Chabad - Today in Judaism - TODAY IS: Sunday, 25 Tishrei 5775 • 19 October 2014

Chabad - Today in Judaism - TODAY IS: Sunday, 25 Tishrei 5775 • 19 October 2014
Today's Laws & Customs:
• No Tachnun (rest of month) 

Tachnun (confession of sins) and similar prayers are omitted throughout the remainder of the festive month of Tishrei.

Today in Jewish History:
• Passing of R. Levi Yitzchak of Berditchev (1809) 
Passing of the great Chassidic leader and advocate for the Jewish people, Rabbi Levi Yitzchak of Berditchev (1740-1810). Rabbi Levi Yitzchak was a close disciple of the second leader of the Chassidic movement, Rabbi DovBer, the Maggid of Mezritch. He is best known for his love for every Jew and his impassioned words of advocation on their behalf before the Almighty.
Link: Kol Nidrei; more on R. Levi Yitzchak
• Passing of Chatam Sofer (1839) 

Tishrei 25th is the yahrtzeit of Rabbi Moshe Sofer of Pressburg (1762-1839), known as "Chatam Sofer" after his work of Rabbinic responsa. Rabbi Moshe was an outstanding Halachic authority and community leader, and was at the forefront of the battle to preserve the integrity of traditional Judaism in the face of the various "reformist" movements of his time.
DAILY QUOTE:
Say little and do much(Ethics of the Fathers 1:15)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Chumash: Noach, 1st Portion Genesis 6:9-6:22 with Rashi
• Chapter 6
9. These are the generations of Noah, Noah was a righteous man he was perfect in his generations; Noah walked with God. ט. אֵלֶּה תּוֹלְדֹת נֹחַ נֹחַ אִישׁ צַדִּיק תָּמִים הָיָה בְּדֹרֹתָיו אֶת הָאֱלֹהִים הִתְהַלֶּךְ נֹחַ:
These are the generations of Noah—Noah was a righteous man: Since Scripture mentions him, it tells his praise, as it is said (Prov. 10:7): “The mention of a righteous man is for a blessing.” - [Pesikta Rabbathi 12]. Another explanation [for why the names of the children are not mentioned immediately following “These are the generations of Noah”]: To teach you that the main generations [progeny] of the righteous are good deeds. — [Mid. Tan. Noah 2]
אלה תולדות נח נח איש צדיק: הואיל והזכירו ספר בשבחו, שנאמר (משלי י ז) זכר צדיק לברכה. דבר אחר ללמדך, שעיקר תולדותיהם של צדיקים מעשים טובים:
in his generations: Some of our Sages interpret it [the word בְּדֹרֹתָיו] favorably: How much more so if he had lived in a generation of righteous people, he would have been even more righteous. Others interpret it derogatorily: In comparison with his generation he was righteous, but if he had been in Abraham’s generation, he would not have been considered of any importance. — [Sanh. 108a, Gen. Rabbah 30:9, Tan. Noach 5]
בדורותיו: יש מרבותינו דורשים אותו לשבח, כל שכן שאלו היה בדור צדיקים היה צדיק יותר, ויש שדורשים אותו לגנאי, לפי דורו היה צדיק, ואלו היה בדורו של אברהם לא היה נחשב לכלום:
Noah walked with God: But concerning Abraham, Scripture says (below 24:40): “[the Lord] before Whom I walked.” Noah required [God’s] support to uphold him [in righteousness], but Abraham strengthened himself and walked in his righteousness by himself. — [Tan. Noach 5]
את האלה ים התהלך נח: ובאברהם הוא אומר (יז א) התהלך לפני, (כד מ) אשר התהלכתי לפניו, נח היה צריך סעד לתומכו, אבל אברהם היה מתחזק ומהלך בצדקו מאליו:
walked: (הִתְהַלֶּךְ) is here in the past tense. The following is the usage of the “lammed” : in the “heavy” (כָּבֵד) form [this refers to conjugations with a dagesh in one of the root letters, in this case, in the lammed], one form can be used [both] for the future [really the imperative] and the past tense. For example, (Gen. ibid. 13): “Rise, walk (הִתְהַלֵּךְ)” is the future (i.e., imperative). “Noah walked (הִתְהַלֶּךְ)” is the past. (I Sam. 12:19): “Pray (הִתְפַּלֵּל) for your servants” is future (i.e., imperative), and (I Kings 8:42) “and he will come and pray (וְהִתְפַּלֵּל) toward this house” is past, only that the “vav” at the beginning converts it to the future. — [as explained by Mizrachi]
התהלך: לשון עבר, וזהו שמושו של למד בלשון כבד, משמשת להבא ולשעבר בלשון אחד, (שם יג יז) קום התהלך להבא, התהלך נח, לשעבר, (ש"א יב יט) התפלל בעד עבדיך להבא, (מלכים א ח מב) ובא והתפלל אל הבית הזה, לשון עבר, אלא שהוי"ו שבראשו הופכו להבא:
10. And Noah begot three sons: Shem, Ham, and Japheth. י. וַיּוֹלֶד נֹחַ שְׁלשָׁה בָנִים אֶת שֵׁם אֶת חָם וְאֶת יָפֶת:
11. Now the earth was corrupt before God, and the earth became full of robbery. יא. וַתִּשָּׁחֵת הָאָרֶץ לִפְנֵי הָאֱלֹהִים וַתִּמָּלֵא הָאָרֶץ חָמָס:
was corrupt: Heb. וַתִּשָּׁחֵת is an expression of immorality and idolatry. (other editions add: immorality, “for all flesh had corrupted (הִשְׁחִית) its way,” and idolatry), as in (Deut. 4:16): “Lest you deal corruptly (תַּשְׁחִיתוּן).” - [Sanh. 56b, 57a]
ותשחת: לשון ערוה ועבודה זרה, כמו (דברים ד טז) פן תשחיתון, כי השחית כל בשר וגו':
and the earth became full of robbery: Heb. חָמָס, robbery. (other editions add: as it is said (Jonah 3:8): “and of the dishonest gain (הֶחָמָס) which is in their hands.”) - [Sanh. 108a]
ותמלא הארץ חמס: גזל:
12. And God saw the earth, and behold it had become corrupted, for all flesh had corrupted its way on the earth. יב. וַיַּרְא אֱלֹהִים אֶת הָאָרֶץ וְהִנֵּה נִשְׁחָתָה כִּי הִשְׁחִית כָּל בָּשָׂר אֶת דַּרְכּוֹ עַל הָאָרֶץ:
for all flesh had corrupted: Even cattle, beasts, and fowl would mate with those who were not of their own species. — [from Tan. Noach 12]
כי השחית כל בשר: אפילו בהמה חיה ועוף נזקקין לשאינן מינן:
13. And God said to Noah, "The end of all flesh has come before Me, for the earth has become full of robbery because of them, and behold I am destroying them from the earth. יג. וַיֹּאמֶר אֱלֹהִים לְנֹחַ קֵץ כָּל בָּשָׂר בָּא לְפָנַי כִּי מָלְאָה הָאָרֶץ חָמָס מִפְּנֵיהֶם וְהִנְנִי מַשְׁחִיתָם אֶת הָאָרֶץ:
The end of all flesh: Wherever you find promiscuity (and idolatry), a pestilence comes upon the world and kills both good and bad alike. — [from Gen. Rabbah 26:5] Note that parenthetic words do not appear in Gen. Rabbah , Lev. Rabbah, or in early mss. and printed editions of Rashi. We have translated אַנְדְרוֹלוּמוּסְיָה as pestilence, following Aruch. See below.
קץ כל בשר: כל מקום שאתה מוצא זנות ועבודה זרה, אנדרלמוסיא באה לעולם והורגת טובים ורעים:
for the earth has become full of robbery: Their verdict was sealed only because of robbery. — [from Sanh. 108a]
כי מלאה הארץ חמס: לא נחתם גזר דינם אלא על הגזל:
from the earth: [אֶת הָאָרֶץ] is similar מִן הָאָרֶץ : “from the earth.” Similar to this is (Exod. 9:29): “When I go the city” [meaning] “from” the city; (I Kings 15:23): “He was stricken his feet” [meaning]“from” his feet (i.e, he suffered from a foot ailment). Another explanation: אֶת הָאָרֶץ means “together with the earth,” for even the three handbreadths of the depth of the plowshare were blotted out and obliterated.
את הארץ: כמו מן הארץ, ודומה לו (שמות ט כט) כצאתי את העיר, מן העיר, (מ"א טו כג) חלה את רגליו, מן רגליו. דבר אחר את הארץ עם הארץ, שאף שלשה טפחים של עומק המחרישה נמוחו ונטשטשו:
14. Make for yourself an ark of gopher wood; you shall make the ark with compartments, and you shall caulk it both inside and outside with pitch. יד. עֲשֵׂה לְךָ תֵּבַת עֲצֵי גֹפֶר קִנִּים תַּעֲשֶׂה אֶת הַתֵּבָה וְכָפַרְתָּ אֹתָהּ מִבַּיִת וּמִחוּץ בַּכֹּפֶר:
Make for yourself an ark: Many ways to bring relief and rescue are available to Him; why, then, did He burden him with this construction? In order that the people of the Generation of the Flood should see him occupying himself with it for one hundred twenty years and ask him, “For what do you need this?” And he would say to them, “The Holy One, blessed be He, is destined to bring a flood upon the world.” Perhaps they would repent. - [Aggadath Bereishith 1:2, Tan. Noach 5, Tan. Buber Bereishith 37, Gen. Rabbah 30:7]
עשה לך תבת: הרבה ריוח והצלה לפניו, ולמה הטריחו בבנין זה, כדי שיראוהו אנשי דור המבול עוסק בה מאה ועשרים שנה ושואלין אותו מה זאת לך, והוא אומר להם עתיד הקב"ה להביא מבול לעולם, אולי ישובו:
gopher wood: That is its name. Now why from this species (גֹפֶר)? Because of sulphur (גָפְרִית) with which it was decreed upon them to be blotted out. — [from Bereishith Rabbathi p. 66]
עצי גפר: כך שמו. ולמה ממין זה על שם גפרית, שנגזר עליהם להמחות בו:
compartments: individual dwellings for each domestic animal and wild beast. — [from Pirkei d’Rabbi Eliezer ch. 23] I
קנים: מדורים מדורים לכל בהמה וחיה:
with pitch: Heb. כֹּפֶר This is זֶפֶת in Aramaic, and we find in the Talmud (Shab. 67a, b, Ned. 51a, Git. 69b, B.M. 23b, 40a, 70a, Ar. 19a) the word כּוּפְרָא [meaning pitch]. In Moses’ ark [i.e., the ark in which Moses was placed in the Nile], since the water was calm, it was enough to have mud on the inside and pitch on the outside. Another reason: so that this righteous man [Moses] should not smell the bad odor of pitch. But here, because of the force of the water, he caulked it with pitch both inside and outside. — [from Gen. Rabbah 31:10, Sotah 12a]
בכפר: זפת בלשון ארמי. ומצינו בתלמוד כופרא. בתיבתו של משה, על ידי שהיו המים תשים, דיה בחומר מבפנים וזפת מבחוץ, ועוד כדי שלא יריח אותו צדיק ריח רע של זפת, אבל כאן מפני חוזק המים זפתה מבית ומבחוץ:
15. And this [is the size] you shall make it: three hundred cubits the length of the ark, fifty cubits its breadth, and thirty cubits its height. טו. וְזֶה אֲשֶׁר תַּעֲשֶׂה אֹתָהּ שְׁלשׁ מֵאוֹת אַמָּה אֹרֶךְ הַתֵּבָה חֲמִשִּׁים אַמָּה רָחְבָּהּ וּשְׁלשִׁים אַמָּה קוֹמָתָהּ:
16. You shall make a skylight for the ark, and to a cubit you shall finish it to the top, and the entrance of the ark you shall place in its side; you shall make it with bottom [compartments], second story [compartments], and third story [compartments]. טז. צֹהַר | תַּעֲשֶׂה לַתֵּבָה וְאֶל אַמָּה תְּכַלֶּנָּה מִלְמַעְלָה וּפֶתַח הַתֵּבָה בְּצִדָּהּ תָּשִׂים תַּחְתִּיִּם שְׁנִיִּם וּשְׁלִשִׁים תַּעֲשֶׂהָ:
a skylight: Heb. צֹהַר, lit. light. Some say [that it was] a window, and some say [that it was] a precious stone, which gave them light. — [Gen. Rabbah 31:11]
צהר: יש אומרים חלון, ויש אומרים אבן טובה המאירה להם:
and to a cubit you shall finish it to the top: Its covering slanted upwards until it narrowed at the top to one cubit (Gen. Rabbah 31:11), so that the rain should run down (the following does not appear in certain editions) (from both sides) (Sanh. 108b, Maharsha).
ואל אמה תכלנה מלמעלה: כסויה משופע ועולה עד שהוא קצר מלמעלה ועומד על אמה, כדי שיזובו המים למטה:
you shall place in its side: so that the rains should not fall into it.
בצדה תשים: שלא יפלו הגשמים בה:
bottom [compartments], second-story [compartments], and third-story [compartments]: three stories, one above the other; the upper compartments were for people, the middle ones for [animal] dwellings, and the bottom ones for waste matter. — [from Sanh. 108b]
תחתים שנים ושלשים: שלש עליות זו על גב זו, עליונים לאדם, אמצעים למדור בהמה תחתיים לזבל:
17. And I, behold I am bringing the flood, water upon the earth, to destroy all flesh in which there is the spirit of life, from beneath the heavens; all that is upon the earth will perish. יז. וַאֲנִי הִנְנִי מֵבִיא אֶת הַמַּבּוּל מַיִם עַל הָאָרֶץ לְשַׁחֵת כָּל בָּשָׂר אֲשֶׁר בּוֹ רוּחַ חַיִּים מִתַּחַת הַשָּׁמָיִם כֹּל אֲשֶׁר בָּאָרֶץ יִגְוָע:
And I, behold I am bringing: Behold, I am ready to agree with those [angels] who urged Me long ago (Ps. 8:5): “What is man that You should remember him?” - [Gen. Rabbah 31:12]
ואני הנני מביא: הנני מוכן להסכים עם אותם שזרזוני ואמרו לפני כבר (תהלים ח ה) מה אנוש כי תזכרנו:
the flood: Heb. הַמַּבּוּל: that wore out (בִּלָּה) everything; that mixed up (בִּלְבֵּל) everything; that transported (הוֹבִיל) everything from the high [ground] to the low [ground]. This [the last interpretation] is [the basis for] the rendering of Onkelos: טוֹפָנָא, a flood [from טוּף, to float], because it caused everything to float and brought them down to Babylon, which is deep, and this is why it was called Shinar, because all those who died in the Flood were shaken out (נִנְעֲרוּ) there. — [Yer. Ber. 4:1, Gen. Rabbah 37:4]
מבול: שבלה את הכל, שבלבל את הכל, שהוביל את הכל מן הגבוה לנמוך, וזהו לשון אונקלוס שתרגם טופנא, שהציף את הכל והביאם לבבל שהיא עמוקה, לכך נקראת שנער שננערו שם כל מתי מבול:
18. And I will set up My covenant with you, and you shall come into the ark, you and your sons, and your wife and your sons' wives with you. יח. וַהֲקִמֹתִי אֶת בְּרִיתִי אִתָּךְ וּבָאתָ אֶל הַתֵּבָה אַתָּה וּבָנֶיךָ וְאִשְׁתְּךָ וּנְשֵׁי בָנֶיךָ אִתָּךְ:
And I will set up My covenant with you: A covenant was necessary for the fruits, so that they should not rot and become putrid, and so that the wicked of the generation should not kill him. — [from Gen. Rabbah 31:12]
והקמותי את בריתי: ברית היה צריך על הפירות שלא ירקבו ויעפשו, ושלא יהרגוהו רשעים שבדור:
you and your sons, and your wife: the men separately and the women separately. From here, we deduce that they were prohibited to engage in marital relations [in the ark]. — [Sanh. 108b]
אתה ובניך ואשתך: האנשים לבד והנשים לבד, מכאן שנאסרו בתשמיש המטה:
19. And of all living things of all flesh, two of each you shall bring into the ark to preserve alive with you; they shall be male and female. יט. וּמִכָּל הָחַי מִכָּל בָּשָׂר שְׁנַיִם מִכֹּל תָּבִיא אֶל הַתֵּבָה לְהַחֲיֹת אִתָּךְ זָכָר וּנְקֵבָה יִהְיוּ:
And of all living things: Even demons. — [Gen. Rabbah 31:13]
ומכל החי: אפילו שדים:
two of each: Of the least [numerous] of them, there were no less than two, one male and one female.
שנים מכל: מן הפחות שבהם לא פחתו משנים, אחד זכר ואחד נקבה:
20. Of the fowl after its kind and of the animals after their kind, of every creeping thing upon the ground after its kind; two of each shall come to you to preserve alive. כ. מֵהָעוֹף לְמִינֵהוּ וּמִן הַבְּהֵמָה לְמִינָהּ מִכֹּל רֶמֶשׂ הָאֲדָמָה לְמִינֵהוּ שְׁנַיִם מִכֹּל יָבֹאוּ אֵלֶיךָ לְהַחֲיוֹת:
Of the fowl after its kind: (Gen. Rabbah) [Note that this derash is not found in Gen. Rabbah, but in Tan. Noach 12] Those that mated with their kind, and did not corrupt their way, and came by themselves, and all that the ark accepted, [i.e., the ark repulsed the unfit animals and did not let them enter], he brought into it. — [Sanh. 108b, Tan. ad loc., Zev. 116a, Gen. Rabbah 32:8 from 7:16; Pirkei d’Rabbi Eliezer ch. 23 from ibid. 15; only Mid. Hagadol from this verse]
מהעוף למינהו: אותן שדבקו במיניהם ולא השחיתו דרכם, ומאליהם באו, וכל שהתיבה קולטתו הכניס בה:
21. And you, take for yourself of every food that is eaten and gather it in to you, and it shall be for you and for them to eat." כא. וְאַתָּה קַח לְךָ מִכָּל מַאֲכָל אֲשֶׁר יֵאָכֵל וְאָסַפְתָּ אֵלֶיךָ וְהָיָה לְךָ וְלָהֶם לְאָכְלָה:
22. And Noah did; according to all that God had commanded him, so he did. כב. וַיַּעַשׂ נֹחַ כְּכֹל אֲשֶׁר צִוָּה אֹתוֹ אֱלֹהִים כֵּן עָשָׂה:
And Noah did: This refers to the building of the ark. — [Gen. Rabbah 31:14]
ויעש נח: זה בנין התיבה:
___________________________
Daily Tehillim: Psalms Chapter 119, Verses 1-96
• Verses 1-96
David composed this prominent psalm in alphabetical sequence-eight verses for each letter. Every verse contains one of the following words (referring to different aspects of Torah): Way; Torah; Testimony; Precept; Commandment; Statement (translated here as Word or Promise); Word; Judgement (or Laws); Righteousness; Statute. Replete with morals and prayers, this psalm should be recited daily, as a powerful preparation for the service of God. (In verses beginning with one of the letters of the mnemonic PeReTZ BeN DaMaH, the word "עדותיך" is pronounced "eidvotecha.")
1. Fortunate are those whose way is artless, who walk with the Torah of the Lord.
2. Fortunate are those who keep His testimonies, who seek Him with all their hearts.
3. Indeed, they have not done iniquity; they walk in His ways.
4. You have commanded Your precepts to be observed diligently.
5. My wish is that my ways be directed to keep Your statutes.
6. Then I will not be ashamed, when I behold all Your commandments.
7. I will give thanks to You with uprightness of heart, when I learn Your righteous judgments.
8. I will keep Your statutes; do not utterly forsake me
9. How can a young man keep his way pure? By observing Your word.
10. With all my heart I have sought You; do not let me stray from Your commandments.
11. I have harbored Your word in my heart, that I might not sin against You.
12. Blessed are You, O Lord; teach me Your statutes.
13. With my lips I have declared all the judgments of Your mouth.
14. I have rejoiced in the way of Your testimonies, as I would with all riches.
15. I will speak of Your precepts, and gaze upon Your ways.
16. I will delight in Your statutes; I will not forget Your word.
17. Deal kindly with Your servant, that I may live to keep Your word.
18. Unveil my eyes, that I may behold wonders from Your Torah.
19. I am a sojourner on earth; do not hide Your commandments from me.
20. My soul is crushed with a longing for Your judgments every moment.
21. You have rebuked the accursed scoffers, those who stray from Your commandments.
22. Remove insult and contempt from me, for I have kept Your testimonies.
23. Though princes sat and spoke against me, Your servant speaks of Your statutes.
24. Indeed, Your testimonies are my delight; they are my counsellors.
25. My soul cleaves to the dust; revive me in accordance with Your word.
26. I have spoken of my ways, and You answered me; teach me Your statutes.
27. Make me understand the way of Your precepts, and I will speak of Your wonders.
28. My soul drips away out of grief; sustain me according to Your word.
29. Remove from me the way of falsehood, and graciously endow me with Your Torah.
30. I have chosen the way of faith; Your judgments have I laid before me.
31. I held fast to Your testimonies, O Lord; put me not to shame.
32. I will run on the path of Your commandments, for You will broaden my heart.
33. Teach me, O Lord, the way of Your statutes, and I will keep it to the last.
34. Grant me understanding and I will keep Your Torah; I will observe it with all my heart.
35. Direct me in the path of Your commandments, for that is my desire.
36. Incline my heart to Your testimonies, and not to greed.
37. Avert my eyes from seeing vanity; by Your ways give me life.
38. Fulfill for Your servant Your promise, which brings to the fear of You.
39. Remove my shame which I fear, for Your judgments are good.
40. Behold, I have longed for Your precepts; give me life in Your righteousness.
41. And let Your kindness come to fruition for me, O Lord, Your salvation as You promised.
42. I will offer a retort to those who taunt me, for I trust in Your word.
43. Do not at all remove the word of truth from my mouth, for I hope [to fulfill] Your judgments.
44. I will keep Your Torah continually, for ever and ever.
45. And I will walk in spacious paths, for I seek Your precepts.
46. I will speak of Your testimonies before kings, and I will not be ashamed.
47. And I will delight in Your commandments, which I love.
48. I will lift up my hands to Your commandments, which I love, and I will speak of Your statutes.
49. Remember the word [promised] to Your servant, by which You gave me hope.
50. This is my comfort in my affliction, for Your word has given me life.
51. [Though] the wicked ridicule me severely, I have not strayed from Your Torah.
52. When I remember Your judgments of old, O Lord, I take comfort.
53. Trembling seized me because of the wicked, those who forsake Your Torah.
54. Your statutes have been my songs in the house of my wanderings.
55. At night I remembered Your Name, O Lord, and I kept Your Torah.
56. All this came to me because I kept Your precepts.
57. The Lord is my portion; I pledged to keep Your words.
58. I pleaded before You with all my heart: have compassion upon me according to Your word.
59. I contemplated my ways, and returned my feet to Your testimonies.
60. I hurried and did not delay to keep Your commandments.
61. Bands of wicked men plundered me, [but] I did not forget Your Torah.
62. At midnight, I rise to thank You for Your righteous judgments.
63. I am a friend to all who fear You, and to those who keep Your precepts.
64. Your kindness, O Lord, fills the earth; teach me Your statutes.
65. You have dealt goodness to Your servant, O Lord, in accord with Your promise.
66. Teach me the goodness and wisdom of the [Torah's] reasons, for I believe in Your commandments.
67. Before I afflicted myself, I would blunder; but now I observe Your word.
68. You are good and benevolent; teach me Your statutes.
69. The wicked have smeared me with lies, [when in truth] I keep Your precepts with all my heart.
70. Their hearts grew thick as fat; but as for me, Your Torah is my delight.
71. It is for my good that I was afflicted, so that I might learn Your statutes.
72. The Torah of Your mouth is better for me than thousands in gold and silver.
73. Your hands have made me and prepared me; grant me understanding, that I may learn Your commandments.
74. Those who fear You will see me and rejoice, because I hoped in Your word.
75. I know, O Lord, that Your judgments are just; righteously have You afflicted me.
76. Let Your kindness be my comfort, as You promised to Your servant.
77. Let Your mercies come upon me, that I may live, for Your Torah is my delight.
78. Let the scoffers be shamed, for they have maligned me with falsehood; but I will meditate upon Your precepts.
79. May those who fear You return to me, and those who know Your testimonies.
80. May my heart be perfect in Your statutes, so that I not be shamed.
81. My soul longs for Your salvation; I hope for Your word.
82. My eyes long for Your promise, saying, "When will You comfort me?”
83. Though I became [dried out] like a wineskin in smoke, I did not forget Your statutes.
84. How many are the days of Your servant? When will You execute judgment upon my pursuers?
85. The wicked have dug pits for me, in violation of Your Torah.
86. All Your commandments teach truth, [yet] they pursue me with lies, help me!
87. They nearly consumed me upon the earth, but I did not forsake Your precepts.
88. As befits Your kindness, grant me life, and I will keep the testimony of Your mouth.
89. Forever, O Lord, Your word stands firm in the heavens.
90. Your faithfulness persists for all generations; You established the earth, and it stands.
91. They stand ready today [to execute] Your judgments, for all are Your servants.
92. Had Your Torah not been my delight, I would have perished in my affliction.
93. Never will I forget Your precepts, for through them You have sustained me.
94. I am Yours; save me, for I have sought Your precepts.
95. The wicked hope to destroy me, but I meditate upon Your testimonies.
96. To every goal I have seen a limit, but Your commandment is immensely broad.
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Tanya: Iggeret HaKodesh, beginning of Epistle 25
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, 25 Tishrei 5775 • 19 October 2014.
Iggeret HaKodesh, beginning of Epistle 25
This letter comments on a discourse (in Tzavaat HaRivash, sec. 120 in the Kehot editions) in which the Baal Shem Tov explains that though all things emanate from G‑d through His attributes of love and awe, these attributes can find themselves in a state of exile.
The Baal Shem Tov goes on to say that in the same way, a worshiper who finds that his endeavors to concentrate are being disturbed by someone speaking should consider: “Why did G‑d bring me here, where this talker is disturbing my prayers? After all, everything is Providential.”
Indeed it is, explains the Baal Shem Tov: this man’s talk is a spark of the radiance of the Shechinah that has descended and now “abides” in his mouth, in order that the worshiper should exert himself so strenuously that he will be able to ignore the disturbance. (The verb used in the above-quoted version of the teaching is “abides” — שרתה; as the Alter Rebbe will soon explain, the proper term is “vested” — נתלבשה.)
Especially so, the text there goes on to say, if the person speaking is a heathen or a child, then the realization that the Shechinah has (as it were) contracted itself to such a degree should surely bring the worshiper to ever-increasing fervor.
It would seem that the opponents of Chassidism seized upon this statement of the Baal Shem Tov: they could not understand how one could possibly say that the Shechinah “abided” (or even was “vested”) within a heathen.
The Alter Rebbe explains this in the present letter, beginning with the teaching of the Sages that “Whoever is in a rage resembles an idolater.” A Jew, he explains, must know that everything comes from G‑d. When someone strikes him or angers him with words, he should remind himself that at that very moment, a glimmer of the Divine Presence — which provides life to all creatures and to this individual as well — has vested itself within that person.
The Alter Rebbe goes on to prove this from King David’s response when Shimi ben Geira cursed him. King David said: “For G‑d told him, ‘Curse!’” Although we do not find it explicitly stated that G‑d told Shimi to curse David, still, since G‑d’s spirit animated Shimi at the moment that he cursed David, thus providing him with the strength to do so, David considered this as if “G‑d told him to curse.” Indeed, as the Alter Rebbe goes on to explain, a glimmer or irradiation of the Shechinah vests itself even in kelipot.
Throughout this discussion the Alter Rebbe does not actually quote the Baal Shem Tov’s teaching nor the above objection to it. The reason for the latter omission may perhaps be understood in light of the fact that the Alter Rebbe was prepared for mesirut nefesh, literally risking his life, not to be sundered from any teaching or even the slightest gesture of the Baal Shem Tov, even if it would only appear to be so in the eyes of the beholder.1
It is thus reasonable to assume that here as well, the Alter Rebbe chose not to even mention an objection raised against a teaching of the Baal Shem Tov; he merely clarifies the concepts involved, and the objection falls away as a matter of course.
להבין אמרי בינה
“To comprehend the words of understanding,” i.e., the words of Torah,2
מה שכתוב בספר הנקרא צוואת ריב״ש
stated in the book called Tzavaat Rivash3 (“The Testament of the Baal Shem Tov),”
הגם שבאמת אינה צוואתו כלל, ולא ציוה כלל לפני פטירתו
though in fact it is not at all4 his will or testament, and he did not ordain anything before his passing;
רק הם לקוטי אמרותיו הטהורות
they (i.e., the teachings in this book) are merely gleanings of his pure sayings
The adjective (“pure”) recalls the phrase in the morning blessings, טהורה היא, that describes the pristine purity of a soul before it descends from the World of Atzilut; likewise the verse,5 כעצם השמים לטוהר (“as pure as the very heavens”).
שלקטו לקוטי בתר לקוטי
that were gathered as6 “compilations after compilations,”
ולא ידעו לכוין הלשון על מתכונתו
and [the compilers] did not know how to phrase his teachings exactly.
For the Baal Shem Tov used to speak in Yiddish, and the teachings in Tzavaat HaRivash are recorded in Hebrew.
אך המכוון הוא אמת לאמיתו
The connotation, however, of the teachings is absolutely true.
The Alter Rebbe now begins to explain the statement in Tzavaat HaRivash, sec. 120.
והוא בהקדים מאמר רז״ל: כל הכועס, כאילו עובד עבודת כוכבים ומזלות
And this [will be understood] by first considering the teaching of our Sages, of blessed memory:7 “Whoever is in a rage resembles an idolater.”
והטעם מובן ליודעי בינה
The reason [for this] is clear to those who8 “know un-derstanding,”
לפי שבעת כעסו, נסתלקה ממנו האמונה
because at the time of his anger, faith in G‑d and in His individual Divine Providence has left him.
כי אילו היה מאמין שמאת ה׳ היתה זאת לו, לא היה בכעס כלל
For were he to believe that what happened to him was G‑d’s doing, he would not be angry at all.
ואף שבן אדם, שהוא בעל בחירה, מקללו או מכהו או מזיק ממונו
True, it is a person possessed of free choice that is cursing him, or striking him, or causing damage to his property,
ומתחייב בדיני אדם ובדיני שמים על רוע בחירתו
and [therefore] guilty according to the laws of man and the laws of heaven for his evil choice.
The perpetrator for his part cannot plead innocence on the grounds that he is merely an instrument in the hands of Divine Providence.
אף על פי כן, על הניזק כבר נגזר מן השמים
Nevertheless, as regards the person harmed, this [incident] was already decreed in heaven,
והרבה שלוחים למקום
and9 “G‑d has many agents” through whom He can act.
Hence, even if the offending party had chosen otherwise, the incident would have befallen the victim in any case.
This discussion recalls the teaching of the Mechilta cited by Rashi on the verse,10 והאלקים אנה לידו — “and G‑d caused it to happen to him.” For to such a case the Mechilta applies the verse,11 “From evildoers there emerges evil.” This means that though it was decreed from above that someone should sustain an injury, G‑d brings it about that a particular person should inflict it.
That context, however, speaks of an unwitting injury. In the case of a potentially willful offender, if instead of choosing freely to act in an evil manner he chose to do otherwise, the event would still have occurred, for “G‑d has many agents,” as quoted above.
At any rate, it is thus clear that the victim has no cause to be angry with the offender, for the true cause of the offense was not him, but a heavenly decree.
The Alter Rebbe now takes this one step further: Not only does the heavenly decree give the offender an undefined potential to do harm, but moreover, the particular thought to do it and the power to do it, all come about from G‑d. (At the same time, since man has freedom of choice, he can of course choose to reject such a thought and refrain from doing such a deed.)
Anger thus remains unjustifiable. For the offended party is not angry that the other party made an evil choice; what angers him is the damage done to him. His anger thus results from his lack of belief that the true cause for his mishap is not a particular individual’s evil choice, but a heavenly decree.
ולא עוד
And not only this, that a heavenly decree gave permission in principle and made it possible that he suffer injury,
אלא אפילו בשעה זו ממש, שמכהו או מקללו
but even at that very moment at which [the offender] strikes or curses him,
מתלבש בו כח ה׳ ורוח פיו יתברך, המחייהו ומקיימו
there is vested in him (in the offender) a force from G‑d and the breath of His mouth, which animates and sustains him;
וכמו שכתוב: כי ה׳ אמר לו, קלל
as it is written:12 “For G‑d told him, ‘Curse!’”
והיכן אמר לשמעי
Now where did He say so to Shimi? Where do we find it written that G‑d told him to curse David?
אלא שמחשבה זו, שנפלה לשמעי בלבו ומוחו, ירדה מאת ה׳
But this thought that occurred in Shimi’s heart and mind to curse David, descended from G‑d, Who was thus responsible for such a thought entering Shimi’s mind;
ורוח פיו, המחיה כל צבאם
and13 “the breath of His mouth, [which animates] all the hosts [of heaven],”
החיה רוחו של שמעי, בשעה שדיבר דברים אלו לדוד
animated the spirit of Shimi at the time he spoke those words to David.
כי אילו נסתלק רוח פיו יתברך רגע אחד מרוחו של שמעי, לא יכול לדבר מאומה
For if the breath of G‑d’s mouth had departed from the spirit of Shimi for a single moment, he could not have spoken at all.
* * *
FOOTNOTES
1. HaTamim, Issue II, p. 56.
2. “Words of understanding” (Mishlei 1:2) has the same meaning as בינה in Shabbat 104a, which Rashi explains to mean “Torah”.
3. The abbreviation is an acronym of the Heb. for “Rabbi Yisrael Baal Shem.”
4. In the standard editions of Tanya the word כלל (“at all”) does not appear. It has been added in accordance with an emendation of the Tzemach Tzedek, quoted in Luach HaTikkun at the end of the Hebrew editions of Tanya.
5. Shmot 24:6.
6. Taanit 6b.
7. Zohar I, 27b; III, 179a; Rambam, Hilchot De’ot 2:3 in the name of the “earliest sages” (חכמים הראשונים); et al.
8. For an exposition of why the Alter Rebbe specifically uses the phrase “those who ‘know understanding,’” see Likkutei Levi Yitzchak on this passage.
9. Zohar III, 36b; cf. Taanit 18b.
10. Shmot 21:13.
11. I Shmuel 24:14.
12. II Shmuel 16:10.
13. Tehillim 33:6.
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Rambam: 
Daily Mitzvah P245 Sefer Hamitzvot
Today's Mitzvah
Sunday, 25 Tishrei 5775 • 19 October 2014
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 245
Transactions
"And if you sell something to your neighbor..."—Leviticus 25:14.
We are commanded regarding the various methods that effect transactions, i.e., the ways to transfer property from one individual to another (or, in the case of a guardian of an object, the transfer of jurisdiction).
Transactions
Positive Commandment 245
Translated by Berel Bell
The 245th mitzvah is that we are commanded regarding the laws of buying and selling, i.e. the ways in which purchases and sales between the buyers and the sellers become legally binding.
The Torah taught about one method in G‑d's statement1 (exalted be He), "When you sell something to your neighbor, [or buy something from your neighbor's hand...]" Our Sages said,2 "[The word 'hand' teaches that the sale] refers to something which can pass from one hand to another," i.e. meshichah [physically moving the object].
It is explained that in Biblical law, transfer of money is sufficient to complete the transaction, and meshichah is necessary only by Rabbinic decree, as is mesirah [giving the vehicle of control, e.g. the reins of a horse, to the buyer] and hagba'ah [lifting the object].
The Gemara3 explicitly says, "Just as our Sages enacted a requirement of meshichah in order for a sale to be valid, so too they required meshichah in order for a watchman relationship to become valid." It is therefore clear that the requirement of meshichah in buying and selling is of Rabbinic origin, as explained in the relevant place.
However, other methods of acquiring land, etc., i.e. by means of a document or chazakah4 are traced5 to Biblical verses [and are therefore of Biblical, not Rabbinic, origin].
The details of this mitzvah — i.e. the manners of finalizing a sale in each category — are explained in the 1st chapter of tractate Kiddushin, the 4th and 8th chapters of Bava Metzia, and the 3rd, 4th, 5th, 6th, and 7th chapters of Bava Basra.
FOOTNOTES
1.Lev. 25:14.
2.Bava Metzia 47b.
3.Ibid., 99a.
4.Such as building something on the land.
5.See Kiddushin 26a.

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Rambam:

• 1 Chapter a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 25
Sanhedrin veha`Onashin haMesurin lahem - Chapter 25
Halacha 1
It is forbidden for a judge to assert himself in a lordly and haughty manner over his community. Instead, he should conduct himself with humility and awe. Any leader who casts unnecessary fear upon the community not for the sake of heaven will be punished. And he will not see a son who is a Torah scholar, as implied by a non-literal reading of Job 37:24: "Therefore people fear him - he will never see anyone with a wise heart."
Halacha 2
Similarly, a judge may not treat them with capriciousness even though they are common people. He should not step over the heads of the holy people. Even though they are simple people and lowly, they are the descendants of Abraham, Isaac, and Jacob and the hosts of God whom He led out of Egypt with great power and a strong hand. He should patiently bear the difficulty of the community and their burden like Moses our teacher, as Numbers 11:12 states concerning him: "As a nursemaid will carry an infant." And Deuteronomy 1:16 states: "And I commanded your judges." This is a admonition to the judges to bear the community like a nursemaid carries an infant.
Take an example from Moses, the master of all prophets whom the Holy One, blessed be He, sent to Egypt, about whom Exodus 6:12 states: "And I commanded them concerning the children of Israel." The Oral Tradition relates that God told Moses and Aaron to accept this mission even though the people would curse them and stone them.
Halacha 3
Just as a judge is commanded to fulfill this mitzvah; so, too, the community is commanded to show honor to a judge, as Deuteronomy 1:18 states: "And I commanded you...." This is a command to the community that they should treat a judge with awe. He should not act in a demeaning manner in their presence, nor should he conduct himself in a frivolous manner.
Halacha 4
When a person is given a position of leadership over the community, he is forbidden to perform work in the presence of three people, lest he be demeaned in their eyes. Now if performing work in public is forbidden to him, certainly, it is forbidden for him to eat and drink or to become intoxicated in the presence of people at large and in the gatherings of the common people and in friendly get-togethers. Woe to those judges who conduct themselves in this manner, disgracing the Torah of Moses. They debase its judgments and lower them to the earth, casting them in the dust, bringing about harm to them and their descendants in this world and in the world to come.
Halacha 5
It is forbidden to conduct oneself capriciously in relation to the agent sent by the court. For the word of the court's agent is accepted as that of two witnesses with regard to the question of ostracism. Were he to say: "So-and-so disgraced me," "...disgraced the judge," or "...refused to appear in court," that person is ostracized on the basis of his statements. We do not, however, have a document recording the ban of ostracism composed until two witness come and testify that he refused to appear in the court.
Halacha 6
An agent of the court is not liable for relating unfavorable gossip for telling the court about these matters. Whenever anyone causes aggravation to the agent of the court, the court has the license to have "stripes for rebellious conduct" administered to him.
Halacha 7
When the agent of the court orders a person to appear in court, saying: "So-and-so sent me," and mentioning the name of only one of the judges, a document declaring his ostracism cannot be composed against the litigant unless the agent summons him in the name of all three judges.
When does the above apply? When the agent went and conveyed this message on a day on which it was not known that the court to hold session. On a day on which it is known to hold session, by contrast, everyone knows that all of the judges gather together. Even though the agent came and conveyed the message in the name of only one judge, it is as if he came in the name of all three.
Halacha 8
When a person is summoned by the court and does not appear in court, a ban of ostracism is pronounced against him. This ban is recorded in a legal document; he is liable to pay the fee of the scribe who composes the document. When he comes to court, this document is torn.
If such a document was composed because a litigant did not accept a judgment, it may be torn up when he states that he is willing to accept it. When a court summons a litigant to appear on a certain day and he does not appear at all that day, a document recording the ban of ostracism is composed that evening.
When does the above apply? When he lived in the city and stubbornly refused to come. If, however, he lived in the outlying villages and would go in and go out from the city at times, we summon him to appear in court on Monday, Thursday, and the following Monday. If the second Monday passes without him appearing, we do not compose a ban of ostracism until the following day.
Halacha 9
We do not summon a person to court during the month of Nissan, nor during the month of Tishrei, because the people are occupied with the preparations for the festivals. Nor is a summons issued for Friday, or for the day preceding a festival. We do, however, issue a summons in Nissan, for him to appear after Nissan, and a summons in Tishrei, for him to appear after Tishrei. We do not, however, issue a summons on Friday for a litigant to appear after the Sabbath. The rationale is that everyone is busy on Friday.
10 When a person was located in a city and the agent of the court went to summon him, but could not find him, a court date is not set until the agent finds him and conveys this information.
Different rules apply if he lives in a village outside the city. If he is accustomed to coming on that day, the agent may tell one of his neighbors, even a woman: "If so-and-so comes, inform him that the court summoned him to appear at this time." If he does not come that day, he is placed under a ban of ostracism that evening.
When does the above apply? When the way which he is wont to follow does not pass the place of the court. If, however, his path passes the court, he is not placed under a ban of ostracism until the agent notifies him himself. For perhaps the neighbors will not notify him. For they will rationalize: "His path passes past the entrance to the court. Certainly, he visited them and was released." Similarly, if he will not come into the city until the following day, we do not rely on the neighbors, for perhaps they will forget and fail to notify him.
Halacha 11

The following laws apply when a person comes to the court and accepts the judgment issued against him, he is told to make financial restitution, but does not do so. He is not placed under a ban of ostracism until he is given a warning on Monday, Thursday, and the following Monday. If he does not pay by that time, he is placed under a ban of ostracism until he pays what he is liable. If he waits 30 days and does not seek to have the ban of ostracism lifted, he is excommunicated.
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Rambam:
• 3 Chapters a Day: Sheluchin veShuttafin Sheluchin veShuttafin - Chapter Five, Sheluchin veShuttafin Sheluchin veShuttafin - Chapter Six, Sheluchin veShuttafin Sheluchin veShuttafin - Chapter Seven
Sheluchin veShuttafin - Chapter Five
Halacha 1
When a person enters into a partnership agreement without making any stipulations, he should not deviate from the local custom followed with regard to that merchandise. He should not take the merchandise and travel to another place, enter into a partnership with other individuals, be involved with other merchandise, sell it on an extended payment plan unless it is ordinarily sold in such a manner, nor should it be entrusted to others unless a stipulation to that effect was made at the outset or he did so with the consent of his colleague.
If a partner transgresses, and performs one of the above activities without the knowledge of his colleague, but when he informs him afterwards of what he did the other partner agrees, he is not liable. A kinyan is not necessary to formalize a partner's consent to any of the above matters; a verbal commitment is sufficient.
Halacha 2
When one of the partners transgresses and sells merchandise on credit, takes it on a sea voyage, travels with it to another place, does business with other merchandise at the same time, or the like, he alone is liable to pay for any loss that occurs because of his activity. If he profits from his activity, the profit should be split between the partners according to their stipulations regarding profit.
For this reason, the following rules apply when a person gives a colleague money to purchase wheat as part of a partnership agreement and the partner purchases barley, or he gives him money to purchase barley and he purchases wheat: if there is a loss, it is suffered by the one who transgressed. If there is a profit, it is split.
Similarly, if a partner entered into partnership with another person using funds belonging to the partnership, if there is a loss, the persons suffers it alone. If there is a profit, it is split. If, however, he entered into a partnership with another person with his own money: if there is a loss, the persons suffers it alone. If there is a profit, he alone receives the profit. If a stipulation was made between the partners, everything is concluded according to that stipulation.
Halacha 3
When a person gives a colleague money to purchase produce with the profits to be divided in half, the person given the money is permitted to purchase more of that produce for himself. When he sells the produce, he should not sell the two together. Instead, he should sell the produce owned jointly separately, and his own produce separately.
Similarly, he should not purchase wheat for himself and barley for his colleague.Instead, he should purchase wheat for the entire amount, or barley for the entire amount, so that the funds of them both should be equal in case of loss.
Halacha 4
When one of the partners says: "Let's take the merchandise to this and this place, where it is highly priced, and sell it there," the other partner may prevent him from doing so even if the first partner accepts responsibility for any loss by factors beyond his control or depreciation that may occur. The rationale is that the second partner may tell the first: "I do not desire to give you the money that is in my possession and then have to pursue you and bring you to court to expropriate it from you." Similar laws apply in all analogous situations.
Halacha 5
If one of the partners desires to let the produce age until the time when it is known to sell that produce, his colleague cannot prevent him from doing so. If there is no set time to sell this type of produce, his colleague can prevent him from aging the produce.
Halacha 6
When partners evaluated their produce, and then established a partnership with them, the laws of ona'ah apply to each of them. If they mixed their produce together without evaluating it, sold it, and then did business with the profits, they should evaluate the worth of the produce at the time the partnership was established, and appraise the profit or the loss accordingly.
Halacha 7
When custom collectors waived a fee from partners, each is granted an equal share. If the collectors say: "We waived the fee because of so and so," he alone is granted the value of the waiver.
The following rules apply when partners were traveling on the road and were attacked by thieves, who sought to steal the merchandise carried by the caravan.If one of the partners saved the goods from being taken, all the partners receive an equal share in what he saved. If he says: "I am saving it for myself," he has saved it for himself alone.
Halacha 8
When property is known to belong to the partnership, it is assumed that both partners have a share in its ownership throughout the entire duration of the partnership. This applies even though the property was located in the domain of only one of the partners. The partner in whose domain it is located may not claim that he purchased it from the other partner, or that he gave it to him as a present. In such an instance, we do not follow the principle: When a person desires to expropriate property from a colleague the burden of proof is on him. Instead, the property is assumed to belong to both partners unless one of them brings proof otherwise.
Halacha 9
When one of the partners desires to dissolve the partnership without the knowledge of his partner, he should divide the assets in the presence of three people. They may even be unlearned people, provided they are trustworthy and able to evaluate property. If a partner divides the assets in the presence of fewer than three people, his actions are of no consequence.
When does the above apply? When he divides produce. If, however, the partnership's assets were money, the money is considered as if it had been already divided. The partner may therefore divide the money outside the presence of a court and then deposit his colleague's share with the court for safe-keeping.
When does the above apply? When all the money is of one currency and of equal value. If, however, some coins are new and others old - and needless to say if some are considered desirable and others considered undesirable - the money is also considered as produce and should not be divided outside the presence of a court of three.
Halacha 10
It is forbidden for a person to enter into partnership with a gentile, lest his colleague be obligated to take an oath to him and he swear in the name of his false deity.
We have already explained in the appropriate place that it is forbidden to do business with produce that grows in the Sabbatical year, nor with firstborn animals, nor with animals that are trefah, nor with meat from dead animals, nor with produce that is terumah, nor with crawling or teeming animals. If a person transgresses and invests money belonging to a partnership in these, the profit should be divided among the partners. It appears to me that if he loses, he must bear the loss himself. This ruling is granted because he transgressed.
Halacha 11
When one of the members of a partnership or an investment agreement dies, the partnership or the investment agreement is nullified. This applies even if the agreement was originally made for a specific time. The rationale is that the money has already been transferred to the domain of the heirs. The Geonim ruled in accordance with this decision.
Sheluchin veShuttafin - Chapter Six
Halacha 1
When two partners both do business with the money belonging to the partnership, even if the money was originally invested by only one of them, their relationship is referred to as a partnership. If they lose or they profit, the loss or the profit is divided equally, or they may stipulate any other division of the profits or the losses, as we have explained.
If, however, only one of the partners was doing business with the money belonging to the partnership, even if the money was originally invested by both of them, this type of partnership is called an esek (an investment agreement). The person who does the buying and selling is called an administrator, for he alone is the one involved in the transactions. And the partner who is not involved in the business dealings is referred to as the investor.
Halacha 2
Our Sages ordained that whenever a person entrusts money to a colleague to use for business purposes, half of the money should be considered a loan. The administrator is responsible for this money even if it is destroyed by forces beyond his control. The second half is considered an entrusted object, and the investor is responsible for it. If the half that is considered an entrusted article is stolen or lost, the administrator is not liable to pay. Therefore, any profit that is earned by this half of the investment will belong to the investor.
According to this construct, the profit or the loss of the entire investment should not be equally divided between the investor and the administrator. For if this were the case, the investor would receive a profit for the half of his money that is an entrusted object without doing anything for it. The administrator is working for the sake of the half of the investment that was an entrusted article, because of the money that he was lent. Thus, this brings the two to avak ribit, the shade of interest.
What should be done if they desire that the profit or the loss be equally shared? The investor should pay the administrator the wages to be paid to an unemployed laborer of the profession in which he was involved. If the administrator has any other occupation in which he is involved aside from caring for this investment, the investor does not have to pay him a daily wage. Instead, even if he paid him only one dinar for the entire time of the partnership, this is sufficient. If the partnership lost or gained, the loss or profit should be divided equally.
Similarly, if the investor told the administrator: "In addition to the portion that is divided, you will receive one third or one tenth of the profit," since he has another occupation, it is permitted. If there is a loss, the loss is divided equally.
If the administrator is a sharecropper working the fields of the investor, and he has another business, he is not required to pay him any other wage at all. For a sharecropper is obligated to take care of the interests of the owner of the field.
Halacha 3
Our Sages also ordained that whenever a person gives a colleague money to use for a business and the investor did not desire to pay the administrator a wage, and they did not make any stipulation with regard to the division of the profits and the losses, the profit or the loss should be divided as follows: The wage of the administrator for handling the half of the investment that is considered an entrusted article is one third of the profit of that half, which is one sixth of the profit of the entire investment.
Therefore, if a profit is made, the administrator should receive two thirds of the profit: half of the profit stemming from the half of the investment that was a loan, and the sixth of the profit that is his wages for handling the money considered as an entrusted article. Thus, he receives two thirds of the profit.
If there is a loss, the administrator should bear a third of the loss. This figure is reached as follows: He is liable for half the loss because of the half [of the original investment that was a loan. He deserves a sixth of the loss as his wage for handling the half of the investment that was considered an entrusted article. Thus, his responsibility is one third of the loss. The investor must bear two thirds of the loss.
Halacha 4
There is an opinion that makes an error, maintaining that when a person makes an investment without making any stipulations with regard to the division of profits and losses, they should be divided as follows: If there is a profit, the administrator should receive half, but if there is a loss, he must bear only a third of the loss. This is not the rule unless they made an explicit stipulation to this effect.
Similarly, if they stipulated that if there be a loss the administrator should suffer half the loss, and if there be a profit he should be granted two thirds of the profit, this is permitted. Similarly, if they stipulated that if there be a profit, the administrator should receive one ninth and if there be a loss, he should lose one tenth, this stipulation is binding. The rationale is that they made a stipulation that the administrator should receive a greater share of the profit than his share of the loss, and he is granted this additional amount because of his work.
My teachers ruled that such a conditional agreement is not effective unless the administrator has another occupation. If he does not have another occupation, the profit that the administrator can receive must be at least a sixth more than the loss he could suffer, as we have explained. They maintain that a prohibition is involved, and the stipulation cannot supersede it. This ruling does not appear correct to me.
Halacha 5
My teachers ruled that if a stipulation was made that the administrator should receive three fourths of the profit and the investor only one portion, only one fourth of the money will be considered an entrusted article and three fourths will be considered a loan. Therefore, if there is a loss, the administrator should bear three fourths of the loss, minus a twelfth. The investor should suffer a fourth of the loss plus a twelfth - i.e., one third of the entire loss.
What is implied? The investor gave the administrator 100 dinarim according to this stipulation, and they lost 24 dinarim, the investor should lose eight, and the administrator sixteen.
These ratios should be followed at all times. Whenever there is a profit, the investor should receive the share of the profit that was stipulated. If there is a loss, he should bear that same proportion of the loss, but should be given one third of the investor's portion. Thus, according to this approach, if it was agreed that the administrator would receive a fourth of the profits, he does not lose anything if there is a loss. For in place of the fourth of the loss that he is required to bear, he is due one third of the portion of the owner - i.e., one fourth. And so, one cancels out the other.
These authorities maintain that similar principles apply if a stipulation was made regarding losses without mentioning profits. If a loss was incurred, the administrator must bear the loss as stipulated. If a profit was made, the administrator should receive the share of the loss that he was supposed to bear, plus one third of the portion to be received by the investor.
What is implied? If a stipulation was made that in the event of a loss, the administrator should bear one fourth of the loss. If there is a loss, he must pay the investor one fourth. If there is a profit, the administrator receives half the profit.
Although the rules that they issued are words of logic, if these principles are followed, it is possible for the administrator to cause a loss and yet receive profit.
What is implied? It was stipulated that the administrator should receive one seventh of the profit. A loss was incurred. Thus, the administrator should receive as a wage one seventh in addition to this loss.
How is this illustrated? They suffered a loss of seven dinarim. The administrator will tell the investor: "I owe you one dinar according to our stipulation, but you owe me two dinarim, which is one third of the portion of the entrusted article." Thus, the investor is obligated to pay him a dinar as wages for losing seven dinarim. And if he had lost fourteen dinarim, the investor would have to pay him two dinarim as wages. This is an unfathomable matter, which cannot be accepted by logic. To me, it appears like a dream.
Instead, the proper approach and the true law appears to me as follows: If there is a loss, the administrator should bear as a loss two thirds of the percentage he would receive if there were a profit. Similarly, if they made a stipulation concerning a loss and they profited, the administrator should receive the portion he would lose in the event of a loss, plus a third of the share of his colleague. Thus, according to this approach, if a stipulation was made that the administrator should receive one fourth of the profit and he incurred a loss, he should pay one sixth of the loss. And if a stipulation was made that he should lose a fourth and he profited, he should receive a half. Following this approach will not lead to unthinkable results, and there will be expressed a law that is just.
Sheluchin veShuttafin - Chapter Seven
Halacha 1
When a person gives money to a colleague to use for business purposes without making any stipulation, or explicitly states that they will share the profit and the losses equally, and the money is lost, there is an opinion that states that if only a portion of the money is lost, the administrator should pay the investor one third, as we have explained. It appears to me, however, that the administrator should pay the half that is a loan. Our Sages' statement that he should bear one third of the loss applies when the loss is not great enough for the investor to receive less than half of his money.
What is implied? Reuven gave Shimon 120 dinarim to invest in a business. Shimon did business with the money and lost ninety dinarim. Shimon should pay 30. Thus, Reuven receives 60.
If, however, Shimon lost 105 dinarim, we do not say that Shimon must pay only 35 dinarim. For if so, Reuven will receive only 50, and Reuven should never receive less than 60.
For this reason, if a legal document recording an investment contract involving the deceased father of orphans was presented against them, the possessor of the contract must take an oath. Afterwards, he is entitled to collect the half that is a loan. This applies even though we always advance arguments in support of an heir. Thus, we can derive from this that an investor never receives less than half.
Why do I not say that the extent of the loss the administrator must bear should be reduced in consideration of his wage for taking care of the portion of the investment considered as an entrusted article? Because the entire half considered as an entrusted article was lost, and no portion remained. Hence, it is not appropriate to say that if he does not receive a wage, his efforts will appear as interest. For all that he receives is the portion that he gave as a loan.
Similarly, if it is stipulated that the administrator would receive one fourth of the profit, in the event of the loss of the entire investment, he must pay the entire fourth that was given to him as a loan. If, however, enough of the money remains so that if the administrator adds one sixth of the loss to the small portion that remains, the investor would receive a fourth or more of his original investment, the administrator is required to pay only one sixth of the loss, because of the reasons we have explained.
Halacha 2
When an administrator loses money and then labors until he profits, he cannot tell the investor: "Let us first calculate the loss that we suffered originally, of which you will bear two thirds. And then we will calculate the profit that we accrued at the end, of which you will receive only a third." Instead, we calculate only the profit or the loss that was ultimately arrived at. And the administrator receives only a share of the profit that he gained beyond the principal.
Halacha 3
When an investor gives an administrator 200 curtains for 200 dinarim in an iska agreement, and composes two separate legal documents concerning the partnership, the administrator may calculate each legal document as a separate investment. The investor caused himself a loss.
If he gave him 100 curtains for 100 dinarim and then gave him another investment of 100 barrels of wine for 100 dinarim, but wrote one investment contract for 200 dinarim, they must consider it a single contract. The administrator caused himself a loss.
What is implied? If he sold the 100 curtains for 130 dinarim and the hundred barrels for 70, the investor receives the entire amount, because one contract was composed, and the administrator did not make any profit. If, however, he had left them as two separate investments as they originally were, the administrator would have earned a profit of 20 dinarim in the deal involving the cloth, and would have lost 10 in the deal involving the barrels. Thus, he would have earned a total profit of 10 dinarim. The same principles apply in all analogous situations.
Halacha 4
An administrator may not divide the money or the merchandise he was entrusted, saying; "I will take the half that I was given as a loan for myself and do business with it, and I will place the half that is considered an entrusted object in the court for safekeeping." For he was given this money solely with the intent that he do business with the entire amount. If he dissolved the investment contract and did the above, even if he entrusted the money to the nation's highest court, his actions are of no consequence. The profit or the loss should be divided among them according to the principles we have explained.
Halacha 5
When an administrator gives other people a present from movable property belonging to the investment agreement or from money belonging to the investment, and the investor brings clear proof that this movable property or this money belongs to the investment, it may be expropriated from the recipient. Even if the recipient changed it, sold it or gave it away as a present to others, or destroyed it, the administrator is obligated to pay for it, provided the investor brings definite proof that the recipient was given property or funds belonging to the investment.
We have already explained that if the administrator dies, the investor may take an oath and collect half of the money invested. If there are witnesses who testify that merchandise was purchased with the money of the investment, the investor may take it without taking an oath. Similarly, no other creditors or wives of the administrator may expropriate anything from these goods unless there was a profit. For the portion of the profit belonging to the deceased belongs to his heirs, and from that portion, his creditors and wives may expropriate money that is due them.
Halacha 6
When a person gives a colleague money to purchase produce, with the profits to be split among them, and the colleague fails to do so, all the investor has against him are complaints. If he has definite proof that he purchased produce and then sold it, he may expropriate the profit from him against his will.
Halacha 7
When a person gives a colleague money to purchase produce with the profits to be split among them, the colleague may purchase any type that he desires. He should not, however, buy garments, wood or the like.
When a person hires a colleague to run a store with the profits to be split among them, if the person hired as the storekeeper is a craftsman, he should not work at his craft, for his attention is not focused on the store while he is working at his craft. If, however, his partner was present in the courtyard at that time, it is permitted. The person hired as the storekeeper should not purchase and sell other merchandise. If he does, the profit should be split.
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Hayom Yom:
Sunday, 25 Tishrei 5775 • 19 October 2014

"Today's Day".
Sunday, Tishrei 25, 5704
Torah lessons: Chumash: Noach, first parsha with Rashi.
Tehillim: 119, 1-96.
Tanya: XXV. "To comprehend (p. 533) ...spoken at all. (p. 535).
Ten melodies, some only singular stanzas, are attributed to the Alter Rebbe as having been composed by him.
Those attributed to the Mitteler Rebbe were composed in his time and sung in his presence, but he did not compose them. He had a group of musically-gifted young men known as "the Mitteler Rebbe's kapelle," divided into two groups, vocalists (baalei shir) and musicians who played various instruments (baalei zimra).
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Daily Thought:
G‑d in Action
G‑d is better grasped in actions than in ideas.(Rosh Chodesh Elul, sicha 1, 5740.)
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