Torah Reading
Toldot (Genesis/Bereshis 25:19 And these are the toldot of Yitzchak ben Avraham: Avraham fathered Yitzchak;
20 And Yitzchak was arba’im shanah when he took Rivkah as his wife, the bat Betuel the Aramean of Padan Aram, the achot Lavan the Aramean.
21 And Yitzchak davened to Hashem on behalf of his isha, because she was barren; and Hashem was entreated of him, and Rivkah his isha conceived.
22 And the banim struggled jostling within her; and she said, If it be well, why am I thus? And she went to inquire of Hashem.
23 And Hashem said unto her, Two goyim (nations) are in thy womb, and two peoples shall be separated from within thee; and the one people shall be stronger than the other people; and the older shall serve the younger.
24 And when her days were fulfilled to be delivered, hinei, there were twins in her womb.
25 And the first came out admoni (red) all over like a hairy garment; and they called shmo Esav.
26 And after that came out his brother, and his yad was grasping on akev Esav; and shmo was called Ya’akov; and Yitzchak was threescore shanah when she bore them.
27 And the nearim grew: and Esav was a skilled hunter, an ish sadeh; and Ya’akov was an ish tam (quiet man), dwelling in ohalim.
28 And Yitzchak loved Esav, because he did eat of his wild game; but Rivkah loved Ya’akov.
29 And Ya’akov cooked stew: and Esav came from the sadeh, and he was famished.
30 And Esav said to Ya’akov, Let me eat now some of the adom (red stew); for I am famished; therefore was shmo called Edom.
31 And Ya’akov said, First sell me today thy bechorah (birthright, right of the firstborn).
32 And Esav said, Hinei, I am at the point of death; and what profit shall this bechorah do to me?
33 And Ya’akov said, Swear to me this day; and he swore unto him; and he sold his bechorah unto Ya’akov.
34 Then Ya’akov gave Esav lechem and adashim (lentils) stew; and he did eat and drink, and rose up, and went his way; thus Esav despised his bechorah.
26:1 And there was a ra’av (famine) in ha’aretz, besides the ra’av harishon that was in the days of Avraham. And Yitzchak went unto Avimelech Melech Pelishtim (Philistines) unto Gerar.
2 And Hashem appeared unto him, and said, Go not down into Mitzrayim; dwell in ha’aretz which I shall tell thee of;
3 Sojourn in ha’aretz hazot, and I will be with thee, and will bless thee; for unto thee, and unto thy zera, I will give all these lands, and I will perform the shevu’ah (oath) which I swore unto Avraham avichah;
4 And I will make thy zera to multiply as the kokhavim of Shomayim, and will give unto thy zera all these lands; and in thy zera shall kol Goyei Ha’Aretz be blessed;
5 Because Avraham obeyed My voice, and was shomer over My mishmeret (charge), My mitzvot, My chukkot, and My torot.
6 And Yitzchak dwelt in Gerar;
7 And the anshei hamakom asked him about his isha; and he said, She is my achot; for he feared to say, She is my isha; lest, said he, the anshei hamakom should kill me for Rivkah; because she was beautiful to look upon.
8 And it came to pass, when he had been there a long time, that Avimelech Melech Pelishtim (Philistines) looked out at a chalon, and saw, and, hinei, Yitzchak metzachek (was caressing) Rivkah his isha.
9 And Avimelech called Yitzchak, and said, Hinei, of a surety she is thy isha; and why saidst thou, She is my achot? And Yitzchak said unto him, Because I said, Lest I die because of her.
10 And Avimelech said, What is this thou hast done unto us? one of the people might lightly have slept with thy isha, and thou shouldest have brought asham (guilt) upon us.
11 And Avimelech charged all his people, saying, He that toucheth this man or his isha shall surely be put to death.
12 Then Yitzchak sowed in that land, and reaped in the same year a hundredfold; and Hashem blessed him.
13 And the man became very prosperous, and went forward, and grew until he became gadol me’od:
14 For he had possession of tzon, and possession of herds, and many avadim; and the Pelishtim envied him.
15 For all the wells which avdei aviv had dug in the days of Avraham aviv, the Pelishtim had stopped them up, and filled them with dirt.
16 And Avimelech said unto Yitzchak, Go from us; for thou art much mightier than we.
17 And Yitzchak departed from there, and encamped in the valley of Gerar, and dwelt there.
18 And Yitzchak dug again the be’erot hamayim (wells of water), which they had dug in the days of Avraham aviv; for the Pelishtim had stopped them up after the mot Avraham; and he called their shemot after the shemot by which his av had called them.
19 And avdei Yitzchak dug in the valley, and found there a well of mayim chayyim.
20 And the herdmen of Gerar did quarrel with Yitzchak’s herdmen, saying, The mayim is ours; and he called the shem of the well Esek (Contention); because they disputed with him.
21 And they dug another be’er, and feuded over that also; and he called the shem of it Sitnah (Enmity).
22 And he moved away from there, and dug another well; and for that they strove not: and he called the shem of it Rechovot (Broad Places); and he said, For now Hashem hath made rachav (room) for us, and we shall be fruitful in ha’aretz.
23 And he went up from there to Beer-Sheva.
24 And Hashem appeared unto him balailah hahu, and said, I am Elohei Avraham avichah; fear not, for I am with thee, and will bless thee, and multiply thy zera for the sake of Avdi Avraham (My Servant Abraham).
25 And he built a Mizbe’ach there, and called upon the Shem of Hashem, and pitched his ohel there: and there avdei Yitzchak dug a well.
26 Then Avimelech went to him from Gerar, and Achuzzat his adviser, and Phichol the sar tz’va of his.
27 And Yitzchak said unto them, Why come ye to me, seeing ye hate me, and have sent me away from you?
28 And they said, We saw certainly that Hashem was with thee; and we said, Let there be now an oath between us, even between us and thee, and let us cut a brit (covenant) with thee;
29 That thou wilt do us no ra’ah, just as we have not touched thee, and just as we have done unto thee nothing but tov, and have sent thee away in shalom; thou art now the Beruch Hashem (the blessed of Hashem).
30 And he made them a mishteh (feast), and they did eat and drink.
31 And they rose up early in the boker, and swore one to another: and Yitzchak sent them away, and they departed from him in shalom.
32 And it came to pass the same day, that the avdei Yitzchak came, and told him concerning the be’er which they had dug, and said unto him, We have found mayim.
33 And he called it Shevah (Seven, Oath): therefore the shem of the Ir is Beer-Sheva unto this day.
34 And Esav was arba’im shanah when he took to wife Yehudit the bat Beeri the Chitti, and Basemat the bat Elon the Chitti:
35 and they were a morat ruach (grief of mind) unto Yitzchak and Rivkah.
27:1 And it came to pass, that when Yitzchak was zaken (old),and his eyes were dim, so that he could not see, he called Esav bno hagadol and said unto him, Beni: and he said unto him, Hineni.
2 And he said, Hinei now, I am old, I know not my yom mot:
3 Therefore take, now, thy kelim (weapons), thy quiver and thy keshet (bow), and go out to the sadeh, and hunt me some wild game;
4 And make me matamim (savory meat, tasty food), such as I love, and bring it to me, that I may eat; that my nefesh may make a brocha upon thee before I die.
5 And Rivkah heard when Yitzchak spoke to Esav bno. And Esav went to the sadeh to hunt for wild game, and to bring it
6 And Rivkah spoke unto Ya’akov her ben, saying, Hinei, I heard avicha speak unto Esav achicha, saying,
7 Bring me wild game, and make me matamim, that I may eat, and make a brocha upon thee before Hashem before my mot.
8 Now therefore, beni (my son), obey my kol (voice) according to that which I command thee.
9 Go now to the tzon, and bring me from there two gedayei izzim tovim (good kids of goats); and I will make them matamim for avicha, such as he loveth:
10 And thou shalt bring it to avicha, that he may eat, and that he may make a brocha upon thee before his mot.
11 And Ya’akov said to Rivkah immo, Look, Esav achi is an ish sa’ir (hairy man), and I am an ish chalak (smooth man)
12 What if avi will touch me, and I shall seem to him as a meta’te’a (mocker); and I shall bring a kelalah upon me, and not a brocha.
13 And immo said unto him, Upon me be thy kelalah, beni; only obey my kol (voice), and go bring me them.
14 And he went, and got, and brought them to immo: and immo made matamim, such as aviv loved.
15 And Rivkah took begadim of Esav her ben hagadol, the chamudot (best ones) which were with her in the bais, and dressed Ya’akov her ben hakatan;
16 And with orot gedayei haizzim (skins of the kids of the goats) she dressed and covered his hands, and also upon the smooth of his tzavar (neck);
17 And she gave the matamim and the lechem, which she had prepared, into the yad Ya’akov her ben.
18 And he came unto aviv, and said, Avi; and he said, Hineni; who art thou, beni?
19 And Ya’akov said unto aviv, I am Esav thy bechor; I have done according as thou told me; arise, now, sit up and eat of my wild game, that thy nefesh may make a brocha upon me.
20 And Yitzchak said unto bno, How is it that thou hast found it so quickly, beni? And he said, Hashem Eloheicha worked it out for me.
21 And Yitzchak said unto Ya’akov, Come near, now, that I may touch thee, beni, indeed, whether thou be beni Esav or not.
22 And Ya’akov went near unto Yitzchak aviv; and he touched him, and said, The kol is kol Ya’akov, but the yadayim are the yedei Esav.
23 And he discerned him not, for his hands were se’irot, as yedei Esav achiv; so he made a brocha upon him
24 And he said, Art thou indeed beni Esav? And he said, I am.
25 And he said, Bring it near to me, and I will eat of the wild game of beni, that my nefesh may make a brocha upon thee. And he brought it near to him, and he did eat; and he brought him yayin and he drank.
26 And aviv Yitzchak said unto him, Come near now, and kiss me beni.
27 And he came near, and kissed him: and he smelled the reiach (smell) of his begadim, and made a brocha upon him, and said, See, the reiach of beni is as the reiach of a sadeh upon which Hashem hath made a brocha;
28 Therefore HaElohim give thee of the tal haShomayim, and the fatness of ha’aretz, and plenty of dagan and tirosh;
29 Let people serve thee, and amim bow down to thee: be gevir over thy achim, and let bnei immecha bow down to thee: arur be every one that curseth thee, and baruch be he that blesseh thee.
30 And as soon as Yitzchak had completed making on Ya’akov a brocha, and Ya’akov had hardly gone out from the presence of Yitzchak aviv, that Esav achiv came in from his hunt.
31 And he also had prepared matamim, and brought it unto aviv and said unto aviv, Let avi arise, and eat of the wild game of bno, that thy nefesh may make a brocha upon me.
32 And Yitzchak aviv said unto him, Mi atah? (Who art thou?) And he said, I am binecha, thy bechor Esav.
33 And Yitzchak trembled with charadah gedolah ad me’od (exceedingly great trembling), and said, Who? Where is he that hath hunted wild game, and brought it me, and I have eaten of all of it before thou camest, and have made a brocha upon him? And indeed he shall be baruch (blessed)!
34 And when Esav heard the words of aviv, he cried with tzeakah gedolah umarah ad me’od (a great and exceeding bitter cry), and said unto aviv, Make a brocha on me, even me also, O avi.
35 And he said, Achicha came with mirmah (deceit), and hath taken away thy brocha.
36 And he said, Is not he rightly called shmo Ya’akov? for vaya’keveni (now he deceived/outwitted me) these two times he took away my bechorah (birthright); and, hinei, now he hath taken away my brocha (blessing). And he asked, Hast thou not reserved a brocha for me?
37 And Yitzchak answered and said unto Esav, See, I have made him gevir over you, and all his achim have I given to him for avadim; and with dagan and tirosh have I sustained him; and what shall I do now unto thee, beni?
38 And Esav said unto aviv, Hast thou but one brocha, avi? Make a brocha on me, even me also, O avi. And Esav lifted up his kol (voice), and wept.
39 And Yitzchak aviv answered and said unto him, Hinei, thy moshav (dwelling) shall be the fatness of ha’aretz, and of the tal HaShomayim from above;
40 And by thy cherev shalt thou live, and shalt serve achicha; and it shall come to pass when thou shalt become restless, that thou shalt break his ol (yoke) from off thy tzavar (neck).
41 And Esav hated Ya’akov because of the brocha wherewith aviv made a brocha upon him: and Esav said in his lev, The yemei evel (days of mourning) for avi are at hand; then will I slay Ya’akov achi.
42 And these words of Esav her ben hagadol were told to Rivkah; and she sent and called Ya’akov her ben hakatan, and said unto him, Hinei, Esav achicha, as touching thee, doth console himself, purposing to kill thee.
43 Now therefore, beni, shema bekoli (listen to my voice)! Arise, flee thou to Lavan achi to Charan;
44 And tarry with him a few days, until chamat achicha subsides;
45 And when af achicha subsides from thee, and he forget that which thou hast done to him; then I will send, and get thee from there. Why should I be bereaved also of you both in yom echad (one day, the same day)?
46 And Rivkah said to Yitzchak, I am weary of my life because of the Banot Chet: if Ya’akov take an isha of the Banot Chet (Hittite women) such as these which are of the banot ha’aretz, what will chayyim to me be?
28:1 And Yitzchak called for Ya’akov, and blessed him, and charged him, and said unto him, Thou shalt not take an isha of the Banot Kena’an.
2 Arise, go to Paddanah- Aram, to the bais Betuel avi immecha; and take thee an isha from there of the banot Lavan achi immecha.
3 And El Shaddai bless thee, and make thee fruitful, and multiply thee, that thou mayest be a kahal amim;
4 And give thee the birkat Avraham, to thee, and to thy zera with thee; that thou mayest inherit the eretz wherein thou art a ger, which Elohim gave unto Avraham.
5 And Yitzchak sent away Ya’akov; and he went to Padanah-Aram unto Lavan ben Betuel the Aramean, achi Rivkah, em Ya’akov and Esav.
6 When Esav saw that Yitzchak had blessed Ya’akov, and sent him away to Padanah-Aram, to take an isha for him from there; and that when he blessed him he gave him a charge, saying, Thou shalt not take an isha of the Banot Kena’an;
7 And that Ya’akov obeyed his av and his em, and went to Padanah-Aram;
8 And Esav seeing that the Banot Kena’an pleased not Yitzchak his av;
9 Then went Esav unto Yishmael, and took unto the nashim which he had Machalat bat Yishmael ben Avraham, the achot of Nevayot, to be his wife.)
Today's Laws & Customs:
Bless New Month
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Kislev, which occurs tomorrow (Sunday).
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon. Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms); The Farbrengen
Today in Jewish History:
Flood ends (2104 BCE)
On the 27th of Cheshvan of the year 1657 from creation (2104 BCE) "the earth dried" (Genesis 8:14) completing the 365-day duration of the great flood that wiped out all life on earth save for the eight human beings and and the animals (two of each species) in Noah's ark; on this day G-d commanded Noah to "Come out of the ark" and repopulate, settle and civilize the earth.
[See entry for Cheshvan 17 for a Chronology of the Flood.]
Links: Life in a Box; Lunar Flood, Solar Year; The Discovery of Planet Earth; Noach Parshah Page
Mumbai Terror Attacks (2008)
The city of Mumbai, India, was hit with a series of coordinated terror attacks, starting on Wednesday evening, the 29th of Cheshvan 5769, which left close to 200 dead and scores more injured.
One of the terrorists' chosen targets was the local Chabad House, known as the "Nariman House," operated by Chabad-Lubavitch emissaries Rabbi Gavriel Noach (Gabi) and Rivkah (Rivki) Holtzberg.
In the subsequent standoff, which continued until Friday afternoon, Gabi and Rivki and several other Jews in the Chabad House – Rabbis Bentzion Chroman and Leibish Teitelbaum, Norma Schwartzblatt-Rabinowitz and Yocheved Orpaz – were killed in cold blood. May G‑d avenge their murders.
Miraculously, the Holtzbergs' two-year-old child, Moshe, was saved by his nanny.
Link: Mumbai Terror Attacks
DAILY QUOTE:
Did I ever despise the judgment of my servant and my maid when they argued with me? ... Did not my Maker make him, too, in the belly, and did not the same One form us both in the womb?(Job 31:13, 15)
G-d transforms spirituality into physicality; the Jew makes physical things spiritual(Rabbi Israel Baal Shem Tov)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Kislev, which occurs tomorrow (Sunday).
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon. Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms); The Farbrengen
Today in Jewish History:
Flood ends (2104 BCE)
On the 27th of Cheshvan of the year 1657 from creation (2104 BCE) "the earth dried" (Genesis 8:14) completing the 365-day duration of the great flood that wiped out all life on earth save for the eight human beings and and the animals (two of each species) in Noah's ark; on this day G-d commanded Noah to "Come out of the ark" and repopulate, settle and civilize the earth.
[See entry for Cheshvan 17 for a Chronology of the Flood.]
Links: Life in a Box; Lunar Flood, Solar Year; The Discovery of Planet Earth; Noach Parshah Page
Mumbai Terror Attacks (2008)
The city of Mumbai, India, was hit with a series of coordinated terror attacks, starting on Wednesday evening, the 29th of Cheshvan 5769, which left close to 200 dead and scores more injured.
One of the terrorists' chosen targets was the local Chabad House, known as the "Nariman House," operated by Chabad-Lubavitch emissaries Rabbi Gavriel Noach (Gabi) and Rivkah (Rivki) Holtzberg.
In the subsequent standoff, which continued until Friday afternoon, Gabi and Rivki and several other Jews in the Chabad House – Rabbis Bentzion Chroman and Leibish Teitelbaum, Norma Schwartzblatt-Rabinowitz and Yocheved Orpaz – were killed in cold blood. May G‑d avenge their murders.
Miraculously, the Holtzbergs' two-year-old child, Moshe, was saved by his nanny.
Link: Mumbai Terror Attacks
DAILY QUOTE:
Did I ever despise the judgment of my servant and my maid when they argued with me? ... Did not my Maker make him, too, in the belly, and did not the same One form us both in the womb?(Job 31:13, 15)
G-d transforms spirituality into physicality; the Jew makes physical things spiritual(Rabbi Israel Baal Shem Tov)
DAILY STUDY:
Chumash: Parshat Toldot, 4th Portion (Genesis 26:23-26:29) with Rashi
• Chapter 26
23. And he went up from there to Beer sheba. כג. וַיַּעַל מִשָּׁם בְּאֵר שָׁבַע:
24. And the Lord appeared to him on that night and said, "I am the God of Abraham, your father. Fear not, for I am with you, and I will bless you and multiply your seed for the sake of Abraham, My servant." כד. וַיֵּרָא אֵלָיו יְהֹוָה בַּלַּיְלָה הַהוּא וַיֹּאמֶר אָנֹכִי אֱלֹהֵי אַבְרָהָם אָבִיךָ אַל תִּירָא כִּי אִתְּךָ אָנֹכִי וּבֵרַכְתִּיךָ וְהִרְבֵּיתִי אֶת זַרְעֲךָ בַּעֲבוּר אַבְרָהָם עַבְדִּי:
25. And he built an altar there, and he called in the name of the Lord, and he pitched his tent there, and Isaac's servants dug a well there. כה. וַיִּבֶן שָׁם מִזְבֵּחַ וַיִּקְרָא בְּשֵׁם יְהֹוָה וַיֶּט שָׁם אָהֳלוֹ וַיִּכְרוּ שָׁם עַבְדֵי יִצְחָק בְּאֵר:
26. And Abimelech went to him from Gerar, and a group of his companions and Pichol, his general. כו. וַאֲבִימֶלֶךְ הָלַךְ אֵלָיו מִגְּרָר וַאֲחֻזַּת מֵרֵעֵהוּ וּפִיכֹל שַׂר צְבָאוֹ:
and a group of his companions: Heb. וַאִחֻזַת מֵרֵעֵהוּ, as the Targum renders: וְסִיעַת מֵרַחִמוֹהִי, a group of his friends [the “mem” meaning“of”](Gen. Rabbah 64:9). Some interpret that in the word מֵרֵעֵהוּ, the “mem” is [part of] the root of the word, like (Jud. 14:11):“the thirty companions” (מֵרֵעִים) of Samson, in order that the word וַאִחֻזַת should be in the construct state [i.e., the group of his friends]. However, it is not polite to speak of royalty in this manner, i.e.,“his group of companions,” because this would imply that he brought his entire group of companions, and that he had only one group of companions. Therefore, it should be interpreted in the previous manner, [i.e., that אִחֻזַת is not construct]. And do not be puzzled about the letter“thav” of אִחֻזַת. Although the word is not in the construct state, there are similar cases in Scripture (Ps. 60:13):“help against the adversary” עֶזְרָת מִצָּר (Isa. 51: 21):“drunk, but not from wine” (וּשְׁכֻרַת וְלֹא מִיָּיִן).
ואחזת מרעהו: כתרגומו וסיעת מרחמוהי, סיעת מאוהביו. ויש פותרין מרעהו מ' מיסוד התיבה, כמו (שופטים יד יא) שלשים מרעים דשמשון, כדי שתהיה תיבת ואחוזת דבוקה, אבל אין דרך ארץ לדבר על המלכות כן סיעת אוהביו, שאם כן כל סיעת אוהביו הוליך עמו ולא היה לו אלא סיעה אחת של אוהבים, לכן יש לפותרו כלשון הראשון. ואל תתמה על תי"ו של ואחוזת ואף על פי שאין התיבה סמוכה, יש דוגמתה במקרא (תהלים ס יג) עזרת מצר, (ישעיה נא כא) ושכורת ולא מיין:
a group: Heb. אִחֻזַת, an expression of a gathering or a band [of people] who are held (שֶׁנֶאֱחָזִין) together.
אחזת: לשון קבוצה ואגודה שנאחזין יחד:
27. And Isaac said to them, "Why have you come to me, since you hate me, and you sent me away from you?" כז. וַיֹּאמֶר אֲלֵהֶם יִצְחָק מַדּוּעַ בָּאתֶם אֵלָי וְאַתֶּם שְׂנֵאתֶם אֹתִי וַתְּשַׁלְּחוּנִי מֵאִתְּכֶם:
28. And they said, "We have seen that the Lord was with you; so we said: Let there now be an oath between us, between ourselves and you, and let us form a covenant with you. כח. וַיֹּאמְרוּ רָאוֹ רָאִינוּ כִּי הָיָה יְהֹוָה | עִמָּךְ וַנֹּאמֶר תְּהִי נָא אָלָה בֵּינוֹתֵינוּ בֵּינֵינוּ וּבֵינֶךָ וְנִכְרְתָה בְרִית עִמָּךְ:
And they said,"We have seen: Heb. רָאו ֹרָאִינוּ, [a double expression meaning:] We saw it regarding your father; we saw it regarding you. [From Gen. Rabbah 64:10]
ראו ראינו: ראינו באביך ראינו בך:
Let there now be an oath between us, etc.: Let the oath that has existed between us from the days of your father be now also between us and you. [From Targum Onkelos]
תהי נא אלה בינותינו וגו': האלה אשר בינותינו מימי אביך, תהי גם עתה בינינו וביניך:
29. If you do [not] harm us, as we have not touched you, and as we have done with you only good, and we sent you away in peace, [so do] you now, blessed of the Lord." כט. אִם תַּעֲשֵׂה עִמָּנוּ רָעָה כַּאֲשֶׁר לֹא נְגַעֲנוּךָ וְכַאֲשֶׁר עָשִׂינוּ עִמְּךָ רַק טוֹב וַנְּשַׁלֵּחֲךָ בְּשָׁלוֹם אַתָּה עַתָּה בְּרוּךְ יְהֹוָה:
we have not touched you: when we said to you, “Go away from us.”
לא נגענוך: כשאמרנו (לעיל פסוק טז) לך מעמנו:
you: You too, (other editions: now too) do to us likewise.
אתה: גם אתה עשה עמנו כמו כן:
Chumash Parshat Toldot, 5th Portion (Genesis 26:30-27:27) with Rashi
Chapter 26
30. So he made a feast for them, and they ate and drank. ל. וַיַּעַשׂ לָהֶם מִשְׁתֶּה וַיֹּאכְלוּ וַיִּשְׁתּוּ:
31. And they arose early in the morning, and they swore one to the other, and Isaac escorted them, and they went away from him in peace. לא. וַיַּשְׁכִּימוּ בַבֹּקֶר וַיִּשָּׁבְעוּ אִישׁ לְאָחִיו וַיְשַׁלְּחֵם יִצְחָק וַיֵּלְכוּ מֵאִתּוֹ בְּשָׁלוֹם:
32. And it came to pass on that day, that Isaac's servants came and told him about the well that they had dug, and they said to him, "We have found water." לב. וַיְהִי | בַּיּוֹם הַהוּא וַיָּבֹאוּ עַבְדֵי יִצְחָק וַיַּגִּדוּ לוֹ עַל אֹדוֹת הַבְּאֵר אֲשֶׁר חָפָרוּ וַיֹּאמְרוּ לוֹ מָצָאנוּ מָיִם:
33. And he named it Shibah; therefore, the city is named Beer sheba until this very day. לג. וַיִּקְרָא אֹתָהּ שִׁבְעָה עַל כֵּן שֵׁם הָעִיר בְּאֵר שֶׁבַע עַד הַיּוֹם הַזֶּה:
Shibah: Because of the covenant [shevuah in Hebrew means oath].
שבעה: על שם הברית:
34. And Esau was forty years old, and he married Judith, the daughter of Beeri the Hittite, and Basemath, the daughter of Elon the Hittite. לד. וַיְהִי עֵשָׂו בֶּן אַרְבָּעִים שָׁנָה וַיִּקַּח אִשָּׁה אֶת יְהוּדִית בַּת בְּאֵרִי הַחִתִּי וְאֶת בָּשְׂמַת בַּת אֵילֹן הַחִתִּי:
forty years old: Esau was compared to a swine, as it is said (Ps. 80:14): “The boar from the forest gnaws at it.” This swine, when it lies down, stretches out its hooves, as if to say, “See, I am a clean (kosher) animal.” So do these [the chiefs of Esau] rob and plunder and then pretend to be honorable. During the entire forty years, Esau kidnapped wives from their husbands and violated them. When he was forty years old, he said:“My father married at forty; I, too, will do the same.” [From Gen. Rabbah 65:1]
בן ארבעים שנה: עשו היה נמשל לחזיר, שנאמר (תהלים פ יד) יכרסמנה חזיר מיער, החזיר הזה כשהוא שוכב פושט טלפיו לומר ראו שאני טהור, כך אלו [אלופי עשו] גוזלים וחומסים ומראים עצמם כשרים. כל ארבעים שנה היה עשו צד נשים מתחת בעליהן ומענה אותם, כשהיה בן ארבעים אמר אבא בן ארבעים שנה נשא אשה, אף אני כן:
35. And they were a vexation of the spirit to Isaac and to Rebecca. לה. וַתִּהְיֶיןָ מֹרַת רוּחַ לְיִצְחָק וּלְרִבְקָה:
a vexation of the spirit: Heb. מֹרַת רוּחַ, an expression of defiance of spirit הַמְרָאַתרוּחַ like (Deut. 9:24):“You have been rebellious מַמְרִים.” All their deeds were to provoke and to grieve. [From Targum Onkelos]
מורת רוח: לשון המראת רוח, כמו (דברים ט כד) ממרים הייתם כל מעשיהן היו לעצבון:
to Isaac and to Rebecca: for they worshipped idols. [From Midrash Tanchuma, Toledoth 8]
ליצחק ולרבקה: שהיו עובדות עבודה זרה:
Chumash: Parshat Toldot, 6th Portion (Genesis 27:28-28:4) with Rashi
Chapter 27
1. It came to pass when Isaac was old, and his eyes were too dim to see, that he called Esau his elder son, and he said to him, "My son," and he said to him, "Here I am." א. וַיְהִי כִּי זָקֵן יִצְחָק וַתִּכְהֶיןָ עֵינָיו מֵרְאֹת וַיִּקְרָא אֶת עֵשָׂו | בְּנוֹ הַגָּדֹל וַיֹּאמֶר אֵלָיו בְּנִי וַיֹּאמֶר אֵלָיו הִנֵּנִי:
were too dim: Because of the smoke of these [wives of Esau] (who would burn [incense] to the idols) (Tanchuma, Toledoth 8; Pesiktha Rabbathi 12). Another explanation: When Isaac was bound on the altar, and his father was about to slaughter him, the heavens opened, and the ministering angels saw and wept, and their tears fell upon Isaac’s eyes. As a result, his eyes became dim (Gen. Rabbah 65:6). A third explanation: to enable Jacob to take the blessings (Gen. Rabbah 65:8).
ותכהין: בעשנן של אלו. דבר אחר כשנעקד על גבי המזבח והיה אביו רוצה לשחטו, באותה שעה נפתחו השמים וראו מלאכי השרת והיו בוכים וירדו דמעותיהם ונפלו על עיניו, לפיכך כהו עיניו. דבר אחר כדי שיטול יעקב את הברכות:
2. And he said, "Behold now, I have grown old; I do not know the day of my death. ב. וַיֹּאמֶר הִנֵּה נָא זָקַנְתִּי לֹא יָדַעְתִּי יוֹם מוֹתִי:
I do not know the day of my death: Rabbi Joshua ben Korchah said: If a person reaches the age of [the death of] his parents, he should worry five years beforehand and five years afterwards, and Isaac was one hundred and twenty-three years old. He said, “Perhaps I will reach the age of [the death of] my mother, and she died at one hundred and twenty-seven, and I am thus within five years of her age; therefore, ”I do not know the day of my death," -perhaps [I will die] at my mother’s age and perhaps at my father’s age. [From Gen. Rabbah 65:121]
לא ידעתי יום מותי: אמר רבי יהושע בן קרחה אם מגיע אדם לפרק אבותיו ידאג חמש שנים לפניהם וחמש לאחר כן, ויצחק היה בן מאה עשרים ושלש, אמר שמא לפרק אמי אני מגיע, והיא מתה בת מאה עשרים ושבע והריני בן חמש שנים סמוך לפרקה, לפיכך לא ידעתי יום מותי, שמא לפרק אמי, שמא לפרק אבא:
3. So, now, sharpen your implements, your sword [and take] your bow, and go forth to the field, and hunt game for me. ג. וְעַתָּה שָׂא נָא כֵלֶיךָ תֶּלְיְךָ וְקַשְׁתֶּךָ וְצֵא הַשָּׂדֶה וְצוּדָה לִּי צָיִד:
your sword: Heb. תֶּלְיְ, your sword, which is usually hung לִתְלוֹתָה.
תליך: חרבך שדרך לתלותה:
So, now, sharpen: שָׂא נָא an expression of sharpening, as we learned in the Mishnah (Beizah 28a):“We may not sharpen a knife [on a whet-stone] but we may sharpen it (מַשִּׂיאָה) against another one [on Yom-Tov].” [Isaac said]: “Sharpen your knife and slaughter properly, lest you feed me neveila ” [an animal not slaughtered according to ritual law] (Gen. Rabbah 65: 13).
שא נא: לשון השחזה כאותה ששנינו (ביצה כח א) אין משחיזין את הסכין אבל משיאה על גבי חברתה, חדד סכינך ושחוט יפה, שלא תאכילני נבלה:
and hunt for me: from ownerless [game], and not from stolen [animals]. [Gen. Rabbah 65:13]
וצודה לי: מן ההפקר ולא מן הגזל:
4. And make for me tasty foods as I like, and bring them to me, and I will eat, in order that my soul will bless you before I die." ד. וַעֲשֵׂה לִי מַטְעַמִּים כַּאֲשֶׁר אָהַבְתִּי וְהָבִיאָה לִּי וְאֹכֵלָה בַּעֲבוּר תְּבָרֶכְךָ נַפְשִׁי בְּטֶרֶם אָמוּת:
5. But Rebecca overheard when Isaac spoke to Esau his son, and Esau went to the field to hunt game, to bring [it]. ה. וְרִבְקָה שֹׁמַעַת בְּדַבֵּר יִצְחָק אֶל עֵשָׂו בְּנוֹ וַיֵּלֶךְ עֵשָׂו הַשָּׂדֶה לָצוּד צַיִד לְהָבִיא:
to hunt game, to bring: What is the meaning of“to bring” ? If he would not find game, he intended to bring [meat] from stolen [animals]. - [from Gen. Rabbah 65:13]
לצוד ציד להביא: מהו להביא, אם לא ימצא ציד יביא מן הגזל:
6. And Rebecca said to Jacob her son, saying, "Behold I have heard your father speaking to Esau your brother, saying, ו. וְרִבְקָה אָמְרָה אֶל יַעֲקֹב בְּנָהּ לֵאמֹר הִנֵּה שָׁמַעְתִּי אֶת אָבִיךָ מְדַבֵּר אֶל עֵשָׂו אָחִיךָ לֵאמֹר:
7. 'Bring me game and make me tasty foods, and I will eat, and I will bless you before the Lord before my death.' ז. הָבִיאָה לִּי צַיִד וַעֲשֵׂה לִי מַטְעַמִּים וְאֹכֵלָה וַאֲבָרֶכְכָה לִפְנֵי יְהֹוָה לִפְנֵי מוֹתִי:
before the Lord: with His consent, that He will approve of what I do.
לפני ה': ברשותו שיסכים על ידי:
8. And now my son, hearken to my voice, to what I am commanding you. ח. וְעַתָּה בְנִי שְׁמַע בְּקֹלִי לַאֲשֶׁר אֲנִי מְצַוָּה אֹתָךְ:
9. Go now to the flock, and take for me from there two choice kids, and I will make them tasty foods for your father, as he likes. ט. לֶךְ נָא אֶל הַצֹּאן וְקַח לִי מִשָּׁם שְׁנֵי גְּדָיֵי עִזִּים טֹבִים וְאֶעֱשֶׂה אֹתָם מַטְעַמִּים לְאָבִיךָ כַּאֲשֶׁר אָהֵב:
and take for me: [“לִי” indicates that] they are mine, and they are not stolen, because so had Isaac written for her in her marriage contract, that she might take two kids every day (Gen. Rabbah 65:14).
וקח לי: משלי הם ואינם גזל, שכך כתב לה יצחק בכתובתה ליטול שני גדיי עזים בכל יום:
two choice kids: Now did Isaac’s menu consist of two kids? But [the explanation is that] he sacrificed one as a Paschal offering, and one he made into tasty foods. [This is found] in Pirkei d’Rabbi Eliezer (ch. 32).
שני גדיי עזים: וכי שני גדיי עזים היה מאכלו של יצחק, אלא האחד הקריב לפסחו והאחד עשה מטעמים. בפרקי דרבי אליעזר (פרק לב):
as he likes: for the taste of a kid is like the taste of a deer.
כאשר אהב: כי טעם הגדי כטעם הצבי:
10. And you shall bring [them] to your father that he may eat, in order that he bless you before his death." י. וְהֵבֵאתָ לְאָבִיךָ וְאָכָל בַּעֲבֻר אֲשֶׁר יְבָרֶכְךָ לִפְנֵי מוֹתוֹ:
11. And Jacob said to Rebecca his mother, "Behold, my brother Esau is a hairy man, whereas I am a smooth man. יא. וַיֹּאמֶר יַעֲקֹב אֶל רִבְקָה אִמּוֹ הֵן עֵשָׂו אָחִי אִישׁ שָׂעִר וְאָנֹכִי אִישׁ חָלָק:
a hairy man: Heb. אִישׁ שָׂעִר, one possessing hair.
איש שער: בעל שער:
12. Perhaps my father will touch me, and I will appear to him as a deceiver, and I will bring upon myself a curse and not a blessing." יב. אוּלַי יְמֻשֵּׁנִי אָבִי וְהָיִיתִי בְעֵינָיו כִּמְתַעְתֵּעַ וְהֵבֵאתִי עָלַי קְלָלָה וְלֹא בְרָכָה:
will touch me: Heb. יְמֻשֵּׁנִי, similar to (Deut. 28:29):“feeling (מְמַשֵּׁשׁ) at noon.”
ימשני: כמו (דברים כח כט) ממשש בצהרים:
13. And his mother said to him, "On me is your curse, my son. Only hearken to my voice and go, take [them] for me." יג. וַתֹּאמֶר לוֹ אִמּוֹ עָלַי קִלְלָתְךָ בְּנִי אַךְ שְׁמַע בְּקֹלִי וְלֵךְ קַח לִי:
14. So he went, and he took, and he brought [them] to his mother, and his mother made tasty foods, as his father liked. יד. וַיֵּלֶךְ וַיִּקַּח וַיָּבֵא לְאִמּוֹ וַתַּעַשׂ אִמּוֹ מַטְעַמִּים כַּאֲשֶׁר אָהֵב אָבִיו:
15. And Rebecca took the costly garments of Esau, her elder son, which were with her in the house, and she dressed Jacob, her younger son. טו. וַתִּקַּח רִבְקָה אֶת בִּגְדֵי עֵשָׂו בְּנָהּ הַגָּדֹל הַחֲמֻדֹת אֲשֶׁר אִתָּהּ בַּבָּיִת וַתַּלְבֵּשׁ אֶת יַעֲקֹב בְּנָהּ הַקָּטָן:
the costly: הַחַמוּדֹת [means] the clean ones, as the Targum renders: דַּכְיָתָא [clean ones]. Another explanation: The ones [garments] that he had coveted [שֶׁחָמַד] from Nimrod. [From Gen. Rabbah 65:16]
החמודות: הנקיות, כתרגומו דכייתא. דבר אחר שחמד אותן מן נמרוד:
which were with her in the house: But He [Esau] had many wives, [with whom to entrust his garments] and yet he entrusted them [his garments] with his mother?! He was well aware of their deeds, and he was suspicious of them. [From Gen. Rabbah 65:16]
אשר אתה בבית: והלא כמה נשים היו לו והוא מפקיד אצל אמו, אלא שהיה בקי במעשיהן וחושדן:
16. And the hides of the kids she put on his hands and on the smoothness of his neck. טז. וְאֵת עֹרֹת גְּדָיֵי הָעִזִּים הִלְבִּישָׁה עַל יָדָיו וְעַל חֶלְקַת צַוָּארָיו:
17. And she gave the tasty foods and the bread that she had made, into the hand of Jacob her son. יז. וַתִּתֵּן אֶת הַמַּטְעַמִּים וְאֶת הַלֶּחֶם אֲשֶׁר עָשָׂתָה בְּיַד יַעֲקֹב בְּנָהּ:
18. And he came to his father and said, "My father!" And he said, "Here I am. Who are you, my son?" יח. וַיָּבֹא אֶל אָבִיו וַיֹּאמֶר אָבִי וַיֹּאמֶר הִנֶּנִּי מִי אַתָּה בְּנִי:
19. And Jacob said to his father, "I am Esau your firstborn. I have done as you have spoken to me. Please rise, sit down and eat of my game, so that your soul will bless me." יט. וַיֹּאמֶר יַעֲקֹב אֶל אָבִיו אָנֹכִי עֵשָׂו בְּכֹרֶךָ עָשִׂיתִי כַּאֲשֶׁר דִּבַּרְתָּ אֵלָי קוּם נָא שְׁבָה וְאָכְלָה מִצֵּידִי בַּעֲבוּר תְּבָרֲכַנִּי נַפְשֶׁךָ:
I am…Esau…your firstborn: [He meant]: I am the one who is bringing you [food] and Esau is your firstborn. [From Tanchuma Buber]
אנכי עשו בכורך: אנכי המביא לך, ועשו הוא בכורך:
I have done: many things, as you have spoken to me.
עשיתי: כמה דברים כאשר דברת אלי:
sit down: Heb. שְׁבָה, an expression of sitting around the table [at a meal]. Therefore, it is rendered [by Onkelos] אִסְתְּחַר.
שבה: לשון מיסב על השלחן, לכך מתורגם אסתחר:
20. And Isaac said to his son, "How is it that you have found [it] so quickly, my son?" And he said, "Because the Lord your God prepared it before me." כ. וַיֹּאמֶר יִצְחָק אֶל בְּנוֹ מַה זֶּה מִהַרְתָּ לִמְצֹא בְּנִי וַיֹּאמֶר כִּי הִקְרָה יְהֹוָה אֱלֹהֶיךָ לְפָנָי:
21. And Isaac said to Jacob, "Please come closer, so that I may feel you, my son, whether you are really my son Esau or not." כא. וַיֹּאמֶר יִצְחָק אֶל יַעֲקֹב גְּשָׁה נָּא וַאֲמֻשְׁךָ בְּנִי הַאַתָּה זֶה בְּנִי עֵשָׂו אִם לֹא:
Please come closer, so that I may feel you: Isaac said to himself, “Esau does not usually mention the name of Heaven with frequency, but this one said: ‘Because the Lord your God prepared it….’” [from Gen. Rabbah 65:19]
גשה נא ואמשך: אמר יצחק בלבו אין דרך עשו להיות שם שמים שגור בפיו, וזה אמר (פסוק כ) כי הקרה ה' אלהיך:
22. So Jacob drew near to Isaac his father, and he felt him, and he said, "The voice is the voice of Jacob, but the hands are the hands of Esau." כב. וַיִּגַּשׁ יַעֲקֹב אֶל יִצְחָק אָבִיו וַיְמֻשֵּׁהוּ וַיֹּאמֶר הַקֹּל קוֹל יַעֲקֹב וְהַיָּדַיִם יְדֵי עֵשָׂו:
the voice of Jacob: who speaks entreatingly: “Please rise,” but Esau spoke harshly, “Let my father arise!” [From Tanchuma Buber, Toledoth 15]
קול יעקב: שמדבר בלשון תחנונים (פסוק יט) קום נא, אבל עשו בלשון קנטוריא דבר (פסוק לא) יקום אבי:
23. And he did not recognize him because his hands were hairy like the hands of his brother Esau, and he blessed him. כג. וְלֹא הִכִּירוֹ כִּי הָיוּ יָדָיו כִּידֵי עֵשָׂו אָחִיו שְׂעִרֹת וַיְבָרֲכֵהוּ:
24. And he said, "Are you [indeed] my son Esau?" And he said, "I am." כד. וַיֹּאמֶר אַתָּה זֶה בְּנִי עֵשָׂו וַיֹּאמֶר אָנִי:
And he said, “I am.”: He did not say, “I am Esau,” but “I am.” [From Num. Rabbah 10:6]
ויאמר אני: לא אמר אני עשו אלא אני:
25. And he said, "Serve [it] to me that I may eat of the game of my son, so that my soul will bless you." And he served him, and he ate, and he brought him wine, and he drank. כה. וַיֹּאמֶר הַגִּשָׁה לִּי וְאֹכְלָה מִצֵּיד בְּנִי לְמַעַן תְּבָרֶכְךָ נַפְשִׁי וַיַּגֶּשׁ לוֹ וַיֹּאכַל וַיָּבֵא לוֹ יַיִן וַיֵּשְׁתְּ:
26. And his father Isaac said to him, "Please come closer and kiss me, my son." כו. וַיֹּאמֶר אֵלָיו יִצְחָק אָבִיו גְּשָׁה נָּא וּשֲׁקָה לִּי בְּנִי:
27. And he came closer, and he kissed him, and he smelled the fragrance of his garments, and he blessed him, and he said, "Behold, the fragrance of my son is like the fragrance of a field, which the Lord has blessed! כז. וַיִּגַּשׁ וַיִּשַּׁק לוֹ וַיָּרַח אֶת רֵיחַ בְּגָדָיו וַיְבָרֲכֵהוּ וַיֹּאמֶר רְאֵה רֵיחַ בְּנִי כְּרֵיחַ שָׂדֶה אֲשֶׁר בֵּרֲכוֹ יְהֹוָה:
and he smelled, etc.: Is it not so that there is no odor more offensive than that of washed goat skins? But this teaches us that the fragrance of the Garden of Eden entered with him. [From Tanchuma Buber 16]
וירח וגו': והלא אין ריח רע יותר משטף העזים, אלא מלמד שנכנסה עמו ריח גן עדן:
is like the fragrance of a field, which the Lord has blessed: for He gave it a pleasant fragrance, and this is a field of apples. So did our Sages explain it. [From Ta’anith 29b]
כריח שדה אשר ברכו ה': שנתן בו ריח טוב, וזה שדה תפוחים, כן דרשו רבותינו ז"ל:
Chumash: Parshat Toldot, 6th Portion (Genesis 27:28-28:4) with Rashi
Chapter 27
28. And may the Lord give you of the dew of the heavens and [of] the fatness of the earth and an abundance of grain and wine. כח. וְיִתֶּן לְךָ הָאֱלֹהִים מִטַּל הַשָּׁמַיִם וּמִשְׁמַנֵּי הָאָרֶץ וְרֹב דָּגָן וְתִירשׁ:
And may the Lord give you: May He give and repeatedly give (444 Gen. Rabbah 66:3). According to its simple meaning, it refers back to the previous topic: “Look, the fragrance of my son” which God has given him, “is like the fragrance of a field, etc.,” and furthermore,“May He give you of the dew of the heavens, etc.”
ויתן לך: יתן ויחזור ויתן. ולפי פשוטו מוסב לענין הראשון ראה ריח בני, שנתן לו הקב"ה, כריח שדה וגו' ועוד יתן לך מטל השמים וגו':
of the dew of the heavens: [It is to be interpreted] according to its simple meaning, and there are Midrashic interpretations of many kinds. (Another explanation: What is the meaning of הָאֱלֹהִים [I.e., why is the Divine Name which signifies God’s attribute of Justice used here? To teach that He will treat you] with justice. If you deserve it, He will give to you, and if not, He will not give to you. But to Esau he said, “The fat places of the earth shall be your dwelling place.” Whether righteous or wicked, He will give to you. And from him [Isaac], Solomon learned; when he built the Temple, he arranged his prayer, [saying that] an Israelite, who has faith and justifies the Divine decree upon himself, will not complain about You; therefore (I Kings 8:39): “and give to every man [Israelite] according to his ways,” for You know what is in his heart. But a gentile lacks faith; therefore [Solomon] said (ibid. verse 43): “You shall hear in heaven, etc., and do according to all that the stranger calls upon You for,” i.e., whether he is deserving or undeserving, give to him, so that he should not complain about You. [This is found] in an old and correct edition of Rashi .) [From Tanchuma Buber, Toledoth 14]
מטל השמים: כמשמעו, ומדרש אגדה יש להרבה פנים:
29. Nations shall serve you and kingdoms shall bow down to you; you shall be a master over your brothers, and your mother's sons shall bow down to you. Those who curse you shall be cursed, and those who bless you shall be blessed." כט. יַעַבְדוּךָ עַמִּים וְיִשְׁתַּחֲווּ לְךָ לְאֻמִּים הֱוֵה גְבִיר לְאַחֶיךָ וְיִשְׁתַּחֲווּ לְךָ בְּנֵי אִמֶּךָ אֹרֲרֶיךָ אָרוּר וּמְבָרֲכֶיךָ בָּרוּךְ:
your mother’s sons: But Jacob said to Judah, “your father’s sons” because he [Jacob] had sons from many mothers, but here, since he [Isaac] had married only one wife, he said, “your mother’s sons” (Gen. Rabbah 66:4).
בני אמך: ויעקב אמר ליהודה (להלן מט ח) בני אביך, לפי שהיו לו בנים מכמה אמהות, וכאן שלא נשא אלא אשה אחת אמר בני אמך:
Those who curse you shall be cursed, and those who bless you shall be blessed: But concerning Balaam, Scripture says (Num. 24:9):“Those who bless you shall be blessed, and those who curse you shall be cursed” (Gen. Rabbah ibid.). [The reason for this is that, for] the righteous-their beginning is suffering and their end is tranquillity; and thus, those who curse them and cause them pain precede those who bless them. Isaac therefore mentioned the curse of those who curse before the blessing of those who bless. As for the wicked, however, their beginning is tranquillity, and their end is suffering; Balaam, therefore, mentioned the blessing before the curse. [From Gen. Rabbah 66:4]
ארריך ארור ומברכיך ברוך: ובבלעם הוא אומר (במדבר כד ט) מברכיך ברוך ואורריך ארור. הצדיקים תחלתם יסורים וסופן שלוה, ואורריהם ומצעריהם קודמים למברכיהם, לפיכך יצחק הקדים קללת אוררים לברכת מברכים. והרשעים תחלתן שלוה וסופן יסורין, לפיכך בלעם הקדים ברכה לקללה:
30. And it came to pass, when Isaac had finished blessing Jacob, and it came to pass Jacob had just left his father Isaac's presence, that his brother Esau came from his hunt. ל. וַיְהִי כַּאֲשֶׁר כִּלָּה יִצְחָק לְבָרֵךְ אֶת יַעֲקֹב וַיְהִי אַךְ יָצֹא יָצָא יַעֲקֹב מֵאֵת פְּנֵי יִצְחָק אָבִיו וְעֵשָׂו אָחִיו בָּא מִצֵּידוֹ:
had just left: Heb. יָצֹא יָצָא, [lit., going out, had gone out.] This one was leaving, and that one was coming in. [From Gen. Rabbah 66:5]
יצא יצא: זה יוצא וזה בא:
31. And he too had made tasty foods, and he brought [them] to his father, and he said to his father, "Let my father arise and eat of the game of his son, so that your soul will bless me. " לא. וַיַּעַשׂ גַּם הוּא מַטְעַמִּים וַיָּבֵא לְאָבִיו וַיֹּאמֶר לְאָבִיו יָקֻם אָבִי וְיֹאכַל מִצֵּיד בְּנוֹ בַּעֲבֻר תְּבָרֲכַנִּי נַפְשֶׁךָ:
32. And his father Isaac said to him, "Who are you?" And he said, "I am your son, your firstborn, Esau." לב. וַיֹּאמֶר לוֹ יִצְחָק אָבִיו מִי אָתָּה וַיֹּאמֶר אֲנִי בִּנְךָ בְכֹרְךָ עֵשָׂו:
33. And Isaac shuddered a great shudder, and he said, "Who then is the one who hunted game and brought it to me, and I ate of everything while you had not yet come, and I blessed him? He, too, shall be blessed." לג. וַיֶּחֱרַד יִצְחָק חֲרָדָה גְּדֹלָה עַד מְאֹד וַיֹּאמֶר מִי אֵפוֹא הוּא הַצָּד צַיִד וַיָּבֵא לִי וָאֹכַל מִכֹּל בְּטֶרֶם תָּבוֹא וָאֲבָרֲכֵהוּ גַּם בָּרוּךְ יִהְיֶה:
And Isaac shuddered: [וַיֶּחרָד is to be explained] as the Targum, וּתְוָה, an expression of bewilderment. According to the Midrash, however, he [actually shuddered because] he saw Gehinnom open beneath him. [From Tanchuma, Vezoth Haberachah 1]
ויחרד: כתרגומו ותוה לשון תימה. ומדרשו ראה גיהנם פתוחה מתחתיו:
Who then: [the word] אֵפוֹא is an expression by itself, which has many usages. Another explanation: אֵפוֹא is a combination of אַיּה [where] and פֹּה [here], [so that מִי אֵפוֹא means]: Who is he and where is he, who hunted game?
מי אפוא: לשון לעצמו, משמש עם כמה דברים. איפוא, איה פה, מי הוא ואיפוא הוא הצד ציד:
and I ate of everything: Any flavors I wished to taste, I tasted in it (Gen. Rabbah 67:2).
ואכל מכל: מכל טעמים שבקשתי לטעום טעמתי בו:
He, too, shall be blessed: That you should not say that had Jacob not deceived his father, he would not have received the blessings. Therefore, he concurred and blessed him intentionally (Gen. Rabbah 67:2).
גם ברוך יהיה: שלא תאמר אילולי שרימה יעקב לאביו לא נטל את הברכות, לכך הסכים וברכו מדעתו:
34. When Esau heard his father's words, he cried out a great and bitter cry, and he said to his father, "Bless me too, O my father!" לד. כִּשְׁמֹעַ עֵשָׂו אֶת דִּבְרֵי אָבִיו וַיִּצְעַק צְעָקָה גְּדֹלָה וּמָרָה עַד מְאֹד וַיֹּאמֶר לְאָבִיו בָּרֲכֵנִי גַם אָנִי אָבִי:
35. And he said, "Your brother came with cunning and took your blessing." לה. וַיֹּאמֶר בָּא אָחִיךָ בְּמִרְמָה וַיִּקַּח בִּרְכָתֶךָ:
with cunning: with cleverness. [From Targumim]
במרמה: בחכמה:
36. And he said, "Is it for this reason that he was named Jacob? For he has deceived me twice; he took my birthright, and behold, now he has taken my blessing." And he said, "Have you not reserved a blessing for me?" לו. וַיֹּאמֶר הֲכִי קָרָא שְׁמוֹ יַעֲקֹב וַיַּעְקְבֵנִי זֶה פַעֲמַיִם אֶת בְּכֹרָתִי לָקָח וְהִנֵּה עַתָּה לָקַח בִּרְכָתִי וַיֹּאמַר הֲלֹא אָצַלְתָּ לִּי בְּרָכָה:
And he said,“Is it for this reason that he was named Jacob: הִכִי is an expression denoting the interrogative, as in (below 29:15):”Is it because (הִכִי) you are my kinsman…?“ Was he named Jacob (יַעִקֹב) because of the future, because he was destined to deceive me (לְעָקְבֵנִי) ? Midrash Tanchuma (Buber, Toledoth 23) [asks]: Why did Isaac shudder? He said, ”Perhaps I am guilty of an iniquity, for I have blessed the younger son before the older one, and thus altered the order of the relationship.“ [Thereupon], Esau started crying, ”He has already deceived me twice!“ His father said to him, ”What did he do to you?“ He replied, ”He took my birthright.“ He [Isaac] said,”That is why I was troubled and shuddered, for [I was afraid that] perhaps I [had] transgressed the line of strict justice, [but] now [that I know that] I actually blessed the firstborn, ‘he too shall be blessed’."
הכי קרא שמו: לשון תימה הוא, כמו (לקמן כט טו) הכי אחי אתה, שמא לכך נקרא שמו יעקב על שם סופו שהוא עתיד לעקבני. תנחומא (תנחומא ישן כג) למה חרד יצחק, אמר שמא עון יש בי שברכתי הקטן לפני הגדול, ושניתי סדר היחס. התחיל עשו מצעק ויעקבני זה פעמים, אמר לו אביו מה עשה לך, אמר לו את בכורתי לקח, אמר בכך הייתי מצר וחרד שמא עברתי על שורת הדין, עכשיו לבכור ברכתי, גם ברוך יהיה:
for he has deceived me: Heb. וַיַעְקְבֵנִי. [To be explained] according to the Targum וּכַמַנִי [meaning]: and he lay in wait for me. [The word] וְאָרַב [(Deut. 19:11):“and he lies in wait,”] is translated by the Targum as וּכְמַן Others read in the Targum [not וּכַמַנִי, but] וְחַכְּמַנִי [meaning]: he outwitted me.
ויעקבני: כתרגומו וכמני, ארבני. וארב, וכמן. ויש מתרגמין וחכמני נתחכם לי:
reserved: [אָצַלְתּ] an expression of separation, as in וַיָּאצֶל (“and he separated”) (Num. 11:25). (Other editions read: וַיַּצֵּל (below 31:9). [From Targum Onkelos]
אצלת: לשון הפרשה, כמו (במדבר יא כה) ויאצל:
37. And Isaac answered and said to Esau, "Behold, I made him a master over you, and I gave him all his brothers as servants, and I have sustained him with corn and wine; so for you then, what shall I do, my son?" לז. וַיַּעַן יִצְחָק וַיֹּאמֶר לְעֵשָׂו הֵן גְּבִיר שַׂמְתִּיו לָךְ וְאֶת כָּל אֶחָיו נָתַתִּי לוֹ לַעֲבָדִים וְדָגָן וְתִירשׁ סְמַכְתִּיו וּלְכָה אֵפוֹא מָה אֶעֱשֶׂה בְּנִי:
Behold…a master: This is the seventh blessing [given to Jacob] and yet he puts it first? Rather, he said to him, “What use will a blessing be to you? If you acquire property, it will be his, for I have made him a master over you, and whatever a slave acquires, belongs to his master.” [From Gen. 67:5]
הן גביר: ברכה זו שביעית היא והוא עושה אותה ראשונה, אלא אמר לו מה תועלת לך בברכה, אם תקנה נכסים שלו הם, שהרי גביר שמתיו לך ומה שקנה עבד קנה רבו:
so for you then, what shall I do: Where will I seek for something to do for you?
ולכה אפוא מה אעשה: איה פה אבקש מה לעשות לך:
38. And Esau said to his father, "Have you [but] one blessing, my father? Bless me too, my father." And Esau raised his voice and wept. לח. וַיֹּאמֶר עֵשָׂו אֶל אָבִיו הַבֲרָכָה אַחַת הִוא לְךָ אָבִי בָּרֲכֵנִי גַם אָנִי אָבִי וַיִּשָּׂא עֵשָׂו קֹלוֹ וַיֵּבְךְּ:
Have you [but] one blessing: The“hey” [in הַבִרָכָה] indicates an interrogative expression, as in (Num. 13:19):“are they in open cities (הַבְּמַחֲנַיִם) ?” ;“is it fat (הַשְּׁמֵנָה) ?” ; (II Sam. 3:33):“[Should Abner die] like the death of (הַכְּמוֹת) a wicked man?”
הברכה אחת: ה"א זו משמשת לשון תמיה, כמו (במדבר יג יט) הבמחנים, (במדבר יג כ) השמנה היא, (ש"ב ג לג) הכמות נבל:
39. And his father Isaac answered and said to him, "Behold, your dwelling place shall be the fat places of the earth and of the dew of the heaven from above. לט. וַיַּעַן יִצְחָק אָבִיו וַיֹּאמֶר אֵלָיו הִנֵּה מִשְׁמַנֵּי הָאָרֶץ יִהְיֶה מוֹשָׁבֶךָ וּמִטַּל הַשָּׁמַיִם מֵעָל:
Behold…the fat places of the earth: This is the part of Italy belonging to Greece (from Gen. Rabbah 67:6).
משמני הארץ וגו': זו איטליאה של יון:
40. And you shall live by your sword, and you shall serve your brother, and it will be, when you grieve, that you will break his yoke off your neck." מ. וְעַל חַרְבְּךָ תִחְיֶה וְאֶת אָחִיךָ תַּעֲבֹד וְהָיָה כַּאֲשֶׁר תָּרִיד וּפָרַקְתָּ עֻלּוֹ מֵעַל צַוָּארֶךָ:
And…by your sword: וְעַל חַרְבְּ is the same as בְּחַרְבְּ [by your sword]. Sometimes עַל takes the place of the letter “beth,” as in (Ezek. 33:26);“You stood by your sword (עַל חַרְבְּכֶם),” [which is the same as] בְּחַרְבְּכֶם (Exod. 6:26);“by their hosts (עַל צִבְאוֹתָם)” [is the same as] בְּצִבְאוֹתָם.
ועל חרבך: כמו בחרבך, יש על שהוא במקום אות ב', כמו (יחזקאל לג כו) עמדתם על חרבכם בחרבכם, (שמות ו כו) על צבאותם בצבאותם:
and it will be, when you grieve: [תָּרִיד] is an expression of pain, as in (Ps. 55:3):“I will lament (אָרִיד) in my speech” ; i.e., when the Israelites will transgress the Torah, and you will have cause to grieve about the blessings that he took, “you will break his yoke,” etc. [From Targum Onkelos]
והיה כאשר תריד: לשון צער, כמו (תהלים נה ג) אריד בשיחי, כלומר כשיעברו ישראל את התורה, ויהיה לך פתחון פה להצטער על הברכות שנטל, ופרקת עלו וגו':
41. And Esau hated Jacob because of the blessing that his father had blessed him, and Esau said to himself, "Let the days of mourning for my father draw near, I will then kill my brother Jacob. " מא. וַיִּשְׂטֹם עֵשָׂו אֶת יַעֲקֹב עַל הַבְּרָכָה אֲשֶׁר בֵּרֲכוֹ אָבִיו וַיֹּאמֶר עֵשָׂו בְּלִבּוֹ יִקְרְבוּ יְמֵי אֵבֶל אָבִי וְאַהַרְגָה אֶת יַעֲקֹב אָחִי:
Let the days of mourning for my father draw near: As its apparent meaning,“that I should not grieve my father,” and there are various Midrashic explanations.
יקרבו ימי אבל אבי: כמשמעו, שלא אצער את אבא. ומדרש אגדה לכמה פנים יש:
42. And Rebecca was told of the words of Esau, her elder son, and she sent and called Jacob, her younger son, and she said to him, "Behold, your brother Esau regrets [his relationship] to you [and wishes] to kill you. מב. וַיֻּגַּד לְרִבְקָה אֶת דִּבְרֵי עֵשָׂו בְּנָהּ הַגָּדֹל וַתִּשְׁלַח וַתִּקְרָא לְיַעֲקֹב בְּנָהּ הַקָּטָן וַתֹּאמֶר אֵלָיו הִנֵּה עֵשָׂו אָחִיךָ מִתְנַחֵם לְךָ לְהָרְגֶךָ:
And Rebecca was told of: She was told by Divine Inspiration what Esau was thinking in his heart. [From Gen. Rabbah 67:9]
ויגד לרבקה: ברוח הקודש הוגד לה מה שעשו מהרהר בלבו:
regrets [his relationship] to you: Heb. מִתְנַחֵם. He regrets the brotherly relationship, to consider other [than brotherly] thoughts, to behave towards you as a stranger and to kill you. The Midrash Aggadah (Gen. Rabbah 67:9), however, explains [it as an expression of consolation]: In his eyes, you are already dead, and he has drunk a cup of consolation [a cup of wine customarily drunk in the house of mourning] over you. But according to its simple meaning, it is an expression of consolation. By killing you he consoles himself about [losing] the blessings (Tanchuam Buber, Vayetzei 1).
מתנחם לך: נחם על האחוה לחשוב מחשבה אחרת להתנכר לך ולהרגך. ומדרש אגדה כבר אתה מת בעיניו ושתה עליך כוס של תנחומים. ולפי פשוטו לשון תנחומים, מתנחם הוא על הברכות בהריגתך:
43. And now, my son, hearken to my voice, and arise, flee to my brother Laban, to Haran. מג. וְעַתָּה בְנִי שְׁמַע בְּקֹלִי וְקוּם בְּרַח לְךָ אֶל לָבָן אָחִי חָרָנָה:
44. And you shall dwell with him for a few days until your brother's wrath has subsided. מד. וְיָשַׁבְתָּ עִמּוֹ יָמִים אֲחָדִים עַד אֲשֶׁר תָּשׁוּב חֲמַת אָחִיךָ:
a few days: Heb. אִחָדִים, few.
אחדים: מועטים:
45. Until your brother's rage subsides from you, and he forgets what you did to him, and I will send and bring you from there. Why should I be bereft of both of you on one day?" מה. עַד שׁוּב אַף אָחִיךָ מִמְּךָ וְשָׁכַח אֵת אֲשֶׁר עָשִׂיתָ לּוֹ וְשָׁלַחְתִּי וּלְקַחְתִּיךָ מִשָּׁם לָמָה אֶשְׁכַּל גַּם שְׁנֵיכֶם יוֹם אֶחָד:
Why should I be bereft: Heb. אֶשְׁכַּל. I will be bereft of both of you. [This teaches that] one who buries his children is called שָׁכוּל, bereft. And so, concerning Jacob, it is said (below 43:14):“As I am bereft (שָׁכֹלְתִּי), I shall be bereft (שָׁכָלְתּי).”
למה אשכל: אהיה שכולה משניכם. הקובר את בניו קרוי שכול. וכן ביעקב אמר (להלן מג יד) כאשר שכלתי שכלתי:
of both of you: If he rises up against you and you kill him, his sons will rise up and kill you. And the Divine Spirit poured itself upon her and she prophesied that they would die on the same day, as is delineated in the chapter entitled הַמְּקַנֵּא לְאִשְׁתּוֹ (Sotah 13a).
גם שניכם: אם יקום עליך ואתה תהרגנו יעמדו בניו ויהרגוך, ורוח הקדש נזרקה בה ונתנבאה שביום אחד ימותו, כמו שמפורש בפרק המקנא לאשתו (סוטה יג א):
46. And Rebecca said to Isaac, "I am disgusted with my life because of the daughters of Heth. If Jacob takes a wife of the daughters of Heth like these, from the daughters of the land, of what use is life to me?" מו. וַתֹּאמֶר רִבְקָה אֶל יִצְחָק קַצְתִּי בְחַיַּי מִפְּנֵי בְּנוֹת חֵת אִם לֹקֵחַ יַעֲקֹב אִשָּׁה מִבְּנוֹת חֵת כָּאֵלֶּה מִבְּנוֹת הָאָרֶץ לָמָּה לִּי חַיִּים:
I am disgusted with my life: Heb. קַצְתִּי, I am disgusted with my life.
קצתי בחיי: מאסתי בחיי:
Chapter 28
1. And Isaac called Jacob and blessed him, and he commanded him and said to him, "You shall not take a wife of the daughters of Canaan. א. וַיִּקְרָא יִצְחָק אֶל יַעֲקֹב וַיְבָרֶךְ אֹתוֹ וַיְצַוֵּהוּ וַיֹּאמֶר לוֹ לֹא תִקַּח אִשָּׁה מִבְּנוֹת כְּנָעַן:
2. Arise, go to Padan aram, to the house of Bethuel, your mother's father, and take yourself from there a wife of the daughters of Laban, your mother's brother. ב. קוּם לֵךְ פַּדֶּנָה אֲרָם בֵּיתָה בְתוּאֵל אֲבִי אִמֶּךָ וְקַח לְךָ מִשָּׁם אִשָּׁה מִבְּנוֹת לָבָן אֲחִי אִמֶּךָ:
to Padan: Heb. פַּדֶּנָה like לְפַדָּן. [From Targum Onkelos]
פדנה: כמו לפדן:
to the house of Bethuel: Heb. בֵּיתָה to the house of (לְבֵית) Bethuel [Targum Onkelos]. Any word that requires a “lamed” at the beginning may take a“hey” at the end instead. [From Yev. 13b] 3.
ביתה בתואל: לבית בתואל. כל תיבה שצריכה למ"ד בתחלתה הטיל לה ה"א בסופה:
3. And may the Almighty God bless you and make you fruitful and multiply you, and you shall become an assembly of peoples. ג. וְאֵל שַׁדַּי יְבָרֵךְ אֹתְךָ וְיַפְרְךָ וְיַרְבֶּךָ וְהָיִיתָ לִקְהַל עַמִּים:
And…the Almighty God: Heb. שַׁדַּי. May He Who has enough (שֶׁדָּי) blessings for those who are blessed from His mouth, bless you.
ואל שדי: מי שדי בברכותיו למתברכין מפיו יברך אותך:
4. And may He give you the blessing of Abraham, to you and to your seed with you, that you may inherit the land of your sojournings, which God gave to Abraham." ד. וְיִתֶּן לְךָ אֶת בִּרְכַּת אַבְרָהָם לְךָ וּלְזַרְעֲךָ אִתָּךְ לְרִשְׁתְּךָ אֶת אֶרֶץ מְגֻרֶיךָ אֲשֶׁר נָתַן אֱלֹהִים לְאַבְרָהָם:
the blessing of Abraham: that He said to him (above 12:2): “And I will make you into a great nation” ; (above 22:18): “[And all the nations of the world] will bless themselves with your seed.” May those aforementioned blessings be for you. May that nation and that blessed seed emanate from you. [From Tanchuma, Vezoth Haberachah 1]
את ברכת אברהם: שאמר לו (לעיל יב ב) ואעשך לגוי גדול, (שם כב יח) והתברכו בזרעך. יהיו אותן ברכות האמורות בשבילך, ממך יצא אותו הגוי ואותו הזרע המבורך:
Chumash: Parshat Toldot, 7th Portion (Genesis 28:5-28:9) with Rashi
Chapter 28
5. And Isaac sent Jacob, and he went to Padan aram, to Laban the son of Bethuel the Aramean, the brother of Rebecca, the mother of Jacob and Esau. ה. וַיִּשְׁלַח יִצְחָק אֶת יַעֲקֹב וַיֵּלֶךְ פַּדֶּנָה אֲרָם אֶל לָבָן בֶּן בְּתוּאֵל הָאֲרַמִּי אֲחִי רִבְקָה אֵם יַעֲקֹב וְעֵשָׂו:
the mother of Jacob and Esau: I do not know what this teaches us. [I.e., We already know from the narrative that Rebecca was their mother.]
אם יעקב ועשו: איני יודע מה מלמדנו:
6. And Esau saw that Isaac had blessed Jacob and sent him away to Padan aram, to take himself a wife from there, and that when he blessed him, he commanded him, saying, "You shall not take a wife of the daughters of Canaan." ו. וַיַּרְא עֵשָׂו כִּי בֵרַךְ יִצְחָק אֶת יַעֲקֹב וְשִׁלַּח אֹתוֹ פַּדֶּנָה אֲרָם לָקַחַת לוֹ מִשָּׁם אִשָּׁה בְּבָרֲכוֹ אֹתוֹ וַיְצַו עָלָיו לֵאמֹר לֹא תִקַּח אִשָּׁה מִבְּנוֹת כְּנָעַן:
7. And Jacob listened to his father and his mother, and he went to Padan aram. ז. וַיִּשְׁמַע יַעֲקֹב אֶל אָבִיו וְאֶל אִמּוֹ וַיֵּלֶךְ פַּדֶּנָה אֲרָם:
And Jacob listened: This is connected to the aforementioned topic: When Esau saw that Isaac had blessed [Jacob] and that he had sent him off to Padan-aram, and that Jacob listened to his father and went to Padan-aram, and that the daughters of Canaan were displeasing [to his father], then he, too, went to Ishmael.
וישמע יעקב: מחובר לענין של מעלה וירא עשו כי ברך יצחק וגו' וכי שלח אותו פדנה ארם, וכי שמע יעקב אל אביו והלך פדנה ארם וכי רעות בנות כנען, והלך גם הוא אל ישמעאל:
8. And Esau saw that the daughters of Canaan were displeasing to his father Isaac. ח. וַיַּרְא עֵשָׂו כִּי רָעוֹת בְּנוֹת כְּנָעַן בְּעֵינֵי יִצְחָק אָבִיו:
9. So Esau went to Ishmael, and he took Mahalath, the daughter of Ishmael, the son of Abraham, the sister of Nebaioth, in addition to his other wives as a wife. ט. וַיֵּלֶךְ עֵשָׂו אֶל יִשְׁמָעֵאל וַיִּקַּח אֶת מָחֲלַת | בַּת יִשְׁמָעֵאל בֶּן אַבְרָהָם אֲחוֹת נְבָיוֹת עַל נָשָׁיו לוֹ לְאִשָּׁה:
the sister of Nebaioth: Since it says, “the daughter of Ishmael,” do I not know that she was the sister of Nebaioth? But this teaches us that Ishmael died after he had betrothed her to Esau, before her marriage, and her brother Nebaioth gave her hand in marriage. This also teaches us that Jacob was sixty-three years old at that time, for Ishmael was seventy-four years old when Jacob was born. Ishmael was fourteen years older than Isaac, and Isaac was sixty years old when they were born, hence [Ishmael was] seventy-four. He lived one hundred and thirty seven years, as it is stated (above 25:17): “and these are the years of the life of Ishmael,” etc. Consequently, Jacob was sixty-three at Ishmael’s death. We learn from here that he hid for fourteen years in the house of Eber and afterwards went to Haran. [This can be deduced from the fact that] he stayed in Laban’s house before Joseph’s birth only fourteen years, as it is said (below 31:41): “I worked for you fourteen years for your two daughters and six years for your sheep,” and the payment for the sheep took place after Joseph was born, as it is said (below 30:25): “And it came to pass when Rachel had given birth to Joseph, etc.,” and Joseph was thirty years old when he became ruler, and from then until Jacob descended to Egypt were nine years: seven of plenty and two of famine. And Jacob said to Pharaoh (below 47:9): “The days of the years of my sojournings are one hundred and thirty years.” Go forth and figure 14 years before Joseph was born, plus the 30 years of Joseph’s age, plus the 9 years from the time he became ruler until Jacob came. The total is 53. And when he [Jacob] left his father, he was 63, totaling 116. Yet he said [to Pharaoh, “I am] one hundred and thirty years old.” Hence, there are fourteen years missing. Thus, you learn that after he had received the blessings, he hid in the house of Eber for fourteen years. [From Meg. 17:1] (However, he was not punished [for these fourteen years] because of the merit [of having studied] Torah, for Joseph was separated from his father only twenty-two years, i.e., from age seventeen until age thirty-nine, corresponding to the twenty-two years that Jacob was separated from his father [when] he did not honor him. These are the twenty years in Laban’s house, plus the two years that he spent traveling [home], as it is written (below 33:17): “And he built himself a house, and for his cattle he made booths.” Our Rabbis of Blessed Memory inferred from this verse that he spent eighteen months on the road, for the house was for the rainy season, and the booths were for the summer. And, according to the calculation of the verses, which we calculated above, from the time he left his father until he went down to Egypt, at the age of one hundred and thirty, we find an additional fourteen years, therefore, it is certain that he hid in the house of Eber to learn Torah while on his way to the house of Laban. And because of the merit of the Torah, he was not punished for them [those fourteen years], and Joseph was separated from him for only twenty-two years-measure for measure. The above is from an old Rashi text).
אחות נביות: ממשמע שנאמר (לעיל כה יג) בת ישמעאל איני יודע שהיא אחות נביות, אלא למדנו שמת ישמעאל משיעדה לעשו קודם נשואיה והשיאה נביות אחיה. ולמדנו שהיה יעקב באותו הפרק בן ששים ושלש שנים, שהרי ישמעאל בן שבעים וארבע שנים היה כשנולד יעקב, ארבע עשרה שנה היה גדול ישמעאל מיצחק, ויצחק בן ששים שנה בלדת אותם הרי שבעים וארבע, ושנותיו היו מאה שלושים ושבע, שנאמר (שם יז) ואלה שני חיי ישמעאל וגו', נמצא יעקב כשמת ישמעאל בן ששים ושלש שנים היה, ולמדנו מכאן שנטמן בבית עבר ארבע עשרה שנה ואחר כך הלך לחרן, שהרי לא שהה בבית לבן שלפני לידתו של יוסף אלא ארבע עשרה שנה, שנאמר (שם לא מא) עבדתיך ארבע עשרה שנה בשתי בנותיך ושש שנים בצאנך ושכר הצאן משנולד יוסף היה, שנאמר (שם ל כה) ויהי כאשר ילדה רחל את יוסף וגו', ויוסף בן שלשים שנה היה כשמלך, ומשם עד שירד יעקב למצרים תשע שנים, שבע של שובע ושתיים של רעב, ויעקב אמר לפרעה (שם מז ט) ימי שני מגורי שלשים ומאת שנה. צא וחשוב ארבע עשרה שלפני לידת יוסף, ושלשים של יוסף, ותשע משמלך עד שבא יעקב הרי חמשים ושלש, וכשפירש מאביו היה בן ששים ושלש הרי מאה ושש עשרה, והוא אומר שלשים ומאת שנה, הרי חסרים ארבע עשרה שנים הא למדת שאחר שקבל הברכות נטמן בבית עבר ארבע עשרה שנים. (אבל לא נענש עליהם בזכות התורה, שהרי לא פירש יוסף מאביו אלא עשרים ושתים שנה דהיינו משבע עשרה עד שלשים ותשע כנגד עשרים ושתים שפירש יעקב מאביו ולא כבדו, והם עשרים שנים בבית לבן, ושתי שנים ששהה בדרך, כדכתיב (להלן לג יז) ויבן לו בית ולמקנהו עשה סכות, ופירשו רבותינו ז"ל מזה הפסוק ששהה שמונה עשר חדשים בדרך, דבית הוה בימות הגשמים וסכות הוה בימות החמה, ולחשבון הפסוקים שחשבנו לעיל משפירש מאביו עד שירד למצרים שהיה בן מאה שלשים שנים, שם אנו מוצאים עוד ארבע עשרה שנים, אלא ודאי נטמן בבית עבר בהליכתו לבית לבן ללמוד תורה ממנו, ובשביל זכות התורה לא נענש עליהם ולא פירש יוסף ממנו אלא עשרים ושתים שנה, מדה כנגד מדה):
to his other wives: He added wickedness upon his wickedness, for he did not divorce the first ones. [From Gen. Rabbah 67:13]
על נשיו: הוסיף רשעה על רשעתו, שלא גירש את הראשונות:
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Daily Tehillim: Psalms Chapter 119, Verses 97-176
• Verses 97-176
97. O how I love Your Torah! All day it is my discussion.
98. Your commandments make me wiser than my enemies, for they are ever with me.
99. From all my teachers I have gained wisdom, for Your testimonies are my discussion.
100. I will be more perceptive than elders, because I have guarded Your precepts.
101. I have restrained my feet from every evil path, that I might keep Your word.
102. I have not turned away from Your judgments, for You have instructed me.
103. How sweet are Your words to my palate, [sweeter] than honey to my mouth!
104. From Your precepts I gain understanding, therefore I hate every path of falsehood.
105. Your word is a lamp to my feet and a light to my path.
106. I have sworn-and I will fulfill it-to keep Your righteous judgments.
107. I am afflicted to the extreme; grant me life, O Lord, according to Your promise.
108. Accept with favor, O Lord, the offerings of my lips, and teach me Your laws.
109. My soul is in danger always, yet I have not forgotten Your Torah.
110. The wicked laid a snare for me, yet I have not strayed from Your precepts.
111. I have taken Your testimonies as an eternal heritage, for they are the joy of my heart.
112. I have inclined my heart to perform Your statutes, forever, to the last.
113. I despise vain thoughts, but I love Your Torah.
114. You are my refuge and my shield; I place hope in Your promise.
115. Turn away from me, you evildoers, and I will keep the commandments of my God.
116. Support me according to Your promise, and I will live; let me not be shamed because of my hope.
117. Sustain me, and I will be saved, and I will be engrossed in Your statutes always.
118. You trample all who stray from Your statutes, for their ploy is a lie.
119. You have purged all the wicked of the earth like dross, therefore I love Your testimonies.
120. My flesh bristles from fear of You, and I am in awe of Your judgments.
121. I practiced justice and righteousness; leave me not to my oppressors.
122. Guarantee Your servant goodness; let not the wicked exploit me.
123. My eyes long for Your salvation, and for the word of Your righteousness.
124. Treat Your servant according to Your kindness, and teach me Your statutes.
125. I am Your servant; grant me understanding, that I may know Your testimonies.
126. It is time to act for the Lord; they have abrogated Your Torah.
127. Therefore I love Your commandments more than gold, even fine gold.
128. Therefore I affirmed all Your precepts; I have hated every path of falsehood.
129. Your testimonies are wondrous, therefore does my soul guard them.
130. Your opening words illuminate, enlightening the simple.
131. I opened my mouth and swallowed, because I craved Your commandments.
132. Turn to me and favor me, as is [Your] law for those who love Your Name.
133. Set my steps in Your word, and let no iniquity rule over me.
134. Deliver me from the oppression of man, and I will keep Your precepts.
135. Let Your face shine upon Your servant, and teach me Your statutes.
136. My eyes shed streams of water, because they do not keep Your Torah.
137. Righteous are you, O Lord, and Your judgments are upright.
138. You commanded Your testimonies in righteousness and great faithfulness.
139. My zeal consumes me, because my enemies have forgotten Your words.
140. Your word is very pure, and Your servant cherishes it.
141. I am young and despised, yet I do not forget Your precepts.
142. Your righteousness is an everlasting righteousness, and Your Torah is truth.
143. Trouble and anguish have taken hold of me, yet Your commandments are my delight.
144. Your testimonies are righteous forever; give me understanding, that I may live.
145. I call out with all my heart; answer me, O Lord; I will keep Your statutes.
146. I call out to You; save me, and I will observe Your testimonies.
147. I rose before dawn and cried out; my hope is in Your word.
148. My eyes preceded the night watches, that I may discuss Your word.
149. Hear my voice in keeping with Your kindness; O Lord, grant me life as is Your practice.
150. Those who pursue mischief draw near; they are far from Your Torah.
151. You are near, O Lord, and all Your commandments are truth.
152. From the beginning I discerned from Your testimonies that You had established them forever.
153. Behold my affliction and deliver me, for I have not forgotten Your Torah.
154. Wage my battle and redeem me; grant me life for the sake of Your word.
155. Salvation is far from the wicked, for they seek not Your statutes.
156. Your mercies are great, O Lord; grant me life as is Your practice.
157. My pursuers and my enemies are many, yet I did not turn away from Your testimonies.
158. I saw traitors and I quarreled with them, because they do not keep Your words.
159. Behold how I love Your precepts; grant me life, O Lord, according to Your kindness.
160. The beginning of Your word is truth, and forever are all Your righteous judgements.
161. Princes have pursued me without cause, but it is Your word my heart fears.
162. I rejoice at Your word, like one who finds abundant spoil.
163. I hate falsehood and abhor it, but Your Torah I love.
164. Seven times a day I praise You, because of Your righteous judgments.
165. There is abundant peace for those who love Your Torah, and there is no stumbling for them.
166. I hoped for Your salvation, O Lord, and I performed Your commandments.
167. My soul has kept Your testimonies, and I love them intensely.
168. I have kept Your precepts and Your testimonies, for all my ways are before You
169. Let my prayer approach Your presence, O Lord; grant me understanding according to Your word.
170. Let my supplication come before You; save me according to Your promise.
171. My lips will utter praise, for You have taught me Your statutes.
172. My tongue will echo Your word, for all Your commandments are just.
173. Let Your hand be ready to help me, for I have chosen Your precepts.
174. I long for Your salvation, O Lord, and Your Torah is my delight.
175. Let my soul live, and it will praise You, and let Your judgment help me.
176. I have gone astray like a lost sheep; seek out Your servant, for I have not forgotten Your commandments.
Daily Tehillim: Psalms Chapters 120 - 134
Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
Daily Tehillim: Psalms Chapters 135-139
Chapter 135
1. Praise the Lord! Praise the Name of the Lord; offer praise, you servants of the Lord-
2. who stand in the House of the Lord, in the courtyards of the House of our God.
3. Praise the Lord, for the Lord is good; sing to His Name, for He is pleasant.
4. For God has chosen Jacob for Himself, Israel as His beloved treasure.
5. For I know that the Lord is great, our Master is greater than all supernal beings.
6. All that the Lord desired He has done, in the heavens and on earth, in the seas and the depths.
7. He causes mists to rise from the ends of the earth; He makes lightning for the rain; He brings forth the wind from His vaults.
8. It was He who struck down the firstborn of Egypt, of man and beast.
9. He sent signs and wonders into the midst of Egypt, on Pharaoh and on all his servants.
10. It was He who struck down many nations, and slew mighty kings:
11. Sichon, king of the Amorites; Og, king of Bashan; and all the kingdoms of Canaan.
12. And He gave their lands as a heritage, a heritage to His people Israel.
13. Lord, Your Name is forever; Lord, Your remembrance is throughout all generations.
14. Indeed, the Lord will judge on behalf of His people, and have compassion on His servants.
15. The idols of the nations are silver and gold, the product of human hands.
16. They have a mouth, but cannot speak; they have eyes, but cannot see;
17. they have ears, but cannot hear; nor is there breath in their mouth.
18. Like them will their makers become-all who trust in them.
19. House of Israel, bless the Lord; House of Aaron, bless the Lord;
20. House of Levi, bless the Lord; you who fear the Lord, bless the Lord.
21. Blessed is the Lord from Zion, who dwells in Jerusalem. Praise the Lord!
Chapter 136
This psalm contains twenty-six verses, corresponding to the twenty-six generations between the creation of the world and the giving of the Torah.
1. Praise the Lord for He is good, for His kindness is forever.
2. Praise the God of the supernal beings, for His kindness is forever.
3. Praise the Master of the heavenly hosts, for His kindness is forever.
4. Who alone performs great wonders, for His kindness is forever.
5. Who makes the heavens with understanding, for His kindness is forever.
6. Who spreads forth the earth above the waters, for His kindness is forever.
7. Who makes the great lights, for His kindness is forever.
8. The sun to rule by day, for His kindness is forever.
9. The moon and stars to rule by night, for His kindness is forever.
10. Who struck Egypt through its firstborn, for His kindness is forever.
11. And brought Israel out of their midst, for His kindness is forever.
12. With a strong hand and with an outstretched arm, for His kindness is forever.
13. Who split the Sea of Reeds into sections, for His kindness is forever.
14. And brought Israel across it, for His kindness is forever.
15. And cast Pharaoh and his army into the Sea of Reeds, for His kindness is forever.
16. Who led His people through the desert, for His kindness is forever;
17. Who struck down great kings, for His kindness is forever.
18. And slew mighty kings, for His kindness is forever.
19. Sichon, king of the Amorites, for His kindness is forever.
20. And Og, king of Bashan, for His kindness is forever.
21. And gave their land as a heritage, for His kindness is forever.
22. A heritage to Israel His servant, for His kindness is forever.
23. Who remembered us in our humiliation, for His kindness is forever.
24. And redeemed us from our oppressors, for His kindness is forever.
25. Who gives food to all flesh, for His kindness is forever.
26. Praise the God of heaven, for His kindness is forever.
Chapter 137
Referring to the time of the destruction of the Temple, this psalm tells of when Nebuchadnezzar would ask the Levites to sing in captivity as they had in the Temple, to which they would reply, "How can we sing the song of God upon alien soil?" They were then comforted by Divine inspiration.
1. By the rivers of Babylon, there we sat and wept as we remembered Zion.
2. There, upon the willows, we hung our harps.
3. For there our captors demanded of us songs, and those who scorned us-rejoicing, [saying,] "Sing to us of the songs of Zion.”
4. How can we sing the song of the Lord on alien soil?
5. If I forget you, Jerusalem, let my right hand forget [its dexterity].
6. Let my tongue cleave to my palate if I will not remember you, if I will not bring to mind Jerusalem during my greatest joy!
7. Remember, O Lord, against the Edomites the day of [the destruction of] Jerusalem, when they said, "Raze it, raze it to its very foundation!”
8. O Babylon, who is destined to be laid waste, happy is he who will repay you in retribution for what you have inflicted on us.
9. Happy is he who will seize and crush your infants against the rock!
Chapter 138
David offers awesome praises to God for His kindness to him, and for fulfilling His promise to grant him kingship.
1. By David. I will thank You with all my heart, in the presence of princes I shall praise You.
2. I will bow toward Your Holy Sanctuary, and praise Your Name for Your kindness and for Your truth; for You have exalted Your word above all Your Names.
3. On the day that I called out You answered me, You emboldened me, [You put] strength in my soul.
4. Lord, all the kings of the land will give thanks to You when they hear the words of Your mouth.
5. And they will sing of the Lord's ways, for the glory of the Lord is great.
6. For though the Lord is exalted, He sees the lowly; the High One castigates from afar.
7. If I walk in the midst of distress, keep me alive; against the wrath of my enemies stretch out Your hand, and let Your right hand deliver me.
8. Lord, complete [Your kindness] on my behalf. Lord, Your kindness is forever, do not forsake the work of Your hands.
Chapter 139
A most prominent psalm that guides man in the ways of God as no other in all of the five books of Tehillim. Fortunate is he who recites it daily.
1. For the Conductor, by David, a psalm. O Lord, You have probed me, and You know.
2. You know my sitting down and my standing up; You perceive my thought from afar.
3. You encircle my going about and my lying down; You are familiar with all my paths.
4. For there was not yet a word on my tongue-and behold, Lord, You knew it all.
5. You have besieged me front and back, You have laid Your hand upon me.
6. Knowledge [to escape You] is beyond me; it is exalted, I cannot know it.
7. Where can I go [to escape] Your spirit? And where can I flee from Your presence?
8. If I ascend to the heavens, You are there; if I make my bed in the grave, behold, You are there.
9. Were I to take up wings as the dawn and dwell in the furthest part of the sea,
10. there, too, Your hand would guide me; Your right hand would hold me.
11. Were I to say, "Surely the darkness will shadow me," then the night would be as light around me.
12. Even the darkness obscures nothing from You; and the night shines like the day-the darkness is as light.
13. For You created my mind; You covered me in my mother's womb.
14. I will thank You, for I was formed in an awesome and wondrous way; unfathomable are Your works, though my soul perceives much.
15. My essence was not hidden from You even while I was born in concealment, formed in the depths of the earth.
16. Your eyes beheld my raw form; all [happenings] are inscribed in Your book, even those to be formed in future days-to Him they are the same.
17. How precious are Your thoughts to me, O God! How overwhelming, [even] their beginnings!
18. Were I to count them, they would outnumber the sand, even if I were to remain awake and always with You.
19. O that You would slay the wicked, O God, and men of blood [to whom I say], "Depart from me!”
20. They exalt You for wicked schemes, Your enemies raise [You] for falsehood.
21. Indeed, I hate those who hate You, Lord; I contend with those who rise up against You.
22. I hate them with the utmost hatred; I regard them as my own enemies.
23. Search me, Lord, and know my heart; test me and know my thoughts.
24. See if there is a vexing way in me, then lead me in the way of the world.
Daily Tehillim: Psalms Chapters 140-150
Chapter 140
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
Chapter 145
One who recites this psalm three times daily with absolute concentration is guaranteed a portion in the World to Come. Because of its prominence, this psalm was composed in alphabetical sequence.
1. A psalm of praise by David: I will exalt You, my God the King, and bless Your Name forever.
2. Every day I will bless You, and extol Your Name forever.
3. The Lord is great and exceedingly exalted; there is no limit to His greatness.
4. One generation to another will laud Your works, and tell of Your mighty acts.
5. I will speak of the splendor of Your glorious majesty and of Your wondrous deeds.
6. They will proclaim the might of Your awesome acts, and I will recount Your greatness.
7. They will express the remembrance of Your abounding goodness, and sing of Your righteousness.
8. The Lord is gracious and compassionate, slow to anger and of great kindness.
9. The Lord is good to all, and His mercies extend over all His works.
10. Lord, all Your works will give thanks to You, and Your pious ones will bless You.
11. They will declare the glory of Your kingdom, and tell of Your strength,
12. to make known to men His mighty acts, and the glorious majesty of His kingdom.
13. Your kingship is a kingship over all worlds, and Your dominion is throughout all generations.
14. The Lord supports all who fall, and straightens all who are bent.
15. The eyes of all look expectantly to You, and You give them their food at the proper time.
16. You open Your hand and satisfy the desire of every living thing.
17. The Lord is righteous in all His ways, and benevolent in all His deeds.
18. The Lord is close to all who call upon Him, to all who call upon Him in truth.
19. He fulfills the desire of those who fear Him, hears their cry and delivers them.
20. The Lord watches over all who love Him, and will destroy all the wicked.
21. My mouth will utter the praise of the Lord, and let all flesh bless His holy Name forever.
Chapter 146
This psalm inspires man to repent and perform good deeds while still alive. Let him not rely on mortals who are unable to help themselves, and who may suddenly pass on. Rather, one should put his trust in God, Who is capable of carrying out all He desires.
1. Praise the Lord! Praise the Lord, O my soul.
2. I will sing to the Lord with my soul; I will chant praises to my God while I yet exist.
3. Do not place your trust in nobles, nor in mortal man who has not the ability to bring deliverance.
4. When his spirit departs, he returns to his earth; on that very day, his plans come to naught.
5. Fortunate is he whose help is the God of Jacob, whose hope rests upon the Lord his God.
6. He makes the heavens, the earth, the sea, and all that is in them; He keeps His promise faithfully forever.
7. He renders justice to the oppressed; He gives food to the hungry; the Lord releases those who are bound.
8. The Lord opens the eyes of the blind; the Lord straightens those who are bowed; the Lord loves the righteous.
9. The Lord watches over the strangers; He gives strength to orphan and widow; He thwarts the way of the wicked.
10. The Lord shall reign forever, your God, O Zion, throughout all generations. Praise the Lord!
Chapter 147
This psalm recounts God's greatness, and His kindness and goodness to His creations.
1. Praise the Lord! Sing to our God for He is good; praise befits Him for He is pleasant.
2. The Lord is the rebuilder of Jerusalem; He will gather the banished of Israel.
3. He heals the broken-hearted, and bandages their wounds.
4. He counts the number of the stars; He gives a name to each of them.
5. Great is our Master and abounding in might; His understanding is beyond reckoning.
6. The Lord strengthens the humble; He casts the wicked to the ground.
7. Lift your voices to the Lord in gratitude; sing to our God with the harp.
8. He covers the heaven with clouds; He prepares rain for the earth, and makes grass grow upon the mountains.
9. He gives the animal its food, to the young ravens which cry to Him.
10. He does not desire [those who place their trust in] the strength of the horse, nor does He want those who rely upon the thighs [swiftness] of man.
11. He desires those who fear Him, those who long for His kindness.
12. Praise the Lord, O Jerusalem; Zion, extol your God.
13. For He has strengthened the bolts of your gates; He has blessed your children in your midst.
14. He has made peace within your borders; He satiates you with the finest of wheat.
15. He issues His command to the earth; swiftly does His word run.
16. He dispenses snow like fleece; He scatters frost like ashes.
17. He hurls His ice like morsels; who can withstand His cold?
18. He sends forth His word and melts them; He causes His wind to blow, and the waters flow.
19. He tells His words [Torah] to Jacob, His statutes and ordinances to Israel.
20. He has not done so for other nations, and they do not know [His] ordinances. Praise the Lord!
Chapter 148
The psalmist inspires one to praise God for His creations-above and below-all of which exist by God's might alone.
1. Praise the Lord! Praise the Lord from the heavens; praise Him in the celestial heights.
2. Praise Him, all His angels; praise Him, all His hosts.
3. Praise Him, sun and moon; praise Him, all the shining stars.
4. Praise Him, hea-ven of heavens, and the waters that are above the heavens.
5. Let them praise the Name of the Lord, for He comman-ded and they were created.
6. He has established them forever, for all time; He issued a decree, and it shall not be transgressed.
7. Praise the Lord from the earth, sea-monsters and all [that dwell in] the depths;
8. fire and hail, snow and vapor, stormy wind carrying out His command;
9. the mountains and all hills, fruit-bearing trees and all cedars;
10. the beasts and all cattle, creeping things and winged fowl;
11. kings of the earth and all nations, rulers and all judges of the land;
12. young men as well as maidens, elders with young lads.
13. Let them praise the Name of the Lord, for His Name is sublime, to Himself; its radiance [alone] is upon earth and heaven.
14. He shall raise the glory of His people, [increase] the praise of all His pious ones, the Children of Israel, the people close to Him. Praise the Lord!
Chapter 149
1. Praise the Lord! Sing to the Lord a new song, [recount] His praise in the assembly of the pious.
2. Israel will rejoice in its Maker; the children of Zion will delight in their King.
3. They will praise His Name with dancing; they will sing to Him with the drum and harp.
4. For the Lord desires His people; He will adorn the humble with salvation.
5. The pious will exult in glory; they will sing upon their beds.
6. The exaltation of God is in their throat, and a double-edged sword in their hand,
7. to bring retribution upon the nations, punishment upon the peoples;
8. to bind their kings with chains, and their nobles with iron fetters;
9. to execute upon them the prescribed judgment; it shall be a glory for all His pious ones. Praise the Lord!
Chapter 150
This psalm contains thirteen praises, alluding to the Thirteen Attributes (of Mercy) with which God conducts the world.
1. Praise the Lord! Praise God in His holiness; praise Him in the firmament of His strength.
2. Praise Him for His mighty acts; praise Him according to His abundant greatness.
3. Praise Him with the call of the shofar; praise Him with harp and lyre.
4. Praise Him with timbrel and dance; praise Him with stringed instruments and flute.
5. Praise Him with resounding cymbals; praise Him with clanging cymbals.
6. Let every soul praise the Lord. Praise the Lord!
____________________________
Tanya: Kuntres Acharon, Essay 1 & Kuntres Acharon, Essay 2 & Kuntres Acharon, beginning of Essay 3 & Kuntres Acharon, end of Essay 3
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, 26 & Thursday, 27 & Friday, 21 & Shabbat 29 Cheshvan 5775 • 19 & 20 & 21 & 22 November 2014
Kuntres Acharon, Essay 1
Kuntres Acharon, Essay One
The contents of this Kuntres Acharon al Kamah Perakim (“Later Booklet on Several Chapters”) are not near as homoeneous as one might expect.
The ninth printing1 of the Tanya, which included Iggeret HaKodesh and Kuntres Acharon for the second time, was introduced by an “Approbation of the ... sons of the illustrious author.”2 This Approbation describes Kuntres Acharon as a work based “on certain chapters, which he wrote when he composed the Sefer Likutei Amarim” (i.e., the first part of Tanya). It is described as consisting of “profound discussions and insights in passages in the Zohar, Etz Chayim and Pri Etz Chayim, which appear to contradict one another, and in his understanding spirit [the Alter Rebbe] resolves each passage according to its context as explained in Likutei Amarim.”
As the Rebbe notes, however, close to half of the essays printed in current editions under the heading of Kuntres Acharon, beginning with Essay 6, appear to be letters of the Alter Rebbe that are quite unconnected with matters discussed in Tanya, Zohar, Etz Chayim, etc., and hence, seemimgly out of place in Kuntres Acharon. And, indeed, when Iggeret HaKodesh and Kuntres Acharon were first included in Tanya (in the eighth edition; Koenigsburg, 1811), these essays were in fact not printed as part of Kuntres Acharon, but were grouped with Iggeret HaKodesh.
* * *
The first essay of Kuntres Acharon answers two questions:
(a) How does a Jew become connected with Supernal Wisdom (Chochmah of Atzilut) by reading the narratives of the Torah?
(b) What is meant by the statement of the Zohar that “thought accomplishes nothing”? (I.e., that if one merely thinks about words of Torah but does not articulate them vocally, he does not effect an “arousal from below” that elicits an “arousal from above.”)
As to question (a): We can readily understand how when a Jew studies the reasoning and the laws of the Torah he is connected with Supernal Wisdom, for the Torah is “G-d’s Will and Wisdom.” But what of the narrative passages? True enough, in addition to their truth as narrative (for3 “A verse never departs from its plain meaning”), these passages of course simultaneously allude to spiritual truths in the higher worlds. But if a reader knows nothing of this beyond the simple story, how is he thereby connected with Supernal Wisdom?
The Alter Rebbe answers this query by quoting Sefer HaKavanot of the AriZal, who states that at the very same moment at which a Jew is engaged in Torah in this world, the “likeness” of Supernal Man above (the source of the soul of this Jew) is also engaged in Torah. The source of this individual’s soul is thus bound up with Supernal Wisdom.
Now, this applies when this individual merely meditates upon words of Torah, in silence. When, however, he actually verbalizes them, then the sound of these words pierces the heavens, and ascends to the spiritual level to which that sound is related, i.e., the level which matches the level of service of the person involved. If he is a tzaddik who, like a chariot, has no independent will but waits to be steered by its Rider, then the sound of his Torah study rises to the World of Atzilut (as explained in Tanya, ch. 39); if he serves G‑d with intellectually-generated love and awe, the sound of his Torah study rises to the World of Beriah; if his love and awe of G‑d are innate, the sound of his Torah study rises to the World of Yetzirah (as explained in Tanya, ch. 16).
As to question (b), regarding the inability of unvoiced thought (on words of Torah) to elicit an illumination from above, the Alter Rebbe will presently explain that it is nevertheless expressly thought that can elevate one’s Torah study and one’s performance of the commandments to the higher realms.
This, however, appears to be contradicted by a teaching in the Zohar,4 that the kind of “arousal from below” that draws down the reciprocal “arousal from above,” is effected specifically by “deed and speech,” as distinct from unvoiced thought.
The Alter Rebbe therefore clarifies: It is true that the Zohar here teaches that thought alone cannot draw down the flow of Divine light. That is why, even when one serves G‑d with love and fear through the spiritual toil of the soul, he will not have fulfilled his obligation to perform the accompanying mitzvah unless these spiritual emotions find simultaneous expression in actual deeds or words (cf. Tanya, ch. 35). For the soul descended into this world in order to draw down Divine light, and thereby to refine and rectify the body and the animal soul. (The Divine soul itself is by definition not in need of rectification.) And it is only through “deed and speech” — the actual performance of mitzvot or articulated Torah study, for5 “the movement of the lips is also a [minor] deed” — that one draws the Divine light down into this world.
However, when it comes to the separate task of elevating one’s Torah study and performance of the commandments, this is accomplished specifically by means of positive thoughts, which include one’s devout intent (kavanah), and one’s love and awe of G‑d.
Examine6 Likkutei Amarim, ch. 40
The Alter Rebbe explained in ch. 407 that the love and fear of G‑d are mere “wings”.8 Though wings enable a bird to fly aloft, they are not its essence. Indeed, even “if its wings were removed, [a bird] is kosher,”9 so long as its head and body are intact.
So, too, Supernal Unions (yichudim) are effected through Torah and mitzvot themselves. Love and awe, which are their wings, merely elevate the Torah and mitzvot to that spiritual level where a particular union is to take place. It is at that level that there is revealed within one’s Torah and mitzvot an infinite Divine illumination that cannot be revealed in this physical world.
Thus, on one hand we say that love and fear do not bring about a Supernal Union, for they are mere “thought” and intent. On the other hand, we also say that it is specifically through one’s intent that one’s Torah and mitzvot are elevated to a height they could never ascend to unaided; once there, they bring about a Supernal Union and its resultant diffusion of Divine light.
להבין איך הקורא בסיפורי מעשיות שבתורה, הוא מקושר בחכמה עילאה
To understand how a person reading narratives in the Torah becomes connected with Chochmah Ila’ah (“Supernal Wisdom”):
When a Jew studies Torah intellectually, it stands to reason that he is then bound up with Supernal Wisdom — the Sefirah of Chochmah (the loftiest Divine emanation) in the World of Atzilut — for Torah law is “G‑d’s Will and Wisdom”; the rationale underlying a law is G‑d’s wisdom, while the ruling itself is G‑d’s will.
This is explained in ch. 5 of Tanya: “It so arose in His will that if, for example, Reuven would claim thus and Shimon thus, such and such should be the verdict between them.” Even if this litigation should never come to pass, still it is G‑d’s will that in such an instance the verdict should be such and such — in accordance with His will. The very knowledge of the ruling thus makes one aware of G‑d’s will.
Suppose, however, that instead of studying legal issues one merely reads the narratives of the Torah. While it is true that these narratives allude to spiritual matters in the higher worlds,10 yet since he perceives nothing beneath their seemingly simplistic surface, how is he thereby connected with Supernal Wisdom?
When, for example, the Alter Rebbe looked at the verse,11 “And Jacob kissed Rachel and lifted up his eyes and wept,” he saw12 that Jacob, who represents the attribute of Mercy of Atzilut, arouses compassion from the Supernal Source of Mercy upon Rachel, who personifies Malchut of Atzilut, the fount of all souls.
However, when one is unaware of the inner meaning of this verse, and merely follows the simple story, how is he then bound to Supernal Wisdom?
על פי מה שכתוב בכוונות, דף ט״ז עמוד ב׳: כמו שהאדם עוסק למטה, כך דיוקן האדם העליון למעלה כו׳
[This matter may be understood] in the light of what is written in the Kavanot, p. 16b13 — that just as a man is engaged [in Torah study] below, so too is the likeness of the Supernal Man [engaged in Torah study] above.
As the Alter Rebbe will soon explain, this “likeness” refers to the source of a man’s soul, which is rooted in the Sefirot above. This is known as Supernal Man, for in the Kabbalah a complete configuration — a partzuf (lit., “visage”) of ten intellective and emotive Divine Sefirot — is referred to as a “Man”.14 Supernal Man occupies Himself in Torah above, at the same time that mortal man does so below. When one is engaged in Torah, be it even in the narratives of the Torah, he is thus connected with Supernal Wisdom, inasmuch as his “likeness” above is bound up with Supernal Wisdom.
According to this explanation, however, he is connected with Supernal Wisdom only by virtue of his connection with his likeness above, and not through his actual study. The Alter Rebbe therefore now goes on to state that this is so only when his study of the Written Torah remains in the realm of thought. If, instead, the individual verbalizes the words audibly, the very sound of his voice enables the letters here below to ascend even to the highest of levels, the World of Atzilut.
כן יש לומר, בהרהור באותיות הכתובות
This [vicarious connection] applies [only] when one is thinking about the written letters [of the Torah’s narratives].
אבל הדבור, יש לומר דבוקע וסליק לאצילות ממש
But as to articulated speech, we may say that it pierces and ascends to the actual [World of] Atzilut;
The Alter Rebbe here seeks to distinguish between “the actual World of Atzilut,” and the highest level (the “relative Atzilut”) within each of the lower worlds. As explained above, the uttered words of a consummate tzaddik — like the rest of his Torah and mitzvot — ascend to the actual World of Atzilut.
או לבריאה, בדחילו ורחימו שכליים
alternatively, [the articulated speech of one’s Torah study rises] to Beriah, the world of comprehension, when impelled by intellectually-generated love and fear (i.e., a love and fear of G‑d that result from comprehending Him);
או ליצירה, בדחילו ורחימו טבעיים
or else [this speech rises] to Yetzirah, the world of emotions, when motivated by the innate awe and love of G‑d that are the heritage of every Jew.
This refers to the level of “concealed love” (ahavah mesuteret) that also includes fear.
ובמקרא
And through Scripture, i.e., when its words are merely uttered out of an acceptanc3e of G‑d’s yoke, without any of the above three levels of motivation,
סליק מעולם הזה ליו״ד ספירות דעשיה, משום דבקע אוירין וכו׳
[this speech] rises from This World to the Ten Sefirot of Asiyah, the level that relates to Torah and mitzvot that are performed merely out of acceptance of G‑d’s yoke,15 for “it pierces the atmospheres16...” between physical and spiritual Asiyah.
מה שאין כן בהרהור, אלא הדיוקן, שהוא שרש נשמתו וכו׳
In contrast, one’s [unvoiced] thought [does not ascend to the higher worlds; it affects] only the “likeness” which is the source of his soul..., and which at that time is also engaged above in Torah, thereby connecting him with Supernal Wisdom.
ומה שכתוב בזהר, חלק ג׳ דף ק״ה, דהרהור לא עביד מידי כו׳
As to the statement in the Zohar, Vol. III, p. 105, that “thinking achieves nothing,...”
והיינו, אפילו לטב
i.e., not even a beneficial effect, if the “arousal from below” of deed or speech are lacking,
Speaking of thought, the Zohar there refers to improper thoughts that “achieve nothing.” For it is only when one actually speaks (and not merely thinks) of mundane matters on Shabbat17 that he causes a blemish in the spiritual realms, since his speech ascends aloft and introduces mundanity within the sanctity of Shabbat above. In the same way, the Alter Rebbe adds, thought alone — unless it is accompanied by words or deeds — has no positive effect above.
עיין שם, ובדף ל״א עמוד ב׳
examine closely there, as well as p. 31b.
For the Zohar says there that in order to receive the sanctity and joy of the Jewish festivals, there must first be an “arousal from below” through deed or speech. It then goes on to say that mundane talk during Shabbat will cause a blemish above, though not mundane thoughts.
We thus see that the Zohar is speaking of the inability of thought alone to produce either positive or negative effects.
The same is true of the statement in Zohar III, 31b, that a deed below inspires a deed above. A holy deed brings forth an arousal of holiness from above that descends upon the doer, while a deed stemming from impurity causes a spirit of impurity to descend upon him. The Zohar concludes there, that whatever depends upon action affects action, while whatever depends upon speech affects speech.
This, too, indicates that both a positive and a negative impact can be made only through action or speech, and not through disembodied thought alone.
Now, if thought alone “accomplishes nothing,” how does this square with the earlier statement that when one reads the narratives of the Torah, even if he does so only in his thought, he causes the “likeness” of Supernal Man to study Torah, and thereby the person involved is united with Supernal Wisdom?
The Alter Rebbe resolves this seeming contradiction as follows: The Zohar only means that thought has no effect in drawing down illumination from above: it is true that it is not an “arousal from below” that elicits an “arousal from above.” However, thought does have a vital effect above: one’s thought and intention are indispensable in elevating one’s Torah study and performance of the commandments, and in effecting the consequent Supernal Unions.
To return now to the above-quoted statement that “thinking accomplishes nothing”:
יש לומר דהיינו לאתערא לעילא, שיומשך משם לתתא
We may say, that this [disability] refers only to arousing a reaction Above, to call forth a downward flow [of Divine light];
רק מחשבתו נשארה שם
the thought that rises above simply remains there,
ומוסיפה שם אור גדול
greatly increasing the illumination there.
בתוספת וריבוי האור באצילות, על ידי מקרא ומצות מעשיות שבעשיה
[This] increased illumination in Atzilut is brought about through the verbal study of Scripture and the practice of active mitzvot in Asiyah,
שעיקר היחוד הוא למעלה
for the [consequent] Union takes place primarily above, within Atzilut.
רק הפירות בעולם הזה, על ידי המשכת אור מעט מזעיר למטה על ידי הדבור ומעשה
Only [its] fruits reach this world, through the illumination that is called forth in minute measure, here below, by speech and deed, that serve as an “arousal from below” to draw down the “arousal from above.”
מה שאין כן בהרהור, לא נמשך כלום
Through thinking [alone], however, nothing is called forth [below]: the above-mentioned increased illumination remains entirely above.
ולכן לא יצא ידי חבותו
Hence, if one merely thinks the words of the Shema and does not verbalize them vocally, he has not fulfilled his obligation
מה שירדה נשמתו לעולם הזה, רק להמשיך אורות עליונים למטה
for which his soul descended into This World: viz., only to draw supernal illuminations into the lower world.
כמו שכתוב בעץ חיים, שער כ״ו: להמשיך אור
In the words of Etz Chayim, Shaar 26, [the purpose of the soul’s descent is] “to call forth illumination.”
The G‑dly soul does not descend into this world for its own sake, for it is not in need of any rectification. Rather, it descends here in order to rectify and refine the body and the animal soul, by drawing supernal illumination down into this otherwise dark world.
אבל להעלות ממטה למעלה
But to elevate [one’s Torah and mitzvot] from below upward,
הוא דוקא על ידי מחשבה טובה
there must be “good thought” — the positive intent that stems from love and fear of G‑d,
דבלא דחילו ורחימו, לא פרחא לעילא
for without awe and love, [his divine service in Torah and mitzvot] does not fly upward.
וכמו שכתוב בשער הנבואה, פרק ב׳: והמחשבה טובה כו׳
As is stated in Shaar HaNevuah, sec. 2, “And the good thought [is that which raises Torah and mitzvot aloft].”
But here we appear to have a contradiction.
ומה שכתוב: דבקע רקיעין וכו׳
Now, we have an expression, quoted in the Zohar above, [that the sound of Torah study] “pierces firmaments...,”
והיינו, אפילו בלא דחילו ורחימו
and this is true even when [the sound of Torah study] is without awe and love,
במכל שכן מדברים בטלים
by a fortiori reasoning from the case of idle words,
If idle or mundane words spoken on the Sabbath ascend and cause a blemish above, surely holy words ascend, even when they are not accompanied by awe and love of G‑d.18
דמדה טובה, מרובה
since19 “the measure of good is more generous [than its opposite].”
How are we to reconcile this with the statement that “without awe and love one’s [Torah study] does not fly upward”?
The Alter Rebbe now answers:
היינו, רקיעין דוקא, שהן ההיכלות והבתים
This refers only to “firmaments”, meaning the chambers and abodes, i.e., the external aspects of Supernal Man,
ולא בגוף האדם העליון
but not the “body” of Supernal Man.
I.e., if one’s Torah study is not propelled by a love and awe of G‑d, it does not ascend to the “body” of Supernal Man, which comprises the Ten Sefirot of the world involved.
וכל שכן בנפש רוח ונשמה
It certainly [does not ascend] to the Nefesh, Ruach and Neshamah of Supernal Man, the light of Atzilut that illumines that world,
אפילו באדם דעשיה, שהן יו״ד ספירות, אורות וכלים
even not of the Supernal Man of Asiyah, meaning the Ten Sefirot, both its lights and vessels.
Without awe and love, one’s Torah study cannot ascend even to this level.
וזהו שכתוב בתקונים, דבלא דחילו ורחימו, לא יכלא לסלקא ולמיקם קדם ה׳ דוקא
This is the intention of the Tikkunim,20 that without fear and love it cannot ascend or stand before G‑d.
This means that it is capable of ascending to a higher world, but not before the G‑dliness of that world, i.e., the Sefirot of that world. In order for it to ascend there, there must be awe and love.
FOOTNOTES
1. Shklov, 1814; see the Bibliographical Listing by the Rebbe, reproduced (in Hebrew) in the Bi-Lingual Edition of Tanya, p. 714.
2. It appeared in the Shklov edition of 1814 for the first time. See its English translation in Vol. I of the present series, p. 10.
3. Shabbat 63a.
4. III, 105a and 31b.
5. Sanhedrin 65a.
6. Note of the Rebbe: “[Examine], not simply See.”
7. See Vol. II above, p. 558ff.
8. R. Chayim Vital, in Shaar HaYichudim, ch. 11.
9. Note of the Rebbe in He’arot veTikkunim: “In the Mishnah (Chullin 3:4) we find, ‘If its wings were broken....’ [From this we learn that the same law applies] ‘when its wings were removed’; see the Bach and Taz, Shulchan Aruch, Yoreh Deah, beginning of sec. 53.”
10. Actually, this may be viewed the other way around: The real subject of such a narrative is a spiritual truth; this is echoed by the physical aspects of the corresponding episode as it took place below. In the words of Asarah Maamarot (Maamar Chikur Din 3:22), “The Torah speaks on high and hints at matters below.”
11. Bereishit 29:11.
12. Tanya, ch. 45.
13. I.e., Sefer HaKavanot of the AriZal (ed. Venice, 5380/1620).
14. Cf. Yechezkel 1:26.
15. Alternatively, it may be said that the degree of elevation varies with the subject of one’s study. If it is Kabbalah, which extends no further “down” than Atzilut, then one’s study is elevated as far “up” as Atzilut. If it is Talmud, which extends down to Beriah, then one’s study is elevated as far up as Beriah. If Mishnah, it is Yetzirah; if Scripture, it is Asiyah; — as the Alter Rebbe explains in the Note at the conclusion of ch. 40 in Tanya. The Alter Rebbe makes a point of noting there, that in fact all the above categories of Torah study belong in Atzilut, except that Scripture emanates all the way downward until Asiyah, Mishnah — only as far as until Yetzirah, and Talmud — until Beriah, while Kabbalah remains within the World of Atzilut. (See also Torah Or, p. 17a.)
16. Note of the Rebbe: “This expression is also found in Et’haleich [Liozna], [which is a book of discourses that includes these essays from Kuntres Acharon]. [However,] this warrants a critical comparison of early editions and manuscripts, for in many places (Tanya, ch. 40; Zohar III, as cited there; et al.), [the expression used is not ‘pierces atmospheres’ but ‘pierces] heavens.”’
17. Cf. Yeshayahu 58:13: “If you honor it by...refraining...from speaking [worldly] things....”
18. At this point, the standard edition of Kuntres Acharon interpolates a phrase in brackets [זה אינו, דגם שם יש איזו תאוה], followed by a publisher’s note that this phrase does not appear in certain manuscripts.
The interpolation means: “This is not the case, for there, too, there is some measure of desire.” In other words: The above proof, which relates to idle talk on Shabbat, does not withstand scrutiny, for there, too, there is some measure of desire. Since this motivating desire counts as a certain measure of spirituality, this speech is not an exclusively physical activity; if it were, it would not be able to ascend to a spiritual world.
19. Sotah 11a.
20. Tikkun 10, p. 25b.
Kuntres Acharon, Essay 2
עיין עץ חיים, שער הנקודות, שער ה׳, פרק ו׳
Examine the statement in Etz Chayim, Shaar HaNekudot, Shaar 8, ch. 6,
שאין החזרת פנים בפנים, כי אם על ידי מצות מעשיות דוקא
that there can be no “turning of face to face” except through mitzvot requiring action.
The text cited had previously discussed the stage of creation at which (i) the bracket of six Sefirot known collectively as Za (ז״א; Z’eir Anpin), and (ii) the Sefirah of Malchut,1 were first emanated and revealed (in the World of Atzilut) from Chochmah and Binah, their spiritual parents. Adam had not yet been created and hence the avodah of fulfilling mitzvot did not yet exist. At this stage, if Za and Malchut had united “face to face,” there would be an effusion of Divine energy from the innermost aspect of Za to the innermost aspect of Malchut. This, however, would enable the kelipot to receive more than their due share of life-giving influence from the source of holiness. The union was therefore merely “back to back,” i.e., only the external aspect of Za was drawn down to Malchut.
Only after Adam was created and performed mitzvot, effectively “trimming and hacking off the thorns,” i.e., limiting the nurture of kelipot, could Za and Malchut be united “face to face.”
In other words, Divinity can be revealed within this world (without any nurture being illegitimately diverted to the kelipot) only by means of mitzvot whose performance entails an actual deed.
וטעם הדבר
The reason for this, as given there in Etz Chayim,
כי על ידי מעשים טובים גורם זיווג העליון וכו׳
is that by means of good deeds one brings about a Supernal Union, causing Za and Malchut to turn “face to face.”
ולהבין אמאי מעשיות דוקא
Now, why only mitzvot involving action?
Why can the same result not be brought about by mitzvot fulfilled by thought and speech?
יובן ממה שכתוב בשער מ״ן ומ״ד
This may be understood in the light of what is written in [Etz Chayim,] Shaar Ma’n Uma’d,2
כי צריך תחלה להעלות מ״ן דנוקבא דז״א
that first, before the Supernal Union takes place, there must be an elevation of mayin nukvin (i.e., an arousal initiated by the recipient) from the nukva (i.e., the feminine element) of Za, viz., Malchut,
ומ״ן דנוקבא הן בחינת עשיה, כמו שכתוב שם, פרק א׳
and the mayin nukvin of nukva is the state of action, as explained there, in ch. 1.
In other words: The things of this world, whose source is the Sefirah of Malchut (which is the nukva of Za) must be elevated to their source in holiness. This can be accomplished only through mitzvot whose fulfillment requires actions performed with the material components of the world. This alone makes possible the Supernal Union which reveals Divinity within this world.
But how can it be ensured that no part of this revelation will leak to the kelipot (which are also known as chitzonim — lit., “extraneous forces”)?
והנה, המעשים טובים נקראים כסוח וקיצוץ הקוצים הנאחזים באחוריים
Good deeds are described as trimming and hacking off the thistles that attach themselves to the hinderpart,
שהן בחינת עשיה
which is the state of deed,
כמו שכתוב בשער מ״ז, פרק ה׳
as is written in [Etz Chayim,] Shaar 47, ch. 5.
It is the performance of specifically these commandments that hacks away the kelipot which, like the unchecked roots of thistles or weeds in a vineyard, would otherwise encroach on the life-giving waters and divert them from their intended destination.
והיינו, על ידי העלאת הטוב הגנוז בהם, המלובש במצות מעשיות
This [pruning is effected] by elevating the element of good that is concealed in them (i.e., in things of this world that are related to Asiyah) and that is enclothed in mitzvot of action,
למקורו, לקדושת האצילות שכבר הובררה
[elevating this element of good] to its source, to the sanctity of Atzilut that has already been refined.
The performance of practical mitzvot thus makes possible the purification and elevation of those physical things that are in need of this, by extracting the element of good that is within them and elevating it to holiness.
ומה שכתוב שם, שאדם הראשון תיקן גם כן על ידי תפלה
As to the statement there that Adam effected rectification (tikkun) through prayer as well, which would not appear to be a mitzvah requiring action,
היינו, על ידי אותיות הדבור, דעקימת שפתיו הוי מעשה
this means [that he did so] through uttering the letters of speech, i.e., not through the intent of prayer, but by the actual deed involved, for the movement of one’s lips is also deemed a deed.3
כי הן מנפש החיונית שבגוף ודמו, אשר שרשן מנוגה
For they — these utterances — derive from the vivifying soul which is in one’s body and blood, whose root (and life-force) is in [kelipat] nogah.
As the Alter Rebbe explains in ch. 37 of Tanya, one’s G-dly soul is incapable of uttering the words of Torah or prayer (which have to be sounded with the physical mouth, tongue and teeth), except through the agency of the vivifying soul that is invested in the body.
We see from the above that uttering the words of prayer can also elevate Ma’n from the nukva of Asiyah, just as is done by the practical mitzvot.
והנה הבירורים דעשיה עולין ליצירה על ידי שם ב״ן, ומיצירה לבריאה ולאצילות, כמו שכתוב בשער מ״ן, דרוש י״א, סימן ז׳
The acts of refinement of Asiyah that are accomplished through practical mitzvot ascend to Yetzirah by means of the Divine Name Ba’n, and from Yetzirah to Beriah and Atzilut, as noted in Shaar Ma’n, Derush 11, sec. 7.
ובזה יובן דהרהור לא עביד מידי
Thus we can understand why mere thought accomplishes nothing, as Essay 1 of Kuntres Acharon quotes above from the Zohar,
כי בלי העלאת מ״ן מהמלכים שבנוגה, אי אפשר להמשיך טיפין מלמעלה לזווג זו״ן
for unless mayin nukvin is elevated from the “kings of nogah,”4 it is impossible to draw forth drops from above to effect the union of Zu’n, an acronym for the above terms Za and nukva.
This elevation can be effected only through activity on the level of Asiyah, as stated above.
Za and Malchut can unite only if a degree of illumination that transcends them both, is drawn down upon them. To use a mortal analogy: Concerning the union of man and woman it is written,5 “Male and female did He create them, and G‑d blessed them and said to them, ‘Be fruitful and multiply.”’ I.e., in order for their union to bear fruit, a blessing must first descend upon the partners from above. And these “drops” of blessing from a source in Divinity that transcends both Za and Malchut cannot be drawn forth unless mayin nukvin is aroused and elevated by the refinement of the materiality of kelipat nogah.
כי רוצה לינק מאמו, ולא להשפיע למטה
For [Za] desires to seek its nurture from its “mother”, i.e., from the Sefirah of Binah, rather than giving forth for the lower realms,
It is only through the elevation of Ma’n of nogah that a higher degree of illumination is drawn down within Za, causing it to desire to unite with the Sefirah beneath it, viz., Malchut.
כמו שכתוב בשער מ״ן, דרוש ב׳
as is written in [Etz Chayim,] Shaar Ma’n, Derush 2.
ועיין זהר, פרשת פקודי, דף רמ״ד, עמוד ב׳, דאית סדורא כו׳ לאסתכלא כו׳
Examine Zohar, Parshat Pekudei, p. 244b, which states that there is a mode...of gazing....
Just as there is a mode of verbalized prayer, there is also a mode of prayer with kavanah by means of which one meditates and attains infinite heights, as one gazes upon the glory of the King.
והן כוונות התפלה ויחודים עליונים, ליודעים ומשיגים לאסתכלא כו׳
This refers to the intentions (kavanot) in worship, and the supernal unions, for those who know and understand how to “gaze....”
Such individuals can have an impact on this world through their unarticulated intentions alone.
כי נפש רוח נשמה שלהם עצמן הן מ״ן, במסירות נפש על התורה
For their Nefesh, Ruach and Neshamah themselves constitute [the arousal initiated by the recipient which is known as] Ma’n, through their self-sacrificing devotion for the Torah,
ובנפילת אפים, כנודע
and during the Tachanun prayer, during which we say “To You, G‑d, I lift my soul,” as is known.
This ability, however, remains the province of a select few. The overwhelming majority of Jews accomplish this elevation through mitzvot of action involving an actual deed or speech. And in this manner they are able to bring about a union “face to face” between Za and Malchut — the sublime union of Kudsha Brich Hu and His Shechinah, which draws Divinity down into this world.
FOOTNOTES
1. Za (as the benefactor) is termed “male”, and Malchut (as the recipient) is termed “female”. Their union — (The Rebbe here refers the reader to Tanya, ch. 41) — is called the union of Kudsha Brich Hu (“the Holy One, Blessed be He”) and His Shechinah (“the Divine Presence”), for Za (as implied by the term kadosh) is separate from the world, while Malchut is called Shechinah (from the root meaning “to dwell”) because it descends within the world. This union results in the revelation of Divinity within the world.
2. The abbreviations מ״ן and מ״ד are the initials (respectively) of two Kabbalistic metaphors in Aramaic: mayin nukvin (lit., “feminine waters”) and mayin d’churin (or: mayin duchrin; lit., “masculine waters”).
3. Sanhedrin 65a.
4. As explained at length in the Kabbalah and in the literature of Chassidut, all things that are to be found in the kelipot “fell” there from the “seven kings” of the World of Tohu. The “kings” that “fell” into kelipat nogah are refined and elevated through man’s spiritual service.
5. Bereishit 5:2.
Kuntres Acharon, beginning of Essay 3
In chs. 39 and 40 of Tanya the Alter Rebbe spoke of the various worlds to which souls ascend as a result of their Torah study and spiritual service. Their level in each case is determined by the individual’s intention at the time: If the study and prayer were accompanied by love and awe generated by the contemplation of G-d’s greatness, they rise to the World of Beriah, the world of comprehension; if the love and fear are merely instinctive (inasmuch as they are inherent within every Jew), then the study and prayer ascend to the World of Yetzirah, the world of the spiritual emotions.
The Alter Rebbe also stated there that the Torah and spiritual service itself ascends to the Sefirot, which are the G-dliness of the worlds.
All this, however, applies only when the Torah study and the spiritual service are motivated by a kavanah lishmah, a pure intent born of a love or awe of G-d. If, however, this intent is lacking, such as when one studies Torah out of habit, this Torah study does not ascend to the Sefirot of the worlds. For the Sefirot are the G-dliness of the world, and “without love and fear they cannot [ascend and] stand before G-d.” Such a grade of Torah study ascends only as far as the chitzoniyut (the “external” aspect) of the worlds, where the angels abide.
Concerning this the Alter Rebbe quoted R. Chayim Vital, who states1 that Torah study that is uninspired by proper intent (kavanah) creates angels in the World of Yetzirah, while commandments fulfilled without proper intent create angels in the World of Asiyah.
(“Without intent” here means without an intent that stems from love or fear of G-d; it does not mean that there was no intent at all. For, as explained by R. Levi Yitzchak Schneerson, the saintly father of the Rebbe, since angels comprise both form and matter, as the Alter Rebbe stated above, we must say that the Torah study that creates them has form and matter likewise. These are speech and intent, respectively.)
In any event, we see that Torah even without proper intent creates angels in the World of Yetzirah — and this it can do only by having risen to that world.
Now why should this be different from prayer? For prayer without proper intent remains mired below in this world. Why is it that when Torah study and prayer are performed with proper intent they both rise to the same world (whether Beriah or Yetzirah), while when they lack the proper intent, the Torah rises to Yetzirah and creates angels there, while the prayers remain below in this world?
This is the central question addressed in the following essay.
להבין מה שכתוב בשער היחודים, פרק ב׳
To understand the statement in Shaar HaYichudim, ch. 2,
Shaar HaYichudim of R. Chayim Vital (which appears in Shemoneh She’arim of current editions of the writings of the AriZal) is part of Shaar Ruach HaKodesh. The Rebbe once remarked in a talk, that the introduction to Shaar HaYichudim states that it is divided into several She’arim (Shaar HaNevuah, Shaar Ruach HaKodesh, and Shaar Tikkun Avonot). The Rebbe then noted the precision of the Alter Rebbe’s writings: In ch. 40 of Tanya he quotes a passage from Shaar HaYichudim and specifies that its source is Shaar HaNevuah, while with regard to another passage he simply cites Shaar HaYichudim.
In light of the above, clarification is needed as to why in ch. 40, when speaking of the angels that are created in the World of Yetzirah by Torah that is not studied lishmah (“for its own sake”), the Alter Rebbe cites Shaar HaNevuah, while here he cites Shaar HaYichudim.
דעל ידי תורה שלא בכוונה, נבראים מלאכים בעולם היצירה
that through Torah without proper intention, angels are created in the World of Yetzirah:
ושם הביא מהזהר, פרשת שלח, דלית קלא דאתאביד כו׳, בר קלא דאורייתא וצלותא דסליק ובקע כו׳
There [this source] quotes the Zohar, Parshat Shlach:2 “There is no voice lost [from this world], except the voice of Torah and prayer that ascends and pierces [the heavens]”; i.e., it does not remain below, but ascends.
והנה מכוונת התפלה נבראו מלאכים בעולם הבריאה, כמו מכוונת התורה
Now, through intention in prayer, angels are created in the World of Beriah, as with intention in the study of Torah.
Considering the results of one’s intent in avodah, then, prayer and Torah are thus similar: they both ascend to the same level, the World of Beriah.
ובלא כוונה, נדחית למטה לגמרי
Without proper intent, [prayer] is repelled utterly downward.
כמו שכתוב בזהר, פרשת פקודי, דף רמ״ה עמוד ב׳: גו רקיע תתאה כו׳
So it is stated in the Zohar, Parshat Pekudei, p. 245b, “Into the lowest heaven,...”
When prayer is not “as it should be,” i.e., when it is without proper intent, it is banished “into the lowest [of the heavens that govern the world].”
דאקרין צלותין פסילאן כו׳
“These [prayers] are called invalid prayers,” as the Zohar goes on to say.
ועיין שם פרשת ויקהל, דף ר״א עמוד ב׳: אי היא מלה כדקא יאות כו׳
Examine also [the Zohar,] Parshat Vayakhel, p. 201b: “If it is a seemly word...,” i.e., if a prayer is prompted by a proper intent, then the angel appointed as warden of prayers “kisses it” and elevates it.
Thus, prayer ascends only when it is propelled by a proper intent. If so, then since Torah and prayer are similar when they are performed with the proper intent, why when the proper intent is lacking is Torah still able to create angels in the World of Yetzirah, while prayer without proper intent is repelled into the lowest heaven?
אך ההפרש בין תורה לתפלה שלא בכוונה מובן מאליו
However, the difference between Torah and prayer without intention is self-evident.
כי לימוד התורה, הוא מבין ויודע מה שלומד, דבלאו הכי לא מיקרי לימוד כלל
For in the study of Torah without proper intent one understands and knows what he is learning, for otherwise it is not called study at all.
רק שלומד סתם, בלא כוונה לשמה מאהבת ה׳ שבלבו בבחינת גילוי
It is only that he is studying neutrally, without the intention of lishmah (“for its own sake”) out of a manifest love of G-d in his heart,
רק מאהבה המסותרת הטבעית
but only out of the latent natural love for G-d that every Jew harbors in his heart.
אך אינו לומד שלא לשמה ממש, להתגדל כו׳
On the other hand, he is not studying with an actual negative motivation, such as for self-aggrandizement or the like,
דהא לא סליק לעילא מן שמשא, כמו שכתוב בפרשת ויחי, דף רכ״ג עמוד ב׳
“for this [manner of Torah study] does not ascend higher than the sun,” as stated in [the Zohar,] Parshat Vayechi, p. 223b.
The Zohar states there that the verse,3 “What profit is there for man from all the toil that he toils under the sun,” does not refer to one’s toil in Torah study, for Torah is “loftier than the sun”; however, if this toil is undertaken “for self-aggrandizement,” it is also considered to be “under the sun,” for it does not ascend aloft.
היינו משום שמחשבתו וכוונתו הן מתלבשות באותיות הדבור, ואינן מניחות אותן לסלקא לעילא
That is because one’s thought and intent are clothed within the letters [of Torah] that he utters, and prevent them from ascending.
The ulterior motive that derives from the kelipot thus encumbers his words of Torah.
והכי נמי בתפלה שלא בכוונה, שמחשב מחשבות זרות
So, too, in prayer without intent,4 meaning that one entertains alien thoughts.
אלא מפני שכוונתו לשם שמים)
(5But since his intention is addressed to G‑d,
He is, after all, in a state of prayer, except that alien thoughts interpose.
לכך יש לה תיקון בקל, לחזור ולעלות
it is therefore easily corrected, so that [his prayer] may once again rise to the state from which it was originally repelled,
כשמתפלל בכוונה אפילו תפלה אחת מלוקטת מתפלות כל השנה
when he prays with proper intention even one [full] prayer gathered piecemeal from the prayers of the entire year.
When on one day one passage of the prayers was read with proper intent and on another day another passage, and so on, and then all these passages are gathered together, thus constituting one complete prayer from the prayers of a whole year, then all one’s prayers throughout the year are elevated.6
כמו שכתוב במקדש מלך, פרשת פקודי
Thus it is written in Mikdash Melech on Parshat Pekudei.)
We thus see that in one sense Torah without proper intent is superior to prayer without proper intent, for such Torah study creates angels in the World of Yetzirah, while prayer without proper intent is repulsed. On the other hand, when the lack of proper intent in Torah study is such that it prevents it from ascending, as in the case of studying for the sake of self-aggrandizement, then this is lower than prayer without proper intent.
For one proper prayer, or even a compilation of different prayers that add up to one prayer with proper intent, elevates all the other prayers of that year. With regard to Torah study, by contrast, even if one later studies with proper intent, this does not elevate his previous study; actual repentance is required. Until such time one’s Torah study is in exile within the kelipah which spawned his ulterior motive.
Nevertheless, since all Jews will eventually repent, for7 “No one of them will be rejected,” our Sages advise that8 “one should always study Torah and perform mitzvot even when they are not done for their own sake” — and, indeed, even if they involve an ulterior motive — for eventually he will achieve the state of lishmah, when he repents. This is explained by the Alter Rebbe at the end of ch. 39 of Tanya.
FOOTNOTES
1. Shaar HaNevuah, ch. 2.
2. 168b, 169a.
3. Kohelet 1:3.
4. Note of the Rebbe: “The specific intent that is lacking here, is keeping in mind the meaning of the words. This, however, does not make for an ‘invalid prayer,’ inasmuch as the worshiper has the pervasive intent of praying to G-d. And this is what the Alter Rebbe goes on to specify: ‘meaning that he entertains alien thoughts.’ For these thoughts — thoughts other than those of one’s prayer — vest themselves in his speech and cause the prayers to be drawn downward.”
5. Parentheses are in the original text.
6. Note of the Rebbe: “The wording of the Zohar would appear to indicate that one would need to pray ‘one other [complete] prayer with pure intent,’ and when that ascends it elevates with it (since prayers can be gathered piecemeal together) all the previous prayers that were repelled. The commentary of the Mikdash Melech, however, states that ‘the master’ wrote that it is not necessary for all eighteen benedictions to be recited with proper intent, [as long as one full prayer with proper intent can be put together from the successful components of one’s various imperfect prayers throughout the year]. The wording of Mikdash Melech thus requires at least some examination. It would be worthwhile to compare the early editions, for there seems to be a printer’s error.”
7. II Shmuel 14:14.
8. Pesachim 50b.
Kuntres Acharon, end of Essay 3
ומה שכתוב בפרשת פקודי: גו רקיע תתאה
As to what is stated in [the Zohar,] Parshat Pekudei,1 [that prayer without proper intent is repelled] “into the lowest heaven,” indicating that it is allowed to rise at least to that point,
ובפרשת ויקהל משמע דדוקא אי איהי מלה כדקה יאות, סלקין עמה עד אוירא דרקיע דלעילא כו׳
whereas in [the Zohar,] Parshat Vayakhel,2 the implication is that “only if it is a seemly word, i.e., prompted by the proper intent, do [the appointed angels] ascend with it to the atmosphere of the heaven above...,”
How does this latter passage accord with the previously-quoted statement in Pekudei, that even when the prayer is without proper intent it still ascends, at least to the lowest firmament?
לא קשיא מידי
this [seeming contradiction] presents no problem.
דרקיע תתאה מאינון רקיעין דמדברי גו עלמא, שבפרשת פקודי, הן דמלכות דעשיה
For the expression in Pekudei, “the lowest heaven of the heavens that govern the world,” refers to Malchut of Asiyah,
ודפרשת ויקהל, הן דז״א דעשיה, כמו שכתוב בעץ חיים, שער השמות פרק ג׳, גבי ז״א דעשיה, עיין שם
whereas in Parshat Vayakhel, the reference is to Za of Asiyah, as is written in Etz Chayim, Shaar HaShemot, ch. 3, in reference to Za of Asiyah; see there.
It could be argued that the above question presupposed that the “lower heaven” of Pekudei was of the same level as the “heaven above” of Vayakhel, for the “lower heaven” too is “above the sun.”
By the same token, the answer refers to two distinct levels of “heaven”. Pekudei refers to Malchut of Asiyah, while Vayakhel refers to Za of Asiyah, to which prayers ascend when they are “seemly”. From this level they ascend yet further, to the G‑dliness of the Ten Sefirot of Yetzirah and Beriah. The main point here is, however, that when a prayer is not “seemly” it is not elevated even to Za of Asiyah, but merely to Malchut of Asiyah.
It could be explained that when prayer without proper intent is elevated to the “lower heaven,” its elevation does not bring about that which prayer should effect. For in order for a prayer to have its proper effect, such as the fulfillment of its requests, there must be drawn down into this world a degree of Divine influence that transcends the world, thereby healing the sick, or providing the year’s blessings, and so on. When, however, a prayer is repelled to Malchut of Asiyah, i.e., to that level from which all worldly things derive their life-force, then this level obviously cannot provide for whatever the world is lacking.
But when a properly-motivated prayer reaches up to Za of Asiyah, from there an efflux can be drawn down into the world to provide whatever the world lacks, thereby fulfilling the individual’s petitions.
והא דמשמע לכאורה, בפרשת פקודי, דגם תפלה פסולה עולה עד היכל הראשון, שממנו נדחית למטה, והוא בז״א דבריאה
As to the apparent implication in Parshat Pekudei that even invalid prayer — prayer whose intent is confused by alien thoughts — ascends to the First Chamber, whence it is hurled down, and this [Chamber] is in Za of Beriah,
It would thus seem that even an invalid prayer is at first elevated to Za of Beriah.
לא קשיא מידי, שהרי אפילו כל העוונות ממש, קלות וחמורות, עולות לשם, אפילו עד היכל הד׳, כמו שכתוב דף רנ״ב עמוד א׳
this presents no difficulty, for even palpable sins, minor and grave, ascend there, even as far as the Fourth Chamber, as is written [in the Zohar] on page 252a.
אלא ודאי שאין מהות העליות שוות, ואין ערוך ודמיון ביניהם, אלא בשיתוף השם בלבד, ודי למבין
It is thus certain that in essence the [above] ascensions are not identical, and there is no comparison or similarity between them except for the common name. This will suffice for the discerning.
The elevation of good actions means that they are actually uplifted to higher degrees of holiness, where they accomplish whatever they are intended to accomplish. With regard to sins, however, their “elevation” to the higher worlds brings about a blemish there. So, too, when we say that an “invalid prayer” ascends to the First Chamber, we are not at all speaking of the kind of elevation that takes place when a prayer is offered with the proper intent.
ובזה יובן גם כן מה שכתוב שם, דף רמ״ז, שבהיכל הב׳ (אולי צריך להיות: אזדמן הממונה, ואולי צריך להיות: קיימין הלבושים) ממונה על הלבושים שמלבישים הנשמה ממעשה המצות
This will also enable us to grasp the statement [in the Zohar] on page 247, that in the Second Chamber [there is to be found] the one appointed over the garments that clothe the soul as a result of the performance of mitzvot,
The bracketed Hebrew text here offers several variations: [3 “Possibly the text should read, ‘there is found the one4 appointed’; or possibly it should read, ‘the garments are5 housed.’”6]
אף שהוא בגן עדן התחתון דעשיה, כמו שכתוב שם, דף ר״י
even though [the mitzvot performed], and by extension, the soul’s garments that are fashioned thereby, are in the Lower Gan Eden in [the World of] Asiyah, as stated there (in the Zohar) on page 210.
How, then, do we say that the one appointed over — or alternatively, the garments of — the performance of the mitzvot are to be found in the Second Chamber of the World of Beriah?
However, as explained earlier, the above elevations are essentially dissimilar. Thus, though the mitzvot performed are located in the lower Garden of Eden of the World of Asiyah, the soul nevertheless ascends to the Second Chamber of Beriah and receives from there the garments that result from the performance of mitzvot. For the elevation of the soul to the level of Beriah in order to receive its garments is utterly different from the elevation of the mitzvot themselves to the lower Garden of Eden of the World of Asiyah.
והנה תפלה פסולה עדיפא מתורה שלא לשמה ממש
Now, invalid prayer is superior to Torah studied with a distinctly improper intention,
שהיא תחת השמש
for [the latter] is “under the sun,” since if it is undertaken for the purpose of self-aggrandizement it does not ascend at all,
והתפלה היא גו רקיע כו׳
while prayer — even “invalid prayer” — is “into the heaven,” albeit the lowest heaven.
אבל תורה סתם, שאינה שלא לשמה, רק מאהבה מסותרת טבעית
But the neutral study of Torah, that is without a negative intention, but is prompted merely by one’s latent, innate love,
For unconsciously, it is this love of G‑d that motivates even one’s merely habitual study of the Torah.
לא גרעא מהבל פיהן של תינוקות של בית רבן, דסליק לעילא מפני שהוא הבל שאין בו חטא
is not inferior to the “breath of the mouths of school children,” which ascends aloft because it is “breath untainted by sin.”7
וסליק לעילא, אף אם הוא שלא לשמה ממש, מיראת הרצועה שביד הסופר
This [breath] ascends aloft, even though it may be emphatically not altruistic, but only prompted by fear of punishment by the teacher.
In the same way, an adult whose study is of neutral intent is not tainted by sin (which it would be if he had studied for an ulterior motive). It therefore ascends heavenward.
ועיין שם, דף רנ״ה עמוד ב׳, שהמלאכים הם מעלים ההבל של תינוקות של בית רבן עד האצילות
See there on p. 255b, [where the Zohar states] that the angels elevate the breath of schoolchildren to Atzilut.
Addendum
In its primary meaning, the term “breath untainted by sin” signifies that the breath of the Torah study of schoolchildren is untainted because it proceeds from individuals who at this age are incapable of sin.
As the Gemara states in Shabbat,8 “Resh Lakish said in the name of R. Yehudah Nesiah, ‘The world exists solely by virtue of the breath of the mouths of schoolchildren [who study Torah].’ Said R. Papa to Abbaye: ‘And what of my Torah study and yours?’ He replied: ‘There is no comparison between breath that knows sin and breath that is free of sin.’” This means that children are not in the category of those who sin.
The Previous Rebbe once recalled9 that when his father, the Rebbe Rashab, taught him the above text, he first explained that the angels’ elevation of the Torah study of these children to Atzilut, as cited above from the Zohar by the Alter Rebbe, relates to the same rarefied level as the Supernal Unions that are accomplished by those who refine their bodies according to the secrets of the Kabbalah.
The Rebbe Rashab then added that the Alter Rebbe’s emphasis that this study comprised “breath untainted by sin” can be explained as follows: This is the breath of Torah words spoken by little children in artless simplicity. When they say, for example, “kametz alef: ah,” and they believe with a simple and ingrained faith that these and likewise all the other vowels and consonants of the Torah were transmitted to Moses on Sinai, then the very breath that emanates from their hearts is utterly pure, and untainted by sin.
(This commentary, continued the Rebbe Rashab, comes as an addition to the plain and primary meaning of “breath untainted by sin” — that these children are still pure from the taint of sin.)
Moreover, the above interpretation of breath being untainted by sin inasmuch as it emanates from uttering words of Torah with simple faith, applies not only to children, but to adults as well. They, too, can effect sublime Supernal Unions.
The Rebbe Rashab based this interpretation on a story he heard from the Baal Shem Tov when he visited his holy resting place at Mezhibuzh. At that time the Baal Shem Tov related that on his 16th birthday (18 Elul, 5474/1714) he had found himself in a small village. The local innkeeper was a very simple person who hardly knew how to read the prayers, let alone understand what they meant. He was, however, a very G‑d-fearing individual. On all matters and at all times he would quote the same phrase in the Holy Tongue, “Blessed be He; may He be blessed forever.” His wife too would always say in Yiddish, “Praised be His holy Name.”
That day, in accordance with the age-old custom of meditating in solitude for some time on one’s birthday, the Baal Shem Tov went off by himself to the fields. He recited chapters of Tehillim and engaged in unifying the Divine Names that emanate from its holy verses.
“As I was immersed in this,” the Baal Shem Tov related, “and unaware of my surroundings, I suddenly saw Elijah the Prophet. There was a smile on his lips. I was taken aback. For when I had been with the tzaddik R. Meir, and also when I had been in the company of the hidden tzaddikim, I had merited to see Elijah, but this was the first time that I had merited his appearance while all alone. I wondered about it. And besides, why was he smiling?
“Elijah said to me: ‘You are toiling so mightily to have the proper mystical intentions in bringing about the Supernal Unions of the Divine Names that emanate from the verses of Tehillim. And Aharon Shlomo the innkeeper and his wife Zlata Rivkah know nothing of the Unifications that result from his “Blessed be He; may He be blessed forever,” and from her “Praised be His holy Name.” Yet the Divine harmonies they create resonate in all the heavens more than all the Unifications of the Holy Name that are effected by the mystical intentions of the greatest tzaddikim.’
“Elijah described to me,” continued the Baal Shem Tov, “the great pleasure, as it were, that results in heaven from the words of praise and adoration uttered by men, women and children. Especially so, when they come from the mouths of simple folk. And most especially, when these praises are offered consistently, for then these people are constantly united with G‑d in pure faith and with an undivided heart.”
* * *
Having recounted this episode, the Rebbe Rashab added that it served as the basis for his additional interpretation of “breath untainted by sin” — that it applies not only to children but also to adults who act with pure faith and heartfelt simplicity, and who are thereby constantly united with G‑d, at all times and in all places.
* * *
The Rebbe stresses that this applies equally to adults only with respect to effecting Supernal Unions. With regard to maintaining the world’s existence, however, it is clear from the above-quoted teaching in Shabbat that this is accomplished only by the “breath of the mouths of schoolchildren,” for this breath possesses as well the first quality of “breath untainted by sin”: it proceeds from those for whom sin is a virtual impossibility.
With regard to the refinement of the world, this is accomplished by those adults to whom the second exposition of “breath untainted by sin” applies — that the breath itself is untainted. In a sense, indeed, their breath has an even greater effect than the “breath of the mouths of schoolchildren.” For as the Rebbe Rashab further explains, children do not relate to the corporeality of this world, but only to its atmosphere. Since adults have a relationship with the corporeality of this world as well, the Supernal Unions that they effect refine its very crassness and corporeality.
FOOTNOTES
1. P. 245b, quoted above.
2. P. 201b, quoted above.
3. Brackets are in the original text.
4. Note of the Rebbe: “Rather than ‘one’.”
5. Note of the Rebbe: “Rather than ‘appointed over the garments.”’
6. Note of the Rebbe: “The expressions ‘is found’ and ‘are housed’ both relate [these garments] specifically to the Second Chamber. There is, however, some difficulty here, for it would seem that an even stronger statement is made there — that the garment is actually fashioned in this Chamber through the performance of the mitzvot.”
7. Shabbat 119b; see also the Addendum below.
8. Shabbat 119b; see also the Addendum below.
9. Sefer HaSichot 5703, p. 163ff.
____________________________
Rambam:
, Daily Mitzvah N282, N283, P229, P228, P226, P227, P230, P231, N66, P224, N310, N300, N294, N290 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 26 & Thursday, 27 & Friday, 28 & Shabbat 29 Cheshvan 5775 • 19 & 20 & 21 & 22 November 2014
Negative Commandment 282 (Digest)
Issuing a Capital Verdict by a One-Vote Majority
"You shall not follow the majority for evil"—Exodus 23:2.
It is forbidden for a judge in a capital case to follow the majority decisions if the majority is only one vote greater than the minority. I.e., if there's disagreement between the judges whether an individual is deserving of capital punishment, and the group of judges that wishes to convict is one vote more than the group that wishes to acquit—it is forbidden to execute the defendant.
The 282nd prohibition is that a judge is forbidden from following majority rule [in a capital case] if there is only a majority of one. This means that if judges disagree regarding a transgressor — some saying that he should be executed and others saying that he should not, and those saying guilty are a majority of one — it is forbidden to execute him. G‑d has forbidden the judge from executing him until there is a majority of two.
The source of this prohibition is G‑d's statement,1 "Do not follow the majority to do evil." This means, "Do not follow just any majority in a capital case," which is the intention of the phrase "to do evil." In the words of the Mechilta, "If 11 judges rule he is innocent and 12 judges that he is guilty, I would think that he is guilty. The Torah therefore says, 'Do not follow the majority to do evil.' " It is also written there, "You can rule in his favor with a majority of one, and against him with a majority of two."
The details of this mitzvah are explained in the 4th chapter of tractate Sanhedrin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ex. 23:2.
Negative Commandment 283 (Digest)
Independent Judicial Opinions
"You shall not respond concerning a lawsuit to follow"—Exodus 23:2.
A judge is forbidden to rely upon the reasoning presented by a fellow judge, to convict or acquit a defendant, without himself examining and analyzing the issue based on the case's foundations. He may not say, "I'm satisfied to simply agree with the opinion of the other great judge." Rather, each judge must state the opinion that he independently arrived at.
Another few laws are included in this mitzvah (all derived from the same words of the verse) [all these rules apply in capital cases only]:
One who originally argued in favor of the defendant may not afterwards argue to incriminate [though he may personally change his mind and vote to convict].
When hearing a capital case, the judges must open the proceedings with words in defense of the defendant.
If exculpatory evidence is found after a guilty verdict has been handed down, the verdict is discarded, and the court reconvenes to consider the new evidence. The inverse is not true—once a person is vindicated, he cannot be retried.
When the time comes for the judges to state their arguments [for or against the defendant], we do not start with the greatest of the judges [lest the others be influenced by his opinion].
The 283rd prohibition is that a judge is forbidden to rely on the opinion on another judge — either to convict or to acquit — without investigating the case independently and formulating his own opinion and analysis based upon principles of law.
The source of this prohibition is G‑d's statement,1 "Do not speak up in a trial lintos."2 This means that in a trial, one should not merely choose an opinion to follow — e.g. that of the majority or of the higher judges — refraining from offering your own opinion in that case.
In the words of the Mechilta:3 "The verse 'Do not speak up in a trial lintos' teaches that when the votes are cast, you should not say to yourself, 'it's good enough to say the same as Rabbi so-and-so.' Rather, you should give your own opinion. One might think that the same law governs financial cases. The Torah therefore adds, 'A case must be decided based on majority rule.' "
From this prohibition it is also derived that after giving a vote of acquittal, a judge may not change his opinion to one of guilt. This is also conveyed by G‑d's statement (exalted be He), "Do not speak up in a trial lintos," i.e. your speech should not turn him towards conviction.
So too, from this verse it is derived that "capital cases may not be opened by the prosecution, as it is written, 'Do not speak up in a trial lintos'"; that a case may be reopened for acquittal [after conviction], but not for conviction [after acquittal]; and that [when the judges declare their verdict] they should not start from the eldest judge. All these laws are derived from the verse, "Do not speak up in a trial lintos," as explained in the 4th chapter of tractate Sanhedrin, where the details of this mitzvah are given.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ibid., 23:2.
2.Literally "to turn," meaning here "to turn after someone else's opinion" or "to follow."
3.Mechilta D'Rashbi.
Positive Commandment 229 (Digest)
Execution by Stoning
"And you shall stone them with stones that they die"—Deuteronomy 22:24.
Transgressors of certain sins are to be executed via lapidation.
The 229th mitzvah is that we are commanded to execute by stoning1 those who transgress certain mitzvos.
The source of this prohibition is G‑d's statement2 (exalted be He), "They shall be put to death by stoning." I will point out the mitzvos which are punishable by stoning when listing the prohibitions.
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Although literally translated as "stoning," it actually consisted of being thrown from a high platform. Only if the person did not die from the fall were actual stones used.
2.Deut. 22:24.
Positive Commandment 228 (Digest)
Execution by Burning
"They shall be burnt with fire both he and they"—Leviticus 20:14.
Transgressors of certain sins are to be executed via burning [of their innards].
The 228th prohibition is that we are commanded to execute by burning1 those who transgress certain mitzvos.
The source of this prohibition is G‑d's statement2 (exalted be He), "both he and they shall be burned with fire." I will point out the mitzvos which are punishable by sereifa when listing the prohibitions.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Although literally translated as "burning," it actually consisted of pouring molten metal down the convict's throat.
2.Lev. 20:14.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
"[The sin] shall surely be avenged"—Exodus 21:20.
Transgressors of certain sins are to be executed via decapitation.
Execution by Beheading
Positive Commandment 226
Translated by Berel Bell
The 226th mitzvah is that we are commanded to execute by the sword1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), [the death] "must be avenged."
In our list of the prohibitions we will point out which mitzvos are punishable by decapitation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.This was beheading, as written below. See Hilchos Sanhedrin 15:4.
2.Ex. 21:20. This verse refers to a man who murders his servant, which is a capital offense. The special term used to describe his execution ("avenge") refers to beheading.
Positive Commandment 227
Execution by Strangulation
"He shall be put to death"—Exodus 21:16.
Transgressors of certain sins are to be executed via strangulation.
Execution by Strangulation
Positive Commandment 227
Translated by Berel Bell
The 227th mitzvah is that we are commanded to execute by strangulation1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), "He shall be put to death."3
In our list of the prohibitions we will point out which mitzvos are punishable by strangulation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.The person's neck was wrapped with a stiff cloth, which was pulled from both ends until he expired. See Hilchos Sanhedrin 15:5.
2.Ex. 21:15.
3.The Oral Tradition indicates that when the Torah mentions execution, it means chenek unless indicated otherwise. See Hilchos Sanhedrin 14:1.
Positive Commandment 230
Hanging
"And you shall hang him on a wood[en pole]"—Deuteronomy 21:22.
We are commanded to hang the corpses of certain criminals executed by the courts. (See Negative Commandment 66.)
Hanging
Positive Commandment 230
Translated by Berel Bell
The 230th mitzvah is that we are commanded to hang certain individuals who have been executed by the High Court.1
The source of this commandment is G‑d's statement2 (exalted be He), "You must hang him on a gallows."
In our list of the prohibitions we will point out for which mitzvos the transgressor is hung.3
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.4
FOOTNOTES
1.I.e. after they have been executed, they are hung publicly. The person is hung up just before sunset and taken down immediately thereafter. See Hilchos Sanhedrin 15:6-7.
2.Deut. 21:22.
3.I.e. Cursing G‑d and worshipping idols. See Hilchos Sanhedrin 15:6.
4.46a.
Positive Commandment 231
Burying the Dead
"You shall surely bury him on the same day"—Deuteronomy 21:23.
We are commanded to bury those executed by the courts on the same day of their execution.
The same applies to all dead—every Jewish deceased must be buried on the day of the passing. (This is why a person who died with no one to care for his interment is called a "met mitzvah" (a "mitzvah corpse"), because it is a mitzvah on everyone to ensure that he is buried.)
Burying the Dead
Positive Commandment 231
Translated by Berel Bell
The 231st mitzvah is that we are commanded to bury those who have been executed by the High Court on the same day of their execution.
The source of this commandment is G‑d's statement1 (exalted be He), "[You may not allow his body to remain on the gallows overnight,] you must certainly bury him on the same day."
The Sifri2 says, "The phrase, 'You must certainly bury him' is a positive commandment."
This law applies to all deceased; every Jew should be buried on the day in which he passes away. This is the reason why a person who has nobody to arrange his burial is called a "meis mitzvah." This means that he is a meis (dead person) for which the mitzvah is on every individual to bury. [The mitzvah referred to is] G‑d's statement (exalted be He), "You must certainly bury him [on the same day]."
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.3
FOOTNOTES
1.Deut. 21:23.
2.Ibid.
3.46a.
"His body shall not remain all night upon the tree"—Deuteronomy 21:23.
It is forbidden to leave a corpse that was hung by the courts hanging overnight.
This because only two offenses are punishable by hanging [post execution]: idolatry and blaspheme. As such, someone seeing the hanging corpse might contemplate the reason why the individual was hanged, and will come to blaspheme G‑d in his thoughts.
[This prohibition also includes leaving any Jewish corpse unburied overnight, unless the delay in the internment is in honor of the deceased; e.g., to allow time for relatives to arrive for the funeral.]
Leaving a Corpse Hanging Overnight
Negative Commandment 66
Translated by Berel Bell
The 66th prohibition is that we are forbidden from leaving a person hung on a tree [after being executed by the High Court1] overnight. This is to prevent a person who would see him from repeating in his thought a curse against G‑d, since the only ones who are hanged are those who cursed G‑d or who worshipped idols. The verse also terms the latter as having "cursed G‑d."2
The source of this prohibition is G‑d's statement,3 "You may not allow his body to remain on the gallows overnight."
The Sifri4 says, "The phrase, 'You may not allow his body to remain on the gallows overnight,' is a prohibition.
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.5
FOOTNOTES
1.See P231 above.
2.Num. 15:30. Therefore one who sees an idol worshipper hanging will think about what curse he said, and thereby repeat the "curse" in his thought.
3.Deut. 21:23.
4.Ibid.
5.45b.
Negative Commandment 310
Allowing a Sorcerer to Live
"You shall not allow a witch to live"—Exodus 22:17.
It is forbidden to allow a sorcerer to live [rather, he must be put to death].
Allowing a Sorcerer to Live
Negative Commandment 310
Translated by Berel Bell
The 310th prohibition is that we are forbidden from allowing a sorceress to live.
The source of this prohibition is G‑d's statement,1 "Do not allow a sorceress to live."
If we would exempt a sorceress from the death penalty, we would transgress a prohibition. This is unlike exempting from execution another type of transgressor, which would constitute only the nullification of a positive commandment.2
Negative Commandment 311
FOOTNOTES
1.Ex. 22:17.
2.Not a prohibition, as in the case of a sorceress. The positive commandment nullified would be the one for that particular type of execution (P226-P229; Lessons 314-415).
Positive Commandment 224
Punishment by Flogging
"The judge shall make him lean over and flog him in front of him"—Deuteronomy 25:2.
Transgressors of certain sins are to be punished with flogging.
Punishment by Flogging
Positive Commandment 224
Translated by Berel Bell
The 224th mitzvah is that we are commanded to lash with a strap those who transgress certain commandments.
The source of this commandment is G‑d's statement1 (exalted be He), "The judge shall make him lean over and have him flogged."
In our list of the prohibitions we will point out which mitzvos are punishable by flogging.
The details of this mitzvah are explained in tractate Makkos.2
FOOTNOTES
1.Deut. 25:2.
2.Chapter 3.
"He shall give him forty lashes; he may not exceed"—Deuteronomy 25:2-3.
A judge may not sentence a person (found guilty of an offense that calls for flogging) to be flogged even one lash more than his body can physically bear.
A person who is sentenced to flogging is given 39 lashes. However, no person is flogged until [a doctor] estimates how many lashes the defendant can bear—taking in consideration his age, constitution and physique. If the defendant cannot bear the full 39 lashes, he is given as many as he is capable of receiving—not less, however, than three lashes. [In the event that he is only capable of bearing less than three lashes, he is not flogged at all.]
Included in this prohibition is adding even one lash on the 39 requisite lashes [even for one capable of bearing it].
Also included in this mitzvah is the prohibition against striking a fellow Jew. If we are admonished not to strike a sinner [more than he deserves], how much more so the innocent!
It is even forbidden to raise one's hand against a fellow, threatening to strike, even if one has no intention of actually hitting. As our Sages say, "One who [just] raises his hands on his fellow is called evil."
Flogging a Defendant more than He can Bear
Negative Commandment 300
Translated by Berel Bell
The 300th prohibition is that a judge is forbidden [to order] to lash a transgressor so severely as to threaten his physical integrity. The explanation of this is as follows: one who is to be punished by lashing receives a maximum of 40 lashes [i.e. 39,] as explained in the Oral Tradition.1 But a person is never given lashes before his tolerance is determined in accordance with his age, condition, and size. If he will be able to survive the full number of lashes, they are all administered. If he will not survive the full number, he is given as many lashes as [it is estimated that] he is able to take — with a minimum of three. This is learned from G‑d's statement, (exalted be He),2 "[have him flogged] according to his wickedness." The maximum number of lashes is 39,3 and this prohibition comes to forbid even one extra lash above the number determined by the judge.
The source of this prohibition is G‑d's statement4 (exalted be He), "[Have him flogged] according to his wickedness. Do not go beyond the limit and give him forty lashes."
The Sifri5 says, "If one adds on to the number of lashes, one transgresses a prohibition. This teaches the prohibition only for one who adds on to the 40 lashes. What is the source of the prohibition for one who adds on the estimation of the High Court? From the phrase, 'Do not go beyond the limit.' "
This prohibition also forbids one to strike any Jew:6 If it is prohibited even to strike a transgressor [even one extra time] how much moreso for striking another person! Our Sages also prohibited one from threatening to hit another, even without actually doing so. They said,7 "Anyone who lifts his hand against another to strike him is called wicked, as it is written,8 'And he said to the wicked one, Why did you hit your neighbor?' "
FOOTNOTES
1.He is actually given no more than 39 lashes. See Kapach, 5731, footnote 60.
2.Deut. 25:2. See Sanhedrin 23a.
3.This is because the lashes must be given in multiples of three; anything beyond 39 would exceed 40.
4.Deut. 25:2-3.
5.Ibid.
6.Sanhedrin 85a.
7.Ibid., 58b.
8.Ex. 2:13. In this case, the person had only lifted his hand, and not yet struck the other.
Negative Commandment 294 (Digest)
Punishing an Individual Coerced to Sin
"But to the girl you shall do nothing"—Deuteronomy 22:26.
It is forbidden to punish a person for the commission of a sin which he was coerced to do.
The 294th prohibition is that we are forbidden from punishing a person who was forced to commit a transgression, since the act was done unwillingly.
The source of this prohibition is G‑d's statement1 (exalted be He), "You must not impose any penalty upon the girl."
Our Sages said in tractate Sanhedrin,2 "The Torah exempts a person in the case of force, as it is written,3 'You must not impose any penalty whatsoever upon the girl.' "
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 22:26. The previous verses (ibid,. 23-24) speak of a young married woman who committed adultery, in which case both she and the man are punished. This verse speaks of a case of rape, to say that only he is punished, not her.
2.Our versions of tractate Sanhedrin do not contain this statement. It is found in Nedarim 67a, Bava Kama 28b, and Avodah Zorah 54a. See Kapach 5731, footnote 39.
3.Deut., ibid.
Negative Commandment 290 (Digest)
Issuing a Punitive Sentence Based on Circumstantial Evidence
"And an innocent and righteous person you shall not slay"—Exodus 23:7.
We are forbidden to punish an individual based on circumstantial evidence, even if the person's guilt is virtually certain.
For example: A person was pursuing his enemy with the intent to murder him. The pursued escaped into a house, followed by the pursuer. Witnesses then enter the house and find the victim lying murdered, still convulsing, and the pursuer standing over him holding a knife—both people covered with blood. The courts may not execute the pursuer since there were no witnesses who actually saw the murder.
Though this law might seem unjust [as it will inevitably lead to the exoneration of certain criminals], here's the rationale:
In the realm of the possible, some possibilities are extremely probable, some are extremely unlikely, and then there's the full broad gamut of possibilities that fall somewhere between these two extremes. If the Torah were to allow the courts to punish an individual in an instance where the probability of guilt is almost definite (similar to the above example), then the courts would also come to punish in cases in which the guilt is less and less probable, until they would execute defendants based on flimsy estimation according to the judge's imagination.
Therefore G‑d "closed the door" to this possibility and forbade any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.
If we do not inflict punishment, even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was implemented based on circumstantial evidence, it is possible that someday an innocent person would be executed. And it is preferable that a thousand guilty people be set free than to execute one innocent person.
Similarly, if two witnesses testified that a person committed two different capital offenses, each one having seen only one of the acts – e.g., one witness testified that he saw a person working on Shabbat, and another witness testified that he saw the person worshipping idols – that person cannot be executed.
The 290th prohibition is that we are forbidden from punishing someone based on our estimation [without actual testimony], even if his guilt is virtually certain. An example of this is a person who was chasing after his enemy to kill him. The pursued escaped into a house and the pursuer entered the house after him. We enter the house after them and find the victim lying murdered, with the pursuer standing over him holding a knife, with both covered with blood. The Sanhedrin may not inflict the death penalty1 on this pursuer since there were no witnesses who actually saw the murder.
The Torah of Truth (Toras Emess) comes to prohibit his execution with G‑d's statement2 (exalted be He), "Do not kill a person who has not been proven guilty."
Our Sages said in Mechilta:3 "If they saw him chasing after another to kill him and they warned him, saying, 'He is a Jew, a son of the Covenant! If you kill him you will be executed!' If the two went out of sight and they found one murdered, with the sword in the murderer's hand dripping blood, one might think that he can be executed. The Torah therefore says, 'Do not kill a person who has not been proven guilty.' "
Do not question this law and think that it is unjust, for there are some possibilities that are extremely probable, others that are extremely unlikely, and others in between. The category of "possible" is very broad, and if the Torah allowed the High Court to punish when the offense was very probable and almost definite (similar to the above example), then they would carry out punishment in cases which were less and less probable, until people would be constantly4 executed based on flimsy estimation and the judges' imagination. G‑d (exalted be He), therefore "closed the door" to this possibility and forbid any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.
If we do not inflict punishment even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was given based on estimation and circumstantial evidence,5 it is possible that someday an innocent person would be executed. And it is preferable and more proper6 that even a thousand guilty people be set free than to someday execute even one innocent person.
Similarly, if two witnesses testified that the person committed two capital offenses, but each one saw only one act and not the other, he cannot be executed. For example: One witness testified that he saw a person doing a melachah on Shabbos and warned him not to. Another witness testified that he saw the person worshipping idols and warned him not to. This person cannot be executed by stoning.7 Our Sages said,8 "If one witness testified that he worshipped the sun and the other testified that he worshipped the moon, one might think that they can joined together.9 The Torah therefore said, 'Do not kill a person who has not been proven guilty.'"
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.They are allowed, however, in extreme circumstances, to order him executed as an emergency measure.
2.Ex. 23:7.
3.Ibid.
4.See Kapach, 5731, footnote 21, that the correct translation of the Arabic tzara is tamid (constantly), rather than the translation in the 5718 Rav Kook edition, b'avel. Chavel, following that version, translates "unwarrantable presumptions."
5.See Kapach, 5731, footnote 23, that this is the correct translation of the Arabic k'ra'in rather than the translation in the 5718 Rav Kook edition, dimui. Chavel, following that version, translates "suppositions."
6.See Kapach, 5731, footnote 24, translates ratzui, but writes that he could not find an equivalent Hebrew word, since the Arabic achut indicates taking extra precautions to avoid executing an innocent person.
7.Literally "stoning." See P229.
8.Mechilta, loc cit.
9.I.e. that there are two witnesses that he worshipped idols.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
________________________________________
, Daily Mitzvah N282, N283, P229, P228, P226, P227, P230, P231, N66, P224, N310, N300, N294, N290 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 26 & Thursday, 27 & Friday, 28 & Shabbat 29 Cheshvan 5775 • 19 & 20 & 21 & 22 November 2014
Negative Commandment 282 (Digest)
Issuing a Capital Verdict by a One-Vote Majority
"You shall not follow the majority for evil"—Exodus 23:2.
It is forbidden for a judge in a capital case to follow the majority decisions if the majority is only one vote greater than the minority. I.e., if there's disagreement between the judges whether an individual is deserving of capital punishment, and the group of judges that wishes to convict is one vote more than the group that wishes to acquit—it is forbidden to execute the defendant.
The 282nd prohibition is that a judge is forbidden from following majority rule [in a capital case] if there is only a majority of one. This means that if judges disagree regarding a transgressor — some saying that he should be executed and others saying that he should not, and those saying guilty are a majority of one — it is forbidden to execute him. G‑d has forbidden the judge from executing him until there is a majority of two.
The source of this prohibition is G‑d's statement,1 "Do not follow the majority to do evil." This means, "Do not follow just any majority in a capital case," which is the intention of the phrase "to do evil." In the words of the Mechilta, "If 11 judges rule he is innocent and 12 judges that he is guilty, I would think that he is guilty. The Torah therefore says, 'Do not follow the majority to do evil.' " It is also written there, "You can rule in his favor with a majority of one, and against him with a majority of two."
The details of this mitzvah are explained in the 4th chapter of tractate Sanhedrin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ex. 23:2.
Negative Commandment 283 (Digest)
Independent Judicial Opinions
"You shall not respond concerning a lawsuit to follow"—Exodus 23:2.
A judge is forbidden to rely upon the reasoning presented by a fellow judge, to convict or acquit a defendant, without himself examining and analyzing the issue based on the case's foundations. He may not say, "I'm satisfied to simply agree with the opinion of the other great judge." Rather, each judge must state the opinion that he independently arrived at.
Another few laws are included in this mitzvah (all derived from the same words of the verse) [all these rules apply in capital cases only]:
One who originally argued in favor of the defendant may not afterwards argue to incriminate [though he may personally change his mind and vote to convict].
When hearing a capital case, the judges must open the proceedings with words in defense of the defendant.
If exculpatory evidence is found after a guilty verdict has been handed down, the verdict is discarded, and the court reconvenes to consider the new evidence. The inverse is not true—once a person is vindicated, he cannot be retried.
When the time comes for the judges to state their arguments [for or against the defendant], we do not start with the greatest of the judges [lest the others be influenced by his opinion].
The 283rd prohibition is that a judge is forbidden to rely on the opinion on another judge — either to convict or to acquit — without investigating the case independently and formulating his own opinion and analysis based upon principles of law.
The source of this prohibition is G‑d's statement,1 "Do not speak up in a trial lintos."2 This means that in a trial, one should not merely choose an opinion to follow — e.g. that of the majority or of the higher judges — refraining from offering your own opinion in that case.
In the words of the Mechilta:3 "The verse 'Do not speak up in a trial lintos' teaches that when the votes are cast, you should not say to yourself, 'it's good enough to say the same as Rabbi so-and-so.' Rather, you should give your own opinion. One might think that the same law governs financial cases. The Torah therefore adds, 'A case must be decided based on majority rule.' "
From this prohibition it is also derived that after giving a vote of acquittal, a judge may not change his opinion to one of guilt. This is also conveyed by G‑d's statement (exalted be He), "Do not speak up in a trial lintos," i.e. your speech should not turn him towards conviction.
So too, from this verse it is derived that "capital cases may not be opened by the prosecution, as it is written, 'Do not speak up in a trial lintos'"; that a case may be reopened for acquittal [after conviction], but not for conviction [after acquittal]; and that [when the judges declare their verdict] they should not start from the eldest judge. All these laws are derived from the verse, "Do not speak up in a trial lintos," as explained in the 4th chapter of tractate Sanhedrin, where the details of this mitzvah are given.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ibid., 23:2.
2.Literally "to turn," meaning here "to turn after someone else's opinion" or "to follow."
3.Mechilta D'Rashbi.
Positive Commandment 229 (Digest)
Execution by Stoning
"And you shall stone them with stones that they die"—Deuteronomy 22:24.
Transgressors of certain sins are to be executed via lapidation.
The 229th mitzvah is that we are commanded to execute by stoning1 those who transgress certain mitzvos.
The source of this prohibition is G‑d's statement2 (exalted be He), "They shall be put to death by stoning." I will point out the mitzvos which are punishable by stoning when listing the prohibitions.
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Although literally translated as "stoning," it actually consisted of being thrown from a high platform. Only if the person did not die from the fall were actual stones used.
2.Deut. 22:24.
Positive Commandment 228 (Digest)
Execution by Burning
"They shall be burnt with fire both he and they"—Leviticus 20:14.
Transgressors of certain sins are to be executed via burning [of their innards].
The 228th prohibition is that we are commanded to execute by burning1 those who transgress certain mitzvos.
The source of this prohibition is G‑d's statement2 (exalted be He), "both he and they shall be burned with fire." I will point out the mitzvos which are punishable by sereifa when listing the prohibitions.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Although literally translated as "burning," it actually consisted of pouring molten metal down the convict's throat.
2.Lev. 20:14.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
Positive Commandment 226
Execution by Beheading"[The sin] shall surely be avenged"—Exodus 21:20.
Transgressors of certain sins are to be executed via decapitation.
Execution by Beheading
Positive Commandment 226
Translated by Berel Bell
The 226th mitzvah is that we are commanded to execute by the sword1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), [the death] "must be avenged."
In our list of the prohibitions we will point out which mitzvos are punishable by decapitation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.This was beheading, as written below. See Hilchos Sanhedrin 15:4.
2.Ex. 21:20. This verse refers to a man who murders his servant, which is a capital offense. The special term used to describe his execution ("avenge") refers to beheading.
Positive Commandment 227
Execution by Strangulation
"He shall be put to death"—Exodus 21:16.
Transgressors of certain sins are to be executed via strangulation.
Execution by Strangulation
Positive Commandment 227
Translated by Berel Bell
The 227th mitzvah is that we are commanded to execute by strangulation1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), "He shall be put to death."3
In our list of the prohibitions we will point out which mitzvos are punishable by strangulation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.The person's neck was wrapped with a stiff cloth, which was pulled from both ends until he expired. See Hilchos Sanhedrin 15:5.
2.Ex. 21:15.
3.The Oral Tradition indicates that when the Torah mentions execution, it means chenek unless indicated otherwise. See Hilchos Sanhedrin 14:1.
Positive Commandment 230
Hanging
"And you shall hang him on a wood[en pole]"—Deuteronomy 21:22.
We are commanded to hang the corpses of certain criminals executed by the courts. (See Negative Commandment 66.)
Hanging
Positive Commandment 230
Translated by Berel Bell
The 230th mitzvah is that we are commanded to hang certain individuals who have been executed by the High Court.1
The source of this commandment is G‑d's statement2 (exalted be He), "You must hang him on a gallows."
In our list of the prohibitions we will point out for which mitzvos the transgressor is hung.3
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.4
FOOTNOTES
1.I.e. after they have been executed, they are hung publicly. The person is hung up just before sunset and taken down immediately thereafter. See Hilchos Sanhedrin 15:6-7.
2.Deut. 21:22.
3.I.e. Cursing G‑d and worshipping idols. See Hilchos Sanhedrin 15:6.
4.46a.
Positive Commandment 231
Burying the Dead
"You shall surely bury him on the same day"—Deuteronomy 21:23.
We are commanded to bury those executed by the courts on the same day of their execution.
The same applies to all dead—every Jewish deceased must be buried on the day of the passing. (This is why a person who died with no one to care for his interment is called a "met mitzvah" (a "mitzvah corpse"), because it is a mitzvah on everyone to ensure that he is buried.)
Burying the Dead
Positive Commandment 231
Translated by Berel Bell
The 231st mitzvah is that we are commanded to bury those who have been executed by the High Court on the same day of their execution.
The source of this commandment is G‑d's statement1 (exalted be He), "[You may not allow his body to remain on the gallows overnight,] you must certainly bury him on the same day."
The Sifri2 says, "The phrase, 'You must certainly bury him' is a positive commandment."
This law applies to all deceased; every Jew should be buried on the day in which he passes away. This is the reason why a person who has nobody to arrange his burial is called a "meis mitzvah." This means that he is a meis (dead person) for which the mitzvah is on every individual to bury. [The mitzvah referred to is] G‑d's statement (exalted be He), "You must certainly bury him [on the same day]."
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.3
FOOTNOTES
1.Deut. 21:23.
2.Ibid.
3.46a.
Negative Commandment 66
Leaving a Corpse Hanging Overnight"His body shall not remain all night upon the tree"—Deuteronomy 21:23.
It is forbidden to leave a corpse that was hung by the courts hanging overnight.
This because only two offenses are punishable by hanging [post execution]: idolatry and blaspheme. As such, someone seeing the hanging corpse might contemplate the reason why the individual was hanged, and will come to blaspheme G‑d in his thoughts.
[This prohibition also includes leaving any Jewish corpse unburied overnight, unless the delay in the internment is in honor of the deceased; e.g., to allow time for relatives to arrive for the funeral.]
Leaving a Corpse Hanging Overnight
Negative Commandment 66
Translated by Berel Bell
The 66th prohibition is that we are forbidden from leaving a person hung on a tree [after being executed by the High Court1] overnight. This is to prevent a person who would see him from repeating in his thought a curse against G‑d, since the only ones who are hanged are those who cursed G‑d or who worshipped idols. The verse also terms the latter as having "cursed G‑d."2
The source of this prohibition is G‑d's statement,3 "You may not allow his body to remain on the gallows overnight."
The Sifri4 says, "The phrase, 'You may not allow his body to remain on the gallows overnight,' is a prohibition.
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.5
FOOTNOTES
1.See P231 above.
2.Num. 15:30. Therefore one who sees an idol worshipper hanging will think about what curse he said, and thereby repeat the "curse" in his thought.
3.Deut. 21:23.
4.Ibid.
5.45b.
Negative Commandment 310
Allowing a Sorcerer to Live
"You shall not allow a witch to live"—Exodus 22:17.
It is forbidden to allow a sorcerer to live [rather, he must be put to death].
Allowing a Sorcerer to Live
Negative Commandment 310
Translated by Berel Bell
The 310th prohibition is that we are forbidden from allowing a sorceress to live.
The source of this prohibition is G‑d's statement,1 "Do not allow a sorceress to live."
If we would exempt a sorceress from the death penalty, we would transgress a prohibition. This is unlike exempting from execution another type of transgressor, which would constitute only the nullification of a positive commandment.2
Negative Commandment 311
FOOTNOTES
1.Ex. 22:17.
2.Not a prohibition, as in the case of a sorceress. The positive commandment nullified would be the one for that particular type of execution (P226-P229; Lessons 314-415).
Positive Commandment 224
Punishment by Flogging
"The judge shall make him lean over and flog him in front of him"—Deuteronomy 25:2.
Transgressors of certain sins are to be punished with flogging.
Punishment by Flogging
Positive Commandment 224
Translated by Berel Bell
The 224th mitzvah is that we are commanded to lash with a strap those who transgress certain commandments.
The source of this commandment is G‑d's statement1 (exalted be He), "The judge shall make him lean over and have him flogged."
In our list of the prohibitions we will point out which mitzvos are punishable by flogging.
The details of this mitzvah are explained in tractate Makkos.2
FOOTNOTES
1.Deut. 25:2.
2.Chapter 3.
Negative Commandment 300
Flogging a Defendant more than He can Bear"He shall give him forty lashes; he may not exceed"—Deuteronomy 25:2-3.
A judge may not sentence a person (found guilty of an offense that calls for flogging) to be flogged even one lash more than his body can physically bear.
A person who is sentenced to flogging is given 39 lashes. However, no person is flogged until [a doctor] estimates how many lashes the defendant can bear—taking in consideration his age, constitution and physique. If the defendant cannot bear the full 39 lashes, he is given as many as he is capable of receiving—not less, however, than three lashes. [In the event that he is only capable of bearing less than three lashes, he is not flogged at all.]
Included in this prohibition is adding even one lash on the 39 requisite lashes [even for one capable of bearing it].
Also included in this mitzvah is the prohibition against striking a fellow Jew. If we are admonished not to strike a sinner [more than he deserves], how much more so the innocent!
It is even forbidden to raise one's hand against a fellow, threatening to strike, even if one has no intention of actually hitting. As our Sages say, "One who [just] raises his hands on his fellow is called evil."
Flogging a Defendant more than He can Bear
Negative Commandment 300
Translated by Berel Bell
The 300th prohibition is that a judge is forbidden [to order] to lash a transgressor so severely as to threaten his physical integrity. The explanation of this is as follows: one who is to be punished by lashing receives a maximum of 40 lashes [i.e. 39,] as explained in the Oral Tradition.1 But a person is never given lashes before his tolerance is determined in accordance with his age, condition, and size. If he will be able to survive the full number of lashes, they are all administered. If he will not survive the full number, he is given as many lashes as [it is estimated that] he is able to take — with a minimum of three. This is learned from G‑d's statement, (exalted be He),2 "[have him flogged] according to his wickedness." The maximum number of lashes is 39,3 and this prohibition comes to forbid even one extra lash above the number determined by the judge.
The source of this prohibition is G‑d's statement4 (exalted be He), "[Have him flogged] according to his wickedness. Do not go beyond the limit and give him forty lashes."
The Sifri5 says, "If one adds on to the number of lashes, one transgresses a prohibition. This teaches the prohibition only for one who adds on to the 40 lashes. What is the source of the prohibition for one who adds on the estimation of the High Court? From the phrase, 'Do not go beyond the limit.' "
This prohibition also forbids one to strike any Jew:6 If it is prohibited even to strike a transgressor [even one extra time] how much moreso for striking another person! Our Sages also prohibited one from threatening to hit another, even without actually doing so. They said,7 "Anyone who lifts his hand against another to strike him is called wicked, as it is written,8 'And he said to the wicked one, Why did you hit your neighbor?' "
FOOTNOTES
1.He is actually given no more than 39 lashes. See Kapach, 5731, footnote 60.
2.Deut. 25:2. See Sanhedrin 23a.
3.This is because the lashes must be given in multiples of three; anything beyond 39 would exceed 40.
4.Deut. 25:2-3.
5.Ibid.
6.Sanhedrin 85a.
7.Ibid., 58b.
8.Ex. 2:13. In this case, the person had only lifted his hand, and not yet struck the other.
Negative Commandment 294 (Digest)
Punishing an Individual Coerced to Sin
"But to the girl you shall do nothing"—Deuteronomy 22:26.
It is forbidden to punish a person for the commission of a sin which he was coerced to do.
The 294th prohibition is that we are forbidden from punishing a person who was forced to commit a transgression, since the act was done unwillingly.
The source of this prohibition is G‑d's statement1 (exalted be He), "You must not impose any penalty upon the girl."
Our Sages said in tractate Sanhedrin,2 "The Torah exempts a person in the case of force, as it is written,3 'You must not impose any penalty whatsoever upon the girl.' "
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 22:26. The previous verses (ibid,. 23-24) speak of a young married woman who committed adultery, in which case both she and the man are punished. This verse speaks of a case of rape, to say that only he is punished, not her.
2.Our versions of tractate Sanhedrin do not contain this statement. It is found in Nedarim 67a, Bava Kama 28b, and Avodah Zorah 54a. See Kapach 5731, footnote 39.
3.Deut., ibid.
Negative Commandment 290 (Digest)
Issuing a Punitive Sentence Based on Circumstantial Evidence
"And an innocent and righteous person you shall not slay"—Exodus 23:7.
We are forbidden to punish an individual based on circumstantial evidence, even if the person's guilt is virtually certain.
For example: A person was pursuing his enemy with the intent to murder him. The pursued escaped into a house, followed by the pursuer. Witnesses then enter the house and find the victim lying murdered, still convulsing, and the pursuer standing over him holding a knife—both people covered with blood. The courts may not execute the pursuer since there were no witnesses who actually saw the murder.
Though this law might seem unjust [as it will inevitably lead to the exoneration of certain criminals], here's the rationale:
In the realm of the possible, some possibilities are extremely probable, some are extremely unlikely, and then there's the full broad gamut of possibilities that fall somewhere between these two extremes. If the Torah were to allow the courts to punish an individual in an instance where the probability of guilt is almost definite (similar to the above example), then the courts would also come to punish in cases in which the guilt is less and less probable, until they would execute defendants based on flimsy estimation according to the judge's imagination.
Therefore G‑d "closed the door" to this possibility and forbade any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.
If we do not inflict punishment, even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was implemented based on circumstantial evidence, it is possible that someday an innocent person would be executed. And it is preferable that a thousand guilty people be set free than to execute one innocent person.
Similarly, if two witnesses testified that a person committed two different capital offenses, each one having seen only one of the acts – e.g., one witness testified that he saw a person working on Shabbat, and another witness testified that he saw the person worshipping idols – that person cannot be executed.
The 290th prohibition is that we are forbidden from punishing someone based on our estimation [without actual testimony], even if his guilt is virtually certain. An example of this is a person who was chasing after his enemy to kill him. The pursued escaped into a house and the pursuer entered the house after him. We enter the house after them and find the victim lying murdered, with the pursuer standing over him holding a knife, with both covered with blood. The Sanhedrin may not inflict the death penalty1 on this pursuer since there were no witnesses who actually saw the murder.
The Torah of Truth (Toras Emess) comes to prohibit his execution with G‑d's statement2 (exalted be He), "Do not kill a person who has not been proven guilty."
Our Sages said in Mechilta:3 "If they saw him chasing after another to kill him and they warned him, saying, 'He is a Jew, a son of the Covenant! If you kill him you will be executed!' If the two went out of sight and they found one murdered, with the sword in the murderer's hand dripping blood, one might think that he can be executed. The Torah therefore says, 'Do not kill a person who has not been proven guilty.' "
Do not question this law and think that it is unjust, for there are some possibilities that are extremely probable, others that are extremely unlikely, and others in between. The category of "possible" is very broad, and if the Torah allowed the High Court to punish when the offense was very probable and almost definite (similar to the above example), then they would carry out punishment in cases which were less and less probable, until people would be constantly4 executed based on flimsy estimation and the judges' imagination. G‑d (exalted be He), therefore "closed the door" to this possibility and forbid any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.
If we do not inflict punishment even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was given based on estimation and circumstantial evidence,5 it is possible that someday an innocent person would be executed. And it is preferable and more proper6 that even a thousand guilty people be set free than to someday execute even one innocent person.
Similarly, if two witnesses testified that the person committed two capital offenses, but each one saw only one act and not the other, he cannot be executed. For example: One witness testified that he saw a person doing a melachah on Shabbos and warned him not to. Another witness testified that he saw the person worshipping idols and warned him not to. This person cannot be executed by stoning.7 Our Sages said,8 "If one witness testified that he worshipped the sun and the other testified that he worshipped the moon, one might think that they can joined together.9 The Torah therefore said, 'Do not kill a person who has not been proven guilty.'"
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.They are allowed, however, in extreme circumstances, to order him executed as an emergency measure.
2.Ex. 23:7.
3.Ibid.
4.See Kapach, 5731, footnote 21, that the correct translation of the Arabic tzara is tamid (constantly), rather than the translation in the 5718 Rav Kook edition, b'avel. Chavel, following that version, translates "unwarrantable presumptions."
5.See Kapach, 5731, footnote 23, that this is the correct translation of the Arabic k'ra'in rather than the translation in the 5718 Rav Kook edition, dimui. Chavel, following that version, translates "suppositions."
6.See Kapach, 5731, footnote 24, translates ratzui, but writes that he could not find an equivalent Hebrew word, since the Arabic achut indicates taking extra precautions to avoid executing an innocent person.
7.Literally "stoning." See P229.
8.Mechilta, loc cit.
9.I.e. that there are two witnesses that he worshipped idols.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
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Rambam:
• 1 Chapter a Day: Avel - Chapter 1 & Avel Avel - Chapter 2 & Avel - Chapter 3 & Avel - Chapter 4Avel - Chapter 1
HILCHOT EVEL
They include four mitzvot: one positive commandment and three negative commandments:
They are:
1. To mourn for one's close relatives; even a priest must become impure and mourns for his close relatives. A person should not mourn for individuals executed by the court. For this reason, I have included these laws in this book,2 for they relate to the mitzvah of burying the dead on the day of their passing which is a positive commandment.3 2. For a High Priest not to become impure because of his close relatives;
3. For him not to enter under the same shelter as a corpse;
4. For an ordinary priest not to become impure because of a corpse except for that of his close relatives. These mitzvot are explained in the coming chapters.
Halacha 1
It is a positive commandment to mourn for one's close relatives,1 as implied by Leviticus 10:20: "Were I to partake of a sin offering today, would it find favor in God's eyes?" According to Scriptural Law, the obligation to mourn is only on the first day which is the day of the person's death and burial. The remainder of the seven days of mourning are not required by Scriptural Law. Although the Torah states Genesis 50:10: "And he instituted mourning for his father for seven days," when the Torah was given, the laws were renewed.
Moses our teacher ordained for the Jewish people the seven days of mourning and the seven days of wedding celebrations.
Halacha 2
From when is a person obligated to mourn? When the grave is covered. But until the corpse has been buried, a mourner is not bound by any of the prohibitions incumbent on a mourner. For this reason, King David washed and anointed himself when his son died, before he was buried.
Halacha 3
When does the obligation to mourn and count the seven and the thirty days of mourning for people executed by the gentile authorities who they do not allow to be buried? When their relatives despair of asking permission from the king to bury them, even though they did not despair of stealing their corpses to bury them.
Halacha 4
When a person drowned in a river or was consumed by a wild beast, we begin mourning for him when we despair of finding his corpse. If his corpse was found limb by limb, we do not begin counting the days of mourning until his head and the majority of his body is found or they despair of finding the remainder of his corpse.
Halacha 5
When it is customary for people to send a corpse to another city to be buried and they do not know when the burial will take place, from the time they turn back from accompanying the corpse, they are obligated to count the seven and thirty days of mourning and begin mourning rites.
Halacha 6
We do not mourn for stillborn infants. Whenever a human offspring does not live for 30 days, he is considered as stillborn. Even if he died on the thirtieth day, we do not mourn for him.
Halacha 7
If we know for certain that he was born after a full nine months of pregnancy, we mourn for him even if he died on the day of his birth.
Halacha 8
A fetus from a full term pregnancy that was stillborn, a child born in the eighth month of pregnancy who died even after living 30 days, or a fetus that emerged cut or crushed even though it endured a full term pregnancy is considered stillborn. We do not observe mourning rites for them and we do not engage in activity on their behalf.
Halacha 9
We observe mourning rites for all of those executed by the government, even when they were executed by the government's laws and the Torah granted it license to execute them. We don't withhold anything from them. Their estate is given to the government, but they are buried in their ancestral plots.
We do not, by contrast, observe mourning rites for those executed by the court. We do, however, observe the rites of bitter regret (aninut), for aninut is an expression of the feelings in one's heart. They are not buried with their ancestors until their corpses have decomposed. Their estate, however, is granted to their heirs.
Halacha 10
We do not conduct mourning rites for all those who deviate from the path of the community, i.e., people who throw off the yoke of the mitzvot from their necks and do not join together with the Jewish people in the observance of the mitzvot, the honoring of the festivals, or the attendance of synagogues and houses of study. Instead, they are like free and independent people like the other nations. Similarly, we do not mourn for heretics, apostates, and people who inform on Jews to the gentiles. Instead, their brothers and their other relatives wear white clothes, robe themselves in white, eat, drink, and celebrate for the enemies of the Holy One, blessed be He, have perished. Concerning them, Psalms139:21 states: "Those who hate You, O God, will I hate."
Halacha 11
When a person commits suicide, we do not engage in activity on their behalf at all. We do not mourn for him or eulogize him. We do, however, stand in a line to comfort the relatives, recite the blessing for the mourners and perform any act that shows respect for the living.
What is meant by a person who commits suicide? Not necessarily one who climbs up on a roof, falls, and dies, but rather, one who says: "I am going up to the top of the roof." If we see him climb up immediately in anger or know that he was distressed and see him fall and die, we presume such a person is one who committed suicide. If, however, we see him strangled and hanging from a tree or slain and lying on the back of his sword, we presume that he is like all other corpses. We engage in activity on his behalf and do not withhold anything from him.
Avel - Chapter 2
Halacha 1
These are the relatives for whom a person is obligated to mourn according to Scriptural Law: His mother, his father, his son, his daughter, his paternal brother and paternal sister. According to Rabbinic Law, a man should also mourn for his wife if she dies while they are married. And a woman should mourn for her husband. Similarly, a person should mourn for a maternal brother and sister.
Halacha 2
Even a priest who does not become impure for his maternal brother and sister or for his paternal sister who is married, mourns for them. For his married paternal sister who is married, he is required to mourn by Scriptural Law.
Halacha 3
A person who has a son or a brother born by a maid-servant or a gentile woman should not mourn for them at all. Similarly, when a person and his sons convert or a person and his mother are freed from slavery, they do not mourn for each other.
Similarly, a person does not observe either the rites of aninut or the mourning rites for a wife whom he has consecrated, but not married. Similarly, she does not observe either of these rites for him.
Halacha 4
Whenever a person is obligated to mourn for a relative, he also mourns with that relative in his presence according to Rabbinical Law.
What is implied? If a person's grandson, his son's maternal brother, or son's mother dies, he is obligated to rend his garments in the presence of his son and follow the mourning rites while in his presence. Outside his presence, he is not obligated. Similar laws apply with regard to other relatives.
Halacha 5
With regard to a wife with whom one is married: Although one must mourn for her, he does not mourn together with her for her other relatives with the exception of her father and her mother. He observes the rites of mourning for them in her presence.
When a man's father-in-law or mother-in-law dies, he overturns his bed and observes the mourning rites together with his wife within her presence, but not outside her presence. Similarly, when a woman's father-in-law or mother-in-law dies, she observes the rites of mourning in her husband's presence. With regard to other relatives, by contrast, e.g., the brother of one's wife or her son dies or when the brother of one's husband or his son dies, they do not observe the mourning rites in respect for each other.
Similarly, it appears to me that if the wife of a person's relative dies or the husband of one of his relatives, e.g., the wife of one's son or the husband of one's daughter, one need not observe mourning rites for them. Similar concepts apply in all analogous situations.
Halacha 6
See how severe the mitzvah of mourning is! For the prohibition against ritual impurity is superseded so that a priest can tend to his relatives' burial and mourn for them, as Leviticus 21:2-3 states: "Except to one's flesh, to whom he is close, to his mother... to her shall he become impure." This is a positive commandment; if he does not desire to become impure, we force him to become impure against his will.
To whom does the above apply? To males who are commanded against contracting ritual impurity. Different rules apply to female members of the priestly family. Since they are not commanded against contracting ritual impurity, they are also not commanded to become impure when tending to their relatives' burial. If they desire, they may become impure and if not, they do not become impure.
Halacha 7
A priest is forced to contact ritual impurity to tend to his deceased wife. This obligation is Rabbinic in origin. Our Sages had her considered as an unattended corpse. Since she has no other heir aside from him, there will be no one else to tend to her. He becomes impure only for a wife he has married. If he has merely consecrated her, he does not become impure for her.
Halacha 8
Similarly, a priest does not become impure for any of those individuals for whom we do not mourn as stated above: e.g., those executed by the court, those who deviate from the ways of the community, stillborn infants, and those who commit suicide.
Until when does the mitzvah to become impure apply? Until the grave is covered. Once the grave is covered, however, the graves of one's close relatives are like those of any other corpse. If a priest becomes impure for their sake, he should be punished by lashes.
Halacha 9
A priest should not become impure for the sake of a wife whom he is forbidden to marry. Therefore if a woman heard a report that her husband died and hence remarried, and then her first husband came, neither husband should become impure for her sake, for she is forbidden to remain married to either of them.
A priest may, however, become impure for the sake of his mother, even though she is a challalah and he may become impure for the sake of his son, his daughter, his brother and his sister even though they are of tarnished lineage. Even if they are illegitimate, he should become impure for their sake.
Halacha 10
When a priest's sister is married - even to another priest, he does not become impure for her sake, "as Leviticus 21:3 states: "his virgin sister who is close to him who has not been with a man." "Virgin" excludes a girl who has been raped or seduced. Should we also exclude a woman who attain majority or a woman who lost her signs of virginity because of reasons other than relations? The Torah teaches: "who has not been with a man," i.e., excluded is only one who lost her virginity because of a man. "Who has not been with a man" - this also excludes a sister who has been consecrated. He does not become impure, for her sake even if she is consecrated to a priest.
Halacha 11
If, however, a priest's sister is divorced after consecration, before marriage, he must become impure for her sake. The phrase "who is close to him" includes a sister divorced after consecration.
Halacha 12
A priest does not become impure for the sake of his maternal brother and sister, as implied by Leviticus 21:2-3: "To his son and to his daughter, to his brother and to his sister." Just as we are speaking of a son who is fit to inherit his father's estate; so, too, he must be fit to inherit the estates of his brother and sister.
Halacha 13
A priest does not become impure for the sake of relatives whose family connection is doubtful, as implied by Leviticus 21:3: "to her shall he become impure." He becomes impure for those whose connection is definite and not for those whose connection is doubtful. Accordingly, in an instance where children become intermingled, there is a son concerning whom there is a question whether he was born after seven months from conception to his mother's later husband or after nine months to her first husband, and all the like, he does not become impure for their sake due to the doubt.
Similarly, in all cases concerning divorce that involve a question concerning the validity of the divorce or an invalid bill of divorce, , the priest does not become impure for the sake of his wife.
Halacha 14
A priest may not become impure for the sake of a limb severed from his father while alive, nor for the sake of one of his father's bones. Similarly, when one's father's bones are being collected - even if his entire backbone is intact - a priest may not become impure for their sake.
Halacha 15
If his father's head is decapitated, he may not become impure for his sake. This is implied by Leviticus 21:2: "To his father," i.e., at a time when his corpse is intact and not when it is impaired. Similar laws apply with regard to other relatives.
The prohibition against contact with ritual impurity is bypassed with regard to one's relatives; it is not released entirely. For this reason, a priest is forbidden to become impure for the sake of another corpse at the time he has become impure for the sake of his relatives. This is implied by Leviticus 21:3: "to her shall he become impure," i.e., to her alone. He does not become impure for the sake of others together with her. He should not say: "Since I became impure for the sake of my father, I will go gather so-and-so's bones" or "...touch so-and-so's grave."
Therefore when the relative of a priest dies, care must be taken to bury him at the edge of the cemetery, so that he will not have to enter the cemetery and become impure because of other graves when he buries his dead.
Avel - Chapter 3
Halacha 1
With the exception of the six relatives mentioned in the Torah and his wife, whenever a priest becomes impure because of contact with a corpse, if there are witnesses and a warning is administered, he is punished by lashes, as Leviticus 21:1 states: "No one shall contract ritual impurity for the sake of a deceased person among his people."
This applies whether one touches the corpse, stands over it, or carries it. And it applies to a corpse and to all other forms of ritual impurity stemming from a corpse, as implied by "No one shall contract ritual impurity for the sake of a deceased person among his people." In Hilchot Tumat Meit, we already described all the factors associated with a corpse that convey ritual impurity according to Scriptural Law and according to Rabbinic Law.
Halacha 2
Similarly, a priest receives lashes if he touches a grave. He may, however, touch clothes that touched a corpse, even though by doing so, he contracts ritual impurity that continues for seven days.
Halacha 3
Similarly, if a priest enters a covered structure into which ritual impurity enters, he is lashed. This applies even though the source of impurity itself is in another building. We have already explained all the types of "tents" into which ritual impurity can enter and depart, the laws involving foliage and projections, the entities which bring ritual impurity and those which interpose between ritual impurity, which involve Scriptural Law and which involve Rabbinic Law. All of this is discussed in Hilchot Tumat Meit.
There we explained that non-Jews do not convey ritual impurity through overhangs. Therefore their graves are pure and a priest may enter their cemetery and walk on their graves. He is forbidden only to touch impurity or carry it, as we explained there.
Halacha 4
The following laws apply when a priest enters a building where a corpse is located or a cemetery inadvertently and he is given a warning after he discovers the fact. If he jumps and leaves, he is not liable. If, however, he remains there for the time it takes to prostrate oneself which we explained with regard to impurity in the Temple, he is lashed.
If he entered and departed, entered and departed, if he was given a warning for each time, he is given lashes for every entrance. Similarly, if he touches a corpse, is giving a warning, and then disengages himself, and afterwards, touches it and is given a warning - even if this sequence is repeated one hundred times, he is given lashes for each touch.
If he was touching a corpse and did not disengage himself or was standing in the cemetery and touched other corpses, although he is given a warning several times, he receives lashes only once. For as long as he does not cease, he is continuing to desecrate his priestly state.
Halacha 5
The following rules apply when one causes a priest to contract ritual impurity. If they both acted intentionally, the priest receives lashes and the person who caused him to contract impurity violates the prohibition against placing a stumbling block in front of the blind. If the priest was not aware of the transgression and the person who caused him to contract impurity acted intentionally, that person receives lashes.
Halacha 6
A High Priest may not become impure for the sake of his relatives, as Leviticus 21:11 states: "He shall not become impure for his father's or mother's sake." Similarly, he does not enter a shelter where there is a corpse, even the corpse of one of his relatives, as ibid.:30 states: "He shall not enter a place where there is any corpse." Thus we learn that he is liable both for not entering and for not becoming impure.
What is implied? If the High Priest touches or carries a corpse, he receives lashes for one transgression. If he enters a shelter and remains there until a person dies or he enters a chest, bureau, or drawer, and a colleague comes and opens the top of this container and thus his contact with impurity and his entrance into the shelter come at the same time, he receives two sets of lashes, for the prohibition against entering and for the prohibition against becoming impure.
Halacha 7
If the High Priest became impure beforehand, and then entered a shelter where a corpse was located, if he is warned, he should receive lashes even for this entry.
Halacha 8
When a priest - even a High Priest - encounters an unattended corpse on the road, he is obligated to become impure for its sake and bury it. What is meant by an unattended corpse? A Jewish corpse cast away on the road without anyone to bury it. This is a halachah conveyed by the received tradition.
When does the above apply? When the priest is alone and there is no one else with him; even when he calls out on the road, no one answers him. If, however, when he calls others answer, this is not considered an unattended corpse. Instead, he should call to the others and they should come and tend to the corpse.
Halacha 9
If a priest and a nazirite are proceeding on a road and they encounter an unattended corpse, the nazirite should tend to it. The rationale is that his holiness is not of an eternal nature. The priest - even an ordinary priest - should not become impure.
If a High Priest was going together with an ordinary priest, the ordinary priest should become impure. The general principle is: Whoever is on a higher level of holiness should become impure last. When a s'gan and the priest anointed to lead the army at war encounter an unattended corpse, the priest anointed to lead the army at war should become impure, not the s'gan.
Halacha 10
When a nasi dies, everyone - even priests - should become impure for his sake. Our Sages had him considered as an unattended corpse, because everyone is obligated in his honor. Similarly, all must observe the rites of aninut for his sake.
Halacha 11
The daughters of Aaron were not warned to avoid the ritual impurity imparted by a corpse. This derived from Leviticus 21:1: "Say to the priests, the sons of Aaron...." Implied is "the sons of Aaron," and not "the daughters of Aaron."
Similarly, challalim are permitted to become impure. This is also derived from the words, "the priests, the sons of Aaron," i.e., to be included in the prohibition, their priesthood must be intact.
Halacha 12
When a priest is a minor, the adults are warned that they should not have him contact ritual impurity. If he comes to contract impurity on his own initiative, the court is not obligated to separate him from the source of impurity. His father, however, must educate him in the holiness of the priesthood.
Halacha 13
The four cubits circumscribed around a corpse are deemed impure. Any priest that enters into these four cubits is given stripes for rebellious conduct.
Similarly, if priests enter a beit hapras, go to the diaspora, become impure through contact with a mixture of blood, a gravestone, or the stones which support the gravestone, and the like, they are given stripes for rebellious conduct, because these entities are sources for ritual impurity by Rabbinic decree, as we explained in Hilchot Tumat Meit. If, however, a priest enters a cemetery, he receives lashes according to Scriptural Law.
Halacha 14
It is permissible for a priest to become impure through walking through a beit hapras or the diaspora for the sake of a mitzvah, when there is no way other than that, e.g., he went to marry or to study Torah. Even though there is someone who could teach him in Eretz Yisrael, he is permitted to leave, because a person does not merit to learn from every colleague.
Similarly, a person may incur ritual impurity that is Rabbinic in origin to show respect to other people. What is implied? If a mourner walked through a beit hapras, everyone follows after him to comfort him. Similarly, we may walk over the coffins of the dead to greet Jewish kings. This is allowed even to greet gentile kings, so that a distinction will be able to be made between them and Jewish kings when their glory will return to its place. Similarly, leniency is granted in all analogous situations. Also, a priest may incur ritual impurity of Rabbinic origin to enter in judgment and disputation with gentiles concerning property, for he is saving it from their hands. Similar laws apply in all analogous situations.
Avel - Chapter 4
Halacha 1
These are the customs observed by the Jewish people with regard to corpses and burial. We close the eyes of the deceased. If one's mouth hangs open, we tie the jaw close. After washing the corpse, we stuff close the orifices, anoint it with different fragrances, cut its hair, and dress it in shrouds of white linen which are not expensive. Our Sages followed the custom of using a cloak worth a zuz, so as not to embarrass a person who lacks resources. We cover the faces of the deceased so as not to embarrass the poor whose faces turned black because of hunger.
Halacha 2
It is forbidden to bury the dead, even a nasi among the Jewish people, in silk shrouds or clothes embroidered with gold, for this is an expression of haughtiness, the destruction of useful property, and the emulation of gentile practices.
We carry the dead on our shoulders to the cemetery.
Halacha 3
The pallbearers are forbidden to wear sandals, lest the strap of one of them snap and he hold back the performance of the mitzvah.
Halacha 4
We dig burial caves in the earth and make hollows at the side of the caves. There we bury the corpse with its face upward; we then place the earth and the stones back in place above it. They may bury it in a wooden coffin.
Those who accompany the corpse tell him: "Go in peace," as Genesis 15:15 states: "You will go to your ancestors in peace."
Markings are made on the graves. A tombstone is placed on the grave. For the righteous, by contrast, a tombstone is not placed, because their words will cause them to be remembered; a person will not need to visit in the cemeteries.
Halacha 5
A person in his deathroes is considered as a living person with regard to all matters. We do not tie his cheek, stuff his orifices, nor to we place a metal utensil or a utensil that cools on his navel so that his body will not bloat. We do not anoint it or wash it or place it on sand or on salt until the person dies.
One who touches him is considered as shedding blood. To what can the matter be compared? To a candle that is flickering, were a person to touch it, it will be extinguished. Similarly, anyone who closes a dying person's eyes as his soul expires is considered as shedding blood. Instead, they should wait some lest he have fainted. Similarly, we do not rend our clothes because of him, uncover our shoulders, recite eulogies, or bring a coffin or shrouds into the house until the person dies.
Halacha 6
When a person's dead is lying before him, he should eat in another house. If he does not have another house, he should construct a partition and eat. If he does not have the materials to make a partition, he should turn away his face and eat. Under no circumstances should he recline and eat or eat meat or drink wine.
He does not recite the blessing before eating, nor the grace after meals. Others do not recite the blessings for him, nor is he included in a quorum of three for the recitation of grace. He is free from the obligation to recite the Shema, pray, put on tefillin, or observe any of the mitzvot stated in the Torah.
On the Sabbath, he should recline, eat meat, and drink wine, recite the blessing before eating, and recite grace. Others may recite blessings for him. He is included in a quorum for grace and is obligated in all the mitzvot of the Torah with the exception of sexual relations.
Once the dead is buried, he is permitted to eat meat and drink a small amount of wine to help digest the food that he has eaten, but not in an unrestrained manner.
Halacha 7
We do not delay the burial of the dead. Instead, we hurry to bury him immediately. Hastening the burial is praiseworthy. For one's father and mother, by contrast, it is demeaning.
Halacha 8
On Friday or the day before a festival, or when rain was drenching the coffin, it is permitted to hurry even the funeral of one's parents. For the person hurried the funeral only as an expression of honor for his father and mother.
Whoever delays the burial of his dead overnight violates a negative commandment, unless he delays the burial for the honor of the dead and to complete providing for his needs.
Halacha 9
On the first day alone, it is forbidden for a mourner to put on tefillin or to eat food of his own. He must sit on a overturned bed. During the remainder of the days of mourning, he may eat his own food, sit on a mat or on the ground, and put on tefillin.
What is the source which teaches that a mourner may not put on tefillin on the first day? Instructions were given Ezekiel (Ezekiel 24:17): "Your glory should be bound upon you." Implied is other people are forbidden. He was instructed: "Do not eat the bread of men." Implied is that other people should eat from others on the first day and are forbidden to eat their own food.
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Rambam:
• 3 Chapters a Day: Sanhedrin veha`Onashin haMesurin lahem - Chapter 4, Sanhedrin veha`Onashin haMesurin lahem - Chapter 5, Sanhedrin veha`Onashin haMesurin lahem - Chapter 6 & 3 Chapters: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 7, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 8, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 9 & Sanhedrin veha`Onashin haMesurin lahem - Chapter 10, Sanhedrin veha`Onashin haMesurin lahem - Chapter 11, Sanhedrin veha`Onashin haMesurin lahem - Chapter 12 & Sanhedrin veha`Onashin haMesurin lahem - Chapter 13, Sanhedrin veha`Onashin haMesurin lahem - Chapter 14, Sanhedrin veha`Onashin haMesurin lahem - Chapter 15
Sanhedrin veha`Onashin haMesurin lahem - Chapter 4
Halacha 1
At least one of the members of the Supreme Sanhedrin, a minor Sanhedrin, or a court of three must have received semichah (ordination) from a teacher who himself had been given semichah.
Our teacher, Moses ordained Joshua by placing his hands upon him, as Numbers 27:23 states: "And he placed his hands upon him and commanded him." Similarly, Moses ordained the 70 judges and the Divine presence rested upon them. Those elders ordained others, and the others still others in later generations. This tradition continued until the Talmudic era, when the Sages had received ordination one from the other in a chain extending back to the court of Joshua, and to the court of Moses.
A person who is ordained by the nasi and one ordained by another ordained judge have the same status, even if that ordained judge never served in a Sanhedrin.
Halacha 2
How is the practice of semichah practiced for all time? The person conveying ordination does not rest his hands on the elder's head. Instead, he is addressed by the title of Rabbi and is told: "You are ordained and you have the authority to render judgment, even in cases involving financial penalties.
Halacha 3
The semichah which ordains elders as judges may be conveyed only by three individuals. One of the three must have received semichah from others as explained.
Halacha 4
The term Elohim can be applied only to a court which received semichah in Eretz Yisrael alone . They are wise men who are fit to render judgment who were scrutinized by a court within Eretz Yisrael which appointed them and conveyed semichah upon them.
Halacha 5
At first, whoever, had received semichah would convey semichah on his students. Afterwards, as an expression of honor to Hillel, the elder, the Sages ordained that semichah would not be conveyed upon anyone unless license had been granted by the nasi.
They also ordained that the nasi should not convey semichah unless he is accompanied by the av beit din, and that the av beit din should not convey semichah unless he was accompanied by the nasi. The other elders could convey semichah themselves after receiving license from the nasi, provided they were accompanied by two others. For semichah cannot be conveyed by less than three judges.
Halacha 6
Semichah may not be conveyed upon elders in the diaspora even if the judges conveying semichah received semichah in Eretz Yisrael. Even if the judges conveying semichah were in Eretz Yisrael and the elders to receive semichah were in the diaspora, they should not convey semichah. Needless to say, this applies if the judges conveying semichah were in the diaspora and the elders to receive semichah were in Eretz Yisrael.
If both of them were in Eretz Yisrael, semichah may be conveyed even though the recipients are not in the same place as those conveying semichah. Instead, the judges conveying semichah send to the elder or write to him that he has been given semichah and that he has permission to adjudicate cases involving financial penalties.
This is acceptable, because both of them are located in Eretz Yisrael. The entire area of Eretz Yisrael which the Jews who left Egypt took possession of is fit to have semichah conveyed within it.
Halacha 7
Judges who themselves were granted semichah may convey semichah on many individuals - even 100 - at one time. King David once conveyed semichah on 30,000 individuals on one day.
Halacha 8
Such judges may appoint whoever they desire for particular matters, provided he is fit to adjudicate all matters.
What is implied? A court has the authority to give semichah to a remarkable judge who is fit to issue rulings with regard to the entire Torah and limit his authority to the adjudication of financial matters, but not to what is forbidden and permitted. Conversely, they may grant him authority with regard to what is forbidden and permitted, but not to adjudicate cases involving financial matters. Or they may give him license with regard to adjudicate both such manners, but not laws involving financial penalties, or to rule with regard to financial penalties, but not to rule that a blemish disqualifies a firstborn animal. Or they may give him license merely to absolve vows, to judge stains, or to rule only within other similarly limited parameters.
Halacha 9
Similarly, the judges conveying semichah have permission to give the person receiving semichah license to judge only for a specific time, telling him: "You have permission to judge or issue rulings until the nasi arrives here," or "...as long as you are together with us in this city," or to issue other similar restrictions.
Halacha 10
When a sage of remarkable knowledge is blind in one eye, he is not given semichah with regard to matters of financial law although he may adjudicate such cases. The rationale is that he is not fit to judge all matters. Similar principles apply in all analogous situations.
Halacha 11
If there was only one judge in Eretz Yisrael who possessed semichah, he should call two other judges to sit with him and they should convey semichah on 70 judges at one time or one after the other. Afterwards, he and these 70 should join together to make up the Supreme Sanhedrin and grant semichah to others to make up other courts.
It appears to me that if all the all the wise men in Eretz Yisrael agree to appoint judges and convey semichah upon them, the semichah is binding and these judges may adjudicate cases involving financial penalties and convey semichah upon others.
If so, why did the Sages suffer anguish over the institution of semichah, so that the judgment of cases involving financial penalties would not be nullified among the Jewish people? Because the Jewish people were dispersed, and it is impossible that all could agree. If, by contrast, there was a person who had received semichah from a person who had received semichah, he does not require the consent of all others. Instead, he may adjudicate cases involving financial penalties for everyone, for he received semichah from a court.
The question whether semichah can be renewed requires resolution.
Halacha 12
When a court received semichah in Eretz Yisrael and then departed to the diaspora, they may judge cases involving financial penalties in the diaspora in the same manner as they judge such cases in Eretz Yisrael. For the Sanhedrin exercises judicial authority in Eretz Yisrael and in the diaspora, provided the judges have received semichah in Eretz Yisrael.
Halacha 13
The exiliarchs in Babylon function instead of the kings. They have the authority to impose their rule over the Jewish people in all places and to judge them whether they consent or not. This is derived from Genesis 49:10: "The staff will not depart from Judah" - this refers to the exiliarchs of Babylon.
Halacha 14
Any judge who is fit to adjudicate cases and was given license to serve as a judge by the exiliarch has the authority to act as a judge throughout the entire world, whether in Eretz Yisrael or in the diaspora. Even though either or both of the litigants do not desire to argue the case before him, they are required to do so despite the fact that he does not have the authority to adjudicate cases involving financial penalties.
Any judge who is fit to adjudicate cases and was given license to serve as a judge by the court in Eretz Yisrael has the authority to act as a judge throughout Eretz Yisrael and in the cities which are located on its boundaries even though the litigants do not desire to argue the case before him. In the diaspora, by contrast, the license granted him does not afford him the authority to compel the litigants to appear before him. Although he has the sanction to adjudicate cases involving financial penalties in the diaspora, he may adjudicate such cases only when the litigants consent for him to judge. He does not have the authority to compel the litigants to accept his rulings unless he is granted such authority by the exiliarch.
Halacha 15
When a person is not fit to act as a judge because he is not knowledgeable or because he lacks proper character and an exiliarch transgressed and granted him authority or the court erred and granted him authority, the authority granted him is of no consequence unless he is fit. To cite a parallel: When a person consecrates an animal with a physical blemish to be sacrificed on the altar, the holiness does not encompass it.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 5
Halacha 1
A king may not be enthroned except by the High Court of 71 judges. A minor Sanhedrin for every tribe and every city may be appointed only by the High Court of 71 judges. A tribe that has been led to apostasy in its entirety, a false prophet, or a case in which the High Priest might be liable for capital punishment, may be judged only by the High Court of 71 judges. Financial cases involving a High Priest, by contrast, may be adjudicated by a court of three.
Similarly, the determination of a rebellious elder or a city led to apostasy and the decision to cause a woman suspected of adultery to drink the waters which test her may only be done by the High Court. Similarly, the decisions to extend the city limits of Jerusalem and the limits of the Temple Courtyard, to enter a voluntary war, and to measure the distance between a corpse and the nearby cities may be done only by the High Court of 71 judges. These concepts are derived from Exodus 18:22: "All the major matters will be brought to you."
Halacha 2
Cases involving capital punishment may not be judged by a court with less than 23 judges, i.e., a minor Sanhedrin. This applies not only to instances where humans are judged with regard to capital punishment, but also when animals face such judgment. Therefore an ox which is stoned to death and an animal used in bestial sexual practices is condemned to death only by a court of 23 judges. Even when a lion, a bear, or a cheetah that have been domesticated and which have owners kill a human, they are executed based on the judgment of a court of 23. When, however, a snake kills a human, even one ordinary person may kill him.
Halacha 3
When a person who spreads a malicious report concerning his wife, at the outset, the case is judged by a court of 23. For there is the possibility of a capital case arising if the husband's claim proves true and the woman is to be stoned to death. If the husband's claim is not substantiated, and the woman's father comes to demand payment of the fine, the matter may be judged by a court of three.
What is the source which teaches that capital cases may be judged only by a court of 23? Although this is a matter conveyed by the Oral Tradition, there is an allusion to it in the Torah. Numbers 35:24-25 states: "And the congregation shall judge... and the congregation shall save...." Implied is that there must be the possibility of a congregation judging - and condemning him to death - and a congregation saving - and seeking his acquittal. Now a congregation is no less than ten. Thus there are at least 20 judges. We add three judges so that there not be an equally balanced court and to allow the possibility of "following after the inclination of the majority."
Halacha 4
Lashes are decided upon by a court of three judges. Even though the person may die when lashes are administered to him.
Halacha 5
Decapitating the calf is performed by five judges.
Halacha 6
The enlargement of the month is decided upon by three judges.
Halacha 7
The enlargement of the year is decided upon by seven judges. All of the above must possess semichah as we explained.
Halacha 8
Cases involving financial penalties, robbery, personal injury, the payment of double for a stolen article, the payment of four and five times the value of a stolen sheep or ox, rape, seduction, and the like may be adjudicated only by three expert judges who have received semichah in Eretz Yisrael,
Other cases of financial law, e.g., admissions of financial liability and loans, do not require an expert judge. Even three ordinary people, or even one expert judge may adjudicate them. For this reasons, cases involving admissions of financial liability, loans, and the like may be adjudicated in the diaspora. Although a court in the diaspora is not referred to as Elohim, they carry out the charge of the court of Eretz Yisrael. This charge does not, however, give them license to adjudicate cases involving financial penalties.
Halacha 9
The courts of the diaspora adjudicate only cases that commonly occur and which involve financial loss, e.g., admissions of liability, loans, and property damage. Matters that occur only infrequently, by contrast, even though they involve financial loss, e.g., an animal that injures another, or events that commonly occur, but do not involve financial loss, e.g., a double payment for theft, are not adjudicated by the judges of the diaspora.
Similarly, all the financial penalties which our Sages imposed against a person who punches a colleague, slaps a colleague, or the like are not adjudicated by the judges of the diaspora. Whenever a person is required to pay half the damages for the destruction of property the matter is not adjudicated by the judges of the diaspora, with the exception of the half payment for damages caused by pebbles propelled by one's animals. For that is a reimbursement for financial loss and is not a financial penalty.
Halacha 10
Whenever the injuries a person suffers are evaluated by calculating his worth as one calculates the worth of a servant, the payment is not expropriated by the judges of the diaspora. Therefore if a person injures a colleague, compensation for the damages, the pain, and the embarrassment for which he is liable is not expropriated by the judges of the diaspora. Compensation for the inability to work and medical expenses is, by contrast, expropriated in the diaspora, because they involve a financial loss. The Geonim ruled in this manner and stated that it is a commonplace matter to expropriate compensation for the inability to work and medical expenses in the diaspora.
Halacha 11
The judges of the diaspora do not exact payment when an animal injures a person, because this is an uncommon occurrence. When, by contrast, a person damages an animal belonging to a colleague, he must pay the complete damages to his colleague regardless of where this takes place, just as he is responsible if he ripped his garments, broke his utensils, or cut down his produce.
Similarly, when an animal causes damage by eating or by treading, since its owner is forewarned that this is its inherent natural tendency, it is a common matter and the damages are expropriated by the judges of the diaspora. This applies whether it damaged another animal, e.g., it rubbed against it, it consumed produce that it would naturally eat or the like, or it damaged food or utensils by treading upon them in which instance he is obligated to pay full damages. Payment for all of these damages can be expropriated by the judges of the diaspora.
If, however, an animal was not prone to cause damage, then it caused damages to the extent that the owner was warned, and then it caused damage again, e.g., it bit, it butted with its body, it lay down, it kicked, or it gored, these damages are not expropriated by the judges of the diaspora. The rationale is that there is no concept of the owner of an animal being forewarned in the diaspora. Even if an animal caused its owner to be forewarned in Eretz Yisrael, and then it was taken to the diaspora where it caused damage, the damages are not expropriated, because this is an uncommon occurrence.
Halacha 12
Why is there no concept of warning an owner in the diaspora? Because testimony must be given against the owner in the presence of a court. And the concept of a court applies only with regard to judges who have been given semichah in Eretz Yisrael.
Accordingly, if a court of judges from Eretz Yisrael were in the diaspora, just as they have the authority to judge laws involving financial penalties in the diaspora; so, too, testimony regarding an animal can be delivered in their presence in the diaspora.
Halacha 13
When a person steals or robs, the principal can be expropriated by the judges of the diaspora. They do not, however, expropriate the double payment.
Halacha 14
The judges of the diaspora do not expropriate payment in every situation where a person would be liable to make compensation based on his own statements. For the payment to a maiden's father for blemishing her virginity and for the embarrassment she suffers, and a person who must pay an atonement fee because his ox killed another person are situations where a person must make compensation, because of his statements. For example, he said: "I seduced so-and-so's daughter," or "My ox killed so-and-so." Nevertheless, such payments are not expropriated by the judges of the diaspora.
Halacha 15
Judgments involving situations where a person's actions served as a direct cause of damage are not equivalent to laws involving k'nasot and they may be adjudicated by the judges of the diaspora.
Halacha 16
Similarly, the laws applying to a person who gives money belonging to a colleague to gentiles - even if he merely threatens to do so - may be adjudicated by the judges of the diaspora.
Halacha 17
The custom of the yeshivot of the diaspora is that even though they do not expropriate money due as k'nasot, they place the person who causes the damage under a ban of ostracism until he satisfies the plaintiff or goes with him to Eretz Yisrael to have the case adjudicated.
Once the person who causes the damage pays the amount that he would be held liable for, the ban of ostracism is lifted whether the person who suffered the injury is appeased or not. Similarly, if the person who suffered the injury seizes an amount of property belonging to the person who causes the damage equivalent to the amount he would be awarded by the court, we do not expropriate it from his possession.
Halacha 18
When one person is an expert judge and he is known by many to possess such knowledge, although he is allowed to judge cases involving financial law alone, an admission of liability made in his presence is not considered as an admission made in the presence of a court. This applies even if he possesses semichah.
When, by contrast, a court is composed of three judges, even though they do not possesses semichah, and even if they are ordinary men and are not referred to as Elohim, an admission made in their presence is considered as an admission made in a court of law. Similarly, if a person denies an obligation in their presence and witnesses come and testify against him, he is established as one who has lied. He cannot offer another claim, as we have explained.
The general principle is: With regard to the admission of financial responsibility, cases involving debts, and the like, their authority is the same as that of a court composed of judges possessing semichah with regard to all matters.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 6
Halacha 1
The following laws apply whenever a judge adjudicates a case involving financial matters and errs. If his error involves matters that are revealed and known - e.g., a law that is explicitly stated in the Mishnah or the Gemara, the ruling is reversed. The situation is returned to its original status and the judgment required by halachah is rendered. If it is impossible to return the matter to its original status, e.g., the person who unwarrantedly received the money traveled overseas, or he was a stubborn and strong person, the judge is not liable. Although he caused a loss, he did not have the intent of doing so. Similar laws apply if a judge ruled that a substance that was pure was impure, that an animal that was kosher was unacceptable and had it fed to the dogs, or the like.
Halacha 2
Different principles apply if the judge errs in a case requiring a decision to be made by using one's logic to weigh alternative positions, for example, a case arouse involving the subject of a difference of opinion among the Sages of the Mishnah or the Sages of the Gemara where it was not explicitly stated whose opinion the halachah follows. The judge decided to follow one opinion without knowing it had already been universally established practice within the Torah community to follow the other view.
In such a situation, if the judge was an expert who had been given license to adjudicate cases by the exiliarch, or even if he had not been given such license, but the litigants voluntarily accepted him as their judicial authority, the ruling is reversed. The rationale is that he is an expert.
If the ruling cannot be reversed, he is not liable to make restitution. This applies both to a judge who received permission from the exiliarch or one received permission from a Jewish court to adjudicate cases in Eretz Yisrael, but not to serve as judge in the diaspora, as explained.
Halacha 3
Different rules apply if the person who erred in a question of logical deduction was an expert judge, but he had not received license to adjudicate cases, nor was he accepted by the litigants as an authority, or was not an expert, but was accepted by the litigants to adjudicate their case according to Torah law. If he personally took property from one litigant and gave it to the other, his actions are irreversible and he should pay the damages from his own resources. If, however, he did not personally take the property from one and give it to the other, the decision should be reversed. If the decision cannot be reversed, he should pay the damages from his own resources.
Halacha 4
When, however, a person is not an expert and was not accepted by the litigants adjudicates a case, even though he was given permission to act as a judge, he is considered as one of the men of force and not as a proper judge. Therefore, the judgment he renders is of no consequence. This applies whether he erred or whether he did not err. Either one of the litigants may withdraw and have the case adjudicated by a proper court.
If such a judge erred and personally gave property from one litigant to the other, he is obligated to pay from his own resources. He may then regain the money from the litigant to whom he gave property unlawfully. If one litigant paid the other because of the ruling of such a judge and the recipient is unable to return the money or if the judge rendered an object ritually impure or gave meat that was kosher to the dogs to eat, the judge must bear the loss as is the law regarding anyone who causes damages. For such a person has the intent of causing damages.
Halacha 5
When a judge errs and obligates a person who is not required to take an oath to do so, and in order to free himself from the obligation to take the oath, this person negotiated a compromise with the other litigant, the compromise may be revoked. Even though he affirmed the compromise with a kinyan, it is of no substance. He agreed to pay or to waive the other person's liability only to free himself from the oath to which the person who erred obligated him. And whenever a kinyan is carried out on the basis of an error, it is annulled. Similar laws apply in all analogous situations.
Halacha 6
When two people are involved in a dispute concerning a judgment, one states: "Let us have the matter judged here," and the other says, "Let us ascend to the Supreme Court, lest these judges err and expropriate money contrary to the law," we compel the latter litigant to have the matter adjudicated locally.
If he asks the judges: "Write down the rationale why you have rendered this judgment against me and give it to me, lest you have erred," they must write down their rationales and give him the transcript. Afterwards, they expropriate what he owes. If the local judges feel the need to ask for clarification regarding a matter from the Supreme Court in Jerusalem, they should write down their question and send it. After their inquiry, the judgment should be rendered in the local court on the basis of the answer written to them by the Supreme Court.
Halacha 7
When does the above apply? With regards to judgments dependent on claims issued by both litigants or a situation when a lender desires to have the case adjudicated locally and the borrower says: "Let us go to the Supreme Court." If, by contrast, the lender says: "Let us go to the Supreme Court," we compel the borrower to ascend with the lender, as implied by Proverbs 22:7: "A borrower is a servant to the lender."
Similarly, if a person claims that his colleague injured or damaged his person or his property or stole from him, and the plaintiff desires to ascend to the Supreme Court, the local court compels the defendant to ascend together with him. Similar laws apply in all analogous situations.
Halacha 8
When does the above apply? When the person from who property was stolen, the person who suffered injury or damage, or the lender has witnesses or proof that support his claim. When, however, his claim is unsupported, we do not obligate the defendant to leave his locale. Instead, he takes an oath there and is freed of obligation.
Halacha 9
Similar concepts apply in the present age, when there is no Supreme Court, but there are places where there are great sages whose expertise is renown and there are other places where there are scholars who are not on that level. If the lender says: "Let us go to this-and-this place in this-and-this land to have the case adjudicated by so-and-so, the great sage," we compel the borrower to go with him. This was the practice continually in Spain.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 7
Halacha 1
The following law applies when one of the litigants says: "Let so and so act as a judge for me," and the other litigant says: "Let so and so act as a judge for me." Together the two judges which were chosen by each of the litigants respectively choose a third judge and the three of them adjudicate the case for the two litigants. In this manner, a true judgment will emerge.
Even if the judge chosen by one of the litigants is a great sage who has received semichah, the one litigant cannot compel the other litigant to have him adjudicate the case. Instead, he also chooses a judge he desires.
Halacha 2
The following rules apply when a litigant accepts his own or an opposing litigant's relative or another person who is unacceptable to serve as a judge or a witness in his case. If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the verdict is rendered and the unacceptable judge ruled in his verdict - or a verdict was rendered on the basis of the testimony of an unacceptable witness - that money should be expropriated, the litigant may not retract.
The above laws also apply if a litigant accepted a person who is disqualified because he committed a transgression as two witnesses to testify concerning him or as a court of three judges to rule concerning his interests. Similarly, it applies regardless of whether he gave his consent at the risk of forfeiting rights and waiving a claim that he is pressing or he gave his consent at the risk of having to pay what the plaintiff demands of him because of the testimony of this unacceptable witness or because of the ruling of this unacceptable judge.
Halacha 3
Similarly, the following rules apply when a person was obligated by a court to take an oath to a colleague and the person to whom the oath must be given state: "Take an oath on your own life, and be freed of liability," or "Take an oath on your own life that your claim is justified and I will give you everything that you claim." If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the case is concluded and he took an oath as stipulated, he cannot retract and is obligated to pay.
Halacha 4
Similar laws apply when a person was obligated to take a sh'vuat hesset and he reversed it and obligated the plaintiff. If he affirmed his consent with a kinyan or the plaintiff took the oath, the defendant cannot retract.
Halacha 5
Similarly, when a person was not obligated to take an oath and yet he said: "I will take an oath in response to your claim," if he affirmed his statement with a kinyan, he cannot retract. If he did not affirm his statement with a kinyan, he has the right to retract until the judgment is concluded and he actually takes the oath, even though he made his commitment in court.
Halacha 6
When a person was obligated by a court, and then brought witnesses or proof to vindicate himself, the judgment is rescinded and the case should be tried again. Although the judgment was already rendered, whenever he brings support for his claim, the judgment is rescinded.
Even if the judges tell him: "Bring all the proofs that you have within 30 days," a litigant may have the judgment rescinded although he brings proof after 30 days. What can he do if he did not discover the proof within 30 days, but found it afterwards?
Halacha 7
If, however, the litigant completed stating his claims, he cannot have the judgment rescinded.
What is implied? The judges asked him: "Do you have witnesses supporting your claim?"
He replied: "I do not have witnesses."
"Do you have proof of your position?"
"I do not have proof," he answered.
In such a situation, if the court judged him and held him liable, the judgment is not rescinded. Although when he sees that he was being held liable, he declared: "So-and-so and so-and-so come forward and testify on my behalf" or he produced written proof from his money-belt, it is not significant. We do not pay any attention to his witnesses or his proof.
Halacha 8
When does the above apply? When the proof was in his possession and the witnesses were together with him in the country. If, however, he said: "I have neither witnesses, nor proof," and afterwards, witnesses came from overseas or a leather satchel belonging to his father where legal documents were held had been entrusted to another person and that person came and supplied him with proof, he may call on these witnesses and/or this proof and have the ruling rescinded.
Why may he have the ruling rescinded? Because he could claim: "The reason I said: 'I don't have any witnesses' and 'I don't have any proof is because they were not available to me." Whenever he could make such a claim and there is substance to his words, he is not considered to have completed stating his claims when he originally stated: "I have no witnesses...." He may bring the witnesses and/or proof and have the judgment rescinded.
Accordingly, if he explicitly states: "I have no witnesses at all, neither here or overseas, nor any written proof, neither in my possession or in the possession of others," he cannot have the judgment rescinded.
Halacha 9
When does the above apply? With regard to an adult who was held liable and then brought written proof or witnesses after completing the statement of his arguments.
Different concepts apply, however, with regard to an heir who was a minor when the person whose estate he inherited died and a suit was lodged against him because of that person after he came of age. Even though he stated: "I have neither witnesses, nor proof," and after he departed from the court after being held liable, others told him: "We know testimony that favors your father that will cause this judgment to be rescinded," or "The person whose estate you inherited entrusted this written proof to me," he may bring the testimony or the proof immediately and have the judgment rescinded. The rationale is that a minor is not aware of all the proofs possessed by the person whose estate he inherited.
Halacha 10
The following rules apply when a person affirmed his consent to the following agreement with a kinyan: If he does not come on this-and-this day and take an oath, his colleague's claim would be accepted and that colleague could take whatever he claims without taking an oath. Alternatively, if he does not come on this-and-this day, take an oath, and collect his due, he forfeits his right to the claim. Nothing is to be granted him and his colleague is released of liability. Should that day pass and he not come, the stipulation is binding and he forfeits his rights.
If, however, he brings proof that he was held back by forces beyond his control on that day, he is not bound by his agreement. He may take an oath against the claim issued by his colleague as before. Similar laws apply in all analogous situations.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 8
Halacha 1
When a court reaches a split decision - some say that the defendant is not liable, and others say that he is liable, we follow the majority. This is a positive mitzvah of Scriptural origin, as Exodus 23:2 states: "Follow after the inclination of the majority."
When does the above apply? With regard to financial matters and with regard to laws involving questions of what is forbidden and what is permitted, what is impure and what is pure and the like. With regard to capital cases, different laws apply if there is a difference of opinion whether the transgressor should be executed or not. If the majority rule to exonerate him, he is exonerated. If, however, the majority rules that he is guilty, he should not be executed until there are at least two more judges who hold him guilty than who exonerate him.
According to the Oral Tradition, we learned that the Torah warned against this saying Ibid.: "Do not follow the majority to do harm." That is to say that if the majority are inclined "to do harm," i.e., to execute the defendant, you should not follow them until there is a significant inclination, and there is a majority of two judges who rule that he is guilty.
This is implied by (Ibid.): "to follow the inclination of the majority and influence the judgment." A positive inclination may be made on the basis of a majority of one, a harmful inclination, on the basis of a majority of two. All of these concepts are based on the Oral Tradition.
Halacha 2
The following laws apply when there is a difference of opinion within a court of three judges with regard to a monetary issue: If two say the defendant's claim should be vindicated and one says that he is liable, his claim is vindicated. If two say that he is liable and one says his claim should be vindicated, he is held liable. If one says that his claim should be vindicated and one says he is liable, or two say that his claim should be vindicated or that he is liable and the third judge says: "I do not know," we add another two judges. Thus five judges debate the matter.
If three say the defendant's claim should be vindicated and two say that he is liable, his claim is vindicated. If three say that he is liable and two say his claim should be vindicated, he is held liable. If two say that his claim should be vindicated and two say he is liable, and the fifth judge says: "I do not know," we add another two judges. If, however, four say his claim should be vindicated or that he is liable and one says: "I don't know," or three say his claim should be vindicated and one says that he is liable, and the fifth says: "I don't know," we follow the majority. This applies whether the judge who says: "I don't know" is the same who said "I don't know" at the outset or another individual.
If, in this situation as well, the opinions are evenly balanced and one says: "I don't know," or in any situation that there is a doubt, we continue to add two more judges until we reach 71 judges. If, after reaching 71, the issue is still unresolved, i.e., 35 hold him liable, and 35 wish to vindicate his claim and one says: "I don't know," they debate the matter until the judge who has not made up his mind sides with one of the opinions and thus there will be 36 who vindicate him or 36 who hold him liable. If neither that judge or another changes his opinion, the matter remains unresolved and the money is allowed to remain in the possession of its owner.
Halacha 3
Whenever a judge says: "I don't know," he is not required to explain the rationale for his statements and explain the reason why he is in doubt. In contrast, a judge who rules that a litigant's claim is vindicated must state why he vindicates the claim, or if he holds him liable, he must state why he holds him liable.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 9
Halacha 1
When all the judges of a Sanhedrin begin their judgment of a case involving capital punishment and say that the defendant is liable, he is exonerated. There must be some who seek to exonerate him and argue on his behalf, but yet the majority hold him liable. Only then he is executed.
Halacha 2
The following rules apply when there is a difference of opinion in a minor Sanhedrin. If twelve judges say that he should be exonerated and eleven say that he should be held liable, he is exonerated. If twelve say that he is liable and eleven say that he should be exonerated or eleven say that he should be exonerated and eleven say that he is liable, and one says: "I don't know," we add two judges. Even if there are twelve who wish to exonerate him and twelve who hold him liable, and one who one says: "I don't know," we add two judges. The rationale is that the judge who says: "I don't know," is considered as if he does not exist, for he cannot change his mind and explain why the defendant should be held liable. Thus after the addition, there are 24 judges aside from the person who says: "I don't know."
If twelve say that he should be exonerated and twelve say that he is liable, he is exonerated. If eleven say that he should be exonerated and thirteen say that he is liable, he is liable. This applies even if one of the original judges says: "I don't know." For there are two more judges who rule that he is liable.
If twelve say that he should be exonerated and twelve say that he is liable, we add two judges. And similarly, if the balance is not broken, we continue to add two judges until there is at least one more judge who rules that he should be exonerated or at least two more judges who rule that he should be held liable. If there are an even number of judges on both sides, and one says: "I don't know," or if the number of judges who rule that he is liable is only one more than those who rule that he should be exonerated, we continue to add judges until we reach 71.
The following rules apply when the court reaches that size. If 36 say that he should be exonerated and 35 say that he is liable, he should be exonerated. If 36 say that he is liable and 35 say that he should be exonerated, they debate back and forth against each other until one of them sees the other's perspective and either exonerates him or holds him liable. If such a change in perspective does not take place, the judge of the greatest stature declares: "This judgment has become aged," and he is released.
If 35 say that he is liable and 35 say that he should be exonerated, and one says "I don't know," we release him. If 34 say that he should be exonerated and 36 say that he is liable, and one says: "I don't know," he is held liable. For there is a majority of two judges who hold him liable.
Halacha 3
When there is a difference of opinion in the Supreme Sanhedrin, whether with regard to a law involving capital punishment, monetary law, or other matters of Torah law, we do not add judges. Instead, they debate against each other and the ruling follows the majority. If their difference of opinion involves whether a person will be executed, they should debate against each other until they either exonerate him or hold him liable.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 10
Halacha 1
When one of the judges in a case involving capital punishment rules to acquit the defendant or to hold him liable, not because this is his own opinion which he arrived upon the basis of his own decision, but rather he was swayed after his colleague's words, he commits a transgression, as implied by Exodus 23:2: "Do not respond to a dispute with an inclination." According to the Oral Tradition, this command is interpreted to mean that, when the judges are determining the verdict, a person should not say: "It is sufficient for me to adopt so-and-so's understanding." Instead, he should say what he thinks himself.
Halacha 2
Included in this interdiction is a prohibition against a judge who had proposed a rationale to exonerate a defendant in a capital case to propose a rationale to convict him. This is also implied by: "Do not respond to a dispute with an inclination."
When does the above apply? In the give and take among the judges. At the time of the verdict even a judge who had proposed a rationale for acquittal may join the others who vote for conviction.
Halacha 3
When a scholar offers a rationale for acquittal and then dies, we consider it as if he is alive and advocating this position.
Halacha 4
If a judge says: "I can offer a rationale to acquit him" and then lost the power of speech or died before he could explain the rationale for acquittal, it is as if he does not exist.
Halacha 5
When two judges mention one rationale, even if they cite different prooftexts, they are only counted as one.
Halacha 6
According to the Oral Tradition, we learned that with regard to cases involving capital punishment, we do not ask the judge of the highest stature to render judgment first, lest the remainder rely on his opinion and not see themselves as worthy to argue against him. Instead, every judge must state what appears to him, according to his own opinion.
Halacha 7
Similarly, with regard to cases involving capital punishment, we do not begin with a condemnatory statement, but rather one which points towards acquittal.
What is implied? We tell the presumed transgressor: "If you did not commit the transgression concerning which testimony was given concerning you, do not fear the words of the witnesses.
Halacha 8
When one of the scholars makes a statement with regard to a case involving capital punishment: "I can teach a rationale which would convict him," we silence him. If he states: "I can teach a rationale which will exonerate him," he is raised up and included in the Sanhedrin. If his words are of substance, we heed his statements and he never descends. If his words are not of substance, he does not descend from the court for that entire day.
Even if the defendant himself says: "I can teach a rationale which will exonerate myself," we heed his statements and he is counted among the judges, provided his words are of substance.
Halacha 9
When a court errs with regard to a case involving capital punishment and convict an innocent person, ruling that he is guilty, and later they discover a rationale that would require that the ruling be nullified and he be vindicated, they nullify the ruling and retry the case. If, however, they erred and acquitted a person liable to be executed, the judgment is not nullified and the case is not retried.
When does the above apply? When they erred with regard to a matter that the Sadducees would not acknowledge. If, however, they erred with regard to a matter that the Sadducees acknowledge, we retry the case to convict him.
What is implied? If they said that a person who has adulterous or incestuous anal intercourse is not liable and they released him, he is retried and executed. If, however, they said a person who merely entered the woman's anus with the crown of his organ is not liable, and they released him. He is not retried. Similar principles apply in all analogous situations.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 11
Halacha 1
What are the differences between cases involving financial matters and cases involving capital punishment? Cases involving financial matters are adjudicated by three judges, while cases involving capital punishment are adjudicated by 23. In cases involving financial matters, we begin the judgment either with a statement to the defendant's detriment or his advancement, while with regard to cases involving capital punishment, we begin with a statement which points towards acquittal, as we explained, and we don't begin with one which points toward his conviction.
In cases involving financial matters, we make a decision based on a majority of one whether it is to the defendant's detriment or in his support, while with regard to cases involving capital punishment, we acquit him on the basis of a majority of one, but convict him only when there is a majority of two. In cases involving financial matters, we retry a judgment whether doing so is to the defendant's detriment or his advancement, while with regard to cases involving capital punishment, we retry a judgment if it will lead to acquittal, but not if it will lead to conviction, as we explained.
In cases involving financial matters, everyone - both the judges or the scholars - is entitled to advance any rationale whether it is to the defendant's detriment or in his support. With regard to cases involving capital punishment, by contrast, everyone - even the students - may advance a rationale leading to acquittal, but only the judges may advance a rationale leading to conviction. In cases involving financial matters, a person who advanced a rationale to the defendant's detriment may change his mind and advance a rationale in his support. Conversely, one who advanced a rationale in the defendant's support may change his mind and advance a rationale to his detriment. With regard to cases involving capital punishment, by contrast, a judge who advanced a rationale for conviction may advance a rationale for acquittal, but a judge who advanced a rationale for acquittal may not change his mind and advance a rationale for conviction. At the time the judgment is being rendered, however, he may vote to be counted among those favoring conviction, as we explained.
Cases involving financial matters are adjudicated during the day, but the verdict may be rendered at night. Cases involving capital punishment are adjudicated during the day and the verdict must also be rendered during the day. The verdict in cases involving financial matters is rendered on that very day, whether it is to the defendant's detriment or in his support. With regard to cases involving capital punishment, by contrast, a verdict of acquittal is rendered on that very day, but a verdict of conviction is not rendered until the following day.
Halacha 2
For this reason, we do not adjudicate cases involving capital punishment on Fridays, nor on the days preceding festivals. The rationale is that the defendant may be convicted and it is impossible to execute him on the following day, but it is forbidden to postpone his execution until after the Sabbath. Hence, we imprison him and begin his trial on Sunday.
Halacha 3
According to Scriptural Law, cases involving financial law can be adjudicated at all times, as Exodus 18:22 states: "They shall judge the people at all times." According to Rabbinic Law, cases are not adjudicated on Fridays.
Halacha 4
All of the same laws that apply to cases involving capital punishment apply also to cases involving lashes and exile, except that cases involving lashes are adjudicated by three judges. None of these distinctions are made with regard to the judgment of an ox that is stoned except for one, that the judgment is adjudicated by 23 judges.
Halacha 5
The laws which pertain to a mesit, a person who entices others to serve false divinities, differ from those pertaining to others liable for capital punishment. We hide witnesses to observe his act. He does not need a warning as must be given to others who are executed. If he departed from the court after being acquitted, and someone said: "I know a rationale that will lead to his conviction," he is returned and retried. If he was sentenced to death and someone said: "I know a rationale that will lead to his release," he is not retried. The court does not advance arguments in defense of a mesit. An elderly person, a eunuch, and a person who does not have sons are placed on the court which judges him, so that they will not have mercy on him. For cruelty to those who sway the people after emptiness brings mercy to the world, as implied by Deuteronomy 13:19: "so that God will turn away from His fierce anger and grant you mercy."
Halacha 6
With regard to cases involving monetary matters and similarly questions of ritual purity and impurity, the judge of the greatest stature gives his ruling first and the other judges hear his ruling. With regard to laws involving capital punishment, we begin from the side. The words of the judge of the highest stature are not heard until the end.
Halacha 7
With regard to cases involving monetary matters and similarly questions of ritual purity and impurity, a father and his son and a teacher and his student are counted as two judges. With regard to cases involving capital punishment, lashes, and the sanctification of the moon and the declaration of a leap year, a father and his son and a teacher and his student are counted as one.
Halacha 8
The concept that a father and a son are counted as one or as two applies when one is a member of the Sanhedrin and the other was one of the students attending the court who said: "I can contribute a rationale that will lead to his vindication," or "...to his being held liable." We listen to his words and enable him to participate in the debate, and he is counted in the polling of the judges.
Halacha 9
At the time of the final judgment, relatives are not included. For judges who are related to each other are not acceptable to rule together, as will be explained.
10 When a student was wise and understanding but is lacking sufficient knowledge of the tradition, his master may convey to him the tradition which he requires with regard to these laws and then he may serve as a judge even in cases regarding capital punishment.
Halacha 11
All individuals are acceptable to judge cases involving financial laws, even a convert, provided his mother is a native-born Jewess.
A convert may judge a fellow convert even if his mother is not a native-born Jewess. Similarly, a mamzer and a person who is blind in one eye are acceptable to adjudicate financial disputes. Cases involving capital punishment, however, may be judged only by priests, Levites, and Israelites with lineage acceptable to marry into the priesthood. not one of them may be blind even in one of his eyes, as we explained.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 12
Halacha 1
How are cases involving capital punishment judged? When the witnesses come to the court and say: "We saw this person violate such-and-such a transgression," the judges ask them: "Do you recognize him? Did you give him a warning?"
If they answer: "We do not recognize him," "We are unsure of his identity," or "We did not warn him," the defendant is exonerated.
Halacha 2
Both a Torah scholar and a common person need a warning, for the obligation for a warning was instituted only to make a distinction between a person who transgresses inadvertently and one who transgresses intentionally, lest the person say: "I transgressed inadvertently."
How is a warning administered? We tell him: "Desist..." or "Do not do it. It is a transgression and you are liable to be executed by the court..." or "to receive lashes for it." If he ceases, he is not liable. Similarly, if he remains silent or nods his head, he is not liable for punishment. Even if he says: "I know," he is not liable for punishment until he accepts death upon himself, saying: "It is for this reason that I am doing this." In such a situation, he is executed.
He must commit the transgression directly after receiving the warning, within the time to offer a salutation. If he waits longer than that, a second warning is necessary.
The warning is acceptable whether it was administered by one of the witnesses or by another individual, even a woman or a servant. Even if the transgressor hears the voice of the person administering the warning, but does not see him, and even if he himself administers the warning, he should be executed.
Halacha 3
If the witnesses say: "He was given a warning and we recognize him," the court intimidates them.
How do they intimidate them in cases involving capital punishment? They say: "Maybe you are speaking on the basis of supposition, or on the basis of hearsay, one witness from another witness, or maybe you heard from a trustworthy person?" "Maybe you do not know that ultimately we will subject you to questions and crossexamination?"
"Know that cases involving capital punishment do not resemble those involving financial matters. With regard to financial matters, if there is any deceit, a person can make financial restitution and receive atonement. With regard to capital punishment, the victim's blood and the blood of his unborn descendants are dependent on the murderer until eternity. As it is said with regard to Cain, 'The voice of the blood of your brother is crying out.' The Torah uses the plural form of the word blood, implying his blood and the blood of his descendants.
"For this reason, man was created alone in the world. This teaches us that a person who eliminates one soul from the world is considered as if he eliminated an entire world. Conversely, a person who saves one soul is considered as if he saved an entire world.
"All the inhabitants of the world are created in the image of Adam, the first man, and yet no one person's face resembles the face of his colleague. Therefore each person can say: 'The world was created for me.'
"If you might say: 'Why should we enter this difficulty?' It is written Leviticus 5:1: 'If he witnessed, observed, or knew....' If you will say: 'Why should we become responsible for shedding the defendant's blood? It is already said: 'At the destruction of the wicked, there is joy. '
If they stand by their word, the witness of the greater stature is brought into the court alone and he is questioned and cross-examined, as will be explained in Hilchot Edut. If his testimony appears to be factual, the second witness is brought into the court, and he is questioned as the first one was. Even if there are 100 witnesses, each one is questioned and cross-examined.
If the testimony of all the witnesses is accurate, we begin the judgment with a statement that tends to acquittal as stated. We tell him: "If you did not transgress, do not fear their words." Then we judge him. If grounds for acquittal are found, he is released. If they do not find grounds for acquittal, the defendant is imprisoned until the following day.
On that day, the Sanhedrin divides itself into pairs and they examine the judgment. They eat little and do not drink wine throughout that entire day. They debate the matter throughout the night, each one with his comrade or alone. On the morrow, they come to the court early. Each of those who voted for acquittal state: "I am the one who voted for acquittal yesterday, and I still favor that ruling." Each of those who voted for conviction state: "I am the one who voted for conviction yesterday, and I still favor that ruling," or "...I have changed my mind and I vote for acquittal." If they erred in that regard, or did not know who voted for conviction or who voted for acquittal on the basis of one rationale and hence are considered only as one, as we explained, the two scribes of the court remind them, for they write down the rationale given by each one of them.
We begin the judgment. If they find a rationale to acquit him, they acquit him. If it is necessary to add judges, they add. If there is a majority of judges who seek to convict him, and he is convicted, he is taken out to be executed immediately.
The place where the court conducts the execution is outside the court and removed from it, as implied by Leviticus 24:14: "Take the blasphemer outside the camp...." It appears to me that it should be approximately 6 mil , the distance between the court of Moses our teacher which was before the entrance of the Tent of Meeting and the extremities of the camp of the Jewish people.
Halacha 4
After a defendant has been convicted, we do not delay the matter, but instead execute him immediately. Even if a woman is pregnant, we do not wait until she gives birth. Instead, we give her a blow against the womb so that the fetus will die first. If, by contrast, she is already in the throes of labor, we wait until she gives birth.
Whenever a woman is executed, it is permitted to benefit from her hair.
Halacha 5
When a person is being taken out to be executed and a sacrifice of his has already been slaughtered, we do not execute him until the blood of his sin offering or guilt offering has been sprinkled on the altar for his sake. If, however, he was already convicted and the animal designated as a sacrifice has not been slaughtered already, we do not wait until the sacrifice is brought, for we do not prolong his judgment.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 13
Halacha 1
When a person is sentenced to death, he is taken out of the court and led to the place of execution. One person stands at the entrance to the court with flags in his hands and a horse distant from him. An announcement is made before him: "So-and-so is being taken to be executed in this-and-this manner, because he violated this prohibition, in this place at this time. So-and-so and so-and-so are the witnesses. If there is anyone who knows a rationale leading to his acquittal, let them come and tell us."
If a person says: "I know a rationale that leads to his acquittal," the person with the flags waves them and the rider on the horse races to bring the defendant back to the court. If a factor leading to his acquittal is found, he is released. If not, he is taken back for execution.
If the defendant himself says: "I know a rationale that leads to my acquittal," even though there is no substance to his words, he is returned to the court once or twice. We suspect that perhaps out of fear, he could not present his arguments and when he is returned to the court, he will be composed and will state a substantial reason for acquittal.
If they return him to the court, and it is discovered that his words are without substance, for a third time, he is taken to be executed. If on this third occasion, he also says: "I know a rationale that leads to my acquittal," we return him to the court - even several times - if his words are substantial. For this reason, two scholars are sent to accompany him and listen to his statements on the way. If his words are of substance, he is returned to the court. If not, he is not returned.
If an argument leading to his acquittal is not discovered, he is brought out for execution. The witnesses are the ones who execute him in the manner for which he is liable. When a murderer is not executed by his witnesses, all other people are obligated to execute him.
Approximately ten cubits from the place of execution, he is told to confess. For all those who are executed should confess. For if they confess, they receive a portion in the world to come. If he does not know how to confess, we tell him: "Say 'may my death atone for my sins.' Even if he knows that he was the victim of false testimony, he should confess in this manner.
Halacha 2
After he confessess, he is given a granule of frankincense dissolved in a cup of wine, so that he will lose control of his mind and become drunk. Afterwards, he is executed in the manner for which he is liable.
Halacha 3
The wine, the frankincense, the stone used to execute a person stoned to death, the sword used to decapitate a defendant, the cloth use for strangulation, the pole on which a blasphemer or an idolater is hung after being executed, the flags that are waved before those being executed, and the horse that runs to save him all are paid for from communal funds. Anyone who wants to donate them may donate them.
Halacha 4
The court does not attend the funeral of the executed person. Whenever a court has a person executed, they are forbidden to eat for the remainder of that entire day.. This prohibition is included in the interdiction (Leviticus 19:26): "Do not eat upon the blood." A meal of comfort is not given the relatives of those executed by the court. This too is derived from the above verse. These acts are forbidden, but they are not punishable by lashes.
Halacha 5
When a person is held liable for the death penalty during Chol HaMoed, the court prolong their analysis of his judgment. The judges eat and drink. Afterwards, shortly before sunset, they conclude the judgment and have him executed.
Halacha 6
Mourning rites are not held for those executed by the court. Their relatives come and inquire about the well-being of the witnesses and the well-being of the judges to show that they have no bad feelings against them in their hearts and that they acknowledge that their judgment was true. Although they do not observe the mourning rites, they do observe aninut. For aninut is solely a reflection of the feeling in one's heart.
Halacha 7
When a person was sentenced in one court, fled, and brought to another court, we do not reopen his case. Instead, wherever two people will arise and state: "We testify that this person was sentenced to death in this court and that so-and-so and so-and-so are those who testified against him," he is executed.
When does the above apply? To a murderer. Other people who are obligated to be executed are not given that punishment until the witnesses who originally testified against them come and testify that they were sentenced to death. The witnesses must then execute the convicted themselves. The above applies provided testimony is given in a court of 23 judges.
Halacha 8
When a person was sentenced to death by a court in the diaspora and fled to a court in Eretz Yisrael, we reopen his case at least. If he comes before the same court who sentenced him in the diaspora, we do not reopen his case, even though they sentenced him in the diaspora and now they are in Eretz Yisrael.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 14
Halacha 1
Four types of execution were given to the court: stoning, burning, decapitation with a sword, and strangulation. Stoning and burning are explicitly mentioned in the Torah. Moses our teacher taught that whenever the Torah mentions the death sentence without any further description, the intent is strangulation. When a person kills a colleague, he should be decapitated. Similarly, the inhabitants of a city that goes astray are executed by decapitation.
Halacha 2
Every one of these forms of execution involves a positive commandment for the court to execute a person with the form of death for which he is liable. A king has permission to execute using only one of them - by decapitation.
Halacha 3
Whenever a person is obligated to be executed and the court did not execute him, the judges negated the observance of a positive commandment, but do not transgress a negative commandment. There is one exception: a sorcerer. If they do not kill him, they violate a negative commandment, as Exodus 22:17 states: "Do not allow a sorcerer to live."
Halacha 4
Stoning to death is a more severe form of execution than burning. Burning is a more sever form than decapitation, and decapitation is more sever than strangulation.
When a person is liable to be executed with two different forms of execution, he should be executed with the more severe form. This applies whether he committed two transgressions, one after the other, or he committed one transgression which involved two death penalties. Even if he was sentenced to be executed for the less severe form of execution and afterwards, committed a transgression punishable by the more severe form, should he be convicted, he is executed in the more severe manner.
Halacha 5
Both men and women are executed in these four manners.
Halacha 6
Whenever people who are all liable to be executed are mixed together, each one of them is executed in the less severe manner.
Halacha 7
When a person who has been sentenced to death becomes mixed together with others and it is unable to distinguish him from them, and similarly, when a person who was not convicted becomes mixed together with others who have been convicted and sentenced to death and it is unable to distinguish him from them, they are all released from liability. The rationale is that we complete the judgment of a person only when he is present.
Halacha 8
When a convicted person fights for his life and it is impossible for the court to have him bound so that he can be executed in the manner in which he is obligated to die, the witnesses should kill him in any manner they can, for he has been sentenced to death. No one else, however, has the right to kill him first.
For this reason, if the hands of the witnesses are cut off, the convicted person is released. If, however, at the outset, the witnesses did not have hands, the convicted person should be executed by others.
When does the above apply? To all people who are liable to be executed by the court with the exception of a murderer. When, however, a murderer has been sentenced by the court every person should pursue him using any means possible to kill him until he is executed.
Halacha 9
All of the people executed by the court should not be buried in their family plots together with the entire Jewish people. Instead, the court sets aside two different burial plots: one for those who are stoned and those who are burnt, and the other for those who are decapitated and strangled. This is a halachah conveyed by the Oral Tradition.
When the flesh of the corpse decomposes, they would gather the bones and rebury them in their ancestral plots. The relatives may make a coffin and shrouds in which to rebury the bones.
Halacha 10
The court must be very patient with regard to laws involving capital punishment and ponder the matter without being hasty. Whenever a court executes a person once in seven years, it is considered a savage court. Nevertheless, if it happens that they must execute a person every day, they do. They do not, however, judge two cases involving capital punishment on the same day. Instead, one is judged
immediately, and the other on the following day.
If, however, the two people committed the same sin and are punished with the same form of execution, e.g., a man and a woman who committed adultery, we judge both of them on the same day. Therefore if an adulterer had relations with the daughter of a priest, since he is executed by strangulation and she is burnt to death, they are not executed on the same day.
Halacha 11
Cases involving capital punishment are adjudicated only when the Temple is standing. It is also necessary that the High Court hold its sessions in the Chamber of Hewn Stone in the Temple. This is derived from the statements of Deuteronomy 17:12 with regard to a rebellious elder: "who refuses to heed the priest." According to the Oral Tradition, it was taught: "At a time when there is a priest offering sacrifices on the altar, cases involving capital punishment are adjudicated." This applies provided the court is holding sessions in its place.
Halacha 12
At the outset, when the Temple was constructed, the Supreme Sanhedrin would hold session in the Chamber of Hewn Stone in the Courtyard of the Israelites. The place where the judges would sit was not consecrated. For only kings of the House of David were permitted to sit in the Temple Courtyard.
When the moral character of the Jewish people declined, the Sanhedrin went in exile. They traveled to ten different places in exile, the last being Tiberias. Afterwards, until the present age, the Supreme Sanhedrin has never been convened. And it is an accepted tradition, that in the future, the Sanhedrin will first convene in Tiberias, and from there, they will proceed to the Temple.
Halacha 13
40 years before the destruction of the Temple, capital punishment was nullified among the Jewish people. Although the Temple was still standing, since the Sanhedrin went into exile and were not in their place in the Temple, these laws could not be enforced.
Halacha 14
In the era when cases involving capital punishment were adjudicated in Eretz Yisrael, such cases could also be adjudicated in the diaspora, provided the members of that court received semichah in Eretz Yisrael. As we have already stated, the Sanhedrin exercises judicial authority in Eretz Yisrael and in the diaspora.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 15
Halacha 1
How is the mitzvah of stoning carried out? Four cubits from the place of execution, we remove the clothes of the person to be stoned; we do, however, cover his sexual organ in front. A woman is not executed naked. Instead, she is allowed to wear one cloak.
The place of execution was two storeys high. The convicted person ascends there with his hands tied, together with his witnesses. One of the witnesses pushes him at his loins from behind, he falls over, landing on his heart on the ground. If he dies because of this, they have fulfilled their obligation, for Exodus 19:13 states: "Or he will be cast down or stoned," creating an equation between a person who has a stone fall upon him with one who himself falls on the earth.
If he does not die after this fall, the witnesses pick up a stone that is so large it requires two people to carry it. The second witness lets go and the first casts the stone on the convicted person's heart. If he dies because of this, they have fulfilled their obligation. If not, he should be stoned by the entire Jewish people, as Deuteronomy 17:7 states: "The hand of the witnesses shall be raised up against him first to execute him, and the hand of the entire nation afterwards."
Halacha 2
An idolater should be stoned at the gateway to the place where he performed the transgression. If the majority of the population of a city are gentiles, he should be stoned at the entrance to the court. This concept has been conveyed by the Oral Tradition. The term "to your gates" where Deuteronomy 17:8 states that an idolater should be executed refers to the gate where he performed the transgression and not the gate where he was sentenced.
Halacha 3
The mitzvah of executing a person by burning is performed as follows: The convicted is placed in fertilizer until his knees. A firm cloth is placed within a soft cloth and they are wound around his neck. The two witnesses are positioned on either side and each pull the cloths toward himself until the convicted opens his mouth. Tin, lead, and the like are melted down and then poured into his mouth. The molten metal descends and burns his innards.
Halacha 4
The mitzvah of decapitation is performed as follows: We cut of his head with a sword as the kings do.
Halacha 5
The mitzvah of executing a person by strangulation is performed as follows: The convicted is placed in fertilizer until his knees. A firm cloth is placed within a soft cloth and they are wound around his neck. Each of the two witnesses pulls the cloths toward himself until the convicted expires.
Halacha 6
It is a positive commandment to hang a blasphemer and an idolater after they have been executed, as implied by Deuteronomy 21:23: "A person who is hung is cursing God." This refers to the blasphemer. With regard to an idolater, Numbers 15:30 states: "He blasphemes God."
A man is hung, but a woman is not hung, as implied by Deuteronomy 21:22: "When a man has sinned and is condemned to die, after he is executed, you shall hang him...."
Halacha 7
How is the mitzvah of hanging carried out? After the convicted is stoned, a beam is implanted in the ground with a rafter protruding from it. The two hands of the corpse are intercrossed and he is hung close to sunset.
He is released immediately. If not, a negative commandment is transgressed, as Ibid.:23 states: "Do not let his corpse tarry overnight on the beam."
Halacha 8
It is a positive mitzvah to bury the persons executed by the court on the day of their execution, as Ibid. states: "For you shall surely bury him on that day."
Not only those executed by the court, but anyone who leaves a deceased overnight without burying him transgresses a negative commandment. If, however, a burial is delayed overnight to honor the deceased, e.g., to bring a coffin or shrouds, there is no transgression.
Halacha 9
We do not hang a person on a tree that is still growing from the ground, only from one which has been detached. In this way, the tree will not have to be chopped down before the person's burial. For the tree on which the executed is hung is buried with him, so that it will not be an unfavorable remembrance, causing people to say: "This is the tree on which so-and-so was hung."
Similarly, the stone, the sword, and the cloths used for execution are all buried near the deceased, but not in his actual grave.
Halacha 10
The Torah mentions18 people who are executed by stoning. They are: a) a person who engages in relations with his mother, b) with his father's wife, c) his daughter-in-law, d) a maiden who was consecrated, e) a man involved in homosexual relations, f) a man who sodomizes an animal, g) a woman who has relations with an animal, h) a blasphemer, i) an idolater, j) a person who gives his descendants to Molech, k) a person who divines with an ov, l) a person who divines with an yidoni, m) a person who entices others to worship idols, n) the people who lead a city to idol worship, o) a sorcerer, p) a person who desecrates the Sabbath, q) a person who curses his father or his mother, and r) a wayward and rebellious son.
Halacha 11
There are 10 people who are executing by burning: a) a priest's daughter who commits adultery, b) a person who has relations with his daughter, c) with his daughter's daughter, d) with his son's daughter, e) with his wife's daughter, f) with the daughter of his wife's daughter, g) with the daughter of his wife's son, h) with his mother-in-law, i) with the mother of his mother-in-law, and j) with the mother of his father-in-law.
The latter prohibitions apply if the man has relations with them during his wife's lifetime. After his wife's death, these relations are punishable by kerait alone like other incestuous relationships.
Halacha 12
There are two who are decapitated: a murderer, and the inhabitants of a city enticed to idolatry.
Halacha 13
There are six who are executed by strangulation: a) an adulterer, b) a person who wounds his father or mother, c) a person who kidnaps a fellow Jew, d) a rebellious elder, e) an a false prophet, and f) a person who prophecies in the name of a false deity.
Thus the court executes individuals for a totality of 36 prohibitions.
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Hayom Yom:
Wednesday, 26 & Thursday, 27 & Friday, 28 & Shabbat, 29 Cheshvan 5775 • 19 & 20 & 21 & & 22 November 2014
"Today's Day"
Wednesday, Cheshvan 26, 5704
Torah lessons: Chumash: Tol'dot, Revi'i with Rashi.
Tehillim: 119, 97 to end.
Tanya: To understand how (p. 593) ...stressing before G-d. (p. 595).
The true way is to know one's character, truly recognizing one's own deficiencies and one's good qualities. And when one knows his deficiencies - he should correct them with actual avoda, and not satisfy himself merely with bemoaning them.1
FOOTNOTES
1. See Tevet 23.
Thursday, Cheshvan 27, 5704
Torah Lesson: Chumash: Tol'dot, Chamishi with Rashi.
Tehillim: 120-134.
Tanya: Examine Etz Chayim (p. 595) ...as is known. (p. 597).
R. Aizik Homiler related: When I came to Lyozna I met elder chassidim who had been chassidim of the Maggid and of R. Menachem Mendel of Horodok. They used to say:
Have affection for a fellow-Jew and G-d will have affection for you;
do a kindness for a fellow-Jew and G-d will do a kindness for you;
befriend a fellow-Jew and G-d will befriend you.
Friday, Cheshvan 28, 5704
Torah Lesson: Chumash: Tol'dot, Shishi with Rashi.
Tehillim: 135-139.
Tanya: To understand the (p. 597) ...on Pekudei.) (p. 599).
The concept of Divine Providence is this: Not only are all particular movements of the various creatures directed by Providence, and not only is that Providence itself the life-force and maintained existence of every creature - but even more, the particular movement of any creature is in general terms related to the grand design of Creation... The aggregate of all individual acts brings to completion G-d's grand design in the mystery of all Creation.
Ponder this: If the swaying of a blade of grass is brought about by Divine Providence and is crucial to the fulfillment of the purpose of Creation, how much more so with regard to mankind in general, and Israel (the people close to him)1 in particular!
FOOTNOTES
1. Tehillim 148:14; Siddur p. 36.
Shabbat, Cheshvan 29, 5704
Bless Rosh Chodesh Kislev. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Tol'dot, Shevi'i with Rashi.
Tehillim: 140-150.
Tanya: To return to (p. 599) ...children to Atzilut. (p. 601).
We cannot adequately describe the great merit of those who participate in the sacred avoda of saying Tehillim with a minyan, and the great pleasure this avoda causes On High, as discussed in sacred texts and in very tiny part in Kuntres Takanat Amirat Tehillim B'rabim (Koveitz Michtavim 1).1
How fortunate are you Israel, and for this may you all be blessed with proper health and with super-abundant livelihood - you, your wives, your sons and your daughters (G-d grant them eternal life.)2 In your merit may all the congregation of Israel in your communities be helped (among all our Jewish brethren) in all they need, materially and spiritually.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
FOOTNOTES
1. This has appeared in English as "Saying Tehillim," Kehot, N.Y.
2. C.f. Yeshayahu 38:16; see Tamuz 13.
____________________________
Daily Thought:
True Naivete
What is it that the child has to teach?
The child naively believes that everything should be fair
and everyone should be honest,
that only good should prevail,
that everybody should have what they want
and there should be no pain or sadness.
The child believes the world should be perfect
and is outraged to discover it is not.
And the child is right.
Childish Teaching
A child cannot learn something
without running out and screaming it to others.
And so it should be with all those who have knowledge.(2 Iyar, 5736, sicha 2.)
The Engaged Child
Watch the child involved in an activity.
Whatever the child is doing, there is the child,
all the child.
The Engaged Child
Watch the child involved in an activity.
Whatever the child is doing, there is the child,
all the child.
____________________________
Wednesday, Cheshvan 26, 5704
Torah lessons: Chumash: Tol'dot, Revi'i with Rashi.
Tehillim: 119, 97 to end.
Tanya: To understand how (p. 593) ...stressing before G-d. (p. 595).
The true way is to know one's character, truly recognizing one's own deficiencies and one's good qualities. And when one knows his deficiencies - he should correct them with actual avoda, and not satisfy himself merely with bemoaning them.1
FOOTNOTES
1. See Tevet 23.
Thursday, Cheshvan 27, 5704
Torah Lesson: Chumash: Tol'dot, Chamishi with Rashi.
Tehillim: 120-134.
Tanya: Examine Etz Chayim (p. 595) ...as is known. (p. 597).
R. Aizik Homiler related: When I came to Lyozna I met elder chassidim who had been chassidim of the Maggid and of R. Menachem Mendel of Horodok. They used to say:
Have affection for a fellow-Jew and G-d will have affection for you;
do a kindness for a fellow-Jew and G-d will do a kindness for you;
befriend a fellow-Jew and G-d will befriend you.
Friday, Cheshvan 28, 5704
Torah Lesson: Chumash: Tol'dot, Shishi with Rashi.
Tehillim: 135-139.
Tanya: To understand the (p. 597) ...on Pekudei.) (p. 599).
The concept of Divine Providence is this: Not only are all particular movements of the various creatures directed by Providence, and not only is that Providence itself the life-force and maintained existence of every creature - but even more, the particular movement of any creature is in general terms related to the grand design of Creation... The aggregate of all individual acts brings to completion G-d's grand design in the mystery of all Creation.
Ponder this: If the swaying of a blade of grass is brought about by Divine Providence and is crucial to the fulfillment of the purpose of Creation, how much more so with regard to mankind in general, and Israel (the people close to him)1 in particular!
FOOTNOTES
1. Tehillim 148:14; Siddur p. 36.
Shabbat, Cheshvan 29, 5704
Bless Rosh Chodesh Kislev. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Tol'dot, Shevi'i with Rashi.
Tehillim: 140-150.
Tanya: To return to (p. 599) ...children to Atzilut. (p. 601).
We cannot adequately describe the great merit of those who participate in the sacred avoda of saying Tehillim with a minyan, and the great pleasure this avoda causes On High, as discussed in sacred texts and in very tiny part in Kuntres Takanat Amirat Tehillim B'rabim (Koveitz Michtavim 1).1
How fortunate are you Israel, and for this may you all be blessed with proper health and with super-abundant livelihood - you, your wives, your sons and your daughters (G-d grant them eternal life.)2 In your merit may all the congregation of Israel in your communities be helped (among all our Jewish brethren) in all they need, materially and spiritually.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
FOOTNOTES
1. This has appeared in English as "Saying Tehillim," Kehot, N.Y.
2. C.f. Yeshayahu 38:16; see Tamuz 13.
____________________________
Daily Thought:
True Naivete
What is it that the child has to teach?
The child naively believes that everything should be fair
and everyone should be honest,
that only good should prevail,
that everybody should have what they want
and there should be no pain or sadness.
The child believes the world should be perfect
and is outraged to discover it is not.
And the child is right.
Childish Teaching
A child cannot learn something
without running out and screaming it to others.
And so it should be with all those who have knowledge.(2 Iyar, 5736, sicha 2.)
The Engaged Child
Watch the child involved in an activity.
Whatever the child is doing, there is the child,
all the child.
The Engaged Child
Watch the child involved in an activity.
Whatever the child is doing, there is the child,
all the child.
____________________________
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