Today's Laws & Customs:
Today in Jewish History:
DAILY QUOTE:
When G-d desired to create man, Truth said: "He should not be created, for he is full of lies." Kindness said: "He should be created, for he is full of kindness."[Midrash Rabbah, Bereishit 8:5]
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:DAILY QUOTE:
When G-d desired to create man, Truth said: "He should not be created, for he is full of lies." Kindness said: "He should be created, for he is full of kindness."[Midrash Rabbah, Bereishit 8:5]
DAILY STUDY:
Chumash: Parshat Vayeitzei, 4th Portion (Genesis 30:14-30:27) with Rashi
• Chapter 30
14. Reuben went in the days of the wheat harvest, and he found dudaim in the field and brought them to Leah, his mother, and Rachel said to Leah, "Now give me some of your son's dudaim." יד. וַיֵּלֶךְ רְאוּבֵן בִּימֵי קְצִיר חִטִּים וַיִּמְצָא דוּדָאִים בַּשָּׂדֶה וַיָּבֵא אֹתָם אֶל לֵאָה אִמּוֹ וַתֹּאמֶר רָחֵל אֶל לֵאָה תְּנִי נָא לִי מִדּוּדָאֵי בְּנֵךְ:
in the days of the wheat harvest: [This is] to tell the praise of the [progenitors of] the tribes. It was harvest time, and he did not stretch out his hand upon stolen property, to bring wheat or barley, but only upon an ownerless thing, which no one cares about. — [from Gen. Rabbah 72: 2]
בימי קציר חטים: להגיד שבחן של שבטים, שעת הקציר היה ולא פשט ידו בגזל להביא חטים ושעורים אלא דבר ההפקר שאין אדם מקפיד בו:
dudaim: (Sanh. 99b) Sigli. This is an herb, [called] jasmine in Arabic.
דודאים: סיגלי, עשב הוא ובלשון ישמעאל יסמי"ן:
15. And she said to her, "Is it a small matter that you have taken my husband, that [you wish] also to take my son's dudaim?" So Rachel said, "Therefore, he shall sleep with you tonight as payment for your son's dudaim." טו. וַתֹּאמֶר לָהּ הַמְעַט קַחְתֵּךְ אֶת אִישִׁי וְלָקַחַת גַּם אֶת דּוּדָאֵי בְּנִי וַתֹּאמֶר רָחֵל לָכֵן יִשְׁכַּב עִמָּךְ הַלַּיְלָה תַּחַת דּוּדָאֵי בְנֵךְ:
that [you wish] also to take my son’s dudaim?: This is a question: and [do you wish] to do this also, to take also my son’s dudaim? The Targum for this is וּלְמֵיסַב, and to take.
ולקחת גם את דודאי בני: בתמיה, ולעשות עוד זאת ליקח גם את דודאי בני ותרגומו ולמיסב:
Therefore, he shall sleep with you tonight: Tonight’s cohabitation belonged to me, but I will give it to you in lieu of your son’s dudaim. Since she treated the cohabitation of the righteous man lightly, she did not merit to be buried with him. — [from Gen. Rabbah 72:3]
לכן ישכב עמך הלילה: שלי היתה שכיבת לילה זו ואני נותנה לך תחת דודאי בנך. ולפי שזלזלה במשכב הצדיק לא זכתה להקבר עמו:
16. When Jacob came from the field in the evening, and Leah came forth toward him, and she said, "You shall come to me, because I have hired you with my son's dudaim," and he slept with her on that night. טז. וַיָּבֹא יַעֲקֹב מִן הַשָּׂדֶה בָּעֶרֶב וַתֵּצֵא לֵאָה לִקְרָאתוֹ וַתֹּאמֶר אֵלַי תָּבוֹא כִּי שָׂכֹר שְׂכַרְתִּיךָ בְּדוּדָאֵי בְּנִי וַיִּשְׁכַּב עִמָּהּ בַּלַּיְלָה הוּא:
I have hired you: I gave Rachel her payment. — [from Targum Jonathan]
שכר שכרתיך: נתתי לרחל שכרה:
on that night: Heb. בָּלַיְלָה הוּא. The Holy One, blessed be He, assisted that Issachar should be born from that union. — [from Niddah 31a]
בלילה הוא: הקב"ה סייע שיצא משם יששכר:
17. And God hearkened to Leah, and she conceived and bore Jacob a fifth son. יז. וַיִּשְׁמַע אֱלֹהִים אֶל לֵאָה וַתַּהַר וַתֵּלֶד לְיַעֲקֹב בֵּן חֲמִישִׁי:
And God hearkened to Leah: That she desired and was seeking means to increase the number of tribes. — [from Gen. Rabbah 72:5]
וישמע א-להים אל לאה: שהיתה מתאוה ומחזרת להרבות שבטים:
18. And Leah said, "God has given [me] my reward for I have given my maidservant to my husband"; so she named him Issachar. יח. וַתֹּאמֶר לֵאָה נָתַן אֱלֹהִים שְׂכָרִי אֲשֶׁר נָתַתִּי שִׁפְחָתִי לְאִישִׁי וַתִּקְרָא שְׁמוֹ יִשָּׂשכָר:
19. And Leah conceived again, and she bore Jacob a sixth son. יט. וַתַּהַר עוֹד לֵאָה וַתֵּלֶד בֵּן שִׁשִּׁי לְיַעֲקֹב:
20. And Leah said, "God has given me a good portion. This time, my husband will live with me, for I have borne him six sons"; so she named him Zebulun. כ. וַתֹּאמֶר לֵאָה זְבָדַנִי אֱלֹהִים | אֹתִי זֶבֶד טוֹב הַפַּעַם יִזְבְּלֵנִי אִישִׁי כִּי יָלַדְתִּי לוֹ שִׁשָּׁה בָנִים וַתִּקְרָא אֶת שְׁמוֹ זְבֻלוּן:
a good portion: Heb. זֶבֶד טוֹב. [To be interpreted] according to its Aramaic translation [חוּלַק טַב, a good portion].
זבד טוב: כתרגומו:
will live with me: An expression of a dwelling place; herberjerie in O.F.; lodging, abode, home. From now on, his principal dwelling will be only with me, because I have as many sons as all his [other] wives have.
יזבלני: לשון (מלכים א' ח יג) בית זבול הירבירייריא"ה בלע"ז [לינה] בית מדור. מעתה לא תהא עיקר דירתו אלא עמי שיש לי בנים כנגד כל נשיו:
21. And afterwards, she bore a daughter, and she named her Dinah. כא. וְאַחַר יָלְדָה בַּת וַתִּקְרָא אֶת שְׁמָהּ דִּינָה:
Dinah: Our Sages explained that Leah pronounced judgment (דָּנָה) upon herself. [She reasoned:] If this is a male, my sister Rachel will not be [esteemed even] as one of the handmaids. So she prayed over him, and he was turned into a female (Ber. 60a).
דינה: פירשו רבותינו שדנה לאה דין בעצמה אם זה זכר לא תהא רחל אחותי כאחת השפחות, והתפללה עליו ונהפך לנקבה:
22. And God remembered Rachel, and God hearkened to her, and He opened her womb. כב. וַיִּזְכֹּר אֱלֹהִים אֶת רָחֵל וַיִּשְׁמַע אֵלֶיהָ אֱלֹהִים וַיִּפְתַּח אֶת רַחְמָהּ:
And God remembered Rachel: (Gen. Rabbah 73:4) He remembered for her that she gave over her signs to her sister [Leah] and that she was troubled lest she fall into Esau’s lot, perhaps Jacob would divorce her because she had no children. The wicked Esau also got that idea when he heard that she had no children. This is what the paytan incorporated [into his poem for the first day of Rosh Hashanah, entitled אֶבֶן חוּג]: When the ruddy one (Esau) saw that she (Rachel) had not experienced birth pangs, he wished to take her for himself, and she was terrified.
ויזכר א-להים את רחל: זכר לה שמסרה סימניה לאחותה, ושהיתה מצירה שלא תעלה בגורלו של עשו שמא יגרשנה יעקב לפי שאין לה בנים, ואף עשו הרשע כך עלה בלבו כששמע שאין לה בנים. הוא שייסד הפייט (קרובות דר"ה שחרית) האדמון כבט שלא חלה, צבה לקחתה לו ונתבהלה:
23. And she conceived and bore a son, and she said, "God has taken away my reproach." כג. וַתַּהַר וַתֵּלֶד בֵּן וַתֹּאמֶר אָסַף אֱלֹהִים אֶת חֶרְפָּתִי:
has taken away: Heb. אָסַף He took it into a place where it would not be seen, and similarly (Isa. 4:1):“take away (אֱסֹף) our reproach” ; (Ex. 9:19):“and will not be taken in (יֵאָסֵף) the house” ; (Joel 4:15):“have withdrawn (אָסְפוּ) their shining” ; (Isa. 60: 20):“shall your moon be gathered in (יֵאָסֵף) ,” [meaning that] it will not be hidden.
אסף: הכניסה במקום שלא תראה וכן (ישעיה ד א) אסף חרפתנו, (שמות ט יט) ולא יאסף הביתה, (יואל ד טו) אספו נגהם, (ישעיה ס כ) וירחך לא יאסף, לא יטמן:
my reproach: For I was put to shame, having been barren, and [people] were saying about me that I would fall to the lot of the wicked Esau (Tan. Buber, Vayetze 20). The Aggadah (Gen. Rabbah 73:5) [explains it thus:] As long as a woman has no child, she has no one to blame for her faults. As soon as she has a child, she blames him. “Who broke this dish?” “Your child!” “Who ate these figs?” “Your child!”
חרפתי: שהייתי לחרפה שאני עקרה, והיו אומרים עלי שאעלה לחלקו של עשו הרשע. ומדרש אגדה כל זמן שאין לאשה בן אין לה במי לתלות סרחונה, משיש לה בן תולה בו. מי שבר כלי זה, בנך, מי אכל תאנים אלו, בנך:
24. So she named him Joseph, saying, "May the Lord grant me yet another son!" כד. וַתִּקְרָא אֶת שְׁמוֹ יוֹסֵף לֵאמֹר יֹסֵף יְהֹוָה לִי בֵּן אַחֵר:
May the Lord grant me yet another son: She knew through prophecy that Jacob was destined to establish only twelve tribes. She said, “May it be His will that the one he is destined to establish be from me.” Therefore, she prayed only for another son [and no more]. — [from Gen. Rabbah 72:6]
יוסף ה' לי בן אחר: יודעת היתה בנבואה שאין יעקב עתיד להעמיד אלא שנים עשר שבטים, אמרה יהי רצון שאותו שהוא עתיד להעמיד יהא ממני, לכך לא נתפללה אלא על בן אחר:
25. It came to pass when Rachel had borne Joseph, that Jacob said to Laban, "Send me away, and I will go to my place and to my land. כה. וַיְהִי כַּאֲשֶׁר יָלְדָה רָחֵל אֶת יוֹסֵף וַיֹּאמֶר יַעֲקֹב אֶל לָבָן שַׁלְּחֵנִי וְאֵלְכָה אֶל מְקוֹמִי וּלְאַרְצִי:
when Rachel had borne Joseph: When the adversary of Esau was born, as it is said (Obadiah 1:18): “And the house of Jacob shall be fire and the house of Joseph a flame, and the house of Esau shall become stubble.” Fire without a flame does not burn anything a distance away. As soon as Joseph was born, Jacob trusted in the Holy One, blessed be He and desired to return [to Canaan]. — [from B.B. 123b, Targum Jonathan ben Uzziel, Gen. Rabbah 73:7]
כאשר ילדה רחל את יוסף: משנולד שטנו של עשו, שנאמר (עובדיה א יח) והיה בית יעקב אש ובית יוסף להבה ובית עשו לקש, אש בלא להבה אינו שולט למרחוק, משנולד יוסף בטח יעקב בהקב"ה ורצה לשוב:
26. Give [me] my wives and my children for whom I worked for you, and I will go, for you know my work, which I have worked for you." כו. תְּנָה אֶת נָשַׁי וְאֶת יְלָדַי אֲשֶׁר עָבַדְתִּי אֹתְךָ בָּהֵן וְאֵלֵכָה כִּי אַתָּה יָדַעְתָּ אֶת עֲבֹדָתִי אֲשֶׁר עֲבַדְתִּיךָ:
Give [me] my wives, etc.: I do not wish to leave without permission. — [from Zohar vol. 1, 158b]
תנה את נשי וגו': איני רוצה לצאת כי אם ברשות:
27. And Laban said to him, "If only I have now found favor in your eyes! I have divined, and the Lord has blessed me for your sake." כז. וַיֹּאמֶר אֵלָיו לָבָן אִם נָא מָצָאתִי חֵן בְּעֵינֶיךָ נִחַשְׁתִּי וַיְבָרֲכֵנִי יְהֹוָה בִּגְלָלֶךָ:
I have divined: He was a diviner. [He said:] I ascertained with my divination that a blessing came to me through you. When you came here, I had no sons, as it is said (above, 29:6): “and behold, his daughter Rachel is coming with the sheep” (is it possible that he has sons, yet sends his daughter along with the shepherds?). Now, however, he had sons, as it is said (31: 1):“And he heard the words of Laban’s sons.” - [from Tanchuma Shemoth 16]
נחשתי: מנחש היה, נסיתי בנחוש שלי שעל ידך באה לי ברכה, כשבאת לכאן לא היו לי בנים, שנאמר (לעיל כט ו) והנה רחל בתו באה עם הצאן, אפשר יש לו בנים והוא שולח בתו אצל הרועים, ועכשיו היו לו בנים שנאמר (להלן לא א) וישמע את דברי בני לבן:
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Daily Tehillim: Psalms Chapters 23-28
• Chapter 23
When King David was in the forest of Cheret and nearly died of starvation, God provided nourishment for him with a taste of the World to Come. David then composed this psalm, describing the magnitude of his trust in God.
1. A psalm by David. The Lord is my shepherd, I shall lack nothing.
2. He lays me down in green pastures; He leads me beside still waters.
3. He revives my soul; He directs me in paths of righteousness for the sake of His Name.
4. Though I walk in the valley of the shadow of death, I will fear no evil, for You are with me; Your rod and Your staff-they will comfort me.
5. You will prepare a table for me before my enemies; You have anointed my head with oil; my cup is full.
6. Only goodness and kindness shall follow me all the days of my life, and I shall dwell in the House of the Lord for many long years.
Chapter 24
If the fulfillment of one's prayer would result in the sanctification of God's Name, he should pray that God act for the sake of the holiness of His Name. One should also invoke the merit of his ancestors, for we know that "the righteous are greater in death than in life"
1. By David, a psalm. The earth and all therein is the Lord's; the world and its inhabitants.
2. For He has founded it upon the seas, and established it upon the rivers.
3. Who may ascend the mountain of the Lord, and who may stand in His holy place?
4. He who has clean hands and a pure heart, who has not used My Name in vain or sworn falsely.
5. He shall receive a blessing from the Lord, and kindness from God, his deliverer.
6. Such is the generation of those who search for Him, [the children of] Jacob who seek Your countenance forever.
7. Lift up your heads, O gates, and be lifted up, eternal doors, so the glorious King may enter.
8. Who is the glorious King? The Lord, strong and mighty; the Lord, mighty in battle.
9. Lift up your heads, O gates; lift them up, eternal doors, so the glorious King may enter.
10. Who is the glorious King? The Lord of Hosts, He is the glorious King for all eternity.
Chapter 25
The verses in this psalm are arranged according to the alphabet, excluding the letters Bet, Vav, and Kuf, which together equal the numerical value of Gehenom (purgatory). One who recites this psalm daily will not see the face of purgatory.
1. By David. To You, Lord, I lift my soul.
2. My God, I have put my trust in You. May I not be put to shame; may my enemies not gloat over me.
3. Indeed, may all who hope in You not be put to shame; let those who act treacherously without reason be shamed.
4. O Lord, make Your ways known to me; teach me Your paths.
5. Train me in Your truth and teach me, for You are the God of my salvation; I yearn for You all day.
6. O Lord, remember Your mercies and Your kindnesses, for they have existed for all time.
7. Do not recall the sins of my youth, nor my transgressions; remember me in accordance with Your kindness, because of Your goodness, O Lord.
8. Good and upright is the Lord, therefore He directs sinners along the way.
9. He guides the humble with justice, and teaches the humble His way.
10. All the paths of the Lord are kindness and truth for those who observe His covenant and testimonies.
11. For the sake of Your Name, O Lord, pardon my iniquity, for it is great.
12. Whoever is a God-fearing man, him will He teach the path that he should choose.
13. His soul will abide in well-being, and his descendants will inherit the earth.
14. The secret of the Lord is to those who fear Him; He makes His covenant known to them.
15. My eyes are always turned to the Lord, for He releases my feet from the snare.
16. Turn to me and be compassionate to me, for I am alone and afflicted.
17. The sufferings of my heart have increased; deliver me from my hardships.
18. Behold my affliction and suffering, and forgive all my sins.
19. See how numerous my enemies have become; they hate me with a violent hatred.
20. Guard my soul and deliver me; may I not be put to shame, for I place my trust in You.
21. Let integrity and uprightness guard me, for my hope is in You.
22. Redeem Israel, O God, from all its afflictions.
Chapter 26
In this psalm King David inundates God with prayers and acts of piety, because he envies those who are his spiritual superiors, saying, "If only I were on their level of piety and virtue!"
1. By David. Judge me, O Lord, for in my innocence I have walked, and in the Lord I have trusted-I shall not falter.
2. Try me, O Lord, and test me; refine my mind and heart.
3. For Your kindness is before my eyes, and I have walked constantly in Your truth.
4. I did not sit with men of falsehood, and with hypocrites I will not mingle.
5. I detested the company of evildoers, and with the wicked I will not sit.
6. I wash my hands in purity, and circle Your altar, O Lord,
7. to give voice to thanks, and to recount all Your wonders.
8. I love the shelter of Your House, O Lord, and the place where Your glory resides.
9. Gather not in my soul with sinners, nor my life with men of bloodshed,
10. In whose hands are schemes, and whose right hand is filled with bribes.
11. But I walk in my innocence; redeem me and show me favor.
12. My foot stands on level ground; in assemblies I will bless the Lord.
Chapter 27
King David acknowledges and praises God, placing his trust in Him because of his victories in war. "Nevertheless, it is not wars that I desire, for I cannot gain perfection with them. Only one thing do I ask: to abide day and night in the study hall studying Torah, to gain perfection so that my soul may merit the life of the World to Come."
1. By David. The Lord is my light and my salvation-whom shall I fear? The Lord is the strength of my life-whom shall I dread?
2. When evildoers approached me to devour my flesh, my oppressors and my foes, they stumbled and fell.
3. If an army were to beleaguer me, my heart would not fear; if war were to arise against me, in this I trust
1
4. One thing I have asked of the Lord, this I seek: that I may dwell in the House of the Lord all the days of my life, to behold the pleasantness of the Lord, and to visit His Sanctuary.
5. For He will hide me in His tabernacle on a day of adversity; He will conceal me in the hidden places of His tent; He will lift me upon a rock.
6. And then my head will be raised above my enemies around me, and I will offer in His tabernacle sacrifices of jubilation; I will sing and chant to the Lord.
7. Lord, hear my voice as I call; be gracious to me and answer me.
8. In Your behalf my heart says, "Seek My countenance"; Your countenance, Lord, I seek.
9. Do not conceal Your countenance from me; do not cast aside Your servant in wrath. You have been my help; do not abandon me nor forsake me, God of my deliverance.
10. Though my father and mother have forsaken me, the Lord has taken me in.
11. Lord, teach me Your way and lead me in the path of righteousness, because of my watchful enemies.
12. Do not give me over to the will of my oppressors, for there have risen against me false witnesses, and they speak evil.
13. [They would have crushed me] had I not believed that I would see the goodness of the Lord in the land of the living.
14. Hope in the Lord, be strong and let your heart be valiant, and hope in the Lord.
Chapter 28
A prayer for every individual, entreating God to assist him in walking the good path, to prevent him from walking with the wicked doers of evil, and that He repay the wicked for their wickedness and the righteous for their righteousness.
1. By David. I call to You, O Lord; my Strength, do not be deaf to me; for should You be silent to me, I will be like those who descend to the pit.
2. Hear the sound of my pleas when I cry out to You, when I raise my hands toward Your holy Sanctuary.
3. Do not draw me along with the wicked, with evildoers who speak of peace with their companions, though evil is in their heart.
4. Give them according to their deeds, and the evil of their endeavors; give them according to their handiwork, render to them their just deserts.
5. For they pay no heed to the acts of the Lord, nor to the work of His hands; may He destroy them and not rebuild them.
6. Blessed is the Lord, for He has heard the voice of my pleas.
7. The Lord is my strength and my shield; in Him my heart trusted and I was helped; my heart exulted, and with my song I praised Him.
8. The Lord is a strength to them; He is a stronghold of deliverance to His anointed.
9. Grant salvation to Your people and bless Your heritage; tend them and exalt them forever.
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Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, 4 Kislev, 5775 • 26 November 2014
Kuntres Acharon, middle of Essay 4
The performance of mitzvot, however, as the Alter Rebbe will now explain, connects a Jew with the essence of Divinity. When he holds an etrog together with the other three kinds of vegetation and fulfills the mitzvah of the “Four Species” on Sukkot, he is holding on to the essence of Divinity. And so too with regard to all the practical mitzvot.
מה שאין כן מעשה המצות, מעשה אלקים המה הנה
But as to the performance of mitzvot, these are the works of G‑d, unlike other worldly actions, from which Divinity is utterly concealed. The Alter Rebbe now explains how this comes about:
בדרך השתלשלות מכלים דאצילות לבריאה יצירה עשיה, ממהותן ועצמותן דחיצוניותן
In the process of the chain of descent from the vessels of Atzilut to Beriah, Yetzirah and Asiyah, for the vessels of Atzilut that descend into these worlds are the Divinity of these worlds, from the very nature and essence of their external aspect —
כמו, על דרך משל, אתרוג ומיניו
as, for example, within the etrog and its “kinds” —
הלביש בהן הקב״ה ממהותן ועצמותן דחסדים [פנימית] [פנימים] דז״א
the Holy One, blessed be He, clothed something of the very nature and essence of the [1internal] attributes of Kindness of Za,
והיינו מבחינת חיצוניותן
meaning from their outward state, from the external aspect of these internal attributes,
כנודע בכל מצות מעשיות
as is known in the case of all mitzvot requiring action.
מה שאין כן האדם
Man, by contrast, who by means of his intellect or spiritual emotions can attain intellectually-generated love and fear,
אפילו יש לו נשמה דאצילות
even if he possesses a soul of Atzilut,
מאחר שמלובשת בגוף
yet since it is clothed in a body,
לא יוכל למצוא בנפשו ולהשיג מהותן ועצמותן של פנימית החסדים דז״א דאצילות
cannot detect and apprehend through2 his soul the nature and essence of the inward attributes of Kindness of Za of Atzilut.
(כי האצילות היא בחינת חיה בכללות העולמות, אצילות בריאה יצירה עשיה
(3For in general terms Atzilut represents the state of Chayah in the Four Worlds of Atzilut, Beriah, Yetzirah and Asiyah,
Specifically, each of the Four Worlds possesses all four soullevels of Nefesh, Ruach, Neshamah and Chayah. In a general sense, however, each of these Four Worlds corresponds to one of these levels. Asiyah corresponds to Nefesh; Yetzirah — to Ruach; Beriah — to Neshamah; and Atzilut corresponds to Chayah.
שהיא בחינת מקיף מלמעלה, ואינה מתלבשת בכלי כלל)
and [Chayah] denotes encompassing transcendence, not being vested within any vessel whatever.)
Unlike the soul-level in man called Neshamah, which reflects his power of comprehension, or Ruach, which reflects his spiritual emotions, and so on, each of these soul-levels having their specific “location” within the body, Chayah is a transcendent soul-level that encompasses the individual from above.
So, too, with regard to the worlds, Chayah (paralleled by the World of Atzilut) is the spiritual level that encompasses from above and does not vest itself at all within a vessel. Thus, a person living within a body cannot possibly apprehend the essence of an entity at the level of Atzilut.
כי אם מציאותן, על ידי דחילו ורחימו שכליים
[With regard to the internal attributes of Kindness of Za, man is able to apprehend] only their existence, through intellectually-generated awe and love.
ומה שכתוב: וראית את אחורי, הוא בדרך נבואה דוקא
As to the statement,4 “You shall see my hinderpart” — and seeing penetrates to the essence of a matter — this refers only to prophecy.
(שהוא התפשטות הגשמיות, כמו שכתוב ברעיא מהימנא, פרשת משפטים)
(5For prophecy entails divestment of the physical,6 as explained in Ra’aya Mehemna, Parshat Mishpatim.7)
Thus, Moses’ apprehension of the essence of Divinity resulted from a state of prophecy that entails divestment from the physical. Through other, non-prophetic means, it is impossible for the soul to apprehend the essence of any of the levels of Atzilut.
והטעם, היינו לפי שאי אפשר לנברא להשיג כלום במהות האלקות, שהוא הבורא
This, then, is the reason: No created being is capable of grasping anything whatsoever of the essence of Divinity, the Creator.
ובלי השגה, אין זו הלבשה ותפיסא ודביקות אמיתית
And without comprehension there is no real investiture, or grasping, or cleaving.
Man is thus incapable of truly cleaving to G‑d’s attributes, i.e., the attributes of Atzilut.
In light of the above it is clear that the love and fear of G‑d that a Jew generates through meditation during prayer, grasps and cleaves to no more than the external aspect of the existence of Divinity, and not His essence.
מה שאין כן האתרוג, על דרך משל, חיותו נמשכה ונשתלשלה ממהות חיצוניות דכלים דנוקבא דז״א דאצילות
However, as to the etrog by way of example, its life is drawn and descends from the very essence of the outer aspect of the vessels of nukva of Za of Atzilut,
שהוא בחינת אלקות
which is truly a state of Divinity,
כמו שכתוב בעץ חיים, שכל הפירות הן באצילות
as stated in Etz Chayim,8 that all the fruits are [rooted] in Atzilut.
כי למ״ד כלים דאצילות ירדו לבריאה יצירה עשיה
For the thirty vessels of Atzilut descended into Beriah, Yetzirah and Asiyah in order to become the Divinity of those Worlds
(והן יו״ד מאמרות שבהן נברא העולם
(9and these are the Ten Utterances10 by which the world was created
על ידי התלבשות בנוקבא דעשיה, מהות במהות)
through enclothement in nukva of Asiyah, essence in essence).11
The essence of the vessels of Malchut of Atzilut vests itself in the essence of Malchut of Asiyah, which is the source of all created beings of that world. Included among them are the fruits of that world, such as the etrog.
While the G‑dliness found in other physical matters is concealed, in an object used for a mitzvah it is manifest, as explained in Tanya, ch. 23.
כי הכלים דאצילות נעשו נשמה בעשיה, שהיא בחינת אלקות ממש
For the vessels of Atzilut became the soul of Asiyah, which is actually a state of Divinity.
לפי שבאצילות, איהו וגרמוהי חד, המאציל והנאצל
For in Atzilut12 “He and His vessels are one” — the Emanator (the infinite light) and the emanation (the vessels of Atzilut).
ועל ידי התלבשות מהות הנשמה במהות הכלים דנוקבא דעשיה, נתהוה האתרוג
And through the enclothement of the essence of the soul [of the vessels of Atzilut] in the essence of the vessels of nukva (i.e., Malchut) of Asiyah, the etrog came into being.
נמצא כשתופס האתרוג ומנענעו כהלכתו
The result is that in holding the etrog and waving it as the law requires,
הרי זה תופס ממש חיותו המלובש בו מנוקבא דאצילות
one is actually holding the life-force which is clothed within it and which derives from the nukva (i.e., Malchut) of Atzilut,
המיוחדת באור אין סוף, המאציל ברוך הוא
and [Malchut] is united with the [infinite] Ein Sof-light, the Emanator of Atzilut, blessed be He.
But is this not also the case when one holds any other fruit, where no mitzvah is involved?
The answer is, as previously explained, that in other physical objects the G‑dly life-force is concealed, whereas it is revealed in objects used for a mitzvah, for these are the “works of G‑d.”
מה שאין כן בכוונתו
This is not the case concerning one’s intention while performing the mitzvah of the etrog.
אינו משיג ותופס, אף היודע הסוד, אלא מציאותה ולא מהותה
Here, even if he is familiar with the mystical [Kabbalistic and chassidic] meanings involved, he does not grasp and hold on to the essence (of Malchut of Atzilut, the source of the etrog), but only to the external fact of its mere existence.
This is entirely unlike holding a physical etrog and performing the mitzvah with it, at which time one grasps the essence of the physical etrog together with its source in Divinity.
אך בלימוד הלכות אתרוג, משיג ותופס האתרוג ממש ומצותו כהלכה, בבחינת דבור ומחשבה
However, by studying the laws of the etrog one does attain and grasp the etrog proper and its mitzvah appropriately, by speech and thought.
For here he is articulating or understanding or thinking about the laws of the physical etrog, whose essence he can grasp, and not its spiritual intent in the heavenly realms.
וכל שכן, הלומד הסוד
Even more so, he who studies the esoteric dimension of the mitzvah of the etrog according to the teachings of the Kabbalah and Chassidut.
For here, too, we are speaking of the esoteric dimension of the physical etrog, whose essence he can comprehend, and not of the spiritual intentions of the mitzvah or, yet higher, the relevant configurations of Sefirot in the World of Atzilut.
* * *
FOOTNOTES
1. The brackets are in the original text.
2. The Rebbe explains that here the prefix ב in בנפשו does not mean “in his soul,” but “through his soul” (as in the verse, ויקח בידו — “He took by means of his hand”).
3. The parentheses are in the original text.
4. Shmot 33:22.
5. The parentheses are in the original text.
6. Note of the Rebbe: “Cf. the Alter Rebbe’s Shulchan Aruch, Orach Chayim, beginning of sec. 98; Hilchot Talmud Torah 4:9.”
7. Note of the Rebbe: “Possibly the intent is p. 116b ff.”
8. Note of the Rebbe: “At its conclusion. This requires some examination, for there the text makes a point of enumerating seven [species].”
9. The parentheses are in the original text.
10. Avot 5:1.
11. The closing parenthesis has been relocated according to the Table of Glosses and Emendations.
12. See Iggeret HaKodesh, beginning of Epistle 20 (above).
____________________________
Rambam:
Daily Mitzvah N317, P178 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 4 Kislev, 5775 • 26 November 2014
Negative Commandment 317 (Digest)
Cursing One's Fellow
"You shall not curse the deaf"—Leviticus 19:14.
It is forbidden to curse any Jewish person.
Why then does the Torah specifically prohibit cursing the deaf?
When a person is angered, the measures the person will take to quiet his anger depends on the severity of the (perceived) offense. Sometimes, he will suffice with cursing and shaming the offender. For a greater offense, the person will not be satisfied until he destroys all the offender's property, or actually hurts or injures the individual. For the greatest of offenses, the victim's fury will not be placated until he kills the one who hurt him.
Then there's the smallest of angers. One that can be assuaged merely by cursing the offender—even while not in his presence, even if the offender will never become aware of the cursing.
By commanding us not to curse (even) the deaf, the Torah is telling us that it is forbidden to curse another even not in his presence, and even if he will never find out about the slight.
The reason for this mitzvah is that the Torah is concerned not only with the state of the one being cursed, but also with the state of the one who curses, and wants to ensure that he not become accustomed to harboring angry and vengeful thoughts.
Also included in this prohibition is that one may not even curse oneself.
The 317th prohibition is that we are forbidden from cursing any Jew.
The source of this prohibition is G‑d's statement,1 "You shall not curse the deaf."
I will now explain why only "the deaf" are mentioned.
When a person, in accordance with his impression of the damage he has suffered, is aroused to take revenge against the person who harmed him, he will not rest until he takes revenge to match the damage he feels. Only then will his desire be put to rest and the impression erased from his mind.
Some people will calm down after just cursing and shaming the other person, keeping in mind the extent of damage and shame that they feel is "due" the other person. Sometimes it is more serious, and he won't be calmed until he destroys all the person's possessions, realizing the pain he will cause him through this destruction. At times it is even more serious, and he won't be calmed until he takes physical revenge through beating the person, or causing him loss of limb. Sometimes it could reach the most serious level, when he won't be calmed until he kills the person and nullifies his very existence.
And sometimes the transgression is so small that he doesn't even want to punish the other person. He will be calmed merely by yelling, getting angry at him or cursing him — even [so quietly] that if the person was present he wouldn't hear. It is well known that hot-tempered people will calm down even with this reaction when the offense was very minute, although the other person will not know of his anger nor hear his curse.
We might think that the Torah prohibits cursing a Jew only when he will hear it, because of the shame and pain he feels, but there is nothing wrong with cursing a deaf person, since he doesn't hear it and doesn't feel any pain as a result. The Torah therefore told us that this too is forbidden, because it is concerned not only with the one who is being cursed, but with the one who is uttering the curse. A person is prohibited from gearing himself for revenge and becoming accustomed to getting angry.
We indeed find that our Sages used this verse, "Do not curse the deaf," to prove that it is prohibited to curse any Jew. The Sifra2 says, "This verse speaks only of a deaf person. How do we know that all Jews are included? From the phrase,3 '[A Nasi] of your people do not curse.'4 If so, why does this verse mention specifically the deaf? To teach you that [cursing] the dead is excluded: Just as the deaf are alive, the prohibition likewise includes anyone who is alive." And the Mechilta5 says, "The phrase, 'Do not curse the deaf,' refers to even the most downtrodden human beings."
When we say that this transgression is punishable by lashes, it is only when the curse was uttered using G‑d's Name.6 Even if a person curses himself, he is punished by lashes.
In summary, one who curses a person using G‑d's Name transgresses the prohibition, "Do not curse the deaf." One who curses a judge transgresses two prohibitions and receives two sets of lashes.7 One who curses a Nasi receives three sets of lashes.8 The Mechilta9 says, "The phrase, 'A Nasi of your people [do not curse],' includes both a Nasi and a judge. Why does the Torah also say, 'Do not curse a judge'? To punish the person for each prohibition separately."
From here our Sages said10 that a person could transgress four prohibitions with a single statement: the son of a Nasi who cursed his father. He transgresses the following four prohibitions: cursing his father,11 a judge,12 a Nasi,13 and a Jew.14
We have therefore explained what we set out to do.
The details of this mitzvah are explained in the 4th chapter of tractate Shavuos.15
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 19:14.
2.Kedoshim 2:13.
3.Ex. 22:27.
4.The verse could have simply said, "A Nasi do not curse." The extra words, "of your people," comes to include everyone.
5.Ex. 21:17.
6.Any of the 7 Divine names or even a descriptive name, such as "Merciful One" (Chanun). See Hilchos Sanhedrin 26:3.
7.One for cursing a Jew, and one for cursing a judge.
8.The two above (since a Nasi is also a judge) and for cursing a Nasi.
9.Parshas Mishpatim.
10.Mechilta, ibid.
11.N318.
12.N315.
13.N316.
14.N317.
15.35a.
________________________________________
Positive Commandment 178 (Digest)
Giving Evidence
"And he is witness, whether he has seen or known of it"—Leviticus 5:1.
We are commanded to testify before the judges regarding matters we are aware of, whether we actually saw an event or heard about it. This is true regardless whether the testimony will cause financial loss for the person regarding whom we testify, or whether the testimony can save a person or his possessions.
One who refrains from giving evidence, is guilty of a grave sin.
The 178th mitzvah is that we are commanded to testify before judges regarding any information we might have. Regardless of whether it will cause damage to the subject of the testimony or save him monetarily or physically, we are required to testify and notify the judges of whatever we have seen or heard.
Our Sages proved that it is required to give testimony from G‑d's statement1 (exalted be He), "If he was a witness who saw or knew [something, if he does not testify, he must bear his guilt]."
One who transgresses this mitzvah by withholding testimony is guilty of a grave sin, as G‑d said2 (exalted be He), "If he does not testify, he must bear his guilt." This is in general. But if he withheld testimony in a financial dispute, and swore falsely that he knew no testimony, he must bring a korban oleh v'yored, as described in Scripture3 in accordance with the conditions given in tractate Shavuos.4
The details of this mitzvah are explained in tractates Sanhedrin5 and Shavuos.6
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 5:1.
2.Ibid.
3.Ibid. 5:5-10. See P72.
4.4:1.
5.37b.
6.30a.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
Daily Mitzvah N317, P178 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 4 Kislev, 5775 • 26 November 2014
Negative Commandment 317 (Digest)
Cursing One's Fellow
"You shall not curse the deaf"—Leviticus 19:14.
It is forbidden to curse any Jewish person.
Why then does the Torah specifically prohibit cursing the deaf?
When a person is angered, the measures the person will take to quiet his anger depends on the severity of the (perceived) offense. Sometimes, he will suffice with cursing and shaming the offender. For a greater offense, the person will not be satisfied until he destroys all the offender's property, or actually hurts or injures the individual. For the greatest of offenses, the victim's fury will not be placated until he kills the one who hurt him.
Then there's the smallest of angers. One that can be assuaged merely by cursing the offender—even while not in his presence, even if the offender will never become aware of the cursing.
By commanding us not to curse (even) the deaf, the Torah is telling us that it is forbidden to curse another even not in his presence, and even if he will never find out about the slight.
The reason for this mitzvah is that the Torah is concerned not only with the state of the one being cursed, but also with the state of the one who curses, and wants to ensure that he not become accustomed to harboring angry and vengeful thoughts.
Also included in this prohibition is that one may not even curse oneself.
The 317th prohibition is that we are forbidden from cursing any Jew.
The source of this prohibition is G‑d's statement,1 "You shall not curse the deaf."
I will now explain why only "the deaf" are mentioned.
When a person, in accordance with his impression of the damage he has suffered, is aroused to take revenge against the person who harmed him, he will not rest until he takes revenge to match the damage he feels. Only then will his desire be put to rest and the impression erased from his mind.
Some people will calm down after just cursing and shaming the other person, keeping in mind the extent of damage and shame that they feel is "due" the other person. Sometimes it is more serious, and he won't be calmed until he destroys all the person's possessions, realizing the pain he will cause him through this destruction. At times it is even more serious, and he won't be calmed until he takes physical revenge through beating the person, or causing him loss of limb. Sometimes it could reach the most serious level, when he won't be calmed until he kills the person and nullifies his very existence.
And sometimes the transgression is so small that he doesn't even want to punish the other person. He will be calmed merely by yelling, getting angry at him or cursing him — even [so quietly] that if the person was present he wouldn't hear. It is well known that hot-tempered people will calm down even with this reaction when the offense was very minute, although the other person will not know of his anger nor hear his curse.
We might think that the Torah prohibits cursing a Jew only when he will hear it, because of the shame and pain he feels, but there is nothing wrong with cursing a deaf person, since he doesn't hear it and doesn't feel any pain as a result. The Torah therefore told us that this too is forbidden, because it is concerned not only with the one who is being cursed, but with the one who is uttering the curse. A person is prohibited from gearing himself for revenge and becoming accustomed to getting angry.
We indeed find that our Sages used this verse, "Do not curse the deaf," to prove that it is prohibited to curse any Jew. The Sifra2 says, "This verse speaks only of a deaf person. How do we know that all Jews are included? From the phrase,3 '[A Nasi] of your people do not curse.'4 If so, why does this verse mention specifically the deaf? To teach you that [cursing] the dead is excluded: Just as the deaf are alive, the prohibition likewise includes anyone who is alive." And the Mechilta5 says, "The phrase, 'Do not curse the deaf,' refers to even the most downtrodden human beings."
When we say that this transgression is punishable by lashes, it is only when the curse was uttered using G‑d's Name.6 Even if a person curses himself, he is punished by lashes.
In summary, one who curses a person using G‑d's Name transgresses the prohibition, "Do not curse the deaf." One who curses a judge transgresses two prohibitions and receives two sets of lashes.7 One who curses a Nasi receives three sets of lashes.8 The Mechilta9 says, "The phrase, 'A Nasi of your people [do not curse],' includes both a Nasi and a judge. Why does the Torah also say, 'Do not curse a judge'? To punish the person for each prohibition separately."
From here our Sages said10 that a person could transgress four prohibitions with a single statement: the son of a Nasi who cursed his father. He transgresses the following four prohibitions: cursing his father,11 a judge,12 a Nasi,13 and a Jew.14
We have therefore explained what we set out to do.
The details of this mitzvah are explained in the 4th chapter of tractate Shavuos.15
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 19:14.
2.Kedoshim 2:13.
3.Ex. 22:27.
4.The verse could have simply said, "A Nasi do not curse." The extra words, "of your people," comes to include everyone.
5.Ex. 21:17.
6.Any of the 7 Divine names or even a descriptive name, such as "Merciful One" (Chanun). See Hilchos Sanhedrin 26:3.
7.One for cursing a Jew, and one for cursing a judge.
8.The two above (since a Nasi is also a judge) and for cursing a Nasi.
9.Parshas Mishpatim.
10.Mechilta, ibid.
11.N318.
12.N315.
13.N316.
14.N317.
15.35a.
________________________________________
Positive Commandment 178 (Digest)
Giving Evidence
"And he is witness, whether he has seen or known of it"—Leviticus 5:1.
We are commanded to testify before the judges regarding matters we are aware of, whether we actually saw an event or heard about it. This is true regardless whether the testimony will cause financial loss for the person regarding whom we testify, or whether the testimony can save a person or his possessions.
One who refrains from giving evidence, is guilty of a grave sin.
The 178th mitzvah is that we are commanded to testify before judges regarding any information we might have. Regardless of whether it will cause damage to the subject of the testimony or save him monetarily or physically, we are required to testify and notify the judges of whatever we have seen or heard.
Our Sages proved that it is required to give testimony from G‑d's statement1 (exalted be He), "If he was a witness who saw or knew [something, if he does not testify, he must bear his guilt]."
One who transgresses this mitzvah by withholding testimony is guilty of a grave sin, as G‑d said2 (exalted be He), "If he does not testify, he must bear his guilt." This is in general. But if he withheld testimony in a financial dispute, and swore falsely that he knew no testimony, he must bring a korban oleh v'yored, as described in Scripture3 in accordance with the conditions given in tractate Shavuos.4
The details of this mitzvah are explained in tractates Sanhedrin5 and Shavuos.6
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 5:1.
2.Ibid.
3.Ibid. 5:5-10. See P72.
4.4:1.
5.37b.
6.30a.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
________________________________________
Rambam:
• 1 Chapter a Day: Avel - Chapter 8Avel - Chapter 8
Halacha 1
A mourner is obligated to rend his garments for his dead, as can be derived from Leviticus 10:6: "Do not rend your garments lest you die." Implied is that others must rend their garments.
One must rend one's garments only while standing, as II Samuel 13:31 states: "And the king stood and rent his garments."
Where does one rend his garment? In front. If one rends his garment from the back or from the sides or from the bottom, he does not fulfill the obligation to rend his garments, with the exception of a High Priest who must rend his garment from the bottom.
Halacha 2
What is the required measure for the tear? A handbreadth. It is not necessary to rip apart the border of the garment. One may rend his garments with a utensil.
One may rend one's garments inside, not in the presence of others. Therefore he may place his hand inside his garment and tear it modestly. He is only obligated to tear his upper garment.
Halacha 3
For the entire seven days of mourning, he keeps the tear in front of him. If he desires to change his garments, he may. He is not required to rend the second garment, for any tear that is not made at the time of emotional excitement, is not a tear.
When does the above apply? With regard to other deceased persons aside from his father and mother. For his father and mother, by contrast, he must rend his garment until he reveals his heart. He must rip apart the border of the garment; he may not tear it with a utensil, and must tear it outside, in the presence of people at large.
He must tear all the garments he is wearing. His underwear - i.e., the garments worn next to his flesh - need not be ripped. If he changes his clothes, he is required to rend them for all seven days. Similarly, for his father and mother, he uncovers his shoulder and takes his forearm out from his garment, revealing his shoulder and his forearm. He passes before the bier in this manner. After his father and his mother are buried, however, he is not required to uncover his shoulder.
Halacha 4
A child's garments should be torn to create sorrow.
When a dangerously ill person loses a close relative, we do not rend his garments, nor do we notify him lest he lose control of his emotions. We silence the women in his presence.
Halacha 5
A person should rend his garments when his father-in-law and mother-in-law dies as an expression of honor for his wife. Similarly, a woman should rend her garments for her father-in-law and mother-in-law as an expression of honor for her husband.
Halacha 6
When a person does not have an outer garment to tear at the time of a person's passing and he obtains a garment within the seven days of mourning, he is obligated to tear it. After seven days, he is not obligated to tear it. For his father and mother, he is obligated to tear it even if he obtains it after the seven days, but within the 30 days.
Whenever a person goes out wearing a torn garment before the dead implying that he tore the garment because of them, he is deceiving people and degrading the honor of the dead and the living.
Halacha 7
When one tells a colleague: "Lend me your cloak so that I can visit my father who is dangerously ill," if, when he visits him, he finds that he died, he should rend the garment, mend it, and return it, reimbursing the owner for the tear. If he does not notify him that he is going to visit a person who is dangerously ill, he should not touch the garment.
Halacha 8
The following rules apply when one has a dangerously ill person in his home, that person faints and he thinks that he has died and hence, he rends his garments, the sick person regains consciousness and then dies. If he dies immediately after the garments are torn, he need not rend his garments again. If he dies after even a short time has past, he must rend his garments again.
Similar concepts apply if someone tells a person that his father died and he therefore rent his garments and then it was discovered that his son died or if someone told him that a person close to him died, he thought it was his father and rent his garments and then he discovered that it was his son. If he realized the true situation immediately afterwards, he fulfilled the obligation to rend his garments. If he did not realize this until afterwards, he did not fulfill his obligation and is obligated to rend his garments again.
Halacha 9
When many close relatives die at once, a person should rend his garments once for all of them. If his father or mother are among them, he should rend his garments once for all the others, and once for his father or mother.
Halacha 10
The following rules apply when a person's close relative dies, he rends his garments because of him and then another close relative dies. If the second relative dies within the seven days of mourning, he should tear his garments again. If it is after the seven days, he need only add the slightest amount to the original tear.
If a third close relative dies after the seven days of mourning for the second, again, he need only add the slightest amount to the original tear. And he can continue in this manner until he reaches his navel. Once he reaches his navel, he should distance himself at least three thumbbreadths and rend the garment again.
When the garment is entirely torn in front, he may turn it around. When its upper portion is entirely torn, he may make the bottom the top.
If he was told: "Your father died," and he rent his garments and after the seven days of mourning, his son died and he extended the tear, he may mend the lower tear, but not the upper tear as will be explained. If he was told: "Your son died," and he rent his garments and after the seven days of mourning, his father died, he may not merely extend the tear. Instead, he must make a new tear. For extending a tear is not sufficient for his father and mother.
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Rambam:
• 3 Chapters a Day: Sanhedrin veha`Onashin haMesurin lahem - Chapter 25, Sanhedrin veha`Onashin haMesurin lahem - Chapter 26, Edut - Chapter 1
Sanhedrin veha`Onashin haMesurin lahem - Chapter 25
Halacha 1
It is forbidden for a judge to assert himself in a lordly and haughty manner over his community. Instead, he should conduct himself with humility and awe. Any leader who casts unnecessary fear upon the community not for the sake of heaven will be punished. And he will not see a son who is a Torah scholar, as implied by a non-literal reading of Job 37:24: "Therefore people fear him - he will never see anyone with a wise heart."
Halacha 2
Similarly, a judge may not treat them with capriciousness even though they are common people. He should not step over the heads of the holy people. Even though they are simple people and lowly, they are the descendants of Abraham, Isaac, and Jacob and the hosts of God whom He led out of Egypt with great power and a strong hand. He should patiently bear the difficulty of the community and their burden like Moses our teacher, as Numbers 11:12 states concerning him: "As a nursemaid will carry an infant." And Deuteronomy 1:16 states: "And I commanded your judges." This is a admonition to the judges to bear the community like a nursemaid carries an infant.
Take an example from Moses, the master of all prophets whom the Holy One, blessed be He, sent to Egypt, about whom Exodus 6:12 states: "And I commanded them concerning the children of Israel." The Oral Tradition relates that God told Moses and Aaron to accept this mission even though the people would curse them and stone them.
Halacha 3
Just as a judge is commanded to fulfill this mitzvah; so, too, the community is commanded to show honor to a judge, as Deuteronomy 1:18 states: "And I commanded you...." This is a command to the community that they should treat a judge with awe. He should not act in a demeaning manner in their presence, nor should he conduct himself in a frivolous manner.
Halacha 4
When a person is given a position of leadership over the community, he is forbidden to perform work in the presence of three people, lest he be demeaned in their eyes. Now if performing work in public is forbidden to him, certainly, it is forbidden for him to eat and drink or to become intoxicated in the presence of people at large and in the gatherings of the common people and in friendly get-togethers. Woe to those judges who conduct themselves in this manner, disgracing the Torah of Moses. They debase its judgments and lower them to the earth, casting them in the dust, bringing about harm to them and their descendants in this world and in the world to come.
Halacha 5
It is forbidden to conduct oneself capriciously in relation to the agent sent by the court. For the word of the court's agent is accepted as that of two witnesses with regard to the question of ostracism. Were he to say: "So-and-so disgraced me," "...disgraced the judge," or "...refused to appear in court," that person is ostracized on the basis of his statements. We do not, however, have a document recording the ban of ostracism composed until two witness come and testify that he refused to appear in the court.
Halacha 6
An agent of the court is not liable for relating unfavorable gossip for telling the court about these matters. Whenever anyone causes aggravation to the agent of the court, the court has the license to have "stripes for rebellious conduct" administered to him.
Halacha 7
When the agent of the court orders a person to appear in court, saying: "So-and-so sent me," and mentioning the name of only one of the judges, a document declaring his ostracism cannot be composed against the litigant unless the agent summons him in the name of all three judges.
When does the above apply? When the agent went and conveyed this message on a day on which it was not known that the court to hold session. On a day on which it is known to hold session, by contrast, everyone knows that all of the judges gather together. Even though the agent came and conveyed the message in the name of only one judge, it is as if he came in the name of all three.
Halacha 8
When a person is summoned by the court and does not appear in court, a ban of ostracism is pronounced against him. This ban is recorded in a legal document; he is liable to pay the fee of the scribe who composes the document. When he comes to court, this document is torn.
If such a document was composed because a litigant did not accept a judgment, it may be torn up when he states that he is willing to accept it. When a court summons a litigant to appear on a certain day and he does not appear at all that day, a document recording the ban of ostracism is composed that evening.
When does the above apply? When he lived in the city and stubbornly refused to come. If, however, he lived in the outlying villages and would go in and go out from the city at times, we summon him to appear in court on Monday, Thursday, and the following Monday. If the second Monday passes without him appearing, we do not compose a ban of ostracism until the following day.
Halacha 9
We do not summon a person to court during the month of Nissan, nor during the month of Tishrei, because the people are occupied with the preparations for the festivals. Nor is a summons issued for Friday, or for the day preceding a festival. We do, however, issue a summons in Nissan, for him to appear after Nissan, and a summons in Tishrei, for him to appear after Tishrei. We do not, however, issue a summons on Friday for a litigant to appear after the Sabbath. The rationale is that everyone is busy on Friday.
10 When a person was located in a city and the agent of the court went to summon him, but could not find him, a court date is not set until the agent finds him and conveys this information.
Different rules apply if he lives in a village outside the city. If he is accustomed to coming on that day, the agent may tell one of his neighbors, even a woman: "If so-and-so comes, inform him that the court summoned him to appear at this time." If he does not come that day, he is placed under a ban of ostracism that evening.
When does the above apply? When the way which he is wont to follow does not pass the place of the court. If, however, his path passes the court, he is not placed under a ban of ostracism until the agent notifies him himself. For perhaps the neighbors will not notify him. For they will rationalize: "His path passes past the entrance to the court. Certainly, he visited them and was released." Similarly, if he will not come into the city until the following day, we do not rely on the neighbors, for perhaps they will forget and fail to notify him.
Halacha 11
The following laws apply when a person comes to the court and accepts the judgment issued against him, he is told to make financial restitution, but does not do so. He is not placed under a ban of ostracism until he is given a warning on Monday, Thursday, and the following Monday. If he does not pay by that time, he is placed under a ban of ostracism until he pays what he is liable. If he waits 30 days and does not seek to have the ban of ostracism lifted, he is excommunicated.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 26
Halacha 1
Anyone who curses one of the judges of Israel transgresses a negative commandment, as Exodus 22:27 states: "Do not curse a judge." Similarly, if a person curses a nasi, whether the head of the Supreme Sanhedrin or a king, he transgresses a negative commandment, as the verse continues: "Do not curse a prince among your nation."
This prohibition does not apply only to a judge or a nasi. Instead, anyone who curses any other Jew receives lashes, as Leviticus 19:14 states: "Do not curse a deaf-mute." Why does the verse mention a deaf-mute? To teach you that even when a person who cannot hear and thus will not be bothered by being cursed, the person pronouncing the curse is lashed. It appears to me that a person who curses a child who is embarrassed receives lashes; the child resembles a deaf-mute.
Halacha 2
A person who curses a deceased person is not liable.
Since a person who curses any Jewish person is liable, why did the Torah set aside a special prohibition for a judge and for a nasi? For the person to be liable for two transgressions. Thus we learn that a person who curses any Jew, whether a man, woman, or child receives one set of lashes. If he curses a judge, he receives two sets of lashes. If he curses a nasi, he receives three sets of lashes. And if the son of a nasi curses his father, he is liable for four transgression, the three for which all others are liable and one for cursing his father.
Halacha 3
A person who curses himself receives lashes just as one who curses others, as Deuteronomy 4:9 states: "Take heed and guard your soul."
Whether a person curses himself, a colleague, a nasi, or a judge, he does not receive lashes unless he curses using one of God's names: Yaw, Elohim, Shaddai, or the like, or with one of the descriptive terms used to characterize God, e.g., the Merciful One, the Vengeful One, or the like. Since a person is liable if he cursed a colleague with any of these descriptive terms, he is also liable if he cursed him in any other language. For the names with which the gentiles refer to the Holy One, blessed be He, are comparable to all of these descriptive terms.
The term arur ("cursed") can imply an oath, a curse, and a ban of ostracism.
Halacha 4
A person is not punished by lashing unless he is given a warning in the presence of two witnesses as applies with regard to the transgression of any other negative commandment. If, however, a warning was not issued, a curse was uttered without mentioned God's name or a descriptive term, e.g., he said merely: "Cursed be so-and-so," the curse was uttered indirectly, e.g., he said: "May so-and-so not be blessed unto God," or "May God not bless so-and-so," or the like, he is not lashed.
Halacha 5
Even though he is not lashed, a person who curses a Torah scholar is placed under a ban of ostracism. And if the judges desire to have "stripes for rebellious conduct" administered to him, they can have him beaten and punished as they see fit, for he disgraced a learned elder.
If he denounces a common person, the judges may punish him as they see necessary according to the needs of the situation, depending on the person who gave the verbal abuse and the one who receives it.
Halacha 6
Although a judge or a nasi has the right to look past affronts to his honor, he cannot look past being cursed. Similarly, with regard to other people, even though the person who was cursed is prepared to look past the matter, the person who uttered the curse is lashed, for he committed a transgression and incurred liability.
If, however, a person is obligated to be placed under a ban of ostracism, because he conducted himself in an unbridled manner in court, and the judges desire to look past the affront to their honor and not impose a ban of ostracism, they have that license, provided it will not lead to a decline in the honor of the Creator. For example, people at large were repudiating the words of the Torah and the judges. Since the people overstepped the bounds, the court must act firmly and punish as they see necessary.
Halacha 7
When any person has a judgment adjudicated by gentile judges and their courts, he is considered a wicked person. It is as if he disgraced, blasphemed, and lifted up his hand against the Torah of Moses our teacher. This applies even if their laws are the same as the laws of the Jewish people. This is indicated by Exodus 21:1: "These are the judgments that you shall place before them." "Before them" and not before gentiles; "before them" and not before ordinary people.
The following procedure should be carried out if the gentiles have a powerful law enforcement system and the opposing litigant is a stubborn and powerful person from whom one cannot expropriate property through the judicial system of the Jewish people. One should summon him before the Jewish judges first. If he did not desire to come, one may receive license from the court and salvage one's property from the litigant by having the case tried in a gentile court.
Edut - Chapter 1
Hilchot Edut - The Laws of Witnesses
These laws contain 8 mitzvot: Three positive commandments and five negative commandments. They are:
1. For a person who knows testimony to testify in court,
2. To question and interrogate the witnesses,
3. For a witness who testified in a case involving capital punishment not to serve as a judge,
4. Not to carry out a judgment based on the testimony of one witness,
5. Not to accept a person who is a transgressor as a witness,
6. Not to accept a relative as a witness,
7. Not to testify falsely,
8. To punish an ed zomaim in the manner he wished to have the defendant punished,
The explanation of these mitzvot is found in the coming chapters.
Halacha 1
A witness is commanded to testify in court with regard to all pertinent testimony that he knows. This applies both to testimony that will cause his colleague to be held liable or testimony that will vindicate him. With regard to financial cases, this applies only when he is summoned to testify. The source for this commandment is Leviticus 5:1: "And should he witness, see, or know of the matter, if he does not testify, he will bear his sin."
Halacha 2
If the witness was a wise man of great stature and the judges of the court did not possess the same degree of wisdom, he may refrain from testifying. The rationale is that it is not becoming to his dignity for him to go to testify before them. Hence, the positive commandment of honoring the Torah takes precedence.
When does the above apply? With regard to testimony concerning financial matters. With regard to testimony that safeguards a person from a prohibition, by contrast, or testimony in cases involving capital punishment or lashes, he must go and testify. This is derived from Proverbs 21:30: "There is no wisdom or understanding... before God." Implied is that whenever the desecration of God's name is involved, honor is not granted to a master.
Halacha 3
A High Priest is not obligated to testify. An exception is made only with regard to matters involving a king. In such an instance, he should go to the High Court and testify. With regard to other testimony, he is not obligated.
Halacha 4
It is a positive commandment to question the witness and to interrogate them, asking many questions and weighing their replies exactingly. They should divert their attention from one matter to another while questioning them, so that they will refrain from speaking or retract their testimony if there appear to be flaws in it, as Deuteronomy 13:15 states: "And you shall inquire and research thoroughly."
The judges must show extreme care when questioning the witnesses, lest from their questions the witnesses learn to lie. They ask them seven questions:
a) In which seven year cycle the event occurred?
b) In which year?
c) In which month?
d) On which day of the month?
e) On which day of the week?
f) At what time?
g) In which place?
Even if a witness says: "He killed him today," or "He killed him yesterday," we ask him all the above questions. In addition to these seven questions which are asked universally, the judges inquire into the fundamental issues involved. For example, if the witnesses testify that a person worshipped false deities, the judges ask them: "Which deity did he worship?" "What service did he perform?" If they testified that he desecrated the Sabbath, the judges ask them: "Which forbidden labor did he perform?" "How did he perform it?" If they testify that he ate on Yom Kippur, the judges ask them: "Which food did he eat?" "How much did he eat?" If they testified that he killed someone, the judges ask them: "With what did he kill him?" Inquiries of this type are considered as fundamental questions (chakirot).
Halacha 5
The derishot and the chakirot involve the matters that constitute the essence of the testimony. On their basis, the person will either be held liable or released. They include defining the deed that was performed, the time when it was performed, and the place where it was performed. On these basis, the testify of the witnesses will or will not be refuted through hazamah. For we cannot refute the testimony of the witnesses unless they define the time and place of the deed involved.
Halacha 6
In addition, the judges question the witnesses exceedingly with regard to matters that do not involve the fundamental aspects of the testimony and their testimony is not dependent on them. These questions are called bedikot. The more a judge questions the witnesses with bedikot, the more praiseworthy it is.
What are examples of bedikot? Witnesses testified that a person killed a colleague. The witnesses were questioned with the seven chakirot which we mentioned which define the time and the place of the act. Similarly, they were interrogated with regard to the deed and they defined the deed and the murder weapon. The judges continue to interrogate them. They ask: What were the murderer and the victim wearing, white clothes or black clothes? Was the earth where he was killed white or red? These and similar questions are called bedikot.
An incident once occurred when witnesses stated that a murder took place under a fig tree. The judges questioned the witnesses: "Were the figs black or white?", "Were their stems long or short?" The more a judge questions the witnesses with bedikot like these, the more praiseworthy it is.
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Hayom Yom:
Wednesday, 4 Kislev, 5775 • 26 November 2014
"Today's Day"
Wednesday, Kislev 4, 5704
Torah lessons: Chumash: Chumash: Vayeitsei, Revi'i with Rashi.
Tehillim: 23-28.
Tanya: But the performance (p. 605)...of the law. (p. 607).
With mayim acharonim, wash the fingertips and, while they are still moist, pass them over the lips.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
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Daily Thought:
Childish Delight
The child delights in the simple things of life.
Sometimes that delight could lead in the wrong direction.
But the delight in itself is good.
We need to embrace and nurture the delight
while weaning it from those things unwholesome.[Zot Chanuka 5739, sicha 28.]
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Wednesday, Kislev 4, 5704
Torah lessons: Chumash: Chumash: Vayeitsei, Revi'i with Rashi.
Tehillim: 23-28.
Tanya: But the performance (p. 605)...of the law. (p. 607).
With mayim acharonim, wash the fingertips and, while they are still moist, pass them over the lips.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
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Daily Thought:
Childish Delight
The child delights in the simple things of life.
Sometimes that delight could lead in the wrong direction.
But the delight in itself is good.
We need to embrace and nurture the delight
while weaning it from those things unwholesome.[Zot Chanuka 5739, sicha 28.]
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