Chabad - Today in Judaism - TODAY IS: Tuesday, 25 Cheshvan 5775 • 18 November 2014

Chabad - Today in Judaism - TODAY IS: Tuesday, 25 Cheshvan 5775 • 18 November 2014
Today's Laws & Customs:

Today in Jewish History:
DAILY QUOTE:
G-d transcends all definitions, including the definition, "existence"(Maimonides)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Toldot, 3rd Portion (Genesis 26:13-26:22) with Rashi
• Chapter 26
13. And the man became great, and he grew constantly greater until he had grown very great. יג. וַיִּגְדַּל הָאִישׁ וַיֵּלֶךְ הָלוֹךְ וְגָדֵל עַד כִּי גָדַל מְאֹד:
he had grown very great: For they would say,“Rather the manure of Isaac’s mules than Abimelech’s silver and gold” (Gen. Rabbah 64:7).
כי גדל מאד: שהיו אומרים זבל פרדותיו של יצחק ולא כספו וזהבו של אבימלך:
14. And he had possessions of sheep and possessions of cattle and much production, and the Philistines envied him. יד. וַיְהִי לוֹ מִקְנֵה צֹאן וּמִקְנֵה בָקָר וַעֲבֻדָּה רַבָּה וַיְקַנְאוּ אֹתוֹ פְּלִשְׁתִּים:
and much production: Heb. וַעִבֻדָּה רַבָּה, much activity, in Old French ouvrene (enterprises). עִבוֹדָה means one job, whereas עִבֻדָּה means much production.
ועבדה רבה: פעולה רבה, בלשון לע"ז אובריינ"א [מכלול העבודות] עבודה משמע עבודה אחת, עבודה משמע פעולה רבה:
15. And all the wells that his father's servants had dug in the days of Abraham his father the Philistines stopped them up and filled them with earth. טו. וְכָל הַבְּאֵרֹת אֲשֶׁר חָפְרוּ עַבְדֵי אָבִיו בִּימֵי אַבְרָהָם אָבִיו סִתְּמוּם פְּלִשְׁתִּים וַיְמַלְאוּם עָפָר:
the Philistines stopped them up: Because they said,“They are a danger to us due to the armies that will come upon us.” [Onkelos renders:] טְמוּנוּן פְּלִשְׁתָּאֵי an expression of stopping up, and in the language of the Talmud,“stops up (מְטַמְטֵם) the heart.”
סתמום פלשתים: מפני שאמרו תקלה הם לנו מפני הגייסות הבאות עלינו. טמונין פלשתאי לשון סתימה, ובלשון משנה (פסחים מב א) מטמטם את הלב:
16. And Abimelech said to Isaac, "Go away from us, for you have become much stronger than we." טז. וַיֹּאמֶר אֲבִימֶלֶךְ אֶל יִצְחָק לֵךְ מֵעִמָּנוּ כִּי עָצַמְתָּ מִמֶּנּוּ מְאֹד:
17. And Isaac went away from there, and he encamped in the valley of Gerar and dwelt there. יז. וַיֵּלֶךְ מִשָּׁם יִצְחָק וַיִּחַן בְּנַחַל גְּרָר וַיֵּשֶׁב שָׁם:
in the valley of Gerar: far from the city.
בנחל גרר: רחוק מן העיר:
18. And Isaac again dug the wells of water which they had dug in the days of his father, Abraham, and the Philistines had stopped them up after Abraham's death; and he gave them names like the names that his father had given them. יח. וַיָּשָׁב יִצְחָק וַיַּחְפֹּר | אֶת בְּאֵרֹת הַמַּיִם אֲשֶׁר חָפְרוּ בִּימֵי אַבְרָהָם אָבִיו וַיְסַתְּמוּם פְּלִשְׁתִּים אַחֲרֵי מוֹת אַבְרָהָם וַיִּקְרָא לָהֶן שֵׁמוֹת כַּשֵּׁמֹת אֲשֶׁר קָרָא לָהֶן אָבִיו:
And Isaac again dug: [Meaning] the wells that they had dug in the days of his father Abraham and that the Philistines had stopped up-before Isaac traveled from Gerar, he went back and dug them.
וישב ויחפר: הבארות אשר חפרו בימי אברהם אביו. ופלשתים סתמום, מקודם שנסע יצחק מגרר חזר וחפרן:
19. And Isaac's servants dug in the valley, and they found there a well of living waters. יט. וַיַּחְפְּרוּ עַבְדֵי יִצְחָק בַּנָּחַל וַיִּמְצְאוּ שָׁם בְּאֵר מַיִם חַיִּים:
20. And the shepherds of Gerar quarreled with Isaac's shepherds, saying, "The water is ours"; so he named the well Esek, because they had contended with him. כ. וַיָּרִיבוּ רֹעֵי גְרָר עִם רֹעֵי יִצְחָק לֵאמֹר לָנוּ הַמָּיִם וַיִּקְרָא שֵׁם הַבְּאֵר עֵשֶׂק כִּי הִתְעַשְּׂקוּ עִמּוֹ:
Esek: Contention.
עשק: ערער:
because they had contended with him: They engaged with him about it with strife and contention.
כי התעשקו עמו: נתעשקו עמו עליה במריבה וערעור:
21. And they dug another well, and they quarreled about it also; so he named it Sitnah. כא. וַיַּחְפְּרוּ בְּאֵר אַחֶרֶת וַיָּרִיבוּ גַּם עָלֶיהָ וַיִּקְרָא שְׁמָהּ שִׂטְנָה:
Sitnah: nuysemant in Old French (harm, wrong, injury).
שטנה: נוישימונ"ט [נזק]:
22. And he moved away from there, and he dug another well, and they did not quarrel over it; so he named it Rehoboth, and he said, "For now the Lord has made room for us, and we will be fruitful in the land." כב. וַיַּעְתֵּק מִשָּׁם וַיַּחְפֹּר בְּאֵר אַחֶרֶת וְלֹא רָבוּ עָלֶיהָ וַיִּקְרָא שְׁמָהּ רְחֹבוֹת וַיֹּאמֶר כִּי עַתָּה הִרְחִיב יְהֹוָה לָנוּ וּפָרִינוּ בָאָרֶץ:
and we will be fruitful in the land: Heb. וּפָרִינוּ בָאָרֶץ, as the Targum translates it: וְנִיפוּשׁ בְּאַרְעָא,“and we will be fruitful in the land.”
ופרינו בארץ: כתרגומו ונפוש בארעא: 
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Daily Tehillim: Psalms Chapter 119, Verses 1-96
• Verses 1-96
David composed this prominent psalm in alphabetical sequence-eight verses for each letter. Every verse contains one of the following words (referring to different aspects of Torah): Way; Torah; Testimony; Precept; Commandment; Statement (translated here as Word or Promise); Word; Judgement (or Laws); Righteousness; Statute. Replete with morals and prayers, this psalm should be recited daily, as a powerful preparation for the service of God. (In verses beginning with one of the letters of the mnemonic PeReTZ BeN DaMaH, the word "עדותיך" is pronounced "eidvotecha.")
1. Fortunate are those whose way is artless, who walk with the Torah of the Lord.
2. Fortunate are those who keep His testimonies, who seek Him with all their hearts.
3. Indeed, they have not done iniquity; they walk in His ways.
4. You have commanded Your precepts to be observed diligently.
5. My wish is that my ways be directed to keep Your statutes.
6. Then I will not be ashamed, when I behold all Your commandments.
7. I will give thanks to You with uprightness of heart, when I learn Your righteous judgments.
8. I will keep Your statutes; do not utterly forsake me
9. How can a young man keep his way pure? By observing Your word.
10. With all my heart I have sought You; do not let me stray from Your commandments.
11. I have harbored Your word in my heart, that I might not sin against You.
12. Blessed are You, O Lord; teach me Your statutes.
13. With my lips I have declared all the judgments of Your mouth.
14. I have rejoiced in the way of Your testimonies, as I would with all riches.
15. I will speak of Your precepts, and gaze upon Your ways.
16. I will delight in Your statutes; I will not forget Your word.
17. Deal kindly with Your servant, that I may live to keep Your word.
18. Unveil my eyes, that I may behold wonders from Your Torah.
19. I am a sojourner on earth; do not hide Your commandments from me.
20. My soul is crushed with a longing for Your judgments every moment.
21. You have rebuked the accursed scoffers, those who stray from Your commandments.
22. Remove insult and contempt from me, for I have kept Your testimonies.
23. Though princes sat and spoke against me, Your servant speaks of Your statutes.
24. Indeed, Your testimonies are my delight; they are my counsellors.
25. My soul cleaves to the dust; revive me in accordance with Your word.
26. I have spoken of my ways, and You answered me; teach me Your statutes.
27. Make me understand the way of Your precepts, and I will speak of Your wonders.
28. My soul drips away out of grief; sustain me according to Your word.
29. Remove from me the way of falsehood, and graciously endow me with Your Torah.
30. I have chosen the way of faith; Your judgments have I laid before me.
31. I held fast to Your testimonies, O Lord; put me not to shame.
32. I will run on the path of Your commandments, for You will broaden my heart.
33. Teach me, O Lord, the way of Your statutes, and I will keep it to the last.
34. Grant me understanding and I will keep Your Torah; I will observe it with all my heart.
35. Direct me in the path of Your commandments, for that is my desire.
36. Incline my heart to Your testimonies, and not to greed.
37. Avert my eyes from seeing vanity; by Your ways give me life.
38. Fulfill for Your servant Your promise, which brings to the fear of You.
39. Remove my shame which I fear, for Your judgments are good.
40. Behold, I have longed for Your precepts; give me life in Your righteousness.
41. And let Your kindness come to fruition for me, O Lord, Your salvation as You promised.
42. I will offer a retort to those who taunt me, for I trust in Your word.
43. Do not at all remove the word of truth from my mouth, for I hope [to fulfill] Your judgments.
44. I will keep Your Torah continually, for ever and ever.
45. And I will walk in spacious paths, for I seek Your precepts.
46. I will speak of Your testimonies before kings, and I will not be ashamed.
47. And I will delight in Your commandments, which I love.
48. I will lift up my hands to Your commandments, which I love, and I will speak of Your statutes.
49. Remember the word [promised] to Your servant, by which You gave me hope.
50. This is my comfort in my affliction, for Your word has given me life.
51. [Though] the wicked ridicule me severely, I have not strayed from Your Torah.
52. When I remember Your judgments of old, O Lord, I take comfort.
53. Trembling seized me because of the wicked, those who forsake Your Torah.
54. Your statutes have been my songs in the house of my wanderings.
55. At night I remembered Your Name, O Lord, and I kept Your Torah.
56. All this came to me because I kept Your precepts.
57. The Lord is my portion; I pledged to keep Your words.
58. I pleaded before You with all my heart: have compassion upon me according to Your word.
59. I contemplated my ways, and returned my feet to Your testimonies.
60. I hurried and did not delay to keep Your commandments.
61. Bands of wicked men plundered me, [but] I did not forget Your Torah.
62. At midnight, I rise to thank You for Your righteous judgments.
63. I am a friend to all who fear You, and to those who keep Your precepts.
64. Your kindness, O Lord, fills the earth; teach me Your statutes.
65. You have dealt goodness to Your servant, O Lord, in accord with Your promise.
66. Teach me the goodness and wisdom of the [Torah's] reasons, for I believe in Your commandments.
67. Before I afflicted myself, I would blunder; but now I observe Your word.
68. You are good and benevolent; teach me Your statutes.
69. The wicked have smeared me with lies, [when in truth] I keep Your precepts with all my heart.
70. Their hearts grew thick as fat; but as for me, Your Torah is my delight.
71. It is for my good that I was afflicted, so that I might learn Your statutes.
72. The Torah of Your mouth is better for me than thousands in gold and silver.
73. Your hands have made me and prepared me; grant me understanding, that I may learn Your commandments.
74. Those who fear You will see me and rejoice, because I hoped in Your word.
75. I know, O Lord, that Your judgments are just; righteously have You afflicted me.
76. Let Your kindness be my comfort, as You promised to Your servant.
77. Let Your mercies come upon me, that I may live, for Your Torah is my delight.
78. Let the scoffers be shamed, for they have maligned me with falsehood; but I will meditate upon Your precepts.
79. May those who fear You return to me, and those who know Your testimonies.
80. May my heart be perfect in Your statutes, so that I not be shamed.
81. My soul longs for Your salvation; I hope for Your word.
82. My eyes long for Your promise, saying, "When will You comfort me?”
83. Though I became [dried out] like a wineskin in smoke, I did not forget Your statutes.
84. How many are the days of Your servant? When will You execute judgment upon my pursuers?
85. The wicked have dug pits for me, in violation of Your Torah.
86. All Your commandments teach truth, [yet] they pursue me with lies, help me!
87. They nearly consumed me upon the earth, but I did not forsake Your precepts.
88. As befits Your kindness, grant me life, and I will keep the testimony of Your mouth.
89. Forever, O Lord, Your word stands firm in the heavens.
90. Your faithfulness persists for all generations; You established the earth, and it stands.
91. They stand ready today [to execute] Your judgments, for all are Your servants.
92. Had Your Torah not been my delight, I would have perished in my affliction.
93. Never will I forget Your precepts, for through them You have sustained me.
94. I am Yours; save me, for I have sought Your precepts.
95. The wicked hope to destroy me, but I meditate upon Your testimonies.
96. To every goal I have seen a limit, but Your commandment is immensely broad.
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Tanya: Iggeret HaKodesh, Epistle 32
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, 25 Cheshvan 5775 • 18 November 2014
Iggeret HaKodesh, Epistle 32
Just as the Alter Rebbe opened the first Epistle in this series1 with a blessing — occasioned by the good news that most of the chassidic congregations had completed their annual study of the Talmud — so, too, this final Epistle begins with a blessing.
Evidently, this blessing too was occasioned by good news — that the Alter Rebbe’s chassidim had organized the collection of charity for the Holy Land faithfully and efficiently, with a lively gabbai tzedakah appointed in each town or congregation to rouse his brethren to action. The Alter Rebbe therefore extends his blessings both to the donors and to the gabbaim, explaining meanwhile in mystical terms why generosity is at its best when it is spontaneously aroused by one’s own spiritual endeavors.
The Rebbe indicates in a letter, that the first and final Epistles of Iggeret HaKodesh are also connected, in that both of them laud the service of prayer when it is undertaken with proper intent.
The first speaks of “devout concentration during prayer from the depths of the heart...to the extent of pressing out the soul.” As explained there, this fortifies the mind that meditates upon G‑d’s greatness, while fanning man’s love and awe of G‑d. This final Epistle speaks of “an arousal of the love of G‑d when reading the Shema, cleaving to Him and surrendering one’s soul at Echad, and [loving G‑d] ‘with all [his] wealth,’ in the literal sense.”
When this inspiration crystallizes into practical expression in this material world here below, the resultant tzedakah is of the finest, for it is born of one’s own labors in the service of prayer.
ברך ה׳ חילם, ופועל ידם ירצה
May2 G‑d bless your3 effort and favor the work of your hands,
The above blessing, which Moses gave the Tribe of Levi, is understood by our Sages4 to refer to the service in the Holy Temple. As to the period of exile, when the Beit HaMikdash has not yet been rebuilt, Avot deRabbi Natan states5 that tzedakah and acts of lovingkindness bring about the same atonement as was effected by the Temple service. This may well explain why the Alter Rebbe chooses this particular verse as the text of the blessing that he offered to those who give tzedakah.
לרצון להם לפני ה׳ תמיד
so that you may be accepted before G‑d at all times.6
With this addition the Alter Rebbe apparently implies that though his readers’ tzedakah amounts to no more than a fifth of their earnings, this fifth nevertheless elevates the whole of their income to G‑d, as explained above in Tanya, ch. 34. In this way, not only the effort expended in earning the funds set aside for tzedakah, but with it the entire “work of their hands,” becomes “accepted before G‑d at all times.”
כה יתן וכה יוסיף ה׳, לאמץ לבם בגבורים
So may G‑d ever continue to grant you [His blessings], to fortify your hearts amongst the valiant.7
This sentence would tend to connect this Epistle with the good news the Alter Rebbe received from his chassidim with regard to the giving of tzedakah. Hence his blessings that G‑d should further strengthen them in a practice whose performance requires one to be valiant, in the spirit of the teaching,8 “Who is valiant? — He who conquers his evil inclination”; i.e., he who gives even more than he desires to give.
ונדיב על נדיבות יקום
And he that is generous stands over generous things,9
This paraphrase evidently means that the public-spirited catalyst who motivates others to give is even more praiseworthy than those who actually give.
להיות גדול המעשה, בכל עיר ומנין
to be “great” by causing others to act, in every city and congregation, for10 “He who causes another to act is greater than the doer.”
ותחשב לו לצדקה
This will be accounted as his act of tzedakah.
ועל העושה נאמר: צדקתו עומדת לעד
And of him who does [the deed], it is said,11 “His tzedakah stands forever.”
עומדת, לשון נקבה: שמקבל התעוררות לבו הטהור מגדול המעשה
[The verb] omedet (“stands”) is of feminine gender, which suggests a recipient, because [this donor] receives the [charitable] arousal of his pure heart from him who is “great, by causing others to act.”
Had he been roused to give tzedakah of his own accord, he would have been considered a true “giver”.
אף על פי כן, עומדת לעד
Nevertheless, [his tzedakah] “stands forever.”
פירוש: שכל הצדקה והחסד שישראל עושין בעולם הזה, מנדבת לבם הטהור
This means: All the acts of charity and kindness that Jews perform in this world, out of the generosity of their pure hearts,
הן הנה חיות וקיימות בעולם הזה הגשמי עד זמן התחייה
are alive and they endure in this physical world until the time of the Resurrection.
שאז זמן גילוי אלקות ואור אין סוף ברוך הוא, מבחינת סובב כל עלמין, בעולם הזה
For that will be the time of the manifestation of Divinity and of the [infinite] Ein Sof-light, from the level of sovev kol almin, in this world,
This degree of spiritual illumination, which transcends (lit., “encompasses”) all created worlds, will be fully revealed in this world at the time of the Resurrection.
וכמו שכתוב באריכות במכתב דאשתקד
as explained at length in last year’s letter.12
וצריך להיות כלי ומכון, להתלבש בו אור אין סוף ברוך הוא
But there needs to be a vessel and an abode wherein the [infinite] Ein Sof-light can vest itself,
כמו הגוף לנשמה, על דרך משל
just as the body is [a vessel] to the soul, metaphorically speaking.
כמו שכתוב: הלא כה דברי כאש
Thus it is written:13 “For My word is like fire”;
מה אש אינה מאירה בעולם הזה, אלא כשנאחזת ומתלבשת בפתילה כו׳
just as fire does not radiate in this world except when it is attached to and vests itself in a wick..., so, too, if Divinity is to illuminate this world, it too must be able to to attach itself to something in this world which, like a wick, will be wholly subjugated to the Divine flame and consumed by it,
כמו שכתוב במקום אחר
as explained elsewhere.14
והגוף והכלי לאורו יתברך, היא מדת החסד ונדיבת הלב
The body and the vessel for G‑d’s light is the attribute of kindness and the generosity of the heart,
ליתן ולהשפיע חיות, למאן דלית ליה כו׳
whereby one gives and effuses vitality to him who has nothing [of his own].
Generosity with a smile, empathy with the pauper, — this is the vessel for G‑d’s infinite light.
כמו שכתוב בתיקונים: וכמה גופין תקינת לון
Thus it is stated in the Tikkunim,15 “And You have prepared many bodies for [the illuminations of the Sefirot],
ואתקריאו בתיקונא דא: חסד, דרועא ימינא
and they are described in the following manner: Chesed — the right arm,”
Just as Chesed is the Supernal “right arm,” so too is man’s corresponding attribute of kindness the appropriate vessel for revelations and benefactions from that source.
וכל הגוף נכלל בימין
Moreover, the entire body is included in the right side, which is its mainstay.
וכך אמר הפייט: לבושו צדקה
Thus too wrote the liturgical poet:16 “His garment is tzedakah.”17
Tzedakah, unqualified, is the garment which garbs and screens the entire Supernal “Body”, thereby enabling mortals here below to receive the infinite revelation of Divinity.
וזהו שאמרו רז״ל: אין צדקה משתלמת אלא לפי חסד שבה
This is the meaning of what our Sages, of blessed memory, said:18 “Charity is recompensed only according to the kindness within it,
שנאמר: זרעו לכם לצדקה, קצרו לפי חסד
as it is written,19 ‘Sow for yourselves for tzedakah, reap according to the kindness.’”
Why is tzedakah is alluded to as “sowing” and its reward as “reaping”?
שהקציר הוא גילוי הזריעה הטמונה בארץ
For a harvest is the manifestation of the seed hidden in the soil.
וכך הוא הצדקה והחסד שישראל עושין בזמן הגלות: היא טמונה ונסתרת עד זמן התחיה, שיתלבש ויאיר אור אין סוף ברוך הוא בעולם הזה הגשמי
It is likewise with the charity and kindness that Jews perform in the time of exile: it [too] is hidden and concealed until the time of the Resurrection, when the [infinite] Ein Sof-light will vest itself and radiate in this physical world.
This ultimate vestiture and revelation thus resembles the harvest of tzedakah.
Moreover, as the Alter Rebbe now explains, G‑d’s vestiture and revelation at the time of the Resurrection resembles and even surpasses His vestiture and revelation within the vessels of the Sefirot in the World of Atzilut.
ואיהו וגרמוהי חד הם, בחינת הכלים דעשר ספירות דאצילות
For “He is one with His causations”,20 i.e., with the kelim (lit., “vessels”) of the Ten Sefirot of Atzilut: they are utterly fused with the infinite light that is revealed in them, as explained above in Epistle XX.21
וכל שכן וקל וחומר, אור אין סוף ברוך הוא, הסובב כל עלמין מלמעלה מעלה מבחינת אצילות
Thus, how much more so, with regard to the [infinite] Ein Sof-light which encompasses all worlds (sovev kol almin) from far higher than the level of Atzilut.
If the vessel that receives the lower degree of illumination that permeates Atzilut is wholly one with the light that shines into it, then the vessel that receives an infinitely higher degree of illumination must surely be wholly one with it — absorbing and integrating this illumination within itself. This latter vessel is tzedakah.
ולפיכך נקראת צדקה, לשון נקבה
This is why [charity] is called tzedakah, [a noun] of feminine gender,
צדקתו עומדת לעד
[in the above-quoted phrase,] “his tzedakah stands forever.”
Correspondingly, the verb here translated “stands” (or “endures”) is omedet, also in the feminine form — which, it will be recalled, puts tzedakah in the light of a recipient.
שמקבלת הארה מאור אין סוף, הסובב כל עלמין, המתלבש בתוכה בעולם הזה הגשמי, בזמן התחיה
For it receives a radiation from the [infinite] Ein Sof-light that encompasses all worlds, which vests itself in it (and is revealed in it) in this physical world at the time of the Resurrection.
Not only is the feminine gender used because (as explained earlier) a donor may receive his motivation from another, but also because tzedakah itself is a feminine recipient: it is man’s vessel or receptor for the transcendent light of G‑d.
אבל: צדק לפניו יהלך, הוא לשון זכר
However, the verse,22 “Tzedek shall go before him,” is in the masculine gender, both the noun (tzedek) and its matching verb (yehaleich).
היא מדת החסד המתעוררת בלב האדם מעצמו
This refers to the attribute of kindness that is aroused in a man’s heart of his own accord, not through another’s inspiration,
על ידי התעוררות אהבת ה׳ בקריאת שמע, ולדבקה בו ולמסור נפשו באחד
through an arousal of the love of G‑d when reading the Shema,23 cleaving to Him and surrendering his soul at Echad, i.e., as he completes that verse, “...G‑d is One”;
ובכל מאדך כפשוטו וכו׳
[loving G‑d] “with all your wealth,” in the literal sense24...
I.e., the individual’s love and surrender to G‑d inspire him to give tzedakah.
ובאתערותא דלתתא
And as a result of [this] arousal from below —
וכמים הפנים לפנים, כן לב אדם העליון כו׳
for25 as waters reflect face to face, so is the heart of the Supernal Man [that is “upon the throne”] —
אתערותא דלעילא
there is an arousal from above.
הוא המשכת אור אין סוף ברוך הוא, הסובב כל עלמין, למטה מטה בעולם הזה הגשמי בבחינת גילוי, בזמן התחיה
This is [expressed as] a manifest downward flow of the [infinite] Ein Sof-light that encompasses (i.e., transcends) all worlds, down to the nethermost level of this physical world, at the time of the Resurrection,
כמבואר במכתב דאשתקד באריכות
as explained at length in last year’s letter.26
Charity inspired by a person’s avodah during prayer is thus called tzedek, a noun of masculine gender, suggesting emanation and provision — for it gives forth and elicits the transcendent light of sovev kol almin. Moreover, as the Alter Rebbe will soon explain, this kind of unsolicited charity draws down the innermost essence of this light. When, however, one’s giving has to wait for another man’s inspiration, such tzedakah remains a recipient, a mere receptor or vessel for a mere glimmer of the light of sovev kol almin.
וזהו: לפניו יהלך
And this is the [mystical] meaning of [two of the words from the above-quoted verse],27 “[Tzedek] shall go before him.”
The verb yehaleich, here translated “shall go,” in fact appears in this verse in the causative mode: “shall cause to go”; i.e., “shall lead.”
The word lefanav, here translated “before him,” stems from the root panim, meaning “face” or “countenance”.
שמוליך וממשיך פנים העליונים מלמעלה מהאצילות, עד עולם העשיה
Hence: Tzedek leads and elicits the Supernal Countenance, the most essential and inward aspect of the Divine light, drawing it from higher than [the World of] Atzilut, down to the World of Asiyah.
* * *
וכעת עת לקצר, וכל טוב מהם לא יבצר
But let’s close; quite enough I’ve prepared you, and may no kind of blessing be spared you.
הטיבה ה׳ לטובים, ולישרים בלבותם
“Do good, O G‑d, to the good, and to those who are upright in their heart”28 — bless those who donate generously to tzedakah, and also those whose generous intentions are forced to remain unrealized.
כנפש תדרשנו
Such is the prayerful wish of him who seeks [your welfare].29
Addendum
The Rebbe once explained in a talk that the Alter Rebbe’s statement in the above Epistle, that the spiritual effects of tzedakah are drawn down into this physical world at the present time as well, is truly novel. Generally, Chassidut explains that the performance of mitzvot draws the Divine light downward into the World of Atzilut. The parable offered (see Sefer HaMaamarim 5627, p. 433; Sefer HaMaamarim 5629, p. 209) thus describes the reward for mitzvot as being kept in Atzilut within a chest, so to speak, whose key is in the possession of the individual who performed the mitzvah.
This flow of Divine light is incapable of descending into this world — “There is no reward in this world for a mitzvah”30 — for this finite and material world cannot receive the reward that comes from the transcendent level of Divinity called sovev kol almin.
Here, however, the Alter Rebbe states explicitly that “all the acts of charity and kindness that Jews perform in this world, out of the generosity of their pure hearts, are alive and they endure in this physical world until the time of the Resurrection.” Moreover, the Alter Rebbe specifies “in this physical world,” as opposed to the spiritual source of this world. In addition, when he states that the acts of charity “are alive,” how does this term apply in our context?
The Rebbe explains this by citing the following exegesis of the Maggid of Mezritch31 on the verse,32 “You shall observe my statutes and commandments that one is to do and live in them.”
The operative commandments draw down spiritual life-force only when a mitzvah has been actually performed. To consider the tzitzit, for example: Only when a person has used its threads in the performance of the commandment, are all the sublime levels of Divinity drawn downward into the physical world; only then are this person’s thoughts, speech and action (relative to the tzitzit) united; only then do all the laws of tzitzit and all the appropriate Torah passages apply.
The same is true with regard to all the other operative commandments as well. The Maggid concludes that this is the meaning (at the non-literal level of derush) of vechai bahem — “you shall live in them”: every individual Jew draws down spiritual life into the mitzvot he performs.
The above teaching of the Maggid gave the Tzemach Tzedek a fresh insight into a statement with which the Sages extrapolate Moses’ entreaty to be allowed to enter the Holy Land:33 “Let me enter the Land so that all of [the mitzvot] will be fulfilled through me.” The request was not “...so that I will be able to perform the mitzvot,” but rather, “...so that all of [the mitzvot] will be fulfilled and animated through me.” For the commandments are alive and they endure only when a Jew actually performs them.
In this light, the Rebbe concludes, we can understand the above teaching of the Alter Rebbe, that “all the acts of charity and kindness that Jews perform in this world, out of the generosity of their pure hearts, are alive and they endure in this physical world until the time of the Resurrection.”
FOOTNOTES
1. See above, Vol. IV, p. 1.
2. Cf. Devarim 33:11.
3. See above, Epistle 27, Part (a), footnote 7.
4. Pesachim 22b.
5. 4:5.
6. Cf. Shmot 28:38.
7. Cf. Amos 2:16.
8. Avot, beginning of ch. 4.
9. Cf. Yeshayahu 32:8.
10. Bava Batra 9a; the key word המעשה (vocalized patach-sheva-patach-segol) does not mean “the action” but “he who causes another to act.”
11. Tehillim 111:3.
12. Epistle XVII (above), in Vol. IV, p. 298.
13. Yirmeyahu 23:29.
14. Tanya, ch. 53.
15. In the Introduction to Tikkunei Zohar which begins Patach Eliyahu; see Siddur Tehillat HaShem, p. 125.
16. In the hymn which begins Atah Hu Elokeinu, recited during the Shemoneh Esreh on Rosh HaShanah and Yom Kippur; see (e.g.) Machzor for Rosh HaShanah with English Translation (trans. Rabbi Nissen Mangel; Kehot, N.Y., 1983), p. 98. The word tzedakah means both “charity” and “righteousness”.
17. Note of the Rebbe: “Cf. Epistle III, above.”
18. Sukkah 49b.
19. Hoshea 10:12.
20. Etz Chayim, Shaar 47, ch. 12, et al.
21. See above, Vol. IV, p. 357 ff.
22. Tehillim 85:14.
23. Devarim 6:4; Siddur Tehillat HaShem, p. 46.
24. Berachot 54a.
25. Cf. Mishlei 27:19; the original verse speaks of the heart of one man to another.
26. Epistle XVII (above), in Vol. IV, p. 298.
27. Tehillim 85:14.
28. Tehillim 125:4.
29. Cf. Eichah 3:25.
30. Kiddushin 39b.
31. Likkutei Amarim by the Maggid, sec. 227 in Kehot editions.
32. Vayikra 18:5.

33. Sotah 14a.
____________________________

Rambam: 
Daily Mitzvah P176, N284, P175 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 25 Cheshvan 5775 • 18 November 2014
Positive Commandment 176
Establishing a Judicial System
"Appoint judges and officers in all your gates"—Deuteronomy 16:18.
We are commanded to appoint judges who will implement the Torah's commandments, and compel those who stray from the true path to follow the mitzvot. They will command regarding the performance of the good, and warn against doing evil, and will implement punishments against those who transgress. This in order that the observance of the commandments and prohibitions of the Torah not be given to the discretion of each individual.
Included in this mitzvah is the establishment of a judicial hierarchy.
A court of 23 judges is established in every city that meets a minimum population requirement. This court, called a sanhedrei ketanah (a "small court"), convenes at the gate of the city. A city that does not have sufficient population to warrant a 23-member court, should at the very least have a 3-member court, which presides over minor matters, and forwards larger matters to a court above them.
The local courts appoint inspectors to monitor the markets and ensure that people conduct business with honesty, so that not even slight injustices are perpetrated.
Every tribe has its own "supreme court."
In Jerusalem sits the beit din hagadol (the "high court") consisting of 70 judges in addition to the chief presiding justice. This individual is also known as the Nasi. This court gathers in the location designated for them [in a chamber in the Holy Temple].
Establishing a Judicial System
Positive Commandment 176
Translated by Berel Bell
The 176th mitzvah is that we are commanded to appoint judges1 to implement the Torah's commands; to force those who have turned away from the path of truth to return to it; to command the performance of good and the avoidance of bad; and to carry out the punishment of transgressors, so that the positive commandments of the Torah and their prohibitions should not be dependent on the desire of every individual.
Included in this mitzvah is that these judges be appointed in a hierarchy. In an appropriate2 city, 23 judges are appointed who meet together by the gate to the city. This is a "small Sanhedrin." In Jerusalem, the High Court of 70 judges is appointed. One — the Rosh Yeshivah, also called the Nasi by the Sages — is appointed over these 70. They gathered together in the place singled out for them.3 In a place where the population is too small for a "small Sanhedrin," three judges are nevertheless appointed to carry out minor judgments, and to pass along more major cases to the next highest court.
In addition, inspectors are appointed to visit the markets and inspect peoples' business practices, in order to insure that even the slightest injustice does not occur.
The source of this prohibition is G‑d's statement,4 "Appoint yourselves judges and police for all your settlements [that G‑d your L‑rd is giving you for your tribes, and they shall judge the people...]."
In the words of the Sifri: "What is the source for the law that one court is appointed over the entire Jewish people? From the verse, 'Appoint yourselves judges and police.' How do we know that one is appointed over everyone? From the phrase, 'Appoint yourselves.' How do we know that a court must be appointed for each tribe? From the phrase, 'for all your settlements.' Rabbi Shimon ben Gamliel said, 'The phrase "for your tribes, and they shall judge [the people]" indicates that each tribe has the responsibility to judge the members of its tribe. The phrase, "and they shall judge the people," implies that they should do so even against their will.' "
The commandment to appoint 70 judges is repeated elsewhere in the Torah, in G‑d's statement5 (exalted be He), to Moshe, "Assemble 70 men for Me from the elder of Israel." Our Sages explained,6 "Anytime the phrase 'for Me' is used, it implies that it will last forever, such as,7 'Sanctify them to Me as priests.' " This means that this commandment was not just temporary but eternal for all generations.
You should be aware that all these appointments, i.e. the great Sanhedrin, the small Sanhedrin, the court of three, and all other appointments, only take place in Israel. There is no ordination outside of Israel. But when ordination is in effect in Israel, those who were already ordained are allowed to judge both in Israel and outside of Israel.
However, cases involving capital punishment may not be judged — neither inside nor outside Israel — unless the Holy Temple is standing, as we explained in the Introduction to this work.
On G‑d's statement8 (exalted be He) regarding a person who killed accidentally, "They shall be for you as an eternal law for all your generations, wherever you may live," the Sifri said, "The phrase, 'wherever you may live,' means both inside Israel and outside of Israel. One might think that there should be cities of refuge outside of Israel; the verse therefore says, 'they' — the laws9 הַדַיָנִין are in effect both inside Israel and outside of Israel, but the cities of refuge are only inside Israel."
All the details of this mitzvah are explained in tractate Sanhedrin.
FOOTNOTES
1.Although the verse mentions judges and police, the Rambam mentions only judges. See Kapach, 5731, footnote 76. Likkutei Sichos, Vol. 34, p. 98ff; Sefer HaSichos 5751, Vol. II, pp. 781-2.
2.Having at least 120 inhabitants. See Sanhedrin 2b.
3.The Lishkas Hagazis in the Temple.
4.Deut. 16:18.
5.Num. 11:16.
6.Sifri, Behaaloscha.
7.Ex. 28:41.
8.Num. 35:29.
9.I.e. the other laws regarding the accidental murderer, with the exception of those laws relating to the cities of refuge.
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Negative Commandment 284
Appointing an Unqualified Judge
"Do not respect persons in judgment"—Deuteronomy 1:17.
It is forbidden for the Rabbinic Supreme Court or the Exilarch to appoint a judge who is not versed in Torah wisdom, though the individual possesses other qualities.
For example, one may not say, "I'll appoint this individual because he is handsome, powerful, related to me, lent me money, or proficient in many languages." Such an appointee is liable to pervert justice—not out of maliciousness, but out of ignorance.
Rather, with regards to all Torah appointments, we only consider the candidate's proficiency in Torah and knowledge of its commands and prohibitions, and that his personal behavior should be in concordance with this knowledge.
Appointing an Unqualified Judge
Negative Commandment 284
Translated by Berel Bell
The 284th prohibition is that the High Court or the Rosh Golus1 are forbidden from relying on an individual's [other] qualities and appointing him as judge although he is not expert in the Torah's wisdom. In all appointments regarding Torah, we may look only at the person's expertise in the Torah's wisdom, knowledge of its positive commandments and prohibitions, and behavior suitable to [that knowledge].
The source of this prohibition to make an appointment based on other factors is G‑d's statement2 (exalted be He), "Do not give anyone special consideration regarding judgment."
In the words of the Sifri: "The verse, 'Do not give anyone special consideration regarding judgment' refers to the one who appoints judges." This means that this prohibition only applies to the person who has the ability to appoint judges. This person is forbidden from making such an appointment based on other considerations, as mentioned above. Our Sages said: "One should not say, 'I will appoint this person as a judge because he is attractive'; 'I will appoint this person as a judge because he is strong'; 'I will appoint this person as a judge because he is my relative'; 'I will appoint this person as a judge because he lent me money'; 'I will appoint this person as a judge because he knows all languages.' " He will end up acquitting the guilty and convicting the innocent— not because he is wicked but because of his ignorance. Therefore the Torah says, "Do not give anyone special consideration regarding judgment."
FOOTNOTES
1.The head of Babylonian Jewry.
2.Deut. 1:17.
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Positive Commandment 175
Abiding by the Majority Decision
"To follow the majority"—Exodus 23:2.
We are commanded to follow the opinion of the majority in case of disagreement between the sages with regards to any Torah law. This mitzvah also applies to adjudication between litigants, if there is no consensus amongst the local judges regarding which party is in the right and which is in the wrong.
Abiding by the Majority Decision
Positive Commandment 175
Translated by Berel Bell
The 175th mitzvah is that we are commanded to follow majority rule when the Sages disagree about a particular law of the Torah. The same applies to a particular case: if, for example, the judges of the city disagree regarding a case between Reuven and Shimon as to which one owes money, they must follow majority rule.
The source of this prohibition is G‑d's statement1 (exalted be He), "A case must be decided based on majority rule."
Our Sages said explicitly,2 "Majority rule is mid'oraisa.3
The details of this mitzvah are explained in many passages of tractate Sanhedrin.
FOOTNOTES
1.Ex. 23:2.
2.Chullin 11a.
3.Of Torah law, rather than of Rabbinic origin. This statement shows that this mitzvah counts among the 613.
________________________________________

Rambam:

• 1 Chapter a Day: Mamrim - Chapter 7
Mamrim - Chapter 7
INTRODUCTION
Deuteronomy 21:18-21 states:
If a person will have a wayward and rebellious son who does not heed the voice of his father or the voice of his mother and they chastise him, but he does not heed them. His father and mother shall take hold of him and bring him out to the elders of his city and to the gate of his place. They say to the elders of his city: "This son of ours is wayward and rebellious. He does not heed our voice; he is gluttonous and a lush." All of the men of his city will clout him with stones, killing him, and you shall remove evil from your midst. All Israel shall hear and fear.
Our Sages (primarily in Sanhedrin 68b ff) interpret this passage precisely, explaining how each term used in the passage teaches us a different concept. In the chapter that follows, the Rambam summarizes and organizes their teachings, giving us a clear-cut picture of the requirements of the mitzvah. It is important to emphasize that there is a difference of opinion among our Sages if the judgment of "a wayward and rebellious son" ever took place (Sanhedrin 71a). Some maintain that such a judgment was never issued. Indeed, from all the particulars mentioned by the Rambam, one can understand that it could be impossible for such a judgment to have been issued. Others maintain that they know of an instance where an individual was executed because of this transgression.
Sanhedrin 72a asks: Is eating the gluttonous meal (to be described by the Rambam) a sufficient cause for a person to be executed? In resolution, our Sages explain that the Torah considered the ultimate fate of such a person. He will be drawn after his natural tendencies and continue to steal and eat gluttonously. Ultimately, he will become a robber and slay people in order to support his habit. It is preferable, the Torah maintains, for him to be executed early in life, before he commits such severe sins.
Halacha 1
It is explicitly stated that the wayward and rebellious son described in the Torah should be stoned to death. Now the Torah does not administer a punishment unless a warning was issued first. Where was the warning issued? In Leviticus 19:26: "Do not eat upon the blood," which can be interpreted to mean: "Do not partake of food that will lead to the shedding of blood." This refers to the meal eaten by the wayward and rebellious son who is executed only because of the hateful feast of which he partook as Deuteronomy 21:20 states: "He is gluttonous and a lush." According to the Oral Tradition, we learned that this was interpreted to mean that he ate meat and drank wine in a ravenous manner.
Halacha 2
There are many particulars involved in the meal for which he is liable for eating. All of these are conveyed by the Oral Tradition. He is not liable for stoning until he steals from his father and buys meat and wine at a cheap price. He must then eat it outside his father's domain, together with a group that are all empty and base. He must eat meat that is raw, but not entirely raw, cooked but not entirely cooked, as is the practice of thieves. He must drink the wine as it is thinned as the alcoholics drink. He must eat a quantity of meat weighing 50 dinarim in one sitting, and drink half a log of this wine at one time.
If he stole from his father and partook of such a meal inside his father's domain, or stole from others and partook of this hateful meal in his father's domain or in another's domain, he is not liable. If the meal involves a mitzvah, even a mitzvah of Rabbinic origin, or the meal involves a transgression, even a transgression of Rabbinic origin, he is not liable. This may be inferred from the phrase (Ibid.): "He does not heed our voice"; i.e., through eating this meal, he violates only his parents' command. This excludes one who through this meal violates the words of the Torah or who partakes of it for the sake of a mitzvah.
What is implied? If he partook of such a hateful meal together with a wicked company for the sake of a mitzvah, or he partook of the second tithe in Jerusalem, even if they eat a meal comforting the bereaved which is a mitzvah of Rabbinic origin, he is not liable. Similarly, if he ate meat from animals that were not ritually slaughtered or which were trefe, teeming animals or crawling animals, and even if he ate on a communal fast day, a transgression of Rabbinic origin, he is not liable for execution.
Halacha 3
If he partook of any type of food, but did not partake of meat, even if he partook of fowl, he is not liable. If he partook of this meal from meat, but reached the sum of 50 dinarim by including fowl, he is liable. If he drank other beverages, but did not drink wine, he is not liable.
Halacha 4
When he ate raw meat and undiluted wine, he is not liable. The rationale is that this is an occasional occurrence and not something that a person will be drawn after. Similarly, if he ate this meal of salted meat on the third day after it was salted, or drank fresh grape juice, he is not liable. For a person will not be drawn after such matters.
Halacha 5
For this transgression, the Torah does not punish a child who has not come to the age where he is responsible for the observance of mitzvot. Similarly, a man who has matured and is independent is not stoned to death, because he ate and drank such a hateful meal.
What is implied? According to the Oral Tradition, we learned that this law concerns a youth of thirteen between the time he grew two pubic hairs and the time at which his entire male organ is surrounded by pubic hair. After the entire male organ is surrounded by pubic hair, he is considered as independent and is not executed by stoning.
Halacha 6
The entire period for which a "wayward and rebellious son" is liable is only three months from the time he manifests signs of physical maturity. For it is possible that his wife will conceive and her fetus will be recognizable within three months. This is derived from Deuteronomy 21:18: "If a person will have a wayward and rebellious son..."; a son, and not a "wayward and rebellious father."
Thus one may conclude that if one's pubic hair surrounds the entire organ before the three months are completed, he is not liable.
Halacha 7
How is the judgment of a "wayward and rebellious son" adjudicated? First, his father and mother bring him to a court of three judges and tell them: "Our son is wayward and rebellious." They bring two witnesses who testify that he stole from his father and bought meat and wine with what he stole and partook of the meal described above after being warned. This is the first testimony.
He receives lashes as are administered to all of those who are obligated to be lashed, as Deuteronomy 21:20 states: "they chastise him, but he does not heed them." Should he steal from his father a second time and partake of such a meal, his father and mother bring him to a court of 23 judges. They bring two witnesses who testify that he stole and partook of this meal after being warned. This is the second testimony. It is acceptable if the first two witnesses also deliver the latter testimony.
After their testimony is heard, the youth is examined to see if his pubic hair surrounded his entire male organ. If that is not the case and it is not three months after he became thirteen, he complete the judgment against him as is done with all those executed by the court and he is stoned to death. He is not stoned to death unless the three judges who originally sentenced him to be lashed are present. This is implied by the phrase: "This son of ours," i.e., the one that was lashed in your presence."
Halacha 8
If his father and his mother forgave him before he was sentenced, he is not liable.
Halacha 9
If he fled before he was sentenced to death and afterwards, his pubic hair surrounded his organ, he is not liable. If he fled after he was sentenced, even if he grows old, whenever he is discovered, he should be stoned to death. For whenever a person has been sentenced to death, it is as if he has already been slain and he has no blood.
Halacha 10
If his father desires to convict him and his mother does not desire, or his mother desires and his father does not desire, he is not judged as a "wayward and rebellious son," as implied by Deuteronomy 21:19: "His father and mother shall take hold of him."
If one of the parents has had his arm amputated, was lame, dumb, blind, or deaf, the son is not judged as a "wayward and rebellious son." These concepts are derived as follows: "His father and mother shall take hold of him" - This excludes parents with amputated arms" "And bring him out" - this excludes the lame. "They say" - this excludes the dumb. "This son of ours" - This excludes the blind. "He does not heed our voice" - This excludes the dumb.
Halacha 11
There is a Scriptural decree that a "wayward and rebellious son" should be stoned to death. A daughter, by contrast, is not judged in this manner. The rationale is that she does not have the tendency to become habituated to eating and drinking. For this reason, the Torah states: "A son," i.e., and not a daughter. A tumtum and an adrogynus are also excluded.
Halacha 12
When an operation is performed on a tumtum and it is discovered that he is a male, he is not judged as a "wayward and rebellious son." The rationale is Deuteronomy 21:18 states: "If a person will have a wayward and rebellious son...." Implied is that he must be a son at the time he receives the warning.
Halacha 13
An announcement must be made concerning the execution of a "wayward and rebellious son." What type of announcement is made? A declaration is written and sent to the entire Jewish people: "In this-and-this court, we stoned so-and-so because he was a "wayward and rebellious son.'
Halacha 14
A "wayward and rebellious son" is like all others executed by the court; their estate is inherited by their heirs. Even though the person's father caused him to be stoned to death, the father inherits all of his possessions.
Blessed be God who grants assistance.
____________________________
Rambam:
• 3 Chapters a Day: Sanhedrin veha`Onashin haMesurin lahem - Chapter 1, Sanhedrin veha`Onashin haMesurin lahem - Chapter 2, Sanhedrin veha`Onashin haMesurin lahem - Chapter 3
Sanhedrin veha`Onashin haMesurin lahem - Chapter 1
"Open your mouth, judge righteously, and render justice for the poor and indigent" Proverbs 31:9
The fourteenth book,
Sefer Shoftim
The Book of Judges
It contains five halachot. They are: Hilchot Sanhedrin V'HaOnshin Hamesurim Lahem - The laws of the courts and the penalties placed under their jurisdiction
Hilchot Edut - The laws of witnesses
Hilchot Mamrim - The laws of the rebellious ones
Hilchot Evel - The laws of mourning
Hilchot Melachim UMilchamotehem - The laws of kings and their wars
Halacha 1
It is a positive Scriptural commandment to appoint judges and enforcement officers in every city and in every region, as Deuteronomy 16:18 states: "Appoint judges and enforcement officers in all your gates."
"Judges" refers to magistrates whose attendance is fixed in court, before whom the litigants appear. "Enforcement officers" refers to those equipped with a billet and a lash who stand before the judges and patrol the market places and the streets to inspect the stores and to regulate the prices and the measures. They inflict corporal punishment on all offenders. Their deeds are controlled entirely by the judges.
Whenever a person is seen perpetrating injustice, they should bring his to the court, where he will be judged according to his wickedness.
Halacha 2
We are obligated to appoint courts in every region and in every city only in Eretz Yisrael. In the diaspora, by contrast, we are not obligated to appoint courts in every region. This is derived from the continuation of the above verse: "Appoint...in all your gates which God your Lord is giving you for your tribes."
Halacha 3
How many established courts should there be among the Jewish people and how many judges should there be in each court?
First, a supreme court is established in the Temple. This is called the Great Sanhedrin. It was composed of 71 judges. This is derived from Numbers 11:16 which states: "Gather for Me seventy men from the elders of Israel." And Moses presided over them, as the verse continues: "And they shall stand there with you." Thus there are 71.
The one who is of greatest knowledge is placed as the head over them. He acts as the Rosh Yeshivah. And he is called the nasi by the Sages in all sources. He assumes the position of Moses our teacher.
The greatest among the remaining 70 is appointed as an assistant to the head. He sits at his right and is called av beit din. The remaining judges from the 70 sit before them and are seated according to their age and according to their stature. Whoever possesses greater wisdom than his colleague is seated closer than his colleagues to the nasi on his left. The members of the Sanhedrin sit in a semi-circle so that the nasi and the av beit din can see all of them.
In addition, two courts of 23 judges each are appointed. One holds sessions at the entrance to the Temple courtyard. and the other at the entrance to the Temple Mount.
In addition, in every city in Israel in which their are 120 or more adult males, we appoint a minor Sanhedrin. They hold court at the entrance to the city, as implied by Amos 5:15: "And you shall present judgment in your gates." How many judges should be in such a court? 23. The one who possesses the greatest wisdom is the chief justice and the remainder sit in a semi-circle so that the chief justice can see all of them.
Halacha 4
When there are less than 120 adult males in a city, we appoint a court of three judges. For a court should never be less than three. In that way, there will be a majority and a minority if there is a difference of opinion in any particular judgment.
Halacha 5
When a city does not possess two sages of great knowledge - 0ne fit to teach and issue rulings with regard to the entire Torah and one who knows how to listen diligently and knows how to raise questions and arrive at solutions - a court should not be appointed for it even though thousands of Jews live there.
Halacha 6
When a court has two judges of this caliber: one capable of listening with regard to the entire Torah, and one capable of expounding, it is a valid court. If there are three, it is of intermediate esteem. If the court possess four judges who can expound upon the entire Torah, it is a wise court.
Halacha 7
We sit three rows of Torah scholars before every minor Sanhedrin. In each row, there are 23 men. The first row is seated next to the Sanhedrin, the second row below it, and the third row below it. In each row, the scholars are seated in the order of their level of wisdom.
Halacha 8
If there is a difference of opinion among the judges and it is necessary to grant semichah to one student to add to the number, the scholar of the greatest stature from the first row is granted semichah. The first scholar in the second row advances and sits in the first row to make up for the lack, and the first scholar in the third row advances and sits in the second row to make up for the lack. One of the remaining people is chosen and is seated in the third row. Similarly, if they must grant semichah to a second or third judge, they follow this pattern.
Halacha 9
Whenever a Sanhedrin functions, two legal scribes should stand before them: one at the right and one at the left. One writes the arguments of those who seek to hold the defendant liable, and one writes the arguments of those who seek to exonerate him.
Halacha 10
Why is a Sanhedrin appointed only in a city with a population of 120? So that there will be a Sanhedrin of 23 judges, three rows of 23 students each, ten sitters in the synagogue, two scribes, two court officers, two litigants, two witnesses, two witnesses who seek to invalidate the testimony of the witnesses, two witnesses who seek to invalidate the testimony of the second pair of witnesses and restore the validity of the first, two charity collectors, and a third to distribute these collections, a doctor who is a bloodletter, a scribe, and a teacher for young children. This reaches a total of 120.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 2
Halacha 1
We appoint to a Sanhedrin - both to the Supreme Sanhedrin and to a minor Sanhedrin - only men of wisdom and understanding, of unique distinction in their knowledge of the Torah and who possess a broad intellectual potential. They should also have some knowledge concerning other intellectual disciplines, e.g., medicine, mathematics, the fixation of the calendar, astronomy, astrology, and also the practices of fortune-telling, magic, sorcery, and the hollow teachings of idolatry, so that they will know how to judge them.
We appoint to the Sanhedrin only priests, Levites, and Israelites of lineage of fine repute who can marry into the priesthood. This is derived from Number 11:16: "And they shall stand there with you." Implied is that they should resemble you, Moses in wisdom, the fear of heaven, and in lineage.
Halacha 2
It is a mitzvah for there to be priests and Levites in the Supreme Sanhedrin, as Deuteronomy 17:9 states: "And you shall come to the priests and to the Levites. If appropriate ones are not found, it is permissible for all the judges to be Israelites.
Halacha 3
We should not appoint to a Sanhedrin a man of very old age or one who does not possess male physical attributes, for they possess the trait of cruelty, nor a man who is childless, so that the judges should be merciful.
Halacha 4
A king of Israel may not be included in the Sanhedrin, for we are forbidden to disagree with him and repudiate his words. The High Priest, by contrast, may be included in the Sanhedrin if his knowledge makes him fitting.
Halacha 5
Although the kings of the House of David may not be included in the Sanhedrin, they may sit in judgment over the people. Conversely, they may be called to judgment if a person has a complaint against them. The Kings of Israel, by contrast, may not serve as judges, nor may they be called to judgment. The rationale is that they do not humble themselves before the words of the Torah, and letting them serve as a judge or issuing a judgment against them may lead to a disaster.
Halacha 6
Just as the judges of a court must be on the highest level of righteousness; so, too, must they be unsullied by any physical blemishes.
An effort should be made that they all be white-haired, of impressive height, of dignified appearance, men who understand whispered matters, who understand many different languages so that the Sanhedrin will not need to hear testimony from an interpreter.
Halacha 7
We are not careful to demand that a judge for a court of three possess all these qualities. He must, however, possess seven attributes: wisdom, humility, the fear of God, a loathing for money, a love for truth; he must be a person who is beloved by people at large, and must have a good reputation.
All of these qualities are mentioned explicitly in the Torah. When relating Moses' statements concerning the appointment of judges, Deuteronomy 1:13 mentions: "Men of wisdom and understanding." This refers to wisdom.
The verse continues: "Beloved by your tribes." This refers to those who are appreciated by people at large. What will make them beloved by people? Conducting themselves with a favorable eye and a humble spirit, being good company, and speaking and conducting their business with people gently.
When relating Jethro's advice to Moses to appoint judges, Exodus 18:21 speaks of "men of power." This refers to people who are mighty in their observance of the mitzvot, who are very demanding of themselves, and who overcome their evil inclination until they possess no unfavorable qualities, no trace of an unpleasant reputation, even during their early manhood, they were spoken of highly. The phrase "men of power" also implies that they should have a courageous heart to save an oppressed person from the one oppressing him, as Exodus 2:17 states: "And Moses arose and delivered them."
Just as we see that Moses was humble; so, too, every judge should be humble. Exodus 18:21 continues: "God-fearing" - the intent is obvious. It mentions: "men who hate profit," i.e., people who do not become overly concerned even about their own money. They do not pursue the accumulation of money, for anyone who is overly concerned about wealth will ultimately be overcome by want.
The verse continues: "men of truth," i.e., people who pursue justice because of their own inclination; they love truth, hate crime, and flee from all forms of crookedness.
Halacha 8
Our Sages relate: From the Supreme Sanhedrin, they would send emissaries throughout the entire land of Israel to seek out judges. Whenever they found a person who was wise, sin-fearing, humble, modest, with a good reputation, and beloved by people at large, they have him appointed as a judge in his own city. From there, they promote him to the court which holds sessions at the entrance to the Temple Mount. From there, he is promoted to the court which holds sessions at the entrance to the Temple Courtyard, and from there, to the Supreme Sanhedrin.
Halacha 9
When one of the judges of a court of three is a convert, the court is disqualified. His mother must be a native-born Jewess. If, by contrast, one of the judges is a mamzer, even if all three of them are mamzerim, they are acceptable to pass judgment.
Similarly, if all of the members of a court of three were blind in one eye, it is acceptable. This does not apply with regard to a Sanhedrin. If, however, a judge is blind in both eyes, he is unacceptable to serve on all courts.
Halacha 10
Although a court requires no less than three judges, it is permissible for one judge to adjudicate a case according to Scriptural Law, as Leviticus 19:15 states: "Judge your fellow countryman with righteousness." According to Rabbinic Law, however, there should be three judges. When two judges adjudicate a case, their ruling is not binding.
11 When a judge is an expert and he is known by many to possess such knowledge or if he was granted permission by the court, he may adjudicate a case alone. Nevertheless, he is not considered as a court.
Even though it is permitted for such a person to issue judgments alone, it is a mitzvah from the Sages for him to have others sit in judgment with him, for our Sages said: "Do not act as a judge alone, for there is only One who judges alone."
Halacha 12
A person may execute judgment himself if he has the power to do so. If he acts according to the dictates of our faith and according to law, he is not obligated to take the trouble to come to the court. This applies even if he would not suffer any financial loss if he would delay and bring the matter to the court.
Consequently, should the other litigant lodge a complaint against him and bring him to court, if the court investigates and discovers that he acted according to law, i.e., the decision which he arrived at was true, we do not abrogate his decision.
Halacha 13
Although a court of three is considered as a complete entity, whenever there are more judges, it is praiseworthy. It is preferable to make a decision with 11 judges than with ten. All the judges who sit in court must be Torah scholars and of appropriate character.
Halacha 14
It is forbidden for a wise man to sit in judgment until he knows with whom he will be sitting. This restraint is observed lest he be coupled with men who are unsuitable. Thus he will be part of "a band of traitors," and not part of a court.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 3
Halacha 1
Until when should the judges hold session? A minor Sanhedrin and a court of three should hold sessions from after the morning service until the end of the sixth hour of the day. The supreme Sanhedrin, by contrast, would hold sessions from the time of the slaughter of the morning sacrifice until the offering of the afternoon sacrifice. On Sabbaths and on festivals they would hold sessions in the House of Study on the Temple Mount.
Halacha 2
The High Court of 71 judges was not required to sit all together in their place in the Temple. Instead, when it was necessary for them to gather together, they would all gather together. At other times, whoever had private affairs would tend to his concerns and then return.
The above applies provided there would be no less than 23 judges in attendance whenever they were sitting. If a judge needs to leave, he should look at his colleagues who remain. If there are 23 remaining, he may leave. If not, he should not leave until another comes.
Halacha 3
A court should not begin adjudicating a case at night. According to the Oral Tradition, this concept was derived as follows: Based on Deuteronomy 21:5 which mentions: "Every dispute and every blemish," an equation is established between the adjudication of disputes and blemishes. Just as blemishes are viewed only during the day; so, too, disputes should be adjudicated only during the day.
Halacha 4
Similarly, we do not listen to the testimony of witnesses or validate the authenticity of legal documents at night. With regard to cases involving monetary law, if the judges began hearing the matter during the day, it is permitted for them to conclude the judgment at night.
Halacha 5
The division of an inheritance resembles a judgment, for with regard to them, Numbers 35:29 states: "For the statutes of judgment." Therefore inheritances are not divided at night.
Halacha 6
When two people enter to visit a person who is deathly ill, if he makes statements dividing his estate in their presence, they may record his statements, but they may not adjudicate the division of the estate. They were three, if they desire, they may record his statements, or they may adjudicate the division of the estate.
When does the above apply? During the day. During the night, they may record his statements, but they may not adjudicate the division of the estate.
Halacha 7
Whenever a suitable court among the Jewish people sits in judgment, the Divine Presence rests among them. Accordingly, the judges must sit in awe and fear, wrapped in tallitot, and conduct themselves with reverence. It is forbidden to act frivolously, to joke, or to speak idle matters in court. Instead, one may speak only words of Torah and wisdom.
Halacha 8
Whenever a Sanhedrin, a king, or an exilarch appoints a judge who is not fitting and/or is not learned in the wisdom of the Torah and is not suitable to be a judge - even if he is entirely a delight and possesses other positive qualities - the person who appoints him violates a negative commandment, as Deuteronomy 1:17 states: "Do not show favoritism in judgment." According to the Oral Tradition, we learned that this command is addressed to those who appoint judges.
Our Sages declare: "Perhaps a person will say: 'So and so is attractive, I will appoint him as a judge,' 'So and so is strong, I will appoint him as a judge,' 'So and so is my relative, I will appoint him as a judge,' or "So and so knows all the languages, I will appoint him as a judge.' This will lead to those who are liable being vindicated and those who should be vindicated held liable, not because the judge is wicked, but because he does not know Torah law. Therefore the Torah states: "Do not show favoritism in judgment."
Our Sages also declare: "Whoever appoints a judge who is not appropriate for the Jewish people is considered as if he erected a monument, as implied by Deuteronomy 16:22: "Do not erect a monument which is hated by God, your Lord." If he is appointed instead of a Torah scholar, it is as if one planted an asherah, as Ibid.:21 states: "Do not plant an asherah or any other tree next to God's altar."
And our Sages interpreted Exodus 20:20: "Do not make gods of silver and gods of gold together with Me" to mean "Do not appoint a judge because of silver and gold." This refers to a judge who was appointed because of his wealth alone.
Halacha 9
Whenever a judge pays money in order to be appointed, it is forbidden to stand in his presence. Our Sages commanded that he be denigrated and derided. And our Sages declare: "Consider the tallit with which he wraps himself as the saddle blanket of a donkey."
Halacha 10
This was the manner of conduct of the sages of the previous generations. They would flee from being appointed to a court and would undergo extreme pressure not to sit in judgment until they knew that there was no other person as appropriate as they were and that if they would refrain from participating in the judgment the quality of the legal system would be impaired. Even so, they would not sit in judgment until the people at large and the elders would compel them and implore them to do so.
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Hayom Yom:
Tuesday, 25 Cheshvan 5775 • 18 November 2014

"Today's Day"
Tuesday, Chesvan 25*, 5704
Torah Lessons: Chumash: Tol'dot, Shlishi with Rashi.
Tehillim: 119, 1-96.
Tanya: XXXII. May the L-rd (p. 591) ...him who seeks it. (p. 593).
Divine Providence leads everyone to his place of residence for the purpose of strengthening yiddishkeit and disseminating Torah.
When you plow and you sow - things will grow.
FOOTNOTES
*. According to circumstantial evidence cited by the Rebbe of righteous memory (Sefer Hamaamarim 5711, p. 106), this day marks the yahrzeit in 5703 (1942), of Harav HaChassid R. Menachem Mendel Hakohein Horenstein, who was married to Rebbetzin Sheina, daughter of the Previous Rebbe. May G-d avenge his blood.
Also, this day is part of the didan natzach victory, marking the issuance, in 5748 (1987), of a unanimous ruling by a Federal Appeals Court, confirming and strengthening the lower court's decision regarding the s'farim and k'tavim of the Rebbe'im.
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Daily Thought:
Learning the Child
There are no one-way streets in our world. There is no one who gives without receiving, and there is no one who receives without providing something back in return.
So it is with the child. Just as the adult gives the child the knowledge and wisdom of life, so the child provides the adult the keys to living it fully.[Beshalach 5714, sicha 8.]
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