Chabad - Today in Judaism - TODAY IS: Friday, 6 Kislev, 5775 • 28 November 2014

Chabad - Today in Judaism - TODAY IS: Friday, 6 Kislev, 5775 • 28 November 2014
Today's Laws & Customs:

Today in Jewish History:
DAILY QUOTE:
Who is wise? One who learns from every man. Who is strong? One who overpowers his inclinations. Who is rich? One who is satisfied with his lot. Who is honorable? One who honors his fellows.[Ethics of the Fathers 4:1]
DAILY STUDY:

CHITAS AND RAMBAM FOR TODAY:
Chumash: Vayeitzei, 6th Portion Genesis 31:17-31:42 with Rashi
• Chapter 31
17. So Jacob rose, and he lifted up his sons and his wives upon the camels. יז. וַיָּקָם יַעֲקֹב וַיִּשָּׂא אֶת בָּנָיו וְאֶת נָשָׁיו עַל הַגְּמַלִּים:
his sons and his wives: He put the males before the females, but Esau put the females before the males, as it is said (below, 36:6):“And Esau took his wives and his sons, etc.” - [from Gen. Rabbah 74:5].
את בניו ואת נשיו: הקדים זכרים לנקבות, ועשו הקדים נקבות לזכרים, שנאמר (לקמן לו ו) ויקח עשו את נשיו ואת בניו וגו':
18. And he led all his livestock and all his possessions that he had acquired, the purchase of his acquisition, which he had acquired in Padan aram, to come to Isaac his father, to the land of Canaan. יח. וַיִּנְהַג אֶת כָּל מִקְנֵהוּ וְאֶת כָּל רְכֻשׁוֹ אֲשֶׁר רָכָשׁ מִקְנֵה קִנְיָנוֹ אֲשֶׁר רָכַשׁ בְּפַדַּן אֲרָם לָבוֹא אֶל יִצְחָק אָבִיו אַרְצָה כְּנָעַן:
the purchase of his acquisition: What he had purchased from [the sale of] his animals, viz. manservants, maidservants, camels, and donkeys. — [from Gen. Rabbah 74:5]
מקנה קנינו: מה שקנה מצאנו עבדים ושפחות וגמלים וחמורים:
19. Now Laban had gone to shear his sheep, and [meanwhile] Rachel stole her father's teraphim. יט. וְלָבָן הָלַךְ לִגְזֹז אֶת צֹאנוֹ וַתִּגְנֹב רָחֵל אֶת הַתְּרָפִים אֲשֶׁר לְאָבִיהָ:
to shear his sheep: that he had given into the hands of his sons, a journey of three days between him and Jacob.
לגזוז את צאנו: שנתן ביד בניו דרך שלשת ימים בינו ובין יעקב:
and [meanwhile] Rachel stole her father’s teraphim: She intended to separate her father from idolatry. — [from Gen. Rabbah 74: 5]
ותגנב רחל את התרפים: להפריש את אביה מעבודה זרה נתכוונה:  
20. And Jacob concealed from Laban the Aramean by not telling him that he was fleeing. כ. וַיִּגְנֹב יַעֲקֹב אֶת לֵב לָבָן הָאֲרַמִּי עַל בְּלִי הִגִּיד לוֹ כִּי בֹרֵחַ הוּא:
21. So he and all that were his fled, and he arose and crossed the river, and he directed his face toward Mount Gilead. כא. וַיִּבְרַח הוּא וְכָל אֲשֶׁר לוֹ וַיָּקָם וַיַּעֲבֹר אֶת הַנָּהָר וַיָּשֶׂם אֶת פָּנָיו הַר הַגִּלְעָד:
22. On the third day, Laban was informed that Jacob had fled. כב. וַיֻּגַּד לְלָבָן בַּיּוֹם הַשְּׁלִישִׁי כִּי בָרַח יַעֲקֹב:
On the third day: For there was a three-day journey between them.
ביום השלישי: שהרי דרך שלשת ימים היה ביניהם:
23. So he took his kinsmen with him, and he pursued him seven days' journey, and he overtook him at Mount Gilead. כג. וַיִּקַּח אֶת אֶחָיו עִמּוֹ וַיִּרְדֹּף אַחֲרָיו דֶּרֶךְ שִׁבְעַת יָמִים וַיַּדְבֵּק אֹתוֹ בְּהַר הַגִּלְעָד:
his kinsmen: Heb. אֶחָיו, lit., his brothers, his kinsmen.
את אחיו: קרוביו:
seven-days’ journey: All those three days [during the time] the reporter went to tell Laban, Jacob went on his way. We find that Jacob was six days distant from Laban, and on the seventh day, Laban overtook him. We find that the entire distance that Jacob had traversed in seven days, Laban traversed in one day (as it is said: “and he pursued him seven-days’ journey,” but it does not say:“and he pursued him seven days.”) - [from Gen. Rabbah 74:6]
דרך שבעת ימים: כל אותן שלשה ימים שהלך המגיד להגיד ללבן הלך יעקב לדרכו. נמצא יעקב רחוק מלבן ששה ימים, ובשביעי השיגו לבן, למדנו שכל מה שהלך יעקב בשבעה ימים הלך לבן ביום אחד (שנאמר וירדוף אחריו דרך שבעת ימים, ולא נאמר וירדוף אחריו שבעת ימים):
24. And God came to Laban the Aramean in a dream of the night, and He said to him, "Beware lest you speak with Jacob either good or evil." כד. וַיָּבֹא אֱלֹהִים אֶל לָבָן הָאֲרַמִּי בַּחֲלֹם הַלָּיְלָה וַיֹּאמֶר לוֹ הִשָּׁמֶר לְךָ פֶּן תְּדַבֵּר עִם יַעֲקֹב מִטּוֹב עַד רָע:
either good or evil: All the good of the wicked is considered evil to the righteous. — [from Yev. 103]
מטוב ועד רע: כל טובתן של רשעים רעה היא אצל הצדיקים:
25. And Laban overtook Jacob, and Jacob pitched his tent on the mountain, and Laban pitched with his kinsmen on Mount Gilead. כה. וַיַּשֵּׂג לָבָן אֶת יַעֲקֹב וְיַעֲקֹב תָּקַע אֶת אָהֳלוֹ בָּהָר וְלָבָן תָּקַע אֶת אֶחָיו בְּהַר הַגִּלְעָד:
26. And Laban said to Jacob, "What have you done, that you concealed from me, and led away my daughters like prisoners of war? כו. וַיֹּאמֶר לָבָן לְיַעֲקֹב מֶה עָשִׂיתָ וַתִּגְנֹב אֶת לְבָבִי וַתְּנַהֵג אֶת בְּנֹתַי כִּשְׁבֻיוֹת חָרֶב:
like prisoners of war: lit., like captives of a sword. Every army that goes to war is called חָרֶב, sword.
כשביות חרב: כל חיל הבא למלחמה קרוי חרב:
27. Why have you fled secretly, and concealed from me, and not told me? I would have sent you away with joy and with songs, and with drum and with harp. כז. לָמָּה נַחְבֵּאתָ לִבְרֹחַ וַתִּגְנֹב אֹתִי וְלֹא הִגַּדְתָּ לִּי וָאֲשַׁלֵּחֲךָ בְּשִׂמְחָה וּבְשִׁרִים בְּתֹף וּבְכִנּוֹר:
and concealed from me: [lit., you stole me, meaning] you concealed from me.
ותגנב אתי: גנבת את דעתי:
28. And you did not allow me to kiss my sons and daughters. Now, you have acted foolishly. כח. וְלֹא נְטַשְׁתַּנִי לְנַשֵּׁק לְבָנַי וְלִבְנֹתָי עַתָּה הִסְכַּלְתָּ עֲשׂוֹ:
29. I have the power to inflict harm upon you, but the God of your father spoke to me last night, saying, 'Beware of speaking with Jacob either good or bad.' כט. יֶשׁ לְאֵל יָדִי לַעֲשׂוֹת עִמָּכֶם רָע וֵאלֹהֵי אֲבִיכֶם אֶמֶשׁ | אָמַר אֵלַי לֵאמֹר הִשָּׁמֶר לְךָ מִדַּבֵּר עִם יַעֲקֹב מִטּוֹב עַד רָע:
I have the power: There is strength and power in my hand to inflict harm upon you. Also, every tk that refers to the Deity means that He is mighty and has much strength.
יש לאל ידי: יש כח וחיל בידי לעשות עמכם רע. וכל אל שהוא לשון קדש על שם עזוז ורוב אונים הוא:
30. But now, you have gone away, for you longed for your father's house, [but]why have you stolen my gods?" ל. וְעַתָּה הָלֹךְ הָלַכְתָּ כִּי נִכְסֹף נִכְסַפְתָּה לְבֵית אָבִיךָ לָמָּה גָנַבְתָּ אֶת אֱלֹהָי:
you longed: You wished. There are many words in Scripture (Ps. 84:3): “My soul yearns, yea, yea, it pines” ; (Job:14:15) “You desire the work of Your hands.”
נכספתה: חמדת, והרבה יש במקרא (תהלים פד ג) נכספה וגם כלתה נפשי, (איוב יד טו) למעשה ידך תכסוף:
31. And Jacob replied, and he said to Laban, "Because I was afraid, because I said, 'Lest you steal your daughters from me.' לא. וַיַּעַן יַעֲקֹב וַיֹּאמֶר לְלָבָן כִּי יָרֵאתִי כִּי אָמַרְתִּי פֶּן תִּגְזֹל אֶת בְּנוֹתֶיךָ מֵעִמִּי:
Because I was afraid, etc: He answered him the first [question] first, that he said to him (verse 26), “and you led away my daughters, etc.” - [from Avoth d’Rabbi Nathan , 37:11-13]
כי יראתי וגו': השיבו על ראשון ראשון, שאמר לו (פסוק כו) ותנהג את בנותי וגו':
32. The one with whom you find your gods shall not live. In the presence of our brothers, recognize for yourself what is with me, and take [it] for yourself." For Jacob did not know that Rachel had stolen them. לב. עִם אֲשֶׁר תִּמְצָא אֶת אֱלֹהֶיךָ לֹא יִחְיֶה נֶגֶד אַחֵינוּ הַכֶּר לְךָ מָה עִמָּדִי וְקַח לָךְ וְלֹא יָדַע יַעֲקֹב כִּי רָחֵל גְּנָבָתַם:
shall not live: And from that curse, Rachel died on the way (Gen. Rabbah 74:4).
לא יחיה: ומאותה קללה מתה רחל בדרך:
what is with me: of yours. — [from Targum Jonathan]
מה עמדי: משלך:
33. So Laban entered Jacob's tent and Leah's tent and the tent[s] of the two handmaids, but he did not find [them]; and he had come out of Leah's tent and entered Rachel's tent. לג. וַיָּבֹא לָבָן בְּאֹהֶל יַעֲקֹב | וּבְאֹהֶל לֵאָה וּבְאֹהֶל שְׁתֵּי הָאֲמָהֹת וְלֹא מָצָא וַיֵּצֵא מֵאֹהֶל לֵאָה וַיָּבֹא בְּאֹהֶל רָחֵל:
Jacob’s tent: That is, Rachel’s tent, for Jacob was usually with her, and so Scripture states: (below, 46:19): “The sons of Rachel, Jacob’s wife.” In reference to all of them, however, it does not say,“Jacob’s wife.” - [from Gen. Rabbah 74:9]
באהל יעקב: הוא אהל רחל, שהיה יעקב תדיר אצלה, וכן הוא אומר (להלן מו יט) בני רחל אשת יעקב, ובכולן לא נאמר אשת יעקב:
and entered Rachel’s tent: when he came out of Leah’s tent, he went back into Rachel’s tent before he searched the tent[s] of the handmaids. Why [did he bother to do] all this? Because he was aware that she was one who touches everything. — [from Gen. Rabbah 74:9]
ויבא באהל רחל: כשיצא מאהל לאה חזר לו לאהל רחל קודם שחיפש באהל האמהות. וכל כך למה, לפי שהיה מכיר בה שהיא משמשנית:
34. But Rachel had taken the teraphim and placed them into the camel saddle and sat upon them; so Laban felt about the entire tent but did not find [them]. לד. וְרָחֵל לָקְחָה אֶת הַתְּרָפִים וַתְּשִׂמֵם בְּכַר הַגָּמָל וַתֵּשֶׁב עֲלֵיהֶם וַיְמַשֵּׁשׁ לָבָן אֶת כָּל הָאֹהֶל וְלֹא מָצָא:
into the camel saddle: Heb. בְּכַר, an expression of pillows (כָּרִים) and cushions וּכְסָתוֹת, as the Targum renders: בָּעִבִיטָא דְגַמְלָא, which is a saddle, made like a pillow, and in Eruvin 15b, 16a) we learned:“If they encircled it with pillows (עִבִיטִין).” These are the pack-saddles of the camels, bastel in French, pack-saddle.
בכר הגמל: לשון כרים וכסתות כתרגומו בעביטא דגמלא, והיא מרדעת העשויה כמין כר ובעירובין (דף טז א) הקיפוה בעביטין, והן עביטי גמלים, בשטי"ל בלע"ז [אוכף]:
35. And she said to her father, "Let my lord not be annoyed, for I cannot rise before you, for the way of women is upon me." So he searched, but did not find the teraphim. לה. וַתֹּאמֶר אֶל אָבִיהָ אַל יִחַר בְּעֵינֵי אֲדֹנִי כִּי לוֹא אוּכַל לָקוּם מִפָּנֶיךָ כִּי דֶרֶךְ נָשִׁים לִי וַיְחַפֵּשׂ וְלֹא מָצָא אֶת הַתְּרָפִים:
36. And Jacob was annoyed, and he quarreled with Laban, and he said to Laban, "What is my transgression? What is my sin, that you have pursued me? לו. וַיִּחַר לְיַעֲקֹב וַיָּרֶב בְּלָבָן וַיַּעַן יַעֲקֹב וַיֹּאמֶר לְלָבָן מַה פִּשְׁעִי מַה חַטָּאתִי כִּי דָלַקְתָּ אַחֲרָי:
that you have pursued: Heb. דָלַקְתָּ, you pursued, like (Lam. 4:19):“they chased us (דָּלָקֻנוּ) on the mountains,” and like (I Sam. 17:53):“from pursuing (מִדְּלוֹק) the Philistines.” - [from Targum Onkelos]
דלקת: רדפת, כמו (איכה ד יט) על ההרים דלקונו, וכמו (ש"א יז נג) מדלוק אחרי פלשתים:
37. For you have felt about all my things. What have you found of all the utensils of your house? Put it here, in the presence of my kinsmen and your kinsmen, and let them decide between the two of us. לז. כִּי מִשַּׁשְׁתָּ אֶת כָּל כֵּלַי מַה מָּצָאתָ מִכֹּל כְּלֵי בֵיתֶךָ שִׂים כֹּה נֶגֶד אַחַי וְאַחֶיךָ וְיוֹכִיחוּ בֵּין שְׁנֵינוּ:
and let them decide: Let them clarify who is right, aprover in Old French, prove, clarify. — [from Targum Jonathan ben Uzziel]
ויוכיחו: ויבררו עם מי הדין, אפרובי"ר בלע"ז [לברר]:
38. Already twenty years have I been with you, and your ewes and she goats have not aborted, neither have I eaten the rams of your flocks. לח. זֶה עֶשְׂרִים שָׁנָה אָנֹכִי עִמָּךְ רְחֵלֶיךָ וְעִזֶּיךָ לֹא שִׁכֵּלוּ וְאֵילֵי צֹאנְךָ לֹא אָכָלְתִּי:
have not aborted: They have not aborted their fetuses, like: (Hos. 9:14):“a miscarrying (מַשְׁכִּיל) womb” (Job 21:10):“his cow bears young and does not abort (תְּשַׁכֵּל).”
לא שכלו: לא הפילו עיבורם, כמו (הושע ט יד) רחם משכיל, (איוב כא י) תפלט פרתו ולא תשכל:
the rams of your flocks: From here they deduced that even a one-day-old ram is called a ram. Otherwise, what is his boast? He did not eat rams, but he ate lambs. If so, he is a thief. — [from B.K. 65b] 39.
ואילי צאנך: מכאן אמרו איל בן יומו קרוי איל, שאם לא כן מה שבחו, אילים לא אכל אבל כבשים אכל, אם כן גזלן הוא:
39. I have not brought home to you anything torn [by other animals]; I would suffer its loss; from my hand you would demand it, what was stolen by day and what was stolen at night. לט. טְרֵפָה לֹא הֵבֵאתִי אֵלֶיךָ אָנֹכִי אֲחַטֶּנָּה מִיָּדִי תְּבַקְשֶׁנָּה גְּנֻבְתִי יוֹם וּגְנֻבְתִי לָיְלָה:
anything torn: By a lion or a wolf. — [from Targum Jonathan ben Uzziel]
טרפה: על ידי ארי או זאב:
I would suffer its loss: Heb. אִחַטֶּנָה, an expression similar to (Jud. 20:16):“and not miss (יַחֲטִיא) ” ; (I Kings 1: 21):“My son Solomon and I will be lacking (חַטָּאִים).” I would suffer the loss; if it was missing, it was missing to me, for you would demand it from my hand.
אנכי אחטנה: לשון (שופטים כ טז) קולע באבן אל השערה ולא יחטיא, (מ"א א כא) אני ובני שלמה חטאים, חסרים, אנכי אחסרנה, אם חסרה חסרה לי, שמידי תבקשנה:
I would suffer its loss: The Targum renders: דַּהִוַת שַׁגְיָא מִמִנְיָנָא, what was missing (נִפְקֶדֶת) and lacking from the count, like (Num. 31:49):“and no man was missing (נִפְקַד) from us,” which the Targum renders: לָא שְׁגָא.
אנכי אחטנה: תרגומו דהות שגיא ממנינא שהיתה נפקדת ומחוסרת, כמו (במדבר לא מט) ולא נפקד ממנו איש, תרגומו ולא שגא:
what was stolen by day and what was stolen at night: לַיְלָה גְנֻבְתִי יוֹם וּגְנֻבְתִי, [similar to] גְנוּבַת יוֹם או ֹגְנוּבַת לַיְלָה, what was stolen by day and what was stolen at night, I paid all.
גנבתי יום וגנבתי לילה: גנובת יום או גנובת לילה הכל שלמתי:
what was stolen: Heb. גְּנֻבְתִי Similar to (Lam. 1:1):“great (רַבָּתִי) among the nations, a princess (שָׂרָתִי) among the provinces” ; (Isa. 1:21):“full (מְלֵאִתִי) of justice” ; (Hos. 10:11):“that loves (אוֹהַבְתִּי) to thresh.”
גנבתי: כמו (איכה א א) רבתי בגוים שרתי במדינות, (ישעיה א כא) מלאתי משפט, (הושע י יא) אוהבתי לדוש:
40. I was [in the field] by day when the heat consumed me, and the frost at night, and my sleep wandered from my eyes. מ. הָיִיתִי בַיּוֹם אֲכָלַנִי חֹרֶב וְקֶרַח בַּלָּיְלָה וַתִּדַּד שְׁנָתִי מֵעֵינָי:
the heat consumed me: An expression of (Deut. 4:24):“a consuming (אֹכְלָה) fire.”
אכלני חרב: לשון (דברים ד כד) אש אוכלה:
and the frost: Heb. וְקֶרַח, like (Ps. 147:17):“He hurls His ice (קַרְחוֹ).” The Targum renders: גְלִידא, ice, or frost.
וקרח: כמו (תהלים קמז יז) משליך קרחו, תרגומו גלידא:
my sleep: Heb. שְׁנָתִי. An expression of שֵׁנָה, sleep.
שנתי: לשון שינה:
41. This is twenty years that I have spent in your house. I served you fourteen years for your two daughters and six years for your animals, and you changed my wages ten times ten times. מא. זֶה לִּי עֶשְׂרִים שָׁנָה בְּבֵיתֶךָ עֲבַדְתִּיךָ אַרְבַּע עֶשְׂרֵה שָׁנָה בִּשְׁתֵּי בְנֹתֶיךָ וְשֵׁשׁ שָׁנִים בְּצֹאנֶךָ וַתַּחֲלֵף אֶת מַשְׂכֻּרְתִּי עֲשֶׂרֶת מֹנִים:
and you changed my wages: You would change the stipulation between us from speckled to spotted and from ringed to striped.
ותחלף את משכרתי: היית משנה תנאי שבינינו מנקוד לטלוא ומעקודים לברודים:
42. Had not the God of my father, the God of Abraham and the Fear of Isaac, been for me, you would now have sent me away empty handed. God has seen my affliction and the toil of my hands, and He reproved [you] last night." מב. לוּלֵי אֱלֹהֵי אָבִי אֱלֹהֵי אַבְרָהָם וּפַחַד יִצְחָק הָיָה לִי כִּי עַתָּה רֵיקָם שִׁלַּחְתָּנִי אֶת עָנְיִי וְאֶת יְגִיעַ כַּפַּי רָאָה אֱלֹהִים וַיּוֹכַח אָמֶשׁ:
and the Fear of Isaac: He did not wish to say, “the God of Isaac,” because the Holy One, blessed be He, does not associate His name with the righteous while they are alive. Although He said to him upon his departure from Beer-sheba (above, 28:13): “I am the Lord, the God of Abraham your father, and the God of Isaac,” since his eyes had become dim and a blind man is like a dead man, Jacob was afraid to say, “the God of,” and said,“and the Fear of.”
ופחד יצחק: לא רצה לומר אלהי יצחק, שאין הקב"ה מייחד שמו על הצדיקים בחייהם, ואף על פי שאמר לו בצאתו מבאר שבע (לעיל כח יג) אני ה' אלהי אברהם אביך ואלהי יצחק, בשביל שכהו עיניו והרי הוא כמת, יעקב נתיירא לומר אלהי ואמר ופחד:
and He reproved [you] last night: Heb. וַיוֹכַח, an expression of reproof, but it is not an expression of clarification.
ויוכח: לשון תוכחה הוא ולא לשון הוכחה:
___________________________
Daily Tehillim: Psalms Chapters 35 - 38
• Chapter 35
This psalm is an awe-inspiring and wondrous prayer about David's enemies-that they be as chaff before the wind, chased by the angel of God. It also declares that everything comes about through God's help.
1. By David. Fight my antagonists, O Lord, battle those who battle against me.
2. Take hold of shield and armor and arise to help me.
3. Draw a spear, and bar the way before my pursuers; say to my soul, "I am your deliverance.”
4. Let those who seek my life be shamed and disgraced; let those who devise my harm retreat and be humiliated.
5. Let them be as chaff before the wind; let the angel of the Lord thrust them away.
6. Let their path be dark and slippery; let them be chased by the angel of the Lord.
7. For without cause have they laid their nets in the pit for me; without cause have they dug [pits] for my soul.
8. Let darkness come upon him unawares; let the very snare that he hid trap him, in darkness he will fall in it.
9. And my soul shall exult in the Lord, rejoice in His deliverance.
10. My entire being shall declare: Lord, who is like You? Who saves the poor from one stronger than he, the poor and the destitute from one who would rob him.
11. Corrupt witnesses rise up [against me], they demand of me things of which I do not know.
12. They repay me evil for good, death for my soul.
13. But I wore sackcloth when they were ill; I afflicted my soul with fasting. Let my prayer return upon my own bosom.
14. As if it were my friend, my brother, I went about; like a mother in mourning, I was bent over in gloom.
15. But when I limped, they rejoiced and gathered; the lowly gathered against me-even those whom I do not know; they laugh and cannot be quiet.
16. With flattery and scorn, for the sake of a meal,1 they gnash their teeth at me.
17. My Lord, how long will You look on? Restore my life from their darkness; from young lions, my soul.
18. I will thank You in a great congregation, amidst a mighty nation I will praise You.
19. Let not those who hate me without cause rejoice over me; [let not] those who despise me without reason wink their eye.
20. For they speak not of peace, rather they scheme deceitful matters against the broken of the land.
21. They opened their mouths wide against me, they said, "Aha! Aha! Our eyes have seen [his misfortune].”
22. You saw, Lord, be not silent; my Lord, be not distant from me.
23. Rouse and awaken Yourself to my judgement, to my cause, my God and my Lord.
24. Judge me according to your righteousness, Lord my God; let them not rejoice over me.
25. Let them not say in their hearts, "Aha! We have our desire!" Let them not say, "We have swallowed him!”
26. Let them be shamed and disgraced together, those who rejoice at my trouble; let them be clothed in shame and humiliation, those who raise themselves arrogantly over me.
27. Let those who desire my vindication sing joyously and be glad; let them say always, "Let the Lord be exalted, Who desires the peace of His servant.”
28. My tongue will speak of Your righteousness, Your praise, all day long.
Chapter 36
This psalm is a message to those who follow their evil inclination, that tells them, "Do not place the fear of God before you," and brings them to sin by beautifying evil deeds in their eyes. For so is his way: "He descends (to earth) and corrupts, then goes up (to the Heavenly Court) and prosecutes."
1. For the Conductor, by the servant of the Lord, by David.
2. [I think] in my heart: Sin says to the wicked, "There is none [who need place] the fear of God before his eyes.”
3. For Sin makes itself appealing to him, until his iniquity be found and he is hated.
4. The speech of his mouth is evil and deceit; he fails to reason, to improve.
5. On his bed he contemplates evil, he stands in a path that is not good; he does not despise evil.
6. O Lord, Your kindness is in the heavens; Your faithfulness is till the skies.
7. Your righteousness is like the mighty mountains, Your judgements extend to the great deep; man and beast You deliver, O Lord.
8. How precious is Your kindness, O God; man takes shelter in the shadow of Your wings.
9. They will be filled by the abundance of Your house; from the stream of Your Eden, You will give them to drink.
10. For the source of life is with You; in Your Light do we see light.
11. Extend Your kindness to those who know You, and Your righteousness to the upright of heart.
12. Let not the foot of the arrogant overtake me; let not the hand of the wicked drive me away.
13. There1 the doers of evil fell, thrust down, unable to rise.
Chapter 37
King David exhorts his generation not to be jealous of the prosperity of the wicked, for it may lead to falling into their ways. Rather, put your trust in God, conduct yourselves with integrity, and God will take care of everything.
1. By David. Do not compete with the wicked; do not envy doers of injustice.
2. For like grass they will be swiftly cut down; like green vegetation they will wither.
3. Trust in the Lord and do good; then will you abide in the land and be nourished by faith.
4. Delight in the Lord, and He will grant you the desires of your heart.
5. Cast your needs upon the Lord; rely on Him, and He will take care.
6. He will reveal your righteousness like the light, your justness like the high noon.
7. Depend on the Lord and hope in Him. Compete not with the prosperous, with the man who invents evil schemes.
8. Let go of anger, abandon rage; do not compete with [one who intends] only to harm.
9. For the evildoers will be cut down; but those who hope in the Lord, they will inherit the earth.
10. For soon the wicked one will not be; you will gaze at his place and he will be gone.
11. But the humble shall inherit the earth, and delight in abundant peace.
12. The wicked one plots against the righteous, and gnashes his teeth at him.
13. My Lord laughs at him, for He sees that his day will come.
14. The wicked have drawn a sword and bent their bow to fell the poor and destitute, to slaughter those of upright ways.
15. But their sword shall enter their own hearts, and their bows shall break.
16. Better the little of the righteous, than the abundant wealth of the wicked.
17. For the strength of the wicked will be broken, but the Lord supports the righteous.
18. The Lord appreciates the days of the innocent; their inheritance will last forever.
19. They will not be shamed in times of calamity, and in days of famine they will be satisfied.
20. For the wicked shall perish, and the enemies of the Lord are as fattened sheep: consumed, consumed in smoke.
21. The wicked man borrows and does not repay; but the righteous man is gracious and gives.
22. For those blessed by Him will inherit the earth, and those cursed by Him will be cut off.
23. The steps of man are directed by God; He desires his way.
24. When he totters he shall not be thrown down, for the Lord supports his hand.
25. I have been a youth, I have also aged; yet I have not seen the righteous forsaken, nor his offspring begging bread.
26. All day he is kind and lends; his offspring are a blessing.
27. Turn away from evil and do good, and you will dwell [in peace] forever.
28. For the Lord loves justice, he will not abandon his pious ones-they are protected forever; but the offspring of the wicked are cut off.
29. The righteous shall inherit the earth and dwell upon it forever.
30. The mouth of the righteous one utters wisdom, and his tongue speaks justice.
31. The Torah of his God is in his heart; his steps shall not falter.
32. The wicked one watches for the righteous man, and seeks to kill him.
33. But the Lord will not abandon him in his hand, nor condemn him when he is judged.
34. Hope in the Lord and keep His way; then He will raise you high to inherit the earth. When the wicked are cut off, you shall see it.
35. I saw a powerful wicked man, well-rooted like a vibrant, native tree.
36. Yet he vanished, behold he was gone; I searched for him, but he could not be found.
37. Watch the innocent, and observe the upright, for the future of such a man is peace.
38. But sinners shall be destroyed together; the future of the wicked is cut off.
39. The deliverance of the righteous is from the Lord; He is their strength in time of distress.
40. The Lord helps them and delivers them; He delivers them from the wicked and saves them, because they have put their trust in Him.
Chapter 38
A prayer for every individual, bewailing the length of the exile. One who is in distress should recite this psalm, hence its introduction, "A psalm... to remind" (to remind us to recite it in times of distress). One can also derive many lessons from it.
1. A psalm by David, to remind.
2. O Lord, do not rebuke me in Your anger, nor chastise me in Your wrath.
3. For Your arrows have landed in me, Your hand descended upon me.
4. There is no soundness in my flesh because of Your rage, no peace in my bones because of my sin.
5. For my iniquities have flooded over my head; like a heavy load, they are too heavy for me.
6. My wounds are rotted; they reek because of my foolishness.
7. I am bent and extremely bowed; all day I go about in gloom.
8. My sides are inflamed; there is no soundness in my flesh.
9. I am weakened and extremely depressed; I howl from the moaning of my heart.
10. My Lord, all that I desire is before You; my sighing is not hidden from You.
11. My heart is engulfed, my strength has left me; the light of my eyes they, too, are not with me.
12. My friends and companions stand aloof from my affliction; my intimates stand afar.
13. The seekers of my life have laid traps; those who seek my harm speak destructiveness; they utter deceits all day long.
14. But I am like a deaf man, I do not hear; like a mute that does not open his mouth.
15. I was like a man that does not perceive, and in whose mouth there are no rebuttals.
16. Because for You, O Lord, I wait; You will answer, my Lord, my God.
17. For I said, "Lest they rejoice over me; when my foot falters they will gloat over me.”
18. For I am accustomed to limping, and my pain is constantly before me.
19. For I admit my iniquity; I worry because of my sin.
20. But my enemies abound with life; those who hate me without cause flourish.
21. Those who repay evil for good resent me for my pursuit of good.
22. Do not forsake me, O Lord; do not be distant from me, my God.
23. Hurry to my aid, O my Lord, my Salvation.
____________________________
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
Friday, 6 Kislev, 5775 • 28 November 2014
Kuntres Acharon, middle of Essay 4
ועוד זאת
In addition:
The Alter Rebbe will now state that beyond the above-discussed superior quality of mitzvot requiring action (as well as the study of their laws), they are also essentially superior to the source of the soul, by virtue of their source.
Thus, the love and awe experienced by the soul, though spiritual in nature, pale in comparison to these mitzvot (even though they are performed with physical entities), not only because these mitzvot and the extraction of the sparks accomplished thereby are the ultimate purpose of creation, but in essence too they are superior to the source of the soul.
שבאמת הבירורין שבבריאה יצירה עשיה מרפ״ח, על ידי תורה ומצות, במחשבה דבור ומעשה
For the truth is that the purifications in Beriah, Yetzirah and Asiyah of the 288 [sparks of Tohu] by means of the Torah and mitzvot that man fulfills in thought, speech and deed,
גבוהין בשרשן מנפש רוח נשמה שבאדם
are superior in their source to the Nefesh-Ruach-Neshamah of man that possess the love and fear of G‑d.
כי הן מס״ג שבפנימיות אדם קדמון
For they derive from the Divine Name Sa’g of the internal aspect of Adam Kadmon,
ונפש רוח נשמה שכבר נתקנו על ידי מ״ה הוא יוצא מהמצח, הארה בעלמא
while the Nefesh-Ruach-Neshamah that has already been corrected through the Divine Name Ma’h issues (i.e., this Name issues) from the “forehead” [of Adam Kadmon], being a mere reflection [of it], but not of its essence.
The Divine Names Sa’g and Ma’h are two of the four Names that echo the varying numerical values which result when the names of the four letters that comprise the Name Havayah are spelled out in any of four different ways. For example, one possible spelling entails the repeated use of the letter vav, while another possible spelling entails the repeated use of the letter alef.
When the Hebrew names of the four letters yud and hei and vav and hei are written out with the full complement (milui) of the letter vav, the numerical equivalent of the letters used totals 63 (hence the Divine Name ס״ג). When it is written with the full complement of the letter alef, the numerical equivalent of the letters used totals 45 (hence the Divine Name מ״ה).
The Kabbalah explains how the Name Sa’g is related to the World of Tohu, while the Name Ma’h is related to the World of Tikkun, which is inferior to it.
The Alter Rebbe is thus stating here that the purifications of the action-related mitzvot find their source in the Divine Name Sa’g that derives from the internal aspect of Adam Kadmon, the primal Divine thought of creation that encompasses all subsequent stages and levels of creation.
By contrast, since the souls of Jews derive from the World of Tikkun (lit., “correction”), the Nefesh or Ruach or Neshamah is of a level at which it was already corrected by means of the Divine Name Ma’h. And this Name is but a glimmer that derives from the “forehead” of Adam Kadmon.
וזהו שכתוב: לפני מלוך מלך כו׳
Hence it is written,1 “...before a king ruled [over the Children of Israel].”
The verse reads thus: “These are the kings who ruled in the land of Edom before a king ruled over the Children of Israel.” The Kabbalah understands these “kings” as a reference to the Sefirot in the World of Tohu who reigned before (i.e., on a superior level to) “a king who ruled over the Jews,” i.e., the World of Tikkun, which is the source of their souls. For the World of Tikkun is merely a glimmer of Adam Kadmon, while Tohu (from whence derive the exiled sparks and their purification) stems from the Divine Name Sa’g, which is rooted in the internal level of Adam Kadmon.
והאי טעמא שהאדם חי במזונות דומם צומח חי, ומבררן במ״ה שבו
For this reason man is sustained by food of the inorganic, vegetative, and living classes, and purifies them by the Ma’h within him,
Since the soul derives from the World of Tikkun and incorporates the Divine Name Ma’h, it is thereby able to extract and purify the sparks found within the inorganic, vegetative and living classes.
וחי בהם
and lives through them,
Having refined these sparks that are found within the inorganic, vegetative, and living classes, and having drawn Divine energy upon them from their lofty source in Tohu, man in turn is then invigorated by them with an additional measure of spiritual vitality.
לפי שהם מס״ג
because they derive from Sa’g.
But is it not paradoxical that man, who is so far superior to the inorganic, vegetative and living classes, should derive his sustenance from them?
The teachings of Chassidut find the answer in the verse,2 “Not on bread alone does a man live, but on all that comes forth from G‑d’s mouth does a man live.” It is not the physical, vegetative bread alone that sustains man, but the creative Divine utterance that is found within the bread.
However, since man is provided with his ongoing existence by his own creative Divine utterance, viz.,3 “Let us make man,” why does he need to be sustained by the creative word that sustains vegetative growth (or, for that matter, the inorganic and living classes of existence)?
The answer lies in the fact that the creative utterance that animates bread derives from a loftier source (the World of Tohu) than the source of the creative utterance that animates man (the World of Tikkun). In terms of the Divine Names, Sa’g transcends Ma’h.
ועוד זאת
Another point in which the mitzvot requiring action are superior to the love and awe experienced by the soul:
The Alter Rebbe will now explain that since love and fear are essentially spiritual in nature, they resemble the mere glimmer (and not the essence) of the master’s own intellectual illumination that he imparts to his disciple. In contrast, a physical seminal drop is capable of creating a child — it imparts the entire essence. So much so, in fact, that it is possible for the4 “power of the child to outshine the power of his father,” so that gifts dormant within the father can become manifest in the child.
The Alter Rebbe will now use this analogy to explain the difference between love and awe, which are spiritual, and the action-related mitzvot, which are physical. Love and awe are “illuminations” (orot), like the illumination of intellect, while the practical mitzvot are “vessels” (kelim) that give forth the essence, similar to the physical drop that gives forth the entire essence of its source.
שהרי הדבור מדברי חכמה עילאה אינו מוליד
For verbalizing any phrase of the Supreme Wisdom does not procreate — imparting wisdom does not create any being ex nihilo,
והטפה שנמשכה מהכלי דחכמה עילאה, יש בה כח המוליד ומהווה יש מאין
whereas the drop drawn from the vessel of the Supreme Wisdom, like the drop that derives from the father’s brain,5 has the power to procreate and bring about existence ex nihilo.
וגם המשכת חכמה עילאה כלולה בה
Also, a flow of the Supreme Wisdom — an illumination which is paralleled by a person’s capacity for wisdom — is incorporated within it (i.e., within the drop that derives from the vessel of Supernal Wisdom).
והטעם, מפני שבה נמשך מהותה ועצמותה דחכמה עילאה
The reason is that into it there is drawn the essence and nature of the Supreme Wisdom.
All the above refers to the drop that derives from the vessels of wisdom.
מה שאין כן בדבור ומחשבה
This is not the case with thought and speech, where the intellect they draw forth does not possess the essence of the original wisdom,
ואפילו בהשכלת השכל באיזו חכמה
even in intellectual conception in any field of wisdom,
Though this is a rarefied level of conceptualization, transcending even the subtle articulation sketched by “letters of thought,” nevertheless:
הרי חכמה זו, רק הארה מתפשטת ממהות השכל שבנפש ועצמותו
this wisdom is a mere reflection that extends from the essence of intellect in the soul.
והארה זו היא רק לבוש למהותו ועצמותו של השכל
Then, too, this reflection is a mere garment for the very essence of the intellect,
והשכל הוא הארה ולבוש למהות הנפש
and the intellect in turn is but a reflection and garment for the essence of the soul.
Thus, the soul’s essence is not to be found even within intellectual conception — unlike the drop, which, though physical, comprises within it the essence of the soul, as the Alter Rebbe now goes on to say.
מה שאין כן, הטפה נמשך בה גם ממהות הנפש ועצמותה המלובשת במוחין
In contrast, there is also drawn into the drop something of the very essence of the soul which is clothed within the brain.
ולכן מולידה בדומה לה ממש
Hence it begets offspring precisely similar to itself, to the soul itself.
וזהו ההפרש בין עבודת המלאכים היוצאין מנשיקין
This is the difference between the divine service of angels, which are born of a spiritual kiss, and hence their divine service is likewise spiritual,
להנשמות היוצאין מהכלים
and that of souls, which issue from the “vessels” that contain an element of the “essence”, and which thus resemble the tangible product of the seminal drop which incorporates the entire essence of its source.
According to the above, however, it would seem that within the love and awe of souls as well, there should be an element of essence — whereas we learned above that the love and awe of souls are likened to the mere reflection (and not the essence) of his own illumination which a master imparts to his disciple.
The Alter Rebbe anticipates this query by explaining that since the vessels of Atzilut become a Neshamah to Beriah, Yetzirah and Asiyah, there are therefore two forms of issue from the soul itself: one is a radiation, which is intellectual love and fear; the other is an issue of essence, that finds expression in action-related mitzvot.
אך הכלים דאצילות נעשו נשמה לבריאה יצירה עשיה
But the vessels of Atzilut become the soul of Beriah, Yetzirah and Asiyah — and from this soul emanate two manners of issue.
והלכך, דחילו ורחימו שכליים הן כמלאכים דנשיקין, מהארת חיצוניות דחב״ד בבריאה יצירה עשיה
Therefore intellectual love and awe are comparable to the angels that issue from the spiritual kiss, which irradiates only the external aspect of ChaBaD — Chochmah, Binah and Daat, the three intellective Sefirot — in Beriah, Yetzirah and Asiyah.
Though it derives from the vessels of Atzilut, it is still not of the degree of essence.
והטעם, משום דפנימיות חב״ד ומהותו ועצמותו של אור פנימי אינו יכול להתגלות אלא על ידי הארת הכלים דוקא, היורדים למטה
The reason is that the innermost dimension of ChaBaD and the essential nature of the indwelling light (or pnimi) cannot be revealed except through the radiance of the vessels that descend below,
כטפת האדם ממוחין
as does the seminal drop of man issuing from the brain.
וכמו שכתוב: ופני לא יראו
As it is written,6 “My Face — My innermost dimension — shall not be seen.”
Not being manifest, it must therefore descend in a concealed manner, similar to the drop.
FOOTNOTES
1. Bereishit 36:31.
2. Devarim 8:3.
3. Bereishit 1:26.
4. Shevuot 48a, and sources cited there.
5. Tanya, ch. 2.

6. Shmot 30:23.
____________________________

Rambam: 
Daily Mitzvah N291 Sefer Hamitzvot
Today's Mitzvah
Friday, 6 Kislev, 5775 • 28 November 2014

Negative Commandment 291
A Witness Acting as Judge
"But one witness shall not testify against a person causing him to die"—Numbers 35:30.
In a capital case, a witness may not offer any opinion regarding the defendant's guilt or innocence. Rather, he must state the facts as he saw them and then remain silent, and allow the judges to reach their decision.
A Witness Acting as Judge
Negative Commandment 291
Translated by Berel Bell
The 291st prohibition is that a witness is forbidden from saying anything extra regarding the case he is testifying about. Even if he is learned and knowledgeable, he may not act as a witness and a judge and legal authority. He must testify concerning what he saw and then remain silent, and the judges will use his testimony as they see fit. The witness is prohibited from saying anything in addition to his testimony. This law applies only to capital cases.
The source of this prohibition is G‑d's statement1 (exalted be He), "A single eyewitness may not speak against a person where the death penalty is involved." This prohibition is repeated in the verse,2 "He shall not be put to death through the testimony of one witness." This means that he shall not be put to death because of the instructions of the witness.
Our Sages said in tractate Sanhedrin,3 "The prohibition, 'A single eyewitness may not speak against a person' applies whether he speaks for acquittal or for conviction," and they give a reason, "Because it will appear that he is a biased witness." The prohibition against speaking out either for or against the defendant applies only in capital cases.4
FOOTNOTES
1.Num. 35:30.
2.Deut. 17:6.
3.33b.
4.In monetary cases, the witness can offer arguments either for or against the defendant, as long as he is not counted as a judge. See Hilchos Eidus 5:8.
________________________________________

Rambam:

• 1 Chapter a Day: Avel - Chapter 10
Avel - Chapter 10
Halacha 1
The Sabbath is counted as one of the days of mourning. Nevertheless, the laws of mourning are not observed on the Sabbath with the exception of private matters, e.g., veiling one's head, marital relations, and washing with hot water. With regard to matters which are obvious, however, the mourning laws are not observed. Instead, one may wear shoes, position his bed upright, and greet everyone.
If the mourner has another garment, he should change it. He should not wear a torn garment on the Sabbath even because of his father and mother. If he does not have a garment to change, he should turn the tear to the other side.
Halacha 2
When may one position his bed upright on Friday? From the afternoon onward. Nevertheless, one should not sit on the upright bed until nightfall. Even when there remains only one day for the seven days of mourning, one should overturn the beds again on Saturday night.
Halacha 3
On the festivals and similarly, Rosh HaShanah and Yom Kippur, we do not observe any of the mourning rites at all. Moreover, whenever anyone buries his dead even a small amount of time before a festival or before Rosh HaShanah or Yom Kippur, the decree requiring him to observe seven days of mourning is nullified.
Thus after Rosh HaShanah and Yom Kippur, a mourner counts 23 days. After Pesach, he counts16 days - for the seven days of mourning are nullified and the seven days of the festival are equal to 14. Similarly, if the deceased was buried before Shavuos, the mourner counts 16 days afterwards. For even though the holiday is only one day, since it is a festival, it is counted as seven days.
Halacha 4
When a person buries his dead before Sukkos, he should count only nine days after the festival. For Shemini Atzeret is a holiday in its own right. Thus the first day concludes the seven days, then come the seven days of the holiday, and the eighth day is considered as a festival. Thus there are 21 days.
Halacha 5
When a person buries his dead seven days before any one of the festivals or seven days before Rosh HaShanah or Yom Kippur, the decree requiring him to observe the 30 days of mourning is nullified. He is permitted to cut his hair and launder his garments on the day preceding the festival or Yom Kippur. The rationale is that a portion of the day is considered as the entire day. After the holiday, he does not count any other days of mourning.
If, however, he is mourning for his father or mother - even if they died more than 30 days before the festival - he may not cut his hair until it grows uncontrolled or until his friends rebuke him. The festivals do not nullify this measure.
Halacha 6
When the sixth day of mourning falls on the day before the festival - needless to say, this law applies if the fifth or the third day falls on that day - he may not cut his hair. The festival nullifies only the decree requiring him to mourn for seven days. He is not permitted to wash, anoint himself, or perform any other practice forbidden during the days of mourning until the onset of the festival. The festival concludes the seven days of mourning. After the festival, he concludes all 30 days from the day of the death. During them, he is forbidden to perform any of the five practices mentioned in Chapter 6.
Halacha 7
The following rules apply when the seventh day of mourning falls on the day before a festival and that day is the Sabbath. The decree requiring him to observe the 30 days of mourning is nullified and he may cut his hair in the midst of the holiday. For he was held back by forces beyond his control since he cannot cut his hair on the Sabbath. Similarly, one may cut one's hair after Shavuot or after Rosh HaShanah and Yom Kippur, for the decree requiring him to observe the 30 days of mourning has been nullified and he may cut his hair whenever he desires.
Halacha 8
When a person buries his dead in the midst of a festival, the laws of mourning do not apply to him. He does not observe the mourning rites in the midst of the festival. Instead, after the festival he begins to count the seven days of mourning and observes all of the mourning rites at that time. He counts the 30 days of Sheloshim from the day of the burial. In the days that remain from these 30 days, he observes all the restrictions required.
Halacha 9
In the above situation, in places where the holidays are observed for two days, one should count seven days from the second day of the final days of the festival. Since its observance is a Rabbinic institution, it is included in the reckoning and he need count only six days afterwards. He counts the 30 days of Sheloshim from the day of the burial as stated above.
Halacha 10
When a person buries his dead on the second day of a holiday which is the final day of a festival or on the second day of Shavuot, he should observe mourning rites, for the observance of the second day of a festival is a Rabbinic institution and the observance of mourning rites on the first day is a Scriptural obligation. Hence the observance of a positive Rabbinic commandment is superseded by the observance of a positive Scriptural commandment.
If, however, one buries his dead on the second day of Rosh HaShanah, he should not observe the mourning rites. For the two days of Rosh HaShanah are considered as one long day, because of the rationale explained in Hilchot Kiddush HaChodesh.
____________________________
Rambam:
• 3 Chapters a Day:  Edut Edut - Chapter 5, Edut Edut - Chapter 6, Edut Edut - Chapter 7
Edut - Chapter 5
Halacha 1
A ruling is never delivered in any judgment on the basis of the testimony of one witness, not in cases involving financial law, nor in cases involving capital punishment, as Deuteronomy 19:15 states: "One witness should not stand up against any person with regard to any transgression or any sin." According to the Oral Tradition, we learned that his testimony is effective with regard to an oath, as stated in Hilchot Toein ViNitan.
Halacha 2
In two situations, the Torah accepted the testimony of one witness:
a) with regard to a sotah, so that she does not drink the bitter waters; and
b) with regard to a calf whose neck is broken, to prevent its neck from being broken, as we explained.
Similarly, according to Rabbinic Law, we accept the testimony of one witness with regard to testimony concerning a woman, if he testifies that her husband died.
Halacha 3
Whenever the testimony of one witness is effective, a woman and a person disqualified as a witness may also testify. There is, however, an exception: a witness who requires that an oath be taken. We do not require that an oath be taken except on the basis of testimony that is acceptable and fit to be joined with the testimony of another person to obligate the person taking the oath to make financial restitution.
Deuteronomy 19:15 states: "On the basis of the testimony of two witnesses or on the basis of the testimony of three witnesses...," establishing an equation between three witnesses and two witnesses. Just as when there are two witnesses, if one of them is discovered to be a relative or unfit to deliver testimony, the entire testimony is nullified; so, too, if there are three - or even 100 - witnesses and one of them is discovered to be a relative or unfit to deliver testimony, the entire testimony is nullified. This applies both in matters involving financial law and in cases involving capital punishment.
Halacha 4
When does the above apply? When all of the potential witnesses had the intent of delivering testimony. If, however, they did not all intend to deliver testimony, the testimony will not be nullified. What should two brothers do when they are together with other people and they and the others see a person murder a colleague, injure him, or grab an article from his hand?
Halacha 5
How do we investigate the matter? When many witnesses come to the court as a single group, we ask them: "When you saw this person kill or injure was your intent to serve as a witness or merely to observe?" All those who say that their intent was not to serve as a witness, but they came merely to observe the matter as part of people at large are set aside. And all those who say: "I stood and took notice solely for the purpose of serving as a witness and being precise in my testimony," are set aside. If a relative or an unacceptable witness is found among those who intended to deliver testimony, the entire testimony is nullified.
When does the above apply? When a relative or an unacceptable witness was present. If, however, they are all acceptable to serve as witnesses, their testimony is taken into account whether they intended to serve as witnesses or not. Since they observed the matter, related the particulars of the testimony, and a warning was given the transgressor, the matter is adjudicated on this basis. This applies both in matters involving financial law and in cases involving capital punishment.
Halacha 6
The following laws apply when there is a legal document with many witnesses and one of them is discovered to be a relative or unacceptable or two of them are related to each other and the witnesses are not alive so that they could be asked whether they intended to sign as witnesses or not. If there is definitive testimony that they all sat down with the intent of signing - i.e., they intended to give testimony - the document is unacceptable. If not, the testimony may be maintained on the basis of the other witnesses.
Why may the testimony be maintained on the basis of the other witnesses? Because it is possible that the acceptable witnesses signed and left a place for a person of stature to sign and the relative or the unacceptable witness signed without them knowing.
Halacha 7
Even though an unacceptable witness is the first whose signature appears on the legal document, the document is acceptable.
Halacha 8
Whenever a witness delivers testimony in a case involving capital punishment, he may not rule as a judge with regard to this murder. He may not offer an opinion in favor of the accused's acquittal or conviction. If he states: "I have a rationale that should lead to his acquittal, he is silenced, as implied by Numbers 35:30: "One witness shall not make a statement with regard to a case involving capital punishment," i.e., his words are not accepted neither for acquittal, nor for conviction.
What is the intent of the phrase "involving capital punishment"? That once a witness testifies with regard to capital punishment, he should make no further statements. He should deliver his testimony and be silent. With regard to cases involving financial matters, he may, however, offer an opinion leading to the defendant being released from financial liability or held liable. He may not, however, be counted among the judges or serve as a judge. For a witness may not serve as a judge. This applies even in cases involving financial matters.
Halacha 9
When does the above apply? With regard to matters that, according to Scriptural Law, require testimony and adjudication by judges. In matters of Rabbinic Law, by contrast, a witness may serve as a judge.
What is implied? A person brought a bill of divorce and stated: "It was written and signed in my presence." He and two other individuals may serve as a court and give the woman the bill of divorce. It is as if she received it in a court. Similar laws apply in all analogous situations.
Edut - Chapter 6
Halacha 1
As explained, the verification of the authenticity of the signatures of the witnesses to legal documents is a Rabbinic provision so that loans will be given freely. Nevertheless, we do not verify the authenticity of a legal document except in a court of three judges, for it is a judgment. Ordinary people, however, are acceptable to serve as the judges. For this reason, the authenticity of legal documents may not be verified at night, as we explained.
Halacha 2
The authenticity of the signatures of the witnesses to legal documents may be verified in any of five ways:
a) the judges recognize the handwriting of the witnesses and know that this is so-and-so's signature and that this is so-and-so's signature;
b) the witnesses sign the legal document in their presence;
c) the witnesses who signed come and each testifies in the presence of the judges saying, "This is my signature and I am a witness to this matter";
d) if the witnesses to the legal document died or they were in another locale, other witnesses may come and testify to the authenticity of their signatures;
e) if the witnesses' signatures were found on other legal documents, the court compares these signatures to the signatures on those documents, seeing that they resemble each other and the signatures on these documents match these signatures.
Halacha 3
The authenticity of the signatures of the witnesses to legal documents should not be verified from documents other than:
a) two deeds of sale from two fields whose owners benefited from them for three years in a proper and conspicuous manner without fear or dread from any claim in the world as all the owners of fields benefit from their properties; or b) two ketubot.
These two legal documents must be in the possession of another person and not in the possession of the person who seeks to validate his legal document, for it is possible he forged all the signatures. Similarly, we may validate a legal document by comparing the signatures of the witnesses to those on a legal document whose authenticity was challenged and then verified by a court of law. Such a legal document alone can be used to verify the authenticity of the signatures to a legal document just as a legal document can be validated by comparing it to the deeds of sale for two fields or two ketubot.
Halacha 4
When a court writes on a legal document: "In a sitting of three judges, the authenticity of this legal document was validated in our presence," it is validated even though they did not state in which of the five ways it was validated. For we do not suspect that the court erred. Nevertheless, it has already become accepted practice for all the courts which we have seen and about whom we have heard for the judges to describe the manner in which the document was validated.
Halacha 5
A court never checks whether another court validated a legal document in a correct manner. Instead, we act under the presumption that they were knowledgeable and did not err. We do, however, check the witnesses.
Halacha 6
When three judges sit to validate the authenticity of a legal document and one of them dies, the remaining judges should write: "We sat in a session of three judges, one of the judges exists no longer," lest an observer say: "A court of two judges validated it." Even if the validation states that it was performed by a court, it would be insufficient, lest an observer say: "Perhaps they thought that two judges could constitute a court." If their wording implied that there were three judges, there is no need to mention the death of the other judge.
Halacha 7
The following principles apply when there is a question if one of the judges was acceptable to serve in his position. For example, three judges sat to validate the authenticity of a legal document. Two witnesses came and challenged the propriety of one of the judges, saying that he was a robber or the like. Two others came and testified that he repented. If, before the judges signed, they testified that he repented, he may sign with them. For there were three acceptable judges at the time of the signing. If it was not until after the other two judges signed that the witnesses testified that he repented, the third judge may not sign together with them. For it is as if he did not exist at the time the other two signed.
When does the above apply? When his propriety was challenged because of a transgression. Different rules apply, however, when, however, his propriety was challenged because of a blemish in his lineage, e.g., they said: "His mother was never freed, and he is a servant," or "His mother never converted and he is a gentile." If after the other two judges signed, it was discovered that he does not have this type of blemished lineage and he is fit to serve as a judge, he may sign together with the other two. The rationale is that this is merely the revelation of a fact that existed previously.
Halacha 8
It is permitted to write the validation on the document before the signatures on the document are validated. For it is the judges' signing of the validation, not the writing of it that is of fundamental importance.
The judges do not have to read the legal document when they validate its authenticity. Instead, they validate it based on the signatures of the witnesses even if they do not know what was written in it.
Edut - Chapter 7
Halacha 1
A relative may give testimony with regard to his relative's signature.
What is implied? There was a legal document which Reuven and Shimon signed as witnesses. They died or traveled overseas. Reuven's son came and testified: "This is my father's signature," and Shimon's son came and testified: "This is my father's signature," it is as if they are two acceptable witnesses who are not related to the witnesses who have signed. If a third witness joins together with them and testifies with regard to the two signatures, the authenticity of the legal document is validated.
Halacha 2
The statements of the following individuals are acceptable when, as adults, they testify with regard to what they observed as minors. A person's words is accepted when, as an adult, he states: "This is the signature of my father....", "This is the signature of my teacher...", "This is the signature of my brother which I learned to recognize when I was a minor."
The above applies, provided he is joined by another person who learned to recognize these signatures while an adult.
Halacha 3
When there is a legal document on which Reuven and Shimon signed as witnesses and two others came and testified to the authenticity of the signatures of both Reuven and Shimon, the legal document is validated. If, however, one testified to the authenticity of Reuven's signature and the other testified to the authenticity of Shimon's signature, the document is not validated. The rationale is that two witnesses must testify with regard to both witnesses' signature. If there is a third witness who testifies with regard to the authenticity of both Reuven's and Shimon's signature, the document is validated.
Halacha 4
When one witness says: "This is my signature," and he and another witness testify with regard to the signature of the other witness, the document is not validated, for three fourths of the money mentioned in the legal document is dependent on the testimony of one person. Similarly, if the son or the brother of the first witness testifies with another person with regard to the signature of the second witness, the document is not validated, because three fourths of the money is dependent on the testimony of relatives.
Halacha 5
When two witnesses sign a legal document and one of them dies, it is necessary that two witnesses testify with regard to the authenticity of the witness who died. If there is only one other witness who recognizes his signature in addition to the witness who is alive, the latter should write his signature, even on a shard, in the presence of two witnesses and send it to the court so that his signature will be validated. In that instance, it is not necessary for him to declare that it is his signature. Accordingly, he and another person can testify with regard to the signature of the deceased person so that his signature will be validated even though he is not present.
Halacha 6
The following principles apply if three judges sit together to validate the authenticity of a legal document, two of them recognize the signatures of the witnesses and one of them does not. Before the judges sign the validation, the two witnesses who recognize the signatures may deliver testimony before the third judge. Then they may sign the validation, for witnesses may serve as judges in a matter that is a Rabbinic ordinance, as we explained.
If the two witnesses who recognize the signatures sign the validation before testifying, they may not testify in the presence of the third judge and have him sign. For at the time they signed, only those two recognized the signature of the witnesses. A legal document may be validated only when all three judges recognize the signatures or witnesses deliver testimony on the signatures before each one of them.
Halacha 7

The following law applies when the two witnesses who signed on a legal document died and two others came and testified, saying: "This is their signature, but they signed under duress," "...they were minors," or "...they were unacceptable as witnesses." Even though there were other witnesses who testify with regard to their signatures or their signatures could be recognized from another legal document concerning which a protest was raised and afterwards, it was validated by the court, the legal document is not validated. Instead, the two witnesses who signed the document are balanced against the two who testified that they were unacceptable as witnesses, and the legal document may not be used to expropriate money.
____________________________
Hayom Yom:
Friday, 6 Kislev, 5775 • 28 November 2014

"Today's Day"
Friday, Kislev 6, 5704
Torah lessons: Chumash: Vayeitsei, Shishi with Rashi.
Tehillim: 35-38.
Tanya: In addition: (p. 607)...cannot be seen." (p. 609).
My father said that the reciting of sh'ma before retiring at night (p. 118-124) is, in miniature form, like the Confession before death. But then one leaves the marketplace permanently, and the commerce of "Today to perform them"1 is finished. With the Bedside Sh'ma every night, however, one is still in the middle of the "market" and can still accomplish and achieve.
FOOTNOTES

1. I.e. the mitzvot. See Devarim 7:11, Eiruvin 22a.
____________________________
Daily Thought:
The Only Child
Why do parents love their children?
Because the lower world reflects the higher world. And above, there is a Parent and He loves His children.
Why do parents of an only child have such unbounded love for their child?
Because this is the truest reflection of the world above: Above, each one of us is an only child, and His love to us is unbounded.[Torat Menachem 5745, volume 2, page 1121. Ibid, volume 3, page 1725.]
____________________________