Today's Laws & Customs:
• Count "Twenty-Three Days to the Omer" Tonight
Tomorrow is the twenty-third day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer fortomorrow's date tonight, after nightfall: "Today is twenty-three days, which are three weeks and two days, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Gevurah sheb'Netzach -- "Restraint in Ambition"
The teachings of Kabbalah explain that there are seven "Divine Attributes" --Sefirot -- that G-d assumes through which to relate to our existence: Chessed,Gevurah, Tifferet, Netzach, Hod, Yesod and Malchut ("Love", "Strength", "Beauty", "Victory", "Splendor", "Foundation" and "Sovereignty"). In the human being, created in the "image of G-d," the seven sefirot are mirrored in the seven "emotional attributes" of the human soul: Kindness, Restraint, Harmony, Ambition, Humility, Connection and Receptiveness. Each of the seven attributes contain elements of all seven--i.e., "Kindness in Kindness", "Restraint in Kindness", "Harmony in Kindness", etc.--making for a total of forty-nine traits. The 49-day Omer Count is thus a 49-step process of self-refinement, with each day devoted to the "rectification" and perfection of one the forty-nine "sefirot."
Links:
How to count the Omer
The deeper significance of the Omer Count
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing calledKiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Today in Jewish History:
• Jerusalem Walls Dedicated (335 BCE)
The rebuilding of the walls of Jerusalem was celebrated with great jubilation nearly 88 years after they were destroyed by Nebuchadnezzar of Babylonia.
• Venetian Ghetto (1516)
On the 7th of Iyar, 1516, the Venetian City Council decreed that all Jews be segregated to a specific area of the city.
Venice's ghetto was surrounded by water, with a canal leading to its gates. At night the "Christian guards" patrolled the waters around the ghetto to ensure that the night curfew wasn't violated. At the same time of the establishment of this ghetto, numerous other degrading laws were enacted, including the requirement that all Jews wear yellow stars as identification.
Despite all these restrictions, the Jewish community blossomed and functioned normally. In 1797, the ghetto was abolished by Napoleon during the course of theFrench Revolution.
The site chosen to accommodate the Jews had once housed the city's foundries,gettos in Italian -- and thus the eventual popularization throughout Europe of the word "ghetto" to describe the city sections where Jews were forced to reside.
Daily Quote:
G-d treats a person the same way they treat their children[Rabbi Shlomo of Karlin]
Daily Study:
Chitas and Rambam for today:
Chumash: Acharei-Kedoshim, 1st Portion Leviticus 16:1-16:24 with Rashi
• Chapter 16
1And the Lord spoke to Moses after the death of Aaron's two sons, when they drew near before the Lord, and they died. אוַיְדַבֵּר יְהוָֹה אֶל משֶׁה אַחֲרֵי מוֹת שְׁנֵי בְּנֵי אַהֲרֹן בְּקָרְבָתָם לִפְנֵי יְהוָֹה וַיָּמֻתוּ:
And the Lord spoke to Moses after the death of Aaron’s two sons:What does this teach us [when it specifies “after the death of Aaron’s two sons”]? Rabbi Eleazar ben Azariah illustrated [the answer] with a parable of a patient, whom a physician came to visit. [The physician] said to him, “Do not eat cold foods, and do not lie down in a cold, damp place.” Then, another [physician] visited him, and advised him, “Do not eat cold foods or lie down in a cold, damp place, so that you will not die the way so-and-so died.” This one warned that patient more effectively than the former. Therefore, Scripture says, “after the death of Aaron’s two sons” [i.e., God effectively said to Aaron, “Do not enter the Holy in a prohibited manner, so that you will not die as your sons died”]- [Torath Kohanim 16:3] וידבר ה' אל משה אחרי מות שני בני אהרן וגו': מה תלמוד לומר, היה רבי אלעזר בן עזריה מושלו משל לחולה שנכנס אצלו רופא. אמר לו אל תאכל צונן ואל תשכב בטחב. בא אחר ואמר לו אל תאכל צונן ואל תשכב בטחב שלא תמות כדרך שמת פלוני. זה זרזו יותר מן הראשון, לכך נאמר אחרי מות שני בני אהרן:
2And the Lord said to Moses: Speak to your brother Aaron, that he should not come at all times into the Holy within the dividing curtain, in front of the cover that is upon the ark, so that he should not die, for I appear over the ark cover in a cloud. בוַיֹּאמֶר יְהֹוָה אֶל משֶׁה דַּבֵּר אֶל אַהֲרֹן אָחִיךָ וְאַל יָבֹא בְכָל עֵת אֶל הַקֹּדֶשׁ מִבֵּית לַפָּרֹכֶת אֶל פְּנֵי הַכַּפֹּרֶת אֲשֶׁר עַל הָאָרֹן וְלֹא יָמוּת כִּי בֶּעָנָן אֵרָאֶה עַל הַכַּפֹּרֶת:
And the Lord said to Moses: Speak to your brother Aaron, that he should not come [at all times into the Holy]: so that he should not die the way his sons died. — [Torath Kohanim 16:3] ויאמר ה' אל משה דבר אל אהרן אחיך ואל יבא:שלא ימות כדרך שמתו בניו:
so that he should not die: for if he does enter, he will die. — [Torath Kohanim 16:3] ולא ימות: שאם בא הוא מת:
for I appear…in a cloud: “For I continuously appear there with My pillar of cloud, and therefore, since My Divine Presence is revealed there, he must be careful not to accustom himself to enter.” This is its simple meaning. Our Rabbis, however, interpreted [it as follows]: He shall not come except with the cloud of incense on Yom Kippur. - [Yoma 53a] כי בענן אראה: כי תמיד אני נראה שם עם עמוד ענני. ולפי שגלוי שכינתי שם, יזהר שלא ירגיל לבא, זהו פשוטו. ומדרשו לא יבא כי אם בענן הקטרת ביום הכיפורים:
3With this shall Aaron enter the Holy: with a young bull for a sin offering and a ram for a burnt offering. גבְּזֹאת יָבֹא אַהֲרֹן אֶל הַקֹּדֶשׁ בְּפַר בֶּן בָּקָר לְחַטָּאת וְאַיִל לְעֹלָה:
with this: בְּזֹאת. Its gematria [numerical value] is 410, an allusion to [the number of years that] the first Temple [would stand when the kohanim were righteous like Aaron, and it was as if Aaron lived all these years and entered the Holy of Holies]. - [Vayikra Rabbah 21:9] בזאת: גימטריא שלו ארבע מאות ועשר, רמז לבית ראשון:
With this shall Aaron enter [the Holy]: And even [with] this, not at all times, but [only] on Yom Kippur, as is specified at the end of this section (verse 29 below),“in the seventh month, on the tenth of the month…” [i.e., the tenth of Tishri, namely, Yom Kippur]. בזאת יבא אהרן וגו': ואף זו לא בכל עת, כי אם ביום הכיפורים, כמו שמפורש בסוף הפרשה (פסוק כט) בחדש השביעי בעשור לחודש:
4He shall wear a holy linen shirt and linen pants shall be upon his flesh, and he shall gird himself with a linen sash and wear a linen cap these are holy garments, [and therefore,] he shall immerse himself in water and don them. דכְּתֹנֶת בַּד קֹדֶשׁ יִלְבָּשׁ וּמִכְנְסֵי בַד יִהְיוּ עַל בְּשָׂרוֹ וּבְאַבְנֵט בַּד יַחְגֹּר וּבְמִצְנֶפֶת בַּד יִצְנֹף בִּגְדֵי קֹדֶשׁ הֵם וְרָחַץ בַּמַּיִם אֶת בְּשָׂרוֹ וּלְבֵשָׁם:
[He shall wear a…] linen shirt…: [By enumerating only the four garments of an ordinary kohen, Scripture] informs [us] that [the Kohen Gadol] does not perform the service inside [i.e., in the Holy of Holies] wearing the eight garments with which he performs the service outside [the Holy of Holies (see Exod. Chap. 28)], for those [garments] contain gold, and a prosecutor cannot become a defender. [I.e., since the Kohen Gadol enters the Holy of Holies on Yom Kippur to effect atonement for all Israel, he may not enter wearing gold, reminiscent of the golden calf]. Instead, [he wears] four garments, like an ordinary kohen, all of which are [made] of linen. — [R. H. 26a] כתנת בד וגו': מגיד שאינו משמש לפנים בשמונה בגדים שהוא משמש בהם בחוץ, שיש בהם זהב, לפי שאין קטיגור נעשה סניגור, אלא בארבעה, ככהן הדיוט, וכולן של בוץ:
He shall wear a holy [linen shirt…]: i.e., these garments shall be [purchased] from the Temple treasury. - [Torath Kohanim 16:13] קדש ילבש: שיהיו משל הקדש:
and wear: Heb. יִצְנֹף, as the Targum [Onkelos] renders it: יָחֵית בְּרֵישֵׁיהּ, he shall place on his head. This is similar to “So she placed (וַתַּנַּח) his garment” (Gen. 39:16), [which Onkelos renders:] וְאַחְתְתֵהּ. יצנף: כתרגומו יחית ברישיה, יניח בראשו, כמו (בראשית לט טז) ותנח בגדו ואחתתיה:
he shall immerse in water: On that day he was required to immerse himself every time he changed [his garments]. And [in total, the Kohen Gadol] changed his garments five times [when transferring] from the service inside [the Holy of Holies] to the service outside, and from outside to inside, changing from golden garments to white garments, and from white garments to golden garments. And at every change [of garments], he was required to immerse in a mikvah [once] and to sanctify his hands and feet twice [by washing his hands in the water] from the washstand [i.e., once when removing the garments he wore and a second time when he donned the next set of garments]. — [Yoma 32a] ורחץ במים: אותו היום טעון טבילה בכל חליפותיו. וחמש פעמים היה מחליף מעבודת פנים לעבודת חוץ ומחוץ לפנים, ומשנה מבגדי זהב לבגדי לבן ומבגדי לבן לבגדי זהב, ובכל חליפה טעון טבילה ושני קדושי ידים ורגלים מן הכיור:
5And from the community of the children of Israel, he shall take two he goats as a sin offering, and one ram as a burnt offering. הוּמֵאֵת עֲדַת בְּנֵי יִשְׂרָאֵל יִקַּח שְׁנֵי שְׂעִירֵי עִזִּים לְחַטָּאת וְאַיִל אֶחָד לְעֹלָה:
6And Aaron shall bring his sin offering bull, and initiate atonement for himself and for his household. ווְהִקְרִיב אַהֲרֹן אֶת פַּר הַחַטָּאת אֲשֶׁר לוֹ וְכִפֶּר בַּעֲדוֹ וּבְעַד בֵּיתוֹ:
his sin-offering bull: That is the one mentioned above (verse 3). And [Scripture’s reference to “his”] teaches you here that [this bull] had to be [purchased] from Aaron’s own money, rather than from public funds. — [Torath Kohanim 16:19; Yoma 3b] את פר החטאת אשר לו: האמור למעלה. ולמדך כאן שמשלו הוא בא, ולא משל צבור:
and initiate atonement…for himself and for his household: [i.e., over this bull,] he confesses his own sins and those of his household. — [Torath Kohanim 16:20; Yoma 36b] וכפר בעדו ובעד ביתו: מתודה עליו עונותיו ועונות ביתו:
7And he shall take the two he goats, and place them before the Lord at the entrance to the Tent of Meeting. זוְלָקַח אֶת שְׁנֵי הַשְּׂעִירִם וְהֶעֱמִיד אֹתָם לִפְנֵי יְהֹוָה פֶּתַח אֹהֶל מוֹעֵד:
8And Aaron shall place lots upon the two he goats: one lot "For the Lord," and the other lot, "For Azazel." חוְנָתַן אַהֲרֹן עַל שְׁנֵי הַשְּׂעִירִם גֹּרָלוֹת גּוֹרָל אֶחָד לַיהֹוָה וְגוֹרָל אֶחָד לַעֲזָאזֵל:
And Aaron shall place lots upon the two he-goats: He would place one [he-goat] on his right and one on his left. Then, he would insert both his hands into an urn [which contained two lots, one bearing the inscription “to the Lord” and the other “to Azazel.” These lots were mixed up, and Aaron, with both hands inside the urn] took one lot in his right hand and the other in his left hand, and he would place them upon them [the he-goats]: [The one] upon which [he placed the lot] with the inscription “to the Lord,” would be for God, while the one upon which [he placed the lot] with the inscription “to Azazel,” would be sent off to Azazel. — [Yoma 39a] ונתן אהרן על שני השעירים גרלות: מעמיד אחד לימין ואחד לשמאל, ונותן שתי ידיו בקלפי ונוטל גורל בימין וחברו בשמאל, ונותן עליהם, את שכתוב בו לשם הוא לשם, ואת שכתוב בו לעזאזל משתלח לעזאזל:
Azazel: This is a strong and hard mountain, [with] a high cliff, as the Scripture says [in describing Azazel] (verse 22 below),“a precipitous land (אֶרֶץ גְּזֵרָה),” meaning a cut-off land [i.e., a sheer drop]. — [Torath Kohanim 16:28; Yoma 67b] עזאזל: הוא הר עז וקשה, צוק גבוה, שנאמר (פסוק כב) ארץ גזרה, חתוכה:
9And Aaron shall bring the he goat upon which the lot, "For the Lord," came up, and designate it as a sin offering. טוְהִקְרִיב אַהֲרֹן אֶת הַשָּׂעִיר אֲשֶׁר עָלָה עָלָיו הַגּוֹרָל לַיהוָֹה וְעָשָׂהוּ חַטָּאת:
and designate it as a sin-offering: When he places the lot upon it, he designates it by calling it [a sin-offering], saying, “To the Lord-a sin-offering”. — [Yoma 39a] ועשהו חטאת: כשמניח הגורל עליו קורא לו שם ואומר לה' חטאת:
10And the he goat upon which the lot "For Azazel" came up, shall be placed while still alive, before the Lord, to [initiate] atonement upon it, and to send it away to Azazel, into the desert. יוְהַשָּׂעִיר אֲשֶׁר עָלָה עָלָיו הַגּוֹרָל לַעֲזָאזֵל יָעֳמַד חַי לִפְנֵי יְהוָֹה לְכַפֵּר עָלָיו לְשַׁלַּח אֹתוֹ לַעֲזָאזֵל הַמִּדְבָּרָה:
while still alive: [is to be understood] like יָעֳמַד חַי [i.e., the word יָעֳמַד is in the hof’al conjugation, which is a passive form, meaning that the goat] was “stood up by others.” [Thus,] the Targum translates it as, יִתָּקַם כַּד חַי, “shall be stood up while alive.” And what does the verse teach us when it says “alive?” Since it says: “to send it away to Azazel,” and we do not know whether it was to be sent away to be killed or to remain alive. Therefore, Scripture says, “shall be placed while still alive,” [meaning that] it is to be placed while still alive [and shall remain alive only] until it is sent away. From here, we learn that it was sent away to its death. — [Torath Kohanim 16:26] יעמד חי: כמו יעמד חי על ידי אחרים, ותרגומו יתקם כד חי. מה תלמוד לומר חי, לפי שנאמר לשלח אותו לעזאזל, ואיני יודע שילוחו אם למיתה אם לחיים, לכך נאמר יעמד חי, עמידתו חי עד שישתלח, מכאן ששילוחו למיתה:
to [initiate] atonement: [lit., “to effect atonement upon it,” here meaning] that he is to confess upon it, as Scripture says, “and confess upon it….” (verse 21 below). - [Torath Kohanim 16:27; Yoma 40b] לכפר עליו: שיתודה עליו, כדכתיב (פסוק כא) והתודה עליו וגו':
11And Aaron shall bring his sin offering bull, and shall [initiate] atonement for himself and for his household, and he shall [then] slaughter his sin offering bull. יאוְהִקְרִיב אַהֲרֹן אֶת פַּר הַחַטָּאת אֲשֶׁר לוֹ וְכִפֶּר בַּעֲדוֹ וּבְעַד בֵּיתוֹ וְשָׁחַט אֶת פַּר הַחַטָּאת אֲשֶׁר לוֹ:
…and shall [initiate] atonement for himself: This is a second confession [i. e., besides that stated in verse 6 above for himself and his household], and is for himself [again] and for his brothers, the kohanim, all of whom are called “his household,” as the verse says, “O house of Aaron, bless the Lord,” (Ps. 135:19). From here, we see that [all] the kohanim receive atonement through this [sin-offering bull of the Kohen Gadol] (Torath Kohanim 16:29; Shev. 13b) And all its atonement is exclusively for defiling the Sanctuary and its holy things, [e.g., if a kohen forgot that he was unclean and entered the Sanctuary or ate sacrifices], as the verse says, “And he shall effect atonement upon the Holy, from the defilements [of the children of Israel]” (verse 16 below). - [Shev. 14a] וכפר בעדו וגו': וידוי שני עליו ועל אחיו הכהנים, שהם כלם קרוים ביתו, שנאמר (תהלים קלה יט) בית אהרן ברכו את ה' וגו', מכאן שהכהנים מתכפרים בו, וכל כפרתן אינה אלא על טומאת מקדש וקדשיו, כמו שנאמר (פסוק טז) וכפר על הקדש מטומאות וגו':
12And he shall take a pan full of burning coals from upon the altar, from before the Lord, and both hands' full of fine incense, and bring [it] within the dividing curtain. יבוְלָקַח מְלֹא הַמַּחְתָּה גַּחֲלֵי אֵשׁ מֵעַל הַמִּזְבֵּחַ מִלִּפְנֵי יְהֹוָה וּמְלֹא חָפְנָיו קְטֹרֶת סַמִּים דַּקָּה וְהֵבִיא מִבֵּית לַפָּרֹכֶת:
from upon the altar: [referring to] the outside altar. — [Yoma 45b] מעל המזבח: החיצון:
from before the Lord: From the side [of the altar] that is before the entrance [to the Holy], namely, the western side [of the altar]. — [Yoma 45b] מלפני ה': מצד שלפני הפתח והוא צד מערבי:
fine: Heb. דַּקָּה. But what does Scripture teach us here, when it says [that the incense had to be] fine? Was not all incense fine, as Scripture says [regarding the spices], “And you shall crush some of it finely” (Exod. 30:36)? Rather, [Scripture is telling us here that this incense] was to be the finest of the fine, for on the eve of Yom Kippur, they would return [already crushed incense] to the mortar [in order to crush it even finer, for use on Yom Kippur]. — [Torath Kohanim 16:34; Keritot 6b] דקה: מה תלמוד לומר דקה, והלא כל הקטורת דקה היא, שנאמר (שמות ל לו) ושחקת ממנה הדק, אלא שתהא דקה מן הדקה, שמערב יום הכפורים היה מחזירה למכתשת:
13And he shall place the incense upon the fire, before the Lord, so that the cloud of the incense shall envelope the ark cover that is over the [tablets of] Testimony, so that he shall not die. יגוְנָתַן אֶת הַקְּטֹרֶת עַל הָאֵשׁ לִפְנֵי יְהֹוָה וְכִסָּה | עֲנַן הַקְּטֹרֶת אֶת הַכַּפֹּרֶת אֲשֶׁר עַל הָעֵדוּת וְלֹא יָמוּת:
[And he shall place the incense] upon the fire: that is inside the pan. על האש: שבתוך המחתה:
so that he shall not die: Hence, if [the Kohen Gadol] did not make it according to its formula, he would be liable to death. — [Torath Kohanim 16:35; Yoma 53a] ולא ימות: הא אם לא עשאה כתקנה, חייב מיתה:
14And he shall take some of the bull's blood and sprinkle [it] with his index finger on top of the ark cover on the eastern side; and before the ark cover, he shall sprinkle seven times from the blood, with his index finger. ידוְלָקַח מִדַּם הַפָּר וְהִזָּה בְאֶצְבָּעוֹ עַל פְּנֵי הַכַּפֹּרֶת קֵדְמָה וְלִפְנֵי הַכַּפֹּרֶת יַזֶּה שֶׁבַע פְּעָמִים מִן הַדָּם בְּאֶצְבָּעוֹ:
and sprinkle [it] with his index finger: One sprinkling is meant. והזה באצבעו: הזאה אחת במשמע:
and before the [ark] cover, he shall sprinkle seven [times]: Thus, once above and seven times below. — [Torath Kohanim 16:41; Yoma 55a] ולפני הכפרת יזה שבע: הרי אחת למעלה ושבע למטה:
15He shall then slaughter the he goat of the people's sin offering and bring its blood within the dividing curtain, and he shall do with its blood as he had done with the bull's blood, and he shall sprinkle it upon the ark cover and before the ark cover. טווְשָׁחַט אֶת שְׂעִיר הַחַטָּאת אֲשֶׁר לָעָם וְהֵבִיא אֶת דָּמוֹ אֶל מִבֵּית לַפָּרֹכֶת וְעָשָׂה אֶת דָּמוֹ כַּאֲשֶׁר עָשָׂה לְדַם הַפָּר וְהִזָּה אֹתוֹ עַל הַכַּפֹּרֶת וְלִפְנֵי הַכַּפֹּרֶת:
the people’s [sin-offering he-goat]: For what the bull atones for the kohanim [namely, defilements of the Sanctuary and its holy things], the he-goat atones for the Israelites, and this goat was the one upon which the lot “For the Lord” had fallen. - [Yoma 61a] אשר לעם: מה שהפר מכפר על הכהנים מכפר השעיר על ישראל, והוא השעיר שעלה עליו הגורל לשם:
as he had done with the bull’s blood: [namely, sprinkling it] once above and seven times below. — [Torath Kohanim 16:41; Yoma 55a] כאשר עשה לדם הפר: אחת למעלה ושבע למטה:
16And he shall effect atonement upon the Holy from the defilements of the children of Israel and from their rebellions and all their unintentional sins. He shall do likewise to the Tent of Meeting, which dwells with them amidst their defilements. טזוְכִפֶּר עַל הַקֹּדֶשׁ מִטֻּמְאֹת בְּנֵי יִשְׂרָאֵל וּמִפִּשְׁעֵיהֶם לְכָל חַטֹּאתָם וְכֵן יַעֲשֶׂה לְאֹהֶל מוֹעֵד הַשֹּׁכֵן אִתָּם בְּתוֹךְ טֻמְאֹתָם:
from the defilements of the children of Israel-: [i.e., atoning] for those who, while in [a state of] uncleanness, had entered the Sanctuary, and it never became known to them [that they had been unclean], for it says: לְכָלחַטֹּאתָם, חַטָּאַת denotes an unintentional sin. — [Torath Kohanim 16:42; Shev. 17b] מטמאת בני ישראל: על הנכנסין למקדש בטומאה ולא נודע להם בסוף, שנאמר לכל חטאתם, וחטאת היא שוגג:
and from their rebellions: [i.e., atoning] also [for] those who, in a state of uncleanness, willfully entered [the Sanctuary, thereby defiling it]. — [Torath Kohanim 16:42; Shev. 17b] ומפשעיהם: אף הנכנסין מזיד בטומאה:
He shall do likewise to the Tent of Meeting: i.e., just as he had sprinkled from [the blood of] both [the bull and the he-goat] inside [the Holy of Holies, with] one sprinkling above and seven below, so shall he sprinkle from [the blood of] both [the bull and the he-goat] on the dividing curtain from the outside once above and seven times below. — [Torath Kohanim 16:43; Yoma 56b] וכן יעשה לאהל מועד: כשם שהזה משניהם בפנים אחת למעלה ושבע למטה, כך מזה על הפרוכת מבחוץ משניהם אחת למעלה ושבע למטה:
which dwells with them, [even] amidst their defilements: Although they are unclean, the Divine Presence is among them. — [Torath Kohanim 16:43; Yoma 56b] השכן אתם בתוך טמאתם: אף על פי שהם טמאים שכינה ביניהם:
17And no man shall be in the Tent of Meeting when he comes to effect atonement in the Holy, until he comes out. And he shall effect atonement for himself, for his household, and for all the congregation of Israel. יזוְכָל אָדָם לֹא יִהְיֶה | בְּאֹהֶל מוֹעֵד בְּבֹאוֹ לְכַפֵּר בַּקֹּדֶשׁ עַד צֵאתוֹ וְכִפֶּר בַּעֲדוֹ וּבְעַד בֵּיתוֹ וּבְעַד כָּל קְהַל יִשְׂרָאֵל:
18And he shall then go out to the altar that is before the Lord and effect atonement upon it: He shall take some of the bull's blood and some of the he goat's blood, and place it on the horns of the altar, around. יחוְיָצָא אֶל הַמִּזְבֵּחַ אֲשֶׁר לִפְנֵי יְהוָֹה וְכִפֶּר עָלָיו וְלָקַח מִדַּם הַפָּר וּמִדַּם הַשָּׂעִיר וְנָתַן עַל קַרְנוֹת הַמִּזְבֵּחַ סָבִיב:
to the altar that is before the Lord: This is the golden altar, which is “before the Lord” in the heichal [i.e., in the Temple, it was in the heichal , was the equivalent of the Holy in the Mishkan]. And [since the Kohen Gadol was to remain inside the Holy for the next procedure,] what does Scripture mean when it says, “And he shall then go out?” Since he had just performed the blood sprinklings on the dividing curtain, standing on the inner side of the altar to sprinkle [i.e., between the altar and the dividing curtain], for the applications on the altar, [Scripture] required him to “go out” to the outer side of the altar and to begin with the north-eastern corner. — [Torath Kohanim 16:45; Yoma 58b. See Mizrachi , Gur Aryeh. Also Chavel, who asserts that, according to the Reggio edition of Rashi, the Kohen Gadol did not stand beyond the altar, but alongside it, from where he commenced to apply the blood from the north-eastern corner.] אל המזבח אשר לפני ה': זה מזבח הזהב שהוא לפני ה' בהיכל. ומה תלמוד לומר ויצא, לפי שהזה ההזאות על הפרוכת ועמד מן המזבח ולפנים והזה, ובמתנות המזבח הזקיקו לצאת מן המזבח ולחוץ, ויתחיל מקרן מזרחית צפונית:
and effect atonement upon it: And what is the [procedure that effects the] atonement? [As the verse continues:] “He shall take some of the bull’s blood and some of the he-goat’s blood,” one mingled with the other. — [Torath Kohanim 16:46; Yoma 57b] וכפר עליו: ומה היא כפרתו, ולקח מדם הפר ומדם השעיר, מעורבין זה לתוך זה:
19He shall then sprinkle some of the blood upon it with his index finger seven times, and he shall cleanse it and sanctify it of the defilements of the children of Israel. יטוְהִזָּה עָלָיו מִן הַדָּם בְּאֶצְבָּעוֹ שֶׁבַע פְּעָמִים וְטִהֲרוֹ וְקִדְּשׁוֹ מִטֻּמְאֹת בְּנֵי יִשְׂרָאֵל:
He shall then sprinkle some of the blood upon it: After he has applied the blood with his index finger on its horns, he shall then sprinkle seven sprinklings on its top. והזה עליו מן הדם: אחר שנתן מתנות באצבעו על קרנותיו, מזה שבע הזאות על גגו:
and he shall cleanse it: from any [defilements] that had occurred in the past, וטהרו: ממה שעבר:
and sanctify it: for the future. — [Torath Kohanim 16:48] [According to Mizrachi, this means that now that the altar had been purified from past defilements, care would be taken not to defile this now pure altar. Maskil LeDavid explains that, after the altar was cleansed of its previous defilements, it had to be resanctified for future use. This the Kohen Gadol would effect. Raavad explains that, by cleansing it of its defilements, he would sanctify it for future use.] וקדשו: לעתיד לבא:
20And he shall finish effecting atonement for the Holy, the Tent of Meeting, and the altar, and then he shall bring the live he goat. כוְכִלָּה מִכַּפֵּר אֶת הַקֹּדֶשׁ וְאֶת אֹהֶל מוֹעֵד וְאֶת הַמִּזְבֵּחַ וְהִקְרִיב אֶת הַשָּׂעִיר הֶחָי:
21And Aaron shall lean both of his hands [forcefully] upon the live he goat's head and confess upon it all the willful transgressions of the children of Israel, all their rebellions, and all their unintentional sins, and he shall place them on the he goat's head, and send it off to the desert with a timely man. כאוְסָמַךְ אַהֲרֹן אֶת שְׁתֵּי יָדָיו (כתיב ידו) עַל רֹאשׁ הַשָּׂעִיר הַחַי וְהִתְוַדָּה עָלָיו אֶת כָּל עֲוֹנֹת בְּנֵי יִשְׂרָאֵל וְאֶת כָּל פִּשְׁעֵיהֶם לְכָל חַטֹּאתָם וְנָתַן אֹתָם עַל רֹאשׁ הַשָּׂעִיר וְשִׁלַּח בְּיַד אִישׁ עִתִּי הַמִּדְבָּרָה:
with a timely man: Heb. אִישׁ עִתִּי, one who had been prepared for this from the day before. — [Torath Kohanim 16:60; Yoma 32a] איש עתי: המוכן לכך מיום אתמול:
22The he goat shall thus carry upon itself all their sins to a precipitous land, and he shall send off the he goat into the desert. כבוְנָשָׂא הַשָּׂעִיר עָלָיו אֶת כָּל עֲוֹנֹתָם אֶל אֶרֶץ גְּזֵרָה וְשִׁלַּח אֶת הַשָּׂעִיר בַּמִּדְבָּר:
23And Aaron shall enter the Tent of Meeting and remove the linen garments that he had worn when he came into the Holy, and there, he shall store them away. כגוּבָא אַהֲרֹן אֶל אֹהֶל מוֹעֵד וּפָשַׁט אֶת בִּגְדֵי הַבָּד אֲשֶׁר לָבַשׁ בְּבֹאוֹ אֶל הַקֹּדֶשׁ וְהִנִּיחָם שָׁם:
And Aaron shall come into the Tent of Meeting: Our Rabbis stated (Torath Kohanim 16:60; Yoma 32a) that this is not the [correct chronological] place for this verse, and they gave a reason for this in Tractate Yoma (32a). And they said: “This whole passage is in correct chronological order, except for this entry, for this followed the performance of his burnt offering and the people’s burnt offering, and the burning of the sacrificial parts of the bull and the he-goat, which were performed outside [the Holy of Holies, with the Kohen Gadol attired] in golden garments. Then he would immerse himself, sanctify [his hands and feet with water from the washstand], remove them [his golden garments], don his white garments”- ובא אהרן אל אהל מועד: אמרו רבותינו, שאין זה מקומו של מקרא זה, ונתנו טעם לדבריהם במסכת יומא (דף לב א) ואמרו כל הפרשה כולה אמורה על הסדר, חוץ מביאה זו, שהיא אחר עשיית עולתו ועולת העם והקטרת אימורי פר ושעיר שנעשים בחוץ בבגדי זהב, וטובל ומקדש ופושטן ולובש בגדי לבן:
and…shall come into the Tent of Meeting: to take out the spoon and the pan, with which he had caused the incense to go up in smoke in the inner Holy. [Then,] ובא אל אהל מועד: להוציא את הכף ואת המחתה שהקטיר בה הקטרת לפני ולפנים:
[Aaron shall…] remove the linen garments: After he took them [the spoon and the pan] out, and then he would don his golden garments the afternoon תָּמִיד [i.e., the daily burnt offering sacrificed twice every day]. The following, [therefore,] is the order of the services: 1) The morning תָּמִיד in golden garments; 2) the service involving the bull and he-goat whose blood was sprinkled inside [the Holy] and the incense procedure [with the burning coals] in the pan, in white garments. 3) Then, his ram, the people’s ram and some of the additional sacrifices [of the day (see Num. 29:7-11)] in golden garments; 4) then, the removal of the spoon and the pan in white garments; 5) the remainder of the additional sacrifices, the afternoon תָּמִיד, and the incense procedure in the heichal upon the inner altar in golden garments. Hence, the [chronological] sequence of the verses, corresponding to [the chronological order of] the services is as follows: (Verse 22), “and he shall send off the he-goat into the desert”; then (verse 24),“And he shall immerse his flesh…He shall then go out and sacrifice his burnt offering…”; then (verse 25),“the fat of the sin-offering…”; then the remainder of this passage, up till (verse 26),“And after this, he may come into the camp”; only then [comes our verse 23 into the chronological sequence,] “And Aaron shall enter [the Tent of Meeting, and remove the linen garments],” ופשט את בגדי הבד: אחר שהוציאם ולובש בגדי זהב לתמיד של בין הערבים. וזהו סדר העבודות תמיד של שחר בבגדי זהב, ועבודת פר ושעיר הפנימים וקטרת של מחתה בבגדי לבן, ואילו ואיל העם ומקצת המוספין בבגדי זהב, והוצאת כף ומחתה בבגדי לבן, ושעירי [ושיירי] המוספין ותמיד של בין הערבים וקטורת ההיכל שעל מזבח הפנימי בבגדי זהב. וסדר המקראות לפי סדר העבודות כך הוא ושלח את השעיר במדבר, ורחץ את בשרו במים וגו' ויצא ועשה את עולתו וגו' ואת חלב החטאת וגו'. וכל הפרשה עד ואחרי כן יבא אל המחנה, ואחר כך ובא אהרן:
and there, he shall store them away: This teaches [us] that they require being stored away [forever], and he shall not use those four garments for any other Yom Kippur. — [Torath Kohanim 16:61; Yoma 12b] והניחם שם: מלמד שטעונין גניזה, ולא ישתמש באותן ארבעה בגדים ליום כפורים אחר:
24And he shall immerse his flesh in a holy place and don his garments. He shall then go out and sacrifice his burnt offering and the people's burnt offering, and he shall effect atonement for himself and for the people. כדוְרָחַץ אֶת בְּשָׂרוֹ בַמַּיִם בְּמָקוֹם קָדוֹשׁ וְלָבַשׁ אֶת בְּגָדָיו וְיָצָא וְעָשָׂה אֶת עֹלָתוֹ וְאֶת עֹלַת הָעָם וְכִפֶּר בַּעֲדוֹ וּבְעַד הָעָם:
And he shall immerse his flesh…: Above (see Rashi verse 4), we learned from “he shall immerse in water and then don them,” that when he changes from golden garments to white garments, he is required to immerse himself, for with that immersion, he removed the golden garments, with which he had performed the service of the morning תָּמִיד, and subsequently changed into white garments, to perform the service of the day (see verse 4). Here, we learn that when he changes from white garments to golden garments, he [also] is required to immerse [in a mikvah]. — [Torath Kohanim 16:60; Yoma 32a] ורחץ את בשרו וגו': למעלה למדנו מורחץ את בשרו ולבשם (פסוק ד), שכשהוא משנה מבגדי זהב לבגדי לבן טעון טבילה, שבאותה טבילה פשט בגדי זהב שעבד בהן עבודת תמיד של שחר ולבש בגדי לבן לעבודת היום, וכאן למדנו שכשהוא משנה מבגדי לבן לבגדי זהב טעון טבילה:
in a holy place: sanctified with the [degree of] holiness of the Courtyard [of the Holy Temple], and it was on the roof of [a chamber in the Holy Temple, called] Beth HaParvah. And so were [all] four immersions which were obligatory for the day, except for the very first immersion, which was performed in an unsanctified [place because this immersion, in preparation to sacrifice the morning תָּמִיד, took place every day and was not, therefore, specific to the Yom Kippur service]. — [Torath Kohanim 16:62; Yoma 30a] במקום קדוש: המקודש בקדושת עזרה והיא היתה בגג בית הפרוה, וכן ארבע טבילות הבאות חובה ליום, אבל הראשונה היתה בחול:
and don his garments: [meaning “his” regular] eight garments, in which he officiates all the days of the year. ולבש את בגדיו: שמנה בגדים שהוא עובד בהן כל ימות השנה:
He shall then go out: of the heichal, to the Courtyard in which the altar for burnt offerings was located. ויצא: מן ההיכל אל החצר שמזבח העולה שם:
and sacrifice his burnt offering: namely, the ram for a burnt offering, stated above (verse 3), [when Scripture says there,] “Aaron shall come with this…,” ועשה את עלתו: איל לעולה האמור למעלה (פסוק ג) בזאת יבא אהרון וגו':
and the people’s burnt offering: namely, “and one ram for a burnt offering,” stated above (verse 5), [when Scripture says,] “And from the community of the children of Israel….” ואת עלת העם: ואיל אחד לעולה האמור למעלה (פסוק ה) ומאת עדת בני ישראל וגו':
Daily Tehillim: Psalms Chapters 39 - 43
• Chapter 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Tanya: Likutei Amarim, beginning of Chapter 45• Lessons in Tanya
• Sunday, Iyar 7, 5775 · April 26, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 45
In the previous chapters the Alter Rebbe explained how a Jew can perform Torah andmitzvot “with his heart” — with a love and fear of G‑d. When a Jew is motivated by love and by a desire to cleave to the Almighty, his Torah and mitzvot will then surely be lishmah, i.e., with the most purely focused intentions. This, in turn, will add vitality to his endeavors. It is also possible, as explained in the previous chapter, that his love for G‑d is such that he is motivated in his Torah and mitzvot by the desire to cause G‑d gratification, just as a son strives to do all he possibly can for his father, so that his father may derive pleasure from his actions.
Love and fear of G‑d stem from the two attributes of kindness (Chesed) and severity(Gevurah).1 The attribute of kindness and love is that exemplified by our forefather Abraham, who is described (Yeshayahu 41:8) as “Abraham who loves me.” The attribute of severity and fear is that of our forefather Isaac; the Patriarch Jacob refers to the G‑d of his father (Bereishit31:42) as the “Fear of Isaac.”
In the chapter that follows the Alter Rebbe describes yet another manner of attaining the level of lishmah, of performing Torah and mitzvot with the innermost feelings of one’s soul. This approach consists of utilizing the third of the primary spiritual emotions, namely, compassion — the attribute of Tiferet (lit., “beauty”), which is the distinctive characteristic of our forefather Jacob — as follows. Before engaging in Torah and mitzvot a Jew should arouse in his mind the attribute of compassion for the divine spark of his soul. For the soul had to descend from its source, from the most lofty of spiritual heights, to the nethermost level, in order to garb itself in a body whose life-force derives from kelipot, and is as distant as possible from G‑d. This is all the more so if the individual caused the “Exile of the Shechinah” through improper thoughts, speech or deeds. With this sense of spiritual compassion he should study Torah and perform mitzvot, for they enable the soul, with the Divine spark that animates it, to return to its source in the blessed Ein Sof.
עוד יש דרך ישר לפני איש לעסוק בתורה ומצות לשמן
There is yet another direct path open to man, namely, to occupy himself with Torah and mitzvot that are lishman (lit., “for their own sake”), with the innermost feelings of heart and soul,
על ידי מדתו של יעקב אבינו, עליו השלום, שהיא מדת הרחמים
through the attribute of our forefather Jacob, peace unto him, this being the attribute of mercy.
לעורר במחשבתו תחלה רחמים רבים לפני ה׳
This is accomplished by first arousing in his mind i.e., before his performance of Torah and mitzvot, great compassion before G‑d,
על ניצוץ אלקות המחיה נפשו, אשר ירד ממקורו, חיי החיים, אין סוף ברוך הוא
for the Divine spark which animates his divine soul that has descended from its source, the Life of life, the blessed Ein Sof,
הממלא כל עלמין וסובב כל עלמין
Who pervades all worlds and animates them with a vitality which is enclothed in and compatible with the created beings and encompasses all worlds and animates them with a vitality that transcends created beings and affects them from without, as it were,
וכולא קמיה כלא חשיב
and in comparison with Whom everything is accounted as nothing,
This then, is the exalted level from which the soul has descended,
ונתלבש במשכא דחויא
and has been clothed in the body which is called2 “a serpent’s skin,”
The body is referred to as a skin, since it serves as a garment to the soul, as the verse states (Iyov 10:11), “You have garbed me with skin and flesh.” This is moreover the skin of a “snake”, since the body in its unrefined state is loathesome, as explained in ch. 31.3 The Divine spark must enter into such a body,
הרחוק מאור פני המלך בתכלית ההרחק
which is far removed from the light of the King’s countenance, at the greatest possible distance,
כי העולם הזה הוא תכלית הקליפות הגסות
since this world is the nadir of the coarse kelipot, i.e., this world is coarser than the coarsest of kelipot found in the spiritual worlds,
כו׳
etc. The Rebbe notes that this word alludes to ch. 36, where the Alter Rebbe concludes that this world is “lowest in degree; there is none lower than it in terms of concealment of His light; [a world of] doubled and redoubled darkness, so much so that it is filled with kelipot and sitra achra, which actually oppose G‑d.”
Since the Divine spark of the soul is clothed in a body which is animated by the kelipat nogah of this world, it is removed at the farthest possible distance from G‑d. This descent in itself would suffice to arouse compassion for the Divine spark of the soul, even when the person has transgressed neither in action nor in speech nor even in thought.
ובפרט כשיזכור על כל מעשיו ודבוריו ומחשבותיו מיום היותו, אשר לא טובים המה
And especially will he feel great compassion for his soul when he recalls all his actions and utterances and thoughts since the day he came into being, unworthy as they were,
ומלך אסור ברהטים, רהיטי מוחא
and the King of the world is thereby4 “fettered by the tresses,” i.e.,5 “by the impetuous thoughts of the brain”; G‑d is, so to speak, “fettered” by his impetuous thoughts,
כי יעקב חבל נחלתו
for6 “Jacob — an appellation for the Jewish people — is the rope of His inheritance,”
The word chevel, usually translated as “lot” (i.e., a tract of land), is here interpreted by its alternative meaning of “rope”. When a rope has one end tied above, tugging at the lower end will draw down the upper end as well. The upper extremity of a Jew’s soul is likewise bound to its source in the blessed Ein Sof, while at its lower extremity it is enclothed in the body. When the lower extremity of the soul is dragged into spiritual exile through wrongful action, speech or thought, this has a corresponding effect upon the upper reaches of the soul which are bound Above.
וכמשל המושך בחבל
as in the above illustration of one pulling a rope,
וכו׳
and so forth. The Rebbe notes that this phrase may allude to Iggeret HaTeshuvah, ch. 5, where this matter is explained at length.
והוא סוד גלות השכינה
This is the esoteric doctrine of the “Exile of the Shechinah.”
A Jew’s sin causes his soul to be exiled within the domain of the kelipot. This in turn (so to speak) exiles the Shechinah, the source of his soul, too. Pondering this matter will awaken within a Jew a profound feeling of compassion for his soul and for its source. This compassion, as the Alter Rebbe will now point out, should be utilized in one’s study of Torah and performance of mitzvot. This will elevate his soul, enabling it to reunite with its source, the blessed Ein Sof.
ועל זה נאמר: וישוב אל ה׳ וירחמהו
Concerning this matter, that the pity is all the greater since even the soul’s source is in exile,it is written:7 “And let him return to G‑d, and have mercy upon Him,”
לעורר רחמים רבים על שם ה׳ השוכן אתנו, כדכתיב: השוכן אתם בתוך טומאתם
arousing great compassion towards the Divine Name Who dwells among us, as it is written:8 “Who dwells among them in the midst of their uncleanness.”
Even when Jews are (heaven forfend) in an unclean spiritual state, the Divine Name dwells among them. This arousal of compassion towards the Divine Name is what is alluded to in the previous phrase: “And let him return to G‑d,” the stimulus for his repentance being one’s “mercy upon Him,” i.e., the Divine Name, the source of Jewish souls, inasmuch as Jews are part of the Divine Name.
| FOOTNOTES | |
| 1. | “Love is internal and kindness is external. So, too, with regard to fear and severity [— the former is internal; the latter, external], as explained in Iggeret HaKodesh, Epistle 15, p. 123a.” (— Note of the Rebbe.) |
| 2. | As mentioned earlier, in ch. 31, quoting the Zohar. |
| 3. | We find in Etz Chayim that the body is called a “serpent’s skin” because the three totally impure kelipot are referred to as a “snake”. Kelipat nogah, from whence the body derives its life-force, is accordingly termed a “serpent’s skin.” The Rebbe says that it is illogical to suppose that this is the reason why the Alter Rebbe refers here to the body by this expression. For since here he is stressing the lowliness of the body, it would be inappropriate to refer only to the skin of the serpent and not to the serpent itself. The Rebbe therefore interprets “serpent’s skin” as explained in the text. |
| 4. | Shir HaShirim 7:6. |
| 5. | Addenda to Tikkunei Zohar, Tikkun 6. (— Note of the Rebbe). |
| 6. | Devarim 32:9. |
| 7. | Yeshayahu 55:7. |
| 8. | Vayikra 16:16. |
• Sefer Hamitzvos:
Sunday, Iyar 7, 5775 · April 26, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 127
The First Tithe
"But the tithes of the Children of Israel which they offer to G‑d as a gift..."—Numbers 18:24.
We are commanded to separate a tenth of our crops and give it to a Levite.
This biblical precept only applies in the Land of Israel.
The First Tithe
The First Tithe
Positive Commandment 127
Translated by Berel Bell
The 127th mitzvah is that we are commanded to separate ma'aser from produce which grows from the ground.
The source of this commandment is G‑d's statement,1 "[The inheritance I am giving the Levites shall consist of] the ma'aser of the Jewish people which they shall separate."
The verse itself explains that ma'aser is given to the Levites.
The details of this mitzvah are explained in tractate Ma'aseros.
This is called ma'aser rishon, and is a Biblical requirement only in Eretz Yisroel.2
FOOTNOTES
1.Lev. 27:30.
2.By Rabbinic law, ma'aser must be given from some lands which surround Eretz Yisroel. See Hilchos Terumos, 1:1.
Shabbos - Chapter Twenty Five
Halacha 1
There are utensils that are used for permitted purposes - i.e., a utensil that may be used on the Sabbath for the same purpose for which it is used during the week - e.g., a cup to drink from, a bowl to eat from, a knife to cut meat or bread, a hatchet to crack open nuts,1 and the like.
Halacha 2
There are utensils that are used for forbidden purposes - i.e., a utensil that is forbidden to be used on the Sabbath for the same purpose that it is [ordinarily] used - e.g., a grinder, a mill, and the like - for it is forbidden to crush or grind on the Sabbath.
Halacha 3
All utensils used for purposes that are permitted may be carried on the Sabbath, whether they are made of wood, earthenware, stone, or metal. [They may be moved] for the sake of the utensil, for the use of the place [it occupies], or to use it [for a purpose that is permitted].2
All utensils used for purposes that are forbidden, whether they are made of wood, earthenware, stone, or metal may be moved [with certain restrictions]. [Such a utensil may be moved] for the use of the place [it occupies], or to use it [for a purpose that is permitted]. It is, however, forbidden [to move it] for its own sake.3
Halacha 4
What is implied? One may move a wooden bowl to eat from it, to sit in the place [where it is located], or so that it will not be stolen. The latter is [what is meant by the expression] "for the sake of [the utensil] itself."
Similarly, [a utensil] may be taken out of the sun so that it will not become parched and break. It may also be removed from the rain so that it will not become saturated with water and deteriorate. These are considered "for the sake of [the utensil] itself" and are permitted, since the tasks performed with this utensil are permitted.
Halacha 5
Similarly, one may move a mill or a grinder4 in order to crack nuts open on it5 or to climb up to a couch on it. This is [what is meant by the expression] "to use it [for a purpose that is permitted]."
[Similarly, one may move it] to sit in the place where it is located. One may not, however, move it so that it will not break, so that it will not be stolen, or the like.
Halacha 6
Any entity that is not a utensil - e.g., stones, money, rods, beams, and the like - is forbidden to be carried.6 [Nevertheless,] even a large stone or a large beam that requires ten people to carry it, if it is deemed a utensil7 it may be carried.8
Halacha 7
It is permitted to carry a utensil to perform tasks other than those for which it is intended to be used. What is implied? One may take a hammer to crack nuts, a hatchet to cut a dried fig, a saw to cut cheese, a rake to collect dried figs, a winnowing shovel or a pitchfork to feed a child, a spindle or a weaver's shuttle to pierce with, a sack-maker's needle to pick a lock,13 or a mill-stone to sit on.14The same principle applies in other similar situations.
Halacha 8
Halacha 9
Whenever a person is careful [not to use] a utensil lest its value depreciate - e.g., utensils that are set aside as merchandise,18 or very expensive utensils of which one is extremely careful lest they spoil - carrying it is forbidden on the Sabbath.19 This [category] is referred to as muktzeh [lest] financial loss [be caused].
[Included in this category are] a large saw, the knife-like point of a plow, a butcher's knife, a leather-worker's knife, a carpenter's plane, a perfume-maker's mortar,20 and the like.
Halacha 10
All utensils that were set aside because of [an association with] a prohibited [activity] are forbidden to be carried. For example, it is forbidden [to move] a lamp that was kindled for the Sabbath,21 a candelabra upon which a lamp was placed, or a table on which money was lying.22
[Moreover,] even if the candle is extinguished or if the money falls, [the prohibition remains intact]. Whenever an article is forbidden to be carried beyn hash'mashot [on Friday], it remains forbidden to be carried throughout the entire Sabbath23, even though the factor that caused it to become forbidden is no longer present.
Halacha 11
Halacha 12
The doors of any utensil28 that may be carried on the Sabbath - e.g., the doors of a box, a chest, or a cabinet - may themselves be carried [on the Sabbath], regardless of whether they were removed on the Sabbath or before the Sabbath.29
Similarly, whenever a utensil that can be carried on the Sabbath breaks, whether before the Sabbath or on the Sabbath,30 its broken pieces may be carried on the Sabbath, provided these pieces can be used for a purpose that resembles the purpose for which they could be used [originally].31
What is implied? The broken pieces of a kneading trough can be used to cover the opening of a jug. Broken pieces of glass can be used to cover the opening of a flask. The same rules apply in other similar situations. If, by contrast, the broken pieces are unfit for any purposeful use, it is forbidden to carry them.32
Halacha 13
All the covers of utensils may be carried on the Sabbath, provided they, themselves, are considered to be utensils.33
[The following rules apply regarding] utensils that are attached to the ground - e.g., a barrel imbedded in the earth:34If its cover has a handle, it may be carried. If not, it may not be carried. Similarly, the coverings of cisterns and ditches should not be carried35 unless they have a handle.36 The covering of an oven [by contrast] may be carried, even though it does not have a handle.37
Halacha 14
[The following rules apply when] there are two entities, one permitted to be carried and one forbidden to be carried - one adjacent to the other, one on top of the other, or one within the other - and when one is moved the other will also be moved:38 If a person requires the article that is permitted [to be carried], he may move it, even though the forbidden article is drawn after it. If he requires to move the forbidden article, he should not move it by moving the permitted article.
Halacha 15
What is implied? When a fig39 is buried in straw40 or a cake is lying upon coals, one may pierce them with a spindle or a weaver's shuttle and remove them, even though the straw or the coals41 will be moved on the Sabbath when one removes them.
Similarly, if a turnip or a radish42 is buried in [loose] earth and a portion of its leaves is protruding,43 one may pull out [the vegetables] on the Sabbath, even though the earth is dislodged. Conversely, however, if a loaf of bread or a child is [located] on a stone or beam, one may not carry the stone or beam because of the child or the loaf of bread.44 Similar rules apply in other analogous situations.
Halacha 16
A person may pick up his son if [the son] yearns for [his father],45 despite the fact that the son is holding a stone.46This, however, is not [permitted] if [the son] is holding a dinar,47 lest it fall and the father [pick it up and] carry it.48
When a basket has a hole and a stone has been used to plug the hole,49 [the basket] may be carried, because the stone is considered as its wall.
[The following rules apply when] a basket is filled with fruit and a stone [is discovered] among the fruit:50 If the fruit is soft - e.g., grapes or berries - the basket may be carried as it is.51 If one spills out the fruit, it would be spoiled by the earth, and [our Sages] did not [apply] their decree in an instance where a loss would be caused.52
Halacha 17
When a person forgets a stone on the opening of a jug, he may tilt the jug to the side [so that the stone] falls.53 If the jug with the stone upon it is standing among other jugs,54 it should be lifted to another place, and then tilted to the side [so that the stone] falls. Similarly, if one forgets money on a pillow that one needs, one may shake the pillow [so that the money] falls.55 If one needs [to use] the place where the pillow [is located], one may remove the pillow [although] the money is upon it.
Halacha 18
[The following rule applies to] a stone that is placed in an earthenware59 bucket [as a weight]:60 If it does not fall out when one draws water [with the bucket], it is considered part of the bucket and one is permitted to draw water with it. If not, one may not draw water with it.61 A garment that is [hanging] on a reed62may be slipped off the reed.63
Halacha 19
It is forbidden to carry produce that is forbidden to eat - e.g., produce that has not been tithed, even if the obligation to tithe is only Rabbinic,64 produce separated as the first tithe, from which terumat [ma'aser] has not been separated,65terumah that has contracted ritual impurity,66 produce separated as the second tithe67 or produce that has been consecrated68 and has not been redeemed.
Halacha 20
An Israelite is allowed to carry terumah, even though it is not appropriate for him. One may carry terumah that has contracted ritual impurity together withterumah that is pure, or together with ordinary produce, if both of them are contained in a single receptacle.71
When does the above apply? When the pure terumah is below [the impure],72and the [terumah consists of] produce that would be soiled by the ground. Thus, if the container were overturned, it would be spoiled. If, by contrast, the produce is nuts, almonds, or the like, one must overturn the container, take theterumah and the ordinary produce, and leave the impure [terumah].
If one requires the place where the container is located, one may take all the produce at once, regardless of whether the pure [terumah] is located at the top or at the bottom.
Halacha 21
[The following rules apply when] a person has in mind [to sit on] a row of stones73 before the commencement of the Sabbath: If he prepares them,74 he is permitted to sit on them on the morrow; if not, that is forbidden.75
When a person gathers the branches of a date palm [to use as kindling] wood, but changes his mind on Friday and decides to use them to sit on [in place of mats], he is allowed to carry them.76 Similarly, if he actually sat upon them77before the commencement of the Sabbath, it is permitted to carry them.
Halacha 22
One may not move straw that is on a bed with one's hands;78one may, however, move it with one's body.79 [Moreover,] if it is [useful as] animal fodder, one is permitted to carry it [by hand]. Similarly, if a pillow or a sheet is placed upon it, it is considered as if one had sat on it before the commencement of the Sabbath,80 and one may move it by hand.
Halacha 23
It is forbidden to negate the possibility of using a utensil, since this is comparable to destroying [it]. What is implied? A person should not place a receptacle below a lamp on the Sabbath to receive any oil that drips. For the oil in the lamp is forbidden to be carried, and when it falls into the receptacle it will cause the receptacle that had been permitted to become forbidden.84 The same applies in all analogous situations.
For this reason, a receptacle may not be placed below a chicken to receive the eggs it lays.85 One may, however, cover [the eggs] with an [overturned] utensil.86 Similarly, one may use an overturned utensil to cover any article that is forbidden to be carried, for by doing so one has not negated its use.87 Should one desire to take [the overturned article], one may.
Halacha 24
One may place a receptacle under dripping water88 to collect it.89 If the receptacle becomes full, one may pour out the water and return [the receptacle to its place] without hesitation.90
[The above applies] only when the dripping water is fit to use for bathing.91 If the water is not fit [for washing], one should not place a receptacle there.92[Nevertheless, after the fact,] should one have placed a receptacle there, one may carry it together with the repulsive water it contains.93 [The reason for the restriction against placing the receptacle there is] that we do not create a repulsive situation94 at the outset.95
Halacha 25
Should a barrel containing [wine or oil] that is tevel,96 be broken [on the Sabbath], one may bring a receptacle and place it under [the barrel]. [By doing so, one is not considered to have nullified the possibility of using the receptacle,] since were one to transgress and separate [the terumah and tithes as required], the produce would be permitted for use.97.
A receptacle may be placed below a candle to collect the sparks that fall, for [the sparks] have no substance. In such an instance, it is permissible to move the receptacle.98
When a beam breaks, we should not support it with a bench or a bed post99unless there is ample space [between the beams] and one can remove [the bench or the bed post] whenever one desires,100 so that one will not nullify a utensil from the possibility of being used.
One may spread a mat over stones or over a beehive on the Sabbath in the summer, [as protection] from the sun, and in the rainy season, [as protection] from the rain, provided that one has no intention of snaring [the bees].101 [By doing so, one is not considered to have nullified the possibility of using the receptacle] because one may remove [the mat] whenever one desires.
Halacha 26
[The following rules apply when] an animal falls into a cistern or into a water conduit [from which it cannot ascend on its own]: If one can supply it with its needs while it is there, one should do so until Saturday night. If not, one may bring cushions and blankets and place them beneath it. If this [enables the animal] to ascend, there is no difficulty. Although one is nullifying the possibility of using a utensil - for one is throwing it into a cistern [filled with] water105 - [our Sages did] not institute a decree [in this instance], because of the suffering [the] animal endures.
[Regardless of the circumstances,] it is forbidden to lift the animal up by hand.106 Similarly, one may not lift up an animal, beast, or fowl in a courtyard.107 One may, however, push them until they enter.
One may support108 calves and ponies as they walk. One may not, however, hold a chicken that fled [as one directs] it [to return to its coop]. [This prohibition was instituted] because [the chicken tries] to free itself from [the person's] hand, and [in the process, causes] its wings to be torn off.109 One may, however, push it until it enters [its coop].
| FOOTNOTES | |
| 1. |
In many manuscript copies of the Mishneh Torah, the text reads "a hammer to crack open nuts." A blacksmith's hammer is considered as a utensil that is used for purposes that are forbidden (see Halachah 7). Nevertheless, a hammer specifically used to crack nuts is placed in a different category. The need to make this distinction is avoided by our version of the text which refers to a hatchet.
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| 2. |
As mentioned in the conclusion of the previous chapter, the Maggid Mishneh interprets the Rambam's statements as meaning that we are not allowed to carry a utensil for no purpose at all, even one that is generally used for a permitted purpose. This law is quoted by the Shulchan Aruch (Orach Chayim 308:4).
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| 3. |
There are, however, several leniencies suggested by the later authorities - e.g., using such a utensil for a permitted purpose and then placing it down where one desires (Shulchan Aruch HaRav 308:12; Mishnah Berurah 308:16). Alternatively, one may move it with one's feet or in a manner that is considered irregular (Shulchan Aruch HaRav 308:15).
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| 4. |
I.e., utensils that are used for a forbidden purpose, as mentioned in Halachah 2.
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| 5. |
After one picks up such a utensil and uses it for a permitted purpose, one may continue carrying it and place it wherever one desires (Maggid Mishneh).
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| 6. |
They may not be moved at all, even if one desires to use them for a purpose that is permitted, or one requires the place that they are occupying (Ramah, Orach Chayim 308:7).
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| 7. |
I.e., as indicated in the subsequent halachot, if a person set aside or prepared a stone or board for a specific purpose, it is considered a utensil and may be moved on the Sabbath.
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| 8. |
No matter how large a utensil is, it is permitted to be carried it on the Sabbath if one would ordinarily carry such a utensil during the week (Shulchan Aruch, Orach Chayim 308:2). (See, however, Chapter 26, Halachah 11, and notes.)
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| 9. |
Shabbat 122b differentiates between the doors of a chest - which are permitted to be carried if removed on the Sabbath (see Halachah 12) - and the doors of a house, which are not. The Rambam explains that the reason for this distinction is that, even though the doors of a house are considered utensils, it is unlikely that before the Sabbath commenced, one considered using them on the Sabbath. Therefore, they are considered muktzeh, as is explained in Halachah 9 and notes.
Rashi, by contrast, maintains that these doors are not utensils, and that is the reason it is forbidden to carry them.
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| 10. |
The Rambam uses the word "even" both here and in his Commentary on the Mishnah (Shabbat17:1). It would appear that his intent is that it is taken for granted that doors that were removed before the Sabbath and were not prepared to be used for another purpose may not be used on the Sabbath. Even doors that were removed on the Sabbath and had been used as doors on this Sabbath may not be carried if they are removed.
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| 11. |
See the Shulchan Aruch (Orach Chayim 311), which mentions certain leniencies regarding moving a corpse if one fears that it will begin to decompose.
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| 12. |
Yevamot 80b states that a child born after only eight months will surely die. Therefore, even while he is still living, it is forbidden to carry him on the Sabbath.
Tosafot, Shabbat 135a, states that this ruling is no longer followed, since at present it is impossible to determine exactly when a child was conceived. Therefore, we cannot be certain of the length of time the mother was pregnant. Furthermore, the advances in medical technology have enabled us to save the lives of many babies who would surely not have survived in previous generations. At present, it is a mitzvah to attempt to save the lives of all premature babies, even if doing so involves performing a forbidden labor on the Sabbath.
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| 13. |
Our translation of the above terms is based on the Rambam's Commentary on the Mishnah (Shabbat 17:2).
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| 14. |
Significantly, this is the only one of the examples given by the Rambam that is not mentioned in the Mishnah (op. cit.). The Rabbis cite Eruvin 102b or Shabbat 124b as possible sources.
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| 15. |
In his Commentary on the Mishnah (loc. cit.), the Rambam uses this statement as proof that there is no prohibition against removing a splinter on the Sabbath.
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| 16. |
Because it is no longer useful as a utensil (Shabbat 123a). Thus it resembles a stone which cannot be carried on the Sabbath. See Halachah 12.
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| 17. |
Since there are times when it is preserved in this state for the purpose of removing thorns and the like (Rashi, Shabbat, loc. cit.).
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| 18. |
Note Shulchan Aruch HaRav 308:3, which states that not all utensils that are set aside as merchandise are intended solely for that purpose. Many storekeepers consider making personal use of the wares in their shops. In such an instance, one would be allowed to move the article on the Sabbath.
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| 19. |
The word muktzeh means "set aside." Since a person would ordinarily have no thought of using such a utensil on the Sabbath, it is placed in this category. Even if he changes his mind afterwards and decides to use it on the Sabbath, this is forbidden. Since at the commencement of the Sabbath it was not his intent to use it, it may not be moved for the entire day.
The commentaries compare this law regarding merchandise to Chapter 26, Halachah 14, which states that food, even when set aside to be sold, is never considered muktzeh.
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| 20. |
All these utensils are used for professional purposes that are forbidden on the Sabbath. Since they are delicate instruments, their owners will not use them for other purposes, lest they become damaged.
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| 21. |
For these same reasons, it is forbidden to use the oil in the lamp, as stated in Chapter 5, Halachah 12.
It must be emphasized that, because the articles mentioned in this halachah were involved with the performance of a forbidden activity on the Sabbath itself, the prohibitions governing it are more severe than those applying to an article used for a forbidden labor. It is forbidden to move the articles mentioned in this halachah, even when it is necessary to use the place where they are located or one desires to use them for a permitted purpose.
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| 22. |
As evident from Halachah 17, the present halachah refers to an instance when money was intentionally placed on the table. If it was forgotten there, more lenient rules apply.
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| 23. |
Rashi, Beitzah 26b, derives this concept from Exodus 16:5, "On Friday, they will prepare what they have brought," which implies that the Sabbath preparations are completed on Friday, before the Sabbath's commencement. An article that is not prepared for use at that time may not be used throughout the Sabbath.
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| 24. |
Kerosene produces an unpleasant odor. Therefore, even a metal lamp that uses it for fuel is considered repulsive.
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| 25. |
This halachah grants permission to carry the repulsive article for other purposes. One is allowed to remove an article that contains filth from a room regardless, as stated in the Shulchan Aruch(Orach Chayim 279:6, 308:34-35).
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| 26. |
Although one would generally not think of using such a utensil because it is repulsive, since its use is not totally out of the question, it is not forbidden as muktzeh. According to the Shulchan Aruch (Orach Chayim 308:35), however, this leniency does not apply to a chamber pot. It is considered as too repulsive to use for other purposes.
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| 27. |
Note the gloss of Rabbi Akiva Eiger, which states that it appears that such entities may be moved only when one desires to use them for a purpose and not when one merely desires to use the place in which they are being kept. The Mishnah Beruah 279:19, however, differs and also permits moving the article when one desires to use its place.
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| 28. |
Compare to Halachah 6.
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| 29. |
The Merkevet HaMishneh notes that in this clause the Rambam mentions "before the Sabbath" after "on the Sabbath," because it is the greater inclusion. Since the doors were not fixed before the Sabbath, one might think that they are no longer considered part of a utensil, and hence it would be forbidden to carry them on the Sabbath. Nevertheless, since they are fit to be attached to their original utensil, they may be moved.
In the following clause, the Rambam mentions "on the Sabbath" after "before the Sabbath," because it is the greater inclusion, as explained in the following note.
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| 30. |
When an article breaks on the Sabbath and it is no longer fit to be used for its original purpose, there is a difficulty. There is a difference of opinion among the Sages whether an object that isnolad - i.e., "comes into existence initially" on the Sabbath - is permitted or not. Since it was on the Sabbath that it first became possible to use the broken pieces of the utensils for this new purpose, it is possible to consider them as nolad (Magen Avraham 308:14).
The prevailing view is that objects that are nolad are permitted to be moved on the Sabbath. They are, however, forbidden to be moved on a festival. Accordingly, if an article breaks on a festival, it would be forbidden to move its broken pieces even if they were fit to be used for a constructive (other than one resembling the article's original) purpose Shulchan Aruch HaRav308:24].
It must, however, be noted that the Magen Avraham's conception is not accepted by all authorities. Many maintain that since these pieces were always fit for use - either as part of the larger utensil or in their own right - they should not be considered nolad (Be'ur Halachah 308).
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| 31. |
Our translation follows the standard printed text of the Mishneh Torah, even though there appears to be a printing error. To explain: In the Mishnah (Shabbat 17:5), there is a difference of opinion between the Sages. The first opinion of the Mishnah states that the broken pieces of a utensil may be carried provided they can be used for any constructive purpose. Rabbi Yehudah differs and maintains that the broken pieces may be carried only when they can be used for a purpose that resembles the intent for which they had originally been used.
Although the wording of the standard printed text follows Rabbi Yehudah's opinion, the examples he gives and the continuation of the halachah follow the other view. Significantly, many manuscripts and early printings of the Mishneh Torah state "provided the pieces can be used for a constructive purpose."
Although the Baal Halachot Gedolot and other sages of the early generations follow Rabbi Yehudah's opinion, in the later generations almost all the authorities accept the other view.
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| 32. |
For they are no longer a utensil, and hence may not be carried, as stated in Halachah 6. Note the Ramah (Orach Chayim 308:6), who mentions that if the broken pieces of the utensil present a danger, they may be moved.
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| 33. |
With the latter clause, the Rambam excludes objects that were never used as the coverings of utensils before the Sabbath, nor were they prepared for to be used for this purpose. Furthermore, if it is not common practice to use an object for this purpose - e.g., a stone - it may not be moved on the Sabbath despite the fact that it was used as a covering several times during the week (Shulchan Aruch HaRav 308:36).
(See also Rashi (Shabbat 126b), who states that we may carry a cover only when it is fit to be used as a utensil in its own right. His opinion is not shared by other authorities.)
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| 34. |
According to the Maggid Mishneh, this refers to a utensil that is buried entirely within the ground and does not protrude at all. Since it is built in this manner, the Sages apply the laws governing pits and vats to it, lest people be unable to distinguish between them. If, however, a utensil that is attached to the ground projects from the ground, its cover does not require a handle, as will be explained (Shulchan Aruch, Orach Chayim 308:10).
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| 35. |
This refers to covers that are not attached with a hinge, as is obvious from Chapter 10, Halachah 14.
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| 36. |
By mentioning this law in this context, it would appear that the Rambam considers the rationale for the prohibition to be that without handles, the cover is not considered a utensil (Rav David Arameah).
Other authorities explain that when a cover lacks handles, its removal or placement resembles building. If, however, the cover has a handle, it is clearly distinguished as a separate entity that is intended to be handled (Shulchan Aruch HaRav 308:37; Mishnah Berurah 308:42). The Rambam touches on the latter prohibition, albeit in a slightly different manner, in Chapter 22, Halachah 25.
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| 37. |
In Talmudic times, an oven was a separate utensil whose base was attached to the ground, but which protruded from the ground entirely. Therefore, it could not be confused with a pit or a vat (Maggid Mishneh). As the structure of ovens has changed throughout the ages, there has also been a variation in the laws governing their covers.
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| 38. |
Based on Tosafot, Shabbat 43b, the Shulchan Aruch (Orach Chayim 311:8) describes these laws with the term טלטול מן הצד, "carrying in an indirect manner."
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| 39. |
An article that is permitted to be carried.
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| 40. |
An article that is forbidden to be carried, because it is used for construction. More precisely, the term פגה refers to an unripe fig that is placed in the straw to ripen.
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| 41. |
The commentaries question whether or not this refers to an instance where the coals are burning. Were the coals to be burning, there is the possibility that by removing the cake, one will extinguish the upper coals and cause the lower coals to burn. The Maggid Mishneh quotes Rashi (Eruvin 77a) as explaining that the coals have already been extinguished.
The Kessef Mishneh notes that the wording chosen by the Rambam differs slightly from that of the Talmud. The Talmud states "a cake buried in coals," while the Rambam speaks of a cake "lying on coals." Therefore, he maintains that the law stated by the Rambam applies even when the coals are burning.
Rabbenu Avraham, the Rambam's son (Birkat Avraham, Responsum 9), also shares that opinion, explaining that it is not absolutely necessary that the person will cause the coals to move, and this is not his intention. Therefore, there is no prohibition involved, as stated in Chapter 1, Halachah 5. (See also Hilchot Shegagot, Chapter 7.) Significantly, however, when Rav Yosef Karo mentions these laws in the Shulchan Aruch (Orach Chayim 311:9), he cites the example of the fig and the straw, but omits mention of the cake and the coals entirely.
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| 42. |
The Shulchan Aruch (Orach Chayim 311:8) emphasizes that this refers to an instance where the vegetables were placed in the earth for storage purposes and they had not yet become rooted there. Were they to have taken root in the earth, it would be forbidden to remove them.
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| 43. |
If, however, a portion of its leaves is not protruding, it is not permitted to pierce them with a spindle and remove them. By doing so, one would appear to be creating a pit in the earth.
This is the opinion of the Maggid Mishneh. The Magen Avraham 311:21, however, mentions the opinion of the Tosafot, Shabbat 50b, from which it appears that this leniency would be allowed.
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| 44. |
This is an example of the second principle mentioned in the previous halachah, that one may not carry a forbidden object because of a permitted object lying upon it. Note Chapter 26, Halachah 21, which mentions that exceptions to this principle are made to save a corpse from the heat or from a fire.
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| 45. |
The bracketed additions were made on the basis of Shabbat 141b.
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| 46. |
Shabbat 141b explains that this refers to a situation where the son might become sick if his father does not pick him up. If there is no danger of the child's becoming sick, the father is forbidden to pick him up (Magen Avraham 309:1).
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| 47. |
A coin of the Talmudic period.
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| 48. |
Shulchan Aruch HaRav 309:2 mentions that it is even forbidden to hold the child by the hand that is not holding the coin.
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| 49. |
The Magen Avraham 309:3 states that this refers to an instance where one firmly attached the stone in the hole, making it a permanent part of the basket. Otherwise, carrying the stone in the basket is forbidden.
Note the Rambam's Commentary on the Mishnah (Shabbat 21:1), where the Rambam interprets this law and the one that follows as a single concept (as the Ra'avad does in his notes). According to that understanding, the leniency of using the stone as part of a container is permitted only when the basket contains fruit that will spoil if the container is overturned. Thus, the Rambam's decision here reflects a change of mind in favor of a more lenient ruling.
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| 50. |
The Shulchan Aruch (Orach Chayim 309:3) mentions the converse of this principle. When the fruits are firm and will not be spoiled if the basket is overturned and they are spilled to the earth, the basket should be overturned before it is carried.
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| 51. |
As mentioned above, the Ra'avad objects to this decision, based on his interpretation of Shabbat142a. The Maggid Mishneh states that according to the text of the Talmud we have, the Ra'avad's interpretation must be accepted. It is, however, possible that the Rambam's text of the Talmud had a different version of this passage. Both the Tur and the Shulchan Aruch (Orach Chayim 309:3) follow the Rambam's approach.
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| 52. |
The Shulchan Aruch (loc. cit.) also mentions that if one needs to use the place where the basket with the stone is placed, one may move it without overturning it, even though it contains fruit that will not be spoiled. (See Halachot 17 and 20).
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| 53. |
Shabbat 142b emphasizes that we are required to tilt the jug only when it is moved for the sake of its wine. If one moves it to use the place where it is located, there is no need to dislodge the stones. This ruling is quoted in the Shulchan Aruch (Orach Chayim 309:5).
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| 54. |
Were he to tilt the jug there, the falling stone might break other jugs.
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| 55. |
Shulchan Aruch HaRav 309:6 and the Mishnah Berurah 309:14 emphasize that if one's intent is only that the money should not be stolen, it is forbidden to shake it from the pillow.
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| 56. |
The Ramah (Orach Chayim 309:4) states that the following restrictions apply only when one places a forbidden article on an article of one's own, and not when one places a forbidden article on an article belonging to a colleague. For a person cannot cause an article belonging to a colleague to become forbidden.
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| 57. |
Note the Magen Avraham 309:6, which states that the word "intentionally" must be interpreted to mean "for a useful purpose." If, however, a person put down an article on another object intentionally, but with no particular purpose in mind, it is considered as if he forgot it there.
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| 58. |
Since the article is forbidden beyn hash'mashot, the time of the commencement of the Sabbath, it remains forbidden for the entire Sabbath.
The Shulchan Aruch (Orach Chayim 309:4) also mentions the opinion of Tosafot, who maintain that a base for a forbidden object is created only when one's intent was that the forbidden object remain on the base for the entire Sabbath. If one intended to shake it off the base, or have it transferred by a gentile over the course of the Sabbath, it is not considered a base.
Although the Rambam's opinion is accepted by the later authorities, the more lenient view may be followed if there is a possibility that a loss will be caused - e.g., a lamp falls on a table (Shulchan Aruch HaRav 309:7).
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| 59. |
Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 17:6) andHilchot Keilim 20:1. Rashi and others render the Hebrew קרויה as a "gourd."
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| 60. |
I.e., since the bucket is made of earthenware, it is not necessarily heavy enough to sink. Therefore, the stone is used as a weight.
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| 61. |
In such an instance, the bucket itself becomes forbidden, because it serves as a base for a forbidden object (Mishnah Berurah 309:8).
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| 62. |
This refers to a reed that was not altered to serve as a hanger. It is not considered a utensil and is therefore deemed muktzeh.
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| 63. |
The intent is that one must hold the garment that is not muktzeh, and not the reed that is (Shulchan Aruch, Orach Chayim 308:16). The Mishnah Berurah 308:64 mentions that one must remove the garment without moving the reed. It is questionable, however, whether the Rambam would agree to that stringency, for this appears to resemble the other instances of טלטול מן הצד, "carrying in an indirect manner," described above.
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| 64. |
I.e., produce other than grain, wine, or olive oil.
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| 65. |
After the tithes have been given to the Levites, they are required to separate a tenth of the produce that they have been given. This produce is given to the priests and is governed by same laws as terumah. (See Numbers 18:25-32.)
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| 66. |
Once terumah has contracted ritual impurity, the priests are forbidden to partake of it and it must be burnt.
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| 67. |
The produce separated as the second tithe must be eaten in Jerusalem. When a person lives far from Jerusalem, produce that has been separated as the second tithe can be redeemed by exchanging it for money (Deuteronomy 14:24-27).
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| 68. |
With the exception of the first fruits (bikkurim), produce is not offered in the Temple. If a person consecrates produce, his intent is that it be sold, and the proceeds given to the Temple.
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| 69. |
Produce purchased from an individual on whom we cannot depend to have separated tithes.
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| 70. |
When one redeems the second tithe or consecrated property, it is necessary to add a fifth of its value to the sum. (One pays 125%.) Nevertheless, as long as one has given the value of the produce, it is considered to have been redeemed, and the additional fifth is considered a debt. Note a parallel in Hilchot Eruvin 1:15.
It must, however, be noted that in Hilchot Ma'aser Sheni 5:12, the Rambam writes that the sacred dimension of the second tithe is considered to have departed from the produce after it has been redeemed, even though one has not paid the additional fifth. Nevertheless, one should not partake of this produce, even on the Sabbath, unless one pays that fifth.
In contrast, in Hilchot Arachin 7:3, the Rambam writes that one is permitted to partake of consecrated produce after it has been redeemed, despite the fact that one has not paid the additional fifth.
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| 71. |
The presence of an article that is forbidden to be carried does not cause the entire container to become forbidden.
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| 72. |
Our translation follows the standard published text of the Mishneh Torah. The Kessef Mishnehmentions that the version of this halachah in the texts of the Mishneh Torah commonly available in his time read: "When does the above apply? When the impure [terumah] was below...." He, however, prefers the version found in our standard texts, because it parallels the text of Shabbat141b. Significantly, Rav Kapach notes that both versions appear in ancient manuscripts.
The Maggid Mishneh explains that if the pure terumah is above, one should remove the pureterumah by hand, and then leave the remainder.
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| 73. |
That were not cemented in place. Hence, there is a possibility that one will move them when one sits down.
The Magen Avraham 308:41 emphasizes that if one will not move the stones when sitting, there is no prohibition. Moreover, the Magen Avraham emphasizes that the prohibition against muktzehpertains only to carrying objects with one's hands, and not to moving it with one's body. (See the following halachah.) Therefore, the intent in both clauses of this halachah is to carry the stones or the branches in order to sit on them.
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| 74. |
I.e., performed a deed preparing them.
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| 75. |
Although the Ramah (Orach Chayim 308:21) desires to equate the row of stones with the date branches, the Magen Avraham (loc. cit.) justifies the Rambam's ruling.
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| 76. |
In contrast to the previous law, thought is sufficient to change the status of the date branches. This leniency is granted because date branches are often used to sit on. It was the person's thought to use the branches for kindling that caused them to be forbidden. Hence, his thought itself is sufficient to remove that prohibition.
By contrast, a row of stones is generally used for construction and not as a seat. Therefore, one must perform a deed that indicates one's desire to use the row to sit upon. Consequently, in the present era, when it is no longer customary to sit on date branches, in this instance as well one must perform a deed to indicate one's intent (Magen Avraham 306:40).
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| 77. |
The person did not intend to use them as a mat in the future when he sat upon them. Nevertheless, since date branches are commonly used for that purpose, that is sufficient to cause them to be considered as a useful object (Shulchan Aruch HaRav 308:51).
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| 78. |
In the Talmudic era, straw was generally used for the purpose of kindling. Therefore, it is classified as muktzeh. The Magen Avraham 308:53 notes that in his era, straw was used most commonly for animal fodder. Therefore it should not be classified as muktzeh.
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| 79. |
For the prohibition against moving muktzeh applies only when one moves it with one's hands.
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| 80. |
I.e., placing the pillow or sheet on it is a clear indication that one intends to use it as a mattress. Note Shulchan Aruch HaRav 311:15 and the Mishneh Berurah 311:31, which state that if one puts straw on a bed with the intention of sleeping on it, one may spread it out by hand.
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| 81. |
The bracketed addition is made on the basis of the Shulchan Aruch (Orach Chayim 308:35), which states that unless the person sets aside a corner of the house for the earth, it is considered part of the floor of the house. This implies that the person emptied out the container, for otherwise the earth would remain a distinct entity.
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| 82. |
This act indicates that the person plans to use the earth on the Sabbath. Therefore it is considered a designated article (מוכן). (See Hilchot Sh'vitat Yom Tov 2:18.)
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| 83. |
In the ages prior to household plumbing, earth was necessary to cover urine, feces, and other wastes.
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| 84. |
This law has already been explained in Chapter 5, Halachah 13. Were one to place the receptacle there before the commencement of the Sabbath, it would be permitted.
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| 85. |
According to most authorities, nolad, an article that first comes into existence on the Sabbath, is not forbidden. Nevertheless, an egg laid on the Sabbath is forbidden to be moved. This is a decree enacted as a safeguard, lest one move an egg laid on a festival, as explained in the Rambam's Commentary on the Mishnah (Beitzah 1:1).
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| 86. |
One must, however, be careful not to move the forbidden article when covering it (Shulchan Aruch, Orach Chayim 310:6; note the gloss of the Ra'avad to this halachah).
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| 87. |
Although there is an opinion in Shabbat 43a that states that one may carry an article only for the sake of an object that may itself be carried, this opinion is not accepted as halachah (Maggid Mishneh). (Note, however, the gloss of the Kessef Mishneh on Chapter 26, Halachah 22.)
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| 88. |
I.e., water dripping from a leaking roof or the like.
|
| 89. |
There is no prohibition against carrying rainwater. Thus, in placing the receptacle there one does not nullify the possibility of using the receptacle later (Mishnah Berurah 338:30).
|
| 90. |
This pattern may be repeated any number of times.
|
| 91. |
Water with which one bathes need not be as clean as water that one drinks. Nevertheless, one will not bathe with water that is soiled. Although the Tur (Orach Chayim 338) differs with the Rambam and does not require the water to be clear, the Rambam's view is accepted by theShulchan Aruch (Orach Chayim 338:8) and the later authorities.
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| 92. |
The reason for the prohibition against placing a receptacle to collect the water is that one is invalidating the utensil for future use. The commentaries question this decision, noting that ultimately, when the receptacle becomes full, one is permitted to move it because it is repulsive. They explain that this restriction was instituted because, at the outset, it is forbidden to cause an article to become repulsive (Shulchan Aruch HaRav 339:9, Be'ur Halachah 339).
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| 93. |
These leniencies are granted only within a person's permanent dwelling, as reflected in theShulchan Aruch, Orach Chayim 308:34.
|
| 94. |
Literally, "a chamber pot."
|
| 95. |
Leniency is granted if there is a possibility of loss involved (Shulchan Aruch, loc. cit. 308:37).
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| 96. |
Produce from Eretz Yisrael from which the agricultural requirements (terumah and the tithes) have not been separated. Until these requirements are separated, the produce is not fit to eat and it is considered as muktzeh as explained in Halachah 19.
|
| 97. |
See Chapter 23, Halachah 15.
|
| 98. |
See Chapter 5, Halachah 13.
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| 99. |
The Shulchan Aruch (Orach Chayim 313:7) emphasizes that one may use these utensils only to prevent the beam from falling further. It is forbidden to raise the beam to its original position, because that would be considered as if one were building.
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| 100. |
Unless there is ample space, we fear that the pressure will be so great that it will be impossible to remove them later. Therefore, one will have nullified all future possibilities of using them (Shabbat43a).
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| 101. |
Based on Chapter 1, Halachah 6, one must add that the person must place down the mat in a manner that will not inevitably cause the bees to be snared (פסיק רישא). Were that to be the case, the person who places down the mat would be liable for snaring.
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| 102. |
Which are muktzeh like all animals and fowl.
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| 103. |
Although one is forbidden to carry the basket while the chicks are in it, one is not considered to have invalidated the possibility of using the receptacle, because one may move it after the chicks descend.
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| 104. |
If, however, the chicks are in the basket throughout beyn hash'mashot on Friday, the basket becomes muktzeh (Mishnah Berurah 308:148).
|
| 105. |
Rashi and the Rashba (Shabbat 128b) explain the problem differently from the Rambam: that while the animal is standing on the cushions, it is impossible to move them. This interpretation is difficult, because one may move them after the animal departs,. According to the Rambam's interpretation, by contrast, there is no difficulty, because once the cushions are wet, they cannot be used. The Rambam's interpretation is quoted by the Shulchan Aruch (Orach Chayim 305:19).
|
| 106. |
Although the prohibition against carrying an animal by hand is also Rabbinic in origin, it is more severe. Therefore, our Sages did not nullify it despite the suffering caused to the animal.
There are authorities who are more lenient and maintain that even the latter prohibition is waived because of the animal's suffering. The later authorities rule that one may rely on this decision in a situation where a great loss will be incurred. Moreover, they add that all agree that one may instruct a gentile to lift the animal from the cistern. This is preferable to placing the cushions and blankets there (Shulchan Aruch HaRav 305:26; Mishnah Berurah 305:70).
|
| 107. |
Needless to say, this is forbidden in the public domain, because it is forbidden to carry an animal there (Shabbat, loc. cit).
|
| 108. |
I.e., hold them by the necks or shoulders and direct them (Shulchan Aruch, loc. cit. 308:40).
|
| 109. |
This is the Rambam's interpretation of Shabbat (loc. cit.). Rashi and the Ra'avad offer a different rationale for the prohibition against lifting a chicken: that the chicken will lift up its legs from the ground, causing one to carry it. This interpretation is quoted by the Shulchan Aruch (loc. cit.).
|
Maaser - Chapter 7
Halacha 1
[The following laws apply when a person has a 100 log of wine that are tevelaccording to Scriptural Law.1 If he says: "The two lugim that I will separate areterumah;2 the ten are the first tithe, and the nine are the second tithe,"3 he should not begin drinking and leave over the quantity designated as terumahand the tithes at the end. Instead, he should make the separations and then drink. We do not say that the wine he left over at the end is retroactively considered as if it was set aside in the beginning.4 [The rationale for this stringency is that] the obligation [to separate] terumah and the tithes is Scriptural in origin, and with regard to [matters of] Scriptural Law, we do not say that we will consider it as if a separation has been made unless it actually has been made.5
Halacha 2
When a person specifies that his tithes were located at the opening of a jug [of wine], he should not drink from the bottom of the barrel. If he specifies that they are at the bottom, he should not drink from the top. [The rationale is that] the liquids intermingle.6 If, by contrast, one specified [that the tithes for produce] were at the opening of a storage container, one may eat from the bottom.7 If one specified that they were located at the bottom, one may eat from the top.8
Halacha 3
Halacha 4
When a person sets aside produce to use them for the separation of tithes,12he may continue to separate tithes relying on this produce on the assumption that it is intact, eating and drinking [from the produce from which he intended to separate tithes] until the entire quantity that was set aside has become tithes. He then gives that to a Levite. [If later] he discovers that the produce that he set aside [for tithes] has been lost, he must show concern for all the tithes that he set aside.13 He should not, however, tithe [the second time] with certainty.14
Halacha 5
When a person lends money to a priest,15 a Levite,16 or a poor person,17 so that he can separate [produce] for the money [they owe] from the portions due them,18 he may continue to separate tithes on their behalf on the assumption that they are alive. He need not show concern that the priest or Levite died or the poor man became wealthy.19
Halacha 6
How should he make these separations on their behalf? He should separateterumah, the first tithe, or the tithe for the poor20 and give it to another person for the sake of the priest, Levite, or poor person to whom he lent money.21 If [the debtors] would frequently take these separations from him or if he was accustomed to give these separations to them alone, he need not give them to another person on their behalf.22
After [the lender] makes these separations, he calculates the worth of the produce he separated and deducts it from the loan. [He continues doing this] until he repays the entire debt. He may sell the terumah to any priest of his choice and may partake of the tithes [himself].
Halacha 7
When he calculates the worth of the produce that he set aside, he has the right to consider their value according to the lower market price.23 This is not considered as interest.24 The Sabbatical year does not remit such a debt.25
If the lender desires to nullify this arrangement, he may not.26 But if [the borrowers] seek to do so, they may. If the owner despaired of receiving payment from them, he can no longer make these separations on their behalf. For we may not make separations because of [a debt that] was lost.27
If the priest, Levite, or poor person who borrowed money dies, he cannot continue to separate on their behalf unless he receives permission from the heirs.28 [Moreover, even if permission is granted,] it is effective only when [the deceased] left the heirs [a tract of] land at least the size of a needle.29 If, however, he left them only money, permission from the heir is not effective.30 If he made the loan in court on the condition that he will make the separations on their behalf for this money, it is not necessary for him to receive permission from the heirs.31
Halacha 8
When an Israelite tells a Levite: "I am in possession of a kor34 of tithes for you," the Levite has the right to designate that produce as terumat ma'aser for other produce even if he did not draw it into his possession.35 If the Israelite gives it to another Levite, the first individual has nothing more than complaints against him.36
Halacha 9
When a person has produce in a silo and gives a se'ah to a Levite37and a se'ahto a poor person,38 he should not set aside eight se'ah from the silo and partake of it39 unless he knows with certainty that the two se'ah of the tithes are still intact. If, however, the Levite and/or the poor person partook of them, he may set aside only an amount of grain proportionate to what remains from the two se'ah.40
Halacha 10
[The following laws apply when] poor people exchange the presents given them with the owner of the field, i.e., they gave him a se'ah of leket, shichachah, peah or the tithes for the poor and they took a se'ah of grain from the grain pile.41 [The grain] he takes from them is exempt from the tithes,42 even though it was prepared in the domain of the owner. [Tithes] must be separated from [the grain] they take from him even though it was given in exchange for their presents that are exempt.
Halacha 11
[The following laws apply when] there are two baskets of tevel from whichterumah was separated in front of a person and he says: "Let the tithes from this one be in the other one." The tithing of the first basket is effective, for he has established its tithes within the second basket. The tithing of the second basket is not effective because tithes cannot be set aside from the first basket because the obligation to tithe has already been discharged for the second basket from which the tithes from both must be separated.43
Halacha 12
If one says: "With regard to the tithes for these two baskets. The tithes for each one are established in the other," he has designated the tithes by name and has established the tithes within them. He therefore separates the tithes from them. He may not separate the tithes from another source.44
Halacha 13
How are the tithes separated [in the above situation]? One may separate the tithes for both of them from one of them or he should separate the tithes from each one of them from itself if they were of equal [size].45 If one of them was larger than the other, one should separate the tithes for the larger one from the smaller one and the tithes for the smaller one from the larger one.46
| FOOTNOTES | |
| 1. |
One might argue that this law does not apply at present. And indeed, did not apply throughout the entire Second Temple period. As explained in Hilchot Terumah 1:26 and notes, from the time of the exile of the tribes of Reuven and Gad towards the end of the First Temple period, the mitzvah to separate tithes was no longer required by Scriptural Law. On the other hand, since the source of the mitzvot are Scriptural, even though their observance now is Rabbinic, we follow stringencies as if the Scriptural mitzvah still applies.
|
| 2. |
I.e., he is giving one fiftieth which is the ordinary measure separated as terumah (ibid. 3:2).
|
| 3. |
For the second tithe is given as a tenth of the new total once the first tithe has been separated.
|
| 4. |
See Chapter 9, Halachah 10.
|
| 5. |
There is a difference of opinion among the Sages of the Talmud if this principle, referred to asbereirah should be applied or not (see Beitzah 37b). Because the matter is not resolved, with regard to questions of Scriptural Law, we are stringent, but with regard to matters of Rabbinic Law, we rule leniently.
|
| 6. |
And there is no way one can drink from the top without drinking from the bottom or drink from the bottom without drinking from the top.
|
| 7. |
This does not represent a contradiction to the previous halachah. In that instance, the person had not separated the terumah and the tithes. He had merely stated that he would. In this instance, he has made a separation even though he did not physically remove it.
|
| 8. |
For the produce will not become intermingled.
|
| 9. |
See Hilchot Ma'aser Sheni, ch. 4, which describes how the second tithe can be redeemed for silver coinage.
|
| 10. |
I.e., this is referring to a situation where the person did not make the separations in the desired sequence. This is undesirable, as stated in Hilchot Terumah 3:23.
|
| 11. |
He may not, however, separate it as terumat m'aser for this batch of produce, for it is not proper to separate terumat ma'aser before one separates the tithes themselves. See Chapter 9, Halachah 5.
The Ra'avad states that one may use it as terumat ma'aser for other produce, but not as ordinaryterumah.
|
| 12. |
I.e., he puts aside this batch of produce. Whenever he has new produce, he measures it and calculates a tenth. Afterwards, he considers that quantity of the produce set aside as tithes. When that entire batch of produce has been designated as tithes, he gives it to a Levite. See also (Hilchot Terumah 5:26).
|
| 13. |
I.e., he must separate tithes again, lest he had made the original separation after the produce which he designated for his tithes was lost. The Mishnah (Gittin 3:8) mentions the opinion of Rabbi Elazar who maintains that one shows concern only for the separations made within the last 24 hours. Other Sages differ, however, and maintain that one must show concern for all produce separated (Kessef Mishneh; see Rav Kapach's edition of the Rambam's Commentary to the Mishnah).
Tosafot Yom Tov (Gittin, loc. cit.) states that the Rambam's wording implies that one should separate tithes for one's produce even if that produce has already been eaten. Other authorities, however, do not accept this deduction.
|
| 14. |
For perhaps, the produce that he had set aside was intact at the time he made the separation.
|
| 15. |
Who is entitled to receive both terumah and the tithes.
|
| 16. |
Who is entitled to receive the tithes.
|
| 17. |
Who is entitled to receive the tithe for the poor.
|
| 18. |
I.e., the lender lent a Levite 100 zuz, but did not require him to pay it. Instead, he said that he would continually deduct the money in exchange for the produce he would set aside as tithes until the debt was paid, as described in the following halachah.
|
| 19. |
In which instance, they - and therefore, the lender - would not be entitled to the crops separated for these purposes.
|
| 20. |
There is obviously a printing error in the standard published text of the Mishneh Torah.
|
| 21. |
In this way, the produce separated formally becomes the property of the debtor. Even though ultimately the lender will be receiving the produce, he must make the separations so that the main batch of produce will not be tevel.
|
| 22. |
He must, however, make these separations. He need not give them to another person, because since these individuals are accustomed to receiving this produce, it is considered as if he already received them (Rashi, Gittin 30a).
|
| 23. |
I.e., whenever produce is sold, there is a buyer's bid and a seller's bid. The buyer's bid is always lower than the seller's. The lender may price the produce according to the buyer's bid.
|
| 24. |
Despite the fact that he is receiving an advantage - considering the produce's worth at a lower price - for having made the loan.
|
| 25. |
Although the Sabbatical year remits debts (Hilchot Shemitah, ch. 9), it remits only those debts for which a person must demand payment. In this instance, it is as if the payment has already been arranged (Meiri, Gittin 30a).
|
| 26. |
Our Sages ordained this measure for the sake of the recipients (Gittin, loc. cit.).
|
| 27. |
Rashi (Gittin, loc. cit.) explains that we are speaking about a situation where the lender stipulated that he would receive payment for the loan from the terumah or tithes from a particular year. That year was a year of drought and his harvest appeared lost entirely. He made a public statement of despair, acknowledging that he no longer expected to be able to collect the debt, because his fields would not grow enough crops. If, despite this condition, his fields produced crops, he is not entitled to keep the terumah and/or tithes for himself. The rationale is that he has already given up hope of their recovery.
|
| 28. |
I.e., the arrangement to pay the debt is not automatically transferred to the heirs of the estate. They must agree to it.
|
| 29. |
As long as the testator possesses land, his estate is responsible for the debt, because the land is on lien to it. Hence, his heirs can continue the arrangement if they so choose.
|
| 30. |
If the deceased left only movable property, the debt does not create a lien on the estate. There is a mitzvah for them to pay the debt, but no binding obligation. Hence, they cannot have terumah or tithes separated for the sake of paying the debt.
|
| 31. |
For it is as if the court agreed that all the priests and/or Levites would accept responsibility for the debt in the event of the debtor's death.
|
| 32. |
For a wealthy person cannot be a recipient of the tithes for the poor.
|
| 33. |
For it is as if the lender specified that he would accept this method as payment for the debt. If that method is no longer viable, he must suffer the loss.
|
| 34. |
A measure of volume.
|
| 35. |
I.e., and thus, he has not formally acquired it as his own. Nevertheless, he can rely on the assumption that a Jew will not act unfaithfully and will keep his word (Bava Metzia 49a).
|
| 36. |
The fact that by changing his mind and failing to keep his word, the Israelite caused a spiritual difficulty for the first Levite - for he caused him to violate a transgression by partaking of tithes for which terumat ma'aser was not separated - does not create a financial liability.
|
| 37. |
As the tithes.
|
| 38. |
As the tithe for the poor. As the Rambam writes in his Commentary to the Mishnah (Terumot 4:2), he does not have to separate a full se'ah as the tithes for the poor, for once the first tithe has been separated, all that is necessary is to separate a tenth from the new total and this will be slightly less than a se'ah.
|
| 39. |
I.e., he is thinking that the tithes will have been separated for these eight se'ah.
|
| 40. |
I.e., the produce possessed by each of the recipients should be one tenth of the amount of produce that he uses. We do not say that the produce that he originally separated can serve as the tithes for the produce he will set aside afterwards unless it is intact. See Halachah 4.
|
| 41. |
I.e., the owner acted generously with the poor people, taking a se'ah of their presents - which is usually produce of inferior quality - and exchanging it for a se'ah of quality produce from the grain pile.
|
| 42. |
For there is no obligation to separate tithes from the presents of the poor (Hilchot Terumah 2:9).
|
| 43. |
As stated in Chapter 1, Halachah 6, one may not separate tithes from produce that is exempt from the mitzvah of tithing or for which the obligation to tithe has already been discharged.
|
| 44. |
For he has designated the tithes as coming from those baskets.
|
| 45. |
From the Tosefta (Demai 8:12), it appears that if the piles of produce are equal, it makes no difference to the person from which pile he makes the separations. Thus he can separate them as he desires (Radbaz).
|
| 46. |
For his statements indicate that he desired to separate the tithes for one pile from the other.
|
Maaser - Chapter 8
Halacha 1
Produce from which the great terumah and terumat ma'aser have been separated are referred to as "ordinary produce."1 When the other tithes have been separated from it, it is universally called "ordinary produce that has been made acceptable."
Halacha 2
[The following laws apply when] tevel2 becomes mixed together with the same species of ordinary produce that has been made acceptable in which instance, [the tevel cannot be considered insignificant] because its flavor [cannot be detected].3 If he has other produce, he should separate the terumat [ma'aser]and the tithes for the tevel according to the appropriate reckoning.4 If he does not have other produce from which to make the separations for that tevel, the entire mixture is forbidden until he makes separations from it. When he makes these separations, he forfeits a portion from the ordinary produce that has been made acceptable that is equivalent to the terumat ma'aser that must be separated from the tevel.5
Halacha 3
What is implied? If 100 se'ah of tevel is mixed with 100 se'ah of ordinary produce that has been made acceptable, he should separate 101 [se'ah] from the entire mixture. Everything that he sets aside is considered as tevel. Thus 99se'ah of ordinary produce that has been made acceptable remain. He has thus lost a se'ah [of the ordinary produce].6 Similarly, if terumah had also not been separated from the tevel, he must forfeit an amount from the ordinary produce that has been made acceptable that is equivalent to the terumah and terumat ma'aser [to be separated from the tevel].7
Why must he forfeit this se'ah?8 So that he will not say: "The 100 se'ah that I set aside are ordinary produce and the 100 that remain are tevel."9 Similarly, if the amount of the tevel exceeded or was less than ordinary produce, one should separate [an amount equivalent] to the tevel and [an amount] from the ordinary produce [equivalent] to the terumat ma'aser [to be separated from thetevel] or equivalent to the terumah and terumat ma'aser [to be separated] if it was tevel from which terumah was not separated.
Halacha 4
Similarly, if tithes10 that were tevel11 became mixed with ordinary produce that has been made acceptable, even the slightest amount causes the mixture to be prohibited. If the person has other tithes, he should make a separation for theterumat ma'aser for the tithes that require this according to the appropriate proportion.12If he does not have other tithes,13 he should remove the tithes and forfeit from the ordinary produce that has been made acceptable an amount equal to the terumat ma'aser in the tithes.14
Halacha 5
What is implied? 100 [se'ah of] tithes become mixed with 100 [se'ah of] ordinary produce that has been made acceptable. He should separate 110 se'ah from the entire mixture. Everything that he separates is considered as the tithes. The 90 [se'ah] that remain are ordinary produce as before. Similarly, if the amount of the ordinary produce exceeds or is less than that of these tithes, he should separate the tithes and from the ordinary produce, an amount equivalent to theterumat ma'aser in the tithes.15
Halacha 6
[The following laws apply when] tevel becomes mixed together with tithes16 that were tevel.17 If the amount of tevel was equivalent to the amount of the tithes, he must forfeit from the tevel an amount equivalent to the terumat ma'aser it contains.18
What is implied? There were 100 se'ah of tevel that became mixed with 100se'ah of tithes. He should separate 101 [se'ah]; they are considered as tithes.19The 99 remaining are considered as tevel.20
If there was more tevel than tithes, he should separate the tithes alone and he does not forfeit anything from the tevel. For if he would designate the terumat ma'aser of the tevel,21 the tithes would be meduma,22 a mixture of [the tithes]23and the terumat ma'aser from the tithes which are separated together.
If there were more tithes than tevel, he should designate the terumat ma'aser in the tevel, setting aside the tevel and an amount equivalent to the terumat ma'aser for the tevel, i.e., one one-hundredth of the tithe. The tevel should be considered as if it is all meduma and sold to a priest with the exception of the worth of the two [portions of] terumah in it. Thus he will forfeit one hundredth of the tithes which is equivalent to the terumat ma'aser in the tevel.
What is implied? If there were 100 [se'ah] tevel with 200 [se'ah] of the tithes, he should set aside 103. The three [se'ah] are the terumat ma'aser of the 100 [se'ah] of tevel and the measure of terumat ma'aser for the 200 [se'ah of the tithes]. [This separation is necessary] so that people will not come to err if [the tithes] became mixed with an equivalent amount [of tevel]. Therefore he should leave 197 [se'ah] which will remain tithes as they were.24
Halacha 7
[The following laws apply when a person] has [a stack with] ten lines, each containing ten barrels of wine and [the owner] allocated25 one barrel of the outer line26 as tithes for other wine,27 but he does not know which outer line [he intended]. He should take two barrels from [the corners] on a diagonal,28 mix them, and separate [the tithes] from them.29
Halacha 8
If he allocated [one barrel from] the half30 of an outer row [as tithes], but does not know from which [outer] half a row, he should take four barrels, [one] from each of the corners.31 If he allocated [a barrel from] one row, but does not know which row, he should take [a barrel] from a diagonal row.32 If he allocated [a barrel from] half a row, but does not know which half a row, he should take [a barrel] from two diagonal rows.33 Thus he will be taking a barrel from each half row. He should then mix them together and separate [the tithes].
Halacha 9
If he allocated one barrel as tithes but does not know which barrel it is, he should take [some wine] from each of the 100 barrels, mix it together, and separate enough for one barrel as tithes.
| FOOTNOTES | |
| 1. |
I.e., because the elements of the produce that are sacred have been removed from it [the Rambam's Commentary to the Mishnah (Demai 7:7)]. Terumat ma'aser should not be separated before the tithes themselves. Nevertheless, if one made such a separation, it is acceptable (Chapter 9, Halachah 5).
|
| 2. |
In this instance, the term tevel refers to produce from which the tithes and terumat ma'aser have not been separated. Although the term has a more inclusive meaning, from the continuation of the Rambam's words, this appears to be the intent here.
|
| 3. |
I.e., were the tevel to be of another type of produce than the ordinary produce, the question of whether or not it is considered insignificant would depend on whether its flavor is detectable. In this situation, however, the two collections of produce are of the same species, so taste is not a factor and the tevel cannot be considered as insignificant.
When tevel is mixed with its own species, it is never nullified even if it is mixed with far more than its own size. The rationale is that it is a devar sheyeish lo matirin, i.e., the prohibition can be corrected by making the appropriate separations (Hilchot Issurei Ma'achalot 15:6).
|
| 4. |
I.e., if he knows how much produce was mixed in, he can make the appropriate separations even if the produce itself is not distinct.
|
| 5. |
I.e., one hundredth of the tevel. The Rambam explains what he means by forfeiting this amount and why one must do so in the following halachah.
|
| 6. |
I.e., it is considered as if the se'ah of terumat ma'aser fell into the ordinary produce in which instance, it would be necessary to remove one se'ah from the mixture [the Rambam's Commentary to the Mishnah (Demai 7:7)].
|
| 7. |
I.e., three se'ah, two se'ah for the great terumah and one se'ah for the terumat ma'aser.
|
| 8. |
For the se'ah that will ultimately be separated from the tevel can be considered as the se'ah that must be removed from the ordinary produce (ibid.).
|
| 9. |
For the opposite is true, the produce that remains is the ordinary produce (ibid.).
|
| 10. |
I.e., produce that had been separated as the tithes. Beforehand, terumah had been separated.
|
| 11. |
I.e., a person separated tithes and gave them to a Levite who did not separate terumat ma'aserfrom them as of yet.
|
| 12. |
Setting aside one tenth of the quantity of the tithes. This is the desired approach, because then the necessary separations are being made without losing anything.
|
| 13. |
And thus cannot exercise the above option.
|
| 14. |
I.e., one tenth of the tithes.
|
| 15. |
In his Commentary to the Mishnah (op. cit.), the Rambam explains that this ruling is given because the situation at hand is an intermediate level between an instance where terumat ma'aserbecomes mixed with ordinary produce (in which instance 101 times the amount of terumat ma'aser would be necessary) and a situation where the terumat ma'aser need not be considered at all. There is a basis for such leniency, since ultimately, no separation had been made andterumat ma'aser was never mixed with the produce. On the other hand, since a tenth of the tithes is fit to be separated as terumat ma'aser, some recognition should be made. Hence our Sages arrived at the above compromise.
|
| 16. |
I.e., produce that had been separated as the tithes. Beforehand, terumah had been separated.
|
| 17. |
I.e., a person separated tithes and gave them to a Levite who did not separate terumat ma'aserfrom them as of yet.
|
| 18. |
I.e., 1/100th of the tevel.
|
| 19. |
The se'ah of terumat ma'aser from the tevel that is added is considered as mixed in with the tithes (ordinary) produce and therefore betal, subsumed, in it. Hence the person can make use of the produce in the ordinary manner.
|
| 20. |
The Ra'avad differs with the Rambam. The commentaries justify the Rambam's view.
|
| 21. |
And thus separate an additional amount.
|
| 22. |
A mixture of terumah and ordinary produce. An ordinary person cannot benefit from such a mixture. Instead, it must be sold to a priest at the price of terumah with the exception of the price of the portion that is terumat ma'aser, as the Rambam continues to explain. The tithes would bemeduma, because there would not be enough ordinary produce for the terumat ma'aser to be subsumed within them.
|
| 23. |
Which are ordinary produce.
|
| 24. |
In this way, he is forfeiting from the tithes the amount of terumat ma'aser in the tithes and the amount of terumat ma'aser in the tevel. The Ra'avad differs with the Rambam and the commentaries support the Rambam's decision.
|
| 25. |
The commentaries explain that we are not speaking about an instance where he actually set aside the barrel as tithes, for the Rambam concludes the halachah by saying that he should set aside the tithes. Instead, he merely pledged to separate a barrel from that surface for ten barrels of other wine.
|
| 26. |
I.e., one of the external surfaces of the cube that is the pile [the Rambam's Commentary to the Mishnah (Demai 7:8)].
|
| 27. |
The Rambam mentions this point, because otherwise, one could rightly ask: Why does the Mishnah (ibid.) speak about only one barrel of wine as tithes for 100 barrels (Radbaz)?
|
| 28. |
Our translation is taken from the Rambam's Commentary to the Mishnah (ibid.). The intent is that each of the barrels on the corners is part of two surfaces. Since he is taking a barrel from opposite corners, he will have certainly taken a barrel from the surface he intended. Nevertheless, since he does not know which one of the two is appropriate, he should mix them together.
|
| 29. |
Preferably, he should also use the remaining amount as tithes for other produce. Thus the barrel separated will be used entirely as tithes (Kin'at Eliyahu).
|
| 30. |
These and the following bracketed additions are made on the basis of the Rambam's Commentary to the Mishnah (loc. cit.).
|
| 31. |
Each of the barrels is part of two outer half rows, so that the barrel he intended to allocate is certainly among these four barrels.
|
| 32. |
By doing so, he will have taken a barrel from every row.
|
| 33. |
In a criss-cross as depicted in the accompanying diagram.
|
Maaser - Chapter 9
Halacha 1
In the age of Yochanan the High Priest who served after Shimon the Just,1the High Court sent emissaries who searched throughout the entire territory of Israel. They discovered that everyone was careful with regard to the greatterumah2and would separate it. But with regard to the first tithe, the second tithe, and the tithe for the poor, the common people among Israel would be lax and would not separate it.3 Therefore [the Sages] decreed that only the word of trustworthy people4 would be relied upon with regard to tithes.5 [The status of the produce of] the common people, by contrast is doubtful. We do not rely on them if they say that they separated the tithes. This is called demai.6
Halacha 2
They ordained that a person should separate only terumat ma'aser from thedemai, for it is a transgression punishable by death and the second tithe, for there is no loss in doing so since the owner partakes of it. One need not, however, separate the first tithe or the tithe for the poor from demai because [the obligation] is doubtful and [whenever one desires] to expropriate property from a colleague, the burden of proof is on him. Therefore he tells the Levite or the poor person:7 "Bring proof that it is not tithed," and then take the tithes.
Halacha 3
Even though one does not separate the tithe for the poor from demai, it is necessary to designate it without separating it. One says: "A tenth of what is here is the tithe for the poor. [This is done] to firmly establish [the obligation of] the second tithe.8 For the tithe for the poor is given in the third and sixth years instead of the second tithe given in the other years of the Sabbatical cycle.
Halacha 4
Halacha 5
How should tithes be separated from demai? One should set aside an amount equivalent to the measure of terumat ma'aser, i.e., one hundredth of the entire amount, and place it next to the produce and say: "This is the tithe as is the remainder of the tithes that are adjacent to it." He then says: "This [portion] which I [first] set aside as the tithes, is terumat ma'aser for the remainder of the tithes that are adjacent to it."11 He then takes it and gives it to a priest.12 This order is required, because, as an initial and prefatory measure, it is forbidden to separate terumat ma'aser before the tithes themselves.13 Afterwards, he should separate the second tithe.
Halacha 6
It is permissible to set aside the second tithe before the first tithe [when tithing]demai.14 If one desires,15 he should say: "The second tithe of this produce is located in the northern portion - or the southern portion - of the produce and its [holiness] is transferred to this money."16
Similarly, a person who purchases a loaf of bread from a baker17 should separate18 from it the amount to be separated as terumat ma'aser and aschallah,19and say: "The one hundredth of [the total] that is here is [part of] the tithes as well as the remainder of the tithes that are next to it.20 May this portion that I set aside as tithes, serve as terumat ma'aser for the remainder of the tithes that are next to it. The remainder of what I set aside that exceeds one hundredth of the total is challah and the second tithe in its northern - or southern - portion, and its [holiness] is transferred to this money." He may then partake [of the bread].
Halacha 7
Similarly, if a person invites a colleague to dine with him [on the Sabbath]21and [the guest] does not trust [the host] with regard to the separation of the tithes,22[the guest should do the following]: On Friday, he should say: "[The produce] that I will separate tomorrow is [part of] the tithes, as is the remainder of the tithes which are adjacent to it. That portion which I [first] designated as the tithes is terumat ma'aser for the remainder which is adjacent to it. The second tithe in its northern - or southern - portion, and its [holiness] is transferred to [this] money."
[This is permitted,] because a person may make such stipulations with regard todemai even though it is not in his possession.23 When, however, we are certain [that the tithes have not been separated,] he may make stipulations only concerning produce that is in his possession.
Halacha 8
What is implied?24 If, [on Friday,] he had 100 figs that were tevel in his home and he is in the house of study or in the field25 and he is afraid that night will fall and he will not be able to tithe the produce on the Sabbath, he should say: "The two figs that I will separate are terumah. The ten that I will separate after them are the first tithe. And the nine that I will separate after them are the second tithe." On the morrow, he makes these separations and may then partake [of the figs].26
Halacha 9
Halacha 10
If a common person gave him a cup [of wine] to drink [on the Sabbath], he should say:32 "What I will leave in the bottom of the cup is [part of] the tithes,33as is the remainder of the tithes which are adjacent to it. That portion which I [first] designated as the tithes is terumat ma'aser for the remainder which is adjacent to it. The second tithe is located at the brim of the cup and its [holiness] is transferred to the money."34 He may then [drink] the cup, leaving a portion equivalent to [the amount to be separated as] terumat ma'aser35 in the bottom of the cup.
Halacha 11
Similarly, if a colleague invites him to drink on the Sabbath,36 he should make such a stipulation on Friday with regard to everything that he will desire to partake of at his [home].
Similarly, when a worker does not trust his employer [with regard to the tithing of the food that he is given],37 he should take one fig and say:38 "This and the nine which follow are considered as tithes for the 100 that I will eat. This one is considered as terumat ma'aser for the ten39 that follow. The ten40 that follow after that are considered as the second tithe and their [holiness] is transferred to [this] money." He then takes the fig that he set aside and gives it to the priest.
Halacha 12
[Our Sages] did not obligate bakers to separate the second tithe [from grain] that is demai,43 only terumat ma'aser. It is separated in a state of ritual purity together with the challah. The purchaser must separate the second tithe.44
When does the above apply? To one who sells in his store or at the entrance to his store. If, however, he sells it to a wholesale baker or to a store adjacent to a wholesale baker,45 he is obligated to separate the second tithe as well.
Halacha 13
[The following rules apply when] two people harvested their vineyards into a common vat, and one of them is not trusted with regard to the tithes. Even though the one who is trusted [with regard to the tithes] already tithed his own produce,46 when he takes his portion of the wine, he is obligated to separate tithes as one does for demai for the portion of the common person.47
What is implied? If they were equal partners and one takes 200 log as his portion, he should separate one log as terumat ma'aserand ten48log as the second tithe for the 100 log [of the common person]. [This is all that is required,] for he already separated the tithes for the produce that was definitely not tithed for half of the entire quantity in the vat.49 Similarly, if his share was a third or a fourth, he must separate [the tithes from the produce he takes] proportionately.50
| FOOTNOTES | |
| 1. |
I.e., not the Hasmonean High Priest of that name who became a Sadducee (Kessef Mishneh).
|
| 2. |
Since it is punishable by death at the hand of heaven, people were meticulous in separating it [the Rambam's Commentary to the Mishnah (Demai 1:1).
|
| 3. |
The majority of the common people would separate the tithes as well. Nevertheless, because there was a significant minority who did not, our Sages imposed this stringency.
|
| 4. |
See Chapter 10, Halachot 1-2.
|
| 5. |
I.e., if such people say that their produce was tithed, we accept their word.
|
| 6. |
The name demai is a composite of the Aramaic words da mai, meaning "This, what is its status?" (Radbaz).
See also Hilchot Berachot 1:20 which states that it is necessary to recite a blessing before partaking of demai. That indicates that although our Sages ordained that one should separate the tithes before partaking of it, they did not consider partaking of it an outright prohibition. For if so, reciting a blessing would not be in place.
|
| 7. |
I.e., to whom these tithes would be given.
|
| 8. |
I.e., the Sages ordained this stringency with regard to the tithe for the poor, so that the people will be careful in their observance of the second tithe.
|
| 9. |
Although one's observance fulfills a decree of our Sages and blessings are recited for the observance of Rabbinic commandments, e.g., the recitation of Hallel, lighting Shabbat and Chanukah candles, washing hands, and the like, a blessing is not recited in this instance, because this obligation was instituted only because of doubt, not as a practice with inherent positive virtue.
|
| 10. |
I.e., were a blessing required, one would be forbidden to separate it in such a state, because a blessing could not be recited [the Rambam's Commentary to the Mishnah (Demai 1:4)].
|
| 11. |
The Radbaz emphasizes that he need not set the remainder of the tithes aside. Indeed, he continues, doing so would be an indication that he should give this produce to the Levite.
|
| 12. |
As a present. There is reason to say that since the matter is one of doubt, one is not required to give it to the priest, but instead, could sell it to him, our Sages ordained that it be given away. See the commentaries to Sotah 48a.
|
| 13. |
See Hilchot Terumot 3:23.
|
| 14. |
Generally, the tithes must be separated in the appropriate order (ibid.). An exception is made with regard to demai, for the obligation to separate it is only a Rabbinic stringency (the Jerusalem Talmud, Demai 1:4). See also Hilchot Ma'aser Sheni 11:13.
|
| 15. |
i.e., if rather than partaking of the produce in Jerusalem as is required with regard to the second tithe, he chooses to redeem it, transferring its holiness to money. That money should be taken to Jerusalem and used to purchase food there. See Hilchot Ma'aser Sheni, chs. 4-5.
|
| 16. |
I.e., it is not necessary to actually take this produce to Jerusalem and partake of it as the second tithe. Instead, its holiness could be transferred to money and
|
| 17. |
I.e., a baker who is a common person in whose instance the precautions concerning demai must be taken.
|
| 18. |
In his Commentary to the Mishnah (Demai 5:1), the Rambam states that one should separate this portion from the loaf. Instead, one should slice a piece from the loaf, without cutting the slice away entirely. The commentaries question whether this is the intent here or that here, the Rambam changed his mind and is speaking of a complete separation.
|
| 19. |
As stated in Hilchot Bikkurim 5:1-2, before one is permitted to partake of bread, one must separate a portion as challah. According to Scriptural Law, there is no minimum amount required for this separation. According to the Rabbis, a private person must separate one twenty-fourth of the loaf and a baker one forty-eighth. In this instance, the latter amount should be separated together with one hundredth for terumat ma'aser.
|
| 20. |
As in Halachah 5.
|
| 21. |
When it is forbidden to separate tithes (Hilchot Shabbat 23:14).
|
| 22. |
Although a person who is meticulous in his observance of the tithes should not eat in a common person's home (Chapter 10, Halachah 1), it can be explained that this is speaking about an instance where the person accepted the invitation without knowing that the host was not meticulous in his observance of the mitzvah. We are, however, speaking about a situation where the guest merely suspects that his host is not meticulous in his observance. If he is certain that he is not meticulous, different rules apply, as the Rambam states in the final clause of the halachah. The leniencies to follow were granted only for the sake of the Sabbath, but not during the week.
|
| 23. |
This leniency is granted because the obligation to make these separations is Rabbinic in origin.
|
| 24. |
I.e., how can a stipulation be made before the Sabbath for produce that we know is tevel to be tithed on the Sabbath?
|
| 25. |
And thus he cannot physically separate them before the onset of the Sabbath.
|
| 26. |
He may not, however, partake of the figs and then leave the tithes. The rationale is that in questions of Scriptural Law, the principle of bereirah is not applied and we do not consider it as if the separation that he will ultimately make was made from the outset [the Rambam's Commentary to the Mishnah (Demai 7:5)]. See also Chapter 1, Halachah 9.
|
| 27. |
Stating that he had made a stipulation on the previous day.
|
| 28. |
The reason it is forbidden to separate tithes on the Sabbath.
|
| 29. |
If, however, such a stipulation was not made before the onset of the Sabbath, it is forbidden to move the tevel. Since it is forbidden to partake of it on the Sabbath, it is comparable to a stone (Hilchot Shabbat 25:19).
|
| 30. |
Since after the separations will be made, it will be permitted to partake of it, one never diverted his attention from using it on the Sabbath.
|
| 31. |
Even if the tithes have not been taken away from the produce, since they have already been separated and their place is distinct, it is as if they have been separated already. We do not have to rely on the principle of bereirah (Radbaz).
|
| 32. |
This is an extension of the principles stated in Halachah 7. In this instance as well, the common person had invited him to dine with him on the Sabbath and thus he was unable to make the separations before the Sabbath.
|
| 33. |
Since demai is a Rabbinic decree, we may rely on the principle of bereirah, that a separation made afterwards is retroactively considered as if was made beforehand. Thus the wine in the cup is not considered as tevel even though the tithes were not actually separated until later [the Rambam's Commentary to the Mishnah (Demai 72:2)].
|
| 34. |
I.e., the money he has set aside at home for the redemption of the second tithe.
|
| 35. |
1/100th of the cup.
|
| 36. |
The Radbaz questions why the Rambam deviates from the wording used by the Mishnah (Demai7:1) which speaks of a person inviting a colleague to dine.
|
| 37. |
We are speaking about a situation in which the worker is entitled to partake of the produce as a result of a contractual stipulation and not because the Torah gives him the right to do so. See Chapter 5, Halachah 9.
|
| 38. |
In contrast to the previous halachot, this is not speaking about a situation where the person partakes of the food on the Sabbath. Instead, it is speaking about a situation during the week and the separation is made at the time the tithes are designated.
|
| 39. |
Actually, the nine.
|
| 40. |
Here also, the intent is nine. See Chapter 7, Halachah 1.
|
| 41. |
Since he will use this money for food in Jerusalem, he will not suffer a loss by separating it from his own.
|
| 42. |
I.e., the worker is entitled to take an extra fig from the employer as reimbursement for the produce he gives the priest as terumat ma'aser.
|
| 43. |
In his Commentary to the Mishnah (Demai 2:4, based on Yoma 9a), the Rambam writes that this leniency was instituted because the local officials would keep steady watch over the bakers and regulate their sales, preventing them from charging higher prices. In consideration of their position, our Sages did not require them to separate the second tithe.
|
| 44. |
For he will not be suffering a loss, for he will use the money from the second tithe to purchase food in Jerusalem. For the baker, however, making this separation would be a severe loss, for he would never spend all the money for the grain he uses on his own provisions in Jerusalem.
|
| 45. |
In which instance, the initial baker is not pressured to lower his price to the same degree.
|
| 46. |
I.e., they divided the grapes originally and he tithed his grapes before they were crushed and made into wine.
|
| 47. |
I.e., he must separate tithes for the share of his partner.
|
| 48. |
Actually, the nine.
|
| 49. |
We assume that each drop of wine is equally blended between the tithed portion and the portion that is demai. Thus the share to be tithed is no more than half the amount the person is taking, for he already separated the tithes for his own share.
In his gloss to this halachah, the Ra'avad questions the Rambam's ruling, noting that the restrictions regarding demai are Rabbinic in origin and that the principle of bereirah can be applied in questions of Rabbinic Law. Hence, based on this principle, we could say that retroactively, it could be considered that when the person separated the tithes for his portion, he was separating the tithes for the portion that he would ultimately receive.
The Ra'avad explains that it is possible to say that this principle is not applied as a penalty to the person. He is penalized, because he should not have mixed his produce with that of a common person. The Radbaz amplifies this explanation, stating that by mixing his produce together with that of a common person he caused the terumat ma'aser that will be separated to become impure. The Kessef Mishneh explains that initially when the separation was first made, the two batches of produce were not mixed together. Hence, it is not appropriate to say that the separation he is making now will affect the entire quantity.
If, however, they were full partners and did not make a division until the wine was produce, the person who is conscientious in his observance need not separate more than the tithes for his own portion. There is no need for him to be concerned about the share of the common person. For within this context, we apply the principle of bereirah and assume that retroactively, each one is receiving his own share and hence has no responsibility for the share of his colleague.
|
| 50. |
If his share of the produce was one-third, he would have separated that amount of the total yield. Thus he would have to tithe two-thirds of the produce he receives.
|
• Sunday, Iyar 7, 5775 · 26 April /2015
"Today's Day"
Torah lessons: Chumash: Emor, Revi'i with Rashi.
Tehillim: 39-43.
Tanya: All these (p. 243)...the blessed En Sof. (p. 245).
When one enwraps himself with the tallit gadol (large tallit) it is unnecessary to cover his head and face down to his mouth; this is indicated in the laws of tzitzit in thesiddur (p. 11). It is our custom, however, to cover the eyes1 with the upper part of thetallit.
During the days of sefira it is customary to study tractate Sota, one page each day2 - in addition to one's regular study sessions.
FOOTNOTES
1. I.e. to cover the head and face, down to past the eyes.
2. The number of pages in Sota, 49, coincides with the 49 days of the omer. One should begin this study on the First day of Chol Hamo'ed. Viz. sicha, Shavuot 5710, section 15.____________________________
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