Today's Laws & Customs:
Today in Jewish History:
DAILY QUOTE:
The Talmud specifically derives from the Torah that, "A physician is allowed to heal." But nowhere has a doctor been given the right to determine that an ill person is incurable[Rabbi Menachem Mendel of Lubavitch (1789-1866)]
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:DAILY QUOTE:
The Talmud specifically derives from the Torah that, "A physician is allowed to heal." But nowhere has a doctor been given the right to determine that an ill person is incurable[Rabbi Menachem Mendel of Lubavitch (1789-1866)]
DAILY STUDY:
Chumash: Vayeitzei, 2nd Portion Genesis 29:1-29:17 with Rashi
• Chapter 29
1. Now Jacob lifted his feet and went to the land of the people of the East. א. וַיִּשָּׂא יַעֲקֹב רַגְלָיו וַיֵּלֶךְ אַרְצָה בְנֵי קֶדֶם:
Now Jacob lifted his feet: As soon as he was given the good tidings that he was assured protection, his heart lifted his feet, and he became fleet-footed. So it is explained in Gen. Rabbah (70:8).
וישא יעקב רגליו: משנתבשר בשורה טובה שהובטח בשמירה, נשא לבו את רגליו ונעשה קל ללכת. כך מפורש בבראשית רבה (ע ח):
2. And he looked, and behold! a well in the field, and behold! three flocks of sheep lying beside it, because from that well they would water the flocks, and a huge rock was upon the mouth of the well. ב. וַיַּרְא וְהִנֵּה בְאֵר בַּשָּׂדֶה וְהִנֵּה שָׁם שְׁלשָׁה עֶדְרֵי צֹאן רֹבְצִים עָלֶיהָ כִּי מִן הַבְּאֵר הַהִוא יַשְׁקוּ הָעֲדָרִים וְהָאֶבֶן גְּדֹלָה עַל פִּי הַבְּאֵר:
they would water the flocks: The shepherds would water the flocks. The verse is elliptical.
ישקו העדרים: משקים הרועים את העדרים, והמקרא דבר בלשון קצרה:
3. And all the flocks would gather there, and they would roll the rock off the mouth of the well and water the sheep, and [then] they would return the rock onto the mouth of the well, to its place. ג. וְנֶאֶסְפוּ שָׁמָּה כָל הָעֲדָרִים וְגָלֲלוּ אֶת הָאֶבֶן מֵעַל פִּי הַבְּאֵר וְהִשְׁקוּ אֶת הַצֹּאן וְהֵשִׁיבוּ אֶת הָאֶבֶן עַל פִּי הַבְּאֵר לִמְקֹמָהּ:
would gather there: They were accustomed to gather because the rock was huge.
ונאספו: רגילים היו להאסף לפי שהיתה האבן גדולה:
and they would roll: Heb. וְגָלְלוּ [like] וְגוֹלְלִין. The Targum renders: וּמְגַנְדְרִין, and they would roll. Every present tense [i.e. every verb expressing continuous action] changes to speak [sometimes] in the future tense and [sometimes] in the past tense, because everything that occurs constantly has already transpired and is destined to transpire [again].
וגללו: וגוללין ותרגומו ומגנדרין, כל לשון הווה משתנה לדבר בלשון עתיד ובלשון עבר לפי שכל דבר ההוה תמיד כבר היה ועתיד להיות:
and [then] they would return: Heb. וְהֵשִׁיבוּ, which the Targum renders: וּמְתִיבִין, and they would return.
והשיבו: תרגומו ומתיבין:
4. And Jacob said to them, "My brothers, where are you from?" And they said, "We are from Haran." ד. וַיֹּאמֶר לָהֶם יַעֲקֹב אַחַי מֵאַיִן אַתֶּם וַיֹּאמְרוּ מֵחָרָן אֲנָחְנוּ:
5. And he said to them, "Do you know Laban the son of Nahor?" And they said, "We know [him]." ה. וַיֹּאמֶר לָהֶם הַיְדַעְתֶּם אֶת לָבָן בֶּן נָחוֹר וַיֹּאמְרוּ יָדָעְנוּ:
6. And he said to them, "[Are things going] well with him?" And they said, "[Things are going] well, and behold, his daughter Rachel is coming with the sheep." ו. וַיֹּאמֶר לָהֶם הֲשָׁלוֹם לוֹ וַיֹּאמְרוּ שָׁלוֹם וְהִנֵּה רָחֵל בִּתּוֹ בָּאָה עִם הַצֹּאן:
is coming with the sheep: Heb. בָּאָה. The accent is on the“aleph,” and the Targum renders אַתְיָא. [In verse 9,]“and Rachel came בָּאָה,” the accent is on the first syllable, on the “beth,” and the Targum renders. The former is in the present tense, whereas the latter is in the past tense.
באה עם הצאן: הטעם באל"ף, ותרגומו אתיא. (פסוק ט) ורחל באה, הטעם למעלה בבי"ת ותרגומו אתת. הראשון לשון עושה, והשני לשון עשתה:
7. And he said, "The day is yet long; it is not the time to take in the livestock. Water the sheep and go, pasture." ז. וַיֹּאמֶר הֵן עוֹד הַיּוֹם גָּדוֹל לֹא עֵת הֵאָסֵף הַמִּקְנֶה הַשְׁקוּ הַצֹּאן וּלְכוּ רְעוּ:
The day is yet long: Since he saw them lying down, he thought that they wished to gather the livestock to return home and that they would no longer graze. So he said to them,“The day is yet long,” i.e., if you have been hired for the day, you have not completed the day’s work, and if the animals are yours, it is, nevertheless, not the time to take in the livestock, etc. (Gen. Rabbah 70:11).
הן עוד היום גדול: לפי שראה אותם רובצים, כסבור שרוצים לאסוף המקנה הביתה ולא ירעו עוד, אמר להם הן עוד היום גדול, כלומר אם שכירים אתם לא שלמתם פעולת היום, ואם הבהמות שלכם אף על פי כן לא עת האסף המקנה וגו':
8. And they said, "We cannot [do that], until all the flocks are gathered together, and they will roll the rock off the mouth of the well, and we shall [then] water the sheep." ח. וַיֹּאמְרוּ לֹא נוּכַל עַד אֲשֶׁר יֵאָסְפוּ כָּל הָעֲדָרִים וְגָלֲלוּ אֶת הָאֶבֶן מֵעַל פִּי הַבְּאֵר וְהִשְׁקִינוּ הַצֹּאן:
We cannot: water [them] because the stone is huge.
לא נוכל: להשקות, לפי שהאבן גדולה:
and they will roll: Heb. וְגָלְלוּ. This is translated וִיגַנְדְרוּן, and they will roll, because it is the future tense.
וגללו: זה מתורגם ויגנדרון, לפי שהוא לשון עתיד:
9. While he was still talking with them, Rachel came with her father's sheep, for she was a shepherdess. ט. עוֹדֶנּוּ מְדַבֵּר עִמָּם וְרָחֵל | בָּאָה עִם הַצֹּאן אֲשֶׁר לְאָבִיהָ כִּי רֹעָה הִוא:
10. And it came to pass, when Jacob saw Rachel, the daughter of Laban, his mother's brother and the sheep of Laban, his mother's brother, that Jacob drew near and rolled the rock off the mouth of the well, and he watered the sheep of Laban, his mother's brother. י. וַיְהִי כַּאֲשֶׁר רָאָה יַעֲקֹב אֶת רָחֵל בַּת לָבָן אֲחִי אִמּוֹ וְאֶת צֹאן לָבָן אֲחִי אִמּוֹ וַיִּגַּשׁ יַעֲקֹב וַיָּגֶל אֶת הָאֶבֶן מֵעַל פִּי הַבְּאֵר וַיַּשְׁקְ אֶת צֹאן לָבָן אֲחִי אִמּוֹ:
that Jacob drew near and rolled: As one who removes the stopper from a bottle, to let you know that he possessed great strength (Gen. Rabbah 70:12).
ויגש יעקב ויגל: כזה שמעביר את הפקק מעל פי צלוחית, להודיעך שכחו גדול:
11. And Jacob kissed Rachel, and he raised his voice and wept. יא. וַיִּשַּׁק יַעֲקֹב לְרָחֵל וַיִּשָּׂא אֶת קֹלוֹ וַיֵּבְךְּ:
and wept: Since he foresaw with the holy spirit that she (Rachel) would not enter the grave with him. Another explanation: Since he came empty-handed, he said, “Eliezer, my grandfather’s servant, had nose rings, and bracelets and sweet fruits in his possession, and I am coming with nothing in my hands. [He had nothing] because Eliphaz the son of Esau had pursued him to kill him at his father’s orders; he (Eliphaz) overtook him, but since he had grown up in Isaac’s lap, he held back his hand. He said to him (Jacob), ”What shall I do about my father’s orders?“ Jacob replied,”Take what I have, for a poor man is counted as dead." - [from Bereishit Rabbathi by Rabbi Moshe Hadarshan]
ויבך: לפי שצפה ברוח הקודש שאינה נכנסת עמו לקבורה. דבר אחר לפי שבא בידים ריקניות, אמר אליעזר עבד אבי אבא היו בידיו נזמים וצמידים ומגדנות, ואני אין בידי כלום. לפי שרדף אליפז בן עשו במצות אביו אחריו להורגו והשיגו, ולפי שגדל אליפז בחיקו של יצחק משך ידו. אמר לו מה אעשה לציווי של אבא, אמר לו יעקב טול מה שבידי, והעני חשוב כמת:
12. And Jacob told Rachel that he was her father's kinsman and that he was Rebecca's son, and she ran and told her father. יב. וַיַּגֵּד יַעֲקֹב לְרָחֵל כִּי אֲחִי אָבִיהָ הוּא וְכִי בֶן רִבְקָה הוּא וַתָּרָץ וַתַּגֵּד לְאָבִיהָ:
that he was her father’s kinsman: Heb. אִחִי אָבִיהָ, lit., her father’s brother. Related to her father, as (above 13:8):“we are kinsmen (אַחִים)” (Pirkei d’Rabbi Eliezer , ch. 36). Its midrashic interpretation is: If he (Laban) comes to deceive me, I, too, am his brother in deception, and if he is an honest man, I, too, am the son of his honest sister Rebecca. [from Gen. Rabbah 70:13]
כי אחי אביה הוא: קרוב לאביה, כמו (לעיל יג ח) אנשים אחים אנחנו. ומדרשו אם לרמאות הוא בא גם אני אחיו ברמאות, ואם אדם כשר הוא, גם אני בן רבקה אחותו הכשרה:
and told her father: Since her mother was dead, she had no one to tell but him.[from Gen. Rabbah 70:13]
ותגד לאביה: לפי שאמה מתה לא היה לה להגיד אלא לו:
13. Now it came to pass when Laban heard the report of Jacob, his sister's son, that he ran towards him, and he embraced him, and he kissed him, and he brought him into his house. He told Laban all these happenings. יג. וַיְהִי כִשְׁמֹעַ לָבָן אֶת שֵׁמַע | יַעֲקֹב בֶּן אֲחֹתוֹ וַיָּרָץ לִקְרָאתוֹ וַיְחַבֶּק לוֹ וַיְנַשֶּׁק לוֹ וַיְבִיאֵהוּ אֶל בֵּיתוֹ וַיְסַפֵּר לְלָבָן אֵת כָּל הַדְּבָרִים הָאֵלֶּה:
that he ran towards him: He thought that he (Jacob) was laden with money, for the servant of the household (Eliezer) had come here with ten laden camels.[from Gen. Rabbah 70:13]
וירץ לקראתו: כסבור ממון הוא טעון, שהרי עבד הבית בא לכאן בעשרה גמלים טעונים:
and he embraced: When he (Laban) did not see anything with him (Jacob), he said, “Perhaps he has brought golden coins, and they are in his bosom.” [from Gen. Rabbah 70:13]
ויחבק: כשלא ראה עמו כלום אמר שמא זהובים הביא והנם בחיקו:
and he kissed him: He said,“Perhaps he has brought pearls, and they are in his mouth.” [from Gen. Rabbah 70:13]
וינשק לו: אמר שמא מרגליות הביא והם בפיו:
He told Laban: that he had come only because he was compelled to do so because of his brother (Esau), and that they had taken his money from him. — [from Gen. Rabbah 70:13]
ויספר ללבן: שלא בא אלא מתוך אונס אחיו, ושנטלו ממונו ממנו:
14. And Laban said to him, "Indeed, you are my bone and my flesh." And so he stayed with him a full month. יד. וַיֹּאמֶר לוֹ לָבָן אַךְ עַצְמִי וּבְשָׂרִי אָתָּה וַיֵּשֶׁב עִמּוֹ חֹדֶשׁ יָמִים:
Indeed, you are my bone and my flesh: “In view of this, I have no reason to take you into the house, because you have nothing. Because of kinship, however, I will put up with you for a month’s time.” And so he did, but this too was not gratis, for he (Jacob) pastured his sheep. — [from Gen. Rabbah 70:14]
אך עצמי ובשרי: מעתה אין לי לאספך הביתה הואיל ואין בידך כלום, אלא מפני קורבה אטפל בך חדש ימים, וכן עשה ואף זו לא לחנם שהיה רועה צאנו:
15. And Laban said to Jacob, "Because you are my kinsman, should you work for me gratis? Tell me what your wages shall be." טו. וַיֹּאמֶר לָבָן לְיַעֲקֹב הֲכִי אָחִי אַתָּה וַעֲבַדְתַּנִי חִנָּם הַגִּידָה לִּי מַה מַּשְׂכֻּרְתֶּךָ:
Because you are my kinsman: Heb. הִכִי, an interrogative expression: Because you are my kinsman, should you work for me gratis?- [from Targum Onkelos]
הכי אחי אתה: לשון תימה, וכי בשביל שאחי אתה תעבדני חנם:
should you work for me: Heb. וַעִבַדְתַּנִי like וְתַעַבְדֵנִי, and likewise, any word that is in the past tense, [Scripture] prefixes to it a “vav,” which converts the word to the future tense.
ועבדתני: כמו ותעבדני, וכן כל תיבה שהיא לשון עבר הוסיף וי"ו בראשה היא הופכת התיבה להבא:
16. Now Laban had two daughters; the name of the elder was Leah, and the name of the younger was Rachel. טז. וּלְלָבָן שְׁתֵּי בָנוֹת שֵׁם הַגְּדֹלָה לֵאָה וְשֵׁם הַקְּטַנָּה רָחֵל:
17. Leah's eyes were tender, but Rachel had beautiful features and a beautiful complexion. יז. וְעֵינֵי לֵאָה רַכּוֹת וְרָחֵל הָיְתָה יְפַת תֹּאַר וִיפַת מַרְאֶה:
tender: Because she expected to fall into Esau’s lot, and she wept, because everyone was saying,“Rebecca has two sons, and Laban has two daughters. The older [daughter] for the older [son], and the younger [daughter] for the younger [son]” (B.B. 123a).
ועיני לאה רכות: שהיתה סבורה לעלות בגורלו של עשו ובוכה שהיו הכל אומרים שני בנים לרבקה ושתי בנות ללבן, הגדולה לגדול והקטנה לקטן:
features: Heb. תֹּאַר. That is the form of the countenance, an expression similar to (Isa. 44: 13)“he fixes it (יְתָאִרֵהוּ) with planes (בַשֶׂרֶד) ,” conpas in Old French, outline, shape.
תאר: הוא צורת הפרצוף לשון (ישעיה מד יג) יתארהו בשרד, קונפ"ס בלע"ז [מחוגה]:
complexion: That is the shine of the countenance.
מראה: הוא זיו קלסתר:
___________________________
Daily Tehillim: Psalms Chapters 10 - 17
• Chapter 10
This psalm tells of the wicked one’s prosperity and his boasting of it, until he says: “There is neither law nor judge. God pays no attention to the actions of mere mortals.”
1. Why, O Lord, do You stand afar, do You hide Yourself in times of distress?
2. The wicked man in his arrogance pursues the poor; they are caught by the schemes they have contrived.
3. For the wicked man glories in the desire of his heart, and the robber boasts that he has scorned the Lord.
4. The wicked one in his insolence [thinks], “He does not avenge”; all his thoughts are, “There is no God.”
5. His ways always succeed; Your retribution is far removed from before him; he puffs at all his foes.
6. He says in his heart, “I shall not falter; for all generations no evil will befall me.”
7. His mouth is full of oaths, deceit and malice; mischief and iniquity are under his tongue.
8. He sits in ambush near open cities; in hidden places he murders the innocent; his eyes stealthily watch for the helpless.
9. He lurks in hiding like a lion in his lair; he lurks to seize the poor, then seizes the poor when he draws his net.
10. He crouches and stoops, then the helpless fall prey to his might.
11. He says in his heart, “God has forgotten, He conceals His countenance, He will never see.”
12. Arise, O Lord! O God, lift Your hand! Do not forget the lowly.
13. Why does the wicked man scorn God? Because he says in his heart, “You do not avenge.”
14. Indeed, You do see! For You behold the mischief and vexation. To recompense is in Your power; the helpless place their trust in You; You have [always] helped the orphan.
15. Break the strength of the wicked; then search for the wickedness of the evil one and You will not find it.
16. The Lord reigns for all eternity; the nations have vanished from His land.
17. Lord, You have heard the desire of the humble; direct their hearts, let Your ear listen,
18. to bring justice to the orphan and the downtrodden, so that [the wicked] shall no longer crush the frail of the earth.
Chapter 11
This psalm declares that the suffering of the righteous one is for his own benefit, to cleanse him of his sins; whereas the wicked one is granted prosperity in this world-similar to the verse, "Wealth remains with its owner, to his detriment."
1. For the Conductor, by David. I have placed my trust in the Lord; [thus] how can you say of my soul, your mountain,1 that it flees like a bird?2
2. For behold, the wicked bend the bow, they have readied their arrow upon the bowstring, to shoot in darkness at the upright of heart.
3. They destroyed the foundations; 3 what [wrong] has the righteous man done?
4. The Lord is in His holy Sanctuary, the Lord's throne is in heaven, [yet] His eyes behold, His pupils probe [the deeds of] mankind.
5. The Lord tests the righteous, but He hates the wicked and the lover of violence.
6. He will rain down upon the wicked fiery coals and brimstone; a scorching wind will be their allotted portion.
7. For the Lord is righteous, He loves [the man of] righteous deeds; the upright will behold His countenance.
Chapter 12
This psalm admonishes informers, slanderers, and flatterers.
1. For the Conductor, upon the eight-stringed instrument, a psalm by David.
2. Help us, Lord, for the pious are no more; for the faithful have vanished from among men.
3. Men speak falsehood to one another; with flattering lips, with a duplicitous heart do they speak.
4. May the Lord cut off all flattering lips, the tongue that speaks boastfully-
5. those who have said, "With our tongues we shall prevail, our lips are with us, who is master over us!”
6. Because of the plundering of the poor, because of the moaning of the needy, the Lord says, "Now I will arise!" "I will grant deliverance," He says to him.
7. The words of the Lord are pure words, like silver refined in the finest earthen crucible, purified seven times.
8. May You, O Lord, watch over them; may You forever guard them from this generation,
9. [in which] the wicked walk on every side; when they are exalted it is a disgrace to mankind.
Chapter 13
A prayer for an end to the long exile. One in distress should offer this prayer for his troubles and for the length of the exile.
1. For the Conductor, a psalm by David.
2. How long, O Lord, will You forget me, forever? How long will You hide Your countenance from me?
3. How long must I seek counsel within my soul, [to escape] the grief in my heart all day? How long will my enemy be exalted over me?
4. Look! Answer me, O Lord, my God; give light to my eyes, lest I sleep the sleep of death.
5. Lest my enemy say, "I have overcome him," [and] my oppressors rejoice when I falter.
6. I have placed my trust in Your kindness, my heart will rejoice in Your deliverance. I will sing to the Lord, for He has dealt kindly with me.
Chapter 14
This psalm speaks of the destruction of the two Holy Temples-the first by Nebuchadnezzar, and the second by Titus.
1. For the Conductor, by David. The fool says in his heart, "There is no God!" [Man's] deeds have become corrupt and abominable, no one does good.
2. The Lord looked down from heaven upon mankind, to see if there was any wise man who searches for God.
3. They have all gone astray together, they have become corrupt; there is none who does good, not even one.
4. Indeed, all the evildoers, who devour My people as they devour bread, who do not call upon the Lord, will [ultimately] come to know [the consequences of their actions].
5. There they will be seized with fright, for God is with the righteous generation.
6. You scorn the counsel of the lowly, that he puts his trust in the Lord.
7. O that out of Zion would come Israel's deliverance! When the Lord returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 15
This psalm speaks of several virtues and attributes with which one should conduct oneself. He is then assured that his soul will rest in Gan Eden.
1. A psalm by David. Who may abide in Your tent, O Lord? Who may dwell on Your holy Mountain?
2. He who walks blamelessly, acts justly, and speaks truth in his heart;
3. who has no slander on his tongue, who has done his fellowman no evil, and who has brought no disgrace upon his relative;
4. in whose eyes a despicable person is abhorrent, but who honors those who are God-fearing; who does not change his oath even if it is to his own detriment;
5. who does not lend his money at interest, nor accept a bribe against the innocent. He who does these things shall never falter.
Chapter 16
When one is in need, he should not implore God in his own merit, for he must leave his merits for his children.
1. A michtam,1 by David. Watch over me, O God, for I have put my trust in You.
2. You, [my soul,] have said to God, "You are my Master; You are not obligated to benefit me.”
3. For the sake of the holy ones who lie in the earth, and for the mighty-all my desires are fulfilled in their merit.
4. Those who hasten after other [gods], their sorrows shall increase; I will not offer their libations of blood, nor take their names upon my lips.
5. The Lord is my allotted portion and my share; You guide my destiny.
6. Portions have fallen to me in pleasant places; indeed, a beautiful inheritance is mine.
7. I bless the Lord Who has advised me; even in the nights my intellect admonishes me.2
8. I have set the Lord before me at all times; because He is at my right hand, I shall not falter.
9. Therefore my heart rejoices and my soul exults; my flesh, too, rests secure.
10. For You will not abandon my soul to the grave, You will not allow Your pious one to see purgatory.
11. Make known to me the path of life, that I may be satiated with the joy of Your presence, with the bliss of Your right hand forever.
Chapter 17
A loftily person should not ask God to test him with some sinful matter, or other things. If one has sinned, he should see to reform himself, and to save many others from sin.
1. A prayer by David. Hear my sincere [plea], O Lord; listen to my cry; give ear to my prayer, expressed by guileless lips.
2. Let my verdict come forth from before You; let Your eyes behold uprightness.
3. You have probed my heart, examined it in the night, tested me and found nothing; no evil thought crossed my mind; as are my words so are my thoughts.
4. So that [my] human deeds conform with the words of Your lips, I guard myself from the paths of the lawbreakers.
5. Support my steps in Your paths, so that my feet shall not falter.
6. I have called upon You, for You, O Lord, will answer me; incline Your ear to me, hear what I say.
7. Withhold Your kindness-O You who delivers with Your right hand those who put their trust in You-from those who rise up against [You].
8. Guard me like the apple of the eye; hide me in the shadow of Your wings
9. from the wicked who despoil me, [from] my mortal enemies who surround me.
10. Their fat has closed [their hearts]; their mouths speak arrogantly.
11. They encircle our footsteps; they set their eyes to make us stray from the earth.
12. His appearance is like a lion longing to devour, like a young lion lurking in hiding.
13. Arise, O Lord! Confront him, bring him to his knees; rescue my soul from the wicked [who serves as] Your sword.
14. Let me be among those whose death is by Your hand, O Lord, among those who die of old age, whose portion is eternal life and whose innards are filled with Your concealed goodness; who are sated with sons and leave their abundance to their offspring.
15. Because of my righteousness, I shall behold Your countenance; in the time of resurrection, I will be sated by Your image.
____________________________
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
Monday, 2 Kislev, 5775 5775 • 24 November 2014
Kuntres Acharon, middle of Essay 4
והנה במקום אחר כתב שרמ״ח מצות עשה הן בה׳ חסדים
Now, in one source1 it is written2 that the 248 positive commandments are [rooted] in the Five Attributes of Kindness of Za of Atzilut, for every positive command serves as a vessel to receive an expression of the kindly attributes and a calling forth of Divinity,
ושס״ה לא תעשה בה׳ גבורות וכו׳
and the 365 prohibitions are [rooted] in the Five Attributes of Severity of Za of Atzilut.
The Gevurot (the attributes of severity) reflect a Divine thrust to self-contraction and limitation. The prohibitory commands thus derive from them, since the intent of these commands is to withhold the efflux of holiness from kelipot.
ובמקום אחר כתב שהן תרי״ג ארחין נמשכין מחד ארחא כו׳
Elsewhere it is written3 that there are 613 paths (i.e., the 613 mitzvot) that derive from one path...,
שהוא לבנונית וכו׳
which is the Lavnunit..., the benevolent pristine “whiteness” of the Supernal Keter.
This level includes no element of severity at all. As the Zohar states there, “There is no ‘left’ in Atik” — i.e., there is no element of Gevurah in the internal level of Keter; there is only Chesed.
We thus seem to have a compound contradiction: We have just stated here that the 248 positive commandments stem from the vessels of the Ten Sefirot of Za; the Zohar states that the 248 positive commandments stem from the Five Chasadim (attributes of kindness) of Za while the 365 prohibitory commandments stem from the Five Gevurot (attributes of severity) of Za; and the Zohar states elsewhere that the commandments derive from the Lavnunit of the Supernal Keter, where attributes of severity do not exist at all.
אך הענין, שכל המצות לתקן רמ״ח אברי ז״א, על ידי המשכת אור אין סוף ברוך הוא במוחין, הכלולין בה׳ חסדים וה׳ גבורות
The explanation is: All the mitzvot are designed to rectify the 248 organs of Za, by drawing the [infinite] Ein Sof-light into the [Divine] Intellect as incorporated within the Five Attributes of Kindness and Five Attributes of Severity. (In mortal man, too, by way of analogy, one’s intellectual decisions are commonly swayed by a natural leaning to kindness or severity.)
Since the purpose of mitzvot is to “repair” the 248 organs of Za, it is true to say that mitzvot are rooted in the vessels of the Sefirot that constitute Za. Since the repair is accomplished through drawing the infinite light into the Divine Intellect that is housed in the Five Attributes of Kindness and the Five Attributes of Severity, it is also sometimes said that the mitzvot themselves are rooted in the Five Attributes of Kindness and the Five Attributes of Severity.
ומקור המוחין הוא לבנונית כו׳
The source of the [Divine] Intellect is the Lavnunit [of Keter],
הוא הענג וחפץ העליון להמשיך אור למטה, לרמ״ח אברין דז״א
which is the supreme delight and desire to draw the light below into the 248 organs of Za, for relative to Keter, Za is deemed “below”.
Thus the Zohar also says elsewhere that the commandments are rooted in the level of Supernal Keter called Lavnunit, where there are no attributes of severity whatever, for this is the source of mitzvot as they exist in the supreme delight and desire of Keter.
ומתחלקת ההמשכה לתרי״ג המשכות פרטיות, לפי בחינת ערך המצות
The light drawn forth divides into 613 individual streams according to the respective levels of the mitzvot.
כגון בצדקה וגמילות חסדים, נמשך אור אין סוף ברוך הוא לחיצוניות הכלי דחסד דז״א
For instance, through charity and kindly deeds the [infinite] Ein Sof-light is drawn into the external aspect of the vessel of the Attribute of Kindness of Za,
Since “Chesed is of the right side” of Za, a kindly act of charity in this world below draws down the infinite light into the corresponding “right side” above — into the Attribute of Kindness of Za. Just as this “arousal from below” sprang from kindness, so too the reciprocal “arousal from above” comes as a direct and similar response, drawing down the infinite light into the Chesed of Za.
ובקיום הדינין, בחיצוניות גבורה ברחמים כו׳
while through observing mitzvot that are in the order of severity, [the infinite light is drawn] into the external aspect of Severity [of Za], with mercy....
ודרך ומעבר ההמשכה הוא על ידי פנימיות הכלים ומוחותיהן
The path and passage of the issuing light that is drawn into the external vessels of Za is through the internal aspect of the vessels and their Intellects,
שהן דחילו ורחימו שכליים או טבעיים
which are, in terms of a Jew’s service, awe and love, either intellectually generated or innate. (Whereas the former is an expression of intellect, the latter is an expression of the spiritual emotions.)
שהן בחינת מוחין דקטנות וגדלות
These [attributes] correspond, in terms of the Supernal Sefirot, to the “major” or “minor” [Divine] Intellect.
The “minor [Divine] Intellect” corresponds to man’s innate love and fear of G‑d, while the “major [Divine] Intellect” corresponds to the love and fear of G‑d that are born of meditation.
ולזה ביקש משה רבינו עליו השלום מאד, לקיים המצות מעשיות התלויות בארץ
This is the reason for Moses’ fervent plea to fulfill the active mitzvot that are contingent on the Land,4 i.e., that can be fulfilled only in the Holy Land.
שהן תכלית ההשתלשלות
For these [practical mitzvot] are the ultimate purpose of the Hishtalshelut, the chainlike stages of progressive self-screening whereby the Divine light descends from level to level until ultimately this corporeal world is created —
להמשיך אור אין סוף ברוך הוא, לברר הכלים דז״א דבריאה יצירה עשיה, דבהן הן הרפ״ח ניצוצין
to call forth the [infinite] Ein Sof-light, in order to refine the vessels of Za of Beriah, Yetzirah and Asiyah, in which are located the 288 sparks.
על ידי תורה ומצות מעשיות שבבריאה יצירה עשיה דוקא
[And this purification is effected] exclusively through Torah study and mitzvot requiring action, in Beriah, Yetzirah and Asiyah.
Since this is the purpose of all of creation, and the mitzvot can be fully performed only in the Holy Land, Moses fervently desired to enter it so that he would be able to perform them in the most complete manner possible.
From all the above we understand why the extraction and refinement of sparks is primarily accomplished through prayer, even though the study of Torah is loftier than prayer. For prayer involves the elevation of the sparks of Tohu to their most supreme source there, and from there even higher to the Ein Sof.
As the Alter Rebbe will soon explain, this is so specifically in contemporary times because the loftier souls of earlier generations could accomplish this speedily, merely by reciting the Shema with its introductory blessings and selections from the Verses of Praise. In our days, however, when such lofty souls are not to be found, the task of beirur must come about through prayer.
* * *
FOOTNOTES
1. Note of the Rebbe: “See Or HaTorah by the Tzemach Tzedek on Bereishit, Vol. III, p. 471, et al.”
2. See Etz Chayim, Shaar Kitzur ABiYA, ch. 4.
3. Note of the Rebbe: “Zohar III, 129a.”
4. Sotah 14a.
____________________________
Rambam:
Daily Mitzvah N280, P177, N276, N274 Sefer Hamitzvot
Today's Mitzvah
Monday, 2 Kislev, 5775 5775 • 24 November 2014
Daily Mitzvah N280, P177, N276, N274 Sefer Hamitzvot
Today's Mitzvah
Monday, 2 Kislev, 5775 5775 • 24 November 2014
Negative Commandment 280
Perverting Justice against a Convert or Orphan
"You shall not pervert the judgment of the stranger or the orphan"—Deuteronomy 24:17.
A judge is forbidden to unlawfully rule against a convert or orphan [taking advantage of their powerlessness].
Though it is forbidden to pervert justice no matter the identity of the defendant, a judge who does so in that case of a convert or orphan, transgresses also this additional prohibition.
Perverting Justice against a Convert or Orphan
Negative Commandment 280
Translated by Berel Bell
The 280th prohibition is that a judge is forbidden from tilting the judgment against converts and orphans.
The source of this prohibition is G‑d's statement,1 "Do not pervert justice against the convert or orphan."
Therefore, for judging any Jew unjustly, one transgresses the prohibition, i.e. "Do not pervert justice."2 For judging a convert unjustly, one transgresses two prohibitions.
The Sifri3 says, "The verse, 'Do not pervert justice against the convert,' teaches that one who judges a convert unjustly transgresses two prohibitions. And if the person was both a convert and an orphan, one transgresses three4 prohibitions."
FOOTNOTES
1.Deut. 24:17.
2.Lev. 19:15. N273 above.
3.Parshas Ki Seitzei.
4.See Radvaz, quoted in Kapach, 5731, footnote 84, regarding why the three don't count separately among the 613.
________________________________________
Positive Commandment 177
Equal Treatment for Litigants
"With righteousness, judge your neighbor"—Leviticus 19:15.
The judge presiding over a case must treat both litigants equally, giving each the opportunity to speak whatever is on his mind—whether he speaks briefly or at length.
Also included in this mitzvah is the obligation on a qualified judge who is versed in Torah's legal code to issue a verdict. This obligation takes effect as soon as the two litigants present their arguments before him.
And also included in this mitzvah is that every individual is commanded to give his fellow the benefit of the doubt, and, when circumstances allow, to interpret his fellow's actions or words in a favorable light.
Equal Treatment for Litigants
Positive Commandment 177
Translated by Berel Bell
The 177th mitzvah is that judges are commanded to treat both litigants equally. Both must be allowed [to speak], whether it takes a long time or a short time.
The source of this commandment is G‑d's statement,1 "Judge your people fairly."
The Sifra2 explains, "He should not allow one to speak as long as he needs and then tell the other, 'Speak for a short time.' " This is one of the laws included in this commandment.
It also includes the law that if one is qualified to judge, and the litigants have begun to present their case, one is required to complete hearing the case. Our Sages explicitly said,3 "One is required by the Torah to act as a judge, as the verse says, 'Judge your people fairly.' "
This mitzvah also includes the law4 that one is required to judge other people favorably, and to explain their words and actions only in a good and kind way.
The details of this mitzvah are explained in a number of passages in the Talmud.
FOOTNOTES
1.Lev. 19:15.
2.Kedoshim 4:4.
3.Sanhedrin 3a. See Kapach, 5731, footnote 98, that this passage of Sefer HaMitzvos answers the questions of the Kesef Mishneh and Maggid Mishneh, Hilchos Sanhedrin 2:10.
4.Sifra, Lev. 19:15.
________________________________________
Negative Commandment 276
Fearless Justice
"You shall not be afraid before any man"—Deuteronomy 1:17.
A judge may not fear an evil and dangerous individual, ruling in his favor because he's concerned that he may exact revenge against him. As the Midrash says, "Perhaps you will see, 'I fear that individual for perhaps he will kill my son, set my barn afire, or destroy my crops'—therefore the Torah says, 'You shall not be afraid before any man!'"
Fearless Justice
Negative Commandment 276
Translated by Berel Bell
The 276th prohibition is that a judge is forbidden from fearing a vicious, evil, uncontrolled person to the extent of not ruling against him in judgment. He must give a just decision without being concerned with any damage the person might cause him.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not fear any man."
The Sifri2 says, " 'Do not fear any man.' One might say, 'I am afraid of this person: perhaps he will murder my son, or set my grain on fire, or destroy my crops.' The Torah therefore says, 'Do not fear any man.' "
FOOTNOTES
1.Deut. 1:17.
2.See Sifri, on above verse.
Bribery
"And you shall take no bribe"—Exodus 23:8.
A judge may not accept a gift from any of the parties in a case—even if the gift is given on condition that he rules justly [i.e., the party presenting the gift clearly states that it does not expect – or want – to be favored in any way].
Bribery
Negative Commandment 274
Translated by Berel Bell
The 274th prohibition is that a judge is forbidden from taking a bribe from a litigant, even to give an honest judgment.
The source of this prohibition is G‑d's statement,1 "Do not accept bribery." This prohibition is repeated.2
The Sifri3 says, "The prohibition, 'Do not accept bribery,' applies even to declare that innocent people are innocent and that guilty people are guilty."
The details of this mitzvah are explained in a number of passages in tractate Sanhedrin.
FOOTNOTES
1.Ex. 23:8.
2.Deut. 16:19.
3.Parshas Shoftim, ibid.
Perverting Justice against a Convert or Orphan
"You shall not pervert the judgment of the stranger or the orphan"—Deuteronomy 24:17.
A judge is forbidden to unlawfully rule against a convert or orphan [taking advantage of their powerlessness].
Though it is forbidden to pervert justice no matter the identity of the defendant, a judge who does so in that case of a convert or orphan, transgresses also this additional prohibition.
Perverting Justice against a Convert or Orphan
Negative Commandment 280
Translated by Berel Bell
The 280th prohibition is that a judge is forbidden from tilting the judgment against converts and orphans.
The source of this prohibition is G‑d's statement,1 "Do not pervert justice against the convert or orphan."
Therefore, for judging any Jew unjustly, one transgresses the prohibition, i.e. "Do not pervert justice."2 For judging a convert unjustly, one transgresses two prohibitions.
The Sifri3 says, "The verse, 'Do not pervert justice against the convert,' teaches that one who judges a convert unjustly transgresses two prohibitions. And if the person was both a convert and an orphan, one transgresses three4 prohibitions."
FOOTNOTES
1.Deut. 24:17.
2.Lev. 19:15. N273 above.
3.Parshas Ki Seitzei.
4.See Radvaz, quoted in Kapach, 5731, footnote 84, regarding why the three don't count separately among the 613.
________________________________________
Positive Commandment 177
Equal Treatment for Litigants
"With righteousness, judge your neighbor"—Leviticus 19:15.
The judge presiding over a case must treat both litigants equally, giving each the opportunity to speak whatever is on his mind—whether he speaks briefly or at length.
Also included in this mitzvah is the obligation on a qualified judge who is versed in Torah's legal code to issue a verdict. This obligation takes effect as soon as the two litigants present their arguments before him.
And also included in this mitzvah is that every individual is commanded to give his fellow the benefit of the doubt, and, when circumstances allow, to interpret his fellow's actions or words in a favorable light.
Equal Treatment for Litigants
Positive Commandment 177
Translated by Berel Bell
The 177th mitzvah is that judges are commanded to treat both litigants equally. Both must be allowed [to speak], whether it takes a long time or a short time.
The source of this commandment is G‑d's statement,1 "Judge your people fairly."
The Sifra2 explains, "He should not allow one to speak as long as he needs and then tell the other, 'Speak for a short time.' " This is one of the laws included in this commandment.
It also includes the law that if one is qualified to judge, and the litigants have begun to present their case, one is required to complete hearing the case. Our Sages explicitly said,3 "One is required by the Torah to act as a judge, as the verse says, 'Judge your people fairly.' "
This mitzvah also includes the law4 that one is required to judge other people favorably, and to explain their words and actions only in a good and kind way.
The details of this mitzvah are explained in a number of passages in the Talmud.
FOOTNOTES
1.Lev. 19:15.
2.Kedoshim 4:4.
3.Sanhedrin 3a. See Kapach, 5731, footnote 98, that this passage of Sefer HaMitzvos answers the questions of the Kesef Mishneh and Maggid Mishneh, Hilchos Sanhedrin 2:10.
4.Sifra, Lev. 19:15.
________________________________________
Negative Commandment 276
Fearless Justice
"You shall not be afraid before any man"—Deuteronomy 1:17.
A judge may not fear an evil and dangerous individual, ruling in his favor because he's concerned that he may exact revenge against him. As the Midrash says, "Perhaps you will see, 'I fear that individual for perhaps he will kill my son, set my barn afire, or destroy my crops'—therefore the Torah says, 'You shall not be afraid before any man!'"
Fearless Justice
Negative Commandment 276
Translated by Berel Bell
The 276th prohibition is that a judge is forbidden from fearing a vicious, evil, uncontrolled person to the extent of not ruling against him in judgment. He must give a just decision without being concerned with any damage the person might cause him.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not fear any man."
The Sifri2 says, " 'Do not fear any man.' One might say, 'I am afraid of this person: perhaps he will murder my son, or set my grain on fire, or destroy my crops.' The Torah therefore says, 'Do not fear any man.' "
FOOTNOTES
1.Deut. 1:17.
2.See Sifri, on above verse.
________________________________________
Negative Commandment 274Bribery
"And you shall take no bribe"—Exodus 23:8.
A judge may not accept a gift from any of the parties in a case—even if the gift is given on condition that he rules justly [i.e., the party presenting the gift clearly states that it does not expect – or want – to be favored in any way].
Bribery
Negative Commandment 274
Translated by Berel Bell
The 274th prohibition is that a judge is forbidden from taking a bribe from a litigant, even to give an honest judgment.
The source of this prohibition is G‑d's statement,1 "Do not accept bribery." This prohibition is repeated.2
The Sifri3 says, "The prohibition, 'Do not accept bribery,' applies even to declare that innocent people are innocent and that guilty people are guilty."
The details of this mitzvah are explained in a number of passages in tractate Sanhedrin.
FOOTNOTES
1.Ex. 23:8.
2.Deut. 16:19.
3.Parshas Shoftim, ibid.
________________________________________
Rambam:
• 1 Chapter a Day: Avel - Chapter 6Avel - Chapter 6
Halacha 1
According to Rabbinic Law, a mourner should observe some of the mourning practices for 30 days. Which source did our Sages use as a support for the concept of 30 days? Deuteronomy 21:13 states: "And she shall cry for her father and mother for a month." Implied is that a mourner will feel discomfort for a month.
Halacha 2
These are the practices forbidden to a mourner for the entire 30-day period. He is forbidden to cut his hair, to wear freshly ironed clothing, to marry, to enter a celebration of friends, and to go on a business trip to another city; five matters in all.
Halacha 3
What does the prohibition against cutting one's hair involve? Just as it is forbidden to cut any of the hair of one's body, to shave one's mustache, or to cut one's nails with a utensil through the seven days of mourning;66 so, too, he is forbidden throughout these 30 days.
To whom does the above apply? To a man. A woman, by contrast, is permitted to remove hair after seven days although a man must wait 30. For one's father or mother, a man is obligated to let his hair grow until it becomes noticeably long or until his colleagues rebuke him for not attending to his appearance.
Halacha 4
Similarly, a mourner is forbidden to wear new white clothes that have been ironed for 30 days. This applies to both a man and a woman. If they are colored and ironed, it is permitted. Similarly, if they are not new although they are white and ironed, it is permitted. There is no prohibition against wearing linen clothes that were ironed.
After 30 days, one may wear ironed clothes, even if one is in mourning for one's father or mother.
Halacha 5
What does the prohibition against marriage involve? It is forbidden to marry a woman throughout these 30 days. It is, however, permitted to consecrate her even on the day of the death of one's relative.
When a man's wife dies, if he already fulfilled the mitzvah of procreation, and he has someone to attend to him and he does not have young children, he may not remarry until three festivals pass. If, however, a person has not fulfilled the mitzvah of procreation, or fulfilled the mitzvah and has young children, or does not have someone to attend to him, he is permitted to consecrate and marry immediately. It is, however, forbidden for him to enter into relations with his wife until 30 days have passed. Similarly, a woman who was in mourning should not enter into relations until 30 days have passed.
Halacha 6
A friendly get-together which a person is obligated to requite immediately may be held immediately after the seven days of mourning. If, however, he is not obligated to requite such a gathering, he is forbidden to enter one until 30 days pass.
Halacha 7
When does the above apply? When one is mourning for other deceased persons. When mourning for one's father or mother, by contrast, under all circumstances, one is forbidden to enter a friendly gathering for twelve months.
Halacha 8
When mourning for all other deceased persons, one is permitted to go on a business trip immediately after 30 days pass. When mourning for one's father or mother, by contrast, one should not go until his colleagues rebuke him and tell him: "Come with us."
Halacha 9
When mourning for all other deceased persons, if one desires, one may reduce his business activities. If he does not desire, he need not reduce them. When mourning for one's father or mother, by contrast, one should reduce one's business activities.
Halacha 10
When a person is journeying from place to place, he should minimize his commercial activity if possible. If not, he should purchase the articles he needs for his journey and articles which are necessary to maintain his existence.
Halacha 11
When a person's husband, wife, father, or mother was crucified in a city, it is forbidden for him to dwell in that city until the flesh of the corpse decomposes. If it is a major metropolis like Antioch, one may dwell in the other portion of the city, where one's relatives are not crucified.
Halacha 12
Even a portion of the seventh day is considered as the entire day and is counted both as part of the seven days of acute mourning and the 30 days of mourning. Therefore it is permissible to launder, to wash, and to perform other activities on the seventh day. Similarly, even a portion of the thirtieth day is considered as the entire day and it is permitted to cut one's hair and iron one's clothes on that day.
Halacha 13
The following laws apply when one suffers several losses for which he is required to mourn one after the other. If his hair grows overly long, he may trim it with a razor, but not with scissors. He may wash his clothes in water, but not with soap or using sand. He may wash his entire body in cold water, but not in hot water.
Similarly, when one suffers repeated losses for which he must mourn after arriving from an overseas journey, being released from captivity or prison, being released from a ban of ostracism under which he had being placed, being absolved from a vow which he had taken, or emerging from a state of ritual impurity to one of purity, he may cut his hair in the midst of the period of mourning. The rationale is that one period of mourning followed the other and the people did not have the opportunity to care for themselves.
____________________________
Rambam:
• 3 Chapters a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 19, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 20, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 21
Sanhedrin veha`Onashin haMesurin lahem - Chapter 19
Halacha 1
There are a total of 21 negative commandments that are punishable by kerait, but which are not punishable by execution by the court, for which lashes are administered. They are:
i) a person who has relations with his sister;
ii) ...with his father's sister;
iii) ...with his mother's sister;
iv) ...with the sister of his wife;
v) ...with his brother's wife;
vi) ...with the wife of the brother of his father;
vii) ...with a woman in the niddah state;
viii) a person who eats forbidden fat;
ix) ...blood;
x) ...leaven on Passover;
xi) ...on Yom Kippur;
xii) a person who performs forbidden labor on Yom Kippur;
xii) a person who partakes of sacrificial meat after the designated time;
xiv) ...of sacrificial meat disqualified as piggul;
xv) ...of sacrificial meat while ritually impure;
xvi) a person who enters the Temple Courtyard while ritually impure;
xvii) a person who slaughters a consecrated animal outside the Temple;
xviii) a person who burns a consecrated animal as a sacrifice outside the Temple;
xix) a person who prepares the anointing oil for personal use;
xx) a person who anoints himself with the anointing oil for his own benefit
xi) a person who prepares the incense offering for his personal use;
Halacha 2
There are a total of 18 negative commandments that are punishable by death by the hand of heaven, whose transgression involve a deed, for which lashes are administered. They are:
i) a person other than a priest who partakes of primary terumah whether it was ritually pure or ritually impure;
ii) a person other than a priest who partakes of terumat ma'aser;
iii) a person other than a priest who partakes of the first fruits after they entered Jerusalem;
iv) a person other than a priest who partakes of challah;
v) a person who partakes of tevel before the primary terumah and terumat ma'aser were separated from it;
vi) a person who partakes of the product of dough from which challah was not separated;
vii) a priest who partakes of terumah that was ritually pure while he was in a state of ritual impurity;
viii) a priest who entered the Holy of Holies for a purpose other than sacrificial worship;
ix) a priest who departed from the Temple in the midst of the sacrificial worship;
x) a Levite who performed the service of the priests;
xi) a person other than a priest who performs service in the Temple;
xii) a person who does not wear all the priestly garments; he is considered as if he is not a priest and receives lashes if he serves in the Temple;
xiii) a priest who serves in the Temple while in a state of ritual impurity;
xiv) a person who was intoxicated from wine who served in the Temple;
xv) a person who immersed himself to emerge from a state of ritual impurity but must still wait until the end of the day to attain a state of purity who served in the Temple;
xvi) a priest who served in the Temple although he did not yet bring the required sacrifices to attain atonement;
xvii) a person who let his hair grow long who served in the Temple;
xviii) a person whose clothes are ripped who served in the Temple;
Halacha 3
When, however, a person serves in the Temple without sanctifying his hands and feet, although he is worthy of death, he does not receive lashes, because he has violated only a positive commandment. Similarly, the following three - a prophet who withheld his prophecy or transgressed his own prophecy and a person who violated the words of a prophet - although they all are worthy of death - they do not receive lashes. For their transgression stems from a positive commandment, as Deuteronomy 18:15 states: "And you shall listen to him." In all contexts, a prohibition that stems from a positive commandment has the status of a positive commandment and lashes are not administered because of it.
Halacha 4
13There are a total of 168 negative commandments that are neither punishable by kerait, nor by execution by the court, for which lashes are administered. They are:
i) a person who fashions an idol;
ii) a person who makes an image for artistic purposes;
iii) a person who turns to idolatry with any deed;
iv) a person who erects a monument;
v) a person who plants a tree in the Temple;
vi) a person who places down an engraved stone on which to prostrate oneself;
vii) a person who takes a vow in the name of a false divinity;
viii) a person who takes an oath in the name of a false divinitiy;
ix) a person who derives benefit from a false divinity;
x) a person who rebuilds a city destroyed because it was swayed to idolatry;
xi) a person who benefits from the property of such a city;
xii) a person who follows the statutes of the gentiles;
xiii) a diviner;
xiv) an augurer;
xv) a reader of omens;
xvi) a person who casts spells;
xvii) a necromancer;
xviii) a person who erases God's name, or the like, e.g., he destroys a stone from the altar or destroys wood consecrated to the Sanctuary;
xix) a person who extinguishes fire from the altar;
xx) a person who ascends the altar with steps;
xxi) a person who enters the Temple Courtyard with impure garments;
xxii) a zav and the like who enters the Temple Mount;
xxiii) a person who removes the staves of the ark;
xxiv) a person who removes the High Priest's breastplate from his ephod;
xxv) a person who tears the collar of the High Priest's cloak;
xxvi) a person who offers anything else than the commanded offerings on the golden altar;
xxvii) a priest who enters the Sanctuary while not in the midst of sacrificial worship;
xxviii) a priest with a physical deformity who enters the Sanctuary;
xxix) a priest with who enters the Sanctuary while intoxicated;
xxx) a priest with a physical deformity who performs sacrificial worship;
xxxi) an uncircumcised priest who performs sacrificial worship;
xxxii) a priest who performs the tasks of the Levites;
xxxiii) a priest who enters the Sanctuary with uncut hair;
xxxiv) a priest who enters the Sanctuary with torn clothes;
xxxv) a person who consecrates an animal with a physical deformity;
xxxvi) a person who slaughters such an animal as an offering;
xxxvii) a person who sprinkles the blood of such animals on the altar;
xxxviii) a person who burns the fats of such animals on the altar;
xxxix) a person who offers an animal with a physical deformity on behalf of gentile;
xxxx) a person who produces a blemish in a consecrated animal at the time the Temple is standing;
xxxxi) a person who performs labor with consecrated animals;
xxxxii) a person who shears consecrated animals
xxxxiii) a person who makes a fire-offering of yeast or honey;
xxxxiv) a person who allows the remainder of the meal-offerings to leaven;
xxxxv) a person who offers a sacrifice without salt;
xxxxvi) a person who offers a present given to a prostitute or an animal given in exchange for a dog;
xxxxvii) a person who adds oil to the meal-offering of a sinner;
xxxxviii) a person who adds frankincense to such an offering;
il) a person who adds oil to the meal-offering of a sotah;
l) a person who adds frankincense to such an offering;
li) a person who separates the head of a bird brought as a sin offering from its trunk;
lii) a person who transfers the holiness of one animal to another;
liii) a person who partakes of sacrificial meat after it became ritually impure;
liv) a person who partakes of sacrifices that have been disqualified;
lv) a priest who partakes of the meat of sacrifices of the most sacred order outside the Temple courtyard;
lvi) a non-priest who partakes of the meat of sacrifices of the most sacred order after their blood has been sprinkled on the altar;
lvii) a non-priest who partakes of the meat of a firstborn animal;
lviii) a daughter of a priest who married a non-priest who partakes of the breast and the foreleg given to the priests; this applies even after the death of her husband; lix) a chalalah who partakes of terumah;
lx) a person who partakes of sacrifices of lesser sanctity outside of Jerusalem;
lxi) a person who partakes of sacrifices of lesser sanctity before their blood is sprinkled on the altar
lxii) a person who partakes of an unblemished firstborn animal outside of Jerusalem;
lxiii) a person who partakes of the second tithe after it had entered Jerusalem once it had been taken outside Jerusalem again;
lxiv) a priest who partakes of the first fruits after they entered Jerusalem, but before they were placed down in the Temple Courtyard;
lxv) a priest who partakes of the first fruits after they were placed down in the Temple Courtyard and were then taken outside Jerusalem again;
lxvi) a person who partakes of ma'aser sheni in Jerusalem after it became impure, before it was redeemed;
lxvii) a person who is ritually impure who partakes of ma'aser sheni which was pure in Jerusalem;
lxviii) a person who partakes of ma'aser sheni - and similarly, any other consecrated food - while in a state of acute mourning;
lxix) an uncircumcised person who partakes of sacrificial meal or terumot;
lxx) a person who partakes of a meal offering brought by a priest or any other sacrifice that should be totally consumed by the fire of the altar;
lxxi) a person who partakes of the meat of the sin-offerings that are burned and any other sacrifices that must be burnt;
lxxii) a person who slaughters the Paschal sacrifice while he possesses chametz;
lxxiii) a person who breaks a bone from the Paschal sacrifice; this applies with regard to the first sacrifice or the second sacrifice;
lxxiv) a person who removes meat from the Paschal sacrifice outside the company of people partaking of it;
lxxv) a person who partakes of meat from the Paschal sacrifice outside of that company;
lxxvi) a person who partakes of meat from the Paschal sacrifice partially roasted or cooked; lxxvii) a person who purposely derives benefit from consecrated property;
lxxviii) a person who partakes of tevel from which the tithes, even the tithe for the poor, has not been separated, even though the terumot have been separated;
lxxix) a person who partakes of the meat of an animal that was condemned to be stoned to death, even if the condemned animal was slaughtered correctly;
lxxx) a person who eats meat from a non-kosher animal;
lxxxi) ... a non-kosher fowl;
lxxxii) ... a non-kosher fish;
lxxxiii) a person who partakes of a flying teeming animal;
lxxxiv) ... an earthbound teeming animal;
lxxxv) ... an aquatic teeming animal;
lxxxvi) ... an animal that crawls on the earth even though it does not reproduce;
lxxxvii) ... worms from fruit after they emerged from the fruit;
lxxxviii) a person who eats carrion;
lxxxix) ... an animal that was critically injured;
xc) ... a limb from a living animal;
xci) ... the sciatic nerve;
xcii) ... meat cooked with milk;
xciii) a person who cooks meat with milk;
xciv) a person who partakes of fresh grain before the bringing of the omer;
xcv) a person who partakes of orlah;
xcvi) a person who partakes of kilai hakerem;
xcvii) a person who partakes of chametz in a mixture on Pesach;
xcviii) ...after midday on the fourteenth of Nissan;
ic) a person who maintains possession of chametz on Pesach, e.g., he causes his dough to leaven;
c) a person who drinks wine used as a libation for false deities;
ci) a nazarite who partakes of the products of the vine;
cii) ... cuts his hair,
ciii) ...who contracts impurity imparted by a corpse;
civ) a person who shaves the hair next to a blemish of tzara'at
cv) a person who cuts off signs of tzara'at or removes them with fire;
cvi) a person who tills a wadi where the neck of a calf was broken to atone for an unsolved murder;
cvii) a person who sows in Eretz Yisrael in the Sabbatical year;
cviii) a person who trims a tree in the Sabbatical year;
cix) a person who reaps freely growing produce in the Sabbatical year without deviating from his ordinary pattern;
cx) a person who harvests fruit in the Sabbatical year without deviating from his ordinary pattern;
cxi) a person who sows in the Jubilee year;
cxii) a person who reaps in the Jubilee year without deviating from his ordinary pattern;
cxiii) a person who harvests fruit in the Jubilee year without deviating from his ordinary pattern;
cxiv) a person who destroys the produce from the corners of his harvest without giving it to a poor person;
cxv) a person who collects the grapes that grow individually in his vineyard and does not give them to a poor person;
cxvi) a person who collects the grain that falls from the reapers and does not give it to a poor person;
cxvii) a person who collects the grapes that grow in underdeveloped clusters in his vineyard and does not give them to a poor person;
cxviii) a person who takes a forgotten sheaf and does not give it to a poor person;
cxix) a person who takes a mother bird together with her young and does not send away the mother bird;
cxx) a person who sows mixed species of seeds together while sowing in Eretz Yisrael;
cxxi) a person who sows mixed species in a vineyard in Eretz Yisrael;
cxxii) a person who grafts mixed species of trees; this prohibition applies in every place;
cxxiii) a person who mates mixed species of animals; this prohibition applies in every place;
cxxiv) a person who leads mixed species of animals; this prohibition applies in every place;
cxxv) a person who muzzles an animal while it is working; this prohibition applies in every place;
cxxvi) a person who slaughters an animal and its offspring on the same day; this prohibition applies in every place;
cxxvii) a person who takes security from a colleague and does not return it to him when he requires it;
cxxviii) a person who takes security from a widow and does not return it to her;
cxxix) a person who takes utensils used in the preparation of food as security;
cxxx) a lying witness who is not penalized financially;
cxxxi) a person who strikes a colleague with a blow that does not require a p'rutah to be paid as compensation;
cxxxii) a wayward and rebellious son after the first testimony was delivered against him;
cxxxiii) a person who spreads a libelous report about his wife who is discovered to have lied;
cxxxiv) a person who curses a colleague using God's name;
cxxxv) a person who takes a false oath
cxxxvi) a person who takes an unnecessary oath
cxxxvii) a person who abrogates his vow;
cxxxiii) a person who goes beyond the Sabbath limits on the Sabbath;
cxxxix) a person who performs a forbidden labor on a festival;
cxl) a person who removes the hair at the corner of his head;
cxli) a person who removes the hair at the corner of his head;
cxlii) a person who gouges his flesh because of a person's death;
cxliii) a person who shaves his head because of a person's death;
cxliv) a person who tatoos himself;
cxlv) a person who wears shaatnez;
cxlvi) a person who chops down a fruit tree for a destructive purpose;
cxlvii) a man who wears the garments of a woman;
cxlviii) a woman who wears the garments of a man;
cil) a priest who contracts impurity because of contact with a corpse;
cl) a priest who consecrates a woman classified as a zonah and has relations with her;
cli) a priest who consecrates a divorcee and has relations with her;
clii) a priest who consecrates a woman classified as a challalah and has relations with her;
cliii) a High Priest who had relations with a widow even though he did not consecrate her;
cliv) a person who remarries his divorcee after she has been consecrated by another man;
clv) a person who marries a woman who is obligated to perform yibbum;
clvi) a man who has relations with a woman outside the context of marriage;
clvii) a mamzer who marries a native-born Jewess and has relations with her;
clviii) a person with crushed testicles who marries a native-born Jewess and has relations with her;
clix) a person who castrates another man, or a male animal, beast, or fowl;
clx) a rapist who divorces his victim and does not remarry her;
clxi) a person who spreads a libelous report about his wife, divorces her without remarrying her;
clxii) a person who enjoys intimacy with a woman forbidden him even though he did not engage in sexual relations; such a person is suspect of forbidden sexual activity;
clxiii) a person who marries out of the faith;
clxiv) an Ammonite convert who marries a native-born Jewess and had relations with her;
clxv) a Moabite convert who marries a native-born Jewess and had relations with her;
clxvi) a king who takes more wives than allowed by the Torah;
clxvii) a king who acquires more horses than allowed by the Torah;
clxviii) a king who acquires more wealth than necessary;
Thus there are a total of 207 violations which are punishable by lashes. An acronym for them is yilaku zerim The strangers will be lashed.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 20
Halacha 1
A court does not inflict punishment on the basis of conclusions which it draws, only on the basis of the testimony of witnesses with clear proof. Even if witnesses saw a person pursuing a colleague, they gave him a warning, but then diverted their attention, punishment is not inflicted on the basis of their testimony. Or to give a graphic example, the pursuer entered into a ruin, following the pursued and the witnesses followed him. They saw the victim slain, in his death throes, and the sword dripping blood in the hand of the killer, since they did not see him strike him, the court does not execute the killer based on this testimony. Concerning this and the like, Exodus 23:7 states: "Do not kill an innocent and righteous person."
Similarly, if two people testified that a person served a false deity in different circumstances, e.g., one saw him serve the sun and warned him, while the other saw him serve the moon and warned him, their testimonies are not combined. This can also be inferred from the verse: "Do not kill an innocent and righteous person." Since there is a rationale on which basis he could be held innocent and righteous, he should not be executed.
Halacha 2
Whenever a person violates a prohibition punishable by execution by the court under duress, the court should not execute him. Even in situations where the transgressor was commanded to sacrifice his life and not transgress, if he sinned under duress, although he desecrated God's name, he should not be executed. This is derived from Deuteronomy 22:26: "To the maiden, you should not do anything." This verse is a warning to the court not to punish a person who transgresses under duress.
Halacha 3
When a man is compelled to engage in relations with a woman forbidden to him, he is liable for execution by the court. The rationale is that an erection can only come about willingly. When a woman is raped, by contrast, she is absolved. This applies even if, in the midst of the rape, she says: "Allow him to continue." It is her natural inclination that overcame her.
Halacha 4
It is forbidden for the court to have compassion for the killer. The judges should not say: "Since this person has already been killed, what advantage is there in killing another person," and thus be lax in executing him. This is implied by Deuteronomy 19:13: "Do not allow your eyes to take pity. You shall eliminate innocent bloodshed."
Similarly, it is forbidden for the court to take pity on a person who was obligated to pay a fine. They should not say: "He is poor. He acted unintentionally." Instead, they should exact the entire payment from him without compassion, as Ibid.:21 states: "You shall not take pity."
Similarly, in questions of monetary law, one should not show mercy to the poor, saying: "He is indigent and the other litigant is wealthy. Since both I and the wealthy man are obligated to provide for the poor person's livelihood, I will vindicate him in judgment and thus he will derive his livelihood with honor." With regard to this, the Torah warned Exodus 23:3: "Do not glorify the indigent in his dispute," and Leviticus 19:15: "Do not show favor to the poor."
It is forbidden to show favor to a person of stature. What is implied? Two people come before one for judgment, one a wise man of stature and one, an ordinary person. One may not ask about the welfare of the person of stature first, nor treat him with favor, nor show him honor, lest this cause the other litigant to become tongue-tied. Instead, the judge should not turn to either of them in a personal manner until the judgment is concluded. This is derived from [Ibid.: "Do not glorify the countenance of a person of stature." Our Sages said: One should not say: "This man is affluent; he is the son of people of stature, how can I embarrass him and witness his humiliation." With regard to this, it is written: "Do not glorify the countenance of a person of stature."
Halacha 5
If two people come before a judge one observant and one wicked, he should not say : "Since he is wicked and it can be presumed that he is lying and conversely, it can be assumed that the other litigant does not falsify his statements, I will be biased against the wicked in judgment." With regard to this, Exodus 23:7 states: "Do not be biased in the judgment of the poor person." The intent is even if a person is poor in the observance of mitzvot, do not be biased in his judgment.
Halacha 6
Leviticus 19:15: "Do not act perversely in judgment" refers to a person who distorts the judgment and vindicates the litigant who should be held liable and obligates the litigant who should be vindicated. Similarly, a person who delays rendering judgment and extends his deliberations even though the matter is clear-cut in order to aggravate one of the litigants is also considered as one who acts perversely.
Halacha 7
A person who is haughty when rendering judgment and hurries to deliver a judgment before he examines the matter in his own mind until it is as clear as the sun to him is considered a fool, wicked, and conceited. Our Sages commanded: "Be patient in judgment." And similarly, Job 29:16 states: "When I did not understand a complaint, I would investigate."
Halacha 8
A judge who begins comparing a judgment that is brought before him to a judgment that was already rendered with which he was familiar is considered as wicked and haughty when rendering judgment if there is a scholar in his city who is wiser than him and he fails to consult him. Our Sages comment: "May evil upon evil befall him." For these and similar concepts stem from haughtiness which leads to the perversion of justice.
Proverbs 7:26: "She cast down many corpses" refers to a student who has not reached the level where he can deliver rulings, but does so. Awesome are all she has slain" Ibid. refers to a scholar who has reached the level where he can deliver rulings, but does not do so.
The latter denunciation applies provided his generation requires his services. If, however, he knows that there is another scholar capable of rendering decisions, and therefore he refrains from doing so, he is praiseworthy. Whenever a person refrains from becoming involved in a judgment, he removes the responsibility for antagonism, theft, and false oaths from himself. A person who is haughty in rendering judgment is foolish, wicked, and arrogant.
Halacha 9
A student should not give a ruling in the presence of his teacher unless he is three parseot removed from him. This distance is the length of the encampment of the Jews in the desert.
Halacha 10
A person should not say: "All of the above applies with regard to a judgment that involves the expropriation of a large sum of money from one person to another." Instead, a judgment involving 1000 maneh and one involving a p'rutah should be regarded as identical with regard to all matters.
Halacha 11
Judges should not sit down to adjudicate a case involving less than a p'rutah. If, however, they were required to adjudicate a complaint involving a p'rutah, they render a judgment even if ultimately, the outcome concerns less than a p'rutah.
Halacha 12
Anyone who perverts a judgment against another Jew transgresses a negative commandment, as Leviticus 19:15 states: "Do not act perversely in judgment." If the litigant was a convert, he transgresses two negative commandments, as Deuteronomy 24:17 states: "Do not distort the judgment of a convert." If he was an orphan, the transgressor violates three negative commandments as that verse continues: "...the judgment of an orphaned convert."
Sanhedrin veha`Onashin haMesurin lahem - Chapter 21
Halacha 1
It is a positive commandment for a judge to adjudicate righteously, as Leviticus 19:15 states: "Judge your colleagues with righteousness."
What is meant by a righteous judgment? Equating the litigants with regard to all matters. One should not be allowed to speak to the full extent he feels necessary while the other is told to speak concisely. One should not treat one favorably and speak gently to him and treat the other harshly and speak sternly to him.
Halacha 2
When there are two litigants, one wearing precious garments and the other degrading garments, we tell the litigant who carries himself honorably: "Either clothe him as you are clothed for the duration of your judgment or dress like him, so that you will be equal. Afterwards, stand judgment."
Halacha 3
One of the litigants should not be allowed to sit, while the other stands. Instead, they both should stand. If the court desires to seat both of them, they may. One should not be seated on a higher plane than the other. Instead, they should sit on the same level.
When does this apply? During the give and take of the arguments. When, however, the judgment is being delivered, both litigants must stand, as Exodus 18:13 states: "And the people stood before Moses."
What is meant by the delivery of the judgment? The announcement: "So and so, you are vindicated? So and so, you are liable."
When does the above apply? To the litigants. The witnesses, by contrast, must always stand, as Deuteronomy 19:17 states: "And the two men shall stand."
Halacha 4
When a Torah scholar and a common person come to adjudicate a dispute, the Torah scholar is seated. And the common person is instructed to sit. If, however, he does not sit, it is of no consequence.
A student who wishes to have a dispute adjudicated should not come early and sit before his teacher if he desires to have him adjudicate the case. If, however, each one of the judge's students had a fixed time to read before the judge and one of them came to read at the time of his judgment, it is permitted for the judge to hear the case.
Halacha 5
It has already become customary in all the courts throughout Israel after the era of Talmud, in all the yeshivot, to have the litigants and the witnesses sit so that there will be no controversy. For we do not have the power to establish the judgments of our faith in a firm manner.
Halacha 6
If there were many litigants before the judges, precedence should be give to a case involving an orphan to one involving a widow, as implied by Isaiah 1:17: "Judge an orphan, enter in a dispute on behalf of a widow." A case involving a widow receives precedence over a case involving a Torah scholar. A case involving a Torah scholar takes precedence over a case involving a common person. And a case involving a woman takes precedence over one involving a man, because the shame felt by a woman is greater.
Halacha 7
It is forbidden for a judge to hear the words of one of the litigants before the other comes or outside the other's presence. Even hearing one word is forbidden, as implied by Deuteronomy 1:16: "Listen among your brethren." A judge who listens to only one litigant violates a negative commandment, as Exodus 23:1 states: "Do not bear a false report." Included in this prohibition is a warning to a person who listens to malicious gossip, one who speaks malicious gossip, and one who bears false testimony.
Similarly, each litigant is warned not to tell his arguments to a judge before the other litigant comes. With regard to this and similar matters, Exodus 23:7 states: "Keep distant from words of falsehood."
Halacha 8
A judge should not hear from a translator. If he understands the language of the litigants and listens to their arguments, but is not fluent in their language in order to respond to them, he should appoint a translator to inform them of the ruling and the rationale why this person's claim was vindicated and the other was held liable.
Halacha 9
A judge must listen to the arguments of the litigants and restate their claims, as evident from I Kings 3:23 which states: "And the king said: 'This one says: "Mine is the son who lives and your son is the one who is dead."...'"
He should determine the just resolution of the judgment in his heart and then pronounce judgment.
Halacha 10
What is the source which teaches that a judge should not justify the arguments of one of the litigants? "Keep distant from words of falsehood." Instead, the litigant should tell the judge what appears correct to him and the judge should remain silent.
He should not teach one of the litigants an argument at all. Even if the plaintiff brings only one witness, the judge should not say: "We do not accept the testimony of one witness." Instead, he should tell the defendant: "See, he has testified against you." Preferably, he will acknowledge the other's claim, saying: "He testified truthfully." The judge should not ignore the witness's testimony unless the other litigant says: "He is only one witness and I do not accept his testimony." Similar principles apply in all analogous situations.
Halacha 11
If a judge sees a vindicating argument for one of the litigants and realizes that the litigant is seeking to state it, but does not know how to articulate the matter, sees that one was painfully trying to extricate himself with a true claim, but because of his anger and rage, he lost touch of the argument, or sees that one became confused because of his intellectual inadequacy, he may assist him somewhat to grant him an initial understanding of the matter, as indicated by Proverbs 31:8: "Open your mouth for the dumb person." One must reconsider the matter amply, lest one become like a legal counselor.
____________________________
Hayom Yom:
Monday, 2 Kislev, 5775 5775 • 24 November 2014
"Today's Day"
Monday, Kislev 2*, 5704
Torah lessons: Chumash: Chumash: Vayeitsei, Sheini with Rashi.
Tehillim: 10-17.
Tanya: Now, in one (p. 603)...Yetzirah and Asiyah. (p. 603).
My grandfather once explained in a maamar the statement, R. Elazar first gave a coin to a pauper and then davened1: "Davening must be with life. By giving, before davening, charity to a pauper - thereby giving him life - one's davening is suffused with a great increase of 'aliveness'." So saying he motioned with his hand in an upwards gesture to indicate that the increase is beyond imagination. Indeed my father would often seek out a pauper before davening to give him food.
FOOTNOTES
*. This day is the crowning culmination of the didan natzach victory, marking the actual return, in 5748 (1987) of the s'farim and k'tavim of the Rebbe'im to their rightful place in the library of Agudas Chasidei Chabad. This was the "...pidyon sh'vuyim ('release of the captives') of the s'farim, which were returned to their places in actual fact, on Monday of the Torah-portion 'I shall return in peace to my father's house,' on the second of Kislev." Sicha, Tevet 5, 5748, fn. 11. (The event coincided - in time and location - with the First International Convention of the shluchim, emissaries of the Rebbe of righteous memory.
1. Baba Batra 10a.
____________________________
Daily Thought:
Childish Enthusiasm
A child's enthusiasm comes in a storm,
taking over the child's entire world.
That is why, when a child embraces a new, good trait,
it enters forever.[1 Iyar 5736, sicha 3.]
____________________________
Monday, Kislev 2*, 5704
Torah lessons: Chumash: Chumash: Vayeitsei, Sheini with Rashi.
Tehillim: 10-17.
Tanya: Now, in one (p. 603)...Yetzirah and Asiyah. (p. 603).
My grandfather once explained in a maamar the statement, R. Elazar first gave a coin to a pauper and then davened1: "Davening must be with life. By giving, before davening, charity to a pauper - thereby giving him life - one's davening is suffused with a great increase of 'aliveness'." So saying he motioned with his hand in an upwards gesture to indicate that the increase is beyond imagination. Indeed my father would often seek out a pauper before davening to give him food.
FOOTNOTES
*. This day is the crowning culmination of the didan natzach victory, marking the actual return, in 5748 (1987) of the s'farim and k'tavim of the Rebbe'im to their rightful place in the library of Agudas Chasidei Chabad. This was the "...pidyon sh'vuyim ('release of the captives') of the s'farim, which were returned to their places in actual fact, on Monday of the Torah-portion 'I shall return in peace to my father's house,' on the second of Kislev." Sicha, Tevet 5, 5748, fn. 11. (The event coincided - in time and location - with the First International Convention of the shluchim, emissaries of the Rebbe of righteous memory.
1. Baba Batra 10a.
____________________________
Daily Thought:
Childish Enthusiasm
A child's enthusiasm comes in a storm,
taking over the child's entire world.
That is why, when a child embraces a new, good trait,
it enters forever.[1 Iyar 5736, sicha 3.]
____________________________
No comments:
Post a Comment