Chabad - Today in Judaism - TODAY IS: Thursday, 29 Tishrei 5775 • 23 October 2014

Chabad - Today in Judaism - TODAY IS: Thursday, 29 Tishrei 5775 • 23 October 2014
Today's Laws & Customs:

Today in Jewish History:
• Passing of Rabbi Don Isaac Abravanel (1508) 
Today is the yahrtzeit (anniversary of the passing) of Rabbi Don Isaac Abravanel (1437-1508), one of the leaders of Spanish Jewry at the time of the 1492 expulsion. A minister in the king's court (after having served as treasurer to the king of Portugal), he chose to join his brethren in their exile. He began writing his extensive and highly regarded commentary on the Torah in 1503 in Venice (where it was published in 1579).
DAILY QUOTE:
When you hold a part of the essence, you hold all of it(Rabbi Israel Baal Shem Tov)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Chumash: Noach, 5th Portion Genesis 9:8-9:17 with Rashi
• Chapter 9
8. And God said to Noah and to his sons with him, saying: ח. וַיֹּאמֶר אֱלֹהִים אֶל נֹחַ וְאֶל בָּנָיו אִתּוֹ לֵאמֹר:
9. "And I, behold I am setting up My covenant with you and with your seed after you. ט. וַאֲנִי הִנְנִי מֵקִים אֶת בְּרִיתִי אִתְּכֶם וְאֶת זַרְעֲכֶם אַחֲרֵיכֶם:
And I, behold I: Agree with you, for Noah was afraid to engage in propagation until the Holy One, blessed be He, promised him never to destroy the world again, and so He did. He ultimately said to him, “Behold I agree to make a confirmation and a strengthening of a covenant for My promise, and I will give you a sign.” - [from Tan. Buber, Noach 17]
ואני הנני: מסכים אני עמך, שהיה נח דואג לעסוק בפריה ורביה עד שהבטיחו הקדוש ברוך הוא שלא לשחת את העולם עוד, וכן עשה. ובאחרונה אמר לו הנני מסכים לעשות קיום וחזוק ברית להבטחתי, ואתן לך אות:
10. And with every living creature that is with you, among the fowl, among the cattle, and among all the beasts of the earth with you, of all those who came out of the ark, of all the living creatures of the earth. י. וְאֵת כָּל נֶפֶשׁ הַחַיָּה אֲשֶׁר אִתְּכֶם בָּעוֹף בַּבְּהֵמָה וּבְכָל חַיַּת הָאָרֶץ אִתְּכֶם מִכֹּל יֹצְאֵי הַתֵּבָה לְכֹל חַיַּת הָאָרֶץ:
and among all the beasts of the earth with you: These are the ones that walk with people.
חית הארץ אתכם: הם המתהלכים עם הבריות:
of all those who came out of the ark: to include abominable creatures and creeping animals.
מכל יוצאי התבה: להביא שקצים ורמשים:
the living creatures of the earth: to include the demons, which are not included in“every living creature that is with you,” for they do not walk with human beings.
לכל חית הארץ: להביא המזיקין שאינן בכלל החיה אשר אתכם, שאין הילוכן עם הבריות:
11. And I will establish My covenant with you, and never again will all flesh be cut off by the flood waters, and there will never again be a flood to destroy the earth." יא. וַהֲקִמֹתִי אֶת בְּרִיתִי אִתְּכֶם וְלֹא יִכָּרֵת כָּל בָּשָׂר עוֹד מִמֵּי הַמַּבּוּל וְלֹא יִהְיֶה עוֹד מַבּוּל לְשַׁחֵת הָאָרֶץ:
And I will establish: I will make a confirmation for My covenant, and what is its confirmation? The rainbow, as it [Scripture] proceeds to conclude. [Note that the Oxford ms. and the Guadalajara ed. read: the sign of the rainbow. However, our edition coincides with other early editions.]
והקימותי: אעשה קיום לבריתי, ומהו קיומו, את הקשת כמו שמסיים והולך:
12. And God said: "This is the sign of the covenant, which I am placing between Me and between you, and between every living soul that is with you, for everlasting generations. יב. וַיֹּאמֶר אֱלֹהִים זֹאת אוֹת הַבְּרִית אֲשֶׁר אֲנִי נֹתֵן בֵּינִי וּבֵינֵיכֶם וּבֵין כָּל נֶפֶשׁ חַיָּה אֲשֶׁר אִתְּכֶם לְדֹרֹת עוֹלָם:
for everlasting generations: It [the word דֹרֹת] is written defectively [without the letter “vav”] because there were generations that did not require the sign because they were completely righteous, such as the generation of Hezekiah, the king of Judah, and the generation of Rabbi Shimon bar Yochai (Gen. Rabbah 35:2).
לדרת עולם: נכתב חסר, שיש דורות שלא הוצרכו לאות לפי שצדיקים גמורים היו, כמו דורו של חזקיהו מלך יהודה, ודורו של רבי שמעון בן יוחאי:
13. My rainbow I have placed in the cloud, and it shall be for a sign of a covenant between Myself and the earth. יג. אֶת קַשְׁתִּי נָתַתִּי בֶּעָנָן וְהָיְתָה לְאוֹת בְּרִית בֵּינִי וּבֵין הָאָרֶץ:
14. And it shall come to pass, when I cause clouds to come upon the earth, that the rainbow will appear in the cloud. יד. וְהָיָה בְּעַנְנִי עָנָן עַל הָאָרֶץ וְנִרְאֲתָה הַקֶּשֶׁת בֶּעָנָן:
when I cause clouds to come: when it comes to My mind to bring darkness and destruction to the world. — [from Gen. Rabbah 35:3]
בענני ענן: כשתעלה במחשבה לפני להביא חשך ואבדון לעולם:
15. And I will remember My covenant, which is between Me and between you and between every living creature among all flesh, and the water will no longer become a flood to destroy all flesh. טו. וְזָכַרְתִּי אֶת בְּרִיתִי אֲשֶׁר בֵּינִי וּבֵינֵיכֶם וּבֵין כָּל נֶפֶשׁ חַיָּה בְּכָל בָּשָׂר וְלֹא יִהְיֶה עוֹד הַמַּיִם לְמַבּוּל לְשַׁחֵת כָּל בָּשָׂר:
16. And the rainbow shall be in the cloud, and I will see it, to remember the everlasting covenant between God and between every living creature among all flesh, which is on the earth." טז. וְהָיְתָה הַקֶּשֶׁת בֶּעָנָן וּרְאִיתִיהָ לִזְכֹּר בְּרִית עוֹלָם בֵּין אֱלֹהִים וּבֵין כָּל נֶפֶשׁ חַיָּה בְּכָל בָּשָׂר אֲשֶׁר עַל הָאָרֶץ:
between God and between every living creature: Between the Standard of Justice of Heaven and between you, for it should have stated, “Between Me and every living creature!” But the following is its midrashic interpretation: When the standard of justice comes to accuse you (to condemn you), I will see the aforementioned sign. — [Gen. Rabbah 35:3] Other editions read: I will see the sign, and it will be remembered.
בין א-להים ובין כל נפש חיה: בין מדת הדין של מעלה וביניכם שהיה לו לכתוב וביני ובין כל נפש חיה. אלא זהו מדרשו כשתבא מדת הדין לקטרג עליכם (לחייב אתכם) אני רואה את האות ונזכר:
17. And God said to Noah: "This is the sign of the covenant that I have set up, between Myself and between all flesh that is on the earth." יז. וַיֹּאמֶר אֱלֹהִים אֶל נֹחַ זֹאת אוֹת הַבְּרִית אֲשֶׁר הֲקִמֹתִי בֵּינִי וּבֵין כָּל בָּשָׂר אֲשֶׁר עַל הָאָרֶץ:
This is the sign of the covenant: He showed him [Noah] the bow and said to him, “Here is the sign of which I spoke.” [The expression, “This is,” always denotes that the object is being pointed out by the speaker. Cf. Rashi , Exod. 12:2, 30:13, Lev. 8:5, 11:2.]
זאת אות הברית: הראהו הקשת ואמר לו הרי האות שאמרתי:
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Daily Tehillim: Psalms Chapters 140 - 144
• Chapter 140
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
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Tanya: Iggeret HaKodesh, middle of Epistle 25
• Lessons in Tanya
• Today's Tanya Lesson
Thursday, 29 Tishrei 5775 • 23 October 2014
Iggeret HaKodesh, middle of Epistle 25
והנה, אף כי ה׳ אחד ושמו אחד
Now, though1 “G‑d is one and His Name is one,”
דהיינו: דבורו ורוח פיו, המכונה בזהר הקדוש בשם שמו, הוא יחיד ומיוחד
i.e., [though] His speech and the “breath of His mouth,” which in the sacred Zohar2 is referred to as His Name, is singularly and uniquely one,
אף על פי כן ההארה והמשכת החיות הנמשכת מרוח פיו יתברך, מתחלקת לארבע מדרגות שונות, שהן ארבעה עולמות: אצילות, בריאה, יצירה, עשיה
nevertheless, the radiation and efflux of life-force which issues forth from His mouth, divides into four different levels. These are the Four Worlds — Atzilut, Beriah, Yetzirah and Asiyah.3
והשינוי הוא מחמת צמצומים ומסכים רבים
The difference is due to (4many) contractions and screens
לצמצם האור והחיות ולהסתירו, שלא יהא מאיר כל כך בעולם הבריאה כמו בעולם האצילות
that veil and obscure the light and the life-force, so that it will not radiate in the World of Beriah as much as in the World of Atzilut;
ובעולם היצירה הוא על ידי צמצומים ומסכים יותר וכו׳
and in the World of Yetzirah [the opaqueness is thickened] by means of further contractions and screens; and so on, i.e., how much more so in the World of Asiyah.
אבל אין שום שינוי, חס ושלום, בעצמות השכינה, שהיא דבר ה׳ ורוח פיו
Nevertheless, there is no change whatever, heaven forfend, in the essence of the Shechinah, which is the “word of G‑d” and the “breath of His mouth.”
וגם בבחינת ההארה והמשכת החיות
Also, as regards the radiation and efflux of life-force that issues from the “word of G‑d,”
הנה ההארה שבאצילות בוקעת המסך, ומתלבשת בבריאה, וכן מבריאה ליצירה, ומיצירה לעשיה
the radiation which is in [the World of] Atzilut pierces the screen and vests itself in [the World of] Beriah. Likewise from [the World of] Beriah to [the World of] Yetzirah, and from [the World of] Yetzirah to [the World of] Asiyah.
ולכן אור אין סוף ברוך הוא שבאצילות, הוא גם כן בעשיה, ובעולם הזה החומרי
Hence the [infinite] Ein Sof-light which is in [the World of] Atzilut is also present in [the World of] Asiyah, and [even] in this material world,
על ידי התלבשותו במלכות דבריאה, יצירה, עשיה, כמבואר הכל בכתבי האריז״ל
by being invested in the [Sefirah of] Malchut of [the Worlds of] Beriah, Yetzirah and Asiyah, as fully explained in the writings of R. Isaac Luria, of blessed memory.5
* * *
FOOTNOTES
1. Zechariah 14:9.
2. See Tikkunei Zohar, Tikkun XXII (66b).
3. In the original, the names of the Four Worlds (in descending order) are often telescoped into the acronym אבי״ע, pronounced ABiYA.
4. Parentheses are in the original text.
5. See Etz Chayim, Shaar 42, sec. 4; et al.
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Rambam: 
Daily Mitzvah P235, N254, N255 Sefer Hamitzvot
Today's Mitzvah
Thursday, 29 Tishrei 5775 • 23 October 2014

Positive Commandment 235
The Gentile Slave
"You shall have them serve you forever"—Leviticus 25:46.
One who acquires a gentile slave must retain his services for perpetuity. The slave is only granted freedom in the event that the master causes him irreversible personal injury.
The Gentile Slave
Positive Commandment 235
Translated by Berel Bell
The 235th mitzvah is that we are commanded regarding the treatment of Canaanite servants:1 that we should have them serve us forever, going free only in [a case where the master struck them and caused them to lose] a tooth or [use of] an eye. The same applies to any exposed organ which does not grow back, as explained in the Oral Tradition.2
The source of this commandment are G‑d's statement3 (exalted be He), "You shall have them serve you forever" and,4 "If a person strikes [his male or female servant in the eye...the tooth...he shall set the servant free...in compensation for his eye...in compensation for his tooth]."
In the words of the Talmudic tractate Gittin5: "Anyone who frees his servant transgresses a positive commandment, as it is written, 'You shall have them serve you forever.' " The words of the Written Torah itself show that he must be freed upon loss of a tooth or an eye.
The details of this mitzvah are completely explained in tractates Kiddushin6 and Gittin.
FOOTNOTES
1.This term, eved Canaani, is used not only for servants from Canaan, but for any non-Jewish servant who has been circumcised and immersed in a mikvah with the intention of becoming a servant.
2.Kiddushin 25a. These organs are the fingers, toes, ears, the tip of the nose, and the male organ.
3.Lev. 25:46.
4.Ex. 21:26
5.38a.
6.22b; 24a.
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Negative Commandment 254
Returning a Runaway Slave who Flees to Israel
"You shall not deliver a servant to his master"—Deuteronomy 23:16.
It is forbidden to return a non-Jewish slave to his master (even if he is Jewish) if he has escaped and fled to Israel. Rather, the slave must be given his freedom, and he must compensate his former master for his loss (i.e., his own monetary value). This because the slave has come to find refuge in the pure land that G‑d chose for His esteemed nation.
Returning a Runaway Slave who Flees to Israel
Negative Commandment 254
Translated by Berel Bell
The 254th prohibition is that we are forbidden from returning to his master a servant who has fled to Israel. This applies even if his master is Jewish — since he has run to Israel from outside Israel, he should not be returned1 to him. Rather, he must be freed, with his remaining value written down as a debt [owed by the former servant to his former master].
The source of this prohibition is G‑d's statement2 (exalted be He), "You must not turn him back over to his master."
It is explained in the 4th chapter of tractate Gittin3 that this verse refers to a servant who has run to Israel from outside Israel; that a document is written regarding his monetary value; that a get cherus (liberation document) is written for him; and that since he has come to dwell in the pure land which was chosen for the holy people, he shall never be returned to servitude. The details of this mitzvah are explained there.
FOOTNOTES
1.The prohibition applies even to the master living outside Israel. See Kapach, 5731, footnote 86. Chavel translates, "delivered," implying that the prohibition is exclusively on the one in Israel.
2.Deut. 23:16.
3.45a.
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Negative Commandment 255
Hurtful Words to the Runaway Slave
"He shall dwell with you do not oppress him"—Deuteronomy 23:17.
It is forbidden to verbally distress or humiliate a runaway slave. Though it is forbidden to humiliate anyone, especially a convert, one who does so to a runaway slave transgresses this additional prohibition, too.
Hurtful Words to the Runaway Slave
Negative Commandment 255
Translated by Berel Bell
The 255th prohibition is that we are forbidden from hurting the feelings of this servant1 who has run away to us.
The source of this prohibition is G‑d's statement2 (exalted be He), "He must be allowed to live alongside you wherever he chooses in your settlements. You must do nothing to hurt his feelings."
In the words of the Sifra3: "The phrase 'You must do nothing to hurt his feelings' refers to ona'as devarim."4 In the case of a convert, G‑d (exalted be He), added an extra prohibition of ona'as devarim due to his feeling of extreme humility and his status as a convert. In this case of a servant, who feels even more lowly and humble than a [regular] convert, G‑d added a third prohibition,5 in order that we should not say that "this servant doesn't mind ona'as devarim."6
It is clear that the servant referred to by the verse and the convert mentioned in the prohibition of ona'as devarim have both accepted upon themselves the Torah, i.e. they are gerei tzedek.7
FOOTNOTES
1.See previous mitzvah.
2.Deut. 23:17.
3.Sifri. See Kapach, 5731, footnote 91.
4.See N251, N252 (Lessons 267 and 271).
5.For ona'as devarim against any Jew, one violates prohibition 251. For ona'as devarim against a convert, one violates both N251 and N252. For ona'as devarim against the servant mentioned in this mitzvah, since he is also a convert, one violates N251, N252, and N255. Hilchos Avodim 8:11.
6.One might possibly think this because of the statement of R. Yehudah (Bava Kama 87a), "servants have no shame." However, this applies only while they are still servants, not after they have been freed. See Yad Halevi, note 5.
7.When a non-Jew becomes an eved Canaani, he becomes obligated in all prohibitions of the Torah and positive commandments which are not connected with a specific time. After the eved Canaani is freed, he becomes a full-fledged convert.
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Rambam:

• 1 Chapter a Day: Edut Edut - Chapter 3
Edut - Chapter 3
Halacha 1
The questioning and interrogation of witnesses is required with regard to cases involving both monetary law and capital punishment, as Leviticus 24:22 states: "You shall have one judgment." Nevertheless, our Sages ordained that witnesses in cases involving financial law not be questioned or interrogated, lest this prevent loans from being given.
What is implied? If witnesses say: "So-and-so lent so-and-so a maneh in this year," their testimony is allowed to stand even though they did not specify the month or the place in which the maneh was given, nor did they say of which coinage the maneh was.
Halacha 2
When does the above apply? With regard to admissions of liability, loans, presents, sales, and the like. Cases involving fines, by contrast, require the full process of questioning and interrogation. Needless to say, this applies with regard to cases involving the penalties of lashes and exile. Similarly, if a judge perceives that a claim may be contrived and his suspicions are aroused, questioning and interrogation is necessary even with regard to cases involving financial matters.
Halacha 3
Although there is no requirement to subject witnesses in cases involving monetary law to the full process of questioning and interrogation, if the witnesses contradict each other with regard to the derishot or the chakirot, their testimony is nullified. If the witnesses contradict each other with regard to the bedikot, their testimony is allowed to stand.
What is implied? One witness says: "He borrowed from him in Nissan," and the other witness says: "No, he borrowed in Iyar," their testimony is nullified. Or one says: "The loan was given in Jerusalem," and the second says: "No; we were in Lod," their testimony is nullified. Similarly, if one says: "He lent him a barrel of wine," and the other says: "It contained oil," their testimony is nullified, for they contradicted themselves with regard to the fundamental questions.
If, by contrast, one said: "He lent him a black maneh," while the other said: "It was a white maneh. One said: "They were in the upper storey when he made the loan," and the other said: "They were in the lower storey," their testimony is allowed to stand. Moreover, even if one said: "He lent him a maneh and the other, "He lent him two hundred," the defendant is obligated to pay him at least a maneh, because 200 contains 100. Similarly, if one said: "He owes him the cost of a barrel of wine," and the other says: "...a barrel of oil," the defendant is required to pay the lesser amount of the two. Similar concepts apply in all analogous situations.
Halacha 4
According to Scriptural Law, we do not accept testimony - neither in cases involving financial matter, nor in cases involving capital punishment - except orally from the witnesses, as implied by Deuteronomy 17:6: "On the basis of two witnesses...." Implied is that testimony is accepted only orally, and not on the basis of their written statements.
According to Rabbinic Law, however, we decide cases involving financial matters on the basis of testimony recorded in a legal document even if the witnesses are no longer alive. This measure was enacted lest the alternative prevent loans from being given. We do not adjudicate cases involving fines on the basis of testimony recorded in a legal document. Needless to say, cases involving lashes or exile are decided only on the basis of verbal testimony, not on the basis of a written document.
Halacha 5
In both cases involving financial matters and cases involving capital punishment, once a witness has testified and has been questioned in court, he cannot retract.
What is implied? If the witness state: "I testified in error," "I inadvertently forgot the details and now remembered that it was not so," or "I testified only out of fear of him" we do not heed him, even if he provides an explanation for his statements. Similarly, he cannot add that any of the matters he mentioned in his testimony were conditional.
The general principle is: Any statement made by a witness after his testimony was delivered and questioned that will lead to the nullification of that testimony or that adds a condition to the points stated is not heeded.
Halacha 6
Witnesses who sign a legal document are considered as if their testimony was delivered and questioned by a court of law. They cannot retract it.
When does the above apply? When the authenticity of the document can be verified without their testimony, e.g., other witness who could testify that it was their signatures were present or their signatures were found on other legal documents. If, however, the authenticity of the document could not be verified without their testimony and they said: "This is our handwriting, but we were compelled to do it," "...We were below majority at the time," "...We were related to the litigants," "...We were deceived," their statements are accepted and the legal document is nullified.
Halacha 7
If the witnesses say: "We were not acceptable as witnesses because of a transgression we violated," or "We took a bribe to testify on this document," their word is not accepted. The rationale is that a person's own testimony can never be used to have him considered as wicked. Instead, two witnesses must testify that he is wicked.
Similarly, if the witnesses say: "Our words were given on faith, their words are not accepted. For a person who signs as a witness on a promissory note given on faith is considered as if he gave false testimony.
Halacha 8
If witnesses say: "A protest was made by the seller to us with regard to this deed of sale," their words are accepted even though their signatures were found on other legal documents.
Halacha 9
When the witnesses signed on the document say: "The legal document was composed conditionally," their word is not accepted if their signatures were found on other legal documents. If, however, the authenticity of the document could not be verified without their testimony, their statements are accepted and we tell the litigants: "Fulfill the condition and then bring the matter to judgment."
Halacha 10
If one of the witnesses says: "The transaction was made conditionally," and the other says, "There was no condition involved," the testimony of the one witness is of consequence.
Halacha 11
Also in laws involving financial matters, we receive testimony only in the presence of the litigants. If, however, the plaintiff was deathly ill or the witnesses desired to travel overseas and the defendant was summoned and yet did not come, we receive the testimony outside his presence.
When does the above apply? To testimony given orally. The authenticity of the signatures of a legal document, by contrast, may be verified outside the defendant's presence. Moreover, even if the defendant is present and protests vociferously: "This document is a forgery," "They are false witnesses," or "They are unacceptable witnesses," we pay no heed to him. Instead, we verify the authenticity of the document. If the defendant brings proof which disqualifies the document, it is disqualified.
Halacha 12

Whenever a plaintiff has witnesses who will testify to prove his claim, he must tend to the witnesses until he brings them to court. If the court knows that the defendant is a strong and stubborn person and the plaintiff claims that the witnesses are afraid to come and testify on behalf of the plaintiff, the court compels the defendant to bring the witnesses. We adjudicate cases involving strong and stubborn people according to these and other analogous principles
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Rambam:
• 3 Chapters a Day: Avadim Avadim - Chapter Seven, Avadim Avadim - Chapter Eight, Avadim Avadim - Chapter Nine
Avadim - Chapter Seven
Halacha 1
The wording of a bill of release must connote that it is severing the connection between the slave and his master, so that his master no longer has any rights with regard to him. Therefore, if a master writes to his slave: "You and everything I own except for such and such a property or such and such a garment are now your property," the connection between them is not severed. The bill of release is nullified. And since the bill of release is not effective, the slave is not freed and he does not acquire any of the property. The same principles apply in all analogous situations.
Halacha 2
When a slave brings a bill of release that states: "Your person and my property are acquired by you," he acquires his own person and becomes a free man immediately. He does not, however, acquire the property until the authenticity of the signatures to the document are verified, as is the law with regard to other legal documents.
Similarly, if the document states: "All my property is acquired by you," he acquires his own person, but does not, however, acquire the property until the authenticity of the signatures to the document is verified. We divide the content of the document and say: "He acquires his own freedom, for we trust him when he brings his own bill of release, and he does not have to verify the authenticity of the document. With regard to property, a person does not acquire it unless he has clear proof of his ownership. Therefore, he does not acquire it until the authenticity of the document is verified.
Halacha 3
When a master frees two slaves with one bill of release, they do not acquire their freedom. Instead, one must write a bill of release for each slave individually.Therefore, if a person writes a single legal document transferring all his property to two slaves, they do not acquire even their own persons. If the master wrote two documents, one for each slave, they acquire the property and free each other.
When does the above apply? When the master wrote in each legal document: "All my property is given to so and so and so and so, my slaves." If, however, he writes: "Half of my property is given to so and so, my slave, and the other half is given to so and so, my slave," even if the owner wrote two documents, the slaves do not acquire anything. For the slaves are included in the master's property, and possession of half of each one is retained. Thus, this is not a valid release, and since the slave was not freed, he does not acquire any of the property.
Halacha 4
When a person seeks to release half of his slave with a bill of release, the slave does not acquire half of his person, and he is a slave just as he was before. If, by contrast, he releases half of a slave, because of a monetary payment - e.g., he took money for half his worth with the intent of freeing that half - the transaction is binding. Thus, he is half slave and half free man.
When does the above apply? When the master released half of the slave and retained half. If, however, he freed half of the slave with a legal document and sold the other half, or he freed half with a legal document and gave the other half as a present, since the slave leaves his domain entirely, the slave acquires half of his person, and he is half a slave and half a free man.
Similarly, when a slave is owned by two partners, and one frees his half - whether through money or through a legal document - the slave acquires his half, and he is half slave and half free man.
Halacha 5
When a master composes a bill of release for his maid-servant who is pregnant, stating "You are free, but your child-to-be remains a slave," his words are binding. If, however, it states: "You remain a maid-servant, but your child- to-be is free," it is of no consequence. For this is as if he freed half of the maid-servant using a legal document.
Halacha 6
With regard to a shifchah charufah: If the master desires to free her other half, making her a woman who is consecrated entirely, he may free her - whether with money or with a legal document. For even money completes her release.
Halacha 7
A person who is half slave and half free is not permitted to marry a Canaanite maid-servant, nor a free woman. Therefore, we compel his master to make him a free man. And we have a promissory note composed stating that the slave owes the master half his value.
When does the above apply? For a male slave. For a male is commanded to be fruitful and multiply. A maid-servant, however, should remain in her immediate state and serve her master one day, and herself the next. If sinners treat her loosely, we compel her master to free her. And we have a promissory note composed stating that she owes the master half her value.
Halacha 8
When a person is half slave and half free, and his master transferred the half he owns to his son who is below majority, so that the court would not be able to compel him to release him, the court appoints a guardian for the minor, and the guardian writes a bill of release. And we have a promissory note composed stating that the slave owes the master half his value.
If the minor needs the slave and has pangs of yearning for the slave, we separate him from him with money, for a minor has a great attraction for money.
Halacha 9
When a dying man who had a legal document composed, transferring all of his property to a servant, recovers, he regains possession of the property. He does not, however, regain possession of the servant, for he has already acquired the reputation of being a free man.
Avadim - Chapter Eight
Halacha 1
When a person sells his slave to a gentile, the slave is released as a free man. We compel the previous owner to buy him back from the gentiles at even ten times his value. He then composes a bill of release for him, and the slave is released.
If the gentile purchaser does not desire to sell the slave back at even ten times his value, we do not require the owner to make another offer. This fine is only collected and brought to judgment in a court of expert judges. If the seller dies, we do not require his heir to return the slave so that he can free him.
Halacha 2
The following rules apply when a person borrows money from a gentile and offers a slave as collateral. If the borrower fixed a time and told the gentile: "If this and this date arrives and I have not paid you, you acquire the body of this slave," the slave must be released immediately. If he told him: "Acquire the proceeds of his work," the slave is not released.
If the gentile expropriated the slave as payment for the debt, or attackers came upon the master and sought to kill him, and he redeemed himself from them by giving them his slave, the slave is not freed, for he was taken from his master against his will.
Halacha 3
If a person sells his slave to one of the servants of a king or his officers, despite the fact that the seller fears them, the slave receives his freedom. For he could have appeased them with other money.
Halacha 4
In the following instances - a person sold his slave to a gentile for 30 days, sold him except for his work, sold him except for the mitzvot, or sold him except for the Sabbaths and festivals - there is an unresolved question whether the slave is free or not. Therefore, if the slave seizes property belonging to his former master that equals his worth, so that he can purchase his freedom from the gentile, it is not expropriated from him.
Halacha 5
Whether a Jew sells his slave to a gentile who serves idols, a ger toshav, or even to a kuti, the slave is granted his freedom. If he sells his slave to an apostate Jew, there is an unresolved question regarding the matter. Therefore, if the slave seizes property belonging to his former master that equals his worth, so that he can purchase his freedom from the apostate, it is not expropriated from him.
Halacha 6
When a person living in Eretz Yisrael sells his slave to a master from the diaspora, the slave is granted his freedom. We compel his new master to compose a bill of release for him, and his money is forfeited.
Why did our Sages penalize the purchaser alone in this instance? Because if he had not purchased the slave, this slave would not have left Eretz Yisrael for the diaspora. Selling a slave to Syria or to Acre is considered as selling him to the diaspora.
Halacha 7
There is an unresolved question when an inhabitant of Babylonia marries a woman in Eretz Yisrael with the intent of returning to Babylonia, and the woman brings slaves and maid-servants to his household. There is a doubt whether they are considered as having been sold to the diaspora, for the husband has the right to the fruits of their labor, or they are not considered as having been sold to him, since their physical person belongs to the woman.
Halacha 8
When a slave follows his master to Syria, and his master sells him there, the slave is considered to have forfeited his privilege.
When does the above apply? When his master took him to the diaspora with the intent not to return to Eretz Yisrael. If, however, his master's intent was to return, and the slave followed him with that intent, should the master sell him there, he is granted his freedom, and we compel the purchaser to release him.
Halacha 9
When a slave asks his master to move to Eretz Yisrael, we compel his master to move there with him or to sell him to someone who is moving there. When a master living in Eretz Yisrael desires to move to the diaspora, he cannot compel the slave to move with him against his will. This law applies in all times, even in the present era, when the land is ruled by gentiles.
Halacha 10
When a slave flees from the diaspora to Eretz Yisrael, he should not be returned to slavery. Concerning such a person, the Torah Deuteronomy 23:16 states: "Do not return a slave to his master."
His master is told to compose a bill of release for him, and he writes a promissory note for his master for his worth, which the master holds until the freed slave earns that money and gives it to him. If the master does not desire to free him, the court invalidates his ownership of him, and the slave is free to go on his way.
Halacha 11
This slave who fled to Eretz Yisrael is a righteous gentile. Scripture adds a specific warning for anyone who would desire to deride him, for he is even more humble-spirited than a convert. Therefore, Scripture Deuteronomy 23:17 issues a command with regard to him: "He shall dwell with you, in your midst, in one of your cities that he desires. You shall not abuse him." Abusing him refers even to verbal derision.
Thus, a person who derides this convert transgresses three negative commandments: "A person should not abuse his colleague" (Leviticus 25:14), "Do not abuse a convert" (Exodus 22:20), and "You shall not abuse him." He also transgresses the commandment: "Do not oppress him" (Exodus, Ibid.), as explained with regard to the laws of ona'ah.
Halacha 12
When a person purchases a slave from a gentile without making a stipulation beforehand, and the slave does not desire to be circumcised or to accept the mitzvot incumbent upon slaves, he is given leeway for twelve months. If at the end of this period, he still does not desire, the master must sell him to a gentile or to the diaspora.
If the slave made a stipulation with the master at the outset that he did not have to circumcise himself, the owner may maintain him as a gentile for as long as he desires and may sell him to a gentile or the diaspora.
Similarly, even when a slave who has been circumcised and immersed himself to become a slave, but afterwards caused himself to be captured by a group of brigands, if his master cannot expropriate him - neither through the laws of the Jews, nor through the laws of the gentiles - he may accept payment for him from the gentile and formalize the sale through the gentile authorities, for he is preserving his money from the gentiles.
Halacha 13
When a person declares a slave ownerless, the slave is granted his freedom. A bill of release must be composed for him. If the master who declared him ownerless dies, his heir should compose the bill of release.
Halacha 14
The following rules apply when a slave who was imprisoned flees from jail. If his master despaired of regaining ownership of him, he is granted his freedom. His master is compelled to compose a bill of release for him.
Halacha 15
The following rules apply when a slave is taken captive by gentiles. If his first master despaired of regaining ownership of him, anyone who redeems him with the intent that he remain a slave may subjugate him, and he becomes his property. If he redeemed him with the intent that he become free, he is granted his freedom.
If the slave's first owner did not despair of regaining ownership, a person who redeems the slave with the intent that he remain a slave should take back the money he spent to redeem him from his owner, and the slave is returned to his original owner. If he redeemed him with the intent of freeing him, he is returned to his original owner without any payment.
Halacha 16
If a master makes a slave an apotiki for his creditor and then frees the slave, the slave is freed. We also compel the creditor to free him as well. This is a measure enacted for the correction of society, lest the creditor encounter the slave at a later time and say: "You are my slave."
Halacha 17
When a master marries his slave to a free woman, places tefillin on his head, or tells him to read three verses from a Torah scroll in public, or the like - i.e., matters in which only a freed person is obligated - he is considered to be free. We compel his master to compose a bill of release for him.
Similar rules apply when 1the slave took a vow that we compel slaves to fulfill, as we have stated with regard to vows, and instead of compelling him, his master said: "The vow is annulled." Since he did not compel him in a situation in which he should have compelled him, he indicated that he was concluding his subjugation of him.
From this, I conclude that if a person frees a slave while speaking in any language and utters statements that indicate that his intent is that he does not retain any authority over him at all, and he has resolved to accept this step, he cannot retract. We compel him to write a bill of release even though he has not written one already.
If, however, a person borrows money from his slave, makes him a guardian, the slave puts on tefillin in his master's presence, or reads three verses in the synagogue in his master's presence, and his master does not rebuke him, he does not obtain his freedom.
Halacha 18
It is forbidden for a person to teach his slave Torah. If he teaches him, he is not granted his freedom.
Halacha 19
If a person purchases a slave from a gentile, and the slave takes the initiative and immerses himself with intent of becoming free in the presence of his master, he attains his freedom. If he does this outside his master's presence, he must explicitly state his intent. Accordingly, the slave's master must push him into the water.
Halacha 20
If a Jew seizes possession of a gentile who was a minor, or finds a gentile child and has him immersed with the intent that he become a convert, he becomes a convert. If his intent was that the gentile become a slave, he becomes a slave. If his intent was that he become a free man, he becomes a free man.
Halacha 21
When the slaves and maid-servants of a convert take the initiative and immerse themselves in his presence, they attain their freedom.
Avadim - Chapter Nine
Halacha 1
When a Jew has relations with a Canaanite maid-servant - even if she is his own maid-servant - the offspring is considered a Canaanite slave with regard to all matters. And one may use him for service forever as any other slave.
Halacha 2
The laws applying to a Canaanite slave apply whether the master purchases the Canaanite slave from a fellow Jew, a resident alien, a gentile living under our jurisdiction or a person from another nation.
Similarly, a resident alien, a gentile living under our jurisdiction or a person from another nation has the prerogative of selling himself to a Jew as a slave, and then he is a slave with regard to all matters. Similarly, when a gentile sells his sons and his daughters they become Canaanite slaves. This is reflected by Leviticus 25:45: "From the children of the residents from them and from their families who are with you who give birth in your land may you purchase." All of these are Canaanite slaves with regard to all matters.
Halacha 3
If a person from another nationality engages in relations with one of our Canaanite maid-servants, a son who is conceived is a Canaanite slave, as implied by the phrase Ibid.: "Who give birth in your land." If, however, one of our slaves has relations with a gentile woman, the offspring is not a slave, as implied by the phrase: "Who give birth in your land." For a slave is not considered to have any genealogical connection to his offspring.
Halacha 4
When a gentile king wages war, brings captives and sells them, a slave who is purchased in this manner is considered a Canaanite slave with regard to all matters. The same laws apply if such a king grants permission for anyone who desires to go and kidnap people from the nation with whom he is waging war and sell them as slaves, or if his laws state that whoever does not pay his taxes - or does such and such or fails to do such and such - may be sold as a slave, the laws he ordains are binding, and these individuals are considered Canaanite slaves.
Halacha 5
When a gentile purchases another gentile as a slave, he does not purchase his physical person, but only the fruits of his labor. Nevertheless, if the gentile sells this slave to a Jew, his physical person is acquired by the Jew.
Halacha 6
A woman may purchase maid-servants, but she should not purchase slaves - even those below the age of majority, lest suspicions of her modesty arise. If she does purchase them, she acquires their physical person as a man would. It appears to me that she is forbidden only to purchase slaves that are nine years old or older.
Similarly, it is forbidden for a person to free a Canaanite slave. Anyone who frees such a slave violates a positive commandment, for Leviticus 25:46 states: "And you shall have them work for you forever." Nevertheless, if the master frees him, he attains his freedom, as we have explained. And once he frees him, we compel his master to compose a bill of release for him conforming to all the laws we have described.
It is permitted to free a slave for the sake of a mitzvah, even a mitzvah of Rabbinic origin - e.g., if ten free men were not present in the synagogue, a person may free his slave to complete the quorum. Similar laws apply in all analogous situations. Similarly, if people are treating a person's maid-servant in a licentious manner and she presents a stumbling block to sinful people, we compel her master to free her so that she will marry and thus remove the stumbling block. The same principles apply in all analogous situations.
Halacha 7
A master may tell his Canaanite slave: "Work for me, but I will not provide you with sustenance," and the slave must instead, go and beg from door to door and derive his sustenance from charity. For the Jews are obligated to support the slaves that live among them.
When does the above apply? To a man's own slaves. For the court does not take any steps to protect the property of adults. If a person does not provide food and drink for his slaves in a fitting manner, they will flee or die. And a person has greater concern for his own money than anyone else. Different rules apply, however, to slaves that his wife brought to his household as nichsei m'log. He is obligated to provide for their sustenance, for this is one of the conditions of bringing them to his household. For if the husband does not provide them with sustenance, they will die or flee, and he is not responsible for them.
Halacha 8
It is permissible to have a Canaanite slave perform excruciating labor.Although this is the law, the attribute of piety and the way of wisdom is for a person to be merciful and to pursue justice, not to make his slaves carry a heavy yoke, nor cause them distress. He should allow them to partake of all the food and drink he serves. This was the practice of the Sages of the first generations who would give their slaves from every dish of which they themselves would partake. And they would provide food for their animals and slaves before partaking of their own meals. And so, it is written Psalms 123:2: "As the eyes of slaves to their master's hand, and like the eyes of a maid-servant to her mistress' hand, so are our eyes to God."
Similarly, we should not embarrass a slave by our deeds or with words, for the Torah prescribed that they perform service, not that they be humiliated. Nor should one shout or vent anger upon them extensively. Instead, one should speak to them gently, and listen to their claims. This is explicitly stated with regard to the positive paths of Job for which he was praised Job 31:13, 15: "Have I ever shunned justice for my slave and maid-servant when they quarreled with me.... Did not He who made me in the belly make him? Was it not the One who prepared us in the womb?"
Cruelty and arrogance are found only among idol-worshipping gentiles. By contrast, the descendants of Abraham our patriarch, i.e., the Jews whom the Holy One, blessed be He, granted the goodness of the Torah and commanded to observe righteous statutes and judgments, are merciful to all.
And similarly, with regard to the attributes of the Holy One, blessed be He, which He commanded us to emulate, it is written Psalms 145:9: "His mercies are upon all of His works." And whoever shows mercy to others will have mercy shown to him, as implied by Deuteronomy 13:18: "He will show you mercy, and be merciful upon you and multiply you."
Blessed be God who grants assistance.
This concludes the tenth book, the Book of Acquisitions. It contains 75 chapters.
Hilchot Mechirah - 30 chapters;
Hilchot Zechiyah UMatanah - 12 chapters;
Hilchot Sh'chenim - 14 chapters;
Hilchot Shluchin VeShutafim - 10 chapters; and
Hilchot Avadim - 9 chapters.
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Hayom Yom:
Thursday, 29 Tishrei 5775 • 23 October 2014

"Today's Day"
Thursday, Tishrei 29, 5704
Torah lessons: Chumash: Noach, Chamishi with Rashi.
Tehillim: 140-144.
Tanya: Now, though (p. 541) ...of blessed memory. (p. 541).
We do recite the b'racha upon seeing the rainbow (p. 87); we do not follow those (authorities) who are hesitant in this matter.
A resident of Mezibuz had a quarrel with another. Once, while in the Baal Shem Tov's shul, he shouted that he would tear the other fellow to pieces like a fish.
The Baal Shem Tov told his pupils to hold one another's hand, and to stand near him with their eyes closed. Then he placed his holy hands on the shoulders of the two disciples next to him. Suddenly the disciples began shouting in great terror: They had seen that fellow actually dismembering his disputant.
This incident shows clearly that every potential has an effect - either in physical form or on a spiritual plane that can be perceived only with higher and more refined senses.
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Daily Thought:
Be Real
What is your job in this world? It is to be real.
Act real, mean what you say, think and really be thinking, talk to your Creator and let the words flow from your heart. Every cell of your body down to your fingernails should be real.
Yes, everyone knows there are so many things to accomplish in life and everyone agrees it’s better if they’re done with sincerity.
That’s not what’s meant. There’s just one thing you’re here to accomplish: To be real.(Hayom Yom, 20 Adar I.)
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