Chabad - Today in Judaism - TODAY IS: Sunday, 2 Cheshvan 5775 • 26 October 2014

Chabad - Today in Judaism - TODAY IS: Sunday, 2 Cheshvan 5775 • 26 October 2014 
Today's Laws & Customs:

Today in Jewish History:
DAILY QUOTE:
It is a singular, tremendous privilege if the Almighty grants a person an aptitude for, and a delight in, doing a fellow Jew a favor. If the Almighty grants a person that his fellow man will be more dear to him than himself... It is worth one's while to toil five hours a day for five days -- toil of the body and toil of the soul -- to comprehend the Divine, if the result is that one truly desires to do a favor to a fellow...(Rabbi Sholom DovBer of Lubavitch (1860-1920))

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Lech-Lecha, 1st Portion (Genesis 12:1-12:13) with Rashi
• Chapter 12
1. And the Lord said to Abram, "Go forth from your land and from your birthplace and from your father's house, to the land that I will show you. א. וַיֹּאמֶר יְהֹוָה אֶל אַבְרָם לֶךְ לְךָ מֵאַרְצְךָ וּמִמּוֹלַדְתְּךָ וּמִבֵּית אָבִיךָ אֶל הָאָרֶץ אֲשֶׁר אַרְאֶךָּ:
Go forth: Heb. לֶךְ לְךָ, lit. go to you, for your benefit and for your good, and there I will make you into a great nation, but here, you will not merit to have children. Moreover, I will make your character known in the world. — [from Rosh Hashanah 16b, Tan.]
לך לך: להנאתך ולטובתך, ושם אעשך לגוי גדול, וכאן אי אתה זוכה לבנים. ועוד שאודיע טבעך בעולם:
from your land: Now had he not already gone out of there with his father and come as far as Haran? Rather, thus did He say to him, “Distance yourself more from there and leave your father’s house.”
מארצך: והלא כבר יצא משם עם אביו ובא עד לחרן, אלא כך אמר לו התרחק עוד משם וצא מבית אביך:
that I will show you: He did not reveal the land to him immediately, in order to make it dear in his eyes and to give him reward for every command. Similarly (below 22:2): “your son, your only one, whom you love, Isaac.” Similarly (ibid.):  “on one of the mountains that I will say to you.” Similarly (Jonah 3:2): “and proclaim upon it the proclamation that I will speak to you.” [from Gen. Rabbah 39:9]
אל הארץ אשר אראך: לא גלה לו הארץ מיד, כדי לחבבה בעיניו, ולתת לו שכר על כל דבור ודבור. כיוצא בו (בראשית כב ב) את בנך את יחידך אשר אהבת את יצחק, כיוצא בו (כב ב) על אחד ההרים אשר אומר אליך, כיוצא בו (יונה ג ב) וקרא עליה את הקריאה אשר אנכי דובר אליך:
2. And I will make you into a great nation, and I will bless you, and I will aggrandize your name, and [you shall] be a blessing. ב. וְאֶעֶשְׂךָ לְגוֹי גָּדוֹל וַאֲבָרֶכְךָ וַאֲגַדְּלָה שְׁמֶךָ וֶהְיֵה בְּרָכָה:
And I will make you into a great nation: Since traveling causes three things: 1) it diminishes procreation, 2) it diminishes money, and 3) it diminishes fame (lit. name), therefore, he required these three blessings, namely that He blessed him concerning children, concerning money, and concerning fame. (Other editions: And this is the meaning of and I will aggrandize your name. I will add a letter to your name, for until now, your name was אַבְרָם. From now on [your name will be] אַבְרָהָם, and אַבְרָהָם equals 248, corresponding to a person’s limbs. (Found in an old Rashi . — [from Gen. Rabbah 39:11; Tan. Buber, Chaye Sarah 6)
ואעשך לגוי גדול: לפי שהדרך גורמת לשלשה דברים ממעטת פריה ורביה, וממעטת את הממון, וממעטת את השם, לכך הוזקק לשלש ברכות הללו שהבטיחו על הבנים, ועל הממון, ועל השם. (וזהו ואגדלה שמך, הריני מוסיף אות על שמך, שעד עכשיו שמך אברם מכאן ואילך אברהם, ואברהם עולה רמ"ח כנגד איבריו של אדם):
and I will bless you: with money (Genesis Rabbah 39:11).
ואברכך: בממון:
and [you shall] be a blessing: The blessings are entrusted into your hand. Until now, they were in My hand; I blessed Adam and Noah. From now on, you may bless whomever you wish. (Gen. Rabbah) (ad loc.). Another explanation: “And I will make you into a great nation”: This is [the basis] of saying “the God of Abraham.” “And I will bless you”: This is [the basis] of saying “the God of Isaac.” “And I will aggrandize your name”: This is [the basis] of saying “the God of Jacob” [in the initial benediction of the Silent Prayer]. You might think that [the first benediction of the Silent Prayer] should be concluded [by mentioning] them all. Therefore, Scripture states: “and [you shall] be a blessing”: with you they will conclude, and not with them. [i.e., the closing of the blessing is “the shield of Abraham,” and not “the shield of Abraham, Isaac, and Jacob.”] [from Pes. 117b]
והיה ברכה: הברכות נתונות בידך, עד עכשיו היו בידי, ברכתי את אדם ואת נח ואותך, ומעכשיו אתה תברך את אשר תחפוץ. דבר אחר ואעשך לגוי גדול זהו שאומרים אלהי אברהם, ואברכך זהו שאומרים אלהי יצחק, ואגדלה שמך זהו שאומרים אלהי יעקב. יכול יהיו חותמין בכולן, תלמוד לומר והיה ברכה, בך חותמין ולא בהם:
3. And I will bless those who bless you, and the one who curses you I will curse, and all the families of the earth shall be blessed in you." ג. וַאֲבָרְכָה מְבָרֲכֶיךָ וּמְקַלֶּלְךָ אָאֹר וְנִבְרְכוּ בְךָ כֹּל מִשְׁפְּחֹת הָאֲדָמָה:
shall be blessed in you: There are many aggadoth, but this is its simple meaning: A man says to his son, May you be like Abraham. And so is every instance of [the words] “shall be blessed with you” in Scripture. And the following [text] proves this (below 48:20):“With you, Israel shall bless, saying: May God make you like Ephraim and like Manasseh.” - [from Sifrei, Naso 18]
ונברכו בך כל משפחות האדמה: יש אגדות רבות, וזהו פשוטו אדם אומר לבנו תהא כאברהם, וכן כל ונברכו בך שבמקרא, וזה מוכיח (בראשית מח כ) בך יברך ישראל לאמר ישימך א-להים כאפרים וכמנשה:
4. And Abram went, as the Lord had spoken to him, and Lot went with him, and Abram was seventy five years old when he left Haran. ד. וַיֵּלֶךְ אַבְרָם כַּאֲשֶׁר דִּבֶּר אֵלָיו יְהֹוָה וַיֵּלֶךְ אִתּוֹ לוֹט וְאַבְרָם בֶּן חָמֵשׁ שָׁנִים וְשִׁבְעִים שָׁנָה בְּצֵאתוֹ מֵחָרָן:
5. And Abram took Sarai his wife and Lot his brother's son, and all their possessions that they had acquired, and the souls they had acquired in Haran, and they went to go to the land of Canaan, and they came to the land of Canaan. ה. וַיִּקַּח אַבְרָם אֶת שָׂרַי אִשְׁתּוֹ וְאֶת לוֹט בֶּן אָחִיו וְאֶת כָּל רְכוּשָׁם אֲשֶׁר רָכָשׁוּ וְאֶת הַנֶּפֶשׁ אֲשֶׁר עָשׂוּ בְחָרָן וַיֵּצְאוּ לָלֶכֶת אַרְצָה כְּנַעַן וַיָּבֹאוּ אַרְצָה כְּנָעַן:
and the souls they had acquired in Haran: whom he had brought under the wings of the Shechinah. Abraham would convert the men, and Sarah would convert the women, and Scripture ascribes to them [a merit] as if they had made them (Gen. Rabbah 39:14). (Hence, the expression אֲשֶׁר עָשׂוּ, lit. that they made.) The simple meaning of the verse is: the slaves and maidservants that they had acquired for themselves, as in [the verse] (below 31:1): “He acquired (עָשָׂה) all this wealth” [an expression of acquisition]; (Num. 24:18): “and Israel acquires,” an expression of acquiring and gathering.
אשר עשו בחרן: שהכניסן תחת כנפי השכינה, אברהם מגייר את האנשים, ושרה מגיירת הנשים, ומעלה עליהם הכתוב כאלו עשאום. ופשוטו של מקרא עבדים ושפחות שקנו להם, כמו (שם לא א) עשה את כל הכבוד הזה, (במדבר כד יח) וישראל עושה חיל, לשון קונה וכונס:
6. And Abram passed through the land, until the place of Shechem, until the plain of Moreh, and the Canaanites were then in the land. ו. וַיַּעֲבֹר אַבְרָם בָּאָרֶץ עַד מְקוֹם שְׁכֶם עַד אֵלוֹן מוֹרֶה וְהַכְּנַעֲנִי אָז בָּאָרֶץ:
And Abram passed through the land: He entered therein.
ויעבר אברם בארץ: נכנס לתוכה:
until the place of Shechem: to pray for Jacob’s sons when they would come to wage war in Shechem. [from unknown midrashic source, also quoted by Redak]
עד מקום שכם: להתפלל על בני יעקב כשיבאו להלחם בשכם:
until the plain of Moreh: That is Shechem. He showed him Mount Gerizim and Mount Ebal, where Israel accepted the oath of the Torah. [from aforementioned midrashic source]
אלון מורה: הוא שכם, הראהו הר גריזים והר עיבל ששם קבלו ישראל שבועת התורה:
and the Canaanites were then in the land: He [the Canaanite] was gradually conquering the Land of Israel from the descendants of Shem, for it fell in Shem’s share when Noah apportioned the land to his sons, as it is said (below 14: 18):“And Malchizedek the king of Salem.” Therefore, (below verse 7): And the Lord said to Abram: To your seed will I give this land. I am destined to restore it to your children, who are of the descendants of Shem. [from Sifra, end of Kedoshim]
והכנעני אז בארץ: היה הולך וכובש את ארץ ישראל מזרעו של שם, שבחלקו של שם נפלה כשחלק נח את הארץ לבניו, שנאמר (בראשית יד יח) ומלכי צדק מלך שלם, לפיכך (פסוק ז) ויאמר ה' אל אברהם לזרעך אתן את הארץ הזאת, עתיד אני להחזירה לבניך שהם מזרעו של שם:
7. And the Lord appeared to Abram, and He said, "To your seed I will give this land," and there he built an altar to the Lord, Who had appeared to him. ז. וַיֵּרָא יְהֹוָה אֶל אַבְרָם וַיֹּאמֶר לְזַרְעֲךָ אֶתֵּן אֶת הָאָרֶץ הַזֹּאת וַיִּבֶן שָׁם מִזְבֵּחַ לַיהֹוָה הַנִּרְאֶה אֵלָיו:
and there he built an altar: [in thanksgiving] for the good tidings concerning his descendants and the good tidings concerning the Land of Israel. [from Gen. Rabbah 39:15-16]
ויבן שם מזבח: על בשורת הזרע ועל בשורת ארץ ישראל:
8. And he moved from there to the mountain, east of Beth el, and he pitched his tent; Beth el was to the west and Ai was to the east, and there he built an altar to the Lord, and he called in the name of the Lord. ח. וַיַּעְתֵּק מִשָּׁם הָהָרָה מִקֶּדֶם לְבֵית אֵל וַיֵּט אָהֳלֹה בֵּית אֵל מִיָּם וְהָעַי מִקֶּדֶם וַיִּבֶן שָׁם מִזְבֵּחַ לַיהֹוָה וַיִּקְרָא בְּשֵׁם יְהֹוָה:
And he moved from there: his tent.
ויעתק משם: אהלו:
east of Beth-el: Heb. מִקֶּדֶם, from the east of Beth-el. Hence, Beth-el was to his west. That is what the Torah means by “Beth-el was in the west.”
מקדם לבית אל: במזרחה של בית אל. נמצאת בית אל במערבו, והוא שנאמר בית אל מים:
his tent: According to the masoretic text, it is written אהלה, which can be read אָהֳלָה, her tent. First he pitched his wife’s tent and afterwards his own (Gen. Rabbah 39:15).
אהלו: אהלה כתיב, בתחלה נטה את אהל אשתו ואחר כך את שלו:
and there he built an altar: He prophesied that his sons were destined to stumble there because of the iniquity of Achan, and he prayed there for them. [from Gen. Rabbah 39:16, Yelammedenu]
ויבן שם מזבח: נתנבא שעתידין בניו להכשל שם על עון עכן והתפלל שם עליהם:
9. And Abram traveled, continually traveling southward. ט. וַיִּסַּע אַבְרָם הָלוֹךְ וְנָסוֹעַ הַנֶּגְבָּה:
continually traveling: lit. going and traveling. [He traveled] in intervals, staying here for a month or more, traveling from there, and pitching his tent elsewhere. And all his travels were southward, to go to the south of the Land of Israel, and that is to the direction of Jerusalem, (The meaning is that Jerusalem was in the middle of the world and the end of the Land of Israel. So it is explained in Isaiah.) which is in the territory of Judah, who took [his portion] in the south of the Land of Israel, to Mount Moriah, which was his [Judah’s] heritage. (Gen. Rabbah 39:16). [Note that the parenthetic addendum appears in several editions of Rashi , but its connection to this verse is obscure, because the location of Jerusalem in the middle of the world is irrelevant.]
הלוך ונסוע: לפרקים, יושב כאן חדש או יותר ונוסע משם ונוטה אהלו במקום אחר, וכל מסעיו הנגבה ללכת לדרומה של ארץ ישראל והוא לצד ירושלים שהיא בחלקו של יהודה, שנטלו בדרומה של ארץ ישראל הר המוריה שהיא נחלתו:
10. And there was a famine in the land, and Abram descended to Egypt to sojourn there because the famine was severe in the land. י. וַיְהִי רָעָב בָּאָרֶץ וַיֵּרֶד אַבְרָם מִצְרַיְמָה לָגוּר שָׁם כִּי כָבֵד הָרָעָב בָּאָרֶץ:
a famine in the land: in that land alone, to test him, whether he would think ill of the words of the Holy One, blessed be He, Who ordered him to go to the Land of Canaan, and now He was forcing him to leave it. [from Pirkei d’Rabbi Eliezer , ch. 26]
רעב בארץ: באותה ארץ לבדה, לנסותו אם יהרהר אחר דבריו של הקב"ה שאמר לו ללכת אל ארץ כנען, ועכשיו משיאו לצאת ממנה:
11. Now it came to pass when he drew near to come to Egypt, that he said to Sarai his wife, "Behold now I know that you are a woman of fair appearance. יא. וַיְהִי כַּאֲשֶׁר הִקְרִיב לָבוֹא מִצְרָיְמָה וַיֹּאמֶר אֶל שָׂרַי אִשְׁתּוֹ הִנֵּה נָא יָדַעְתִּי כִּי אִשָּׁה יְפַת מַרְאֶה אָתְּ:
Behold now I know: The Midrash Aggadah (Tan. Lech Lecha 5) [states that] until now, he did not recognize her [beauty] because of the modesty of both of them, but now he recognized her [beauty] through an incident. Another explanation: It is customary that through the hardship of travel, a person becomes unattractive, but she remained with her beauty. The simple meaning of the verse is: Behold, now the time has arrived when we must be concerned about your beauty. I have known already for a long time that you are of fair appearance, but now we are coming among black and ugly people, the brothers of the Cushites, and they are not accustomed to a beautiful woman. Similar to this (below 19:2): “Behold now, my lords, please turn.” - [from Gen. Rabbah 40:4]
הנה נא ידעתי: מדרש אגדה עד עכשיו לא הכיר בה מתוך צניעות שבשניהם, ועכשיו על ידי מעשה הכיר בה. דבר אחר מנהג העולם שעל ידי טורח הדרך אדם מתבזה, וזאת עמדה ביופיה. ופשוטו של מקרא הנה נא הגיע השעה שיש לדאוג על יפיך, ידעתי זה ימים רבים כי יפת מראה את, ועכשיו אנו באים בין אנשים שחורים ומכוערים, אחיהם של כושים, ולא הורגלו באשה יפה. ודומה לו (בראשית יט ב) הנה נא אדוני סורו נא:
12. And it will come to pass when the Egyptians see you, that they will say, 'This is his wife,' and they will slay me and let you live. יב. וְהָיָה כִּי יִרְאוּ אֹתָךְ הַמִּצְרִים וְאָמְרוּ אִשְׁתּוֹ זֹאת וְהָרְגוּ אֹתִי וְאֹתָךְ יְחַיּוּ:
13. Please say [that] you are my sister, in order that it go well with me because of you, and that my soul may live because of you." יג. אִמְרִי נָא אֲחֹתִי אָתְּ לְמַעַן יִיטַב לִי בַעֲבוּרֵךְ וְחָיְתָה נַפְשִׁי בִּגְלָלֵךְ:
in order that it go well with me because of you: They will give me gifts.
למען ייטב לי בעבורך: יתנו לי מתנות:
___________________________
Daily Tehillim: Psalms Chapters 10-17
• Chapter 10
This psalm tells of the wicked one’s prosperity and his boasting of it, until he says: “There is neither law nor judge. God pays no attention to the actions of mere mortals.”
1. Why, O Lord, do You stand afar, do You hide Yourself in times of distress?
2. The wicked man in his arrogance pursues the poor; they are caught by the schemes they have contrived.
3. For the wicked man glories in the desire of his heart, and the robber boasts that he has scorned the Lord.
4. The wicked one in his insolence [thinks], “He does not avenge”; all his thoughts are, “There is no God.”
5. His ways always succeed; Your retribution is far removed from before him; he puffs at all his foes.
6. He says in his heart, “I shall not falter; for all generations no evil will befall me.”
7. His mouth is full of oaths, deceit and malice; mischief and iniquity are under his tongue.
8. He sits in ambush near open cities; in hidden places he murders the innocent; his eyes stealthily watch for the helpless.
9. He lurks in hiding like a lion in his lair; he lurks to seize the poor, then seizes the poor when he draws his net.
10. He crouches and stoops, then the helpless fall prey to his might.
11. He says in his heart, “God has forgotten, He conceals His countenance, He will never see.”
12. Arise, O Lord! O God, lift Your hand! Do not forget the lowly.
13. Why does the wicked man scorn God? Because he says in his heart, “You do not avenge.”
14. Indeed, You do see! For You behold the mischief and vexation. To recompense is in Your power; the helpless place their trust in You; You have [always] helped the orphan.
15. Break the strength of the wicked; then search for the wickedness of the evil one and You will not find it.
16. The Lord reigns for all eternity; the nations have vanished from His land.
17. Lord, You have heard the desire of the humble; direct their hearts, let Your ear listen,
18. to bring justice to the orphan and the downtrodden, so that [the wicked] shall no longer crush the frail of the earth.
Chapter 11
This psalm declares that the suffering of the righteous one is for his own benefit, to cleanse him of his sins; whereas the wicked one is granted prosperity in this world-similar to the verse, "Wealth remains with its owner, to his detriment."
1. For the Conductor, by David. I have placed my trust in the Lord; [thus] how can you say of my soul, your mountain,1 that it flees like a bird?2
2. For behold, the wicked bend the bow, they have readied their arrow upon the bowstring, to shoot in darkness at the upright of heart.
3. They destroyed the foundations; 3 what [wrong] has the righteous man done?
4. The Lord is in His holy Sanctuary, the Lord's throne is in heaven, [yet] His eyes behold, His pupils probe [the deeds of] mankind.
5. The Lord tests the righteous, but He hates the wicked and the lover of violence.
6. He will rain down upon the wicked fiery coals and brimstone; a scorching wind will be their allotted portion.
7. For the Lord is righteous, He loves [the man of] righteous deeds; the upright will behold His countenance.
Chapter 12
This psalm admonishes informers, slanderers, and flatterers.
1. For the Conductor, upon the eight-stringed instrument, a psalm by David.
2. Help us, Lord, for the pious are no more; for the faithful have vanished from among men.
3. Men speak falsehood to one another; with flattering lips, with a duplicitous heart do they speak.
4. May the Lord cut off all flattering lips, the tongue that speaks boastfully-
5. those who have said, "With our tongues we shall prevail, our lips are with us, who is master over us!”
6. Because of the plundering of the poor, because of the moaning of the needy, the Lord says, "Now I will arise!" "I will grant deliverance," He says to him.
7. The words of the Lord are pure words, like silver refined in the finest earthen crucible, purified seven times.
8. May You, O Lord, watch over them; may You forever guard them from this generation,
9. [in which] the wicked walk on every side; when they are exalted it is a disgrace to mankind.
Chapter 13
A prayer for an end to the long exile. One in distress should offer this prayer for his troubles and for the length of the exile.
1. For the Conductor, a psalm by David.
2. How long, O Lord, will You forget me, forever? How long will You hide Your countenance from me?
3. How long must I seek counsel within my soul, [to escape] the grief in my heart all day? How long will my enemy be exalted over me?
4. Look! Answer me, O Lord, my God; give light to my eyes, lest I sleep the sleep of death.
5. Lest my enemy say, "I have overcome him," [and] my oppressors rejoice when I falter.
6. I have placed my trust in Your kindness, my heart will rejoice in Your deliverance. I will sing to the Lord, for He has dealt kindly with me.
Chapter 14
This psalm speaks of the destruction of the two Holy Temples-the first by Nebuchadnezzar, and the second by Titus.
1. For the Conductor, by David. The fool says in his heart, "There is no God!" [Man's] deeds have become corrupt and abominable, no one does good.
2. The Lord looked down from heaven upon mankind, to see if there was any wise man who searches for God.
3. They have all gone astray together, they have become corrupt; there is none who does good, not even one.
4. Indeed, all the evildoers, who devour My people as they devour bread, who do not call upon the Lord, will [ultimately] come to know [the consequences of their actions].
5. There they will be seized with fright, for God is with the righteous generation.
6. You scorn the counsel of the lowly, that he puts his trust in the Lord.
7. O that out of Zion would come Israel's deliverance! When the Lord returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 15
This psalm speaks of several virtues and attributes with which one should conduct oneself. He is then assured that his soul will rest in Gan Eden.
1. A psalm by David. Who may abide in Your tent, O Lord? Who may dwell on Your holy Mountain?
2. He who walks blamelessly, acts justly, and speaks truth in his heart;
3. who has no slander on his tongue, who has done his fellowman no evil, and who has brought no disgrace upon his relative;
4. in whose eyes a despicable person is abhorrent, but who honors those who are God-fearing; who does not change his oath even if it is to his own detriment;
5. who does not lend his money at interest, nor accept a bribe against the innocent. He who does these things shall never falter.
Chapter 16
When one is in need, he should not implore God in his own merit, for he must leave his merits for his children.
1. A michtam,1 by David. Watch over me, O God, for I have put my trust in You.
2. You, [my soul,] have said to God, "You are my Master; You are not obligated to benefit me.”
3. For the sake of the holy ones who lie in the earth, and for the mighty-all my desires are fulfilled in their merit.
4. Those who hasten after other [gods], their sorrows shall increase; I will not offer their libations of blood, nor take their names upon my lips.
5. The Lord is my allotted portion and my share; You guide my destiny.
6. Portions have fallen to me in pleasant places; indeed, a beautiful inheritance is mine.
7. I bless the Lord Who has advised me; even in the nights my intellect admonishes me.2
8. I have set the Lord before me at all times; because He is at my right hand, I shall not falter.
9. Therefore my heart rejoices and my soul exults; my flesh, too, rests secure.
10. For You will not abandon my soul to the grave, You will not allow Your pious one to see purgatory.
11. Make known to me the path of life, that I may be satiated with the joy of Your presence, with the bliss of Your right hand forever.
Chapter 17
A loftily person should not ask God to test him with some sinful matter, or other things. If one has sinned, he should see to reform himself, and to save many others from sin.
1. A prayer by David. Hear my sincere [plea], O Lord; listen to my cry; give ear to my prayer, expressed by guileless lips.
2. Let my verdict come forth from before You; let Your eyes behold uprightness.
3. You have probed my heart, examined it in the night, tested me and found nothing; no evil thought crossed my mind; as are my words so are my thoughts.
4. So that [my] human deeds conform with the words of Your lips, I guard myself from the paths of the lawbreakers.
5. Support my steps in Your paths, so that my feet shall not falter.
6. I have called upon You, for You, O Lord, will answer me; incline Your ear to me, hear what I say.
7. Withhold Your kindness-O You who delivers with Your right hand those who put their trust in You-from those who rise up against [You].
8. Guard me like the apple of the eye; hide me in the shadow of Your wings
9. from the wicked who despoil me, [from] my mortal enemies who surround me.
10. Their fat has closed [their hearts]; their mouths speak arrogantly.
11. They encircle our footsteps; they set their eyes to make us stray from the earth.
12. His appearance is like a lion longing to devour, like a young lion lurking in hiding.
13. Arise, O Lord! Confront him, bring him to his knees; rescue my soul from the wicked [who serves as] Your sword.
14. Let me be among those whose death is by Your hand, O Lord, among those who die of old age, whose portion is eternal life and whose innards are filled with Your concealed goodness; who are sated with sons and leave their abundance to their offspring.
15. Because of my righteousness, I shall behold Your countenance; in the time of resurrection, I will be sated by Your image.
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Tanya: Iggeret HaKodesh, middle of Epistle 25
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, 2 Cheshvan 5775 • 26 October 2014
Iggeret HaKodesh, middle of Epistle 25
ואחר הדברים והאמת האלה, הגלוים וידועים לכל, נחזור לענין ראשון בענין הכעס, שהוא כעובד עבודה זרה
After these words and this truth, which are manifest and known to all, let us return to the original subject, concerning anger — where a person [who is angry] is likened to an idolater.1
והיינו במילי דעלמא, כי הכל בידי שמים חוץ מיראת שמים
This is so only with regard to mundane matters, for2 “everything is in the hands of heaven except for the fear of heaven.”
Since everything is in G‑d’s hands there is no reason to become angry. However, with regard to matters involving the “fear of heaven,” anger does have a place.
ולכן במילי דשמיא, לאפרושי מאיסורא, לא שייך האי טעמא דאמרן
Hence with respect to heavenly matters, to3 “ward [a fellow Jew] from [transgressing] a prohibition,” the reason stated does not apply, for these matters are not in G‑d’s hands but in man’s.
וכמו שכתוב: ויקצוף משה
As it is written,4 “And Moses was angry.”
והיינו, משום כי ה׳ הקרה לפניו מצוה זו, לאפרושי מאיסורא, כדי לזכותו
This was because G‑d caused him to encounter this mitzvah of “warding [a fellow Jew] from [transgressing] a prohibition,” in order to make him meritorious.
Thus, this situation is obviously quite different from being angry at someone because of harm or offense.
* * *
אך זהו כשיש בידו למחות בקצפו וכעסו על חבירו
But this applies only when one is able to prevent [transgression] by his wrath and anger against his fellow-man; in such a case he is permitted to become angry, as did Moses.
אבל כשאין בידו למחות, כגון נכרי המדבר ומבלבלו בתפלתו
However, when he is unable to change the situation, as in the case of the gentile who talks and disturbs him while he is praying,
אם כן, מה זאת עשה ה׳ לו
[the question] then [arises]: What is this that G‑d has done to him, that a gentile should disrupt his prayers?
אין זאת כי אם שיתגבר, ויתאמץ יותר בתפלתו, בעומק הלב ובכוונה גדולה כל כך
This is so only in order that he prevail and strengthen himself ever more in his prayers, from the depths of his heart, and with such intense concentration
עד שלא ישמע דבורי הנכרי
that he will not hear the gentile’s talk.
אך שלמדרגה זו, צריך התעוררות רבה ועצומה
However, for such a level one needs a great and intense arousal.
ועצה היעוצה להתעוררות זו, היא מענין זה עצמו
And the counsel suggested to attain such an arousal, derives from this very subject.
כשישים אל לבו ויתבונן ענין ירידת השכינה כביכול, ותרד פלאים להתלבש ניצוץ מהארתה
One should consider and meditate on the concept of the descent of the Shechinah, as it were — how5 “it descended in wondrous fashion,” to have a spark of its radiance invested [within the kelipot].
אשר היא בבחינת גלות בתוך הקליפות, דרך כלל, להחיותם
It is generally in a state of exile among the kelipot, in order to animate them.
ועתה הפעם, ניצוץ הארתה מתלבש בבחינת גלות דרך פרט
And now, a spark of its radiation vests itself in a particular state of exile,
בדבור נכרי זה, המדבר דברים המבלבלים עבודת ה׳, היא כוונת התפלה
in the speech of this gentile who utters words that disturb one’s divine service, i.e., one’s devout concentration during prayer.
וכמו שכתוב לעיל, כי זה לעומת זה וכו׳
And, as explained above,6 “[G‑d created] this opposite that,” each element of the holy “side” of the universe having its unholy counterpart in the “other side,” the sitra achra.
ודבור העליון מתלבש בדבור התחתון וכו׳
Thus the Supernal speech vests itself in the nether speech, and so on.
I.e., Supernal speech vests itself in a lower degree of speech, ultimately descending through a self-screening chain of descent until it provides life-force even for the kelipot.
וזהו ממש: אשר שלט האדם באדם, לרע לו
This indeed is the meaning of the verse,7 “That man rules over man, to his detriment,” which was explained above in terms of the temporary dominion of the “evil man” (of kelipah) over the “sacred man” (the holy “side” of the universe).
When this gentile utilizes the spark which is exiled within himself to hinder a Jew who is trying to pray, the kelipot are manifestly ruling over the holy “side” of the universe. The forces of holiness, however, can thereby be invigorated and vitalized, when the worshiper reacts by upgrading his concentration.
This he will be prompted to do when he meditates on the above-described descent of the Shechinah into exile. And from this exile he will seek to liberate it.
In the words of the Alter Rebbe:
דהיינו, שעל ידי זה מתעורר האדם להתפלל יותר בכוונה, מעומקא דלבא, עד שלא ישמע דיבוריו
That is to say, that through this [meditation], the individual is aroused to pray with greater devotion, from the depth of his heart, until he will not hear [the gentile’s] words.
The above explains the statement of the Baal Shem Tov in Tzavaat HaRivash, that the Shechinah vests itself in this gentile. For everything in this world houses a spark of holiness, and within this gentile the spark is present in a state of exile, for the reason explained above.
* * *
ומה שכתב המלקט: שרתה
As for the compiler [of Tzavaat HaRivash] using the word shartah, meaning that the Shechinah “dwelt” or “abided” within this gentile,
לא ידע לכוין הלשון בדקדוק
he was unable to focus on the precise term.
כי הבעל שם טוב, זכרונו לברכה, היה אומר דברי תורה בלשון אשכנז, ולא בלשון הקודש
For the Baal Shem Tov, of blessed memory, used to deliver Torah teachings in Yiddish, not in the Holy Tongue.
The compiler, translating these discourses into Hebrew, transmitted their content, not their precise terminology. And in this case he erred.
ורצה לומר: נתלבשה
He really meant to say, nitlabshah (“became vested”), for shartah (“dwelt” or “abided”) implies that the Shechinah was revealed,
והיינו, בבחינת גלות
whereas [nitlabshah] means [that the Shechinah was vested] in a state of exile.
וזהו: ובפרט אם הוא נכרי
This [distinction] explains [the emphasis in Tzavaat HaRivash], “And especially if he is a gentile...,”
Were we to be speaking of a manifest indwelling of the Shechinah, how could it be said that the Divine Presence resides to a greater extent within this gentile who is disturbing a Jew at prayer, than within the worshiper? Rather, we are speaking of a self-obscuring investiture of the Shechinah within the gentile,
שאז היא בחינת גלות ביותר
for then it is so much more in exile.
ואין לתמוה אם ניצוץ מהארת שכינה, נקרא בשם שכינה
There is no need to wonder at a spark of the radiance of the Shechinah being referred to (in Tzavaat HaRivash) as Shechinah.
דהא אשכחן שאפילו מלאך נברא נקרא בשם ה׳, בפרשת וירא, לפירוש הרמב״ן
For we find that even a created angel, which is not a spark of the Shechinah, is referred to by G‑d’s Name in Parshat VaYeira, in the verse,8 “And he said, ‘Lord, do not pass by your servant,” according to the commentary of R. Moses Nachmanides (the Ramban);
וכמו שכתוב: ותקרא שם ה׳ הדובר אליה וכו׳, וכהאי גוונא טובא
and as it is likewise written,9 “And [Hagar] called the name of G‑d Who spoke to her...,” where we are explicitly told that we are speaking of an angel; and many more [passages] like this.
* * *
FOOTNOTES
1. Zohar I, 27b; III, 179a; Rambam, Hilchot De’ot 2:3 in the name of the “earliest sages” (חכמים הראשונים); et al.
2. Berachot 33b.
3. Shabbat 40b.
4. Bamidbar 31:14.
5. Cf. Eichah 1:9.
6. Kohelet 7:14.
7. Kohelet 8:9.
8. Bereishit 18:3.

9. Ibid. 16:13.
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Rambam: 
Daily Mitzvah P201 Sefer Hamitzvot
Today's Mitzvah
Sunday, 2 Cheshvan 5775 • 26 October 2014

Positive Commandment 201 (Digest)
Allowing Employees to Eat from the Crops
"When you come [to work] in your fellow's vineyard, you may eat grapes... When you enter your fellow's standing grain, you may pick the ears with your hand"—Deuteronomy 23:25.
An employer must allow his worker to eat, while working, from the produce which he is working on.
(See Negative Commandment 267 for more details on this allowance.)
The 201st mitzvah is that we are commanded to allow a hired worker to eat, when he is working, from the produce he is working with. This applies only if the produce is attached to the ground.
The source of this commandment is G‑d's statement1 (exalted be He), "When you come [to work] in your neighbor's vineyard, you may eat grapes...When you come [to work] in your neighbor's standing grain, you may take the ears with your hand."
In tractate Bava Metzia2 it is explained that these two verses teach that one may eat from the produce that is attached to the ground when the work is finished, and that neither verse would be sufficient without the other. This is similar to what was previously mentioned3 regarding the phrase of the Sages,4 "these are two verses, and without them both we could not derive the law." This is therefore a single positive mitzvah — i.e. that a hired worker is allowed to eat from produce which is attached to the ground — that is derived from two verses.
Our Sages5 explicitly stated that "they are permitted to eat by Torah law."6
The details of this mitzvah are explained in the 7th chapter of tractate Bava Metzia.7
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 23:25-26.
2.87.
3.P140. There the Rambam explains that this phrase shows that the two verses count as only one mitzvah rather than two.
4.Sifra, Behar, 2:1.
5.Bava Metzia 87a.
6.This statement shows that this law counts as one of the 613 commandments.
7.32a.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
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Rambam:

• 1 Chapter a Day: Edut - Chapter 6
Edut - Chapter 6
Halacha 1
As explained, the verification of the authenticity of the signatures of the witnesses to legal documents is a Rabbinic provision so that loans will be given freely. Nevertheless, we do not verify the authenticity of a legal document except in a court of three judges, for it is a judgment. Ordinary people, however, are acceptable to serve as the judges. For this reason, the authenticity of legal documents may not be verified at night, as we explained.
Halacha 2
The authenticity of the signatures of the witnesses to legal documents may be verified in any of five ways:
a) the judges recognize the handwriting of the witnesses and know that this is so-and-so's signature and that this is so-and-so's signature;
b) the witnesses sign the legal document in their presence;
c) the witnesses who signed come and each testifies in the presence of the judges saying, "This is my signature and I am a witness to this matter";
d) if the witnesses to the legal document died or they were in another locale, other witnesses may come and testify to the authenticity of their signatures;
e) if the witnesses' signatures were found on other legal documents, the court compares these signatures to the signatures on those documents, seeing that they resemble each other and the signatures on these documents match these signatures.
Halacha 3
The authenticity of the signatures of the witnesses to legal documents should not be verified from documents other than:
a) two deeds of sale from two fields whose owners benefited from them for three years in a proper and conspicuous manner without fear or dread from any claim in the world as all the owners of fields benefit from their properties; or b) two ketubot.
These two legal documents must be in the possession of another person and not in the possession of the person who seeks to validate his legal document, for it is possible he forged all the signatures. Similarly, we may validate a legal document by comparing the signatures of the witnesses to those on a legal document whose authenticity was challenged and then verified by a court of law. Such a legal document alone can be used to verify the authenticity of the signatures to a legal document just as a legal document can be validated by comparing it to the deeds of sale for two fields or two ketubot.
Halacha 4
When a court writes on a legal document: "In a sitting of three judges, the authenticity of this legal document was validated in our presence," it is validated even though they did not state in which of the five ways it was validated. For we do not suspect that the court erred. Nevertheless, it has already become accepted practice for all the courts which we have seen and about whom we have heard for the judges to describe the manner in which the document was validated.
Halacha 5
A court never checks whether another court validated a legal document in a correct manner. Instead, we act under the presumption that they were knowledgeable and did not err. We do, however, check the witnesses.
Halacha 6
When three judges sit to validate the authenticity of a legal document and one of them dies, the remaining judges should write: "We sat in a session of three judges, one of the judges exists no longer," lest an observer say: "A court of two judges validated it." Even if the validation states that it was performed by a court, it would be insufficient, lest an observer say: "Perhaps they thought that two judges could constitute a court." If their wording implied that there were three judges, there is no need to mention the death of the other judge.
Halacha 7
The following principles apply when there is a question if one of the judges was acceptable to serve in his position. For example, three judges sat to validate the authenticity of a legal document. Two witnesses came and challenged the propriety of one of the judges, saying that he was a robber or the like. Two others came and testified that he repented. If, before the judges signed, they testified that he repented, he may sign with them. For there were three acceptable judges at the time of the signing. If it was not until after the other two judges signed that the witnesses testified that he repented, the third judge may not sign together with them. For it is as if he did not exist at the time the other two signed.
When does the above apply? When his propriety was challenged because of a transgression. Different rules apply, however, when, however, his propriety was challenged because of a blemish in his lineage, e.g., they said: "His mother was never freed, and he is a servant," or "His mother never converted and he is a gentile." If after the other two judges signed, it was discovered that he does not have this type of blemished lineage and he is fit to serve as a judge, he may sign together with the other two. The rationale is that this is merely the revelation of a fact that existed previously.
Halacha 8
It is permitted to write the validation on the document before the signatures on the document are validated. For it is the judges' signing of the validation, not the writing of it that is of fundamental importance.
The judges do not have to read the legal document when they validate its authenticity. Instead, they validate it based on the signatures of the witnesses even if they do not know what was written in it.
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Rambam:
• 3 Chapters a Day: Sechirut - Chapter 7, Sechirut - Chapter 8, Sechirut - Chapter 9
Sechirut - Chapter 7
Halacha 1
Just as a person may make any stipulation that he desires with regard to a purchase or a sale; so, too, may he make any stipulation he desires with regard to a rental. For a rental is a sale for a limited amount of time.
Whenever a person's sale of his property is upheld, the rental of his property will also be upheld. Conversely, when a person is not granted power to sell his property, he may not rent out that property. The only exception is when all he owns is the right to the produce of the property. In such an instance, he may rent out the property, but he may not sell it.
Halacha 2
When a person rents out a house to a colleague for a year, and a leap year
is declared, the extra month is granted to the tenant. If, by contrast, the agreement is made according to months, the extra month is granted to the owner.
If the rental agreement mentions both months and years, the extra month is granted to the owner. This applies regardless of whether the owner said: "A dinar every month, twelve dinarim a year," or "Twelve dinarim a year, a dinar every month." The rationale is that the land is in the possession of its owner and we may not expropriate anything from the owner of the land without a clear proof.
Similarly, when the owner of a home says: "I rented out the house for a specific time," and the tenant says: "I rented it without any specifics," or "for a longer period," the renter must prove his claim. If he does not prove his claim, the owner may support his claim with a sh'vuat hesset and have the tenant removed from the home.
Halacha 3
The following rules apply when the tenant claims: "I paid the rent that I was obligated for the house," and the owner claims: "I have yet to collect it." The same rules apply whether the agreement was recorded in a contract or observed by witnesses.
If the owner demands payment within 30 days of the beginning of the rental, the burden of proof is on the renter. Alternatively, he must pay. He may then have a ban of ostracism issued against anyone who took money from him. Or the tenant may lodge a suit against the owner for the money he originally gave him as a separate claim and require the owner to take a sh'vuat hesset.
If the owner demanded payment after 30 days passed or even on the thirtieth day, the owner must bring proof that he was not paid. Otherwise, the tenant may take an oath that he already paid him the rent and thus be released from any obligation.
Similarly, if when the tenant rented the property, he stipulated that he would pay him the rent annually - if the owner demands payment within the year, the tenant is obligated to bring proof that he already paid. If he demands payment after the year - even if he demands payment on the twenty-ninth day of Elul - the owner is obligated to bring proof that he was not paid.
Halacha 4
The following rules apply when a person rents out a house to a colleague for ten years, has a rental contract composed, but does not date that contract. If the tenant claims: "Only one year passed from the time the document was composed," but the owner claims: "The entire period of the rental agreement has passed, and you have dwelled in the house for ten years," the tenant is required to bring proof to support his claim. If he does not do so, the owner may take a sh'vuat hesset and compel him to leave the dwelling.
Halacha 5
The following rules apply when a person rents an orchard - or it was entrusted to him as security - for ten years and it dries up. The tenant should sell the trees, purchase land with the proceeds, and benefit from the produce of that land until the conclusion of the rental contract or the period for which the security was entrusted. As a safeguard against the violation of the prohibition against taking interest, both the owner of the orchard - the borrower and the creditor are prohibited against taking the trees themselves that became dried out or were cut down.
Halacha 6
The following rules apply when a contract for rental or security mentions "years" without stating the number of years. If the tenant claims that the agreement was for three years, and the owner of the land claims that it was for two years, and the renter - or the creditor - came and made use of the produce of the third year, we assume that the produce belonged to the person who made use of it unless the owner of the land brings proof that this is not so.
A difficulty could arise if the tenant or the creditor derived benefit from the property for three years and the legal record became misplaced. If he said: "I am entitled to the produce for five years," and the owner of the land says, "The agreement was only for three," we tell the concerned parties: "Show the legal record."
If the owner says: "It was lost," the tenant's claim is accepted, for if he would have claimed that he had purchased it, his claim would also be accepted since he derived benefit from it for three years.
Halacha 7
The following rules apply when a person brings his produce into his colleague's property without his consent or beguiled him into allowing him to bring in his produce and then left it and departed. The owner of the property may sell that produce in order to pay for workers to take it away and bring it to the market place.
It is pious conduct for the owner of the property to notify the court and rent a storage place with part of the funds in order to prevent the destruction of his colleague's property, even if that colleague acted in an improper manner.
Halacha 8
The following rules apply when a person rents a mill from a colleague on the condition that the renter will grind 20 se'ah of grain for the owner every month as rent and afterwards, the owner of the mill became wealthy. Since he no longer needs to have his grain ground there he asks the renter to pay him the equivalent of the wage he would earn for grinding the 20 se'ah.
If the renter has wheat of his own or of others that he can grind instead, we compel him to pay the owner the wage he receives for grinding 20 se'ah. Not to pay him would be an expression of the qualities of Sodom. If the renter does not have wheat of his own or customers, he may tell the owner: "I don't have the funds. I am prepared to grind grain for you, as stated in the rental agreement. If you don't need this, sell the ground wheat to others." Similar laws apply in all analogous situations.
Sechirut - Chapter 8
Halacha 1
The same laws apply when a person rents a field from a colleague to sow, or a vineyard to benefit from its fruits and agrees to pay him money or agrees to pay him a fixed amount of produce - e.g., he rented a particular field for 20 kor of grain a year or a particular vineyard for 20 jugs of wine a year. A person who rents property and agrees to pay in produce is called a chocher.
Halacha 2
When a person takes a field or an orchard with the intent of working it, investing in it and giving the owner a third, a fourth or whatever other percentage of the harvest that they agree to, he is called a mekabel.
The following rules apply with regard to all the types of contracts mentioned above. Whenever an improvement is necessary for the sake of the land itself, it is the responsibility of the owner of the land to provide it. Whenever an improvement is an added measure of security, the renter is responsible for it.
The ax that is used to break up the land, the containers used to carry away earth, the bucket, the jug or the like that is used to draw water are the responsibility of the owner of the land. Digging the irrigation ditches, by contrast, is the responsibility of the renter.
Halacha 3
When a person rents or makes a sharecropping agreement with regard to a colleague's field for only a few years, he should not sow flax. If he rents it or enters a sharecropping agreement for seven years, he may sow flax for the first year." The Sabbatical year is not included in this reckoning. If he rents it or enters a sharecropping agreement for a seven-year period, the Sabbatical year is included in this reckoning.
Halacha 4
The following laws apply when a person rents or makes a sharecropping agreement with regard to a colleague's field that is parched and requires irrigation, and the spring used to irrigate the field dries up, but the larger river has not ceased to flow, and it is possible to carry water from it in a bucket. The renter may not reduce his payments. If this is a problem that affects the entire region - e.g., the river itself dried up - he may reduce his payments. Similar laws apply if one rents an orchard and the trees of the orchard are cut down.
Different rules apply when the owner was standing in his field and told the renter: "I am renting you this parched field," or "I am renting you this orchard." If the spring dries up or the tree is chopped down, he may reduce his payments. Since he was standing in the property when he made that statement, we assume that by saying: "this field" or "this orchard," his intent was: "I am renting it to you in its present condition."
Therefore, when the owner is not standing in his field and told the renter: "I am renting you this parched field," or "I am renting you this orchard." If the spring dries up or the tree is chopped down, he may not reduce his payments.
Halacha 5
The following rules apply when a person rents or makes a sharecropping agreement with regard to a colleague's field, and the crops are eaten by locusts or destroyed by drought. If this condition prevailed among the majority of the fields of that city, he may reduce his payments according to the extent of the loss that he suffered. If this blight did not prevail among the majority of the fields, he may not reduce his payments. This law applies even though all the fields belonging to this land owner were ravaged.
If all the fields of the renter or the sharecropper were ravaged, even though the blight also affected most of the other fields, he may not reduce his payment. For the loss is dependent on the renter's bad fortune, as evidenced by the fact that all his fields were ravaged.
If the owner stipulated that the renter should sow the field with wheat, and he sowed it with barley, did not sow it at all or sowed it and nothing grew, the renter may not reduce his payments even though locusts or a drought came and the majority of the fields were ravaged. Until when must he till it and sow it a second time if the first crop does not grow? Until the time when it is fit to sow in that place.
Halacha 6
The following rules apply when a person rents or makes a sharecropping agreement with regard to a colleague's field. If it is customary in that locale to cut down the crops, the renter should cut them down. He is not permitted to uproot them. If it is customary to uproot the crops, the renter should uproot them. He is not permitted to cut them down. Either of them can prevent the custom from being changed.
In a locale where it is customary to plow after the harvesting, the renter should plow. In a locale where it is customary to rent trees together with land, they are considered to have been rented out. This applieseven though the owner rented the property for a price that is lower than usual. In a locale where it is not customary to rent trees together with land, they are not considered to have been rented out. This applieseven though the owner rented the property for a price that is higher than usual. Everything follows the local custom.
Halacha 7
When a person rents a field from a colleague for ten kor of wheat and it suffered blight, he may pay the owner from the wheat of that field. Conversely, if it produces extremely high quality wheat, he should not tell the owner: "I will purchase wheat for you from the marketplace." Instead, he must give him the wheat from the field.
If a person rents a vineyard for ten baskets of grapes and they become sour after they were harvested, the renter may give the owner the grapes from the vineyard. A similar ruling applies to sheaves of grain that became ruined after they were harvested. If, however, a person rents a vineyard for ten jugs of wine, and the wine becomes sour, he is obligated to provide the owner with good wine.
The following rules apply when a person rented a field for 100 sheaves of cattle fodder, sowed another crop and then plowed the field and sowed it with cattle fodder. If it suffered blight, the renter may not give the owner the cattle fodder growing in it. Instead, he must give him high quality fodder, for he deviated from the terms of the initial agreement. Similar rules apply even if he sowed it with fodder at the outset, plowed it and then sowed it again and it suffered blight or in any other situation where the damage to the crops comes after the renter deviates from the initial agreement.
Halacha 8
The following rules apply when a person rents a field from a colleague, but does not desire to weed it. Although the renter tells the owner: "What will you suffer? I will give you the amount stipulated regardless," his words are not heeded. For the owner may respond: "Ultimately, you will leave it, and it will grow weeds for me."
Even if the renter says: "At the end I will plow it," his words are not heeded.
Halacha 9
When a person rents a field with the stated intent of sowing barley, he should not sow wheat, because wheat saps the nutrients of the land more than barley. If he rented it with the intent of sowing wheat, he may sow barley.
If his original intent was to sow legumes, he may not sow grain. If his original intent was grain, he may sow legumes. In Babylon and lands of that nature, he should not sow legumes, for legumes sap the nutrients of the land.
Halacha 10
When a person rents a field from a colleague for a few years according to a sharecropping agreement, the sharecropper does not receive a share of the wood that grows from the wild fig trees and the like, nor in the appreciation in the value of the field due to the trees growing in the field. We do, however, consider the place of the trees as if it were filled with the type of crop that was planted in the field. This applies provided the trees grew in a place that is fit to sow. If, however, they grow in a place that is not fit to sow, the sharecropper is not given any consideration. If the sharecropper rents the field for seven years or more, he is entitled to a share of the wood that grows from the wild fig trees and the like.
If at the time the sharecropper's lease runs out, there are plants in the field that have not reached the stage at which they are fit to be sold, or they have reached that stage, but the market day has not come yet, they should be evaluated and the sharecropper given his share by the owner of the land.
In the same manner as the sharecropper and the owner divide the grain; so, too, they should divide the straw and the stubble. In the same manner as they divide the wine; so, too, they should divide the twigs. Different rules apply with regard to the rods that are placed beneath the vine for support. If they were purchased in partnership, they should be divided in the same manner. If they were purchased by one party, they belong to the one who purchased them. Similar principles apply in all analogous situations.
Halacha 11
When a person rents a field from a colleague according to a sharecropping agreement in order to plant vines, the owner accepts the possibility that there will be ten non-productive vines in an area sufficient to grow a se'ah of grain. If there are more non-productive vines, the sharecropper must pay for the entire area as if all the vines were productive.
Halacha 12
The following rules apply when a person rents a field from a colleague under a sharecropping agreement and the field does not produce a significant yield. If its yield appears sufficient to produce at least two se'ah more than the investment made in it, the sharecropper is obligated to take care of it. For in the sharecropping agreement, he promises the owner of the land: "I will rise, plow the land, sow it, reap it, tie it in sheaves, thresh it and make a grain heap before you, and you will receive half - or whatever other portion they agreed upon - and I will receive the remainder as payment for my work and the expenses that I undertook."
Halacha 13
The following rule applies when a person rents a field from a colleague under a sharecropping agreement, and after taking possession of the field decides to leave it fallow. We evaluate the amount the field could be expected to produce and require the sharecropper to give the owner the portion agreed upon. For in the sharecropping agreement, he promises the owner of the land: "If I leave it fallow and do not till it, I will pay according to its best yield." The same rule applies if he left only a portion of it fallow.
Why is the renter obligated to pay? Because he did not stipulate that he would pay a fixed amount, in which instance we would say that it is an asmachta, but instead promised to pay the field's best yield."o Therefore, he made a binding commitment.
If, however, he stipulated: "If I leave it fallow, I will pay you 100 dinarim" this is considered an asmachta and he is not obligated to pay that amount. Instead, he should give the owner only his share of what the field would be expected to produce.
Halacha 14
The following rule applies when a person rents a field from a colleague under a sharecropping agreement with the intent of sowing sesame seeds, but instead, sows wheat. If the field produces a crop of wheat that is worth the same as the yield of sesame seeds could have been expected to be worth, the owner may have no more than complaints against him.
If the field produces a crop of wheat that is worth less than the yield of sesame seeds could have been expected to be worth, the sharecropper must pay the amount the crop of sesame seeds could have expected to yield. If the field produces a crop of wheat that is worth more than the yield of sesame seeds could have been expected to be worth, they should divided the crop according to their original stipulation although the owner of the land profits.
Sechirut - Chapter 9
Halacha 1
The following rule applies when a person hires workers and tells them: "Get up early and work late." In a place where it is not customary for workers to get up early and work late, he cannot compel them to keep the times he desires. In a place where it is customary for an employer to provide his workers' meals, he must provide their meals. If it is customary for him to provide dried figs, dates and the like for the workers, he must. Everything follows the local custom.
Halacha 2
When a person hires a worker and tells him: "I will pay you like any other worker in the city," we check the lowest wage paid and the highest wage paid and arrive at an average.
Halacha 3
The following rules apply when a person tells his agent: "Go out and hire workers for me for three zuz," and the agent hires them for four. If the agent told them: "I am responsible for your wage," he must pay them four. He receives three zuz from the employer, and forfeits one zuz of his own.
If he told them: "The employer is responsible for your wages," the employer should pay them according to the local custom. If there are some in that city who are hired at three and others at four, he is not required to pay them more than three. They have, however, justified complaints'3 against the agent.
When does the above apply? When it cannot be determined that they invested extra effort in their work. If, however, it is obvious that they invested extra effort in their work, and it is worth four zuz, the employer must pay them four. For had the agent not told them four, they would not have worked harder and produced work that is worth four.
If the employer told the agent: "Hire workers for me at four," and the agent goes and hires them at three, they receive no more than three. This applies even when their work is worth four. For they accepted the lower amount. They do, however, have a complaint against the agent.
If the employer told the agent three zuz, and the agent hires them for four, but the workers say: "We will work for what the employer says," their intent is that the employer will pay them more than four zuz. Therefore, we evaluate their work. If it is worth four, they should receive four zuz from the employer. If the value of their work is not obvious or it is not worth four, they may be paid only three.
If the employer told the agent to hire workers at four zuz, and he hired them at three, but they say: "We will work for what the employer says," they may be paid only three. This applies even if their work is worth four, for they heard the agent say three and agreed.
Halacha 4
When a person hires workers and the workers hoax the employer or the employer hoaxes the workers, all they have is complaints against each other.
When does the above apply? When the workers did not go to the appointed place. Different rules apply, however, if donkey drivers went to the appointed place and did not find any grain, workers went to a field and found that the ground was wet, or the employer hired workers to irrigate his field and they discovered that it was filled with water. If the owner checked the area that required work on the previous evening and saw that the workers were necessary, the workers are not entitled to any reimbursement. What could the owner have done? If, however, he did not check the land where he wants the work to be performed beforehand, he must pay them as an idle worker. For a person who comes carrying a burden cannot be compared to someone who comes empty-handed, nor can a person who performs labor be compared to someone who does not.
When does the above apply? When they did not begin doing work. If, however, the worker began doing his work different rules apply. A worker may quit his work even in the middle of the day. This is derived from Leviticus 25:55: "The children of Israel are servants to Me" - i.e., to Me alone. They are not servants to servants.
What is the law that applies to a worker who quits after having started work? We evaluate the work that he performed and he is paid that amount. If he is a contractor, we evaluate the work that still must be performed. Whether the price of labor was low at the time he was hired or it was not low, whether it was reduced afterwards or whether it was not reduced, we evaluate the work that must be performed.
What is implied? A person agreed to harvest standing grain for two selaim. He harvested half of the grain, but left half unharvested. Similarly, a person agreed to weave a garment for two selaim. He wove half of the garment, but left half unwoven. If the remainder would cost six dinarim to complete, the original contractor is paid a shekel or he is given the option of completing his work. If the remainder was worth only two dinarim, the owner need not pay the contractor more than a sela, because he did not perform more than half the work.
When does the above apply? With regard to work that does not involve an immediate loss. If, however, the work involves an immediate loss - e.g., he hired the workers to remove flax from the vat, or he hired a donkey to bring flutes for a funeral or for a wedding or the like - neither a worker nor a contractor may retract unless he is held back by forces beyond his control -e.g., he became ill or a close relative died. If the worker is not held back by forces beyond his control, and he retracts, the owner may hire others on their account or deceive them.
What is meant by deceiving them? He tells them: "I agreed to pay you a sela; take two so that you will complete your work." Afterwards, he is not required to give them anything more than he originally agreed. Moreover, even if he gave them two, he can compel them to return the additional amount.
What is meant by hiring others on their account? He hires other workers who complete their task so that he will not suffer a loss. Whatever he must add to pay these later workers beyond the amount the first workers agreed upon, he may take from the first workers.
To what extent are the first workers responsible? For their entire wage. Moreover, if they have property that is in the employer's possession, the employer can use that property to hire workers to complete their work until he pays each worker 40 or 50 zuz a day although he originally hired the worker at three or four zuz.
When does the above apply? When there are no workers available to hire at the wage to be paid the original workers. If, however, such workers are available and the original workers tell the employer: "Go out and hire from these to complete your work so that you will not suffer a loss," whether a worker or a contractor is involved, the employer has only complaints against them. To determine the wage that should be paid, we follow these guidelines: For a worker, we calculate the work he already[ performed and for a contractor, we calculate the work that must be performed.
Halacha 5
When a person hires a worker, but [the worker is then taken to perform the king's service, the worker need not be paid for a full day's work. Instead, the employer should pay him only for the work he performed.
Halacha 6
The following rules apply when a person hires a worker to irrigate his field from a particular river, and that river dried up in the middle of the day. If the river does not ordinarily dry up, the workers need only be paid for the work they performed.
Similarly, if the inhabitants of the city frequently dam the river, and they stop its flow in the middle of the day, the workers need only be paid for the work they performed. The rationale is that the workers know the pattern of this river. If, however, the river often dries up on its own accord, the employer must pay the workers their entire wage. For it was his responsibility to inform them.
If a person hires workers to irrigate a field and it rains and completes the watering of the field, the workers need only be paid for the work they performed. If a river rises and irrigates the field, they should be paid their entire wage. From heaven, they were granted help.
When does the above apply? With regard to a worker. Different rules apply, however, when a person stipulates with a sharecropper that if he waters a field four times a day, he will receive half the crop, in contrast to other sharecroppers who water the field twice a day and receive a fourth of the crop. If rain comes and he does not have to draw water to irrigate the crop, he still receives half the crops, as he stipulated. The rationale is that a sharecropper is considered to be a partner, not a worker.
Halacha 7
The following rules apply when a person hires a worker to perform work for an entire day and he completes it in half the day. If the employer has another task that is as - or less - difficult, he may have the worker perform it for the remainder of the day. If he does not have a task for him to perform, he should pay him as an idle worker. When the worker is one who digs, labors in the field or performs heavy labor of this nature and hence will become ill if he does not work, the employer must pay him his entire wage even if he is idle.
Halacha 8
When a person hires a worker to bring him an object from one place to another, and the worker goes to the designated place but cannot find the object specified, the employer is obligated to pay him his entire wage.
If a person hires a worker to bring rods to use as supports for a vineyard, but the worker can not find them, and hence does not bring them, the employer must pay the worker his wage.
If he hired him to bring cabbage or prunes for a sick person, the worker went and when he returned, the sick person either died or recovered, the employer should not tell the worker: "Take what you brought as your payment." Instead, he must pay him the entire wage he promised him. Similar principles apply in all analogous situations.
Halacha 9
When a person hires a worker to perform work in his own field, but shows him a field belonging to a colleague and has him perform work there, he must pay him his entire wage. Afterwards, he may require his colleague to reimburse him for the benefit he received from this work.
Halacha 10
When a person hires a worker to work together with him with straw, stubble and the like, he is not given the option of telling the worker: "Take what you did as your payment." If, however, he made such an offer, and the worker agreed, he is not given the option of changing his mind and telling the worker: "Take your wage and I will take my straw."
Halacha 11
An ownerless object discovered by a worker belongs to him. This law applies even when the employer told him: "Work for me today." Needless to say, it applies if he told him: "Hoe for me."
If, however, he hired him to take possession of ownerless objects - e.g., a river dried up and he hired him to collect the fish in a nearby marsh -whatever he finds, even a wallet filled with silver coins, belongs to the owner.
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Hayom Yom:
Sunday, 2 Cheshvan 5775 • 26 October 2014

"Today's Day"
Sunday, Cheshvan 2, 5704
Torah lessons: Chumash: Lech L'cha, first parsha with Rashi.
Tehillim: 10-17.
Tanya: After these words (p. 543) ...like this. (p. 545).
From a sicha of my father, after the conclusion of Shabbat Lech L'cha 5651 (1890): In the early years of his leadership the Alter Rebbe declared publicly, "One must live with the time." From his brother, R. Yehuda Leib, the elder chassidim discovered that the Rebbe meant one must live with the sedra of the week and the particular parsha of the day. One should not only learn the weekly parsha every day, but live with it.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
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Daily Thought:
Don't Just Stand There
As long as you’re holding on to where you were yesterday, you’re standing still.(29 Elul 5737:2.)
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