Chabad - Today in Judaism - TODAY IS: Tuesday, 27 Tishrei 5775 • 21 October 2014

Chabad - Today in Judaism - TODAY IS: Tuesday, 27 Tishrei 5775 • 21 October 2014
Today's Laws & Customs:

Today in Jewish History:
DAILY QUOTE:
And these words, which I command you this day, shall be upon your heart... You shall bind them as a sign upon your arm, and they shall be a tefillin between your eyes(Deuteronomy 6:6-8)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Noach, 3rd Portion Genesis 7:17-8:14 with Rashi
• Chapter 7
17. Now the Flood was forty days upon the earth, and the waters increased, and they lifted the ark, and it rose off the earth. יז. וַיְהִי הַמַּבּוּל אַרְבָּעִים יוֹם עַל הָאָרֶץ וַיִּרְבּוּ הַמַּיִם וַיִּשְׂאוּ אֶת הַתֵּבָה וַתָּרָם מֵעַל הָאָרֶץ:
and it rose off the earth: It was submerged in the water eleven cubits like a loaded ship, which is partially submerged in the water, and the following verses prove this. — [from Gen. Rabbah 32:9] See Rashi below 8:3f.
ותרם מעל הארץ: משוקעת היתה במים אחת עשרה אמה כספינה טעונה המשוקעת מקצתה במים ומקראות שלפנינו יוכיחו:
18. And the waters became powerful, and they increased very much upon the earth, and the ark moved upon the waters. יח. וַיִּגְבְּרוּ הַמַּיִם וַיִּרְבּוּ מְאֹד עַל הָאָרֶץ וַתֵּלֶךְ הַתֵּבָה עַל פְּנֵי הַמָּיִם:
became powerful: By themselves.
ויגברו: מאליהן:
19. And the waters became exceedingly powerful upon the earth, and all the lofty mountains that were under the heavens were covered up. יט. וְהַמַּיִם גָּבְרוּ מְאֹד מְאֹד עַל הָאָרֶץ וַיְכֻסּוּ כָּל הֶהָרִים הַגְּבֹהִים אֲשֶׁר תַּחַת כָּל הַשָּׁמָיִם:
20. Fifteen cubits above did the waters prevail, and the mountains were covered up. כ. חֲמֵשׁ עֶשְׂרֵה אַמָּה מִלְמַעְלָה גָּבְרוּ הַמָּיִם וַיְכֻסּוּ הֶהָרִים:
Fifteen cubits above: Above the peaks of all the mountains, after the waters were equal to [at the same level as] the mountain peaks. — [from Gen. Rabbah 32:11]
חמש עשרה אמה מלמעלה: למעלה של כל גובה כל ההרים לאחר שהושוו המים לראשי ההרים:
21. And all flesh perished that moved upon the earth, among the fowl, and among the cattle, and among the beasts, and among all creeping creatures that creep upon the earth and all mankind. כא. וַיִּגְוַע כָּל בָּשָׂר | הָרֹמֵשׂ עַל הָאָרֶץ בָּעוֹף וּבַבְּהֵמָה וּבַחַיָּה וּבְכָל הַשֶּׁרֶץ הַשֹּׁרֵץ עַל הָאָרֶץ וְכֹל הָאָדָם:
22. Everything that had the breath of the spirit of life in its nostrils, of all that were on the dry land, died. כב. כֹּל אֲשֶׁר נִשְׁמַת רוּחַ חַיִּים בְּאַפָּיו מִכֹּל אֲשֶׁר בֶּחָרָבָה מֵתוּ:
the breath of the spirit of life: Heb. נִשְמַת, the breath (נְשָמָה) of the spirit of life [and not “soul”].
נשמת רוח חיים: נשימה של רוח חיים:
that were on the dry land: But not the fish, which were in the sea. — [Sanh. 108a]
אשר בחרבה: ולא דגים שבים:
23. And it [the Flood] blotted out all beings that were upon the face of the earth, from man to animal to creeping thing and to the fowl of the heavens, and they were blotted out from the earth, and only Noah and those with him in the ark survived. כג. וַיִּמַח אֶת כָּל הַיְקוּם | אֲשֶׁר | עַל פְּנֵי הָאֲדָמָה מֵאָדָם עַד בְּהֵמָה עַד רֶמֶשׂ וְעַד עוֹף הַשָּׁמַיִם וַיִּמָּחוּ מִן הָאָרֶץ וַיִּשָּׁאֶר אַךְ נֹחַ וַאֲשֶׁר אִתּוֹ בַּתֵּבָה:
And it blotted out: Heb. וַיִּמַח is in the וַיִּפְעַל form, the active voice, and not in the וַיִּפָּעֶל form, the passive voice. And this is of the form of וַיִּפֶן, he turned, וַיִּבֶן, he built. Every word [i.e., verb] whose root ends with a “hey,” e.g., בנה, to build, מחה, to erase, קנה, to acquire—when you prefix it with a “vav” and a “yud,” it is vowelized with a “chirik” under the “yud.” [Rashi teaches us that the meaning of the verse is not “and all beings were blotted out,” but “and it”—meaning the Flood—“blotted out all beings.”]
וימח: לשון ויפעל הוא ואינו לשון ויפעל והוא מגזרת ויפן ויבן. כל תיבה שסופה ה"א כגון בנה, מחה, קנה, כשהוא נותן וי"ו יו"ד בראשה נקוד בחירק תחת היו"ד:
and only Noah…survived: אַךְ means “only” Noah. This is its simple meaning, but the Midrash Aggadah (Tan. Noach 9) [states]: He was groaning and spitting blood because of the burden [of caring for] the cattle and the beasts, and some say that he delayed feeding the lion, and it struck him, and concerning him it is said (Prov. 11:31): “Behold a righteous man is requited [for his sins] in this world.” - [Tan. Noach 9]
אך נח: לבד נח, זהו פשוטו. ומדרש אגדה היה גונח וכוהה דם מטורח הבהמות והחיות. ויש אומרים שאיחר מזונות לארי והכישו, ועליו נאמר (משלי יא לא) הן צדיק בארץ ישולם:
24. And the water prevailed upon the earth a hundred and fifty days. כד. וַיִּגְבְּרוּ הַמַּיִם עַל הָאָרֶץ חֲמִשִּׁים וּמְאַת יוֹם:
Chapter 8
1. And God remembered Noah and all the beasts and all the cattle that were with him in the ark, and God caused a spirit to pass over the earth, and the waters subsided. א. וַיִּזְכֹּר אֱלֹהִים אֶת נֹחַ וְאֵת כָּל הַחַיָּה וְאֶת כָּל הַבְּהֵמָה אֲשֶׁר אִתּוֹ בַּתֵּבָה וַיַּעֲבֵר אֱלֹהִים רוּחַ עַל הָאָרֶץ וַיָּשֹׁכּוּ הַמָּיִם:
And God remembered: Heb. אֱלֹהִים. This name represents the Divine Standard of Justice, which was converted to the Divine Standard of Mercy through the prayer of the righteous. But the wickedness of the wicked converts the Divine Standard of Mercy to the Divine Standard of Justice, as it is said: (above 6:5ff.): “And the Lord (י-ה-ו-ה) saw that the evil of man was great, etc. And the Lord (י-ה-ו-ה) said, ‘I will blot out, etc.’” although that name is the name of the Divine Standard of Mercy. — [Gen. Rabbah 33:3, Succah 14a. That Noah prayed in the ark appears in Tan. Noach 11, Aggadath Bereishith 7:3, Sefer Hayashar].
ויזכור א-להים: זה השם מדת הדין הוא, ונהפכה למדת רחמים על ידי תפלת הצדיקים, ורשעתן של רשעים הופכת מדת רחמים למדת הדין, שנאמר (בראשית ו ה) וירא ה' כי רבה רעת האדם וגו' ויאמר ה' אמחה, והוא שם מדת רחמים:
And God remembered Noah, etc.: What did He remember regarding the animals? The merit that they did not corrupt their way before this [the Flood], and that they did not copulate in the ark. — [Tan. Buber Noach 11, Yer. Ta’an. 1:6]
ויזכור א-להים את נח וגו': מה זכר להם לבהמות, זכות שלא השחיתו דרכם קודם לכן ושלא שמשו בתיבה:
and God caused a spirit to pass: A spirit of consolation and calm passed before Him. — [Targum Jonathan and Yerushalmi]
ויעבר א-להים רוח: רוח תנחומין והנחה עברה לפניו:
over the earth: Concerning [events on] the earth.
על הארץ: על עסקי הארץ:
and the waters subsided: Heb. וַיָּשֹׁכּוּ, like (Esther 2:1): “when the king’s fury subsided (כְּשֹׁךְ),” an expression of the calming of anger. — [from Tan. Buber Noach 12]
וישכו: כמו (אסתר ב א) כשוך חמת המלך לשון הנחת חמה:
2. And the springs of the deep were closed, and the windows of the heavens, and the rain from the heavens was withheld. ב. וַיִּסָּכְרוּ מַעְיְנֹת תְּהוֹם וַאֲרֻבֹּת הַשָּׁמָיִם וַיִּכָּלֵא הַגֶּשֶׁם מִן הַשָּׁמָיִם:
And the springs…were closed: When they were opened, it was written (7: 11): “all the springs,” but here,“all” is not written, because some of them remained [open], those that were necessary for the world, such as the hot springs of Tiberias and the like. — [Gen. Rabbah 33:4]
ויסכרו מעינות: כשנפתחו כתיב (ז יא) כל מעינות, וכאן אין כתיב כל, לפי שנשתיירו מהם אותן שיש בהם צורך לעולם, כגון חמי טבריא וכיוצא בהם:
was withheld: Heb. וַיִכָּלֵא, and it was withheld, like (Ps. 40:12):“You will not withhold (תִכְלָא) Your mercies” ; (Gen. 23:6):“[None of us] will withhold (יִכְלֶה) from you.”
ויכלא: וימנע, כמו (תהלים מ יב) לא תכלא רחמיך, (בראשית כג ו) לא יכלה ממך:
3. And the waters receded off the earth more and more, and the water diminished at the end of a hundred and fifty days. ג. וַיָּשֻׁבוּ הַמַּיִם מֵעַל הָאָרֶץ הָלוֹךְ וָשׁוֹב וַיַּחְסְרוּ הַמַּיִם מִקְצֵה חֲמִשִּׁים וּמְאַת יוֹם:
at the end of a hundred and fifty days: they commenced to diminish, and that was on the first of Sivan. How so? On the twenty-seventh of Kislev, the rains stopped, leaving three days in Kislev and twenty-nine in Teveth, making a total of thirty-two days, and Shevat, Adar, Nissan, and Iyar total one hundred and eighteen [days], making a grand total of one hundred fifty [days]. — [Seder Olam ch. 4]
מקצה חמשים ומאת יום: התחילו לחסור, והוא אחד בסיון. כיצד בעשרים ושבעה בכסליו פסקו הגשמים הרי שלשה מכסליו ועשרים ותשעה מטבת הרי שלושים ושתים, ושבט ואדר וניסן ואייר מאה ושמונה עשר הרי מאה וחמשים:
4. And the ark came to rest in the seventh month, on the seventeenth day of the month, on the mountains of Ararat. ד. וַתָּנַח הַתֵּבָה בַּחֹדֶשׁ הַשְּׁבִיעִי בְּשִׁבְעָה עָשָׂר יוֹם לַחֹדֶשׁ עַל הָרֵי אֲרָרָט:
in the seventh month: Sivan, which is the seventh counting from Kislev, in which the rains stopped. — [from aforementioned source]
בחדש השביעי: סיון והוא שביעי לכסליו שבו פסקו הגשמים:
on the seventeenth day: From here you learn that the ark was submerged in the water eleven cubits, for it is written: (verse 5) “ In the tenth [month], on the first of the month, the mountain peaks appeared.” That is [the month of] Av, which is the tenth month counting from Marcheshvan, when the rains fell, and they were fifteen cubits higher than the mountains. They diminished from the first of Sivan until the first of Av fifteen cubits in sixty days, at the rate of a cubit in four days. The result is that on the sixteenth of Sivan they had diminished only four cubits, and the ark came to rest on the next day. You learn [from here] that it was submerged eleven cubits in the waters [which were] above the mountain peaks. — [from aforementioned source]
בשבעה עשר יום: מכאן אתה למד שהיתה התיבה משוקעת במים אחת עשרה אמה, שהרי כתיב (פסוק ה) בעשירי באחד לחדש נראו ראשי ההרים, זה אב שהוא עשירי (למרחשון) לירידת גשמים והם היו גבוהים על ההרים חמש עשרה אמה וחסרו מיום אחד בסיון עד אחד באב חמש עשרה אמה לששים יום, הרי אמה לארבעה ימים, נמצא שבששה עשר בסיון לא חסרו אלא ארבע אמות, ונחה התיבה ליום המחרת, למדת שהיתה משוקעת אחת עשרה אמה במים שעל ראשי ההרים:
5. And the waters constantly diminished until the tenth month; in the tenth [month], on the first of the month, the mountain peaks appeared. ה. וְהַמַּיִם הָיוּ הָלוֹךְ וְחָסוֹר עַד הַחֹדֶשׁ הָעֲשִׂירִי בָּעֲשִׂירִי בְּאֶחָד לַחֹדֶשׁ נִרְאוּ רָאשֵׁי הֶהָרִים:
in the tenth [month], etc., the mountain peaks appeared: This refers to Av, which is the tenth [month] from Marcheshvan, when the rain commenced. Now if you say that it refers to Elul, which is the tenth [month] from Kislev, when the rain stopped, just as you say: “in the seventh month,” refers to Sivan, which is the seventh [month] after the cessation [of the rain]; [I will tell you that] it is impossible to say this. You must admit [that] the seventh month can be counted only from the time that the rain stopped, because there did not end the forty days of the rains and the one hundred fifty days when the water gained strength, until the first of Sivan. And if you say that it refers to the seventh [month] from the [beginning of the] rain, it would not come out to be Sivan. The tenth [month] can be counted only from the time the rain commenced to fall, for if you say [that it is counted] from the time when the rain stopped, which is Elul, you would not understand (verse 13): “In the first [month], on the first [day] of the month, the waters dried up from upon the earth,” for at the end of the forty days, when the mountain peaks appeared, he sent forth the raven, and he waited twenty-one days with sending the dove, totalling sixty days from the time the mountain peaks appeared until the surface of the earth dried. and if you say that they appeared in Elul, it would mean that they dried up in Marcheshvan. Scripture, however, calls it the first [month] and that can refer only to Tishri, which is the first [month] from the creation of the world, and according to Rabbi Joshua, it is Nissan.
בעשירי נראו ראשי ההרים: זה אב, שהוא עשירי למרחשון שהתחיל הגשם. ואם תאמר הוא אלול ועשירי לכסליו שפסק הגשם, כשם שאתה אומר בחדש השביעי סיון והוא שביעי להפסקה. אי אפשר לומר כן, על כרחך שביעי אי אתה מונה אלא להפסקה, שהרי לא כלו ארבעים יום של ירידת גשמים ומאה וחמשים של תגבורת המים עד אחד בסיון, ואם אתה אומר שביעי לירידה אין זה סיון והעשירי אי אפשר למנות אלא לירידה, שאם אתה אומר להפסקה והוא אלול, אי אתה מוצא בראשון באחד לחדש חרבו המים מעל הארץ, שהרי מקץ ארבעים משנראו ראשי ההרים שלח את העורב, ועשרים ואחד יום הוחיל בשליחות היונה, הרי ששים יום משנראו ראשי ההרים עד שחרבו פני האדמה, ואם תאמר באלול נראו, נמצא שחרבו במרחשון, והוא קורא אותו ראשון ואין זה אלא תשרי, שהוא ראשון לבריאת עולם, ולרבי יהושע הוא ניסן:
6. And it came to pass at the end of forty days, that Noah opened the window of the ark that he had made. ו. וַיְהִי מִקֵּץ אַרְבָּעִים יוֹם וַיִּפְתַּח נֹחַ אֶת חַלּוֹן הַתֵּבָה אֲשֶׁר עָשָׂה:
at the end of forty days: since the mountain peaks appeared.
מקץ ארבעים יום: משנראו ראשי ההרים:
the window of the ark that he had made: for light, and this is not the opening of the ark, which was made for going in and out.
את חלון התיבה אשר עשה: לצהר, ולא זה פתח התיבה העשוי לביאה ויציאה:
7. And he sent forth the raven, and it went out, back and forth until the waters dried up off the earth. ז. וַיְשַׁלַּח אֶת הָעֹרֵב וַיֵּצֵא יָצוֹא וָשׁוֹב עַד יְבשֶׁת הַמַּיִם מֵעַל הָאָרֶץ:
and it went out, back and forth: Going and encircling around the ark, but it did not go to fulfill its errand because it [the raven] suspected him [Noah] concerning its mate, as we find in the Aggadah of [chapter] “Chelek.” - [from Sanh. 108b]
יצוא ושוב: הולך ומקיף סביבות התיבה ולא הלך בשליחותו שהיה חושדו על בת זוגו, כמו ששנינו באגדת חלק (סנהדרין קח ב):
until the waters dried up: The simple explanation is its apparent meaning, but the Midrash Aggadah (Gen. Rabbah 33:5) [explains that] the raven was destined for another errand during the lack of rain in the time of Elijah, as it is said (I Kings 17:6): “and the ravens brought him bread and meat.”
עד יבשת המים: פשוטו כמשמעו. אבל מדרש אגדה מוכן היה העורב לשליחות אחרת בעצירת גשמים בימי אליהו, שנאמר (מלכים א' יז ו) והעורבים מביאים לו לחם ובשר:
8. And he sent forth the dove from with him, to see whether the waters had abated from upon the surface of the earth. ח. וַיְשַׁלַּח אֶת הַיּוֹנָה מֵאִתּוֹ לִרְאוֹת הֲקַלּוּ הַמַּיִם מֵעַל פְּנֵי הָאֲדָמָה:
And he sent forth the dove: seven days later, for it is written: “And he waited again another seven days.” From this general statement you learn that the first time too he waited seven days. — [Gen. Rabbah 33:6]
וישלח את היונה: לסוף שבעה ימים שהרי כתיב ויחל עוד שבעה ימים אחרים, מכלל זה אתה למד שאף בראשונה הוחיל שבעה ימים:
And he sent forth: Heb. וַיְשַׁלַּח. This is not an expression of sending on a mission, but an expression of sending away. He sent it forth to go on its way, and thereby he would see whether the waters had abated, for if it would find a resting place, it would not return to him.
וישלח: אין זה לשון שליחות אלא לשון שלוח, שלחה ללכת לדרכה, ובזו יראה אם קלו המים שאם תמצא מנוח לא תשוב אליו:
9. But the dove found no resting place for the sole of its foot; so it returned to him to the ark because there was water upon the entire surface of the earth; so he stretched forth his hand and took it, and he brought it to him to the ark. ט. וְלֹא מָצְאָה הַיּוֹנָה מָנוֹחַ לְכַף רַגְלָהּ וַתָּשָׁב אֵלָיו אֶל הַתֵּבָה כִּי מַיִם עַל פְּנֵי כָל הָאָרֶץ וַיִּשְׁלַח יָדוֹ וַיִּקָּחֶהָ וַיָּבֵא אֹתָהּ אֵלָיו אֶל הַתֵּבָה:
10. And he waited again another seven days, and he again sent forth the dove from the ark. י. וַיָּחֶל עוֹד שִׁבְעַת יָמִים אֲחֵרִים וַיֹּסֶף שַׁלַּח אֶת הַיּוֹנָה מִן הַתֵּבָה:
And he waited: Heb. וַיָּחֶל, an expression of waiting, and so (Job 29:21): “They listened to me and waited (וְיִחֵלּוּ),” and there are many such instances in Scripture.
ויחל: לשון המתנה, וכן (איוב כט כא) לי שמעו ויחלו, והרבה יש במקרא:
11. And the dove returned to him at eventide, and behold it had plucked an olive leaf in its mouth; so Noah knew that the water had abated from upon the earth. יא. וַתָּבֹא אֵלָיו הַיּוֹנָה לְעֵת עֶרֶב וְהִנֵּה עֲלֵה זַיִת טָרָף בְּפִיהָ וַיֵּדַע נֹחַ כִּי קַלּוּ הַמַּיִם מֵעַל הָאָרֶץ:
it had plucked…in its mouth: Heb. טָרָף, lit. he had plucked. [Rashi interprets טָרָף as a verb in the masculine form. According to his reading, there would be an inconsistency in the verse: “He had plucked an olive leaf in her mouth,” because the subject (which is masculine) would not agree with the final prepositional phrase (which is feminine).] I say that it was a male. Therefore, Scripture sometimes refers to it in the masculine gender and sometimes in the feminine, because every יוֹנָה in Scripture is in the feminine gender, like (Song 5:12): “like doves beside rivulets of water, bathing (רֹחֲצוֹת)” ; (Ezek. 7:16): “like doves of the valleys, they all moan (הֹמוֹת)” ; and like (Hos. 7:11): “like a silly (פוֹתָה) dove.”
טרף בפיה: אומר אני שזכר היה לכן קוראו פעמים לשון זכר ופעמים לשון נקבה, לפי שכל יונה שבמקרא לשון נקבה, כמו (שה"ש ה יב) כיונים על אפיקי מים רוחצות, (יחזקאל ז טז) כיוני הגאיות כולם הומות, וכמו (הושע ז יא) כיונה פותה:
it had plucked: Heb. טָרָף,“he plucked.” The Midrash Aggadah explains it טָרָף as an expression of food, and interprets בְּפִיהָ as an expression of speech. It [the dove] said: Let my food be as bitter as an olive in the hands of the Holy One, blessed be He, and not as sweet as honey in the hands of flesh and blood. — [Sanh. 108b]
טרף: חטף, ומדרש אגדה לשון מזון, ודרשו בפיה, לשון מאמר, אמרה יהיו מזונותי מרורין כזית בידו של הקב"ה ולא מתוקין כדבש בידי בשר ודם:
12. And he again waited another seven days, and he sent forth the dove, and it no longer continued to return to him. יב. וַיִּיָּחֶל עוֹד שִׁבְעַת יָמִים אֲחֵרִים וַיְשַׁלַּח אֶת הַיּוֹנָה וְלֹא יָסְפָה שׁוּב אֵלָיו עוֹד:
And he…waited: Heb. וַיִּיָּחֶל. This has the same meaning as וַיָּחֶל, except that the latter is the וַיַּפְעֶל form (the קַל conjugation), and the former is in the וַיִּתְפָּעֵל form (the reflexive conjugation). וַיָּחֶל is equivalent to וַיַּמְתֵּן (and he waited); וַיִּיָּחֶל is equivalent to וַיִּתְמַתֵּן (and he was patient).
וייחל: הוא לשון ויחל, אלא שזה לשון ויפעל וזה לשון ויתפעל. ויחל וימתין, וייחל ויתמתן:
13. And it came to pass in the six hundredth and first year, in the first [month], on the first of the month, that the waters dried up from upon the earth, and Noah removed the covering of the ark, and he saw, and behold, the surface of the ground had dried up. יג. וַיְהִי בְּאַחַת וְשֵׁשׁ מֵאוֹת שָׁנָה בָּרִאשׁוֹן בְּאֶחָד לַחֹדֶשׁ חָרְבוּ הַמַּיִם מֵעַל הָאָרֶץ וַיָּסַר נֹחַ אֶת מִכְסֵה הַתֵּבָה וַיַּרְא וְהִנֵּה חָרְבוּ פְּנֵי הָאֲדָמָה:
in the first [month]: According to Rabbi Eliezer, it is Tishri, and according to Rabbi Joshua, it is Nissan. — [from Rashi R.H. 12b] See above 7:11, 8:5.
בראשון: לרבי אליעזר הוא תשרי, ולרבי יהושע הוא ניסן:
dried up: It [the earth] became a sort of clay, for its upper surface had formed a crust. — [Seder Olam ch. 4, Gen. Rabbah 33:7, according to Yalkut Shim’oni]
חרבו: נעשה כמין טיט, שקרמו פניה של מעלה:
14. And in the second month, on the twenty seventh day of the month, the earth was dry. יד. וּבַחֹדֶשׁ הַשֵּׁנִי בְּשִׁבְעָה וְעֶשְׂרִים יוֹם לַחֹדֶשׁ יָבְשָׁה הָאָרֶץ:
on the twenty-seventh: And they [the rains] started to fall in the second month, on the seventeenth day of the month. These are the eleven days by which the solar year exceeds the lunar year, for the judgment of the Generation of the Flood was for a whole year. — [from Eduyoth 2:10]
בשבעה ועשרים: וירידתן בחדש השני בי"ז, אלו אחד עשר ימים שהחמה יתירה על הלבנה, שמשפט דור המבול שנה תמימה היה:
the earth was dry: It became dry earth, as it should be.
יבשה: נעשה גריד כהלכתה:
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Daily Tehillim: Psalms Chapters 120 - 134
• Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.

 

1. A song of ascents. I lift my eyes to the mountains-from where will my help come?
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
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Tanya: Iggeret HaKodesh, middle of Epistle 25
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, 27 Tishrei 5775 • 21 October 2014
Iggeret HaKodesh, middle of Epistle 25
והנה נודע ליודעי חכמה נסתרה
Now it is known to those familiar with the “Hidden Wisdom”1 (i.e., the Kabbalah)
כי דבר ה׳ נקרא בשם שכינה בלשון חז״ל, ואימא תתאה ומטרוניתא בלשון הזהר
that the “word of G‑d” is referred to as the Shechinah, in the terminology of the [Talmudic and Midrashic] Sages, of blessed memory, and as Imma Tataah (the “nether mother”) and Matrunita (the “Queen”) in the terminology of the Zohar,
ובפרט בריש פרשת וארא
especially at the beginning of Parshat Va’eira, where an analogy is drawn to G‑d’s speech from a princess,
לפי ששוכן ומתלבש בנבראים, להחיותם
because [the “word of G‑d”] dwells and vests itself in created beings, to give them life.
The word Shechinah (שכינה) derives from the root שכן — “to dwell.” The titles of “mother” and “queen” relate to their functions of caring for the lives of their children and subjects, respectively.
ובלשון המקובלים, נקרא בשם מלכות, על שם: דבר מלך שלטון, כי המלך מנהיג מלכותו בדיבורו, ועוד טעמים אחרים ידועים ליודעי חכמה נסתרה
In the terminology of the Kabbalists, [the “word of G‑d”] is called Malchut, for2 “the word of a king rules” — a king rules his kingdom through his speech; and also for other reasons known to those familiar with the “Hidden Wisdom” (i.e., the Kabbalah).
ומודעת זאת, כי יש בחינת ומדריגת מלכות דאצילות ובחינת מלכות דבריאה וכו׳
Now it is known that there is a rank and level of [the Sefirah of] Malchut of [the World of] Atzilut, and a rank of [the Sefirah of] Malchut of [the World of] Beriah, and so on. There are thus many degrees of “G‑d’s speech.”
ופירוש מלכות דאצילות, הוא דבר ה׳ המחיה ומהוה נשמות הגדולות, שהן מבחינת אצילות
Malchut of Atzilut means the “word of G‑d” which animates and brings into being the great souls that are of the rank of Atzilut,
כמו נשמת אדם הראשון, שנאמר בו: ויפח באפיו נשמת חיים כו׳, וכמו נשמות האבות והנביאים, וכיוצא בהן
such as the soul of Adam, of whom it is said,3 “And He blew into his nostrils the soul of life...” (i.e., a soul from the level of Atzilut); and such as the souls of the patriarchs and the prophets and the like
שהיו מרכבה לה׳ ממש, ובטלים ממש במציאות אליו
(4who were truly a “chariot” unto G‑d5 and in a state of total self-abnegation in relation to Him;
כמאמר רז״ל: שכינה מדברת מתוך גרונו של משה
as our Sages, of blessed memory, said,6 “The Shechinah speaks from the throat of Moses”;
Moses’ own personality was so translucent — he had so nullified himself to G‑d — that when he prophesied he did not relay what G‑d told him to say; rather, the Shechinah itself spoke directly through his mouth.
וכן כל הנביאים ובעלי רוח הקודש, היה קול ודבור העליון מתלבש בקולם ודבורם ממש, כמו שכתב האריז״ל
and likewise with all the prophets and those possessed of the Holy Spirit: the Supernal voice and speech vested itself in their actual voice and speech, as R. Isaac Luria, of blessed memory, wrote).
ומלכות דבריאה הוא דבר ה׳ המחיה ומהוה הנשמות והמלאכים שבעולם הבריאה
Malchut of Beriah is the “word of G‑d” which animates and brings into being the souls and angels in the World of Beriah,
שאין מעלתם כמעלת האצילות וכו׳
whose level is not like the level of Atzilut, and so on; i.e., Malchut of Yetzirah is the level of Divine speech that brings into being and animates the souls and angels in the World of Yetzirah.
ומלכות דעשיה הוא דבר ה׳ המחיה ומהוה את עולם הזה בכללו
And Malchut of Asiyah is the “word of G‑d” which animates and creates this world in its entirety,
עד יסוד העפר והמים אשר מתחת לארץ
up to and including the Element of Earth, and7 “the water that is below the earth.”
Now if the creation of all things derives from the Shechinah, from the revelation of Divine power, how do we account for those things that derive from kelipot, entities that “oppose” G‑dliness and holiness?
FOOTNOTES
1. The two Heb. words for “Hidden Wisdom” (חכמה נסתרה) are commonly abbreviated to their initials, and pronounced as chen.
2. Kohelet 8:4.
3. Bereishit 2:7.
4. Parentheses are in the original text.
5. Bereishit Rabbah, beginning of sec. 46; et al.
6. Cf. Zohar III, 234a; et al.

7. Cf. Shmot 20:4.
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Rambam: 
Daily Mitzvah P232, N258, N259, N257, N260 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 27 Tishrei 5775 • 21 October 2014
Positive Commandment 232
The Jewish Bondsman
"If you acquire a bondsman"—Exodus 21:2.
We are commanded [to follow the rules outlined in the Torah] regarding the Jewish bondsman.
The Jewish Bondsman
Positive Commandment 232
Translated by Berel Bell
The 232nd mitzvah is that we are commanded to follow the laws regarding a Jewish servant.
The source of this commandment is G‑d's statement1 (exalted be He), "If you buy a Jewish servant [he shall serve for six years...]."
The general laws of this mitzvah are discussed in the verses of the Torah2 itself, and the detailed laws are completely explained in the beginning of tractate Kiddushin.3
FOOTNOTES
1.Ex. 21:2.
2.Ex. ibid.; Lev. 25:39; Deut. 15:12.
3.14b ff.
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Negative Commandment 258
Selling a Jewish Bondsman in a Slavemarket
"They shall not be sold as slaves"—Leviticus 25:42.
It is forbidden to sell a Jewish bondsman as slaves are sold—on the auction block at a slavemarket. Rather, his services must be sold discreetly, in a respectful manner.
(This prohibition also includes kidnapping and selling, which is a capital offense.)
Selling a Jewish Bondsman in a Slavemarket
Negative Commandment 258
Translated by Berel Bell
The 258th prohibition is that we are forbidden from selling a Jewish servant in the manner that non-Jewish servants are customarily sold, i.e. they are stood up in the place singled out for the sale of servants, their sale is publicly announced so that the buyers outbid one another, etc. This is totally forbidden; rather their sale must be done privately and in a refined manner.
The source of this prohibition is G‑d's statement1 (exalted be He), "They shall not be sold as regular servants."
In the words of the Sifra: "The verse 'They shall not be sold as regular servants' prohibits setting up a stand and placing him on the auction stone."
This prohibition undoubtedly includes someone who kidnaps a Jew, since if he sells the kidnapped person, he is selling him in the same way a Canaanite servant is sold — thereby transgressing the prohibition, "They shall not be sold as regular servants." This has already been mentioned above.2 The Written Torah declares that the violator is executed.
The details of this mitzvah and the preceding one3 are explained in the first chapter of tractate Kiddushin.4
FOOTNOTES
1.Ibid., 25:42.
2.See N243.
3.N257.
4.20.

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Negative Commandment 259
Ordering a Jewish Bondsman to do Unnecessary Work
"You shall not work him with rigor"—Leviticus 25:43.
It is forbidden to instruct a Jewish bondsman to perform a work that has no purpose. Even to order him to heat up a glass of water, if it isn't needed, is forbidden.
Denigrating Treatment of a Jewish Bondsman
Ordering a Jewish Bondsman to do Unnecessary Work
Negative Commandment 259
Translated by Berel Bell
The 259th prohibition is that we are forbidden from giving a Jewish servant unnecessary work. Such work is called avodas perech.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not rule over him with unnecessary work."
Only when we need a certain job done may we give it to him. In the words of the Sifra: "The verse 'Do not rule over him with unnecessary work' means that you may not tell him to warm up a drink when you don't need it." The same applies to similar cases. Our Sages merely brought an example from one of the easiest and simplest types of work in order to teach you that even it is prohibited unless it is needed.
FOOTNOTES
1.Ibid., 25:43.

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Negative Commandment 257
Denigrating Treatment of a Jewish Bondsman
"You shall not work him as a slave"—Leviticus 25:39.
It is forbidden to order a Jewish bondsman to perform humiliating labors that are typically performed by slaves. Rather, he may be given only such jobs that an employed worker would agree to do.
Negative Commandment 257
Translated by Berel Bell
The 257th prohibition is that we are forbidden from giving a Jewish servant degrading and humiliating work, as a Canaanite servant would do.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not work him like a [Canaanite] servant."
In the words of the Sifra: "You shall not have him carry in a linta2 behind you, nor carry your things before you to the bathhouse." A linta is a small mat that one rests on after becoming tired from exercise. A servant customarily picks it up and carries it after his master. We are prohibited from giving any such jobs to a Jewish servant. He may be given only such jobs that an employed worker would agree to do. This is seen from G‑d's statement3 "He shall be with you just like an employee or a resident hand."
FOOTNOTES
1.Lev. 25:39.
2.As explained below, a mat. Servants would carry bath accessories in this mat. See Kapach, 5731, note 1, who explains that the proper name is linta, and the letter beis before it means "in a linta." Mosad Harav Kook, 5718, note 356, claims that it is called a blinta.
3.Ibid., 25:40.
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Negative Commandment 260
Allowing a Gentile Master to Order a Jewish Bondsman to do Unnecessary Work
"He shall not rule over him with rigor in your sight"—Leviticus 25:53.
We may not allow a non-Jew who lives under Jewish jurisdiction to order a Jewish bondsman in his service to do unnecessary work while we watch. We may not say, "Since this Jew willingly allowed himself to be sold to this gentile, it is not our concern what the gentile compels him to do," rather we must still prevent the gentile from overtly mistreating his Jewish worker. (We are not, however, required to inquire as to what occurs in the privacy of his home, where we cannot see what transpires.)
Allowing a Gentile Master to Order a Jewish Bondsman to do Unnecessary Work
Negative Commandment 260
Translated by Berel Bell
The 260th prohibition is that we are forbidden from allowing a non-Jew who lives in our land to give unnecessary work to a Jewish servant who has sold himself [to the non-Jew.]
The source of this prohibition is G‑d's statement1 (exalted be He), "You may not [let his master] rule over him with unnecessary work in front of your eyes."
We may not think that since this servant sinned against himself and sold himself to a non-Jew, that we may let him suffer the consequences of his actions. Instead, we must watch over the non-Jew and prevent him from using the Jew for unnecessary work.
In the words of the Sifra: "The verse 'You may not [let his master] rule over him with unnecessary work in front of your eyes' means that the command2 applies only when it is 'in front of your eyes.' " This means that we are not obligated to watch in his house to see whether or not he is giving unnecessary work, but that whenever we see that he is doing so, we must prevent it.
FOOTNOTES
1.Ibid., 25:53.
2.From this expression we see that it counts as one of the commandments.

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Rambam:

• 1 Chapter a Day: Edut Edut - Chapter 1
Edut - Chapter 1
Hilchot Edut - The Laws of Witnesses
These laws contain 8 mitzvot: Three positive commandments and five negative commandments. They are:
1. For a person who knows testimony to testify in court,
2. To question and interrogate the witnesses,
3. For a witness who testified in a case involving capital punishment not to serve as a judge,
4. Not to carry out a judgment based on the testimony of one witness,
5. Not to accept a person who is a transgressor as a witness,
6. Not to accept a relative as a witness,
7. Not to testify falsely,
8. To punish an ed zomaim in the manner he wished to have the defendant punished,
The explanation of these mitzvot is found in the coming chapters.
Halacha 1
A witness is commanded to testify in court with regard to all pertinent testimony that he knows. This applies both to testimony that will cause his colleague to be held liable or testimony that will vindicate him. With regard to financial cases, this applies only when he is summoned to testify. The source for this commandment is Leviticus 5:1: "And should he witness, see, or know of the matter, if he does not testify, he will bear his sin."
Halacha 2
If the witness was a wise man of great stature and the judges of the court did not possess the same degree of wisdom, he may refrain from testifying. The rationale is that it is not becoming to his dignity for him to go to testify before them. Hence, the positive commandment of honoring the Torah takes precedence.
When does the above apply? With regard to testimony concerning financial matters. With regard to testimony that safeguards a person from a prohibition, by contrast, or testimony in cases involving capital punishment or lashes, he must go and testify. This is derived from Proverbs 21:30: "There is no wisdom or understanding... before God." Implied is that whenever the desecration of God's name is involved, honor is not granted to a master.
Halacha 3
A High Priest is not obligated to testify. An exception is made only with regard to matters involving a king. In such an instance, he should go to the High Court and testify. With regard to other testimony, he is not obligated.
Halacha 4
It is a positive commandment to question the witness and to interrogate them, asking many questions and weighing their replies exactingly. They should divert their attention from one matter to another while questioning them, so that they will refrain from speaking or retract their testimony if there appear to be flaws in it, as Deuteronomy 13:15 states: "And you shall inquire and research thoroughly."
The judges must show extreme care when questioning the witnesses, lest from their questions the witnesses learn to lie. They ask them seven questions:
a) In which seven year cycle the event occurred?
b) In which year?
c) In which month?
d) On which day of the month?
e) On which day of the week?
f) At what time?
g) In which place?
Even if a witness says: "He killed him today," or "He killed him yesterday," we ask him all the above questions. In addition to these seven questions which are asked universally, the judges inquire into the fundamental issues involved. For example, if the witnesses testify that a person worshipped false deities, the judges ask them: "Which deity did he worship?" "What service did he perform?" If they testified that he desecrated the Sabbath, the judges ask them: "Which forbidden labor did he perform?" "How did he perform it?" If they testify that he ate on Yom Kippur, the judges ask them: "Which food did he eat?" "How much did he eat?" If they testified that he killed someone, the judges ask them: "With what did he kill him?" Inquiries of this type are considered as fundamental questions (chakirot).
Halacha 5
The derishot and the chakirot involve the matters that constitute the essence of the testimony. On their basis, the person will either be held liable or released. They include defining the deed that was performed, the time when it was performed, and the place where it was performed. On these basis, the testify of the witnesses will or will not be refuted through hazamah. For we cannot refute the testimony of the witnesses unless they define the time and place of the deed involved.
Halacha 6
In addition, the judges question the witnesses exceedingly with regard to matters that do not involve the fundamental aspects of the testimony and their testimony is not dependent on them. These questions are called bedikot. The more a judge questions the witnesses with bedikot, the more praiseworthy it is.
What are examples of bedikot? Witnesses testified that a person killed a colleague. The witnesses were questioned with the seven chakirot which we mentioned which define the time and the place of the act. Similarly, they were interrogated with regard to the deed and they defined the deed and the murder weapon. The judges continue to interrogate them. They ask: What were the murderer and the victim wearing, white clothes or black clothes? Was the earth where he was killed white or red? These and similar questions are called bedikot.
An incident once occurred when witnesses stated that a murder took place under a fig tree. The judges questioned the witnesses: "Were the figs black or white?", "Were their stems long or short?" The more a judge questions the witnesses with bedikot like these, the more praiseworthy it is.
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Rambam:
• 3 Chapters a Day: Avadim Avadim - Chapter One, Avadim Avadim - Chapter Two, Avadim Avadim - Chapter Three
Avadim - Chapter One
HILCHOT AVADIM
The Laws of Servants
They contain 13 mitzvot: five positive mitzvot and eight negative mitzvot. They are:
i) The laws governing the acquisition of a Hebrew servant;
ii) Not to sell him in the manner that servants are usually sold;
iii) Not to make him perform excruciating labor;
iv) Not to make him perform servile tasks;
v) Not to allow a resident alien to make him perform excruciating labor;
vi) To grant a Hebrew servant a severance gift when he attains his freedom;
vii) Not to let him go free empty-handed;
viii) To redeem a Hebrew maid-servant;
ix) To designate her as a wife;
x) Not to sell her a second time;
xi) To have a Canaanite servant work forever, unless his master causes one of his primary limbs to fall;
xii) Not to return to his master a servant who fled from the Diaspora to Eretz Yisrael;
xiii) Not to oppress this servant who has fled to us.
These mitzvot are explained in the chapters that follow.
Halacha 1
The term "Hebrew servant" used by the Torah refers to a Jew whom the court sells by compulsion, or a person who sells himself willingly.
What is implied? When a person steals and does not have the resources to repay the principal, the court sells him, as we have explained in Hilchot Geneivah.
No other Jewish person is sold by the court, except a thief. Concerning such a thief sold by the court Exodus 21:2 states: "When you acquire a Hebrew servant." And concerning this person, Deuteronomy 15:12 states: "When your Jewish brother will be sold to you."
To what does the term "a person who sells himself" refer? When a Jew becomes sorely impoverished, the Torah gives him permission to sell himself as a servant, as Leviticus 25:39 states: "When your brother will become impoverished and be sold to you."
A person is not allowed to sell himself as a servant and stash away the money, use it to buy merchandise or utensils, or give it to his creditor. He may sell himself only when he needs the money for his very livelihood. A person is not permitted to sell himself unless he has no property remaining at all - i.e., even his clothing no longer remains. Only in such a situation may he sell himself.
Halacha 2
We have already explained that a woman is never sold because of a theft. Similarly, she may not sell herself as a servant, nor may she purchase a Hebrew servant or a Canaanite slave, because of the suspicion of immoral behavior.
A convert may not sell himself as a servant. This is derived from Leviticus 25:41: "And he shall return to his family" - i.e., it is speaking about someone who has a family within the Jewish faith.
Halacha 3
A Hebrew servant who is sold by the court is sold only to a native-born Israelite or to a convert to Judaism. Similarly, a person who sells himself as a servant is not permitted to sell himself to a gentile, not even to a resident alien. If he transgresses and sells himself, even to a gentile, even to the service of a false divinity itself, the sale is binding, as indicated by Leviticus 25:47, which speaks of a person's selling himself: "to what must be uprooted from a sojourner's family." "What must be uprooted" refers to a false divinity.
Halacha 4
If a person says: "I am going to sell myself to a gentile," you are not obligated to do anything for him until he actually sells himself. Once he sells himself to a gentile, however, although he transgressed and acted improperly, it is a mitzvah to redeem him, so that he does not assimilate among them, as Leviticus 25:48 states: "After he is sold, redemption should be granted him."
Halacha 5
Neither a person who sells himself, nor one who is sold by the court, should be sold in public on an auction block, nor in an alley, as slaves are sold, as Leviticus 25:42 states: "He shall not be sold as a slave is sold." Instead, he should be sold in a private and honorable manner.
Halacha 6
It is forbidden to make any Hebrew servant perform excruciating labor. What is excruciating labor? Labor that has no limit, or labor that is unnecessary and is asked of the servant with the intent to give him work so that he will not remain idle.
Based on the above, our Sages said that a master should not tell a Hebrew servant: "Hoe under the vines until I come," for he has not placed a limit on the work asked of him. Instead, he should tell him: "Hoe until this and this time," or "until you reach this and this place."
Similarly, he should not tell him "Dig in this place," if he has no need for that activity. Even telling him to warm a drink for him, or to cool one off for him, if he does not need it, is forbidden, and reflects the violation of a negative commandment, as Leviticus 25:43 states: "Do not impose excruciating work on him." Thus, a Hebrew servant may be compelled to perform only a limited and necessary task.
Similarly, if a Hebrew servant is sold to a gentile, who imposes excruciating labor upon him, the Jews are commanded to prevent him from doing so. If they allow him to continue, they transgress a negative commandment, as Ibid.:53: "He should not impose excruciating work upon him before your eyes." We are not, however, required to enter the gentile's domain and check to see that he is not imposing excruciating labor upon him. This is implied by the term: "before your eyes" - i.e., when you see.
Halacha 7
Whenever a Jew purchases a Hebrew servant, he may not make him perform debasing tasks that are relegated only for servants - e.g., to have him carry his clothes to the bathhouse or remove his shoes - as Leviticus 25:39 states: "Do not have him perform servile tasks." Instead, one should treat him as a hired laborer, as Ibid.:40 continues: "He shall be like a hired laborer or a resident among you."
It is, however, permitted to have the servant cut the master's hair, launder his clothes and bake his dough. He may not, however, make him the manager of a public bathhouse, a public barber or a public baker. If, however, this was his profession before he was sold, it is permitted. Indeed, at the outset, he should not teach him any profession at all. Instead, he should work at the profession at which he worked previously.
When does the above apply? To a Hebrew servant. For his self-image is depressed because of his being sold. When, however, a Jew has not been sold, he may be hired to perform servile tasks. For he is performing this work out of his own desire and his own consent.
Halacha 8
When people do not conduct themselves in an appropriate manner, it is permissible to impose one's authority over them by force and subjugate them.
When a king decrees that anyone who does not pay the fixed head tax should be enslaved to the person who pays the head tax for him, a person who pays the head tax for someone may use that person for labor beyond the ordinary measure. He may not, however, use him as a Canaanite slave. If, however, that person does not conduct himself properly, he may use him as a slave.
Halacha 9
A master is obligated to treat any Hebrew servant or maid servant as his equal with regard to food, drink, clothing and living quarters, as implied by Deuteronomy 15:16 "for it is good for him with you." The master should not eat bread made from fine flour while the servant eats bread from coarse flour. The master should not drink aged wine while the servant drinks fresh wine. The master should not sleep on cushions while the servant sleeps on straw. Nor should the master live in a walled city while the servant lives in a village, or the master live in a village while the servant lives in a walled city, as implied by Leviticus 25:41: "And he shall leave you."
On this basis, our Sages said: "Whoever purchases a Hebrew servant purchases a master for himself."
A master must treat his servant with brotherly love, as implied by Leviticus 25:46: "And with regard to your brothers, the children of Israel." Nevertheless, the servant himself must conduct himself as a servant with regard to those tasks he must perform.
Halacha 10
The institution of a Hebrew maid-servant and that of a Hebrew servant is not practiced except in the time when the Jubilee year is observed. This applies both to a Hebrew servant who sells himself, and to one who is sold by the court. We have already explained when the observance of the Jubilee year was nullified.
Avadim - Chapter Two
Halacha 1
A Hebrew servant who is sold by the court {and one who sells himself} can be acquired through the transfer of money or articles worth money or the transfer of a deed of sale.
What is implied? The person selling himself writes on a paper or a shard: "I am sold to you," or "I have been acquired by you," and gives him the deed.
Halacha 2
A servant sold by the court must serve his master for six years from the day that he was sold. At the beginning of his seventh year, he is released as a free man. If the Sabbatical year falls within his six years of servitude, he must work during it. If, however, the Jubilee year falls during this time, even if he was sold only one year before the Jubilee, he should be granted his freedom, as Leviticus 25:40 states: "Until the Jubilee year, he shall work with you," and ibid.:13 states: "In this Jubilee year, each man shall return to his ancestral heritage."
Halacha 3
A person who sells himself into servitude may sell himself for more than six years. Nevertheless - even if he sold himself for ten years or twenty years - if the Jubilee falls a year after he sold himself, he is released in the Jubilee, as it is written: "Until the Jubilee year, he shall work with you."
Halacha 4
If either a servant who sold himself or who was sold by the court flees his master's domain, he is obligated to complete his six years of servitude. If, however, the Jubilee falls during this time, he is granted his freedom.
Halacha 5
Should the servant become sick - whether he is sick year after year, or whether he becomes sick repeatedly for short periods - if the time during which he is sick is less than four years, it should be counted in the period of six years. If, however, he is sick for four years or more, he is required to complete work for all the days of his illness beyond the six years for which he was originally sold. This is implied by Leviticus 25:40: "He shall be like a hired laborer or a resident among you." If the Jubilee falls in the midst of the time he is compensating for the missed years, he should be released.
When do we calculate the days of sickness? When the sickness is severe and the servant is unable to work. If, however, his sickness is not very severe, and he can do needlework, the time is counted, even if he was sick for the entire six years.
Halacha 6
When a person sells himself to a gentile, if he is not redeemed he is not released except in the Jubilee, as Leviticus 25:54 states: "If he is not redeemed by these, he shall be released in the Jubilee, he and his sons together with him."
Halacha 7
When a person is sold to a gentile, if he cannot obtain the funds necessary to redeem himself, his relatives should redeem him. The closer the relatives, the greater the responsibility as implied by Leviticus 25:49: "His uncle or his uncle's son shall redeem him." The court compels the relatives to redeem him, so that he will not become assimilated among the gentiles.
If his relatives do not redeem him, and he does not attain the funds to redeem himself, it is a mitzvah for every Jew to redeem him. Whether he was redeemed by his relative, or by any other person, he is released and obtains his freedom.
The servant may borrow money to redeem himself from a gentile, and he may redeem himself partially. When, by contrast, a person is sold to a Jew, his relatives, may not redeem him, he may not borrow money to redeem himself, and he may not redeem himself partially.
What is the law that applies to him? If he obtains the funds to pay the amount due for the years that remain, he may pay that amount and be released. If he does not obtain the full amount, he is not released.
Halacha 8
Whether a person sells himself to a Jew or a gentile, or whether he is sold by the court, he may deduct money from the price at which he was sold when redeeming himself and obtain his release.
What is implied? A servant was sold by the court for sixty dinarim and worked for four of the six years. He then obtained resources. He should pay 20 dinarim and be granted his freedom. Similarly, if he sold himself for 40 dinarim for ten years, he should deduct four dinarim for every year. He may give the remainder in money or in objects worth money and obtain his freedom.
Similarly, a servant sold to a gentile should calculate the number of years left until the Jubilee, as Leviticus 25:50 states: "And he shall calculate with his master the number of years from the year he was sold until the Jubilee year."
What is implied? If the servant sold himself for 100 dinarim and ten years remained until the Jubilee, he should calculate ten dinarim for each year that he worked, deduct this amount from the money that he was paid, give his owner the remainder in cash and then he is granted his freedom. He may not give his owner produce or utensils. This is implied by the above verse, which mentions: "the money of his purchase" - i.e., he is redeemed with money from a gentile, and not with articles that are worth money.
Halacha 9
Whenever a Hebrew servant or maid-servant is redeemed by deducting from the price of the sale, the calculation is always made in his or her favor - whether his health improves and his value increases, or his health deteriorates and his value decreases.
What is implied? A servant was sold for 100 dinarim, but now he is worth 200. We calculate the value of the remaining years on the basis of 100. If he was sold for 200 and is now worth 100, we calculate the value of the remaining years on the basis of 100.
Halacha 10
When a person is sold to a gentile, he can redeem himself partially, as stated above. Sometimes this will work to his advantage, and sometimes it will work to his disadvantage.
How can it work to his advantage? His master purchased him for 200 zuz. His value decreased and he is now worth 100. The servant gives his master 50, half of his present worth. He then regains his health and is again worth 200. All he is required to pay is 100, the remaining half of his value. He is then released.
How can it work to his disadvantage? His master purchased him for 200 zuz. The servant gave his master half of his worth, 100 zuz. His value then decreased and he is now worth 100. To redeem himself, he must pay his master 50 zuz, half the remaining amount. Thus, he paid 150 zuz to redeem himself even though he is now worth only 100.
Halacha 11
Although a master forgoes the remaining amount of money for which a servant is obligated to work, this obligation is not considered to be waived until the master writes a bill of release for the servant.
What is implied? His master purchased him for 60 zuz. The servant worked for a year or two and then his master told him: "I am willing to waive the work due for the remainder of the money. Go on your way." The servant is not released from his servitude until his master has a legal document composed.
Halacha 12
The following rules apply when a servant's master dies. If the master is survived by a son, the servant must serve the son until the conclusion of the six years, until the conclusion of the years for which he sold himself, until the Jubilee year, or until he deducts the money for the years he worked and pays the remainder.
If, however, the master is not survived by a son, the servant is granted his freedom. He need not serve a surviving daughter or the deceased's brother. Needless to say, he need not serve other heirs. When a servant is sold to a convert or a gentile, he is not required to serve even his master's son. Instead, when his master dies, he attains his freedom.
Thus, a Hebrew servant can be acquired through the transfer of money or a bill of sale, and can acquire his freedom through one of five means:
a) the conclusion of his years of servitude,
b) the advent of the Jubilee year,
c) by paying money, an amount reduced in consideration of the years he worked,
d) through being given a bill of release, and
e) through the death of the master without a son, or if the master is a gentile or a convert, even if he is survived by a son.
It is a mitzvah to tell a servant: "Go out," at the time of his release. Nevertheless, even if his master does not tell him this, the servant attains his freedom without any cost. Nor is a bill of release required. Even if he had been sick and his master spent much on his medical expenses, the servant has no obligations to the master, as implied by Exodus 21:2: "He shall go free at no charge."
Avadim - Chapter Three
Halacha 1
A master is obligated to provide sustenance for the wife of every Hebrew servant. This applies when their marriage has been consummated as nisuin, but not when she is merely an arusah, or if she is awaiting her yavam. And this applies only when she is permitted to her husband. If, however, she is forbidden to him by a Torah prohibition, or even if she is a sh'niyah, the master is not required to provide her with her sustenance. This is derived from Exodus 21:3: "His wife together with him" - i.e., a woman who is fit to live together with him. Similarly, the master is liable to provide the servant's sons and daughters with their sustenance.
These concepts are derived as follows: With regard to the release of a servant sold by the court, it is written ibid.: "If he is married to a woman, his wife will leave together with him." Would you think that because the master purchased the servant, the servant's wife would be placed in servitude? Instead, the verse is stated for the sole purpose of teaching that the master is obligated to provide the servant's wife with her sustenance.
With regard to the release of a servant who sells himself, Leviticus 25:41 states: "And he shall depart from you, he and his children with him." And with regard to the release of a servant sold to a gentile, it is written ibid.:54: "And he shall go out in the Jubilee year, he and his children with him."
This applies to a wife or children the servant had at the time he was sold, or a wife and children that he acquired after the sale, provided he married with the consent of his master. If, however, the servant married without the consent of his master, the master is not obligated to provide for her sustenance.
Halacha 2
Although a master is obligated to provide for the sustenance of a servant's wife and children, he is not entitled to the proceeds of their work at all. Instead, the proceeds of the work of the servant's wife and any ownerless objects she finds belong to her husband. Whatever rights the husband has in his relationship with his wife, he retains although he is a Hebrew servant.
Halacha 3
When a servant is sold by the court, his master has the option of giving him a Canaanite maid-servant as a wife. This applies to the master who purchased him or the son who becomes his master if the master dies. He may give him a Canaanite maid-servant as a wife and compel him to engage in relations with her so that she gives birth to slaves that he conceived.
She is permitted to him throughout the period of his servitude, as implied by Exodus 21:4: "If his master will give him a wife." A person who sells himself as a servant is forbidden to marry a Canaanite slave, as are all other Jews.
Halacha 4
A Hebrew servant is not permitted to marry a Canaanite maid-servant unless he already has a Jewish wife and children. If, however, he does not have a Jewish wife and children, his master may not give him a Canaanite maid-servant against his will. This concept is part of the Oral Tradition.
Even if the man sold as a servant is a priest, he is permitted to marry a Canaanite maid-servant throughout the duration of his servitude.
Halacha 5
If a Hebrew servant has a wife and children, although his master may give him a Canaanite maid-servant as a wife, he may not separate the Hebrew servant from his Jewish wife and children. This is implied by the phrase "his wife together with him." He may not give him two maid-servants, nor may he give one maid-servant to two Hebrew servants, as he is allowed to do with regard to his Canaanite slaves,as implied by the phrase: "Give him a wife."
When a servant whose master gave him a Canaanite maid-servant and whose ear was pierced does not desire to leave his master's domain when the Jubilee year arrives, although his master urges him to depart, if his master injures him his master is not liable. He is permitted to strike him, because at that time, the servant becomes prohibited to have relations with a maid- servant.
Halacha 6
A person who sells himself may not prolong his servitude by having his ear pierced. If, however, a servant was sold by the court, worked for six years and does not desire to receive his freedom, he may have his ear pierced. In this instance, he must work until the Jubilee year, or until his master dies.
Halacha 7
Even though the master leaves a son, the servant whose ear was pierced does not serve the son. This is derived from the exegesis of Exodus 21:6: "And he shall serve him forever." This is interpreted to mean: "And he shall serve him," and not his son; "forever," until the Jubilee year. We thus learn that a servant whose ear was pierced gains his freedom only at the Jubilee or with the death of his master.
Halacha 8
A Hebrew servant who is a priest may not have his ear pierced, because this gives him a physical blemish that disqualifies him from service in the Temple, and Leviticus 25:41 states: "And he shall return to his family," to the status that he enjoyed previously. He does not, however, return to the position of authority that he previously held.
Halacha 9
How is the servant's ear pierced? His master brings him to a court of three judges and the servant makes his statements in their presence. At the conclusion of the six-year period, he brings him to the door or to the doorpost as they are standing affixed in the building. It could be done near the door or the doorpost of the master, or one belonging to any other person.
He should pierce his right ear, in the middle lobe of the ear, with a metal awl until it reaches the door, as Deuteronomy 15:17 states: "And you shall put it through his ear at the door." The doorpost is mentioned only to indicate that the servant may stand next to either the door or the doorpost. Just as the doorpost must be standing, so too, the door must be standing. But the piercing is done to the door.
The master himself pierces the servant's ear, as Exodus 21:6 states: "His master shall pierce" i.e., he, and not his son, his agent or an agent of the court. The ears of two servants should not be pierced at the same time, for mitzvot should not be performed in bundles.
Halacha 10
More particulars can be derived from the exegesis of Exodus 25:5: "If the servant shall certainly say" - i.e., he must repeat his statement. "The servant" - he must make this statement as a servant - i.e., he must make and repeat his statement at the conclusion of the six years of servitude, at the beginning of the last p'rutah's worth of his servitude.
What is implied? That there remain from the final day at least a p'rutah's worth or slightly more of the servant's time. If, however, there remained less than a p'rutah's worth of time, it is as if he made the statements after the six years were concluded.
Halacha 11
If the servant has a Canaanite maid-servant as a wife and children from her, and his master does not have a wife and children, his ear should not be pierced, as implied by Deuteronomy 15:16: "Because he loves you and your household."
If the master has a wife and children, and the servant does not have a wife and children, his ear should not be pierced, as implied by Exodus 21:5: "I love my master, my wife and my children." If the servant loves his master, but his master does not love him, his ear should not be pierced, as implied by Deuteronomy, op. cit.: "It is good for him with you." If the master loves the servant, but the servant does not love his master, his ear should not be pierced, as implied by Deuteronomy, op. cit.: "He loves you."
If the servant is sick, but his master is not sick, his ear should not be pierced, as implied by: "It is good for him with you." If the master is sick, but the servant is not sick, or they are both sick, his ear should not be pierced, as implied by: "It is good for him with you" - i.e., they both must share in goodness.
Halacha 12
What are the differences between a servant who sells himself and a servant sold by the court? A servant who sells himself does not have his ear pierced, while a servant sold by the court has his ear pierced. A servant who sells himself is forbidden to marry a Canaanite maid-servant, while the master of a servant sold by the court may compel the servant to marry a Canaanite maid-servant.47
A servant who sells himself may be sold to a gentile, while a servant sold by the court may be sold only to a Jew, as Deuteronomy 15:12 states: "When your brother is sold to you" - i.e., the court sells him only to "you."
A servant who sells himself may be sold for six years or for more than six years, while a servant sold by the court may be sold for only six years. A servant who sells himself does not receive a severance gift, while a servant sold by the court does receive a severance gift.
Halacha 13
According to the Oral Tradition, we learned that a Hebrew maid-servant may not have her servitude prolonged by having her ear pierced. This appears to be reflected from the relevant verses. For with regard to the piercing of a servant's ear, Exodus 21:5 states: "I love my master, my wife and my children."
What then is implied by Deuteronomy 15:17: "Even to your maid-servant do this"? It teaches that just as it is a mitzvah to give a severance gift to a Hebrew servant, so too, it is a mitzvah to give a Hebrew maid-servant a severance gift.
Halacha 14
Whoever sends away his servant or maid-servant empty-handed transgresses a negative commandment, as Deuteronomy 15:13 states: "Do not send him away empty-handed." The verse also made provision for this to be remedied with a positive commandment, as Ibid.:14 states: "You shall certainly give him a severance gift."
This applies to a Hebrew servant who is released at the conclusion of his six years of servitude, at the advent of the Jubilee, or at the death of his master. Similarly, a severance gift is given to a Hebrew maid-servant who is released under these circumstances, or because she displays signs of physical maturity. When, however, a servant or a maid-servant purchases his freedom by paying the pro-rated portion of his purchase price, a severance gift need not be given, as implied by Ibid.:13 "When you send him away from you as a free man." A servant who redeems himself is not being sent away free. Instead, he pays the amount of money due for the time he was obligated to work and then departs.
Ibid.:14 states: "Give him a generous severance gift from your sheep, your threshing floor and your vat as God has blessed you." By mentioning sheep, a threshing floor and a vat, the verse indicates that the servant must be given objects that will naturally increase and generate blessing as a severance gift. He need not, however, be given money or garments.
How much should he be given? He should not be given less than 30 selaim worth. This may be from one substance or from many substances. This figure parallels the 30 selaim paid as a fine for killing a servant, which Exodus 21:32 states: "Give to his master."
The severance gift must be given whether the master's household was blessed because of the servant's presence or whether it was not blessed, as it is written: "Give him a generous severance gift" - i.e., in all situations. Why then does the verse say: "As God has blessed you"? To teach that you should give him according to the measure of blessing you have been granted.
Halacha 15
If the servant fled and the Jubilee fell and thus he attains his freedom, his master is not obligated to grant him a severance gift, as implied by the term "When you send him away."
The severance gift granted a Hebrew servant is his own; a creditor may not expropriate it. The severance gift granted a Hebrew maid-servant and any ownerless object she finds belong to her father. If her father dies before it reaches his possession, it belongs to her. He brothers have no right to it. For a person cannot transfer to his son as an inheritance a right that he possesses with regard to his daughter.
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Hayom Yom:
Tuesday, 27 Tishrei 5775 • 21 October 2014

"Today's Day"
Tuesday, Tishrei 27, 5704
Torah lessons: Chumash: Noach, Shlishi with Rashi.
Tehillim: 120-134.
Tanya: Now is it known (p. 537) ...below the earth. (p. 539).
Torah and mitzvot encompass man from the instant of emergence from his mother's womb1 until his final time comes. They place him in a light-filled situation, with healthy intelligence and acquisition of excellent moral virtues and upright conduct - not only in relation to G-d but also in relation to his fellow-man. For whoever is guided by Torah and the instructions of our sages has a life of good fortune, materially and in spirit.
FOOTNOTES
1. Compare Tehillim 22:10.
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Daily Thought:
Beyond Sincerity
Sincerity is not enough. You have to do the right thing.
Why is it this way? Why can't we be judged by our intentions alone?
So that we will know that we are small, and truth is very large. It is truth that stands at the center, and we that orbit about it.(Tanya, chapter 38.)
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