Today's Laws & Customs:
• Today's 'Nasi': Asher
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 Asher, Pagiel ben Achran, for the inauguration of the Mishkan.
Text of today's Nasi in Hebrew and English.
Today in Jewish History:
• Jews Circumcise upon Entering Canaan (1273 BCE)
Following the Jewish nation's crossing of the Jordan into the land of Canaan (see entry for "Nissan 10"), and in preparation for the bringing of the Passover Offering, all the men were circumcised under the guidance of Joshua.
Due to the weather conditions in the desert which were not conducive for the healing of wounds, throughout the forty year desert sojourn only the Tribe of Levi circumcised their sons.
Links:
Brit Milah; Circumcision
Joshua ch. 5
• Passing of Nachmanides (1270)
11 Nissan marks the passing of Nachmanides ("Ramban", Rabbi Moshe ben Nachman, 1194-1270) -- Torah scholar, Kabbalist, philosopher, physician and Jewish leader -- in 1270.
• Passing of Sheloh (1630)
Rabbi Isaiah Halevi Horowitz was a noted kabbalist, famous as the "Sheloh Hakodosh" (the saintly Sheloh) the acronym of his magnum opus, Shnei Luchot Habrit.
He held Rabbinical positions in various communities in Europe, before emigrating to Israel. He passed away in Tiberius at the age of 70.
Link: Rabbi Isaiah Halevi Horowitz
• Lubavitcher Rebbe Born (1902)
The Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, was born on this date in 1902.
Links:
TheRebbe.org
A Timeline biography
54 Years, 54 Ideas
Contemporary Chassidic Stories of the Rebbe
More on the Rebbe
• Education and Sharing Day USA (1978-Current)
To emphasize the vital role of education in society, the United States annually marks "Education and Sharing Day U.S.A."
Established in 1978 by a joint Congressional resolution, Education Day U.S.A. focuses on the very foundation of meaningful education: instructing our youth in the ways of morality and ethics, and teaching them an appreciation for divine inviolable values.
The Presidents designate annually Education and Sharing Day U.S.A. on the anniversary of the birth of the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, who dedicated his life to the cause of education.
Links:
Education and Sharing Day U.S.A Homepage
A blueprint for meaningful education
The Rebbe's talks on the importance of education
A brief history
Yearly commemoration of "Education and Sharing Day U.S.A."
Daily Quote:
Why have You done bad to this people?![Moses to G‑d (Exodus 5:22)]
Daily Study:
Chitas and Rambam for today:
Chumash: Shemini, 3rd Portion Leviticus 9:24-10:11 with Rashi
• Chapter 9
24And fire went forth from before the Lord and consumed the burnt offering and the fats upon the altar, and all the people saw, sang praises, and fell upon their faces. כדוַתֵּצֵא אֵשׁ מִלִּפְנֵי יְהֹוָה וַתֹּאכַל עַל הַמִּזְבֵּחַ אֶת הָעֹלָה וְאֶת הַחֲלָבִים וַיַּרְא כָּל הָעָם וַיָּרֹנּוּ וַיִּפְּלוּ עַל פְּנֵיהֶם:
and sang praises: Heb. ויַָּרֹנּוּ, as Targum [Onkelos] renders it [namely, “and they praised” God]. וירנו: כתרגומו:
Chapter 10
1And Aaron's sons, Nadab and Abihu, each took his pan, put fire in them, and placed incense upon it, and they brought before the Lord foreign fire, which He had not commanded them. אוַיִּקְחוּ בְנֵי אַהֲרֹן נָדָב וַאֲבִיהוּא אִישׁ מַחְתָּתוֹ וַיִּתְּנוּ בָהֵן אֵשׁ וַיָּשִׂימוּ עָלֶיהָ קְטֹרֶת וַיַּקְרִיבוּ לִפְנֵי יְהֹוָה אֵשׁ זָרָה אֲשֶׁר לֹא צִוָּה אֹתָם:
2And fire went forth from before the Lord and consumed them, and they died before the Lord. בוַתֵּצֵא אֵשׁ מִלִּפְנֵי יְהֹוָה וַתֹּאכַל אוֹתָם וַיָּמֻתוּ לִפְנֵי יְהֹוָה:
And fire went forth: Rabbi Eliezer says: Aaron’s sons died only because they rendered halachic decisions in the presence of Moses, their teacher. Rabbi Ishmael says: [They died because] they had entered the sanctuary after having drunk wine. The proof is that after their death, [Scripture] admonished the survivors that they may not enter the sanctuary after having drunk wine. This is analogous to a king who had a faithful attendant. [When he found him standing at tavern entrances, he severed his head in silence and appointed another attendant in his place. We would not know why he put the first to death, but for his enjoining the second thus, “You must not enter the doorway of taverns,” from which we know that for such a reason he had put the first one to death. Thus [it is said], “And fire went forth from before the Lord and consumed them, and they died before the Lord.” But we would not know why they [Nadab and Abihu] died, but for His commanding Aaron, “Do not drink wine that will lead to intoxication.” We know from this that they died precisely on account of the wine. For this reason Scripture showed love to Aaron by directing the divine utterance to him alone, thus, “Do not drink wine that will lead to intoxication,”] as recounted in Vayikra Rabbah (12:1). ותצא אש: רבי אליעזר אומר לא מתו בני אהרן אלא על ידי שהורו הלכה בפני משה רבן. רבי ישמעאל אומר שתויי יין נכנסו למקדש, תדע שאחר מיתתן הזהיר הנותרים שלא יכנסו שתויי יין למקדש. משל למלך, שהיה לו בן בית וכו', כדאיתא בויקרא רבה:
3Then Moses said to Aaron, "This is what the Lord spoke, [when He said], 'I will be sanctified through those near to Me, and before all the people I will be glorified.' " And Aaron was silent. גוַיֹּאמֶר משֶׁה אֶל אַהֲרֹן הוּא אֲשֶׁר דִּבֶּר יְהֹוָה | לֵאמֹר בִּקְרֹבַי אֶקָּדֵשׁ וְעַל פְּנֵי כָל הָעָם אֶכָּבֵד וַיִּדֹּם אַהֲרֹן:
This is what the Lord spoke: But when did He speak? [It was when He said], “And I will meet with the children of Israel, and it will be sanctified through My glory (בִּכְבוֹדִי) ” (Exod. 29:43). Do not read בִּכְבוֹדִי, “through My glory,” but בִּמְכֻבָּדַי, “through My honorable ones.” Moses said to Aaron, “Aaron, my brother! I knew that this House was to be sanctified through the beloved ones of the Omnipresent, but I thought it would be either through me or through you. Now I see that they [Nadab and Abihu] were greater than I or you!”- [Vayikra Rabbah 12:2] הוא אשר דבר וגו': היכן דבר ונועדתי שמה לבני ישראל ונקדש בכבודי (שמות כט מג). אל תקרי בכבודי אלא במכובדי. אמר לו משה לאהרן אהרן אחי יודע הייתי שיתקדש הבית במיודעיו של מקום והייתי סבור או בי או בך, עכשיו רואה אני שהם גדולים ממני וממך:
And Aaron was silent: [and did not complain. Consequently,] he was rewarded for his silence. And what reward did he receive? That God addressed him exclusively in the [ensuing] passage regarding those who drink wine [as verse 8 says, “And the Lord spoke to Aaron, saying…”]. — [Vayikra Rabbah 12:2] וידם אהרן: קבל שכר על שתיקתו. ומה שכר קבל, שנתייחד עמו הדיבור, שנאמרה לו לבדו פרשת שתויי יין:
with those near to Me: [I.e.,] My chosen ones. בקרבי: בבחירי:
and before all the people I will be glorified: When the Holy One, blessed is He, exacts judgment upon the righteous, He becomes feared, exalted, and praised. Now, if this is so concerning the righteous, how much more is it so concerning the wicked! Similarly, the verse says “You are awesome, O God, from Your sanctuaries (מִמִּקְדָּשֶׁי) ” (Ps. 68:36). Do not read מִמִּקְדָּשֶׁי “from Your sanctuaries,” but מִמְּקֻדָּשֶׁי, “because of Your sanctified ones.” - [Zev. 115b] ועל פני כל העם אכבד: כשהקב"ה עושה דין בצדיקים מתיירא ומתעלה ומתקלס, אם כן באלו, כל שכן ברשעים, וכן הוא אומר (תהלים סח לו) נורא א-להים ממקדשיך, אל תקרא ממקדשיך אלא ממקודשיך:
4And Moses summoned Mishael and Elzaphan, the sons of Aaron's uncle Uzziel, and said to them, "Draw near; carry your kinsmen from within the Sanctuary, to the outside of the camp. דוַיִּקְרָא משֶׁה אֶל מִישָׁאֵל וְאֶל אֶלְצָפָן בְּנֵי עֻזִּיאֵל דֹּד אַהֲרֹן וַיֹּאמֶר אֲלֵהֶם קִרְבוּ שְׂאוּ אֶת אֲחֵיכֶם מֵאֵת פְּנֵי הַקֹּדֶשׁ אֶל מִחוּץ לַמַּחֲנֶה:
Aaron’s uncle: Uzziel was Amram’s brother, as it says, “And the sons of Kohath were [Amram…and Uzziel], etc.” (Exod. 6:18). דד אהרן: עזיאל אחי עמרם היה, שנאמר (שמות ו יח) ובני קהת וגו':
carry your kinsmen [from within the Sanctuary], etc.: As a person would say to his fellow [when someone had died at a wedding feast], “Remove the deceased from before the bride so as not to disturb the joyous occasion.” [Here, too, Mishael and Elzaphan were to remove the dead “from inside the sanctuary,” so as not to disturb the serenity of the investitures of the Sanctuary.] שאו את אחיכם וגו': כאדם האומר לחבירו העבר את המת מלפני הכלה, שלא לערבב את השמחה:
5So they approached and carried them with their tunics to the outside of the camp, as Moses had spoken. הוַיִּקְרְבוּ וַיִּשָּׂאֻם בְּכֻתֳּנֹתָם אֶל מִחוּץ לַמַּחֲנֶה כַּאֲשֶׁר דִּבֶּר משֶׁה:
with their tunics: [i.e., with the tunics] of the dead ones [the tunics of Nadab and Abihu, not Mishael and Elzaphan, for the latter were Levites and did not wear the tunics of the kohanim]. This teaches us that their garments had not been burnt, but [only] their souls. Two thread-like [sparks] of fire entered their nostrils [thereby destroying their souls along with all their internal organs, but leaving their external body structures intact. See Be’er Basadeh]. — [Torath Kohanim 10:25] בכתנתם: של מתים מלמד שלא נשרפו בגדיהם אלא נשמתם כמין שני חוטין של אש נכנסו לתוך חוטמיהם:
6And Moses said to Aaron and to Eleazar and to Ithamar, his sons, "Do not leave your heads unshorn, and do not rend your garments, so that you shall not die, and lest He be angry with the entire community, but your brothers, the entire house of Israel, shall bewail the conflagration that the Lord has burned. ווַיֹּאמֶר משֶׁה אֶל אַהֲרֹן וּלְאֶלְעָזָר וּלְאִיתָמָר | בָּנָיו רָאשֵׁיכֶם אַל תִּפְרָעוּ | וּבִגְדֵיכֶם לֹא תִפְרֹמוּ וְלֹא תָמֻתוּ וְעַל כָּל הָעֵדָה יִקְצֹף וַאֲחֵיכֶם כָּל בֵּית יִשְׂרָאֵל יִבְכּוּ אֶת הַשְּׂרֵפָה אֲשֶׁר שָׂרַף יְהֹוָה:
Do not leave [your heads] unshorn: [I.e.,] do not let your hair grow long. — [Torath Kohanim 10:25] [Had Moses not commanded them, they would have let their hair grow long as a sign of mourning. We learn] from here that a mourner is forbidden to cut his hair (Moed Katan 14b). “But you shall not disturb the happiness of the Omnipresent [at the investitures of the Mishkan].” אל תפרעו: אל תגדלו שער. מכאן שאבל אסור בתספורת, אבל אתם אל תערבבו שמחתו של מקום:
so that you shall not die: But if you do so [and leave your heads unshorn and rend your garments], you will die. — [Torath Kohanim 10:31] ולא תמתו: הא אם תעשו כן תמותו:
But your brothers, the entire house of Israel, [shall bewail]: From here [we learn] that when [Torah] scholars are afflicted, all of Israel is obligated to mourn for them. ואחיכם כל בית ישראל: מכאן שצרתן של תלמידי חכמים מוטלת על הכל להתאבל בה:
7And do not go out of the entrance of the Tent of Meeting, lest you die, because the Lord's anointing oil is upon you." And they did according to Moses' order. זוּמִפֶּתַח אֹהֶל מוֹעֵד לֹא תֵצְאוּ פֶּן תָּמֻתוּ כִּי שֶׁמֶן מִשְׁחַת יְהֹוָה עֲלֵיכֶם וַיַּעֲשׂוּ כִּדְבַר משֶׁה:
8And the Lord spoke to Aaron, saying, חוַיְדַבֵּר יְהֹוָה אֶל אַהֲרֹן לֵאמֹר:
9Do not drink wine that will lead to intoxication, neither you nor your sons with you, when you go into the Tent of Meeting, so that you shall not die. [This is] an eternal statute for your generations, טיַיִן וְשֵׁכָר אַל תֵּשְׁתְּ | אַתָּה | וּבָנֶיךָ אִתָּךְ בְּבֹאֲכֶם אֶל אֹהֶל מוֹעֵד וְלֹא תָמֻתוּ חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם:
wine that will lead to intoxication: Heb. יַיִן וְשֵׁכָר. [שֵׁכָר does not mean other strong drink,] but wine in a manner that leads to intoxication" [namely, sufficient wine to cause intoxication, undiluted, and drunk without interruption]. — [Torath Kohanim 10:35] יין ושכר: יין דרך שכרותו:
when you go into the Tent of Meeting: We know only [that a kohen is forbidden] to enter the Heichal [after drinking wine]. How do we know that [this prohibition applies also to] approaching the altar [which is outside the Heichal]? [The answer is:] Here [in our verse] it speaks of “entering the Tent of Meeting.” Regarding washing the hands and feet [at the washstand-see Exod. 30:1721], “entering the Tent of Meeting” is [also] mentioned (verse 20). [Now, concerning washing, approaching the altar is regarded as similar to entering the Tent of Meeting insofar as both require washing the hands and feet, as it says, “When they enter the Tent of Meeting, they shall wash with water… or when they approach the altar to serve” (Exod. 30:20). Hence,] just as there [in the case of washing], Scripture made approaching the altar the same as entering the Tent of Meeting, here too, it made approaching the altar the same as entering the Tent of Meeting [insofar as both are equally prohibited when the kohen has drunk wine]. — [Torath Kohanim 10:37] בבאכם אל אהל מועד: אין לי אלא בבואם להיכל, בגשתם למזבח מנין, נאמר כאן ביאת אהל מועד, ונאמר בקידוש ידים ורגלים ביאת אהל מועד, מה להלן עשה גישת מזבח כביאת אהל מועד, אף כאן עשה גישת מזבח כביאת אהל מועד:
10to distinguish between holy and profane and between unclean and clean, יוּלֲהַבְדִּיל בֵּין הַקֹּדֶשׁ וּבֵין הַחֹל וּבֵין הַטָּמֵא וּבֵין הַטָּהוֹר:
to distinguish: [I.e.,] so that you can distinguish between a holy service and one that has been profaned. Thus you have learned that if one performed a particular service [after having drunk wine], it is invalid. — [Torath Kohanim 10:39] ולהבדיל: כדי שתבדילו בין עבודה קדושה למחוללת, הא למדת שאם עבד, עבודתו פסולה:
11and to instruct the children of Israel regarding all the statutes which the Lord has spoken to them through Moses. יאוּלְהוֹרֹת אֶת בְּנֵי יִשְׂרָאֵל אֵת כָּל הַחֻקִּים אֲשֶׁר דִּבֶּר יְהֹוָה אֲלֵיהֶם בְּיַד משֶׁה:
and to instruct: [This] teaches that an intoxicated person is prohibited to render halachic decisions. One might think that he incurs the death penalty [like the intoxicated kohen who performs the sacrificial service (see verse 9)]. Scripture [therefore] says, “[neither] you nor your sons with you…so that you shall not die” (verse 9). [This implies that only intoxicated] kohanim in their service incur the death penalty, whereas [intoxicated] sages who render halachic decisions do not incur the death penalty. — [Torath Kohanim 10:38] ולהורת: למד שאסור שיכור בהוראה. יכול יהא חייב מיתה, תלמוד לומר אתה ובניך אתך ולא תמותו (פסוק ט), כהנים בעבודתם במיתה, ואין חכמים בהוראתם במיתה:Daily Tehillim: Psalms Chapters 60 - 65
• Chapter 60
• Lessons in Tanya
• Tuesday, Nissan 11, 5775 · March 31, 2015
Rambam:
• Sefer Hamitzvos:
Tuesday, Nissan 11, 5775 · March 31, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 248
Denying a Debt
"Do not deny"—Leviticus 19:11.
It is forbidden for a person to deny a debt that he owes or to deny that a person entrusted him an object for safekeeping.
Negative Commandment 249
Swearing Falsely in Denial of a Debt
"Do not lie to each other"—Leviticus 19:11.
It is forbidden to take a false oath in denial of a debt or any other financial obligation.
• 1 Chapter: Order of Prayers Order of Prayers - The Text of All the Intermediate Blessings
• Tuesday, Nissan 11, 5775 · 03/31/2015
"Today's Day"
Torah lessons: Chumash: Metzora, Shishi with Rashi.
Tehillim: 60-65.
Tanya: "And, behold, (p. 205)...Tallit or phylacteries. (p. 207).
On his birthday, one should spend time in seclusion. He should recall his experiences and think deeply into them. He should then repent and correct those (of his past deeds) that need correction and repentance.
FOOTNOTES
*. On this day, Nissan 11, 5662 (1902), the Rebbe was born to his parents Rabbi Levi Yitzchak and Rebbetzin Chana Schneerson. May we soon merit to be reunited with all of them with the coming of Moshiach.
Chumash: Shemini, 3rd Portion Leviticus 9:24-10:11 with Rashi
• Chapter 9
24And fire went forth from before the Lord and consumed the burnt offering and the fats upon the altar, and all the people saw, sang praises, and fell upon their faces. כדוַתֵּצֵא אֵשׁ מִלִּפְנֵי יְהֹוָה וַתֹּאכַל עַל הַמִּזְבֵּחַ אֶת הָעֹלָה וְאֶת הַחֲלָבִים וַיַּרְא כָּל הָעָם וַיָּרֹנּוּ וַיִּפְּלוּ עַל פְּנֵיהֶם:
and sang praises: Heb. ויַָּרֹנּוּ, as Targum [Onkelos] renders it [namely, “and they praised” God]. וירנו: כתרגומו:
Chapter 10
1And Aaron's sons, Nadab and Abihu, each took his pan, put fire in them, and placed incense upon it, and they brought before the Lord foreign fire, which He had not commanded them. אוַיִּקְחוּ בְנֵי אַהֲרֹן נָדָב וַאֲבִיהוּא אִישׁ מַחְתָּתוֹ וַיִּתְּנוּ בָהֵן אֵשׁ וַיָּשִׂימוּ עָלֶיהָ קְטֹרֶת וַיַּקְרִיבוּ לִפְנֵי יְהֹוָה אֵשׁ זָרָה אֲשֶׁר לֹא צִוָּה אֹתָם:
2And fire went forth from before the Lord and consumed them, and they died before the Lord. בוַתֵּצֵא אֵשׁ מִלִּפְנֵי יְהֹוָה וַתֹּאכַל אוֹתָם וַיָּמֻתוּ לִפְנֵי יְהֹוָה:
And fire went forth: Rabbi Eliezer says: Aaron’s sons died only because they rendered halachic decisions in the presence of Moses, their teacher. Rabbi Ishmael says: [They died because] they had entered the sanctuary after having drunk wine. The proof is that after their death, [Scripture] admonished the survivors that they may not enter the sanctuary after having drunk wine. This is analogous to a king who had a faithful attendant. [When he found him standing at tavern entrances, he severed his head in silence and appointed another attendant in his place. We would not know why he put the first to death, but for his enjoining the second thus, “You must not enter the doorway of taverns,” from which we know that for such a reason he had put the first one to death. Thus [it is said], “And fire went forth from before the Lord and consumed them, and they died before the Lord.” But we would not know why they [Nadab and Abihu] died, but for His commanding Aaron, “Do not drink wine that will lead to intoxication.” We know from this that they died precisely on account of the wine. For this reason Scripture showed love to Aaron by directing the divine utterance to him alone, thus, “Do not drink wine that will lead to intoxication,”] as recounted in Vayikra Rabbah (12:1). ותצא אש: רבי אליעזר אומר לא מתו בני אהרן אלא על ידי שהורו הלכה בפני משה רבן. רבי ישמעאל אומר שתויי יין נכנסו למקדש, תדע שאחר מיתתן הזהיר הנותרים שלא יכנסו שתויי יין למקדש. משל למלך, שהיה לו בן בית וכו', כדאיתא בויקרא רבה:
3Then Moses said to Aaron, "This is what the Lord spoke, [when He said], 'I will be sanctified through those near to Me, and before all the people I will be glorified.' " And Aaron was silent. גוַיֹּאמֶר משֶׁה אֶל אַהֲרֹן הוּא אֲשֶׁר דִּבֶּר יְהֹוָה | לֵאמֹר בִּקְרֹבַי אֶקָּדֵשׁ וְעַל פְּנֵי כָל הָעָם אֶכָּבֵד וַיִּדֹּם אַהֲרֹן:
This is what the Lord spoke: But when did He speak? [It was when He said], “And I will meet with the children of Israel, and it will be sanctified through My glory (בִּכְבוֹדִי) ” (Exod. 29:43). Do not read בִּכְבוֹדִי, “through My glory,” but בִּמְכֻבָּדַי, “through My honorable ones.” Moses said to Aaron, “Aaron, my brother! I knew that this House was to be sanctified through the beloved ones of the Omnipresent, but I thought it would be either through me or through you. Now I see that they [Nadab and Abihu] were greater than I or you!”- [Vayikra Rabbah 12:2] הוא אשר דבר וגו': היכן דבר ונועדתי שמה לבני ישראל ונקדש בכבודי (שמות כט מג). אל תקרי בכבודי אלא במכובדי. אמר לו משה לאהרן אהרן אחי יודע הייתי שיתקדש הבית במיודעיו של מקום והייתי סבור או בי או בך, עכשיו רואה אני שהם גדולים ממני וממך:
And Aaron was silent: [and did not complain. Consequently,] he was rewarded for his silence. And what reward did he receive? That God addressed him exclusively in the [ensuing] passage regarding those who drink wine [as verse 8 says, “And the Lord spoke to Aaron, saying…”]. — [Vayikra Rabbah 12:2] וידם אהרן: קבל שכר על שתיקתו. ומה שכר קבל, שנתייחד עמו הדיבור, שנאמרה לו לבדו פרשת שתויי יין:
with those near to Me: [I.e.,] My chosen ones. בקרבי: בבחירי:
and before all the people I will be glorified: When the Holy One, blessed is He, exacts judgment upon the righteous, He becomes feared, exalted, and praised. Now, if this is so concerning the righteous, how much more is it so concerning the wicked! Similarly, the verse says “You are awesome, O God, from Your sanctuaries (מִמִּקְדָּשֶׁי) ” (Ps. 68:36). Do not read מִמִּקְדָּשֶׁי “from Your sanctuaries,” but מִמְּקֻדָּשֶׁי, “because of Your sanctified ones.” - [Zev. 115b] ועל פני כל העם אכבד: כשהקב"ה עושה דין בצדיקים מתיירא ומתעלה ומתקלס, אם כן באלו, כל שכן ברשעים, וכן הוא אומר (תהלים סח לו) נורא א-להים ממקדשיך, אל תקרא ממקדשיך אלא ממקודשיך:
4And Moses summoned Mishael and Elzaphan, the sons of Aaron's uncle Uzziel, and said to them, "Draw near; carry your kinsmen from within the Sanctuary, to the outside of the camp. דוַיִּקְרָא משֶׁה אֶל מִישָׁאֵל וְאֶל אֶלְצָפָן בְּנֵי עֻזִּיאֵל דֹּד אַהֲרֹן וַיֹּאמֶר אֲלֵהֶם קִרְבוּ שְׂאוּ אֶת אֲחֵיכֶם מֵאֵת פְּנֵי הַקֹּדֶשׁ אֶל מִחוּץ לַמַּחֲנֶה:
Aaron’s uncle: Uzziel was Amram’s brother, as it says, “And the sons of Kohath were [Amram…and Uzziel], etc.” (Exod. 6:18). דד אהרן: עזיאל אחי עמרם היה, שנאמר (שמות ו יח) ובני קהת וגו':
carry your kinsmen [from within the Sanctuary], etc.: As a person would say to his fellow [when someone had died at a wedding feast], “Remove the deceased from before the bride so as not to disturb the joyous occasion.” [Here, too, Mishael and Elzaphan were to remove the dead “from inside the sanctuary,” so as not to disturb the serenity of the investitures of the Sanctuary.] שאו את אחיכם וגו': כאדם האומר לחבירו העבר את המת מלפני הכלה, שלא לערבב את השמחה:
5So they approached and carried them with their tunics to the outside of the camp, as Moses had spoken. הוַיִּקְרְבוּ וַיִּשָּׂאֻם בְּכֻתֳּנֹתָם אֶל מִחוּץ לַמַּחֲנֶה כַּאֲשֶׁר דִּבֶּר משֶׁה:
with their tunics: [i.e., with the tunics] of the dead ones [the tunics of Nadab and Abihu, not Mishael and Elzaphan, for the latter were Levites and did not wear the tunics of the kohanim]. This teaches us that their garments had not been burnt, but [only] their souls. Two thread-like [sparks] of fire entered their nostrils [thereby destroying their souls along with all their internal organs, but leaving their external body structures intact. See Be’er Basadeh]. — [Torath Kohanim 10:25] בכתנתם: של מתים מלמד שלא נשרפו בגדיהם אלא נשמתם כמין שני חוטין של אש נכנסו לתוך חוטמיהם:
6And Moses said to Aaron and to Eleazar and to Ithamar, his sons, "Do not leave your heads unshorn, and do not rend your garments, so that you shall not die, and lest He be angry with the entire community, but your brothers, the entire house of Israel, shall bewail the conflagration that the Lord has burned. ווַיֹּאמֶר משֶׁה אֶל אַהֲרֹן וּלְאֶלְעָזָר וּלְאִיתָמָר | בָּנָיו רָאשֵׁיכֶם אַל תִּפְרָעוּ | וּבִגְדֵיכֶם לֹא תִפְרֹמוּ וְלֹא תָמֻתוּ וְעַל כָּל הָעֵדָה יִקְצֹף וַאֲחֵיכֶם כָּל בֵּית יִשְׂרָאֵל יִבְכּוּ אֶת הַשְּׂרֵפָה אֲשֶׁר שָׂרַף יְהֹוָה:
Do not leave [your heads] unshorn: [I.e.,] do not let your hair grow long. — [Torath Kohanim 10:25] [Had Moses not commanded them, they would have let their hair grow long as a sign of mourning. We learn] from here that a mourner is forbidden to cut his hair (Moed Katan 14b). “But you shall not disturb the happiness of the Omnipresent [at the investitures of the Mishkan].” אל תפרעו: אל תגדלו שער. מכאן שאבל אסור בתספורת, אבל אתם אל תערבבו שמחתו של מקום:
so that you shall not die: But if you do so [and leave your heads unshorn and rend your garments], you will die. — [Torath Kohanim 10:31] ולא תמתו: הא אם תעשו כן תמותו:
But your brothers, the entire house of Israel, [shall bewail]: From here [we learn] that when [Torah] scholars are afflicted, all of Israel is obligated to mourn for them. ואחיכם כל בית ישראל: מכאן שצרתן של תלמידי חכמים מוטלת על הכל להתאבל בה:
7And do not go out of the entrance of the Tent of Meeting, lest you die, because the Lord's anointing oil is upon you." And they did according to Moses' order. זוּמִפֶּתַח אֹהֶל מוֹעֵד לֹא תֵצְאוּ פֶּן תָּמֻתוּ כִּי שֶׁמֶן מִשְׁחַת יְהֹוָה עֲלֵיכֶם וַיַּעֲשׂוּ כִּדְבַר משֶׁה:
8And the Lord spoke to Aaron, saying, חוַיְדַבֵּר יְהֹוָה אֶל אַהֲרֹן לֵאמֹר:
9Do not drink wine that will lead to intoxication, neither you nor your sons with you, when you go into the Tent of Meeting, so that you shall not die. [This is] an eternal statute for your generations, טיַיִן וְשֵׁכָר אַל תֵּשְׁתְּ | אַתָּה | וּבָנֶיךָ אִתָּךְ בְּבֹאֲכֶם אֶל אֹהֶל מוֹעֵד וְלֹא תָמֻתוּ חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם:
wine that will lead to intoxication: Heb. יַיִן וְשֵׁכָר. [שֵׁכָר does not mean other strong drink,] but wine in a manner that leads to intoxication" [namely, sufficient wine to cause intoxication, undiluted, and drunk without interruption]. — [Torath Kohanim 10:35] יין ושכר: יין דרך שכרותו:
when you go into the Tent of Meeting: We know only [that a kohen is forbidden] to enter the Heichal [after drinking wine]. How do we know that [this prohibition applies also to] approaching the altar [which is outside the Heichal]? [The answer is:] Here [in our verse] it speaks of “entering the Tent of Meeting.” Regarding washing the hands and feet [at the washstand-see Exod. 30:1721], “entering the Tent of Meeting” is [also] mentioned (verse 20). [Now, concerning washing, approaching the altar is regarded as similar to entering the Tent of Meeting insofar as both require washing the hands and feet, as it says, “When they enter the Tent of Meeting, they shall wash with water… or when they approach the altar to serve” (Exod. 30:20). Hence,] just as there [in the case of washing], Scripture made approaching the altar the same as entering the Tent of Meeting, here too, it made approaching the altar the same as entering the Tent of Meeting [insofar as both are equally prohibited when the kohen has drunk wine]. — [Torath Kohanim 10:37] בבאכם אל אהל מועד: אין לי אלא בבואם להיכל, בגשתם למזבח מנין, נאמר כאן ביאת אהל מועד, ונאמר בקידוש ידים ורגלים ביאת אהל מועד, מה להלן עשה גישת מזבח כביאת אהל מועד, אף כאן עשה גישת מזבח כביאת אהל מועד:
10to distinguish between holy and profane and between unclean and clean, יוּלֲהַבְדִּיל בֵּין הַקֹּדֶשׁ וּבֵין הַחֹל וּבֵין הַטָּמֵא וּבֵין הַטָּהוֹר:
to distinguish: [I.e.,] so that you can distinguish between a holy service and one that has been profaned. Thus you have learned that if one performed a particular service [after having drunk wine], it is invalid. — [Torath Kohanim 10:39] ולהבדיל: כדי שתבדילו בין עבודה קדושה למחוללת, הא למדת שאם עבד, עבודתו פסולה:
11and to instruct the children of Israel regarding all the statutes which the Lord has spoken to them through Moses. יאוּלְהוֹרֹת אֶת בְּנֵי יִשְׂרָאֵל אֵת כָּל הַחֻקִּים אֲשֶׁר דִּבֶּר יְהֹוָה אֲלֵיהֶם בְּיַד משֶׁה:
and to instruct: [This] teaches that an intoxicated person is prohibited to render halachic decisions. One might think that he incurs the death penalty [like the intoxicated kohen who performs the sacrificial service (see verse 9)]. Scripture [therefore] says, “[neither] you nor your sons with you…so that you shall not die” (verse 9). [This implies that only intoxicated] kohanim in their service incur the death penalty, whereas [intoxicated] sages who render halachic decisions do not incur the death penalty. — [Torath Kohanim 10:38] ולהורת: למד שאסור שיכור בהוראה. יכול יהא חייב מיתה, תלמוד לומר אתה ובניך אתך ולא תמותו (פסוק ט), כהנים בעבודתם במיתה, ואין חכמים בהוראתם במיתה:Daily Tehillim: Psalms Chapters 60 - 65
• Chapter 60
This psalm tells of when Joab, David's general, came to Aram Naharayim for war and was asked by the people: "Are you not from the children of Jacob? What of the pact he made with Laban?" Not knowing what to answer, Joab asked the Sanhedrin. The psalm includes David's prayer for success in this war.
1. For the Conductor, on the shushan eidut. A michtam by David, to instruct,
2. when he battled with Aram Naharayim and Aram Tzovah, and Joab returned and smote Edom in the Valley of Salt, twelve thousand [men].
3. O God, You forsook us, You have breached us! You grew furious-restore us!
4. You made the earth quake, You split it apart-heal its fragments, for it totters!
5. You showed Your nation harshness, You gave us benumbing wine to drink.
6. [Now] give those who fear You a banner to raise themselves, for the sake of truth, Selah.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God said with His Holy [Spirit] that I would exult; I would divide Shechem, and measure out the Valley of Succot.
9. Mine is Gilead, mine is Menasseh, and Ephraim is the stronghold of my head; Judah is my prince.
10. Moab is my washbasin, and upon Edom I will cast my shoe; for me, Philistia will sound a blast [of coronation].
11. Who will bring me into the fortified city? Who will lead me unto Edom?
12. Is it not You, God, Who has [until now] forsaken us, and did not go forth with our legions?
13. Grant us relief from the oppressor; futile is the salvation of man.
14. With God we will do valiantly, and He will trample our oppressors.
Chapter 61
David composed this prayer while fleeing from Saul. The object of all his thoughts and his entreaty is that God grant him long life-not for the sake of pursuing the pleasures of the world, but rather to serve God in awe, all of his days.
1. For the Conductor, on the neginat, by David.
2. Hear my cry, O God, listen to my prayer.
3. From the end of the earth I call to You, when my heart is faint [with trouble]: Lead me upon the rock that surpasses me!
4. For You have been a refuge for me, a tower of strength in the face of the enemy.
5. I will dwell in Your tent forever; I will take refuge in the shelter of Your wings, Selah.
6. For You, God, heard my vows; You granted the inheritance of those who fear Your Name.
7. Add days to the days of the king; may his years equal those of every generation.
8. May he sit always before God; appoint kindness and truth to preserve him.
9. Thus will I sing the praise of Your Name forever, as I fulfill my vows each day.
Chapter 62
David prays for the downfall of his enemies. He also exhorts his generation that their faith should not rest in riches, telling them that the accumulation of wealth is utter futility.
1. For the Conductor, on the yedutun,1 a psalm by David.
2. To God alone does my soul hope; my salvation is from Him.
3. He alone is my rock and salvation, my stronghold; I shall not falter greatly.
4. Until when will you plot disaster for man? May you all be killed-like a leaning wall, a toppled fence.
5. Out of their arrogance alone they scheme to topple me, they favor falsehood; with their mouths they bless, and in their hearts they curse, Selah.
6. To God alone does my soul hope, for my hope is from Him.
7. He alone is my rock and salvation, my stronghold; I shall not falter.
8. My salvation and honor is upon God; the rock of my strength-my refuge is in God.
9. Trust in Him at all times, O nation, pour out your hearts before Him; God is a refuge for us forever.
10. Men are but vanity; people [but] transients. Were they to be raised upon the scale, they would be lighter than vanity.
11. Put not your trust in exploitation, nor place futile hope in robbery. If [corrupt] wealth flourishes, pay it no heed.
12. God spoke one thing, from which I perceived two: That strength belongs to God;
13. and that Yours, my Lord, is kindness. For You repay each man according to his deeds.
Chapter 63
Hiding from Saul, and yearning to approach the place of the Holy Ark like one thirsting for water, David composed this prayer on his behalf and against his enemy.
1. A psalm by David, when he was in the Judean desert.
2. O God, You are my Almighty, I seek You! My soul thirsts for You, my flesh longs for You; [like one] in a desolate and dry land, without water,
3. so [I thirst] to see You in the Sanctuary, to behold Your might and glory.
4. For Your kindness is better than life; my lips shall praise You.
5. Thus will I bless you all my life, in Your Name I will raise my hands [in prayer].
6. As with fat and abundance my soul is sated, when my mouth offers praise with expressions of joy.
7. Indeed, I remember You upon my bed; during the watches of the night I meditate upon You.
8. For You were a help for me; I sing in the shadow of Your wings.
9. My soul cleaved to You; Your right hand supported me.
10. But they seek desolation for my soul; they will enter the depths of the earth.
11. They will drag them by the sword; they will be the portion of foxes.
12. And the king will rejoice in God, and all who swear by Him will take pride, when the mouths of liars are blocked up.
Chapter 64
The masters of homiletics interpret this psalm as alluding to Daniel, who was thrown into the lion's den. With divine inspiration, David foresaw the event and prayed for him. Daniel was a descendant of David, as can be inferred from God's statement to Hezekiah (himself of Davidic lineage), "And from your children, who will issue forth from you, they will take, and they (referring to, amongst others, Daniel) will be minesters in the palace of the king of Babylon."
1. For the Conductor, a psalm by David.
2. Hear my voice, O God, as I recount [my woes]; preserve my life from the terror of the enemy.
3. Shelter me from the schemes of the wicked, from the conspiracy of evildoers,
4. who have sharpened their tongue like the sword, aimed their arrow-a bitter word-
5. to shoot at the innocent from hidden places; suddenly they shoot at him, they are not afraid.
6. They encourage themselves in an evil thing, they speak of laying traps; they say: "Who will see them?”
7. They sought pretexts; [and when] they completed a diligent search, each man [kept the plot] inside, deep in the heart.
8. But God shot at them; [like] a sudden arrow were their blows.
9. Their own tongues caused them to stumble; all who see them shake their heads [derisively].
10. Then all men feared, and recounted the work of God; they perceived His deed.
11. Let the righteous one rejoice in the Lord and take refuge in Him, and let them take pride-all upright of heart.
Chapter 65
This psalm contains awe-inspiring and glorious praises to God, as well as entreaties and prayers concerning our sins. It declares it impossible to recount God's greatness, for who can recount His mighty acts? Hence, silence is His praise.
1. For the Conductor, a psalm by David, a song.
2. Silence is praise for You, O God [Who dwells in] Zion; and to You vows will be paid.
3. O Heeder of prayer, to You does all flesh come.
4. Matters of sin overwhelm me; You will pardon our transgressions.
5. Fortunate is [the nation] whom You choose and draw near, to dwell in Your courtyards; may we be sated with the goodness of Your House, with the holiness of Your Sanctuary.
6. Answer us with awesome deeds as befits Your righteousness, O God of our salvation, the security of all [who inhabit] the ends of the earth and distant seas.
7. With His strength He prepares [rain for] the mountains; He is girded with might.
8. He quiets the roar of the seas, the roar of their waves and the tumult of nations.
9. Those who inhabit the ends [of the earth] fear [You] because of Your signs; the emergences of morning and evening cause [man] to sing praise.
10. You remember the earth and water it, you enrich it abundantly [from] God's stream filled with water. You prepare their grain, for so do You prepare it.
11. You saturate its furrows, gratifying its legions; with showers You soften it and bless its growth.
12. You crown the year of Your goodness [with rain], and Your clouds drip abundance.
13. They drip on pastures of wilderness, and the hills gird themselves with joy.
14. The meadows don sheep, and the valleys cloak themselves with grain; they sound blasts, indeed they sing.
Tanya: Likutei Amarim, middle of Chapter 39• Lessons in Tanya
• Tuesday, Nissan 11, 5775 · March 31, 2015
Today's Tanya Lesson
Likutei Amarim, middle of Chapter 39
The Alter Rebbe now proceeds to amplify his previous statement.
והיינו אפילו אם אינו עוסק שלא לשמה ממש לשום איזו פניה, חס ושלום
This inability of one’s divine service to ascend to the Sefirot applies not only where one’s motive for engaging in Torah and mitzvot is actually shelo lishmah (“not for its own sake”), i.e., for some ulterior motive, heaven forbid, in which case one is actually serving himself, not G‑d, and his service surely cannot ascend “to stand before G‑d.”
אלא כמו שכתוב: ותהי יראתם אותי מצות אנשים מלומדה
It also applies even if, as the verse describes it,1 “Their fear of Me was like commandments of men done by rote,”
פירוש: מחמת הרגל שהורגל מקטנותו
meaning [that one serves G‑d] out of a habit acquired in his youth,2
שהרגילו ולימדו אביו ורבו לירא את ה׳ ולעבדו
having been trained and taught by his father and teacher to fear G‑d and to serve Him,
ואינו עוסק לשמה ממש
but he does not really do it for its own sake [lishmah].
כי לשמה ממש אי אפשר בלא התעוררות דחילו ורחימו הטבעיים, על כל פנים
For it is impossible to serve G‑d truly lishmah without arousing one’s natural fear and love, at least,
להוציאן מהסתר הלב אל הגילוי במוח ותעלומות לבו, על כל פנים
by bringing them out from the concealment of the heart into revelation, as least in the mind and the latency of the heart.
If one cannot arouse his natural love of G‑d to the point where it is actually felt in the heart, he must try, as discussed above, to arouse it at least so that it be felt in the conscious mind and in the substratum of the heart. Even this low-level arousal can produce a will and resolve to study the Torah and fulfill the mitzvot. Thus, the resulting divine service contains (at least to some degree) the force and kavanah of his natural love, since it was this love that created the resolve which he is now implementing.
If, however, one does not produce even this minimal level of arousal, the love, although naturally found in his heart, has no bearing on his divine service, and he cannot, therefore, do this service lishmah (“for its own sake”).
כי כמו שאין אדם עושה דבר בשביל חבירו למלאת רצונו, אלא אם כן אוהבו או ירא ממנו
For just as one does not do something for his fellow, to carry out his [friend’s] will, unless he loves him or fears him,
כך אי אפשר לעשות לשמו יתברך באמת למלאת רצונו לבד
so, too, is it impossible to act truly for G‑d’s sake, solely in order to carry out His Will,
בלי זכרון והתעוררות אהבתו ויראתו כלל, במוחו ומחשבתו ותעלומות לבו על כל פנים
unless he remembers and arouses his love and fear of G‑d to some degree — in his mind, thought and the latent level of his heart, at least, if he cannot arouse these emotions openly in his heart.
One who observes the mitzvot out of habit, however, lacking even this minimal arousal of love, cannot be described as serving G‑d for His sake even though his performance is impelled by no ulterior motive.
וגם אהבה לבדה אינה נקראת בשם עבודה בלי יראה תתאה לפחות, שהיא מסותרת בלב כל ישראל, כמו שכתוב לקמן
Furthermore, [the arousal of] love alone, without [the arousal of] at least the lower-level fear of G‑d hidden in every Jewish heart, is not called “service”, as will be explained later.
Divine “service” connotes the relationship of a servant to his master, whom he serves chiefly out of fear, unlike a child, who carries out his father’s wishes mainly because he loves him. When one performs a mitzvah out of the love of G‑d alone, without fear of Him, he is indeed acting for G‑d’s sake — but he is not serving Him.
| FOOTNOTES | |
| 1. | Yeshayahu 29:13. |
| 2. | The Rebbe explains that the Alter Rebbe uses the word “youth” judiciously. Were he referring to a habit acquired when one grew older (as described in ch. 15), then it might well be said that the lishmah at the outset of his service (before it became a habit) elevated his current service as well. This would be similar to assembling piecemeal — from all one’s prayers throughout the year — one complete prayer with kavanah, which would suffice to elevate all the prayers of the entire year. (See end of the present chapter.) The Rebbe queries, however, whether the lishmah of one’s youth is indeed similar to the aforementioned example of prayer, and whether this was indeed the Alter Rebbe’s reason for using the word “youth”. The Rebbe therefore offers an alternative reason. In the normal course of events parents train their children in the observance of Torah and mitzvot. This training (unlike an adult’s unthinking habituation to doing good deeds) is laudable, for the Torah commands us: “And you shall teach them to your children....” |
• Sefer Hamitzvos:
Tuesday, Nissan 11, 5775 · March 31, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 248
Denying a Debt
"Do not deny"—Leviticus 19:11.
It is forbidden for a person to deny a debt that he owes or to deny that a person entrusted him an object for safekeeping.
Denying a Debt
Negative Commandment 248
Translated by Berel Bell
The 248th prohibition is that we are forbidden to falsely deny that we owe money or that we were entrusted with an object.
The source of this commandment is G‑d's statement,1 "Do not deny."
It is explained2 that this refers to a financial claim. The Sifra says, "We learn what the punishment is from the verse,3 'If he denies [illegally withholding another person's money] and swears falsely [...he must pay the principal and add one-fifth.]' Which verse serves as the actual prohibition?4 The verse, 'Do not deny.' "
You are aware that one who [falsely] denies possession of an object he was entrusted with — even if he does not swear falsely — is invalid to act as a witness. This is because he has transgressed the mitzvah, "Do not deny."5
The details of this mitzvah are explained in a number of passages in tractate Sh'vuos.
FOOTNOTES
1.Lev. 19:11.
2.Sanhedrin 86a.
3.Lev. 5:22.
4.Since every prohibition must have one verse which is the actual prohibition and another to dictate the punishment.
5.The Torah disqualifies a person from testifying only if he has violated a Biblical law. Since the person is disqualified even though he has not sworn falsely, we see that the prohibition applies even where there was no oath.
Negative Commandment 249
Swearing Falsely in Denial of a Debt
"Do not lie to each other"—Leviticus 19:11.
It is forbidden to take a false oath in denial of a debt or any other financial obligation.
Swearing Falsely in Denial of a Debt
Negative Commandment 249
Translated by Berel Bell
The 249th prohibition is that we are forbidden to swear falsely regarding money that we owe.
The source of this commandment is G‑d's statement,1 "Do not lie to one another."
If, for example, one [falsely] denies possessing an object he was entrusted with, he transgresses the prohibition, "do not deny."2 Should he swear falsely to substantiate his previous denial, he transgress the [present] prohibition "do not lie."
The Sifra says, "What does the Torah mean to teach us by saying 'do not lie'? The verse,3 'and he swears falsely' serves as the punishment. Which verse serves as the actual prohibition?4 The verse, 'do not lie.' "
The details of this mitzvah are explained in the fifth chapter of Sh'vuos, where it is explained that a person who makes a false oath in denying a financial claim transgresses two mitzvos — "do not swear falsely by My name"5 and "do not lie to one another."6
FOOTNOTES
1.Lev. 19:11.
2.N248.
3.Lev. 5:22.
4.See footnote 22.
5.Lev. 19:12.
6.I.e. N248 and N249.
Order of Prayers - The Text of All the Intermediate Blessings
ברכה אמצעית של לילי שבת The Intermediate Blessing Recited Friday Night –
אתה קדשת את יום השביעי לשמך תכלית מעשה שמים וארץ וברכתו מכל הימים וקדשתו מכל הזמנים כאמור1 ויברך אלהים את יום השביעי ויקדש אותו וגו' אלהינו ואלהי אבותינו רצה נא במנוחתנו וכו'
ברכה אמצעית של יוצר The Intermediate Blessing Recited Shabbat Morning –
ישמח משה במתנת חלקו כי עבד נאמן קראת לו כליל תפארת בראשו נתת בעמדו לפניך על הר סיני הוריד בידו שני לוחות אבנים וכתוב בהן שמירת שבת וכן כתוב בתורתך2 ושמרו בני ישראל וכו' ישמחו במלכותך שומרי שבת קוראי עונג עם מקדשי שביעי אלהינו ואלהי אבותינו רצה נא במנוחתנו כו' עד ברוך אתה יי' מקדש השבת
ברכה אמצעית של מוסף שבת The Intermediate Blessing Recited for Musaf onShabbat –
למשה צוית על הר סיני מצות שבת שמור וזכור ובו צויתנו יי' אלהינו להקריב לך קרבן מוסף כראוי יהי רצון מלפניך יי' אלהינו שתעלנו לארצנו וכו' ואת מוסף יום המנוח הזה נעשה ונקריב כו' עד על ידי משה עבדך ולא נתתו מלכנו לגויי הארצות ולא הנחלתנו מלכנו לעובדי אלילים גם במנוחתו לא ישכנו ערלים לבית ישראל נתתו זרע ישורון אשר בם בחרת חמדת ימים אותו קראת אלהינו ואלהי אבותינו רצה נא במנוחתנו כו' עד ברוך אתה יי' מקדש השבת
ברכה אמצעית של מנחת שבת The Intermediate Blessing Recited ShabbatAfternoon –
אתה אחד ושמך אחד ומי כעמך ישראל גוי אחד בארץ עטרת תהלה ועטרת ישועה לעמך נתת אברהם יגל יצחק ירנן יעקב ובניו ינוחו בו מנוחה שלימה שאתה רוצה בה יכירו בניך וידעו כי מאתך היא מנוחתם תנחילנו אבינו ואל תהי צרה ויגון ביום מנוחתנו אלהינו ואלהי אבותינו וכו'
ברכה אמצעית של מוסף ר"ח The Intermediate Blessing Recited for Musaf onRosh Chodesh –
ראשי חדשים לעמך נתת זמן כפרה לכל תולדותם להיותם מקריבים לפניך זבחי רצון ושעירי חטאת לכפר בעדם זכרון לכולם יהיו תשועת נפשם מיד שונא מזבח חדש בציון תכין ועולת ראש חדש נעלה עליו שירי דוד נשמע בעירך האמורים לפני מזבחך אהבת עולם תביא להם וברית אבות לבנים תזכור אלהינו ואלהי אבותינו מפני חטאינו גלינו מארצנו ונתרחקנו מעל אדמתנו יהי רצון מלפניך יי' אלהינו שתעלנו לארצנו ואת מוסף יום ראש החדש הזה כו' עד על ידי משה עבדך יהי רצון מלפניך יי' אלהינו ואלהי אבותינו שתחדש עלינו את ראש החדש הזה לטובה ולברכה לחן ולחסד ולרחמים לחיים ולשלום ויהי ראש החדש הזה קץ וסוף לכל חטאתינו וצרותינו תחלה וראש לפדות נפשנו כי בעמך ישראל מכל האומות בחרת וראשי חדשים להם נתת ברוך אתה יי' מקדש ישראל וראשי חדשים
ברכה אמצעית ממוסף ראש חדש שחל להיות בשבת
The Intermediate Blessing Recited for Musaf when Rosh Chodesh Falls on Shabbat
אתה יצרת עולמך מקדם כלית מלאכתך ביום השביעי בחרת בנו מכל העמים ורצית בנו מכל הלשונות וקדשתנו במצותיך וקרבתנו מלכנו לעבודתך ושמך הגדול והקדוש עלינו קראת ותתן לנו יי' אלהינו שבתות למנוחה ויום ראש חדש הזה לכפר בעדנו שחטאנו לפניך ומפני חטאינו וכו' עד ומוספים כהלכתן ואת מוספי יום המנוח הזה ויום ראש החדש הזה נעשה ונקריב את קרבנות חובותינו תמידין כסדרן כמצות רצונך כמו שכתבת עלינו בתורתך על ידי משה עבדך יהי רצון מלפניך יי' אלהינו ואלהי אבותינו שתחדש וכו' עד לפדות נפשנו רצה נא במנוחתנו וקדשנו במצותיך כו' עד וינוחו בם כל ישראל אוהבי שמך ברוך אתה יי' מקדש השבת וישראל וראשי חדשים
ברכה אמצעית של יום טוב של פסח ערבית שחרית ומנחה
The Intermediate Blessing Recited on Pesachin the Evening, Morning, and Afternoon Service
אתה בחרתנו מכל העמים אהבת אותנו ורצית בנו מכל הלשונות וקדשתנו במצותיך וקרבתנו מלכנו לעבודתך ושמך הגדול והקדוש עלינו קראת ותתן לנו יי' אלהינו מועדים לשמחה חגים וזמנים
לששון את יום טוב מקרא קדש הזה את יום חג המצות הזה זמן חירותנו באהבה זכר ליציאת מצרים אלהינו ואלהי אבותינו יעלה ויבא כו' והשיאנו יי' אלהינו את ברכת מועדיך לחיים ולשלום כאשר אמרת ורצית לברכנו כן תברכנו סלה ותן חלקנו בתורתך ושמח נפשנו בישועתך וכו' ברוך אתה יי' מקדש ישראל והזמנים
ברכה אמצעית ממוסף הפסח The Intermediate Blessing Recited for Musaf on Pesach –
אתה בחרתנו מכל העמים כו' עד זכר ליציאת מצרים ומפני חטאינו גלינו מארצנו ונתרחקנו מעל אדמתנו ואין אנו יכולין לעלות להראות ולהשתחוות לפניך בבית בחירתך בנוה הדרך בבית הגדול והקדוש שנקרא שמך עליו מפני היד שנשתלחה במקדשך יהי רצון מלפניך יי' אלהינו שתשוב ותרחם עליו ועלינו ברחמיך הרבים ותקבץ פזורינו מבין הגוים ונפוצותינו כנס מירכתי ארץ והביאנו לציון עירך ברנה ולירושלים בית מקדשך בשמחת עולם ושם נעשה לפניך את קרבנות חובותינו תמידין כסדרן ומוספין כהלכתן ואת מוסף יום טוב מקרא קדש הזה יום חג המצות הזה נעשה ונקריב לפניך כמצות רצונך כמו שכתבת עלינו בתורתך על ידי משה עבדך מלך רחמן רחם עלינו וכו' והשיאנו וכו' ברוך אתה יי' מקדש ישראל והזמנים
ובנוסח הזה הוא מתפלל בחג שבועות ובחג הסוכות בלא חסרון ובלא יתר אלא שבחג השבועות הוא אומר
One follows this order when praying on the holidays of Shavuos and Sukkos without subtracting or adding anything, except that on Shavuos, one says:
את יום טוב מקרא קדש הזה את יום חג השבועות הזה זמן מתן תורתנו באהבה זכר ליציאת מצרים
ובמוסף הוא אומר –And in Musaf, he says:
ואת מוסף יום טוב מקרא קדש הזה יום חג השבועות הזה
וכן בסוכות הוא אומר – Similarly, on Sukkos, one says:
את יום טוב מקרא קדש הזה יום חג הסוכות הזה זמן שמחתנו באהבה וכו'
ובשמיני עצרת אומר – And on Shemini Atzeres, one says:
את יום טוב מקרא קדש הזה את יום חג שמיני עצרת הזה זמן שמחתנו כו'
וכן במוסף אומר – And in Musaf, he says:
ואת מוסף יום טוב מקרא קדש הזה יום חג שמיני כו'
ואם חל יום טוב להיות בשבת אומר – If a festival falls on the Sabbath, one says:
אתה בחרתנו כו' עד ותתן לנו יי' אלהינו שבתות למנוחה מועדים לשמחה חגים וזמנים לששון את יום המנוח הזה ואת יום טוב מקרא קדש הזה את יום פלוני כו'
וכן במוסף אומר– : Similarly, in Musaf, he says
ואת מוספי יום המנוח הזה כו'
ועל דרך זו הוא מזכיר השבת בראש השנה וביום הכפורים אם חלו להיות בשבת בין בשאר תפלות בין במוסף וחותם בכל התפלות של שלש רגלים
In a similar manner, he mentions theSabbathon Rosh HaShanah and Yom Kippur if they fall on the Sabbath, whether in the other prayer services or inMusaf. In such a situation, in all the services of the three festivals, he concludes:
מקדש השבת וישראל והזמנים
ובראש השנה חותם – On Rosh HaShanah, one concludes:
מלך על כל הארץ מקדש השבת וישראל ויום הזכרון
וביום הכפורים – On Yom Kippur, one concludes:
מלך על כל הארץ מקדש השבת וישראל ויום הכפורים
נהגו רוב העם מראש השנה ועד יום הכפורים להוסיף בכל תפלה בעשרת הימים, בברכה ראשונה מוסיפים
Most people follow the custom of making the following additions in all the prayer services during the Ten Days between Rosh HaShanah and Yom Kippur.3 In the first blessing, this addition is made:
זכרנו לחיים כו' ברוך אתה יי' מגן אברהם
ומוסיפין בברכה שניה – In the second blessing, this addition is made:
מי כמוך אב הרחמים זוכר יצוריו ברחמים ברוך אתה יי' מחיה המתים
ומוסיפין בברכת י"ח - In the eighteenth blessing, one adds:
זכור רחמיך וכו'
ובברכה אחרונה מוסיפין – In the last blessing, one adds:
ובספר חיים וכו'
ובתפלת נעילה של יום הצום אומר בברכה זכרנו לחיים חתמנו. וכל אלו התוספות מנהג מקומות ויש מקומות שנהגו שלא יוסיפו דבר
In the Neilah service of the fast [of Yom Kippur], in the first blessing, instead ofzochreinu, one should say chasmeinu. All of these additions are dependent on local custom. In some places, no additions are made.
מנהג פשוט שמברכין ברכה שלישית בנוסח זה בשני ימים של ראש השנה בכל תפלה ותפלה מארבע התפלות וכן נהגו מקצת לברך אותה באותו הנוסח בכל תפלה ותפלה מחמש תפלות של יום הכפורים וזהו נוסחה
It is common custom to recite the third blessing following this text on the two days of Rosh HaShanah in all the four services of the day. Similarly, some follow the custom of reciting this text in each of the five services of Yom Kippur. This is the text:
אתה קדוש ושמך קדוש וקדושים בכל יום יהללוך סלה ובכן תן פחדך יי' אלהינו על כל מעשיך ואימתך על כל מה שבראת וייראוך כל המעשים וישתחוו לפניך כל הברואים ויעשו כולם אגודה אחת לעשות רצונך בלבב שלם כו' ובכן תן כבוד לעמך תהלה ליריאיך ותקוה טובה לדורשיך ופתחון פה למיחלים לך שמחה לארצך ששון לעירך וצמיחת קרן לדוד עבדך ועריכת נר לבן ישי משיחך במהרה בימינו ואז צדיקים יראו וישמחו וישרים יעלוזו וחסידים כו' ככתוב בדברי קדשך ימלוך יי' לעולם אלהיך ציון לדור ודור הללויה וכתוב ויגבה יי' וגו' ברוך אתה יי' המלך הקדוש
ברכה אמצעית של ראש השנה ערבית שחרית ומנחה
The Intermediate Blessing Recited on Rosh HaShanahin the Evening, Morning, and Afternoon Service
אתה בחרתנו מכל העמים כו' ותתן לנו יי' אלהינו את יום טוב מקרא קדש הזה זכרון תרועה באהבה זכר ליציאת מצרים אלהינו ואלהי אבותינו יעלה ויבא כו' אלהינו ואלהי אבותינו מלוך על כל העולם כולו בכבודך והנשא על כל הארץ ביקרך והופע בהדר גאון עוזך על כל יושבי תבל ארצך וידע כל פעול כי אתה פעלתו ויבין כל יצור כי אתה יצרתו ויאמר כל אשר רוח ונשמה באפו יי' וכו' קדשנו כו' ברוך אתה יי' מלך על כל הארץ מקדש ישראל ויום הזכרון
ברכה ראשונה משלש ברכות אמצעיות של מוסף ראש השנה
The First of the Three Intermediate Blessings Recited in Musaf on Rosh HaShanah4
אתה בחרתנו ומפני חטאינו כו' ואת מוספי כו' כמו שכתוב עלינו לשבח לאדון הכל לתת גדולה ליוצר בראשית שלא עשנו כגויי הארצות וכו' אוחילה לאל אחלה פניו אשאלה ממנו מענה לשון אשר בקהל עם אשירה עוזו אביעה רננות בעד מפעליו כו' ברוך אתה יי' למדני חוקיך על כן נקוה לך יי' אלהינו לראות מהרה בתפארת עוזך וכו' אלהינו ואלהי אבותינו מלוך כו' ברוך אתה יי' מלך על כל הארץ מקדש ישראל ויום הזכרון היום הרת עולם היום יעמיד במשפט כל יצורי עולם אם כבנים אם כעבדים אם כבנים רחמנו כרחם אב על בנים אם כעבדים עינינו לך תלויות וכו'
ברכה שניהThe Second Blessing –
אתה זוכר מעשה עולם ופוקד כל יצורי קדם כו' כי זוכר הנשכחות אתה הוא מעולם ואין שכחה לפני כסא כבודך ועקדת יצחק לזרעו תזכור וכו' היום הרת עולם היום יעמיד במשפט כל יצורי עולם אם כבנים אם כעבדים אם כבנים רחמנו כרחם אב על בנים כו'
ברכה שלישית The Third Blessing –
אתה נגלית בענן כבודך על עם קדשך לדבר עמם מן השמים השמעתם קולך כו' כי אתה שומע כו' ברוך אתה יי' שומע תרועה היום הרת עולם כו' ככתוב למעלה
ברכה אמצעית של צום יום הכפורים בערבית ושחרית ומנחה ונעילה
The Intermediate Blessing Recited on the Fast of Yom Kippur in the Evening, Morning, Afternoon, and Neilah Service
אתה בחרתנו כו' ותתן לנו יי' אלהינו את יום הכפורים הזה ואת יום מקרא קדש הזה למחילה וכו' אלהינו ואלהי אבותינו יעלה ויבוא יגיע יראה וירצה ישמע ויפקד ויזכר לפניך זכרוננו זכרון אבותינו זכרון ירושלים עירך וזכרון משיח בן דוד וכו' אלהינו ואלהי אבותינו מחול לעונותינו וכו' אלהינו ואלהי אבותינו מלוך כו' קדשנו כו' ודברך אמת וקיים כו' ברוך אתה יי' מלך על כל הארץ מלך מוחל וסולח וכו'
ברכה אמצעית של מוסף The Intermediate Blessing Recited for Musaf [on Yom Kippur] –
אתה בחרתנו ומפני חטאינו ואת מוספי יום מקרא קדש הזה נעשה ונקריב לפניך כמצות רצונך כו' אלהינו ואלהי אבותינו מחול לעונותינו ביום צום הכפורים הזה מחה והעבר פשעינו כו' עד ומבלעדיך אין לנו מלך מוחל וסולח וכו' אלהינו ואלהי אבותינו מלוך על כל העולם כולו בכבודך והנשא על כל הארץ ביקרך והופע בהדר גאון עוזך וכו' עד ומלכותו בכל משלה קדשנו במצותיך ותן חלקנו בתורתך ושבענו מטובך ושמחנו בישועתך וטהר לבנו לעבדך באמת ודברך כו' עד ברוך אתה יי' מקדש ישראל ויום הכפורים
נהגו העם בכל תפלות המוספין כשהוא אומר כמו שכתבת עלינו בתורתך על ידי משה עבדך מזכיר קרבנות אותו היום כמו שהם כתובים בתורה וקורא אותם הפסוקים ואם לא הזכיר כיון שאמר כמו שכתבת עלינו בתורתך שוב אינו צריך:
People have adopted the custom that, in all of the Musaf Prayers, when saying: "As You prescribed for us in Your Torah, through Moses Your servant," the sacrifices offered on that day are mentioned, as they are written in the Torah, reciting the said verses. If one does not recite them, as long as he says: ""As You prescribed for us in Your Torah," nothing more is required.
| FOOTNOTES | |
| 1. | |
| 2. | |
| 3. |
With regarding to the following, see Hilchot Tefilah 2:19.
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| 4. |
See ibid.:8.
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Shvuot - Chapter 7
Halacha 1
When a person issues a financial claim against a colleague which would require the latter to pay were he to admit [liability]1 and [the colleague] denies [his obligation] and takes an oath or the plaintiff administers an oath to him and he denies [any obligation]. [If he is lying,] the defendant is liable for an oath concerning a sh'vuat hapikadon.2
[The above applies] even if [the defendant] does not respond Amen.3 For with regard to a sh'vuat hapikadon, one is liable whether he took the oath on his own initiative or another person administered the oath to him and he denied [any obligation], even though he did not respond Amen. For denying the claim after the plaintiff administered the oath is equivalent to responding Amen.4
Halacha 2
[This does not apply] when [the plaintiff] lodges a claim which if acknowledged by the defendant, i.e., if he would admit that it is true, would not require him to make payment, e.g., he lodged a claim concerning a k'nas.5 For a person is not required to pay a k'nas based on his own admission.6 [In such an instance,] if a person denied [an obligation], he is exempt from a sh'vuat hapikadon, but liable for a sh'vuat bitui.7
Halacha 3
Similarly, if [the plaintiff] lodged a claim concerning landed property, a servant, or a promissory note, and [the defendant] denied [the claim] and took an oath, he is exempt from a sh'vuat hapikadon, but liable for a sh'vuat bitui, for he took a false oath.
Halacha 4
Why is one [who took an oath concerning such claims] exempt from [the obligations of a false] sh'vuat hapikadon? Behold, were he to have acknowledged [his obligation], he would have been held liable and [required] to pay what he denied. Because [Leviticus 5:21-22] states: "Concerning an entrusted object, a [financial] deposit, a robbery; he oppressed his colleague, or discovered a lost object." All of this concerns movable property which if he would admit his liability he would have to make financial restitution from his own domain.
This excludes landed property for it is not movable property. For landed property is always revealed before its owner8 and is always in their possession.9[Similarly,] it excludes servants, for an equation is established between servants and landed property.10 And it excludes promissory notes, for their actual substance is not of financial value.11
Halacha 5
[The above laws apply] whether one took an oath after the plaintiff lodged a claim against him or whether he took it on his own initiative even though a claim was not lodged against him.12
What his implied? He took the initiative and said: "Why are you following me? Do I have any money belonging to you? I am taking an oath that I am not in possession of any of your money." Since he denied [an obligation] and took an oath, [he is liable,] even though [the plaintiff] did not lodge a claim against him.
Halacha 6
[One is liable] whether he took an oath to the person to whom he owes the money or to his agent who was given power of attorney. For a person's agent is equivalent to his own self.13
Halacha 7
One is not liable for a sh'vuat hapikadon unless he requires him to take an oath in a language that he understands.14
Halacha 8
When a person consciously takes a sh'vuat hapikadon, even though he takes a false oath and is warned by witnesses at the time he takes the oath, he is not liable for lashes, but instead must merely bring a guilt offering. For the Torah excluded him from those who are liable for lashes15 and obligated him to bring a guilt offering whether he transgressed willfully or inadvertently, as we explained.16
Halacha 9
If one denied [an obligation] and took an oath [concerning it] four or five times or the plaintiff administered an oath to him four or fives times and he denied each one of them, he is liable for a guilt offering for each individual oath.17 [This applies] whether this took place in a court or outside the court.
[The rationale is that] were he to have admitted his obligation after making his denial, he would be liable to make restitution even though he made the denial in a court. Thus with each denial, he is making himself exempt from payment. Hence, he is liable for each individual oath.
Halacha 10
If five different people were lodging claims against him and telling him: "Give us the entrusted article of ours that you have in your possession," and he responds: "[I am taking] an oath that I do not have anything of yours in my possession," [should his oath be false,] he is liable for only one sacrifice.18
[If he answers: "I am taking] an oath that I don't have anything of yours, or of yours,... or of yours, in my possession," he is liable for each [statement].19
Halacha 11
If his colleague told him: "Give me the entrusted object, [financial] deposit, stolen object, and lost object [of mine], that you have in your possession," and he responds: "[I am taking] an oath that I do not have anything of yours in my possession," [should his oath be false,] he is liable for only one [sacrifice].20Even if the total of all the claims is [merely] a p'rutah, they are all included together and he is liable.21
Halacha 12
[If he answers: "I am taking] an oath that I don't have an entrusted object, [financial] deposit, stolen object, and lost object of yours in my possession," he is liable for each [statement].22
Halacha 13
[If the plaintiff says:] "Give me the wheat, barley, and buckwheat of mine that you have in your possession," and [the defendant responds]: "[I am taking] an oath that I do not have anything of yours in my possession," [should his oath be false,] he is liable for only one [sacrifice].23 [If he answers: "I am taking] an oath that I don't have any wheat, barley, and buckwheat of yours in my possession," he is liable for each [statement].
Halacha 14
If five different people were lodging claims against him and telling him: "Give us the entrusted article, [financial] deposit, stolen object, and lost object [of mine], that you have in your possession," and he responds to one of them: "[I am taking] an oath that I don't have an entrusted object, stolen object, lost object, and [financial] deposit of yours, or of yours,... or of yours in my possession," he is liable for each claim [made] by each individual. Thus he is liable for 20 guilt offerings.24
Halacha 15
If [the defendant] claims that he lost an entrusted object or denies [receiving it], he took an oath, and afterwards admitted [that it was in his possession], and then claimed that it was lost, took an oath, and then admitted [that it was in his possession], he must pay the principal and an additional fifth for each oath that he took.25 [This is derived from Leviticus 5:24 which literally translates as] "its fifths,"26 [implying that] the Torah took into account several fifths for [one sum of] principal.
What is implied? The principal was [worth] four [zuz]. One denied [receiving an entrusted article], took an oath, and then admitted [that he possessed it]. Afterwards, he claimed that it was lost, took an oath and then made a second admission, and then claimed that it was lost, took an oath and then made an admission another time. He is required to pay seven [zuz].27 Similar laws apply in all analogous situations.
Halacha 16
A value less than a p'rutah is not considered as financially significant.28 Hence, if a person lodges a claim against a colleague for less than a p'rutah or for articles worth less than a p'rutah and [the defendant] denied the obligation and took an oath, he is exempt with regard to a sh'vuat hapikadon29 and liable for ash'vuat bitui.30
| FOOTNOTES | |
| 1. |
The qualifications the Rambam mentions here make a distinction between mammon, a financial claim, for which one is liable for a sh'vuat hapikadon and k'nas, a fine, for which one is not liable, as stated in the following halachah.
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| 2. |
The term literally means "an oath concerning an entrusted object." Its meaning in a halachic context is explained in this and the subsequent halachot.
If one takes such an oath falsely, he is liable to pay an additional fifth of the principal and bring a guilt offering as stated in Chapter 1, Halachah 9.
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| 3. |
With regard to other oaths, it is necessary for the person to answer Amen as stated in Chapter 2, Halachah 1. Nevertheless, a sh'vuat hapikadon is a unique instance, as the Rambam continues to explain.
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| 4. |
If, however, he remains silent in response to the oath administered by the plaintiff, he is not liable even if he had denied his claim beforehand (Radbaz).
|
| 5. |
A fine. In Hilchot Nizkei Mammon 2:8, the Rambam defines a fine as an instance where a person pays more or less than the monetary value of the damage he caused.
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| 6. |
See Hilchot Genevah 1:5. See also Chapter 8, Halachot 1-3, for illustrations of this concept.
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| 7. |
For he is taking a false oath regarding his past activity.
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| 8. |
In contrast to movable property which can be concealed.
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| 9. |
In contrast to movable property where possession may determine ownership in a situation of doubt, with regard to landed property, a person must display proof of ownership. See also Hilchot To'en V'Nit'an 5:1; Hilchot Gezeilah 8:14; 9:1.
|
| 10. |
See Hilchot To'en V'Nit'an, loc. cit.
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| 11. |
Instead, they only serve as proof of an obligation (ibid.).
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| 12. |
Note the contrast to an oath concerning testimony (Chapter 9, Halachah 6-7). The gloss of theTorah Temimah to the prooftext explains that since the verse speaks of "deny his [obligation to] a colleague," he is liable whether his colleague demands an oath of him or not.
|
| 13. |
See Hilchot Shluchim 3:5, 7. See the Lechem Mishneh who emphasizes that the principal must have given the agent power of attorney to require an oath of the defendant. If, however, he merely gave the agent the authority to prosecute the claim, he may not require him to take an oath.
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| 14. |
For an oath can be taken in any language. Sotah 33a derives this from the exegesis of Leviticus 5:1.
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| 15. |
Neither is one who takes such a false oath liable for lashes for taking a false sh'vuat bitui.
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| 16. |
See Chapter 1, Halachah 9, which explains that one is liable for a sacrifice whether he transgressed willingly or inadvertently. As mentioned in the notes to Chapter 1, Halachah 8, one is not liable for lashes either because the transgression does not involve a deed, or because financial compensation must be given and a person is not held liable both for financial restitution and lashes.
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| 17. |
Note the contrast to an oath concerning testimony, as stated in Chapter 10, Halachah 18. He is also liable to pay an additional fifth of the principal for each false oath, as stated in Halachah 15.
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| 18. |
Since his response included all of them in one statement, it is considered only as one oath.
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| 19. |
Since he addressed each one individually, each statement is considered as an independent oath.
|
| 20. |
Since his response included all of these items in one statement, it is considered only as one oath.
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| 21. |
In this instance, were they to have been considered individually, he would be exempt, for since each of the claims are less than a p'rutah, they are not significant individually. Nevertheless, since he included them in one statement, the sum is totaled as one and he is liable.
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| 22. |
Since he mentioned each item individually, each statement is considered as an independent oath and it is necessary that each claim concern the worth of a p'rutah.
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| 23. |
Although they are different species of grain, since he included them all in one statement, he is liable only once. Even though buckwheat is a subspecies of wheat, since it is mentioned individually, he is liable for it individually (Radbaz).
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| 24. |
I.e., this combines the principles stated in Halachot 10 and 12.
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| 25. |
Similarly, he is liable for a guilt offering for each oath as stated in Halachah 9.
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| 26. |
It says chamishitav rather than chamishoto.
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| 27. |
This figure can be explained as follows: The principal is four. He must pay an additional three, for each fifth is one fifth of the new total and not one fifth of the original principal (Chapter 11, Halachah 20). He is not, however, required to pay more than one for the second and third oaths, for one is required to pay one fifth of the principal and not a fifth of the fifths (Radbaz). Note, however, Hilchot Gezelah 7:12 which explains that if he already was held liable by a court for the additional fifth, it becomes considered as part of the principal.
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| 28. |
This principle is also reflected in Hilchot To'en V'Nit'an 3:1 and Hilchot Sanhedrin 20:11. In Hilchot Shekalim 1:3, the Rambam defines a p'rutah as half a barleycorn of silver. Shiurei Torah defines this as 1/40th of a gram of silver.
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| 29. |
For such an oath concerns a financially significant claim and this does not. The Sifra derives this from the exegesis of Leviticus 5:26.
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| 30. |
For he took a false oath, as in Halachot 2-3.
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Shvuot - Chapter 8
Halacha 1
A person is exempt [from liability for] a sh'vuat hapikadon [in the following situation]: He stole an ox belonging to a colleague and slaughtered it or sold it.1His colleague lodged a claim against him, telling him: "You stole my ox and you slaughtered it or sold it." [The defendant] responded: "I stole it, but did not slaughter it or sell it" and took an oath to support his claim.
[The reason for his exemption is that] were he to have acknowledged that he slaughtered or sold [the ox] on his own accord, he would not have been required to pay four and five times its worth for this is a fine, as explained inHilchot Genevah.2 Thus it is as if he did not deny a financial obligation. Therefore he is exempt [from liability for] a sh'vuat hapikadon, but liable for ash'vuat bitui, for he took a false oath, saying that he did not slaughter [the ox], when [in fact] he did.
Halacha 2
Similarly, a person is exempt [from liability for] a sh'vuat hapikadon [in the following situations]. A person lodged a claim against him saying: "Your ox killed my servant," and he denied the incident and took an oath.3 A servant lodged a claim against his master saying: "You knocked out my tooth" or "You blinded my eye."4 For if he acknowledged the claim, he would not be obligated to pay because it is a fine.5 He is, however, liable for a sh'vuat bitui. Similar laws apply in all analogous situations.
Halacha 3
When a person lodges a claim against a colleague concerning a matter that involves both a fine which he would not be obligated to pay if he admits his liability on his own initiative as explained [above] and a financial claim which he is liable to pay on his own admission, he denies the entire claim, and takes an oath, he is liable for a sh'vuat hapikadon.6
What is implied? A person lodged a claim [against a colleague,] telling him: "You raped or you seduced my daughter."7 [The defendant] responded: "I did not rape or seduce her" and took an oath to this effect, he is liable for a sh'vuat hapikadon. For although he would not be required to pay the fine were he to have admitted [his guilt], he is obligated to pay for the embarrassment and damages even on his own admission.8
Similarly, if a person tells a colleague: "You stole my ox," and he says, "I did not steal it" and takes an oath, he is liable for a sh'vuat hapikadon. Although he would not obligated to make the double payment [for a stolen object] on the basis of his own admission,9 he would be obligated to pay the principal on the basis of his own admission.
Halacha 4
Halacha 5
[A watchman] is not liable for a sh'vuat hapikadon [in the following instance]: A person entrusted his ox to an unpaid watchman, the ox died, and he lodged a claim against the watchman, saying: "Where is the ox I entrusted to you?" The watchman responded: "You did not entrust anything to me," "You entrusted it, but it was stolen," or "...lost"12 and took an oath [to that effect]. [The rationale is] that had he admitted and related the matter as it occurred, he would not have been liable to make financial restitution, because he is an unpaid watchman.13He is, however, liable for a sh'vuat bitui, for he took a false oath. Similar laws apply in all analogous situations.
Halacha 6
[Similarly, a person] is not liable for a sh'vuat hapikadon [in the following instance]: A person lent his ox to a colleague and then demanded its return, saying: "Where is the ox you borrowed from me?" Now the ox had died, but the borrower said: "It was stolen" or "...lost" and took an oath to this effect. [The rationale is that] he did not free himself from making restitution by his denial and is nevertheless liable to pay whether the animal died, was stolen, lost, or taken captive because he was a borrower, as will be explained in the appropriate place.14 He is, however, liable for a sh'vuat bitui, for he took a false oath. Similar laws apply in all analogous situations.
Halacha 7
This is the general principle: Whoever does not free himself from financial responsibility unless he makes this denial is liable for a sh'vuat hapikadon if he takes an oath. [This applies] whether he took the oath on his own initiative or the plaintiff administer the oath and he stated his denial even though he did not answer Amen nor utter the oath himself.
Halacha 8
[A thief] is liable for a sh'vuat hapikadon [in the following instance]: He stole his colleague's ox. [The colleague] demanded payment, telling him: "You stole my ox."
[The thief] responded: "I did not steal it."
Why, then, is it in your possession?"
"You entrusted it to me [for safekeeping]" and he took an oath to that effect.15
[The rationale is that] had he admitting stealing it, he would have been liable to pay the value in any case.16 By saying now that it is an entrusted object, he exempts himself from liability for theft and for loss,17 i.e., were the ox to be lost or stolen after this admission, he is not obligated to pay.
Halacha 9
Similarly, if he were to claim that he rented it and took an oath to that effect, he is liable for a sh'vuat hapikadon, for he freed himself for liability in the cases of injury or death. Similarly, if he claimed: "You lent it to me" and took an oath to that effect, he is liable for a sh'vuat hapikadon, for he freed himself for liability if it dies while performing its work, as will be explained in Hilchot Sheilah.18
Halacha 10
Therefore if one says: "I did not steal it. Instead, you entrusted it to me...", "...hired me to watch it...", or "...lent it to me. Here is your ox. Take it." If he took an oath to that effect, he is not liable for a sh'vuat hapikadon,19for he admitted owing the principle and did not exempt himself from any liability with this denial.20
Halacha 11
Similarly, he is not liable for a sh'vuat hapikadon if he uses any of the following excuses and takes an oath to that effect: "You sold it to me, but I have not paid for it yet. If you want, take the money for it. If not, here is your ox," "You gave it to me as payment for work which I will perform for you. If you desire, I will perform the work. If you do not desire, take it and depart," "I found it wandering on the road and did not know that it was yours. Now that I know, take it and depart," or "It chased after my ox. Here, it's yours." He is, however, liable for ash'vuat bitui, for he took a false oath.
Halacha 12
When a person is financially obligated to two partners, one demands payment from him, he denies his obligation and takes an oath, he is liable for a sh'vuat hapikadon21 for he denied a financial obligation. If they both demanded payment from him and he admitted the entire obligation to one of them, but said: "I borrowed only from this one,"22 should he take an oath to this effect, he is not liable for a sh'vuat hapikadon, for he did not free himself from any liability. He is, however, liable for a sh'vuat bitui.
Halacha 13
Similarly, if there was a person who owed a debt supported by a promissory note, but he denied it and took an oath to that effect, he is not liable for ash'vuat hapikadon. [The rationale is that because of] the promissory note, [the person's] landed property is placed under lien. Thus the person is denying [an obligation involving] landed property. And as we have already explained,23 a person who denied a claim involving landed property is not liable for a sh'vuat hapikadon. He is, however, liable for a sh'vuat bitui, for he took a false oath.24
Halacha 14
If a person owed a debt to which there were witnesses, he denied [his obligation], and took an oath [to that effect], he is liable for a sh'vuat hapikadon. For by denying his obligation, he freed himself from the liability of paying immediately. When the witnesses will come, he will be obligated to pay and thus his denial will not be effective.25 It is, however, effective in that perhaps the witnesses will not come, they will come and their testimony will not be substantiated,26 or they will be disqualified.27 Therefore28 he is liable.
| FOOTNOTES | |
| 1. |
In which instance, he is obligated to pay five times the value of the ox (Exodus 21:37).
|
| 2. |
Hilchot Genevah 1:5. See also Chapter 7, Halachah 2 above.
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| 3. |
In which instance, the owner of the ox is liable to pay a fine of 30 shekalim to the owner of the servant (Exodus 21:32).
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| 4. |
In which instance, the owner is required to free the servant (Exodus 21:26-27).
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| 5. |
For in these instances, the person is not paying the worth of the damage, but an arbitrary amount that could be either more or less.
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| 6. |
For he is denying a financial claim. The fact that it also includes a fine is not significant.
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| 7. |
I.e., a virgin girl between the ages of three and twelve and a half (Hilchot Na'arah Betulah 1:1).
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| 8. |
As explained in Hilchot Na'arah Betulah 2:1-2, a person who seduces a girl is required to pay a fine of 50 silver pieces, as stated in Exodus 22:15, for the embarrassment he causes her, and the damages due to her reduction in her value. A rapist must also pay for the pain he causes. The embarrassment and the damages are considered as financial obligations.
|
| 9. |
For that is a fine.
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| 10. |
For the damages (more particularly, the unemployment assessment, the medical fees, and the allocation for embarrassment) he must pay his colleague for the wound are considered as a financial obligation and not as a fine (see Hilchot Chovel UMazik 5:7; Hilchot To'en V'Nitan 1:16).
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| 11. |
Here as well, the damages one ox causes another are considered as a financial obligation. This applies with regard to an ox that has been distinguished as one which gores. If an ox is not known to have such a tendency, the half-payment for the damages that it causes is considered as a fine (see Hilchot Nizkei Mammon 2:8).
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| 12. |
Since he would not have been liable had he told the truth, the fact that he took a false oath does not obligate him for a sh'vuat hapikadon.
|
| 13. |
He is not liable in cases involving death or other losses due to forces beyond his control.
|
| 14. |
Hilchot Sechirut 1:2; Hilchot Sheilah Ufikadon 1:1.
|
| 15. |
On his own volition; he is under no obligation to do so.
|
| 16. |
I.e., even if it dies or is destroyed by forces beyond his control.
|
| 17. |
Since he reduces his liability through his statements, he is liable for a sh'vuat hapikadon.
|
| 18. |
Hilchot Sheilah UFikadon 1:1.
|
| 19. |
He is, however, liable for a sh'vuat bitui since he took a false oath.
|
| 20. |
For he told the owner to take his ox.
|
| 21. |
This applies even if he admits owing a portion of the debt to the other partner. Since he denied part of the debt, he is liable.
|
| 22. |
I.e., he admitted the entire debt, but said that he owed it only to one person and not to both partners.
|
| 23. |
Chapter 7, Halachot 2-3.
|
| 24. |
The Radbaz notes that this statement is seemingly redundant; it is made more than ten times in this and the previous chapter. He explains that it would appear that taking a false sh'vuat hapikadon is more severe than taking a false sh'vuat bitui, yet the punishment for a false sh'vuat bitui, lashes, is more severe than that for a false sh'vuat hapikadon, bringing a sacrifice. Hence, it is necessary for the Rambam to state the point explicitly each time.
|
| 25. |
And thus there is room to say that he is not liable for a sh'vuat hapikadon, as indicated by Halachah 7.
|
| 26. |
I.e., it will be disqualified through the process of cross-examination.
|
| 27. |
And thus be prevented from testifying.
|
| 28. |
I.e., because his denial has an immediate - and perhaps long-term - effect, he is liable.
|
Shvuot - Chapter 9
Halacha 1
When a plaintiff1 demands that witnesses testify concerning a matter that through their testimony alone2 will obligate the defendant to pay this plaintiff a financial claim involving moveable property,3 [the witnesses] denied [knowing] testimony and took an oath to this effect - whether in a court of law or outside of it - they are liable for sh'vuat haedut,4 for they caused the plaintiff a financial lost through their denial.
Similarly, if the plaintiff administered an oath to them and they denied the matter, [they are liable] even though they did not take an oath or answer Amento the oath he [administered]. Since they denied the matter, they are liable, provided he administered the oath to them in court.5
Halacha 2
The witnesses are not liable for a sh'vuat haedut unless they deny [knowing testimony] in court. Whether they took the oath or the oath was administered to them in court or outside the court, the denial must be in court alone, as [can be derived from Leviticus 5:1]: "If he will not testify, he will bear his sin." [Implied is that] in the place he will testify and [that testify] will have an effect,6there, if he does not testify, he will be liable.
Halacha 3
When the plaintiff demands [that the witnesses] testify concerning a claim that does not involve a financial obligation,7 concerns landed property, servants, or promissory notes, they deny [knowing testimony], and take an oath to that effect, they are not liable for a sh'vuat edut. For they are liable when denying testimony concerning financial claims that resemble an entrusted object, a [financial] deposit, a robbery, or a lost oject which the verse8 mentions in this passage. This refers to moveable property which is itself of financial worth9 that were they to testify on [the plaintiff's] behalf, [the defendant] would have to pay.
Halacha 4
Similarly, when one administers an oath to witnesses who [can testify regarding] a fine and they deny [knowledge] of the matter, they are not liable for a sh'vuat haedut. [The rationale is that] were the defendant to come and acknowledge his liability for the fine first,10 he would not be liable to pay even though the witnesses came afterwards and testified accordingly. Thus the witnesses did not make him liable through their testimony alone. Instead, it was their testimony together with the denial of the defendant that made him liable. Since their testimony would not be effective if he acknowledged [his liability], if they denied [knowing of] the matter and took an oath, they are not liable.
Halacha 5
[When a plaintiff administers an oath to witnesses, saying:] "I am making you take an oath that you come and testify on my behalf that so-and-so owes me a double payment"11 or a four- or five-fold payment12 and the witnesses deny [knowledge of the matter], they are liable for a sh'vuat haedut because of the principle which is a financial obligation,13 but not because of the double payment which is a fine.
Similarly, if he administered an oath that they testify that they testify that so-and-so raped or seduced his daughter and they deny [knowledge of the matter], they are liable for a sh'vuat haedut because of the [payment due] for embarrassment and damages.14 For if the defendant acknowledged his obligation, he would have to pay these obligations, but not because of the fine. Similar laws apply in all analogous situations.
Halacha 6
Witnesses are not liable for a sh'vuat haedut until they deny [knowledge of the matter] and take an oath after the plaintiff or his agent15 demand [that they testify]. If, however, they take an oath first, before a demand is made of them, they are not liable for a sh'vuat haedut.
Halacha 7
What is implied? [The witnesses] saw the plaintiff following after them, they told him: "Why are you following us? We are taking an oath that we do not know any testimony involving you," they are not liable for a sh'vuat haedut. [The rationale is that] the plaintiff did not make a demand of them. Instead, they took the oath first on their own initiative.16
Similarly, if the defendant administered an oath to them that if they knew testimony involving the plaintiff they should come and testify and they deny [knowledge of the matter], they are not liable for a sh'vuat haedut unless the plaintiff makes them take the oath.17 Needless to say, if he administered an oath that they should come to testify that so-and-so owes so-and-so money and they deny [knowledge of the matter], they are not liable. For the person making this demand is not the plaintiff himself. Similarly, if the oath preceded [their knowledge of] the testimony, they are not liable for a sh'vuat haedut, as [implied by Leviticus 5:1]: "And he heard the voice of an oath [when] he was a witness." [It can be inferred that knowledge of] the testimony preceded the oath and not that the oath preceded the knowledge of the testimony.
Halacha 8
What is implied? [The plaintiff says:] "I am administering to you an oath that if you will know of testimony concerning me that you come and testify," and the witnesses responded Amen and afterwards they observed a matter concerning him.18 If he demands that they testify and they deny [knowledge of the matter], they are not liable for a sh'vuat haedut.
Halacha 9
Witnesses are not liable for a sh'vuat haedut until the plaintiff singles them out and administers an oath to them or they take an oath.19
What is implied? A person stood up in a synagogue and said: "I am administering an oath to anyone who knows testimony concerning me to come and testify on my behalf." They all - including his witnesses - responded Amen. Afterwards, he demanded of his witnesses that they testify and they denied [knowledge of the matter]. They are not liable for a sh'vuat haedut, because he did not single out the witnesses individually. If, however, he said: "I am administering an oath to all of those standing here that if they know testimony concerning me to come and testify on my behalf." [If] his witnesses were among those present and [then] they denied [knowledge of the matter], they are liable for a sh'vuat haedut, because he singled them out among the others.20
Halacha 10
Similarly, if he told the witnesses: "Come and testify on my behalf that so-and-so owes me a maneh" and then stands in a synagogue and said: "I am administering an oath to anyone who knows testimony concerning me to come and testify on my behalf," should they not come and testify, they are liable, because he made a demand of them previously. [This applies] provided they are present in the synagogue and a court is also there.21 If a court was not present, they are liable for a sh'vuat haedut if they answered Amen and deny [knowledge of the matter] while in a court of law.22 If they did not answer Amen, they are not liable.
Halacha 11
Halacha 12
The witnesses are not liable unless the oath is administered to them in a language that they understand.25
Halacha 13
Thus you have learned that witnesses are not liable for a sh'vuat haedut unless ten conditions are [met]. They are:26
a) [The witnesses] must be charged [with testifying] by the plaintiff;
b) [The matter] must involve a financial claim;
c) It must involve movable property;
d) Their testimony alone, had it been given, would be sufficient to require the defendant to pay;
e) They must deny [knowledge of the matter] after the plaintiff charges them;
f) They must issue their denial in court;
g) God's name or a term used to describe Him must be mentioned in the oath;
h) The knowledge of the matter must precede the oath;
i) The witnesses must be singled out at the time of the oath or at the time they are charged;
j) The oath must be in a language that they understand.
Halacha 14
Whenever we have used the expression "they are not liable" [in this chapter], the intent is that they are not liable for a sh'vuat haedut. They are, however, liable for a sh'vuat bitui, provided they take the oath or answer Amen to an oath administered by a colleague, because they took a false oath.27
When, by contrast, one is liable for a sh'vuat haedut, he is only liable for ash'vuat haedutand is not liable for a sh'vuat bitui, even though he took a false oath and did so intentionally. [The rationale is that] the Torah removed ash'vuat haedut from the category of sh'vuat bitui to make a person who deliberately [takes a false oath] liable for a sacrifice for its violation just as one who took it inadvertently.28 He is not, however, liable for lashes, as [can be derived from Leviticus 5:5 which] states: "For one of these."29 A person who takes a [false] oath is liable for one type of oath, but not two. [We do not hold him liable for both] a sh'vuat haedut and a sh'vuat bitui.
Halacha 15
[When the plaintiff says: "I am administering] an oath to you unless you come and testify that so-and-so has an entrusted object, a [financial] deposit, stolen property, and a lost object of mine in his possession," [and the witnesses respond: "We are taking] an oath that we do not know of any testimony concerning you," they are liable for only [sacrifice].30 [If they say: "We are taking] an oath that we do not know of any testimony concerning an entrusted object, a [financial] deposit, stolen property, and a lost object of yours in so-and-so's possession, they are liable for each [statement].31
Halacha 16
[When the plaintiff says: "I am administering] an oath to you unless you come and testify that so-and-so has wheat, barley, and buckwheat of mine in his possession," and [the defendant responds]: "[We are taking] an oath that we do not know of any testimony concerning you," they are liable for only one [sacrifice].32[If they answer: "We are taking] an oath that we do not know of any testimony concerning any wheat, barley, and buckwheat of yours in his possession," he is liable for each [statement].
Halacha 17
Similarly, if many people charged them with testifying and they said: "[We are taking] an oath that we do not know of any testimony concerning you," they are liable for only one [sacrifice]. [If they said:] "...concerning you, and you, and you," they are liable for each [statement], as explained with regard to sh'vuat hapikadon.33
Halacha 18
When a person administers an oath to a colleague that he knows testimony concerning him and ultimately, it is discovered that he does not know testimony, [the colleague] is not liable, neither for a sh'vuat haedut34, nor for a sh'vuat bitui. [The rationale is that] a sh'vuat bitui involves only matters that have both a positive and negative dimension.35 Were the person to have said: "I am taking an oath that I do not know testimony concerning you," that would not be ash'vuat bitui, but instead a sh'vuat haedut. Hence since the negative dimension of the statement is not a sh'vuat bitui, the positive dimension, taking an oath that one knows testimony, is not a sh'vuat bitui.36
| FOOTNOTES | |
| 1. |
This excludes instances when an oath is not made in response to the plaintiff's demands, as stated in Halachah 7. And it excludes an instance when the matter was observed by two pairs of witnesses, as stated in Chapter 10, Halachah 15.
|
| 2. |
This excludes a fine, because in that instance, the defendant does not become liable until he denies the obligation and the witnesses refute his denial. With regard to monetary claims, by contrast, once the witnesses testify, the defendant is liable regardless of whether he admits or disputes his liability. See Halachah 4.
|
| 3. |
Halachah 3 explains that this phrase excludes promissory notes, landed property, and servants.
|
| 4. |
This term literally means "the oath [concerning] testimony." As stated in Chapter 1, Halachah 12, a person who takes this oath falsely is liable to bring an adjustable guilt offering.
|
| 5. |
As reflected by Halachah 10, when the oath is administered by the plaintiff and the witnesses do not answer Amen, the oath must be administered in court. If, however, the witnesses take the oath on their own accord or they answer Amen, they are liable even if this takes places outside a court, provided the denial takes place within a court, as stated in the following halachah (Radbaz,Kessef Mishneh; see also Chapter 10, Halachah 7 and notes).
|
| 6. |
I.e., in court. See Halachah 10 and notes where this concept is discussed.
|
| 7. |
E.g., he demanded that they testify that he was a priest or a Levite (Chapter 10, Halachah 3).
|
| 8. |
Leviticus 5:21-22; see the explanations in Chapter 7, Halachah 4, and notes.
|
| 9. |
In contrast to promissory notes.
|
| 10. |
See Hilchot Nizkei Mammon 2:8.
|
| 11. |
For a theft.
|
| 12. |
For the theft and slaughter or sale of a sheep or a cow.
|
| 13. |
For this must be paid even if he admits stealing himself.
|
| 14. |
See Chapter 8, Halachah 3, and notes.
|
| 15. |
This applies to a person who has been given power of attorney (see Chapter 7, Halachah 6). If he has not been given formal power of attorney, even if he is an agent acting on behalf of the principal, the oath he administers is not of consequence (Rabbi Akiva Eiger).
|
| 16. |
As the Rambam writes in his Commentary to Mishnah (Sh'vuot 4:12), Leviticus 5:1 states "If he does not tell" but the word "not" is written lamed alef vav. This implies both lamed alef "not," andlamed vav "to him." Implied is that he must say no to him, i.e., in response to his demand.
|
| 17. |
This can also be derived through the process of exegesis mentioned above. One can infer that the witnesses he must say no to him, to the plaintiff himself
|
| 18. |
I.e., at the time the oath was administered, they did not have knowledge of testimony concerning the plaintiff, but afterwards they observed the matter under investigation.
|
| 19. |
From the exegesis of the prooftext cited above, Sh'vuot 35a understands that the verse is speaking, not of people in general, but of persons singled out to serve as witnesses.
|
| 20. |
Although he spoke to the group as a whole, the oath was directed to each of the persons individually.
Rabbenu Nissim mentions another concept related to this ruling. A plaintiff may administer an oath to a person even when he is not certain that the person in fact knows testimony concerning him.
|
| 21. |
Since they did not take the oath or answer Amen, they are not liable unless the oath is administered in the presence of a court, as stated in Halachah 1.
|
| 22. |
For their denial must be made in a court of law, as stated in Halachah 2.
The Ra'avad differs with the Rambam's decision, explaining that the Rambam follows the opinion of Rabbi Meir (Sh'vuot 30a), but the Ra'avad maintains that the halachah should be decided according to the Sages who differ with rabbi Meir. Similarly, the Ra'avad also differs with the Rambam's postulate that if the witnesses do not answer Amen, the oath must be administered in a court.
The Radbaz justifies the Rambam's position, explaining that since the witnesses did not take the oath themselves or respond Amen, it is their denial of knowledge of the testimony that constitutes acceptance of the oath. Accordingly, just as the denial must be made in court, the oath must be administered in court. For it is inappropriate that the oath itself be administered outside the court, while its acceptance is required to be in court. See also Chapter 10, Halachah 17 and notes.
|
| 23. |
Or includes God's name in any of the other expressions (Radbaz).
|
| 24. |
See Chapter 2, Halachot 2-4.
|
| 25. |
See Chapter 7, Halachah 7. This applies even if they answer Amen to the oath (Jerusalem Talmud, Sotah 7:1).
|
| 26. |
All of these points have been discussed in the previous halachot.
|
| 27. |
Although the Rambam's position is shared by many other Rishonim, there are others (e.g., Rashi,Sh'vuot 25b), who differ and maintain that since the oath involves testimony, one is never liable for a sh'vuat bitui even when he is not liable for a sh'vuat haedut. See Halachah 18 and notes.
|
| 28. |
Sh'vuot 30a notes that with regard to all the other types of oaths, the Torah uses the expression "and it became concealed from him," but it does not use that expression with regard to a sh'vuat haedut. Implied is that even if the matter is not concealed, i.e., he transgresses deliberately, he is liable for a sacrifice. The Radbaz questions - without resolving - why the Torah gives the person a lesser punishment - a sacrifice - instead of lashes, when he purposefully violates this transgression.
|
| 29. |
The same passage mentions both a sh'vuat haedut and a sh'vuat bitui. This verse teaches that one can be held liable for only one of these types of oaths. This also applies with regard to the other false oaths for which the Torah holds one liable. One can be held liable only for one.
|
| 30. |
Because they included all the obligations in a single statement. Note the parallel to this and the subsequent laws in Chapter 7, Halachot 10-14.
|
| 31. |
For they singled out each object individually.
|
| 32. |
Although they are different species of grain, since he included them all in one statement, he is liable only once.
|
| 33. |
Because they included all the obligations in a single statement. Note the parallel to this and the subsequent laws in Chapter 7, Halachot 10-14.
|
| 34. |
For a sh'vuat haedut involves a situation when the witnesses refuse to testify.
|
| 35. |
See Chapter 1, Halachah 1, and notes.
|
| 36. |
Hence he is totally absolved from liability.
The Kessef Mishneh notes that one could raise a question based on Sh'vuat 25b. From that passage, it would appear that this and the concept stated in Halachah 14 are conflicting positions and one cannot accept both as halachah. Nevertheless, he explains that it is only in the preliminary stage of the Talmud's argument that the positions appear conflicting. After the Talmud cites the teaching derived from the prooftext, "for one of these," the two rulings can be reconciled. He cites other Rishonim who interpret the passage in this manner.
|
| 37. |
For he is taking an oath regard a specific activity which he performed or did not perform in the past. Since it has both a positive and negative dimension, he is liable. The fact that this oath does not have a future dimension - for if one takes an oath that he will not testify, he is negating a mitzvah, and hence, it is an oath in vain (Chapter 5, Halachah 15) and not a sh'vuat bitui - does not prevent one from being liable for the oath referring to the past.
|
| 38. |
For a sh'vuat haedut involves only the future.
|
• Tuesday, Nissan 11, 5775 · 03/31/2015
"Today's Day"
Torah lessons: Chumash: Metzora, Shishi with Rashi.
Tehillim: 60-65.
Tanya: "And, behold, (p. 205)...Tallit or phylacteries. (p. 207).
On his birthday, one should spend time in seclusion. He should recall his experiences and think deeply into them. He should then repent and correct those (of his past deeds) that need correction and repentance.
FOOTNOTES
*. On this day, Nissan 11, 5662 (1902), the Rebbe was born to his parents Rabbi Levi Yitzchak and Rebbetzin Chana Schneerson. May we soon merit to be reunited with all of them with the coming of Moshiach.
Daily Thought:
No Limits
The people never got used to Egypt. They never felt they belonged there. They never said, “They are the masters and we are the slaves and that’s the way it is.”
So when Moses came and told them that they were going to leave, they believed him.
Everyone has their Egypt. You’ve got to know who you are and what are your limitations. But heaven forbid to make peace with them. The soul within you knows no limits.
____________________________
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