Torah Reading
Tetzaveh (Exodus/Parashah 27:20 “You are to order the people of Isra’el to bring you pure oil of pounded olives for the light, and to keep a lamp burning continually. 21 Aharon and his sons are to put it in the tent of meeting, outside the curtain in front of the testimony, and keep it burning from evening until morning before Adonai. This is to be a permanent regulation through all the generations of the people of Isra’el.
28:1 “You are to summon your brother Aharon and his sons to come from among the people of Isra’el to you, so that they can serve me as cohanim — Aharon and his sons Nadav, Avihu, El‘azar and Itamar. 2 You are to make for your brother Aharon garments set apart for serving God, expressing dignity and splendor. 3 Speak to all the craftsmen to whom I have given the spirit of wisdom, and have them make Aharon’s garments to set him apart for me, so that he can serve me in the office of cohen.
4 “The garments they are to make are these: a breastplate, a ritual vest, a robe, a checkered tunic, a turban and a sash. They are to make holy garments for your brother Aharon and his sons, so that he can serve me in the office of cohen. 5 They are to use gold; blue, purple and scarlet yarn; and fine linen.
6 “They are to make the ritual vest of gold, of blue, purple and scarlet yarn, and of finely woven linen, crafted by a skilled artisan. 7 Attached to its front and back edges are to be two shoulder-pieces that can be fastened together. 8 Its decorated belt is to be of the same workmanship and materials — gold; blue, purple and scarlet yarn; and finely woven linen. 9 Take two onyx stones and engrave on them the names of the sons of Isra’el — 10 six of their names on one stone and the six remaining names on the other, in the order of their birth. 11 An engraver should engrave the names of the sons of Isra’el on the two stones as he would engrave a seal. Mount the stones in gold settings, 12 and put the two stones on the shoulder-pieces of the vest as stones calling to mind the sons of Isra’el. Aharon is to carry their names before Adonai on his two shoulders as a reminder.
(ii) 13 “Make gold squares 14 and two chains of pure gold, twisted like cords; attach the cord-like chains to the squares.
15 “Make a breastplate for judging. Have it crafted by a skilled artisan; make it like the work of the ritual vest — make it of gold; blue, purple and scarlet yarn; and finely woven linen. 16 When folded double it is to be square — a hand-span by a hand-span. 17 Put in it settings of stones, four rows of stones: the first row is to be a carnelian, a topaz and an emerald; 18 the second row a green feldspar, a sapphire and a diamond; 19 the third row an orange zircon, an agate and an amethyst; 20 and the fourth row a beryl, an onyx and a jasper. They are to be mounted in their gold settings. 21 The stones will correspond to the names of the twelve sons of Isra’el; they are to be engraved with their names as a seal would be engraved, to represent the twelve tribes.
22 “On the breastplate, make two pure gold chains twisted like cords. 23 Also for the breastplate, make two gold rings; and put the gold rings on the two ends of the breastplate. 24 Put the two twisted gold chains in the two rings at the two ends of the breastplate; 25 attach the other two ends of the twisted chains to the front of the shoulder-pieces of the ritual vest. 26 Make two gold rings and put them on the two ends of the breastplate, at its edge, on the side facing in toward the vest. 27 Also make two gold rings and attach them low on the front part of the vest’s shoulder-pieces, near the join, above the vest’s decorated belt. 28 Then bind the breastplate by its rings to the rings of the vest with a blue cord, so that it can be on the vest’s decorated belt, and so that the breastplate won’t swing loose from the vest. 29 Aharon will carry the names of the sons of Isra’el on the breastplate for judging, over his heart, when he enters the Holy Place, as a continual reminder before Adonai. 30 You are to put the urim and the tumim in the breastplate for judging; they will be over Aharon’s heart when he goes into the presence of Adonai. Thus Aharon will always have the means for making decisions for the people of Isra’el over his heart when he is in the presence of Adonai.
(iii) 31 “You are to make the robe for the ritual vest entirely of blue. 32 It is to have an opening for the head in the middle. Around the opening is to be a border woven like the neck of a coat of mail, so that it won’t tear. 33 On its bottom hem make pomegranates of blue, purple and scarlet; and put them all the way around, with gold bells between them all the way around — 34 gold bell, pomegranate, gold bell, pomegranate, all the way around the hem of the robe. 35 Aharon is to wear it when he ministers, and its sound will be heard whenever he enters the Holy Place before Adonai and when he leaves, so that he won’t die.
36 “You are to make an ornament of pure gold and engrave on it as on a seal, ‘Set apart for Adonai.’ 37 Fasten it to the turban with a blue cord, on the front of the turban, 38 over Aharon’s forehead. Because Aharon bears the guilt for any errors committed by the people of Isra’el in consecrating their holy gifts, this ornament is always to be on his forehead, so that the gifts for Adonai will be accepted by him.
39 “You are to weave the checkered tunic of fine linen, make a turban of fine linen, and make a belt, the work of a weaver in colors. 40 Likewise for Aharon’s sons make tunics, sashes and headgear expressing dignity and splendor. 41 With them clothe your brother Aharon and his sons. Then anoint them, inaugurate them, and consecrate them, so that they will be able to serve me in the office of cohen. 42 Also make for them linen shorts reaching from waist to thigh, to cover their bare flesh. 43 Aharon and his sons are to wear them when they go into the tent of meeting and when they approach the altar to minister in the Holy Place, so that they won’t incur guilt and die. This is to be a perpetual regulation, both for him and for his descendants.
29:1 (iv) “Here is what you are to do to consecrate them for ministry to me in the office of cohen. Take one young bull and two rams without defect, 2 also matzah, matzah cakes mixed with olive oil, and matzah wafers spread with oil — all made from fine wheat flour; 3 put them together in a basket, and present them in the basket, along with the bull and the two rams.
4 “Bring Aharon and his sons to the entrance of the tent of meeting, and wash them with water. 5 Take the garments, and put on Aharon the tunic, the robe for the ritual vest, the vest itself, and the breastplate. Fasten the vest on him with its belt. 6 Put the turban on his head and attach the holy ornament to the turban. 7 Then take the anointing oil, and anoint him by pouring it on his head. 8 Bring his sons; put tunics on them; 9 wrap sashes around them, Aharon and his sons; and put the headgear on their heads. The office of cohen is to be theirs by a permanent regulation. Thus you will consecrate Aharon and his sons.
10 “Bring the young bull to the front of the tent of meeting. Aharon and his sons are to lay their hands on the bull’s head, 11 and you are to slaughter the bull in the presence of Adonai at the entrance to the tent of meeting. 12 Take some of the bull’s blood, and put it on the horns of the altar with your finger; pour out all the rest of the blood at the base of the altar. 13 Take all the fat that covers the inner organs, the covering of the liver and the two kidneys with their fat, and offer them up in smoke on the altar. 14 But the bull’s flesh, skin and dung you are to destroy by fire outside the camp; it is a sin offering.
15 “Take one of the rams: Aharon and his sons are to lay their hands on the ram’s head; 16 and you are to slaughter the ram, take its blood, and splash it on all sides of the altar. 17 Quarter the ram, wash the inner organs and the lower parts of the legs, and put them with the quarters and the head. 18 Then offer up the whole ram in smoke on the altar. It is a burnt offering for Adonai, a pleasing aroma, an offering made to Adonai by fire.
(v) 19 “Take the other ram: Aharon and his sons are to lay their hands on the ram’s head; 20 and you are to slaughter the ram, take some of its blood, and put it on the lobe of Aharon’s right ear, on the lobes of his sons’ right ears, on the thumbs of their right hands and on the big toes of their right feet. Take the rest of the blood and splash it on all sides of the altar. 21 Then take some of the blood that is on the altar and some of the anointing oil, and sprinkle it on Aharon and his clothing and on his sons and the clothing of his sons with him; so that he and his clothing will be consecrated, and with him his sons and his sons’ clothing. 22 Also take the fat from the ram, the fat tail, the fat that covers the inner organs, the two kidneys, the fat covering them and the right thigh — for it is a ram of consecration — 23 along with one loaf of bread, one cake of oiled bread and one wafer from the basket of matzah which is before Adonai — 24 and put it all in the hands of Aharon and his sons. They are to wave them as a wave offering in the presence of Adonai. 25 Then take them back; and burn them up in smoke on the altar, on top of the burnt offering, to be a pleasing aroma before Adonai; it is an offering made to Adonai by fire.
26 “Take the breast of the ram for Aharon’s consecration, and wave it as a wave offering before Adonai; it will be your share. 27 Consecrate the breast of the wave offering and the thigh of any contribution that has been waved and raised up, whether from the ram of consecration, or from anything else meant for Aharon or his sons; 28 this will belong to Aharon and his sons as their share perpetually due from the people of Isra’el — it will be a contribution from the people of Isra’el from their peace offerings, their contribution to Adonai.
29 “The holy garments of Aharon will be used by his sons after him; they will be anointed and consecrated in them. 30 The son who becomes cohen in his place, who comes into the tent of meeting to serve in the Holy Place, is to wear them for seven days. 31 Take the ram of consecration, and boil its meat in a holy place. 32 Aharon and his sons will eat the ram’s meat and the bread in the basket at the entrance to the tent of meeting. 33 They are to eat the things with which atonement was made for them, to inaugurate and consecrate them; no one else may eat this food, because it is holy. 34 If any of the meat for the consecration or any of the bread remains until morning, burn up what remains; it is not to be eaten, because it is holy. 35 Carry out all these orders I have given you concerning Aharon and his sons. You are to spend seven days consecrating them.
36 “Each day, offer a young bull as a sin offering, besides the other offerings of atonement; offer the sin offering on the altar as your atonement for it; then anoint it to consecrate it. 37 Seven days you will make atonement on the altar and consecrate it; thus the altar will be especially holy, and whatever touches the altar will become holy.
(vi) 38 “Now this is what you are to offer on the altar: two lambs a year old, regularly, every day. 39 The one lamb you are to offer in the morning and the other lamb at dusk. 40 With the one lamb offer two quarts of finely ground flour mixed with one quart of oil from pressed olives; along with one quart of wine as a drink offering. 41 The other lamb you are to offer at dusk; do with it as with the morning grain and drink offerings — it will be a pleasing aroma, an offering made to Adonai by fire. 42 Through all your generations this is to be the regular burnt offering at the entrance to the tent of meeting before Adonai. There is where I will meet with you to speak with you. 43 There I will meet with the people of Isra’el; and the place will be consecrated by my glory. 44 I will consecrate the tent of meeting and the altar, likewise I will consecrate Aharon and his sons to serve me in the office of cohen. 45 Then I will live with the people of Isra’el and be their God: 46 they will know that I am Adonai their God, who brought them out of the land of Egypt in order to live with them. I am Adonai their God.
30:1 (vii) “You are to make an altar on which to burn incense; make it of acacia-wood. 2 It is to be eighteen inches square and three feet high; its horns are to be of one piece with it. 3 Overlay it with pure gold — its top, all around its sides, and its horns; and put around it a molding of gold. 4 Make two gold rings for it under its molding at the two corners on both sides; this is where the carrying-poles will go. 5 Make the poles of acacia-wood, and overlay them with gold.
6 “Place it in front of the curtain by the ark for the testimony, in front of the ark-cover that is over the testimony, where I will meet with you. 7 Aharon will burn fragrant incense on it as a pleasing aroma every morning; he is to burn it when he prepares the lamps. (Maftir) 8 Aharon is also to burn it when he lights the lamps at dusk; this is the regular burning of incense before Adonai through all your generations. 9 You are not to offer unauthorized incense on it, or a burnt offering or a grain offering; and you are not to pour a drink offering on it. 10 Aharon is to make atonement on its horns once a year — with the blood of the sin offering of atonement he is to make atonement for it once a year through all your generations; it is especially holy to Adonai.”)
Today's Laws & Customs:• Parshat Zachor
This being the Shabbat before Purim, on which we celebrate the foiling of Haman the Amalekite's plot to destroy the Jewish people, the weekly Parshah is supplemented with the Zachor reading (Deuteronomy 25:17-19) in which we are commanded to remember the evil of Amalek and to eradicate it from the face of the earth.
"Parshat Zachor" is the second of four special readings added during or immediately before the month of Adar (the other three being "Shekalim", "Parah" and "Hachodesh")
Links:
The Zachor Reading with commentary
More on Amalek
Today in Jewish History:
• First Dispute Between Two Schools of Torah Thought (1st century CE)
The schools of Shammai and Hillel for the very first time disagreed regarding a case of Jewish law. This occurred around the turn of the 1st century. In the ensuing generations, the schools argued regarding many different laws, until the law was established according to the teachings of the "House of Hillel" -- with the exception of a few instances. According to tradition, following the arrival of theMoshiach the law will follow the rulings of the House of Shammai.
All throughout, the members of the two schools maintained friendly relations with each other.
Link: Houses of Shammai & Hillel
• Sixth Lubavitcher Rebbe arrives in America (1940)
After a 12-day sea voyage, the previous Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn (1880-1950), disembarked at the New York harbor on the 9th of Adar II of 1940, following his miraculous rescue from Nazi-occupied Warsaw.
Link: Vintage film clip of the Rebbe's arrival in NY, March 19, 1940; more aboutRabbi Yosef Yitzchak of Lubavitch.
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 7th Portion Exodus 30:1-30:10 with Rashi
• Chapter 30
1You shall make an altar for bringing incense up in smoke; you shall make it out of acacia wood. אוְעָשִׂיתָ מִזְבֵּחַ מִקְטַר קְטֹרֶת עֲצֵי שִׁטִּים תַּעֲשֶׂה אֹתוֹ:
for bringing incense up in smoke: Heb. מִקְטַר קְטֹרֶת, to raise smoke up on it, namely the smoke of incense. מקטר קטרת: להעלות עליו קטור עשן סמים:
2It shall be one cubit long and one cubit wide, a square, and two cubits high; its horns shall be [one piece] with it. באַמָּה אָרְכּוֹ וְאַמָּה רָחְבּוֹ רָבוּעַ יִהְיֶה וְאַמָּתַיִם קֹמָתוֹ מִמֶּנּוּ קַרְנֹתָיו:
3You shall overlay it with pure gold, its top, its walls all around, and its horns; and you shall make for it a golden crown all around. גוְצִפִּיתָ אֹתוֹ זָהָב טָהוֹר אֶת גַּגּוֹ וְאֶת קִירֹתָיו סָבִיב וְאֶת קַרְנֹתָיו וְעָשִׂיתָ לּוֹ זֵר זָהָב סָבִיב:
its top: This one [altar] had a top. The altar for burnt offerings [i.e., the copper altar], however, did not have a top, but the hollow space within it was filled with earth whenever they camped. את גגו: זה היה לו גג, אבל מזבח העולה לא היה לו גג, אלא ממלאים חללו אדמה בכל חנייתן:
a golden crown: This symbolized the crown of the kehunah. זר זהב: סימן הוא לכתר כהונה:
4You shall make two golden rings for it underneath its crown on its two corners, you shall make [them] on its two sides, so that it should serve as holders for poles with which to carry it. דוּשְׁתֵּי טַבְּעֹת זָהָב תַּעֲשֶׂה לּוֹ | מִתַּחַת לְזֵרוֹ עַל שְׁתֵּי צַלְעֹתָיו תַּעֲשֶׂה עַל שְׁנֵי צִדָּיו וְהָיָה לְבָתִּים לְבַדִּים לָשֵׂאת אֹתוֹ בָּהֵמָּה:
its… corners: Heb. צַלְעֹתָיו. Here it is a term meaning corners, as the Targum [Onkelos] renders, [unlike in Exod. 25:12, 26:20, 26, 27, where צֶלַע means a side,] because it says [further in the verse]: “on its two sides,” [meaning] on its two corners that are on its two sides. צלעותיו: כאן הוא לשון זויות, כתרגומו, לפי שנאמר על שני צדיו, על שתי זויותיו שבשני צדיו:
it should serve: Heb. וְהָיָה, lit., and it shall be [in the singular, referring to] the making of these rings. והיה: מעשה הטבעות האלה:
as holders for the poles: The ring [itself] shall be a holder for a pole. לבתים לבדים: לכל בית תהיה הטבעת לבד:
5You shall make the poles out of acacia wood and overlay them with gold. הוְעָשִׂיתָ אֶת הַבַּדִּים עֲצֵי שִׁטִּים וְצִפִּיתָ אֹתָם זָהָב:
6And you shall place it in front of the dividing curtain, which is upon the Ark of Testimony, in front of the ark cover, which is upon the testimony, where I will arrange to meet with you. ווְנָתַתָּה אֹתוֹ לִפְנֵי הַפָּרֹכֶת אֲשֶׁר עַל אֲרֹן הָעֵדֻת לִפְנֵי הַכַּפֹּרֶת אֲשֶׁר עַל הָעֵדֻת אֲשֶׁר אִוָּעֵד לְךָ שָׁמָּה:
in front of the dividing curtain: Perhaps you will say [that the altar should be] removed or at a distance opposite the ark, either to the north or to the south. Therefore, the Torah says: “in front of the ark cover,” meaning directly opposite the ark on the outside [of the Holy of Holies]. -[from Baraitha Melecheth HaMishkan, ch. 4,] לפני הפרכת: שמא תאמר משוך מכנגד הארון לצפון או לדרום, תלמוד לומר לפני הכפרת, מכוון כנגד הארון מבחוץ:
7Aaron shall make incense of spices go up in smoke upon it; every morning when he sets the lamps in order, he shall make it go up in smoke. זוְהִקְטִיר עָלָיו אַהֲרֹן קְטֹרֶת סַמִּים בַּבֹּקֶר בַּבֹּקֶר בְּהֵיטִיבוֹ אֶת הַנֵּרֹת יַקְטִירֶנָּה:
when he sets… in order: Heb. בְּהֵיטִיבוֹ, a word referring to the cleaning of the cups of the menorah from the ashes of the wicks that burned at night. He would clean them every morning. בהיטיבו: לשון נקוי הבזיכין של המנורה מדשן הפתילות שנשרפו בלילה, והיה מטיבן בכל בקר ובקר:
the lamps: Heb. הַנֵּרֹת. luzes, lozes, luses, luces in Old French, [i.e.,] lamps. This is true of all נֵרוֹת mentioned in the context of the menorah, except where הַעִלָאָה, which is an expression of kindling, is mentioned. הנרות: לוצי"ש בלעז [מנורות] וכן כל נרות האמורות במנורה, חוץ ממקום שנאמר שם העלאה, שהוא לשון הדלקה:
8And when Aaron kindles the lights in the afternoon, he shall make it go up in smoke, continual incense before the Lord for your generations. חוּבְהַעֲלֹת אַהֲרֹן אֶת הַנֵּרֹת בֵּין הָעַרְבַּיִם יַקְטִירֶנָּה קְטֹרֶת תָּמִיד לִפְנֵי יְהֹוָה לְדֹרֹתֵיכֶם:
And when… kindles: Heb. וּבְהַעִלֹת, lit., and when… causes to ascend. When he will kindle them to cause their flame to ascend. ובהעלות: כשידליקם להעלות להבתן:
he shall make it go up in smoke: Every day, one pras in the morning and [one] pras in the afternoon. -[from Ker. 6b] יקטירנה: בכל יום פרס מקטיר שחרית ופרס מקטיר בין הערבים:
9You shall offer up on it no alien incense, burnt offering, or meal offering, and you shall pour no libation upon it. טלֹא תַעֲלוּ עָלָיו קְטֹרֶת זָרָה וְעֹלָה וּמִנְחָה וְנֵסֶךְ לֹא תִסְּכוּ עָלָיו:
You shall offer up on it: On this [golden] altar. לא תעלו עליו: על מזבח זה:
alien incense: Any donated incense; they are all alien except for this one. -[from Men. 50a, b] קטרת זרה: שום קטורת של נדבה. כולן זרות לו חוץ מזו:
burnt offering, or meal offering: Neither burnt offerings nor meal offerings. A burnt offering is one of an animal or fowl. A meal offering is one of bread. ועולה ומנחה: ולא עולה ומנחה, עולה של בהמה ועוף, ומנחה היא של מין לחם:
10But Aaron shall make atonement upon its horns once a year; with the blood of the sin offering of the atonements, once a year he shall effect atonement upon it for your generations; it is a holy of holies to the Lord. יוְכִפֶּר אַהֲרֹן עַל קַרְנֹתָיו אַחַת בַּשָּׁנָה מִדַּם חַטַּאת הַכִּפֻּרִים אַחַת בַּשָּׁנָה יְכַפֵּר עָלָיו לְדֹרֹתֵיכֶם קֹדֶשׁ קָדָשִׁים הוּא לַיהֹוָה:
But Aaron shall make atonement: [This refers to] applications of blood [on the horns of the altar]. וכפר אהרן: מתן דמים:
once a year: On Yom Kippur. This is what is stated in [parshath] “Acharei Moth” : “And he shall go out to the altar that is before the Lord and make atonement upon it” (Lev. 16:18). אחת בשנה: ביום הכפורים, הוא שנאמר באחרי מות (ויקרא טז יח) ויצא אל המזבח אשר לפני ה' וכפר עליו:
the sin offering of the atonements: They are the bull and the kid of Yom Kippur, which atone for ritual contamination regarding the sanctuary and its holy things. -[from Shevuoth 2b] חטאת הכפורים: הם פר ושעיר של יום הכפורים המכפרים על טומאת מקדש וקדשיו:
a holy of holies: Heb. קֹדֶשׁ-קָדָשִׁים. The altar is sanctified for these things only, and for no other service. קדש קדשים: המזבח מקודש לדברים הללו בלבד ולא לעבודת אחרת:
Daily Tehillim: Psalms Chapters 49 - 54
Chapter 49
• Lessons in Tanya
• Shabbat, Adar 9, 5775 · February 28, 2015
Rambam:
• Sefer Hamitzvos:
Shabbat. Adar 9, 5775 · February 28, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 212
Reproduction
"Be fruitful and multiply"—Genesis 1:28.
We are commanded to reproduce in order to perpetuate the human species. For this reason, a groom on the night of his wedding is exempt from the biblical obligation to recite the Shema, for his mind is presumably preoccupied with the impending mitzvah that he will perform.
This mitzvah is only mandatory for males.
• 1 Chapter: Tefilah and Birkat Kohanim Tefilah and Birkat Kohanim - Chapter Fourteen
• 3 Chapters: Ishut Ishut - Chapter Twenty, Ishut Ishut - Chapter Twenty One, Ishut Ishut - Chapter Twenty Two
• Shabbat, Adar 9, 5775 · 02/28/2015
"Today's Day"
Torah lessons: Chumash: Tetzaveh, first parsha with Rashi.
Tehillim: 49-54.
Tanya: Ch. 29. There is yet (p. 123)...coarseness and crassness. (p. 125).
When someone walks the street and thinks words of Mishna or Tanya, or sits in his store with a Chumash or Tehillim - that is more valued today than it was when the streets were bright with the light of Torah. We must not go about in the street with a vacant heart.1 We must have some Torah memorized, to take with us into the street.
Torah lessons: Chumash: Vayikra, Shlishi with Rashi.
Tehillim: 49-54.
Tanya: For this purpose (p. 165)...of blessed memory. (p. 165).
In the b'racha Borei nefashot (p. 95), say al kol ma shebarata, "kol" with a cholam, not a kamatz.
The intense longing to be bound closely1 (to a Rebbe) can be satisfied only by learning maamarim of Chassidus which the Rebbe delivers as oral discourses and writes down; simply seeing him2 is not enough.
FOOTNOTES
*. On this day, in 5700 (1940), the Previous Rebbe o.b.m. arrived in the U.S.A. "The day marks the essential beginning of the 'dissemination of the wellsprings (of chassidus) to the outside' in this lower hemisphere"; a quotation - according to the memory of a listener - from the Rebbe of righteous memory, from a sicha of Shabbat Parshat Tetzaveh, 5745 (1985), in which the great significance and import of the day is explained at length.
1. See Sivan 24.
2. Lit. "Beholding his face."
Chapter 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot redeem his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they study, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
Tanya: Likutei Amarim, beginning of Chapter 32• Lessons in Tanya
• Shabbat, Adar 9, 5775 · February 28, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 32
In the previous chapter the Alter Rebbe taught that when one is bitterly remorseful over his sorry spiritual state, he must strive for joy by considering the following. True, on account of his body and his animal soul he is utterly remote from G‑dliness. Yet he has within him a divine soul, veritably a part of G‑d. This soul, in exile within the body and the animal soul, is to be greatly pitied. One should therefore strive constantly to release it from this exile and to return it to its divine source, through engaging in the Torah and the mitzvot. Such a return will bring one great joy, the joy of freedom. The knowledge that the body and the animal soul remain in their unfortunate state should not disturb one’s joy on account of his divine soul, for the soul should be infinitely more precious in one’s eyes.
והנה על ידי קיום הדברים הנ״ל, להיות גופו נבזה ונמאס בעיניו, רק שמחתו תהיה שמחת הנפש לבדה
Acting on the advice mentioned above — to view one’s body with scorn and contempt, and to find joy in the joy of the soul alone —
הרי זו דרך ישרה וקלה לבא לידי קיום מצות ואהבת לרעך כמוך, לכל נפש מישראל למגדול ועד קטן
is a direct and easy path toward fulfilling the mitzvah,1 “You shall love your fellow as yourself,” with regard to every Jew both great and small — in spiritual stature.
כי מאחר שגופו נמאס ומתועב אצלו, והנפש והרוח, מי יודע גדולתן ומעלתן בשרשן ומקורן באלקים חיים
Since his body is despised and loathsome he will not love himself on account of his body more than he loves his fellow; and as for the soul and spirit, the differences between his own soul and that of his fellow surely will not diminish the love between them, for who can know their (the soul and spirit’s) greatness and excellence in their source and root — the living G‑d
How, then, can one claim that his soul is superior to his fellow’s
בשגם שכולן מתאימות, ואב אחד לכולנה
Furthermore, they are actually all equal; 2 and not only equal yet separate, but, furthermore, they all have one father — one source, and within their source they all comprise one entity.
ולכן נקראו כל ישראל אחים ממש מצד שורש נפשם בה׳ אחד
It is on account of this common root in the One G‑d that all of Israel are called “brothers” — in the full sense of the word, and not only figuratively, in the sense of “relatives” or “similar in appearance” and the like; 3
רק שהגופים מחולקים
only the bodies are distinct from each other.
This explains how it is at all possible to demand that one love his fellow as he loves himself. Self-love is innate, natural to man; love for one’s fellow is not. How can a generated love match a natural one
According to the principle stated here, this is readily understood. One Jew need not create a love for another. The love is an inborn characteristic of his soul, on account of its root in G‑dliness which is common to all souls; it is as natural as the love between brothers.
ולכן העושים גופם עיקר ונפשם טפלה אי אפשר להיות אהבה ואחוה אמיתית ביניהם אלא התלויה בדבר לבדה
Therefore, there can be no true love and fraternity between those who regard their bodies as primary and their souls secondary, but only a love based on an external factor.
Since the body separates us from each other, whereas the soul is that which binds us together, the greater value one places on his body at the expense of his soul, the more conscious he is of the differences between himself and his fellow. These differences require that he create a love for his fellow, and as said above, a created love can never equal a natural, innate love. Therefore, love between people who consider their bodies as primarily important, must be only a love based on some external factor, in which case the love is (a) limited to the importance of the motivating factor, and (b) destined to endure only as long as that factor is valid.
* * *
Up to now the Alter Rebbe has discussed the mitzvah of loving one’s fellow, on its own merits. He now proceeds to discuss the value of this mitzvah as the basis for all the commandments, thereby elucidating yet further the importance of “rejoicing with the joy of the soul alone.”
The Talmud relates that it was Hillel the Elder who authored the well-known statement thatahavat Yisrael (the love of one’s fellow Jew) is the basis of the entire Torah. For Hillel had been approached by a gentile who declared that he wished to convert to Judaism, but only if Hillel would teach him the entire Torah while he stood on one foot. Hillel replied, “What is hateful to you, do not do to your fellow. That is the whole Torah; the rest is but commentary...
An obvious difficulty presents itself. All mitzvot fall into either of two categories: (a) bein adam lachaveiro — “between man and man,” and (b) bein adam laMakom — “between man and G‑d.”
It is readily understood how all the mitzvot of the former category may be motivated by one’s love of his fellow. But how can this love motivate one to fulfill any of the mitzvotbelonging to the latter category — to observe the Sabbath, for example
The Alter Rebbe’s answer follows from his previously stated principle that the essence ofahavat Yisrael lies in giving priority to one’s soul rather than to his body. This indeed is the basis of the entire Torah — as the Alter Rebbe continues:
וזהו שאמר הלל הזקן על קיום מצוה זו: זהו כל התורה כולה, ואידך פירושא הוא וכו׳
This explains Hillel the Elder’s statement concerning the fulfillment of thismitzvah:4 “This is the entire Torah, the rest is but commentary.”
כי יסוד ושורש כל התורה הוא להגביה ולהעלות הנפש על הגוף מעלה מעלה עד עיקרא ושרשא דכל עלמין
For the basis and root purpose of the entire Torah is to elevate and exalt the soul high above the body, to [G‑d], the root and source of all worlds,
וגם להמשיך אור אין סוף ברוך הוא בכנסת ישראל, כמו שכתוב לקמן, דהיינו, במקור נשמות כל ישראל, למהוי אחד באחד דוקא
and also to draw down the infinite light of Ein Sof into the Community of Israel — as will be explained further, 5 meaning into the fountainhead of the souls of all Israel, so that “the One [G‑d] will reside within [Israel — but only insofar as they are] one,” i.e., united.
ולא כשיש פירוד חס ושלום בנשמות, דקודשא בריך הוא לא שריא באתר פגים
But this indwelling of the light of Ein Sof in the Community of Israel is impossible if there is disunity between the souls, G‑d forbid, for “G‑d does not dwell in an imperfect, fragmented, place.” 6
וכמו שכתוב: ברכנו אבינו כולנו כאחד באור פניך, וכמו שכתוב במקום אחר באריכות
So do we say in our prayers: 7 “Bless us, our Father, all as one with the light of Your Countenance,” indicating that “the light of G‑d’s Countenance” can be revealed only when we are united “all as one,” as explained elsewhere at length.
Since every Jew has a divine soul, and since the commandment to love one’s fellow is based on the essential unity of the souls, it follows that this commandment applies to every Jew without exception. In fact, however, we find the Talmud exhorting us to hate certain fellow Jews. How do we reconcile these apparently contradictory requirements
The Alter Rebbe proceeds to clarify:
| FOOTNOTES | |
| 1. | Vayikra 19:18. |
| 2. | Note the discrepancy: In speaking of the souls of Israel in general, the Alter Rebbe first writes, "Who can know `[can distinguish]' their greatness and excellence?", implying that there are in fact differences between one soul and another; here he writes, "They actually are all equal." The explanation: As discussed in chapter 2, the original source of all souls is the Sefirah ofChochmah in the World of Atzilut. On this level, all the souls are indeed one entity. This is indicated in the words, "They all have one father" - "father" (Abba) being the kabbalisitic term for Chochmah. From this source, the souls progress downward through the variousSefirot and Worlds. It is this descent that creates differences between souls; one soul is more strongly affected by the descent, and another less so. The first stage in this descent is the Sefirah of Binah in the World of Atzilut; thus, it is at the level of Binah that the differences between souls first appear. This is alluded to in the words, "Who can know their greatness and excellence in their source and root - the living G-d?"; in kabbalistic terminology, "the living G-d" is a reference to the level of Binah in the World of Atzilut. Speaking of the souls at this level, the Alter Rebbe therefore says that feeling superior to one's fellow is unjustified, because "who can know their greatness and excellence...?" There are indeed differences between souls - but who knows them? When speaking of the souls having "one father," however, he writes that "they are all equal." |
| 3. | From a note by the Rebbe. (The two alternative meanings of "brothers" appear in the commentary of Rashi on Bereishit 13:8.) |
| 4. | Shabbat 31a. |
| 5. | Ch. 41. |
| 6. | Cf. Zohar I, 216b. |
| 7. | Liturgy, final blessing in the Amidah. |
• Sefer Hamitzvos:
Shabbat. Adar 9, 5775 · February 28, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 212
Reproduction
"Be fruitful and multiply"—Genesis 1:28.
We are commanded to reproduce in order to perpetuate the human species. For this reason, a groom on the night of his wedding is exempt from the biblical obligation to recite the Shema, for his mind is presumably preoccupied with the impending mitzvah that he will perform.
This mitzvah is only mandatory for males.
Reproduction
Positive Commandment 212
Translated by Berel Bell
The 212th mitzvah is that we are commanded to be fruitful and to multiply, and to have the intention of perpetuating the species. This is known as the mitzvah of pirya v'rivya (be fruitful and multiply).
The source of this commandment is G‑d's statement1 (exalted be He), "Be fruitful and multiply."
Our Sages2 have explained that a groom who has wed a virgin is exempt from the mitzvah of reciting the Shema3 [before consummating the marriage]; and have given the reason that he is "occupied with a mitzvah."4
The details of this mitzvah and its oblibations are found in the sixth chapter of Yevamos.5
Women are exempt from this mitzvah, as our Sages said explicitly,6 "Men have the obligation to be fruitful and multiply, not women."7
FOOTNOTES
1.Gen. 1:28. 9:7. See Heller, note 6. Kapach 5731, note 6.
2.. Berachos 16a.
3.See P10.
4.From this expression, we see that this is a mitzvah, and therefore is included in the count of 613.
5.61b.
6.Yevamos 65b.
7.Although women are not obligated in this mitzvah, when they bear children, they nevertheless receive the special reward associated with this special mitzvah just as the man. See Ran, Kiddushin, Ch. 2.; Likkutei Sichos, 8:214. 14:41-42.
Tefilah and Birkat Kohanim - Chapter Fourteen
Halacha 1
In the morning, Musaf, and Ne'ilah services, the priests recite the priestly blessing. They do not recite the priestly blessing in the Minchah service, because, by the time of the Minchah service, all the people have eaten. The possibility exists that the priests would have drunken wine, and it is forbidden to recite the priestly blessing while intoxicated.
Even on a fast day, the priestly blessings are not recited during the Minchahservice. This decree [was instituted,] lest [people fail to differentiate between] the Minchah service of a fast day and the Minchah service of an ordinary day.
Halacha 2
When does the above apply? On fast days when both Minchah and Ne'ilah are recited - i.e., Yom Kippur and communal fasts [declared because of distress]. However, on a fast day on which Ne'ilah is not recited - e.g., Tish'ah B'Av or the seventeenth of Tammuz - since the Minchah service is recited close to sunset, it resembles Ne'ilah and will not be confused with an ordinary Minchah service. Therefore, the priestly blessing is recited during it.
If a priest transgressed and ascended to the platform during the Minchahservice of Yom Kippur, since it is known that there is no possibility of drunkenness on that day, he may recite the priestly blessing, and he is not required to descend because of the suspicion [that might be aroused], so that people do not say, "He is of blemished lineage. Therefore, they forced him to descend."
Halacha 3
How is the priestly blessing recited outside the Temple? When the leader of the congregation reaches the blessing R'tzey, when he recites the word R'tzey all the priests in the synagogue leave their places, proceed forward, and ascend the duchan.
They stand there, facing the heichal, with their backs to the congregation. They hold their fingers closed, against their palms, until the leader of the congregation completes the blessing Modim. [Then,] they turn their faces to the people, spread out their fingers, lift up their hands shoulder high, and begin reciting, Y'varechecha....
The leader of the congregation reads [the blessing] to them, word for word, and they respond after him [as can be inferred from Numbers 6:23: "This is how you should bless the children of Israel:] 'Say to them...;’” [i.e., the priests do not bless until one] "says to them."
When [the priests] conclude the first verse, all the people answer "Amen." The leader of the congregation reads [the priests] the second verse, word for word, and they respond after him until they complete the second verse. The people respond "Amen." The same applies regarding the third verse.
Halacha 4
When the priests conclude the recitation of [these] three verses, the leader of the congregation begins the final blessing of the Shemoneh Esreh, Sim shalom. The priests turn their faces to the ark and close their fingers. They remain standing on the duchan until the leader of the congregation concludes the blessing, [and then] return to their places.
Halacha 5
The person who calls the priests is not permitted to call to the priests until the Amen of the community is no longer heard. The priests are not permitted to begin reciting the blessing until the statement of the person who calls the priests is no longer heard.
The congregation should not respond "Amen" until the blessing of the priests is no longer heard. The priests may not begin another blessing until the Amen of the community is no longer heard.
The leader of the congregation is not allowed to recite Amen to the priests' blessings like the rest of the people, lest he become confused and not realize which blessing to recite to them, whether the second blessing or the third blessing.
Halacha 6
The priests are not permitted to turn their faces away from the congregation until the leader of the congregation begins [the blessing] Sim shalom. Neither may the priests leave their places until the leader of the congregation concludes [the blessing] Sim shalom, nor may they close their fingers until they turn their faces from the community.
One of the measures ordained by Ezra is that the priests should not ascend to the duchan wearing sandals. Rather, they should stand barefoot.
Halacha 7
When the priests bless the people, they should not look at them or divert their attention. Rather, their eyes should be directed towards the earth like one standing in prayer.
A person should not look at the priests' faces while they are blessing the people, lest they divert their attention. Rather, all the people should listen attentively to the blessing; they should [stand] face to face with the priests, without looking at their faces.
Halacha 8
If only one priest is blessing the people, he should begin reciting the blessing alone. [Afterwards,] the leader of the congregation reads [the blessings] to him, word for word, as mentioned.
If there are two or more [priests blessing the people], they do not begin reciting the blessing until the leader of the congregation calls them, saying "Kohanim." They answer and respond Y'varechecha, and then he reads [the blessings] to them, word for word, in the manner described above.
Halacha 9
How is the priestly blessing recited in the Temple? The priests ascend to theduchan after the priests have completed the service associated with the morning sacrifice offered daily. They lift their hands above their heads with their fingers extended, except the High Priest. He does not lift his hands above thetzitz.
One person reads [the blessings] to them, word for word, in the same manner as outside the Temple, until they complete the three verses. The people do not respond ["Amen"] after each verse. Instead, in the Temple, [the priestly blessings] are read as a single blessing. When [the priests] conclude, all the people respond, "Blessed be God, the Lord, the Lord of Israel to all eternity."
Halacha 10
They recite [God's] name - i.e., the name י-ה-ו-ה , as it is written. This is what is referred to as the "explicit name" in all sources. In the country, it is read [using another one of God's names]: אדני, for only in the Temple is this name [of God] recited as it is written.
After Shimon HaTzaddik died, the priests ceased reciting the [priestly] blessing using God's explicit name even in the Temple, lest it be learned by a person lacking proper stature and moral conduct. The Sages of the early generations would teach [this name] once in seven years, only to their students and sons [who had proven] their moral conduct. All this is in reverence for His great and awesome name.
Halacha 11
Wherever the priestly blessing is recited, it is recited only in the holy tongue, as [implied by Numbers 6:23]: "This is how you should bless the children of Israel."
We have learned the following [instructions] from the tradition [passed on] from Moses, our teacher, may he rest in peace:
"This is how you should bless" - while standing.
"This is how you should bless" - raising your hands.
"This is how you should bless" - in the holy tongue.
"This is how you should bless" - face to face.
"This is how you should bless" - in a loud voice.
"This is how you should bless" - mentioning [God's] explicit name; the latter [applying only] when one is in the Temple, as explained.
"This is how you should bless" - raising your hands.
"This is how you should bless" - in the holy tongue.
"This is how you should bless" - face to face.
"This is how you should bless" - in a loud voice.
"This is how you should bless" - mentioning [God's] explicit name; the latter [applying only] when one is in the Temple, as explained.
Halacha 12
Wherever [they recite the blessing], the priests are not permitted to add other blessings - e.g., "May God, Lord of your fathers, increase your numbers a thousandfold" (Deuteronomy 11:11) - in addition to the three verses [of the priestly blessing]. [These additions may not be made] either silently or out loud, as [Deuteronomy 4:2] states: "Do not add to the matter."
While a priest is ascending to the duchan, he recites [the following prayer] when he leaves his place to ascend:
May it be Your will, God, our Lord and Lord of our fathers, that this blessing which You have commanded us to bless Your people, Israel, be a perfect blessing, that it not be marred by obstacles or iniquity, from now until eternity.
Before he turns to bless the community, [a priest] should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with the holiness of Aharon, and commanded us to bless His people Israel with love.
Afterwards, he turns his face to the community and begins reciting the priestly blessings. When he turns his face from the community after completing [the recitation] of the blessings, he recites [the following]:
We have carried out that which You have decreed upon us. Deal with us as You have promised us: Look down from Your abode, from the heavens, and bless Your people, Israel.
Halacha 13
When the priests turn their faces to the community to bless them, and when they turn their faces from the community after blessing [them], they should turn only to the right. Similarly, any turns which a person makes should always be to the right.
Halacha 14
In the Temple, the priestly blessing would be recited once a day, after the [offering of] the morning sacrifice. [The priests] come and stand on the steps to the Ulam and recite the blessing, as mentioned above. However, outside the Temple, it is recited after every prayer service, except Minchah, as explained.
In all places, an effort is made that the person who reads the blessing to the priests should be an Israelite, as [implied by Numbers 6:23]: "Say to them." This implies that the one who reads the blessing to them is not one of them.
Commentary Halacha 1
In the morning, Musaf, and Ne'ilah services - In Sefer HaMitzvot (Positive Commandment 26), the Rambam writes that the mitzvah is for the priests to bless the people "every day." The Sages extended the scope of the requirement and obligated the priests to bless the people in all the above services (Ta'anit 26b).
The Ramah (Orach Chayim 128:44) writes:
It is customary in these countries to recite the priestly blessing only on holidays, when people are in festive and joyous spirits...
In contrast, on other days - even on Sabbaths - [the priests] are disturbed, worrying about earning a livelihood and the delay of work.
Even on holidays, the priestly blessing is recited only in the Musaf service, directly before the people leave the synagogue and rejoice in the holiday festivities.
In contrast, on other days - even on Sabbaths - [the priests] are disturbed, worrying about earning a livelihood and the delay of work.
Even on holidays, the priestly blessing is recited only in the Musaf service, directly before the people leave the synagogue and rejoice in the holiday festivities.
The Ramah's decision is based on the view that the priestly blessings must be recited with feelings of joy and goodwill, and if those feelings cannot be aroused (see Zohar III 147a), it is proper that the blessing not be recited. Though the Ashkenazic community follows his view, in Egypt and in Eretz Yisrael the priests have always fulfilled the mitzvah of blessing the people every day. Many Ashkenazic authorities, among them Rav Shneur Zalman of Liadi and Rav Shlomo Kluger, desired to introduce this practice in the Ashkenazic community. However, they were not successful in doing so.
the priests - The Minchat Chinuch states, in the name of the Sefer HaCharedim, that just as it is a mitzvah for the priests to bless the people, it is a mitzvah for the people to be blessed. The Hafla'ah (Ketubot 24b) draws a parallel to the mitzvah of Yibbum which is incumbent on both the man and woman involved.
recite - Sefer HaMitzvot (loc. cit.) and Sefer HaChinuch (Mitzvah 278) include this as one of the Torah's 613 mitzvot.
the priestly blessing. - Our translation of Nesiat Kapayim as "recite the priestly blessing" is not literal. The words actually mean "raise their hands," referring to the way the priests hold their hands while reciting these blessings, as mentioned in Halachah 3.
They do not recite the priestly blessing in the Minchah service, because, by the time of the Minchah service, all the people have eaten. - Here, we see an example of how a Rabbinic decree can prevent the fulfillment of a Torah commandment.
The possibility exists that the priests would have drunken wine, and it is forbidden to recite the priestly blessing while intoxicated. - Deuteronomy 10:8 describes how God designated the tribe of Levi "to stand before God, to serve Him and offer blessing in His name," establishing a equation between service in the Temple and the recitation of the priestly blessing. Accordingly, just as a priest is forbidden to serve in the Temple while intoxicated (Leviticus 10:9), he is also forbidden to recite the priestly blessings in such a state (Ta'anit, loc. cit.).
Even on a fast day - when there is no suspicion that the priests are drunk
the priestly blessings are not recited during the Minchah service. - See the following halachah for clarification.
This decree [was instituted,] lest [people fail to differentiate between] theMinchah service of a fast day and the Minchah service of an ordinary day. - Ta'anit (loc. cit.) records a difference of opinion on this question among the Sages. All the Sages agree that the priestly blessing is not recited during an ordinary Minchah. However, Rabbi Meir requires the priestly blessing to be recited on a fast day. On the other hand, Rabbi Yosse follows the view quoted by the Rambam. His position is accepted by the other Halachic authorities as well.
Commentary Halacha 2
When does the above apply? On fast days when both Minchah and Ne'ilah are recited - See Chapter 1, Halachah 7.
i.e., Yom Kippur and communal fasts [declared because of distress]. - SeeTa'anit 1:4-7 and Hilchot Ta'aniot, Chapter 2, which describe the situations which warrant the declaration of a communal fast.
However, on a fast day on which Ne'ilah is not recited - e.g., Tish'ah B'Av or the seventeenth of Tammuz - i.e., fasts instituted to commemorate tragic events in our national history. These days are associated primarily with mourning. In contrast, the other fasts are days when we increase our supplication in an effort to evoke Divine mercy. For this reason, the Sages instituted the Ne'ilah prayer on these days alone (Beit Yosef, Orach Chayim579).
since the Minchah service is recited close to sunset, it resembles Ne'ilah - See Chapter 3, Halachah 6, which states: "The proper time of the Ne'ilahprayer is such that one completes it close to sunset."
and will not be confused with an ordinary Minchah service. - which is generally recited in the early afternoon, to afford people the opportunity to eat afterwards, since it is forbidden to eat a meal in the afternoon before recitingMinchah (Tosafot, Ta'anit, loc. cit.).
Therefore, the priestly blessing is recited during it. - Similarly, in Ashkenazic communities, when the priests do not recite the priestly blessings every day, the chazan should recite the blessing in his repetition of theShemoneh Esreh.
If a priest transgressed and ascended to the platform during the Minchahservice of Yom Kippur, since it is known that there is no possibility of drunkenness on that day, he may recite the priestly blessing - Because of this decision, in Ashkenazic communities the chazan recites the priestly blessings in his repetition of the Shemoneh Esreh during these days (Hagahot Ma'amoniot).
and he is not required to descend because of the suspicion [that might be aroused], so that people do not say, "He is of blemished lineage. Therefore, they forced him to descend." - i.e., it is feared that the people will suspect that his mother was a divorcee, and he is thus not able to serve as a priest.
Commentary Halacha 3
How is the priestly blessing recited outside the Temple? - i.e., in the synagogue prayer services. The recitation of the priestly blessing in the Temple is discussed in Halachah 9.
When the leader of the congregation reaches the blessing, R'tzey, when he recites the word R'tzey, all the priests in the synagogue leave their places - Sotah 38b states: "Any priest who does not ascend during the blessingR'tzey may not ascend afterwards. Later, the Talmud qualifies this statement to mean that a priest must leave his place in the synagogue during the blessingR'tzey.
proceed forward - reciting the short prayer mentioned in Halachah 12.
and ascend the duchan. - The term duchan refers to the steps before theheichal. (See the Rambam's Commentary on the Mishnah, Berachot 5:4.) This term has become associated with the recitation of the priestly blessing to the extent that reciting the blessing is often popularly referred to as duchaning.
In a synagogue where there are no steps before the ark, the priests still recite the blessings while standing before the ark.
They stand there, facing the heichal - the permanent ark; Chapter 11, Halachah 2.
with their backs to the congregation. They hold their fingers closed, against their palms - The Mishnah Berurah explains that the priests are not required to close their hands. The Rambam is merely clarifying that, at this point, they are not obligated to spread their hands, as they do when they bless the people.
until the leader of the congregation completes the blessing Modim. - The priestly blessing is recited at this point in the repetition of the Shemoneh Esreh, as the preface to the blessing praising God for granting peace to our people.
[Then,] - they recite the blessing mentioned in Halachah 12, and
they turn - turning to the right (see Halachah 13).
their faces to the people - so the blessing will be recited face to face, as required by Halachah 11.
spread out their fingers - On the verse (Song of Songs 2:9), "peeking through the windows," Shir HaShirim Rabbah comments that the Divine Presence peeks through the windows between the priests' fingers. In particular, the Sages note that the word "the windows" (החרכים) can be broken up as follows: ה חרכים - "five windows," alluding to the unique manner in which the priests hold their hands while reciting the priestly blessing.
lift up their hands - Sotah 38a derives the obligation of the priests to raise their hands from Leviticus 9:22: "Aharon lifted his hands toward the people and blessed them."
shoulder high - Compare to the practice in the Temple mentioned in Halachah 9.
and begin, reciting y'varechecha... - This statement has raised questions among the commentaries. The Kiryat Sefer explains that the priests reciteY'varechecha - the first word of the priestly blessings - directly after concluding the blessing (see Halachah 12) recited before blessing the people, without being prompted by the reader. They take the initiative, so that an interruption is not made between the recitation of the blessing before the performance of a mitzvah and its actual performance.
Study of the Rambam's Commentary on the Mishnah (Berachot, loc. cit.) shows that the Rambam himself had questions about this matter. In the first manuscripts, the Rambam writes that "the leader of the congregation recitesY'varechecha, and the priests read after him." This is also the reading in the popularly published edition of that text. However, in the later manuscripts of the Commentary on the Mishnah (see Rav Kapach's edition of that text), the Rambam changes his mind and states that the priests begin recitingy'varechecha.
In his Beit Yosef (Orach Chayim 128), Rav Yosef Karo mentions these different views, and in his Shulchan Aruch (128:13) rules that the priests begin on their own initiative. The Ramah differs and states that it is Ashkenazic practice that this word is also recited in response to the chazan.
The leader of the congregation reads [the blessing] to them, word for word, and they respond after him [as can be inferred - See the Sifre on the verse below.
from Numbers 6:23: "This is how you should bless the children of Israel:] 'Say to them...;’” [i.e., the priests do not bless until one] "says to them." -The fact that the priests merely repeat the blessing emphasizes the concept (Chapter 14, Halachah 7) that the blessing is God's, and the priests do no more than convey that blessing to the people (Kinat Eliyahu).
When [the priests] conclude the first verse, all the people answer "Amen." - TheKiryat Sefer states that responding "Amen" to the priestly blessings is an obligation from the Torah.
Note the difference between this law and the ruling when the chazan recites the priestly blessings in the absence of any priests (Chapter 15, Halachah 10). Note also the contrast to the people's response to the priestly blessings in the Temple, (Halachah 9).
The leader of the congregation reads [the priests] the second verse, word for word, and they respond after him until they complete the second verse. - The Ramah (loc. cit.:45) mentions the custom of the priests chanting during the recitation of the blessings. This practice is followed only on holidays. In Eretz Yisrael, the priests do not chant when the priestly blessing is recited on other days.
The people respond "Amen." The same applies regarding the third verse. - Berachot 55b states that a person who has a dream which requires explanation should stand before the priests when they bless the people. Accordingly, it is customary to recite a prayer regarding dreams during the priestly blessing. (See Shulchan Aruch loc. cit.; 130:1 and commentaries.)
Commentary Halacha 4
When the priests conclude the recitation of [these] three verses, the leader of the congregation begins the final blessing of the Shemoneh Esreh, Sim Shalom. - After the priests promise that God will bless the people, it is appropriate that the chazan begin the blessing requesting peace, alluding toPsalms 29:11: "God will bless His people with peace" (Megillah 18a).
The priests turn - to the right (see Halachah 13), turning
their faces to the ark - See Halachah 6.
and close their fingers. - The priests are not allowed to close their fingers until they turn to face the ark (Shulchan Aruch, Orach Chayim 128:16). At this time, they recite a short prayer, as mentioned in Halachah 12.
They remain standing on the duchan until the leader of the congregation concludes the blessing, [and then] return to their places. - See Halachah 6.
Commentary Halacha 5
The person who calls the priests - As mentioned in Halachah 3, based onNumbers 6:23: "This is how you should bless the children of Israel: 'Say to them...,'” our Sages explained that before the priests bless the people, someone must "Say to them" - i.e., invite them to recite the blessing.
The Tur (Orach Chayim 128) states that the obligation to bless the people is not incumbent upon the priests until someone requests that they do so.
is not permitted to call to the priests until the Amen of the community is no longer heard. - Our translation follows the standard printed text of theMishneh Torah, which reads לכהנים. Other texts read כהנים. This version translates as "The person who calls the priests is not permitted to call out, 'Kohanim'..."
These textual differences reflect a difference of interpretation. The standard text relates that the chazan should not begin reading the blessing to the priests until one no longer hears the Amen which the congregation recited in response to the blessing recited by the priests (Halachah 12) before blessing the people.
According to the texts which read כהנים, the halachah teaches us that thechazan should not call the priests until the Amen recited by the congregation in response to the blessing Modim can no longer be heard. Both opinions are accepted as halachah by the Shulchan Aruch and commentaries (Orach Chayim 128:18).
The priests are not permitted to begin reciting the blessing - either the blessing recited before blessing the people, or the priestly blessing itself, depending on the above interpretations.
until the statement of the person who calls the priests - eitherY'varechecha or Kohanim, according to the respective interpretations.
is no longer heard. - In order that each of the statements and blessings can be clearly heard.
The congregation should not respond "Amen" until the blessing of the priests - This refers to the blessing recited before blessing the people, and also each of the priestly blessings.
is no longer heard. The priests may not begin another - one of the three priestly...
blessing -s - until the Amen of the community - recited in response to the previous blessing...
is no longer heard. - However, if a few individuals extend their pronunciation of "Amen" exceedingly, the recitation of the priestly blessings need not be delayed.
The leader of the congregation is not allowed to recite Amen to the priests' blessings like the rest of the people, lest he become confused and not realize which blessing to recite to them, whether the second blessing or the third blessing. - The recitation of "Amen" is not considered to be an interruption of his recitation of the Shemoneh Esreh. Nevertheless, he should not recite "Amen," because he may become confused and begin reading the wrong blessing to the priests.
Note that in Chapter 15, Halachah 10, the Rambam writes that if the chazan is the only priest present in a community, he should not bless the people, lest he become confused and err in his prayers. However, if he is sure that he will not make a mistake, he may bless the people. In the present halachah, the Rambam does not make such an allowance.
Perhaps the difference is that in Chapter 15, there is the possibility that the recitation of the priestly blessing will be nullified entirely. Hence, greater leniency is shown. In this halachah, the congregation as a whole will not suffer if the chazan does not respond "Amen" to the priests' blessings. Though theShulchan Aruch (loc. cit. 128:19) quotes the Rambam's decision, Shulchan Aruch HaRav (128:31) and the Mishnah Berurah (128:71) state that particularly at present, when the blessings are recited from a siddur, the chazan should respond Amen.
Commentary Halacha 6
The priests are not permitted to turn their faces away from the congregation until the leader of the congregation begins [the blessing] Sim shalom. Neither may the priests leave their places - in front of theheichal
until the leader of the congregation concludes [the blessing] Sim shalom - nor should the priests speak among themselves.
nor may they close their fingers - from the outstretched position in which they are held while the priestly blessings are being recited.
until they turn their faces from the community. - All these three statements are quoted from Sotah 39b. However, the Rambam changes from the order in which these statements are found in the Talmud. Interestingly, the three statements are also quoted by the Shulchan Aruch (Orach Chayim 128:16) in still a different order.
One of the measures ordained by Ezra - This version is found in the standard printed text of the Mishneh Torah. The commentaries maintain that the text is in error, noting that Sotah 40a ascribes this decree to Rabbi Yochanan ben Zakkai.
is that the priests should not ascend to the duchan wearing sandals. -This decree was instituted lest the sandal strap of one of the priests snap and he descend to fix it. Someone watching them might think that he was forced to descend because someone exposed a blemish in his lineage that prevented him from serving as a priest (Sotah, loc. cit.).
Rather, they should stand barefoot. - This statement is not included in Sotah(loc. cit.), and appears to have been added to negate the view of certain authorities, who allow a priest to recite the priestly blessings wearing boots. Nevertheless, even the Rambam allows the priests to wear socks (Rav Kapach). (See Shulchan Aruch and Ramah, loc. cit. and 128:5.)
Commentary Halacha 7
When the priests bless the people, they should not look at them -individually. A priest must concentrate his thoughts on blessing the people. Looking at any individual (or group) face to face might cause him to divert his thoughts from that intent.
or divert their attention - by thinking of other matters. See also Shulchan Aruch (Orach Chayim 128:21), which states that the priests should not sing different chants while reciting the blessings for this same reason.
Rather, their eyes should be directed towards the earth like one standing in prayer. - See Chapter 5, Halachah 4.
The Levush develops this concept, explaining that implicit in the priests' recitation of the blessing is the prayer that God will truly bless the people.
A person should not look at the priests' faces while they are blessing the people, lest they divert their attention. - The Rambam's statements are based on the Jerusalem Talmud, Megillah 4:8. The Babylonian Talmud (Chaggigah 16a) states that a person who looks at the priests while they are reciting the priestly blessing in the Temple will lose his eyesight from gazing at the Divine Presence, which rests between the priests' fingers.
Rather, all the people should listen attentively to the blessing - Hence, while the priests are reciting the blessing, the people should not recite any Biblical verses or prayers (Shulchan Aruch, loc. cit. 128:25). See Sotah 40a, which states, "Is there a servant who will not listen while he is being blessed?" Nevertheless, the Ramah allows verses to be recited while the priests are chanting.
they should [stand] face to face with the priests - See Halachah 11.
without looking at their faces. - See Shulchan Aruch HaRav 128:36, which explains that, at present, it is customary for both the priests and the congregation to pull their tallitot over their heads so that their attention will not be disturbed while the blessing is being recited. Nevertheless, the priests should extend their hands beyond their tallitot, so that there will be no separation between them and the people.
Commentary Halacha 8
If only one priest is blessing the people, he should begin reciting the blessing alone. - As mentioned in the commentary on Halachah 5, based onNumbers 6:23: "This is how you should bless the children of Israel: 'Say to them...,'” our Sages explained that before the priests bless the people, someone must "Say to them" - i.e., invite them to recite the blessing. However, since the verse mentions "them," Sotah 38a teaches that this invitation is not extended to a single priest.
[Afterwards,] the leader of the congregation reads [the blessings] to him, word for word, as mentioned - in Halachah 3.
If there are two or more [priests blessing the people] - Then the teaching mentioned above applies and
they do not begin reciting the blessing until the leader of the congregation - Rabbenu Tam protests against this statement, explaining that since the leader of the congregation is in the middle of the recitation of theShemoneh Esreh, calling the priests - but not reading the blessings to them - would be considered an interruption, and therefore forbidden. Rather, another member of the congregation should call the priests.
The Rambam addresses himself to this question in one of his responsa and explains that there is nothing wrong with another member of the congregation calling the priests. However, there is no obligation to have this done. Since calling the priests is a necessary element of the repetition of the Shemoneh Esreh, it is not considered an interruption to the chazan's prayers. TheShulchan Aruch (Orach Chayim 128:10) quotes the Rambam's view. Nevertheless, the Ramah suggests that the chazan should recite silently the paragraph beginningElo-heinu, v'Elo-hei avoteinu, and in that way ensure that his call to the priests is not an interruption.
calls them, saying "Kohanim" - Ashkenazic custom is that the chazan then continues, Am Kedoshecha ka'amur - "Your consecrated people, as it is said:...," and then recites the blessing, word for word, for the priests (Ramah).
They answer and respond Y'varechecha - This follows the opinion mentioned in Halachah 3, that the chazan does not read the word Y'varechecha to the priests.
and then he reads [the blessings] to them, word for word,
in the manner described above - in Halachah 3.
Commentary Halacha 9
How is the priestly blessing recited in the Temple? The priests ascend to the duchan - This is a slightly problematic statement. The Mishnah (Middot2:6) and the Rambam (Hilchot Beit HaBechirah 6:3) describe the duchan as three steps separating the Courtyard of the Israelites from the Priestly Courtyard. There, the Levites would stand and accompany the Temple service with songs and music. No mention is made of the priests standing there. Also, in Halachah 14, the Rambam mentions that the priests would bless the people while standing on the steps of the Temple building.
The Radbaz (Vol. II, Leshonot HaRambam) offers a resolution to this difficulty, noting that priests with disqualifying physical deformities may not stand on the Temple steps (Hilchot Beit HaBechirah 7:20). Thus, the majority of priests would stand on the Temple steps, and those with deformities would stand on the duchan.
The Tiferet Yisrael (Middot 2:4) states that most of the priests would stand on the Temple steps. If there was no room there, they would stand on the duchan.
after the priests have completed the service associated with the morning sacrifice offered daily. - Following the pattern established by Aharon, who blessed the people after completing the sacrificial offerings (Leviticus, Chapter 9).
They lift their hands above their heads - as an act of deference to theShechinah, which rests between their fingers (Rashi, Sotah 38a). Note the contrast to the practice outside the Temple, as described in Halachah 3.
with their fingers extended - holding them in the same manner as described in Halachah 3.
except the High Priest. He does not lift his hands above the tzitz. - Thetzitz refers to the golden plate worn by the High Priest on his forehead on which God's name is written (Exodus 28:37). Accordingly, it is not proper for the High Priest to lift his hands above it (Rashi, loc. cit.).
One person reads [the blessings] to them, word for word, in the same manner as outside the Temple - See Halachah 3.
until they complete the three verses. The people do not respond ["Amen"] after each verse - as is done outside the Temple.
Instead, in the Temple, [the priestly blessings] are read as a single blessing. - Since it is improper to recite "Amen" in the Temple, there is no need to make an interruption between verses (Sotah 40b).
When [the priests] conclude - the recitation of the entire blessing
all the people respond, "Blessed be God, the Lord, the Lord of Israel to all eternity." - Based on Nechemiah 9:5, this refrain was recited after each blessing recited in the Temple (Sotah, loc. cit.). The Ma'aseh Rokeachemphasizes that usually the person who recites a blessing in the Temple would add this refrain himself, and the listeners would respond: "Blessed be the name of His glorious kingdom forever and ever." However, since the priests themselves are forbidden to add to the priestly blessings (see Halachah 12), "Blessed be God..." would be recited by the people, and not by the priests.
Alternatively, because the people had already responded "Blessed be the name..." in response to each of the three recitations of God's name in the priestly blessings, then, when the blessings are concluded, they recite "Blessed be God..." (Rishon Letzion, Berachot).
Commentary Halacha 10
They - the priests, when reciting the priestly blessing
recite [God's] name - i.e., the name י-ה-ו-ה - as it is written. This is what is referred to as the "explicit name" in all sources. - As mentioned in Hilchot Yesodei HaTorah 6:2, there are seven names of God which must be treated with reverence. However, the name י-ה-ו-ה is granted a greater degree of respect than the six others.
In the Guide to the Perplexed (Vol. I, Chapter 61), the Rambam explains that all the other names for God, refer to Him as He manifests Himself in a particular quality and thus, have parallels in human terms. In contrast, the name, י-ה-ו-ה, refers to Him, as He stands above any relation to human terms.
In the country, - i.e., any place outside the Temple premises. In certain contexts - see the Rambam's Commentary to the Mishnah, Rosh HaShanah 4:1 - this refers to any place outside Jerusalem.
it - the name י-ה-ו-ה
is read [using another one of God's names]: אדני -Kiddushin 71a states: "I am not referred to as [My name] is written. My name is written י-ה-ו-ה and it is pronounced אדני."
Exodus 3:15 states: "This is My name forever." The word "forever" (לעולם) can be interpreted as לעלם - "to hide." God's essential name is to remain hidden from man.
for only in the Temple is this name [of God] recited as it is written. - Sotah38a offers the following interpretation of Exodus 20:21: "Wherever I allow My name to be mentioned, I will come to you and bless you": "In the place where I will come and bless you," - i.e., the Temple, the source of Divine blessing for the entire world - "I will allow My name to be mentioned" - the name י-ה-ו-ה, may be pronounced.
In his Commentary on the Mishnah (Sotah 7:4), the Rambam writes: "It is forbidden...to recite God's explicit name or to speak about it at all..., except in the Temple."
After Shimon HaTzaddik - Shimon HaTzaddik was the last surviving member of the Anshei HaK'nesset HaGedolah, the body of Sages who, under the direction of Ezra, laid the spiritual foundation for the return to Zion after the Babylonian exile.
died - Yoma 39b relates that Shimon HaTzaddik's death represented a turning point in the history of the second Temple. After his passing, five miracles that had reflected the manifestation of God's presence in the Temple ceased.
the priests ceased reciting the [priestly] blessing using God's explicit name even in the Temple, - and would recite a twelve-letter name of God instead (The Guide to the Perplexed, Vol. I, Chapter 62).
lest it be learned by a person lacking proper stature and moral conduct -In the Guide to the Perplexed (loc. cit.), the Rambam writes that knowledge of this name would destroy these individuals' faith.
Rashi (Kiddushin 71a) and Rabbenu Manoach state that these individuals would use the mystic power of the name for improper purposes.
The Sages of the early generations would teach [this name] - In the Guide to the Perplexed (loc. cit.), the Rambam writes:
[The name, י-ה-ו-ה]: It was not known to all men how to pronounce it, and which way each of the letters should be vocalized, whether any of the letters would be pronounced with a dagesh, and which one would be...
I think that when it says that the Sages would teach the four-letter name to their sons and disciples, this does not mean the pronunciation of the name alone..., but also its uniqueness and Divine secret.
I think that when it says that the Sages would teach the four-letter name to their sons and disciples, this does not mean the pronunciation of the name alone..., but also its uniqueness and Divine secret.
once in seven years - Kiddushin (loc. cit.) mentions another opinion, which states that this name would be taught twice in two years, but favors the opinion quoted by the Rambam, since ultimate discretion is appropriate for this great mystic secret.
only to their students and sons - Our text of Kiddushin (loc. cit.) does not mention "sons." However, it is possible that the Rambam had a different text of that Talmudic passage.
[who had proven] their moral conduct. All this is in reverence for His great and awesome name.
Commentary Halacha 11
Wherever the priestly blessing is recited - whether in the Temple or outside its premises
it is recited only in the holy tongue - quoting the blessing as it is recorded in the Torah
as [implied by Numbers 6:23]: "This is how you should bless the children of Israel."
We have learned the following [instructions] - The Mishnah Berurah(128:50) states that all these instructions are absolute requirements. A priest who cannot fulfill them - e.g., an aged priest who cannot stand unsupported - should leave the synagogue before the priests are called to recite the blessings.
from the tradition [passed on] from Moses, our teacher, may he rest in peace: - Generally, the Rambam's use of the term mipi hashmu’ah, refers toHalachah LeMoshe MiSinai - laws learned as part of the oral tradition given to Moses on Mount Sinai (Yad Malachi).
This definition is somewhat difficult to accept in the present instance. Ahalachah LeMoshe MiSinai is not based on any specific verse in the Torah, while all the instructions in this halachah are derived by Sotah 38a based on different verses.
"This is how you should bless" - while standing. - Sotah loc. cit., explains that the recitation of the priestly blessing is considered to be equivalent to service in the Temple. Just as the Temple service was conducted while standing, the priestly blessing should also be recited while standing.
The Eshkol states that the congregation should also stand. Though this is the common custom, it is not an absolute requirement (Shulchan Aruch HaRav128:23, Mishnah Berurah 51).
"This is how you should bless" - raising your hands - as Aharon did when he blessed the people (Leviticus 9:23).
"This is how you should bless" - in the holy tongue. - The expression "This is how" implies that the priests should recite the exact words mentioned in the verse (Sotah, loc. cit.).
"This is how you should bless" - face to face. - as a sign of closeness and affection.
"This is how you should bless" - in a loud voice. - From the words "Speak to them" (Numbers, loc. cit.), Sotah, loc. cit., derives the law that the priestly blessing should be recited in a conversational tone, as a person speaks to a colleague. From this statement, the Sifre states that the blessing should be recited in a tone which is audible to the entire congregation. However, Shulchan Aruch HaRav 128:23 and the Mishnah Berurah 128:53 emphasize that the priests should not shout or chant in an overly loud tone.
"This is how you should bless" - mentioning [God's] explicit name - the name י-ה-ו-ה
the latter - Our translation is based on the responsum of the Nodah BiYhudah(Orach Chayim, Vol. I, 5). Note the Sh'vut Ya'akov (Vol. II, 1), who maintains that all these instructions are obligatory only in the Temple.
[applying only] when one is in the Temple, as explained - in the previous halachah.
Commentary Halacha 12
Wherever [they recite the blessing], - whether in the Temple or outside its premises
the priests are not permitted to add other blessings - e.g., "May God, Lord of your fathers, increase your numbers a thousandfold" (Deuteronomy 11:11) - in addition to the three verses [of the priestly blessing]. - Rosh HaShanah 28b states that a priest should not think: "Since the Torah has given me permission to bless Israel, I will add a blessing of my own."
[These additions may not be made] either silently or out loud, as [Deuteronomy 4:2] states: "Do not add to the matter." - This is a general commandment, prohibiting making additions to any of the mitzvot of the Torah.
While a priest is ascending to the duchan, he recites [the following prayer] - This prayer, the blessing recited before blessing the people, and the prayer recited afterwards, are quoted (with minimal differences) from Sotah39a-b. The Shulchan Aruch (Orach Chayim 128:9) states that the priests should prolong the recitation of this prayer until the congregation concludes the recitation of "Amen" after the blessing Modim. The Magen Avraham states that the priests should conclude their prayer at the same time the chazan completes the blessing, so that the response "Amen" will also apply to their prayer.
when he leaves his place to ascend - The Ramah (Orach Chayim 128:9) states that Ashkenazic custom is to begin reciting this prayer when one stands before the heichal.
May it be Your will, God, our Lord and Lord of our fathers, that this blessing which You have commanded us to bless Your people, Israel, be a perfect blessing, that it not be marred by obstacles or iniquity - i.e., the priests pray that their lack of proper intention should not spoil the blessing.
from now until eternity. - These words are not found in our text of Sotah, loc. cit.
Before he turns to bless the community - The Shulchan Aruch (loc. cit., 128:11) and most later halachic authorities require the blessing to be recited after the priests turn to the people.
[a priest] should recite the blessing: - Since blessing the people fulfills a positive commandment, it is proper to recite a blessing beforehand, as we do before fulfilling most mitzvot.
Blessed are You, God, our Lord, King of the universe, who has sanctified us with the holiness of Aharon - Since this mitzvah can be fulfilled only by the priests, the blessing differs from the blessing recited before fulfilling other mitzvot.
and commanded us to bless His people Israel with love. - The addition of the words "with love" is associated with the Zohar's (Vol. III, 147b) teaching: "Any priest who does not love [God's] people or is not beloved by His people should not bless the people."
Afterwards, he turns his face to the community and begins reciting the priestly blessings. - as explained in Halachah 3.
When he turns his face from the community after completing [the recitation] of the blessings - as explained in Halachah 4.
he recites [the following]: - The Ramah, Orach Chayim 128:15, states that the priests should prolong their recitation of this prayer so that they will conclude together with thechazan's conclusion of the blessing.
We have carried out that which You have decreed upon us. - Since the blessing is dependent on God (see Chapter 12, Halachah 7), the priests' actions are considered to be the fulfillment of a Divine decree (Maharsha, Sotah39a).
Deal with us as You have promised us: - i.e.,..
Look down from Your abode, from the heavens, and bless Your people, Israel - Deuteronomy 26:15. In many communities, it is customary to add the last words of that verse, "a land flowing with milk and honey."
The recitation of this prayer is not considered to be an addition to the priestly blessings, because the priests have already lowered their hands from the position in which the blessing is recited (Shulchan Aruch HaRav 128:40).
Commentary Halacha 13
When the priests turn their faces to the community to bless them - See Halachah 3.
and when they turn their faces from the community after blessing [them] -See Halachah 4.
they should turn only to the right. - i.e., if the synagogue faces east, the priests should turn to the south and then to the west, and then recite the blessing. Afterwards, they should turn to the north and back to the west (Shulchan Aruch HaRav 128:26, Mishnah Berurah 128:61).
Similarly, any turns which a person makes - in the Temple or prayer service
should always be to the right.
Commentary Halacha 14
In the Temple, the priestly blessing would be recited once a day, after the [offering of] the morning sacrifice. - Note Tosafot, Sotah 39a, which states that the priestly blessing was also recited after the afternoon sacrifice.
[The priests] come and stand on the steps to the Ulam - The Ulam refers to the Entrance Hall to the Temple building. There were twelve steps leading to it. (See Hilchot Beit HaBechirah 6:4.)
Note the apparent contradiction between the Rambam's statements in this halachah and in Halachah 9, as explained in the commentary on Halachah 9. InHilchot Temidim UMusafim 6:5, the Rambam also states that the priestly blessing was recited on the steps to the Ulam.
and recite the blessing, as mentioned above. - in Halachah 9.
However, outside the Temple, it is recited after every prayer service except Minchah, as explained - in Halachah 1.
In all places - whether in the Temple or outside its premises
an effort is made - Although the Jerusalem Talmud (Berachot 5:4) states: "Thechazan should be an Israelite," the Rambam does not consider this to be a binding obligation.
that the person who reads the blessing to the priests - See Halachah 3, which relates that the priests recite the words of the blessing after someone else who reads them.
should be an Israelite, as [implied by Numbers 6:23]: "Say to them." This implies that the one who reads the blessing to them is not one of them. -The Shulchan Aruch (Orach Chayim 128:22) states that if there is no alternative and a priest serves as the chazan, an Israelite should read the blessings to the priests, and the chazan should remain silent in his place or recite the priestly blessings, as explained in Chapter 15, Halachah 10.
If there is no Israelite who can read the blessings to the priests, some authorities maintain that the priests should recite the blessings without having another person read them to them. However, other opinions maintain that thechazan should read the blessings to the priests even though he is himself a priest (Shulchan Aruch HaRav 128:34).
Ishut - Chapter Twenty
Halacha 1
Our Sages decreed that a man give a certain portion of his holdings to his daughter as a dowry.1 This is referred to as parnasah. When [a man] marries off his daughter, he should provide her with at least the wardrobe that is given to the wife of a poor Jewish man, as we have explained.2
When does the above apply? When [the bride's] father is poor. If he is wealthy, he should provide for his daughter according to his standards.
Halacha 2
If a father explicitly tells the prospective husband that his daughter does not possess anything, and that [his intent is that] he marry her although she does not possess a wardrobe, [the bride] is not entitled to anything of her father's.
[In such a situation, the prospective] husband should not say: "When she comes to my home, I will provide her with a wardrobe." Instead, he should provide her with a wardrobe while she is living in her father's home.
Halacha 3
When a father dies and leaves [at least one son and] a daughter [she is provided with a dowry from his estate]. We estimate what the father would have desired to give the daughter as a dowry, and she is given [that sum].
How is it possible to arrive at such an estimate? [We survey the habits of] his friends and acquaintances, his business affairs and his standard of living. If he married off a daughter during his lifetime, we base our estimate [on what she was given]. If the court is unable to determine what he would have desired [to give his daughter], she is given a tenth of his estate as a dowry.3
Halacha 4
When a man leaves [a son and] many daughters, the first [daughter] who desires to marry4 is given a tenth of the estate. The second [daughter to marry] receives a tenth of what was left after providing the first [daughter with her dowry]. And the third daughter receives a tenth of what was left after providing the second [daughter].
If all [a man's] daughters come to marry at the same time, [money is set aside for them according to the above pattern,] even if there are ten daughters [or more]. Afterwards, [all the allotments are pooled], and then divided equally among the daughters. The remainder of the estate is given to the sons.
Halacha 5
The allotment of a tenth [of the estate] as a dowry is not one of the provisions of the ketubah. Therefore, even according to the enactment of the later Sages,5 it is only to be collected from landed property.6 It may, however, be collected from rent due for landed property.7 If, however, [a girl's] brothers desire to give her money in lieu of a tenth of the landed property, they have that right.
Halacha 6
With regard to this allotment of a tenth [of the estate], the daughter is considered to be a creditor of her brothers. Therefore, she is entitled to collect it from property of intermediate quality. An oath is not required of her.
If her brothers die, she is entitled to collect it from their sons, [expropriating] property of inferior quality, and an oath8 is required of her. For she is collecting property from heirs, and [it is an accepted principle that] a person who comes to collect property from heirs may collect only from that of inferior quality and is required to take an oath [before doing so], as will be explained in the laws of loans.9
Halacha 7
Halacha 8
When a man has [several daughters, but] no sons, [his estate] is divided equally [among his daughters at the time of his death]. Although he married off the older daughters during his lifetime [and provided them with dowries], we do not grant dowries to the younger daughters and then divide the estate.
Halacha 9
[The following rules apply when a man] has died, leaving two daughters and a son. The older daughter received a tenth of the estate as a dowry, but before the younger daughter had collected her dowry, the son died [without leaving any heirs], and [the two sisters] inherited the entire estate. [In this situation,] the younger sister is not entitled to her tenth of the estate.12 Instead, the entire estate is divided equally, but the older sister is granted the tenth [she had received previously].13
Halacha 10
When a man gives an order at the time of his death: "Do not give my daughters a dowry from my estate," his words are heeded. [The rationale is that a dowry] is not one of the provisions of a ketubah.14
Halacha 11
[The following rules apply when] a man dies, leaving a widow and a daughter. It has already been explained15 that the support of a man's widow16 takes precedence over the support of his daughter. Similarly, if the daughter marries, she is not entitled to collect her tenth [of the estate], because of [the obligation to] support the widow.17
Even if the daughter dies after she marries, her husband is not entitled to inherit the dowry that should have been given her.18 For the entire estate is considered to be in the possession of the widow so that she can derive her sustenance.
Halacha 12
When an orphan girl is married off by her brothers or her mother as a child with her consent, and she is given 50 or 100 zuz as a dowry, she is entitled to collect the dowry that is due her - according to the estimation of her father's desires or one tenth of the landed property19 [of his estate] - from them after she attains the age of majority.
Halacha 13
When a daughter marries after she reaches majority - whether as a na'arah or as a bogeret - and does not demand her dowry, she forfeits her dowry. If, however, she protested at the time of her marriage, she may collect her due whenever she desires.
[A further point must be considered when] she reaches the age of bagrut and remains in her father's house - regardless of whether she reaches bagrut after his death, or [he died] when she had already reached the age of bagrut.22 If her brothers have already ceased providing her with her sustenance, which is their prerogative, as we have explained,23 and [the girl] remained silent and did not demand her dowry, she forfeits her dowry. If she protests, she does not forfeit her dowry.
If, however, her brothers had not ceased providing her with her sustenance [although] she reached bagrut, she is not considered to have forfeited her dowry as long as they continue to provide her with her sustenance, even though she did not protest. For she can claim that she did not demand her dowry because [her brothers] are supporting her although they are not obligated to do so,24 and she has not yet married.25
Halacha 14
[The following rules apply when a man] stated - whether while making an oral will before death or while healthy - that his daughter should be given a specific sum of money as a dowry, and that this sum should be used to purchase landed property, and [then] died [afterwards].
When the money is in the possession of a third party and the daughter states: "Give the money to my husband and let him do with it as he desires," [the third party should do as follows]. If [the daughter] has reached the age of majority and has married, she is granted this prerogative.26If she is [past majority, but merely] consecrated, the third party should follow the instructions he was given.27 And if she is a minor, even if she is already married, her request is not heeded.28Instead, the third party should carry out her father's instructions.29
| FOOTNOTES | |
| 1. |
Ketubot 52b states that an allusion to this concept can be found in Jeremiah 29:6: "Give your daughters to men." "Is it possible for a father to initiate marriage proceedings?" our Sages ask. And they explain that the intent of the verse is that a man should provide his daughter with a dowry attractive enough for a man to desire her.
|
| 2. |
I.e., 50 zuz, as stated in Chapter 13, Halachah 1.
|
| 3. |
From the Rambam's wording, it appears that one tenth is the average, but that if a man is known to be generous, his daughter may be given more than a tenth. The Ramah (Even HaEzer 113:1) mentions the opinion of certain authorities who maintain that a girl should never be given more than a tenth of the estate, but states that the common practice is not to follow this view.
|
| 4. |
The dowry is given to the daughter only when she prepares to marry, not beforehand. Nevertheless, she is given a tenth of the value of the estate at the time of her father's death, regardless of its present value (Maggid Mishneh; Ramah, Even HaEzer 113:4).
|
| 5. |
I.e., even according to the Sages who ordained that the payment of the money due a woman by virtue of her ketubah may come from movable property (Chapter 16, Halachah 8), the payment of the dowry is from landed property alone. Note, however, the opinion of Tosafot (Ketubot 51a), who differ and maintain that this allotment may also be collected from movable property.
|
| 6. |
Based on the wording of Halachah 12, the Maggid Mishneh states that the Rambam's opinion is that the movable property in the estate is not included in the calculation of the size of the estate on which the amount of the dowry is based. Rav Moshe HaCohen and Rabbenu Asher differ, emphasizing that although the dowry allotment is not collected from movable property, the movable property is included in this appraisal. Both authorities agree, however, that if an assessment is made of the amount that the father would have given his daughter, that assessment includes the movable property in the estate.
|
| 7. |
This refers to rent due the father for landed property that was uncollected at the time of his death. The Ramah (loc. cit.) states that if the heirs have already collected the rental fee, they are not obligated to give it to their sister.
|
| 8. |
That she has not received any of the estate.
|
| 9. |
Hilchot Malveh V'Loveh 14:1, 19:1.
|
| 10. |
The rationale is that it is known that a girl is entitled to receive a dowry, and the purchasers of the property of the estate should have taken precautions before buying the property.
|
| 11. |
Hilchot Malveh V'Loveh 18:1.
|
| 12. |
Ketubot 69a explains that the rationale for this ruling is that the daughter has received a far larger portion of the estate than she could have hoped for.
|
| 13. |
The Rambam's opinion is quoted by the Shulchan Aruch (Even HaEzer 113:8). The Ramah quotes the opinion of Rabbenu Asher, who maintains that the second daughter is given her dowry and then the estate is divided.
|
| 14. |
The provisions of the ketubah - e.g., the support of the daughters - become binding at the time of the marriage, and the man's statements have no effect regarding them (Chapter 19, Halachah 13). The dowry, by contrast, is a gift that we assume a man would make. Therefore if he explicitly states that he does not desire that it be made, his wishes are heeded.
|
| 15. |
Chapter 19, Halachah 21.
|
| 16. |
The Chelkat Mechokek 113:17 and the Beit Shmuel 113:16 state that the same ruling applies with regard to the daughters. I.e., if there are older daughters who wish to collect their dowry and marry, and younger daughters who still have to receive support from the estate, the younger daughters are entitled to object to the property's being given to their sisters. The rationale is that the support for the widow and for the daughters is considered to be a debt owed by the estate, while their dowry is considered to be a debt owed by the heirs.
|
| 17. |
Once the widow has remarried or received payment for her ketubah, the daughter is entitled to inherit the tenth of the estate that should have been given to her. Even when she has already married, her brothers are required to give her these funds from the remainder of the estate.
|
| 18. |
At times a woman's husband is considered to be a purchaser of the property he inherits from his wife, and at times an heir. If he were considered to be a purchaser, he would be entitled to take possession of the dowry due his wife, for a widow is not entitled to collect her support from property that has been sold. Nevertheless, in this instance, out of consideration for the widow, our Sages considered him like an heir, and thus enabled the widow to continue receiving her sustenance (Bava Batra 139b).
|
| 19. |
The Maggid Mishneh cites this phrase as proof that the tenth of the estate set aside as a dowry is expropriated from landed property alone.
|
| 20. |
See the following halachah.
|
| 21. |
And thus the fact that she did not object at the time of the marriage is not significant. The Maggid Mishneh adds that even if the girl did not object immediately at the time she reached majority, she is entitled to object afterwards. This decision is quoted by the Ramah (Even HaEzer 113:7).
|
| 22. |
Rabbenu Asher writes that a girl who reached the age of bagrut in her father's lifetime is not entitled to a dowry from her brothers. The later Ashkenazic authorities (see Beit Shmuel 113:19) state, however, that this ruling is not applied.
|
| 23. |
Chapter 19, Halachah 10.
|
| 24. |
Hence, she is ashamed to come to them with this request (Ketubot 68b).
|
| 25. |
Implied is that once a bogeret marries without demanding her dowry, she has forfeited it even though her brothers continue to provide her with her sustenance (Maggid Mishneh). In his Kessef Mishneh, Rav Yosef Karo writes that if the brothers of a na'arah continue to provide her with her sustenance after marriage, she does not forfeit her dowry, even if she does not protest. Although his wording in the Shulchan Aruch (Even HaEzer 113:7) is slightly problematic, the later authorities explain that this is his intent. A source for both the statements of the Maggid Mishneh and theKessef Mishneh can be seen in the Rambam's Commentary on the Mishnah (Ketubot 6:6).
|
| 26. |
We assume that the father's intent was that the money should be entrusted to a third party only until after her marriage (Rashi, Ketubot 69b).
|
| 27. |
For it is a mitzvah to carry out the directives of a person who dies, even if he was healthy at the time he gave these directives (Hilchot Zechiyah UMatanah 4:5).
|
| 28. |
We assume that the father's intent was to safeguard his daughter and her husband against wasting the funds intended for them.
|
| 29. |
The Shulchan Aruch (Even HaEzer 54:1) quotes the Rambam's ruling. The Ramah refers to this ruling in Choshen HaMishpat 252:2, which states that this applies only if the funds were specifically entrusted to the third party for this purpose by the deceased at the time he made this statement. If they came into his possession afterwards, the concept that it is a mitzvah to carry out the directives of a person who dies does not apply.
|
Ishut - Chapter Twenty One
Halacha 1
A husband is entitled to [any ownerless objects] discovered by [his] wife,1 and the proceeds of her labor.2 What [type of work] must she perform on his behalf? Everything follows the custom of the country. In a place where it is customary for women to weave, she should weave. [In a place where they] embroider, she should embroider. [In a place where they] spin wool or flax, she should spin.
If it is not customary for women in that place to perform these labors, he may compel her only to spin wool; [wool, but not flax,] because flax damages [a woman's] mouth and lips. [This occupation is chosen because] spinning is a task designated for women, as [implied by Exodus 35:25]: "And all the skilled women put their hands to spinning...."
Halacha 2
If a woman exerts herself and produces more than would be expected of her,3her husband is entitled to the extra amount.4
Even when her husband5 is very wealthy and even when the woman has several maids, she may not sit idle, without work. For idleness leads to lewdness. [Her husband] may not, however, compel her to work for the entire day. Instead, according to the extent of his wealth, her obligation to work is minimized.
Halacha 3
When a mantakes a vow that prevents his wife from doing any work at all, he is obligated to divorce her and pay her [the money due her by virtue of her]ketubah. [The rationale is that] idleness leads to lewdness.6
Every wife is obligated [to perform the following household tasks] on behalf of her husband: to wash his face, feet and hands, to pour him beverages, to make his bed,7 and to do his bidding - e.g., to bring him water or a utensil, to remove an article from his presence, or to perform similar tasks. She is not, however, required to do the bidding of his father or his son.
Halacha 4
These tasks should be performed only by a man's wife alone.8 Even if she possesses several maids, these tasks are performed for a man only by his wife.
Halacha 5
There are other tasks that a woman performs for her husband when they are poor; they are: to bake bread in an oven9 - Ezra ordained that a woman get up early and bake bread so that there will be bread available to give the poor.
She should cook food, wash clothes, nurse her child, place straw before her husband's beast10 - but not before his cattle - and grind [flour].
What does grinding [flour] involve? [Not that the woman actually operates the mill herself,] but that she stays at the mill, sifts11the flour and prods the animal [who turns the mill], so that [the operation of] the mill will not be hampered. If it is the [local] custom, for women to grind [flour] using a hand mill, [a woman] should grind [flour in this manner].
Halacha 6
When does the above apply? With regard to a poor [couple]. If, however, a woman brings a maid to [the household] or property with which a maid could be purchased, or if the man possesses a maid or funds with which a maid could be purchased, the wife is not required to grind [flour], to bake, to do laundry or to place straw before her husband's beast.
If the wife brings two maids to [the household] or property with which two maids could be purchased, or if the man possesses two maids or is [wealthy] enough to purchase two maids, the wife is not required to cook or to nurse her child. Instead, she gives him to a maid to nurse.12
Halacha 7
Thus, there are five tasks that every woman must perform on behalf of her husband: to spin [thread], to wash his face, hands and feet, to pour beverages for him, to make his bed and to do his bidding. And there are six tasks that some women perform and some women do not perform. They are: to grind [flour], to cook, to bake, to do laundry, to nurse, and to place straw before her husband's beast.
Halacha 8
All the tasks that a woman must perform on behalf of her husband must also be performed by a woman while she is in the niddah state, with the exception of pouring beverages, making his bed and washing his face, hands and feet. [The rationale for the exceptions is that] this is a decree, [enacted] lest [sexual] thoughts arise, and the husband be prompted to engage in relations.
Therefore, when she is in the niddah state, she should make his bed when he is not present. When pouring a beverage for him, she should not place it in his hand as is her usual practice, but rather leave it on the ground, on a utensil or on a table, and he will take it.13
Halacha 9
When a woman breaks utensils while performing household tasks,14 she is not held liable. This ruling does not reflect the dictates of the law, but is instead an enactment [of our Sages]. For if this were not the case, there would never be peace in a household. For a woman would be overly cautious and would refrain from performing many tasks, and there would thus be strife between [the couple].15
Halacha 10
Whenever a woman refrains from performing any of the tasks that she is obligated to perform, she may be compelled to do so, even with a rod.16 When a husband complains that [his wife] does not perform [her required tasks], and [the wife] claims that she does, [the dispute should be clarified by having] a [neutral] woman dwell with them or [by asking] the neighbors.17 The judges should clarify the matter in the best way they see fit.
Halacha 11
During the time a woman nurses her child, she is not compelled to perform as many tasks [as usual], and wine and foods that are beneficial to nursing are added to her support.
If, despite the fact that she was allotted the foods appropriate for her, she desires to eat more or desires to eat other foods, because of the craving in her stomach, she is entitled to eat everything she desires [provided she pays for the additional food] from her own funds. The husband cannot prevent her, saying: "Perhaps she will overeat or eat harmful foods18 and the child will die." [The rationale is] that the physical pain the woman feels takes priority.
Halacha 12
When a woman bears twins, she cannot be compelled to nurse both of them. Instead, she is required to nurse one, while the husband is required to hire a nursemaid for the second child.19
If a woman desires to nurse another woman's child together with her own, her husband may object and restrict her to nursing only her own child.20
Halacha 13
Although a woman takes a vow not to nurse her child, she may be compelled to do so until the child - whether a boy or a girl - is 24 months old.21
If a woman desires to nurse her child, but her husband objects, claiming that this will mar her beauty, she is given this prerogative, for it is painful for her to part from her child.22 [This law applies] even if she owns several maids.
Halacha 14
If she is poor and would thus be obligated to nurse her child, but her husband is rich, and it is appropriate that his wife not be obligated to nurse his child - if his wife does not desire to nurse, he must hire a nursemaid or buy a maid, even if he did not possess any maidservants beforehand. [The rationale is] that the woman's social standing rises together with that of her husband and does not descend with his.
Halacha 15
If a woman claims that [her husband] is of [a social standing that] requires him to hire or purchase a maid, and he claims that he is not, the burden of proof is on the woman. [The husband] is not [required] to take an oath.
Halacha 16
When a woman is divorced, she cannot be compelled to nurse [her child]. If she desires to nurse the child, [her ex-husband] must pay her a wage.23 If she does not desire [to nurse], she should give the son to his father, and he should care for him.24
When does the above apply? When she did not nurse the child long enough for him to recognize her. If, however, [the child is able] to recognize his mother, even if [the child] is blind,25 he should not be separated from his mother because of the [possible] danger [the separation will cause] the child.26 Instead, the woman is compelled to nurse the child for a wage until he reaches the age of 24 months.
Halacha 17
[A husband] is not [obligated to] support his divorcee, even when she is nursing his child. In addition to the wage she receives [as a nursemaid], he must, however, provide her with those things that the child needs for clothing, food, drink, salves and the like. A woman who is pregnant is not entitled to any [payment] at all [from her ex-husband].
[The following rules apply after the 24] months have been completed, and the child has been weaned. If the divorcee desires that her son remain in her custody, he is not separated from her until he completes his sixth year [of life].27Instead, his father is compelled to provide him with his sustenance while he lives with his mother.
After the child completes his sixth year, the father has the right to say: "If [my son] is in my custody, I will support him. If, however, he continues to live with his mother,28 I will not give him anything."29
A mother, by contrast, is given custody of her daughter forever, even after [she passes] the age of six.30
Halacha 18
What is implied? If the father is [wealthy enough] to be obligated to give charity, the money necessary for his daughter's support should be expropriated from him and used to support the daughter, while she is in her mother's custody.
Even if the mother marries another [man], her daughter remains in her custody, and the father is obligated to provide for her sustenance until his death, as an act of charity. [Moreover, even if the girl's] father dies, she is entitled to receive her sustenance from his estate, as a provision of [her mother's] ketubah, although she remains in his mother's custody.
If a mother does not want her children - either males or females - to remain in her custody after she weans them, she has this prerogative, and she can give their father their custody, or make them wards of the community if there is no father, and [the community] must care for them.31
| FOOTNOTES | |
| 1. |
Ketubot 47a states that since a woman's husband supports her, he might object if she were granted ownership over the items that she discovers. The Jerusalem Talmud (Ketubot 6:1) offers a slightly different explanation: that if women were entitled to the objects that they discover, a woman might conceal her earnings and later claim that the funds came to her for ownerless objects that she discovered.
|
| 2. |
As mentioned in Chapter 12, Halachah 4, in exchange for the obligation incumbent on the man to support his wife, our Sages granted him the right to the income she generates.
|
| 3. |
There are two interpretations of "more than would be expected of her": a) that she worked overtime, more hours than common custom requires, b) that she performed several tasks at one time.
|
| 4. |
There are authorities who differ with the Rambam and maintain that a woman is entitled to keep the additional amount she earns. The Bayit Chadash (Even HaEzer 80) states that it is not Ashkenazic custom to require a woman to give her husband any of her additional earnings.
|
| 5. |
Literally, "he is." Many manuscript copies and early printings of the Mishneh Torah state "he and she are," instead of "he is."
|
| 6. |
Hence, rather than compel a woman to follow a course of conduct that will lead to wanton behavior, Ketubot 59b requires the husband to divorce his wife.
|
| 7. |
The commentaries discuss whether the intent is to make her husband's bed or to make all the beds in the house. The difference is with regard to a rich woman, who could have maids perform household services. She is, nevertheless, obligated to make her husband's bed as a reflection of their personal closeness. The question is whether this applies to making the other beds in the house. Ketubot 61a uses the expression "makes the bed for him," indicating that the emphasis is on the husband's bed.
|
| 8. |
I.e., they are a reflection of their personal closeness.
|
| 9. |
In contrast to bread baked in a pan or over coals - i.e., the woman must bake in an ordinary manner (Ma'aseh Rokeach).
|
| 10. |
I.e., the animal on which he rides. This reflects the version of Ketubot 61b possessed by the Sephardic authorities. The Shitah Mekubetzet explains that this is included in a woman's household duties, because those duties involve tasks that affect her husband's person. The standard printed text of that Talmudic passage reverses the decisions regarding his beast and cattle. (See the rationale offered by Rashi.)
|
| 11. |
Alternatively, guards the flour (Tur, Even HaEzer 80).
|
| 12. |
The commentaries mention the importance of selecting a Jewish nursemaid. For milk that comes from non-kosher food will breed undesirable tendencies in the son's character.
|
| 13. |
The Rambam does not mention washing her husband, because his wife is forbidden to touch him while in the niddah state. (See Hilchot Issurei Bi'ah 11:18-19.)
|
| 14. |
The Chelkat Mechokek 80:29 states that based on the Jerusalem Talmud, this law applies even when she breaks household articles while she is not in the midst of her household chores.
|
| 15. |
While he accepts the Rambam's ruling, the Ra'avad offers a different rationale. The commentaries, however, justify the Rambam's view.
|
| 16. |
Rav Kapach emphasizes that the Rambam's intent is not that the husband should beat his wife himself, but that he should bring her to the court, which should administer corporal punishment if they see fit.
The Ra'avad objects to this ruling, explaining that it is unheard of to compel a woman by corporal punishment. Instead, her support should be cut back until she accepts her household duties. The Rashba offers other options - to place her under a ban of ostracism or to sell her ketubah and use the proceeds to hire a maid.
When quoting this law, the Shulchan Aruch (Even HaEzer 80:15) mentions that the woman is compelled to perform her tasks, but omits reference to the means of compulsion employed. The Ramah quotes the opinion of the Rambam together with that of the Ra'avad and the Rashba, but appears to favor the latter views.
|
| 17. |
The woman is not required to support her claim with an oath, because a pattern of the husband's complaining and the woman's being compelled to take an oath would arise, and peace would not reign within the household (Chelkat Mechokek 80:28).
|
| 18. |
Although a woman is enjoined not to eat foods that would harm her milk supply, she is allowed to do so if she feels physical pain, because her needs take priority over those of the child. In hisKessef Mishneh, Rav Yosef Karo objects to the Rambam's ruling; in the Shulchan Aruch (Even HaEzer 80:11), he quotes dissenting views together with that of the Rambam, without favoring either view.
Note the Chelkat Mechokek 80:22, who emphasizes that when there is a real danger to the child's life, and no danger to the mother, the woman must adjust her diet to help the child.
|
| 19. |
Rabbenu Asher states that she is required to nurse both children, but this view is not accepted by the later authorities.
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| 20. |
The Ramah (Even HaEzer 80:14) quotes the Tur, which states that a husband may even prevent a woman from nursing her own child who was born to her from a previous husband.
|
| 21. |
Implied in the marital contract is that the woman will nurse her children. Hence, she may not object.
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| 22. |
Rashi (Ketubot 61a) mentions another rationale: having milk without nursing causes pain.
|
| 23. |
For a father is obligated to pay for his child's sustenance until the age of six, as stated in Chapter 12, Halachah 14.
|
| 24. |
The husband cannot, however, be compelled to pay for a nursemaid if the mother is given custody.
|
| 25. |
For even a blind child can recognize his mother from her smell and the flavor of her milk.
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| 26. |
The pain of separation from his mother could cause the child to undergo travail that might lead to weakness. Rashi (Ketubot 59b) states that it is possible that the infant might reject another nursemaid and hence starve to death.
|
| 27. |
The Ra'avad objects to the Rambam's decision, explaining that a father is obligated to begin educating his child at an early age, and this is impossible when the child is in the mother's custody. The Maggid Mishneh refutes that argument, explaining that the amount of teaching that the father is obligated to give the child can be communicated at visits.
It must be emphasized, however, that the Rambam is referring to a situation in which the mother shares the same standards of observance as the father. If that is not the case, and the mother's observance is lacking, the father should be given the right to custody.
|
| 28. |
From the Rambam's wording, it appears that if a son desires to stay in his mother's custody, and the mother is willing to support him, he is entitled to do so. (See Chelkat Mechokek 82:9.)
|
| 29. |
At present, there are many courts that require the father to continue supporting his son, even if he desires to remain with his mother.
|
| 30. |
For her mother is more prepared to train her to grow up as a woman.
The Ramah (Even HaEzer 82:7) states that this law applies only when the court feels that it is in the daughter's best interests to remain in her mother's custody. If, however, it appears that the daughter's interests will be served better when she is in her father's custody, he is awarded that privilege.
|
| 31. |
The Maggid Mishneh states that this implies that a woman does not have any responsibility to raise her children. The Ma'aseh Rokeach maintains that if the mother has means, she is required to provide for her children's support and cannot cast the burden on the community. She need not, however, raise them in her home, lest this deter other men from desiring to marry her. This latter opinion is not, however, mentioned in the Shulchan Aruch (Even HaEzer 82:8) or its commentaries when dealing with this situation.
|
Ishut - Chapter Twenty Two
Halacha 1
The husband takes precedence over any other person with regard to the inheritance of his wife's estate.1
When does the husband acquire this right? When his wife leaves her father's domain, even though she has not entered the chuppah.2 Since the woman has entered her husband's domain, he [has the right] to inherit [her estate].
Halacha 2
What is implied? When a woman has been consecrated and her father hands her over to her husband or to his agents, or the agents of the woman's father hand her over to her husband or to his agents, and the woman dies on the way, before she enters the chuppah, her husband inherits her estate, even though her dowry is still in her father's home.3
Similarly, if the father or his agents went together with the husband, and the husband entered into privacy in a courtyard together with [his bride] with the intent of marriage,4 and afterwards she dies, her husband inherits [her estate].
If, however, [the woman and] her husband or his agents are still accompanied by her father or his agents on their journey to the husband's house, her father inherits [her estate] if she dies, even if her dowry is already in her husband's home. [This law applies even if the woman] and her husband entered a courtyard together to spend the night, as travelers lodge together in one inn.5[The rationale is that] she is accompanied by her father or his agents, and [her husband] has not entered into privacy with her for the sake of marriage.
Halacha 3
Halacha 4
Although a man marries a woman with whom he is forbidden [to have relations], if she dies [during his lifetime], he inherits her estate when his consecration of her is binding.8 Similarly, a man who marries a k'tanah [after her father's death]9 inherits her estate if she dies in his lifetime, even though his consecration of her is not binding entirely.
When, by contrast, a mentally capable man marries a deaf mute, he is not entitled to inherit her estate when she dies.10 When, however, a deaf mute marries a mentally capable woman and dies, he should inherit her estate. For she is capable of understanding and married him voluntarily. [In doing so,] she gave him a right to her property.11
Halacha 5
When a k'tanah was consecrated with her father's consent, but married without his consent - whether in his presence or outside his presence - her father has a right to object, as we have explained.12 [In such a situation,] if the girl dies, her husband should not inherit her estate, even if the father remains silent, unless he expressed his consent to her marriage.
Halacha 6
The geonim ruled that when a woman falls sick and asks her husband to divorce her so that he will not inherit her estate, her words are of no consequence, [even if] she [agrees to] forfeit her ketubah. Even if she says: "I hate him and no longer desire to live with him," her words are not heeded, and she is not judged as a woman who rebels against her husband.13 This is a desirable ruling.
Halacha 7
During a woman's lifetime, her husband enjoys the benefits of all the property she owns, regardless of whether it is classified as nichsei tzon barzel or nichsei m'log. If she dies in her husband's lifetime, her husband inherits everything.
Therefore, if the woman sold property classified as nichsei m'log after she married, even if she became the owner of that property before she became consecrated, her husband may expropriate the income from that property from the purchasers throughout his wife's lifetime. He may not, however, expropriate the land itself, for he has no right to the land itself, if it is classified as nichsei m'log, until his wife dies.14
If she dies in his lifetime, he may expropriate the land from the purchasers15without paying them for it.16 If the actual money that [the woman] took from the purchasers still exists, however, it must be returned to the purchasers. The husband cannot say: "Perhaps this money was found [by my wife]" [and on that basis take it as his own].17
Halacha 8
When does the above apply? With regard to property about which the husband knew.18 When, however, a woman inherits property in another country without her husband's knowledge and sells it, the sale is binding.19
Similarly, if a woman sells [property]20 between her consecration and the consummation of the marriage bond, the sale is binding. For the husband has no right to his wife's property until their marriage is consummated.
Halacha 9
When a woman signs over all21 of her property to another person - regardless of whether or not that person is a relative - before she marries, even when there is a provision that if she is divorced or if she becomes a widow, this present is nullified - as will be explained in Hilchot Matanah22 - her husband is not entitled to benefit from the income of this property. And if she dies in his lifetime, he does not inherit it.
[The rationale is] that she gave this property away before she married. When she dies during her husband's lifetime, the recipient of the present acquires full title to it.
Moreover, [the same laws apply] even if she gave away a portion of her property - or all her holdings - before she married and wrote [in the deed of transfer] to the recipient: "Acquire the property from this time onward, [dependent] on my consent."23 [Although] the recipient does not acquire complete ownership until the woman expresses her consent,24 her husband is not entitled to benefit from the income of this property. And if she dies in his lifetime, he does not inherit it.25
Halacha 10
While a woman is waiting for her yavam [to marry her according to the rite ofyibbum], she may sell or give as a present property that she acquires during the time she is in this status.26 Until he marries the yevamah, the yavam has no right to benefit from the property, even the nichsei tzon barzel,27 that she brought to his [deceased] brother's household.
If the yevamah dies in this status, her heirs from her father's household inherit her nichsei m'log28 and half of her nichsei tzon barzel.29 Her husband's heirs inherit [the money due her by virtue of] her ketubah30 and the remaining half of her nichsei tzon barzel, and they are responsible for her burial.31
Halacha 11
The money due a yevamah by virtue of her ketubah is considered to be a lien on her [late] husband's estate. Therefore, a yavam is not entitled to sell any of his brother's property32 - neither before yibbum nor after yibbum.
If he sells the deceased's property, gives it away as a present, divides it with his brothers - whether before yibbum or after yibbum - his actions are of no consequence. For it is already obligatory to make this property available to the widow so that she can collect [the money due her by virtue of] her ketubah from it.
Halacha 12
When a man marries his yevamah at a time when there is produce growing on the land left by her husband, this produce should be sold,33 and the proceeds used to purchase land from which the yavam will derive the benefit that accrues.
Halacha 13
When, [by contrast, the deceased] left produce that was already harvested, money or movable property, it becomes the property of the yavam. He may use it as he sees fit, and [the yevamah's] objections are of no consequence.
[The rationale is that the woman's right] to collect [the money due her by virtue of] her ketubah from movable property stems only from an enactment of thegeonim, and this enactment does not have the power to prevent [the yavamfrom taking possession] of his brother's property,34 and cause him to be restrained from dealing with them because of this lien.
Halacha 14
[The following rules apply when] a yevamah's [first husband was not obligated to] grant her a ketubah35 or [when] she waived her ketubah in his favor. Theyavam acquires his brother's estate and may sell [portions of it] or give them away as he desires. When he marries his yevamah, he is obligated to compose a ketubah for 100 [zuz]. All of his property will be considered as being on lien for the ketubah, [i.e., the same laws apply to her] as apply to other women who have a ketubah.36
Halacha 15
Halacha 16
[Should the husband] sell movable property that is classified as nichsei tzon barzel39 - although he is not allowed to make such a sale - the sale is binding.40
If both [the husband and the wife] sell nichsei m'log, the sale is binding,41regardless of whether the purchaser purchased the property from the husband first and then from the wife, or if he first purchased it from the wife and then from the husband.
Halacha 17
Similarly, when a woman sells her nichsei m'log to her husband or gives them to him as a present, the sale or the gift is binding. She cannot rationalize her actions by saying, "[This was not my true intent.] I did it [only] to appease my husband."42 With regard to other property, however, she may offer such a rationalization.
Halacha 18
What is implied? When a woman sells her nichsei tzon barzel to her husband or gives them to him as a present, her husband does not acquire this property. [This applies to] landed property and movable property [in this category], to a field that was designated for her from which [she could collect the money due her by virtue of] her ketubah, a field belonging to her that was specifically mentioned in her ketubah or a field that [her husband mentioned in herketubah] as his present to her [to be included in her dowry].43
[In all the above instances,] even though [the husband] formalized the transaction with his wife through an act of contract that she voluntarily agreed to, she has the prerogative of recanting whenever she desires.44 [We assume that] she gave the present or made the sale only for the sake of maintaining peace in her home.45
Halacha 19
It appears to me that a woman is not entitled [to nullify her statements, based on the rationale]: "I did it [only] to appease my husband," when her nichsei tzon barzel were lost or stolen, and she waived the debt in favor of her husband. [This applies even when the commitment] is formalized in the presence of witnesses.48
To what can this be compared? To a man and a woman who formalized an agreement in which she forgoes the responsibility [he had taken for property that had been classified as nichsei tzon barzel] and considers it instead nichsei m'log.49 For the husband is not bringing a proof for the sake of taking possession or maintaining possession of property, merely to free himself of the obligation to pay a claim [his wife will issue].50
If, by contrast, she gives him movable property that exists and was considered to be nichsei tzon barzel, the husband does not acquire it. For the wife may rationalize her conduct saying: "I did this to appease my husband."
Halacha 20
When a husband sells [the right to] the benefits from landed property [that belongs to his wife, to another person, while the legal owner of the property remains his wife, the sale] is of no consequence. [The rationale is that] the reason our Sages granted a man [the right to] the benefit that accrues from his wife's property is [to afford him additional income] so that he will spend more generously on the household expenses.51
[Based on that rationale,] if he sells the benefit to be derived [from the landed property to another person] and takes the money and invests it in a business [which offers profit], he is given that prerogative.
Halacha 21
[The following laws apply if] the woman possesses financial resources [that she brings to the household]. If they are nichsei tzon barzel, her husband may use them for commercial enterprises.52
If they are nichsei m'log - regardless of whether she brought them to the household at the time of marriage or she inherited them or received them as a present53 [- landed property should be purchased with them, from which her husband is entitled to the benefit that accrues].54 [Similarly,] if she inherited or was given movable property, it should be sold, and the proceeds of the sale should be used to purchase landed property, from which her husband is entitled to the benefit that accrues.
Halacha 22
Halacha 23
[The following law applies when] a woman inherits servants [while she is married]. Even if they are old, they should not be sold, because they bring honor to her family's household.
[The following law applies when] she inherits olive trees or vines, but did not [inherit] the land on which these trees were planted. If they produce enough to pay for their upkeep, they should not be sold, because they bring honor to her family's household. If they do not, they should be sold as firewood, land should be purchased with the proceeds, from which the husband is entitled to the benefit that accrues.
Halacha 24
When [a married woman] inherits produce that is still attached to the land [on which it is growing], it becomes her husband's [property].57 When the produce has been uprooted from the land, it should be sold and used to purchase landed property, from which her husband is entitled to the benefit that accrues.
When, however, a husband divorces his wife, and there was produce that was still attached to the ground, it belongs to the woman. If it has already been reaped, it belongs to the man.58
Halacha 25
A husband is obligated to provide for the sustenance and all the needs of the servants59 and livestock that belong to his wife and are classified as nichsei m'log. They must work for him, and he is entitled to the benefit that accrues. Therefore, a baby born to a maid classified as nichsei m'log belongs to the husband. And a calf born to a cow that is classified as nichsei m'log belongs to the husband.
If, however, the husband divorces his wife and she desires to pay the worth of a child born from a maidservant who is classified as nichsei m'log and take the child as her property because this brings honor to her family's household, she is given that prerogative.60
Halacha 26
[The following laws apply when] a woman brings two utensils or two maidservants to the household and has them classified as nichsei tzon barzel. They were [originally] evaluated at 1000 zuz; afterwards, their value increased and they were evaluated at 2000 zuz. If the woman's husband divorces her, she is entitled to one [utensil or maidservant] for the 1000 zuz that she is owed. With regard to the other - if she desires to pay its value and take it because of the honor it brings to her father's household, she has that prerogative.
Halacha 27
When a man gives a present to his wife - regardless of whether he gave her landed property, or he gave her money and she bought landed property - her husband is not entitled to the benefits that accrue from the present [that was given].61
Similarly, when a man gives a woman a present on the condition that her husband not be entitled to derive the benefits from it, but rather the benefits that accrue will belong to the wife to be used for whatever she desires,62 [the provision is binding, and] the husband is not entitled to the benefits that accrue from this present.
Similarly, if a woman sells the rights to her ketubah [in the event of her divorce or her husband's death],63 the money she receives belongs to her, and her husband is not entitled to derive the benefit that accrues from it.
Halacha 28
When a calf born from cattle that was classified as nichsei m'log is stolen, and the thief is apprehended and forced to pay twice the amount, the woman receives the extra payment. [The rationale is that] this is not the benefit that our Sages granted [the husband].64
Halacha 29
[The following rules apply when] a husband sells landed property [that he owns] to his wife. If the husband knew about the funds with which she purchased the land previously, the sale is binding,67 and the husband is entitled to the benefit that accrues from that land.
If, however, [the existence of] these funds was concealed, she does not acquire the land. For the husband may [explain that he did not really intend to complete the sale]. [His intent was] to reveal the existence of funds that his wife had hidden. The funds that were revealed should be used to purchase landed property,68 from which the husband is entitled to the benefits that accrue.69
Halacha 30
When funds or movable property are discovered in a woman's possession, and she claims that they were given her as a present, while her husband claims that they stem from the fruits of her labor and hence belong to him, it is the woman's claim that is accepted.70 [The husband] may, however, have a ban of ostracism [conditionally] issued against anyone who makes false statements.71[The funds should be used] to purchase landed property, from which [the husband] is entitled to the benefit that accrues.72
If the woman claims that the funds were given to her with the provision that her husband have no control over them, but rather that they be used for whatever purpose she desires, she must bring proof [that such a provision was made].73[The rationale is that] the prevailing assumption is that a husband has the right to the benefits from all the funds found in a woman's possession, unless she brings proof otherwise.
Halacha 31
If [a wife] tells [her husband]: "You gave me [these funds] as a present," she is required to take a Rabbinic oath that her husband gave her [the funds]. [After she takes that oath,] her husband is not entitled to the benefit [from the property purchased with these funds].74
Halacha 32
One should not accept an article for safekeeping that was given by a wife, a servant or a minor.75 If one transgressed and accepted [an article given by] a woman, one should return it to the woman.76 If she dies, one should return it to her husband.77
If one accepted [an article given by] a servant, one should return it to the servant. If he dies, one should return it to his master. If one accepted [an article given by] a minor, one should purchase a Torah scroll with the proceeds or an article that will provide [the minor] with benefit.78
[The following rules apply] with regard to all [the abovementioned individuals], if at the time of their death, they say: "The article I gave for safekeeping belongs to so and so." If the person caring for the article operates under the presumption that the person who entrusted it to him is true to his word, he should carry out the command he was given. If not, he should give [the article] to the person's heirs.
Halacha 33
[The following rules apply when] a woman has financial resources sufficient [to purchase property] from which the husband would derive the benefits [but they disagree with regard to the property fit to purchase]; he suggests that this type of property be purchased, and she desires that another type be purchased. A property should be purchased that brings a large revenue and requires little upkeep,79 regardless of whether this is the article desired by [the husband] or by [the wife]. We do not purchase any article that does not renew itself,80 lest the entire property be used and the principal lost.
Halacha 34
[The following rule applies when] a woman brings to her husband's household a goat [that she is entitled] to milk, a sheep [that she is entitled] to shear or a date palm whose fruit [she is entitled to take], although she is entitled only to these benefits [and not to the principal]. [Her husband] is entitled to [these benefits] although the principal is dwindling.81
Similarly, if she brought utensils or articles of clothing to his household that were classified as nichsei m'log, he may use them, wearing them or using them as spreads or as covers until the articles themselves are destroyed. If he divorces [his wife], he is not required to pay for any nichsei m'log that became worn out.
Halacha 35
The geonim [issued the following] ruling. A husband takes responsibility for the diminished value of nichsei tzon barzel. Nevertheless, if [such property] exists [at the time a woman's ketubah is due for payment,] and still serves its initial purpose, the woman must take it regardless of its condition at that time.82
If they are no longer fit to serve their initial purpose, it is as if they were stolen or lost, and the husband is obligated to pay the value appraised originally at the time of the marriage.
This is the common custom. Whenever a man marries, he accepts responsibility for [the woman's] dowry as contingent on this custom.83 On the basis of this custom, just as the husband does not pay for the depreciation of the article, so too, he does not take the appreciation of the property if it increases in value.
A husband has the right to compel some of the servants and maidservants who belong to his wife to serve him84 in the home of another woman he has married.85 [This applies] regardless of whether the servants are classified asnichsei m'log or nichsei tzon barzel. The husband may not, however, take these servants to another city without his wife's consent.
| FOOTNOTES | |
| 1. |
As explained in Chapter 12, Halachah 3 and notes, this is one of the four privileges our Sages granted a husband as part of the marriage contract. (See also Hilchot Nachalot 1:8.)
|
| 2. |
The second phase of marriage, nisu'in, does not start until the woman enters the chuppah, and it is only at that time that the marriage contract takes effect. Nevertheless, an exception is made in this instance, as explained in the following halachot and notes.
|
| 3. |
The Ramah (Even HaEzer 57:1) cites the opinion of the Tur and other Ashkenazic authorities, which is that the husband does not have a right to inherit his wife's dowry until it enters his possession.
|
| 4. |
Moreover, if the courtyard belongs to the husband, it is assumed that the couple entered for the sake of marriage, even when they do not explicitly state so. This is the view of all authorities, and the Maggid Mishneh explains that it is also shared by the Rambam.
|
| 5. |
If the courtyard belonged to her, this intent is understood even when it is not explicitly stated.
|
| 6. |
This law applies even if the widow is still a minor, as reflected in Chapter 3, Halachah 12.
|
| 7. |
Once she is met by her husband or his agents, however, he is entitled to inherit her estate.
|
| 8. |
See Chapter 1, Halachot 6 and 7; Chapter 4, Halachah 14.
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| 9. |
Or after she becomes divorced or widowed in her father's lifetime (Chapter 4, Halachot 7 and 8).
|
| 10. |
The rationale is that she is not entitled to a ketubah (Chapter 11, Halachah 4). Moreover, since she is not responsible for her actions, she has no right to transfer her property.
|
| 11. |
Although the Ra'avad objects to this ruling, the Shulchan Aruch (Even HaEzer 90:3) quotes the Rambam's view.
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| 12. |
Chapter 3, Halachah 13.
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| 13. |
See Chapter 14, Halachah 8.
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| 14. |
The advantage in the purchaser's continuing to own the land itself is that if the husband dies before his wife, her sale is binding, and the land becomes the purchaser's property. From this time onward, he is entitled to benefit from the land as well.
Rabbenu Asher differs with the Rambam on this issue and maintains that the husband has the right to take the property from the purchaser, even during his wife's lifetime. The Shulchan Aruch(Even HaEzer 90:9) follows the Rambam's view, while the Ramah quotes that of Rabbenu Asher.
|
| 15. |
Even the Ramah and Rabbenu Asher accept this ruling.
|
| 16. |
There is a difference of opinion with regard to this matter among the geonim, but all the later authorities accept this view. The rationale is that the husband's right to the land supersedes that of the purchaser. The money that the purchaser paid is considered to have become a debt owed him by the woman's estate, and the husband is not required to pay his wife's debts.
|
| 17. |
A husband is entitled to any ownerless object discovered by his wife. His claim is not accepted, however, if he states that money that appears to have come from the sale of property came from the discovery of a lost object. There is no need for witnesses to testify that this is the money from the sale. It is sufficient that it appears to be so. If, however, the money has been changed into a different coinage or currency, the husband is not required to return it (Maggid Mishneh).
|
| 18. |
In his Commentary on the Mishnah (Ketubot 8:2), the Rambam states that this refers to property located in the bride and groom's city or the surrounding locale, as opposed to property owned by her in more distant locales. It is questionable, however, if the same geographic restrictions apply in today's global village.
|
| 19. |
The Shulchan Aruch (Even HaEzer 90:11) states that preferably, a woman should not sell this property, because her husband is entitled to inherit it.
The commentaries explain that when the husband knows of his wife's financial holdings, it is an implicit part of the marriage contract - and perhaps part of his intent in entering into the marriage relationship - that he will inherit this property. When, however, he is unaware of her ownership of property, this motive cannot be given as the reason for his desire to enter this relationship.
It must be added that as soon as the husband becomes aware of this property, it is considered to be part of the woman's nichsei m'log and is bound by all the laws pertaining to such property (Shulchan Aruch, loc. cit.:12). Moreover, if the woman dies without selling this property, her husband is entitled to inherit it, although he was never aware of his wife's ownership of it during her lifetime.
|
| 20. |
The Tur (Even HaEzer 90) states that the woman has the full right to sell any property that she owned before she was consecrated. With regard to property that she acquired after she was consecrated, it is preferable that she not sell it - but if she sells it, the husband has no claim to it.
|
| 21. |
As explained in Hilchot Zechiyah UMatanah, slightly different rules apply if the woman signed over only a portion of her property.
|
| 22. |
Hilchot Zechiyah UMatanah 6:12. It is clearly obvious that the woman's intent in giving the present is to protect her holdings from being inherited by her husband.
|
| 23. |
In his gloss on Ketubot 79a, Rabbenu Nissim explains that the Rambam equates this provision with the one mentioned in the previous clause. The only difference between the two is one of tact. The provision in this clause is more gently worded, so that the intent to free the woman's holdings from her husband is less obvious.
|
| 24. |
Unlike the Rambam, Rabbenu Asher and other authorities maintain that the woman need not explicitly mention her consent to the present. All that is necessary is that she refrain from nullifying it.
|
| 25. |
Rabbenu Nissim asks, according to the approach of the Rambam (in contrast to the approach of Rabbenu Asher mentioned in the previous note): If the woman did not explicitly mention her consent to the present before her death, why does her husband have no right to inherit her property? The provision on which the present was based was never fulfilled.
Seemingly, this property can be compared to a woman's property of which her husband was unaware. As mentioned in the notes on the previous halachah, the husband has the right to inherit such property, and thus he should also inherit the property mentioned in this clause.
Rabbenu Nissim explains that since the Rambam maintains that a husband's right to inherit his wife's property is a Rabbinical ordinance, there is room for leniency when, as in the present case, it is obvious that the woman did not desire her husband to inherit her estate. Obviously motivated by the same question, but unwilling to offer such a resolution, Rav David Arameah explains that the Rambam's ruling applies in an instance when the woman in fact expressed her consent to the present before her death.
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| 26. |
As mentioned in the notes on Halachah 8, preferably a woman should not sell property she acquires after her consecration. One might think that the same principle applies to a yevamah, for she also shares a bond to her yavam. There is, however, a distinction between the two: a woman who is consecrated will most likely be married, while a yevamah may be freed from her obligation through chalitzah. Hence, there are no restrictions placed upon her with regard to the sale of her holdings.
|
| 27. |
The difference between nichsei m'log and nichsei tzon barzel is that with regard to nichsei m'log, the object itself belongs to the woman, while the property regarded as nichsei tzon barzel is considered to belong to her late husband. He was, however, obligated to pay his wife for the value designated at the time of marriage (Chapter 16, Halachah 1).
Since the nichsei tzon barzel are considered to belong to the yevamah's late husband's estate, one might think that the yavam would have a right to them. Hence, it is necessary to clarify that he is given this right only after marriage.
As mentioned by the Ra'avad and the Maggid Mishneh, most authorities differ with the Rambam on this point. The Maggid Mishneh maintains that the yavam is entitled to half of the benefit that accrues from the nichsei tzon barzel. This opinion is quoted by the Shulchan Aruch (Even HaEzer160:6). (The Rambam's opinion is also quoted, but it appears that the other opinion is favored.) The Ramah mentions the opinion of the Ra'avad which goes even further and gives the yavamrights to half the benefits of nichsei m'log that the yevamah acquired while she was married to her deceased husband.
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| 28. |
For this property belongs to her outright.
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| 29. |
A division is necessary because this property is considered to belong to the yevamah's late husband, as explained above. Therefore, his heirs have a claim to it. Nevertheless, since he died in his wife's lifetime, and she did not receive payment for this property, her own heirs also have a claim.
This ruling is also disputed by other authorities, who maintain that all the nichsei tzon barzel are considered the property of the husband's heirs, together with the woman's ketubah. The Shulchan Aruch (loc. cit.:7) quotes the Rambam's view, while the Ramah quotes that of the other authorities.
The Ramah also adds that these laws do not apply in the Ashkenazic community in the present era - or in other communities - where the rite of yibbum is not practiced, and instead, the yevamahis freed from her obligation through the rite of chalitzah. Since the yevamah will not marry theyavam, he has no rights with regard to her property.
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| 30. |
I.e., both the essential requirement of the ketubah and any additional amount added by her deceased husband.
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| 31. |
For our Sages associated a woman's burial with the inheritance of her ketubah (Chapter 12, Halachah 14).
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| 32. |
Even if the value of the property left by the deceased brother is many times the value of the woman's ketubah, none of the property may be sold, lest the remaining property be destroyed and the woman have difficulty collecting the money due her by virtue of her ketubah from the purchasers (Ketubot 81b).
|
| 33. |
I.e., since the produce requires the land, it is considered as if it were landed property, and the money received from the sale has the same status as the landed property mentioned in the previous halachah.
|
| 34. |
The Maggid Mishneh, the Rivash (Responsa 365 and 366), and the Shulchan Aruch (Even HaEzer 168:5) emphasize that the law stated by the Rambam applies only when the husband did not follow the suggestion (Chapter 16, Halachah 8) of stating explicitly in the ketubah that the woman may collect from movable property the money due her by virtue of her ketubah. (There are other authorities who differ with the Rambam and maintain that even if the provision is not stated explicitly in the woman's ketubah, the movable property should be sold and land purchased.)
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| 35. |
E.g., he died after he consecrated her, but before he consummated the marriage - in which instance, the woman is obligated to undergo either yibbum or chalitzah, and yet her deceased husband was not obligated to grant her a ketubah.
|
| 36. |
Since she has no claim to her deceased husband's property, she is not judged by the laws pertaining to a yevamah, but rather by those pertaining to other women.
|
| 37. |
If she sells the land to her husband, the sale is rescinded because she can claim that she did not sell it willingly; she did so only to appease her husband (Bava Batra 49b). If she sells the land to others, the sale is rescinded because her husband has a right to benefit from her property, and she cannot take away this right from him without his consent. If, however, the husband agrees to her sale, it is binding, as stated in Hilchot Mechirah 30:3).
Note the ruling of the Ramah (Even HaEzer 90:13), who writes that if the husband dies, the sale made by the woman is effective retroactively. (But see also the gloss of the Beit Shmuel 90:46.)
|
| 38. |
With regard to nichsei m'log, it is obvious that the husband's sale is of no consequence, for the woman owns this type of property. With regard to nichsei tzon barzel, which are considered to be the husband's property, there are authorities (e.g., the Ra'avad) who differ with the Rambam and maintain that the sale is valid until the time comes when the woman desires to collect the money due her by virtue of her ketubah.
The commentaries support the Rambam's opinion, explaining that even though the woman has the potential to expropriate the property afterwards by force of law, the sale should be nullified. For women are not comfortable presenting claims in court. If the sale were allowed to remain binding, the only way the woman could receive her due would be by lodging a legal claim. The Shulchan Aruch (Even HaEzer 90:13) quotes the Rambam's view.
|
| 39. |
If the woman is divorced, she is entitled to this property. Hence, the husband does not have the prerogative of selling it.
|
| 40. |
The husband is allowed to destroy this property through frequent use. Therefore, the woman does not rely on receiving this property, and thus if he sells it the sale is binding (Maggid Mishneh, gloss on Hilchot Mechirah 30:5; Chelkat Mechokek 90:45).
This is the opinion of the Rambam and Rabbenu Tam, and is quoted by the Shulchan Aruch (Even HaEzer 90:14). Rabbenu Asher, the Rashba and others differ and maintain that the sale is of no consequence. Their view is quoted by the Ramah.
|
| 41. |
Although both the husband and his wife have a share in the property, since the purchaser dealt with both of them, the sale is binding.
|
| 42. |
Since this property itself belongs to her, there is no reason for her husband to become upset if she does not desire to sell it to him.
|
| 43. |
See Chapter 23, Halachah 11; Hilchot Mechirah 30:3.
There is a difference of opinion among the Rabbis if similar laws apply when a woman waives her claim to property mentioned in her ketubah in favor of her husband. The Ra'avad and Rabbenu Asher maintain that her deed is of consequence, while the Rashba and the Ramban state that it is not. The Maggid Mishneh maintains that the Rambam subscribes to the latter view.
|
| 44. |
The Kessef Mishneh emphasizes that until the woman recants, the transaction is binding. The Beit Meir, however, objects, explaining that the Rambam's wording in Hilchot Mechirah 30:3 does not indicate such a distinction.
|
| 45. |
Her husband will pressure her by saying, "You are either planning my death or considering a divorce. Otherwise, you would not hesitate to sell this property to me" (Bava Batra 49b, 50a).
|
| 46. |
Even if he has a deed or witnesses that testify to the claim, his wife may also negate his claim based on the above rationale.
|
| 47. |
The Shulchan Aruch (Even HaEzer 90:16) states that if the woman explicitly accepts responsibility for the field if expropriated from the husband, then the transaction is binding.
|
| 48. |
Based on the Rambam's statements in Chapter 17, Halachah 19, it is questionable why witnesses are necessary. See Chelkat Mechokek 90:1, Beit Shmuel 90:6.
|
| 49. |
A husband is not obligated to pay for nichsei m'log that have been destroyed, lost or stolen, while in such situations, he is obligated to pay the original value for nichsei tzon barzel. Thus, by changing the status of her property, the woman is in effect waiving a financial obligation due her from her husband.
There is reason to say that just as a woman can say that she was forced to give or sell this property to her husband to appease him, she could also say that she was also forced to waive her husband's obligation in the loss or theft of this property. The Rambam, however, does not accept this rationale. Since this obligation is due only after the husband's death or divorce, there is nothing pressuring her husband to pay it. If he demands that his wife waive this obligation, she may refuse, asking him: "Is it because you want to divorce me that you are asking me to waive this obligation?" (Maggid Mishneh).
|
| 50. |
The Ra'avad objects to the Rambam's ruling. Nevertheless, it is the Rambam's decision which is accepted by the Shulchan Aruch (Even HaEzer 90:18).
|
| 51. |
If, at the outset, the husband sold the rights to benefit from the property for a lump sum, it is possible that all that money would be spent in a short period of time and that afterwards, there would be nothing left for household expenses (Chelkat Mechokek 85:41).
|
| 52. |
For their value is explicitly stated in the woman's ketubah and will be returned to her in the event of divorce or her husband's death.
|
| 53. |
For money that a woman acquires while married is automatically considered to be nichsei m'log.
|
| 54. |
In this way, the woman is assured that the principal will remain hers. If the husband desires to use the money for commercial enterprises, he may afterwards sell the right to benefit from the property, as mentioned in the previous halachah.
|
| 55. |
E.g., people other than her husband. If her husband himself injures her, he is not entitled to benefit from the proceeds of her property, as mentioned in Halachah 28.
|
| 56. |
Hilchot Chovel UMazik 4:15. As stated in that source, the husband also has a right to receive a certain portion of the damages as his own funds to which his wife has no right.
|
| 57. |
Although in most instances, produce that is still attached to land is considered equivalent to landed property, an exception is made in this case, because the husband is entitled to the benefit that accrues from his wife's property.
|
| 58. |
For he is entitled to receive all the benefit from her property throughout the duration of their marriage.
|
| 59. |
See Hilchot Avadim 9:7, which states that a husband does not have the prerogative of telling a servant: "Work for me, but I will not provide for your sustenance."
|
| 60. |
The Rambam's wording implies that the concept of maintaining the honor of one's household applies only with regard to the children of one's servants, and not to the offspring of one's livestock. See the Beit Shmuel 85:38, which quotes a difference of opinion among the Rabbis on this issue.
|
| 61. |
Bava Batra 51b states that a person who gives a present gives with a generous spirit. Therefore, we may assume that the husband gives the gift to his wife without wanting to restrict her in any way.
|
| 62. |
The specific wording of the provision that the giver must make is discussed in Hilchot Zechiyah UMatanah 3:13.
|
| 63. |
The person purchasing the rights to the woman's ketubah is taking a risk, because it is possible that she will die in her husband's lifetime and then he will not receive anything.
|
| 64. |
Our Sages entitled a husband to derive the benefit that would ordinarily accrue from property belonging to his wife - e.g., produce that grows on a field, rent from a home, labor from a servant. They did not grant him rights to benefits that arise from abnormal circumstances.
|
| 65. |
The Rambam does not mention two other payments that a person who inflicts an injury would ordinarily pay: shevet - reimbursement for the wages that were not earned during the period of convalescence, because the husband is entitled to his wife's wages - and ripui - payment for the medical treatment required, because a husband is always required to pay for his wife's medical care.
|
| 66. |
Hilchot Chovel UMazik 4:16. This differs from instances in which the injury is inflicted by other parties, in which case the husband also has a right to receive a certain portion of the damages as his own funds, to which his wife has no right.
|
| 67. |
The husband cannot claim that the funds belonged to him, but since he could not take them from his wife in any other way, he sold the property to her as a ruse. This applies even if he makes a definite claim (ta'anat bari) that the funds belong to him (Chelkat Mechokek 85:22,24).
|
| 68. |
This ruling depends on the halachah to follow, which states that a woman's claim is accepted with regard to money found in her possession.
|
| 69. |
The Rambam's ruling is cited by the Shulchan Aruch (Even HaEzer 85:9). The Ramah mentions the opinion of Rabbenu Asher, who states that if the husband makes a definite claim that the hidden funds belong to him, his claim is accepted.
|
| 70. |
The Jerusalem Talmud (Ketubot 6:1) states that a present will be spoken about. Therefore, the woman will be afraid to claim that she was given a present unless the claim was true.
|
| 71. |
He cannot, however, require his wife to take an oath unless he lodges a definite claim against her (Maggid Mishneh).
|
| 72. |
If, however, a woman was given responsibility to deal freely with the property belonging to her husband's household, and she claims that funds discovered in her possession belong to her privately, her claim is not accepted (Bava Batra 52b; Ramah, Even HaEzer 85:12).
|
| 73. |
Although the giving of a present will become public knowledge, the details of the present might not. Therefore, the woman is required to substantiate her statements. Otherwise, we assume that this present was given without any extraordinary conditions (Ma'aseh Rokeach).
The Maggid Mishneh mentions the opinion of the Rashba, who differs and maintains that the woman's claim is also accepted in this instance as well. This opinion is mentioned by the later authorities.
|
| 74. |
The rationale is that a woman will not be brazen enough to make false statements in her husband's presence with regard to a matter that he knows to be true (Maggid Mishneh).
|
| 75. |
For the likelihood is that the article belongs to the husband, master or father, respectively. It is forbidden to assist a person who takes property that is not his or her own. Moreover, if no one accepts the article for safekeeping, it is likely that it will be returned (Bava Batra 51b).
|
| 76. |
For there is no proof that the article was stolen.
|
| 77. |
For even if the article is rightfully hers, he inherits her property.
|
| 78. |
The entrusted article should not be given to the minor, for it is possible that he will not care for it properly and it will be destroyed (Rashbam, Bava Batra 52a).
|
| 79. |
In every society, the nature of the type of article purchased depends on the conditions prevalent at that time (Chelkat Mechokek 85:33).
|
| 80. |
The Hebrew literally means "whose bark is renewed" - i.e., reaping the benefits one year will not prevent them from being reaped in the future.
|
| 81. |
I.e., in this instance, the goat's milk is not sold and the money used to purchase property that produces benefit, but rather the goat's milk is used for the household.
|
| 82. |
Even if they are worth substantially less than they were originally.
|
| 83. |
As the Kessef Mishneh emphasizes, at different times and in different countries, other customs have prevailed. It is the prevalent custom in one's own locale that is binding.
|
| 84. |
The servants may be compelled to serve the husband; they may not, however, be compelled to serve his second wife (Beit Yosef, Even HaEzer 85).
|
| 85. |
For having the woman's servants serve her husband in his other wife's home, also elevates the woman's own standard of living (Ketubot 80b).
|
• Shabbat, Adar 9, 5775 · 02/28/2015
"Today's Day"
Torah lessons: Chumash: Tetzaveh, first parsha with Rashi.
Tehillim: 49-54.
Tanya: Ch. 29. There is yet (p. 123)...coarseness and crassness. (p. 125).
When someone walks the street and thinks words of Mishna or Tanya, or sits in his store with a Chumash or Tehillim - that is more valued today than it was when the streets were bright with the light of Torah. We must not go about in the street with a vacant heart.1 We must have some Torah memorized, to take with us into the street.
Torah lessons: Chumash: Vayikra, Shlishi with Rashi.
Tehillim: 49-54.
Tanya: For this purpose (p. 165)...of blessed memory. (p. 165).
In the b'racha Borei nefashot (p. 95), say al kol ma shebarata, "kol" with a cholam, not a kamatz.
The intense longing to be bound closely1 (to a Rebbe) can be satisfied only by learning maamarim of Chassidus which the Rebbe delivers as oral discourses and writes down; simply seeing him2 is not enough.
FOOTNOTES
*. On this day, in 5700 (1940), the Previous Rebbe o.b.m. arrived in the U.S.A. "The day marks the essential beginning of the 'dissemination of the wellsprings (of chassidus) to the outside' in this lower hemisphere"; a quotation - according to the memory of a listener - from the Rebbe of righteous memory, from a sicha of Shabbat Parshat Tetzaveh, 5745 (1985), in which the great significance and import of the day is explained at length.
1. See Sivan 24.
2. Lit. "Beholding his face."
Daily Thought:
Celebrating No Matter What
Some gripe that they cannot reach out for G-d‘s help because they are not worthy.
Others celebrate that they have a G‑d who answers their cries, regardless of how unworthy they may be.
_____________________________
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