Today's Laws & Customs:
• Today's 'Nasi': Naftali
In today's "Nasi" reading (see "Nasi of the Day" in Nissan 1), we read of the gift bought by the nasi of the tribe of Naftali, Achira ben Enan, for the inauguration of the Mishkan.
Text of today's Nasi in Hebrew and English.
Today in Jewish History:
• King Hezekiah Falls Ill (548 BCE)
On this day, King Hezekiah, the greatest of all the Judeaen kings, fell seriously ill, and was informed by the Prophet Isaiah that he would die, for G-d was displeased with the fact that Hezekiah had never married.
Hezekiah had refused to get married because he had prophetically foreseen that his children would lead the Jewish people to sin. He erred, for it is man's job to heed the commandment of procreating, and the rest is in the hands of G-d.
Hezekiah asked the prophet to pray on his behalf, but he refused, insisting that the Heavenly decree was final. The king asked the prophet to leave, saying that he had a tradition from his ancestors that one should never despair, even if a sharp sword is drawn across one's throat. The king prayed to G-d, and his prayer was accepted. G-d sent Isaiah to tell him that he would recover and that his life would be extended for fifteen years. Hezekiah recovered three days later, on the first day of Passover.
The King later married Prophet Isaiah's daughter.
Links:
Hezekiah's Last Years of Reign
The story in Kings II with commentary
More about King Hezekiah
• Ezra and Followers Depart Babylon (348 BCE)
A year following the building of the second Temple in Jerusalem (see Jewish History for the 3rd of Adar) Ezra gathered many of the Jews who had remained in Babylon and began a journey to the land of Israel. Though he certainly wanted to go earlier, his teacher, Baruch ben Neriah was too frail to travel, and Ezra refused to leave him until his passing.
Ezra was the head of the Sanhedrin, who all traveled together with him.
On the 12th of Nissan, Ezra departed from the river of Ahava, the beginning of the long journey to the land of Israel which would last for nearly five months (see Jewish history for the 1st of Av).
Links:
Account of event in Ezra
Ezra the Scribe
Daily Quote:
The measure of good is five hundred times greater than the measure of affliction[Mechilta d'Rashbi}
Daily Study:
Chitas and Rambam for today:
Chumash: Shemini, 4th Portion Leviticus 10:12-10:15 with Rashi
• Chapter 10
12And Moses spoke to Aaron and his surviving sons, Eleazar and Ithamar, "Take the meal offering that is left over from the Lord's fire offerings, and eat it as unleavened loaves beside the altar, for it is a holy of holies; יבוַיְדַבֵּר משֶׁה אֶל אַהֲרֹן וְאֶל אֶלְעָזָר וְאֶל אִיתָמָר | בָּנָיו הַנּוֹתָרִים קְחוּ אֶת הַמִּנְחָה הַנּוֹתֶרֶת מֵאִשֵּׁי יְהֹוָה וְאִכְלוּהָ מַצּוֹת אֵצֶל הַמִּזְבֵּחַ כִּי קֹדֶשׁ קָדָשִׁים הִוא:
surviving: [i.e., Aaron’s sons who survived] death. [Here, since the verse alludes to the fact that Eleazar and Ithamar survived death, it must mean a death which penalty they themselves had incurred.] This teaches [us] that because of the sin of the [golden] calf, the death penalty had been imposed upon them too. This is the meaning of “And with Aaron, the Lord was very furious, to destroy him (לְהַשְׁמִידוֹ) ” (Deut. 9:20). The term הַשְׁמָדָה, “destruction,” [in Scripture] always denotes the destruction of children, as it is said, “But I destroyed (וְאַשְׁמִיד) his fruit above,” (Amos 2:9), [referring to his children]. Moses’ prayer, however, effected the nullification of half [of this decree, resulting in the survival of Eleazar and Ithamar], as it is said: “and I prayed also for Aaron at that time” (Deut. 9:20), [where the word “also” includes Aaron’s four sons]. - [Vayikra Rabbah 10:5] הנותרים: מן המיתה. מלמד שאף עליהם נקנסה מיתה על עון העגל, הוא שנאמר (דברים ט כ) ובאהרן התאנף ה' מאד להשמידו, ואין השמדה אלא כלוי בנים, שנאמר (עמוס ב ט) ואשמיד פריו ממעל, ותפלתו של משה בטלה מחצה, שנאמר (דברים ט כ) ואתפלל גם בעד אהרן בעת ההיא:
Take the meal-offering: Although you are אוֹנְנִים [mourners for a close relative on the day of that relative’s demise], and holy [sacrifices] are forbidden to an אוֹנֵן. [Zev. 101b] קחו את המנחה: אף על פי שאתם אוננין וקדשים אסורים לאונן:
the meal-offering: This is the meal-offering of the eighth [day of the investitures], and the meal-offering of Nahshon [Ben Aminadab, the leader of the tribe of Judah, the first tribe to offer sacrifices for the dedication of the Mishkan (Num. 7:1217). See Torath Kohanim 10:42]. את המנחה: זו מנחת שמיני ומנחת נחשון:
and eat it as unleavened loaves: [But we already know that meal-offerings must be eaten unleavened (see Lev. 2:11). So] what does Scripture come to teach us? Since this was a communal meal-offering, and it was a [special] meal-offering [brought exclusively] at that time, and there is nothing like it in [future] generations, Scripture found it necessary to specify the law of other meal-offerings in its context [to teach us that those laws applied to this meal-offering as well]. — [Torath Kohanim 10:46] ואכלוה מצות: מה תלמוד לומר, לפי שהיא מנחת צבור ומנחת שעה ואין כיוצא בה לדורות, הוצרך לפרש בה דין שאר מנחות:
13You shall eat it in a holy place because it is your portion and your sons' portion from the Lord's fire offerings, for so I have been commanded. יגוַאֲכַלְתֶּם אֹתָהּ בְּמָקוֹם קָדוֹשׁ כִּי חָקְךָ וְחָק בָּנֶיךָ הִוא מֵאִשֵּׁי יְהֹוָה כִּי כֵן צֻוֵּיתִי:
and your sons’ portion: [But] the daughters [of kohanim] do not have a portion in holy [sacrifices]. — [Torath Kohanim 10:46] וחק בניך: אין לבנות חק בקדשים:
for so I have been commanded: that they eat it when they are אוֹנְנִים [mourners for a close relative on the day of that relative’s demise and burial]. — [Torath Kohanim 10:48] כי כן צויתי: באנינות יאכלוה:
14The breast of the waving and the thigh of the raising up you shall eat in a clean place, you and your sons and your daughters with you, for [as] your portion and your sons' portion they have been given, from the peace offerings of the children of Israel. ידוְאֵת חֲזֵה הַתְּנוּפָה וְאֵת | שׁוֹק הַתְּרוּמָה תֹּאכְלוּ בְּמָקוֹם טָהוֹר אַתָּה וּבָנֶיךָ וּבְנֹתֶיךָ אִתָּךְ כִּי חָקְךָ וְחָק בָּנֶיךָ נִתְּנוּ מִזִּבְחֵי שַׁלְמֵי בְּנֵי יִשְׂרָאֵל:
The breast of the waving: from the communal peace offerings. ואת חזה התנופה: של שלמי צבור:
you shall eat in a clean place: Now did they eat the previous sacrifices in an unclean place? Rather, the previous sacrifices were holy of holies (קָדְשֵׁי קֳדָשִׁים), and as such, they were required to be eaten in a holy place. These, however, were not required [to be eaten] within the hangings [of the courtyard]. Notwithstanding, they were still to be eaten within the camp of Israel, which is “clean” insofar as those who were afflicted with tzara’ath could not enter therein. From here, then, we learn the law that sacrifices with a lesser degree of holiness (קָדָשִׁים קַלִּים) may be eaten anywhere in the city [of Jerusalem, and these specific communal peace offerings had the status of קָדָשִׁים קַלִּים, even though communal peace offerings are usually קָדְשֵׁי קָדָשִׁים]. — [Zev. 55a] תאכלו במקום טהור: וכי את הראשונים אכלו במקום טמא, אלא הראשונים שהם קדשי קדשים הוזקקה אכילתם במקום קדוש, אבל אלו אין צריכים תוך הקלעים, אבל צריכים הם להאכל תוך מחנה ישראל, שהוא טהור מליכנס שם מצורעים. מכאן שקדשים קלים נאכלין בכל העיר:
you and your sons and your daughters: You and your sons have a portion. Your daughters, however, do not have a portion. Yet if you give them [sacrificial flesh as] gifts, they are permitted to eat from the breasts and the thighs. [How do we know this?] Perhaps the verse means that the daughters also receive a portion? Scripture therefore states [in the continuation of this verse], “for [as] your portion and your sons’ portion they have been given,” - [i.e., it is given as] a portion to the sons, but not as a portion to the daughters. - [Torath Kohanim 10:50] אתה ובניך ובנתיך: אתה ובניך בחלק, אבל בנותיך לא בחלק, אלא אם תתנו להן מתנות, רשאות הן לאכול בחזה ושוק. או אינו אלא אף הבנות בחלק, תלמוד לומר כי חקך וחק בניך נתנו, חק לבנים ואין חק לבנות:
15They shall bring the thigh of the raising up and the breast of the waving upon the fats for fire offerings, to wave as a waving before the Lord. And it shall belong to you and to your sons with you as an eternal due, as the Lord has commanded. טושׁוֹק הַתְּרוּמָה וַחֲזֵה הַתְּנוּפָה עַל אִשֵּׁי הַחֲלָבִים יָבִיאוּ לְהָנִיף תְּנוּפָה לִפְנֵי יְהֹוָה וְהָיָה לְךָ וּלְבָנֶיךָ אִתְּךָ לְחָק עוֹלָם כַּאֲשֶׁר צִוָּה יְהֹוָה:
The thigh of the raising-up and the breast of the waving: Heb. שׁוֹק הַתְּרוּמָה וַחֲזֵה הַתְּנוּפָה. These words are related to the expressions: “which was waved (הוּנַף) and which was lifted up (הוּרָם) ” (Exod. 29:27). תְּנוּפָה, waving, is performed by a forward and backward motion, whereas תְּרוּמָה, lifting up, is performed by an upward and downward motion. Why Scripture separates them, using “lifting up” in reference to the thigh and “waving” in reference to the breast, we do not know, since both of them were lifted up and waved. שוק התרומה וחזה התנופה: לשון אשר הונף ואשר הורם. תנופה מוליך ומביא, תרומה מעלה ומוריד. ולמה חלקן הכתוב, תרומה בשוק ותנופה בחזה, לא ידענו, ששניהם בהרמה והנפה:
upon the fats for fire offerings: Heb. הַחִלָבִים עַל אִשֵּי. [This phrase is to be read as equivalent to: עַל חֶלְבֵי הָאִשִּים, meaning “upon the fats for fire-offerings.”] From here we learn that the fats were placed underneath [the breast and thigh portions] at the time of the waving (Torath Kohanim 10:51). [Now, earlier verses (Lev. 7:30 and 9:20) both state that the sacrificial fats were placed on top of the breast and thigh portions, thus seemingly contradicting our verse here, which says, “They should bring the thigh…and the breast…upon the fats.”] However, I have already explained the resolution of all these three verses, so that they do not contradict each other, in the section “Command Aaron” (see Rashi on Lev. 7:30). על אשי החלבים: מכאן שהחלבים למטה בשעת תנופה, וישוב המקראות שלא יכחישו זה את זה, כבר פירשתי שלשתן בצו את אהרן (ז ל):Daily Tehillim: Psalms Chapters 66 - 68
• Chapter 66
• Lessons in Tanya
• Wednesday, Nissan 12, 5775 · April 1, 2015
Rambam:
• Sefer Hamitzvos:Wednesday.Nissan 12, 5775 · April 1, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 7
Swearing in G‑d's Name
"And swear by His Name"—Deuteronomy 10:20.
When necessary to conclusively confirm or deny, we are commanded to swear solely in G‑d's Name. This constitutes an honor for, and exaltation of, G‑d.
It is forbidden to swear in the name of any other entity, such as an angel or constellation, unless the person's intention is only to swear in the name of the one and only Power who created these entities.
• 1 Chapter: Order of Prayers Order of Prayers - The Text of the Confession, Order of Prayers Order of Prayers - The Text of the Grace After Meals
• Wednesday, Nissan 12, 5775 · 04/01/2015
"Today's Day"
Haftora: Ve'arba'a anashim. At Mincha say Avadim hayinu (Passover Haggada).
Torah lessons: Chumash: Metzora, Shvi'i with Rashi.
Tehillim: 66-68.
Tanya: He should also (p. 207)...subservient to Him..." (p. 207).
From the time of the exodus from Egypt the Jewish people are called the "Army of G-d."1 They are also called "servants." The difference is this: A servant performs his master's service which may be on many different levels; he may work at the delicate craft of threading pearls, he may do other kinds of expert work or he may perform simple tasks. His service involves great toil and labor, but this does not constitutemesirat nefesh - a willingness to sacrifice self, to lay down one's life. Soldiers are servants who serve with great toil and labor and with self sacrifice, in wars of defense or attack. The soldiers stand at their posts with the highest degree of stalwart determination, undeterred by the opposing enemy; their service is not one of comprehension, for they act according to the orders of their commander.
The Jews in Egypt were utterly degraded under their severe and bitter affliction. Yet, despite it all, they did not change their names, their language, or their distinctive clothing. With absolute determination they stood at their posts, for they knew that G-d had promised to redeem them.
Whoever behaves as they did under such circumstances is a soldier in the Army of G-d, and the Al-mighty will come to his assistance in a manner that manifests itself in nature - yet transcends nature.
FOOTNOTES
1. Sh'mot 12:41.
Chumash: Shemini, 4th Portion Leviticus 10:12-10:15 with Rashi
• Chapter 10
12And Moses spoke to Aaron and his surviving sons, Eleazar and Ithamar, "Take the meal offering that is left over from the Lord's fire offerings, and eat it as unleavened loaves beside the altar, for it is a holy of holies; יבוַיְדַבֵּר משֶׁה אֶל אַהֲרֹן וְאֶל אֶלְעָזָר וְאֶל אִיתָמָר | בָּנָיו הַנּוֹתָרִים קְחוּ אֶת הַמִּנְחָה הַנּוֹתֶרֶת מֵאִשֵּׁי יְהֹוָה וְאִכְלוּהָ מַצּוֹת אֵצֶל הַמִּזְבֵּחַ כִּי קֹדֶשׁ קָדָשִׁים הִוא:
surviving: [i.e., Aaron’s sons who survived] death. [Here, since the verse alludes to the fact that Eleazar and Ithamar survived death, it must mean a death which penalty they themselves had incurred.] This teaches [us] that because of the sin of the [golden] calf, the death penalty had been imposed upon them too. This is the meaning of “And with Aaron, the Lord was very furious, to destroy him (לְהַשְׁמִידוֹ) ” (Deut. 9:20). The term הַשְׁמָדָה, “destruction,” [in Scripture] always denotes the destruction of children, as it is said, “But I destroyed (וְאַשְׁמִיד) his fruit above,” (Amos 2:9), [referring to his children]. Moses’ prayer, however, effected the nullification of half [of this decree, resulting in the survival of Eleazar and Ithamar], as it is said: “and I prayed also for Aaron at that time” (Deut. 9:20), [where the word “also” includes Aaron’s four sons]. - [Vayikra Rabbah 10:5] הנותרים: מן המיתה. מלמד שאף עליהם נקנסה מיתה על עון העגל, הוא שנאמר (דברים ט כ) ובאהרן התאנף ה' מאד להשמידו, ואין השמדה אלא כלוי בנים, שנאמר (עמוס ב ט) ואשמיד פריו ממעל, ותפלתו של משה בטלה מחצה, שנאמר (דברים ט כ) ואתפלל גם בעד אהרן בעת ההיא:
Take the meal-offering: Although you are אוֹנְנִים [mourners for a close relative on the day of that relative’s demise], and holy [sacrifices] are forbidden to an אוֹנֵן. [Zev. 101b] קחו את המנחה: אף על פי שאתם אוננין וקדשים אסורים לאונן:
the meal-offering: This is the meal-offering of the eighth [day of the investitures], and the meal-offering of Nahshon [Ben Aminadab, the leader of the tribe of Judah, the first tribe to offer sacrifices for the dedication of the Mishkan (Num. 7:1217). See Torath Kohanim 10:42]. את המנחה: זו מנחת שמיני ומנחת נחשון:
and eat it as unleavened loaves: [But we already know that meal-offerings must be eaten unleavened (see Lev. 2:11). So] what does Scripture come to teach us? Since this was a communal meal-offering, and it was a [special] meal-offering [brought exclusively] at that time, and there is nothing like it in [future] generations, Scripture found it necessary to specify the law of other meal-offerings in its context [to teach us that those laws applied to this meal-offering as well]. — [Torath Kohanim 10:46] ואכלוה מצות: מה תלמוד לומר, לפי שהיא מנחת צבור ומנחת שעה ואין כיוצא בה לדורות, הוצרך לפרש בה דין שאר מנחות:
13You shall eat it in a holy place because it is your portion and your sons' portion from the Lord's fire offerings, for so I have been commanded. יגוַאֲכַלְתֶּם אֹתָהּ בְּמָקוֹם קָדוֹשׁ כִּי חָקְךָ וְחָק בָּנֶיךָ הִוא מֵאִשֵּׁי יְהֹוָה כִּי כֵן צֻוֵּיתִי:
and your sons’ portion: [But] the daughters [of kohanim] do not have a portion in holy [sacrifices]. — [Torath Kohanim 10:46] וחק בניך: אין לבנות חק בקדשים:
for so I have been commanded: that they eat it when they are אוֹנְנִים [mourners for a close relative on the day of that relative’s demise and burial]. — [Torath Kohanim 10:48] כי כן צויתי: באנינות יאכלוה:
14The breast of the waving and the thigh of the raising up you shall eat in a clean place, you and your sons and your daughters with you, for [as] your portion and your sons' portion they have been given, from the peace offerings of the children of Israel. ידוְאֵת חֲזֵה הַתְּנוּפָה וְאֵת | שׁוֹק הַתְּרוּמָה תֹּאכְלוּ בְּמָקוֹם טָהוֹר אַתָּה וּבָנֶיךָ וּבְנֹתֶיךָ אִתָּךְ כִּי חָקְךָ וְחָק בָּנֶיךָ נִתְּנוּ מִזִּבְחֵי שַׁלְמֵי בְּנֵי יִשְׂרָאֵל:
The breast of the waving: from the communal peace offerings. ואת חזה התנופה: של שלמי צבור:
you shall eat in a clean place: Now did they eat the previous sacrifices in an unclean place? Rather, the previous sacrifices were holy of holies (קָדְשֵׁי קֳדָשִׁים), and as such, they were required to be eaten in a holy place. These, however, were not required [to be eaten] within the hangings [of the courtyard]. Notwithstanding, they were still to be eaten within the camp of Israel, which is “clean” insofar as those who were afflicted with tzara’ath could not enter therein. From here, then, we learn the law that sacrifices with a lesser degree of holiness (קָדָשִׁים קַלִּים) may be eaten anywhere in the city [of Jerusalem, and these specific communal peace offerings had the status of קָדָשִׁים קַלִּים, even though communal peace offerings are usually קָדְשֵׁי קָדָשִׁים]. — [Zev. 55a] תאכלו במקום טהור: וכי את הראשונים אכלו במקום טמא, אלא הראשונים שהם קדשי קדשים הוזקקה אכילתם במקום קדוש, אבל אלו אין צריכים תוך הקלעים, אבל צריכים הם להאכל תוך מחנה ישראל, שהוא טהור מליכנס שם מצורעים. מכאן שקדשים קלים נאכלין בכל העיר:
you and your sons and your daughters: You and your sons have a portion. Your daughters, however, do not have a portion. Yet if you give them [sacrificial flesh as] gifts, they are permitted to eat from the breasts and the thighs. [How do we know this?] Perhaps the verse means that the daughters also receive a portion? Scripture therefore states [in the continuation of this verse], “for [as] your portion and your sons’ portion they have been given,” - [i.e., it is given as] a portion to the sons, but not as a portion to the daughters. - [Torath Kohanim 10:50] אתה ובניך ובנתיך: אתה ובניך בחלק, אבל בנותיך לא בחלק, אלא אם תתנו להן מתנות, רשאות הן לאכול בחזה ושוק. או אינו אלא אף הבנות בחלק, תלמוד לומר כי חקך וחק בניך נתנו, חק לבנים ואין חק לבנות:
15They shall bring the thigh of the raising up and the breast of the waving upon the fats for fire offerings, to wave as a waving before the Lord. And it shall belong to you and to your sons with you as an eternal due, as the Lord has commanded. טושׁוֹק הַתְּרוּמָה וַחֲזֵה הַתְּנוּפָה עַל אִשֵּׁי הַחֲלָבִים יָבִיאוּ לְהָנִיף תְּנוּפָה לִפְנֵי יְהֹוָה וְהָיָה לְךָ וּלְבָנֶיךָ אִתְּךָ לְחָק עוֹלָם כַּאֲשֶׁר צִוָּה יְהֹוָה:
The thigh of the raising-up and the breast of the waving: Heb. שׁוֹק הַתְּרוּמָה וַחֲזֵה הַתְּנוּפָה. These words are related to the expressions: “which was waved (הוּנַף) and which was lifted up (הוּרָם) ” (Exod. 29:27). תְּנוּפָה, waving, is performed by a forward and backward motion, whereas תְּרוּמָה, lifting up, is performed by an upward and downward motion. Why Scripture separates them, using “lifting up” in reference to the thigh and “waving” in reference to the breast, we do not know, since both of them were lifted up and waved. שוק התרומה וחזה התנופה: לשון אשר הונף ואשר הורם. תנופה מוליך ומביא, תרומה מעלה ומוריד. ולמה חלקן הכתוב, תרומה בשוק ותנופה בחזה, לא ידענו, ששניהם בהרמה והנפה:
upon the fats for fire offerings: Heb. הַחִלָבִים עַל אִשֵּי. [This phrase is to be read as equivalent to: עַל חֶלְבֵי הָאִשִּים, meaning “upon the fats for fire-offerings.”] From here we learn that the fats were placed underneath [the breast and thigh portions] at the time of the waving (Torath Kohanim 10:51). [Now, earlier verses (Lev. 7:30 and 9:20) both state that the sacrificial fats were placed on top of the breast and thigh portions, thus seemingly contradicting our verse here, which says, “They should bring the thigh…and the breast…upon the fats.”] However, I have already explained the resolution of all these three verses, so that they do not contradict each other, in the section “Command Aaron” (see Rashi on Lev. 7:30). על אשי החלבים: מכאן שהחלבים למטה בשעת תנופה, וישוב המקראות שלא יכחישו זה את זה, כבר פירשתי שלשתן בצו את אהרן (ז ל):Daily Tehillim: Psalms Chapters 66 - 68
• Chapter 66
This psalm describes the praises and awe-inspiring prayers that we will offer God upon the ingathering of the exiles.
1. For the Conductor, a song, a psalm. Raise your voices in jubilation to God, all the earth!
2. Sing the glory of His Name; make glorious His praise.
3. Say to God, "How awesome are Your deeds!" Because of Your great strength, Your enemies will [admit] their treachery to You.
4. All the earth will bow to You, and sing to You; they will sing praise to Your Name forever!
5. Go and see the works of God, awesome in His deeds toward mankind.
6. He turned the sea into dry land, and they passed through the river on foot; we rejoiced in Him there.
7. He rules the world with His might, and His eyes watch the nations; let the rebellious not exalt themselves, Selah.
8. Bless our God, O nations, and let the voice of His praise be heard.
9. He has kept us alive, and did not allow our feet to falter.
10. For You tested us, O God; You refined us as one refining silver.
11. You brought us into prison; You placed a chain upon our loins.
12. You mounted men over our head; we went through fire and water, and You brought us out to abundance.
13. I will enter Your House with burnt-offerings, I will pay to You my vows,
14. which my lips uttered and my mouth spoke in my distress.
15. I will offer up to You burnt-offerings of fat animals, with the smoke of rams; I will prepare cattle with he-goats, Selah.
16. Come listen, all you who fear God, and I will relate what He has done for my soul.
17. I called to Him with my mouth, with exaltation beneath my tongue.
18. Had I seen iniquity in my heart, my Lord would not have listened.
19. But in truth, God heard; He gave ear to the voice of my prayer.
20. Blessed is God Who has not turned away my prayer or His kindness from me.
Chapter 67
This psalm is known as an especially revered prayer. It, too, speaks of the era of the ingathering of the exiles, and the wars of Gog and Magog, a time when "the Lord will be One."
1. For the Conductor, a song with instrumental music, a psalm.
2. May God be gracious to us and bless us; may He make His countenance shine upon us forever,
3. that Your way be known on earth, Your salvation among all nations.
4. The nations will extol You, O God; all the nations will extol You.
5. The nations will rejoice and sing for joy, for You will judge the peoples justly and guide the nations on earth forever.
6. The peoples will extol You, O God; all the peoples will extol You,
7. for the earth will have yielded its produce, and God, our God, will bless us.
8. God will bless us; and all, from the farthest corners of the earth, shall fear Him.
Chapter 68
An awe-inspiring and wondrous prayer, David composed this psalm referring to a future event, when Sennacherib would surround Jerusalem on Passover, during the reign of Hezekiah. He also prophesies about the good we will enjoy during the Messianic era.
1. For the Conductor; by David, a psalm, a song.
2. Let God rise, let His enemies be scattered, and let His enemies flee before Him.
3. As smoke is driven away, drive them away; as wax melts before fire, let the wicked perish before God.
4. And the righteous will rejoice, they will exult before God and delight with joy.
5. Sing to God, chant praises to His Name; extol Him Who rides upon the heavens with His Name, Yah, and exult before Him.
6. A father of orphans and judge of widows is God, in the abode of His holiness.
7. God settles the solitary into a home, and frees those bound in shackles; but the rebellious [are left to] dwell in an arid land.
8. O God, when You went out before Your nation, when You marched through the wilderness, Selah,
9. the earth trembled, even the heavens dripped before the presence of God; this mountain of Sinai [trembled] before the presence of God, the God of Israel.
10. You poured generous rain, O God; when Your heritage was weary, You secured it.
11. Your flock settled there; in Your goodness, O God, You prepare for the poor.
12. My Lord will fulfill the word of the heralds to a great legion:
13. Kings of armies will flee, they will flee; and she who inhabits the home will divide the loot.
14. Even if you lie upon the hearth,1 [you will be like] wings of a dove covered with silver, her pinions with brilliant gold.
15. When the Almighty scatters kings in her midst, those in the shadow of darkness will be made snow-white.
16. The mountain of God is a fertile mountain, the mountain of majestic peaks is a fertile mountain.
17. Why do you prance, O mountains of peaks? This is the mountain God has desired as His dwelling; the Lord will even dwell there forever.
18. The chariots of God are twice ten thousand, [with] thousands of angels; my Lord is in their midst, at Sinai, in holiness.
19. You ascended on high and took a captive,2 you seized gifts for man; and [now] even rebels dwell with Yah, God.
20. Blessed is my Lord, Who each day loads us [with beneficence], the God Who is our deliverance forever.
21. The Lord is a God of deliverances for us; and to God, my Lord, are the many avenues of death.
22. God alone crushes the heads of His enemies, the hairy skull of him who goes about in his guilt.
23. My Lord said, "I will bring back from Bashan,3 I will bring back from the depths of the sea,
24. that your foot may wade through [the enemy's] blood; that the tongue of your dogs may have its portion from your enemies.”
25. They saw Your ways, O God, the ways of my God, my King, in holiness.
26. The singers began, then the musicians, in the midst of the maidens playing timbrels.
27. In assemblies bless God; [bless] my Lord, O you who stem from Israel.
28. There Benjamin, the youngest, rules them; the princes of Judah stone them, [as do] the princes of Zebulun, and the princes of Naphtali.
29. Your God has decreed your strength. Show Your strength, O God, Who has wrought this for our sake.
30. Because of [the glory of] Your Sanctuary upon Jerusalem, kings will bring You tribute.
31. Rebuke the wild beast of the reeds, the assembly of mighty bulls among the calves of nations, [until] each submits himself with pieces of silver. Scatter the nations that desire wars.
32. Nobles will come from Egypt; Kush will hasten [to raise] its hands to God.
33. Kingdoms of the earth, sing to God; sing praise to my Lord forever!
34. To the One Who rides upon the loftiest of ancient heavens-behold He gives forth His voice, a voice of might.
35. Ascribe power to God; His majesty is over Israel, and His might is in the skies.
36. God, You are feared from Your Sanctuary; it is the God of Israel Who grants strength and power to His people; blessed is God.
Tanya: Likutei Amarim, end of Chapter 39• Lessons in Tanya
• Wednesday, Nissan 12, 5775 · April 1, 2015
Today's Tanya Lesson
Likutei Amarim, end of Chapter 39
וכשעוסק שלא לשמה ממש, לשום איזו פניה לכבוד עצמו
However, when one engages in divine service explicitly not lishmah but for an ulterior motive of self-glorification,
כגון להיות תלמיד חכם וכהאי גוונא
as, for example, in order to become a scholar, and the like,
אזי אותה פניה, שמצד הקליפה דנוגה, מתלבשת בתורתו
then this motive, which is derived from kelipat nogah, clothes itself in his Torah study,
והתורה היא בבחינת גלות בתוך הקליפה
and the Torah studied for this motive is in a state of exile within the kelipah;
לפי שעה, עד אשר יעשה תשובה, שמביאה רפואה לעולם
but only temporarily, until he repents, since1 “Repentance brings healing to the world.”
שבשובו אל ה׳, גם תורתו שבה עמו
For when he returns to G‑d, his Torah returns with him from kelipah to holiness.
ולכן אמרו רז״ל: לעולם יעסוק אדם וכו׳ שמתוך שלא לשמה בא לשמה בודאי
Therefore our Rabbis, of blessed memory, said,2 “One should always engage [in Torah and mitzvot, even shelo lishmah], for out of shelo lishmah he will certainly arrive at [study and observance] lishmah,
שבודאי סופו לעשות תשובה, בגלגול זה או בגלגול אחר
since it is certain that he will ultimately repent, whether in this incarnation or another,
כי לא ידח ממנו נדח
because3 “No one banished from Him by his sins will remain banished,” but will ultimately repent.
The Alter Rebbe thus perceives two novel insights in the statement that one should always engage in Torah and mitzvot even shelo lishmah, etc.
(a) Progress from shelo lishmah to lishmah is a certainty, not a possibility, since every sinner will ultimately repent (— and the Alter Rebbe therefore adds the word “certainly” to the quotation);
(b) Not only will the person advance from the state of shelo lishmah to lishmah, but even the Torah that he studied shelo lishmah will be elevated, so that it attains the quality oflishmah; for when one repents and returns to G‑d, his Torah “returns” with him.
The aforesaid applies to one who engages in divine service for an ulterior motive, strictlyshelo lishmah.
אך כשעושה סתם לא לשמה, ולא שלא לשמה, אין הדבר תלוי בתשובה
But if one acts neutrally, neither lishmah nor shelo lishmah, then the matter is not contingent on repentance.
אלא מיד שחוזר ולומד דבר זה לשמה, הרי גם מה שלמד בסתם מתחבר ומצטרף ללימוד זה, ופרחא לעילא
Rather, as soon as he reviews the subject lishmah, then even that which he had studied neutrally soars on high, attaching itself to and joining his present study,
מאחר שלא נתלבש בו עדיין שום קליפה דנוגה
since no kelipat nogah had yet clothed itself in [his previous study].
Because his earlier study was not motivated by selfish reasons, the Torah studied is not in exile within the kelipah; it merely lacks the quality of lishmah. This fault is remedied by reviewing the subject lishmah.
ולכן לעולם יעסוק אדם כו׳
Therefore, “A man should always occupy himself [with Torah...even shelo lishmah, for out of shelo lishmah he will come to lishmah”] — the Torah that he studied will itself be elevated to the level of lishmah. In this case, the lishmah “comes” automatically when one reviews his studies; it is not contingent on repentance (as it is in the case of Torah studied for personal motives).
וכן הענין בתפלה שלא בכוונה, כמו שכתוב בזהר
The same is true of prayer without kavanah, as discussed in the Zohar.4
When one recites the prayer once again, this time with kavanah, his earlier prayer ascends as well. Further in Tanya, the Alter Rebbe states that even if from all one’s prayers throughout the year, only one full prayer with kavanah can be assembled piecemeal (from one part of prayer said with kavanah one day, another part on another day, and so on), this one prayer is sufficient to elevate all the prayers of the entire year. For even where specific kavanah is lacking, the prayer is endowed with the comprehensive kavanah that one is praying to G‑d.
| FOOTNOTES | |
| 1. | Cf. Yoma 86a. |
| 2. | Pesachim 50b. |
| 3. | Cf. II Shmuel 14:14. |
| 4. | The Rebbe notes: “It would seem that the reference is to Zohar II, 245b.” |
• Sefer Hamitzvos:Wednesday.Nissan 12, 5775 · April 1, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 7
Swearing in G‑d's Name
"And swear by His Name"—Deuteronomy 10:20.
When necessary to conclusively confirm or deny, we are commanded to swear solely in G‑d's Name. This constitutes an honor for, and exaltation of, G‑d.
It is forbidden to swear in the name of any other entity, such as an angel or constellation, unless the person's intention is only to swear in the name of the one and only Power who created these entities.
Swearing in G‑d's Name
Swearing in G‑d's Name
Positive Commandment 7
Translated by Berel Bell
The 7th mitzvah is that we are commanded to swear in G‑d's name whenever necessary — whether to insure something be done or to prevent ourselves from doing something. [We are required to swear in His name] because it exalts, glorifies, and magnifies G‑d.
The source of this commandment is G‑d's statement,1 "And swear in His name."
Our Sages said explicitly,2 "The Torah tells us 'swear in His name' and 'do not swear.' " This means that just as one may not make an unnecessary oath, which is a prohibition, one is commanded to make a necessary oath, which is a positive commandment.
Therefore, one may not swear in the name of any other creation, such as angels or stars. An exception is where the subject [i.e. G‑d] is obviously omitted, such as one who swears in "the truth of the sun," but means "the true G‑d of [i.e. Who created] the sun." It is in this manner that our nation swears in the name of Moshe — in order to gain honor through [mentioning] his name. It is as if the person uttered the oath, "in the G‑d of Moshe," or "in the One Who sent Moshe." However, when the person uttering the oath does not have this in mind, and swears in the name of a created being having in mind that this object is so true that he can swear on it, he has transgressed, and has "placed an object on the same level as G‑d." The Oral Tradition3 explains that "one who 'places an object on the same level as G‑d' is uprooted from the world."
This is the intention of the verse, "swear in His name," i.e. keep in mind that He alone is the True Existence that it is proper to swear by. In the first chapter of T'murah4 our Sages say, "what is the source that one may take an oath to fulfill a mitzvah? The verse, 'And swear in His name.' "
FOOTNOTES
1.Deut. 10:20.
2.Sh'vuos 35b.
3.Sukkah 45b.
4.3b.
Order of Prayers - The Text of the Confession
אלהינו ואלהי אבותינו תבא לפניך תפלתנו ואל תתעלם מתחנתנו שאין אנו עזי פנים וקשי עורף שנאמר לפניך צדיקים אנחנו ולא חטאנו אבל אנחנו ואבותינו אשמנו בגדנו גזלנו דברנו דופי העוינו והרשענו זדנו חמסנו כו' עד כי אמת עשית ואנחנו הרשענו
מה נאמר לפניך יי' אלהינו יושב מרום ומה נספר לפניך שוכן שחקים הלא הנסתרות והנגלות אתה יודע אתה יודע רזי עולם ותעלומות סתרי כל חי אתה חופש כל חדרי בטן ובוחן כליות ולב אין כל דבר נעלם ממך ואין נסתר מנגד עיניך ובכן יהי רצון מלפניך יי' אלהינו ואלהי אבותינו שתמחול לנו על כל חטאתינו ותכפר לנו על כל עונותינו ותסלח לנו על כל פשעינו
על חטא שחטאנו לפניך באונס וע"ח ש"ל בבלי דעת ע"ח ש"ל בגלוי וע"ח ש"ל בדעת ובמרמה ע"ח ש"ל בהרהור הלב וע"ח ש"ל בוידוי פה ע"ח ש"ל בזדון וע"ח ש"ל בחוזק יד ע"ח ש"ל בטומאת שפתים וע"ח ש"ל ביצר הרע ע"ח ש"ל ביודעים וע"ח ש"ל בלא יודעים ע"ח ש"ל בכחש ובכזב וע"ח ש"ל בלשון הרע ע"ח ש"ל במראית העין וע"ח ש"ל בנשך ובמרבית ע"ח ש"ל בשיח שפתותינו וע"ח ש"ל בעינים רמות ע"ח ש"ל בפתחון פה וע"ח ש"ל בצעדי רגלים ע"ח ש"ל בקפיצת יד וע"ח שח"ל ברצון ובדעת ע"ח שח"ל בשגגה וע"ח שח"ל בתמהון לבב על חטאים שאנו חייבין עליהם חטאת ע"ח שח"ע עולה (ע"ח שח"ע קרבן) ע"ח שח"ע אשם ודאי ע"ח שח"ע אשם תלוי ע"ח שח"ע קרבן עולה ויורד ע"ח שח"ע עשה ע"ח שח"ע לא תעשה שנתקו לעשה ע"ח שח"ע מיתה בידי שמים ע"ח שח"ע כרת ע"ח שח"ע מלקות ע"ח שח"ע ארבע מיתות בית דין סקילה שריפה הרג וחנק
על הגלוים לנו ועל שאינן גלוים לנו הגלוים לנו כבר אמרנום לפניך יי' אלהינו ושאינם גלוים לנו כל חטאינו אתה יודע כל הנסתרות ככתוב הנסתרות ליי' אלהינו והנגלות לנו ולבנינו עד עולם וכו' כי אתה סולחן לישראל מן העולם ומוחלן לשבטי ישורון ומבלעדיך אין לנו מלך מוחל וסולח אלהי עד שלא נוצרתי איני כדאי ועכשיו שנוצרתי כאלו לא נוצרתי עפר אני בחיי קל וחומר במיתתי הרי אני לפניך יי' אלהי ככלי מלא בושה וכלימה יהי רצון מלפניך שלא אחטא עוד ומה שחטאתי מחה ברחמיך הרבים אבל לא על ידי יסורין יהיו לרצון אמרי פי והגיון לבי לפניך יי' צורי וגואלי1
כסדר הזה מתודה בערבית שחרית ומוסף ומנחה בין יחיד בין שליח ציבור אלא שהיחיד אומר וידוי זה אחר תפלתו אחר שגומר שים שלום קודם שיפסיע שלש פסיעות ושליח ציבור אומרו בתוך ברכה אמצעית קודם שיאמר אלהינו ואלהי אבותינו מחול לעונותינו מתודה וידוי כסדר הזה ואחר כך אומר מחול לעונותינו ביום צום הכפורים
This is the manner in which both an individual and the chazan should recite the confessional prayers in the Evening, Morning, Musaf, and Afternoon Services. An individual recites this confession after the Shemoneh Esreh, after completing the blessing Sim Shalom before he steps back three steps. The chazan recites it in the middle of the intermediate blessing, before he says Eloheinu … l'avonoseinu, he recites this confession. Afterwards, he says: M'chol l'avonoseinu biyom tzom hakippurim….
בנעילה מתודה כסדר הזה
During Neilah, one should recite the confessional prayers as follows:
מה נאמר לפניך יושב מרום כו' כי עונותינו רבו מלמנות כו' מה אנו מה חיינו מה חסדנו מה צדקנו מה מעשינו מה נאמר לפניך יי' אלהינו הלא כל הגבורים כאין לפניך ואנשי השם כלא היו וחכמים כבלי מדע ונבונים כבלי השכל כי כל מעשינו תהו וימי חיינו הבל לפניך ככתוב2 ומותר האדם מן הבהמה אין כי הכל הבל
אבל אתה הבדלת אנוש מראש ותכירהו לעמוד לפניך כי מי יאמר לך מה תעשה ואם יצדק מה יתן לך ותתן לנו יי' אלהינו את יום הכפורים הזה קץ מחילה לכל חטאתינו למען נחדל מעושק ידינו ונשוב לעשות חוקי רצונך בלב שלם כדבר שנאמר3 דרשו יי' בהמצאו קראוהו בהיותו קרוב יעזוב רשע דרכו ואיש און מחשבותיו וישוב אל יי' וירחמהו ואל אלהינו כי ירבה לסלוח ואתה אלוה סליחות טוב ומטיב חנון ורחום ארך אפים ורב חסד מרבה להטיב רוצה בתשובתן של רשעים ואין אתה חפץ במיתתן ככתוב חי אני נאם יי' אם אחפוץ במות הרשע כי אם בשוב רשע מדרכו וחיה שובו שובו מדרכיכם הרעים ולמה תמותו בית ישראל השיבנו וקבלנו ומחול לנו וסלח כגודל חסדך יהיו לרצון אמרי פי והגיון לבי לפניך יי' כו' עושה שלום וכו'.
| FOOTNOTES | |
| 1. | |
| 2. | |
| 3. | |
Order of Prayers - The Text of the Grace After Meals
ברוך אתה יי' אלהינו מלך העולם הזן את העולם כולו בטובו בחן ובחסד וברחמים ומפרנס לכל כאמור פותח את ידך ומשביע לכל חי רצון1 ומכין מזון לכל בריותיו אשר ברא ברוך אתה יי' הזן את הכל
נודה לך יי' אלהינו ונברכך מלכנו כי הנחלת את אבותינו ארץ חמדה טובה ורחבה ברית ותורה על שהוצאתנו מארץ מצרים ופדיתנו מבית עבדים על תורתך שלמדתנו על חוקי רצונך שהודעתנו על כולם יי' אלהינו אנו מודים לך ומברכים את שמך כאמור2 ואכלת ושבעת וברכת את יי' אלהיך על הארץ הטובה אשר נתן לך ברוך אתה יי' על הארץ ועל המזון
רחם יי' אלהינו על ישראל עמך ועל ירושלים עירך ועל ציון משכן כבודך ועל הבית הגדול והקדוש שנקרא שמך עליו ומלכות דוד משיחך תחזיר למקומה בימינו ובנה ירושלים בקרוב כאשר דברת ברוך אתה יי' בונה ברחמיו את ירושלים
ברוך אתה יי' אלהינו מלך העולם האל אבינו מלכנו אדירנו בוראנו גואלנו קדושנו קדוש יעקב המלך הטוב והמטיב שבכל יום ויום גומלנו חן וחסד ורחמים וכל טוב הרחמן ישתבח לדור דורים הרחמן יתפאר לנצח נצחים הרחמן יזכנו לימות המשיח ולבנין בית המקדש ולחיי העולם הבא מגדול ישועות מלכו וגו'3 כפירים רשו ורעבו וגו'4 הודו ליי' כי טוב כי לעולם חסדו:5
המפטיר בנביא מברך לפניה – One who reads the Haftorah from the works of the Prophets should recite the following blessing before the reading:
ברוך אתה יי' אלהינו מלך העולם אשר בחר בנביאים טובים ורצה בדבריהם הנאמרים באמת ברוך אתה יי' הבוחר בתורה ובמשה עבדו ובישראל עמו ובנביאי האמת והצדק
ומברך לאחריה - After the reading, he should recite the following blessings:
ברוך אתה יי' אלהינו מלך העולם צור כל העולמים צדיק בכל הדורות האל הנאמן האומר ועושה מדבר ומקיים אשר כל דבריו אמת וצדק נאמן אתה הוא יי' אלהינו ונאמנים דבריך ודבר אחד מדבריך אחור לא ישוב ריקם כי אל נאמן אתה ברוך אתה יי' האל הנאמן בכל דבריו
רחם על ציון כי היא בית חיינו ולעגומת נפש תושיע מהרה בימינו ותבנה מהרה ברוך אתה יי' בונה ירושלים
את צמח דוד עבדך מהרה תצמיח וקרנו תרום בישועתך ברוך אתה יי' מגן דוד
על התורה ועל העבודה ועל הנביאים ועל יום המנוח הזה שנתת לנו יי' אלהינו לקדושה לכבוד ולתפארת על הכל אנו מברכין שמך ברוך אתה יי' מקדש השבת
וביום טוב הוא אומר- On a Festival, One Says
ועל יום טוב מקרא קדש הזה שנתת לנו לששון ולשמחה ברוך אתה יי' מקדש ישראל והזמנים
ואם היה שבת ויום טוב כולל שניהם וחותם
If the day is both the Sabbath and a festival, one should combine the two and conclude the blessing:
מקדש השבת וישראל והזמנים
כנוסח שהוא חותם בתפלה בברכה אמצעית באותו היום כך הוא חותם בברכה אחרונה זו
He concludes this last blessing in the same manner as he concludes the intermediate blessing of the Shemoneh Esreh that day.
הענינות שנהגו רוב העם לקרות מן הנביאים בכל שבת ושבת ומפטירין בהן ואלו הן:
The Passages from the Prophets that Most of the People are Accustomed to Read Each Sabbath as the Haftorah:
בראשית הן עבדי אתמך בו עד אלה הדברים עשיתים ולא עזבתים בישעיה6
תולדות נח רני עקרה לא ילדה עד הטו אזנכם ולכו אלי בישעיה7
לך לך ואל מי תדמיוני ואשוה עד כי אני יי' אענם אלהי ישראל בישעיה8
וירא אליו ואשה אחת מנשי בני הנביאים עד ותשא את בנה ותצא במלכים9
ויהיו חיי שרה תחלת הספר עד יחי אדוני המלך לעולם במלכים10
תולדות יצחק משא דבר יי' אל ישראל ביד מלאכי עד וערבה ליי' מנחת וגו' בתרי עשר11
ויצא יעקב ועמי תלואים למשובתי עד ובנביא העלה בתרי עשר12
וישלח יעקב חזון עובדיה עד סוף ספרו בתרי עשר13
וישב יעקב על שלשה פשעי ישראל עד אריה שאג מי לא יירא בתרי עשר14
ויהי מקץ וייקץ שלמה והנה חלום עד ויהי המלך שלמה מלך במלכים15
ויגש אליו ואתה בן אדם קח לך עץ אחד עד וידעו הגוים כי אני יי' ביחזקאל16
ויחי יעקב ויקרבו ימי דוד למות עד ושלמה ישב על כסא דוד אביו במלכים17
ואלה שמות בן אדם הודע את ירושלים עד ויצא לך שם ביחזקאל18
וארא ולא יהיה עוד לבית ישראל עד ביום ההוא אצמיח קרן לבית ישראל ביחזקאל19
בא אל פרעה משא מצרים עד אשר ברכו ה' צבאות בישעיה20
ויהי בשלח שירת דבורה מן ויכנע אלהים עד ותשקוט הארץ ארבעים שנה בשופטים21
וישמע יתרו בשנת מות המלך עוזיהו עד למרבה המשרה בישעיה22
ואלה המשפטים הדבר אשר היה אל ירמיהו עד לא יכרת איש ליונדב בן רכב בירמיה23
ויקחו לי ויי' נתן חכמה לשלמה עד ושכנתי בתוך בני ישראל במלכים24
ואתה תצוה הגד את בני ישראל את הבית עד ורציתי אתכם ביחזקאל25
כי תשא ודבר יי' היתה אל אליהו עד וירכב אחאב וילך במלכים26
ויקהל וישלח המלך שלמה ויקח את חירם מצר עד ותתם מלאכת במלכים27
ואלה פקודי ויעש חירם עד והפתות לדלתות הבית (במלכים)28
ויקרא עם זו יצרתי לי עד כה אמר יי' מלך ישראל בישעיה29
צו את אהרן עולותיכם ספו על זבחיכם עד באלה חפצתי נאם יי' בירמיהו30
ויהי ביום השמיני ויוסף עוד דוד את כל בחור בישראל עד כל אשר בלבבך בשמואל31
אשה כי תזריע ואיש בא מבעל שלישה עד וילך אתו כברת ארץ במלכים32
זאת תהיה וארבעה אנשים ומדלג עד ולא השליכם מעל פניו במלכים33
אחרי מות התשפוט התשפוט עד ונחלת בך לעיני הגוים ביחזקאל34
קדושים תהיו באו אנשים מזקני ישראל עד צבי היא לכל הארצות ביחזקאל 35
אמר אל הכהנים והכהנים הלוים בני צדוק עד כל נבלה וטרפה ביחזקאל36
בהר סיני יי' עוזי ומעזי עד רפאני יי' וארפא בירמיה37
אם בחוקתי הנבא על רועי ישראל עד והצלתים מיד העובדים בהם ביחזקאל38
במדבר סיני והיה מספר בני ישראל עד וארשתיך לי באמונה בתרי עשר39
נשא ויהי איש אחד מצרעה עד ויגדל הנער ויברכהו יי' בשופטים40
בהעלותך רני ושמחי בת ציון עד ידי זרובבל יסדו הבית בתרי עשר41
שלח לך וישלח יהושע בן נון עד וגם נמוגו כל יושבי וגו' ביהושע42
ויקח קרח ויאמר שמואל אל העם עד כי לא יטוש יי' את עמו בשמואל43
זאת חקת התורה ויפתח הגלעדי עד מימים ימימה בשופטים44
וירא בלק והיה שארית יעקב עד והצנע לכת עם אלהיך בתרי עשר45
פנחס ויד יי' היתה אל אליהו עד ויקם וילך אחרי אליהו במלכים46
ראשי המטות ויתן משה למטה בני ראובן עד מחלק את הארץ ביהושע47
אלה מסעי אלו הנחלות עד ויתנו בני ישראל ללוים ביהושע48
אלה הדברים אשר דבר יי' אל ישראל עד והייתם לי לעם בירמיה49
ואתחנן ואתפלל אל יי' אחרי תת את ספר המקנה עד שדות בכסף יקנו בירמיה50
והיה עקב הלוך וקראת באזני ירושלים עד והתברכו בו כל גוים ובו יתהללו בירמיה 51
ראה אנכי הנה ימים באים נאם יי' והקימותי עד אם יסתר איש במסתרים בירמיה52
שופטים ויהי כאשר זקן שמואל עד ויאמר שמואל אל אנשי ישראל לכו בשמואל53
כי תצא ויאספו פלשתים את מחניהם עד ויי' יהיה עמך בשמואל54
והיה כי תבא אז יבנה יהושע מזבח עד ולא היה כיום ההוא ביהושע55
אתם נצבים ויאסף יהושע את כל שבטי ישראל עד כרמים וזיתים אשר לא נטעתם ביהושע56
האזינו ולקחתי אני מצמרת הארז עד והשיבו וחיו ביחזקאל57
וזאת הברכה ויהי אחרי מות משה עבד יי' ומדלג עד ויהי יי' את יהושע ביהושע58
כל שבת שקורין בה שתי פרשיות מפטירין בה מענין פרשה אחרונה וזו המנהג ברוב המקומות וכן נהגו רוב העם להיות מפטירין בנחמות ישעיהו מאחר תשעה באב עד ראש השנה
On every Sabbath, that two parshiyot are read, the Haftorah follows the theme of the last parshah. This is the custom in most places. Similarly, the majority of the people follow the custom of reading Haftorot from the comforting prophecies of Isaiah from after Tishah B'Av until Rosh HaShanah.
בשבת שאחר תשעה באב – נחמו נחמו עמי59 – On the Sabbath follow Tishah B'Av
בשניה ותאמר ציון60 – On the second Sabbath
בשלישית עניה סערה61 - On the third
ברביעית אנכי אנכי הוא מנחמכם62 - On the fourth
בחמישית רני עקרה63 - On the fifth
בששית קומי אורי64 - On the sixth
בשביעית שוש אשיש ביי'65
– On the seventh
– On the seventh
בריך רחמנא דסייען
נגמר ספר שני ומנין פרקיו ששה וארבעים
הלכות ק"ש – 4 פרקים
הלכות תפלה וברכת כהנים – 15 פרקים
הלכות תפילין ומזוזה וספר תורה – 10 פרקים
הלכות ציצית – 3 פרקים
הלכות ברכות – 11 פרקים
הלכות מילה – 3 פרקים
Blessed be the Merciful One Who grants assistance.
This concludes the second volume with the help of the Almighty. There are a total of 46 chapters in this volume.
Hilchot Kri'at Shema - 4 chapters
Hilchot Tefillah UVirkat Kohanim - 15 chapters
Hilchot Tefillin UMezuzah V'Sefer Torah - 10 chapters
Hilchot Tzitzit - 3 chapters
Hilchot Berachot - 11 chapters
Hilchot Milah - 3 chapters
This concludes the second volume with the help of the Almighty. There are a total of 46 chapters in this volume.
Hilchot Kri'at Shema - 4 chapters
Hilchot Tefillah UVirkat Kohanim - 15 chapters
Hilchot Tefillin UMezuzah V'Sefer Torah - 10 chapters
Hilchot Tzitzit - 3 chapters
Hilchot Berachot - 11 chapters
Hilchot Milah - 3 chapters
| FOOTNOTES | |
| 1. | |
| 2. | |
| 3. |
II Samuel 22:51. It is common custom to recite this verse only on the Sabbath and festivals and during the week to recite a similar verse, Psalms 18:51. The latter verse implies a progression towards redemption and is thus appropriate during the week when the challenges of exile are acutely felt. The verse cited by the Rambam looks forward to the time when the redemption will be an established fact and, hence, is fitting for these days of spiritual content.
|
| 4. | |
| 5. |
Ibid. 136:1.
|
| 6. |
Isaiah 42:1-16. At present, the custom is to read from 42:5-43:10.
|
| 7. |
Ibid. 54:1-55:3. At present, Sephardic custom is to conclude with 54:10 and Ashkenazic custom to conclude with 55:5.
|
| 8. |
Ibid. 40:25-41:17. At present, the custom is to read from 40:27-41:16.
|
| 9. |
II Kings 4:1-37. Sephardic custom is to conclude with verse 23.
|
| 10. |
I Kings 1:1-31.
|
| 11. |
Malachi 1:1-3:4. At present, the custom is to conclude with 2:7.
|
| 12. |
Hoshea 11:7-12:14. At present, in many communities, Sephardic custom is to conclude with 12:12. Ashkenazic custom is to begin with 12:13 and to conclude with 13:10.
|
| 13. |
Ovadiah 1:1-21. This represents the custom in Sephardic and some Ashkenazic communities. Other Ashkenazic communities read Hoshea 11:7-12:14.
|
| 14. |
Amos 2:6-3:8.
|
| 15. |
I Kings 3:15-4:1.
|
| 16. |
Ezekiel 37:15-28.
|
| 17. |
I Kings 2:1-12
|
| 18. |
Ezekiel 16:1-14. At present, Sephardic custom is to read from Jeremiah 1:1-2:3. Ashkenazic custom is to read from Isaiah 27:6-28:13, 29:22-23.
|
| 19. |
Ezekiel 28:25-29:21.
|
| 20. |
Isaiah 19:1-25. At present, the custom is to read from Jeremiah 46:13-28.
|
| 21. |
Judges 4:23-5:31. At present, Sephardic custom is to begin from 5:1. Ashkenazic custom is to begin from 4:4.
|
| 22. |
Isaiah 6:1-7:6, 9:5-6. This represents the contemporary Ashekenazic custom. Sephardic custom is to conclude with 6:13.
|
| 23. |
Jeremiah 35:1-19. At present, the custom is to read from Jeremiah 34:8-22, 33:25-26.
|
| 24. |
I Kings 5:26-6:13.
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| 25. |
Ezekiel 43:10-27.
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| 26. |
I Kings 18:1-46. At present, the Ashkenazic custom is to conclude at verse 39. Sephardic custom is to conclude at that verse, but to begin at verse 20.
|
| 27. |
I Kings 7:13-22. At present, the Sephardic custom is to conclude at verse 26. Ashkenazic custom is to read verses 40-50.
|
| 28. |
I Kings 40:50. This represents the contemporary Sephardic custom. Ashekenazic custom is to read Ibid. 7:51-8:21.
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| 29. |
Isaiah 43:21-44:6. At present, the custom is to continue to 44:23.
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| 30. |
Jeremiah 7:21-9:23. At present, the custom is to read until 8:3 and conclude with 9:22-23.
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| 31. |
II Samuel 6:1-7:3. At present, the Sephardic custom is to conclude at verse 6:19. Ashkenazic custom is to read until 7:17.
|
| 32. |
II Kings 4:42-5:19.
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| 33. |
II Kings 7:3-20, 13:23.
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| 34. |
Ezekiel 22:1-16. This represents the contemporary Sephardic custom. Ashekenazic custom is to read Amos 9:7-15.
|
| 35. |
Ezekiel 20:1-15. At present, Sephardic custom is to begin from 20:1 and conclude at 20:20. Ashkenazic custom is to read Ezekiel 22:1-16.
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| 36. |
Ibid. 44:15-31.
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| 37. |
Jeremiah 16:19-17:14. At present, the custom is to read from Jeremiah 32:6-27.
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| 38. |
Ezekiel 34:1-27. At present, the custom is to read from Jeremiah 16:19-17:14.
|
| 39. |
Hoshea 2:1-22.
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| 40. |
Judges 13:2-24. At present, the custom is to read until 13:25.
|
| 41. |
Zechariah 2:14-4:9. At present, the custom is to conclude at 4:7.
|
| 42. |
Joshua 2:1-24.
|
| 43. |
I Samuel 11:14-12:22.
|
| 44. |
Judges 11:1-40. Contemporary custom is to conclude at verse 33.
|
| 45. |
Michah 5:6-6:8.
|
| 46. |
I Kings 18:46-19:21. At present, the custom is to read this passage only when Shabbos Parshas Pinchas does not fall in the Three Weeks of Mourning.
|
| 47. |
Joshua 13:15-14:5. As stated in Hilchot Tefilah 13:19, at present, the custom on this and the other two Sabbaths before the fast of Tishah B'Av is to read Haftorot warning of the destruction of Jerusalem. On the Sabbaths after Tishah B'Av until Rosh HaShanah, the custom is to readHaftoros of consolation as the Rambam states.
|
| 48. |
Ibid. 19:51-21:3.
|
| 49. |
Jeremiah 30:4-22.
|
| 50. |
Ibid. 32:16-44.
|
| 51. |
Ibid. 2:1-4:2.
|
| 52. |
Ibid. 23:5-24.
|
| 53. |
I Samuel 8:1-22.
|
| 54. |
Ibid. 17:1-37.
|
| 55. |
Joshua 8:30-10:14.
|
| 56. |
Ibid. 24:13. Significantly, the Rambam does not mention a Haftorah for Parshas VaYeilech. That omission can possibly be explained on the basis of the words of Rav Saadia Gaon in his Siddurthat at times Parshas Nitzavim is divided, while in other instances, he speaks of combining twoparshiyot. Thus there is only one Haftorah for Nitzavim-Vayeilech (Likkutei Sichos, Vol. 19). In practice, when VaYeilech is read separately, it falls on Shabbat Shuvah and the Haftorahhighlights the theme of that Sabbath including the following readings: Hoshea 14:2-10. Joel 2:11-27, Michah 7:18-20.
|
| 57. |
At present, the custom is to read the song of David, II Samuel 22:1-41.
|
| 58. |
Joshua 1:1-18, 6:27.
|
| 59. |
Isaiah 40:1-26.
|
| 60. |
Ibid. 49:14-51:3.
|
| 61. |
Ibid. 54:11-55:5.
|
| 62. |
Ibid. 51:12-52:2.
|
| 63. |
Ibid. 54:1-10. This follows the authoritative manuscripts of the Mishneh Torah. The standard printed text reverses the order of this and the following Sabbath.
|
| 64. |
Ibid. 60:1-22.
|
| 65. |
Ibid. 61:10-63:9.
|
Shvuot - Chapter 10
Halacha 1
If [both] or one of [the plaintiff's] witnesses was unacceptable, a relative,1 or even one of those disqualified from testifying by Rabbinic decree, the king - who is not fit to give testimony2 - was one of his witnesses, or the witnesses heard the testimony from other witnesses,3 [although] they both denied [knowing testimony] and took an oath, they are not liable for a sh'vuat haedut,4 for had they testified, they would not have obligated [the defendant] to pay.5
Halacha 2
[If the plaintiff said:] "I am administering an oath to you that you come and testify on my behalf that so-and-so promised to give me 200 zuz, but he did not," and [the witnesses] denied [knowledge of the matter] and took an oath, they are not liable for a sh'vuat haedut. For even if they would testify concerning the matter, the defendant would not be liable financially because of his statement.6 Similar laws apply in all analogous situations.
Halacha 3
If one charged [witnesses] with testifying that he was a priest or a Levite, or that he was not the son of a woman who underwent divorce or chalitzah,7 and [the witnesses] denied [knowledge of the matter] and took an oath, they are not liable for a sh'vuat haedut. For this is not a financial claim.
Halacha 4
[Similarly, although the witnesses] denied [knowledge of the matter] and took an oath, they are not liable for a sh'vuat haedut [if the plaintiff] charges them with testifying [with regard to the following claims]:
his son inflicted a wound upon him,
so-and-so kindled his grainheap on the Sabbath,
so-and-so raped or seduced his virgin daughter who had been consecrated.
Halacha 5
If there was [only] one witness, he denied [knowledge of a financial claim], and an oath was administered to him, he is not liable for a sh'vuat haedut. [The rationale is that] the testimony of one witness does not obligate financial payment.10
Halacha 6
If one charged two witnesses with testifying that his wife committed adultery and they denied [knowledge of the matter] and took an oath to that effect, they are liable for a sh'vuat haedut. For if they had testified, they would have caused her to forfeit [the money due her by virtue of] her ketubah.11 Thus the one who charged them with testifying would be freed from liability. Hence the witnesses have denied a financial claim.
Halacha 7
If [a husband] charges witnesses - [either witnesses] who observed him administering a [sotah] warning12 or those who observed her entering into privacy with the man concerning whom she was warned - with testifying, and they denied [knowledge of the matter] and took an oath to that effect, they are not liable for a sh'vuat haedut. [The rationale is that] even if they had testified, [the testimony] would not result in a financial claim only in the obligation to have her drink [the sotah] waters. Although this testimony [can] cause her to forfeit [the money due her by virtue of] her ketubah if she does not drink [the sotahwaters],13 a matter that could lead to a financial claim is not considered as a financial claim. For it is possible that she will drink the waters and not invalidate her ketubah.
Halacha 8
[A witness] is liable for a sh'vuat haedut [in the following situation. A man] issued a [sotah] warning to his wife. She entered into privacy [as observed by] two witnesses and then committed adultery, [as observed by] one witness after being warned and entering into privacy. If [the husband] administered an oath to this witness that he come and testify and he denied knowledge [of the matter], he is liable. Although he is only one witness, if he would have delivered this testimony, the woman would have been divorced without receiving [the money due her by virtue of] her ketubah as explained in Hilchot Sotah.14
Halacha 9
Similarly, in any other instance where the testimony of one witness creates a financial obligation, if that witness denies knowledge [of the matter] and took an oath or an oath was administered to him in court supporting his denial, he is liable for a sh'vuat haedut.
Halacha 10
What is implied? Both the plaintiff and the defendant were reputed [to take false] oaths15and hence they are not given the opportunity to take oaths, [the plaintiff] administered an oath to one witness that he should come and testify that so-and-so owes him a maneh and he denied [knowledge of the matter], he is liable for a sh'vuat haedut. For were he to have testified, the defendant would have been required to pay because of his testimony, as will be explained inHilchot To'en.16 Similar laws apply in all analogous situations.
Halacha 11
When a woman administers an oath to one witness that he testify regarding the death of her husband and he denies [knowledge of the matter], he is liable for ash'vuat haedut. Were he to have testified, she would have married and received [the money due her by virtue of] her ketubah.17
Halacha 12
When does the above apply? When she could have collected [the money due her by virtue of] her ketubah from movable property.18 If, however, she could only have collected [this sum] by expropriating landed property, [the witness] is not liable for a sh'vuat haedut. This also applies if there are two witnesses, for when one administers an oath [to witnesses for claims] involving landed property, they are not liable [for a sh'vuat haedut,] as we explained.19
Halacha 13
When a person administers an oath to witnesses in a court and both denied [knowledge of the matter] at once, e.g., the second witness began his denial immediately after the statements of his colleague,20 they are both liable for ash'vuat haedut. Each one of them must bring a sin offering21 for his oath. If the first one denied [knowledge of the matter] and the second witness waited longer than the appointed time period and then denied [knowledge of the matter], the first [witness] is liable for a sh'vuat haedut and the second is exempt. For even if the second had acknowledged [the obligation], his testimony would not have obligated [the defendant] financially.22
Halacha 14
If one of the witnesses acknowledged [the claim] and the other denied [knowledge of it], the one who denied is liable whether he made his denial before [the other witness' acknowledgement] or afterwards.23 If they both denied [knowledge of the matter] at the same time and then one took the initiative and acknowledged [the matter] immediately thereafter,24 he is exempt and the witness that persists in his denial is liable for a sh'vuat haedut.
Halacha 15
When a person administered an oath to two pairs of witnesses who are both fit to deliver testimony and the first group denied [knowledge of the matter] and then the second pair denied knowledge of the matter, the first are not liable for a sh'vuat haedut. [The rationale is that] they are relying on the testimony of the second pair and that testimony is sufficient to expropriate money. Hence the defendant would not be liable to make financial restitution because of the testimony of these [witnesses] who denied [knowledge of the matter] alone.25
If the second pair of witnesses were related to the plaintiff or to the defendant by marriage and their wives were on their deathbeds, the first pair of witnesses are also liable. For at the time the first pair made their denial, the second pair were not fit to give testimony even though they will soon be fit to give testimony when [the women] on their deathbeds die.26 If the second pair make their denial after their wives die, they are liable for a sh'vuat haedut.
Halacha 16
When a person charges his witnesses with testifying on his behalf and they deny [knowledge of the matter], he administers an oath and they answerAmen,27 he administers an oath four or five times and they respond to each oath outside the court, and when they come to the court, they acknowledge [the matter] and testify, they are not liable for a sh'vuat haedut, as we explained.28
If [when] they came to court, they persisted in their denial, they are liable for every one of the oaths [administered] outside the court.29
Halacha 17
When does the above30 apply? When they answered Amen. If, however, they did not answer Amen, but [merely] denied [knowledge of the matter] after every oath, they are not liable unless the oath is administered in court, as we explained.31 [The rationale is that] they did not utter the oath themselves or answer Amen.
Halacha 18
If [the plaintiff] administered an oath to [the witnesses] in court and they denied [knowledge of the matter] and then he administered an oath again four or five times and they deny [knowledge of the matter] each time, they are liable only once for a sh'vuat haedut.32 [This applies whether the oath was administered] in court or outside the court and even if they answered Amen or took the oath on their initiative time after time. [The rationale is that] after they denied [knowledge of the matter] in court, were they to retract and admit [knowledge of it], their testimony would no longer be effective.33
Halacha 19
It can thus be derived that all the oaths that they take after denying [knowledge of the matter] in court involve a denial of testimony that would not obligate [the defendant] financially. [In that instance, the witnesses] are not liable for ash'vuat haedut, but they are liable for a sh'vuat bitui, as we explained.34
| FOOTNOTES | |
| 1. |
Relatives are also among these unacceptable as witnesses. See Hilchot Edut from ch. 9 onward for a detailed discussion of which witnesses are not acceptable.
|
| 2. |
See the gloss of the Kessef Mishneh to Hilchot Melachim 3:7) which explains that since we are required to hold the king in awe, he is not allowed to testify. See also Hilchot Edut 11:9.
|
| 3. |
In which instance, their testimony would not be effective in cases of monetary law.
|
| 4. |
It would seem that according to the Rambam, they are liable for a sh'vuat bitui. The same law applies with regard to the subsequent halachot. See Chapter 9, Halachah 14.
|
| 5. |
Since their testimony is not effective, they are not liable.
|
| 6. |
Making such a statement does not create a binding financial obligation (Sh'vuot 35a).
|
| 7. |
I.e., were his mother to have undergone either divorce or chalitzah, he would be disqualified from the priesthood.
|
| 8. |
The son is liable for execution for wounding his father (Hilchot Mamrim 5:5), the kindler is liable for desecrating the Sabbath, and the seducer or rapist for adultery.
|
| 9. |
Hilchot Na'arah Betulah 1:13 explains that this concept is derived from the exegesis of Exodus 21:22.
|
| 10. |
As stated in Hilchot To'en V'Nitan 1:2, one witness does not make one liable financially, but it does require an oath. There are times when this requirement will also lead to financial payment, for the defendant may chose to pay rather than to take the oath. Nevertheless, since the matter depends on the defendant's choice and not the witness's testimony, he is not liable for a sh'vuat haedut. See Chapter 8, Halachah 1. Nevertheless, as stated in Halachot 8-10 of this chapter, when the testimony of one witness does create an obligation for financial payment, the witness is liable for ash'vuat haedut.
|
| 11. |
For a woman who commits adultery forfeits all the privileges granted her in her ketubah (ante nuptial agreement). See Hilchot Ishut 24:6.
Generally, a person who is guilty of a transgression that involves capital punishment is not held liable for any financial responsibility. This case, however, is an exception, because the woman is not paying anything. It is just that her conduct voids her husband's obligation to pay her.
|
| 12. |
In the era of the Temple, when a man suspected his wife of committing adultery, he would warn her not to enter into privacy with the suspect. Two witnesses had to observe that warning being given. If she in fact entered into privacy with him afterwards as verified by two witnesses, she would have to drink the special sotah waters. If she had indeed committed adultery, the water would cause internal hemorrhaging and she would die. If she was innocent, she would be granted blessings. Here we are speaking of the husband charging either of these two pairs of witnesses to testify.
|
| 13. |
See Hilchot Sotah 2:1.
|
| 14. |
Hilchot Sotah 1:14. Since there are witnesses who testify that she received a warning and that she entered into privacy with the man who was singled out, there is basis to assume that she committed adultery with him. Hence the testimony of one witness is sufficient.
|
| 15. |
See Hilchot To'en V'Nitan 2:1 that mentions the individuals placed in this category: those who took false oaths in the past and those disqualified from testifying because of transgressions they performed.
|
| 16. |
Hilchot To'en V'Nitan 2:4.
|
| 17. |
See Hilchot Gerushin 12:15 which states that our Sages were lenient and accepted the testimony of only one witness in order to allow a woman to remarry. And since they allowed her to remarry on that basis, they also allowed her to collect [the money due her by virtue of] her ketubah.
|
| 18. |
I.e., she took possession of movable property during the lifetime of her husband and after his death, sought to collect the money due her by virtue of her ketubah from it. Otherwise, the moveable property left by her husband is not under lien to his obligations and she must expropriate his landed property. This applies according to the ruling of the Talmud. At present, however, our Rabbis have ordained that a person's movable property is on lien to all of his debts (Radbaz; see Hilchot Ishut 16:8).
|
| 19. |
Chapter 9, Halachah 3. This ruling also applies to the situation described in Halachah 11.
|
| 20. |
The term the Rambam uses has a specific halachic meaning: the time it takes to say: "Shalom Elecha Rabbi, as stated in Chapter 2, Halachah 17.
|
| 21. |
More specifically, an adjustable guilt offering, as stated in Chapter 1, Halachah 12.
|
| 22. |
Since the first witness denied knowledge of the matter, the testimony of the second witness will not be effective, for he is only one witness.
|
| 23. |
He is liable, for had he testified, his testimony would have obligated the defendant.
|
| 24. |
I.e., within the time period, toch k'dei dibbur, mentioned above. Even if he completed his own statements, his colleague spoke, and then he made the denial, he is exempt. See Chapter 2, Halachah 18.
|
| 25. |
And hence they are not liable for a sh'vuat haedut as stated in Chapter 9, Halachah 1.
|
| 26. |
As long as a person is alive, he or she is considered as alive with regard to all the halachic ramifications of that state.
This and the following clause apply when the witnesses observed the testimony before they married the women in question. Otherwise, their testimony will not be acceptable, for they must be fit to testify both at the time they witness the testimony and at the time they deliver it in court.
|
| 27. |
This constitutes acceptance of the oath. If, however, they remain silent outside the court, they are not considered to have accepted the oath.
|
| 28. |
As stated in Chapter 9, Halachah 2, for witnesses to be liable, they must make their denial in court.
They are, however, liable for a sh'vuat bitui for every oath they accepted outside the court (Radbaz).
|
| 29. |
For the same denial applies to all of them. Since they never denied the matter in court, each denial they make is still significant (in contrast to the instance mentioned in Halachah 18).
|
| 30. |
That they are liable for an oath administered outside the court.
|
| 31. |
Chapter 9, Halachot 1, 10.
The Ra'avad differs with the Rambam concerning this issue, stating that he has made a great error in interpreting the difference of opinion between Rabbi Meir and the Sages mentioned inSh'vuot 30b. The Ra'avad maintains that their difference of opinion concerns only whether the denial of knowledge of the matter must be made in the presence of the court or outside of it. Both, however, agree that an oath is significant, whether made in the presence of the court or outside of it. The Rambam, however, maintains that since the witnesses did not take the oath themselves or respond to it, they are not liable. It is only when the oath is administered in court that the oath is significant even though the witnesses do not respond to it.
|
| 32. |
They are, however, liable for a sh'vuat bitui as stated in the following halachah.
|
| 33. |
As stated in Hilchot Edut 3:5, once witnesses testify in court, they cannot change that testimony. Since their testimony would no longer have an effect, they are not liable for a sh'vuat haedut.
|
| 34. |
Chapter 9, Halachah 14. This also applies to all the other instances in this chapter where it was stated that the witnesses were not liable for a sh'vuat haedut.
|
Shvuot - Chapter 11
Halacha 1
Just as there is a negative commandment forbidding an oath taken in vain and a false oath,1 so, too, there is a positive commandment for a person who is obligated to take an oath in court2 to take that oath in God's name,3 as [Deuteronomy 6:13] states: "And you shall take an oath in His name." This is a positive commandment.4 For taking an oath in His great and holy name is one of the paths of His service. It is a great measure of glorification and sanctification to take an oath in God's name.5
Halacha 2
It is forbidden to take an oath on any other matter together with God's name.6Whoever combines another matter with the name of the Holy One, blessed be He, in an oath will be uprooted from this world.7 For there is no one who is fit to give honor by taking an oath in his name except the [Absolute] One, blessed be He.
Halacha 3
It is permitted for a person to take an oath to fulfill a mitzvah in order to encourage himself [toward its performance]. Although he is under oath [to observe] it from Mount Sinai [onward],8 [he may take an oath, as implied byPsalms 119:106]: "I took an oath and I will uphold it - to observe Your righteous judgments."9
Halacha 4
The oath which the judges administer to individuals who are obligated to take an oath is called: "The oath of the judges." [This applies whether the person] is liable for an oath according to Scriptural Law or according to Rabbinic Law.
Halacha 5
There are three types of oaths for which one is obligated according to Scriptural Law:
a) A claim involving movable property10 was lodged against a person by a colleague. He admitted liability for a portion and denied liability for a portion.11
b) [The defendant] denied liability for all the movable property, but one witness testifies against him, contradicting his statements.12
These two oaths come in response to a definite claim and a denial.13
c) When a watchman claims that the article entrusted to him was lost, stolen, died, or the like, he is required to take an oath, because of the doubt, for the owner of the entrusted article does not know if the watchman is making a true claim or not.14 This oath is of Scriptural origin, as [Exodus 22:10] states: "The oath of God will be between them." 15
Halacha 6
All oaths which the judges require aside from these three are of Rabbinic origin. They are also called "the oath of the judges." Within these oaths of Rabbinic origin, there are also two categories:
a) Oaths administered because of a definite claim and denial: e.g., the oath [taken by] a hired worker,16 [the oath taken by] one who impugns his promissory note,17 and the like.18
b) Oaths taken when [the plaintiff] has a claim of a doubtful nature, e.g., the oaths taken by partners, sharecroppers, and the like.19
In the laws of financial matters, the obligation of all these types of oaths and the associated laws will be explained.
Halacha 7
Halacha 8
An oath of the judges, whether of Scriptural or Rabbinic origin, whether stemming from a definite or an indefinite claim is [administered in] the following [manner]: The person taking the oath holds a Torah scroll22 in his arm.23 He must stand24 and take the oath or recite a curse using God's name or one of the terms used to describe Him. [Either] he pronounces the oath himself or it is pronounced by the judges. My masters25 ruled that an oath of the judges is administered only in Lashon HaKodesh.26
Halacha 9
What is meant by an oath pronounced by [the defendant] himself? For example, he says: "I am taking an oath by God, the Lord of Israel...",27 "...by He whose name is graciousness...", "...by He whose name is mercy that I am not liable to this person at all." Similarly, if he says: "May one28 be cursed to God..." or "...cursed to He whose name is graciousness if I owes anything to that person."
Halacha 10
What is meant by an oath pronounced by the judges? For example, they tell him: We are administering an oath to you by God, the Lord of Israel...", "...by He whose name is graciousness that you are not liable to this person at all" and [the defendant] answers Amen.29 Or they say: "May so-and-so be cursed to God..." or "...cursed to He whose name is graciousness if he owes money to that person and does not acknowledge the debt" and [the defendant] answersAmen. This is the oath of the judges.
Halacha 11
When the judges administer an oath without the defendant holding a [sacred] article in his hand, they have made an error. He must take the oath again while holding a Torah scroll in his hand.30 If he was holding tefillin when they administered the oath to him, he is not required to take the oath again. For he held [an article equivalent to] the Torah in his hand,31 for they are like a scroll. If they administered the oath while [the defendant] was sitting, he does not have to take the oath again.
Halacha 12
Halacha 13
There is no difference between a sh'vuat heset and an oath of the judges except that [the latter] must be taken [while] holding a sacred article and a person who takes a sh'vuat heset does not hold a Torah scroll. Instead, an oath is administered to him by God's name or using one of the terms used to describe Him,34 either an oath or a curse which he utters or which the court states, as is the practice with regard to the oath of the judges. It has already become the universal custom for the synagogue attendant or another person to hold a Torah scroll while a sh'vuat heset is being administered to cast fear [into the heart of the defendant].
Halacha 14
The judges administer the oath to the person taking it in any language that he understands.35 The Geonim ruled in this manner. My masters, however, ruled that an oath should be administered only in Lashon HaKodesh. This ruling should not be relied upon.36
Although it has become customary to administer oaths in Lashon HaKodesh, the person taking the oath should be familiarized with the matter until he understands the wording of the oath. [The rationale is that] the oath of the judges is a sh'vuat hapikadon itself.37 People have even adopted the custom of administering a sh'vuat heset in Lashon HaKodesh.38
Halacha 15
Everyone who is obligated to take an oath of the judges that comes about because of a definite claim and denial,39 whether it is of Scriptural or Rabbinic origin, is subjected to a admonition, as will be explained.40 Everyone who is obligated to take an oath, whether of Scriptural or Rabbinic origin, because of a doubtful claim need not be subjected to an admonition.41
Halacha 16
How is an admonition administered to the person taking the oath? We tell him: Know that the entire world trembled at the time the Holy One, blessed be He, told Moses [Exodus 20:7]: "Do not take the name of God, your Lord, in vain." For with regard to all the transgressions in the Torah, as [Exodus 34:7] states: "And He shall cleanse." And with regard to [a false oath,] as [Exodus 20:7] states: "[God] will not cleanse one who takes His name in vain."42
With regard to all the transgressions in the Torah, retribution is exacted from him [alone], but with regard to [a false oath], retribution is exacted from him and from his family who conceal the matter for him.43 Moreover, this causes retribution to be exacted from "the enemies of the Jews,"44 for the entire Jewish people are responsible for each other,45 for [Hoshea 4:2-3] states: "Swearing, denying, murdering.... Therefore the land will mourn and all who inhabit it will be forlorn."
With regard to all the transgressions in the Torah, [retribution] is suspended for two or three generations if he possesses merit, but with regard to [a false oath], retribution is exacted immediately, as [Zechariah 5:4] states: 'I have let loose [the curse],' declares God, the Lord of Hosts, 'It will come into the house of the thief and the house of he who took an oath in My name falsely.'
"I have let loose" implies immediately. "It will come into the house of the thief" - this refers to deceiving people, i.e. one who does not have money owed to him by a colleague and yet lodges a claim against him to require him to take an oath. "He who took an oath in My name falsely" - this should be interpreted literally. [The verse continues:] "It shall destroy it, its wood, and its stones." Entities that cannot be destroyed by fire and water will be destroyed by a false oath.
Halacha 17
The concept [conveyed] by this admonition is told [to the person taking the oath] entirely in a language that they understand, so that they will understand the matter and the sinner will repent and correct [is conduct].
Halacha 18
If [the defendant] says: "I will take the oath," and [the plaintiff] persists in the claim, the people there say to each other: "Turn away from the tents of these wicked men."48
[The court] tell [the defendant]: "We are not administering the oath to you according to your understanding, but according to our understanding and the understanding of the court."49
Halacha 19
Halacha 20
It is a clear and that anyone who takes an oath of the judges or a sh'vuat hesetfalsely, is liable for taking a [false] sh'vuat hapikadon, the details of which have already been explained.52 Even though he willfully [took the false oath], he does not receive lashes. [Instead,] he is obligated to pay what he owes plus an additional fifth. [The fifth] is one fourth of the principal, so that the principal and the fifth are equal to five.53 And he must bring a guilt offering if the oath was taken in court, as we explained.54
| FOOTNOTES | |
| 1. |
See Chapter 1, Halachot 7-8.
|
| 2. |
See Halachah 5 which mentions the oaths required by the court.
|
| 3. |
See Halachot 8-9.
|
| 4. |
Sefer HaMitzvot (positive commandment 7) and Sefer HaChinuch (mitzvah 435) include this commandment among the 613 mitzvot of the Torah. Note the Hasagot of the Ramban to Sefer HaMitzvot and the Ra'avad' objections at the beginning of the Mishneh Torah which differ and argue that this should not be considered as a positive commandment. See also Hilchot Nedarim1:4 which states that there is a positive Scriptural commandment for a person to carry out an oath or vow he took.
|
| 5. |
For this reveals the reverence and awe in which God's name is held.
|
| 6. |
For that implies drawing a certain equation between that other entity and God.
|
| 7. |
See the Radbaz who explains why the expression: "As God lives and by the life of your soul" (II Kings 2:4, 4:30) is not a contradiction of this principle.
|
| 8. |
When the Jewish people were compelled by God to accept the Torah by oath. One might think that we would apply the principle (see Chapter 5, Halachah 11, and notes) that one oath does not take effect when another is already in effect. Hence, taking the oath would be taking God's name in vain. This is not so as the Rambam continues to explain.
|
| 9. |
Thus if David - a paradigm of pious conduct - could take an oath for this purpose, so can others.
|
| 10. |
In contrast to landed property, servants, and promissory notes (Hilchot To'en V'Nitan 5:1).
|
| 11. |
This situation is referred to by our Sages with the term modeh bimiktzat: "one who admits a portion." See Hilchot To'en V'Nitan 1:1.
|
| 12. |
"Whenever [the testimony of] two [witnesses] would require him to make financial restitution, [the testimony of] one [witness] obligates him to take an oath" (Ibid.).
|
| 13. |
If, however, the plaintiff suspects the defendant is liable, but is unsure of his claim, he cannot require the defendant to take an oath (ibid.:7). Similarly, if the defendant is unsure whether he is liable or not, he may not take a Scriptural oath to absolve himself of responsibility.
The Rambam's statements here are significant in another context. There is a difference of opinion among the Rabbis if a plaintiff who makes a claim that is supported by the testimony of one witness must be certain of the veracity of the claim himself or whether he can be doubtful, but rely on the testimony of the witness. The Maggid Mishneh (in his gloss to Hilchot Gezelah 4:17 and theKessef Mishneh (in his gloss to Hilchot To'en V'Nitan 3:6) maintain that the Rambam follows the latter view. Here, however, it appears otherwise.
|
| 14. |
See ibid.:2; Hilchot Sechirut 1:2; 2:8.
|
| 15. |
The Ma'aseh Rokeach states that the word Shema שמע serves as an acronym for the names of these three oaths: Shomrim, Modeh bimitzat eid echad, שומרים, מודה במקצת, עד אחד
|
| 16. |
See Hilchot Sechirut 11:6 which explains that when an employer denies owing a worker his wage, the worker may take an oath and collect his due.
|
| 17. |
See Hilchot Malveh V'Loveh 14:1.
|
| 18. |
For example, Sh'vuot 44b mentions several other instances when such an oath is required of a defendant: a person who claims that property was stolen from him and their is substantial circumstantial evidence corroborating his claim (see Hilchot Gezeilah 4:2), a storekeeper who disputes a client's claims with regard to payment (Hilchot Mechirah 20:8).
|
| 19. |
See Hilchot Shluchim V'Shutafim 9:1.
|
| 20. |
I.e., in contrast to the oaths mentioned in the previous halachah which were established by the Sages of the Mishnah. Sh'vuot 40b states that this oath was ordained by Rav Nachman, one of the leading Sages in the midst of the era of the Gemara. See Hilchot To'en V'Nitan 1:3.
A defendant is required to take this oath whenever he denies entirely a claim registered against him by a plaintiff.
|
| 21. |
The Seifer Meirat Einayim 75:16 interprets the term heset as meaning "placed upon," i.e., it is an oath which our Sages placed upon a person. Others interpret it as relating to the root meisit, meaning "entice." The purpose of this oath is to entice a defendant to admit an obligation.
|
| 22. |
This will impress him with the seriousness of the matter.
|
| 23. |
The Rama (Choshen Mishpat 87:15) quotes opinions stating that the defendant should not hold the scroll. Instead, it should be placed before him and he should place his hand on it.
|
| 24. |
I.e., he may not sit. Note, however, Halachot 11-12.
|
| 25. |
This term is used to refer to Rav Yosef Migash, the Rambam's teacher, and Rav Yitzchak Alfasi, Rav Yosef's teacher.
|
| 26. |
"The Holy Tongue," i.e., the Hebrew of the Tanach and the Mishnah. With regard to this ruling, see Halachah 14.
|
| 27. |
The Hagahot Maimoniot quote Rashi (Sh'vuot 38b) who states that it has become customary not to administer oaths using God's name, for the awesomeness of the punishment for taking His name in vain would lay waste to the world. This principle is quoted by the Shulchan AruchChoshen Mishpat 87:19).
|
| 28. |
He is referring to himself.
|
| 29. |
See Chapter 2, Halachah 1.
|
| 30. |
For this is equivalent to a judge making an error in a law explicitly stated in the Mishnah, in which instance the law is that the judgment is revoked (Sh'vuot 38b).
The Rama (Choshen Mishpat 87:15) quoutes an opinion that states that a Torah scroll is not required. Any sacred text with God's name is sufficient. Similarly, in one of the Rambam's responsum, he writes that a Chumash is sufficient.
|
| 31. |
For Exodus 12:9 says of tefillin: "So that the Torah of God will be in your mouth."
|
| 32. |
This is a token of respect for him. See Sh'vuot 38b.
The Siftei Cohen 87:41 quotes Rav Hai Gaon who states that the term Torah scholar has been given many definitions, but that employed today is "anyone who puts on tefillin." On this basis, theSiftei Cohen writes that in the present day, there is no difference between Torah scholars and ordinary individuals.
|
| 33. |
See Halachah 8.
|
| 34. |
The Ra'avad states that it is not customary to administer a sh'vuat hesit with God's name in the present age, for we fear that people will take false oaths. Hence to reduce the punishment that might be incurred, God's name is not mentioned. To compensate for that omission, the court should employ various techniques to impress the person taking the oath with the seriousness of the matter. As the Radbaz states, his argument with the Rambam appears to be practical, but not theoretical. In the era of the Talmud, the Rambam's ruling would be followed.
Other authorities do not accept the Rambam's view even theoretically. They maintain that even in the era of the Talmud, a sh'vuat heset was not administered with God's name. The Shulchan Aruch (Choshen Mishpat 87:18) mentions the Rambam's view, but follows that of the other authorities.
|
| 35. |
I.e., even languages other than Lashon HaKodesh.
|
| 36. |
For the Sh'vuot 38b, 39a and the Tosefta, Sotah 7:1 states that an oath can be administered in any language.
|
| 37. |
And a person is liable for a sh'vuat hapikadon only if he understands what he is saying, as stated in Chapter 7, Halachah 7.
|
| 38. |
See Halachah 20.
|
| 39. |
See Halachah 6.
|
| 40. |
In the following two halachot.
|
| 41. |
For the prooftext from Zechariah cited in the admonition is speaking about a definite claim. See also Halachah 19.
|
| 42. |
See also Chapter 12, Halachah 1; Hilchot Teshuvah 1:2.
|
| 43. |
Sh'vuot 39a derives this concept from Ecclesiates 5:5 which states: "Do not let your mouth cause your flesh to sin." "Your mouth" refers to taking a false oath and "your flesh" to one's family."
|
| 44. |
Here the intent is the Jewish people themselves. Our Sages (see Sukkah 29a) use this expression as a euphemism.
|
| 45. |
The Sefer Meirat Einayim 87:58 notes that this concept applies, not only with regard to a false oath, but to all the transgressions mentioned in the Torah. Nevertheless, there is a stringent aspect that applies with regard to a false oath, for with regard to other transgressions, the interrelation affects one when he has the opportunity to rebuke the transgressor and with regard to a false oath, it applies even when one does not have such an opportunity.
|
| 46. |
The Sefer Meirat Einayim 87:60 interprets this as meaning that he is sent away from the court. For once he leaves the court, he cannot change his mind and decide to take the oath.
|
| 47. |
Once the plaintiff has retracted his request for the defendant to take the oath, he is considered to have waived his claim and can no longer prosecute it again. See Hilchot Mechirah 5:1.
|
| 48. |
This malediction refers to the plaintiff as well. For as Sh'vuot 39b states, the negative repercussions of taking the oath affect them both. The Radbaz explains that the plaintiff shares in the responsibility, for he should have been more careful and not entered into a business arrangement without having the matter observed by witnesses. And if the oath is true, he should have been more careful with his accounts, so as not to require God's name to have been employed for such matters.
The Sefer Meirat Einayim 87:61 explains that when the plaintiff sees that the defendant is prepared to take a false oath, he should have offered a compromise rather than continue to pressure him and thus cause God's name to be taken in vain.
|
| 49. |
As stated in Chapter 2, Halachah 15-16, this measure is employed so that later, the defendant will not try to absolve himself saying: "I had this-and-this intent in my heart when taking the oath." Since the oath is being administered to him according to the understanding of others, it is their interpretation that is upheld. See Sh'vuot 29a and Nedarim 25a which speak of a defendant employing deception while taking an oath.
|
| 50. |
Although he does not dispute the Rambam's ruling, the Radbaz questions why an admonition is not administered in these instances. The Meiri and the Sefer Meirat Einayim 87:61 explain that when the plaintiff is making a definite claim, it is one person's word against the other's. Thus there is reason to think that the defendant's oath is false and to prevent him from doing so, we issue this warning. When, however, an oath is taken because of a doubt, the defendant is not being challenged. Hence, there is less reason to suspect that he would take a false oath.
|
| 51. |
For in all situations, it is preferable that an oath not be taken. For this reason, courts have adopted the policy of trying to negotiate compromises in all litigation (Radbaz).
|
| 52. |
See Chapters 7 and 8.
|
| 53. |
I.e., it is one fifth of the new total and not one fifth of the original principal.
|
| 54. |
Chapter 1, Halachah 9.
The Ra'avad writes that at present since God's name is not mentioned in the oath administered by the judges, there is no liability for a guilt offering or to pay the additional fifth.
|
Shvuot - Chapter 12
Halacha 1
Although a person who took a false oath or an oath in vain is given lashes,1 and similarly, one who takes a [false] sh'vuat haedut or sh'vuat hapikadon brings a sacrifice,2 they do not receive complete atonement for the sin of taking a [false] oath, as [Exodus 20:7] states: "God will not cleanse [one who takes His name in vain]." He will not be absolved from the judgment of heaven until he receives retribution for his desecration of [His] great name, as [Leviticus 19:12] states: "[You shall not take a false oath in My name, for] you will desecrate the name of Your God." Therefore a person must be very careful with regard to this sin, more than with regard all other sins.3
Halacha 2
This sin is considered one of the severe transgressions, as explained in Hilchot Teshuvah.4 Although it does not involve kerait or execution by the court, it involves the desecration of [God's] holy name which is more severe than all other sins.
Halacha 3
When a person takes an oath by the heaven and earth, by the sun, or the like, this is not an oath,5 even though his intent is He who created them. Similarly, one who takes an oath by one of the prophets or by one of the texts of the Holy Scriptures, this is not an oath, even if his intent is He who sent the prophet or gave the commandments in this text.6
Although these are not oaths, those who take them are subjected to a severe warning and we teach the people not to act frivolously in this manner. [Indeed,] we make it look as if these are oaths and give them an opening [to ask for their absolution] and absolve them.7
Halacha 4
When does the above apply? With regard to other holy texts. [Different rules apply,] however, when one takes an oath by the Torah.8 If one takes an oath by what is written in [the Torah],9 his intent is by the names of God [it contains].10If one takes an oath by it without any further definition, his intent is on the parchment [of the scroll] and it is not considered as an oath.11 If he took [the scroll] in his hand and took an oath by it,12 it is as if he took an oath by what was written in it and [the matter] is forbidden.13
Halacha 5
[The following rules apply when] a person takes an oath by the Torah without any further definition. If he is a Torah scholar, he does not need to be released by a sage.14 If he is a common person,15 it is necessary that he asked to be released by a sage so that he will not treat oaths frivolously.16
Halacha 6
When a servant takes an oath, his master does not have to compel him [to break the oath to nullify it].17 Instead, his [status] is the same after taking the oath as it was before he did so.18 [The rationale is that] his body is not his property for that the oath he takes will be effective. With regard to oaths, [Numbers 30:3] states: "To forbid something upon one's soul." [Implied is that the verse applies to] someone whose soul is his property. It excludes a servant who is someone else's property. Thus [a servant's taking an oath] is comparable to taking an oath regarding someone else's property.19
Halacha 7
[Even though] minors20 understand the significance of an oath take an oath, they are not obligated [to maintain their commitment].21 [Nevertheless,] we compel them to uphold their word to train them [in the observance of mitzvot] and to impress them with fear so that they do not act frivolously with regard to oaths. If the matter concerning which they took the oath is such that a minor could not maintain without suffering injury,22 e.g., he took an oath that he would fast or that he would not eat meat for a long time, his father or his teacher should beat him and rebuke him, and create the appearance that his oath [took effect, but] was released, so that he will not be habituated to treat oaths frivolously.
Halacha 8
We must be very careful with children and train them to speak words of truth without [resorting to] an oath so that they will not be habituate to swear at all times like gentiles do. This matter is tantamount to an obligation for their parents and for those who teach young children.
Halacha 9
When one hears a colleague mention God's name in vain, take a false oath in his presence, or recite a blessing that is unnecessary in which instance [his colleague] transgresses23 because he takes God's name in vain,24 as we explained in Hilchot Berachot,25 he must place him under a ban of ostracism.26If he does not, he himself should be ostracized. The ban should, however, be lifted immediately so that it will not present an obstacle to others, for they will not know that he was placed under a ban. And if one would say, "Make it known that he [is under ostracism]," the entire populace will be under ban for [people] have already habituated their tongues to iniquity27 and oaths at all times.
Halacha 10
When does the above apply? When the person taking this oath or reciting this blessing in vain does so intentionally? If, however, he does so inadvertently or does not know that this is forbidden,28 [a listener] is not obligated to place him under a ban of ostracism. Indeed, I maintain that it is forbidden to place him under a ban of ostracism, for the Torah did not [prescribe] punishment for an inadvertent transgressor. Instead, one should caution him and warn him not to repeat [the transgression].
Halacha 11
It is not only a false oath that is forbidden. Instead, it is forbidden to mention even one of the names designated for God29 although one does not take an oath. For the verse [Deuteronomy 28:58] commands us, saying: "to fear the glorious and awesome name."30 Included in fearing it is not to mention it in vain.31
Therefore if because of a slip of the tongue, one mentions [God's] name in vain, he should immediately hurry to praise, glorify, and venerate it so that it will not have been mentioned [entirely] in vain. What is implied? If he mentions God's name, he should say: "Blessed be He for all eternity," "He is great and exceedingly praiseworthy,"32 or the like so that it will not have been [mentioned entirely] in vain.
Halacha 12
It is permitted to approach [a sage] to have an oath released as we explained33and there is no fault [in doing so]. [Indeed,] one who has hesitations about the matter is [showing] traces of heresy.34 Nevertheless, it is appropriate to show care in this regard. One should not respond [to a request] to release [an oath] unless it involves a matter concerning a mitzvah or a great need.35 It is of great benefit for a person never to take an oath at all.36If, however, one transgressed and took an oath, he should endure great difficulty and keep his oath,37 as [Psalms 15:4-5] states: "One who takes an oath to his own detriment and does not nullify it..., he who acts in this manner will never falter."
Blessed be God who grants assistance.
| FOOTNOTES | |
| 1. |
Chapter 1, Halachot 3,7.
|
| 2. |
But are not subjected to lashes, Chapter 1, Halachah 8.
|
| 3. |
See Hilchot Yesodei HaTorah 5:10.
The Ra'avad differs and maintains that lashes are sufficient to atone for a person's sin entirely. The Radbaz explains that the sin of taking a false oath is two dimensional, involving not only the particular transgression of taking a false oath, but also the desecration of God's name. The lashes atone for the particular transgression of the false oath, but not for the desecration of God's name. That requires more severe retribution as the Rambam explains.
|
| 4. |
Hilchot Teshuvah 1:2.
|
| 5. |
The Ra'avad states that although one is not liable for a sacrifice or lashes for such an oath, it is forbidden to take such an oath. At first, the Kessef Mishneh states that it is possible that this is also the Rambam's intent, but afterwards, states that the Rambam's wording implies that such statements are not considered oaths at all.
The Radbaz writes (and this understanding is borne out by one of the Rambam's responsa) that according to the Rambam, such an oath is not binding and need not be released. The Ra'avad differs and maintains that such oaths must be released and if they are false, one transgresses the prohibition against taking a false oath. See also the notes to the following halachah.
|
| 6. |
See the following halachah and notes.
|
| 7. |
See Chapter 6, Halachah 10; Hilchot Nedarim 2:12.
|
| 8. |
The Ra'avad differs with this principle, maintaining that there is no difference between the Torah and the other books of the Holy Scriptures with regard to their fundamental holiness. Thus a person who takes an oath by the contents of any of the other books of the Bible is also liable.
The difference between these two understandings depends on whether one understands the passage from Nedarim 14b as referring to only vows (as is explicitly stated, and as is the Ra'avad's understanding) or as apply also to oaths (as the Rambam maintains). The Rama (Yoreh De'ah 212:1) quotes the Rambam's view.
|
| 9. |
I.e., he states that explicitly.
|
| 10. |
In which instance the person is liable for taking an oath, as stated in Chapter 2, Halachah 2.
|
| 11. |
For he is not taking an oath by God's name.
|
| 12. |
The Chatam Sofer (in his commentary to Nedarim 14b) states that the Rambam is referring to an instance where the person specifically picked up the Torah scroll for the purpose of taking an oath. Otherwise, even if he was holding the scroll in his hand before taking the oath, this law would not apply. Rashi understands the passage differently.
|
| 13. |
For by taking the Torah scroll in his hand, the person is implying that he is considering the matter with the seriousness of an oath (Nimukei Yosef).
|
| 14. |
For he knows the distinction mentioned in the previous halachah and thus understands that the oath is not effective and does not intend for it to be binding. Note, however, the Beit Yosef (Yoreh De'ah 212) who severely criticizes scholars who take an oath by the Torah, knowing that it is not effective to deceive the people to whom they are taking the oath.
|
| 15. |
Who does not know the above distinction.
|
| 16. |
As explained in Halachah 3.
|
| 17. |
Note the contrast to the law that applies when a servant takes a Nazirite vow (Hilchot Nazirut 2:7).
|
| 18. |
The Ra'avad, however, maintains that the Rambam's ruling applies only to oaths that will affect the servant's capacity to work. If that is not the case, the oath can take effect. As the Rambam writes in his Commentary to the Mishnah (Nazirut 9:1), there is a difference between vows and oaths in this regard. The Ra'avad's statement will apply with regard to vows, but not to oaths (Or Sameach).
|
| 19. |
Which is not effective as stated in Nedarim 47a. See also Chapter 5, Halachah 1.
|
| 20. |
Boys under 12 and girls under 11. See Hilchot Nedarim 11:1.
|
| 21. |
For they are not liable for any of the Torah's commandments.
|
| 22. |
The Radbaz explains that we are not speaking about a person in mortal danger, for that would apply with regard to an adult as well. Instead, the intent is aggravation or sickness.
|
| 23. |
The commentaries question whether the Rambam's intent is that he has transgressed a Scriptural commandment or merely a Rabbinic one. The Minchat Chinuch (Mitzvah 30) states that the transgression is Scriptural in origin and the violator should be punished by lashing. This opinion is also mentioned by the Magen Avraham 215:6. From the Kessef Mishneh to Hilchot Milah 3:6, it appears that even the Rambam would consider the prohibition as Rabbinic in nature. The latter understanding is shared by many other Rishonim. Their position is - as explained by the Shulchan Aruch HaRav 215:3 - since he is reciting a blessing, his mention of God's name is not entirely frivolous.
|
| 24. |
See the gloss of Rabbi Akiva Eiger who questions the Rambam's statements, based on the ruling that a person who is unsure whether or not he recited the Grace After Meals must recite the blessing again. Seemingly, the recitation of that blessing would be problematic, because there is a doubt whether or not he is required to do so or not. Thus it is possible that he is transgressing a Scriptural commandment.
In resolution, Rabbi Akiva Eiger explains that since the person is obligated to recite the blessing, even if that obligation stems from a doubt, he is not considered to be taking God's name in vain.
|
| 25. |
Chapter 1, Halachah 15.
|
| 26. |
See the concluding chapters of Hilchot Talmud Torah for a description of the implications of this ban.
|
| 27. |
Cf. Jeremiah 9:4.
|
| 28. |
The Turei Zahav 334:18 mentions that the Rambam's view is more lenient than that of the Sefer Mitzvot Gadol who maintains that this leniency applies only when one does not know of the prohibition at all. According to his view, one who knows of the prohibition, but accidentally recites a blessing in vain must be placed under ban.
|
| 29. |
I.e., the seven names for God mentioned in Hilchot Yesodei HaTorah, ch. 6.
|
| 30. |
See Sefer HaMitzvot (positive commandment 4) which quotes Sanhedrin 56a and Temurah 4a as deriving this concept from another prooftext (Deuteronomy 6:13).
|
| 31. |
For one does not treat something that is truly revered with such carelessness.
|
| 32. |
See Hilchot Berachot 4:10 which states that when a person recites a blessing in vain, he should say Baruch shem kevod malchuto leolam va'ed, "Blessed be the name of His glorious kingdom forever."
|
| 33. |
Chapter 6, Halachah 1.
|
| 34. |
For this indicates that he does not accept the Oral Tradition that Moses communicated. For the release of vows is not explicitly stated in the Torah, but instead communicated by the Oral Tradition, as stated above.
|
| 35. |
See Chapter 6, Halachot 9-10 which gives examples of such situations.
|
| 36. |
For it is possible that unwittingly, he could take a false oath and thus bring severe retribution upon himself and others. See Gittin 35a which explains how a woman unknowingly took a false oath and caused one of her sons to die.
|
| 37. |
See Hilchot Nedarim 1:4 which states that keeping an oath or a vow fulfills a Scriptural mitzvah. Nevertheless, there is a difference between oaths and vows. As the Ra'avad (see also Hilchot Nedarim 13:25) mentions, it is desirable to have vows released. Oaths, by contrast, should be observed and not released.
|
• Wednesday, Nissan 12, 5775 · 04/01/2015
"Today's Day"
Haftora: Ve'arba'a anashim. At Mincha say Avadim hayinu (Passover Haggada).
Torah lessons: Chumash: Metzora, Shvi'i with Rashi.
Tehillim: 66-68.
Tanya: He should also (p. 207)...subservient to Him..." (p. 207).
From the time of the exodus from Egypt the Jewish people are called the "Army of G-d."1 They are also called "servants." The difference is this: A servant performs his master's service which may be on many different levels; he may work at the delicate craft of threading pearls, he may do other kinds of expert work or he may perform simple tasks. His service involves great toil and labor, but this does not constitutemesirat nefesh - a willingness to sacrifice self, to lay down one's life. Soldiers are servants who serve with great toil and labor and with self sacrifice, in wars of defense or attack. The soldiers stand at their posts with the highest degree of stalwart determination, undeterred by the opposing enemy; their service is not one of comprehension, for they act according to the orders of their commander.
The Jews in Egypt were utterly degraded under their severe and bitter affliction. Yet, despite it all, they did not change their names, their language, or their distinctive clothing. With absolute determination they stood at their posts, for they knew that G-d had promised to redeem them.
Whoever behaves as they did under such circumstances is a soldier in the Army of G-d, and the Al-mighty will come to his assistance in a manner that manifests itself in nature - yet transcends nature.
FOOTNOTES
1. Sh'mot 12:41.
Daily Thought:
Leaving Egypt
The biblical slavery of Egypt represents bondage to your own self.
Every day, every moment, must be an exodus from the self.
If you’re not leaving Egypt, you’re already back there.
____________________________
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