Chabad - Today in Judaism - TODAY IS: Monday, 5 Tishrei 5775 • 29 September 2014

Chabad - Today in Judaism - TODAY IS: Monday, 5 Tishrei 5775 • 29 September 2014
Today's Laws & Customs:
Ten Days of Repentance
The 10-day period beginning on Rosh Hashanah and ending on Yom Kippur is known as the "Ten Days of Repentance"; this is the period, say the sages, of which the prophet speaks when he proclaims (Isaiah 55:6) "Seek G-d when He is to be found; call on Him when He is near." Psalm 130, Avinu Malkeinu and other special inserts and additions are included in our daily prayers during these days.
The Baal Shem Tov instituted the custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below for today's three Psalms.
Chapter 100 Chapter 101 Chapter 102
Links: About the Ten Days of teshuvah; Voicemail; more on teshuvah

Today in Jewish History:
Rabbi Akiva martyred (134)
The great Talmudic sage, Rabbi Akiva, was taken captive by the Romans on Tishrei 5 of the year 3894 from creation (134 CE). His subsequent torture and execution is recalled in the stirring Eleh Ezkarah poem of the Yom Kippur service.
Birth of Naftali
Naftali, the son of Jacob and Bilhah, sixth of the Twelve Tribes, was born on the 5th of Tishrei. He lived to be 133 years old.

DAILY QUOTE:

The night was created for Torah study(Talmud, Eruvin 65a)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Vezot Hab'rachah, 2nd Portion (Deuteronomy 33:8-33:12) Rashi
• Chapter 33
8. And of Levi he said: "Your Tummim and Urim belong to Your pious man, whom You tested at Massah and whom You tried at the waters of Meribah, ח. וּלְלֵוִי אָמַר תֻּמֶּיךָ וְאוּרֶיךָ לְאִישׁ חֲסִידֶךָ אֲשֶׁר נִסִּיתוֹ בְּמַסָּה תְּרִיבֵהוּ עַל מֵי מְרִיבָה:
And of Levi he said: Heb. וּלְלֵוִי אָמַר, And of Levi, he said….
וללוי אמר: ועל לוי אמר:
Your Tummim and Urim: Here, Moses is addressing the Shechinah .
תמיך ואוריך: כלפי שכינה הוא מדבר:
whom You tested at Massah: [spoken in praise of the Levites,] for they did not complain with the others who complained.
אשר נסיתו במסה: שלא נתלוננו עם שאר המלינים:
and whom You tried…: [This is to be understood] as the Targum renders it [namely, “You tested him (Levi) at the Waters of Meribah, and he came out faithful”]. Another explanation: “whom you tried at the waters of Meribah” — You made false accusations against him [Levi], for if Moses [was punished with death and not permitted to enter the Land of Israel because he] said to Israel, “Listen now, you rebels!” (see Num. 20:10), then [how do we understand why] Aaron and Miriam [were also punished with death and were not permitted to enter the Land of Israel] — what did they do [to deserve this]?- [Sifrei 33:8]
תריבהו וגו': כתרגומו. דבר אחר תריבהו על מי מריבה נסתקפת לו לבוא בעלילה, אם משה אמר (במדבר כ, י) שמעו נא המורים, אהרן ומרים מה עשו:
9. who said of his father and his mother, 'I do not see him'; neither did he recognize his brothers, nor did he know his children, for they observed Your word and kept Your covenant. ט. הָאֹמֵר לְאָבִיו וּלְאִמּוֹ לֹא רְאִיתִיו וְאֶת אֶחָיו לֹא הִכִּיר וְאֶת בָּנָו לֹא יָדָע כִּי שָׁמְרוּ אִמְרָתֶךָ וּבְרִיתְךָ יִנְצֹרוּ:
who said of his father and his mother, 'I do not see him…’: [Moses says:] When they [Israel] sinned with the calf, and I said, “Whoever is for the Lord, come to me!” (Exod. 32:26), all the sons of Levi assembled to me, and I ordered them to kill [those guilty of worshipping the golden calf, even] one’s mother’s father, if he was an [ordinary] Israelite [and not a Levite], or his brother from his mother [if his brother’s father was not a Levite], or the son of his daughter [whose husband was not a Levite], and they did so. It is, however, impossible to explain [that it means literally his father and his brother from his father, and likewise, literally his sons, because all these were Levites, and not one of the tribe of Levi sinned, as it is said, “and all the sons of Levi [gathered to him]” (Exod. 32:26). - [Sifrei 33:9]
האומר לאביו ולאמו לא ראיתיו: כשחטאו בעגל ואמרתי (שמות לב, כו) מי לה' אלי, נאספו אלי כל בני לוי וצויתים להרוג את אבי אמו והוא מישראל, או את אחיו מאמו, או את בן בתו, וכן עשו. ואי אפשר לפרש אביו ממש ואחיו מאביו וכן בניו ממש, שהרי לוים הם ומשבט לוי לא חטא אחד מהם שנאמר כל בני לוי:
for they observed Your word: namely,“You shall have no other gods [before Me]” (Exod. 20:3). - [Sifrei 33:9]
כי שמרו אמרתך: (שמות כ, ב) לא יהיה לך אלהים אחרים:
and kept Your covenant: namely, the covenant of circumcision. — [Sifrei 33:9] For the [ordinary] Israelites who were born in the desert did not circumcise their sons, whereas the Levites were [not only] circumcised themselves, [but they] also circumcised their sons. — [Sifrei Bemidbar 9:18]
ובריתך ינצרו: ברית מילה, שאותם שנולדו במדבר של ישראל לא מלו את בניהם והם היו מולין ומלין את בניהם:
10. They shall teach Your ordinances to Jacob, and Your Torah to Israel; they shall place incense before You, and burnt offerings upon Your altar. י. יוֹרוּ מִשְׁפָּטֶיךָ לְיַעֲקֹב וְתוֹרָתְךָ לְיִשְׂרָאֵל יָשִׂימוּ קְטוֹרָה בְּאַפֶּךָ וְכָלִיל עַל מִזְבְּחֶךָ:
They shall teach Your ordinances: [because] they are worthy of doing this.
יורו משפטיך: ראויין אלו לכך:
and burnt-offerings: Heb. וְכָלִיל, a burnt-offering [which is completely (כָּלִיל) consumed on the altar]. — [Yoma 26a]
וכליל: עולה:
11. May the Lord bless his army and favorably accept the work of his hands; strike the loins of those who rise up against him and his enemies, so that they will not recover." יא. בָּרֵךְ יְהֹוָה חֵילוֹ וּפֹעַל יָדָיו תִּרְצֶה מְחַץ מָתְנַיִם קָמָיו וּמְשַׂנְאָיו מִן יְקוּמוּן:
strike the loins of those who rise up against him: Strike those who rise up against him, in the loins. This is similar to what is said, “Constantly cause their loins to slip” (Ps. 69:24). Here, Moses was referring to those who contested the priesthood. — [Sifrei 33:11] Another explanation: Moses saw [prophetically] that the Hasmonean and his sons were destined to wage war with the Greeks. He therefore prayed for them, because they were few in number, namely, the twelve sons of the Hasmonean and Eleazar, against many myriads [of the enemy]. Hence, Moses said here:“May the Lord bless his army (חֵילוֹ) and favorably accept the work of his hands.” - [See Tanchuma Vayechi 14; Gen. Rabbah 99:2; Otzar Midrashim, Ma’aseh Hanukkah second version, p. 191; Midrash LaHanukkah , p. 193]
מחץ מתנים קמיו: מחץ קמיו מכת מתנים, כענין שנאמר (תהלים סט, כד) ומתניהם תמיד המעד, ועל המעוררין על הכהונה אמר כן. דבר אחר ראה שעתידין חשמונאי ובניו להלחם עם היונים והתפלל עליהם לפי שהיו מועטים י"ב בני חשמונאי ואלעזר כנגד כמה רבבות, לכך נאמר ברך ה' חילו ופועל ידיו תרצה:
and his enemies so that they will not recover: Strike the loins of those who rise up against him and of his enemies, so that they will have no recovery.
ומשנאיו מן יקומון: מחץ קמיו ומשנאיו מהיות להם תקומה:
12. And of Benjamin he said, "The Lord's beloved one shall dwell securely beside Him; He protects him all day long, and He dwells between his shoulders." יב. לְבִנְיָמִן אָמַר יְדִיד יְהֹוָה יִשְׁכֹּן לָבֶטַח עָלָיו חֹפֵף עָלָיו כָּל הַיּוֹם וּבֵין כְּתֵפָיו שָׁכֵן:
And of Benjamin he said: Since Levi’s blessing pertains to the sacrificial service, and Benjamin’s blessing pertains to building the Holy Temple within his territory, Moses juxtaposed one to the other. He then juxtaposes Joseph immediately after him [Benjamin] because Joseph too [had a sanctuary built within his territory, namely] the Mishkan of Shiloh was erected in his territory, as is said:“He rejected the tent of Joseph” (Ps. 78:67). And because the Holy Temple is dearer [to God] than [the Mishkan of] Shiloh, he mentioned [the blessing of] Benjamin before [that of] Joseph [even though Joseph was older.].
לבנימן אמר: לפי שברכת לוי בעבודת הקרבנות ושל בנימין בבנין בית המקדש בחלקו סמכן זה לזה וסמך יוסף אחריו, שאף הוא משכן שילה היה בנוי בחלקו, שנאמר (שם עח, סז) וימאס באהל יוסף וגו'. ולפי שבית עולמים חביב משילה לכך הקדים בנימין ליוסף:
He protects him: Heb. חֹפֵף, covers him and protects him.
חפף עליו: מכסה אותו ומגין עליו:
all day long: i.e., forever. Since [the time] Jerusalem was chosen [for the building of the Holy Temple], the Divine Presence has never dwelt elsewhere. — [Mechilta 12:4]
כל היום: לעולם משנבחרה ירושלים לא שרתה שכינה במקום אחר:
and dwells between his shoulders: The Holy Temple was built on the highest point of his [Benjamin’s] land, except that it was twenty-three cubits below the Eitam Well (see Yoma 31a). Now, it was David’s intention to build it there [at the level of the Eitam Well], as is taught in Shechitath Kodashim [Zev. 54b]: [However,] they said to David:“Let us build it a little lower, for Scripture states, ‘and He dwells between his shoulders’ [which are lower than the head]-and there is no part of an ox more beautiful than its shoulders.”
ובין כתפיו שכן: בגובה ארצו היה, בית המקדש בנוי אלא שנמוך עשרים ושלש אמה מעין עיטם ושם היה דעתו של דוד לבנותו, כדאיתא בשחיטת קדשים (זבחים נד ב) אמרי נחתי ביה פורתא משום דכתיב ובין כתפיו שכן אין לך נאה בשור יותר מכתפיו:
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Daily Tehillim: Psalms Chapters 29-34
• Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
See below for today's additional chapters.
Chapter 29
The Name of God appears eighteen times in this psalm, corresponding to which our Sages established eighteen blessings-the Amidah. The entire psalm can be interpreted as referring to the giving of the Torah and the ingathering of the exiles.
1. A psalm by David. Render to the Lord, children of the mighty, render to the Lord honor and strength.
2. Render to the Lord the honor due to His Name; bow down to the Lord in resplendent holiness.
3. The voice of the Lord is over the waters, the God of glory thunders; the Lord is over mighty waters.
4. The voice of the Lord resounds with might; the voice of the Lord resounds with majesty.
5. The voice of the Lord breaks cedars; the Lord shatters the cedars of Lebanon.
6. He makes them leap like a calf, Lebanon and Sirion like a young wild ox.
7. The voice of the Lord strikes flames of fire.
8. The voice of the Lord makes the desert tremble; the Lord causes the desert of Kadesh to tremble.
9. The voice of the Lord causes the does to calve, and strips the forests bare; and in His Sanctuary all proclaim His glory.
10. The Lord sat [as King] at the Flood; the Lord will sit as King forever.
11. The Lord will give strength to His people; the Lord will bless His people with peace.
Chapter 30
This psalm teaches one not to be distressed if God visits suffering upon him in this world, for only through suffering can one enter the World to Come. Even one of great spiritual stature should realize that his stability is not guaranteed, but that all is in the hands of God.
1. A psalm, a song of dedication of the House, by David.
2. I exalt You, Lord, for You have uplifted me, and did not allow my enemies to rejoice over me.
3. Lord, my God, I cried out to You, and You healed me.
4. Lord, You have brought up my soul from the grave; You have kept me alive, that I should not descend to the pit.
5. Sing to the Lord, you His pious ones, and praise His holy Name.
6. For His wrath endures but for a moment, when He is conciliated there is [long] life; when one retires at night weeping, joy will come in the morning.
7. In my security I thought, "I shall never falter.”
8. Lord, by Your favor You have made my mountain stand strong; when You concealed Your countenance I was alarmed.
9. I called to You, O Lord, and I made supplication to my Lord:
10. What profit is there in my death, in my going down to the grave? Can dust praise You? Can it proclaim Your truth
11. Lord, hear and be gracious to me; Lord, be a help to me.
12. You have turned my mourning into dancing; You have undone my sackcloth and girded me with joy.
13. Therefore my soul shall sing to You, and not be silent; Lord my God, I will praise You forever.
Chapter 31
Composed by a destitute and oppressed David, running from Saul while placing his trust in God, this psalm instructs man to put his trust in God alone.
1. For the Conductor, a psalm by David.
2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.
3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.
4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.
5. Remove me from the net they planted for me, for You are my stronghold.
6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.
7. I despise those who anticipate worthless vanities; but I trust in the Lord.
8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.
9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.
10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.
11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.
12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.
13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.
14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.
15. But I trusted in You, O Lord; I said, "You are my God.”
16. My times are in Your hand; save me from the hands of my enemies and pursuers.
17. Shine Your countenance upon Your servant; deliver me in Your kindness.
18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.
19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.
20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.
21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.
22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.
23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.
24. Love the Lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.
25. Be strong and fortify your hearts, all who put their hope in the Lord!
Chapter 32
This psalm speaks of forgiveness of sin, and of the good fortune of one who repents and confesses to God wholeheartedly.
1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.
2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.
3. When I was silent, my limbs wore away through my wailing all day long.
4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.
5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.
6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.
7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.
8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.
9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.
10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.
11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart!
Chapter 33
This psalm teaches the righteous and upright to praise God. For the more one knows of the Torah's wisdom, the more should he praise God, for he knows and understands His greatness.
1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.
2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.
3. Sing to Him a new song; play well with sounds of jubilation.
4. For the word of the Lord is just; all His deeds are done in faithfulness.
5. He loves righteousness and justice; the kindness of the Lord fills the earth.
6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.
7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.
8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.
9. For He spoke, and it came to be; He commanded, and it endured.
10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.
11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.
12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.
13. The Lord looks down from heaven; He beholds all mankind.
14. From His dwelling-place He looks intently upon all the inhabitants of the earth.
15. It is He Who fashions the hearts of them all, Who perceives all their actions.
16. The king is not saved by a great army, nor a warrior rescued by great might.
17. The horse is a false guarantee for victory; with all its great strength it offers no escape.
18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,
19. to save their soul from death and to sustain them during famine.
20. Our soul yearns for the Lord; He is our help and our shield.
21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.
22. May Your kindness, Lord, be upon us, as we have placed our hope in You.
Chapter 34
This psalm tells of when David was in grave danger while at the palace of Achish, brother of Goliath. David acted like a madman, letting spittle run down his beard, and writing on the doors: "Achish, king of Gath, owes me one hundred thousand gold coins," leading Achish to eject him from the palace. In his joy, David composed this psalm in alphabetical sequence.
1. By David, when he feigned insanity before Avimelech,1 who then drove him away, and he left.
2. I bless the Lord at all times; His praise is always in my mouth.
3. My soul glories in the Lord; let the humble hear it and rejoice.
4. Exalt the Lord with me, and let us extol His Name together.
5. I sought the Lord and He answered me; He delivered me from all my fears.
6. Those who look to Him are radiant; their faces are never humiliated.
7. This poor man called, and the Lord heard; He delivered him from all his tribulations.
8. The angel of the Lord camps around those who fear Him, and rescues them.
9. Taste and see that the Lord is good; fortunate is the man who trusts in Him.
10. Fear the Lord, you His holy ones, for those who fear Him suffer no want.
11. Young lions may want and hunger, but those who seek the Lord shall not lack any good thing.
12. Come, children, listen to me; I will teach you the fear of the Lord.
13. Who is the man who desires life, who loves long life wherein to see goodness?
14. Guard your tongue from evil, and your lips from speaking deceit.
15. Turn away from evil and do good, seek peace and pursue it.
16. The eyes of the Lord are directed toward the righteous, and His ears toward their cry.
17. The wrath of the Lord is upon the evildoers, to excise their memory from the earth.
18. But when they [repent and] cry out, the Lord hears, and saves them from all their troubles.
19. The Lord is close to the broken-hearted, and saves those with a crushed spirit.
20. Many are the afflictions of a righteous person, but the Lord rescues him from them all.
21. He protects all his bones; not one of them is broken.
22. Evil brings death upon the wicked, and the enemies of the righteous are condemned.
23. The Lord redeems the soul of His servants; all who take shelter in Him are not condemned.
Additional Three Chapters
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Today's Chapters are 100, 101 and 102.
Chapter 100
This psalm inspires the hearts of those who suffer in this world. Let them, nevertheless, serve God with joy, for all is for their good, as in the verse: "He whom God loves does He chastise." The psalm also refers to the thanksgiving sacrifice-the only sacrifice to be offered in the Messianic era.
1. A psalm of thanksgiving. Let all the earth sing in jubilation to the Lord.
2. Serve the Lord with joy; come before Him with exultation.
3. Know that the Lord is God; He has made us and we are His, His people and the sheep of His pasture.
4. Enter His gates with gratitude, His courtyards with praise; give thanks to Him, bless His Name.
5. For the Lord is good; His kindness is everlasting, and His faithfulness is for all generations.
Chapter 101
This psalm speaks of David's secluding himself from others, and of his virtuous conduct even in his own home.
1. By David, a psalm. I will sing of [Your] kindness and justice; to You, O Lord, will I chant praise!
2. I will pay heed to the path of integrity-O when will it come to me? I shall walk with the innocence of my heart [even] within my house.
3. I shall not place an evil thing before my eyes; I despise the doing of wayward deeds, it does not cling to me.
4. A perverse heart shall depart from me; I shall not know evil.
5. He who slanders his fellow in secret, him will I cut down; one with haughty eyes and a lustful heart, him I cannot suffer.
6. My eyes are upon the faithful of the land, that they may dwell with me; he who walks in the path of integrity, he shall minister to me.
7. He that practices deceit shall not dwell within my house; the speaker of lies shall have no place before my eyes.
8. Every morning I will cut down all the wicked of the land, to excise all evildoers from the city of the Lord.
Chapter 102
An awe-inspiring prayer for the exiled, and an appropriate prayer for anyone in distress.
1. A prayer of the poor man when he is faint [with affliction], and pours out his tale of woe before the Lord.
2. O Lord, hear my prayer, let my cry reach You!
3. Hide not Your face from me on the day of my distress; turn Your ear to me; on the day that I call, answer me quickly.
4. For my days have vanished with the smoke; my bones are dried up as a hearth.
5. Smitten like grass and withered is my heart, for I have forgotten to eat my bread.
6. From the voice of my sigh, my bone cleaves to my flesh.
7. I am like the bird of the wilderness; like the owl of the wasteland have I become.
8. In haste I fled; I was like a bird, alone on a roof.
9. All day my enemies disgrace me; those who ridicule me curse using my name.1
10. For I have eaten ashes like bread, and mixed my drink with tears,
11. because of Your anger and Your wrath-for You have raised me up, then cast me down.
12. My days are like the fleeting shadow; I wither away like the grass.
13. But You, Lord, will be enthroned forever, and Your remembrance is for all generations.
14. You will arise and have mercy on Zion, for it is time to be gracious to her; the appointed time has come.
15. For Your servants cherish her stones, and love her dust.
16. Then the nations will fear the Name of the Lord, and all the kings of the earth Your glory,
17. when [they see that] the Lord has built Zion, He has appeared in His glory.
18. He turned to the entreaty of the prayerful, and did not despise their prayer.
19. Let this be written for the last generation, so that the newborn nation will praise the Lord.
20. For He looked down from His holy heights; from heaven, the Lord gazed upon the earth,
21. to hear the cry of the bound, to untie those who are doomed to die,
22. so that the Name of the Lord be declared in Zion, and His praise in Jerusalem,
23. when nations and kingdoms will gather together to serve the Lord.
24. He weakened my strength on the way; He shortened my days.
25. I would say: "My God, do not remove me in the midst of my days! You Whose years endure through all generations.”
26. In the beginning You laid the foundations of the earth, and the heavens are the work of Your hands.
27. They will perish, but You will endure; all of them will wear out like a garment; You will exchange them like a robe, and they will vanish.
28. But You remain the same; Your years will not end.
29. The children of Your servants will abide; their seed shall be established before You.
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Tanya: Iggeret HaKodesh, middle of Epistle 20
• Lessons in Tanya
• Today's Tanya Lesson
Monday, 5 Tishrei 5775 • 29 September 2014
Iggeret HaKodesh, middle of Epistle 20
ויש מאין נקרא בריאה בלשון הקדש
The coming about of substantiality ex nihilo (yesh me’ayin) is in the Holy Tongue called beriah (“creation”).
As the Ramban points out in his commentary to the Torah,1 beriah is the only term in the Holy Tongue for absolutely innovative creation, creation ex nihilo.
In any progression from ilah (“cause”) to alul (“effect”), the alul existed previously as well, albeit in a distinctly different state. The term “creation”, by contrast, describes the coming into existence of something that until now did not exist, for, as mentioned earlier, it is impossible for yesh (“created substantiality”) to be found within ayin (“nothingness”). Were it to be otherwise, the ayin itself would cease to be ayin and would itself become yesh.
The Alter Rebbe now goes on to anticipate a query. In point of fact, created substance is also truly nullified to the G dliness that creates it, for “All is before Him as naught.” Why, then, do we say that creation ex nihilo cannot result from ilah and alul because the effect — the created substance — would be nullified to its source, when in truth even as the substance exists as a yesh, created ex nihilo, it is in any event nullified to the Divine source that is responsible for its creation and that continuously vests itself within it to constantly create it anew?
The Alter Rebbe goes on to explain that while the above is indeed true, nevertheless, this is so only “before Him,” i.e., as it exists in G d’s knowledge (for G d, of course, views things as they truly are, so that created beings are “before Him as naught”: they are “like the non-existence of the sun’s rays while they are still found within the orb of the sun”).
A created being itself, however, regards its own existence in an entirely different light: it “knows” and “feels” beyond any shadow of doubt that it enjoys true and independent existence. This (entirely fallacious) view can only come about when it is created ex nihilo as a yesh. Were it instead to be created by a process of ilah and alul, it would be impossible for it not to be fully cognizant of its Creator; in its own view as well, it would exist in a state of bittul bimetziut, a state of utter self-nullification.
והגם שהיש הנברא הוא גם כן כלא חשיב קמיה
And although created substance is also as naught before Him, for everything, including the created yesh, is as naught before Him —
דהיינו: שבטל במציאות לגבי הכח והאור השופע בו
that is, it is essentially non-existent (Insertion by the Rebbe: “not only in relation to G d’s Essence, which utterly transcends worlds and creation, but also within creation”) in relation to the energy and light that flow into it,
מהכלים דיו״ד ספירות דאבי״ע, שהקו אור אין סוף ברוך הוא מאיר בהם
this force and light deriving from the kelim of the Ten Sefirot of Atzilut, Beriah, Yetzirah and Asiyah, into which the Kav of the [infinite] Ein Sof-light radiates,
Though we are speaking only of the creative force — the kelim of the Ten Sefirot — that animates created beings, this too may be termed “before Him,” since within these kelim is found the radiance of the Ein Sof-light.
כזיו השמש בשמש
and thus the degree of nullification of created beings is like that of a sunray while still in its source, within the sun,
While they are still in the orb of the sun, sunrays are essentially non-existent: there they contribute no independently identifiable illumination. Nothing exists there but their source, the orb of the sun, the luminary from which they derive.
כמו שכתוב בליקוטי אמרים, חלק ב׳
as explained in Likkutei Amarim (Tanya), Part II2 — that all created beings are truly nullified in relation to their source to the same degree as the sun’s rays are nullified within their source.
In light of the above, how can we possibly say that if creation were to result from ilah and alul, created beings would not exist in a manner of yesh but would be nullified to their source, when in truth, even after they were created ex nihilo they are still truly nullified within their source, like the sun’s rays within the sun?
היינו קמיה דוקא, שהיא ידיעתו יתברך, מלמעלה למטה
[The Alter Rebbe answers:] however, this is only “before Him,” as seen from the heavenly perspective (daat elyon) from which G d knows creation, His knowledge [perceiving] from above netherwards.
אבל בידיעה שממטה למעלה
But as seen from the earthbound perspective (daat tachton) of created beings, with a knowledge [that perceives] from below upwards,
היש הנברא הוא דבר נפרד לגמרי, בידיעה והשגה זו שממטה
created yesh is an altogether separate thing, in this knowledge and apprehension from below.
A created being perceives itself to be altogether separate and apart from the Source that creates it, not recognizing its ongoing dependence on it. Though aware that it came into being by virtue of a G dly Source, it nevertheless considers its own existence to be yesh (“being”), and its G dly Source, ayin (lit., “nothingness”).
This does not mean to imply, explains the Alter Rebbe, that a created being regards its Source is non-existent. Rather, the term ayin has a twofold connotation:
(a) “incomprehensible”: A created being is incapable of comprehending its Source. When it calls Him ayin, it means that He does not exist within its range of comprehension.
(b) “existing differently”: The Source exists so differently, so far beyond the pattern of existence familiar to the created being, that the latter calls its Source “non-existent” — He in fact does not exist within that earthbound frame of reference.
This is what the Alter Rebbe now goes on to say:
כי הכח השופע בו אינו מושג כלל וכלל
For the force that creates it and continuously flows into it is not understood [by the created being] at all.
The created being therefore calls its Source ayin since He does not exist in its world of comprehension.
Another reason for its calling the Source ayin, as the Alter Rebbe now continues, lies in the fact that He exists in an entirely different manner, there being no similarity between created and Creator.
וגם אין ערוך זה לזה כלל וכלל, לא מיניה ולא מקצתיה מהערך שמהעלול אל העילה
Moreover, there is no approximation whatever from the one to the other, from the yesh to the ayin, neither does the relation between them partially or minimally resemble the approximation between an effect (alul) and its cause (ilah).
The ayin does not exist at all in the same manner as does the yesh which it creates.
If, for example, intellection were to create a rock, the rock’s manner of existence would be so distant and so different from that of its source, that from its perspective it would be immaterial whether it had been created by intellection or from nothing at all. Intellection simply does not exist in the rock’s mode of existence.
שהעלול יודע ומשיג איזה השגה בעילתו
For an alul knows and has some apprehension of its ilah,
Since the ilah (cause) does exist in the world of comprehension of the alul (effect), the latter is affected by the comprehension of its ilah:
ובטל אצלו על ידי ידיעה והשגה זו
and it becomes nullified in relation to it (to the ilah) through this knowledge and apprehension.
A yesh, by contrast, has absolutely no apprehension of the ayin that is responsible for its creation.
וגם במהותם ועצמותם, אין הפרש גדול כל כך, רק שזה עילה וזה עלול
Even with respect to their intrinsic nature and essence there is not such a great distinction [between an ilah and its alul], except that one is a cause and the other is an effect; 
The ilah and alul of intellect and emotion serve as a perfect example: Essentially, emotion is already to be found in its source, as “emotion within intellect” (middot shebaseichel), even before it exists alone as a distinct entity. But though “emotion within intellect” exists in a different manner from pure emotion, they are in essence the same.
ולא מיניה ולא מקצתיה מההפרש שבין מהות היש הנברא, למהות הכח והאור השופע בו, להוותו מאין ליש
yet [this distinction] neither partially nor minimally resembles the distinction between the essence of a created substance and the essence of the energy and light that flow into it, to create it from ayin to yesh.
Ayin and yesh are inherently and entirely different; the ayin does not exist at all in the manner that the yesh does.
ולכן נקרא יש מאין דוקא
This is why [creation] is called3 precisely yesh me’ayin — ex nihilo, “something out of nothing.”
For although even the created yesh is aware that “Everything derives from You,” it nevertheless calls its Source ayin for the two above-mentioned reasons: the Source “does not exist” in the limited world of the creature’s comprehension, and it “does not exist” in the same manner as the yesh.
***
Having explained in general terms why the creation of a substantial yesh from spirituality can only come about in a manner of ex nihilo (and not in a manner of ilah and alul), the Alter Rebbe now goes on to explain that the first stage of the created yesh is the kelim of the Ten Sefirot of the Worlds of Beriah, Yetzirah and Asiyah. 
For though they are considered Sefirot, and as such they constitute the Divinity in these three worlds, the kelim of these Sefirot already comprise an element of yesh. This is true even within the World of Atzilut, except that there the kelim are emanated (as a yesh hane’etzal, implying connectedness to their Source), rather than created (as a yesh hanivra, implying separateness from their Source).
As the Alter Rebbe will soon state, the creation of yesh as a distinct entity derives primarily from the Sefirah of Malchut in the World of Atzilut: it is specifically through this Sefirah that G d’s infinite ability to create yesh me’ayin is revealed.
FOOTNOTES
1. On Bereishit 1:1.
2. Shaar HaYichud VehaEmunah, ch.3.
3. Note of the Rebbe: “[Not only from the perspective of the yesh, but] also according to the truth.”
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Rambam:
Daily Mitzvah P245 Sefer Hamitzvot
Today's Mitzvah
Monday, 5 Tishrei 5775 • 29 September 2014

A daily digest of Maimonides’ classic work "Sefer Hamitzvot"

Positive Commandment 245 (Digest)
Transactions
"And if you sell something to your neighbor..."—Leviticus 25:14.
We are commanded regarding the various methods that effect transactions, i.e., the ways to transfer property from one individual to another (or, in the case of a guardian of an object, the transfer of jurisdiction).
The 245th mitzvah is that we are commanded regarding the laws of buying and selling, i.e. the ways in which purchases and sales between the buyers and the sellers become legally binding.
The Torah taught about one method in G‑d's statement1 (exalted be He), "When you sell something to your neighbor, [or buy something from your neighbor's hand...]" Our Sages said,2 "[The word 'hand' teaches that the sale] refers to something which can pass from one hand to another," i.e. meshichah [physically moving the object].
It is explained that in Biblical law, transfer of money is sufficient to complete the transaction, and meshichah is necessary only by Rabbinic decree, as is mesirah [giving the vehicle of control, e.g. the reins of a horse, to the buyer] and hagba'ah [lifting the object].
The Gemara3 explicitly says, "Just as our Sages enacted a requirement of meshichah in order for a sale to be valid, so too they required meshichah in order for a watchman relationship to become valid." It is therefore clear that the requirement of meshichah in buying and selling is of Rabbinic origin, as explained in the relevant place.
However, other methods of acquiring land, etc., i.e. by means of a document or chazakah4 are traced5 to Biblical verses [and are therefore of Biblical, not Rabbinic, origin].
The details of this mitzvah — i.e. the manners of finalizing a sale in each category — are explained in the 1st chapter of tractate Kiddushin, the 4th and 8th chapters of Bava Metzia, and the 3rd, 4th, 5th, 6th, and 7th chapters of Bava Basra.
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. 25:14.
2.Bava Metzia 47b.
3.Ibid., 99a.
4.Such as building something on the land.
5.See Kiddushin 26a.
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.
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Rambam:

• 1 Chapter a Day: Sanhedrin veha`Onashin haMesurin lahem - Chapter 5
Sanhedrin veha`Onashin haMesurin lahem - Chapter 5
Halacha 1
A king may not be enthroned except by the High Court of 71 judges. A minor Sanhedrin for every tribe and every city may be appointed only by the High Court of 71 judges. A tribe that has been led to apostasy in its entirety, a false prophet, or a case in which the High Priest might be liable for capital punishment, may be judged only by the High Court of 71 judges. Financial cases involving a High Priest, by contrast, may be adjudicated by a court of three.
Similarly, the determination of a rebellious elder or a city led to apostasy and the decision to cause a woman suspected of adultery to drink the waters which test her may only be done by the High Court. Similarly, the decisions to extend the city limits of Jerusalem and the limits of the Temple Courtyard, to enter a voluntary war, and to measure the distance between a corpse and the nearby cities may be done only by the High Court of 71 judges. These concepts are derived from Exodus 18:22: "All the major matters will be brought to you."
Halacha 2
Cases involving capital punishment may not be judged by a court with less than 23 judges, i.e., a minor Sanhedrin. This applies not only to instances where humans are judged with regard to capital punishment, but also when animals face such judgment. Therefore an ox which is stoned to death and an animal used in bestial sexual practices is condemned to death only by a court of 23 judges. Even when a lion, a bear, or a cheetah that have been domesticated and which have owners kill a human, they are executed based on the judgment of a court of 23. When, however, a snake kills a human, even one ordinary person may kill him.
Halacha 3
When a person who spreads a malicious report concerning his wife, at the outset, the case is judged by a court of 23. For there is the possibility of a capital case arising if the husband's claim proves true and the woman is to be stoned to death. If the husband's claim is not substantiated, and the woman's father comes to demand payment of the fine, the matter may be judged by a court of three.
What is the source which teaches that capital cases may be judged only by a court of 23? Although this is a matter conveyed by the Oral Tradition, there is an allusion to it in the Torah. Numbers 35:24-25 states: "And the congregation shall judge... and the congregation shall save...." Implied is that there must be the possibility of a congregation judging - and condemning him to death - and a congregation saving - and seeking his acquittal. Now a congregation is no less than ten. Thus there are at least 20 judges. We add three judges so that there not be an equally balanced court and to allow the possibility of "following after the inclination of the majority."
Halacha 4
Lashes are decided upon by a court of three judges. Even though the person may die when lashes are administered to him.
Halacha 5
Decapitating the calf is performed by five judges.
Halacha 6
The enlargement of the month is decided upon by three judges.
Halacha 7
The enlargement of the year is decided upon by seven judges. All of the above must possess semichah as we explained.
Halacha 8
Cases involving financial penalties, robbery, personal injury, the payment of double for a stolen article, the payment of four and five times the value of a stolen sheep or ox, rape, seduction, and the like may be adjudicated only by three expert judges who have received semichah in Eretz Yisrael,
Other cases of financial law, e.g., admissions of financial liability and loans, do not require an expert judge. Even three ordinary people, or even one expert judge may adjudicate them. For this reasons, cases involving admissions of financial liability, loans, and the like may be adjudicated in the diaspora. Although a court in the diaspora is not referred to as Elohim, they carry out the charge of the court of Eretz Yisrael. This charge does not, however, give them license to adjudicate cases involving financial penalties.
Halacha 9
The courts of the diaspora adjudicate only cases that commonly occur and which involve financial loss, e.g., admissions of liability, loans, and property damage. Matters that occur only infrequently, by contrast, even though they involve financial loss, e.g., an animal that injures another, or events that commonly occur, but do not involve financial loss, e.g., a double payment for theft, are not adjudicated by the judges of the diaspora.
Similarly, all the financial penalties which our Sages imposed against a person who punches a colleague, slaps a colleague, or the like are not adjudicated by the judges of the diaspora. Whenever a person is required to pay half the damages for the destruction of property the matter is not adjudicated by the judges of the diaspora, with the exception of the half payment for damages caused by pebbles propelled by one's animals. For that is a reimbursement for financial loss and is not a financial penalty.
Halacha 10
Whenever the injuries a person suffers are evaluated by calculating his worth as one calculates the worth of a servant, the payment is not expropriated by the judges of the diaspora. Therefore if a person injures a colleague, compensation for the damages, the pain, and the embarrassment for which he is liable is not expropriated by the judges of the diaspora. Compensation for the inability to work and medical expenses is, by contrast, expropriated in the diaspora, because they involve a financial loss. The Geonim ruled in this manner and stated that it is a commonplace matter to expropriate compensation for the inability to work and medical expenses in the diaspora.
Halacha 11
The judges of the diaspora do not exact payment when an animal injures a person, because this is an uncommon occurrence. When, by contrast, a person damages an animal belonging to a colleague, he must pay the complete damages to his colleague regardless of where this takes place, just as he is responsible if he ripped his garments, broke his utensils, or cut down his produce.
Similarly, when an animal causes damage by eating or by treading, since its owner is forewarned that this is its inherent natural tendency, it is a common matter and the damages are expropriated by the judges of the diaspora. This applies whether it damaged another animal, e.g., it rubbed against it, it consumed produce that it would naturally eat or the like, or it damaged food or utensils by treading upon them in which instance he is obligated to pay full damages. Payment for all of these damages can be expropriated by the judges of the diaspora.
If, however, an animal was not prone to cause damage, then it caused damages to the extent that the owner was warned, and then it caused damage again, e.g., it bit, it butted with its body, it lay down, it kicked, or it gored, these damages are not expropriated by the judges of the diaspora. The rationale is that there is no concept of the owner of an animal being forewarned in the diaspora. Even if an animal caused its owner to be forewarned in Eretz Yisrael, and then it was taken to the diaspora where it caused damage, the damages are not expropriated, because this is an uncommon occurrence.
Halacha 12
Why is there no concept of warning an owner in the diaspora? Because testimony must be given against the owner in the presence of a court. And the concept of a court applies only with regard to judges who have been given semichah in Eretz Yisrael.
Accordingly, if a court of judges from Eretz Yisrael were in the diaspora, just as they have the authority to judge laws involving financial penalties in the diaspora; so, too, testimony regarding an animal can be delivered in their presence in the diaspora.
Halacha 13
When a person steals or robs, the principal can be expropriated by the judges of the diaspora. They do not, however, expropriate the double payment.
Halacha 14
The judges of the diaspora do not expropriate payment in every situation where a person would be liable to make compensation based on his own statements. For the payment to a maiden's father for blemishing her virginity and for the embarrassment she suffers, and a person who must pay an atonement fee because his ox killed another person are situations where a person must make compensation, because of his statements. For example, he said: "I seduced so-and-so's daughter," or "My ox killed so-and-so." Nevertheless, such payments are not expropriated by the judges of the diaspora.
Halacha 15
Judgments involving situations where a person's actions served as a direct cause of damage are not equivalent to laws involving k'nasot and they may be adjudicated by the judges of the diaspora.
Halacha 16
Similarly, the laws applying to a person who gives money belonging to a colleague to gentiles - even if he merely threatens to do so - may be adjudicated by the judges of the diaspora.
Halacha 17
The custom of the yeshivot of the diaspora is that even though they do not expropriate money due as k'nasot, they place the person who causes the damage under a ban of ostracism until he satisfies the plaintiff or goes with him to Eretz Yisrael to have the case adjudicated.
Once the person who causes the damage pays the amount that he would be held liable for, the ban of ostracism is lifted whether the person who suffered the injury is appeased or not. Similarly, if the person who suffered the injury seizes an amount of property belonging to the person who causes the damage equivalent to the amount he would be awarded by the court, we do not expropriate it from his possession.
Halacha 18
When one person is an expert judge and he is known by many to possess such knowledge, although he is allowed to judge cases involving financial law alone, an admission of liability made in his presence is not considered as an admission made in the presence of a court. This applies even if he possesses semichah.
When, by contrast, a court is composed of three judges, even though they do not possesses semichah, and even if they are ordinary men and are not referred to as Elohim, an admission made in their presence is considered as an admission made in a court of law. Similarly, if a person denies an obligation in their presence and witnesses come and testify against him, he is established as one who has lied. He cannot offer another claim, as we have explained.
The general principle is: With regard to the admission of financial responsibility, cases involving debts, and the like, their authority is the same as that of a court composed of judges possessing semichah with regard to all matters.
____________________________
Rambam:
• 3 Chapters a Day: Mechirah - Chapter One, Mechirah - Chapter Two, Mechirah - Chapter Three
Mechirah - Chapter One
'In the name of the Lord, eternal God'
"The beginning of wisdom: Acquire wisdom; with all your resources, gain understanding" (Proverbs 4:7)
THE TWELFTH BOOK
SEFER KINYAN The Book of Acquisition
This book contains five halachot, which are arranged in the following order:
Hilchot Mechirah - The Laws of Selling
Hilchot Zechiyah UMatanah - The Laws of Acquisition and Gifts
Hilchot Sh'chenim - The Laws Governing Relations Between Neighbors
Hilchot Sh'luchin V'Shutafin - The Laws Governing Relations with Agents
and Partners
Hilchot Avadim - The Laws Governing Servants
Halacha 1
An article is not acquired merely through a verbal agreement. This applies even when witnesses testify that the principals have reached an agreement.
What is implied? A person says: "I am selling you this house," "I am selling you this wine," or "I am selling you this servant," and a price is fixed. The purchaser agrees and says: "I have purchased it," the seller says: "I have sold it," and they tell witnesses: "Serve as witnesses that so and so has sold and so and so has purchased", their words are of no consequence. It is as if they had never spoken to each other at all. The same applies with regard to a person who gives a gift and its recipient.
Halacha 2
If, however, the purchase is completed through one of the media by which property is transferred, the purchaser acquires the object. There is no need for witnesses; neither the seller or the purchaser may retract.
Halacha 3
How is an acquisition made? Landed property can be acquired in one of three ways: a) through the transfer of money, b) through the transfer of a deed of sale, or c) through chazakah (manifesting one's ownership).
Halacha 4
How is property acquired through the transfer of money? If one person sold another person a house or a field, and the purchaser gave him the money agreed upon, he acquires it. When does the above apply? In a place where it is not customary to write a deed of sale. In a place where it is customary to write a deed of sale, however, the purchaser does not acquire the property until a deed is composed.
Landed property cannot be acquired for less than a p'rutah's worth.
Halacha 5
If the purchaser makes the following stipulation: "If I desire, I will acquire it through the transfer of money, or if I desire I will acquire it through the transfer of a deed of sale," and gives money on the basis of this stipulation, it is established as a binding condition. Once the money has been paid, the seller cannot retract, because of the stipulation. The purchaser can, however, retract until the deed of sale is written.
Similar laws apply if the seller makes such a condition.
Halacha 6
When a person tells a colleague: "Give so and so a maneh and you will acquire my house," once the colleague makes the payment, he acquires the house. This is an extension of the laws applying to a guarantor.
Halacha 7
How is property acquired through the transfer of a deed of sale? The seller writes for the purchaser on a piece of paper, on a shard or on a leaf. "My field is given to you," or "My field is sold to you." Once the deed reaches the purchaser's hand, he acquires the field, even though there are no witnesses at all, and despite the fact that the document itself is of no financial value. When does the above apply? When a person sells his field because it is undesirable. With regard to other landed property, by contrast, even though the deed of sale reaches the purchaser's hand and is signed by witnesses, the purchaser does not acquire the property until he pays its price.
Halacha 8
How is property acquired through the manifestation of ownership? If a person sold a colleague a house or a field or gave him such properties as a gift, the purchaser or the recipient acquires the property when he locks the entrance to the property, encloses the property with even the slightest portion of a fence or breaks through even the slightest portion of one of the walls surrounding the property, provided his deeds bring him benefit.
When does the above apply? When the person manifests his ownership in the presence of the seller or the one who gives the gift. If, however, he does so outside the presence of the seller or the one who gives the gift, the seller or the giver must tell him: "Go, manifest possession over it and acquire it." If this statement is made, and afterwards the purchaser or the recipient manifests possession, he acquires the property even if he acts outside the presence of the previous owner.
Halacha 9
When a person sells a house to a colleague and gives him the key, it is as if he told him: "Go, manifest possession over it and acquire it." Similarly, if a person sells a colleague a cistern, once he gives him its bucket it is as if he told him: "Go, manifest possession over it and acquire it." When he manifests his possession, he acquires it.
Halacha 10
What is meant by saying that one who locks a property acquires it? For example, when a person sells a house or a courtyard whose entrance was open, and the purchaser locked the entrance and then opened it; the purchaser is considered to have acquired it, for he used it in a way that brings benefit.'
Halacha 11
What is meant by saying that one who encloses the property with even the slightest portion of a fence acquires it? For example, there was a fence that people could climb over easily, and the purchaser added a small portion to its height, making it ten handbreadths high thus causing it to be difficult to climb over. His deeds are of benefit and he acquires the property.
Similarly, if there was an opening in the fence that allowed people to enter only with difficulty, and the purchaser widened it even slightly, allowing people to enter easily, his deeds are of benefit and he acquires the property.
Halacha 12
If the purchaser placed down a rock in a way that causes benefit - e.g., he completed an irrigation channel that brought water to the field - or he removed a rock in a way that causes benefit - e.g., he opened a dammed irrigation ditch and let water flow into the field - he acquires it. The same applies in all analogous situations.
Halacha 13
The following rules apply when a person sells a colleague a field that is located next to one of that colleague's fields, or gives him such a field as a gift. Once the colleague breaks down the partition that separates the two fields from each other and makes them one large field, he acquires it.
If, however, he merely walks the length and breadth of the new property, this walking serves no benefit and it therefore does not serve as a manifestation of his ownership. When he sells him a path for vineyards, however, the purchaser does acquire it by walking, for that is its purpose.
Halacha 14
How wide is the path that a person acquires by walking? If it is defined by barriers, he acquires an area at least large enough to enable him to lift one foot up and place the other next to it. If it is not defined by barriers, he acquires a width sufficient to allow him to walk carrying a package of twigs on his head and turn around with it.
Halacha 15
If the property being sold is a rocky patch that cannot be enclosed with a fence and an entrance, nor can it be sowed, the way in which a person manifests his ownership and acquires it is to spread produce upon it, to have an animal stand there, or to use it in another way.
Halacha 16
When a person sells a field to a colleague, and the colleague enters and sows it, plows it and leaves it fallow, collects its produce, prunes it or the like, he acquires it, for he has manifested his ownership. Neither of them may retract.
Similarly, if the seller collects a basket of produce and gives it to the purchaser, the purchaser acquires the field. This is considered manifestation of ownership, for the seller revealed his intent of transferring ownership of the field to the purchaser in an outright way, so that its produce would be his.
Halacha 17
A gentile cannot acquire property by manifesting his ownership over it. He can acquire a property only through the transfer of a legal documentafter money has been paid. A Jew who comes on account of a gentile is considered like a gentile and can acquire property only through the transfer of a legal document.
Any entity that is attached to landed property is considered like landed property and can be acquired through the transfer of money, the transfer of a deed of sale or through chazakah.
If, however, the produce no longer needs the nurture of the land - e.g., grapes that are ready to be picked - it is considered movable property with regard to the laws of acquisition. And like movable property, the laws of deception apply with regard to their sale.
Halacha 18
Just as landed property itself is acquired through the transfer of money, the transfer of a deed of sale or chazakah, so too, the rental of land is finalized through the transfer of money alone, the transfer of a deed of sale alone, or chazakah, and neither party can retract. 19. When a person sells a colleague ten fields in ten different countries, the purchaser acquires them all by manifesting his ownership over one of them. Even if one of the fields was located on a high mountain and another in a valley - and thus the manner in which one is tilled differs from the other -nevertheless, by manifesting his ownership over one of them, the purchaser acquires them all.
Halacha 20
When does the above apply? When he pays for all of them. If, however, he does not pay for all of them, he acquires only a measure of property equal to the money that he pays. Therefore, if all the fields were given as a gift, he acquires them all.
Similarly, with regard to the rental of landed property, if a person manifests ownership over one of the properties he is renting, he acquires them all for the entire duration of the rental period.'
If a person is purchasing some properties and renting others, once he manifests his ownership over one property, whether that property be purchased or rented, he acquires them all.
Mechirah - Chapter Two
Halacha 1
A Canaanite servant is considered as landed property with regard to the laws of acquisition, and can be acquired through the transfer of money and a deed of sale, or through chazakah?
Halacha 2
What manifestation of ownership is effective in acquiring a servant? Making use of him as one makes use of a servant in the presence of his previous master.
What is implied? If the servant unties his new master's shoe, puts on his shoe, carries his articles to the bathhouse, undresses him, anoints him, combs his skin, dresses him or lifts him up, the master acquires the servant.
Similarly, if the master lifts up the servant, he acquires him.
Halacha 3
If the new owner pushes the servant and brings him close to him, he acquires him, for a Canaanite servant can be acquired through meshichah in this manner. If, however, he called the servant and he came to him, or the servant's previous owner told him to go to the purchaser, and he followed those instructions, the new owner does not acquire himuntil he pushes him or until he makes use of him in the manner described above.
If the new owner manifests his ownership over the servant outside the presence of the previous owner, the previous owner must tell him: "Go, manifest your ownership and acquire him" for the kinyan to be effective. 4. A servant below the age of majority is considered like an animal and can be acquired through both the processes by which an animal is acquired and those by which servants are acquired. Therefore, he can be acquired by meshichah even though the new owner did not push him.
Halacha 5
Livestock, whether light or heavy, can be acquired through meshichah. When lifting an animal is possible, it need not be lifted, because it may receive a blow when placed back on the earth. If a person lifts it up, he acquires it.
Lifting up an object serves as a kinyan in all places, while meshichah is effective as a kinyan only in a corner off the public domain, or in a courtyard whose ownership the buyer and the seller both share. Meshichah is not effective as a kinyan in the public domain or in a courtyard whose ownership is not shared by both the seller and the purchaser.
Halacha 6
How is an animal acquired through meshichah? Needless to say, the transaction is completed if the purchaser pulls the animal and it walks after him, or he rides upon it and causes it to walk. The transaction is effective even if he calls it and it comes, or he swats it with a stick and causes it to run. When the animal lifts both a forefoot and a hind foot, the purchaser acquires it.
The above applies provided the purchaser performs meshichah in the presence of the previous owner. If he performs meshichah outside the presence of the previous owner, that person must tell the purchaser before he performs meshichah, "Go, perform meshichah and acquire it."
Halacha 7
When a person sells a herd to a colleague or gives it to him as a gift, if he gives him the mashkuchit - i.e., the animal that leads the herd, that all the others follow - he does not have to tell him, "Perform meshichah and acquire it." For giving him this animal is tantamount to saying: "Go, perform meshichah and acquire it." Thus, once the purchaser or the recipient performs meshichah with the herd, he acquires it, even if he performs meshichah outside the presence of the previous owner.
Halacha 8
When a person tells a purchaser or a recipient of a gift: "Perform meshichah over an animal and then you will acquire it," or "Perform chazakah over property and then you will acquire it," he does not acquire it if he performs meshichah or chazakah. For the expression "you will acquire it" is in the future tense and implies that he has not transferred ownership to him yet.
Instead, the seller or the giver of the gift must say: "Go, perform chazakah and acquire it," "Go, perform meshichah and acquire it," or the like, using an expression that implies that he will acquire it at the time he performs meshichah or chazakah.
Halacha 9
When a person tells a colleague: "Perform meshichah with an animal and you will acquire it after 30 days," and he performs meshichah, he does not acquire it.
If he told him "...acquire it now and after 30 days," he acquires it, even if it is standing in a swamp on the thirtieth day. For this resembles a situation in which an acquisition was made in the present, conditional on a stipulation, in which instance, when the stipulation is met, the transaction becomes effective.
Whenever a person uses the expression "with the intent that...," it is as if he said that the transaction would take effect from the present.
Halacha 10
The following rules apply when a person sells an animal to a purchaser or gives it as a gift and tells the purchaser or the recipient: "Acquire it in the manner in which people normally acquire it." If he performs meshichah or hagbahah, he acquires it. If, however, he rides upon it a distinction is made: If this is done in the field, he acquires it. If it is done in the city, he does not acquire it, for it is not common for people to ride in a city.
For this reason, if the purchaser or recipient is an important person - who is accustomed to riding in a city, a very base person - who is not concerned about riding through the city, e.g., a person who raises animals or servants, or a woman, or if the animal is in the public domain where many walk, it can be acquired by riding, provided the rider causes the animal to proceed.
Mechirah - Chapter Three
Halacha 1
According to Scriptural Law, both livestock and other movable property are acquired by the payment of money. Once the purchaser pays money, neither he nor the seller can retract. Our Sages, however, ordained that movable property should be acquired only through lifting up the article(hagbahah) or pulling (meshichah) an article that is not commonly lifted up.
Halacha 2
What is implied? When a person gathers together a heavy load of wood, flax or the like that cannot be lifted up, this load cannot be acquired through meshichah, for it can be unbound, and each individual piece of wood can be lifted up. The same principle applies in other similar situations.
In contrast, a large load of nuts, peppers, almonds or the like that no one person could lift up, can be acquired through meshichah. For if one untied the load and separated it, lifting each individual item would involve great difficulty. The same principle applies in other similar situations.
Halacha 3
With regard to a ship: since it is impossible to lift it up, and it is very difficult to pull it - this is possible only when many are involved - our Sages did not require meshichah. Rather, they ruled that it can be acquired through being handed over (mesirah). The same principles apply in all similar situations.
If the seller tells the purchaser, "Go, perform meshichah and acquire the ship," the ship cannot be acquired until one pulls it after oneself, shifting its position entirely, moving it from the place where it had been resting. For the seller had specified that it be acquired solely through meshichah.
Halacha 4
From the above, one may conclude that a person who purchases movable property may retract, even though he has paid for his purchase. Similarly, the seller can retract until the purchaser lifts up the object of sale or performs meshichah on an article that is not usually lifted up, or the seller gives the purchaser an article that is not usually pulled.
When, however, the purchaser lifts up the object of sale, performs meshichah on an article that is not usually lifted up, or is given an article that is that is not usually pulled, he acquires it. Neither party can retract, and the purchaser is compelled to pay if he has not done so already.
Halacha 5
Why did our Sages make such an ordinance with regard to movable property? This is a decree, enacted lest a purchaser pay for an article and before he takes possession of it, it be destroyed by factors beyond his control - e.g., a fire breaks out and burns it, or thieves come and take it. If the article is considered as in the possession of the purchaser, the seller may hesitate and not endeavor to save it.
For this reason, our Sages ordained that the article remain within the possession of the seller, so that he will attempt to save it. For if it is destroyed, he is obligated to pay.
Halacha 6
Thus, if a purchaser paid for an article and it was destroyed by forces beyond his control before he took it, the purchaser may tell the seller: "Give me the article I purchased or return my money." Even though there are witnesses who saw that the article was destroyed by forces beyond control, the seller could not save it, and he was not lazy regarding the matter, the seller must return the money. For our Sages ordained that a kinyan is finalized through meshichah.
For this reason, if the purchaser owned the house in which the article that was sold was held, and he was renting it to the seller, our Sages did not ordain that the article must be acquired through meshichah. For the article that was sold is in the domain of the purchaser. In this instance, once he pays the money, the sale is concluded, and neither can retract.
Halacha 7
Similarly, if a person rented the place where the movable property that was sold was stored, he acquires the movable property, and neither can retract, even though he did not lift up the object of sale, perform meshichah on it or have it given him. For the object has entered his domain. As we have already explained, the rental of landed property is finalized through the transfer of money, the transfer of a rental contract or through chazakah.
Halacha 8
When a person transfers ownership of landed property and movable property simultaneously, once the purchaser or the recipient acquires the landed property through the transfer of money, the transfer of a deed of sale or through a chazakah, he acquires the movable property together with it.
This applies whether he sold both types of property, gave them both as gifts, sold the movable property and gave the landed property as a gift or sold the landed property and gave the movable property as a gift. When the purchaser or the recipient acquires the landed property, he acquires the movable property.
Halacha 9
When does the above apply? When the movable property was collected within the landed property. If, however, it was in another place, it is necessary for the seller to tell the purchaser: "Acquire the movable property by virtue of your acquisition of the immovable property."
Even when the movable property is in another country, and the seller tells the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," once the purchaser acquires the landed property, he acquires the movable property together with it, even though the movable property was not collected within the landed property.
If the seller did not tell the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," the purchaser does not acquire the movable property.
Even the smallest amount of landed property is sufficient to be used to acquire any movable property one desires by virtue of its acquisition.
Halacha 10
Different rules apply when a person transfers ownership of a field to one person and movable property to another person, even though he tells the latter: "Acquire the movable property by virtue of your colleague's acquisition of this landed property."
Although the recipient manifests ownership over the landed property, the other does not acquire the movable property. If, however, this person seizes possession of it after the seller desires to retract, it should not be removed from his possession, for he took possession of it after his colleague acquired the landed property by virtue of whose acquisition this movable property was to be acquired.
Halacha 11
When a person desires to transfer ownership over servants and landed property at the same time, although he manifests ownership over the servants, he does not acquire the landed property. Similarly, although he manifests ownership over the landed property, he does not acquire the servants unless they are standing within the landed property. Even though the seller tells the purchaser: "Acquire the servants by virtue of your acquisition of this landed property," the purchaser does not acquire the servants unless the servants are within the landed property. The rationale is that a servant goes from place to place on his own volition.
Halacha 12
When a person transfers ownership of servants and movable property at the same time, the purchaser does not acquire the servants by performing meshichah on the movable property. If he manifested his ownership over the servants, he did not acquire the movable property, unless the servant was carrying the movable property. Moreover, the servant must be bound, so that he cannot walk.
Halacha 13
The following laws apply when a person transfers ownership of both an animal and the articles it was bearing at the same time. Although he performs meshichah of the animal and acquires it - he does not acquire the articles it was bearing until he lifts up or performs meshichah on the articles themselves, if it is not customary to lift them up. The rationale is that an animal is like a walking courtyard, and thus, what it bears is not acquired by its owner. Therefore, if the animal was bound, by performing meshichah on it, one also acquires the articles it was bearing.
Halacha 14
When the seller tells the purchaser, "Perform meshichah over this animal in order to acquire the articles on it," since he does not transfer ownership of the animal itself - even if the purchaser performs meshichah on the animal while it is bound - he does not acquire the articles on it, unless he performs meshichah on those articles themselves.
Halacha 15
The following rules apply when a flowerpot with a hole was owned by one person, and the plants growing in it by another person. If the ownership of the flowerpot was transferred to the owner of the plants, he acquires it when he performs meshichah, If the ownership of the plants was transferred to the owner of the flowerpot, he does not acquire it until he manifests his ownership over the plants themselves. 16. The following rules apply when both a flowerpot with a hole and the plants growing in it were owned by one person, and he desired to transfer ownership of the entire entity to another person. If that person manifests his ownership over the flowerpot with the intent of acquiring the plants, he does not even acquire the flowerpot. If he manifests his ownership over the plants with the intent of acquiring both them and the flowerpot, he acquires the flowerpot.
This is implied by the teaching: Property that is not on lien to the seller's obligations can be acquired together with property that is on lien to the seller's obligations. For the plants in the flowerpot with a hole are considered as if they are planted in the earth. And whenever an entity is attached to the ground, it is considered to be landed property, as we have explained.
Halacha 17
As we have already explained, produce that is ready to be harvested is considered as though it has already been harvested, and can be acquired only through hagbahah or other procedures by which movable property is acquired.
Halacha 18
The following laws apply when flax is attached to the earth, but is dry and no longer needs the nurture of the earth. If the owner tells another person: "Clean the smallest portion of this land for me, and acquire it as a rental property together with all the flax on the entire surrounding field, once he uproots even the slightest amount, the renter acquires the entire quantity, on the basis of this stipulation.
If, however, the original owner transferred ownership over the flax through a sale or a gift, the recipient acquires only what he uproots, for that is what he has lifted up. The same principles apply in other analogous situations.
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Hayom Yom:
Monday, 5 Tishrei 5775 • 29 September 2014

"Today's Day"
Monday, Tishrei 5, 5704
Torah lessons: Chumash: B'racha, Sheini with Rashi.
Tehillim: 29-34. Also 100-102.
Tanya: Now it will (p. 505) ...further on. (p. 505).
A resume of the second method:
Sh: - Shiviti..., "I have set G-d (Havayeh) before me always."1 Havayeh indicates the creation of the universe and creatures. Bringing all of Creation into being and sustaining it is accomplished by bridging an infinite gap - from ayin (non-being, nihilo) to yesh (being). This form of the avoda (service) of teshuva results from one's constant awareness2 of the way in which the universe and all that is in it, is (constantly) brought into being.
FOOTNOTES
1. Tehillim 16:8.
2. "I have set...before me always etc..."
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Daily Thought:
G‑d Raw
If I wished to find all that is real and true at its very core, I would not find it in the ecstasy of the prayer of the devoted, nor in the epiphanies of the enlightened. I would not find it in the deeds of the righteous, nor in the love and kindness of those who live in harmony.
There, I would find a blinding light, an infinite light—but I would not find G‑d Himself.
If I wished to find G‑d as He is at His essence, beyond all light and darkness, beyond the infinite and the boundless, I would come to the place of those who struggle daily to leave their muck and mire, those who labor to pierce the wall of their prison so that even a glimmer of light could break through, and even as they fail, try again and again.
For this struggle all light was created. To the aid of this struggle G‑d Himself descends. When those walls are pierced, the Creator exclaims, “It was worth it, all this creation, it was worth it for this alone!”(Maamar Ani L’dodi 5726.)

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