Today in Jewish History:
• Passing of Kotzker Rebbe (1859)
Passing of Rabbi Menachem Mendel of Kotzk (1787-1859), renowned Chassidic leader, and forerunner of the "Ger" Chassidic dynasty.
• Rebbetzin Chaya Mushka Schneerson's Yahrtzeit (1988)
Rebbetzin Chaya Mushkah Schneerson (b. 1901), wife of the Lubavitcher Rebbe, passed away on the 22nd of Shevat of the year 5748 (1988). For more on the Rebbetzin, see link below. Chabad's annual international conference of sheluchot (woman "emissaries") is held on or near this date.
Links: An on-line biography; more on the Rebbetzin
Daily Quote:
Send forth your bread upon the surface of the water, for after many days you will find it[Ecclesiastes 11:1]
Daily Study:
Chitas and Rambam for today:
Chumash: Mishpatim, 4th Portion Exodus 22:27-23:5 with Rashi
• Chapter 22
27You shall not curse a judge, neither shall you curse a prince among your people. כזאֱלֹהִים לֹא תְקַלֵּל וְנָשִׂיא בְעַמְּךָ לֹא תָאֹר:
You shall not curse a judge: Heb. אֱלֹהִים. This is a warning against cursing God and a warning against cursing a judge. -[From Sanh. 66a] א-להים לא תקלל: הרי זו אזהרה לברכת השם, ואזהרה לקללת דיין:
28Your fullness offering and your heave offering you shall not delay; the firstborn of your sons you shall give Me. כחמְלֵאָתְךָ וְדִמְעֲךָ לֹא תְאַחֵר בְּכוֹר בָּנֶיךָ תִּתֶּן לִי:
Your fullness offering: The obligation that is incumbent upon you when your produce becomes fully ripe. This reference is to the first fruits (בִּכּוּרִים). -[From Onkelos, Mechilta, Temurah 4a] מלאתך: חובה המוטלת עליך כשתתמלא תבואתך להתבשל, והם בכורים:
and your heave offering: Heb. וְדִמְעֲ. [This is] the terumah [the first offering from the produce, which is given to the kohen] (Mechilta, Temurah 4a), but I do not know the etymology of דֶּמַע [which is the noun root of דִמְעֲ]. ודמעך: התרומה, ואיני יודע מהו לשון דמע:
you shall not delay: You shall not alter the sequence of their separation by delaying what should come first and advancing what should come later, namely that one may not advance terumah before bikkurim or tithes before terumah. -[From Mechilta] לא תאחר: לא תשנה סדר הפרשתן, לאחר את המוקדם ולהקדים את המאוחר, שלא יקדים תרומה לבכורים ומעשר לתרומה:
the firstborn of your sons you shall give Me: to redeem him from the kohen with five selas. Now did He not give the command concerning this elsewhere (Num. 18:16) ? But [it is written here] to juxtapose to it “So shall you do with your cattle and with your sheep,” [implying that] just as the firstborn of man is redeemed after thirty days, as it is said: “And his redemption, from a month old you shall redeem [him]” (Num. 18:16), so too with the firstborn of small cattle; one must care for it for thirty days and afterwards give it to the kohen. -[From Bech. 26b] בכור בניך תתן לי: לפדותו בחמש סלעים מן הכהן. והלא כבר צוה עליו במקום אחר, אלא כדי לסמוך לו כן תעשה לשורך, מה בכור אדם לאחר שלושים יום פודהו שנאמר (במדבר יח טז) ופדויו מבן חדש תפדה, אף בכור בהמה דקה [גסה] מטפל בו שלשים יום ואחר כך נותנו לכהן:
29So shall you do with your cattle and with your sheep: seven days it shall be with its mother, on the eighth day you may give it to Me. כטכֵּן תַּעֲשֶׂה לְשֹׁרְךָ לְצֹאנֶךָ שִׁבְעַת יָמִים יִהְיֶה עִם אִמּוֹ בַּיּוֹם הַשְּׁמִינִי תִּתְּנוֹ לִי:
seven days it shall be with its mother: This is a warning to the kohen, that if he wants to bring his sacrifice early, he may not bring it before eight [days] because it lacks the minimum time requirement. שבעת ימים יהיה עם אמו: זו אזהרה לכהן, שאם בא למהר את הקרבתו, לא ימהר קודם שמונה, לפי שהוא מחוסר זמן:
on the eighth day you may give it to Me: We may think that is obligatory for that day, [and if so, we would render: On the eighth day you shall give it to Me. That is not so, however, because] it says here, “eighth,” and it says further (Lev. 22:27), “and from the eighth day on it will be accepted.” Just as “the eighth day” mentioned further means to make [it] fit from the eighth day on, so does the eighth day mentioned here mean to make [it] fit from the eighth day on, and this is its meaning: on the eighth day you are permitted to give it to Me. -[From Mechilta] ביום השמיני תתנו לי: יכול יהא חובה לבו ביום, נאמר כאן שמיני, ונאמר להלן (ויקרא כב כז) ומיום השמיני והלאה ירצה, מה שמיני האמור להלן להכשיר משמיני ולהלן, אף שמיני האמור כאן להכשיר משמיני ולהלן, וכן משמעו וביום השמיני אתה רשאי ליתנו לי:
30And you shall be holy people to Me, and flesh torn in the field you shall not eat; you shall throw it to the dog[s]. לוְאַנְשֵׁי קֹדֶשׁ תִּהְיוּן לִי וּבָשָׂר בַּשָּׂדֶה טְרֵפָה לֹא תֹאכֵלוּ לַכֶּלֶב תַּשְׁלִכוּן אֹתוֹ:
And you shall be holy people to Me: If you are holy and abstain from the loathsomeness of [eating] carrion and mortally injured animals, you are Mine, but if not, you are not Mine. -[From Mechilta] ואנשי קדש תהיון לי: אם אתם קדושים ופרושים משקוצי נבלות וטרפות הרי אתם שלי, ואם לאו אינכם שלי:
and flesh torn in the field: [If the flesh was torn] in the house the law is the same, but the Scripture speaks of the usual occurrence, [i.e.,] the location where animals are usually torn. Similarly, “For he found her in the field” (Deut. 22:27), [i.e., the law is the same for any place where no one is around to rescue a betrothed woman who is violated; it is assumed that she cried out for help to no avail]. Similarly,” who will be unclean as a result of a nocturnal emission” (Deut. 23:11). The same applies to an emission that occurs during the day [that the person becomes unclean], but the Scripture speaks of the usual occurrence [Mechilta]. [Onkelos renders:] וּבְשַׂר ךְתְּלִישׁ מִן חֵיוָא חַייָא, [i.e., you cannot eat] flesh that was torn off through the tearing of a wolf or a lion from a kosher beast or from a kosher domestic animal while it was alive. ובשר בשדה טרפה: אף בבית כן, אלא שדיבר הכתוב בהווה, מקום שדרך בהמות ליטרף, וכן (דברים כב כז) כי בשדה מצאה, וכן (שם כג יא) אשר לא יהיה טהור מקרה לילה, הוא הדין מקרה יום, אלא שדיבר הכתוב בהווה. ואונקלוס תרגם ובשר תליש מן חיוא חיא, בשר שנתלש על ידי טרפת זאב או ארי, מן חיה כשרה או מבהמה כשרה בחייה:
you shall throw it to the dog[s]: He [the gentile] is also similar to a dog [in this context, namely that the treifah can be given or sold to him], or perhaps a dog is meant literally [that the treifah can be given only to a dog]? Therefore, the Torah states regarding carrion (נְבֵלָה [an animal that died without ritual slaughter]): “or sell [it] to a gentile” (Deut. 14:21). From this, we derive by a kal vachomer that from a treifah we are permitted to gain any type of benefit [except eating, of course]. If so, why does the Torah say “to the dogs” ? Because the Holy One, blessed is He, does not withhold the reward of any creature, as it is said: “But to all the children of Israel, not one dog will whet its tongue” (Exod. 11:7). Said the Holy One, blessed is He, “Give it its reward.” -[From Mechilta] לכלב תשליכון אותו: אף הגוי ככלב, או אינו אלא כלב כמשמעו, תלמוד לומר בנבלה (דב' יד כא) או מכור לנכרי, קל וחומר לטרפה שמותרת בכל הנאות. אם כן מה תלמוד לומר לכלב, למדך הכתוב שאין הקב"ה מקפח שכר כל בריה, שנאמר (שמות יא ז) ולכל בני ישראל לא יחרץ כלב לשונו, אמר הקב"ה תנו לו שכרו:
Chapter 23
1You shall not accept a false report; do not place your hand with a wicked person to be a false witness. אלֹא תִשָּׂא שֵׁמַע שָׁוְא אַל תָּשֶׁת יָדְךָ עִם רָשָׁע לִהְיֹת עֵד חָמָס:
You shall not accept a false report: Heb. לֹא תִשָׂא, as the Targum [Onkelos renders]: You shall not accept a false report. [This is] a prohibition against accepting slander (Mechilta, Pes. 118a, Mak. 23a), and for a judge [it dictates] that he should not hear the plea of one litigant until his opponent arrives (Mechilta, Sanh. 7b). לא תשא שמע שוא: כתרגומו לא תקבל שמע דשקר, אזהרה למקבל לשון הרע, ולדיין, שלא ישמע דברי בעל דין עד שיבא בעל דין חבירו:
do not place your hand with a wicked person: who files a false claim against his neighbor, for whom he had promised to be a false witness. אל תשת ידך עם רשע: הטוען את חבירו תביעת שקר, שהבטיחהו להיות לו עד חמס:
2You shall not follow the majority for evil, and you shall not respond concerning a lawsuit to follow many to pervert [justice]. בלֹא תִהְיֶה אַחֲרֵי רַבִּים לְרָעֹת וְלֹא תַעֲנֶה עַל רִב לִנְטֹת אַחֲרֵי רַבִּים לְהַטֹּת:
You shall not follow the majority for evil: There are [halachic] interpretations for this verse given by the Sages of Israel, but the language of the verse does not fit its context according to them. From here they [the Sages] expounded that we may not decide unfavorably [for the defendant] by a majority created by one judge. They interpreted the end of the verse: אַחִרֵי רַבִּים לְהַטֹת, “after the majority to decide,” [to mean] that if those [judges] voting [that the defendant is] guilty outnumber those voting [that the defendant is] innocent by two, the verdict is to be decided unfavorably according to their [the majority’s] opinion. The text speaks of capital cases [i.e., in regard to the death penalty] (Sanh. 2a). [Note that in monetary cases, the court requires a majority of only one judge in order to convict someone.] The middle of the verse וְלֹא-תַעִנֶה עַל-רִב, they [the Rabbis] interpreted like וְלֹא-תַעִנֶה עַל-רַב [and you shall not speak up against a master], meaning that we may not differ with the greatest of the court. Therefore, in capital cases they [the judges] commence [the roll call] from the side, meaning that they first ask the smallest [least esteemed] of them to express his opinion (Sanh. 32a). According to the words of our Sages, this is the interpretation of the verse: You shall not follow the majority for evil to condemn [a person] to death because of one judge, by whom those who declare [the defendant] guilty outnumber those who declare [him] innocent. And you shall not speak up against a master to deviate from his words. Because the “yud” [of רִיב, meaning quarrel] is missing, they interpreted it (רִב) in this manner [i.e., like (רַב)]. After the majority to decide [signifies that] there is, however, a majority after whom you do decide [the verdict]. When? If those [judges] who declare [the defendant] guilty outnumber by two those who declare him innocent. And since it says: “You shall not follow the majority for evil,” I deduce that you shall follow them [the majority] for good. From here they [the Rabbis] deduced that in capital cases, we decide through [a majority of] one for an acquittal and through [a majority of] two for a conviction. Onkelos renders [this verse]: Do not refrain from teaching what appears to you concerning a judgment. The Hebrew wording according to the Targum is interpreted as follows: And you shall not respond concerning a quarrel by turning away. If someone asks you something concerning the law, do not answer by turning aside and distancing yourself from the quarrel, but judge it honestly. I, however, say, [differing from the Rabbis and Onkelos] that it [the verse] should be according to its context. This is its interpretation: לא תהיה אחרי רבים לרעת: יש במקרא זה מדרשי חכמי ישראל, אבל אין לשון המקרא מיושב בהן על אופניו. מכאן דרשו שאין מטין לחובה בהכרעת דיין אחד, וסוף המקרא דרשו אחרי רבים להטות, שאם יש שנים במחייבין יותר על המזכין, הטה הדין על פיהם לחובה ובדיני נפשות הכתוב מדבר, ואמצע המקרא דרשו ולא תענה על ריב, על רב, שאין חולקין על מופלא שבבית דין, לפיכך מתחילין בדיני נפשות מן הצד, לקטנים שבהן שואלין תחלה, שיאמרו את דעתם. לפי דברי רבותינו כך פתרון המקרא לא תהיה אחרי רבים לרעות לחייב מיתה בשביל דיין אחד, שירבו המחייבין על המזכין ולא תענה על הרב לנטות מדבריו, ולפי שהוא חסר יו"ד דרשו בו כן. אחרי רבים להטת ויש רבים שאתה נוטה אחריהם, ואימתי, בזמן שהן שנים המכריעין במחייבין יותר מן המזכין, וממשמע שנאמר לא תהיה אחרי רבים לרעות שומע אני אבל היה עמהם לטובה, מכאן אמרו דיני נפשות מטין על פי אחד לזכות ועל פי שנים לחובה. ואונקלוס תרגם לא תתמנע מלאלפא מה דבעינך על דינא, ולשון העברי, לפי התרגום, כך הוא נדרש לא תענה על ריב לנטת אם ישאלך דבר למשפט, לא תענה לנטות לצד אחד ולסלק עצמך מן הריב, אלא הוי דן אותו לאמיתו. ואני אומר ליישבו על אופניו כפשוטו, כך פתרונו:
You shall not follow the majority for evil: If you see wicked people perverting justice, do not say, “Since they are many, I will follow them.” לא תהיה אחרי רבים לרעת: אם ראית רשעים מטין משפט, לא תאמר הואיל ורבים הם, הנני נוטה אחריהם:
and you shall not respond concerning a lawsuit to follow, etc.: And if the litigant asks you about that [corrupted] judgment, do not answer him concerning the lawsuit with an answer that follows those many to pervert the judgment from its true ruling But tell the judgment as it is, and let the neck iron hang on the neck of the many. [I.e., let the many bear the punishment for their perversion of justice.] ולא תענה על ריב לנטת וגו': ואם ישאל הנדון על אותו המשפט אל תעננו על הריב דבר הנוטה אחרי אותן רבים להטות את המשפט מאמתו אלא אמור את המשפט כאשר הוא, וקולר יהא תלוי בצואר הרבים:
3Neither shall you glorify a poor man in his lawsuit. גוְדָל לֹא תֶהְדַּר בְּרִיבוֹ:
Neither shall you glorify: You shall not bestow honor upon him [the destitute man] by deciding in his favor in his lawsuit, saying, “He is a poor man; I will decide in his favor and honor him.” לא תהדר: לא תחלוק לו כבוד לזכותו בדין ולומר דל הוא, אזכנו ואכבדנו:
4If you come upon your enemy's bull or his stray donkey, you shall surely return it to him. דכִּי תִפְגַּע שׁוֹר אֹיִבְךָ אוֹ חֲמֹרוֹ תֹּעֶה הָשֵׁב תְּשִׁיבֶנּוּ לוֹ:
5If you see your enemy's donkey lying under its burden would you refrain from helping him? You shall surely help along with him. הכִּי תִרְאֶה חֲמוֹר שׂנַאֲךָ רֹבֵץ תַּחַת מַשָּׂאוֹ וְחָדַלְתָּ מֵעֲזֹב לוֹ עָזֹב תַּעֲזֹב עִמּוֹ:
If you see your enemy’s donkey: Heb. כִּי תִרְאֶה. [The word] כִּי serves as an expression of “perhaps,” which is [one] of the four meanings for which כִּי is used (R.H. 3a). This is its meaning: Will you perhaps see his donkey lying under its burden… ? - כי תראה חמור שונאך וגו': הרי כי משמש בלשון דלמא, שהוא מארבע לשונות של שמושי כי וכה פתרונו שמא תראה חמורו רובץ תחת משאו:
would you refrain from helping him?: This is the interrogative. וחדלת מעזב לו: בתמיה:
You shall surely help along with him: Heb. עָזֹב ךְתַּעִזֹב עִמוֹ. This עִזִיבָה is an expression of help, and similarly, “restrained or assisted (וְעָזוּב) ” (Deut. 32:36, I Kings 14:10), and similarly, “and they strengthened (וַיַּעַזְבוּ) Jerusalem until the… wall” (Neh. 3:8), [which means] they filled it with earth to strengthen and reinforce the strength of the wall. Similarly, [following Rashi’s rendering that the word כִּי means “perhaps,”] “Will you perhaps כִּי say in your heart, ‘These nations are more numerous than I’” (Deut. 7:17) ? Will you perhaps say so? This is the interrogative. [The verse thus tells you:] “Do not fear them.” Midrashically, our Rabbis interpreted it [the verse] as follows: If you see…, you may refrain; [meaning that] sometimes you may refrain [from helping someone], and sometimes you must help. How so [can this be judged]? An elder who [finds it] beneath his dignity [to unload a donkey]- “You may refrain” (Mechilta d’Rabbi Shimon ben Yochai, Midrash Hagadol). Or if the animal belongs to a gentile and the burden belongs to an Israelite, you may refrain. -[From Mechilta, B.M. 32b] עזב תעזב עמו: עזיבה זו לשון עזרה, וכן (דברים לב לו) עצור ועזוב, וכן (נחמיה ג ח) ויעזבו ירושלם עד החומה, מלאוה עפר לעזוב ולסייע את חוזק החומה. כיוצא בו (דברים ז יז) כי תאמר בלבבך רבים הגוים האלה ממני וגו', שמא תאמר כן, בתמיה, לא תירא מהם. ומדרשו, כך דרשו רבותינו כי תראה וחדלת פעמים שאתה חדל ופעמים שאתה עוזר. הא כיצד, זקן ואינו לפי כבודו, וחדלת, או בהמת נכרי ומשאוי ישראל, וחדלת:
You shall surely help along with him: to unload the burden (Mechilta, B.M. 32a). [Onkelos renders לוֹ מֵעִזֹב] מִלְמִשְׁקַל לֵה, from taking the burden off it. עזב תעזב עמו: לפרק המשא. מלמשקל ליה, מליטול משאוי ממנו:
Daily Tehillim: Psalms Chapters 106 - 107
• Chapter 106
The psalmist continues the theme of the previous psalm, praising God for performing other miracles not mentioned previously, for "who can recount the mighty acts of God?" Were we to try, we could not mention them all!
1. Praise the Lord! Praise the Lord for He is good, for His kindness is everlasting.
2. Who can recount the mighty acts of the Lord, or proclaim all His praises?
3. Fortunate are those who preserve justice, who perform deeds of righteousness all the time.
4. Remember me, Lord, when You find favor with Your people; be mindful of me with Your deliverance;
5. to behold the prosperity of Your chosen, to rejoice in the joy of Your nation, to glory with Your inheritance.
6. We have sinned as did our fathers, we have acted perversely and wickedly.
7. Our fathers in Egypt did not contemplate Your wonders, they did not remember Your abundant kindnesses, and they rebelled by the sea, at the Sea of Reeds.
8. Yet He delivered them for the sake of His Name, to make His strength known.
9. He roared at the Sea of Reeds and it dried up; He led them through the depths, as through a desert.
10. He saved them from the hand of the enemy, and redeemed them from the hand of the foe.
11. The waters engulfed their adversaries; not one of them remained.
12. Then they believed in His words, they sang His praise.
13. They quickly forgot His deeds, they did not wait for His counsel;
14. and they lusted a craving in the desert, they tested God in the wilderness.
15. And He gave them their request, but sent emaciation into their souls.
16. They angered Moses in the camp, and Aaron, the Lord's holy one.
17. The earth opened and swallowed Dathan, and engulfed the company of Abiram;
18. and a fire burned in their assembly, a flame set the wicked ablaze.
19. They made a calf in Horeb, and bowed down to a molten image.
20. They exchanged their Glory for the likeness of a grass-eating ox.
21. They forgot God, their savior, Who had performed great deeds in Egypt,
22. wonders in the land of Ham, awesome things at the Sea of Reeds.
23. He said that He would destroy them-had not Moses His chosen one stood in the breach before Him, to turn away His wrath from destroying.
24. They despised the desirable land, they did not believe His word.
25. And they murmured in their tents, they did not heed the voice of the Lord.
26. So He raised His hand [in oath] against them, to cast them down in the wilderness,
27. to throw down their progeny among the nations, and to scatter them among the lands.
28. They joined themselves to [the idol] Baal Peor, and ate of the sacrifices to the dead;
29. they provoked Him with their doings, and a plague broke out in their midst.
30. Then Phineas arose and executed judgement, and the plague was stayed;
31. it was accounted for him as a righteous deed, through all generations, forever.
32. They angered Him at the waters of Merivah, and Moses suffered on their account;
33. for they defied His spirit, and He pronounced [an oath] with His lips.
34. They did not destroy the nations as the Lord had instructed them;
35. rather, they mingled with the nations and learned their deeds.
36. They worshipped their idols, and they became a snare for them.
37. They sacrificed their sons and daughters to demons.
38. They spilled innocent blood, the blood of their sons and daughters whom they sacrificed to the idols of Canaan; and the land became guilty with blood.
39. They were defiled by their deeds, and went astray by their actions.
40. And the Lord's wrath blazed against His people, and He abhorred His inheritance;
41. so He delivered them into the hands of nations, and their enemies ruled them.
42. Their enemies oppressed them, and they were subdued under their hand.
43. Many times did He save them, yet they were rebellious in their counsel and were impoverished by their sins.
44. But He saw their distress, when He heard their prayer;
45. and He remembered for them His covenant and He relented, in keeping with His abounding kindness,
46. and He caused them to be treated mercifully by all their captors.
47. Deliver us, Lord our God; gather us from among the nations, that we may give thanks to Your Holy Name and glory in Your praise.
48. Blessed is the Lord, the God of Israel, forever and ever. And let all the people say, "Amen! Praise the Lord!"
Chapter 107
This psalm speaks of those who are saved from four specific perilous situations(imprisonment, sickness, desert travel, and sea travel) and must thank God, for their sins caused their troubles, and only by the kindness of God were they saved. It is therefore appropriate that they praise God and tell of their salvation to all.
1. Give thanks to the Lord for He is good, for His kindness is everlasting.
2. So shall say those redeemed by the Lord, those whom He redeemed from the hand of the oppressor.
3. He gathered them from the lands-from east and from west, from north and from the sea.
4. They lost their way in the wilderness, in the wasteland; they found no inhabited city.
5. Both hungry and thirsty, their soul languished within them.
6. They cried out to the Lord in their distress; He delivered them from their afflictions.
7. He guided them in the right path to reach an inhabited city.
8. Let them give thanks to the Lord, and [proclaim] His wonders to the children of man,
9. for He has satiated a thirsting soul, and filled a hungry soul with goodness.
10. Those who sit in darkness and the shadow of death, bound in misery and chains of iron,
11. for they defied the words of God and spurned the counsel of the Most High-
12. He humbled their heart through suffering; they stumbled and there was none to help.
13. They cried out to the Lord in their distress; He saved them from their afflictions.
14. He brought them out of darkness and the shadow of death, and sundered their bonds.
15. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man,
16. for He broke the brass gates and smashed the iron bars.
17. Foolish sinners are afflicted because of their sinful ways and their wrongdoings.
18. Their soul loathes all food, and they reach the gates of death.
19. They cried out to the Lord in their distress; He saved them from their afflictions.
20. He sent forth His command and healed them; He delivered them from their graves.
21. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
22. Let them offer sacrifices of thanksgiving, and joyfully recount His deeds.
23. Those who go down to the sea in ships, who perform tasks in mighty waters;
24. they saw the works of the Lord and His wonders in the deep.
25. He spoke and caused the stormy wind to rise, and it lifted up the waves.
26. They rise to the sky, plunge to the depths; their soul melts in distress.
27. They reel and stagger like a drunkard, all their skill is to no avail.
28. They cried out to the Lord in their distress, and He brought them out from their calamity.
29. He transformed the storm into stillness, and the waves were quieted.
30. They rejoiced when they were silenced, and He led them to their destination.
31. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
32. Let them exalt Him in the congregation of the people, and praise Him in the assembly of the elders.
33. He turns rivers into desert, springs of water into parched land,
34. a fruitful land into a salt-marsh, because of the wickedness of those who inhabit it.
35. He turns a desert into a lake, and parched land into springs of water.
36. He settles the hungry there, and they establish a city of habitation.
37. They sow fields and plant vineyards which yield fruit and wheat.
38. He blesses them and they multiply greatly, and He does not decrease their cattle.
39. [If they sin,] they are diminished and cast down through oppression, misery, and sorrow.
40. He pours contempt upon distinguished men, and causes them to stray in a pathless wilderness.
41. He raises the needy from distress, and makes their families [as numerous] as flocks.
42. The upright observe this and rejoice, and all the wicked close their mouth.
43. Let him who is wise bear these in mind, and then the benevolent acts of the Lord will be understood.
Tanya: Likutei Amarim, end of Chapter 26• Lessons in Tanya
• Likutei Amarim, end of Chapter 26
The Alter Rebbe now goes on to discuss a different type of sadness, that caused by one’s failings in matters of the spirit.
אך העצבות ממילי דשמיא, צריך לשית עצות בנפשו ליפטר ממנה
As for sadness connected with heavenly matters, one must seek ways and means of freeing oneself from it.
אין צריך לומר בשעת עבודה, שצריך לעבוד ה‘ בשמחה ובטוב לבב
That this applies to the time of one’s divine service, is self-evident, for one must serve G‑d with joy and gladness of heart.
אלא אפילו מי שהוא בעל עסקים ודרך ארץ, אם נופל לו עצב ודאגה ממילי דשמיא בשעת עסקיו
But even one who is occupied in business and worldly affairs, should there descend upon him any sadness or anxiety about heavenly matters during his business affairs,
בידוע שהוא תחבולת היצר, כדי להפילו אחר כך בתאוות, חס ושלום, כנודע
it is certainly a trick of the Evil Inclination which saddens him, ostensibly for spiritual reasons, in order to lure him afterwards into lusts, G‑d forbid, as is well known.
It is man’s nature to seek pleasure and not to remain depressed. If his feeling of spiritual failure distresses him, he will seek his pleasure in physical gratification. The Evil Inclination therefore wishes that one be depressed, be it even over spiritual matters, so that he will later succumb to temptation.
שאם לא כן, מאין באה לו עצבות אמיתית, מחמת אהבת ה‘ או יראתו, באמצע עסקיו
For if it were not so, that this depression is the doing of the Yetzer Hara, whence would a genuine sadness, one that is derived from love or fear of G‑d, come to him in the midst of his business affairs?
Since a genuine sadness is an expression of love or fear of G‑d, it should express itself at a time when these emotions are active — during prayer, Torah study and the like, but not during one’s business. Clearly, then, the sadness is artificial, created by the Yetzer Hara for its own purposes, and one must therefore rid himself of it. The next paragraph provides the means:
והנה, בין שנפלה לו העצבות בשעת עבודה בתלמוד תורה או בתפלה, ובין שנפלה לו שלא בשעת עבודה, זאת ישים אל לבו
Whether the depression settles upon him during his service of G‑d in Torah study or prayer, or when he is not engaged thus, but with his material affairs, this is what he should consider:
כי אין הזמן גרמא כעת לעצבות אמיתית, אפילו לדאגת עונות חמורים, חס ושלום
“Now is not the proper time for genuine sadness, nor even for worry over grave sins, G‑d forbid.
רק לזאת צריך קביעות עתים ושעת הכושר בישוב הדעת, להתבונן בגדולת ה’ אשר חטא לו
For this one must set aside opportune times, when the mind is calm, to reflect on the greatness of G‑d against Whom he has sinned,
כדי שעל ידי זה יהיה לבו נשבר באמת במרירות אמיתית, וכמבואר עת זו במקום אחר
so that thereby his heart will truly be rent with genuine bitterness i.e., bitterness — remorse — as opposed to depression; the former is alive and active, while the latter is resigned and ”dead“. It is explained elsewhere when this time should be.1
ושם נתבאר גם כן כי מיד אחר שנשבר לבו בעתים קבועים ההם, אז יסיר העצב מלבו לגמרי
There it is also explained that immediately after his heart has been broken during those appointed times, he should completely remove the sorrow from his heart,
ויאמין אמונה שלימה כי ה‘ העביר חטאתו, ורב לסלוח
and he should believe with perfect faith that G‑d has erased his sin, and that ”He pardons abundantly.“
Thus, even if one has sinned repeatedly against Him, G‑d will readily forgive him as though he had sinned for the first time; unlike man, who easily forgives a first offense but finds it difficult to do so when the offense is oft repeated.
וזו היא השמחה האמיתית בה’ הבאה אחר העצב, כנ״ל
This knowledge that G‑d has surely cleansed him of his sins is the true joy in G‑d which follows the sadness, as explained above —that the advantage of sadness lies in the joy to which it gives rise.
| FOOTNOTES | |
| 1. | See Iggeret HaTeshuvah, chs. 7, 11. |
Rambam:
• Sefer Hamitzvos:
Shevat 22, 5775 · February 11, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 171Giving a Half Shekel
• 1 Chapter: Kri'at Shema Kri'at Shema - Chapter One
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Giving a Half Shekel
Giving a Half Shekel
Positive Commandment 171
Translated by Berel Bell
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, "[Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
FOOTNOTES
1.Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2.Ex. 30:12-13.
Kri'at Shema - Chapter One
"Oh, how I love Your Torah. It is what I discuss the entire day." (Psalms 119:97)
Halacha 1
We [are obligated to] recite the Shema twice daily - in the evening and in the morning - as [Deuteronomy 6:7] states: "...when you lie down and when you rise" - i.e., when people are accustomed to sleep - this being the night - and when people are accustomed to rise, this being daytime.
Halacha 2
And what is it that one recites? These three sections:
"Hear O Israel..." (Deuteronomy 6:4-9),
"And if you will listen..." (Deuteronomy 11:13-21),and
"And God said..." (Numbers 15:37-41).
"And if you will listen..." (Deuteronomy 11:13-21),and
"And God said..." (Numbers 15:37-41).
We begin with the section of "Hear O Israel" since it contains [the concept of] the unity of God, [the commandment of] loving Him and the study of Torah, it being a fundamental principle upon which everything is based.
After it, [we read] "And if you will listen...," since it contains the imperative to fulfill the rest of the commandments, and finally the portion of tzitzit, since it also contains the imperative of remembering all the commandments.
Halacha 3
The commandment of tzitzit is not obligatory at night. Nevertheless, we recite [the section describing] it at night because it contains mention of the exodus from Egypt.
We are commanded to mention the exodus both during the day and at night as [Deuteronomy 16:3] states: "In order that you shall remember the day of your leaving the land of Egypt all the days of your life."
Reading these three sections in this order constitutes the recitation of theShema.
Halacha 4
When reciting the Shema, after completing the first verse, one says quietly "Blessed be the name of the glory of His Kingdom forever." He then continues to read the first section in its normal fashion: "And you shall love God, your Lord..."
Why do we read it in this fashion? It is our tradition that when the patriarch, Jacob, gathered all his sons together in Egypt close to his death, he commanded and urged them regarding the Unity of God and the path of God upon which Abraham and Isaac, his father, had tread.
He asked them: "My sons, perhaps there are dregs among you, one who does not stand with me in the Unity of God?" This is comparable to the manner in which Moses, our teacher, said to us: "Lest there be among you a man or woman [whose heart turns this day from God...]" (Deuteronomy 29:17).
They all answered and said: "Listen, Israel, God is our Lord, God is One," i.e., listen to us, Israel, our father, God is our Lord, God is One.
The wise elder responded: "Blessed be the Name of the Glory of His Kingdom forever." Therefore, the Jews are accustomed to utter the praise that Israel, the wise elder, uttered after this verse.
Halacha 5
Blessings are recited before and after Kri'at Shema. In the day, one recites two blessings before it and one after it. At night, one recites two blessings before and two blessings after it.
Halacha 6
The first blessing preceding [the Shema] in the day [begins: "Blessed are You, God...], the One who forms the light and creates darkness,..." The second blessing [begins with]: "With everlasting love, You have loved us..."
[The Shema] is followed by [the section beginning] "True and certain..."
The first blessing preceding [the Shema] at night [begins: "Blessed are You, God...], the One who brings the evening,..." and the second [begins] "With everlasting love, You have loved Your people Israel." The first blessing after [the Shema] is [the section begining] "True and faithful..." and the second [begins] "Lay us down..."
Halacha 7
The first blessing preceding [the Shema], both in the day and at night, begins "Blessed [are You, God, our Lord...]" and concludes "Blessed [are You, God]..." The rest of the blessings all conclude with "Blessed [are]...," but do not begin "Blessed [are]..."
These blessings and all the rest of the blessings familiar to the Jewish people were instituted by Ezra, the scribe, and his court. One may not detract from them or add to them.
In every instance that they decreed to conclude with "Blessed...," one may not omit this conclusion. Where they decreed not to conclude [with "Blessed..."], one may not conclude with it. Where they decreed not to begin with "Blessed," one may not begin with it. Where they decreed to begin [with "Blessed..."], one may not omit it.
The general principle is that anyone who deviates from the set form of blessings established by the Sages is mistaken and must recite the blessing again in its proper form.
Anyone who does not say [the paragraph of] "True and certain..." in the morning prayer or [the paragraph of] "True and faithful..." in the evening prayer does not fulfill his obligation.
Halacha 8
One who recites the second blessing before the first, whether in the day or at night, or whether the transposed blessings are recited before or after Kri'at Shema, fulfills his obligation, since there is no absolute order to the blessings.
A person who begins with "...the One who forms the light..." and concludes with "...the One who brings the evenings" in the morning prayer does not fulfill his obligation.
Were he to begin with "...the One who brings the evenings" and conclude with "...the One who forms the light", he would fulfill his obligation. Were he to begin with "...the One who brings the evenings" ...and conclude with "...the One who forms the light" in the evening, he would not fulfill his obligtation.
If he begins with "...the One who forms light" and concludes with "...the One who brings the evenings" - he fulfills his obligation since all blessings are defined by their conclusions.
Halacha 9
When is the [proper] time for the recitation of Shema at night? The commandment [starts] from the time of the appearance of the stars...
A person who transgresses and delays fulfills his obligation if he recites [the Shema] before dawn. [The Sages established the limit] of midnight only in order to distance us from negligent wrongdoing.
Halacha 10
One who reads the Shema [of the night] after dawn, [but] before sunrise, does not fulfill his obligation unless he was unavoidably detained - e.g., drunk or sick, or in a similar situation. A person who was so detained and reads [the Shema] at this time does not recite [the blessing of] "Lay us down."
Halacha 11
When is the proper time [for the recitation of the Shema] during the day? The commandment is that one should start to read before sunrise in order to conclude and recite the last blessing with the sunrise. This measure [of time] is one-tenth of an hour before the sun rises.
A person who delays and reads the Shema after the sun rises fulfills his obligation, for the proper time is until the end of the third hour of the day for one who transgresses and delays.
Halacha 12
One who is overhasty and recites the Shema of the morning prayers after dawn, even though he finishes before sunrise, fulfills his obligation. In extraordinary circumstances - e.g., one who rises early in order to travel - one may recite it at the outset from dawn.
Halacha 13
One who recited [the Shema] after [the end of] the third hour, even if he was unavoidably detained, does not fulfill his obligation to recite the Shema at its proper time. He can be compared to one who studies Torah.
He should recite the blessings preceding it and after it all day, even if he delays and recited it after [the end of] the third hour.
Commentary Halacha 1
We [are obligated to] recite the Shema twice daily, in the evening and in the morning - as [Deuteronomy 6:7] states: "...when you lie down and when you rise" - In Sefer HaMitzvot (Positive Commandment 10), the Rambam mentions the beginning of this verse, ודברת בם... (And you shall speak of them...) as the source for the mitzvah of Kri'at Shema.
Nevertheless, his statements in this halachah do not necessarily represent a change of mind. Here, the Rambam is not interested in the actual source for the mitzvah itself (which is the case in Sefer HaMitzvot), but in stating our obligation to recite the Shema twice daily, once at night and once in the daytime. This is derived from the end of the verse, as mentioned by the Rambam.
in the evening and in the morning - The obligation to recite the Shema at night is mentioned first both in the Mishnah,Berachot 1:1 and here in theMishneh Torah, following the pattern mentioned in the verse quoted above: "...when you lie down and when you rise."
Berachot 3a understands this order as parallel to the creation of the world itself which began: ויהי ערב ויהי בקר (And then there was night and there was day...,Genesis 1:5). (See also the Rambam's commentary on the Mishnah, Berachot1:1.)
i.e., when people are accustomed to sleep - this being the night - and when people are accustomed to rise - this being daytime. - The Mishnah (Berachot10b) records a disagreement between the school of Shammai and the school of Hillel regarding the laws derived from the verse: "... and when you lie down and when you rise."
Both agree that the Shema is recited twice daily, once at night and once in the morning. However, based on the above verse, Beit Shammai obligates one to recline while reciting Kri'at Shema at night, and to stand while reciting it in the morning. Beit Hillel holds that the verse simply establishes the general times at which the Shema is recited, as stated by the Rambam in this halachah; i.e., at the time that people sleep and at the time that they are accustomed to wake up.
Commentary Halacha 2
And what is it that one recites? - There are various opinions as to what constitutes the positive commandment of Kri'at Shema. Sefer HaChinuch(Commandment 419) states clearly that the Torah obligates us to read only the first verse of the Shema - i.e., Shema Yisrael. The reading of the rest of the three sections was instituted by the Sages.
Rabbenu Yonah understands that the whole first section constitutes the Torah obligation. (See Beit Yosef, Orach Chayim 63 at the end.) There is also an opinion that the obligation to recite the first two sections originates in the Torah. (See Shulchan Aruch HaRav, Orach Chayim 58.) However, in practice, everyone ultimately agrees that one must recite all three sections mentioned by the Rambam in this halachah (Berachot 13a).
These three sections: "Hear O Israel..." (Deuteronomy 6:4-9), "And if you will listen..." (Deuteronomy 11:13-21) and "And God said..." (Numbers 15:37-41). - For, as explained, each of these paragraphs contains fundamental concepts central to the Jewish faith.
Note Sefer HaChinuch (Commandment 420) who quotes the Rambam, not to explain the order of Kri'at Shema, but rather to clarify why the Sages included these three sections in the Shema.
we begin with the section of "Hear O Israel..." - Berachot 13a, 14b, offers two different explanations regarding the order of Kri'at Shema. The Rambam, however, does not quote either explicitly, but rather seems to suggest his own reason.
The Kessef Mishneh holds that the Rambam's explanation of the order of the first two sections, "Hear O Israel" and "And if you will listen," is in fact consistent with the Mishnah in Berachot 13a. Regarding the last section, the Rambam desired to supply us with both the reason for its inclusion and its placement after the second section (even though the third section precedes it in the Torah itself).
since it contains [the concept of] the unity of God - The statement "God is our Lord, God is one" implies not only that there is only one God, but all creation is one with Him. See Shulchan Aruch, Orach Chayim 61:6.
[the commandment of] loving Him - "And you shall love God, your Lord, with all your heart, with all your soul and with all your strength" (Deuteronomy 6:5).
the study of Torah - "... and you shall teach your children and speak of them" (Deuteronomy 6:7).
It must be noted that in Hilchot Talmud Torah, the Rambam quotesDeuteronomy 11:19 (a verse in the second section of the Shema), as the source for the mitzvah of Torah study.
it being a fundamental principle upon which everything is based - This refers to the concept of the unity of God. (See Hilchot Yesodei HaTorah 1:6.)
After it [we read] "And if you will listen...," since it contains the imperative to fulfill the rest of the commandments - "And if you will listen to all my commandments..." (Deuteronomy 11:13). This section also contains the commandment of loving God (verse 13) and the study of Torah (verse 19). It is, however, the mention of "all the commandments" which distinguishes this section as separate and unique from the first section.
and finally the portion of tzitzit, since it also contains the imperative of remembering all the commandments - "And you shall see them (tzitzit - the fringes on the corners of four-cornered garments) and remember all the commandments of God and do them" (Numbers 15:39).
Rashi, in his commentary on the above verse, explains how tzitzit serve as a reminder of all the Torah's commandments. The numerical value of the Hebrew word ציצית is 600 (צ = 90 י = 10 צ = 90 י = 10 ת = 400) There are also eight strings and five knots. Therefore, by looking at the tzitzit, one is reminded of the 613 divine commandments.
Commentary Halacha 3
The commandment of tzitzit is not obligatory at night - Numbers 15:39states: "And you shall see them..." - implying that tzitzit must only be worn when they can be seen, i.e., daytime. Accordingly, there is no obligation to wear tzitzitat night. See Hilchot Tzitzit 3:7-8.
Nevertheless, we recite [the section describing] it at night because it mentions the exodus from Egypt - "I am God, your Lord, who took you out of the land of Egypt to be your Lord, I am God, your Lord" (Numbers 15:41).
The Kessef Mishneh explains that the mention of the exodus can itself be understood as the reason for the inclusion of this section in Kri'at Shema. The Rambam, however, mentions tzitzit as the basis for the presence of this section in Kri'at Shema (see Halachah 2), since it is the tzitzit that cause us to remember all the commandments.
We are commanded to mention the exodus from Egypt both during the day and at night - See Berachot 12b.
It is interesting to note that in Sefer HaMitzvot, the Rambam does not count the mentioning of the exodus from Egypt as one of the 613 commandments in the Torah, nor does he mention it elsewhere in the Mishneh Torah.
The Rambam does, however, count the commandment of the telling of the story of the exodus on the fifteenth of Nisan - i.e., Passover night - as one of the mitzvot. See Sefer HaMitzvot (Positive Commandment 157), Sefer HaChinuch (Mitzvah 21), and Hilchot Chametz U'Matzah, Chapters 7 and 8.
According to some opinions, one can differentiate between the two obligations as follows: A person can fulfill his daily obligation with simply a thought about the exodus, whereas on Pesach night the mitzvah can be performed only through the verbal description of the redemption from Egypt. (See Sha'agat Aryeh, 13.)
This would explain the omission of this commandment from Sefer HaMitzvot. A commandment that can be fulfilled with a thought alone and not an explicit statement or action is not "worthy" of inclusion in the list of 613 commandments of the Torah. (See the Rambam's explanation of the commandment to remember Amalek: Positive Commandment 189).
The Aruch HaShulchan, however, disagrees with this opinion. In Orach Chayim67, he states that even the daily obligation requires an explicit statement. Nevertheless, he explains that it was not chosen as one of the 613 commandments because the obligation to remember the exodus twice daily is not stated in the form of a command in the Torah to "Remember," but rather, as a reason for another mitzvah (the mitzvah of matzah): "In order that you shall remember..." (Deuteronomy 16:3).
all the days of your life - The word "all" includes even the nighttime.
The Zohar (Parshat Vayakhel 216b) explains the mystical significance of mentioning the exodus from Egypt after proclaiming the unity of God.
The reading of these three sections in this order constitutes the recitation of the Shema. - The Jerusalem Talmud (Berachot 1:5) mentions that the sections of Kri'at Shema also contain a reference to each of the 10 utterances of the revelation at Mount Sinai (Exodus 20:1-14), thus representing a complete statement of Jewish spirituality and values.
Commentary Halacha 4
When reciting the Shema, after completing the first verse, one says quietly: "Blessed be the name of the glory of His Kingdom forever." - This phrase is recited quietly because it is not part of the section of the Shema as it appears in the Torah, but rather was recited by Jacob in Egypt, as explained later in this halachah.
It is, however, pronounced loudly on Yom Kippur. Pirkei D'rabbi Eliezer explains that the angels praise God with this verse. On Yom Kippur, we are as pure as angels and thus, emulate their practice (Hagahot Maimoniot).
It is preferable to separate clearly between the end of "Blessed be the name" - i.e., the words לעולם ועד - forever, and the beginning of the next section, ואהבת (And you shall love...) (Tur, Orach Chayim 61).
He then continues to read the first section. Why do we read it in this fashion? - i.e., Why do we include this verse of "Blessed be the name...," since it is not part of the section of the Torah beginning with "Shema Yisrael..."
It is our tradition that when the patriarch, Jacob, gathered all his sons together in Egypt close to his death - See Genesis, Chapter 49.
he commanded and urged them regarding the Unity of God and the path of God upon which Abraham and Isaac, his father, had tread. - This narrative can be found in Pesachim 56a.
He asked them: "My sons, perhaps there are dregs among you, one who does not stand with me in the Unity of God?" - What would cause Jacob to have such a doubt regarding his children? One of the greatest merits of Jacob is that he - unlike Avraham, who fathered Yishmael, and Yitzchak, who had Esau as a son - had only righteous children.
Pesachim (ibid.) explains that Jacob desired to reveal the secret of the end of days to his children, but that this knowledge suddenly left him. He was worried that perhaps his sudden lack of understanding was due to the imperfect state of his children and therefore, felt compelled to ask them about their faith in the One God.
The Rambam omits all these particulars, since they are not relevant to the matter at hand - namely, the source of the custom of saying "Blessed be the name..." after "Shema Yisrael..."
This is comparable to the manner in which Moses, our teacher, said to us: "Lest there be among you a man or woman [whose heart turns this day from God...]" - The Rambam adds this in order to teach us the nature of Jacob's doubts. He was not casting aspersions on the behavior of his sons, since he knew that their deeds were righteous. He was, however, worried that perhaps one of them had a mistaken understanding regarding the unity of God. This is in line with the verse the Rambam quotes. Moses is not chastising the Jewish people for their actions, but rather warning them of the possibility that there might be someone with a lack of faith that could lead to blasphemy later (Kessef Mishneh).
They all answered and said: "Listen, Israel, - Jacob is also called by that name (Genesis 32:29).
God is our Lord, God is One," i.e., listen to us, Israel, our father, God is our Lord, God is One.
The wise elder responded: - Praising God for the fortune of having righteous children;
"Blessed be the Name of the Glory of His Kingdom forever." Therefore, the Jews are accustomed to utter the praise that Israel, the wise elder, uttered after this verse.
Commentary, Halachah 5
Blessings are recited before and after Kri'at Shema. - See the Mishnah,Berachot 11a.
In the day, one recites two blessings before it and one after it. At night, one recites two blessings before and two blessings after it. - There are a total of seven blessings associated with the reading of the Shema, three in the day and four at night. The Jerusalem Talmud (Berachot 1:5) bases this on the verse "Seven (times) in the day will I praise you" (Psalms 119:164).
The Tanya, Chapter 49, discusses the reasons for these blessings at length, noting that, on the surface, they are not related to the Shema at all. That text explains that the basic intent of Kri'at Shema is to attain the love for God as described in the verse, "And you shall love God, your Lord, with all your heart, with all your soul and with all your strength."
To reach such a level, one must first contemplate the greatness of God. Accordingly, in the first blessing, we outline the praises of God uttered by the angels, who are of supreme intelligence and spiritual wisdom. These lofty creatures proclaim God's greatness and abnegate themselves completely to Him, stating that He transcends even their ability to understand.
Then, in the second blessing, we describe God's great love for the Jewish people, as manifested by His giving us His Torah and choosing us as His people.
Having contemplated such ideas, we are prepared to reciprocate God's love for us by proclaiming our love for Him. We recognize His infinite Greatness and Unity, see His Providence in the events of our life, and internalize our intellectual understanding into an emotional outpouring for our Creator.
Commentary Halacha 6
The first blessing preceding [the Shema] in the day [begins: "Blessed are You, God...], the One who forms the light and creates darkness etc." - Berachot 13b mentions that the Sages required the mention of night during the day to contradict clearly the misunderstanding of the non-believers that He who created light did not create darkness.
The second blessing [begins with]: "With everlasting love, You have loved us..." - The opening phrase of this blessing is the subject of a disagreement between the Sages (Berachot 11b). Rav Yehudah says in the name of Shmuel that the blessing should begin with אהבה רבה (Great love). The Sages, based on the verse in Jeremiah 31:2, believe that it should begin with אהבת עולם (Everlasting love). The Rambam follows the latter opinion.
The Tur (Orach Chayim 60) mentions that the Talmud instituted the custom of saying אהבה רבה in the morning and אהבת עולם at night in order to meet the requirements of both positions. Tosafot in Berachot 11b and the Rosh are also in favor of such a solution. The Shulchan Aruch, Orach Chayim 60a rules in accordance with the Rambam's position.
Ashkenazim are accustomed to recite the blessings as preferred by the Roshand the Tur. (See the Ramah on Shulchan Aruch, Orach Chayim 60a.)Sephardim and those who pray according to the Nusach Sephard, the prayer text generally used by Chassidim today, say אהבת עולם twice daily, both in the day and at night.
[The Shema] is followed by [the section beginning] "True and certain..." -affirming the truth of the statements mentioned in the Shema.
At night, the first blessing preceding [the Shema begins: "Blessed are You, God...], the One who brings the evening,..." and the second [begins with] "With everlasting love, You have loved Your people Israel." The first blessing after [the Shema] is [the section begining] "True and faithful..." -These blessings parallel the content of the three blessings recited in the morning.
and the second [begins] "Lay us down..." - in preparation for going to sleep.
Commentary Halacha 7
To understand this halachah fully, a short introduction to the rules contained within it is necessary. The Mishnah (Berachot 11a) and the Tosefta (Berachot1:7) discuss the concepts of the beginning (p'tichah, פתיחה) and conclusion (chatimah, חתימה) of blessings.
The p'tichah of a blessing follows the formula of "Blessed are You O God, our Lord, King of the Universe..." The chatimah of a blessing is "Blessed are You, O God..."
Some blessings have both a p'tichah and a chatimah (e.g., the first blessings before Kri'at Shema both in the day and at night and the blessing made atKiddush of Friday night), while others have only a p'tichah (e.g. blessings made before eating food or performing a commandment) or a chatimah (e.g., the rest of the blessings of Kri'at Shema and the majority of the blessings of the silentAmidah prayer).
The first blessing preceding it, both in the day and at night, begins "Blessed [are You, God our Lord...]" and concludes "Blessed [are You, God...]" - The first blessing in a series of blessings generally possesses ap'tichah, as well as a chatimah. Other examples of this are the first blessing in the silent Amidah prayer and the blessing with which we begin grace after meals.
The rest of the blessings all conclude with "Blessed [are]...", but do not begin "Blessed [are]..." - A blessing which immediately follows another as part of a series of blessings is not introduced with a p'tichah (Berachot 46a). The paragraphs of "True and certain" and "True and faithful" are also considered as blessings that follow another blessing, even though the Kri'at Shema itself would seem to constitute an interruption. Therefore, these blessings need not begin with a p'tichah, but simply conclude with the standard chatimah: Blessed are You, God (Rashi, Berachot 36a).
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The Rambam discusses only the concepts of p'tichah and chatimah and omits the second category of blessings mentioned in the Mishnah and Tosefta (i.e., long and short blessings). This seems to indicate that he equated a long blessing with that which has a p'tichah and a chatimah, and a short blessing with one that has only a chatimah (Kessef Mishneh). In fact, in his commentary on the Mishnah (Berachot 11a), the Rambam writes that even a long blessing has a p'tichah and chatimah, and a short one has only one of the above.
In contrast, Rashi (Berachot 11a) holds that the distinction between long and short blessings is a matter of length only, irrespective of p'tichot and chatimot. He defines the blessing of אמת ואמונה - "True and faithful" - (the first blessing after Kri'at Shema at night) as a long blessing, and "Lay us down" (the last blessing after Kri'at Shema at night) to be a short blessing, even though they both have only a chatimah and no p'tichah.]
These blessings and all the rest of the blessings familiar to the Jewish people were instituted by Ezra, the scribe, and his court - This is a general statement. In particular, there are some blessings that were not established by Ezra, but rather by the Sages of the Mishnah. See Hilchot Tefillah 2:1 andHilchot Berachot 2:1.
One may not detract from them or add to them.
In every instance that they decreed to conclude with "Blessed..." - e.g., all the blessings of Kri'at Shema, the silent Amidah prayer and grace after meals. (See the introduction to this halachah in order to understand the following laws fully.)
One may not omit it.
Where they decreed not to conclude [with "Blessed..."] - e.g., blessings for food and preceding the performance of commandments.
one may not conclude with it.
Where they decreed not to begin... - e.g., all blessings that follow another in a series of blessings, such as the silent Amidah or the blessings before Kri'at Shema.
One may not begin with it.
Where they decreed to begin [with "Blessed..."] - e.g., the first blessings ofKri'at Shema, the silent Amidah prayer and grace after meals.
one may not omit it.
The general principle is that anyone who deviates from the set form of blessings established by the Sages is mistaken and must recite the blessing again in its proper form - This decision is based on the Mishnah (Berachot 11a).
In Hilchot Berachot (1:5-6), the Rambam writes that a person who mentions the central ideas contained in the p'tichah - i.e., the name of God and His sovereignty - even were he to deviate from the set form of the blessing, would fulfill his obligation.
We must understand the present halachah in this context. Only when one deviates from the p'tichah or chatimah of a blessing does the Rambam require the recitation of another blessing. However, a person who maintains the nature of the p'tichah and chatimah, but changes the wording of the rest of the blessing, fulfills his obligation as long as the basic intent of the blessing remains.
Anyone who does not say [the paragraph of] "True and certain..." in the morning prayer or [the paragraph of] "True and faithful..." in the evening prayer - Berachot 12a derives this from Psalms 92:3: "To relate Your lovingkindness in the morning and Your faithfulness at night." Rashi explains that ויציב אמת, "True and certain" (which is recited after Kri'at Shema in the morning) is necessary, since it tells of God's infinite lovingkindness in taking our forefathers out of Egypt and splitting the Red Sea.
אמת ואמונה (True and faithful) (which is recited at night) chronicles our hopes and beliefs regarding our future, that God will fulfill His promise to redeem us from the exile and restore us to a vibrant life of freedom. The Tur (Orach Chayim 66) explains that אמת ואמונה (True and faithful) could also refer to our faith that God will return our soul, which we put in His trust every night, to us.
does not fulfill his obligation - Rav Hai Gaon holds that the blessings ofKri'at Shema are an integral and necessary part of the fulfillment of the commandment. Therefore, he explains Berachot 12a as saying that one who does not say Emet v'yatziv has not fulfilled his obligation of Kri'at Shema and must therefore recite it again. The Rambam appears to accept this opinion.
However, the vast majority of the Rishonim are of the opinion that a person can fulfill his obligation to recite the Shema even if he does not recite the blessings. The above passage, therefore, is to be understood as teaching that one has not performed the mitzvah in its proper fashion if he omits the blessings.
Both the Tur and the Shulchan Aruch (Orach Chayim 66:10) reflect this understanding. They add the word "properly" at the end of this halachah: "One who does not say Emet v'yatziv, etc., does not fulfill his obligation properly. He need not, however, recite the Shema again."
Commentary Halacha 8
One who recites the second blessing - e.g., Ahavat Olam
before the first - e.g., yotzer or,
Even in such an instance, the second blessing should be recited without ap'tichah, since it usually follows another blessing (Kessef Mishneh). See alsoMagen Avraham on Orach Chayim 60:3.
whether in the day or at night, or whether the transposed blessings are recited before or after Kri'at Shema, - i.e., even if he recites all the blessings after reciting the Shema.
fulfills his obligation, since there is no absolute order to the blessings -"And what does it mean that blessings are not an integral and necessary requirement? This refers to the order of the blessings" (Berachot 12a).
A person who begins with "...the One who forms the light..." - i.e., "Blessed are You, God, our Lord, King of the universe, who forms the light and creates the darkness (חושך וצר אור ובורא), this being the proper p'tichah for the first blessing before Kri'at Shema in the morning.
and concludes with "...the One who brings the evenings" - i.e., Blessed are You O God, who brings the evenings (המעריב ערבים), this being the properchatimah for the first blessing at night.
in the morning prayer does not fulfill his obligation. - As explained later in this halachah, all the blessings are ultimately defined by their chatimah. In this case, the chatimah is that of the evening blessings and is therefore inappropriate here.
Were he to begin with "...the One who brings the evenings" - i.e., "Blessed are You O God, our Lord, King of the universe, who, through His word, makes evenings fall (אשר בדברו מעריב ערבים)," this being the proper p'tichah for the first blessing at night.
and conclude with "...the One who forms the light" - the conclusion of which is "Blessed are You O God, who forms the lights (יוצר המאורות)," this being the proper chatimah for the first blessing in the morning
he would fulfill his obligation - since the chatimah is proper.
Were he to begin with "...the One who brings the evenings" - i.e., "Blessed are You O God, our Lord, King of the Universe, who through His word, makes evenings fall (אשר בדברו מעריב ערבים) ," this being the p'tichah for the first blessing at night
...and conclude with "...the One who forms the light" - i.e., "Blessed are You O God, the One who forms the lights (יוצר המאורות)," this being the properchatimah for the first blessing in the day.
in the evening, he would not fulfill his obligtation. - since the chatimah is inappropriate.
If he begins with "...the One who forms light" - i.e., "Blessed are You O God, our Lord, King of the Universe, who forms light and creates darkness (יוצר אור ובורא חושך)," this being the p'tichah for the first blessing in the day.
and concludes with "...the One who brings the evenings" - i.e., "Blessed are You O God, the One who brings the evenings המעריב ערבים," this being thechatimah for the first blessing at night.
he fulfills his obligation since all blessings are defined by their conclusions - i.e., by their chatimot. This entire halachah is based on Berachot12a. That passage discusses whether the p'tichah or chatimah is the ultimate defining feature of a blessing and reaches this conclusion.
The Shulchan Aruch, Orach Chayim 59:2 explains that though the chatimah is the primary determining factor, the text of the blessing must also be appropriate.
Thus, were one to recite the whole paragraph of "... The One who brings the evenings" and then say "Blessed are You O God, who forms the lights," he would not fulfill his obligation regarding the first blessing of Kri'at Shema in the morning, even though he recited the proper chatimah.
Commentary Halacha 9
When is the [proper] time for the recitation of Shema at night? The commandment [starts] from the time of the appearance of the stars... -The Mishnah (Berachot 2a) states that the time for the recitation of the Shemabegins at the hour when a priest who has become ritually impure may immerse in a mikveh and resume eating terumah. The Talmud explains that this is the time when the stars appear.
Tosafot (Berachot 2a) holds that the Shema may be recited earlier, during the last hour before sunset. This is based on the understanding that Rabbi Yehudah, who disagrees with the majority opinion regarding the proper time for the afternoon prayer, also disagrees about the proper time for the evening prayer and Kri'at Shema contained therein. (See Tur, Orach Chayim 235.) This will be discussed at length in Hilchot Tefilah 3:6.
There are several different positions regarding the precise definition of צאת הכוכבים (the appearance of the stars). It generally refers to the appearance of three medium-sized stars. The Shulchan Aruch, Orach Chayim 235:1 requires the sighting of three small stars before reciting Kri'at Shema at night. TheMagen Avraham explains that the basic halachah is indeed that three medium sized stars constitute the time of צאת הכוכבים, but that the Shulchan Aruchobligated one to wait for smaller stars in order to diminish the possibility of error regarding the recitation of Kri'at Shema at night.
There are three basic positions regarding the actual time of צאת הכוכבים (the appearance of the stars). Shabbat 34b determines that it refers to the time that it takes one to walk 3/4 of a mil after sunset.
The other two positions are found in Pesachim 94a: one defines צאת הכוכבים as the amount of time needed to walk four mil after sunset, and the other, as the time necessary to walk five mil.
There are two different methods of determining the time it takes to walk a mil. The Rambam, Commentary to the mishnah, Pesachim 3:2, maintains that it takes 24 minutes to walk a mil. However, the most widely held opinion - and the opinion accepted regarding halachah l'ma'aseh - is that the measure of time is 18 minutes.
Therefore, according to Shabbat 34b, the appearance of the stars is 13 1/2 (3/4 x 18) minutes after sunset. Both the Vilna Gaon and the Shulchan Aruch HaRavmaintain that צאת הכוכבים is determined in this fashion. Thus, the proper local time may be calculated by extrapolation based on the amount of light visible 13 1/2 minutes after sunset in Eretz Yisrael on the day of the Equinox. Generally, people wait up to 36 minutes after sunset in order to be certain.
According to Pesachim 94a, the appearance of the stars will be either 72 (4 x 18) minutes or 90 (5 x 18) minutes after sunset. Rabbenu Tam strongly suggests adhering to the position that צאת הכוכבים takes place 72 minutes after sunset. Though some authorities support the 90-minute position, Rabbi Moshe Feinstein (Iggerot Moshe, Orach Chayim, Vol. 1, Siman 24), mentions only the position of the Vilna Gaon and the Shulchan Aruch HaRav, on the one hand, and Rabbenu Tam on the other.
[and continues] until midnight - There are three positions recorded in the Mishnah in Berachot 2a regarding the time until which one may recite theShema at night.
Rabbi Eliezer says until the end of the first of the three watches of the Temple - i.e., one third of the night, which is until approximately 9:30 pm. The Sages say until midnight, and Rabban Gamliel says until dawn. The Mishnah then explains that the Sages' opinion is, in effect, that one may recite the Shema until dawn, but that they mentioned midnight as a preferred time in order to distance people from transgression. This is the source of this halachah in the Rambam.
The Rosh and the Tur (Orach Chayim 235) hold that the halachah follows Rabban Gamliel's position, and that a priori (לכתחילה), a person may read theShema at night until dawn. The Rambam sees the Sages' position as halachically valid, and therefore one may rely on Rabban Gamliel only after the fact (בדיעבד). The Shulchan Aruch, Orach Chayim 235:3 quotes the Rambam's position. (See also Mishnah Berurah 235:34-35.)
A person who transgresses and delays - the Rabbinic decree that the Shemashould be read before midnight.
fulfills his obligation if he recites [the Shema] before dawn. - In his commentary on the Mishnah (Berachot 1:1), the Rambam defines dawn (עלות השחר) as the light that radiates from the east before sunrise.
There are three major positions regarding this time. All are based on Pesachim94a which defines the time from dawn until sunrise as that in which a person can walk either 4 mil (according to one opinion) or 5 mil (according to the other).
As mentioned above, there are two opinions regarding the measure of time it takes to walk a mil: 18 minutes or 24 minutes. Thus, Rav Shneur Zalman of Liadi defines dawn as 120 (5 x 24) minutes before sunrise. The most widely held view is that it is 90 (5 x 18) minutes before sunrise, while the Beit Yosefholds that dawn is 72 (4 x 18) minutes before sunrise. This is the opinion of the Rambam, as stated in his commentary on the Mishnah (Berachot 1:1.)
[The Sages established the limit] of midnight only in order to distance us from negligent wrongdoing. - Berachot 1:1 lists other instances where the Sages established similar guidelines, e.g., partaking of sacrificial meat, burning sacrificial limbs.
Commentary Halacha 10
One who reads the Shema [of the night] after dawn - as explained above, dawn is generally defined as the end of the night.
[but] before sunrise - the last possible time that could be defined as night
does not fulfill his obligation unless he was unavoidably detained - e.g., drunk or sick, or in a similar situation. -
Rabbi Shimon bar Yochai said in the name of Rabbi Akiva: "Sometimes a person can recite the Shema twice in the day, once before sunrise and once after sunrise, and fulfill his obligation - once for the day and once for the night."
Rabbi Yehoshua ben Levi says: "The law follows [the statement of] Rabbi Shimon in the name of Rabbi Akiva." Rav Zeira says: "This is so, provided that he does not say [the paragraph of] "Lay us down" (Berachot 8b-9a).
Rabbi Yehoshua ben Levi says: "The law follows [the statement of] Rabbi Shimon in the name of Rabbi Akiva." Rav Zeira says: "This is so, provided that he does not say [the paragraph of] "Lay us down" (Berachot 8b-9a).
The Talmud explains that Rabbi Shimon's statement only applies when a person is unavoidably detained. The evening Shema must be recited "when you lie down." The Torah left the definition of that term to the Rabbis. The latter maintained that a person who intentionally delays the recitation of the Shemacannot recite it after dawn. However, they were more lenient in regard to a person who was unavoidably detained and gave him until sunrise.
A person who was so detained and reads [the Shema] at this time does not recite [the blessing of] "Lay us down." - for this is not a time when a person lays himself down to sleep. Nevertheless, one does recite the other blessings related to Kri'at Shema at night (two before and one after it).
Commentary Halacha 11
When is the proper time [for the recitation of the Shema] during the day? The commandment is that one should start to read before sunrise - The Mishnah, (Berachot 9b) records a disagreement regarding the time of Kri'at Shema in the morning.
An anonymous position sees the earliest possible time as when one can distinguish between techelet (blue-green) and white. Rabbi Eliezer says: Between green and blue-green - i.e., later - and that the time lasts until sunrise. Rabbi Yehoshua says that one may recite the Shema "until three hours."
The Talmud then adds various other opinions and quotes Abaye as saying that the Shema should be recited כותיקין - i.e., one should finish reciting the Shemaas the sun rises, in order to start the silent Amidah with the sunrise.
The Rambam clearly prefers this position and establishes 6 minutes as a reasonable amount of time to recite the Shema and the blessing after it, in order to start the Amidah at the proper time. The Magen Avraham (Orach Chaim 58:1) explains that all opinions agree that the commandment to reciteShema in the morning begins at dawn. The only disagreement revolves around the optimum time to recite Kri'at Shema. The Vilna Gaon differs and explains that the Rambam holds that Abaye's position states the actual time of the beginning of the commandment itself and that it may be recited earlier only in extraordinary circumstances.
in order to conclude and recite the last blessing with the sunrise - i.e., אמת ויציב (True and certain...), which concludes: Blessed are You O God, who redeemed Israel.
This measure [of time] is one-tenth of an hour before the sun rises - This is based on the verse in Psalms 72:5, "May they fear You with the sun" - i.e., may they show their fear for You with the Amidah as the sun rises (Berachot9b). The Talmud promises that anyone who recites the Shema and the Amidah at this time is guaranteed a place in the World to Come.
A person who delays and reads the Shema after the sun rises fulfills his obligation, for the proper time is until the end of the third hour of the day - These do not refer to normal 60-minute hours, but are based on a different calculation. These hours are שעות זמניות - "seasonal hours," i.e., 1/12 of the duration of the daylight hours. The day and night are each divided into 12 equal parts, and each "hour" is 1/12 of that time.
For example, if there were 18 hours of daylight and 6 hours of darkness on a given day, each "hour" of the day would be 18/12 hours (or 90 minutes), and each "hour" of the night would be 6/12 hour (or 30 minutes).
There is a disagreement regarding how to calculate the durations of daylight and nighttime. The Magen Avraham holds that daylight is divided into 12 equal parts from dawn until the appearance of the stars. The Shulchan Aruch HaRavand the Vilna Gaon hold that daylight is determined from sunrise to sunset.
Therefore, the end of the third hour according to the Magen Avraham is earlier than that of the Shulchan Aruch HaRav and the Vilna Gaon, and even though each "hour" is longer, it is calculated from dawn, which is at least 72 minutes before sunrise. (See the commentary on Halachah 9.)
for one who transgresses and delays. - The use of the term "transgresses" (מי שעבר) is most striking in this context. We must say that the Rambam understands Rabbi Yehoshua's position as secondary and that, at the outset, one should recite the Shema 6 minutes before sunrise. Indeed, in his responsa, he writes that it it is preferable to read the Shema without a minyan before sunrise, than to wait until after sunrise to recite it together with a minyan.
The majority of Rishonim (see Rabbenu Asher on Berachot 9b and Beit Yosef, Orach Chayim 58) disagree with the Rambam and understand that although reciting Kriat Shema just prior to sunrise is the most desirable method of fulfilling one's obligation (מצוה מן המובחר), the actual commandment is from before sunrise (i.e., the time at which one can recognize his friend 6 feet away) to the end of the third hour. (See Shulchan Aruch, Orach Chayim 58:1 and the definition there regarding the proper time for the commandment.)
Commentary Halacha 12
One who is overhasty and recites the Shema of the morning prayers after dawn, even though he finishes before sunrise, fulfills his obligation. -This implies that this is not most desirable. Rather, prefarably, the Shemashould be read immediately before sunrise, and any other time is clearly considered second best.
In extraordinary circumstances - e.g., one who rises early in order to travel - and a delay would cause him aggravation and prevent him from concentrating on his prayers
Rabbenu Manoach cites other examples when leniency is granted, among them a day when there is a burial or a bris, or Hoshanah Rabbah, when the prayer service is extended.
one may recite it at the outset from dawn. - i.e., generally, reciting theShema at dawn is undesirable, but in this instance, the Sages considered this as the most preferable option.
Commentary Halacha 13
One who recited [the Shema] after [the end of] the third hour, even if he was unavoidably detained, does not fulfill his obligation to recite the Shema at its proper time. - The morning Shema must be recited "when you rise" (Deuteronomy 6:7). The latest time of rising is understood as the end of the third hour, the time that royalty rises (Berachot 9b). Even if a particular individual rises afterwards, he is considered as an exception and no leniency is granted.
The Kessef Mishneh questions why Kri'at Shema may be read in the daytime until only the end of the third hour.
Just as the obligation to recite the Shema at night lasts the entire night because the entire night is a time of lying down, so too, the Shema of the daytime should be recited all day, since the entire day is a time of being up.
Just as the obligation to recite the Shema at night lasts the entire night because the entire night is a time of lying down, so too, the Shema of the daytime should be recited all day, since the entire day is a time of being up.
The Taz (58:6) distinguishes between the nighttime, all of which is indeed a time of lying down, and the daytime. There are many acts that one does during the day - e.g., walking, sitting and eating - while rising is generally done at the beginning of the day.
He can be compared to one who studies Torah. - The Shema is also a passage in Torah. Furthermore, by reading the Shema, one accepts the yoke of heaven. Nevertheless, the reward received by a person who reads theShema at the proper time is greater (Berachot 10b).
When a person reads the Shema at such a time...
He should recite the blessings - mentioned in Halachot 5-7.
preceding it and after it all day - Rabbenu Asher differs and limits the time when the blessings can be recited. He is unsure whether the limit is midday or until the end of the fourth hour, that being the end of the time for the morning prayers. In conclusion, he quotes Rav Hai Gaon who states that one may recite the blessings only until the end of the fourth hour - i.e., one third of the day. Rabbenu Chanan'el is also of this opinion.
Rabbenu Manoach agrees with the Rambam and allows one to recite the blessings during the entire day. The Shulchan Aruch, Orach Chayim 58:6 follows the position of Rav Hai Gaon.
even if he delays and recited it after [the end of] the third hour. - Even if one delays the Shema's recitation intentionally, he may recite the blessings.
Shekalim - Chapter One
Halacha 1
It is a positive commandment from the Torah1 that every adult Jewish male2give a half3-shekel each and every year.4 Even a poor man who derives his livelihood from charity is obligated [to make this donation]. He should borrow from others or sell the clothes5 he is wearing so that he can give a half-shekel of silver, as [Exodus 30:15] states: "The rich shall not give more,6 nor should the poor give less."7
[The half-shekel] should not be given in several partial payments - today a portion, tomorrow a portion. Instead, it is to be given all at once.8
Halacha 2
The sum of money mentioned in the Torah concerning [the fines paid by] a rapist,9 a seducer,10 a slanderer,11 or a slave killed [by an ox]12 is [calculated] in shekalim, a coin [of equal value] whenever mentioned in the Torah. Its weight is 320 barley corns [of pure silver].13
The Sages increased its value and made it equivalent to the coin called a sela, [which was prevalent] during the Second Temple period. How much did a selaweigh? 384 average size barley corns [of pure silver].14
Halacha 3
A sela is four dinarim, a dinar is six ma'ah and a ma'ah was called a gerah in the time of Moses our teacher.15 A ma'ah equals two poondionin, and apoondion is equal to two isarin. A prutah16 is worth an eighth of an [Italian] isar.
Thus, the weight of a ma'ah - and a gerah - is sixteen barley corns [of silver]; the weight of an isar is four barley corns; and the weight of a prutah is half a barley corn.
Halacha 4
[At that time,] there was also another coin that was worth two selaim; it was called a darcon.17
These coins whose weights we have listed and explained are used universally as standard measures. We have described them so that we will not have to describe their weight at all times.
Halacha 5
The mitzvah of giving the half-shekel entails giving half of the coin that is [common] currency at the time in question, even if that coin is larger than the shekel used for the sanctuary. [The converse, however, does not apply.] Never should one give less than the half-shekel18 that was given in the time of Moses our teacher, which weighed 160 barley corns [of silver].
Halacha 6
At the time when the common currency was a darcon, everyone would give asela as a half-shekel.19 At the time when the common currency was a sela, everyone would give half a sela, the equivalent of two dinarim, as a half-shekel. At the time when the common currency was half a sela, everyone would give that coin, half of a sela, as a half-shekel.20 At no time did the Jews ever give less than the half-shekel mentioned in the Torah for the half-shekel.
Halacha 7
Everyone is obligated to give a half-shekel: priests,21 Levites, Israelites, converts, and freed slaves. Women,22 slaves, and children23 are not obligated. Nevertheless, if they give [a half-shekel], it may be accepted.24 By contrast, if a Samaritan25 gives a half-shekel, it should not be accepted.
A father who began giving a half-shekel on behalf of a child should not stop. Instead, he should [continue to] give a half-shekel on the child's behalf every year until he comes of age and gives [the half-shekel] by himself.26
Halacha 8
[The mitzvah of giving a half-]shekel is observed only during the era that the Temple is standing.27 During the era that the Temple is standing, the [half-]shekel should be given both in Eretz Yisrael and in the diaspora.28 When, however, it is destroyed, even in Eretz Yisrael it is not necessary to give.
Halacha 9
On the first of Adar, the court would announce [the collection of] the [half-]shekalim, so that every single individual would prepare his half-shekel and be ready to give.
On the fifteenth [of Adar],29 the money-changers would sit in every city30 and would gently prod [the people to give]. If people gave them, they would accept it. If someone did not give, they would not compel him to give.
On the twenty-fifth [of Adar], they would sit in the Temple to collect [the half-shekalim]. From this time onward, everyone who had not given [a half-shekel] as yet would be compelled to give.31 When a person did not give [voluntarily], his property would be taken by force as a pledge. Even his clothing was taken from him.
Halacha 10
We do not take property as a pledge by force from those individuals who are not obligated to give a [half-]shekel, even though they are accustomed to giving,32 or they will give in the future.33 Nor do we take the property of priests as a pledge by force, as a reflection of the ways of peace.34 Instead, when they give, we accept their donations. We do, however, [continue to] demand from them until they give.
| FOOTNOTES | |
| 1. |
Sefer HaMitzvot (Positive Commandment 171) and Sefer HaChinuch (Mitzvah 105) count this as one of the Torah's 613 mitzvot.
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| 2. |
Both concepts are implied by the Hebrew word ish. (See Halachah 7.)
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| 3. |
One might ask: why were the Jews not commanded to give a full shekel? There is normally an emphasis that one's offerings be complete and unblemished. Why in this instance were we obligated to give only a half-shekel?
To offer a homiletic resolution to this question: Giving a half-shekel emphasizes that a person is only a half and can never reach fulfillment until he joins together with another individual. Alternatively, it is God who contributes the second half, which enables an individual to reach fulfillment (Likkutei Sichot, Vol. III, Parashat Ki Tissa).
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| 4. |
Sefer HaKovetz states that this teaches that one may not give several shekalim in one year to fulfill the mitzvah for many future years.
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| 5. |
See Halachah 9. (See also Hilchot Chanukah 4:12, which also mentions that one should sell one's clothes to perform the mitzvah mentioned there.)
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| 6. |
The Ramban (in his commentary on the Torah, Exodus 30:15) and others raise the question: why is this not considered one of the 365 negative commandments of the Torah?
In resolution, the commentaries point to the Rambam's introduction to Sefer HaMitzvot (General Principle 8), where the Rambam explains that the use of negative terminology by the Torah - e.g., לא, "Do not..." - does not always imply that the subject should be considered a separate negative commandment. For example, concerning a Hebrew maidservant, Exodus 21:7 states, "She shall not go out [to freedom] as the slaves go out."
The Rambam explains that this is not a negative commandment, but a narrative verse introducing the concept. Similarly, the commentaries explain that the verse under discussion is not a negative commandment, but rather a description of how the half-shekel is given (Nimukei Mahari).
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| 7. |
There is also a homiletic dimension to this requirement: The half-shekel relates to a level of soul shared equally by all.
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| 8. |
Rav Kapach emphasizes that there are two dimensions implied by this law: a) that the half-shekel should be given on a single day, not in several payments;
b) that a single coin should be given, not several coins equal in value to a half-shekel.
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| 9. |
One who rapes a maiden, whom Deuteronomy 22:29 obligates to pay 50 silver pieces.
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| 10. |
One who seduces a maiden, whom Exodus 22:16 obligates to pay 50 silver pieces.
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| 11. |
One who slanders his wife, claiming that she was not a virgin at the time of marriage.Deuteronomy 22:19 requires such a person to pay 100 silver pieces.
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| 12. |
Thirty silver pieces (Exodus 21:32).
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| 13. |
See the Rambam's Commentary on the Mishnah (Bechorot 8:8), where the Rambam describes the traditional measures for this figure in detail. According to the figures he gives, in modern measure, a shekel of the Torah is 16 grams of pure silver.
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| 14. |
Today, it is common custom to give 96 grams of silver for the five shekalim required for the pidyon habeyn ceremony. Thus a shekel is 19.2 grams. According to the Piskei Siddur of Rabbi Shneur Zalman of Liadi a shekel is 20.4 grams.
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| 15. |
Exodus 30:13 describes a shekel as being twenty ma'ah. Thus, in Talmudic times, the Sages increased the shekel's worth by one fifth, making the old value five sixths of the new total.
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| 16. |
The coin of minimum value. Less than a prutah's worth is not considered as a significant financial amount.
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| 17. |
This is the Talmudic term for the god Neptune. In his Commentary on the Mishnah, Shekalim 2:1, the Rambam mentions darconim of gold, which, though smaller, were equal in value to the silver coins mentioned here.
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| 18. |
The Mishnah (Shekalim 2:4) relates that, at one time, the dinar was the common currency in Eretz Yisrael, and the people proposed giving half a dinar instead of a half-shekel. The Sages, however, did not accept this proposal, since it entailed giving less than the half-shekel given at the time of Moses.
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| 19. |
This halachah provides examples of the principles mentioned in the previous halachah, quoting from Shekalim, loc. cit. The Mishnah refers to the initial years of the Second Temple period.
The Ra'avad differs with the Rambam's interpretation of that Mishnah and offers another explanation why the people gave a larger coin at that time: Only a small portion of the Jewish people returned to Zion with Ezra. Had the people been required to give only the minimum amount, there would not have been enough funds to purchase communal sacrifices. In his Commentary on the Torah, the Ramban (Exodus 30:12) also follows the Ra'avad's interpretation.
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| 20. |
Because it was the equivalent of the half-shekel given in the time of Moses.
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| 21. |
The Mishnah (Shekalim 1:4) mentions an opinion that maintains that priests are not obligated to give a half-shekel because they are entitled to partake of certain communal offerings.
The Jerusalem Talmud (Shekalim 1:3) mentions another rationale why some maintain that priests are not obligated: The Torah (Exodus 30:13) states that the half-shekel should be given by: כל העובר על הפקודים, "all those included in the census." Since the priests were not included in the census, they are not obligated to fulfill this mitzvah.
Significantly, in his Commentary on the Mishnah (Shekalim, loc. cit. Avot 4:7), the Rambam appears to accept the view that the priests are not required to give a half-shekel. Similarly, in hisSefer HaMitzvot, the Rambam cites the above verse as a proof-text explaining why women are not obligated in this mitzvah. Thus, his ruling in this halachah appears to reflect a change of position.
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| 22. |
Although giving a half-shekel is a positive mitzvah that is not limited to a specific time, in Sefer HaMitzvot (loc. cit.) the Rambam states that women are explicitly excluded from the obligation to perform this mitzvah, as implied by the verse cited above, "all those included in the census." As mentioned in the previous note, although the Rambam appears to have changed his mind in relation to this phrase, it nevertheless appears that there is a specific exclusion concerning women, for the previous verse states, "A man shall give...." (See the glosses of Rabbenu Asher and Rabbenu Ovadiah of Bertinoro, Shekalim 1:3.)
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| 23. |
Although the Torah obligates only those included in the census - and that meant men of the age of twenty and above - for posterity, the mitzvah must be fulfilled by any child who reaches the age of thirteen.
This ruling is not accepted by many authorities. The Sefer HaChinuch (loc. cit.) and Rabbenu Ovadiah of Bertinoro (Shekalim 1:3) maintain that the requirements of the original census were observed for posterity.
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| 24. |
Several commentaries have offered explanations why the Temple treasury was allowed to accept the gift of a child, when (as reflected in Hilchot Lulav 8:10) according to Torah law, a child is not able to transfer ownership of his property to others.
[K'tzot HaShulchan (Section 235) uses this law as the basis for a thesis of a larger scope: That once a transaction sanctioned only by Rabbinic law is completed, it is acceptable according to the Torah. For if the child's gift of the half-shekel (a transaction sanctioned by Rabbinic law only) were not acceptable according to the Torah, the money could not be used to purchase sacrifices.Netivot HaMishpat and others do not accept this thesis and offer other explanations why a child's gift is acceptable.]
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| 25. |
This restriction would appear to refer to all gentiles. Indeed, Rav Kapach's Yemenite manuscripts of the Mishneh Torah state גוי, "a gentile," rather than כותי, "a Samaritan."
Without discounting the possibility of a change having been made because of censorship, it would appear that the reference to Samaritans is historical in nature. The reason why donations were not accepted from gentiles is that, as stated in Chapter 4, Halachah 8, funds from these donations were also used to maintain the city of Jerusalem. No monies from gentiles may be used for that purpose, as reflected by Nechemiah 2:20: "You have no portion, or right, or memorial in Jerusalem." And that narrative (ibid. 3:34) relates that the Samaritans were among the foes of Israel at that time. (See also Hilchot Matnot Ani'im 8:8.)
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| 26. |
In his Commentary on the Mishnah (Shekalim 1:3), the Rambam mentions that by giving a half-shekel once, a father "obligates his son in this mitzvah." Hence, it is inappropriate for him to cease giving on his son's behalf.
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| 27. |
It is customary to give a half-shekel to charity on the Fast of Esther in the present age. Nevertheless, this practice is merely a custom and is not considered as fulfillment of the mitzvah of giving a half-shekel.
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| 28. |
In explanation, the B'nei Binyamin cites the Mishnah at the conclusion of the first chapter ofKiddushin, which states that the half-shekel is an obligation incumbent on a person's body, like tefillin. Therefore, it must be performed in all places. The Kessef Mishneh draws attention toShekalim 3:4, which states that the third time during the year that funds were taken from the Temple treasury, they were taken on behalf of the Jews living in the diaspora.
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| 29. |
The Mishnah (Shekalim 1:1) and the Rambam (Hilchot Arachin 8:1) mention other communal responsibilities that were also discharged on that day.
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| 30. |
Our translation of the Hebrew מדינה is based on the Rambam's Commentary on the Mishnah (Shekalim 1:3). Rav Ovadiah of Bertinoro and others differ in the interpretation of the Mishnah and maintain that the money-changers would sit only in Jerusalem.
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| 31. |
For the court is obliged to compel the people to perform all the positive commandments.
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| 32. |
I.e., women or slaves.
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| 33. |
I.e., a minor.
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| 34. |
The Tosefot Yom Tov explains that the priests have a reputation for being short-tempered. (See Hoshea 4:4; Shabbat 149b.) If they were compelled to give, strife might arise. The Jerusalem Talmud (Shekalim 1:3) offers a different explanation. The priests were not compelled to give as a token of respect for their office.
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Shekalim - Chapter Two
Halacha 1
How would the moneychangers collect the shekalim? In each and every city, they positioned two chests before them. The bottoms of the chests were wide, and the tops narrow like a shofar,1 so that the money could be deposited in them, but could not be removed from them easily.
Why did they have two chests? One to deposit the [half-]shekalim of the present year, and one to deposit the [half-]shekalim of the previous year,2 for [the collectors] would demand payment from the people who did not give in the previous year.
Halacha 2
In the Temple, there were always thirteen chests, each chest [shaped] like a shofar. The first chest was for the shekalim of the present year; the second for the shekalim of the previous year; the third was for all those who where obligated to bring an offering of two turtle doves or two common doves,3 one as a burnt offering and one as a sin offering. The funds [for these offerings] were deposited in this chest.
The fourth was for those who were obligated to bring [doves] as a burnt offering only. They would deposit the funds [for these offerings] in this chest. The fifth was for those who volunteered to buy wood for the altar; the sixth, for those who donated money [to purchase] frankincense;4 the seventh, for those who donated gold for the covering [of the ark].5
The eighth6 was for the [money that] remains after [purchasing] a sin-offering - i.e., a person set aside funds [to use to purchase] a sin-offering, and money remained after purchasing it. Those funds were deposited in this [chest].
The ninth was for the [money that] remains after [purchasing] a guilt-offering; the tenth, for the [money that] remains after [purchasing] the pairs [of doves necessary] for [the offerings of] zavim, zavot,7 and women after childbirth; the eleventh, for the [money that] remains after [purchasing] the offerings of a nazirite; the twelfth, for the [money that] remains after [purchasing] the guilt offering of a leper; the thirteenth, for a person who pledged money for an animal [to be brought] as a burnt offering.8
Halacha 3
The [purpose] for each category for which the funds in the chest were used was written on the outside of the chest. The court stipulated that all the monies that remained after the purchase of sacrifices for which they were designated should be used to offer animals as burnt offerings.9
It thus follows that all the funds in the latter six chests were used [to purchase] animals for burnt offerings. Their hides belonged to the priests, as did the hides [of other burnt offerings].10 All the funds in the third chest were to be used to purchase doves: half of them burnt offerings, and half of them sin offerings. All [the funds in] the fourth [chest] were to be used to purchase doves to be sacrificed as burnt offerings.
Halacha 4
When the shekalim were collected from each and every city, they were sent to the Temple with emissaries.11 They might be exchanged for golden dinarim, so that [they would not become a] burden on the journey.12 [All the funds] were amassed in the Temple.
They were placed in one of the chambers of the Temple. All the doors to the chamber were closed [under lock and] key, and then they were covered with seals. All the shekalim that were collected there [were stored] in three large baskets. Each of the baskets was large enough to contain nine seah.13 The remainder [of the money] was left in the chamber.
Halacha 5
On three occasions during the year16 funds were taken from this chamber: On Rosh Chodesh Nisan, on either the day before or the day after the festival of Rosh Chodesh Tishrei17, and fifteen days before Shavuot.18
How is the money set aside? One person enters the chamber, while the guards stand outside. He asks them: "Should I set aside the funds?" They answer him: "Set them aside; set them aside; set them aside," [repeating the answer] three times.19
The person then filled three smaller baskets, each containing three seah, from [the funds in] the three large baskets. He then took the money outside to use it until it was depleted. Afterwards, he returned and refilled the three small baskets from the three large baskets a second time before Shavuot. The money was then used until it was depleted.
Halacha 6
In Tishrei, he returned a third time, filled [the three small baskets] from the three large baskets, and used the funds until they were exhausted [or] until Rosh Chodesh Nisan.20 On Rosh Chodesh Nisan, [funds] were set aside from the new collection.21
If the funds in the three large containers were insufficient and were exhausted before the month of Nisan, they would set aside other funds from the remainder within the chamber.22
Halacha 7
The three smaller baskets into which the funds were set aside and taken outside were labeled alef, bet, gimmel.23 [In this manner,] he would know to take [the funds] from the first until they were exhausted, and then to take from the second, and then to take from the third.
He should fill the first basket from the first large basket, and then cover the large basket with a handkerchief. Afterwards, he should fill the second basket from the second large basket and then cover the large basket with a handkerchief, and then the third basket from the third large basket.
He does not cover this large basket with a handkerchief, thus making it apparent that he concluded with it. And he would begin with it when he entered a second time before Shavuot. At that time, he would first set aside [the funds] from the large basket that was uncovered, and then he covered it. He then set aside from the large basket from which he had taken [the funds] first on the previous occasion, and covered it. He would then take funds from the large basket that is next to it.
He would not cover this basket, so that [he would know] to start from it in Tishrei, the third time he entered.24 Thus, he would have placed [funds] into the first, second, and third of the small baskets from each of the large baskets.
Halacha 8
When he placed the funds in these three [small] baskets, he placed the funds in the first basket on behalf of [the inhabitants of] Eretz Yisrael; in the second basket, on behalf of [the inhabitants of] the walled cities surrounding Eretz Yisrael,25and on behalf of [the inhabitants of] the totality of Eretz Yisrael; and in the third basket, on behalf of [the inhabitants of] Babylonia, on behalf of [the inhabitants of] Media, on behalf of [the inhabitants of] other distant countries, and on behalf of the remainder of the Jewish people.26
Halacha 9
When he set aside the funds, he had the intention of including [all those whose shekalim] had been collected and were present in the chamber, [all those whose shekalim] had been collected and had not reached the chamber, and [all those whose shekalim] would be collected in the future.27
[In this manner,] the shekalim that he set aside to use [to purchase the sacrifices] would serve as atonement for the entire Jewish people. It is as if their shekalim had already reached the chamber, and were included in the money that was set aside.
Halacha 10
When the person entered to set aside the funds, he should not enter wearing a garment in which he could hide money, nor wearing shoes or sandals,28 nor wearing tefillin or an amulet, lest the people suspect that he hid funds from the chamber underneath them when he set aside the funds. And they would talk to him [continuously] from the time he entered until the time he departed, so that he could not place [a coin] in his mouth.
Even though all these safeguards were taken, a poor person or someone who craved money should not [be appointed to] set aside these funds.29 [In this way,] the matter will not arouse suspicion, thus [fulfilling the advice of Numbers 32:22]: "You shall be blameless before God and before Israel."
| FOOTNOTES | |
| 1. |
In his Commentary on the Mishnah (Shekalim 6:1), the Rambam refers to the Jerusalem Talmud, which explains that the chests had curved necks to prevent people from removing the coins from them.
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| 2. |
There is a reference in the Jerusalem Talmud (Shekalim 2:1) that differs and maintains that in the outlying cities collections would be made only for the present year. It was in Jerusalem alone that they would collect for the previous year.
The Or Sameach explains that this reference follows a minority opinion, while the Rambam's decision is accepted as halachah. Other authorities maintain that there were variant versions of the passage in the Jerusalem Talmud.
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| 3. |
These offerings were brought by zavim, zavot, and women after childbirth. Since the money was placed in the chest without distinction, half was used to purchase doves for burnt offerings, and half for sin-offerings.
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| 4. |
This was used for the meal offerings as well as the incense offerings.
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| 5. |
In his Commentary on the Mishnah (Shekalim 6:5), the Rambam states that these funds were to repair the Holy of Holies. Rav Kapach notes that, on occasion, the Holy of Holies is referred to as "the chamber of the kaporet." This appears to be the Rambam's intent. Rabbenu Ovadiah of Bertinoro, by contrast, interprets this term as referring to the Temple vessels made from gold.
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| 6. |
Concerning the purpose of the latter six chests, the Mishnah (loc. cit.) states "six were for voluntary donations." The Tosefta and the Jerusalem Talmud each offer a different interpretation of the purposes for which these six chests were used. The Rambam chooses the interpretation of the Tosefta.
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| 7. |
Zavot is a venereal condition resembling gonorrhea that renders men (zavim) ritually impure. For women (zavot), the term refers to a woman who experiences vaginal bleeding at times other than those of her menstrual period. She also becomes impure.
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| 8. |
The commentaries note that by choosing this interpretation, the Rambam defines a purpose for this chest that is different in nature from that of the previous five. Since these six chests were mentioned in one group by the Mishnah, this represents somewhat of a difficulty.
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| 9. |
Had the court not made such a stipulation, it would not have been permissible to change the purpose of these funds from the intent for which they were originally donated. (See also Chapter 4, Halachah 9.)
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| 10. |
Shekalim 6:6 relates that from Leviticus 5:19, "a guilt offering unto God," one might think that the offering should be consecrated entirely. Since II Kings 12:17 states, "The money from the guilt offerings and the money from the sin offerings shall... be for the priests," the following resolution was offered. The remaining funds were used to purchase burnt offerings that were dedicated entirely to God; the priests did not partake of them at all. The hides, however, were given to the priests.
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| 11. |
More particulars concerning these emissaries are discussed in Chapter 3, Halachot 8-9.
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| 12. |
I.e., a golden coin is far lighter than several silver coins of equivalent value.
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| 13. |
Thus, the basket would contain 74.6 cubic liters according to Shiurei Torah and 130 cubic liters according to Chazon Ish.
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| 14. |
These funds were used to purchase the communal sacrifices and for other purposes, as related in Chapter 4, Halachot 1-7.
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| 15. |
These funds were used for various communal projects, as mentioned in Chapter 4, Halachah 8. There is a substantial difference in status between these two groups of funds. The funds in the three baskets were considered sanctified, and a person who used them for mundane purposes would be liable for the misuse of a sacred article (me'ilah). The other funds, by contrast, were used for mundane purposes, albeit those of the community, and not those of an individual. (SeeHilchot Me'ilah 6:13.)
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| 16. |
In his Commentary on the Mishnah (Shekalim 3:1), the Rambam explains that the funds were set aside on these three occasions so that the matter would be publicized.
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| 17. |
Although the wording of the Mishnah (Shekalim 3:1) implies that the money was set aside on Rosh HaShanah, since Rosh HaShanah is a holiday, the money was set aside either beforehand or afterwards.
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| 18. |
Note also the parallel to (and slight difference from) Hilchot Bechorot 7:8, which describes the setting aside of the tithes of the herds on three occasions during the year.
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| 19. |
Responses were frequently repeated in the Temple service for the purpose of emphasis. (SeeHilchot Temidim UMusafim 7:11 and Hilchot Parah Adumah 3:2.)
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| 20. |
There is an apparent difficulty with the Rambam's wording here, which appears to imply that the measures of funds set aside on each occasion were equal. This is inaccurate, for there are far more days between the middle of Iyar - the time of the second separation - and Tishrei - the time of the third - than between Tishrei and Nisan - the time of the first separation. And both of these periods are far greater than the period from Rosh Chodesh Nisan until the middle of Iyar. In his Commentary on the Mishnah (Shekalim 3:1), the Rambam resolves this difficulty, explaining that on each occasion they would set aside an amount of money appropriate for the period, implying that the amounts were not equal.
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| 21. |
Rosh HaShanah 7b emphasizes that Rosh Chodesh Nisan was considered to be Rosh HaShanah concerning the Temple sacrifices, and from that time onward the funds to purchase the sacrifices were taken from the new collection.
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| 22. |
I.e., the funds that were not within the three large baskets and were ordinarily used for other communal purposes.
In explanation of this halachah, the Kessef Mishneh points to a difference of opinion in the Jerusalem Talmud (Shekalim 3:3) between Rabbi Meir and the Sages. The Sages maintain that if the funds were exhausted, a new collection should be made. Rabbi Meir, by contrast, maintains that the funds should be taken from those remaining in the chamber.
There is, however, a difficulty with the reference to this source, because Rabbi Meir maintains that the funds remaining in the chamber were consecrated, and therefore one who uses them for his individual purposes transgresses the prohibition against me'ilah. As mentioned above, the Rambam (Hilchot Me'ilah 6:13) does not accept that ruling.
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| 23. |
The first three letters of the Hebrew alphabet. The Hebrew letters also serve as numerals. In this instance, it is as though the baskets were labeled 1, 2, and 3.
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| 24. |
The Rambam's ruling is dependent on his interpretation of the Mishnah (Shekalim 3:4). (See his Commentary on the Mishnah.) The Ra'avad, Rabbenu Asher, and others offer a different interpretation, which appears to fit more closely the plain meaning of the Jerusalem Talmud's explanation of the Mishnah.
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| 25. |
Rav Ovadiah of Bertinoro (Shekalim 3:4) gives as examples, the inhabitants of the lands of Ammon and Moab.
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| 26. |
Rav Ovadiah of Bertinoro (who interprets the abovementioned Mishnah differently from the Rambam) explains that the reason for the mention of these three locales is chronological. First, the shekalim would be collected from Eretz Yisrael, then from the surrounding areas, and lastly from the outlying diaspora. Nevertheless, whenever they set aside the money for the communal sacrifices, they had the intent that the money was to be given for the entire Jewish people.
It is unlikely that the Rambam would follow this view. It appears that he considers these divisions as merely geographic indicators.
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| 27. |
I.e., even if for some reason a person had not given his half-shekel as yet, retroactively he received a share in these sacrifices. In this manner, everyone who ultimately contributes toward the sacrifices will have a portion in all the communal sacrifices, even those offered before his contribution was made.
Ketubot 108a, cited by many as the source for this halachah, also mentions that the person setting aside the funds had in mind those people whose half-shekalim were lost and never reached the Temple treasury. Nevertheless, since the lost shekalim were not mentioned in the Jerusalem Talmud (Shekalim 2:1), nor in the Tosefta (Shekalim 2:5), the Rambam also omits mention of them. (See also Chapter 3, Halachot 8-9.)
|
| 28. |
See Yevamot 102b, which mentions in this context that it is forbidden to enter the Temple courtyard wearing shoes or sandals. The Rambam quotes this law in Hilchot Beit HaBechirah 7:2.
|
| 29. |
The source for this law is the Jerusalem Talmud (Shekalim 3:2), which states "A קווץ should not set aside funds." The Rambam interprets this term as referring to either a poor or a greedy individual. The Ra'avad maintains that the term refers to a person with long hair, lest he be suspected of hiding a coin among his locks.
|
Shekalim - Chapter Three
Halacha 1
Coins of a half-shekel were required by everyone so that each individual could give the half-shekel he was obligated to give. Therefore, when a person went to a money-changer to exchange a shekel for two half-shekalim, he would give the money changer an extra amount in addition to the shekel.1 This extra amount is referred to as a kolbon. Therefore, when two individuals give a shekel [to discharge the obligation incumbent] upon both of them, they are obligated to give a kolbon.2
Halacha 2
Any [two individuals] who are not obligated to give shekalim - e.g., two women or two slaves - and who gave a shekel are not obligated to give a kolbon.3Similarly, if one person was obligated and another was not obligated, and the one who was obligated gave [a half-shekel] on behalf of the one who was not obligated - e.g., a man gave a [full] shekel on his own behalf, and on behalf of a woman, or on behalf of a slave - he is not obligated to give a kolbon.
Priests are also not obligated to give a kolbon,4 nor is a person who gives on behalf of a priest.
Halacha 3
A person who gives a shekel on behalf of himself and a poor person, or his neighbor, or an inhabitant of his city, is not obligated to give a kolbon, if he gave [the half-shekel on behalf of his colleague] as a gift.5 [The rationale is] that he gave an [extra] half-shekel to increase the number of shekalim. If, however, he gave the half-shekel on behalf of his colleagues as a loan to be repaid when they have the means, he is obligated to give a kolbon.
Halacha 4
Brothers who have not divided the estate left to them by their father - and similarly, partners6 who give one shekel on behalf of the two individuals - are not obligated to give a kolbon.7
When does the above apply? When the partners have conducted business with the funds of the partnership, and [the initial funds are no longer present]. If, however, one individual brought funds and the other brought funds and they joined them together, but did not exchange or spend the funds, they are obligated to give a kolbon.8
If they conducted business with the funds of the partnership, afterwards divided the assets, and then entered into a new partnership, they are obligated to give a kolbon until they conduct business under the new partnership agreement, and exchange the money [in the partnership's account].
Halacha 5
When [by contrast] brothers or partners jointly own an animal and funds, and then they subsequently divide the funds, they are obligated to give a kolbonalthough they have not divided the animal.9 Conversely, however, if they divided the animal, but did not divide the funds, they are not obligated to give akolbon until they divide the funds. We do not say that the funds are about to be divided.10
Halacha 6
When a person gives a shekel to the Temple treasury so that it will be considered as if he gave the half-shekel he is obligated to give, and so that he should receive a half-shekel that was collected from others, he is obligated [to give] two kolbonot.11 In contrast, if his shekel were given entirely to [the Temple treasury], he would be obligated to give one kolbon [only].12
Halacha 7
What is the value of a kolbon? When two dinarim were given as a half-shekel, the value of a kolbon was half a ma'ah - i.e., one twelfth of a dinar. A kolbon of a lesser value was never given.13
The kolbonot do not have the same status as the shekalim. The money-changers would gather them in a separate collection until they were required by the Temple treasury.14
Halacha 8
A person whose shekel is lost is responsible for it until it is given to the Temple treasury.15
[The following rules apply when] the inhabitants of a city send their shekalim by means of an emissary and they are stolen or lost: If [the emissary] was an unpaid watchman, he should take an oath to them,16 and then he is freed of liability, as is any other unpaid watchman. [The people] then must give their half-shekalim a second time.17
If the inhabitants of the city say, "Since we are giving our shekalim a second time [regardless], we do not desire for the emissary to be required to take an oath, for he is trusted by us," their request is denied. It is an edict of the Sages that [nothing] consecrated should be released without an oath having been taken.18
If the first19 shekalim were discovered after the emissary took the oath, both sets of shekalim are consecrated, but [the later shekalim] are not considered [as payment] for the following year. The first [shekalim] should be included among the shekalim of the present year, and the later [shekalim] should be included together with [the collection of shekalim] from the previous year.20
Halacha 9
[The following rules apply when] they sent their shekalim with a paid watchman, who is liable in the event of theft and loss, and [the shekalim] were lost because of forces beyond their control - e.g., they were taken by armed thieves. [The emissary] is not held liable.21
[Whether or not the inhabitants of the city are required to pay a second time depends on whether or not the funds in the Temple treasury have been set aside22.] If [the inhabitants' funds] were lost because of forces beyond [the emissary's] control after the funds [in the Temple treasury] were set aside, the emissary is required to take an oath23 to the Temple treasurer,24 and the inhabitants of the city are no longer liable. For the person who set aside the funds in the Temple treasury, did so on behalf of [those whose funds] have been collected, and on behalf of [those whose funds] have not yet been collected. Thus, the funds were already in the custody of the Temple treasury.25
The inhabitants of the city [are freed of liability], because there was nothing more that they could have done. They gave [the funds] to a paid watchman, who is liable in the event of theft and loss, and [the loss of property] due to forces beyond a person's control is an uncommon phenomenon.
If [the inhabitants' funds] were lost before the funds [in the Temple treasury] were set aside, they are considered as still being in the possession of the inhabitants of the city. The emissary is required to take an oath to the inhabitants of the city, and they are required to pay [their half-shekalim a second time].
If [the emissary] took [the required] oath, and they collected shekalim a second time, and then the thieves returned [the stolen funds], both sets of shekalim are consecrated, but [the later shekalim] are not considered [as payment] for the following year. Instead, [the later shekalim] should be included together with [the collection of shekalim] from the previous year.
There is an opinion26 that states that the first shekalim, which will be included among the shekalim of the present year, are the shekalim that were originally stolen, lost, or taken by forces beyond the emissary's control and returned. Another opinion states that the first shekalim are the shekalim that come to the hands of the Temple treasurer first.
Halacha 10
[The following rules apply when] a person gives a half-shekel to a colleague to give to the money-changer on behalf of the donor, and instead the agent gives it to him on his own behalf, so that he will not be compelled [to give his own half-shekel at this time]: If the funds [in the Temple treasury] were already set aside,27 the agent is considered to have misappropriated consecrated property.28 For the [half-]shekel was already considered to be the property of the Temple treasury, since [the funds] were set aside on behalf of all those who would give in the future. Thus, [the agent] extricated himself29 [by using] consecrated funds and hence derived benefit from this [half-]shekel.
If the funds [in the Temple treasury] have not yet been set aside, the agent is not considered to have misappropriated consecrated property. He is, however, obligated to return the half-shekel to the colleague who gave it to him. Similarly, a person who robs [one of the money-changers of the Temple treasury] of a half-shekel, or steals30 it from him, and uses it for his half-shekel, is considered to have fulfilled his obligation [to give a half-shekel]. He must [reimburse] the [money-changer], [and] pay twice its value31 or add a fifth of its value32[depending on the situation].
Halacha 11
[The following rules apply when] a person give his half-shekel from consecrated funds:33 After the funds from the Temple treasury are set aside, when the funds [from the Temple treasury] are used [to purchase a sacrifice], the person becomes obligated for the misappropriation of consecrated property.34 He has, however, fulfilled his obligation to give a half-shekel.
Should one give [a half-shekel] from funds that were designated as the second tithe,35 he should partake of a quantity of food that is of equivalent value in Jerusalem.36 Should one give [a half-shekel] from funds that were given in exchange for the produce of the Sabbatical year,37 he should partake of a quantity of food that is of equivalent value, and treat it with the sanctity of the produce of the Sabbatical year.38 Should one give [a half-shekel] from an apostate city,39 his act is of no consequence whatsoever.40
Halacha 12
When a person has set aside a [half-]shekel under the impression that he was obligated to give it, and then discovers that he was not obligated, his [half-]shekel is not consecrated.41
When a person gave two [half-]shekalim, and later discovered that he was obligated to give only one, [the following rules apply:] If he gave them one after another, the second [half-]shekel is not consecrated.42 If he gave them both at one time, one is a [half-]shekel, and one is considered as overpayment for a [half-]shekel.43 If a person set aside a [half-]shekel and died, the [half-shekel] should be designated as funds donated [for the purpose of purchasing burnt offerings].44
Halacha 13
[The following rules apply when a person] takes coins in his hands and says, "These are for my [half-]shekel,"45 or when he collects ma'ah46 after ma'ah orprutah47 after prutah, and says, "I am collecting money for my [half-]shekel": Even if he collects an entire purse-full, [all that he is required] to give is the half-shekel that he is obligated to give, and the rest of the funds remain unconsecrated. For [any] overpayment given for the [half-]shekel remains unconsecrated.
Halacha 14
[The following rules apply when] money is discovered [in the collection area in the Temple] between the chest of the [half-]shekalim and the chest designated for donations [for burnt offerings]:48 [If the funds are] closer to [the chest of] the shekalim, they should be considered as shekalim. If they are closer to [the chest designated for] donations [for burnt offerings], they should be used for that purpose.49 If the funds are equidistant between the two chests, they are designated as donations for burnt offerings. [The rationale is that] these donations [involve a more severe type of offering,50 for they] are used entirely for burnt offerings. The shekalim, by contrast, are used for burnt offerings and for other purposes.51
Halacha 15
Similarly, all the funds that are found between chests should be designated for the purpose of the chest to which they are closest. If [funds] are [discovered] equidistant between chests - for example, if they are between the chest [whose contents are used to purchase] wood and the chest [whose contents are used to purchase] frankincense - they should be designated [for purchasing] frankincense.52 [If they are discovered] between the chest [whose contents are used to purchase] pairs of doves53 and the chest [whose contents are used to purchase] doves for burnt offerings, they should be designated [for purchasing] doves for burnt offerings.54
This is the general principle: In all cases, we designate [the funds for the purposes of the chest] to which they are closest;55if [the funds] are equidistant [from two chests], [we designate them] for the purposes that are governed by] more stringent requirements.
All the coins found on the Temple Mount are [considered] unconsecrated funds,56 because the Temple treasurer does not take money out of the Temple treasury until he transfers their consecrated dimension to the animals that he purchases for sacrifices.
| FOOTNOTES | |
| 1. |
Rashi (Chulin 25b) explains that this additional amount was given to tip the scales in favor of the money changer. The Meiri explains that since half-shekel coins were in demand, the value of two such coins was slightly more than a shekel. Rav Kapach [based on the Rambam's Commentary on the Mishnah (Shekalim 1:6)] explains that this additional amount was a fee paid to the Temple treasury for providing the services of a money-changer. Based on the latter two explanations, if a person gives a half-shekel coin, he is not obligated to add a kolbon.
|
| 2. |
A single kolbon. (See the Rambam's Commentary on the Mishnah [loc. cit.].)
|
| 3. |
Since their gift is voluntary in nature, they are not obligated to add more to it.
|
| 4. |
Since priests are not compelled to give a half-shekel for the reasons mentioned above (see the notes on Chapter 1, Halachah 10), they are also not obligated to give a kolbon (Kessef Mishneh).
|
| 5. |
Although these individuals are obligated to give a half-shekel, since they did not give on their own behalf, the individual who gave on their behalf is doing a service for the Temple treasury. Hence, he is freed of the obligation of the kolbon.
|
| 6. |
The Ra'avad objects to the Rambam's ruling, because of a disagreement regarding the version of the text in the Mishnah (Shekalim 1:7), which serves as the Rambam's source. The Rambam's version of the text appears to have read האחים והשותפים, "The brothers and the partners." The Ra'avad's version of the text read האחים השותפים, "The brothers who are partners." According to the Ra'avad, ordinary partners are obligated to give a kolbon.
|
| 7. |
Since their business interests are combined, they are considered as a single individual. In the above-mentioned Mishnah, and in Bechorot 9:3 and other sources, our Sages contrast the obligation to give a kolbon with the obligation to tithe one's herds. Whenever these individuals are not obligated to give a kolbon, their herds are considered as a single entity, and they are obligated to tithe them together. Whenever they are obligated to give a kolbon, their herds are not considered as a single entity, and they are not obligated to tithe them together.
|
| 8. |
Although joining the funds together establishes a partnership (Hilchot Shluchin V'Shutafin 4:1), as long as the initial funds are still in the hands of the partnership, there is still an individual dimension to each person's investment (loc. cit.:3). When the initial funds have been spent and the partnership begins generating its own income, then the two people are considered to have a joint income.
|
| 9. |
The intent appears to be that since the brothers or the partners divided the funds available to them, it is clear that they no longer desire to conduct business as a single entity. We assume that the reason they did not divide the animal was merely one of convenience, and ultimately the partnership will be divided entirely.
The Ra'avad quotes the Jerusalem Talmud (Shekalim 1:7), which states that this applies only when the livestock do not comprise the majority of the assets of the estate or the partnership. If they did comprise the majority of the assets, a different ruling would apply. The Kessef Mishnehand the Migdal Oz offer different explanations for the Rambam's position.
|
| 10. |
Although there is no difficulty in dividing funds, the very fact that the funds have not been divided is an indication that the brothers and the partners still intend to do business as a single enterprise.
|
| 11. |
He is requiring that two different exchanges be made on his behalf: a) the division of his shekel so that he will have fulfilled his obligation of giving a half-shekel; and
b) that he receive a half-shekel in return.
He is obligated to pay a kolbon for each of these transactions (Rav Kapach, based on the Rambam's Commentary on the Mishnah, Shekalim 1:6).
|
| 12. |
As stated in Halachah 3.
|
| 13. |
For as explained in Chapter 1, Halachot 5-6, this was the value of the half-shekel given in the desert. A lesser amount was never given.
|
| 14. |
The Tosefta and the Jerusalem Talmud (Shekalim 1:4) quote different Sages who offer varying opinions regarding the purpose for which the kolbonot were used. The Kessef Mishneh maintains that the Rambam used an indefinite choice of words because no final decision is reached in these texts.
|
| 15. |
Even if the initial setting aside of funds had already been performed in the Temple, the half-shekalim given afterwards are required actually to reach the Temple treasurers.
|
| 16. |
The emissaries must take three oaths: that the funds were lost or stolen, that they did not use them for their own purposes prior to their being lost, and that they were not negligent (Hilchot She'ilah UFikadon 4:1).
|
| 17. |
In his Commentary on the Mishnah (Shekalim 2:1), the Rambam emphasizes that the people are required to pay a second time because entrusting the funds to an unpaid watchman is considered a careless and irresponsible approach.
Note the contrast to the laws regarding a paid watchman in the following halachah, which differentiates between whether or not the loss took place before funds were set aside from the Temple treasury.
The Kessef Mishneh notes that it is possible to interpret Bava Metzia 58a as implying that the inhabitants should be freed of the obligation of paying a second time if the money was lost after the funds were set aside in the Temple treasury. The Rambam, however, does not choose this interpretation, for the reasons mentioned above.
|
| 18. |
According to the Torah itself, an oath is never required concerning consecrated articles. Bava Metzia (loc. cit.) explains, however, that our Sages instituted this oath so that the people would not treat consecrated articles in a disrespectful manner.
|
| 19. |
We have translated the terms "first" and "later" without adding any clarification at this point, because, as mentioned in the conclusion of the following halachah, there is a difference of opinion regarding their meaning.
|
| 20. |
As mentioned in Chapter 2, Halachot 1-2, every year, it was possible for a person to give a half-shekel to compensate for his failure to do so in the previous year. The extra shekalim were added to this collection.
|
| 21. |
A paid emissary is never liable for losses due to forces beyond his control, as explained in Hilchot Sechirut, Chapter 3.
|
| 22. |
As described in Chapter 2, Halachot 4 and 9.
|
| 23. |
This oath, like the one mentioned in the previous halachah, and like the one mentioned in the following clause, is Rabbinic in origin.
|
| 24. |
The Kessef Mishneh notes that the Rambam is quoting the text of the Mishnah (Shekalim 2:1) despite the fact that the meaning of that phrase is changed by an interpretation offered in the preliminary discussion of the issue in Bava Metzia 58a: that the emissary takes the oath to the inhabitants of the city in the presence of the Temple treasurer in order to collect his wage, or in order to clear their reputation.
The Kessef Mishneh maintains, however, that once the Talmud mentions the reason for the oath stated in the previous halachah, "that [nothing] consecrated should be released without an oath having been taken," this interpretation is no longer necessary.
|
| 25. |
As explained in Chapter 2, Halachah 9, when the person setting aside the funds in the Temple treasury makes the separation, he has the intention that the money set aside should be used to purchase sacrifices on behalf of all the Jews who donated or who will donate money for that purpose. Therefore, after the inhabitants of the city fulfill their obligation by sending the funds with a paid watchman, it is considered as if the funds were already given to the Temple treasury.
|
| 26. |
The source for the difference of opinion mentioned by the Rambam is the Jerusalem Talmud (Shekalim 2:1).
|
| 27. |
This ruling is also based on the principles mentioned in the previous halachah: that the person who set aside the funds has in mind all the funds that will be donated in the future. Accordingly, once the person gives his half-shekel to his colleague, it becomes the property of the Temple treasury.
|
| 28. |
If his act was intentional, he receives lashes as punishment and must reimburse the Temple treasury. If his transgression was unintentional, he is obligated to bring a sacrifice for atonement and to reimburse the Temple treasury, adding a fifth of the shekel's value. (See Hilchot Me'ilah1:3.)
|
| 29. |
A person is liable for misappropriating consecrated property when benefit is derived from it. In his Commentary on the Mishnah (Shekalim 2:2), the Rambam emphasizes that the benefit the person derives is that he extricates himself from a situation where his property would be taken to compel him to pay the half-shekel. The actual fulfillment of the mitzvah is not taken into account, because "the mitzvot were not given for our personal satisfaction."
|
| 30. |
In halachic terminology, robbery refers to the seizure of a person's property by force, while stealing refers to the theft of an object without his knowledge.
|
| 31. |
This ruling applies to a thief, but not to a robber. If, at the time of the theft the funds had not been set aside in the Temple treasury, the half-shekel the person steals has not been consecrated. Hence, the thief is required to make double restitution, as stated in Exodus 22:3.
|
| 32. |
The Kessef Mishneh explains that this refers to a person who steals from a money-changer after the funds have been set aside in the Temple treasury. He is thus making personal use of consecrated property and must add a fifth of its value when making restitution, as explained above.
The Or Sameach differs and states that this refers also to a person who steals before the funds have been set aside in the Temple treasury. A person who is charged with theft, clears himself by taking an oath in court, and later admits the theft, is required to add a fifth of its value when making restitution, as explained in Hilchot Gezeilah 7:1.
|
| 33. |
I.e., money that was designated for the improvement of the Temple complex. The Rambam is speaking about an instance where the person is unaware that the funds that he used had been consecrated. If he had been aware, different rules would apply.
|
| 34. |
For a portion of his half-shekel is considered to have been used towards this purchase. The commentaries question why the Rambam does not mention the need for an animal to be purchased with the funds from the Temple treasury in the previous halachah as well. (See Or Sameach.)
|
| 35. |
I.e., money used to redeem the second tithe, which must be used to purchase food that will be eaten in Jerusalem. (See Deuteronomy 14:24-26.)
|
| 36. |
I.e., after the fact, it is as if he transferred the designated nature of the half-shekel to the funds he later used.
|
| 37. |
When produce that grew in the Sabbatical year is purchased, the seller may use the funds he receives for only one purpose: to purchase produce (that was not grown in the Sabbatical year). Moreover, the produce he purchases must be eaten according to all the laws that pertain to produce of the Sabbatical year. (See Hilchot Shemitah V'Yovel 6:6-10.)
|
| 38. |
In this instance, as well, after the fact it is as if he transferred the designated nature of the half-shekel to the funds he later used.
|
| 39. |
Which must be destroyed entirely, together with all the property contained within it. (SeeDeuteronomy 13:17.)
|
| 40. |
For the property from such a city is considered as having no value whatsoever. It is as if he gave ashes. The Kessef Mishneh questions the Rambam's statements, noting that this concept is so well known that it would seem unnecessary for the Rambam to mention it.
Several of the later commentaries offer possible resolutions to this difficulty. For example, theMerkevet HaMishneh states that this refers to money from the second tithe found in an apostate city. (See Hilchot Avodat Kochavim 4:15.) Aruch HaShulchan states that this refers to money set aside for the half-shekel, but not given to the money-changers for that purpose. If it has already been given, it should be brought to the Temple treasury.
|
| 41. |
This follows a general principle that when a person consecrates property because of a misconception, the property is not consecrated.
|
| 42. |
For this is identical to the situation described in the first clause.
|
| 43. |
Which, as stated in the following halachah, remains unconsecrated.
|
| 44. |
The Minchat Chinuch (Mitzvah 105) explains the reason for this law. Exodus 30:15 states that the half-shekalim are given for the purpose of atonement, and the dead are not in need of atonement.
|
| 45. |
The decision rendered in this clause represents a reversal of the Rambam's opinion from that of his Commentary on the Mishnah (Shekalim 2:3), where he writes that if a person brings money and says that it is for his half-shekel, the remainder is considered a donation and is used to purchase burnt offerings. This change of view is based on the discussion of the subject in the Jerusalem Talmud.
|
| 46. |
A ma'ah was worth one sixth of a half-shekel in Talmudic times (Chapter 1, Halachah 6).
|
| 47. |
A coin of little value.
|
| 48. |
Kin'at Eliyahu notes that there is a slight difficulty with the Rambam's statements, which are based on those of the Mishnah (Shekalim 7:1). According to the description of the order of the chests in Chapter 2, Halachah 2, there are several other chests between the chests of the half-shekalim and the chests for the donations for burnt offerings.
|
| 49. |
Actual closeness is considered the determinant of primary importance in this and other halachic questions.
|
| 50. |
And this becomes the determining factor, as stated in the following halachah.
|
| 51. |
As explained in the following chapter.
|
| 52. |
For the frankincense was itself considered a sacrifice, in contrast to the wood, which was considered merely a medium to make possible a sacrifice (Kessef Mishneh).
|
| 53. |
Which were sacrificed, one as a burnt offering and one as a sin offering.
|
| 54. |
For the pairs of doves are offered, one as a sin offering and one as a burnt offering. Since the priests also partook of the sin offerings, the burnt offerings are considered more stringent.
The Kessef Mishneh cites the commentary of Rabbi Ovadiah of Bertinoro on Shekalim 7:1, where he states that a pair of doves were also donated from communal funds to be sacrificed, one as a burnt offering and one as a sin offering. In this manner, if the funds came from those donated for this purpose, the person would receive atonement.
|
| 55. |
Regardless of whether the contents of the chest are used for purposes that are governed by more lenient or more stringent requirements.
|
| 56. |
As indicated by Hilchot Beit HaBechirah 7:2, a person was not allowed to enter the Temple Mount holding money in a visible manner. Thus, we can assume that most of the money lost there came from the Temple treasury, and that as the Rambam continues to explain, that money had already been redeemed through the purchase of the sacrifices.
|
• Shevat 22, 5775 · 02/11/2015
"Today's Day"
Thursday Sh'vat 22* 5703
Torah lessons: Chumash: Yitro, Chamishi with Rashi.
Tehillim: 106-107.
Tanya: Now, since at (p. 97)...his studies anyway). (p. 97).
There are two sorts of statutes: a) statutes that create life, and b) statutes created by life. Human laws are created by life so they vary from land to land according to circumstances. The A-lmighty's Torah is a G-dly law that creates life. G-d's Torah is the Torah of truth, the same in all places, at all times. Torah is eternal.
FOOTNOTES
*. This day marks the passing, in 5748 (1988) of the Rebbetzin Chaya Mushka o.b.m., daughter of the Previous Rebbe o.b.m. She was the wife, for sixty years, of the Rebbe of righteous memory.
Daily Thought:
Begin With Alef
At Sinai, He said, “Let us bond together. Let us embrace in these mitzvahs, commune in this Torah, and in them we will be one.”
But He is an infinite, unknowable G‑d. If we cannot know Him, how can we bond with Him?
And so, when He came to us in His Torah at Mount Sinai, He began with an alef. And when we begin to learn, we begin with an alef.
In that first, infinitesimal point of not knowing, in that is contained all wisdom.[Leil Simchat Torah 5736:16.]
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