Today's Laws & Customs:
Today in Jewish History:
• Assassination of Prime Minister Yitzhak Rabin (1995)
Yitzhak Rabin, Commander-in-Chief of the IDF during the Six Day War and later Prime Minister of Israel, was assassinated on this date in 5756 (1995).
Link:
Articles on Yitzhak Rabin’s relationship with the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory and Chabad.
DAILY QUOTE:
Old age is a virtue and a blessing...It is true that a 20-year-old can dance the night away while his grandmother tires after a few minutes. But man was not created to dance for hours on end. Man was created to make life on earth purer, brighter and holier than it was before he came on the scene... In this regard, a person's value and productivity only increases with age... The instition of "retirement", which pushes millions of men and women to the sidelines of society each year, is a tragic waste of human life and resources.(The Lubavitcher Rebbe)• Assassination of Prime Minister Yitzhak Rabin (1995)
Yitzhak Rabin, Commander-in-Chief of the IDF during the Six Day War and later Prime Minister of Israel, was assassinated on this date in 5756 (1995).
Link:
Articles on Yitzhak Rabin’s relationship with the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory and Chabad.
DAILY QUOTE:
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Vayeira, 4th Portion Genesis 19:21-21:4 with Rashi
• Chapter 19
21. And he said to him, "Behold I have favored you also as regards this matter, that I will not overturn the city that you have mentioned. כא. וַיֹּאמֶר אֵלָיו הִנֵּה נָשָׂאתִי פָנֶיךָ גַּם לַדָּבָר הַזֶּה לְבִלְתִּי הָפְכִּי אֶת הָעִיר אֲשֶׁר דִּבַּרְתָּ:
also as regards this matter: Not only will you be saved, but I will save the entire city for your sake.
גם לדבר הזה: לא דייך שאתה ניצול, אלא אף כל העיר אציל בגללך:
that I will…overturn: Heb. הָפְכִּי, I overturn, as (below 48:5) “until I come (בֹּאִי)”; (above 16:13) “after I have seen (רֹאִי)”; (Jer. 31:19) “whenever I speak (דַבְּרִי) of him.”
הפכי: הופך אני, כמו (מח ה) עד בואי, (טז יג) אחרי רואי, (ירמיה לא יט) מדי דברי בו:
22. Hasten, flee there, for I will not be able to do anything until you arrive there." Therefore, he named the city Zoar. כב. מַהֵר הִמָּלֵט שָׁמָּה כִּי לֹא אוּכַל לַעֲשׂוֹת דָּבָר עַד בֹּאֲךָ שָׁמָּה עַל כֵּן קָרָא שֵׁם הָעִיר צוֹעַר:
Hasten, flee there, for I will not be able to do: This is the angels’ punishment because they said (verse 13): “For we are destroying,” and they attributed the matter to themselves; therefore they did not move from there until they were compelled to say that the matter was not in their power. — [based on Gen. Rabbah 50:9]
כי לא אוכל לעשות: זהו עונשן של מלאכים, על שאמרו (פסוק יג) כי משחיתים אנחנו, ותלו הדבר בעצמן, לפיכך לא זזו משם עד שהוזקקו לומר שאין הדבר ברשותן:
for I will not be able: [This expression is] in the singular. From here you learn that one was to overturn [the cities] and one was to save [Lot and his family], because two angels are not sent for one mission. — [from Gen. Rabbah 50:2]
כי לא אוכל: לשון יחיד, מכאן אתה למד שהאחד הופך והאחד מציל, שאין שני מלאכים נשלחים לדבר אחד:
Therefore, he named the city Zoar: Because of [the words]“and it is small” (מִצְעָר) .
על כן קרא שם העיר צוער: על שם (פסוק כ) והיא מצער:
23. The sun came out upon the earth, and Lot came to Zoar. כג. הַשֶּׁמֶשׁ יָצָא עַל הָאָרֶץ וְלוֹט בָּא צֹעֲרָה:
24. And the Lord caused to rain down upon Sodom and Gomorrah brimstone and fire, from the Lord, from heaven. כד. וַיהֹוָה הִמְטִיר עַל סְדֹם וְעַל עֲמֹרָה גָּפְרִית וָאֵשׁ מֵאֵת יְהֹוָה מִן הַשָּׁמָיִם:
And the Lord caused to rain down: Wherever it is written “And the Lord,” it refers to God and His tribunal. — [from Gen. Rabbah 51:2]
וה' המטיר: כל מקום שנאמר וה' הוא ובית דינו:
caused to rain down upon Sodom: At the rise of dawn, as it is stated (verse 15): “And as the dawn rose,” a time when the moon is in the sky with the sun. Since some of them worshipped the sun and some of them the moon, the Holy One, blessed be He, said, “If I punish them by day, the moon worshippers will say, ‘Had it been at night, when the moon rules, we would not have been destroyed.’ And if I punish them at night, the sun worshippers will say, ‘Had it been by day, when the sun rules, we would not have been destroyed.’” Therefore, it is written: “And as the dawn rose”: He punished them at a time when the sun and the moon [both] rule. — [from Gen. Rabbah 60:12]
המטיר על סדום: בעלות השחר, כמו שנאמר לעיל (פסוק טו) וכמו השחר עלה, שעה שהלבנה עומדת ברקיע עם החמה, לפי שהיו מהם עובדין לחמה ומהם ללבנה, אמר הקב"ה אם אפרע מהם ביום יהיו עובדי לבנה אומרים אילו היה בלילה כשהלבנה מושלת לא היינו חרבין, ואם אפרע מהם בלילה יהיו עובדי החמה אומרים אילו היה ביום כשהחמה מושלת לא היינו חרבים, לכך כתיב וכמו השחר עלה ונפרע מהם בשעה שהחמה והלבנה מושלים:
caused to rain down, etc., brimstone and fire: At first it was rain, and it became brimstone and fire. — [from Mechilta Beshallach, Massechta d’Shiratha, ch. 5]
המטיר וגו' גפרית ואש: בתחלה מטר ונעשה גפרית ואש:
from the Lord: It is customary for the Scriptural verses to speak in this manner, as in (above 4:23): “wives of Lemech,” and he did not say, “my wives.” And so did David say (I Kings 1:33): “Take with you the servants of your lord,” and he did not say, “my servants”; and so did Ahasuerus say (Esther 8:8): “in the name of the king,” and he did not say, “in my name.” Here too it states “from the Lord,” and it does not state “from Him.” - [from Sanh. 38b]
מאת ה': דרך המקראות לדבר כן, כמו (ד כג) נשי למך, ולא אמר נשיי. וכן אמר דוד (מ"א א לג) קחו עמכם את עבדי אדוניכם, ולא אמר מעבדי, וכן אחשורוש אמר (אסתר ח ח) בשם המלך, ולא אמר בשמי. אף כאן אמר מאת ה' ולא אמר מאתו:
from heaven: This is what Scripture says (Job 36:31): “For He judges the nations therewith” [i.e., with the heavens]. When He comes to chastise mankind, He brings upon them fire from heaven, as He did to Sodom, and when He comes to let down the manna, [it is also] from heaven [as Scripture states] (Exod. 16:4): “Behold I am raining down to you bread from heaven.” - [from Tan. Buber, Beshallach 20]
מן השמים: והוא שאמר הכתוב (איוב לו לא) כי בם ידין עמים וגו', כשבא ליסר הבריות מביא עליהם אש מן השמים כמו שעשה לסדום, וכשבא להוריד המן מן השמים לישראל (שמות טז ד) הנני ממטיר לכם לחם מן השמים:
25. And He turned over these cities and the entire plain, and all the inhabitants of the cities, and the vegetation of the ground. כה. וַיַּהֲפֹךְ אֶת הֶעָרִים הָאֵל וְאֵת כָּל הַכִּכָּר וְאֵת כָּל ישְׁבֵי הֶעָרִים וְצֶמַח הָאֲדָמָה:
And He turned over these cities, etc.: The four of them were situated on one rock, and He turned them upside down, as it is said (Job 28:9): “He stretched forth His hand upon the flinty rock, etc.” [He turned it over from the root of the mountains.]- [from Gen. Rabbah 51:4]
ויהפוך את הערים וגו': ארבעתן יושבות בסלע אחד והפכן מלמעלה למטה, שנאמר (איוב כח ט) בחלמיש שלח ידו וגו':
26. And his wife looked from behind him, and she became a pillar of salt. כו. וַתַּבֵּט אִשְׁתּוֹ מֵאַחֲרָיו וַתְּהִי נְצִיב מֶלַח:
And his wife looked from behind him: from behind Lot. — [from Zohar, vol. 1, 108b]
ותבט אשתו מאחריו: מאחריו של לוט:
and she became a pillar of salt: She sinned with salt, and she was punished with salt. He said to her, “Give a little salt to these guests.” She replied,“Also this evil custom you wish to introduce into this place?” - [from Gen. Rabbah 50:4]
ותהי נציב מלח: במלח חטאה ובמלח לקתה. אמר לה תני מעט מלח לאורחים הללו, אמרה לו אף המנהג הרע הזה אתה בא להנהיג במקום הזה:
27. And Abraham arose early in the morning to the place where he had stood before the Lord. כז. וַיַּשְׁכֵּם אַבְרָהָם בַּבֹּקֶר אֶל הַמָּקוֹם אֲשֶׁר עָמַד שָׁם אֶת פְּנֵי יְהֹוָה:
28. And he looked over the face of Sodom and Gomorrah and over the entire face of the land of the plain, and he saw, and behold, the smoke of the earth had risen like the smoke of a furnace. כח. וַיַּשְׁקֵף עַל פְּנֵי סְדֹם וַעֲמֹרָה וְעַל כָּל פְּנֵי אֶרֶץ הַכִּכָּר וַיַּרְא וְהִנֵּה עָלָה קִיטֹר הָאָרֶץ כְּקִיטֹר הַכִּבְשָׁן:
smoke: Heb. קִיטוֹר a pillar of smoke, torche in Old French, column of fire (or smoke).
קיטור: תימור של עשן טורק"א [לפיד] בלע"ז:
furnace: An excavation in which stones are burned into lime. This is the meaning of כִּבְשָׁן wherever it appears in Scripture.
כבשן: חפירה ששורפין בה את אבנים לסיד, וכן כל כבשן שבתורה:
29. And it came to pass, when God destroyed the cities of the plain, that God remembered Abraham, and He sent Lot out of the midst of the destruction when He overturned the cities in which Lot had dwelt. כט. וַיְהִי בְּשַׁחֵת אֱלֹהִים אֶת עָרֵי הַכִּכָּר וַיִּזְכֹּר אֱלֹהִים אֶת אַבְרָהָם וַיְשַׁלַּח אֶת לוֹט מִתּוֹךְ הַהֲפֵכָה בַּהֲפֹךְ אֶת הֶעָרִים אֲשֶׁר יָשַׁב בָּהֵן לוֹט:
that God remembered Abraham: What does the remembrance of Abraham have to do with Lot? He remembered that Lot knew that Sarah was Abraham’s wife, and that he had heard in Egypt that Abraham said about Sarah, “She is my sister,” yet he did not reveal the matter because he [Lot] had pity on him [Abraham]. Therefore, the Holy One, blessed be He, had pity on him. — [from Gen. Rabbah 51:6]
ויזכור א-להים את אברהם: מהו זכירתו של אברהם על לוט, נזכר שהיה לוט יודע ששרה אשתו של אברהם, ושמע שאמר אברהם במצרים על שרה (יב יט) אחותי היא, ולא גילה הדבר, שהיה חס עליו, לפיכך חס הקב"ה עליו:
30. And Lot went up from Zoar, and he dwelt in the mountain, and his two daughters were with him, for he was afraid to dwell in Zoar; so he dwelt in a cave, he and his two daughters. ל. וַיַּעַל לוֹט מִצּוֹעַר וַיֵּשֶׁב בָּהָר וּשְׁתֵּי בְנֹתָיו עִמּוֹ כִּי יָרֵא לָשֶׁבֶת בְּצוֹעַר וַיֵּשֶׁב בַּמְּעָרָה הוּא וּשְׁתֵּי בְנֹתָיו:
for he was afraid to dwell in Zoar: Because it was near Sodom. — [from Zohar, vol. 1, 109a]
כי ירא לשבת בצוער: לפי שהיתה קרובה לסדום:
31. And the elder said to the younger, "Our father is old, and there is no man on earth to come upon us, as is the custom of all the earth. לא. וַתֹּאמֶר הַבְּכִירָה אֶל הַצְּעִירָה אָבִינוּ זָקֵן וְאִישׁ אֵין בָּאָרֶץ לָבוֹא עָלֵינוּ כְּדֶרֶךְ כָּל הָאָרֶץ:
Our father is old: And if not now, when? Perhaps he will die or will no longer be able to beget children.
אבינו זקן: ואם לא עכשיו אימתי, שמא ימות או יפסוק מלהוליד:
and there is no man on earth: They thought that the entire world had been destroyed, as in the Generation of the Flood (Gen. Rabbah 51:8).
ואיש אין בארץ: סבורות היו שכל העולם נחרב כמו בדור המבול:
32. Come, let us give our father wine to drink, and let us lie with him, and let us bring to life seed from our father." לב. לְכָה נַשְׁקֶה אֶת אָבִינוּ יַיִן וְנִשְׁכְּבָה עִמּוֹ וּנְחַיֶּה מֵאָבִינוּ זָרַע:
33. And they gave their father wine to drink on that night, and the elder came and lay with her father, and he did not know of her lying down or of her rising up. לג. וַתַּשְׁקֶיןָ אֶת אֲבִיהֶן יַיִן בַּלַּיְלָה הוּא וַתָּבֹא הַבְּכִירָה וַתִּשְׁכַּב אֶת אָבִיהָ וְלֹא יָדַע בְּשִׁכְבָהּ וּבְקוּמָהּ:
And they gave, etc., to drink: Wine was made available to them in the cave, to make it possible for two nations to emerge from them. — [from Sifrei Ekev 43]
ותשקין וגו': יין נזדמן להן במערה להוציא מהן שני אומות:
and lay with her father: But in the case of the younger, it says: “and she lay with him.” Since the younger one was not the initiator of the illicit relations, but rather her sister taught it to her, Scripture covers up for her and does not explicitly tell of her disgrace. But [concerning] the elder, who initiated the illicit relations, Scripture publicizes her explicitly (Tan. Buber, Balak 26).
ותשכב את אביה: ובצעירה כתיב (פסוק לה) ותשכב עמו, צעירה לפי שלא פתחה בזנות אלא אחותה למדתה, חיסך עליה הכתוב ולא פירש גנותה. אבל בכירה שפתחה בזנות פרסמה הכתוב במפורש:
or of her rising up: Heb. וּבְקוּמָהּ, mentioned in conjunction with the elder, is dotted (i.e., there is a dot over the second “vav”), to denote that when she arose, he did know, but nevertheless he was not careful not to drink on the second night (Nazir 23a). (Said Rabbi Levi: Whoever is inflamed by the lust for illicit relations, will ultimately be made to eat his own flesh (i.e., to commit incest). - [from Gen. Rabbah 51:9] [This does not appear in all editions of Rashi.]
ובקומה: של בכירה נקוד, לומר הרי הוא כאילו לא נכתב, לומר שבקומה ידע ואף על פי כן לא נשמר ליל שני מלשתות (אמר רבי לוי כל מי שהוא להוט אחר בולמוס של עריות לסוף מאכילים אותו מבשרו):
34. And it came to pass on the morrow, that the elder said to the younger, "Behold, last night I lay with my father. Let us give him wine to drink tonight too, and come, lie with him, and let us bring to life seed from our father." לד. וַיְהִי מִמָּחֳרָת וַתֹּאמֶר הַבְּכִירָה אֶל הַצְּעִירָה הֵן שָׁכַבְתִּי אֶמֶשׁ אֶת אָבִי נַשְׁקֶנּוּ יַיִן גַּם הַלַּיְלָה וּבֹאִי שִׁכְבִי עִמּוֹ וּנְחַיֶּה מֵאָבִינוּ זָרַע:
35. So they gave their father to drink on that night also, and the younger arose and lay with him, and he did not know of her lying down or of her rising up. לה. וַתַּשְׁקֶיןָ גַּם בַּלַּיְלָה הַהוּא אֶת אֲבִיהֶן יָיִן וַתָּקָם הַצְּעִירָה וַתִּשְׁכַּב עִמּוֹ וְלֹא יָדַע בְּשִׁכְבָהּ וּבְקֻמָהּ:
36. And Lot's two daughters conceived from their father. לו. וַתַּהֲרֶיןָ שְׁתֵּי בְנוֹת לוֹט מֵאֲבִיהֶן:
And…conceived: Although a woman does not conceive from the first intercourse, these controlled themselves and took out their maidenhoods and conceived from the first intercourse. — [from Gen. Rabbah 51:9]
ותהרין וגו': אף על פי שאין האשה מתעברת מביאה ראשונה, אלו שלטו בעצמן והוציאו ערותן לחוץ ונתעברו מביאה ראשונה:
37. And the elder bore a son, and she named him Moab; he is the father of Moab until this day. לז. וַתֵּלֶד הַבְּכִירָה בֵּן וַתִּקְרָא שְׁמוֹ מוֹאָב הוּא אֲבִי מוֹאָב עַד הַיּוֹם:
Moab: This one, who was immodest, publicized that he was from her father (מוֹאָב-מֵאָב), but the younger one named him euphemistically (בֶּן עַמִּי, the son of my people) and was rewarded in the time of Moses, for it is stated concerning the children of Ammon (Deut. 2:19): “You shall not involve yourself in strife with them” at all, but concerning Moab, He warned them only not to wage war with them, but He permitted them [the Israelites] to cause them pain. — [from Nazir 23b]
מואב: זו שלא היתה צנועה פירשה שמאביה הוא, אבל צעירה קראתו בלשון נקיה, וקבלה שכר בימי משה, שנאמר בבני עמון (דברים ב יט) אל תתגר בם כלל, ובמואב לא הזהיר אלא שלא ילחם בם, אבל לצערן התיר לו:
38. And the younger, she too bore a son, and she named him Ben-ami; he is the father of the children of Ammon until this day. לח. וְהַצְּעִירָה גַם הִוא יָלְדָה בֵּן וַתִּקְרָא שְׁמוֹ בֶּן עַמִּי הוּא אֲבִי בְנֵי עַמּוֹן עַד הַיּוֹם:
Chapter 20
1. And Abraham traveled from there to the land of the south, and he dwelt between Kadesh and between Shur, and he sojourned in Gerar. א. וַיִּסַּע מִשָּׁם אַבְרָהָם אַרְצָה הַנֶּגֶב וַיֵּשֶׁב בֵּין קָדֵשׁ וּבֵין שׁוּר וַיָּגָר בִּגְרָר:
Abraham traveled from there: When he saw that the cities had been destroyed and that travelers had ceased to pass by, he migrated from there. Another explanation: To distance himself from Lot, who had acquired a bad reputation, because he had been intimate with his daughters. — [from Gen. Rabbah 52:3, 4]
ויסע משם אברהם: כשראה שחרבו הכרכים ופסקו העוברים והשבים נסע לו משם. דבר אחר להתרחק מלוט שיצא עליו שם רע שבא על בנותיו:
2. And Abraham said about Sarah his wife, "She is my sister," and Abimelech the king of Gerar sent and took Sarah. ב. וַיֹּאמֶר אַבְרָהָם אֶל שָׂרָה אִשְׁתּוֹ אֲחֹתִי הִוא וַיִּשְׁלַח אֲבִימֶלֶךְ מֶלֶךְ גְּרָר וַיִּקַּח אֶת שָׂרָה:
And Abraham said: Here he did not ask her permission, but [said that she was his sister] forcibly, against her will, because she had already been taken to Pharaoh’s house on account of this. — - [from Gen. Rabbah ad loc.]
ויאמר אברהם: כאן לא נטל רשות אלא על כרחה שלא בטובתה לפי שכבר לוקחה לבית פרעה על ידי כן:
about Sarah his wife: [אֶל means] “about” Sarah his wife, and similarly (I Sam. 4:21):“concerning (אֶל) the taking of the Ark, and concerning (אֶל) [the death of] her father-in-law.” Both expressions (of אֶל) have the meaning of עַל : “ concerning.” - [from Targum Onkelos, Targum Jonathan; Ibn Ezra]
אל שרה אשתו: על שרה אשתו. וכיוצא בו (ש"א ד יט) אל הלקח ארון וגו' ואל מות חמיה, שניהם בלשון על:
3. And God came to Abimelech in a dream of the night, and He said to him, "Behold you are going to die because of the woman whom you have taken, for she is a married woman." ג. וַיָּבֹא אֱלֹהִים אֶל אֲבִימֶלֶךְ בַּחֲלוֹם הַלָּיְלָה וַיֹּאמֶר לוֹ הִנְּךָ מֵת עַל הָאִשָּׁה אֲשֶׁר לָקַחְתָּ וְהִוא בְּעֻלַת בָּעַל:
4. And Abimelech had not come near to her, and he said, "O Lord, will You kill even a righteous nation? ד. וַאֲבִימֶלֶךְ לֹא קָרַב אֵלֶיהָ וַיֹּאמַר אֲדֹנָי הֲגוֹי גַּם צַדִּיק תַּהֲרֹג:
And Abimelech had not come near to her: The angel stopped him, as it is said: “ I did not let you touch her.” - [from Pirkei d’Rabbi Eliezer , ch. 26]
לא קרב אליה: המלאך מנעו, כמו שנאמר (פסוק ו) לא נתתיך לנגוע אליה:
will You kill even a righteous nation: Even if he is righteous, will You kill him? Is that Your way, to destroy the nations for nought? You did so to the Generation of the Flood and to the Generation of the Dispersion. I too will say that You destroyed them for no reason, just as You threaten (lit. say) to kill me. — [from Gen. Rabbah 52:2]
הגוי גם צדיק תהרג: אף אם הוא צדיק תהרגנו. שמא כך דרכך לאבד האומות חנם, כך עשית לדור המבול ולדור הפלגה, אף אני אומר שהרגתם על לא דבר, כשם שאתה אומר להרגני:
5. Did he not say to me, 'She is my sister'? And she, even she said, 'He is my brother.' With the innocence of my heart and with the purity of my hands have I done this." ה. הֲלֹא הוּא אָמַר לִי אֲחֹתִי הִוא וְהִיא גַם הִוא אָמְרָה אָחִי הוּא בְּתָם לְבָבִי וּבְנִקְיֹן כַּפַּי עָשִׂיתִי זֹאת:
even she: This is to include her servants, camel drivers, and donkey drivers.“ I asked them all, and they said: He is her brother.” -- [from Gen. Rabbah 52:6]
גם הוא: לרבות עבדים וגמלים וחמרים שלה, את כלם שאלתי ואמרו לי אחיה הוא:
With the innocence of my heart: I did not intend to sin. —
בתם לבבי: שלא דמיתי לחטוא:
and with the purity of my hands: I am pure of sin, for I did not touch her. —
ובנקיון כפי: נקי אני מן החטא שלא נגעתי בה:
6. And God said to him in a dream, "I too know that you did this with the innocence of your heart, and I too have withheld you from sinning to Me; therefore, I did not let you touch her. ו. וַיֹּאמֶר אֵלָיו הָאֱלֹהִים בַּחֲלֹם גַּם אָנֹכִי יָדַעְתִּי כִּי בְתָם לְבָבְךָ עָשִׂיתָ זֹּאת וָאֶחְשׂךְ גַּם אָנֹכִי אוֹתְךָ מֵחֲטוֹ לִי עַל כֵּן לֹא נְתַתִּיךָ לִנְגֹּעַ אֵלֶיהָ:
I know that, etc., with the innocence of your heart: It is true that you did not intend at first to sin, but you cannot claim purity of hands [because…]- [from Gen. Rabbah 52:6; Tan. Buber, Vayera 25]
ידעתי כי בתם לבבך וגו': אמת שלא דמית מתחלה לחטוא אבל נקיון כפים אין כאן:
I did not let you: It was not due to you that you did not touch her, but I prevented you from sinning, for I did not give you strength, and so (below 31:7):“and God did not let him (וְלֹא נְתָנוֹ)” ; and so (Jud. 15:1):“but her father did not allow him (וְלֹא נְתָנוֹ) to come.” - [from Gen. Rabbah 52:7]
לא נתתיך: לא ממך היה שלא נגעת בה אלא חשכתי אני אותך מחטוא, ולא נתתי לך כח, וכן (לקמן לא ז) ולא נתנו א-להים, וכן (שופטים טו א) ולא נתנו אביה לבוא:
7. And now, return the man's wife, because he is a prophet, and he will pray for you and [you will] live; but if you do not return [her], know that you will surely die, you and all that is yours." ז. וְעַתָּה הָשֵׁב אֵשֶׁת הָאִישׁ כִּי נָבִיא הוּא וְיִתְפַּלֵּל בַּעַדְךָ וֶחְיֵה וְאִם אֵינְךָ מֵשִׁיב דַּע כִּי מוֹת תָּמוּת אַתָּה וְכָל אֲשֶׁר לָךְ:
return the man’s wife: And do not think that perhaps she will be repugnant to him, and he will not accept her, or that he will hate you and not pray for you. (Abimelech said to Him,“ Who will let him know that I did not touch her?” He replied,)
השב אשת האיש: ואל תהא סבור שמא תתגנה בעיניו ולא יקבלנה או ישנאך ולא יתפלל עליך:
because he is a prophet: And he knows that you did not touch her; therefore,“ he will pray for you.” - [from Tan. Buber, Vayera 25]
כי נביא הוא: ויודע שלא נגעת בה, לפיכך ויתפלל בעדך:
8. And Abimelech arose early in the morning, and he summoned all his servants, and he spoke all these words in their ears; and the men were very frightened. ח. וַיַּשְׁכֵּם אֲבִימֶלֶךְ בַּבֹּקֶר וַיִּקְרָא לְכָל עֲבָדָיו וַיְדַבֵּר אֶת כָּל הַדְּבָרִים הָאֵלֶּה בְּאָזְנֵיהֶם וַיִּירְאוּ הָאֲנָשִׁים מְאֹד:
9. And Abimelech summoned Abraham and said to him, "What have you done to us, and what have I sinned against you, that you have brought upon me and upon my kingdom a great sin? Deeds that are not done, you have done to me." ט. וַיִּקְרָא אֲבִימֶלֶךְ לְאַבְרָהָם וַיֹּאמֶר לוֹ מֶה עָשִׂיתָ לָּנוּ וּמֶה חָטָאתִי לָךְ כִּי הֵבֵאתָ עָלַי וְעַל מַמְלַכְתִּי חֲטָאָה גְדֹלָה מַעֲשִׂים אֲשֶׁר לֹא יֵעָשׂוּ עָשִׂיתָ עִמָּדִי:
Deeds that are not done: A plague that was not accustomed to come upon any creature has come upon us because of you: the closing up of all bodily orifices: those of semen, of urine, of excrement, and of the ears and nose. — [based on B.K. 93a; Tan. Buber, Vayera 36]
מעשים אשר לא יעשו: מכה אשר לא הורגלה לבא על בריה באה לנו על ידך, עצירת כל נקבים, של זרע ושל קטנים ורעי ואזנים וחוטם:
10. And Abimelech said to Abraham, "What did you see, that you did this thing?" י. וַיֹּאמֶר אֲבִימֶלֶךְ אֶל אַבְרָהָם מָה רָאִיתָ כִּי עָשִׂיתָ אֶת הַדָּבָר הַזֶּה:
11. And Abraham said, "For I said, 'Surely, there is no fear of God in this place, and they will kill me because of my wife. יא. וַיֹּאמֶר אַבְרָהָם כִּי אָמַרְתִּי רַק אֵין יִרְאַת אֱלֹהִים בַּמָּקוֹם הַזֶּה וַהֲרָגוּנִי עַל דְּבַר אִשְׁתִּי:
Surely, there is no fear of God: A guest who comes to a city-do we ask him about eating and drinking, or do we ask him about his wife-“ Is she your wife or is she your sister?” - [from B.K. 93a, Pirkei d’Rabbi Eliezer ch. 26]
רק אין יראת א-להים: אכסנאי שבא לעיר, על עסקי אכילה ושתיה שואלין אותו או על עסקי אשתו שואלין אותו אשתך היא או אחותך היא:
12. And also, indeed, she is my sister, the daughter of my father, but not the daughter of my mother, and she became my wife. יב. וְגַם אָמְנָה אֲחֹתִי בַת אָבִי הִוא אַךְ לֹא בַת אִמִּי וַתְּהִי לִי לְאִשָּׁה:
my sister, the daughter of my father: And the daughter of one’s father is permitted to a Noahide [for marriage], for a gentile has no father (i.e., his lineage is not traced from his father). And in order to justify his words, he answered him in this way. Now if you ask: Was she not the daughter of his brother? [The answer is that] grandchildren are considered like children (Tosefta, Yev. 8:8; Talmud Bavli, Yev. 62b); therefore, she was (considered as) Terah’s daughter. And so did he say to Lot, “For we are kinsmen” (אֲנָשִׁים אַחִים) [lit. men, brothers] (although, in fact, Lot was his brother Haran’s son). - [from Pirkei d’Rabbi Eliezer, ch. 36]
אחותי בת אבי היא: ובת אב מותרת לבן נח, שאין אבות לגוי. וכדי לאמת דבריו השיבם כן. ואם תאמר והלא בת אחיו היתה, בני בנים הרי הן כבנים והרי היא בתו של תרח, וכן הוא אומר ללוט (יג ח) כי אנשים אחים אנחנו:
but not the daughter of my mother: Haran was [born] of a different mother [than Abraham]. —
אך לא בת אמי: הרן מאם אחרת היה:
13. And it came to pass, when God caused me to wander from my father's house, that I said to her: This is your kindness, which you shall do with me: whither we come, say about me, 'He is my brother.'" יג. וַיְהִי כַּאֲשֶׁר הִתְעוּ אֹתִי אֱלֹהִים מִבֵּית אָבִי וָאֹמַר לָהּ זֶה חַסְדֵּךְ אֲשֶׁר תַּעֲשִׂי עִמָּדִי אֶל כָּל הַמָּקוֹם אֲשֶׁר נָבוֹא שָׁמָּה אִמְרִי לִי אָחִי הוּא:
And it came to pass, when [God] caused me to wander, etc.: Onkelos rendered as he rendered: [And it came to pass, when the peoples went astray after the work of their hands, that God brought me near to His fear from my father’s house.] However, it can also be interpreted in a more appropriate manner, according to its structure [as follows]: When the Holy One, blessed be He, took me out of my father’s house to be a wanderer, roaming from place to place, I knew that I would pass through places where there are wicked people, and [therefore] “I said to her: This is your kindness, etc.”
ויהי כאשר התעו אותי וגו': אונקלוס תרגם מה שתרגם. ויש לישבו עוד, דבר דבור על אופניו, כשהוציאני הקב"ה מבית אבי להיות משוטט ונד ממקום למקום, וידעתי שאעבור במקום רשעים ואומר לה זה חסדך אשר תעשי עמדי:
When God caused me to wander: [The verb הִתְעוּ is] in the plural. But do not wonder at this, because in many places, words denoting Godliness and words denoting authority are expressed in the plural, (e.g.,) (II Sam. 7:23): “whom God went (הָלְכוּ) (to redeem)”; (Deut. 5:23): “the living (חַיִּים) God”; (Josh. 24:19): “a holy (קְדֹשִים) God.” And all references to Godliness or to authority are in the plural, as for example (below 39:20): “And Joseph’s master (אֲדוֹנֵי) took”; (Deut. 10:17): “the Lord of (אֲדוֹנֵי) lords”; (below 42:33): “the lord of (אֲדוֹנֵי) the land,” and so (Exod. 22:14): “if its master (בְּעָלָיו) is with it”; (ibid 21:29): “and if its master was warned (בִּבְעָלָיו).” Now if you ask, why is the expression הִתְעוּ used here? [The answer is that] anyone who is exiled from his place and is not settled is תּוֹעֶה, as in (below 21:14): “and she walked and she wandered” (וַתֵּתַע); (Ps. 119:176): “I wandered (תָּעִיתִי) like a lost sheep”; (Job 38:41): “they wander (יִתְעוּ) for lack of food,” meaning that they go forth and wander to seek their food.
כאשר התעו: לשון רבים, ואל תתמה, כי בהרבה מקומות לשון אלהות ולשון מרות קרוי לשון רבים. (שמואל ב' ז כג) אשר הלכו א-להים, (דברים ה כג) א-להים חיים, (יהושע כד יט) א-להים קדושים הוא, וכל לשון א-להים לשון רבים. וכן (לט כ) ויקח אדוני יוסף, (דברים י יז) אדוני האדונים, (להלן מב לג) אדוני הארץ, וכן (שמות כב יד) בעליו עמו, (שם כא כט) והועד בבעליו. ואם תאמר מהו לשון התעו, כל הגולה ממקומו ואינו מיושב קרוי תועה, כמו (לקמן כא יד) ותלך ותתע, (תהלים קיט קעו) תעיתי כשה אובד, (איוב לח מא) יתעו לבלי אוכל, יצאו ויתעו לבקש אכלם:
say about me: [The meaning of לִי is] “about me.” Similarly (below 26:7): “And the people of the place asked לְאִשְׁתּוֹ,” meaning “about his wife.” Similarly (Exod. 14:3): “And Pharaoh will say לִבְנֵי יִשְׂרָאֵל,” meaning “about the Children of Israel”; (Jud. 9:54): “Lest they say of me (לִי): a woman killed him.”
אמרי לי: עלי, וכן (לקמן כו ז) וישאלו אנשי המקום לאשתו, על אשתו. וכן (שמות יד ג) ואמר פרעה לבני ישראל, כמו על בני ישראל, (שופטים ט נד) פן יאמרו לי אשה הרגתהו:
14. And Abimelech took flocks and cattle and menservants and maidservants, and he gave [them] to Abraham, and he restored to him his wife Sarah. יד. וַיִּקַּח אֲבִימֶלֶךְ צֹאן וּבָקָר וַעֲבָדִים וּשְׁפָחֹת וַיִּתֵּן לְאַבְרָהָם וַיָּשֶׁב לוֹ אֵת שָׂרָה אִשְׁתּוֹ:
and he gave [them] to Abraham: in order to appease him so that he would pray for him.
ויתן לאברהם: כדי שיתפייס ויתפלל עליו:
15. And Abimelech said, "Here is my land before you; wherever it pleases you, you may dwell." טו. וַיֹּאמֶר אֲבִימֶלֶךְ הִנֵּה אַרְצִי לְפָנֶיךָ בַּטּוֹב בְּעֵינֶיךָ שֵׁב:
Here is my land before you: But Pharaoh said to him (above 12:19): “And now, here is your wife; take [her] and go,” because he was afraid, because the Egyptians were immersed in lewdness.
הנה ארצי לפניך: אבל פרעה אמר לו (לעיל יב יט) הנה אשתך קח ולך, לפי שנתיירא שהמצריים שטופי זמה:
16. And to Sarah he said, "Behold I have given a thousand pieces of silver to your brother; behold it is to you a covering of the eyes for all who are with you, and with all you shall contend." טז. וּלְשָׂרָה אָמַר הִנֵּה נָתַתִּי אֶלֶף כֶּסֶף לְאָחִיךְ הִנֵּה הוּא לָךְ כְּסוּת עֵינַיִם לְכֹל אֲשֶׁר אִתָּךְ וְאֵת כֹּל וְנֹכָחַת:
And to Sarah he said: Abimelech [said] in her honor in order to appease her, “Behold I have bestowed upon you this honor; I have given money to your brother, about whom you said, He is my brother. Behold this money and this honor are to you a covering of the eyes.”
ולשרה אמר: אבימלך, לכבודה כדי לפייסה הנה עשיתי לך כבוד זה, נתתי ממון לאחיך שאמרת עליו אחי הוא, הנה הממון והכבוד הזה לך כסות עינים:
for all who are with you: They will cover their eyes, so that they will not denigrate you, for had I returned you empty-handed, they could say,“After he violated her, he returned her.” Now that I had to spend much money and to appease you, they will know that against my will I returned you, and through a miracle. —
לכל אשר אתך: יכסו עיניהם שלא יקילוך, שאלו השיבותיך ריקנית יש להם לומר לאחר שנתעלל בה החזירה, עכשיו שהוצרכתי לבזבז ממון ולפייסך, יודעים יהיו שעל כרחי השיבותיך ועל ידי נס:
and with all: And with all the people in the world. —
ואת כל: ועם כל באי העולם:
you shall contend: You shall have the opportunity to contend and to show these evident facts. Wherever the word הוֹכָחָה appears, it refers to the clarification of matters, and in Old French, esprover, to prove, clarify. (That is aprover below 31:37, to clarify, decide, define.) Onkelos translated it in a different manner, and the language of the verse fits in with the Targum in the following manner: “Behold it will be for you a covering of honor on account of my eyes, which gazed upon you and upon all who are with you.” Therefore, he translated it:“And I saw you and all who are with you.” There is a Midrashic interpretation, but I have explained what fits the language of the verse.
ונכחת: יהא לך פתחון פה להתוכח ולהראות דברים נכרים הללו. ולשון תוכחת בכל מקום ברור דברים, ובלע"ז אישפרובי"ר [לבחון] ואונקלוס תרגם בפנים אחרים, ולשון המקרא כך הוא נופל על התרגום הנה הוא לך כסות של כבוד על העינים שלי ששלטו בך ובכל אשר אתך, ועל כן תרגומו וחזית יתך וית כל דעמך. ויש מדרש אגדה אבל ישוב לשון המקרא פירשתי:
17. And Abraham prayed to God, and God healed Abimelech and his wife and his handmaids, and they gave birth. יז. וַיִּתְפַּלֵּל אַבְרָהָם אֶל הָאֱלֹהִים וַיִּרְפָּא אֱלֹהִים אֶת אֲבִימֶלֶךְ וְאֶת אִשְׁתּוֹ וְאַמְהֹתָיו וַיֵּלֵדוּ:
and they gave birth: As the Targum renders: and they were relieved. Their orifices were opened, and they expelled that which needed to be expelled, and that is their birth.
וילדו: כתרגומו ואתרוחו, נפתחו נקביהם והוציאו מה שצריך לצאת והיא לידה שלהם:
18. For the Lord had shut every womb of Abimelech's household, because of Sarah, Abraham's wife. יח. כִּי עָצֹר עָצַר יְהֹוָה בְּעַד כָּל רֶחֶם לְבֵית אֲבִימֶלֶךְ עַל דְּבַר שָׂרָה אֵשֶׁת אַבְרָהָם:
every womb: Every [bodily] opening.
בעד כל רחם: כנגד כל פתח:
because of Sarah: Heb. עַל דְּבַר, lit., by the word of Sarah. Through the words of Sarah. — [from Gen. Rabbah 52:13]
על דבר שרה: על פי דבורה של שרה:
Chapter 21
1. And the Lord remembered Sarah as He had said, and the Lord did to Sarah as He had spoken. א. וַיהֹוָה פָּקַד אֶת שָׂרָה כַּאֲשֶׁר אָמָר וַיַּעַשׂ יְהֹוָה לְשָׂרָה כַּאֲשֶׁר דִּבֵּר:
And the Lord remembered Sarah, etc.: (B.K 92a) This section was placed next to [the preceding section] to teach you that whoever begs for mercy for his friend, when he needs the same thing, he is answered first, for it is said (verse 17) “And Abraham prayed, etc.,” and immediately following it, “And the Lord remembered Sarah,” i.e., He had already remembered her before He healed Abimelech. —
וה' פקד את שרה וגו': סמך פרשה זו לכאן ללמדך שכל המבקש רחמים על חבירו והוא צריך לאותו דבר הוא נענה תחילה, שנאמר (לעיל כ יז) ויתפלל וגו' וסמיך ליה וה' פקד את שרה שפקד כבר קודם שרפא את אבימלך:
remembered Sarah as He had said: Concerning [the promise of] conception. —
פקד את שרה כאשר אמר: בהריון:
as He had spoken: Concerning [the promise of] birth. Now where is [the expression] “saying” and where is [the expression] “speaking” ? “Saying” (אִמִירה) is mentioned (above 17:19):“And God said (וַיֹאמֶר) : Indeed, your wife Sarah, etc…”“Speaking” (דִבוּר) [is mentioned] (above 15:1):“The word of (דְבַר) the Lord came to Abram,” in the Covenant Between the Parts, where it is stated (ibid. 4):“This one [Eliezer] will not inherit you, etc.” and He brought forth the heir from Sarah.
כאשר דבר: בלידה. והיכן היא אמירה והיכן הוא דבור, אמירה (לעיל יז יט) ויאמר א-להים אבל שרה אשתך וגו', דבור (שם טו א) היה דבר ה' אל אברם, בברית בין הבתרים, ושם נאמר (שם ד) לא יירשך זה וגו', והביא היורש משרה:
and the Lord did to Sarah as He had spoken: to Abraham.
ויעש ה' לשרה כאשר דבר: לאברהם:
2. And Sarah conceived and bore a son to Abraham in his old age, at the time of which God had spoken to him. ב. וַתַּהַר וַתֵּלֶד שָׂרָה לְאַבְרָהָם בֵּן לִזְקֻנָיו לַמּוֹעֵד אֲשֶׁר דִּבֶּר אֹתוֹ אֱלֹהִים:
at the time of which [He] had spoken: Rabbi Yudan and Rabbi Chama dispute. Rabbi Yudan says: This teaches us that he was born after nine months, so that it should not be said that he was [conceived] in Abimelech’s household, and Rabbi Chama says: After seven months. — [from Gen. Rabbah 53:6]
למועד אשר דבר: ר' יודן ורבי חמא. רבי יודן אומר מלמד שנולד לט' חדשים שלא יאמרו מביתו של אבימלך הוא ור' חמא אומר לשבעה חדשים:
at the time of which God had spoken: Heb. אֹתוֹ. [Onkelos and Jonathan render:] דְמַלֵיל יָתֵי, i.e., the time that He had spoken and fixed, when he [the angel] said to him (18:14):“At the appointed time, I will return to you.” He made a scratch on the wall, and said to him,“ When the sun reaches this scratch next year, she will give birth.” - [from Tan. Buber, Vayera 36]
למועד אשר דבר אתו: דמליל יתיה. את המועד אשר דבר וקבע כשאמר לו (לעיל יח יד) למועד אשוב אליך, שרט לו שריטה בכותל ואמר לו כשתגיע חמה לשריטה זו בשנה אחרת תלד:
in his old age: לִזְקֻנָיו means that his [Isaac’s] facial features were like his. — [from Gen. Rabbah 53:6]
לזקוניו: שהיה זיו אקונין שלו דומה לו:
3. And Abraham named his son who had been born to him, whom Sarah had borne to him, Isaac. ג. וַיִּקְרָא אַבְרָהָם אֶת שֶׁם בְּנוֹ הַנּוֹלַד לוֹ אֲשֶׁר יָלְדָה לּוֹ שָׂרָה יִצְחָק:
4. And Abraham circumcised his son Isaac when he was eight days old, as God had commanded him. ד. וַיָּמָל אַבְרָהָם אֶת יִצְחָק בְּנוֹ בֶּן שְׁמֹנַת יָמִים כַּאֲשֶׁר צִוָּה אֹתוֹ אֱלֹהִים:
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Daily Tehillim: Psalms Chapters 66 - 68
• Chapter 66
This psalm describes the praises and awe-inspiring prayers that we will offer God upon the ingathering of the exiles.
1. For the Conductor, a song, a psalm. Raise your voices in jubilation to God, all the earth!
2. Sing the glory of His Name; make glorious His praise.
3. Say to God, "How awesome are Your deeds!" Because of Your great strength, Your enemies will [admit] their treachery to You.
4. All the earth will bow to You, and sing to You; they will sing praise to Your Name forever!
5. Go and see the works of God, awesome in His deeds toward mankind.
6. He turned the sea into dry land, and they passed through the river on foot; we rejoiced in Him there.
7. He rules the world with His might, and His eyes watch the nations; let the rebellious not exalt themselves, Selah.
8. Bless our God, O nations, and let the voice of His praise be heard.
9. He has kept us alive, and did not allow our feet to falter.
10. For You tested us, O God; You refined us as one refining silver.
11. You brought us into prison; You placed a chain upon our loins.
12. You mounted men over our head; we went through fire and water, and You brought us out to abundance.
13. I will enter Your House with burnt-offerings, I will pay to You my vows,
14. which my lips uttered and my mouth spoke in my distress.
15. I will offer up to You burnt-offerings of fat animals, with the smoke of rams; I will prepare cattle with he-goats, Selah.
16. Come listen, all you who fear God, and I will relate what He has done for my soul.
17. I called to Him with my mouth, with exaltation beneath my tongue.
18. Had I seen iniquity in my heart, my Lord would not have listened.
19. But in truth, God heard; He gave ear to the voice of my prayer.
20. Blessed is God Who has not turned away my prayer or His kindness from me.
Chapter 67
This psalm is known as an especially revered prayer. It, too, speaks of the era of the ingathering of the exiles, and the wars of Gog and Magog, a time when "the Lord will be One."
1. For the Conductor, a song with instrumental music, a psalm.
2. May God be gracious to us and bless us; may He make His countenance shine upon us forever,
3. that Your way be known on earth, Your salvation among all nations.
4. The nations will extol You, O God; all the nations will extol You.
5. The nations will rejoice and sing for joy, for You will judge the peoples justly and guide the nations on earth forever.
6. The peoples will extol You, O God; all the peoples will extol You,
7. for the earth will have yielded its produce, and God, our God, will bless us.
8. God will bless us; and all, from the farthest corners of the earth, shall fear Him.
Chapter 68
An awe-inspiring and wondrous prayer, David composed this psalm referring to a future event, when Sennacherib would surround Jerusalem on Passover, during the reign of Hezekiah. He also prophesies about the good we will enjoy during the Messianic era.
1. For the Conductor; by David, a psalm, a song.
2. Let God rise, let His enemies be scattered, and let His enemies flee before Him.
3. As smoke is driven away, drive them away; as wax melts before fire, let the wicked perish before God.
4. And the righteous will rejoice, they will exult before God and delight with joy.
5. Sing to God, chant praises to His Name; extol Him Who rides upon the heavens with His Name, Yah, and exult before Him.
6. A father of orphans and judge of widows is God, in the abode of His holiness.
7. God settles the solitary into a home, and frees those bound in shackles; but the rebellious [are left to] dwell in an arid land.
8. O God, when You went out before Your nation, when You marched through the wilderness, Selah,
9. the earth trembled, even the heavens dripped before the presence of God; this mountain of Sinai [trembled] before the presence of God, the God of Israel.
10. You poured generous rain, O God; when Your heritage was weary, You secured it.
11. Your flock settled there; in Your goodness, O God, You prepare for the poor.
12. My Lord will fulfill the word of the heralds to a great legion:
13. Kings of armies will flee, they will flee; and she who inhabits the home will divide the loot.
14. Even if you lie upon the hearth,1 [you will be like] wings of a dove covered with silver, her pinions with brilliant gold.
15. When the Almighty scatters kings in her midst, those in the shadow of darkness will be made snow-white.
16. The mountain of God is a fertile mountain, the mountain of majestic peaks is a fertile mountain.
17. Why do you prance, O mountains of peaks? This is the mountain God has desired as His dwelling; the Lord will even dwell there forever.
18. The chariots of God are twice ten thousand, [with] thousands of angels; my Lord is in their midst, at Sinai, in holiness.
19. You ascended on high and took a captive,2 you seized gifts for man; and [now] even rebels dwell with Yah, God.
20. Blessed is my Lord, Who each day loads us [with beneficence], the God Who is our deliverance forever.
21. The Lord is a God of deliverances for us; and to God, my Lord, are the many avenues of death.
22. God alone crushes the heads of His enemies, the hairy skull of him who goes about in his guilt.
23. My Lord said, "I will bring back from Bashan,3 I will bring back from the depths of the sea,
24. that your foot may wade through [the enemy's] blood; that the tongue of your dogs may have its portion from your enemies.”
25. They saw Your ways, O God, the ways of my God, my King, in holiness.
26. The singers began, then the musicians, in the midst of the maidens playing timbrels.
27. In assemblies bless God; [bless] my Lord, O you who stem from Israel.
28. There Benjamin, the youngest, rules them; the princes of Judah stone them, [as do] the princes of Zebulun, and the princes of Naphtali.
29. Your God has decreed your strength. Show Your strength, O God, Who has wrought this for our sake.
30. Because of [the glory of] Your Sanctuary upon Jerusalem, kings will bring You tribute.
31. Rebuke the wild beast of the reeds, the assembly of mighty bulls among the calves of nations, [until] each submits himself with pieces of silver. Scatter the nations that desire wars.
32. Nobles will come from Egypt; Kush will hasten [to raise] its hands to God.
33. Kingdoms of the earth, sing to God; sing praise to my Lord forever!
34. To the One Who rides upon the loftiest of ancient heavens-behold He gives forth His voice, a voice of might.
35. Ascribe power to God; His majesty is over Israel, and His might is in the skies.
36. God, You are feared from Your Sanctuary; it is the God of Israel Who grants strength and power to His people; blessed is God.
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Tanya: Iggeret HaKodesh, middle of Epistle 27
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, 12 Cheshvan 5775 • 5 November 2014
Iggeret HaKodesh, middle of Epistle 27
וזהו שכתוב בזהר הקדוש, דצדיקא דאתפטר אשתכח בכלהו עלמין יתיר מבחיוהי
This, then, is the meaning of the statement in the sacred Zohar,1 that “When a tzaddik departs he is to be found in all the worlds more than during his lifetime.”
Surely this should only apply to the higher worlds. How can this be true of this world? How is he to be found here to a greater extent than while he was alive?
דהיינו שגם בזה העולם המעשה
That is, even in this world of action, in the mundane world of which it is written,
היום לעשותם
“this day — to do them,”2
As the Gemara states,3 “Today is the time to do them; tomorrow is the time to receive their reward.” Man’s primary task in this world is the actual fulfillment of the commandments, while the receipt of rewards or anything akin to rewards belongs to “tomorrow”, to the World to Come.
In any event, even in this “world of action,”
אשתכח יתיר
[the departed tzaddik] is found more [than during his lifetime],
כי המעשה גדול גדל והולך, גידולי גידולין
because the action of his disciples continues to produce successive generations of offshoots,
מן אור זרוע לצדיק בשדה אשר ברכו ה׳
from the4 “light implanted for the righteous” in5 “the field which G‑d has blessed,” i.e., in the Garden of Eden.
As will soon be explained, this refers to the illumination that is drawn down into the Sefirah of Malchut in the World of Atzilut, which is known as “the field which G‑d has blessed.” The Torah and mitzvot of the tzaddik draw down into the Sefirah of Malchut an additional flow of Divine energy from the six higher Sefirot (collectively known as Z"a of Atzilut). This current arouses within his disciples thoughts of repentance and good deeds, which the Alter Rebbe calls “successive generations of offshoots” — harvests of the second generation.
המאיר לארץ וחוצות
[This light] radiates to the earth and to the outside places, i.e., to the Holy Land and outside the Holy Land,
וגם אנחנו אלה פה היום, כולנו חיים בדרכיו
and also to us, those who are here this day, all of us who live in his ways,
דרך הקדש יקרא לה
“the holy way shall it be called.”6
זאת בעבודת ה׳, במילי דשמיא
The above, regarding the increased presence of the departed tzaddik, relates to the service of G‑d, to heavenly i.e., spiritual matters; in these areas his disciples can now receive even more guidance and benefit from him than they did during his lifetime.
ובמילי דעלמא, בפירוש אתמר בזוהר הקדוש, דצדיקיא מגינין על עלמא, ובמיתתהון יתיר מבחייהון
As for mundane matters,i.e., the flow of material blessings which tzaddikim draw down to this world, it is stated explicitly in the sacred Zohar7 that the tzaddikim shield the world, and after their death even more than during their life;
ואלמלא צלותא דצדיקיא בההוא עלמא, לא אתקיים עלמא רגעא חדא
moreover, were it not for the prayer of the tzaddikim in the other world, this world would not endure a single moment.
וכל הקרוב קרוב אל משכן ה׳ בחייו, קודם לברכה
And whoever is closer to the habitation of G‑d8a [through being close to the tzaddik] during his lifetime, has precedence to the blessing that comes from and through the tzaddik.
FOOTNOTES
1. III, 71b.
2. Devarim 7:11.
3. Eruvin 22a.
4. Tehillim 97:11.
5. Cf. Bereishit 27:27.
6. Cf. Yeshayahu 35:8.
7. Cf. Bamidbar 17:28.
8. Cf. Bamidbar 17:28.
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Rambam:
Daily Mitzvah N235 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 12 Cheshvan 5775 • 5 November 2014
Daily Mitzvah N235 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 12 Cheshvan 5775 • 5 November 2014
Negative Commandment 235
Lending with Interest
"You shall not give him your money for interest, nor may you give him your food for increase"—Leviticus 25:37.
It is forbidden to issue a loan – whether money or any other item – to a fellow Jew if it involves charge of interest.
Lending with Interest
Negative Commandment 235
Translated by Berel Bell
The 235th prohibition is that we are forbidden from lending money with interest.
The source of this prohibition is G‑d's statement1 (exalted be He), "Your money do not make him pay interest (neshech) for, and do not make him pay interest (marbis) for your food."
These two prohibitive statements come together for added emphasis; that one who lends with interest is doubly guilty. They are not two separate ideas, since neshech is the same as marbis and marbis is the same as neshech.
Our Sages said in tractate Bava Metzia:2 "You will never find neshech without marbis or marbis without neshech. Why did the verse distinguish between them? To cause the transgressor to be doubly guilty." They also said: "By Torah law, neshech and marbis are identical." They also said: "The verse, 'Your money do not make him pay interest (neshech) for, and do not make him pay interest (marbis) for your food,' should be read, 'Your money do not make him pay neshech and marbis for,' and 'do not make him pay neshech and marbis for your food.' "3 Therefore, anyone who lends money or food with interest is doubly guilty, in addition to the other prohibitions which add to the seriousness of the lender's act. The same prohibition is repeated in other words:4 "Do not take neshech or marbis from him." It is explained in tractate Bava Metzia that this prohibition also applies to the lender. However, all these prohibitions are "extra,"5 as we explained in the Ninth Introductory Principle, since they all forbid the same act — prohibiting the lender from lending with interest.
The details of this mitzvah are explained in the 5th chapter of tractate Bava Metzia.
FOOTNOTES
1.Lev. 25:37.
2.60b.
3.In the first half of the verse, the word for interest (neshech) is written at the end; in the second half of the verse, the word for interest (marbis) is written at the beginning. The Gemara learns that the proximity of the two words enables them to be read together.
4.Lev. 25:36.
5.I.e. they do not count as separate mitzvos in the count of 613. The Rambam needs to say this because the literal translation of the phrase over al shnei lavin (translated here as "doubly guilty") is, "transgresses two prohibitions," which could be misinterpreted as meaning two prohibitions among the 613.
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Lending with Interest
"You shall not give him your money for interest, nor may you give him your food for increase"—Leviticus 25:37.
It is forbidden to issue a loan – whether money or any other item – to a fellow Jew if it involves charge of interest.
Lending with Interest
Negative Commandment 235
Translated by Berel Bell
The 235th prohibition is that we are forbidden from lending money with interest.
The source of this prohibition is G‑d's statement1 (exalted be He), "Your money do not make him pay interest (neshech) for, and do not make him pay interest (marbis) for your food."
These two prohibitive statements come together for added emphasis; that one who lends with interest is doubly guilty. They are not two separate ideas, since neshech is the same as marbis and marbis is the same as neshech.
Our Sages said in tractate Bava Metzia:2 "You will never find neshech without marbis or marbis without neshech. Why did the verse distinguish between them? To cause the transgressor to be doubly guilty." They also said: "By Torah law, neshech and marbis are identical." They also said: "The verse, 'Your money do not make him pay interest (neshech) for, and do not make him pay interest (marbis) for your food,' should be read, 'Your money do not make him pay neshech and marbis for,' and 'do not make him pay neshech and marbis for your food.' "3 Therefore, anyone who lends money or food with interest is doubly guilty, in addition to the other prohibitions which add to the seriousness of the lender's act. The same prohibition is repeated in other words:4 "Do not take neshech or marbis from him." It is explained in tractate Bava Metzia that this prohibition also applies to the lender. However, all these prohibitions are "extra,"5 as we explained in the Ninth Introductory Principle, since they all forbid the same act — prohibiting the lender from lending with interest.
The details of this mitzvah are explained in the 5th chapter of tractate Bava Metzia.
FOOTNOTES
1.Lev. 25:37.
2.60b.
3.In the first half of the verse, the word for interest (neshech) is written at the end; in the second half of the verse, the word for interest (marbis) is written at the beginning. The Gemara learns that the proximity of the two words enables them to be read together.
4.Lev. 25:36.
5.I.e. they do not count as separate mitzvos in the count of 613. The Rambam needs to say this because the literal translation of the phrase over al shnei lavin (translated here as "doubly guilty") is, "transgresses two prohibitions," which could be misinterpreted as meaning two prohibitions among the 613.
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Rambam:
• 1 Chapter a Day: Edut Edut - Chapter 16Edut - Chapter 16
Halacha 1
The following rule applies when Reuven stole a field or a garmen from Shimon and Yehudah lodges a claim against Reuven, stating that the field or the garment is his. Shimon may not testify on Reuven's behalf that the field or the garment does not belong to Yehudah. The rationale is that Shimon desires to have the field or garment remain in the possession of Reuven who stole it from him so that he will have it returned to him from the thief. For it is possible that the proof Shimon uses to expropriate it from Reuven will not enable him to expropriate it from Yehudah.
Similarly, if Reuven sold or transferred as an inheritance the stolen field to Levi and Yehudah lodges a claim against Levi, Shimon may not testify that it does not belong to Yehudah. For perhaps it is more comfortable for him to expropriate it from Levi.
Halacha 2
The following rules apply if Reuven sold the stolen garment to Levi and Yehudah lodges a claim concerning it. If Reuven died, Shimon may testify that it does not belong to Yehudah. The rationale is that this garment will never be returned to Shimon, because the purchaser acquires it because of his despair of recovering it and its change of domain. Reuven, the thief, died, and thus he has no one from whom he could receive reimbursement.
If, however, Reuven is still alive, Shimon may not testify even concerning a garment. For he will receive benefit from the fact that it will not remain in Yehudah's possession so that he can bring proof that Reuven stole it and require him to make reimbursement for it.
Similarly, if the garment is in the possession of Reuven's heirs, Shimon may not testify concerning it. For ultimately, if the heir retains possession, it will be returned to the original owner. Similar laws apply in all analogous situations.
Halacha 3
The following rule applies when Reuven sold a field to Shimon without taking financial responsibility for it and Yehudah issued a claim to expropriate it from Shimon. Reuven may not testify concerning it on Shimon's behalf. Even though he did not accept financial responsibility for the field, he desires that it remain in Shimon's possession. For if that is the case, one of Reuven's creditors may come and collect it as payment for Reuven's debt and thus Reuven will not be "a wicked person who borrows and does not repay."
Halacha 4
When, by contrast, Reuven sold a cow or a garment to Shimon and Yehudah raised a claim to expropriate it from Shimon, Reuven may testify that it belongs to Shimon. The rationale is that even if it were to remain in Shimon's possession, a creditor of Reuven does not have the right to expropriate movable property that was sold. This applies even when the movable property was designated as an apoteiki.
When does the above apply? When Shimon the purchaser admits that the cow or the garment certainly belonged to Reuven the seller and he knows that they truly belonged to him. If, however, Shimon does not acknowledge this, Reuven may not testify to deny Yehudah's right to the property. For if it is expropriated from Shimon, he will sue Reuven for its value, saying: "You sold me an article that did not belong to you, for witnesses came and stated that it belonged to Yehudah."
When do we accept Reuven's testimony to deny Yehudah's right to the movable property and thus leave it in Shimon's possession? When witnesses come and testify that Reuven never owned landed property. If, however, there are no witnesses to deliver such testimony, Reuven may not testify concerning a cow or a garment as well.
Why may he not testify concerning such objects? Because it is possible that he placed them on lien to his creditor by virtue of the latter's lien on landed property and in that contract stated: "That I will acquire," establishing a lien on them by virtue of the lien on the landed property. Thus his creditor has the right to expropriate a cow and a garment as well. Hence, Reuven should not testify concerning them. For he desires to have them remain in Shimon's possession so that his creditor can come and expropriate them. Similar principles apply in all analogous situations.
These matters are dependent solely on the discerning capacity of the judge and the greatness of his understanding when he comprehends the fundamental thrust of the judgments and knows how one thing leads to another, deepening his perception. If he sees that a witness will derive benefit from this testimony even in an uncommon and extraordinary manner, he should not allow that person to testify.
Just as a person should not testify with regard to a matter because he may have a vested interest in the case; so, too, he should not act as a judge concerning such a matter. Similarly with regard to other disqualifying factors, just as they disqualifying a person as a witness; so, too, they disqualify him as a judge.
Halacha 5
Therefore we do not appoint two judges to the Sanhedrin who are related to each other. This applies to both a minor Sanhedrin and the Supreme Sanhedrin. With regard to the judges that are added to reach the number of seven charged with declaring a leap year as mentioned in Hilchot Kiddush HaChodesh, it appears to me that it is of no consequence that there are relatives among them.
Halacha 6
Whoever is fit to act as a judge as fit to act as a witness. There are, however, some who are acceptable to act as a witness, but not to act as a judge. They include friends, enemies, converts, and freed slaves. Similarly, an elderly person, a eunuch, a bastard, and a person with one eye are acceptable as witnesses, but are not acceptable as judges as we explained.
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Rambam:
• 3 Chapters a Day: Malveh veLoveh Malveh veLoveh - Chapter 16, Malveh veLoveh Malveh veLoveh - Chapter 17, Malveh veLoveh Malveh veLoveh - Chapter 18
Malveh veLoveh - Chapter 16
Halacha 1
The debt is the responsibility of the borrower until he pays the lender or the lender's agent. If the lender said: "Throw the money owed to me and become freed of responsibility," the borrower threw it to him, and it became lost or destroyed by fire before it reaches the lender, the borrower is not responsible.
The following rules apply if the lender told him: "Throw the money owed to me in a manner governed by the laws of a bill of divorce." If the money was closer to the borrower, it is still his responsibility. If it was closer to the lender, the borrower is no longer responsible. If it is half and half, and it is lost or stolen from there, the borrower is required to pay half of the debt.
Halacha 2
When Reuven owes Shimon a maneh, gives the maneh to Levi and tells him: "Give this maneh that I owe Shimon to him," Reuven may not retract. Nevertheless, he is held responsible for the maneh until it reaches Shimon.
If Levi returned the maneh to Reuven, they are both responsible for it until Shimon receives full payment for the debt owed him.
Halacha 3
A transfer of a debt is rescinded in the following situation. Reuven owed Shimon a maneh. Shimon told Reuven: "Take the maneh that you owe me and give it to Levi." Since the three were standing together and Levi agreed, the transfer would ordinarily be binding. Nevertheless, if it is discovered that Reuven is poor and does not have the resources to pay, Levi can ask Shimon for payment of the debt, for he deceived him.
If Levi knew ' that Reuven was poor at that time or Reuven was rich at that time and became impoverished afterwards, Levi cannot demand payment from Shimon, for he accepted the transfer.
If Levi argues that Reuven was poor at the time and Shimon deceived him, and Shimon maintains that he was wealthy and later became impoverished, it appears to me that Shimon must bring proof of his claim. Only then is he freed of responsibility from the debt he owes Levi. This is no different from an instance where he has a receipt in his hand, and we tell him: "Prove the authenticity of your receipt, and then you will be freed of responsibility."
Halacha 4
We already explained the following concept in the laws of business transactions. These laws apply when Reuven was not owed anything by Shimon, but did owe a maneh to Levi. If he told Levi to collect the debt from Shimon - even if he made that statement in the presence of the three of them -it is not binding. If Shimon does not desire to pay Levi, he need not. If, however, he does pay him, he may collect the money from Reuven, since he paid him because of his instructions.
Similarly, if Levi desires to retract and say: "I do not desire to collect the debt from Shimon," he may collect the debt from Reuven. This applies even if he collected a portion of the debt from Shimon; he may collect the remainder from Reuven.
Halacha 5
The following laws apply with regard to a store-keeper who would give a house-owner anything he desires on credit, postponing payment until the entire amount reaches a substantial sum, at which time he would pay him.
The employer says: "Give my workers a sela..." or "... my creditor the maneh that I owe him and I will repay you." Afterwards, the storekeeper said: "I gave the money you instructed me to give," and the worker or the creditor says: "I did not receive it." The worker or the creditor must take an oath; he may then collect the debt owed him from the employer. Similarly, the store-keeper may take an oath and collect what he claims from the employer, for he told him to pay that money.
The worker must take the oath in the presence of the storekeeper, and the storekeeper must do so in the presence of the worker or the creditor, so that they will be embarrassed by each other. Similar laws apply in all analogous situations.
This oath is a Rabbinical ordinance, administered while the person holds a sacred article, because both claimants are coming to collect money. Therefore, if the storekeeper dies, the creditor may collect the debt without taking an oath. Similarly, if the worker or the creditor dies, the storekeeper may collect the claim he makes without taking an oath. The rationale is that in such a situation the employer is not losing anything and is making payment only once.
Halacha 6
When the store-keeper says: "You told me to give this person a maneh," or "You commanded me and told me, 'If so-and-so comes, give him,'" and the employer claims: "I did not tell you," the employer must take a sh'vuat hesset to support his claim. He is then freed of responsibility. The store-keeper should then lodge a suit against the person he claims to have paid.
Similarly, if a storekeeper tells an employer with whom he has a credit arrangement: "It is written in my account book that you owe me a maneh" and the employer says: "I don't know," the employer must take a sh'vuat hesset that he does not know. He is then freed of responsibility, as is the law with regard to any situation where one person lodges a claim against another. There is no Rabbinical ordinance governing such a situation.
Halacha 7
When Reuven produces a promissory note that states that Shimon owes a debt to Levi, and claims that Shimon gave it to him by signing a deed acknowledging the transfer and giving it to him, but that the deed of transfer was lost, or he claims that Levi transferred the promissory note to him via the acquisition of land, he may collect the debt from Shimon. The rationale is that Reuven is in possession of the promissory note.
If Shimon claims that he paid Levi and demands that an oath be taken, Levi must take an oath to Shimon. Afterwards, Reuven may collect the debt. If Levi admits that Shimon paid him, Levi must pay Reuven. If Levi claims that he neither sold nor gave the promissory note to Reuven, Levi is required to take a sh'vuat hesset and is then freed of responsibility.
Halacha 8
When a promissory note is in the hands of a third party, and he produces it in a court of law and says: "It has been paid," his word is accepted. This applies even if the authenticity of the note has been verified. The rationale is that if he had desired, he could have burned it or torn it.
Similarly, if the third party died, and a note is found in his possession stating that the promissory note entrusted to him has been paid, we consider it paid. This applies even though the note stating the debt was paid is not signed by witnesses.
When, by contrast, a note is found in the creditor's possession that a particular promissory note has been paid, even if the note stating that the debt was paid is in the creditor's handwriting, it is considered to be merely facetious.
Halacha 9
If witnesses signed the note discovered in the creditor's possession, when their signatures have been verified, the note is considered paid. If their signatures have not been verified, the witnesses who signed the receipt should be interrogated. If they do not know of the matter or if they are not present to be asked, the receipt is ignored, because it was found in the possession of the lender or his heirs.
Halacha 10
If the promissory note mentioned in the note that was discovered was found among the promissory notes belonging to the lender that have been paid, we assume that it was paid, even if the note that was found was not signed by witnesses.
Similarly, if it is written on the promissory note itself - whether on its front or back, or even on only a portion of it - that this promissory note or a portion of it was paid, we follow those statements. This applies even though witnesses did not sign the statement, and the promissory note is in the possession of the lender. For if the promissory note had not been paid, he would not have written on the note itself.
Halacha 11
When a person finds a promissory note among his other legal documents and he does not know its status, it should remain in his possession until Eliyahu comes.
Halacha 12
When a person tells his sons: "One of the promissory notes among my promissory notes has been paid and I don't know which one it is," all of the promissory notes are considered paid. If there are two promissory notes from one person, the greater one is considered paid and the lesser one is considered unpaid.
If a person tells a colleague: "One of your promissory notes in my possession has been paid," the greater one is considered to be paid and the lesser one is considered to be unpaid. If he tells him: "The debt you owe me has been paid," all of the promissory notes he has against him are considered paid.
Malveh veLoveh - Chapter 17
Halacha 1
The following laws apply when a lender dies and his heir comes and demands payment from a borrower, because of the promissory note for which he is liable. If the borrower claims: "I paid your father," and the heir says: "I don't know whether you did or not," we tell the borrower: "Arise and pay him."
If the borrower demands: "Take an oath for me," the heir should take an oath, while holding a sacred object, that his father did not instruct him via another person that the debt was paid, that he did not tell him this verbally, and that he did not find a note saying that this promissory note was paid among his father's legal documents. After taking this oath, he may collect the debt.
Halacha 2
If the borrower died after the lender died, and the lender's heir comes and demands payment from the borrower's heir, he may not collect payment unless he takes an oath. We tell him: "Take an oath that 'My father did not instruct me...,' 'My father did not tell me...,' 'I did not find a note saying that this promissory note was paid among my father's legal documents.'"
Even if the heir was a baby lying in a cradle when his father died, he must take this oath and collect. If the lender made a statement immediately before his death that this promissory note has not been paid, the lender's heir need not take an oath before exacting payment. This applies even if he is collecting payment] from the heir.
Halacha 3
If, however, the borrower died first and then the lender died, the lender's heirs may not collect anything from the borrower's heirs. The rationale is that when the borrower died, the lender became obligated to take an oath before collecting, as we have explained in the previous halachah. He has already died, and a person does not bequeath an oath to his sons. For they are unable to take an oath that their father was not paid anything.
Nevertheless, if a judge transgressed and required the lender's heirs to take an oath and enabled them to collect their debt, the money that they collected should not be expropriated from their possession. Therefore, a promissory note that is used as the basis for a claim by the heirs of a lender who seek to collect from the heirs of a borrower when the borrower died first, should not be torn, nor should it be used to expropriate money.
It should not be used to expropriate money, because a person does not bequeath an oath to his sons, as explained. It should not, however, be torn, lest there be a judge who will expropriate money because of it.
Halacha 4
In the situation described above, even if the debt was secured by a guarantor, the lender's heirs should not expropriate the debt from the guarantor. The rationale is that if they are told to collect the debt from the guarantor, the guarantor will go and seek payment from the borrower's heirs.
Halacha 5
Extrapolation is not made from this law to a similar instance. Instead, when a person who impairs the legal power of a promissory note then dies -although he is not entitled to collect the debt unless he takes an oath - his children may take an oath that their father did not instruct them..., their father did not tell them..., they did not find a note saying that this promissory note was paid in its entirety among his father's legal documents. They may then collect the remainder of the sum stated in the promissory note from the lender or from his heirs.
Halacha 6
When a lender's heir comes to collect payment of a promissory note from the borrower's heirs and the latter say: "Our father told us: 'I did not borrow the money mentioned in this debt,'" the lender's heirs may collect the debt without taking an oath. The rationale is that whenever a person says "I did not borrow," it is as if he says: "I did not pay."
Similarly, when the lender himself comes to collect payment from the heirs of a borrower, and they say: "Our father told us: 'I did not borrow the money mentioned in this debt,'" the lender may collect the debt without taking an oath. This applies even if in the promissory note the lender stated that he would accept the borrower's word whenever he claims to have paid the debt. For in this instance as well, we follow the rationale that whenever a person says "I did not borrow," it is as if he says: "I did not pay."
Halacha 7
The following laws apply when the lender's heir comes and demands payment from a borrower on the basis of a promissory note that contains a stipulation that the borrower's word will be accepted, whenever the borrower says: "I paid the debt." He is required to take a sh'vuat hesset that he paid this debt and is freed of liability. This applies even if the stipulation does not state: "Your word will be accepted against a claim issued by my heirs." The rationale is that the very basis of the promissory note depends on this stipulation.
If the stipulation states that the borrower's word would be accepted without an oath, he is not required to take an oath, even to the lender's heirs.
Halacha 8
The following laws apply when the lender's heir is below majority, he possesses a promissory noted owed to his father, but a receipt for this note was produced after the father's death. We do not rip up the promissory note, nor do we allow payment to be expropriated on its basis until the heir reaches majority. The rationale is that it is possible that the receipt is a forgery. That possibility is reinforced by the fact that the borrower did not produce it during the lender's lifetime.
Halacha 9
When a person produces a promissory note against a colleague, stating that it was composed in Babylonia, he collects the debt in the coinage of Babylonia. If the promissory note was written in Eretz Yisrael, he should collect the debt in the coinage of Eretz Yisrael. This is not the case with regard to a ketubah
The following rules apply when the promissory note did not state the place where it was composed. If the lender produced it in Babylonia, he should collect the debt in the coinage of Babylonia. If he produced it in Eretz Yisrael, he should collect the debt in the coinage of Eretz Yisrael. If the lender sought to collect the debt in the coinage of the place where he produced the promissory note, and the borrower protested, claiming that he is obligated to pay in a coinage that is worth less than the local coinage, the lender should support his claim with an oath. He may then collect the debt. If the promissory note states that money is owed without any more specifics, the lender may collect only what the borrower agrees to pay.
From these laws, we can derive the following principles: A legal document that does not mention the place where it was composed is acceptable for all matters. Similarly, a legal document that is not dated is acceptable, even though it is testimony that cannot be nullified through hazamah. The rationale is that in financial laws, we are not stringent and do not subject the witnesses to precise cross-examination and interrogation, as will be explained. This leniency was adopted so as not to prevent loans from being granted. For this reason, post-dated promissory notes are acceptable, although the testimony of the witnesses who signed cannot be nullified through hazamah as will be explained in the appropriate place.
Malveh veLoveh - Chapter 18
Halacha 1
When a person lends money to a colleague without any stipulations, all of the borrower's property is on lien and bound to the debt. Therefore, when the lender comes to collect his debt, he should demand payment from the debtor first. If the debtor does not have money, but is in possession of either landed or movable property, he may collect the debt from them with the borrower's consent. If the borrower did not give the property willingly, the lender should have the property expropriated by the court.
If the property in the borrower's possession was not equal in value to the amount stated in the promissory note, the lender may expropriate the debt from all the property that was in the borrower's possession, even though it is now sold or given as presents to others. The rationale is that since the borrower sold or gave away the property after it was subjugated to the lien of this debt, he may expropriate the property from the possession of purchasers or the recipients of the presents. This is called being toreif.
To what does the above apply? To landed property in the borrower's possession at the time of the loan. Property that the borrower acquired after the loan was given, by contrast, is not automatically on lien to the creditor, and he may not expropriate it from purchasers. If, however, the lender established the stipulation that all the property that the borrower will acquire afterwards will be on lien for him to collect the debt from it, property that the borrower acquired after taking the loan and subsequently sold or gave away may be expropriated by a creditor.
Halacha 2
The above statements apply only to landed property. Movable property that has been sold, by contrast, is not on lien to a debt. Even property in the borrower's possession at the time of the loan may not be expropriated by his creditor.
If the debtor transferred a lien to all his movable property by virtue of the lien on landed property so that the creditor can expropriate everything, he may expropriate that movable property. This applies only when he writes in the promissory note: "I have transferred to you a lien on my movable property by virtue of the lien on my landed property. This is not an asmachta, nor is this a standard form of a legal document."
Similarly, he may write: "All of the property that I will purchase in the future, whether landed property or movable property, is on lien to you so that you can expropriate payment from it, and the lien on my movable property is transferred to you by virtue of the lien on my landed property, so that you can expropriate payment from them. This is not an asmachta, nor is this a standard form of a legal document." In such an instance, the creditor may expropriate even the movable property that the borrower purchased after he borrowed the money. The rationale is that any stipulation made concerning a financial transaction is binding.
Halacha 3
The following laws apply when a person designates a field of his as an ipotiki for a creditor for a debt, or for a woman for her ketubah - i.e., he composed a legal document stating that they should collect payment from that source - and a river flooded the field. The creditor may expropriate other property as payment for the debt. If, however, it was stipulated that he should not derive payment from any place other than this, he should not expropriate other property.
Similarly, if a person borrowed money and explicitly stipulated that his property is not on lien to the debt, the creditor may never collect this debt from property that has been sold to others.
Halacha 4
When a person designates a field of his as an ipotiki for a creditor for a debt, or for a woman for her ketubah and then sells it, the sale is binding. If when the creditor comes to collect his debt, he does not find any property that has not been sold, he may expropriate the field that had been designated from the person who purchased it.
When does the above apply? When the debtor sold the field for a limited amount of time. If, however, he desired to sell it forever, the sale is not binding.
Halacha 5
When a person designates a servant as an ipotiki, a creditor can expropriate the servant in payment of the debt even if he was sold to another person. ' The rationale is that the matter will be publicized. If he designates his cow as an ipotiki, a creditor may not expropriate the cow. The same ruling applies with regard to other movable property, for the matter will not be publicized.
Halacha 6
When a master designates his servant as an ipotiki and then frees him, he obtains his freedom. This applies even if he wrote in the promissory note: "You will not receive payment from any source but this."
Similar rules apply if he consecrates the servant. The rationale is that [the prohibition against leaven, freeing a servant and consecration remove the lien from an article.
The creditor may collect his debt from the debtor. If he does not have the means to pay him, he must compose a promissory note acknowledging his debt, and with that promissory note he can expropriate property that was sold by the debtor after the date of this second promissory note.
Why is he obligated to pay the debt? Because he caused his colleague's money to be lost. And whenever a person causes a colleague a loss, he must make financial restitution, as explained in the appropriate place.
We also compel the servant's second master to free him as well. This is a measure enacted for the correction of society, lest the creditor encounter the servant in the marketplace at a later time and say: "You are my slave."
Halacha 7
When a person consecrates his property, the creditor cannot expropriate the property from the Temple treasury, for the consecration of property lifts the lien from it.
When the property is redeemed from the Temple treasury, we estimate how much a person would desire to give for this field, so that the creditor will be paid his due, or the woman the money due her by virtue of her ketubah. Therefore, when the field is redeemed and becomes unconsecrated property in the possession of the purchaser, the creditor can come and expropriate his debt from it, or the woman can take it as payment for the money due her by virtue of her ketubah, as we have explained in Hilchot Arachin.
Halacha 8
When a creditor comes to expropriate a field from the purchaser, if the purchaser has money in his possession, he may eliminate the creditor's claim by paying him the money for which he is expropriating the field. The purchaser then demands repayment from the seller. If, however, the debtor had designated the field as an ipotiki, the purchaser may not eliminate the creditor's claim by paying him.
Halacha 9
The purchaser is also given the upper hand in the following situation: Reuven owed Shimon 200 zuz. Reuven owned two fields. He sold one to Levi for a maneh, and then sold him the other one for a second maneh. Shimon expropriated one for a maneh and then sought to expropriate the other for the second maneh that was owed him. Levi brought 200 zuz in coin and told Shimon: "If you desire to consider the field that you already expropriated as payment for the entire 200 zuz that you are owed, that is acceptable. If not, here are the 200 zuz of the debt; rescind your claim." Levi is given the upper hand.
If Shimon accepted Levi's proposition and kept the one field, Levi cannot demand payment from Reuven for more than one maneti, despite the fact that Shimon accepted it as compensation for 200 zuz.
Halacha 10
The creditor, by contrast, is given the upper hand in the following situation. Reuven owed Shimon 200 zuz. Reuven died and left one field that was worth 100 zuz. Shimon came and expropriated it. The orphans gave Shimon 100 zuz worth from the movable property that their father left, and thus removed Shimon from it. Shimon may, however, return and expropriate it for the remainder of his debt. The rationale is that by giving him the 100 zuz, they performed a mitzvah, for it is a mitzvah for heirs to pay their father's debt.
If the heirs told Shimon: "This 100 is for the field you expropriated," he cannot come back and expropriate it again for the remainder of the money owed him.
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Hayom Yom:
Wednesday, 12 Cheshvan 5775 • 5 November 2014
"Today's Day"
Wednesday, Cheshvan 12, 5704
Torah lessons: Chumash: Vayeira, Revi'i with Rashi.
Tehillim: 66-68.
Tanya: And this is (p. 565) ...to the blessing. (p. 567).
One of the Alter Rebbe's early teachings, then called verter1 (lit. "words," short sayings):
Sh'ma Yisrael2 - a Jew3 senses4 that
Havayeh5 Elokeinu - our strength and life6 is beyond nature,7 and
Havayeh Echad - Havayeh is One.
FOOTNOTES
1. See Sivan 15.
2. Lit. "Hear, O Israel."
3. From the word Yisrael, one of Israel.
4. From sh'ma, "hear," "listen," or "comprehend"; hence, "senses."
5. See Tishrei 3 and footnotes.
6. Or "vitality," "life-force."
7. Havayeh, G-d transcendent, above nature, is Elokeinu, "our G-d" - our strength and life. Viz. Tishrei 3.
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Daily Thought:
Seeding Miracles
When our universe as we know it first emerged, the soil of the earth was imbued with a wondrous power—the power to generate life.
Place a tiny seed in the ground and it converts the carbon of the air into a mighty redwood—a decomposing seed awakens the power of the infinite.
Yet another miracle, even more wondrous: A quiet act of kindness buried in humility ignites an explosion of G‑dly light.
Infinite power is hidden in the humblest of places.[Tanya, Igeret Hakodesh, 20, pg. 264.]
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Wednesday, Cheshvan 12, 5704
Torah lessons: Chumash: Vayeira, Revi'i with Rashi.
Tehillim: 66-68.
Tanya: And this is (p. 565) ...to the blessing. (p. 567).
One of the Alter Rebbe's early teachings, then called verter1 (lit. "words," short sayings):
Sh'ma Yisrael2 - a Jew3 senses4 that
Havayeh5 Elokeinu - our strength and life6 is beyond nature,7 and
Havayeh Echad - Havayeh is One.
FOOTNOTES
1. See Sivan 15.
2. Lit. "Hear, O Israel."
3. From the word Yisrael, one of Israel.
4. From sh'ma, "hear," "listen," or "comprehend"; hence, "senses."
5. See Tishrei 3 and footnotes.
6. Or "vitality," "life-force."
7. Havayeh, G-d transcendent, above nature, is Elokeinu, "our G-d" - our strength and life. Viz. Tishrei 3.
____________________________
Daily Thought:
Seeding Miracles
When our universe as we know it first emerged, the soil of the earth was imbued with a wondrous power—the power to generate life.
Place a tiny seed in the ground and it converts the carbon of the air into a mighty redwood—a decomposing seed awakens the power of the infinite.
Yet another miracle, even more wondrous: A quiet act of kindness buried in humility ignites an explosion of G‑dly light.
Infinite power is hidden in the humblest of places.[Tanya, Igeret Hakodesh, 20, pg. 264.]
____________________________
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