Chabad - Today in Judaism - TODAY IS: Friday, 30 Tishrei 5775 • 24 October 2014

Chabad - Today in Judaism - TODAY IS: Friday, 30 Tishrei 5775 • 24 October 2014
Today's Laws & Customs:
Rosh Chodesh Observances
Today is the first of the two Rosh Chodesh ("Head of the Month") days for the month of Cheshvan (when a month has 30 days, both the last day of the month and the first day of the following month serve as the following month's Rosh Chodesh).
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited -- in its "partial" form -- following the Shacharit morning prayer, and the Yaaleh V'yavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachnun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh -- the month being the feminine aspect of the Jewish Calendar.
Links: The 29th Day; The Lunar Files

Today in Jewish History:
DAILY QUOTE:
The ultimate knowledge is to know that we cannot know You(R. Yosef Albo)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Chumash: Noach, 5th Portion Genesis 9:8-9:17 with Rashi
• Chapter 9
18. And the sons of Noah who came out of the ark were Shem, Ham, and Japheth; and Ham he was the father of Canaan. יח. וַיִּהְיוּ בְנֵי נֹחַ הַיֹּצְאִים מִן הַתֵּבָה שֵׁם וְחָם וָיָפֶת וְחָם הוּא אֲבִי כְנָעַן:
and Ham-he was the father of Canaan: Why was it necessary to say this here? Because the chapter proceeds to deal with Noah’s drunkenness, in which Ham sinned, and because of him Canaan was cursed, and since the generations of Ham were not yet written, and we do not know that Canaan was his son, it was necessary to say here,“and Ham-he was the father of Canaan.”
וחם הוא אבי כנען: למה הוצרך לומר כאן, לפי שהפרשה עסוקה ובאה בשכרותו של נח שקלקל בה חם, ועל ידו נתקלל כנען, ועדיין לא כתב תולדות חם, ולא ידענו שכנען בנו, לפיכך הוצרך לומר כאן וחם הוא אבי כנען:
19. These three were the sons of Noah, and from these, the entire earth spread out. יט. שְׁלשָׁה אֵלֶּה בְּנֵי נֹחַ וּמֵאֵלֶּה נָפְצָה כָל הָאָרֶץ:
20. And Noah began to be a master of the soil, and he planted a vineyard. כ. וַיָּחֶל נֹחַ אִישׁ הָאֲדָמָה וַיִּטַּע כָּרֶם:
[And Noah] began: Heb. וַיָּחֶל. [This can be understood as] “he made himself profane,” for he should have first engaged in planting something different. — [Gen. Rabbah 36:3. I.e., he should not have planted a vineyard, from which wine is produced, but other trees.]
ויחל: עשה עצמו חולין, שהיה לו לעסוק תחלה בנטיעה אחרת:
a master of the soil: אִישׁ הָאֲדָמָה, the master of the earth, like (Ruth 1:3): “Naomi’s husband (אִישׁ).” Rashi explains that Elimelech was called אִישׁ נָעָמִי because of his mastery over her. Cf. Commentary Digest ad loc.
איש האדמה: אדוני האדמה, כמו (רות א ג) איש נעמי:
and he planted a vineyard: When he entered the ark, he brought with him vine branches and shoots of fig trees. — [from Gen. Rabbah 36:3]
ויטע כרם: כשנכנס לתיבה הכניס עמו זמורות ויחורי תאנים:
21. And he drank of the wine and became drunk, and he uncovered himself within his tent. כא. וַיֵּשְׁתְּ מִן הַיַּיִן וַיִּשְׁכָּר וַיִּתְגַּל בְּתוֹךְ אָהֳלֹה:
his tent: it is written אָהֳלֹה [and not the usual אָהֳלוֹ]. This alludes to the Ten Tribes, who were referred to by the name of Samaria, which was called Oholah [אָהֳלָה] (Ez. 23:4), who were exiled on account of wine, as is written (Amos 6:6): “who drink from basins of wine.” - [from Tan. Buber, Noach 21]
אהלו: אהלה כתיב רמז לעשרת שבטים שנקראו על שם שומרון שנקראת אהלה, שגלו על עסקי היין, שנאמר (עמוס ו ו) השותים במזרקי יין:
and he uncovered himself: Heb. וַיִּתְגַּל, the הִתְפָּעֵל conjugation [the reflexive].
ויתגל: לשון ויתפעל:
22. And Ham, the father of Canaan, saw his father's nakedness, and he told his two brothers outside. כב. וַיַּרְא חָם אֲבִי כְנַעַן אֵת עֶרְוַת אָבִיו וַיַּגֵּד לִשְׁנֵי אֶחָיו בַּחוּץ:
And Ham, the father of Canaan, saw: (Gen. Rabbah 36:7) Some of our Sages say: Canaan saw and told his father; therefore, he was mentioned regarding the matter, and he was cursed.
וירא חם אבי כנען: יש מרבותינו אומרים כנען ראה והגיד לאביו לכך הוזכר על הדבר ונתקלל:
saw his father’s nakedness: Some say that he castrated him, and some say that he sodomized him. — [from Sanh. 70a]
וירא את ערות אביו: יש אומרים סרסו ויש אומרים רבעו:
23. And Shem and Japheth took the garment, and they placed [it] on both of their shoulders, and they walked backwards, and they covered their father's nakedness, and their faces were turned backwards, so that they did not see their father's nakedness. כג. וַיִּקַּח שֵׁם וָיֶפֶת אֶת הַשִּׂמְלָה וַיָּשִׂימוּ עַל שְׁכֶם שְׁנֵיהֶם וַיֵּלְכוּ אֲחֹרַנִּית וַיְכַסּוּ אֵת עֶרְוַת אֲבִיהֶם וּפְנֵיהֶם אֲחֹרַנִּית וְעֶרְוַת אֲבִיהֶם לֹא רָאוּ:
And Shem and Japheth took: Heb. וַיִּקַּח. It does not say וַיִּקְחוּ (the plural form), but וַיִּקַּח, the singular form. This teaches us about Shem, that he exerted himself to fulfill the commandment more than Japheth. Therefore, his sons merited a tallith with fringes, and Japheth merited burial for his sons, as it is said (Ezek. 39:11): “I will give Gog a place there as a grave in Israel.” But Ham, who disgraced his father—it is stated about his seed (Isa. 20:4): “So shall the king of Assyria lead the captivity of Egypt and the exile of Cush, youths and old men, naked and barefoot, with bare buttocks, etc.” - [from Tan Buber Noach 16, Gen. Rabbah 36:6]
ויקח שם ויפת: אין כתיב כאן ויקחו אלא ויקח, לימד על שם שנתאמץ במצוה יותר מיפת, לכך זכו בניו לטלית של ציצית, ויפת זכה לקבורה לבניו, שנאמר (יחזקאל לט יא) אתן לגוג מקום שם קבר. וחם שבזה את אביו נאמר בזרעו (ישעיה כ ד) כן ינהג מלך אשור את שבי מצרים ואת גלות כוש נערים וזקנים ערום ויחף וחשופי שת וגו':
and their faces were turned backwards: Why is this stated a second time? This teaches that when they drew near to him and they had to turn around to cover him, they turned their faces backwards.
ופניהם אחורנית: למה נאמר פעם שניה, מלמד שכשקרבו אצלו והוצרכו להפוך עצמם לכסותו, הפכו פניהם אחורנית:
24. And Noah awoke from his wine, and he knew what his small son had done to him. כד. וַיִּיקֶץ נֹחַ מִיֵּינוֹ וַיֵּדַע אֵת אֲשֶׁר עָשָׂה לוֹ בְּנוֹ הַקָּטָן:
his small son: The worthless and despicable one, like (Jer. 49:15): “Behold I have made you small among the nations; despised among men.” - [from Gen. Rabbah 16:7]
בנו הקטן: הפסול והבזוי, כמו (ירמיה מט טו) הנה קטן נתתיך בגוים בזוי באדם:
25. And he said, "Cursed be Canaan; he shall be a slave among slaves to his brethren." כה. וַיֹּאמֶר אָרוּר כְּנָעַן עֶבֶד עֲבָדִים יִהְיֶה לְאֶחָיו:
Cursed be Canaan: You have caused me to be incapable of begetting another fourth son (Gen. Rabbah , manuscripts, and early editions read: a fourth son) to serve me. Cursed be your fourth son, that he should minister to the children of these older ones [Shem and Japhet], upon whom the burden of serving me has been placed from now on (Gen. Rabbah 36:7). Now what did Ham see (what reason did he have) that he castrated him? He said to his brothers,“The first man [Adam] had two sons, and one killed the other so as to inherit the world, and our father has three sons, and he still desires a fourth son!” - [from Gen. Rabbah ibid. 5, 22:7]
ארור כנען: אתה גרמת לי שלא אוליד בן רביעי אחר לשמשני, ארור בנך רביעי להיות משמש את זרעם של אלו הגדולים, שהוטל עליהם טורח עבודתי מעתה. ומה ראה חם שסרסו, אמר להם לאחיו אדם הראשון שני בנים היו לו, והרג זה את זה בשביל ירושת העולם ואבינו יש לו שלשה בנים ועודנו מבקש בן רביעי:
26. And he said, "Blessed be the Lord, the God of Shem, and may Canaan be a slave to them. כו. וַיֹּאמֶר בָּרוּךְ יְהֹוָה אֱלֹהֵי שֵׁם וִיהִי כְנַעַן עֶבֶד לָמוֹ:
Blessed be the Lord, the God of Shem: Who is destined to keep His promise to his seed to give them the land of Canaan.
ברוך ה' אלהי שם: שעתיד לשמור הבטחתו לזרעו לתת להם את ארץ כנען:
be: [and let] Canaan be to them a vassal paying tribute.
ויהי כנען עבד למו: למס עובד:
27. May God expand Japheth, and may He dwell in the tents of Shem, and may Canaan be a slave to them." כז. יַפְתְּ אֱלֹהִים לְיֶפֶת וְיִשְׁכֹּן בְּאָהֳלֵי שֵׁם וִיהִי כְנַעַן עֶבֶד לָמוֹ:
May God expand Japheth: Translated by the Targum as יַפְתֵּי, meaning: He will widen [or expand]. Cf. Targum Onkelos, Deut. 12:20,19:8.
יפת א-להים ליפת: מתורגם יפתי ירחיב:
and may He dwell in the tents of Shem: May He cause His Presence to rest in Israel. The interpretation of the Sages, however is: Although God will beautify Japheth, insofar as Cyrus, who was of the sons of Japheth, built the Second Temple, the Shechinah did not rest therein. But where did it rest? In the First Temple, built by Solomon, who was of the sons of Shem. — [from Yoma 9b, 10a]
וישכון באהלי שם: ישרה שכינתו בישראל. ומדרש חכמים אף על פי שיפת א-להים ליפת, שבנה כורש שהיה מבני יפת בית שני, לא שרתה בו שכינה. והיכן שרתה, במקדש ראשון שבנה שלמה שהיה מבני שם:
and may Canaan be a slave: Even after the descendants of Shem are exiled, some of the descendants of Canaan will be sold to them as slaves.
ויהי כנען עבד למו: אף משיגלו בני שם, ימכרו להם עבדים מבני כנען: 
28. And Noah lived after the Flood, three hundred and fifty years. כח. וַיְחִי נֹחַ אַחַר הַמַּבּוּל שְׁלשׁ מֵאוֹת שָׁנָה וַחֲמִשִּׁים שָׁנָה:
29. And all the days of Noah were nine hundred and fifty years, and he died. כט. וַיְהִי כָּל יְמֵי נֹחַ תְּשַׁע מֵאוֹת שָׁנָה וַחֲמִשִּׁים שָׁנָה וַיָּמֹת:
Chapter 10
1. And these are the generations of the sons of Noah: Shem, Ham, and Japheth, and sons were born to them after the Flood. א. וְאֵלֶּה תּוֹלְדֹת בְּנֵי נֹחַ שֵׁם חָם וָיָפֶת וַיִּוָּלְדוּ לָהֶם בָּנִים אַחַר הַמַּבּוּל:
2. The sons of Japheth were Gomer and Magog and Madai and Javan and Tubal, and Meshech and Tiras. ב. בְּנֵי יֶפֶת גֹּמֶר וּמָגוֹג וּמָדַי וְיָוָן וְתֻבָל וּמֶשֶׁךְ וְתִירָס:
Tiras: This is Persia. — [from Gen. Rabbah ad loc., Yoma 10a]
ותירס: זו פרס:  
3. And the sons of Gomer were Ashkenaz and Riphath and Togarmah. ג. וּבְנֵי גֹּמֶר אַשְׁכְּנַז וְרִיפַת וְתֹגַרְמָה:
4. And the sons of Javan were Elishah and Tarshish, Kittim, and Dodanim. ד. וּבְנֵי יָוָן אֱלִישָׁה וְתַרְשִׁישׁ כִּתִּים וְדֹדָנִים:
5. From these, the islands of the nations separated in their lands, each one to his language, according to their families, in their nations. ה. מֵאֵלֶּה נִפְרְדוּ אִיֵּי הַגּוֹיִם בְּאַרְצֹתָם אִישׁ לִלְשֹׁנוֹ לְמִשְׁפְּחֹתָם בְּגוֹיֵהֶם:
6. And the sons of Ham were Cush and Mizraim and Put and Canaan. ו. וּבְנֵי חָם כּוּשׁ וּמִצְרַיִם וּפוּט וּכְנָעַן:
7. And the sons of Cush were Seba and Havilah and Sabta and Raamah and Sabtecha, and the sons of Raamah were Sheba and Dedan. ז. וּבְנֵי כוּשׁ סְבָא וַחֲוִילָה וְסַבְתָּה וְרַעְמָה וְסַבְתְּכָא וּבְנֵי רַעְמָה שְׁבָא וּדְדָן:
8. And Cush begot Nimrod; he began to be a mighty man in the land. ח. וְכוּשׁ יָלַד אֶת נִמְרֹד הוּא הֵחֵל לִהְיוֹת גִּבֹּר בָּאָרֶץ:
he began to be a mighty man: to cause the entire world to rebel against the Holy One, blessed be He, with the plan of the Generation of the Dispersion. — [from Eruv. 53a, Chul. 89a]
להיות גבור: להמריד כל העולם על הקב"ה בעצת דור הפלגה:
9. He was a mighty hunter before the Lord; therefore it is said, "Like Nimrod, a mighty hunter before the Lord." ט. הוּא הָיָה גִּבֹּר צַיִד לִפְנֵי יְהֹוָה עַל כֵּן יֵאָמַר כְּנִמְרֹד גִּבּוֹר צַיִד לִפְנֵי יְהֹוָה:
a mighty hunter: He ensnared people’s minds with his speech and misled them to rebel against the Omnipresent. — [from Gen. Rabbah 37:2]
גבור ציד: צד דעתן של בריות בפיו ומטען למרוד במקום:
before the Lord: He intended to provoke Him to His face. — [from Sifra Bechukkothai 2:2]
לפני ה': מתכוין להקניטו על פניו:
therefore it is said: About any man who is brazenly wicked, who recognizes his Master and intends to rebel [לִמְרֹד] against Him, it is said,“This one is like Nimrod [נִמְרֹד], a mighty hunter.”
על כן יאמר כנמרד: על כל אדם מרשיע בעזות פנים, יודע רבונו ומתכוין למרוד בו, יאמר זה כנמרוד גבור ציד:
10. And the beginning of his kingdom was Babylon and Erech and Accad and Calneh, in the land of Shinar. י. וַתְּהִי רֵאשִׁית מַמְלַכְתּוֹ בָּבֶל וְאֶרֶךְ וְאַכַּד וְכַלְנֵה בְּאֶרֶץ שִׁנְעָר:
11. From that land emerged Asshur, and he built Nineveh and Rehoboth ir and Calah. יא. מִן הָאָרֶץ הַהִוא יָצָא אַשּׁוּר וַיִּבֶן אֶת נִינְוֵה וְאֶת רְחֹבֹת עִיר וְאֶת כָּלַח:
From that land: Since Asshur saw his sons obeying Nimrod and rebelling against the Omnipresent by building the tower, he departed from their midst. — [from Gen. Rabbah 37:4]
מן הארץ וגו': כיון שראה אשור את בניו שומעין לנמרוד ומורדין במקום לבנות המגדל, יצא מתוכם:
12. And Resen, between Nineveh and between Calah; that is the great city. יב. וְאֶת רֶסֶן בֵּין נִינְוֵה וּבֵין כָּלַח הִוא הָעִיר הַגְּדֹלָה:
the great city: This is Nineveh, as it is said (Jonah 3: 3):“Now Nineveh was an exceedingly great city to God.” - [from Gen. Rabbah 37:4, Yoma 10a] [i.e., Scripture is referring to Nineveh, not to Resen or Calah.]
העיר הגדולה: היא נינוה שנאמר (יונה ג ג) ונינוה היתה עיר גדולה לא-להים:
13. And Mizraim begot the Ludim and the Anamim and the Lehabim and the Naphtuhim, יג. וּמִצְרַיִם יָלַד אֶת לוּדִים וְאֶת עֲנָמִים וְאֶת לְהָבִים וְאֶת נַפְתֻּחִים:
Lehabim: Heb. לְהָבִים [people] whose faces were like flames (לַהַב).
להבים: שפניהם דומים ללהב:
14. And the Pathrusim and the Casluhim, from whom the Philistines emerged, and the Caphtorim. יד. וְאֶת פַּתְרֻסִים וְאֶת כַּסְלֻחִים אֲשֶׁר יָצְאוּ מִשָּׁם פְּלִשְׁתִּים וְאֶת כַּפְתֹּרִים:
And the Pathrusim and the Casluhim, from whom the Philistines emerged: They [the Philistines] descended from them both, for the Pathrusim and the Casluhim exchanged the intimacy of their wives with each other, and the Philistines descended from them. — [from Gen. Rabbah 37:5]
ואת פתרוסים ואת כסלוחים אשר יצאו משם פלשתים: משניהם יצאו, שהיו פתרוסים וכסלוחים מחליפין משכב נשותיהם אלו לאלו, ויצאו מהם פלשתים: 
15. And Canaan begot Zidon his firstborn and Heth. טו. וּכְנַעַן יָלַד אֶת צִידֹן בְּכֹרוֹ וְאֶת חֵת:
16. And the Jebusites and the Amorites and the Girgashites. טז. וְאֶת הַיְבוּסִי וְאֶת הָאֱמֹרִי וְאֵת הַגִּרְגָּשִׁי:
17. And the Hivvites and the Arkites and the Sinites. יז. וְאֶת הַחִוִּי וְאֶת הָעַרְקִי וְאֶת הַסִּינִי:
18. and the Arvadites and the Zemarites and the Hamathites, and afterwards the families of the Canaanites were scattered. יח. וְאֶת הָאַרְוָדִי וְאֶת הַצְּמָרִי וְאֶת הַחֲמָתִי וְאַחַר נָפֹצוּ מִשְׁפְּחוֹת הַכְּנַעֲנִי:
and afterwards…were scattered: From these were scattered many families.
ואחר נפצו: מאלו נפוצו משפחות הרבה:
19. And the border of the Canaanites was from Sidon as you come to Gerar, until Gaza, as you come to Sodom and Gomorrah, and Admah and Zeboiim, until Lesha. יט. וַיְהִי גְּבוּל הַכְּנַעֲנִי מִצִּידֹן בֹּאֲכָה גְרָרָה עַד עַזָּה בֹּאֲכָה סְדֹמָה וַעֲמֹרָה וְאַדְמָה וּצְבוֹיִם עַד לָשַׁע:
the border of the Canaanites: Heb. גְּבוּל, the end of his land. Every mention of גְּבוּל denotes an end and an edge.
גבול הכנעני: סוף ארצו. כל גבול שבמקרא לשון סוף וקצה:
as you come: Heb. בֹּאֲכָה is a noun [i.e., the approach to]. And it appears to me that [it is an expression] as when a person says to his friend, “This border extends until you come to such and such a border.”
באכה: שם דבר. ולי נראה כאדם האומר לחבירו גבול זה מגיע עד אשר תבא לגבול פלוני:
20. These are the sons of Ham according to their families, and their tongues, in their lands, in their nations. כ. אֵלֶּה בְנֵי חָם לְמִשְׁפְּחֹתָם לִלְשֹׁנֹתָם בְּאַרְצֹתָם בְּגוֹיֵהֶם:
according to…their tongues, in their lands: Although they were divided into tongues and lands, they are all the sons of Ham.
ללשונותם בארצותם: אף על פי שנחלקו ללשונות וארצות, כולם בני חם הם:
21. And to Shem were also born [children; he was] the father of all the people of the other side [of the river], the brother of Japheth the elder. כא. וּלְשֵׁם יֻלַּד גַּם הוּא אֲבִי כָּל בְּנֵי עֵבֶר אֲחִי יֶפֶת הַגָּדוֹל:
the father of all the people of the other side: of the river was Shem. See below 14:13.
אבי כל בני עבר: הנהר היה שם:
the brother of Japheth, the elder: I do not know [from the wording of the verse] whether Japheth is the elder or Shem. [The verse may be rendered: the elder brother of Japheth.] When Scripture says (11:10): “Shem was a hundred years old, etc.” two years after the Flood, you must say that Japheth was the elder, because Noah was five hundred years old when he first had children, and the Flood came to pass in the six hundredth year. Consequently, the eldest of his sons was a hundred years old [at the time of the Flood], and Shem did not reach [the age of] a hundred until two years after the Flood. — [from Gen. Rabbah 37:7]
אחי יפת הגדול: איני יודע אם יפת הגדול אם שם, כשהוא אומר (להלן יא י) שם בן מאת שנה וגו' שנתים אחר המבול, הוי אומר יפת הגדול, שהרי בן חמש מאות שנה היה נח כשהתחיל להוליד, והמבול היה בשנת שש מאות שנה לנח, נמצא שהגדול בבניו היה בן מאה שנה, ושם לא הגיע למאה שנה עד שנתים אחר המבול:
the brother of Japheth: But not the brother of Ham, for these two honored their father, and that one [Ham] disgraced him. [See Targum Jonathan, which renders: the brother of Japheth, who was great in the fear of the Lord. Perhaps this was Rashi’s source, but it is unlikely.]
אחי יפת: ולא אחי חם, שאלו שניהם כבדו את אביהם, וזה בזהו: 
22. The sons of Shem were Elam and Asshur and Arpachshad and Lud and Aram. כב. בְּנֵי שֵׁם עֵילָם וְאַשּׁוּר וְאַרְפַּכְשַׁד וְלוּד וַאֲרָם:
23. And the sons of Aram were Uz and Hul and Gether and Mash. כג. וּבְנֵי אֲרָם עוּץ וְחוּל וְגֶתֶר וָמַשׁ:
24. And Arpachshad begot Shelah, and Shelah begot Eber. כד. וְאַרְפַּכְשַׁד יָלַד אֶת שָׁלַח וְשֶׁלַח יָלַד אֶת עֵבֶר:
25. And to Eber were born two sons: one was named Peleg, because in his days the earth was divided, and the name of his brother was Joktan. כה. וּלְעֵבֶר יֻלַּד שְׁנֵי בָנִים שֵׁם הָאֶחָד פֶּלֶג כִּי בְיָמָיו נִפְלְגָה הָאָרֶץ וְשֵׁם אָחִיו יָקְטָן:
was divided: The tongues became confused, and they were scattered from the valley and were dispersed throughout the entire world. We learn that Eber was a prophet, since he named his son for a future event [i.e. פֶּלֶג resembles the word נִפְלְגָה meaning “dispersed”]. And we learned in Seder Olam (ch. 1) that at the end of his [Peleg’s] days, they were dispersed. For if you say that [they were dispersed] at the beginning of his days, behold his brother Joktan was his junior, and he begot many families before that, as it is said (verse 26): “And Joktan begot, etc.,” and [only] afterwards [is it written] (11:1): “And the whole earth was one language.” Now if you say [that they were dispersed] in the middle of his [Peleg’s] days, [this is not so, because] Scripture does not come to make things obscure but to explain. Hence, you learn that in the year of Peleg’s death, they were dispersed.
נפלגה: נתבלבלו הלשונות, ונפוצו מן הבקעה, ונתפלגו בכל העולם. למדנו שהיה עבר נביא שקרא שם בנו על שם העתיד. ושנינו בסדר עולם (פרק א) שבסוף ימיו נתפלגו, שאם תאמר בתחלת ימיו, הרי יקטן אחיו צעיר ממנו והוליד כמה משפחות קודם לכן, שנאמר (פסוק כו) ויקטן ילד וגו' ואחר כך ויהי כל הארץ וגו'. ואם תאמר באמצע ימיו, לא בא הכתוב לסתום אלא לפרש, הא למדת שבשנת מות פלג נתפלגו:
Joktan: Because he was humble and considered himself small (קָטָן). Therefore, he merited to raise all these families. — [from Gen. Rabbah 37:7]
ויקטן: שהיה עניו ומקטין עצמו, לכך זכה להעמיד כל המשפחות הללו:
26. And Joktan begot Almodad and Sheleph and Hazarmaveth and Jerah. כו. וְיָקְטָן יָלַד אֶת אַלְמוֹדָד וְאֶת שָׁלֶף וְאֶת חֲצַרְמָוֶת וְאֶת יָרַח:
Hazarmaveth: lit. yard of death, graveyard. He was so called because of his place. [These are] the words of the Aggadah (Gen. Rabbah 37:7).
חצרמות: על שם מקומו, דברי אגדה:    
27. And Hadoram and Uzal and Diklah. כז. וְאֶת הֲדוֹרָם וְאֶת אוּזָל וְאֶת דִּקְלָה:
28. And Obal and Abimael and Sheba. כח. וְאֶת עוֹבָל וְאֶת אֲבִימָאֵל וְאֶת שְׁבָא:
29. And Ophir and Havilah and Jobab; all these were the sons of Joktan. כט. וְאֶת אוֹפִר וְאֶת חֲוִילָה וְאֶת יוֹבָב כָּל אֵלֶּה בְּנֵי יָקְטָן:
30. And their settlement was from Mesha, as you come to Sephar, the mountain of the east. ל. וַיְהִי מוֹשָׁבָם מִמֵּשָׁא בֹּאֲכָה סְפָרָה הַר הַקֶּדֶם:
31. These are the sons of Shem according to their families, according to their tongues, in their lands, according to their nations. לא. אֵלֶּה בְנֵי שֵׁם לְמִשְׁפְּחֹתָם לִלְשֹׁנֹתָם בְּאַרְצֹתָם לְגוֹיֵהֶם:
32. These are the families of the sons of Noah according to their generations, in their nations, and from these, the nations were separated on the earth after the Flood. לב. אֵלֶּה מִשְׁפְּחֹת בְּנֵי נֹחַ לְתוֹלְדֹתָם בְּגוֹיֵהֶם וּמֵאֵלֶּה נִפְרְדוּ הַגּוֹיִם בָּאָרֶץ אַחַר הַמַּבּוּל:
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Daily Tehillim: Psalms Chapters 145 - 150
• Chapter 145
One who recites this psalm three times daily with absolute concentration is guaranteed a portion in the World to Come. Because of its prominence, this psalm was composed in alphabetical sequence.
1. A psalm of praise by David: I will exalt You, my God the King, and bless Your Name forever.
2. Every day I will bless You, and extol Your Name forever.
3. The Lord is great and exceedingly exalted; there is no limit to His greatness.
4. One generation to another will laud Your works, and tell of Your mighty acts.
5. I will speak of the splendor of Your glorious majesty and of Your wondrous deeds.
6. They will proclaim the might of Your awesome acts, and I will recount Your greatness.
7. They will express the remembrance of Your abounding goodness, and sing of Your righteousness.
8. The Lord is gracious and compassionate, slow to anger and of great kindness.
9. The Lord is good to all, and His mercies extend over all His works.
10. Lord, all Your works will give thanks to You, and Your pious ones will bless You.
11. They will declare the glory of Your kingdom, and tell of Your strength,
12. to make known to men His mighty acts, and the glorious majesty of His kingdom.
13. Your kingship is a kingship over all worlds, and Your dominion is throughout all generations.
14. The Lord supports all who fall, and straightens all who are bent.
15. The eyes of all look expectantly to You, and You give them their food at the proper time.
16. You open Your hand and satisfy the desire of every living thing.
17. The Lord is righteous in all His ways, and benevolent in all His deeds.
18. The Lord is close to all who call upon Him, to all who call upon Him in truth.
19. He fulfills the desire of those who fear Him, hears their cry and delivers them.
20. The Lord watches over all who love Him, and will destroy all the wicked.
21. My mouth will utter the praise of the Lord, and let all flesh bless His holy Name forever.
Chapter 146
This psalm inspires man to repent and perform good deeds while still alive. Let him not rely on mortals who are unable to help themselves, and who may suddenly pass on. Rather, one should put his trust in God, Who is capable of carrying out all He desires.
1. Praise the Lord! Praise the Lord, O my soul.
2. I will sing to the Lord with my soul; I will chant praises to my God while I yet exist.
3. Do not place your trust in nobles, nor in mortal man who has not the ability to bring deliverance.
4. When his spirit departs, he returns to his earth; on that very day, his plans come to naught.
5. Fortunate is he whose help is the God of Jacob, whose hope rests upon the Lord his God.
6. He makes the heavens, the earth, the sea, and all that is in them; He keeps His promise faithfully forever.
7. He renders justice to the oppressed; He gives food to the hungry; the Lord releases those who are bound.
8. The Lord opens the eyes of the blind; the Lord straightens those who are bowed; the Lord loves the righteous.
9. The Lord watches over the strangers; He gives strength to orphan and widow; He thwarts the way of the wicked.
10. The Lord shall reign forever, your God, O Zion, throughout all generations. Praise the Lord!
Chapter 147
This psalm recounts God's greatness, and His kindness and goodness to His creations.
1. Praise the Lord! Sing to our God for He is good; praise befits Him for He is pleasant.
2. The Lord is the rebuilder of Jerusalem; He will gather the banished of Israel.
3. He heals the broken-hearted, and bandages their wounds.
4. He counts the number of the stars; He gives a name to each of them.
5. Great is our Master and abounding in might; His understanding is beyond reckoning.
6. The Lord strengthens the humble; He casts the wicked to the ground.
7. Lift your voices to the Lord in gratitude; sing to our God with the harp.
8. He covers the heaven with clouds; He prepares rain for the earth, and makes grass grow upon the mountains.
9. He gives the animal its food, to the young ravens which cry to Him.
10. He does not desire [those who place their trust in] the strength of the horse, nor does He want those who rely upon the thighs [swiftness] of man.
11. He desires those who fear Him, those who long for His kindness.
12. Praise the Lord, O Jerusalem; Zion, extol your God.
13. For He has strengthened the bolts of your gates; He has blessed your children in your midst.
14. He has made peace within your borders; He satiates you with the finest of wheat.
15. He issues His command to the earth; swiftly does His word run.
16. He dispenses snow like fleece; He scatters frost like ashes.
17. He hurls His ice like morsels; who can withstand His cold?
18. He sends forth His word and melts them; He causes His wind to blow, and the waters flow.
19. He tells His words [Torah] to Jacob, His statutes and ordinances to Israel.
20. He has not done so for other nations, and they do not know [His] ordinances. Praise the Lord!
Chapter 148
The psalmist inspires one to praise God for His creations-above and below-all of which exist by God's might alone.
1. Praise the Lord! Praise the Lord from the heavens; praise Him in the celestial heights.
2. Praise Him, all His angels; praise Him, all His hosts.
3. Praise Him, sun and moon; praise Him, all the shining stars.
4. Praise Him, hea-ven of heavens, and the waters that are above the heavens.
5. Let them praise the Name of the Lord, for He comman-ded and they were created.
6. He has established them forever, for all time; He issued a decree, and it shall not be transgressed.
7. Praise the Lord from the earth, sea-monsters and all [that dwell in] the depths;
8. fire and hail, snow and vapor, stormy wind carrying out His command;
9. the mountains and all hills, fruit-bearing trees and all cedars;
10. the beasts and all cattle, creeping things and winged fowl;
11. kings of the earth and all nations, rulers and all judges of the land;
12. young men as well as maidens, elders with young lads.
13. Let them praise the Name of the Lord, for His Name is sublime, to Himself; its radiance [alone] is upon earth and heaven.
14. He shall raise the glory of His people, [increase] the praise of all His pious ones, the Children of Israel, the people close to Him. Praise the Lord!
Chapter 149
1. Praise the Lord! Sing to the Lord a new song, [recount] His praise in the assembly of the pious.
2. Israel will rejoice in its Maker; the children of Zion will delight in their King.
3. They will praise His Name with dancing; they will sing to Him with the drum and harp.
4. For the Lord desires His people; He will adorn the humble with salvation.
5. The pious will exult in glory; they will sing upon their beds.
6. The exaltation of God is in their throat, and a double-edged sword in their hand,
7. to bring retribution upon the nations, punishment upon the peoples;
8. to bind their kings with chains, and their nobles with iron fetters;
9. to execute upon them the prescribed judgment; it shall be a glory for all His pious ones. Praise the Lord!
Chapter 150
This psalm contains thirteen praises, alluding to the Thirteen Attributes (of Mercy) with which God conducts the world.
1. Praise the Lord! Praise God in His holiness; praise Him in the firmament of His strength.
2. Praise Him for His mighty acts; praise Him according to His abundant greatness.
3. Praise Him with the call of the shofar; praise Him with harp and lyre.
4. Praise Him with timbrel and dance; praise Him with stringed instruments and flute.
5. Praise Him with resounding cymbals; praise Him with clanging cymbals.
6. Let every soul praise the Lord. Praise the Lord!
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Tanya: Iggeret HaKodesh, middle of Epistle 25
• Lessons in Tanya
• Today's Tanya Lesson
Friday, 30 Tishrei 5775 • 24 October 2014
Iggeret HaKodesh, middle of Epistle 25
והנה נפש האדם, ידוע לכל שהיא כלולה מיו״ד ספירות: חכמה, בינה, דעת וכו׳
Now, it is known to all that the soul of man — the soul of the Jew — is compounded of the Ten Sefirot: Chochmah, Binah, Daat, and so on, as explained in Tanya, ch. 3.
ואף שכולן מרוח פיו יתברך, כדכתיב: ויפח באפיו כו׳
Though these [corresponding faculties of the soul] all derive from the breath of [G‑d’s] mouth, as it is written,1 “And He blew into his nostrils [the soul of life],”
The term “He blew” indicates that the divine soul derives from the innermost spirit and vitality of its Creator, as explained in Tanya, ch. 2, and Shaar HaYichud VehaEmunah, ch. 5.
מכל מקום
nevertheless, each of these ten faculties of the soul is particularly connected with one of the ten Supernal Sefirot, as follows:
דרך פרט, חב״ד שבנפשו הן דוגמא לחב״ד שביו״ד ספירות
more specifically, the ChaBaD in one’s soul, one’s intellective faculties of Chochmah, Binah and Daat, are analogous to the [Divine intellective emanations of] ChaBaD in the Ten Sefirot.
המכונות בשם אבא ואמא
These are referred to as Abba and Imma.
In the Zohar, [the Sefirah of] Chochmah of [the World of] Atzilut is termed Abba (“father”), and [the Sefirah of] Binah of [the World of] Atzilut is termed Imma (“mother”), while [the Sefirah of] Daat is a combination of the two, as explained in the teachings of Chassidut.
ומדות אהבה ויראה וכו׳ שבנפשו, הן דוגמא למדות שביו״ד ספירות, הנקראות בשם זעיר אנפין
The [emotive] attributes in one’s soul of [the] love and fear [of G‑d], and so on, are analogous to the [first six] middot (or Divine emotive attributes) in the Ten Sefirot, which are [collectively] known as Z’eir Anpin (lit., “the Minor Visage”).
וכח הדבור שבנפשו, דוגמא לדבור העליון, הנקרא בשם מלכות ושכינה
And the faculty of speech in one’s soul is analogous to the Supernal Speech, which is known as [the Sefirah of] Malchut, or the Shechinah.
ולכן, כשמדבר דברי תורה, מעורר דבור העליון, ליחד השכינה
Hence, since a Jew’s speech is analogous to Supernal Speech, the Shechinah, when speaking words of Torah one arouses the Supernal Speech, the Sefirah of Malchut, thereby unifying the Shechinah, i.e., linking it to the preceding stages of emanation.
ומשום הכי קיימא לן, בקריאת שמע וברכת המזון ודברי תורה, דלא יצא בהרהור, בלא דבור
That is why it is established2 that for the Reading of Shema, for the Grace after Meals, and for [the study of] words of Torah, one has not discharged his duty by meditation without speech.
* * *
FOOTNOTES
1. Bereishit 2:7.
2. See the Alter Rebbe’s Shulchan Aruch 62:3 and 185:3; and his Hilchot Talmud Torah 2:12.
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Rambam: 
Daily Mitzvah P243 Sefer Hamitzvot
Today's Mitzvah
Friday, 30 Tishrei 5775 • 24 October 2014

Positive Commandment 243 (Digest)
The Paid Guardian and the Renter
"If a man gives his fellow a donkey, a bull, or a lamb..."—Exodus 22:9.
We are commanded to follow the rules outlined in the Torah regarding a paid watchman and a renter. Similar rules regulate the both of them [in the event that the item being watched or rented is lost or damaged].
The 243rd mitzvah is that we are commanded regarding a paid watchman and a renter, since both are governed by the same law, as our Sages explained,1 regarding the three laws governing the four types of watchmen. 2
The source of this commandment is G‑d's statement3 (exalted be He), "If one person gives another a donkey, an ox, a sheep [or any other animal to watch...]"
The details of this mitzvah are explained in the 6th and 9th chapters of tractate Bava Kama, the 3rd and 6th chapters of Bava Metzia, and the 8th chapter of Shavuos.
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.Shavuos 49a.
2.The four "watchmen" are the paid watchman, the renter, the unpaid watchman and the borrower. Should the animal be stolen, the watchman and renter must pay the owner its value. An unpaid watchman is exempt after swearing that it was stolen. The borrower, unlike the others, must pay even if the animal died by itself. See P244, P242.
3.Ex. 22:9.
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: Edut - Chapter 4
Edut - Chapter 4
Halacha 1
Both witnesses in cases involving capital punishment must see the person committing the transgression at the same time. They must deliver their testimony together, in the same court. These requirements do not apply with regard to cases involving financial matters.
What is implied? If while looking from one window, a witness saw the person commit the transgression and the other witness saw him from the other window, their testimonies can be combined if they see each other. If they cannot see each other, their testimonies cannot be combined. If a person who administered the warning sees the witnesses and the witnesses see him, because of the person administering the warning, their testimony is combined even though they do not see each other.
If they do not see the transgression at the same time, their testimony is not combined. For example, the two witnesses were in one house and one stuck his head out of the window and saw a person perform a forbidden labor on the Sabbath and another person issue a warning. He then thrust in his head and the other witness stuck his head out of the same window and saw the person commit the transgression. Their testimonies cannot be combined unless they both see the transgression at the same time.
The following laws apply when two witnesses see the transgressor from one window, two other witnesses see him from another window, and there is a person who gives a warning in between. If some of them see each other, they are considered as one group of witnesses. If they do not see each other and the person giving the warning does not include them together, they are considered as two groups of witnesses. Therefore if one group are discovered to be zomamim, the transgressor and the witnesses are executed. For the transgressor is executed on the basis of the testimony of the second group of witnesses.
Halacha 2
With regard to cases involving financial matters, by contrast, even though they did not see each other, their testimony can be combined.
What is implied? One witness said: "In my presence, he lent money him on this-and-this day" or "In my presence, he acknowledged a debt," and the second witness says: "I also testify that he lent him money" or "...acknowledged a debt" on a different day, their testimony can be combined.
Halacha 3
Similarly, if one witness states: "He gave a loan in my presence," and the other said: "He acknowledged a debt in my presence," or the first said: "He acknowledged a debt in my presence," and the other testified afterwards, saying: "He gave a loan in my presence," their testimony can be combined.
Halacha 4
Similar concepts apply with regard to the time of their testimony in court. One may come on one day and the court will hear his testimony and the other may come on a later date and have his testimony heard. The testimonies may be combined and money expropriated on this basis.
Halacha 5
Similarly, if the testimony of one witness was recorded in a legal document and the other testified orally, their testimony may be combined. If the witness who did not record his testimony states: "I entered into an act of contract with him concerning this manner, but the lender did not come and ask me to record my testimony in a legal document," the two can join together to give the claim the status of a loan backed by a promissory note. The borrower may not claim: "I repaid the debt."
Halacha 6
The following laws apply in cases involving financial matters. If one witness delivered testimony in one court and the other witness delivered testimony in a second court, the two courts should come together and combine the testimonies. Similarly, if two witnesses delivered testimony in one court and then delivered testimony in another court, a member of either court can join together with a member of the other court. The statements of a witness and a judge before whom two witnesses testified may not be combined.
Halacha 7
Although testimony of two witnesses may be combined in matters of financial law, each of the witnesses must deliver testimony concerning an entire matter, as we explained. If, by contrast, one witness testifies concerning a portion of a matter and the other witness testifies concerning another portion of the matter, we do not establish the matter on the basis of their testimony, as indicated by Deuteronomy 19:15: "According to the testimony of two witnesses shall the matter be established."
What is implied? One witness testifies that a person benefited from a field one year, another testifies that he benefited in the following year, and a third testifies that he benefited in the third year, the testimonies of the three cannot be linked together to say that he benefited for three years. For each of them testified only about a portion of the matter.
Similarly, if one witness testifies: "I saw one hair on the person's right side," and another witness testifies: "I saw one hair on the person's left side," their testimonies are not linked together so that we can say that two people testified that the person concerned manifested signs of physical maturity on that particular day. For each of them testified only about a portion of the physical signs required. Even if two witnesses testified that they saw one hair and two other witnesses testified that they saw another hair, their testimony is of no consequence. Since they both testified about only half the matter, this is not acceptable testimony.
If, however, one witness testified that he saw two hairs on the person's right side and another witness testified that he saw two hairs on the person's left side, their testimony can be linked together. Similar concepts apply in all analogous situations.
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Rambam:
• 3 Chapters a Day: Sechirut - Chapter 1, Sechirut - Chapter 2, Sechirut - Chapter 3
Sechirut - Chapter 1
"I will thankfully acknowledge You with an upright heart, as I study Your righteous judgments" (Psalms 119:7).
The Thirteenth Book
SEFER MISHPATIM
The Book of Judgments
It consists of five halachot. They are, in order:
Hilchot Sechirut - The Laws of Rentals and Employer-Employee Relations; Hilchot She'ilah UFikadon - The Laws Governing Borrowing and Governing Entrusted Objects;
Hilchot Malveh V'Loveh - The Laws Pertaining to Lenders and Borrowers; Hilchot To'en VNit'an - The Laws Governing Disputes between Plaintiffs and Defendants; and Hilchot Nachalot - The Laws Pertaining to Inheritances
Halacha 1
The Torah mentions four types of watchmen, who are governed by three different rules. The four types of watchmen are an unpaid watchman, a borrower, a paid watchman and a renter.
Halacha 2
These are the three rules that govern cases involving these watchmen: When an entrusted article is stolen from or lost by an unpaid watchman and - needless to say, when the entrusted article is destroyed by forces beyond the watchman's control - e.g., it was an animal and it died or was taken captive -the watchman must take an oath that he guarded the article in a manner appropriate for a watchman, and then he is freed of liability, as Exodus 22:6-7 states: "And it was stolen from the man's home... and the homeowner shall approach the judges."
A borrower must make restitution in all instances, whether the borrowed object was lost, stolen, or destroyed by factors beyond his control - e.g., a borrowed animal died, was injured or taken captive. For with regard to a borrower, ibid.:13 states: "If it becomes injured or dies - when its owner is not with it - he must certainly make restitution."
A paid watchman and a renter are governed by the same laws. If the article that was rented or was entrusted for a fee was lost or stolen, they must make restitution. If the article is lost by forces beyond the watchman's control - e.g., an animal died, was injured, was taken captive or was attacked by a wild animal - the watchman is required to take an oath, and then he is freed of liability, as ibid.:9-10 states: "If it died, was injured or taken captive, and there are no witnesses, an oath of God shall be between them." And ibid.:11 states: "If it is stolen from him, he shall make restitution to its owner."
Thus, an unpaid watchman takes an oath in all instances. A borrower makes restitution in all instances except when an animal dies performing the labor for which it was borrowed, as will be explained. And a paid watchman and a renter make restitution when the article is lost or stolen, and take an oath when it is destroyed by forces beyond their control - e.g., it was injured, taken captive, died, attacked by beasts, lost in a ship that sank at sea, seized by armed thieves - or lost in any other major matter over which the watchman has no control.
Halacha 3
The following rules apply when a person entrusts an article to a colleague for safekeeping, whether he offers payment or not or lends an article or hires it out. If the watchman also asks the owner of the article to work for him or hires him together with the article, the watchman is never held liable at all. Even if the watchman is negligent in his care of the article he was watching, and it was lost because of his negligence, he is not liable, as Exodus 22:14 states: "If his owner is with him, he need not make restitution. If he is a hired worker, it comes with his wages."
When does the above apply? When the watchman asked or hired the owner to work at the time he took the article, even if the owner was not with him at the time the article was stolen, lost or destroyed by forces beyond his control. If, by contrast, he took the article and became responsible as a watchman at the outset, and afterwards asked or hired the owner to work, he is not absolved of responsibility. Even if the owner was standing nearby at the time the entrusted article was destroyed by forces beyond the watchman's control, the watchman is liable to pay, as implied by ibid.: 13: "If the owner is not with him, he must certainly make restitution."
According to the Oral Tradition, these verses were interpreted to mean: If the owner was with the borrower at the time the article or animal was borrowed, he is not liable, even if he was not with him at the time it was stolen or died. If, however, he was not with the borrower at the time the article or animal was borrowed, he is liable, even if he was with him at the time it was stolen or died. The same laws apply to other watchmen. If the owners are "with them", they are all free of liability. Even if they are negligent, if the owners are "with them", they are all free of liability.
Halacha 4
Whenever a watchman is negligent when he begins caring for the article, even though the article is ultimately destroyed by forces beyond his control, he is liable, as will be explained.
A borrower is not allowed to lend the entrusted article to another person. Even if he borrows a Torah scroll - in which instance, anyone who reads it performs a mitzvah - he may not lend it to someone else. Similarly, a renter is not permitted to rent the entrusted article to another person. Even if a Torah scroll was rented to him, he may not rent it to someone else. The rationale is that the owner will tell the watchman: "I do not want my article to be in someone else's hands."
The following rules apply if the watchman transgressed and entrusted the article to another watchman. If there are witnesses who testify that the second watchman guarded the article in an appropriate manner, and the article was destroyed by forces beyond his control, the first watchman is not liable. For there are witnesses that the article was destroyed by forces beyond his control.
If there are no witnesses to give such testimony, the first watchman is liable to pay the owners, for he entrusted the article to another watchman. Afterwards, he should enter into litigation with the second watchman. Even if the first watchman was not paid for his services and he entrusted the article to a paid watchman, he is liable. For the owner of the article will tell him: "Although you are an unpaid watchman, you are trustworthy in my eyes, and I am willing to believe your oath. I don't consider the other person trustworthy."
For this reason, if the owner of the article would frequently entrust articles of this nature to the second watchman, the first watchman is not required to make restitution. For he could tell the owner: "Yesterday, you were willing to entrust the article that you entrusted to me to this person."
In the above instance, the watchman is freed of liability only when he does not reduce the level of responsibility for watching the article. What is meant by reducing the level of responsibility for watching the article? For example, the article was entrusted to the first watchman for a fee, and he entrusted it to the second watchman without charge, or the first watchman was a borrower, and he entrusted it to a paid watchman. In such instances, since the watchman reduced the level of responsibility for watching the article, he is considered to be negligent and is required to pay.
[The above applies even if when the article was originally entrusted, the owner was working for or hired by the first watchman. For that watchman removed the entrusted article from his domain and entrusted it to another watchman.
Halacha 5
If the second watchman was able to bring proof that would free the first watchman from responsibility for guarding the article, he is not liable.
What is implied? A paid watchman entrusted an animal that was entrusted to him to an unpaid watchman. If the second watchman brought witnesses who testify that the animal died in a natural manner, the first watchman is not liable. The same principles apply in all analogous situations.
Halacha 6
When a watchman entrusted an animal entrusted to him to another watchman and increased the responsibility of the watchman and the animal died, the owner receives the benefit.
What is implied? A person rents a cow from a colleague and then lends it to another person. Afterwards, the cow dies in an ordinary manner in the possession of the borrower. Since the borrower is required to make full restitution, he should return the worth of the cow to its owners. For the renter is not carrying out business with his colleague's cow. Similar principles apply in all analogous situations.
The following rules apply when a person was in possession of an entrusted object belonging to a colleague and gave it to another person to bring to its owner. Since the first watchman is responsible for the article until it reaches its owner's domain, if he desires to retrieve the article from the second watchman, he may. If it is established that the first watchman has denied that property was entrusted to him, he cannot retrieve the article from the second watchman although he remains responsible for the entrusted article.
Sechirut - Chapter 2
Halacha 1
The three laws that the Torah states with regard to the four watchmen apply only with regard to movable property that is not consecrated and which belongs to a Jew.
This is derived from Exodus 22:6,9, which mentions: "money or articles and any animal." This excludes landed property and slaves, for they are equated with landed property. And it excludes promissory notes, for they themselves are not money.
And consecrated property is excluded, for ibid.:6 states: "When a person will give to his colleague." And this also excludes property owned by gentiles. Accordingly, our Sages stated: An unpaid watchman need not take an oath with regard to claims involving slaves, promissory notes, landed property and consecrated property. Similarly, a paid watchman or a renter need not pay if they are destroyed. If the watchman performed a kinyan confirming his responsibility for such articles, he is responsible for them.
Halacha 2
Our Sages ordained that the oaths required of watchmen should be taken with regard to consecrated property in the same manner as required by the Torah with regard to other property so that people should not deal lightly with consecrated property.
Halacha 3
It appears to me that a watchman who was negligent with regard to the care of slaves and the like is obligated to make restitution. For he is freed of responsibility with regard to slaves, landed property and promissory notes -only for the obligations stemming from theft, loss, death and the like. For if he was an unpaid watchman for movable property, and it was stolen or lost, he would be required to take an oath; but for slaves, landed property and promissory notes, he is not required to take an oath. Similarly, if he was a paid watchman, he would be required to make restitution for movable property that was stolen or lost, but for these he is freed of liability. If, however, he was negligent, he is required to make restitution. For everyone who is negligent is considered to be one who damages property, and there is no difference between the laws applying to a person who damages landed property and one who damages movable property.
This is a true judgment, as those who understand will see, and this is the appropriate way to rule. Similarly, my teachers issued the following rulings with regard to a person who entrusts his vine to a sharecropper or to a watchman and stipulates that he dig, prune or dust it from his own resources. If the watchman is negligent and does not perform the required task, he is liable as if he destroyed it with his hands. Similarly, he is liable in all instances where he causes a loss through his actions.
Halacha 4
When a person entrusts produce that is growing on land - even grapes that are ready to be harvested - to a colleague to watch, they are considered to be landed property with regard to the laws of watchman.
Halacha 5
The following principle applies if a person entrusts consecrated property to a watchman and then redeems it, and so it is no longer consecrated at the time the owner takes it from the watchman, or he lends it to a person when it was not consecrated and then consecrates it while it is in the borrower's possession, or a gentile entrusts property and then converts. In all these situations, the laws of watchmen do not apply, unless the article was not consecrated property and belonged to a Jew from the beginning of the time the article was entrusted until the conclusion of that period.
Halacha 6
The laws applying to borrowers apply equally to men and to women. This applies if the woman is the owner of the entrusted article, or an article was entrusted to her care.
Halacha 7
When a minor entrusts an article to an adult or lends it to him, the adult must take the oaths required of a watchman to the minor. My teachers ruled that the adult is not taking the oath because of the claim of the minor in which instance, the oath would not be required. For an oath is never taken with regard to a claim made by a minor. The rationale is that all the oaths taken by watchmen are taken because of an indefinite claim.
Halacha 8
Just as our Sages ordained that a purchaser must finalize his acquisition of an article through meshichah; so, too, they ordained that a watchman's responsibility for an article is established through meshichah.
When a person tells a colleague: "Watch an article for me," and he tells him: "Place it down in front of me," he is an unpaid watchman. If he tells him: "Place it down before yourself," or "Place it down" without saying anything else, or tells him: "My house is before you," he is neither a paid watchman nor is an unpaid watchman, nor is he obligated to take an oath at all. The owner of the article may, however, have a ban of ostracism issued applying to anyone who took his article and did not return it to its owner. Similar principles apply in all analogous situations.
Whenever a person entrusts, lends or rents an article to a colleague, the same laws apply whether or not the transfer was observed by witnesses. When the watchman himself admits that he served as a watchman, or he borrowed the article, he is required to take the oath required of watchmen. We do not employ the principle of miggo to absolve a person of the responsibility for an oath, but only to free him of the responsibility to make restitution.
Even if the article that was borrowed, entrusted or rented was worth only a p'rutah, the watchman is required to take an oath concerning it. None of the watchmen are required to admit to a portion of the plaintiff's claim before being required to take the oath.
Halacha 9
An unpaid watchman may make a stipulation to be freed of the responsibility to take an oath, and a borrower may make a stipulation to be freed of the responsibility to make restitution. Similarly, the owner of the entrusted object may make a stipulation that an unpaid watchman, a paid watchman or a borrower will be liable in all situations as a borrower is. This is acceptable, for any stipulation regarding money or an oath that involves money that is agreed upon by both principals is binding. Neither a kinyan to affirm it nor witnesses are required.
Halacha 10
When the owner claims that there was a stipulation made requiring the watchman to undertake more responsibility, and the watchman denies that such a stipulation was made, the watchman must take the oath required of a watchman, and on the basis of the principle of gilgul sh'vuah he must includein his oath that there was no stipulation involved.
Halacha 11
If the owner of an object claims that he entrusted it to a watchman, and the watchman answers that he said merely: "Place the article down before yourself," and thus never became obligated as a watchman, the defendant is required to take a sh'vuat hesseft that this was the manner in which he received the article. He should include in his oath that he did not use it for his own purposes, destroy it with his own hands or cause it to be destroyed in a manner that would obligate him to make restitution.
Halacha 12
If the owner of an object claims: "I lent it to you," "I rented it to you," or "I entrusted it to you," and the defendant responds: "This never took place," or "That is true, but I returned it to you, and my responsibility was concluded. There is no obligation between us at all," the defendant must take a sh'vuat hesset. He is then freed of responsibility.
When does this apply? When the watchman's responsibility is not recorded in a legal document. If, however, a legal document recorded that the article was entrusted, rented or lent, and the watchman claims that he returned the article, he must affirm his statement with an oath taken while holding a sacred article. The rationale for this ruling is that since an unpaid watchman could claim that the article was stolen or lost, and a borrower could claim that it died because he was working with it, his word is accepted when he says he returned it. But just as if he claimed that it was destroyed by forces beyond his control, he would have been required to take a Scriptural oath while holding a sacred article; so, too, when he claims to have returned it, he is required to take an oath resembling a Scriptural oath. The rationale is that the plaintiff has a legal document recording that the article was entrusted.
When does the above apply? When the watchman could have claimed that the article was destroyed by forces beyond his control without having to bring proof of his claim. If, however, he would have to bring proof of his claim, as will be explained, his word is not accepted if he claims that he returned the article. Instead, the plaintiff in possession of the legal document should take an oath while holding a sacred article that the watchman did not return anything to him. The watchman is then required to make restitution.
There is no other instance where a defendant is obligated to take an oath while holding a sacred article because he could have used another argument, except a watchman against whom a legal document serves as evidence. Whenever any other defendant is obligated an opportunity to take an oath, because he could have used another argument, all that is involved is a sh'vuat hesset.
Sechirut - Chapter 3
Halacha 1
The following rules apply when a watchman claims that the entrusted article was destroyed by a major factor over which he had no control - e.g., it was broken or it died. If the loss occurred in a place where witnesses are ordinarily present, we require him to bring proof to support his claim that it was destroyed by factors beyond his control. He is then freed of liability, even for a watchman's oath. If he does not bring proof, he is required to make restitution, as Exodus 22:9-10 states: "If there are none who see, the oath of God will be between the two of them." This impliesthat in a place where it is possible to bring proof, he cannot free himself of responsibility by taking an oath. Either he brings proof or he makes restitution.
If, however, the watchman claims that the article was destroyed in a place where witnesses are not ordinarily present, we do not require him to prove his claim. Instead, he must take an oath that it was destroyed by factors beyond his control, and then he is freed of responsibility. If he brings witnesses who testify that he was not negligent in his care for the article, he is not liable; he is not even required to take an oath.
An incident occurred with regard to a person who was hired to transfer a jug of wine and it broke in the market place of Mechuzah. The matter was brought before the Sages and they said that people are ordinarily present in the market place where the watchman claimed that the jug was broken. Hence they required him to either bring proof that he was not negligent, but instead stumbled and fell or make restitution. Similar principles apply in all analogous situations.
Halacha 2
When a person is hired to transfer a jug from place to place for a wage, and the jug is broken, according to Scriptural Law, he should be required to pay. For this is not a major factor that is beyond the porter's control; breaking an article is equivalent to its being stolen or lost, for which he is liable.
Nevertheless, our Sages ordained that the porter should be liable merely to take an oath that he was not negligent in caring for it. For if he were required to make financial restitution, no person would ever carry a jug for a colleague. Therefore, the Sages ordained that the breaking of a jug is equivalent to the death or the injury of an animal.
With regard to this matter, our Sages also ordained that if two people were carrying a jug with shafts, and it was broken, they should pay half the damages. For since this burden is very great for one person, but light for two people, it can be considered both similar and dissimilar to a loss due to factors beyond one's control. Therefore, if there are witnesses who testify that they were not negligent, they should pay half the damages.
If the jug was broken in a place where witnesses are not ordinarily present, the porters must take an oath that they did not break it through negligence. Afterwards, they are required to pay half the damages. For each one of should not have attempted to transport anything more than a burden that he could transport on his own. From this, one can derive thaht when a person transports a large jug that a porter would not ordinarily transport, he is considered to be negligent. If it breaks in his hands, he must make full restitution.
Halacha 3
The following rules apply when a porter breaks a jug of wine belonging to a merchant and was obligated to make restitution, and the jug was worth four zuzim on a market day, and three zuzim on other days. If he makes restitution on a market day, he must give him either a jug of wine or four zuzim This applies if the merchant does not possess other wine to sell on the market day. If the merchant possesses other wine, the porter is required to pay only three. If the porter makes restitution on another day, he is required to return only three.
Whenever the porter makes restitution, a deduction is made for the effort the merchant would have to undertake in selling the jug, the damage the hole causes in the jug, and other similar matters.
Halacha 4
The following rules apply when wolves come and attack herds being watched by a shepherd and seize some of them. If there is only one wolf, it is not considered to be a loss due to factors beyond his control. This applies even when there is an outbreak of wolves. If there are two wolves, it is considered to be a loss beyond his control." Two dogs are not considered to be a loss beyond his control, even if they come from two directions. If there are more than two, it is considered to be a loss beyond his control.
Armed thieves are considered to be a loss beyond his control. This applies even if the shepherd was armed and only one armed thief opposed him; it is considered to be a loss beyond his control. For a shepherd will not risk his life as a thief will.
A lion, a bear, a leopard, a cheetah or a snake are considered to be losses beyond his control.
When does this apply? When they come on their own initiative. If, however, the shepherd brings his herd to a place of wild beasts or thieves, losses incurred because of them are not considered to be losses beyond his control, and the shepherd is liable to make restitution.
Halacha 5
When a shepherd encounters a thief and begins to boast to him, trying to show him that he is not concerned with him, saying: "We are in this and this place. We have these and these many shepherds, and these and these types of weapons," and the thief comes and overcomes him and seizes the animals, the shepherd is liable. For there is no difference between bringing the animal(s) to a place of beasts and thieves, or boasting and thus bringing the thieves to the place of the animal(s).
Halacha 6
If a shepherd had the opportunity of saving an animal that was preyed upon or taken captive by calling to other shepherds or bringing staves, and he did not call to other shepherds or bring staves to save the animal, he is liable. This applies to both an unpaid watchman and a paid watchman. The difference is that an unpaid watchman should call to other watchman and bring staves without charge. If he cannot find any available for free, he is not liable. A paid watchman, by contrast, is obligated to hire other shepherds and staves until the value of the animal(s) in order to save them. Afterwards, he should collect their hire from the owner. If he does not do so and had the opportunity to hire others and did not avail himself of it, he is considered to be negligent and is liable to make restitution.
Halacha 7
When a shepherd claims that he hired other shepherds to save a herd from danger, he is required to take an oath. He may then collect the amount that he claims. The rationale is that he cannot claim more than the value of the herd and he could have claimed that the herd was preyed upon. He is required to take an oath while holding a sacred object, as required of all those who take oaths and expropriate property.
Halacha 8
The following laws apply when a shepherd abandoned his herd and came to the city - whether at the time the shepherds usually come to the city or at a time when this is not their practice - and wolves came and preyed upon the herd, or lions came and attacked them. We do not postulate that if he had been there, he definitely could have saved the animals. Instead, we assess the situation. If he could have saved them - even by hiring other shepherds and staves - he is liable. If not, he is not liable. If it is impossible to make such an assessment, he is liable.
Halacha 9
If an animal dies in an ordinary manner, this is considered to be a loss beyond the shepherd's control, and he is not liable. If he oppressed it and it died, it is not considered a loss beyond his control. If it overcame the shepherd and ascended to a high cliff, and it overcame him and fell, it is considered to be a loss beyond his control. If he led it up a steep cliff or it ascended on its own accord, but he could have prevented it from doing so and failed to do so, even though it overcame him and fell and died or was injured, he is liable. For whenever there is negligence at the outset, but ultimately the actual loss happens because of factors beyond the watchman's control, he is liable.
Similarly, when a shepherd leads animals across a bridge, and one pushes another and it falls into the current of the river, the shepherd is liable. The rationale is that he should have brought them over one by one. Indeed, the reason a shepherd receives a wage is to watch the animals in a effective manner. Since he was negligent at the outset, by causing them to cross together, even though when the animal fell, the loss was beyond his control, he is liable.
Halacha 10
If the shepherd was negligent and the animal went out to a swamp and died in an ordinary manner, he is not liable. For the animal's going there did not cause it to be lost due to forces beyond the shepherd's control. Since it died in an ordinary manner, what difference is it whether it diedin the watchman's house or in the swamp?
If, by contrast, a thief stole it from the swamp, and it died in an ordinary manner in the thief's house, the watchman is liable, even if he is an unpaid watchman. For even if it had not died, it would have been lost to its owner in the possession of the thief, and its going out to the swamp allowed it to be stolen. Similar laws apply in all analogous situations.
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Hayom Yom:
Friday, 30 Tishrei 5775 • 24 October 2014

"Today's Day"
Friday, Tishrei 30, 1st Day of Rosh Chodesh, 5704
Torah lessons: Chumash: Noach, Shishi with Rashi.
Tehillim: 145-150.
Tanya: Now, it is known (p. 541) ...without speech. (p. 543).
In Hallel - repeat Hodu lashem (p. 243) after each of the next three verses, Yomar na, etc., even if davening alone. The verses V'Avraham zakein, etc. and Zevadya yish'mreini etc. are said three times.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
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Daily Thought:
Better Than the Sun
There are three approaches to dealing with this world:
Some remain aloof as the sun. The world benefits from their light, but they stay far beyond it all. They invest little in this world and so have little to lose.
Others wane and wax as the moon. They suffer the scars and bruises of life, delight in its offerings, thirst for its rewards and tremble at its horrors. They invest everything and risk losing it all.
True tzadikim emulate their Creator. To them, every episode of life, no matter how minor, has meaning and purpose. And yet, they remain above it all. They are the sun and the moon at once.
What is their secret? It is memory.
Even as they invest themselves within the mundane, they remember they are not the body, but the soul.(Yitro 5733:1.)
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