Today's Laws & Customs:
Today in Jewish History:
• Passing of Rosh (1327)
The life and influence of Rabbi Asher ben Yechiel, known by the acronym "Rosh", straddled the two great spheres of the Jewish diaspora of his time, the Ashkenazic (Franco-German) and the Sephardic (Spanish-Mediterranean) communities. Born approximately 1250 in Western Germany, Rabbi Asher studied under the famed Tosaphist Rabbi Meir of Rothenburg, fathered eight sons, and authored one of the earliest codifications of Jewish law. In mid-life he fled the persecutions of medieval Christian Europe, settling in Spain where Jews prospered materially and Jewish learning flourished in the Spanish Golden Age.
Though a penniless exile and newcomer, Rabbi Asher's genius and erudition quickly earned him a position of prestige and influence. In 1304 he was invited to to serve as the spiritual leader of the Jews of Toledo, where he established a Talmudic academy and transplanted the Ashkenazic Tosaphists' system of Talmudic interpretation and analysis. He also introduced the traditionalism and piety of the early Ashkenazic "Chassidim" (reversing the secularist trends in certain segments of Sephardic Jewry).
Rabbi Asher passed away in Toledo on Cheshvan 9 of the year 5088 from creation (1327 of the Common Era).
DAILY QUOTE:
Transgressions of man towards G-d -- Yom Kippur atones for them. Transgressions of man towards man, Yom Kippur does not atone for them until one seeks forgiveness from one's fellow(Talmud, Yoma 85b)
DAILY STUDY:• Passing of Rosh (1327)
The life and influence of Rabbi Asher ben Yechiel, known by the acronym "Rosh", straddled the two great spheres of the Jewish diaspora of his time, the Ashkenazic (Franco-German) and the Sephardic (Spanish-Mediterranean) communities. Born approximately 1250 in Western Germany, Rabbi Asher studied under the famed Tosaphist Rabbi Meir of Rothenburg, fathered eight sons, and authored one of the earliest codifications of Jewish law. In mid-life he fled the persecutions of medieval Christian Europe, settling in Spain where Jews prospered materially and Jewish learning flourished in the Spanish Golden Age.
Though a penniless exile and newcomer, Rabbi Asher's genius and erudition quickly earned him a position of prestige and influence. In 1304 he was invited to to serve as the spiritual leader of the Jews of Toledo, where he established a Talmudic academy and transplanted the Ashkenazic Tosaphists' system of Talmudic interpretation and analysis. He also introduced the traditionalism and piety of the early Ashkenazic "Chassidim" (reversing the secularist trends in certain segments of Sephardic Jewry).
Rabbi Asher passed away in Toledo on Cheshvan 9 of the year 5088 from creation (1327 of the Common Era).
DAILY QUOTE:
Transgressions of man towards G-d -- Yom Kippur atones for them. Transgressions of man towards man, Yom Kippur does not atone for them until one seeks forgiveness from one's fellow(Talmud, Yoma 85b)
CHITAS AND RAMBAM FOR TODAY:
Chumash: Vayeira, 1st Portion Genesis 18:1-18:14 with Rashi
• Chapter 18
1. Now the Lord appeared to him in the plains of Mamre, and he was sitting at the entrance of the tent when the day was hot. א. וַיֵּרָא אֵלָיו יְהֹוָה בְּאֵלֹנֵי מַמְרֵא וְהוּא ישֵׁב פֶּתַח הָאֹהֶל כְּחֹם הַיּוֹם:
And [the Lord] appeared to him: to visit the sick (Tan. Buber, Vayera 1). Said Rabbi Chama the son of Chanina: It was the third day from his circumcision, and the Holy One, blessed be He, came and inquired about his welfare (B. M. 86b).
וירא אליו: לבקר את החולה. אמר רבי חמא בר חנינא יום שלישי למילתו היה, ובא הקב"ה ושאל בשלומו:
in the plains of Mamre: He [Mamre] was the one who counseled him about circumcision. Therefore, He appeared to him [Abraham] in his [Mamre’s] territory. — [from Tan. Vayera 3]
באלוני ממרא: הוא שנתן לו עצה על המילה, לפיכך נגלה עליו בחלקו:
was sitting: It is written יֹשֵׁב [without a “vav,” and may therefore be read: “he sat”]. He wished to stand. The Holy One, blessed be He, said to him, “Sit and I will stand, and you will be a sign for your children that I am destined to stand in the congregation of the judges, and they will sit,” as it is said (Ps. 82: 1): “God stands in the Divine assembly.” - [from Gen. Rabbah 48:7]
ישב: ישב כתיב, בקש לעמוד, אמר לו הקב"ה שב ואני אעמוד, ואתה סימן לבניך, שעתיד אני להתיצב בעדת הדיינין והן יושבין, שנאמר (תהלים פב א) א-להים נצב בעדת אל:
at the entrance of the tent: to see whether there were any passersby whom he would bring into his house. — [from B. M. 86b]
פתח האהל: לראות אם יש עובר ושב ויכניסם בביתו:
when the day was hot: (B.M. 86b) The Holy One, blessed be He, took the sun out of its sheath so as not to trouble him with wayfarers, but since He saw that he was troubled that no wayfarers were coming, He brought the angels to him in the likeness of men. — [from Gen. Rabbah 48:9, Exod. Rabbah 25:2]
כחום היום: הוציא הקב"ה חמה מנרתיקה שלא להטריחו באורחים, ולפי שראהו מצטער שלא היו אורחים באים, הביא המלאכים עליו בדמות אנשים:
2. And he lifted his eyes and saw, and behold, three men were standing beside him, and he saw and he ran toward them from the entrance of the tent, and he prostrated himself to the ground. ב. וַיִּשָּׂא עֵינָיו וַיַּרְא וְהִנֵּה שְׁלשָׁה אֲנָשִׁים נִצָּבִים עָלָיו וַיַּרְא וַיָּרָץ לִקְרָאתָם מִפֶּתַח הָאֹהֶל וַיִּשְׁתַּחוּ אָרְצָה:
and behold, three men: One to bring the news [of Isaac’s birth] to Sarah, and one to overturn Sodom, and one to heal Abraham, for one angel does not perform two errands (Gen. Rabbah 50:2). You should know that [this is true] because throughout the entire chapter, Scripture mentions them in the plural, e.g., (below verse 8): “and they ate” ; (ibid. verse 9): “and they said to him.” Concerning the announcement, however, it says (ibid. verse 10): “And he said: I will surely return to you.” And concerning the overturning of Sodom, it says (below 19:22): “For I will not be able to do anything”; (ibid. verse 21): “I will not overturn” (Gen. Rabbah 50:11). And Raphael, who healed Abraham, went from there to save Lot. This is what is stated: “And it came to pass when they took them outside, that he [the angel] said, ‘Flee for your life.’” You learn that only one acted as a deliverer.
והנה שלשה אנשים: אחד לבשר את שרה ואחד להפוך את סדום ואחד לרפאות את אברהם, שאין מלאך אחד עושה שתי שליחיות. תדע לך שכן כל הפרשה הוא מזכירן בלשון רבים (פסוק ח) ויאכלו, (פסוק ט) ויאמרו אליו, ובבשורה נאמר (שם י) ויאמר שוב אשוב אליך, ובהפיכת סדום הוא אומר (יט כב) כי לא אוכל לעשות דבר, (שם כא), לבלתי הפכי. ורפאל שרפא את אברהם הלך משם להציל את לוט, הוא שנאמר (שם יז) ויהי כהוציאם אותם החוצה ויאמר המלט על נפשך, למדת שהאחד היה מציל:
were standing beside him: Heb. עָלָיו, lit. over him. Before him, like (Num. 2:20): “And next to him (וְעָלָיו), the tribe of Manasseh,” but it is a euphemism in reference to the angels.
נצבים עליו: לפניו, כמו (במדבר ב כ) ועליו מטה מנשה. אבל לשון נקיה הוא כלפי המלאכים:
and he saw: Why is וַיַרְא written twice [in this verse?] The first is to be understood according to its apparent meaning [i.e., and he saw], and the second means “understanding.” He observed that they were standing in one place, and he understood that they did not wish to burden him. And although they knew that he would come out toward them, they stood in their place out of respect for him, to show him that they did not wish to trouble him, and he went out first and ran toward them. (This is the reading in an old Rashi ms.) In Bava Metzia (ad loc.) it is written: “standing beside him,” and then it is written: “and he ran toward them!” When they saw that he was untying and tying [his bandages], they separated from him. Immediately, “he ran toward them.”
וירא: מהו וירא וירא שני פעמים, הראשון כמשמעו והשני לשון הבנה, נסתכל שהיו נצבים במקום אחד והבין שלא היו רוצים להטריחו ואף על פי שיודעים היו שיצא לקראתם, עמדו במקומם לכבודו ולהראותו שלא רצו להטריחו, וקדם הוא ורץ לקראתם. בבבא מציעא (פו ב) כתיב נצבים עליו, וכתיב וירץ לקראתם, כד חזיוה דהוה שרי ואסר פירשו הימנו, מיד וירץ לקראתם:
3. And he said, "My lords, if only I have found favor in your eyes, please do not pass on from beside your servant. ג. וַיֹּאמַר אֲדֹנָי אִם נָא מָצָאתִי חֵן בְּעֵינֶיךָ אַל נָא תַעֲבֹר מֵעַל עַבְדֶּךָ:
And he said, “My lords, if only I have, etc.”: To the chief one he said this, and he called them all lords, and to the chief one he said, “Please do not pass by,” because if he would not pass by, his companions would stay with him. According to this version, it (אֲדֹנָי) is profane (Shev. 35b) (i.e., it does not refer to God). Another explanation: It (אֲדֹנָי) is holy, and he was telling the Holy One, blessed be He, to wait for him until he would run and bring in the wayfarers. And although this [“Do not pass by”] is written after “and ran toward them,” the statement [to God, “do not pass by”] preceded it. It is customary for the verses to speak in this manner, as I explained in reference to (above 6:3) “Let My spirit not quarrel forever concerning man” [the decree that God would wait 120 years before bringing the Flood] which was written after (5:32): “And Noah begot.” But it is impossible to say otherwise than that the decree preceded the birth [of Japheth] by 120 years. And the two interpretations [of אֲדֹנָי as being profane and holy in this context] are in Genesis Rabbah.
ויאמר א-דני אם נא וגו': לגדול שבהם אמר, וקראם כולם אדונים ולגדול אמר אל נא תעבור, וכיון שלא יעבור הוא, יעמדו חבריו עמו, ובלשון זה הוא חול. דבר אחר קודש הוא, והיה אומר להקב"ה להמתין לו עד שירוץ ויכניס את האורחים. ואף על פי שכתוב אחר (פסוק ב) וירץ לקראתם, האמירה קודם לכן היתה, ודרך המקראות לדבר כן, כמו שפירשתי אצל (ו ג) לא ידון רוחי באדם, שנכתב אחר (ה לב) ויולד נח, ואי אפשר לומר אלא אם כן קודם גזירת מאה עשרים שנה, ושתי הלשונות בבראשית רבה (מח י):
4. Please let a little water be taken, and bathe your feet, and recline under the tree. ד. יֻקַּח נָא מְעַט מַיִם וְרַחֲצוּ רַגְלֵיכֶם וְהִשָּׁעֲנוּ תַּחַת הָעֵץ:
Please let…be taken: through a messenger, and the Holy One, blessed be He, rewarded his [Abraham’s] children through a messenger, as it is said (Num. 20:11): “And Moses raised his hand, and he struck the rock.” - [from B.M. 86b]
יקח נא: על ידי שליח, והקב"ה שלם לבניו על ידי שליח שנאמר (במדבר כ יא) וירם משה את ידו ויך את הסלע:
and bathe your feet: He thought that they were Arabs, who prostrate themselves to the dust of their feet, and he was strict not to allow any idolatry into his house. But Lot, who was not strict, mentioned lodging before washing, as it is said (below 19:2): “and lodge and bathe your feet.” - [from Gen. Rabbah 54:4]
ורחצו רגליכם: כסבור שהם ערביים שמשתחוים לאבק רגליהם והקפיד שלא להכניס עבודה זרה לביתו. אבל לוט שלא הקפיד, הקדים לינה לרחיצה, שנאמר (יט ב) ולינו ורחצו רגליכם:
under the tree: under the tree. [Heb. עֵץ can mean either “tree” or detached “wood”; the Targum clarifies this ambiguity by translating as Aram. אִילָן, meaning specifically “tree.”] — [from Targumim]
תחת העץ: תחת האילן:
5. And I will take a morsel of bread, and sustain your hearts; after[wards] you shall pass on, because you have passed by your servant." And they said, "So shall you do, as you have spoken." ה. וְאֶקְחָה פַת לֶחֶם וְסַעֲדוּ לִבְּכֶם אַחַר תַּעֲבֹרוּ כִּי עַל כֵּן עֲבַרְתֶּם עַל עַבְדְּכֶם וַיֹּאמְרוּ כֵּן תַּעֲשֶׂה כַּאֲשֶׁר דִּבַּרְתָּ:
and sustain your hearts: In the Torah, in the Prophets, and in the Hagiographa, we find that bread is the sustenance of the heart. In the Torah — “and sustain your hearts” ; in the Prophets — (Jud. 19:5) “Sustain your heart with a morsel of bread”; in the Hagiographa — (Ps. 104:15) “and bread sustains man’s heart.” Said Rabbi Chama: לְבַבְכֶם is not written here, but לִבָּכֶם. This teaches us that the evil inclination does not rule over the angels. — [from Gen. Rabbah 48:11]
וסעדו לבכם: בתורה בנביאים ובכתובים מצינו דפתא סעדתא דלבא. בתורה סעדו לבכם. בנביאים (שופטים יט ה) סעד לבך פת לחם. בכתובים (תהלים קד טו) ולחם לבב אנוש יסעד. אמר רבי חמא לבבכם אין כתיב כאן אלא לבכם, מגיד שאין יצר הרע שולט במלאכים:
after[wards] you shall pass on: Afterwards, you shall go.
אחר תעבורו: אחר כן תלכו:
because you have passed by: For I request this from you [i.e., to sustain your hearts] because you have passed by me [i.e., have stopped in my home] to honor me.
כי על כן עברתם: כי הדבר הזה אני מבקש מכם מאחר שעברתם עלי לכבודי:
because: כִּי עַל כֵּן is like עַל אֲשֶׁר, because, and so is every כִּי עַל כֵּן in Scripture, e.g., (below 19:8): “because (כִּי עַל כֵּן) they have come in the shadow of my roof”; (below 33:10): “because (כִּי עַל כֵּן) I have seen your countenance”; (below 38:26): “because (כִּי עַל כֵּן) I have not given her”; (Num. 10:31): “because (כִּי עַל כֵּן) you know our encamping.”
כי על כן: כמו על אשר, וכן כל כי על כן שבמקרא (לקמן יט ח) כי על כן באו בצל קורתי, (לקמן לג י) כי על כן ראיתי פניך, (שם לח כו) כי על כן לא נתתיה, (במדבר י לא) כי על כן ידעת חנותנו:
6. And Abraham hastened to the tent to Sarah, and he said, "Hasten three seah of meal [and] fine flour; knead and make cakes." ו. וַיְמַהֵר אַבְרָהָם הָאֹהֱלָה אֶל שָׂרָה וַיֹּאמֶר מַהֲרִי שְׁלשׁ סְאִים קֶמַח סֹלֶת לוּשִׁי וַעֲשִׂי עֻגוֹת:
meal [and] fine flour: The fine flour for the cakes [and] the meal for the starch used by cooks to cover the pot, to draw out the scum. — [from B.M. 86b]
קמח סלת: סלת לעוגות, קמח לעמלן של טבחים, לכסות את הקדרה, ולשאוב את הזוהמא:
7. And to the cattle did Abraham run, and he took a calf, tender and good, and he gave it to the youth, and he hastened to prepare it. ז. וְאֶל הַבָּקָר רָץ אַבְרָהָם וַיִּקַּח בֶּן בָּקָר רַךְ וָטוֹב וַיִּתֵּן אֶל הַנַּעַר וַיְמַהֵר לַעֲשׂוֹת אֹתוֹ:
a calf, tender and good: There were three calves, in order to feed them three tongues with mustard. — [from B.M. 86b]
בן בקר רך וטוב: שלשה פרים היו כדי להאכילן שלש לשונות בחרדל:
to the youth: This was Ishmael, to train him to perform mitzvoth. — [from Aboth d’Rabbi Nathan, ch. 13]
אל הנער: זה ישמעאל לחנכו במצות:
8. And he took cream and milk and the calf that he had prepared, and he placed [them] before them, and he was standing over them under the tree, and they ate. ח. וַיִּקַּח חֶמְאָה וְחָלָב וּבֶן הַבָּקָר אֲשֶׁר עָשָׂה וַיִּתֵּן לִפְנֵיהֶם וְהוּא עֹמֵד עֲלֵיהֶם תַּחַת הָעֵץ וַיֹּאכֵלוּ:
And he took cream and milk, etc.: But he did not bring bread, because Sarah became menstruous, for the manner of the women returned to her on that day, and the dough became ritually unclean. — [from B.M. 87a]
ויקח חמאה וגו': ולחם לא הביא לפי שפירסה שרה נדה, שחזר לה אורח כנשים אותו היום, ונטמאת העיסה:
cream: the fat of the milk that is skimmed off the top.
חמאה: שומן החלב שקולטין מעל פניו:
and the calf that he had prepared: that he had prepared. Each one that he prepared, he took and brought before them. — [from B.M. 86b]
ובן הבקר אשר עשה: אשר תקן, קמא קמא שתקן, אמטי ואייתי קמייהו:
and they ate: They appeared to be eating. From here we learn that a person should not deviate from custom. — [from B.M. ad loc., Gen. Rabbah 48:14, Targum Jonathan]
ויאכלו: נראו כמו שאכלו, מכאן שלא ישנה אדם מן המנהג:
9. And they said to him, "Where is Sarah your wife?" And he said, "Behold in the tent." ט. וַיֹּאמְרוּ אֵלָיו אַיֵּה שָׂרָה אִשְׁתֶּךָ וַיֹּאמֶר הִנֵּה בָאֹהֶל:
And they said to him: Heb. אֵלָיו. There are dots over the letters איו in the word אֵלָיו. And we learned: Rabbi Simeon the son of Eleazar says: “Wherever the [undotted] letters are more than the dotted ones, you must expound on the [undotted] letters, etc.” And here, the dotted letters are more than the [undotted] letters, and you must expound on the dotted [letters]. [The meaning is that] they also asked Sarah,“Where (אַיוֹ) is Abraham?” (Gen. Rabbah 48:15) We learn that a person should ask in his lodging place of the husband about the wife, and of the wife about the husband (B.M. 87a). In Bava Metzia (ad loc.) it is said: The ministering angels knew where our mother Sarah was, but [they asked in order] to make known that she was modest, in order to endear her to her husband. Said Rabbi Joseph the son of Chanina: In order to send her a cup of blessing (i.e., the cup of wine upon which the Grace after Meals is recited).
ויאמרו אליו: נקוד על אי"ו שבאליו, ותניא רבי שמעון בן אלעזר אומר כל מקום שהכתב רבה על הנקודה אתה דורש הכתב וכו', וכאן הנקודה רבה על הכתב אתה דורש הנקודה, שאף לשרה שאלו איו אברהם, למדנו שישאל אדם באכסניא שלו לאיש על האשה ולאשה על האיש. בבבא מציעא (פז א) אומרים יודעים היו מלאכי השרת שרה אמנו היכן היתה, אלא להודיע שצנועה היתה כדי לחבבה על בעלה. אמר רבי יוסי בר חנינא כדי לשגר לה כוס של ברכה:
Behold in the tent: She is modest. — [from B.M. ad loc., Mid. Ps. 128:3]
הנה באהל: צנועה היא:
10. And he said, "I will surely return to you at this time next year, and behold, your wife Sarah will have a son." And Sarah heard from the entrance of the tent, and it was behind him. י. וַיֹּאמֶר שׁוֹב אָשׁוּב אֵלֶיךָ כָּעֵת חַיָּה וְהִנֵּה בֵן לְשָׂרָה אִשְׁתֶּךָ וְשָׂרָה שֹׁמַעַת פֶּתַח הָאֹהֶל וְהוּא אַחֲרָיו:
at this time next year: At this time in the coming year. It was Passover, and on the following Passover, Isaac was born, since we do not read כְּעֵת [at “a” time], but כָּעֵת [at “this” time]. כָּעֵת חַיָּה means: at this time, when there will be life for you, when you will all be alive and well. — [from Targum Yerushalmi, Targum Jonathan]
כעת חיה: כעת הזאת לשנה הבאה, ופסח היה, ולפסח הבא נולד יצחק, מדלא קרינן כעת אלא כעת. כעת חיה כעת הזאת שתהא חיה לכם שתהיו כלכם שלימים וקיימים:
I will surely return: The angel did not announce that he [himself] would return to him, but he was speaking to him as an emissary of the Omnipresent. Similarly (above 16:10): “And the angel said to her: I will greatly multiply [your seed],” but he [the angel] did not have the power to multiply [her children], but he spoke as an emissary of the Omnipresent. Here too, it was as an emissary of the Omnipresent that he said this to him. (Elisha said to the Shunamite woman (II Kings 4:16): “At this season, at this time next year, you will be embracing a son.” And she said, “No my lord, O man of God, do not fail your maidservant. Those angels who announced to Sarah said (below verse 14): ‘At the appointed time, I will return,’” [but Elisha did not promise to return]. Elisha replied, “Those angels, who live and endure forever, said, ‘At the appointed time, I will return.’ But I am flesh and blood, alive today and dead tomorrow. Whether I shall be alive or dead, ‘At this time, etc. [you will embrace a son.’”] (Gen. Rabbah 53:2).
שוב אשוב: לא בשרו המלאך שישוב אליו אלא בשליחותו של מקום אמר לו, כמו (טז י) ויאמר לה מלאך ה' הרבה ארבה, והוא אין בידו להרבות, אלא בשליחותו של מקום, אף כאן בשליחותו של מקום אמר לו כן. אלישע אמר לשונמית (מלכים ב' ד טז) למועד הזה כעת חיה את חובקת בן ותאמר אל אדוני איש הא-להים אל תכזב בשפחתך, אותן המלאכים שבשרו את שרה אמרו למועד אשוב. אמר לה אלישע אותם המלאכים שהם חיים וקיימים לעולם אמרו למועד אשוב, אבל אני בשר ודם שהיום חי ומחר מת, בין חי ובין מת למועד הזה וגו':
and it was behind him: The entrance was behind the angel.
והוא אחריו: הפתח היה אחר המלאך:
11. Now Abraham and Sarah were old, coming on in years; Sarah had ceased to have the way of the women. יא. וְאַבְרָהָם וְשָׂרָה זְקֵנִים בָּאִים בַּיָּמִים חָדַל לִהְיוֹת לְשָׂרָה אֹרַח כַּנָּשִׁים:
ceased to have: It had ceased from her. — [from Gen Rabbah 48:16]
חדל להיות: פסק ממנה:
the way of the women: the menstrual cycle.
ארח כנשים: אורח נדות:
12. And Sarah laughed within herself, saying, "After I have become worn out, will I have smooth flesh? And also, my master is old." יב. וַתִּצְחַק שָׂרָה בְּקִרְבָּהּ לֵאמֹר אַחֲרֵי בְלֹתִי הָיְתָה לִּי עֶדְנָה וַאדֹנִי זָקֵן:
within herself: She looked at her insides and said, “Is it possible that these insides will carry a child; that these breasts, which have dried up, will give forth milk?” - [from Tan. Shoftim 18]
בקרבה: מסתכלת במעיה ואמרה אפשר הקרבים הללו טעונין ולד, השדים הללו שצמקו מושכין חלב, תנחומא (שופטים יח):
smooth flesh: Heb. עֶדְנָה, smoothness of flesh, and in the language of the Mishnah (Meg. 13a, Men. 86a): “It causes the hair to fall out and smoothes (מְעַדֵּן) the flesh.” Another explanation: an expression of time (עִדָּן), the time of the menstrual period. — [from Gen. Rabbah 48:17]
עדנה: צחצוח בשר, ולשון משנה (מנחות פו א) משיר את השער ומעדן את הבשר. דבר אחר לשון עידן, זמן וסת נדות:
13. And the Lord said to Abraham, "Why did Sarah laugh, saying, 'Is it really true that I will give birth, although I am old?' יג. וַיֹּאמֶר יְהֹוָה אֶל אַבְרָהָם לָמָּה זֶּה צָחֲקָה שָׂרָה לֵאמֹר הַאַף אֻמְנָם אֵלֵד וַאֲנִי זָקַנְתִּי:
Is it really true: Is it really true that I will give birth?-
האף אמנם: הגם אמת אלד:
although I am old: Scripture altered [her statement] for the sake of peace, for she had said,“and my master is old.” - [from B.M. 87a]
ואני זקנתי: שינה הכתוב מפני השלום, שהרי היא אמרה ואדוני זקן:
14. Is anything hidden from the Lord? At the appointed time, I will return to you, at this time next year and Sarah will have a son." יד. הֲיִפָּלֵא מֵיהֹוָה דָּבָר לַמּוֹעֵד אָשׁוּב אֵלֶיךָ כָּעֵת חַיָּה וּלְשָׂרָה בֵן:
Is…hidden: Heb. הֲיִפָּלֵא, as the Targum renders: הַיִתְכַּסֵי. Is anything too hidden and separated and concealed from Me [to prevent Me] from doing My will?
היפלא: כתרגומו היתכסי, וכי שום דבר מופלא ומופרד ומכוסה ממני מלעשות כרצוני:
At the appointed time: At that time that was appointed, that I set for you yesterday, [when I said] (17:21): “at this time next year.”
למועד: לאותו מועד המיוחד שקבעתי לך אתמול למועד הזה בשנה האחרת:
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Daily Tehillim: Psalms Chapters 49 - 54
• Chapter 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot redeem his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they study, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
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Tanya: Iggeret HaKodesh, middle of Epistle 26
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, 9 Cheshvan 5775 • 2 November 2014
Iggeret HaKodesh, middle of Epistle 26
והנה העליונים, אין להם כח לברר ולהעלות מהשבירה שבקליפת נוגה
Now, the celestial beings (i.e., the souls and angels in the higher worlds) do not have the power to disencumber and elevate that which is in kelipat nogah (i.e., the sparks that are exiled there) as a result of the “breaking of the vessels.”
אלא התחתונים לבד
Only the terrestrial beings, the souls situated in this world, [can do this],
לפי שהם מלובשים בגוף חומרי, משכא דחויא, מקליפת נוגה
for they are vested in a material body that is known as the “hide of the serpent,” which derives from kelipat nogah.
As explained above, when this concept appeared in ch. 31 of Tanya (quoting the Zohar1), the “serpent” refers to the “three utterly impure kelipot,” while the body that derives its vitality from kelipat nogah is called the “hide of the serpent.”2
והם מתישים כחה, בשבירת התאוות
These [embodied souls] weaken its strength, the strength of this kelipah, by crushing the passions,
אתכפיא סטרא אחרא, ויתפרדו כל פועלי און
thereby subjugating the sitra achra, so that3 “all the workers of evil (i.e., the kelipot) will be dispersed.”
Thus, only souls in this world are able to extract the holy sparks from the kelipot and elevate them. For this reason, they alone are able to elevate the Chochmah of Torah which the kelipot obscure.
ולכן באים העליונים לשמוע חידושי תורה מהתחתונים
This is why the celestial beings, the souls of the higher worlds, come to hear innovative insights into the Torah from the terrestrial beings,4 from the souls here in this world —
מה שמחדשים ומגלים תעלומות החכמה, שהיו כבושים בגולה עד עתה
[to hear] the secrets of wisdom which they innovate and reveal, and which until this time had been in bondage in exile.
וכל איש ישראל יוכל לגלות תעלומות חכמה, (לגלות) ולחדש שכל חדש
Every Jew is able to reveal secrets of wisdom, (5to reveal) and to discover a new insight,
הן בהלכות הן באגדות, הן בנגלה הן בנסתר
whether it be in the laws or in homiletics, in the revealed or in the mystical [planes of the Torah],6
כפי בחינת שרש נשמתו
according to the nature of his soul’s root, and its consequent affinity with each of the above categories of the Torah.
ומחוייב בדבר
Indeed, one is obliged to do so — to uncover hitherto-concealed insights into the Torah, and to reveal the secrets of wisdom,
להשלים נשמתו, בהעלאת כל הניצוצות שנפלו לחלקה ולגורלה, כנודע
in order to perfect his soul by elevating all the sparks that have been allotted to it, as is known.7
(וכל דברי תורה, ובפרט דבר הלכה, היא ניצוץ מהשכינה, שהיא היא דבר ה׳
(8Moreover, every Torah teaching, and especially a halachic teaching, is a spark of the Shechinah, which is the word of G‑d.
כדאיתא בגמרא: דבר ה׳, זו הלכה
In the words of the Gemara,9 “The phrase ‘word of G‑d’ denotes the Halachah.”
סוד מלכות דאצילות, המלבשת לחכמה דאצילות, ומלובשים במלכות דיצירה
This accords with the Kabbalistic principle regarding Malchut of Atzilut which garbs the Chochmah of Atzilut, [both of] which are vested in Malchut of Yetzirah,
וירדו בקליפת נוגה בשבירת הכלים
and with the “breaking of the vessels” they descended into kelipat nogah.)
The words of Torah in general, and particularly the halachic “word of G‑d,” are thus exiled within the kelipot that conceal them. Accordingly, a scholar who brings to light a teaching long hidden in the Torah or who resolves a problematic query and thereby clearly articulates a particular law, releases the pertinent spark of the Shechinah from the kelipot.
וזהו שכתוב בגמרא: כל העוסק בתורה, אמר הקדוש ברוך הוא, מעלה אני עליו כאלו פדאני ואת בני מבין האומות העולם
Thus the Gemara teaches that the Holy One, blessed be He, says of whoever engages in the study of the Torah...,10 “I account it as if he had redeemed Me and My children from among the nations of the world.”
For Torah study redeems the sparks of the Shechinah — the sparks of the “word of G‑d” — from their exile within the kelipot.
* * *
FOOTNOTES
1. Tikkunei Zohar, Tikkun XXI (p. 48b).
2. This is explained at length in the maamar entitled VaTipakachnah by the Tzemach Tzedek, in Sefer HaChakirah, p. 136.
3. Tehillim 92:10.
4. Cf. Zohar III, 173a.
5. These parentheses are in the original text.
6. Note of the Rebbe: “I.e., in all of the above categories, each with its own singular quality.”
7. Note of the Rebbe: “See Hilchot Talmud Torah of the Alter Rebbe, ch.1, end of sec. 4 (and sources cited there in the Kehot edition).”
8. These parentheses are in the original text.
9. Shabbat 138b.
10. Berachot 8a.
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Rambam:
Daily Mitzvah 239 Sefer Hamitzvot
Today's Mitzvah
Sunday, 9 Cheshvan 5775 • 2 November 2014
Negative Commandment 239
Forcefully Taking Collateral
"You shall not go into his house to take his pledge"—Deuteronomy 24:10.
It is forbidden for a creditor to enter the borrower's home and forcibly take collateral for a debt that is due. Only the courts, via a court-appointed agent, have the right to do this.
Forcefully Taking Collateral
Negative Commandment 239
Translated by Berel Bell
The 239th prohibition is that we are forbidden from ourselves taking an object as security from someone who owes us money. It may be done only upon order from a judge and through his emissary; we may not barge into the debtor's house and take an object as security.
The source of this prohibition is G‑d's statement1 (exalted be He), "[When you make any kind of loan to your neighbor,] do not go into his house to take something as security."
In the words of the Mishneh:2 "When a person has lent money to another, he may only take something as security in court; he may not enter his house to take his security, as the verse3 says, 'You must stand outside.' "
This prohibition is a lav she'nitak l'aseh (a prohibition with a remedial positive commandment) — i.e. G‑d's statement4 (exalted be He), "Return the security to him." This is the way it is explained in the last chapter of tractate Makkos.5 You should be aware that if he does not return it, and thereby not fulfill the remedial positive commandment, he receives lashes and must repay the value of the secured object, as explained in the last chapter of Makkos.
The details of this mitzvah are explained in the 9th chapter of tractate Bava Metzia.6
FOOTNOTES
1. Ibid., 24:10.
2. Bava Metzia 9:13.
3. Deut. 24:11.
4. Ibid., 24:13.
5. 16a.
6. 113.
Daily Mitzvah 239 Sefer Hamitzvot
Today's Mitzvah
Sunday, 9 Cheshvan 5775 • 2 November 2014
Negative Commandment 239
Forcefully Taking Collateral
"You shall not go into his house to take his pledge"—Deuteronomy 24:10.
It is forbidden for a creditor to enter the borrower's home and forcibly take collateral for a debt that is due. Only the courts, via a court-appointed agent, have the right to do this.
Forcefully Taking Collateral
Negative Commandment 239
Translated by Berel Bell
The 239th prohibition is that we are forbidden from ourselves taking an object as security from someone who owes us money. It may be done only upon order from a judge and through his emissary; we may not barge into the debtor's house and take an object as security.
The source of this prohibition is G‑d's statement1 (exalted be He), "[When you make any kind of loan to your neighbor,] do not go into his house to take something as security."
In the words of the Mishneh:2 "When a person has lent money to another, he may only take something as security in court; he may not enter his house to take his security, as the verse3 says, 'You must stand outside.' "
This prohibition is a lav she'nitak l'aseh (a prohibition with a remedial positive commandment) — i.e. G‑d's statement4 (exalted be He), "Return the security to him." This is the way it is explained in the last chapter of tractate Makkos.5 You should be aware that if he does not return it, and thereby not fulfill the remedial positive commandment, he receives lashes and must repay the value of the secured object, as explained in the last chapter of Makkos.
The details of this mitzvah are explained in the 9th chapter of tractate Bava Metzia.6
FOOTNOTES
1. Ibid., 24:10.
2. Bava Metzia 9:13.
3. Deut. 24:11.
4. Ibid., 24:13.
5. 16a.
6. 113.
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Rambam:
• 1 Chapter a Day: Edut Edut - Chapter 13Edut - Chapter 13
Halacha 1
Relatives are disqualified as witnesses according to Scriptural Law, as implied by Deuteronomy 24:16: "Fathers shall not die because of sons." According to the Oral Tradition, the verse is interpreted as meaning that included in this prohibition is that fathers should not die because of the testimony of sons, nor should sons die because of the testimony of fathers. Similar laws apply with regard to other relatives.
According to Scriptural Law, only paternal relatives are disqualified - i.e., a father with his sons and grandsons, paternal brothers with each other, and the sons of paternal brothers with each other. Needless to see the uncles may not testify with their brother's sons. Maternal relatives or people related by marriage are disqualified only by Rabbinic decree.
Halacha 2
Converts are not considered as relatives. Even two twin brothers who convert may testify on each others behalf. For a convert is considered as a newborn child.
Halacha 3
Brothers - whether maternal brothers or paternal - are considered as one degree removed. Their sons are considered as two degrees removed. And their grandsons are three degrees removed.
Halacha 4
A person who is three degrees removed may testify on behalf of one who is one degree removed. Needless to say, one who is three degrees removed may testify on behalf of one who is two degrees removed. But two who are both two degrees removed, and needless to say, one who is two degrees removed and one who is one degree removed are both disqualified from testifying.
Halacha 5
A father and his son are considered as one degree removed. Therefore a father is disqualified from testifying with his grandson. With his great-grandson, i.e., the fourth generation, he is acceptable, for he is of the first degree and the great-grandson, three degrees, removed. Similar laws apply with regard to women relatives.
What is implied? Two sisters or a brother and a sister - whether paternally or maternally related - are considered as one degree removed. Their children whether male or female are considered as two degrees removed and their grandchildren - including the sons of their sons and the daughters of their daughters - are considered as three degrees removed. Just as we count the degrees descendants are removed for males - one degree, two degrees, and three degrees - so, too, we count the degrees for females.
Halacha 6
Whenever a person is disqualified from testifying on behalf of a woman, he is also disqualified from testifying on behalf of her husband, for a husband is considered like his wife. Conversely, whenever a person is disqualified from testifying on behalf of a man, he is also disqualified from testifying on behalf of his wife, for a wife is considered like her husband.
Halacha 7
Whenever two women are removed by second degrees, their husbands may testify on behalf of each other. If, however, the women are one degree removed, e.g., a man married a woman, and a colleague married her daughter, the two men may not testify on each other's behalf.
Halacha 8
Similarly, the husbands of two sisters are disqualified with regard to each other and are considered as one degree removed.
Halacha 9
Similarly, a person should not testify on behalf of the son of his wife's sister, nor on behalf of the husband of the daughter of his wife's sister. He may, however, testify on behalf of the son of the husband of his wife's sister who was born to that person from another wife.
Halacha 10
Whenever a witness is disqualified from testifying on behalf of a colleague because he is married to the witness' relative, the witness may testify on behalf of the other relatives of that colleague, e.g., his son and his brother. Similarly, whenever a witness is disqualified from testifying on behalf of a woman because she is married to the witness' relative, the witness may testify on behalf of her other relatives, e.g., her son and her brother.
Halacha 11
The father of a bride and the father of a groom may testify on behalf of each other.
Halacha 12
A person's paternal brother may testify on behalf of that person's maternal brother and the maternal brother may testify on behalf of the paternal brother, for they have no connection whatsoever.
What is implied? Rachel married Joseph and bore him a son Reuven. Joseph had a son, Menashe, from another wife. Joseph died and Rachel married Shimon and bore him Judah. Menashe and Judah may testify on each other's behalf.
Halacha 13
A man and his wife are considered as being removed by one degree. Hence a husband may not testify on behalf of his wife's son, the wife of his wife's son, his wife's daughter, the husband of his wife's daughter, his wife's father, his wife's mother, the husband of his wife's mother, nor the wife of his wife's father.
Halacha 14
When a person has consecrated a woman, although the marriage bond has not been consummated, with regard to testimony, it is as if she is fully married.
To whom does the above apply? To the woman he consecrated herself; he may not testify on her behalf. If, however, he testifies on behalf of the relatives of the woman he consecrated, e.g., her sister's husband, her son or daughter, or the like, we do not disqualify him until he marries her.
Halacha 15
The Torah did not disqualify the testimony of relatives because we assume that they love each other, for a relative may not testify neither on his relative's behalf or against his interests. Instead, this is a Scriptural decree.
For this reason people who love each other or who hate each other are acceptable as witnesses even though they are not acceptable as judges. For the Scriptural decree disqualifies only relatives as witnesses.
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Rambam:
• 3 Chapters a Day: Malveh veLoveh Malveh veLoveh - Chapter 7, Malveh veLoveh Malveh veLoveh - Chapter 8, Malveh veLoveh Malveh veLoveh - Chapter 9
Malveh veLoveh - Chapter 7
Halacha 1
The following rules apply when a person lends money to a colleague, and the borrower gives the lender his field as security for a set time or until the borrower repays the lender, at which time, the lender will leave the field.
Although the lender benefits from all of the produce of the field, even if he consumes the entire value of the debt, he should not be removed from the field without any payment. The rationale is that if he were removed without payment, it would be as if one had expropriated money taken as "the shade of interest" through legal process. Needless to say, if the produce that the lender consumes i s worth more than the money he gave, the difference should not be expropriated by him.s Similarly, we do not calculate from one promissory note to another promissory note when property is given as security.
When the property given as security belongs to orphans, and the lender consumes an amount of produce equivalent to his debt, he is removed from the property without any payment. If, however, the lender's benefit exceeded the amount of the debt, we do not expropriate the additional amount from him. In the case of orphans, we may calculate from one promissory note to another promissory note.
What is meant by "calculating from one promissory note to another promissory note"? One field was given to a lender as security for a debt of 100 dinarim and another field was given to him as security for another debt for another 100 dinarim. If both fields belonged to the same person and the lender consumed produce worth 50 from one field and produce worth 150 from the other field, we tell him: "You already consumed 200 dinarim worth of produce; you are not owed anything more." For it is as if the two debts were one debt and security given for the entire sum as one.
Halacha 2
In a place where it is customary" to remove the lender from property given as security whenever the borrower pays the debt, it is as if this stipulation were explicitly stated. It is not necessary to make an explicit statement. Conversely, in a place where it is customary not to remove the lender from property until the conclusion of the term for which the property was given as security, it is as if this stipulation was explicitly stated.
Whenever a person gives property as security without specifying a term for the loan, he cannot remove the lender from the property until at least twelve months pass.
Halacha 3
Even in a place where it is customary to remove the lender from property given as security whenever the borrower desires to pay the debt, that custom can be superseded by an explicit condition. If a lender makes a stipulation that the borrower will not remove him from the property until after the full term for which the property was given as security, the borrower cannot pay the debt earlier and have him removed from the property.
In a place where it is customary not to remove the lender from property until after the full term for which the property was given as security, although the lender accepts a stipulation that he will leave the property whenever the borrower brings him his money, the stipulation is binding only when the lender affirms his commitment with a kinyan.
Halacha 4
In a place where it is customary to remove the lender from property given as security whenever the borrower pays the debt, a creditor of the lender is not entitled to expropriate this property to collect his debt, as he can other properties belonging to his debtor. Similarly, a firstborn does not receive a double portion of it, and the Sabbatical year nullifies the debt. When the borrower pays the debt and causes the lender to leave the field, the lender may not take even produce that is ripe and that has fallen to the ground. If, however, he lifted the produce up before he was forced to leave the property, he acquires the produce.
In a place where it is customary that the borrower cannot remove the lender from property given as security until the end of the term of the loan, a creditor of the lender may expropriate this property, a firstborn receives a double portion of it, and the Sabbatical year cannot nullify the debt.
Halacha 5
Although giving a field as security is forbidden and involves "the shade of interest," as explained, it is possible that this custom was established in error, in relation to a gentile, or practiced by a person who sinned and took property as security in that city. Since "the shade of interest is involved," we follow the local custom. There is someone who ruled that this is what is meant by making a deduction when taking security.
Halacha 6
When a gentile gives his courtyard as security to a Jew in return for a loan, and afterwards, the gentile sells it to another Jew, the person in possession of the security does not have to pay the Jewish owner rent from the time he purchased the courtyard. Instead, he may dwell in the courtyard without paying rent until the gentile repays the loan taken out against the courtyard. The rationale is that according to secular law, the property belongs to the person to whom it was given as security until the debt is repaid. Only then, he leaves the property.
Halacha 7
The following rules apply when a person designates a house or a field as security for a loan in his colleague's possession and the owner of the land derives the benefits from it. If the lender tells the borrower: "When you desire to sell this property, do not sell it to anyone but to me at this price," it is forbidden. If he told him: "Do not sell it to anyone else but to me at its fair value. It is on this condition that I am making the loan," it is permitted.
Halacha 8
It is permitted to increase the rent offered for land in return for delayed payment. What is implied? A person rents a colleague a courtyard and tells him: "If you pay me now, it is yours at ten selaim a year. If you pay me month by month, the rent is a sela per month." This arrangement is permissible.
Halacha 9
When a person rents a field to a colleague at ten korim a year, it is permissible for the tenant to tell the owner: "Give me a loan of 200 zuz to improve the field and I will pay you twelve korim a year." This is not considered interest, because if he uses this money to improve the field, it will be worth more to rent.
Similarly, if a person rents a colleague a store or a ship for ten dinarim, it is permissible for the renter to tell the owner: "Give me a loan of 200 zuz to use to remodel the store, decorate it and plaster it, or to improve the ship and its facilities, and I will pay you twelve dinarim per year." If, however, he tells him: "Give me a loan of 200 zuz so that I can do business with them in the store, purchase merchandise for the ship with them, or hire sailors, and I will increase the fee," that is forbidden.
Halacha 10
It is forbidden to increase the compensation paid a person in return for delayed payment. What is implied? A person should not tell a colleague: "Perform work for me today that is worth one silver piece and I will perform work for you in a later week that is worth two silver pieces.
Halacha 11
It is permissible for a person to tell a colleague: "Weed with me today in my field, and I will weed with you tomorrow in your field," or "Hoe with me today, and I will hoe with you tomorrow." He should not, however, tell him: "Weed for me and I will hoe for you later," or "Hoe for me and I will weed for you later." One law applies for the entire summer, and one law for the entire rainy season. A person should not, by contrast, say: "Plow for me in the summer and I will plow for you in the rainy season," for there is greater difficulty in plowing during the rainy season. Similar principles apply in all analogous situations.
Halacha 12
It is forbidden to hire a worker in the early winter to perform tasks in the later winter at a dinar a day and give him the money in advance, when a worker's wage in the winter is ordinarily a sela. The rationale is that it appears that he is giving him a loan immediately so that he will later reduce his wages.
It is, however, permissible for an employer to tell a worker: "Work for me from today until this and this time at a dinar a day," even though his wages would ordinarily be a sela a day. The rationale is that since he already began working, the worker is not considered to be receiving benefit for money that was paid to him in advance.
Malveh veLoveh - Chapter 8
Halacha 1
It is forbidden to increase the price offered for merchandise in return for delayed payment. What is implied? A person sold landed property or movable property to his colleague and told him: "If you pay me now, the price is 100 zuzim. If you delay payment until this and this time, the price is 120." This is considered "the shade of interest," for it is as if he takes 20 zuz in return for giving him 100 to use until the time specified.
If the seller calls the purchaser to court, he is liable to pay only the 100 that it was worth at the time of the sale. Alternatively, if the article he purchased is intact, he may return it. Similarly, it is forbidden to sell movable property for 100 zuz with the stipulation that payment need not be made until a certain time, when it is worth 90 zuz in the marketplace, if payment is to be given immediately.
Halacha 2
When, however, a person purchased an article for its fair market value on the condition that he may delay payment for twelve months, the seller may tell him: "Pay me a lesser amount now." There is no question of interest involved.
Halacha 3
It is permissible to sell a colleague a jug of wine that is worth a dinar for two dinarim on the condition that he does not pay until the summer," provided that he accepts the stipulation that if an accident occurs to it, the jug is the seller's responsibility until the purchaser sells it - i.e., if it is lost or broken, the purchaser does not have to pay anything. Moreover, if he cannot find anyone to purchase it at a profit, he may return it to the owner.
Similarly, it is permissible for a person to sell a colleague wine for two dinarim and tell him: "Anything more than two dinarim can be your profit, since you are involving yourself in its sale. And if you do not succeed in selling it at the price you desire, you can return it to me." In this situation, even if it is lost, stolen or becomes vinegar, it is the purchaser's responsibility.
Halacha 4
The following rules apply when a person possesses produce that has a selling price of ten dinarim in the marketplace, but if the purchaser sought to purchase it, he would have to purchase it for twelve. It is permissible to sell the produce for twelve dinarim to be paid after a twelve-month period. The rationale is that even if the purchaser brought his money immediately, he would pay twelve dinarim for it. Similar principles apply in all analogous situations.
5. It is forbidden to purchase fruit from an orchard before its growth is completed and it becomes ripe. The rationale is that the seller will sell it for less - e.g., he will sell produce for ten now, even though it will be worth twenty when its growth is completed. Thus, the increase is being given for the delayed delivery.
It is permissible, however, if he purchases a calf for a low price on the condition that it remain in the previous owner's possession until it grows older. For if the calf dies or becomes weakened, it is in the owner's possession. And it is common and frequent that an animal will become weak or die.
Halacha 6
The following rules apply when a person gives money to the owner of a vineyard for the twigs and branches that will eventually be cut off. When they are cut off, they will be expensive. At present, however, he purchases them at a low price because he must wait until they dry out and are cut off. He must till the land under the vines while they are still attached to the ground. Thus, he is buying a tree for its offshoots. If he does not till the land, the money he pays is like a loan. Since the branches are being purchased for a lower price because of the delayed delivery, it is forbidden.
Halacha 7
The following rules apply when watchmen in a field are given wheat from the grain heap as their wages at a price lower than its market value. When they go to the grain heap to collect their wages, they must perform work at the grainheap, so that they will be receiving the wheat at the conclusion of the time for which they were hired. If they do not do so, their wages will be considered as a loan extended to the employers, and the fact that they were given the wheat at a low price will be considered to be interest paid to them in return for the delay in paying their wages until the harvest reached the grain heap.
Halacha 8
Generally, the owners of fields would require sharecroppers to leave a field in Nissan. The sharecroppers would give the owners four se'ah for every portion of the field large enough to sow a kor as rent. It is permissible for an owner to allow his sharecroppers to remain in his field until lyyar, but to take from them six se'ah. This does not involve interest.
Halacha 9
It is permissible for the seller to give a purchaser more than the measure originally stipulated when the purchaser does not collect payment until afterwards. For example, a person purchased four se'ah of wheat at a sela; this was the market price. He paid the money at that time, but did not come to collect the wheat until later. When he came, the seller increased the measure and gave him more. This is permitted, because he willingly gave him more. Had he not desired, he would not have given him more, because there was no stipulation to that effect.
Halacha 10
When a person purchases a barrel of wine, it is permissible for him to pay the money to the seller and stipulate: "If it becomes vinegar from now until such and such a date, you are responsible. If, however, it increases or decreases in value, the barrel is mine." Since the purchaser also accepted the possibility of a depreciation in value, the transaction is considered as having the possibility of both gain and loss. Similar principles apply in all analogous situations.
Similarly, it is permissible for a person to buy 100 jugs of wine in Tishrei for a dinar each, but not to collect them until Tevet. And when he collects them, he may check each one, returning those that have become vinegar and taking those that are good wine. For he purchased only good wine from him. Those jugs whose contents became vinegar were fit to sour at the outset; it is just that the matter did not become known until later.
Halacha 11
In a place where it is customary to rent out ships and receive payment for them, it is permissible to include a stipulation that if the ship is damaged, those damages will be assessed and reimbursement made over and above the fee charged. Similarly, it is permissible to hire out a pot of brass and the like and receive payment for it, and also to receive compensation if its weight decreased. Similar laws apply in all analogous situations.
Halacha 12
It is forbidden to accept tzon barzel from another Jew, because this is considered "the shade of interest"?
What is meant by the term tzon barzel? A person owned 100 sheep. A shepherd accepted the responsibility of caring for them on the condition that the shearing, the offspring and the milk would be split, either evenly, or one getting a third or a fourth for a year or two, as they stipulated. Included in the agreement is the condition that if the sheep die, the shepherd must make restitution for them.
This is forbidden, because the owner of the sheep is very likely to realize a profit, and highly unlikely to suffer a loss. Therefore, such an arrangement is permissible if the owner of the sheep accepts the condition that should the value of the sheep increase or decrease or should they be seized by predators, they are considered within his domain. Similar principles apply in all analogous situations.
Halacha 13
The following laws apply when a person appraises an animal he receives from a colleague and tells him: "If it dies, I accept responsibility for 30 dinarim, and I will pay you a sela a month as a fee." This is permitted, because he did not establish this as the animal's value when alive, but only after its death.
Halacha 14
A woman may rent out a chicken to a friend so that it can sit on eggs until they hatch for two chicks. There is no question of interest involved.
Halacha 15
When a person owed a colleague four dinarim as interest and gave him an article worth five dinarim instead, when the interest is expropriated from him, five dinarim are taken. The rationale is that he received it as interest. Similarly, if the borrower gave the lender a garment or a utensil, that garment or that utensil itself should be returned to him. If, in lieu of the four dinarim he owed him, he rented him a property that was normally rented for three dinarim, four dinarim are expropriated from him, because he accepted the rental as being worth that price.
Malveh veLoveh - Chapter 9
Halacha 1
An order for produce cannot be placed until a market price has been established. Once a market price has been established, an order can be placed. Even though the person receiving the order does not have the desired produce, his colleague does.
What is implied? If the market price for wheat was fixed at four se'ah per sela, a purchaser may place an order of 100 se'ah and pay 25 sela. Even if the seller gives the purchaser the 100 se'ah of wheat later, at a time when a se'ah of wheat is selling for a sela, there is no interest involved at all. This applies even when the seller did not own any wheat at the time the order was placed.
When does the above apply? When the seller did not have in his possession any of the type of produce he sold. If, however, the seller had that type of produce in his possession, even if the work necessary to bring it to the market has not been completed, he may sell a produce order even though a market price has not been established. What is implied? If a farmer was one of the first to harvest, he may sell an order of grain even though the grain is still in the grainheap.
A person can sell an order for wine once the grapes have been reaped and placed in the vat. He can sell an order for oil, when it has been placed in the vat. An order for lime can be placed when it is lowered into the oven. And an order for earthenware vessels can be placed when the balls of clay" are made.
When is that necessary? When using white clay. But if dark clay is used, an order for utensils to be made from it can be placed even if the balls have not been made, for that clay is readily available. Even if one person does not possess, it another does. Similarly, a order for fertilizer may be placed throughout the year, even though the seller does not possess fertilizer himself, because it is continuously available.
Halacha 2
Whenever all that is necessary to complete a product is one or two tasks, an order can be placed with a seller. When three or more tasks are necessary, an order cannot be placed unless the market price has been issued. For since more than three tasks are necessary to complete the product, it is as if the person does not possess that type of substance at all, and as if it has not come into existence as of yet.
What is implied? When a grain heap must be a) placed in the sun to dry, b) threshed, and c) winnowed, the owner may not accept an order unless a market price has already been issued. If it was dry, and all that was necessary that it be threshed and winnowed, he may accept an order.
If balls of clay lack shaping, drying, being placed in the kiln, being fired and being removed, the owner may not accept an order. If they are dry, and all that was necessary that they be placed in the kiln and fired, he may accept an order. This applies when it is the custom of the seller to remove the utensils from the kiln. If the seller is the one who removes them, they are considered to require the performance of three tasks. The owner may not accept an order unless a market price has already been issued. Similar principles apply in all analogous situations.
Halacha 3
When a person who is going to milk his goats, shear his sheep or remove honey from his beehive meets a colleague, it is permissible for one to tell the other: "What I will milk from my goats is sold to you," "What I will shear from my sheep is sold to you," or "What I will remove from my beehive is sold to you." It is, however, forbidden for one to tell the other: "This and this amount of milk which I will milk from my goats is sold to you at this and this price," "This and this amount of wool that I will shear from my sheep is sold to you at this and this price," or "This and this amount of honey that I will remove from my beehive is sold to you at this and this price" unless he takes an order at the market price. Similar principles apply in all analogous situations.
Halacha 4
Orders cannot be placed based on the market price of towns, because it is not firmly established, only on a market price established in a large city. If new wheat was being sold in a city at four se'ah for a sela and older wheat at three se'ah for a sela, an order may not be placed until an equal price is established for both the new and the old grain.
If wheat sold by gatherers was selling at four se'ah for a sela and wheat sold by a householder at three, one may place an order from a gatherer at the price of the gatherers. An order from a householder at the price of the gatherers may not be placed unless the price for householders is established at the same rate.
Halacha 5
Once a market price has been established, it is permissible to place an order even for a high rate of exchange.
What is implied? Wheat was being sold at four se'ah for a sela and a purchaser placed an order that a seller would later give him wheat at a low rate of exchange. If the price of wheat was later established at ten se'ah for a sela, the seller must give him ten se'ah as is the market price, for he placed an order at the high rate of exchange.
If the purchaser gave the seller money without making a stipulation and without placing an order for the high rate of exchange, and the price of the produce fell, the seller may give the purchaser the produce at the price that the produce was worth when the money was paid. If a person reneges on his commitment, he receives the adjuration mi shepara.
When does the above apply? When a person is placing an order for himself. When, however, a person is acting as an agent, either for the buyer or the seller, either the purchaser receives at the lower price or the seller must return the funds. When an agent was involved, the purchaser is not required to receive the adjuration mi shepara if he retracts because of the agent's error. For he will say: "I charged you with improving my position, not with undermining it," as explained above.
Halacha 6
The following laws apply when wheat was being sold at four se'ah per sela, the seller took the money and promised to give the purchaser five se'ah for a sela. If the seller possesses wheat at that time, it is permitted. If the seller does not possess wheat, or even if he is owed a debt of wheat by others and he takes the money on condition that he collects what he is owed and gives it to the purchaser, it is forbidden. The rationale is that at the time of the transaction, the wheat has not yet been collected, and it is as if it does not exist. Hence, it is as if he fixed a time for a later delivery and reduced the price because of the postponement.
Halacha 7
When wheat is selling at four se'ah for a sela in the large cities and six se'ah per sela in the villages, it is permitted to give a merchant a sela so that he will bring six se'ah from a village by a particular date. The wheat must, however, be considered to be in the possession of the purchaser. Thus, if is lost or stolen on the way, the purchaser suffers the loss.
It is forbidden for a distinguished person to carry out such a transaction. And if the transaction involves several types of merchandise, it is forbidden for all people to carry out such transactions. The rationale is that such types of merchandise are not continuously found in villages, in contrast to produce that is.
Halacha 8
When donkey-drivers enter a city where the market-price is four se'ah for a sela, it is permitted for them to lower the price and sell wheat to their acquaintances or their brokers at five se'ah a sela in return for money given them at the outset, as soon as they enter the city, before they open their sacks and sell to others. The rationale is that they are not selling to them at the lower price because they gave them the money immediately and will not collect the produce until later, but because they inform them concerning the market price and offer them assistance.
Halacha 9
The following rules apply when a person who is transporting his produce from one place to another place meets a colleague who tells him: "Give me your produce and I will give you produce that I possess in return at your destination." If the purchaser possesses such produce at that place, the transaction is permitted. If not, it is forbidden.
Slightly different laws apply when a person was transporting merchandise from place to place and a colleague ttild him: "Give me the merchandise and I will pay you the price it would be worth at your destination." If the seller is responsible for the merchandise until it reaches that destination, the transaction is permitted. If the purchaser is responsible, it is forbidden.
Halacha 10
It is permissible for a person to give the owner of a garden payment for ten specific cucumbers or for ten specific watermelons, even though they are small and he stipulated that he would give them to him when they grow to full size. The rationale is that the seller leaves them and they grow by themselves. If he cut them off now, others would not grow in their place. Similar laws apply in all analogous cases where the seller will not suffer any loss or detriment by selling in advance.
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Hayom Yom:
Sunday, 9 Cheshvan 5775 • 2 November 2014
"Today's Day"
Sunday, Cheshvan 9, 5704
Torah lessons: Chumash: Vayeira, first parsha with Rashi.
Tehillim: 49-54.
Tanya: Now, the celestial (p. 559) ...nations of the world." (p. 561).
When my father was four or five years old he went to his grandfather, the Tzemach Tzedek, on Shabbat Vayeira, and began to cry as he asked, "Why did G-d show Himself to our father Avraham - but He does not show Himself to us?" The Tzemach Tzedek answered him: "When a tzadik decides at the age of ninety-nine years that he should be circumcised, he deserves that G-d appear to him."1
FOOTNOTES
1. Viz. Likutei Sichot Vol. 1, p. 23 et seq., Vol. 5, p. 86 et seq., p. 321 et seq., Vol. 15 p. 129 et seq.
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Daily Thought:
Food Beyond the Angels(Vayeirah)
Abraham stood over them under the tree and they ate.—Genesis 18:8
When Abraham stood over them, only then were the angels capable of eating.—Rabbi Dov Ber of Lubavitch
What more spiritual activity could there be than eating, when it is done not only with the mouth, but with the mind? When a human being eats and his mind and soul are engaged, he separates the good from the bad, the divine from the mundane, and carries the food to a higher realm. And then the divine sparks he has discovered within the food carry him yet higher.
The angels are incapable of such a feat—unless a human soul provides them the power. For, in mindful eating, the human soul reaches beyond the entire order of being. As the Creator formed from the spiritual the physical, so the human being transforms the physical into spiritual.(Maamar, Vayeira, 5738 (1977))
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Sunday, Cheshvan 9, 5704
Torah lessons: Chumash: Vayeira, first parsha with Rashi.
Tehillim: 49-54.
Tanya: Now, the celestial (p. 559) ...nations of the world." (p. 561).
When my father was four or five years old he went to his grandfather, the Tzemach Tzedek, on Shabbat Vayeira, and began to cry as he asked, "Why did G-d show Himself to our father Avraham - but He does not show Himself to us?" The Tzemach Tzedek answered him: "When a tzadik decides at the age of ninety-nine years that he should be circumcised, he deserves that G-d appear to him."1
FOOTNOTES
1. Viz. Likutei Sichot Vol. 1, p. 23 et seq., Vol. 5, p. 86 et seq., p. 321 et seq., Vol. 15 p. 129 et seq.
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Daily Thought:
Food Beyond the Angels(Vayeirah)
Abraham stood over them under the tree and they ate.—Genesis 18:8
When Abraham stood over them, only then were the angels capable of eating.—Rabbi Dov Ber of Lubavitch
What more spiritual activity could there be than eating, when it is done not only with the mouth, but with the mind? When a human being eats and his mind and soul are engaged, he separates the good from the bad, the divine from the mundane, and carries the food to a higher realm. And then the divine sparks he has discovered within the food carry him yet higher.
The angels are incapable of such a feat—unless a human soul provides them the power. For, in mindful eating, the human soul reaches beyond the entire order of being. As the Creator formed from the spiritual the physical, so the human being transforms the physical into spiritual.(Maamar, Vayeira, 5738 (1977))
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