Today's Laws & Customs:
• Yom Kippur Observances
Yom Kippur is the holiest day of the year -- the day on which we are closest to G-d and to the quintessential core of our own souls. It is the "Day of Atonement" -- "For on this day He will forgive you, to purify you, that you be cleansed from all your sins before G-d" (Leviticus 16:30).
For twenty-six hours, from several minutes before sunset on Tishrei 9 to after nightfall on Tishrei 10, we "afflict our souls": we abstain from food and drink, do not wash or anoint our bodies, do not wear leather shoes, and abstain from marital relations.
When the Holy Temple stood in Jerusalem, the Yom Kippur service included the High Priest's entry into the "Holy of Holies" to offer the ketoret -- the only time that anyone entered the Temple's innermost chamber -- and the "casting of lots" over two goats, one to be offered to G-d and the other to carry off the sins of Israel to the wilderness. Today, we spend the day in the synagogue garbed in a white garment called a kittel to resemble the sin-free angels and to waken thoughts of repentance by reminding us of the day of our death. In the course of the day we hold five prayer services: Maariv, with its solemn Kol Nidrei service, on the eve of Yom Kippur; Shacharit; Musaf, which includes a detailed account of the Temple service; Minchah, which includes the reading of the Book of Jonah; and Ne'illah, the "closing of the gates" service at sunset. We say the Al Chet confession of sins ten times, and recite Psalms every available moment.
The day is the most solemn of the year, yet an undertone of joy suffuses it: a joy that revels in the spirituality of the day and expresses the confidence that G-d will accept our repentance, forgive our sins, and seal our verdict for a year of life, health and happiness. When the closing Ne'illah service climaxes in the resounding cries of "Hear O Israel... G-d is one" and a single blast of the shofar, the joy erupts in song and dance (a Chabad custom is to sing the lively niggun known as "Napoleon's March"), followed by the festive after-fast meal, making the evening following Yom Kippur a Yom Tov (festival) in its own right.
See also: More Yom Kippur laws & customs; an overview of the Yom Kippur services
• Links
A Yom Kippur anthology
About Yom Kippur (from JewishNewYear.com)
• Ten Days of Repentance
The 10-day period beginning on Rosh Hashanah and ending on Yom Kippur is known as the "Ten Days of Repentance"; this is the period, say the sages, of which the prophet speaks when he proclaims (Isaiah 55:6) "Seek G-d when He is to be found; call on Him when He is near." Psalm 130, Avinu Malkeinu and other special inserts and additions are included in our daily prayers during these days.
The Baal Shem Tov instituted the custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur.
On Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms. Click below for the break-down of the Psalms.
Before Kol Nidrei chapters 115-123</ br> Before retiring for the night chapters 124-132 </ br> After the Musaf prayer chapters 133-141</ br> After the Neilah final prayer chapters 142-150
Links: About the Ten Days of teshuvah; Voicemail; more on teshuvah
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. When sanctifying the moon of the month of Tishrei, it is customary to wait till the night after Yom Kippur.
Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Today in Jewish History:
• Rebecca Born (1677 BCE)
Birth of Rebecca (1677-1556 BCE), wife of Isaac, mother of Jacob and Esau, and one of the Four Matriarchs of Israel.
Links: Isaac & Rebecca (the biblical account); Whom to Marry; Faking It
• 2nd Tablets; Day of Forgiveness (1313 BCE)
On the 10th of Tishrei of the year 2449 from creation, 82 days after the people of Israel betrayed their newly entered covenant with G-d by worshipping a Golden Calf and after Moses twice spent 40 days atop Mount Sinai pleading on their behalf, "G-d restored His goodwill with the Jewish people gladly and wholeheartedly, saying to Moses 'I have forgiven, as you ask', and gave him the Second Tablets" -- thereby establishing the day as a time for atonement, forgiveness and teshuvah for all generations.
Link: The 120-Day Version of the Human Story
DAILY QUOTE:
DAILY STUDY:• Rebecca Born (1677 BCE)
Birth of Rebecca (1677-1556 BCE), wife of Isaac, mother of Jacob and Esau, and one of the Four Matriarchs of Israel.
Links: Isaac & Rebecca (the biblical account); Whom to Marry; Faking It
• 2nd Tablets; Day of Forgiveness (1313 BCE)
On the 10th of Tishrei of the year 2449 from creation, 82 days after the people of Israel betrayed their newly entered covenant with G-d by worshipping a Golden Calf and after Moses twice spent 40 days atop Mount Sinai pleading on their behalf, "G-d restored His goodwill with the Jewish people gladly and wholeheartedly, saying to Moses 'I have forgiven, as you ask', and gave him the Second Tablets" -- thereby establishing the day as a time for atonement, forgiveness and teshuvah for all generations.
Link: The 120-Day Version of the Human Story
DAILY QUOTE:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Vezot Hab'rachah, 7th Portion Deuteronomy 34:1-34:12 with Rashi
• Chapter 34
1. And Moses went up from the plains of Moab to Mount Nebo, [to the] top of the summit facing Jericho. And the Lord showed him all the Land: The Gilead until Dan, א. וַיַּעַל משֶׁה מֵעַרְבֹת מוֹאָב אֶל הַר נְבוֹ רֹאשׁ הַפִּסְגָּה אֲשֶׁר עַל פְּנֵי יְרֵחוֹ וַיַּרְאֵהוּ יְהֹוָה אֶת כָּל הָאָרֶץ אֶת הַגִּלְעָד עַד דָּן:
from the plains of Moab to Mount Nebo: There were many levels [leading up from the plain to the summit], but Moses covered them with one step. — [Sotah 13b]
מערבות מואב אל הר נבו: כמה מעלות היו ופסען משה בפסיעה אחת:
all the Land: He showed him the entire Land of Israel in its tranquility, and the oppressors who were destined to oppress it. — [Sifrei 33:30]
את כל הארץ: הראהו את כל ארץ ישראל בשלותה והמציקין העתידים להיות מציקין לה:
until Dan: He showed him the children of Dan practicing idolatry, as Scripture states, “And the children of Dan set up for themselves the graven image” (Jud. 18:30), and He showed him Samson, who was destined to issue from him [Dan] as a savior [for Israel]. — [ibid.]
עד דן: הראהו בני דן עובדים עבודה זרה שנאמר (שופטים יח, ל) ויקימו להם בני דן את הפסל, והראהו שמשון שעתיד לצאת ממנו למושיע:
2. and all [the land of] Naftali, and the land of Ephraim and Manasseh, and all the land of Judah, until the western sea, ב. וְאֵת כָּל נַפְתָּלִי וְאֶת אֶרֶץ אֶפְרַיִם וּמְנַשֶּׁה וְאֵת כָּל אֶרֶץ יְהוּדָה עַד הַיָּם הָאַחֲרוֹן:
And all [the land of] Naftali: He showed him his land in its tranquility and in its destruction, and He showed him Deborah and Barak of Kedesh-Naftali, waging war against Sisera and his troops. — [Sifrei 33:31]
ואת כל נפתלי: הראהו ארצו בשלותה וחורבנה, והראהו דבורה וברק מקדש נפתלי נלחמים עם סיסרא וחיילותיו:
and the land of Ephraim and Manasseh: He showed him their land in its tranquility and in its destruction; and He showed him Joshua, who was descended from Ephraim, waging war against the kings of Canaan, and Gideon, who was descended from Manasseh, waging war against Midian and Amalek. — [Sifrei 33:31]
ואת ארץ אפרים ומנשה: הראהו ארצם בשלותה ובחורבנה והראהו יהושע נלחם עם מלכי כנען שבא מאפרים, וגדעון שבא ממנשה נלחם עם מדין ועמלק:
and all the land of Judah: in its tranquility and in its destruction, and He showed him the kingdom of the house of David and their victories. — [Sifrei 33:31]
ואת כל ארץ יהודה: בשלותה ובחורבנה והראהו מלכות בית דוד ונצחונם:
until the western sea: Heb. עַד הַיָּם הָאַחֲרוֹן, the land in the west [of Israel], in its tranquillity and in its destruction. [Here, the sea referred to is the Mediterranean Sea, which represents the westernmost flank of the Land of Israel.] Another explanation: Do not understand the verse as stating הַיָּם הָאַחֲרוֹן, but read it as though it had said הַיּוֹם הָאַחֲרוֹן, “until the very last day,” meaning that the Holy One, blessed is He, showed Him all the incidents that were destined to happen to Israel [until “the last day,” namely,] until the time that the dead would return to life. — [Sifrei 33:31]
עד הים האחרון: ארץ המערב בשלותה ובחורבנה. דבר אחר אל תקרי הים האחרון אלא היום האחרון, הראהו הקב"ה כל המאורעות שעתידין לארע לישראל עד שיחיו המתים:
3. and the south, and the plain, the valley of Jericho, the city of palm trees, until Zoar. ג. וְאֶת הַנֶּגֶב וְאֶת הַכִּכָּר בִּקְעַת יְרֵחוֹ עִיר הַתְּמָרִים עַד צֹעַר:
and the south: Heb. הַנֶּגֶב, the southland [of the Land of Israel]. Another explanation: the Machpelah Cave [which is in Hebron, in the south of Israel], as Scripture states, “And they went up to the south בַנֶּגֶב, and they came to Hebron” (Num. 13:22). - [Sifrei 33:32]
ואת הנגב: ארץ הדרום. דבר אחר מערת המכפלה, שנאמר (במדבר יג, כב) ויעלו בנגב ויבא עד חברון:
and the plain: He showed him Solomon molding the vessels of the Holy Temple, as Scripture states, “In the plain (כִּכָּר) of the Jordan, the king molded them in thick clay” (I Kings 7:46). - [Sifrei 33:31]
ואת הככר: הראהו שלמה יוצק כלי בית המקדש, שנאמר (מ"א א' ז, מו) בככר הירדן יצקם המלך במעבה האדמה:
4. And the Lord said to him, "This is the Land I swore to Abraham, to Isaac, and to Jacob, saying, 'I will give it to your offspring.' I have let you see it with your eyes, but you shall not cross over there." ד. וַיֹּאמֶר יְהֹוָה אֵלָיו זֹאת הָאָרֶץ אֲשֶׁר נִשְׁבַּעְתִּי לְאַבְרָהָם לְיִצְחָק וּלְיַעֲקֹב לֵאמֹר לְזַרְעֲךָ אֶתְּנֶנָּה הֶרְאִיתִיךָ בְעֵינֶיךָ וְשָׁמָּה לֹא תַעֲבֹר:
saying, ‘I will give it to your offspring,’ I have let you see it: so that you [Moses] can go and say to Abraham, to Isaac, and to Jacob, “The oath that the Holy One, blessed is He, swore to you-He has fulfilled it!” This is what is meant by the word “saying” [i.e., Moses should say this to them] (Ber. 18b).“For this reason,” [God says to Moses,] “I have shown it to you. However, a decree has been made before Me, that you shall not cross over there, for otherwise, I would keep you alive until you would see Israel implanted and settled in the Land, and then you would go and tell them [the forefathers].”
לאמר לזרעך אתננה הראיתיך: כדי שתלך ותאמר לאברהם ליצחק וליעקב שבועה שנשבע לכם הקב"ה קיימה, וזהו לאמר, לכך הראיתיה לך, אבל גזרה היא מלפני ששמה לא תעבור, שאלולי כך הייתי מקיימך עד שתראה אותם נטועים וקבועים בה ותלך ותגיד להם:
5. And Moses, the servant of the Lord, died there, in the land of Moab, by the mouth of the Lord. ה. וַיָּמָת שָׁם משֶׁה עֶבֶד יְהֹוָה בְּאֶרֶץ מוֹאָב עַל פִּי יְהֹוָה:
And Moses… died there: Is it possible that Moses died, and [then] wrote, “And Moses… died there”? But [the answer is:] Moses wrote up to that juncture, and Joshua wrote from then on. Says Rabbi Meir: But is it possible that the Torah Scroll would be lacking anything at all, and yet Scripture states (Deut. 31:26),“Take this Torah Scroll” [and Moses commanded this to the Levites; so, according to the above opinion, is it possible that the Torah Scroll referred to there was an incomplete one, up to the juncture of Moses’s death? This cannot be!] Rather, [continues Rabbi Meir, we must say that] The Holy One, blessed is He, dictated this [i.e., the verse “And Moses… died there”], and Moses wrote it in tears. — [B.B. 15b, Sifrei 33:34]
וימת שם משה: אפשר משה מת וכתב וימת שם משה, אלא עד כאן כתב משה, מכאן ואילך כתב יהושע. ר' מאיר אומר אפשר ספר התורה חסר כלום, והוא אומר (לעיל לא, כו) לקוח את ספר התורה הזה, אלא הקב"ה אומר ומשה כותב בדמע:
by the mouth of the Lord: [i.e., Moses died] by a Divine kiss. — [B.B. 17a]
על פי ה': בנשיקה:
6. And He buried him in the valley, in the land of Moab, opposite Beth Pe'or. And no person knows the place of his burial, unto this day. ו. וַיִּקְבֹּר אֹתוֹ בַגַּי בְּאֶרֶץ מוֹאָב מוּל בֵּית פְּעוֹר וְלֹא יָדַע אִישׁ אֶת קְבֻרָתוֹ עַד הַיּוֹם הַזֶּה:
And He buried him: i.e., The Holy One, blessed is He, Himself, in His very glory [buried Moses]. — [Sotah 14a] Rabbi Ishmael, however, says that [the words“And he buried him” mean that] Moses buried himself. And this אֶת in the phrase here וַיִּקְבֹּר אוֹתוֹ is one of the three instances of the אֶת in Scripture which Rabbi Ishmael expounded on in this way [i.e., where the suffix attached אֶת is understood to be reflexive, meaning “to himself” , “to themselves” , and so on]. And similar to this case [are the following two instances]:“On the day when his Nazirite vow is completed, he must bring him (אֹתוֹ) ” (Num. 6:13), which means, “he shall bring himself” [i.e., present himself]. And likewise,“And they cause them (אוֹתָם) to bear the sin of their guilt” (Lev. 22:16). Surely does this refer to others causing them to bear that sin? Rather, the verse must mean that they cause themselves to bear the sin. — [Sifrei Nasso 32:124]
ויקבר אותו: הקב"ה בכבודו. רבי ישמעאל אומר הוא קבר את עצמו, וזהו אחד משלשה אתין שהיה רבי ישמעאל דורש כן. כיוצא בו (במדבר ו, יג) ביום מלאת ימי נזרו יביא אותו, הוא מביא את עצמו. כיוצא בו (ויקרא כב, טז) והשיאו אותם עון אשמה, וכי אחרים משיאים אותם, אלא הם משיאים את עצמם:
opposite Beth Pe’or: His burial site was ready there [at Beth Pe’or], since the six days of Creation, to atone for the [sinful] act of Pe’or. — [see Num. 25:1-8; Sotah 14a] This [Moses’s burial site] was one of the things created at twilight, on the eve of [the first] Sabbath. — [Avoth 5:6]
מול בית פעור: קברו היה מוכן שם מששת ימי בראשית לכפר על מעשה פעור, וזה אחד מן הדברים שנבראו בערב שבת בין השמשות:
7. Moses was one hundred and twenty years old when he died. His eye had not dimmed, nor had he lost his [natural] freshness. ז. וּמשֶׁה בֶּן מֵאָה וְעֶשְׂרִים שָׁנָה בְּמֹתוֹ לֹא כָהֲתָה עֵינוֹ וְלֹא נָס לֵחֹה:
His eye had not dimmed: Even after he died. — [see Sifrei 33:36]
לא כהתה עינו: אף משמת:
nor had he lost his [natural] freshness: [The word לֵחֹה refers to his [body’s] moisture. [Thus, the phrase means:] “[Even after his death,] decomposition did not take over his body, nor did the appearance of his face change.”
ולא נס לחה: לחלוחית שבו לא שלט בו רקבון ולא נהפך תואר פניו:
8. And the sons of Israel wept for Moses in the plains of Moab for thirty days, and the days of weeping over the mourning for Moses came to an end. ח. וַיִּבְכּוּ בְנֵי יִשְׂרָאֵל אֶת משֶׁה בְּעַרְבֹת מוֹאָב שְׁלשִׁים יוֹם וַיִּתְּמוּ יְמֵי בְכִי אֵבֶל משֶׁה:
The sons of Israel: [ordinarily meaning the children of Israel, male and female. But here, it refers only to] the males [who wept for Moses]. However, concerning [the passing of] Aaron, since he used to pursue peace and bring peace between a man and his fellow and between a woman and her husband, it is said [at Aaron’s passing], “The whole house of Israel [wept for him]” (Num. 20:29), meaning both males and females. — [Pirkei d’Rabbi Eliezer 17]
בני ישראל: הזכרים, אבל באהרן מתוך שהיה רודף שלום ונותן שלום בין איש לרעהו ובין אשה לבעלה נאמר (במדבר כ, כט) כל בית ישראל, זכרים ונקבות:
9. And Joshua the son of Nun was full of the spirit of wisdom, because Moses had laid his hands upon him. And the children of Israel obeyed him, and they did as the Lord had commanded Moses. ט. וִיהוֹשֻׁעַ בִּן נוּן מָלֵא רוּחַ חָכְמָה כִּי סָמַךְ משֶׁה אֶת יָדָיו עָלָיו וַיִּשְׁמְעוּ אֵלָיו בְּנֵי יִשְׂרָאֵל וַיַּעֲשׂוּ כַּאֲשֶׁר צִוָּה יְהֹוָה אֶת משֶׁה:
10. And there was no other prophet who arose in Israel like Moses, whom the Lord knew face to face, י. וְלֹא קָם נָבִיא עוֹד בְּיִשְׂרָאֵל כְּמשֶׁה אֲשֶׁר יְדָעוֹ יְהֹוָה פָּנִים אֶל פָּנִים:
whom the Lord knew face to face: For he was quite familiar with Him, speaking with Him at any time he wished, as it is said, “So now I will go up to the Lord” (Exod. 32:30), and, “You stand still, and I will listen to what the Lord will command concerning you” (Num. 9:8).
אשר ידעו ה' פנים אל פנים: שהיה לבו גס בו ומדבר אליו בכל עת שרוצה, כענין שנאמר (שמות לב, ל) ועתה אעלה אל ה', (במדבר ט, ח) עמדו ואשמעה מה יצוה ה' לכם:
11. as manifested by all the signs and wonders, which the Lord had sent him to perform in the land of Egypt, to Pharaoh and all his servants, and to all his land, יא. לְכָל הָאֹתֹת וְהַמּוֹפְתִים אֲשֶׁר שְׁלָחוֹ יְהֹוָה לַעֲשׂוֹת בְּאֶרֶץ מִצְרָיִם לְפַרְעֹה וּלְכָל עֲבָדָיו וּלְכָל אַרְצוֹ:
12. and all the strong hand, and all the great awe, which Moses performed before the eyes of all Israel. יב. וּלְכֹל הַיָּד הַחֲזָקָה וּלְכֹל הַמּוֹרָא הַגָּדוֹל אֲשֶׁר עָשָׂה משֶׁה לְעֵינֵי כָּל יִשְׂרָאֵל:
and all the strong hand: [This refers to] his receiving the Torah on the Tablets with his hands.
ולכל היד החזקה: שקבל את התורה בלוחות בידיו:
And all the great awe: [This refers to the] miracles and mighty deeds [that were performed for Israel] in the great and awesome wilderness. — [Sifrei 33:41]
ולכל המורא הגדול: נסים וגבורות שבמדבר הגדול והנורא:
before the eyes of all Israel: [This expression alludes to the incident where] his heart stirred him up to smash the tablets before their eyes, as it is said, “and I shattered them before your eyes” (Deut. 9:17). - [Sifrei 33:41] And [regarding Moses shattering the Tablets,] the Holy One Blessed is He gave His approval, as Scripture states, “[the first Tablets] which you shattered” (Exod. 34:1); [God said to Moses:] “Well done for shattering them!” - [Shab. 87a]
לעיני כל ישראל: שנשאו לבו לשבור הלוחות לעיניהם, שנאמר (לעיל ט, יז) ואשברם לעיניכם, והסכימה דעת הקב"ה לדעתו, שנאמר (שמות לד, א) אשר שברת, יישר כחך ששברת:
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Daily Tehillim: Psalms Chapters 55 - 59
• Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
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Tanya: Iggeret HaKodesh, end of Epistle 20
• Lessons in Tanya
• Today's Tanya Lesson
Shabbat, 10 Tishrei 5775 • 4 October 2014
Iggeret HaKodesh, end of Epistle 20
הנה כמו כן מזיווג זו״ן דבי״ע, נבראו מאין ליש כל הנבראים והנוצרים והנעשים
Similarly, by the union of Za and Nukva of Beriah, Yetzirah, and Asiyah, there were created — as yesh from ayin — all the beings that were created in the World of Beriah, formed in the World of Yetzirah and made in the World of Asiyah,
As explained above, Malchut of Atzilut as well as the union of Zu’n (Za and Nukva) of Atzilut creates the souls and angels of the World of Beriah, creatures which are created in a manner of yesh. And as explained above, this comes about through the power of the Ein Sof and the Kav that is vested in Malchut in general and in the union of Zu’n in particular.
So, too, the union of Zu’n of Beriah, Yetzirah and Asiyah results in the creation of the beings that pertain to these worlds (and, as the Alter Rebbe will conclude, here too there is a vestiture of a glimmer of the Kav, the infinite Ein Sof-light).
על ידי אור הנשמה שבתוכן, שהיא אלקות מהכלים דיו״ד ספירות דמלכות דאצילות
by the light of the Neshamah within them — for it (the Neshamah) is Divinity of the kelim of the Ten Sefirot of Malchut of Atzilut.
The ten kelim of Malchut of Atzilut descend into the Sefirot of Beriah, Yetzirah and Asiyah to serve as the Neshamah and Divinity of the Sefirot of Beriah, Yetzirah and Asiyah.
וגם בתוכה, הארת הקו דאור אין סוף
In it, within Malchut of Atzilut, there is also present the radiation of the Kav from the [infinite] Ein Sof-light,
Since the light of the Kav is similar to its source, the Luminary, it can bring about the creation of yesh from ayin, as explained above.
המלובש באצילות עד הפרסא
which is vested in Atzilut as far as the Prassa, the curtain or veil that screens off Atzilut from Beriah, so that the light of Beriah, Yetzirah and Asiyah will be utterly different from the essence of the G‑dly light in Atzilut.
והארת הקו, שהיה מאיר בכלים דיו״ד ספירות דמלכות
This radiation of the Kav, that radiated in the kelim of the Ten Sefirot of Malchut of Atzilut,
בקע הפרסא עמהם, ומאיר בהם, בבריאה יצירה עשיה, כמו באצילות ממש
pierced the Prassa together with them, and radiates in them — in the thirty kelim of Malchut of Atzilut that becomes a Neshamah for Beriah, Yetzirah and Asiyah — in Beriah, Yetzirah and Asiyah, just as in Atzilut itself.
This aspect of the illumination of the Kav that previously radiated within the kelim of Atzilut, remains constant even beyond the Prassa between Atzilut and Beriah, Yetzirah and Asiyah, that causes the light of the latter three worlds to be completely different from that of Atzilut. For the thirty kelim of Malchut of Atzilut pierce the Prassa and hence retain their Divine characteristics, becoming the light and soul of Beriah, Yetzirah and Asiyah. The same is therefore true of the ray of the Kav that is within them and thus also pierced the Prassa together with them, so that it too radiates within the light of the soul of Beriah, Yetzirah and Asiyah, thereby creating and animating the beings that populate those three worlds.
וכן גם הקו בעצמו, המלובש בסיום וסוף נצח הוד יסוד דאדם קדמון
The same is the case (not only with the ray of the Kav that is vested within the kelim of Atzilut, but) also with the Kav itself, which is vested in the conclusion and end of the Netzach, Hod and Yesod of Adam Kadmon (abbreviated in the Hebrew original as נה״י דא״ק),
שהוא סוף רגלי היושר שלו המסתיימים במלכות דעשיה
i.e., the end of [the Kav’s] “feet of Yosher” which conclude in Malchut of Asiyah:
הנה הארת הקו מאירה משם, ומתלבשת באור הנשמה דיו״ד ספירות דבריאה יצירה עשיה, שהוא אלוקות
a radiation from the Kav radiates from there — from Netzach, Hod and Yesod of Adam Kadmon — and vests itself in the light of the Neshamah of the Ten Sefirot of Beriah, Yetzirah and Asiyah, which is Divinity.
Adam Kadmon (lit., “Primordial Man”), “Who observes and looks to the end of all generations”), represents the first Divine thought concerning and encompassing all of creation. The particulars that are found within this thought serve as the basis of life for all of creation.
Within this level are to be found two modes of emanation, called Iggulim (lit., “circles”) and Yosher (lit., “straightness”). The former (transcendent) mode of emanation encompasses all of creation equally, while the latter (immanent) mode of emanation animates the various levels of creation by permeating each according to its particular rank.
The concluding level of Yosher (the “feet” of Yosher) of Adam Kadmon comes to an end in the very last level of the lowest World (which is Asiyah), i.e., at the Sefirah of Malchut of Asiyah. It is with regard to this level that the Alter Rebbe states above that the radiation from the Kav that illuminates even as far as Malchut of Asiyah “vests itself in the light of the Neshamah of the Ten Sefirot of Beriah, Yetzirah and Asiyah, which is Divinity.”
(The fact that it does so is not due to its vestiture in the kelim of Atzilut, but because of the Kav that radiates within Adam Kadmon, and as such is to be found within all levels of creation, even as far as the last level of Malchut of Asiyah. For Malchut of Asiyah too derives from the primordial thought of Adam Kadmon.)
והארה דהארה מתלבשת בנפש רוח דיו״ד ספירות דבריאה יצירה עשיה
And a radiation from [this] radiation [of the Kav] vests itself (not only in the light of the Neshamah of the Ten Sefirot of Beriah, Yetzirah and Asiyah, but also) in the Nefesh-Ruach of the Ten Sefirot of Beriah, Yetzirah and Asiyah,
ואף גם בכל הכלים שלהם
and also in all their kelim (i.e., in the kelim of the Sefirot of Beriah, Yetzirah and Asiyah),
Though these kelim are not actual Divinity, they are nevertheless irradiated by a glimmer of a glimmer of the Kav. It is not the investment of the Kav within the kelim of Atzilut that brings this about, for Atzilut only illuminates and is vested within that which may be called Divinity. Rather, the Primordial Thought of Adam Kadmon causes the Kav itself (which transcends Atzilut) to irradiate a glimmer of a glimmer of its light even within the kelim of the Sefirot of Beriah, Yetzirah and Asiyah.
והארה דהארה דהארה הוא בכל הנבראים ונוצרים ונעשים
while a radiation of [that] radiation of the [original] radiation is immanent in all the beings that were created in the World of Beriah, formed in the World of Yetzirah and made in the World of Asiyah,
This enables all created beings to be imbued with the Divine purpose of their creation, a purpose which is to be fulfilled by them. This intent, which originates in the Primordial Thought of Adam Kadmon, is the animating force of all created beings.
The meaning of “a radiation of a radiation of the radiation” is as follows: While a radiation of something is not the same as the object itself, nevertheless it is of the same nature. For example, the radiation of the Kav is still basically Divinity; it is of the same mahut (“essential nature”). By contrast, “a radiation of a radiation” (such as “a radiation of a radiation of the Kav”) differs from the Kav in essence, though still resembling it in the manner of its external manifestation; its metziut is the same.
This is why the “radiation of the radiation” vests itself in the Nefesh-Ruach of the Sefirot of Beriah, Yetzirah and Asiyah. For they are not of the same mahut as their antecedent Sefirot in Atzilut, inasmuch as the Sefirot in Atzilut are actual Divinity while they are not. However, the Sefirot of Beriah, Yetzirah and Asiyah are similar to the Sefirot in Atzilut, for they have in common the spiritual manifestation (the metziut) of kelim and Sefirot. True, they are not actual Divinity, but neither are they a manifestation (a metziut) of created beings.
Proceeding one step further, “a radiation of a radiation of the radiation” does not even share the metziut, the outward man-ifestation, of the original radiation. Thus, “a radiation of a radiation of the radiation” of the Kav vests itself within all created beings — within all entities that are yesh — which were “created, formed and made.”
כמו שכתוב: הימים וכל אשר בהם, ואתה מחיה את כולם
as it is written,1“The seas, and all that they contain [were made by You], and You give life to them all.”
I.e., life-force is drawn down from “You” — from the [infinite] Ein Sof-light — into all of creation, by way of “a radiation of a radiation of the radiation” of the Kav.
***
וכל זאת בבחינת התפשטות החיות, להחיותם
Now all this is by way of an extension of the vital force to animate them.
With regard to this indirect mode of illumination there is a difference in the manner of vestiture — in Atzilut; in the light of the Neshamah of Beriah, Yetzirah and Asiyah; in the Nefesh-Ruach and the kelim of the Ten Sefirot of Beriah, Yetzirah and Asiyah; and ultimately, in all created beings.
אמנם מציאותו ומהותו של אור האין סוף אינו בגדר מקום כלל
However, the essence and nature of the [infinite] Ein Sof-light is in no way subject to space; hence it cannot be said that this light is to be found in Atzilut in one manner, and in another manner in the lower three worlds of Beriah, Yetzirah and Asiyah and all their ramifications:
וסובב כל עלמין בשוה
rather, it encompasses all worlds equally.
ואת השמים ואת הארץ אני מלא, בהשוואה אחת
[Thus G‑d says,2] “I fill the heavens and earth” — uniformly.
ולית אתר פנוי מיניה, אף בארץ הלזו הגשמית
Likewise,3“There is no place — or spiritual level — devoid of Him,” even in this physical world.
רק שהוא בבחינת מקיף וסובב
[The Divine light is present,] however, [only] in an “encompassing” and “encircling” manner — not in a palpable indwelling, but in a concealed transcendence,
וכמו שכתוב הפירוש בלקוטי אמרים
as this concept (i.e., makkif, or Sovev Kol Almin) is explained in Likutei Amarim.4
ולא התפשטות והתלבשות החיות, להחיותם ולהוותם מאין ליש
As to the presence in the worlds of the very essence and nature of the [infinite] Ein Sof-light, this is not by way of an extension and investment of the life-force, thereby animating them and bringing them into being from ayin to yesh.
For even creation ex nihilo, though it involves a concealed power of the Ein Sof-light, is by definition an act of revelation and expansion that takes place by means of the Sefirot and spiritual levels that draw down and reveal this concealed power. This cannot result directly from the essence of the Ein Sof-light that is utterly concealed within creation.
כי אם על ידי הארה דהארה דהארה וכו׳ מהקו, כנזכר לעיל
Rather, [this extension of life-force and creative power emanates] only by means of a radiation from a radiation of the radiation, etc., from the Kav, as discussed above.
וגם מאור הסובב ומקיף לארבע עולמות, אצילות בריאה יצירה עשיה, בשוה
Also, from the [transcendent Ein Sof-] light that “encircles” and “encompasses” the Four Worlds — Atzilut, Beriah, Yetzirah and Asiyah — uniformly,
מאיר אל הקו הפנימי, דרך הכלים דיו״ד ספירות דבי״ע
there is a radiation to the inner Kav, by way of the kelim of the Ten Sefirot of Beriah, Yetzirah and Asiyah. The kelim thus encompass and transcend the light that is vested within them.
ובהארתו תוך הכלים, נותן בהם כח ועוז לברוא יש מאין
By its radiation within the kelim, it endows them with power and strength to create yesh from ayin.
It has already been explained that the creation of the respective beings of each of the Four Worlds comes about through the kelim of the Sefirot of that particular world. Their ability to create yesh from ayin (which can come about only from the essence of the Ein Sof-light that encompasses all worlds) results from the radiation of the encompassing light within them.
ומאחר שהבריאה היא על ידי הכלים
Now, because creation takes place by means of the kelim, which are finite and diverse, and the infinite light radiates within and through them,
לזאת הם הנבראים בבחינת ריבוי והתחלקות וגבול ותכלית
created beings are numerous and diverse, limited and finite,
ובפרט על ידי האותיות, כנזכר לעיל
especially since [the Divine radiation which brought them into being is revealed] by means of the letters, as explained above, for these letters (of speech) are even more finite and more diverse than the kelim.
To summarize: Both the indwelling aspect (the Kav) and the transcendent (“encompassing”) aspect of the [infinite] Ein Sof-light are present not only within the Sefirot, the Neshamah, Nefesh-Ruach and the kelim, of each of the worlds, but also within all the created beings of these worlds. The difference lies only in the degree of manifestation — whether it be a “radiation”, a “radiation of a radiation,” or a “radiation of a radiation of a radiation.”
When the creative light is present at the first and most direct level (“radiation”), though it is not the essence of the [infinite] Ein Sof-light that is manifest, the light will still be of the same nature; it retains the same mahut. When it manifests as a “radiation of a radiation,” the creative light will be essentially different, and merely bear some external resemblance to its source in the manner of its manifestation; only its metziut remains Divine. When, however, it is manifest as a “radiation of a radiation of a radiation,” as is the case with all created beings, it does not retain even the metziut of the original radiation; the Divine radiation merely descends into the metziut of the created being.
***
FOOTNOTES
1. Nechemiah 9:6
2. Yirmeyahu 23:24
3. Tikunei Zohar 57:91b.
4. Tanya, ch.48.
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Rambam:
Daily Mitzvah N251 Sefer Hamitzvot
Today's Mitzvah
Shabbat, 10 Tishrei 5775 • 4 October 2014
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Negative Commandment 251
Hurtful Words
"You shall not wrong one another and you shall fear your G‑d"—Leviticus 25:17.
It is forbidden to verbally distress or humiliate another.
Examples:
If a person has sinned in his youth and then repented, one may not tell him, "Thank G‑d who has taken you away from that path to this good path!" or similar indirect references to his earlier faults that may cause him pain.
[If a person is suffering from illness, one may not say (as Job's friends did), "Has anyone perished who was totally innocent?"
If you see people who seek to purchase grain, do not tell them that they can obtain it by a certain person, who in reality has nothing to sell.
Do not enter a store and ask, "How much does this item cost?" when you have no intention to make a purchase.]
Our Sages taught that hurtful words are, in fact, a graver sin than defrauding another of money.
Hurtful Words
Negative Commandment 251
Translated by Berel Bell
The 251st prohibition is that we are forbidden from verbally wronging another person by telling him things that will distress and humiliate him, and make him discouraged.1 For example, when a person has sinned in his youth, but changed his ways, and someone tells him, "Thank G‑d who has taken you away from that path to this good path," or similar indirect references to faults that cause him pain.
The source of this prohibition is G‑d's statement2 (exalted be He), "V'lo sonu one another and you shall fear your G‑d." Our Sages3 said that this refers to verbally causing him pain (ona'as devarim). 4
In the words of the Sifra, "The verse 'V'lo sonu one another' refers to ona'as devarim. What does this mean? If the person is a baal teshuvah, do not tell him, 'Remember your previous deeds...'; if there was illness...[do not say as Job's friends did, 'has anyone perished who was totally innocent?']; if you see donkey drivers...[who are seeking grain to buy, do not say that they can obtain it by a certain person, who in reality has nothing to sell and the drivers will be disappointed]; do not ask, 'how much does this cost?' [when you don't intend to make a purchase, since it will cause disappointment to the seller]."
Our Sages said,5 "Ona'as devarim is more serious than ona'as mamon, since regarding the former, the Torah says, 'and you shall fear your G‑d.'"6
The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.
FOOTNOTES
1.Literally, "make him unable to encourage himself."
2.Lev. 25:17.
3.Bava Metzia 58b.
4.Causing verbal pain, as opposed to ona'as mamon, which is cheating someone financially. See N250.
5.Bava Metzia 58b.
6.From this statement it is obvious that ona'as devarim is a distinct mitzvah, not just a subcategory of ona'as mamon.
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Daily Mitzvah N251 Sefer Hamitzvot
Today's Mitzvah
Shabbat, 10 Tishrei 5775 • 4 October 2014
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Negative Commandment 251
Hurtful Words
"You shall not wrong one another and you shall fear your G‑d"—Leviticus 25:17.
It is forbidden to verbally distress or humiliate another.
Examples:
If a person has sinned in his youth and then repented, one may not tell him, "Thank G‑d who has taken you away from that path to this good path!" or similar indirect references to his earlier faults that may cause him pain.
[If a person is suffering from illness, one may not say (as Job's friends did), "Has anyone perished who was totally innocent?"
If you see people who seek to purchase grain, do not tell them that they can obtain it by a certain person, who in reality has nothing to sell.
Do not enter a store and ask, "How much does this item cost?" when you have no intention to make a purchase.]
Our Sages taught that hurtful words are, in fact, a graver sin than defrauding another of money.
Hurtful Words
Negative Commandment 251
Translated by Berel Bell
The 251st prohibition is that we are forbidden from verbally wronging another person by telling him things that will distress and humiliate him, and make him discouraged.1 For example, when a person has sinned in his youth, but changed his ways, and someone tells him, "Thank G‑d who has taken you away from that path to this good path," or similar indirect references to faults that cause him pain.
The source of this prohibition is G‑d's statement2 (exalted be He), "V'lo sonu one another and you shall fear your G‑d." Our Sages3 said that this refers to verbally causing him pain (ona'as devarim). 4
In the words of the Sifra, "The verse 'V'lo sonu one another' refers to ona'as devarim. What does this mean? If the person is a baal teshuvah, do not tell him, 'Remember your previous deeds...'; if there was illness...[do not say as Job's friends did, 'has anyone perished who was totally innocent?']; if you see donkey drivers...[who are seeking grain to buy, do not say that they can obtain it by a certain person, who in reality has nothing to sell and the drivers will be disappointed]; do not ask, 'how much does this cost?' [when you don't intend to make a purchase, since it will cause disappointment to the seller]."
Our Sages said,5 "Ona'as devarim is more serious than ona'as mamon, since regarding the former, the Torah says, 'and you shall fear your G‑d.'"6
The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.
FOOTNOTES
1.Literally, "make him unable to encourage himself."
2.Lev. 25:17.
3.Bava Metzia 58b.
4.Causing verbal pain, as opposed to ona'as mamon, which is cheating someone financially. See N250.
5.Bava Metzia 58b.
6.From this statement it is obvious that ona'as devarim is a distinct mitzvah, not just a subcategory of ona'as mamon.
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Rambam:
• 1 Chapter a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 10Sanhedrin veha`Onashin haMesurin lahem - Chapter 10
Halacha 1
When one of the judges in a case involving capital punishment rules to acquit the defendant or to hold him liable, not because this is his own opinion which he arrived upon the basis of his own decision, but rather he was swayed after his colleague's words, he commits a transgression, as implied by Exodus 23:2: "Do not respond to a dispute with an inclination." According to the Oral Tradition, this command is interpreted to mean that, when the judges are determining the verdict, a person should not say: "It is sufficient for me to adopt so-and-so's understanding." Instead, he should say what he thinks himself.
Halacha 2
Included in this interdiction is a prohibition against a judge who had proposed a rationale to exonerate a defendant in a capital case to propose a rationale to convict him. This is also implied by: "Do not respond to a dispute with an inclination."
When does the above apply? In the give and take among the judges. At the time of the verdict even a judge who had proposed a rationale for acquittal may join the others who vote for conviction.
Halacha 3
When a scholar offers a rationale for acquittal and then dies, we consider it as if he is alive and advocating this position.
Halacha 4
If a judge says: "I can offer a rationale to acquit him" and then lost the power of speech or died before he could explain the rationale for acquittal, it is as if he does not exist.
Halacha 5
When two judges mention one rationale, even if they cite different prooftexts, they are only counted as one.
Halacha 6
According to the Oral Tradition, we learned that with regard to cases involving capital punishment, we do not ask the judge of the highest stature to render judgment first, lest the remainder rely on his opinion and not see themselves as worthy to argue against him. Instead, every judge must state what appears to him, according to his own opinion.
Halacha 7
Similarly, with regard to cases involving capital punishment, we do not begin with a condemnatory statement, but rather one which points towards acquittal.
What is implied? We tell the presumed transgressor: "If you did not commit the transgression concerning which testimony was given concerning you, do not fear the words of the witnesses.
Halacha 8
When one of the scholars makes a statement with regard to a case involving capital punishment: "I can teach a rationale which would convict him," we silence him. If he states: "I can teach a rationale which will exonerate him," he is raised up and included in the Sanhedrin. If his words are of substance, we heed his statements and he never descends. If his words are not of substance, he does not descend from the court for that entire day.
Even if the defendant himself says: "I can teach a rationale which will exonerate myself," we heed his statements and he is counted among the judges, provided his words are of substance.
Halacha 9
When a court errs with regard to a case involving capital punishment and convict an innocent person, ruling that he is guilty, and later they discover a rationale that would require that the ruling be nullified and he be vindicated, they nullify the ruling and retry the case. If, however, they erred and acquitted a person liable to be executed, the judgment is not nullified and the case is not retried.
When does the above apply? When they erred with regard to a matter that the Sadducees would not acknowledge. If, however, they erred with regard to a matter that the Sadducees acknowledge, we retry the case to convict him.
What is implied? If they said that a person who has adulterous or incestuous anal intercourse is not liable and they released him, he is retried and executed. If, however, they said a person who merely entered the woman's anus with the crown of his organ is not liable, and they released him. He is not retried. Similar principles apply in all analogous situations.
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Rambam:
• 3 Chapters a Day: Mechirah Mechirah - Chapter Sixteen, Mechirah Mechirah - Chapter Seventeen, Mechirah Mechirah - Chapter Eighteen
Mechirah - Chapter Sixteen
Halacha 1
The following laws apply when a person sells seeds of garden vegetables to a colleague, when the seeds themselves are not eaten. If the seeds do not grow, the seller is responsible to reimburse him for the money that he took from him. For we can assume that he purchased the seeds to sow them.
The above applies provided that the seeds did not grow because of a problem with the seeds themselves. If, however, the reason they did not grow is that the land was smitten with hail or the like, the seller is not responsible for the loss, for perhaps the reason that the seeds did not grow is the hail. Similar principles apply in all analogous situations.
Halacha 2
If, by contrast, a seller sold seeds that are eaten - e.g., wheat or barley -and the purchaser sowed them, and they did not grow, the seller is not responsible to reimburse the purchaser.Even if he sold him flax seeds, which most people purchase to sow, the seller is not responsible if they are destroyed when they are sown, since there are some who eat these seeds.
If, however, the purchaser notifies the seller that he is purchasing the seeds with the intent of sowing them, the seller is responsible for them. The same applies to objects that are purchased for medicinal purposes or for dyes. Similar principles apply in all analogous situations.
Halacha 3
From the above, we can derive the following law. Whenever a person purchases an item from a colleague and informs him that he intends to transport it to another city to sell it there, and after he transported it there a blemish which nullifies the sale was discovered, the seller may not tell the purchaser: "Bring my article here." Instead, the seller must reimburse the purchaser, and the seller must take the trouble of returning the article to its original place or selling it in the place to which it was transported. Even if the article was lost or stolen after the purchaser notified the seller, it is considered to have been in the seller's domain.
Different laws apply, however, when the purchaser did not tell the seller that he was planning to transport the article to another country and transported it nevertheless. If he then discovered a blemish, the article is considered to be in the domain of the purchaser until he returns it with its blemish to the seller.
Halacha 4
When a person purchases produce and discovers a blemish, and afterwards the article is lost or stolen, the article is considered in the domain of the purchaser until he returns it to the seller. If the produce becomes wormy and is spoiled because-of the length of time it had been kept, it is considered to be in the domain of the seller. If the purchaser realized the difficulty and should have notified the seller, but failed to do so, the produce is considered to be in his domain.
Halacha 5
When a person sells an ox to a colleague and it is discovered to have tendencies to gore, the seller can excuse himself from responsibility by saying: "I sold it to you for the purpose of slaughter."When does the above apply? When the purchaser buys oxen for both slaughter and plowing. If, however, the seller knows that the purchaser purchases oxen only to plow, the transaction is considered to have been conducted under false premises, and it is nullified. The same principles apply in all analogous situations.
Halacha 6
The following rule applies when a person sells an animal to a colleague for slaughter, the purchaser slaughters it, and it is discovered to be trefah. If it can definitely be determined that it had been trefah when it was purchased,the purchaser should return the slaughtered animal, and the seller must return the money.
From this ruling, we can derive the following principles that apply when a seller sells an entity that possesses a blemish, and the purchaser makes another blemish before he discovers the first blemish. If the purchaser creates the blemish in the process of performing an act that would ordinarily be performed - e.g., one who slaughters an animal that is trefah - he is not liable. If, however, he deviates from ordinary practice and makes another blemish before he discovers the first blemish, he should return the article to its owner and reimburse him for the blemish that he made.
Halacha 7
The following rules apply when a person purchases a garment and cuts it with the intent of making a cloak from it. If, because of the cut he made, he discovers a blemish in the fabric, he may return the pieces.
Should he sew the cloak and then discover the blemish in the fabric, he may return it. If he has increased its value, he may collect from the seller the value of the increase his sewing generated. Similar principles apply in all analogous situations.
Halacha 8
The following principles apply when a person sells landed property to a colleague, the purchaser derives benefit from the property, and afterwards discovers a blemish in it. If he desires to return the land to its owners, he must reimburse them for all the benefit that he derived. If it was a courtyard and he dwelled in it, he must pay them rent.
Halacha 9
When a person sells an article with a blemish that is not recognized, and the article that is sold becomes destroyed because of that blemish, the seller must return the money that he received.
Halacha 10
What is implied? A person sold an ox that did not have molars. The purchaser placed that ox together with his cattle, placed food before all of them, and they ate. He did not realize that the ox he had purchased was not eating until it died of starvation.
In such an instance, the purchaser may return the corpse to the seller, who is required to return his money to him. Similar principles apply in all analogous situations.
Halacha 11
Different rules apply if the seller is a broker who purchases from one person and sells to another without keeping the animal in his possession. For this reason, we assume that the broker did not know of the blemish. Therefore, the broker is required to take a Rabbinic oath that he did not know of the blemish, and then he is absolved of responsibility.
The rationale is that the purchaser had the responsibility of checking the ox he purchased independently and returning it to the broker before it died. The broker would then have returned it to the one who sold it to him. Since the purchaser did not do this, he caused himself a loss. Similar principles apply in all analogous situations. 12. The following rules apply when a person slaughters a firstborn animal, sells its meat, and then the purchaser discovers that the seller had not shown it to an expert: What the purchaser ate is not taken into consideration, and the seller is required to return to the purchaser the money he paid. The seller should receive the remainder of the meat from the purchaser and return his money to him.
Similarly, if a butcher slaughters a cow and sells it, and it is discovered that it was trefah, what the purchaser ate is not taken into consideration, and the seller is required to return the purchaser's money to him.The meat that was not eaten should be returned to the butcher, ] and he should return the money to the purchaser.
Halacha 13
If the purchaser sold the meat that was trefah to gentiles, he should come to an understanding with the butcher with regard to the money for the trefah; the butcher should then return the remainder to him. Similar principles apply in all analogous situations.
Halacha 14
When a person sells meat to a colleague and it is discovered to be the meat of a firstborn animal, or he sells produce and it is discovered to be tevel, or wine and it is discovered to be wine used for idolatry, what the purchaser consumed is not taken into consideration, and the seller is required to return the money he paid to the purchaser.
The same laws apply to any substance from which it is forbidden to partake according to Scriptural Law. This applies both when the prohibition is punishable by karet, or when there is merely an ordinary prohibition involved.
Different rules apply if one sells an object that is forbidden by Rabbinic law to be eaten. If the produce exists, one should return the produce and receive in return the money originally paid. If, however, one ate them, then one has benefited from it, and the seller is not obligated to return anything to the purchaser.
Whenever it is forbidden to benefit from an object - whether by Scriptural or Rabbinic law - the seller must return the money he received.There is no binding legal convention governing such a sale.
Mechirah - Chapter Seventeen
Halacha 1
There are four states applicable with regard to a seller:
a) The seller sold wheat assuring the purchaser that it was of a high quality, and it was discovered to be of a low quality. In such an instance, the purchaser may retract, but not the seller.
b) If the purchaser convinced the seller that the wheat was of a low quality, and it was discovered to be of a high quality. In such an instance, the seller may retract, but not the purchaser.
c-d) If the produce was said to be of a low quality, and it was discovered to be of a low quality, but not of the absolutely lowest quality, or he assured him that it was of a high quality, and it was discovered to be of a high quality, but not of the absolutely highest quality, we see if there was an unfair gain of one sixth of its value. If there was, neither may retract, but the unfair gain must be returned.
Halacha 2
If, however, a person claims to be selling red wheat and in fact, it is white, white wheat and in fact, it is red, olive wood and in fact, it is from a wild fig tree, or wild fig wood and in fact, it is from an olive tree, wine and it is discovered to be vinegar, vinegar and it is discovered to be wine, both the seller and the purchaser can retract. For the object of the sale is not of the type that the seller stated he was selling. Similar principles apply in all analogous situations.
Halacha 3
When a person sells wine to a colleague and the purchaser transfers it to his own containers, even if it turns into vinegar immediately, the seller is not held responsible for it. This law applies even if the purchaser says: "I am purchasing it to use for cooking." If the seller knew that his wine was turning sour, the transaction is considered to have taken place under false pretenses.
Different laws apply if a person sold a colleague wine, and it remained in the seller's containers and turned into vinegar. If the purchaser told the seller: "I need this for cooking," and the wine turns sour, the purchaser may return it and say: "Here is your wine and your containers. I did not buy it to drink, but rather to use for cooking a little bit at a time."
If the purchaser did not say: "I need this for cooking," he may not return it. For the owner may tell him: "Why didn't you drink it immediately. You should not have left it until it turned sour."
Halacha 4
The following rules apply when a person sells a barrel of beer to a colleague in a barrel belonging to the seller. If the beer becomes like vinegar within the first three days [after the sale, the change is considered to have taken place in the seller's domain and he must return the money he received. From that point onward, the change is considered to have taken place in the purchaser's domain.
Halacha 5
The following rules apply when a person sells a barrel of wine to a colleague who intends to sell it little by little. If half or a third of the wine becomes sour, it may be returned to the seller. If, however, the purchaser changes the hole for the spout, or the market day came and he was lax and did not try to sell the wine, it is considered to be in the purchaser's domain. Similar laws apply when a person accepts a barrel of wine from a colleague with the intent of transporting it to a particular destination and selling it there. If the price of the wine decreases or it becomes sour before it reaches the destination, it is considered to be in the purchaser's domain, for the barrel and the wine are his. Similar principles apply in all analogous situations.
Halacha 6
When a person tells a colleague: "I am selling you fragrant wine," he is responsible for the wine to retain its fragrance until the holiday of Shavuot. If he tells him: "I am selling you aged wine," he must give him wine from the previous year. If he mentions vintage wine, it must be in its third year and must retain its flavor without turning sour until the holiday of Sukkot.
In a locale where there is a well-known custom, everything is determined by the local custom.
Halacha 7
When a person tells a colleague: "I am selling you this cellar of wine for cooking," or merely "...a cellar of wine," the purchaser accepts the fact that the wine from ten containers out of one hundred will not be of as high a quality and will already have begun to sour. If more wine changes flavor, he has not acquiesced.
Halacha 8
If the seller told the purchaser: "I am selling you a cellar of wine for cooking," or he told him: "I am selling you a barrel of wine," he must provide him with wine that is entirely of high quality and fit to be used for cooking. If he told him: "I am selling you this cellar of wine," he should provide him with wine similar to that sold in a store - i.e., of average quality, neither bad nor good. If he told him, "I am selling you this cellar," and did not mention that it contained wine, the purchaser must accept it, even if it was all vinegar. Similar principles apply in all analogous situations.
Halacha 9
When a person tells a colleague: "I am selling you a wooden kneading tray," or "I am selling you a beam for an olive press," he may not give him a piece of wood that is fit to have a kneading tray hewn out from it, or a beam that is fit to be made into a beam for an olive press. Instead, he must give him a kneading tray that has already been fashioned or a beam for an olive press that has already been fashioned, one that any person seeing it will say: "This is a kneading tray," or "this is a beam for an olive press." Similar principles apply in all analogous situations.
Mechirah - Chapter Eighteen
Halacha 1
It is forbidden to deceive people with regard to a business deal or to beguile them. This prohibition applies equally to Jews and to gentiles.
If a seller knows that the article he is selling has a blemish, he must notify the purchaser about it. It is even forbidden to beguile a person with false flattery.
Halacha 2
One may not improve the appearance of a man being sold as a servant, nor of an animal, nor of old utensils, by making them appear to be new. One may, however, improve the appearance of new utensils, by polishing them, ironing them and beautifying them as much as necessary.
Halacha 3
One may not feed a man water in which bran was cooked, which causes his body to swell, making his face appear larger. One may not paint one's face with rouge and the like.
One may not inflate intestines that are being sold in a butchery, nor may one soak meat in water. All practices similar to the above are also forbidden.
One may not sell a gentile meat from an animal that was not ritually slaughtered on the pretense that it was ritually slaughtered, although religiously there is no difference to him whether or not ritual slaughter was performed.
Halacha 4
It is permitted to remove the husks from kernels of grain or beans, provided one does not do so only on the top of the grain sack, for doing so creates a false impression that the entire quantity has been husked.
It is permitted for a merchant to distribute roasted seeds and nuts to children and maidservants so that they will frequent his establishment. A merchant may discount the ordinary market price of an item to increase his volume of customers. The other merchants in the market place may not prevent him from doing so, nor is this considered to be deceiving a customer.
Halacha 5
One may not mix two batches of the same species of produce together. This applies when both batches are freshly harvested. Certainly, it is forbidden to mix produce harvested previously with freshly harvested produce. This applies even when previously harvested produce is more expensive than the freshly harvested, because the purchaser may desire to store the produce for an extended time.
An exception was made with regard to wine, and it is permitted to mix stronger wine with lighter wine during the time the wine is fermenting alone, because one improves the flavor of the other. If the flavor of the wine added is distinct, it is permitted to mix them at any time. For whenever an entity is distinct, its presence can be detected by a purchaser. And therefore, mixing it in is permitted.
Halacha 6
Water may not be mixed together with wine that one intends to sell. When water has been mixed with a person's wine, he should not sell it in a store unless he notifies the customers. He should not sell it to a merchant, even if he notifies him, lest the merchant deceive others. In a place where it is customary to add water to wine, one may do so, provided one does so at the time the wine is fermenting.
Halacha 7
A merchant may take from five wine vats and store the mixture in one tank. He may take from five granaries and store the mixture in one warehouse, as long as he does not intend to mix the produce.
Halacha 8
It is forbidden to mix dregs with either wine or oil. Mixing even the slightest amount is forbidden. One may not even mix the dregs produced yesterday with the dregs produced today.
If, however, one pours wine from one container into another, one may add the dregs to the wine.
Halacha 9
When a person sells "refined oil" to a colleague, the purchaser refuses to accept any dregs at all. If he sells him oil without mentioning any descriptive term, the purchaser is willing to accept that one and a half log from every 100 log will be dregs. And he accepts the fact that the remainder of the oil will have dregs; thus, it will be murky, with dregs being suspended in the oil in addition to the quantity of dregs that is standard in that locale.
Halacha 10
When does the above apply? When he pays the money in Tishrei, when oil is cloudy, and receives the oil in Nisan according to the measure of Tishrei, which is larger because of the unrefined oil above. If, however, the purchaser takes the measure given in Nisan, which is smaller because the oil has already become clear, he accepts only the measure of dregs mentioned in the previous halachah.
Halacha 11
When a person sells wheat to a colleague, the purchaser accepts that he will receive one fourth of a kav of legumes for every se'ah. When he purchases barley, he accepts that he will receive one fourth of a kav of dried-out kernels for every se'ah. When he purchases lentils, he accepts that he will receive one fourth of a kav of pebbles for every se'ah. When he purchases figs, he accepts that he will receive ten wormy ones for every hundred.
If a person sells any other type of produce to a colleague, the purchaser accepts that he will receive one fourth of a kav of dirty produce for every se'ah.
If the amount of lower quality produce exceeds these measures, the seller must sift the entire batch and give the purchaser sifted and cleaned produce that has no undesirable qualities.
Halacha 12
All of the above applies only in a place where there is no established custom. In a place where there is an established custom, everything follows the established custom.
Halacha 13
There are places where it is customary for all produce to be sold when it has been cleaned and sifted, removing all foreign bodies, and for the wines and the oils to be clear, without selling any dregs at all. And there are other places where produce is sold even when there are half dregs, or there is half the amount of sand, straw or another substance in the produce.
Therefore, in such a locale, if a person takes a stone from a colleague's grain heap, he must reimburse the owner as if the stone he took were wheat. For if he had left it there, it would have been sold as part of the measure of wheat.'If one would say, "Let him return the stone," this is forbidden, for it is forbidden to mix even the slightest amount of foreign substances into produce.
Halacha 14
When a person sells barrels in the Sharon in a place where there is no established custom, the purchaser accepts that out of 100 barrels, he will receive ten that are of inferior quality. Even these must, however, be attractive and fixed with pitch.
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Hayom Yom:
Shabbat, 10 Tishrei 5775 • 4 October 2014
"Today's Day"
Shabbat, Tishrei 10, Yom Hakippurim, 5704
Torah lessons: Chumash: B'racha, Shevi'i with Rashi.
Tehillim: 55-59. Before Kol Nidrei: 115-123. Before going to sleep: 124-132. After Musaf: 133-141. After Ne'ila: 142-150.
Tanya: And from this (p. 511) ...the world to come." (p. 513).
Yom Kippur eve begin Hashem malach tageil etc. The verse Or zarua is said once, aloud. (p. 296) Al daat hakahal...is said three times, softly. Ki hinei kachomer is not repeated. Bedtime sh'ma as every Shabbat and Festival. Avinu malkeinu z'chor rachamecha etc. is said in every tefilla. On Rosh Hashana and Yom Kippur the Thirteen Attributes of Mercy (p. 183) are recited when the Scrolls are removed from the Ark, even on Shabbat. The daily Tehillim is said after Musaf.
Haftora at Mincha: Va'yhi d'var until uv'heima raba, then Mi Keil kamocha etc. L'David ori said at Mincha too. Open the Ark for Ne'ila service at Ashrei, and it remains open until after the entire Ne'ila Service. Kaddish in Ne'ila - l'eila ul'eila. Ein k'Elokeinu, Aleinu, no blessing by the kohanim.
Hayom yifneh is said even after dark. She'assa li kol tzorki (p. 8) is not said until tomorrow.
On Yom Kippur it works out that we actually fast 26 hours.1
FOOTNOTES
1. Corresponding to the Divine Name Havayeh, numerically equivalent to 26. See Sefer Hasichot 5705 p. 21. See Likutei Sichot 16, page 522.
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Daily Thought:
Return with LoveShabbat, Tishrei 10, Yom Hakippurim, 5704
Torah lessons: Chumash: B'racha, Shevi'i with Rashi.
Tehillim: 55-59. Before Kol Nidrei: 115-123. Before going to sleep: 124-132. After Musaf: 133-141. After Ne'ila: 142-150.
Tanya: And from this (p. 511) ...the world to come." (p. 513).
Yom Kippur eve begin Hashem malach tageil etc. The verse Or zarua is said once, aloud. (p. 296) Al daat hakahal...is said three times, softly. Ki hinei kachomer is not repeated. Bedtime sh'ma as every Shabbat and Festival. Avinu malkeinu z'chor rachamecha etc. is said in every tefilla. On Rosh Hashana and Yom Kippur the Thirteen Attributes of Mercy (p. 183) are recited when the Scrolls are removed from the Ark, even on Shabbat. The daily Tehillim is said after Musaf.
Haftora at Mincha: Va'yhi d'var until uv'heima raba, then Mi Keil kamocha etc. L'David ori said at Mincha too. Open the Ark for Ne'ila service at Ashrei, and it remains open until after the entire Ne'ila Service. Kaddish in Ne'ila - l'eila ul'eila. Ein k'Elokeinu, Aleinu, no blessing by the kohanim.
Hayom yifneh is said even after dark. She'assa li kol tzorki (p. 8) is not said until tomorrow.
On Yom Kippur it works out that we actually fast 26 hours.1
FOOTNOTES
1. Corresponding to the Divine Name Havayeh, numerically equivalent to 26. See Sefer Hasichot 5705 p. 21. See Likutei Sichot 16, page 522.
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Daily Thought:
Don’t waste a good sin.
“All that G‑d does is good, even the wicked person on the day of his wickedness.” (Proverbs 16:4)
Why did a G‑d who hates evil create a world where evil can take charge of a human being? Only so that this human being would be driven yet higher than could ever be reached without sin.
Return from fear, and the sin has not accomplished its goal. It is a wasted sin.
Return from love, and the night has found its day. It has driven you higher.(Likutei Sichot vol. 17, page 190.)____________________________
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