Torah Reading
Acharei-Kedoshim (Leviticus 16:1 Adonai spoke with Moshe after the death of Aharon’s two sons, when they tried to sacrifice before Adonai and died; 2 Adonai said to Moshe, “Tell your brother Aharon not to come at just any time into the Holy Place beyond the curtain, in front of the ark-cover which is on the ark, so that he will not die; because I appear in the cloud over the ark-cover.
Today's Laws & Customs:
3 “Here is how Aharon is to enter the Holy Place: with a young bull as a sin offering and a ram as a burnt offering. 4 He is to put on the holy linen tunic, have the linen shorts next to his bare flesh, have the linen sash wrapped around him, and be wearing the linen turban — they are the holy garments. He is to bathe his body in water and put them on.
5 “He is to take from the community of the people of Isra’el two male goats for a sin offering and one ram for a burnt offering. 6 Aharon is to present the bull for the sin offering which is for himself and make atonement for himself and his household. 7 He is to take the two goats and place them before Adonai at the entrance to the tent of meeting. 8 Then Aharon is to cast lots for the two goats, one lot for Adonai and the other for ‘Az’azel. 9 Aharon is to present the goat whose lot fell to Adonai and offer it as a sin offering. 10 But the goat whose lot fell to ‘Az’azel is to be presented alive to Adonai to be used for making atonement over it by sending it away into the desert for ‘Az’azel.
11 “Aharon is to present the bull of the sin offering for himself; he will make atonement for himself and his household; he is to slaughter the bull of the sin offering which is for himself. 12 He is to take a censer full of burning coals from the altar before Adonai and, with his hands full of ground, fragrant incense, bring it inside the curtain. 13 He is to put the incense on the fire before Adonai, so that the cloud from the incense will cover the ark-cover which is over the testimony, in order that he not die. 14 He is to take some of the bull’s blood and sprinkle it with his finger on the ark-cover toward the east; and in front of the ark-cover he is to sprinkle some of the blood with his finger seven times.
15 “Next, he is to slaughter the goat of the sin offering which is for the people, bring its blood inside the curtain and do with its blood as he did with the bull’s blood, sprinkling it on the ark-cover and in front of the ark-cover. 16 He will make atonement for the Holy Place because of the uncleannesses of the people of Isra’el and because of their transgressions — all their sins; and he is to do the same for the tent of meeting which is there with them right in the middle of their uncleannesses. 17 No one is to be present in the tent of meeting from the time he enters the Holy Place to make atonement until the time he comes out, having made atonement for himself, for his household and for the entire community of Isra’el. (LY: ii) 18 Then he is to go out to the altar that is before Adonai and make atonement for it; he is to take some of the bull’s blood and some of the goat’s blood and put it on all the horns of the altar. 19 He is to sprinkle some of the blood on it with his finger seven times, thus purifying it and setting it apart from the uncleannesses of the people of Isra’el.
20 “When he has finished atoning for the Holy Place, the tent of meeting and the altar, he is to present the live goat. 21 Aharon is to lay both his hands on the head of the live goat and confess over it all the transgressions, crimes and sins of the people of Isra’el; he is to put them on the head of the goat and then send it away into the desert with a man appointed for the purpose. 22 The goat will bear all their transgressions away to some isolated place, and he is to let the goat go in the desert.
23 “Aharon is to go back into the tent of meeting, where he is to remove the linen garments he put on when he entered the Holy Place, and he is to leave them there. 24 Then he is to bathe his body in water in a holy place, put on his other clothes, come out and offer his burnt offering and the burnt offering of the people, thus making atonement for himself and for the people. (RY: ii, LY: iii) 25 He is to make the fat of the sin offering go up in smoke on the altar.
26 “The man who let go the goat for ‘Az’azel is to wash his clothes and bathe his body in water; afterwards, he may return to the camp.
27 “The bull for the sin offering and the goat for the sin offering, whose blood was brought in to make atonement in the Holy Place, is to be carried outside the camp; there they are to burn up completely their hides, meat and dung. 28 The person burning them is to wash his clothes and bathe his body in water; afterwards, he may return to the camp.
29 “It is to be a permanent regulation for you that on the tenth day of the seventh month you are to deny yourselves and not do any kind of work, both the citizen and the foreigner living with you. 30 For on this day, atonement will be made for you to purify you; you will be clean before Adonai from all your sins. 31 It is a Shabbat of complete rest for you, and you are to deny yourselves.
“This is a permanent regulation. 32 The cohen anointed and consecrated to be cohen in his father’s place will make the atonement; he will put on the linen garments, the holy garments; 33 he will make atonement for the Especially Holy Place; he will make atonement for the tent of meeting and the altar; and he will make atonement for the cohanim and for all the people of the community. 34 This is a permanent regulation for you, to make atonement for the people of Isra’el because of all their sins once a year.” Moshe did as Adonai had ordered him.
17:1 (LY: iv) Adonai said to Moshe, 2 “Speak to Aharon and his sons and to all the people of Isra’el. Tell them that this is what Adonai has ordered: 3 ‘When someone from the community of Isra’el slaughters an ox, lamb or goat inside or outside the camp 4 without bringing it to the entrance of the tent of meeting to present it as an offering to Adonai before the tabernacle of Adonai, he is to be charged with blood — he has shed blood, and that person is to be cut off from his people. 5 The reason for this is so that the people of Isra’el will bring their sacrifices that they sacrifice out in the field — so that they will bring them to Adonai, to the entrance of the tent of meeting, to the cohen, and sacrifice them as peace offerings to Adonai. 6 The cohen will splash the blood against the altar of Adonai at the entrance to the tent of meeting and make the fat go up in smoke as a pleasing aroma for Adonai. 7 No longer will they offer sacrifices to the goat-demons, before whom they prostitute themselves! This is a permanent regulation for them through all their generations.’
(RY: iii, LY: v) 8 “Also tell them, ‘When someone from the community of Isra’el or one of the foreigners living with you offers a burnt offering or sacrifice 9 without bringing it to the entrance of the tent of meeting to sacrifice it to Adonai, that person is to be cut off from his people. 10 When someone from the community of Isra’el or one of the foreigners living with you eats any kind of blood, I will set myself against that person who eats blood and cut him off from his people. 11 For the life of a creature is in the blood, and I have given it to you on the altar to make atonement for yourselves; for it is the blood that makes atonement because of the life.’ 12 This is why I told the people of Isra’el, ‘None of you is to eat blood, nor is any foreigner living with you to eat blood.’
13 “When someone from the community of Isra’el or one of the foreigners living with you hunts and catches game, whether animal or bird that may be eaten, he is to pour out its blood and cover it with earth. 14 For the life of every creature — its blood is its life. Therefore I said to the people of Isra’el, ‘You are not to eat the blood of any creature, because the life of every creature is its blood. Whoever eats it will be cut off.’
15 “Anyone eating an animal that dies naturally or is torn to death by wild animals, whether he is a citizen or a foreigner, is to wash his clothes and bathe himself in water; he will be unclean until evening; then he will be clean. 16 But if he doesn’t wash them or bathe his body, he will bear the consequences of his wrongdoing.”
18:1 Adonai said to Moshe, 2 “Speak to the people of Isra’el; tell them, ‘I am Adonai your God. 3 You are not to engage in the activities found in the land of Egypt, where you used to live; and you are not to engage in the activities found in the land of Kena‘an, where I am bringing you; nor are you to live by their laws. 4 You are to obey my rulings and laws and live accordingly; I am Adonai your God. 5 You are to observe my laws and rulings; if a person does them, he will have life through them; I am Adonai.
(LY: vi) 6 “‘None of you is to approach anyone who is a close relative in order to have sexual relations; I am Adonai. 7 You are not to have sexual relations with your father, and you are not to have sexual relations with your mother. She is your mother — do not have sexual relations with her. 8 You are not to have sexual relations with your father’s wife; that is your father’s prerogative. 9 You are not to have sexual relations with your sister, the daughter of your father or the daughter of your mother, whether born at home or elsewhere. Do not have sexual relations with them. 10 You are not to have sexual relations with your son’s daughter or with your daughter’s daughter. Do not have sexual relations with them, because their sexual disgrace will be your own. 11 You are not to have sexual relations with your father’s wife’s daughter, born to your father, because she is your sister; do not have sexual relations with her. 12 You are not to have sexual relations with your father’s sister, because she is your father’s close relative. 13 You are not to have sexual relations with your mother’s sister, because she is your mother’s close relative. 14 You are not to disgrace your father’s brother by having sexual relations with his wife, because she is your aunt. 15 You are not to have sexual relations with your daughter-in-law; because she is your son’s wife. Do not have sexual relations with her. 16 You are not to have sexual relations with your brother’s wife, because this is your brother’s prerogative.
17 “‘You are not to have sexual relations with both a woman and her daughter, nor are you to have sexual relations with her son’s daughter or her daughter’s daughter; they are close relatives of hers, and it would be shameful. 18 You are not to take a woman to be a rival with her sister and have sexual relations with her while her sister is still alive. 19 You are not to approach a woman in order to have sexual relations with her when she is unclean from her time of niddah. 20 You are not to go to bed with your neighbor’s wife and thus become unclean with her.
21 “‘You are not to let any of your children be sacrificed to Molekh, thereby profaning the name of your God; I am Adonai.
(RY: iv, LY: vii) 22 “‘You are not to go to bed with a man as with a woman; it is an abomination.
23 “‘You are not to have sexual relations with any kind of animal and thus become unclean with it; nor is any woman to present herself to an animal to have sexual relations with it; it is perversion.
24 “‘Do not make yourselves unclean by any of these things, because all the nations which I am expelling ahead of you are defiled with them. 25 The land has become unclean, and this is why I am punishing it — the land itself will vomit out its inhabitants. 26 But you are to keep my laws and rulings and not engage in any of these disgusting practices, neither the citizen nor the foreigner living with you; (LY: Maftir) 27 for the people of the land have committed all these abominations, and the land is now defiled. 28 If you make the land unclean, it will vomit you out too, just as it is vomiting out the nation that was there before you. 29 For those who engage in any of these disgusting practices, whoever they may be, will be cut off from their people. 30 So keep my charge not to follow any of these abominable customs that others before you have followed and thus defile yourselves by doing them. I am Adonai your God.’”
19:1 Adonai said to Moshe, 2 “Speak to the entire community of Isra’el; tell them, ‘You people are to be holy because I, Adonai your God, am holy.
3 “‘Every one of you is to revere his father and mother, and you are to keep my Shabbats; I am Adonai your God.
4 “‘Do not turn to idols, and do not cast metal gods for yourselves; I am Adonai your God.
5 “‘When you offer a sacrifice of peace offerings to Adonai, offer it in a way that will make you accepted. 6 It is to be eaten the same day you offer it and the following day; but if any of it remains until the third day, it is to be burned up completely. 7 If any of it is eaten on the third day, it will have become a disgusting thing and will not be accepted; 8 moreover, everyone who eats it will bear the consequences of profaning something holy meant for Adonai — that person will be cut off from his people.
9 “‘When you harvest the ripe crops produced in your land, don’t harvest all the way to corners of your field, and don’t gather the ears of grain left by the harvesters. 10 Likewise, don’t gather the grapes left on the vine or fallen on the ground after harvest; leave them for the poor and the foreigner; I am Adonai your God.
11 “‘Do not steal from, defraud or lie to each other. 12 Do not swear by my name falsely, which would be profaning the name of your God; I am Adonai. 13 Do not oppress or rob your neighbor; specifically, you are not to keep back the wages of a hired worker all night until morning.
14 “‘Do not speak a curse against a deaf person or place an obstacle in the way of a blind person; rather, fear your God; I am Adonai.
(RY: v, LY: ii) 15 “‘Do not be unjust in judging — show neither partiality to the poor nor deference to the mighty, but with justice judge your neighbor.
16 “‘Do not go around spreading slander among your people, but also don’t stand idly by when your neighbor’s life is at stake; I am Adonai.
17 “‘Do not hate your brother in your heart, but rebuke your neighbor frankly, so that you won’t carry sin because of him. 18 Don’t take vengeance on or bear a grudge against any of your people; rather, love your neighbor as yourself; I am Adonai.
19 “‘Observe my regulations.
“‘Don’t let your livestock mate with those of another kind, don’t sow your field with two different kinds of grain, and don’t wear a garment of cloth made with two different kinds of thread.
20 “‘If a man has sexual relations with a woman who is a slave intended for another man, and she has neither been redeemed nor given her freedom, there is to be an investigation. They are not to be put to death, because she was not free. 21 In reparation he is to bring a ram as a guilt offering for himself to the entrance of the tent of meeting. 22 The cohen will make atonement for him with the ram of the guilt offering before Adonai for the sin he committed, and he will be forgiven for the sin he committed.
(LY: iii) 23 “‘When you enter the land and plant various kinds of fruit trees, you are to regard its fruit as forbidden — for three years it will be forbidden to you and not eaten. 24 In the fourth year all its fruit will be holy, for praising Adonai. 25 But in the fifth year you may eat its fruit, so that it will produce even more for you; I am Adonai your God.
26 “‘Do not eat anything with blood. Do not practice divination or fortune-telling. 27 Don’t round your hair at the temples or mar the edges of your beard. 28 Don’t cut gashes in your flesh when someone dies or tattoo yourselves; I am Adonai.
29 “‘Do not debase your daughter by making her a prostitute, so that the land will not fall into prostitution and become full of shame.
30 “‘Keep my Shabbats, and revere my sanctuary; I am Adonai.
31 “‘Do not turn to spirit-mediums or sorcerers; don’t seek them out, to be defiled by them; I am Adonai your God.
32 “‘Stand up in the presence of a person with gray hair, show respect for the old; you are to fear your God; I am Adonai.
(RY: vi, LY: iv) 33 “‘If a foreigner stays with you in your land, do not do him wrong. 34 Rather, treat the foreigner staying with you like the native-born among you — you are to love him as yourself, for you were foreigners in the land of Egypt; I am Adonai your God.
35 “‘Don’t be dishonest when measuring length, weight or capacity. 36 Rather, use an honest balance-scale, honest weights, an honest bushel dry-measure and an honest gallon liquid-measure; I am Adonai your God, who brought you out of the land of Egypt. 37 Observe all my regulations and rulings, and do them; I am Adonai.’”
20:1 (LY: v) Adonai said to Moshe, 2 “Say to the people of Isra’el, ‘If someone from the people of Isra’el or one of the foreigners living in Isra’el sacrifices one of his children to Molekh, he must be put to death; the people of the land are to stone him to death. 3 I too will set myself against him and cut him off from his people, because he has sacrificed his child to Molekh, defiling my sanctuary and profaning my holy name. 4 If the people of the land look the other way when that man sacrifices his child to Molekh and fail to put him to death, 5 then I will set myself against him, his family and everyone who follows him to go fornicating after Molekh, and cut them off from their people.
6 “‘The person who turns to spirit-mediums and sorcerers to go fornicating after them — I will set myself against him and cut him off from his people. 7 Therefore consecrate yourselves — you people must be holy, because I am Adonai your God. (RY: vii, LY: vi) 8 Observe my regulations, and obey them; I am Adonai, who sets you apart to be holy.
9 “‘A person who curses his father or mother must be put to death; having cursed his father or his mother, his blood is on him.
10 “‘If a man commits adultery with another man’s wife, that is, with the wife of a fellow countryman, both the adulterer and the adulteress must be put to death. 11 The man who goes to bed with his father’s wife has disgraced his father sexually, and both of them must be put to death; their blood is on them. 12 If a man goes to bed with his daughter-in-law, both of them must be put to death; they have committed a perversion, and their blood is on them. 13 If a man goes to bed with a man as with a woman, both of them have committed an abomination; they must be put to death; their blood is on them. 14 If a man marries a woman and her mother, it is depravity; they are to be put to death by fire, both he and they, so that there will not be depravity among you. 15 If a man has sexual relations with an animal, he must be put to death, and you are to kill the animal. 16 If a woman approaches an animal and has sexual relations with it, you are to kill the woman and the animal; their blood will be on them. 17 If a man takes his sister, his father’s daughter or his mother’s daughter, and has sexual relations with her, and she consents, it is a shameful thing; they are to be cut off publicly — he has had sexual relations with his sister, and he will bear the consequences of their wrongdoing. 18 If a man goes to bed with a woman in her menstrual period and has sexual relations with her, he has exposed the source of her blood, and she has exposed the source of her blood; both of them are to be cut off from their people. 19 You are not to have sexual relations with your mother’s sister or your father’s sister; a person who does this has had sexual relations with his close relative; they will bear the consequences of their wrongdoing. 20 If a man goes to bed with his uncle’s wife, he has disgraced his uncle sexually; they will bear the consequences of their sin and die childless. 21 If a man takes his brother’s wife, it is uncleanness; he has disgraced his brother sexually; they will be childless.
22 “‘You are to observe all my regulations and rulings and act on them, so that the land to which I am bringing you will not vomit you out. (LY: vii) 23 Do not live by the regulations of the nation which I am expelling ahead of you; because they did all these things, which is why I detested them. 24 But to you I have said, “You will inherit their land; I will give it to you as a possession, a land flowing with milk and honey.” I am Adonai your God, who has set you apart from other peoples. (Maftir) 25 Therefore you are to distinguish between clean and unclean animals and between clean and unclean birds; do not make yourselves detestable with an animal, bird or reptile that I have set apart for you to regard as unclean. 26 Rather, you people are to be holy for me; because I, Adonai, am holy; and I have set you apart from the other peoples, so that you can belong to me.
27 “‘A man or woman who is a spirit-medium or sorcerer must be put to death; they are to stone them to death; their blood will be on them.’”)
• Ethics of the Fathers: Chapter 3
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 we study Chapter Three. (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 3
• Count "Twenty-Nine Days to the Omer" Tonight
Tomorrow is the twenty-ninth day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer fortomorrow's date tonight, after nightfall: "Today is twenty-nine days, which are four 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'Hod -- "Kindness in Humility"
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
Today in Jewish History:
• Jews Expelled from Berne (1427)
The Jews of Berne, Switzerland were expelled on this date in 1427. Berne had a long history of expulsions and anti-Jewish riots.
• Passing of Rabbi Yisrael Aryeh Leib (1952)
Rabbi Yisrael Aryeh Leib, brother of Rabbi Menachem M. Schneerson, the Lubavitcher Rebbe, was the youngest of Rabbi Levi Yitzchak and Chana Schneerson's three sons.
Born in Nikolayev in 1909, he quickly became renowned as a scholar of exceptional genius. At a young age, Yisrael Aryeh Leib was already teaching Tanya, the mystical foundational work of Chabad Chassidism, to an audience of eager adults.
He eventually immigrated to Israel, and in his later years he moved to Liverpool, England, to study in the local university. It was there that he passed away in 1952.
Rabbi Yisrael Aryeh Leib is interred in Safed, Israel.
Daily Study:
Chitas and Rambam for today:
Chumash: Acharei-Kedoshim, 7th Portion Leviticus 20:8-20:27 with Rashi
• Chapter 20
8And you shall observe My statutes and fulfill them. I am the Lord, Who sanctifies you. ח וּשְׁמַרְתֶּם אֶת חֻקֹּתַי וַעֲשִׂיתֶם אֹתָם אֲנִי יְהוָֹה מְקַדִּשְׁכֶם:
9For any man who curses his father or his mother shall be put to death; he has cursed his father or his mother; his blood is upon himself. טכִּי אִישׁ אִישׁ אֲשֶׁר יְקַלֵּל אֶת אָבִיו וְאֶת אִמּוֹ מוֹת יוּמָת אָבִיו וְאִמּוֹ קִלֵּל דָּמָיו בּוֹ:
he has cursed his father or his mother: [This phrase] comes to include [in this prohibition and its penalty], cursing one’s father or mother even] after [their] death. — [Sanh. 85b] אביו ואמו קלל: לרבות לאחר מיתה:
his blood is upon himself: This refers to [the death penalty by] stoning. And likewise, wherever it is stated, “his blood is upon himself,” or “their blood is upon themselves” (see verse 27 below) [it refers to death by stoning]. And we learn [this principle] from [those who practice the sorcery of] Ov or Yid’oni, for regarding them, Scripture says (verse 27), “they shall pelt them with stones; their blood is upon themselves.” - [Torath Kohanim 20:103; Sanh. 66a] [According to] the simple meaning of the verse, however, it is like “his blood is upon his [own] head” (Josh. 2:19), i.e., no one is punished for his death but he himself, because he brought it upon himself to be killed. דמיו בו: זו סקילה, וכן כל מקום שנאמר דמיהם בם, ולמדנו מאוב וידעוני שנאמר בהם באבן ירגמו אותם דמיהם בם (פסוק כז). ופשוטו של מקרא, כמו דמו בראשו (יהושע ב יט), אין נענש על מיתתו אלא הוא, שהוא גרם לעצמו שיהרג:
10And a man who commits adultery with [another] man's wife, committing adultery with the wife of his fellow the adulterer and the adulteress shall surely be put to death. יוְאִישׁ אֲשֶׁר יִנְאַף אֶת אֵשֶׁת אִישׁ אֲשֶׁר יִנְאַף אֶת אֵשֶׁת רֵעֵהוּ מוֹת יוּמַת הַנֹּאֵף וְהַנֹּאָפֶת:
And a man [who commits adultery]: [The term “man”] comes to exclude a minor [from the death penalty]. — [Torath Kohanim 20:105; Sanh. 52b] ואיש: פרט לקטן:
who commits adultery with [another] man’s wife: [The term “man’s wife” comes] to exclude the wife of a minor. [From here,] we learn that a minor cannot hold [the legal status of Jewish] marriage. And for which “man’s wife” have I held you liable ? אשר ינאף את אשת איש: פרט לאשת קטן, למדנו שאין לקטן קידושין. ועל איזו אשת איש חייבתי לך:
committing adultery with the wife of his fellow: [Thus] excluding the wife of a non-Jew. [From here,] we learn that [the legal status of Jewish] marriage cannot be held by a non-Jew. — [Torath Kohanim 20:105; Sanh. 52b] אשר ינאף את אשת רעהו: פרט לאשת גוי, למדנו שאין קידושין לגוי:
The adulterer and the adulteress shall be put to death: Wherever a death penalty is mentioned in the Torah without specification [as to the mode of death, it exclusively refers to strangulation. — [Torath Kohanim 20:106, Sanh. 52b] מות יומת הנאף והנאפת: כל מיתה האמורה בתורה סתם אינה אלא חנק:
11And a man who lies with his father's wife has uncovered his father's nakedness: both of them shall surely be put to death; their blood is upon themselves. יאוְאִישׁ אֲשֶׁר יִשְׁכַּב אֶת אֵשֶׁת אָבִיו עֶרְוַת אָבִיו גִּלָּה מוֹת יוּמְתוּ שְׁנֵיהֶם דְּמֵיהֶם בָּם:
12And a man who lies with his daughter in law both of them shall surely be put to death; they have committed a depravity; their blood is upon themselves. יבוְאִישׁ אֲשֶׁר יִשְׁכַּב אֶת כַּלָּתוֹ מוֹת יוּמְתוּ שְׁנֵיהֶם תֶּבֶל עָשׂוּ דְּמֵיהֶם בָּם:
they have committed a depravity: Heb. תֶּבֶל, a shameful act. Another meaning: They mingle (בּלל) the seed of the father with the seed of the son. — [see Torath Kohanim 20:108] תבל עשו: גנאי. לשון אחר מבלבלין זרע האב בזרע הבן:
13And a man who lies with a male as one would with a woman both of them have committed an abomination; they shall surely be put to death; their blood is upon themselves. יגוְאִישׁ אֲשֶׁר יִשְׁכַּב אֶת זָכָר מִשְׁכְּבֵי אִשָּׁה תּוֹעֵבָה עָשׂוּ שְׁנֵיהֶם מוֹת יוּמָתוּ דְּמֵיהֶם בָּם:
as one would with a woman: [I.e.,] if he inserts [his membrum] as an applicator [is inserted] into a tube [of eye shadow]. — [B.M. 91a] משכבי אשה: מכניס כמכחול בשפופרת:
14And a man who takes a woman and her mother it is evil counsel. They shall burn him and them in fire, and there shall be no evil counsel in your midst. ידוְאִישׁ אֲשֶׁר יִקַּח אֶת אִשָּׁה וְאֶת אִמָּהּ זִמָּה הִוא בָּאֵשׁ יִשְׂרְפוּ אֹתוֹ וְאֶתְהֶן וְלֹא תִהְיֶה זִמָּה בְּתוֹכְכֶם:
They must burn him and them: You cannot say that they should burn his first wife, because he married her permissibly, and she did not become forbidden to him. Rather, [the case of a man marrying] “a woman and her mother” written here, is [one, in which] both were forbidden to him, [namely,] that he married his mother-in-law and then her mother [in which case both women are burned along with him]. There are some of our Rabbis who say: [This case] means that only his mother-in-law [is to be burnt]. [If so,] what is the expression אֶתְהֶן, them ? It means “one of them,” being derived from the Greek term hen, meaning “one.” - [Sanh. 76b] ישרפו אתו ואתהן: אי אתה יכול לומר אשתו הראשונה ישרפו, שהרי נשאה בהיתר ולא נאסרה עליו, אלא אשה ואמה הכתובין כאן, שתיהן לאיסור, שנשא את חמותו ואמה. ויש מרבותינו שאומרים, אין כאן אלא חמותו. ומהו אתהן, את אחת מהן, ולשון יוני הוא הן אחת:
15And a man who lies with an animal, shall surely be put to death, and you shall kill the animal. טווְאִישׁ אֲשֶׁר יִתֵּן שְׁכָבְתּוֹ בִּבְהֵמָה מוֹת יוּמָת וְאֶת הַבְּהֵמָה תַּהֲרֹגוּ:
And you shall kill the animal: If the man sinned, in what way did the animal sin? However, since a failing came [upon a person] through [the animal], therefore, Scripture says: It must be stoned [to death]! How much more so [is this relevant] to a human being, who knows how to distinguish between good and evil, and yet brings evil upon his fellow [by causing him] to commit a transgression. Similar to this matter, it says, “You shall utterly destroy from all the places [where the nations…worshipped-their gods]” (Deut. 12:2). It is surely [possible here to draw] an inference from minor to major: If [in the case of] trees, which do not see and do not hear, when a failing comes [upon a man] through them, the Torah says, Destroy them! Burn them! Annihilate them!- how much more culpable is a human who leads his fellow astray from the path of life to the paths of death! - [Torath Kohanim 20:115] ואת הבהמה תהרגו: אם אדם חטא בהמה מה חטאה, אלא מפני שבאה לאדם תקלה על ידה, לפיכך אמר הכתוב תסקל. קל וחומר לאדם שיודע להבחין בין טוב לרע וגורם רעה לחבירו לעבור עבירה. כיוצא בדבר אתה אומר (דברים יב ב) אבד תאבדון את כל המקומות, הרי דברים קל וחומר, מה אילנות שאינן רואין ואינן שומעין על שבאת תקלה על ידם אמרה תורה השחת שרוף וכלה, המטה את חבירו מדרך חיים לדרכי מיתה על אחת כמה וכמה:
16And a woman who comes close to any animal so that it will mate with her you shall kill the woman and the animal; they shall surely be put to death; their blood is upon themselves. טזוְאִשָּׁה אֲשֶׁר תִּקְרַב אֶל כָּל בְּהֵמָה לְרִבְעָה אֹתָהּ וְהָרַגְתָּ אֶת הָאִשָּׁה וְאֶת הַבְּהֵמָה מוֹת יוּמָתוּ דְּמֵיהֶם בָּם:
17And a man who takes his sister, whether his father's daughter or his mother's daughter, and he sees her nakedness, and she sees his nakedness it is a disgraceful act, and they shall be cut off before the eyes of the members of their people; he uncovered his sister's nakedness; he shall bear his sin. יזוְאִישׁ אֲשֶׁר יִקַּח אֶת אֲחֹתוֹ בַּת אָבִיו אוֹ בַת אִמּוֹ וְרָאָה אֶת עֶרְוָתָהּ וְהִיא תִרְאֶה אֶת עֶרְוָתוֹ חֶסֶד הוּא וְנִכְרְתוּ לְעֵינֵי בְּנֵי עַמָּם עֶרְוַת אֲחֹתוֹ גִּלָּה עֲוֹנוֹ יִשָּׂא:
it is a disgraceful act: The Aramaic term for “disgrace” is חִסוּדָא. - [see Onkelos on Gen. 34:14] Its Midrashic interpretation, however, is: If you [object and] say, “But Cain married his sister!” [the answer is:] the Omnipresent [in permitting this marriage,] performed an act of kindness (חֶסֶד), to build His world through him, as it is said: “the world is built on kindness (חֶסֶד) ” (Ps. 89:3). - [Torath Kohanim 20:116] חסד הוא: לשון ארמי חרפה (בראשית לד יד) חסודא. ומדרשו אם תאמר קין נשא אחותו, חסד עשה המקום לבנות עולמו ממנו, שנאמר (תהלים פט ג) עולם חסד יבנה:
18And a man who lies with a woman who has a flow, and he uncovers her nakedness he has bared her fountain, and she has uncovered the fountain of her blood. Both of them shall be cut off from the midst of their people. יחוְאִישׁ אֲשֶׁר יִשְׁכַּב אֶת אִשָּׁה דָּוָה וְגִלָּה אֶת עֶרְוָתָהּ אֶת מְקֹרָהּ הֶעֱרָה וְהִוא גִּלְּתָה אֶת מְקוֹר דָּמֶיהָ וְנִכְרְתוּ שְׁנֵיהֶם מִקֶּרֶב עַמָּם:
he has bared: Heb. הֶעֱרָה, he has uncovered. And likewise, every instance of the term עֶרְוָה [in Scripture], denotes “uncovering,” and the “vav” is inserted into the word [root ערה] for the noun form. Similarly, [the noun] זַעֲוָה, “trembling,” stems from the root [זָע, “tremble,” as in the verse], “and he did not rise, nor did he tremble (זָע) ” (Esther 5:9). Likewise, the noun אַחֲוָה, “brotherhood,” stems from the root אָח, “brother.” Now, regarding this הַעֲרָאָה, “uncovering” [in the context of illicit relations], our Rabbis differed [with respect to what constitutes “uncovering”]. Some say that it is the [mere] contact ofthe membrum, while others say that it is the insertion of the tip of the membrum. — [Yev. 55b] הערה: גלה. וכן כל לשון ערוה גלוי הוא, והוי"ו יורדת בתיבה לשם דבר, כמו זעוה, מגזרת (אסתר ה ט) ולא קם ולא זע, וכן אחוה מגזרת אח. והעראה זו נחלקו בה רבותינו, יש אומרים זו נשיקת שמש, ויש אומרים זו הכנסת עטרה:
19And you shall not uncover the nakedness of your mother's sister or your father's sister, for he would be baring his close relative; they shall bear their sin. יטוְעֶרְוַת אֲחוֹת אִמְּךָ וַאֲחוֹת אָבִיךָ לֹא תְגַלֵּה כִּי אֶת שְׁאֵרוֹ הֶעֱרָה עֲוֹנָם יִשָּׂאוּ:
the nakedness of your mother’s sister [or your father’s sister]:Scripture repeats the warning [already given in 18:12,13], to tell us that one is warned against [cohabiting with] these [specific relatives], whether it is with one’s father’s or mother’s sister from one father or whether it is their sisters from one mother. However, [concerning] the nakedness of the wife of his father’s brother, he is warned only if she is the wife of his father’s brother from one father. — [Torath Kohanim 20:118] וערות אחות אמך וגו': שנה הכתוב באזהרתן, לומר שהוזהר עליהן בין על אחות אביו ואמו מן האב בין על אחיותיהן מן האם, אבל ערות אשת אחי אביו לא הוזהר אלא על אשת אחי אביו מן האב:
20And a man who lies with his aunt he has uncovered his uncle's nakedness; they shall bear their transgression; they shall die childless. כוְאִישׁ אֲשֶׁר יִשְׁכַּב אֶת דֹּדָתוֹ עֶרְוַת דֹּדוֹ גִּלָּה חֶטְאָם יִשָּׂאוּ עֲרִירִים יָמֻתוּ:
who lies with his aunt […they shall die childless]: This verse comes to teach us concerning the punishment of excision stated above, [“anyone who does any of these abominations… shall be cut off” (Lev. 18:29)] that it constitutes the punishment of going childless. אשר ישכב את דדתו: המקרא הזה בא ללמד על כרת האמור למעלה, שהוא בעונש הליכת ערירי:
childless: Heb. עֲרִירִי, as the Targum renders: בְּלָא וְלָד, without child. Similar to this [is the verse], “for I am going childless (עֲרִירִי) ” (Gen. 15:2). If he has children, he will bury them [i.e., they will die during his lifetime]. And if he has no children [when he commits this sin], he will die childless. This is why Scripture varied the expression in these two verses: (a) they shall die without children (our verse), and (b) they shall be childless (next verse)-“they shall die childless” [means that] if he has children at the time of the sin, he will not have any when he dies, because he will bury them in his lifetime; and “they will be childless” [means that] if he has no children at the time of the sin, he will remain all his life as he is now. — [See Torath Kohanim 20:120; Yev. 55a] ערירים: כתרגומו בלא ולד, ודומה לו (בראשית טו ב) ואנכי הולך ערירי, יש לו בנים קוברן, אין לו בנים מת בלא בנים, לכך שנה בשני מקראות אלו ערירים ימותו ערירים יהיו. ערירים ימותו, אם יהיו לו בשעת עבירה, לא יהיו לו כשימות לפי שקוברן בחייו. ערירים יהיו, שאם אין לו בשעת עבירה, יהיה כל ימיו כמו שהוא עכשיו:
21And a man who takes his brother's wife it is a repulsive act; he has uncovered his brother's nakedness; they shall be childless. כאוְאִישׁ אֲשֶׁר יִקַּח אֶת אֵשֶׁת אָחִיו נִדָּה הִוא עֶרְוַת אָחִיו גִּלָּה עֲרִירִים יִהְיוּ:
it is a repulsive act: Heb. נִדָּה הִוא. This cohabitation is [an act from which one should] separate himself (מְנוּדָה) and is disgusting. Our Rabbis, however, expounded [this verse, as follows] (Yev. 54b): Scripture comes to prohibit uncovering her [nakedness] just like [the prohibition of uncovering the nakedness of] a menstruant woman (נִדָּה), concerning whom “baring” is explicitly stated (verse 18 above),“he has bared (הֶערָה) her fountain.” [I.e., one is liable for sexual contact, as is defined in the commentary on verse 18.] נדה הוא: השכיבה הזאת מנודה היא ומאוסה. ורבותינו דרשו לאסור העראה בה כנדה, שהעראה מפורשת בה (פסוק יח) את מקורה הערה (לעיל יח):
22And you shall observe all My statutes and all My ordinances, and fulfill them, then the Land, to which I am bringing you to dwell therein, will not vomit you out. כבוּשְׁמַרְתֶּם אֶת כָּל חֻקֹּתַי וְאֶת כָּל מִשְׁפָּטַי וַעֲשִׂיתֶם אֹתָם וְלֹא תָקִיא אֶתְכֶם הָאָרֶץ אֲשֶׁר אֲנִי מֵבִיא אֶתְכֶם שָׁמָּה לָשֶׁבֶת בָּהּ:
23You shall not follow the practices of the nation that I am sending away from before you, for they committed all these [sins], and I was disgusted with them. כגוְלֹא תֵלְכוּ בְּחֻקֹּת הַגּוֹי אֲשֶׁר אֲנִי מְשַׁלֵּחַ מִפְּנֵיכֶם כִּי אֶת כָּל אֵלֶּה עָשׂוּ וָאָקֻץ בָּם:
and so I was disgusted with them: Denotes “disgust,” just as [in the verse], “I am disgusted (קַצְתִּי) with my life” (Gen. 27:46), like a man who loathes (קָץ) his food [so God loathed those nations]. — [Torath Kohanim 20:125] ואקץ: לשון מיאוס, כמו (בראשית כז מו) קצתי בחיי, כאדם שהוא קץ במזונו:
24So I said to you, You shall possess their land, and I shall give it to you to possess it a land flowing with milk and honey. I am the Lord your God, Who has distinguished you from the peoples. כדוָאֹמַר לָכֶם אַתֶּם תִּירְשׁוּ אֶת אַדְמָתָם וַאֲנִי אֶתְּנֶנָּה לָכֶם לָרֶשֶׁת אֹתָהּ אֶרֶץ זָבַת חָלָב וּדְבָשׁ אֲנִי יְהוָֹה אֱלֹהֵיכֶם אֲשֶׁר הִבְדַּלְתִּי אֶתְכֶם מִן הָעַמִּים:
25And you shall distinguish between clean animals and unclean ones, and between unclean birds and clean ones; thus you shall not make yourselves disgusting through [unclean] animals and birds and any [creature] which crawls on the earth, that I have distinguished for you to render unclean. כהוְהִבְדַּלְתֶּם בֵּין הַבְּהֵמָה הַטְּהֹרָה לַטְּמֵאָה וּבֵין הָעוֹף הַטָּמֵא לַטָּהֹר וְלֹא תְשַׁקְּצוּ אֶת נַפְשֹׁתֵיכֶם בַּבְּהֵמָה וּבָעוֹף וּבְכֹל אֲשֶׁר תִּרְמֹשׂ הָאֲדָמָה אֲשֶׁר הִבְדַּלְתִּי לָכֶם לְטַמֵּא:
And you shall distinguish between clean animals and unclean ones: It is not necessary for Scripture to say [that we must distinguish] between a cow and a donkey, since they are easily distinguishable and identifiable. Rather, [the Torah means that we must distinguish] between [an animal that] is clean because of you [i.e., permissible for you to eat because of your slaughtering], and [one that is] unclean because of you [i.e., forbidden for you to eat because of your slaughtering. [When an animal is slaughtered, both “signs,” i.e., organs, must be severed, namely, the esophagus, (gullet) and the trachea (windpipe), or at least, the majority of each. Thus, our verse here is referring to the following: The distinction] between an animal of which [one organ was severed completely and] the majority of the [other] organ was severed, [thus rendering the animal kosher], and [an animal of which one organ was completely severed] whereas only half the [other] organ was severed [thus rendering that animal nonkosher]. And what is the difference between its majority and half of it [that would mean the difference between kosher and nonkosher]? A hairbreadth [and consequently, Scripture commands us to make a careful distinction]. — [Torath Kohanim 20:116] והבדלתם בין הבהמה הטהרה לטמאה: אין צריך לומר בין פרה לחמור, שהרי מובדלין ונכרין הם, אלא בין טהורה לך לטמאה לך, בין שנשחט רובו של סימן לנשחט חציו. וכמה בין רובו לחציו, מלא שערה:
that I have distinguished for you to render unclean: [I.e.,] to render] forbidden [to eat, as above]. — [Torath Kohanim 20:116] אשר הבדלתי לכם לטמא: לאסור:
26And you shall be holy to Me, for I, the Lord, am holy, and I have distinguished you from the peoples, to be Mine. כווִהְיִיתֶם לִי קְדשִׁים כִּי קָדוֹשׁ אֲנִי יְהוָֹה וָאַבְדִּל אֶתְכֶם מִן הָעַמִּים לִהְיוֹת לִי:
And I have distinguished you from the peoples, to be Mine: If you are separated from them [through your observance of Torah], you will be Mine, but if not, you will belong to Nebuchadnezzar and his ilk. Rabbi Eleazar ben Azariah says: How do we know that a person should not say, “I find pork disgusting,” or “It is impossible for me to wear a mixture [of wool and linen],” but rather, one should say, “I indeed wish to, but what can I do-my Father in heaven has imposed these decrees upon me?” Because Scripture says here, “And I have distinguished you from the peoples, to be Mine”-your very distinction from the other peoples must be for My Name, separating yourself from transgression and accepting upon yourself the yoke of the Kingdom of Heaven. — [Torath Kohanim 20:128] ואבדל אתכם מן העמים להיות לי: אם אתם מובדלים מהם הרי אתם שלי, ואם לאו הרי אתם של נבוכדנצר וחביריו. רבי אלעזר בן עזריה אומר מנין שלא יאמר אדם נפשי קצה בבשר חזיר, אי אפשי ללבוש כלאים, אבל יאמר אפשי, ומה אעשה ואבי שבשמים גזר עלי, תלמוד לומר ואבדיל אתכם מן העמים להיות לי, שתהא הבדלתכם מהם לשמי, פורש מן העבירה ומקבל עליו עול מלכות שמים:
27And a man or a woman who has [the sorcery of] Ov or Yid'oni, shall surely be put to death; they shall pelt them with stones; their blood is upon themselves. כזוְאִישׁ אוֹ אִשָּׁה כִּי יִהְיֶה בָהֶם אוֹב אוֹ יִדְּעֹנִי מוֹת יוּמָתוּ בָּאֶבֶן יִרְגְּמוּ אֹתָם דְּמֵיהֶם בָּם:
[And a man or a woman] who has [the sorcery of] Ov or Yid’oni: Here, regarding those [who practice the sorcery of Ov or Yid’oni,] Scripture states death, while above (verse 6), Scripture states excision. [With] witnesses and warning [not to commit the sin], they incur [death by] stoning, but if [the perpetrators transgress] willfully but without warning, they incur excision; and if they transgress unintentionally, [they must bring] a sin-offering. And this [general principle regarding death, excision or sin-offering,] applies to all who are subject to the death penalty, about whom excision is also stated. כי יהיה בהם אוב וגו': כאן נאמר בהם מיתה ולמעלה כרת. עדים והתראה בסקילה, מזיד בלא התראה בהכרת ושגגתם חטאת, וכן בכל חייבי מיתות שנאמר בהם כרת:
Daily Tehillim: Psalms Chapters 69 - 71
• Chapter 69
1. For the Conductor, on the shoshanim,1 by David.
2. Deliver me, O God, for the waters have reached until my soul!
3. I have sunk in muddy depths without foothold; I have come into deep waters, and the current sweeps me away.
4. I am wearied by my crying, my throat is parched; my eyes pined while waiting for my God.
5. More numerous than the hairs on my head are those who hate me without reason. Mighty are those who would cut me off, those who are my enemies without cause. What I have not stolen, I will then have to return.
6. O God, You know my folly, and my wrongs are not hidden from You.
7. Let not those who hope in You be shamed through me, O my Lord, God of Hosts; let not those who seek You be disgraced through me, O God of Israel,
8. because for Your sake I have borne humiliation, disgrace covers my face.
9. I have become a stranger to my brothers, an alien to my mother's sons,
10. for the envy of Your House has consumed me, and the humiliations of those who scorn You have fallen upon me.
11. And I wept while my soul fasted, and it was a humiliation to me.
12. I made sackcloth my garment, and became a byword for them.
13. Those who sit by the gate speak of me, and [of me] are the songs of drunkards.
14. May my prayer to You, Lord, be at a gracious time; God, in Your abounding kindness, answer me with Your true deliverance.
15. Rescue me from the mire, so that I not sink; let me be saved from my enemies and from deep waters.
16. Let not the current of water sweep me away, nor the deep swallow me; and let not the pit close its mouth over me.
17. Answer me, Lord, for Your kindness is good; according to Your abundant mercies, turn to me.
18. Do not hide Your face from Your servant, for I am in distress-hurry to answer me.
19. Draw near to my soul and liberate it; redeem me, so that my enemies [not feel triumphant].
20. You know my humiliation, my shame, and my disgrace; all my tormentors are before You.
21. Humiliation has broken my heart, and I have become ill. I longed for comfort, but there was none; for consolers, but I did not find.
22. They put gall into my food, and for my thirst they gave me vinegar to drink.
23. Let their table become a trap before them, and [their] serenity, a snare.
24. Let their eyes be darkened so that they cannot see, and let their loins continually falter.
25. Pour Your wrath upon them, and let the fierceness of Your anger overtake them.
26. Let their palace be desolate, let there be no dweller in their tents,
27. for they persecute the one whom You struck, and tell of the pain of Your wounded ones.
28. Add iniquity to their iniquity, and let them not enter into Your righteousness.
29. May they be erased from the Book of Life, and let them not be inscribed with the righteous.
30. But I am poor and in pain; let Your deliverance, O God, streng-then me.
31. I will praise the Name of God with song, I will extol Him with thanksgiving!
32. And it will please the Lord more than [the sacrifice of] a mature bull with horns and hooves.
33. The humble will see it and rejoice; you seekers of God, [see] and your hearts will come alive.
34. For the Lord listens to the needy, and He does not despise His prisoners.
35. Let heaven and earth praise Him, the seas and all that moves within them,
36. for God will deliver Zion and build the cities of Judah, and they will settle there and possess it;
37. and the seed of His servants will inherit it, and those who love His Name will dwell in it.
Chapter 70
David prays that his enemies be shamed and humiliated for their shaming him and reveling in his troubles. Then the righteous will rejoice, and chant songs and praises always.
1. For the Conductor, by David, to remind.
2. O God, [come] to rescue me; O Lord, hurry to my aid.
3. Let those who seek my life be shamed and disgraced; let those who wish me harm retreat and be humiliated.
4. Let those who say, "Aha! Aha!" be turned back in return for their shaming [me].
5. Let all who seek You rejoice and delight in You, and let those who love Your deliverance say always, "May God be exalted!”
6. But I am poor and needy; hurry to me, O God! You are my help and deliverer; O God, do not delay!
Chapter 71
In this awe-inspiring prayer, David speaks of his enemies' desire to kill him, declaring him deserving of death.
1. I have taken refuge in You, O Lord; I will never be shamed.
2. Rescue me and deliver me in Your righteousness; incline Your ear to me and save me.
3. Be for me a sheltering rock, to enter always. You have ordered my salvation, for You are my rock and my fortress.
4. O my God, rescue me from the hand of the wicked, from the palm of the scheming and violent.
5. For You are my hope, O my Lord, God, my security since my youth.
6. I have relied on You from the womb; You drew me from my mother's innards; my praise is of You always.
7. I became an example to the masses, yet You were my mighty refuge.
8. Let my mouth be filled with Your praise, all day long with Your glory.
9. Do not cast me aside in old age; do not forsake me when my strength fails;
10. for my enemies say of me, and those who watch my soul conspire together,
11. saying, "God has forsaken him. Give chase and catch him, for there is no rescuer.”
12. O God, do not distance Yourself from me; my God, hurry to my aid.
13. Let the adversaries of my soul be shamed and consumed; let those who seek my harm be enwrapped in disgrace and humiliation.
14. But as for me, I will always hope; I will add to all Your praises.
15. My mouth will tell of Your righteousness, all day long of Your deliverance, for I do not know their number.
16. I come with the strength of my Lord, God; I mention Your righteousness, Yours alone.
17. O God, You have taught me since my youth, and to this day I tell of Your wonders.
18. Even into old age and hoariness, O God, do not abandon me, until I tell of Your might to the generations, and of Your strength to all who are to come.
19. Your righteousness, O God, reaches the high heavens, for You do great things; O God, who is like You!
20. You, Who has shown me many and grievous troubles, You will revive me again; You will lift me again from the depths of the earth.
21. You will increase my greatness; You will turn and console me.
22. I too1 will thank You on the lyre for Your faithfulness, My God; I will sing to You on the harp, O Holy One of Israel.
23. My lips will rejoice when I sing to you, as well as my soul which You have redeemed.
24. My tongue will also utter Your righteousness all day, for those who seek my harm are shamed and disgraced.
Tanya: Likutei Amarim, Chapter 47• Lessons in Tanya
• Shabbat, Iyar 13, 5775 · May 2, 2015
Today's Tanya Lesson
Likutei Amarim, Chapter 47
Ch. 46 began with the Alter Rebbe explaining yet another simple and straightforward means by which every Jew can arrive at a great love of G‑d, thereby enhancing his performance of Torah and mitzvot. This is done by utilizing the love which comes into being “as water mirrors the face to the face.” For just as water reflects the image of a face peering into it, so too, is there reflected the “heart of man to man.” The Alter Rebbe went on to explain that all the particulars mentioned in the parable of the mighty king and the wretched commoner, as enumerated there, are infinitely more applicable with regard to the love showered by G‑d upon each and every Jew. He showed us His great love when He Himself descended to take us out of our nethermost level, in Egypt, and led us into His innermost chambers by giving us the Torah and mitzvot, whereby we are able to attach ourselves to Him with the ultimate level of unity. Accordingly, the Alter Rebbe then expounded the word kidshanu in the text of the benedictions as implying betrothal, the perfect union of man and wife. Kidshanu also implies Supernal Holiness, which alludes to the supreme state of exalted separation which Jews attain through the performance of mitzvot, recalling G‑d’s holiness — His total exalted separation from all worlds.
Ch. 47 will continue this theme, and answer the following question (as the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, notes): How can the love reflected “as water mirrors the face to the face” be expected of us nowadays, when G‑d’s love was shown to us thousands of years ago, at the time of the Exodus? The answer given by the Alter Rebbe is: Not only is it reasonable to expect this love of a Jew when he recalls the initial Exodus (and the giving of the Torah) when G‑d himself descended (thus showing His great love for us), but also, in truth this is a present-day event as well — for the Exodus is a daily occurrence.
והנה בכל דור ודור, ובכל יום ויום, חייב אדם לראות עצמו כאילו הוא יצא היום ממצרים
“In every generation and every day a person is obliged to regard himself as if he had that day come out of Egypt.”
This text is cited from the Mishnah (Pesachim 10:5), except that the Alter Rebbe inserts the words, “and every day.” For the Exodus is not only an event which takes place in every generation: it is also a daily event in the spiritual life of the Jew.
והיא יציאת נפש האלקית ממאסר הגוף, משכא דחויא
This refers to the release of the divine soul from the confinement of the body, the “serpent’s skin,”
The body is a source of confinement for the divine soul, since it derives its life-force fromkelipah. It is from this exile that the divine soul escapes,
ליכלל ביחוד אור אין סוף ברוך הוא, על ידי עסק התורה והמצות בכלל
in order to be absorbed into the unity of the light of the blessed Ein Sof, by engaging in the Torah and commandments in general,
ובפרט בקבלת מלכות שמים בקריאת שמע, שבה מקבל וממשיך עליו יחודו יתברך בפירוש, באמרו: ה׳ אלקינו ה׳ אחד
and in particular through accepting the Kingdom of Heaven during the recital of the Shema, wherein the person explicitly accepts and draws upon himself G‑d’s unity, when he says: “The Lord is our G‑d, the Lord is One.”
וכמו שנתבאר לעיל, כי אלקינו הוא כמו: אלקי אברהם וכו׳, לפי שהיה בטל ונכלל ביחוד אור אין סוף ברוך הוא
It has previously been explained — in ch. 46 — that “our G‑d” is understood in the same way as “the G‑d of Abraham,” and so forth, because he became nullified and absorbed into the unity of the light of the blessed Ein Sof,
Abraham’s self-nullification and consequent union with G‑d were so complete that G‑d is called “the G‑d of Abraham.” Through the performance of the mitzvot, the same may be said of every Jew, so that G‑d may rightfully be called “our G‑d,”
רק שאברהם זכה לזה במעשיו, והילוכו בקודש ממדרגה למדרגה
except that Abraham merited this union by reason of his works and his advancing in holiness from degree to degree, until he uplifted himself to this great level of nullity and unification of self with G‑d,
כמו שכתוב: ויסע אברם הלוך ונסוע וגו׳
as it is written:1 “And Abram journeyed, going on and on [to the South].”
Abraham progressed from level to level until he attained the esoteric level of “the South,” which alludes to the highest possible degree of love for G‑d. Abraham, then, achieved this state as a result of his own labors.
אבל אנחנו, ירושה ומתנה היא לנו, שנתן לנו את תורתו, והלביש בה רצונו וחכמתו יתברך, המיוחדים במהותו ועצמותו יתברך בתכלית היחוד
But as for us, the children of Abraham, for us it is a heritage and a gift, in that He has given us His Torah and has clothed in it His Will and wisdom, which are united with His Essence and Being in perfect unity;
והרי זה כאלו נתן לנו את עצמו, כביכול
and surely this is as if He gave us His very self, as it were. Since His wisdom and Will are one with Him, through Torah study and performance of mitzvot we are able to take Him, as it were, and be united with Him.
כמו שכתוב בזהר הקדוש על פסוק: ויקחו לי תרומה דלי, כלומר: אותי
This is as the Zohar2 comments on the verse:3 “that they bring to Me an offering.” (4The word “to Me,” says the Zohar, actually means “to take Me” — to “take” G‑d.
The Zohar5 interprets the word תרומה (“offering”) as referring to the Torah, inasmuch as it is a composite of the word “Torah” and the letter mem, alluding to the Torah that was given after Moses‘ forty-day sojourn on the mountain. (The numerical value of mem is 40.) The Zohar goes on to explain that through terumah, through Torah, Jews are enabled to “take Me” — to “take” G‑d.
והוה לי למימר: ותרומה
The text should hence have read “[Me] and an offering,”
Since “Me” refers to G‑d and “an offering” refers to Torah, it would seem more appropriate for the verse to state, “You shall take Me and an offering (Torah),” since it is by means of the Torah that the Jew takes “Me”.
אלא משום דכולא חד
except that both are one and the same. G‑d and Torah are truly one. Were the verse to state “Me and an offering” we might be led to believe that the two are separate entities, when in truth they are truly one and the same.
עיין שם היטב
Study it well there, and the matter will be clearly understood.
וזה שאומרים: ותתן לנו ה׳ אלקינו באהבה כו׳
This is the meaning of what we recite,6 “And You have given to us, O L‑rd, our G‑d, with love....”
Because of His great love for us He granted us the gift that He be our G‑d, so that we may be united with Him. It is also stated:
כי באור פניך נתת לנו ה׳ אלקינו כו׳
“For by the light of Your countenance have You given us, O L‑rd, our G‑d...,”once again stressing the gift He has given us, viz., that He is our G‑d.
ולזה
Therefore —
Since this unity with Him and the gift we have received — that He is our G‑d — is not dependent on our spiritual service, it is within the province of every Jew. Were this level achieved only through one’s spiritual service, it would be correct to say that not everyone has yet reached this lofty level of unity whereby G‑d becomes his G‑d. Since, however, we are granted this level as an inheritance and a gift, it applies to all Jews equally. For a bequest and a gift have nothing to do with the status of the recipient. Should a person be a rightful heir he inherits no matter what his standing; should a benefactor decide to shower his benevolence upon an individual, that individual is a valid recipient no matter how undeserving he may be. (Not so wages, which are commensurate with one’s toil.) At any rate, since this unity is equally attainable by all Jews, therefore —
אין מונע לנו מדביקות הנפש ביחודו ואורו יתברך אלא הרצון, שאם אין האדם רוצה כלל, חס ושלום, לדבקה בו כו׳
nothing stands in the way of the soul’s unity with G‑d and His light, except one’s will; for should the person not desire at all, G‑d forbid, to cleave to Him..., then this unity will not be achieved.
אבל מיד שרוצה, ומקבל וממשיך עליו אלוקותו יתברך, ואומר: ה׳ אלקינו ה׳ אחד, הרי ממילא נכללת נפשו ביחודו יתברך, דרוח אייתי רוח ואמשיך רוח
But immediately when he does so desire, and accepts and draws upon himself His blessed G‑dliness and declares:7 “The L‑rd is our G‑d, the L‑rd is One,” then surely is his soul spontaneously absorbed into G‑d’s unity, for the individual’s yearning8 “spirit evokes spirit and awakening from Above, and draws forth and bestows spirit” — an added measure of spirituality, so that the person is drawn to G‑d and cleaves to Him.
והיא בחינת יציאת מצרים
And this dynamic within the person’s soul is a form of “Exodus from Egypt.”
The spiritual counterpart of the Exodus is the acceptance of the Kingdom of Heaven during the recitation of the Shema, and one’s desire to cleave to G‑d and be united with Him, for by these means the soul frees itself from the exile and confines of the body and becomes one with G‑d.
ולכן תקנו פרשת יציאת מצרים בשעת קריאת שמע דווקא, אף שהיא מצוה בפני עצמה, ולא ממצות קריאת שמע, כדאיתא בגמרא ופוסקים
Therefore it was ordained that the paragraph concerning the Exodus from Egypt be read specifically during the recital of the Shema, as an adjunct to it, even though it (i.e., recalling and verbalizing the Exodus) is a commandment by itself, not pertaining to the commandment to recite the Shema, as stated in the Talmudand Codes,9
Recalling the Exodus and the formal recitation of the Shema were placed together:
אלא מפני שהן דבר אחד ממש
for they are actually the same thing.
Accepting the Kingdom of Heaven during the Shema and the Exodus from Egypt are truly one and the same, since this acceptance is one’s personal, spiritual Exodus, whereby the divine soul escapes the encumbrances of the body.
וכן, בסוף פרשת יציאת מצרים מסיים גם כן: אני ה׳ אלקיכם, והיינו גם כן כמו שנתבאר לעיל
Likewise, the paragraph referring to the Exodus from Egypt also concludes,10“I am the L‑rd your G‑d.” This also accords with what has been explained earlier — that through the Exodus one ensures that G‑d becomes his G‑d, by achieving total unification with Him.
From the above we realize that the Exodus from Egypt is a daily event in the life of the Jew. Hence, just as during the first, historical Exodus (as explained earlier) G‑d showed us his boundless love, obligating us to respond in kind, loving him “as water mirrors the face to the face,” so too should the daily, individual, spiritual Exodus affect us, since G‑d constantly shows us his boundless love.
FOOTNOTES | |
1. | Bereishit 12:9. |
2. | II, 101b. |
3. | Shmot 25:2. |
4. | Parentheses are in the original text. |
5. | III, 179a. |
6. | Liturgy. |
7. | Devarim 6:4. |
8. | Zohar II, 162b. |
9. | Berachot 21a; Shulchan Aruch, Orach Chayim 67:1-2. |
10. | Bamidbar 15:41. |
• Sefer Hamitzvos:Shabbat, Iyar 13, 5775 · May 2, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 131
Declaration of Tithes
"And you shall say before G‑d, your G‑d: 'I have removed the holy from the house, and I have also given it to the Levite, the stranger, the orphan, and the widow...'"—Deuteronomy 26:13.
[This mitzvah is observed on the eve of Passover on the fourth and seventh year of the seven-year Shemitah (Sabbatical) cycle.]
We are commanded to declare before G‑d that we have separated the requisite tithes. We must verbally clear ourselves of these tithes, just as we have physically parted with them.
Declaration of Tithes
Positive Commandment 131
Translated by Berel Bell
The 131st mitzvah is that we are commanded to make a proclamation of the kindness G‑d has bestowed upon us; and that we have separated the obligatory ma'asros and terumos. We must verbally clear ourselves from them just as we have physically cleared them from our premises. This is called vidui ma'aser.1
The source of this commandment is G‑d's statement,2 "And you must declare before G‑d your L‑rd: 'I have removed all the sacred portions from my house; I have given the appropriate ones to the Levite and to the orphan and widow....' "
The details of this mitzvah, and the manner and process of removing the tithes are explained in the last chapter of tractate Ma'aser Sheni.
FOOTNOTES
1.The declaration is made on the seventh day of Pesach in the 4th and 7th years of the shemittah cycle.
2.Deut. 26:13.
Positive Commandment 125
The First Fruits
"The first fruits of your land that ripen you shall bring to the house of G‑d, your G‑d"—Exodus23:19.
We are commanded to separate the first fruit that ripen and bring them to the Holy Temple, where they are given to the priests.
This mitzvah only applies when the Temple is standing, and only to produce of the "Seven Kinds" [wheat, barley, grapes, figs, dates, pomegranates, and olives] that grew in Israel (on the east or west bank of the Jordan) and certain lands that adjoin Israel.
The First Fruits
Positive Commandment 125
Translated by Berel Bell
Positive Commandment 126
The 125th mitzvah is that we are commanded to separate first-fruits [bikkurim] and to bring them to the Bais Hamikdosh.
The source of this commandment is G‑d's statement,1 "Bring your first fruits to the house of G‑d your L‑rd."
It is clear that this mitzvah applies only when the Bais Hamikdosh is standing; that one brings fruit only from Eretz Yisroel, Syria, and the east side of the Jordan; and only fruit from the seven species.2
The details of this mitzvah are explained in tractate Bikkurim. There it is explained that bikkurim become the kohen's property.
FOOTNOTES
1.Ex. 23:19.
2.Wheat, barley, grapes, figs, pomegranates, olives, and dates.
Eruvin - Chapter One
Halacha 1
According to Torah law, when there are several neighbors dwelling in a courtyard, each in his private home, they are all permitted to carry within the entire courtyard, from the homes to the courtyard, and from the courtyard to the homes, because the entire courtyard is a private domain1 and it is permitted to carry within it in its entirety.
Similarly, regarding a lane that has a pole [positioned at its entrance] or a beam positioned [above it],2 all the inhabitants of the lane are permitted to carry3 in the entire [lane], and from the courtyards to the lane,4 and from the lane to the courtyards, for the entire lane is a private domain.
Similarly, all [the area within] a city that is surrounded by a wall that is [at least] ten handbreadths high and has gates that are locked at night5 is a private domain. This is the law of the Torah.
Halacha 2
Nevertheless, according to Rabbinic decree, it is forbidden for the neighbors to carry within a private domain that is divided into different dwellings, unless all the inhabitants join together in an eruv before the commencement of the Sabbath.
This [restriction] applies to courtyards, lanes, and cities. It was instituted by [King] Solomon and his court.6
Halacha 3
Similarly, people who dwell in tents,7 in booths, or in an encampment8 that is surrounded by a partition may not carry from tent to tent until they make aneruv. In contrast, [the members of] a caravan [who surround their encampment] with a partition are not required to [join in] an eruv.9 They may transfer articles from tent to tent without an eruv, for [the very nature of their circumstance] is considered to be an eruv, since these are not long-lasting dwellings.10
Halacha 4
Why did [King] Solomon institute this [restriction]? So that the common people would not err and say, "Just as it is permitted to transfer articles from the courtyards to the streets of a city and its marketplaces, and to bring articles in [from these domains] to a courtyard, it is permitted to take articles from the city to the fields and from the fields to the city."
[Moreover, they would operate under the mistaken] impression that the marketplaces and streets - since they are the public domain - are like fields and deserts.11 [This would lead them to a further error, causing them to] say that only a courtyard is a private domain,12 and they would think that there is no prohibition against the transfer of articles, and that it is permitted to transfer articles from a private domain to a public domain [and from a public domain to a private domain].
Halacha 5
Therefore, [King Solomon] instituted [the following rules]: Whenever a private domain is divided into separate dwelling units that are considered the private property of the individuals, and an area remains that is the joint property of all individuals and all share in it equally - e.g., a courtyard with houses13 that open onto it - the area that is jointly owned is considered as a public domain. Similarly, every place that one of the neighbors owns as his private property and treats as his individual holding shall be considered as a private domain.
It is thus forbidden to transfer an article from a person's private property to the area that is owned jointly, just as it is forbidden to transfer from a private domain into the public domain. Instead, every person should contain his activities within his own property, unless an eruv is established, although [according to the Torah] the entire area is one private domain.
Halacha 6
What is meant by an eruv? That all the individuals will join together in one [collection of] food before the commencement of the Sabbath. This serves as a declaration that they have all joined together and share food as one; none of them has [totally] private property. Instead, just as the jointly-owned area is the property of all, so too, everyone shares in the property that is privately owned. They are all joined in one domain.
[Performing] this act will prevent them from erring and thinking that it is permitted to transfer articles between a private domain and the public domain.
Halacha 7
The eruv that the inhabitants of a courtyard make among themselves is referred to as eruvei chatzerot [the joining of the areas of courtyards]. [The joining together of] the inhabitants of a lane or of a city is referred to as shituf, [partnership].
Halacha 8
An eruv [joining together] the inhabitants of a courtyard may not be made with anything other than a whole loaf of bread.14 Even if a loaf of bread is a se'ah15in size, but it is sliced, it may not be used for an eruv. If it is whole, even if it is as small as an isar,16 it may be used for an eruv.17
Just as an eruv may be made using a loaf of bread made from grain,18 so too, may it be made with a loaf of bread made from rice19 or lentils. A loaf of bread made from millet, by contrast, may not be used.20
The shituf [for a lane or for a city, by contrast, may be made using] either bread or other foods.21 For we may use any food for a shituf, with the exception of water and salt. Similarly, mushrooms and truffles may not be used for a shituf, because they are not considered to be foods.22
[The restriction against using water and salt applies only] when they are set aside as separate entities. If one mixes water and salt, this is considered to be brine, and may be used for a shituf.23
Halacha 9
What quantity of food is necessary to establish a shituf? A measure equal to the size of a dried fig24 for every inhabitant of the lane or of the city, provided there are eighteen or less. If, however, there are more than [eighteen inhabitants], the minimum measure [of the shituf] is [an amount of] food [sufficient] for two meals - i.e., an amount equivalent to eighteen dried figs, which is equivalent to the measure of six medium-size eggs.25 Even if thousands and myriads of people desire to make use [of this shituf], [all that is necessary] is [an amount of] food [sufficient] for two meals.
Halacha 10
When a shituf is made using any food that is eaten without further cooking - e.g., a loaf of bread, certain species of grain, or raw meat - the minimum measure is the [amount of] food [sufficient] for two meals.26
When the food in question is a side dish - i.e., something that people customarily eat together with bread - e.g., cooked wine, roasted meat, vinegar, fish brine, olives, and onion heads - the minimum measure is an amount sufficient to accompany two meals.27
Halacha 11
When fresh wine28 is used for a shituf, two revi'iot are required for every [participant]. Similarly, if beer is used, two revi'iot [are required].
If eggs are used, [the minimum measure] is two; they may be used for a shitufeven when raw. [Other minimum measures are:] two pomegranates,29 one etrog, five nuts, five peaches, a Roman pound of vegetables - whether raw or cooked; if [the vegetables] are lightly, but not thoroughly, cooked, they may not be used;30 an uchla31 of spices, a kav of dates, a kav of dried figs, a maneh of crushed figs, a kav of apples, a handful of cuscuta,32 a handful of fresh beans, a Roman pound of lichen.33
Beets are considered vegetables and may be used for an eruv. Onion leaves may not be used for an eruv unless they are already grown, and the length of each leaf is at least that of a spread-out hand. If they are not this long, they are not considered to be food.34
All these types of food are considered to be side dishes; therefore, they have been given these measures. The same principles apply in other similar situations. All foods can be combined to reach the minimum measure required for a shituf.35
Halacha 12
Whenever the term Roman pound is mentioned, it refers to [a measure equal to] two36 full revi'iot.37 An uchla is half a revi'it; a maneh, one hundred dinarim; a dinar, six ma'ah; a ma'ah, the weight of sixteen barley corns;38 a sela, fourdinarim.
A revi'it contains an amount of water or wine39 equivalent to approximately seventeen and one half dinarim. Thus, a Roman pound is equivalent in weight to 35 dinarim, and an uchla is equivalent in weight to eight and three-quarterdinarim.
Halacha 13
Whenever the term se'ah is mentioned, it refers to [a measure equal to] sixkabbim. A kav is four logim, and a log is four revi'iot. We have already defined the measure and the weight of a revi'it.40 These measurements are necessary for a person to remember at all times.
Halacha 14
[All] food that is permitted to be eaten, even if the person who uses it is forbidden to partake of it, may be used for an eruv41 or for a shituf.
What is implied? A nazirite42 may establish a shituf using wine, and an Israelite [may establish a shituf using] terumah.43 Similarly, a person who takes a vow or an oath not to partake44 of a particular food may use it for an eruv or a shituf. For if it is not fit for one person [to partake of], it is fit for another.
Halacha 15
A forbidden [food] - e.g., tevel,45 even food that is considered tevel only by Rabbinic decree46, the first tithe from which terumah was improperly taken,47 or the second tithe or consecrated articles that were not redeemed in the proper manner48 - by contrast, may not be used for an eruv or a shituf.
We may, however, use d'mai49 for an eruv or a shituf, since it is fit to be used by the poor. Similarly, we may use the first tithe after terumah was removed, and the second tithe or consecrated articles that were redeemed, even if the [additional] fifth of their value was not paid.50 For [failure to give] the [additional] fifth does not [void the redemption of these articles].
We may use the second tithe in Jerusalem, since it is fit to be eaten there, but [it may] not [be used] outside [that city].
Halacha 16
How is an eruv [joining the entire area of] a courtyard together established? We collect a complete loaf of bread from every house51 and place all [the loaves] in a single container52 in one of the houses of the courtyard.53 Even a granary, a barn, or a storehouse [is acceptable for this purpose]. If, however, the eruv was placed in a gatehouse - even a gatehouse belonging to a private individual - anexedra,54 a porch, or a house that is not four cubits by four cubits, it is not considered an eruv.
When the eruv is gathered together,55 one recites the blessing: "Blessed be You, God, our Lord, King of the Universe, who has sanctified us with His commandments and commanded us56 concerning the mitzvah of the eruv." [Afterwards,] one says, "With this eruv, all the inhabitants of this courtyard will be permitted to bring objects in and out from one house to another."57
A minor may collect [the bread for] the eruv [joining the entire area of] a courtyard together. The house in which the eruv is placed need not give a loaf of bread.58 If [the inhabitants of a courtyard] ordinarily place [the eruv in one house], as an expression of "the ways of peace"59 it is proper that they should not change [to another home].
Halacha 17
How is a shituf established for a lane? We collect [an amount of food] equivalent to the size of a dried fig from each and every person - or less than this amount,60 if many people are involved. The entire amount is placed in a single container in one of the courtyards in the lane, or in one of the homes. [It is even acceptable] to place it in a small home, in an exedra, or in a porch. If, however, one leaves it in the open space of the lane, it is not acceptable.61
If one leaves the container in one of the courtyards, one must lift the container at least a handbreadth above the ground of the courtyard, so that it will be obvious.62 [When making the shituf,] one recites the blessing, "... concerning the mitzvah of the eruv,"63 and says, "With this shituf, it will be permitted for all the inhabitants of this lane to bring objects in and out - from the lane to the courtyard and from the courtyard to the lane - on the Sabbath."64
Halacha 18
If one divides the eruv or the shituf, it is no longer effective. [This ruling applies] even if [all the portions of the eruv] are located in a single home. If, however, one fills a container with the eruv and there remains some food that one put in a second container, it is acceptable.65
Halacha 19
The participants in a shituf in a lane must, nevertheless, also make an eruv in their [respective] courtyards, so that their children will not forget the laws of aneruv.66For this reason, if bread67 is used as a shituf in a lane, [the inhabitants] may rely on it, and are not required to make an eruv for the courtyards, for the children will take notice of the bread.68
Halacha 20
[A person may establish an eruv on behalf of others. For example,] if one of the inhabitants of a courtyard takes bread and says, "Behold, this is for all the inhabitants of the courtyard," or he took an amount of food equivalent to two meals, and says, "This is for all the inhabitants of the lane," he does not have to collect food from each individual. He must, however, [give their portion] to another person,71 who will acquire it on their behalf.72
One's son or daughter who has reached majority,73 one's Hebrew servant,74and one's wife may take possession on behalf of others. Neither a son nor a daughter below the age of majority, nor a Canaanite servant or maidservant has this prerogative, because they do not have independent financial status.75
Similarly, a Hebrew maidservant may take possession on behalf of others, even though she is below the age of majority,76 for a minor may take possession on behalf of others regarding a matter of Rabbinic law.
A person need not inform the inhabitants of a lane or a courtyard that he has granted them [a portion of food] and established an eruv for them, for these deeds are to their benefit, and a person may grant a colleague benefit without the latter's knowledge.77
Halacha 21
Neither an eruv nor a shituf may be established on the Sabbath. Instead, they must be established before nightfall. One may, however, establish an eruv for a courtyard78 and a shituf for a lane beyn hash'mashot,79 even though there is a doubt whether that time period is considered to be part of the day or part of the night.
The eruv and the shituf must always be accessible, so that one may partake of it throughout the time of beyn hash'mashot.80 For this reason, if, before nightfall, an avalanche fell upon it, it was lost or burned, or it was terumah and became impure, it is not considered to be an eruv. If the above took place after nightfall, the eruv is acceptable. If one is in doubt when this took place, the eruvis acceptable, because whenever a doubt arises whether an eruv is acceptable or not, it is considered acceptable.81
Halacha 22
[The following rules apply when] an eruv or a shituf was placed in a tower, [the tower] was locked, and the key was lost before nightfall: If it is impossible to remove the eruv without performing [a forbidden] labor82 beyn hash'mashot, it is considered as if it had been lost. Therefore, the eruv is not acceptable, for it is impossible for it to be eaten.
If a person separated terumat ma'aser83 or terumah, and made a stipulation that the sacred status not be conveyed [upon these entities] until nightfall, they may not be used for an eruv. [The reason is that] beyn hash'mashot, they are still tevel,84 and [the food used for an eruv must be fit to be eaten before nightfall.
FOOTNOTES | |
1. |
Included in this private domain are all the houses located in the courtyard.
|
2. |
See Hilchot Shabbat 17:2,9.
|
3. |
The Maggid Mishneh notes that according to Torah law [op. cit.; see also the Rambam's Commentary on the Mishnah (Eruvin 1:2) ], it is permitted to carry within a lane, even though it does not have a pole or a beam. Nevertheless, it is then considered a makom patur and not a private domain.
|
4. |
As obvious from Hilchot Shabbat 17:2,8, a lane is an area enclosed by three walls and into which several courtyards open.
|
5. |
Based on the Rambam's statements in Hilchot Shabbat 17:10, the Maggid Mishneh and the Radbaz (Vol. V, Responsum 1508) state that the gates of the city need not actually be locked at night; it is sufficient that they are able to be locked.
|
6. |
Eruvin 21b states that when King Solomon instituted the requirement for eruvin, a heavenly voice resounded, quoting Proverbs 23:15: "My son, if your heart is wise, My heart will also rejoice."
Sefer HaMitzvot Gadol asks why this requirement was not instituted in an earlier time, and quotes a letter of Rav Hai Gaon that explains that prior to King Solomon's era, the Jews were very heavily involved in wars (to conquer the land of Canaan, and then to protect themselves from the Philistines and others). It was not until King Solomon's time that the land was blessed with peace. Since an army camp is not obligated to heed the restrictions of eruvin (Hilchot Melachim 6:13), the practice was not instituted until the age when peace became the norm in Eretz Yisrael.
|
7. |
These all refer to dwellings that are intended to endure for an extended period (Maggid Mishneh).
|
8. |
This refers to a camp other than an army camp, as mentioned in Note 6.
|
9. |
The Rashba and the Ritba differ from the Rambam on this point and maintain that the travelers in a caravan are required to establish an eruv, and the dwellers of a camp are not. Note the explanation of their difference of opinion in the Be'ur Halachah 366.
|
10. |
As mentioned in Halachah 2, the obligation to establish an eruv was instituted to apply to people living in separate dwellings in a single domain. Since these structures are not enduring by nature, the people are not considered to be living in separate dwellings, and the restriction against carrying is therefore not instituted. (See Mishnah Berurah 366:12.)
|
11. |
See Hilchot Shabbat 14:1 and notes, which discuss the Rambam's opinion that deserts are a public domain.
|
12. |
The Lechem Mishneh comments that according to this logic, it would be unnecessary to forbid taking articles out from homes to a courtyard. He continues, explaining that this restriction is also necessary so that children who are knowledgeable only about what goes on in their homes and the adjacent courtyard will be aware of the obligation of making an eruv.
|
13. |
In this halachah, the Rambam is clarifying that the distinctions between different domains with regard to the laws of ownership could create confusion with regard to the domains of the Sabbath. As a safeguard, King Solomon instituted the laws of eruvin.
The Tosafot Yom Tov (Eruvin 7:1) maintains that it is the Rambam's view that a group of houses adjacent to each other without a courtyard does not require an eruv; that is necessary only when there is jointly owned property in the private domain. The Tosafot Yom Tov himself differs from this position and requires an eruv in such a situation. In practice, it is not customary to require aneruv unless there is jointly owned property in the domain.
|
14. |
Eruvin 81a states that this law was instituted to prevent quarrels among neighbors that might arise if one gave a whole loaf and one gave only a portion of a loaf. As stated in Halachah 16, every family in the courtyard gives a whole loaf. (See the notes on that halachah.) The Shulchan Aruch(Orach Chayim 366:7) states, however, that if an eruv is established by one person on behalf of others, without collecting flour or loaves of bread from the other inhabitants of the courtyard, it is possible to use a loaf that is not whole.
|
15. |
A large measure of grain, approximately 8 kilogram in contemporary measure.
|
16. |
A small Italian silver coin, weighing four barley corns (Hilchot Shekalim 1:3).
|
17. |
From the Rambam's wording, it would appear that there is no minimum measure required for the size of the loaf; as long as it is whole, it is sufficient, regardless of how many people dwell in the courtyard. Rav Moshe HaCohen and others differ, interpreting Eruvin 80b as requiring the loaf to be large enough to include a measure the size of a dried fig for each of the inhabitants (as the Rambam states in the following halachah regarding a shituf). It is Rav Moshe HaCohen's view that is accepted by the Shulchan Aruch (Orach Chayim 366:6, 368:3).
|
18. |
I.e., wheat, barley, spelt, oats, and rye.
|
19. |
Based on the Rambam's Commentary on the Mishnah (Sh'vi'it 2:7), we have translated אורז as rice, and דוחן as millet. There are, however, different opinions concerning this matter. (See Magen Avraham 208:9; Turei Zahav 208:11.)
|
20. |
For it is not common to make bread from millet.
|
21. |
Rashi (Eruvin 71b) explains the difference between the eruv established in a courtyard and theshituf established in a lane as follows: An eruv is necessary in order to consider all of the dwellings as the mutually-owned property of all the members of the courtyard. Since the establishment of a location as a dwelling is a significant halachic act, it is necessary to use a significant food, bread. In contrast, the shituf joining together different courtyards is a far looser arrangement. Hence, other foods are also acceptable.
|
22. |
In his Commentary on the Mishnah (Eruvin 3:1), the Rambam explains that mushrooms and truffles are a very base type of food. Hence, they are not considered acceptable.
In his gloss on the Shulchan Aruch (Orach Chayim 386:5), the Vilna Gaon writes that the exclusion does not apply to cooked mushrooms and truffles, for they are considered foods of high quality. Sefer HaKovetz differs and refutes all the proofs brought by the Vilna Gaon.
|
23. |
By themselves, these are considered to be fit to prepare food, but not to be foods themselves (Rambam's Commentary on the Mishnah, loc. cit.). When mixed together as brine, they are suitable as a dip.
When quoting this ruling, the Shulchan Aruch (Orach Chayim 386:5) mentions the opinion ofTosafot (loc. cit.) that the brine must also be mixed with oil. Without this, the brine is unfit for use as a dip.
|
24. |
As stated in Hilchot Shabbat 18:1, one is liable for t ransferring an amount of food equal to the size of a dried fig from one domain to another. Therefore, this is the size of the measure chosen to establish a shituf. (See Eruvin 80b.)
|
25. |
According to Shiurei Torah, the size of an egg is 57.6 milliliters.; according to the Chazon Ish, it is 100 milliliters.
See also the Kessef Mishneh, who notes that based on Eruvin 82b-83a, there is an apparent contradiction between the Rambam's ruling here and his ruling in Hilchot Tum'at Ochalin 4:1. Nevertheless, a deeper analysis of the text in Eruvin allows for a resolution of both decisions.
Note also the Shulchan Aruch HaRav 368:3 which mentions an opinion that the measure is slightly less than the size of eight eggs. Since there are many halachic factors dependent on this measure, e.g., the measure of כדי אכילת פרס, the ruling is very significant.
|
26. |
The principle on which this halachah is based is expressed by Eruvin 29b: "For side dishes [that are eaten together with bread], the minimum measure is the amount [of these dishes] eaten at two meals. For food that is not a side dish, an amount large enough to eat two meals from it."
In Talmudic times, bread was the staple food that was generally served as the basis for a meal. Smaller quantities of other foods were also eaten at a meal, together with bread as "side dishes." Accordingly, if the food in question is usually eaten together with bread as a side dish, it is necessary to bring only the quantity that would usually be consumed as a side dish in a meal. If, however, the food is not usually eaten with bread, but instead is itself a staple that can be used as a staple instead of bread, the full amount necessary for two meals is required.
|
27. |
The Rambam gives several examples of the minimum amounts required for side dishes in the following halachah.
|
28. |
In contrast to the cooked wine mentioned in the previous halachah.
|
29. |
See Hilchot Matnot Ani'im 6:8, which mentions this and several of the other measures cited by the Rambam in this halachah as "sufficient to satisfy" a poor man, and therefore fit to be given to him as "the tithe of the poor." Significantly, there it mentions "ten nuts," leading the Maggid Mishneh to consider amending the text here.
|
30. |
Raw vegetables are eaten in salads, and cooked vegetables are eaten as foods, but partially cooked vegetables are not eaten at all. The Ra'avad maintains that this restriction applies only to beets, but the Maggid Mishneh explains that the same rationale - and therefore the same ruling - applies to other vegetables as well.
|
31. |
The Rambam defines this and several of the other measures he mentions in the following halachah.
|
32. |
A parasitic plant that grows on shrubs.
|
33. |
A wild plant that is occasionally used for food. Some commentaries reverse the definitions of cuscuta and lichen.
|
34. |
When the leaves grow long, they are called scallions and are edible. Before they grow long, however, they are bitter, and unfit to be used.
|
35. |
The Rambam's statements are based on the statements of the Mishnah (Me'ilah 4:7), which he interprets as referring to both an eruv t'chumim (an eruv to extend the Sabbath boundaries) and ashituf. The Ra'avad differs and maintains that the reference is only to an eruv t'chumim. Significantly, in his Commentary on the Mishnah (Me'ilah, loc. cit.), the Rambam mentions only aneruv t'chumim, seeming to imply that he originally held the same view as the Ra'avad. TheShulchan Aruch (Orach Chayim 386:4) follows the ruling of the Rambam in this halachah.
|
36. |
Rashi differs and defines a Roman pound as equaling a log, four revi'iot.
|
37. |
A revi'it, the measure on which all the other measures mentioned in this halachah is based, is 86.4 milliliters according to Shiurei Torah, and 150 milliliters according to the Chazon Ish.
|
38. |
See also Hilchot Shekalim 1:3.
|
39. |
Rav Moshe HaCohen objects to the Rambam's statements, because equal volumes of wine and water are not equal in weight.
|
40. |
In Hilchot Tefillah 15:4, the Rambam defines a revi'it as the volume of an area two fingerbreadths by two fingerbreadths, which is two and seven tenths of a fingerbreadth high.
|
41. |
This refers to an eruv t'chumim, for, as stated in Halachah 8, an eruv for a courtyard may be established only with bread.
|
42. |
Who may not partake of wine (Numbers 6:3).
|
43. |
Although it may be eaten only by a priest (Leviticus 22:10, Numbers 18:12).
Although this law is quoted by the Shulchan Aruch (Orach Chayim 386:8), Shulchan Aruch HaRav386:8 and the Mishnah Berurah 386:47 note that in the present age, even the priests are ritually impure, and are therefore forbidden to partake of terumah. Hence, terumah may no longer be used for an eruv.
|
44. |
According to Rabbenu Asher and the Tur (Orach Chayim 386), the word "partake" is exact. Were a person to vow not to benefit from a food, he would be forbidden from using it for this purpose. (Others differ and maintain that since "the mitzvot were not given for our benefit," using the food for an eruv does not violate one's vow.) Shulchan Aruch HaRav, loc. cit., suggests that one should be stringent and follow the Tur's ruling.
|
45. |
Food from which terumah and the tithes have not been separated, and that is hence forbidden to be eaten. The Rambam's choice of foods is based on Berachot 7:1, which mentions that a blessing should not be recited when partaking of the foods mentioned in the first grouping, because they are forbidden. In contrast, a blessing should be recited over those in the second grouping. (See also Hilchot Berachot 1:19-20.)
|
46. |
E.g., produce that grows in containers (Rambam's Commentary on the Mishnah, Berachot, loc. cit.).
|
47. |
This refers to an instance in which the first tithe was separated before terumah. Before it is permitted to partake of the tithe, it is necessary to separate terumah from it (ibid.).
|
48. |
The second tithe may be eaten only in Jerusalem, and consecrated a rticles may not be used for mundane purposes. These articles may be redeemed and then used for mundane purposes. In this instance, however, we are speaking about a situation where the redemption was improperly performed - e.g., one used uncoined metal (ibid.).
|
49. |
Produce from which we are unsure whether the tithes were separated or not. (See Hilchot Ma'aser 9:1.)
|
50. |
When the second tithe or consecrated articles are being redeemed, it is necessary to add an additional fifth of the article's value. Nevertheless, once the value of the article itself is paid, even though the additional fifth is still outstanding, the article is considered redeemed and may be used for mundane purposes. (See Hilchot Ma'aser Sheni 5:12.)
|
51. |
The Ra'avad and Rav Moshe HaCohen differ with the Rambam and state that it was customary to collect a portion of flour from all the houses in the courtyard and then to bake a single loaf from it. Others mention the custom that one person would bake a loaf from his own flour and grant everyone a portion in it. (See Ramah, Orach Chayim 366:6.)
|
52. |
See Halachah 18.
|
53. |
The place where the eruv is stored must be fit to serve as a dwelling. All the examples that the Rambam mentions as acceptable can serve as a dwelling if necessary. By contrast, all those that he mentions as unacceptable are not fit to serve as a dwelling.
The Ramah (loc. cit.:3) states that since, at present, since a shituf is established for a larger area, it is unnecessary to be placed in a dwelling. For this reason, it is permitted - and this is indeed the custom - to place the eruvin in the synagogue.
|
54. |
A Greek architectural structure with two or three walls.
|
55. |
For the blessing should be recited before the mitzvah is carried out. The Beit Yosef (Orach Chayim 395) states that it is preferable to recite the blessing before one begins gathering the bread or the flour from each household. The later authorities, however, state that one may recite the blessing after completing the collection (Shulchan Aruch Harav 366:18; Mishnah Berurah366:81).
|
56. |
Even though the mitzvah of establishing an eruv was ordained by our Sages, it is proper to praise God when fulfilling His commandments, because carrying out the decrees of the Sages also fulfills God's commandments (Hilchot Berachot 11:3).
|
57. |
The Shulchan Aruch (Orach Chayim 366:15) states that one should add "And from the courtyard to the houses and from the houses to the courtyard."
|
58. |
Eruvin 49a explains that by having the loaf of bread they gave for the eruv located in a house, the other people who join in the eruv show that they have the right to dwell in that house. The person who actually dwells in the house where the eruv is kept, by contrast, does not need any further indication that it is his home.
|
59. |
In his Commentary on the Mishnah (Gittin 5:8), the Rambam explains that since the person in whose home the eruv is kept benefits (for he does not have to contribute toward it), it is proper to continue offering him this benefit. The commentaries note that this interpretation appears to differ from that of the Talmud (Gittin 60b), which states that it should be kept in the original house because of "suspicion." (According to Rashi, this means the suspicion that will arise when people enter the house where the eruv is usually held, and see that there is no eruv there; according toTosafot, it is intended to belie the suspicion that the place of the eruv was changed because the person in whose house it was kept stole from it.)
|
60. |
See Halachah 9.
|
61. |
I.e., the governing principle is that the shituf must be kept in a protected place. A courtyard is acceptable for this purpose, because it is the private property of the inhabitants of the houses that adjoin it. The lane itself, however, is public property, and therefore unacceptable.
|
62. |
The Maggid Mishneh quotes geonim who agree with the Rambam, but also other authorities who state that lifting up the container is necessary only when the container belongs to another person and he is granting the inhabitants of the lane the right to use it. To manifest their acquisition, they are required to lift it up a handbreadth above the ground.
In the Kessef Mishneh, Rav Yosef Karo explains that, according to the Rambam, it makes no difference if the container is held in a courtyard or in a home; it should always be lifted a handbreadth above the ground so that it will be obvious. Nevertheless, in the Shulchan Aruch(Orach Chayim 386:9), Rav Karo quotes the other opinion mentioned by the Maggid Mishneh.
|
63. |
One may use the term eruv, which means "joining," since a shituf also involves a joining together of all the courtyards in the lane (Mishnah Berurah 395:2). Even when one fails to recite the blessing, the shituf is still effective (Ramah, Orach Chayim 395:1).
|
64. |
The Ramah (loc. cit.) states that one should also add "from the courtyards to the houses" in this statement. (See Halachah 19 and notes.)
|
65. |
The Maggid Mishneh explains that both these containers must be located in the same house. This stipulation is quoted by the Shulchan Aruch (Orach Chayim 366:4).
Commenting on this ruling, the Mishnah Berurah notes that when a shituf is made for an entire community, it should be placed in one synagogue. It is not proper to divide it and place a portion in each of the community's synagogues.
|
66. |
Although a lane is a private domain according to the Torah, and one might therefore assume that a single shituf would be sufficient, Eruvin 71b requires that the inhabitants of the courtyards establish eruvin. Otherwise, it is possible that their children will grow up and carry in a courtyard without establishing either a shituf or an eruv because of their ignorance of the matter.
|
67. |
The bread must be a whole loaf, and it must be placed within a house. Otherwise, it is unacceptable for use as an eruv (Mishnah Berurah 387:6).
It is customary to use bread (more particularly, matzah) as a shituf and to place the shituf for the entire community in the synagogue. This creates a slight difficulty, because a synagogue may not be used as a dwelling. The Ramah (366:3, 387:1) uses this as support for his thesis that at present, once a shituf is made, there is no need for the courtyards to make eruvin. (See also Chapter 5, Halachot 13-14.)
|
68. |
Since bread is the staple of our diet, it will be noticed by the children (Beit Yosef, Orach Chayim387).
|
69. |
Provided they are eating within a house (Shulchan Aruch, Orach Chayim 366:11).
|
70. |
The Maggid Mishneh states that this law applies regardless o f whether the food was owned mutually, or belonged to one person. For, as stated in the following halachah, a person may grant others a portion in his food, and establish an eruv or a shituf on this basis.
|
71. |
In the Kessef Mishneh, Rav Yosef Karo mentions opinions that require the person who receives the food on behalf of the inhabitants of the courtyard or the lane to live there himself, as well. He, however, appears to reject this view and does not mention it in the Shulchan Aruch.
|
72. |
I.e., the person gives the bread or the food to the recipient and asks him to take possession of it on behalf of all the inhabitants of the courtyard or the lane. Afterwards, since they have a share in the food, it is considered as though they had contributed toward the eruv.
|
73. |
In this ruling, the Rambam follows the simple interpretation of the Mishnah (Eruvin 7:6). Tosafot(Eruvin 79b) differs and interprets the words קטנים and גדולים in terms of financial dependence. קטנים refers to children dependent on their parents even if they are past the age of majority. גדולים refers to children independent of their parents even if they are below the age of majority.
The Shulchan Aruch (Orach Chayim 366:10) states that at the outset, it is desirable to satisfy both views. After the fact, as the Ramah states explicitly, as long as a person made an eruv in accordance with either of these opinions, it is acceptable.
|
74. |
Because the financial status of a Hebrew servant is independent of that of his master.
|
75. |
The Hebrew term for this expression (quoted by the Rambam from Eruvin, loc. cit.) is ידם כידו - literally, "their hand is like his hand." Since they have no independent financial status, it is as if the article has never left the possession of its original owner.
|
76. |
Although she is a minor, her status differs from that of the owner's children, because she is not at home.
|
77. |
This principle applies in several different financial contexts. If a person takes possession of an article on behalf of a colleague, it becomes the latter's property even though he himself is unaware of the transaction. (See also Chapter 5, Halachot 4 and 23.)
|
78. |
An eruv extending one's Sabbath boundaries, by contrast, s hould be established before sunset. (See Chapter 6, Halachah 13.)
|
79. |
The time between sunset and the appearance of three stars.
|
80. |
See Chapter 6, Halachah 14.
|
81. |
Since the requirement to establish an eruv is a Rabbinic institution, we follow the principle: Whenever a doubt arises regarding a question of Rabbinic law, the more lenient option is followed.
|
82. |
This refers to a labor forbidden by the Torah itself. If the act is forbidden merely by Rabbinic law, the eruv is acceptable, for a sh'vut is not forbidden beyn hash'mashot (Maggid Mishneh). (See Chapter 6, Halachah 10, and Hilchot Shabbat 24:10.)
|
83. |
The tenth of the tithe, which the Levites must give to the priests.
|
84. |
I.e., it is as if the terumah or the terumat ma'aser had not been separated at all. (See also Chapter 6, Halachah 16.)
|
Maaser Sheini - Chapter 11
Halacha 1
Halacha 2
This declaration is made only after the year in which the tithe for the poor is separated,5 as [Deuteronomy 26:12-13] states: "When you complete tithing, and you shall declare before God your Lord: 'I have removed all the sacred substances from the house...'"
Halacha 3
When is this declaration made? On the afternoon of the last festival6 of the Pesach holiday7 of the fourth and seventh year, as [the prooftext] states: "When you complete tithing...," i.e., on the festival when all the tithes are completed. Pesach of the fourth year will not arrive before all of the produce - both those that grow from the earth and those that grow from trees - have been tithed.
Halacha 4
Halacha 5
Halacha 6
[The proper way of performing] the mitzvah is to recite the declaration in the Temple, as [implied by] the phrase: "before God." [Nevertheless,] if he made the declaration in any other place, he fulfilled his obligation.
Halacha 7
A person may not make this declaration until he has disposed of all the agricultural presents in his possession.15 For in the declaration he states: "I have removed all the sacred substances from the house."16 On the day before the final day of the Pesach festival,17 one must remove [the lasts of the presents] and on the following day, the declaration is made.
Halacha 8
What must one done? If he has terumah or terumat ma'aser in his possession, he should give them to a priest. The first tithe should be given to a Levite and tithe of the poor to the poor. If produce that was definitely from the second tithe or neta reva'i18 or money from their redemption remained in his possession, he must destroy it and cast it in the sea or burn it.19 If the second tithe of demairemains in his possession, he is not obligated to destroy it.20 If the first fruits remain in his possession, they may be destroyed in any place.
Halacha 9
When does the obligation to burn and remove apply? When there remains in his possession [fresh] produce that one cannot consume before the commencement of the holiday. If, however, cooked food from the second tithe or neta reva'i remain, it need not be removed, for cooked food is considered as if it was removed.21 Similarly, wine and spices are considered as if they were removed.22
Halacha 10
Halacha 11
When produce belonging to a person was distant from him [when] the time for its removal arrived,25 he should designate the presents [appropriately]26 and transfer them to their owners by giving them together with land.27 Alternatively, [he may give them to] someone who will acquire them for their owners. He may then recite the declaration the following day.
[The rationale is] that transferring movable property to a person together with landed property is a present that has been strengthened. He may not, however, transfer [the produce from] the tithes to them via an exchange,28 because it resembles a sale and [the Torah] speaks of giving, not selling, the tithes,terumah, and the other presents.29
Halacha 12
What source teaches that he cannot recite the declaration until he removes all the presents [from his possession]? [It is written:] "I have removed all the sacred substances from the house." "The sacred substances" refers to the second tithe and neta reva'i which are called "sanctified."30 "From the house" refers to challah, for it is a present given to the priests in one's home.31 [The prooftext continues:] "I gave it to the Levite" - this refers to the first tithe. "And I also gave it" - this implies that it was preceded by another present, i.e., the great terumah and terumat ma'aser. "To the stranger, the orphan, and the widow" - this refers to the tithe given to the poor, leket, shichachah, and pe'ah. [The latter three are mentioned] even though [the failure to give them] does not prevent recitation of the declaration.32
Halacha 13
The presents must be separated according to the desired order33 and afterwards, the declaration is made, as [implied by the continuation of the verse:] "according to all Your mitzvot which You commanded me." Thus if he gives the second tithe before the first tithe, he cannot recite this declaration.34
If a person's tevel is burnt, he cannot make this declaration, for he did not separate the presents or give them to the people designated. In the era when the first tithe was given to the priests,35 the declaration was not made, [because it contains the words:] "I gave it to the Levite."
Halacha 14
When a person possesses only the second tithe, he should make the declaration, for the fundamental dimension of the declaration concerns the [second] tithe.36 Similarly, if he possesses only the first fruits, he should make the declaration, for [the prooftext] states: "I removed the holy substances" and the first type of produce that is holy is the first fruits.37 When, however, a person only possesses terumah, he does not recite the declaration,38 because terumah[in and of itself] does not require a declaration except as part of all the presents [together].
Halacha 15
[The prooftext continues:] "I did not violate your commandments,"39 i.e., he did not separate from one species for another, nor from produce that has been reaped for produce that is still attached to the ground, nor from produce that is attached, nor from produce from the present year for that of the previous year, nor from produce of the previous year for that of the present year.40
[The prooftext continues:] "I did not forget," I did not forget to bless Him and recall His name with regard to them.41 "I did not partake of it in a state of acute mourning";42thus if he partakes of it in a state of acute mourning, he does not recite the declaration. "I did not partake of it in a state of impurity," thus if he separates it in a state of acute mourning, he does not recite the declaration. "I did not give of it to a corpse." This implies that he did not use [money from the redemption of the tithes] for a coffin or shrouds, nor did he give it to other people in a state of mourning. "I heeded the voice of God my Lord," i.e., I brought it to the Temple.43 "I performed everything that You commanded me," I rejoiced. And I shared that rejoicing with others with it, as [Deuteronomy 26:11]: "And you share rejoice in all the good."
Halacha 16
[The passage continues:] "Look down from Your holy habitation heaven... as You swore to our ancestors, a land flowing with milk and honey." This is a prayer that the fruits be flavorful.
Halacha 17
Israelites and mamzerim44 may make this declaration, but not converts and freed slaves, because they do not have an ancestral portion in Eretz Yisrael45and in the declaration one says: "And the land that You gave us." Priests and Levites may make the declaration. Although they did not receive a portion in the division of the land, they were granted cities in which to dwell.46
Blessed be God who grants assistance.
FOOTNOTES | |
1. |
In other contexts, the term used by the Rambam here (and by the previous Rabbinic sources) usually means "confession." Among the reasons why this term is used is because the fact that the terumah and the tithes are given to the priests and Levites is a result of the Jews' sin. Had that not occurred, these agricultural separations would have been given to the firstborn.
|
2. |
I.e., in the Temple.
|
3. |
See Halachah 12.
|
4. |
Sefer HaMitzvot (positive commandment 131) and Sefer HaChinuch (mitzvah 607) include this commandment among the 613 mitzvot of the Torah.
|
5. |
The third and the sixth years of the seven year cycle.
|
6. |
Rashi and others, by contrast, maintain that this declaration should be made on the first day of the Pesach holiday. The Rambam's opinion is based on the Jerusalem Talmud (Ma'aser Sheni 5:10) which states that the Jews were given the opportunity to partake of the second tithe throughout the Pesach holiday so that they would have ample resources with which to celebrate and partake of this food. For that same reason, the declaration is delayed until the afternoon.
|
7. |
For on Sukkot, there are still many fruits from the sixth year in the field (Radbaz; Siftei Cohen331:159).
|
8. |
A declaration made at night is unacceptable.
|
9. |
From sunrise to sunset. The above statement that it is made in the afternoon was a leniency intended to provide a person with latitude.
|
10. |
For, as stated in Hilchot Terumah 1:1, the laws of terumah and the other agricultural requirements apply even if the Temple is not standing.
|
11. |
The Ra'avad differs and maintains that the mitzvah to make a declaration applies only in the Temple. The Radbaz supports the Rambam's ruling, explaining that it is based on the Halachah 6. Since, after the fact, one fulfills his obligation if he makes the declaration outside the Temple, when there is no Temple, there is no choice but to accept that alternative.
|
12. |
It must, however, be an exact translation. Note the contrast to the declaration made when bringing the first fruits (Hilchot Bikkurim 3:10).
|
13. |
I.e., this is the desirable manner of performing the mitzvah (Siftei Cohen 331:161).
|
14. |
Not the Minchat Chinuch (Mitzvah 607) which states that the Rambam is speaking about a situation where one person speaks out loud and the others fulfill their obligation by listening.
|
15. |
The Minchat Chinuch and others question why the removal of the presents from one's property is not considered as an independent mitzvah.
|
16. |
And if he still possessed these presents, he would be lying. See the following halachot.
|
17. |
The standard published text of Ma'aser Sheni 5:6 states "The day before the first holiday of the Pesach festival." The Rambam apparently had a different version of that mishnah. The Kessef Mishneh justifies the Rambam's version, explaining that on the passage from the Jerusalem Talmud cited above which explains that the declaration was delayed so that the people would be able to partake of the presents during the festival indicates that they would not have to remove the presents from their possession until the festival's conclusion.
|
18. |
This halachah is based on Ma'aser Sheni 5:6. That mishnah does not mention neta reva'i. Nevertheless, the Rambam adds it because all the laws that apply to the second tithe apply to it (Kessef Mishneh).
|
19. |
Thus there are two types of biur, removal of agricultural presents: giving presents to those to whom they are supposed to be given and destroying, those which one keeps for oneself (ibid.).
|
20. |
Since the obligation to separate it was imposed only because of a doubt, we rule leniently.
|
21. |
For if it is left for any significant amount of time, it will spoil [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:6)].
|
22. |
For they also will spoil if left for any significant amount of time.
|
23. |
One third of its growth, as stated in Hilchot Ma'aserot 2:5.
|
24. |
Since the produce has not reached this stage of development, there is no obligation to tithe it. Hence, it need not be removed or included in the declaration.
|
25. |
Ma'aser Sheni 5:9 relates that once when the time to remove produce arrived, Rabban Gamliel was on a sea journey and could not physically give the produce to anyone else. He therefore transferred the presents to other sages in the manner described here. Since Rabbi Elazar ben Arach was a priest, he gave him terumah, Rabbi Yehoshua was a Levite and so he gave him the tithes, and since Rabbi Akiva was a collector of gifts for the poor, he gave him the tithes for the poor.
|
26. |
And specify in which portion of the grainheap they are located.
|
27. |
See Hilchot Mechirah, ch. 6, which describes how this transfer of property operates. This means of transfer is used, because this is the only way the ownership produce can be given to these individuals without an actual physical transfer.
|
28. |
The term "exchange" is translated the Hebrew kinyan chilipin, a legal act that formalizes a transaction. See Hilchot Mechirah, ch. 5, for a description. Although this legal act is frequently employed, it is not appropriate in this instance, because the gift would resemble a sale and not a present.
|
29. |
As stated in Deuteronomy 26:13.
|
30. |
See Chapter 9, Halachah 1.
|
31. |
I.e., it is not given until the grain is made into dough [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:10)].
|
32. |
The commentaries have pointed out a difference between leket, shichachah, and pe'ah and the other presents. For the Torah does not prescribe giving the latter three to the poor, but rather leaving them for them.
|
33. |
See Hilchot Terumah 3:23 with regard to the desired order of the presents.
|
34. |
For he cannot say: "As You commanded me," since by deviating from the desired order, he did not fulfill the mitzvot "as commanded." Indeed, he committed a transgression.
|
35. |
When Ezra led the Jews back to Eretz Yisrael after the Babylonian exile, by and large, the Levites did not accompany him. Therefore, he punished them, decreeing that the tithes should be given to the priests instead (Hilchot Ma'aser 1:4). From the Rambam's statements here and also in that source, some have inferred that Ezra's decree applied only in his generation and not in later eras. This conclusion is not, however, borne out by his Commentary to the Mishnah (ibid. 5:15)].
|
36. |
Of them all, it is the only one that must be destroyed as stated in Halachah 8.
|
37. |
And it must also be removed from one's possession.
|
38. |
The Kessef Mishneh states that the same rule applies to the first tithe. For neither of them must be removed from one's possession at a given time.
|
39. |
Although the Rambam explains the details of this declaration, the intent is not that one should explain it while reciting it. Instead, he should merely read the passage as it is stated in the Torah [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:13)].
|
40. |
See Hilchot Terumah 5:18; 5:9, 5:11, and Hilchot Ma'aser 1:12 which explains that separating the presents in such a manner is forbidden.
|
41. |
Some interpret this as referring to the recitation of a blessing when making the separations. The commentaries question these interpretations, however, because the blessings were instituted by the Rabbis and here we are speaking of the exegesis of a Biblical verse. Others maintain that it refers to reciting grace after partaking of the grain, for that is a Scriptural command.
|
42. |
See Chapter 3, Halachah 5ff.
|
43. |
This refers to the first fruits. The second tithe need not be brought to the Temple.
|
44. |
A child born out of an adulterous or incestuous union. Even though they are forbidden to marry, they are considered heirs and are granted their ancestral heritage.
|
45. |
Although they may purchase land in Eretz Yisrael, they were not granted an ancestral heritage when the land was divided among the tribes and thus there is no portion of Eretz Yisrael that is theirs in an ultimate sense. For during the Jubilee year, any purchased land will return to its owner. Note the contrast to the declaration concerning the first fruits which they are required to make (Hilchot Bikkurim 4:3).
|
46. |
As related in Numbers, ch. 35, in addition to the six cities of refuge, the Levites were given 42 cities that were scattered throughout the entire land of Eretz Yisrael.
|
Bikkurim - Chapter 1
Halacha 1
Halacha 2
Halacha 3
Eight of the presents may be eaten by the priests only in the Sanctuary, within the walls of the Temple Courtyard.6 Five of them may be eaten only in Jerusalem within the walls of the city.7 According to Scriptural Law, there are five presents that are acquired [by the priests] only in Eretz Yisrael.8 There are five presents that they acquire both in Eretz Yisrael and in the Diaspora.9 And there is one present that that they acquire from the Temple's [property].10
Halacha 4
What are the eight that may be eaten only in Temple? The meat of the sin offering - this includes both sin-offerings of fowl and sin-offerings of animals,11the meat of a guilt-offering,12 whether a definite guilt-offering or a guilt-offering brought because of doubt,13 communal peace offerings,14 [the portion of] the omer offering that remains,15 [the portion of] an Israelite's meal offering that remains,16 the two loaves [offered on Shavuot],17 the show bread,18 and the log of oil brought by a metzora.19 [All of] these may be eaten only in the Temple.
Halacha 5
What are the five that are eaten only in Jerusalem? The breast and the leg of the peace offering,20the portion granted [the priests] from the thanksgiving offering,21the portion granted [the priests] from the ram brought by a nazirite,22the firstborn of a kosher animal,23 and the first fruits.24 [A1l of] these may be eaten only in Jerusalem.
Halacha 6
What are the five [that are given] in Eretz Yisrael? Terumah, terumat ma'aser, and challah - these three are sanctified,25 the first shearings,26 and an ancestral field [that was consecrated]27 - these are ordinary property. [The priests are granted] these according to Scriptural Law only in Eretz Yisrael.28Terumot and challot from Eretz Yisrael may be eaten only in Eretz Yisrael.29
Halacha 7
What are the five that the priests acquire in all places? The presents [given when slaughtering animals],30 [the money given for] the redemption of a firstborn [son],31 [the lamb given for] the redemption of a firstborn [donkey],32[property] stolen from a convert [who died heirless],33 and dedication offerings.34 These five are are ordinary property.
Halacha 8
Halacha 9
The eight presents that may be eaten only in the Sanctuary are all sacrifices of the most holy order. They may be eaten only by male priests, as will be explained in the appropriate place.37 Concerning them, [Leviticus 6:22] states: 'All males among the priesthood shall partake of it.
Halacha 10
The five [presents that may be eaten only] in Jerusalem are all sacrifices of lesser sanctity.38 [Both] males and females [of the priestly family] may partake of them.39 Concerning them, [Numbers 18:11] states: 'To you, and your sons and your daughters with you have I given them as an eternal decree.' [Although woman may partake of them,] they are granted only to the males of the priestly family. For they are given to the men of the watch [serving in the Temple].40
The fat and the blood of the firstborn [of kosher animals] was offered and only a male was allowed to offer it.41 Similarly, the hides of the sacrifices of the most sacred order, an ancestral field, dedication offerings, and the stolen property of a convert are acquired only by the men of the priestly watch [of that week], as will be explained.
Similarly, the redemption of firstborn [sons is given] only to males of the priestly family, for concerning it, [Numbers 3:48] states: 'And you shall give the money to Aaron and his sons.' [Similarly, the redemption of] a firstborn donkey [is given] to males of the priestly family, for all the laws of the firstborn are parallel. [The redemption is given] to males and not females.
Halacha 11
Thus you have learned that the presents given [directly] to females like males are five: terumah,42 terumat ma'aser, challah,43 the presents given when slaughtering an animal,44 and the first shearings.
What is the source that teaches that the first shearings may be given to a woman of the priestly family? 'The first of your grain, your wine, and your oil, and the first shearings of your flock shall you give to him' [Deuteronomy 18:4]. [The verse establishes an equivalence:] Just as [terumah,] the first of the grain, may be given to females as well as males, so too, the first shearings.
Halacha 12
0ur Sages45 reckoned these presents in another manner, stating: 24 presents for the priests were given to Aaron. They are 10 in the Temple, 4 in Jerusalem, and 10 in the outlying areas.
Halacha 13
The ten in the Temple are: a) an animal brought as a sin-offering, b) a fowl brought as a sin-offering, c) a guilt-offering, d) a guilt-offering brought because of doubt, e) the communal peace-offerings, f) the log of oil brought by a nazirite, g) the two breads, h) the show bread, i) the remnants of the meal offering, and j) the remnants of the omer offering.
Halacha 14
The four in Jerusalem are: a) the firstborn [kosher animal], b) the first fruits, c) the portion granted [the priests] from the thanksgiving offering and the portion granted [the priests] from the ram brought by a nazirite, and d) the hides of the sacrifices.46
Halacha 15
The ten in the outlying areas are: a) terumah, b) terumat ma'aser, c) challah, d) the first shearings, e) the presents given when slaughtering an animal, f) the redemption of a firstborn [son], g) the redemption of a firstborn donkey, h) a field that was designated as a dedication offering, i) an ancestral field, and j) the stolen property of a convert.
According to this reckoning, all of the portions given the priests from sacrifices of lesser sanctity are considered as one present. This includes: the breast and the leg that is given [the priest] from every peace offering, together with the bread that is given with them if [the peace offering] was a thanksgiving offering47 and the foreleg given the priest from the nazirite's ram, with the bread given with it, and the breast and the leg.48 Since they are all peace offerings, all of the portions given the priests are considered as one present.
Halacha 16
AIl of the presents that are dependent on the sacrifices will be explained in their appropriate places in the laws of sacrifices.49 Similarly, [the laws pertaining to] the stolen property of a convert will be explained in Hilchot Gezeilah.50We have already explained the laws governing an ancestral field and dedication offerings in Hilchot Arachin51 and the laws ofterumah and terumat ma'aser in Hilchot Terumah. In the present halachot, I will explain the laws of the [priestly] presents that are not dependent on the sacrifices: the first fruits,52 challah,53the presents given when slaughtering an animal,54 the first shearings,55 the redemption of a firstborn son,56 the redemption of a firstborn donkey.57
FOOTNOTES | |
1. |
The Rambam specifies and categorizes them in this chapter.
|
2. |
Numbers 18:19 speaks of 'an eternal covenant of salt.' It is called a covenant of salt, because just as salt never spoils, so too, this covenant will endure forever (Rashi).
|
3. |
The Kessef Mishneh notes that Menachot 18b, the Rambam's apparent source, states: 'Any priest that does not acknowledge the priestly service does not receive a portion of the priesthood.' The Kessef Mishneh questions why the Rambam changes the wording of his source.
|
4. |
E.g., like terumah or the first fruits which are referred to as 'holy.'
|
5. |
These presents also include elements of the sacrificial offerings. The Rambam speaks about the mitzvah to partake of these sacred foods in Hilchot Ma'aseh HaKorbanot 10:1-2. And see Hilchot Terumah 15:22 which describes partaking of terumah.
|
6. |
See Halachah 4. The division of the presents into these categories is not found in a prior Rabbinic source, but instead, was made by the Rambam himself (Kessef Mishneh).
|
7. |
See Halachah 5.
|
8. |
See Halachah 6.
|
9. |
See Halachah 7.
|
10. |
See Halachah 8.
|
11. |
In Halachah 13, however, the Rambam's considers these two as separate presents. As the Radbaz clarifies, there is a difference in the procedure involved in these two offerings. See Hilchot Ma'aseh HaKorbonot 1:1; 10:3.
|
12. |
See Hilchot Ma'aseh HaKorbanot 9:1, 10:3.
|
13. |
In Halachah 13, however, the Rambam's considers these two as separate presents. As the Radbaz clarifies, there is a difference in the procedure involved in these two offerings. See Hilchot Ma'aseh HaKorbonot 1:1; 10:3.
|
14. |
See Hilchot Ma'asehHaKorbanot1:4, 9:4.
|
15. |
I.e., the portion that remains after a handful is taken to be offered on the altar. See Hilchot Temidim UMusafim 7: 12.
|
16. |
I.e., the portion that remains after a handful is taken to be offered on the altar. An Israelite's offering is mentioned in contrast to that of a priest which is offered on the altar entirely. See Hilchot Ma'aseh HaKorbanot 10:2-3, 12:9.
|
17. |
See Hilchot Temidim UMusafim 8:11.
|
18. |
See Hilchot Temidim UMusafim4:9.
|
19. |
SeeHilchot Mechusrei Kapparah 4:3.
|
20. |
SeeHilchot Ma'aseh HaKorbanot 10:4-5.
|
21. |
See ibid. 9:12.
|
22. |
See ibid. 9:12.
|
23. |
See Hilchot Bechorot 1:2.
|
24. |
See Chapter 3, Halachah 3.
|
25. |
And must be eaten in a state of ritual purity.
|
26. |
See Chapter 10, Halachah 1.
|
27. |
See Hilchot Arachin VaCharamim 4:1-2, 19.
|
28. |
According to Rabbinic Law, terumah and challah are also separated in the Diaspora.
|
29. |
On the contrary, if they are taken to the Diaspora, they become impure (see Hilchot Terumah2:17).
|
30. |
The foreleg, the jaw, and the maw; see Chapter 9, Halachah 1.
|
31. |
See Chapter 11.
|
32. |
See Chapter 12.
|
33. |
See Hilchot Gezeilah 8:5.
|
34. |
See Hilchot Arachin VaCharamim6:4.
|
35. |
The Rambam puts this present in a category of its own, because unlike all of the above which were given by individuals, this present comes from the Temple's property (Radbaz). Once the hides are given to the priests, they are considered as ordinary property and may be used for mundane purposes.
|
36. |
See Hilchot Ma'aseh HaKorbanot 5:19. Hilchot Pesulei HaMukdashim 19:9.
|
37. |
Hilchot Ma'aseh HaKorbanot 9:1, 10:3, 12:3.
|
38. |
See Hilchot Ma'aseh HaKorbanot 1:17 with regard to the sacrifices of lesser sanctity. Chapter 3, Halachah 1, equates the first fruits with those sacrifices.
|
39. |
See Hilchot Ma'aseh HaKorbanot 10:17.
|
40. |
As explained in Hilchot K'lei HaMikdash 4:3, the priestly family was divided into 24 watches. Each one would serve in the Temple for a week. During that week, its members had the rights to all the sacrifices offered during that time.
|
41. |
This sacrifice is not given to the priests of the weekly watch, but instead to the priest of the owner's choice [Hilchot Bechorot 1:15; the Rambam's Commentary to the Mishnah (Challah 4:9)]. That priest in turn offers it on the altar and may give its meat to whichever members of the priestly family, males and females, he desires to (see Radbaz).
|
42. |
See HilchotTerumah 12:22.
|
43. |
For the laws applying to terumah apply to both of these.
|
44. |
The foreleg, the jaw, and the maw; see Chapter 9, Halachah 1.
|
45. |
Tosefta, Challah 2:7.
|
46. |
Although these hides are not eaten in Jerusalem, but instead, can be sold and the proceeds used for any purpose, the Rambam places them in this category, because the priests would not take them out of the holy city. Instead, as a token of respect for their holiness, they would sell them there and use the proceeds to partake of food that was eaten in that holy place (Radbaz, gloss to Halachah 5).
|
47. |
A thanksgiving offering is one type of peace offering.
|
48. |
I.e., from the nazirite's ram, the priest is given a foreleg, a hindleg, and the breast. And he is also given a portion of bread that is offered with that sacrifice.
|
49. |
See the sources given above.
|
50. |
See Hilchot Gezeilah 8:5.
|
51. |
Hilchot Arachin, chs. 4-8.
|
52. |
See chs. 2-4.
|
53. |
See chs. 5-8.
|
54. |
See ch. 9.
|
55. |
See ch. 10.
|
56. |
See ch. 11.
|
57. |
See ch. 12.
|
Bikkurim - Chapter 2
Halacha 1
It is a positive commandment to bring the first fruits to the Temple.1 [The obligation of] the first fruits applies only while the Temple is standing, and only in Eretz Yisrael, as [implied by Exodus 23:19]: 'Bring of the first ripened fruit of your land2 to the house of God your Lord.'3 According to Rabbinic decree, one should bring first fruits even from the cities of Sichon and Og4 and from Syria.5For a person who purchases land in Syria is like one who purchases in Jerusalem. We do not bring the first fruits from the lands of Ammon and Moab6and Babylon, even though they are liable for terumah and tithes according to Rabbinic decree.7 If one brings the first fruits from the Diaspora, they are not considered as first fruits.8
Halacha 2
Halacha 3
We do not bring [first fruits] from the dates in the mountains, nor from the fruit from the valleys, not from oil-producing olives that are not of the highest quality, but rather from dates from the valleys and fruit from the mountains, for they are of the highest quality. If a person brought first fruits of inferior quality, e.g., dates from the mountains, figs that were perforated and had oil applied to them,12 dusty and smoked grapes,13 they are not consecrated.
Halacha 4
We may not bring liquids as the first fruits14 with the exception of [oil from] olives and [wine from] grapes, as [implied by Deuteronomy 26:2 which speaks of]: 'the fruit of the land,' i.e., [the fruit and] not a beverage. If one brought beverages, they are not accepted.15
Halacha 5
Halacha 6
The first fruits should not be brought before Shavuot, for that holiday is referred to as 'the harvest festival, the first fruits of your work.' If one brings [them at that time], we do not accept them from him. Instead, they should be left there18 until Shavuot, at which time, he should make the declaration concerning them. Similarly, the first fruits should not be brought after Chanukah.19 For first fruits that ripen after Chanukah are considered as being of the coming year. They should be left until Shavuot.
Halacha 7
The first fruits may not be brought from produce of the present harvest for produce of the previous harvest or from produce of the previous harvest for produce of the present harvest.20
What is implied? One should not bring produce that budded before the 15th of Shvat21 as first fruits for produce that budded after the 15th of Shvat. [This applies] both to produce that is planted and produce that grows on its own, as [implied by Numbers 18: 13]: 'The first fruits of everything in their land.'22
Halacha 8
The obligation of the first fruits applies to the produce of partners, [implied by]: 'The first fruits of everything in their land.'23
Halacha 9
When produce grows in a flower pot, even if it has a hole or it grows in a ship, one should not bring first fruits from them at all. [for the prooftext] speaks of 'their land.'24 One should, however, bring from produce that grows on a roof or in a ruin.
Halacha 10
[In all the following situations,] a person should not bring the first fruits from the produce that grows in one domain or the produce that grows in another domain. [These situations include] one who plants a tree in his field and extends25 it into his colleague's field26 or into the public domain, or the trunk of the tree was in his field and he extended its end in his field but there was a public road or a private path interrupting between the trunk and the end which was extended. [This is derived from Exodus 23:19]: "the first fruits of your land.' [Implied is that] all the growth [of the tree] must be from your land.'27
Halacha 11
If his colleague gave him permission28 [to implant the end] in his property even for a brief time, he may bring the first fruits. If the tree was close to his colleague's boundary or leaned into his colleague's field29 [and he planted there], even though he was obligated to distance [his planting], he may bring [the first fruits]30 and recite the declaration, for Joshua gave the land [to our people] as an inheritance with that intent.31
Halacha 12
Sharecroppers, tenant farmers,32 men of force who compel the owners [to sell] their land and purchase it for a low price,33 and robbers34 may not bring first fruits, because [the prooftext] states: 'the first fruits of your land.'35 [This applies] even when the owners despair [of recovering their land].36
Halacha 13
When a person purchases a tree in a field belonging to a friend, he may not bring [the first fruits], because he does not own land. [If he purchases] three [trees], he does own land. Even if he formally acquired only the trees, it is as if he owns land.37If he purchased one tree and the land around it, he should bring [the first fruits].38
Halacha 14
When a person purchases fruit that has been harvested and purchases the land [on which they grew],39 he should bring the first fruits, because he possesses both land and the fruits.
When one sells a colleague fruit, but not the land, even when the fruit is still attached to the land, [neither the seller, nor the purchaser may bring the first fruits]. The seller may not bring them, because he does not own the fruits. The purchaser may not bring them, because he does not own the land. If the seller buys the fruit back from the purchaser, he may bring [the first fruits], because he [now] owns [both] the land and its produce.
Halacha 15
Halacha 16
Halacha 17
There is no set measure for the first fruits according to Scriptural Law. According to Rabbinic Law, one should give one sixtieth of the crop. If one desires to set aside his entire crop as first fruits, he may.
Halacha 18
When a person separated his first fruits and afterwards added to them or adorned them, the addition is also considered as the first fruits.45
When does the above apply? When he brought [the first fruits] from Eretz Yisrael. If, however, he brought them from Transjordan or Syria, they are not as the first fruits.46 Even though they are not considered as the first fruits, they should only be eaten in a state of ritual purity.47 No matter where it is from,48the first fruits should only be adorned with fruit from the seven species [mentioned in the praise of Eretz Yisrael].49
Halacha 19
How should one separate the first fruits? A person descends to his field, sees a fig tree, a cluster [of grapes], and/or a pomegranate tree that has budded, and ties them with a reed.50 He should say: "These are the first fruits.' They become designated as first fruits even though they are attached to the ground after they have been given that title, even though they have not ripened entirely.51
When they ripen and are reaped from the ground, it is not necessary to designate them again. If he did not designate them while attached or call them first fruits and then he reaped them, he should designate them after he reaps them.52
If his entire harvest becomes impure, he should not designate the impure produce as first fruits. Instead, as an initial preference, he should set aside other produce as first fruits for the impure produce. It appears to me that if he does not have other produce, to separate [as first fruits], he should not set them aside to be destroyed.53 Similarly, it appears to me54 that if the first fruits become impure, he should not use them as kindling for a furnace, because they are like objects consecrated for the Temple.55
Halacha 20
When a person set aside his first fruits and they rotted away,56 were taken by others, lost, stolen, or became impure,57 he is obligated to set aside others in place ofthem,58 as [Exodus 23:119] states: '...bring to the house of God your Lord.' This teaches that one is liable to replace them until he brings them to the Temple Mount.59
FOOTNOTES | |
1. |
Sefer HaMitzvot (positive commandment 125) and Sefer HaChinuch (mitzvah 91) include this commandment among the 613 mitzvot of the Torah.
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2. |
I.e., from the land given specifically to you, Eretz Yisrael.
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3. |
I.e., only when the House of God, the Temple, is standing.
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4. |
I.e., the lands on the eastern side of the Jordan that were captured from these kings by Moses as he led our people to the promised land. These territories were not part of the land flowing with milk and honey promised to Abraham, Isaac, and Jacob.
The Rambam's position here represents a reversal from his position in Sefer HaMitzvot, loc. cit., where he writes that according to Scriptural Law, the mitzvah of the first fruits applies in these lands. Similarly, in his Commentary to the Mishnah (Bikkurim 1:10), he states that the mitzvah applies in these lands according to Scriptural Law.
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5. |
Lands to the north of Eretz Yisrael. These lands are not considered as part of Eretz Yisraelaccording to Scriptural Law. See Hilchot Terumah 1:9.
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6. |
Lands to the southeast of Eretz Yisrael which were not conquered by the Jews upon their initial conquest of the land.
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7. |
See Hilchot Terumah 1:1.
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8. |
And instead are considered as ordinary produce. The rationale is that the first fruits must be ritually pure and all produce coming from the Diaspora is ritually impure by Rabbinic decree.
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9. | |
10. |
See the gloss of Rabbi Akiva Eiger which states that rye, oats, and spelt, although considered as subspecies of wheat and barley in other contexts, should not be brought as the first fruits.
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11. |
The Jerusalem Talmud (Bikkurim 1:3) derives this from the exegesis of Deuteronomy 26:2: 'And you shall take of the first of all the fruit of the land. 'Take of" implies an exclusion. Not all of the fruit may be brought as first fruits.
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12. |
As the Rambam explains in his Commentary to the Mishnah (Sh'vi'it 2:5), these techniques are used to hurry the ripening of figs. Although they are effective, they reduce the quality of the figs.
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13. |
I.e., at times, fires were lit under grape vines to kill worms and insects in the vine. This, however, reduced the quality of the fruit.
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14. |
I.e., one may not bring juice from pomegranates, dates, and figs.
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15. |
From the conclusion of the tractate of Challah, it would appear that it is not acceptable to bring wine or oil either. Nevertheless, the Rambam does not accept that teaching, favoring insteadTerumah 11:3 which deems them acceptable. See the explanation in the Kessef Mishneh.
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16. |
For it is preferable that fresh fruits should be brought.
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17. |
For if they bring fresh fruit, it will spoil.
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18. |
I.e., in the Temple courtyard. The Radbaz states that this applies only to fruit that will not spoil. Otherwise, the fruit brought prematurely is like all the other fruit mentioned in the previous halachot and its consecration is not effective.
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19. |
After Chanaukah, it is not appropriate to bring the first fruits, because they are to be brought at the time of the harvest and the harvest is concluded by Sukkot. Moreover, if one brings the first fruits between Sukkot and Chanukah, he cannot make the declaration concerning them (Chapter 4, Halachah 13).
The Ra'avad objects to the Rambam's words for their implication is that the first fruit brought after Chanukah becomes consecrated. The Ra'avad maintains that since the fruit did not ripen until then, the first fruits are considered as of low quality and do not become consecrated. Nor, the Ra'avad maintains, can they be considered as being from the following year, as the Rambam states, because until the 15th of Shvat, they are considered as from the crops of the previous year. The Kessef Mishneh supports the Rambam, maintaining that since the crops have generally been harvested, any produce that does grow is considered as belonging to the coming year. The Radbaz emphasizes that here too, we are speaking of produce that will not spoil. Otherwise, it is not consecrated.
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20. |
Yevamot 73b states that there is an equation between the tithes and the first fruits. Hence, just as the tithes may not be brought from one harvest for another (Hilchot Terumah 5:11; Hilchot Ma'aser 1:7), so too, the law applies with regard to the first fruits.
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21. |
This refers to the first fruits brought from fruit. With regard to wheat and barley, the date when a change is made is Rosh HaShanah.
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22. |
I.e., the prooftext implies that the obligation applies to any and all situations where these species grow (see Menachot 84b and Radbaz).
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23. |
The plural form of the term indicates that the obligation applies even when the produce is owned by two people jointly (Chullin 136a).
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24. |
Produce that grows in such a situation is considered as growing from the earth in certain contexts. Nevertheless, the prooftext indicates that the first fruits are an exception.
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25. |
'Extending' refers to planting a bough from a tree or a vine in the ground, so that an extension can grow from it [the Rambam' s Commentary to the Mishnah (Bikkurim 1:1)].
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26. |
Without his colleague's permission as obvious from the following halachah.
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27. |
And even the fruit that grow from the trunk are nurtured to a certain extent from the end that was implanted.
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28. |
There is, however, no way one can be granted permission to use the public domain in this manner.
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29. |
See Hilchot Shechenim10:8.
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30. |
This applies even to the fruit which grew in his colleague's domain. Since his colleague gave him permission to grow the produce there, it can be considered as his land.
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31. |
The commentaries note that when Hilchot Nizkei Mammon 10:8 mentions the ten conditions on which basis Joshua gave the land to the people as an inheritance, this condition is not included among them. Among the resolutions given is that the conditions mentioned there apply also in the Diaspora, while this condition applies only in Eretz Yisrael.
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32. |
The former give the owners a share of the crops; the latter rent the fields for money. See Hilchot Ma'aser 6:13; the Rambam's Commentary to the Mishnah (Bikkurim 1:2).
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33. |
This was, unfortunately, a common practice in Eretz Yisrael during the Roman era, when the gentiles and their Jewish comrades would threaten a person until he was forced to sell his land for far below its worth.
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34. |
One who takes land without paying at all.
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35. |
And none of the above are rightful owners of the land.
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36. |
For land can never be stolen and always remains the property of its rightful owners (see Hilchot Gezeilah 8:14).
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37. |
See Hilchot Mechirah 24:1-2. The rationale is that since he purchased this amount of trees, he also receives the land necessary to tend to them. Although he is not the legal owner of the land and has only the right to use it, that right is sufficient the land to be called his own.
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38. |
Because he is the owner of both the land and the tree (Our bracketed additions are based on the gloss of the Radbaz. We are forced to accept this interpretation, since, as stated above, the first fruits must come from "your land."
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39. |
I.e., even if he does not purchase the fruit and the land at the same time, as long as he owns both at the time appropriate to bring the first fruits, he should bring them (Radbaz).
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40. |
See the Rambam's Commentary to the Mishnah (Gittin 4:9); note the differences between his initial version and his final version. There is a debate among the commentaries if the obligation to bring the first fruits is Rabbinic in origin (as was the Rambam's initial view) or Scriptural in origin (as is his view here).
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41. |
The Ra'avad comments that this applies even though the produce reached maturity while in the possession of the gentile. The commentaries state that the Rambam would accept this ruling.
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42. |
Hilchot Terumah 1:10.
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43. |
A tree that was worshiped. as was the practice of both the Canaanites and the Greeks.
When a gentile owns an entity that is worshiped, he can nullify its connection with idolatrous worship and from that time onward, it may be used for ordinary purposes. Nevertheless, it is not fit to be used for an offering on the Altar, because of its previous connection with idolatry. An entity owned by a Jew that was worshiped can never be nullified. See Hilchot Avodat Kochavim 8:8-11.
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44. |
As stated in Hilchot Issurei Mizbeiach 3:6, if a animal was once associated with the worship of false deities, it may no longer be used as a sacrifice in the Temple.
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45. |
And the stringencies applied to the first fruits, e.g., that they be eaten in a state of ritual purity, are also applied to them.
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46. |
The rationale is that, as stated in Halachah 1, the obligation to bring first fruits from these lands is Rabbinic in origin. Hence, it is not powerful enough to convey that status on the additions as well.
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47. |
As the first fruits themselves.
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48. |
Le., even from Transjordan and Syria (Radbaz).
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49. |
One may, however, adorn figs with grapes and grapes with dates (Bikkurim 3:10).
|
50. |
As a sign, so that he will recognize them later. There is no obligation to use a reed for this purpose. Another sign is also acceptable. The Rambam, quoting the mishnah, was merely stating a common practice [the Rambam's Commentary to the Mishnah (Bikkurim 3:1)] .
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51. |
Although they must reach a complete stage of development by the time they are brought to the Temple, it is not necessary that they reach this stage at the time of their designation.
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52. |
Unless he designates them, the fact that they are set aside is not sufficient for them to be considered as first fruits.
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53. |
See parallels in Hilchot Ma'aser Sheni 3:9; Hilchot Meilah 4:7. Terumah and the second tithe, by contrast, should be set aside even if the produce is impure, for they will not be wasted.
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54. |
The expression 'It appears to me' refers to a conclusion derived by the Rambam through deduction without an explicit prior Rabbinic source. The Kessef Mishneh questions whether that expression is appropriate in the present instance since this point is stated in Yevamot 73a,b. TheKessef Mishneh concludes that perhaps 'It appears to me' refers only to the rationale the Rambam states here, for that concept is not stated in Yevamot, loc. cit.
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55. |
And consecrated articles may not be destroyed. It is necessary for the Rambam to give this explanation, because the Torah refers to the first fruits as terumah and impure terumah may be kindled.
|
56. |
See Halachah 3 which states that spoiled produce is unacceptable.
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57. |
For then, they are no longer fit to be offered.
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58. |
He does not, however, make the declaration for the first fruits when bringing these fruits, as stated in Chapter 4, Halachah 9.
|
59. |
Once he brings them to the Temple Courtyard, he is not liable to replace even if they become impure (Radbaz).
|
60. |
The rationale for this ruling can be explained as follows: When a person sends his first fruits to the Temple via an agent, the agent does not make the declaration (Chapter 4, Halachah 2). Since they were harvested in a manner that allows that declaration to be made, it is improper for them to be sent in a manner that prevents it from being made.
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61. |
For in this instance, they were harvested with the intent that the declaration not be made.
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• Shabbat, Iyar 13, 5775 · 02 May 2015
Iyar 13, 28th day of the omer
Torah lessons: Chumash: B'har, Shlishi with Rashi.
Tehillim: 69-71.
Tanya: So, indeed, is (p. 251)...and the limited. (p. 253).
At Mincha, tachanun is said.
The Alter Rebbe once said (during those years that he would say short maamarim): "Know what is above you."1 Know that everything "above" in the supernal sefirot andpartzufim (Divine emanations and configurations), all derives "from you"2; it all depends on man's service.3
FOOTNOTES
*. This day marks the yahrzeit, in 5712 (1952) of R. Yisrael Aryeh Leib of blessed memory, brother of the Rebbe of righteous memory.
1. Avot 2:1.
2. Manifestations of the Divine Emanations, whether Chessed (Kindness) or Gevura(Severity), are determined by Man. Man's actions are independent and real, and from Above, G-d reacts to Man, "reflects" Man's actions. Man may be insignificant from one perspective, but his importance is cosmic from another. "I am dust and ashes" expresses one view; "The universe was created on my account" expresses the second.
3. The quotation from Avot may therefore be translated, "Know, that what is Above is from you."
Daily Thought:
Don't Just Stand There
As long as you’re holding on to where you were yesterday, you’re standing still.[29 Elul 5737:2.]
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