Today's Laws & Customs:
Today in Jewish History:
DAILY QUOTE:
Abraham caused G-d's name to be spoken in the mouths of all passerby. How so? After they ate and drank [in his home], they made to bless him. Said he to them: "Have you eaten of mine? Your food has been provided by the G-d of the world! Thank, praise and bless He who spoke the world into being!"(Talmud, Sotah 10a)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:DAILY QUOTE:
Abraham caused G-d's name to be spoken in the mouths of all passerby. How so? After they ate and drank [in his home], they made to bless him. Said he to them: "Have you eaten of mine? Your food has been provided by the G-d of the world! Thank, praise and bless He who spoke the world into being!"(Talmud, Sotah 10a)
DAILY STUDY:
Chumash: Vayeitzei, 3rd Portion Genesis 29:18-30:13 with Rashi
• Chapter 29
18. And Jacob loved Rachel, and he said, "I will work for you seven years for Rachel, your younger daughter." יח. וַיֶּאֱהַב יַעֲקֹב אֶת רָחֵל וַיֹּאמֶר אֶעֱבָדְךָ שֶׁבַע שָׁנִים בְּרָחֵל בִּתְּךָ הַקְּטַנָּה:
I will work for you seven years: (Gen. Rabbah 67:10, 70:17) They are the few days of which his mother said, “And you shall dwell with him for a few days.” (27:44 above) You should know that this is so, because it is written: “and they appeared to him like a few days.” (verse 20)
אעבדך שבע שנים: הם ימים אחדים שאמרה לו אמו (לעיל כז מד) וישבת עמו ימים אחדים. ותדע שכן הוא, שהרי כתיב (להלן פסוק כ) ויהיו בעיניו כימים אחדים:
for Rachel, your younger daughter: Why were all these signs necessary? Since he (Jacob) knew that he (Laban) was a deceiver, he said to him, “I will work for you for Rachel,” and lest you say [that I meant] another Rachel from the street, Scripture states: “Your daughter.” Now, lest you say, “I will change her name to Leah, and I will name her (Leah) Rachel,” Scripture states: “[your] younger [daughter].” Nevertheless, it did not avail him, for he (Laban) deceived him. — [from Gen. Rabbah 70:17]
ברחל בתך הקטנה: כל הסימנים הללו למה, לפי שיודע בו שהוא רמאי אמר לו אעבדך ברחל, ושמא תאמר רחל אחרת מן השוק, תלמוד לומר בתך, ושמא תאמר אחליף ללאה שמה ואקרא שמה רחל, תלמוד לומר הקטנה ואף על פי כן לא הועיל לו שהרי רמהו:
19. And Laban said, "It is better that I give her to you than I should give her to another man. Stay with me." יט. וַיֹּאמֶר לָבָן טוֹב תִּתִּי אֹתָהּ לָךְ מִתִּתִּי אֹתָהּ לְאִישׁ אַחֵר שְׁבָה עִמָּדִי:
20. So Jacob worked for Rachel seven years, but they appeared to him like a few days because of his love for her. כ. וַיַּעֲבֹד יַעֲקֹב בְּרָחֵל שֶׁבַע שָׁנִים וַיִּהְיוּ בְעֵינָיו כְּיָמִים אֲחָדִים בְּאַהֲבָתוֹ אֹתָהּ:
21. And Jacob said to Laban, "Give me my wife, for my days are completed, that I may come to her." כא. וַיֹּאמֶר יַעֲקֹב אֶל לָבָן הָבָה אֶת אִשְׁתִּי כִּי מָלְאוּ יָמָי וְאָבוֹאָה אֵלֶיהָ:
for my days are completed: [The days] of which my mother told me. Moreover, my days are completed, for I am already eighty-four years old. When will I raise up twelve tribes? This is what he [meant when he] said, “that I may come to her.” Now, isn’t it true that even the most degenerate person would not say this? But he (Jacob) meant [that he intended] to beget generations. — [from Gen. Rabbah 70:18]
מלאו ימי: שאמרה לי אמי. ועוד מלאו ימי, שהרי אני בן שמונים וארבע שנה ואימתי אעמיד שנים עשר שבטים, וזהו שאמר ואבואה אליה, והלא קל שבקלים אינו אומר כן, אלא להוליד תולדות אמר כן:
22. So Laban gathered all the people of the place, and he made a feast. כב. וַיֶּאֱסֹף לָבָן אֶת כָּל אַנְשֵׁי הַמָּקוֹם וַיַּעַשׂ מִשְׁתֶּה:
23. And it came to pass in the evening that Laban took his daughter Leah, and he brought her to him, and he came to her. כג. וַיְהִי בָעֶרֶב וַיִּקַּח אֶת לֵאָה בִתּוֹ וַיָּבֵא אֹתָהּ אֵלָיו וַיָּבֹא אֵלֶיהָ:
24. And Laban gave Zilpah his maidservant to his daughter Leah as a maidservant. כד. וַיִּתֵּן לָבָן לָהּ אֶת זִלְפָּה שִׁפְחָתוֹ לְלֵאָה בִתּוֹ שִׁפְחָה:
25. And it came to pass in the morning, and behold she was Leah! So he said to Laban, "What is this that you have done to me? Did I not work with you for Rachel? Why have you deceived me?" כה. וַיְהִי בַבֹּקֶר וְהִנֵּה הִוא לֵאָה וַיֹּאמֶר אֶל לָבָן מַה זֹּאת עָשִׂיתָ לִּי הֲלֹא בְרָחֵל עָבַדְתִּי עִמָּךְ וְלָמָּה רִמִּיתָנִי:
And it came to pass in the morning, and behold she was Leah: But at night, she was not Leah, because Jacob had given signs to Rachel, but when she saw that they were bringing Leah, she (Rachel) said,“Now, my sister will be put to shame. So she readily transmitted those signs to her.” - [from Meg. 13b]
ויהי בבקר והנה היא לאה: אבל בלילה לא היתה לאה, לפי שמסר יעקב לרחל סימנים, וכשראתה רחל שמכניסין לו לאה אמרה עכשיו תכלם אחותי, עמדה ומסרה לה אותן סימנים:
26. And Laban said, "It is not done so in our place to give the younger one before the firstborn. כו. וַיֹּאמֶר לָבָן לֹא יֵעָשֶׂה כֵן בִּמְקוֹמֵנוּ לָתֵת הַצְּעִירָה לִפְנֵי הַבְּכִירָה:
27. Complete the [wedding] week of this one, and we will give you this one too, for the work that you will render me for another seven years." כז. מַלֵּא שְׁבֻעַ זֹאת וְנִתְּנָה לְךָ גַּם אֶת זֹאת בַּעֲבֹדָה אֲשֶׁר תַּעֲבֹד עִמָּדִי עוֹד שֶׁבַע שָׁנִים אֲחֵרוֹת:
Complete the [wedding] week of this one: Heb. שְׁבֻעַ. This is the construct state, because it is vocalized with a chataf (a sheva), [and means] the week of this one, which are the seven days of feasting [celebrated by a newly wedded couple]. [This appears in the] Talmud Yerushalmi , Mo’ed Katan (1:7). It is impossible to say [that it means] really a week [in the absolute state and should be rendered: this week,] because, if so, the “shin” would have to be vowelized with a “patach,” (he means to say a“kamatz” שָׁבֻעַ). Furthermore, שָׁבֻעַ is in the masculine gender, for it is written: (Deut. 16:9)“ You shall count seven weeks (שִׁבְעָה שָׁבֻעֹת) .” Therefore, it does not signify a week but seven [days], septaine in Old French.
מלא שבוע זאת: דבוק הוא שהרי נקוד בחטף שבוע של זאת, והן שבעת ימי המשתה בתלמוד ירושלמי במועד קטן (א ז). ואי אפשר לומר שבוע ממש, שאם כן היה צריך לינקד בפתח השין. ועוד ששבוע לשון זכר, כדכתיב (דברים טז ט) שבעה שבועות תספר לך, לפיכך אין משמע שבוע אלא שבעה שייטיינ"א בלע"ז [קבוצה של שבעה]:
and we will give to you: [This is] a plural expression, similar to (above 11;3, 7), “Let us descend and confuse” ; “and let us fire them.” This, too, is an expression of giving.
ונתנה לך: לשון רבים, כמו (לעיל יא ז) נרדה ונבלה, (שם ג) ונשרפה, אף זה לשון וניתן:
this one too: immediately after the seven days of feasting, and you will work after her marriage. — [from Pirkei d’Rabbi Eliezer , ch. 36]
גם את זאת: [מיד לאחר שבעת ימי המשתה] ותעבוד לאחר נשואיה:
28. And Jacob did so, and he completed the week of this one, and he gave his daughter Rachel to him as a wife. כח. וַיַּעַשׂ יַעֲקֹב כֵּן וַיְמַלֵּא שְׁבֻעַ זֹאת וַיִּתֶּן לוֹ אֶת רָחֵל בִּתּוֹ לוֹ לְאִשָּׁה:
29. And Laban gave his daughter Rachel his maidservant Bilhah, for a maidservant. כט. וַיִּתֵּן לָבָן לְרָחֵל בִּתּוֹ אֶת בִּלְהָה שִׁפְחָתוֹ לָהּ לְשִׁפְחָה:
30. And he came also to Rachel, and he also loved Rachel more than Leah; and he worked with him yet another seven years. ל. וַיָּבֹא גַּם אֶל רָחֵל וַיֶּאֱהַב גַּם אֶת רָחֵל מִלֵּאָה וַיַּעֲבֹד עִמּוֹ עוֹד שֶׁבַע שָׁנִים אֲחֵרוֹת:
yet another seven years: (Gen. Rabbah 70:20) Scripture compares the other ones to the first ones. Just as [he worked for him during] the first ones faithfully, so [did he work for him during] the other ones faithfully, although he (Laban) had dealt with him deceitfully.
ויעבוד עמו עוד שבע שנים אחרות: הקישן לראשונות, מה ראשונות באמונה אף האחרונות באמונה, ואף על פי שברמאות בא עליו:
31. And the Lord saw that Leah was hated, so He opened her womb; but Rachel was barren. לא. וַיַּרְא יְהֹוָה כִּי שְׂנוּאָה לֵאָה וַיִּפְתַּח אֶת רַחְמָהּ וְרָחֵל עֲקָרָה:
32. And Leah conceived and bore a son, and she named him Reuben, for she said, "Because the Lord has seen my affliction, for now my husband will love me." לב. וַתַּהַר לֵאָה וַתֵּלֶד בֵּן וַתִּקְרָא שְׁמוֹ רְאוּבֵן כִּי אָמְרָה כִּי רָאָה יְהֹוָה בְּעָנְיִי כִּי עַתָּה יֶאֱהָבַנִי אִישִׁי:
and she named him Reuben: (Ber. 7b) Our Sages explained: She said,“Look at the difference between my son and the son of my father-in-law, who sold the birthright to Jacob (above 25:33). This one (Reuben) did not sell it to Joseph, but he nevertheless did not contend against him but sought to take him out of the pit.”
ותקרא שמו ראובן: רבותינו פירשו, אמרה ראו מה בין בני לבן חמי שמכר הבכורה ליעקב, וזה לא מכרה ליוסף ולא ערער עליו, ולא עוד שלא ערער עליו אלא שביקש להוציאו מן הבור:
33. And she conceived again and bore a son, and she said, "Since the Lord has heard that I am hated, He gave me this one too." So she named him Simeon. לג. וַתַּהַר עוֹד וַתֵּלֶד בֵּן וַתֹּאמֶר כִּי שָׁמַע יְהֹוָה כִּי שְׂנוּאָה אָנֹכִי וַיִּתֶּן לִי גַּם אֶת זֶה וַתִּקְרָא שְׁמוֹ שִׁמְעוֹן:
34. And she conceived again and bore a son, and she said, "Now this time my husband will be attached to me, for I have borne him three sons; therefore, He named him Levi. לד. וַתַּהַר עוֹד וַתֵּלֶד בֵּן וַתֹּאמֶר עַתָּה הַפַּעַם יִלָּוֶה אִישִׁי אֵלַי כִּי יָלַדְתִּי לוֹ שְׁלשָׁה בָנִים עַל כֵּן קָרָא שְׁמוֹ לֵוִי:
this time my husband will be attached: Heb. יִלָּוֶה. Since the Matriarchs were prophetesses, they knew that twelve tribes would emanate from Jacob, and that he would marry four wives, she said, “From now on, he will find no fault with me for I have contributed my share in (producing) sons.” - [from Bereishith Rabbathi, attributed to Rabbi Moshe Hadarshan, Midrash Aggadah] [I.e., three sons were thought to be each wife’s share of the twelve.]
הפעם ילוה אשי: לפי שהאמהות נביאות היו ויודעות ששנים עשר שבטים יוצאים מיעקב וארבע נשים ישא, אמרה מעתה אין לו פתחון פה עלי, שהרי נטלתי כל חלקי בבנים:
therefore: Whoever is referred to with the expression עַל-כֵּן had a large population, except Levi, because the Ark destroyed many of them. — [from Gen. Rabbah 71:4]
על כן: כל מי שנאמר בו על כן מרובה באוכלוסין, חוץ מלוי שהארון היה מכלה בהם:
He named him Levi: [I wondered why] it is written concerning this one, “and he named,” while concerning all [the others], it is written, “and she named.” There is an aggadic midrash in Deuteronomy Rabbah, [which relates] how the Holy One, blessed be He, sent Gabriel and he brought him (Levi) before Him, and He gave him this name, and He gave him the twenty-four priestly gifts; and because he accompanied him (לִוָּהוּ) with gifts, he named him Levi.
קרא שמו לוי: תמהתי שבכולם כתיב ותקרא, וזה כתב בו קרא, ויש מדרש אגדה באלה הדברים רבה ששלח הקב"ה גבריאל והביאו לפניו וקרא לו שם זה ונתן לו עשרים וארבע מתנות כהונה, ועל שם שלוהו במתנות קראו לוי:
35. And she conceived again and bore a son, and she said, "This time, I will thank the Lord! Therefore, she named him Judah, and [then] she stopped bearing. לה. וַתַּהַר עוֹד וַתֵּלֶד בֵּן וַתֹּאמֶר הַפַּעַם אוֹדֶה אֶת יְהֹוָה עַל כֵּן קָרְאָה שְׁמוֹ יְהוּדָה וַתַּעֲמֹד מִלֶּדֶת:
This time, I will thank: since I have taken more than my share. Consequently, I must offer up thanks. — [from Gen. Rabbah 71:4]
הפעם אודה: שנטלתי יותר מחלקי, מעתה יש לי להודות:
Chapter 30
1. And Rachel saw that she had not borne [any children] to Jacob, and Rachel envied her sister, and she said to Jacob, "Give me children, and if not, I am dead." א. וַתֵּרֶא רָחֵל כִּי לֹא יָלְדָה לְיַעֲקֹב וַתְּקַנֵּא רָחֵל בַּאֲחֹתָהּ וַתֹּאמֶר אֶל יַעֲקֹב הָבָה לִּי בָנִים וְאִם אַיִן מֵתָה אָנֹכִי:
and Rachel envied her sister: She envied her good deeds. She said, “If she had not been more righteous than I, she would not have merited children” (Gen. Rabbah 71:5).
ותקנא רחל באחותה: קנאה במעשיה הטובים, אמרה אלולי שצדקה ממני לא זכתה לבנים:
Give me: Did your father [not] do that for your mother? Did he not pray for her?- [from Gen. Rabbah 71:7]
הבה לי: וכי כך עשה אביך לאמך, והלא התפלל עליה:
I am dead: From here [we learn] that whoever has no children is counted as dead. — [from Gen. Rabbah 71:6]
מתה אנכי: מכאן למי שאין לו בנים שחשוב כמת:
2. And Jacob became angry with Rachel, and he said, "Am I instead of God, Who has withheld from you the fruit of the womb?" ב. וַיִּחַר אַף יַעֲקֹב בְּרָחֵל וַיֹּאמֶר הֲתַחַת אֱלֹהִים אָנֹכִי אֲשֶׁר מָנַע מִמֵּךְ פְּרִי בָטֶן:
Am I instead of God: Am I in His place?
התחת א-להים אנכי: וכי במקומו אני:
Who has withheld from you: You say that I should do as my father did. I am not like my father. My father had no sons [at the time he prayed], but I have sons. [It is thus apparent that] He has withheld [children] from you, not from me. — [from Gen. Rabbah 71:7]
אשר מנע ממך: את אמרת שאעשה כאבא, אני איני כאבא, אבא לא היו לו בנים אני יש לי בנים, ממך מנע ולא ממני:
3. So she said, "Here is my maidservant Bilhah; come to her, and she will bear [children] on my knees, so that I, too, will be built up from her." ג. וַתֹּאמֶר הִנֵּה אֲמָתִי בִלְהָה בֹּא אֵלֶיהָ וְתֵלֵד עַל בִּרְכַּי וְאִבָּנֶה גַם אָנֹכִי מִמֶּנָּה:
on my knees: As the Targum renders: and I will rear [them].
על ברכי: כתרגומו ואנא ארבי:
so that I, too, will be built up: What is [the meaning of] “too” ? She said to him, “Your grandfather Abraham had sons from Hagar; yet he girded his loins (he prayed fervently) on Sarah’s behalf.” He replied, “My grandmother brought her rival into her house.” She said, “If this matter is holding things up (prevents me from having children), here is my maidservant.” - [from Gen. Rabbah 71:7]
ואבנה גם אנכי: מהו גם, אמרה לו זקנך אברהם היו לו בנים מהגר, וחגר מתניו כנגד שרה, אמר לה זקנתי הכניסה צרתה לביתה, אמרה לו אם הדבר הזה מעכב, הנה אמתי בלהה:
so that I, too, will be built up from her: like Sarah. — [from Gen. Rabbah 71:7]
ואבנה גם אנכי ממנה: כשרה:
4. So she gave him her maidservant Bilhah for a wife, and Jacob came to her. ד. וַתִּתֶּן לוֹ אֶת בִּלְהָה שִׁפְחָתָהּ לְאִשָּׁה וַיָּבֹא אֵלֶיהָ יַעֲקֹב:
5. And Bilhah conceived, and she bore Jacob a son. ה. וַתַּהַר בִּלְהָה וַתֵּלֶד לְיַעֲקֹב בֵּן:
6. And Rachel said, "God has judged me, and He has also hearkened to my voice and has given me a son"; so she named him Dan. ו. וַתֹּאמֶר רָחֵל דָּנַנִּי אֱלֹהִים וְגַם שָׁמַע בְּקֹלִי וַיִּתֶּן לִי בֵּן עַל כֵּן קָרְאָה שְׁמוֹ דָּן:
God has judged me: He judged me, declared me guilty, and then declared me innocent. — [from Gen. Rabbah 71:7].
דנני א-להים: דנני וחייבני וזכני:
7. And Bilhah, Rachel's maidservant, conceived again and bore Jacob a second son. ז. וַתַּהַר עוֹד וַתֵּלֶד בִּלְהָה שִׁפְחַת רָחֵל בֵּן שֵׁנִי לְיַעֲקֹב:
8. And Rachel said, "[With] divine bonds I have been joined to my sister; I have also prevailed"; so she named him Naftali. ח. וַתֹּאמֶר רָחֵל נַפְתּוּלֵי אֱלֹהִים | נִפְתַּלְתִּי עִם אֲחֹתִי גַּם יָכֹלְתִּי וַתִּקְרָא שְׁמוֹ נַפְתָּלִי:
divine bonds: Heb. נַפְתּוּלֵי אֱלֹהִים. Menachem ben Saruk (p. 147) classified it in the grouping of Num. 19:15,“a cover bound (פָּתִיל) .” With bonds from the Omnipresent, I have joined my sister to merit children. But I interpret it as an expression of“perverse and crooked (וּפְתַלְתֹּל).” (Deut. 32:5). I have stubbornly pleaded many tortuous pleas to the Omnipresent to be equal to my sister.
נפתולי א-להים: מנחם בן סרוק פירשו במחברת (במדבר יט טו) צמיד פתיל, חבורים, מאת המקום נתחברתי עם אחותי לזכות לבנים. ואני מפרשו לשון (דברים לב ה) עקש ופתלתול, נתעקשתי והפצרתי פצירות ונפתולים הרבה למקום להיות שוה לאחותי:
I have also prevailed: He yielded to my importunities. Onkelos, however, rendered it as an expression of prayer (תְּפִלָּה) : נַפְתּוּלֵי אֱלֹהִים נִפְתַּלְתִּי. Requests beloved to Him were accepted on my behalf, and I was answered like my sister.
גם יכלתי: הסכים על ידי. ואונקלוס תרגם לשון תפילה, כמו נפתולי א-להים, נתפללתי בקשות החביבות לפניו, נתקבלתי ונעתרתי כאחותי:
נִפְתַּלְתִּי: means my prayer was accepted. There are many aggadic midrashim that interpret this phrase with the method of notarikon, (i.e., each group of letters represents a word).
נפתלתי: נתקבלה תפלתי. ומדרש אגדה יש רבים בלשון נוטריקון:
9. When Leah saw that she had stopped bearing [children], she took her maidservant Zilpah, and gave her to Jacob for a wife. ט. וַתֵּרֶא לֵאָה כִּי עָמְדָה מִלֶּדֶת וַתִּקַּח אֶת זִלְפָּה שִׁפְחָתָהּ וַתִּתֵּן אֹתָהּ לְיַעֲקֹב לְאִשָּׁה:
10. And Zilpah, Leah's maidservant, bore Jacob a son. י. וַתֵּלֶד זִלְפָּה שִׁפְחַת לֵאָה לְיַעֲקֹב בֵּן:
And Zilpah…bore: In the case of all of them (i.e., all Jacob’s wives), conception is mentioned, except for Zilpah, because she was the youngest of them all and so young in years that her pregnancy was not noticed. In order to deceive Jacob, Laban gave her to Leah, so that he would not perceive that they were bringing in Leah, for this was their custom, to give the older maidservant to the older [daughter] and the younger [maidservant] to the younger [daughter]. — [from Gen. Rabbah 71: 9]
ותלד זלפה: בכולן נאמר הריון חוץ מזלפה לפי שהיתה בחורה מכולן ותינוקת בשנים ואין הריון ניכר בה, וכדי לרמות ליעקב נתנה לבן ללאה שלא יבין שמכניסין לו את לאה, שכך מנהג ליתן שפחה גדולה לגדולה וקטנה לקטנה:
11. And Leah said, "Luck has come"; so she named him Gad. יא. וַתֹּאמֶר לֵאָה בָּא גָד וַתִּקְרָא אֶת שְׁמוֹ גָּד:
“Luck has come”: Heb. בָּא גָּד. Good luck has come [Targum Jonathan ben Uzziel] similar to (Shab. 67b)“ May my fate be lucky (גָד גַדִּי) and not fatigued,” and similar to this (Isa. 65:11), “who set a table for Gad.” According to the Aggadah [Midrash Aggadah in the name of“some say”], he was born circumcised גָּד, meaning “cut off”), like Dan. 4:11,“cut down (גֹּדוּ) the tree,” but I do not know why it is written as one word (בָּגָד) [in our verse]. Another explanation: Why is it read as one word? בָּגָד is like בָּגַדְתּ ָבִּי, you betrayed me when you came to my handmaid, as a man who has betrayed (בָּגַד) the wife of his youth.
בא גד: בא מזל טוב, כמו (שבת סז ב) גד גדי וסנוק לא, ודומה לו (ישעיה סה יא) העורכים לגד שלחן. ומדרש אגדה שנולד מהול, כמו (דניאל ד כ) גדו אילנא, ולא ידעתי על מה נכתבה תיבה אחת. דבר אחר למה נקראת תיבה אחת בגד, כמו בגדת בי כשבאת אל שפחתי, כאיש שבגד באשת נעורים:
12. And Zilpah, Leah's maidservant, bore Jacob a second son. יב. וַתֵּלֶד זִלְפָּה שִׁפְחַת לֵאָה בֵּן שֵׁנִי לְיַעֲקֹב:
13. And Leah said, "Because of my good fortune, for women have declared me fortunate"; so she named him Asher. יג. וַתֹּאמֶר לֵאָה בְּאָשְׁרִי כִּי אִשְּׁרוּנִי בָּנוֹת וַתִּקְרָא אֶת שְׁמוֹ אָשֵׁר:
___________________________
Daily Tehillim: Psalms Chapters 18 - 22
• Chapter 18
If one merits a public miracle, he should offer a song to God, including in his song all the miracles that have occurred since the day the world was created, as well as the good that God wrought for Israel at the giving of the Torah. And he should say: "He Who has performed these miracles, may He do with me likewise."
1. For the Conductor. By the servant of the Lord, by David, who chanted the words of this song to the Lord on the day the Lord delivered him from the hand of all his enemies, and from the hand of Saul.
2. He said, "I love You, Lord, my strength.
3. The Lord is my rock, my fortress, and my rescuer. My God is my strength in Whom I take shelter, my shield, the horn of my salvation, my stronghold.
4. With praises I call upon the Lord, and I am saved from my enemies.
5. For the pangs of death surrounded me, and torrents of evil people terrified me.
6. Pangs of the grave encompassed me; snares of death confronted me.
7. In my distress I called upon the Lord, I cried out to my God; and from His Sanctuary He heard my voice, and my supplication before Him reached His ears.
8. The earth trembled and quaked; the foundations of the mountains shook-they trembled when His wrath flared.
9. Smoke rose in His nostrils, devouring fire blazed from His mouth, and burning coals flamed forth from Him.
10. He inclined the heavens and descended, a thick cloud was beneath His feet.
11. He rode on a cherub and flew; He soared on the wings of the wind.
12. He made darkness His concealment, His surroundings His shelter-of the dense clouds with their dark waters.
13. Out of the brightness before Him, His clouds passed over, with hailstones and fiery coals.
14. The Lord thundered in heaven, the Most High gave forth His voice-hailstones and fiery coals.
15. He sent forth His arrows and scattered them; many lightnings, and confounded them.
16. The channels of water became visible, the foundations of the world were exposed-at Your rebuke, O Lord, at the blast of the breath of Your nostrils.
17. He sent from heaven and took me; He brought me out of surging waters.
18. He rescued me from my fierce enemy, and from my foes when they had become too strong for me.
19. They confronted me on the day of my misfortune, but the Lord was my support.
20. He brought me into spaciousness; He delivered me because He desires me.
21. The Lord rewar-ded me in accordance with my righteousness; He repaid me according to the cleanliness of my hands.
22. For I have kept the ways of the Lord, and have not transgressed against my God;
23. for all His laws are before me, I have not removed His statutes from me.
24. I was perfect with Him, and have guarded myself from sin.
25. The Lord repaid me in accordance with my righteousness, according to the cleanliness of my hands before His eyes.
26. With the kindhearted You act kindly, with the upright man You act uprightly.
27. With the pure You act purely, but with the crooked You act cun- ningly.
28. For the destitute nation You save, but haughty eyes You humble.
29. Indeed, You light my lamp; the Lord, my God, illuminates my darkness.
30. For with You I run against a troop; with my God I scale a wall.
31. The way of God is perfect; the word of the Lord is pure; He is a shield to all who take refuge in Him.
32. For who is God except the Lord, and who is a rock except our God!
33. The God Who girds me with strength, and makes my path perfect.
34. He makes my feet like deers', and stands me firmly on my high places.
35. He trains my hands for battle, my arms to bend a bow of bronze.
36. You have given me the shield of Your deliverance, Your right hand upheld me; Your humility made me great.
37. You have widened my steps beneath me, and my knees have not faltered.
38. I pursued my enemies and overtook them; I did not turn back until I destroyed them.
39. I crushed them so that they were unable to rise; they are fallen beneath my feet.
40. You have girded me with strength for battle; You have subdued my adversaries beneath me.
41. You have made my enemies turn their backs to me, and my foes I cut down.
42. They cried out, but there was none to deliver them; to the Lord, but He did not answer them.
43. I ground them as the dust before the wind, I poured them out like the mud in the streets.
44. You have rescued me from the quarrelsome ones of the people, You have made me the head of nations; a nation I did not know became subservient to me.
45. As soon as they hear of me they obey me; strangers deny to me [their disloyalty].
46. Strangers wither away, they are terrified in their strongholds.
47. The Lord lives; blessed is my Rock; exalted is the God of my deliverance.
48. You are the God Who executes retribution for me, and subjugates nations under me.
49. Who rescues me from my enemies, Who exalts me above my adversaries, Who delivers me from the man of violence.
50. Therefore I will laud You, Lord, among the nations, and sing to Your Name.
51. He grants His king great salvations, and bestows kindness upon His anointed, to David and his descendants forever."
Chapter 19
To behold God's might one should look to the heavens, to the sun, and to the Torah, from which awesome miracles and wonders can be perceived--wonders that lead the creations to tell of God's glory.
1. For the Conductor, a psalm by David.
2. The heavens recount the glory of the Almighty; the sky proclaims His handiwork.
3. Day to day speech streams forth; night to night expresses knowledge.
4. There is no utterance, there are no words; their voice is inaudible.
5. Their arc extends throughout the world; their message to the end of the earth. He set in them [the heavens] a tent for the sun,
6. which is like a groom coming forth from his bridal canopy, like a strong man rejoicing to run the course.
7. Its rising is at one end of the heavens, and its orbit encompasses the other ends; nothing is hidden from its heat.
8. The Torah of the Lord is perfect, restoring the soul; the testimony of the Lord is trustworthy, making wise the simpleton.
9. The precepts of the Lord are just, rejoicing the heart; the command of the Lord is clear, enlightening the eyes.
10. The fear of the Lord is pure, abiding forever; the judgments of the Lord are true, they are all righteous together.
11. They are more desirable than gold, than much fine gold; sweeter than honey or the drippings of honeycomb.
12. Indeed, Your servant is scrupulous with them; in observing them there is abundant reward.
13. Yet who can discern inadvertent wrongs? Purge me of hidden sins.
14. Also hold back Your servant from willful sins; let them not prevail over me; then I will be unblemished and keep myself clean of gross transgression.
15. May the words of my mouth and the meditation of my heart be acceptable before You, Lord, my Strength and my Redeemer.
Chapter 20
If a loved one or relative is suffering-even in a distant place, where one is unable to help-offer this prayer on their behalf.
1. For the Conductor, a psalm by David.
2. May the Lord answer you on the day of distress; may the Name of the God of Jacob fortify you.
3. May He send your help from the Sanctuary, and support you from Zion.
4. May He remember all your offerings, and always accept favorably your sacrifices.
5. May He grant you your heart's desire, and fulfill your every counsel.
6. We will rejoice in your deliverance, and raise our banners in the name of our God; may the Lord fulfill all your wishes.
7. Now I know that the Lord has delivered His anointed one, answering him from His holy heavens with the mighty saving power of His right hand.
8. Some [rely] upon chariots and some upon horses, but we [rely upon and] invoke the Name of the Lord our God.
9. They bend and fall, but we rise and stand firm.
10. Lord, deliver us; may the King answer us on the day we call.
One who is endowed with prosperity, and whose every desire is granted, ought not be ungrateful. He should praise and thank God, recognize Him as the cause of his prosperity, and trust in Him. For everything comes from the kindness of the One Above.
1. For the Conductor, a psalm by David.
2. The king rejoices in Your strength, Lord; how greatly he exults in Your deliverance!
3. You have given him his heart's desire, and You have never withheld the utterance of his lips.
4. You preceded him with blessings of good; You placed a crown of pure gold on his head.
5. He asked of You life, You gave it to him-long life, forever and ever.
6. His glory is great in Your deliverance; You have placed majesty and splendor upon him.
7. For You make him a blessing forever; You gladden him with the joy of Your countenance.
8. For the king trusts in the Lord, and in the kindness of the Most High-that he will not falter.
9. Your hand will suffice for all Your enemies; Your right hand will find those who hate You.
10. You will make them as a fiery furnace at the time of Your anger. May the Lord consume them in His wrath; let a fire devour them.
11. Destroy their offspring from the earth, their descendants from mankind.
12. For they intended evil against You, they devised evil plans which they cannot execute.
13. For You will set them as a portion apart; with Your bowstring You will aim at their faces.
14. Be exalted, O Lord, in Your strength; we will sing and chant the praise of Your might.
Chapter 22
Every person should pray in agony over the length of the exile, and our fall from prestige to lowliness. One should also take vows (for self-improvement) in his distress.
1. For the Conductor, on the ayelet hashachar, a psalm by David.
2. My God, my God, why have You forsaken me! So far from saving me, from the words of my outcry?
3. My God, I call out by day, and You do not answer; at night-but there is no respite for me.
4. Yet You, Holy One, are enthroned upon the praises of Israel.
5. In You our fathers trusted; they trusted and You saved them.
6. They cried to You and were rescued; they trusted in You and were not shamed.
7. And I am a worm and not a man; scorn of men, contempt of nations.
8. All who see me mock me; they open their lips, they shake their heads.
9. But one that casts [his burden] upon the Lord-He will save him; He will rescue him, for He desires him.
10. For You took me out of the womb, and made me secure on my mother's breasts.
11. I have been thrown upon You from birth; from my mother's womb You have been my God.
12. Be not distant from me, for trouble is near, for there is none to help.
13. Many bulls surround me, the mighty bulls of Bashan encircle me.
14. They open their mouths against me, like a lion that ravages and roars.
15. I am poured out like water, all my bones are disjointed; my heart has become like wax, melted within my innards.
16. My strength is dried up like a potsherd, and my tongue cleaves to my palate; You set me in the dust of death.
17. For dogs surround me, a pack of evildoers enclose me; my hands and feet are like a lion's prey.
18. I count all my limbs, while they watch and gloat over me.
19. They divide my garments amongst them; they cast lots upon my clothing.
20. But You, Lord, do not be distant; my Strength, hurry to my aid!
21. Save my life from the sword, my soul from the grip of dogs.
22. Save me from the lion's mouth, as You have answered me from the horns of wild beasts.
23. I will recount [the praises of] Your Name to my brothers; I will extol You amidst the congregation.
24. You that fear the Lord, praise Him! Glorify Him, all you progeny of Jacob! Stand in awe of Him, all you progeny of Israel!
25. For He has not despised nor abhorred the entreaty of the poor, nor has He concealed His face from him; rather He heard when he cried to Him.
26. My praise comes from You, in the great congregation; I will pay my vows before those that fear Him.
27. Let the humble eat and be satisfied; let those who seek the Lord praise Him-may your hearts live forever!
28. All the ends of the earth will remember and return to the Lord; all families of nations will bow down before You.
29. For sovereignty is the Lord's, and He rules over the nations.
30. All the fat ones of the earth will eat and bow down, all who descend to the dust shall kneel before Him, but He will not revive their soul.
31. The progeny of those who serve Him will tell of the Lord to the latter generations.
32. They will come and relate His righteousness-all that He has done-to a newborn nation.
____________________________
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, 3 Kislev, 5775 • 25 November 2014
Kuntres Acharon, middle of Essay 4
והנה לקיום מצוה שאי אפשר לעשות על ידי אחרים, מבטלין תלמוד תורה, ואפילו מעשה מרכבה
To perform a mitzvah that cannot be delegated to another one forgoes Torah study,1 even [the study of] maaseh merkavah, the sublime Kabbalistic mysteries of the celestial “Chariot”,2
וכל שכן תפלה, שהיא בחינת מוחין ודחילו ורחימו שכליים
and beyond question one forgoes prayer, which is the state of intellect and intellectually-generated awe and love.
והטעם כנ״ל
The reason is as we have noted; i.e., in order to extract and refine the sparks by means of the practical mitzvot, this being the purpose of creation.
ועוד זאת, שבאמת מאד גדלה וגבהה מעלות המצות מעשיות, וכן לימודם, על מעלת המוחין, שהן דחילו ורחימו שכליים
In addition, indeed, the standing of the practical mitzvot and their study, far transcends the standing of intellect, meaning intellectually-generated awe and love.
The mitzvot requiring action are superior — in their performance and in the study of their laws — not only because they fulfill the ultimate purpose of creation through the extraction of the sparks, but also because they bond the soul with G‑d.
כי הגם דכתיב: ולדבקה בו, על ידי מדותיו
For though the verse declares,3 “and to cleave to Him,” i.e., through [cleaving to] His attributes (middot),4
When one acts in a kindly manner, for example, he cleaves to the Supernal Sefirah of Chesed — and the Sefirot are wholly one with G‑d.
מכל מקום, איננו דבק אפילו במדות העליונות אלא במציאותן, ולא במהותן
still, one does not cleave to the essence (mahut) of the Supernal attributes but only to [the externality of] their existence (metziut),
וכמו שכתוב: ואנכי עפר ואפר
as it is written,5 “I am dust and ashes.”
This was stated by Abraham with regard to the glimmer of his soul that illuminated his body, in comparing it to its source — an irradiation of Supernal Kindness, as explained above at length in Epistle XV, in the name of the Maggid of Mezritch.
Abraham experienced such an intense degree of love (deriving from the attribute of Chesed) toward G‑d, that he was a “chariot”, a vehicle humbly waiting to be steered by the hands of its Driver.6 Nevertheless, he declared that his measure of love for G‑d was but “dust and ashes” relative to the Supernal attribute of Chesed.
To appreciate the analogy: A tree, originally composed of the four elements of Fire, Air, Water and Earth, is burned. Losing its first three elements in smoke, it is reduced to its fourth element, mere ashes. Yet, though these ashes and the tree itself are of the same element, the ashes can hardly be compared to the original tree that was7a “beautiful to behold and good to eat.”
So, too, the attribute of kindness and love that Abraham possessed while his soul was in his body, cannot be compared to the attribute of Kindness which is one of the Supernal Sefirot.
It is thus to be seen that one does not cleave to the essence of the Supernal attributes but only to their external state, their state of mere existence.
וכל שכן באור אין סוף ברוך הוא, דלית מחשבה תפיסא ביה באורו והתפשטות החיות ממנו יתברך
This is all the more true with regard to the [infinite] Ein Sof-light, for no thought can apprehend Him in His radiance or the diffusion of the life-force issuing from Him.
כי אם במציאותו, שהוא שמחיה את כולם, ולא במהותו
One can only grasp His existence, that He gives life to all, but not His essence.
אפילו לעליונים, כמו שכתוב: קדוש קדוש קדוש ה׳ צבאות כו׳
This applies even to the supernal beings, of [whose praise] it is written,8 “Holy, holy, holy is the L‑rd of Hosts.”
The above phrase is uttered by the Seraphim, angels of the World of Beriah. They perceive that even as G‑d descends to relate to created beings so that He is called the “L‑rd of Hosts,” He is kadosh (“holy”), a term which implies that He is separate from them.
לבד עלולים נאצלים משיגים כי אם בעילתו
Only emanated “effects” can conceive their “cause”,
The spiritual beings of the World of Atzilut are each an “effect” (alul) brought about by a “cause” (ilah) in the levels higher than themselves. These beings vest themselves in each other in turn, and at each level are able to comprehend the antecedent “cause” that is vested within them,
כפי הסדר שבעץ חיים, בהתלבשות הפרצופים
according to the order recounted in Etz Chayim, concerning the investment of the visages (partzufim).
Etz Chayim explains how the “visages” of the Supernal Sefirot of Atzilut vest themselves in each other. Each “effect” is able to comprehend its “cause” — the “visage” that is garbed within it.
אבל לא לנבראים, אפילו לנשמות דאצילות
This is not the case with created beings, even with souls of Atzilut,
Though the souls of Atzilut are Divinity, still, since they have become sundered from the vessels of the Ten Sefirot (as explained above in Epistle XX9), they are termed “created beings” and are unable to apprehend the essence of G‑dliness.
כמו שכתוב במשה רבינו עליו השלום: וראית את אחורי כו׳
Thus it is written regarding Moses,10 “You will see My hinderpart” — an external manifestation11 of the mere existence (metziut) of Divinity, but not the essence (mahut).
Thus, through the vision of his soul alone, as the soul gazes upon G‑d without the benefit of mitzvot, even Moses could apprehend no more than externality, not essence.
* * *
FOOTNOTES
1. Moed Katan 9a.
2. Yechezkel 1.
3. Devarim 11:22.
4. ׳ Cf. Sotah 14a et al.
5. Bereishit 18:27.
6. Bereishit Rabbah 47:6; Tanya ch. 23.
7. Bereishit 2:9.
8. Yeshayahu 6:3.
9. Vol. IV in the present series, p. 376.
10. Shmot 33:22.
11. Note of the Rebbe: “Examine Iggeret HaKodesh, Epistle 19 [above].”
____________________________
Rambam:
Daily Mitzvah N 315N281, N316 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 3 Kislev, 5775 • 25 November 2014
Daily Mitzvah N 315N281, N316 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 3 Kislev, 5775 • 25 November 2014
Negative Commandment 315
Cursing Judges
"You shall not curse the judge"—Exodus 22:27.
It is forbidden to curse a judge.
Cursing Judges
Negative Commandment 315
Translated by Berel Bell
The 315th prohibition is that we are forbidden from cursing a judge.
The source of this prohibition is G‑d's statement,1 "You shall not curse the judges."
One who transgresses this prohibition is punished with lashes.
FOOTNOTES
1.Ex. 22:27.
Listening to a Single Litigant
"You shall not raise a false report"—Exodus 23:1.
A judge may not listen to the arguments of one of the parties in a case if the other party is not present. This because, for the most part, arguments presented by a party when not in the presence of the opposing party are false. This mitzvah ensures that the judge doesn't approach the case with any untrue prejudice.
This prohibition also includes:
The defendant may not present his case to the judge when not in the presence of his opponent [i.e., the prohibition applies to both the judge and the litigant].
Speaking lashon hara (evil gossip).
Listening to and believing lashon hara.
Giving false testimony.
Listening to a Single Litigant
Negative Commandment 281
Translated by Berel Bell
The 281st prohibition is that a judge is forbidden from hearing the claims of one of litigants if the other is not present.
The source of this prohibition is G‑d's statement,1 "Do not accept a false report."
The reason for this prohibition is that the majority of claims brought by one litigant without the other being present are false. The Torah therefore prohibited the judge from hearing such words, in order to keep him from having false and improper ideas in his mind.
The Mechilta2 says, "The verse, 'Do not accept a false report,' prohibits a judge from hearing the claim of one litigant without the other being present, and prohibits the litigant from speaking to the judge without the other litigant being present." Regarding this same prohibition the Torah commands,3 "Keep away from anything false," as explained in the 4th chapter of tractate Shavuos.4
Our Sages said that this prohibition also includes the prohibition against speaking loshon hora, listening to loshon hora, and giving false testimony, as explained in tractate Makkos.5
FOOTNOTES
1.Ibid., 23:1.
2.Ibid.
3.Ibid. 23:7.
4.31a.
5.23a.
________________________________________
Negative Commandment 316
Cursing a Leader
"Nor shall you curse the ruler of your people"—Exodus 22:27.
It is forbidden to curse the nasi. The term nasi applies to the individual in the highest position of power—whether that authority is governmental (i.e., the king), or in the realm of Torah (i.e., the sage who presides over the Sanhedrin, the Jewish Supreme Court).
Cursing a Leader
Negative Commandment 316
Translated by Berel Bell
The 316th prohibition is that we are forbidden from cursing a Nasi.1
The source of this prohibition is G‑d's statement2 (exalted be He), "A Nasi of your people do not curse."
The term Nasi is used in Scripture to refer to a king who has ruling authority, as in G‑d's statement,3 "If the Nasi sins..." As used in the words of our Sages, it refers solely to the head of the 70-member Sanhedrin. Throughout the Talmud and Mishneh we find mention of, "Nesi'im and heads of the High Court"; "Nasi and head of the High Court."4 Our Sages also said,5 "If a Nasi wants to overlook his honor, his honor may be overlooked. If a king wants to overlook his honor, his honor may not be overlooked."6
You should be aware that this prohibition includes both the Nasi [mentioned in the Talmud] and the king. The mitzvah comes to prohibit cursing anyone who is in the highest position of authority, regardless of whether his authority is in rulership [i.e., the king] or in Torah, i.e. the Yeshivah. This is apparent from the detailed description of this mitzvah.
One who transgresses this prohibition is punished with lashes.
FOOTNOTES
1.A leader (see below).
2.Ex. 22:27
3.Lev. 4:22.
4.See Chagigah 16b.
5.Sanhedrin 19b.
6.It is therefore clear that when the Sages use the term "Nasi," they do not refer to a King. Nevertheless, as the Rambam continues, this prohibition applies to both cases.
________________________________________
Cursing Judges
"You shall not curse the judge"—Exodus 22:27.
It is forbidden to curse a judge.
Cursing Judges
Negative Commandment 315
Translated by Berel Bell
The 315th prohibition is that we are forbidden from cursing a judge.
The source of this prohibition is G‑d's statement,1 "You shall not curse the judges."
One who transgresses this prohibition is punished with lashes.
FOOTNOTES
1.Ex. 22:27.
________________________________________
Negative Commandment 281Listening to a Single Litigant
"You shall not raise a false report"—Exodus 23:1.
A judge may not listen to the arguments of one of the parties in a case if the other party is not present. This because, for the most part, arguments presented by a party when not in the presence of the opposing party are false. This mitzvah ensures that the judge doesn't approach the case with any untrue prejudice.
This prohibition also includes:
The defendant may not present his case to the judge when not in the presence of his opponent [i.e., the prohibition applies to both the judge and the litigant].
Speaking lashon hara (evil gossip).
Listening to and believing lashon hara.
Giving false testimony.
Listening to a Single Litigant
Negative Commandment 281
Translated by Berel Bell
The 281st prohibition is that a judge is forbidden from hearing the claims of one of litigants if the other is not present.
The source of this prohibition is G‑d's statement,1 "Do not accept a false report."
The reason for this prohibition is that the majority of claims brought by one litigant without the other being present are false. The Torah therefore prohibited the judge from hearing such words, in order to keep him from having false and improper ideas in his mind.
The Mechilta2 says, "The verse, 'Do not accept a false report,' prohibits a judge from hearing the claim of one litigant without the other being present, and prohibits the litigant from speaking to the judge without the other litigant being present." Regarding this same prohibition the Torah commands,3 "Keep away from anything false," as explained in the 4th chapter of tractate Shavuos.4
Our Sages said that this prohibition also includes the prohibition against speaking loshon hora, listening to loshon hora, and giving false testimony, as explained in tractate Makkos.5
FOOTNOTES
1.Ibid., 23:1.
2.Ibid.
3.Ibid. 23:7.
4.31a.
5.23a.
________________________________________
Negative Commandment 316
Cursing a Leader
"Nor shall you curse the ruler of your people"—Exodus 22:27.
It is forbidden to curse the nasi. The term nasi applies to the individual in the highest position of power—whether that authority is governmental (i.e., the king), or in the realm of Torah (i.e., the sage who presides over the Sanhedrin, the Jewish Supreme Court).
Cursing a Leader
Negative Commandment 316
Translated by Berel Bell
The 316th prohibition is that we are forbidden from cursing a Nasi.1
The source of this prohibition is G‑d's statement2 (exalted be He), "A Nasi of your people do not curse."
The term Nasi is used in Scripture to refer to a king who has ruling authority, as in G‑d's statement,3 "If the Nasi sins..." As used in the words of our Sages, it refers solely to the head of the 70-member Sanhedrin. Throughout the Talmud and Mishneh we find mention of, "Nesi'im and heads of the High Court"; "Nasi and head of the High Court."4 Our Sages also said,5 "If a Nasi wants to overlook his honor, his honor may be overlooked. If a king wants to overlook his honor, his honor may not be overlooked."6
You should be aware that this prohibition includes both the Nasi [mentioned in the Talmud] and the king. The mitzvah comes to prohibit cursing anyone who is in the highest position of authority, regardless of whether his authority is in rulership [i.e., the king] or in Torah, i.e. the Yeshivah. This is apparent from the detailed description of this mitzvah.
One who transgresses this prohibition is punished with lashes.
FOOTNOTES
1.A leader (see below).
2.Ex. 22:27
3.Lev. 4:22.
4.See Chagigah 16b.
5.Sanhedrin 19b.
6.It is therefore clear that when the Sages use the term "Nasi," they do not refer to a King. Nevertheless, as the Rambam continues, this prohibition applies to both cases.
________________________________________
Rambam:
• 1 Chapter a Day: Avel - Chapter 7Avel - Chapter 7
Halacha 1
The following rules apply when a person receives a report that a close relative of his died. If he received the report within 30 days of the person's death - even on the thirtieth day itself - it is considered a proximate report. He must observe the seven days of mourning from the time he receives the report. He must rend his garments and count 30 days for the prohibition against cutting one's hair and the other factors from that date. The general principle is: The day on which he hears the report is like the day of the person's burial.
If, however, a person receives a report after 30 days, it is considered as a distant report. He observes mourning rites for only one day and is not required to rend his garments. It is as if the day of the report is both the seventh day and the thirtieth day. And we follow the principle: A portion of the day is considered as the entire day.
Halacha 2
What is implied by the statement: A portion of the day is considered as the entire day? Once one observed the mourning rites for a certain time He is permitted to wear shoes, wash, anoint himself, and cut his hair during the remainder of the day. Similarly, he has license not to observe any of the mourning rites.
Halacha 3
When a person hears a proximate report in the midst of a festival or on the Sabbath and after the Sabbath or after the festival, the report will become distant, the Sabbath or the festival are counted for him. Thus he observes only one day of mourning after the festival or after the Sabbath. And a portion of the day is considered as the entire day as explained.
Halacha 4
The following rules apply when a close relative of a person dies and that person does not know until he comes to that place. If he was in a close place, e.g., within ten parseot away, and thus he could come in one day, even if he came on the seventh day, if he finds people offering comfort to the person of greatest stature in the family, it is considered as if he was together with them and he counts with them the remainder of the 30 days. This applies even if they had already begun to rise, as long as he finds comforters, he counts with the other mourners.
If he did not find comforters, he counts for himself. Similarly, if he comes from a distant place, even if he comes on the second day, he counts seven and thirty days for himself from the day he comes.
Halacha 5
During the first three days of mourning, a mourner does not even go the house of another mourner. From that time onward, he may go, but he does not sit together with those offering comfort, but with those receiving comfort. He should not leave the entrance to his house to go any place for the entire first week. During the second week, he may leave his home, but should not sit in his ordinary place. During the third week, he may sit in his ordinary place, but should not speak in his ordinary manner. During the fourth week, he is like any other person.
Halacha 6
The High Priest is obligated to observe all the mourning practices, except that he is forbidden to rend the upper portion of his garments, to let his hair grow long, or to follow the bier in the funeral procession.
The entire Jewish people come to his house to comfort him. When they bring him the meal of comfort, all of the people must sit on the ground; he, by contrast, sits on a bench. When they comfort him, they tell him: "We are atonement for you." And he tells them: "May you be blessed from heaven."
If he desires to comfort others, the deputee has him positioned among the people. And he tells the mourners: "Be comforted."
Halacha 7
Similarly, a king is obligated to observe all the mourning practices, except that he does not leave his palace in the funeral procession for his dead. Needless to say, this applies with regard to other deceased. Nor does he comfort mourners. King David followed Avner's funeral procession only to show the people that he was not slain because of David's desire.
Halacha 8
No one enters the king's presence to comfort him except his servants and those who are given permission to enter. They do not have permission to speak words of comfort except what he allows them. When they serve him the meal of comfort, all of the others recline on the ground and he reclines on a dargesh.
____________________________
Rambam:
• 3 Chapters a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 22, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 23, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 24
Sanhedrin veha`Onashin haMesurin lahem - Chapter 22
Halacha 1
When two people come before a judge, one soft and one harsh - before he hears their words, or even after he hears their words, but does not know the direction in which the judgment is leaning - he has the license to tell them: "I will not involve myself with you," lest the harsh litigant be held liable and seek vengeance from the judge.
After he hears their words and knows in which direction the judgment is leaning, he does not have the license to tell them: "I will not involve myself with you," as Deuteronomy 1:18 states: "Do not be intimidated by any person." That verse implies that one should not say: "So-and-so is wicked, maybe he will kill my son, set fire to my crops, or cut down my trees." If he was an expert appointed to judge the many, he is obligated to involve himself with them in all circumstances.
Halacha 2
Similarly, if a student was sitting before his master and became aware of a factor that would vindicate a poor person and obligate his rich adversary, he transgresses the above commandment if he remains silent. Concerning such matters, Exodus 23:7 states: "Keep distant from words of falsehood."
What is the source which teaches that a judge should not have an underdeveloped student sit before him? It is written: "Keep distant from words of falsehood."
Halacha 3
What is the source which teaches that a student who sees his teacher erring with regard to a judgment should not say: "I will wait until he renders judgment. Then I will refute his ruling and then construct a new one so that the judgment will be quoted in my name"? It is written: "Keep distant from words of falsehood."
Halacha 4
At the outset, it is a mitzvah to ask the litigants: "Do you desire a judgment or a compromise?" If they desire a compromise, a compromise is negotiated. Any court that continuously negotiates a compromise is praiseworthy. Concerning this approach, Zechariah 8:16 states: Adjudicate a judgment of peace in your gates." Which judgment involves peace? A compromise. Similarly, with regard to King David it is stated: "And David carried out justice and charity for his entire people." When does justice involve charity? When a compromise is made.
When does the above apply? Before a judgment is rendered. Even though the judge has already heard their arguments and knows the direction in which the judgment is heading, it is a mitzvah to negotiate a compromise. Once the judgment is rendered and he declares: "So-and-so, your claim is vindicated; so-and-so, you are liable," he may not negotiate a compromise. Instead, let the judgment pierce the mountain.
Halacha 5
Although the litigants agreed to a compromise in court, the judges have the authority to demand a judgment until the litigants confirm their commitment to the compromise with a kinyan.
Halacha 6
A compromise has greater legal power than a judgment. If two ordinary people rendered a judgment, their judgment is not binding and the litigants need not accept it. If, however, such individuals negotiated a compromise and the litigants affirmed their agreement with a kinyan, they may not retract.
Halacha 7
After leaving the court, it is forbidden for any of the judges to say: "I was the one who vindicated you or held you liable and my colleagues differed with me. What could I do? They outnumbered me." If he says this, he is among those to whom the words of censure, Proverbs 11:13,: "He proceeds gossiping, revealing secrets" is applied. An incident occurred with regard to one student who revealed the private conversations in the House of Study 22 years later. The court had him removed from the House of Study and denounced him as "a revealer of secrets."
Halacha 8
If either of the litigants asks the court to compose a record of the judgment, they write it for him in the following manner: "So-and-so came to this-and-this court with so-and-so, the opposing litigant, claiming this-and-this. He was vindicated" or "...held liable." The record is given to him without it mentioning the names of those who vindicated him or those who held him liable. Instead, it says merely "From the statements of the court of such-and-such, so-and-so was vindicated."
Halacha 9
This was the custom of the men of Jerusalem: "They would bring the litigants into the court and listen to their statements and claims. They would then bring in the witnesses and listen to their statements. Afterwards, the judges would have all others removed and would debate the matter among themselves until they came to a decision. Afterwards, they would call the litigants in and the judge of the greatest stature declares: "So-and-so, your claim is vindicated; so-and-so, you are liable." In this way, the litigants do no know which judge vindicated him and which judge held him liable.
10 When a judge knows that a colleague is a robber or a wicked person, it is forbidden for him to sit in judgment with him, as it is stated: "Keep distant from words of falsehood."
This is the practice that would be followed by Jerusalem's men of refined character: They would not sit to participate in a judgment unless they knew who would sit with them. They would not sign a legal document unless they knew who would sign with them. And they would not enter a feast until they knew who would be joining them.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 23
Halacha 1
Deuteronomy 16:19 states: "Do not take a bribe." Needless to say, this command applies if the intent is to pervert judgment. The verse is teaching that it is forbidden for a bribe to be given even to vindicate the just and to obligate the one who is liable; the judge transgresses a negative commandment. Such a person is included in the malediction, Deuteronomy 27:25: "Cursed by he who takes a bribe." He is required to return the bribe if he is demanded to by the giver.
Halacha 2
Just as the recipient transgresses a negative commandment; so, too, does the giver, as [Leviticus 19:14] states: “Do not place a stumbling block before the blind1.”
Halacha 3
Any judge who sits and seeks to amplify his reputation in order to cause the wages of his attendants and scribes to be enhanced is included among those who seek after profit. This is what the sons of Samuel did. Hence I Samuel 8:3 describes them as being "inclined to profit and taking bribery."
The above applies not only to a bribe of money, but a bribe of all things. An incident occurred concerning a judge who stood up in a small boat, as he was crossing a river. A person extended his hand and helped him as he was standing. Later that person came before the judge with a case. The judge told him: "I am unacceptable to serve as a judge for you."
Another incident took place where a person removed a feather from a fowl from a judge's scarf and another person covered some spittle that was lying before the judge and the judge told them: "I am unacceptable to serve as a judge for you." Another incident took place concerning a person who brought one of the presents given to priests to a judge who as a priest. The judge told him: "I am unacceptable to serve as a judge for you."
And another incident took place concerning a sharecropper of a field belonging to a judge who would bring him figs from his field every Friday. Once he came earlier and brought him the figs on Thursday, because he had a judgment over which he desired that the judge preside. The judge told him: "I am unacceptable to serve as a judge for you." This applies although the figs belonged to the judge. Since he brought them earlier than the ordinary time, that favor caused him to be disqualified as a judge.
Halacha 4
Whenever a judge borrows an article, he is unacceptable to serve as a judge for the person who lent him the article. When does the above apply? When the judge does not have articles to lend him in return. If, however, the judge possessed articles to lend in return, it is acceptable for him to serve as a judge, for that person will also borrow from him.
Halacha 5
Whenever a judge takes a wage for adjudicating a case, his judgments are nullified. This applies only when it is not evident that he is receiving compensation for losing his wages. If, however, he was involved in his profession and two people came to him for a judgment and he told them: "Provide me with a person who will work in stead of me and I will adjudicate your case or pay me for the wages that I will forfeit," this is permitted.
This leniency is permitted provided it is evident that the wage is merely in lieu of his hire, but no more and he takes equal payment from both of the litigants, receiving payment from each one in the presence of the other.
Halacha 6
A judge may not adjudicate the case of a friend. This applies even if the person is not a member of his wedding party or one of his more intimate companions. Similarly, he may not adjudicate the case of one he hates. This applies even if the person is not his enemy and one whose misfortune he seeks. Instead, the two litigants must be looked upon equally in the eyes and in the hearts of the judges. If the judge does not know either of them and is not familiar with their deeds, this is the fairest judgment that could be.
Halacha 7
Whenever two Torah scholars hate each other, they are forbidden to act as judges together. For this will lead to a contorted judgment. The hatred each one of them bears for the other will cause him to overturn his colleague's words.
Halacha 8
A judge should always see himself as if a sword is drawn on his neck and Hell is open before him. He should know Who he is judging, before Whom he is judging, and Who will ultimately exact retribution from him if he deviates from the path of truth, as indicated by Psalms 82:1: "God stands among the congregation of the Almighty." And II Chronicles 19:6 states: "See what you are doing. For you are not judging for man's sake, but for God's."
Halacha 9
Whenever a judge does not render a genuinely true judgment, he causes the Divine presence to depart from Israel. Whenever a judge expropriates money from one litigant and gives it to the other unlawfully, God exacts retribution from his life, as Proverbs 22:23 states: "He will exact payment from the soul of one who exacts payment."
Conversely, when a judge adjudicates a case in a genuinely true manner for even one moment, it is as if he has corrected the entire world and he causes the Divine Presence to rest within Israel, as implied by the verse: "God stands among the congregation of the Almighty." If a judge will ask: "Why should involve myself in this difficulty?" He should know that it is written: II Chronicles, loc. cit.: "He is with you in the matter of judgment." Nor should the judge worry about erring. A judge may only base his judgment on what his eyes see.
Halacha 10
At the outset, a judge should always look at the litigants as if they were wicked and operate under the presumption that both of them are lying. He should adjudicate according to his perception of the situation. When they depart, having accepted the judgment, he should view them both as righteous, seeing each of them in a favorable light.
FOOTNOTES
1.As the Rambam states in Hilchot Rotzeach 12:14, this prohibition forbids placing moral stumbling blocks in a person’s path.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 24
Halacha 1
A judge may adjudicate cases involving monetary law bases on factors that he is inclined to regard as true and concerning which he feels strongly in his heart are correct even though he does not have proof of the matters. Needless to say, that if he personally knows that a matter is true, he may judge the case according to his knowledge.
What is implied? A person was obligated to take an oath by the court. A person who the judge regards as trustworthy and upon whose word the judge relies tells him that this person is suspect to take a false oath. The judge may reverse the obligation for the oath and place it on the other litigant, allowing him to take an oath and collect his claim because the judge relied on the statements of this person.
Moreover, even if he regards a woman or a servant as trustworthy, should he feel strongly that the matter about which they are speaking is correct, he may rely on their statement and judge accordingly. Needless to say, if he himself knows that a person is suspect to take a false oath, he may judge accordingly.
Similarly, when a promissory note comes before him and a person upon whom he relies - even a woman or a relative - says that it has been repaid, if he trusts his word, he may tell the bearer of the note: "Payment will be required only when an oath is taken." Similarly, if the alleged debtor is also indebted to another person, the judge may have the debtor pay the creditor whose promissory note was not impugned at all and leave the promissory note that was impugned by the person's testimony unpaid. Or he may reject the promissory note and not consider it in judgment if he sees fit.
Similar laws apply if a person comes and claims that he entrusted an article to so-and-so who died and identified the article with extremely precise descriptive marks. If the claimant did not frequent the home of the deceased, and if the judge knows that the deceased did not have the means to own such an article and he firmly believes that the article did not belong to the deceased, the article may be expropriated from the heirs and given to the person provided he has the means to own it and identified it with descriptive marks. Similar laws apply in all analogous situations.
These matters are solely given over to the heart of the judge to decide according to what he perceives as being a true judgment. Why then did the Torah require two witnesses? Because when two witnesses appear before a judge, he must judge according to their testimony whether or not he knows it to be true.
Halacha 2
All of the matters mentioned above are the fundamental standard of law. Nevertheless, when courts which were not fitting - not necessarily courts which were not upright, but even those whose deeds were just, but whose judges were not sufficiently wise and masters of understanding - proliferated, the majority of the courts among the Jewish people agreed not to reverse oaths unless there was clear proof that a litigant was suspect of taking a false oath. Similarly, they agreed not to disqualify a promissory note on the basis of the testimony of a woman or an unacceptable witness, nor accept their testimony with regard to all other judgments, nor to judge according to the inclinations of one's thoughts without firm knowledge.
The rationale for this stringency is to prevent any simple person from saying: "My heart trusts this person's words and my mind relies on this." Similarly, we do not expropriate property from orphans unless there is clear proof . We do not rely on the judge's opinion, the evaluation of the deceased's financial capacity, or that of the claimant. Even though a trustworthy person delivered testimony concerned a certain matter and the mind of the judge was inclined to believe that he was telling the truth, he should hesitate in judgment. He should not reject his testimony. Instead, he should mediate between the litigants until they accept the testimony of the witness or agree to a compromise. Alternatively, the judge may withdraw from the case.
Halacha 3
What is the source which teaches that a judge who knows that a claim is contrived should not say: "I will deliver a judgment and the responsibility will lie with the witnesses"? It is written Exodus 23:7: "Keep distant from words of falsehood."
What shall he do? He should question and cross-examine the witnesses exceedingly, following the cross-examination process employed in cases involving capital punishment. If it appears to him according to his understanding that there is no deception, he should deliver a judgment. If, however,
a) he still has hesitations because he feels that deception is involved,
b) he does not rely on the testimony of the witnesses although he cannot disqualify them,
c) he feels that one of the litigants is a deceiver and a beguiler and misled the witnesses even though they are fit to testify and testified honestly, it is only that the litigant led them astray, or
d) that from the things that were said, he feels that there are hidden factors which they do not desire to reveal,
in these and in all similar matters, it is forbidden for him to deliver a ruling. Instead, he should withdraw from this judgment and allow it to be decided by someone whose heart is at peace with the matter. These matters are given over to a person's heart. Concerning these Deuteronomy 1:17 states: "Judgment is God's."
Halacha 4
A court has the authority to administer lashes to a person who is not required to receive lashes and to execute a person who is not liable to be executed. This license was not granted to overstep the words of the Torah, but rather to create a fence around the words of the Torah. When the court sees that the people have broken the accepted norms with regard to a matter, they may establish safeguards to strengthen the matter according to what appears necessary to them. All the above applies with regard to establishing directives for the immediate time, and not with regard to the establishment of halachah for all time.
An incident occurred where they had a man lashed for engaging in relations with his wife under a tree. And an incident occurred concerning a person who rode on a horse on the Sabbath in the era of the Greeks and they brought him to the court and had him stoned to death. And an incident occurred and Shimon ben Shetach hung 80 women on one day in Ashkelon. All of the required processes of questioning, cross-examination, and warnings were not followed, nor was the testimony unequivocal. Instead, their execution was a directive for that immediate time according to what he perceived as necessary.
Halacha 5
Similarly, at any time, and in any place, a court has the license to give a person lashes if he has a reputation for immorality and people gossip about him, saying that he acts licentiously. This applies provided the rumor is heard continuously, as we explained, and he does not have any known enemies who would spread this unfavorable report. Similarly, a person with such an unsavory reputation may be humiliated and scorn may be heaped on his mother in his presence.
Halacha 6
Similarly, at all times, a court has the prerogative to declare money belonging to others as ownerless. It may destroy those funds or give them to whomever they see fit to close any breaches in the faith and to strengthen its observance or to penalize a stubborn and difficult person. The Book of Ezra 10:8 states: "Whoever fails to come in three days according to the advice of the officers and the elders will have all of his property confiscated." From this we learn that when a court declares property ownerless, their declaration is effective.
Halacha 7
Similarly, a judge may apply a ban of ostracism or excommunication to a person to whom these measures would not ordinarily be applied according to his perception of what is necessary at that time. He should state that he is ostracizing him or excommunicating him on his own conviction and should publicize his transgression in public. This is indicated by Judges 5:23: "'Curse Meroz,' said the angel of G-d. 'Curse him. Those who dwell with him are cursed, because they did not come to the aid of God's people.'"
Halacha 8
Similarly, a judge may enter into a controversy with a person with whom it is necessary to enter into controversy, cursing him, having him beaten, having his hair pulled out, and compelling him to take an oath to God against his will so that he will not perform or that he did not perform a specific action, as Nechemiah 13:25 states: "I entered into controversy with them; I cursed them; I beat people among them; I tore their hair out, and I made them take an oath to God."
Halacha 9
Similarly, he may have a person's hands and feet bound. He may imprison him and have him pushed to the ground and dragged, as Ezra 7:26 states: "Judgment will be speedily administered to him, to be executed, to be uprooted, to be punished by a loss of property, and to be imprisoned."
Halacha 10
All of the above measures should be applied according to the judge's perception that it is appropriate that the violator be punished in this manner or the situation at large requires it. All of his deeds should be for the sake of heaven and the honor of people at large should not be light in his eyes. For consideration of their honor overrides the observance of a Rabbinic prohibition. Certainly, this applies with regard to the descendants of Abraham, Isaac, and Jacob who uphold the Torah of truth. He must take care not to ruin their honor and act only to increase the honor of the Omnipresent. For whenever a person debases the Torah, his person will be degraded for people at large. Conversely, when a person honors the Torah, his person will be honored by people at large. And there is no other honor for the Torah except to follow its statutes and judgments.
____________________________
Hayom Yom:
Tuesday, 3 Kislev, 5775 • 25 November 2014
"Today's Day"
Tuesday, Kislev 3, 5704
Torah lessons: Chumash: Vayeitsei, Shlishi with Rashi.
Tehillim: 18-22.
Tanya: To perform a (p. 603)...see my hinderpart..." (p. 605).
One difference between the ways of the Baal Shem Tov and of the Maggid1 was that the Baal Shem Tov went on all sorts of journeys, while the Maggid stayed home.
Moreover, when the Maggid was Rebbe, Chassidus was already widely known, even in distant places, because of the extensive journeys of the Holy Society.2 Many average laymen had thus become devoted to Chassidus and used to make pilgrimages to Mezritch.3
FOOTNOTES
1. His successor.
2. The Maggid's disciples.
3. The Maggid's place of residence.
____________________________
Daily Thought:
Childish Love
A child gives love for the sake of love.
Yet an adult can also learn to do the same.
____________________________
Tuesday, Kislev 3, 5704
Torah lessons: Chumash: Vayeitsei, Shlishi with Rashi.
Tehillim: 18-22.
Tanya: To perform a (p. 603)...see my hinderpart..." (p. 605).
One difference between the ways of the Baal Shem Tov and of the Maggid1 was that the Baal Shem Tov went on all sorts of journeys, while the Maggid stayed home.
Moreover, when the Maggid was Rebbe, Chassidus was already widely known, even in distant places, because of the extensive journeys of the Holy Society.2 Many average laymen had thus become devoted to Chassidus and used to make pilgrimages to Mezritch.3
FOOTNOTES
1. His successor.
2. The Maggid's disciples.
3. The Maggid's place of residence.
____________________________
Daily Thought:
Childish Love
A child gives love for the sake of love.
Yet an adult can also learn to do the same.
____________________________
No comments:
Post a Comment