Today in Jewish History
• War on Benjamin (1188 BCE)
Armies of the Tribes of Israel converged upon the tribe of Benjamin in the aftermath of the "Concubine at Givah" incident, in a war which nearly brought about the extinction of the Benjaminites (as related in the Book of Judges, chapters 19-21).
Daily Quote:
When the Holy Temple was in existence, the Altar atoned for Israel; today, a person's table atones for him[Talmud, Berachot 55a]
Daily Study:
Chitas and Rambam for today:
Chumash: Mishpatim, 5th Portion Exodus 23:6-23:19 with Rashi
• Chapter 23
6You shall not pervert the judgment of your poor man in his lawsuit. ולֹא תַטֶּה מִשְׁפַּט אֶבְיֹנְךָ בְּרִיבוֹ:
your poor man: Heb. אֶבְיֹנְ, an expression of desiring אוֹבֶה, [meaning] one who is impoverished and desires all good things. -[From Mechilta] אבינך: לשון אובה, שהוא מדולדל ותאב לכל טובה:
7Distance yourself from a false matter; and do not kill a truly innocent person or one who has been declared innocent, for I will not vindicate a guilty person. זמִדְּבַר שֶׁקֶר תִּרְחָק וְנָקִי וְצַדִּיק אַל תַּהֲרֹג כִּי לֹא אַצְדִּיק רָשָׁע:
and do not kill a truly innocent person or one who has been declared innocent: How do we know that if one emerges from the court guilty [and is given the death sentence], and one [of the judges] says, “I have a way to prove his innocence,” we must bring him back [to the court and retry him]? Because the Torah states: “and do not kill a truly innocent person.” Although he was not declared innocent-for he was not vindicated by the court-he is, nevertheless, free from the death penalty, because you have reason to acquit him. And how do we know that if one emerges from the court innocent, and one [of the judges] says, “I have a way to prove his guilt,” we do not bring him back to the court [to retry him]? Because the Torah states: “and do not kill… one who is declared innocent.” And this one is innocent because he was vindicated by the court. -[From Mechilta, Sanh. 33b] ונקי וצדיק אל תהרג: מניין ליוצא מבית דין חייב ואמר אחד יש לי ללמד עליו זכות, שמחזירין אותו, תלמוד לומר ונקי אל תהרג וזה אף על פי שאינו צדיק, שלא נצטדק בבית דין, מכל מקום נקי הוא מדין מיתה, שהרי יש לך לזכותו. ומניין ליוצא מבית דין זכאי ואמר אחד יש לי ללמד עליו חובה, שאין מחזירין אותו לבית דין לחייבו תלמוד לומר וצדיק אל תהרוג, וזה צדיק הוא, שנצטדק בבית דין:
for I will not vindicate a guilty person: It is not incumbent upon you to return him [to court] for I will not vindicate him in My law. If he emerges innocent from your hand [i.e., from the courts], I have many agents to put him to death-with the death penalty he deserves. -[From Mechilta, Sanh. 33b] כי לא אצדיק רשע: אין עליך להחזירו, כי אני לא אצדיקנו בדיני, אם יצא מידך זכאי, יש לי שלוחים הרבה להמיתו במיתה שנתחייב בה:
8You shall not accept a bribe, for a bribe will blind the clear sighted and corrupt words that are right. חוְשֹׁחַד לֹא תִקָּח כִּי הַשֹּׁחַד יְעַוֵּר פִּקְחִים וִיסַלֵּף דִּבְרֵי צַדִּיקִים:
You shall not accept a bribe: Even [in order] to judge fairly, and surely [not] to pervert the judgment, for [in fact, taking a bribe] in order to pervert the judgment is already mentioned: “You shall not pervert judgment” (Deut. 16:19). -[From Keth. 105a] ושחד לא תקח: אפילו לשפוט אמת, וכל שכן כדי להטות הדין, שהרי כדי להטות את הדין נאמר כבר לעיל לא תטה משפט:
for a bribe will blind the clear-sighted: Even if one is wise in Torah, and he accepts a bribe, he will eventually become deranged, forget his studies, and lose his eyesight. -[From Keth. 105a, Mechilta] יעור פקחים: אפילו חכם בתורה ונוטל שוחד, סוף שתטרף דעתו עליו, וישתכח תלמודו, ויכהה מאור עיניו:
and corrupt: Heb. וִיסַלֵף, as the Targum [Onkelos and Jonathan] renders: וּמְקַלְקֵל, [meaning] and spoils. ויסלף: כתרגומו ומקלקל:
words that are right: Heb. דִבְרֵי צַדִּיקִים, words that are just, true judgments, and so is its Aramaic translation: פִּתְגָמִין ךְתְּרִיצִין, [meaning words that are] straight. דברי צדיקים: דברים המצודקים, משפטי אמת, וכן תרגומו פתגמין תריצין. ישרים:
9And you shall not oppress a stranger, for you know the feelings of the stranger, since you were strangers in the land of Egypt. טוְגֵר לֹא תִלְחָץ וְאַתֶּם יְדַעְתֶּם אֶת נֶפֶשׁ הַגֵּר כִּי גֵרִים הֱיִיתֶם בְּאֶרֶץ מִצְרָיִם:
And you shall not oppress a stranger -: In many places the Torah warns about the stranger [convert] because he has a strong temptation [to return to his former bad ways]. -[From B.M. 59b] וגר לא תלחץ: בהרבה מקומות הזהירה תורה על הגר מפני שסורו רע:
the feelings of the stranger: How hard it is for him when people oppress him. את נפש הגר: כמה קשה לו כשלוחצים אותו:
10Six years you may sow your land and gather in its produce. יוְשֵׁשׁ שָׁנִים תִּזְרַע אֶת אַרְצֶךָ וְאָסַפְתָּ אֶת תְּבוּאָתָהּ:
and gather in its produce: Heb. וְאָסַפְךְתָּ, an expression of bringing into the house, like “And you shall bring it (וַאִסַפְךְתּוֹ) into your house” (Deut. 22:2). ואספת את תבואתה: לשון הכנסה לבית, כמו (דברים כב ב) ואספתו אל תוך ביתך:
11But in the seventh [year] you shall release it and abandon it; the poor of your people shall eat [it], and what they leave over, the beasts of the field shall eat. So shall you do to your vineyard [and] to your olive tree[s]. יאוְהַשְּׁבִיעִת תִּשְׁמְטֶנָּה וּנְטַשְׁתָּהּ וְאָכְלוּ אֶבְיֹנֵי עַמֶּךָ וְיִתְרָם תֹּאכַל חַיַּת הַשָּׂדֶה כֵּן תַּעֲשֶׂה לְכַרְמְךָ לְזֵיתֶךָ:
you shall release it: from work. תשמטנה: מעבודה:
and abandon it: from eating it after the time of the removal (see Mechilta). Another interpretation: from real work, such as plowing and sowing, and abandon it from fertilizing and hoeing. ונטשתה: מאכילה אחר זמן הביעור. דבר אחר תשמטנה מעבודה גמורה, כגון חרישה וזריעה. ונטשתה מלזבל ומלקשקש:
and what they leave over, the beasts of the field shall eat: [This is written in order] to liken the food of the poor to the food of the beast. Just as the beast eats without tithing, so do the poor eat without tithing. From here [we derive] that there are no tithes in the seventh year. -[From Mechilta] ויתרם תאכל חית השדה: להקיש מאכל אביון למאכל חיה מה חיה אוכלת בלא מעשר, אף אביונים אוכלים בלא מעשר, מכאן אמרו אין מעשר בשביעית:
So shall you do to your vineyard: And the beginning of the verse is speaking of a grain field, as is stated above [verse 10]: “You may sow your land.” כן תעשה לכרמך: ותחלת המקרא בשדה הלבן, כמו שאמור למעלה הימנו תזרע את ארצך:
12Six days you may do your work, but on the seventh day you shall rest, in order that your ox and your donkey shall rest, and your maidservant's son and the stranger shall be refreshed. יבשֵׁשֶׁת יָמִים תַּעֲשֶׂה מַעֲשֶׂיךָ וּבַיּוֹם הַשְּׁבִיעִי תִּשְׁבֹּת לְמַעַן יָנוּחַ שׁוֹרְךָ וַחֲמֹרֶךָ וְיִנָּפֵשׁ בֶּן אֲמָתְךָ וְהַגֵּר:
but on the seventh day you shall rest: Even in the seventh year, the weekly Sabbath, commemorating the Creation, shall not be uprooted, [so] that you shall not say that since the entire year is referred to as “Sabbath,” the weekly Sabbath need not be observed in it [the Sabbatical Year]. -[From Mechilta] וביום השביעי תשבת: אף בשנה השביעית לא תעקר שבת בראשית ממקומה, שלא תאמר הואיל וכל השנה קרויה שבת, לא תנהג בה שבת בראשית:
in order that your ox and your donkey shall rest: Give it rest, to permit it to tear up and eat grass from the earth. Or perhaps it [this verse] means that one must confine it indoors? [But] you must say that this [confining them indoors] would not be rest but discomfort. -[From Mechilta] למען ינוח שורך וחמרך: תן לו ניח להתיר שיהא תולש ואוכל עשבים מן הקרקע. או אינו אלא יחבשנו בתוך הבית, אמרת אין זה נייח אלא צער:
your maidservant’s son: The text is speaking of an uncircumcised slave. [From Mechilta] בן אמתך: בעבד הערל הכתוב מדבר:
and the stranger: This refers to a resident alien. -[From Mechilta] והגר: גר תושב:
13Concerning all that I have said to you you shall beware, and the name of the gods of others you shall not mention; it shall not be heard through your mouth. יגוּבְכֹל אֲשֶׁר אָמַרְתִּי אֲלֵיכֶם תִּשָּׁמֵרוּ וְשֵׁם אֱלֹהִים אֲחֵרִים לֹא תַזְכִּירוּ לֹא יִשָּׁמַע עַל פִּיךָ:
Concerning all that I have said to you you shall beware: Heb. ךְתִּשָׁמֵרוּ. [This verse comes] to give every positive commandment the stringency of a prohibition [i.e., negative commandment], for every exhortation to beware (שְׁמִירָה) in the Torah is a prohibition, [and it appears] instead of a negative expression. ובכל אשר אמרתי אליכם תשמרו: לעשות כל מצות עשה באזהרה, שכל שמירה שבתורה אזהרה היא במקום לאו:
you shall not mention: That one should not say to another, “Wait for me beside such-and-such an idol,” or “Meet me on the day [dedicated to] such-and-such an idol” (Mechilta, Sanh. 63b). Another explanation: Concerning all that I have said to you, you shall beware, and the name of the gods of strangers you shall not mention -[this comes] to teach you that idolatry is tantamount to all the commandments [combined], and whoever is careful with it is considered as if he has observed them all. -[see Kid. 40a, Ned. 25a, Shev. 29a, Chul. 5a, Rashi on Num. 15:23, Deut. 12:28, Er. 69b] לא תזכירו: שלא יאמר לו שמור לי בצד עבודה זרה פלונית או תעמוד עמי ביום עבודה זרה פלונית. דבר אחר ובכל אשר אמרתי אליכם תשמרו ושם א-להים אחרים לא תזכירו ללמדך ששקולה עבודה זרה כנגד כל המצות כולן, והנזהר בה כשומר את כולן:
it shall not be heard: from the gentile. לא ישמע: מן הגוי:
through your mouth: [Meaning] that you shall not enter a partnership with a gentile, so that he would swear to you by his pagan deity. The result [if he does swear] will be that you will indirectly cause it [the deity] to be mentioned through yourself [i.e., through a claim you made against him]. -[From Sanh. 63b] I.e., the occasion may arise that the gentile partner is required to swear something to his Jewish partner, and he will swear by his deity. [From Sanh. 63b] על פיך: שלא תעשה שותפות עם נכרי וישבע לך בעבודה זרה שלו נמצאת שאתה גורם שיזכר על ידך:
14Three times you shall slaughter sacrifices to Me during the year. ידשָׁלשׁ רְגָלִים תָּחֹג לִי בַּשָּׁנָה:
times: Heb. רְגָלִים, [synonymous with] פְּעָמִים, times, and similarly, “that you have struck me already three times (רְגָלִים) ” (Num. 22:28). רגלים: פעמים וכן (במדבר כב כח) כי הכיתני זה שלש רגלים:
15You shall observe the festival of unleavened bread; for seven days you shall eat unleavened bread as I have commanded you, at the appointed time of the month of springtime, for then you left Egypt, and they shall not appear before Me empty handed. טואֶת חַג הַמַּצּוֹת תִּשְׁמֹר שִׁבְעַת יָמִים תֹּאכַל מַצּוֹת כַּאֲשֶׁר צִוִּיתִךָ לְמוֹעֵד חֹדֶשׁ הָאָבִיב כִּי בוֹ יָצָאתָ מִמִּצְרָיִם וְלֹא יֵרָאוּ פָנַי רֵיקָם:
the month of springtime: Heb. חֹדֶשׁ הָאָבִיב, [the month] in which the grain fills out in its greenness (בְּאִבֶּיהָ). [Alternatively,] אָבִיב is an expression [related to the word for] a father אָב, the firstborn and the earliest [month] to ripen fruits. חדש האביב: שהתבואה מתמלאת בו באביה. לשון אחר אביב, לשון אב, בכור וראשון לבשל פירות:
and they shall not appear before Me empty-handed: When you come to appear before Me on the festivals, bring Me burnt offerings. -[From Mechilta, Chag. 7a] ולא יראו פני ריקם: כשתבאו לראות פני ברגלים, הביאו לי עולות:
16And the festival of the harvest, the first fruits of your labors, which you will sow in the field, and the festival of the ingathering at the departure of the year, when you gather in [the products of] your labors from the field. טזוְחַג הַקָּצִיר בִּכּוּרֵי מַעֲשֶׂיךָ אֲשֶׁר תִּזְרַע בַּשָּׂדֶה וְחַג הָאָסִף בְּצֵאת הַשָּׁנָה בְּאָסְפְּךָ אֶת מַעֲשֶׂיךָ מִן הַשָּׂדֶה:
And the festival of the harvest: That is the feast of Shavuoth. וחג הקציר: הוא חג שבועות:
the first fruits of your labors: which is the time of the bringing of the first fruits for the two breads, which are brought on Shavuoth [and serve to] permit the new grain [to be used] for meal offerings and [also] to bring the first fruits to the Sanctuary, as it is said: “And on the day of the first fruits, etc.” (Num. 28:26). בכורי מעשיך: שהוא זמן הבאת בכורים, ששתי הלחם הבאים בעצרת היו מתירין החדש למנחות ולהביא בכורים למקדש, שנאמר (במדבר כח כו) וביום הבכורים וגו':
and the festival of the ingathering: That is the festival of Succoth. וחג האסיף: הוא חג הסוכות:
when you gather in [the products of] your labors: For during the entire summer, the grain dries out in the fields, and on the festival [of Succoth], they gather it into the house because of the rains [that are about to fall]. באספך את מעשיך: שכל ימות החמה התבואה מתייבשת בשדות ובחג אוספים אותה אל הבית מפני הגשמים:
17Three times during the year, all your males shall appear before the Master, the Lord. יזשָׁלשׁ פְּעָמִים בַּשָּׁנָה יֵרָאֶה כָּל זְכוּרְךָ אֶל פְּנֵי הָאָדֹן | יְהֹוָה:
Three times, etc.: Since the context deals with the seventh year, it was necessary to say that the three pilgrimage festivals would not be uprooted from their place. -[From Mechilta] שלש פעמים וגו': לפי שהענין מדבר בשביעית הוצרך לומר שלא יסתרסו רגלים ממקומן:
all your males: Heb. כָּל-זְכוּרְ. All the males among you. כל זכורך: הזכרים שבך:
18You shall not sacrifice the blood of My sacrifice with leaven, and the fat of My festive sacrifice shall not stay overnight until morning. יחלֹא תִזְבַּח עַל חָמֵץ דַּם זִבְחִי וְלֹא יָלִין חֵלֶב חַגִּי עַד בֹּקֶר:
You shall not sacrifice the blood of My sacrifice with leaven: You shall not slaughter the Passover sacrifice on the fourteenth of Nissan until you have done away with the leaven. -[From Mechilta, Pes. 63a] לא תזבח על חמץ וגו': לא תשחט את הפסח בי"ד בניסן עד שתבער החמץ:
and the fat of My festive sacrifice shall not stay overnight: off the altar. -[From Mechilta] ולא ילין חלב חגי וגו': חוץ למזבח:
until morning: One may think that even on the altar pyre it would become disqualified. Therefore, the Torah states: “on its pyre on the altar all night” (Lev. 6:2). עד בקר: יכול אף על המערכה יפסל בלינה, תלמוד לומר (ויקרא ו ב) על מוקדה על המזבח כל הלילה:
shall not stay overnight: Only at dawn is it considered [as if the fat of the sacrifice had been] staying overnight, as it is said: “until morning,” but all night he may pick it [the fat] up from the floor [and return it] onto the altar. -[From Zev. 87a] ולא ילין: אין לינה אלא בעמוד השחר שנאמר עד בקר, אבל כל הלילה יכול להעלותו מן הרצפה למזבח:
19The choicest of the first fruits of your soil you shall bring to the house of the Lord, your God. You shall not cook a kid in its mother's milk. יטרֵאשִׁית בִּכּוּרֵי אַדְמָתְךָ תָּבִיא בֵּית יְהֹוָה אֱלֹהֶיךָ לֹא תְבַשֵּׁל גְּדִי בַּחֲלֵב אִמּוֹ:
The choicest of the first fruits of your soil: Even in the seventh year, the offering of bikkurim is obligatory. Therefore, it is stated here, too: “the first fruits of your soil.” How are the bikkurim chosen? A person enters his field and sees a fig that has ripened. He winds a blade of grass around it as a sign and sanctifies it. Bikkurim are [brought as an offering] only from the seven species enumerated in Scripture: “A land of wheat and barley, and vines and figs and pomegranates, a land of oil-yielding olives and honey” (Deut. 8:8). -[From Bik. 3:1] ראשית בכורי אדמתך: אף השביעית חייבת בבכורים, לכך נאמר אף כאן בכורי אדמתך. כיצד, אדם נכנס לתוך שדהו, ורואה תאנה שבכרה, כורך עליה גמי לסימן ומקדישה. ואין בכורים אלא משבעת המינין האמורין במקרא (דברים ח ח) ארץ חטה ושעורה וגו':
You shall not cook a kid: Heb. גְּדִי. A calf and a lamb are also included in [the term] גְּדִי, for גְּדִי is only an expression of a tender young animal. [This you know] from what you find in many places in the Torah where גְּדִי is written, and it was necessary to write after it עִזִים [to qualify it as a kid], for example, “I will send you a kid גְּדִי עִזִים ” (Gen. 38:17); “the kid גְּדִי הָעִזִים ” (Gen. 38:20); “two kids עִזִים גְּדָיֵי ” (Gen. 27:9); to teach you that wherever גְּדִי is mentioned unqualified, it also means a calf and a lamb. This [prohibition] is written in three places in the Torah, one for the prohibition of eating [meat with milk], one for the prohibition of deriving any benefit [from meat with milk], and one for the prohibition of cooking [meat with milk]. -[From Chul. 113b, 115b] לא תבשל גדי: אף עגל וכבש בכלל גדי, שאין גדי אלא לשון ולד רך, ממה שאתה מוצא בכמה מקומות בתורה שכתוב גדי, והוצרך לפרש אחריו עזים, כגון (בראשית לח יז) אנכי אשלח גדי עזים, (שם שם כ) את גדי העזים, (שם כז ט) שני גדיי עזים, ללמדך, שכל מקום שנאמר גדי סתם, אף עגל וכבש במשמע. ובשלושה מקומות נכתב בתורה אחד לאיסור אכילה, ואחד לאיסור הנאה, ואחד לאיסור בישול:
Daily Tehillim: Psalms Chapters 108 - 112
• Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken the dawn.
4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city? Who led me unto Edom?
12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary; futile is the help of man.
14. Through God we will do valiantly, and He will trample our oppressors.
Chapter 109
David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm. O God of my praise, be not silent.
2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.
3. They have surrounded me with words of hate, and attacked me without cause.
4. In return for my love they hate me; still, I am [a man of] prayer.
5. They placed harm upon me in return for my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an adversary stand at his right.
7. When he is judged may he go out condemned; may his prayer be considered a sin.
8. May his days be few; may another take his position.
9. May his children be orphans and his wife a widow.
10. May his children wander about and beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may their name be erased in a later generation.
14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always, and may He cut off their memory from the earth.
16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].
17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my heart has died within me.
23. Like the fleeting shadow I am banished, I am tossed about like the locust.
24. My knees totter from fasting, and my flesh is lean without fat.
25. And I became a disgrace to them; they see me and shake their heads.
26. Help me, Lord, my God, deliver me according to Your kindness.
27. Let them know that this is Your hand, that You, Lord, have done it.
28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”
2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has crushed kings on the day of His fury.
6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.
7. He will drink from the stream on the way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.
1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet] available to all who desire them.
3. Majesty and splendor are His work, and His righteousness endures forever.
4. He established a memorial for His wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He remembered His covenant always.
6. He has declared the power of His deeds to His people, to give them the inheritance of nations.
7. The works of His hands are true and just; all His mandates are faithful.
8. They are steadfast for ever and ever, for they are made with truth and uprightness.
9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.
Chapter 112
This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house, and his righteousness endures forever.
4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.
10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.
Tanya: Likutei Amarim, beginning of Chapter 27• Lessons in Tanya
• Shevat 23, 5775 · February 12, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 27
In the previous chapter the Alter Rebbe stated that sadness hinders one’s service of G‑d in general, and his battle with the Yetzer Hara in particular. He therefore discussed means of overcoming sadness caused by material concerns, and by anxiety over one’s sins.
In this chapter and the next, he will discuss another type of melancholy, that caused by concern over one’s sinful thoughts and desires. This category itself may be further subdivided into two: (1) Where these thoughts occur while one is occupied with his material affairs, and (2) Where these thoughts disturb his service of G‑d in Torah study, prayer and the like.
In this chapter the Alter Rebbe discusses the first situation. He states that not only are these thoughts no cause for sadness, but on the contrary, they ought to give rise to joy.
ואם העצבות אינה מדאגת עונות, אלא מהרהורים רעים ותאוות רעות שנופלות במחשבתו
If, however, his sadness does not stem from anxiety over sins that he has committed, but from the fact that sinful thoughts and desires enter his mind, then:
הנה אם נופלות לו שלא בשעת העבודה, אלא בעת עסקו בעסקיו ודרך ארץ וכהאי גוונא
If these thoughts occur to him not during his service of G‑d, but while he is occupied with his own affairs and with mundane matters and the like,
אדרבה יש לו לשמוח בחלקו, שאף שנופלות לו במחשבתו הוא מסיח דעתו מהם
he should, on the contrary, be happy in his lot; for although these sinful thoughts enter his mind, he averts his attention from them.
It is clear that here we are speaking of one who does not wilfully dwell on sinful thoughts, for if he does so he is a sinner, and the previous chapter has already dealt with sadness arising from sins.
לקיים מה שנאמר: ולא תתורו אחרי לבבכם ואחרי עיניכם אשר אתם זונים אחריהם
By averting his mind from sinful thoughts he fulfills the injunction, 1 “You shall not follow after your heart and after your eyes, by which you go astray.”
Only when sinful thoughts enter one’s mind can he fulfill this command. For the intention of the verse is not that one be at a level where such thoughts would not occur to him: this is the level of tzaddikim, who have eradicated all evil from their hearts. Surely, then this verse is not addressed to tzaddikim. The verse refers rather to one who does have such thoughts, and he is commanded to banish them — as the Alter Rebbe continues:
ואין הכתוב מדבר בצדיקים לקראם זונים, חס ושלום
The above verse surely does not speak of tzaddikim, referring to them (G‑d forbid) as “going astray,”
אלא בבינונים כיוצא בו שנופלים לו הרהורי ניאוף במחשבתו, בין בהיתר כו׳
but of Beinonim like himself, in whose mind there do enter erotic thoughts, whether of an innocent nature [or otherwise],
וכשמסיח דעתו, מקיים לאו זה
and when he averts his mind from them, he fulfills this injunction.
ואמרו רז״ל: ישב ולא עבר עבירה, נותנים לו שכר כאילו עשה מצוה
Our Sages have said: 2 “When one passively abstains from sin, he is rewarded as though he had actively performed a mitzvah.”
ועל כן צריך לשמוח בקיום הלאו כמו בקיום מצות עשה ממש
Consequently, he should rejoice in his compliance with the injunction just as he does when performing an actual positive precept.
Thus not only should the occurence of these thoughts not grieve him, but it ought to bring him joy, for only thereby is he able to fulfill this commandment.
ואדרבה, העצבות היא מגסות הרוח
On the contrary, such sadness is due to conceit.
שאינו מכיר מקומו, ועל כן ירע לבבו על שאינו במדרגת צדיק
For he does not know his place, and that is why he is distressed because he has not attained the level of a tzaddik,
שלצדיקים בודאי אין נופלים להם הרהורי שטות כאלו
to whom such foolish thoughts surely do not occur.
כי אילו הי׳ מכיר מקומו, שהוא רחוק מאד ממדרגת צדיק
For were he to recognize his station, that he is very far from the rank of tzaddik,
והלואי היה בינוני ולא רשע כל ימיו אפילו שעה אחת
and would that he be a Beinoni and not a rasha for even a single moment throughout his life (i.e., this is what he should be striving for at present, rather than vainly desiring to be a tzaddik),
הרי זאת היא מדת הבינונים ועבודתם
then surely, this is the due measure of the Beinonim and their task:
לכבוש היצר וההרהור העולה מהלב למוח, ולהסיח דעתו לגמרי ממנו ולדחותו בשתי ידים, כנ״ל
To subdue the evil impulse and the thought that rises from the heart to the mind, and to completely avert his mind from it, repulsing it as it were with both hands, as explained above in ch. 12.
The Alter Rebbe explained there that the evil in the soul of the Beinoni remains vigorous; his task is to prevent it from expressing itself in thought, speech, and action. Thus, he has no control over the occurence of evil thoughts in his mind, but only over his acceptance or rejection of these thoughts.
ובכל דחיה ודחיה שמדחהו ממחשבתו, אתכפיא סטרא אחרא לתתא
With every repulsion of this thought from his mind, the sitra achra is suppressed here below in This World,
ובאתערותא דלתתא אתערותא דלעילא
and, since “the arousal from below (in our case, the initiative of the Beinoni in suppressing the sitra achra) produces a corresponding arousal above,”
ואתכפיא סטרא אחרא דלעילא המגביה עצמה כנשר
the sitra achra above in the supernal worlds (the root of the sitra achra of this world)which soars like an eagle, is also suppressed,
לקיים מה שכתוב: אם תגביה כנשר וגו׳ משם אורידך נאם ה׳
thus realizing the verse, 3 “Though you soar aloft like the eagle…I will yet bring you down from there, says G‑d.”
וכמו שהפליג בזהר פרשת תרומה דף קכח בגודל נחת רוח לפניו יתברך כד אתכפיא סטרא אחרא לתתא
Indeed the Zohar, in Parshat Terumah (p. 128), extolls the Divine satisfaction that occurs when the sitra achra is subdued here below,
דאסתלק יקרא דקודשא בריך הוא לעילא על כולא יתיר משבחא אחרא, ואסתלקותא דא יתיר מכולא וכו׳
for “thereby G‑d’s glory rises above all, more than by any other praise, and this ascent its greater than all else, etc.”
Thus, it is the evil thoughts which enter the mind of the Beinoni that enable him to fulfill G‑d’s command in averting his attention from them, thereby subduing the sitra achra.
| FOOTNOTES | |
| 1. | Bamidbar 15:39. |
| 2. | Cf. Kiddushin 39b. |
| 3. | Ovadiah 1:4. |
• Sefer Hamitzvos:
P171, 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 171 (Digest)
Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, "[Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
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. Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2. Ex. 30:12-13.
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 mitzvahis 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 know11when 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 perspective13on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outsideEretz 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,19since, "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, inEretz 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 theRambam. 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
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 Two
Kri'at Shema - Chapter Two
Halacha 1
One who recites the first verse of Kri'at Shema - i.e., Shema Yisrael... - without intention, does not fulfill his obligation. [One who recites] the rest without intention fulfills his obligation.
Even a person studying Torah in his usual way or proofreading these portions at the time of Kri'at Shema fulfills his obligation provided he concentrates his intention for the first verse.
Halacha 2
A person may recite [the Shema] as he is, whether standing, walking, lying down or riding on the back of an animal. It is forbidden to recite the Shemawhile lying face down on the ground or flat on one's back with his face pointing upwards. However, one may recite it lying on his side.
A particularly obese person who cannot turn over onto his side or a sick person should lean slightly to the side and [then] recite it.
Halacha 3
A person who is walking on foot must stop for the first verse. He may recite the rest while walking. If one is sleeping, we should disturb him by awakening him until he reads the first verse. From that point on, if he is overcome by sleep, we are not obligated to disturb him.
Halacha 4
A person who is involved in work must stop while he recites the whole first section. Artisans must also interrupt their work for the first section, in order that their recitation should not be haphazard. They may recite the rest while working in their normal manner. Even one standing in a tree or on top of a wall may read [the Shema] where he is, reciting the blessings before and after it.
Halacha 5
A person who is studying Torah when the time to recite the Shema arrives should stop to recite the Shema with the blessings before and after it. One who is involved in community matters should not stop, but rather finishes his work and reads the Shema if there is still time left.
Halacha 6
A person who is eating, is in the bathhouse, is having a haircut, is working with skins or is involved in court, should complete [his task] and recite the Shemaafterwards. If he fears that the time for its recitation will pass, and, [therefore,] stops to recite it, he has acted in a praiseworthy fashion.
Halacha 7
A person who immerses in a ritual bath and is able to come up and dress before sunrise, should do so, and [then] recite [the Shema]. If he is afraid that perhaps the sun will rise before he can recite the Shema, he should cover himself with the water in which he stands and recite the Shema.
He should not cover himself with putrid water that has an unpleasant odor or with water that has been used for soaking flax or with water so clean that his nakedness is visible. However, he may cover himself with murky water that has no unpleasant odor and recite [the Shema] where he is.
Halacha 8
While reciting the Shema, one should not gesture with his eyes or lips, or point with his fingers, in order that his reading not be haphazard. If one were to do this, although he does fulfill his obligation, he has acted improperly.
One should recite the Shema so that his words are audible to himself. [However, even] if he does not do this, he fulfills his obligation. One must enunciate the letters clearly. [However, even] if he does not do this, he fulfills his obligation.
Halacha 9
How must one enunciate? He must be careful not to pronounce [a letter with] a strong dagesh as if there were no dagesh, or [a letter with] no dagesh as if there were one. Nor should one pronounce the silent sheva or silence the pronounced sheva.
Therefore, one must pause between two words in which the first word ends with the same letter with which the second word begins. For example, when reading בכל לבבך (bechol levavcha) (Deuteronomy 6:5), one should pause slightly between בכל (bechol) and לבבך (levavcha). [One should act] similarly in the cases of ואבדתם מהרה (va'avad'tem meheirah) (Deuteronomy 11:17) and הכנף פתיל (hacanaf p'til) (Numbers 15:38).
One must also pronounce distinctly the zayin of תזכרו (tizkeru) (Numbers 15:40).
One should sufficiently elongate the dalet in אחד (echad) (Deuteronomy 6:4) in order to proclaim God's sovereignty over the Heaven and the Earth, and all four directions. The chet in אחד (echad, ibid.) should not be shortened so that the word sounds like איחד (ee-chad).
Halacha 10
A person may recite the Shema in any language he understands. One who recites in a foreign language must be as scrupulous in his enunciation as if he were reciting it in the Holy Tongue.
Halacha 11
One who reads [the Shema] out of order does not fulfill his obligation. This refers to the order of the verses. However, were one to reverse the order of the sections, even though it is not permitted, I hold that he does fulfill his obligation, since these sections are not sequential in the Torah.
To recite a verse and then repeat it again is improper. One who reads a word and then repeats it, such as one who recites Shema, Shema, should be silenced.
Halacha 12
If one reads intermittently, he fulfills his obligation, even if he pauses between each reading an amount of time sufficient to complete the entire Kri'at Shema.
This refers to the one who recites it in order. If one recites it while drowsy - i.e., not fully awake, but not fast asleep - he fulfills his obligation, as long as he was fully awake while reciting the first verse.
Halacha 13
One who is unsure whether or not he recited the Shema, should recite it with the blessings before and after it. However, if he is sure that he recited theShema, but is in doubt regarding whether he recited the blessings before and after it, he need not recite the blessings again.
A person who made a mistake while reciting [the Shema] should return to the point of his mistake. If one becomes confused and forgets which section he has just completed, he should return to the first section - i.e., "And you shall love God, your Lord" (Deuteronomy 6:5).
Halacha 14
A person who errs in the middle of a section and is unaware of where he paused, should return to the beginning of that section.
One who recited וכתבתם (uch'tavtam) but does not know whether or not he recited uch'tavtam of [the section of] "Shema" or of [the section of] והיה אם שמוע (And if you will listen), should return to uch'tavtam of "Shema." However, if his doubt arises only after having recited למען ירבו ימיכם (In order that your days be multiplied) (Deuteronomy 11:21), he need not return, because [we assume] he has recited in accordance with the natural pattern of his speech.
Halacha 15
[The following rules apply when] one encounters other people or is approached by them while reciting the Shema. If he is between sections, he should stop and greet those he is obligated to honor - e.g., his father, his teacher or anyone greater than he in learning. He may return the greetings of any person who initiates the friendly exchange.
16. If one is in the middle [of a section], he may stop and initiate an exchange of greetings only with someone of whom he is afraid - e.g., a king or tyrant. However, he may return the greetings of those he is obligated to honor - e.g., his father or his teacher.
16. If one is in the middle [of a section], he may stop and initiate an exchange of greetings only with someone of whom he is afraid - e.g., a king or tyrant. However, he may return the greetings of those he is obligated to honor - e.g., his father or his teacher.
Halacha 17
These are the intervals between the sections: between the first blessing and the second; between the second [blessing] and Shema; between the first and second sections of Kri'at Shema; between the second and third sections ofKri'at Shema.
Between these sections, one initiates an exchange with one whom it is his duty to honor and responds to the greetings of anyone. However, the interval between the end of the third section of Kri'at Shema and [the paragraph beginning with] Emet v'yatziv is considered the middle of a section, and one may interrupt only to greet one of whom one is afraid, or to respond to the greetings of someone one is obligated to honor.
Commentary Halacha 1
One who recites the first verse of Kri'at Shema - i.e., Shema Yisrael... -Berachot 13b mentions several opinions concerning which sections of theShema require intention. This is dependent on the discussion (See commentary, Halachah 2) regarding the extent of the obligation to read Shemarequired by the Torah. Rabbi Meir understands intention to be absolutely necessary only for the first verse and this opinion is accepted by the Shulchan Aruch, Orach Chayim 60:5.
without intention - The definition of the term "intention" is the subject of much discussion by the Rabbis.
There is a dispute among the Rishonim regarding whether the performance of commandments requires intention, i.e., must a person have in mind that he is performing the required act in fulfillment of God's command or not? The Rambam (See Hilchot Shofar 2:4 and note Hilchot Chametz U'Matzah 6:4, and the commentary of the Moznaim editions of those Halachot) maintains that it is necessary to have such an intention. This opinion is also supported by Rabbenu Yitchak Alfasi and Rabbenu Asher and is accepted as Halachah by the Shulchan Aruch (Orach Chayim 60:4, 598:8). [The dissenting opinions are held by the Rashba and others.]
However, concerning the first verse of Kri'at Shema, an extra level of concentration is required. In addition to the intent to carry out God's command, the Shema must be read in fear and awe, trembling and trepidation. One accepts upon oneself the kingship of Heaven and proclaims the unity of God. It is unthinkable that at such a time, one would not focus his attention on the words he is uttering, but would rather think of mundane matters. (See Shulchan Aruch HaRav 60:5.)
Each day one should imagine that he is reciting Shema Yisrael for the first time, and not as if he had heard it many times before (Shulchan Aruch, Orach Chayim 61:1,2).
Kri'at Shema contains 248 words (245 of the three sections, plus the three extra words of Ado-nai Elo-heichem Emet repeated upon completion of the third section). This corresponds to the 248 positive commandments in the Torah and the 248 limbs of the human body (Midrash Ne'elam; quoted by the Shulchan Aruch, Orach Chayim 61:3.) Thus, the recitation of the Shema, with its affirmation of God's kingship and Unity, imbues the totality of one's being with these fundamental concepts.
does not fulfill his obligation. - and must therefore recite the Shema again.
[One who recites] the rest without intention fulfills his obligation. -Needless to say, it is not desirable to read the Shema in this manner and, at the outset, one should attempt to read the entire Shema with proper concentration.
Even a person studying Torah in his usual way - i.e., even were he studying these three sections of the Torah.
or proofreading these portions - i.e., he was examining these particular sections in a scroll to ensure their correctness.
at the time of Kri'at Shema fulfills his obligation, provided he concentrates his intention for the first verse - i.e., he must have the unique level of intention that is required for the first verse, as mentioned above.
The Kessef Mishneh explains that intention of any kind is necessary for only the first verse and, afterwards, one could continue studying or proofreading in a normal fashion, provided he reads the words properly. The Magen Avrahamalso supports this position (Orach Chayim 60:5).
Commentary Halacha 2
A person may recite [the Shema] as he is - This is based on Hillel's interpretation of the verse "...and when you walk on the way" (Deuteronomy 6:7). (See the commentary on Chapter 1 Halachah 1 for further elucidation.)
whether standing, walking or lying down - Berachot 11a expands the mishnah's teachings in this manner.
or riding an animal - Kiddushin 33b equates riding on the back of an animal with walking.
It is forbidden to recite the Shema while lying face down on the ground or flat on one's back with his face pointing upwards. - Rashi (Berachot 13b) explains that these positions are improper because they imply an attitude of haughtiness which is inappropriate at the time one must accept the yoke of Heaven.
However, one may recite it lying on his side - He should be completely on his side, since Berachot (ibid.) also forbids reciting the Shema while turned slightly over onto one's side, unless extraordinary circumstances prevail, as explained by the Rambam in this halachah.
A particularly obese person who cannot turn over onto his side or a sick person should lean slightly to the side and [then] recite it. - Rabbenu Manoach states that it is forbidden for anyone else to read in such a fashion as mentioned above. They should sit upright in a position evoking awe and fear while reciting the Shema.
Commentary Halacha 3
A person who is walking on foot must stop for the first verse - in order to concentrate his attention.
Berachot 13b mentions two opinions regarding the extent of the Shema one must recite before he may continue on his way:
that of Rav Yehudah which requires the first two verses of the Shema to be recited standing;
and that of Rabbi Yochanan which requires the entire Shema to be recited in a stationary position.
that of Rav Yehudah which requires the first two verses of the Shema to be recited standing;
and that of Rabbi Yochanan which requires the entire Shema to be recited in a stationary position.
Rav Yitzchak Alfasi explains that the actual halachah does not follow either of these positions, but rather is in accordance with the view of Rabbi Meir that only the first verse requires absolute intention. (See Halachah 1.)
The Shulchan Aruch, Orach Chayim 63:3 also accepts this decision.
He may recite the rest while walking - for, as stated above, concentrated attention is not an absolute prerequisite for reading these passages.
If one is sleeping, we should disturb him by awakening him until he reads the first verse. - Berachot, op. cit., explains that one unavoidably overcome by sleep after having recited the first verse has fulfilled his obligation. The Kessef Mishneh notes that the majority of the Rishonim hold that this is the case on the condition that he nevertheless manages to recite the rest of the Shema, albeit in a drowsy state.
Thus, our halachah mentions the necessity of alertness for the first verse within the context of the halachot of the intention required to read the Shema. In Halachah 12, the Rambam discusses sleepiness within the context of the need for proper enunciation of the words of the Kri'at Shema. That halachah supports the Kessef Mishneh's position that one fulfills one's obligation only if he also recites the rest of the Shema.
From that point on, if he is overcome by sleep, we are not obligated to disturb him. - A careful reading of the Rambam’s words leads one to support the position of the Kessef Mishneh just mentioned. After the first verse, the Rambam mentions only that we need not disturb the person, but he does not write that we should not awaken him. This could mean that although we are not obligated to disturb him to such an extent that he is aroused to a state of full alertness, we are obligated to awaken him so that he can finish Kri'at Shemabefore going back to sleep. (See Shulchan Aruch, Orach Chayim 63:5.)
Commentary Halacha 4
This and the next three halachot pertain to a person involved in other activities when the time to read the Shema arrives.
A person who is involved in work must stop while he recites the whole first section - Rav Yitzchak Alfasi explains that this applies even according to the halachically accepted position of Rabbi Meir, that utmost concentration is necessary for the first verse only. (See the commentary on Halachah 1.)
The obligation to have proper concentration and the necessity that one's recitation of the Shema not appear haphazard are two different halachic requirements.
Artisans - employed by others, whose time, therefore, is not their own. Even so they must interrupt their work in order to recite Kri'at Shema.
[Parenthetically, we can derive an important concept regarding business ethics from this halachah. If there is a question whether an artisan can interrupt his work to fulfill his fundamental religious obligations, surely, he must serve his employer faithfully at other times.]
must also interrupt their work for the first section, in order that their recitation should not be haphazard. - i.e., a casual matter, regarded lightly. See the commentary to Halachah 8.
They may recite the rest while working . - This applies both to a person working for himself as well as to a paid artisan.
Even one standing in a tree or on top of a wall may read [the Shema] where he is, - Despite the obvious difficulties this poses regarding his ability to concentrate, the Rambam allows a worker to remain in the tree or on the wall and recite the Shema.
Rabbenu Manoach holds that only the workers may remain in the tree. In contrast, a foreman who is there to encourage his work force, must descend from the tree and recite it on the ground. The Tur and the Shulchan Aruch,Orach Chayim 63:8 both disagree with this and allow both of them to recite it while in the tree.
reciting the blessings before and after it - The obligation to recite theShema also includes the obligation to recite its blessings (Kessef Mishneh on Halachah 5).
Commentary Halacha 5
A person who is studying Torah when the time to recite the Shema arrives should stop to recite the Shema - Shabbat 9b, 11a states that a person should interrupt his Torah study for Kri'at Shema, but not for the Amidah prayers. This refers even to Sages like Rabbi Shimon bar Yochai who would never interrupt their Torah study except to perform mitzvot which could not be performed by others. The acceptance of the yoke of God's kingship in theShema is fundamentally necessary even for a person with such an all encompassing commitment to Torah.
Similarly, as stated above, Berachot 10b states that the recitation of the Shemaat its proper time is preferable to the study of Torah.
with the blessings before and after it. - See the commentary at the end of the previous halachah.
One who is involved in community matters should not stop - The Jerusalem Talmud (Berachot 5:1) equates involvement in community matters to the study of Torah, in terms of granting an exemption from prayer. The Tosefta, (Berachot 1:4) relates:
Rabbi Yehudah says: Once I was following Rabbi Akiva and Rabbi Elazar ben Azariah. The time of Kri'at Shema arrived (but they did not perform the mitzvah). I was under the impression that they felt unable to. They were, however, involved in community matters.
(See also Tosefta Berachot 2:6.)
but rather finishes his work - Berachot 11a derives this concept from the verse "when you walk on your way" (Deuteronomy 6:7). This implies that "on your way," i.e., while you are involved in your activities, you must read theShema. In contrast, if you are involved in matters of communal import, there is no obligation.
and reads the Shema if there is still time left. - This implies that even were the time of Kri'at Shema to pass without him reciting the Shema, he need not interrupt his activities (Kessef Mishneh).
Commentary Halacha 6
A person who is eating, is in the bathhouse, is having a haircut, is working with skins - The Mishnah (Shabbat 9b) prohibits one to start eating, have a haircut, work skins, etc., close to the time of the afternoon prayer. However, the Mishnah adds that were one to start doing one of these prohibited actions, he need not stop. The Rambam also applies these principles to Kri'at Shema (Lechem Mishneh). The Ra'avad (based on Sukkah 38a) differs and holds that a person must interrupt his meal in order to read the Shema.
or is involved in court - i.e., if he is one of the judges.
should complete [his task] and recite the Shema afterwards. If he fears that the time for its recitation - There is a question whether the Rambam refers to 6 minutes before sunrise, the optimum time to recite the Shema, or the end of the third hour of the day beyond which one does not fulfill the mitzvah (See Chapter 1, Halachah 11-13). According to other authorities, the latter view would be followed.
will pass, and, [therefore,] stops to recite it, he has acted in a praiseworthy fashion. - i.e., as long as he is able both to complete what he is doing and to recite the Shema before the end of the proper time for Kri'at Shema, he may complete his task.
There is an apparent difficulty with the Rambam's statements. Halachah 5 states that one must interrupt Torah study in order to recite the Shema, and yet, in this halachah, such mundane matters as eating and haircuts are deemed sufficient reasons to postpone Kri'at Shema.
The Kessef Mishneh explains that the study of Torah is interrupted, since, indeed, the recitation of the Shema need not be understood as an interruption at all. Since Kri'at Shema is in itself a section of the Torah, its reading can be likened to the study of Torah. However, in the case of the mundane activities mentioned in our halachah, Kri'at Shema would involve a complete interruption. Therefore, it is not necessary to stop.
Commentary Halacha 7
A person who immerses in a ritual bath and is able to come up and dress before sunrise, should do so, and [then] recite [the Shema]. - This is based on the Mishnah in Berachot 22b.
If he is afraid that perhaps the sun will rise - as mentioned in Chapter 1, Halachah 11, the optimum time to recite the Shema in the morning is shortly before sunrise.
before he can recite the Shema, - i.e., before he can dress himself and recite the Shema.
he should cover himself with the water in which he stands and recite the Shema. - These statements reinforce the explanation given in the commentary to Chapter 1, Halachah 11, that the recitation of the Shema after sunrise is only allowed after the fact (בדעיבד). Here, the Rambam states that it is preferable to read the Shema while naked in the water, then to get out, dress, and recite after that time has passed.
He should not cover himself with putrid water that has an unpleasant odor - Berachot 24b equates one who recites the Shema in a place with an unpleasant odor to one who has profaned the word of God. One who stops reciting in such a place is praised, and Deuteronomy 32:47 says about him "... in those words, your days will be lengthened". Chapter 3 deals with many halachot regarding the recitation of the Shema in unclean surroundings.
or with water that has been used for soaking flax - In the Hebrew text of the Rambam and in the Mishnah, the term used is מי משרה (water of soaking). This is understood as water used for soaking flax or canvas, which has a bad smell (Rashi, Berachot 25b).
or with water so clean that his nakedness is visible. - Chapter 3, Halachot 16 and 17, explain how it is forbidden to read the Shema in the presence of "nakedness."
However, he may cover himself with murky water that has no unpleasant odor and recite [the Shema] where he is. - See Berachot 25a.
Commentary Halacha 8
After discussing the intention necessary for Kri'at Shema and the proper reaction when involved in other activities as the time for the recitation of Shemaarrives, the Rambam now deals with the halachot regarding the proper recitation of the words themselves. This discussion continues until the end of the chapter.
While reciting the Shema, a person should not gesture with his eyes or lips, or point with his fingers - Yoma 19b distinguishes between the first section of Kri'at Shema and the second in this regard, forbidding these activities only during the recitation of the first section. Indeed, in Halachah 4 which also deals with a "haphazard" recitation of the Shema, the Rambam, himself makes such a distinction.
Indeed, the Lechem Mishneh explains that the Rambam relies on his statements in Halachah 4. Rabbenu Manoach explains that the Rambam did not clarify the matter explicitly lest he cheapen the value of the second section in the eyes of his reader. The Kessef Mishneh adds that although making such gestures in the second section is not as "improper" as during the first, doing so is, nevertheless, prohibited.
in order that his reading not be haphazard. - Rabbi Acha notes ודברת בם ("and you shall speak of them") implies making these words a matter of primary importance, and not regarding them as haphazard (Yoma, op. cit.).
If one were to do this, although he does fulfill his obligation, he has acted improperly. - Yoma ( op. cit.) refers to Isaiah 43:22: "And you have not called upon Me, Jacob," implying that such a casual reading of the Shema is not considered as calling to God.
The Maharsha explains an added implication of the above verse. Rashi, in his commentary to Genesis 46:29, relates that when Jacob was first reunited with Joseph he made no response because he was reciting the Shema at that time. Surely, one who gestures while reading the Shema has certainly not achieved the level of devotion.
One should recite the Shema so that his words are audible to himself. -This is derived from the word Shema - literally "hear" - in the first verse. It implies that one should make audible to himself that which he says (Berachot15a).
[However, even] if he does not do this, he fulfills his obligation. - The entire latter portion of this halachah is based on Berachot 15a:
One who recites the Shema so that the words are not audible to himself has fulfilled his obligation. Rabbi Yosse says that he has not fulfilled his obligation. If he reads, but does not enunciate clearly: Rabbi Yosse says that he has fulfilled his obligation. Rabbi Yehudah says that he has not.
The Talmud concludes (ibid. 15b) that the halachah is in accordance with the lenient position in both cases - i.e., the anonymous opinion in the first case and Rabbi Yosse in the second.
Rav Yitzchak Alfasi adds that this is only after the fact. A priori (לכתחילה), one must read in such a way as to be audible to himself and enunciate the letters clearly. The Rambam follows this view.
Nevertheless, one must at least mouth the words of Kri'at Shema, even if he does not pronounce them loudly enough that they are audible to himself. Thought is not regarded like speech. (See the commentary on Halachah 3.) Therefore, one who does not even move his lips, but just thinks about the words as he "reads" them, does not fulfill his obligation (Shulchan Aruch, Orach Chayim 62:3).
One must enunciate the letters clearly. - Berachot 15b derives this from the word ולמדתם- "And you shall teach them." It can be divided into two words ולמד תם, implying that your teaching (ולמד) must be תם - perfect.
[However, even] if he does not do this, he fulfills his obligation. -Berachot ibid. notes that if a person reads the Shema with proper enunciation, "Gehinom will be cooled off for him."
Commentary Halacha 9
How must one enunciate? He must be careful not to pronounce [a letter with] a strong dagesh - a pronunciation mark implying that the syllable should be stressed.
as if there were no dagesh - e.g., were one to say vedivarta vam instead of the proper pronunciation, vedibarta bam (Deuteronomy 6:7).
or [a letter with] no dagesh as if there were one. - e.g., בכל לבבך (Deuteronomy 6:5) bekol lebabcha instead of the proper pronunciation, bechol levavcha.
Nor should one pronounce the silent sheva - e.g., to say bechol levavechainstead of bechol levavcha.
or silence the pronounced sheva. - e.g., to pronounce בכל נפשך (Deuteronomy 6:5) bechol nafshcha instead of bechol nafsh'cha.
Therefore - since one must enunciate every word carefully
one must pause between two words in which the first word ends with the same letter with which the second word begins. - lest the two be heard as a single word.
For example, when reading בכל לבבך (bechol levavcha) (Deuteronomy 6:5), one should pause slightly between בכל (bechol) and לבבך (levavcha).
[One should act] similarly in the cases of (avadtem meheirah) (Deuteronomy 11:17) and (hacanaf p'til) (Numbers 15:38). - Berachot 15b mentions even more cases of problematic words. The Shulchan Aruch, Orach Chayim 61:20 quotes all the examples found in the Talmud. There are other cases in Kri'at Shema where this problem arises, such as veahavta et(Deuteronomy 6:5). In all these cases care must be exercised to separate the words clearly.
It is interesting to note that the Rambam mentions one example from each of the three sections of Kri'at Shema, in order to teach us that enunciation is equally important in all the sections.
One must also pronounce distinctly the zayin of tizkeru (Numbers 15:40) -in order that he not say tiscaru - i.e., in order that he not declare: "you will garner reward." This halachah also applies to the zayin in uz'chartem (Numbers 15:36) (Kessef Mishneh). (See also the Shulchan Aruch, Orach Chayim 61:17.)
One should sufficiently elongate the dalet in echad (Deuteronomy 6:4) in order to proclaim God's sovereignty over the Heavens and the Earth and all four directions. The chet in echad (ibid.) should not be shortened -Berachot 13b relates:
Sumkos says: Anyone who lengthens the pronunciation of echad, his days and years are lengthened.
Rav Acha bar Ya'akov understands that to refer to the dalet [of Echad]. Rav Ashi says that this is on condition that he not shorten the chet.
Rav Yirmiah was sitting before Rav Chiyyah bar Abba and noticed that he severely lengthened [his dalet]. He said to him that once he had proclaimed God, King above and below and to the four directions of the Heavens, he need not continue [to prolong the dalet].
Rav Acha bar Ya'akov understands that to refer to the dalet [of Echad]. Rav Ashi says that this is on condition that he not shorten the chet.
Rav Yirmiah was sitting before Rav Chiyyah bar Abba and noticed that he severely lengthened [his dalet]. He said to him that once he had proclaimed God, King above and below and to the four directions of the Heavens, he need not continue [to prolong the dalet].
The Maharsha mentions that the chet (numerical value of eight) corresponds to the Earth and the seven levels of Heaven, and the dalet (numerical value of four) corresponds to the four directions.
so that the word sounds like ee-chad. - If one pronounces a long aleph and a short chet, he will say something that sounds like ee-chad (not one) - i.e., he would seem to be proclaiming exactly the opposite of echad. The Shulchan Aruch, Orach Chayim 61 records more halachot regarding the proper way of reciting the Shema.
It must be emphasized that the elongation of the dalet and the chet should not distort the proper pronunciation of the word.
Commentary Halacha 10
A person may recite the Shema in any language he understands. -Berachot 13a records a disagreement between Rabbi Yehudah Hanasi, who holds that the Shema must be read as it is - i.e., in lashon hakodesh - and the Sages, who hold that it may be recited in any language. The latter explain that the word Shema - literally, "hear," - indicates the acceptability of any language that one hears - i.e., understands.
One who recites in a foreign language must be as scrupulous in his enunciation as if he were reciting it in the Holy Tongue - i.e., although a person is allowed to read the Shema in a foreign language, he must still fulfill all the halachic requirements of enunciation, and, therefore, careful translation, as prescribed in Halachah 9 (Kessef Mishneh).
The Ra'avad disagrees with the Rambam and prohibits one from reading theShema in a foreign language. Since any translation is a commentary, he feels that it is impossible to read with the necessary care. The Shulchan Aruch, Orach Chayim 62:2 quotes the Rambam's opinion as halachah.
Nevertheless, the Mishnah Berurah (62:3) points out that although the halachah is indeed that one may recite the Shema, grace after meals, the silent Amidah, and Kiddush on Shabbat in any language, at present, it is highly preferable to say them all in Hebrew. This is even the case for someone who does not understand Hebrew since a proper translation is very difficult, and the true meaning of the prayers will be lost. He points out that certain words (e.g.,totafot) are indeed impossible to translate.
Commentary Halacha 11
One who reads [the Shema] out of order does not fulfill his obligation. This refers to the order of the verses. - The Mishnah (Berachot 15a) states that one who recites the Shema out of order does not fulfill his obligation. The Rambam understands this to refer only to placing verse 2 before verse 1, but not to placing section 2 before section 1, as he states in the continuation of this halacha.
However, were one to reverse the order of the sections, - described in Chapter 1, Halachah 2
even though it is not permitted - for the order established by our Sages should be followed
I hold - This expression implies that this is the Rambam's opinion although he has no definite support for it from our Sages' teachings.
that he does fulfill his obligation, since these sections are not sequential in the Torah. - i.e., the sections do not appear in the Shema in the same order as they are in the Torah itself.
To recite a verse and then repeat it again is improper. One who reads a word and then repeats it, such as one who recites Shema, Shema, should be silenced. - Berachot 33b distinguishes between one who repeats a whole verse and one who repeats the word Shema, as the Rambam discusses immediately after this.
A person who repeats a verse has acted improperly, but is not silenced. -Rashi explains that, although he has acted frivolously and has seemingly scorned the verse, he has not indicated the existence of two rulers with such a reading. In contrast, the repetition of Shema [or Modim (We thank You) - the examples cited explicitly in the Mishnah - appears to indicate that one is paying respect to two kings, 18וóח.
Rabbi Moshe Feinstein points out (Iggerot Moshe, Orach Chayim, Vol. II, Responsa 22) that even in the course of singing prayers, one should not repeat words as cantors are prone to do, even though it does not constitute an interruption per se.
Commentary Halacha 12
If one reads intermittently, - i.e., he recites part of the Shema and then stops, and then continues reciting, and stops again, etc.
he fulfills his obligation even if he pauses between each reading an amount of time sufficient to complete the entire Kri'at Shema. - This halachah is mentioned with regard to the reading of Megillat Esther on Purim in the Mishnah in Megillah 17a. In his commentary on that Mishnah, the Rambam explains that the one who reads intermittently fulfills his obligation even if he pauses long enough to finish the whole Megillah.
Berachot 24b applies that halachah not only to the reading of the Megillah, which is a Rabbinic ordinance, but also to the recitation of the Shema, which is a Torah obligation. See also Hilchot Shofar 3:5.
The Shulchan Aruch, Orach Chayim 65:1 quotes the Rambam's statements as halachah. The Ramah adds, however, that were one to be unavoidably detained during the recitation of the Shema for a period long enough to finish the entire Kri'at Shema, he must recite it again. Such an interruption is considered significant, since even if he had wanted to finish the Shema, he would have been unable to do so.
The Magen Avraham points out that the Ramah's position would apply only in the case that one were unavoidably detained by the need to relieve himself, or that he suddenly found himself in a place unfit for the recitation of Kri'at Shema. (The halachot concerning these laws are discussed in Chapter 3.)
This refers to the one who recites it in order. - as required by the previous halachah.
If one recites it while drowsy - i.e., not fully awake, but not fast asleep - he fulfills his obligation - See Berachot 13b.
as long as he was fully awake while reciting the first verse. - i.e., in order that he recite the first verse with the intense concentration required by Halachah 3.
Commentary Halacha 13
One who is unsure whether or not he recited the Shema - Berachot 21a records a disagreement between Rabbi Yehudah and Rabbi Elazar. Rabbi Yehudah says that one who is doubtful regarding whether or not he recited theShema need not read it again, since Kri'at Shema is a Rabbinical ordinance and we follow the rule a doubt in a Rabbinical ordinance leads to a lenient response.
Rabbi Elazar says that he must recite the Shema in such a situation of doubt because Kri'at Shema is a Torah obligation. Therefore, the principle - ספק דאורייתא לחומרא [a doubt regarding a Torah Law leads to a strict response] - should be followed.
Rabbenu Yitzchak Alfasi and Rabbenu Asher also follow Rabbi Elazar's opinion.
should recite it with the blessings before and after it. - The Rashba in Responsum 320 explains that although the blessings are of Rabbinic origin and, therefore, we should not require one to say them in a situation of doubt (see above, לקולא ספק דרבנן), the proper recitation of the Shema is inseparable from its blessings. Therefore, since we obligate one in doubt to recite the Shema, this entails the recitation of the Shema in its normal fashion - i.e., with its blessings. (See Kessef Mishneh.)
However, if he is sure that he recited the Shema but is in doubt regarding whether he recited the blessings before and after it, he need not recite the blessings again. - Since he has definitely fulfilled the Torah obligation ofKri'at Shema, we invoke the aforementioned rule of לקולא ספק דרבנן with regard to the blessings, which alone are of Rabbinic origin. (See Hilchot Berachot8:12.)
A person who made a mistake while reciting [the Shema] - i.e., if one skipped over or mispronounced a word or verse
should return to the point of his mistake. - and then continue to read in order, from that verse until the end of Kri'at Shema, in accordance with Halachah 11 in this chapter. See Tosefta, Berachot 2:4.
If one becomes confused and forgets which section he has just completed - i.e., finding himself at a point where it is natural to pause (e.g., between the first section and the second), he becomes confused and forgets exactly what he has finished saying and where he must resume reading.
he should return to the first section - i.e., "And you shall love God, your Lord" (Deuteronomy 6:5) - Berachot 16a states that when one errs in the middle of a section, he returns to the beginning of the section. Were he to become confused between sections, he returns to the first section.
Rashi explains that returning to the first section means to the pause between the first two sections, i.e., one would begin reading from ViHayah Im Shamoa, the second section in Kri'at Shema. The Tur, Orach Chayim 64 also explains the halachah in this fashion.
The Rambam, however, understands that the Gemara obligates one to return to the beginning of the first section. The Beit Yosef explains that both Rashi and the Rambam agree that one must return to the point of the first pause in Kri'at Shema. The Rambam, however, holds that the first pause one makes while reading the Shema is not between the first two sections. Rather, it is after the recitation of ברוך שם כבוד מלכותו לעולם ועד. This signifies the transition between one's acceptance of the kingship of Heaven and the beginning of the recitation of the Shema.
The Shulchan Aruch, Orach Chayim 61:14 states the halachah that one must pause between ברוך שם and ואהבת. However, its decision regarding the law under discussion (ibid. 64:3) reflects Rashi's position.
Commentary Halacha 14
A person who errs in the middle of a section, but is unaware of where he paused - See the commentary on the previous halachah which discusses this expression.
should return to the beginning of that section. - This is so only if he is completely unaware of where he erred. However, were he to be absolutely sure that he recited part of a particular section, he should start reciting again from after that point (Kessef Mishneh).
One who recited (uch'tavtam) - This halachah is found in the continuation ofBerachot 16a, quoted above.
but does not know whether he recited uch'tavtam of [the section of] "Shema" - i.e., of the first section, which begins with Shema Yisrael.
or of [the section of] ViHayah Im Shamoa, (And if you will listen), - i.e., the second section of Kri'at Shema, which begins with these words.
should return to uch'tavtam of "Shema." - In their commentary to theShulchan Aruch, Orach Chayim 64:4, both the Taz and the Magen Avrahamexplain that this problem does not arise with the word וקשרתם "And you shall bind," which also appears in both of the first two sections of Kri'at Shema.
In the first section, this word is written with a kamatz וקשרתם (And you [singular] shall bind them), whereas in the second section it is written with a segol וקשרתם (And you [plural] shall bind...)."
However, if his doubt arises only after having recited למען ירבו ימיכם (In order that your days be multiplied, Deuteronomy 11:21), he need not return, because [we assume] he has recited in accordance with the natural pattern of his speech. - i.e., we assume he recited למען in its proper place, at the end of the second section of Shema.
Commentary Halacha 15
[The following rules apply when] one encounters other people or is approached by them while reciting the Shema. - Having discussed in the previous halachot the proper reaction to unintentional interruptions in Kri'at Shema, the Rambam now discusses when one must purposefully interrupt his reading of the Shema in order to greet people or respond to their greetings.
These halachot are based on the Mishnah (Berachot 13a):
"Between sections, one may initiate greetings out of respect, and respond. In the middle [of a section], one may initiate greetings out of fear, and respond," these are the words of Rabbi Meir.
Rabbi Yehudah says: "In the middle [of a section] one may initiate contact out of respect, and respond out of fear. Between sections, one may initiate out of respect and respond to anyone's greeting."
Rabbi Yehudah says: "In the middle [of a section] one may initiate contact out of respect, and respond out of fear. Between sections, one may initiate out of respect and respond to anyone's greeting."
If he is between sections, - This term is defined in Halachah 17.
he should stop and greet those he is obligated to honor - i.e., he may initiate the contact. This follows Rabbi Yehudah's position in the Mishnah quoted above.
e.g., his father, - The Rambam explains the term mipnai hakavod (out of respect) used in the Mishnah as referring to those one is obligated to honor according to Torah Law; i.e., one's parents in response to the command "Honor your father and your mother" (Exodus 20:12)...
his teacher - i.e., one who taught him Torah. Hilchot Talmud Torah 5:1 states:
Just as a person is commanded to honor his father and fear him, so too, is he obligated to honor and fear his teacher. Indeed, his teacher deserves more than his father. His father brought him into the life of this world, while his teacher... brings him to the life of the world to come.
or anyone greater than he in learning. - Hilchot Talmud Torah 6:1 states:
It is a mitzvah to glorify any Torah Sage even though he is not one's teacher.
Commentary Halacha 16
If one is in the middle [of a section], he may stop - This applies even when one is in the middle of a verse (Jerusalem Talmud, mentioned by Rabbenu Asher.)
Rabbenu Manoach explains this idea. After making an interruption, one should continue reading where he left off only when the break does not entail the interruption of a single idea. However, when a person is forced to make an interruption after stating only half of an idea, he should repeat the whole verse after the completion of his greeting lest he create a misconception.
In the middle of the verses, שמע ישראל or Baruch Shem Kavod…, one may not interrupt at any time unless one's life is in danger (Shulchan Aruch, Orach Chayim 66:1).
and initiate an exchange of greetings only with someone of whom he is afraid - e.g., a king or tyrant. - The term מפני היראה (out of fear) used in the abovementioned Mishnah refers to a king or tyrant - i.e., someone of whom one is physically afraid.
Rashi explains fear as referring to someone who one is afraid will kill him. Rabbenu Asher takes issue with Rashi's explanation of fear. He points out that it is unnecessary for the Mishnah to inform us that in the case of פיקוח נפש (a life-threatening situation), one may interrupt Kri'at Shema. Even violation of the Shabbat is permitted in such instances.
Therefore, Rabbenu Asher explains "out of fear" as referring to one's father or rabbi: איש את אימו ואת אביו תיראו (Every person must revere his mother and father) (Leviticus 19:3). We also learn in Pirkei Avot 4:12 and Pesachim 108a that the fear of one's rabbi is similar to the fear of Heaven. See also Hilchot Talmud Torah 5:1.
The Shulchan Aruch, Orach Chayim 66:1 accepts Rashi's position regarding honor and Rabbenu Asher's interpretation of fear. He also mentions the Rambam's understanding of "out of fear," as referring to a king or tyrant - this refers to one who is likely to cause pain or sorrow (Kessef Mishneh).
However, he may return the greetings of those he is obligated to honor - e.g., his father or his teacher. - See the commentary on the previous halachah.
The Mishnah Berurah, Orach Chayim 66:1 explains that at present, one should never greet [or return greetings of] anyone during Kri'at Shema, or even during פסוקי דזמרא, the verses of praise that precede Kri'at Shema and its blessings, unless it is clear that such a person will be insulted. Since people do not expect one to interrupt Kri'at Shema in order to greet them, such an insult is extremely rare indeed.
One should, however, interrupt at any point [except in the middle of the verses שמע ישראל and ברוך שם כבוד] in order to respond to Kaddish (יהא שמיה רבא),Kedushah (קדוש קדוש קדוש), Barchu and Modim. (See Shulchan Aruch, Orach Chayim 66:3, the Mishnah Berurah there and Shulchan Aruch HaRav, Orach Chayim 66:2.)
In his responsa, the Rambam also forbids the inclusion of hymns within the blessings [as is Ashkenazic custom on festivals], considering them as an interruption.
Commentary Halacha 17
These are the intervals between the sections: between the first blessing and the second; between the second [blessing] and "Shema" - This decision is based on the principle that the blessings before the Shema - though necessary to develop the meditative consciousness necessary for the correct intention during Shema - are not considered as directly related to the Shemaitself.
Accordingly, though it is forbidden to make an interruption between the recitation of a blessing before a mitzvah and the actual fulfillment of the mitzvah, these interruptions are permitted between the blessings before theShema and the Shema. Some communities maintain that the blessings before the Shema are similar to the blessings before other mitzvot and do not allow such interruptions.
between the first and second sections of Kri'at Shema; between the second and third sections of Kri'at Shema. Between these sections, one initiates an exchange with one whom it is his duty to honor and responds to the greetings of anyone. - as explained above in Halachah 15.
However, the interval between the end of the third section of Kri'at Shema and [the paragraph beginning with] Emet v'yatziv is considered the middle of a section, - Berachot 14b explains the significance of the proximity of the end of Kri'at Shema, א-להיכם אני ה', to the word Emet. This is based on a verse in Jeremiah 10:10 א-להיכם אמת ‘ה and proclaims that "God, your Lord, is true." Thus, these words do not represent a break between sections, but rather a continuum.
and one may interrupt only to greet one of whom one is afraid, or to respond to the greetings of someone one is obligated to honor. - as explained in the previous halachah.
Shekalim - Chapter Four
Halacha 1
What [are the funds in] terumat halishcah1 used for? From [these funds] they would purchase the daily offerings sacrificed every day, the additional offerings [sacrificed on Sabbaths, Rashei Chodashim and festivals], all other communal sacrifices, and the wine libations [that accompany them].
Halacha 2
In contrast, [the funds to purchase] a bull brought as a sin offering [for a transgression performed by the community due to] lack of awareness, and the goats [offered by the community for transgressing the prohibition against] the worship of false divinities should be collected [from communal donations], and should not be purchased [with the funds of] terumat halishcah.
The curtains before the Sanctuary replaced a [permanent] structure.6Therefore, they should not be purchased [with the funds of] terumat halishcah, but rather [with funds that were] consecrated for bedek habayit ["the upkeep of the Temple"]. The curtains covering the gates, by contrast, should be purchased [with the funds of] terumat halishcah.
It is ordained that [the funds necessary to fashion] the menorah and the other sacred articles should come from [the funds stemming from] the remainder of the libations. In Hilchot Klei HaMikdash V'Ha'ovdim Bo (the "Laws Governing the Temple Vessels and Those Who Serve Within"),7 the term "the [funds stemming from] the remainder of the libations" will be explained.8 If, however, no such funds are available, [the funds necessary for] these [sacred articles] should come from terumat halishcah.
[The funds necessary to fashion] the priestly garments, those of the High Priest and those of all the other priests who serve in the Temple should come fromterumat halishcah.
Halacha 3
All the animals that are found in Jerusalem or its outskirts should be sacrificed as burnt offerings, as stated in [Hilchot] Pesulei HaMukdashim [the "Laws Governing Consecrated Animals That are Unfit"].9 The wine libations for these offerings should come from terumat halishcah.10
Similarly, if a gentile sent a burnt offering11 from another land, and did not send with it the funds for a wine libation, the wine libation should come from terumat halishcah.
Halacha 4
[The following laws apply when] a convert12 dies and leaves [animals designated as] offerings. If he also designated wine [or funds for] their wine libations, they should come from [what he designated]. If not, they should come from terumat halishcah.
When a High Priest dies, and a successor is not appointed [immediately], we should [pay] for the chavitin offering13 from terumat halishcah.14
The [Rabbis who] inspect blemishes [on first-born animals]15in Jerusalem, the Sages who teach16 the laws of ritual slaughter and the laws of taking a handful from the meal offering, and the women who raise their sons to take part in the offering of the red heifer17 all receive their wages from terumat halishcah.
What would their wages be? An amount decided by the court.
Halacha 5
In a Sabbatical year, when [the produce of the fields] is ownerless, the court hires watchmen to protect some of the produce that grows on its own,18 so that it will be possible to offer the omer [of barley]19 and the two loaves of bread,20for these offerings may come only from the new harvest. These watchmen receive their wages from terumat halishcah.
Halacha 6
Should a person volunteer to watch the produce without charge, his offer is not accepted, lest men of force come and take it. [To prevent this,] the Sages ordained that the watchmen be paid from the funds of the Temple treasury. [This] will prompt everyone to avoid that place where the guards are posted.21
Halacha 7
Scribes who check Torah scrolls in Jerusalem and judges in Jerusalem who preside over cases of robbery receive their wages22 from terumat halishcah.
Halacha 8
Both the ramp that was built from the Temple Mount to the Mount of Olives, on which the red heifer was led [to the Mount of Olives],27 and the ramp on which the goat sent to Azazel was led [outside the city28 were paid for] from sheyarei halishcah.29
Similarly, [any improvements necessary for] the altar for the burnt offerings, the Temple building, or the Temple courtyards [were paid for] from the sheyarei halishcah.30 The water conduit, the walls of Jerusalem, its towers, and all the needs of the city [were paid for] from the sheyarei halishcah.
Should a gentile, even a resident alien,31 offer to donate money for these purposes, or to labor in these projects without charge, [his offer] should be rejected, for [Ezra 4:3] states: "It is not for you, together with us, to build [the House of our Lord," and [Nechemiah 2:20] states "And you have no portion, right, or memorial in Jerusalem."
Halacha 9
[The funds remaining from] terumat halishcah and sheyarei halishcah should be used to purchase male animals to be sacrificed as burnt offerings. For it is a condition made by the court that all the remaining funds be used for burnt offerings.32
They are not, however, used to purchase doves for burnt offerings, for doves are never used for communal sacrifices. These burnt offerings that come from the funds remaining from the collection of the shekalim are referred to as "the dessert of the altar."33
Halacha 10
Should the [collection from the half-]shekalim not be sufficient [to purchase everything necessary] for all the communal sacrifices, the [funds for] whatever is necessary should be taken from [the articles] consecrated for Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure.34
[The converse, however, does not apply. When improvements are necessary, but the resources of] Bedek HaBayit are lacking, [the improvements] should not [be paid for] from funds consecrated for [sacrifices for] the altar.
Halacha 11
From Rosh Chodesh Nisan onward, the communal offerings should be brought from the new collection [of shekalim].35 If, however, [the funds from] the new collection have not reached [the Temple treasury], [funds from] the collection of the previous year may be used.36
Therefore, [the following rule should be applied] if there are animals designated for the daily offerings37 that were purchased from the collection of the previous year when Rosh Chodesh Nisan arrives: They should be redeemed38 and used for mundane purposes,39 despite the fact that they are unblemished. The proceeds should be placed in the collection of funds from the previous year that are used to provide "dessert"40 for the altar. [This is possible because the] court made a stipulation that should there be no need for any of the animals purchased for the daily offerings, it would be possible to [redeem the animals and] use them for mundane purposes.
Halacha 12
After Rosh Chodesh Nisan arrived, the following [procedure] would be adhered to concerning the remainder of the incense offering:41 They would transfer the consecrated quality [of the incense] to [the funds designated] to be given to the artisans [who prepared it] as their wages. These funds were then used for "the dessert of the altar," and the artisans would take the remainder of the incense offering as their wages.42 Afterwards, they would buy back the incense from [the artisans] with money from the new collection [of shekalim]. If the funds from the new collection had not arrived, they would offer the incense [purchased with funds] from the collection of the previous year.
| FOOTNOTES | |
| 1. |
As mentioned in Chapter 2, Halachah 4, this term refers to the funds collected from the half-shekalim and placed in the three large baskets. In addition, other funds remained from the half-shekalim in this chamber, and the Temple treasury had other funds from other sources.
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| 2. |
This applies even to the private offerings that people would bring. A person was not required to bring the salt (or wood) to be used for his sacrifice (Hilchot Issurei Mizbe'ach 5:13).
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| 3. |
As mentioned in Hilchot Klei HaMikdash 6:9, certain families were given the privilege of providing the wood for the altar in the Temple. If, however, the wood they brought did not suffice, additional wood would be purchased from the funds in the Temple treasury.
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| 4. |
See also Halachah 12.
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| 5. |
Note the Mishneh LaMelech, which states that the text contains a printing error, and that the scarlet thread is a reference to the scarlet thread used in the ceremony of the burning of the red heifer. There are, however, later commentaries that justify the standard text.
|
| 6. |
Based on Rashi, Ketubot 106a, it appears that this refers to the two curtains that separated the Sanctuary from the Holy of Holies. In the First Temple, a wall served this function. The Second Temple was much taller than the First Temple (100 cubits, as opposed to 30), and a wall only a cubit thick and 100 cubits high would not be structurally sound. Therefore, the Sages replaced the wall with two curtains. See Hilchot Beit HaBechirah 4:2. Since these curtains replaced a structure of stone, they were governed by different rules from those governing the other curtains in the Temple. Among the differences was that they were not paid for from these funds.
|
| 7. |
One of the 83 sections of the Mishneh Torah; the second section of Sefer HaAvodah, "the Book of Divine Service."
|
| 8. |
In Chapter 7, Halachah 13 of those laws, the Rambam writes that the prices for the wine for the libations and the flour for the meal offerings are fixed with the suppliers every thirty days. If the price for these commodities increases on the general market, the suppliers are still obligated to provide the Temple with the commodities at the price agreed upon previously. If, however, the price for them decreases on the general market, the suppliers must sell them to the Temple at their present market value. The profit realized by the Temple treasury in this manner is referred to as "the [funds stemming from] the remainder of the libations."
Significantly, however, in those laws the Rambam mentions that these funds are used to purchase burnt offerings, and does not mention that they were used to fashion the sacred articles. The commentaries resolve this discrepancy by stating that only rarely was it necessary to purchase sacred articles. Hence, these funds were primarily used for the purchase of burnt offerings.
|
| 9. |
Chapter 6, Halachah 18.
|
| 10. |
Shekalim 7:5 relates that the Temple officers would originally require the person who discovered the animal to bring the wine libation that accompanied it. When this led to a negative outcome, they decided to have the wine libations brought from communal funds.
|
| 11. |
For the burnt offering sent by a gentile may be sacrificed in the Temple (Hilchot Ma'aseh HaKorbanot 3:2). Were the gentile to send wine for the libations, it would not be acceptable (ibid.:5).
|
| 12. |
I.e., a convert without Jewish heirs. If he has heirs, and similarly for a native-born Jew who dies after having designated animals as offerings, the heirs are required to supply the wine libations.
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| 13. |
A meal offering resembling a pancake, brought daily by the High Priest.
|
| 14. |
The Kessef Mishneh notes a contradiction between the Rambam's statements here and those inHilchot Temidim UMusafim 3:22, where he states that the High Priest's meal offering should be brought by his heirs after he dies. (It must be noted that a similar contradiction can be found in the Rambam's Commentary on the Mishnah. In his commentary on Shekalim 7:5, he renders a decision similar to the ruling in this halachah, while in his commentary on Menachot 4:5, his decision is analogous to that rendered in Hilchot Temidim UMusafim.)
Rav Kapach offers the following resolution: If a High Priest dies without bringing a meal offering on a particular day, his heirs are required to bring it. On subsequent days, however, the offering should be brought from communal funds.
|
| 15. |
A first-born animal that has a permanent blemish must be given to a priest as a gift. It is not, however, sacrificed on the altar. One of the points of Rabbinic expertise mentioned by the Talmud is the ability to distinguish between a temporary blemish and a permanent one.
Although Tosafot, Ketubot 106a, offers this explanation, they also note that Bechorot 29b forbids accepting a wage for inspecting the blemishes of a first-born. Tosafot, however, differentiate between a wage paid by a private individual and one paid by the community. Alternatively, Tosafotexplain that this refers to scholars who inspected animals before they were sacrificed. This was necessary because an animal with a blemish was unfit.
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| 16. |
This statement is very significant within a totally different context. In Hilchot Talmud Torah 1:7, the Rambam writes that it is forbidden to accept a wage for teaching the Oral Law. See also Chapter 3, Halachah 10 of those laws, where the Rambam writes:
The above ruling appears to contradict these statements. Among the resolutions offered is that here, the Rambam is allowing the teachers to receive recompense because instructing the students is their occupation. Were they not charged with this responsibility, they would occupy themselves in another profession. Alternatively, they were allowed to receive payment for teaching the practical side of these activities, and not their theoretical dimensions.
|
| 17. |
See Hilchot Parah Adumah 2:7, which explains that it was customary that a person who never contracted ritual impurity at all be the one who takes part in the purification rite of the High Priest before he offers the red heifer. For this purpose, women would raise their children in a specific area of Jerusalem, making certain that they never came in contact with a source of impurity.
|
| 18. |
Although we are forbidden to plant any crops in the Sabbatical year, the Torah allows us to benefit from the small amount of produce that grows on its own accord from left-over seeds and the like. Our Sages forbade deriving personal benefit from such produce (Hilchot Shemitah 4:1-2); it may, however, be used for a mitzvah. Nevertheless, because the prohibition was only Rabbinic in origin, it was not observed carefully by the entire population. Hence, to ensure that there was a sufficient quantity of grain available for these offerings, it was necessary to hire watchmen.
|
| 19. |
Offered on the sixteenth of Nisan (Leviticus 23:11).
|
| 20. |
Offered on the holiday of Shavuot (Ibid.:17).
|
| 21. |
Rashi, Bava Metzia 118a, states that hiring people to watch it makes it public knowledge that it was designated for use as an offering. Hence, even men of force will refrain from harvesting these crops.
|
| 22. |
Hilchot Sanhedrin 23:5 states that a judge is forbidden to receive a wage for presiding over a case. Nevertheless, these judges were paid a wage, for their involvement in these cases prevented them from pursuing any other means of deriving a livelihood.
|
| 23. |
Ketubot 105a states ninety-nine maneh.
|
| 24. |
A maneh was 100 dinarim. As can be derived from Chapter 1, Halachah 3, a dinar was equivalent to the weight of 96 barleycorns of silver.
|
| 25. |
I.e., even if the judges do not feel it correct to impose on the community, the needs of their households are to be met.
|
| 26. |
Note the Chatam Sofer (Choshen Mishpat, Responsum 5), who states that the judges' needs should be generously provided for.
|
| 27. |
See Hilchot Parah Adumah 3:1-2.
|
| 28. |
Yoma 66a states that this ramp was built because the Jews from Egypt would pull the hair of the priest leading the goat to hurry him on his way.
|
| 29. |
As stated in Chapter 2, Halachah 4, the sheyarei halishcah, "the remainder within the chamber," refers to the funds that remain from the collection of shekalim after the coins were placed in the three large baskets.
|
| 30. |
The Kessef Mishneh notes that Ketubot 106a states that the funds for these improvements should come from Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure, and not from sheyarei halishcah. Rav Kapach, however, notes that the Shitah Mekubetzet quotes a different version of that Talmudic passage, which appears to be the source for the Rambam's ruling.
|
| 31. |
I.e., a gentile who commits himself to observing the seven universal laws commanded to Noach and his descendants. (See Hilchot Melachim 8:10, 9:1-2.) This concept is derived from the fact that the Samaritans who volunteered to assist Zerubavel in the construction of the Second Temple were not idol worshipers (Kessef Mishneh).
|
| 32. |
Since the funds were given with a specific intent, they could not be used for this purpose unless such a condition was made.
|
| 33. |
Our translation is based on the Rambam's Commentary on the Mishnah (Shekalim 4:4), which explains that the word kayitz refers to the conclusion of the summer, the days of the fig and grape harvest. In addition to the mainstay of their meals, people often eat these fruits. Similarly, these offerings are brought on the altar in addition to the sacrifices that are usually offered.
|
| 34. |
The Ra'avad differs with the Rambam on this point, noting that although the Jerusalem Talmud (Shekalim 5:4) makes a statement resembling the Rambam's ruling, it proceeds to explain that statement as referring only to a specific type of donation: a collection of used utensils. According to the Ra'avad, other resources donated to Bedek HaBayit may be used only for improvements to the Temple. The Kessef Mishneh and others justify the Rambam's ruling.
|
| 35. |
The Jerusalem Talmud (Shekalim 1:1) cites a historical precedent: Just as the first communal sacrifices were brought on the altar in the desert on Rosh Chodesh Nisan, similarly, in subsequent years we renew the practice of bringing communal offerings by using funds from the new collection. In this vein, Rosh HaShanah 7a refers to Rosh Chodesh Nisan as "the Rosh HaShanah for the setting aside of the shekalim."
|
| 36. |
It is, however, as if one "forfeited a mitzvah" (Rosh HaShanah, loc. cit.).
|
| 37. |
It was customary that there be a minimum of six lambs prepared to be offered kept in the Chamber of the Lambs (Hilchot Temidim UMusafim 1:9). This custom was also observed on the twenty-ninth of Adar. Thus, there were always four lambs left over on Rosh Chodesh Nisan (Rashi, Sh'vuot 10b).
|
| 38. |
For the consecrated status of an animal or an article can never be changed without its being redeemed.
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| 39. |
Avodat HaMelech asks why, concerning these animals, we do not follow the same procedure mentioned in the following halachah concerning the remainder of the incense offering - i.e., that they be redeemed and then purchased again with the funds of the new collection of shekalim.
As a possible resolution, he explains that it is forbidden to use for mundane purposes a collection of spices identical to those of the incense offering (Exodus 30:38; Hilchot Klei HaMikdash 2:9). Thus, there would be no use at all for the remainder of the incense offering. For this reason, the Sages ordained that it be repurchased. Concerning the lambs, by contrast, once they are redeemed there is no difficulty in using them for mundane purposes.
|
| 40. |
See Halachah 9 and notes.
|
| 41. |
Every year, 368 measures of incense were prepared, 365 corresponding to the days of a solar year, and three extra measures for the incense offering of the High Priest on Yom Kippur (Keritot6a). Since an ordinary lunar year has either 353, 354, or 355 days, in every ordinary year there were always several portions of incense remaining.
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| 42. |
From the Rambam's Commentary on the Mishnah (Shekalim 4:5), it would appear that the artisans were given the extra portions of the incense at the beginning of the year, they kept the incense in their possession and it was not repurchased from them until the following year. According to either interpretation, the artisans would have to wait an entire year to receive this portion of their wages.
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Kiddush HaChodesh - Chapter One
Halacha 1
The months of the year are lunar months, as [implied by Numbers 28:14]: "... the burnt offering of the month when it is renewed,"1 and [Exodus 12:2]: "This month shall be for you the first of months."2 [Concerning this verse,] our Sages commented:3 The Holy One, blessed be He, showed Moses in the vision of prophecy an image of the moon and told him, "When you see the moon like this, sanctify it."
The years we follow are solar years, as [implied by Deuteronomy 16:1]: "Keep the month of spring."4
Halacha 2
How much longer is a solar year than a lunar year? Approximately eleven days.5 Therefore, [to correct the discrepancy between the lunar and the solar calendars,] when these additional days reach a sum of 30 - or slightly more, or slightly less - an additional month is added, causing the year to include thirteen months. This is called a full year.
[This is necessary,] because it is impossible to have a year with twelve months and an odd number of days, as [implied by Numbers 28:14]: "... of the months of the year." [On this verse, our Sages6 commented:] "You count the months of a year, but not the days of a year."
Halacha 3
The moon becomes hidden and cannot be seen for approximately two days - or [slightly] less or slightly more - every month: approximately one day before its conjunction with the sun at the end of the month, and one day after its conjunction with the sun, [before] it is sighted in the west in the evening.7
The first night when the moon is sighted in the west after being hidden is the beginning of the month. Afterwards, 29 days are counted from that day. If the moon is sighted on the night of the thirtieth [day], the thirtieth day will be Rosh Chodesh [of the following month].
If it is not sighted, Rosh Chodesh will be on the thirty-first day, and the thirtieth day will be included in the previous month. There is no need [to sight] the moon on the thirty-first night; whether or not [the moon] is sighted [the new month begins that night]. For there are no lunar months longer than thirty days.
Halacha 4
When there are twenty-nine days in a month, [because] the moon was sighted on the thirtieth night, the month is called chaseir, ["lacking"]. If the moon is not sighted and the previous month has thirty days, the month is called me'ubar["pregnant"] or malei ["full"].
When the moon is sighted on the thirtieth night, the moon is said to have been sighted at the appropriate time. When the moon is sighted on the thirty-first night, but not on the thirtieth night, the moon is described as having been seen on the night of its fullness.
Halacha 5
The [establishment of Rosh Chodesh] based on the sighting of the moon is not the province of every individual,8 as is the Sabbath [of the weekly cycle]. [In the latter instance,] everyone counts six days and rests on the seventh day.
[The sanctification of the new month,] by contrast, has been entrusted to the court.9 [The new month does not begin] until it has been sanctified by the court, and it is the day that they establish as Rosh Chodesh that is Rosh Chodesh. [This is implied by the verse,] "This month will be for you...," - i.e., the testimony [concerning the new month] will be entrusted to you.10
Halacha 6
The [High] Court would make calculations in a manner resembling11the calculations of the astronomers, who know the location of the stars and their paths [in their orbits]. They would perform careful research to determine whether or not they would be able to sight the moon at the appropriate time - i.e., the thirtieth night.
If [the judges] determined that it was possible to sight [the moon], they would sit waiting for witnesses [to come and testify] throughout the entire thirtieth day. If witnesses came, and [the court] examined their testimony according to law, and verified the truth [of their statements], the court would sanctify [the new month]. If [the moon] was not sighted, and witnesses did not come,12 they would complete the thirtieth day, thus making the month full.
If, according to their calculations, [the judges] knew that it was impossible for the moon to be sighted, they would not sit [in session] on the thirtieth day, nor would they await [the arrival] of witnesses. If witnesses came, they would know that they are false witnesses, or that clouds appeared to them in a form resembling the moon, but it was not the real moon.
Halacha 7
It is a positive commandment of the Torah13 for the court to calculate and determine whether or not the moon will be sighted, to examine witnesses until the moon can be sanctified, and to send forth [messengers] to inform the remainder of the people on which day Rosh Chodesh was observed,14 so that they will know the day [on which to celebrate] the festivals [as implied byLeviticus 23:2]: "that you will pronounce as days of holy convocation,"15 and [as implied by Exodus 13:10]: "And you shall observe this statute in its appointed season."16
Halacha 8
The calculations and the establishment of the months and the leap years is carried out only in Eretz Yisrael [as implied by Isaiah 2:3]: "For out of Zion will emerge the law, and the word of God [will emerge] from Jerusalem."17
If a great sage who received semichah18 in Eretz Yisrael left for the diaspora without leaving a colleague of equal stature in Eretz Yisrael, he may make calculations, establish the monthly calendar, and institute leap years in the diaspora.19If, however, it becomes known to him that a sage of his stature has arisen in Eretz Yisrael - and surely, if a sage of greater stature has arisen inEretz Yisrael - it is forbidden for him to establish [the monthly calendar] and [institute] leap years in the diaspora.20 If he transgresses, and [attempts to structure the calendar in this manner], his actions are of no consequence.21
| FOOTNOTES | |
| 1. |
The concept of a renewal each month is relevant regarding lunar months, but not with regard to solar months. For the moon is not seen for a day or two each month, while the sun shines continually every day throughout the year.
|
| 2. |
Although the implication to a lunar month in this verse is not as obvious as in the former verse, there is an explicit teaching from our Sages indicating a connection, as the Rambam proceeds to explain.
|
| 3. |
Mechilta D'Rashbi on the above verse; see also Midrash Tanchumah, Shemini, sec. 8; Menachot29a.
|
| 4. |
Sanhedrin 13b (cited by the Rambam, Chapter 4, Halachah 1) explains that this verse is a charge to arrange the calendar so that the vernal (spring) equinox always falls in the month of Nisan.
|
| 5. |
The Rambam speaks in more precise figures in Chapter 6. At present, he is speaking in general terms to give an outline of the how the Jewish calendar is structured.
|
| 6. |
Megillah 5a.
|
| 7. |
As explained in the notes to Chapter 11, when the sun, the moon, and the earth are aligned in a straight line in that order, the moon reflects the sun's rays directly back to it, and no light can be seen from the earth. This is called the conjunction of the sun and the moon. Afterwards, the moon proceeds in its orbit away from the sun, and within approximately one day's time it will have moved a sufficient distance for it to reflect a small crescent of light to the earth. This crescent will always be sighted first in the western portion of the sky, close to the horizon.
The commentaries note that Rosh HaShanah 20b states that the moon cannot be seen for twenty-four hours every month. Aruch HaShulchan (Hilchot Kiddush HaChodesh, sec. 88) explains that there is no contradiction to the Rambam's statements here. There are twenty-four hours every month in which it is impossible to see the moon. There is in addition, however, approximately one day every month when the probability of seeing the moon is very low.
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| 8. |
I.e., in contrast to the Sabbath, a person who thinks that he has sighted the moon may not begin counting the days of the new month on his own initiative. Rather, he must go to the Sanhedrin and present his testimony to them, and it is they who decide whether or not to begin the new month. (Note the Rambam's comments in Sefer HaMitzvot , Positive Commandment 153, where he elaborates on this theme.)
|
| 9. |
I.e., the Sanhedrin, the High Court that held sessions in Jerusalem until the Temple's destruction, and afterwards was located in various cities throughout Eretz Yisrael.
|
| 10. |
As explained in Rosh HaShanah 22a, this command was addressed to Moses and Aaron. The words "to you" are seemingly unnecessary. Thus, they are interpreted to mean that just as this command is being given to you, so too, the fulfillment of it in subsequent times will be the responsibility of men like you - i.e., the judges of Israel's High Court. (See Chapter 2, Halachah 8, which mentions an application of this principle. See also Chapter 5, Halachah 1.)
|
| 11. |
Rav Kapach explains that the Rambam chose his wording exactly. The calculations of the High Court merely "resembled the calculations of the astronomers." In truth, however, they operated under a different system. As the Rambam explains in Chapter 17, Halachah 24, the prophets and the descendants of the tribe of Issachar had a method of calculating the movement of the sun, the moon, and the stars, which had been transmitted to Moses on Mount Sinai. Although this method resembled the method of calculations employed by gentile scholars, it was unique and different. (See also the Rambam's Commentary on the Mishnah, Rosh HaShanah 2:8.)
This method of calculation was lost to our people shortly after the composition of the Mishnah. Subsequent texts, including the Rambam's own system of calculation, as explained from Chapter 11 onward, were based on Greek sources.
|
| 12. |
Because the moon was covered with clouds or for other similar reasons. (See Chapter 18, Halachah 1.)
|
| 13. |
See Sefer HaMitzvot (Positive Commandment 153) and Sefer HaChinuch (Mitzvah 4), which consider this to be one of the Torah's 613 mitzvot.
|
| 14. |
The Rambam mentions three activities imperative on the court in fulfillment of this mitzvah: the calculation of the time for the sighting of the moon, the examination of the witnesses, and the notification of the Jewish people.
It is interesting to note that the structure of Hilchot Kiddush HaChodesh represents somewhat of a departure from the Rambam's usual style of presentation in the Mishneh Torah. He generally begins by citing a mitzvah and the proof-text from which it is derived, and afterwards he describes it. In this instance, the Rambam begins by describing the basic ground rules for the sighting of the moon, and afterwards he explains the mitzvah that is associated with this sighting.
Rav Kapach suggests that this approach could have been taken in reaction to the position of Rav Sa'adiah Gaon, who maintains that the fundamental aspect of determining the calendar was not the sighting of the moon, but rather the calculations of the Sages. See the Rambam's Commentary on the Mishnah (Rosh HaShanah 2:6).
|
| 15. |
As stated in the conclusion of Chapter 2, this verse is an indication that the determination of the days on which the festivals are to be celebrated - and thus the establishment of the monthly calendar on which the former depends - was entrusted to the Jewish High Court.
|
| 16. |
This verse refers to the Paschal sacrifice and teaches us that there is an obligation to "observe this statute," bring the Paschal sacrifice, "at its appointed time" - i.e., in the spring. This alludes to the second dimension of this mitzvah, the establishment of leap years so that the holiday of Pesach will always fall in the spring.
Note the Ramban (Hasagot to Sefer HaMitzvot, Shoresh 1), who cites opinions that consider these two dimensions - the establishment of Rosh Chodesh and the decision whether to observe leap years - as two separate mitzvot.
The Rambam's citation of this proof-text has attracted the attention of commentaries because of another difficulty. In Menachot 36b, the meaning of this verse is the subject of a difference of opinion between Rabbi Akiva and Rabbi Yosse HaG'lili. While the simple meaning of the phrase "this statute" is the Paschal sacrifice - and this is the interpretation of Rabbi Akiva - Rabbi Yosse HaG'lili interprets the phrase as referring to the mitzvah of wearing tefillin.
What is significant is that in the Mishneh Torah, the Rambam cites both the interpretations of Rabbi Akiva (in this halachah) and that of Rabbi Yosse HaG'lili (Hilchot Tefillin 4:10) as Torah law. The commentaries (see Radbaz, Vol. V, Responsum 1693) explain that this is indicative of a general pattern within the Mishneh Torah. The Rambam's intent in composing the Mishneh Torahwas to provide us with a text of Torah practice, not a source book explaining the derivation of Torah law. He refers to verses only when they are necessary as supports. Therefore, in each instance he cites the proof-text that has the most obvious connection to the law or principle he is referring to, although it is possible that there is another verse from which this law was actually derived.
|
| 17. |
See Sefer HaMitzvot, loc. cit., where the Rambam explains the connection of this mitzvah - and the Jewish people as a whole - to Eretz Yisrael in stirring terms.
|
| 18. |
The ordination conveyed upon the Sages from Sage to Sage, in a chain that began with Moses himself. (See Hilchot Sanhedrin, Chapter 4.)
|
| 19. |
Yevamot 122a relates that Rabbi Akiva journeyed to Neharde'a for this purpose, and from the narrative in Berachot 63a, it would appear that Chanina, Rabbi Yehoshua's nephew, lived in Babylon and ordained the order of the calendar from there for several years.
|
| 20. |
Berachot, ibid., states that the Sages of Eretz Yisrael ordered Chanina to stop ordaining the calendar, because "the kids that you left behind have grown and become billy-goats with horns" - i.e., the Sages who were once on a lower level of understanding had matured and achieved a par with him.
|
| 21. |
The Rambam is speaking about the era when the beginning of the new month was determined through the testimony of witnesses. The use of the fixed calendar we follow at present is discussed in Chapter 5.
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Kiddush HaChodesh - Chapter Two
Halacha 1
The only testimony that is acceptable with regard to [the sighting of] the new [moon] is that of two1 adult males2 who are fit to testify regarding all matters.3Women and slaves,4 by contrast, are like other unacceptable witnesses and may not testify.
When a father and a son both see the new moon, they should both go the court to testify. Not because testimony regarding the [the sighting of] the new [moon] is acceptable [from witnesses who are] related, but because one of them may be disqualified because he is a thief or for other reasons, and the other will be able to join with another person and give testimony.
A person who is disqualified from serving as a witness by Rabbinical decree,5although he is acceptable according to the law of the Torah itself, may not serve as a witness with regard to [the sighting of] the new [moon].
Halacha 2
According to the law of the Torah, there is no need to be precise regarding testimony about [the sighting of] the new [moon]. For even if the new moon was sanctified on the basis of the testimony of witnesses, and later it was discovered that those witnesses had perjured themselves,6 [the new moon] remains sanctified.7
Accordingly, in the early generations, testimony regarding [the sighting of] the new [moon] was accepted from any Jew [without further enquiry], for any Jew can be presumed to be an acceptable witness unless one knows with certainty that he is unacceptable. When the followers of Baithos8 began conducting themselves in a debased manner and would hire people9 to testify that they had seen the moon when in fact they had not, the court decreed that it would accept testimony regarding [the sighting of] the new [moon] only from witnesses whom the court knew to be acceptable. Moreover, they would examine and question their testimony.
Halacha 3
Therefore, if the [High] Court did not know [the character of] the witnesses who sighted the moon, the inhabitants of the city where the moon was sighted would send other witnesses10 together with the witnesses who saw the moon to substantiate their character to the court, and inform [the judges] that they are acceptable [witnesses]. [Only] afterwards would the court accept their [testimony].
Halacha 4
The court would make calculations in a manner resembling the calculations of the astronomers, and would know whether the position of the moon - when it would be sighted - would be to the north of the sun, or to its south,11 if its [crescent] would be wide or narrow,12 and the direction in which its corners would be pointed.13
When the witnesses came to testify, they would ask them: "Where did you see [the moon]: to the north or to the south [of the sun]?", "In which direction were its corners pointed?", "How high and how wide did it appear to you?" If their replies were suitable, their testimony was accepted. If their replies were not suitable, their testimony was not accepted.
Halacha 5
If the witnesses say, "We saw [the reflection of the moon] in water," or "...[its form] behind the clouds," or "...[its reflection] in a mirror," [what they] saw is of no [consequence], and this sighting cannot be used as the basis for sanctifying [the new moon].14 [The same law applies if the witnesses say,] "We saw a portion [of the moon] in the heavens, and a portion of [its form] behind the clouds," "...a portion [reflected] in water," or "...a portion [reflected] in a mirror."
If one [potential witness says,] "I saw it and it appeared to me approximately two storeys high," and another [potential witness] says, "It was three storeys high," their testimonies may be combined15 [and the moon sanctified on this basis]. If, however, one says "It was approximately three storeys high," and the other says, "It was approximately five storeys high," their testimonies may not be joined together.16 Either one of them, however, may join together with another witness who gives identical testimony, or [who gives testimony] involving a discrepancy of merely one storey.
Halacha 6
If witnesses say, "We saw [the moon] without concentrating our attention, and, afterwards, when we concentrated our attention with the intent of sighting it so that we could testify, we did not see it," this is not considered [valid] testimony, and it cannot serve as the basis for sanctifying [the new moon]. Perhaps clouds came together, and appeared like the moon, and afterwards became dispersed.17
If witnesses say, "We saw [the moon] on the twenty-ninth [day] in the morning in the east before sunrise, and [afterwards,] in the evening, we saw it in the west on the thirtieth night," their testimony is believed, and the moon can be sanctified on this basis. [The rationale is] that they saw [the moon] at its appropriate time. [Their testimony] about [what they thought] they saw in the morning is disregarded. We need not pay any attention to what they saw in the morning, for it is obvious that it was the conjunction of clouds that appeared to them as the moon.18
Similarly, if [witnesses claim] to have seen the moon at its appropriate time, but it was not seen on the thirty-first night, their [testimony] is believed. For what is significant for us is only the sighting [of the moon] on the thirtieth night.19
Halacha 7
What is the process through which the testimony regarding the sighting of the moon is accepted? Anyone who saw the moon and is fit to testify20 should come to the court. The [judges] should bring them all to a single place,21 and should make a large feast for them, so that people will come regularly. The pair [of witnesses] who arrive first are examined first according to the questions mentioned previously.22 The one of greater stature is invited [into a private chamber] first and asked these questions. If his testimony is accurate according to [the data that the court arrives at through] calculations, they invite his colleague in. If their statements are comparable,23 their testimony is substantiated.
[Afterwards,] the remaining pairs are asked questions of a broader nature. [In truth,] their testimony is not required at all, [and they are being asked] only so they will not depart disheartened, so that they will come frequently [in the future].24
Halacha 8
Afterwards - i.e., after [the witnesses'] testimony is substantiated - the head of the court declares, "It has been sanctified." And all the people respond, "It has been sanctified. It has been sanctified."
A minimum of three judges is required to sanctify the new moon.25 Similarly, the calculations [regarding the moon's position] must be made by three judges. The new moon is sanctified only when it is sighted at its appropriate time.26Moreover, the moon is sanctified only during the day.27 If it was sanctified at night, the sanctification is of no consequence.
Furthermore, even if the court and the entire Jewish people saw the moon, but the court did not declare that "It has been sanctified"28 before the nightfall beginning the thirty-first day, or if the witnesses were cross-examined, but afterwards the court was not able to declare that "It has been sanctified" before the nightfall beginning the thirty-first day,29 it should not be sanctified,30 and the month should be full. Despite the fact that the moon was sighted on the thirtieth night, it is the thirty- first day that will be Rosh Chodesh. For [the sanctification of the new month] is not established by the sighting of the moon, but by the court that declares, "It has been sanctified."31
Halacha 9
If the court themselves see [the new moon] at the conclusion of the twenty-ninth day, before a star has emerged on the thirtieth night, the court may declare, "It has been sanctified; it has been sanctified,"32 for it is still day.33
If [the judges] sight the moon on the night of the thirtieth day after two stars have appeared,34 [they should adhere to the following procedure]. On the morrow, two other judges join one of the three [to form a court]. The other two [judges] then testify before [this court] of three, who then [sanctify the new month].
Halacha 10
Once the court sanctifies the new month, it remains sanctified regardless of whether they erred unwittingly, they were led astray [by false witnesses], or they were forced [to sanctify it].35 We are required to calculate [the dates of] the festivals based on the day that they sanctified [as the beginning of the new month].
Even if [a person] knows that [the court] erred, he is obligated to rely on them,36for the matter is entrusted to them alone. The One who commanded us to observe the festivals is the One who commanded [us] to rely on them, as [implied by Leviticus 23:2]: "Which you will pronounce as days of holy convocation."37
| FOOTNOTES | |
| 1. |
For all evidence must be substantiated by the testimony of two witnesses, as implied byDeuteronomy 19:15 which states, "The testimony of a single witness will not stand." See Hilchot Edut, ch. 5.
|
| 2. |
Both these concepts are implied by the Hebrew word anashim.
|
| 3. |
See Hilchot Edut, Chapters 9-10, 12-14.
|
| 4. |
Who are not acceptable for testimony in court (Hilchot Edut 9:2,4). The slaves referred to here are "Canaanite slaves," gentiles purchased as slaves. A Jewish servant, eved ivri, may give testimony in court on this and other matters.
|
| 5. |
E.g., gamblers, usurers, and other individuals described in Hilchot Edut, Chapter 11.
|
| 6. |
More particularly, the term used by the Rambam, zomemim refers to witnesses who claimed that they saw the moon while they were located in a specific place at a specific time, and later it was proven that they had been in another place at that time. (See Hilchot Edut, Chapter 18.)
|
| 7. |
See Halachah 10.
|
| 8. |
Avot D'Rabbi Natan 5:2 relates that Antigonus of Socho had two talented students, Tzadok and Baithos. When Antigonus taught: "Do not be like students serving a master in order to receive a reward," they turned away in disgust, commenting, "Is it proper for a worker to toil the entire day without receiving any recompense?"
They began splinter groups that rejected the core of Jewish practice and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Godly was the written law. The oral law, they maintained, was merely a human invention.
This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would refer to all those who deny the Torah and its tradition as Sadducees (from Tzadok) or Baithosees (from Baithos) [the Rambam's Commentary on the Mishnah, Avot 1:3]. Not only did these individuals scorn Torah observance themselves, but they tried, as indicated by this halachah, to undermine the observance of the Jewish nation as a whole.
Our translation follows the standard printed text of the Mishneh Torah. Many original printings and manuscripts state minnim, "non-believers," rather than "the followers of Baithos." Similarly, the Rambam's source, Rosh HaShanah 2:1, uses this term. Some consider this as a reference to the early Christians.
|
| 9. |
Rosh HaShanah 22b relates that the Sadducees paid witnesses 400 zuzim to testify falsely with regard to the sighting of the moon.
|
| 10. |
The Rambam uses a plural term, implying that two character witnesses are required. This prerequisite is apparent from Rosh HaShanah 22b. The Jerusalem Talmud (Rosh HaShanah 2:1), by contrast, requires only one character witness.
|
| 11. |
As the Rambam states in his Commentary on the Mishnah, Rosh HaShanah 2:7, this refers to the latitude of the moon. This subject is explained in Chapter 16.
|
| 12. |
As the Rambam explains in his Commentary on the Mishnah (loc. cit.), the size of the moon's crescent grows as it moves further away from the sun.
|
| 13. |
See Chapter 19 for an explanation of how the court can determine these matters.
|
| 14. |
To sanctify the moon, it is necessary to see the moon itself - and not its reflection - and to see it clearly, not as it is hidden by clouds.
|
| 15. |
Although there is a discrepancy between them, the two testimonies are not considered to contradict each other, since it is possible for a person to err slightly in making such an estimation.
|
| 16. |
For this discrepancy is too great for the two to be considered a single statement.
|
| 17. |
Rosh HaShanah 24a and 25a mentions instances where the conjunction of the clouds appeared to resemble the moon.
|
| 18. |
The Rambam's statements are based on his interpretation of the difference of opinion between Rabban Gamliel and Rabbi Yochanan ben Nuri mentioned in Rosh HaShanah 2:9. (See the Rambam's Commentary on the Mishnah for a detailed analysis of this matter.)
Rabbi Yochanan ben Nuri maintains that the witnesses' testimony should be disregarded, because it cannot possibly be true. Everyone knows that, at the beginning of the month, the moon always appears on the western horizon for a brief period after the setting of the sun. At this time of the month, seeing it in the morning, before sunrise, is impossible. (See Chapters 15 and 17 for an explanation of this phenomenon.) Since the testimony of these witnesses contains an obvious error, the testimony should be disregarded entirely.
Rabban Gamliel, as his opinion is explained by the Rambam, was aware of this astronomical concept as well. Nevertheless, in the instance mentioned in the Mishnah, he knew that according to the calculations, it would have been possible for the moon to have been sighted on the night mentioned by the witnesses. Why then, he argued, should their testimony be discounted entirely because of the error they made regarding the morning. The fact that then, they mistook the condensation of clouds for the moon should not cause their testimony to be disregarded entirely.
|
| 19. |
This represents a parallel difference of opinion mentioned in Rosh HaShanah (op. cit.). Rabbi Dosa ben Hyrkanos maintains that it is impossible for the moon to be sighted on one night, and then for it not to be sighted on the following night.
Rabban Gamliel (as his position is explained by the Rambam in his Commentary on the Mishnah) accepted the witnesses' testimony in this instance, because he knew that, according to the calculations, it was possible for the moon to be sighted on the thirtieth night. The fact that it was not sighted again on the thirty-first night was merely a matter of circumstance: no one was trying to see it, their view was obstructed by clouds, or the like.
|
| 20. |
I.e., there is no benefit to be derived from a witness whose testimony will not be accepted by the court because of his conduct - e.g., a transgressor, a gambler, or a usurer.
|
| 21. |
Rosh HaShanah 23b states that there was a large courtyard in Jerusalem called "the house of Ya'azak" where the witnesses would gather.
|
| 22. |
In Halachah 4.
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| 23. |
See Halachah 5.
|
| 24. |
The Rambam (based on Rosh HaShanah 2:7) is communicating an important lesson in human dynamics. Since the court might need these witnesses in the future, it is important that they feel that consideration is shown to them, and that their coming was not futile.
|
| 25. |
Rosh HaShanah 25b derives this concept as follows: The commandment "This month shall be for you..." was addressed to both Moses and Aaron, implying that at least two judges are necessary. A court must be composed of an odd number of judges, and hence a third judge is required.
|
| 26. |
I.e., as the Rambam continues to explain, for the new month to be sanctified, the moon must be sighted on the thirtieth night, the witnesses must testify on the thirtieth day, and the court must declare the month to be sanctified - all before sunset of that day.
|
| 27. |
Based on Psalms 81:4-5, Rosh HaShanah 25b draws an equation between the sighting of the new moon and the delivery of a judgment. Just as a judgment may be delivered only during the day, so too, the mitzvah of the sanctifying the new moon applies only by day.
|
| 28. |
In his Commentary on the Mishnah, Rosh HaShanah 3:1, the Rambam explains that one might think that since the court and the entire Jewish people saw the moon, there was no need to sanctify the new month. Therefore, as he concludes in this halachah, it is necessary to emphasize that it is the sanctification of the court that establishes the new month, and not the sighting of the moon alone.
|
| 29. |
Rosh HaShanah (loc. cit.) explains that although a decision regarding a monetary case may be rendered at night if the testimony was received by the court during the day, this concept does not apply regarding the sanctification of the new month. The court must actually sanctify the new month during the day.
|
| 30. |
Based on Chapter 3, Halachot 15-18, it would appear that the Rambam's intent is that, since the new month was not sanctified at its appropriate time, the court endeavors to have the witnesses' testimony disqualified. If, however, the witnesses' testimony is substantiated despite the court's efforts, the month can be sanctified retroactively.
|
| 31. |
As mentioned in Chapter 1, Halachah 5, the mitzvah of sanctifying the new month has been entrusted to the court.
|
| 32. |
Rosh HaShanah 25b explains that this teaches us that hearing the testimony of the witnesses is not more effective than the actual sighting of the moon itself.
|
| 33. |
In his Commentary on the Mishnah (Rosh HaShanah 3:1), the Rambam writes that although the sun has set, the night does not begin until the appearance of the stars, and it is still possible to sanctify the new moon.
(The Rambam's wording in this halachah and in the related portions of his Commentary on the Mishnah have raised questions concerning his conception of the limits of the day, the night, and the intermediate period referred to as beyn hash'mashot. See the Radbaz (Vol. V, Responsum 1379), the Ralbach, the Or Sameach and others, who address themselves to this issue.)
It is also significant to mention that Rashi (Rosh HaShanah, loc. cit.) and others differ with the Rambam's interpretation of the Mishnah, and consider it as referring to the citing of the moon at the conclusion of the thirtieth day, on the eve of the thirty- first.
|
| 34. |
From this time onward, they can no longer sanctify the new month on the basis of their sighting alone. Instead, the procedure outlined by the Rambam must be followed.
|
| 35. |
Significantly, instead of mentioning the court as being forced to sanctify the month on the wrong day, Rosh HaShanah 25a states "even if they purposefully sanctified the moon on the wrong day" - i.e., they accepted the testimony of witnesses even when they knew that it was flimsy. The Rambam chooses not to mention such an instance, and instead quotes the Mechilta D'Rashbi and the Sifra.
|
| 36. |
Rosh HaShanah 2:10 relates that once Rabbi Yehoshua differed with Rabban Gamliel concerning the acceptance of the testimony of witnesses with regard to Rosh HaShanah. Since Rabban Gamliel was the head of the High Court, his opinion was accepted. To emphasize the importance of following the necessity for uniform adherence to the decisions of the court, Rabban Gamliel ordered Rabbi Yehoshua to appear before him carrying his staff and his wallet on the day that Rabbi Yehoshua thought should be considered as Yom Kippur.
After consulting with his colleagues, Rabbi Yehoshua obeyed Rabban Gamliel's instructions. Afterwards, Rabban Gamliel honored Rabbi Yehoshua for his humility and deference to the court's authority.
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| 37. |
אתם, meaning "which" in the above verse, can also mean "you," when vocalized differently. Thus, the authority of "you," the Jewish court to whom this matter is entrusted, is emphasized more powerfully (Rosh HaShanah, loc. cit.).
|
• Shevat 23, 5775 · 02/12/2015
"Today's Day"
Torah lessons: Chumash: Yitro, Shishi with Rashi.
Tehillim: 108-112.
Tanya: From this the intelligent (p.97)...as will be explained later. (p. 99).
Once, as the Alter Rebbe stepped out of his room, he overheard his wife remarking to several women, "Mine1 says..."
The Rebbe said: "With one mitzva I am yours; with how many are we G-d's!" With these words he fell onto the doorpost in dveikut.2 On "awakening" from the dveikut he said:"Go out and see"3 - to step out of self and perceive the Divine, comes from (the following words in that verse) "daughters of Zion," Malchut arousing z'a.4 The Future will bring the fulfillment of "A valorous woman is her husband's crown."5
FOOTNOTES
1. "Mine" is understood in Yiddish to refer to one's husband or wife.
2. Profound concentration, a communion with the Divine that removes one from physical awareness.
3. Shir Hashirim 3:11.
4. Malchut (lit. "royalty") is the tenth attribute, for which the moon is a metaphor, having no light of its own but reflecting (see "Tzemach Tzedek and Haskala Movement" p. 110, Note 3). Malchut then, is a "feminine" attribute, receiving. Z'a or z'er anpin, the "minor visage," represents the earlier six attributes, starting with chessed, gevura,(kindness, severity) etc. The six act through malchut which makes them effective. The "stepping out of self," negation of ego, and the resultant "perceiving the Divine" are elicited by the "daughters of Zion," the "feminine" aspect, malchut.
5. Mishlei 12:4. While apparently the feminine attribute is recipient, its true status will in the future be revealed as Crown, transcendent, higher than the highest attributes of intellect, as the crown encompasses the head.
Torah lessons: Chumash: Yitro, Shishi with Rashi.
Tehillim: 108-112.
Tanya: From this the intelligent (p.97)...as will be explained later. (p. 99).
Once, as the Alter Rebbe stepped out of his room, he overheard his wife remarking to several women, "Mine1 says..."
The Rebbe said: "With one mitzva I am yours; with how many are we G-d's!" With these words he fell onto the doorpost in dveikut.2 On "awakening" from the dveikut he said:"Go out and see"3 - to step out of self and perceive the Divine, comes from (the following words in that verse) "daughters of Zion," Malchut arousing z'a.4 The Future will bring the fulfillment of "A valorous woman is her husband's crown."5
FOOTNOTES
1. "Mine" is understood in Yiddish to refer to one's husband or wife.
2. Profound concentration, a communion with the Divine that removes one from physical awareness.
3. Shir Hashirim 3:11.
4. Malchut (lit. "royalty") is the tenth attribute, for which the moon is a metaphor, having no light of its own but reflecting (see "Tzemach Tzedek and Haskala Movement" p. 110, Note 3). Malchut then, is a "feminine" attribute, receiving. Z'a or z'er anpin, the "minor visage," represents the earlier six attributes, starting with chessed, gevura,(kindness, severity) etc. The six act through malchut which makes them effective. The "stepping out of self," negation of ego, and the resultant "perceiving the Divine" are elicited by the "daughters of Zion," the "feminine" aspect, malchut.
5. Mishlei 12:4. While apparently the feminine attribute is recipient, its true status will in the future be revealed as Crown, transcendent, higher than the highest attributes of intellect, as the crown encompasses the head.
Daily Thought:
What is Alef?(A Point Above, a Point Below)
What is an Alef?
A point above, a point below, and a line between.
Whatever we may understand of Him
is but an infinitesimal point above.
The only way we can join with Him
is as an infinitesmal point below.
And what empowers us to become this zero-point below
that resonates with the infinite-point above?
Our awe of Him,
a line that connects below to above.[1Hayom Yom, 8 Adar I; 10 Shvat, 5716.]
____________________________
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