Today's Laws & Customs:
• Prayers for Rain
In the Land of Israel, prayers for rain (i.e., adding the words v'ten tal u'matar to the appropriate blessing in the Amidah prayer) commence on Cheshvan 7 (see "Today in Jewish History" above. Outside of the Holy Land, the date for the rain prayer is determined by the local needs. In the U.S., Europe, Russia and other northern countries, it is recited beginning on the 60th day after the autumnal equinox -- on December 4th or 5th.)
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Today in Jewish History:
• Last Jew comes home (2nd Temple Era)
During the Second Temple Era (circa 230 BCE), Cheshvan 7 was the date on which the Jew most distant from the Holy Temple -- who resided on the banks of the Euphrates River, a 15-day journey's distance from Jerusalem -- arrived at his homestead upon returning from the Sukkot pilgrimage. All Jews would wait for this before beginning to pray for rain. Cheshvan 7 thus marked the return to everyday activities following the spirituality of the festival-rich month of Tishrei.
Link: The Last Jew
• Passing of R. Meir Shapiro (1933)
Passing of Rabbi Meir Shapiro of Lublin, founder of the daily "page a day" regimen of Talmudic study known as Daf Yomi.
DAILY QUOTE:
A chassid is never lonely(Chassidic saying)
DAILY STUDY:• Last Jew comes home (2nd Temple Era)
During the Second Temple Era (circa 230 BCE), Cheshvan 7 was the date on which the Jew most distant from the Holy Temple -- who resided on the banks of the Euphrates River, a 15-day journey's distance from Jerusalem -- arrived at his homestead upon returning from the Sukkot pilgrimage. All Jews would wait for this before beginning to pray for rain. Cheshvan 7 thus marked the return to everyday activities following the spirituality of the festival-rich month of Tishrei.
Link: The Last Jew
• Passing of R. Meir Shapiro (1933)
Passing of Rabbi Meir Shapiro of Lublin, founder of the daily "page a day" regimen of Talmudic study known as Daf Yomi.
DAILY QUOTE:
A chassid is never lonely(Chassidic saying)
CHITAS AND RAMBAM FOR TODAY:
Chumash: Lech-Lecha, 6th Portion Genesis 15:7-17:6 with Rashi
• Chapter 15
7. And He said to him, "I am the Lord, Who brought you forth from Ur of the Chaldees, to give you this land to inherit it." ז. וַיֹּאמֶר אֵלָיו אֲנִי יְהֹוָה אֲשֶׁר הוֹצֵאתִיךָ מֵאוּר כַּשְׂדִּים לָתֶת לְךָ אֶת הָאָרֶץ הַזֹּאת לְרִשְׁתָּהּ:
8. And he said, "O Lord God, how will I know that I will inherit it?" ח. וַיֹּאמַר אֲדֹנָי יֱהֹוִה בַּמָּה אֵדַע כִּי אִירָשֶׁנָּה:
9. And He said to him, "Take for Me three heifers and three goats and three rams, and a turtle dove and a young bird." ט. וַיֹּאמֶר אֵלָיו קְחָה לִי עֶגְלָה מְשֻׁלֶּשֶׁת וְעֵז מְשֻׁלֶּשֶׁת וְאַיִל מְשֻׁלָּשׁ וְתֹר וְגוֹזָל:
three heifers: (Gen. Rabbah 44:14) Three calves, symbolic of the three bulls: the bull of Yom Kippur, the bull brought when the interpretation of a law is hidden from the people [because of an error of the Sanhedrin], and the heifer whose neck was broken.
עגלה משלשת: שלשה עגלים, רמז לשלשה פרים פר יום הכפורים, ופר העלם דבר של צבור, ועגלה ערופה:
and three goats: Symbolic of the he-goat that is sacrificed inside, the he-goats of the additional offering of the festivals, and the he-goat that is sacrificed as a sin offering for an individual.
ועז משלשת: רמז לשעיר הנעשה בפנים, ושעירי מוספין של מועד, ושעיר חטאת יחיד:
and three rams: A guilt offering for a definite sin, a guilt offering for a doubtful sin, and a ewe lamb for a sin offering for an individual.
ואיל משולש: אשם ודאי, ואשם תלוי, וכבשה של חטאת יחיד:
and a turtle dove and a young bird: A turtle dove and a young pigeon. [These are the various species offered up for all kinds of atonement sacrifices.]
ותור וגוזל: תור ובן יונה:
10. And he took for Him all these, and he divided them in the middle, and he placed each part opposite its mate, but he did not divide the birds. י. וַיִּקַּח לוֹ אֶת כָּל אֵלֶּה וַיְבַתֵּר אֹתָם בַּתָּוֶךְ וַיִּתֵּן אִישׁ בִּתְרוֹ לִקְרַאת רֵעֵהוּ וְאֶת הַצִּפֹּר לֹא בָתָר:
and he divided them: He divided each one into two parts. The verse does not lose its simple meaning, because He was forming a covenant with him to keep His promise, to cause his sons to inherit the land, as it is written (verse 18): “On that day, the Lord formed a covenant with Abram, saying, etc.,” and it is the custom of those who form a covenant to divide an animal and to pass between its parts, as it is written (Jer. 34:19): “who passed between the parts of the calf.” Here too, “a smoking furnace and a fire brand, which passed between the parts,” was the agent of the Shechinah, which is [referred to as] fire. [from Pirkei d’Rabbi Eliezer , ch. 28]
ויבתר אותם: חלק כל אחד לשני חלקים, ואין המקרא יוצא מידי פשוטו לפי שהיה כורת עמו ברית לשמור הבטחתו להוריש לבניו את הארץ, כדכתיב (פסוק יח) ביום ההוא כרת ה' את אברם ברית לאמר וגו', ודרך כורתי ברית לחלק בהמה ולעבור בין בתריה, כמה שנאמר להלן (ירמיה לד יט) העוברים בין בתרי העגל, אף כאן תנור עשן ולפיד אש אשר עבר בין הגזרים הוא שלוחו של שכינה שהוא אש:
but he did not divide the birds: Since the idol-worshipping nations are likened to bulls, rams, and goats, as it is said (Ps. 22:13): “Many bulls surrounded me, etc.,” and Scripture states (Dan. 8:20): “The ram that you saw, the one with horns, represents the kings of Media and Persia,” and Scripture states (ibid. verse 21): “And the he-goat is the king of Greece.” And the Israelites are likened to young doves, as it is said (Song of Songs 2:14): “My dove, in the clefts of the rock.” Therefore, he divided the animals, as an allusion that the nations will gradually perish. “But he did not divide the bird,” as an allusion that Israel will exist forever. [from Pirkei d’Rabbi Eliezer , ch. 28; Targum. Ps. 22: 13]
ואת הצפור לא בתר: לפי שהאומות נמשלו לפרים ואילים ושעירים, שנאמר (תהלים כב יג) סבבוני פרים רבים וגו', ואומר (דניאל ח כ) והאיל אשר ראית בעל הקרנים מלכי מדי ופרס. ואומר (שם כא) והצפיר והשעיר מלך יון, וישראל נמשלו לבני יונה שנאמר (שה"ש ב יד) יונתי בחגוי הסלע, לפיכך בתר הבהמות רמז על האומות שיהיו כלין והולכין, ואת הצפור לא בתר רמז שיהיו ישראל קיימין לעולם:
11. And the birds of prey descended upon the carcasses, and Abram drove them away. יא. וַיֵּרֶד הָעַיִט עַל הַפְּגָרִים וַיַּשֵּׁב אֹתָם אַבְרָם:
And the birds of prey: Heb. הָעַיִט. This is a bird, and [it is called עַיִט] because it swoops down [עָט] and seeks the carcasses. Like (Job 9:26): “to swoop upon food,” and like (I Sam. 15:19): “and you flew (וַתַּעַט) upon the spoil.”
העיט: הוא עוף, ועל שם שהוא עט ושואף הנבלות (איוב ט כו) לטוש עלי אוכל, כמו (שמואל א' טו יט) ותעט אל השלל:
upon the carcasses: upon the parts. (Other editions: הַפְּגָרִים is translated into Aramaic as פַּגְלַיָא, [meaning “carcass,” and not “parts,” as Rashi interprets]. But because they [the Targumim] were accustomed to translating אִישׁ בִּתְרוֹ [verse 10] as וִיהַב פַּלְגַּיָא [meaning: “He placed each part”], the word פַּגְלַיָא was mistakenly changed to פַּלְגַּיָא, and they therefore translated הַפְּגָרִים as פַּלְגַיָא. But whoever translates that way is in error, because we cannot equate בְּתָרִים, parts, to פְּגָרִים, carcasses, for בְּתָרִים should be translated פַּלְגַּיָא, and פְּגָרִים should be translated פַּגְלַיָא, an expression of פִּגוּל, an abominable thing, as (Lev. 19:7): “it is an abominable thing (פִּגוּל),” an expression of a carcass. (So I heard from Rabbi Judah the son of Rabbi Samuel.) And so it was emended in a Rashi ms., and in another ms. was written: So did Rabbi Meir the son of Rabbi Samuel explain.)
על הפגרים: על הבתרים (הפגרים מתרגמינן פגליא, אלא מתוך שהורגלו לתרגם (פסוק י) איש בתרו, ויהב פלגיא, נתחלף להם תיבת פגליא לפלגיא, ותרגומו הפגרים פלגיא, וכל המתרגם כן טועה, לפי שאין להקיש בתרים לפגרים, שבתרים תרגומו פלגיא, ופגרים תרגומו פגליא לשון פגול, כמו (ויקרא יט ז) פגול הוא לשון פגר):
and Abram drove them away: Heb. וַיַּשֵּׁב, an expression of blowing and causing to fly away, like (Ps. 147:18): “He causes His wind to blow (יַשֵּׁב).” This is an allusion that David the son of Jesse will come to destroy them, but they will not permit him from heaven [to do so] until the King Messiah arrives. [from Pirkei d’Rabbi Eliezer, ch. 28]
וישב: לשון נשיבה והפרחה, כמו (תהלים קמז יח) ישב רוחו, רמז שיבא דוד בן ישי לכלותם, ואין מניחין אותו מן השמים עד שיבא מלך המשיח:
12. Now the sun was ready to set, and a deep sleep fell upon Abram, and behold, a fright, a great darkness was falling upon him. יב. וַיְהִי הַשֶּׁמֶשׁ לָבוֹא וְתַרְדֵּמָה נָפְלָה עַל אַבְרָם וְהִנֵּה אֵימָה חֲשֵׁכָה גְדֹלָה נֹפֶלֶת עָלָיו:
and behold, a fright, etc.: An allusion to the troubles and darkness of the exiles. [from above mentioned source, Targum Jonathan, Targum Yerushalmi, Gen. Rabbah 42:17, and many other midrashic sources]
והנה אימה וגו': רמז לצרות וחשך של גליות:
13. And He said to Abram, "You shall surely know that your seed will be strangers in a land that is not theirs, and they will enslave them and oppress them, for four hundred years. יג. וַיֹּאמֶר לְאַבְרָם יָדֹעַ תֵּדַע כִּי גֵר | יִהְיֶה זַרְעֲךָ בְּאֶרֶץ לֹא לָהֶם וַעֲבָדוּם וְעִנּוּ אֹתָם אַרְבַּע מֵאוֹת שָׁנָה:
that your seed will be strangers: From the time that Isaac was born until the Israelites left Egypt was four hundred years. How so? Isaac was sixty years old when Jacob was born, and Jacob, when he went down to Egypt, said, “The days of the years of my sojournings are one hundred and thirty years,” which total 190. They were in Egypt 210 years, like the numerical value of רְדוּ (see Rashi, below 42:2; ר = 200, ד = 4, ו = 6, totaling 210). Thus, the total is 400 years. Now, if you should say that they were 400 years in Egypt, [this is not so] because Kehath was one of those who descended to Egypt. If you compute the years of Kehath (133) and those of Amram (his son, 137), and the 80 years of Moses, his age when they left Egypt, you will find only 350 [years]. And you must still subtract from them all the years that Kehath lived after the birth of Amram and that Amram lived after the birth of Moses. [from Seder Olam ch. 3]
כי גר יהיה זרעך: משנולד יצחק עד שיצאו ישראל ממצרים ארבע מאות שנה. כיצד, יצחק בן ששים שנה כשנולד יעקב. ויעקב כשירד למצרים אמר (להלן מז ט) ימי שני מגורי שלשים ומאת שנה, הרי מאה ותשעים, ובמצרים היו מאתים ועשר כמנין רדו, הרי ארבע מאות שנה. ואם תאמר במצרים היו ארבע מאות, הרי קהת מיורדי מצרים היה, צא וחשוב שנותיו של קהת, ושל עמרם, ושמונים של משה שהיה כשיצאו ישראל ממצרים, אין אתה מוצא אלא שלש מאות וחמשים, ואתה צריך להוציא מהן כל השנים שחי קהת אחר לידת עמרם, ושחי עמרם אחר לידת משה:
in a land that is not theirs: It does not say, “in the land of Egypt,” but “[in a land] that is not theirs,” and from the time Isaac was born (below 21:34): “and Abraham sojourned, etc.” (Below 20:1): “And [Isaac] sojourned in Gerar.” (Ps. 105:23): “And Jacob sojourned in the land of Ham.” (Below 47:4): “To sojourn in the land we have come.” - [from Mid. Abchir]
בארץ לא להם: לא נאמר בארץ מצרים אלא בארץ לא להם, ומשנולד יצחק (להלן כא לד) ויגר אברהם וגו', וביצחק (שם כו ג) גור בארץ הזאת, (תהלים קה כג) ויעקב גר בארץ חם, (בראשית מז ד) לגור בארץ באנו:
14. And also the nation that they will serve will I judge, and afterwards they will go forth with great possessions. יד. וְגַם אֶת הַגּוֹי אֲשֶׁר יַעֲבֹדוּ דָּן אָנֹכִי וְאַחֲרֵי כֵן יֵצְאוּ בִּרְכֻשׁ גָּדוֹל:
And also the nation: [The word] וְגַם, [and also], is to include the four kingdoms (Babylon, Persia and Media, Greece, and Edom), for they too will perish because they enslaved Israel. [from Gen. Rabbah 44:19]
וגם את הגוי: וגם לרבות ארבע מלכיות, שאף הם כלים על ששיעבדו את ישראל:
will I judge: with ten plagues. [from Gen. Rabbah 44:20]
דן אנכי: בעשר מכות:
with great possessions: with much money, as it is said (Exod. 12:36): “and they emptied out Egypt.”
ברכוש גדול: בממון גדול, כמו שנאמר (שמות יב לו) וינצלו את מצרים:
15. But you will come to your forefathers in peace; you will be buried in a good old age. טו. וְאַתָּה תָּבוֹא אֶל אֲבֹתֶיךָ בְּשָׁלוֹם תִּקָּבֵר בְּשֵׂיבָה טוֹבָה:
But you will come to your forefathers in peace: And you will not witness any of this. [From Gen. Rabbah 44:20]
ואתה תבוא: ולא תראה כל אלה:
to your forefathers: His father was an idolater, and He announces to him that he will come to him? This teaches you that Terah repented. [from Tan. Shemoth 18]
אל אבותיך: אביו עובד עבודה זרה והוא מבשרו שיבא אליו, אלא למדך שעשה תרח תשובה:
you will be buried in a good old age: He announced to him that Ishmael would repent during his lifetime (Gen. Rabbah 30:4, 38:12), and that Esau would not embark on evil ways during his lifetime. Therefore, he died five years before his time, and on that very day, Esau rebelled (ibid. 63:12). See below 25:29f.
תקבר בשיבה טובה: בשרו שיעשה ישמעאל תשובה בימיו ולא יצא עשו לתרבות רעה בימיו, ולפיכך מת חמש שנים קודם זמנו ובו ביום מרד עשו:
16. And the fourth generation will return here, for the iniquity of the Amorites will not be complete until then." טז. וְדוֹר רְבִיעִי יָשׁוּבוּ הֵנָּה כִּי לֹא שָׁלֵם עֲוֹן הָאֱמֹרִי עַד הֵנָּה:
And the fourth generation: After they will have been exiled to Egypt, they will be there for three generations, and the fourth will return to this land (Mishnath Rabbi Eliezer ch. 5), for in the land of Canaan He spoke with him, and formed this covenant, as it is written (above verse 7): “to give you this land to inherit it.” And so it was: Jacob descended to Egypt. Go forth and figure his generations: Judah, Perez, and Hezron, and Caleb the son of Hezron was one of those who entered the land (Sotah 11b).
ודור רביעי: לאחר שיגלו למצרים יהיו שם שלשה דורות, והרביעי ישובו לארץ הזאת, לפי שבארץ כנען היה מדבר עמו וכרת ברית זו, כדכתיב (פסוק ז) לתת לך את הארץ הזאת לרשתה, וכן היה יעקב ירד למצרים. צא וחשוב דורותיו יהודה, פרץ, חצרון, וכלב בן חצרון מבאי הארץ היה:
for the iniquity of the Amorites will not be complete: that they should be sent out of their land until that time, for the Holy One, blessed be He, does not punish a nation until its measure is full, as it is said: (Isa. 27:8):“When her measure is full, when You send her away, then You will strive with her.” - [from Zohar, vol. 1, p. 113b]
כי לא שלם עון האמורי: להיות משתלח מארצו עד אותו זמן, שאין הקב"ה נפרע מאומה עד שתתמלא סאתה, שנאמר (ישעיה כז ח) בסאסאה בשלחה תריבנה:
17. Now it came to pass that the sun had set, and it was dark, and behold, a smoking furnace and a fire brand, which passed between these parts. יז. וַיְהִי הַשֶּׁמֶשׁ בָּאָה וַעֲלָטָה הָיָה וְהִנֵּה תַנּוּר עָשָׁן וְלַפִּיד אֵשׁ אֲשֶׁר עָבַר בֵּין הַגְּזָרִים הָאֵלֶּה:
Now it came to pass that the sun had set: Heb. וַיְהִי הַשֶּׁמֶשׁ בָּאָה. [The subject apparently does not agree with the predicate, because שֶׁמֶשׁ is a feminine noun, whereas וַיְהִי is a masculine verb. Therefore, Rashi explains as follows:] This is similar to (below 42:35): “And it came to pass that they were emptying their sacks”; (II Kings 13:21): “And it came to pass that they were burying a man”; meaning: this event took place. [The subject of וַיְהִי is not הַשֶּׁמֶשׁ but דָבָר זֶה (i.e., it is as if the masculine noun דָבָר זֶה (this event) were inserted after וַיְהִי.] The same is true in the two instances quoted by Rashi, in which the subject is plural, whereas the predicate is singular. There too, the subject of וַיְהִי is דָבָר זֶה.]
ויהי השמש באה: כמו (בראשית מב לה) ויהי הם מריקים שקיהם, (מ"ב יג כא) ויהי הם קוברים איש, כלומר ויהי דבר זה:
the sun had set: Heb. בָּאָה. It had set.
השמש באה: שקעה:
and it was dark: The day darkened.
ועלטה היה: חשך היום:
and behold, a smoldering furnace, etc.: He hinted to him that the kingdoms of the pagans would fall into hell. — [from Pirkei d’Rabbi Eliezer, ch. 28]
והנה תנור עשן וגו': רמז לו שיפלו המלכיות בגיהנם.
had set: Heb. בָּאָה Its accent is on the first syllable. Therefore, it is explained that it had already set; but if its accent were at the end, on the “alef,” it would be explained to mean: as it was setting. but it is impossible to say this, for it is already written (above verse 12): “Now the sun was setting,” and the passing of the smoking furnace happened after this. It is found that it had already set. And this difference exists in every word in the feminine gender, whose radical consists of two letters, such as בא (to come), קם (to arise), שב (to return). When the accent is on the first syllable, it is in the past tense, e.g., this case and e.g., (below 29:9): “and Rachel came (בָּאָה)”; (below 37:7): “my sheaf arose (קָמָה)”; (Ruth 1:15): “Lo! Your sister-in-law has returned (שָׁבָה).” However, when the accent is on the final syllable, it is in the present tense, denoting a thing that is happening now and is continuing to happen, like (below 29:6): “She is coming בָּאָה with the flocks”; (Esther 2:14): “In the evening she would come (בָּאָה), and in the morning she would return (שָׁבָה).”
באה: באה טעמו למעלה, לכך הוא מבואר שבאה כבר, ואם היה טעמו למטה באלף היה מבואר כשהיא שוקעת. ואי אפשר לומר כן, שהרי כבר כתיב ויהי השמש לבא, והעברת תנור עשן לאחר מכאן היתה נמצא שכבר שקעה. וזה חילוק בכל תיבה לשון נקבה שיסודה שתי אותיות, כמו בא, קם, שב, כשהטעם למעלה, לשון עבר הוא, כגון זה, וכגון (להלן כט ט) ורחל באה, (שם לז ז) קמה אלומתי, (רות א טו) הנה שבה יבמתך, וכשהטעם למטה הוא לשון הווה, דבר שנעשה עכשיו והולך, כמו (להלן כט ו) באה עם הצאן, (אסתר ב יד) בערב היא באה ובבקר היא שבה:
18. On that day, the Lord formed a covenant with Abram, saying, "To your seed I have given this land, from the river of Egypt until the great river, the Euphrates river. יח. בַּיּוֹם הַהוּא כָּרַת יְהֹוָה אֶת אַבְרָם בְּרִית לֵאמֹר לְזַרְעֲךָ נָתַתִּי אֶת הָאָרֶץ הַזֹּאת מִנְּהַר מִצְרַיִם עַד הַנָּהָר הַגָּדֹל נְהַר פְּרָת:
To your seed I have given: The word of the Holy One, blessed be He, is like an accomplished fact.
לזרעך נתתי: אמירתו של הקב"ה כאילו היא עשויה:
the great river, the Euphrates river: Since it is associated with the Land of Israel, He calls it great, even though it is the last of the four rivers going forth from Eden, as it is said (above 2:14): “and the fourth river that is the Euphrates.” A common proverb states: “A king’s servant is a king; associate with a ruler, and people will bow down to you.” - [from Sifrei Devarim 6]
הנהר הגדול נהר פרת: לפי שהוא דבוק לארץ ישראל קוראהו גדול אף על פי שהוא מאוחר בארבעה נהרות היוצאים מעדן, שנאמר והנהר הרביעי הוא פרת. משל הדיוט עבד מלך מלך, הדבק לשחוור וישתחוו לך:
19. The Kenites, the Kenizzites, and the Kadmonites, יט. אֶת הַקֵּינִי וְאֶת הַקְּנִזִּי וְאֵת הַקַּדְמֹנִי:
The Kenites: There are ten nations [enumerated] here, but He gave them only seven nations. The [other] three are Edom, Moab, and Ammon, and they are [here referred to as] the Kenites, the Kenizzites, and the Kadmonites, which are destined to be [our] heritage in the future, as it is said (Isa. 11:14): “upon Edom and Moab shall they stretch forth their hand, and the children of Ammon shall obey them.” - [from Gen. Rabbah 44:23]
את הקיני: עשר אומות יש כאן ולא נתן להם אלא שבעה גוים, והשלשה אדום ומואב ועמון, והם קיני קניזי וקדמוני עתידים להיות ירושה לעתיד, שנאמר (ישעיה יא יד) אדום ומואב משלוח ידם ובני עמון משמעתם:
20. And the Hittites and the Perizzites and the Rephaim, כ. וְאֶת הַחִתִּי וְאֶת הַפְּרִזִּי וְאֶת הָרְפָאִים:
and the Rephaim: the land of Og, concerning which it is said (Deut. 3: 13):“That is called the land of the Rephaim.”
ואת הרפאים: ארץ עוג, שנאמר בה (דברים ג יג) ההוא יקרא ארץ רפאים:
21. And the Amorites and the Canaanites and the Girgashites and the Jebusites." כא. וְאֶת הָאֱמֹרִי וְאֶת הַכְּנַעֲנִי וְאֶת הַגִּרְגָּשִׁי וְאֶת הַיְבוּסִי:
Chapter 16
1. Now Sarai, Abram's wife, had not borne to him, and she had an Egyptian handmaid named Hagar. א. וְשָׂרַי אֵשֶׁת אַבְרָם לֹא יָלְדָה לוֹ וְלָהּ שִׁפְחָה מִצְרִית וּשְׁמָהּ הָגָר:
an Egyptian handmaid: She was Pharaoh’s daughter. When he (Pharaoh) saw the miracles that were wrought for Sarah, he said, “It is better that my daughter be a handmaid in this household, than a mistress in another household.” - [from Gen. Rabbah 45:1]
שפחה מצרית: בת פרעה היתה, כשראה נסים שנעשה לשרה אמר מוטב שתהא בתי שפחה בבית זה ולא גבירה בבית אחר:
2. And Sarai said to Abram, "Behold now, the Lord has restrained me from bearing; please come to my handmaid; perhaps I will be built up from her." And Abram hearkened to Sarai's voice. ב. וַתֹּאמֶר שָׂרַי אֶל אַבְרָם הִנֵּה נָא עֲצָרַנִי יְהֹוָה מִלֶּדֶת בֹּא נָא אֶל שִׁפְחָתִי אוּלַי אִבָּנֶה מִמֶּנָּה וַיִּשְׁמַע אַבְרָם לְקוֹל שָׂרָי:
perhaps I will be built up from her: This teaches that whoever has no children is not built up but demolished. — [from Gen. Rabbah 45:2]
אולי אבנה ממנה: לימד על מי שאין לו בנים שאינו בנוי אלא הרוס:
I will be built up from her: in the merit that I will bring my rival into my house. — [from Gen. Rabbah 71:7, Aggadath Bereishith 52]
אבנה ממנה: בזכות שאכניס צרתי לתוך ביתי:
to Sarai’s voice: to the Divine Spirit within her. — [from Gen. Rabbah 45:2]
לקול שרי: לרוח הקודש שבה:
3. So Sarai, Abram's wife, took Hagar the Egyptian, her handmaid, at the end of ten years of Abram's dwelling in the land of Canaan, and she gave her to Abram her husband for a wife. ג. וַתִּקַּח שָׂרַי אֵשֶׁת אַבְרָם אֶת הָגָר הַמִּצְרִית שִׁפְחָתָהּ מִקֵּץ עֶשֶׂר שָׁנִים לְשֶׁבֶת אַבְרָם בְּאֶרֶץ כְּנָעַן וַתִּתֵּן אֹתָהּ לְאַבְרָם אִישָׁהּ לוֹ לְאִשָּׁה:
So Sarai, Abram’s wife, took: She took her with words, “You are fortunate that you have merited to cleave to a holy body such as this one.” - [from Gen. Rabbah 45:3]
ותקח שרי: לקחתה בדברים אשריך שזכית לידבק בגוף קדוש כזה:
at the end of ten years: This is the allotted time for a woman who has lived ten years with her husband and has not borne children to him, when he is obligated to marry another. — [from Gen. Rabbah 45:3]
מקץ עשר שנים: מועד הקבוע לאשה ששהתה עשר שנים ולא ילדה לבעלה חייב לישא אחרת:
of Abram’s dwelling: This tells us that the time they dwelled outside the Land does not count in the number [ten years], because it was not said to him, “and I will make you into a great nation,” [i.e., this promise would not be fulfilled] until he would come to the Land of Israel. — [from above source]
לשבת אברם וגו': מגיד שאין ישיבת חוצה לארץ עולה לו מן המנין, לפי שלא נאמר לו (לעיל יב ב) ואעשך לגוי גדול, עד שיבא לארץ ישראל:
4. And he came to Hagar, and she conceived, and she saw that she was pregnant, and her mistress became unimportant in her eyes. ד. וַיָּבֹא אֶל הָגָר וַתַּהַר וַתֵּרֶא כִּי הָרָתָה וַתֵּקַל גְּבִרְתָּהּ בְּעֵינֶיהָ:
And he came to Hagar, and she conceived: from the first union. — [from Gen. Rabbah 45:4]
ויבא אל הגר ותהר: מביאה ראשונה:
and her mistress became unimportant in her eyes: She said, “This Sarai her conduct in secret is not like her conduct in public. She shows herself as if she is a righteous woman, but she is not a righteous woman, for she did not merit to conceive all these years, whereas I have conceived from the first union.” - [from aforementioned source]
ותקל גברתה בעיניה: אמרה שרי זו אין סתרה כגלויה, מראה עצמה כאלו היא צדקת ואינה צדקת, שלא זכתה להריון כל השנים הללו, ואני נתעברתי מביאה ראשונה:
5. And Sarai said to Abram, "May my injustice be upon you! I gave my handmaid into your bosom, and she saw that she had become pregnant, and I became unimportant in her eyes. May the Lord judge between me and you!" ה. וַתֹּאמֶר שָׂרַי אֶל אַבְרָם חֲמָסִי עָלֶיךָ אָנֹכִי נָתַתִּי שִׁפְחָתִי בְּחֵיקֶךָ וַתֵּרֶא כִּי הָרָתָה וָאֵקַל בְּעֵינֶיהָ יִשְׁפֹּט יְהֹוָה בֵּינִי וּבֵינֶיֹךָ:
May my injustice be upon you: [For] the injustice that has been done to me, I lay the punishment upon you. When you prayed to God, “What will You give me, since I am going childless?” you prayed only for yourself, whereas you should have prayed for both of us, and I would have been remembered with you. Moreover, you are stealing from me your [protective] words, for you hear my degradation, and you remain silent (i.e., you are depriving me of the words you should have spoken to Hagar to reprimand her on my behalf). — [from Gen. Rabbah 45:5]
חמסי עליך: חמס העשוי לי, עליך אני מטיל העונש, כשהתפללת להקב"ה מה תתן לי ואנכי הולך ערירי, לא התפללת אלא עליך, והיה לך להתפלל על שנינו והייתי אני נפקדת עמך. ועוד, דבריך אתה חומס ממני שאתה שומע בזיוני ושותק:
I gave my handmaid, etc. between me and you: Every בֶּינֶיךָ in Scripture is spelled defectively (without the second yud), but this one is spelled plene. It may thus also be read וּבֵינַיִךְ (second person feminine), for she cast an evil eye on Hagar’s pregnancy, and she miscarried her fetus. That is why the angel said to Hagar, “Behold, you will conceive.” But was she not already pregnant? Yet he announces to her that she will conceive? But this teaches that she miscarried her first pregnancy. — [from Gen. Rabbah 45:5]
אנכי נתתי שפחתי וגו' ביני וביניך: כל ביני ובינך שבמקרא חסר, וזה מלא, קרי ביה וביניך שהכניסה עין הרע בעיבורה של הגר והפילה עוברה, הוא שהמלאך אומר להגר הנך הרה, והלא כבר הרתה והוא מבשר לה שתהר, אלא מלמד שהפילה הריון הראשון:
6. And Abram said to Sarai, "Here is your handmaid in your hand; do to her that which is proper in your eyes." And Sarai afflicted her, and she fled from before her. ו. וַיֹּאמֶר אַבְרָם אֶל שָׂרַי הִנֵּה שִׁפְחָתֵךְ בְּיָדֵךְ עֲשִׂי לָהּ הַטּוֹב בְּעֵינָיִךְ וַתְּעַנֶּהָ שָׂרַי וַתִּבְרַח מִפָּנֶיהָ:
And Sarai afflicted her: She enslaved her harshly. — [from Gen. Rabbah 45:6]
ותענה שרי: היתה משעבדת בה בקושי:
7. And an angel of the Lord found her by a water fountain in the desert, by the fountain on the road to Shur. ז. וַיִּמְצָאָהּ מַלְאַךְ יְהֹוָה עַל עֵין הַמַּיִם בַּמִּדְבָּר עַל הָעַיִן בְּדֶרֶךְ שׁוּר:
8. And he said, "Hagar, Sarai's servant, where are you coming from, and where are you going to?" And she said, "From before Sarai my mistress, I am fleeing." ח. וַיֹּאמַר הָגָר שִׁפְחַת שָׂרַי אֵי מִזֶּה בָאת וְאָנָה תֵלֵכִי וַתֹּאמֶר מִפְּנֵי שָׂרַי גְּבִרְתִּי אָנֹכִי בֹּרַחַת:
where are you coming from: [meaning]: “Where have you come from?” He knew [where she was coming from] but he wished to give her an opening to commence speaking with her. Now the אֵי מִזֶּה [lit. where from this] means: “Where is the place about which you can say, ‘From this place I have come.’”
אי מזה באת: מהיכן באת. יודע היה, אלא ליתן לה פתח ליכנס עמה בדברים. ולשון אי מזה, איה המקום שתאמר עליו מזה אני בא:
9. And the angel of the Lord said to her, "Return to your mistress, and allow yourself to be afflicted under her hands." ט. וַיֹּאמֶר לָהּ מַלְאַךְ יְהֹוָה שׁוּבִי אֶל גְּבִרְתֵּךְ וְהִתְעַנִּי תַּחַת יָדֶיהָ:
And the angel of the Lord said to her, etc.: For each statement, another angel was sent to her. Therefore, the word מַלְאָךְ, angel, is used with each statement. — [from Gen. Rabbah 45:7]
ויאמר לה מלאך ה' וגו': על כל אמירה היה שלוח לה מלאך אחר, לכך נאמר מלאך בכל אמירה ואמירה:
10. And the angel of the Lord said to her, "I will greatly multiply your seed, and it will not be counted for abundance." י. וַיֹּאמֶר לָהּ מַלְאַךְ יְהֹוָה הַרְבָּה אַרְבֶּה אֶת זַרְעֵךְ וְלֹא יִסָּפֵר מֵרֹב:
11. And the angel of the Lord said to her, "Behold, you will conceive and bear a son, and you shall name him Ishmael, for the Lord has heard your affliction. יא. וַיֹּאמֶר לָהּ מַלְאַךְ יְהֹוָה הִנָּךְ הָרָה וְיֹלַדְתְּ בֵּן וְקָרָאת שְׁמוֹ יִשְׁמָעֵאל כִּי שָׁמַע יְהֹוָה אֶל עָנְיֵךְ:
Behold, you will conceive: When you return, you will conceive, like (Jud. 13:5): Behold you shall conceive, stated concerning the wife of Manoah.
הנך הרה: כשתשובי תהרי, כמו (שופטים יג ז) הנך הרה, דאשת מנוח:
and bear a son: וְיֹלַדְתְּ is וְיוֹלֶדֶת, and similar to this (Jer. 22:23): You, who abide (ישַׁבְתְּ) in the Lebanon, (יוֹשֶׁבֶת) who nest (מְקוּנַנְתְּ) in the cedars [like, מְקוֹנֶנֶת].
וילדת בן: כמו ויולדת, ודומה לו (ירמיה כב כג) ישבת בלבנון מקננת בארזים:
and you shall name him: This is the imperative [feminine], as the text states for the masculine: (below 17:19): “and you shall name him (וְקָראתָ אֶת שְׁמוֹ) Isaac.”
וקראת שמו: צווי הוא, כמו שאומר לזכר (יז יט) וקראת את שמו יצחק:
12. And he will be a wild donkey of a man; his hand will be upon all, and everyone's hand upon him, and before all his brothers he will dwell." יב. וְהוּא יִהְיֶה פֶּרֶא אָדָם יָדוֹ בַכֹּל וְיַד כֹּל בּוֹ וְעַל פְּנֵי כָל אֶחָיו יִשְׁכֹּן:
A wild donkey of a man: who loves the wilderness to hunt beasts, as it is written (below 21:20f):“And he was an archer; and he dwelt in the desert of Paran.”
פרא אדם: אוהב מדברות לצוד חיות, כמו שכתוב (כא כ - כא) ויהי רובה קשת וישב במדבר פארן:
his hand will be upon all: [He will be] a bandit. — [from Tan. Shemot]
ידו בכל: לסטים:
and everyone’s hand upon him: Everyone will hate him and attack him.
ויד כל בו: הכל שונאין אותו ומתגרין בו:
and before all his brothers he will dwell: for his seed will be numerous.
ועל פני כל אחיו ישכן: שיהיה זרעו גדול:
13. And she called the name of the Lord, Who had spoken to her, "You are the God of seeing," because she said, "Have I seen[him]here also after I have seen?" יג. וַתִּקְרָא שֵׁם יְהֹוָה הַדֹּבֵר אֵלֶיהָ אַתָּה אֵל רֳאִי כִּי אָמְרָה הֲגַם הֲלֹם רָאִיתִי אַחֲרֵי רֹאִי:
You are the God of seeing: רֳאִי is vowelized with a “chataf kamatz” because it is a noun, i.e., the God of seeing, Who sees the humiliation of the humiliated. — [from Gen. Rabbah 45:10] (Other editions: Another explanation: “You are the God of seeing” meaning that He sees all, but no one sees Him. Targum Jonathan).
אתה אל ראי: נקוד חטף קמ"ץ מפני שהוא שם דבר, אלוה הראיה, שרואה בעלבון של עלובין:
Have I seen here also: הֲגַם הֲלֹם is an expression of wonderment. Would I have thought that even here in the desert I would see the emissary of the Omnipresent after I had seen them in the house of Abraham, where I was accustomed to seeing angels? And you should know that she was accustomed to seeing them, because Manoah saw the angel once and said, “We will surely die,” and this one saw four, one after the other, and she was not frightened. — [from Gen. Rabbah 45:7]
הגם הלום: לשון תימה, וכי סבורה הייתי שאף הלום במדברות ראיתי שלוחו של מקום אחרי רואי אותם בביתו של אברהם, ששם הייתי רגילה לראות מלאכים. ותדע שהיתה רגילה לראותם שהרי מנוח ראה את המלאך פעם אחת ואמר (שופטים יג כב) מות נמות, וזו ראתה ארבעה פעמים זה אחר זה ולא חרדה:
14. Therefore the well was called Be'er Lachai Ro'i; behold it is between Kadesh and between Bered. יד. עַל כֵּן קָרָא לַבְּאֵר בְּאֵר לַחַי רֹאִי הִנֵּה בֵין קָדֵשׁ וּבֵין בָּרֶד:
Be’er Lachai Ro’i: As the Targum renders: a well upon which the living angel appeared.
באר לחי ראי: כתרגומו בארא דמלאך קימא אתחזי עלה:
15. And Hagar bore a son to Abram, and Abram named his son, whom Hagar had borne, Ishmael. טו. וַתֵּלֶד הָגָר לְאַבְרָם בֵּן וַיִּקְרָא אַבְרָם שֶׁם בְּנוֹ אֲשֶׁר יָלְדָה הָגָר יִשְׁמָעֵאל:
and Abram named, etc.: Although Abram had not heard the words of the angel, who said,“And you shall name him Ishmael,” the Holy Spirit rested upon him, and he called him Ishmael. — [from Bereishith Rabbathi, also Mid. Aggadah]
ויקרא אברם שם וגו': אף על פי שלא שמע אברם דברי המלאך שאמר (פסוק יא) וקראת שמו ישמעאל, שרתה רוח הקודש עליו וקראו ישמעאל:
16. And Abram was eighty-six years old, when Hagar bore Ishmael to Abram. טז. וְאַבְרָם בֶּן שְׁמֹנִים שָׁנָה וְשֵׁשׁ שָׁנִים בְּלֶדֶת הָגָר אֶת יִשְׁמָעֵאל לְאַבְרָם:
And Abram was eighty-six years old, etc.: This was written in praise of Ishmael, to let us know that he was thirteen years old when he was circumcised, and he did not object. — [Mid. Aggadah]
ואברם בן שמנים שנה וגו': לשבחו של ישמעאל נכתב, להודיע שהיה בן שלש עשרה שנה כשנימול ולא עכב:
Chapter 17
1. And Abram was ninety-nine years old, and God appeared to Abram, and He said to him, "I am the Almighty God; walk before Me and be perfect. א. וַיְהִי אַבְרָם בֶּן תִּשְׁעִים שָׁנָה וְתֵשַׁע שָׁנִים וַיֵּרָא יְהֹוָה אֶל אַבְרָם וַיֹּאמֶר אֵלָיו אֲנִי אֵל שַׁדַּי הִתְהַלֵּךְ לְפָנַי וֶהְיֵה תָמִים:
I am the Almighty God: Heb. שַׁדַּי - I am He Whose Godliness suffices for every creature. [שֶׁ that, דַּי is sufficient]. Therefore, walk before Me, and I will be your God and your Protector, and wherever it (this name) appears in Scripture, it means “His sufficiency,” but each one is [to be interpreted] according to the context. — [from Gen. Rabbah 47:3]
אני אל שדי: אני הוא שיש די באלהותי לכל בריה, לפיכך התהלך לפני ואהיה לך לאלוה ולפטרון, וכן כל מקום שהוא במקרא פירושו די יש לו, והכל לפי הענין:
walk before Me: As the Targum renders: “Serve Me, cleave to My service.”
התהלך לפני: כתרגומו פלח קדמי, הדבק בעבודתי:
and be perfect: This too is one command following another command: be perfect in all My trials (Mid. Ps. 119:3), i.e., “Walk before Me” with faith and honesty, and also be perfect in all My trials. [Mizrachi] According to its midrashic interpretation, walk before Me refers to the commandment of circumcision, and thereby, you will be perfect, for as long as the foreskin is upon you, I consider you imperfect (Gen. Rabbah 46:1). Another explanation: “and be perfect” - Now you are missing [control over] five organs: two eyes, two ears, and the male organ. I will add a letter to your name, and the numerical value of your letters [of your name] will be 248, corresponding to the number of your organs (Tan. Lech Lecha 16, Ned. 32b).
והיה תמים: אף זה צווי אחר צווי, היה שלם בכל נסיונותי. ולפי מדרשו התהלך לפני במצות מילה, ובדבר הזה תהיה תמים, שכל זמן שהערלה בך אתה בעל מום לפני. דבר אחר והיה תמים, עכשיו אתה חסר חמשה אברים שתי עינים, שתי אזנים, וראש הגויה שאוסיף לך אות על שמך ויהיו מנין אותיותיך מאתיים ארבעים ושמונה כמנין אבריך:
2. And I will place My covenant between Me and between you, and I will multiply you very greatly." ב. וְאֶתְּנָה בְרִיתִי בֵּינִי וּבֵינֶךָ וְאַרְבֶּה אוֹתְךָ בִּמְאֹד מְאֹד:
And I will place My covenant: A covenant of love and the covenant of the land, to give it to you as a heritage through [your fulfillment of] this commandment. — [from Gen. Rabbah 46:9]
ואתנה בריתי: ברית של אהבה וברית הארץ להורישה לך על ידי מצוה זו:
3. And Abram fell upon his face, and God spoke with him, saying, ג. וַיִּפֹּל אַבְרָם עַל פָּנָיו וַיְדַבֵּר אִתּוֹ אֱלֹהִים לֵאמֹר:
And Abram fell upon his face: from fear of the Shechinah, for as long as he was uncircumcised, he did not have the strength to stand when the Divine Presence stood over him, and that is what is said concerning Balaam (Num. 24:4):“who falls and his eyes are open” (Num. Rabbah 12:8). I found this in the Baraitha of Rabbi Eliezer (Pirkei d’Rabbi Eliezer ch. 29).
ויפול אברם על פניו: ממורא השכינה, שעד שלא מל לא היה בו כח לעמוד ורוח הקודש נצבת עליו, וזהו שנאמר בבלעם (במדבר כד ד) נופל וגלוי עינים. בברייתא דרבי אליעזר מצאתי כן:
4. "As for Me, behold My covenant is with you, and you shall become the father of a multitude of nations. ד. אֲנִי הִנֵּה בְרִיתִי אִתָּךְ וְהָיִיתָ לְאַב הֲמוֹן גּוֹיִם:
5. And your name shall no longer be called Abram, but your name shall be Abraham, for I have made you the father of a multitude of nations. ה. וְלֹא יִקָּרֵא עוֹד אֶת שִׁמְךָ אַבְרָם וְהָיָה שִׁמְךָ אַבְרָהָם כִּי אַב הֲמוֹן גּוֹיִם נְתַתִּיךָ:
the father of a multitude of nations: אַב הֲמוֹן is an acrostic of his name [i.e., - אב ר הם]. (Gen. Rabbah 46:7). The “resh” that was in it [his name] originally, denoting that he was the father only of Aram, which was his native place, whereas now [he became] the father of the whole world (Ber. 13a): nevertheless the “resh” that was there originally was not moved from its place. For even the “yud” in Sarai’s name complained to the Shechinah until it was added to Joshua, as it is said: (Num. 13:16):“and Moses called Hosea [הוֹשֵׁעַ] the son of Nun, Joshua [יְהוֹשֻׁעַ].” - [from Gen. Rabbah 47:1]
כי אב המון גוים: לשון נוטריקון של שמו. ורי"ש שהיתה בו בתחלה, שלא היה אב אלא לארם שהוא מקומו ועכשיו אב לכל העולם, לא זזה ממקומה, שאף יו"ד של שרי נתרעמה על השכינה עד שנתוספה ליהושע, שנאמר (במדבר יג טז) ויקרא משה להושע בן נון יהושע:
6. And I will make you exceedingly fruitful, and I will make you into nations, and kings will emerge from you. ו. וְהִפְרֵתִי אֹתְךָ בִּמְאֹד מְאֹד וּנְתַתִּיךָ לְגוֹיִם וּמְלָכִים מִמְּךָ יֵצֵאוּ:
and I will make you into nations: [This refers to] Israel and Edom, for he already had Ishmael, and He would therefore not be informing him about him.
ונתתיך לגוים: ישראל ואדום, שהרי ישמעאל כבר היה לו ולא היה מבשרו עליו:
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Daily Tehillim: Psalms Chapters 39 - 43
• Chapter 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
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Tanya: Iggeret HaKodesh, middle of Epistle 26
• Lessons in Tanya
• Today's Tanya Lesson
Friday, 7 Cheshvan 5775 • 31 October 2014
Iggeret HaKodesh, middle of Epistle 26
The Alter Rebbe will now point out that a careful reading of the passage from Ra’aya Mehemna reveals that it is not the laws themselves nor the study of them that are termed the Tree of Knowledge of Good and Evil. Rather, this term is applied to the actual food or other things which are prohibited or permitted, and which derive their life-force from kelipat nogah — for this is the Tree of Knowledge of Good and Evil, as will soon be explained.
אך באמת, כשתדקדק בלשון רעיא מהימנא דלעיל
But in truth, if you examine closely the above-quoted text of Ra’aya Mehemna —
ואילנא דטוב ורע, דאיהו איסור והיתר כו׳
“And the Tree of [Knowledge of] Good and Evil, i.e., prohibition and permission...” —
ולא אמר תורת איסור והיתר, או הלכות איסור והיתר
[you will note that] it does not say “the teachings (i.e., studying the subjects) of prohibition and permission,” nor “the laws of prohibition and permission,” which would suggest that they are (G‑d forbid) the Tree of Knowledge of Good and Evil.
אלא רצה לומר, דגוף דבר האסור והדבר המותר, הוא מאילנא דטוב ורע
Rather, it means to say that the actual thing which is prohibited, or the thing which is permitted, is of the Tree of Good and Evil,
שהוא קליפת נוגה, כמו שכתוב בעץ חיים
i.e., of kelipat nogah, as stated in Etz Chayim.1
וזהו לשון אסור, שהקליפה שורה עליו, ואינו יכול לעלות למעלה, כדבר המותר
This, in fact, is the root of “assur” (meaning “forbidden”; lit., “bound”): the kelipah hovers over [the forbidden thing] so that it cannot rise aloft to holiness like that which is “muttar” (meaning “permitted”; lit., “unbound”);
דהיינו, שאינו קשור ואסור בקליפה
[while “muttar”] means that [a permitted object] is not tied and bound (“assur”) to the kelipah that would anchor it,
ויוכל לעלות על ידי האדם האוכלו, בכוונה לה׳
and is [therefore] able to ascend by means of the person eating it with his mind on G‑d, e.g., in order to have the strength to serve Him.
וגם בסתם
The same applies when there is no specific intent,
כל אדם העובד ה׳, שבכח האכילה ההיא לומד ומתפלל לה׳
with any person who serves G‑d, who studies [Torah] and prays to G‑d with the energy derived from this eating,
ונמצא שנעשו אותיות התורה והתפלה העולה לה׳, מכח הנברר מהמאכל ההוא
so that the letters of Torah and of prayer which ascend to G‑d are formed out of the energy distilled from that food.
In other words, the life-force that derives from kelipat nogah is thereby elevated to G‑d.
וזהו בחול
This is so during the week: In order for the food eaten on weekdays to be elevated, it must be utilized for Torah or prayer.
אבל בשבת, שיש עליה לקליפת נוגה בעצמה, עם החיצוניות שבכל העולמות
But on the Sabbath, the kelipat nogah itself is elevated, together with the external aspect of all the worlds, for the Sabbath is characterized by the “elevation of the worlds” (aliyat haolamot).2
לכן מצוה לאכול כל תענוגים בשבת
It is therefore a mitzvah to eat all kinds of pleasurable things on the Sabbath, for the sake of oneg Shabbat (“enjoying the Sabbath”), irrespective of the fact that it gives one the strength to serve G‑d,
ולהרבות בבשר ויין
and to partake of more meat and wine than usual,
אף שבחול נקרא זולל וסובא
even though on a weekday one would be called a glutton and a drunkard.
מה שאין כן בדבר איסור
It is otherwise with a forbidden thing.
שאינו יכול לעלות, לא בשבת ולא בחול, גם כשמתפלל ולומד בכח ההוא
It cannot ascend [to holiness,] neither on the Sabbath nor on a weekday, even if one were to pray and study with that energy, i.e., with the energy derived from eating it3׳—
אם לא שאכל לפיקוח נפש, שהתירו רז״ל, ונעשה היתר גמור
unless one ate in order to save an endangered life, which is permitted by our Sages, of blessed memory, so that [the food] becomes [entirely]4 permissible.
אבל הלימוד בתורה, אף הלכות איסור והיתר, טומאה וטהרה
But the study of Torah, even the laws of issur and hetter, impurity and purity, i.e., not the objects but the laws concerning them,
שהם המשניות וברייתות שבגמרא
those being the Mishnayot and the Beraitot in the Gemara that address these issues,
ופוסקים, המבארים ומבררים דבריהם להלכה למעשה
and the codifiers who explain and clarify their words for practical application,
הן הן גופי תורה שבעל פה
these constitute the body of the Oral Torah,
שהיא ספירת מלכות דאצילות, כדאיתא בזהר הקדוש, במקומות אין מספר
which is the Sefirah of Malchut in [the World of] Atzilut, as stated in innumerable places in the sacred Zohar.
ובריש תיקונים: מלכות: פה, ותורה שבעל פה קרינן לה
It is likewise written at the beginning of the Tikkunim,5 “Malchut (lit.,‘sovereignty’) — that is the Mouth, which we call the Oral Torah.”
ובאצילות, איהו וגרמוהי חד בהון
And in Atzilut, “He and His causations (garmohi; lit., ‘organs’) are one in them.” I.e., the [infinite] Ein Sof-light, and the vessels (kelim) which emanate from Him, and so too His attributes, are all one with Him — in the Sefirot.6
דהיינו, שאור אין סוף ברוך הוא מתייחד באצילות בתכלית היחוד, שהוא ורצונו וחכמתו המלובשים בדבורו, שנקרא מלכות, הכל אחד
That is, the [infinite] Ein Sof-light unites itself in Atzilut in an absolute unity, so that He, and His will and wisdom — vested in His speech, which is called Malchut — are entirely one.
This indivisible level of Divinity can thus not be described in compound terms, as the Tree of Knowledge of [both] Good and Evil. And the laws of the Oral Torah — in the Mishnayot, the Beraitot and the legal codes — which relate to the Sefirah of Malchut in the World of Atzilut, partake of the same indivisible unity. These laws can thus not be described in terms of the Tree of Knowledge of [both] Good and Evil.
* * *
FOOTNOTES
1. Shaar 49, ch. 2.
2. Note of the Rebbe: “With regard to the above, compare the Alter Rebbe’s own wording (in Torah Or, Parshat Chayei Sarah) and see the commentary of the Tzemach Tzedek (printed as an addendum to the Kehot editions of Torah Or).”
3. Cf. Tanya, ch. 7.
4. See the Addendum to this chapter.
5. Tikkunei Zohar, p. 17a (in the Introduction that begins Patach Eliyahu).
6. These terms are explained above, at the beginning of Epistle 20 (Vol. IV in the present series, p. 357).
____________________________
Rambam:
Daily Mitzvah P197, N234 Sefer Hamitzvot
Today's Mitzvah
Friday, 7 Cheshvan 5775 • 31 October 2014
Daily Mitzvah P197, N234 Sefer Hamitzvot
Today's Mitzvah
Friday, 7 Cheshvan 5775 • 31 October 2014
Positive Commandment 197
Lending Money
"If you lend money to My people, the poor among you"—Exodus 22:24.
We are commanded to lend money to the impoverished, in order to help relieve them and ease their burden. This mitzvah is even greater than that of giving charity; for one who has already reached the point where he has to openly ask people for money is less bothered and pained by [having to ask for assistance] than one who has not yet reached this level. He therefore needs assistance to keep his situation from being known and reaching such a level.
Lending Money
Positive Commandment 197
Translated by Berel Bell
The 197th mitzvah is that we are commanded to lend money to a poor person, in order to help him and to ease his burden. This mitzvah is even greater and of more magnitude than that of giving charity; for one who has already reached the point where he has to openly ask people for money is less bothered and pained by this [having to ask for assistance] than one who has not yet reached this level. He therefore needs assistance to keep his situation from being known and reaching such a level.
The source of this commandment is G‑d's statement1 (exalted be He), "When you lend money to My people, to the poor man among you..."
In the words of the Mechilta: "Every time the Torah uses the word im ['if' or 'when'], it indicates an optional mitzvah [i.e. 'if'] except for three" — one of the three being this verse, "When you lend money to My people, to the poor man among you...."
Our Sages also said, "The verse 'When you lend money' constitutes an obligatory commandment. [The question is asked:] You said its obligatory, but perhaps it is only optional? The Torah therefore said,2 'Extend to him any credit he needs.' This indicates that it is an obligation, not just an option."
The details of this mitzvah are explained in many passages in tractate Kesuvos3 and in Bava Basra.4
FOOTNOTES
1.Ex. 22:24.
2.Deut. 15:8.
3.48a.
4.8a.
Demanding Payment of a Loan from a Destitute Borrower
"You shall not be to him as a creditor"—Exodus 22:24.
It is forbidden to demand payment of a debt from a borrower if the lender is aware that the borrower has not the means to repay. It is even forbidden for the lender to pass before the borrower [lest his presence, and therefore the acute awareness that he owes him money, shame him].
Demanding repayment of a debt that includes interest is also included in this prohibition.
Demanding Payment of a Loan from a Destitute Borrower
Negative Commandment 234
Translated by Berel Bell
The 234th prohibition is that we are forbidden from demanding repayment of a loan when we know that the borrower is unable to pay.
The source of this prohibition is G‑d's statement1 (exalted be He), "["When you lend money to My people, to the poor man among you,] do not behave like a creditor toward him."
Our Sages said in tractate Bava Metzia:2 "What is the source for the law that when someone owes you a maneh and you know that he does not have the money to repay you, that you are not even allowed to walk in front of him? It is the verse, 'do not behave like a creditor toward him.' " The Mechilta says: "The verse, 'do not behave like a creditor toward him' teaches that you should not constantly be visible to him."
You should be aware that this prohibition includes asking for repayment of an interest-bearing loan. Our Sages therefore said,3 "One who lends money with interest also transgresses G‑d's statement (exalted be He), 'do not behave like a creditor toward him,' as explained below.4
FOOTNOTES
1.Ex. 22:24.
2.75b.
3.Bava Metzia 5:11.
4.See N237.
Lending Money
"If you lend money to My people, the poor among you"—Exodus 22:24.
We are commanded to lend money to the impoverished, in order to help relieve them and ease their burden. This mitzvah is even greater than that of giving charity; for one who has already reached the point where he has to openly ask people for money is less bothered and pained by [having to ask for assistance] than one who has not yet reached this level. He therefore needs assistance to keep his situation from being known and reaching such a level.
Lending Money
Positive Commandment 197
Translated by Berel Bell
The 197th mitzvah is that we are commanded to lend money to a poor person, in order to help him and to ease his burden. This mitzvah is even greater and of more magnitude than that of giving charity; for one who has already reached the point where he has to openly ask people for money is less bothered and pained by this [having to ask for assistance] than one who has not yet reached this level. He therefore needs assistance to keep his situation from being known and reaching such a level.
The source of this commandment is G‑d's statement1 (exalted be He), "When you lend money to My people, to the poor man among you..."
In the words of the Mechilta: "Every time the Torah uses the word im ['if' or 'when'], it indicates an optional mitzvah [i.e. 'if'] except for three" — one of the three being this verse, "When you lend money to My people, to the poor man among you...."
Our Sages also said, "The verse 'When you lend money' constitutes an obligatory commandment. [The question is asked:] You said its obligatory, but perhaps it is only optional? The Torah therefore said,2 'Extend to him any credit he needs.' This indicates that it is an obligation, not just an option."
The details of this mitzvah are explained in many passages in tractate Kesuvos3 and in Bava Basra.4
FOOTNOTES
1.Ex. 22:24.
2.Deut. 15:8.
3.48a.
4.8a.
________________________________________________
Negative Commandment 234Demanding Payment of a Loan from a Destitute Borrower
"You shall not be to him as a creditor"—Exodus 22:24.
It is forbidden to demand payment of a debt from a borrower if the lender is aware that the borrower has not the means to repay. It is even forbidden for the lender to pass before the borrower [lest his presence, and therefore the acute awareness that he owes him money, shame him].
Demanding repayment of a debt that includes interest is also included in this prohibition.
Demanding Payment of a Loan from a Destitute Borrower
Negative Commandment 234
Translated by Berel Bell
The 234th prohibition is that we are forbidden from demanding repayment of a loan when we know that the borrower is unable to pay.
The source of this prohibition is G‑d's statement1 (exalted be He), "["When you lend money to My people, to the poor man among you,] do not behave like a creditor toward him."
Our Sages said in tractate Bava Metzia:2 "What is the source for the law that when someone owes you a maneh and you know that he does not have the money to repay you, that you are not even allowed to walk in front of him? It is the verse, 'do not behave like a creditor toward him.' " The Mechilta says: "The verse, 'do not behave like a creditor toward him' teaches that you should not constantly be visible to him."
You should be aware that this prohibition includes asking for repayment of an interest-bearing loan. Our Sages therefore said,3 "One who lends money with interest also transgresses G‑d's statement (exalted be He), 'do not behave like a creditor toward him,' as explained below.4
FOOTNOTES
1.Ex. 22:24.
2.75b.
3.Bava Metzia 5:11.
4.See N237.
________________________________________
Rambam:
• 1 Chapter a Day: Edut Edut - Chapter 11Edut - Chapter 11
Halacha 1
When one does not read the Written Law, nor study the Oral Law, nor carry on ordinary social relationships, he can be assumed to be wicked and is disqualified as a witness according to Rabbinic decree. The rationale is that whenever a person has descended to such a degree, it can be assumed that he will transgress most transgressions that will present themselves to him.
Halacha 2
For this reason, unlearned people should not be designated as witnesses, nor do we accept such a person's testimony unless it has been established that he observes the mitzvot, performs acts of kindness, conducts himself in an upright manner, and carries on normal social relationships. The testimony of such a person may be accepted even though he is unlearned and is unfamiliar with both the Written and Oral Law.
Halacha 3
Thus one may conclude any Torah scholar may be assumed to be acceptable as a witness unless he is disqualified, and any unlearned person may be assumed to be unacceptable unless it is established that he follows just paths.
Halacha 4
Whoever accepts the testimony of an unlearned person before it is established that he possesses the above positive qualities or before witnesses come and testify that he observes the mitzvot and carries on ordinary social relations is a commoner and will be required to face judgment, for he has forfeited the financial resources of Jews on the basis of the testimony of the wicked.
Halacha 5
Similarly, base people are disqualified as witnesses by Rabbinic decree. This refers to people who walk through the marketplace eating in the presence of everyone, those who go unclothed in the marketplace when they are involved in ignoble tasks, and the like. The rationale is that they are not concerned with their own shame. All these people are considered as dogs; they will not be concerned with testifying falsely.
Included are those who partake of charity given by gentiles in public. Although they could derive this benefit in private, they denigrate themselves and accept it in public without showing concern for their honor. All of these individuals are disqualified according to Rabbinical decree.
Halacha 6
What is the difference between a person who is disqualified as a witness according to Scriptural Law and one who is disqualified by Rabbinic decree? The testimony of a person disqualified by Scriptural Law is nullified even though it was not announced in synagogues and houses of study that he is unacceptable.
Announcements must be made about a person who is disqualified by Rabbinic decree, by contrast, before his testimony is disqualified. Accordingly, any testimony that he gives before such announcements are made are accepted so that people who relied on him will not suffer a loss, for they did not know that he was unacceptable, and he is disqualified only by Rabbinic decree.
Halacha 7
The testimony of one witness is acceptable with regard to the Torah's prohibitions, even though his testimony is not accepted with regard to other matters. This is evident from the fact that when a wicked person known to transgress slaughters an animal, his slaughter is acceptable. We accept his word when he says: "I slaughtered it according to law." When, however, a person is suspected of violating a particular prohibition frequently, his word is not accepted with regard to his own matters. His word is accepted, however, with regard to others.
Halacha 8
For this reason, a person suspected of violating a particular prohibition may serve as a judge and as a witness for others. We operate under the assumption that a person will not transgress so that others will benefit.
What is implied? The word of an unlearned person is accepted if he states: "The produce of so-and-so has been tithed." Similarly, the word of a person who is suspected of selling the meat of a firstborn is accepted if he states: "The meat which so-and-so is selling is ordinary meat." Similar principles apply with regard to other prohibitions. For the wicked fear the Torah's prohibitions, but they do not fear causing others monetary loss.
Halacha 9
The Kings of Israel may not testify, nor is testimony given against them, because they are strong-armed men of power who do not subjugate themselves to the yoke of the judges. Testimony may be made against a High Priest, by contrast, and he may give testimony concerning the king in the Supreme Sanhedrin, as explained.
Halacha 10
Our Sages had no need to list informers, epicursim, and apostates among those who are not acceptable as witnesses. For they listed only the wicked among the Jewish people. These rebellious deserters of the faith are inferior to the gentiles. Gentiles need not be saved from a pit, but neither should they be pushed into one the pious among them will receive a share in the world to come. These deserters of the faith should be pushed into a pit and should not be saved from one; they will not receive a portion in the world to come.
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Rambam:
• 3 Chapters a Day: Malveh veLoveh Malveh veLoveh - Chapter 1, Malveh veLoveh Malveh veLoveh - Chapter 2, Malveh veLoveh Malveh veLoveh - Chapter 3
Malveh veLoveh - Chapter 1
HILCHOT MALVEH V'LOVEH
THE LAWS PERTAINING TO LENDERS AND BORROWERS
They contain twelve mitzvot: four positive commandments and eight negative commandments. They are:
1) to lend to a poor and destitute person;
2) not to press him for collection;
3) to press a gentile for collection of a debt he owes;
4) not to forcibly take collateral from a borrower;
e to return collateral to its owner when he requires it;
5) not to delay giving the collateral to the poor man who owns it when he requires it;
6) not to take collateral from a widow;
7) not to take utensils used to prepare food as collateral;
8) that a lender should not loan at interest;
9) that a borrower should not take a loan given at interest;
10) that no one should be involved with the lender and the borrower of a loan given at interest - not to serve as a witness between them, not to draw up a promissory note, nor to serve as a guarantor;
11) to borrow and lend money to a gentile at interest.
These mitzvot are explained in the following chapters.
Halacha 1
It is a positive commandment to lend money to the poor among Israel, as Exodus 23:24 states: "If you will lend money to My nation, to the poor among you." Lest one think that this is a matter left to the person's choice, it is also stated Deuteronomy 15:8: "You shall certainly loan to him."
This mitzvah surpasses the mitzvah of charity given to a poor person who asks for alms. For the latter person had already been compelled to ask, and this one has not yet sunk that low. Indeed, the Torah is very severe with regard to a person who does not lend money to a poor person, stating Ibid.:9: "Beware lest there be a defiant thought in your heart... and you look badly upon your poor brother and you not give him."
Halacha 2
Whenever a person presses a poor person for payment when he knows that he does not have the means to repay the debt, he transgresses a negative commandment, as Exodus 22:24 states: "Do not act as a creditor toward him." It is, by contrast, a positive mitzvah to press a gentile for payment and to cause him exasperation, as Deuteronomy 15:3 states: "Press a gentile for payment." According to the Oral Tradition, we have learned that this is a positive commandment.
Halacha 3
It is forbidden for one to appear before a person who owes him money when he knows that the debtor does not have the means to repay the debt. It is even forbidden to pass before him, lest one frighten him or embarrass him, even though one does not demand payment. Needless to say, this applies if he demands payment.
Just as it is forbidden for a creditor to demand payment; so, too, it is forbidden for a lender to withhold money that he possesses due a colleague, telling him: "Go and return," as Proverbs 3:28 states: "Do not tell your colleague: 'Go and return.'"
Similarly, it is forbidden for a lender to take a loan and use it when it is unnecessary and lose it, leaving his creditor without a source to collect the debt. This applies even if the owner is very wealthy. A person who acts in this way is wicked, as Psalms 37:21 states: "A wicked man borrows and does not pay." Our Sages commanded: "Treat money belonging to your colleague as dearly as your own."
Halacha 4
When a lender demands payment of a loan - even if he is wealthy and the borrower is in a pressing situation and struggles to support his family - we are not merciful in judgment. Instead, we expropriate all the movable property" that the person owns to pay the last penny of the debt. If the movable property he owns is not sufficient, we expropriate the landed property after issuing a ban of ostracism against any person who possesses movable property or knows of movable property he possesses and does not bring it to court.
We expropriate all the landed property the borrower possesses, even if it is on lien to the ketubah of the borrower's wife or to another creditor with a prior lien. We expropriate it for this creditor. If ultimately, the person with the prior lien will come to claim the property, he may expropriate it from the creditor to whom it was given.
If the lender claims that the movable property in his domain does not belong to him, but instead was entrusted to him, rented by him, or lent to him, we do not heed his words. He must prove his statements or the property will be expropriated by the creditor.
Halacha 5
A creditor may not collect his due by expropriating the wardrobe of the debtor's wife or his sons, not from colored garments that were dyed for them even though they have not worn them yet, nor from new sandals that were purchased for them. These belong to the wife and the children themselves. When does the above apply? With regard to their weekday garments. The creditor may, by contrast, expropriate their Sabbath and festival garments. Needless to say, if they own rings or golden or silver ornaments, they must all be given to the creditor.
Halacha 6
The following rules apply when a borrower owned movable property or landed property, but also had outstanding promissory notes owed to gentiles. If he says: "All of my property is on lien to gentiles; if Jews take the property as payment for their debts, the gentiles will imprison me because of the debts I owe them, and I will be in captivity," my teachers have ruled that his words are not heeded, and the Jews are granted the right to expropriate his property. If the gentiles come and imprison him, all of Israel is commanded to redeem him.
Halacha 7
We allow a debtor consideration in the same manner that consideration is granted to a person who makes a pledge to the Temple treasury and is unable to pay it.
What is implied? The court tells the borrower: "Bring all the movable property that you own; don't leave anything, not even a needle."
After he brings his possessions, we give him from everything that he has brought:
a) food for 30 days;
b) clothing for 12 months that is appropriate for him - he should not wear silk clothes or a hat crowned with gold; instead, such garments are taken away from him and he is given appropriate garments for 12 months;
c) a couch to sit on and a bed and a mattress to sleep on; if he is a poor man, he is given a bed and a straw mattress to sleep on. These articles are not given to his wife or to his children, despite the fact that he is obligated to provide them with sustenance.
The borrower is also given his sandals and his tefillin. If he is a craftsman, he is given two of the tools of his craft of every type necessary. For example, if he is a carpenter, he is given two awls and two planes. If he has many types of one utensil and only one of another, he is granted two of the utensil of which he possesses many, and all that he owns of that he possesses one. We do not purchase other tools for him from the sale of those many tools.
Although the borrower is a farmer or a donkey driver, we do not grant him his team of oxen or his donkey. Similarly, if he is a sailor, we do not give him his ship, even though these are his only sources of livelihood. The rationale is that these articles are not considered utensils, but rather property. They should be sold with the other movable property in court and the proceeds given to the creditor.
Halacha 8
The following law applies when a creditor comes to expropriate payment outside the presence of the borrower - e.g., the borrower journeyed to a distant country. If the borrower's wife seized possession of movable property belonging to her husband to sell so that she could derive her livelihood from it, it is expropriated from her and given to the creditor. The rationale is that even if her husband were present, he would not be entitled to provide for the sustenance of his wife and sons until he paid his debt in its entirety.
Malveh veLoveh - Chapter 2
Halacha 1
According to Scriptural Law, when a creditor demands payment of his debt, and the debtor possesses some property, consideration is granted to the debtor and the remainder of the possessions are granted to the creditor, as explained.
If no property belonging to the debtor is found or only those items that are granted to him in consideration are found, the debtor is enabled to go free.
We do not imprison him, nor do we tell him: "Bring proof that you are poor." We do not require him to take an oath that he has no possessions as the gentile legal process does. All of the above is included in the prohibition (Exodus 22:24): "Do not act as a creditor toward him." Instead, we tell the creditor: "If you know that this person who owes you money possesses property, go and seize it."
Halacha 2
If the creditor claims that the debtor possesses property, but is hiding it, and it is present within his home, according to law it is not proper for either the creditor or an agent of the court to enter his home to seize the property. Indeed, the Torah warned concerning this saying Deuteronomy 24:11: "Stand outside." We do, however, issue a ban of ostracism against anyone who owns property and does not give it to his creditor.
When, however, the Geonim of the early generations who arose after the compilation of the Talmud saw that the number of deceitful people had increased and the possibility of obtaining loans was diminishing, they ordained that a debtor who claims bankruptcy should be required to take a severe oath, comparable to a Scriptural oath, administered while he is holding a sacred article, that he does not possess any property aside from what he is given in consideration, that he has not hidden his property in the hands of others, or given the property to others as a present with the intent that it be returned.
He should include in the oath that any profit he makes and everything that comes into his possession or domain which he acquires, he will not use to provide sustenance, clothing, or care for his wife or children, that he will not give any person in the world a present. Instead, he will take from everything that he earns food for 30 days and clothing for 12 months that is appropriate for him - not the food of gluttons or drunkards, nor that enjoyed by the sons of royalty, and not the garments of the officers of the royal court, but food and clothing that is commonplace for him." Anything beyond his needs, he should give to his creditor little by little until he pays his entire debt. Before the oath is administered, a ban of ostracism is issued against anyone who knows that so and so possesses property that is either revealed or hidden and does not inform the court.
Even after this oath was ordained, neither a creditor nor an agent of the court is allowed to enter the house of the debtor. For an ordinance was not instituted to uproot the Torah's laws themselves. Instead, the debtor himself must bring out his utensils or say: "This and this is what I possess." We leave him what is appropriate for him, expropriate the rest and have him take the oath ordained as described above. This is the legal process among the Jewish community in all places.
If the debtor was seen with property after having taken this oath, and he tries to excuse himself, claiming that it belongs to others or that it was given to him as an investment, we do not accept his statements unless he brings proof. My teachers ruled in this manner.
Halacha 3
When a person takes this oath that he is bankrupt and all that he earns will be given to his creditors, he may not be required to take this same oath by all of his creditors. Instead, one oath applies to all the creditors. The rationale is that this is an ordinance instituted by the later sages, and we are not precise in applying it stringently. On the contrary, we are lenient.
Halacha 4
An exception to the above practice is made with regard to a person who has established a reputation for being poor and virtuous, and conducts himself in a trustworthy manner, and this is known to the judges and the majority of the people. If a creditor comes and seeks to make this person take the oath mentioned above, and it can be presumed that the plaintiff has no doubt about the debtor's state of poverty, but instead wishes to cause him exasperation with this oath, to torment him and to embarrass him publicly, to take revenge upon him or to force him to borrow money from gentiles or take property belonging to his wife to pay this creditor and absolve himself from taking this oath, it appears to me that it is forbidden for a God-fearing judge to have this oath administered. If he does administer this oath, he violates the Scriptural prohibition: "Do not act as a creditor toward him."
Moreover, the judge should reproach the creditor and castigate him, for he is bearing a grudge and acting according to the reckless whims of his heart. Our Sages instituted this ordinance only because of deceitful people, as implied by Deuteronomy 22:2: "Until your brother seeks it out," which can be interpreted to mean: Seek out whether your brother is deceitful or not. In this instance, since it is established knowledge that this person is poor and that he is not deceitful, it is forbidden to require him to take this oath.
Similarly, when it is established knowledge that a person is deceitful and he deals corruptly in financial matters, we presume that he possesses financial resources although he claims to be bankrupt, and he is eager to take this oath. I maintain that it is not appropriate to require him to take the oath. Instead, if it is possible for the judge to compel him to make restitution to his creditor or to place him under a ban of ostracism until he makes restitution, he should do so. The rationale is that he is presumed to possess financial resources, and paying a creditor is a mitzvah.
The general principle is: Whenever a judge performs one of these activities with the sole intent of pursuing justice, as we have been commanded to, without intending to favor either of the litigants in judgment, he has that authority, and he will receive a reward for his efforts, provided that they are carried out for the sake of heaven.
Halacha 5
Whenever a person is obligated to take this oath because of a promissory note that he is liable for, he admitted owing money to other people, and he was able to amass more property than the minimum amount allotted to him, this extra amount should be given only to the creditors who possess promissory notes. The rationale is that we suspect that the debtor may be conspiring to perpetrate deception by making an admission of a debt concerning this property.
Halacha 6
When Reuven owes Shimon 100 zuz and Levi owes Reuven 100 zuz, we should expropriate the money from Levi and give it to Shimon.
Therefore, if Reuven does not possess any property, but has promissory notes owed to him by Levi, those promissory notes are given to Shimon to collect. Accordingly, if Levi claims that the promissory note was given on faith or that it had already been paid, even though Reuven acknowledges the truth of Levi's statement, his admission is of no consequence. The rationale is that we fear that they may be conspiring to perpetrate deception to cause Shimon to lose his right to the money owed by Levi. Instead, Shimon may take an oath and expropriate the money from Levi. This is the law that applies to anyone who expropriates property; he may do so only after taking an oath.
Similarly, the following law applies to any person against whom there is an outstanding promissory note, who admits owing money to another person on his own initiative. If he does not possess enough property to pay both debts, the person with the promissory note alone is entitled to collect his due. This is ordained, because we suspect that they may be conspiring to perpetrate deception to undermine the power of the person's promissory note.
Halacha 7
It is forbidden for one to lend money - even to a Torah scholar - without having witnesses observe the transaction unless the lender receives an article as collateral. It is even more commendable to have the loan supported by a promissory note.
Whenever a person gives a loan without having witnesses observe the transaction, he transgresses the prohibition (Leviticus 19:14): "Do not place a stumbling block before the blind" and brings a curse upon himself.
Halacha 8
When a master borrows money from his servant and afterwards frees him, he is not liable to him at all. The same laws apply when a husband borrows from his wife. The rationales are that everything that a servant acquires becomes acquired by his master, and any money that is in a woman's possession is assumed to belong to her husband, unless she brings proof that it comes from her dowry.
Malveh veLoveh - Chapter 3
Halacha 1
Collateral may not be taken from a widow, whether she is rich or poor, whether it is taken at the time the loan is given, or after the time the loan is given, as Deuteronomy 24:17 states: "You shall not take the garment of a widow as collateral." This prohibition applies even when the court would supervise the matter.
If a creditor takes such collateral, it must be returned, even against his will. If the widow admits the debt, she must pay. If she denies its existence, she must take an oath. If the security the creditor took became lost or was consumed by fire before he returns it, he is punished by lashes.
Halacha 2
Similarly, whenever a person lends money to a colleague - whether he offers the loan in exchange for collateral, he takes collateral after the loan was given, or the collateral was given him by the court - he should not take utensils that are used for making food - e.g., a mill, kneading troughs, large cooking pots, a knife used for ritual slaughter or the like - as Deuteronomy 24:6 says: "Do not take as collateral... for one is taking a life as collateral."
If a creditor takes such collateral, it must be returned, even against his will. If the security he took became lost or was consumed by fire before the creditor returns it, he is punished by lashes.
Halacha 3
When a person takes several utensils that are used to produce food - e.g., he took a kneading trough, a pot and a knife - he is liable for each utensil independently. Even if he took two utensils that are used for the same activity, he is liable for taking two utensils and is given lashes for taking each of them.
This is implied by the,verse cited above, which mentions taking "a lower millstone and an upper millstone." This indicates that he is liable for each of the millstones independently. Just as the upper millstone and the lower millstone are two utensils that serve a single purpose, and the person is liable for each one independently; so, too, a person is liable for any other two utensils independently even though they serve the same purpose. Similarly, if he takes as collateral a yoke for oxen that plow, he is liable for two transgressions.
Halacha 4
When a person gives a loan to a colleague - whether the borrower is rich or poor - he should not take security himself. Instead, he should charge the court with this responsibility.
Moreover, even an agent of the court who comes to collect security should not enter the borrower's house to collect the security. Instead, he should stand outside. The borrower should go into his own house and bring out the security for him, as Deuteronomy 24:11 states: "You shall stand outside." 3
If so, one might ask: What is the difference between the creditor himself and the agent of the court? The agent of the court may take the security from the borrower by force and give it to the lender. The creditor himself, by contrast, may not take the security unless it is willingly given him by the borrower.
If the creditor transgressed and entered the house of the borrower and took security, or took collateral away from him by force, he is not punished by lashes. The rationale is that the prohibition can be corrected by the performance of a positive commandment, as Ibid.: 13 states: "You shall certainly return the security to him before the setting of the sun."
If he did not fulfill the positive commandment concerning it - e.g., the collateral became lost or was consumed by fire - he is punished by lashes. In such an instance, the creditor should calculate the value of the collateral, subtract it from the debt, and lodge a suit for the remainder.
Halacha 5
When a person takes collateral from a colleague, whether through the medium of the court, or he personally takes it from him either by force or by consent of the lender he is not always entitled to maintain possession. If the borrower is poor and the creditor took as collateral an article that the borrower needs, he is commanded to return the collateral to the borrower at the time that the borrower needs it. For example, he should return a pillow at night for him to sleep on it and a plow during the day for him to work with. This is implied by Deuteronomy 24:13: "You must certainly return the collateral."
If the creditor transgressed and did not return to him a utensil to be used by day during the day, or a utensil to be used at night during the night, he transgresses a negative commandment, as ibid.:12 states: "Do not sleep with his collateral." This means: "Do not go to sleep while his collateral is in your possession"; this refers to a garment worn at night. With regard to articles that he wears or uses to perform work during the day, Exodus 22:25 states: "Until the setting of the sun, return it to him" - this teaches that he must return it to him throughout the day.
If the creditor must return the collateral to the debtor when he needs it, and may take it only when he does not need it, of what benefit is the collateral to him?
a) So that the debt will not be nullified in the Sabbatical year;
b) So that the collateral will not be considered part of the movable property inherited by the debtor's sons. Instead, the creditor may take payment from the collateral after the borrower dies.
Thus, a person who takes an object as collateral from a poor person who needs it and fails to return it at the appropriate time violates three commandments: "You shall not enter his house," "You must certainly return the collateral," and "Do not sleep with his collateral."
When does the above apply? When he took the collateral at a time other than the time the loan was given. If, however, he took the collateral from the debtor at the time the loan was given, he does not transgress these prohibitions.
Halacha 6
An agent of the court who comes to take collateral should not take articles that a person cannot give as collateral - e.g., the garment he is wearing, the utensils with which he eats, or the like. He should leave a bed and a mattress for a rich man, or a bed and a straw mattress for a poor man. Whatever possessions the debtor has besides these should be taken as collateral. The creditor will then return to him an article used by day during the day, and an article used at night during the night.
If the debtor has two of a particular article, the creditor may take one, but must return the other.
Until when is the creditor obligated to return the collateral and then take it again? Forever. If, however, the collateral was an article that the debtor did not need, nor an article that is left for a debtor, the creditor must keep it for 30 days. Afterwards, he may sell the collateral in a court of law.
If the debtor dies, the creditor is not required to return the collateral to his sons. If the debtor dies after the collateral was returned to him, the creditor may pull it away from his sons and does not have to return it to them.
Halacha 7
A creditor may take collateral from a guarantors" by force. He may enter the guarantor's house and take the collateral, as Proverbs 20:16 states: "Take his garment, because he guaranteed a stranger."
Similarly, a person who is owed a fee by a colleague - whether it be his own wages, a fee for his animal or his utensils, or rent for his house - may take collateral without consulting the court. He may enter his home and take collateral in lieu of his fee. If, however, he considered the fee as a loan, this is forbidden, as implied by Deuteronomy 24:10: "When you extend a loan of any type...."
Halacha 8
The following rules apply with regard to a person who has in his possession collateral belonging to a poor person. If the fee for the rental of that article is more than the depreciation of the collateral - e.g., an ax, a large saw, or the like - it is permitted for him to rent it out and continually deduct the money he receives as its fee. This is like returning a lost object to its owner. He need not ask the owner for permission.
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Hayom Yom:
Friday, 7 Cheshvan 5775 • 31 October 2014
"Today's Day"
Friday, Cheshvan 7, 5704
Torah lessons: Chumash: Lech L'cha, Shishi with Rashi.
Tehillim: 39-43.
Tanya: But, in truth, (p. 555) ...are entirely one. (p. 557).
Since Torah was given, the correct sequence1 is: First, removal of the orla2 of the body, then of the tongue, then of the heart - deed, speech, then thought.
Our father Avraham, who lived prior to the giving of the Torah, however, first recognized his Creator - thought; then he disseminated G-dliness - speech; and finally circumcision3 - deed.
FOOTNOTES
1. Of man's avoda.
2. Lit. "foreskin." The layer of dullness, insensitivity. Compare Devarim 10:16 "You shall circumcise the orla of your hearts."
3. Removal of the orla.
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Daily Thought:
Go to Yourself(Lech Lecha)
“Go to yourself…to the land which I will show you.”—Genesis 12:1
“There, in the land, I will show you your essence.”—R’ Schneur Zalman of Liadi
The spiritual world of meditation and prayer has its borders.
That which can be known will be known.
That which is beyond knowing is permitted to whisper, softly.
And the very core of your being remains beyond the border, aching to enter, .
yet unable to utter a word of its presence.
But when the soul descends into the world of action, then every rule can be broken, every boundary crossed.
Take your soul out into the world, take its very essence there. Find divine purpose in your work; discover G‑d within the everyday workings of His world.
You will come to know which cannot be known; your eyes will see that which the soul could never bare, its very core of being.
In this world, the soul knows no borders.(Lech Lecha, 5738 (1977))
____________________________
Friday, Cheshvan 7, 5704
Torah lessons: Chumash: Lech L'cha, Shishi with Rashi.
Tehillim: 39-43.
Tanya: But, in truth, (p. 555) ...are entirely one. (p. 557).
Since Torah was given, the correct sequence1 is: First, removal of the orla2 of the body, then of the tongue, then of the heart - deed, speech, then thought.
Our father Avraham, who lived prior to the giving of the Torah, however, first recognized his Creator - thought; then he disseminated G-dliness - speech; and finally circumcision3 - deed.
FOOTNOTES
1. Of man's avoda.
2. Lit. "foreskin." The layer of dullness, insensitivity. Compare Devarim 10:16 "You shall circumcise the orla of your hearts."
3. Removal of the orla.
____________________________
Daily Thought:
Go to Yourself(Lech Lecha)
“Go to yourself…to the land which I will show you.”—Genesis 12:1
“There, in the land, I will show you your essence.”—R’ Schneur Zalman of Liadi
The spiritual world of meditation and prayer has its borders.
That which can be known will be known.
That which is beyond knowing is permitted to whisper, softly.
And the very core of your being remains beyond the border, aching to enter, .
yet unable to utter a word of its presence.
But when the soul descends into the world of action, then every rule can be broken, every boundary crossed.
Take your soul out into the world, take its very essence there. Find divine purpose in your work; discover G‑d within the everyday workings of His world.
You will come to know which cannot be known; your eyes will see that which the soul could never bare, its very core of being.
In this world, the soul knows no borders.(Lech Lecha, 5738 (1977))
____________________________
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