Chabad - Today in Judaism - TODAY IS: Wednesday, 19 Cheshvan 5775 • 12 November 2014

Chabad - Today in Judaism - TODAY IS: Wednesday, 19 Cheshvan 5775 • 12 November 2014
Today's Laws & Customs:

Today in Jewish History:
DAILY QUOTE:
Everything that G-d does is for the best(Rabbi Akiva (Talmud, Berachot 60b))

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Chayei Sarah, 4th Portion (Genesis 24:27-24:52) with Rashi
• Chapter 24
27. And he said, "Blessed is the Lord, the God of my master, Abraham, Who has not forsaken His loving kindness and His truth from my master. As for me, the Lord led me on the road to the house of my master's kinsmen." כז. וַיֹּאמֶר בָּרוּךְ יְהֹוָה אֱלֹהֵי אֲדֹנִי אַבְרָהָם אֲשֶׁר לֹא עָזַב חַסְדּוֹ וַאֲמִתּוֹ מֵעִם אֲדֹנִי אָנֹכִי בַּדֶּרֶךְ נָחַנִי יְהֹוָה בֵּית אֲחֵי אֲדֹנִי:
on the road: on the designated road, the straight road, on the very road that I needed. Likewise, every “beth,” “lammed,” and “hey,” that serve as a prefix and are vowelized with a “pattach” refer to something specific, already mentioned elsewhere, or of [some object] where it is clear and obvious about what one is speaking. [i.e., The“pattach” under the prefix denotes the הֵא הַיְדִיעָה, the definite article.]
בדרך: דרך המיומן, דרך הישר, באותו דרך שהייתי צריך. וכן כל בי"ת ולמ"ד וה"א המשמשים בראש התיבה ונקודים בפת"ח מדברים בדבר הפשוט שנזכר כבר במקום אחר או שהוא מבורר וניכר באיזו הוא מדבר:
28. And the maiden ran, and she told her mother's house what had happened. כח. וַתָּרָץ הַנַּעֲרָה וַתַּגֵּד לְבֵית אִמָּהּ כַּדְּבָרִים הָאֵלֶּה:
her mother’s house: It was customary for women to have a house in which to stay to do their work, and a daughter confides only in her mother. — [Gen. Rabbah 60:7]
לבית אמה: דרך הנשים היתה להיות להן בית לישב בו למלאכתן, ואין הבת מגדת אלא לאמה:
29. Now Rebecca had a brother whose name was Laban, and Laban ran to the man outside, to the fountain. כט. וּלְרִבְקָה אָח וּשְׁמוֹ לָבָן וַיָּרָץ לָבָן אֶל הָאִישׁ הַחוּצָה אֶל הָעָיִן:
and Laban ran: Why did he run and for what did he run? “Now it came to pass, when he saw the nose ring,” he said, “This person is rich,” and he set his eyes on the money. — [Gen. Rabbah 60:7]
וירץ: למה וירץ ועל מה רץ, ויהי כראות את הנזם, אמר עשיר הוא זה, ונתן עיניו בממון:
30. And it came to pass, when he saw the nose ring and the bracelets on his sister's hands, and when he heard the words of his sister Rebecca, saying, "So did the man speak to me, " that he came to the man, and behold, he was standing over the camels at the fountain. ל. וַיְהִי | כִּרְאֹת אֶת הַנֶּזֶם וְאֶת הַצְּמִדִים עַל יְדֵי אֲחֹתוֹ וּכְשָׁמְעוֹ אֶת דִּבְרֵי רִבְקָה אֲחֹתוֹ לֵאמֹר כֹּה דִבֶּר אֵלַי הָאִישׁ וַיָּבֹא אֶל הָאִישׁ וְהִנֵּה עֹמֵד עַל הַגְּמַלִּים עַל הָעָיִן:
over the camels: to guard them, as (above 18:8):“And he was standing over them,” in order to serve them.
על הגמלים: לשמרן, כמו (לעיל יח ח) והוא עומד עליהם, לשמשם:
31. And he said, "Come, you who are blessed of the Lord. Why should you stand outside, when I have cleared the house, and a place for the camels?" לא. וַיֹּאמֶר בּוֹא בְּרוּךְ יְהֹוָה לָמָּה תַעֲמֹד בַּחוּץ וְאָנֹכִי פִּנִּיתִי הַבַּיִת וּמָקוֹם לַגְּמַלִּים:
when I have cleared the house: of idolatry. — [Gen. Rabbah 60:7]
פניתי הבית: מעבודה זרה:
32. So the man came to the house and unmuzzled the camels, and he gave straw and fodder to the camels and water to wash his feet and the feet of the men who were with him. לב. וַיָּבֹא הָאִישׁ הַבַּיְתָה וַיְפַתַּח הַגְּמַלִּים וַיִּתֵּן תֶּבֶן וּמִסְפּוֹא לַגְּמַלִּים וּמַיִם לִרְחֹץ רַגְלָיו וְרַגְלֵי הָאֲנָשִׁים אֲשֶׁר אִתּוֹ:
and unmuzzled the camels: He loosened their muzzles, for he would shut their mouths so that they would not graze along the way in fields belonging to others. — [Gen. Rabbah 60:8, Targum Jonathan]
ויפתח: התיר זמם שלהם, שהיה סותם את פיהם שלא ירעו בדרך בשדות אחרים:
33. And [food] was set before him to eat, but he said, "I will not eat until I have spoken my words." And he said, "Speak." לג. וַיּוּשָׂם לְפָנָיו לֶאֱכֹל וַיֹּאמֶר לֹא אֹכַל עַד אִם דִּבַּרְתִּי דְּבָרָי וַיֹּאמֶר דַּבֵּר:
until I have spoken: Here אִם serves as an expression of אִשֶׁר, [that] and as an expression of כּי, as in (below 49: 10):“Until (עַד כִּי) Shiloh will come.” This is what our Sages of blessed memory said (Rosh Hashanah 3a): The word כִּי serves for four meanings. One of these is [the Aramaic] אִי, which is equivalent to [the Hebrew] אִם.
עד אם דברתי: הרי אם משמש בלשון אשר ובלשון כי, כמו (לקמן מט י) עד כי יבא שילה, וזה שאמרו חכמינו ז"ל כי משמש בארבע לשונות, והאחת אי, והוא אם:  
34. And he said, "I am Abraham's servant. לד. וַיֹּאמַר עֶבֶד אַבְרָהָם אָנֹכִי:
35. And the Lord blessed my master exceedingly, and he became great, and He gave him sheep and cattle, silver and gold, man servants and maid servants, camels and donkeys. לה. וַיהֹוָה בֵּרַךְ אֶת אֲדֹנִי מְאֹד וַיִּגְדָּל וַיִּתֶּן לוֹ צֹאן וּבָקָר וְכֶסֶף וְזָהָב וַעֲבָדִם וּשְׁפָחֹת וּגְמַלִּים וַחֲמֹרִים:
36. And Sarah, my master's wife, bore a son to my master after she had become old, and he gave him all that he possesses. לו. וַתֵּלֶד שָׂרָה אֵשֶׁת אֲדֹנִי בֵן לַאדֹנִי אַחֲרֵי זִקְנָתָהּ וַיִּתֶּן לוֹ אֶת כָּל אֲשֶׁר לוֹ:
and he gave him all that he possesses: He showed them a gift deed.
ויתן לו את כל אשר לו: שטר מתנה הראה להם:
37. And my master adjured me, saying, 'You shall not take a wife for my son from the daughters of the Canaanites, in whose land I dwell. לז. וַיַּשְׁבִּעֵנִי אֲדֹנִי לֵאמֹר לֹא תִקַּח אִשָּׁה לִבְנִי מִבְּנוֹת הַכְּנַעֲנִי אֲשֶׁר אָנֹכִי ישֵׁב בְּאַרְצוֹ:
You shall not take a wife for my son from the daughters of the Canaanites: unless you first go to my father’s house, and she will not wish to follow you.
לא תקח אשה לבני מבנות הכנעני: אם לא תלך תחלה אל בית אבי ולא תאבה ללכת אחריך:
38. Instead, you must go to my father's house and to my family, and take a wife for my son.' לח. אִם לֹא אֶל בֵּית אָבִי תֵּלֵךְ וְאֶל מִשְׁפַּחְתִּי וְלָקַחְתָּ אִשָּׁה לִבְנִי:
39. And I said to my master, 'Perhaps the woman will not follow me?' לט. וָאֹמַר אֶל אֲדֹנִי אֻלַי לֹא תֵלֵךְ הָאִשָּׁה אַחֲרָי:
Perhaps the woman will not follow me: It [the word אֻלַי (perhaps)] is written [without a“vav” and may be read] אֵלַי (to me). Eliezer had a daughter, and he was looking for a pretext so that Abraham would tell him, to turn to him, to marry off his daughter to him (Isaac). Abraham said to him,“My son is blessed, and you are cursed [Eliezer was a descendant of Canaan who had been cursed by Noah], and an accursed one cannot unite with a blessed one.”
אלי לא תלך האשה: אלי כתיב, בת היתה לו לאליעזר והיה מחזר למצוא עילה שיאמר לו אברהם לפנות אליו להשיאו בתו, אמר לו אברהם בני ברוך ואתה ארור, ואין ארור מדבק בברוך:  
40. And he said to me, 'The Lord, before Whom I walked, will send His angel with you and make your way prosper, and you shall take a wife for my son from my family and from my father's house. מ. וַיֹּאמֶר אֵלָי יְהֹוָה אֲשֶׁר הִתְהַלַּכְתִּי לְפָנָיו יִשְׁלַח מַלְאָכוֹ אִתָּךְ וְהִצְלִיחַ דַּרְכֶּךָ וְלָקַחְתָּ אִשָּׁה לִבְנִי מִמִּשְׁפַּחְתִּי וּמִבֵּית אָבִי:
41. You will then be absolved from my oath, when you come to my family, and if they do not give [her] to you, you will be absolved from my oath.' מא. אָז תִּנָּקֶה מֵאָלָתִי כִּי תָבוֹא אֶל מִשְׁפַּחְתִּי וְאִם לֹא יִתְּנוּ לָךְ וְהָיִיתָ נָקִי מֵאָלָתִי:
42. So I came today to the fountain, and I said, 'O Lord, God of my master Abraham, if You desire to prosper my way upon which I am going מב. וָאָבֹא הַיּוֹם אֶל הָעָיִן וָאֹמַר יְהֹוָה אֱלֹהֵי אֲדֹנִי אַבְרָהָם אִם יֶשְׁךָ נָּא מַצְלִיחַ דַּרְכִּי אֲשֶׁר אָנֹכִי הֹלֵךְ עָלֶיהָ:
So I came today: Today I left, and today I arrived. From here we learn that the earth shrank for him [i.e., his journey was miraculously shortened]. Rabbi Acha said: The ordinary conversation of the servants of the Patriarchs is more beloved before the Omnipresent than the Torah of their sons, for the section dealing with Eliezer is repeated in the Torah, whereas many fundamentals of the Torah were given only through allusions. — [Gen. Rabbah 60:8]
ואבא היום: היום יצאתי והיום באתי, מכאן שקפצה לו הארץ. אמר רבי אחא יפה שיחתן של עבדי אבות לפני המקום מתורתן של בנים, שהרי פרשה של אליעזר כפולה בתורה, והרבה גופי תורה לא נתנו אלא ברמיזה:
43. Behold, I am standing by the water fountain. When a maiden comes out to draw [water], I will say to her, 'Please, give me a little water to drink from your pitcher.' מג. הִנֵּה אָנֹכִי נִצָּב עַל עֵין הַמָּיִם וְהָיָה הָעַלְמָה הַיֹּצֵאת לִשְׁאֹב וְאָמַרְתִּי אֵלֶיהָ הַשְׁקִינִי נָא מְעַט מַיִם מִכַּדֵּךְ:
44. And [if] she will say to me, 'You too may drink, and I will also draw water for your camels,' she is the woman whom the Lord has designated for my master's son.' מד. וְאָמְרָה אֵלַי גַּם אַתָּה שְׁתֵה וְגַם לִגְמַלֶּיךָ אֶשְׁאָב הִוא הָאִשָּׁה אֲשֶׁר הֹכִיחַ יְהֹוָה לְבֶן אֲדֹנִי:
You too: [The word] גַּם (also), includes the people who were with him.
גם אתה: גם לרבות אנשים שעמו:
designated: [Meaning]: He clarified and made known, and likewise, every expression of הוֹכָחָה in Scripture denotes clarification of a matter.
הוכיח: בירר והודיע, וכן כל הוכחה שבמקרא ברור דבר:
45. I had not yet finished speaking thus in my heart, and behold, Rebecca came out with her pitcher on her shoulder, and she went down to the fountain and drew water, and I said to her, 'Please give me to drink.' מה. אֲנִי טֶרֶם אֲכַלֶּה לְדַבֵּר אֶל לִבִּי וְהִנֵּה רִבְקָה יֹצֵאת וְכַדָּהּ עַל שִׁכְמָהּ וַתֵּרֶד הָעַיְנָה וַתִּשְׁאָב וָאֹמַר אֵלֶיהָ הַשְׁקִינִי נָא:
I had not yet finished: [Meaning]:“I was not yet finishing.” And similarly, wherever the present tense is called for, sometimes the past tense is used, and it could have been written טֶרֶם כִּלִתִי (past tense), “I had not yet finished;” and sometimes the future tense is used. An example [that a verb denoting continuous action is sometimes expressed in the past and sometimes in the future] is (Job 1: 5):“for Job would say” (אָמַר) : this is in the past tense.“So would Job do” (יַעִשֶׂה) : this is in the future tense. But the meaning of both is in the present tense, [namely] “for so would Job say: Perhaps my sons have sinned? and so he would do this” [in a continuous fashion].
טרם אכלה: טרם שאני מכלה, וכן כל לשון הווה פעמים שהוא מדבר בלשון עבר ויכול לכתוב כמו טרם כליתי, ופעמים שמדבר בלשון עתיד, כמו (איוב א ה) כי אמר איוב, הרי לשון עבר, (שם) ככה יעשה איוב הרי לשון עתיד. ופירוש שניהם לשון הווה, כי אומר היה איוב (שם) אולי חטאו בני וגו' והיה עושה כך:
46. And she hastened and lowered her pitcher from upon her, and she said, 'Drink, and I will also water your camels.' So I drank, and she also watered the camels. מו. וַתְּמַהֵר וַתּוֹרֶד כַּדָּהּ מֵעָלֶיהָ וַתֹּאמֶר שְׁתֵה וְגַם גְּמַלֶּיךָ אַשְׁקֶה וָאֵשְׁתְּ וְגַם הַגְּמַלִּים הִשְׁקָתָה:
47. And I asked her, and I said, 'Whose daughter are you?' And she replied, 'The daughter of Bethuel the son of Nahor, whom Milcah bore to him.' And I placed the nose ring on her nose and the bracelets on her hands. מז. וָאֶשְׁאַל אֹתָהּ וָאֹמַר בַּת מִי אַתְּ וַתֹּאמֶר בַּת בְּתוּאֵל בֶּן נָחוֹר אֲשֶׁר יָלְדָה לּוֹ מִלְכָּה וָאָשִׂם הַנֶּזֶם עַל אַפָּהּ וְהַצְּמִידִים עַל יָדֶיהָ:
And I asked…and I placed: He reversed the sequence of events, because, in fact, he had first given [her the jewelry] and then asked [about her family]. But [he changed the order] lest they catch him in his words and say,“How did you give her [the jewelry] when you did not yet know who she was?”
ואשאל ואשים: שנה הסדר, שהרי הוא תחלה נתן ואחר כך שאל, אלא שלא יתפשוהו בדבריו ויאמרו היאך נתת לה, ועדיין אינך יודע מי היא:
48. And I kneeled and prostrated myself to the Lord, and I blessed the Lord, the God of my master Abraham, Who led me on the true path, to take the daughter of my master's brother for his son. מח. וָאֶקֹּד וָאֶשְׁתַּחֲוֶה לַיהֹוָה וָאֲבָרֵךְ אֶת יְהֹוָה אֱלֹהֵי אֲדֹנִי אַבְרָהָם אֲשֶׁר הִנְחַנִי בְּדֶרֶךְ אֱמֶת לָקַחַת אֶת בַּת אֲחִי אֲדֹנִי לִבְנוֹ:
49. And now, if you will do loving kindness and truth with my master, tell me, and if not, tell me, and I will turn to the right or to the left." מט. וְעַתָּה אִם יֶשְׁכֶם עֹשִׂים חֶסֶד וֶאֱמֶת אֶת אֲדֹנִי הַגִּידוּ לִי וְאִם לֹא הַגִּידוּ לִי וְאֶפְנֶה עַל יָמִין אוֹ עַל שְׂמֹאל:
to the right: [This refers to a wife] from the daughters of Ishmael.
על ימין: מבנות ישמעאל:
to the left: [This refers to a wife] from the daughters of Lot, who dwelt to the left of Abraham (Gen. Rabbah 60:9).
על שמאל: מבנות לוט שהיה יושב לשמאלו של אברהם:
50. And Laban and Bethuel answered and said, "The matter has emanated from the Lord. We cannot speak to you either bad or good. נ. וַיַּעַן לָבָן וּבְתוּאֵל וַיֹּאמְרוּ מֵיהֹוָה יָצָא הַדָּבָר לֹא נוּכַל דַּבֵּר אֵלֶיךָ רַע אוֹ טוֹב:
And Laban and Bethuel answered: He [Laban] was wicked and jumped to reply before his father.
ויען לבן ובתואל: רשע היה וקפץ להשיב לפני אביו:
We cannot speak to you: to refuse in this matter, either with an unfavorable reply, or with an appropriate reply, because it is obvious that the matter has emanated from the Lord, according to your words, that He designated her for you.
לא נוכל דבר אליך: למאן בדבר הזה, לא על ידי תשובת דבר רע ולא על ידי תשובת דבר הגון לפי שניכר שמה' יצא הדבר, לפי דבריך שזימנה לך:
51. Behold Rebecca is before you, take [her] and go, and let her be a wife for your master's son, as the Lord has spoken." נא. הִנֵּה רִבְקָה לְפָנֶיךָ קַח וָלֵךְ וּתְהִי אִשָּׁה לְבֶן אֲדֹנֶיךָ כַּאֲשֶׁר דִּבֶּר יְהֹוָה:
52. Now it came to pass when Abraham's servant heard their words, that he prostrated himself on the ground to the Lord. נב. וַיְהִי כַּאֲשֶׁר שָׁמַע עֶבֶד אַבְרָהָם אֶת דִּבְרֵיהֶם וַיִּשְׁתַּחוּ אַרְצָה לַיהֹוָה:
that he prostrated himself on the ground: From here [we learn] that we must give thanks for good tidings.
וישתחו ארצה: מכאן שמודים על בשורה טובה:
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Daily Tehillim: Psalms Chapters 90-96
• Chapter 90
David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Chapter 91
This psalm inspires the hearts of the people to seek shelter under the wings of the Divine Presence. It also speaks of the four seasons of the year, and their respective ministering powers, instructing those who safeguard their souls to avoid them.
1. You who dwells in the shelter of the Most High, who abides in the shadow of the Omnipotent:
2. I say of the Lord who is my refuge and my stronghold, my God in whom I trust,
3. that He will save you from the ensnaring trap, from the destructive pestilence.
4. He will cover you with His pinions and you will find refuge under His wings; His truth is a shield and an armor.
5. You will not fear the terror of the night, nor the arrow that flies by day;
6. the pestilence that prowls in the darkness, nor the destruction that ravages at noon.
7. A thousand may fall at your [left] side, and ten thousand at your right, but it shall not reach you.
8. You need only look with your eyes, and you will see the retribution of the wicked.
9. Because you [have said,] "The Lord is my shelter," and you have made the Most High your haven,
10. no evil will befall you, no plague will come near your tent.
11. For He will instruct His angels in your behalf, to guard you in all your ways.
12. They will carry you in their hands, lest you injure your foot upon a rock.
13. You will tread upon the lion and the viper; you will trample upon the young lion and the serpent.
14. Because he desires Me, I will deliver him; I will fortify him, for he knows My Name.
15. When he calls on Me, I will answer him; I am with him in distress. I will deliver him and honor him.
16. I will satiate him with long life, and show him My deliverance.
Chapter 92
Sung every Shabbat by the Levites in the Holy Temple, this psalm speaks of the World to Come, and comforts the hearts of those crushed by suffering.
1. A psalm, a song for the Shabbat day.
2. It is good to praise the Lord, and to sing to Your Name, O Most High;
3. to proclaim Your kindness in the morning, and Your faithfulness in the nights,
4. with a ten-stringed instrument and lyre, to the melody of a harp.
5. For You, Lord, have gladdened me with Your deeds; I sing for joy at the works of Your hand.
6. How great are Your works, O Lord; how very profound Your thoughts!
7. A brutish man cannot know, a fool cannot comprehend this:
8. When the wicked thrive like grass, and all evildoers flourish-it is in order that they may be destroyed forever.
9. But You, Lord, are exalted forever.
10. Indeed, Your enemies, O Lord, indeed Your enemies shall perish; all evildoers shall be scattered.
11. But You have increased my might like that of a wild ox; I am anointed with fresh oil.
12. My eyes have seen [the downfall of] my watchful enemies; my ears have heard [the doom of] the wicked who rise against me.
13. The righteous will flourish like a palm tree, grow tall like a cedar in Lebanon.
14. Planted in the House of the Lord, they shall blossom in the courtyards of our God.
15. They shall be fruitful even in old age; they shall be full of sap and freshness-
16. to declare that the Lord is just; He is my Strength, and there is no injustice in Him.
Chapter 93
This psalm speaks of the Messianic era, when God will don grandeur-allowing no room for man to boast before Him as did Nebuchadnezzar, Pharaoh, and Sennacherib.
1. The Lord is King; He has garbed Himself with grandeur; the Lord has robed Himself, He has girded Himself with strength; He has also established the world firmly that it shall not falter.
2. Your throne stands firm from of old; You have existed forever.
3. The rivers have raised, O Lord, the rivers have raised their voice; the rivers raise their raging waves.
4. More than the sound of many waters, than the mighty breakers of the sea, is the Lord mighty on High.
5. Your testimonies are most trustworthy; Your House will be resplendent in holiness, O Lord, forever.
Chapter 94
An awe-inspiring and wondrous prayer with which every individual can pray for the redemption. It is also an important moral teaching.
1. The Lord is a God of retribution; O God of retribution, reveal Yourself!
2. Judge of the earth, arise; render to the arrogant their recompense.
3. How long shall the wicked, O Lord, how long shall the wicked exult?
4. They continuously speak insolently; all the evildoers act arrogantly.
5. They crush Your people, O Lord, and oppress Your heritage.
6. They kill the widow and the stranger, and murder the orphans.
7. And they say, "The Lord does not see, the God of Jacob does not perceive.”
8. Understand, you senseless among the people; you fools, when will you become wise?
9. Shall He who implants the ear not hear? Shall He who forms the eye not see?
10. Shall He who chastises nations not punish? Shall He who imparts knowledge to man [not know]?
11. The Lord knows the thoughts of man, that they are naught.
12. Fortunate is the man whom You chastise, O Lord, and instruct him in Your Torah,
13. bestowing upon him tranquillity in times of adversity, until the pit is dug for the wicked.
14. For the Lord will not abandon His people, nor forsake His heritage.
15. For judgment shall again be consonant with justice, and all the upright in heart will pursue it.
16. Who would rise up for me against the wicked ones; who would stand up for me against the evildoers?
17. Had the Lord not been a help to me, my soul would have soon dwelt in the silence [of the grave].
18. When I thought that my foot was slipping, Your kindness, O Lord, supported me.
19. When my [worrisome] thoughts multiply within me, Your consolation delights my soul.
20. Can one in the seat of evil, one who makes iniquity into law, consort with You?
21. They band together against the life of the righteous, and condemn innocent blood.
22. The Lord has been my stronghold; my God, the strength of my refuge.
23. He will turn their violence against them and destroy them through their own wickedness; the Lord, our God, will destroy them.
Chapter 95
This psalm speaks of the future, when man will say to his fellow, "Come, let us sing and offer praise to God for the miracles He has performed for us!"
1. Come, let us sing to the Lord; let us raise our voices in jubilation to the Rock of our deliverance.
2. Let us approach Him with thanksgiving; let us raise our voices to Him in song.
3. For the Lord is a great God, and a great King over all supernal beings;
4. in His hands are the depths of the earth, and the heights of the mountains are His.
5. Indeed, the sea is His, for He made it; His hands formed the dry land.
6. Come, let us prostrate ourselves and bow down; let us bend the knee before the Lord, our Maker.
7. For He is our God, and we are the people that He tends, the flock under His [guiding] hand-even this very day, if you would but hearken to His voice!
8. Do not harden your heart as at Merivah, as on the day at Massah in the wilderness,
9. where your fathers tested Me; they tried Me, though they had seen My deeds.
10. For forty years I quarreled with that generation; and I said, "They are a people of erring hearts, they do not know My ways.”
11. So I vowed in My anger that they would not enter My resting place.
Chapter 96
The time will yet come when man will say to his fellow: "Come, let us sing to God!"
1. Sing to the Lord a new song; sing to the Lord, all the earth.
2. Sing to the Lord, bless His Name; proclaim His deliverance from day to day.
3. Recount His glory among the nations, His wonders among all the peoples.
4. For the Lord is great and highly praised; He is awesome above all gods.
5. For all the gods of the nations are naught, but the Lord made the heavens.
6. Majesty and splendor are before Him, might and beauty in His Sanctuary.
7. Render to the Lord, O families of nations, render to the Lord honor and might.
8. Render to the Lord honor due to His Name; bring an offering and come to His courtyards.
9. Bow down to the Lord in resplendent holiness; tremble before Him, all the earth.
10. Proclaim among the nations, "The Lord reigns"; indeed, the world is firmly established that it shall not falter; He will judge the peoples with righteousness.
11. The heavens will rejoice, the earth will exult; the sea and its fullness will roar.
12. The fields and everything therein will jubilate; then all the trees of the forest will sing.
13. Before the Lord [they shall rejoice], for He has come, for He has come to judge the earth; He will judge the world with justice, and the nations with His truth.
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Tanya: Iggeret HaKodesh, middle of Epistle 29
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, 19 Cheshvan 5775 • 12 November 2014
Iggeret HaKodesh, middle of Epistle 29
והנה אור זה הגנוז לצדיקים לע"ל הנק' בשם נועם ה' וצחצחות להתענג עלה'
Now this light, hidden away for the righteous for the Time to Come, is termed (as above) the "pleasantness of G-d," and the "pleasurable thirst" of "delighting in G-d,
וד' מאות עלמין דכסופין דמתענגי בהון צדיקייא כו' כמ"ש ארבע מאות שקל כסף כו'
" and also1 "the 400 Worlds of Longing in which the tzaddikim delight..." as it is written,2 "400 shekalim of silver (kesef)..."
The Aramaic phrase translated "Worlds of Longing" is almin dekisufin. The root of the second word (kesef) means not only "silver" but also "longing" (as in the phrase3 nichsof nichsafta). Hence the Kabbalah relates the above reference to "400 shekalim of kesef" to the 400 Worlds of Longing whose spiritual delights are reserved for tzaddikim.
הנה יש בו מעלות ומדרגות רבות מאד גבוה מעל גבוה
This [light] comprises very many rungs and levels, one superior to the other.
אך הארה מועטת היורדת מדרגה אחר מדרגה לברוא לבוש זה היא מבחי' מדרגה האחרונה שבאור זה
But the minute radiation, which descends level after level to create this garment that garbs the soul, belongs to the lowest level of this light.
ונקראת בשם מדרגה החיצונה ואחוריים דרך משל
Metaphorically speaking, it is referred to as the external level, or achorayim,
כמ"ש בזהר דר"ח ע"ב (עיין בס' מק"מ) ור"י ע"ב ומה דאשתאר כו'
as stated in the Zohar, p. 208b (4 cf. the commentary entitled Mikdash Melech5) and 210b: "And that which is left...," meaning that the light which is the source of the garment is of the most external or hindmost level.
The Alter Rebbe now goes on to explain that the external level of this radiance, from which these garments derive, is called the Supernal Will. Will, as is soon to be explained, is the external aspect (i.e., a consequence) of pleasure, or delight.
והנה כמו שבנשמת האדם יש בה כח התענוג שמתענגת ממה שיש לה ענג ממנו כמו מהשכלת שכל חדש וכה"ג
Now, in the soul of man there is a faculty for pleasure: [the soul] takes pleasure in what it finds pleasurable,6as in the conception of a new insight, or the like.
ובחי' חיצוניות ואחוריים של כח ובחי' התענוג שבה היא בחי' כח הרצון שבה שהוא רוצה מה שהוא רוצה דהיינו דבר שאינו צער שהצער היפך התענוג
The external and hindmost aspect of [the soul's] power and state of delight is its faculty of will, willing that which it wills, i.e.,7 something that is not painful, for pain is the opposite of delight.
A person desires something because it gives him pleasure. Thus, pleasure is the "inner" (or motivating) aspect of desire, which is considered "external" (i.e., consequent) to it.
וככה עד"מ באור א"ס ב"ה ג"כ כביכול
Metaphorically speaking, it is the same with the [infinite] EinSof-light, as it were:
הרצון העליון ב"ה היא בחי' חיצוניות ואחוריים לבחי' ענג העליון ונועם ה' וצחצחות ועלמין דכסופין הנ"ל
The Supernal Will is the external and hindmost aspect [i.e.,the resultant chitzoniyut and achorayim] of the above-mentioned Supernal Delight, the "pleasantness of G-d," the "pleasurable thirst," and the "Worlds of Longing."
Thus, when we state that the garment for the soul derives from the achorayim and chitzoniyut of the Supernal Delight, this means that it derives from the Supernal Will.
הגם שהם מיוחדים בתכלית היחוד שהוא ית' ורצונו אחד
Though these - [the Supernal Delight and the Supernal Will] -are fused in absolute unity, for [G-d] and His Will are one,
ולא כרצון האדם ח"ו לא מיניה ולא מקצתיה
and not (heaven forfend) like the will of man, neither wholly nor partially,
ואין דמיון ביניהם כלל
there being no similarity whatever between them,
Man's will is not wholly one with the person himself; it is one of the soul-faculties that he possesses. By contrast, G-d and His Will are one. How, then, can we differentiate Above between Pleasure and Will,saying that G-d's Pleasure is internal and His Will is external?
אעפ"כ דברה תורה כלשון בנ"א לשכך האזן מה שיכולה לשמוע במשל ומליצה מנשמת האדם הכלולה מכח התענוג והרצון והחכמה והבינה וכו'
nevertheless,8 "the Torah speaks in human idiom" in order9 "to modulate for the ear what it is able to hear," with allegory and metaphor relating to the soul of man, which compounds the faculty of delight, will, wisdom, understanding, and so on.
just as in man pleasure is described as "internal" and will as "external", so too do we describe the corresponding attributes Above.
וכנראה בחוש שכשאדם משכיל איזה שכל חדש נפלא אזי באותה רגע עכ"פ נולד לו תענוג נפלא בשכלו
This is empirically evident, for when a person conceives some wonderful new insight, then at that moment, at least, a wondrous delight is born10 in his mind.
מכלל שהתענוג הוא למעלה מעלה מבחי' השכל והחכמה רק שמלובש בבחי' שכל וחכמה
Thus it follows that the capacity for pleasure surpasses by far the faculty of intellect and wisdom; it merely is vested in the faculty of intellect and wisdom.
וכשהאדם מרגיש השכל וחכמה דהיינו שמשיגה ומבינה היטב אזי מרגיש ג"כ בחי' התענוג המלובש בחכמה
Thus when a man feels [a subject of] intellect and wisdom, that is, he apprehends and understands it well, he then also senses the faculty of pleasure which is vested in the [subject of] wisdom.
ולכן נקראת בחי' בינה בשם עוה"ב בזוה"ק
That is why in the sacred Zohar,11 the faculty of Binah is referred to as "the World to Come."
שהיא בחי' התגלות החכמה עם התענוג המלובש בה שמשיגים הצדיקים בג"ע ומשכילים בפנימיות התורה
For it is the state of manifestation of Chochmah, together with the delight vested in it, which the righteous in the Garden of Eden apprehend, and conceive [new insights] in the pnimiyut[i.e., the innermost, mystical dimension] of the Torah.
דאורייתא מחכמה נפקא ואורייתא וקב"ה כולא חד:
For12 the Torah derives from Chochmah, and13 the Torah and the Holy One, blessed be He, are entirely one.14
Thus, through gaining a perception of pnimiyut in the manner in which the soul apprehends it in the Garden of Eden, where it apprehends the essence of G-dliness - and "this delight itself (as the Rebbe adds) is utterly inward, as explained above"- the soul gains an apprehension of G-d's infinite light. And in order for it to be able to absorb this degree of illumination, it must be equipped with the protective and receptive garments of the mitzvot, as previously explained.
* * *
FOOTNOTES
1. Cf. Zohar I, 123b.
2. Bereishit 23:15.
3. Ibid. 31:30.
4. Parentheses are in the original text.
5. To the Zohar, loc. cit.
6. Note of the Rebbe: "The Alter Rebbe is not informing us of the obvious, as might appear at first glance, but is making a significant statement which must appear here, where he is explaining that will is the external aspect [i.e., the consequence] of pleasure - in order to distinguish this sequence from the alternative sequence discussed in Hemshech 5666, p 65ff., [where will is seen as the source of pleasure]
The conclusion there, on p. 73ff., is as here, [that pleasure is indeed the source of will, and not the contrary].".
7. Note of the Rebbe: "The addition of this phrase too is explained by the previous footnote."
8. Rambam, Hilchot Yesodei HaTorah 1:9.
9. Cf. Rashi on Shmot 19:18, based on Mechilta and Tanchuma ad loc.
10. Note of the Rebbe: "The feeling of pleasure, by contrast, comes (as is explained below) in the World to Come. And so long as this feeling is lacking, the individual concerned cannot be said to have `received the pleasantness.'"
11. II, 158a.
12. Zohar II, 85a.
13. Op. cit. I, 24a, et al.

14. Note of the Rebbe: "[The above-described perception enjoyed by the tzaddikim] is similar to the delight that is born and is derived when a concept is first conceived and understood - and this is the above-mentioned `pleasantness of G-d...'".
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Rambam: 
Daily Mitzvah P246 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 19 Cheshvan 5775 • 12 November 2014
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 246
Laws of Claims
"In every case of trespass...in which one can say: 'This is it'"—Exodus 22:8.
We are commanded to adjudicate monetary cases between litigants [according to the laws outlined in the Torah].
Laws of Claims
Positive Commandment 246
Translated by Berel Bell
The 246th mitzvah is that we are commanded regarding claims and counterclaims [in lawsuits.]
The source of this commandment is G‑d's statement1 (exalted be He), "In every case of dishonesty... [and the watchman] said that this is it."
In the words of the Mechilta: "The phrase 'that this is it' refers to partial admission to the claim."2
This mitzvah includes anything that can arise from the claims people have against one another involving admission and denial.
The details of this commandment are explained in the 3rd chapter of Bava Kama, the beginning of Bava Metzia, and the 5th, 6th, and 7th chapters of Shavuos. Many questions regarding this subject are spread throughout the Talmud.
FOOTNOTES
1.Ex. 22:8.
2.Since he has made a partial admission, he is required to take an oath regarding the rest of the claim.

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Rambam:

• 1 Chapter a Day: Mamrim - Chapter 1
Mamrim - Chapter 1
Hilchot Mamrim
The Laws of the Rebellious Ones
They include nine mitzvot: three positive commandments and six negative commandments:
They are:
1. To follow the directives given by the Supreme Sanhedrin;
2. Not to deviate from their words;
3. Not to add to the Torah, neither to the mitzvot of the Written Law, nor to their explanation which was transmitted by the Oral Tradition;
4. Not to detract from the mitzvot;
5. Not to curse one's father or mother;
6. Not to strike one's father or mother;
7. To honor one's father and mother;
8. To fear one's father and mother;
9. For a son not to rebel against his father's and mother's instruction.
These mitzvot are explained in the coming chapters.
Halacha 1
The Supreme Sanhedrin in Jerusalem are the essence of the Oral Law. They are the pillars of instruction from whom statutes and judgments issue forth for the entire Jewish people. Concerning them, the Torah promises Deuteronomy 17:11: "You shall do according to the laws which they shall instruct you...." This is a positive commandment.
Whoever believes in Moses and in his Torah is obligated to make all of his religious acts dependent on this court and to rely on them.
Halacha 2
Any person who does not carry out their directives transgresses a negative commandment, as Ibid. continues: "Do not deviate from any of the statements they relate to you, neither right nor left."
Lashes are not given for the violation of this prohibition, because it also serves as a warning for a transgression punishable by execution by the court. For when a sage rebels against the words of the court, he should be executed by strangulation, as the following verse states: "A person who will act deliberately...."
We are obligated to heed their words whether they:
a) learned them from the Oral Tradition, i.e., the Oral Law,
b) derived them on the basis of their own knowledge through one of the attributes of Biblical exegesis and it appeared to them that this is the correct interpretation of the matter,
c) instituted the matter as a safeguard for the Torah, as was necessary at a specific time. These are the decrees, edicts, and customs instituted by the Sages.
It is a positive commandment to heed the court with regard to each of these three matters. A person who transgresses any of these types of directives transgresses a negative commandment. This is derived from the continuation of the above verse in the following manner: "According to the laws which they shall instruct you" - this refers to the edicts, decrees, and customs which they instruct people at large to observe to strengthen the faith and perfect the world. "According to the judgment which they relate" - this refers to the matters which they derive through logical analysis employing one of the methods of Biblical exegesis. "From all things that they will tell you" - This refers to the tradition which they received one person from another.
Halacha 3
There can never be any difference of opinion with regard to matters received through the Oral Tradition. Whenever there arises a difference of opinion with regard to a matter that shows that it was not received in the tradition from Moses our teacher.
The following principles apply with regard to matters derived through logical analysis. If the entire body of the Supreme Sanhedrin agrees with regard to them, their consent is binding. If there is a difference of opinion, we follow the majority and decide the matter according to the majority. Similarly, with regard to the decrees, edicts, and customs, if a portion of the judges perceived that it was necessary to issue a decree, institute an edict, or establish a custom for the people, and a portion perceived that it is not appropriate to issue this decree, institute this edict, or establish this custom, the judges should debate the matter back and forth. Afterwards, a vote is called, and we follow the majority and execute the matter according to the decision of the majority.
Halacha 4
When the Supreme Sanhedrin was in session, there was never any prolonged differences of opinion among the Jewish people. Instead, if a doubt arose in a Jew's mind over any law, he would inquire of the court in his city. If not, the questioner and that court - or its agents - ascend to Jerusalem and ask the court which holds sessions on the Temple Mount. If they know, they will reply to him, if they do not know, everyone comes to the court that holds sessions at the entrance to the Temple Courtyard. If they know, they will reply to him, if they do not know, everyone comes to the Chamber of Hewn Stone, to the Supreme Sanhedrin, and presents the question. If the matter that was unresolved by all the others was known to the Supreme Sanhedrin - either as part of the Oral Tradition or because of its derivation through the principles of exegesis - they relate the decision immediately. If, however, the decision was unclear to the Supreme Sanhedrin, they deliberate about the matter at that time and debate it back and forth until they reach a uniform decision, or until a vote is taken. In such a situation, they follow the majority and then tell all the questioners: "This is the halachah." The questioners then all depart.
After the Supreme Sanhedrin was nullified, differences of opinion multiplied among the Jewish people. One would rule an article is impure and support his ruling with a rationale and another would rule that it is pure and support his ruling with a rationale. This one would rule an article is forbidden and this would rule that it is permitted.
Halacha 5
The following rules apply when there are two sages or two courts that have differing opinions in an age when there was no Supreme Sanhedrin or during the time when the Supreme Sanhedrin was still undecided concerning the matter - whether in one age or in two different ages - one rules that an article is pure and one rules that it is impure, one forbids an article's use and one permits it. If one does not know in which direction the law tends, should the matter involve a question of Scriptural Law, follow the more severe opinion. If it involve a question of Rabbinic Law, follow the more lenient opinion.
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Rambam:
• 3 Chapters a Day: To`en veNit`an - Chapter 10, To`en veNit`an - Chapter 11, To`en veNit`an - Chapter 12
To`en veNit`an - Chapter 10
Halacha 1
We do not presume that an animal or a beast that is not kept in an enclosed place, but instead roams freely and pastures everywhere, belongs to the person who seizes it if the animal is known to have a prior owner.
What is implied? When a plaintiff brings witnesses who testify that a certain animal is known to belong to him, and the person maintaining possession of the animal claims: "You gave it to me" or "You sold it to me," the defendant's word is not accepted. The fact that the animal is in his possession is not considered proof of ownership, because it is possible that it roamed and entered his domain by itself. Therefore, if the defendant does not bring proof of his acquisition of the animal, it should be returned to its owner. The owner must, however, reinforce his claim by taking an oath.
Halacha 2
If it was usual for an animal to be kept in an enclosed place or entrusted to a shepherd, we assume that it belongs to the person in whose possession it is found. This applies even if the plaintiff brings witnesses who testify that it belonged to him. Thus, if the person who holds the animal in his possession claims: "You sold it to me" or "You gave it to me," he is required to take a sh'vu'at hesset that it belongs to him, and then he is released of all obligations.
Halacha 3
Therefore, the following rules are applied when a person seizes possession of an animal belonging to a colleague that had been kept in an enclosed place or entrusted to a shepherd. If the owner claims: "The animal went out and came to you on its own initiative," "It was entrusted to you for safekeeping," or "It was lent to you," and the person who seized it agrees, saying: "It is not mine, but you owe me this-and-this much," "You gave it to me as security for this-and-this much," or "You owe me such-and-such for damages that you caused my property," his word is accepted if he claims the value of the animal or less. The rationale is that since he could claim that he purchased it, his word is accepted if he lodges another plausible claim. He must, however, take an oath holding a sacred article. Then he may collect his claim.
Halacha 4
Similar laws apply with regard to servants. Since they can walk independently, the fact that they are in the physical possession of a person is not presumed to be a sign of ownership. Instead, if the plaintiff brings witnesses who testify that it is known that this servant belonged to the plaintiff, the defendant's word is not accepted if he claims: "You sold him to me" or "You gave him to me as a present." Instead, the servant should be returned to its owner. He must, however, take an oath that he did not sell the servant or give him away as a present.
Different rules apply if the defendant who was asserted to have seized possession of the servant brought witnesses who testified that the servant was in his possession, day after day, for three consecutive years, and that the defendant would have him serve him as servants serve their masters. Since the original owner did not raise objections throughout all these years, the defendant's word is accepted. We allow him to maintain possession after he takes a sh'vu 'at hesset that he purchased the servant from the original owner or the owner gave the servant to him as a present.
These rules do not apply to a servant who is a young child and cannot walk on his legs because of his youth. He is considered as other types of movable property. We presume that he is owned by the person in whose domain he is located, and we follow the principle: When a person seeks to expropriate property from a colleague, the burden of proof is upon him.
Halacha 5
As we explained, a plaintiff can alter his statements and offer another claim if it is plausible. To apply that concept to the issues at hand: A person issued a claim against a colleague, stating: "This garment...", "This animal...", or "This servant that is in your possession belongs to me. It was lent to you," "... it is stolen," "... I entrusted it to you," or "... I rented it to you."
The defendant claimed, "No. It is my money. I inherited it." The plaintiff then brought witnesses who testified that they know that this article, servant, or animal is known to belong to the plaintiff. The defendant then countered and replied: "Yes. It was yours, but you gave it to me..." or "... you sold it to me. I said: 'I inherited it,' not because I inherited it from my father, but that my ownership is so strong that it is as if I inherited it." The defendant's claim is accepted provided that he supports it by taking a sh'vu 'at hesset.
Halacha 6
The following laws apply when two people are contending with regard to a boat or the like, each claiming: "It belongs entirely to me." If they come to the court and one asks the court: "Take possession of it until I bring witnesses to support my claim," the court should not take possession of it.
If the court took possession of it, that person went and did not find witnesses, and returned and asked: "Leave it for us as before, and whoever will overcome the other will acquire it, as was the law before," it does not heed the request. Instead, the court does not release it from its possession until a claimant brings witnesses who support his claim, one acknowledges the truth of the other's claim, or they willingly agree to divide it after taking an oath, as we have explained.
To`en veNit`an - Chapter 11
Halacha 1
Whenever landed property is known to have belonged to a person, we presume that he is the owner even though the property is now in the possession of another person.
What is implied? Reuven was using a courtyard as a person would commonly use his own property, living in it, renting it to others, building and tearing down structures. After a while, Shimon came and lodged a claim against him, saying: "The courtyard that is in your possession belongs to me. I rented it to you," or "... I lent it to you."
Reuven replied: "It was yours, but you sold it to me," or "You gave it to me as a present."
If Shimon does not bring witnesses who testify that it was known to belong to him, Reuven is required to take a sh'vu'at hesset, and he is allowed to retain possession of the courtyard. If, however, Shimon brings witnesses who testify that this field belonged to him, our presumption is that Shimon is the owner. We tell Reuven: "Bring proof that he sold it to you or gave it to you." If he does not bring proof, we force him to leave and establish Shimon as the owner. This law applies even when Reuven does not admit that the field ever belonged to Shimon, because there are witnesses who support Shimon's claim.
Halacha 2
When do we require Reuven to bring proof that he acquired the field or to depart? When he did not use the property for an extended time. If, however, Reuven brings witnesses who testify that he partook of the produce of this field for three consecutive years and benefited from it in its entirety in the manner in which any person would benefit from that field, we allow Reuven to maintain possession. This applies provided that it was possible for the original owners to know that this person had taken possession of the field, and they did not lodge a protest against him. Reuven must take a sh'vu'at hesset that Shimon sold him the field or gave it to him, and then he is released of all obligation.
The rationale for this decision is that we tell Shimon: "If your claim that you did not sell or give him the property is true, why is this person using your land year after year, when you do not have a legal document stating that it was rented to him or given to him as security for a loan, and yet you have not lodged a protest against him?"
If the plaintiff responds to this by claiming that the news that the other person was using his property did not reach him because he was in a distant country, we tell him: "It is impossible that the information did not reach you in three years. And when the information reached you, you should have lodged a protest in the presence of witnesses, telling them that 'So-and-so stole property from me, and in the future I will lodge a claim against him in court.' Since you did not issue a protest, you caused yourself a loss."
Therefore, if there was a war or a disruption of travel routes between the place where Reuven was located and the place where Shimon was located, we expropriate the property from Reuven even if he benefited from its produce for ten years. We return it to Shimon, because he could say: "I did not know that this person was using my property."
Halacha 3
Even in a situation where there was a war and a breakdown in communication, if Reuven brought witnesses who testify that each year Shimon came and stayed in this place" for 30 days or less, we tell Shimon: "Why didn't you protest when you came? You have lost your rights."
If Shimon claims: "I was very much occupied at the business fair and I did not know that so-and-so was in my courtyard," his claim is respected. For it is possible that a person will be occupied at a business fair for 30 days. If he stayed for more than 30 days and did not protest, he loses his rights.
It appears to me that this law applies only in the villages, for the people there are very much occupied with their business fairs.
Halacha 4
Why do we not tell Reuven: "If it is true that he sold the property to you or gave it to you as a present, why did you not take care of your deed of acquisition?" Because a person does not take care of his legal documents for his entire life, and it is an established presumption that a person will not take care of a legal document for more than three years. If by that time, he sees that no one is protesting his ownership, he will not take care of it any longer.
Halacha 5
If Shimon issued a protest in a distant country, why can Reuven not claim: "I did not hear that he lodged a protest against me so that I felt it necessary to safeguard my deed of acquisition"?
Because we tell him: "Your friend has a friend, and his friend has a friend. And it is an established presumption that word of the protest reached you. Hence, since you know that he lodged a protest against you within the three years, if it is true that you had a deed of acquisition and you did not safeguard it, you caused yourself a loss."
Halacha 6
Therefore, if Shimon lodged a protest in the presence of witnesses, but told them: "Do not utter a word about this protest," the protest is of no consequence. If, however, the witnesses said on their own volition: "We will not utter a word about this," the protest is significant. For a person will ultimately speak of a matter that he was not charged to keep private.
Similarly, if the original owner told the witnesses: "Don't tell the person who took possession of the property about my protest," or the witnesses said on their own volition: "We will not notify him," the protest is of consequence. For even though they will not notify him, they will notify others, and ultimately the information will reach him.
Halacha 7
What constitutes a protest? That the owner says in the presence of two witnesses: "So-and-so who is using my field is a robber. In the future, I will call him to court." Similarly, if he says: "The property is rented out to him or it was given to him as security for a loan. If he claims that I sold it to him or gave it to him as a present, I will lodge a claim against him in court." Similarly, if he makes other analogous statements, the protest is of consequence even though he did not issue it in the country where the person in possession of the land is located.
If, however, he told them merely: "So-and-so who is using my field is a robber," that is not a valid protest, for Reuven will say: "When I heard this, I said to myself: 'Maybe he was merely slandering me.' Therefore, I was not careful about keeping my deed of acquisition."
Halacha 8
A protest made in the presence of two witnesses is of consequence. They may compose a legal record of it, even if the owner does not tell them to compose it.
Once the owner issued a protest in the first year, he does not have to issue another protest each year. There must not, however, be three full years between each protest. He must, therefore, issue a protest at the end of each three-year period. If he protested, delayed for three full years and protested afterwards, the protest is of no consequence.
Halacha 9
If Reuven brought witnesses who testify that Shimon, the owner of the field, gathered the produce of the field together and gave it to Reuven, he is allowed to retain possession of the field. This applies even if Reuven claims that Shimon sold him or gave him the field that day. The rationale is that if he did not give him or sell him the field, he would not have helped Reuven in the field and given him its produce.
Halacha 10
If Shimon responds, claiming: "It's true; that event transpired. I sold him the rights to the field's produce and it belonged to him, but I never sold him the field itself," his word is accepted and the field should be returned to Shimon. There is, however, an exception: when Reuven partook of the produce for three years with Shimon's knowledge and Shimon did not protest against him, as explained.
To`en veNit`an - Chapter 12
Halacha 1
The three years mentioned in the previous chapter must be from day to day. Even if one day was lacking, a claim of ownership is not established and the person in possession of the property is removed from it.
When does the above apply? With regard to landed property that produces benefit at all times - e.g., houses, courtyards, cisterns, pits, storage cavities, stores, inns, bathhouses, dovecotes, olive presses, fields that are continually irrigated and hence can be used for sowing and for planting, gardens, and orchards, and also servants who go on their own initiative, as we have explained.
Different rules apply with regard to a field that is watered only from rain and a grove of trees. The "threes years" are not calculated from day to day.
Instead, after the person in possession partakes of three harvests from one type of produce, it is considered as if three years have passed.
What is implied? There was a date grove and the person in possession harvested it three times, a grape orchard and he harvested it three times, or an olive grove and he harvested it three times, he is considered to have established a claim of ownership. This applies even if the trees were planted one after the other, and there was not enough space left between them. Although ultimately, they will dry and have to be uprooted, since the person derived benefit from them for three harvests, he has established a claim of ownership.
Halacha 2
If a person brings witnesses who testify that he dwelled in this courtyard for three years or rented it out to a tenant for three years, he establishes a claim of ownership.
If the owner of the courtyard claims: "Maybe you - or your tenant - did not dwell there during the day and during the night," his claim is valid. We tell the person in possession: "Bring witnesses that throughout these years, you dwelled there during the day and during the night, or depart."
Even when witnesses come and testify, saying: "The person in possession rented the field to us, and we dwelled there during the day and during the night," if the owner of the field demands: "Let them bring witnesses that they dwelled there during the day and during the night," these tenants must bring proof that they dwelled there at all times. The rationale is that the matter is dependent on them and is not dependent on the claim of the person in possession of the property that they should testify on his behalf.
Halacha 3
Different laws apply if the person in possession of the property or the witnesses were traveling salesmen who journey from village to village or the like. In such a situation, the court makes a claim on behalf of the owner at the outset. When he brings witnesses to try to substantiate his claim of ownership, the court tells him: "Bring witnesses who will testify that you manifested possession during the day and the night."
When does the above apply? With regard to courtyards, houses, and the like, in which people live during the day and the night. Different laws apply with regard to stores operated by merchants and the like, in which people dwell only during the day. In such a situation, if a person dwelled in the store for three years during the day, he establishes a claim of ownership.
Halacha 4
The three years mentioned must be consecutive, one following the other. If a person in possession of a field sowed it one year and left it fallow the next year, and then sowed it one year and left it fallow the next year, he does not establish a claim of ownership. This applies even if he followed this pattern for many years.
If the custom of the farmers of that area was to leave fields fallow, the person is considered to have established a claim of ownership. This applies even if some of the local farmers sow their fields year after year, and some sow their fields for one year and leave them fallow the next. For the person in possession may claim: "I left it fallow only so that it will produce more in the year that I sow it."
Halacha 5
When two partners maintained possession of a field for six years, one partaking of the produce in the first, third and fifth years, and the other partaking of the produce in the second, fourth and sixth years, neither is considered to have established a claim of ownership. The rationale is that the owner of the field can say: "Since I neither saw nor heard of one person maintaining possession year after year, I did not protest."
Accordingly, if these partners composed a legal document attesting to their partnership and stating that they should each utilize the field in successive years, if three years pass in which they use it, they establish a claim of ownership. The rationale is that a legal document becomes public knowledge. Hence, if the owner did not protest, he forfeited his right.
Similar laws apply if two people maintain possession of a servant and use his services year after year. Ordinarily, they do not establish a claim of ownership. If they compose a legal document concerning the servant, they do.
Halacha 6
The following rules apply when a person who took possession of a property derived benefit from its produce for one year and then sold it, the purchaser derived benefit from its produce for one year and then sold it, and the second purchaser derived benefit from its produce for a year. If they sold it to each other with a deed of sale, the activities of the three are combined and a claim of ownership is established, because the previous owner did not protest.
If they did not record the transaction in a deed of sale, a claim of ownership is not established, because the original owners can say: "Since one person did not maintain a presence within it for three years, there was no necessity to issue a protest."
Halacha 7
When a father derived benefit from a property for one year, and his son derived benefit for two years, or the father derived benefit for two years, and his son derived benefit for one year, a claim of ownership is established.
The same law applies if the father derived benefit for a year, the son derived benefit for a year, and the person who purchased it derived benefit for a year, provided that he purchased it with a deed of sale.
Halacha 8
When a person seeking to establish a claim of ownership partakes of produce from a field for one year in the presence of the father who was the owner, and two years in the presence of his son, or two years in the presence of the father and one year in the presence of the son, a claim of ownership is established.
Similarly, a claim of ownership is established when the person in possession of the field partakes of its produce for one year in the presence of the father, one year in the presence of the son, and one year in the presence of a person who purchased the field from the son. This law applies when the son sold the field together with all his fields. In such an instance, the person in possession of the field will not appreciate that it was sold, and hence will not necessarily be careful to maintain possession of his deed of acquisition beyond the three-year period. If, however, the son sold the field as a discrete entity the property is expropriated and given to the purchaser. For there can be no greater protest against the squatter's possession than this.
Halacha 9
If the person in possession left the field fallow year after year - even for many years - since he did not derive any benefit from it, he does not establish a claim of ownership.
Similarly, if he irrigated it or even irrigated it and did no more than break up large clumps of earth, since he did not benefit from its produce, he does not establish a claim of ownership.
Halacha 10
If the person in possession sowed it, but did not make any profit - i.e., he sowed a kor and reaped a kor - he does not establish a claim of ownership, since he did not derive any benefit from it.
Halacha 11
If he harvests the field as straw, he does not establish a claim of ownership. If in that region it was common to sow to harvest straw because straw is very expensive, he does establish a claim of ownership.
Halacha 12
If the person in possession partook of produce of a field that was orlah, grew during the Sabbatical year, or contained mixed species, he establishes a claim of ownership despite the fact that he derived benefit through transgression.
Halacha 13
If the property in question was a stone or a rocky area unfit to be sown, the person in possession must benefit from the land in an appropriate manner - e.g., use it to spread out fruits to dry, as a place for an animal to pasture, or the like. If he does not derive benefit throughout all these three years in an appropriate manner, he does not establish a claim of ownership.
Halacha 14
The following rules apply when a person would tie his animal in a specific place in a courtyard belonging to a colleague, he would raise chickens there, he would place an oven, a range or a mill there, or he would place his fertilizer there. Whether or not he erects a barrier there, if he uses the property for these purposes during the day and the night and claims that the owner of the courtyard sold or gave him that place, he establishes a claim of ownership.
Halacha 15
The following rules apply when a field is surrounded by a fence and a person took possession of it and sowed crops outside the fence, deriving benefit from the portion that is not protected. Even though he derives benefit year after year, he does not establish a claim of ownership. The rationale is that the owner can claim: "Since we saw that he was sowing crops in a place that was unprotected, we said: 'Whatever he sowed, the beasts of the field will eat. Therefore, we did not protest.'" This law also applies to anyone who sows crops in a place that is not protected and the crops are accessible to animals and other people.
Halacha 16
When the person in possession derives benefit from the entire property with the exception of one portion fit to sow a quarter of a kav of grain, he establishes a claim of ownership over the entire field, with the exception of the portion from which he did not benefit. Even if that was a rocky portion in the midst of the field, since he did not use it in a way appropriate for it, he does not establish a claim of ownership over it.
Halacha 17
The following rules apply when one person took possession of trees and derived benefit from their produce, and another took possession of the land, sowed crops there, and derived benefit from them, and each of them claims that the entire property belongs to him, because he purchased it from the owner. The person in possession of the trees is given the trees and the land necessary to tend to them - i.e., the space in which a person picking fruit can stand together with his basket for each tree. The person in possession of the land receives the remainder of the land.
Halacha 18
Similarly, when a person benefits from all the produce of a tree for three years and then issues a claim against the owner of the tree: "You sold me this tree and its land," he is granted an amount of land equivalent to the thickness of the tree until the depths of the earth.
Halacha 19
The following laws apply when there are 30 trees within a tree grove large enough to sow three se'ah of grain. If a person in possession benefited from ten trees in the first year, ten in the second year, and ten in the third, he establishes his possession over the entire grove.
The above applies when the ten trees from which he benefited were spread through the entire area of the field, and the other trees did not produce any fruit. If, however, the other trees produced fruit and he did not partake of it, he establishes a claim of ownership only on the produce from which he partook.
Halacha 20
When does the above apply? When he benefited from some of the fruit and the people reaped the remainder of the fruit. If, however, he left the fruit on the trees and benefited from the fruit from several portions throughout the entire grove, he establishes a claim of ownership concerning the entire field, even though he did not collect all its produce.
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Hayom Yom:
Wednesday, 19 Cheshvan 5775 • 12 November 2014

"Today's Day"
Wednesday, Cheshvan 19, 5704
Torah lessons: Chumash: Chayei Sara, Revi'i with Rashi.
Tehillim: 90-96.
Tanya: Now this light (p. 577) ...are entirely one. (p. 579).
A response of the Alter Rebbe in a yechidus: Chassidus is Sh'ma Yisrael.1 The word sh'ma is an acronym of s'u marom eineichem, "Raise your eyes on high."2 The verse says "on high" (marom), and not "to the heavens" (shamayim). "On high" means higher and still higher, to attain a level beyond intellect, and grasp this itself intellectually - as the verse concludes, "and see Who created these."
FOOTNOTES
1. Hear O Israel.

2. Yeshayahu 40:26.
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Daily Thought:
The River Up
When the Divine Light began its awesome descent—a journey of world to lower world for endless worlds, condensing its unbounded state again and again into finite packages until focused to a fine, crystallized resolution—it did so with purpose: to bring forth a world of continuous ascent.
Since that beginning, not a day has passed that does not transcend its yesterday.
Like a mighty river rushing to reach its ocean, no dam can hold it back, no creature can struggle against its current. If we appear to fall backward, to take a wrong turn, to lose a day in failure—it is only an illusion, for we have no map to know its way. We see from within, but the river knows its path from Above. And to that place Above all is drawn.
We are not masters of that river— not of our ultimate destiny, nor of the stops along the way, not even of the direction of our travel. We did not create the river—its flow creates us. It is the blood and soul of our world, its pulse and its warmth.
Yet of one thing we have been given mastery: Not of the journey, but of our role within it.
How soon will we arrive? How complete? How fulfilled? Will we be the spectators? Or simply the props?
Or will we be the heroes?(Iyar 19, 5712.)
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