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 103 Chapter 104 Chapter 105
Links: About the Ten Days of teshuvah; Voicemail; more on teshuvah
Today in Jewish History:
Rebbetzin Chana (1964)
Tishrei 6 is the yahrtzeit of Rebbetzin Chana Schneerson (1879-1964), mother of the Lubavitcher Rebbe.
Link: A biography of Rebbetzin Chana
Rebbetzin Chana (1964)
Tishrei 6 is the yahrtzeit of Rebbetzin Chana Schneerson (1879-1964), mother of the Lubavitcher Rebbe.
Link: A biography of Rebbetzin Chana
DAILY QUOTE:
The righteous promise little and do a lot; the wicked promise much and don't do even a little(Talmud, Bava Metzia 87a)
DAILY STUDY:The righteous promise little and do a lot; the wicked promise much and don't do even a little(Talmud, Bava Metzia 87a)
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Vezot Hab'rachah, 3rd Portion (Deuteronomy 33:13-33:17) Rashi
• Chapter 33
13. And of Joseph he said: "His land shall be blessed by the Lord, with the sweetness of the heavens with dew, and with the deep that lies below, יג. וּלְיוֹסֵף אָמַר מְבֹרֶכֶת יְהֹוָה אַרְצוֹ מִמֶּגֶד שָׁמַיִם מִטָּל וּמִתְּהוֹם רֹבֶצֶת תָּחַת:
His land shall be blessed by the Lord: For throughout the inheritance of all the tribes, there was no land more full of goodness than Joseph’s land. — [Sifrei 33:13]
מברכת ה' ארצו: שלא היתה בנחלת השבטים ארץ מלאה כל טוב כארצו של יוסף:
and with the sweetness: Heb. מִמֶּגֶד [This word denotes] delicacies and sweetness.
ממגד: לשון עדנים ומתק:
the deep: The [waters which lie in] the depth [of the earth] ascend, and moisten the land from below. You find that in the case of each tribe, Moses’ blessing resembles Jacob’s blessing [to the same tribe. For instance, Jacob blessed Joseph also with the וּמִתְּהוֹם רֹבֶצֶת תָּחַת] (Gen. 49:25).
ומתהום: שהתהום עולה ומלחלח אותה מלמטה אתה מוצא בכל השבטים ברכתו של משה מעין ברכתו של יעקב:
14. and with the sweetness of the produce of the sun, and with the sweetness of the moon's yield, יד. וּמִמֶּגֶד תְּבוּאֹת שָׁמֶשׁ וּמִמֶּגֶד גֶּרֶשׁ יְרָחִים:
and with the sweetness of the produce of the sun: for Joseph’s land was exposed to the sun, which sweetened its fruit. — [Sifrei 33:14]
וממגד תבואת שמש: שהיתה ארצו פתוחה לחמה וממתקת הפירות:
the moon’s yield: Heb. יְרָחִים גֶּרֶשׁ. Some fruits are ripened by the moon (יָרֵחַ). - [Sifrei 33:14] These are cucumbers and gourds. Another explanation: [This refers to fruits] which the earth expels (מְגָרֶשֶׁת) and brings out [from itself] month (יֶרַח) by month. — [Targum Onkelos]
גרש ירחים: יש פירות שהלבנה מבשלתן ואלו הן קשואין ודלועין. דבר אחר גרש ירחים. שהארץ מגרשת ומוציאה מחדש לחדש:
15. and with the crops of early mountains, and with the sweetness of perennial hills, טו. וּמֵרֹאשׁ הַרְרֵי קֶדֶם וּמִמֶּגֶד גִּבְעוֹת עוֹלָם:
and with the crops of early mountains: And blessed with the fruits that are first (רֹאשׁ) to ripen, for its mountains advance (קֶדֶם) the ripening of their fruits [thus,“the early mountains”]. Another explanation: [This verse] teaches [us] that their creation [that of the mountains in the territory of Joseph] preceded (קֶדֶם) that of all other mountains. — [Sifrei 33:15]
ומראש הררי קדם: ומבורכת מראשית בשול הפירות שהרריה מקדימין לבכר בשול פירותיהם. דבר אחר מגיד שקדמה בריאתן לשאר הרים:
the sweetness of perennial hills: גִּבְעוֹת עוֹלָם. Hills which produce fruit continuously (עוֹלָם) and do not cease [to produce fruit even] because of lack of rain.
גבעות עולם: גבעות העושות פירות לעולם ואינן פוסקות מעוצר הגשמים:
16. and with the sweetness of the land and its fullness, and through the contentment of the One Who dwells in the thornbush. May it come upon Joseph's head and upon the crown of the one separated from his brothers. טז. וּמִמֶּגֶד אֶרֶץ וּמְלֹאָהּ וּרְצוֹן שֹׁכְנִי סְנֶה תָּבוֹאתָה לְרֹאשׁ יוֹסֵף וּלְקָדְקֹד נְזִיר אֶחָיו:
and through the contentment of the One Who dwells in the thornbush: Heb. שֹׁכְנִי סְנֶה, equivalent to שׁוֹכֵן סְנֶה, the One Who dwells in the bush. [Thus, the verse means:]"And may his land be blessed through the favorable acceptance and contentment of the Holy One, blessed is He, Who first revealed Himself to me in a thornbush (סְנֶה).
ורצון שכני סנה: כמו שוכן סנה ותהא ארצו מבורכת מרצונו ונחת רוחו של הקב"ה הנגלה עלי תחלה בסנה:
through the contentment: Heb. וּרְצוֹן. Contentment and appeasement. Similarly, every instance of [the word] רָצוֹן in Scripture.
רצון: נחת רוח ופיוס וכן כל רצון שבמקרא:
may it come: i.e., this blessing will come upon Joseph’s head.
תבואתה: ברכה זו לראש יוסף:
the one separated from his brothers: [Joseph] who was separated from his brothers through his being sold.
נזיר אחיו: שהופרש מאחיו במכירתו:
17. To his firstborn ox is [given] glory. His horns are the horns of a re'em. With them, he will gore peoples together [throughout all] the ends of the earth these are the myriads of Ephraim, and these are the thousands of Manasseh." יז. בְּכוֹר שׁוֹרוֹ הָדָר לוֹ וְקַרְנֵי רְאֵם קַרְנָיו בָּהֶם עַמִּים יְנַגַּח יַחְדָּו אַפְסֵי אָרֶץ וְהֵם רִבְבוֹת אֶפְרַיִם וְהֵם אַלְפֵי מְנַשֶּׁה:
to his firstborn ox: Heb. בְּכוֹר שׁוֹרוֹ [In addition to the simple meaning of“firstborn,”] there are some instances in which the word בְּכוֹר has the meaning of “greatness” and “majesty,” as it is said,“I will also make him a great man (בְּכוֹר) [the highest of the kings on earth]” (Ps. 89:28); and similarly,“Israel is My son, my firstborn (בְּכוֹרִי)” [denoting high status] (Exod. 4:22). [Thus:] בְּכוֹר here: The king who will descend from Joseph, namely, Joshua.
בכור שורו: יש בכור שהוא לשון גדולה ומלכות, שנאמר (תהלים פט, כח) אף אני בכור אתנהו, וכן (שמות ד, כה) בני בכורי ישראל. בכור: מלך היוצא ממנו והוא יהושע:
his ox: whose strength is as mighty as that of an ox, to conquer many kings.
שורו: שכחו קשה כשור לכבוש כמה מלכים:
is [given] glory: [Literally, “glory is his,”] was given to him [when Moses transferred some of his attribute of majesty to Joshua when he became leader], as it is said, [God said to Moses:] “And you shall give some of your majesty to him” [Joshua] (Num. 27:20).
הדר לו: נתון לו שנאמר (במדבר כז, כ) ונתתה מהודך עליו:
and his horns are the horns of a re’em: The ox is powerful, but its horns are not beautiful; [on the other hand,] a re’em has beautiful horns, but it is not powerful. [Moses thus] blessed Joshua with the power of an ox and the beauty of a re’em 's horns. — [Sifrei 33:17]
וקרני ראם קרניו: שור כחו קשה ואין קרניו נאות, אבל ראם קרניו נאות, ואין כחו קשה, נתן ליהושע כחו של שור ויופי קרני ראם:
the ends of the earth: [This refers to] the thirty-one kings [whom Joshua conquered in the Land of Israel]. Is it possible that these kings were all from the Land of Israel? [The answer is, that] there was not one king or ruler who did not acquire for himself a palace and a holding in the Land of Israel [even though he belonged to another country]. [And why so?] Because the Land of Israel was considered distinguished to all of them, as it is said [of the Land of Israel], “The finest inheritance of the hosts of nations” (Jer. 3:19). - [Sifrei 33:17] [For this reason, the thirty-one kings are referred to as “the ends of the earth.”
אפסי ארץ: שלושים ואחד מלכים אפשר שכולם מארץ ישראל היו אלא אין לך כל מלך ושלטון שלא קנה לו פלטרין ואחוזה בארץ ישראל, שחשובה לכולם היא, שנאמר (ירמיה ג, יט) נחלת צבי צבאות גוים:
these are the myriads of Ephraim: The ones who are to be gored are the myriads who were killed by Joshua who was descended from Ephraim [Joseph’s son].
והם רבבות אפרים: אותם המנוגחים הם הרבבות שהרג יהושע, שבא מאפרים:
and these are the thousands of Manasseh: They are the thousands killed in Midian by Gideon, [who was descended from Manasseh, Joseph’s other son], as it is said, “Now Zebah and Zalmunna were in Karkor…” (Jud. 8:10) [and the verse continues to enumerate many thousands of hosts which were there].
והם אלפי מנשה: הם האלפים שהרג גדעון במדין, שנאמר (שופטים ח, י) וזבח וצלמונע בקרקר וגו':
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Daily Tehillim: Psalms Chapters 35-38
• 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 35
This psalm is an awe-inspiring and wondrous prayer about David's enemies-that they be as chaff before the wind, chased by the angel of God. It also declares that everything comes about through God's help.
1. By David. Fight my antagonists, O Lord, battle those who battle against me.
2. Take hold of shield and armor and arise to help me.
3. Draw a spear, and bar the way before my pursuers; say to my soul, "I am your deliverance.”
4. Let those who seek my life be shamed and disgraced; let those who devise my harm retreat and be humiliated.
5. Let them be as chaff before the wind; let the angel of the Lord thrust them away.
6. Let their path be dark and slippery; let them be chased by the angel of the Lord.
7. For without cause have they laid their nets in the pit for me; without cause have they dug [pits] for my soul.
8. Let darkness come upon him unawares; let the very snare that he hid trap him, in darkness he will fall in it.
9. And my soul shall exult in the Lord, rejoice in His deliverance.
10. My entire being shall declare: Lord, who is like You? Who saves the poor from one stronger than he, the poor and the destitute from one who would rob him.
11. Corrupt witnesses rise up [against me], they demand of me things of which I do not know.
12. They repay me evil for good, death for my soul.
13. But I wore sackcloth when they were ill; I afflicted my soul with fasting. Let my prayer return upon my own bosom.
14. As if it were my friend, my brother, I went about; like a mother in mourning, I was bent over in gloom.
15. But when I limped, they rejoiced and gathered; the lowly gathered against me-even those whom I do not know; they laugh and cannot be quiet.
16. With flattery and scorn, for the sake of a meal,1 they gnash their teeth at me.
17. My Lord, how long will You look on? Restore my life from their darkness; from young lions, my soul.
18. I will thank You in a great congregation, amidst a mighty nation I will praise You.
19. Let not those who hate me without cause rejoice over me; [let not] those who despise me without reason wink their eye.
20. For they speak not of peace, rather they scheme deceitful matters against the broken of the land.
21. They opened their mouths wide against me, they said, "Aha! Aha! Our eyes have seen [his misfortune].”
22. You saw, Lord, be not silent; my Lord, be not distant from me.
23. Rouse and awaken Yourself to my judgement, to my cause, my God and my Lord.
24. Judge me according to your righteousness, Lord my God; let them not rejoice over me.
25. Let them not say in their hearts, "Aha! We have our desire!" Let them not say, "We have swallowed him!”
26. Let them be shamed and disgraced together, those who rejoice at my trouble; let them be clothed in shame and humiliation, those who raise themselves arrogantly over me.
27. Let those who desire my vindication sing joyously and be glad; let them say always, "Let the Lord be exalted, Who desires the peace of His servant.”
28. My tongue will speak of Your righteousness, Your praise, all day long.
Chapter 36
This psalm is a message to those who follow their evil inclination, that tells them, "Do not place the fear of God before you," and brings them to sin by beautifying evil deeds in their eyes. For so is his way: "He descends (to earth) and corrupts, then goes up (to the Heavenly Court) and prosecutes."
1. For the Conductor, by the servant of the Lord, by David.
2. [I think] in my heart: Sin says to the wicked, "There is none [who need place] the fear of God before his eyes.”
3. For Sin makes itself appealing to him, until his iniquity be found and he is hated.
4. The speech of his mouth is evil and deceit; he fails to reason, to improve.
5. On his bed he contemplates evil, he stands in a path that is not good; he does not despise evil.
6. O Lord, Your kindness is in the heavens; Your faithfulness is till the skies.
7. Your righteousness is like the mighty mountains, Your judgements extend to the great deep; man and beast You deliver, O Lord.
8. How precious is Your kindness, O God; man takes shelter in the shadow of Your wings.
9. They will be filled by the abundance of Your house; from the stream of Your Eden, You will give them to drink.
10. For the source of life is with You; in Your Light do we see light.
11. Extend Your kindness to those who know You, and Your righteousness to the upright of heart.
12. Let not the foot of the arrogant overtake me; let not the hand of the wicked drive me away.
13. There1 the doers of evil fell, thrust down, unable to rise.
Chapter 37
King David exhorts his generation not to be jealous of the prosperity of the wicked, for it may lead to falling into their ways. Rather, put your trust in God, conduct yourselves with integrity, and God will take care of everything.
1. By David. Do not compete with the wicked; do not envy doers of injustice.
2. For like grass they will be swiftly cut down; like green vegetation they will wither.
3. Trust in the Lord and do good; then will you abide in the land and be nourished by faith.
4. Delight in the Lord, and He will grant you the desires of your heart.
5. Cast your needs upon the Lord; rely on Him, and He will take care.
6. He will reveal your righteousness like the light, your justness like the high noon.
7. Depend on the Lord and hope in Him. Compete not with the prosperous, with the man who invents evil schemes.
8. Let go of anger, abandon rage; do not compete with [one who intends] only to harm.
9. For the evildoers will be cut down; but those who hope in the Lord, they will inherit the earth.
10. For soon the wicked one will not be; you will gaze at his place and he will be gone.
11. But the humble shall inherit the earth, and delight in abundant peace.
12. The wicked one plots against the righteous, and gnashes his teeth at him.
13. My Lord laughs at him, for He sees that his day will come.
14. The wicked have drawn a sword and bent their bow to fell the poor and destitute, to slaughter those of upright ways.
15. But their sword shall enter their own hearts, and their bows shall break.
16. Better the little of the righteous, than the abundant wealth of the wicked.
17. For the strength of the wicked will be broken, but the Lord supports the righteous.
18. The Lord appreciates the days of the innocent; their inheritance will last forever.
19. They will not be shamed in times of calamity, and in days of famine they will be satisfied.
20. For the wicked shall perish, and the enemies of the Lord are as fattened sheep: consumed, consumed in smoke.
21. The wicked man borrows and does not repay; but the righteous man is gracious and gives.
22. For those blessed by Him will inherit the earth, and those cursed by Him will be cut off.
23. The steps of man are directed by God; He desires his way.
24. When he totters he shall not be thrown down, for the Lord supports his hand.
25. I have been a youth, I have also aged; yet I have not seen the righteous forsaken, nor his offspring begging bread.
26. All day he is kind and lends; his offspring are a blessing.
27. Turn away from evil and do good, and you will dwell [in peace] forever.
28. For the Lord loves justice, he will not abandon his pious ones-they are protected forever; but the offspring of the wicked are cut off.
29. The righteous shall inherit the earth and dwell upon it forever.
30. The mouth of the righteous one utters wisdom, and his tongue speaks justice.
31. The Torah of his God is in his heart; his steps shall not falter.
32. The wicked one watches for the righteous man, and seeks to kill him.
33. But the Lord will not abandon him in his hand, nor condemn him when he is judged.
34. Hope in the Lord and keep His way; then He will raise you high to inherit the earth. When the wicked are cut off, you shall see it.
35. I saw a powerful wicked man, well-rooted like a vibrant, native tree.
36. Yet he vanished, behold he was gone; I searched for him, but he could not be found.
37. Watch the innocent, and observe the upright, for the future of such a man is peace.
38. But sinners shall be destroyed together; the future of the wicked is cut off.
39. The deliverance of the righteous is from the Lord; He is their strength in time of distress.
40. The Lord helps them and delivers them; He delivers them from the wicked and saves them, because they have put their trust in Him.
Chapter 38
A prayer for every individual, bewailing the length of the exile. One who is in distress should recite this psalm, hence its introduction, "A psalm... to remind" (to remind us to recite it in times of distress). One can also derive many lessons from it.
1. A psalm by David, to remind.
2. O Lord, do not rebuke me in Your anger, nor chastise me in Your wrath.
3. For Your arrows have landed in me, Your hand descended upon me.
4. There is no soundness in my flesh because of Your rage, no peace in my bones because of my sin.
5. For my iniquities have flooded over my head; like a heavy load, they are too heavy for me.
6. My wounds are rotted; they reek because of my foolishness.
7. I am bent and extremely bowed; all day I go about in gloom.
8. My sides are inflamed; there is no soundness in my flesh.
9. I am weakened and extremely depressed; I howl from the moaning of my heart.
10. My Lord, all that I desire is before You; my sighing is not hidden from You.
11. My heart is engulfed, my strength has left me; the light of my eyes they, too, are not with me.
12. My friends and companions stand aloof from my affliction; my intimates stand afar.
13. The seekers of my life have laid traps; those who seek my harm speak destructiveness; they utter deceits all day long.
14. But I am like a deaf man, I do not hear; like a mute that does not open his mouth.
15. I was like a man that does not perceive, and in whose mouth there are no rebuttals.
16. Because for You, O Lord, I wait; You will answer, my Lord, my God.
17. For I said, "Lest they rejoice over me; when my foot falters they will gloat over me.”
18. For I am accustomed to limping, and my pain is constantly before me.
19. For I admit my iniquity; I worry because of my sin.
20. But my enemies abound with life; those who hate me without cause flourish.
21. Those who repay evil for good resent me for my pursuit of good.
22. Do not forsake me, O Lord; do not be distant from me, my God.
23. Hurry to my aid, O my Lord, my Salvation.
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 103, 104 and 105.
Chapter 103
David's prayer when he was ill, this psalm is an appropriate prayer on behalf of the sick, especially when offered by the sick person himself while his soul is yet in his body. He can then bless God from his depths, body and soul. Read, and find repose for your soul.
1. By David. Bless the Lord, O my soul; and all my being, His holy Name.
2. My soul, bless the Lord; forget not all His favors:
3. Who forgives all your sins, Who heals all your illnesses;
4. Who redeems your life from the grave, Who crowns you with kindness and mercy;
5. Who satisfies your mouth with goodness; like the eagle, your youth is renewed.
6. The Lord executes righteousness and justice for all the oppressed.
7. He made His ways known to Moses, His deeds to the Children of Israel.
8. The Lord is compassionate and gracious, slow to anger and of great kindness.
9. He will not contend for eternity, nor harbor ill will forever.
10. He has not dealt with us according to our transgressions, nor requited us according to our sins.
11. For as high as heaven is above the earth, so has His kindness been mighty over those who fear Him.
12. As far as the east is from the west, so has He distanced our transgressions from us.
13. As a father has compassion on his children, so has the Lord had compassion on those who fear Him.
14. For He knows our nature; He is mindful that we are but dust.
15. As for man, his days are like grass; like a flower of the field, so he sprouts.
16. When a wind passes over him, he is gone; his place recognizes him no more.
17. But the kindness of the Lord is forever and ever upon those who fear Him, and His righteousness is [secured] for children's children,
18. to those who keep His covenant, and to those who remember His commands to do them.
19. The Lord has established His throne in the heavens, and His kingship has dominion over all.
20. Bless the Lord, you His angels who are mighty in strength, who do His bidding to obey the voice of His speech.
21. Bless the Lord, all His hosts, His servants who do His will.
22. Bless the Lord, all His works, in all the places of His dominion. My soul, bless the Lord!
Chapter 104
This psalm tells of the beauty of creation, describing that which was created on each of the six days of creation. It proclaims the awesomeness of God Who sustains it all-from the horns of the wild ox to the eggs of the louse.
1. My soul, bless the Lord! Lord my God, You are greatly exalted; You have garbed Yourself with majesty and splendor.
2. You enwrap [Yourself] with light as with a garment; You spread the heavens as a curtain.
3. He roofs His heavens with water; He makes the clouds His chariot, He moves [them] on the wings of the wind.
4. He makes the winds His messengers, the blazing fire His servants.
5. He established the earth on its foundations, that it shall never falter.
6. The depths covered it as a garment; the waters stood above the mountains.
7. At Your exhortation they fled; at the sound of Your thunder they rushed away.
8. They ascended mountains, they flowed down valleys, to the place which You have assigned for them.
9. You set a boundary which they may not cross, so that they should not return to engulf the earth.
10. He sends forth springs into streams; they flow between the mountains.
11. They give drink to all the beasts of the field; the wild animals quench their thirst.
12. The birds of the heavens dwell beside them; they raise their voice from among the foliage.
13. He irrigates the mountains from His clouds above; the earth is satiated from the fruit of Your works.
14. He makes grass grow for the cattle, and vegetation requiring the labor of man to bring forth food from the earth;
15. and wine that gladdens man's heart, oil that makes the face shine, and bread that sustains man's heart.
16. The trees of the Lord drink their fill, the cedars of Lebanon which He planted,
17. wherein birds build their nests; the stork has her home in the cypress.
18. The high mountains are for the wild goats; the rocks are a refuge for the rabbits.
19. He made the moon to calculate the festivals; the sun knows its time of setting.
20. You bring on darkness and it is night, when all the beasts of the forest creep forth.
21. The young lions roar for prey, and seek their food from God.
22. When the sun rises, they return and lie down in their dens.
23. Then man goes out to his work, to his labor until evening.
24. How manifold are Your works, O Lord! You have made them all with wisdom; the earth is full of Your possessions.
25. This sea, vast and wide, where there are countless creeping creatures, living things small and great;
26. there ships travel, there is the Leviathan that You created to frolic therein.
27. They all look expectantly to You to give them their food at the proper time.
28. When You give it to them, they gather it; when You open Your hand, they are satiated with goodness.
29. When You conceal Your countenance, they are terrified; when You take back their spirit, they perish and return to their dust.
30. When You will send forth Your spirit they will be created anew, and You will renew the face of the earth.
31. May the glory of the Lord be forever; may the Lord find delight in His works.
32. He looks at the earth, and it trembles; He touches the mountains, and they smoke.
33. I will sing to the Lord with my soul; I will chant praise to my God with my [entire] being.
34. May my prayer be pleasant to Him; I will rejoice in the Lord.
35. May sinners cease from the earth, and the wicked be no more. Bless the Lord, O my soul! Praise the Lord!
Chapter 105
When David brought the Holy Ark up to the City of David, he composed this psalm and sang it before the Ark. He recounts all the miracles that God performed for the Jews in Egypt: sending before them Joseph, who was imprisoned, only to be liberated by God, eventually attaining the status of one who could imprison the princes of Egypt without consulting Pharaoh.
1. Offer praise to the Lord, proclaim His Name; make His deeds known among the nations.
2. Sing to Him, chant praises to Him, speak of all His wonders.
3. Glory in His holy Name; may the heart of those who seek the Lord rejoice.
4. Search for the Lord and His might; seek His countenance always.
5. Remember the wonders that He has wrought, His miracles, and the judgements of His mouth.
6. O descendants of Abraham His servant, children of Jacob, His chosen ones:
7. He is the Lord our God; His judgements extend over the entire earth.
8. He remembers His covenant forever, the word which He has commanded to a thousand generations;
9. the covenant which He made with Abraham, and His oath to Isaac.
10. He established it for Jacob as a statute, for Israel as an everlasting covenant,
11. stating, "To you I shall give the land of Canaan"-the portion of your inheritance,
12. when they were but few, very few, and strangers in it.
13. They wandered from nation to nation, from one kingdom to another people.
14. He permitted no one to wrong them, and admonished kings for their sake:
15. "Do not touch my anointed ones, and do not harm my prophets.”
16. He called for a famine upon the land; he broke every source of bread.
17. He sent a man before them; Joseph was sold as a slave.
18. They afflicted his foot with chains, his soul was put into iron;
19. until the time that His words came, the decree of the Lord purified him.
20. The king sent [word] and released him, the ruler of nations set him free.
21. He appointed him master of his house and ruler of all his possessions,
22. to imprison his princes at will, and to enlighten his elders.
23. Thus Israel came to Egypt, and Jacob sojourned in the land of Ham (Egypt).
24. He multiplied His nation greatly, and made it mightier than its adversaries.
25. He turned their hearts to hate His nation, to conspire against His servants.
26. He sent Moses, His servant; Aaron, whom He had chosen.
27. They placed among them the words of His signs, miracles in the land of Ham.
28. He sent darkness and made it dark, and they did not defy His word.
29. He transformed their waters to blood, and killed their fish.
30. Their land swarmed with frogs in the chambers of their kings.
31. He spoke, and hordes of wild beasts came, and lice throughout their borders.
32. He turned their rains to hail, flaming fire in their land;
33. it struck their vine and fig tree, it broke the trees of their borders.
34. He spoke, and grasshoppers came, locusts without number;
35. and it consumed all grass in their land, it ate the fruit of their soil.
36. Then He smote every firstborn in their land, the first of all their potency.
37. And He took them out with silver and gold, and none among His tribes stumbled.
38. Egypt rejoiced at their leaving, for the fear [of Israel] had fallen upon them.
39. He spread out a cloud for shelter, and a fire to illuminate the night.
40. [Israel] asked, and He brought quail, and with the bread of heaven He satisfied them.
41. He opened a rock and waters flowed; they streamed through dry places like a river,
42. for He remembered His holy word to Abraham His servant.
43. And He brought out His nation with joy, His chosen ones with song.
44. He gave them the lands of nations, they inherited the toil of peoples,
45. so that they might keep His statutes and observe His laws. Praise the Lord!
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Tanya: Iggeret HaKodesh, middle of Epistle 20
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, 6 Tishrei 5775 • 30 September 2014
Iggeret HaKodesh, middle of Epistle 20
והנה ראשית היש הנברא ותחילתו, הן הכלים דיו״ד ספירות דבריאה יצירה עשיה, וגם האורות נפש רוח
Now, the kelim of the Ten Sefirot of Beriah, Yetzirah and Asiyah, and also the orot — Nefesh and Ruach, are the first stage and the beginning of created substantiality (yesh).
The orot (“lights”) that vest themselves in the kelim and thereby animate them consist of Nefesh, Ruach and Neshamah, which are simultaneously three levels in the soul, and three levels in the life-force (“light”) that animates the worlds at large.
The lower two of these, Nefesh and Ruach, also comprise an element of yesh.
ונבראו מבחינת הנשמה די״ס דבי״ע, שהוא אלקות
[The kelim] were created from the category of Neshamah of the Ten Sefirot of Beriah, Yetzirah and Asiyah, this [Neshamah of the Ten Sefirot] being Divinity.
I.e., the G‑dliness of the Sefirot creates the yesh of the kelim of the Sefirot and also their Nefesh and Ruach.
והן הלמ״ד כלים דמלכות דאצילות
And these [orot of the Sefirot] are the thirty kelim of [the Sefirah of] Malchut of [the World of] Atzilut.
In the World of Atzilut, even the external aspect of the kelim of Malchut is G‑dliness. It is this external aspect of the kelim of Malchut that vests itself in the Worlds of Beriah, Yetzirah and Asiyah and becomes their soul and life-force. These external kelim are composed of three tenfold levels — the innermost kelim, the intermediary kelim, and the outermost kelim — thirty in all.
וכן באצילות
It is likewise in Atzilut, that the emanated yesh derives from the external aspect of the kelim of Atzilut.
מחיצוניות הכלים דיו״ד ספירות דאצילות, שהן אלוקות, נבראו ההיכלות דאצילות
From the chitzoniyut (the external aspect) of the kelim of the Ten Sefirot of Atzilut, which are G‑dliness, were created the Heichalot (the Celestial Chambers) of Atzilut,
Unlike the kelim and Sefirot in which there is vested the internal level of the orot, these Heichalot are an external aspect of the World of Atzilut.
שמתלבש בהן בחינת העיגולים דיו״ד ספירות
in which the category of the Iggulim of the Ten Sefirot vests itself,
The term Iggulim (lit., “circles”) refers to the “encompassing” mode of influence (or makkif) of the Sefirot, which does not permeate the created beings which it illuminates. A penetrating mode of influence (or pnimi) would make the animated object resemble the life-force that animates it. The exterior or encompassing mode of influence called Iggulim, by contrast, allows the animated object to perceive itself as a yesh, albeit an emanated form of yesh.
וגם גופות המלאכים דאצילות, שהן בחינת יש
and also the bodies of the angels of Atzilut, which are a form of yesh, are created from the external kelim of the Sefirot of Atzilut,
וכמו שכתוב: ובמלאכיו ישים תהלה
as it is written,1 “And His angels He charges with deficiency,”2
The phrase “His angels” implies those nearest to G‑d, viz., the angels of the World of Atzilut. Yet even these are deficient in that they are yesh and not Divinity.
שאינן בבחינת ביטול לגמרי, כעלול לגבי עילתו
because they are not wholly in a state of nullification as the alul is in relation to its ilah, for they are created in a manner of yesh from ayin.
FOOTNOTES
1. Iyov 4:18.
2. The last word of the Hebrew quotation is vocalized with a kamatz, kamatz katan, and kamatz.
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Rambam:
Daily Mitzvah P245 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 6 Tishrei 5775 • 30 September 2014
Daily Mitzvah P245 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 6 Tishrei 5775 • 30 September 2014
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
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 245
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).
Transactions
Positive Commandment 245
Translated by Berel Bell
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.
FOOTNOTES
1.Lev. 25:14.
2.Bava Metzia 47b.
3.Ibid., 99a.
4.Such as building something on the land.
5.See Kiddushin 26a.
________________________________________
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 245
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).
Transactions
Positive Commandment 245
Translated by Berel Bell
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.
FOOTNOTES
1.Lev. 25:14.
2.Bava Metzia 47b.
3.Ibid., 99a.
4.Such as building something on the land.
5.See Kiddushin 26a.
________________________________________
Rambam:
• 1 Chapter a Day: Sanhedrin veha`Onashin haMesurin lahem - Chapter 6Sanhedrin veha`Onashin haMesurin lahem - Chapter 6
Halacha 1
The following laws apply whenever a judge adjudicates a case involving financial matters and errs. If his error involves matters that are revealed and known - e.g., a law that is explicitly stated in the Mishnah or the Gemara, the ruling is reversed. The situation is returned to its original status and the judgment required by halachah is rendered. If it is impossible to return the matter to its original status, e.g., the person who unwarrantedly received the money traveled overseas, or he was a stubborn and strong person, the judge is not liable. Although he caused a loss, he did not have the intent of doing so. Similar laws apply if a judge ruled that a substance that was pure was impure, that an animal that was kosher was unacceptable and had it fed to the dogs, or the like.
Halacha 2
Different principles apply if the judge errs in a case requiring a decision to be made by using one's logic to weigh alternative positions, for example, a case arouse involving the subject of a difference of opinion among the Sages of the Mishnah or the Sages of the Gemara where it was not explicitly stated whose opinion the halachah follows. The judge decided to follow one opinion without knowing it had already been universally established practice within the Torah community to follow the other view.
In such a situation, if the judge was an expert who had been given license to adjudicate cases by the exiliarch, or even if he had not been given such license, but the litigants voluntarily accepted him as their judicial authority, the ruling is reversed. The rationale is that he is an expert.
If the ruling cannot be reversed, he is not liable to make restitution. This applies both to a judge who received permission from the exiliarch or one received permission from a Jewish court to adjudicate cases in Eretz Yisrael, but not to serve as judge in the diaspora, as explained.
Halacha 3
Different rules apply if the person who erred in a question of logical deduction was an expert judge, but he had not received license to adjudicate cases, nor was he accepted by the litigants as an authority, or was not an expert, but was accepted by the litigants to adjudicate their case according to Torah law. If he personally took property from one litigant and gave it to the other, his actions are irreversible and he should pay the damages from his own resources. If, however, he did not personally take the property from one and give it to the other, the decision should be reversed. If the decision cannot be reversed, he should pay the damages from his own resources.
Halacha 4
When, however, a person is not an expert and was not accepted by the litigants adjudicates a case, even though he was given permission to act as a judge, he is considered as one of the men of force and not as a proper judge. Therefore, the judgment he renders is of no consequence. This applies whether he erred or whether he did not err. Either one of the litigants may withdraw and have the case adjudicated by a proper court.
If such a judge erred and personally gave property from one litigant to the other, he is obligated to pay from his own resources. He may then regain the money from the litigant to whom he gave property unlawfully. If one litigant paid the other because of the ruling of such a judge and the recipient is unable to return the money or if the judge rendered an object ritually impure or gave meat that was kosher to the dogs to eat, the judge must bear the loss as is the law regarding anyone who causes damages. For such a person has the intent of causing damages.
Halacha 5
When a judge errs and obligates a person who is not required to take an oath to do so, and in order to free himself from the obligation to take the oath, this person negotiated a compromise with the other litigant, the compromise may be revoked. Even though he affirmed the compromise with a kinyan, it is of no substance. He agreed to pay or to waive the other person's liability only to free himself from the oath to which the person who erred obligated him. And whenever a kinyan is carried out on the basis of an error, it is annulled. Similar laws apply in all analogous situations.
Halacha 6
When two people are involved in a dispute concerning a judgment, one states: "Let us have the matter judged here," and the other says, "Let us ascend to the Supreme Court, lest these judges err and expropriate money contrary to the law," we compel the latter litigant to have the matter adjudicated locally.
If he asks the judges: "Write down the rationale why you have rendered this judgment against me and give it to me, lest you have erred," they must write down their rationales and give him the transcript. Afterwards, they expropriate what he owes. If the local judges feel the need to ask for clarification regarding a matter from the Supreme Court in Jerusalem, they should write down their question and send it. After their inquiry, the judgment should be rendered in the local court on the basis of the answer written to them by the Supreme Court.
Halacha 7
When does the above apply? With regards to judgments dependent on claims issued by both litigants or a situation when a lender desires to have the case adjudicated locally and the borrower says: "Let us go to the Supreme Court." If, by contrast, the lender says: "Let us go to the Supreme Court," we compel the borrower to ascend with the lender, as implied by Proverbs 22:7: "A borrower is a servant to the lender."
Similarly, if a person claims that his colleague injured or damaged his person or his property or stole from him, and the plaintiff desires to ascend to the Supreme Court, the local court compels the defendant to ascend together with him. Similar laws apply in all analogous situations.
Halacha 8
When does the above apply? When the person from who property was stolen, the person who suffered injury or damage, or the lender has witnesses or proof that support his claim. When, however, his claim is unsupported, we do not obligate the defendant to leave his locale. Instead, he takes an oath there and is freed of obligation.
Halacha 9
Similar concepts apply in the present age, when there is no Supreme Court, but there are places where there are great sages whose expertise is renown and there are other places where there are scholars who are not on that level. If the lender says: "Let us go to this-and-this place in this-and-this land to have the case adjudicated by so-and-so, the great sage," we compel the borrower to go with him. This was the practice continually in Spain.
____________________________
Rambam:
• 3 Chapters a Day: Mechirah - Chapter Four, Mechirah - Chapter Five, Mechirah - Chapter Six
Mechirah - Chapter Four
Halacha 1
Containers owned by a person can acquire articles on his behalf wherever he has permission to place them down. Once movable property enters this container, neither can retract; it is as if the article were lifted up or placed in his home.
Therefore, a person's containers cannot acquire articles on his behalf in the public domain or in a domain belonging to the seller unless the seller tells him, "Go, acquire the article with this container."
Similarly, if the purchaser first acquired the container and lifted it up, and afterwards placed it down in the domain of the purchaser and bought produce from him, once the produce is placed in this container, he acquires it. Since the seller derives satisfaction from selling the container, he does not object to the container being placed in his domain.
Halacha 2
Just as containers belonging to the purchaser do not acquire articles for him when placed in the seller's domain, so too, containers belonging to the seller do not acquire articles for the purchaser even when they are within the purchaser's domain.
Halacha 3
Mesirah may be used to acquire an article only in the public domain, or in a courtyard that is not owned by either the seller or the purchaser.
Meshichah may be used to acquire an article only in a corner off the public domain or in a courtyard that is owned jointly by the seller and the purchaser. Hagbahah may be used to acquire an article in any place.
Halacha 4
The following rule applies when an article that could be acquired through meshichah is located in the public domain, and is drawn by the purchaser into his own domain or into a corner of the public domain. As soon as he removes a portion of the article from the public domain, he acquires it. 5. When there is a load of produce in the public domain and, after having established a price, the purchaser draws it into his own domain or into a corner of the public domain he acquires it, even if he has not measured it.
Similarly, if, while in the public domain, the purchaser measures produce that he purchases, he acquires it, item by item, for as he measures it, he is lifting it up.
Halacha 6
If, by contrast, the seller measures the produce into containers belonging to the purchaser, the purchaser does not acquire it. For a purchaser's containers cannot acquire on his behalf in the public domain.
If the produce is located in a domain belonging to the purchaser, once the seller agrees to sell the produce, the purchaser acquires it, even if he does not measure it.
If the produce is located in a domain belonging to the seller, or in a domain belonging to a person to whom the seller has entrusted it, the purchaser does not acquire the produce until he lifts it up, or until he removes it from the seller's domain by renting its place, or the like, as we have explained.
Halacha 7
The following rules apply when the produce is located in a corner of the public domain or in a domain belonging to both the seller and the purchaser -or even if it is in a domain belonging to the purchaser, but in containers belonging to the seller- and the seller agreed to sell the produce,and has begun to measure it into containers belong to the seller. If the seller tells the purchaser: "I will sell you a torof produce for 30 sela," he can retract even at the last se'ah, because the produce is in his containers, and he has not completed the measurement. For the containers belonging to a seller do not acquire for a purchaser, even in the purchaser's domain.
If he told him: "I will sell you a kor of produce for 30 sela, i.e., each se'ah for a sela" the purchaser acquires each se'ah, one by one as it is measured.For since the seller mentioned the price for each individual se'ah, each of those units is a distinct entity. Whenever the seller lifts up a se'ah and pours it into the measure, the sale of this unit is concluded.
The rationale for this law is that the produce is not located in a domain belonging to the seller, nor is it in the public domain. If the produce was not held in the containers of the seller, the purchaser would acquire it once a price was agreed upon, since it is located in his domain even though it had not been measured, as has been explained in the previous halachah.
Halacha 8
Similar rules apply when a person sells wine or oil to a colleague in a corner of the public domain or in a courtyard belonging to both the seller and the purchaser, or in a domain belonging to the purchaser, and the measure belongs to the broker. Before the measure is filled, the liquid remains the seller's. Once the measure is filled, the liquid becomes the purchaser's. Neither of them can retract.
Halacha 9
Similar rules apply if produce is held in a corner of the public domain or in a courtyard belonging to both the seller and the purchaser, the measuring container does not belong to either of them, and the seller was measuring. Before the measure is filled, it remains in the possession of the seller. Once the measure is filled, however, it becomes the purchaser's.
Halacha 10
The following rules apply when the measure belongs to either the purchaser or the seller, and it has marks indicating the halfway point, thirds, quarters and the like. Once the produce reaches one of those markings, that portion is acquired even though the entire measure has not been filled. For every marking is considered to be a measure in its own right. For the measure belongs to one of them, and he relies on its markings.
Halacha 11
Maintain awareness of this significant general principle: When a person acquires movable property, he acquires it, if he establishes the price and afterwards lifts up the article. If first he lifts it up and puts it down, and then a price is established afterwards, he does not acquire it because he lifted it up at the outset. Instead, it is only when he lifts it up after a price is established, or performs meshichah on an object that is not ordinarily lifted up.
Halacha 12
When an object that has a standard and known price is sold, and the purchaser lifts it up, he acquires it, even though he and the seller agree on the price only after he lifts it up. Similarly, with regard to other means through which movable property is acquired. The acquisition must be made after the price of the article is established, unless there is a standard price for the article, as has been explained.
Halacha 13
For this reason, the following rules apply if a person draws donkey -drivers and the produce their beasts are carrying and porters bearing containers filled with produce into his home. If the produce is measured before a price is established - even if the purchaser is the one who measures - or they established the price and then the seller measures the produce, both the seller and purchaser are entitled to retract.Different rules apply if the purchaser unloaded the produce and brought it into his home. If a price was established and then the seller measured, neither can retract. For the seller had made a commitment to sell. If he measured before a price was established, both can retract, because he has not made a commitment to sell. This applies even if the purchaser measures.
Halacha 14
The following rules apply if a person takes utensils from a craftsman in order to inspect them to see whether he will purchase them. If they have a fixed price, and they are destroyed by forces beyond his control while in his possession, he is responsible for their value. The rationale is that since they are of a fixed value, they are considered to have entered his domain at the time he lifted them up.
The above applies under two conditions: a) he lifts the utensil up with the intent of acquiring it in its entirety, and b) the article being sold would be appreciated by a purchaser.
When, however, the seller is repelled by an article and seeks - and indeed pursues - an opportunity to sell it, it remains in the domain of the seller until a price is established and the purchaser lifts it up afterwards.
Halacha 15
All the above rules apply whether the purchaser himself performs meshichah on an object, lifts it up or manifests ownership over it, or tells another person to lift it up, perform meshichah or manifest ownership. The other person acquires for for the purchaser. This also applies with regard to other acts of acquisition.
Mechirah - Chapter Five
Halacha 1
The exchange of any movable property brings about a binding transaction. What is implied? If a person exchanges a cow for a donkey, or wine for oil, once one performs meshichah or lifts up the article that he intends to acquire, the other person acquires the second form of movable propertystipulated in the exchange, wherever it is located. It is considered to have entered his domain, even though he has not performed meshichah upon it.
The above applies although both parties to the transaction are particular about the price, have determined how much this article is worth and how much the other article is worth, and exchanged them after making that determination.
Halacha 2
When a person exchanges a donkey for a cow and a lamb, if he performs meshichah on the cow but not on the lamb, the acquisition is not concluded, for he did not complete the meshichah. The same principle applies in all analogous situations.
Halacha 3
When one is not precise about the amount of money involved in a transaction, the money is considered in the same way as other types of movable property, and its exchange brings about a binding transaction.
What is implied? A person scooped up coins without weighing them or counting them, but rather took an estimated amount, said: "Sell me your cow...," or "...this wine, for these coins," and gave him the coins, the transaction is completed; neither party may retract.' Since this is an uncommon situation, our Sages did not require the purchaser to perform meshichah.
Halacha 4
Similarly, movable property can be acquired without meshichah in the following situation. Reuven sold movable property to Shimon for 50 zuz. Shimon acquired the movable property and obligated himself to pay Reuven the price agreed upon. After Shimon became obligated to Reuven for these 50 zuz, he desired to sell wine, an animal, a servant or other similar movable property. Reuven told him: "Sell that object to me for the 50 zuz that you owe me for the sale," and Shimon agreed.
Reuven acquires the movable property regardless of where it is located, even though he neither performed meshichah nor lifted the object up. The rationale is that this also is an abnormal circumstance, and our Sages did not require meshichah.
When, by contrast, a person is in debt for reasons other than a sale, and his creditor tells him: "Sell me the movable property for the debt that you owe me," even though both agree, the transaction is not completed until he lifts up the object, performs meshichah on an object that is not usually lifted up, or acquires it through other means by which movable property can be acquired.
Halacha 5
Landed property, servants, livestock and all other movable property can be acquired through the kinyan referred to as chalifin. This way of finalizing a transaction is so commonly used that it is also referred to as kinyan.
The fundamental manner in which such a transaction is effected is as follows: The purchaser gives the seller any type of article and tells him: "Acquire this article in exchange for the courtyard,..." "...wine,..." "...animal,..."or "...servant that you sold me in exchange for this and this amount of money."
Once this statement is made, when the seller lifts up the article and acquires it, the purchaser acquires that landed property or that movable property even though he did not perform meshichah or pay the money. Neither of the parties involved can retract.
Halacha 6
Such a transaction may be completed only through the use of a utensil. A utensil is effective, however, even if it is not worth a p'rutah.
Such a transaction may not be completed using an article from which it is forbidden to benefit, nor with produce, nor with a coin.
Such a transaction may not be completed using an article belonging to the seller; only one belonging to the purchaser.
Halacha 7
When a third party transfers a utensil to the seller so that the purchaser will acquire merchandise that was designated, the purchaser acquires it.
Even though he transfers the utensil to him with the intent that it be returned, the transaction is binding, and the purchaser acquires the merchandise intended. For a gift that is given with the stipulation that it be returned is nevertheless considered a gift.
Moreover, even if the seller does not take hold of the entire utensil that was transferred to him in exchange for his merchandise, but rather holds a portion of it, and the person transferring the utensil to him holds the other portion, the purchaser acquires the merchandise, provided he holds a portion of the utensil that can itself be considered to be a utensil, or grabs it in a manner in which he would be able to pull the entire utensil from the hands of the person transferring it into his own possession.
Therefore, if the person transferred a portion of a garment to a purchaser, the purchaser must hold a portion of the garment the size of three fingerbreadths. Thus, if he cuts off the portion that he is holding, it would be considered a utensil in its own right. For a portion of a garment the size of three fingerbreadths is considered a garment, as has been explained with regard to the subject of the ritual impurity of garments. Similarly, if the seller holds on to a portion smaller than three fingerbreadths but could pull the entire garment into his possession, the purchaser acquires the merchandise being sold.
Halacha 8
The above concepts are reflected in the expression used in legal documents: "And we performed a kinyan with so and so with a utensil that is acceptable to be used to conduct a transaction."
"A utensil" excludes produce and the like. "That is acceptable" excludes objects from which it is forbidden to benefit. And "to be used to conduct a transaction" excludes a utensil belonging to the seller.
Halacha 9
This transaction need not be performed in the presence of witnesses. Instead, even if it was performed only in the presence of the seller and the purchaser, the transaction is finalized. For the only reason the Torah required witnesses with regard to monetary laws is to prevent a person from denying what transpired.
A seller, one who gives a gift, rents out an object, lends an object or the like does not require witnesses. Whenever the second party finalizes the transaction through one of the accepted practices - lifting the article up, meshichah, transferring it, chalifin, the payment of money, the transfer of a legal document or through manifesting ownership - the transaction is concluded, even when there are no witnesses present.
Halacha 10
Although a person who sells or gives an article confirms the transaction with a kinyan chalifin, both of them may retract as long as they are discussing the matter. This applies even when the kinyan was performed in the presence of witnesses. If they concluded discussing the matter, neither may retract even though the transaction was not observed by witnesses.
Just as the seller and the giver may retract, so too, the purchaser and the recipient may retract as long as they are discussing the matter. This leniency does not apply with regard to other kinyanim.
Halacha 11
There are many matters that do not require a kinyan, and indeed there is no reason to perform a kinyan with regard to them - e.g., a person who frees his slave, divorces his wife, appoints an agent, issues a protest with regard to a sale, nullifies a protest or waives a colleague's obligation to pay a debt or return an entrusted object. Similar laws apply to other analogous situations.
Halacha 12
It has become customary in the majority of places to perform a kinyan to confirm certain of the above matters and the like, even though it is not necessary. The witnesses say: "We performed a kinyan with so and so, confirming that he appointed so and so as an agent," "...waived the debt that so and so owed him," or "...nullified the protest he had issued concerning this bill of divorce," or the like.
Halacha 13
Such a kinyan, which is customarily performed with regard to these matters, is of no consequence except to demonstrate that the parties involved were not acting facetiously or in jest when making the statements, but had in fact made a resolution in their hearts before making the statements. Therefore, if a person says: "I am making my statements with a full heart, and I have resolved to do this," nothing else is necessary.
Halacha 14
A kinyan is of no consequence with regard to statements that are of no substance.
What is implied? If it is stated in a legal document: "We performed a kinyan with so and so, confirming that he will travel to sell merchandise with so and so," "...that they will form a craft partnership," "...that they will divide a field between themselves," or the like, this is considered a kinyan with regard to words, and it is of no consequence. The rationale is that the person did not transfer to his colleague a specific and known entity, neither the entity itself or the fruits of that known entity.
Mechirah - Chapter Six
Halacha 1
Although produce cannot be used for chalifin, as explained, it can be acquired through chalifin like other movable property. With regard to a coin, by contrast, just as it cannot be used for chalifin, it cannot be acquired through chalifin. Thus, a coin cannot be acquired through a kinyan chalifin, and it cannot be used for a kinyan chalifin to acquire other articles.
Halacha 2
Slabs of gold and silver are regarded in the same way as pieces of raw iron or copper. They are like other movable property and can be acquired through chalifin and exchanged for each other, as has been explained.
Coins of silver, gold and brass are all considered to be money received as payment for other movable property. If one gives one of these as payment for movable property, one does not acquire it until one performs meshichah or lifts it up, as has been explained. None of these coins can be acquired through kinyan chalifin, or used for such a kinyan.
Halacha 3
When does the above apply? When one is acquiring other movable property, servants or landed property with these coins. When, however, gold dinarim are being exchanged for silver coins, the gold coins are considered to be "produce." Similarly, copper coins are considered to be "produce" with regard to silver coins.
Halacha 4
What is implied? If a person gave a colleague a dinar of gold for 25 dinarim of silver, the owner of the gold acquires the silver even though it has not yet been transferred into his domain. The owner of the silver is obligated to give his colleague 25 silver dinarim, as he committed himself. If he committed himself to give new silver coins, he must give new ones; if he committed himself to give old coins, he must give old ones.
If, however, the owner of the silver gave 25 silver dinarim for one gold dinar, the transaction is not concluded until he takes the gold dinar Both parties have the right to retract.
Halacha 5
Similarly, if a person gave a colleague 30 isar of copper for a dinar of silver, the owner of the copper acquires the silver even though it has not yet been transferred into his domain. The owner of the silver is obligated to give his colleague a silver dinar, as he committed himself. If he committed himself to give a new silver coin, he must give a new one; if he committed himself to give an old coin, he must give an old one.
If, however, the owner of the silver gave a silver dinar for 30 copper isar, the transaction is not concluded until he takes the copper isarot. Both parties have the right to retract.
Halacha 6
Similarly, bad coins that were disqualified by the ruling kingdom or municipal authorities, or dinarim that are not acceptable as legal tender in that country - i.e., coins that are not used for exchange unless they are changed for others, these are considered to be produce with regard to all matters.
They may be acquired through a kinyan chalifin; when they are transferred, money is acquired; and the transfer of money does not acquire them, as is true with regard to other produce.
Halacha 7
There is no way in which a person can acquire a coin that is not in his physical possession, except by virtue of his acquisition of landed property -e.g., a person will purchase land and by virtue of its acquisition also acquire coins, or he will rent the place where the coins are held. In these instances, once the purchaser acquires the land through the transfer of money, a legal document, manifestation of his ownership or a kinyan chalifin, he acquires the money.
The above applies provided that the coins exist and are held for safekeeping in a specific place. If, however, Shimon owed Reuven money, and Reuven transferred land to Levi, and intended that by virtue of Levi's acquisition of the land, he acquire the debt owed to Reuven by Shimon, it appears to me that Levi does not acquire the debt.
Halacha 8
If three people the lender, the borrower and a third party (the intended recipient) are standing together and the lender tells the borrower, "Give the maneh that you owe me (whether an entrusted article or a loan) to so and so the third party," that third party acquires the manehin question. None of the three can retract. Our Sages described this law as a dictate whose reason cannot be explained. Therefore, one cannot derive any other precept from it.
Halacha 9
If Reuven owed Shimon 100 zuz and told Levi: "Give Shimon the 100 zuz that I owe him, and I will repay you," or "...I will make a reckoning with you"- although both Levi and Shimon agree, all three have the potential to retract.
Even if Levi pays Shimon a portion of Reuven's debt he is not bound to pay the remainder. Therefore, if Levi does not pay Shimon the entire debt, Shimon may demand payment for the remainder of the debt from Reuven.
Halacha 10
When a person sells a promissory note to a colleague or gives one to him as a gift, the physical transfer of the note does not bring about a transfer of the obligation it carries. For he transferred only the proof of the debt. And that proof is not something that can be grasped by the hand.
Halacha 11
How indeed can the promissory note be acquired? The seller must write to the purchaser: "Acquire the promissory note of so and so and all the obligations associated with it," and then give him the promissory note. Thus, the note is acquired through the writing and through being transferred.
There is no need for witnesses with regard to the actual transfer. Witnesses are necessary, however, for the debt to be collected. The debtor can tell the purchaser: "Who is to say that my creditor did in fact write to you that the debt is transferred and give you the promissory note?"
Halacha 12
The transfer of the ownership of promissory notes is a Rabbinical institution. According to Scriptural law, there is no way to acquire the proof of an obligation; only an actual object can be acquired. Therefore, a person who sells a promissory note to a colleague can still waive the debt .o Even his heir has the right to waive the debt.
Halacha 13
When a woman brings her husband a promissory note as part of her dowry, she cannot waive payment of it without his approval, because her domain has become his.
Halacha 14
When a person transfers ownership of even the smallest amount of property to a colleague and by virtue of its transfer also transfers the ownership of a promissory note, the purchaser acquires the note regardless of where it was located, although a written statement was not made and the document was not transferred to the purchaser.It appears to me that in this instance as well, the original creditor has the right to waive payment after selling it.
Similarly, if a person sells land and writes a deed of sale even though the purchaser is not present, when the purchaser manifests his possession over the land he acquires the deed regardless of where it is located. 15. The following rules apply if a person tells a colleague: "Take possession of this field on behalf of so and so, and compose a deed of title for him." Although the agent manifests ownership over the land on behalf of the recipient, the giver can retract his statement concerning the legal record of the present unless it has already been given to the recipient, despite the fact that he cannot rescind his gift of the field.
Halacha 16
If, however, the giver told the agent: "Take possession of the field with the stipulation that you write the deed of title," even though the agent manifests ownership over the land on behalf of the recipient, the original owner can retract both with regard to the deed and with regard to the field until the deed of title reaches the hand of the recipient of the gift.
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Hayom Yom:
Tuesday, 6 Tishrei 5775 • 30 September 2014
"Today's Day"
Tuesday, Tishrei 6*, 5704
Torah lessons: Chumash: B'racha, Shlishi with Rashi.
Tehillim: 35-38. Also 103-105.
Tanya: Now, in like (p. 505) ...to animate them. (p. 507).
A resume of the third method:
U - V'ahavta..., "Love your fellow as yourself."1 The Alter Rebbe taught that this love is an instrument, a means to "Love the Eternal your G-d."2 This is explained in the statement, "Whoever is pleasing to man is pleasing to G-d."3 This service of teshuva stems from goodness of heart.
FOOTNOTES
*. This day marks the yahrzeit, in 5725 (1964), of the Rebbetzin Chana of blessed memory, mother of the Rebbe of righteous memory. "She passed away on the holy Shabbat at the time of Mincha, on the sixth day of the Ten Days Of Teshuva..." (Wording on the headstone of her resting-place.)
1. Vayikra 19:18.
2. Devarim 6:5.
3. Avot 3:10.
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Daily Thought:
The GladiatorsTuesday, Tishrei 6*, 5704
Torah lessons: Chumash: B'racha, Shlishi with Rashi.
Tehillim: 35-38. Also 103-105.
Tanya: Now, in like (p. 505) ...to animate them. (p. 507).
A resume of the third method:
U - V'ahavta..., "Love your fellow as yourself."1 The Alter Rebbe taught that this love is an instrument, a means to "Love the Eternal your G-d."2 This is explained in the statement, "Whoever is pleasing to man is pleasing to G-d."3 This service of teshuva stems from goodness of heart.
FOOTNOTES
*. This day marks the yahrzeit, in 5725 (1964), of the Rebbetzin Chana of blessed memory, mother of the Rebbe of righteous memory. "She passed away on the holy Shabbat at the time of Mincha, on the sixth day of the Ten Days Of Teshuva..." (Wording on the headstone of her resting-place.)
1. Vayikra 19:18.
2. Devarim 6:5.
3. Avot 3:10.
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Daily Thought:
The rabbis of the Talmud, who lived in Roman times, told that in a time yet to come, G‑d will entertain us with a gladiator tournament.
We will watch and we will cheer on the victor. We will gasp as he falls and rejoice as he picks himself up again to continue the battle.
And we will realize that this victor is each one of us, as we were fighting against the darkness in which we were cast as we lived within this world.
Then we will laugh an unbridled laugh. Then we will know the unbounded delight of our Creator as He watched our victory, here in this world now.
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