Today's Laws & Customs:
Today in Jewish History:
Warsaw Ghetto Insurgency Begins (1943)
On January 18, 1943, the Germans began their second deportation of Jews from the Warsaw Ghetto, which led to the first instance of armed resistance. The deportation was halted within a few days; only 5,000 Jews were removed instead of 8,000 as planned. The Nazis retreated, only to return three months later, at which time the Warsaw uprising started in earnest.
DAILY QUOTE:
Malicious talk is like an arrow. A person who unsheathes a sword can regret his intention and return it to its sheath. But the arrow cannot be retrieved[Midrash Tehillim]
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:Warsaw Ghetto Insurgency Begins (1943)
On January 18, 1943, the Germans began their second deportation of Jews from the Warsaw Ghetto, which led to the first instance of armed resistance. The deportation was halted within a few days; only 5,000 Jews were removed instead of 8,000 as planned. The Nazis retreated, only to return three months later, at which time the Warsaw uprising started in earnest.
DAILY QUOTE:
Malicious talk is like an arrow. A person who unsheathes a sword can regret his intention and return it to its sheath. But the arrow cannot be retrieved[Midrash Tehillim]
DAILY STUDY:
Chumash Parshat Yitro, 1st Portion (Exodus 18:1-18:12) with Rashi
• Chapter 18
1. Now Moses' father in law, Jethro, the chieftain of Midian, heard all that God had done for Moses and for Israel, His people that the Lord had taken Israel out of Egypt. א. וַיִּשְׁמַע יִתְרוֹ כֹהֵן מִדְיָן חֹתֵן משֶׁה אֵת כָּל אֲשֶׁר עָשָׂה אֱלֹהִים לְמשֶׁה וּלְיִשְׂרָאֵל עַמּוֹ כִּי הוֹצִיא יְהוָֹה אֶת יִשְׂרָאֵל מִמִּצְרָיִם:
Now…Jethro…heard: What news did he hear that [made such an impression that] he came? The splitting of the Red Sea and the war with Amalek. — [from Zev. 116a, and Mechilta, combining the views of Rabbi Joshua and Rabbi Eliezer] וישמע יתרו: מה שמועה שמע ובא, קריעת ים סוף ומלחמת עמלק:
Jethro: He was called by seven names: Reuel, Jether, Jethro [i.e., Yithro], Hobab, Heber, Keni, [and] Putiel (Mechilta). [He was called] Jether (יֶתֶר) because he [caused] a section to be added (יִתֵּר) to the Torah [namely]: “But you shall choose” (below verse 21). [He was called] Jethro (יִתְרוֹ) [to indicate that] when he converted and fulfilled the commandments, a letter was added to his name. [He was called] Hobab (חוֹבָב) [which means lover] because he loved (חִבָּב) the Torah. Hobab was indeed Jethro, as it is said: “of the children of Hobab, Moses’ father-in-law” (Jud. 4:11). Others say that Reuel was Jethro’s father. [If so,] what [is the meaning of] what it [Scripture] says [referring to the daughters of Jethro]: “They came to their father Reuel” (Exod. 2:18)? Because [young] children call their grandfather “Father.” [This appears] in Sifrei (Beha’alothecha 10:29). יתרו: שבע שמות נקראו לו רעואל, יתר, יתרו, חובב, חבר, קיני, פוטיאל. יתר, על שם שיתר פרשה אחת בתורה (להלן פסוק כא) ואתה תחזה. יתרו לכשנתגייר וקיים המצות הוסיפו לו אות אחת על שמו. חובב שחבב את התורה. וחובב הוא יתרו, שנאמר (שופטים ד יא) מבני חובב חותן משה. ויש אומרים רעואל אביו של יתרו היה, ומה הוא אומר (שמות ב יח) ותבאנה אל רעואל אביהן, שהתינוקות קורין לאבי אביהן אבא. בספרי:
Moses’ father-in-law: Here Jethro prides himself on [his relationship to] Moses, [saying,] “I am the king’s father-in-law.” In the past, Moses attributed the greatness to his father-in-law, as it is said: “Moses went and returned to Jether, his father-in-law” (Exod. 4:18). [from Mechilta] חתן משה: כאן היה יתרו מתכבד במשה, אני חותן המלך ולשעבר היה משה תולה הגדולה בחמיו, שנאמר (שמות ד יח) וישב אל יתר חותנו:
for Moses and for Israel: Moses was equal to all of Israel. [Mechilta] למשה ולישראל: שקול משה כנגד כל ישראל:
all that…had done: for them with the descent of the manna, with the well, and with Amalek. את כל אשר עשה: להם בירידת המן ובבאר ובעמלק:
that the Lord had taken Israel out…: This was the greatest of them all. — [from Mechilta] כי הוציא ה' וגו': זו גדולה על כולם:
2. So Moses' father in law, Jethro, took Zipporah, Moses' wife, after she had been sent away, ב. וַיִּקַּח יִתְרוֹ חֹתֵן משֶׁה אֶת צִפֹּרָה אֵשֶׁת משֶׁה אַחַר שִׁלּוּחֶיהָ:
after she had been sent away: When the Holy One, blessed be He, said to him in Midian, “Go, return to Egypt” (Exod. 4: 19), “and Moses took his wife and his sons, etc.” (Exod. 4:20), and Aaron went forth “and met him on the mount of God” (Exod. 4:27), he [Aaron] said to him [Moses], “Who are these?” He [Moses] replied, “This is my wife, whom I married in Midian, and these are my sons.” "And where are you taking them?" he [Aaron] asked. “To Egypt,” he replied. He [Aaron] retorted, “We are suffering with the first ones, and you come to add to them?” He [Moses] said to her [Zipporah], “Go home to your father.” She took her two sons and went away. — [from Mechilta] אחר שלוחיה: כשאמר לו הקב"ה במדין (שמות ד יט) לך שוב מצרימה, (שם כ) ויקח משה את אשתו ואת בניו גו' ויצא אהרן לקראתו, (שם כז) ויפגשהו בהר הא-להים. אמר לו מי הם הללו. אמר לו זו היא אשתי שנשאתי במדין ואלו בני. אמר לו והיכן אתה מוליכן. אמר לו למצרים. אמר לו על הראשונים אנו מצטערים ואתה בא להוסיף עליהם. אמר לה לכי אל בית אביך, נטלה שני בניה והלכה לה:
3. and her two sons, one of whom was named Gershom, because he [Moses] said, "I was a stranger in a foreign land," ג. וְאֵת שְׁנֵי בָנֶיהָ אֲשֶׁר שֵׁם הָאֶחָד גֵּרְשֹׁם כִּי אָמַר גֵּר הָיִיתִי בְּאֶרֶץ נָכְרִיָּה:
4. and one who was named Eliezer, because [Moses said,] "The God of my father came to my aid and rescued me from Pharaoh's sword." ד. וְשֵׁם הָאֶחָד אֱלִיעֶזֶר כִּי אֱלֹהֵי אָבִי בְּעֶזְרִי וַיַּצִּלֵנִי מֵחֶרֶב פַּרְעֹה:
and rescued me from Pharaoh’s sword: When Dathan and Abiram informed [Pharaoh] about the incident of the Egyptian [whom Moses had slain], and he [Pharaoh] sought to slay Moses, his [Moses’] neck became [as hard] as a marble pillar. — [from Exod. Rabbah 1:31, Deut. Rabbah 2:27] ויצלני מחרב פרעה: כשגילו דתן ואבירם על דבר המצרי ובקש להרוג את משה, נעשה צוארו כעמוד של שיש:
5. Now Moses' father in law, Jethro, and his [Moses'] sons and his wife came to Moses, to the desert where he was encamped, to the mountain of God. ה. וַיָּבֹא יִתְרוֹ חֹתֵן משֶׁה וּבָנָיו וְאִשְׁתּוֹ אֶל משֶׁה אֶל הַמִּדְבָּר אֲשֶׁר הוּא חֹנֶה שָׁם הַר הָאֱלֹהִים:
to the desert: [We too know that he was in the desert [without the text stating it explicitly], but the text is speaking of Jethro’s praise, that he lived amidst the greatest honor of the world, but his heart prompted him to go forth to the desert wasteland to hear words of Torah. — [from Mechilta] אל המדבר: אף אנו יודעין שבמדבר היו, אלא בשבחו של יתרו דבר הכתוב, שהיה יושב בכבודו של עולם ונדבו לבו לצאת אל המדבר, מקום תהו, לשמוע דברי תורה:
6. And he said to Moses, "I, Jethro, your father in law, am coming to you, and [so is] your wife and her two sons with her. " ו. וַיֹּאמֶר אֶל משֶׁה אֲנִי חֹתֶנְךָ יִתְרוֹ בָּא אֵלֶיךָ וְאִשְׁתְּךָ וּשְׁנֵי בָנֶיהָ עִמָּהּ:
And he said to Moses: through a messenger. — [from Mechilta, view of Rabbi Eleazar the Modite] ויאמר אל משה: על ידי שליח:
I, Jethro, your father-in-law…: If you will not come out for my sake, come out for your wife’s sake, and if you will not come out for your wife’s sake, come out for the sake of her two sons. — [from Mechilta] אני חתנך יתרו וגו': אם אין אתה יוצא בגיני צא בגין אשתך, ואם אין אתה יוצא בגין אשתך צא בגין שני בניה:
7. So Moses went out toward Jethro, prostrated himself and kissed him, and they greeted one another, and they entered the tent. ז. וַיֵּצֵא משֶׁה לִקְרַאת חֹתְנוֹ וַיִּשְׁתַּחוּ וַיִּשַּׁק לוֹ וַיִּשְׁאֲלוּ אִישׁ לְרֵעֵהוּ לְשָׁלוֹם וַיָּבֹאוּ הָאֹהֱלָה:
So Moses went out: Jethro was afforded great honor at that time. Since Moses went out, Aaron, Nadab, and Abihu also went out, and who [was it who] saw these [men] going out and did not go out? [Thus, everyone went out to greet Jethro.]-[from unknown midrashic source similar to Mechilta and Tanchuma Yithro 6] ויצא משה: כבוד גדול נתכבד יתרו באותה שעה, כיון שיצא משה יצא אהרן נדב ואביהוא, ומי הוא שראה את אלו יוצאין ולא יצא:
prostrated himself and kissed him: I do not know who prostrated himself to whom. [But] when it says, “one another (אִישׁ לְרֵעֵהוּ),” [lit., a man to his friend,] who is called "a man"? This is Moses, as it is said: “But the man (וְהָאִישׁ) Moses” (Num. 12:3). [from Mechilta] וישתחו וישק לו: איני יודע מי השתחוה למי, כשהוא אומר איש לרעהו, מי הקרוי איש, זה משה, שנאמר (במדבר יב ג) והאיש משה:
8. Moses told his father in law [about] all that the Lord had done to Pharaoh and to the Egyptians on account of Israel, [and about] all the hardships that had befallen them on the way, and [that] the Lord had saved them. ח. וַיְסַפֵּר משֶׁה לְחֹתְנוֹ אֵת כָּל אֲשֶׁר עָשָׂה יְהוָֹה לְפַרְעֹה וּלְמִצְרַיִם עַל אוֹדֹת יִשְׂרָאֵל אֵת כָּל הַתְּלָאָה אֲשֶׁר מְצָאָתַם בַּדֶּרֶךְ וַיַּצִּלֵם יְהוָֹה:
Moses told his father-in-law: to attract his heart, to draw him near to the Torah. — [from Mechilta] ויספר משה לחתנו: למשוך את לבו לקרבו לתורה:
all the hardships: By the sea and [the hardship] of Amalek. — [from Mechilta] את כל התלאה: שעל הים ושל עמלק:
the hardships: Heb. הַתְּלָאָה. “Lammed aleph” comprise the root of the word. The “tav” is both formative and basic and sometimes is omitted from it. Similarly, separation (תְּרוּמָה), waving (תְּנוּפָה), rising (תְּקוּמָה), removing (תְּנוּאָה). התלאה: למ"ד אל"ף מן היסוד של התיבה והתי"ו הוא תיקון ויסוד הנופל ממנו לפרקים, וכן תרומה, תנופה, תקומה, תנואה:
9. Jethro was happy about all the good that the Lord had done for Israel, that He had rescued them from the hands of the Egyptians. ט. וַיִּחַדְּ יִתְרוֹ עַל כָּל הַטּוֹבָה אֲשֶׁר עָשָׂה יְהוָֹה לְיִשְׂרָאֵל אֲשֶׁר הִצִּילוֹ מִיַּד מִצְרָיִם:
Jethro was happy: Heb. וַיִחַדּ, and Jethro rejoiced. This is its simple meaning. The Aggadic midrash, however, [explains that] his flesh became prickly [i.e., gooseflesh (חִדּוּדִין חִדּוּדִּין)] [because] he was upset about the destruction of the Egyptians. This is [the source of] the popular saying: Do not disgrace a gentile in the presence of a convert, [even] up to the tenth generation [after the conversion]. — [from Sanh. 94a] ויחד יתרו: וישמח יתרו, זהו פשוטו ומדרשו נעשה בשרו חדודין חדודין, מיצר על איבוד מצרים, היינו דאמרי אינשי גיורא עד עשרה דרי לא תבזי ארמאה באפיה:
about all the good: The good of the manna, the well [of water that went with them], and the Torah, and above all, that He rescued them from the hands of the Egyptians. Until now, no slave had been able to escape from Egypt because the [border of the] land was locked, but these [people] fled six hundred thousand strong. — [from Mechilta] על כל הטובה: טובת המן והבאר והתורה. ועל כולן אשר הצילו מיד מצרים, עד עכשיו לא היה עבד יכול לברוח ממצרים, שהיתה הארץ מסוגרת, ואלו יצאו ששים רבוא:
10. [Thereupon,] Jethro said, "Blessed is the Lord, Who has rescued you from the hands of the Egyptians and from the hand of Pharaoh, Who has rescued the people from beneath the hand of the Egyptians. י. וַיֹּאמֶר יִתְרוֹ בָּרוּךְ יְהֹוָה אֲשֶׁר הִצִּיל אֶתְכֶם מִיַּד מִצְרַיִם וּמִיַּד פַּרְעֹה אֲשֶׁר הִצִּיל אֶת הָעָם מִתַּחַת יַד מִצְרָיִם:
Who has rescued you from the hands of the Egyptians: A strong nation. אשר הציל אתכם מיד מצרים: אומה קשה:
and from the hand of Pharaoh: A strong king. ומיד פרעה: מלך קשה:
from beneath the hand of the Egyptians: As the Targum [Onkelos] renders: [from beneath the control of the Egyptians,] an expression of tyrannization and domination. [The verse is referring to] the hand, which they [the Egyptians] laid heavily upon you [the Israelites]; the slavery. מתחת יד מצרים: כתרגומו לשון רידוי ומרות היד שהיו מכבידים עליהם, היא העבודה:
11. Now I know that the Lord is greater than all the deities, for with the thing that they plotted, [He came] upon them." יא. עַתָּה יָדַעְתִּי כִּי גָדוֹל יְהוָֹה מִכָּל הָאֱלֹהִים כִּי בַדָּבָר אֲשֶׁר זָדוּ עֲלֵיהֶם:
Now I know: I recognized Him in the past, but now [I recognize Him] even more. — [from Mechilta] עתה ידעתי: מכירו הייתי לשעבר ועכשיו ביותר:
than all the deities: This teaches us that he [Jethro] was knowledgeable about every type of idolatry in the world, and there was no pagan deity that he did not worship. — [from Mechilta] מכל הא-להים: מלמד שהיה מכיר בכל עבודה זרה שבעולם שלא הניח עבודה זרה שלא עבדה:
for with the thing that they plotted, [He came] upon them: Heb. זָדוּ. [To be explained] according to its [Aramaic] translation. [Onkelos renders: For with the thing that the Egyptians plotted to judge Israel, with that He judged them.] With water, they planned to destroy them, and they [themselves] were destroyed with water. כי בדבר אשר זדו עליהם: כתרגומו במים דמו לאבדם והם נאבדו במים:
that they plotted: That they planned wickedly. Our Rabbis, however, interpreted it [זָדוּ] as an expression related to “Now Jacob cooked (וַיָזֶר)” (Gen. 25:29) [and thus to infer that] in the very pot in which they cooked, they themselves were cooked. [from Sotah 11a] אשר זדו: אשר הרשיעו. ורבותינו דרשוהו לשון (בראשית כה כט) ויזד יעקב נזיד, בקדרה אשר בשלו בה, נתבשלו:
12. Then Moses' father in law, Jethro, sacrificed burnt offering[s] and [peace] offerings to God, and Aaron and all the elders of Israel came to dine with Moses' father in law before God. יב. וַיִּקַּח יִתְרוֹ חֹתֵן משֶׁה עֹלָה וּזְבָחִים לֵאלֹהִים וַיָּבֹא אַהֲרֹן וְכֹל | זִקְנֵי יִשְׂרָאֵל לֶאֱכָל לֶחֶם עִם חֹתֵן משֶׁה לִפְנֵי הָאֱלֹהִים:
burnt offering[s]: Heb. עֹלָה. As its apparent meaning, because it [the offering] was completely (כֻּלָּה) burned [on the altar]. עלה: כמשמעה שהיא עולה כליל:
and [peace] offerings: Peace offerings. וזבחים: שלמים:
And Aaron came: And where did Moses go? [Why is he not mentioned here as partaking of the feast?] He was standing and serving them. — [from Mechilta, Jonathan] ויבא אהרן וגו': ומשה היכן הלך, והלא הוא שיצא לקראתו וגרם לו את כל הכבוד, אלא שהיה עומד ומשמש לפניהם:
before God: From here [we learn] that if one derives pleasure from a feast at which Torah scholars are seated, it is as if he has derived pleasure from the splendor of the Shechinah. — [from Ber. 64a, Mechilta] לפני הא-להים: מכאן שהנהנה מסעודה שתלמידי חכמים מסובין בה כאלו נהנה מזיו השכינה:
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Daily Tehillim: Psalms Chapters 66-68
• Chapter 66
This psalm describes the praises and awe-inspiring prayers that we will offer God upon the ingathering of the exiles.
1. For the Conductor, a song, a psalm. Raise your voices in jubilation to God, all the earth!
2. Sing the glory of His Name; make glorious His praise.
3. Say to God, "How awesome are Your deeds!" Because of Your great strength, Your enemies will [admit] their treachery to You.
4. All the earth will bow to You, and sing to You; they will sing praise to Your Name forever!
5. Go and see the works of God, awesome in His deeds toward mankind.
6. He turned the sea into dry land, and they passed through the river on foot; we rejoiced in Him there.
7. He rules the world with His might, and His eyes watch the nations; let the rebellious not exalt themselves, Selah.
8. Bless our God, O nations, and let the voice of His praise be heard.
9. He has kept us alive, and did not allow our feet to falter.
10. For You tested us, O God; You refined us as one refining silver.
11. You brought us into prison; You placed a chain upon our loins.
12. You mounted men over our head; we went through fire and water, and You brought us out to abundance.
13. I will enter Your House with burnt-offerings, I will pay to You my vows,
14. which my lips uttered and my mouth spoke in my distress.
15. I will offer up to You burnt-offerings of fat animals, with the smoke of rams; I will prepare cattle with he-goats, Selah.
16. Come listen, all you who fear God, and I will relate what He has done for my soul.
17. I called to Him with my mouth, with exaltation beneath my tongue.
18. Had I seen iniquity in my heart, my Lord would not have listened.
19. But in truth, God heard; He gave ear to the voice of my prayer.
20. Blessed is God Who has not turned away my prayer or His kindness from me.
Chapter 67
This psalm is known as an especially revered prayer. It, too, speaks of the era of the ingathering of the exiles, and the wars of Gog and Magog, a time when "the Lord will be One."
1. For the Conductor, a song with instrumental music, a psalm.
2. May God be gracious to us and bless us; may He make His countenance shine upon us forever,
3. that Your way be known on earth, Your salvation among all nations.
4. The nations will extol You, O God; all the nations will extol You.
5. The nations will rejoice and sing for joy, for You will judge the peoples justly and guide the nations on earth forever.
6. The peoples will extol You, O God; all the peoples will extol You,
7. for the earth will have yielded its produce, and God, our God, will bless us.
8. God will bless us; and all, from the farthest corners of the earth, shall fear Him.
Chapter 68
An awe-inspiring and wondrous prayer, David composed this psalm referring to a future event, when Sennacherib would surround Jerusalem on Passover, during the reign of Hezekiah. He also prophesies about the good we will enjoy during the Messianic era.
1. For the Conductor; by David, a psalm, a song.
2. Let God rise, let His enemies be scattered, and let His enemies flee before Him.
3. As smoke is driven away, drive them away; as wax melts before fire, let the wicked perish before God.
4. And the righteous will rejoice, they will exult before God and delight with joy.
5. Sing to God, chant praises to His Name; extol Him Who rides upon the heavens with His Name, Yah, and exult before Him.
6. A father of orphans and judge of widows is God, in the abode of His holiness.
7. God settles the solitary into a home, and frees those bound in shackles; but the rebellious [are left to] dwell in an arid land.
8. O God, when You went out before Your nation, when You marched through the wilderness, Selah,
9. the earth trembled, even the heavens dripped before the presence of God; this mountain of Sinai [trembled] before the presence of God, the God of Israel.
10. You poured generous rain, O God; when Your heritage was weary, You secured it.
11. Your flock settled there; in Your goodness, O God, You prepare for the poor.
12. My Lord will fulfill the word of the heralds to a great legion:
13. Kings of armies will flee, they will flee; and she who inhabits the home will divide the loot.
14. Even if you lie upon the hearth,1 [you will be like] wings of a dove covered with silver, her pinions with brilliant gold.
15. When the Almighty scatters kings in her midst, those in the shadow of darkness will be made snow-white.
16. The mountain of God is a fertile mountain, the mountain of majestic peaks is a fertile mountain.
17. Why do you prance, O mountains of peaks? This is the mountain God has desired as His dwelling; the Lord will even dwell there forever.
18. The chariots of God are twice ten thousand, [with] thousands of angels; my Lord is in their midst, at Sinai, in holiness.
19. You ascended on high and took a captive,2 you seized gifts for man; and [now] even rebels dwell with Yah, God.
20. Blessed is my Lord, Who each day loads us [with beneficence], the God Who is our deliverance forever.
21. The Lord is a God of deliverances for us; and to God, my Lord, are the many avenues of death.
22. God alone crushes the heads of His enemies, the hairy skull of him who goes about in his guilt.
23. My Lord said, "I will bring back from Bashan,3 I will bring back from the depths of the sea,
24. that your foot may wade through [the enemy's] blood; that the tongue of your dogs may have its portion from your enemies.”
25. They saw Your ways, O God, the ways of my God, my King, in holiness.
26. The singers began, then the musicians, in the midst of the maidens playing timbrels.
27. In assemblies bless God; [bless] my Lord, O you who stem from Israel.
28. There Benjamin, the youngest, rules them; the princes of Judah stone them, [as do] the princes of Zebulun, and the princes of Naphtali.
29. Your God has decreed your strength. Show Your strength, O God, Who has wrought this for our sake.
30. Because of [the glory of] Your Sanctuary upon Jerusalem, kings will bring You tribute.
31. Rebuke the wild beast of the reeds, the assembly of mighty bulls among the calves of nations, [until] each submits himself with pieces of silver. Scatter the nations that desire wars.
32. Nobles will come from Egypt; Kush will hasten [to raise] its hands to God.
33. Kingdoms of the earth, sing to God; sing praise to my Lord forever!
34. To the One Who rides upon the loftiest of ancient heavens-behold He gives forth His voice, a voice of might.
35. Ascribe power to God; His majesty is over Israel, and His might is in the skies.
36. God, You are feared from Your Sanctuary; it is the God of Israel Who grants strength and power to His people; blessed is God.
____________________________
Tanya: Likutei Amarim, middle of Chapter 23
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, 12 Shevat, 5775 • 1 February 2015
Likutei Amarim, middle of Chapter 23
The Alter Rebbe has thus far discussed two levels of union with the Divine Will, one analogous to the chariot and its rider, and the second, to the unity of body and soul. Both these levels of unity are achieved by performing themitzvot. He now goes on to describe a third and higher level of unity, that is achieved through the study of the Torah.
אך המחשבה וההרהור בדברי תורה שבמוח, וכח הדבור בדברי תורה שבפה, שהם לבושים הפנימים של נפש האלקית
But the thought and meditation on the words of Torah, which is accomplished in the brain, and the power of speech engaged in the words of Torah, which is in the mouth — these being the innermost garments of the divine soul, and thus closer to the soul itself than the faculty of action, the “external” garment,
וכל שכן נפש האלקית עצמה המלובשת בהם
and surely the divine soul itself which is clothed in them i.e., in the thought and speech engaged in Torah study,
כולם מיוחדים ממש ביחוד גמור ברצון העליון, ולא מרכבה לבד
all of them are fused in perfect unity with the Divine Will, and are not merely a vehicle, a “chariot” for it1, as are the mouth and brain in which the thought and speech of Torah study take place.
The term “perfect unity” indicates that the two become one and the same; unlike, for example, the unity of body and soul, which retain their separate identities even when they are joined together and form one unit. An example of a “perfect” unity can be found in the unity of the soul with its faculties, which are a part of it, and are thus completely united with it. In the same way the divine soul and its faculties of speech and thought are united with the Divine Will, when one thinks or speaks of matters of Torah.
The Alter Rebbe now goes on to explain how Torah study is able to effect this level of unity.
כי רצון העליון הוא הוא הדבר הלכה עצמה שמהרהר ומדבר בה, שכל ההלכות הן פרטי המשכות פנימיות רצון העליון עצמו
For the Divine Will is identical with the halachic subject of which one thinks and speaks, inasmuch as all the laws of the Halachah are particular expressions of the innermost Divine Will itself;
שכך עלה ברצונו יתברך, שדבר זה מותר או כשר, או פטור או זכאי, או להפך
for G‑d willed it thus — that a particular thing be deemed permissible or kosher, or that this person be found exempt and another innocent, or the reverse.
Since every halachah expresses the Divine Will, the unity which the study of the Halachah effects between the soul and the Divine Will surpasses even the unity of body and soul.
וכן כל צרופי אותיות תנ״ך הן המשכת רצונו וחכמתו המיוחדות באין סוף ברוך הוא בתכלית היחוד, שהוא היודע והוא המדע כו’
Similarly, all the letter combinations of the Pentateuch, Prophets and the Holy Writings (Ketuvim), are also expressions of G‑d’s Will and wisdom which are united with the blessed Ein Sof in a perfect unity — since He is the Knower, the Knowledge, and the [subject] Known.
Thus, when one studies the Torah, Prophets, and the Writings, he becomes united with the Divine Will and wisdom, which are absolutely one with G‑d Himself.
* * *
The difference between the two levels of unity with G‑d achieved through Torah and mitzvot respectively, may be clarified by the following analogy:
A king orders his servants to build a palace for him, and draws up a detailed blueprint for it. When they carry out his wishes, they are united with his desire as expressed in the palace. However, the palace walls themselves do not represent the king’s will and wisdom. But the blueprint does, and the architects who study it are actually involved in the study of the king’s will and wisdom.
So too in our case. The actual performance of the mitzvot, although dictated by G‑d’s Will, does not actually constitute this Will. Not so the wisdom of Torah, which is itself G‑d’s wisdom, and the halachic rulings are actually expressions of His Will; and thus, when one speaks or thinks words of Torah, he attains the greatest possible level of union with G‑d, Who is one with His Will and wisdom.
וזהו שכתוב דאורייתא וקודשא בריך הוא כולא חד, ולא אברין דמלכא לחוד כפיקודין
This is what is meant by the statement that “The Torah and G‑d are absolutely one” — they are not merely “organs” of the King, as are the mitzvot.
For, as explained above, the unity of the mitzvot with G‑d is like that of body and soul, where two separate entities are joined, whereas Torah is entirely one with G‑d.
ומאחר שרצון העליון המיוחד באין סוף ברוך הוא בתכלית היחוד, הוא בגילוי לגמרי ולא בהסתר פנים כלל וכלל בנפש האלקית ולבושיה הפנימים, שהם מחשבתה ודבורה, באותה שעה שהאדם עוסק בדברי תורה
Now, since the Divine Will, which is in perfect unity with G‑d Himself, stands completely revealed in the divine soul and in its inner garments — i.e., its thought and speech — while a person occupies himself with words of Torah, and there is nothing obscuring the Divine Will at that time, for when one studies Torah, the Divine Will and wisdom contained in it come into full expression in one’s soul and its faculties of thought and speech,
הרי גם הנפש ולבושיה אלו מיוחדים ממש באין סוף ברוך הוא באותה שעה בתכלית היחוד
it follows that at that time, the soul and these garments of thought and speech are also truly united with G‑d,
כיחוד דבורו ומחשבתו של הקב״ה במהותו ועצמותו כנ״ל
with a unity comparable to that of G‑d’s speech and thought with His essence and being as explained above. 2
כי אין שום דבר נפרד כי אם בהסתר פנים כנ״ל
For nothing is separate from G‑d, except insofar as His Countenance is concealed.
Only then can created beings perceive themselves as distinct entities (as explained in ch. 22). Since there is no such concealment when one studies the Torah, one attains thereby a perfect unity with G‑d — a unity comparable to that of G‑d’s speech and thought with Himself prior to their revelation as “speech” and “thought”, but as they are contained within Himself.
ולא עוד אלא שיחודם הוא ביתר שאת ויתר עז מיחוד אור אין סוף ברוך הוא בעולמות עליונים
Moreover, their unity i.e., the unity of the divine soul and its faculties with G‑d, that is attained through Torah study is even more exalted and more powerful than the unity of G‑d’s infinite light with the upper (spiritual) worlds.
מאחר שרצון העליון הוא בגילוי ממש בנפש ולבושיה העוסקים בתורה, שהרי הוא הוא התורה עצמה
For the Divine Will is actually manifest in the soul and its garments that are engaged in Torah study, since it is identical with the Torah being studied.
וכל העולמות העליונים מקבלים חיותם מאור וחיות הנמשך מהתורה שהיא רצונו וחכמתו יתברך, כדכתיב: כולם בחכמה עשית
All the worlds receive their vitality by way of the light and life derived from the Torah which is G‑d’s Will and wisdom; as it is written, 3 “Through wisdom You have made them all.”
G‑d’s wisdom is thus the source of vitality for all the worlds.
ואם כן החכמה, שהיא התורה, למעלה מכולם
Thus it follows that G‑d’s wisdom, i.e., the Torah, transcends them all.
It must be above all the worlds, since it is their source.
והיא היא רצונו יתברך הנקרא סובב כל עלמין, שהיא בחינת מה שאינו יכול להתלבש בתוך עלמין, רק מחיה ומאיר למעלה בבחינת מקיף
In fact the Torah, G‑d’s Will, is described as “encompassing” all the worlds, meaning that it is at a level that cannot become clothed within the worlds, but rather animates and illuminates them as if from a distance, from above, in a transcending and “encompassing” manner, 4
והיא היא המתלבשת בנפש ולבושיה בבחינת גילוי ממש כשעוסקים בדברי תורה
and it is this level which transcends all the worlds that is clothed in a truly revealed form in one’s soul and his soul-garments, when he studies Torah,
ואף על גב דאיהו לא חזי כו‘ [ומשום הכי יכול לסבול משום דלא חזי, מה שאין כן בעליונים]
even although he does not see it. 5 I.e., when one studies Torah he is unable to consciously experience the unity of his soul with G‑d which is attained thereby, yet his soul feels it.(6In fact, this is precisely why he can endure such a unity with G‑d, preciselybecause he cannot feel it — unlike the supernal worlds where G‑dliness is not obscured as it is in this world, and they cannot therefore endure such a unity with G‑d without becoming completely nullified and losing their identities entirely.)
FOOTNOTES
1. In saying "and not merely a `chariot' for it," the Alter Rebbe contrasts the thought and the power of speech engaged in Torah with the brain and mouth which do the thinking and speaking. The latter become (merely) a "chariot" for G-d's Will, while the former are "fused in perfect unity" with it. If we were to contrast the faculty of speech engaged in Torah study with that same faculty as it engages in observing a mitzvah (reciting the grace after meals, for example), we would say that in the act of Torah study the faculty of speech is fused in perfect unity with the Divine Will; it is not merely as an organ of the body is to the soul in relation to this Will, as the Alter Rebbe indeed states shortly. ( - Based on a comment by the Rebbe.)
2. Ch. 21.
3. Tehillim 104:24.
4. See below, chs. 41, 46, 48 and 51.
5. Cf. Megillah 3a.
6. Parentheses are in the original text.____________________________
Rambam:
Daily Mitzvah N321 Sefer Hamitzvot
Today's Mitzvah
Sunday, 12 Shevat, 5775 • 1 February 2015
Daily Mitzvah N321 Sefer Hamitzvot
Today's Mitzvah
Sunday, 12 Shevat, 5775 • 1 February 2015
Negative Commandment 321 (Digest)
Going Beyond City Limits on Shabbat
"Let no man go out of his place on the seventh day"—Exodus 16:29.
It is forbidden on Shabbat to travel more than 2,000 cubits (approximately 3000 ft.) out of a city's parameters.
The 321st prohibition is that we are forbidden to travel [even by foot] on Shabbos.
The source of this commandment is G‑d's statement1, "No man may leave his place on the seventh day."
Oral Tradition defines limit of "travel" as 2000 amos2 beyond the city limit; one may not walk even a single amoh more. However, one may walk within 2000 amos from the city limit in any direction.3
The Mechilta says: " 'No man may leave his place,' — this means beyond 2000 amos."
Our Sages said in tractate Eruvin4, "For violating the prohibition of the Shabbos limit, one receives lashes by Biblical ordinance."5
The details of this commandment are discussed in that same tractate.
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.Shmos 16:29.
2.Approximately 3000 ft. In Mishneh Torah (Hilchos Shabbos 27:1), the Rambam rules that walking 2000 amos is prohibited only by Rabbinic law, while the Biblical prohibition is in effect only at 12 mil, or approximately 24,000 amos.
The Rambam himself explains, however, (in responsa 310, quoted in Mishneh Torah, Kapach ed., p. 575) that there is no contradiction between his two works. Sefer Hamitzvos is meant only to give a general description of the mitzvah, so he did not mention the two categories. Mishneh Torah, on the other hand, gives all the relevant halachic details. See also Introduction to Sefer Hamitzvos.
3.In Mishneh Torah (ibid.), the Rambam explains that this area is considered within the suburbs of the city (see Num. 35:5).
4.17b.
5.With this quote, the Rambam proves that this mitzvah in included in the count of the 613 mitzvos.
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.
________________________________________
Going Beyond City Limits on Shabbat
"Let no man go out of his place on the seventh day"—Exodus 16:29.
It is forbidden on Shabbat to travel more than 2,000 cubits (approximately 3000 ft.) out of a city's parameters.
The 321st prohibition is that we are forbidden to travel [even by foot] on Shabbos.
The source of this commandment is G‑d's statement1, "No man may leave his place on the seventh day."
Oral Tradition defines limit of "travel" as 2000 amos2 beyond the city limit; one may not walk even a single amoh more. However, one may walk within 2000 amos from the city limit in any direction.3
The Mechilta says: " 'No man may leave his place,' — this means beyond 2000 amos."
Our Sages said in tractate Eruvin4, "For violating the prohibition of the Shabbos limit, one receives lashes by Biblical ordinance."5
The details of this commandment are discussed in that same tractate.
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.Shmos 16:29.
2.Approximately 3000 ft. In Mishneh Torah (Hilchos Shabbos 27:1), the Rambam rules that walking 2000 amos is prohibited only by Rabbinic law, while the Biblical prohibition is in effect only at 12 mil, or approximately 24,000 amos.
The Rambam himself explains, however, (in responsa 310, quoted in Mishneh Torah, Kapach ed., p. 575) that there is no contradiction between his two works. Sefer Hamitzvos is meant only to give a general description of the mitzvah, so he did not mention the two categories. Mishneh Torah, on the other hand, gives all the relevant halachic details. See also Introduction to Sefer Hamitzvos.
3.In Mishneh Torah (ibid.), the Rambam explains that this area is considered within the suburbs of the city (see Num. 35:5).
4.17b.
5.With this quote, the Rambam proves that this mitzvah in included in the count of the 613 mitzvos.
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: Teshuvah - Chapter OneTeshuvah - Chapter One
HILCHOT TESHUVAH
[This text describes] one mitzvah; that a sinner should repent from his sin before God and confess.
This mitzvah and the fundamental principles [of faith] that follow in relation to itlare explained in the coming chapters.
Halacha 1
If a person transgresses any of the mitzvot of the Torah, whether a positive command or a negative command - whether willingly or inadvertently - when he repents, and returns from his sin, he must confess before God, blessed be, He as [Numbers 5:6-7] states: "If a man or a woman commit any of the sins of man... they must confess the sin that they committed."
This refers to a verbal confession. This confession is a positive command.
How does one confess: He states: "I implore You, God, I sinned, I transgressed, I committed iniquity before You by doing the following. Behold, I regret and am embarrassed for my deeds. I promise never to repeat this act again."
These are the essential elements of the confessional prayer. Whoever
confesses profusely and elaborates on these matters is worthy of praise.
Those who bring sin offerings or guilt offerings must also [confess their sins] when they bring their sacrifices for their inadvertent or willful transgressions. Their sacrifices will not atone for their sins until they repent and make a verbal confession as [Leviticus 5:5] states: "He shall confess the sin he has committed upon it."
Similarly, those obligated to be executed or lashed by the court do not attain atonement through their death or lashing unless they repent and confess. Similarly, someone who injures a colleague or damages his property, does not attain atonement, even though he pays him what he owes until he confesses and makes a commitment
never to do such a thing again as implied by the phrase [Numbers, loc. cit..], "any of the sins of man."
Halacha 2
Since the goat sent [to Azazel] atones for all of Israel, the High Priest confesses upon it as a spokesman for all of Israel as [Leviticus 16:21] states: "He shall confess upon it all the sins of the children of Israel."
The goat sent to Azazel atones for all the transgressions in the Torah, the severe and the lighter [sins]; those violated intentionally and those transgressed inadvertently; those which [the transgressor] became conscious of and those which he was not conscious of. All are atoned for by the goat sent [to Azazel].
This applies only if one repents. If one does not repent, the goat only atones for the light [sins].
Which are light sins and which are severe ones? The severe sins are those for which one is liable for execution by the court or karet. False and unnecessary oaths are also considered severe sins even though they are not [punished by]karet. [The violation of] the other prohibitions and [the failure to perform] positive commandments that are not punishable by karet are considered light [sins].
Halacha 3
At present, when the Temple does not exist and there is no altar of atonement, there remains nothing else aside from Teshuvah.
Teshuvah atones for all sins. Even a person who was wicked his whole life and repented in his final moments will not be reminded of any aspect of his wickedness as [Ezekiel 33:12] states "the wickedness of the evil one will not cause him to stumble on the day he repents his wickedness."
The essence of Yom Kippur atones for those who repent as [Leviticus 16:30] states: "This day will atone for you."
Halacha 4
Even though Teshuvah atones for all [sins] and the essence of Yom Kippur brings atonement, [there are different levels of sin and hence, differences in the degree of atonement.] There are sins that can be atoned for immediately and other sins which can only be atoned for over the course of time. What is implied?
If a person violates a positive command which is not punishable by karet and repents, he will not leave that place before he is forgiven. Concerning these sins, [Jeremiah 3:22] states: "Return, faithless children! I will heal your rebellious acts."
If a person violates a prohibition that is not punishable by karet or execution by the court and repents, Teshuvah has a tentative effect and Yom Kippur brings atonement as [Leviticus, loc. cit. states "This day will atone for you."
If a person violates [sins punishable by] karet or execution by the court and repents, Teshuvah and Yom Kippur have a tentative effect and the sufferings which come upon him complete the atonement. He will never achieve complete atonement until he endures suffering for concerning these [sins, Psalms 89:33] states: "I will punish their transgression with a rod."
When does the above apply: When the desecration of God's name is not involved in the transgression. However, a person who desecrated God's name, even though he repented, Yom Kippur arrived while he continued his repentance, and he experienced suffering, will not be granted complete atonement until he dies. The three: repentance, Yom Kippur, and suffering have a tentative effect and death atones as [Isaiah 22:14] states: "It was revealed in my ears [by] the Lord of Hosts, surely this iniquity will not be atoned for until you die."
____________________________
Rambam:
• 3 Chapters a Day: Eruvin - Chapter Six, Eruvin - Chapter Seven, Eruvin - Chapter Eight
Eruvin - Chapter SixHalacha 1
When a person leaves a city on Friday afternoon and deposits food for two meals at a distance from the city,1 but within its Sabbath limits,2 and by doing so establishes this as his place for the Sabbath, it is considered as if his base for the Sabbath is the place where he deposited the food for two meals, even if he returns to the city [before the commencement of the Sabbath] and spends the night in his home. This is called an eruv t'chumin.3
Halacha 2
On the following day, the person may walk two thousand cubits4 from [the place of] his eruv in all directions.5 Accordingly, when a person walks two thousand cubits from his eruv on the following day within his city, he may walk only to the end of his limit. If, however, the entire city is included within his limit, the city is considered as if it were only four cubits, and he may continue to the end of his limit beyond the city.6
Halacha 3
What is implied? When a person places his eruv one thousand cubits to the east of his house in a city, he may walk two thousand cubits eastward from the place of his eruv on the following day. He may also walk two thousand cubits to the west, one thousand from the eruv to his house, and one thousand from his house westward. He may not walk to the end of the city [limits, if they are] beyond the thousand cubits.
If there are less than one thousand cubits from his house to the boundaries of the city7 - even if his Sabbath limits end one cubit outside the city - the entire city is considered to be four cubits, and he may proceed 996 cubits beyond it to complete [his Sabbath limits of] two thousand [cubits].
Halacha 4
According [to this principle], if a person placed his eruv two thousand cubits [towards the east] of his house in a city, he would lose [the possibility of walking] throughout the entire [area of] the city [to the west]. Thus, he would be permitted [to walk] two thousand cubits from his house to his eruv and from hiseruv two thousand cubits further. He may not walk even one cubit to the west of his house in the city.8
When a person places his eruv in a private domain - even if it is a metropolis like Nineveh, the ruins of a city, or a cave that is fit to be used as a dwelling - he is permitted to walk throughout its entire area and two thousand cubits beyond it in all directions.9
Halacha 5
If a person deposits his eruv within the city in which he is spending the Sabbath, his actions are of no consequence and his [Sabbath limits] should not be measured from his eruv.10 Instead, he is like the other inhabitants of the city, and may proceed two thousand cubits in all directions outside the city.
If a person deposits his eruv in the outlying areas that are included within the city's boundaries, and the calculation of [the city's] Sabbath limits begins beyond these areas,11 it is as if he had deposited it within the city [proper].
If a person deposits his eruv beyond the city's Sabbath limits, it is not considered to be a [valid] eruv.12
Halacha 6
An eruv t'chumin should be established only for a purpose associated with a mitzvah13 - e.g., a person who desires to go to the house of a mourner, to a wedding feast, to greet his teacher or to greet a colleague returning from a journey, or the like.14
[Similarly, one may establish an eruv t'chumin] out of fear - e.g., a person who seeks to flee from gentiles, from thieves or the like. If a person establishes aneruv for other reasons,15 his eruv is still valid.16
Halacha 7
All foods that may be used for a shituf may also be used for an eruv t'chumin.17Similarly, all foods that may not be used for a shituf are also unacceptable for an eruv t'chumin.
What is the minimum measure of food acceptable for an eruv t'chumin? The [amount of] food [sufficient] for two meals for every individual.18 When the food in question is a side dish,19 the minimum measure is an amount sufficient to accompany two meals - [i.e., it is governed by] the same [laws] as a shituf.
Halacha 8
It is necessary for [the place where] a person [intends to spend the Sabbath]20and his eruv to be in the same domain, so that it is possible for him to partake of it beyn hash'mashot.21
Therefore, if the person intends to spend the Sabbath in a public domain and places his eruv in a private domain, or if he [intends to spend the Sabbath in a] private domain and places his eruv in a public domain, the eruv is not valid. For it is impossible to transfer articles from a private domain to a public domain without performing a transgression.
Halacha 9
If, however, a person intends to spend the Sabbath in a private domain or in a public domain, and he places his eruv in a carmelit, or he intends to spend the Sabbath in a carmelit, and he places his eruv in a private domain or in a public domain, the eruv is acceptable. For during beyn hash'mashot, the time when the eruv is established, it is permitted to transfer articles from either of these domains to a carmelit for the sake of a mitzvah.
All the [prohibitions] instituted because of a Rabbinic decree were not appliedbeyn hash'mashot in a situation involving a mitzvah22 or in a case of urgent need.23
Halacha 10
[The following rule applies when a person] places his eruv in a closet, locks it, and then loses the key: If he can remove his eruv without performing a labor that is forbidden by the Torah, it is valid.24
If a person places his eruv at the top of a reed or a shaft that grows from the earth, it is not valid. This is a decree, lest he break off [the reed].25 If [these articles] were already detached and were implanted [in the ground], the eruv is valid.26
Halacha 11
Whenever a person deposits an eruv, he is granted four cubits [in which to carry] at the place of the eruv. Thus, if a person places an eruv t'chumin at the end of the Sabbath limits, and then the eruv rolled two cubits beyond the Sabbath limits,27 the eruv is valid; it is not considered to have left its [original] place.
If, however, the eruv rolls more than two cubits [beyond the Sabbath limits], it is not valid, for it is beyond the Sabbath limits. And [as stated previously,]28 when an eruv is placed beyond a person's Sabbath limits, it is invalid, since the person is unable to reach his eruv.
Halacha 12
The following rules apply when] an eruv rolled [more] than two cubits beyond the Sabbath limits,29 it became lost or burned, or it contained terumah and it became impure:30 If this occurred before the commencement of the Sabbath, the eruv is invalid. If it occurred after nightfall, it is valid. For an eruv is established beyn hash'mashot.31
If one is in doubt [when the above occurred], the eruv is valid, for when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.32Therefore, if the eruv was eaten beyn hash'mashot, it is acceptable.
Halacha 13
[The above rules are relevant in the following situation:] Two individuals told a person,33 "Go and establish an eruv on our behalf." He established an eruv for one before the commencement of the Sabbath, and for the other, beyn hash'mashot. The eruv that was established before the commencement of the Sabbath was eaten beyn hash'mashot, and the eruv that was established beyn hash'mashot was eaten after nightfall.34
[The ruling is that] both eruvin are valid.35 For [the halachic status of] beyn hash'mashot is a matter of doubt,36 and when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.37 Nevertheless, if there is a question whether or not it is past nightfall, at the outset one should not proceed to establish an eruv.38 [After the fact,] if one established an eruv, it is valid.
Halacha 14
Although an avalanche falls on an eruv before the commencement of the Sabbath, it remains acceptable provided it can be removed without performing a [forbidden] labor. For it is permissible to remove it beyn hash'mashot,39, which is the time when the eruv is established.
If the avalanche fell on it after nightfall, it is also valid, even if it cannot be removed without performing a [forbidden] labor.40 If there is a doubt whether [the avalanche] fell before the commencement of the Sabbath or after nightfall, it is acceptable, because when there is a doubt [with regard to the validity of] aneruv, it is considered acceptable.
Halacha 15
If, however, one established an eruv with terumah concerning which there was a doubt about its ritual purity,41 the eruv is invalid, for the meal is not fit to be eaten.42
[Similarly, an eruv is invalid in the following situation]: A person possessed two loaves of bread that were terumah. One of them was pure and one was impure, but he did not know which was pure and which was impure. Although he said, "The [loaf] that is pure, whichever it is, will serve as my eruv," the eruv is invalid, for the meal is not fit to be eaten.43
Halacha 16
If a person said: "This loaf of bread is not consecrated today, but it will be consecrated tomorrow," [and uses the loaf for an eruv,] the eruv is valid. Forbeyn hash'mashot, it had not as yet become definitely consecrated, and thus it was fit to be eaten before commencement of the Sabbath.
If, however, he said, "Today it is consecrated, and tomorrow it is not consecrated," it may not be used for an eruv, for it is fit [to be eaten] only after nightfall.44
Similarly, if one set aside terumah and made a stipulation that it will not becometerumah until nightfall, it may not be used for an eruv. For throughout beyn hash'mashot it is tevel45 [which may not be eaten], and it is necessary for the meal [set aside as the eruv] to be fit to be eaten before the commencement of the Sabbath.46
Halacha 17
When an eruv is placed in a cemetery, it is invalid. [The rationale is that] it is forbidden to derive benefit from a cemetery.47 Since the person desires that theeruv be preserved there after it was established, he is deriving benefit [from the cemetery].48
If the eruv is placed in a beit hap'ras,49 it is valid. This applies even to a priest, for he can enter [the beit hap'ras in an elevated [closed] compartment,50 or he may sift through its earth51 [and proceed to his eruv].
Halacha 18
[These rules should be followed when] many desire to join together in an eruv t'chumin: They should each contribute enough food for two meals52 and place [the food] in a single container in [whichever] place they choose.53
If one person desires to make an eruv on behalf of many others, he must grant them a share by means of another person54 and notify them. [This is necessary because] an eruv t'chumin may not be established on a person's behalf unless he consents,55 since it is possible that he will not desire to have the eruv made in the direction chosen by the other person.
If the person is notified before the commencement of the Sabbath,56 the eruv is acceptable even though he did not express his consent until after nightfall.57 If he was not notified of the eruv until after nightfall, he may not rely on it, for aneruv may not be established after nightfall.
Halacha 19
All the individuals entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot58 are also entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
Conversely, all the individuals who are not entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot are also not entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
Halacha 20
A person may give a ma'ah to a homeowner with the intent that [the latter] buy a loaf of bread for him and establish an eruv t'chumin on his behalf.59 [And we assume that the eruv has been established.] If, however, he gives [money] to a storekeeper or a baker, and tells him: "[Have someone] acquire a share on my behalf," we [do not assume that] an eruv has been established.60
[Even with regard to a storekeeper,] if he tells him: "Establish an eruv for me with this ma'ah," [we assume that the storekeeper] will buy bread or other foodstuffs with the money and establish an eruv on his behalf.61 If the person gave [a storekeeper] a utensil, and told him: "Give me food in exchange for this and establish an eruv [with that food] on my behalf," [we assume that he] will purchase the food and establish the eruv on his behalf.62
Halacha 21
A person may establish an eruv t'chumin on behalf of his sons and daughters who are below the age of majority63 and on behalf of his Canaanite servants and maidservants64 - with or without their knowledge.65 Therefore, if he has established an eruv for them and they have established an eruv on their own behalf, they should rely on [the eruv] established by their master.
A person may not, by contrast, establish an eruv for his sons and daughters who have passed majority, for his Hebrew servants and maidservants, or for his wife, without their consent.66 [This applies] even if they eat at his table.
If he established an eruv on their behalf, and they heard and remained silent without objecting, they may rely on the eruv that he established.67 If, however, he established an eruv for one of these people and [that person] established aneruv for himself, there can be no greater objection than this, and [that person] should rely on his own eruv.
A child of six years old or less may be taken out, relying on the eruv established for his mother.68 There is no need to set aside a separate amount of food equivalent to two meals for him.
Halacha 22
A person has the option of sending his eruv with an agent [whom he has instructed to] deposit it in the location that he desires to define as his place for the Sabbath.69 He should not, however, send [the eruv] with a deaf-mute, a mentally incompetent individual, or a child,70 nor with a person who does not accept the mitzvah of eruv.71 If he sends the eruv with one of these individuals, it is not acceptable.
If, however, he sent [the eruv] with one of these individuals [with instructions for them] to bring it to a person who is acceptable [to act as an agent], so that the latter would take it and deposit it in the [desired] location, [the eruv] is acceptable. Indeed, even if he sent [the eruv] via a monkey or an elephant [it would be acceptable]. [There is, however, one stipulation: the person sending the eruv] must watch from afar until he sees the person who is unfit [to serve as an agent or the animal] reach the person who is fit [to serve as an agent], whom he has instructed to deposit the eruv.72
Similarly, many individuals who have joined together in an eruv t'chumin have the option of sending their eruv via an agent if they desire.
Halacha 23
When one person or a group of people tell another person, "Go out and make an eruv on our behalf," and the person does so, choosing the direction in which to make the eruv himself, the eruv is acceptable.73 They may rely on it,74 for they did not specify the direction [they desired].
When a person says, "Establish an eruv for me with dates," and [his agent] establishes with dried figs, or he mentions dried figs, and [the agent] uses dates, the eruv is not acceptable. Similarly, if the person asked that the eruv be placed in a closet and it was placed in a dovecote, or [he asked that it be placed] in a dovecote, and it was placed in a closet, or [he asked that it be placed] in a house, and it was placed in a loft, or [he asked that it be placed] in a loft, and it was placed in a house, the eruv is not acceptable.75
If, however, the person told [the agent], "Establish an eruv for me," without making any specifications, the eruv is acceptable regardless of whether he used dried figs or dates, or deposited it in a house or in a loft.
Halacha 24
Just as a blessing is recited [before] establishing an eruv in a courtyard or ashituf in a lane,76 so too, a blessing is recited [before establishing] an eruv t'chumin.77
[After reciting the blessing,] one should say:78 "With this eruv, it will be permissible for me to proceed two thousand cubits in every direction from this location."
If he is establishing the eruv on behalf of many individuals, he should say, "With this eruv, it will be possible for 'so and so'..." or "for the people of this community..." or "for the inhabitants of this city to proceed two thousand cubits in every direction from this location."
FOOTNOTES
1.
Note Chapter 7, Halachah 1, which states that one may establish an eruv t'chumin by actually going on Friday afternoon to the location one desires to establish as one's place for the Sabbath. The possibility of depositing food was instituted by our Sages to expedite the process of establishing an eruv t'chumin, by allowing a person to have an agent deposit food for him.
2.
See Halachah 5 regarding both these factors.
3.
In his introduction to these halachot, the Maggid Mishneh questions why two seemingly separate concepts, eruv chatzerot and eruv t'chumin, are considered to be part of the same mitzvah and are described together. He explains that since both are Rabbinic ordinances that involve placing food in a specific place so that the place will be considered to be one's base for the Sabbath, they can be considered to be a single mitzvah.
4.
A cubit is 48 centimeters according to Shiurei Torah and 57.6 centimeters according to theChazon Ish.
5.
A person is always allowed to proceed 2000 cubits in all directions from the place where he spends the Sabbath. (See Hilchot Shabbat 27:1.) Since the place where the person's eruv is located is considered his base for the Sabbath, his 2000 cubits are calculated from this place.
6.
The Rambam's statements here parallel his statements in Hilchot Shabbat 27:5, which explain that if a person's Sabbath limits end within a private domain, he is not entitled to proceed to the end of the domain. If, however, that domain is included within his 2000 cubits, it is considered to be only four cubits.
The Ramah (Orach Chayim 408:1) quotes the view of the Tur, the Hagahot Maimoniot, and other Ashkenazic authorities, who differ and maintain that one is allowed to proceed to the end of the private domain, even if it is further than 2000 cubits from one's eruv t'chumin. The Mishnah Berurah 408:12 mentions that many authorities support this ruling. See note 8.
7.
The Maggid Mishneh (in his gloss on this halachah and on Hilchot Shabbat 27:5) mentions the fact that when one establishes the Sabbath limits of a city, an imaginary square is constructed around the furthermost points in the city's area, and the Sabbath limits are calculated from that square. Thus, it is possible that land that is outside the city's urban limits may still be within the square from which its Sabbath limits are calculated.
Although a leniency is used in the calculation of the city's Sabbath limits, and these outlying areas are considered to be part of the city proper, this leniency is not turned into a stringency. If a person's 2000 cubits end beyond the city's urban area, but not beyond these outlying areas, the city is considered to be included within his Sabbath limits, and thus only four cubits in length. This concept is quoted by the Ramah (Orach Chayim 408:1).
8.
As mentioned above, the Tur and the Ramah (Orach Chayim 408:1) differ with the Rambam on this point and allow a person to walk throughout the entire city where his house is located, provided he sleeps in his home (Mishnah Berurah 408:11).
9.
The rationale for this decision can be explained as follows: As explained in Hilchot Shabbat 27:1, the prohibition against proceeding more than 2000 cubits from one's place of residence on the Sabbath is derived from the verse (Exodus 16:29): "No man should leave his place on the seventh day." The term "his place" refers to the private domain in which he is located, regardless if it be a house, a city, or any other location.
By making an eruv t'chumin, a person redefines the location of "his place" on the Sabbath. Even if he is not located at that place at the commencement of the Sabbath or shortly thereafter, the location where he deposits his eruv is considered to be "his place" for this Sabbath. Therefore, if that location is a private domain, that entire domain is considered to be "his place," and the calculation of his Sabbath limits begins from its boundaries.
10.
If his acts had been considered significant, he would have decreased his Sabbath limits, and not increased them. For without the eruv, he would be allowed to proceed two thousand cubits from the city limits. This follows the Rambam's conception, in contrast to that of the Tur mentioned above.
11.
In Hilchot Shabbat 27:5 (see also note 6), it is explained that the Sabbath limits of a city are calculated from an imaginary square that may include several uninhabited areas in the city's periphery. If the eruv is placed in these outlying areas, it is as if it were placed in the city proper.
12.
Since the eruv is beyond his Sabbath limits, i.e., over 2000 cubits from the city's periphery, he may not reach it during beyn hash'mashot, the time when the acquisition of the eruv takes effect (Mishnah Berurah 408:30). Therefore, the eruv is not valid. Instead, his Sabbath limits are defined from his home (Ramah, Orach Chayim 408:4).
13.
The Maggid Mishneh quotes the Rashba as saying that this applies only when one establishes one's eruv by using food. If, however, one actually walks to a place beyond a city's boundariesbeyn hash'mashot, and in this manner establishes this location as one's place for the Sabbath, it is acceptable even if one's intent is not associated with a mitzvah. Although this view is not accepted by all authorities, the Mishnah Berurah 415:1 rules that in a pressing situation, one may rely on the more lenient view.
14.
The expression "a purpose associated with a mitzvah" is used in a very extended sense in this context. As an example, the Ramah (Orach Chayim 415:1) mentions a desire to take a stroll in a pleasant orchard.
15.
E.g., to proceed toward the end of one's Sabbath limits, so that one will be closer to a destination to which one desires to travel for business purposes after the Sabbath.
16.
Although this is a matter of disagreement among the Rabbis, the Shulchan Aruch (Orach Chayim415:1) follows the Rambam's view.
It must be emphasized that the "fear" mentioned by the Rambam refers to a situation when there is not an obvious danger to the person's life. Were that to be the case, he would be allowed to proceed beyond the 2000 cubits even if he had not established an eruv, for a threat to life takes precedence over the observance of all the Torah's laws with the exception of idol worship, sexual immorality, and murder.
17.
In contrast to an eruv chatzerot, for which bread alone may be used, all foods may used for aneruv t'chumin and a shituf, with the exception of water, salt, and mushrooms (Chapter 1, Halachah 8).
18.
See Chapter 1, Halachah 9. There is, however, a distinction. Regarding a shituf, even when there are thousands of inhabitants involved, it is necessary to provide two meals only for eighteen people. In contrast, regarding an eruv t'chumin, food must be set aside for every person who desires to use the eruv.
19.
See Chapter 1, Halachah 10.
20.
This does not mean the person's home, or the place where he is standing beyn hash'mashot, but rather the place where he would partake of his eruv. There are times when it is impossible for him to partake of the eruv in the domain in which it is located - to cite the example given by the Mishnah, Eruvin 3:3: the eruv was placed in a tree more than ten handbreadths above the ground. In such instances, since it is not permissible to carry the eruv from the place where it was deposited to the place where the person would partake of it, the eruv is not valid.
21.
This is the time when the Sabbath commences, and it is at this hour that the eruv must be established.
22.
See Hilchot Shabbat 24:10.
23.
And, as mentioned in Halachah 6, it is only in situations such as these that it is permissible to establish an eruv t'chumin.
24.
If, however, he must perform a labor forbidden by the Torah to obtain the eruv, it is not valid. (See Chapter 1, Halachah 22.)
25.
Although Rabbinic prohibitions are not normally enforced beyn hash'mashot when a mitzvah is involved, our Sages maintained their decree in this instance. For one might think that the reed has already been detached, and it is likely that one might break it (Rambam's Commentary on the Mishnah, Eruvin 3:3).
26.
Provided that they are not implanted in the public domain and there is not a basket, four handbreadths by four handbreadths, at their top (Mishnah Berurah 409:14).
27.
The Ra'avad objects to the Rambam's ruling, noting that the matter is the subject of a difference of opinion between our Sages (Eruvin 45a): Rabbi Eliezer maintains that a person is considered to be located in the midst of the four cubits he is granted. Therefore, as the Rambam states here, he is granted only two cubits in either direction. Rabbi Yehudah differs and maintains that he is granted four cubits in either direction. It is Rabbi Yehudah's view that is accepted as halachah.
The Maggid Mishneh notes that in Hilchot Shabbat 12:15 and 27:11, the Rambam follows Rabbi Yehudah's view. There is, the Maggid Mishneh maintains, a difference between the ruling regarding the laws of carrying and the ruling regarding the Sabbath limits. His distinction is explained by the Radbaz (Vol. VI, Responsum 2237), who states that for an eruv t'chumin to be effective a person must be able to reach it while standing within the Sabbath limits. If the eruv is within two cubits of the Sabbath limits, the person can bend over and reach it. If it is further away, he would have to leave his Sabbath limits to reach it. Hence, it is not valid.
The Ra'avad's decision is quoted by the Shulchan Aruch (Orach Chayim 409:5).
28.
Halachah 5.
29.
As explained in the previous halachah.
30.
Impure terumah may not be eaten.
31.
If it is valid at this time, what happens to it afterwards is of no consequence (Rambam's Commentary on the Mishnah, Eruvin 3:4).
32.
Since the eruv was acceptable when deposited, it is granted a chezkat kiyyum - i.e., we assume that the status quo remained the same and that it remained acceptable until immediately before the difficulty was discovered (ibid.).
(Although the Rambam mentions this concept in his Commentary on the Mishnah, his ruling in the following halachah implies that he does not accept this as a hard and fast rule.)
33.
They both empowered him to act as a shaliach (agent) and establish an eruv for them.
34.
This situation represents a paradox: If beyn hash'mashot is considered to be before the commencement of the Sabbath, the eruv that was eaten beyn hash'mashot is not valid. If beyn hash'mashot is considered to be after the commencement of the Sabbath, the eruv that was established beyn hash'mashot is not valid.
35.
If, however, the eruv that was established beyn hash'mashot was eaten beyn hash'mashot, it is not valid. (See Shulchan Aruch, Orach Chayim 393:3.)
36.
Beyn hash'mashot is the period between sunset and the appearance of three stars. There is a question if this period is considered to be part of the day or part of the night. See Hilchot Shabbat5:4.
37.
This ruling (based on Shabbat 34a) reflects a difference of opinion among the Rabbis. As mentioned in the notes on the previous halachah, most authorities maintain that an eruv t'chumin(in contrast to an eruv chatzerot) is acceptable when there is a doubt involved, only because it possesses a chezkat kiyyum - i.e., we knew that it was acceptable beforehand, and we presume that its status remained the same until we know otherwise. (See also Halachah 15.)
Therefore, other authorities (Rabbenu Chanan'el, Rabbenu Tam, Rashba) interpret this law as referring to an eruv chatzerot. There a chezkat kiyyum is not necessary, for an eruv chatzerot is only a Rabbinic institution (in contrast to an eruv t'chumin, which involves a prohibition that has its source in the Torah itself).
Nevertheless, it is possible to justify the Rambam's decision, for the prohibition against going beyond two thousand cubits is Rabbinic in origin (Hilchot Shabbat 27:1). Accordingly, since we are sure that the food set aside for the eruv can be eaten before the commencement of the Sabbath, and the doubt is merely whether the eruv was made at the proper time, the question concerns a matter of Rabbinic law. Therefore, we follow the principle, "Whenever there is a doubt concerning a point of Rabbinic law, the more lenient opinion is followed."
The Shulchan Aruch (Orach Chayim 415:3) quotes both views (although the Rambam's appears to be favored). The Mishnah Berurah 415:11 favors the other view.
38.
Although at the outset, an eruv chatzerot may be established beyn hash'mashot (see Chapter 1, Halachah 21), the laws regarding an eruv t'chumin are more severe (Rambam's Commentary on the Mishnah, Shabbat 2:6).
39.
Although the stones are muktzeh and removing them on the Sabbath would be forbidden, since a mitzvah is involved there is no prohibition against removing them beyn hash'mashot.
40.
For at the time the eruv was established it was valid, and what happens afterwards is of no consequence. (See also Chapter 1, Halachah 21.)
41.
As mentioned above, it is forbidden to partake of terumah if it is ritually impure. In this instance, however, there is a doubt and we do not know if, in fact, the terumah has contracted ritual impurity or not.
42.
With this phrase, the Rambam clarifies his position with regard to a question asked by many authorities based on the situation described in Halachah 13. As mentioned in the notes on that halachah, many authorities maintain that an eruv is considered acceptable when there is a doubt regarding its validity only when it possesses a chezkat kiyyum. As proof, they point to this law, which appears to indicate that the eruv is not considered acceptable because it was never known to be valid.
The Rambam explains that the reason why the eruv is not acceptable in this instance is not that it lacks a chezkat kiyyum, but because it may never be eaten. Because of the doubt involved, it is forbidden to partake of this loaf.
To summarize, in the instances mentioned in the previous halachot, the doubt revolves around the acceptability of the eruv. Therefore, we follow the principle, "when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable." In this halachah, the doubt is whether theterumah may be eaten. This is a question of Torah law, and we are required to rule stringently (Noda BiY'hudah, Yoreh De'ah, Vol. I, Responsum 65).
43.
Although there is a pure loaf there, since we do not know which loaf it is, the meal is not fit to be eaten.
44.
We are not certain that the sanctity with which it had been endowed has departed until nightfall. At that time, it is too late to establish an eruv.
45.
Food from which terumah and/or the other agricultural requirements were not separated. It is forbidden to be eaten until these separations are made.
46.
See Chapter 1, Halachah 22.
47.
This ruling is the subject of a debate among our Sages (Eruvin 26b). The Rambam follows the more stringent view. Although other authorities accept the more lenient ruling, the Shulchan Aruch(Orach Chayim 409:1) cites the Rambam's decision. (See Be'ur Halachah.)
48.
The difficulty is not in the actual placement of the eruv beyn hash'mashot, for the placement of aneruv is a mitzvah and the mitzvot were not given for our personal benefit. The difficulty arises afterwards. Since the person desires that the eruv be maintained in the cemetery, he is deriving benefit from it. Hence, it is forbidden to establish an eruv in this manner (Eruvin 31a; Rambam's Commentary on the Mishnah, Eruvin 3:1).
(See the gloss of Rabbi Akiva Eiger, who asks why the eruv is unacceptable. Although it is forbidden to derive benefit from the cemetery in this manner, the fact that a person violates this prohibition should not invalidate his eruv.)
49.
A field or yard that was plowed despite the fact that a grave was located there. Our Sages feared that some of the bones of the corpse became strewn throughout the field. Hence, they considered it to be impure ground (Hilchot Tum'at Meit 10:1).
50.
A compartment carried by other people or animals. Since there is a board below him, he does not contract ritual impurity when he passes above a grave or a corpse (tum'at ohel). (See the Rambam's Commentary on the Mishnah, ibid..)
51.
Our translation is based on the Rambam's Commentary on the Mishnah (ibid.). Others explain that this refers to blowing away any chips of bone.
52.
In contrast to an eruv chatzerot, the equivalent of two meals is required for every participant in theeruv, regardless of the number of the participants. The rationale is that through depositing theeruv, the person establishes the place in which he has deposited it as his "place" for the Sabbath. This must be done for every person participating in the eruv (Rambam's Commentary on the Mishnah, Eruvin 8:1).
53.
Note the parallel to Chapter 1, Halachah 17.
54.
As in Chapter 1, Halachah 20.
55.
In contrast to an eruv chatzerot, which, in most circumstances, is considered to be a benefit to a person unless he explicitly objects, an eruv chatzerot is dependent on the person's consent. For by extending his Sabbath boundaries in one direction, it reduces them in the other direction.
56.
The Mishnah Berurah 413:6 cites opinions that state that it is acceptable if one received notification beyn hash'mashot.
57.
Eruvin 82a, explains that thisis dependent on the principle of b'reirah - i.e., when a person decides to rely on the eruv retroactively, it becomes clarified that this was his original intent.
58.
See Chapter 1, Halachah 20.
59.
In contrast to a storekeeper or a baker, we assume a private person will fulfill the request made of him.
Generally, our Sages ordained that even when a purchaser has already paid for the item he purchased, the transaction is not finalized until he draws the item he purchased after him [(meshichah), Hilchot Mechirah 3:1]. In this instance, they allowed leniency, accepting the Torah's ruling that a sale is finalized by the purchaser's payment of money.
60.
For it is possible that the storekeeper will forget and not have another person acquire a share in the eruv (Rambam's Commentary on the Mishnah). Note the Maggid Mishneh, who offers a different explanation.
See also the Tur and the Shulchan Aruch (Orach Chayim 369:1), who interpret these laws as referring to an eruv chatzerot and do not mention them within the context of an eruv t'chumin.
61.
Since the person makes an explicit statement, we assume that the storekeeper will remember to do so.
62.
The Maggid Mishneh explains that, in contrast to a transaction made with money, a transaction made by exchanging articles is completed at the moment of the exchange. (See Hilchot Mechirah5:1.) Therefore, the bread belongs to the person and can be used for the eruv.
Based on the Rambam's Commentary on the Mishnah cited previously, Rav Kapach offers a different interpretation: that since he will have to appraise the utensil or sell it, the storekeeper will remember to establish the eruv.
63.
Children below the age of majority do not have an independent halachic status.
64.
Canaanite servants are obligated to fulfill all the negative commandments of the Torah (including the obligation to keep the Sabbath limits). They are not, however, granted any independent decision-making capacity, and instead are considered as their owner's property.
65.
The Shulchan Aruch 414:1 states that this ruling applies even if they do not depend on their father or master for their sustenance.
66.
All these individuals possess the halachic right to make their own decisions, and their relationship with their father, master, or husband is no different from that between two other individuals.
67.
Since there is a high probability that these individuals will desire to rely on this eruv, there is no need for them to express their consent. The failure to object is sufficient. The Mishnah Berurah414:4 adds a further leniency. Even if they were not notified about the eruv until after nightfall, since it can be assumed that they will desire to rely on the eruv, it is acceptable.
68.
In other halachic contexts as well (see Hilchot Sukkah 6:1), a child is considered to be dependent on his mother until the age of six. (See the Mishnah Berurah 414:7, which cites other opinions that require a separate eruv to be established for a child below the age of six.)
69.
And having charged the agent with this mission, he can rely on the agent to have deposited theeruv. He need not check to see if he has, in fact, done so (Eruvin 32b).
70.
These individuals are not considered to be responsible for their actions and may not serve as agents. There is, however, a difference regarding an eruv chatzerot, for in that context, all that is necessary is that they collect the food.
71.
I.e., a Sadducee or a Samaritan (Rambam's Commentary on the Mishnah, Eruvin 3:2). Needless to say, a gentile may not serve in this capacity, for he can never serve as an agent.
72.
The only reason it is necessary for him to watch is so that he knows that the eruv has in fact reached his agent (Eruvin, ibid.).
73.
The Maggid Mishneh explains that since this is a question of Rabbinic law, the principle of b'reirahis employed. This means that retroactively, it is considered that the decision made by the agent expressed the intent of the person who charged him with establishing the eruv.
74.
Even if they did not know the direction in which the eruv was established until after nightfall (Maggid Mishneh, Mishnah Berurah 409:52).
75.
Because the agent did not carry out the instructions given to him. These rulings apply regardless of whether the agent establishes the eruv with food belonging to him or with food belonging to the person who sent him (Mishnah Berurah 409:53).
76.
Chapter 1, Halachah 16. The very same blessing is recited for an eruv t'chumin. See also the notes on that halachah, which explain why a blessing is recited before the performance of a Rabbinic commandment.
77.
Note the Ra'avad, who objects to the recitation of a blessing for this mitzvah, for in contrast to other Rabbinic mitzvot, the institution of an eruv t'chumin does not introduce any new practice. Even an eruv chatzerot makes one conscious of the prohibition against carrying in a public domain. An eruv t'chumin, by contrast, merely grants a person a leniency.
The Maggid Mishneh explains the rationale for the Rambam's ruling. In practice, as stated in theShulchan Aruch (Orach Chayim 415:4), the custom is to recite a blessing.
78.
Note the Mishnah Berurah 415:15, which states that if a person fails to make a statement of this nature, the eruv is not acceptable. As mentioned in the notes on the following chapter, this applies, however, only when one has deposited food for the eruv, and not when one has actually walked there oneself.
See also the Mishnah Berurah 415:16, which mentions that in his statement the person should specify that he is establishing the eruv for the following day, or for all the Sabbaths of the coming year.
Eruvin - Chapter Seven
Halacha 1
When a person left his city on Friday and stood in a specific place within the Sabbath limits, or at the end of the Sabbath limits, and said,1 "This is my place for the Sabbath," although he returns to his city and spends the night there, on the following day he is permitted to walk two thousand cubits from that place in every direction.
This is the principal manner [of establishing] an eruv t'chumin - actually to go there by foot.2 [The Sages allowed] one to establish an eruv by depositing an amount of food sufficient for two meals in the place - although one did not actually go there and stand there - to expedite matters for a rich person, so that he will not have to travel by himself, and could instead send his eruv with an agent who will deposit it for him.
Halacha 2
Similarly, when a person decides to establish his place for the Sabbath in a specific location - e.g., at a tree, a house, or a fence that he can identify, and at nightfall:
a) there are two thousand cubits or less between him and that place; and
b) he sets out to reach that place and establishes it to be his place for the Sabbath,
on the following day, he may proceed to that desired location and continue two thousand cubits in all directions. [Moreover, this law applies] even when he did not actually reach that place or stand there, but instead a friend had him turn back and spend the night at his home, or even if he himself decided to turn back, or was prevented [from going there by other factors].
[The rationale is that] since he made a resolve to establish [that location] as his place for the Sabbath, and set out for that purpose, it is considered as if he stood there or deposited his eruv there.
Halacha 3
When does the above apply? To a poor person, for we do not burden him [with the obligation of] depositing an eruv, or to a person who is in a distant place - e.g., a person on a journey who is afraid that soon night will fall. [This leniency is granted] provided there is enough time in the day for him to reach the designated place before nightfall - if he ran with all of his strength - and there are two thousand cubits or less between him and that place at nightfall.3
If, however, he was not far from the place in question,4 nor was he a poor man, or
there was not enough time in the day for him to reach the designated place before nightfall if he ran with all of his strength, or
there were more than two thousand cubits between him and that place at nightfall, or
he did not specify the location he intended as his place for the Sabbath,5
he is not able to designate a distant location as his place for the Sabbath. Instead, he is granted no more than two thousand cubits in all directions from the place at which he is standing at nightfall.6
Halacha 4
When a person stood in a private domain before the commencement of the Sabbath and designated it as his "place" for the Sabbath, or if he was traveling on a journey and had the intent of spending the Sabbath in a private domain that he knew and [thus] designated as his "place" for the Sabbath, he is entitled to walk throughout that domain and [continue] two thousand cubits in all directions.
If, however, this private domain was not enclosed for the purpose of habitation, or was a mound or a valley [different rules apply]: If it is the size of the area necessary to grow two se'ah [of grain] or less,7 one is entitled to walk throughout that domain and two thousand cubits in all directions.8 If it is larger than the size of the area necessary to grow two se'ah [of grain],9 [one's "place"] is considered to be only four cubits in that domain, [and one may proceed only] two thousand cubits from [this place] in all directions.
The same [law applies] when one places one's eruv in a domain that was not enclosed for the purpose of habitation.10
Halacha 5
When a person [desires to] establish a distant location as his "place" for the Sabbath, but does not specify its exact location, he is not considered to have established it as his "place."
What is implied? A person was traveling on a journey and declared, "I will spend the Sabbath in such and such a place," "...in such and such a field," "...in such and such a valley," or "...a thousand cubits..." or "...two thousand cubits away from my present place," he has not established the distant location as his place for the Sabbath. [Instead,] he is entitled to proceed only two thousand cubits in all directions from the place where he is standing at nightfall.11
Halacha 6
[The following rule applies] when a person says, "I will spend the Sabbath under this and this tree," or "...under this and this rock." If there are eight cubits or more under the tree or the rock, the person has not established [the location] as his "place" for the Sabbath, because he did not specify an exact location. For were he to spend the Sabbath in a particular four cubits, [he could be in error,] lest the other four cubits be the ones defined as his "Sabbath place."12
Halacha 7
Therefore, it is necessary for a person to have the intent of establishing [a specific portion of the space - e.g.,] at [the tree's] base, its southern side, or its northern side, as his "Sabbath place."
If there are less than eight cubits under [the tree], and he intends to spend the Sabbath under it, he acquires it [as his "Sabbath place"]. [The rationale is that] there is no room [under the tree] for two places, and at least a portion of his [Sabbath] "place" has been defined.13
[This is the course of action to follow when] two people were coming on a journey, and one is familiar with a tree, fence, or other place that he desires to establish as his place, and the other is not familiar with the place. The person who is unfamiliar [with the place] should entrust the right to establish his "Sabbath place" to the one who is familiar with the place, and the latter should have the intent that he and his colleague should spend the Sabbath in the place with which he is familiar.
Halacha 8
[The following rules apply when] the inhabitants of a city have sent a person to deposit their eruv in a specific place, he set out on his way, but a colleague had him return, and he did not deposit the eruv [on behalf of the inhabitants]: Since their eruv was not deposited in the desired location, [that location] is not established as their "Sabbath place," and they are not allowed to walk more than two thousand cubits in all directions from [the boundary of] their city.
[The person who went to deposit the eruv], by contrast, is considered to have established that location as his "place" for the Sabbath, because he had set out on the way to that location with the intent of establishing it as his "Sabbath place."14 Therefore, on the following day, he is permitted to proceed to the [desired] place and continue two thousand cubits from it in all directions.
Halacha 9
The statement made previously,15 that a person who desires to establish a location as his Sabbath place from a distance need merely set out on the way, does not mean that he must depart and begin walking through the fields. Even if he merely descended from the loft with the intent of proceeding to [the desired] place, and before he left the entrance of his courtyard, a colleague prevailed on him to return, he is considered to have set out [on his way], and may establish his "Sabbath place" in that location.16
When a person establishes a location as his "Sabbath place" from a distance, he need not make an explicit statement, "This and this location is my 'Sabbath place.' It is sufficient for him to make a resolve within his heart and to set out on the way [to] establish that location as his "Sabbath place."17
Needless to say, a person who traveled by foot and actually stood at the location that [he desired to] establish as his "Sabbath place" need not make a statement. Making a resolve within his heart is sufficient to establish [the location as his "Sabbath place"].
Halacha 10
When students who sleep in the house of study, but go and eat their Sabbath meals [in the homes of] people who live in the fields and the vineyards who show hospitality to wayfarers passing through, [the house of study is considered their "Sabbath place"] and not the place where they eat.18
They may walk two thousand cubits from the house of study in all directions. [The rationale is] that were it possible for them to eat in the house of study, they would not go to the fields at all. They consider the house of study alone as their dwelling.
FOOTNOTES
1.
As mentioned in Halachah 9, there is no need to make an explicit statement. It is sufficient to make a mental resolve.
2.
This point is the subject of a difference of opinion among our Sages (Eruvin 4:9). Rabbi Meir maintains that the fundamental provision for establishing an eruv t'chumin involves depositing food. An allowance was made, however, for a poor person who could not afford to deposit food; he was permitted to establish an eruv by actually going to the desired place.
Rabbi Yehudah differs and states that the fundamental provision involves actually being at the place. Our Sages granted a leniency to a rich man, however, and allowed him to employ an agent to deposit food. As the Rambam states, the halachah follows Rabbi Yehudah.
3.
I.e., the person could not reach the intended place before nightfall if he continued at his present pace, but could reach it if he ran with all his might. We do not require him to make this effort, and allow him to establish the eruv by intent and continue walking at his normal pace (Shulchan Aruch, Orach Chayim 409:11).
4.
I.e., if at the outset he was at home, but was simply too lax about establishing an eruv. (SeeShulchan Aruch, loc. cit.:13.)
5.
See Halachot 5-7.
6.
The Rambam's ruling implies that the person's intent is of no consequence whatsoever, and his "place" for the Sabbath is the place where he is standing at nightfall.
The Ra'avad differs regarding the instance when there are more than two thousand cubits between the person and the location he intended to be his "Sabbath place." The person's intent establishes that location as his "Sabbath place." Since there are more than two thousand cubits between the person and his "place," he is compared to one who has gone beyond his Sabbath limits and is entitled to walk only within a square of four cubits. (See Hilchot Shabbat 27:11.)
Although the Shulchan Aruch (loc. cit.:11) mentions both views, it appears to favor that of the Ra'avad. The Be'ur Halachah notes that the Ra'avad's views are shared by the Rashba, Rabbenu Asher, and many others. Hence, he suggests that it be followed.
7.
I.e., 5000 square cubits.
8.
I.e., there is no difference between it and an ordinary private domain.
9.
Because of its size, and the fact that it was not enclosed for the purpose of habitation, our Sages feared that it might become confused with a private domain. Hence, they applied more stringent rules. (See Hilchot Shabbat, Chapter 16.)
10.
From the Rambam's wording in Hilchot Shabbat 27:4, the Maggid Mishneh infers that if the person stands within a large private domain that was not enclosed for the purpose of habitation on Friday and establishes it as his "Sabbath place," he may walk throughout its entire area and two thousand cubits in all directions. This opinion is not accepted by the Rashba and other authorities, and it is their view that is cited by the Shulchan Aruch 396:2.
11.
Based on their interpretation of Eruvin 49b, the Ra'avad, the Rashba, Rabbenu Asher, and others differ with the Rambam's ruling in this instance. Rather than totally ignore the person's intent, these authorities maintain that he is allowed to consider the distant location as his "Sabbath place." There is, however, a restriction. Since he did not specify his place, he is penalized according to the size of the location.
To cite the example mentioned in the following halachah: a person desires to establish a tree as his "Sabbath place." He does not specify his place and there are 20 cubits under the tree. According to the Rambam, his intent is ignored entirely, and his Sabbath limits are measured from the place where he is standing at nightfall. According to the other authorities, his "Sabbath place" is considered to be the tree, and it is from there that his Sabbath limits are measured. Nevertheless, because he did not specify his desired location, instead of being granted two thousand cubits in all directions, he is granted only 1980 cubits [i.e., 2000 minus 20 (the size of the area under the tree)].
The Shulchan Aruch (Orach Chayim 409:11) mentions both views, but appears to favor that of the other authorities. The Eliyahu Rabba states that the view of the other authorities should be followed. The Be'ur Halachah, by contrast, states that consideration should also be given to the Rambam's view.
12.
We are not concerned with which of the eight cubits the person will use while under the tree, for all these eight cubits are within the person's Sabbath limits. The question is which four of these eight cubits will be considered to be one's "Sabbath place" regarding the determination of the Sabbath limits. For this, the precise determination of one's "Sabbath place" is the matter of focus (See the Rambam's Commentary on the Mishnah, Eruvin 4:7.)
13.
I.e., regardless of the side from which one measures the two thousand cubits of the Sabbath limits, a portion of the four cubits that a person is granted will be included in the four cubits from which the Sabbath limits are measured. This must be so, for there are less than eight cubits under the tree (ibid.).
14.
See Halachah 2. However, Rashi (Eruvin 52a), Rabbenu Yehonatan, the Rashba and many other authorities maintain that the leniency mentioned in Halachah 2 applies only when a person is on a journey, but not when the entire purpose for his setting out is to deposit an eruv. Their views are cited in the Mishnah Berurah 410:2.
15.
Halachah 2.
16.
Eruvin 52a relates that Rav Yehudah bar Ishtata brought Rav Natan bar Oshaya a basket of fruit for the Sabbath. Although it was late on Friday afternoon, Rav Yehudah turned to leave so that he could establish an eruv t'chumin to enable himself to return home on the following day. Rav Natan let him descend a single step and then told him to stay.
17.
Rashi (Eruvin 52a) and other authorities differ, and state that this leniency applies only when a person has two homes whose Sabbath limits are adjoining. In this instance, it is clear that even though a colleague prevailed upon him to return, his intent was to establish his "Sabbath place" at the desired location so that he could proceed to his other home.
When, however, a person does not own a home in the adjoining area, and a colleague is able to prevail upon him to return, he is not able to establish a "Sabbath place" in a distant location, unless he makes an explicit statement to that effect. The Shulchan Aruch (Orach Chayim 410:2) quotes the Rambam's view, while the Mishnah Berurah 410:7 mentions the other opinions.
18.
This applies even if during beyn hash'mashot they are at the homes of their hosts (Mishnah Berurah 409:39).
Eruvin - Chapter Eight
Halacha 1
One may not deposit two eruvin - one in the west and one in the east - so that one will be able to walk for a portion of the day [in the direction of] one of theeruvin, and to rely on the second eruv for the remainder of the day. [The rationale is that] one may not make two eruvin for a single day.1
If a person erred, and established two eruvin in two different directions, because he thought that this was permitted, or he told two people to establish an eruv for him, and one established an eruv to the north and one established an eruv to the south, he may walk only in the area common to both of them.
Halacha 2
What is meant [by the expression], "he may walk only in the area common to both of them"? That he may walk only in the area that is within [the Sabbath limits] of both of these locations. [For example,] if one [of his agents] deposited an eruv 1000 cubits to the east [of his city's periphery] and the other deposited an eruv 500 cubits to the west, the person for whom the eruvin were deposited may walk only 1000 cubits to the west, as would be permitted [the agent] who established the eruv in the east, and 1500 cubits to the east, as would be permitted [the agent] who established the eruv in the west.
Therefore, if one established an eruv 2000 cubits to the east and the other established an eruv 2000 cubits to the west, the person may not move from his place.
Halacha 3
It is permissible for a person to establish two eruvin in two opposite directions and make the [following] stipulation: "If tomorrow there is a mitzvah or a necessity that arises and requires me to walk in this direction, then it is this eruvthat I am relying upon, and the other eruv is of no consequence. If, by contrast, it is necessary that I go to the other direction, the eruv [in that direction] is the one on which I will rely, and the first eruv is of no significance.2
"If I am required to go in both directions, I may rely on whichever of the eruvin I desire, and thus go in whichever direction I desire. If nothing [out of the ordinary] arises, and I am not required to go in either direction, neither of theeruvin is of consequence, nor do I rely on them. Instead, my situation is the same as that of any other inhabitant of my city, and I may proceed two thousand cubits in all directions from the city's wall."
Halacha 4
Just as it is forbidden to proceed beyond a city's [Sabbath] limits on the Sabbath, so too, it is forbidden to proceed beyond those limits on the holidays and on Yom Kippur.3
Just as a person who transfers an article from one domain to another on the Sabbath is liable, so too, a person who transfers an article from one domain to another on Yom Kippur is liable.4 On the holidays, by contrast, it is permitted to transfer articles from one domain to another.5
Therefore, eruvin should be established in courtyards and shitufim should be established in lanes for Yom Kippur, as they are established for the Sabbath.6Similarly, eruvei t'chumin may be established for Yom Kippur and the holidays as they are established for the Sabbath.
Halacha 5
[The following rules apply to] a holiday that occurs next to the Sabbath - whether before it or after it - or to the two days of a holiday as observed in the diaspora: A person may establish two eruvin in two opposite directions and rely on either for the first day, and the other for the second day.7 Similarly, he may establish a single eruv in one direction and rely on it for one of the two days, and on the other day consider himself like the other inhabitants of the city8 - i.e., it is as if he did not made an eruv, and thus he is entitled to proceed two thousand cubits in all directions [from the city's periphery].
When does this apply? To the two days observed as holidays in the diaspora. Regarding the two days of Rosh HaShanah [different rules apply]. They are considered to be a single [extended] day,9 and one may establish an eruv in one direction alone for both these days.10
Halacha 6
Similarly, a person who [deposits] an eruv [t'chumin] may make [any of the following] stipulations: "On this Sabbath, my eruv shall be in effect, but not on another Sabbath," or "On another Sabbath [my eruv shall be in effect],11 but not on this Sabbath."
[Similarly, he may stipulate that the eruv shall be in effect] on the Sabbaths but not on holidays, or on holidays and not on Sabbaths.
Halacha 7
When a person tells five others, "I am establishing an eruv on behalf of one of you, whom I will choose [later]. If I choose, that person will be able to go. If I do not choose, he will not be able to go." Even if this person chooses [a companion] after nightfall, he may go. For the principle of b'reirahapplies12regarding a matter of Rabbinic law.13
Similarly, a person may establish an eruv for all the Sabbaths of the year and stipulate, "If I desire [to rely on the eruv], I may go, and if I do not desire [to rely on it], I may not go - and I will be [governed by the same rules] as the other inhabitants of my city." He may go on whichever Sabbaths he desires, even if he does not make the decision to go until after nightfall.
Halacha 8
[The following rule applies] when a person establishes an eruv for the two days of a holiday as observed in the diaspora or for a Sabbath and a holiday [that are celebrated consecutively]: Even when the person establishes a single eruvin one direction for both days, the eruv must be accessible14 in its [designated] location on both the first and second nights throughout [the period of] beyn hash'mashot.
What should he do? He should take [the eruv to the desired place] on the eve of the Sabbath or on the eve of the holiday, and wait until nightfall. He may then take it in his hand and carry it away, if it is a holiday.15 On the following day, he should take it16 to the same location,17 deposit it there until nightfall and eat it18if it is Friday night, or take it with him if it is the night of a holiday.
[This is necessary, for] they are two different expressions of holiness, and are not considered to be a single [extended] day with regard to which it would be possible to say on the first night that one established the eruv for both days.19
Halacha 9
[In the situation described in the previous halachah,] were the eruv to be eaten on the first day, it is effective for the first day, but the person [may not establish] an eruv [with food] for the second day.
If he established an eruv by walking [to the desired location] on the first day, he may establish an eruv for the second day only by walking to the same location20and making the resolution21 that he is establishing this as his "place" for the day.
If he established an eruv with bread on the first day [he has two options]: If he desires to establish an eruv by walking [to the desired location] on the second day, the eruv is acceptable. If he desires to establish an eruv by depositing a loaf of bread, [he may,] provided he uses the same loaf of bread that he used the first day.22
Halacha 10
When Yom Kippur [would] fall on Friday or on Sunday during the era when the sanctification [of the moon] was dependent on its being sighted] by witnesses,23it appears to me24 that [the two days] are considered to be one [extended] day25 and are considered to be one continuum of holiness.26
Halacha 11
The statement made previously27 that a person may establish two differenteruvin in two directions for two days applies only when it is possible for the person to reach both of the eruvin on the first day [without departing from his Sabbath limits]. If, however, it is impossible on the first day for him to reach theeruv for the second day, the eruv for the second day is invalid.28
[The rationale is that] the mitzvah of eruv [can be fulfilled only] with a meal that is fit to be eaten while it is still day. Since the person may not reach the eruv[intended for the second day] on the first day [because it is beyond his Sabbath limits], it is not considered to be a meal that is fit to be eaten while it is still day.
Halacha 12
What is implied? If a person deposited an eruv two thousand cubits eastward of his home and relied on it for the first day [he is forbidden to walk westward at all].29 [Therefore,] if he deposited an eruv one cubit, one hundred cubits, or one thousand cubits to the west and relied on it for the second day, the second eruvis invalid.
[The rationale is that] the second eruv is not fit for him on the first day, for he may not reach it, since he is not able to proceed toward the west at all.
Halacha 13
If, however, he deposited his eruv one thousand five hundred cubits eastward of his home and relied on it for the first day, and deposited a second eruv within five hundred cubits to the west of his house and relied upon it for the second day, the eruv is valid. For it is possible for him to reach it on the first day.
Halacha 14
When a holiday falls on a Friday, it is forbidden to establish an eruv [for the Sabbath] on the holiday: neither an eruv chatzerot nor an eruv t'chumin.30Instead, one should establish the eruv on Thursday, the day prior to the holiday.
If the two days celebrated as a holiday in the diaspora fall on a Thursday and a Friday, one should establish both an eruv chatzerot and an eruv t'chumin on Wednesday. If a person forgot, and did not establish an eruv beforehand, he may establish an eruv chatzerot in a conditional manner on Thursday and Friday.31 He may not, however, do this with regard to an eruv t'chumin.32
Halacha 15
What is implied? On Thursday, the person should make the following stipulation:33 "If today is a holiday, my statements are of no consequence. But if not, this should be [accepted as] an eruv."
On the following day, he should again establish the eruv34and say, "If today is a holiday, I have established my eruv yesterday, and my statements today are of no consequence. If, however, yesterday was the holiday, this should be [accepted as] an eruv."
When does the above apply? To the two days observed as holidays in the diaspora. The two days of Rosh HaShanah, by contrast, are considered to be one [extended] day. Therefore, with regard to them, it is possible to establish aneruv only on the day prior to the holiday.
(Blessed be God who grants assistance.)
FOOTNOTES
1.
This principle is based on the following concept: Since an eruv t'chumin establishes a particular location as a person's place for the Sabbath, only one such place can be established, and not two.
2.
As the Maggid Mishneh mentions, this halachah is dependent on the concept that in cases of Rabbinic law, the principle of b'reirah applies. Thus, retroactively it is considered that at the commencement of the Sabbath, the person had the intent of establishing an eruv in the direction that he was eventually required to proceed.
3.
See Tzafenat Paneach (in his gloss on Hilchot Shabbat 27:1), who states that the Rambam considers the limits on travel on the holidays and on Yom Kippur as Rabbinic in origin. In support, he cites the Rambam's statements in Hilchot Sanhedrin, Chapter 19, regarding the negative commandments punishable by lashing: "A person who goes beyond the [Sabbath] limits on the Sabbath, a person who performs a forbidden labor on a holiday."
4.
The liability incurred by the violator is somewhat different. A person who willfully performs any of the Sabbath labors is liable for execution, while one who violates a forbidden labor on Yom Kippur is liable only for karet. (See Hilchot Sh'vitat Asor 1:2.)
5.
See Hilchot Sh'vitat Yom Tov 1:4, which states that since the prohibition against the forbidden labor of transferring articles was lifted on the holidays regarding the preparation of food, it was lifted entirely.
6.
See Maggid Mishneh and the Mishnah Berurah 416:31, which mention opinions that see a benefit in the establishment of eruvin in courtyards on the holidays as well.
7.
Although for a single Sabbath one may not establish eruvin in two opposite directions, this rule does not apply when the Sabbath and a holiday follow one another. The Sabbath and the holidays represent two different expressions of holiness (Eruvin 38b). Therefore, the location defined as one's "place" - and thus an eruv established - for one does not necessarily apply regarding the other.
Similarly, regarding the two days of the holidays observed in the diaspora: in essence, the holidays were to be observed for only one day. The observance of a second day was instituted only because of uncertainty regarding the calendar. (See Hilchot Kiddush HaChodesh 5:4-5.) Therefore, the two days are also considered to be separate entities.
The Ra'avad suggests qualifying the Rambam's statements. The Rambam, however, appreciated the problem that he raised and clarified the issue in Halachah 12.
8.
This also involves a redefinition of one's place. Instead of its being considered to be the location of the eruv, it is considered to be one's home.
9.
Since these two days were observed as a holiday even in Eretz Yisrael when the moon was sanctified on the basis of the testimony of witnesses (Hilchot Kiddush HaChodesh 5:7), they are considered to be a single expression of holiness. Eruvin 39b refers to them as "one long day," and the halachic requirements that apply to one day apply also to the other.
10.
See the notes on Halachah 8 with regard to whether or not it is necessary for the eruv to remain in its place for both nights of the holiday.
11.
The food deposited for the eruv must exist at beyn hash'mashot and be fit to eat. This is particularly important in the summer months, when it is possible that the eruv has become stale or has been eaten by vermin (Mishnah Berurah 416:9).
12.
Ordinarily, a person must establish his eruv before nightfall. Nevertheless, since he made a stipulation beforehand, we rely on the principle of b'reirah, and we say that retroactively it is considered to be as if he decided to rely on the eruv before nightfall (Maggid Mishneh).
13.
For other examples of the Rambam's rulings concerning this matter, see Hilchot Sh'vitat Yom Tov5:20, Hilchot Terumah 1:21, Hilchot Ma'aser 7:1, and Hilchot Ma'aser Sheni 4:15.
14.
If the eruv is not accessible - even if it is present in its designated location - it is not acceptable, as stated in Chapter 6, Halachot 8 and 12.
15.
The Maggid Mishneh explains that the removal of the eruv is merely a suggestion offered, lest a person leave the eruv in its place, and it be destroyed by vermin or the like. In a place where theeruv will surely be preserved, there is no point in removing it. Needless to say, on the Sabbath, when it is forbidden to carry, and it is forbidden to remove the eruv, this suggestion does not apply.
If one leaves the eruv in the designated place and there is a possibility that it will be destroyed, one is required to go to that place on the following day to check that it still exists (Mishnah Berurah416:14).
16.
The Be'ur Halachah 416 asks: Since it is possible to establish the eruv by walking to the designated location (as stated in the following halachah), of what value is it that the person carried the food with him? The Be'ur Halachah explains that in this instance, we are speaking about a person who has an agent establish the eruv for him. Therefore, it is necessary for him to use food.
17.
The eruv must be deposited in the same location; otherwise, this is forbidden. Were one to change either the location (or the food used for the eruv), one would have been considered as either preparing on the Sabbath for a holiday, or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim 416:2).
18.
There is no obligation to eat it. The Rambam's intent is merely that from this time onward, there is no obligation that the eruv remain intact (Mishneh Berurah 416:15).
19.
The Rambam's statement implies that on Rosh HaShanah, it is necessary to establish an eruvonly on the first night of the holiday. Even if the eruv is consumed before the beginning of the second day, it is acceptable, just as it would be acceptable for the entire Sabbath, even if it had been consumed after beyn hash'mashot.
The Ra'avad objects to this ruling. He maintains that the distinction of the two days of Rosh HaShanah as a single "extended" day applies only as a stringency, but not as a leniency. Therefore, the eruv established before the first night must remain in its place on the second night as well.
The Maggid Mishneh justifies the Rambam's view, bringing supports that indicate that our Sages' definition of these two days as "one long day" brings about a leniency as well as a stringency. TheMishnah Berurah 416:11 follows the Rambam's ruling.
20.
He may not establish the eruv by depositing food, for this would involve the performance of an activity on either the Sabbath or the holiday for the benefit of the other. As mentioned, it is forbidden to prepare on the Sabbath for a holiday or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim 416:2).
21.
He may not make a verbal statement, for this would be considered to be preparation for the coming day (ibid.).
22.
Since he uses the same loaf, he is not considered to be performing a new activity; this location had already been established as his "place," and he is merely perpetuating the existing situation. If he brought a different loaf, it would be considered to be preparing for the coming day (ibid.).
23.
According to the fixed calendar we follow at present, it is impossible for Yom Kippur to fall on either Sunday or Friday. (See Rosh HaShanah 20a.)
24.
This expression implies a ruling for which the Rambam has no explicit source in the Talmud, but which he arrived at through a process of deduction.
25.
Rabbi Akiva Eiger explains that this also implies a leniency. As indicated by the conclusion of Halachah 8, there is no need to establish an eruv on the second day.
26.
The rationale is that all the prohibitions that apply on the Sabbath also apply on Yom Kippur (Maggid Mishneh).
27.
In Halachah 5.
28.
Note the gloss of the Sefer HaKovetz on Halachah 5, which discusses whether the law in this halachah applies only with regard to a holiday and a Sabbath that follow consecutively, or also with regard to the two days of a holiday that are observed in the diaspora. The Magen Avraham 416:3 rules that the restrictions apply with regard to the two days observed in the diaspora as well.
29.
See Chapter 6, Halachah 4.
30.
For it is forbidden to prepare for the Sabbath on a holiday. (See the Mishnah Berurah 393:1, which questions whether or not an eruv established on a holiday in error is acceptable.)
Note also the Or Sameach, which explains that, according to the Rambam, it is forbidden to establish an eruv t'chumin on the first day of a holiday for the second day. (This ruling runs contrary to a decision of the Noda BiY'hudah (Vol. II, Responsum 48).
31.
In Hilchot Sh'vitat Yom Tov 6:14-15, when discussing the establishment of an eruv tavshilin and other similar matters, the Rambam states that in the present era, we may not make such a conditional arrangement. This leniency was granted only in the era when the establishment of the calendar was dependent on the testimony of witnesses, and the second day of a holiday was observed because of a doubt concerning the day on which the holiday should be celebrated. At present, there is no such doubt, and the second day is celebrated because of a Rabbinic decree requiring us to preserve the previous custom. (See Hilchot Kiddush HaChodesh 5:5.)
Other authorities (see the gloss of the Ra'avad on Hilchot Sh'vitat Yom Tov) take issue with the Rambam on this point; it is their view that is accepted as halachah in the Shulchan Aruch (Orach Chayim 393:1).
32.
Beitzah 17a explains why a distinction is made between these two types of eruvin. By establishing an eruv t'chumin, a person designates a place as his home for the Sabbath, and our Sages would not permit this to be done on a holiday. In contrast, the establishment of an eruv chatzerotnegates one's ownership. Therefore, greater leniency is shown.
33.
Note the Birkei Yosef (Orach Chayim 528), which states that a blessing should not be recited.
34.
The Mishnah Berurah 393:6 suggests using the same loaf of bread. Otherwise, it would be necessary to keep both loaves until the Sabbath.____________________________
Hayom Yom:Sunday, 12 Shevat, 5775 • 1 February 2015
"Today's Day"
Torah lessons: Chumash: B'shalach, Sheini with Rashi.
Tehillim: 66-68.
Tanya: For the coming (p. 85)...more spiritual and refined. (p. 85).
Intellect and excitement are two separate worlds. Intellect - a world cold and settled; excitement - a world seething and impetuous. Man's avoda is to combine them, unite them. The impetuousness then becomes transformed into a longing, and the intellect into the guide in a life of avoda and action.
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.
____________________________
Daily Thought:
Interface
Torah is the interface between the Infinite and creation. On the outside, it speaks the language of humankind. On the inside, it is depth without end.
Grasp either end and you have nothing. Grasp both and you have G‑d Himself.[Sefer Hasichot 5751 vol.1, pg. 84.]
____________________________
Torah lessons: Chumash: B'shalach, Sheini with Rashi.
Tehillim: 66-68.
Tanya: For the coming (p. 85)...more spiritual and refined. (p. 85).
Intellect and excitement are two separate worlds. Intellect - a world cold and settled; excitement - a world seething and impetuous. Man's avoda is to combine them, unite them. The impetuousness then becomes transformed into a longing, and the intellect into the guide in a life of avoda and action.
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.
____________________________
Daily Thought:
Interface
Torah is the interface between the Infinite and creation. On the outside, it speaks the language of humankind. On the inside, it is depth without end.
Grasp either end and you have nothing. Grasp both and you have G‑d Himself.[Sefer Hasichot 5751 vol.1, pg. 84.]
____________________________
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