Today's Laws & Customs:
• Today's 'Nasi': Dan
In today's "Nasi" reading (see "Nasi of the Day" in Nissan 1), we read of the gift bought by the nasi of the tribe of Dan, Achiezer ben Amishadai, for theinauguration of the Mishkan.
Text of today's Nasi in Hebrew and English.
Today in Jewish History:
• Miriam's Passing (1274 BCE)
Miriam, the sister of Moses, passed away at the age of 126 on the 10th of Nissan of the year 2487 from creation (1274 BCE) -- 39 years after the Exodus and exactly one year before the Children of Israel entered the Holy Land. It is in deference to her passing that the "Great Shabbat" is commemorated on the Shabbat before Passover rather than the calendar date of the miracle's occurence, Nissan 10.
Link: About Miriam.
• Israelites Cross Jordan (1273 BCE)
Three days after the two spies dispatched by Joshua scouted the city of Jericho (see entry for "Nissan 7" above), the children of Israel were ready to enter the land promised by G-d to their ancestors as their eternal heritage. As they approached the Jordan with the Holy Ark carried by the Kohanim (priests) in their lead, the river parted for them, as the waters of the Red Sea had split when their fathers and mothers marched out of Egypt 40 years earlier. (Joshua 4)
Daily Quote:
Come, see the doings of G-d, His awesome plot upon the children of man[Psalms 66:5; according to the Chassidic masters, this refers to G-d's creation of free choice and the possibility of sin]
Daily Study:
Chitas and Rambam for today:
Chumash: Shemini, 2nd Portion Leviticus 9:17-9:23 with Rashi
• Chapter 9
17And he brought forward the meal offering, filled his palm with it, and caused it to [go up in] smoke on the altar, in addition to the morning burnt offering. יזוַיַּקְרֵב אֶת הַמִּנְחָה וַיְמַלֵּא כַפּוֹ מִמֶּנָּה וַיַּקְטֵר עַל הַמִּזְבֵּחַ מִלְּבַד עֹלַת הַבֹּקֶר:
and he filled his palm: I.e., the קְמִיצָה [i.e., the “fistful,” namely, scooping out three fingers-full of the meal offering]. — [Torath Kohanim 9:11] וימלא כפו: היא קמיצה:
in addition to the morning burnt offering: All these sacrifices [Aaron] offered up [only] after [he had offered up the morning] continual burnt offering. מלבד עלת הבקר: כל אלה עשה אחר עולת התמיד:
18And he slaughtered the ox and the ram, the people's peace offering, and Aaron's sons presented the blood to him, and he dashed it on the altar, around, יחוַיִּשְׁחַט אֶת הַשּׁוֹר וְאֶת הָאַיִל זֶבַח הַשְּׁלָמִים אֲשֶׁר לָעָם וַיַּמְצִאוּ בְּנֵי אַהֲרֹן אֶת הַדָּם אֵלָיו וַיִּזְרְקֵהוּ עַל הַמִּזְבֵּחַ סָבִיב:
19and [they also presented] the fats from the ox and from the ram: the tail, the [fatty] covering, the kidneys and the diaphragm with the liver. יטוְאֶת הַחֲלָבִים מִן הַשּׁוֹר וּמִן הָאַיִל הָאַלְיָה וְהַמְכַסֶּה וְהַכְּלָיֹת וְיֹתֶרֶת הַכָּבֵד:
and the [fatty] covering: [I.e.,] the fat that covers the innards. והמכסה: חלב המכסה את הקרב:
20And they placed the fats on top of the breasts, and he caused the fats to [go up in] smoke on the altar. כוַיָּשִׂימוּ אֶת הַחֲלָבִים עַל הֶחָזוֹת וַיַּקְטֵר הַחֲלָבִים הַמִּזְבֵּחָה:
And they placed the [sacrificial] fats on top of the breasts: After the waving, the kohen who performed the waving gives [the portions] to another kohen to make them go up in smoke. The result is that [the portions] that were on the top are now on the bottom [due to the kohen’s inverting the portions to place them into the receiving hands of the next kohen. See Rashi on Lev. 7:30 for further explanation]. — [Men. 62a] וישימו את החלבים על החזות: לאחר התנופה נתנן כהן המניף לכהן אחר להקטירם, נמצאו העליונים למטה:
21And Aaron had [already] waved the breasts and the right thigh as a wave offering before the Lord, as Moses had commanded. כאוְאֵת הֶחָזוֹת וְאֵת שׁוֹק הַיָּמִין הֵנִיף אַהֲרֹן תְּנוּפָה לִפְנֵי יְהֹוָה כַּאֲשֶׁר צִוָּה משֶׁה:
22And Aaron lifted up his hands towards the people and blessed them. He then descended from preparing the sin offering, the burnt offering, and the peace offering. כבוַיִּשָּׂא אַהֲרֹן אֶת יָדָיו (כתיב את ידו) אֶל הָעָם וַיְבָרֲכֵם וַיֵּרֶד מֵעֲשׂת הַחַטָּאת וְהָעֹלָה וְהַשְּׁלָמִים:
and blessed them: with the blessing of the kohanim [see Num. 6:2227]: יְבָרֶכְ -“May the Lord bless you”… יָאֵר -“May the Lord make His face shine”… יִשָָֹּא -“May the Lord lift His face….”- [Torath Kohanim 10:22] ויברכם: ברכת כהנים יברכך, יאר, ישא:
He then descended: from the altar. וירד: מעל המזבח:
23And Moses and Aaron went into the Tent of Meeting. Then they came out and blessed the people, and the glory of the Lord appeared to all the people. כגוַיָּבֹא משֶׁה וְאַהֲרֹן אֶל אֹהֶל מוֹעֵד וַיֵּצְאוּ וַיְבָרֲכוּ אֶת הָעָם וַיֵּרָא כְבוֹד יְהֹוָה אֶל כָּל הָעָם:
And Moses and Aaron went into [the Tent of Meeting]: Why did they enter [the Tent of Meeting]? In the section of the investitures, I found a baraitha added to our version of Torath Kohanim [which states the following]: Why did Moses enter with Aaron? To teach him about the procedure of [burning] the incense. Or did he perhaps enter only for another purpose? I can make a deduction: Descending [from the altar (verse 22)] and entering [the Tent of Meeting (this verse) both] required blessing [the people]. Just as descending [from the altar] is related to the service, so is entering [the Tent of Meeting] related to the service. Hence, you learn from here why Moses entered with Aaron, [namely] to teach him about the procedure of [burning] the incense [which is related to the service]. Another explanation [of why Moses entered with Aaron is]: When Aaron saw that all the sacrifices had been offered and all the procedures had been performed, and yet the Shechinah had not descended for Israel, he was distressed. He said, “I know that the Holy One, blessed is He, is angry with me, and on my account the Shechinah has not descended for Israel.” So he said to Moses, “My brother Moses, is this what you have done to me, that I have entered and been put to shame?” At once, Moses entered [the Tent of Meeting] with him, and they prayed for mercy. Then the Shechinah came down for Israel. — [Torath Kohanim 9:16] ויבא משה ואהרן וגו': למה נכנסו, מצאתי בפרשת מלואים בברייתא הנוספת על תורת כהנים שלנו למה נכנס משה עם אהרן, ללמדו על מעשה הקטרת. או לא נכנס אלא לדבר אחר, הריני דן ירידה וביאה טעונות ברכה, מה ירידה מעין עבודה, אף ביאה מעין עבודה, הא למדת למה נכנס משה עם אהרן, ללמדו על מעשה הקטרת. דבר אחר כיון שראה אהרן שקרבו כל הקרבנות ונעשו כל המעשים ולא ירדה שכינה לישראל, היה מצטער ואמר יודע אני שכעס הקב"ה עלי ובשבילי לא ירדה שכינה לישראל. אמר לו למשה משה אחי כך עשית לי, שנכנסתי ונתביישתי. מיד נכנס משה עמו ובקשו רחמים וירדה שכינה לישראל:
Then they came out and blessed the people: They said: “May the pleasantness of the Lord, our God, be upon us (Ps. 90:17); May it be God’s will that the Shechinah rest in the work of your hands.” [And why did they choose this particular blessing?] Because throughout all seven days of the investitures, when Moses erected the Mishkan, performed the service in it, and then dismantled it daily, the Shechinah did not rest in it. The Israelites were humiliated, and they said to Moses, “Moses, our teacher, all the efforts we have taken were so that the Shechinah should dwell among us, so that we would know that we have been forgiven for the sin of the [golden] calf!” Therefore, Moses answered them (verse 6), “This is the thing the Lord has commanded; do [it], and the glory of the Lord will appear to you. My brother Aaron is more worthy and important than I, insofar as through his offerings and his service the Shechinah will dwell among you, and you will know that the Omnipresent has chosen him.” ויצאו ויברכו את העם: אמרו ויהי נועם ה' אלהינו עלינו (תהלים צ יז), יהי רצון שתשרה שכינה במעשה ידיכם. לפי שכל שבעת ימי המלואים, שהעמידו משה למשכן ושמש בו ופרקו בכל יום, לא שרתה בו שכינה, והיו ישראל נכלמים ואומרים למשה משה רבינו, כל הטורח שטרחנו, שתשרה שכינה בינינו ונדע שנתכפר לנו עון העגל. לכך אמר להם זה הדבר אשר צוה ה' תעשו וירא אליכם כבוד ה' (פסוק ו), אהרן אחי כדאי וחשוב ממני שע"י קרבנותיו ועבודתו תשרה שכינה בכם ותדעו שהמקום בחר בו:
Daily Tehillim: Psalms Chapters 55 - 59
• Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
Tanya: Likutei Amarim, middle of Chapter 39• Lessons in Tanya
• Monday, Nissan 10, 5775 · March 30, 2015
Today's Tanya Lesson
Likutei Amarim, middle of Chapter 39
Having discussed the various “abodes” of souls — three Worlds in which the souls receive a reward commensurate with the level of their divine service during their life on earth — the Alter Rebbe now returns to the theme begun in ch. 38. There he noted that kavanah in mitzvot(which is the “soul” of the mitzvot) can be classified into various categories, corresponding to the different levels of soul found in living beings — the souls of animals, of man, and so on. Akavanah which consists of intellectual love and fear is like the volitional soul of man; akavanah consisting of natural love and fear, like the instinctive soul of an animal.
To support this contention, he discussed the various levels of “abodes” where souls receive their reward commensurate with their divine service on earth.
Returning now to his original theme, the Alter Rebbe points out that from the varying levels of reward, we can deduce the respective levels of divine service motivated by the different levels of kavanah.
והנה שכר מצוה מצוה
“The reward of a mitzvah is the mitzvah itself.”
Unlike wages paid to a laborer, for example, which are no index of the nature of the work performed, the reward for a mitzvah — i.e., the revelation of G‑dliness experienced by the soul that performed the mitzvah — is actually the fruit of the mitzvah itself; the revelation consists of a ray of the G‑dly light emitted by the mitzvah.
פירושו, שמשכרה נדע מהותה ומדרגתה
This means that we can know the essential nature and rank [of the mitzvah] by its reward (by the nature of the light generated by the mitzvah, and revealed to the soul as its reward).
ואין לנו עסק בנסתרות
Now, we will not concern ourselves with explaining hidden matters,
שהם צדיקים הגדולים שהם בבחינת מרכבה
meaning the great tzaddikim who are at the level of a “chariot”, whose divine service comes under the heading of “hidden matters” because it transcends understanding,
רק הנגלות לנו, שאחריהם כל אדם ימשוך
but only with those matters revealed to us, to which every man must aspire i.e., only with those levels of divine service which may — and ought to — be attained by every Jew; as follows:
לידע נאמנה מהות ומדרגת עבודת ה׳ בדחילו ורחימו בהתגלות לבו
One must know with certainty that the essential nature and rank of divine service with fear and love revealed in the heart,
הנמשכות מן הבינה ודעת בגדולת אין סוף ברוך הוא
derived from understanding and knowledge of the greatness of the Blessed Ein Sof, and of which it was said earlier that the reward for divine service motivated by such love and fear is on the level of the World of Beriah, —
מקומה בי׳ ספירות דבריאה
from this reward we know that its place i.e., the level of such service — of mitzvot performed with such motivation, is in the Ten Sefirot of Beriah;
ועבודה בדחילו ורחימו הטבעיים שבמוחו
and the service motivated by natural fear and love hidden in one’s mind (not emotions experienced in the heart, but mental awareness of one’s inborn love and fear of G‑d), of which it was said earlier that such service is rewarded in the World of Yetzirah, —
בי׳ ספירות דיצירה
from this reward we know that its place is in the Ten Sefirot of Yetzirah.
אבל עבודה בלי התעוררות דחילו ורחימו, אפילו במוחו בבחינת גילוי
But divine service performed without arousing one’s fear and love to a revealed state even in one’s mind,
דהיינו לעורר האהבה הטבעית המסותרת בלב, להוציאה מההעלם והסתר הלב
meaning that the service is done without arousing the natural love hidden in one’s heart so that it will emerge from the hidden recesses of the heart,
אל הגילוי אפילו במוחו ותעלומות לבו על כל פנים
to be revealed at least in one’s conscious mind and in the latency of his heart, so that it might evoke (if not passionate fervor, then at least) a mental resolve to cleave to G‑d by fulfilling the mitzvot;
רק היא נשארת מסותרת בלב כתולדתה, כמו שהיתה קודם העבודה
if instead, the love remains hidden in the heart as in its native state, as it was before the divine service when it was surely concealed, not expressing itself in divine service; if the love is similarly hidden when he engages in divine service, and the mitzvot that he does are in no way affected by the love, then —
הרי עבודה זו נשארת למטה, בעולם הפירוד, הנקרא חיצוניות העולמות
such service remains below in this “World of Separation,”1 in the level called the externality of the worlds2 (as opposed to the Sefirot which are the internal aspect of the Worlds);
ואין בה כח לעלות וליכלל ביחודו יתברך, שהן עשר ספירות הקדושות
it has not the power to rise and to be absorbed in G‑d’s Unity, meaning the ten holy Sefirot,
וכמו שכתוב בתקונים, דבלא דחילו ורחימו לא פרחא לעילא, ולא יכלא לסלקא ולמיקם קדם ה׳
as is written in Tikkunei Zohar, that “Without fear and love it does not fly upward, and it cannot rise to stand before G‑d.”
As explained at length further, love and fear are the “wings” of one’s divine service; lacking the wings, it cannot soar aloft.
| FOOTNOTES | |
| 1. | Note of the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, “See further, beginning of ch. 40: it may also be in the World of Yetzirah. This requires to be understood since the Alter Rebbe says here, ‘remains below.’ See also Kuntres Acharon.” |
| 2. | The Rebbe notes: “Accordingly, the word ‘Worlds’ — in the plural — is now understood, [referring to the Worlds of] Asiyah and Yetzirah.” |
• Sefer Hamitzvos:
Monday, Nissan 10, 5775 · March 30, 2015Daily Mitzvah
N62
Negative Commandment 62 (Digest)
Vain Oaths
"You shall not take the name of the L-rd, your G‑d, in vain"—Exodus 20:7.
It is forbidden to needlessly swear in the name of G‑d.
Examples:
To swear falsely regarding something that is an obvious untruth [e.g., to swear regarding a simple pebble that it is made of gold].
To swear that a phenomenon that is known to be impossible has occurred.
To swear to do something that violates a Torah commandment.
To swear in attestation of an obvious truth, e.g., to swear that all that are slaughtered die.
The 62nd prohibition is that we are forbidden to swear a sh'vuas shav (a vain oath).
The source of this commandment is G‑d's statement,1 "Do not take the name of G‑d your L‑rd in vain."
[A sh'vuas shav is] when one swears that something is the opposite of what it actually is;2 or that something exists, when in fact it cannot;3 or that he will violate a mitzvah of the Torah.4 So too if one swears to an obvious and undisputed fact, such as swearing to G‑d that anything which is slaughtered will die. This is also considered a sh'vuas shav.
The Mishneh says,5 "What is a sh'vuas shav? An oath which contradicts an obvious truth."
One who transgresses this prohibition intentionally is punished by lashes. If done unintentionally, he is exempt [from even bringing a sacrifice], as with many other prohibitions, as explained above.6
There — i.e. in tractate Sh'vuos — it is said that this is the sh'vuas shav for which one is lashed if done intentionally and exempt if done unintentionally. The details of this mitzvah are explained there.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1. Ex. 20:7.
2. Such as swearing that a pillar stone is made of gold.
3. Such as swearing that a camel can fly.
4. Such as swearing that one will not wear tefillin.
5. Sh'vuos 29a.
6. N61.• 1 Chapter: Order of Prayers Order of Prayers - The Text of the Blessings of Shemoneh Esreh and Their Order
• Monday, Nissan 10, 5775 · 03/30/2015
"Today's Day"
Torah lessons: Chumash: Metzora, Chamishi with Rashi.
Tehillim: 55-59.
Tanya: Ch. 41. One must, (p. 205)...of servile work. (p. 205).
On the subject of the campaign to popularize the observance of taharat hamishpacha1in your community, ponder this deeply: Let us imagine that G-d were to give you the opportunity to save a Jewish community from extinction (G-d forbid), you would certainly be willing to risk your life for this and you would thank and praise him for His great kindness in offering you an opportunity of such enormous merit. The same then holds true to an even greater degree with regard to the campaign for taharat hamishpacha; it is an endeavor which literally saves lives.
FOOTNOTES
1. "Family purity"; see Kislev 27; Sh'vat 21.
N62
Negative Commandment 62 (Digest)
Vain Oaths
"You shall not take the name of the L-rd, your G‑d, in vain"—Exodus 20:7.
It is forbidden to needlessly swear in the name of G‑d.
Examples:
To swear falsely regarding something that is an obvious untruth [e.g., to swear regarding a simple pebble that it is made of gold].
To swear that a phenomenon that is known to be impossible has occurred.
To swear to do something that violates a Torah commandment.
To swear in attestation of an obvious truth, e.g., to swear that all that are slaughtered die.
The 62nd prohibition is that we are forbidden to swear a sh'vuas shav (a vain oath).
The source of this commandment is G‑d's statement,1 "Do not take the name of G‑d your L‑rd in vain."
[A sh'vuas shav is] when one swears that something is the opposite of what it actually is;2 or that something exists, when in fact it cannot;3 or that he will violate a mitzvah of the Torah.4 So too if one swears to an obvious and undisputed fact, such as swearing to G‑d that anything which is slaughtered will die. This is also considered a sh'vuas shav.
The Mishneh says,5 "What is a sh'vuas shav? An oath which contradicts an obvious truth."
One who transgresses this prohibition intentionally is punished by lashes. If done unintentionally, he is exempt [from even bringing a sacrifice], as with many other prohibitions, as explained above.6
There — i.e. in tractate Sh'vuos — it is said that this is the sh'vuas shav for which one is lashed if done intentionally and exempt if done unintentionally. The details of this mitzvah are explained there.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1. Ex. 20:7.
2. Such as swearing that a pillar stone is made of gold.
3. Such as swearing that a camel can fly.
4. Such as swearing that one will not wear tefillin.
5. Sh'vuos 29a.
6. N61.• 1 Chapter: Order of Prayers Order of Prayers - The Text of the Blessings of Shemoneh Esreh and Their Order
Order of Prayers - The Text of the Blessings of Shemoneh Esreh and Their Order
(א) ברוך אתה יי' אלהינו ואלהי אבותינו אלהי אברהם אלהי יצחק ואלהי יעקב האל הגדול הגבור והנורא וכו'
(ב) אתה גבור לעולם אדני מחיה מתים אתה רב להושיע (מוריד הטל) (משיב הרוח ומוריד הגשם)1 מכלכל חיים בחסד מחיה מתים ברחמים רבים סומך נופלים וכו'
(ג) אתה קדוש ושמך קדוש וקדושים בכל יום יהללוך סלה ברוך אתה יי' האל הקדוש
(ד) אתה חונן לאדם דעת ומלמד לאנוש בינה וחננו מאתך דעה חכמה ובינה והשכל ברוך אתה יי' חונן הדעת
(ה) השיבנו אבינו לתורתך ודבקנו במצותיך וקרבנו מלכנו לעבודתך והחזירנו בתשובה שלימה לפניך ברוך אתה יי' הרוצה בתשובה
(ו) סלח לנו אבינו כי חטאנו מחול לנו מלכנו כי פשענו לך כי אל טוב וסלח אתה ברוך אתה יי' חנון המרבה לסלוח
(ז) ראה נא בענינו וריבה ריבנו ודון דיננו ומהר לגאלנו כי אל מלך גואל חזק אתה ברוך אתה יי' גואל ישראל
(ח) רפאנו יי' אלהינו ונרפא הושיענו ונושעה כי תהלתנו אתה והעלה רפואה שלימה לכל תחלואינו כי אל רופא ורחמן אתה ברוך אתה יי' רופא חולי עמו ישראל
(ט) ברכנו יי' אלהינו בכל מעשה ידינו וברך את שנותינו ותן (טל ומטר ל)2 ברכה על כל פני האדמה ושבע את העולם מברכותיך ורוה פני תבל ברוך אתה יי' מברך השנים
(י) תקע בשופר גדול לחירותנו ושא נס לקבץ את כל גליותינו מארבע כנפות כל הארץ לארצנו ברוך אתה יי' מקבץ נדחי עמו ישראל
(יא) השיבה שופטינו כבראשונה ויועצינו כבתחילה והסר ממנו יגון ואנחה ומלוך עלינו אתה לבדך בחסד וברחמים בצדק ובמשפט ברוך אתה יי' מלך אוהב צדקה ומשפט
(יב) למלשינים אל תהי תקוה וכל האפיקורוסין כולם כרגע יאבדו ומלכות זדון תעקר ותשבר במהרה בימנו ברוך אתה יי' שובר רשעים ומכניע זדים
(יג) על החסידים ועל הצדיקים ועל גרי הצדק ועל שארית עמך בית ישראל יהמו רחמיך יי' אלהינו ותן שכר טוב לכל הבוטחים בשמך באמת וכו'
(יד) תשכון בתוך ירושלים עירך כאשר דברת ובנה אותה בנין עולם במהרה בימינו ברוך אתה יי' בונה ירושלים
(טו) את צמח דוד במהרה תצמיח וקרנו תרום בישועתך ברוך אתה יי' מצמיח קרן ישועה
(טז) שמע קולנו יי' אלהינו וחוס ורחם עלינו וקבל ברחמים וברצון את תפלתינו מלכנו ריקם אל תשיבנו כי אתה שומע וכו'
(יז) רצה יי' אלהינו בעמך ישראל ולתפלתם שעה והשב העבודה לדביר ביתך ואשי ישראל ותפלתם וכו' ברוך אתה יי' המחזיר שכינתו לציון
(יח) מודים אנחנו לך שאתה הוא יי' אלהינו ואלהי אבותינו צור חיינו ומגן ישענו אתה לדור ודור נודה לך ונספר תהלתך על חיינו וכו'
(יט) שים שלום טובה וברכה חן וחסד ורחמים עלינו ועל ישראל עמך וברכנו כולנו ממאור פניך נתת לנו יי' אלהינו תורה וחיים אהבה וכו'
בימות החמה אומר בברכה שניה –In the summer, in the second blessing, one should recite the following
רב להושיע מוריד הטל מכלכל חיים בחסד וכו'
ומברך ברכה תשיעית בנוסח זה – say And in the ninth blessing, one should
ברכנו יי' אלהינו בכל מעשה ידינו וברך את שנתנו בטללי רצון ברכה ונדבה כשנים הטובות ברוך אתה יי' מברך השנים
בליל מוצאי שבת ובמוצאי יום הכפורים ובמוצאי ימים טובים מברך ברכה רביעית בנוסח זה
On Saturday night, on the night following Yom Kippur, and on the night following festivals, one should recite the fourth blessing with this text:
אתה חונן לאדם דעת ומלמד לאנוש בינה אתה הבדלת בין קדש לחול בין אור לחשך בין ישראל לעמים בין יום השביעי לששת ימי המעשה כשם שהבדלת בין קדש לחול כן פדנו והצילנו מכל מיני משחית ומכל מיני פורעניות המתרגשות לבא בעולם ושמרנו מן הכל וחננו מאתך וכו'
בראשי חדשים ובחולו של מועד מוסיף בברכת י"ז בערבית ושחרית ומנחה ומברך אותה בנוסח זה
On Rashei Chadashim and on the intermediate days of festival, during the Morning, Afternoon, and Evening Services, one should recite the seventeenth blessing with this text:
רצה יי' אלהינו וכו' עד עבודת ישראל עמך אלהינו ואלהי אבותינו יעלה ויבא וכו' ותחזינה עינינו וכו'
ובחולו של מועד אומר ביום מקרא קדש הזה ביום מועד חג המצות הזה3 או ביום מועד חג הסוכות הזה
ביום תענית מברך היחיד ברכת י"ו בנוסח זה
On a fast day, one should recite the sixteenth blessing with this text:
שמע קולנו יי' אלהינו חוס ורחם עלינו וקבל ברחמים וברצון את תפלתנו מלפניך מלכנו ריקם אל תשיבנו עננו אבינו עננו ביום צום תעניתנו כי בצרה גדולה אנחנו אל תסתר פניך ממנו ואל תעלם אזנך משמוע בקשתנו והיה קרוב לשוענו טרם נקרא ואתה תענה נדבר ואתה תשמע כדבר שנאמר והיה טרם יקראו ואני אענה עוד הם מדברים ואני אשמע כי אתה שומע תפלת כל פה ברוך אתה יי' שומע תפלה
ושליח צבור אומר נוסח זה ברכה בפני עצמה אחר ברכה שביעית אומר
The chazan recites this text as an independent blessing after the seventh blessing, saying:
עננו וכו' עד כי אל עונה בעת צרה פודה ומציל בכל עת צרה וצוקה ברוך אתה יי' העונה בעת צרה
בתשעה באב מברך ברכת ארבע עשרה בנוסח זה
On Tishah B'Av, one should recite the fourteenth blessing with this text:
רחם יי' עלינו על ישראל עמך ועל ירושלים עירך העיר האבלה החרבה השוממה הנתונה ביד זרים היושבת וראש לה חפוי כאשה עקרה שלא ילדה ויבלעוה לגיונות ויירשוה עובדי פסילים ויתנו נבלת עבדיך מאכל לעוף השמים ולבהמת הארץ על כן ציון במרר במר תבכה וירושלים תתן קולה לבי לבי על חלליהם מעי מעי על הרוגיהם ראה יי' והביטה וראה שוממותיה ונחמנה כי באש הצתה ובאש אתה עתיד לבנותה ככתוב ואני אהיה לה נאם יי' חומת אש סביב ולכבוד אהיה בתוכה ברוך אתה יי' בונה ירושלים
בפורים מברך ברכת שמנה עשרה בנוסח זה
On Purim, one should recite the eighteenth blessing with this text:
מודים אנחנו לך שאתה הוא יי' אלהינו על חיינו המסורים בידך על נשמותינו הפקודות לך על נסיך שבכל יום ויום ועל נפלאותיך שבכל עת כו' על הנסים ועל הגבורות ועל התשועות וכו' ועל כולם יי' אלהינו אנו מודים לך הטוב כי לא כלו וכו'
בחנוכה מברך ברכה זו בנוסח זה
On Chanukah, one should recite this blessing with this text:
מודים אנחנו לך כו' עד ועל נפלאותיך שבכל עת ערב ובוקר וצהרים על הנסים כו' עד ואחר כן באו בניך וכו'
שליח צבור מברך לעולם ברכה שלישית בנוסח זה
The chazan always recites the third blessing with this text:4
נקדישך ונמליכך ונשלש לך קדושה משולשת כדבר האמור על יד נביאך וקרא זה אל זה ואמר
קדוש קדוש קדוש יי' צבאות מלא כל הארץ כבודו5
כבודו וגדלו מלא עולם ומשרתיו שואלים איה מקום כבודו להעריצו לעומתם משבחים ואומרים
ברוך כבוד יי' ממקומו6
ממקומך מלכנו תופיע ותמלוך עלינו כי מחכים אנחנו לך מתי תמלוך בציון בחיינו ובימינו תשכון תתגדל ותתקדש בתוך ירושלים עירך לדור ודור לנצח נצחים ועינינו תראינה במלכות עוזך כדבר האמור בדברי קדשך על ידי דוד משיח צדקך ימלוך יי' לעולם אלהיך ציון לדור ודור הללויה7
לדור ודור נגיד גדלך ולנצח נצחים קדושתך נקדיש ושבחך אלהינו מפינו לא ימוש כי אל מלך גדול וקדוש אתה ברוך אתה יי' האל הקדוש
בעת ששליח ציבור אומר בברכה זו וקרא זה אל זה כל העם עונין קדוש קדוש קדוש וכו'
In this blessing, when the chazan says V'kara zah el zeh, all of the people should respond Kadosh, Kadosh, Kadosh…,
וכשהוא אומר איה מקום כבודו כל העם עונין משבחים ואומרים ברוך כו'
When he says Ayei Makom K'vodo, all of the people should respond Baruch….
וכשהוא אומר בחיינו ובימינו כל העם עונין אמן
When he says B'chayeinu u'veyameinu, all of the people should respond Amen.
וכשהוא אומר על ידי דוד משיח צדקך כל העם אומרים ימלוך יי' לעולם
When he says Al yedei David Mashiach tzidkecha, all of the people should respond Yimloch Adonai Leolam….
וכל אלו הדברים שעונין הצבור הוא קורא עמהן ולא יגביה קולו בעת שהן עונין עמו
The chazan joins the congregation in all these responses. He should not raise his voice while they are responding with him.
ואחד היחיד ואחד הש"ץ בעשרה ימים שמראש השנה עד יום הכפורים אומר בסוף ברכה זו
During the ten days between Rosh HaShanah and Yom Kippur, at the conclusion of this blessing, both an individual and the chazan should recite the following at the conclusion of this blessing:
כאמור8 ויגבה יי' צבאות במשפט והאל הקדוש נקדש בצדקה ברוך אתה יי' המלך הקדוש
שליח ציבור אומר קדיש לעולם קודם כל תפלה ואחר כל תפלה ואחר שאומר סדר היום בכל עת שיאמר סדר היום יתחנן מעט ויאמר קדיש וכשישלים לקרות בתורה ובכל עת שיתחנן בדברי תחנונים כשיגמור תחנוניו יאמר קדיש:
The chazan should always recite Kaddish before every prayer service and after every prayer service and also after he recites the repetition and translation of the Kedushah,9i.e., whenever he recites the repetition and translation of theKedushah, he should recite some supplicatory prayers and then recite theKaddish. Similarly, when one concludes reading the Torah and any time one recites supplicatory prayers, after concluding those prayers, he should reciteKaddish.
נוסח הקדיש The Text of the Kaddish –
יתגדל ויתקדש שמיה רבא בעלמא דברא כרעותיה וימליך מלכותיה ויצמח פורקניה ויקרב משיחיה ויפרוק עמיה בחייכון וביומיכון ובחייהון דכל בית ישראל בעגלא ובזמן קריב ואמרו אמן יהא שמיה רבא מברך לעלם ולעלמי עלמיא יתברך וכו'
בעת שיאמר שליח ציבור יתגדל ויתקדש שמיה רבא כל העם עונין אמן
When the chazan says: Yisgadal viyiskadash shmei rabba, the entire congregation should respond Amen.
ובעת שהוא אומר תחלה ואמרו אמן כל העם עונין
When the chazan says VeImru Amen at the outset, the entire congregation should respond:
אמן יהא שמיה רבא מברך לעלם ולעלמי עלמיא
ומצות חכמים הראשונים לענות אמן יהא שמיה רבא מברך בכל כחו של אדם
It is a mitzvah of the early Sages10 for a person to respond Amen: Yehei shmei rabba mevorach… with all his strength.
כשהוא אומר יתברך כל העם עונין אמן וכשהוא אומר בריך הוא כל העם עונין אמן וכשהוא אומר בסוף ואמרו אמן כל העם עונין אמן וכסדר הזה עונין בכל קדיש וקדיש
When the chazan says Yisbareich, all of the people should answer Amen. When he says, b'rich hu, all the people should answer Amen. And at the end, when he says veimru Amen, all the people should answer Amen. This pattern of responses should be followed whenever Kaddish is recited.
קדיש בתרא The Concluding Kaddish –
כל קדיש שאומר שליח ציבור אחר שגומר התפלה שאינו אומר אחריו כלום אלא כל העם שומעין אותו ונפטרין נהגו העם להוסיף בסופו נוסחא זו
Whenever the chazan recites Kaddish following the recitation of a Shemoneh Esreh after which nothing else is recited, but rather, the people listen and depart, they have a custom of adding the following conclusion:
תתקבל צלותהון ותתעבד בעותהון וצלותהון ובעותהון דכל בית ישראל קדם אבוהון דבשמיא יהא שלמא רבא וסייעתא ופורקנא משמיא עליכון ועלנא ועל קהלהון דישראל ואמרו אמן
עושה שלום במרומיו הוא ברחמיו יעשה שלום עלינו ועל כל ישראל אמן
קדיש דרבנן The Kaddish of the Sages–
כל עשרה מישראל או יתר שעוסקין בתלמוד תורה שעל פה ואפילו במדרשות או בהגדות כשהן מסיימין אומר אחד מהן קדיש בנוסח זה
Whenever ten or more Jews who are involved in the study of the Oral Law – even the Midrashic or Aggadic portions – conclude their study, they recite aKaddish using the following text:11
יתגדל ויתקדש שמיה רבא דעתיד לחדתא עלמא ולאחייא מתייא ולמיפרק חייא ולמיבני קרתא דירושלם ולשכללא היכלא קדישא ולמיעקר פולחנא נוכראה מן ארעא ולאתבא פולחנא דשמיא לאתריה בזיויה ויחודיה וימליך מלכותיה וכו' עד ונחמתא דאמירן בעלמא ואמרו אמן על רבנן ועל תלמידיהון ועל תמידי תלמידיהון דעסקין באורייתא די באתרא הדין ודי בכל אתר ואתר יהא להון ולכון חינא וחסדא ורחמי וסייעתא ורווחא מקדם אבוהון דבשמיא ואמרו אמן יהא שלמא וכו'
וזהו הנקרא קדיש דרבנן
This is called the Kaddish of the sages.
מנהגנו להתחנן בנפילת פנים בדברים ופסוקים אלו פעמים בכולן ופעמים במקצתן
It is our custom to supplicate while prostrated, reciting at times, all – and at times, selections from – these words and verses:
לפיכך אני כורע ומשתחוה ומתחנן לפניך אדון העולם אלהי האלהים ואדוני האדונים כי לא על צדקותינו אנחנו מפילים תחנונינו לפניך כי על רחמיך הרבים יי' שמעה יי' סלחה יי' הקשיבה ועשה אל תאחר12 מה נאמר לפניך השם מה נדבר ומה נצטדק חטאנו עוינו והרשענו ומרדנו וסרנו ממצותיך וממשפטיך13 לך יי' הצדקה ולנו בשת הפנים14 הושחרו פנינו מפני חטאתינו ונכפפה קומתנו מפני אשמותינו אין לנו פה להשיב ולא מצח להרים ראש אלהי בושתי ונכלמתי להרים אלהי פני אליך כי עוונותינו רבו עד למעלה ראש ואשמתנו גדלה עד לשמים15
אין בנו מעשים עשה עמנו צדקה למען שמך והושיענו כמו שהבטחתנו על ידי נביאך16 למען שמי אאריך אפי ותהלתי אחטם לך לבלתי הכריתך. לא למענכם אני עושה בית ישראל כי אם לשם קדשי אשר חללתם בגוים אשר באתם שם לא לנו יי'17
לא לנו כי לשמך תן כבוד על חסדך על אמתך למה יאמרו הגוים איה נא אלהיהם18 אנא יי' אל תפן אל קשי העם הזה ואל רשעו ואל חטאתו19 סלח נא לעון העם הזה כגודל חסדך וכאשר נשאתה לעם הזה ממצרים ועד הנה20 וסלחת לעוננו כי רב הוא21 יי' שמעה יי' סלחה יי' הקשיבה ועשה ואל תאחר למענך אלהי כי שמך נקרא על עירך ועל עמך22
נהגו העם להתחנן אחר נפילת פנים כשמגביה פניו מן הקרקע בפסוקים אלו
After supplicating while prostrated, the people accepted the custom of supplicating with these verses after lifting their heads from the ground:
ואנחנו לא נדע מה נעשה כי עליך עינינו23 זכר רחמיך יי' וחסדיך כי מעולם המה24 אל תזכור לנו עונות ראשונים מהר יקדמונו רחמיך כי דלונו מאד25 קומה עזרתה לנו ופדנו למען חסדך26 יהי חסדך יי' עלינו כאשר יחלנו לך27 אם עונות תשמר יה יי' מי יעמוד כי עמך הסליחה למען תורא28 יי' הושיעה המלך יעננו ביום קראנו29 כי הוא ידע יצרנו זכור כי עפר אנחנו30 עזרנו אלהי ישענו על דבר כבוד שמך והצילנו וכפר על חטאתינו למען שמך.31
וכן נהגו העם להתחנן אחר סדר היום בתחנונים אלו
Similarly, after the repetition and translation of the Kedushah, the people follow the custom of reciting these supplications.
יי' אלהי אברהם יצחק וישראל אבותינו שמרה זאת לעולם ליצר מחשבות לבב עמך והכן לבבם אליך32 והוא רחום יכפר עון וגו'33 כי אתה יי' טוב וסלח ורב חסד לכל קוראיך34 צדקתך צדק לעולם ותורתך אמת35 מי אל כמוך נושא עון ועובר על פשע ישוב ירחמנו יכבוש עוונותינו וגו'36 ברוך יי' יום יום יעמס לנו האל ישועתנו סלה37 יי' צבאות עמנו משגב לנו אלהי יעקב סלה38 יי' צבאות אשרי אדם בוטח בך39 ברוך אדוננו ברוך בוראנו ברוך שבראנו לכבודו והבדילנו מן התועים ונתן לנו תורת אמת על ידי משה רבינו וחיי עולם נטע בתוכנו הרחמן יפתח לבנו לתלמוד תורתו ויתן בלבנו אהבתו ויראתו ותורתו לעשות רצונו ולעובדו בלבב שלם ובנפש חפצה למען לא ניגע לריק ולא נלד לבהלה כן יהי רצון ורחמים מלפניך יי' אלהינו שנחיה לשמור חקיך בעולם הזה ולימות המשיח כדי שנזכה ונירש טוב לחיי העולם הבא למען יזמרך כבוד ולא ידום יי' אלהי לעולם אודך40 יהיו לרצון אמרי פי והגיון לבי לפניך יי' צורי וגואלי.41
נהגו מקצת העם לקרוא בכל יום אחר תחנונים אלו שיר מזמור שהיו הלוים אומרים בבית המקדש באותו היום וקורין לדוד אליך יי' נפשי אשא כל המזמור וקורין
Some people follow the custom of reading the song that the Levites would recite in the Temple on that day of the week42 after these supplicatory prayers. The entire psalm43 beginning LeDavid Elechah Adonai… is recited. And then the following is recited:
אמר רבי אלעזר אמר רבי חנינא תלמידי חכמים מרבים שלום וכו'44
אין כאלהינו אין כאדוננו אין כמלכנו אין כמושיענו מי כאלהינו מי כאדוננו מי כמלכנו מי כמושיענו נודה לאלהינו נודה לאדוננו נודה למלכנו נודה למושיענו אתה הוא אלהינו אתה הוא אדוננו אתה הוא מלכנו אתה הוא מושיענו אתה תקום תרחם ציון כי עת לחננה כי בא מועד45 אך צדיקים יודו לשמך ישבו ישרים את פניך46 ויבטחו בך יודעי שמך כי לא עזבת דורשיך יי'47 כי כל העמים ילכו איש בשם אלהיו ואנחנו נלך בשם יי' אלהינו לעולם ועד.48
כבר אמרנו בספר הזה49 שבימי השבתות וימים טובים מתפלל אדם בכל תפלה שבע ברכות שלש ראשונות ושלש אחרונות וברכה אחת אמצעית מעין היום. ובראש השנה וביום הכפורים של יובל מתפלל באמצע שלש ברכות ובתפלת מוסף בלבד, ונמצא מתפלל במוסף בשני ימים אלו תשע ברכות. ובמוסף ראש חדש ובמוסף חולו של מועד מתפלל שבע שלש ראשונות ושלש אחרונות וברכה אחת באמצע:
We have already said in this book that on the Sabbath and on festivals, in each of the prayer services, a person should recite seven blessings: the three opening blessings, the three concluding blessings, and one intermediate blessing that reflects the theme of that day. On Rosh HaShanah and on Yom Kippur in the Jubilee year, one recites three intermediate blessings during theMusaf Service. Thus on these two days,50 nine blessings are recited in theMusaf Service. In the Musaf Service of Rosh Chodesh and Chol HaMoed, one recites seven blessings: the three opening blessings, the three concluding blessings, and one intermediate blessing.
| FOOTNOTES | |
| 1. |
The first parenthetical phrase is recited in the summer, the second in the winter.
|
| 2. |
The parenthetical addition is made in the winter.
|
| 3. |
Some texts of the Mishneh Torah also mention an addition for Shavuos, but that appears to be a printing error, since there is no Chol HaMoed for that holiday.
|
| 4. |
This represents the Kedushah. Significantly, the Rambam appears to be saying that the version of the blessing customarily recited only in the Morning Service on Sabbaths and festivals in most communities should be recited at all times.
|
| 5. | |
| 6. | |
| 7. | |
| 8. | |
| 9. |
The passage beginning Uva LeTziyon. See Hilchot Tefilah 9:6.
|
| 10. |
See Shabbos 119b.
|
| 11. |
At present, it is customary to recite these additions only when the Kaddish is recited upon the burial of a corpse and when concluding the study of a Talmudic tractate. There is, however, an additional passage added when reciting Kaddish D'Rabbanan: Al Yisrael v'al rabbanan….
|
| 12. | |
| 13. |
Ibid.:5.
|
| 14. |
Ibid.:7.
|
| 15. | |
| 16. | |
| 17. | |
| 18. |
Psalms 115:1-2.
|
| 19. | |
| 20. | |
| 21. |
Cf. Psalms 25:11.
|
| 22. | |
| 23. | |
| 24. | |
| 25. |
Ibid. 79:8.
|
| 26. |
Ibid. 44:27.
|
| 27. |
Ibid. 33:22.
|
| 28. |
Ibid. 130:3-4.
|
| 29. |
Ibid. 20:10.
|
| 30. |
Ibid. 103:14.
|
| 31. |
Ibid. 79:9,
|
| 32. | |
| 33. | |
| 34. |
Ibid. 86:5.
|
| 35. |
Ibid. 119:142.
|
| 36. |
Michah 7:18-19.
|
| 37. | |
| 38. |
Ibid. 46:8.
|
| 39. |
Ibid. 84:13.
|
| 40. |
Ibid. 30:13.
|
| 41. |
Ibid. 19:15.
|
| 42. |
See Tamid 7:4 where the Psalms recited are detailed.
|
| 43. |
Psalm 25.
|
| 44. |
Berachot 64a, et al. In most communities today, it is common to recite this passage after Ein K'Eloheinu, not before.
|
| 45. | |
| 46. |
Ibid. 140:14.
|
| 47. |
Ibid. 9:11.
|
| 48. |
Michah4:5.
|
| 49. |
Hilchot Tefilah 2:8.
|
| 50. |
Two days, i.e., Rosh HaShanah and Yom Kippur, are mentioned, because according to Scriptural Law, Rosh HaShanah is observed for only one day.
|
Shvuot - Chapter 4
Halacha 1
When a person takes an oath that he will not eat anything on that day and he ate less than an olive-sized portion of food, he is not liable. For "eating" does not involve a quantity less than an olive-sized portion.1 It is as if he partook of less than the minimum measure of a nevelah, a trefe, or the like.2
If he said: "[I am taking] an oath that I will not eat this substance," and he ate it, he is liable even if the substance concerning which he took the oath is one mustard seed or smaller.3
Halacha 2
If he took an oath that he would not taste anything and partook of even the smallest amount of food, he is liable.4
Halacha 3
When a person takes an oath that he will not eat on a specific day and drinks, he is liable, because [a prohibition against] eating includes drinking.5 Therefore, if he both ate and drank, he is liable only for one set of lashes6 if he acted willfully or one sin offering if he transgressed inadvertently.
Halacha 4
When a person took an oath not to drink on a given day, he is permitted to eat, because [a prohibition against] drinking does not include eating. How much must he drink for him to be liable? It appears to me7 that he is not liable unless he drinks a revi'it8 as is the case with regard to other prohibitions.9
Halacha 5
When a person takes an oath that he will not eat on a particular day and partook of many types of food, or he takes an oath that he will not drink on a particular day and partakes of many types of beverages, he is only liable once.10 Even if he said: "[I am taking] an oath that today I will not eat meat, bread, or beans," and he eat all [these types of food]. He is only liable once. All [of these foods] can be joined together to reach the measure of an olive-sized portion.11
Halacha 6
When a person takes an oath that he will neither eat nor drink and then eats and drinks, he is liable twice. Although drinking is included in eating, since he specifically said: "And I will not drink," he revealed his intention not to include drinking in eating.12 Thus it is as if he took an oath on this independently and this independently. Therefore he is liable twice.
Halacha 7
Similarly, if a person said: "[I am taking] an oath that I will not eat bread from wheat, bread from barley, or bread from buckwheat," he is liable for each one individually if he partakes of them. He mentioned "bread" three times13 to make a distinction and cause him to be liable for each one individually.
Halacha 8
[The following laws apply when a person's] colleague was persistently imploring him to eat at his [home], telling him: "Come and drink with me, wine, milk, and honey." If he answers: "[I am taking] an oath that I will not drink wine, milk, and honey," he is liable for each one individually if he partakes of them. [To be liable only once,] he should have said: "[I am taking] an oath that I will not drink anything," or "...[that I will not drink] what you said." Since he repeated the phrase, stating each one individually,14 he revealed his intention that he obligated himself with an oath for each and every type [of beverage] individually. Therefore [the beverages] are not combined with each other [to reach the minimum measure]15 and the person is liable only when he eats the minimum measure from each one individually. Since a sin offering is required for each one individually, they are like fat and blood which cannot be combined for [the measure of] an olive-sized portion as explained in Hilchot Ma'achalot Assurot.16
Halacha 9
Halacha 10
Similarly, if one said: ["I am taking] an oath that I will not eat today,"21 and then took an oath concerning a loaf that he would not eat it up, [even though] he eats the entire [loaf] that day, he is not liable only once.22 Similar laws apply in all analogous situations.23 [The rationale is that] an oath does not take effect when another is already in effect.24
If, however, one took an oath that he would not eat up a loaf and afterwards, took an oath that he would not eat anything or that he would not eat this loaf, he is liable twice. [The rationale is that] at the time he took the oath that he would not eat it up, he would not be liable unless he ate the entire loaf. Thus when he took a second oath that he would not eat anything or that he would not eat the loaf, he is liable [for the latter oath,] when he eats an olive-sized portion. And when he eats the entire [loaf], he is liable for his first oath.
Halacha 11
[When a person takes] an oath not to eat figs and afterwards, takes an oath not to eat figs and grapes, he is liable twice for [eating] figs. [The rationale is that] he included the figs which were forbidden in the first oath with grapes that were permitted. Since the second oath took effect with regard the grapes, it also took effect with regard the figs and he becomes liable for two oaths, as we explained in Hilchot Ma'achalot Assurot.25
Halacha 12
[If one said: "I am taking] an oath that I will not eat eight [of this item]," "...an oath that I will not eat nine," and "...an oath that I will not eat ten," he is liable only once whether he ate eight, nine, or ten.26
Halacha 13
Halacha 14
[The following rules apply when a person says: "I am taking] an oath that I will not eat figs," and then takes another oath that he will not eat figs and dates together.29 If he forgot, ate figs, and set aside a sacrifice,30 afterwards, forgot, and ate grapes, he is not liable for the grapes. [The rationale is that] this is like half the measure [for which one is liable]31 and one does not bring a sacrifice for half the measure.
Halacha 15
Similar [laws apply if] one took an oath that he would not eat ten, and then took an oath that he would not eat ten and nine.32 If he ate ten, separated a sacrifice,33 and then forgot and ate nine, this is like half the measure and one does not bring a sacrifice for half the measure. For the final oath concerned not eating nineteen.34
Halacha 16
[When a person says: "I am taking] an oath that I will not eat this large loaf it I eat this small loaf," if he forgets this stipulation when he eats the smaller loaf and afterwards willfully eats the larger [loaf], he is liable [for lashes].35
Halacha 17
If he ate the small one while he remembered the stipulation and knew that by eating it, the larger one would become forbidden and then forgot and ate the larger one while thinking that it was not forbidden yet, he is exempt.36 If he ate both of them unintentionally,37 he is exempt.38 [If he ate them] both willfully, he is liable,39 regardless of whether he ate the larger one first40 or last.
Halacha 18
Halacha 19
If he ate the first one willfully, but the second one inadvertently, he is exempt. [If he ate them] both willfully, he is liable.43
Halacha 20
[When a person says: "I am taking] an oath that I will eat this loaf today," and the day passes without him eating it, should he have acted unintentionally, he must bring an adjustable guilt offering. If he acted willfully, he is not liable for lashes, because he did not perform a deed,44 even though he violated [the prohibition against] taking a false oath.
Halacha 21
Why is a person who took an oath that he ate liable for lashes [if] he did not eat and one [who took an oath] that he did not eat [liable] if he did eat, even though he did not perform a deed. Because at the time he took the oath, he was taking a false oath.45 If, however, a person takes an oath that he will perform [a particular activity], it is not a false oath at the time it was taken.
Halacha 22
[The following laws apply when] a person tells a colleague: "[I am taking] an oath that I will not eat at your [home],"46 or [his colleague] was persistently imploring him to eat at his [home] and he refuses. If he takes an oath and says: "My oath [will take effect] if I eat at your [home]," or if he says: "There will be no oath if I do not eat at your [home],"47 these all bring about prohibitions. [It is considered that] he took an oath that he would not eat at his [home]. If he used all of these expressions [together] and transgressed and ate, he is only liable once.48
| FOOTNOTES | |
| 1. |
This is a principle applying to all of the Torah's prohibitions concerning eating.
|
| 2. |
In such an instance, as stated in Hilchot Ma'achalot Assurot 4,:7-8, the prohibition is of Scriptural origin, but the violator is not punished. Accordingly, the Shulchan Aruch (Yoreh De'ah 238:1) rules that it is forbidden for the person who took such an oath to partake of even the slightest quantity of food.
|
| 3. |
Because he singled out a specific article and by partaking of it broke his oath.
|
| 4. |
For tasting does not imply eating a full measure of food. Since he used that expression, it is clear that his intent was to forbid partaking of even the slightest measure of food.
|
| 5. |
Sh'vuot 22b derives this concept from Deuteronomy 14:23: "And you shall eat before God, your Lord... the tithes of your grain, your wine, and your oil." Implied is that partaking of wine and oil is also eating.
|
| 6. |
As in Halachah 5.
|
| 7. |
This expression indicates a conclusion derived by the Rambam from logic without any explicit Talmudic or Midrashic source.
|
| 8. |
I.e., a fourth of a log. In contemporary measure, a revi'it is equivalent to 86 cc. according toShiurei Torah and 150 cc. according to Chazon Ish.
|
| 9. |
The Radbaz explains that since this is the measure which the Torah considered significant in other contexts, one can extrapolate that anything less is not considered significant enough to warrant liability. Alternatively, with regard to oaths and vows, we follow the commonly accepted implications of the terms used and people do not consider partaking of a smaller measure as "drinking."
|
| 10. |
I.e., for one set of lashes or one sacrifice. As will be explained, this applies only when the transgressor did not become aware of his oath between eating.
|
| 11. |
The minimum measure for which one is liable as stated in Halachah 1. The Radbaz states that the superficial implication of the Rambam's words is that it is not necessary for one to partake of such a portion of each of the foods separately to be liable. He differs and maintains that the person must partake of all of them to be liable.
|
| 12. |
Otherwise, it would be considered as eating as stated in Halachah 3.
|
| 13. |
If, however, he mentioned "bread" only once, he is liable only once. See Halachah 5.
|
| 14. |
I.e., the emphasis is one repeating his colleague's words, while stating each one individually. That shows that his intent is focused on each one individually. If, however, he made such a statement on his own initiative, without repeating his colleague's words, they are not considered to have been singled out [Rav Kapach's edition of the Rambam's Comemntary to the Mishneh (Sh'vuot3:4)].
|
| 15. |
I.e., if he drank half of a revi'it of wine and half of a revi'it of milk, he is not liable.
|
| 16. |
Chapter 4, Halachah 16.
|
| 17. |
We assume that his intention when taking the oath was to interpret the term eating according to its halachic definition (Radbaz).
|
| 18. |
Since he spoke in a colloquialism, we assume that he was not referring to the halachic meaning and instead, meant the entire loaf.
|
| 19. |
Whether an olive-sized portion or the entire loaf.
|
| 20. |
Because once eating an olive-sized portion of the loaf is forbidden by an oath, a second oath concerning that same loaf cannot take effect, as the Rambam states in the following halachah.
|
| 21. |
The implication is that he would not eat an olive-sized portion of food that day.
|
| 22. |
The Ra'avad accepts the principle stated by the Rambam, but explains that this is not a good example of it. For in this instance, the second oath does take effect, for it applies not only on the day that the first oath applies, but for all time. The Radbaz explains that the Rambam would agree that the second oath will take effect as soon as the day on which the first oath is in effect ends. This he maintains is why the Rambam mentions eating it "that day."
|
| 23. |
For example, that mentioned in Halachah 12.
|
| 24. |
The rationale for this principle is that a sh'vuat bitui applies only with regard to matters that are dependent upon one's volition, not on those forbidden by the Torah (Chapter 5, Halachah 17). Accordingly, once something is forbidden by an oath, it is no longer a matter dependent on one's volition. Hence, a sh'vuat bitui cannot take effect (Kiryat Sefer).
As stated in Chapter 6, Halachah 17, if the person has the first oath nullified, the second oath takes effect.
|
| 25. |
Hilchot Ma'achalot Assurot 8:6 states that although one prohibition does not take effect when an object is already prohibited, there are exceptions. One of them is when the second prohibition includes other entities that were not included in the first prohibition (issur kollel). Similarly, in this instance, since the second oath includes something which is not prohibited by the first oath (grapes), it takes effect.
|
| 26. |
For he cannot eat nine or ten without first eating eight. Hence, the second and third oaths do not take effect, for one oath does not take effect when the objects it concerns are already forbidden. As mentioned in the Radbaz and the Shulchan Aruch (Yoreh De'ah 238:12), there are instances where the second oath can take effect according to the principle of issur kollel, a more inclusive prohibition.
|
| 27. |
For each oath was separate. After he took the oath forbidding ten, nine were still permitted. And after he took the oath forbidding nine, eight were still permitted. Hence, the later oaths take effect.
|
| 28. |
When quoting this law, the Shulchan Aruch (Yoreh De'ah 238:13) states that if the person specifies 10 specific items in his oath, he is not liable if he later reduces their number to eight, for all ten have become forbidden to him.
|
| 29. |
I.e., he takes an oath against eating an olive-sized portion of each type of fruit. He does not violate his oath unless he eats both of these portions. Since the second oath also includes grapes, it takes effect with regard to the figs based on the principle of issur kollel.
|
| 30. |
For breaking his first oath.
|
| 31. |
For to be liable he must eat grapes and figs together. By realizing his transgression, he makes a distinction between the figs he ate and the grapes.
|
| 32. |
I.e., his first oath involved ten specific items. His second oath involved nine additional items from a larger group. The Ra'avad claims the Rambam's ruling is a distortion of Sh'vuot 28b. See also Rashi and Tosafot who discuss the proper wording of that source.
|
| 33. |
For breaking his first oath.
|
| 34. |
This version, slightly different from that of the standard printed text, is based on authoritative manuscripts and early printings of the Mishneh Torah. The intent is that the second oath included the original ten, plus a second nine. In this instance as well, had he not realized his first transgression, he would have been liable twice for eating the second nine.
|
| 35. |
This ruling follows the version of Sh'vuot 28a suggested by Rabbenu Chananel. The standard published text of the Talmud reverses the ruling. Thus in the instance stated by the Rambam, one would be exempt as the Ra'avad notes. The ruling of the Shulchan Aruch (Yoreh De'ah 239:16) follows that of the standard printed text of the Talmud.
The Rambam's rationale can be explained as follows: Since the person willfully transgressed by eating the larger loaf, he is liable for lashes. The fact that he inadvertently caused the oath to take effect is not of consequence.
The person is liable for lashes only when he is given a warning before transgressing. From this we see that even if a warning is given conditionally, it is effective.
|
| 36. |
He is exempt for lashes. Nor is he required to bring a sacrifice, for as explained in Chapter 3, Halachah 6, and notes. This is considered as violated an oath due to forces beyond one's control.
The Rambam's rationale is that he did not perform the transgression knowingly. At the time, he partook of the larger loaf, he was not aware that it was forbidden. In this instance as well, the Rambam's ruling does not follow the standard printed text of the Talmud. Hence there are authorities who differ.
|
| 37. |
I.e., without awareness of the oath.
|
| 38. |
For both lashes and a sacrifice as in the previous clause.
|
| 39. |
For lashes (Ra'avad).
|
| 40. |
And thus it becomes forbidden only retroactively. Although it was already eaten, when he eats the smaller loaf, his eating the larger loaf becomes a prohibited act.
|
| 41. |
I.e., not only the large loaf dependent on the smaller loaf as in the previous instance, but each one was dependent on the other as the Rambam continues to explain.
|
| 42. |
For lashes as in Halachah 16. Again, this runs contrary to the standard published text of the Talmud and there are other authorities who differ.
|
| 43. |
As stated in Halachah 17.
|
| 44. |
See Hilchot Sanhedrin 18:2. Note the following halachah.
|
| 45. |
Hence he is liable for lashes, as stated in Chapter 1, Halachot 3, 7.
|
| 46. |
In the Hebrew, the Rambam restates this phrase using slightly different wording.
|
| 47. |
The double negative implies that an oath will take effect if he does eat. See Tosafot, Sh'vuot 36b.
|
| 48. |
I.e., it is not considered as if each one is an independent oath, because an oath cannot take effect when an object is already forbidden by another oath.
The Radbaz explains that the Rambam is interpreting Nedarim 16a. One might think that the passage means that the person took an oath that he would not eat at his colleague's home. Afterwards, his colleague implored him to eat and to appease him, he took an oath that he would eat at his home. Seemingly, this resembles an oath taken in vain, for he is taking an oath to nullify the observance of a mitzvah - the fulfillment of his previous oath. For this reason, the Rambam explains that all of these expressions should be interpreted to mean that he is taking an oath not to eat. Only one of them takes effect, because one oath does not take effect when an object is already forbidden.
|
Shvuot - Chapter 5
Halacha 1
When a person takes an oath that so-and-so threw a stone into the sea and he did not do so, or [he took an oath that] he did not throw it and he did, he is liable for taking a [false] sh'vuat bitui. [This applies] even though there is no [possibility of him taking such an oath] with regard to the future.1 For he cannot take an oath that so-and-so will throw [an article] or will not throw it.
[Indeed,] any person who takes an oath with regard to other people's [conduct - that they will or will not perform a particular activity is not liable for taking a [false] sh'vuat bitui. [This applies even if the person concerned] is his son or wife. For it is not within his potential to keep or nullify the oath. He is given stripes for rebellious conduct since it is not within his potential to keep this oath. Thus he is causing an oath to be taken in vain.2
Halacha 2
Why isn't he liable for lashes for taking an oath in vain? For it is possible for those other people to heed his [words] and keep his oath. Thus when he is given a warning at the time he takes the oath, the warning is of doubtful status. In such an instance, one is not given lashes because of it unless the prohibition is explicitly stated in the Torah, as will be explained in Hilchot Sanhedrin.3 Other people are not bound to fulfill the words of the person who took the oath unless they responded Amen, as we explained.4
Halacha 3
Halacha 4
When does the above apply? When he took an oath concerning a matter that was not in his domain. For example, Reuven took an oath that Shimon would not go on a commercial journey, not eat meat, or the like.7 [Different laws apply,] however, should Reuven take an oath that Shimon may not enter his home and may not derive any benefit from his property. If Shimon transgressed and entered Reuven's house and benefited from his property without Reuven's knowledge, Reuven is exempt, for [his oath was violated] due to forces beyond his control.8 Shimon is liable, for he performed a deed prohibited to him. For Reuven took an oath only with regard to a matter within his property.9 Similar laws apply in all analogous situations.
Halacha 5
[When a person says: "I am taking] an oath that I will not eat," and he ate, but he ate articles that were not fit to be eaten10 or drank beverages that were not fit to be drunk, he is exempt.11 If he partook of foods that are forbidden to be eaten by the Torah, for example, he ate an olive-sized portion of a nevelah,12 atrefe,13 teeming animals, or creeping animals, he is not liable for a [false]sh'vuat bitui.14
[When a person says: "I am taking] an oath that I will eat," and he ate articles that were not fit to be eaten or drank beverages that were not fit to be drunk, or he partook of a nevelah, a trefe, or the like, he is not liable for a false sh'vuat bitui. He is considered to have fulfilled [his commitment to] eat. Since they are important in his eyes, eating them is considered as eating.15
Halacha 6
[When a person said: "I am taking] an oath that I did not eat," and he ate articles that were not fit to be eaten or he partook of a nevelah or a trefe, he is liable. Eating them is considered eating, because they are important to him, as evidenced by his having eaten them.16 With regard to the future, by contrast, i.e., he took an oath that he would not eat and then in an extraordinary instance, he ate them, this is not considered eating, as we explained [above].
Halacha 7
Halacha 8
[When a person says: "I am taking] an oath that I will eat even less than an olive-sized portion of a nevelah or a trefe," he may be liable for taking a falsesh'vuat bitui.19
[When a person says: "I am taking] an oath that I will not eat earth and the like from substances that are not fit to be eaten," if he eats an olive-sized portion, he is liable. If he ate less than an olive-sized portion, there is a doubt [concerning the ruling]. Perhaps he is liable even for [eating] the smallest amount. Since these substances are not usually eaten so that a full measure must be eaten [for him to be held liable].20
Halacha 9
Similarly, when one takes an oath that he would not eat grape seeds and he eats less than an olive-sized portion, there is a doubt [concerning his liability].21If the one taking the oath was a nazirite who is forbidden to eat an olive-sized portion of grape seeds,22 he is not liable for a [false] sh'vuat bitui if he ate less than an olive-sized portion. [The rationale is that] his intent in taking the oath is only concerning the olive-sized portion for which he is already liable and [hence] the oath does not take effect.23 Therefore if one said: "[I am taking] an oath that I will not eat even one grape seed," and ate it, he is liable.24
Halacha 10
[When a person says: "I am taking] an oath that I will not eat dates, a nevelahor a trefe," and he ate an olive-sized portion of a nevelah or a trefe, he is liable also25 for [taking] a [false] sh'vuat bitui.26 For he included forbidden entities together with permitted entities. Since the oath took effect with regard to the dates, it also takes effect with regard to the forbidden entities, as we explained.27
Halacha 11
Halacha 12
Halacha 13
[When a person says: "I am taking] an oath that I will eat this loaf. [I am taking] an oath that I will not eat it," the second oath is an oath taken in vain, for he is commanded to eat it.33 He is liable for lashes for the second oath whether he partakes of [the loaf] or not.34 If he does not eat it,35 he is liable also for [not fulfilling] a sh'vuat bitui.36
Halacha 14
[When a person says: "I am taking] an oath that I will not eat this loaf. [I am taking] an oath that I will eat it," the second oath is an oath taken in vain, for he is forbidden to eat it.37 He is liable for lashes for the second oath whether he partakes of [the loaf] or not. If he eats it, he is liable also for [not fulfilling] ash'vuat bitui.
Halacha 15
What is implied? For example, a person took an oath that he would not make asukkah, he would not put on tefillin, he would not give charity, he is liable for lashes for taking an oath in vain.40 Similarly, [one is liable] if he takes an oath for a colleague that he will not give testimony that he knows or that he will not testify if he will know testimony, for he is commanded to testify.41 Similarly, if he tells a colleague: "[I am taking] an oath that I will never know testimony concerning you," it is an oath taken in vain, for it is not within his capacity [to be certain] that he will never know of testimony concerning him. Similar laws apply in all analogous situations.
Halacha 16
When a person takes an oath to fulfill a mitzvah and fails to fulfill it, he is not liable for not fulfilling a sh'vuat bitui.42
What is implied? A person took an oath to make a lulav or a sukkah, to give charity, or to testify on behalf [of a colleague] if he knew testimony [that could affect him]. If he did not make [these articles], give [the charity], or testify, he is exempt for [not fulfilling his] sh'vuat bitui. For a sh'vuat bitui takes effect only with regard to matters left to one's choice - [i.e., matters that] if he wants to, he may perform and if he does not want to, he need not perform, as implied by [Leviticus 5:4]: "whether he will do harm or do good."
Therefore whenever anyone takes an oath to harm another person, he is exempt from a sh'vuat bitui, e.g., he takes an oath to strike so-and-so, to curse him, steal his money, or deliver him to the control of a man of force. [The rationale is that] he is commanded not to do [these things]. It appears to me that he is liable for lashes for taking an oath in vain.43
Halacha 17
If a person took an oath to harm himself, e.g., he took an oath to inflict injury upon himself, the oath takes effect even though he is not allowed to do so.44If he does not harm himself, he is liable for [not fulfilling] a sh'vuat bitui.
If he took an oath to help others with regard to a matter with which he could help them,45 e.g., to speak to the ruling authorities or to show him honor, the oath takes effect. If he transgresses and does not carry out [his promise], he is liable for [not fulfilling] a sh'vuat bitui.
Halacha 18
One who takes an oath not to eat matzah for a year or two is forbidden to eat matzah on the nights of Pesach.46 If he eats it, he is liable, for violating ash'vuat bitui. This is not considered as an oath taken in vain, since he did not take an oath [specifically] not to eat matzah on the nights of Pesach. Instead, he included the times when eating matzah is a matter of choice together with those when it is a mitzvah. Since the oath takes effect with regard to the other days, it also takes effect with regard to Pesach. Similar laws apply in all analogous situations,47 e.g., one took an oath not to sit in the shade of asukkah forever,48 or not to wear a garment for a year or two.49
Halacha 19
If one took an oath that he put on tefillin that day or did not put them on, or wrapped himself in tzitzit or did not wrap himself in them, he is taking a sh'vuat bitui with regard to the past.50 For he is describe something which happened. He is not taking an oath whether to fulfill or not to fulfill a mitzvah.
Halacha 20
If a person took an oath that he will not sleep for a three-day period, he will not eat for seven days, or the like, it is an oath taken in vain.51 We do not say that the person should remain awake until he is overcome by pain or fast until he is overcome by pain and [only] when he no longer has the strength to bear [the suffering], eat or sleep.52 Instead, he is liable for lashes53 immediately for taking an oath in vain. He may eat and sleep whenever he desires.54
Halacha 21
When a person takes an oath that he saw a camel flying in the sky and when questioned: "How could you have taken an oath in vain?", he responded: "I saw a huge bird and because of its size, I called it a camel. This was my intent," [his words] are of no consequence. For when all people mention a camel that is their intent. His intention is nullified because of that of people at large55 and he is liable for lashes.56 Similar laws apply in all analogous situations.
Halacha 22
It is a known matter to the sages who are masters of wisdom and knowledge that the sun is 170 times greater than the earth.57 [Nevertheless,] if one of the common people takes an oath that the sun is greater than the earth, he is not liable for taking an oath in vain.58 For even though this is the fact, this concept is not known to people at large, only to great sages. One is liable [for an oath taken in vain] only when he takes an oath concerning a matter that is known and obvious to three ordinary people, e.g., [an oath that] a man is a man or a stone is a stone.
Similarly, when he takes an oath that the sun is smaller than the earth, he is not liable for lashes [for an oath taken in vain] although this is not the reality. For this matter is not known to all people.59 Such a person is not comparable to one who takes an oath that a man is a woman. For he took the oath according to his perception, for the sun looks small. Similar laws apply to other comparable concepts from the reckoning of the factors determining the calendar, astronomy, geometry, and other abstract concepts of the like that can be perceived only by other people.
| FOOTNOTES | |
| 1. |
Although the concept of a sh'vuat bitui applies both with regard to the past and the future (Chapter 1, Halachah 2), it is not necessary that every sh'vuat bitui have both a past and a future component.
|
| 2. |
As the Rambam continues to explain, the oath is not necessarily false, because the other people may do what he postulated. Rashi (Sh'vuot 25a) considers this a false oath. The Siftei Cohen236:4 quotes Rashi's view.
|
| 3. |
The Radbaz and the Kessef Mishneh point out several difficulties with the Rambam's words. Firstly, in Hilchot Sanhedrin, the Rambam does not make such statements explicitly. The only mention of a warning of a doubtful status is in Hilchot Sanhedrin 16:4. From those statements and those here, it appears that the Rambam considers such a warning as significant. There he does not explain the distinction of whether the prohibition is explicitly mentioned in the Torah or not. Also, the prohibition against taking a false oath is explicitly mentioned in the Torah. The Radbaz explains that the intent is that the concept that such an oath is considered as having been taken in vain is not explicit in the Torah and may not be known by an ordinary person.
|
| 4. |
As stated in Chapter 2, Halachah 1, whenever one responds Amen to a colleague's oath, he is bound by it.
|
| 5. |
The Rama (Yoreh De'ah 236:2) mentions two opinions. One emphasizes that the one who took the oath must certainly fulfill it. For example, if one takes an oath to marry a woman, the oath is considered as having been taken in vain, because the woman may not consent. Nevertheless, if she does consent, the man should keep his word and marry here. The other, however, does not consider this as an oath taken in vain, but rather as a false sh'vuat bitui.
|
| 6. |
The Ma'aseh Rokeach maintains that even if the involved parties fulfill the oath, the person taking it is given stripes for rebellious conduct, for he should never have taken such an oath.
|
| 7. |
For in these instances, he has no control over the other person's actions.
|
| 8. |
For he did not know of Shimon's actions.
|
| 9. |
The Tur questions the Rambam's ruling, focusing on the difference between an oath (sh'vuah) and a vow (neder). When taking an oath, a person causes his own person to be prohibited against performing a particular action. To use yeshivah terminology, it is an issur gavra; the prohibition is on the person. When taking a vow, by contrast, he places the prohibition on the object. It is anissur cheftzah.
Now when a person takes a vow against a colleague benefiting from his property, there is no difficulty, because he is placing the prohibition on the property. How can he, however, place a prohibition on a colleague's person? How can his oath take effect?
The Rambam's ruling is quoted by the Shulchan Aruch (Yoreh De'ah 236:3; albeit using slightly different wording). The Turei Zahav 236:7 explains that the Rambam follows the principle stated by the Ramban that an oath expressed using the wording of a vow and a vow expressed using the wording of an oath is binding. The Radbaz, puzzled by the same difficulty, states that this refers to an instance where the colleague answered Amen to the oath.
|
| 10. |
E.g., earth or spoiled foods.
|
| 11. |
The Radbaz explains that he is eating them, not because he considers them as food, but in order to quench his pangs of hunger.
|
| 12. |
An animal that died without ritual slaughter.
|
| 13. |
An animal with a blemish that would cause it to die within twelve months.
|
| 14. |
Since he is already forbidden to partake of these entities by the oath taken by the Jewish people as a whole at Sinai, the oath he takes is of no significance (Sh'vuot 22b). See Halachah 11.
The Radbaz emphasizes that this exclusion applies only with regard to entities forbidden by Scriptural Law, but not those forbidden by Rabbinic Law. For in such an instance, he is not bound by the oath taken by our people at Sinai.
|
| 15. |
Rabbenu Nissim explains the difference between this and the first clause as follows: In the first clause, we assume that the not eating, he referred to in his oath was not eating foods that people usually eat. These articles were not included in his oath, for there is no reason to forbid them. In the second instance, he included everything that he considers as food in his oath.
|
| 16. |
Even before he took his oath.
|
| 17. |
As the Torah states: "Cursed is the man who will not observe the words of this Torah" (Deuteronomy 27:26).
|
| 18. |
The Radbaz explains that although the Rambam maintains that there is a Scriptural prohibition against eating even less than the measure for which one is liable (Hilchot Ma'achalot Asurot 14:2), this is not considered a matter for which one is bound by an oath from Sinai. For that oath includes only those matters which are explicitly mentioned by the Torah and this prohibition is not. There are, however, other Rishonim who do not makes such a distinction. See Siftei Cohen 238:6.
|
| 19. |
The oath takes effect, because, as stated in the previous halachah, for this quantity, he is not bound by an oath from Sinai. The Radbaz states that preferably, he should have this oath nullified. Nevertheless, if that is not possible, it is preferable for him to keep the oath and violate the Scriptural commandment.
|
| 20. |
On the other hand, perhaps, he is not liable, for since he mentioned "eating" in his oath, we assumed that he meant an olive-sized portion.
|
| 21. |
Perhaps he is liable for, as mentioned above, since such articles are not usually eaten, he may be held liable even for eating less than the usual amount or perhaps we require an olive-sized portion.
|
| 22. |
As stated in Numbers 6:4.
|
| 23. |
As stated in Halachah 11.
|
| 24. |
See Chapter 4, Halachah 1.
|
| 25. |
I.e., in addition to violating the prohibition against forbidden foods.
|
| 26. |
We do not say he is required to eat the two together.
|
| 27. |
Chapter 4, Halachah 11.
|
| 28. |
Substances explicitly forbidden by the Torah.
|
| 29. |
This oath does not take effect, because an oath cannot take effect with regard to an object bound by another oath. Since the entire Jewish people are bound by the oath taken at Sinai not to partake of these substances, no other oath involving these entities can take effect (Kessef Mishneh).
|
| 30. |
Were the person to have taken an oath to eat the forbidden substance, he would be taking an oath in vain, for his oath would be to nullify one of the Torah's mitzvot. In this instance, however, he is taking an oath to fulfill the mitzvah. This is permitted. See Nedarim 8b; Chapter 11, Halachah 3.
|
| 31. |
See Chapter 1, Halachah 6.
|
| 32. |
For the oath is considered as having been taken in vain at the moment it was uttered (see Rashi,Sh'vuot 29b).
|
| 33. |
Due to his first oath.
|
| 34. |
As stated in the previous halachah.
|
| 35. |
I.e., within the time period he specified in the oath; alternatively, after the loaf was destroyed or eaten by others. As long as the loaf continues to exist, however, he may fulfill his oath.
|
| 36. |
For his first oath is binding.
|
| 37. |
Due to his first oath, as above.
|
| 38. |
For the reasons stated in Halachah 11.
|
| 39. |
As stated in Chapter 1, Halachah 6.
|
| 40. |
For these are all mitzvot that he is required to fulfill.
|
| 41. |
Sefer HaMitzvot (positive commandment 178) and Sefer HaChinuch (mitzvah 122) count this as one of the 613 mitzvot of the Torah. See Hilchot Edut 1:1.
|
| 42. |
Nor is he liable for taking an oath in vain, for at the time he took the oath, it was not in vain. And one may take an oath to observe the mitzvot, so his intent was desirable (Radbaz).
|
| 43. |
I.e., since performing any one of these acts violates one of the Torah's prohibitions, taking an oath to perform such an act is equivalent to taking an oath to nullify a mitzvah. Nevertheless, the Rambam prefaces his ruling with the words "It appears to me" - which indicate a ruling based on his own deductive processes - for, in prior Rabbinic sources, the statement that taking an oath to nullify a mitzvah is considered taking an oath in vain were made with regard to prohibitions between man and God and these are prohibitions between man and man.
|
| 44. |
Hilchot Chovel UMazik 5:1 states that a person may not injure himself. Nevertheless, since this prohibition is not explicitly stated in the Torah, it is not considered as one is taking an oath to nullify a mitzvah (see Halachah 7) and the oath takes effect (Radbaz).
|
| 45. |
If, however, it is not in his capacity to perform this favor, he is liable for taking an oath in vain, but not for failing to fulfill a sh'vuat bitui (Radbaz).
Performing deeds of kindness fulfills a mitzvah. Nevertheless, since the specific deeds are not explicitly mentioned in the Torah as mitzvot, the violation of an concerning them is considered as a false sh'vuat bitui.
|
| 46. |
When we are commanded to eat matzah. The mitzvah applies only on the night of the fifteenth of Nisan and not throughout the holiday.
|
| 47. |
The Rama (Yoreh De'ah 236:5, quoting the Maharam of Padua, Responsa 74) emphasizes that this ruling only applies with regard to positive commandments, but not with regard to the Torah's prohibitions. Thus if a person took an oath that he would eat all types of meat, we do not say that since the oath takes effect with regard to the kosher meat, it also takes effect with regard to the non-kosher meat.
|
| 48. |
And thus the oath also prevents one from fulfilling the mitzvah of dwelling in a sukkah on Sukkot.
|
| 49. |
The Radbaz interprets the oath as preventing the person from fulfilling the mitzvah of tzitzit. Nevertheless, as the Radbaz himself notes, this interpretation is somewhat problematic, because there is no Scriptural mitzvah to wear tzitzit each day. Instead, the mitzvah is that if one is wearing a four-cornered garment, one must attach tzitzit to it. See Hilchot Tzitzi 3:11. Others interpret this as referring to priests who take such an oath and thus are prevented from wearing the priestly garments while serving in the Temple. As stated in Hilchot Klei HaMikdash 10:4, wearing such garments is a mitzvah.
|
| 50. |
And he is liable if the oath is false.
|
| 51. |
For there is no way that he can keep his word. Thus from the moment he uttered the oath, it was uttered in vain (Radbaz). See Chapter 1, Halachah 7.
|
| 52. |
The Kessef Mishneh quotes Rabbenu Nissim who questions the similarity between the two instances. It is impossible that a person will not sleep for seven days. He will fall asleep whether he desires to or not. Hence, he should not even try to remain awake. With regard to eating, by contrast, seemingly, the person should wait until he reaches a dangerous state and then he should be allowed to eat.
Based on the commentary of the Tzaphnat Paneach, it is possible to explain the differences in approach as follows: According to Rabbenu Nissim, the prohibition is lifted because of the danger, but it is not nullified entirely. Hence, when a person takes an oath on a matter that involves danger, we lift the prohibition, but only after we have waited until the danger is acutely felt. Hence, the oath not to eat is not necessarily a false oath. The oath not to sleep, by contrast, is definitely false, because it is impossible that he will not sleep.
According to the Rambam, by contrast, since there is danger to life involved, the prohibition is nullified entirely. Hence, even the oath not to eat is considered to have been taken in vain.
|
| 53. |
Our translation is based on the commentary of the Radbaz. Even if there is no court to administer this punishment to him, he may eat and sleep whenever he desires. When he is brought before the court, they will subject him to punishment.
|
| 54. |
For the oath is not considered to have taken effect at all.
|
| 55. |
Because the meaning of phrases used by people at large determines the ruling with regard to oaths and vows (Radbaz).
|
| 56. |
For taking an oath in vain.
|
| 57. |
Actually, according to the scientific data available at present, the sun is far larger than this. Some have tried to reconcile the Rambam's statements with this data by explaining that the Rambam is speaking about the actual mass of the sun and not the burning energy on its surface. See Likkutei Sichot, Vol. 10, p. 180.
|
| 58. |
I.e., one might think that since this is the reality, taking such an oath is considered an oath in vain. The Rambam is clarifying that since people at large may not be aware of this fact, it is not placed in that category.
|
| 59. |
The Radbaz states that even if the person taking the oath knows that the sun is larger than the earth, he is not liable for taking an oath that is smaller, for people at large do not know this fact.
|
Shvuot - Chapter 6
Halacha 1
[The following rules apply when] a person took a sh'vuat bitui1 and [then] regretted having taken the oath. If he sees that he will suffer if he upholds this oath and his intent changes or a factor occurred that was not in his intent originally when he took the oath and he changed his mind because of this, he may appeal2 [to be released from his oath] from one sage3 - or from three ordinary people4 in a place where there are no sages. His oath is repealed and he is permitted to perform the matter that he took the oath not to do or not to do the matter that he took an oath to do. This is called the release of an oath.
Halacha 2
This provision has no source in the Written Law.5 Instead, we learned from Moses our teacher through the Oral Tradition that the phrase [Numbers 30:3]: "He should not desecrate his word" means that he himself should not abuse it in a frivolous and brazen manner, as [Leviticus 19:13] states: "[For] you will desecrate the name of Your God."6 Nevertheless, if a person changed his mind and retracted, a sage may release him [from the oath].7
Halacha 3
It is not possible for a person to release himself from his own oath. A person does not have the license to release an oath or a vow in a place where there is a person whose knowledge surpasses his own.8 In a place where his teacher is found, he may only release a vow with the consent of his teacher.
Halacha 4
The person who took the oath - whether male or female - must himself come before the sage to be released. He may not appoint an agent to seek that he be released from his vow.9 A husband may, however, become an agent to express his wife's regret and we release [the oath] for her.10 [This applies] provided the three judges had already gathered together. He should not, however, gather them together at the outset to release her [oath].11 Nor may he serve as an agent to have his wife's vow released.12
Halacha 5
How do we release [an oath]? The person who took the oath must come before the distinguished sage or three ordinary people if there is no expert.13 He says: "I took an oath concerning this and this and I have changed my mind. If I knew that I would feel such discomfort concerning this, I would not have taken the oath. If, at the time of the oath, my understanding was as it is now, I would not have taken the oath."
The wise man or the foremost among the three asks: "Have you already changed your mind?"
He answers: "Yes."
He then tells him: "It is permitted for you," "It is released for you," "It is absolved for you," or the like with this intent in any language.14
Halacha 6
Relatives are acceptable to release vows17 and oaths.18 [Oaths and vows] can be released at night19 and while standing,20 for this release is not a judgment.
For this reason, one may request a release of an oath or a vow on the Sabbath21 if it is necessary for the Sabbath,22 for example, to release his oath so that he can eat and drink today. Even if the person had the opportunity to have his oath or vow released before the Sabbath [and did not], he may have it released on the Sabbath, because it is necessary for the Sabbath.
Halacha 7
When Reuven administered an oath to Shimon and [Shimon] answered Amen23or accepted the oath, if Shimon [later] regrets the oath and asks for it to be released, it should not be released except in the presence of Reuven24 who administered it to him.25
Similarly, if Reuven took an oath or a vow not to benefit from Shimon or that Shimon may not benefit from him and changed his mind and appealed to a sage [for the oath or vow to be released], we do not release him from it except in the presence of Shimon from whom he had vowed not to benefit. Even if Shimon was a minor or a gentile,26 [the oath or vow] is released only in his presence so that the person concerning whom the vow was taken will know that the person had his vow or oath released and thus he will benefit from him.27
Halacha 8
Both a person who took an oath in private and one who took one in public - even one who took an oath in God's ineffable name, [swearing] by God, the Lord of Israel - may appeal for a release of his oath if he changes his mind.28
Halacha 9
What is implied? One took an oath and made his oath dependent on the understanding of others that he would not benefit from so-and-so at all and the people of that city needed someone to teach them the Torah, to circumcise their sons, or to perform ritual slaughter on their behalf and they only found this person,32 he may ask a sage or three ordinary persons [to release him from his oath]. We release his oath. He may perform these mitzvot on their behalf and he may receive his wage33 from the people concerning whom he had taken an oath that he would not benefit from them.
Halacha 10
[The following laws apply when] a person took an oath, did not regret it, and came to the court to carry out his oath. If the judges saw that releasing this oath will lead to a mitzvah and to peace between a husband and his wife or between a man and his associates and carrying it out will lead to transgression and strife, they encourage him [to take] the option [of having the oath released].34They discuss the matter with him, pointing out the consequences of his oath until he regrets [having taken it].35 If he changes his mind because of their words, we release his oath. If he does not change his mind and persists in his stubbornness, he must carry out his oath.
Halacha 11
What is implied? A person took an oath that he would divorce his wife, that Jews would not benefit from his property, that he would not eat meat or drink wine for thirty days or the like, they tell him: "My son, if you divorce your wife, you will cause malicious gossip to circulate concerning her children36 [for people] will say: 'Why was their mother divorced?' In the future, they will be called: 'the children of the divorcee.' [Moreover,] perhaps she will marry someone else and you will never be able to remarry her"37 and the like.38
[And they say:] "The oath you took that Jews should not benefit from your property [is not to your advantage]. Tomorrow, someone may be in need and [by maintaining your oath,] you will violate [the commandments]:39 "And your brother will live with you and you shall support him" [Leviticus 25:35-36] and "You shall surely open [your hand to him" [Deuteronomy 15:8].
[And they say:] "The oath you took not to eat meat or drink wine for thirty days [is not to your advantage]. [Within that time,] you will encounter a festival and nullify the happiness of the festivals and the pleasure of the Sabbath."40
If he says: "Were I to have known this, I would not have taken the oath," we release him [from the oath]. If he says: "Nevertheless, I have not changed my mind and I desire all of this," we do not release him [from the oath].
Halacha 12
We do not encourage one [to take] the option [of having the oath released] because of something that had not occurred [at the time the oath was taken].41
What is implied? One took an oath not to derive benefit from so-and-so and that person became the city scribe. Since the person did not regret taking the oath, we do not encourage him [to take] the option [of having the oath released]. Even if he himself said: "If I knew that [he would be given this position], I would not have taken this oath," we still do not release him from it. For he does not regret [having taken the oath]. Instead, his desire is that he should not derive benefit from him, but that person not to be appointed the scribe. If, however, on his own initiative, he regretted because of what took place and his intent changed,42 we do release the oath. Similar laws apply in all analogous situations.
Halacha 13
When a person takes an oath concerning a matter and then takes a [second] oath that he will never ask to have the [first] oath repealed, [if] he changes his mind, he must first ask that the second oath - that he would never ask to have the oath repealed - be repealed.43 Afterwards, he may ask that the first [oath] be repealed.
Halacha 14
[The following laws apply if] one took an oath that he would not speak to so-and-so and afterwards, took an oath that if he asks for the repeal of this oath and has it released, he will be forbidden to drink wine forever. If he changes his mind, he must first ask for the repeal of the first oath and have it released. Afterwards, he may ask for the repeal of the second oath. For we may not have a vow or an oath repealed before it takes effect.44 Accordingly, if during Nisan, a person took an oath that he will not eat meat for thirty days beginning at Rosh Chodesh Iyar, [should] he change his mind, he may not have the oath repealed until [the month of] Iyar begins.
Halacha 15
If a person takes an oath that he will not benefit from so-and-so and that he will not benefit from the sage who releases him from this oath, first he must ask for the repeal of the first [oath] and then for that of the second.45
Halacha 16
If a person takes an oath that he will not benefit from so-and-so and that he will become a nazirite if he asks for the repeal of this oath, first he must ask for the repeal of his oath and then for that of his nazirite vow.46 Similar laws apply in all analogous situations.
Halacha 17
[The following rules apply when a person says:] "I am taking [an oath that I will not eat today, [I am taking] an oath that I will not eat today, [I am taking] an oath that I will not eat today," or "With regard to this loaf, [I am taking] an oath that I will not eat it, [I am taking] an oath that I will not eat it, [I am taking] an oath that I will not eat it." If he asks for the repeal of the first oath and it is released, he is, nevertheless, liable for the second oath.47 Similarly, if he asks for the repeal of the second oath, he is liable for the third oath. If he asks for the repeal of only the third oath, he is liable for the first and second. [Similarly,] if he asks for the repeal of the second oath,48 he is liable for the first.
If so, what is the meaning of the statement: "An oath cannot take effect [when the matter it concerns is already forbidden] by an oath"? That if the person did not repeal [any of] the oaths and ate [the forbidden article], he would be liable only once, as we explained.49
Halacha 18
When a person takes a sh'vuat bitui regarding the future and violated his oath, e.g., he took an oath that he would not eat a loaf of bread and ate it, if he changes his mind, he may ask a sage to repeal it after eating it before bringing his sacrifice if he [ate it] inadvertently or before he was lashed if he did so willingly. [If the sage] releases the oath, he is exempt from the sacrifice or from the lashes. Moreover, even if they bound him [in preparation for lashes], he asked for the repeal of the oath and it was released before they began to administer lashes, he is exempt.50
| FOOTNOTES | |
| 1. |
Kiryat Sefer emphasizes that the concept of repealing an oath applies only with regard to a sh'vuat bitui that involves the future. With regard to a sh'vuat bitui that involves the past, an oath taken in vain, a sh'vuat hapikadon, or an oath regarding testimony, it does not apply. These oaths cannot be repealed for the transgression was performed at the time they were uttered.
More particularly, as the Radbaz explains, there is a difference between a sh'vuat bitui that involves the future and one that involves the past. For when taking a sh'vuat bitui that involves the past as well, as soon as one utters the oath it is false. Nevertheless, he states that it is customary to repeal even this oath to minimize one's punishment.
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| 2. |
The Rambam uses the passive form, nishal, rather than the active form sho'el. Tosafot Yom Tov, Shabbat 24:5 explains that form is used because the person asked for the repeal of the oath is asked many questions by the sage.
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| 3. |
The sage must be of unique distinction in Torah knowledge to be given the privilege of releasing oaths alone. Nevertheless, he need not have been granted the special semichah extending back to Moses our teacher. For the Torah does not describe the judges with the term elohim in the passage concerning oaths (Rabbenu Nissim).
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| 4. |
In his Kessef Mishneh, Rav Yosef Caro maintains that the Rambam's words can be interpreted simply: Even three ordinary people can perform this function. The Radbaz, by contrast, maintains that the intent is three Torah scholars who are knowledgeable, but are not worthy of being called sages. In his Shulchan Aruch (Yoreh De'ah 228:1), Rav Caro, however, rules that the three men repealing the oath must be knowledgeable. He also states that in the present age, there are no sages of the stature to repeal an oath alone.
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| 5. |
See Chagigah 10a which states: "The release of vows is hanging in the air and they have nothing to depend on."
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| 6. |
That verse begins: "You shall not take a false oath in My name."
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| 7. |
See also Chapter 12, Halachah 12.
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| 8. |
This is an expression of respect for the greater scholar. The Radbaz states that he has not seen this restriction observed and question why this leniency is taken. If the greater scholar grants permission, the lesser scholar may release the oath [Shulchan Aruch (Yoreh De'ah 228:2)]. Nevertheless, after the fact, if a lesser scholar releases an oath even without permission, the release is binding.
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| 9. |
Nor may he send a written request to the court (Radbaz). He may, however, use a translator [Jerusalem Talmud (Nedarim 10:8); Rama (Yoreh De'ah 228:16)].
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| 10. |
For a husband and his wife are considered as the same person.
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| 11. |
Nedarim 8b explains that if a person takes the effort to gather a court together, we fear that he will also exaggerate his wife's statements and the court's cross-examination of him will not be effective.
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| 12. |
I.e., he may not serve as one of the three judges who release the vow [Radbaz; Shulchan Aruch(Yoreh De'ah 234:57)]. This interpretation resolves the objection raised by the Ra'avad. Since he is identified with his wife to the extent that he is considered as the same person, he cannot act objectively with regard to her issues.
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| 13. |
See Halachah 1.
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| 14. |
I.e., he need not make a formal statement in Hebrew.
In his Commentary to the Mishnah, Nedarim 10:8, the Rambam elaborates on this rite:
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| 15. |
The Torah gave them this power. See Hilchot Nedarim, Chapter 13, for an explanation of this issue.
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| 16. |
The Radbaz explains that the term "nullify" or "uproot" imply being overpowered by a stronger authority without reason. For the woman is placed under the control of her husband or father and with or without reason, he may nullify her oath even against her will. His authority overpowers the oath, as it were. "Permit," "release," or the like, by contrast, imply that a decision is made on the basis of logic and the oath is revoked as if it never existed. See also the Rambam's Commentary to the Mishnah, loc. cit., where he discusses the differences between these two terms.
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| 17. |
Thus two relatives may sit on the same "court" that releases vows on the day preceding Rosh HaShanah.
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| 18. |
Although they are not acceptable to serve on the same court with regard to cases of law.
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| 19. |
In contrast to judgments of law which may be rendered only during the day.
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| 20. |
In contrast to judgments that are rendered while sitting.
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| 21. |
When it is forbidden to render judgments (Hilchot Shabbat 23:14).
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| 22. |
If, however, it is not for the sake of the Sabbath, it may not be released on the Sabbath, because it is forbidden to perform any activity for the weekdays on the Sabbath (Radbaz). See Hilchot Nedarim 13:8 with regard to the nullification of vows and oaths by a husband or a father.
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| 23. |
Which causes the oath to take effect, as stated in Chapter 2, Halachah 1.
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| 24. |
The Shulchan Aruch (Yoreh De'ah 228:20) states that Reuven must "be notified." The Rama maintains that he must also consent to the oath being released. The Shulchan Aruch also states that this law applies only when the oath was taken in response to a favor the person performed for him.
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| 25. |
Lest Shimon see Reuven not paying attention to the oath and think that he violated the Torah's prohibition. Alternatively, so that Reuven will be embarrassed and not treat oath and vows frivolously [Jerusalem Talmud (Nedarim 5:4)].
The Radbaz and the Hagahot Maimoniot state that, after the fact, if Reuven had the oath released outside Shimon's presence, the release is binding. The Radbaz, however, states that if the oath involves financial claims, the person in whose presence the oath was taken must be present.
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| 26. |
Who are not obligated in the observance of mitzvot. Nedarim 65a states that since Moses took an oath in the presence of Jethro, his father-in-law, to stay in Midian, he had to have the oath nullified in Jethro's presence. At that time, Jethro was not Jewish.
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| 27. |
The standard printed text of the Mishneh Torah concludes "or provide benefit for him." This appears to be a printing error; it is not found in manuscripts or early printings.
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| 28. |
I.e., we do not say that since the respect due God's name will be compromised, the oath may not be released.
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| 29. |
At least three (Radbaz, based on Gittin 46a).
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| 30. |
The Tur and the Shulchan Aruch (Yoreh De'ah228:21) state that we may release the oath or vow if those people consent. The Rama states that the oath can never be released. The difference between these rulings depends on the rationale for this decision. Rabbenu Nissim explains that taking an oath based on the understanding of others reinforces the severity of the oath and prevents it from being repealed. Others explain that the person is merely substituting the others for himself. Just as ordinarily an oath is dependent on his own understanding, now it is dependent on that of others.
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| 31. |
For we assume the others would agree not to enforce the oath when doing so would prevent the fulfillment of a mitzvah (Tosafot, Gittin 36a).
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| 32. |
I.e., the person who took the oath.
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| 33. |
The Ra'avad objects to the Rambam's ruling, stating that he misinterpreted the passage fromGittin, loc. cit. The Ra'avad continues, explaining that in the situation described by the Rambam, it is preferable for the person to teach without charging a wage. Moreover, he is not responsible for the Torah education of those children and hence, the motivation to have the oath rescinded is not his.
The Kessef Mishneh supports the Rambam's ruling, noting (see Hilchot Talmud Torah 1:2) that a sage is obligated to teach all the students, not only the members of his family. The Radbaz explains that it is preferable that he work for a wage than do so gratuitously, for a person who does not receive a wage for his work will not apply himself sufficiently.
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| 34. |
I.e., they try to influence him to change his mind and express his regret.
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| 35. |
The Ma'aseh Rokeach explains that we are talking about a situation in which the person feels uncomfortable with keeping the oath in the future, but does not regret having made it. In such a situation, the oath cannot be repealed (see Shulchan Aruch (Yoreh De'ah 228:7). Therefore the court, as the Rambam illustrates, explains the negative consequences of the oath so that the person will feel genuine regret.
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| 36. |
I.e., people will spread rumors that the children were conceived out of adultery and are illegitimate.
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| 37. |
As stated in Hilchot Gerushin 11:12.
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| 38. |
For example, Nedarim 66b states that we warn him that paying the woman's ketubah is a significant expense.
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| 39. |
See Hilchot Matanot Aniyim 7:1 which mentions these obligations.
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| 40. |
See Hilchot Shabbat 30:10; Hilchot Sh'vitat Yom Tov 6:16,18 which detail how partaking of these foods leads to the fulfillment of these mitzvot.
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| 41. |
The Ra'avad objects to the Rambam's ruling, explaining that we do encourage the person to ask for the repeal of an oath if the factor that caused the oath was a reasonable probability. To support his argument, he refers to Nedarim 64b which states that God encouraged Moses to nullify his vow not to return to Egypt, telling him that the people who caused him to flee had died. The Talmud explains that the individuals concerned, Datan and Aviram, had not actually died; they merely became impoverished and "a poor person is considered as if he died." Since poverty is a frequent occurrence, it was appropriate for God to encourage Moses to ask to have his oath repealed. The Radbaz explains that the Rambam would also accept this principle, but the Kessef Mishnehdiffers.
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| 42. |
I.e., he regretted taking the oath not to benefit from him, because he realized that he could become the city scribe.
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| 43. |
Otherwise, asking for the repeal of the first oath would violate the second oath (Kessef Mishneh).
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| 44. |
And the second oath will not take effect until the first oath is released. The Siftei Cohen 228:30 writes that even after the fact, an oath cannot be nullified until it takes effect.
This refers to the repeal of a vow or an oath by a sage. A father or a husband, by contrast, may nullify a vow before it takes effect. See Hilchot Nedarim 12:12.
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| 45. |
For as above, the second oath cannot be repealed until it takes effect. See the Radbaz who offers explanations why the Rambam includes this and the following halachah though seemingly they could easily be derived from the previous one.
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| 46. |
Even though it is a mitzvah, a nazirite vow can be repealed. See Hilchot Nazirut 3:10.
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| 47. |
For even though he is not liable for that second oath until the first oath is repealed, the second oath is not nullified. Instead, it is valid and thus can take effect after the first oath is nullified.
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| 48. |
The Rambam maintains that since this oath is prevented from taking effect only because of another oath, one can ask for it to be repealed. Based on this view, the Radbaz maintains that one may have all the relevant oaths repealed with one request. There are, however, other views (the Ramban), who maintain that since the second and third oaths have not taken effect, they cannot be repealed. The Shulchan Aruch (Yoreh De'ah 228:46) cites the Ramban's view, while the Siftei Cohen 228:110 mentions that of the Rambam.
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| 49. |
Chapter 4, Halachah 10.
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| 50. |
Once the court begins administering the lashes, the oath cannot be repealed (Radbaz).
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• Monday, Nissan 10, 5775 · 03/30/2015
"Today's Day"
Torah lessons: Chumash: Metzora, Chamishi with Rashi.
Tehillim: 55-59.
Tanya: Ch. 41. One must, (p. 205)...of servile work. (p. 205).
On the subject of the campaign to popularize the observance of taharat hamishpacha1in your community, ponder this deeply: Let us imagine that G-d were to give you the opportunity to save a Jewish community from extinction (G-d forbid), you would certainly be willing to risk your life for this and you would thank and praise him for His great kindness in offering you an opportunity of such enormous merit. The same then holds true to an even greater degree with regard to the campaign for taharat hamishpacha; it is an endeavor which literally saves lives.
FOOTNOTES
1. "Family purity"; see Kislev 27; Sh'vat 21.
Daily Thought:
Not By Choice
We are not Jews by choice. We are not circumcised by choice—they do it to us before we can be asked. Neither did anyone ask us if we would like to be obligated in all these mitzvahs—not since Mount Sinai. Even the one who joins us does so because something propels him from inside.
If we were Jews because our minds and hearts told us so, then our Judaism would take us only as far as our minds and hearts can know. But we are not. And so, our journey is on eagle’s wings and our destiny beyond the stars.
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