Today in Jewish History:
• Zachariah's Prophecy (351 BCE)
"On the 24th day of the 11th month, which is the month of Shevat, in the second year of the reign of Darius, the word of G-d came to Zachariah the son of Berechiah the son of Ido the prophet, saying:
'...I will return to Jerusalem in mercy, my house will be built within her...and the Lord shall yet console Zion and shall yet choose Jerusalem.'" (Zechariah 1:7-17)
This was two years before the completion of the 2nd Temple on the 3rd of Adar, 3412 (349 BCE).
• Passing of Rebbetzin Menuchah Rachel (1888)
Rebbetzin Menuchah Rachel Slonim, daughter of Rabbi DovBer of Lubavitch and granddaughter of Rabbi Schneur Zalman of Liadi, was born on Kislev 19, 5559(1798) -- the very day on which her illustrious grandfather was freed from his imprisonment in the Peter-Paul Fortress in Petersburg; she was thus named "Menuchah", meaning "tranquility" (Rachel was the name of a daughter of Rabbi Schneur Zalman who died in her youth).
The Rebbetzin's lifelong desire to live in the Holy Land was realized in 1845, when she and her husband, Rabbi Yaakov Culi Slonim (d. 1857), led a contingent of Chassidim who settled in Hebron. Famed for her wisdom, piety and erudition, she served as the matriarch of the Chassidic community in Hebron until her passing in her 90th year in 1888.
Daily Quote:
Not only myself did G-d redeem on this day... but also every one who goes by the name "Israel"[The sixth Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn, in a letter written for the first anniversary of his release from Soviet imprisonment in 1927]
Daily Study:
Chitas and Rambam for today:
Chumash: Mishpatim, 6th Portion Exodus 23:20-23:25 with Rashi
• Chapter 23
20Behold, I am sending an angel before you to guard you on the way and to bring you to the place that I have prepared. כהִנֵּה אָנֹכִי שֹׁלֵחַ מַלְאָךְ לְפָנֶיךָ לִשְׁמָרְךָ בַּדָּרֶךְ וְלַהֲבִיאֲךָ אֶל הַמָּקוֹם אֲשֶׁר הֲכִנֹתִי:
Behold, I am sending an angel before you: Here they were informed that they were destined to sin, and the Shechinah would say to them, “for I will not ascend in your midst” (Exod. 33: 3). -[From Exod. Rabbah 32:3] הנה אנכי שולח מלאך: כאן נתבשרו שעתידין לחטוא, ושכינה אומרת להם (שמות לג ג) כי לא אעלה בקרבך:
that I have prepared: to give to you. This is its simple meaning. Its midrashic interpretation is: "That I have prepared": My place is already recognizable opposite it. This is one of the verses that state that the heavenly Temple is directly opposite the earthly Temple. [From Midrash Tanchuma 18] אשר הכינותי: אשר זמנתי לתת לכם, זהו פשוטו ומדרשו אל המקום אשר הכינותי כבר מקומי ניכר כנגדו, וזה אחד מן המקראות שאומרים, שבית המקדש של מעלה מכוון כנגד בית המקדש של מטה:
21Beware of him and obey him; do not rebel against him, for he will not forgive your transgression, for My Name is within him. כאהִשָּׁמֶר מִפָּנָיו וּשְׁמַע בְּקֹלוֹ אַל תַּמֵּר בּוֹ כִּי לֹא יִשָּׂא לְפִשְׁעֲכֶם כִּי שְׁמִי בְּקִרְבּוֹ:
do not rebel against him: Heb. ךְתַּמֵּר, an expression of rebellion הַמְרָאָה, like “Any man who rebels (יַמְרֶה) against your orders” (Josh. 1:18). אל תמר בו: לשון המראה, כמו (יהושע א יח) אשר ימרה את פיך:
for he will not forgive your transgression: He is not accustomed to that [i.e., forgiving], for he is of the group that do not sin. And moreover, he is a messenger, and he can do only his mission. -[From Midrash Tanchuma 18] כי לא ישא לפשעכם: אינו מלומד בכך, שהוא מן הכת שאין חוטאין, ועוד שהוא שליח ואינו עושה אלא שליחותו:
for My Name is within him: [This clause] is connected to the beginning of the verse: Beware of him because My Name is associated with him. Our Sages, however, said: This is [the angel] Metatron, whose name is like the name of his Master (Sanh. 38b). The numerical value of מֵטַטְרוֹן [314] equals that of שַׁדַּי [314]. -[From Tikunei Zohar 66b] כי שמי בקרבו: מחובר לראש המקרא, השמר מפניו כי שמי משותף בו, ורבותינו אמרו זה מטטרו"ן ששמו כשם רבו. מטטרו"ן בגימטריא שדי:
22For if you hearken to his voice and do all that I say, I will hate your enemies and oppress your adversaries. כבכִּי אִם שָׁמוֹעַ תִּשְׁמַע בְּקֹלוֹ וְעָשִׂיתָ כֹּל אֲשֶׁר אֲדַבֵּר וְאָיַבְתִּי אֶת אֹיְבֶיךָ וְצַרְתִּי אֶת צֹרְרֶיךָ:
and oppress: Heb. וְצַרְךְתִּי, as the Targum [Onkelos] renders: וְאָעֵיק, and I will cause distress. וצרתי: כתרגומו ואעיק:
23For My angel will go before you, and bring you to the Amorites, the Hittites, the Perizzites, the Canaanites, the Hivvites, and the Jebusites, and I will destroy them. כגכִּי יֵלֵךְ מַלְאָכִי לְפָנֶיךָ וֶהֱבִיאֲךָ אֶל הָאֱמֹרִי וְהַחִתִּי וְהַפְּרִזִּי וְהַכְּנַעֲנִי הַחִוִּי וְהַיְבוּסִי וְהִכְחַדְתִּיו:
24You shall not prostrate yourself before their gods, and you shall not worship them, and you shall not follow their practices, but you shall tear them down and you shall utterly shatter their monuments. כדלֹא תִשְׁתַּחֲוֶה לֵאלֹהֵיהֶם וְלֹא תָעָבְדֵם וְלֹא תַעֲשֶׂה כְּמַעֲשֵׂיהֶם כִּי הָרֵס תְּהָרְסֵם וְשַׁבֵּר תְּשַׁבֵּר מַצֵּבֹתֵיהֶם:
but you shall tear them down: Those gods. הרס תהרסם: לאותם אלהות:
their monuments: Heb. מַצֵּבֹתֵיהֶם. Stones they erect (מַצִּיבִין) upon which to prostate themselves before them [idols]. מצבותיהם: אבנים שהם מציבין להשתחוות להם:
25And you shall worship the Lord, your God, and He will bless your food and your drink, and I will remove illness from your midst. כהוַעֲבַדְתֶּם אֵת יְהֹוָה אֱלֹהֵיכֶם וּבֵרַךְ אֶת לַחְמְךָ וְאֶת מֵימֶיךָ וַהֲסִרֹתִי מַחֲלָה מִקִּרְבֶּךָDaily Tehillim: Psalms Chapters 113 - 118
• Chapter 113
• Today's Tanya Lesson
Likutei Amarim, middle of Chapter 27
ולכן אל יפול לב אדם עליו ולא ירע לבבו מאד
Therefore one should not feel depressed or very troubled at heart (— he ought to be somewhat troubled by the occurence of these thoughts, otherwise he may become indifferent to them and will cease to wage war against them; but he ought not to be sorelytroubled by them),
גם אם יהיה כן כל ימיו במלחמה זו
even if he be engaged all his days in this conflict with the thoughts which will always enter his mind.
Though he may never rise to the level which precludes their occurence, yet he should not be depressed.
כי אולי לכך נברא, וזאת עבודתו: לאכפיא לסטרא אחרא תמיד
For perhaps this is what he was created for, and this is the service demanded of him — to subdue the sitra achra constantly.
ועל זה אמר איוב: בראת רשעים
Concerning this Job said to G‑d: 1 “You have created wicked men,” as though it were preordained that one man be wicked, and another righteous.
In the first chapter, the Alter Rebbe pointed out that this is contradicted by the statement in the Gemara that before a child is born, G‑d decrees whether he shall be wise or foolish, strong or weak, and so on, but does not determine whether he will be righteous or wicked — this is left to one’s own choice. The meaning of Job’s statement becomes clear, however, in light of the above discussion. True, G‑d does not ordain whether man will act wickedly, but He does “create wicked men,” in the sense that their minds work like the mind of the rasha, with evil thoughts constantly occuring to them. G‑d created them in this way so that they will engage in battle with these thoughts, and thereby subjugate the sitra achra — as the Alter Rebbe now goes on to say.
ולא שיהיו רשעים באמת, חס ושלום
The implication of Job’s statement is not that they were created to actually be wicked, G‑d forbid, i.e., sinful in thought, speech and action,
אלא שיגיע אליהם כמעשה הרשעים במחשבתם והרהורם בלבד
but that there should occur to them, in their thoughts and musings alone, that which occurs to the wicked, 2 i.e., that evil thoughts should enter their mind, as they do in the mind of the wicked,
והם יהיו נלחמים תמיד להסיח דעתם מהם כדי לאכפיא לסטרא אחרא
and they shall eternally wage war to avert their minds from them in order to subjugate the sitra achra,
ולא יוכלו לבטלה מכל וכל, כי זה נעשה על ידי הצדיקים
yet they will never be able to annihilate the sitra achra in their souls completely, for this is accomplished by tzaddikim.
A tzaddik subjugates his animal soul to such a degree that it is unable to arouse temptation in his heart. His mind is therefore untroubled by evil thoughts. Those, however, of whom Job said that they were “created wicked,” cannot rise to this level. It is always possible for evil thoughts to enter their minds; their task is not to give them free rein.
ושני מיני נחת רוח לפניו יתברך למעלה
For there are two kinds of Divine pleasure:
אחת, מביטול הסטרא אחרא לגמרי, ואתהפכא ממרירו למתקא ומחשוכא לנהורא, על ידי הצדיקים
one, from the complete annihilation of the sitra achra, and the conversion of bitter to sweet and of darkness to light (— the former referring to the emotional faculties of the animal soul, and the latter to its mental faculties), which is accomplished bytzaddikim;
והשנית, כד אתכפיא הסטרא אחרא בעודה בתקפה וגבורתה, ומגביה עצמה כנשר
and the second: when the sitra achra is subdued while it is still at its strongest and most powerful, soaring like an eagle,
ומשם מורידה ה׳ באתערותא דלתתא על ידי הבינונים
and from this height G‑d topples it in response to human initiative i.e., as a result of one’s efforts at subduing the sitra achra in his soul. This is accomplished by Beinonim.
Each of the two aforementioned categories — those who were “created righteous” and who were “created wicked” — brings about one of these two kinds of Divine gratification.
וזהו שאמר הכתוב: ועשה לי מטעמים כאשר אהבתי
This is alluded to in the verse, 3 “And make me delicacies, such as I love,”
מטעמים לשון רבים, שני מיני נחת רוח
where the word matamim (“delicacies”) is written in the plural, indicating two kinds of pleasure.
והוא מאמר השכינה לבניה כללות ישראל, כדפירש בתיקונים
These words are the charge of the Shechinah to its children, the community of Israel, as explained in Tikkunei Zohar — that with these words G‑d asks of the Jewish people to please Him with their divine service.
וכמו שבמטעמים גשמיים, דרך משל, יש שני מיני מעדנים
Just as with material food, there are two kinds of delicacies—
אחד, ממאכלים ערבים ומתוקים, והשני מדברים חריפים או חמוצים
one of sweet and luscious foods, and the other of sharp or sour articles which are unpleasant to eat in their natural state,
רק שהם מתובלים ומתוקנים היטב עד שנעשו מעדנים להשיב הנפש
but have been well spiced and prepared so that they become delicacies which revive the soul — so too are there two kinds of spiritual delicacies.
One is provided by tzaddikim, who are occupied solely with matters that are “good” and “sweet” — holy matters. Having conquered the evil of their animal soul, they no longer need grapple with the sitra achra. Their divine service consists of increasing the light of holiness. The second kind of delicacy is provided by Beinonim, who are occupied with “bitter” matters, with battling against the sitra achra in their soul, and with the evil thoughts that it spawns.
וזהו שאמר הכתוב: כל פעל ה׳ למענהו, וגם רשע ליום רעה
This is indicated in the verse, 4 “The L-rd has made everything for His sake; even the wicked for the day of evil.”
How can it be said that the rasha was created for G‑d’s sake?
פירוש: שישוב מרשעו ויעשה הרע שלו יום ואור למעלה
This means, however, that he should repent of his evil, and turn his evil into “day” and light above,
כד אתכפיא סטרא אחרא ואסתלק יקרא דקודשא בריך הוא לעילא
when the sitra achra is subdued, and the glory of G‑d is uplifted on high.
Thus, the meaning of the words “even the wicked for the day of evil” is that the purpose of the wicked is to transform the “evil” into “day”.
* * *
FOOTNOTES
1. Bava Batra 16a.
2. Cf. Kohelet 8:14.
3. Bereishit 27:4.
4. Mishlei 16:4.Rambam:
• Sefer Hamitzvos:
• 3 Chapters: Kiddush HaChodesh Kiddush HaChodesh - Chapter Three, Kiddush HaChodesh Kiddush HaChodesh - Chapter Four, Kiddush HaChodesh Kiddush HaChodesh - Chapter Five
• "Today's Day"
During the reading of the Ten Commandments, stand facing the Sefer-Torah.Haftora: Bishnat...matzavta. Bless Rosh Chodesh Adar I. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Yitro, Shevi'i with Rashi.
Tehillim: 113-118.
Tanya: Ch. 24. Antithetically (p. 99)...as is known. (p. 105).
"The people saw and moved."1 Simply perceiving G-dhood caused the people to move, a movement showing vitality, life.
* * *
If you only knew - The Tzemach Tzedek said - the power of verses of Tehillim and their effect in the highest Heavens, you would recite them constantly. Know that the chapters of Tehillim shatter all barriers, they ascend higher and still higher with no interference; they prostrate themselves in supplication before the Master of all worlds, and they effect and accomplish with kindness and compassion.
FOOTNOTES
1. Sh'mot 20:15.
• Zachariah's Prophecy (351 BCE)
"On the 24th day of the 11th month, which is the month of Shevat, in the second year of the reign of Darius, the word of G-d came to Zachariah the son of Berechiah the son of Ido the prophet, saying:
'...I will return to Jerusalem in mercy, my house will be built within her...and the Lord shall yet console Zion and shall yet choose Jerusalem.'" (Zechariah 1:7-17)
This was two years before the completion of the 2nd Temple on the 3rd of Adar, 3412 (349 BCE).
• Passing of Rebbetzin Menuchah Rachel (1888)
Rebbetzin Menuchah Rachel Slonim, daughter of Rabbi DovBer of Lubavitch and granddaughter of Rabbi Schneur Zalman of Liadi, was born on Kislev 19, 5559(1798) -- the very day on which her illustrious grandfather was freed from his imprisonment in the Peter-Paul Fortress in Petersburg; she was thus named "Menuchah", meaning "tranquility" (Rachel was the name of a daughter of Rabbi Schneur Zalman who died in her youth).
The Rebbetzin's lifelong desire to live in the Holy Land was realized in 1845, when she and her husband, Rabbi Yaakov Culi Slonim (d. 1857), led a contingent of Chassidim who settled in Hebron. Famed for her wisdom, piety and erudition, she served as the matriarch of the Chassidic community in Hebron until her passing in her 90th year in 1888.
Daily Quote:
Not only myself did G-d redeem on this day... but also every one who goes by the name "Israel"[The sixth Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn, in a letter written for the first anniversary of his release from Soviet imprisonment in 1927]
Daily Study:
Chitas and Rambam for today:
Chumash: Mishpatim, 6th Portion Exodus 23:20-23:25 with Rashi
• Chapter 23
20Behold, I am sending an angel before you to guard you on the way and to bring you to the place that I have prepared. כהִנֵּה אָנֹכִי שֹׁלֵחַ מַלְאָךְ לְפָנֶיךָ לִשְׁמָרְךָ בַּדָּרֶךְ וְלַהֲבִיאֲךָ אֶל הַמָּקוֹם אֲשֶׁר הֲכִנֹתִי:
Behold, I am sending an angel before you: Here they were informed that they were destined to sin, and the Shechinah would say to them, “for I will not ascend in your midst” (Exod. 33: 3). -[From Exod. Rabbah 32:3] הנה אנכי שולח מלאך: כאן נתבשרו שעתידין לחטוא, ושכינה אומרת להם (שמות לג ג) כי לא אעלה בקרבך:
that I have prepared: to give to you. This is its simple meaning. Its midrashic interpretation is: "That I have prepared": My place is already recognizable opposite it. This is one of the verses that state that the heavenly Temple is directly opposite the earthly Temple. [From Midrash Tanchuma 18] אשר הכינותי: אשר זמנתי לתת לכם, זהו פשוטו ומדרשו אל המקום אשר הכינותי כבר מקומי ניכר כנגדו, וזה אחד מן המקראות שאומרים, שבית המקדש של מעלה מכוון כנגד בית המקדש של מטה:
21Beware of him and obey him; do not rebel against him, for he will not forgive your transgression, for My Name is within him. כאהִשָּׁמֶר מִפָּנָיו וּשְׁמַע בְּקֹלוֹ אַל תַּמֵּר בּוֹ כִּי לֹא יִשָּׂא לְפִשְׁעֲכֶם כִּי שְׁמִי בְּקִרְבּוֹ:
do not rebel against him: Heb. ךְתַּמֵּר, an expression of rebellion הַמְרָאָה, like “Any man who rebels (יַמְרֶה) against your orders” (Josh. 1:18). אל תמר בו: לשון המראה, כמו (יהושע א יח) אשר ימרה את פיך:
for he will not forgive your transgression: He is not accustomed to that [i.e., forgiving], for he is of the group that do not sin. And moreover, he is a messenger, and he can do only his mission. -[From Midrash Tanchuma 18] כי לא ישא לפשעכם: אינו מלומד בכך, שהוא מן הכת שאין חוטאין, ועוד שהוא שליח ואינו עושה אלא שליחותו:
for My Name is within him: [This clause] is connected to the beginning of the verse: Beware of him because My Name is associated with him. Our Sages, however, said: This is [the angel] Metatron, whose name is like the name of his Master (Sanh. 38b). The numerical value of מֵטַטְרוֹן [314] equals that of שַׁדַּי [314]. -[From Tikunei Zohar 66b] כי שמי בקרבו: מחובר לראש המקרא, השמר מפניו כי שמי משותף בו, ורבותינו אמרו זה מטטרו"ן ששמו כשם רבו. מטטרו"ן בגימטריא שדי:
22For if you hearken to his voice and do all that I say, I will hate your enemies and oppress your adversaries. כבכִּי אִם שָׁמוֹעַ תִּשְׁמַע בְּקֹלוֹ וְעָשִׂיתָ כֹּל אֲשֶׁר אֲדַבֵּר וְאָיַבְתִּי אֶת אֹיְבֶיךָ וְצַרְתִּי אֶת צֹרְרֶיךָ:
and oppress: Heb. וְצַרְךְתִּי, as the Targum [Onkelos] renders: וְאָעֵיק, and I will cause distress. וצרתי: כתרגומו ואעיק:
23For My angel will go before you, and bring you to the Amorites, the Hittites, the Perizzites, the Canaanites, the Hivvites, and the Jebusites, and I will destroy them. כגכִּי יֵלֵךְ מַלְאָכִי לְפָנֶיךָ וֶהֱבִיאֲךָ אֶל הָאֱמֹרִי וְהַחִתִּי וְהַפְּרִזִּי וְהַכְּנַעֲנִי הַחִוִּי וְהַיְבוּסִי וְהִכְחַדְתִּיו:
24You shall not prostrate yourself before their gods, and you shall not worship them, and you shall not follow their practices, but you shall tear them down and you shall utterly shatter their monuments. כדלֹא תִשְׁתַּחֲוֶה לֵאלֹהֵיהֶם וְלֹא תָעָבְדֵם וְלֹא תַעֲשֶׂה כְּמַעֲשֵׂיהֶם כִּי הָרֵס תְּהָרְסֵם וְשַׁבֵּר תְּשַׁבֵּר מַצֵּבֹתֵיהֶם:
but you shall tear them down: Those gods. הרס תהרסם: לאותם אלהות:
their monuments: Heb. מַצֵּבֹתֵיהֶם. Stones they erect (מַצִּיבִין) upon which to prostate themselves before them [idols]. מצבותיהם: אבנים שהם מציבין להשתחוות להם:
25And you shall worship the Lord, your God, and He will bless your food and your drink, and I will remove illness from your midst. כהוַעֲבַדְתֶּם אֵת יְהֹוָה אֱלֹהֵיכֶם וּבֵרַךְ אֶת לַחְמְךָ וְאֶת מֵימֶיךָ וַהֲסִרֹתִי מַחֲלָה מִקִּרְבֶּךָDaily Tehillim: Psalms Chapters 113 - 118
• Chapter 113
This psalm recounts some of the wonders of the exodus from Egypt.
1. Praise the Lord! Offer praise, you servants of the Lord; praise the Name of the Lord.
2. May the Name of the Lord be blessed from now and to all eternity.
3. From the rising of the sun to its setting, the Name of the Lord is praised.
4. The Lord is high above all nations; His glory transcends the heavens.
5. Who is like the Lord our God, Who dwells on high
6. [yet] looks down so low upon heaven and earth!
7. He raises the poor from the dust, lifts the destitute from the dunghill,
8. to seat them with nobles, with the nobles of His people.
9. He transforms the barren woman into a household, into a joyful mother of children. Praise the Lord!
Chapter 114
This psalm explains why the tribe of Judah merited kingship.
1. When Israel went out of Egypt, the House of Jacob from a people of a foreign tongue,
2. Judah became His holy [nation], Israel, His domain.
3. The sea saw and fled, the Jordan turned backward.
4. The mountains skipped like rams, the hills like young sheep.
5. What is the matter with you, O sea, that you flee; Jordan, that you turn backward;
6. mountains, that you skip like rams; hills, like young sheep?
7. [We do so] before the Master, the Creator of the earth, before the God of Jacob,
8. Who turns the rock into a pool of water, the flintstone into a water fountain.
Chapter 115
A prayer that God bring this long exile to an end, for the sake of His Name-that it not be desecrated.
1. Not for our sake, Lord, not for our sake, but for the sake of Your Name bestow glory, because of Your kindness and Your truth.
2. Why should the nations say, "Where, now, is their God?”
3. Indeed, our God is in heaven; whatever He desires, He does.
4. Their idols are of silver and gold, the product of human hands.
5. They have a mouth, but cannot speak; they have eyes, but cannot see;
6. they have ears, but cannot hear; they have a nose, but cannot smell;
7. their hands cannot touch; their feet cannot walk; they can make no sound in their throat.
8. Those who make them will become like them-all who put their trust in them.
9. Israel, trust in the Lord; He is their help and their shield.
10. House of Aaron, trust in the Lord; He is their help and their shield.
11. You who fear the Lord, trust in the Lord; He is their help and their shield.
12. The Lord who is ever mindful of us, may He bless: May He bless the House of Israel; may He bless the House of Aaron;
13. may He bless those who fear the Lord, the small with the great.
14. May the Lord increase [blessing] upon you, upon you and upon your children.
15. You are blessed by the Lord, the Maker of heaven and earth.
16. The heavens are the Lord's heavens, but the earth He gave to the children of man.
17. The dead cannot praise the Lord, nor any who descend into the silence [of the grave].
18. But we will bless the Lord from now to eternity. Praise the Lord!
Chapter 116
This psalm contains magnificent praises to God. It also describes David's love for God, in light of all the miracles He performed for him. David does not know how to repay God, declaring it impossible to pay back for all God has done for him.
1. I would love if the Lord would listen to my voice, to my supplications;
2. if He would turn His ear to me on the days when I call.
3. The pangs of death encompassed me and the misery of the grave came upon me; I encounter trouble and sorrow.
4. I invoke the Name of the Lord, "Lord, I implore you, deliver my soul!”
5. The Lord is gracious and righteous; our God is compassionate.
6. The Lord watches over the simpletons; I was brought low, and He saved me.
7. Return, my soul, to your tranquility, for the Lord has bestowed goodness upon you.
8. For You have delivered my soul from death, my eyes from tears, my feet from stumbling.
9. I shall walk before the Lord in the lands of the living.
10. I had faith even when I declared, "I am greatly afflicted";
11. [even when] I said in my haste, "All men are deceitful.”
12. How can I repay the Lord for all His beneficences to me?
13. I will raise the cup of deliverance and proclaim the Name of the Lord.
14. I will pay my vows to the Lord in the presence of all His people.
15. Grievous in the eyes of the Lord is the death of His pious ones.
16. I thank you, Lord, that since I am Your servant, I am Your servant the son of Your maidservant, You have loosened my bonds.
17. To You I will bring an offering of thanksgiving, and proclaim the Name of the Lord.
18. I will pay my vows to the Lord in the presence of all His people,
19. in the courtyards of the House of the Lord, in the midst of Jerusalem. Praise the Lord!
Chapter 117
This psalm of two verses alludes to the Messianic era, when the Children of Israel will enjoy their former glory. All will praise God, in fulfillment of the verse, "All will then call in the Name of God."
1. Praise the Lord, all you nations; extol Him, all you peoples.
2. For His kindness was mighty over us, and the truth of the Lord is everlasting. Praise the Lord!
Chapter 118
This psalm describes David's immense trust in God. It also contains many praises to God, Who has fulfilled that which He has promised us.
1. Offer praise to the Lord for He is good, for His kindness is everlasting.
2. Let Israel declare that His kindness is everlasting.
3. Let the House of Aaron declare that His kindness is everlasting.
4. Let those who fear the Lord declare that His kindness is everlasting.
5. From out of distress I called to God; with abounding relief, God answered me.
6. The Lord is with me, I do not fear-what can man do to me?
7. The Lord is with me among my helpers, and I will see [the downfall of] my enemies.
8. It is better to rely on the Lord than to trust in man.
9. It is better to rely on the Lord than to trust in nobles.
10. All the nations surrounded me, but in the Name of the Lord I will cut them down.
11. They surrounded me, they encompassed me, but in the Name of the Lord I will cut them down.
12. They surrounded me like bees, yet they shall be extinguished like fiery thorns; in the Name of the Lord I will cut them down.
13. You [my foes] repeatedly pushed me to fall, but the Lord helped me.
14. God is my strength and song, and He has been a help to me.
15. The sound of rejoicing and deliverance reverberates in the tents of the righteous, "The right hand of the Lord performs deeds of valor.
16. The right hand of the Lord is exalted; the right hand of the Lord performs deeds of valor!”
17. I shall not die, but I shall live and recount the deeds of God.
18. God has indeed chastised me, but He did not give me up to death.
19. Open for me the gates of righteousness; I will enter them and praise God.
20. This is the gate of the Lord, the righteous will enter it.
21. I offer thanks to You, for You have answered me, and You have been my deliverance.
22. The stone which the builders scorned has become the chief cornerstone.
23. From the Lord has this come about; it is wondrous in our eyes.
24. This is the day which the Lord has made; let us be glad and rejoice on it.
25. We implore You, Lord, deliver us. We implore You, Lord, grant us success.
26. Blessed is he who comes in the Name of the Lord; we bless you from the House of the Lord.
27. The Lord is a benevolent God and He has given us light; bind the festival offering with cords until [you bring it to] the horns of the altar.
28. You are my God and I will praise You, my God-and I will exalt You.
29. Praise the Lord for He is good, for His kindness is everlasting.
Tanya: Likutei Amarim, middle of Chapter 27• Today's Tanya Lesson
Likutei Amarim, middle of Chapter 27
ולכן אל יפול לב אדם עליו ולא ירע לבבו מאד
Therefore one should not feel depressed or very troubled at heart (— he ought to be somewhat troubled by the occurence of these thoughts, otherwise he may become indifferent to them and will cease to wage war against them; but he ought not to be sorelytroubled by them),
גם אם יהיה כן כל ימיו במלחמה זו
even if he be engaged all his days in this conflict with the thoughts which will always enter his mind.
Though he may never rise to the level which precludes their occurence, yet he should not be depressed.
כי אולי לכך נברא, וזאת עבודתו: לאכפיא לסטרא אחרא תמיד
For perhaps this is what he was created for, and this is the service demanded of him — to subdue the sitra achra constantly.
ועל זה אמר איוב: בראת רשעים
Concerning this Job said to G‑d: 1 “You have created wicked men,” as though it were preordained that one man be wicked, and another righteous.
In the first chapter, the Alter Rebbe pointed out that this is contradicted by the statement in the Gemara that before a child is born, G‑d decrees whether he shall be wise or foolish, strong or weak, and so on, but does not determine whether he will be righteous or wicked — this is left to one’s own choice. The meaning of Job’s statement becomes clear, however, in light of the above discussion. True, G‑d does not ordain whether man will act wickedly, but He does “create wicked men,” in the sense that their minds work like the mind of the rasha, with evil thoughts constantly occuring to them. G‑d created them in this way so that they will engage in battle with these thoughts, and thereby subjugate the sitra achra — as the Alter Rebbe now goes on to say.
ולא שיהיו רשעים באמת, חס ושלום
The implication of Job’s statement is not that they were created to actually be wicked, G‑d forbid, i.e., sinful in thought, speech and action,
אלא שיגיע אליהם כמעשה הרשעים במחשבתם והרהורם בלבד
but that there should occur to them, in their thoughts and musings alone, that which occurs to the wicked, 2 i.e., that evil thoughts should enter their mind, as they do in the mind of the wicked,
והם יהיו נלחמים תמיד להסיח דעתם מהם כדי לאכפיא לסטרא אחרא
and they shall eternally wage war to avert their minds from them in order to subjugate the sitra achra,
ולא יוכלו לבטלה מכל וכל, כי זה נעשה על ידי הצדיקים
yet they will never be able to annihilate the sitra achra in their souls completely, for this is accomplished by tzaddikim.
A tzaddik subjugates his animal soul to such a degree that it is unable to arouse temptation in his heart. His mind is therefore untroubled by evil thoughts. Those, however, of whom Job said that they were “created wicked,” cannot rise to this level. It is always possible for evil thoughts to enter their minds; their task is not to give them free rein.
ושני מיני נחת רוח לפניו יתברך למעלה
For there are two kinds of Divine pleasure:
אחת, מביטול הסטרא אחרא לגמרי, ואתהפכא ממרירו למתקא ומחשוכא לנהורא, על ידי הצדיקים
one, from the complete annihilation of the sitra achra, and the conversion of bitter to sweet and of darkness to light (— the former referring to the emotional faculties of the animal soul, and the latter to its mental faculties), which is accomplished bytzaddikim;
והשנית, כד אתכפיא הסטרא אחרא בעודה בתקפה וגבורתה, ומגביה עצמה כנשר
and the second: when the sitra achra is subdued while it is still at its strongest and most powerful, soaring like an eagle,
ומשם מורידה ה׳ באתערותא דלתתא על ידי הבינונים
and from this height G‑d topples it in response to human initiative i.e., as a result of one’s efforts at subduing the sitra achra in his soul. This is accomplished by Beinonim.
Each of the two aforementioned categories — those who were “created righteous” and who were “created wicked” — brings about one of these two kinds of Divine gratification.
וזהו שאמר הכתוב: ועשה לי מטעמים כאשר אהבתי
This is alluded to in the verse, 3 “And make me delicacies, such as I love,”
מטעמים לשון רבים, שני מיני נחת רוח
where the word matamim (“delicacies”) is written in the plural, indicating two kinds of pleasure.
והוא מאמר השכינה לבניה כללות ישראל, כדפירש בתיקונים
These words are the charge of the Shechinah to its children, the community of Israel, as explained in Tikkunei Zohar — that with these words G‑d asks of the Jewish people to please Him with their divine service.
וכמו שבמטעמים גשמיים, דרך משל, יש שני מיני מעדנים
Just as with material food, there are two kinds of delicacies—
אחד, ממאכלים ערבים ומתוקים, והשני מדברים חריפים או חמוצים
one of sweet and luscious foods, and the other of sharp or sour articles which are unpleasant to eat in their natural state,
רק שהם מתובלים ומתוקנים היטב עד שנעשו מעדנים להשיב הנפש
but have been well spiced and prepared so that they become delicacies which revive the soul — so too are there two kinds of spiritual delicacies.
One is provided by tzaddikim, who are occupied solely with matters that are “good” and “sweet” — holy matters. Having conquered the evil of their animal soul, they no longer need grapple with the sitra achra. Their divine service consists of increasing the light of holiness. The second kind of delicacy is provided by Beinonim, who are occupied with “bitter” matters, with battling against the sitra achra in their soul, and with the evil thoughts that it spawns.
וזהו שאמר הכתוב: כל פעל ה׳ למענהו, וגם רשע ליום רעה
This is indicated in the verse, 4 “The L-rd has made everything for His sake; even the wicked for the day of evil.”
How can it be said that the rasha was created for G‑d’s sake?
פירוש: שישוב מרשעו ויעשה הרע שלו יום ואור למעלה
This means, however, that he should repent of his evil, and turn his evil into “day” and light above,
כד אתכפיא סטרא אחרא ואסתלק יקרא דקודשא בריך הוא לעילא
when the sitra achra is subdued, and the glory of G‑d is uplifted on high.
Thus, the meaning of the words “even the wicked for the day of evil” is that the purpose of the wicked is to transform the “evil” into “day”.
* * *
FOOTNOTES
1. Bava Batra 16a.
2. Cf. Kohelet 8:14.
3. Bereishit 27:4.
4. Mishlei 16:4.Rambam:
• Sefer Hamitzvos:
Daily Mitzvah
P153
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 153 (Digest)
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
The establishment of new months and leap years must be done during daylight hours.
A year must be comprised of complete months; a month must be comprised of complete days.
The 153rd mitzvah is that G‑d (exalted be He) commanded us to calculate the months and years.1 This is the mitzvah of Kiddush HaChodesh (Sanctifying the Moon).
The source of this commandment is G‑d's statement2 (exalted be He), "[And G‑d said to Moshe and Aharon in the land of Egypt,] 'this month [Nissan] shall be the head month to you.' "
In their explanation of this mitzvah, the Sages said,3 "This testimony is given lochem ["you", plural]."4 The meaning of this statement: This mitzvah is not incumbent on every individual as is Shabbos, for example, where every single individual counts six days and rests on the seventh. In our case, it would mean that every individual who sees the appearance of the new moon would consider that day Rosh Chodesh [the first of the month]; Or that an individual could use the Torah-approved calculations to himself determine Rosh Chodesh; Or that he could himself estimate that the produce would not yet ripen [by Pesach]5, or consider any of the other factors6 which are used in determining [the calendar] — and then [himself declare a leap year and] add a month!
However, this mitzvah can only be performed by the Bais Din Hagadol, and only in Eretz Yisroel7. Therefore, since today there is no Bais Din HaGadol, we no longer determine the months on the basis of testimony, just as we no longer bring sacrifices because there is no Holy Temple.
The group of heretics known here in the East8 as Karaites have erred in this principle.9 Not even all of the Rabbis have grasped it, and as a result, grope around with them together in deep darkness.10
One must understand that the calculations which we use today to know11 when Rosh Chodesh and the holidays occur, may only be done in Eretz Yisroel. Only in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel, is it permissible to declare a leap year or determine Rosh Chodesh outside Eretz Yisroel — as Rabbi Akiva did, as explained in the Gemara.12 This is a very extreme measure, and it is well known that in the majority of cases, it was done only in Eretz Yisroel. They [i.e. the Sages in Eretz Yisroel] are the ones to establish the months and declare a leap year, when they gather together and use the accepted methods.
There is a very important principle upon which the Torah's perspective13 on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outside Eretz Yisroel use our system to make calculations and we declare that "this day is the first of the month," and "this day is a holiday," does not in any way mean that we are making this day based on our calculations. Rather, it is because the Bais Din in Eretz Yisroel has already established that the day is a holiday or Rosh Chodesh. The day becomes a holiday or Rosh Chodesh upon their declaration, "Today is Rosh Chodesh, or "Today is a holiday"; regardless of whether they based their actions on calculations or testimony.14
This [that the Bais Din HaGadol in Eretz Yisroel has absolute authority] is known to us through the verse15, "[Speak to the Israelites and tell them, 'These are the holidays] that you shall designate.' " Our Sages explain16, "These are the only holidays." The meaning of this statement, as passed down in the Oral Tradition: whatever they [i.e. the Bais Din] designate as holidays are considered holidays, even if they made an error, were forced [into making a declaration], or misled.
The calculations which we make today are only to know which day they established in Eretz Yisroel, since they use the exact same system to make calculations and to determine the day – not testimony. Therefore, we are really basing ourselves on their determination, rather than our own calculations, which are only used to reveal [what they already determined previously]. One must clearly understand this.
I will give some additional explanation: let us assume, for example, that there would be no Jewish inhabitants in Eretz Yisroel (G‑d forbid such a thing, since He has already promised that he will never completely wipe out or uproot the Jewish nation17); that there would be no Bais Din there, nor a Bais Din outside Eretz Yisroel which had been ordained in Eretz Yisroel. In such a case, our calculations would be totally futile,18 since we, who dwell outside Eretz Yisroel, may not make the calculations, nor declare leap years nor establish the months without the conditions mentioned above,19 since, "For from Zion shall go forth the Torah, and the word of the L‑rd from Jerusalem."20 A person who fully understands the words of the Talmud in this subject will, upon meditation, undoubtedly agree with the abovementioned.
The Torah contains brief references to the basic principles which are relied upon to know when Rosh Chodesh and the leap years occur. Among them: "This law must therefore be kept at its designated time (l'moadah)."21 Our Sages said,22 "This teaches you that one may add on to the leap year only close to the holiday" [moed, i.e. Pesach23].
They also said,24 "From which verse do we derive that only during the daytime may we officially add on to the month or officially declare Rosh Chodesh? From the verse,25 'miyamim yamimah.' "26
[So too,] G‑d's statement27 (exalted be He), "[This month shall be the head month to you; the first month] of the months of the year." On this our Sages said,28 "The year must be composed of months, not of [odd] days", meaning that when adding on to the year, a complete month must be added.29
There is also a verse,30 "a month of days." Our Sages commented,31 "the month must be composed of days, not of [odd] hours". [So too] the verse,32 "safeguard the month of Aviv,"33 which implies that in calculating the year we must take into account the seasons. Therefore, they shall be years [based not only on the moon but also] based on the sun.
All the details of this mitzvah have been completely explained in the first chapter of Sanhedrin,34 in tractate Rosh Hashanah,35 and in Berachos.
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.The lunar month has approximately 29 1/2 days. Since, as mentioned later in this mitzvah, a month may only consist of complete days, one must determine whether a particular month has 29 or 30 days. This could be done either by witnesses, who testified that they saw the moon appear on the 30th day, or by making the astronomical calculations.
In addition, the holidays must fall out in the proper season: Pesach in the spring, etc. Since the lunar year is only 354 days and the solar year 365 days, each lunar year is 11 days short. Therefore, an additional lunar month must be periodically added in order to maintain the proper timing of the holidays.
2.Ex. 12:2.
3.Rosh Hashanah 22a.
4.I.e. to Moshe and Aharon. In later generations, it applies to the most important heads of the generation. See Rashi, ibid.
5.This would be a sign that Pesach is too early and therefore a month must be added.
6.Such as the spring solstice falling out later than the 16th of Nissan.
7.Unless there is no Sage in Eretz Yisroel of sufficient stature. See below.
8.I.e. Egypt. See Heller edition, note 10.
9.And therefore, even in the Rambam's times, they attempted to do this mitzvah by determining the calendar on the basis of testimony, each location individually. See Yad Halevi, note 8.
10.Trying to disprove the Karaites with faulty reasoning — saying, for example, that the primary mitzvah is to base everything on calculations, rather than testimony, even when the Bais Din HaGadol was in existence (unlike the Rambam's reasoning). See Kapach, 5731, note 40. The Rambam therefore proceeds to explain the function of the calculations.
11.See below for the preciseness of this wording — that today we use the calculations only to "know" what was previously established, not to ourselves establish Rosh Chodesh.
12.Berachos 63a.
13.This phrase can also be translated, "full understanding." See Kapach, 5731, note 44.
14.See note below regarding today's situation, where there is no Bais Din Hagadol in Eretz Yisroel.
15.Lev. 23:2.
16.Rosh Hashanah 25a.
17.For the source of this statement, see Tzafnas Paneach; Yermiyahu 31:35-36 and Guide to the Perplexed Part II, ch.28 (quoted in Kapach, 5731, note 51.)
18.The Ramban asks, if so, how can we have holidays and a calendar today?
However, there is a tradition (see Rashba, responsa, Vol.4, No.254) that Hillel HaNassi, in Eretz Yisroel, established a calendar until the arrival of Moshiach. Therefore, we can use our calculations to determine exactly what was previously established. According to many commentaries (see, for example, Megillas Esther; Chinuch) this is also the opinion of the Rambam. However, see Avnei Nezer, Orach Chaim, 310, 311; Maharam Shick, Mitzvah 4; Chasam Sofer, Yoreh Deah, 234.
19.I.e. in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel.
20.Yeshayahu 2:3.
21.Ex. 13:10.
22.Mechilta D'Rashbi.
23.The extra month of the leap must be an additional Adar, right before Nissan, the month of Pesach.
24.Mechilta D'Rashbi.
25.Ex. 13:10.
26.Literally, "from day to day." The standard translation of this verse, however, is "from year to year," or "every year."
27.Ex. 12:2.
28.Megilah 5a.
29.Unlike the solar leap year, where one day is added.
30.Num. 11:21.
31.Megillah 5a.
32.Deut. 16:1.
33.I.e. the spring solstice.
34.11a.
35.20a.
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.
• 1 Chapter: Kri'at Shema Kri'at Shema - Chapter Three Kri'at Shema - Chapter Three
In the second chapter, the Rambam discussed various halachot regarding the proper state of mind necessary for the reciting of the Shema. In Chapter 3, the discussion centers on the proper physical surroundings required for the performance of the mitzvah and those situations that preclude its fulfillment.
Deuteronomy 23:10-15 discusses the laws regarding army camps, giving as a fundamental guiding principle: "God walks among your camp, therefore,... your camp must be holy" (ibid.., 15). Included in that guideline is the obligation for every soldier to carry a spade in order to cover his excrement (ibid.. 23:14). (See Positive Commandments 192 and 193 in Sefer HaMitzvot of the Rambam,Hilchot Melachim 6:14-15.)
Since these laws were instituted because "God walks among your camp," it follows that they are also relevant when the Jews attempt to relate to God through prayer. Thus, these verses also serve as the source for the laws regarding the prohibition of reciting the Shema in the presence of feces as discussed in this chapter.
Commenting on the above verses, the Sifri states: "From here, we are taught that one should not recite the Shema next to the soakings of the clothes washers" - i.e., that one should not recite the Shema in a place where there is a foul odor or an unclean substance.
Halacha 1
One who recites the Shema should wash his hands with water before reciting it.
If the time for reciting the Shema arrives and he cannot find water, he should not delay his recitation in order to search for water. Rather, he should clean his hands with earth, a stone, or a beam [of wood] or a similar object, and then recite.
Halacha 2
One should not recite the Shema in a bathhouse or latrine - even if there is no fecal material in it - nor in a graveyard or next to a corpse. If he distances himself four cubits from the grave or the corpse, he is permitted to recite it. Anyone who recites in an improper place must recite the Shema again.
Halacha 3
The Shema may be recited facing, but not inside, a latrine that has been newly built, but not used as of yet. [In contrast,] the Shema may be recited in a new bathhouse.
In the case of two buildings, one of which was designated for use as a latrine and, concerning the other, the owner said: "And this..." - a doubt remains regarding the latter: whether it also was appropriated for a similar use or not.
Therefore, one should not deliberately recite the Shema there. However, after the fact, if he recited it there, he has fulfilled his obligation.
If the owner said: "Also this," both have been designated for this use, and theShema may not be recited in them.
It is permissible to recite the Shema in the courtyard of the bathhouse, i.e., the place where people stand clothed.
Halacha 4
Not only Kri'at Shema, but nothing pertaining to matters of sanctity may be uttered in a bathhouse or latrine, even in a language other than Hebrew.
Not only speech, but even thoughts pertaining to the words of Torah are forbidden in a bathhouse, latrine or other unclean places - i.e., a place where feces or urine is found.
Halacha 5
Secular matters may be discussed in a latrine, even in Hebrew. Similarly, the terms used to express Divine attributes, such as merciful, gracious, faithful and the like, may be uttered in a latrine.
However, the specific names of the Almighty - i.e., those which may not be erased - may not be mentioned in a latrine or bathhouse that has been used. If a situation arises where it is necessary to restrain someone from wrongdoing, this should be done, even in Hebrew and even concerning matters of sanctity.
Halacha 6
The Shema may not be recited in the presence of human feces, or in the presence of dog or pig excrement while skins are soaking in it, or in the presence of any other feces like these that have a foul odor. This is also the case regarding human urine, but not animal urine.
One need not distance oneself from the feces or urine of a child unable to eat the weight of an olive of grain cereal, in the time in which an adult could eat an amount equivalent to the weight of three eggs.
Halacha 7
One may not recite the Shema next to feces, even if they are as dry as a shard. However, if they were so dry that, if thrown away, they would crumble, one may recite the Shema facing them.
If urine that has been soaked up into the ground is still sufficiently wet to moisten one's hand, the Shema should not be recited facing it. If it has dried sufficiently, the Shema may be recited.
Halacha 8
How far must a person distance himself from feces or urine in order to recite the Shema? Four cubits. This applies when they are at his side or behind him, but if they are in front of him, he should move until he cannot see them, and then recite [the Shema].
Halacha 9
When does the above apply? When he is in an enclosure with them, and they are on the same level. However, if they are 10 handbreadths higher or lower than he, he may sit next to them and recite the Shema, since there is a space separating them.
The above applies provided no foul smell reaches him. Similarly, if he were to cover the feces or urine with a vessel, it would be considered as buried, even though it would still be in the room, and it is permitted to recite [the Shema] next to it.
Halacha 10
A person who is separated from feces by a glass partition, may recite theShema next to them even if he can still see them. If a quarter log of water is added to the urine of one micturition, the Shema may be recited within four cubits of it.
Halacha 11
If feces are found in a hole in the ground, a person may stand with his shoe over the hole and recite the Shema. However, his shoe may not touch the feces.
If one finds very small feces, the size of a drop, he may expectorate thick saliva upon it to cover it, and then recite the Shema.
When there is a residue of feces on one's skin or one's hands are dirty from the washroom, if - because of the small quantity or its dryness - there is no foul odor, he may recite the Shema, since there is no foul odor.
However, if it is still in its place, even if not visible when he stands, since it is visible when he sits, he is forbidden to recite the Shema until he cleans himself very well. This is because of the moist nature and foul smell of the feces.
Many Geonim taught that one is forbidden to recite the Shema if one's hands are soiled, and it is proper to heed their teaching.
Halacha 12
[When the source of] a foul odor has substance, one may distance himself four cubits and recite the Shema provided the odor has subsided. If it has not subsided, he should distance himself further until it ceases.
If [the odor] is not emanating from an actual substance - e.g., it is the result of someone passing gas - he should distance himself until the odor ceases and [then] recite.
It is forbidden to recite the Shema in front of a cesspool or chamber pot, even if it is empty and has no foul smell, as it is similar to a latrine.
Halacha 13
It is forbidden to recite the Shema while facing moving excreta - e.g., excreta floating on the water. The mouth of a pig is regarded as moving excreta. Therefore, the Shema may not be recited facing it, until it has moved four cubits away.
Halacha 14
A person who reaches an unclean place while he is walking and reciting theShema, should not place his hand over his mouth and [continue] his recitation. Rather, he should stop reciting until he has passed this particular place.
Similarly, if one is reciting [the Shema] and passes gas, he should stop until the odor subsides and resume his recitation afterwards. The same applies to one studying Torah.
When another person passes gas, even though one should stop reciting theShema, he need not interrupt his Torah study.
Halacha 15
A person is permitted to continue reciting the Shema if a doubt arises whether feces or urine is found in the house in which he is located.
In contrast, a person reading the Shema in a garbage heap is not permitted to continue reading if a doubt arises regarding the presence of feces until he checks [that it is clean] because a garbage heap may be presumed to contain feces. If the doubt exists only regarding urine, however, the Shema may be recited even in a garbage heap.
Halacha 16
Just as it is forbidden to recite the Shema where there are feces or urine until one distances himself from it, so, too, the Shema may not be recited in the presence of nakedness, unless one turns his face away.
This applies also to a non-Jew or a child. Even if a glass partition separates him from them - since he sees them - he must turn his face away in order to recite the Shema.
Any part of a woman's body is regarded as ervah. Therefore, one should not gaze at a woman, even his wife, while reciting the Shema. If even a handbreadth of her body is uncovered, he should not recite the Shema facing her.
Halacha 17
Just as one may not recite the Shema in the presence of another's nakedness, so, too, is he forbidden to do so when he himself is naked. Therefore, one may not recite the Shema when he is naked until he covers his nakedness.
If his loins are covered with cloth, leather or sack, even though the rest of his body is exposed, he may recite the Shema, as long as his heel does not touch his genitalia.
If he is lying under his sheet, but is otherwise naked, he should make a separation by placing his sheet below his heart, and [then] recite the Shema. He should not, however, make a separation from his neck [downward] and recite, because his heart will see his nakedness, and it is as if he is reciting without any loin covering.
Halacha 18
When two people are lying under one sheet, each is forbidden to recite theShema even if he has covered himself below his heart, unless the sheet also separates between them in a manner that prevents their bodies from touching from the loins downward.
If he is sleeping with his wife, children or other young members of his household, their bodies are considered like his own, and he is not affected by them. Therefore, even though his body is touching theirs, he may turn away his face, separate below his heart and recite [the Shema].
Halacha 19
Until when is one considered a child concerning this matter? A boy, until 12 years and one day; a girl, until 11 years and one day.
[When they reach that age, they are only excluded when] their physical characteristics are like those of adults - i.e., developed breasts and pubic hair. From this time onwards, one may not recite the Shema unless he has first separated himself from them with the sheet.
However, if they have not yet developed breasts or pubic hair, he may still recite [the Shema while lying] in physical contact with them, and need not separate from them until the boy is 13 years and one day, and the girl 12 years and one day.
Commentary Halacha 1
One who recites the Shema should wash his hands with water - Rabbi Yochanan says: A person who wants to accept upon himself the kingship of Heaven in the most complete fashion should see to his bodily needs, wash his hands, put on tefillin, recite the Shema and pray. Rav Chiyya bar Abba equates this process with the building of the altar and the bringing of sacrifices, based on the verse in Psalms 26:6: "I wash my hands in innocence and I encompass Your altar, O God" (Berachot 14a-15a).
before reciting it. - This is the case even if one's hands are not obviously dirty, because hands tend to touch the covered parts of one's body, and thus, require the washing of hands.
The Rambam holds that a blessing is recited after one washes one's hands before Kri'at Shema. (See Hilchot Berachot 6:2.) The requirement to wash our hands upon rising in the morning was established by the Sages as a preparation for Kri'at Shema and the Amidah. A blessing was instituted for this act and, therefore, a blessing is recited every time that one washes his hands before Kri'at Shema or the Amidah. (Rabbenu Asher also shares this position. See his notes to the ninth chapter of Berachot.)
The Rashba explains, however, that the blessing על נטילת ידים was instituted as one of the many blessings that one recites upon rising in the morning (ברכות השחר). In response to receiving anew his soul from Heaven, one is obligated to praise and thank God. In that context, the Sages also instituted the requirement that he sanctify himself for his day's worship, just as the priests in the Temple did - i.e., by washing his hands with water from a vessel. There is, however, no intrinsic connection between the washing of hands, and Kri'at Shema and theAmidah. Therefore, the blessing is recited only in the morning upon rising.
The Shulchan Aruch, Orach Chayim 92:5 and 233:2 agrees with the Rashba and does not require a blessing upon washing hands in preparation for Kri'atShema and the Amidah. (See also Beit Yosef on Tur Orach Chayim 7, Magen Avraham, the Mishnah Berurah on Orach Chayim 4:1, and the Shulchan Aruch HaRav, Orach Chayim 4:1.)
If the time for reciting the Shema arrives - See Chapter 1, Halachah 11. According to the Rambam's position, this refers to ten minutes before sunrise. The differing opinions will interpret it to mean that the third hour of the morning will soon pass.
and he cannot find water, he should not delay his recitation in order to search for water. - In contrast, in Hilchot Tefillah 4:2 and 4:3, the Rambam obligates one to travel a substantial distance (up to 4 kilometers) to find water in order to wash his hands before the Amidah. Rabbenu Manoach explains that, in the latter instance, the law is stricter because there is a longer time during which one may recite the Amidah - until the end of the fourth hour. Hence, we need not worry that he will miss the proper time.
The Kessef Mishneh adds that we are stricter regarding the time of Kri'atShema since it is a Torah obligation. Were a person obligated to travel great distances in search of water, he might miss the proper time of Kri'at Shema simply in order to fulfill the Rabbinic ordinance regarding washing his hands.
Rather, he should clean his hands with earth, a stone, or a beam [of wood] - Berachot 15a explains that Psalms 26:6, the verse from which the obligation to wash is derived, does not state "I wash my hands in water," but rather binikayon, in innocence or cleanliness. Thus, anything useful for cleaning the hands may be used, although water is most preferable.
or a similar object, and then recite. - Berachot 15a uses the expression “anything that cleans.” Therefore, rough clothing is also useful for this purpose (Kessef Mishneh), as is cleaning one's hands by rubbing them against the wall (Shulchan Aruch, Orach Chayim 92:6).
Commentary Halacha 2
One should not recite the Shema in a bathhouse - When describing the proper environment for an army camp, Deuteronomy 23:15 states: "He shall not see any nakedness among you." Implied is that nakedness, and also a place where people undress even if no naked people are there, is not appropriate for "God to walk among you." Hence, neither Shema nor the Amidah can be recited there. See halachot 16-19.
or latrine - even if there is no fecal material in it - Berachot 26a and Shabbat10a explain that even without the presence of fecal matter, a latrine is not a fit place for prayer.
nor in a graveyard or next to a corpse. - Berachot 18a. Proverbs 17:5 states: "The one who mocks the poor (rash) reproaches his Creator." The Talmud also explains that this term also refers to the dead and derives many halachot regarding conduct in the presence of a corpse from this verse. It is forbidden to wear tefillin or carry a Torah scroll in a graveyard, since one would, in a certain sense, be mocking the dead, who are unable to perform mitzvot. This is the case regarding Kri'at Shema also.
If he distances himself four cubits from the grave or the corpse, he is permitted to recite it. - Sotah 43b teaches us that a corpse "occupies" a space of four cubits regarding Kri'at Shema.
Anyone who recites in an improper place must recite the Shema again. -The Kessef Mishneh explains that the Rambam's position is based on the notion of קנסוהו רבנן i.e., that the Rabbis disallowed the Kri'at Shema even in a case where one was unaware of the impropriety of the place, so that people would exercise greater care in this matter.
The Ra'avad differs with one aspect of the Rambam's decision. He maintains that although it is certainly forbidden to read the Shema in the presence of a corpse or in a graveyard, the violation of this prohibition does not override the fact that one did recite the Shema. Therefore, he need not repeat it. TheShulchan Aruch, Orach Chayim 71:7, agrees with the Rambam. (See theMishnah Berurah also.)
Commentary Halacha 3
The Shema may be recited facing, but not inside,a latrine that has been newly built, but not used as of yet. - The designation alone of a building for such a purpose attaches a stigma to it such that it is unfit for the Shema to be recited inside it.
Shabbat 10a raises the question of praying in such a building and does not resolve the issue. The Ra'avad therefore disagrees with the Rambam and feels that such a doubt should be dealt with leniently - i.e., that we should allow one to pray inside such a building.
[In contrast,] the Shema may be recited in a new bathhouse. - Rav Adda bar Ahava states: "One may pray in a bathhouse." The Talmud explains that he was referring to a new bathhouse. Rashi explains that this means that it has been designated as such but no one has ever bathed there (Shabbat 10a).
The Sages felt the stigma attached to a bathhouse was not as severe as that attached to a latrine and hence, were more lenient.
In the case of two buildings, one of which was designated for use as a latrine and, concerning the other, the owner said: "And this..." - a doubt remains regarding the latter: whether it also was appropriated for a similar use or not. - Nedarim 7a mentions this case within the context of the Talmudic concept of yad (“a handle”) of a vow or other significant utterance. This term refers to expressions that are not completely self-explanatory and leave room for doubt. Just as the handle of a cup is not the essential part of the cup, and yet when one grabs the handle the whole cup itself follows, so, too, a statement can be made which in itself is incomplete or unclear, but seems to contain within it an intimation of a complete idea. In our case, it is unclear whether the word וזה refers also to a latrine or to another idea altogether.
Therefore, one should not deliberately recite the Shema there - since perhaps the expression וזה does indeed make it appear as if he actually said the word "latrine."
However, after the fact, if he recited it there, he has fulfilled his obligation. - Rav explains that this is based on the idea of ספק דרבנן לקולא (that a doubt concerning a rabbinic ordinance is dealt with leniently).
If the owner said "Also this," both have been designated for this use, and the Shema may not be recited in them. - Nedarim 7a deals explicitly with this case and understands "Also this" as clearly referring to a latrine.
It is permissible to recite the Shema in the courtyard of the bathhouse - In contrast to the previous cases in this halachah, this applies to the courtyard of a bathhouse which is being used.
i.e. the place where people stand clothed. - Shabbat 10a distinguishes between the middle room where some people are clothed and others naked, and the courtyard of the bathhouse, where everyone is clothed. Only there, in the courtyard, is one permitted to recite the Shema.In the middle room one is prohibited from reciting Kriat Shema even if there are no naked people there at the time (Shulchan Aruch HaRav Orach Chayim 84:1).
Commentary Halacha 4
Not only Kri'at Shema, but nothing pertaining to matters of sanctity - e.g., Torah study or prayers,
may be uttered in a bathhouse or latrine, even in a language other than Hebrew. - Berachot 24b quotes various verses which equate such utterances with very serious transgressions.
Not only speech but even thoughts pertaining to the words of Torah are forbidden in a bathhouse, latrine or other unclean places - Psalms 12:7states: "The words of God are pure words." Therefore, it is improper for them to be uttered or contemplated in a place of filth (Sefer Chassidim 546).
i.e., a place where feces or urine is found. - Zevachim 102b relates that Rabbi Elazar ben Rabbi Shimon thought of a halachah while at the latrine. The Talmud then asks how he could have done such a thing, since such thought is forbidden. They explain that a state that is unavoidable (anus is different.
Rashi explains that Rabbi Elazar was so immersed in his Torah study that he thought about it even against his will. Rabbenu Manoach quotes the Ra'avad as saying that in such a case, thoughts of Torah are permitted when at the latrine.Sefer Chassidim (loc. cit..) advises that people should force themselves to think of mundane matters in order to avoid thoughts of Torah in unclean places. (SeeMagen Avraham, Orach Chayim 85.)
Commentary Halacha 5
Secular matters may be discussed in a latrine, even in Hebrew. - TheMagen Avraham (Orach Chayim 85) quotes Sefer Chassidim (994) which states that one should accustom oneself to act piously and not speak Hebrew at the latrine. The Ramah (Orach Chayim 3:2) mentions that it is preferable not to speak at all at the latrine.
Similarly, the terms used to express Divine attributes, - The terms used to praise God, but which are not His specific names and may therefore be erased (Hilchot Yesodei HaTorah 6:5).
such as merciful, - רחום in Hebrew. The Ra'avad disagrees with the Rambam and states that since this attribute is used as a name only in relation to God, it may not be uttered in the latrine. Rabbenu Yonah quotes Psalms 112:4 as a source that uses the term רחום in relation to a righteous person, thereby refuting the Ra'avad. The Shulchan Aruch, Orach Chayim 85:2 accepts the Rambam's position.
gracious, faithful and the like, may be uttered in a latrine. - when they are not used to refer to Him, but are mentioned in the course of one's speech.
However, the specific names of the Almighty i.e., those which may not be erased. - In Hilchot Yesodei HaTorah (ibid..) the Rambam gives a larger list than appears here and includes descriptive terms used to refer to God, e.g., the Great One, the Mighty One, and other names.
The Kessef Mishneh expresses surprise at the exclusion of the term שלום.Shabbat 10b explicitly mentions it as forbidden to be uttered in the bathhouse - all the more so at the latrine - since it is specifically used as a name of God (Judges 6:24). The Magen Avraham (Orach Chayim 95) also forbids the utterance of שלום in such places.
may not be mentioned in a latrine or bathhouse that has been used - This refers only to the bathhouse for these statements may not be recited in a latrine even though it has not been used.
If a situation arises where it is necessary to restrain someone from wrongdoing, this should be done, even in Hebrew and even concerning matters of sanctity. - Shabbat 40b quotes an instance in which Rabbi Meir explicitly mentioned a halachah in the bathhouse in order to stop a pupil from transgressing. Accordingly, it distinguishes between distancing someone from wrongdoing, which is permitted, and uttering other words of Torah, which is forbidden (as mentioned).
Commentary Halacha 6
The Shema may not be recited in the presence of human feces - even if it emits no foul odor. (See Rashi on Berachot 25a.)
or in the presence of dog or pig excrement while skins are soaking in it -Skins were frequently soaked in feces in the process of making them into leather.
Berachot 25a quotes two beraitot. One prohibits the Shema to be read near the excrement of dogs and pigs, and the other prohibits Kri'at Shema in the presence of these excrements only when skins are soaking in them. Ravvah prefers the second source, and the Rambam decides halachah in accordance with Ravvah's position.
Rashi explains that the idea of soaking skins applies only to the excrement of dogs and pigs, since it is a common practice to soak skins in them, but not to human feces, which is not used for such a purpose.
or in the presence of any other feces like these that have a foul odor. -This includes chicken or donkey dung (Kessef Mishneh based on the Jerusalem Talmud, Berachot 3:5).
This is also the case regarding human urine but not animal urine. - I.e., the Shema may be recited next to it. The Ra'avad disagrees with the Rambam and quotes the Jerusalem Talmud, which includes donkey urine as one of those items that prohibit Kri'at Shema. The Kessef Mishneh explains that the Talmud on which the Rambam based his decision most probably mentioned donkey dung (as mentioned in the previous comment) and not donkey urine. TheShulchan Aruch, Orach Chayim 79:6 reflects the position of the Ra'avad.
Rabbenu Asher points out that the Rambam mentions animal urine alone as not being problematic, thereby indicating that animal dung (e.g., cow or horse excrement) would be problematic. Rabbenu Asher himself sees no room to prohibit animal dung, since it is never mentioned in the Talmud as problematic. The Kessef Mishneh holds that the Rambam's position is that animal dung is prohibited only if its smell causes discomfort, and that the extent of this discomfort is somewhat subjective. Therefore, the Rambam did not mention it explicitly.
The Shulchan Aruch, Orach Chayim 79:4 rules in accordance with this understanding of the Rambam. (This is not surprising, since the Kessef Mishneh and the Shulchan Aruch were both written by Rav Yosef Karo.)
One need not distance oneself from the feces or urine of a child unable to eat the weight of an olive, - The weight of a זית (an olive's size) cannot be determined by weighing an average olive today. Rather, it is dependent on the measure established by the Sages, and this is the subject of debate by the Rabbinic authorities. The Pri Chadash (Orach Chayim 486) explains that the Rambam considers an olive as one third the size of an egg (כביצה, a more familiar Talmudic measure). In terms of modern measurements, this olive size would be between 16.6 and 24 grams, according to various Halachic opinions.
Tosefot (Chullin 103a) differs, and defines a 18תיזכ (the size of an olive) as one half the size of an egg (between 25.6 and 36 grams according to the various opinions).
of grain cereal - There are five types of grain cereal - wheat, barley, oats, spelt and rye (See Hilchot Chametz U'Matzah 5:1).
in the time in which an adult could eat an amount equivalent to the weight of three eggs. - This measure (אכילת פרס in Hebrew) is significant in halachah. Just as the Torah requires a specific quantity, the size of an olive, as regards many of the mitzvot and prohibitions concerning eating, it also specifies a limited period in which this amount of food must be consumed: 18ידכ סרפáתליכא - the time it takes to eat this measure.
This measure is also a point of Rabbinic controversy. Here and in Hilchot Ma'achalot Asurot 14:8, the Rambam defines 18תליכא סרפ as three eggs. Rashi (Pesachim 44a) takes a more lenient view, defining it as four eggs.
This halachah is based on the principle that it is unnecessary to distance oneself from a child's feces or urine which does not have a foul odor. Thus while a child's sole source of nourishment is nursing, there is no prohibition. However, grains emit a foul odor after being digested (Rashi on Succah 42b). Therefore, once the child begins eating them, the Shema may not be recited in the soiled child's presence.
Commentary Halacha 7
One may not recite the Shema next to feces even if they are as dry as a shard. However, if they were so dry that if thrown away - Berachot 25a defines this as feces which when either: a) rolled, or b) thrown, they will not crumble. At such a time, they are regarded like a shard. The Rambam chooses the stricter of these two opinions - i.e., that if thrown it still retains its shape and is, therefore, forbidden (Kessef Mishneh).
it would crumble - Rabbenu Manoach states that it must really crumble and not just break into two pieces.
one may recite the Shema facing them. - However, if they still emit a foul odor, the Shema may not be recited next to them, as mentioned in Halachah 12 in regard to a foul smell emanating from a substance (Kessef Mishneh).
If urine that has been soaked up into the ground is still sufficiently wet to moisten one's hand, the Shema should not be recited facing it. - Berachot25a-b records the disagreement between Rabbi Yosse and the Sages regarding the degree of moistness necessary to be problematic. The Sages require that the hand be moist enough so that it itself would dampen something it came into contact with, while Rabbi Yosse requires moisture only on the hand itself. The Rambam decides the halachah in accordance with the position of Rabbi Yosse.
If it has dried sufficiently, the Shema may be recited. - even if a mark is still visible on the ground (Berachot 25a).
Commentary Halacha 8
How far must a person distance himself from feces or urine in order to recite the Shema? Four cubits. - This halachah is based on the Mishnah (Berachot 22b). In modern measure, a cubit is 48 centimeters according toShiurei Torah and 57.7 centimeters according to the Chazon Ish.
This applies when they are at his side or behind him, but if they are in front of him, he should move - Berachot 26a modifies the Mishnah quoted on 22b.
Ravvah says: "We learned (in our Mishnah) only regarding 'behind him,' but 'in front of him' - he should distance himself until he cannot see it."
The Rambam equates "its being at the side" with "behind him." The Kessef Mishneh suggests that this only applies when it is impossible to move in front of the feces. However, if he is able to walk in front of them, he must. Nevertheless, the Shulchan Aruch, Orach Chayim 79:1 states simply that "to its being at the side" is equated with "behind him."
The Magen Avraham quotes the statement of the Kessef Mishneh and mentions that if the feces were at his side and slightly in front of him, they would be considered as if they were in front. Therefore, one would be required to move until they were out of sight.
until he cannot see them, and then recite [the Shema]. - Even at night, he must distance himself that amount that he would move away from them in the daytime (Shulchan Aruch, Orach Chayim 79:1). This is also the case with a blind person.
Commentary Halacha 9
When does the above apply? - i.e., that one must distance oneself four cubits from urine and feces.
when he is in an enclosure with them, and they are on the same level. However, if they are 10 handbreadths - i.e., approximately 80 centimeters according to Shiurei Torah or 96 centimeters according to the Chazon Ish.
higher or lower than he - he is considered to be in a different place, (Berachot25b) and...
he may sit next to them and recite the Shema, since there is a space separating them. - Rabbenu Asher suggests that this leniency applies even if he can see the excrement. The Rashba, however, disagrees and states that if he can see it, he is forbidden to recite the Shema. The Shulchan Aruch, Orach Chayim 79:2 quotes both positions. The Magen Avraham suggests that closing one's eyes would be enough to allow one to recite the Shema.
The above applies provided no foul smell reaches him. - This is not mentioned in the beraita in Berachot 25a. However, immediately after the halachah regarding separations, the beraita then states that a foul smell emanating from a solid substance prohibits recitation of the Shema. Hence, the Rambam associates the two halachot.
The Kessef Mishneh mentions that, based on the Rambam's position, one should be careful not to recite the Shema or pray in a house with a foul odor, even if the odor is emanating from a different house. The Shulchan Aruch, Orach Chayim 79:2 quotes this, but also mentions the positions of Rabbenu Yonah and Rabbenu Asher, that a separation is sufficient even if an odor remains.
The Magen Avraham suggests that it is best to be strict in such a case. However, he grants one leniency. Generally, one must distance oneself from an odor even if he himself cannot smell it. However, in this instance, a lack of smell would be enough to permit the reading of the Shema.
Similarly, if he were to cover the feces or urine with a vessel, it would be considered as buried, even though it would still be in the room and it is permitted to recite [the Shema] next to it - See Berachot 25b.
Commentary Halacha 10
A person who is separated from feces by a glass partition, may recite theShema next to them even if he can still see them. - Berachot 25b equates this with a case where the feces are covered.
If a quarter log of water - a רביעית whose modern equivalent is 86.4 cc according to Shiurei Torah and 150 cc according to Chazon Ish.
is added to the urine of one micturition, the Shema may be recited within four cubits of it. - I.e., regardless of the size of the micturition, one רביעית is sufficient (Kessef Mishneh).
Rabbenu Asher explains that the Rambam mentions explicitly one micturition in order to tell us that a רביעית must be added for each micturition - i.e., two revi'iotfor two, three revi'iot for three, etc.
The Kessef Mishneh explains that there is no difference if the water is there before the micturition or is added afterwards.
Commentary Halacha 11
If feces are found in a hole in the ground - See Berachot 25b.
one may stand with his shoe over the hole and recite the Shema. - This is considered as a sufficient covering. We do not consider his sandal to be part of his body, in which case, the feces would not be considered covered.
The Shulchan Aruch, Orach Chayim 76:2 adds that there must be no foul smell from the צואה.
However, his shoe may not touch the feces. - After stating the halachah that one may put one's shoe on top of the hole in the ground, Berachot 25b questions the law when excreta is stuck to a person's shoe, and leaves the question unresolved (תיקו). Accordingly, the more stringent opinion is followed.
The Rambam explains that this applies if there is any contact between the shoe and the feces. However, the Ra'avad maintains that this only applies when the feces are actually stuck to the shoe. The Shulchan Aruch, Orach Chayim (ibid..) 76:2 supports the Rambam's position.
If one finds very small feces, the size of a drop he should expectorate thick saliva upon it, to cover it, and then recite the Shema - See Berachot25b.
If there is a residue of feces on one's skin or one's hands are dirty from the washroom, if - because of the small quantity or its dryness - there is no foul odor - Berachot 25a states simply “if there are feces on one's skin.” The Rambam explains this as referring to a residue of feces - i.e., a stain, with no actual substance.
Rabbenu Asher explains that this applies when there is actual substance on the person's skin, but it is covered by his clothing. The Shulchan Aruch, Orach Chayim 76:4 reflects the understanding of Rabbenu Asher. However, theMagen Avraham favors the Rambam's position.
he may recite the Shema, since there is no foul odor. - This decision is disputed in Berachot, ibid.. Though most Halachic authorities accept the decision quoted by the Rambam, Rabbenu Chananel differs. The Shulchan Aruch HaRav 76:4 advises that one follow the opinion of Rabbenu Chananel.
However, if it is still in its place, - i.e., his anal opening
even if not visible when he stands, since it is visible when he sits he is forbidden to recite the Shema until he cleans himself very well. This is because of the moist nature and foul smell of the feces. - See Yoma 30a.
Many Geonim taught that one is forbidden to recite the Shema if one's hands are soiled - The position of Rabbenu Chananel mentioned above.
and it is proper to heed their teaching. -Even though in strict halachic terms one need not heed their teaching, it is fitting to do so, since it is improper to recite the Shema with dirty hands (Kessef Mishneh).
Commentary Halacha 12
[When the source of] a foul odor has substance - e.g., feces are found on the ground and a foul odor is emanating from them (Rashi, Berachot 25a).
one may distance himself four cubits and recite the Shema - Berachot 25a records a disagreement between Rav Huna and Rav Chisda. Rav Huna states that one must distance himself four cubits from such a substance. Rav Chisda requires that one must distance himself four cubits from the point where there is no foul smell.
The Rambam holds that the halachah follows Rav Huna. In the previous halachah, the Rambam also supported Rav Huna's position, since Rav Chisda was a student of Rav Huna and thus, of lesser stature. In contrast, the Ra'avad accepts Rav Chisda's position. The Shulchan Aruch, Orach Chayim 79:1 quotes the Ra'avad's view.
provided the odor has subsided. - Rabbenu Manoach points out that this halachah applies only in the case where the substance is to his side or behind him. However, if the substance is in front of him, we have already learned in Halachah 8 that he must distance himself until he can no longer see it.
If it has not subsided, he should distance himself further until it ceases. -Rashi differs and explains that Rav Huna allows the Shema to be recited four cubits from the substance even if the odor has not subsided.
If [the odor] is not emanating from an actual substance - e.g., it is the result of someone passing gas - he - does not necessarily have to distance himself four cubits. Rather, he...
should distance himself until the odor ceases and [then] recite. - The Ra'avad also disagrees concerning this point and requires that one distance himself four cubits from the point at which the odor ceases. The Shulchan Aruch (ibid..) accepts the Ra'avad's position.
It is forbidden to recite the Shema in front of a cesspool or chamber pot, -in Hebrew גרף ועביט, both of which are clay vessels. גרף is used for excreta and עביט for urine (Rashi on Berachot 25b).
even if it is empty and has no foul smell as it is similar to a latrine. - Rashi (Berachot 25b) explains that since these two items are specifically designated for use with feces and urine, the Shemaámay not be recited next to them.
Among the present applications of this halachah is the need to distance oneself from a child's potty when reciting the Shema and other prayers even if it does not contain feces or urine.
Commentary Halacha 13
It is forbidden to recite the Shema while facing moving excreta - Berachot25a mentions a difference of opinion between Ravvah and Abbaye about this case. Abbaye holds that one is permitted to recite the Shema next to moving excreta, while Ravvah forbids it.
[The Babylonian Talmud is so full of disagreements between these two Torah scholars that it is called the book of the arguments between Ravvah and Abbaye. Among all these arguments, the halachah reflects Abbaye's position only six times. Here, also, the halachah is in line with Ravvah's opinion.]
- e.g., excreta floating on the water. The mouth of a pig is regarded as moving excreta and, - Berachot 25a explains that even if the pig has just emerged from the water, it is forbidden to recite Kri'at Shema facing it. A pig is always rummaging around in garbage and excrement and, therefore, is judged as moving excreta at all times. The Shulchan Aruch, Orach Chayim 76:3 explains that a pig has the halachic status of a cesspool.
therefore, the Shema may not be recited facing it, until it has moved four cubits away. - Some Rishonim distinguish between moving feces and a stationary substance since in the former case, the feces will continue to proceed further. This would appear to be the Rambam's opinion as obvious from the contrast between a stationary substance emitting a foul odor where we are required to distance ourselves until it is out of sight (Halachah 8) and this Halachah.
The Kessef Mishneh explains that there is no Talmudic source for this distinction. Therefore, he explains that there is no difference between stationary and moving feces and that this halachah only applies to feces which are behind one. If the feces are in front of one, the Shema cannot be recited until they move out of sight.
In the Shulchan Aruch, Orach Chayim 76:2, Rav Yosef Karo follows his explanation in the Kessef Mishneh. However, the Bach and the Magen Avraham (76:2) make the distinction between moving and stationary feces.
Commentary Halacha 14
A person who reaches an unclean place - I.e., a place where there is a foul odor emanating from excreta or urine.
while he is walking and reciting the Shema, should not place his hand over his mouth and [continue] his recitation. Rather, he should stop reciting until he has passed this particular place. - Berachot 24b relates:
Rav Huna said in the name of Rabbi Yochanan: When one is walking in an unclean place, he may place his hand over his mouth and recite the Shema.
Rav Chisda said to him: My God - if Rabbi Yochanan himself said this to me I would not listen!"
Rav Chisda said to him: My God - if Rabbi Yochanan himself said this to me I would not listen!"
The Hagahot Maimoniot and the Kessef Mishneh both explain that in this case, the Rambam supports the position of Rav Chisda over that of Rav Huna (as opposed to Halachot 12 and 13), because many other sages of the Gemara also accept the opinion of Rav Chisda.
Similarly, if one is reciting [the Shema] and passes gas, he should stop until the odor subsides - for this is an odor that does not emanate from a solid substance as first mentioned in Halachah 12. The Hebrew word באשה is based on Joel 2:20.
and resume his recitation afterwards.
The same applies to one studying Torah. - Berachot 25a equates the two.
When another person passes gas, even though one should stop reciting the Shema, he need not interrupt his Torah study. - Rashi (Berachot 25a) explains the distinction between Kri'at Shema and Torah study as follows: One may leave the room and continue reciting the Shema. Therefore, one is obligated to stop if he remains. In contrast, a person studying Torah needs his books and therefore, cannot continue studying if he leaves the room. Accordingly, he need not interrupt his studies.
This also explains the distinction between his own gas and that of a colleague. In the case of his gas, a person may leave for a moment and then return, but as the Shulchan Aruch, Orach Chayim 79:9 explains, we will not obligate a whole study hall to stop studying because of the gas of a few. The Shulchan Aruch HaRav (Orach Chayim 79:11) adds that this is considered as a factor beyond one's control, and, therefore, does not require the interruption of study.
The Magen Avraham (79:15) mentions that perhaps, if a person was studying alone and could leave the room in order to avoid the foul odor, he should do so. The Shulchan Aruch HaRav, however, makes no such distinction and also allows one to continue studying.
Commentary Halacha 15
A person is permitted to continue reciting the Shema if a doubt arises whether feces or urine is found in the house in which he is located -Rashi (Berachot 25a) explains that it is not a normal practice to leave such materials in a house. Therefore, we may assume that the house is clean.
In contrast, a person reading the Shema in a garbage heap is not permitted to continue reading if a doubt arises regarding the presence of feces until he checks [that it is clean] because a garbage heap may be presumed to contain feces. - This applies to a garbage heap that has no foul smell of its own, but a doubt arises regarding the presence, or lack of, of feces (Rabbenu Manoach).
If the doubt exists only regarding urine, however, the Shema may be recited even in a garbage heap. - The Torah forbids reciting holy matters only in the presence of urine while it is actually being expelled from the person. The Rabbis added an injunction prohibiting the recitation of the Shema in the presence of urine even after its expulsion. However, a doubt regarding such urine would produce a lenient halachic ruling, based on the principle ספק דרבנן לקולא - a doubt in a Rabbinic law produces a lenient response.
Commentary Halacha 16
Just as it is forbidden to recite the Shema where there are feces or urine until one distances himself from it, so, too, the Shema may not be recited in the presence of nakedness - The previous halachot in this chapter have dealt with the prohibition of reciting the Shema in the presence of unclean substances and foul odors. As mentioned, this is a Torah prohibition based on the verse (Deuteronomy 23:15): "And your camp must be holy."
The succeeding words in that verse - ולא יראה בך ערות דבר - "Let Him not see any nakedness among you" serve as the basis for halachot that follow in this chapter. These halachot deal with the impropriety of reciting the Shema in the presence of human nakedness.
unless he turns his face away. - Since the prohibition is based on the idea of לא יראה בך (It shall not be seen to you), sight, and not physical distance, is of primary importance.
This applies also to a non-Jew - See Berachot 25b. The Torah Temimahexplains that this prohibition even applies regarding the nakedness of primitive peoples who carry on their daily affairs unclothed.
or a child - The Ramah mentions that until the age of 3 for a girl and 9 for a boy, the Shema may be recited in their presence if they are naked. However, other opinions are not that lenient and forbid recitation of holy words even in the presence of the nakedness of small children. See Kitzur Shulchan Aruch 5:15.
Even if a glass partition separates him from them - since he sees them - he must turn his face away in order to recite the Shema. - Berachot 25b distinguishes between feces behind a glass partition, which is permitted (see Halachah 10) and nakedness, which is forbidden. Regarding feces, the Torah demands (Deuteronomy 23:14): “And you shall cover your excrement,” and a glass partition fulfills this function. However, the prohibition regarding nakedness is one of sight: לא יראה בך (It shall not be seen among you), and one sees through glass perfectly.
Any part of a woman's body - that is usually covered
is regarded as ervah. Therefore one should not gaze at a woman, even his wife, - with whom he is familiar, how much more so other women
while reciting the Shema. If even a handbreadth of her body is uncovered, he should not recite the Shema facing her. - Berachot 24a relates:
Rav Yitzchak says: A tefach (handbreadth) of a woman is ervah (nakedness).
With regard to what? With regard to gazing at it. Behold, Rav Sheshet says that anyone who stares even at the little finger of a woman is like one staring at her most private parts. Rather, it refers to his wife and to Kri'at Shema.
With regard to what? With regard to gazing at it. Behold, Rav Sheshet says that anyone who stares even at the little finger of a woman is like one staring at her most private parts. Rather, it refers to his wife and to Kri'at Shema.
Rashi interprets this to mean that a man may not recite the Shema next to his wife if a handbreadth of her body is uncovered. Rabbenu Asher explains that this refers to any part of his wife's body that is usually covered and clothed.
Berachot also mentions a woman's hair and her voice as ervah.
The Lechem Mishneh interprets this passage to mean that since these restrictions were established with respect to one's wife, any part of the body of a woman other than his wife would be problematic. Thus, the Shema should not be recited in her presence.
The Shulchan Aruch, Orach Chayim 75:1 does not distinguish between a man's wife and another woman and forbids the recitation of the Shema if a handbreadth of their bodies which is usually covered is uncovered. However, the Ramah mentions the position that even less than a handbreadth of the body of a woman other than one's wife is considered as "nakedness."
Commentary Halacha 17
Just as one may not recite the Shema in the presence of another's nakedness, so, too, is he forbidden to do so when he himself is naked. -This is based on the concept that one's heart should not see his nakedness. This same principle is expressed in Chapter 2, Halachah 7.
Therefore, one may not recite the Shema when he is naked until he covers his nakedness. - For a man, this means covering his genitalia.
If his loins are covered with cloth, leather or sack, even though the rest of his body is exposed, - Though some of these portions of the body are normally covered, they are not considered as "nakedness." Hence...
he may recite the Shema, as long as his heel does not touch his genitalia. - I.e., when he is sitting with his feet tucked under himself.
Berachot 25b reports a disagreement as to whether a heel may "see" or touch ערוה, and rules that though the heel may see ערוה, it cannot touch it. The rationale for this distinction is that the Torah was not given to angels. Rashi explains that this implies that we cannot be expected to maintain such a formidable level of care, because we were created with physical nakedness against our wills.
Rabbenu Asher and Rabbenu Yonah suggest that no part of the body may touch one's genitalia during Kri'at Shema, and that the heel is given only as an example. The Shulchan Aruch, Orach Chayim 74:5 accepts this position.
If he is lying under his sheet but is otherwise naked, he should make a separation - between his heart and his genitalia
by placing his sheet below his heart, and [then] recite the Shema. He should not, however, make a separation from his neck [downward] and recite, because his heart will see his nakedness, and it is as if he is reciting without any loin covering. - Berachot 24b relates:
One who is lying under his sheet and is unable to stick out his head because of the cold should separate himself by placing his sheet under his neck, and recite [the Shema]; there are those that say on his heart.
The Rambam and the vast majority of Rishonim follow the second position, because the first opinion does not take into account the rule “One's heart shall not see his nakedness.” If one is sleeping with no clothes on, he may separate the top half of his body from the lower half.
Commentary Halacha 18
When two people are lying under one sheet, - without clothing
each is forbidden to recite the Shema even if he has covered himself under his heart - and thus, his heart does not see his own nakedness.
unless the sheet also separates between them in a manner that prevents their bodies from touching - Berachot 24a records a difference of opinion between Rav Yosef and Shmuel. Both agree (as the Rambam states later in this halachah) that when sleeping in the same bed with his wife, one need only turn his face away from her in order to recite the Shema. However, Shmuel is of the opinion that this same halachah applies even if he were sleeping with a person other than his wife, while Rav Yosef feels that this dispensation is only granted in regard to one's wife.
Rashi explains the latter opinion as follows: Since a person is accustomed to being with his wife, lying with her will not prevent him from having proper intention while reciting the Shema. In contrast, when he lies with a person other than his wife, he must separate his body from that person's, lest the touching of their bodies distract him.
It is interesting to note that there is a clear dispute between the great rabbis of Spain and North Africa (Rabbenu Yitzchak Alfasi, the Rambam and their disciples) and the great rabbis of Germany and France (Tosafot, Rabbenu Asher, and their disciples) concerning this halachah.
The Rabbis of France rule that even when sleeping in the same bed as one's wife one must make a separation with the sheet before reciting the Shema. Rabbi Yitzchak explains that the halachah is not according to either Shmuel or Rav Yosef and it is reasonable to be particularly strict based on a beraitotquoted in the Berachot 24a. In contrast, the Rabbis of Spain follow the Rambam's view.
Generally, in such instances, the Shulchan Aruch will rule in accordance with the Rabbis of Spain, and the Ramah with the Rabbis of France. In this instance, the Shulchan Aruch, Orach Chayim 73:2, after quoting both positions, suggests that it is fitting to follow the ruling of the Rabbis of France.
from the loins downward. - in contrast, bodily contact above this point would not induce sexual thoughts.
The Mishnah Berurah (Orach Chayim 73:2) points out, regarding this halachah, that were one to separate himself from another with the sheet, he need not also turn his head away.
If he is sleeping with his wife, children or other young members of his household, - See the following Halachah for a definition of this term.
their bodies are like his own and he is not affected by them - i.e., he is familiar with them and sexual thoughts are not likely to be aroused.
Therefore, even though his body is touching theirs he may turn away his face, - The Magen Avraham 73:1 requires a person to turn away his whole body so that only the back of his body is touching them, lest he be bothered by sexual thoughts if the front of his body touches them.
separate below his heart - so that his heart will not see his own nakedness
and recite [the Shema].
Commentary Halacha 19
Until when is one considered a child concerning this matter? - Berachot 24a asks this question and offers three opinions, the first two quoted in the name of Rav Chisda. The first opinion is that a girl is considered a child until 3 years and one day, and a boy until 9 years and one day. Rashi explains that these are the ages at which their sexual activity is considered significant. The second position quoted in the name of Rav Chisda is....
A boy, until 12 years and one day; a girl, until 11 years and one day. -Rashi explains that these are the ages when puberty begins, and from this time onward, the youths become physically attractive. However, this opinion does not place any conditions on that age. The Rambam continues and makes that age conditional...
[When they reach that age, they are only excluded when] their physical characteristics are like those of adults - This represents the third position in the Talmud, which states that this matter in not dependent on age at all, but rather on physical maturity. Thus, the Rambam seems to develop his halachic ruling based on a combination of the latter two positions in the Talmud.
i.e., developed breasts and pubic hair. - Based on Ezekiel 16:7, Niddah 6:1 mentions these as signs of a woman's physical maturity. See also Hilchot Ishut, Chapter 2.
From this time onwards, he may not recite the Shema unless he has first separated himself from them with the sheet - as mentioned in the first clause of the previous halachah.
However, if they have not yet developed breasts or pubic hair, he may still recite [the Shema while lying] in physical contact with them, and need not separate from them - as mentioned in the second clause of the previous halachah.
until the boy is 13 years and one day, and the girl 12 years and one day. -At this point they are considered adults, even if they do not have the physical characteristics of adulthood. Rabbenu Asher quotes and supports the position of the Rambam.
Kiddush HaChodesh - Chapter Three
Halacha 1
When witnesses see the new [moon], and there is a journey of the night and a day or less between them and the place where the court holds sessions,1 they should undertake the journey and testify. If the distance between them is greater, they should not undertake the journey. For the testimony [that they will deliver] after the thirtieth day will be of no consequence,2 since the month will already have been made full.
Halacha 2
The witnesses who see the new [moon] should journey to the court to testify even on the Sabbath, as [implied by Leviticus 23:2]: "[These are the festivals] you should proclaim in their season." Whenever [the Torah] uses the word "season," the Sabbath [prohibitions]3 may be overridden.
Therefore, [the Sabbath prohibitions] may be violated only for the sake of Rosh Chodesh Nisan and Rosh Chodesh Tishrei,4 to commemorate the festivals in their proper season. In the era of the Temple, [the Sabbath prohibitions] were violated for the sake of every Rosh Chodesh, because of the musaf offering sacrificed on Rosh Chodesh,5 since its [sacrifice] supersedes the Sabbath prohibitions.6
Halacha 3
Just as the witnesses who see the new [moon] should violate the Sabbath [to testify], so too, the witnesses who substantiate their credibility7 should violate [the Sabbath to accompany] them, if the court is not familiar with the witnesses.
Halacha 4
When a witness who sighted the moon on Friday night is sick, he may be mounted on a donkey [and transported to the High Court].10 [Indeed,] even [if he is bedridden,] his bed [may be transported].11
If an ambush awaits them on the way,12 the witnesses may carry weapons. If the distance [to the court] is long, they may carry food.
Even if the moon was sighted [with a] large [crescent], and [one is certain that] it was also sighted by many others as well, he should not say, "Just as we saw [the moon], so did others, and there is no necessity for us to violate the Sabbath laws."13 Instead, every person who saw the new moon, who is fit to serve as a witness, and who is within a distance of the night and a day14 or less is commanded to violate the Sabbath laws and go and testify.15
Halacha 5
Originally, [the High Court] would accept testimony regarding the new moon throughout the entire thirtieth day. Once the witnesses were delayed and did not come until the evening. This created confusion in the Temple, and [the priests] did not know what to do:16 If they would offer the afternoon sacrifice, [a difficulty would result] if witnesses [in fact] came, for it is impossible to sacrifice the musaf offering [of Rosh Chodesh] after the daily afternoon sacrifice.17
At that time, [the High] Court instituted the [following] edict: Testimony regarding the new moon would be accepted only until the time of minchah,18 so that there would be enough time in the daylight hours to offer the musaf sacrifices, the daily afternoon offering, and the wine libations [that accompany these sacrifices].
Halacha 6
If the time of minchah arrives without witnesses having come, the daily afternoon offering should be sacrificed. If witnesses come after the time ofminchah,19 this day should be observed as a holiday,20 and the following day should be observed as a holiday. The musaf offering, however, should be offered on the following day, because the new moon should not be sanctified after the time of minchah.
After the Temple was destroyed,21 Rabbi Yochanan ben Zakkai and his court22instituted a decree [requiring the High Court] to accept testimony regarding the new moon throughout the entire day. Even if witnesses come at the end of the thirtieth day before sunset,23 their testimony should be accepted and the thirtieth day alone should be considered a holiday.
Halacha 7
When the court would make a month full because the witnesses did not appear on the thirtieth day at all, they would ascend to a previously designated place and hold a feast on the thirty-first day, which would be Rosh Chodesh.24
They would not ascend there during the [thirty-first] night, b ut rather at daybreak, before the sun rose.25 No fewer than ten men would ascend [to participate] in this meal. They would not hold this meal without bread made from grain and legumes, of which they would partake during the meal. This is the intent of all the sources that refer to the feast associated with the mitzvah of the full month.
Halacha 8
Originally, when the court would sanctify the new moon, they would light bonfires26 on the mountaintops to notify the people in distant places.27 When the Samaritans began conducting themselves in a debased manner and would light bonfires [at the wrong times] to confuse the people,28 [the Sages] instituted the practice of having messengers journey to notify the people.29
These messengers may not violate [the sanctity of] the holidays, nor of Yom Kippur [by traveling on these days]. Needless to say, they may not violate [the sanctity of] the Sabbath. For one may not violate the Sabbath to uphold [the sanctification of] the new month, only to [actually] sanctify it.
Halacha 9
Messengers are sent out [to inform the people] for six months: For Nisan, because of Pesach. For Av, because of the fast [of Tish'ah B'Av].30 For Elul, because of Rosh HaShanah - i.e., so they could wait in readiness on the thirtieth day of Elul.31 If it became known to them that the High Court had sanctified the thirtieth day, they would observe only that day as a holiday. If it did not become known to them,32 they would observe both the thirtieth and the thirty-first days [as Rosh HaShanah] until the messengers of Tishrei arrived.
Halacha 10
[Even when the moon was clearly sighted on the previous night,] the messengers for the months of Nisan and Tishrei would not depart35 until the sun rose and they heard the court pronounce, "It has been sanctified."36 If, however, the court sanctified the moon at the conclusion of the twenty-ninth day, [which is possible,] as we have explained,37 and the messengers heard the court pronounce it sanctified, they might depart that evening.
The messengers for the other months, by contrast, may depart in the evening after the moon has been sighted. Although the court has not sanctified the new month, since the new moon has been sighted, they may depart, for the court will surely sanctify the new month on the following day.
Halacha 11
Wherever these messengers would arrive [before the celebration of the festivals], the holidays would be observed for [only] one day, as prescribed by the Torah. In the distant places, which the messengers would not reach [before the celebration of the festivals],38 the holidays would be observed for two days because of the doubt [involved]. For they would not know the day on which the High Court established the new month.39
Halacha 12
There are places where the messengers [sent out for] Nisan would arrive [in time for the celebration of Pesach], but the messengers [sent out for] Tishrei would not arrive [in time for the celebration of Sukkot].40 According to [the letter of] the law, it would have been appropriate for them to observe Pesach for one day, since the messengers reached them and informed them when Rosh Chodesh had been established, and for them to observe Sukkot for two days, since the messengers had not reached them. Nevertheless, so that there would be no difference between the festivals, the Sages instituted the ruling that two days were celebrated [for all holidays] in all places that were not reached by the messengers for Tishrei. [This includes] even the festival of Shavuot.41
Halacha 13
[How many more] days do the messengers for Nisan journey than the messengers for Tishrei? Two. For the messengers for Tishrei do not travel on the first of Tishrei, because it is a holiday, nor on the tenth, because it is Yom Kippur.42
Halacha 14
There is no need for there to be two messengers. Even a single individual's [statements] are believed. Moreover, this does not apply to messengers alone. Even when a [traveling] merchant of no particular distinction passes through on his journey, and says: "I heard from the court43 that it sanctified the new month on such and such a date," his statements are believed, and the [celebration of] the festivals is arranged accordingly.
Halacha 15
[The following rules apply when] the court held session throughout the entire thirtieth day, but witnesses did not arrive, [the judges] arose early in the morning and made the month full, as we stated previously in this chapter,46 and after four or five days witnesses came from distant places and testified that they had sighted the moon at the appropriate time, the thirtieth night. [Indeed, the same principles apply if the witnesses2 come at the end of the month.
We unnerve them in a very intimidating matter, and we seek to disorient them with queries. We cross-examine them very thoroughly and are extremely precise regarding their testimony. [For] the court endeavors not to sanctify this month, since it has already been declared full.47
Halacha 16
If the witnesses remain steadfast in their testimony, if it is compatible [according to the calculations of the court], if the witnesses are men whose character is well known, they are men of understanding, and if their testimony was scrutinized in a proper way - the moon is sanctified [retroactively]. We recalculate the dates of the month beginning from the thirtieth day [after the previous Rosh Chodesh], since the moon was sighted [on the appropriate] night.
Halacha 17
If it was necessary for the court to leave the month full, as it was before the witnesses came, it is left as it is. This is what is meant by the statement,48 "The month is made full out of necessity49." Some great Sages differ concerning this matter and maintain that the month is never made full out of necessity. Rather, if the witnesses come, the month is sanctified and they are not intimidated at all50.
Halacha 18
It appears to me51 that there is a difference of opinion among the Sages regarding this matter only in [the following circumstances]:
a) The other months besides Nisan and Tishrei, or
b) When witnesses come in Nisan and Tishrei after the holidays have passed, [all the festive practices] have already been observed, and the time to offer the sacrifices and observe the festivals has passed.
When, however, the witnesses come in Tishrei and in Nisan before the middle of the month,52 their testimony is accepted, and no attempt is made to intimidate them at all. For we do not attempt to i ntimidate witnesses who testify that they sighted at the appropriate time so that the month will be full.
Halacha 19
We do, however, intimidate witnesses whose testimony has been disputed, and it appears that their testimony will not be upheld, a nd the month will be made full. We pressure them so that their testimony will be upheld and the month will be sanctified in its proper time. Similarly, when, before the new month has been sanctified, witnesses come to nullify53 the testimony of the witnesses who saw the moon at its appropriate time, [the court] intimidates the witnesses who want to nullify the original testimony, so that the challenge will not be accepted and the new month will be sanctified at its appropriate time.54
| FOOTNOTES | |
| 1. |
The Rambam does not say "a one-day distance from Jerusalem," because after the destruction of the Temple, the High Court would sanctify the new month in other places. (See Rosh HaShanah22b.)
|
| 2. |
Note the apparent contradiction in Halachah 15. In the light of that halachah, it would appear that the Rambam's intent is that since the court endeavors to nullify such testimony, it is undesirable for the witnesses to come and offer it (Lechem Mishneh).
|
| 3. |
The Rambam is referring to the prohibitions associated with going beyond the Sabbath limits and the performance of any forbidden labors necessary for their journey - e.g., carrying food or weapons.
|
| 4. |
Significantly, the month of Sivan is not mentioned, although the holiday of Shavuot is celebrated then. The celebration of Shavuot depends, not on a particular day of the month, but on the conclusion of the counting of the Omer. Thus when Rosh Chodesh was determined by the testimony of witnesses, Shavuot could be celebrated on the fifth, sixth, or seventh of Sivan (Rosh HaShanah 6b).
|
| 5. |
See Hilchot Temidim UMusafim 7:1,4, Hilchot Korban Pesach 1:18.
|
| 6. |
The sacrifice of any offerings associated with a fixed time supersedes the Sabbath prohibitions.
|
| 7. |
I.e., the character witnesses mentioned in Chapter 2, Halachah 3.
|
| 8. |
This law is based on an actual historical account. Rabbi Nehorai traveled to Usha together with witnesses to substantiate their credibility, in the hope of finding another person there to testify together with him (Rosh HaShanah 22b).
|
| 9. |
The Perush questions why the Sabbath laws are broken when there is only a possibility of performing a mitzvah, citing a similar situation - a baby born after sunset on Friday. He should not be circumcised on the following Sabbath, because there is a doubt whether circumcision should be performed on Friday or on the Sabbath (Hilchot Milah 1:12).
The subsequent commentaries offer several resolutions to this difficulty. Among them:
a) Circumcision can be performed at a later date, while the sanctification of the new moon cannot be postponed (Lechem Mishneh);
b) Traveling to Jerusalem to testify always involves violating the Sabbath laws with only a possibility of performing the mitzvah, for it is possible that the court will reject the witnesses' testimony (Rav David Arameah).
|
| 10. |
Leading a healthy person on a donkey is not considered to be transporting him in violation of the Sabbath labors, because "a living being carries himself." If, however, the person is sick, this principle does not apply, and he is considered a burden, so that transporting him on a donkey involves a prohibition (Hilchot Shabbat 18:16, 20:1-2). Nevertheless, this prohibition is waived in the endeavor to sanctify the new moon.
|
| 11. |
Rav David Arameah interprets this to mean that men are allowed to carry him to the court on his bed.
|
| 12. |
Rashi, Rosh HaShanah 22a, relates that the Sadducees would lie in ambush for the witnesses, with the intent of delaying their appearance in court until after the thirtieth day had passed.
|
| 13. |
In his Commentary on the Mishnah (Rosh HaShanah 1:5), the Rambam explains that although the moon might be seen very clearly in one place, in other locales it might have appeared low on the horizon, or covered by clouds. Therefore, it is desirable for all potential witnesses to journey to Jerusalem to make sure that the new moon is sanctified in its proper time.
|
| 14. |
I.e., there is sufficient time for the witness(es) to arrive at the High Court on the thirtieth day.
|
| 15. |
In this vein, it is worthy to note a story related in Rosh HaShanah 1:6. Forty pairs of witnesses passed through Lod on their way to Jerusalem to testify regarding the sighting of the moon. Rabbi Akiva held them back, because he saw that their testimony would not stand up under cross-examination by the court. Rabban Gamliel rebuked him, explaining that this would prevent them from journeying to Jerusalem at a future date, when their testimony might be of consequence. (See the Rambam's Commentary on the Mishnah.)
|
| 16. |
More specifically, Rosh HaShanah 30b states that the problem concerns the song to be sung by the Levites in connection with the sacrifice. Had there not been a difficulty with the song, the afternoon sacrifice could have been offered conditionally: If no witnesses come, the lamb would be considered the afternoon sacrifice; and if the witnesses do come, it would be considered part of the musaf offering (Rishon LeTzion).
Significantly, as reflected in the discussion in Rosh HaShanah (ibid.), the instance in question concerned the celebration of Rosh HaShanah, and not an ordinary Rosh Chodesh.
|
| 17. |
For once the afternoon sacrifice is offered, no other offerings may be sacrificed (Pesachim 58b;Hilchot Temidim UMusafim 1:3).
|
| 18. |
This refers to the time of the afternoon sacrifice, nine and a half seasonal hours (שעות זמניות) after sunrise (The Rambam's Commentary on the Mishnah, Rosh HaShanah 4:4, Hilchot Temidim UMusafim 1:3).
|
| 19. |
The Rambam is referring to Rosh HaShanah.
|
| 20. |
Indeed, the people would observe the day as a holiday from nightfall on the previous day, lest witnesses come and the new moon be sanctified (Rashi, Rosh HaShanah 30b). See Halachah 9, and Chapter 5, Halachah 8.
|
| 21. |
And there were no longer any difficulties concerning the sacrifices.
|
| 22. |
Rabban Yochanan ben Zakkai lived at the time of the Temple's destruction, and this decree was instituted shortly after that event.
|
| 23. |
The Lechem Mishneh and others have raised questions about the Rambam's choice of wording, based on his previous statements in Chapter 2, Halachah 9. Merkevet HaMishneh offers a simple resolution of this difficulty. Here we are speaking of the acceptance of the witnesses' testimony, and it is necessary to take time to cross-examine them. This process cannot be completed in the meager amount of time between sunset and the appearance of the stars.
|
| 24. |
The purpose of holding this feast would be to publicize that the month had become full.
|
| 25. |
Sanhedrin 70a relates that the participants in this meal would ascend in a time that is neither day nor night. Thus, the Rambam interprets this as referring to the time between the appearance of the first rays of the sun and sunrise itself. Rashi and others maintain that the participants would ascend in the evening, between sunset and the appearance of the stars.
|
| 26. |
The fires would be lit in the evening of the thirty-first night.
|
| 27. |
There are mountains surrounding Jerusalem on all sides. The bonfires on these mountains could be seen by people on further mountains, until in a short amount of time people throughout Eretz Yisrael could be notified that the new moon had been sanctified.
|
| 28. |
The Samaritans lived between Jerusalem and the Galilee. At one point, they desired to disrupt the calculation of the calendar and would light bonfires on the evening before the thirty-first day, regardless of whether or not the moon was sighted. The people in the Galilee would think that the chain of bonfires had begun in Jerusalem (Rosh HaShanah 22b).
|
| 29. |
The Jerusalem Talmud (Rosh HaShanah 2:1) states that Rabbi Yehudah HaNasi was the one who nullified the bonfires, and substituted messengers instead. This, however, is somewhat difficult to accept because, as the Rambam mentions in Halachah 9, there were times when the messengers were sent out while the Temple was standing. Perhaps the intent is that until the time of Rabbi Yehudah HaNasi there were times when both messengers were sent out and bonfires were lit. From his time onward, the bonfires were no longer used.
|
| 30. |
Rosh HaShanah 18b relates that in that era, fasting on the other commemorative fasts - the tenth of Tevet and the seventeenth of Tammuz - was not mandatory. Therefore, it was not necessary to send out messengers for these months.
|
| 31. |
The Rambam maintains that the people would observe Rosh HaShanah for two days, because of the doubt. Thus, if the people did not know when the month of Elul began, they would have to observe three days (Lechem Mishneh).
|
| 32. |
This is speaking about the villages in the immediate vicinity of Jerusalem.
|
| 33. |
The commentaries note that Rosh HaShanah 19b also mentions the possibility of the messengers' being sent out in the second month of Adar if a leap year is declared. This, however, is an infrequent event, because generally, the decision to make the year a leap year was not made at the last moment (Aruch HaShulchan).
|
| 34. |
Pesach Sheni, when all those who had not offered a sacrifice on the first Pesach were given a further opportunity to bring this offering.
Messengers were not sent out for the month of Sivan, because the celebration of Shavuot is not dependent on the date of the month, but on the Counting of the Omer (Perush).
|
| 35. |
The messengers for the month of Tishrei could travel only 2000 cubits beyond Jerusalem (or 4000 cubits, if they made an eruv t'chumim) on Rosh HaShanah, because of the sanctity of that day (Perush).
|
| 36. |
Since the holidays observed in these months were prescribed by the Torah itself, this further stringency was required (ibid.).
|
| 37. |
See Chapter 2, Halachah 9.
|
| 38. |
The observance of an additional day of the holidays is described in greater detail in Chapter 5.
|
| 39. |
Thus, if the thirtieth day following Rosh Chodesh Adar fell on the Sabbath, they would not know whether Pesach (the fifteenth day of the following month) would be celebrated on the Sabbath or on Sunday.
|
| 40. |
For, as explained in the following halachah, the messengers sent out for Tishrei would not travel on Rosh HaShanah or on Yom Kippur.
In the brackets, we mention the holiday of Sukkot, but not Yom Kippur. For Yom Kippur was never observed by a community at large for two days. Rosh HaShanah 21a relates that Rabbah would fast for two days, but this was a stringency that he accepted on himself as an individual. The people in the diaspora would fast ten days after the thirtieth day following Rosh Chodesh Elul, for the court always endeavored to make Elul a month of 29 days. (See Or Sameach.)
|
| 41. |
As mentioned several times, Shavuot is unique, because its observance is dependent, not on a date in the month of Sivan, but on the Counting of the Omer, which begins after Pesach. Thus, even Jews living in the outer reaches of the diaspora were able to know when Shavuot was to be observed.
|
| 42. |
There is also the possibility of additional days, if there are more Sabbaths in Tishrei than in Nisan.
|
| 43. |
From the Rambam's wording, it would appear that it is necessary that the merchant receive his information from the High Court directly; hearing from others is not sufficient.
|
| 44. |
Rosh HaShanah 22b states that people will not lie about a matter when it is certain that eventually the truth will be revealed.
|
| 45. |
The commentaries compare the Rambam's statements here with those at the conclusion ofHilchot Gerushin. In the latter source, he employs the same rationale - that the truth of the matter will eventually be revealed - to explain why leniency is shown concerning testimony given to determine that a woman's husband has died, which enables her to remarry. In that instance, however, even greater leniency is shown, and the court accepts the testimony of witnesses who are otherwise unacceptable. The commentaries explain that the greater leniency is granted in consideration of the agonizing situation of the widow.
|
| 46. |
See Halachah 7.
|
| 47. |
The Rambam's statements in this and the following four halachot are based on his interpretation ofRosh HaShanah 20a. Significantly, his understanding of that passage differs from that of Rashi.
|
| 48. | Rosh HaShanah, op. cit. |
| 49. | Note another interpretation of the expression, "The month is made full out of necessity," in Chapter 18, Halachah 11. |
| 50. | This opinion is also mentioned in the abovepassage. |
| 51. |
Generally, when the Rambam uses the expression "It appears to me" in the Mishneh Torah, he is introducing an original interpretation. In this instance, the resolution offered by the Rambam is also suggested by Abbaye in the above passage. Nevertheless, there is a certain justification for the use of the phrase, because there are other interpretations offered by the Talmud, and no conclusion is reached. Therefore, the Rambam's choice of the interpretation to follow was motivated by his own comprehension of the passage.
|
| 52. |
When Pesach and Sukkot are celebrated. One might ask why consideration was not given to the observance of Yom Kippur on the tenth of Tishrei.
The Or Sameach offers the following resolution: Yom Kippur was observed for only one day in the outlying diaspora. The communities would assume that the moon had been sighted at its appropriate time, and they would observe Rosh HaShanah on the thirtieth day after Rosh Chodesh Elul, and Yom Kippur ten days afterwards. Thus, by accepting the witnesses' testimony, the court will have assured that a large portion of the Jewish people observed Yom Kippur on the proper date.
Although this explanation has its advantages, it does not address itself to the observance of Yom Kippur in Eretz Yisrael, or to the sacrifices that had to be offered on that sacred day in the Temple.
|
| 53. |
The Hebrew term used, lehazim, means to nullify their testimony by stating that, at the time they claimed to have seen the moon, they were in a different place from the place where they claimed to have sighted it.
|
| 54. |
It would appear that, in both of the instances mentioned in this halachah, this law applies only when, according to the court's calculations, the moon should have been sighted on the thirtieth night.
|
Kiddush HaChodesh - Chapter Four
Halacha 1
A leap year is a year that includes an additional month.1The extra month that is added is always Adar,2 and thus the year contains two Adarin: the first Adar and the second Adar.3
Why is this month added? Because of the season of spring, so that Pesach will fall then, as [implied by Deuteronomy 16:1]: "Take heed the month of spring"4[This command can be interpreted to mean, "Take heed] that this month falls in the spring season. Were the month [of Adar] not to be added [from time to time], there are times when Pesach would fall in the summer, and times [when it would fall] in the rainy season.
Halacha 2
[An extra month is added,] making the year full, because of three factors: a) the vernal [spring] equinox;5 b) the ripening6 [of the barley crop], and c) the blooming of the fruit trees.
What is implied? When the court calculates7 and determines that the vernal equinox will fall on the sixteenth of Nisan or later, the year is made full. The month that would have been Nisan is made the second Adar, and thus Pesach will fall in the spring. This factor [alone] is sufficient for the court to make the year full;8 other factors need not be considered.
Halacha 3
Similarly, if the court sees that [the barley crop] has not ripened, but that it is late in sprouting, or that the fruit trees that usually bloom at the time of the Pesach holiday have not bloomed, these two factors are sufficient,9 and the year is made full, even though the vernal equinox will fall before the sixteenth of Nisan.10
[The reason the year is] made full [because of these factors] is so that there will be [an abundant quantity] of ripened [barley] accessible, so that the wave offering of the omer can be brought from it on the sixteenth of Nisan,11 and so that the fruits will bloom, as they always do in the spring.
Halacha 4
There are three territories that are of consequence regarding the ripening [of the barley]: Judea, Transjordan, and the Galilee. If [the barley] ripened in two of these lands, but not in the third, the year is not made full.12 If, however, [the barley] ripened in one of these lands, but not in the other two, the year is made full if the fruit trees have not bloomed.
These are the primary grounds for making the year full, so that the years will follow the solar calendar.13
Halacha 5
There are other factors for which the court makes [the year full] in the case of necessity.14 Among them: that the roads are not suitable,15 and it is impossible for the people to make the pilgrimage. [In such an instance,] the year is made full, [to allow time for] the rains to stop and the roads to be fixed.
That the bridges have been destroyed and there are rivers interrupting [the roads], and preventing the people [from continuing their journey]. The year is made full, so that the bridges can be fixed, lest the people endanger themselves and die.
That the ovens for the Paschal sacrifice were destroyed by the rains,16 and thus there will be no place for [the people] to roast their Paschal offerings. We therefore make the year full, so that the ovens can be built and can dry [in the sun].
That Jews from the diaspora who have left their homes have not arrived in Jerusalem. We make the year full, so that they will have the time to reach [Jerusalem].17
Halacha 6
We do not, however, make the year full because of snow, nor because of a cold climate,18 nor because of Jews from the diaspora who have not yet left their homes.
[Similarly, the year is not made full] because of ritual impurity - e.g., when most of the people or most of the priests are impure.19 The year is not made full so that they will be able to purify themselves and offer [the Paschal sacrifice] in a state of ritual purity.20 Instead, they should offer [the sacrifice] while ritually impure. Nevertheless, if the year has been made full because of ritual impurity, it may be left full.
Halacha 7
There are factors that, in and of themselves, are never sufficient cause to make the year full. They are, however, mentioned as contributing factors when a year must be made full so that [Pesach will fall after] the vernal equinox, because of [the barley that has not] ripened, or the fruit trees.
These factors are: That young goats or lambs have not been born, or are merely few in number, or that young doves have not [matured to the point where they can] fly.
We do not make the year full so that the goats and the lambs will be available for the Paschal sacrifices, and the doves will be available for the pilgrimage sacrifice,21 or for those individuals22who are obligated to bring doves as a sacrifice. Nevertheless, these are mentioned as contributing factors [to make] the year [full].
Halacha 8
What does mentioning them as contributing factors [to make] the year [full] imply? The court says: "This year must be made full because the equinox falls late, or because [the barley] has not ripened and the fruit trees have not bloomed,23 and also because the young goats are small and the doves are frail"
Halacha 9
The year can be made full only by [judges] who were invited [to participate in the deliberations].24 What is implied? The head of the High Court25 tells [several] members of the court, "Be present at a particular place, where we will make calculations and decide whether or not it is necessary to make the year full" It is only those who were invited who [have the authority to] make [the year] full.
How many [judges participate in the deliberations whether] to declare a leap year? We begin with three judges from the High Court who have receivedsemichah. Should two [of these judges] say, "There is no need to sit to decide whether or not [the year] should be made full" [their opinion is accepted]. [Although] one [judge] says that they should continue their deliberations, his statements are of no consequence.
If two [of these judges] say, "There is a need to sit [further] to decide whether or not it is necessary to make [the year] full" and the other [judge] says that they should not continue their deliberations, we add two of the judges who had been invited previously, and the discussion of the matter [is continued].
Halacha 10
Should two [judges] say that it is necessary to make [the year] full, and three say that there is no necessity, [the opinion of] the two is of no consequence. If three [judges] say that it is necessary to make [the year] full, and two say that there is no necessity, two more [judges] who were invited are added to the court, and the subject is debated.
These seven [judges should] arrive at a conclusion. If they all agree to make the year full, or not to make the year full, their decision is followed. If there is a difference of opinion among them, we follow the majority, whether to make the year full, or not to make the year full.
It is necessary that the head of the High Court - i.e., the one who presides over the seventy-one [judges of the Sanhedrin] - be one of these seven. If [the three original judges] conclude26 that it is necessary for the year to be made full, it should be made full, provided the nasi27 is among the three, or consents [to their ruling].
Halacha 11
Neither a king30 nor a High Priest should be [included in the group entrusted with deciding] whether or not to institute a leap year. A king [should not be included, lest he be influenced] by consideration for his soldiers and his wars.31
A High Priest should not be included because of the cold - i.e., he may choose not to institute a leap year so that Tishrei will not fall in the winter, and he would [thereby not] have to immerse himself five times on Yom Kippur [in such weather].
Halacha 12
If the head of the High Court, the nasi, was on a distant journey, [the court] may institute a leap year only with the proviso that the nasi will consent. If the nasicomes and consents, the year is full. If he does not consent, it is not full.
A leap year may be instituted only in the territory of Judea, for the resting place of the Divine Presence32 is there, as [implied by Deuteronomy 12:5]: "And you shall seek out his dwelling" If a leap year is instituted in the Galilee, the year remains full.
A year should be made full only during the day.33 If it is made full during the night, it is not full.
Halacha 13
The court has the authority to calculate, institute, and decide which year(s) shall be full whenever it desires, even several years in advance.34 Nevertheless, a particular year is not declared a full year until after Rosh Hashanah, at which time a public statement [can be] made [to the effect that] the year has been made full.35
[A leap year is announced at such an early date] only in a pressing situation.36If the situation is not pressing, the announcement that a leap year has been instituted is not made until the month of Adar. [At that time, the court announces,] "This year is a leap year, and the following month is not Nisan, but rather the second Adar" If a court announces before Rosh HaShanah, "The year to come will be a leap year" this announcement does not make the year a leap year.
Halacha 14
If the thirtieth day of Adar arrived without the year having been declared a leap year, it should never be made a leap year.37For that date is fit to be Rosh Chodesh Nisan, and once Nisan begins without the year having been declared a leap year, [the court] no longer has that option. If, however, they declared a leap year on the thirtieth of Adar, their ruling is binding.
If witnesses came after the leap year had been declared and testified regarding [the sighting of] the moon, the court sanctifies the new month on the thirtieth day, and makes it the Rosh Chodesh of the second Adar.38 If they had sanctified the new month on the thirtieth day before they declared a leap year, they would not have been able to declare the leap year. For a leap year may not be declared in Nisan.
Halacha 15
A leap year may not be declared in a year of famine39 when everyone is hurrying to the granaries to partake [of the new year's harvest] and derive vitality. [In such a situation,] it is impossible to prolong the time when the prohibition against eating from the new harvest [is in effect].40
We do not declare the Sabbatical year41 a leap year, because everyone is entitled to take the crops that grow on their own.42 Therefore, grain will not be available to offer the omer [of barley] and the two loaves of bread [offered on Shavuot].43 It was customary to make the year preceding the Sabbatical year a leap year.44
Halacha 16
It appears to me45 that our Sages' statement that a leap year should not be declared in a year of famine and in the Sabbatical year means that a leap year should not be declared because of the condition of the roads or the bridges, or because of factors of this nature. If, however, it is appropriate to declare a leap year because [Pesach will fall before] the vernal equinox, because [the barley has not] ripened, or because the fruit trees [have not bloomed], a leap year is declared always.46
Halacha 17
When the court institutes a leap year, they write a letter to all [the people in] distant places, notifying them that a leap year has been instituted, and the reason for which it was instituted.
These letters were written in the name of the nasi.47 They would say, "Let it be known that I and my colleagues have agreed to add to this year this many days" - for it was possible for them to declare a month of twenty-nine days or a month of thirty days.
[The intent is that] the court had the option of notifying the people in the outlying areas that the month would [probably] be either full or lacking.48 [In fact, however,] the determination of whether the month is full or lacking is dependent on the sighting of the moon.
| FOOTNOTES | |
| 1. |
This month is added to juxtapose the lunar calendar upon which the months are based, with the solar calendar, which governs the years.
|
| 2. |
The Mechilta (commenting on Exodus 12:2) states that just as when a month is made full the addition is made at the end of the month, so too, when a year is made full the addition is made at the end. (The year is considered as beginning in Nisan and ending in Adar.)
|
| 3. |
Based on Hilchot Nedarim 10:6, it appears that the Rambam considers the first Adar to be the additional month of the leap year. The Tur and the Ramah (Orach Chayim 427:1) differ and consider the second Adar to be the additional month.
In practice, Purim is always celebrated in the second Adar (Hilchot Megillah 1:12). There is a difference of opinion with regard to whether to commemorate birthdays, yahrzeits, and the like that took place in Adar of an ordinary year in the first or the second Adar of a leap year. The accepted custom in the Ashkenazic community is to commemorate them in the first Adar of a leap year (Kitzur Shulchan Aruch 221:3).
|
| 4. |
Based on this verse, Rav Sa'adiah Gaon considers the adjustment of the yearly calendar to be a separate mitzvah. The Rambam, by contrast, considers it one dimension of the mitzvah of establishing the calendar.
|
| 5. |
In astronomical terms, the vernal equinox is defined as the entry of the sun into the constellation of Aries the ram (Chapter 9, Halachah 3).
|
| 6. |
We have translated the Hebrew word אביב as "ripening," as in Exodus 9:31. Because the agricultural cycle was so much an integral part of the calendar, the word אביב also means "spring" in Hebrew.
|
| 7. |
The calculations that the court would consider are outlined in Chapter 9.
|
| 8. |
The Ra'avad (in his gloss on Halachah 16), the Ramah and others take issue with the Rambam on this point, maintaining that even when Pesach falls before the vernal equinox, another factor is necessary for a leap year to be declared.
|
| 9. |
Both these factors are, however, necessary. Neither in their own right is sufficient.
|
| 10. |
Based on Sanhedrin 13a,b, the Ramah (cited in the gloss of the Kessef Mishneh on Halachah 15) notes that our Sages required that the festival of Sukkot occur after the autumnal equinox. If the vernal equinox falls on the fifteenth of Nisan, it is possible that the autumnal equinox will not take place until the twenty-first of Tishrei, six days after Sukkot begins.
Several different perspectives are offered to resolve this point. Among them: The Or Sameachmaintains that the Rambam's text originally contained a reference to the autumnal equinox, and it was omitted by the later printers. Aruch HaShulchan, by contrast, maintains that, according to the Rambam, the entire discussion in Sanhedrin is not accepted as halachah. We are not at all concerned with the autumnal equinox; all that is significant is that Pesach fall after the vernal equinox.
|
| 11. |
See Leviticus 23:9-14; Hilchot Temidim UMusafim 7:3.
|
| 12. |
The climates of these lands are different, and it is possible that the barley will have ripened in one land, but not in the others.
|
| 13. |
As opposed to the factors mentioned in the following halachot.
|
| 14. |
I.e., these factors are not associated with the juxtaposition of the lunar and solar calendars, but rather related to the celebration of the pilgrimage festival of Pesach in a complete manner.
|
| 15. |
Because they were damaged by the rains.
|
| 16. |
The ovens were earthenware, and could be damaged by substantial rains.
|
| 17. |
The Jerusalem Talmud (Sanhedrin 1:2) states that an effort should be made to enable the entire Jewish people to celebrate the pilgrimage festivals in Jerusalem.
|
| 18. |
Rashi, Sanhedrin 12a, writes that these factors will make the people's journey to Jerusalem uncomfortable, but will not prevent them from making the journey.
|
| 19. |
In his commentary on the tractate of Sanhedrin (one of the few tractates of the Gemara on which the Rambam wrote a commentary), the Rambam quotes Rav Hai Gaon as explaining that this instance refers to a situation in which the people were impure because of contact with a human corpse, and no ashes from the red heifer remained to purify them. One might think that the year should be made full to enable the priests enough time to offer a new red heifer and prepare ashes. Therefore, our Sages feel it necessary to explain that this measure is not taken, and in this instance the Paschal sacrifice should be offered by a priest in a state of ritual impurity.
|
| 20. |
On the one hand, an individual who is ritually impure may not offer the Paschal sacrifice at its appropriate time, but instead should offer it a month later, on Pesach Sheni. On the other hand, when the majority of the Jewish people, or the majority of the priests, are impure, the sacrifice should be offered in a state of ritual impurity. (See Hilchot Korban Pesach 7:1; Hilchot Bi'at HaMikdash 4:16.)
|
| 21. |
Our Sages interpret Deuteronomy 16:16, "You shall not appear before God empty-handed," as obligating a person to bring an olah ("burnt") offering on the pilgrimage festivals. The Rambam maintains that doves could be brought for these offerings. (See Hilchot Chaggigah 1:1.) Other authorities differ, as explained in the commentaries on that halachah.
|
| 22. |
E.g., a woman who gives birth (Leviticus 12:8), zavim (Leviticus 15:14), and zavot (Leviticus 15:29). It was customary for people living far from Jerusalem to delay offering the sacrifices they were obligated to bring until the pilgrimage festivals.
|
| 23. |
By mentioning both factors (the barley and the fruit trees), the Rambam indicates that he does not follow the perspective suggested by Rashi (Sanhedrin 11a), which states that the lack of lambs or doves coupled with either a delay in the ripening of the barley or the blooming of the fruit trees is sufficient cause to make the year full.
|
| 24. |
See Sanhedrin 11a, which relates that Rabban Gamliel once invited seven members of theSanhedrin to participate in the deliberations regarding whether or not to make a year full. He requested that they meet him in the loft of the court early the following morning. When an additional member of the court came, Rabban Gamliel protested and taught the Sages this halachah.
|
| 25. |
For a leap year can be declared only by the High Court, or by a court deputized by the High Court (Chapter 5, Halachah 1).
|
| 26. |
When there are fewer than seven judges in the court, a leap year is instituted only when the decision to do so is unanimous. Only when the court is expanded to include seven judges is a majority ruling accepted as binding (Rabbenu Chananel, Sanhedrin 10b).
|
| 27. |
I.e., the head of the court.
|
| 28. |
Lest the lesser judges be intimidated after hearing the decision of the head of the court, and refrain from expressing their own opinion.
|
| 29. |
For the matter is more of a formality; the head of the court merely pronounces the month as sanctified.
|
| 30. |
Based on this ruling, Rabbi Akiva Eiger questions why King Chizkiyah was able to institute a leap year, as related in Pesachim 4:10.
|
| 31. |
Rashi (Sanhedrin 18b) states that the king would pay his soldiers a yearly salary, and therefore, by instituting an extra month, he would gain.
The B'nei Binyamin explains that there is also a reason for a king to desire to refrain from instituting an extra month. Bridegrooms, those who have built new homes, and those who have planted vineyards are freed from army service for a year. If a leap year is instituted, they benefit. Therefore, if a sizable portion of the population fell into these categories, and men were required for the army, it would be preferable for the king not to institute a leap year.
|
| 32. |
I.e., the Temple in Jerusalem. Curiously, however, it does not appear that the Rambam requires the proceedings to be carried out in the Temple, or even in Jerusalem.
|
| 33. |
Sanhedrin 11b states that there is an equation between the institution of a leap year and the sanctification of the new moon. As mentioned in Chapter 2, Halachah 8, the new moon can be sanctified only during the day.
Based on the equation between these two practices, the Minchat Chinuch (Mitzvah 4) questions the law mentioned previously: Why may the moon be sanctified throughout Eretz Yisrael (Chapter 1, Halachah 8) if a leap year may be instituted only in the territory of Judea?
|
| 34. |
Sanhedrin 12a relates that once, when Rabbi Akiva was imprisoned by the Romans, he instituted three leap years for the future.
|
| 35. |
Shorshei HaYam cites the fact that the year can be declared a leap year well in advance, as support for the Rambam's thesis (Halachah 2) that the fact that Pesach would be celebrated before the vernal equinox is, by itself, sufficient cause to declare a leap year. At the beginning of the year, it is impossible to know the state of the barley harvest, or the fruit trees.
|
| 36. |
Rashi (Sanhedrin, ibid.) relates that this refers to a situation when it was feared that the Romans would prevent the leap year from being instituted if the court waited for the usual time.
Note the Minchat Chinuch (Mitzvah 4), which explains that an early declaration should be made only in a pressing situation. The court may, however, calculate months and even years in advance, even in cases where the situation is not pressing.
|
| 37. |
I.e., although, as the Rambam continues, if they instituted a leap year on this date their ruling would be binding, at the outset they should not take such a step.
Pesachim 4:10 relates that declaring a leap year on this date was one of the three acts performed by King Chizkiyah that did not find favor in the eyes of the Sages.
|
| 38. |
Retroactively, it appears that the thirtieth day was fit to be Rosh Chodesh Nisan, and therefore the institution of the leap year would not have been effective. Nevertheless, since in actual fact, the declaration of the leap year preceded the sanctification of the new month, it is effective.
|
| 39. |
Sanhedrin 12a credits Elisha the prophet with the institution of this prohibition.
|
| 40. |
The prohibition of chadash prevents one from partaking of grain from the new harvest until the offering of the omer of barley on the sixteenth of Nisan (Hilchot Ma'achalot Asurot 10:2-5). When the previous year has been plagued with famine, it is undesirable to keep this prohibition in effect any longer than necessary.
|
| 41. |
The Rambam follows the opinion in Sanhedrin (loc. cit.), which forbids instituting a leap year only in the Sabbatical year. Another opinion forbids instituting a leap year in the year following the Sabbatical year.
|
| 42. |
Our translation follows the commentary of the Perush, which explains that according to the Torah, all agricultural labor is forbidden in the Sabbatical year. It is, nevertheless, permitted to take crops that grow from seeds strewn by the wind or that grow from other causes that did not result from conscious human labor. Although our Sages forbade benefitting from such crops for personal use, it was from these crops that the grain used for the omer offering and the two loaves of bread were harvested.
The Sages forbade using these crops for personal use. Nevertheless, since the prohibition did not originate in the Torah, our Sages feared that it would not be observed by the common people and the crops would not remain for these sacrifices.
Significantly, Rashi and others offer a second rationale for this practice, that our Sages did not want to prolong a year when it was forbidden to do agricultural work.
|
| 43. |
See Leviticus 23:17. As the verse states, this offering and the omer must be from the harvest of the new year.
|
| 44. |
So that the farmers would have an extra month to work the land and gather its crops (Rashi,Sanhedrin, loc. cit.).
|
| 45. |
This expression indicates a ruling that the Rambam derives from his own logic without an explicit source in the works of our Sages. The Or Sameach cites a passage (Sanhedrin 26a), which appears to indicate that it is impossible to declare a Sabbatical year a leap year. There are, however, other interpretations of that passage. (See Tosafot, loc. cit..)
|
| 46. |
It appears that the Rambam's logic is that since according to the Torah, it is necessary to declare a leap year under such circumstances, the leap year should be declared. There is no obligation from the Torah to declare a leap year, because of problems with the roads or because of the other circumstances mentioned in Halachah 5. The Sages prescribed ordaining a leap year in these circumstances out of consideration for the people. In a Sabbatical year or a year of famine, the considerations mentioned in the previous halachah override those that would ordinarily require the year to be declared a leap year.
Significantly, the Ra'avad, the Ramah, and others do not accept the distinction made by the Rambam, and maintain that a Sabbatical year and a year of famine should never be declared leap years.
|
| 47. |
The Rambam's statement is based on the narrative in Sanhedrin 11b, which relates that Rabban Gamliel sent letters to Jews throughout the diaspora notifying them of the declaration of a leap year.
|
| 48. |
Since through calculations, it is possible to know whether or not it is likely for the moon to be sighted on the thirtieth night, the court would notify the people in the outlying areas accordingly. This notification would, however, be conditional on the actual sighting of the moon.
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Kiddush HaChodesh - Chapter Five
Halacha 1
All the statements made previously regarding the [prerogative to] sanctify Rosh Chodesh because of the sighting of the moon, and [to] establish a leap year to reconcile the calendar or because of a necessity, apply to the Sanhedrin inEretz Yisrael. [For it is they] alone, or a court of judges possessing semichahthat holds sessions in Eretz Yisrael and that was granted authority by theSanhedrin, [who may authorize these decisions].1
[This concept is derived] from the command given Moses and Aaron [Exodus 12:2]: "This month shall be for you the first of months" The Oral Tradition as passed down, teacher to student, from Moses our teacher [throughout the generations, explains that] the verse is interpreted as follows:2 This testimony is entrusted to you and those [sages] who arise after you and who function in your position.3
When, however, there is no Sanhedrin in Eretz Yisrael, we establish the monthly calendar and institute leap years solely according to the fixed calendar that is followed now.
Halacha 2
This concept is a halachah communicated to Moses on [Mount] Sinai:4 When there is a Sanhedrin, the monthly calendar is established according to the sighting of the moon. When there is no Sanhedrin, the monthly calendar is established according to the fixed calendar that we follow now, and the sighting of the moon is of no consequence.
When the fixed calendar is followed, there are times when the day established [as Rosh Chodesh] will be the day on which the moon is sighted, and there are times when the sighting will either precede or follow it by a day.5 It is, however, an extremely extraordinary phenomenon for [the day established as Rosh Chodesh] to be a day after the sighting [of the moon], [and this is possible only] in the lands that are west of Eretz Yisrael.6
Halacha 3
When did the entire Jewish people begin using this calendar? At the conclusion of the Talmudic period, when Eretz Yisrael was in ruin, and an established court no longer remained there.7 In the era of the Sages of the Mishnah, and in the era of the Sages of the Gemara until the time of Abbaye and Ravvah,8 [the people] would rely on the establishment [of the calendar] in Eretz Yisrael.9
Halacha 4
When the Sanhedrin functioned and the calendar was established based on the sighting [of the moon], the inhabitants of Eretz Yisrael and, [similarly, the inhabitants of] all the places where the messengers of Tishrei10 would arrive, would celebrate the holidays for one day only.
The inhabitants of the distant places that were not reached by the messengers of Tishrei would celebrate two days because of the doubt involved. For they did not know the day that the inhabitants of Eretz Yisrael established as [the beginning of] the new month.
Halacha 5
In the present era, when the Sanhedrin no longer exists, and the court of Eretz Yisrael establishes [the months] according to the [fixed] calendar,11 according to law, it would be appropriate for [Jews] throughout the world to celebrate the holidays for one day alone.12 For [the inhabitants of] the distant regions of the diaspora and the inhabitants of Eretz Yisrael rely on the same [fixed] calendar and establish [the festivals] accordingly. Nevertheless, the Sages ordained [that the inhabitants of the diaspora] retain the custom of their ancestors.13
Halacha 6
Therefore, [the inhabitants of] all the places that the messengers of Tishrei would not reach in the era when the messengers were sent out should celebrate two days even in the present era, just as they did when the inhabitants of Eretz Yisrael established [the calendar] according to the sighting of the moon.
Halacha 7
[Even] when the calendar was established based on the sighting of the moon, the majority of the inhabitants of Eretz Yisrael would celebrate Rosh HaShanah for two days, because of the doubt involved.16 They would not know the day on which the court established the new month, because the messengers would not depart on the holiday.17
Halacha 8
Moreover, even in Jerusalem, where the court would hold session, there were many times when the holiday of Rosh HaShanah was celebrated for two days. For if witnesses did not arrive on the thirtieth day [following Rosh Chodesh Elul], the day on which they had awaited [the arrival of] witnesses would be regarded as holy,18and the following day would be regarded as holy.19
Since [there were times when] they would observe [Rosh HaShanah for] two days even when they sanctified the months according to the sighting [of the moon], [our Sages] ordained that even the inhabitants of Eretz Yisrael20 should always celebrate [Rosh HaShanah] for two days in the present era, when [the holidays] are established based on the fixed calendar. Thus, even [the observance of] the second day of Rosh HaShanah in the present era is a Rabbinic ordinance.
Halacha 9
The celebration of the holidays for one or two days is not dependent on geographic distance [alone]. What is implied?
If a place is located within a five-day - or less - journey from Jerusalem, and thus it was surely possible for the messengers to reach them, we do not postulate that the inhabitants celebrate only one day. For we have no way of knowing whether or not the messengers [of the High Court] would journey to this place.21 Perhaps the messengers did not journey to this place because it was not populated by Jews at that time. [And if] it became populated by Jews after it [had become customary] to establish [the festivals] according to the fixed calendar, they [would be] obligated to celebrate two days.
Alternatively, [perhaps the messengers did not reach there,] because there was a blockade on the way, as existed between Jerusalem and the Galilee during the time of the Mishnah,22 or perhaps the Samaritans would prevent the messengers from passing through their [territory].
Halacha 10
If the matter were dependent on geographic distance alone, all the inhabitants of Egypt would observe the holidays for only one day, for it is possible for the messengers of Tishrei to reach them. The distance between Jerusalem and Egypt via Ashkelon is a journey of eight days or less. Similar concepts apply regarding the majority of Syria. One thus can conclude that the matter is not dependent solely on geographic distance.
Halacha 11
Thus, the principles governing this matter can be summarized as follows: Whenever the distance between Jerusalem and a particular place exceeds a ten-day journey, the inhabitants should observe [the holidays] for two days, as was their previous custom. For the messengers sent out for Tishrei [cannot be guaranteed] to reach places other than those within a ten-day journey from Jerusalem.23
[T he following rules apply when, by contrast,] places are a ten-day journey or less from Jerusalem, and thus it is possible that the messengers could have reached them: We see whether that place is [located in the portions of] Eretz Yisrael that were inhabited by Jews during the time the calendar was established on the basis of the sighting [of the moon] during the second conquest [of the land] - e.g., Usha, Shefaram, Luz, Yavneh, Nov, Tiberias, and the like. [The inhabitants of these places] should celebrate only one day.
Halacha 12
When a place is located within a journey of ten days or less from Jerusalem, and it is part of Syria or the diaspora, and [its inhabitants] have no [established] custom conveyed [from previous generations], they should celebrate two days, as is customary in the world at large. [The same rules apply to] a city that was created in the desert of Eretz Yisrael, or a city first populated by Jews in the present era.26
[At present,] the celebration of the second day of a holiday is always a Rabbinic institution. This applies even to the celebration of the second day of Rosh HaShanah, which is observed by all Jews in the present era.
Halacha 13
The calculations that we follow in the present era, every individual in his community, to ascertain which day is Rosh Chodesh and which day is Rosh HaShanah, do not determine [the calendar], nor do we rely on these calculations. For we do not institute leap years or establish the monthly calendar in the diaspora. We rely on the calculations of the inhabitants of Eretz Yisrael and their establishment of the calendar.
The reason we make calculations is merely for the sake of information. For we know that the inhabitants of Eretz Yisrael rely on the same calendar. Thus, our calculations are intended to determine the day that the inhabitants of Eretz Yisrael establish as Rosh Chodesh or a festival. For it is the establishment of the calendar by the inhabitants of Eretz Yisrael that establishes a day as Rosh Chodesh or a festival, not our calculations of the calendar.27
| FOOTNOTES | |
| 1. |
The Ramban [in his gloss on Sefer HaMitzvot (Positive Commandment 153)] differs and explains that although it was necessary for the judges who established the calendar to have semichah, there was no necessity that this function be carried out by the Sanhedrin or a court deputized by it.
|
| 2. |
This explanation was recorded for posterity in Rosh HaShanah 21b.
|
| 3. |
I.e., to the Sages of the Sanhedrin, who preserve the tradition of the Jewish court as initiated by Moses and Aaron.
|
| 4. |
In the Introduction to his Commentary on the Mishnah, the Rambam defines a halachah communicated to Moses on [Mount] Sinai as a law that is neither explicitly stated nor alluded to in the Written Law, but communicated through the Oral Tradition.
See also the statements of the Ramban (loc. cit.), who objects to the Rambam's statements, and asks which source states that this is a halachah communicated to Moses on Mount Sinai.
|
| 5. |
As explained in Chapter 6, the fixed calendar is based on the mean motion of the sun and the moon - i.e., their average rate of progress in the heavens. As explained in Chapter 11 onwards, the progress of the sun, and to an even greater extent that of the moon, deviates from this mean from time to time. Although ultimately these deviations will balance out, at any given time the day established as Rosh Chodesh may be before or after the day on which the moon can be sighted.
|
| 6. |
As explained in Chapter 18, Halachah 13, in the lands west of Eretz Yisrael the moon is sighted earlier than in Eretz Yisrael.
|
| 7. |
Based on the Rambam's statements in Sefer HaMitzvot (loc. cit.), the Chatam Sofer (Yoreh De'ah, Responsum 234) explains that the Rambam's intent is that, from that time onward, a formal court no longer held sessions in Eretz Yisrael; the land, however, remained populated by Jews. (See the notes on Halachah 5.)
|
| 8. |
This concept is derived from Rosh HaShanah 21a, which states that Ravvah fasted two days on Yom Kippur, because he did not know which day was established by the court in Eretz Yisrael.
|
| 9. |
This refers to the establishment of the fixed calendar by Rabbi Hillel (Hillel II), approximately two generations after the composition of the Jerusalem Talmud.
Most commentaries assume that the Rambam's intent is that until the time of Rabbi Hillel (not Hillel the Great, but a descendant of his, who lived several hundred years afterwards), the court sanctifiede moon based on the testimony of witnesses. Rav Kapach objects to this interpretation, noting that the sanctification of the moon required judges with semichah, and it appears that the practice of semichah had been nullified prior to this time.
Noting the precise words used by the Rambam, "[The people] would rely on the establishment [of the calendar] in Eretz Yisrael," Rav Kapach explains that the sanctification of the moon based on the testimony of witnesses had ended several generations previously, with the cessation of the practice of semichah. Nevertheless, the international Jewish community would look to the court inEretz Yisrael for the establishment of the calendar. For the family of the Nesi'im had a private tradition regarding the calculation of the calendar. Nevertheless, at the time of Rabbi Hillel, this practice was also discontinued, and a fixed calendar was established that did not require the authority of any particular court.
|
| 10. |
See Chapter 3, Halachot 11-13.
|
| 11. |
Implicit in the Rambam's words is a concept explained in greater detail in Halachah 13: The determination of the calendar depends on the establishment of the calendar by the court in Eretz Yisrael.
|
| 12. |
As prescribed by the Torah. Once the date on which the festivals should be celebrated could be universally known because of the fixed calendar, the safeguard of celebrating the holidays for two days was no longer necessary.
|
| 13. |
Beitzah 4b explains that this rule was ordained lest the gentile authorities oppress the Jewish people and prevent the inhabitants of the diaspora from communicating the tradition of the calendar to their descendants. They would then have to rely on information conveyed from Eretz Yisrael again.
|
| 14. |
See, however, Halachot 11 and 12.
|
| 15. |
I.e., originally, the second day of the holidays was observed because of the doubt of the day on which to observe the Torah's commandment. In the present era there is no longer any doubt, and the observance of the second day of a holiday has the status of a Rabbinic ordinance.
|
| 16. |
To explain: Generally, the court would endeavor to structure the calendar so that the moon would be sighted on the thirtieth night of Elul. In expectation of the probability that the following day would be declared Rosh HaShanah, the people would observe all the holiday prohibitions and sound the shofar on the thirtieth day. Nevertheless, since it was possible that the moon had not been sighted, the people outside the immediate surroundings of Jerusalem would observe the following day as well.
See the Jerusalem Talmud (Eruvin 3:9) which states that the observance of Rosh HaShanah for two days was ordained by "the prophets of the earlier generations." Sotah 48b states that this term refers to the prophets of the First Temple era.
|
| 17. |
See Chapter 3, Halachah 8.
|
| 18. |
As mentioned above, except for the offering of the Rosh HaShanah sacrifices, the thirtieth day following Rosh Chodesh Elul was always observed as Rosh HaShanah in expectation of the arrival of witnesses.
|
| 19. |
For it would actually be observed as Rosh HaShanah.
|
| 20. |
Including even the inhabitants of Jerusalem.
|
| 21. |
As the Rambam continues to explain, the determining factor is not the geographic distance of a place from Jerusalem, but rather the custom followed in this place at the time when the High Court sent out messengers.
|
| 22. |
See Bava Batra 38a and Ketubot 17b, which tell of a time when a blockade prevented communication between Jerusalem and the Galilee.
|
| 23. |
For the messengers were forbidden to travel on Rosh HaShanah, Yom Kippur, and the two Sabbaths between Rosh HaShanah and Sukkot. In the years when Rosh HaShanah is observed on the Sabbath, the messengers could proceed a further day. Nevertheless, since this is not so in the majority of the years, a ten-day journey is accepted as the standard measure.
|
| 24. |
Note Hilchot Terumah 1:3, which defines Syria as referring to lands conquered by King David before the entire territory of Eretz Yisrael proper had been conquered. Therefore, it was not considered part of the Holy Land with regard to most ritual questions according to the Torah itself. Nevertheless, the Rabbis extended many of the laws applying to Eretz Yisrael to this territory as well.
|
| 25. |
The inclusion of Ashkelon, which is located to the southwest of Eretz Yisrael, in Syria clearly indicates that the Rambam is referring to the halachic conception of the latter term, and not the geographic one, since Syria is to the northeast of Eretz Yisrael.
There is, however, a slight difficulty with the Rambam's statements: In Hilchot Terumah 1:9, he describes Ashkelon as being part of the diaspora.
|
| 26. |
Based on this halachah, according to the Rambam, most Jews living in Eretz Yisrael today should celebrate the holidays for two days. Indeed, the Eretz Tzvi, a text that documents the prevailing customs in Eretz Yisrael before the waves of European immigration, states that in cities like Ramlah, that did not have an existing custom dating back to the Talmudic period, the holidays would be celebrated for two days, as the Rambam states.
It was not until the resettlement of Eretz Yisrael in the present era that such cities began observing the holidays for only one day. The source for this practice is the commentary of the Ritba (Rosh HaShanah 16b), who states that, in the present era, it is the geographic definitions ofEretz Yisrael and the diaspora that determine whether or not one should celebrate one day.
[It must be emphasized that even according to the Ritba, it is questionable whether the inhabitants of areas of the Negev below Beersheba should celebrate the holidays for only one day. For these places are also beyond the geographic limits of Eretz Yisrael of the Talmudic period.]
|
| 27. |
The Rambam's statements in this halachah are a reiteration of the principles he expresses inSefer HaMitzvot, loc. cit. Citing Isaiah 2:3, "Out of Zion shall come forth the Torah," the Rambam emphasizes that the determination of the calendar is solely the province of the inhabitants of Eretz Yisrael.
Until the time of Rabbi Hillel, the court of Eretz Yisrael determined the calendar through their independent calculations. Even after the court ceased to function and the fixed calendar was adopted, the determination of the calendar still depends on the establishment of the calendar inEretz Yisrael. The only difference is that from the time of Rabbi Hillel onward, instead of determining the calendar independently, the inhabitants of Eretz Yisrael would rely on the fixed calendar.
For this reason, the Rambam points to a Divine covenant insuring that there will always be Jews living in our Holy Land. For were there not to be any Jews living in Eretz Yisrael, heaven forbid, we would not be able to determine the calendar. (See Chatam Sofer, Yoreh De'ah, Responsum 234).
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• "Today's Day"
During the reading of the Ten Commandments, stand facing the Sefer-Torah.Haftora: Bishnat...matzavta. Bless Rosh Chodesh Adar I. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Yitro, Shevi'i with Rashi.
Tehillim: 113-118.
Tanya: Ch. 24. Antithetically (p. 99)...as is known. (p. 105).
"The people saw and moved."1 Simply perceiving G-dhood caused the people to move, a movement showing vitality, life.
* * *
If you only knew - The Tzemach Tzedek said - the power of verses of Tehillim and their effect in the highest Heavens, you would recite them constantly. Know that the chapters of Tehillim shatter all barriers, they ascend higher and still higher with no interference; they prostrate themselves in supplication before the Master of all worlds, and they effect and accomplish with kindness and compassion.
FOOTNOTES
1. Sh'mot 20:15.
Daily Thought:
Daily Refreshments
"I know this already."
But G‑d does not age! For Him, there is no "already." His wisdom is new each day.
"I live within time. Every day I am older."
Each day you are new! Each morning you are born into life again. Don’t you eat again each day as though you have never eaten before? Don’t you thirst as though you have never before drunk water?
"For food I hunger. For water I thirst. For wisdom I feel no thirst."
Look at those who are healthy. See how they swallow down Torah as though they have never eaten before. Just start and do the same as them—and soon you too will be healthy, and feel your thirst for wisdom.[Likutei Sichot vol. 19, pg. 295; Torat Menachem 5742 vol. 2, pg. 820. Maamar Tzion Bamishpat 5736.]
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