Today in Jewish History:
Flight from Liadi (1812)
On this date, Rabbi Schneur Zalman of Liadi, who supported and aided the Czar's army during the Napoleonic wars, was forced to flee his hometown from Napoleon's forces which were advancing through White Russia in their push toward Moscow. After five months of wanderings he arrived in the town of Pyena. There he fell ill and, weakened by the tribulations of his flight and the harsh Russian winter, passed away on the 24th of Tevet, 5573 (1812).
Links: The Rebbe vs Napoleon
DAILY QUOTE:
The court is obligated to straighten the roads to the cities of refuge, to repair them and broaden them. They must remove all impediments and obstacles... "Refuge, Refuge" was written at all crossroads so that the murderers should recognize the way and turn there...(Mishneh Torah, Laws Regarding Murder and the Preservation of Life, 8:5)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Shoftim, 2nd Portion (Deuteronomy 17:14-17:20) with Rashi
• Chapter 17
14. When you come to the land the Lord, your God, is giving you, and you possess it and live therein, and you say, "I will set a king over myself, like all the nations around me," יד. כִּי תָבֹא אֶל הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לָךְ וִירִשְׁתָּהּ וְיָשַׁבְתָּה בָּהּ וְאָמַרְתָּ אָשִׂימָה עָלַי מֶלֶךְ כְּכָל הַגּוֹיִם אֲשֶׁר סְבִיבֹתָי:
15. you shall set a king over you, one whom the Lord, your God, chooses; from among your brothers, you shall set a king over yourself; you shall not appoint a foreigner over yourself, one who is not your brother. טו. שׂוֹם תָּשִׂים עָלֶיךָ מֶלֶךְ אֲשֶׁר יִבְחַר יְהֹוָה אֱלֹהֶיךָ בּוֹ מִקֶּרֶב אַחֶיךָ תָּשִׂים עָלֶיךָ מֶלֶךְ לֹא תוּכַל לָתֵת עָלֶיךָ אִישׁ נָכְרִי אֲשֶׁר לֹא אָחִיךָ הוּא:
16. Only, he may not acquire many horses for himself, so that he will not bring the people back to Egypt in order to acquire many horses, for the Lord said to you, "You shall not return that way any more." טז. רַק לֹא יַרְבֶּה לּוֹ סוּסִים וְלֹא יָשִׁיב אֶת הָעָם מִצְרַיְמָה לְמַעַן הַרְבּוֹת סוּס וַיהֹוָה אָמַר לָכֶם לֹא תֹסִפוּן לָשׁוּב בַּדֶּרֶךְ הַזֶּה עוֹד:
he may not acquire many horses for himself: But, only what he needs for his chariots, “so that he will not cause the people to return to Egypt” [to purchase the horses], because horses come from there, as it is said of Solomon (I Kings 10: 29), “And a chariot that went up and left Egypt sold for six hundred shekels of silver, and a horse for one hundred fifty.” - [San. 21b]
לא ירבה לו סוסים: אלא כדי מרכבתו, שלא ישיב את העם מצרימה, שהסוסים באים משם. כמה שנאמר בשלמה, ותעלה ותצא מרכבה ממצרים בשש מאות כסף וסוס בחמשים ומאה (מלכים א' י כט):
17. And he shall not take many wives for himself, and his heart must not turn away, and he shall not acquire much silver and gold for himself. יז. וְלֹא יַרְבֶּה לּוֹ נָשִׁים וְלֹא יָסוּר לְבָבוֹ וְכֶסֶף וְזָהָב לֹא יַרְבֶּה לּוֹ מְאֹד:
And he shall not take many wives for himself: Only eighteen, for we find that David had six wives, and it was told to him [by Nathan the prophet] (II Sam. 12:8):“and if this is too little, I would add for you like them and like them” [totaling eighteen]. — [San. 21a and Sifrei]
ולא ירבה לו נשים: אלא שמונה עשרה, שמצינו שהיו לו לדוד שש נשים, ונאמר לו ואם מעט ואוסיפה לך כהנה וכהנה (שמואל ב' יב ח):
and he shall not acquire much silver and gold for himself: However, he may have what is required to provide for his troops. — [San. 21b]
וכסף וזהב לא ירבה לו מאד: אלא כדי ליתן לאכסניא [לאפסניא]:
18. And it will be, when he sits upon his royal throne, that he shall write for himself two copies of this Torah on a scroll from [that Torah which is] before the Levitic kohanim. יח. וְהָיָה כְשִׁבְתּוֹ עַל כִּסֵּא מַמְלַכְתּוֹ וְכָתַב לוֹ אֶת מִשְׁנֵה הַתּוֹרָה הַזֹּאת עַל סֵפֶר מִלִּפְנֵי הַכֹּהֲנִים הַלְוִיִּם:
And it will be, when he sits [upon his royal throne]: If he does this, he merits that his kingdom will remain established. — [Sifrei]
והיה כשבתו: אם עשה כן כדאי הוא שתתקיים מלכותו:
two copies of this Torah-: Heb. מִשְׁנֵה הַתּוֹרָה i.e., two Torah scrolls, one that is placed in his treasury, and the other that comes and goes with him (San. 21b). [I.e., a small scroll, which the king carries with him. Thus the Talmud derives מִשְׁנֵה from שְׁנַיִם, two.] Onkelos, however, renders פַּתְשֶׁגֶן, copy. He interprets [the word] מִשְׁנֵה in the sense of repeating and uttering. [I.e., one copy of the Torah, which the scribe would write while uttering the words before he writes them, deriving מִשְׁנֵה from שִׁנּוּן, studying .]
את משנה התורה: שתי ספרי תורה. אחת שהיא מונחת בבית גנזיו ואחת שנכנסת ויוצאת עמו. ואונקלוס תרגם פתשגן, פתר משנה לשון שנון ודבור:
19. And it shall be with him, and he shall read it all the days of his life, so that he may learn to fear the Lord, his God, to keep all the words of this Torah and these statutes, to perform them, יט. וְהָיְתָה עִמּוֹ וְקָרָא בוֹ כָּל יְמֵי חַיָּיו לְמַעַן יִלְמַד לְיִרְאָה אֶת יְהֹוָה אֱלֹהָיו לִשְׁמֹר אֶת כָּל דִּבְרֵי הַתּוֹרָה הַזֹּאת וְאֶת הַחֻקִּים הָאֵלֶּה לַעֲשׂתָם:
the words of [this] Torah: [This is to be understood] according to its apparent meaning [namely a commandment written in the Torah].
דברי התורה: כמשמעו:
20. so that his heart will not be haughty over his brothers, and so that he will not turn away from the commandment, either to the right or to the left, in order that he may prolong [his] days in his kingdom, he and his sons, among Israel. כ. לְבִלְתִּי רוּם לְבָבוֹ מֵאֶחָיו וּלְבִלְתִּי סוּר מִן הַמִּצְוָה יָמִין וּשְׂמֹאול לְמַעַן יַאֲרִיךְ יָמִים עַל מַמְלַכְתּוֹ הוּא וּבָנָיו בְּקֶרֶב יִשְׂרָאֵל:
and so that he will not turn away from the commandment: Not even from a minor commandment of a prophet.
ולבלתי סור מן המצוה: אפילו מצוה קלה של נביא:
in order that he may prolong [his] days [in his kingdom]: From this positive statement, one may understand the negative inference [i.e., if he does not fulfill the commandments, his kingdom will not endure]. And so we find in the case of Saul, that Samuel said to him, “Seven days shall you wait until I come to you to offer up burnt-offerings” (I Sam. 10:8), and it is stated, “And he waited seven days” (I Sam. 13:8), but Saul did not keep his promise and neglected to wait the entire [last] day. He had not quite finished sacrificing the burnt-offering, when Samuel arrived and said to him (I Sam 13:13-14),“You have acted foolishly; you have not kept [the commandment of the Lord your God, which He commanded you…] so now your kingdom will not continue” (I Sam 13:13-14). Thus we learn, that for [transgressing] a minor commandment of a prophet, he was punished.
למען יאריך ימים: מכלל הן אתה שומע לאו. וכן מצינו בשאול שאמר לו שמואל שבעת ימים תוחל עד בואי אליך (שמואל א' י, ח) להעלות עולות וכתיב ויוחל שבעת ימים (שמואל א' יג, ח) ולא שמר הבטחתו לשמור כל היום, ולא הספיק להעלות העולה עד שבא שמואל ואמר לו נסכלת לא שמרת וגו' ועתה ממלכתך לא תקום (שם יג ז - יד). הא למדת, שבשביל מצוה קלה של נביא נענש:
he and his sons: [This] tells [us] that if his son is worthy of becoming king, he is given preference over any [other] person. — [Hor. 11b]
הוא ובניו: מגיד שאם בנו הגון למלכות הוא קודם לכל אדם:
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Daily Tehillim: Psalms Chapters 140-144
• Chapter 140
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
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Tanya: Iggeret HaKodesh, end of Epistle 9
• Lessons in Tanya
• Today's Tanya Lesson
Monday, Menachem Av 29, 5774 • August 25, 2014
Iggeret HaKodesh, end of Epistle 9
על כן אהוביי אחיי
Therefore, my beloved ones, my brethren:
שימו נא לבבכם לאלה הדברים הנאמרים בקצרה מאד
Direct your hearts to these words which are expressed very briefly,
ואם ירצה ה׳, פנים אל פנים אדבר בם בארוכה
(1and face to face, please G‑d, I will speak of them at length) —
איך היות כל עיקר עבודת ה׳ בעתים הללו, בעקבות משיחא, היא עבודת הצדקה
how in these times, when the approaching footsteps of Mashiach are close upon us, the principal service of G‑d is the service of charity.
כמו שאמרו רז״ל: אין ישראל נגאלין אלא בצדקה
As our Sages, of blessed memory, said:2 “Israel will be redeemed only through charity.”
ולא אמרו רז״ל: תלמוד תורה שקול כנגד גמילות חסדים
Our Sages, of blessed memory, did not say that the study of Torah is equivalent to the performance of acts of lovingkindness,
The Mishnah states in Peah:3 “The study of Torah is equivalent to them all,” i.e., to all the mitzvot previously enumerated in the Mishnah, and these include gemilut chassadim, the performance of acts of lovingkindness,
אלא בימיהם
except in their own days.
שתלמוד תורה היה עיקר העבודה אצלם, ועל כן היו חכמים גדולים, תנאים ואמוראים
For with them the principal area of divine service was the study of the Torah, which is why at that time there were great scholars: tannaim and amoraim.
מה שאין כן בעקבות משיחא
However, in a time when the approaching footsteps of Mashiach are close upon us,
שנפלה סוכת דוד עד בחינת רגלים ועקביים, שהיא בחינת עשיה
as “the Sukkah of David has fallen” to a level of “feet” and “heels”, i.e., to the level of Asiyah,
I.e., the Sefirah called Malchut of Atzilut, the Shechinah that vests itself in the lower Worlds of Beriah, Yetzirah and Asiyah — also known as the “Sukkah of David,” for David, as the King of Israel, was a merkavah to Malchut of Atzilut — has fallen to the lowest level of Asiyah.
אין דרך לדבקה בה באמת
there is no way of truly cleaving unto it, i.e., to the Shechinah,
ולהפכא חשוכא לנהורא דילה
and transforming the darkness of the world into its light,4
כי אם בבחינת עשיה גם כן
except through a corresponding category of action, and not through intellect and speech alone, as in Torah study,
שהיא מעשה הצדקה
namely, the act of charity.
But why is charity unique among all the many commandments that involve action?
כידוע למשכילים, שבחינת עשיה באלקות היא בחינת השפעת והמשכת החיות למטה מטה, למאן דלית ליה מגרמיה כלום
As is known to the scholarly, “action” with reference to Divinity is the diffusion and downward flow of vitality to the lowest depths — to him who has nothing of his own.
Among the currents of Divine influence that descend into the various worlds, there are those that are called “thought” and “speech”. The flow of vitality to the very lowest level — to the World of Asiyah, where G‑dliness is not at all manifest — is called “action”.
The act of giving tzedakah thus truly corresponds to the spiritual level of Asiyah, inasmuch as it too provides beneficence to one “who has nothing of his own.”
וכל הזובח את יצרו בזה
And whoever sacrifices his impulse in this respect, i.e., with respect to charity,
ופותח ידו ולבבו
and opens his hand and heart,
אתכפיא סטרא אחרא
[thereby] causes5 “the other [i.e., evil] side” of the universe to be subjugated,
ומהפך חשוכא לאור ה׳ יתברך, השוכן עלינו בבחינת עשיה בעקבות משיחא
and6 “converts the darkness into the light” of G‑d, blessed be He, Who, in the time when the footsteps of Mashiach are close upon us, dwells over us in a state of action;
ויזכה לראות עין בעין, בשוב ה׳ ציון כו׳
moreover, he will merit to7 “behold Eye to eye, G‑d returning to Zion....”
At that time the physical eye, though yet retaining its physicality, will behold G‑dliness as it is beheld by the Supernal Eye. Thus, within the physicality of the World of Asiyah, there will be revealed the level of certainty in spiritual perception which is called vision — a level that far surpasses the furthest attainments of the intellect.
FOOTNOTES
1. Parentheses are in the original text.
2. Note of the Rebbe: “See Rambam, Hilchot Matnot Aniyim, beginning of ch. 10; quoted in Tur, Yoreh Deah, beginning of sec. 247. The above quotation does not refer to the similar teaching in the Talmud (Shabbat 139a; Sanhedrin 98a), for there the verb is נפדה [whereas our text reads נגאלין]. Very often, as is well known, the commentators {(the Radbaz and the Kesef Mishneh and the Glosses on the Tur) who give the teaching of Ulla in the Talmud (loc. cit.) as Rambam’s source} do not intend to quote the exact wording of a particular teaching, but rather to cite its content. See also the halachah that immediately follows this statement in the Rambam, and the above-named commentaries on it.“
As to Mesoret HaShas and the other authorities who argue that the Rambam had before him the text ‘Israel’ (in place of ‘Jerusalem’) in the Talmud, they speak only of the one word ‘Israel’, and such a variant reading is to be found elsewhere — in Ein Yaakov. A version that would include nigalin, however, I have yet to find in the Talmud or in Yalkut Shimoni.
Moreover, it is more improbable to postulate that the Rambam had a variant reading that is not at all extant, than to assume that the Rambam is more explicit than the Talmud, for which reason he very understandably writes nigalin.”
3. 1:1.
4. V.L.: לנהורא דיליה (“to his light”).
5. Cf. Likkutei Amarim, Part I, ch. 27.
6. Cf. Likkutei Amarim, Part I, ch. 27.
7. Yeshayahu 52:8.
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Rambam:
• Daily Mitzvah P98 - Sefer Hamitzvos:
Monday, Menachem Av 29, 5774 • August 25, 2014
Today's Mitzvah
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 98 (Digest)
Ritual Impurity of Food and Drink
We are commanded regarding food and drink that have contracted ritual impurity. [I.e., one must follow all the laws associated with this impurity.]
The 98th mitzvah is that we are commanded to rule according to the appropriate laws regarding the tumah of food and drink.1 This mitzvah includes all the laws of tumas ochlin u'mashkin.2
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 11:34.
2.See Hilchos Ochlin 1:1-4.
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Rambam:
• 1 Chapter a Day: Malveh veLoveh - Chapter 24Malveh veLoveh - Chapter 24
Halacha 1
We have already explained that a promissory note concerning a loan that was affirmed by a kinyan may be composed for a borrower even when the lender is not together with him. Similarly, we compose a deed of sale for a seller even though the purchaser is not together with him. And we compose a receipt for a lender even though the borrower is not together with him. We compose a receipt for a woman even though her husband is not together with her, and a bill of divorce for a man even though his wife is not with him.
We do not compose legal documents for consecration and marriage, sharecropping agreements, business contracts," the choice of judges, the claims of the litigants, and any act of court without the consent of both principals. It is necessary to be careful about all the particulars of the composition of these documents, as is the case with regard to other legal documents.
Halacha 2
Who must pay the scribe's fee for the composition of these documents? With regard to promissory notes, the borrower must pay. With regard to deeds of sale, the purchaser must pay. The woman must pay the fee for the bill of divorce. The groom must pay the fee for documents for consecration and marriage. The recipient of the field, the sharecropper, or the worker must pay the fee for the composition of a contract. With regard to the document recording the choice of judges and the claims of litigants, both parties must share the fee.
Halacha 3
The following law applies both to legal documents composed for one of the parties when the other is not present, and legal documents that can be composed only when both consent and both are present - e.g., a promissory note written at the request of the lender, or a deed of sale written at the request of the purchaser. In all instances, the witnesses must recognize the identity of the individuals mentioned in the legal document, that this is so-and-so, the son of so-and-so, and that this is so-and-so, the son of so-and-so. This is necessary, lest two individuals come and try to perpetrate deceit, changing their names to the names of other people, and then acknowledge obligations to each other.
Halacha 4
Whenever a person has established a name for 30 days in a city, we do not suspect that he has another name and has changed his name to perpetrate deceit. For if we would raise such suspicions, there would be no end to the matter.24
Therefore, if a person who has not established has name in a city for 30 days comes and asks: "Write a promissory note for me that I am obligated to so-and-so" - or "... to this person for these and these many dinarim" we do not compose such a document for him unless he brings proof that this is his name, or he waits until his identity is established.
Halacha 5
The following laws apply when there is a dispute with regard to any promissory note produced before us. For example, the borrower claims: "I do not owe anything. Maybe a charlatan pretended that his name was my name and acknowledged owing money to this person." Or he might claim: "I do not owe anything to this person, but rather to another person. This plaintiff is a charlatan in claiming that his name is the same as the name of the person to whom I owe." Since it has not been established that there are two people in that city with the same name, we pay no attention to his claim. For it is an accepted presumption that witnesses will not sign a legal document unless they know the identity of the people mentioned within it.
Similarly, it is an accepted presumption that witnesses will not sign a legal document unless they know with certainty that the persons making the statements concerning themselves are adults and mentally competent. And witnesses will not sign a legal document unless they know how to read and sign their names.
Halacha 6
When witnesses do not know how to sign their names, and the names of the witnesses were cut out from a blank paper and placed over the legal document, and then the witnesses "signed" with this script, they are given stripes for rebellious conduct, and the promissory note is unacceptable.
Halacha 7
When the head of a court of law knows about the general circumstances described in a legal document, he may sign it even though he does not read it himself, but instead, it was read to him by one of his scribes. The rationale is that the head of the court trusts the scribe, and the scribe is afraid. No other person can do this. A witness may not sign a legal document until he reads it word for word.
Halacha 8
The following laws apply when there are two people in a city, each named Yosef, the son of Shimon. Neither of them can demand payment from the other on the basis of a promissory note that he produces, nor can a third party demand payment from either of them on the basis of a promissory note that he produces unless the witnesses who signed the promissory note come themselves and testify: "This is the promissory note concerning which we testified, and this is the person concerning whom we testified regarding the loan."43
Similarly, such individuals cannot divorce their wives unless they do so in the presence of the other individual with the same name. Similarly, if a person finds a receipt among his legal documents saying, "The promissory note concerning the debt owed to Yosef, the son of Shimon, has been paid," the debts recording in the promissory notes this person owes to both of these individuals with the same name are considered to be paid.
What should people whose names and the names of their parents are alike do to enable them to compose valid legal documents? They should write the third generation as identification in the legal document. If the names of their grandparents are the same, they should write a sign. If the signs also looked alike, they should write their family lineage. If they were both priests or both Levites, they should write further generations.
Halacha 9
The following laws apply when a person produces a promissory note against a colleague that states: "I, so-and-so, the son of so-and-so, borrowed a maneh from you." Although the name of the lender is not mentioned in the promissory note, any person who produces this promissory note from his possession can expropriate payment with it. The borrower cannot rebuff the plaintiff by saying that the promissory note belonged to another person from whom it fell.
Similarly, when there are two people named Yosef, the son of Shimon, dwelling in the same city and one of them produces a promissory note against one of the inhabitants of the city, the defendant cannot rebuff him by saying: "I am obligated to so-and-so whose name is the same as yours and this promissory note fell from him." Instead, the person who produced the promissory note may use it to collect the debt. We do not suspect that the promissory note fell.
Halacha 10
The following laws apply when two persons produce promissory notes against each other. The latter cannot tell the first: "If I owed you money, why would you borrow from me?" Instead, each one is entitled to collect the debt mentioned in his promissory note.
If both of the promissory notes were for 100 zuz, both of the principals possessed property of equivalent value, be it property of superior quality, property of intermediate quality, or property of inferior quality, we do not attend to them. Instead, each person remains with what he possesses. If one possesses property of superior quality and property of intermediate quality, and the other only property of inferior quality, the one should expropriate the property of intermediate quality, and the other should expropriate the property of inferior quality.
Halacha 11
The following laws apply when a person produces a promissory note against a colleague and that person produces a deed of sale, stating that the alleged lender sold him a field. If they are in a place where the purchaser pays the money, and afterwards the seller writes the deed of sale, the promissory note is invalidated. The rationale is that the borrower will tell the alleged lender: "If I was indebted to you, you should have used the money to pay the debt."
In a place where the deed of sale is composed and then the money is paid, however, the promissory note is viable. For the alleged lender can claim: "I sold you the field so that you would have known property from which I could collect my debt if you claimed bankruptcy."
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Rambam:
• 3 Chapters a Day: Tum'at Okhalin - Chapter 13, Tum'at Okhalin - Chapter 14, Tum'at Okhalin - Chapter 15
Tum'at Okhalin - Chapter 13
Halacha 1
When a person draws water with a cylinder, the water remaining in the cylinder is considered as having been willfully uprooted for three days. After being left for three days, however, it is not considered to have been uprooted willfully. Instead, if liquid remains there, it does not make foods subject to impurity.
Halacha 2
When wood was exposed to liquids willfully, but rain fell upon it against the person's will, if there was more rain than liquid, all of the liquid on the wood is considered to have come against the person's will. If he brought wood out so that the rain would fall upon it, even though there is a majority of rainwater, all of the liquid is considered as having been poured on the wood willfully.
When a person's feet or the feet of his animal were filled with mud and he crossed a river and rinsed them, if he was happy, the water on his or their feet is considered to have been uprooted willfully. If he was not happy, they are not considered as uprooted willfully.
Halacha 3
When a person brings wooden wheels and implements used for oxen into water during the summer when the east wind blows so that the cracks in the wood will seal, the water that ascends with them is considered as having been uprooted willfully.
Halacha 4
When a person leads an animal down to a stream to drink, the water that ascend with its mouth is considered as having been uprooted willfully. The water that ascends on its feet are not considered as having been uprooted willfully, unless he had the intent that its feet be rinsed. When the animal's feet are diseased, and in the threshing season, even the water on its feet is considered as having been uprooted willfully.
If a deafmute, a mentally or emotionally compromised person, or a minor brought the animal to drink, even if he intended that its feet be washed, the water that ascends on its feet is not considered to have been uprooted willfully, because the deeds of such individuals are halachically significant, but their intent is not.
Halacha 5
When a person immerses himself in water, the water on his body is considered to have been uprooted willfully. If, however, one passes through water, all of the water on his body is not considered to have been willfully uprooted.
Halacha 6
When a person immerses himself in a river and there was another river before him and he crossed it, the second water nullifies the presence of the first water and the water on his body is not considered as having been uprooted willfully.
Similarly, if a person's friend pushed him or his animal into a pool, the presence of the first water is nullified. If, however, he pushed him in jest, the second water does not nullify the first and the water that is on his body is considered as having been uprooted willfully.
If a person immerses himself in a river and ascended and then, rain fell upon him, should there be more rainwater than river water on his body, the rainwater nullifies the presence of the first water and the water on his body is not considered as having been uprooted willfully.
Halacha 7
When a person is swimming on the surface of water, the water he splashes is not considered as having been uprooted willfully. The water on his body, however, is considered as having been uprooted willfully. If he intended to splash water on a friend, the water he splashes is considered as uprooted willfully.
Halacha 8
When a person makes a squirting spout in the water, the water squirted from it and within it are not considered as uprooted willfully.
Halacha 9
When a person measures a cistern to find out how deep it is, the water that ascends on his hand and on the article with which he measures is considered as having been uprooted willfully. If he measures its width, the water that ascends on his hand and on the article with which he measures is not considered as having been uprooted willfully.
If a person extends his hand or foot into a cistern to see whether it contains water, the water that ascends on his hand or foot is not considered as having been uprooted willfully. If he extends them to see how much water is there, the water that ascends on his hand or foot is considered as having been uprooted willfully. If he casts a stone into a cistern to see if it contains water, the water that is splashed is not considered as uprooted willfully. Similarly, the water on the stone is not considered as uprooted willfully.
Halacha 10
If a person beats a hide from which the wool has not been separated while it is outside the water, the water that is expelled from is considered as having been uprooted willfully, for his desire is that the water be expelled. If, however, he beats it while it is in the water, the water is not considered as having been uprooted willfully.
Halacha 11
The water that ascends on a ship, its reservoir, and its oars is not considered to have been uprooted willfully. Similarly, the water on the snares, nets, and meshes is not considered to have been uprooted willfully. If one shakes them out, it is considered to have been uprooted willfully.
Similarly, the water on the table-coverings or coverings for bricks is not considered to have been uprooted willfully. If one shakes them out, it is considered to have been uprooted willfully.
Halacha 12
When a person takes a ship out to the Mediterranean Sea to strengthen it, takes a peg out to the rain to harden it, or takes a firebrand out to the rain to make it a coal, the water on them is considered to have been uprooted willfully. If, however, one takes a glowing peg or a firebrand out to the rain to quench their fire, the water on them is not considered to have been uprooted willfully.
Halacha 13
When one lowers a chain with a hook into a cistern to lift up a container or a pitcher or one lowered a basket into a cistern so that a chicken would sit on it, the water on these objects is not considered to have been uprooted willfully.
Halacha 14
When one smoothes out cress to remove the water on it or one squeezes the water on his hair into his garments, the water that emerges is considered to have been uprooted willfully. The water that remains is not considered to have been uprooted willfully, because he desired that all of the water be purged originally.
The cress itself becomes susceptible to impurity, because the water makes it susceptible to impurity when it departs. If he removed the water from it with all his power, it does not become susceptible to impurity.
Halacha 15
When a person shakes a tree to cause food that had been placed there or an impure object to descend, the water which sputters from it is not considered to have been uprooted willfully. If he shook it to remove the liquids, the liquids that fall are considered to have been uprooted willfully. The liquids that remain inside it are not considered to have been uprooted willfully even though they moved from place to place, because his intent was that they be removed entirely. Similarly, if the liquids sputter on produce that is connected to the ground, they are not considered to have been uprooted willfully.
Halacha 16
When a person shakes a tree and water from it falls on another tree or a branch and then the water fell on other branches under which there were plants and vegetables attached to the ground, the water on the plants or the vegetables are not considered to have been uprooted willfully.
Halacha 17
As explained in Hilchot Terumot , when one poured water over wine dregs that were terumah, the first and second batches produced are forbidden to non-priests. If the dregs had come from grapes consecrated for improvements for the Temple, even the third batch is forbidden. And if the grapes were consecrated for use for the Altar, all mixtures are forbidden. If the grapes are definitely from the second tithe, only the first batch is forbidden.
Just as these groundrules were established with regard to prohibitions, so too, they are applied with regard to the mixture making foods susceptible to ritual impurity. For example, water became mixed with dregs on its own accord and an animal drank one mixture after another. An animal is mentioned, because if, by contrast, a person would remove the first water, even though the water fell on its own accord, since a person gave thought to it and objected to its presence, it is considered significant and imparts impurity.
Tum'at Okhalin - Chapter 14
Halacha 1
When water from a drainpipe descends into produce and the owner mixed the produce so that it would dry, the produce does not become susceptible to impurity.
Halacha 2
When a person brings his produce to the roof so that it does not become worm-infested and dew descends upon it, it does not become susceptible to impurity. If he intended that the dew descend upon it, it becomes susceptible to impurity. Therefore, if a deafmute, a intellectually or emotionally compromised individual, or a minor brought the produce up to the roof, even if they had the intent that dew descend upon it, it does not become susceptible to impurity. The rationale is that their deeds are significant according to Scriptural Law, but their intent is not significant, even according to Rabbinic Law.
If minors turned the produce over on the roof, it becomes susceptible to impurity. For if the intent of a minor is obvious from his actions, his intent has an effect according to Rabbinic Law.
Halacha 3
When a person brings bundles of vegetables, dried figs, or garlic to a roof so that they will be preserved and dew descended upon them, they do not become susceptible to ritual impurity. We do not say that since everyone knows that dew will descend, it is as if he willfully exposed them to water. The rationale is that he brought them up to the roof solely so that they should be preserved.
Halacha 4
When a person brings wheat to be ground into flour and rain falls upon it, if he was happy, it becomes susceptible to impurity. When his olives had been placed on the roof and rain descended, if he was happy, they were made susceptible to impurity. When donkey-drivers were crossing a river and their sacks fell into the water, and they lifted them up, if they were happy that the produce became wet, the produce was made susceptible to impurity. The water that is on the sacks is considered as having been uprooted willfully, for they were happy that the sacks became wet.
Halacha 5
When a sack that was filled with seeds and was placed on the edge of a river, at the opening to a cistern, or on the steps leading to a storage cavern of water, if they absorbed water, they become susceptible to impurity.
Halacha 6
When an earthenware jug containing produce was placed in liquids or a jug containing liquids was placed among produce and the produce absorbed the liquids, it becomes susceptible to impurity.
With regard to which liquids was the above said: With regard to water, wine, and vinegar. Other liquids are not absorbed through the walls of earthenware containers causing produce to be made susceptible to ritual impurity.
Halacha 7
The following rules apply when a person removes a hot loaf of bread from an oven and places it on the opening of a jug of wine: If the loaf was from wheat flour, it does not become susceptible to impurity. If it was from barley flour, it does become susceptible to impurity, because barley is absorbent. Similarly, if the wine was impure, if the loaf was from wheat, it is pure. If it was from barley, it becomes impure, because it absorbed impure liquids.
Halacha 8
When a person sprinkles water on the floor of his house and then placed wheat upon it and it became moist, if it became moist because of the water, it becomes susceptible to impurity. If it became moist because of the stone, it does not become susceptible to impurity.
When a person washes his garment in a kneading trough and afterwards he placed wheat in it and it became moist, if it became moist because of the water, it becomes susceptible to impurity. If it became moist because of the kneading trough, it does not become susceptible to impurity.
Halacha 9
When a person buries his produce in sand so that it will become moist, it becomes subject to impurity. When he buries it in dry mud, if the mud is moist enough that a hand that touches it will become wet, the produce becomes subject to impurity. If not, it does not.
Halacha 10
When a person sprinkles water on his grainheap, he need not worry that his wheat became susceptible to impurity if the kernels came in contact with water even though he is satisfied that this happened.
Halacha 11
When a person gathers grasses upon which dew had descended to use for covering wheat, the wheat does not become susceptible to impurity. If this was his intent, it does become susceptible.
Halacha 12
When a person sprinkles impure water on the floor of his house and then placed stalks of grain there and they become moist, they become impure if there is enough moisture upon them that the hand of one who touches them also becomes moist. If not, they are pure.
Halacha 13
When a person shakes a bunch of vegetables that had liquid on them and the liquid descended from the upper ones to the lower ones, they do not become susceptible to impurity.
Halacha 14
When a person lifts sacks full of produce from the river and places them one on top of the other, the lower one becomes susceptible to impurity because of the water descending from the upper one, for he willfully placed one on top of the other.
Halacha 15
When a person blows on lentils to see if they are good for the purpose of cooking, if water collects on them, they become susceptible to impurity because of the moisture in his breath which is a derivative of water. Similarly, when a person eats sesame seeds with his finger, they become susceptible to impurity because of the moisture in his breath and on his finger.
Halacha 16
When a person bites food and then it falls from his hand, the liquid on the food is not considered as having been placed there willfully. If a person was eating olives that had been broken open, moist dates, or any other produce whose pit he desired to suck, but it fell from his mouth, the liquid on it is considered as having been placed there willfully. If he was eating dry olives, dried dates, any other produce whose pit he does not desire to suck, and it fell from his mouth, the liquid on it is not considered as having been placed there willfully.
Halacha 17
We have already explained that when a person gathered endives for an animal and washed them, but changed his mind afterwards and thought to use them for human consumption, they need to be exposed to water a second time to make foods susceptible to impurity. If, however, there was tangible moisture on them when he thought to use them for human consumption, they are susceptible to impurity.
Tum'at Okhalin - Chapter 15
Halacha 1
Water that is in a container contracts impurity, whether it entered the container willfully or against one's desires. It imparts impurity to foods and keilim whether it came in contact with them willfully or against one's will. Water collected on the earth, by contrast, e.g., water in a cistern, storage trench, or storage cavern or water in a pit that does not contain 40 se'ah, does not contract impurity unless it comes in contact with the source of impurity willfully, nor does it impart impurity unless it comes in contact with the food willfully.
What is implied? When there was less than 40 se'ah of water collected on the ground, whether it was drawn or it was not drawn, and a human corpse fell into this water or an impure person walked through it, it is pure. If, however, an impure person drank from this water, one filled an impure container with it, or impure liquids willfully fell into it, the water becomes impure even though it is still collected on the ground. If a pure person drank from this water after it became impure on the ground or one filled a pure container with it, the person who drank and the container with which the water was drawn becomes impure, because he drank or the container was filled intentionally.
If a loaf that was terumah fell into such water, it is pure as it was originally, because the water imparts impurity only when foods come in contact with it willfully. Therefore, if one washed his hand and removed a loaf, the loaf contracts impurity from the water on the person's hand, because it was removed willfully.
Halacha 2
The following laws apply to water that is collected in a pit and other types of water collected on the ground, e.g., water in a cistern, storage trench, or storage cavern, rainwater that stopped flowing and collected in one place or mikveot that do not contain 40 se'ah that became impure. If rain then descended, causing there to be more rainwater than the water originally collected, even if the original water did not flow out, those bodies of water become pure. Therefore, during the rainy season, all water collected on the ground, e.g., water collected in a pit or the like, is assumed to be pure.
Halacha 3
Different laws apply when the rains cease. When such bodies of water are close to a town or a thoroughfare, they are impure, because it can be assumed that an impure person drank from them and/or water was drawn from them in impure containers. Those that are distant are pure until the majority of people begin walking. Once they do, they are all assumed to impure, because those who journey on caravans drink from them.
When does the above apply? With regard to water in a pit from which it is possible to drink. If, however, there is water in a pit that it is impossible to drink from except through great effort, it is assumed to be pure unless the footprints of a person or large animal were evident. If, however, the footprints of a small animal were found, the water is pure, because it is possible that the animal descended on its own accord.
Halacha 4
In the rainy season, it can be assumed that the mud and the water in the hollows at the entrance of stores in the public domain are pure. When the rains cease, they are considered as drainage water. The ruling concerning water in the marketplace depends on the majority. .
When wine, milk, or honey fall into a pit filled with water, the ruling depends on the majority. When oil falls into it, the mixture can contract and impart impurity without the owner's desire even when it congeals. The rationale is that it is impossible that droplets will not remain mixed with the water.
Halacha 5
Oil and other liquids aside from water are governed by the same laws whether they are collected in the earth or in containers.
Halacha 6
Streams of rainwater that are still flowing - even if they do not contain 40 se'ah, since they are on the earth and their water is flowing - do not contract ritual impurity. Even if an impure person drank from them, drew water from them with an impure container, or poured impure water into them, they are still pure with regard to all matters.
Halacha 7
When a person was eating terumah with impure hands, e.g., a dried fig that had not come into contact with water, if he inserted his hand into his mouth to remove a pebble, were he to turn over his finger while doing so, the fig would become impure because of his saliva. For the saliva would become impure because of the person's hand, because he uprooted the saliva from its place. If, however, he did not turn over his finger, it is pure. The rationale is that, before he turns over his finger or sucks it, the liquid in his mouth is comparable to water on the earth that was not uprooted from its place, but instead, is on the ground. As explained, such water only contracts and imparts impurity due to willful actions. This person desired only to remove the pebble.
The following rules apply when, in addition to the dried fig, there was a pundiyon in his mouth and he extended his hand to remove it and the fig from his mouth. If he had placed the coin in his mouth because he was thirsty, the saliva on it is considered as removed from its place and the fig contracts impurity from the moisture in his mouth that contracted impurity because of his hand.
Halacha 8
The following rules apply when a woman was partaking of food that is terumah which had not been made susceptible to impurity while she was removing the coals from an impure oven. If she was poked by a splinter that caused her to bleed and she was sucking her finger because of the blood or she burnt her finger and inserted it into her mouth, the terumah in her mouth contracted impurity.
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Hayom Yom:
• Monday, Menachem Av 29, 5774 • 25 August 2014
"Today's Day"
Monday, Menachem Av 29, 5703
Torah lessons: Chumash: Shoftim, Sheini with Rashi.
Tehillim: 140-144.
Tanya: Therefore, my beloved, (p. 437) ...to Zion..." (p. 439).
There must be avoda by one's own efforts. Superior heights are attained when one is taken by the hand and led; it is more precious though, when it is by one's own strength.
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.
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Daily Thought:Torah lessons: Chumash: Shoftim, Sheini with Rashi.
Tehillim: 140-144.
Tanya: Therefore, my beloved, (p. 437) ...to Zion..." (p. 439).
There must be avoda by one's own efforts. Superior heights are attained when one is taken by the hand and led; it is more precious though, when it is by one's own strength.
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.
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Fluid Movement
We are all connected, like a single, fluid mass, and this is why we are able to help each other change. When one of us begins moving forward, all those around him are pulled along.
But if you yourself are standing still, how can you expect to push someone else ahead?
If you need to help someone else overcome his fault, first find that flaw within you. Move forward in that area, and then you can pull along the other guy.(Maamar)
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