and not as an k'li. Therefore, it intervenes in the face of impurity.
Halacha 5
When an intact beehive-like container was resting on its base in the open space and there was impurity under it, inside of it, or on top of it, the impurity pierces through and ascends and pierces through and descends. If, however, it was raised a handbreadth above the ground, covered, or standing upside down and there was impurity below it, in it, or above it, everything is impure: everything inside of it, everything below it, everything above it if the impurity was below it, for an k'li conveys ritual impurity and does not intervene in the face of it, as we explained.
Accordingly, if the container was damaged and plugged with straw and there is impurity under it, in it, or above it, the impurity pierces through and ascends and pierces through and descends. If it was raised a handbreadth above the ground
Halacha 6
If there is a camel standing in the open space and there was impurity below it, the keilim above it are pure. If there is impurity above it, the keilim under it are pure. If it was lying down and there was impurity under it, the impurity pierces through and ascends and pierces through and descends. Similarly, if there was impurity flush under its foot or above its foot, the impurity pierces through and ascends and pierces through and descends.
We already explained in Hilchot Nizirut that if a nazirite and an olive-size portion of a corpse were both under a camel, a bed, or another similar k'li, even though he contracts impurity that lasts seven days, he does not shave. From this, we can derive that all of the impurity mentioned with regard to an ohel created by a person, an animal, or an k'li have their source in the words of the Sages. Some of them are part of the Oral Tradition and others are decrees and safeguards. Therefore a nazirite does not shave because of any of these impurities and one is not liable for karet for entering the Temple or partaking of consecrated food. All of the statements regarding the impurity conveyed in this manner are relevant only with regard to the ritual impurity of terumah and sacrificial foods, as we explained.
Tum'at Met - Chapter 20
Halacha 1
There are three conditions that protect an entity located under the same ohel as a corpse from contracting impurity: a sealed covering, an ohel, and the fact that something was swallowed. Being swallowed prevents pure entities from contracting impurity and prevents impurity that was swallowed from departing and spreading that impurity. In contrast, a sealed cover and an ohel prevent pure entities from contracting impurity, but they do not prevent the impurity from departing and causing other entities to become impure.
What is implied? If there is a container that is sealed in a house that is impure, everything in the container is pure. Similarly, if there is an ohel in such a house, all of the keilim in that ohel are pure. If, however, there was an olive-sized portion from a corpse placed in containers that were sealed close and then they were brought into a house, the house is impure. Similarly, if there was one ohel inside another ohel and an olive-sized portion of a corpse in the inner ohel, all of the keilim in the outer ohel are impure.
Halacha 2
In contrast, when entities are swallowed, pure articles are prevented from contracting impurity and impurity is prevented from spreading.
What is implied? When a dog ate the flesh of a human corpse and entered a house, the house is pure. When a ring was swallowed, even by a person, and then the person who swallowed it entered an ohel where a corpse was located, even though the person contracts the impurity that lasts seven days, the ring remains pure. Similarly, the fact that an entity was swallowed by a beast, a domesticated animal, a fowl, or a fish prevents it from contracting impurity as long as they are alive. If, however, they die and the flesh of a human corpse or keilim are in their intestines, it is as if these articles were not swallowed.
Halacha 3
If the majority of one of a fowl's determining signs for ritual slaughter was slit or the majority of both an animal's signs were sli, even though the living beings were still in their death throes, they are considered as dead. They no longer protect the keilim that are swallowed in their intestines, nor do they prevent impurity that is in their intestines from spreading outward and imparting impurity.
Halacha 4
How long may the impurity remain in their intestines and still impart impurity when they die? For a dog three full days, i.e., three twenty-four hour periods. For other wild beasts, domesticated animals, fowl, or fish, one full day.
When does the above apply? When the flesh of the corpse remains in their intestines. If, however, a wolf swallows a baby and then expels it through its anus, the flesh is pure, but the bones are impure.
Halacha 5
Entities that are swallowed are protected from impurity only in the digestive organs of a living creature, as we explained. Those, however, which are concealed in the body of a k'li or a stone are not protected.
What is implied? If there is a spindle in which a metal hook was concealed, into which the iron point was driven, or a brick in which a ring was found that were brought into an ohel in which a corpse was found, the articles are impure even though they are not visible and they are covered. The rationale is that articles encompassed by keilim are protected from impurity only by a sealed cover.
Similarly, if there was a pin or a ring covered in the clay used to reinforce an oven and the oven became impure because it was in an ohel where a corpse was located or a dead crawling animal fell into its inner space, the keilim in the clay become impure. If, however, the oven was sealed close, since the oven itself is pure, the keilim that are covered up by the clay on top of it are also pure.
Similarly, if a jug is sealed close and there is a needle or a ring in the clay sealing at its side, they are impure, and they are not saved in an ohel where a corpse was located. If they were in the sealing of the jug over its opening and they could be seen from the inside of the jug, but do not enter its inner space, they are pure. If they enter its inner space, they are impure. The rationale is that an earthenware container that is sealed close does not protect the keilim that are inside of it, as will be explained. If there is a layer of clay, even as thin as a garlic shell under them, they are pure, even though they project into the inner space of the jug.
Halacha 6
All keilim that are embedded in the earth of a house are impure and they are not protected. The rationale is that the earth of an ohel has the same status of the ohel itself until the very depths of the earth. This does not apply with regard to its walls, as will be explained.
What is implied? If there is impurity in a house and there are keilim embedded in its earth, even if they are deeper than 100 cubits, they are impure. If, however, there is a handbreadth by a handbreadth by a handbreadth of empty space in their place, they are pure, because it is as if they are in another ohel. To what can the matter be compared? To a loft that is built over a house. If there is impurity in the loft, the house is pure.
Similarly, if one divided a house with a partition that runs parallel to the ground and there was impurity between the partition and the earth, the keilim that are in the house above the partition are impure, because an ohel does not prevent the spread of impurity, as we explained. If there was impurity above the partition, the keilim between the partition and the earth are pure, because the ohel protects them. If there is not a space of a handbreadth between the partition and the ground, the keilim are considered as if they are embedded in the earth of the house and they are impure.
Halacha 7
The following laws apply when there is a covered drain extending under a house and the drain is a handbreadth by a handbreadth by a handbreadth and its opening outside the house is a cubic handbreadth in size. If there is impurity in the drainage channel, the house is pure. If there is impurity in the house, the contents of the drainage channel are pure.
If the drain was a cubic handbreadth in size, but its opening on the outside was not a cubic handbreadth in size and there was impurity in it, the house is impure. If there is impurity in the house, the contents of the drainage channel are pure. The rationale is that it is not the way of impurity to enter a secondary entity like a drain.
If the drain was not a cubic handbreadth in size and its opening on the outside was not a cubic handbreadth in size and there was impurity in it, the house is impure. It is as if the impurity is in the house. If there is impurity in the house, the contents of the drain are impure. The rationale is that they are considered like keilim buried in the earth and the earth of a house has the same status as the house itself until the very depths.
Halacha 8
When there are two jugs, each containing half of an olive-sized portion of a corpse and each is sealed close, placed within a house, they are pure, because a partial measure of impurity does not impart impurity. The house is impure, because there is an olive-sized portion of a corpse in the house and a sealed cover does not prevent the spread of impurity outward. The jugs do not become impure because of the house, because they are sealed close. If one of the jugs are open, it and the house are impure and the other jug is pure.
Similarly, if there are two rooms open to each other and to the main room of a house and there is half of an olive-sized portion of a corpse in the inner room or the middle room and half of an olive-sized portion of a corpse in the outer room, the outer room is impure. The inner room and the middle room are pure. If there is half of an olive-sized portion of a corpse in the inner room and half of an olive-sized portion of a corpse in the middle room, the inner room is pure. The middle and the outer rooms are impure, because it is the way of impurity to depart and not to enter.
Halacha 1
The following rules apply when a person held one hand over a corpse and one hand over keilim or he touched a corpse and held his hand over keilim. If each of his hands cover a handbreadth of space, the keilim are impure. If they are smaller, they are pure.
Similarly, if there are two buildings near each other and there is a portion of a corpse the size of half an olive in each of them and a person inserted one hand into one building and the other into the second building, if each of his hands cover a handbreadth of space, he has joined the impurity together. Everything is considered as one ohel and he and the buildings are impure. If they are smaller, he does not join the impurity together.
Halacha 2
When a person looks out from a window and leans over impurity, he conveys impurity to the house in which he is located. The entire house becomes impure. If he was lying on the doorstep, part of his body being in the house and part being outside the house and impurity was positioned above the portion outside the house, the house is impure, because a person is hollow and the upper portion of his body is a handbreadth high. Since impurity was held over him, it is as if he stood over it and he conveys the impurity.
Similarly, if there was impurity within a house and pure people stood over the portion of a man lying outside, over the doorstep, they are impure. The rationale is that he is considered as if he is covering impurity and a person conveys impurity, but does not intervene against it, as we explained.
Halacha 3
The following rules apply when the people carrying a corpse passed under an exedra, one of them closed the door to a house and locked it with a key so that the house would not become impure or if there was a person inside or outside who closed the door. If the door could stand close by itself, the house is pure. If not, the house is impure. The rationale is that in the latter situation, it was the person who intervened in the face of ritual impurity. As we explained, a person and keilim convey ritual impurity and do not intervene in the face of it.
Halacha 4
When an oven standing in a house has a dome-shaped opening that extends outside, if people carrying a corpse carried it over the opening that extends outside, the oven is impure, but the house is pure. The rationale is that the oven is not upraised above the ground so that it would bring impurity to the house.
When an oversized closet standing in an entrance opens to the outside and there is impurity in it, the house is pure. When there is impurity in the house, what is in the closet is impure, because it is open in the entrance and it is the nature of impurity to depart and not to enter. If its drawer was extended behind it, projecting less than a handbreadth, and could not be separated from the closet and there was impurity there opposite the boards of the roof of the house, the house is pure. The rationale is that even though it projects outward, it cannot be separated and it does not extend a handbreadth. This applies provided it is a handbreadth by a handbreadth and a handbreadth in height. If the drawer does not have an empty space of a handbreadth, the impurity is considered as flush within the house and the house is impure.
If the closet was standing in the house itself and there was impurity in it or in a chest within it, even though there is not an opening of a handbreadth through which the impurity could depart, the house is impure. If there is impurity in the house, everything in the closet is pure. The rationale is that the nature of impurity is to depart and not to enter.
Halacha 5
If there are keilim between the closet and the ground, between it and the wall, or between it and the ceiling, they are impure if there is a handbreadth of empty space there. If not, they are pure, because we considered it is if the beams of the ceiling descend and close the space between it and the closet.
Halacha 6
If there is impurity under the closet, between it and the earth, between it and the boards of the ceilings, or between it and the wall, the house is impure whether there is an open space of a handbreadth or not.
If the closet was standing under the open air and there was impurity in it, the keilim within the breadth of its walls are pure. If there is impurity within the breadth of its walls, the keilim inside of it are pure.
Halacha 7
All the slanted walls of tents are considered as the tents themselves.
What is implied? When a tent slants downward and ends within a fingerbreadth of the ground and there is impurity in the tent, the keilim under the slanted side are impure. If there is impurity under the slanted wall, the keilim in the tent are impure.
If there is impurity within the slanted wall, one who touches its inner side contracts impurity that lasts a week. One who touches its outer side contracts impurity that lasts until the evening, for the outer side of the slanting wall is considered as an k'li that touches a tent that has become impure.
If there is impurity on the outer side of the slanted wall, one who touches its outer side contracts impurity that lasts a week. One who touches the inner side of the slanting wall contracts impurity that lasts until the evening.
If there was half an olive-sized portion of a corpse inside the tent and half behind it, one who touches it - whether from inside or outside - contracts impurity that lasts until the evening. The tent itself contracts impurity that lasts for seven days.
Halacha 8
If the edges of the tent were spread out on the ground and there was impurity on the ground under an edge of the tent spread out or above it, the impurity pierces through and ascends, pierces through and descends.
Tum'at Met - Chapter 19
Halacha 1
The following rules apply with regard to a beehive-like container lying on the ground, in the entrance of a building with its opening facing the outside and an olive-sized portion of a corpse under or on top of the portion outside the building. Whatever is directly under or above the olive-sized portion below or above the container is impure. Whatever is in its inner space is pure except an k'li that is directly above or below the impurity. The building is pure.
If there is impurity in the building, only the building is impure, but keilim that are in the container or under it or above it outside of the building are pure. If there was impurity in the container, everything is impure, i.e., everything in the building and everything in the container, everything above it and everything below it that is opposite the impurity, as we explained.
If the container was raised a handbreadth above the ground and there was impurity under it, in the building, or above it, everything is impure, i.e., everything in the building, everything below it and everything above it. Whatever is in its inner space, by contrast, is pure except an k'li that is directly above or below the impurity. If there was impurity in the container, everything is impure, i.e., everything in the container and everything in the building, everything below it and everything above it. The rationale is that keilim or people who become an ohel over impurity or who have impurity above them convey impurity and do not intervene in the face of it, as we explained.
When does the above apply? When the container is an k'li and hollow. Different laws apply, however, if it was damaged and broken open and the open portion was plugged with straw and thus it is not considered as an k'li, or it was filled with straw so there was not an empty space of a handbreadth by a handbreadth and a handbreadth high, but instead, it was stuffed and there was not an empty space of a handbreadth in one place. If it was a handbreadth raised above the ground and there was impurity under it or in the building, the building and all the space under it are impure, because everything constitutes one ohel. Its inner space and anything on top of it on the outside of the building are pure, because it is considered an ohel of wood and it is not a container. If there was impurity inside of it, only what is inside of it is impure. If the impurity was above it, the space above it until the heavens is impure.
If such a container was placed on the ground, it opened to the outside, and an olive-sized portion of a corpse was under it, the space under it until the depths is impure. If the impurity was above it, the space above it until the heavens is impure. If there was impurity in the building, only the building is impure. If there is impurity within the container, only its inner space is impure.
Halacha 2
When a beehive-like container is lying on the ground in the entrance to a building, it opens up to the inside of the building, it is intact and hollow and there is an olive-sized portion of a corpse below it or above it, everything that is directly below the olive-sized portion of impurity or over it is impure. Everything that is in its inner space is impure except those keilim that are directly above or directly below the impurity and the building is pure.
If it was raised a handbreadth above the ground and there was impurity under it, in it, above it, or in the building, everything is impure: everything that is in the building and everything under it, because it and the building constitute one ohel.
If it was damaged and broken opened and the open portion was plugged with straw or stuffed, was raised a handbreadth above the ground and there was impurity under it, in the building, or in it, everything is impure except the articles above it. If the impurity was above it, the space above the impurity until the heavens is impure, but its inner space is pure and the space under it, the building, and everything in them is pure. Since it is not an k'li, it intervenes in the face of impurity.
If such a container
Halacha 3
The following laws apply when there is a beehive-like container inside a building, it fills the entire height of the building, its opening is positioned toward the ceiling of the building, and it reaches the ceiling so that there is less than a handbreadth of space between it and the ceiling. If there is impurity in it, the building is impure. If there is impurity in the building, its contents are pure. The rationale is that when there is less than a handbreadth of open space, it is the nature of impurity to depart towards the building, but not to enter the container.
This law applies whether the container was standing upright or leaning on its side, with its opening to the wall and there was less than a handbreadth between it and the wall, whether there was one beehive-like container or two beehive-like containers, one above the other, and there was not a handbreadth of empty space between the upper container and the ceiling or the upper container and the wall.
When such a container was standing in the entrance to a building with its opening facing upward and there was less than a handbreadth between it and the lintel, if there is impurity in it, the building is pure. If there is impurity in the building, the contents of the container are impure. The rationale is that it is the nature of impurity to depart and not to enter.
Halacha 4
The following laws apply when there is a hollow beehive-like container that is intact and resting on its side in the open and there is an olive-sized portion of a corpse below it or above it. Anything that is directly above or directly below the olive-size portion is impure. Whatever is within its inner space, is pure except what is directly above or below the impurity. Whatever is not directly above or below the impurity inside the container is pure. If there is impurity inside of it, everything is impure: everything inside of it and everything below the container or above it that is directly above or below the impurity.
If it was raised a handbreadth above the ground and there was impurity under it or above it, everything that is below it and everything that is above it is impure, but everything that is inside of it is pure except an k'li that is directly above or below the impurity.
If there is impurity inside of it, everything is impure, everything inside of it, everything below it, and everything resting upon it from above. The rationale is that keilim convey ritual impurity, but do not intervene in the face of it, as we explained. Accordingly, if this beehive-like container that was lying on the earth was damaged and then plugged with straw or it is an oversized wooden container and there is an olive-sized portion from a corpse under it, anything below it until the depths is impure. If the impurity is on top of it, anything above it until the heavens is impure. If the impurity is inside of it, only the keilim inside of it are impure.
If such a container was raised a handbreadth above the earth that an oversized wooden container is considered as an ohel and not as an k'li. Therefore, it intervenes in the face of impurity.
Halacha 5
When an intact beehive-like container was resting on its base in the open space and there was impurity under it, inside of it, or on top of it, the impurity pierces through and ascends and pierces through and descends. If, however, it was raised a handbreadth above the ground, covered, or standing upside down and there was impurity below it, in it, or above it, everything is impure: everything inside of it, everything below it, everything above it if the impurity was below it, for an k'li conveys ritual impurity and does not intervene in the face of it, as we explained.
Accordingly, if the container was damaged and plugged with straw and there is impurity under it, in it, or above it, the impurity pierces through and ascends and pierces through and descends. If it was raised a handbreadth above the ground
Halacha 6
If there is a camel standing in the open space and there was impurity below it, the keilim above it are pure. If there is impurity above it, the keilim under it are pure. If it was lying down and there was impurity under it, the impurity pierces through and ascends and pierces through and descends. Similarly, if there was impurity flush under its foot or above its foot, the impurity pierces through and ascends and pierces through and descends.
We already explained in Hilchot Nizirut that if a nazirite and an olive-size portion of a corpse were both under a camel, a bed, or another similar k'li, even though he contracts impurity that lasts seven days, he does not shave. From this, we can derive that all of the impurity mentioned with regard to an ohel created by a person, an animal, or an k'li have their source in the words of the Sages. Some of them are part of the Oral Tradition and others are decrees and safeguards. Therefore a nazirite does not shave because of any of these impurities and one is not liable for karet for entering the Temple or partaking of consecrated food. All of the statements regarding the impurity conveyed in this manner are relevant only with regard to the ritual impurity of terumah and sacrificial foods, as we explained.
Tum'at Met - Chapter 20
Halacha 1
There are three conditions that protect an entity located under the same ohel as a corpse from contracting impurity: a sealed covering, an ohel, and the fact that something was swallowed. Being swallowed prevents pure entities from contracting impurity and prevents impurity that was swallowed from departing and spreading that impurity. In contrast, a sealed cover and an ohel prevent pure entities from contracting impurity, but they do not prevent the impurity from departing and causing other entities to become impure.
What is implied? If there is a container that is sealed in a house that is impure, everything in the container is pure. Similarly, if there is an ohel in such a house, all of the keilim in that ohel are pure. If, however, there was an olive-sized portion from a corpse placed in containers that were sealed close and then they were brought into a house, the house is impure. Similarly, if there was one ohel inside another ohel and an olive-sized portion of a corpse in the inner ohel, all of the keilim in the outer ohel are impure.
Halacha 2
In contrast, when entities are swallowed, pure articles are prevented from contracting impurity and impurity is prevented from spreading.
What is implied? When a dog ate the flesh of a human corpse and entered a house, the house is pure. When a ring was swallowed, even by a person, and then the person who swallowed it entered an ohel where a corpse was located, even though the person contracts the impurity that lasts seven days, the ring remains pure. Similarly, the fact that an entity was swallowed by a beast, a domesticated animal, a fowl, or a fish prevents it from contracting impurity as long as they are alive. If, however, they die and the flesh of a human corpse or keilim are in their intestines, it is as if these articles were not swallowed.
Halacha 3
If the majority of one of a fowl's determining signs for ritual slaughter was slit or the majority of both an animal's signs were sli, even though the living beings were still in their death throes, they are considered as dead. They no longer protect the keilim that are swallowed in their intestines, nor do they prevent impurity that is in their intestines from spreading outward and imparting impurity.
Halacha 4
How long may the impurity remain in their intestines and still impart impurity when they die? For a dog three full days, i.e., three twenty-four hour periods. For other wild beasts, domesticated animals, fowl, or fish, one full day.
When does the above apply? When the flesh of the corpse remains in their intestines. If, however, a wolf swallows a baby and then expels it through its anus, the flesh is pure, but the bones are impure.
Halacha 5
Entities that are swallowed are protected from impurity only in the digestive organs of a living creature, as we explained. Those, however, which are concealed in the body of a k'li or a stone are not protected.
What is implied? If there is a spindle in which a metal hook was concealed, into which the iron point was driven, or a brick in which a ring was found that were brought into an ohel in which a corpse was found, the articles are impure even though they are not visible and they are covered. The rationale is that articles encompassed by keilim are protected from impurity only by a sealed cover.
Similarly, if there was a pin or a ring covered in the clay used to reinforce an oven and the oven became impure because it was in an ohel where a corpse was located or a dead crawling animal fell into its inner space, the keilim in the clay become impure. If, however, the oven was sealed close, since the oven itself is pure, the keilim that are covered up by the clay on top of it are also pure.
Similarly, if a jug is sealed close and there is a needle or a ring in the clay sealing at its side, they are impure, and they are not saved in an ohel where a corpse was located. If they were in the sealing of the jug over its opening and they could be seen from the inside of the jug, but do not enter its inner space, they are pure. If they enter its inner space, they are impure. The rationale is that an earthenware container that is sealed close does not protect the keilim that are inside of it, as will be explained. If there is a layer of clay, even as thin as a garlic shell under them, they are pure, even though they project into the inner space of the jug.
Halacha 6
All keilim that are embedded in the earth of a house are impure and they are not protected. The rationale is that the earth of an ohel has the same status of the ohel itself until the very depths of the earth. This does not apply with regard to its walls, as will be explained.
What is implied? If there is impurity in a house and there are keilim embedded in its earth, even if they are deeper than 100 cubits, they are impure. If, however, there is a handbreadth by a handbreadth by a handbreadth of empty space in their place, they are pure, because it is as if they are in another ohel. To what can the matter be compared? To a loft that is built over a house. If there is impurity in the loft, the house is pure.
Similarly, if one divided a house with a partition that runs parallel to the ground and there was impurity between the partition and the earth, the keilim that are in the house above the partition are impure, because an ohel does not prevent the spread of impurity, as we explained. If there was impurity above the partition, the keilim between the partition and the earth are pure, because the ohel protects them. If there is not a space of a handbreadth between the partition and the ground, the keilim are considered as if they are embedded in the earth of the house and they are impure.
Halacha 7
The following laws apply when there is a covered drain extending under a house and the drain is a handbreadth by a handbreadth by a handbreadth and its opening outside the house is a cubic handbreadth in size. If there is impurity in the drainage channel, the house is pure. If there is impurity in the house, the contents of the drainage channel are pure.
If the drain was a cubic handbreadth in size, but its opening on the outside was not a cubic handbreadth in size and there was impurity in it, the house is impure. If there is impurity in the house, the contents of the drainage channel are pure. The rationale is that it is not the way of impurity to enter a secondary entity like a drain.
If the drain was not a cubic handbreadth in size and its opening on the outside was not a cubic handbreadth in size and there was impurity in it, the house is impure. It is as if the impurity is in the house. If there is impurity in the house, the contents of the drain are impure. The rationale is that they are considered like keilim buried in the earth and the earth of a house has the same status as the house itself until the very depths.
Halacha 8
When there are two jugs, each containing half of an olive-sized portion of a corpse and each is sealed close, placed within a house, they are pure, because a partial measure of impurity does not impart impurity. The house is impure, because there is an olive-sized portion of a corpse in the house and a sealed cover does not prevent the spread of impurity outward. The jugs do not become impure because of the house, because they are sealed close. If one of the jugs are open, it and the house are impure and the other jug is pure.
Similarly, if there are two rooms open to each other and to the main room of a house and there is half of an olive-sized portion of a corpse in the inner room or the middle room and half of an olive-sized portion of a corpse in the outer room, the outer room is impure. The inner room and the middle room are pure. If there is half of an olive-sized portion of a corpse in the inner room and half of an olive-sized portion of a corpse in the middle room, the inner room is pure. The middle and the outer rooms are impure, because it is the way of impurity to depart and not to enter.
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Hayom Yom
Monday, 1 Av 5774 - 28 July 2014
Today's Hayom Yom
Monday, Menachem Av 1, Rosh Chodesh, 5703
Torah lessons: Chumash: Devarim, Sheini with Rashi.
Tehillim: 1-9.
Tanya: Ch. 10. This superior (p. 377) ...as is known. (p. 379).
The unique quality of Mashiach is that he will be humble. Though he will be the ultimate in greatness, for he will teach Torah to the Patriarchs and to Moshe Rabeinu (alav hashalom),1 still he will be the ultimate in humility and self-nullification, for he will also teach simple folk.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
FOOTNOTES
1. Lit. "Peace upon him"; a term applied to the departed. When referring to Moshe, King David, etc., it is usually written as an Hebrew acronym combined with the initials of the name, e.g. M.R.A.H. Moshe Rabeinu Alav Hashalom.
Torah lessons: Chumash: Devarim, Sheini with Rashi.
Tehillim: 1-9.
Tanya: Ch. 10. This superior (p. 377) ...as is known. (p. 379).
The unique quality of Mashiach is that he will be humble. Though he will be the ultimate in greatness, for he will teach Torah to the Patriarchs and to Moshe Rabeinu (alav hashalom),1 still he will be the ultimate in humility and self-nullification, for he will also teach simple folk.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
FOOTNOTES
1. Lit. "Peace upon him"; a term applied to the departed. When referring to Moshe, King David, etc., it is usually written as an Hebrew acronym combined with the initials of the name, e.g. M.R.A.H. Moshe Rabeinu Alav Hashalom.
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