Today's Laws & Customs:
Today in Jewish History:
• Passing of R. Israel of Ruzhin (1850)
The 3rd of Cheshvan is the yahrtzeit (anniversary of the passing) of the famed Chassidic master Rabbi Israel of Ruzhin (1797-1850), known as "The Holy Ruzhiner."
Rabbi Israel was a great-grandson of Rabbi DovBer of Mezeritch; a close friendship existed between the Ruzhiner Rebbe and the 3rd Chabad Rebbe, Rabbi Menachem Mendel of Lubavitch.
Link: three stories
DAILY QUOTE:
Do not intermarry with them: do not give your daughter in marriage to his son, nor shall you take his daughter to your son; for they will turn away your son from following Me... For you are a holy people to the L-rd your G-d, and L-rd your G-d has chosen you to be a special people to Himself...(Deuteronomy 7:3-6)
DAILY STUDY:• Passing of R. Israel of Ruzhin (1850)
The 3rd of Cheshvan is the yahrtzeit (anniversary of the passing) of the famed Chassidic master Rabbi Israel of Ruzhin (1797-1850), known as "The Holy Ruzhiner."
Rabbi Israel was a great-grandson of Rabbi DovBer of Mezeritch; a close friendship existed between the Ruzhiner Rebbe and the 3rd Chabad Rebbe, Rabbi Menachem Mendel of Lubavitch.
Link: three stories
DAILY QUOTE:
Do not intermarry with them: do not give your daughter in marriage to his son, nor shall you take his daughter to your son; for they will turn away your son from following Me... For you are a holy people to the L-rd your G-d, and L-rd your G-d has chosen you to be a special people to Himself...(Deuteronomy 7:3-6)
CHITAS AND RAMBAM FOR TODAY:
Chumash: Lech-Lecha, 2nd Portion Genesis 12:14-13:4 with Rashi
• Chapter 12
14. And it came to pass when Abram came to Egypt, that the Egyptians saw the woman, that she was very pretty. יד. וַיְהִי כְּבוֹא אַבְרָם מִצְרָיְמָה וַיִּרְאוּ הַמִּצְרִים אֶת הָאִשָּׁה כִּי יָפָה הִוא מְאֹד:
And it came to pass when Abram came to Egypt: It should have said, when they came to Egypt, but it teaches us that he hid her in a trunk, and when they demanded the customs duty, they opened it and saw her. [from Gen. Rabbah 40:5]
ויהי כבוא אברם מצרימה: היה לו לומר כבואם מצרימה, אלא למד שהטמין אותה בתיבה ועל ידי שתבעו את המכס פתחו וראו אותה:
15. And Pharaoh's princes saw her, and they praised her to Pharaoh, and the woman was taken to the house of Pharaoh. טו. וַיִּרְאוּ אֹתָהּ שָׂרֵי פַרְעֹה וַיְהַלֲלוּ אֹתָהּ אֶל פַּרְעֹה וַתֻּקַּח הָאִשָּׁה בֵּית פַּרְעֹה:
and they praised her to Pharaoh: They praised her among themselves, saying, “This [woman] is fit for the king.” - [from Targum Onkelos according to Ramban]
ויהללו אותה אל פרעה: הללוה ביניהם לומר הגונה זו למלך:
16. And he benefited Abram for her sake, and he had flocks and cattle and he donkeys and men servants and maid servants, and she donkeys and camels. טז. וּלְאַבְרָם הֵיטִיב בַּעֲבוּרָהּ וַיְהִי לוֹ צֹאן וּבָקָר וַחֲמֹרִים וַעֲבָדִים וּשְׁפָחֹת וַאֲתֹנֹת וּגְמַלִּים:
and he benefited Abram: Pharaoh [benefited him]for her sake. [from Targum Jonathan]
ולאברם היטיב: פרעה בעבורה [נתן לו מתנות]:
17. And the Lord plagued Pharaoh [with] great plagues as well as his household, on account of Sarai, Abram's wife. יז. וַיְנַגַּע יְהֹוָה | אֶת פַּרְעֹה נְגָעִים גְּדֹלִים וְאֶת בֵּיתוֹ עַל דְּבַר שָׂרַי אֵשֶׁת אַבְרָם:
And the Lord plagued Pharaoh…[with] great plagues: He was stricken with the plague of “ra’athan,” making intercourse harmful to him. Gen. Rabbah (41:2)
וינגע ה' וגו': במכת ראתן לקה, שהתשמיש קשה לו:
as well as his household: lit. and his house. As the states: and upon the people of his house, (and its midrashic interpretation (Tan. Lech Lecha 8) is that this includes its walls, pillars, and utensils. In an old Rashi).
ואת ביתו: כתרגומו ועל אנש ביתיה (ומדרשו לרבות כותליו ועמודיו וכליו):
on account of Sarai: [The words עַל דְבַר שָׂרַי mean literally] according to her words: she would say to the angel, “Strike,” and he would strike. [from Tan. Lech Lecha 5]
על דבר שרי: על פי דבורה, אומרת למלאך הך והוא מכה:
18. And Pharaoh summoned Abram, and he said, "What is this that you have done to me? Why did you not tell me that she was your wife? יח. וַיִּקְרָא פַרְעֹה לְאַבְרָם וַיֹּאמֶר מַה זֹּאת עָשִׂיתָ לִּי לָמָּה לֹא הִגַּדְתָּ לִּי כִּי אִשְׁתְּךָ הִוא:
19. Why did you say, 'She is my sister,' so that I took her to myself for a wife? And now, here is your wife; take [her] and go." יט. לָמָה אָמַרְתָּ אֲחֹתִי הִוא וָאֶקַּח אֹתָהּ לִי לְאִשָּׁה וְעַתָּה הִנֵּה אִשְׁתְּךָ קַח וָלֵךְ:
take [her] and go: Not like Abimelech, who said to him (below 20:15): “Here is my land before you.” But he [Pharaoh] said to him, “Go and do not stay, because the Egyptians are lascivious,” as it is said (Ezek. 23:20):“and whose issue is the issue of horses.” - [from Tan. Lech Lecha]
קח ולך: לא כאבימלך שאמר לו (כ טו) הנה ארצי לפניך, אלא אמר לו לך ואל תעמוד, שהמצרים שטופי זמה הם, שנאמר (יחזקאל כג כ) וזרמת סוסים זרמתם:
20. And Pharaoh commanded men on his behalf, and they escorted him and his wife and all that was his. כ. וַיְצַו עָלָיו פַּרְעֹה אֲנָשִׁים וַיְשַׁלְּחוּ אֹתוֹ וְאֶת אִשְׁתּוֹ וְאֶת כָּל אֲשֶׁר לוֹ:
And Pharaoh commanded men on his behalf: on his account, to escort him and to guard him.
ויצו עליו: על אודותיו לשלחו ולשמרו:
and they escorted him: Heb. וַיְשַׁלְּחוּ, to be explained according to the Targum: and they escorted him.
וישלחו: כתרגומו ואלויאו:
Chapter 13
1. And Abram came up from Egypt, he and his wife and all that was his, and Lot with him, to the south. א. וַיַּעַל אַבְרָם מִמִּצְרַיִם הוּא וְאִשְׁתּוֹ וְכָל אֲשֶׁר לוֹ וְלוֹט עִמּוֹ הַנֶּגְבָּה:
And Abram came up, etc., to the south: To come to the south of the Land of Israel, as Scripture stated above (12:9): continually traveling southward to Mount Moriah. And in every case when one goes from Egypt to the land of Canaan, he goes from south to north, for the land of Egypt is south of the Land of Israel, as is evidenced by the travels [of the Jews in the desert] and by the boundaries of the Land.
ויעל אברם וגו' הנגבה: לבא לדרומה של ארץ ישראל כמו שאמור למעלה (פסוק ט) הלוך ונסוע הנגבה, להר המוריה, ומכל מקום כשהוא הולך ממצרים לארץ כנען מדרום לצפון הוא מהלך, שארץ מצרים בדרומה של ארץ ישראל, כמו שמוכיח במסעות ובגבולי הארץ:
2. And Abram was very heavy with cattle, with silver, and with gold. ב. וְאַבְרָם כָּבֵד מְאֹד בַּמִּקְנֶה בַּכֶּסֶף וּבַזָּהָב:
very heavy: laden with burdens.
כבד מאד: טעון משאות:
3. And he went on his journeys, from the south and until Beth el, until the place where his tent had been previously, between Beth el and between Ai. ג. וַיֵּלֶךְ לְמַסָּעָיו מִנֶּגֶב וְעַד בֵּית אֵל עַד הַמָּקוֹם אֲשֶׁר הָיָה שָׁם אָהֳלֹה בַּתְּחִלָּה בֵּין בֵּית אֵל וּבֵין הָעָי:
And he went on his journeys: When he returned from Egypt to the land of Canaan, he went and lodged in the inns where he had lodged on his way to Egypt. This teaches you etiquette, that a person should not change his lodgings (Arachin 16b). Another explanation (Gen. Rabbah 41: 3): On his return, he paid his debts.
וילך למסעיו: כשחזר ממצרים לארץ כנען היה הולך ולן באכסניות שלן בהם בהליכתו למצרים. למדך דרך ארץ שלא ישנה אדם מאכסניא שלו. דבר אחר בחזרתו פרע הקפותיו:
from the south: The land of Egypt is south of the land of Canaan.
מנגב: ארץ מצרים בדרומה של ארץ כנען:
4. To the place of the altar that he had made at first, and Abram called there in the name of the Lord. ד. אֶל מְקוֹם הַמִּזְבֵּחַ אֲשֶׁר עָשָׂה שָׁם בָּרִאשֹׁנָה וַיִּקְרָא שָׁם אַבְרָם בְּשֵׁם יְהֹוָה:
that he had made at first, and Abram called there: And where Abram had called in the name of the Lord. We may also say that it means: and now he called there in the name of the Lord.
אשר עשה שם בראשנה ויקרא שם: ואשר קרא שם אברם בשם ה'. וגם יש לומר ויקרא שם עכשיו בשם ה':
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Daily Tehillim: Psalms Chapters 18 - 22
• Chapter 18
If one merits a public miracle, he should offer a song to God, including in his song all the miracles that have occurred since the day the world was created, as well as the good that God wrought for Israel at the giving of the Torah. And he should say: "He Who has performed these miracles, may He do with me likewise."
1. For the Conductor. By the servant of the Lord, by David, who chanted the words of this song to the Lord on the day the Lord delivered him from the hand of all his enemies, and from the hand of Saul.
2. He said, "I love You, Lord, my strength.
3. The Lord is my rock, my fortress, and my rescuer. My God is my strength in Whom I take shelter, my shield, the horn of my salvation, my stronghold.
4. With praises I call upon the Lord, and I am saved from my enemies.
5. For the pangs of death surrounded me, and torrents of evil people terrified me.
6. Pangs of the grave encompassed me; snares of death confronted me.
7. In my distress I called upon the Lord, I cried out to my God; and from His Sanctuary He heard my voice, and my supplication before Him reached His ears.
8. The earth trembled and quaked; the foundations of the mountains shook-they trembled when His wrath flared.
9. Smoke rose in His nostrils, devouring fire blazed from His mouth, and burning coals flamed forth from Him.
10. He inclined the heavens and descended, a thick cloud was beneath His feet.
11. He rode on a cherub and flew; He soared on the wings of the wind.
12. He made darkness His concealment, His surroundings His shelter-of the dense clouds with their dark waters.
13. Out of the brightness before Him, His clouds passed over, with hailstones and fiery coals.
14. The Lord thundered in heaven, the Most High gave forth His voice-hailstones and fiery coals.
15. He sent forth His arrows and scattered them; many lightnings, and confounded them.
16. The channels of water became visible, the foundations of the world were exposed-at Your rebuke, O Lord, at the blast of the breath of Your nostrils.
17. He sent from heaven and took me; He brought me out of surging waters.
18. He rescued me from my fierce enemy, and from my foes when they had become too strong for me.
19. They confronted me on the day of my misfortune, but the Lord was my support.
20. He brought me into spaciousness; He delivered me because He desires me.
21. The Lord rewar-ded me in accordance with my righteousness; He repaid me according to the cleanliness of my hands.
22. For I have kept the ways of the Lord, and have not transgressed against my God;
23. for all His laws are before me, I have not removed His statutes from me.
24. I was perfect with Him, and have guarded myself from sin.
25. The Lord repaid me in accordance with my righteousness, according to the cleanliness of my hands before His eyes.
26. With the kindhearted You act kindly, with the upright man You act uprightly.
27. With the pure You act purely, but with the crooked You act cun- ningly.
28. For the destitute nation You save, but haughty eyes You humble.
29. Indeed, You light my lamp; the Lord, my God, illuminates my darkness.
30. For with You I run against a troop; with my God I scale a wall.
31. The way of God is perfect; the word of the Lord is pure; He is a shield to all who take refuge in Him.
32. For who is God except the Lord, and who is a rock except our God!
33. The God Who girds me with strength, and makes my path perfect.
34. He makes my feet like deers', and stands me firmly on my high places.
35. He trains my hands for battle, my arms to bend a bow of bronze.
36. You have given me the shield of Your deliverance, Your right hand upheld me; Your humility made me great.
37. You have widened my steps beneath me, and my knees have not faltered.
38. I pursued my enemies and overtook them; I did not turn back until I destroyed them.
39. I crushed them so that they were unable to rise; they are fallen beneath my feet.
40. You have girded me with strength for battle; You have subdued my adversaries beneath me.
41. You have made my enemies turn their backs to me, and my foes I cut down.
42. They cried out, but there was none to deliver them; to the Lord, but He did not answer them.
43. I ground them as the dust before the wind, I poured them out like the mud in the streets.
44. You have rescued me from the quarrelsome ones of the people, You have made me the head of nations; a nation I did not know became subservient to me.
45. As soon as they hear of me they obey me; strangers deny to me [their disloyalty].
46. Strangers wither away, they are terrified in their strongholds.
47. The Lord lives; blessed is my Rock; exalted is the God of my deliverance.
48. You are the God Who executes retribution for me, and subjugates nations under me.
49. Who rescues me from my enemies, Who exalts me above my adversaries, Who delivers me from the man of violence.
50. Therefore I will laud You, Lord, among the nations, and sing to Your Name.
51. He grants His king great salvations, and bestows kindness upon His anointed, to David and his descendants forever."
Chapter 19
To behold God's might one should look to the heavens, to the sun, and to the Torah, from which awesome miracles and wonders can be perceived--wonders that lead the creations to tell of God's glory.
1. For the Conductor, a psalm by David.
2. The heavens recount the glory of the Almighty; the sky proclaims His handiwork.
3. Day to day speech streams forth; night to night expresses knowledge.
4. There is no utterance, there are no words; their voice is inaudible.
5. Their arc extends throughout the world; their message to the end of the earth. He set in them [the heavens] a tent for the sun,
6. which is like a groom coming forth from his bridal canopy, like a strong man rejoicing to run the course.
7. Its rising is at one end of the heavens, and its orbit encompasses the other ends; nothing is hidden from its heat.
8. The Torah of the Lord is perfect, restoring the soul; the testimony of the Lord is trustworthy, making wise the simpleton.
9. The precepts of the Lord are just, rejoicing the heart; the command of the Lord is clear, enlightening the eyes.
10. The fear of the Lord is pure, abiding forever; the judgments of the Lord are true, they are all righteous together.
11. They are more desirable than gold, than much fine gold; sweeter than honey or the drippings of honeycomb.
12. Indeed, Your servant is scrupulous with them; in observing them there is abundant reward.
13. Yet who can discern inadvertent wrongs? Purge me of hidden sins.
14. Also hold back Your servant from willful sins; let them not prevail over me; then I will be unblemished and keep myself clean of gross transgression.
15. May the words of my mouth and the meditation of my heart be acceptable before You, Lord, my Strength and my Redeemer.
Chapter 20
If a loved one or relative is suffering-even in a distant place, where one is unable to help-offer this prayer on their behalf.
1. For the Conductor, a psalm by David.
2. May the Lord answer you on the day of distress; may the Name of the God of Jacob fortify you.
3. May He send your help from the Sanctuary, and support you from Zion.
4. May He remember all your offerings, and always accept favorably your sacrifices.
5. May He grant you your heart's desire, and fulfill your every counsel.
6. We will rejoice in your deliverance, and raise our banners in the name of our God; may the Lord fulfill all your wishes.
7. Now I know that the Lord has delivered His anointed one, answering him from His holy heavens with the mighty saving power of His right hand.
8. Some [rely] upon chariots and some upon horses, but we [rely upon and] invoke the Name of the Lord our God.
9. They bend and fall, but we rise and stand firm.
10. Lord, deliver us; may the King answer us on the day we call.
One who is endowed with prosperity, and whose every desire is granted, ought not be ungrateful. He should praise and thank God, recognize Him as the cause of his prosperity, and trust in Him. For everything comes from the kindness of the One Above.
1. For the Conductor, a psalm by David.
2. The king rejoices in Your strength, Lord; how greatly he exults in Your deliverance!
3. You have given him his heart's desire, and You have never withheld the utterance of his lips.
4. You preceded him with blessings of good; You placed a crown of pure gold on his head.
5. He asked of You life, You gave it to him-long life, forever and ever.
6. His glory is great in Your deliverance; You have placed majesty and splendor upon him.
7. For You make him a blessing forever; You gladden him with the joy of Your countenance.
8. For the king trusts in the Lord, and in the kindness of the Most High-that he will not falter.
9. Your hand will suffice for all Your enemies; Your right hand will find those who hate You.
10. You will make them as a fiery furnace at the time of Your anger. May the Lord consume them in His wrath; let a fire devour them.
11. Destroy their offspring from the earth, their descendants from mankind.
12. For they intended evil against You, they devised evil plans which they cannot execute.
13. For You will set them as a portion apart; with Your bowstring You will aim at their faces.
14. Be exalted, O Lord, in Your strength; we will sing and chant the praise of Your might.
Chapter 22
Every person should pray in agony over the length of the exile, and our fall from prestige to lowliness. One should also take vows (for self-improvement) in his distress.
1. For the Conductor, on the ayelet hashachar, a psalm by David.
2. My God, my God, why have You forsaken me! So far from saving me, from the words of my outcry?
3. My God, I call out by day, and You do not answer; at night-but there is no respite for me.
4. Yet You, Holy One, are enthroned upon the praises of Israel.
5. In You our fathers trusted; they trusted and You saved them.
6. They cried to You and were rescued; they trusted in You and were not shamed.
7. And I am a worm and not a man; scorn of men, contempt of nations.
8. All who see me mock me; they open their lips, they shake their heads.
9. But one that casts [his burden] upon the Lord-He will save him; He will rescue him, for He desires him.
10. For You took me out of the womb, and made me secure on my mother's breasts.
11. I have been thrown upon You from birth; from my mother's womb You have been my God.
12. Be not distant from me, for trouble is near, for there is none to help.
13. Many bulls surround me, the mighty bulls of Bashan encircle me.
14. They open their mouths against me, like a lion that ravages and roars.
15. I am poured out like water, all my bones are disjointed; my heart has become like wax, melted within my innards.
16. My strength is dried up like a potsherd, and my tongue cleaves to my palate; You set me in the dust of death.
17. For dogs surround me, a pack of evildoers enclose me; my hands and feet are like a lion's prey.
18. I count all my limbs, while they watch and gloat over me.
19. They divide my garments amongst them; they cast lots upon my clothing.
20. But You, Lord, do not be distant; my Strength, hurry to my aid!
21. Save my life from the sword, my soul from the grip of dogs.
22. Save me from the lion's mouth, as You have answered me from the horns of wild beasts.
23. I will recount [the praises of] Your Name to my brothers; I will extol You amidst the congregation.
24. You that fear the Lord, praise Him! Glorify Him, all you progeny of Jacob! Stand in awe of Him, all you progeny of Israel!
25. For He has not despised nor abhorred the entreaty of the poor, nor has He concealed His face from him; rather He heard when he cried to Him.
26. My praise comes from You, in the great congregation; I will pay my vows before those that fear Him.
27. Let the humble eat and be satisfied; let those who seek the Lord praise Him-may your hearts live forever!
28. All the ends of the earth will remember and return to the Lord; all families of nations will bow down before You.
29. For sovereignty is the Lord's, and He rules over the nations.
30. All the fat ones of the earth will eat and bow down, all who descend to the dust shall kneel before Him, but He will not revive their soul.
31. The progeny of those who serve Him will tell of the Lord to the latter generations.
32. They will come and relate His righteousness-all that He has done-to a newborn nation.
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Tanya: Iggeret HaKodesh, end of Epistle 25
• Lessons in Tanya
• Today's Tanya Lesson
Monday, 3 Cheshvan 5775 • 27 October 2014
Iggeret HaKodesh, end of Epistle 25
וכמדומה לי שתפיסתם אינה מצד דקדוק הלשון
It would seem to me, says the Alter Rebbe, alluding to the opponents of Chassidism who had taken issue with the above-discussed passage from Tzavaat HaRivash, that their seizing [upon this passage] was not prompted by the particular term used (viz., “dwelling”),
אלא מעיקר ענין התלבשות השכינה בקליפות
but by the very notion that the Shechinah can be invested in the kelipot.
שאין להם אמונה במה שכתב האריז״ל בספר הגלגולים
For they do not believe what R. Isaac Luria, of blessed memory, wrote concerning this in Sefer HaGilgulim (ch. 2).
שאם ירצו לחלק בין קליפות הרוחניים, לעובדי גילולים גשמיים
Should they seek to distinguish between the spiritual kelipot and physical idolaters, contending that the AriZal is speaking only of the spiritual kelipot, as distinct from a corporeal heathen, —
אין לך גשמי כעפר הארץ
there is nothing more physical than the dust of the earth;
ואף על פי כן, מתלבשת בו מלכות דמלכות דעשיה, ובתוכה מלכות דיצירה כו׳, וכנ״ל
nevertheless, as is stated in the Kabbalah, [the Sefirah of] Malchut of Malchut of [the World of] Asiyah vests itself in it, and within that in turn is vested [the Sefirah of] Malchut of [the World of] Yetzirah, and so on, with [the Sefirah of] Malchut of [the World of] Beriah and [the Sefirah of] Malchut of [the World of] Atzilut, as mentioned above.
ואם משום טומאת נפשות הנכרי
And should it be [difficult for them to conceive that the Shechinah vests itself in the gentile] because of the impurity of the souls of the gentile, —
הרי נפשותיהם מזיווג זעיר אנפין ונוקבא דקליפות הרוחניים, כמו שכתוב בכתבי האריז״ל
the souls [of the gentiles] derive from the union of the masculine and feminine elements (zivug zu’n, the union of Z’eir Anpin and Malchut) of the spiritual kelipot, as stated in the writings of R. Isaac Luria, of blessed memory.
נמצא שהרוחניים מקור טומאתם
Thus, the sources of their impurity are the spiritual kelipot, in which all agree that the Shechinah can vest itself. Why not, then, in the souls of the gentiles?
אך באמת צריך ביאור רחב, איך הוא התלבשות זו
But in truth, the manner of this investiture — both in the spiritual and in the physical realm — requires extensive elucidation.
אבל לא עלינו תלונתם, כי על כתבי האריז״ל
In fact their complaint should not be addressed to us, the revealers of Chassidism — the Baal Shem Tov, the Maggid of Mezritch and the Alter Rebbe himself, but to the writings of R. Isaac Luria, of blessed memory, in which it is stated that the Shechinah does indeed vest itself within kelipot.
ואל יחשדני שומע שאני בעיני שהבנתי דברי האריז״ל, להפשיטן מגשמיותן
And let no listener suspect that I imagine that I have understood the words of R. Isaac Luria, of blessed memory, divesting them from their physical connotation,
כי לא באתי רק לפרש דברי הבעל שם טוב ז״ל ותלמידיו, על פי קבלת האריז״ל
for I have set out only to explain the words of the Baal Shem Tov, of blessed memory, and of his disciples, according to the Kabbalah of R. Isaac Luria, of blessed memory.
בשגם שענין זה
This is especially so, since this concept, G‑d’s presence in even the humblest of places,
אינו מחכמת הקבלה ומהנסתרות לה׳ אלקינו
is not a teaching of the Kabbalah, nor is it one of1 “the secrets [that] are unto the L‑rd our G‑d,”
כי אם מהנגלות לנו ולבנינו, להאמין אמונה שלימה במקרא מלא שדבר הכתוב: הלא את השמים ואת הארץ אני מלא, נאם ה׳
but rather one of2 “the things revealed unto us and unto our children” — to believe in perfect faith in the explicit statement of Scripture,3 “‘Do I not fill the heavens and the earth?’ says G‑d.”
שאין מקרא יוצא מידי פשוטו
And4 “Scripture does not depart from its plain meaning”: G‑d does indeed fill all space, both material and spiritual.
וגם היא אמונה פשוטה בסתם כללות ישראל, ומסורה בידם מאבותיהם הקדושים, שהלכו בתמימות עם ה׳
Moreover, it is a simple article of faith among Jews in general, handed down to them by their saintly ancestors, who walked artlessly with G‑d,
בלי לחקור בשכל אנושי ענין האלקות, אשר הוא למעלה מהשכל עד אין קץ, לידע איך הוא מלא כל הארץ
without searching the concept of Divinity by means of mortal intellect; for it is infinitely beyond the intellect to know (intellectually) how He fills the world.
רק שחדשים מקרוב באו, לחקור בחקירה זו
But new ones have recently come to rationally examine this question,
ואי אפשר לקרב להם אל השכל, אלא דוקא על פי הקדמות לקוחות מכתבי האריז״ל, מופשטות מגשמיותן
and it is impossible to bring it within reach of their reason except by means of premises borrowed from the writings of R. Isaac Luria, of blessed memory, divested from their physical connotation,
וכפי ששמעתי מרבותי, נשמותיהם עדן
and according to what I heard from my masters,the Baal Shem Tov and the Maggid of Mezritch, may their souls rest in Eden.
אך אי אפשר לבאר זה היטב במכתב, כי אם מפה לאזן שומעת, ליחידי סגולה ולשרידים אשר ה׳ קורא
However, it is impossible to explain this clearly in writing, only orally to an ear that hears [and understands], to uniquely qualified individuals, and to5 “the remnants whom G‑d calls,”
כדכתיב: ומבקשי ה׳ יבינו כל
as it is written,6 “And they who seek G‑d will understand all.”
ומכלל הן, אתה שומע כו׳
And7 “from the affirmative you may infer [the negative]” — that those who do not seek G‑d are incapable of perceiving the knowledge of Him as revealed in the inner dimension of the Torah, and particularly, in a truly comprehensible manner, in the teachings of Chassidism.
* * *
הנה אתם ראיתם פירוש מאמר אחד מספרים הידועים
You have now seen, writes the Alter Rebbe to the opponents of Chassidism, an explanation of a single passage from [its] well-known books,
לדוגמא ולאות כי גם כל המאמרים התמוהים, יש להם פירוש וביאור היטב ליודעי חכמה נסתרה
as a sample and token that likewise all the problematic passages about which objections have been raised have an explanation and meaningfulness for those familiar with the “Hidden Wisdom” (i.e., the Kabbalah).
אך לא יקוו מעלתם אלי לבאר להם הכל במכתב, כי היא מלאכה כבדה ומרובה, ואי אפשר בשום אופן
However, let my esteemed [readers] not hope that I will explain everything in writing, for that is a hard and extensive labor, and indeed, absolutely impossible.
רק אם תרצו, שלחו מכם אחד ומיוחד שבעדה
But if you so desire, send [here] from amongst you an outstandingly appropriate individual from your community,8
ופנים אל פנים אדבר בו, אם ירצה ה׳
and, G‑d willing, I will talk to him face to face.
וה׳ יהיה עם פי בהטיפי, ויהיו לרצון אמרי פי
And may G‑d be with my mouth as I speak, and9 “may the words of my mouth find favor.”
FOOTNOTES
1. Cf. Devarim 29:28.
2. Cf. Devarim 29:28.
3. Yirmeyahu 23:24.
4. Shabbat 63a.
5. Yoel 3:5.
6. Mishlei 28:5.
7. Cf. Sifri, Parshas Eikev 11:19.
8. Cf. Sanhedrin 13b.
9. Tehillim 19:15.
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Rambam:
Daily Mitzvah N267, N268 Sefer Hamitzvot
Today's Mitzvah
Monday, 3 Cheshvan 5775 • 27 October 2014
Daily Mitzvah N267, N268 Sefer Hamitzvot
Today's Mitzvah
Monday, 3 Cheshvan 5775 • 27 October 2014
Negative Commandment 267
A Worker Eating from the Employer's Crops while Working
"You shall not waive a sickle to your neighbor's standing grain"—Deuteronomy 23:26.
[Though a worker may eat from the produce on which he is working (see Positive Commandment 201), this is subject to two rules: 1) If he is working on produce that is still attached to the ground, he may only eat from it after he has finished his work with that produce (e.g., once he has filled a basket with grapes that he is harvesting, he may eat of the grapes in there). 2) If he is working with already harvested produce, he may eat of the produce as long as he hasn't completely finished his work on the produce.]
It is forbidden for a worker to eat of produce he is working on [if it doesn't meet the two criteria established above, and it is also forbidden for him to take a break in order to eat from the produce, rather he must eat as he works].
A Worker Eating from the Employer's Crops while Working
Negative Commandment 267
Translated by Berel Bell
The 267th prohibition is that a hired worker — who is working with produce attached to the ground — is forbidden from eating from the produce as he works.1
The source of this prohibition is G‑d's statement2 (exalted be He), "[When you come (to work) in your neighbor's standing grain, you may take the ears with your hand.] However, you may not lift the sickle in your neighbor's grain."
Our Sages explained:3 "The word 'sickle' includes anyone holding a sickle and the time the sickle is used." This means that during the harvest, one is not allowed to harvest for oneself.
It is well known that this verse speaks only about a hired worker; the phrase "when you come" referring to the arrival of the worker, as indicated in the Targum, "when you are hired."
Our Sages said in the 7th chapter of Bava Metzia,4 "One who works with produce still attached to the ground is allowed by Torah law to eat upon conclusion of the work."5 The details of the mitzvah are explained there.
FOOTNOTES
1.Unless the work is already finished. See P201.
2.Deut. 23:26.
3.Sifri, ibid.
4.Mishneh 2.
5.From this statement we see that at any other time, eating the produce is forbidden by Torah law.
A Worker Eating More than Allowed from his Employer's Crops
"You may eat your fill of grapes at your desire; but you shall not put in your container"—Deuteronomy 23:25.
[Though a worker may eat from the produce on which he is working (see Positive Commandment 201)], he may not take more than he eats while working [to bring home to eat later].
A Worker Eating More than Allowed from his Employer's Crops
Negative Commandment 268
Translated by Berel Bell
The 268th prohibition is that a hired worker is forbidden from taking from the produce he is working with, more than he needs for his meal.
The source of this prohibition is G‑d's statement1 (exalted be He), "You may eat as many grapes as you desire to satisfy your hunger. However, you may not put any into your vessel."
The details of this mitzvah are explained in the 7th chapter of tractate Bava Metzia. There it is explained what one may eat, and what you may not eat, and that if you eat, you transgresses the prohibition, "You may not put any into your vessel."
FOOTNOTES
1.Ibid., 23:25.
A Worker Eating from the Employer's Crops while Working
"You shall not waive a sickle to your neighbor's standing grain"—Deuteronomy 23:26.
[Though a worker may eat from the produce on which he is working (see Positive Commandment 201), this is subject to two rules: 1) If he is working on produce that is still attached to the ground, he may only eat from it after he has finished his work with that produce (e.g., once he has filled a basket with grapes that he is harvesting, he may eat of the grapes in there). 2) If he is working with already harvested produce, he may eat of the produce as long as he hasn't completely finished his work on the produce.]
It is forbidden for a worker to eat of produce he is working on [if it doesn't meet the two criteria established above, and it is also forbidden for him to take a break in order to eat from the produce, rather he must eat as he works].
A Worker Eating from the Employer's Crops while Working
Negative Commandment 267
Translated by Berel Bell
The 267th prohibition is that a hired worker — who is working with produce attached to the ground — is forbidden from eating from the produce as he works.1
The source of this prohibition is G‑d's statement2 (exalted be He), "[When you come (to work) in your neighbor's standing grain, you may take the ears with your hand.] However, you may not lift the sickle in your neighbor's grain."
Our Sages explained:3 "The word 'sickle' includes anyone holding a sickle and the time the sickle is used." This means that during the harvest, one is not allowed to harvest for oneself.
It is well known that this verse speaks only about a hired worker; the phrase "when you come" referring to the arrival of the worker, as indicated in the Targum, "when you are hired."
Our Sages said in the 7th chapter of Bava Metzia,4 "One who works with produce still attached to the ground is allowed by Torah law to eat upon conclusion of the work."5 The details of the mitzvah are explained there.
FOOTNOTES
1.Unless the work is already finished. See P201.
2.Deut. 23:26.
3.Sifri, ibid.
4.Mishneh 2.
5.From this statement we see that at any other time, eating the produce is forbidden by Torah law.
________________________________________
Negative Commandment 268A Worker Eating More than Allowed from his Employer's Crops
"You may eat your fill of grapes at your desire; but you shall not put in your container"—Deuteronomy 23:25.
[Though a worker may eat from the produce on which he is working (see Positive Commandment 201)], he may not take more than he eats while working [to bring home to eat later].
A Worker Eating More than Allowed from his Employer's Crops
Negative Commandment 268
Translated by Berel Bell
The 268th prohibition is that a hired worker is forbidden from taking from the produce he is working with, more than he needs for his meal.
The source of this prohibition is G‑d's statement1 (exalted be He), "You may eat as many grapes as you desire to satisfy your hunger. However, you may not put any into your vessel."
The details of this mitzvah are explained in the 7th chapter of tractate Bava Metzia. There it is explained what one may eat, and what you may not eat, and that if you eat, you transgresses the prohibition, "You may not put any into your vessel."
FOOTNOTES
1.Ibid., 23:25.
________________________________________
Rambam:
• 1 Chapter a Day: Edut Edut - Chapter 7Edut - Chapter 7
Halacha 1
A relative may give testimony with regard to his relative's signature.
What is implied? There was a legal document which Reuven and Shimon signed as witnesses. They died or traveled overseas. Reuven's son came and testified: "This is my father's signature," and Shimon's son came and testified: "This is my father's signature," it is as if they are two acceptable witnesses who are not related to the witnesses who have signed. If a third witness joins together with them and testifies with regard to the two signatures, the authenticity of the legal document is validated.
Halacha 2
The statements of the following individuals are acceptable when, as adults, they testify with regard to what they observed as minors. A person's words is accepted when, as an adult, he states: "This is the signature of my father....", "This is the signature of my teacher...", "This is the signature of my brother which I learned to recognize when I was a minor."
The above applies, provided he is joined by another person who learned to recognize these signatures while an adult.
Halacha 3
When there is a legal document on which Reuven and Shimon signed as witnesses and two others came and testified to the authenticity of the signatures of both Reuven and Shimon, the legal document is validated. If, however, one testified to the authenticity of Reuven's signature and the other testified to the authenticity of Shimon's signature, the document is not validated. The rationale is that two witnesses must testify with regard to both witnesses' signature. If there is a third witness who testifies with regard to the authenticity of both Reuven's and Shimon's signature, the document is validated.
Halacha 4
When one witness says: "This is my signature," and he and another witness testify with regard to the signature of the other witness, the document is not validated, for three fourths of the money mentioned in the legal document is dependent on the testimony of one person. Similarly, if the son or the brother of the first witness testifies with another person with regard to the signature of the second witness, the document is not validated, because three fourths of the money is dependent on the testimony of relatives.
Halacha 5
When two witnesses sign a legal document and one of them dies, it is necessary that two witnesses testify with regard to the authenticity of the witness who died. If there is only one other witness who recognizes his signature in addition to the witness who is alive, the latter should write his signature, even on a shard, in the presence of two witnesses and send it to the court so that his signature will be validated. In that instance, it is not necessary for him to declare that it is his signature. Accordingly, he and another person can testify with regard to the signature of the deceased person so that his signature will be validated even though he is not present.
Halacha 6
The following principles apply if three judges sit together to validate the authenticity of a legal document, two of them recognize the signatures of the witnesses and one of them does not. Before the judges sign the validation, the two witnesses who recognize the signatures may deliver testimony before the third judge. Then they may sign the validation, for witnesses may serve as judges in a matter that is a Rabbinic ordinance, as we explained.
If the two witnesses who recognize the signatures sign the validation before testifying, they may not testify in the presence of the third judge and have him sign. For at the time they signed, only those two recognized the signature of the witnesses. A legal document may be validated only when all three judges recognize the signatures or witnesses deliver testimony on the signatures before each one of them.
Halacha 7
The following law applies when the two witnesses who signed on a legal document died and two others came and testified, saying: "This is their signature, but they signed under duress," "...they were minors," or "...they were unacceptable as witnesses." Even though there were other witnesses who testify with regard to their signatures or their signatures could be recognized from another legal document concerning which a protest was raised and afterwards, it was validated by the court, the legal document is not validated. Instead, the two witnesses who signed the document are balanced against the two who testified that they were unacceptable as witnesses, and the legal document may not be used to expropriate money.
____________________________
Rambam:
• 3 Chapters a Day: Sechirut Sechirut - Chapter 10, Sechirut Sechirut - Chapter 11, Sechirut Sechirut - Chapter 12
Sechirut - Chapter 10
Halacha 1
The following rules apply when a person gives a loan to a colleague and takes security in return. He is considered to be a paid watchman. This applies regardless of whether he lent him money or lent him produce, and regardless of whether he took the security at the time when he gave him the loan or afterwards.
Accordingly, if the security is lost or stolen, he is responsible for its value. If the security was lost because of causes beyond the lender's control -e.g., it was taken by armed thieves or the like - the lender must take an oath that it was lost due to forces beyond his control, and the owner of the security must repay his debt until the last p'rutah.
Halacha 2
Whenever a person tells a colleague: "Watch my article for me and I will watch your article for you," it is considered as if the owner was employed by the watchman.
If, however, he tells his colleague: "Watch an article for me today, and I will watch an article for you tomorrow," "Lend an article to me today and I will lend an article to you tomorrow," "Watch an article for me today, and I will lend an article to you tomorrow," or "Lend an article to me today and I will watch an article for you tomorrow," they are each considered to be paid watchman for the other.
Halacha 3
All craftsmen are considered to be paid watchman. Whenever a craftsman says: "Take your article and pay for it," or "I have completed it," and the owner does not take the article, the craftsman is considered to be an unpaid watchman from that time onward.
If, however, the craftsman says: "Bring money and take your article," he is considered a paid watchman as before.
Halacha 4
If a person gives an article to a craftsman to fix and the craftsman ruins it, the craftsman is liable to make restitution.
What is implied? If a person gives a carpenter a chest, a box or a closet to place a nail into, and he breaks the article he must make restitution. Similarly, if a person gives a carpenter the wood to make a chest, a box or a closet, and he breaks them after he completes making them, the carpenter must pay the employer for a chest, a box or a closet. The rationale is that the craftsman does not acquire a share in the increase in the value of the article.
If a person gives a craftsman wool to dye, and the vat in which he dyes it boils until the water evaporates, thus destroying the wool, the dyer must reimburse the owner for his wool.
The following rules apply in the ensuing situations: The dyer dyed the wool unattractively, the owner asked him to dye it red and he dyed it black, he asked him to dye it black and he dyed it red, or he gave wood to a carpenter to make an attractive chair, and he made a poor chair or a bench. In all these instances, if the increase in the value of the article exceeds the cost,' all the owner of the article is required to pay is the cost. If the cost exceeds the increase in the value of the article, all the owner of the article is required to pay is the increase in the value of the article.
If the owner of the article says: "I do not desire this dispensation. I would prefer that he give me the value of the wool or the value of the wood," we do not heed his request. Conversely, if the craftsman says: "Here is the cost of your wool or your wood, depart," he is not heeded. The rationale is that the craftsman does not acquire a share in the increase in the value of the article.
Halacha 5
When a person brings raw materials to a professional and he ruins them, the professional is liable to reimburse the owner for their value, for he is like a paid watchman. For example, a person gave wheat to a miller to grind and he did not soak it. Hence the flour came out as bran or coarse flour. A person gave flour to a baker and he made bread that crumbles, or a person brought an animal to a slaughterer and he slaughtered it unacceptably. They are all liable to make restitution.
Therefore, if an expert slaughterer ? slaughters an animal without charge and he caused it to be unacceptable, he is not liable to make restitution. If he is not an expert, even if he works without charge, he is required to make restitution.
Similar rules apply when a person shows a coin to a money changer and he says that it is acceptable, and it is discovered to be unacceptable. If he charged for his services, he is obligated to pay even though he is an expert and does not require further training. If he did not charge, he is not liable, provided he is an expert and does not require further training. If he is not an expert, he must reimburse the questioner even when he does not charge for his services.
The above applies when the questioner tells the money changer: "I am relying upon you," or it is obvious from the situation that he is relying on his opinion and is not seeking another opinion.
When a ritual slaughterer slaughtered an animal without charge, but rendered it unfit, a money changer said that a coin was acceptable, and it was not, or in any similar situation, the person who caused the damage must supply proof that he is an expert. If he cannot supply proof, he is required to make restitution.
Halacha 6
The following rules apply in a place where it is customary for a person who plants trees to receive half of the increase in value, and for the owner of the land to receive half of the increase in value. If he planted trees in a portion of the land and increased the value, but planted other trees in another portion of the land and caused a loss, we calculate the half of the profit that is due the planter and deduct the entire loss he caused. He then receives the remainder. Even if he stipulated that if he causes a loss in a certain portion of the land, he will not receive any profit at all, his words are not heeded and only the loss he actually caused is deducted from his profits. The rationale is that this stipulation is an asmachta.
When the person who plants trees terminates his relationship with the owner before reaping the crop, he bears the responsibility for his actions. To illustrate this principle: The local custom is that the person who plants receives half of the profits and the owner of the land, the other half. A sharecropper receives a lesser share, one third of the crop. The person who planted the trees caused the land to increase in value and then wished to terminate his relationship with the owner, forcing the owner to employ a sharecropper. The owner of the land may employ a sharecropper. Even so, the owner of the land receives half of the profits; he does not suffer a loss.
The sharecropper receives a third and the remaining sixth is given to the person who planted the trees. Since he willingly terminated his relationship, he suffers the consequences.
Halacha 7
The following principle applies with regard to a person who plants trees on behalf of all the members of a city who caused a loss; similarly, a ritual slaughterer of a village who rendered an animal unacceptable for consumption, a blood-letter who caused an injury, a scribe who erred in composing a legal document, a teacher who was negligent with the children and did not teach them or taught them in error, or any other professional who made an error that cannot be corrected. They may be removed from their positions without warning, for the warning for them to perform their work carefully is self evident. They must faithfully apply themselves to their tasks, for they were appointed by the community to discharge this responsibility.
Sechirut - Chapter 11
Halacha 1
It is a positive commandment to pay a worker his wage on time, as Deuteronomy 24:15 states: "On the day it is due, pay him his wage." If an employer delays payment, he violates a negative commandment, as that verse continues: "Do not let the sun set without him receiving it." Lashes are not given for the violation of this prohibition, for he is liable to pay.
This principle applies to the wage of a person or the fee for hiring an animal or a utensil. In all these instances, one is obligated to make payment when due, and if one delays payment, one violates a negative commandment.
The obligation to pay a wage when due applies to a resident alien, but one does not transgress a negative commandment if one delays paying him.
Halacha 2
Whenever a person withholds the payment of a worker's wage, it is as if he takes his soul from him, as Deuteronomy 24:16 continues: "Because of it, he puts his life in his hand." He violates four admonitions and a positive commandment: He transgresses the commandments not to oppress a colleague, not to steal, not to hold overnight the wage of a worker and not to allow the sun to set before having paid him, and the positive commandment to pay him on time.
When are a worker's wages due? A person who is hired to work during the day should collect his wages at any time throughout the following night. With regard to him, Leviticus 19:13 states: "Do not hold the wage of a worker in your possession overnight until the morning."
A person who is hired to work during the night should collect his wages at any time throughout the following day. Concerning him, it is written: "On the day it is due, pay him his wage."
A person who is hired to work several hours during the day should collect his wage during the remainder of the day. A person who is hired to work several hours during the night, should collect his wage during the remainder of the night.
The following principles apply with regard to a person hired for a week, for a month, for a year or for a seven-year period. If he leaves his work during the day, he should collect his wage during the remainder of the day. If he leaves his work during the night, he should collect his wage during the remainder of the night.
Halacha 3
If a person gives his garment to a tailor, and the tailor completes it and notifies him, the owner does not transgress this commandment as long as the garment is in the possession of the tailor. This applies even if he delays paying him for ten days.
If the tailor returned it in the middle of the day, once the sun sets, the employer transgresses the commandment for holding the worker' s wage past its due date. For contracting work is governed by the same laws as hired labor, and the craftsman must be paid when his wage is
Halacha 4
The following rules apply when a person tells his agent: "Go out and hire workers for me," and the agent tells them: "The employer is responsible for your wages." They both do not transgress the prohibition against delaying payment of the worker's wages. The owner is not culpable, because he did not hire them, and the agent is not culpable, because he does not benefit from the workers' activity. If, however, the agent did not tell them: "The employer is responsible for your wages," the agent is considered to be transgressing the prohibition.
The employer does not transgress this prohibition unless the worker demanded payment and he did not give it to him. If, however, the worker did not demand payment or he demanded payment and the employer did not have the money to pay him, or he directed the worker to another person who accepted the responsibility of paying him, the employer is not culpable.
Halacha 5
When a person delays payment of a worker's wages until after they are due, he is liable to pay him immediately, although he has already violated the positive and the negative commandment mentioned above. Throughout the time he delays payment, he transgresses a Rabbinic commandment, as alluded to by Proverbs 3:28: "Do not tell your colleague, 'Go and return for tomorrow I will pay.'
Halacha 6
The following rules apply whenever a worker who was hired in the presence of witnesses demands payment from his employer at the appointed time, the owner claims to have paid the wage, and the worker claims not to have received it. Our Sages ordained that, while holding a sacred object, the worker should take an oath that he did not receive his wage. He may then collect it according to the laws governing all those who take oaths and then collect their due.
The rationale for this ruling is that the employer is busy managing his workers and the worker is pinning his soul on his wage. Even if the worker is a minor, the worker may take an oath and collect his wage.
Different rules apply when the employer hired the worker without witnesses observing. Since the employer could say: "Such a thing never happened; I never hired you," we accept his claim when he says: "I hired you, and I paid you." Hence, the employer must take a sh'vuat hesset if he denies owing anything to the worker or a Scriptural oath if he admits a portion of his claim, as applies in all other suits. If there is one witness who testifies that the worker was hired, it is of no consequence.
Similarly, if the worker demands payment after the day on which his wage is due, we follow the principle: "A person who wishes to expropriate money from a colleague must prove his claim." This applies even if there are witnesses that the employer hired him. If he does not prove his claim, the employer may support his claim with a sh'vuat hesset and be freed of liability. If the worker proves that he has been continually demanding payment, he may take an oath and collect his wage on the day on which he demands payment.
What is implied? The worker performed labor for the employer on Monday until the evening. The time he should be paid is Monday night. On Tuesday, he can no longer take an oath and collect his wage. If he brings witnesses who testify that he demanded his wage throughout Monday night, he may take an oath and collect his wage throughout the day on Tuesday, but from Tuesday night onward, we follow the principle: "A person who wishes to expropriate money from a colleague must prove his claim."
Similarly, if he has witnesses who testify that he had demanded his wage until Thursday, he may take an oath and collect his wage throughout the day on Thursday.
Halacha 7
The following rules apply when there is a difference between the employer and the worker with regard to the wage promised - e.g., the employer states "I promised you two zuz" and the worker states: "You promised me three."
In this instance, our Sages did not entitle the worker to support his claim with an oath. Instead, they applied the principle: "A person who wishes to expropriate money from a colleague must prove his claim," If the worker did not prove his claim, even though the employer already gave him the two zuz he admits owing him or says: "Here is your money," the employer must take an oath holding a sacred object. This oath was ordained by the Sages so that the worker will not depart with an unsatisfied soul.
When does the above apply? When the employer hired the worker in the presence of witnesses who did not know the wage they agreed on, and also when the worker demanded his wage on time. If, however, the employer hired the worker without this being observed by witnesses or the worker demanded payment after the time for payment passed, the employer is required to take only a sh'vuat hesset that he agreed to pay him no more than he already gave him or no more than he admits to owe him and told him that he was willing to pay, as is true with regard to all other claims.
Halacha 8
The following rules apply when a person gives a garment to a tailor to mend, and a difference of opinion arises concerning the payment due the tailor. The tailor says: "You promised me two zuz," and the owner says: "I promised to pay only one."
As long as the garment is in the possession of the tailor, and he would be able to claim that he purchased it, the tailor is given the opportunity of taking an oath while holding a sacred object and collecting the amount he claims. He may claim up to the amount of the article's worth as his wage. Once the garment has departed from his possession, or in a situation when we would not presume that he is the owner and he cannot claim that he purchased the garment, we follow the principle: "A person who wishes to expropriate money from a colleague must prove his claim." If he does not bring proof of his claim, the owner of the garment is required to take a sh'vuat hesset if he denies owing the tailor anything more than he paid him or a Scriptural oath if he admits a portion of the tailor's claim, as is the law with regard to other claims. Such a situation is not governed by the special leniencies granted with regard to the laws applying to a worker.
Halacha 9
When a worker comes to take an oath, we do not deal severely with him, nor is he required to take an oath with regard to other claims based on the principle of gilgul sh'vuah. Instead, he takes an oath that he did not receive payment and collects his due.
We are not lenient with any other people who come to take oaths, with the exception of a worker. In his case, we are lenient and invite him to take the oath, saying: "Do not cause yourself exasperation. Take the oath and collect your due."
Even when his wage is only a p'rutah, if the owner claims to have paid him already, he should collect it only after taking an oath. Similarly, whenever a person takes an oath and collects his due, even if the claim is only one p'rutah, he may not collect it unless he takes an oath resembling one required by Scriptural Law.
Sechirut - Chapter 12
Halacha 1
When workers are performing activities with produce that grows from the
earth,' but the work required for it has not been completed, and their actions bring the work to its completion, the employer is commanded to allow them to eat from the produce with which they are working. This applies whether they are working with produce that has been harvested or produce that is still attached to the ground.
This is derived from Deuteronomy 23:25, which states: "When you enter the vineyard of your colleague, you may eat grapes as you desire," and ibid.:26, which states: "When you enter the standing grain belonging to your colleague, you may break off stalks by hand." According to the Oral Tradition, we learned that these verses are speaking solely about a paid worker. For if the owner of the produce did not hire him, what right does the person have to enter his colleague's vineyard or standing grain without his permission? Instead, the interpretation of the verse is that when you enter the domain of your employer for work, you may eat.
Halacha 2
What are the differences in the application of this mitzvah between a person who performs work with produce that has been reaped and one who works with produce that is still attached to the ground? A person who performs work with produce that has been reaped may partake of the produce as long as the work necessary for it has not been completed. Once the work necessary for it has been completed, he may not eat. By contrast, a person who performs work with produce that is still attached to the ground - e.g., a harvester of grapes or a reaper of grain - may not partake of the produce until he has completed his work.
For example, a person harvests grapes and puts them into a large basket. When the basket is filled, it is taken away and emptied in another place. According to Scriptural Law, the worker may eat only when the basket has been filled. Nevertheless, in order to prevent the owner from suffering a loss, the Sages ruled that the workers may eat while they are walking from one row to another and while they are returning from the vat, so that they will not neglect their work to sit down and eat. Instead, they were granted permission to eat while they are performing their work, so that they will not neglect it.
Halacha 3
When a person neglects his work and eats or eats when he has not completed his work, he transgresses a negative commandment, as Deuteronomy 23:26 states: "You shall not lift a sickle against your colleague's standing grain."
According to the Oral Tradition, it is explained that as long as the worker is involved in reaping, he should not lift a sickle in order to partake of the produce himself. Similar laws apply in all analogous situations.
Similarly, a worker who carries home produce with which he had worked or who takes more than he can eat himself and gives to others transgresses a negative commandment, as ibid.:28 states: "You may not place in your containers." The violation of these two prohibitions is not punishable by lashes, because a person who ate when one should not have or took produce home is liable to make financial restitution.
Halacha 4
A person who milks an animal, one who makes butter, and one who makes cheese may not partake of that food, for it is not a product of the earth.
When a person hoes around onion heads and garlic heads, even though he removes small ones from the larger ones, or the like, he may not partake of them, because this activity does not constitute the completion of the task.
Needless to say, watchmen over gardens, orchards and fields where any crops are grown - e.g., cucumber gardens and gourd gardens - may not partake of the produce growing there at all.
Halacha 5
A person who separates dates and figs at have already been harvested and are stuck together] may not partake of them, for the work that obligates the performance of the mitzvah of tithing has been completed.
A person who works with wheat and the like after they have been tithed - e.g., a person was hired to remove pebbles from grain, to sift the kernels or to grind them - may partake of them, for the work that obligates the performance of the mitzvah of challah has not been completed. When, however, a person kneads dough, bastes loaves or bakes, he may not partake of the food, because the work that obligates the performance of the mitzvah of challah has become completed. And a worker may not partake of produce except when the work that obligates the performance of the mitzvah of tithing or challah has not been completed.
Halacha 6
If the cakes of figs belonging to a person become broken up, his barrels of wine become open, or his gourds become cut, and he hires workers to tend to the produce, they may not partake of it, for the work necessary for them has been completed and they have become obligated to be tithed. Indeed, they are tevel. If, however, the owner did not notify the workers, he must tithe the produce and allow them to partake of it.
Workers may not partake of the crops in a field that was consecrated to the Temple treasury. This is derived from Deuteronomy 23:25, which speaks of "your colleague's vineyard."
Halacha 7
When a person hires workers to work with produce that is neta reva'i, they may not partake of it. If he did not inform them that it was neta reva'i, he must redeem it, and allow them to partake of it.
Halacha 8
Workers who reap, thresh, winnow, separate unwanted matter from food, harvest olives or grapes, tread grapes, or perform any other tasks of this nature are granted the right to partake of the produce with which they working by Scriptural Law.
Halacha 9
Watchmen for vats, grain heaps and any produce that has been separated from the ground, for which the work that obligates tithing has not been completed may partake of the produce because of local convention. They are not granted this privilege according to Scriptural Law, because a watchman is not considered to be one who performs an action.
If, however, a person works with his limbs whether with his hands, his feet or even with his shoulders, he is entitled to partake of produce according to the Torah.
Halacha 10
A worker who is working with figs may not partake of grapes. One who is working with grapes may not partake of figs. These laws are derived from Deuteronomy 23:25, which states: "When you enter the vineyard of your colleague, you may eat grapes."
When a person is working with one vine, he may not eat from another vine. Nor may he partake of grapes together with other food; he should not partake of them together with bread or salt. If, however, the worker set a limit concerning the quantity that he may eat, he may eat the produce with salt, with bread or with any other food that he desires.
It is forbidden for a worker to suck the juice from grapes, for the verse states: "And you shall eat grapes." Neither the worker's sons nor his wife
may roast the kernels of grain in a fire for him. This is implied by the above verse, which states: "You may eat grapes as you desire." The implication is that you must desire the grapes as they are. Similar laws apply in all analogous situations.
Halacha 11
It is forbidden for a worker to eat an inordinate amount of the produce with which he is working. This is implied by the above verse, which states: "You may eat... as you desire, to your satisfaction." It is permitted, however, for him to delay eating until he reaches the place of higher quality grapes and eat there.
A worker may eat even a dinar's worth of cucumbers or dates even though he was hired to work only for a silver me'ah. Nevertheless, we teach a person not to be a glutton, so that he will not close the doors in his own face. if a person is guarding four or five grain heaps, he should not eat his fill from only one of them. Instead, he should eat an equal amount from each one.
Halacha 12
Workers who have not walked both lengthwise and laterally in a vat may eat grapes but may not drink wine, for at that time they are still working solely with grapes. When they have treaded in the vat and walked both lengthwise and laterally, they may eat grapes and drink the grape juice, for they are working with both the grapes and the wine.
Halacha 13
When a worker says: "Give my wife and my children what I would eat," or "I will give a small amount of what I have taken to eat to my wife and my children," he is not given this prerogative. For the Torah has granted this right only to a worker himself. Even when a nazarite who is working with grapes says, "Give some to my wife and children," his words are of no consequence.
Halacha 14
When a worker - and his wife, his children and his slaves - were all employed to work with produce, and the worker stipulated that they - neither he nor the members of his household - should not partake of the produce, they may not partake of it.
When does the above apply? When they are past majority, because they are intellectually mature, responsible for their decisions, and willingly gave up the right the Torah granted them. If, however, the children are minors, their father cannot pledge that they will not eat, for they are not eating from his property or from what the employer grants them, but rather from what they were granted by God.
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Hayom Yom:
Monday, 3 Cheshvan 5775 • 27 October 2014
"Today's Day"
Monday, Cheshvan 3, 5704
Torah lessons: Chumash: Lech L'cha, Sheini with Rashi.
Tehillim: 18-22.
Tanya: It would seem (p. 545) ...mouth find favour. (p. 549).
(Continuing the above sicha:) Bereishit is a cheerful sedra, even though its ending is not all that pleasant. Noach has the Flood, but the week ends on a happy note with the birth of our father Avraham. The really joyous week is that of parshat Lech L'cha. We live every day of the week with Avraham, the first to dedicate his very life to spreading G-dliness in the world. And Avraham bequeathed his self-sacrifice as an inheritance to all Jews.1
FOOTNOTES
1. See Tanya Ch. 18; Elul 21.
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Daily Thought:
The Freedom Connection
We are limited by the very fact that we have human form. There is no freedom in following our whim, or even our most reasoned decisions. As a prisoner cannot undo his own shackles, so we remain enslaved to our own limited selves.
And so Moses was told, “When you take the people out from Egypt, you shall all serve G‑d on this mountain.”
What makes us free? Simple deeds done each day, as agents of the One who is absolutely free.
(Tanya, Chapter 47.)
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Monday, Cheshvan 3, 5704
Torah lessons: Chumash: Lech L'cha, Sheini with Rashi.
Tehillim: 18-22.
Tanya: It would seem (p. 545) ...mouth find favour. (p. 549).
(Continuing the above sicha:) Bereishit is a cheerful sedra, even though its ending is not all that pleasant. Noach has the Flood, but the week ends on a happy note with the birth of our father Avraham. The really joyous week is that of parshat Lech L'cha. We live every day of the week with Avraham, the first to dedicate his very life to spreading G-dliness in the world. And Avraham bequeathed his self-sacrifice as an inheritance to all Jews.1
FOOTNOTES
1. See Tanya Ch. 18; Elul 21.
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Daily Thought:
The Freedom Connection
We are limited by the very fact that we have human form. There is no freedom in following our whim, or even our most reasoned decisions. As a prisoner cannot undo his own shackles, so we remain enslaved to our own limited selves.
And so Moses was told, “When you take the people out from Egypt, you shall all serve G‑d on this mountain.”
What makes us free? Simple deeds done each day, as agents of the One who is absolutely free.
(Tanya, Chapter 47.)
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