Chabad - Today in Judaism - TODAY IS: Thursday, 20 Cheshvan 5775 • 13 November 2014

Chabad - Today in Judaism - TODAY IS: Thursday, 20 Cheshvan 5775 • 13 November 2014
Today's Laws & Customs:

Today in Jewish History:
Birth of Rabbi Sholom DovBer of Lubavitch (1860)
The fifth Lubavitcher Rebbe, Rabbi Sholom DovBer Schneerson (known by the acronym "Rashab"), was born on the 20th of Cheshvan of the year 5621 from creation (1860).
After the passing of his father, Rabbi Shmuel of Lubavitch, in 1882, Rabbi Sholom DovBer assumed the leadership of the movement. Over the next 38 years, he wrote and delivered some 2,000 maamarim (discourses of Chassidic teaching) including the famed hemshechim (serialized discourses) which contain his profound analytical treatment of Chabad Chassidism. In 1897, he established the Tomchei Temimim yeshivah in Lubavitch, the first institution of Jewish learning to integrate the "body" (Talmudic and legal studies) and "soul" (philosophic and mystical) of Torah into a cohesive, living whole; it was this unique form of education and Torah study that produced the "Temimim" -- the army of learned, inspired and devoted torchbearers who, in the decades to come, would literally give their lives to keep Judaism alive under Soviet rule.
In 1915 Rabbi Sholom DovBer was forced to flee Lubavitch from the advancing WWI front and settled in Rostov-on-Don in southern Russia. In his final years, he began the heroic battle -- carried on under the leadership of his son and successor, Rabbi Yosef Yitzchak Schneerson -- against the new Communist regime's efforts to destroy the Jewish faith. Rabbi Sholom DovBer passed away in Rostov in 1920.
Links: Want it All; To Know G-d and On Ahavat Yisrael -- two maamarim by Rabbi Sholom DovBer.
DAILY QUOTE:
A fundamental principle of Chabad philosophy is that the mind - which by its innate nature1 rules over the heart - should subordinate the heart to G-d's service by utilizing the intellectualization, comprehension and profound contemplation of the greatness of the Creator[Hayom Yom, Kislev 16]

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Chayei Sarah, 5th Portion (Genesis 24:53-24:67) with Rashi
• Chapter 24
53. And the servant took out silver articles and golden articles and garments, and he gave [them] to Rebecca, and he gave delicacies to her brother and to her mother. נג. וַיּוֹצֵא הָעֶבֶד כְּלֵי כֶסֶף וּכְלֵי זָהָב וּבְגָדִים וַיִּתֵּן לְרִבְקָה וּמִגְדָּנֹת נָתַן לְאָחִיהָ וּלְאִמָּהּ:
and… delicacies: Heb. וּמִגְדָּנוֹת. An expression of sweet fruits (מְגָדִים), for he had brought with him various kinds of fruits of the Land of Israel.
ומגדנות: לשון מגדים, שהביא עמו מיני פירות של ארץ ישראל:
54. And they ate and drank, he and the men who were with him, and they lodged, and they arose in the morning, and he said, "Send me away to my master." נד. וַיֹּאכְלוּ וַיִּשְׁתּוּ הוּא וְהָאֲנָשִׁים אֲשֶׁר עִמּוֹ וַיָּלִינוּ וַיָּקוּמוּ בַבֹּקֶר וַיֹּאמֶר שַׁלְּחֻנִי לַאדֹנִי:
and they lodged: Wherever lodging is mentioned in Scripture, it refers to one night’s lodging.
וילינו: כל לינה שבמקרא לינת לילה אחד:
55. And her brother and her mother said, "Let the maiden stay with us a year or ten [months]; afterwards she will go." נה. וַיֹּאמֶר אָחִיהָ וְאִמָּהּ תֵּשֵׁב הַנַּעֲרָה אִתָּנוּ יָמִים אוֹ עָשׂוֹר אַחַר תֵּלֵךְ:
And her brother and her mother said: And where was Bethuel? He wanted to stop [Rebecca’s marriage]; so an angel came and slew him. — [Gen. Rabbah 60:12]
ויאמר אחיה ואמה: ובתואל היכן היה, הוא היה רוצה לעכב ובא מלאך והמיתו:
a year: יָמִים [means] a year, as in (Lev. 25:29):“the time of its redemption shall be one full year (יָמִים).” For a maiden is granted a period of twelve months to outfit herself with ornaments. — [Kethuboth 57].
ימים: שנה, כמו (ויקרא כה כט) ימים תהיה גאולתו, שכך נותנין לבתולה זמן שנים עשר חדש לפרנס את עצמה בתכשיטים:
or ten: [Meaning] ten months, for if you say that יָמִים is [to be understood literally as] days, it is not customary for people who make requests to request a small thing and [to say,] “If you are unwilling, give us more than that.” - [Kethuboth 57].
או עשור: עשרה חדשים. ואם תאמר ימים ממש, אין דרך המבקשים לבקש דבר מועט ואם לא תרצה תן לנו מרובה מזה:
56. But he said to them, "Do not delay me, since the Lord has made my way prosper. Send me away, and I will go to my master." נו. וַיֹּאמֶר אֲלֵהֶם אַל תְּאַחֲרוּ אֹתִי וַיהֹוָה הִצְלִיחַ דַּרְכִּי שַׁלְּחוּנִי וְאֵלְכָה לַאדֹנִי:
57. And they said, "Let us call the maiden and ask her." נז. וַיֹּאמְרוּ נִקְרָא לַנַּעֲרָה וְנִשְׁאֲלָה אֶת פִּיהָ:
And ask her: From here we learn that we may not marry off a woman except with her consent. — [Gen. Rabbah 60: 12]
ונשאלה את פיה: מכאן שאין משיאין את האשה אלא מדעתה:
58. And they summoned Rebecca, and they said to her, "Will you go with this man?" And she said, "I will go." נח. וַיִּקְרְאוּ לְרִבְקָה וַיֹּאמְרוּ אֵלֶיהָ הֲתֵלְכִי עִם הָאִישׁ הַזֶּה וַתֹּאמֶר אֵלֵךְ:
and she said, “I will go.”: of my own accord, even if you do not desire it.
ותאמר אלך: מעצמי, ואף אם אינכם רוצים:
59. So they sent away Rebecca their sister and her nurse and Abraham's servant and his men. נט. וַיְשַׁלְּחוּ אֶת רִבְקָה אֲחֹתָם וְאֶת מֵנִקְתָּהּ וְאֶת עֶבֶד אַבְרָהָם וְאֶת אֲנָשָׁיו:
60. And they blessed Rebecca and said to her, "Our sister, may you become thousands of myriads, and may your seed inherit the cities of their enemies." ס. וַיְבָרְכוּ אֶת רִבְקָה וַיֹּאמְרוּ לָהּ אֲחֹתֵנוּ אַתְּ הֲיִי לְאַלְפֵי רְבָבָה וְיִירַשׁ זַרְעֵךְ אֵת שַׁעַר שׂנְאָיו:
may you become thousands of myriads: May you and your seed receive that blessing that was stated to Abraham on Mount Moriah (above 22:17): “and I will surely multiply your seed, etc.” “May it be His will that those children shall be from you and not from another woman.”
את היי לאלפי רבבה: את וזרעך תקבלו אותה ברכה שנאמר לאברהם בהר המוריה (לעיל כב יז) הרבה ארבה את זרעך וגו'. יהי רצון שיהא אותו הזרע ממך ולא מאשה אחרת:
61. And Rebecca and her maidens arose and rode on the camels, and they followed the man; and the servant took Rebecca and left. סא. וַתָּקָם רִבְקָה וְנַעֲרֹתֶיהָ וַתִּרְכַּבְנָה עַל הַגְּמַלִּים וַתֵּלַכְנָה אַחֲרֵי הָאִישׁ וַיִּקַּח הָעֶבֶד אֶת רִבְקָה וַיֵּלַךְ:
62. Now Isaac was on his way, coming from Be'er Lachai Ro'i, and he dwelt in the land of the south. סב. וְיִצְחָק בָּא מִבּוֹא בְּאֵר לַחַי רֹאִי וְהוּא יוֹשֵׁב בְּאֶרֶץ הַנֶּגֶב:
coming from Be’er Lachai Ro’i: where he had gone to bring Hagar to Abraham his father, that he should marry her (Gen. Rabbah 60:14).
מבוא באר לחי ראי: שהלך להביא הגר לאברהם אביו שישאנה:
and he dwelt in the land of the south: Near that well, as it is said (above 20:1): “And Abraham traveled from there to the south land, and he dwelt between Kadesh and Shur,” and there the well was located, as it is said (above 16:14):“Behold it is between Kadesh and Bered.”
יושב בארץ הנגב: קרוב לאותו באר, שנאמר (לעיל כ א) ויסע משם אברהם ארצה הנגב וישב בין קדש ובין שור, ושם היה הבאר, שנאמר (שם טז יד) הנה בין קדש ובין ברד:
63. And Isaac went forth to pray in the field towards evening, and he lifted his eyes and saw, and behold, camels were approaching. סג. וַיֵּצֵא יִצְחָק לָשׂוּחַ בַּשָּׂדֶה לִפְנוֹת עָרֶב וַיִּשָּׂא עֵינָיו וַיַּרְא וְהִנֵּה גְמַלִּים בָּאִים:
to pray: לָשׂוּחַ is an expression of prayer, as in (Ps. 102:1):“He pours out his prayer (שִׂיחוֹ).” - [Gen. Rabbah 60: 14, Ber. 26b] \b 64\b0
לשוח: לשון תפלה, כמו (תהלים קב א) ישפוך שיחו:
64. And Rebecca lifted her eyes, and saw Isaac, and she let herself down from the camel. סד. וַתִּשָּׂא רִבְקָה אֶת עֵינֶיהָ וַתֵּרֶא אֶת יִצְחָק וַתִּפֹּל מֵעַל הַגָּמָל:
and saw Isaac: She saw his majestic appearance, and she was astounded by him (Gen. Rabbah 60:14).
ותרא את יצחק: ראתה אותו הדור ותוהא מפניו:
and she let herself down: She slipped off toward the earth, as the Targum כִינַת, “and she leaned.” She leaned towards the earth but did not reach the ground, as (above verse 14):“Please lower (הַטִּי) your pitcher,” [which the Targum renders:] אַרְכִינִי [tilt]. Similar to this, (II Sam. 22:10):“And He bent (וַיֵּט) the heavens,” [which the Targum renders:] וְאַרכִין, an expression of leaning towards the earth, and similarly (Ps. 37: 24):“Though he falls (יִפֹּל), he will not be cast down,” meaning that if he falls toward the earth, he will not reach the ground.
ותפל: השמיטה עצמה לארץ, כתרגומו ואתרכינת הטתה עצמה לארץ ולא הגיעה עד הקרקע, כמו (פסוק יד) הטי נא כדך, ארכיני, (ש"ב כב י) ויט שמים, וארכין, לשון מוטה לארץ, ודומה לו (תהלים לז כד) כי יפול לא יוטל, כלומר אם יטה לארץ לא יגיע עד הקרקע:
65. And she said to the servant, "Who is that man walking in the field towards us?" And the servant said, "He is my master." And she took the veil and covered herself. סה. וַתֹּאמֶר אֶל הָעֶבֶד מִי הָאִישׁ הַלָּזֶה הַהֹלֵךְ בַּשָּׂדֶה לִקְרָאתֵנוּ וַיֹּאמֶר הָעֶבֶד הוּא אֲדֹנִי וַתִּקַּח הַצָּעִיף וַתִּתְכָּס:
and covered herself: וַתִּתְכָּס is in the reflexive form, as in (below 35:8) ַותִּקָּבֵר (and she was buried); (I Sam. 4:18) וַתִּשָּׁבֵר (and it was broken).
ותתכס: לשון ותתפעל, כמו ותקבר, ותשבר:
66. And the servant told Isaac all the things that he had done. סו. וַיְסַפֵּר הָעֶבֶד לְיִצְחָק אֵת כָּל הַדְּבָרִים אֲשֶׁר עָשָׂה:
And the servant told: (Gen. Rabbah 60:15) He revealed to him [Isaac] the miracles that were wrought for him, that the earth had shrunk for him and that Rebecca had come to him providentially as a result of his prayer.
ויספר העבד: גלה לו נסים שנעשו לו שקפצה לו הארץ ושנזדמנה לו רבקה בתפלתו:
67. And Isaac brought her to the tent of Sarah his mother, and he took Rebecca, and she became his wife, and he loved her. And Isaac was comforted for [the loss of] his mother. סז. וַיְבִאֶהָ יִצְחָק הָאֹהֱלָה שָׂרָה אִמּוֹ וַיִּקַּח אֶת רִבְקָה וַתְּהִי לוֹ לְאִשָּׁה וַיֶּאֱהָבֶהָ וַיִּנָּחֵם יִצְחָק אַחֲרֵי אִמּוֹ:
to the tent of Sarah his mother: He brought her to the tent, and behold, she was Sarah his mother; i.e., she became the likeness of Sarah his mother, for as long as Sarah was alive, a candle burned from one Sabbath eve to the next, a blessing was found in the dough, and a cloud was attached to the tent. When she died, these things ceased, and when Rebecca arrived, they resumed (Gen. Rabbah 60:16).
האהלה שרה אמו: ויביאה האהלה ונעשית דוגמת שרה אמו, כלומר והרי היא שרה אמו, שכל זמן ששרה קיימת היה נר דלוק מערב שבת לערב שבת, וברכה מצויה בעיסה, וענן קשור על האהל, ומשמתה פסקו, וכשבאת רבקה חזרו:
for…his mother: It is the way of the world that, as long as a person’s mother is alive, he is attached to her, but as soon as she dies, he finds comfort in his wife. — [Pirkei d’Rabbi Eliezer, ch. 32.]
אחרי אמו: דרך ארץ כל זמן שאמו של אדם קיימת כרוך הוא אצלה, ומשמתה הוא מתנחם באשתו:
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Daily Tehillim: Psalms Chapters 97-103
• Chapter 97
1. When the Lord will reveal His kingship, the earth will exult; the multitudes of islands will rejoice.
2. Clouds and dense darkness will surround Him; justice and mercy will be the foundation of His throne.
3. Fire will go before Him and consume His foes all around.
4. His lightnings will illuminate the world; the earth will see and tremble.
5. The mountains will melt like wax before the Lord, before the Master of all the earth.
6. The heavens will declare His justice, and all the nations will behold His glory.
7. All who worship graven images, who take pride in idols, will be ashamed; all idol worshippers will prostrate themselves before Him.
8. Zion will hear and rejoice, the towns of Judah will exult, because of Your judgments, O Lord.
9. For You, Lord, transcend all the earth; You are exceedingly exalted above all the supernal beings.
10. You who love the Lord, hate evil; He watches over the souls of His pious ones, He saves them from the hand of the wicked.
11. Light is sown for the righteous, and joy for the upright in heart.
12. Rejoice in the Lord, you righteous, and extol His holy Name.
Chapter 98
This psalm describes how Israel will praise God for the Redemption.
1. A psalm. Sing to the Lord a new song, for He has performed wonders; His right hand and holy arm have wrought deliverance for Him.
2. The Lord has made known His salvation; He has revealed His justice before the eyes of the nations.
3. He has remembered His kindness and faithfulness to the House of Israel; all, from the farthest corners of the earth, witnessed the deliverance by our God.
4. Raise your voices in jubilation to the Lord, all the earth; burst into joyous song and chanting.
5. Sing to the Lord with a harp, with a harp and the sound of song.
6. With trumpets and the sound of the shofar, jubilate before the King, the Lord.
7. The sea and its fullness will roar in joy, the earth and its inhabitants.
8. The rivers will clap their hands, the mountains will sing together.
9. [They will rejoice] before the Lord, for He has come to judge the earth; He will judge the world with justice, and the nations with righteousness.
Chapter 99
This psalm refers to the wars of Gog and Magog, which will precede the Redemption.
1. When the Lord will reveal His kingship, the nations will tremble; the earth will quake before Him Who is enthroned upon the cherubim,
2. [before] the Lord Who is in Zion, Who is great and exalted above all the peoples.
3. They will extol Your Name which is great, awesome and holy.
4. And [they will praise] the might of the King Who loves justice. You have established uprightness; You have made [the laws of] justice and righteousness in Jacob.
5. Exalt the Lord our God, and bow down at His footstool; He is holy.
6. Moses and Aaron among His priests, and Samuel among those who invoke His Name, would call upon the Lord and He would answer them.
7. He would speak to them from a pillar of cloud; they observed His testimonies and the decrees which He gave them.
8. Lord our God, You have answered them; You were a forgiving God for their sake, yet bringing retribution for their own misdeeds.
9. Exalt the Lord our God, and bow down at His holy mountain, for the Lord our God is holy.
Chapter 100
This psalm inspires the hearts of those who suffer in this world. Let them, nevertheless, serve God with joy, for all is for their good, as in the verse: "He whom God loves does He chastise." The psalm also refers to the thanksgiving sacrifice-the only sacrifice to be offered in the Messianic era.
1. A psalm of thanksgiving. Let all the earth sing in jubilation to the Lord.
2. Serve the Lord with joy; come before Him with exultation.
3. Know that the Lord is God; He has made us and we are His, His people and the sheep of His pasture.
4. Enter His gates with gratitude, His courtyards with praise; give thanks to Him, bless His Name.
5. For the Lord is good; His kindness is everlasting, and His faithfulness is for all generations.
Chapter 101
This psalm speaks of David's secluding himself from others, and of his virtuous conduct even in his own home.
1. By David, a psalm. I will sing of [Your] kindness and justice; to You, O Lord, will I chant praise!
2. I will pay heed to the path of integrity-O when will it come to me? I shall walk with the innocence of my heart [even] within my house.
3. I shall not place an evil thing before my eyes; I despise the doing of wayward deeds, it does not cling to me.
4. A perverse heart shall depart from me; I shall not know evil.
5. He who slanders his fellow in secret, him will I cut down; one with haughty eyes and a lustful heart, him I cannot suffer.
6. My eyes are upon the faithful of the land, that they may dwell with me; he who walks in the path of integrity, he shall minister to me.
7. He that practices deceit shall not dwell within my house; the speaker of lies shall have no place before my eyes.
8. Every morning I will cut down all the wicked of the land, to excise all evildoers from the city of the Lord.
Chapter 102
An awe-inspiring prayer for the exiled, and an appropriate prayer for anyone in distress.
1. A prayer of the poor man when he is faint [with affliction], and pours out his tale of woe before the Lord.
2. O Lord, hear my prayer, let my cry reach You!
3. Hide not Your face from me on the day of my distress; turn Your ear to me; on the day that I call, answer me quickly.
4. For my days have vanished with the smoke; my bones are dried up as a hearth.
5. Smitten like grass and withered is my heart, for I have forgotten to eat my bread.
6. From the voice of my sigh, my bone cleaves to my flesh.
7. I am like the bird of the wilderness; like the owl of the wasteland have I become.
8. In haste I fled; I was like a bird, alone on a roof.
9. All day my enemies disgrace me; those who ridicule me curse using my name.1
10. For I have eaten ashes like bread, and mixed my drink with tears,
11. because of Your anger and Your wrath-for You have raised me up, then cast me down.
12. My days are like the fleeting shadow; I wither away like the grass.
13. But You, Lord, will be enthroned forever, and Your remembrance is for all generations.
14. You will arise and have mercy on Zion, for it is time to be gracious to her; the appointed time has come.
15. For Your servants cherish her stones, and love her dust.
16. Then the nations will fear the Name of the Lord, and all the kings of the earth Your glory,
17. when [they see that] the Lord has built Zion, He has appeared in His glory.
18. He turned to the entreaty of the prayerful, and did not despise their prayer.
19. Let this be written for the last generation, so that the newborn nation will praise the Lord.
20. For He looked down from His holy heights; from heaven, the Lord gazed upon the earth,
21. to hear the cry of the bound, to untie those who are doomed to die,
22. so that the Name of the Lord be declared in Zion, and His praise in Jerusalem,
23. when nations and kingdoms will gather together to serve the Lord.
24. He weakened my strength on the way; He shortened my days.
25. I would say: "My God, do not remove me in the midst of my days! You Whose years endure through all generations.”
26. In the beginning You laid the foundations of the earth, and the heavens are the work of Your hands.
27. They will perish, but You will endure; all of them will wear out like a garment; You will exchange them like a robe, and they will vanish.
28. But You remain the same; Your years will not end.
29. The children of Your servants will abide; their seed shall be established before You.
Chapter 103
David's prayer when he was ill, this psalm is an appropriate prayer on behalf of the sick, especially when offered by the sick person himself while his soul is yet in his body. He can then bless God from his depths, body and soul. Read, and find repose for your soul.
1. By David. Bless the Lord, O my soul; and all my being, His holy Name.
2. My soul, bless the Lord; forget not all His favors:
3. Who forgives all your sins, Who heals all your illnesses;
4. Who redeems your life from the grave, Who crowns you with kindness and mercy;
5. Who satisfies your mouth with goodness; like the eagle, your youth is renewed.
6. The Lord executes righteousness and justice for all the oppressed.
7. He made His ways known to Moses, His deeds to the Children of Israel.
8. The Lord is compassionate and gracious, slow to anger and of great kindness.
9. He will not contend for eternity, nor harbor ill will forever.
10. He has not dealt with us according to our transgressions, nor requited us according to our sins.
11. For as high as heaven is above the earth, so has His kindness been mighty over those who fear Him.
12. As far as the east is from the west, so has He distanced our transgressions from us.
13. As a father has compassion on his children, so has the Lord had compassion on those who fear Him.
14. For He knows our nature; He is mindful that we are but dust.
15. As for man, his days are like grass; like a flower of the field, so he sprouts.
16. When a wind passes over him, he is gone; his place recognizes him no more.
17. But the kindness of the Lord is forever and ever upon those who fear Him, and His righteousness is [secured] for children's children,
18. to those who keep His covenant, and to those who remember His commands to do them.
19. The Lord has established His throne in the heavens, and His kingship has dominion over all.
20. Bless the Lord, you His angels who are mighty in strength, who do His bidding to obey the voice of His speech.
21. Bless the Lord, all His hosts, His servants who do His will.
22. Bless the Lord, all His works, in all the places of His dominion. My soul, bless the Lord!
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Tanya: Iggeret HaKodesh, middle of Epistle 29
• Lessons in Tanya
• Today's Tanya Lesson
Thursday, 20 Cheshvan 5775 • 13 November 2014
Iggeret HaKodesh, middle of Epistle 29
The Alter Rebbe now goes on to explain that in addition to this function of mitzvot as garments for the soul, they also serve to unite the sublime spiritual level of Keter, with the physical objects with which the commandments are performed. As such, they resemble pillars that connect the highest part of a house with the lowest.
והנה רצון העליון ב"ה מכונה ונקרא בפי חכמי האמת בשם כתר עליון ובו תר"ך עמודי אור וכו'
Now the Supernal Will is termed and referred to by the Kabbalists1 as Keter Elyon ["the Supreme Crown"]. In it there are 620 pillars of light,2 620 being the numerical equivalent of the Hebrew word Keter.
פי' דרך משל כמו שיש עמודים בבית חומה גדול נצבים בארץ וראשם מחובר בתקרה
That is, by way of analogy, just as in a large brick house3 there are pillars standing in the ground and their apex is connected with the ceiling,thereby connecting the lowest part of the house with the highest,
ככה ממש עד"מ כתר עליון ב"ה הוא למעלה מבחי' מדרגת החכמה
precisely so, metaphorically speaking, the Supernal Keter transcends the level of Chochmah,which is the first and highest of the inner Sefirot.
והוא מלשון כותרת שהוא מכתיר ומקיף על המוחין שבראש שהם בחי' חב"ד
[The word Keter] is related to koteret "[capital]",4 for it surrounds and encompasses over the brains in the head, i.e.,the faculties of ChaBaD – the faculties of Chochmah, Binah and Daat.
ורצון זה נתלבש בתרי"ג מצות התורה וז' מצות דרבנן שרובם ככולם הן מצות מעשיות
This [Supernal] Will is vested in the 613 commandments of theTorah and the seven precepts of the Sages, practically all of which are operative commandments.I.e., their performance involves physical action, which represents the lower or corporeal aspect of the lowest of the four spiritual "worlds", the World of Asiyah ("the World of Action".
וגם התלויות בדבור
And even those commandments [such as verbalized Torah study]that depend upon speech, nevertheless, even though speech is more spiritual than physical action, they too belong to the category of practical action,
הא קיי"ל דעקימת שפתיו הוי מעשה
for we have an accepted halachic principle that5 "the movement of one's lips [in speech] is regarded as an act."
וגם התלויות במחשבה או בלב
And even those commandments relating to thought or to the heart, such as the commandments regarding the love and awe of G-d, are also considered as physical acts.
הרי המצוה ניתנה לאדם הגשמי שבעוה"ז דוקא
For the commandments6 were given only to physical man in this [physical] world,
שהוא בעל בחירה להטות לבבו לטוב וכו'. משא"כ הנשמה בלא גוף א"צ לצותה ע"ז
because he has the choice to turn his heart to good, and so on.7 The soul without a body, however, need not be commanded about this.
ונמצא שהמצות הן עד"מ כמו העמודים נצבים מרום המעלות הוא רצון העליון ב"ה עד הארץ הלזו החומרית
Thus it follows that the commandments, metaphorically speaking, are like pillars that stand [and connect] from the highest of levels, viz., the Supernal Will, to this material world.
והן עד"מ כמו העמודים חלולין שמקיפין ומלבישין נשמת האדם או רוחו או נפשו כשמקיים המצות
Metaphorically speaking, they are like hollow pillars that encompass and garb [with the garment of mitzvot] man's Neshamah,or Ruach, or Nefesh, when he fulfills the commandments.
ודרך עמודים אלו עולין הנר"ן שלו עד רום המעלות לצרור בצרור החיים את ה'. פי' להיות צרורות ומלובשות באור הכתר הוא רצון העליון ב"ה
By way of these pillars [of the mitzvot], his Nefesh, Ruach and Neshamah [abbreviated naran] ascend to the highest of levels, to be bound up8 "in the bond of life with G-d," that is, to be bound up and vested in the light of Keter, which is the Supernal Will, the highest level of all the worlds.
וע"י לבוש זה יוכלו לחזות בנועם ה' וצחצחות שלמעלה ממעלת הכתר והן פנימיותו עד"מ
And by means of this garment they are able to behold the "pleasantness of G-d" and the "pleasurable thirst" which transcend the level of Keter and, metaphorically speaking, are its pnimiyut.I.e., the "pleasantness of G-d" and the "pleasurable thirst "are the inner core of the light of Keter, which transcends all worlds.
(והגם שנתבאר במ"א שהמצות הן פנימיות רצון העליון ב"ה
9(Though it is explained elsewhere that the commandments are the pnimiyut i.e., the innermost element] of the Supernal Will, while here it is explained that they are merely the external aspect of Keter, i.e., the external aspect of the Supernal Will,
הנה מודעת זאת לי"ח ריבוי בחי' ומדרגות שיש בכל בחי' ומדרגה ממדרגות הקדושה
those adept in the Hidden Wisdom [i.e., Kabbalah] are well acquainted with the multitude of aspects and levels within every aspect and level among the various levels of holiness.
כמה בחי' פנים לפנים וכמה בחי' אחוריים לאחוריים לאין קץ וכו')
There are numerous aspects of "face to face," meaning (since panim is related to pnimiyut) that relative to a particular spiritual level, another level is even more "internal", or nearer to the Essence], and there are numerous aspects of "externality to externality," meaning the reverse, without end....)
Thus, relative to the internal level of the Supernal Will spoken about here, mitzvot are only termed "external", whereas in another context, when compared to a lower level, they are deemed the "internal" aspect of the Supernal Will.
* * *
The Alter Rebbe above called the commandments the 620 pillars of light of Keter. How does this agree with his previous statement, that the 613 garments of the mitzvot correspond to the 613 soul-powers?
The Alter Rebbe now answers that the seven commandments of the Sages (which bring the total to 620) are not self-sufficient mitzvot, but are branches of the Scriptural commandments from which they respectively derive. The soul thus has 613 garments that derive from the 613commandments, the Rabbinic mitzvot included. These garments garb the 613 powers of the soul.
והנה ז' מצות דרבנן אינן נחשבות מצות בפני עצמן שהרי כבר נאמר לא תוסף
Now, the seven precepts of the Sages are not counted as commandments in themselves, for it has been said,10 "You shall not add [to the commandments]."
אלא הן יוצאות ונמשכות ממצות התורה וכלולות בהן במספר תרי"ג להלביש תרי"ג בחי' וכחות שבנר"ן האדם
Rather, they derive and issue from the commandments of the Torah, and are included in them in the sum of 613 [commandments], which garb the 613 aspects and powers in the Nefesh, Ruach, and Neshamah of man.
It was previously stated that the mitzvot are like 613 hollow pillars that encompass and garb the Neshamah, or Ruach, or Nefesh of the individual who performs the commandments. It is through these pillars that the soul rises to the greatest of heights, and is bound up in the radiance of Keter. Additionally, it is through the garment of the mitzvot that the soul is able to behold "the pleasantness of G-d" and to experience the "pleasurable thirst" that transcend even the pnimiyut of Keter.
FOOTNOTES
1. Lit., "the scholars of truth.".
2. Pardes, Shaar 8, ch. 3.
3. Note of the Rebbe: "The analog to this requires clarification.".
4. I Melachim 7:16, et al.
5. Sanhedrin 65a.
6. Lit., "the commandment."
7. The phrase "and so on" is a euphemism for "or to evil."
8. I Shmuel 25:29.
9. Parentheses are in the original text.

10. Devarim 13:1.
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Rambam: 
Daily Mitzvah P246 Sefer Hamitzvot
Today's Mitzvah
Thursday, 20 Cheshvan 5775 • 13 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 2
Mamrim - Chapter 2
Halacha 1
When, using one of the principles of exegesis, the Supreme Sanhedrin derived a law through their perception of the matter and adjudicated a case accordingly, and afterwards, another court arose and they perceived another rationale on which basis, they would revoke the previous ruling, they may revoke it and rule according to their perception. This is reflected by Deuteronomy 17:9: "To the judge who will be in that age." This indicates that a person is obligated to follow only the court in his own generation.
Halacha 2
The following rules apply when a court issued a decree, instituted an edict, or established a custom and this practice spread throughout the Jewish people and another court arose and sought to nullify the original order and eliminate the original edict, decree, or custom. The later court does not have this authority unless it surpasses the original court in wisdom and in its number of adherents. If it surpasses the original court in wisdom, but not in the number of adherents, or in the number of adherents, but not in wisdom, it cannot nullify its statements. Even if the rationale for which the original court instituted the decree or the edict is nullified, the later court does not have the authority to negate their statements unless they are greater.
How is it possible that the later court will surpass the original court in number? For every Supreme Sanhedrin consists of 71 judges. The intent is the number of sages in the generation who consent and accept the matter stated by the Supreme Sanhedrin without opposing it.
Halacha 3
When does the above apply? With regard to matters that were not forbidden to create a safeguard for the words of the Torah, but rather resemble other Torah laws. A different principle applies, by contrast, with regard to matters which the court sought necessary to issue a decree and create a prohibition as a safeguard. If the prohibition spread throughout the Jewish people, another Supreme Sanhedrin does not have the authority to uproot the decree and grant license even if it was of greater stature than the original court.
Halacha 4
A court may, however, suspend the application of such decrees temporarily, even if it is of lesser stature than the original court. The rationale is that these decrees should not be considered as more severe than the words of the Torah itself, and any court has the authority to abrogate the words of the Torah as a temporary measure.
What is implied? If a court sees that it is necessary to strengthen the faith and create a safeguard so that the people will not violate Torah law, they may apply beatings and punishments that are not sanctioned by Torah. They may not, however, establish the matter for posterity and say that this is the halachah.
Similarly, if they saw that temporarily it was necessary to nullify a positive commandment or violate a negative commandment in order to bring people at large back to the Jewish faith or to prevent many Jews from transgressing in other matters, they may do what is necessary at that time. To explain by analogy: Just like a doctor may amputate a person's hand or foot so that the person as a whole will live; so, too, at times, the court may rule to temporarily violate some of the commandments so that they will later keep all of them. In this vein, the Sages of the previous generations said: "Desecrate one Sabbath for a person's sake so that he will keep many Sabbaths."
Halacha 5
When a court sees it necessary to issue a decree, institute an edict, or establish a custom, they must first contemplate the matter and see whether or not the majority of the community can uphold the practice. We never issue a decree on the community unless the majority of the community can uphold the practice.
Halacha 6
If a court issued a decree, thinking that the majority of the community could uphold it and after the decree was issued, the majority of the community raised contentions and the practice did not spread throughout the majority of the community, the decree is nullified. The court cannot compel the people to accept it.
Halacha 7
Sages issued a decree and thought that it spread among the entire Jewish people and the situation remained unchanged for many years. After a long duration of time, another court arose and checked throughout the Jewish community and saw that the observance of this decree had not spread throughout the Jewish community, it has the authority to negate the decree even if it is of lesser stature than the original court in wisdom and in number of adherents.
Halacha 8
Whenever a court releases two decrees, it should not rush to release a third decree.
Halacha 9
A court has the authority to issue a decree and forbid something which is permitted and have its decree perpetuated for generations to come. Similarly, it has the authority - as a temporary measure - to release the Torah's prohibitions. What then is the meaning of the Scriptural prohibitions Deuteronomy 13:1: "Do not add to it and do not detract from it"?
The intent is that they do not have the authority to add to the words of the Torah or to detract from them, establishing a matter forever as part of Scriptural Law. This applies both to the Written Law and the Oral Law.
What is implied? The Torah states Exodus 23:19: "Do not cook a kid in its mother's milk." According to the Oral Tradition, we learned that the Torah forbade both the cooking and eating of milk and meat, whether the meat of a domesticated animal or the meat of a wild beast. The meat of fowl, by contrast, is permitted to be cooked in milk according to Scriptural Law. Now if a court will come and permit partaking of the meat of a wild animal cooked in milk, it is detracting from the Torah. And if it forbids the meat of fowl cooked in milk saying that this is included in "the kid" forbidden by the Scriptural Law, it is adding to the Torah.
If, however, the court says: "The meat of fowl cooked in milk is permitted according to Scriptural Law. We, however, are prohibiting it and publicizing the prohibition as a decree, lest the matter lead to a detriment and people say: 'Eating the meat of fowl cooked in meat is permitted, because it is not explicitly forbidden by the Torah. Similarly, the meat of a wild animal cooked in milk is permitted, because it is also not explicitly forbidden.' "And another may come and say: 'Even the meat of a domesticated animal cooked in milk is permitted with the exception of a goat.' And another will come and say: 'Even the meat of a goat is permitted when cooked in the milk of a cow or a sheep. For the verse mentions only "its mother," i.e., an animal from the same species.' And still another will come and say: 'Even the meat of a goat is permitted when cooked in goat's milk as long the milk is not from the kid's mother, for the verse says: "its mother."' For these reasons, we will forbid all meat cooked in milk, even meat from fowl."
Such an approach is not adding to the Torah. Instead, it is creating safeguards for the Torah. Similar concepts apply in all analogous situations.
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Rambam:
• 3 Chapters a Day: To`en veNit`an - Chapter 13, To`en veNit`an - Chapter 14, To`en veNit`an - Chapter 15
To`en veNit`an - Chapter 13
Halacha 1
The following individuals are not given the privilege of establishing a claim of ownership even though they have benefited from a property for three years: craftsmen, sharecroppers, guardians, partners, a husband with regard to property belonging to his wife, a wife with regard to property belonging to her husband, a son with regard to property belonging to his father, and a father with regard to property belonging to his son.
The rationale is that in all these instances the owners will not be irritated if the other uses the property. Therefore, the fact that they benefited from it does not serve as proof of ownership, even though the owner did not protest. Instead, the property should be returned to the owner, provided that they bring proof that this land was known to belong to them, and that they take a sh'vu'at hesset that they did not sell or give away the land, as we have explained.
Halacha 2
Similarly, the exiliarchs of that period, a robber and a gentile cannot establish a claim of ownership because they benefited from a property. The rationale is that they are men of force.
Similarly, a deaf-mute, a mentally or emotionally unstable person and a minor cannot establish a claim of ownership through benefiting from a property. The rationale is that they do not have a claim on which the property could be awarded to them. Instead, the property should be returned to its owners. Conversely, if a person manifests ownership over his property for three years, the fact that he benefited from the property is not considered proof of ownership.
Halacha 3
What is meant by the statement that they are not given the privilege of establishing a claim of ownership over property? Reuven benefited from a field originally belonging to Shimon for a sufficient number of years to establish a claim of ownership. He claims that he purchased the land. Shimon brought witnesses who testify that the property was known to belong to him. Similarly, he brought witnesses who testify that Reuven was known to be his partner, his sharecropper or his guardian. For this reason, he claims that he did not protest. The field is returned to Shimon, provided that he takes a sh'vu'at hesset that he did not sell or give the property to Reuven. Similar laws apply with regard to the others mentioned above.
Different laws apply, however, if Shimon does not bring proof that Reuven was his partner or sharecropper, but instead, Reuven made this admission on his own initiative, saying: "Yes, he is my partner and he sold me the property." Since he benefited from the land for the number of years long enough to establish a claim of ownership and he could have said: "He was never my partner," his word is accepted like the word of other persons.
Halacha 4
What is meant by the exclusion of craftsmen? If a person was building a property or repairing it for many years he cannot establish a claim of ownership over it.
If the craftsman abandoned his profession and benefited from a property for three years after he abandoned the profession, he can establish a claim of ownership.
Halacha 5
What is meant by the exclusion of sharecroppers? For example, a person worked as a sharecropper for the father of the owner of the property, or for another member of the family. Since he is a sharecropper who has worked for the family, the owner will not lodge a protest against him. If, however, a person becomes a sharecropper for the first time and then benefits from the land for the length of time necessary to establish a claim of ownership, he is allowed to retain possession. We tell the owners: "How did you allow him to benefit from the property year after year without issuing a protest?"
Halacha 6
Moreover, even when a sharecropper who has worked for the family brings other sharecroppers to work in his place, he may establish a claim of ownership. For ordinarily, there is no way that a person will bring sharecroppers into a colleague's property, and the latter will remain silent.
If, however, he divided the land among other sharecroppers who also worked on that property, he may not establish a claim of ownership. For it is possible that the owner appointed him as a supervisor over the sharecroppers.
When a sharecropper ceases working in that capacity and afterwards benefits from the produce of the land on which he had been working for three years, he establishes a claim of ownership.
Halacha 7
What is meant by the exclusion of guardians? The exclusion applies whether the guardian was charged with caring for a particular field or all of an heir's properties, whether he was appointed by the court or appointed by the father of the orphans, and the orphans came of age and allowed him to remain in that capacity, or whether an adult appointed a guardian to supervise his income and expenditures. Since these persons have permission to use the property, they cannot establish a claim of ownership. If a guardian left his position and benefited from the property for three years after leaving, he establishes a claim of ownership.
Halacha 8
What is meant by the exclusion of partners? When a person is a partner in a field that is not required to be divided , even though he alone benefits from the entire field for several years, the field is still presumed to be owned by both of the partners.
If, however, it is large enough to be divided and only one of the partners benefited from it in its entirety for the years necessary to establish a claim of ownership, he establishes such a claim. For he may tell his partner: "If it is true that you did not sell or give me your share of the field, why did I alone benefit from the entire field? Why did you remain silent and not protest for all these three years?"
Similarly, when a man who had stipulated that he waives the right to benefit from his wife's property nevertheless derives benefit from his wife's property for the number of years necessary to establish a claim of ownership, the fact that he derived benefit is of no consequence. This applies even when - while she was consecrated but not yet married - he stipulated that he would not inherit her property, and afterwards derived benefit from it, built or destroyed structures on it, doing whatever he desired.
Similarly, when a woman derived benefit from her husband's property and made use of it as she desired for several years, the fact that she derived benefit is of no consequence. This applies even if her husband designated another field for her to derive her livelihood from, and she benefited from other fields.
Similarly, when a son receives his livelihood at his father's home and is considered one of the members of his household, if he benefits from his father's property for the number of years necessary to establish a claim of ownership, it is of no consequence. The same law applies when the father derives benefit from the property of this son, who derives his livelihood from him for the number of years necessary to establish a claim of ownership.
Halacha 9
If such a son leaves his father's household or a woman is divorced - this applies even if there is a question whether the divorce is effective - they are bound by the laws that apply to all other individuals.
Halacha 10
The exiliarchs of the Talmudic era could not establish a claim of ownership because they benefited from a field. The rationale is that they had the authority to rale over the people.
Similarly, when a person manifests ownership over property belonging to the exiliarchs, even if he benefits from it for a number of years, the fact that he derived benefit is not significant. The rationale is that the exiliarchs do not protest because they have the power to remove the other person from the property whenever they desire. Instead, they must take a sh'vu'at hesset that they did not sell or give that person the property. Conversely, if they took possession of the property of another person, and that person says that he did not sell the property, that person must take a sh'vu'at hesset that he did not sell or give them the property.
Halacha 11
What is meant by the exclusion of robbers? When a person is presumed to have stolen this field, or his ancestors were presumed to kill people in order to take their property, although he benefits from a field for several years, he does not establish a claim of ownership, and the field should be returned to its owners.
To`en veNit`an - Chapter 14
Halacha 1
If any of the individuals who are not able to establish a claim of ownership by benefiting from a property bring witnesses who testify that the owner sold them this particular field or gave it to them as a present, the testimony is accepted as substantial. There are two exceptions: a robber, and a husband with regard to his wife's property. With regard to which property were the above statements made? With regard to nichsei tzon barzel, a field designated as payment for the money due her by virtue of her ketubah, a field belonging to her and mentioned in her ketubah, or a field that her husband had evaluated in her ketubah as a present for her. With regard to nichsei milog, by contrast, he may bring proof, as stated in Hilchot Ishut.
Halacha 2
What is meant by saying that a robber cannot substantiate the sale of a property? Once it has been established that a person gained possession of a field through robbery, he cannot substantiate his possession of a field even though he brings proof that, in the presence of witnesses, the owner acknowledged the fact that he sold him this field and received payment for it. For the owner can say: "We never sold the field; we acknowledged [the sale only out of fear." In such an instance, we expropriate the field from the robber, and he is not given anything.
If witnesses testify that the robber counted out a specific sum of money to the owner, we expropriate the field from the robber and require the owner to return the money, as stated in Hilchot Gezelah.
Halacha 3
The following rules apply when the son of a craftsman, the son of a sharecropper, or the son of a guardian benefits from a field for the number of years necessary to establish a claim of ownership. If these individuals claim that the owner sold the property to them, or gave it to them as a present, their claim is established. If, however, they claim that the property is an inheritance that they received from their father, who benefited from it for the number of years necessary to establish a claim of ownership, their claim is not accepted.
If they bring witnesses who testify that the owner acknowledged to their father that he sold it or gave it to him, they are allowed to retain possession of the field.
Halacha 4
Although the son of a robber brings proof that the owner acknowledged to their father that he sold a property to him, it is of no consequence, as explained above. When, however, a robber's grandson claims that he - or even his father - acquired a property, he can establish a claim of ownership. If, however, his claim is based on his grandfather's acquisition, he cannot establish a claim of ownership.
Halacha 5
Even though a gentile benefited from a property for several years, he cannot establish a claim of ownership on this basis. If he does not bring a deed of sale, we require that the field be returned to its owner. An oath is not required, for a sh'vu 'at hesset was ordained only when the plaintiff was Jewish.
When a Jew claims a property on the basis of the claim of a gentile, he is governed by the same laws as the gentile, and the fact that he benefited from the property is not significant.
Halacha 6
If the Jew who acquired the property from the gentile claimed: "In my presence, the gentile who sold me the land acquired this land from the Jew who is disputing my claim," his claim is accepted, provided that he supports it with a sh'vu 'at hesset. The rationale is that since the claimant could have asserted: "I acquired it from you and I benefited from it for the number of years necessary to establish a claim of ownership," we accept his word when he asserts: "I acquired it from so-and-so who, in my presence, acquired it from you."
Halacha 7
A claim of ownership cannot be established with regard to property inherited by a minor, even when the minor later attains majority. What is implied? A person benefited from property inherited by a minor for one year in the minor's presence before the minor attained majority, and for two years after he attained majority. Although he claims: "You sold it to me" or "You gave it to me," his claim is not accepted unless he benefits from the property for three consecutive years after he attains majority.
Halacha 8
The following rules apply when a person maintains possession of property belonging to a minor for many years and claims: "I am maintaining possession of it as security, and I am owed this-and-this on its account." Since if he had desired, he could have said: "I purchased it," his word is accepted, for it has not been established that the property belonged to this person's father. Hence, the person in possession may collect what he claims from the property' s increase in value. The property itself is then returned to the orphans.
If, however, the property is reputed to belong to the orphans, the claim of the person in possession is not accepted. The rationale is that a claim of ownership cannot be established over property belonging to a minor. Instead, the field and all the produce that the person used must be returned to the orphans. When they come of age, the plaintiff will lodge a claim against them. 6
Halacha 9
Different rules apply if the person in possession benefited from the field for the time necessary to establish a claim of ownership during the lifetime of the orphans' father. Since he could have claimed that he is the owner because he purchased it from their father, we accept his word when he claims that a debt is owed him by their father. He collects the debt from the produce of the field. Since he could say that the produce belongs to him, he is not required to take an oath concerning it.
Halacha 10
When a person has to flee because of a danger to his life - e.g., the king desired to kill him - a claim of ownership cannot be established with regard to his property. Even if the person in possession of it derived benefit for several years and claimed that he purchased it, the fact that he derived benefit is not significant. We do not tell the owner of the field: "Why didn't you protest?" For the answer is obvious; he was concerned over his life. If, however, a person flees because of financial matters, he is considered like any other person. Thus, if he does not protest, a claim of ownership can be established over his property.
Halacha 11
A claim of ownership can be established over the property of a married woman.
What is implied? A person benefited from the land for a portion of the period necessary to establish a claim of ownership during the lifetime of the woman's husband, and for three years after the husband's death. If he claims: "You and your husband sold it to me," he is allowed to maintain possession. The rationale is that since the person in possession could say: "I purchased it from you after the death of your husband" - for he benefited from it for the amount of time necessary to establish a claim of ownership after the death of her husband and she did not protest his word is accepted with regard to the claim mentioned above.
If, however, he benefited from the property for several years during the lifetime of her husband, but did not benefit from it for the amount of time necessary to establish a claim of ownership after the death of her husband, he does not establish a claim of ownership.
Halacha 12
Possession of property for the time necessary to establish a claim of ownership is of no consequence unless it is accompanied by a claim of acquisition.
What is implied? A person benefited from the produce of a field for several years. Afterwards, the person raising the protest comes and claims: "How did you acquire this field? It's mine."
The person in possession responds: "I don't know who the owner is. Since no one said anything to me about it. I took possession of it."
This does not establish a claim of ownership. For he is not claiming that he acquired it, that it was given to him, or that he inherited it. Nevertheless, even though he does not issue such a demand, the field is not expropriated from him until the person protesting brings witnesses that the field belongs to him. When, however, he brings witnesses, the field and all the benefit that he received from it is expropriated from the squatter.
We do not open by asking the squatter: "Perhaps you had a deed of acquisition and you lost it." He must make such a claim on his own. If he does not make such a claim, he must return all the produce that he reaped. Similarly, when a person benefits from a field for the number of years necessary to establish a claim of ownership on the basis of a deed of sale, and that deed of sale was disqualified, the claim of ownership established is nullified. The field and all of the produce reaped must be returned to the original owner.
Halacha 13
When a person claims ownership of a field as an inheritance, he must bring proof that his father dwelled in or used this field for even one day. Once that is accomplished, since he benefited from the field for three years on the basis of his father's ownership, he is allowed to retain possession.
If, however, he did not bring proof that his father lived in it at all, the field and all of the produce reaped must be returned to the person lodging the protest, if he brings witnesses who testify that the field belongs to him. The rationale is that the person in possession does not claim that the owner sold or gave him the field, and it is not known that the field belonged to his ancestors.
If the person in possession brought proof that his father was seen in the field, it is of no consequence. Perhaps he went to inspect it and did not purchase it. Instead, he must bring proof that his father dwelled there for at least one day.
Halacha 14
The following laws apply when a person benefited from a field for many years and the person raising the protest states: "What are you doing in this field?"
The person in possession acknowledges the truth of his statements, but says: "I know that it once belonged to you, but so-and-so sold it to me, and he purchased it from you."
The person raising the protest states: "So-and-so, the person who sold you the field, is a robber."
Since the person in possession admitted that the field belonged to him and that he did not purchase it from him, the field and all of its produce must be returned to the person raising the protest. This applies even though that person does not bring witnesses that the field belongs to him. Similar laws apply in all analogous situations.
If the person in possession brings witnesses who testify that the person who sold the field to him lived in it for even one day or he told him, "He purchased it from you in my presence and afterwards he sold it to me," he is allowed to retain possession, for he has a definite claim and he has established a claim of ownership. If he desired, he could have claimed: "I purchased it from you." His claim would have been accepted, for he lived in it long enough to establish a claim of ownership.
To`en veNit`an - Chapter 15
Halacha 1
The following rules apply when a person raises a protest regarding the ownership of a particular field and brings witnesses who testify that it was known to belong to him. The person in possession produces a deed of sale that he purchased it from the protester and also brings witnesses who testify that he benefited from the land for enough time to establish a claim of ownership. We tell the person in possession at the outset: "Validate your deed of sale." If the deed of sale is validated, it is preferable, and the judgment is based on the deed of sale. If he cannot validate the deed of sale, we rely on the witnesses who testify that he has established a claim of ownership. The person in possession must take a sh'vu 'at hesset that he purchased it from the protester.
Halacha 2
When there are differences between the testimony of the two witnesses who testify that a claim of ownership has been established - e.g., one testifies that the person in possession benefited from wheat for three years and the other testifies that he benefited from barley - their testimony is accepted. For witnesses are not concerned with these particulars. If one witness testifies that the person in possession benefited from the property in the first, third and fifth years, and the other testifies that he benefited in the second, fourth and sixth years, their testimonies cannot be linked together. The rationale is that neither testified concerning the year about which the other testified. Hence, the land and its produce must be returned.
Halacha 3
If a person took possession of a field on the assumption that he is the heir and benefited from the field, and then it was discovered that there was another heir who shared a closer connection and is fit to inherit the field, the person who took possession of the field first is obligated to return all the produce that he ate. This applies whether witnesses testified to the closer relative's identity or the person who first took possession of the property acknowledged it.
Halacha 4
The following laws apply when two people are disputing the ownership of a field, each claiming it to be his own, but neither has proof of his claim. These same laws apply when both claimants bring witnesses who testify that the field belongs to them or to their parents, or when each of them brings witnesses who testify that the claimants benefited from the field for the time necessary to establish a claim of ownership, and both pairs of witnesses testify about exactly the same time period. We leave the field in their hands, and whoever overcomes the other one assumes possession. If the other seeks to expropriate the field from him, he must bring proof of his ownership.
If a third party comes, seizes the property from them and takes possession of it, he is removed from it and it is returned to the others.
Halacha 5
If one claimant brings witnesses who testify that the field belonged to his ancestors, that he benefited from it for the period necessary to establish a claim of ownership, and that it is in his possession, and the other brings witnesses who testify that he benefited from it for the period necessary to establish a claim of ownership and that it is in his possession, the testimonies regarding the claims of ownership contradict each other. We grant the field to the person who produced witnesses that it belonged to his ancestors, and give him possession of it.
If the second person also brought witnesses who testify that the field belonged to his ancestors, and so this testimony also involves a contradiction, the court rescinds its initial ruling, removes the first claimant from it, and leaves it in possession of both of them. The one who overpowers the other acquires the right of ownership.
Halacha 6
When both claimants say that the field belonged to their ancestors, and one brings witnesses who testify that the field belonged to his ancestors, while the other brings witnesses who testify only that he benefited from the field for the period necessary to establish a claim of ownership, the field should be returned to the one who brought witnesses that it belonged to his ancestors. The other claimant must return the produce that he used. The rationale is that he did not issue a claim. Hence, his consumption of the produce does not serve as proof. For any claim of ownership that is not based on a assertion against the owners is of no consequence.
If the person in possession of the field retorts: "Yes. It belonged to your ancestors and you sold it to me. When I originally claimed that it belonged to my ancestors, I meant that my claim of ownership over it is so strong that it is as if it belonged to my ancestors," or he states: "It was my ancestors, because they purchased it from your ancestors, his claim is valid, for he gave an explanation for his original statements. Hence, we allow him to maintain possession.
If at the outset, he claimed: "It belonged to my ancestors and not your ancestors," we do not accept his later claim. Similar laws apply in all analogous situations.
Halacha 7
The following rules apply when Reuven was in possession of a field and Shimon came and protested his ownership. Reuven responded: "I purchased this field from Levi and benefited from it for the amount of time necessary to establish a claim of ownership."
Shimon answered him: "I have a validated deed of sale in my possession that I purchased the field from Levi four years ago."
Reuven retorted: "Do you think that it is only three years since I purchased. I purchased it many years ago? My claim precedes yours."
Reuven's claim is acceptable, for it is common for a person to call many years "the amount of time necessary to establish a claim of ownership." Therefore, if Reuven brings witnesses who testify that he benefited from the field for seven years - and he thus would have established a claim of ownership before Shimon purchased the field - he is allowed to retain possession. If, however, he benefited from it for less than seven years, the field is returned to Shimon. The rationale is that Levi could not have issued a greater protest over Reuven's use of the field than selling it to Shimon before Reuven established a claim of ownership.
Halacha 8
The following rules apply when one claimant stated: "The field belonged to my ancestors" and brought witnesses who substantiate his claim and another claims: "It belonged to my ancestors," but does not have witnesses. The field should be returned to the one who brought witnesses. All the produce that the other claimant acknowledges consuming is expropriated from him, even though there are no witnesses that he consumed it. The rationale is that he admits that he consumed produce because the field belonged to his ancestors, and there are witnesses that the field belonged to the ancestors of the other claimant. Similar laws apply in all analogous situations.
Halacha 9
We apply the principle of miggo in the following situation: One person is in possession of a field. Another raises a protest, bringing witnesses who testify that the field once belonged to him. The person in possession states: "I purchased it from you. Here is the deed of sale," and produces a deed that is validated.
The person raising the protest claims that the deed is a forgery. The one in possession admits this, but claims: "I had a valid deed of sale, but I lost it. I took this so that I would have something in hand to intimidate him, so that he would admit that he actually sold it to me."
Since he could have stood by his deed of sale, for it has been validated, his word is accepted. We do not expropriate the field from his possession. He must, however, take a sh'vu'at hesset to support his claim.
Halacha 10
The following rules apply when a person protests a colleague's ownership of a field and brings witnesses who testify that the field belongs to him. The person in possession claims: "I purchased the field from you and benefited from it for the time necessary to establish a claim of ownership" and brings witnesses who support his claim.
The protester responded, claiming: "How could you claim that you purchased it from me on this date three years ago? At that time, I was not in this country."
To resolve the question, the court requires the person in possession to bring proof that the person raising the protest was together with him in that city at the time he claims that he sold him the field, even for one day, so that he could have sold it. If he did not bring proof, he is removed from the field.
Halacha 11
The following rules apply when a person journeyed overseas, and the path to his field was lost. These laws apply whether the fields surrounding his field were owned by four different people or they were all purchased from one person. Each of the owners may turn away the claimant, telling him: "What makes you say that your way passes through my property? Maybe it passes through the property of my colleagues?" Hence, the claimant must purchase a path, even though it costs 100 maneh, or he must fly through the air.
Similarly, when the four fields belong to one person who purchased them from four people, he is not required to provide the claimant with a path. For he can tell him: "If I now returned each one his deed of sale, you would not be able to pass through the property of any one of them. And I purchased from each one every right that he possessed."
If, however, there was one person who owned all four fields, and he was this person's neighbor from the beginning until the end, the claimant can tell him: "You certainly must provide me with a path." Hence, he should be given the shortest path through any one of the fields that the owner chooses. Similar laws apply in all analogous situations.
If the claimant takes possession of a path saying: "This is my path," he may not be removed from it unless the owner of that property brings explicit proof that it never belonged to him.
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Hayom Yom:
Thursday, 20 Cheshvan 5775 • 13 November 2014

"Today's Day"
Thursday, Cheshvan 20, 5704
Torah lessons: Chumash: Chayei Sara, Chamishi with Rashi.
Tehillim: 97-103.
Tanya: Now, the Cabbalists (p. 579) ...neshamah of man. (p. 581).
Birth of R. Shalom Dovber in the year which the Tzemach Tzedek termed Kitra1 ("crown") - 5621 (1860). He was named for the Mitteler Rebbe2 and half the name of the Tzemach Tzedek's father.3
Every year my father delivered a maamar on his birthday, but he did so secretly except when it coincided with Shabbat. On his last birthday here on earth4 he said the maamar Natata lirei'echa neiss...5 When he concluded he said to me, "on one's birthday he should say Chassidus. May G-d give you a gift that you may say Chassidus on your birthday, but it should be with kindness and mercy." It took seven years for this to happen.6
FOOTNOTES
1. Kitra is numerically 5621.
2. R. Dovber.
3. R. Shalom Shachna.
4. 1919.
5. Tehillim 60:6.

6. The Festival of Liberation of the previous Rebbe (from Soviet imprisonment for his spreading of Torah and Judaism) occurred on his birthday, the 12th of Tamuz, in the year 5687 (1927) - during his seventh year as Rebbe. He succeeded to the leadership in 5680 (1920) upon his father's demise.
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Daily Thought:
G-d's Question
Before He brought the cosmos into being, all that now exists was no more than a question in His mind, a counterpoint of ideas, pondering, “Should it be? Or should it not?”
Then, from that thought, He created all things, and out of all things He formed Adam.
“And He breathed into his nostrils the breath of life, and Adam became a living being.”
So Adam awoke and he began to ponder: Is there really a world? Should there be a world? Why should there be anything at all? Is it worthwhile?
And now that is struggle within each of us.[Maamar Zeh Hayom 5741, s’if 5.]
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