Torah Reading
Shemini (Leviticus 9:1 On the eighth day, Moshe called Aharon, his sons and the leaders of Isra’el, 2 and said to Aharon, “Take a male calf for a sin offering and a ram for a burnt offering, both without defect, and offer them before Adonai. 3 Then tell the people of Isra’el, ‘Take a male goat for a sin offering and a calf and a lamb, both a year old and without defect, for a burnt offering, 4 and an ox and a ram for peace offerings, to sacrifice before Adonai; also a grain offering mixed with olive oil — because today Adonai is going to appear to you.’” 5 They brought what Moshe had ordered before the tent of meeting, and the whole community approached and stood before Adonai.
Shemini (Leviticus 9:1 On the eighth day, Moshe called Aharon, his sons and the leaders of Isra’el, 2 and said to Aharon, “Take a male calf for a sin offering and a ram for a burnt offering, both without defect, and offer them before Adonai. 3 Then tell the people of Isra’el, ‘Take a male goat for a sin offering and a calf and a lamb, both a year old and without defect, for a burnt offering, 4 and an ox and a ram for peace offerings, to sacrifice before Adonai; also a grain offering mixed with olive oil — because today Adonai is going to appear to you.’” 5 They brought what Moshe had ordered before the tent of meeting, and the whole community approached and stood before Adonai.
6 Moshe said, “This is what Adonai has ordered you to do, so that the glory of Adonai will appear to you.” 7 Moshe told Aharon, “Approach the altar, offer your sin offering and burnt offering, and make atonement for yourself and the people. Then present the offering of the people and make atonement for them, as Adonai ordered.” 8 So Aharon approached the altar and slaughtered the calf of the sin offering which was for himself. 9 The sons of Aharon presented the blood to him; and he dipped his finger in the blood and put it on the horns of the altar; then he poured out the blood at the base of the altar. 10 But the fat, the kidneys and the covering of the liver of the sin offering he made go up in smoke on the altar, as Adonai had ordered Moshe. 11 The meat and the skin were burned up completely outside the camp.
12 Next he slaughtered the burnt offering; Aharon’s sons brought him the blood, and he splashed it against all sides of the altar. 13 They brought him the burnt offering, piece by piece, and the head; and he made them go up in smoke on the altar. 14 He washed the inner organs and the lower parts of the legs and made them go up in smoke on top of the burnt offering on the altar.
15 Then the people’s offering was presented. He took the goat of the sin offering which was for the people, slaughtered it and offered it for sin, like the earlier sin offering. 16 The burnt offering was presented, and he offered it in the prescribed manner. (ii) 17 The grain offering was presented; he took a handful of it and made it go up in smoke on the altar, in addition to the morning’s burnt offering. 18 He slaughtered the ox and the ram, the people’s sacrifice as peace offerings; Aharon’s sons brought him the blood, which he splashed against all sides of the altar, 19 and the fat of the ox and of the ram — the fat tail, the fat which covers the inner organs, the kidneys and the covering of the liver. 20 They put the fat on the breasts, and he made the fat go up in smoke on the altar. 21 The breasts and right thigh Aharon waved as a wave offering before Adonai, as Moshe had ordered.
22 Aharon raised his hands toward the people, blessed them and came down from offering the sin offering, the burnt offering and the peace offerings. 23 Moshe and Aharon entered the tent of meeting, came out and blessed the people. Then the glory of Adonai appeared to all the people! (iii) 24 Fire came forth from the presence of Adonai, consuming the burnt offering and the fat on the altar. When all the people saw it, they shouted and fell on their faces.
10:1 But Nadav and Avihu, sons of Aharon, each took his censer, put fire in it, laid incense on it, and offered unauthorized fire before Adonai, something he had not ordered them to do. 2 At this, fire came forth from the presence of Adonai and consumed them, so that they died in the presence of Adonai. 3 Moshe said to Aharon, “This is what Adonai said:
‘Through those who are near me I will be consecrated,
and before all the people I will be glorified.’”
Aharon kept silent.
4 Moshe called Misha’el and Eltzafan, sons of ‘Uzi’el Aharon’s uncle, and told them, “Come here, and carry your cousins away from in front of the sanctuary to a place outside the camp.” 5 They approached and carried them in their tunics out of the camp, as Moshe had said.
6 Then Moshe told Aharon and his sons El‘azar and Itamar, “Don’t unbind your hair or tear your clothes in mourning, so that you won’t die and so that Adonai won’t be angry with the entire community. Rather, let your kinsmen — the whole house of Isra’el — mourn, because of the destruction Adonai brought about with his fire. 7 Moreover, don’t leave the entrance to the tent of meeting, or you will die, because Adonai’s anointing oil is on you.”
8 Adonai said to Aharon, 9 “Don’t drink any wine or other intoxicating liquor, neither you nor your sons with you, when you enter the tent of meeting, so that you will not die. This is to be a permanent regulation through all your generations, 10 so that you will distinguish between the holy and the common, and between the unclean and the clean; 11 and so that you will teach the people of Isra’el all the laws Adonai has told them through Moshe.”
(iv) 12 Moshe said to Aharon and to El‘azar and Itamar, his remaining sons, “Take the grain offering left from the offerings for Adonai made by fire, and eat it without leaven next to the altar, because it is especially holy. 13 Eat it in a holy place, because it is your and your sons’ share of the offerings for Adonai made by fire; for this is what I have been ordered. 14 The breast that was waved and the thigh that was raised you are to eat in a clean place — you, your sons and your daughters with you; for these are given as your and your children’s share of the sacrifices of the peace offerings presented by the people of Isra’el. 15 They are to bring the raised thigh and the waved breast, along with the offerings of fat made by fire, and wave it as a wave offering before Adonai; then it will belong to you and your descendants with you as your perpetual share, as Adonai has ordered.”
(v) 16 Then Moshe carefully investigated what had happened to the goat of the sin offering and discovered that it had been burned up. He became angry with El‘azar and Itamar, the remaining sons of Aharon, and asked, 17 “Why didn’t you eat the sin offering in the area of the sanctuary, since it is especially holy? He gave it to you to take away the guilt of the community, to make atonement for them before Adonai. 18 Look! Its blood wasn’t brought into the sanctuary! You should have eaten it there in the sanctuary, as I ordered.” 19 Aharon answered Moshe, “Even though they offered their sin offering and burnt offering today, things like these have happened to me! If I had eaten the sin offering today, would it have pleased Adonai?” 20 On hearing this reply, Moshe was satisfied.
11:1 (vi) Adonai said to Moshe and Aharon, 2 “Tell the people of Isra’el, ‘These are the living creatures which you may eat among all the land animals: 3 any that has a separate hoof which is completely divided and chews the cud — these animals you may eat. 4-6 But you are not to eat those that only chew the cud or only have a separate hoof. For example, the camel, the coney and the hare are unclean for you, because they chew the cud but don’t have a separate hoof; 7 while the pig is unclean for you, because, although it has a separate and completely divided hoof, it doesn’t chew the cud. 8 You are not to eat meat from these or touch their carcasses; they are unclean for you.
9 “‘Of all the things that live in the water, you may eat these: anything in the water that has fins and scales, whether in seas or in rivers — these you may eat. 10 But everything in the seas and rivers without both fins and scales, of all the small water-creatures and of all the living creatures in the water, is a detestable thing for you. 11 Yes, these will be detestable for you — you are not to eat their meat, and you are to detest their carcasses. 12 Whatever lacks fins and scales in the water is a detestable thing for you.
13 “‘The following creatures of the air are to be detestable for you — they are not to be eaten, they are a detestable thing: the eagle, the vulture, the osprey, 14 the kite, the various kinds of buzzards, 15 the various kinds of ravens, 16 the ostrich, the screech-owl, the seagull, the various kinds of hawks, 17 the little owl, the cormorant, the great owl, 18 the horned owl, the pelican, the barn owl, 19 the stork, the various kinds of herons, the hoopoe and the bat.
20 “‘All winged swarming creatures that go on all fours are a detestable thing for you; 21 except that of all winged swarming creatures that go on all fours, you may eat those that have jointed legs above their feet, enabling them to jump off the ground. 22 Specifically, of these you may eat the various kinds of locusts, grasshoppers, katydids and crickets. 23 But other than that, all winged swarming creatures having four feet are a detestable thing for you.
24 “‘The following will make you unclean; whoever touches the carcass of them will be unclean until evening, 25 and whoever picks up any part of their carcass is to wash his clothes and be unclean until evening: 26 every animal that has a separate but incompletely divided hoof or that doesn’t chew the cud is unclean for you; anyone who touches them will become unclean. 27 Whatever goes on its paws, among all animals that go on all fours, is unclean for you; whoever touches its carcass will be unclean until evening; 28 and whoever picks up its carcass is to wash his clothes and be unclean until evening — these are unclean for you.
29 “‘The following are unclean for you among the small creatures that swarm on the ground: the weasel, the mouse, the various kinds of lizards, 30 the gecko, the land crocodile, the skink, the sand-lizard and the chameleon. 31 They are unclean crawling creatures; whoever touches them when they are dead will be unclean until evening. 32 Anything on which one of them falls when dead will become unclean — wooden utensil, article of clothing, leather, sacking — any utensil used for work; it must be put in water, and it will be unclean until evening; then it will be clean. (vii) 33 If one of them falls into a clay pot, whatever is in it will become unclean, and you are to break the pot. 34 Any food permitted to be eaten that water from such a vessel gets on will become unclean, and any permitted liquid in such a vessel will become unclean. 35 Everything on which any carcass-part of theirs falls will become unclean, whether oven or stove; it is to be broken in pieces — they are unclean and will be unclean for you; 36 although a spring or cistern for collecting water remains clean. But anyone who touches one of their carcasses will become unclean. 37 If any carcass-part of theirs falls on any kind of seed to be sown, it is clean; 38 but if water is put on the seed and a carcass-part of theirs falls on it, it is unclean for you.
39 “‘If an animal of a kind that you are permitted to eat dies, whoever touches its carcass will be unclean until evening. 40 A person who eats meat from its carcass or carries its carcass is to wash his clothes; he will be unclean until evening.
41 “‘Any creature that swarms on the ground is a detestable thing; it is not to be eaten — 42 whatever moves on its stomach, goes on all fours, or has many legs — all creatures that swarm on the ground; you are not to eat them, because they are a detestable thing. 43 You are not to make yourselves detestable with any of these swarming, crawling creatures; do not make yourselves unclean with them, do not defile yourselves with them. 44 For I am Adonai your God; therefore, consecrate yourselves and be holy, for I am holy; and do not defile yourselves with any kind of swarming creature that moves along the ground. (Maftir) 45 For I am Adonai, who brought you up out of the land of Egypt to be your God. Therefore you are to be holy, because I am holy.
46 “‘Such, then, is the law concerning animals, flying creatures, all living creatures that move about in the water, and all creatures that swarm on the ground. 47 Its purpose is to distinguish between the unclean and the clean, and between the creatures that may be eaten and those that may not be eaten.’”)
Today's Laws & Customs:
• Blessing the New Month
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Iyar, which falls on Sunday and Monday of next week.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon. Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms);The Farbrengen
• Ethics of the Fathers: Chapter 1
In preparation for the festival of Shavuot, we study one of the six chapters of the Talmud's Ethics of the Fathers ("Avot") on the afternoon of each of the six Shabbatot between Passover and Shavuot; this week, being the first Shabbat after Passover, we study Chapter One. (In many communities -- and such is the Chabad custom -- the study cycle is repeated through the summer, until the Shabbat before Rosh Hashanah.)
Link: Ethics of the Fathers, Chapter 1
• Count "Fifteen Days to the Omer" Tonight
Tomorrow is the fifteenth day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer fortomorrow's date tonight, after nightfall: "Today is fifteen days, which are two weeks and one day, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Chessed sheb'Tifferet -- "Kindness in Harmony"
The teachings of Kabbalah explain that there are seven "Divine Attributes" --Sefirot -- that G-d assumes through which to relate to our existence: Chessed,Gevurah, Tifferet, Netzach, Hod, Yesod and Malchut ("Love", "Strength", "Beauty", "Victory", "Splendor", "Foundation" and "Sovereignty"). In the human being, created in the "image of G-d," the seven sefirot are mirrored in the seven "emotional attributes" of the human soul: Kindness, Restraint, Harmony, Ambition, Humility, Connection and Receptiveness. Each of the seven attributes contain elements of all seven--i.e., "Kindness in Kindness", "Restraint in Kindness", "Harmony in Kindness", etc.--making for a total of forty-nine traits. The 49-day Omer Count is thus a 49-step process of self-refinement, with each day devoted to the "rectification" and perfection of one the forty-nine "sefirot."
Links:
How to count the Omer
The deeper significance of the Omer Count
Daily Study:
Chitas and Rambam for today:
Chumash: Shemini, 7th Portion Leviticus 11:33-11:47 with Rashi
• Chapter 11
33But any earthenware vessel, into whose interior any of them falls, whatever is inside it shall become unclean, and you shall break [the vessel] itself. לגוְכָל כְּלִי חֶרֶשׂ אֲשֶׁר יִפֹּל מֵהֶם אֶל תּוֹכוֹ כֹּל אֲשֶׁר בְּתוֹכוֹ יִטְמָא וְאֹתוֹ תִשְׁבֹּרוּ:
into whose interior: An earthenware vessel becomes unclean only through [the defiling item entering] its inner space [even if it does not touch the vessel wall. If it touches the outer wall, however, the vessel does not become unclean]. — [Chul. 24b] אל תוכו: אין כלי חרס מיטמא אלא מאוירו:
whatever is inside it becomes unclean: The vessel in turn defiles whatever is in its inner space (other editions: in its interior). כל אשר בתוכו יטמא: הכלי חוזר ומטמא מה שבאוירו:
and you shall break [the vessel] itself: This teaches us that it [an earthenware vessel] cannot be purified in a mikvah. [Consequently, if you wish to use it, you must break it so that it cannot be used for its original use.]- [Torath Kohanim 11:132] ואתו תשבורו: למד שאין לו טהרה במקוה:
34Of any food that is [usually] eaten, upon which water comes will become unclean, and any beverage that is [usually] drunk, which is in any vessel, shall become unclean. לדמִכָּל הָאֹכֶל אֲשֶׁר יֵאָכֵל אֲשֶׁר יָבוֹא עָלָיו מַיִם יִטְמָא וְכָל מַשְׁקֶה אֲשֶׁר יִשָּׁתֶה בְּכָל כְּלִי יִטְמָא:
Of any food that is [usually] eaten: This refers back to the preceding verse, [as if to say]: whatever is inside it shall become unclean… of any food that is [usually] eaten, upon which water comes-if it is inside an unclean earthenware vessel-will become unclean. Likewise, any liquid that is [usually] drunk, in any vessel, meaning that it is in the inner space of an unclean earthenware vessel, will become unclean. From here we learn many things. We learn that food becomes predisposed and prepared to contract uncleanness only if water had, at one time, come upon it. And once water has come upon it, the food can contract uncleanness forever, even if it is dry. Wine, oil, and whatever is called a beverage (מַשְׁקֶה) predisposes seeds to receive uncleanness, just as water [does] (Torath Kohanim 11:135). [The liquids that fall under the category of מַשְׁקֶה are: water, dew, oil, wine, milk, blood, and bee-honey.] For our verse [here] is to be expounded as follows: “upon which water comes will become unclean, or any beverage that is [usually] drunk, which is in any vessel, it shall become unclean.” [I.e.] the food [will become unclean]. Our rabbis also learned from this verse that an item with a secondary degree of uncleanness does not defile vessels, for we learned (Shab. 138b): One might think that all vessels would become defiled [when they enter] the inner space of an [unclean] earthenware vessel; Scripture, therefore, says (verses 3334): כֹּל אֲשֶׁר בְּתוֹכוֹ יִטְמָא [lit., “anything inside it becomes unclean]… מִכָּל הָאֹכֶל [lit., of any food]”; i.e., food and liquid are defiled by the inner space of an [unclean] earthenware vessel, but [other] vessels do not become defiled by the inner space of an [unclean] earthenware vessel. Because a שֶׁרֶץ is a primary source of uncleanness (אָב הַטֻּמְאָה), and the vessel that becomes defiled by it is a secondary source of uncleanness (וְלָד הַטֻּמְאָה). Consequently, it does not in turn defile [other] vessels contained within it. We also learned [from this verse] that if a שֶׁרֶץ fell into the inner space of an [earthenware] oven that contained bread, and the שֶׁרֶץ did not touch the bread, the oven becomes [defiled with] first degree [uncleanness], while the bread is [defiled with] second degree [uncleanness. In this case,] we do not say that the oven is perceived as though it were “filled with uncleanness,” so that the bread contained within becomes [defiled as well with] first degree [uncleanness], for if we were to say so, no vessel would be excluded from becoming defiled by the inner space of an earthenware vessel since uncleanness itself has directly touched the surface of this second vessel (Shab. 138b). We also learned [from this verse] about the contact of water [with food]-that this predisposes seeds [to receive uncleanness] only if the water wetted the seeds after they had been detached from the earth. For, if one were to say that they become predisposed [to contract uncleanness] while still attached [to the ground], there is [no food produce] upon which no water has come [at one time or another]. In that case, why would [Scripture] tell us: “upon which water comes”? [It must therefore mean: after it has been detached from the earth] (Torath Kohanim 11:150). We also learned [from this verse] that [unclean] food will defile other items only if the food has a [minimum] volume equal to a [hen’s] egg, as it is said, “[Any food] that is [usually] eaten,” meaning: [the amount of] food that can be eaten at one time. And our Sages estimated that the pharynx cannot hold more than [the volume of] a hen’s egg" (Yoma 80a). מכל האכל אשר יאכל: מוסב על מקרא העליון, כל אשר בתוכו יטמא, מכל האוכל אשר יאכל אשר יבא עליו מים והוא בתוך כלי חרס הטמא, יטמא. וכן כל משקה אשר ישתה בכל כלי, והוא בתוך כלי חרס הטמא, יטמא. למדנו מכאן דברים הרבה למדנו שאין אוכל מוכשר ומתוקן לקבל טומאה עד שיבאו עליו מים פעם אחת, ומשבאו עליו מים פעם אחת מקבל טומאה לעולם ואפילו נגוב. והיין והשמן וכל הנקרא משקה מכשיר זרעים לטומאה כמים. שכך יש לדרוש המקרא אשר יבא עליו מים או כל משקה אשר ישתה בכל כלי יטמא האוכל. ועוד למדו רבותינו מכאן, שאין ולד הטומאה מטמא כלים, שכך שנינו יכול יהיו כל הכלים מיטמאין מאויר כלי חרס, תלמוד לומר כל אשר בתוכו יטמא מכל האוכל, אוכל מיטמא מאויר כלי חרס, ואין כל הכלים מיטמאין מאויר כלי חרס, לפי שהשרץ אב הטומאה והכלי, שנטמא ממנו, ולד הטומאה, לפיכך אינו חוזר ומטמא כלים שבתוכו. ולמדנו עוד, שהשרץ שנפל לאויר תנור והפת בתוכו, ולא נגע השרץ בפת, התנור ראשון והפת שנייה. ולא נאמר רואין את התנור כאלו מלא טומאה ותהא הפת תחלה, שאם אתה אומר כן לא נתמעטו כל הכלים מלהטמא מאויר כלי חרס, שהרי טומאה עצמה נגעה בהן מגבן. ולמדנו עוד על ביאת מים, שאינה מכשרת זרעים אלא אם כן נפלו עליהן משנתלשו, שאם אתה אומר מקבלין הכשר במחובר, אין לך שלא באו עליו מים, ומהו אומר אשר יבוא עליו מים, משנתלשו. ולמדנו עוד שאין אוכל מטמא אחרים אלא אם כן יש בו כביצה, שנאמר אשר יאכל, אוכל הנאכל בבת אחת, ושיערו חכמים אין בית הבליעה מחזיק יותר מביצת תרנגולת:
35And anything upon which any of their carcasses of these [animals] fall, will become unclean. [Thus,] an oven or stove shall be demolished; they are unclean, and, they shall be unclean for you. להוְכֹל אֲשֶׁר יִפֹּל מִנִּבְלָתָם | עָלָיו יִטְמָא תַּנּוּר וְכִירַיִם יֻתָּץ טְמֵאִים הֵם וּטְמֵאִים יִהְיוּ לָכֶם:
oven or stove: They are movable objects, made of earthenware, and they have a hollow inside [i.e., an inner space]; and one places the pot over the opening of the cavity. Both have their openings on the top [rather than on the side. See Shab. 38b.] תנור וכירים: כלים המטלטלין הם, והם של חרס ויש להן תוך, ושופת את הקדרה על נקב החלל ושניהם פיהם למעלה:
shall be demolished: Because an earthenware vessel cannot be purified by immersion [in a mikvah]. יתץ: שאין לכלי חרס טהרה בטבילה:
and they shall be unclean for you: Lest you say, “I am commanded to demolish them,” Scripture says, “they shall be unclean for you” [meaning that] if you wish to keep them in their unclean state, you are permitted [to do so]. — [Torath Kohanim 11:142] וטמאים יהיו לכם: שלא תאמר מצווה אני לנותצם, תלמוד לומר וטמאים יהיו לכם, אם רצה לקיימן בטומאתן רשאי:
36But a spring or a cistern, a gathering of water remains clean. However, one who touches their carcass shall become unclean. לואַךְ מַעְיָן וּבוֹר מִקְוֵה מַיִם יִהְיֶה טָהוֹר וְנֹגֵעַ בְּנִבְלָתָם יִטְמָא:
But a spring or a cistern, a gathering of water: which are attached to the ground, do not contract uncleanness. We also learn from the phrase יִהְיֶה טָהוֹר [lit., “he will be clean”] that anyone who immerses in these [collections of water] “will become clean” from his uncleanness. — [see Pes. 16a] אך מעין ובור מקוה מים: המחוברים לקרקע, אין מקבלין טומאה. ועוד יש לך ללמוד יהיה טהור הטובל בהם מטומאתו:
However, one who touches their carcass shall become unclean: If someone touches the uncleanness [of their carcasses] even while he is inside a spring or a cistern, he becomes unclean. Lest you say, [It can be derived from a] kal vachomer : “If [these collections of water] purify defiled [people] from their uncleanness, how much more so should they prevent a clean [person standing inside them] from becoming defiled!” Therefore, [Scripture] says, “ one who touches their carcass shall become unclean.” - [Torath Kohanim 11:146] ונוגע בנבלתם יטמא: אפילו הוא בתוך מעין ובור ונוגע בנבלתם יטמא, שלא תאמר קל וחומר אם מטהר את הטמאים מטומאתם, קל וחומר שיציל את הטהור מליטמא, לכך נאמר ונוגע בנבלתם יטמא:
37And if of their carcass falls upon any sowing seed which is to be sown, it remains clean. לזוְכִי יִפֹּל מִנִּבְלָתָם עַל כָּל זֶרַע זֵרוּעַ אֲשֶׁר יִזָּרֵעַ טָהוֹר הוּא:
a sowing seed which is to be sown: [This refers to] the sowing of [various] kinds of seeds (זֵרוּעַ). [The word] זֵרוּעַ [lit., “something which is planted,”] is a noun, as in the verse, “and let them give us some pulse (הַזֵּרֹעִים) ” (Dan. 1:12). זרע זרוע: זריעה של מיני זרעונין. זרוע שם דבר הוא, כמו (דניאל א יב) ויתנו לנו מן הזרועים:
it remains clean: Scripture teaches you that it is not predisposed and prepared to be regarded as “food [fit] to receive uncleanness” until water has come upon it. טהור הוא: למדך הכתוב שלא הוכשר ונתקן לקרות אוכל לקבל טומאה, עד שיבואו עליו מים:
38But if water is put upon seeds, and any of their carcass falls on them, they are unclean for you. לחוְכִי יֻתַּן מַיִם עַל זֶרַע וְנָפַל מִנִּבְלָתָם עָלָיו טָמֵא הוּא לָכֶם:
But if water is put upon seeds: after they have been detached [from the ground]. For if you say that [produce] attached [to the ground] can become predisposed [to receive uncleanness], then there would be no seed that would remain unprepared [to receive uncleanness, since all plants are watered]. — [Chul. 118b] וכי יתן מים על זרע: לאחר שנתלש, שאם תאמר יש הכשר במחובר, אין לך זרע שלא הוכשר:
water…upon seeds: [The law applies] both to water and to other beverages, whether they fell on the seed or the seed fell into them. All this is expounded on in Torath Kohanim (11:151, 152). מים על זרע: בין מים בין שאר משקין, בין נפלו הם על הזרע, בין הזרע נפל לתוכן, הכל נדרש בתורת כהנים:
and any of their carcass falls on them: even if they have dried, for the Torah was particular only it should be regarded as “food,” then as soon as it has become predisposed to contract uncleanness once [by becoming wet], this predisposition can never be removed from it. ונפל מנבלתם עליו: אף משנגב מן המים, שלא הקפידה תורה אלא להיות עליו שם אוכל, ומשירד עליו הכשר קבלת טומאה פעם אחת, שוב אינו נעקר הימנו:
39If an animal that you [normally] eat, dies, one who touches its carcass shall be unclean until evening. לטוְכִי יָמוּת מִן הַבְּהֵמָה אֲשֶׁר הִיא לָכֶם לְאָכְלָה הַנֹּגֵעַ בְּנִבְלָתָהּ יִטְמָא עַד הָעָרֶב:
[one who touches] its carcass: [but] not its bones or its sinews, nor its horns, hooves or hide [unless they are attached to the carcass]. — [Torath Kohanim 11:159] בנבלתה: ולא בעצמות וגידים ולא בקרנים וטלפים ולא בעור:
40And one who eats of its carcass shall immerse his garments, and he shall be unclean until evening. And one who carries its carcass shall immerse his garments, and he shall be unclean until evening. מוְהָאֹכֵל מִנִּבְלָתָהּ יְכַבֵּס בְּגָדָיו וְטָמֵא עַד הָעָרֶב וְהַנֹּשֵׂא אֶת נִבְלָתָהּ יְכַבֵּס בְּגָדָיו וְטָמֵא עַד הָעָרֶב:
And one who carries its carcass: טֻמְאַת מַשָּׂא [uncleanness resulting from lifting up an unclean item, even without touching it, e.g., by lifting it up with a stick,] is more stringent than טֻמְאַת מַגָּע [uncleanness resulting from touching an unclean item], for one who lifts [a carcass, in addition to becoming unclean himself, also] defiles his garments, but one who [merely] touches it does not defile his garments, for regarding him it does not say, “he shall immerse his garments.” והנשא את נבלתה: חמורה טומאת משא מטומאת מגע, שהנושא מטמא בגדים, והנוגע אין בגדיו טמאין, שלא נאמר בו יכבס בגדיו:
And one who eats of its carcass: One might think that his eating renders him unclean. However, when [Scripture] says, regarding the carcass of a clean bird, “He shall not eat carrion or one stricken by a fatal disease or injury, to be defiled through it” (Lev. 22:8), [the seemingly superfluous word] בָהּ [“through it,” is explained as follows]: One defiles his garments “through it,” [i.e.,] through eating it, but the carcass of an animal does not defile if one eats it without lifting it up. For example, if someone else forced it down his pharynx. If so, why does it say, “And one who eats [of its carcass]”? To specify the [minimum] volume [needed to render someone unclean] through his touching or lifting up [an unclean carcass], namely, the volume that one [normally] eats [at a time], namely, the size of an olive," [half the volume of a hen’s egg] (Torath Kohanim 11:16). [One should note that, for food to defile other items, it must have a minimum volume possibly edible at one time, namely, equal to that of a hen’s egg. See Rashi on Lev. 11:34]. והאכל מנבלתה: יכול תטמאנו אכילתו, כשהוא אומר בנבלת עוף טהור (ויקרא כב ח) נבלה וטרפה לא יאכל לטמאה בה, אותה מטמאה בגדים באכילתה, ואין נבלת בהמה מטמאה בגדים באכילתה בלא משא, כגון אם תחבה לו חבירו בבית הבליעה, אם כן מה תלמוד לומר האוכל, ליתן שיעור לנושא ולנוגע כדי אכילה והוא כזית:
and he shall be unclean until evening: Even though he has already immersed himself, he requires sunset [in order to be completely clean]. וטמא עד הערב: אף על פי שטבל צריך הערב שמש:
41And any creeping creature that creeps on the ground is an abomination; it shall not be eaten. מאוְכָל הַשֶּׁרֶץ הַשֹּׁרֵץ עַל הָאָרֶץ שֶׁקֶץ הוּא לֹא יֵאָכֵל:
that creeps on the ground: This comes to exclude mites founds in chickpeas and in beans, and the pea-beetles found in lentils, since they did not creep on the ground but within the food [which was already detached from the ground]. However, when they exit into the air and creep, they become prohibited [because they fall into the category of שֶׁרֶץ, those that “creep on the ground”]. — [Torath Kohanim 11:161] השרץ על הארץ: להוציא את היתושין שבכליסין ושבפולין ואת הזיזין שבעדשים, שהרי לא שרצו על הארץ אלא בתוך האוכל, אבל משיצאו לאויר ושרצו הרי נאסרו:
it shall not be eaten: [This phrase comes] to render guilty someone who feeds a person [with the flesh of a creeping animal] just as if he would have eaten it [himself] (Torath Kohanim 11:162). A שֶׁרֶץ means a low, short-legged creature, which appears [in its motion] only as if slithering and moving. לא יאכל: לחייב על המאכיל כאוכל. ואין קרוי שרץ אלא דבר נמוך קצר רגלים, שאינו נראה אלא כרוחש ונד:
42Any [creature] that goes on its belly, and any [creature] that walks on four [legs] to any [creature] that has many legs, among all creeping creatures that creep on the ground, you shall not eat, for they are an abomination. מבכֹּל הוֹלֵךְ עַל גָּחוֹן וְכֹל | הוֹלֵךְ עַל אַרְבַּע עַד כָּל מַרְבֵּה רַגְלַיִם לְכָל הַשֶּׁרֶץ הַשֹּׁרֵץ עַל הָאָרֶץ לֹא תֹאכְלוּם כִּי שֶׁקֶץ הֵם:
that goes on its belly: This is the snake (Torath Kohanim 11:163). The word גָּחוֹן denotes “bending low” [and it is used to describe the snake] because it moves while bent a prostrated posture, prostrated on its belly. הולך על גחון: זה נחש, ולשון גחון שחייה, שהולך שח ונופל על מעיו:
Any [creature] that goes: [This comes] to include earthworms and what resembles those that resemble them [i.e., that have tiny legs, but nevertheless slither like a worm on their bellies]. — [Torath Kohanim 11:163] כל הולך: להביא השלשולין ואת הדומה לדומה:
that walks on four [legs]: This [refers to] a scorpion. — [Torath Kohanim 11:163] הולך על ארבע: זה עקרב:
any [creature]: [This word comes] to include the beetle, called escarbot in French, and what resembles those that resemble them. — [Torath Kohanim 11:163] כל: להביא את החפושית אישקרבו"ט בלע"ז [חיפושית] ואת הדומה לדומה:
any [creature] that has many legs: This is the centipede, a creature with legs from its head to its tail, on either side, called centipede [in French]. — [Torath Kohanim 11:163] מרבה רגלים: זה נדל שרץ שיש לו רגלים מראשו ועד זנבו לכאן ולכאן, וקורין ציינפיי"ש [נדל]:
43You shall not make yourselves abominable with any creeping creature that creeps, and you shall not defile yourselves with them, that you should become unclean through them. מגאַל תְּשַׁקְּצוּ אֶת נַפְשֹׁתֵיכֶם בְּכָל הַשֶּׁרֶץ הַשֹּׁרֵץ וְלֹא תִטַּמְּאוּ בָּהֶם וְנִטְמֵתֶם בָּם:
You shall not make [yourselves] abominable: By eating them, for it says: נַפְשֹׁתֵיכֶם, “your souls” [lit., “Do not make your souls abominable”], and merely touching [an unclean item] does not cause “abomination of the soul” [whereas eating it does. See Me’ilah 16b, Rashi there]; similarly, “and you shall not defile yourselves” [means] by eating them. אל תשקצו: באכילתן, שהרי כתיב נפשותיכם, ואין שיקוץ נפש במגע, וכן ולא תטמאו באכילתן:
that you should become unclean through them: [God says:] “If you defile yourselves through these [creatures] on earth, I too will defile you in the world to come and in the heavenly academy.” - [Yoma 39a] ונטמתם בם: אם אתם מטמאין בהם בארץ אף אני מטמא אתכם בעולם הבא ובישיבת מעלה:
44For I am the Lord your God, and you shall sanctify yourselves and be holy, because I am holy, and you shall not defile yourselves through any creeping creature that crawls on the ground. מדכִּי אֲנִי יְהֹוָה אֱלֹהֵיכֶם וְהִתְקַדִּשְׁתֶּם וִהְיִיתֶם קְדשִׁים כִּי קָדוֹשׁ אָנִי וְלֹא תְטַמְּאוּ אֶת נַפְשֹׁתֵיכֶם בְּכָל הַשֶּׁרֶץ הָרֹמֵשׂ עַל הָאָרֶץ:
For I am the Lord your God: Just as I am holy, for I am the Lord your God, so too, you shall make yourselves holy, [i.e.,] sanctify yourselves below [on earth]. — [Torath Kohanim 11:168] כי אני ה' אלהיכם: כשם שאני קדוש שאני ה' אלהיכם, כך והתקדשתם קדשו עצמכם למטה:
and be holy: before Me, for I will make you holy above and in the world to come. — [Yoma 39a] והייתם קדשים: לפי שאני אקדש אתכם למעלה ובעולם הבא:
and you shall not defile yourselves: [This prohibition is written to make a transgressor guilty of] transgressing many negative commandments. And for [the transgression of] each negative commandment, [the perpetrator receives] lashes. This is what [the Sages said in the Talmud (Mak. 16): “If one eats a פּוּטִיתָא [a small unclean aquatic creature], one receives four series of lashes [i.e., four separate series of lashes for the four negative commandments transgressed by eating that one creature]; if one eats an ant, one receives five series of lashes; if one eats a hornet, [he receives] six series of lashes” (Mak. 16b). ולא תטמאו וגו': לעבור עליהם בלאוין הרבה. וכל לאו מלקות, וזהו שאמרו בתלמוד [מכות טז] אכל פוטיתא לוקה ארבע, נמלה לוקה חמש, צרעה לוקה שש:
45For I am the Lord Who has brought you up from the land of Egypt to be your God. Thus, you shall be holy, because I am holy. מהכִּי | אֲנִי יְהֹוָה הַמַּעֲלֶה אֶתְכֶם מֵאֶרֶץ מִצְרַיִם לִהְיֹת לָכֶם לֵאלֹהִים וִהְיִיתֶם קְדשִׁים כִּי קָדוֹשׁ אָנִי:
For I am the Lord Who has brought you up: On the condition that you accept My commandments, I have brought you up [out of Egypt] (Torath Kohanim 11:170). Another explanation of “For I am the Lord Who has brought you up” : Everywhere [Scripture] says, “Who has brought [you] out(הוֹצֵאתִי) [of the land of Egypt],” while here it says, “Who has brought [you] up (הַמַּעֲלֶה).” [What is the meaning of the unusual expression here of bringing up?] the school of Rabbi Ishmael taught: [God says,] “If I had brought up Israel from Egypt only so that they would not defile themselves with creeping creatures like the other nations, it would have been sufficient for them, and this is an exaltation for them.” This, then, explains [the use of] the expression הַמַּעֲלֶה - [B.M. 61b] כי אני ה' המעלה אתכם: על מנת שתקבלו מצותי העליתי אתכם. דבר אחר כי אני ה' המעלה אתכם, בכולן כתיב והוצאתי, וכאן כתיב המעלה, תנא דבי רבי ישמעאל אלמלי לא העליתי את ישראל ממצרים אלא בשביל שאין מטמאין בשרצים כשאר אומות, דיים, ומעליותא היא גבייהו, זהו לשון מעלה:
46This is the law regarding animals, birds, all living creatures that move in water and all creatures that creep on the ground, מוזֹאת תּוֹרַת הַבְּהֵמָה וְהָעוֹף וְכֹל נֶפֶשׁ הַחַיָּה הָרֹמֶשֶׂת בַּמָּיִם וּלְכָל נֶפֶשׁ הַשֹּׁרֶצֶת עַל הָאָרֶץ:
47to distinguish between the unclean and the clean, and between the animal that may be eaten and the animal that may not be eaten. מזלְהַבְדִּיל בֵּין הַטָּמֵא וּבֵין הַטָּהֹר וּבֵין הַחַיָּה הַנֶּאֱכֶלֶת וּבֵין הַחַיָּה אֲשֶׁר לֹא תֵאָכֵל:
to distinguish: Not only must you learn [these laws concerning prohibited creatures in order to know the laws for the sake of knowing Torah], but also you shall know and recognize [these creatures], and be proficient [in identifying] them. להבדיל: לא בלבד השונה, אלא שתהא יודע ומכיר ובקי בהן:
between the unclean and the clean: But is it necessary [for Scripture] to state [that we should know] the difference between [kosher and non-kosher animals such as] a donkey and a cow, when these [differences] have already been explained? Rather, [what is meant here, is to distinguish] between what is unclean because of you and what is clean because of you, namely between [an animal] whose trachea was slaughtered halfway through [which is considered “unclean” and may not be eaten], and [an animal] who had most of its trachea slaughtered, [rendering the animal “clean” and it may be eaten]. — [Torath Kohanim 11:173:7] בין הטמא ובין הטהר: צריך לומר בין חמור לפרה והלא כבר מפורשים הם, אלא בין טמאה לך לטהורה לך, בין נשחט חציו של קנה לנשחט רובו:
and between the animal that may be eaten: Does [Scripture] have to tell us [that one must be able to distinguish] between a deer and a wild donkey? Are they not already delineated? Rather, [to distinguish] between [an animal] in which signs of a treifah have developed, and it is nevertheless kosher [such as an animal whose injury does not render it treifah], and an animal in which signs of a treifah have developed, and it is not kosher. - [Torath Kohanim 11:173:8] ובין החיה הנאכלת: צריך לומר בין צבי לערוד, והלא כבר מפורשים הם, אלא בין שנולדו בה סימני טרפה כשרה, לנולדו בה סימני טרפה פסולה:
Daily Tehillim: Psalms Chapters 140 - 144
• Chapter 140
• Lessons in Tanya
• Shabbat, Nissan 29, 5775 · April 18, 2015
Rambam:
• Sefer Hamitzvos:
Shabbat, Nissan 29, 5775 · April 18, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 130
Tithes for the Poor
"At the end of three years, you shall bring forth all the tithes of your produce"—Deuteronomy14:28.
We are commanded to separate a tenth of our harvest [in addition to the First Tithe given to the Levites] on the third and sixth year of the seven-year Shemitah cycle, and give it to the poor.
[During these two years, this tithe substitutes the Second Tithe.]
This biblical precept only applies in the Land of Israel.
Positive Commandment 195
Charity
"You shall surely open your hand "—Deuteronomy 15:8.
We are commanded to give charity to the indigent, to relieve them of their distress. We are commanded to feed the needy and provide them with whatever they lack.
Even a pauper who is sustained by charity is obligated to fulfill this mitzvah—by giving charity (even if only a pittance) to someone needier than himself, or someone in a similar predicament.
Negative Commandment 232
Ignoring a Needy Person
"Do not harden your heart nor shut your hand from your destitute brother"—Deuteronomy 15:7.
It is forbidden to be stingy and withhold charity and relief from our needy brethren—if we are aware of their desperate situation and have the means to assist them.
• 1 Chapter: Shabbos Shabbos - Chapter Seventeen
• Shabbat, Nissan 29, 5775 · 04/18/2015
"Today's Day"
Torah lessons: Chumash: K'doshim, Shlishi with Rashi.
Tehillim: 140-144.
Tanya: A great and more (p. 233)...will become nature. (p. 235).
The Introduction to "Likutei Torah On Three Parshiot" is the maamar which begins, "To understand the matter of the G-dly soul; it is written, You shall not eat ..."1. This maamarwas originally said by the Alter Rebbe to the Tzemach Tzedek. The Tzemach Tzedek repeated the maamar in the Alter Rebbe's presence, who then said to him, "Nu, and the flavoring?" The Tzemach Tzedek then wrote a transcript of the maamar with parenthetical notes. The Alter Rebbe reviewed and corrected the transcript and ordered that the parenthetical notes be entered as part of the body of the maamar text.
At my father's suggestion this maamar was selected to serve as an introduction to the "Likutei Torah (On Three Parshiot," of the Rebbe Maharash).
FOOTNOTES
1. Vayikra 19:26.Daily Thought:
Redefining the Past
Nothing can hold you back—not your childhood, not the history of a lifetime, not even the very last moment before now. In a moment you can abandon your past. And once abandoned, you can redefine it.
If the past was a ring of futility, let it become a wheel of yearning that drives you forward. If the past was a brick wall, let it become a dam to unleash your power.
The very first step of change is so powerful, the boundaries of time fall aside. In one bittersweet moment, the sting of the past is dissolved and its honey salvaged.
____________________________
• Blessing the New Month
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Iyar, which falls on Sunday and Monday of next week.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon. Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms);The Farbrengen
• Ethics of the Fathers: Chapter 1
In preparation for the festival of Shavuot, we study one of the six chapters of the Talmud's Ethics of the Fathers ("Avot") on the afternoon of each of the six Shabbatot between Passover and Shavuot; this week, being the first Shabbat after Passover, we study Chapter One. (In many communities -- and such is the Chabad custom -- the study cycle is repeated through the summer, until the Shabbat before Rosh Hashanah.)
Link: Ethics of the Fathers, Chapter 1
• Count "Fifteen Days to the Omer" Tonight
Tomorrow is the fifteenth day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer fortomorrow's date tonight, after nightfall: "Today is fifteen days, which are two weeks and one day, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Chessed sheb'Tifferet -- "Kindness in Harmony"
The teachings of Kabbalah explain that there are seven "Divine Attributes" --Sefirot -- that G-d assumes through which to relate to our existence: Chessed,Gevurah, Tifferet, Netzach, Hod, Yesod and Malchut ("Love", "Strength", "Beauty", "Victory", "Splendor", "Foundation" and "Sovereignty"). In the human being, created in the "image of G-d," the seven sefirot are mirrored in the seven "emotional attributes" of the human soul: Kindness, Restraint, Harmony, Ambition, Humility, Connection and Receptiveness. Each of the seven attributes contain elements of all seven--i.e., "Kindness in Kindness", "Restraint in Kindness", "Harmony in Kindness", etc.--making for a total of forty-nine traits. The 49-day Omer Count is thus a 49-step process of self-refinement, with each day devoted to the "rectification" and perfection of one the forty-nine "sefirot."
Links:
How to count the Omer
The deeper significance of the Omer Count
Daily Study:
Chitas and Rambam for today:
Chumash: Shemini, 7th Portion Leviticus 11:33-11:47 with Rashi
• Chapter 11
33But any earthenware vessel, into whose interior any of them falls, whatever is inside it shall become unclean, and you shall break [the vessel] itself. לגוְכָל כְּלִי חֶרֶשׂ אֲשֶׁר יִפֹּל מֵהֶם אֶל תּוֹכוֹ כֹּל אֲשֶׁר בְּתוֹכוֹ יִטְמָא וְאֹתוֹ תִשְׁבֹּרוּ:
into whose interior: An earthenware vessel becomes unclean only through [the defiling item entering] its inner space [even if it does not touch the vessel wall. If it touches the outer wall, however, the vessel does not become unclean]. — [Chul. 24b] אל תוכו: אין כלי חרס מיטמא אלא מאוירו:
whatever is inside it becomes unclean: The vessel in turn defiles whatever is in its inner space (other editions: in its interior). כל אשר בתוכו יטמא: הכלי חוזר ומטמא מה שבאוירו:
and you shall break [the vessel] itself: This teaches us that it [an earthenware vessel] cannot be purified in a mikvah. [Consequently, if you wish to use it, you must break it so that it cannot be used for its original use.]- [Torath Kohanim 11:132] ואתו תשבורו: למד שאין לו טהרה במקוה:
34Of any food that is [usually] eaten, upon which water comes will become unclean, and any beverage that is [usually] drunk, which is in any vessel, shall become unclean. לדמִכָּל הָאֹכֶל אֲשֶׁר יֵאָכֵל אֲשֶׁר יָבוֹא עָלָיו מַיִם יִטְמָא וְכָל מַשְׁקֶה אֲשֶׁר יִשָּׁתֶה בְּכָל כְּלִי יִטְמָא:
Of any food that is [usually] eaten: This refers back to the preceding verse, [as if to say]: whatever is inside it shall become unclean… of any food that is [usually] eaten, upon which water comes-if it is inside an unclean earthenware vessel-will become unclean. Likewise, any liquid that is [usually] drunk, in any vessel, meaning that it is in the inner space of an unclean earthenware vessel, will become unclean. From here we learn many things. We learn that food becomes predisposed and prepared to contract uncleanness only if water had, at one time, come upon it. And once water has come upon it, the food can contract uncleanness forever, even if it is dry. Wine, oil, and whatever is called a beverage (מַשְׁקֶה) predisposes seeds to receive uncleanness, just as water [does] (Torath Kohanim 11:135). [The liquids that fall under the category of מַשְׁקֶה are: water, dew, oil, wine, milk, blood, and bee-honey.] For our verse [here] is to be expounded as follows: “upon which water comes will become unclean, or any beverage that is [usually] drunk, which is in any vessel, it shall become unclean.” [I.e.] the food [will become unclean]. Our rabbis also learned from this verse that an item with a secondary degree of uncleanness does not defile vessels, for we learned (Shab. 138b): One might think that all vessels would become defiled [when they enter] the inner space of an [unclean] earthenware vessel; Scripture, therefore, says (verses 3334): כֹּל אֲשֶׁר בְּתוֹכוֹ יִטְמָא [lit., “anything inside it becomes unclean]… מִכָּל הָאֹכֶל [lit., of any food]”; i.e., food and liquid are defiled by the inner space of an [unclean] earthenware vessel, but [other] vessels do not become defiled by the inner space of an [unclean] earthenware vessel. Because a שֶׁרֶץ is a primary source of uncleanness (אָב הַטֻּמְאָה), and the vessel that becomes defiled by it is a secondary source of uncleanness (וְלָד הַטֻּמְאָה). Consequently, it does not in turn defile [other] vessels contained within it. We also learned [from this verse] that if a שֶׁרֶץ fell into the inner space of an [earthenware] oven that contained bread, and the שֶׁרֶץ did not touch the bread, the oven becomes [defiled with] first degree [uncleanness], while the bread is [defiled with] second degree [uncleanness. In this case,] we do not say that the oven is perceived as though it were “filled with uncleanness,” so that the bread contained within becomes [defiled as well with] first degree [uncleanness], for if we were to say so, no vessel would be excluded from becoming defiled by the inner space of an earthenware vessel since uncleanness itself has directly touched the surface of this second vessel (Shab. 138b). We also learned [from this verse] about the contact of water [with food]-that this predisposes seeds [to receive uncleanness] only if the water wetted the seeds after they had been detached from the earth. For, if one were to say that they become predisposed [to contract uncleanness] while still attached [to the ground], there is [no food produce] upon which no water has come [at one time or another]. In that case, why would [Scripture] tell us: “upon which water comes”? [It must therefore mean: after it has been detached from the earth] (Torath Kohanim 11:150). We also learned [from this verse] that [unclean] food will defile other items only if the food has a [minimum] volume equal to a [hen’s] egg, as it is said, “[Any food] that is [usually] eaten,” meaning: [the amount of] food that can be eaten at one time. And our Sages estimated that the pharynx cannot hold more than [the volume of] a hen’s egg" (Yoma 80a). מכל האכל אשר יאכל: מוסב על מקרא העליון, כל אשר בתוכו יטמא, מכל האוכל אשר יאכל אשר יבא עליו מים והוא בתוך כלי חרס הטמא, יטמא. וכן כל משקה אשר ישתה בכל כלי, והוא בתוך כלי חרס הטמא, יטמא. למדנו מכאן דברים הרבה למדנו שאין אוכל מוכשר ומתוקן לקבל טומאה עד שיבאו עליו מים פעם אחת, ומשבאו עליו מים פעם אחת מקבל טומאה לעולם ואפילו נגוב. והיין והשמן וכל הנקרא משקה מכשיר זרעים לטומאה כמים. שכך יש לדרוש המקרא אשר יבא עליו מים או כל משקה אשר ישתה בכל כלי יטמא האוכל. ועוד למדו רבותינו מכאן, שאין ולד הטומאה מטמא כלים, שכך שנינו יכול יהיו כל הכלים מיטמאין מאויר כלי חרס, תלמוד לומר כל אשר בתוכו יטמא מכל האוכל, אוכל מיטמא מאויר כלי חרס, ואין כל הכלים מיטמאין מאויר כלי חרס, לפי שהשרץ אב הטומאה והכלי, שנטמא ממנו, ולד הטומאה, לפיכך אינו חוזר ומטמא כלים שבתוכו. ולמדנו עוד, שהשרץ שנפל לאויר תנור והפת בתוכו, ולא נגע השרץ בפת, התנור ראשון והפת שנייה. ולא נאמר רואין את התנור כאלו מלא טומאה ותהא הפת תחלה, שאם אתה אומר כן לא נתמעטו כל הכלים מלהטמא מאויר כלי חרס, שהרי טומאה עצמה נגעה בהן מגבן. ולמדנו עוד על ביאת מים, שאינה מכשרת זרעים אלא אם כן נפלו עליהן משנתלשו, שאם אתה אומר מקבלין הכשר במחובר, אין לך שלא באו עליו מים, ומהו אומר אשר יבוא עליו מים, משנתלשו. ולמדנו עוד שאין אוכל מטמא אחרים אלא אם כן יש בו כביצה, שנאמר אשר יאכל, אוכל הנאכל בבת אחת, ושיערו חכמים אין בית הבליעה מחזיק יותר מביצת תרנגולת:
35And anything upon which any of their carcasses of these [animals] fall, will become unclean. [Thus,] an oven or stove shall be demolished; they are unclean, and, they shall be unclean for you. להוְכֹל אֲשֶׁר יִפֹּל מִנִּבְלָתָם | עָלָיו יִטְמָא תַּנּוּר וְכִירַיִם יֻתָּץ טְמֵאִים הֵם וּטְמֵאִים יִהְיוּ לָכֶם:
oven or stove: They are movable objects, made of earthenware, and they have a hollow inside [i.e., an inner space]; and one places the pot over the opening of the cavity. Both have their openings on the top [rather than on the side. See Shab. 38b.] תנור וכירים: כלים המטלטלין הם, והם של חרס ויש להן תוך, ושופת את הקדרה על נקב החלל ושניהם פיהם למעלה:
shall be demolished: Because an earthenware vessel cannot be purified by immersion [in a mikvah]. יתץ: שאין לכלי חרס טהרה בטבילה:
and they shall be unclean for you: Lest you say, “I am commanded to demolish them,” Scripture says, “they shall be unclean for you” [meaning that] if you wish to keep them in their unclean state, you are permitted [to do so]. — [Torath Kohanim 11:142] וטמאים יהיו לכם: שלא תאמר מצווה אני לנותצם, תלמוד לומר וטמאים יהיו לכם, אם רצה לקיימן בטומאתן רשאי:
36But a spring or a cistern, a gathering of water remains clean. However, one who touches their carcass shall become unclean. לואַךְ מַעְיָן וּבוֹר מִקְוֵה מַיִם יִהְיֶה טָהוֹר וְנֹגֵעַ בְּנִבְלָתָם יִטְמָא:
But a spring or a cistern, a gathering of water: which are attached to the ground, do not contract uncleanness. We also learn from the phrase יִהְיֶה טָהוֹר [lit., “he will be clean”] that anyone who immerses in these [collections of water] “will become clean” from his uncleanness. — [see Pes. 16a] אך מעין ובור מקוה מים: המחוברים לקרקע, אין מקבלין טומאה. ועוד יש לך ללמוד יהיה טהור הטובל בהם מטומאתו:
However, one who touches their carcass shall become unclean: If someone touches the uncleanness [of their carcasses] even while he is inside a spring or a cistern, he becomes unclean. Lest you say, [It can be derived from a] kal vachomer : “If [these collections of water] purify defiled [people] from their uncleanness, how much more so should they prevent a clean [person standing inside them] from becoming defiled!” Therefore, [Scripture] says, “ one who touches their carcass shall become unclean.” - [Torath Kohanim 11:146] ונוגע בנבלתם יטמא: אפילו הוא בתוך מעין ובור ונוגע בנבלתם יטמא, שלא תאמר קל וחומר אם מטהר את הטמאים מטומאתם, קל וחומר שיציל את הטהור מליטמא, לכך נאמר ונוגע בנבלתם יטמא:
37And if of their carcass falls upon any sowing seed which is to be sown, it remains clean. לזוְכִי יִפֹּל מִנִּבְלָתָם עַל כָּל זֶרַע זֵרוּעַ אֲשֶׁר יִזָּרֵעַ טָהוֹר הוּא:
a sowing seed which is to be sown: [This refers to] the sowing of [various] kinds of seeds (זֵרוּעַ). [The word] זֵרוּעַ [lit., “something which is planted,”] is a noun, as in the verse, “and let them give us some pulse (הַזֵּרֹעִים) ” (Dan. 1:12). זרע זרוע: זריעה של מיני זרעונין. זרוע שם דבר הוא, כמו (דניאל א יב) ויתנו לנו מן הזרועים:
it remains clean: Scripture teaches you that it is not predisposed and prepared to be regarded as “food [fit] to receive uncleanness” until water has come upon it. טהור הוא: למדך הכתוב שלא הוכשר ונתקן לקרות אוכל לקבל טומאה, עד שיבואו עליו מים:
38But if water is put upon seeds, and any of their carcass falls on them, they are unclean for you. לחוְכִי יֻתַּן מַיִם עַל זֶרַע וְנָפַל מִנִּבְלָתָם עָלָיו טָמֵא הוּא לָכֶם:
But if water is put upon seeds: after they have been detached [from the ground]. For if you say that [produce] attached [to the ground] can become predisposed [to receive uncleanness], then there would be no seed that would remain unprepared [to receive uncleanness, since all plants are watered]. — [Chul. 118b] וכי יתן מים על זרע: לאחר שנתלש, שאם תאמר יש הכשר במחובר, אין לך זרע שלא הוכשר:
water…upon seeds: [The law applies] both to water and to other beverages, whether they fell on the seed or the seed fell into them. All this is expounded on in Torath Kohanim (11:151, 152). מים על זרע: בין מים בין שאר משקין, בין נפלו הם על הזרע, בין הזרע נפל לתוכן, הכל נדרש בתורת כהנים:
and any of their carcass falls on them: even if they have dried, for the Torah was particular only it should be regarded as “food,” then as soon as it has become predisposed to contract uncleanness once [by becoming wet], this predisposition can never be removed from it. ונפל מנבלתם עליו: אף משנגב מן המים, שלא הקפידה תורה אלא להיות עליו שם אוכל, ומשירד עליו הכשר קבלת טומאה פעם אחת, שוב אינו נעקר הימנו:
39If an animal that you [normally] eat, dies, one who touches its carcass shall be unclean until evening. לטוְכִי יָמוּת מִן הַבְּהֵמָה אֲשֶׁר הִיא לָכֶם לְאָכְלָה הַנֹּגֵעַ בְּנִבְלָתָהּ יִטְמָא עַד הָעָרֶב:
[one who touches] its carcass: [but] not its bones or its sinews, nor its horns, hooves or hide [unless they are attached to the carcass]. — [Torath Kohanim 11:159] בנבלתה: ולא בעצמות וגידים ולא בקרנים וטלפים ולא בעור:
40And one who eats of its carcass shall immerse his garments, and he shall be unclean until evening. And one who carries its carcass shall immerse his garments, and he shall be unclean until evening. מוְהָאֹכֵל מִנִּבְלָתָהּ יְכַבֵּס בְּגָדָיו וְטָמֵא עַד הָעָרֶב וְהַנֹּשֵׂא אֶת נִבְלָתָהּ יְכַבֵּס בְּגָדָיו וְטָמֵא עַד הָעָרֶב:
And one who carries its carcass: טֻמְאַת מַשָּׂא [uncleanness resulting from lifting up an unclean item, even without touching it, e.g., by lifting it up with a stick,] is more stringent than טֻמְאַת מַגָּע [uncleanness resulting from touching an unclean item], for one who lifts [a carcass, in addition to becoming unclean himself, also] defiles his garments, but one who [merely] touches it does not defile his garments, for regarding him it does not say, “he shall immerse his garments.” והנשא את נבלתה: חמורה טומאת משא מטומאת מגע, שהנושא מטמא בגדים, והנוגע אין בגדיו טמאין, שלא נאמר בו יכבס בגדיו:
And one who eats of its carcass: One might think that his eating renders him unclean. However, when [Scripture] says, regarding the carcass of a clean bird, “He shall not eat carrion or one stricken by a fatal disease or injury, to be defiled through it” (Lev. 22:8), [the seemingly superfluous word] בָהּ [“through it,” is explained as follows]: One defiles his garments “through it,” [i.e.,] through eating it, but the carcass of an animal does not defile if one eats it without lifting it up. For example, if someone else forced it down his pharynx. If so, why does it say, “And one who eats [of its carcass]”? To specify the [minimum] volume [needed to render someone unclean] through his touching or lifting up [an unclean carcass], namely, the volume that one [normally] eats [at a time], namely, the size of an olive," [half the volume of a hen’s egg] (Torath Kohanim 11:16). [One should note that, for food to defile other items, it must have a minimum volume possibly edible at one time, namely, equal to that of a hen’s egg. See Rashi on Lev. 11:34]. והאכל מנבלתה: יכול תטמאנו אכילתו, כשהוא אומר בנבלת עוף טהור (ויקרא כב ח) נבלה וטרפה לא יאכל לטמאה בה, אותה מטמאה בגדים באכילתה, ואין נבלת בהמה מטמאה בגדים באכילתה בלא משא, כגון אם תחבה לו חבירו בבית הבליעה, אם כן מה תלמוד לומר האוכל, ליתן שיעור לנושא ולנוגע כדי אכילה והוא כזית:
and he shall be unclean until evening: Even though he has already immersed himself, he requires sunset [in order to be completely clean]. וטמא עד הערב: אף על פי שטבל צריך הערב שמש:
41And any creeping creature that creeps on the ground is an abomination; it shall not be eaten. מאוְכָל הַשֶּׁרֶץ הַשֹּׁרֵץ עַל הָאָרֶץ שֶׁקֶץ הוּא לֹא יֵאָכֵל:
that creeps on the ground: This comes to exclude mites founds in chickpeas and in beans, and the pea-beetles found in lentils, since they did not creep on the ground but within the food [which was already detached from the ground]. However, when they exit into the air and creep, they become prohibited [because they fall into the category of שֶׁרֶץ, those that “creep on the ground”]. — [Torath Kohanim 11:161] השרץ על הארץ: להוציא את היתושין שבכליסין ושבפולין ואת הזיזין שבעדשים, שהרי לא שרצו על הארץ אלא בתוך האוכל, אבל משיצאו לאויר ושרצו הרי נאסרו:
it shall not be eaten: [This phrase comes] to render guilty someone who feeds a person [with the flesh of a creeping animal] just as if he would have eaten it [himself] (Torath Kohanim 11:162). A שֶׁרֶץ means a low, short-legged creature, which appears [in its motion] only as if slithering and moving. לא יאכל: לחייב על המאכיל כאוכל. ואין קרוי שרץ אלא דבר נמוך קצר רגלים, שאינו נראה אלא כרוחש ונד:
42Any [creature] that goes on its belly, and any [creature] that walks on four [legs] to any [creature] that has many legs, among all creeping creatures that creep on the ground, you shall not eat, for they are an abomination. מבכֹּל הוֹלֵךְ עַל גָּחוֹן וְכֹל | הוֹלֵךְ עַל אַרְבַּע עַד כָּל מַרְבֵּה רַגְלַיִם לְכָל הַשֶּׁרֶץ הַשֹּׁרֵץ עַל הָאָרֶץ לֹא תֹאכְלוּם כִּי שֶׁקֶץ הֵם:
that goes on its belly: This is the snake (Torath Kohanim 11:163). The word גָּחוֹן denotes “bending low” [and it is used to describe the snake] because it moves while bent a prostrated posture, prostrated on its belly. הולך על גחון: זה נחש, ולשון גחון שחייה, שהולך שח ונופל על מעיו:
Any [creature] that goes: [This comes] to include earthworms and what resembles those that resemble them [i.e., that have tiny legs, but nevertheless slither like a worm on their bellies]. — [Torath Kohanim 11:163] כל הולך: להביא השלשולין ואת הדומה לדומה:
that walks on four [legs]: This [refers to] a scorpion. — [Torath Kohanim 11:163] הולך על ארבע: זה עקרב:
any [creature]: [This word comes] to include the beetle, called escarbot in French, and what resembles those that resemble them. — [Torath Kohanim 11:163] כל: להביא את החפושית אישקרבו"ט בלע"ז [חיפושית] ואת הדומה לדומה:
any [creature] that has many legs: This is the centipede, a creature with legs from its head to its tail, on either side, called centipede [in French]. — [Torath Kohanim 11:163] מרבה רגלים: זה נדל שרץ שיש לו רגלים מראשו ועד זנבו לכאן ולכאן, וקורין ציינפיי"ש [נדל]:
43You shall not make yourselves abominable with any creeping creature that creeps, and you shall not defile yourselves with them, that you should become unclean through them. מגאַל תְּשַׁקְּצוּ אֶת נַפְשֹׁתֵיכֶם בְּכָל הַשֶּׁרֶץ הַשֹּׁרֵץ וְלֹא תִטַּמְּאוּ בָּהֶם וְנִטְמֵתֶם בָּם:
You shall not make [yourselves] abominable: By eating them, for it says: נַפְשֹׁתֵיכֶם, “your souls” [lit., “Do not make your souls abominable”], and merely touching [an unclean item] does not cause “abomination of the soul” [whereas eating it does. See Me’ilah 16b, Rashi there]; similarly, “and you shall not defile yourselves” [means] by eating them. אל תשקצו: באכילתן, שהרי כתיב נפשותיכם, ואין שיקוץ נפש במגע, וכן ולא תטמאו באכילתן:
that you should become unclean through them: [God says:] “If you defile yourselves through these [creatures] on earth, I too will defile you in the world to come and in the heavenly academy.” - [Yoma 39a] ונטמתם בם: אם אתם מטמאין בהם בארץ אף אני מטמא אתכם בעולם הבא ובישיבת מעלה:
44For I am the Lord your God, and you shall sanctify yourselves and be holy, because I am holy, and you shall not defile yourselves through any creeping creature that crawls on the ground. מדכִּי אֲנִי יְהֹוָה אֱלֹהֵיכֶם וְהִתְקַדִּשְׁתֶּם וִהְיִיתֶם קְדשִׁים כִּי קָדוֹשׁ אָנִי וְלֹא תְטַמְּאוּ אֶת נַפְשֹׁתֵיכֶם בְּכָל הַשֶּׁרֶץ הָרֹמֵשׂ עַל הָאָרֶץ:
For I am the Lord your God: Just as I am holy, for I am the Lord your God, so too, you shall make yourselves holy, [i.e.,] sanctify yourselves below [on earth]. — [Torath Kohanim 11:168] כי אני ה' אלהיכם: כשם שאני קדוש שאני ה' אלהיכם, כך והתקדשתם קדשו עצמכם למטה:
and be holy: before Me, for I will make you holy above and in the world to come. — [Yoma 39a] והייתם קדשים: לפי שאני אקדש אתכם למעלה ובעולם הבא:
and you shall not defile yourselves: [This prohibition is written to make a transgressor guilty of] transgressing many negative commandments. And for [the transgression of] each negative commandment, [the perpetrator receives] lashes. This is what [the Sages said in the Talmud (Mak. 16): “If one eats a פּוּטִיתָא [a small unclean aquatic creature], one receives four series of lashes [i.e., four separate series of lashes for the four negative commandments transgressed by eating that one creature]; if one eats an ant, one receives five series of lashes; if one eats a hornet, [he receives] six series of lashes” (Mak. 16b). ולא תטמאו וגו': לעבור עליהם בלאוין הרבה. וכל לאו מלקות, וזהו שאמרו בתלמוד [מכות טז] אכל פוטיתא לוקה ארבע, נמלה לוקה חמש, צרעה לוקה שש:
45For I am the Lord Who has brought you up from the land of Egypt to be your God. Thus, you shall be holy, because I am holy. מהכִּי | אֲנִי יְהֹוָה הַמַּעֲלֶה אֶתְכֶם מֵאֶרֶץ מִצְרַיִם לִהְיֹת לָכֶם לֵאלֹהִים וִהְיִיתֶם קְדשִׁים כִּי קָדוֹשׁ אָנִי:
For I am the Lord Who has brought you up: On the condition that you accept My commandments, I have brought you up [out of Egypt] (Torath Kohanim 11:170). Another explanation of “For I am the Lord Who has brought you up” : Everywhere [Scripture] says, “Who has brought [you] out(הוֹצֵאתִי) [of the land of Egypt],” while here it says, “Who has brought [you] up (הַמַּעֲלֶה).” [What is the meaning of the unusual expression here of bringing up?] the school of Rabbi Ishmael taught: [God says,] “If I had brought up Israel from Egypt only so that they would not defile themselves with creeping creatures like the other nations, it would have been sufficient for them, and this is an exaltation for them.” This, then, explains [the use of] the expression הַמַּעֲלֶה - [B.M. 61b] כי אני ה' המעלה אתכם: על מנת שתקבלו מצותי העליתי אתכם. דבר אחר כי אני ה' המעלה אתכם, בכולן כתיב והוצאתי, וכאן כתיב המעלה, תנא דבי רבי ישמעאל אלמלי לא העליתי את ישראל ממצרים אלא בשביל שאין מטמאין בשרצים כשאר אומות, דיים, ומעליותא היא גבייהו, זהו לשון מעלה:
46This is the law regarding animals, birds, all living creatures that move in water and all creatures that creep on the ground, מוזֹאת תּוֹרַת הַבְּהֵמָה וְהָעוֹף וְכֹל נֶפֶשׁ הַחַיָּה הָרֹמֶשֶׂת בַּמָּיִם וּלְכָל נֶפֶשׁ הַשֹּׁרֶצֶת עַל הָאָרֶץ:
47to distinguish between the unclean and the clean, and between the animal that may be eaten and the animal that may not be eaten. מזלְהַבְדִּיל בֵּין הַטָּמֵא וּבֵין הַטָּהֹר וּבֵין הַחַיָּה הַנֶּאֱכֶלֶת וּבֵין הַחַיָּה אֲשֶׁר לֹא תֵאָכֵל:
to distinguish: Not only must you learn [these laws concerning prohibited creatures in order to know the laws for the sake of knowing Torah], but also you shall know and recognize [these creatures], and be proficient [in identifying] them. להבדיל: לא בלבד השונה, אלא שתהא יודע ומכיר ובקי בהן:
between the unclean and the clean: But is it necessary [for Scripture] to state [that we should know] the difference between [kosher and non-kosher animals such as] a donkey and a cow, when these [differences] have already been explained? Rather, [what is meant here, is to distinguish] between what is unclean because of you and what is clean because of you, namely between [an animal] whose trachea was slaughtered halfway through [which is considered “unclean” and may not be eaten], and [an animal] who had most of its trachea slaughtered, [rendering the animal “clean” and it may be eaten]. — [Torath Kohanim 11:173:7] בין הטמא ובין הטהר: צריך לומר בין חמור לפרה והלא כבר מפורשים הם, אלא בין טמאה לך לטהורה לך, בין נשחט חציו של קנה לנשחט רובו:
and between the animal that may be eaten: Does [Scripture] have to tell us [that one must be able to distinguish] between a deer and a wild donkey? Are they not already delineated? Rather, [to distinguish] between [an animal] in which signs of a treifah have developed, and it is nevertheless kosher [such as an animal whose injury does not render it treifah], and an animal in which signs of a treifah have developed, and it is not kosher. - [Torath Kohanim 11:173:8] ובין החיה הנאכלת: צריך לומר בין צבי לערוד, והלא כבר מפורשים הם, אלא בין שנולדו בה סימני טרפה כשרה, לנולדו בה סימני טרפה פסולה:
Daily Tehillim: Psalms Chapters 140 - 144
• Chapter 140
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
Tanya: Likutei Amarim, beginning of Chapter 43• Lessons in Tanya
• Shabbat, Nissan 29, 5775 · April 18, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 43
The Alter Rebbe explained in the previous chapter that every Jew has the ability to attainyirah tata‘ah, the lower level of fear of G‑d. This enables him to perform all the positive commandments and refrain from transgressing all the negative commandments. In the present chapter the Alter Rebbe goes on to explain the two levels of fear of G‑d, yirah tata’ah andyirah ila‘ah, the lower and higher levels of fear respectively.
This distinction clarifies a seeming contradiction. The Mishnah first states:1 “If there is no wisdom, there is no fear [of G‑d].” Wisdom must precede fear. But the Mishnah then goes on to say: “If there is no fear [of G‑d], there is no wisdom.” Fear must precede wisdom!
The explanation is as follows: The Mishnah refers to the two above-mentioned levels of fear. The first statement — “If there is no fear, there is no wisdom” — refers to the lower level of fear, yirah tata‘ah. Without this level of fear, it is impossible to attain wisdom, i.e., the performance of Torah and mitzvot. (This is deemed wisdom, since the ultimate purpose of wisdom is repentance and good deeds.) The second statement — “If there is no wisdom, there is no fear” — refers to the higher level of fear, yirah ila’ah. This level of fear must be preceded by wisdom, i.e., the performance of Torah and mitzvot. Only thus is one able to attain the higher level of fear.
The Alter Rebbe also explains in this chapter that just as there are two general levels of fear of G‑d, there are also two general levels of love of G‑d.
והנה על יראה תתאה זו, שהיא לקיום מצותיו יתברך, בבחינת סור מרע ועשה טוב
Concerning this level of yirah tata‘ah of which it was said in the previous chapter that it is in the province of every Jew, which is [necessary] for the fulfillment of His commandments, in both areas of “Turn away from evil and do good,” i.e., in the performance of the negative and positive commands,
אמרו: אם אין יראה, אין חכמה
it was said, by our Sages, “If there is no fear, there is no wisdom.” If fear of G‑d is lacking, then one cannot properly fulfill the Torah and mitzvot.
ויש בה בחינת קטנות ובחינת גדלות
It (this lower level of fear) comprises a quality of “smallness” and a quality of “greatness”.
The quality of “smallness” describes the fear which is experienced as a result of a Jew’sinnate fear of G‑d, and which is merely revealed through meditating upon matters that lead to the fear of G‑d. Since it does not result from contemplating G‑d’s greatness it is deemed “small”. The quality of “greatness” characterizes the fear of G‑d that results from contemplating G‑d’s greatness as it can be discerned from creation.
דהיינו, כשנמשכת בחינת יראה זו מההתבוננות בגדולת ה׳
This means i.e., fear has the quality of “greatness” when this category of the lower level of fear is a result of contemplation on the greatness of G‑d as it is perceived through His providing life to creation —
דאיהו ממלא כל עלמין
that He fills all worlds,
G‑d provides all worlds with vitality by vesting Himself in them. This life-force is attuned to the innate spirituality of the particular world or created being in which it is vested; the higher the world or created being, the loftier its life-force.
ומהאר׳ לרקיע מהלך ת״ק שנה וכו׳, ובין רקיע לרקיע כו׳
and2 from the earth to the heavens is a distance of 500 years,... and the distance from one heaven to the next... is also a journey of 500 years,
רגלי החיות כנגד כולן וכו׳
[and] “the feet i.e., the lowest level of the angels called chayyot measure up to them all...”
The lowest level of the chayyot transcends all the other levels.
וכן השתלשלות כל העולמות, למעלה מעלה עד רום המעלות
and similarly with one’s contemplation on the evolvement of all the worlds, one above the other to the topmost heights of the most spiritual worlds.
When a person contemplates and gains a deep understanding of the divine life-force that provides life to all worlds and spiritual levels, and hence achieves a fear of G‑d, then this understanding may be described by the term “greatness”. However, if this is the case, why then is this level considered part of yirah tata‘ah, the lower level of fear?
The Alter Rebbe answers this by explaining that since this fear derives from contemplation of G‑dliness as it “fills all worlds” and thus is bound up with them, it is necessarily a lower level of fear. For this life-force is concealed in the worlds in such a way that they are still able to be aware of their own existence and being. As this level, the worlds merely nullify their being and existence in deference to their life-force. This is termed bittul hayesh, the self-nullification of a being that is aware of its own existence.
The fear which results from this contemplation can only belong to the level of bittul hayesh, and not the higher form of nullification known as bittul bimetziut, which is total and complete nullification of self. It is for this reason that even the fear which has the quality of “greatness” is still only on a level of yirah tata‘ah, the lower level of fear. And this is what the Alter Rebbe now says:
אף על פי כן נקראת יראה זו יראה חיצונית ותתאה, מאחר שנמשכת מהעולמות
Nevertheless, this fear is called an external and inferior fear, yirah tata‘ah,since it is derived from the worlds i.e., from understanding the greatness of G‑d as a result of meditating upon the divine life-force which animates them,
שהם לבושים של המלך, הקב״ה, אשר מסתתר ומתעלם ומתלבש בהם, להחיותם ולקיימם, להיות יש מאין וכו׳
for they are “garments” of the King, the Holy One, blessed be He, Who conceals and hides and clothes Himself in them, in these worlds, to animate them and give them existence, that they may exist ex nihilo,....
Before the worlds were created they did not exist at all; they were in a state of non-being. Through their creation they became “beings”, entities whose existence could be experienced. This is the manner in which the divine life-force animates (and clothes itself in) creation: that created beings should be able to perceive themselves as existing entities which, nevertheless, are nullified to their divine life-force. Therefore, as explained earlier, this contemplation can only result in the level of bittul hayesh and not in bittul bimetziut, which is the level of yirah ila‘ah, the higher level of the fear of G‑d.
רק שהיא השער והפתח לקיום התורה והמצות
It is only that this fear serves as the gate and entrance to the performance of Torah and mitzvot.
For, as mentioned earlier, yirah tata‘ah leads to the performance of Torah and mitzvot. And it is concerning this lower level of fear that our Sages have said, “If there is no fear, there is no wisdom”; fear of G‑d must precede the performance of Torah and mitzvot.
אך היראה עילאה, ירא בשת
However, as for yirah ila‘ah, a fear stemming from a sense of shame before G‑d’s greatness,
Fear of G‑d stemming from a sense of shame is similar to the shame and total sense of abnegation a person feels when he is in the presence of a truly outstanding tzaddik.3 His shame is not from that great man’s external and revealed powers, as would be the case when one fears a king.
Fearing a king only involves fear of his externality, which finds expression in his rule. (Generally, the more extensive the king’s domain, the greater will be the fear of him.)
The same is true of the fear of G‑d which results from contemplating the “garments” and revelation of G‑dliness in all worlds. It is therefore termed yirah tata‘ah, a lower level of the fear of G‑d, inasmuch as it does not evoke the same degree of shame and self-nullification as is evoked by recognizing the greatness of a truly righteous person. There, the shame and fear is prompted by the great man’s essence; the nullification and shame will therefore be total. Thus,yirah ila’ah is a fear which stems from a sense of shame when one is confronted by G‑d’s greatness.
ויראה פנימית, שהיא נמשכת מפנימית האלקות שבתוך העולמות
and an inner fear that derives from the inward aspects of G‑dliness within the worlds,
wherein the person is cognizant of the inward and essential aspects of G‑dliness and not only of the external qualities of G‑dliness which are clothed in all the worlds. The worlds are wholly nullified before this inward aspect of G‑dliness with a complete and total nullification,bittul bimetziut. Awareness of this higher level of nullification leads to the higher level of fear,yirah ila‘ah.
עליה אמרו: אם אין חכמה, אין יראה
concerning this level of fear it was said by our Sages, “If there is no wisdom, there is no fear.” This level of fear must be prefaced by wisdom.
דחכמה היא כ״ח מ״ה
For4 Chochmah is ko‘ach mah, the level of nullification which is termed mah(“What?”), as the verse says,5 “...and we are mah” — a phrase that expresses the complete and total nullification which is termed bittul bimetziut,
והחכמה מאין תמצא
and6 “Chochmah comes from ayin” (“nothingness”), for which reason Chochmah isayin and nullity,
ואיזהו חכם, הרואה את הנולד. פירוש: שרואה כל דבר איך נולד ונתהוה מאין ליש, בדבר ה׳ ורוח פיו יתברך, כמו שכתוב: וברוח פיו כל צבאם
and our Sages said, moreover,7 “Who is wise? He who sees that which is born [and created].” That is to say, that the wise person is he who sees how everything is born and created from non-being to being by means of the Word of G‑d and the breath of His mouth, as it is written,8 “...and by the breath of His mouth all their hosts [were created].”
ואי לזאת, הרי השמים והאר׳ וכל צבאם בטלים במציאות ממש בדבר ה׳ ורוח פיו, וכלא ממש חשיבי, ואין ואפס ממש, כביטול אור וזיו השמש בגוף השמש עצמה
Therefore, the heavens and the earth and all their hosts, i.e., all of creation, are truly nullified out of existence within the Word of G‑d and the breath of His mouth — the level of their nullification is thus not that of bittul hayesh but of bittul bimetziut — and are accounted as nothing at all, as naught and nothingness indeed, just as the light and brightness of the sun are nullified within the body of the sun itself.
Once sunlight has left the sun one can perceive actual rays and illumination. However, when the light of the sun is found in its source, the body of the sun itself, it is completely nullified and does not exist in a luminous state; all that exists there is the source of light, the sun itself.
So, too, are all created beings nullified in their source, the Word of G‑d that creates them ex nihilo. When a person ponders this matter, it will so affect him that his nullification to G‑d will be at the level of bittul bimetziut.
ואל יוציא אדם עצמו מהכלל
And no man should except himself from this principle — from the principle governing all created beings, about which he understands that they are totally nullified to G‑d. He should realize:
שגם גופו ונפשו ורוחו ונשמתו בטלים במציאות בדבר ה׳
that also his body and Nefesh, Ruach and Neshamah are utterly nullified in the Word of G‑d that created them,
ודבורו יתברך מיוחד במחשבתו כו׳ וכנ״ל פרק כ׳ וכ״א באריכות, בדרך משל מנפש האדם, שדבור אחד מדבורו ומחשבתו כלא ממש כו׳
and His Word is united with His thought... and G‑d’s thought in turn is one with G‑d Himself. Thus, the nullification is not only to G‑d’s Word, but is a total nullification to G‑d Himself, as has been explained above at length (9chs. 20 and 21), by analogy with the human soul, one utterance of whose speech and thought are veritably as nothing..., when compared to the power of speech which is limitless.
Surely, one word pales utterly in comparison to man’s thought, which is the source of speech. Even more so when a single utterance is compared to the source of thought — the power of intellect or emotion, depending on whether the individual is thinking about intellectual or emotional things. Surely, then, this spoken word cannot in any way be compared to the soul itself.
There is, however, a difference between man’s speech and G‑d’s. When a human being speaks, the sound emitted from his mouth departs from its source and becomes a separate entity. G‑d’s creative speech, however, never departs — heaven forbid — from its source, that source being G‑d Himself, Who is omnipresent. Thus, divine speech is always found within its source.
It now becomes even more clear that G‑d’s Word, the source of creation, is truly and totally nullified to and unified with G‑d. Thus all of creation is completely nullified to G‑d.
וזה שאומר הכתוב: הן יראת ה׳ היא חכמה
This is what is meant by the verse:10 “Behold, the fear of G‑d, that is wisdom.”
For as explained earlier, the level of yirah ila‘ah and bittul bimetziut is the same as “wisdom”; it, too, is essentially bittul bimetziut.
אך אי אפשר להשיג ליראה וחכמה זו אלא בקיום התורה והמצות על ידי יראה תתאה החיצונית, וזה שכתוב: אם אין יראה, אין חכמה
However, one cannot attain this fear and wisdom except by means of the fulfillment of the Torah and mitzvot through yirah tata‘ah, which is an external fear. And this is what is meant by the statement, “If there is no fear, there is no wisdom.”
First must come yirah tata‘ah and the resulting performance of Torah and mitzvot; only then can one attain “wisdom” — yirah ila’ah and bittul bimetziut.
* * *
| FOOTNOTES | |
| 1. | 7Avot 3:17. |
| 2. | Cf. Chagigah 13a. |
| 3. | The Alter Rebbe explains this comparison in greater detail in his Siddur, in his notes onTikkun Chatzot. |
| 4. | See ch. 19. |
| 5. | Shmot 16:7. |
| 6. | Iyov 28:12. |
| 7. | Tamid 32a. |
| 8. | Tehillim 33:6. |
| 9. | Parentheses are in the original text. |
| 10. | Iyov 28:28. |
• Sefer Hamitzvos:
Shabbat, Nissan 29, 5775 · April 18, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 130
Tithes for the Poor
"At the end of three years, you shall bring forth all the tithes of your produce"—Deuteronomy14:28.
We are commanded to separate a tenth of our harvest [in addition to the First Tithe given to the Levites] on the third and sixth year of the seven-year Shemitah cycle, and give it to the poor.
[During these two years, this tithe substitutes the Second Tithe.]
This biblical precept only applies in the Land of Israel.
Tithes for the Poor
Positive Commandment 130
Translated by Berel Bell
The 130th mitzvah is that we are commanded to give ma'aser ani [a tenth of one's harvest to the poor] every third year — i.e. the third and the sixth — of the seven-year (shemittah) cycle.
The source of this commandment is G‑d's statement,1 "At the end of each three year period, you must bring out all the tithes of your crop..."
This Biblical prohibition, too, applies only in Eretz Yisroel.
The details of this mitzvah are explained in tractate Pe'ah,2 Demai,3 and Ma'aseros. It is also mentioned in various passages of the other tractates of [Seder] Zeraim, and in Machshirin4 and in Yadayim.5
FOOTNOTES
1.Deut. 14:28.
2.Ch. 8.
3.Ch. 4.
4.End of Ch. 2.
5.Ch. 4, Mishneh 3.
Positive Commandment 195
Charity
"You shall surely open your hand "—Deuteronomy 15:8.
We are commanded to give charity to the indigent, to relieve them of their distress. We are commanded to feed the needy and provide them with whatever they lack.
Even a pauper who is sustained by charity is obligated to fulfill this mitzvah—by giving charity (even if only a pittance) to someone needier than himself, or someone in a similar predicament.
Charity
Positive Commandment 195
Translated by Berel Bell
The 195th mitzvah is that we are commanded to give charity — to support and relieve the poor.
This command is expressed in the Torah in various ways: "Open your hand generously"1; "Help him survive, whether he is a convert or a born Jew"2; "Help your brother survive with you."3 These verses all have the same point — that we must provide for our poor and support them in accordance with their need.
The details of this mitzvah are explained in a number of places, the majority in tractates Kesubos4 and Baba Basra.5
The Oral Tradition relates that even a poor person who himself lives from charity is also obligated in this mitzvah — to give even a small amount of charity to someone less fortunate than him or on the same level as himself.
FOOTNOTES
1.Deut. 15:8.
2.Lev. 25:35.
3.Ibid. 25:36.
4.See 67a.
5.See 8a.
Negative Commandment 232
Ignoring a Needy Person
"Do not harden your heart nor shut your hand from your destitute brother"—Deuteronomy 15:7.
It is forbidden to be stingy and withhold charity and relief from our needy brethren—if we are aware of their desperate situation and have the means to assist them.
Ignoring a Needy Person
Negative Commandment 232
Translated by Berel Bell
The 232nd prohibition is that we are forbidden from withholding charity and assistance from our needy brethren once we have become aware of their difficulty and know we have the ability to help them.
The source of this prohibition is G‑d's statement,1 "Do not harden your heart or shut your hand against your needy brother."
This prohibits being cruel and stingy to the extent that we do not give to those who deserve our assistance.
FOOTNOTES
1.Deut. 15:7.
Shabbos - Chapter Seventeen
Halacha 1
Halacha 2
What must be done to allow people to carry within a closed lane?3 We should erect one pole4 at the fourth side or extend a beam above it;5 this is sufficient.6 The beam or the pole is considered to have enclosed the fourth side, making it [equivalent to] a private domain.7 
Thus, carrying is permitted within it.
Thus, carrying is permitted within it.
According to Torah law, one is permitted to carry [within an area enclosed] by three partitions.8 [The requirement to enclose the] fourth side is Rabbinic [in origin]. Therefore, it is sufficient to erect a pole or a beam.
Halacha 3
Halacha 4
Halacha 5
When one side of a lane ends at the sea and the other side ends at a public garbage dump, there is no need for [further measures to enable carrying to be permitted].14
Halacha 6
[The following rules apply to] an open lane that ends in the middle of a yard17belonging to many different people: If [the end of the lane] is not opposite the entrance to the yard,18 it is considered to be closed and does not require any further measures at the side of the yard. If, however, it ends at the sides of the yard, it is forbidden [to carry within the lane].19
Moreover, if the yard belongs to a single individual, it is forbidden [to carry within the lane] even if the lane leads into the middle of the yard. [The rationale for this prohibition is that] at times, [the owner] may build on one of the sides of the yard. [After these improvements have been made,] it is possible that the lane will end at the side of the yard.
Halacha 7
Permission [to carry within] a lane because a pole or a beam was erected is granted only when [the following conditions are met]:20
[several] houses and courtyards open into it;21
it is four cubits long or more;22 and
its length exceeds its width.
If, however, the length23 and the width24 of a lane are equal, it is considered to be a courtyard, and permission [to carry within is granted] only [when one erects] two poles - there is no minimum requirement with regard to their width - one at each of its sides, or one erects a barrier four handbreadths [wide]25 at one side.26
Halacha 8
When the length27 of a courtyard exceeds its width, it is considered to be a lane, and [carrying within it] is permitted [only when one erects] a pole or a beam.
Halacha 9
When a lane is not three handbreadths wide,31 one may carry throughout it; it does not require either a pole or a beam. [This leniency is granted because] an opening less than three handbreadths wide is considered to be an extension of the existing wall.32
When a beam is erected over a lane to make it possible for people to carry within as in a private domain, [the lane is not considered to be a private domain, and] a person who throws an article from it to the public domain or from the public domain into it is not liable. The beam is [there merely] to create a distinction.33
When, by contrast, a pole is erected [to make it possible for people to carry], [the lane is a private domain, and] a person who throws an article from it to the public domain or from the public domain into it, is liable. The pole is considered to be a wall on the fourth side.34
Halacha 10
How is it possible to [make it permissible for people to carry] between two walls of the public domain through which people [frequently] pass? One makes gates on both sides,35 causing the space between them to be considered to be a private domain.36
[In practice,] the gates need not be locked at night, but they must be fit to lock.37 If they are sunken in the earth, [the earth must be] cleared away and [the gates] adjusted so that they can be locked. The frame of an entrance,38 a pole, or a beam are not sufficient to make it possible for people to carry within a public domain.39
Halacha 11
It is permissible to carry in [the portion of] the lane that is under the beam or opposite the pole.40 When does the above apply? When these structures are constructed near a public domain.
When, by contrast, [a lane is] near acarmelit, it is forbidden to carry in [the portion of] the lane that is under the beam or opposite the pole,41 unless one erects another pole to permit carrying within the entrance.42
[The rationale for this stringency is that according to the Torah, a carmelit is amakom patur. Therefore, when] this entity, [the space opposite the pole or under the beam, which is also a makom patur, is adjacent] to an entity of this type, [the carmelit,] its presence is deemed significant [and it is considered to be an extension of the carmelit].43
Halacha 12
A pole may be constructed employing any substance, even a living entity,44 or even an object from which we are forbidden to benefit. [For example, if] a false deity or a tree that is worshiped45 is employed as a pole, it is acceptable.46 [The rationale for this ruling is that] there is no minimum requirement regarding the width of a pole.
The height of the pole may not be less than ten handbreadths.47 There is not, however, a minimum requirement for its width and breadth.
Halacha 13
A beam may be constructed employing any substance, with the exception of a tree that has been worshiped.48 [The latter restriction is applied] because there is a minimum measure for the width of a beam, and a tree that has been worshiped is forbidden to be used whenever there is a minimum measure specified.
The width of a beam may be no less than a handbreadth;49 there is, however, no minimum measure for its thickness. Nevertheless, it must be sturdy enough50 to hold a brick51 that is one and a half handbreadths by three handbreadths.52 The supports53 for the beam must be sturdy enough to hold the beam and a brick of the size mentioned above.54
Halacha 14
Halacha 15
Similarly, if the beam over a lane is ornamented or it has designs61 so that everyone looks at it, it is acceptable even if it is more than 20 cubits high.62 A beam serves as a distinguishing factor. Therefore, [generally,] if it is higher than 20 cubits, [it is not acceptable because] it will not be noticed.63 If, however, it is ornamented or if it has designs - since it attracts attention, it serves as a distinguishing factor.
Halacha 16
When the height of a lane, from the earth until the bottom of the beam is 20 cubits, it is acceptable even though the width of the beam extends higher than 20 [cubits above the ground.]
If the lane is more than 20 cubits high and one desires to reduce its height by placing a beam lower than it,64 
the beam must be a handbreadth wide. If the lane is less than ten handbreadths high, one should dig out a portion that is four cubits by four cubits65 in area, deep enough so that [the walls of the lane will be] a full ten handbreadths [in height].
the beam must be a handbreadth wide. If the lane is less than ten handbreadths high, one should dig out a portion that is four cubits by four cubits65 in area, deep enough so that [the walls of the lane will be] a full ten handbreadths [in height].
Halacha 17
[The following rules apply when] an opening is made in the side of a lane,66near its front:67 If a portion of the wall four handbreadths wide touching the front [wall] remains standing, it is permissible [to carry within the lane],68 provided the opening is not more than ten cubits wide.69
If, however, a portion of the wall four handbreadths wide does not remain, it is forbidden [to carry within the lane]70 unless the opening is less than three handbreadths. [Any opening] less than three handbreadths [is considered to be closed,] based on the principle of l'vud.
Halacha 18
[The following rules apply when] a lane opens up entirely71 to a courtyard and the courtyard opens up on the opposite side72 to the public domain: it is forbidden [to carry within], because it is like an open lane. It is [however] permissible to carry within the courtyard, for although many people pass through a courtyard - entering from this side and departing from the other - it is still considered a private domain.73
Halacha 19
[The following rules apply when] there are several paths leading [from the public domain] to a lane, [merging with it] at different points.74 Although the entrances are not opposite one another, since they all lead to the public domain, every one is considered to be an open lane.75
What must be done [to make it possible to carry within this lane]? A frame of an entrance should be constructed for each of the paths at one end.76 Similarly, [a frame of an entrance should be constructed] at the main entrance [of the lane to the public domain]. At the other side of all the paths, one should construct a pole or a beam.
Halacha 20
Halacha 21
When a lane is twenty cubits wide, [it is possible to enable people to carry within by erecting a pole or a board in the following manner]:82 One may build a wall ten handbreadths high and four cubits long - the latter being the minimum length of a lane - and place [the wall perpendicularly] in the middle [of the entrance]. [As such,] it is as if there are two lanes, each with an entrance of ten cubits.83
Alternatively, one may leave a space of two cubits from [one side of the lane] and set up a wall three cubits long, and [similarly,] leave a space of two cubits [from the other side of the lane] and set up a wall three cubits long. Thus, the opening of the lane will be ten cubits wide,84 and the sides will be considered to be closed, because the enclosed portions exceed the open portions.85
Halacha 22
A pole that projects outward from the wall of the lane is acceptable.86 [Similarly,] a pole that is standing [at the side of the entrance to a lane] without having been placed there [intentionally]87 is acceptable, provided one has the intent of relying on it before [the commencement of] the Sabbath.88
When a pole can be seen from the inside of a lane but cannot be seen from the outside,89 or conversely, when it can be seen from the outside, but from within the lane appears flush with the wall, it is acceptable as a pole.90
A pole that is lifted three handbreadths above the ground91 or that is more than three handbreadths away from the wall,92 is not at all significant. Anything less than three handbreadths is, however, acceptable, based on the principle ofl'vud.
When a pole is very wide - whether its width is less than or equal to half the width of the lane, it is acceptable and is considered to be a pole. If, however, [its width] exceeds half the width of the lane, [it is considered to be a wall and this side is considered to be enclosed], because the enclosed portion exceeds the open portion.93
Halacha 23
When a mat is spread over a beam, the beam's [function in making it possible to carry within the lane] is nullified, for it is no longer conspicuous.94 [It is possible, however, for it still to be possible to carry within the lane, provided the mat reaches within three handbreadths of the ground.95] If the mat is three handbreadths or more from the ground, it is not considered to be a wall [and carrying is forbidden within the lane].
Halacha 24
[The following rules apply when] a beam extends outward from one wall of a lane,98 but does not reach the second wall, or if one beam extends outward from one wall and another beam extends outward from the second wall: If they reach within three [handbreadths] of each other, there is no need to bring another beam.99 If there is more than three handbreadths between them, one must bring another beam.
Halacha 25
Similarly, when two beams are positioned parallel to each other and neither of them is able to support a brick [of the required size],100 there is no need to bring another beam if the two beams can support the brick together.101
If one is on a higher plane and the other is on a lower plane, we see the upper one as if it were lower and the lower one as if it were raised [and thus the two are regarded as though they were on the same plane].102 [This applies] provided the upper board is not higher than 20 cubits high,103 the lower board is not less than ten handbreadths high104 and there would be less than three handbreadths between the two if the upper one were lowered and the lower one were raised until they were parallel to each other on the same plane.105
Halacha 26
If the beam is crooked, we consider it as if it were straight. If it is rounded,106 we consider it as if it were linear. Thus, if its circumference is three handbreadths, it is a handbreadth in diameter.107
[The following rules apply when] a beam is located in the midst of a lane, but because it is crooked, a portion projects outside the lane, or because it is crooked, a portion projects above twenty [cubits] or below ten [handbreadths] high: We consider the distance that would remain between the two ends of the beam were the crooked portion [which projects outside the desired area] to be removed:108 If less than three handbreadths remain, there is no need to bring another beam. If [more remain], another beam is required.
Halacha 27
When eight walls are positioned at the corners [of a square around] a well,109two attached [perpendicularly] at each corner, they are considered to be an enclosure. Even though [the length of the] open portion exceeds that of the walls on each of the sides, since [there are walls] standing at all of the corners, it is permitted to draw water from the well and permit an animal to drink.110
Halacha 28
[It is not always necessary for this space to have actual walls positioned at its corners]. If at one of the corners, or at all four of the corners, there is positioned a large stone, a tree, a mound whose incline is more than ten handbreadths within four cubits, or a bundle of reeds, [the following rules apply]: We see whether the article in question has a section one cubit long on either side that is ten handbreadths high when divided [at the corner].113 [If this is true,] it is considered to be two walls positioned at a corner.
When five reeds are erected [around the corner of such a square] with less than three [handbreadths] between each pair of them,114 [the space between them is considered to be closed].115 If there are six handbreadths on one side and six handbreadths on the other side, they are considered to be two walls positioned at a corner.
Halacha 29
It is permissible to bring these four corners closer to the well, provided there is still enough space for the majority of a cow's body to be within these walls when it is drinking.116 Although one does not hold the head of the animal together with the vessel from which it is drinking, since there is space for the head [of a cow] and the majority [of its body] within [the square], it is permitted.
[If the square is this size,] it is permissible even for a camel117 [to use] it. If [the square] is smaller, it is forbidden to draw water within [the square], even for a kid whose entire body can enter within.
It is permissible to separate [the walls] from the well as far as one desires, provided that one adds straight walls on every side,118 so that there will never be more than thirteen and one third cubits between each of the two walls.
Halacha 30
[The use of] such walls was permitted only in Eretz Yisrael, and for the sake of the herds119 of the festive pilgrims. Similarly, [this leniency] was granted only with regard to a fresh-water well120 that belongs to the public.121.
In contrast, should a person desire to drink, he should descend to the well and drink, or should make a barrier ten handbreadths high around the wall,122 stand within it, draw water, and drink. If the well is very wide and a man is unable to climb down it, he may draw water and drink within [a structure of] corner walls [as described above].
Halacha 31
Similarly, it is forbidden to draw water from a cistern that belongs to the public or from a well that belongs to a private individual - even in Eretz Yisrael - unless one constructs a barrier123 ten handbreadths high around them.
Halacha 32
When a person was drawing [water] for his animal that is standing between the walls [of the abovementioned enclosure], he may draw water and place it before [the animal] in the vessel [with which it was drawn].
If the [animal was in] a stall ten handbreadths high and four handbreadths [by four handbreadths] wide, whose front portion projected within such walls, the person should not draw water and place [the vessel] before [the animal].124[This restriction was instituted] lest the stall be broken and the person carry the bucket into the stall, and from the stall [bring it] to the ground of the public domain.125 Instead, he should draw water, pour it before [his animal], who will drink it itself.
Halacha 33
When a person throws [an article] from the public domain into [a space surrounded by] walls of this nature, he is liable. Since there is an actual wall that is ten [handbreadths] high and more than four [handbreadths] by four [handbreadths] in area in every corner, the square is a definitive and distinct entity.126 Hence, the entire [enclosure] is considered to be a private domain.127
[The above applies] even [were such a structure to be built] in a valley where there is no well, for there is a wall on each side of each corner [of the enclosure]. Even if many people pass through the enclosure, the walls are not considered to have been nullified.128[Instead, the enclosure] is considered to be like a courtyard through which many people pass. [All agree that] a person who throws [an object] into [such a courtyard] is liable.129If there is a well located within such an enclosure, [our Sages relaxed some of their restrictions and] permitted drawing water for an animal.
Halacha 34
When one end of a courtyard enters between the walls of the abovementioned enclosure, it is permitted to carry from [the courtyard] into the enclosure and from the enclosure into [the courtyard].130 When [portions of] two courtyards enter between the walls of the abovementioned enclosure, it is forbidden to carry [from the enclosure to the courtyards and from the courtyard to the enclosure] unless an eruv is made.131
If the well dries up on the Sabbath, it is forbidden to carry between the walls [of the enclosure].132 [Our Sages133] considered these walls to be an acceptable enclosure to allow [people] to carry within, only because of the water. If the well begins to flow with water on the Sabbath,134 it is permitted to carry within [the enclosure], for an enclosure that is established on the Sabbath is an [acceptable] enclosure.135
Halacha 35
When an excedra138 is constructed in an open area, it is permitted to carry within its entire space although it has only three walls and a roof.139 We consider it to be as though the edge of the roof descends and closes off the fourth side.140 A person who throws an article into it from the public domain is not liable.141 It is as if one throws an article into a closed lane that possesses a roof.
When the corner of a house or a courtyard is broken and an opening of ten cubits is created, it is forbidden to carry within it at all. Although [generally] whenever an opening is ten cubits or less we consider it to be an entrance,142[no leniency is granted in this instance, because] an entrance is not made in a corner.143
Halacha 36
The term "fingerbreadth" when used as a measurement, universally refers to the width of a thumb.146 A handbreadth is the size of four fingerbreadths.147Whenever the term "cubit" is used whether with regard to the laws of the Sabbath, a sukkah, or the prohibition of growing mixed species, it refers to a cubit of six handbreadths.148
There are times when we measure a cubit as six handbreadths pressed one to the other, and other occasions when we consider the handbreadths as amply spaced one from the other.149 In both instances, the intent is that this lead to a more stringent ruling.
For example, the length of a lane [is required to be a minimum of] four cubits. These are measured in amply spaced cubits. The height [of a lane may not exceed] twenty cubits. These are measured in constricted cubits. Similarly, the length of an opening [may not exceed] ten cubits. These are measured in constricted cubits. Similar principles apply regarding the laws of a sukkah and the prohibition of growing mixed species.
| FOOTNOTES | |
| 1. |
In Talmudic times, it was not customary that homes open to streets, as is the practice today. Instead, several homes would open up to a single courtyard. These courtyards would open up to paths or lanes that led to the public marketplaces and the thoroughfares of the towns. Sometimes, these paths or lanes would end in a cul-de- sac, and on other occasions they would lead from one thoroughfare to another.
|
| 2. |
This refers to a lane leading from one marketplace or thoroughfare to another. Needless to say, the lane must be less than sixteen cubits wide. If it is sixteen cubits wide, it would be deemed as a public domain according to the Rambam, as mentioned in Chapter 14, Halachah 1.
|
| 3. |
This question applies within a city that is not surrounded by an eruv. As the Rambam explains in his Commentary on the Mishnah (Eruvin 1:2), a lane with three walls is considered to be acarmelit. Thus according to the Torah itself, such an area is regarded as a makom patur, and one is permitted to carry within it. The Rabbis nevertheless forbade carrying within such an area, unless a person constructed either of the following structures: a lechi - a pole constructed at one of the corners of the fourth side - or a korah - a beam constructed across the entrance. (See also the gloss of the Maggid Mishneh.)
|
| 4. |
The dimensions required for a pole and a beam are mentioned in Halachot 12 and 13. When a pole is constructed at the corner of the fourth side of the lane, the lane is considered to be enclosed and thus is viewed as a private domain. (See Halachah 9 of this chapter and Chapter 14, Halachah 1.)
|
| 5. |
As explained in Halachah 9, extending a beam over the lane is a Rabbinic measure that makes a distinction between such a lane and a lane that is not enclosed at all. Because of this distinction, the Rabbinic prohibition against carrying in such a lane is lifted.
|
| 6. |
This refers merely to the process of enclosing the area in question. In addition, as mentioned inHilchot Eruvin 1:1-2, it is necessary for the people who share the lane to join together in an eruv, each contributing a certain measure of food.
|
| 7. |
The Rambam's definition of a lane follows the conception of Rabbenu Chanan'el in his commentary on Eruvin 12a. Most other Rishonim [including Rashi (Eruvin, loc. cit.), Tosafot, the Rashba, and the Ra'avad] differ, and maintain that as long as a lane has three walls (or two walls and a pole on the third side), it is considered a private domain according to the Torah. (See Be'ur Halachah 363:1.)
The difference between the Rambam's view and that of these other authorities does not concern the license to carry, for all agree that it is forbidden to carry within the lane until a pole or a beam is constructed at the fourth side. Instead, the difference involves transferring an article into such a lane with three walls from the public domain. According to the Rambam, one is not liable from such a transfer, while according to the other authorities, one is.
|
| 8. |
As mentioned above, according to the Rambam, one may carry in this lane, because any enclosure with three walls or less is deemed as a carmelit. According to the Torah, there is no restriction against carrying in such a domain.
|
| 9. |
This ruling follows that of Rabbenu Yitzchak Alfasi in his Halachot. Nevertheless, there are many authorities who differ and maintain that this ruling applies only when the lane opens to a carmeliton at least one side. If it opens up to a public domain on both sides, it is not sufficient to erect a frame of an entrance, and a proper gate must be erected (Maggid Mishneh). The Rambam's ruling is accepted by the Shulchan Aruch (Orach Chayim 364:1).
|
| 10. |
Our translation is based on the gloss and drawings of the Maggid Mishneh.
|
| 11. |
The Rambam rules that all that is necessary is a frame of an entrance at one opening of the lane, and a pole or a beam at the other end. Nothing is necessary at the bend of the lane. This follows the opinion of Rav (Eruvin 6a, 8b).
Rashi and Rabbenu Asher, however, interpret Rav's ruling differently and require that a frame of an entrance be constructed at the lane's bend, and a pole or a beam be constructed at both the lane's openings. They explain that this is necessary because, unless the frame of an entrance is constructed at the bend, a person who does not walk through the entire lane will not be aware of the pole or the beam at the other entrance to the lane. This is the view accepted by the Shulchan Aruch (loc. cit.:3).
|
| 12. |
Based on Shabbat 100a and the Tosefta, Shabbat 11:4, the Ra'avad and the Rashba define this as referring to an incline of ten handbreadths within four cubits. If the incline is gentler than that, this leniency does not apply. The Shulchan Aruch (Orach Chayim 363:36) accepts this definition.
|
| 13. |
According to the Torah, one is allowed to carry within the lane, and the prohibition is merely Rabbinic in origin. Thus, since the steep incline makes the lane distinct from the public domain (and distinct from other lanes), there is no need for any further measures to permit carrying.
From the wording chosen by the Rambam, however, it appears that he does not consider the incline as a wall enclosing the lane (see the Ramah, Orach Chayim, loc. cit.), but rather as a distinguishing factor similar to a beam. Accordingly, a person who transfers an article into this lane from the public domain would not be held liable.
|
| 14. |
This refers to a lane that has walls on either side. Thus, it is considered as if the lane had barriers on all four sides. For the garbage dump can be assumed to be ten handbreadths high and four handbreadths wide. Thus, it is considered to be an added wall, and the sea itself can be assumed to be ten handbreadths deep. Therefore, it is also considered to be a wall (Mishnah Berurah 363:118).
|
| 15. |
This law does not apply regarding a private garbage dump, because the possibility exists that such a dump will be removed at any time.
|
| 16. |
Our translation follows the commentary of Rabbenu Chanan'el and Rashi on Eruvin 8a. Although both these authorities agree on the definition of the word שרטון, they quote different versions of that Talmudic passage. Rabbenu Chanan'el follows the version quoted here by the Rambam, which states that "we do not suspect that the sea will wash up a שרטון." The version of the passage quoted by Rashi (and printed in our texts of the Talmud today) states, "we suspect that the sea will wash up a שרטון."
Significantly, this difference in approach to this passage has been preserved. The Shulchan Aruch (Orach Chayim 363:29) follows the ruling of the Rambam, while subsequent Ashkenazic authorities and the Ramah follow that of Rashi which forbids carrying in such a lane. According to this view, it is impossible to enclose it with an eruv.
|
| 17. |
See the definition of the term רחבה in Chapter 16, Halachah 10.
|
| 18. |
Were the lane to end directly opposite the entrance from the yard to the public domain, a more stringent ruling would be applied and it would be necessary to construct a frame of an entrance. See Halachot 3 and 18.
|
| 19. |
The Maggid Mishneh explains that were the lane to end at the side of the yard, it would resemble an L-shaped lane. Hence, the laws mentioned in Halachah 3 would apply. When, however, the lane does not end at the side of the yard, it has no resemblance to an L-shaped lane. Therefore, the entrance to the yard is itself considered a distinguishing factor. (Note, however, Rabbenu Asher and the Shulchan Aruch, Orach Chayim 365:3, which require that the people whose homes open up to the lane and the yard join together in an eruv.)
Significantly, according to the Maggid Mishneh, the word "forbidden" used by the Rambam, appears to mean "requires an eruv." This would concur with the Ra'avad's interpretation ofEruvin 7b which states that if the people whose homes open to the yard join in an eruv together with the people whose homes open to the lane, it is permitted to carry in the lane even if it ends in the side of the yard.
Note, however, the Shulchan Aruch (loc. cit.) which mentions that an eruv can never be effective for such a lane. See the explanation of this ruling in the Mishnah Berurah 365:23.
|
| 20. |
The fundamental principle behind these conditions is that an enclosure that is used by a private person will afford greater privacy than an enclosure used by many people. Therefore, it is necessary that the enclosure be more substantial (the Rashba as quoted by the Kessef Mishneh).
|
| 21. |
When only a single house or courtyard opens to a lane, it bears a far closer resemblance to private property.
|
| 22. |
If a lane is not more than four cubits or if it is square shaped, it appears like a courtyard.
|
| 23. |
I.e., the distance from one entrance to the other.
|
| 24. |
The distance between the two walls on either side.
|
| 25. |
A barrier of this length is considered to be a wall, and thus a portion of this side of the lane is also considered to be enclosed.
|
| 26. |
Although the requirement to construct two poles or a barrier is more stringent than the norm for a lane, it still represents a leniency. There is no need to construct the frame of an entrance as in a courtyard.
The Rambam's ruling (with several additions) is quoted by the Shulchan Aruch (Orach Chayim363:26). In his gloss, the Ramah adds that it has become customary to enclose all lanes with the frame of an entrance - i.e., two poles, and a cord above them.
|
| 27. |
The length of a courtyard refers to the space from its entrance to the opposite wall (Maggid Mishneh). Although there are other interpretations, this is the definition accepted as halachah (Mishnah Berurah 363:116).
|
| 28. |
Our translation is based on the second interpretation of the Rambam's words offered by theMaggid Mishneh, which is supported by the Rambam's statements in Hilchot Eruvin 5:15. From that source, it appears that the Rambam conceives of a lane as having several courtyards and several houses open up to it. If, however, there is only one house opening up to it, although it contains several courtyards, or one courtyard although it contains several houses, it is not sufficient.
Rashi (Eruvin 12b), however, offers a different interpretation, explaining that to be considered a lane, an enclosure must have two courtyards open up to it, and each of the courtyards must have two houses open up to it. This view is accepted by the Rashba and by the Shulchan Aruch(Orach Chayim 363:26).
|
| 29. |
Note the Shulchan Aruch (loc. cit.), which states that when a lane is less than four cubits long, the frame of an entrance is required to enclose it. Significantly, however, Shulchan Aruch HaRav363:27 quotes the Rambam's ruling and not that of the Shulchan Aruch. (See also Mishnah Berurah 363:93.)
|
| 30. |
In the standard published text of the Mishneh Torah, the word, ומשהו (lit. "and something") is added in parentheses. Rav David Arameah and the Shulchan Aruch (loc. cit.) interpret this to mean that the four handbreadths must be "ample." B'nei Binyamin explains that there is a printing error and the word משהו refers to the poles as in the previous halachah. Rav Kapach maintains that the word is a printer's addition and does not exist in the authoritative manuscripts of theMishneh Torah.
|
| 31. |
The Kessef Mishneh (and his view is quoted by the Magen Avraham 363:29) explains that even if the majority of the lane is wider than three handbreadths, since its entrance is less than three handbreadths it is considered to be closed, and no further measures are necessary.
|
| 32. |
I.e., based on the principle of l'vud, the lane is considered to be a closed space and not open (Kessef Mishneh). Although there are more lenient opinions, the Shulchan Aruch (Orach Chayim363:28) accepts the Rambam's ruling.
|
| 33. |
As mentioned in the notes on the first halachah of this chapter, the Rambam differs with many of the other Rishonim and maintains that, according to Torah law, an area enclosed by three partitions is a makom patur and not a private domain. Therefore, a person who transfers an article to it from the public domain or vice versa is not liable.
As mentioned in several places throughout the first chapter of the tractate of Eruvin, there is a difference of opinion among the Sages regarding why one is permitted to carry within a lane when a beam is erected over its fourth side. The opinion quoted by the Rambam maintains that although the Sages forbade carrying in such a domain, their prohibition is lifted because the beam serves as a distinction, setting this lane apart, physically and conceptually, from the public domain.
The other opinion maintains that the beam is considered to be a wall (i.e., it is considered as if there were a wall descending from the beam downward enclosing the lane). Hence, the lane is considered to be enclosed on all four sides and therefore, as a private domain.
|
| 34. |
In the first chapter of the tractate of Eruvin, our Sages also differ regarding why permission is granted to carry in a lane when a pole is erected at its fourth side. According to the opinion quoted by the Rambam, it is considered as if a wall emerges from the pole, and thus the lane is considered to be enclosed by a wall on all of its sides.
There is, however, another opinion, which states that the pole is erected merely to create a distinction and it is not considered to be a wall.
|
| 35. |
Some of the authorities who maintain that an enclosure with three walls is considered to be a private domain according to Torah law, permit carrying within a public domain if gates are erected on one side and a frame of an entrance, pole, or beam is erected on the other. (See theMishnah Berurah 364:6.)
|
| 36. |
The definition of a public domain is taken from the encampment of the Jewish people in the desert, and there the public domain did not have gates (Mishnah Berurah 364:7). The gates enclose the domain on all four sides. Hence, even though many people walk through it, it is still considered as "private."
|
| 37. |
Based on Eruvin 6a-b, many Rishonim differ with the Rambam on this point and maintain that not only must the gates be fit to be closed at night, they must actually be closed, in order for carrying to be permitted in a public domain. Gates that can be closed, but are not actually closed, are effective only in an open lane. Although the Shulchan Aruch (Orach Chayim 364:2) mentions the Rambam's view, the more stringent opinion is favored.
It must be emphasized that from Chapter 14, Halachah 1, and Hilchot Eruvin 1:1, it appears that the Rambam also requires doors that are actually closed. Several explanations are offered by the commentaries in resolution of this difficulty.
|
| 38. |
Note Shulchan Aruch HaRav 364:4, which states that a frame of an entrance is considered to be a wall. Therefore, if one erected poles on each corner of a square and connected them with a string above, one creates a private domain. Nevertheless, the Rabbis forbade carrying within an area fit to be considered a public domain unless it has a proper gate at its entrance. The Rambam, however, could not accept this ruling, because as stated in Chapter 16, Halachah 16, if the open portions of a barrier exceed the enclosed portions, it is not acceptable.
|
| 39. |
Herein lies one of the points of controversy regarding the eruvim that are constructed around communities today. For few modern cities or villages are enclosed by actual walls with gates, and in practice, most of these eruvim employ a frame of an entrance, using telephone wires and the like.
As mentioned in Chapter 14, Halachah 1, and its notes, the Rambam does not subscribe to the opinion that a public domain must contain 600,000 people passing through it. Although the later Ashkenazic authorities accept this more lenient view, they also suggest that those who are careful in their observance accept the Rambam's ruling.
Whether this principle is to be applied with regard to great metropolises like Manhattan, Brooklyn, London, and the like which have more than 600,000 passersby or with regard to smaller communities which are considered a public domain only according to the more stringent view, the public domain must be enclosed by proper walls. The use of a frame of an entrance employing telephone or electric wires and the like is not sufficient.
|
| 40. |
Although the inner portion of the beam or the pole is of most importance, it is, nevertheless, permitted to carry under the beam or opposite the pole, because that area is considered to be amakom patur (Shulchan Aruch HaRav 365:6).
|
| 41. |
The Rambam's ruling is based on Rabbenu Chanan'el's interpretation of Eruvin 8b,9a. The Ra'avad and most Ashkenazic authorities (among them Tosafot and Rabbenu Asher) interpret that passage differently and maintain that we are permitted to carry beneath a beam when it opens up to a carmelit.
The Shulchan Aruch (Orach Chayim 365:4) follows the Rambam's ruling. The Mishnah Berurah365:27, however, mentions the more lenient views. Furthermore, many authorities (e.g., Maggid Mishnah, Shulchan Aruch HaRav 365:6) agree that if a beam is four handbreadths wide and is strong enough to support a roof, it is permitted to carry beneath it. In that instance, the outer end of the beam is considered to descend and serve as a fourth wall.
|
| 42. |
In that instance, the area between the poles is considered to be a distinct entity, with walls on either side.
|
| 43. |
Generally, one is allowed to carry within a makom patur. Nevertheless, our Sages forbade carrying in a carmelit, a makom patur which resembles a public domain. In the situation at hand, since one makom patur (the carmelit) is adjacent to another makom patur (the area opposite the pole or beneath the beam), the two are combined and form a single entity. Therefore, carrying is forbidden, not only in the carmelit, but also between the poles.
|
| 44. |
The Maggid Mishneh states that an animal used as a pole must be bound and may not be free to move. This concept can be derived from Chapter 16, Halachah 21, which states that an animal used for a partition may be bound. As mentioned in Halachah 9, a pole is considered to be a partition.
|
| 45. |
See Hilchot Avodat Kochavim 7:10-15 and 8:3 with regard to the different laws pertaining to anasherah, a tree that is worshiped.
|
| 46. |
The leniency mentioned represents a novel concept, for seemingly it applies even when the pole is associated with the idol worship of a Jew. (A pole worshiped by gentiles can be used if the gentiles nullfiy its connection with idol worship before it comes into the possession of a Jew. If, however, it is owned by a Jew, the connection with idol worship can never be nullified.)
Generally, since we are obligated to destroy objects that are associated with idol worship, from a halachic perspective, they are considered as if they have already been burnt to ashes. For example, Hilchot Shofar 1:3 states that it is forbidden to use a shofar belonging to an עיר הנדחת ("an apostate city") and Hilchot Lulav 8:1 states that a palm branch used for idol worship is unacceptable for use as a lulav. Since both a shofar and lulav have a minimum requirement for their length, an object that must be destroyed because of its connection with idol worship is unacceptable.
In the case at hand, however, since there is no minimum requirement for the width or breadth of a pole, there is no difficulty in using a tree that has been worshiped.
The Ra'avad objects to the Rambam's explanation, for although there is no minimum width or breadth required for a pole, there is a minimum requirement for its height. Since the wood of the tree that has been worshiped is considered as though it had been burned to ash already, it lacks this minimum height.
(The Ra'avad, therefore, differs with the Rambam and maintains that a pole, like a beam, is merely a distinction. Therefore, no minimum height is required.)
Many of the other Rishonim differ with the Ra'avad and accept the Rambam's decision. TheMaggid Mishneh differentiates between a shofar and a lulav - which must have three coordinates: width, breadth, and height - and a beam, which requires only one: height. The fundamental point of his explanation is that although such a beam is considered to lack dimensions, it exists and in this instance all that is necessary is its existence. See the notes of Rav Chayim Soloveichik to this halachah.
Tosafot (Eruvin 80b) offers a different explanation, stating that even if the tree was burned, one could stick its ashes together and obtain a pole ten handbreadths high.
|
| 47. |
In his Commentary on the Mishnah (Eruvin 1:6), the Rambam explains that this height is required for a pole, because the minimum height of a lane is ten handbreadths. Thus, the pole would extend for the entire height of the lane. Even if the lane is higher, the pole is not required to be more than ten handbreadths high.
|
| 48. |
Based on Hilchot Avodat Kochavim 8:9, it can be inferred that this refers to a tree that was worshiped by a Jew or a tree that was worshiped by a gentile, but which was cut down before the gentile nullified its connection with idol worship.
|
| 49. |
Even though the beam must be sturdy enough to support a brick that is one and a half handbreadths wide, it is possible for there to be a portion of the brick extending on either side of the beam (Eruvin 14a, Kessef Mishneh).
|
| 50. |
When a beam is built in such a sturdy fashion, it is obviously placed there as a permanent part of the lane, and thus will serve as a distinction for the people inside of it.
|
| 51. |
Based on the Jerusalem Talmud, the Maggid Mishneh states that it is not enough for the beam to support a single brick. It must be sturdy enough to support an entire row of bricks of this size. Although the Shulchan Aruch (Orach Chayim 363:17) quotes the Rambam's wording, the later authorities (Shulchan Aruch HaRav 363:19, Mishnah Berurah 363:59) quote the Maggid Mishneh's view.
Significantly, the Shulchan Aruch (loc. cit.:18) also quotes the opinion of Rabbenu Asher that if the beam is more than four handbreadths wide, it does not have to be sturdy enough to hold a brick.
|
| 52. |
Literally "half of three handbreadths by three handbreadths."
|
| 53. |
I.e., the supports that are attached to the walls on which the beam is placed.
|
| 54. |
Rabbenu Asher differs and maintains that the supports need not be that sturdy. The Shulchan Aruch (loc. cit.:18) quotes both opinions without coming to a final decision. Similarly, there is a difference of opinion among the later authorities concerning this issue.
|
| 55. |
If the walls of the lane are not ten handbreadths high, they are not significant and it is considered as if the lane lacks enclosures on either side.
|
| 56. |
The Maggid Mishneh states that this restriction applies only when a beam is being used, for the passersby will not notice a beam that is more than twenty cubits high. If, however, a pole is used, there is no limitation on the height of the lane. This interpretation is also quoted by the Shulchan Aruch (Orach Chayim 363:26).
|
| 57. |
As mentioned in Chapter 16, Halachah 16, an opening that is larger than ten cubits is too large to be considered to be an entrance.
|
| 58. |
I.e., the entrance to the lane is an open space without a doorway or gate.
|
| 59. |
The Ra'avad and others object to this ruling, stating that if the walls of a lane are not ten handbreadths high, the fact that the opening is constructed in the form of a frame of an entrance is of no significance. Since the walls of the lane are not high enough to be considered significant entities, of what value is the fact that the opening is constructed in the form of a frame of an entrance?
The Meiri explains that since the frame of the entrance is at least ten handbreadths high, the fact that the walls of the lane themselves are lower is insignificant. The Shulchan Aruch (loc. cit.) quotes the Rambam's opinion. Note the explanation of Shulchan Aruch HaRav 363:27, which explains that this applies in a situation when the walls of the lane are not ten handbreadths high. Nevertheless, the lane is considered a private domain because of the walls of houses and courtyards that adjoin it.
See also the Mishnah Berurah 363:93, which mentions that many later authorities accept the Ra'avad's objection and allow people to carry in such a lane only when the walls are ten handbreadths high. These authorities, however, explain that if the walls of the lane are ten handbreadths throughout the lane, with the exception of its opening, the construction of a frame of an entrance at the opening makes it permissible for people to carry within.
|
| 60. |
When the frame of an entrance is constructed, there is no need for a post or a beam. For the construction of a frame of an entrance causes an entrance to be considered as if it were enclosed, as stated in Chapter 16, Halachah 16.
|
| 61. |
From the Rambam's Commentary on the Mishnah (Eruvin 1:1), it is clear that he is speaking about designs and ornaments on the beam itself. The Ramah (Orach Chayim 363:26, based on Rabbenu Asher's interpretation of Eruvin 3a), states that it is sufficient for there to be designs on the wall next to the beam. For when people look at the designs, their attention will also be drawn to the beam.
|
| 62. |
Note the Kessef Mishneh's statements that permission is not granted to carry in a lane that is more than ten handbreadths wide, despite the fact that the beam placed above it has designs.
|
| 63. |
The principle that objects above 20 cubits high will not be noticed easily by the human eye is also applied with reference to a sukkah (the s'chach may not be more than 20 cubits high) and with regard to a Chanukah candelabra (which may not be placed 20 cubits above the ground).
|
| 64. |
We have translated the Rambam's words in the most simple fashion, following Rav Kapach's interpretation. The Maggid Mishneh (based on Eruvin 4b) offers a much more complicated interpretation, explaining that if originally a beam was erected more than 20 cubits above the ground and then a second beam was erected above the floor to reduce its height, there may not be more than 20 cubits between the first beam and the second. This approach is also followed by the Shulchan Aruch (Orach Chayim 363:26).
|
| 65. |
Rashi (Eruvin 5a) explains that a smaller area is not sufficient. A lane is not considered significant unless it is more than four cubits by four cubits, as explained in Halachah 7. Thus, there must be a portion of the lane with walls that are ten handbreadths high, with at least this area.
|
| 66. |
Leading to a public domain or a carmelit (Shulchan Aruch HaRav 365:1).
|
| 67. |
I.e., the opening is made in the side wall of the lane. Nevertheless, it is very close to the opening of the lane where the pole or the beam erected to permit carrying was placed.
|
| 68. |
Although generally the walls of a lane must be four cubits long, as mentioned in Halachah 7, leniency is allowed in this instance, since the lane existed previously (Shulchan Aruch HaRav, loc. cit.; Mishnah Berurah 365:2).
|
| 69. |
As mentioned in Chapter 16, Halachah 16, an opening that is larger than ten cubits causes the entire side to be considered to be unenclosed, unless a frame of an entrance is constructed above it.
|
| 70. |
Although the opening is not too large to nullify the enclosure, since the people will be going in and out through the new opening, they will not notice the beam or the pole erected at the original entrance (Shulchan Aruch HaRav, loc. cit.).
|
| 71. |
When the walls of the lane open to the courtyard and there is an opening to the public domain on the opposite side, it appears as if the lane leads directly into the public domain. If, however, there are projections remaining at the side of the entrance from the lane to the courtyard, they are considered to be equivalent to a pole, and it is permitted to carry within the lane. (See Mishnah Berurah 365:12- 13.)
|
| 72. |
See the Shulchan Aruch (Orach Chayim 365:3), which states that the question of whether the opening to the public domain must be directly opposite the opening to the lane for the restriction to apply depends on whether or not an eruv has been made between the inhabitants of the lane and the inhabitants of the courtyard. See the notes to Halachah 1.
|
| 73. |
This clarifies the definition of "private domain" given at the beginning of Chapter 14 - i.e., private property belonging to a single individual, a group, or a collective.
|
| 74. |
Eruvin 8b describes this situation as "a lane structured like a centipede" - i.e., that has different paths leading into it like the legs of a centipede. The Maggid Mishneh depicts this as follows.
There is, however, some difficulty with his interpretation, because the Rambam specifically states, "Although the openings are not opposite one another." Accordingly, Rav Kapach has drawn the following diagram.
The Shulchan Aruch (Orach Chayim 364:5) mentions both possibilities, stating that they are both governed by the same laws. As will be mentioned, its rulings are based on a different perspective than that of the Rambam.
|
| 75. |
See Halachah 3 with regard to an L-shaped lane.
|
| 76. |
The Maggid Mishneh interprets the Rambam's words as requiring the frame of an entrance to be constructed at the entrance from the path to the public domain on one side. On the other side of the path, at the entrances that lead to the public domain, a pole or a beam is sufficient.
The Shulchan Aruch (loc. cit.) differs and maintains that the frame of an entrance should be made at the entrance of the path to the main lane. At the entrance to the public domain, a pole or a beam is sufficient. The difference between these rulings depends on their rulings regarding an L-shaped lane, as mentioned in the notes on Halachah 3.
|
| 77. |
At one side of the lane the wall protrudes further than the other, so that the opening to the lane is a diagonal.
|
| 78. |
Placing the beam at a diagonal is not acceptable, because a beam is intended to create a distinction between the lane and the public domain. When the beam is positioned at a diagonal, a person carrying in the extension of the lane will not differentiate between it and the public domain.
The Rashba (quoted in the Maggid Mishneh) states that one may carry in the extended portion of the lane only by erecting the frame of an entrance across the diagonal. This ruling is accepted by the Shulchan Aruch (Orach Chayim 363:30). If, however, one erects a pole at both sides of the entrance to the lane, it is not acceptable. One may, however, carry in the area behind the inner pole (Shulchan Aruch HaRav 363:36; Mishnah Berurah 363:125).
|
| 79. |
The Maggid Mishneh quotes the Rashba as saying that the same laws apply if one erected a beam over the midst of a lane. This ruling is quoted by the Shulchan Aruch (Orach Chayim363:32).
|
| 80. |
Eruvin 14b explains that this law is seemingly self-evident. Nevertheless, it was necessary to mention it, for one might think that carrying would be forbidden within the inner half lest one carry in the outer half.
|
| 81. |
The Maggid Mishneh and the Shulchan Aruch (loc. cit.) emphasize that the inner portion must meet all the criteria for a lane mentioned in Halachah 7.
|
| 82. |
As mentioned in Halachah 14, it is possible to enable people to carry within a lane by erecting a beam or a pole only when the opening to a lane is ten cubits or less wide. If the opening is wider, a frame of an entrance is necessary.
|
| 83. |
The fact that the two lanes merge is not significant, for it is the width at the entrance that is the determining factor. In this instance as well, the Maggid Mishneh and the Shulchan Aruch (Orach Chayim 363:33) follow the rationale mentioned in the notes to the previous halachah and emphasize that both the new lanes created by the erection of the wall must meet all the conditions for a lane mentioned in Halachah 7.
|
| 84. |
The Shulchan Aruch (loc. cit.:34) states that the measures cited by the Rambam are not arbitrary figures. As long as the walls erected exceed the size of the empty space between them and the wall, and the opening is ten cubits wide or less, it is possible to allow people to carry within the lane by erecting a pole or a beam.
Eruvin 10a mentions that generally as long as the enclosed portion of a side is equal to the open portion, it is acceptable. (See Chapter 16, Halachah 16.) In this instance, however, since a majority of the side is left open for the entrance, the enclosed portion of the remainder must exceed the open portion.
|
| 85. |
The Shulchan Aruch (loc. cit.) underscores that the leniency mentioned in this halachah applies only when people do not enter and leave through the spaces on the sides. It is, nevertheless, unlikely that they would do so unless there is a clear indication that this is the common practice (Shulchan Aruch HaRav 363:40; Mishnah Berurah 363:148). See Halachah 17.
|
| 86. |
Based on Eruvin 5 a-b, the Maggid Mishneh interprets this as referring to a portion of the wall that projects into the lane, but which was not constructed for the purpose of serving as a pole. It is, nevertheless, acceptable.
The Maggid Mishneh also mentions other opinions that interpret the above Talmudic portion as referring to a projection that is less than four cubits wide. If the width of the projection exceeds four cubits, the projection is considered to be a wall. If the width of the entire side exceeds eight cubits, another pole is required. This opinion is also quoted by the Shulchan Aruch (Orach Chayim 363:12).
|
| 87. |
E.g., a tree that is growing at the side of the lane.
|
| 88. |
The Maggid Mishneh interprets Eruvin 15a, the source for this halachah, as referring to a situation where a tree was growing near a pole at the side of the lane, and the pole was removed. If it was removed before the Sabbath, we can assume that the people relied on the tree to use as a pole. Hence, it is acceptable. If, however, the pole was removed on the Sabbath itself, the tree is not acceptable, for there was no intent to use it for this purpose before the commencement of the Sabbath. This conception is quoted by the Shulchan Aruch (loc. cit.:11).
|
| 89. |
This diagram, taken from the Maggid Mishneh, is also repeated in Shulchan Aruch HaRav 363:11 and the Mishneh Berurah 363:31. See the accompanying diagram. In this way, the projection is seen only by those standing within the lane and not by those standing outside.
|
| 90. |
This is a matter of controversy among the commentaries. Rashi, Eruvin 9b, interprets this as a direct opposite of the above diagram. Tosafot objects, and reverses the interpretation of the terms.
|
| 91. |
The Mishnah Berurah 363:35 explains that even when the pole is ten handbreadths high, it is not acceptable if it is more than three handbreadths above the ground. The rationale for this ruling is that a pole is considered like a wall, and a wall must reach within three handbreadths of the ground.
|
| 92. |
Note the Mishnah Berurah 363:22, which states that this restriction applies regardless of the size of the pole.
|
| 93. |
As mentioned in the notes on the beginning of the halachah, the Rambam's ruling is not accepted by all the authorities.
|
| 94. |
As mentioned in Halachah 9, a beam that is placed over the entrance of a lane differentiates between the lane and the public domain. When, however, this beam is covered by a mat, it appears that it was placed there to hang objects on it and thus no longer serves its original function.
|
| 95. |
Although the beam is no longer considered significant for its original purpose. If the mat reaches the ground - or because of the principle of l'vud, within three handbreadths of the ground - it is considered to be a wall, provided it is tied so that it will not be moved by the wind. (See Chapter 16, Halachah 24.)
|
| 96. |
The Shulchan Aruch (Orach Chayim 363:25) mentions that these spikes are implanted at an angle, inclined toward the inside of the lane. Thus, there are two difficulties with the beam:
a) It is placed on the spikes and not on the walls of the lane itself,
b) Its span is shorter than the width of the lane itself.
From the diagram drawn by the Maggid Mishneh to depict the Rambam's conception, it would appear that there is a difference of opinion and the difficulty is that the spikes and the beam are outside the lane.
|
| 97. |
The Shulchan Aruch (loc. cit.) mentions that if the pole is within three handbreadths of the wall of the lane, it is acceptable, based on the principle of l'vud.
|
| 98. |
The Maggid Mishneh, Shulchan Aruch HaRav 363:23, and the Mishnah Berurah 363:67 explain that even if the beam does not reach either wall (e.g., it is placed atop a pillar, in the midst of the lane), it is acceptable as long as it is within three handbreadths of both walls.
|
| 99. |
For they are considered as though they are connected, based on the principle of l'vud.
|
| 100. |
See Halachah 13.
|
| 101. |
Based on Eruvin 14a, the Ra'avad explains that the beams must be close enough to each other actually to support the brick if placed there. The Rambam (see the gloss of the Maggid Mishneh) explains that as long as the beams are within three handbreadths of each other, and their combined width is a handbreadth, theoretically, they would be strong enough to support a brick placed upon them. Hence, it is sufficient even though in their present position, the beams are unable to support a brick.
The Shulchan Aruch (Orach Chayim 363:22) mentions both interpretations, but appears to favor that of the Rambam. Note, however, Shulchan Aruch HaRav 363:24, which states that one should be stringent and follow the Ra'avad's view.
|
| 102. |
This is based on the principle of chavot rami, literally, "cast it down." We find this principle also applied in Hilchot Sukkah 5:21 and Hilchot Tum'at Meit 16:6.
The Maggid Mishneh and the Kessef Mishneh, however, both note the apparent differences between the Rambam's citation of this principle here and in Hilchot Sukkah, where the Rambam states:
Since as mentioned in the previous notes, it is only the combined width of the beams which is a handbreadth, and each beam is smaller, the Maggid Mishneh asks why the principle of chavut rami applies. Seemingly, it would be necessary for the upper beam to be a handbreadth wide as well.
|
| 103. |
The maximum acceptable height for a beam (Halachah 14).
|
| 104. |
The minimum acceptable height for a beam (ibid.).
|
| 105. |
As explained in the opening clause of this halachah. With regard to this clause as well, the objection raised by the Ra'avad with regard to the first clause is also relevant. Indeed, it is far more applicable in this instance, for when the boards are not on the same plane, it is impossible for them to hold a brick.
As in the first clause, the Shulchan Aruch (loc. cit.:23) quotes both opinions, but appears to favor the Rambam's view. In this instance, however, most of the later authorities suggest accepting the stringency suggested by the Ra'avad.
|
| 106. |
The Mishnah Berurah 363:63 explains that this law involves a further leniency: Since the beam is rounded, it will not be able to support a brick. Nevertheless, since it would be strong enough to accept a brick if it were straight, it is acceptable.
|
| 107. |
The Rambam's words are a direct quote from the Mishnah (Eruvin 1:5). In his Commentary on the Mishnah, the Rambam notes that the relation mentioned here is merely an approximation, and the ratio of the diameter of a circle to its circumference is pi.
|
| 108. |
I.e., the portion of the beam that extends beyond its place is considered as if it did not exist, and we calculate the distance - on a straight line - between the two points of the beam on the extremity of the permitted area. If that distance is less than three handbreadths, it is acceptable, because of the principle of l'vud. If not, a new beam is required.
|
| 109. |
Wells are generally ten handbreadths deep and four handbreadths by four handbreadths wide, thus constituting a private domain. Accordingly, if the area around them is not enclosed, it is forbidden to draw water and drink, since by doing so one will be removing an article from a private domain to a carmelit or to a public domain.
As mentioned in Halachah 30, our Sages granted the leniency mentioned in this halachah as a specific dispensation to the pilgrims journeying to Jerusalem for the festivals. Rather than require the well to be surrounded by a proper wall, they allowed the use of such a structure.
|
| 110. |
See Figure A. Note the Mishnah, Eruvin 2:1, which uses the term d'yomdin, which literally means "two pillars" to describe the structure positioned at each of the corners of the square.
|
| 111. |
This is the minimum length of the walls placed at each side of the corner. Although a wall of four handbreadths is considered significant in many instances, in the case at hand a larger measure is required, because the majority of the enclosure remains open.
|
| 112. |
This is the maximum size of the space allowed between walls. As obvious from Halachah 29, it may be smaller.
|
| 113. |
See Figure B.
|
| 114. |
See Figure C.
|
| 115. |
Based on the principle of l'vud.
|
| 116. |
If the enclosure was any smaller, it is likely that an animal may turn and its owner would carry the bucket out of the enclosure. Eruvin 19a states that this distance is two cubits in length on each side.
|
| 117. |
A camel is much larger than a cow and its head and the majority of its body cannot fit into the space for the head and the majority of the body of a cow.
|
| 118. |
I.e., the further the distance from the well, the larger the distance between the corners becomes. Rather than make the corner walls larger, it is proper to add a third (or more) wall to each side, to maintain the distance between each wall at thirteen and one third cubits or less (Eruvin 18a). See the accompanying diagram.
|
| 119. |
As the halachah mentions below, this leniency was generally allowed for animals; only when the well was very wide were men also allowed to benefit from it.
|
| 120. |
I.e., a well - which is itself a source of water - but not a reservoir or cistern in which water was stored. See the following halachah.
|
| 121. |
I.e., in contrast to one belonging to a private individual. See the following halachah.
|
| 122. |
This distinguishes the area as a private domain. In regard to descending to drink from the well see Chapter 24, Halachah 4.
|
| 123. |
This interpretation of the Hebrew חגורה follows the commentary of Tosafot, rather than Rashi (Eruvin 22b).
|
| 124. |
Although there is no transgression in performing such an activity, since the stall projects within the enclosure, our Sages forbade this for the reasons stated by the Rambam.
|
| 125. |
The Rambam's ststements are based on Eruvin 20b, which explains that while attempting to fix the broken stall, the person may carry the bucket to the public domain. Nevertheless, as theMerkevet HaMishneh notes, the Rambam slightly changes the description of the situation mentioned in the Talmud to allow for a shorter, more concise text.
|
| 126. |
Note the Avnei Nezer (Orach Chayim, Responsum 265), who question how large an area may be included with such walls for the area to be considered a private domain according to the Torah. From the Rambam's statements, it appears that even if there are more than thirteen and one third handbreadths between the walls, it is still considered a private domain.
|
| 127. |
Thus, the restrictions against drawing water from such a well mentioned in Halachah 30 and 31 are Rabbinic in origin. When our Sages instituted these restrictions, they considered the difficulties that might be caused to the festive pilgrims and did not impose them in regard to their animals.
|
| 128. |
Eruvin 22a explains that even if a public thoroughfare passes through such a structure, it is still considered to be a private domain, because it has the abovementioned walls. Note the statements of the Baal HaHashlamah, who differs with the Rambam's ruling.
|
| 129. |
See Halachah 18.
|
| 130. |
For it is permitted to carry from one private domain to another. Since there are no people dwelling in the enclosure, an eruv is not required (Rashi, Eruvin 20a).
|
| 131. |
Since people from two different courtyards are using the area, an eruv is required. Nevertheless, once an eruv is made, there is no difficulty in carrying from the courtyards to the enclosure. Although there is an opinion (Eruvin 20a) that forbids carrying in such a situation even when aneruv has been made, it is not accepted as halachah.
Rashi (loc. cit.) explains that the two courtyards must enter between the same walls of the enclosure and share a common divider. The eruv must be placed in an opening in this divider. If, however, the courtyards are on opposite sides of the enclosure, the eruv is not effective. Rabbi Akiva Eiger states that there is no indication of such a restriction in the Rambam's words.
|
| 132. |
We do not say that since it was permitted to carry in the enclosure for a portion of the Sabbath, we are able to continue carrying within (Rashi, loc. cit.).
|
| 133. |
According to the Torah itself, however, the enclosure is a private domain, as reflected in the previous halachah.
|
| 134. |
From the Rambam's wording, it would appear that this leniency applies regardless of whether the well had dried up on the Sabbath or was dry even before the Sabbath commenced. If it begins to flow with water, one may carry within the enclosure. Note, however, Rashi (loc. cit.) and the Baal HaHashlamah, who maintain that the leniency applies only when originally there was water in the well at the commencement of the Sabbath. Since the walls of the enclosure were not considered to be an acceptable partition at the commencement of the Sabbath, they cannot become acceptable on that Sabbath.
|
| 135. |
See Chapter 16, Halachah 22.
|
| 136. |
In his Commentary on the Mishnah (Eruvin 9:3), the Rambam differentiates between this instance and others (e.g., Chapter 16, Halachah 13), where, since permission is granted to carry within an area at the commencement of the Sabbath, that permission is continued throughout the Sabbath. These leniencies are granted when the difficulties arise because of the restrictions involved in making an eruv.
A more stringent ruling is applied in this situation, because if the pole or beam is removed, it is as if the area is open entirely. The difficulty is not in the status of the people within the enclosure, but in the enclosure itself. It no longer fits the standards required by the Sages.
|
| 137. |
And there is thus no possibility of one of the Torah's prohibitions being violated. Nevertheless, carrying in such a lane is forbidden because of Rabbinic decree.
|
| 138. |
A Greek architectural structure with three (and sometimes two) walls and a roof with an aperture for sunlight in the center. Often translated as "a porch."
|
| 139. |
Generally, as reflected by his statements in Halachah 2, the Rambam prohibits carrying in a structure with only three walls unless an additional measure is taken - e.g., the construction of a pole or a beam. In this instance, as he explains, that function is served by the edge of the roof, which is considered to descend and form the fourth wall. (See Chapter 16, Halachah 7.)
|
| 140. |
Note the Shulchan Aruch (Orach Chayim 361:2), which states that this applies even when the opening is more than ten cubits wide. See also the Maggid Mishneh, who mentions that there are opinions that require a portion of the wall to remain at either corner for this principle to apply.
Note also the Ramah (Orach Chayim 361:2), who applies the principle, "the edge of the roof is considered to descend," even with regard to a structure of two walls, provided the walls are built as an L.
|
| 141. |
The Ra'avad and others object to this ruling, for as mentioned in the notes on Halachot 2 and 9, they maintain that a structure with three walls is considered to be a private domain according to the Torah.
|
| 142. |
See Chapter 16, Halachah 16.
|
| 143. |
See Chapter 16, Halachah 20.
|
| 144. |
I.e., were there to be a beam of the roof of the house extending over the portion that was open, we can apply the principle stated in the above portion of the halachah, "the edge of the roof is considered to descend," and on this basis allow one to carry within.
|
| 145. |
This clause - which significantly is lacking in some authoritative manuscripts of the Mishneh Torah - has created discussion among the commentaries. In his commentary on Eruvin 94a, Rashi explains that the word "angle" mentioned in the Talmud refers to roofs which, like most of the roofs in Europe, descend at a slant. When a roof is flat, the principle "the edge of the roof is considered to descend" applies. If the roof descends at an angle, the principle does not. This interpretation is quoted by Rav Yosef Karo, both in his Kessef Mishneh and in his Shulchan Aruch (loc. cit.) as a different interpretation than that of the Rambam.
The Rambam's conception is clearly expressed in his Commentary on the Mishnah (Eruvin 9:3), where he interprets the term "angle" to mean that the beams of the roof were built on a slant, as in the accompanying diagram. Since the beams do not end in the place where the opening was made - but were rather broken off abruptly - the principle "the edge of the roof is considered to descend" does not apply.
|
| 146. |
This measure is not particularly relevant with regard to the laws of the Sabbath. Nevertheless, it is mentioned here, because the measures of a handbreadth and a cubit, which are extremely relevant, are dependent on it. See Hilchot Sefer Torah 9:9, which defines a fingerbreadth as the length of two barley corns. In modern measure, it is 2 centimeters according to Shiurei Torahand 2.4 centimeters according to the Chazon Ish.
|
| 147. |
Thus, 8 centimeters according to Shiurei Torah and 9.6 centimeters according to the Chazon Ish.
|
| 148. |
Note Hilchot Beit HaBechirah 2:6, which explains that some of the cubits used for the altar's dimensions contained only five handbreadths.
|
| 149. |
I.e., when a more stringent approach would call for a larger measure, it is the larger measure that is required. When a more stringent approach would call for a smaller measure, it is the smaller measure that is required.
The Maggid Mishneh quotes the Rashba as stating that the difference between these two measurements is half a fingerbreadth.
|
Matnot Aniyim - Chapter 8
Halacha 1
Charity is considered as a vow. Therefore one who says: "I pledge to give asela to charity"1 or "[I will give] this sela to charity,"2he is obligated to give it [to charity] immediately.3 If he delays, he transgresses the commandment against delaying [the observance of one's vow],4for he has the capacity to make the gift immediately and [generally,] there are poor people at hand.
If there are no poor people at hand, he should set aside [the donation] and put it away until he finds poor people.5 If he made a stipulation that he is not obligated to make the donation until he finds poor people, he does not have to separate it [until the poor are at hand]. Similarly, if he made a stipulation at the time he made his vow to charity or pledged his donation that the trustees of the charitable fund could exchange it for gold, they are permitted to do so.6
Halacha 2
When a person extends a vow made to charity, he is obligated as is the case with regard to other vows.7
What is implied? If he said: "This sela is like this one [given to charity], it is also charity. When a person sets aside a sela and says: "This is charity" and then takes another sela and says: "And this," the second is also charity even though he did not say so explicitly.8
Halacha 3
When a person takes a vow [to give charity], but does not remember how much he vowed to give, he should give until he says: "I did not intend [to give] this [much]."9
Halacha 4
[The following rules apply] both to a person who says: "This sela is charity" and one who says: "I pledge a sela for charity" and sets it aside. If he desires to exchange it with another [coin], he is permitted to do so.10 Once it reaches the hand of the treasurer of the charity, it is forbidden to be exchanged. If the treasurer of the charity desires to exchange the common currency fordinarim,11 they are not permitted to do so.12 If there are no poor among whom to distribute the funds, they should have others exchange the coins,13but they should not do so themselves.
Halacha 5
If the poor would benefit from the delay of the money in the possession of the charity collector so that he could motivate others to give,14 that charity collector may borrow the money and pay [when the funds are required]. For charity does not resemble funds dedicated to the Temple treasury from which it is forbidden to benefit.
Halacha 6
When a person donates a candelabra or a lamp to a synagogue, it is forbidden to exchange it.15 If it is for a sacramental purpose, it is permitted to exchange it, even though the name of the donor is still associated with it, e.g., it is said: "This is so-and-so's candelabra" or "...so-and-so's lamp."16 If the name of the donor is no longer associated with it, it may be exchanged17 even for matters that are not sacramental in nature.
Halacha 7
When does the above apply? When the donor was Jewish. If, however, he was a gentile, it is forbidden to exchange it even for matters that are sacramental in nature as long as the name of the donor is still associated with it.18 [We fear that] the gentile might say: "I consecrated an article to the Jews' synagogue and they sold it for their own purposes."19
Halacha 8
When a gentile seeks to make a donation to the Temple treasury, initially, we do not accept it. If, however, it was taken from him, we do not return it to him. If it was a specific article, e.g., a beam or a stone, we return it to him so that there will not be a specific entity in the Temple associated with [a gentile], as [Ezra 4:3] states: "It is not for you,20 together with us to build a Temple for our God."21 For a synagogue, by contrast, we may accept their [donations, even] initially, provided they say: "I am donating it according to the intent of the Jewish people." If he does not say so, it must be entombed, for perhaps his intent was to consecrate it unto God.22 We do not receive donations23 from them for the walls of Jerusalem or an aqueduct in [that city], as [Nechemiah 2:20] states: "And you do not have a portion or a remembrance in Jerusalem."24
Halacha 9
Halacha 10
The redemption of captives receives priority over sustaining the poor and providing them with clothing. [Indeed,] there is no greater mitzvah than the redemption of captives.30 For a captive is among those who are hungry, thirsty, and unclothed and he is in mortal peril.31 If someone pays no attention to his redemption, he violates the negative commandments: "Do not harden your heart or close your hand" (Deuteronomy 15:7), "Do not stand by when the blood of your neighbor is in danger" (Leviticus 19:16), and "He shall not oppress him with exhausting work in your presence" (ibid. 25:53). And he has negated the observance of the positive commandments: "You shall certainly open up your hand to him" (Deuteronomy 15:8), "And your brother shall live with you" (ibid. 19:18), "Love your neighbor as yourself" (Leviticus 19:18), "Save those who are taken for death" (Proverbs 24:11), and many other decrees of this nature. There is no mitzvah as great as the redemption of captives.
Halacha 11
When the inhabitants of a city collected money for building a synagogue and a purpose associated with a mitzvah arose, they may use the money for that purpose. If they purchased stones and beams, they should not sell them [and use the proceeds] for a purpose associated with a mitzvah other than the redemption of captives.32 Even though they brought the stones [to the building site], cut the beams and shaped them to size, and prepared everything for building, it should all be sold, [but] only for the sake of redeeming captives. If the built [the synagogue] and completed it,33 it should not be sold. Instead, the funds necessary to redeem the captives should be raised from the community.34
Halacha 12
We do not redeem captives for more than their worth35 for the benefit of the world at large, i.e., so that enemies will not pursue people to hold them captive.36We do not assist captives in escaping, for the benefit of the world at large, i.e., so that enemies will not oppress captives seriously and be very strict when guarding them.37
Halacha 13
When a person sold himself and his children [as servants] to gentiles or borrowed money from them and they held him captive or imprisoned him [because of his failure to pay] the loan, it is a mitzvah to redeem him the first or second time [he is held]. [If this happens] a third time, we do not redeem him.38We do, however, redeem the sons after their father's passing.39 If they sought to kill him, we redeem him from their hands even if he [has been held captive] several times.40
Halacha 14
When a servant is held captive, since he immersed himself [in the mikveh] and accepted the mitzvot,41 he should be redeemed like a Jew who has been taken captive. When a captive abandons his faith even with regard to only one mitzvah, e.g., he eats meat from animals that were not ritually slaughtered with the intent of angering God42 or the like, it is forbidden to redeem him.
Halacha 15
A woman receives precedence over a man with regard to being given sustenance, clothing, and to be redeemed from captivity.43 [The rationale is that] it is common for a man to beg, but not for a woman and this is extremely embarrassing for her. If they were both held in captivity and they were both solicited for a transgression,44 the man should be redeemed first, because this is not ordinary for him.45
Halacha 16
When a male and female orphan come seeking assistance in marriage, we assist the woman before the man, because the woman's shame is greater. She should not be given less than the weight of six and a quarter dinarim of pure silver.46 If the treasury of the charitable fund has the means, we give the money according to her honor.
Halacha 17
If there were many poor people or many captives and one does not have the means to provide sustenance or clothing for all of them or to redeem all of them, a priest is given precedence over a Levite.47 A Levite is given precedence over an Israelite. An Israelite is given precedence over a challal,48a challal over a shituki,49 a shituki over an asufi,50 an asufi over a mamzer,51 amamzer over a netin,52and a netin over a convert. [The rationale for the latter is that] a netin grew up with us in holiness.53 A convert is granted precedence over a freed servant, for [the latter] was originally among those who were "cursed."54
| FOOTNOTES | |
| 1. |
I.e., he accepts the obligation upon himself. This is referred to as a vow (Hilchot Nedarim 1:2).
|
| 2. |
Designating the coin for that purpose. This is referred to as a donation (ibid.).
|
| 3. |
For one is obligated to fulfill his pledges at the earliest possible date.
|
| 4. |
Deuteronomy 23:22 commands: "Do not delay in paying it" and Hilchot Ma'aseh HaKorbanot 14:13 considers the prohibition against delaying payment of one's vows as one of the 613 commandments.
|
| 5. |
He does not, however, have to seek out poor people to give it to them (Siftei Cohen 257:5).
|
| 6. |
Compare to Halachah 4.
|
| 7. |
See Hilchot Nedarim 3:3-4.
|
| 8. |
Although Nedarim 7a leaves this matter unresolved, the Rambam and other authorities rule stringently.
|
| 9. |
I.e., we obligate him to give until he is certain that he gave an amount that surpassed his vow.
|
| 10. |
Unlike a coin consecrated to the Temple treasury, there is no necessity for a formal process of exchange. The Tur and the Shulchan Aruch (Yoreh De'ah 259:1) mention a further leniency, stating that a person may lend out this money - either to himself or to others. See Halachah 5.
|
| 11. |
I.e., taking petty change and exchanging it for larger coins.
|
| 12. |
Lest they be suspected of profiting on the exchange.
|
| 13. |
And thus that suspicion will not apply.
|
| 14. |
I.e., as long as they hold the money in their possession, they will continue trying to influence others to give. Once they give the money to the poor, we fear that they will cease their efforts.
|
| 15. |
I.e., to sell it and use the money for another charitable purpose.
|
| 16. |
The Radbaz states that, for that same purpose, if the name of the donor is engraved upon it, it may not be sold for a non-sacramental purpose. This ruling is quoted by the Rama (Yoreh De'ah259:3).
|
| 17. |
From the wording of the Shulchan Aruch (Yoreh De'ah 259:3), the Turei Zahav infers that the decision to exchange the article must be made by the community. It is not sufficient for the trustee of the synagogue to make it alone.
|
| 18. |
If, however, the donor's name is no longer associated with it, it may be sold (Siftei Cohen 259:13).
|
| 19. |
This would lead to the desecration of God's name (Turei Zahav 259:6).
|
| 20. |
These words were originally addressed to the heads of the gentile nations who offered to help the Jews who returned to Zion rebuild the Temple. Nevertheless, they apply with regard to all gentiles in every age.
|
| 21. |
The verse continues: "Instead, we ourselves will build it."
|
| 22. |
And thus it would be forbidden to benefit from it.
|
| 23. |
I.e., specific entities like beams or stones. An entity that is not specific may be accepted, for there is no reason to be more stringent for the walls of Jerusalem than for the Temple itself (Radbaz).
|
| 24. |
These words, spoken by Nechemiah to the gentile enemies of the Jews who returned to Zion, are taken beyond their literal context and applied to building the city at all times.
|
| 25. |
Based on Hilchot Melachim 10:10, we can assume that this is speaking about an idolater. If, however, a gentile accepts upon himself the observance of the Seven Universal Laws commanded to Noah and his descendants, we are permitted to accept charity from him.
|
| 26. |
The impression that the Jews cannot take care of their own and must rely on the gentiles for charity degrades the honor of God's name (Turei Zahav 254:1). If, however, the gentiles' charity is given in private, there is no difficulty in accepting it. Indeed, a person who accepts charity from the gentiles in public is not acceptable as a witness (Hilchot Edut 11:5).
|
| 27. |
For it is highly likely that the king would take offense were he to hear that his charity was spurned.
|
| 28. |
We do not give it to the Jews, less this generate merit for the gentile king and allow his kingship to prosper (Bava Batra 10b).
|
| 29. |
For diverting the charity from its intended purpose is also likely to arouse the king's rage.
The Shulchan Aruch (Yoreh De'ah 254:2) quotes the Rambam's ruling. The Rama states that the king's wishes should be heeded.
|
| 30. |
For as the Rambam continues to explain, all of the different aspects of charitable gifts are included in the redemption of captives (Bava Batra 8b).
|
| 31. |
For at any time, his captors may take his life.
|
| 32. |
An exception is made in this instance, because the captives' lives are at risk.
|
| 33. |
From the Rambam's wording, the Turei Zahav 252:21 infers that if the building is not complete, it may be sold.
|
| 34. |
The Siftei Cohen 252:1 states that if the community has no way of raising the funds through other means, it may sell the synagogue.
|
| 35. |
I.e., they are evaluated like servants sold at a slave market (Meiri, Gittin 45a).
|
| 36. |
Gittin, loc. cit. gives two reasons:
a) Were lawless men to know that they could receive exorbitant prices for the redemption of captives, they would be encouraged to kidnap them frequently.
b) this would be very taxing for the community.
The Rambam follows the latter view. Hence, even family members who would be willing to pay the extra expense are forbidden to do so (Radbaz). When quoting this law, the Shulchan Aruch(Yoreh De'ah 252:4) states that if the captive is a Torah scholar, an exception can be made and he may be redeemed for more than his worth.
|
| 37. |
I.e., if captives were wont to be helped to escape, kidnappers would become very strict and harsh when guarding other captives in the future.
|
| 38. |
For it appears that the father has no compunctions against selling himself or his children and thus the situation will merely repeat itself.
|
| 39. |
Lest they become assimilated among the nations. During their fathers' lifetime, by contrast, we presume that he will educate them concerning their Jewish heritage even when they are held by the gentiles (Rashi, Gittin 47a).
|
| 40. |
For we do not place any financial concerns above Jewish life.
|
| 41. |
See Hilchot Issurei Bi'ah 13:11, 14:9, which explain that these steps are necessary for a servant to attain the status of a servant of the Jewish people.
|
| 42. |
If, however, he transgresses because it is to his benefit to do so, he may be redeemed, but there is no obligation to redeem him [Rama (Yoreh De'ah 251:2)].
|
| 43. |
There is another reason to give a woman precedence with regard to the redemption from captivity: We fear that the woman may be raped.
|
| 44. |
The Rambam is using a euphemism for sexual relations.
|
| 45. |
I.e., sodomic rape is against a man's nature. Hence it is more shameful than ordinary rape.
|
| 46. |
Ketubot 67b says the woman should be given 50 dinarim, but those are not pure silver. Instead, they were seven eights base metals and one eighth pure silver.
|
| 47. |
I.e. we give respect to the holiness of the priest's lineage.
|
| 48. |
The term challal refers to the offspring of a priest who was born from intimate relations forbidden to a priest or is the descendant of the offspring of such relations. See Hilchot Issurei Bi'ah, ch. 19. Such a person - and similarly, those that are mentioned afterwards - is considered to be of blemished lineage. The extent of the blemish determines the person's place on the ladder of precedence. See the Rambam's Commentary to the Mishnah (Horiot 3:8) which mentions further details concerning this order of succession.
|
| 49. |
The term shituki means "one who is silenced" and refers to a child who knows the identity of his mother, but does not definitely know the identity of his father. He is silenced when he inquires about that matter (Hilchot Issurei Bi'ah 15:12).
|
| 50. |
The term asufi means "one who was gathered in" and refers to a child who knows neither the identity of his mother, nor of his father, but instead was "gathered in" from the market place (Hilchot Issurei Bi'ah 15:13). Both a shituki and an asufi are mamzerim of questionable status, i.e., it is possible that they are mamzerim and it is possible that they are not. Hence, they are given precedence over a person who is definitely a mamzer [the Rambam's Commentary to the Mishnah (loc. cit.)].
|
| 51. |
The term mamzer refers to a child who was born from an incestuous or adulterous relationship. See Hilchot Issurei Bi'ah, ch. 15.
|
| 52. |
The term netin, means "the designated ones" and refers to the descendants of the Gibeonites, one of the seven Canaanite nations who converted en masse. Joshua decreed that they be forbidden to marry among the Jewish people. David reinforced that decree, causing it to apply even at a time when the Sanctuary is no longer standing (Hilchot Issurei Bi'ah 12:22-23).
|
| 53. |
I.e., as a Jew, and was educated in an environment of holiness 13 [the Rambam's Commentary to the Mishnah (ibid.)].
|
| 54. |
With regard to servants, it is written (Genesis 9:25): "Cursed is Canaan. He shall be a servant of servants" (Rashi, Ketubot, loc. cit.).
|
| 55. |
Who is given the highest degree of respect in terms of position [the Rambam's Commentary to the Mishnah (loc. cit.)].
|
| 56. |
Hilchot Talmud Torah 3:2 interprets Proverbs 3:15 which states that the Torah is "Dearer than pearls" (mip'ninim) as meaning that the Torah receives precedence over the High Priest who enters the inner most chamber (lifnei ulifni'im).
|
| 57. |
The Rambam mentions the teacher before the father, because that is the order of precedence. The rationale is that one's father brought one into this world, but his teacher brings him into the world to come. If, however, his father is a Torah scholar, even if he is a lesser scholar than the teacher, the father receives precedence (ibid. 5:1; Hilchot Gezeilah 12:2).
|
| 58. |
The Radbaz questions why a person's father is not given precedence over a Torah scholar even if the father is unlearned. Although the Shulchan Aruch (Yoreh De'ah 251:9) quotes the Rambam's ruling, the Siftei Cohen 251:17 states that one's father receives precedence even when he is unlearned.
|
Matnot Aniyim - Chapter 9
Halacha 1
In every city where Jews live, they are obligated to appoint faithful,1 men of renown as trustees of a charitable fund. They should circulate among the people from Friday to Friday and take from each person what is appropriate for him to give and the assessment made upon him. They then allocate the money from Friday to Friday, giving each poor person sufficient food for seven days. This is called the kupah.2
Halacha 2
Similarly, we appoint trustees who take bread, different types of food, fruit, or money from every courtyard from those who make a spontaneous donation and divide what was collected among the poor in the evening, giving each poor person sustenance for that day. This is called the tamchui.3
Halacha 3
We have never seen nor heard of a Jewish community that does not have akupah for charity. A tamchui, by contrast, exists in some communities, but not in others. The common practice at present is that the trustees of the kupahcirculate [among the community and collect] every day and divide [the proceeds] every Friday.4
Halacha 4
On fast days, we distribute food to the poor. Whenever there is a fast day on which the people eat and went to bed without distributing charity to the poor, they are considered as murderers.5 Concerning them, the Oral Tradition says [Isaiah 1:21]:6 "Charity is held overnight and now [you are] murderers."
When does this apply? When they did not give them bread and fruit which is [usually] eaten together with bread, e.g., dates and grapes. If, however, they delayed the delivery of money or wheat, they are not considered as murderers.7
Halacha 5
[Money for] the kupah should be collected only by two people together,8 for no less than two communal trustees should ever be appointed over the financial interests of the community. It is permitted to entrust the money of the kupah to one person, but [the funds] should not be distributed by less than three trustees, because [the allocation] is comparable to a judgment concerning financial matters, since each person is given his needs for that week. [Donations for] the tamchui should be collected by three - because it does not involve a fixed amount9 - and it is distributed by three.
Halacha 6
Halacha 7
The inhabitants of a city have permission to give [the donations given to] thekupah to the tamchui and [those given for] the tamchui to the kupah. Similarly, they may exchange [these donations] for any communal purpose that they desire even though a stipulation to that effect was not made when they were collected.12 If there is a great sage in that city dependent on whose judgment all collections are made13 and he is the one who allocates the funds to the poor according to his assessment, he is permitted to use [these funds] for any communal purpose he sees fit.
Halacha 8
Halacha 9
Halacha 10
If a charity trustee is owed money by a colleague and [the latter] pays him in the marketplace, he should not put [this money] in his pocket, but instead into the wallet of the charitable fund.18 When he comes home, he should take it [for himself].
He should not count out the money of the charitable fund in pairs, but rather one coin at a time, lest suspicions be aroused,19 as [implied by Numbers 32:22]: "And you shall be guiltless in the eyes of God and Israel."20
Halacha 11
When the trustee of a charitable fund does not have poor people to whom to distribute the money, he may exchange the coins for dinarim.21 Another person, however, [should carry out the transaction], not he himself.22
When the trustee of a tamchui does not have poor people to whom to distribute [the food he collected], he should sell it to others,23 but not to himself.24
We do not enter into a reckoning with the trustee of a charitable fund concerning the charity he collected25 or with the treasures of the Temple regarding funds consecrated to them, as stated [in II Kings 22:7]: "No reckoning shall be made with them for the money entrusted to them because they are acting in good faith."26
Halacha 12
When a person has lived in a city for 30 days, we compel him to give charity to the kupah together with the inhabitants of the city.27 If he dwelled there for three months, we compel him to contribute to the tamchui.28 If he dwelled there for six months, we compel him to contribute to the fund used to clothe the poor of the city. If he dwelled there for nine months, we compel him to contribute to the fund used for the burial of the poor of the city and the provision of all their burial needs.29
Halacha 13
When a person has enough food for two meals, it is forbidden for him to take from the tamchui.30 When he has enough food for fourteen meals, he should not take from the kupah.31 If he has 200 zuz, even if he does not invest or do business with them - or 50 zuz that he invests32 - he should not takeshichachah, peah, or the tithe for the poor. If he has 200 zuz less a dinar, even though 1000 people give him at one time,33 he is permitted to take [the above]. If he has money in hand, but he owes a debt or it is under lien to his wife for herketubah, he is permitted to take.34
Halacha 14
When a poor person is in need, but owns a courtyard and household utensils - even silver and golden utensils - we do not obligate him to sell his house and his personal possessions. Instead, he is permitted to accept [charity] and it is a mitzvah to give him.
Halacha 15
When a man of means is in the midst of a journey from city to city, he used up all his money on the journey, and he does not have anything to eat, it is permitted for him to take leket, shichachah, pe'ah, and the tithe for the poor and he may benefit from charity. When he returns to his home,40 he is not obligated to pay, because he was poor at that time.41 To what can this be compared? To a poor person who became wealthy who is not obligated to pay back [the charity he received while poor].
Halacha 16
When a person possesses homes, fields, and vineyards42 which were he to sell them in the winter, he would be forced to sell them cheaply,43 but were he to leave them until the summer, he would be able to sell them at their worth, we do not obligate him to sell them [in the winter]. Instead, we enable him to partake of the tithe of the poor [until he partakes of] half the worth of his property44 [so that] he will not be pressed to sell outside the [appropriate] time to sell.
Halacha 17
If people at large were purchasing property at high prices,45 but he could only find people to purchase from him cheaply, because he is pressed for funds and preoccupied,46 we do not require him to sell [at a low price]. Instead, he is allowed to continue to partake of the tithe for the poor47 until he can sell his property at its worth and everyone will know that he is not under pressure to sell.
Halacha 18
When funds were collected for a poor person to satisfy his lack and [the collection] exceeded his needs, the additional funds belong to him. Extra funds [donated for] the poor should be given to the poor. Extra funds [donated for the redemption of] captives should be used for that purpose.48 Extra funds [donated for the redemption of] one individual captive should be given to that captive.49 Extra funds [donated for the burial of] the deceased should be used for that purpose.50 Extra funds [donated for the burial of] an individual deceased person should be given to his heirs.51
Halacha 19
When a poor person gives a p'rutah to the tamchui or to the kupah, we accept it from him. If he does not give, we do not require him to give.52 If he was given new clothes and he gave them back his worn clothes, we accept them from him. If he does not give them, we do not require him to.
| FOOTNOTES | |
| 1. |
See Chapter 10, the conclusion of Halachah 8.
|
| 2. |
The term literally means "container" and refers to the charity box in which donations were placed and by extension, to the fund financed by those collections.
|
| 3. |
In his Commentary to the Mishnah (Keilim 13:3), the Rambam defines this term as a pot with compartments.
|
| 4. |
So that the poor will have their Sabbath needs provided for.
|
| 5. |
On fast days, it was customary to distribute food to the poor after the evening service at the conclusion of the fast. Since the poor would look forward to this meal and rely on it to break their fast. If it was not provided to them, they would go to bed without food (Rashi, Sanhedrin 35a).
|
| 6. |
We have translated the verse according to the meaning with which it is employed by the Rambam. In its literal context, it would be translated differently.
|
| 7. |
Because regardless, this does not provide the poor with readily available food and they were not depending on it for their meal (Rashi, loc. cit.).
|
| 8. |
Three individuals are not necessary for we are speaking about a specific sum levied upon each person and there is no aspect of judgment involved (Tosafot, Sanhedrin 35a).
|
| 9. |
Since it does not involve a fixed amount, it is comparable to a judgment and hence, requires three individuals (the Rambam's Commentary to the Mishnah, as quoted by the Radbaz).
|
| 10. |
This bracketed addition is based on the gloss of the Radbaz who emphasizes that the kupah was intended to provide the local poor people with their essential needs, while the tamchui was intended as a supplement for them from which others were also allowed to take. From other authorities, however, it appears that the intent is that only poor people from other places are allowed to benefit from the tamchui.
|
| 11. |
I.e., including poor people from other places.
|
| 12. |
If, however, a stipulation was made that the funds donated be used for a specific charitable purpose, they may be used only for that purpose.
|
| 13. |
The Rama (Yoreh De'ah 256:4) states that this same law applies with regard to a charity collector appointed by the community.
|
| 14. |
In this way, no one will have the impression that the trustee misappropriated the money (Rashi,Bava Batra 9b).
|
| 15. |
I.e., in a manner in which each remains in the other's sight (Bava Batra, loc. cit.).
|
| 16. |
Which as the discoverer he is entitled to keep for himself.
|
| 17. |
Lest people say that he is taking money from the charitable fund (Rashi, loc. cit.).
|
| 18. |
Lest people say that he is taking money from the charitable fund (Rashi, loc. cit.).
|
| 19. |
I.e., people might say that he is counting pairs and then taking one of each pair for himself (ibid.).
|
| 20. |
Implied is that not only should one not transgress, but that there would not be the slightest suspicion of transgression.
|
| 21. |
Coins of greater worth.
|
| 22. |
Lest people think that he is profiting by the transaction.
|
| 23. |
And use the proceeds for the tamchui at a later date.
|
| 24. |
Lest people think that he is profiting by the transaction.
|
| 25. |
I.e., we do not ask them to make a precise reckoning of the income and expenses of the charitable fund.
|
| 26. |
This verse describes the practice conducted by King Josiah with regard to the money collected from the people for the renovation of the Temple. It, however, is understood as applying beyond immediate context and applying with regard to all those who oversee charitable funds.
The Shulchan Aruch (Yoreh De'ah 257:2) quotes the Rambam's ruling. The Rama adds that, in the spirit of the verse from Numbers cited above, it is desirable for a trustee to give an account. Moreover, he continues, the above applies only with regard to those trustees who have an honorable reputation and who were appointed to their position by the community. If a trustee does not have such a reputation or he seized his position by force, he is required to make an accounting.
|
| 27. |
I.e., the kupah represents the most urgent needs of a community. Hence, as soon as a person has been there for a significant time, he is required to pay the levy for that fund. The longer he stays in the community, the more communal responsibility he is required to take.
|
| 28. |
The commentaries note that the standard version of Bava Batra 8b, the source for the Rambam's ruling, reverses the text and makes one responsible for the tamchui before the kupah. They explain, however, that there are versions of the text that support the Rambam's ruling. It is quoted by Shulchan Aruch (Yoreh De'ah 256:5).
|
| 29. |
The Radbaz and the Shulchan Aruch (loc. cit.) emphasizes that these guidelines apply when a person has not expressed his intentions to become part of the city he is visiting. If, however, a visitor decides to become a permanent resident in a city, he immediately becomes responsible for all charitable levies.
|
| 30. |
I.e., since he has enough food for the day, he should not take from the fund whose purpose is to provide people with their food for the day [the Rambam's Commentary to the Mishnah (Pe'ah 8:7)].
|
| 31. |
I.e., since he has enough food for the week, he should not take from the fund whose purpose is to provide people with their food for the week (ibid.).
|
| 32. |
For 50 zuz which one invests and uses to earn income is more desirable than 200 that do not provide one with income.
|
| 33. |
From charity, i.e., since he is deemed poor, he is allowed to take charity, even if doing so will lift him far above the poverty level.
|
| 34. |
For in these instances, it is as if the money he possesses is not his own.
|
| 35. |
I.e., functional utensils, used in his day-to-day life. Since he has become used to valuable utensils, he will not feel comfortable using lesser ones (Ketubot 68a).
|
| 36. |
Since these utensils are used for simple purposes, there is no difficulty in using less valuable ones.
|
| 37. |
The leniency of the first clause which allows the person to maintain possession of his property.
|
| 38. |
I.e., he is given charity by individuals, but not by the community at large [Shulchan Aruch (Yoreh De'ah 253:1)].
|
| 39. |
Because it is improper that a person of some means should receive communal funds and, in this way, reduce the amount given to poor people who have no resources whatsoever (the Rambam's Commentary to the Mishnah, Pe'ah 8:8).
After quoting the Rambam's ruling, the Shulchan Aruch (loc. cit.:2) states: "There are opinions that maintain that the above measures applied only in their era. In the present time, by contrast, a person may accept [charity] until he has sufficient principle [to invest] so that he and his family can sustain themselves from the profits. These are words of reason."
|
| 40. |
And has money at hand again.
|
| 41. |
In his Commentary to the Mishnah (Pe'ah 5:4), the Rambam writes that it is pious behavior to repay the money one received from charity.
|
| 42. |
This refers to a home that he does not dwell in since, as stated in Halachah 14, we do not obligate him to sell his home.
|
| 43. |
For market conditions would dictate lower prices at that time, since the purchaser will not begin to benefit from the fields and vineyards until the spring (Rashi, Bava Kama 7a).
|
| 44. |
We do not give him more than that amount, for a person will never lose more than half the value of his property by selling it at an unsuitable time (Radbaz).
The Shulchan Aruch (Yoreh De'ah 253:3) quotes the Rambam's ruling. The Tur and the Rama interpret the passage from Bava Kama differently. According to their perspective, we enable him to receive charity until he finds someone who is willing to purchase his property at half price.
|
| 45. |
If, however, property prices at large are depressed, we do not allow one to gain time by benefiting from charity (Siftei Cohen 253:7).
|
| 46. |
I.e., since people at large are aware of his plight, they would only offer him low prices in an attempt to pressure him to sell.
|
| 47. |
And thus he will not be in immediate need of funds.
|
| 48. |
I.e., to redeem other captives in the future.
|
| 49. |
To use for the rehabilitation of his personal situation.
|
| 50. |
I.e., to bury other deceased individuals in the future.
|
| 51. |
The intent is not that the deceased acquired the money and his heirs inherited it from him, for he never formally acquired it. Instead, since there was a certain measure of embarrassment involved for the deceased in having the money raised, he is willing to grant the financial benefit for that embarrassment to his heirs (Sanhedrin 48a).
After quoting these laws, the Shulchan Aruch (Yoreh De'ah 253:6) states: "If the communal officers see that there is an immediate need and they wish to change [the objective to which charity is given], they have that authority."
|
| 52. |
Even though, as stated in Chapter 7, Halachah 5, even a poor person who derives his livelihood from charity is obligated to give charity, that obligation is his own responsibility. The community does not compel him to give (Radbaz). Alternatively, that obligation applies only when he has enough for his livelihood. If he does not have enough, he is not required to give (Siftei Cohen253:11).
|
Matnot Aniyim - Chapter 10
Halacha 1
We are obligated to be careful with regard to the mitzvah of charity to a greater extent than all [other] positive commandments,1 because charity is an identifying mark for a righteous person, a descendant of Abraham,2 our patriarch, as [Genesis 18:19] states: "I have known him, because he commands his children... to perform charity." The throne of Israel will not be established, nor will the true faith stand except through charity, as [Isaiah 54:14] states: "You shall be established through righteousness." And Israel will be redeemed solely through charity, as [ibid. 1:27] states: "Zion will be redeemed through judgment and those who return to her through charity."
Halacha 2
A person will never become impoverished from giving charity. No harm nor damage will ever be caused because of charity,3 as [ibid. 32:17] states: "And the deed of charity is peace." Everyone who is merciful evokes mercy from others, as [Deuteronomy 13:18] states: "And He shall grant you mercy and shower mercy upon you and multiply you." Whenever a person is cruel and does not show mercy, his lineage is suspect,4 for cruelty is found only among the gentiles, as [Jeremiah] 3:42] states: "They are cruel and will not show mercy."5
The entire Jewish people and all those who attach themselves to them are as brothers, as [Deuteronomy 14:1] states: "You are children unto God your Lord." And if a brother will not show mercy to a brother, who will show mercy to them? To whom do the poor of Israel lift up their eyes? To the gentiles who hate them and pursue them? Behold their eyes are pointed to their brethren alone.
Halacha 3
Anyone who turns his eyes away from [giving] charity is described as being "rebellious" like someone who worships false divinities is described as "rebellious, as [Deuteronomy 13:14] states with regard to the worship of false divinities: "Rebellious men went out." And with regard to a person who turns his eyes away from [giving] charity, [ibid. 15:9] states: "Be careful, lest a rebellious thought arise in your heart." Such a person is also called "wicked," as [Proverbs 12:10] states: "The mercies of the wicked are cruel." And he is called a sinner, as [Deuteronomy, loc. cit.,] states: "And he shall cry out against you to God and you will be deemed as sinning." The Holy One, blessed be He, is close to the outcry of the poor, as it is written:6 "You hear the outcry of the poor." Therefore one must be careful with regard to their outcry, for a covenant has been established with them, as [Exodus 22:26] states: "When he will cry out to Me, I will listen, for I am compassionate."
Halacha 4
Whenever a person gives charity to a poor person with an unpleasant countenance and with his face buried in the earth, he loses and destroys his merit7even if he gives him 1000 gold pieces. Instead, he should give him with a pleasant countenance and with happiness, commiserating with him about his troubles, as [Job 30:25] states: "Did I not weep for those who face difficult times; did not my soul feel sorrow for the destitute?" And he should speak to him words of sympathy and comfort, as [ibid. 29:13] states: "I would bring joy to a widow's heart."
Halacha 5
If a poor person asks one for a donation and he has nothing to give him, he should conciliate him with words.8 It is forbidden to scold a poor person or to raise one's voice against him while shouting, because his heart is broken and crushed, and [Psalms 51:19] states: "God will not scorn a broken and crushed heart." And [Isaiah 57:15 describes as Divine the attribute of] "reviv[ing] the spirit of the lowly and revitalize[ing] the heart of the crushed." Woe unto he who shames the poor, woe be he! Instead, one should be like a father to him, both in mercies and in words, as [Job 29:16] states: "I am a father to the destitute."
Halacha 6
A person who compels others to give charity and motivates them to do so receives a greater reward than the person who actually gives, as [alluded to byIsaiah 32:17]: "And the deed9 of charity is peace." With regard to the collectors of charity and the like can be applied [the words of praise, Daniel 12:3]: "Those who bring merit to the many are like the stars."
Halacha 7
There are eight levels in charity, each level surpassing the other. The highest level beyond which there is none is a person who supports a Jew who has fallen into poverty [by] giving him a present or a loan, entering into partnership with him,10 or finding him work so that his hand will be fortified so that he will not have to ask others [for alms].11 Concerning this [Leviticus 25:35] states: "You shall support him, the stranger, the resident, and he shall live among you." Implied is that you should support him before he falls and becomes needy.
Halacha 8
A lower [level] than this is one who gives charity to the poor without knowing to whom he gave and without the poor person knowing from whom he received. For this is an observance of the mitzvah for its sake alone.12 This [type of giving was] exemplified by the secret chamber that existed in the Temple. The righteous would make donations there in secret and poor people of distinguished lineage would derive their livelihood from it in secret.
Halacha 9
A lower level than that is an instance when the giver knows to whom he is giving, but the poor person does not know from whom he received. An example of this were the great Sages who would go in secret and throw money into the doorways of the poor.15 This is a worthy way of giving charity and it is a good quality [to express] if the trustees of the charitable fund are not conducting themselves appropriately. 16
Halacha 10
A lower level than that is an instance when the poor person knows from whom he took, but the donor does not know to whom he gave. An example of this were the great Sages who would bundle coins in a sheet and hang them over their shoulders and the poor would come and take them so that they would not be embarrassed.17
Halacha 11
A lower level than that is giving [the poor person] in his hand before he asks.18
Halacha 12
A lower level than that is giving him after he asks.
Halacha 13
A lower level than this is giving him less than what is appropriate, but with a pleasant countenance.
Halacha 14
A lower level than that is giving him with sadness.
Halacha 15
Great sages would give a p'rutah to a poor person19 before every prayer service20 and then they would pray,21 as [implied by Psalms 17:15]: "I will see Your countenance in righteousness."22
Halacha 16
A person who gives money to his sons and daughters who are past the age of majority23 and whom he is not obligated to support in order to teach the males Torah and to direct the females in a course of upright path so that they will not become objects of derision and similarly one who gives food to his father and his mother24is included among [those who give] charity.25 Indeed, it is a very important charity, for precedence is established on one's degree of closeness.26
Anyone who gives food and drink to the poor and orphans at his table,27he will call out to God and [God] will answer him and he will derive pleasure from Him, as [Isaiah 58:9] states: "Then you will call out and God will answer."28
Halacha 17
Our Sages commanded29 that the poor and orphans should be members of a person's household rather than servants.30 This is preferable for him to employ these people and thus enable the descendants of Abraham, Isaac, and Jacob benefit from his possessions rather than the descendants of Cham. Whoever increases [the number of] servants in his possession adds sin and transgression to the world every day.31 [Conversely,] if the poor are members of one's household, at every hour he adds merits and mitzvot.
Halacha 18
A person should always construct himself and bear hardship rather than appeal to people at large and make himself a burden on the community. Our Sages commanded, saying:32 "Make your Sabbaths as weekdays,33 and do not appeal to people at large." Even a distinguished sage who becomes poor should involve himself in a profession - even a degrading one - rather than appeal to people at large. It is preferable for a person to skin the hide of animal carcasses,34 rather than tell people: "I am a great sage..." or "I am a priest, grant me sustenance." Our Sages commanded conducting oneself in such a manner.35
Halacha 19
Any person who does not need to take [charity] and deceives the people and takes will not reach old age and die until he requires assistance from people at large. He is among those of whom it is said [Jeremiah 17:5]: "Cursed be a person who trusts in mortals."
[Conversely,] anyone who needs to take [charity] and cannot exist unless he takes, e.g., an elderly man, sick, or beset by afflictions, but is proud and does not take is considered as a murder. He is liable for his soul and all that he has earned through his hardship40 is sin and guilt.41 But anyone who needs to take [charity], but causes himself affliction and temporarily constrains himself and lives a life of difficulty so that he will not overburden the community will not reach old age and die before he provides sustenance for others from his own means. Concerning such a person and those like him, it is stated [ibid.:7]: Blessed be a person who trusts in God."
Blessed be the Merciful One who grants assistance.
| FOOTNOTES | |
| 1. |
Similarly, Bava Batra 9a states that charity is equivalent to all the mitzvot.
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| 2. |
Similarly, Yevamot 79a mentions deeds of kindness as one of the three distinguishing signs of the Jewish people.
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| 3. |
On the contrary, it leads to blessing, as Proverbs 28:27 states: "He who gives to the poor will not lack."
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| 4. |
Beitzah 32b states: "Whenever one does not show mercy to the created beings, it can be recognized that he is not from the seed of Abraham our patriarch."
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| 5. |
See also the conclusion of Hilchot Avadim.
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| 6. |
There is no verse that fits the wording the Rambam quotes. Commentaries have notes that Job 34:28 reads: "He hears the cry of the poor" and Psalms 22:25 states: "And when he cries out to Him, He will listen."
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| 7. |
Chagigah 5a states that it is preferable for one not to give charity at all than for him to give in an undesirable manner."
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| 8. |
Bava Batra 9b states: "A person who gives a p'rutah to a poor person is granted six blessings, while one who conciliates with him is granted eleven."
The simple meaning of this instruction is to share words of comfort with the poor person, for this can be worth more than money to him. The Shulchan Aruch (Yoreh De'ah 249:4), however, interprets it as meaning that one should excuse himself saying that he desires to give, but does not have the means.
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| 9. |
The word ma'aseh translated as "work" can also be interpreted as meaning "compel." In that context, the verse can be interpreted as praise for a person who compels a colleague to give charity.
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| 10. |
The Siftei Cohen 249:7 states that this is the most preferable way of helping a person.
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| 11. |
Before the person has fallen into poverty, his financial position is still viable. Hopefully, with a little bit of assistance, he can rectify his situation and return to prosperity. In that vein, the Sifra (Behar,sec. v) compares it to a person supporting a colleague who is stumbling. Before he falls, one person can hold him up. Once he falls, even five people cannot raise him. Moreover, if a person is given gifts in this way, his self-esteem is not impaired and he does not develop a negative self-image.
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| 12. |
I.e., since neither the donor nor the recipient knows the other's identity, there can be no ulterior motive involved.
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| 13. |
For in this instance, as well, the person does not know to whom his donation is being given and the recipient does not know who made the donation.
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| 14. |
Avodah Zarah 17b gives an example of Rabbi Chananya's faithfulness. He was collecting both for the ordinary charity fund and for the special charity fund for Purim and the money from the two collections became mixed together. To make sure that the poor were not short-changed, he compensated for any possible discrepancy from his own funds.
Tosafot, Bava Batra 10b, states that we do not expect every charity collector to be as righteous as Rabbi Chananya ben Tradyon, but we do expect that he approximate his faithfulness.
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| 15. |
Ketubot 67b relates that Mar Ukva would throw a certain amount of money under a poor neighbor's doorstep every day. One day, the poor man desired to see who his benefactor was and when he saw the money, he ran out to the street. Mar Ukva saw him coming and fled, to avoid detection, he entered an oven which though still hot, no longer had fire. When asked to explain his behavior, he said: "It is preferable for a person to cast himself into an oven than to embarrass a colleague in public."
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| 16. |
In such an instance, it would not be desirable for a person to distribute his charity himself rather than give it to the charitable fund.
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| 17. |
Ketubot, loc. cit., relates that Rabbi Abba would conduct himself in this manner.
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| 18. |
In this way, at least the poor person is not humbled by having to ask for the alms.
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| 19. |
Giving to a charity box is also sufficient to fulfill this purpose.
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| 20. |
According to Kabbalah, charity should not be given before the evening service unless a poor person actually asks for a donation.
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| 21. |
Bava Batra 10a relates that Rabbi Eliezer would conduct himself in this manner.
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| 22. |
Tzedek, "righteousness," and tzedakah, "charity," share the same root.
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| 23. |
Strictly speaking, this refers to children above the age of six (Hilchot Ishut 12:14), for in the Talmudic period, children were able to fend for themselves from that age onward and the parents were no longer obligated to support them. (Today, there are many authorities who require parents to support their children until much more advanced ages.) Ketubot 50a applies the verse (Psalms 106:3): "Happy is he... who performs charity at all times" to a person who supports children of this age.
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| 24. |
The mitzvah of honoring one's parents does not require a person to tap his own resources to support them. Instead, he must feed them and clothe them from their resources (Hilchot Mamrim6:3). The Tur and the Shulchan Aruch (Yoreh De'ah 251:3) qualifies that this proviso applies only when the parents are in need.
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| 25. |
Hence a person may use money that he tithes (ma'aser) for this purpose.
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| 26. |
See Chapter 7, Halachah 13, above.
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| 27. |
I.e., not only does he provide them with food, he makes them feel part of his household.
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| 28. |
The passage from Isaiah concludes: "Then you will delight in God."
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| 29. |
Avot 1:5. In his Commentary to the Mishnah, the Rambam mentions the concepts stated here.
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| 30. |
The Tur (Yoreh De'ah 251) states that this is considered as giving charity.
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| 31. |
In that vein, Avot 2:7 states: "One who increases servants increases theft; one who increases maidservants increases lewdness."
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| 32. |
Pesachim 112a.
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| 33. |
I.e., restrict your spending even in areas in which the Torah advises that men of means should be lavish. See Hilchot Shabbat 30:7.
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| 34. |
An unpleasant and demeaning task.
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| 35. |
In general, the Rambam appreciated the positive dimension of earning one's livelihood through one's own efforts and not relying on others. In particular, he felt that this was important for Torah scholars, because a) it is forbidden to derive material benefit from Torah study, and b) by doing so, he disgraces the Torah in the eyes of people at large. Thus he writes (Hilchot Talmud Torah3:10):
See also Hilchot Talmud Torah 1:7 and the Rambam's Commentary to the Mishnah (Avot 4:7).
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| 36. |
In his Commentary to the Mishnah (loc. cit.), the Rambam mentions that Hillel earned his livelihood in this manner. It must be noted that although Yoma 35b describes Hillel as having earned a meager livelihood through physical work, neither it, nor any other known source, explicitly states that Hillel would chop wood.
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| 37. |
Gittin 67b states that Rav Sheshet would haul beams. See the Rambam's Commentary to the Mishnah (loc. cit.), where he elaborates on the labor performed by the sages. He apparently had a slightly different version of the Talmud, for he refers to different sages than those mentioned in the standard published text.
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| 38. |
Ketubot 105a mentions that Rav Huna was a water-carrier.
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| 39. |
Berachot 28b states that Rabbi Yehoshua would work in this capacity.
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| 40. |
I.e., the hardship he endured by not accepting charity.
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| 41. |
For he should have accepted the charity so that he could live his life in an ordinary manner. If it is a person's lot to receive his livelihood from charity, he should not show false pride and refrain from doing so.
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• Shabbat, Nissan 29, 5775 · 04/18/2015
"Today's Day"
Torah lessons: Chumash: K'doshim, Shlishi with Rashi.
Tehillim: 140-144.
Tanya: A great and more (p. 233)...will become nature. (p. 235).
The Introduction to "Likutei Torah On Three Parshiot" is the maamar which begins, "To understand the matter of the G-dly soul; it is written, You shall not eat ..."1. This maamarwas originally said by the Alter Rebbe to the Tzemach Tzedek. The Tzemach Tzedek repeated the maamar in the Alter Rebbe's presence, who then said to him, "Nu, and the flavoring?" The Tzemach Tzedek then wrote a transcript of the maamar with parenthetical notes. The Alter Rebbe reviewed and corrected the transcript and ordered that the parenthetical notes be entered as part of the body of the maamar text.
At my father's suggestion this maamar was selected to serve as an introduction to the "Likutei Torah (On Three Parshiot," of the Rebbe Maharash).
FOOTNOTES
1. Vayikra 19:26.Daily Thought:
Redefining the Past
Nothing can hold you back—not your childhood, not the history of a lifetime, not even the very last moment before now. In a moment you can abandon your past. And once abandoned, you can redefine it.
If the past was a ring of futility, let it become a wheel of yearning that drives you forward. If the past was a brick wall, let it become a dam to unleash your power.
The very first step of change is so powerful, the boundaries of time fall aside. In one bittersweet moment, the sting of the past is dissolved and its honey salvaged.
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