Today's Laws & Customs:
Today in Jewish History:
DAILY QUOTE:
Daily Quote
Although a fire descended from heaven upon the Altar, it is a mitzvah to add to it a humanly produced fire(Talmud, Eruvin 63a)
DAILY STUDY:DAILY QUOTE:
Daily Quote
Although a fire descended from heaven upon the Altar, it is a mitzvah to add to it a humanly produced fire(Talmud, Eruvin 63a)
CHITAS AND RAMBAM FOR TODAY:
Chumash: Noach, 4th Portion Genesis 8:15-9:7 with Rashi
• Chapter 8
15. And God spoke to Noah saying: טו. וַיְדַבֵּר אֱלֹהִים אֶל נֹחַ לֵאמֹר:
16. "Go out of the ark, you and your wife, and your sons, and your sons' wives with you. טז. צֵא מִן הַתֵּבָה אַתָּה וְאִשְׁתְּךָ וּבָנֶיךָ וּנְשֵׁי בָנֶיךָ אִתָּךְ:
you and your wife, etc.: A man and his wife. Here He permitted them to engage in marital relations. See above 6:18, 7:7.
אתה ואשתך וגו': איש ואשתו, כאן התיר להם תשמיש המטה:
17. Every living thing that is with you of all flesh, of fowl, and of animals and of all the creeping things that creep on the earth, bring out with you, and they shall swarm upon the earth, and they shall be fruitful and multiply upon the earth." יז. כָּל הַחַיָּה אֲשֶׁר אִתְּךָ מִכָּל בָּשָׂר בָּעוֹף וּבַבְּהֵמָה וּבְכָל הָרֶמֶשׂ הָרֹמֵשׂ עַל הָאָרֶץ הַיְצֵא אִתָּךְ וְשָׁרְצוּ בָאָרֶץ וּפָרוּ וְרָבוּ עַל הָאָרֶץ:
bring out: It is written הוֹצֵא, but it is read הַיְצֵא הַיְצֵא means: tell them that they should come out. הוֹצֵא means: if they do not wish to come out, you take them out. — [from Gen. Rabbah 34:8]
הוצא: הוצא כתיב היצא קרי. היצא, אמור להם שיצאו. הוצא, אם אינם רוצים לצאת הוציאם אתה:
and they shall swarm upon the earth: But not in the ark. This tells us that even the animals and the fowl were prohibited from mating. — [from Gen. Rabbah ad loc.]
ושרצו בארץ: ולא בתיבה, מגיד שאף הבהמה והעוף נאסרו בתשמיש:
18. So Noah went out, and his sons and his wife and his sons' wives with him. יח. וַיֵּצֵא נֹחַ וּבָנָיו וְאִשְׁתּוֹ וּנְשֵׁי בָנָיו אִתּוֹ:
19. Every beast, every creeping thing, and all fowl, everything that moves upon the earth, according to their families they went forth from the ark. יט. כָּל הַחַיָּה כָּל הָרֶמֶשׂ וְכָל הָעוֹף כֹּל רוֹמֵשׂ עַל הָאָרֶץ לְמִשְׁפְּחֹתֵיהֶם יָצְאוּ מִן הַתֵּבָה:
according to their families: They accepted upon themselves the condition that they cleave to their own species.
למשפחתיהם: קבלו עליהם על מנת לידבק במינן:
20. And Noah built an altar to the Lord, and he took of all the clean animals and of all the clean fowl and brought up burnt offerings on the altar. כ. וַיִּבֶן נֹחַ מִזְבֵּחַ לַיהֹוָה וַיִּקַּח מִכֹּל | הַבְּהֵמָה הַטְּהֹרָה וּמִכֹּל הָעוֹף הַטָּהוֹר וַיַּעַל עֹלֹת בַּמִּזְבֵּחַ:
of all the clean animals: He said,“The Holy One, blessed be He, commanded me to take in seven pairs of these only in order to offer up a sacrifice from them.” - [from Tan. Vayakhel 6, Gen. Rabbah 34:9]
מכל הבהמה הטהורה: אמר לא צוה לי הקב"ה להכניס מאלו שבעה שבעה אלא כדי להקריב קרבן מהם:
21. And the Lord smelled the pleasant aroma, and the Lord said to Himself, "I will no longer curse the earth because of man, for the imagination of man's heart is evil from his youth, and I will no longer smite all living things as I have done. כא. וַיָּרַח יְהֹוָה אֶת רֵיחַ הַנִּיחֹחַ וַיֹּאמֶר יְהֹוָה אֶל לִבּוֹ לֹא אֹסִף לְקַלֵּל עוֹד אֶת הָאֲדָמָה בַּעֲבוּר הָאָדָם כִּי יֵצֶר לֵב הָאָדָם רַע מִנְּעֻרָיו וְלֹא אֹסִף עוֹד לְהַכּוֹת אֶת כָּל חַי כַּאֲשֶׁר עָשִׂיתִי:
from his youth: This is written מִנְּעֻרָיו [i.e., without a “vav,” implying that] from the time that he [the embryo] shakes himself [נִנְעָר] to emerge from his mother’s womb, the evil inclination is placed in him. — [from Gen. Rabbah 34:10]
מנעריו: מנעריו כתיב משננער לצאת ממעי אמו ניתן בו יצר הרע:
I will no longer…and I will no longer: He repeated the words to denote an oath. That is what is written (Isa. 54:9): “That I swore that the waters of Noah shall never again pass over the earth,” and we do not find an oath concerning this matter except in this [statement, in] which He repeated His words, and this [repetition denotes that it] is an oath. So did our Sages expound in Tractate Shevuoth (36a).
לא אסף. ולא אסף: כפל הדבר לשבועה, הוא שכתוב (ישעיהו נד ט) אשר נשבעתי מעבור מי נח, ולא מצינו בה שבועה אלא זו שכפל דבריו והיא שבועה, וכן דרשו חכמים במסכת שבועות (לו א):
22. So long as the earth exists, seedtime and harvest, cold and heat, summer and winter, and day and night shall not cease." כב. עֹד כָּל יְמֵי הָאָרֶץ זֶרַע וְקָצִיר וְקֹר וָחֹם וְקַיִץ וָחֹרֶף וְיוֹם וָלַיְלָה לֹא יִשְׁבֹּתוּ:
So long as the earth exists… shall not cease: Each of these six seasons has two months, as we learned: Half of Tishri, Marcheshvan, and half of Kislev are “seedtime.” Half of Kislev, Teveth, and half of Shevat are the “cold” season, etc. in B.M. (106b). (Other editions add: So long as the earth exists — Heb. עֹד means “always,” like (Num. 19:13): “his uncleanness is permanently (עוֹד) upon him.”)
עוד כל ימי הארץ וגו' לא ישבתו: שש עתים הללו שני חדשים לכל אחד ואחד, כמו ששנינו חצי תשרי ומרחשון וחצי כסליו זרע, חצי כסליו וטבת וחצי שבט קור וכו'. (עוד כל ימי, כלומר תמיד, כמו (במדבר יט יג) עוד טומאתו בו):
cold: is more severe than winter.
קור: קשה מחורף:
winter: Heb. חֹרֶף, the time for sowing barley and beans, which are early (חֲרִיפִין) to ripen quickly. The cold period is half of Shevat, Adar, and half of Nissan.
חורף: עת זרע שעורים וקטניות החריפין להתבשל מהר. הוא חצי שבט ואדר וחצי ניסן:
harvest: Half of Nissan, Iyar, and half of Sivan.
קציר: חצי ניסן ואייר וחצי סיון:
summer: קַיִץ. This is half of Sivan, Tamuz, and half of Av, which is the time of the gathering of the figs and the time when they dry them in the fields, and it (the dried fig) is קַיִץ, as (II Sam. 16:2): “the bread and the dried fruits (וְהַקַּיִץ) for the young men to eat.”
קיץ: חצי סיון תמוז וחצי אב, הוא זמן לקיטת תאנים וזמן שמייבשים אותן בשדות, ושמו קיץ כמו (שמואל ב טז ב) והלחם והקיץ לאכול הנערים:
heat: That is the end of the sunny season, half of Av, Elul, and half of Tishri, when the world is hottest, as we find in Tractate Yoma (29a): The end of the summer is more severe than the summer.
חום: הוא סוף ימות החמה חצי אב ואלול וחצי תשרי, שהעולם חם ביותר, כמו ששנינו במסכת יומא (כט א) שלהי קייטא קשי מקייטא:
and day and night shall not cease: From here we deduce that they ceased for the duration of the Flood: the planets did not function, and day was indistinguishable from night. — [from Gen. Rabbah 25:2, 34:11]
ויום ולילה לא ישבתו: מכלל ששבתו כל ימות המבול, שלא שמשו המזלות ולא ניכר בין יום ובין לילה:
shall not cease: All these shall not cease to perform according to their natural course.
לא ישבתו: לא יפסקו כל אלה מלהתנהג כסדרן:
Chapter 9
1. And God blessed Noah and his sons, and He said to them: "Be fruitful and multiply and fill the earth. א. וַיְבָרֶךְ אֱלֹהִים אֶת נֹחַ וְאֶת בָּנָיו וַיֹּאמֶר לָהֶם פְּרוּ וּרְבוּ וּמִלְאוּ אֶת הָאָרֶץ:
2. And your fear and your dread shall be upon all the beasts of the earth and upon all the fowl of the heaven; upon everything that creeps upon the ground and upon all the fish of the sea, [for] they have been given into your hand[s]. ב. וּמוֹרַאֲכֶם וְחִתְּכֶם יִהְיֶה עַל כָּל חַיַּת הָאָרֶץ וְעַל כָּל עוֹף הַשָּׁמָיִם בְּכֹל אֲשֶׁר תִּרְמֹשׂ הָאֲדָמָה וּבְכָל דְּגֵי הַיָּם בְּיֶדְכֶם נִתָּנוּ:
and your dread: Heb. וְחִתְּכֶם, means “your fear,” like (Job 6:21):“You see terror (חֲתַת).” According to the Aggadah (Shab. 151b), however, it is an expression of life (חַיּוּת) , for as long as an infant [even] one day old is alive, there is no need to guard him from mice, but if Og, the king of Bashan is dead, he must be guarded from mice, as it is said: “And your fear and your life shall be.” When will your fear be upon the creatures? As long as you are alive.
וחתכם: ואימתכם כמו (איוב ו כא) תראו חתת. ואגדה לשון חיות שכל זמן שהתינוק בן יומו חי אין אתה צריך לשומרו מן העכברים, עוג מלך הבשן מת, צריך לשומרו מן העכברים, שנאמר ומוראכם וחתכם יהיה, אימתי יהיה מוראכם על החיות, כל זמן שאתם חיים:
3. Every moving thing that lives shall be yours to eat; like the green vegetation, I have given you everything. ג. כָּל רֶמֶשׂ אֲשֶׁר הוּא חַי לָכֶם יִהְיֶה לְאָכְלָה כְּיֶרֶק עֵשֶׂב נָתַתִּי לָכֶם אֶת כֹּל:
shall be yours to eat: (Sanhedrin 59b) For I did not permit the first man [Adam] to eat meat, but only vegetation, but for you, just as the green vegetation which I permitted for the first man, I have given you everything.
לכם יהיה לאכלה: שלא הרשיתי לאדם הראשון לאכול בשר אלא ירק עשב, ולכם כירק עשב שהפקרתי לאדם הראשון, נתתי לכם את כל:
4. But, flesh with its soul, its blood, you shall not eat. ד. אַךְ בָּשָׂר בְּנַפְשׁוֹ דָמוֹ לֹא תֹאכֵלוּ:
flesh with its soul: He prohibited them [to eat] a limb [cut off from] a living creature; i.e., as long as its soul is in it, you shall not eat the flesh. — [from Sanh. ad loc.] [i.e., if the limb is cut from the animal while it is alive, it is forbidden to be eaten even after the animal expires.]
בשר בנפשו: אסר להם אבר מן החי, כלומר כל זמן שנפשו בו לא תאכלו הבשר:
with its soul, its blood: As long as its soul is within it.
בנפשו דמו: בעוד נפשו בו:
flesh with its soul…you shall not eat: This refers to a limb of a living creature. And also, its blood, you shall not eat-This refers to blood of a living creature. — [from above source]
בשר בנפשו לא תאכלו: הרי אבר מן החי ואף בנפשו דמו לא תאכלו, הרי דם מן החי:
5. But your blood, of your souls, I will demand [an account]; from the hand of every beast I will demand it, and from the hand of man, from the hand of each man, his brother, I will demand the soul of man. ה. וְאַךְ אֶת דִּמְכֶם לְנַפְשֹׁתֵיכֶם אֶדְרשׁ מִיַּד כָּל חַיָּה אֶדְרְשֶׁנּוּ וּמִיַּד הָאָדָם מִיַּד אִישׁ אָחִיו אֶדְרשׁ אֶת נֶפֶשׁ הָאָדָם:
But your blood: Even though I permitted you to take the life of animals, your blood I will demand of one who sheds his own blood [i.e., who commits suicide]. — [from Gen. Rabbah 34:13, B.K. 91b]
ואך את דמכם: אף על פי שהתרתי לכם נטילת נשמה בבהמה, את דמכם אדרוש מהשופך דם עצמו:
of your souls: Also one who strangles himself, even though no blood issued from him. — [Gen. Rabbah ad loc.]
לנפשותיכם: אף החונק עצמו אף על פי שלא יצא ממנו דם:
from the hand of every beast: Since the Generation of the Flood had sinned, and they were abandoned as prey for the wild beasts, which would have power over them, as it is said (Ps. 49:13, 21): “he is compared to the silenced animals” ; therefore, it was necessary to warn the beasts about them [not to kill them]. — [from unknown midrashic sources]
מיד כל חיה: לפי שחטאו דור המבול והופקרו למאכל חיות רעות לשלוט בהן, שנאמר (תהלים מט יג) נמשל כבהמות נדמו, לפיכך הוצרך להזהיר עליהן את החיות:
and from the hand of man: From the hand of one who kills intentionally, without witnesses, I will demand [his life]. Cf. Targum Jonathan , verse 6.
ומיד האדם: מיד ההורג במזיד ואין עדים אני אדרוש:
from the hand of each man, his brother: From the hand of the one who loves him like a brother, and killed him unintentionally, I will demand [punishment], if he does not go into exile nor beg that his iniquity be forgiven. For even the inadvertent sinner requires atonement. If there are no witnesses to sentence him to exile, and he does not humble himself, the Holy One, blessed be He, will demand it of him, as our Rabbis expounded [on the verse] (Exod. 21:13): “And God placed him into his hand,” in Tractate Makkoth (10b): the Holy One, blessed be He, causes them to meet at the same inn, etc. [The passage reads: What is this verse speaking of? Of two men, each of whom had murdered a person; one had murdered intentionally and one had murdered unintentionally. This one had no witnesses, and that one had no witnesses. The Holy One, blessed be He, causes them to meet at the same inn; the one who murdered intentionally sits under a ladder, and the one who murdered unintentionally climbs down the ladder, and falls upon him, killing him. The one who murdered intentionally is killed, and the one who killed unintentionally is exiled.]
מיד איש אחיו: מיד שהוא אוהב לו כאח והרגו שוגג, אני אדרוש, אם לא יגלה ויבקש על עונו לימחל, שאף השוגג צריך כפרה, ואם אין עדים לחייבו גלות והוא אינו נכנע, הקדוש ברוך הוא דורש ממנו. כמו שדרשו רבותינו ז"ל והא-להים אנה לידו במסכת מכות (י ב) הקדוש ברוך הוא מזמנן לפונדק אחד וכו':
6. Whoever sheds the blood of man through man shall his blood be shed, for in the image of God He made man. ו. שֹׁפֵךְ דַּם הָאָדָם בָּאָדָם דָּמוֹ יִשָּׁפֵךְ כִּי בְּצֶלֶם אֱלֹהִים עָשָׂה אֶת הָאָדָם:
through man shall his blood be shed: If there are witnesses, you kill him. Why? “For in the image of God, etc.”
באדם דמו ישפך: אם יש עדים המיתוהו אתם, למה, כי בצלם א-להים וגו':
He made man: This is an elliptical verse. It should read: “the Maker made man,” and there are many such instances in Scripture.
עשה את האדם: זה מקרא חסר, וצריך להיות עשה העושה את האדם, וכן הרבה במקרא:
7. And you, be fruitful and multiply; swarm upon the earth and multiply thereon." ז. וְאַתֶּם פְּרוּ וּרְבוּ שִׁרְצוּ בָאָרֶץ וּרְבוּ בָהּ:
And you, be fruitful and multiply: According to its simple meaning: the first [mention of this expression] (verse 1) was a blessing, and this [mention] is a commandment. According to its midrashic interpretation, [it is written here] to compare one who does not engage in propagation to one who sheds blood. — [from Yev. 63b]
ואתם פרו ורבו: לפי פשוטו הראשונה לברכה, וכאן לצווי. ולפי מדרשו להקיש מי שאינו עוסק בפריה ורביה לשופך דמים:
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Daily Tehillim: Psalms Chapters 135 - 139
• Chapter 135
1. Praise the Lord! Praise the Name of the Lord; offer praise, you servants of the Lord-
2. who stand in the House of the Lord, in the courtyards of the House of our God.
3. Praise the Lord, for the Lord is good; sing to His Name, for He is pleasant.
4. For God has chosen Jacob for Himself, Israel as His beloved treasure.
5. For I know that the Lord is great, our Master is greater than all supernal beings.
6. All that the Lord desired He has done, in the heavens and on earth, in the seas and the depths.
7. He causes mists to rise from the ends of the earth; He makes lightning for the rain; He brings forth the wind from His vaults.
8. It was He who struck down the firstborn of Egypt, of man and beast.
9. He sent signs and wonders into the midst of Egypt, on Pharaoh and on all his servants.
10. It was He who struck down many nations, and slew mighty kings:
11. Sichon, king of the Amorites; Og, king of Bashan; and all the kingdoms of Canaan.
12. And He gave their lands as a heritage, a heritage to His people Israel.
13. Lord, Your Name is forever; Lord, Your remembrance is throughout all generations.
14. Indeed, the Lord will judge on behalf of His people, and have compassion on His servants.
15. The idols of the nations are silver and gold, the product of human hands.
16. They have a mouth, but cannot speak; they have eyes, but cannot see;
17. they have ears, but cannot hear; nor is there breath in their mouth.
18. Like them will their makers become-all who trust in them.
19. House of Israel, bless the Lord; House of Aaron, bless the Lord;
20. House of Levi, bless the Lord; you who fear the Lord, bless the Lord.
21. Blessed is the Lord from Zion, who dwells in Jerusalem. Praise the Lord!
Chapter 136
This psalm contains twenty-six verses, corresponding to the twenty-six generations between the creation of the world and the giving of the Torah.
1. Praise the Lord for He is good, for His kindness is forever.
2. Praise the God of the supernal beings, for His kindness is forever.
3. Praise the Master of the heavenly hosts, for His kindness is forever.
4. Who alone performs great wonders, for His kindness is forever.
5. Who makes the heavens with understanding, for His kindness is forever.
6. Who spreads forth the earth above the waters, for His kindness is forever.
7. Who makes the great lights, for His kindness is forever.
8. The sun to rule by day, for His kindness is forever.
9. The moon and stars to rule by night, for His kindness is forever.
10. Who struck Egypt through its firstborn, for His kindness is forever.
11. And brought Israel out of their midst, for His kindness is forever.
12. With a strong hand and with an outstretched arm, for His kindness is forever.
13. Who split the Sea of Reeds into sections, for His kindness is forever.
14. And brought Israel across it, for His kindness is forever.
15. And cast Pharaoh and his army into the Sea of Reeds, for His kindness is forever.
16. Who led His people through the desert, for His kindness is forever;
17. Who struck down great kings, for His kindness is forever.
18. And slew mighty kings, for His kindness is forever.
19. Sichon, king of the Amorites, for His kindness is forever.
20. And Og, king of Bashan, for His kindness is forever.
21. And gave their land as a heritage, for His kindness is forever.
22. A heritage to Israel His servant, for His kindness is forever.
23. Who remembered us in our humiliation, for His kindness is forever.
24. And redeemed us from our oppressors, for His kindness is forever.
25. Who gives food to all flesh, for His kindness is forever.
26. Praise the God of heaven, for His kindness is forever.
Chapter 137
Referring to the time of the destruction of the Temple, this psalm tells of when Nebuchadnezzar would ask the Levites to sing in captivity as they had in the Temple, to which they would reply, "How can we sing the song of God upon alien soil?" They were then comforted by Divine inspiration.
1. By the rivers of Babylon, there we sat and wept as we remembered Zion.
2. There, upon the willows, we hung our harps.
3. For there our captors demanded of us songs, and those who scorned us-rejoicing, [saying,] "Sing to us of the songs of Zion.”
4. How can we sing the song of the Lord on alien soil?
5. If I forget you, Jerusalem, let my right hand forget [its dexterity].
6. Let my tongue cleave to my palate if I will not remember you, if I will not bring to mind Jerusalem during my greatest joy!
7. Remember, O Lord, against the Edomites the day of [the destruction of] Jerusalem, when they said, "Raze it, raze it to its very foundation!”
8. O Babylon, who is destined to be laid waste, happy is he who will repay you in retribution for what you have inflicted on us.
9. Happy is he who will seize and crush your infants against the rock!
Chapter 138
David offers awesome praises to God for His kindness to him, and for fulfilling His promise to grant him kingship.
1. By David. I will thank You with all my heart, in the presence of princes I shall praise You.
2. I will bow toward Your Holy Sanctuary, and praise Your Name for Your kindness and for Your truth; for You have exalted Your word above all Your Names.
3. On the day that I called out You answered me, You emboldened me, [You put] strength in my soul.
4. Lord, all the kings of the land will give thanks to You when they hear the words of Your mouth.
5. And they will sing of the Lord's ways, for the glory of the Lord is great.
6. For though the Lord is exalted, He sees the lowly; the High One castigates from afar.
7. If I walk in the midst of distress, keep me alive; against the wrath of my enemies stretch out Your hand, and let Your right hand deliver me.
8. Lord, complete [Your kindness] on my behalf. Lord, Your kindness is forever, do not forsake the work of Your hands.
Chapter 139
A most prominent psalm that guides man in the ways of God as no other in all of the five books of Tehillim. Fortunate is he who recites it daily.
1. For the Conductor, by David, a psalm. O Lord, You have probed me, and You know.
2. You know my sitting down and my standing up; You perceive my thought from afar.
3. You encircle my going about and my lying down; You are familiar with all my paths.
4. For there was not yet a word on my tongue-and behold, Lord, You knew it all.
5. You have besieged me front and back, You have laid Your hand upon me.
6. Knowledge [to escape You] is beyond me; it is exalted, I cannot know it.
7. Where can I go [to escape] Your spirit? And where can I flee from Your presence?
8. If I ascend to the heavens, You are there; if I make my bed in the grave, behold, You are there.
9. Were I to take up wings as the dawn and dwell in the furthest part of the sea,
10. there, too, Your hand would guide me; Your right hand would hold me.
11. Were I to say, "Surely the darkness will shadow me," then the night would be as light around me.
12. Even the darkness obscures nothing from You; and the night shines like the day-the darkness is as light.
13. For You created my mind; You covered me in my mother's womb.
14. I will thank You, for I was formed in an awesome and wondrous way; unfathomable are Your works, though my soul perceives much.
15. My essence was not hidden from You even while I was born in concealment, formed in the depths of the earth.
16. Your eyes beheld my raw form; all [happenings] are inscribed in Your book, even those to be formed in future days-to Him they are the same.
17. How precious are Your thoughts to me, O God! How overwhelming, [even] their beginnings!
18. Were I to count them, they would outnumber the sand, even if I were to remain awake and always with You.
19. O that You would slay the wicked, O God, and men of blood [to whom I say], "Depart from me!”
20. They exalt You for wicked schemes, Your enemies raise [You] for falsehood.
21. Indeed, I hate those who hate You, Lord; I contend with those who rise up against You.
22. I hate them with the utmost hatred; I regard them as my own enemies.
23. Search me, Lord, and know my heart; test me and know my thoughts.
24. See if there is a vexing way in me, then lead me in the way of the world.
____________________________
Tanya: Iggeret HaKodesh, middle of Epistle 25
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, 28 Tishrei 5775 • 22 October 2014
Iggeret HaKodesh, middle of Epistle 25
(אלא שבחוץ לארץ, החיות הוא על ידי התלבשות שרים החיצונים, הממונים על שבעים אומות)
(1However, outside the Land of Israel,2 the life-force is [bestowed] by [means of “the word of G‑d”] being invested within the extraneous patron-angels that are appointed over the seventy nations.
דהיינו, שיורד ניצוץ מדבר ה׳, הנקרא בשם מלכות דעשיה, ומאיר על השרים של מעלה, בבחינת מקיף מלמעלה
I.e., a [mere] spark from the “word of G‑d,” which is called Malchut of Asiyah, descends and radiates over the supernal patron-angels by encompassing them from above.
אך אינו מתלבש בהם ממש, אלא נמשך להם חיות מהארה זו, שמאיר עליהם מלמעלה בבחינת מקיף
I.e., it does not truly vest itself within them; rather, the life-force issues to them from this radiation which shines over them from above, in an encompassing manner.
ומהשרים נשפע חיות לאומות, ולבהמות חיות ועופות שבארצותיהם
And from the patron-angels, life-force issues to the nations, and to the cattle, beasts and fowl that are in their lands,
ולארץ הגשמית, ולשמים הגשמיים, שהם הגלגלים
and to the physical world, and the physical heavens, i.e., the spheres in which the stars orbit.3
(אלא ששמים וארץ ובהמות וחיות ועופות טהורים, נשפעים מקליפת נוגה
(4However, there are distinctions between the various categories of created beings: the heavens and the earth, and the cattle, beasts and fowl that are pure (i.e., kosher), are nurtured by kelipat nogah,
והטמאים ונפשות האומות, משאר קליפות)
whereas the impure [creatures] and the souls of the nations are [nurtured] by the other kelipot.)
Kelipat nogah represents a finely-balanced tension between potential good (which can also be misused) and potential evil (which can also be sublimated). The other three completely impure kelipot are entirely evil, as explained at length in Tanya, ch. 6.
והנה שמים וארץ וכל אשר בהם, בחוץ לארץ, כולם כלא ממש חשיבי, לגבי השרים שהם חיותם וקיומם
Now, outside the Land of Israel,5 the heavens and the earth and all they contain are all esteemed as truly nothing, in relation to the patron-angels which are [the conduits for] their life-force and continued existence.
והשרים כלא ממש חשיבי, לגבי החיות הנמשך להם מהניצוץ מדבר ה׳, המאיר עליהם מלמעלה
The patron-angels themselves are esteemed as truly nothing in relation to the life-force issuing to them from the spark of the “word of G‑d” which radiates over them from above, transcending them.
ואף על פי כן, החיות הנמשך לתוכם מהארה זו, הוא בבחינת גלות בתוכם
And even so, the life-force issuing to them from this radiation, is in a state of exile within them.
ולכן נקראים בשם אלקים אחרים, וקרו ליה: אלהא דאלהיא, שגם הם הן בבחינת אלקות
That is why they are called elohim acherim (“other gods”), while they call Him,6 “G‑d of the gods,” since they consider themselves as deities.
ולכן הגוים הנשפעים מהם, הם עובדי עבודה זרה ממש
Therefore, in view of their source, the nations which receive their life-force through [their patron-angels] are truly idolaters —
עד עת קץ, שיבולע המות והסטרא אחרא
[but only] until the time of the “end”, until the time of the imminent Redemption, when death and the sitra achra (i.e., the “other side,” the unholy aspect of the universe) will be swallowed up.
ואז אהפוך אל עמים כו׳, לקרוא כולם בשם ה׳
Of that time G‑d promises,7 “Then shall I make the nations [pure of speech] so that they will all call upon the Name of G‑d.”
The Alter Rebbe now returns to the theme of the Divine spark in exile:
ונקרא גם כן בשם גלות השכינה
This [sustenance of idolaters through the Divine spark] is also called “the exile of the Shechinah.”
מאחר שחיות זה, אשר בבחינת גלות בתוכם
For this life-force, which is in a state of exile within them, as previously explained,
הוא מהארה הנמשכת להם מהניצוץ מדבר ה׳, הנקרא בשם שכינה
stems from the radiation issuing to them from the spark of the “word of G‑d,” which is called Shechinah in the terminology of the Sages, as mentioned above.
According to the above, however, it would seem that this state of exile has existed since the creation of the world, with all its impure animals, etc. What do we mean, then, when we say that “the Shechinah was exiled”? This question is answered in the following parenthetical passage.
(וגלות זה נמשך מחטא עץ הדעת ואילך
(8And this exile, brought about by the fact that the kelipot derive their life-force from a spark of G‑d’s creative speech, stems from the sin of the Tree of Knowledge and onwards, for from that time kelipot were able to receive a degree of vitality that they did not have until that point.
והוא בחינת אחוריים לבד דקדושה
However, [they receive their vitality] only from the hindmost (i.e., from the lowest and most external) dimension of holiness.
אך כשגלו ישראל לבין האומות, ואחיזת ישראל ושרשם הוא בבחינת פנים העליונים
But when the Jewish people were exiled among the nations — and the Jewish people are attached and rooted in the Supernal Countenance (the panim, or pnimiyus, i.e., the innermost aspect of Divinity) —
הנה זו היא גלות שלימה
this became a total exile. For then the innermost aspect of Divinity was also drawn down to the patron-angels and the nations, as explained at length in Iggeret HaTeshuvah, ch. 6; see there.
ועל זה אמרו רז״ל: גלו לאדום, שכינה עמהם))
Of this our Sages, of blessed memory, said,9 “When [the Jewish people] were exiled to Edom, the Shechinah accompanied them.”))
* * *
FOOTNOTES
1. Parentheses are in the original text.
2. Following Luach HaTikkun, the standard (i.e., censored) printed text of Tanya has been emended in this edition from the phrase שבארצות העובדי גילולים (“in the lands of the heathens”) to the original phrase, שבחוץ לארץ (“outside the Land of Israel”). Likewise, in many places in the present letter, עובדי גילולים (“heathens”) has been corrected to אומות (“nations”).
3. See Rambam, Hilchot Yesodei HaTorah, ch. 3.
4. Parentheses are in the original text.
5. Following Luach HaTikkun, the standard (i.e., censored) printed text of Tanya has been emended in this edition from the phrase שבארצות העובדי גילולים (“in the lands of the heathens”) to the original phrase, שבחוץ לארץ (“outside the Land of Israel”). Likewise, in many places in the present letter, עובדי גילולים (“heathens”) has been corrected to אומות (“nations”).
6. Menachot 110a, and see Chiddushei Aggadot of the Maharsha there.
7. Zephaniah 3:9.
8. Parentheses are in the original text.
9. Megillah 29b (in the version of Ein Yaakov); Mechilta, Parshat Bo 12:41, et al.
____________________________
Rambam:
Daily Mitzvah P196, N232, P234, P233, N261 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 28 Tishrei 5775 • 22 October 2014
Daily Mitzvah P196, N232, P234, P233, N261 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 28 Tishrei 5775 • 22 October 2014
Positive Commandment 196
Gifts upon the Discharge of a Jewish Bondsperson
"You shall surely provide him from your flock, from your threshing floor, and from your vat, you shall give him from what G‑d, your G‑d, has blessed you"—Deuteronomy 15:14.
Upon the discharge of a Jewish bondsperson, we are commanded to give him [or her] gifts, to assist him in his newfound freedom. We must not allow him to leave empty-handed.
Gifts upon the Discharge of a Jewish Bondsperson
Positive Commandment 196
Translated by Berel Bell
The 196th mitzvah is that we are commanded to give a severance gift and assistance to a Jewish servant who leaves his master without giving payment.1 He should not go away empty-handed.
The source of this commandment is G‑d's statement2 (exalted be He), "Give him a severance gift from your flocks, from your threshing floor, and from your wine vat, so that he will have a share of all the things with which G‑d your L‑rd has blessed you."
The details of this mitzvah are explained in the first chapter of tractate Kiddushin.3
FOOTNOTES
1.E.g. after serving six years or upon reaching the Jubilee Year. If, however, the servant paid money in order to be released, the master is not obligated in this mitzvah. This distinction is derived from the phrase (Deut. 15:13) "When you send him away free." Hilchos Avodim 3:14.
2.Deut. 15:14.
3.14b.
________________________________________
Negative Commandment 233
Discharging a Jewish Bondsman Empty-Handed
"When you send him away free, you shall not let him go away empty-handed"—Deuteronomy 15:13.
When a bondsman is discharged after six years of service, his master is forbidden to let him leave empty-handed. Rather, he must give him gifts.
Discharging a Jewish Bondsman Empty-Handed
Negative Commandment 233
Translated by Berel Bell
The 233rd prohibition is that we are forbidden from sending away empty-handed a Jewish servant who has worked for us when he goes free at the end of six years. We are obligated to give him gifts from our possessions.
The source of this prohibition is G‑d's statement1 (exalted be He), "When you send him away free, do not send him empty-handed."
The details of this mitzvah, which is called the mitzvah of ha'anakah, are explained in the beginning of tractate Kiddushin.
FOOTNOTES
1.Ibid. 15:13.
Redemption of a Jewish Maidservant
"He must let her be redeemed"—Exodus 21:8.
A person who acquires a Jewish maidservant must allow for her redemption through the various methods prescribed by the Torah.
Redemption of a Jewish Maidservant
Redemption of a Jewish Maidservant
Positive Commandment 234
Translated by Berel Bell
The 234th mitzvah is that we are commanded regarding the redemption of a female Jewish servant.
The source of this commandment is G‑d's statement1 (exalted be He), "[If he does not perform yi'ud] he must let her be redeemed."
This redemption has many conditions, details and laws associated with it. They are all set forth in tractate Kiddushin, 2where all the laws associated with a female Jewish servant are completely explained.
G‑d's statement,3 "If none of the above three are done to the girl, [then she shall be released without payment]," is explained by the Mechilta [that the three things are,] "either her master must marry her, or his son must marry her, or he must let her be redeemed."
FOOTNOTES
1.Ex. 21:8.
2.19a.
3.Ex. 21:11.
Marrying a Jewish Maidservant
"If he did not designate her [for himself], then he shall enable her to be redeemed"—Exodus 21:8.
It is a [non-binding] mitzvah for the master of a Jewish maidservant to marry her [if she consents], or to wed her to his son. This mitzvah takes precedence over the master's obligation to allow for the maidservants redemption.
This mitzvah, along with all the mitzvot that apply to Jewish bondspeople, only apply while the Jubilee is practiced in the Holy Land.
Marrying a Jewish Maidservant
Positive Commandment 233
Translated by Berel Bell
The 233rd mitzvah is that a person is commanded to marry his female Jewish servant.1 Either her master or his son is commanded to marry her; and this is known as the mitzvah of yi'ud.
Our Sages said explicitly2 that "the mitzvah of yi'ud3 is preferable to the mitzvah of redemption," as seen from G‑d's statement4 (exalted be He), "if he does not perform yi'ud he must let her be redeemed."
You should be aware that the laws regarding both male and female Jewish servants apply only when the laws of the Jubilee Year are in effect.
The details of this mitzvah are explained in the first chapter of tractate Kiddushin.5
FOOTNOTES
1.If she wants. Hilchos Avodim 4:8.
2.Mechilta, Parshas Mishpatim.
3.From this phrase we see that yi'ud counts as one of the commandments.
4.Ibid. 21:8.
5.18a.
________________________________________
Negative Commandment 261
Reselling a Jewish Maidservant
"He shall have no power to sell her"—Exodus 21:8.
One who acquires a Jewish maidservant is not empowered to then sell her to another master.
Reselling a Jewish Maidservant
Negative Commandment 261
Translated by Berel Bell
The 261st prohibition is that one who has purchased a female Jewish servant is forbidden from selling her1 to another person.
The source of this prohibition is G‑d's statement2 (exalted be He), [By not marrying her] "he is considered to have broken faith with her, and he therefore does not have the right to sell her to anyone else."
The details of this mitzvah are fully explained in the beginning of tractate Kiddushin.3
FOOTNOTES
1.Or giving her as a gift. Hilchos Avodim 4:10.
2.Ex. 21:8.
3.17b ff.
________________________________________
Gifts upon the Discharge of a Jewish Bondsperson
"You shall surely provide him from your flock, from your threshing floor, and from your vat, you shall give him from what G‑d, your G‑d, has blessed you"—Deuteronomy 15:14.
Upon the discharge of a Jewish bondsperson, we are commanded to give him [or her] gifts, to assist him in his newfound freedom. We must not allow him to leave empty-handed.
Gifts upon the Discharge of a Jewish Bondsperson
Positive Commandment 196
Translated by Berel Bell
The 196th mitzvah is that we are commanded to give a severance gift and assistance to a Jewish servant who leaves his master without giving payment.1 He should not go away empty-handed.
The source of this commandment is G‑d's statement2 (exalted be He), "Give him a severance gift from your flocks, from your threshing floor, and from your wine vat, so that he will have a share of all the things with which G‑d your L‑rd has blessed you."
The details of this mitzvah are explained in the first chapter of tractate Kiddushin.3
FOOTNOTES
1.E.g. after serving six years or upon reaching the Jubilee Year. If, however, the servant paid money in order to be released, the master is not obligated in this mitzvah. This distinction is derived from the phrase (Deut. 15:13) "When you send him away free." Hilchos Avodim 3:14.
2.Deut. 15:14.
3.14b.
________________________________________
Negative Commandment 233
Discharging a Jewish Bondsman Empty-Handed
"When you send him away free, you shall not let him go away empty-handed"—Deuteronomy 15:13.
When a bondsman is discharged after six years of service, his master is forbidden to let him leave empty-handed. Rather, he must give him gifts.
Discharging a Jewish Bondsman Empty-Handed
Negative Commandment 233
Translated by Berel Bell
The 233rd prohibition is that we are forbidden from sending away empty-handed a Jewish servant who has worked for us when he goes free at the end of six years. We are obligated to give him gifts from our possessions.
The source of this prohibition is G‑d's statement1 (exalted be He), "When you send him away free, do not send him empty-handed."
The details of this mitzvah, which is called the mitzvah of ha'anakah, are explained in the beginning of tractate Kiddushin.
FOOTNOTES
1.Ibid. 15:13.
________________________________________
Positive Commandment 234Redemption of a Jewish Maidservant
"He must let her be redeemed"—Exodus 21:8.
A person who acquires a Jewish maidservant must allow for her redemption through the various methods prescribed by the Torah.
Redemption of a Jewish Maidservant
Redemption of a Jewish Maidservant
Positive Commandment 234
Translated by Berel Bell
The 234th mitzvah is that we are commanded regarding the redemption of a female Jewish servant.
The source of this commandment is G‑d's statement1 (exalted be He), "[If he does not perform yi'ud] he must let her be redeemed."
This redemption has many conditions, details and laws associated with it. They are all set forth in tractate Kiddushin, 2where all the laws associated with a female Jewish servant are completely explained.
G‑d's statement,3 "If none of the above three are done to the girl, [then she shall be released without payment]," is explained by the Mechilta [that the three things are,] "either her master must marry her, or his son must marry her, or he must let her be redeemed."
FOOTNOTES
1.Ex. 21:8.
2.19a.
3.Ex. 21:11.
________________________________________
Positive Commandment 233Marrying a Jewish Maidservant
"If he did not designate her [for himself], then he shall enable her to be redeemed"—Exodus 21:8.
It is a [non-binding] mitzvah for the master of a Jewish maidservant to marry her [if she consents], or to wed her to his son. This mitzvah takes precedence over the master's obligation to allow for the maidservants redemption.
This mitzvah, along with all the mitzvot that apply to Jewish bondspeople, only apply while the Jubilee is practiced in the Holy Land.
Marrying a Jewish Maidservant
Positive Commandment 233
Translated by Berel Bell
The 233rd mitzvah is that a person is commanded to marry his female Jewish servant.1 Either her master or his son is commanded to marry her; and this is known as the mitzvah of yi'ud.
Our Sages said explicitly2 that "the mitzvah of yi'ud3 is preferable to the mitzvah of redemption," as seen from G‑d's statement4 (exalted be He), "if he does not perform yi'ud he must let her be redeemed."
You should be aware that the laws regarding both male and female Jewish servants apply only when the laws of the Jubilee Year are in effect.
The details of this mitzvah are explained in the first chapter of tractate Kiddushin.5
FOOTNOTES
1.If she wants. Hilchos Avodim 4:8.
2.Mechilta, Parshas Mishpatim.
3.From this phrase we see that yi'ud counts as one of the commandments.
4.Ibid. 21:8.
5.18a.
________________________________________
Negative Commandment 261
Reselling a Jewish Maidservant
"He shall have no power to sell her"—Exodus 21:8.
One who acquires a Jewish maidservant is not empowered to then sell her to another master.
Reselling a Jewish Maidservant
Negative Commandment 261
Translated by Berel Bell
The 261st prohibition is that one who has purchased a female Jewish servant is forbidden from selling her1 to another person.
The source of this prohibition is G‑d's statement2 (exalted be He), [By not marrying her] "he is considered to have broken faith with her, and he therefore does not have the right to sell her to anyone else."
The details of this mitzvah are fully explained in the beginning of tractate Kiddushin.3
FOOTNOTES
1.Or giving her as a gift. Hilchos Avodim 4:10.
2.Ex. 21:8.
3.17b ff.
________________________________________
Rambam:
• 1 Chapter a Day: Edut Edut - Chapter 2Edut - Chapter 2
Halacha 1
What is the difference between the chakirot and the derishot and the bedikot? With regard to the chakirot and the derishot, if one witness gave specific testimony and the second said: "I do not know," their testimony is of no consequence. With regard to the bedikot, by contrast, even if both of them say: "I don't know," their testimony is allowed to stand. If, however, they contradict each other, even with regard to the bedikot, their testimony is nullified.
What is implied? The witnesses testified that one person killed another. One of the witnesses specified the year of the seven year cycle, the year, the month, the date, the day of the week, Wednesday, the time, 12 noon, and the place of the murder. Similarly, they asked him: "With what did he kill him?", and he answered: "With a sword." If the second witnesses outlined his testimony in the same manner except for the time, i.e., he said: "I do not know the time of day at which the murder took place," or he was able to specify the time, but said: "I don't know what he used to kill him. I did not take notice of the murder weapon," their testimony is nullified. If, however, they outlined all the above factors identically, but were asked: "Was he dressed in black or white?" their testimony is allowed to stand if they replied: "We don't know. We did not pay attention to factors like these which are of no consequence."
Halacha 2
If one of the witnesses said: "He was wearing black clothes," and the second one said: "That is not so," he was wearing white clothes, their testimony is nullified. It is as one said: "It took place on Wednesday," and the other said: "It took place on Thursday," in which instance, the testimony is of no consequence. Or it can be compared to a situation where one said: ""He killed him with a sword," and the other says: "He killed him with a lance." The need for corroboration of the witnesses' testimony is derived from Deuteronomy 13:15 which states: "And the matter is precise." If they contradicted each other in any matter, their testimony is not precise.
Halacha 3
The following rules apply if there were many witnesses. If two of them testified in a like manner with regard to the chakirot and the derishot, their testimony is allowed to stand and the defendant is executed, even though the third witness says: "I don't know." If, however, that witness contradicts the other two, even with regard to the bedikot, their testimony is nullified.
Halacha 4
If one witness says: "The murder took place on Wednesday, the second of the month," and another says: "It took place on Wednesday, the third of the month," their testimony is allowed to stand. Although there is a contradiction between them, we assume that one knew that an extra day was added to the month, and one did not know.
Until when does the above apply? Until the middle of the month. After the middle of the month, by contrast, e.g., one said: "It took place on the sixteenth of the month," and the second said: "It took place on the seventeenth of the month," their testimony is nullified even though both of them spoke about the same day of the week. The rationale is that by the middle of the month, every one knows when Rosh Chodesh was commemorated.
Halacha 5
If, however, one witness says: "It took place on the third of the month," and the other says: "It took place on the fifth of the month," their testimony is nullified.
If one witness says: "It took place during the second hour of the day," and the other says: "It took place during the third hour," their testimony is allowed to stand. The rationale is that it is common for people to err with regard to one hour. If, however, one says: "It took place during the third hour," and the other says: "It took place during the fifth hour," their testimony is nullified.
If one witness says: "It took place before sunrise," and the other says: "It took place at sunrise," their testimony is nullified. Even though the discrepancy between them is less than one hour, the matter is evident to all. Similar concepts apply with regard to sunset.
____________________________
Rambam:
• 3 Chapters a Day: Avadim Avadim - Chapter Four, Avadim Avadim - Chapter Five, Avadim Avadim - Chapter Six
Avadim - Chapter Four
Halacha 1
A Hebrew maid-servant is a girl below the age of majority sold by her father. When she manifests signs of physical maturity after reaching twelve years of age and becomes a na'arah, he does not have the right to sell her, even though he still has authority over her and may consecrate her to whomever he desires.
Even a girl who has already manifested physical signs that she is an aylonit, and thus is not fit to manifest physical signs of maturity, may be sold by her father as long as she is below majority. Neither a tumtumnor an androgynous may be sold as a Hebrew servant, nor as a Hebrew maid-servant.
Halacha 2
A father may not sell his daughter as a maid-servant unless he became impoverished to the extent that he owns nothing, neither landed property, movable property, not even the clothing that he is wearing. Nevertheless, we compel a father to redeem his daughter after he sold her, because this is a blemish to the family.
If the father fled, died or did not have the resources to redeem her, she must work until she is released.
Halacha 3
A Hebrew maid-servant is acquired through the payment of money or objects that are worth money, or through the transfer of a legal document. She may not be acquired for a p'rutah, because it is necessary to acquire her with a sum that will allow her to reduce her price according to the number of years she has worked, so that she can redeem herself and depart.
How is she acquired through the transfer of a legal document? Her father should write to her master on a piece of paper or on a shard: "My daughter is sold to you," or "My daughter is acquired by you," and give it to the master. The deed of transfer of a Hebrew maid-servant must be written by the father.
Halacha 4
A Hebrew maid-servant must work for six years, like a servant sold by the court, as reflected by Deuteronomy 15:12: "When your brother, a Jew or a Jewess, will be sold to you."
She receives her freedom at the beginning of the seventh year. If the Jubilee year falls in the middle of these six years, she is released as is a male servant. If her master dies, she is released without payment, even if he leaves a son, as is a servant whose ear is pierced, as reflected by Deuteronomy 15:17: "Even to your maid-servant shall you do this."
Similarly, she may be redeemed by paying a pro-rated figure that considers the time for which she served. If her master writes her a bill of release and waives her service for the remainder of the time, she is released without charge, like a Hebrew servant.
Halacha 5
A Hebrew maid-servant has an advantage over a Hebrew servant in that she attains her freedom when she manifests signs of physical maturity.
What is implied? She manifested signs of physical maturity and became a na'arah - she is released and becomes free without charge, as Exodus 21:11 states: "She will depart without charge." With this verse, the Torah granted her another cause for release beyond those granted to servants. And according to the Oral Tradition, it was taught that this refers to the manifestation of physical signs of maturity. This law applies even if she manifests signs of physical maturity on the day she was purchased.
When a maid-servant is released, she returns to her father's domain until she attains bagrut and leaves her father's domain. If the girl is an aylonit, who is not granted a period of na'arah but goes directly to bagrut, when she attains bagrut she is granted her freedom.
Halacha 6
A Hebrew maid-servant is not released if her prominent limbs are damaged, as implied by Exodus 21:7: "She shall not depart as the servants depart." Similarly, a Hebrew servant is not released for such a reason. Instead, if his master knocks out his tooth or blinds him in an eye, he should pay him as one must pay another colleague whom one injures as explained in Hilchot Chovel Umazik.
Thus, we have learned that a Hebrew maid-servant is acquired through two means - the payment of money or the transfer of a legal document - and obtains her freedom through six means: the passage of six years, the advent of the Jubilee, paying a pro-rated amount of the purchase price, the transfer of a bill of release, the death of her master and the manifestation of signs of physical maturity.
Halacha 7
If the master of a Hebrew maid-servant designates her as a wife for himself or for his son, she is like any other consecrated woman. She is not released because of any of the reasons mentioned above - but only because of the death of her husband or through a bill of divorce. The mitzvah of designating a maid-servant as a wife takes precedence over the mitzvah of redeeming the maid-servant.
How is the mitzvah of designating a maid-servant as a wife performed? The master tells the maid-servant in the presence of two witnesses: "Behold, you are consecrated to me," "You are betrothed to me," or "Behold, you are my wife." This may be done even at the conclusion of the six years of her servitude before the setting of the sun. He need not give her anything, for the first moneyswere given with the intent that they could serve for the purpose of consecration.From this point onward, he must treat her as a wife, and not as a servant.
He may not designate two maid-servants as wives at the same time, for Exodus 21:8 states: "He will designate her."
How does a master designate a maid-servant as a wife for his son? If his son is past majority and gives his father permission to designate the maid-servant as his wife, the father tells the maid-servant in the presence of two witnesses: "Behold you are consecrated to my son."
Halacha 8
A master may not designate a maid-servant as his wife or as his son's wife without her knowledge. Although her father already received money because of her, the Torah uses the term ya'adah, which implies with her knowledge.
If the master dies, his son cannot designate the maid-servant as a wife. For she obtained her freedom at her master's death.
Halacha 9
Designating a maid-servant as a wife is equivalent to consecration, but not to marriage. Therefore, the husband may not become impure because of her, he does not inherit her estate, nor does he annul her vows until she enters the chuppah.
Exodus 21:11 states: "If he does not do any of these three for her" - i.e., designate her as a wife for himself or for his son, or enable her to be redeemed by paying a reduced amount - "she will be released without charge" - when she manifests signs of physical maturity, as we have explained, in addition to the ways she can obtain her freedom as a Hebrew servant obtains his.
Halacha 10
A master may not sell a Hebrew maid-servant, nor may he give her as a gift to another person, regardless of whether or not he shares a family connection with him. If he sells her or gives her away, his deeds are of no consequence, as Exodus 21:8 states: "He does not have the authority to sell her to a different man, when he betrays her."
Similarly, a master may not sell or give away a Hebrew servant to another person. It appears to me that the only reason the Torah had to state this explicitly with regard to a maid-servant is that the master is able to designate her as a wife for his son. Therefore, it is necessary to say that "He does not have the authority to sell her to a different man."
Halacha 11
A Hebrew maid-servant may be sold to a person only when a marriage between her and either him or his son would be binding, so that she is fit to be designated as a wife.
What is implied? A person may sell his daughter to his father. For although the master may not designate her as a wife, she is fit for his son to marry. For the maid-servant is his brother's son. A person may not, however, sell his daughter to his son, for she is not fit to marry the master, for she is his sister, nor is she fit to marry the master's son, for she is his father's sister.
Halacha 12
A person may sell his daughter to certain individuals whom she is forbidden to marry - e.g., a widow to a High Priest, or a divorcee or a woman who underwent chalitzah to an ordinary priest. For although marriage between such individuals is forbidden, the marriage is binding.
Halacha 13
When a person has consecrated his daughter when she was a minor and she becomes widowed or divorced, he cannot sell her as a maid-servant afterwards. For a man may not sell his daughter as a maid-servant after she has been married. He may, however, sell her as a maid-servant after she had served as a maid- servant.
What is implied? The father sold her as a maid-servant and then the master designated her as a wife. Afterwards, the master died or divorced her, and she returned to her father's domain because she is a minor. Her father may sell her a second time, even to a priest.
Similarly, if she was widowed after being designated as a wife, and her yavam performed chalitzah for her, the chalitzah is unacceptable, because she is a minor. She is nevertheless disqualified from marrying a priest. Even so, her father may sell her as a maid-servant to a priest, because if he consecrated her the marriage bond would be binding, as explained above.
Halacha 14
When a person sells his daughter and she is released after serving six years, at the advent of the Jubilee year, or because he redeemed her by paying a prorated amount, he may sell her again if she is still a minor, as we have explained above.
Halacha 15
The following laws apply when a person sells his daughter as a maid-servant and then goes and consecrates her to another person: If the master desires to designate her as a wife, he may. If the master does not designate her as a wife - neither for himself nor for his son - when she leaves the master's domain her consecration to the other man is completed, and she becomes his wife.
Halacha 16
When a person sells his daughter as a maid-servant, but stipulates that the owner may not designate her as a wife - if the owner desires, he may designate her as a wife, for he has made a stipulation against what is written in the Torah. And whenever a person makes a stipulation against what is written in the Torah, his stipulation is nullified.
Avadim - Chapter Five
Halacha 1
A Canaanite slave is acquired through five means and acquires his freedom through three. He may be acquired through the transfer of money, the transfer of a deed of purchase, the manifestation of one's ownership, a kinyan chalifin or by drawing him after oneself. He acquires his freedom through the transfer of money, the transfer of a legal document and because of the loss of the tips of his limbs or organs.
A Canaanite slave who is a minor is like an animal and is acquired by drawing him after oneself as one draws an animal. We have already explained in the beginning of this book all the means by which a slave is acquired.
Halacha 2
How can a Canaanite slave acquire himself through the transfer of money? When another person gave the slave's master money, telling him: "This is yours with the intent that your slave be granted his freedom because of it." Once the master receives the money or merchandise worth money, the slave is granted his freedom.
There is no need for the slave to know of this matter, for it is to his advantage to be released. And something that is to a person's advantage can be acquired on his behalf outside his presence.
Similarly, the slave can be freed if a person gives the slave money, specifying that it is given to him "with the intent that he use it to obtain his freedom." Should the master desire to accept the money, the slave is granted his freedom. If the master does not desire to accept the money, it is not acquired by the slave, because it was given to him only with the intent that he purchase his freedom with it.
Both money or merchandise worth money are effective in acquiring the slave or in his acquiring his freedom.
Halacha 3
How does a slave achieve his freedom through the transfer of a legal document? The master must write to him on a paper or on a shard: "Behold, you are a free man," "Behold, you are your own property," "I no longer have anything to do with you," or other statements that share this theme. For this is the primary content of a bill of release.
Afterwards, he gives him the document in the presence of two witnesses. Similarly, if witnesses have signed on the bill of release and he gives the slave the bill of release in private, he attains his freedom. For the bill of release and his capacity to receive it come at the same time.
Different rules apply if the master tells the slave "Behold, you are a free man," "Behold, you are your own property," but does not write it in a document: Even though witnesses testify in court that the master made such statements, and even if the master affirmed the statements with a kinyan, the slave has not yet been freed. For a slave is not granted freedom except through the transfer of money, the transfer of a legal document or because of the loss of the tips of his limbs or organs.
When a person writes in a legal document to his maid-servant: "Behold you are permitted to any man," his statement is of no consequence.
Halacha 4
How is a slave released because of the loss of the tips of his limbs or organs? A person intentionally struck his slave and caused him to lose one of the 24 tips of his limbs or organs that will not regenerate; he is granted his freedom. A bill of release is required.
If this applies to the 24 limbs, why does the Torah mention explicitly a tooth and an eye? To extrapolate from them. What characterizes the loss of an eye and a tooth an eye or a tooth? That they are obvious blemishes that will not be regenerated; so too, all obvious blemishes that will not be regenerated cause a slave to be granted his freedom. If, by contrast, a master castrates his slave or cuts out his tongue, the slave is not granted his freedom, for these are not revealed blemishes. Similarly, if a person knocks out one of a young slave's baby teeth, the slave is not released, for the tooth will grow back.
Halacha 5
The only slaves released because of the loss of the tips of their limbs or organs are slaves that have been circumcised and immersed in the mikveh, for they are obligated in the observance of some of the mitzvot. A slave who is an outright gentile is not released because of the loss of the tips of his limbs or organs.
These are the tips of the limbs and organs that will not regenerate: the 10 fingers and the ten toes, the tips of the ears, the tip of the nose, the tip of the male organ, the nipples of a woman's breasts. The eyes and the teeth are not included in this reckoning, because they are explicitly mentioned in the Torah.
Halacha 6
Should a slave possess an extra finger, and the master cut it off, the slave is released because of its loss if the finger is counted on his hand together with his other fingers. If the slave's eye was blinded, and the master cut it out, the slave is released because of its loss. For the master caused him the loss of an organ.
The same law applies with regard to any other of the tips of the organs that are not functional and cannot be used for a task: if the master cuts it off, the master caused him the loss of an organ, and the slave is released because of its loss.
Halacha 7
If the master struck the servant on his eye and blinded him, or on his ear and made him deaf, the slave is released because of it. If, however, the master struck the slave near his eye and afterwards, he no longer saw, or near his ear, and he no longer heard, the servant is not released because of this.
Halacha 8
The following rules apply if the master struck the slave on his eye and reduced its sight, or struck him on his tooth and caused it to wobble. If the slave can use these organs, he is not released. If not, he is released.
Halacha 9
The following rules apply if the slave's eye was not functioning well, and he saw with difficulty, or the slave's tooth was wobbly, and the master struck him and knocked out the wobbly tooth or blinded the weak eye. If the slave was able to use these organs beforehand at all, he is granted his freedom because of their loss. If not, he is not granted his freedom.
Halacha 10
If the master struck the slave on his hand and it became swollen, but it would ultimately return to its normal state, the slave is not released because of it. If the master pulled at the slave's beard and in doing so, dislocated his jaw bone, the slave is granted his freedom, because the master nullified the use of the teeth that are located in that bone.
Halacha 11
If the master knocked out the slave's tooth or blinded his eye unintentionally - e.g., he threw a stone at an animal and it hit the slave and knocked out his tooth or cut his finger - he is not released. This is alluded to by Exodus 21:27, which states: "If he will knock out his slave's or his maid-servant's tooth." The wording implies that he must do so intentionally.
Halacha 12
If the master inserted his hand into the womb of his maid-servant and blinded the eye of the fetus within, he is not granted his freedom. For he did not know anything of the entity so that he could intend to strike it.
Halacha 13
If the slave's master was a physician and the slave told him: "Treat my eye for me," and he blinded it, "Hollow out my tooth for me," and he knocked it out, the slave tricked the master and is granted his freedom. For although he did not have the intent of injuring the slave, he did intend to touch the slave's limbs and became endangered because of them.
Needless to say, if the slave's eye was hurting, and his master was a blood-letter and removed it for him, the slave is granted his freedom.
Halacha 14
When a person knocks out the tooth of a slave and then blinds his eye, he must grant the slave his freedom because of his tooth, and pay him damages for his eye. The same principles apply in all analogous situations.
Halacha 15
When a person is half a slave and half a free man or he is jointly owned by two masters, he does not receive his freedom because of the loss of the tips of his limbs or organs. The rationale is that he is not the sole property of the master who injured him.
Halacha 16
Slaves that belonged to a wife and are considered as tzon barzel are released because of the loss of the tips of their limbs or organs if the husband injures them, but not if the wife injures them.47
Slaves that belong to a wife and are considered as nichsei m'log, are not released because of the loss of the tips of their limbs or organs, neither if the husband injures them - for he owns merely the use of them, nor if the wife injures them - for they are not solely hers.
Halacha 17
The release of slaves because of the loss of the tips of their limbs or organs is practiced in every place, and in every time. This ruling may be delivered only by judges who possess semichah, for this is a fine.
For this reason, if a servant told his master: "You knocked out my tooth and blinded my eye," and the master does not admit doing this, the master is not liable. The rationale is that had he taken the initiative and admitted having caused this injury, he would not be liable to grant the slave his freedom unless witnesses testify. For a person who admits his guilt in a case requiring a fine is not liable. As Hilchot Geneivah states, anyone who admits his guilt in a case requiring a fine is not liable.
Avadim - Chapter Six
Halacha 1
When a person composes a bill of release for his slave and gives it to another person to acquire on the slave's behalf, saying: "Take possession of this bill of release for so and so, my slave," the slave is granted his freedom even though the bill of release did not reach his hand. For it is possible to acquire something of benefit to a person outside his presence.
If, however, a person said: "Give this bill of release to my slave," he may not retract, but the slave does not attain his freedom until the bill of release reaches his hand. Therefore if a person says: "Give this bill of release to my slave" and dies, it should not be given to him after his master's death.
Halacha 2
When a person composes a legal document saying: "I made my slave so and so a free man," "My servant so and so was made a free man," or "He is a free man," he is released. If, however, the document states: "I will make him a free man," he is not released.
Halacha 3
When a master states that he released his slave and the slave denies being released, we suspect that the master had another person acquire the bill of release on behalf of the slave.
If the master said: "I composed a deed of release and gave it to the slave," and the slave says: "You neither wrote it nor gave it to me," the statement of a principal is considered as equivalent to the testimony of 100 witnesses, and he is considered a slave until he is freed in the presence of witnesses.
Halacha 4
When a person commands at the time of his death: "My heirs should not subjugate so and so, my maid-servant," she is still considered a maid-servant as before, but it is forbidden for his heir to subjugate her. For it is a mitzvah to fulfill the words of a deceased person.
Similarly, if a dying man says: "Generate satisfaction for so and so, my maid-servant," we compel the heirs not to make her perform any tasks other than the ones that she desires to perform. If he commanded them to free her, we compel them to free her.
Halacha 5
There are six matters in which a bill of release given to a servant is equivalent to a bill of divorce. With regard to other matters, a bill of release is equivalent to other legal documents. These are the six:
a) they are not acceptable if prepared by gentile legal authorities;
b) they are acceptable if one witness is a kuti,
c) they must be written for the sake of the slave who is being freed;
d) they may not be written on an article that is attached to the ground;
e) the witnesses may sign only in the presence of each other; and
f) the same laws apply to a bill of divorce and a bill of release with regard to bringing these legal documents from one place to another.
Halacha 6
What is implied? All legal documents that are composed by gentile legal authorities are acceptable provided they conform to all the conditions stated in Hilchot Halva'ah with the exception of bills of divorce for women and bills of release for slaves.
Any legal document that is signed by even one witness who is a kuti is not acceptable, with the exception of bills of divorce for women and bills of release for slaves, provided the kuti is known to be precise in his observance.
In the present age, when the kutim are considered as gentiles with regard to all matters, we apply the laws stated with regard to them to the Sadducees. For the Sadducees in the present era are considered like the kutim of the previous era, before it was decreed that they would be considered like gentiles.
With regard to a woman's bill of divorce, Deuteronomy 24:1 states: "And he shall write to her," which is interpreted by our Sages to mean: "for her sake." And with regard to a Canaanite maid servant's bill of release, Leviticus 19:2 states: "Nor was freedom given to her," teaching that the bill of release must be written for her sake.
With regard to a woman's bill of divorce, Ibid.:1,3 states: "And he shall write, and he shall give," which is interpreted by our Sages to mean that the bill of divorce should be written on a substance that is lacking only to be given. This excludes a bill of divorce that is written while the article on which it is written is attached and afterwards detached. For it is lacking both being detached and being given. Similarly, with regard to a bill of release, it is written: "given to her," teaching that the bill of release should be lacking only being given.
Witnesses may not sign bills of divorce for women and bills of release for slaves outside each other's presence. We have already explained that reason for this ruling in Hilchot Gerushin.
Halacha 7
What is meant by the statement that the same laws apply to bills of divorce and bills of release with regard to bringing these legal documents from one place to another? When an agent brings a bill of release from one place to another in Eretz Yisrael, he does not have to testify that it was written and signed in his presence. And in the diaspora, if there are no witnesses present to verify the authenticity of the bill of release, and the agent states that it was written and signed in his presence, its authenticity is considered as verified. Afterwards, if the master comes and protests, no attention is paid to him, as we have explained with regard to a bill of divorce.
Just as when a woman brings her bill of divorce, she does not have to have the authenticity of the document verified, because the bill of divorce is in her possession, so too, when a servant's bill of release is in his possession, he does not have to have the authenticity of the document verified.
Just as the woman must say: "It was written and signed in my presence," when it was stipulated that she do so, as we have explained in that context, so too, when a servant brings his bill of release and states: "It was written and signed in my presence," his word is accepted in the same way, and he does not have to have the authenticity of the document verified.
Halacha 8
Everyone who is acceptable to bring a bill of divorce to a woman as the husband's agent is also acceptable to bring a bill of release for a slave as the agent of the master.
A slave may receive a bill of release for another slave from that slave's master, but not from his own master.
When an owner writes a legal document with which he seeks to consecrate his Canaanite maid-servant, even though he tells her: "Attain your freedom by virtue of this document and become consecrated because of it," this expression is not one that conveys freedom, and she is neither consecrated nor freed.
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Hayom Yom:
Wednesday, 28 Tishrei 5775 • 22 October 2014
"Today's Day"
Wednesday, Tishrei 28, 5704
Torah lessons: Chumash: Noach, Revi'i with Rashi.
Tehillim: 135-139.
Tanya: (However, in the (p. 539) ...with them.") (p. 541).
"If you go in my statutes... I will give your rains in their season..."1 Torah-study and mitzvot-observance are the wedding-ring with which G-d betrothed Israel and obligated Himself to provide them with sustenance and livelihood.
FOOTNOTES
1. Vayikra 26:3,4.
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Daily Thought:
The Quantum Leap
There are times when moving forward step by step is not enough.
There are times when you can’t just change what you do, how you speak and how you think about things.
Sometimes, you have to change who you are. You need to pick both feet off the ground and leap.
Sometimes, you need to change at your very core of being.(Public Letter for Passover, Rosh Chodesh Nissan 5736.)
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Wednesday, Tishrei 28, 5704
Torah lessons: Chumash: Noach, Revi'i with Rashi.
Tehillim: 135-139.
Tanya: (However, in the (p. 539) ...with them.") (p. 541).
"If you go in my statutes... I will give your rains in their season..."1 Torah-study and mitzvot-observance are the wedding-ring with which G-d betrothed Israel and obligated Himself to provide them with sustenance and livelihood.
FOOTNOTES
1. Vayikra 26:3,4.
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Daily Thought:
The Quantum Leap
There are times when moving forward step by step is not enough.
There are times when you can’t just change what you do, how you speak and how you think about things.
Sometimes, you have to change who you are. You need to pick both feet off the ground and leap.
Sometimes, you need to change at your very core of being.(Public Letter for Passover, Rosh Chodesh Nissan 5736.)
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