Chabad - Today in Judaism - TODAY IS: Monday, 9 Kislev, 5775 • 1 December 2014

Chabad - Today in Judaism - TODAY IS: Monday, 9 Kislev, 5775 • 1 December 2014
Today's Laws & Customs:

Today in Jewish History:
• Birth & Passing of R. Dovber of Lubavitch (1773; 1827) 
Kislev 9 is both the birthday and day of passing of Rabbi DovBer of Lubavitch, son of and successor to the founder of Chabad Chassidism, Rabbi Schneur Zalman·of Liadi. Rabbi DovBer was known for his unique style of "broadening rivers" -- his teachings were the intellectual rivers to his father's wellspring, lending breadth and depth to the principles set down by Rabbi Schneur Zalman.
Born in Li'ozna, White Russia in 1773, Rabbi DovBer was named after Rabbi Schneur Zalman's mentor and teacher, Rabbi DovBer of Mezeritch, who had passed away on Kislev 19 of the previous year. Rabbi DovBer assumed the leadership of Chabad upon his father's passing in 1812. In 1813 he settled in the town of Lubavitch, which was to serve as the movement's headquarters for the next 102 years. In 1826, he was arrested on charges that his teachings threatened the imperial authority of the Czar, but was subsequently exonerated.
Rabbi DovBer passed away on his 54th birthday in 1827, a day before the first anniversary of his liberation (see calendar entries for tomorrow, Kislev 10).
Links: A Precise Life;

Four stories: The Rebbe's Son and the Chassid; Two Against One; Yechidut; Yosef the Wagon Driver
DAILY QUOTE:
[A very high] level of charity is to give to the poor without knowing to whom one gives, and without the recipient knowing from whom he received. For this is performing a mitzvah solely for the sake of Heaven[Mishneh Torah, Laws of Charity, 10:8]
DAILY STUDY:

CHITAS AND RAMBAM FOR TODAY:
Chumash: Vayishlach, 2nd Portion Genesis 32:14-32:30 with Rashi
• Chapter 32
14. So he lodged there on that night, and he took from what came into his hand a gift for his brother Esau: יד. וַיָּלֶן שָׁם בַּלַּיְלָה הַהוּא וַיִּקַּח מִן הַבָּא בְיָדוֹ מִנְחָה לְעֵשָׂו אָחִיו:
what came into his hand: Into his possession. And similarly, (Num. 21:26):“and he took all his land from his possession (מִיָדוֹ) .” [According to the] Midrash Aggadah, “what came into his hand” means precious stones and pearls, which a person binds in a packet and carries in his hand. Another explanation: “what came into his hand” signifies ordinary animals [which have no sanctity], for he had already tithed them, as it is stated:“I will surely tithe to You.” And then he took [animals for] a gift.
הבא בידו: ברשותו, וכן (במדבר כא כו) ויקח את כל ארצו מידו. ומדרש אגדה מן הבא בידו אבנים טובות ומרגליות, שאדם צר בצרור ונושאם בידו. דבר אחר מן הבא בידו מן החולין, שנטל מעשר, כמה דאת אמר (כח כב) עשר אעשרנו לך, והדר לקח מנחה:
15. Two hundred she goats and twenty he goats, two hundred ewes and twenty rams, טו. עִזִּים מָאתַיִם וּתְיָשִׁים עֶשְׂרִים רְחֵלִים מָאתַיִם וְאֵילִים עֶשְׂרִים:
Two hundred she-goats and twenty he-goats: Two hundred she-goats require twenty he-goats, and so all of them, the males according to what are required by the females. In Genesis Rabbah (76:7) the Rabbis derive from here the conjugal duties stated in the Torah: Men of leisure, every day; laborers, twice a week; donkey-drivers, once a week; camel-drivers, once in thirty days; sailors, once in six months. I do not know, however, how this midrash arrives at exactly these requirements. Nevertheless, it appears to me that we learn from here that conjugal duties are not uniform with every person, but according to the burden he must bear, for we find here that he (Jacob) gave each he-goat ten she-goats, and so for each ram. Since they are free from work, they generally mate frequently and [each male] can impregnate ten females, for as soon as an animal conceives, she does not accept a male [and he is compelled to seek another mate]. With the bulls, however, since they are occupied with work, he gave each male only four females, and for a donkey, which goes long distances, two females for a male, and for camels, which go longer distances, one female for a male.
עזים מאתים ותישים עשרים: מאתים עזים צריכות עשרים תישים, וכן כולם, הזכרים כדי צורך הנקבות. ובבראשית רבה (עו ז) דורש מכאן לעונה האמורה בתורה, הטיילים בכל יום, הפועלים שתים בשבת, החמרים אחת בשבת, הגמלים אחת לשלשים יום, הספנים אחת לששה חדשים. ואיני יודע לכוין המדרש הזה בכוון. אך נראה בעיני שלמדנו מכאן שאין העונה שוה בכל אדם אלא לפי טורח המוטל עליו, שמצינו כאן שמסר לכל תיש עשרה עזים, וכן לכל איל, לפי שהם פנוים ממלאכה, דרכן להרבות בתשמיש לעבר עשר נקבות, ובהמה משנתעברה אינה מקבלת זכר, ופרים שעוסקין במלאכה לא מסר לזכר אלא ארבע נקבות, ולחמור שהולך בדרך רחוקה שתי נקבות לזכר, ולגמלים שהולכים דרך יותר רחוקה נקבה אחת לזכר:
16. Thirty nursing camels with their young, forty cows and ten bulls, twenty she donkeys and ten he donkeys. טז. גְּמַלִּים מֵינִיקוֹת וּבְנֵיהֶם שְׁלשִׁים פָּרוֹת אַרְבָּעִים וּפָרִים עֲשָׂרָה אֲתֹנֹת עֶשְׂרִים וַעְיָרִם עֲשָׂרָה:
Thirty nursing camels with their young: Heb. וּבְנֵיהֶם. And their young with them. According to the Midrash Aggadah, the word וּבְנֵיהֶם means בַּנָאֵיהֶם, their builders [those who impregnate them], a male corresponding to a female, but since it (the camel) is discreet in mating, Scripture did not publicize it (Gen. Rabbah 76:7).
גמלים מיניקות שלשים: ובניהם עמהם. ומדרש אגדה ובניהם בנאיהם, זכר כנגד נקבה, ולפי שצנוע בתשמיש לא פרסמו הכתוב:
and…he-donkeys: Heb. וַעְיָרִם, male donkeys.
ועירים: חמורים זכרים:
17. And he gave into the hands of his servants each herd individually, and he said to his servants, "Pass on ahead of me and make a space between one herd and another herd." יז. וַיִּתֵּן בְּיַד עֲבָדָיו עֵדֶר עֵדֶר לְבַדּוֹ וַיֹּאמֶר אֶל עֲבָדָיו עִבְרוּ לְפָנַי וְרֶוַח תָּשִׂימוּ בֵּין עֵדֶר וּבֵין עֵדֶר:
each herd individually: Each species by itself.
עדר עדר לבדו: כל מין ומין לעצמו:
Pass on ahead of me: a day’s journey or less, and I will come after you.
עברו לפני: דרך יום או פחות, ואני אבא אחריכם:
and make a space: One herd before the next [within] the distance the eye can see, in order to satisfy the eye of the wicked man and bewilder him with the enormity of the gift. — [from Gen. Rabbah 76:8]
ורוח תשימו: עדר לפני חבירו מלא עין, כדי להשביע עינו של רשע ולתווהו על רבוי הדורון:
18. And he commanded the first one, saying, "When my brother Esau meets you, and asks you, saying, 'To whom do you belong, and where are you going, and for whom are these before you?' יח. וַיְצַו אֶת הָרִאשׁוֹן לֵאמֹר כִּי יִפְגָשְׁךָ עֵשָׂו אָחִי וּשְׁאֵלְךָ לֵאמֹר לְמִי אַתָּה וְאָנָה תֵלֵךְ וּלְמִי אֵלֶּה לְפָנֶיךָ:
To whom do you belong: Heb. לְמִי. To whom do you belong? Who is sending you? The Targum, therefore, renders: דְמַאן אַתְּ, whose are you?
למי אתה: של מי אתה, מי שולחך, ותרגומו דמאן את:
and for whom are these before you: To whom is this gift being sent? The “lammed” serves at the beginning of the word in lieu of “shel,” “of,” like (above 31:43), “and all that you see is mine” ; it is mine. [Similarly, we find,] (Ps. 24:1): “The land and the fullness thereof are the Lord’s” ; of the Lord.
ולמי אלה לפניך: ואלה שלפניך של מי הם, למי המנחה הזאת שלוחה. למ"ד משמשת בראש התיבה במקום של, כמו (לעיל לא מג) וכל אשר אתה רואה לי הוא, שלי הוא, (תהלים כד א) לה' הארץ ומלואה, של ה':
19. You shall say, '[I belong] to your servant Jacob; it is a gift sent to my master, to Esau, and behold, he himself is behind us.'" יט. וְאָמַרְתָּ לְעַבְדְּךָ לְיַעֲקֹב מִנְחָה הִוא שְׁלוּחָה לַאדֹנִי לְעֵשָׂו וְהִנֵּה גַם הוּא אַחֲרֵינוּ:
You shall say, ‘[I belong] to your servant Jacob…’: He replied first to the first question and last to the last question. [In reference to] what you asked,“To whom do you belong?” [the answer is:] I belong to your servant Jacob, and the Targum renders: דְּעַבְדּ‏ ָדְּיַעִקֹב, of your servant, of Jacob, and [in reference to] what you asked,“and for whom are these before you?” it is a gift sent, etc. — [from Avoth d’Rabbi Nathan, ch. 37]
ואמרת לעבדך ליעקב: על ראשון ראשון ועל אחרון אחרון, ששאלת (פסוק יז - יח) למי אתה, לעבדך ליעקב אני, ותרגומו דעבדך דיעקב, וששאלת (פסוק יז - יח) ולמי אלה לפניך, מנחה היא שלוחה וגו':
and behold, he himself: Jacob.
והנה גם הוא: יעקב:
20. And he commanded also the second one, also the third one, also all those who followed the herds, saying, "In this manner shall you speak to Esau when you meet him. כ. וַיְצַו גַּם אֶת הַשֵּׁנִי גַּם אֶת הַשְּׁלִישִׁי גַּם אֶת כָּל הַהֹלְכִים אַחֲרֵי הָעֲדָרִים לֵאמֹר כַּדָּבָר הַזֶּה תְּדַבְּרוּן אֶל עֵשָׂו בְּמֹצַאֲכֶם אֹתוֹ:
21. And you shall say, 'Also, behold, your servant Jacob is behind us.' " For he said, "I will appease his anger with the gift that is going before me, and afterwards I will see his face, perhaps he will favor me." כא. וַאֲמַרְתֶּם גַּם הִנֵּה עַבְדְּךָ יַעֲקֹב אַחֲרֵינוּ כִּי אָמַר אֲכַפְּרָה פָנָיו בַּמִּנְחָה הַהֹלֶכֶת לְפָנָי וְאַחֲרֵי כֵן אֶרְאֶה פָנָיו אוּלַי יִשָּׂא פָנָי:
I will appease his anger: Heb. אֲכַפְּרָה פָנָיו, I will do away with his anger (Targum Onkelos). Similarly (Isa. 28:18):“And your treaty with death shall be nullified (וְכֻפַּר)” ; (ibid., 47:11)“you shall not be able to rid yourself of it (כַּפְּרָה) .” This is Aramaic, and there are many instances of it in the Talmud, e.g. (B.M. 24a):“and he wiped (וְכָפַר) his hands” ; (Gittin 56a):“He wishes to wipe (לִכְפוּרֵי) His hands on this person.” In biblical Hebrew also, the sacred sprinkling basins are called כְּפוֹרֵי זָהָב (Ezra 1:10) because the priest wipes his hands on them at the edge of the sprinkling basin.
אכפרה פניו: אבטל רוגזו וכן (ישעיה כח יח) וכפר בריתכם את מות, (שם מז יא) לא תוכלו כפרה. ונראה בעיני שכל כפרה שאצל עון וחטא ואצל פנים כולן לשון קנוח והעברה הן, ולשון ארמי הוא הרבה בתלמוד (ב"מ כד א) וכפר ידיה, (גיטין נו א) בעי לכפורי ידיה בההוא גברא, וגם בלשון המקרא נקראים המזרקים של קדש (עזרא א י) כפורי זהב, על שם שהכהן מקנח ידיו בהן בשפת המזרק:
22. So the gift passed on before him, and he lodged that night in the camp. כב. וַתַּעֲבֹר הַמִּנְחָה עַל פָּנָיו וְהוּא לָן בַּלַּיְלָה הַהוּא בַּמַּחֲנֶה:
before him: Heb. עַל-פָּנָיו, lit., on his face, like לְפָנָיו, before him, and similarly (Jer. 6:7):“violence and spoil is heard therein before Me (עַל-פָּנַי) continually,” and so (Isa. 65:3):“who vex Me to My face עַל-פָּנַי.” He (Jacob) too was in an angry mood that he required all this. — [from Gen. Rabbah 75:8]
על פניו: כמו לפניו, וכן (ירמיה ו ז) חמס ושוד ישמע בה על פני תמיד, וכן (ישעיה סה ג) המכעיסים אותי על פני. ומדרש אגדה על פניו אף הוא שרוי בכעס, שהיה צריך לכל זה:
23. And he arose during that night, and he took his two wives and his two maidservants and his eleven children, and he crossed the ford of [the] Jabbok. כג. וַיָּקָם | בַּלַּיְלָה הוּא וַיִּקַּח אֶת שְׁתֵּי נָשָׁיו וְאֶת שְׁתֵּי שִׁפְחֹתָיו וְאֶת אַחַד עָשָׂר יְלָדָיו וַיַּעֲבֹר אֵת מַעֲבַר יַבֹּק:
and his eleven children: But where was Dinah? [Benjamin was not yet born, but Dinah should have been counted.] He put her into a chest and locked her in, so that Esau should not set eyes on her. Therefore, Jacob was punished for withholding her from his brother- [because had he married her,] perhaps she would cause him to improve his ways-and she fell into the hands of Shechem. — [from Gen. Rabbah 75:9]
ואת אחד עשר ילדיו: ודינה היכן היתה, נתנה בתיבה ונעל בפניה שלא יתן בה עשו עיניו, ולכך נענש יעקב שמנעה מאחיו שמא תחזירנו למוטב, ונפלה ביד שכם:
Jabbok: The name of the river.
יבק: שם הנהר:
24. And he took them and brought them across the stream, and he took across what was his. כד. וַיִּקָּחֵם וַיַּעֲבִרֵם אֶת הַנָּחַל וַיַּעֲבֵר אֶת אֲשֶׁר לוֹ:
what was his: The animals and the movables. He made himself like a ferry-man, כְּגַשָׁר, taking from here and depositing there. — [from Gen. Rabbah 75:9]
את אשר לו: הבהמות והמטלטלין, עשה עצמו כגשר, נוטל מכאן ומניח כאן:
25. And Jacob was left alone, and a man wrestled with him until the break of dawn. כה. וַיִּוָּתֵר יַעֲקֹב לְבַדּוֹ וַיֵּאָבֵק אִישׁ עִמּוֹ עַד עֲלוֹת הַשָּׁחַר:
And Jacob was left: He had forgotten small bottles and returned for them. — [from Gen. Rabbah 77:2, Chullin 91a]
ויותר יעקב: שכח פכים קטנים וחזר עליהם:
and a man wrestled: Heb. וַיֵאָבֵק. Menachem (p. 14) explains: And a man became covered with dust, derived from אָבָק, dust, for they were raising dust with their feet through their movements. I believe, however, that it is a term meaning that he attached himself, and it is an Aramaic expression [found in the Talmud] (Sanh. 63b):“After they became attached (דָּאִבִיקוּ) to it,”“and he would tie it (וְאָבִיק לֵיהּ מֵיבַק),” for so is the habit of two people who make strong efforts to throw each other down, that one embraces the other and attaches himself to him with his arms. Our Rabbis explained (Gen. Rabbah 77:3, 78:3) that this was the prince (guardian angel) of Esau.
ויאבק איש: מנחם פירש ויתעפר איש, לשון אבק, שהיו מעלים עפר ברגליהם על ידי נענועם. ולי נראה שהוא לשון ויתקשר, ולשון ארמי הוא, בתר דאביקו ביה, ואבק ליה מיבק, לשון עניבה, שכן דרך שנים שמתעצמים להפיל איש את רעהו שחובקו ואובקו בזרועותיו. ופירשו רבותינו ז"ל שהוא שרו של עשו:
26. When he saw that he could not prevail against him, he touched the socket of his hip, and the socket of Jacob's hip became dislocated as he wrestled with him. כו. וַיַּרְא כִּי לֹא יָכֹל לוֹ וַיִּגַּע בְּכַף יְרֵכוֹ וַתֵּקַע כַּף יֶרֶךְ יַעֲקֹב בְּהֵאָבְקוֹ עִמּוֹ:
he touched the socket of his hip: The upper thigh bone that is thrust into the hip bone is called the כַּף, lit., ladle, because the flesh on it is like a sort of pot ladle.
ויגע בכף יריכו: קולית הירך התקוע בקלבוסית קרוי כף, על שם שהבשר שעליה כמין כף של קדירה:
became dislocated: Heb. וַתִּקַע. It became dislocated from its joint, and similar to this (Jer. 6:8):“lest My soul be alienated (תֵּקַע) from you,” and in the Mishnah: לְקַעִקֵע ַבִּיצָתָן, to tear out their roots. — [from Gen. Rabbah 77:3]
ותקע: נתקעקעה ממקום מחברתה, ודומה לו (ירמיה ו ח) פן תקע נפשי ממך, לשון הסרה. ובמשנה לקעקע ביצתן, לשרש שרשיהן:
27. And he (the angel) said, "Let me go, for dawn is breaking," but he (Jacob) said, "I will not let you go unless you have blessed me." כז. וַיֹּאמֶר שַׁלְּחֵנִי כִּי עָלָה הַשָּׁחַר וַיֹּאמֶר לֹא אֲשַׁלֵּחֲךָ כִּי אִם בֵּרַכְתָּנִי:
for dawn is breaking: And I must recite a song [of praise] (Gen. Rabbah 78:1, Chullin 91a).
כי עלה השחר: וצריך אני לומר שירה ביום:
unless you have blessed me: Acknowledge for me the blessings [with] which my father blessed me, which Esau is contesting.
ברכתני: הודה לי על הברכות שברכני אבי, שעשו מערער עליהם:
28. So he said to him, "What is your name?" and he said, "Jacob." כח. וַיֹּאמֶר אֵלָיו מַה שְּׁמֶךָ וַיֹּאמֶר יַעֲקֹב:
29. And he said, "Your name shall no longer be called Jacob, but Israel, because you have commanding power with [an angel of] God and with men, and you have prevailed." כט. וַיֹּאמֶר לֹא יַעֲקֹב יֵאָמֵר עוֹד שִׁמְךָ כִּי אִם יִשְׂרָאֵל כִּי שָׂרִיתָ עִם אֱלֹהִים וְעִם אֲנָשִׁים וַתּוּכָל:
no… Jacob: It shall no longer be said that the blessings came to you through trickery (עָקְבָה) and deceit, but with nobility and openness, and ultimately, the Holy One, blessed be He, will reveal Himself to you in Beth-el and change your name, and there He will bless you, and I will be there.“ He then acknowledged them (the blessings) as being his (Jacob’s). This is [the meaning of] what is written (Hos. 12:5): ”He strove with an angel and prevailed over him; he wept and supplicated him,“ [meaning that] the angel wept and supplicated him. With what did he supplicate him? ”In Beth-el he will find Him, and there He will speak with us“ (ibid). Wait for me until He speaks with us there. Jacob, however, did not consent, [to release the angel] and, against his (the angel’s) will, he (the angel) acknowledged them (the blessings) as being his (Jacob’s). This is [the meaning of] ”And he blessed him there," that he entreated him to wait, but he did not wish [to do so]. — [from Zohar, vol. 3, 45a]
לא יעקב: לא יאמר עוד שהברכות באו לך בעקבה וברמיה כי אם בשררה ובגלוי פנים, וסופך שהקב"ה נגלה עליך בבית אל ומחליף את שמך, ושם הוא מברכך, ואני שם אהיה ואודה לך עליהן, וזהו שכתוב (הושע יב ה) וישר אל מלאך ויוכל בכה ויתחנן לו, בכה המלאך ויתחנן לו, ומה נתחנן לו (שם) בית אל ימצאנו ושם ידבר עמנו, המתן לי עד שידבר עמנו שם, ולא רצה יעקב, ועל כרחו הודה לו עליהן, וזהו (פסוק ל) ויברך אותו שם, שהיה מתחנן להמתין לו ולא רצה:
and with men: Esau and Laban.
ועם אנשים: עשו ולבן:
and you have prevailed: over them. — [from Targum Jonathan]
ותוכל: להם:
30. And Jacob asked and said, "Now tell me your name," and he said, "Why is it that you ask for my name?" And he blessed him there. ל. וַיִּשְׁאַל יַעֲקֹב וַיֹּאמֶר הַגִּידָה נָּא שְׁמֶךָ וַיֹּאמֶר לָמָּה זֶּה תִּשְׁאַל לִשְׁמִי וַיְבָרֶךְ אֹתוֹ שָׁם:
Why is it that you ask: (Gen. Rabbah 78:4) We have no permanent name. Our names change, (all) according to the service we are commanded [to do] in the mission upon which we are sent.
למה זה תשאל: אין לנו שם קבוע, משתנין שמותינו, הכל לפי מצות עבודת השליחות שאנו משתלחים:
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Daily Tehillim: Psalms Chapters 49 - 54
• Chapter 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot redeem his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they study, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
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Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
Monday, 9 Kislev, 5775 • 1 December 2014
Kuntres Acharon, middle of Essay 4
אך עוד זאת השוה בכל
There is yet another common characteristic1 shared by all the laws of the positive and prohibitory commandments, including those that have no practical application.
כי כל דחילו ורחימו שכליים של המלאכים, הן בחינת נבראים מאין ליש
For (in contradistinction) all intellectually-generated fear and love experienced by the angels are created ex nihilo,
והן בחינת נפש רוח דבריאה יצירה עשיה
and they are the (created levels of) Nefesh and Ruach (and not the G‑dly level of Neshamah) of the Worlds of Beriah, Yetzirah and Asiyah.
Now, if the intellectually-generated awe and love experienced by mortals can likewise not be compared to the study of the laws, why does the Alter Rebbe here choose to speak of angels?
To explain: (a) The love and fear experienced by souls is different from the souls themselves, for souls are not actual created beings; (b) the love and fear experienced by souls is, after all, a mitzvah, while that of the angels is not. Thus the angels’ love and fear better stresses their created aspect, and this enables us to understand that even with regard to souls, the essential aspect of love and fear is a created entity. The laws, by contrast, are G‑dliness.
אבל פרטי ההלכות הן המשכות חכמה עילאה דהמאציל ברוך הוא, המלובשת בגשמיות
However, the detailed laws of the various mitzvot are drawn from the Supreme Wisdom of the Emanator, blessed be He, which is clothed in physicality, within the physical objects to which a particular law applies, such as the law governing the case of2 “he who exchanges a cow for a donkey,” and the like.
והלבשה זו אינה כהלבשת חכמה עילאה בדחילו ורחימו שכליים
This investment of Supreme Wisdom in the physical aspects of the laws is not similar to the investment of Supreme Wisdom in intellectually-generated fear and love,
Supreme Wisdom is actually vested in all things, as is soon to be explained. This is especially so with regard to the love and awe which are aroused by intellectual activity, for the source of all such activity is Supreme Wisdom. In intellectually-aroused love and awe, however, the vestiture takes on a different form.
דהתם הלבוש הוא מעלים ומסתיר לגמרי
for there the garment conceals and completely obscures the Supreme Wisdom that is vested within it,
כהסתר והעלם הארץ החומריית לגבי חכמה עילאה המלובשת בה
just as the material earth thoroughly conceals the Supreme Wisdom clothed within it;
כמו שכתוב: כולם בחכמה עשית
as it is written concerning all created beings,3 “All of them You made with Wisdom.”
Supreme Wisdom is thus vested within all physical things as well, even the earth — which, however, completely conceals it, just as intellectually-aroused love and awe conceal the Supreme Wisdom vested in them.
והיינו, חיצוניות דחיצוניות דכלים דמלכות דאצילות שבעשיה, שהיא מסותרת לגמרי ברוח נפש דעשיה
This [Supreme Wisdom] is the externality of the externality of the vessels of Malchut of Atzilut found in Asiyah, that is absolutely hidden in the Ruach-Nefesh of Asiyah.
Malchut of Atzilut with the externality of the externality of its vessels is wholly concealed in Ruach-Nefesh of Asiyah. Malchut of Atzilut itself, even the externality of the externality of its vessels, belongs to the realm of the Neshamah and of Divinity proper — yet it is entirely hidden within Nefesh-Ruach, which belongs to the realm of created beings.
Since Supreme Wisdom is vested in Malchut of Atzilut, and Malchut of Atzilut illumines Asiyah with its Ten Sefirot, containing as they do the element of Wisdom as well, we thus have Supreme Wisdom entirely concealed within the physical earth.
וכן בבריאה היא מסותרת לגמרי ברוח נפש
So too in Beriah it is completely hidden in the Ruach-Nefesh [of Beriah],
שהם בחינת נבראים בהסתר והעלם הבורא מהנברא
which are beings that are created by the concealment and hiding of the Creator from the created.
We thus have here an element of Supreme Wisdom concealed within intellectually-aroused love and fear, the source of which is the World of Beriah, the realm of comprehension.
FOOTNOTES
1. Note of the Rebbe: “See Or HaTorah, Parshat Shemini, p. 462ff.”
2. Bava Metzia 100a.

3. Tehillim 104:24.
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Rambam: 
Daily Mitzvah N287 Sefer Hamitzvot
Today's Mitzvah
Monday, 9 Kislev, 5775 • 1 December 2014

Negative Commandment 287
Relatives' Testimony
"Fathers shall not be put to death on account of their children; neither shall children be put to death on account of their fathers"—Deuteronomy 24:16.
A judge may not accept testimony from a litigant's close relative—whether the testimony is in support of the litigant or against him.
This law applies to all cases – capital and monetary – and all close relatives. The verse refers specifically to a capital case and the testimony of a father to demonstrate the extent of this mitzvah. For the Torah even forbids accepting the testimony of a father, who presumably loves his child dearly, against his child (or vice versa) in a capital case—though we'd presume that such testimony is eminently credible.
This mitzvah is a supra-rational decree from Above.
Relatives' Testimony
Negative Commandment 287
Translated by Berel Bell
The 287th prohibition is that a judge is forbidden from accepting the testimony of relatives — whether for each other or against each other.
The source of this prohibition is G‑d's statement1 (exalted be He), "Fathers shall not die through their sons, and sons shall not die through their fathers."
The interpretation of this verse is given in the Sifri,2 "Fathers shall not die through the testimony of their sons, and sons shall not die through the testimony of their fathers."
The same law applies to financial cases, but it was said in a capital case to take the most extreme case. One should not reason, "Since this involves the death penalty, the relative's testimony cannot be doubted, and we shall therefore act in accordance with his words. Since his testimony is causing the death of a relative, there is no doubt." To counter this claim the example is brought of the relatives who have the strongest and greatest love for each other — a father for his son and a son for his father. And even when a father testifies against his son, and even if it is to have him executed, we still cannot accept it. This is a decree of the Torah which has no explanation whatsoever. You should understand this well.
The details of this mitzvah are explained in the third chapter3 of tractate Sanhedrin.
FOOTNOTES
1.Deut. 24:16.
2.Parshas Ki Seitzei.
3.27b.

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Rambam:

• 1 Chapter a Day: Avel - Chapter 13
Avel - Chapter 13
Halacha 1
How are mourners comforted? After the deceased is buried, the mourners gather together and stand at the side of the cemetery. All of those who attended the funeral stand around them, line after line. A line may not be less than ten and the mourners are not included in the reckoning.
Halacha 2
The mourners stand at the left side of the comforters and the comforters pass by the mourners one by one and tell them: "May you be comforted from heaven."
Afterwards, the mourner goes home. On each of the seven days of mourning, people come to comfort him. Whether new people come or not, the others still comfort him.
Halacha 3
The mourner sits at the head of the company. The comforters are permitted to sit only on the ground, as Job 2:13 states: "And they sat with him on the ground." They are not permitted to say anything until the mourner opens his mouth first, as it is written (ibid.): "And no one spoke anything to him." And it states (ibid. 3:1, 4:1): "And then Job held forth.... And Eliphaz responded."
Once the mourner shakes his head, the comforters are no longer permitted to sit with him, so that they do not trouble him overly so.
Halacha 4
When a deceased person has no mourners who must be comforted, ten upright men from the community at large come and sit in his place throughout the seven days of mourning. Others gather around them. If there are not ten fixed people who remain throughout the seven days, each day, ten other people are selected and they sit in his place.
Halacha 5
Everyone is obligated to stand in front of a nasi except a mourner and sick person. To all who stand in his presence, he says: "Sit," with the exception of a mourner and sick person, for that would imply: "Remain in your mourning," "Remain in your illness."
Halacha 6
We sweep and we mop in a mourner's home. We wash plates, cups, pitchers, and bottles, and light lamps. We do not, however, bring incense or spices.
Halacha 7
We do not bring the food for the meal of comfort to a mourner's home in silver or cork utensils or the like, but wicker-work baskets of planed willow trees or the like so as not to embarrass a person who lacks means. Similarly, beverages are not poured in clear glasses rather than colored ones so as not to embarrass the poor whose wine is not of a high quality.
Halacha 8
No one person should drink more than ten cups of wine in the house of a mourner: three before the meal, three during the meal, and four afterwards. One should not drink more lest he become intoxicated.
Halacha 9
We do not relate teachings of Torah law or homiletic insights in the home of a mourner. Instead, we sit in grief. In the presence of a corpse, we speak only of matters related to the corpse. To be involved in Torah study in the presence of a corpse or in a cemetery is forbidden.
Halacha 10
One should not cry over the deceased for more than three days and one should not eulogize him for more than seven.
When does the above apply? To people at large. With regard to Torah scholars, by contrast, everything depends on their wisdom. In any case, we do not cry over them for more than 30 days, for we have no one greater than Moses our teacher and concerning him, Deutronomy 34:8 states: "The children of Israel cried over Moses... for 30 days and the days of crying in mourning for Moses concluded."
We do not eulogize for more than twelve months, for we have no one of greater wisdom than our holy teacher, and he was eulogized for only twelve months. Similarly, if a report of a wise man's death reaches us after twelve months, we do not eulogize him.
Halacha 11
A person should not become excessively broken hearted because of a person's death, as Jeremiah 22:10 states: "Do not weep for a dead man and do not shake your head because of him." That means not to weep excessively. For death is the pattern of the world. And a person who causes himself grief because of the pattern of the world is a fool.
What should one do? Weep for three days, eulogize for seven, and observe the restrictions on cutting one's hair and the other five matters for 30 days.
Halacha 12
Whoever does not mourn over his dead in the manner which our Sages commanded is cruel. Instead, one should be fearful, worry, examine his deeds and repent.
If one member of a group dies, the entire group should worry. For the first three days, one should see himself as if a sword is drawn over his neck. From the third day until the seventh, he should consider it as if it is in the corner. From that time onward, as if it passing before him in the market place. All of this is so that a person should prepare himself and repent and awake from his sleep. Behold it is written Jeremiah 5:3: "You have stricken them, but they have not trembled." Implied is that one should awake and tremble.
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Rambam:
• 3 Chapters a Day: Edut - Chapter 14, Edut Edut - Chapter 15, Edut Edut - Chapter 16
Edut - Chapter 14
Halacha 1
Whenever a witness is disqualified from testifying on behalf of a colleague because he is married to the witness' relative, if that relative's wife dies, even if she left him sons, he is considered to have been released from any connection and is acceptable as a witness.
Halacha 2
When a person knew of evidence concerning a colleague before he became his son-in-law, and then became his son-in-law, he is not acceptable. The same law applies if a person was in control of his senses and then became a deaf-mute, was able to see and became blind - even though he is aware of the measure of land concerning which he testifies and can define its boundaries, or was intellectually and emotionally sound and then lost control of his faculties.
If, by contrast, a person knew of evidence concerning a colleague before he became his son-in-law, became his son-in-law, and then that colleague's daughterdied, the witness is acceptable. Similar laws apply if a person was in control of his senses, became a deaf-mute, and then regained control of his senses, was intellectually and emotionally sound, lost control of his faculties, and then regained control of them, or was able to see, became blind, and then regained his sight.
The general principle is: Whenever a person is an acceptable witness at the initial and the final stages, he is acceptable even though in the interim, he was not acceptable as a witness. If, however, initially he is unacceptable, even though ultimately, he would be acceptable, he is disqualified. Therefore when a person is aware of evidence as a child, it is of no consequence for him to testify with regard to it when he attains majority.
Halacha 3
There are matters concerning which we rely on the testimony which a person gives after he attains majority with regard to events that he observed when he was a child. The rationale is that these are matters of Rabbinical origin. The matters are as follows; a person's word is accepted when he states: a) "This is the signature of my father," "...my teacher," "...or my brother," the rationale is that the validation of legal documents is a Rabbinic requirement;
b) "I remember that when so-and-so was married, they performed the customs performed for a virgin"; since most women marry when virgins and a ketubah is a Rabbinic institution;
c) "This place is a beit hapras," for the ritual impurity associated with such a place is a Rabbinic safeguard;
d) "We would proceed until this point on the Sabbath," because the restriction of the Sabbath limits until only 2000 cubits is a Rabbinic restriction;
e) "So-and-so would leave school to immerse himself in a mikveh and eat terumah in the evening" or "he would receive a portion of terumah with us;"
f) "We would bring challah and presents of meat to so-and-so, the priest"; this applies when the presents were sent with the person himself;
g) "My father told me, 'This family is acceptable; this family is not acceptable";
h) "We ate from the fruit-barrel brought by the brothers of so-and-so to inform others that their brother, so-and-so, married a woman that was not appropriate for him.
All of the latter four points involve establishing a person as a priest to enable him to partake of terumah that is separated at present because of Rabbinic decree or to prevent him from partaking of it.
Halacha 4
The leniency granted in all these situations to accept the testimony of a person who reached majority with regard to what he knew when he was a minor is not granted when a gentile or a servant witnessed such matters and gave such testimony after he converted and was freed.
Halacha 5
If, before becoming a robber, a person knew of evidence concerning a colleague and recorded that evidence in a legal document and then became a robber, he cannot testify with regard to his signature. If, however, his signature to the legal document was validated in court before he became a robber, the legal document is acceptable.
Similarly, if a witness becomes a person's son-in-law, he may not testify concerning his signature on a legal document involving his father-in-law. Others, however, may testify concerning the son-in-law's signature. Even though the document is not validated by the court until after the witness becomes a person's son-in-law, it is acceptable. The disqualification of a witness because of a transgression is not the same as the disqualification of a witness because of a family connection, for a person disqualified because of a transgression is suspected of forging the document.
Halacha 6
When a legal document has only two witnesses signed upon it and they are related to each other or one of them is disqualified because of a transgression, even if the document was transferred in the presence of acceptable witnesses, it is worthless, like a shard, because of the invalid signatures inside it.
Halacha 7
The following rule applies when a person composes one legal document including testimony that he is granting all of his property to two people and the witnesses to the document are related to one of the recipients of the present, but not related to the other. The document is not acceptable, because it is one statement of testimony.
If, however, he writes in one legal document that he is giving this-and-this courtyard to Reuven and this-and-this field to Shimon, and the witnesses are related to one, but not to the other, the present given to the recipient to whom the witnesses are not related is binding. Even though the two statements are included in one legal document, they are considered as separate testimonies. To what can the matter be compared to a person who says: "Serve as witnesses that I gave Reuven this-and-this, that I gave Shimon this-and-this, and that I borrowed such-and-such from Levi." Although they were all included in the same legal document and there is only one person transferring the property, they are considered as three distinct statements.
Edut - Chapter 15
Halacha 1
Whenever a person will benefit from giving testimony, he may not give such testimony for it is as if he is testifying concerning himself. Therefore when a person comes to the inhabitants of a city with a complaint concerning the public bathhouse or thoroughfare, none of the inhabitants of the city can testify regarding this matter nor serve as a judge regarding this matter until they undertake a contractual act removing themselves from any connection to the property in question. Afterwards, they may testify or serve as a judges.
Halacha 2
The following rules apply when a communal Torah scroll is stolen from the inhabitants of a city. Since it is intended to be listened to by all the members of the community, it is impossible for a person to withdraw his share of ownership of it. Hence, the matter should not be adjudicated by the judges of the city, and the inhabitants of the city may not testify to prove the city's ownership. Similar laws apply in all analogous situations.
Halacha 3
When a person says: "Give a manah to the poor people of my city," the matter may not be adjudicated by the judges of that city and the inhabitants of the city may not testify to prove that the pledge was made.
When does the above apply? When the poor people depend upon them and they allocate charity to them. In such a situation, even if two members of the city promised: "We will give the fixed amount required of us regardless; let us testify," we do not heed their request. For they receive benefit from the fact that these poor people become wealthier for the poor are dependent on the inhabitants of the city. Similar laws apply in all analogous situations.
Halacha 4
The following rules apply when a person raises a protest and seeks to expropriate land that is owned by two partners from the possession of one of the partners. The other partner may not testify on behalf of his partner concerning the land unless he withdraws from ownership of the land and undertakes an act of contract affirming that he gave his portion to his partner and committing himself to reimburse him for its value if his own creditor expropriates it from his partner. After undertaking such an agreement, he may testify concerning the field. Similar laws apply in all analogous situations.
Halacha 5
The following rules apply when a person protests the ownership of a field. If it contains produce, a sharecropper may not testify with regard to it. For the sharecropper wishes it to remain in the possession of the owner so that he will receive his portion of the crops. If there is no produce in the field, he may testify concerning it.
Different rules apply with regard to a renter. If he brings the rent with him and says: "Let whoever is established as the owner of this field take this," he may offer testimony. If, however, he already paid the rent to the owner of the field he may not testify. For if the field is expropriated by the claimant, he would have to pay him rent for all the years he dwelled in it. Hence, he may not offer testimony. Similar laws apply in all analogous situations.
Halacha 6
The following rules apply if Shimon borrowed money and Reuven guaranteed the debt. Yehudah entered into litigation against Shimon and sought to expropriate landed property from his possession. If Shimon possesses another field equal in value to the debt guaranteed by Reuven, Reuven may testify with regard to the land, asserting that it belongs to Shimon. He does not derive any benefit from this, for even if Yehudah would expropriate the field, Shimon possesses another field from which the creditor could derive payment.
Similarly, a person who purchased a field may testify on behalf of another person who purchased a field from the same seller and affirm that the field is his. This applies provided the seller owns a field that is not on lien that is equivalent to the value of the field acquired by the first purchaser. In such a situation, the first purchaser does not derive any benefit from the field remaining in the possession of the second purchaser, for even if the field he purchased is expropriated from him, he may seek reimbursement from the seller and the seller possesses another field from which he could expropriate his due.
Edut - 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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Hayom Yom:
Monday, 9 Kislev, 5775 • 1 December 2014

"Today's Day"
Monday, Kislev 9, 5704
Torah lessons: Chumash: Vayishlach, Sheini with Rashi.
Tehillim: 49-54.
Tanya: There is yet (p. 613)...from the created. (p. 613).
Birth of the Mitteler Rebbe in 5534 (1773), and the day of his passing in 5588 (1827). He is interred in Niezhin.
On 9 Kislev 5554 (1793) the Alter Rebbe said a maamar, now part of Chapter 53 of the Sefer Shel Benonim (Tanya), discussing the First Sanctuary. The next day he said Chassidus again - the conclusion of that chapter. The maamarim from Rosh Hashana 5550 (1789) until 10 Kislev 5554 (1793) which included assembled words of counsel from earlier years, were the basis for the 53 chapters of the Sefer Shel Benonim.1
FOOTNOTES

1. See Adar Sheini 6.
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Daily Thought:
Business Transformation
There is a beast inside. It awaits you for its tikun.
How do you fix up the human beast? First with prayer, then with food, but ultimately by doing business.
You need to start with meditation and prayer, because that beast inside needs to experience not only wonder, but even love for G‑d. The problem is, in prayer and meditation, you have not yet met that beast on its own ground.
Next, eat your breakfast like a human being is meant to eat—a step higher than the food you consume, raising it up rather than letting it pull you down. Then, yes, you have met your human beast on its own ground. But not on its own terms. You are still fighting with it—against its desire to be pulled down into the food.
So then go out into the world and provide goods and services of value, and do that with integrity.
No longer are you fighting against the human beast. You are working with it and from within it, with all the talents and skills you have. Because otherwise, you are not providing the value for which others are paying, and that is not integrity.
Now you can understand why the very first question asked of the soul when it returns from its mission in this world is not “How did you pray?” or “How did you eat” but “Did you do business with integrity?” For that is when you truly fixed up this world.[Padah B’Shalom, 5739.]
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