TODAY IN JUDAISM: Today is: Sunday, Iyar 14, 5775 · May 3, 2015
Pesach Sheini ("Second Passover") • Omer: Day 29 - Chessed sheb'Hod
Today's Laws & Customs:
• Eat Matzah
It is customary to eat matzah today to mark the "Second Passover" (see "Today in Jewish History").
• Count "Thirty Days to the Omer" Tonight
Tomorrow is the thirtieth 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 thirty days, which are four weeks and two days, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Gevurah sheb'Hod -- "Restraint 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:
• "Second Passover" (1312 BCE)
A year after the Exodus, G-d instructed the people of Israel to bring the Passover offering on the afternoon of Nissan 14, and to eat it that evening, roasted over the fire, together with matzah and bitter herbs, as they had done on the previous year just before they left Egypt. "There were, however, certain persons who had become ritually impure through contact with a dead body, and could not, therefore, prepare the Passover offering on that day. They approached Moses and Aaron ... and they said: '...Why should we be deprived, and not be able to present G-d's offering in its time, amongst the children of Israel?'" (Numbers 9).
In response to their plea, G-d established the 14th of Iyar as a "second Passover" (pesach sheini) for anyone who was unable to bring the offering on its appointed time in the previous month. The day thus represents the "second chance" achieved by teshuvah the power of repentance and "return." In the words of Rabbi Yosef Yitzchak of Lubavitch, "The Second Passover means that it's never a 'lost case.'"
Links:
The Second Passover
A Second Chance
• Passing of Rabbi Meir (2nd Century CE)
Rabbi Meir, a second century scholar and scribe, was among the foremost disciples of Rabbi Akiba. His colleagues called him Meir because he "enlightened the eyes of the sages" with his genius and scholarship ("Meir" comes from the Hebrew word "Or," light).
Rabbi Meir's long life was rife with personal tragedy (see the links below for details). Aside for his personal travails, he lived in the troubled times following the destruction of the second Holy Temple. After his beloved teacher, Rabbi Akiva, was executed by the Romans, he fled to Babylon until the persecutions eased up.
His wisdom and teachings are so often quoted in the Mishnah and Talmud that every anonymous teaching in the Mishnah is attributed to him.
His wife, Beruria, was also famous for her Torah knowledge, piety, and wisdom.
He is buried in the holy city of Tiberias.
Links:
Rabbi Meir
Beruriah
• Jews of Bisenz Massacred (1605)
The Jews of Bisenz, Austria were massacred on the 14th of Iyar, 5365 (1605).
• Germans Burn Jewish Books (1933)
Following the rise of the Nazi Party in Germany in the year 1933, the Nazis burned thousands of books written by Jews on the 14 of Iyar of that year.
• Eichmann Captured in Buenos Aires (1960)
Adolf Eichmann, a key party in implementing of Hitler's "final solution," was captured by agents of the Israeli "Mossad" in Buenos Aires, Argentina. Eichmann was in charge of all transportation required for the shipment of Jews to the extermination camps. The height of his career was reached in Hungary in 1944, when he managed to transport 400,000 Jews to the gas chambers in less than five weeks.
After the war, Eichmann fled to Argentina and lived under the assumed name of Ricardo Klement for ten years until Israeli Mossad agents abducted him on May 11, 1960 and smuggled him out of the country to stand trial in Jerusalem for his crimes against the Jewish people, crimes against humanity and war crimes.
During the four months of the trial over one hundred witnesses testified against him. Eichmann took the stand and used the defense that he was just obeying orders. "Why me," he asked. "Why not the local policemen, thousands of them? They would have been shot if they had refused to round up the Jews for the death camps. Everybody killed the Jews."
Eichmann was found guilty on all counts, sentenced to death and hanged at Ramleh Prison on May 31, 1962.
Daily Quote:
All is foreseen, and freedom of choice is granted[Ethics of the Fathers 3:15]
Daily Study:
Chitas and Rambam for today:
Chumash: Emor, 1st Portion Leviticus 21:1-21:15 with Rashi
• Chapter 21
1And the Lord said to Moses: Speak to the kohanim, the sons of Aaron, and say to them: Let none [of you] defile himself for a dead person among his people אוַיֹּאמֶר יְהֹוָה אֶל משֶׁה אֱמֹר אֶל הַכֹּהֲנִים בְּנֵי אַהֲרֹן וְאָמַרְתָּ אֲלֵהֶם לְנֶפֶשׁ לֹא יִטַּמָּא בְּעַמָּיו:
Speak to the kohanim: Heb. אֱמֹר וְאָמַרְתָּ “Speak [to the Kohanim …] and say [to them],” lit. “Say…and you shall say.” [This double expression comes] to admonish the adult [Kohanim to be responsible] for the minors [that they must not contaminate them (Mizrachi)]. — [Yev. . 114a] אמר אל הכהנים: אמור ואמרת, להזהיר גדולים על הקטנים:
the sons of Aaron: [Had Scripture used just this expression,] I would have thought that even desecrated [kohanim, those born from forbidden unions, as in verse 7, are included in this admonition to separate from uncleanness]. Scripture, therefore, states, “the kohanim ” [to teach us that the admonition applies only to non-desecrated kohanim]. בני אהרן: יכול חללים, תלמוד לומר הכהנים:
the sons of Aaron: Even those who have defects are implied. בני אהרן: אף בעלי מומין במשמע:
the sons of Aaron: But not the daughters of Aaron, [who may become defiled for the dead]. — [Torath Kohanim 21:1,2] בני אהרן: ולא בנות אהרן:
Let none [of you] defile himself [for a dead person] among his people:While the dead person is among his people [and therefore has people, non- kohanim, to bury him]. This comes to exclude [from the prohibition a kohen who comes across] a מֵתמִצְוָה, [a dead person for whom no one is in calling distance to attend to his burial and thus it is incumbent for people to attend to him]. — [Torath Kohanim 21:4] לא יטמא בעמיו: בעוד שהמת בתוך עמיו, יצא מת מצוה:
2except for his relative who is close to him, his mother, his father, his son, his daughter, his brother, בכִּי אִם לִשְׁאֵרוֹ הַקָּרֹב אֵלָיו לְאִמּוֹ וּלְאָבִיו וְלִבְנוֹ וּלְבִתּוֹ וּלְאָחִיו:
except for his relative: [The expression שְׁאֵרוֹ] “his relative” refers only [here] to his wife. — [Torath Kohanim 21:5; Yev. . 22b] כי אם לשארו: אין שארו אלא אשתו:
3and for his virgin sister who is close to him, who was not [yet] with a man for her, he shall defile himself. גוְלַאֲחֹתוֹ הַבְּתוּלָה הַקְּרוֹבָה אֵלָיו אֲשֶׁר לֹא הָיְתָה לְאִישׁ לָהּ יִטַּמָּא:
who is close [to him]: [This expression is] to include the sister who was betrothed [but not yet married] - [Torath Kohanim 21:5; Yev.. 60a] הקרובה: לרבות את הארוסה:
who was not [yet] with a man: for relations. — [see Yev. 60a] אשר לא היתה לאיש: למשכב:
for her, he shall defile himself: [This is] an obligation [for him to do so]. — [Torath Kohanim 21:8; Sotah 3a] לה יטמא: מצוה:
4[But] a husband shall not defile himself for [a wife who causes] his desecration, [while she is] among his people. דלֹא יִטַּמָּא בַּעַל בְּעַמָּיו לְהֵחַלּוֹ:
[But] a husband shall not defile himself for [a wife who causes] his desecration, [while she is] among his people: He may not defile himself for his [deceased] wife who was unfit for him, and by whom he was desecrated [from his status,] while she was with him. — [Torath Kohanim 21:10; Yev.. 22b] And this is the simple meaning of the verse: “A husband shall not defile himself” for his relative [i.e., his wife], while she is still “among his people,” i.e., while she has [non- kohen] relatives who can attend to her burial, for she is therefore not under the category of an unattended deceased. And which relative [i.e., wife] are we dealing with here? [With a wife] “through whom he becomes desecrated (לְהֵחַלּוֹ),” i.e., [because she was unfit to marry him,] he subsequently becomes desecrated from his kehunah [and is unfit to perform the Holy Service]. לא יטמא בעל בעמיו להחלו: לא יטמא לאשתו פסולה שהוא מחולל בה בעודה עמו. וכן פשוטו של מקרא לא יטמא בעל בשארו בעוד שהוא בתוך עמיו, שיש לה קוברין, שאינה מת מצוה, ובאיזה שאר אמרתי, באותו שהוא להחלו, להתחלל הוא מכהונתו:
5They shall not make bald patches on their heads, nor shall they shave the edge of their beard, nor shall they make cuts in their flesh. הלֹא יִקְרְחוּ (כתיב לא יִקְרְחֻה) קָרְחָה בְּרֹאשָׁם וּפְאַת זְקָנָם לֹא יְגַלֵּחוּ וּבִבְשָׂרָם לֹא יִשְׂרְטוּ שָׂרָטֶת:
They shall not make bald patches on their heads: for a deceased. But are not [all] Israelites warned against this (see Deut. 14:1)]? However, when referring to the Israelites, Scripture says, “[You shall not…make any baldness] between your eyes [for the dead]” (Deut. 14:1). Thus, one might think that one is not liable [for making bald patches] anywhere else on the head. Scripture, therefore, says [regarding kohanim] “[They shall not make bald patches] on their heads” [teaching us that the prohibition applies to the entire head]. And we can extrapolate from kohanim to all Israelites through a gezeirah shavah [i.e., a Rabbinical tradition linking the laws of two otherwise unrelated verses or passages through common key words or phrases, as follows]: Here [regarding kohanim] Scripture uses the expression קָרְחָה - bald patches, and there regarding Israelites, Scripture [also] uses the expression קָרְחָה - bald patches. Thus, just as here [regarding kohanim, the prohibition applies to] the entire head, so is it understood further [regarding all Israelites], [that the prohibition applies to] the entire head, wherever one makes a bald patch on the head, [not just “between the eyes”], and just as there [regarding all Israelites, the prohibition applies to making bald patches only as a gesture of mourning] over a dead person [(see Deut. 14:1), “You shall not…make any baldness…for the dead”] - so, here [regarding kohanim, the prohibition applies to making bald patches only as a gesture of mourning] over a dead person. — [Torath Kohanim 21:11; Mak. 20a] לא יקרחה קרחה: על מת. והלא אף ישראל הוזהרו על כך, אלא לפי שנאמר בישראל (דברים יד א) בין עיניכם, יכול לא יהא חייב על כל הראש, תלמוד לומר בראשם, וילמדו ישראל מהכהנים בגזרה שוה, נאמר כאן קרחה ונאמר להלן בישראל קרחה, מה כאן כל הראש אף להלן כל הראש במשמע, כל מקום שיקרח בראש. ומה להלן על מת, אף כאן על מת:
nor shall they shave the edge of their beard: Since it is stated in reference to all Israelites, “and you shall not destroy [the edge of your beard]” (Lev. 19:27), one might think that if one removed [the hairs] with tweezers or with a plane, one would be liable [to lashes]. Therefore, it says [here], “nor shall they shave,” [meaning] that one is liable only for something called “shaving” (גִּלוּחַ) with “destruction” (הַשְׁחָתָה) involved in it - that being a razor. — [Mak. 21a] ופאת זקנם לא יגלחו: לפי שנאמר בישראל (ויקרא יט כז) ולא תשחית, יכול לקטו במלקט וברהיטני יהא חייב, לכך נאמר לא יגלחו, שאינו חייב אלא על דבר הקרוי גלוח ויש בו השחתה, וזהו תער:
nor shall they make cuts in their flesh: יִשְׂרְטוּ שָׂרֶטֶת, lit. “nor shall they cut a cut in their flesh.” [Why the double language?] Since regarding [all] Israelites, Scripture states (Lev. 19:28), “You shall not make cuts in your flesh for a person [who died],” one might think, that if someone made [several, e.g.,] five cuts, he would be liable for [having transgressed] only one [negative commandment]. Scripture, therefore, states, “nor shall they cut a cut,” to make one becomes liable for every individual cut made. For this word שָׂרֶטֶת is superfluous and thus is to be expounded [as above], as Scripture could have [merely] written, “nor shall they cut,” [in which case] I would have known that it means [not to cut] a cut. [Hence, the superfluous שָׂרֶטֶת was written to make one liable for each individual cut.]- [Torath Kohanim 21:12] ובבשרם לא ישרטו שרטת: לפי שנאמר בישראל (ויקרא שם כח) ושרט לנפש לא תתנו, יכול שרט חמש שריטות לא יהא חייב אלא אחת, תלמוד לומר לא ישרטו שרטת, לחייב על כל שריטה ושריטה. שתיבה זו יתירה היא לדרוש, שהיה לו לכתוב לא ישרטו ואני יודע שהיא שרטת:
6They shall be holy to their God, and they shall not desecrate their God's Name, for they offer up the fire offerings of the Lord, the food offering of their God, so they shall be holy. וקְדשִׁים יִהְיוּ לֵאלֹהֵיהֶם וְלֹא יְחַלְּלוּ שֵׁם אֱלֹהֵיהֶם כִּי אֶת אִשֵּׁי יְהֹוָה לֶחֶם אֱלֹהֵיהֶם הֵם מַקְרִיבִם וְהָיוּ קֹדֶשׁ:
They shall be holy: [Since Scripture does not state “They are holy,” but rather “They shall be holy,” it means that if kohanim wish to defile themselves over the dead and thereby desecrate their holiness]-against their will, the court must [prevent them from doing so, and thereby] sanctify them in this respect. — [Mizrachi; Torath Kohanim 21:13] קדשים יהיו: על כרחם יקדישום בית דין בכך:
7They shall not marry a woman who is a prostitute or who is desecrated, and they shall not marry a woman who is divorced from her husband for he [the kohen] is holy to his God. זאִשָּׁה זֹנָה וַחֲלָלָה לֹא יִקָּחוּ וְאִשָּׁה גְּרוּשָׁה מֵאִישָׁהּ לֹא יִקָּחוּ כִּי קָדשׁ הוּא לֵאלֹהָיו:
who is a prostitute: Heb. זֹנָה, [a woman] with whom an Israelite who is forbidden to her, has cohabited, for example, [relationships] punishable by excision (see Lev., Chapter 18), or a nathin [a descendant of the Gibeonites who were converted at the time of Joshua (see Josh., chapter 9) and who were forbidden to marry into Israel for all generations], or a mamzer [a product of a forbidden union]. — [Torath Kohanim 21:14; Yev. 61b] זנה: שנבעלה בעילת ישראל האסור לה, כגון חייבי כריתות או נתין או ממזר:
who is desecrated: Heb. חֲלָלָה, [a woman] who was born from one who is unfit for the kehunah, for example, the daughter of a widow from a Kohen Gadol or the daughter of a divorcee from an ordinary kohen [the children of such unions becoming “desecrated” from the kehunah]. Also, [the term חֲלָלָה includes a woman] who becomes desecrated from the kehunah through relations with one of those who are themselves disqualified for the kehunah. — [Kid. 77a] חללה: שנולדה מן הפסולים שבכהונה, כגון בת אלמנה מכהן גדול או בת גרושה וחלוצה מכהן הדיוט, וכן שנתחללה מן הכהונה על ידי ביאת אחד מן הפסולים לכהונה:
8You shall sanctify him, for he offers up the food offering of your God; he shall be holy to you, for I, the Lord Who sanctifies you, am holy. חוְקִדַּשְׁתּוֹ כִּי אֶת לֶחֶם אֱלֹהֶיךָ הוּא מַקְרִיב קָדשׁ יִהְיֶה לָּךְ כִּי קָדוֹשׁ אֲנִי יְהֹוָה מְקַדִּשְׁכֶם:
You shall sanctify him: Against his will- [meaning], that if he refuses to divorce [such a woman, lash him and chastise him until he divorces [her]. — [Yev. 88b; Mizrachi; Torath Kohanim 21:19] וקדשתו: על כרחו, שאם לא רצה לגרש, הלקהו ויסרהו עד שיגרש:
he shall be holy to you: Treat him with holiness, e.g., he should be the first to commence any matter, and to [be the one who] begins the blessings at a meal. — [Gittin 59b] קדש יהיה לך: נהוג בו קדושה לפתוח ראשון בכל דבר ולברך ראשון בסעודה:
9If a kohen's daughter becomes desecrated through adultery she desecrates her father; she shall be burned in fire. טוּבַת אִישׁ כֹּהֵן כִּי תֵחֵל לִזְנוֹת אֶת אָבִיהָ הִיא מְחַלֶּלֶת בָּאֵשׁ תִּשָּׂרֵף:
If [a kohen’s daughter] becomes desecrated through adultery: Heb. כִּי תֵחֵל. [The word תֵּחֵל here, stems from the word חִלּוּל, desecration, and not from the word הַתְחָלָה, beginning, and thus, the phrase here means:] If she becomes desecrated (תִּתְחַלֵּל) through a forbidden union, whereby she had a marriage-bond to a man and she committed adultery-whether [this bond had been] a betrothal or a marriage. And our Rabbis differ with regards to the matter [i.e., as to which stage of marriage-bond is referred to here]. All agree, however, that Scripture did not speak of a single woman. — [Sanh. 50b-51a] כי תחל לזנות: כשתתחלל על ידי זנות, שהיתה בה זיקת בעל וזנתה או מן האירוסין או מן הנשואין. ורבותינו נחלקו בדבר, והכל מודים שלא דבר הכתוב בפנויה:
she desecrates her father: She has desecrated and degraded his honor, for [people] will say of him, “Cursed is he who fathered this one! Cursed is he who raised this one!” - [Sanh. 52a] את אביה היא מחללת: חללה ובזתה את כבודו, שאומרים עליו ארור שזו ילד, ארור שזו גדל:
10And the kohen who is elevated above his brothers, upon whose head the anointment oil has been poured or who has been inaugurated to wear the garments he shall not leave his hair unshorn or rend his garments. יוְהַכֹּהֵן הַגָּדוֹל מֵאֶחָיו אֲשֶׁר יוּצַק עַל רֹאשׁוֹ | שֶׁמֶן הַמִּשְׁחָה וּמִלֵּא אֶת יָדוֹ לִלְבּשׁ אֶת הַבְּגָדִים אֶת רֹאשׁוֹ לֹא יִפְרָע וּבְגָדָיו לֹא יִפְרֹם:
he shall not leave his hair unshorn: Heb. לֹא יִפְרָע. He shall not leave his hair unshorn as a gesture of mourning. — [Torath Kohanim 21:27] Now what is considered “leaving one’s hair unshorn?” More than thirty days. — [Sanh. 22b] לא יפרע: לא יגדל פרע על אבל. ואיזהו גידול פרע, יותר משלשים יום:
11And he shall not come upon any dead bodies; he shall not defile himself for his father or his mother. יאוְעַל כָּל נַפְשֹׁת מֵת לֹא יָבֹא לְאָבִיו וּלְאִמּוֹ לֹא יִטַּמָּא:
And [he shall not come] upon any dead bodies: [i.e., he shall not enter] the tent [or house, etc., wherein] the dead person [lies]. — [Torath Kohanim 21:28] ועל כל נפשת מת וגו': באהל המת:
dead bodies: [This comes] to include [the law that] revi’ith [a “quarter” of a log] of blood [issued] from a dead person, defiles [anything found] in the tent. — [Sanh. 4a] נפשת מת: להביא רביעית דם מן המת שמטמא באהל:
he shall not defile himself for his father or his mother: [Since the Kohen Gadol, unlike the ordinary kohen (see verse 2 above), is forbidden to defile himself for any dead body, even for his parents, this seemingly superfluous statement here comes only] to permit him [to defile himself] for a מֵת מִצְוָה, a dead person for whom there is no one to attend to [his burial]. — [Torath Kohanim 21:28; Nazir 48a] לאביו ולאמו לא יטמא: לא בא אלא להתיר לו מת מצוה:
12He shall not leave the Sanctuary, and he will not desecrate the holy things of his God, for the crown of his God's anointing oil is upon him. I am the Lord. יבוּמִן הַמִּקְדָּשׁ לֹא יֵצֵא וְלֹא יְחַלֵּל אֵת מִקְדַּשׁ אֱלֹהָיו כִּי נֵזֶר שֶׁמֶן מִשְׁחַת אֱלֹהָיו עָלָיו אֲנִי יְהֹוָה:
He shall not leave the Sanctuary: He shall not [leave the precincts of the Sanctuary to] follow the funeral procession [even of a relative]. — [Sanh. 18a] Furthermore, from here, our Rabbis learned that a Kohen Gadol may offer up sacrifices [even] if he is an onen [i.e., if his close relative died on that day]. [The following, therefore], is its meaning [i.e., the meaning of the verse]: Even if his father or mother died, [the Kohen Gadol] need not leave the Sanctuary, but he may perform the service. — [Sanh.. 84a] ומן המקדש לא יצא: אינו הולך אחר המטה. ועוד מכאן למדו רבותינו שכהן גדול מקריב אונן, וכן משמעו, אף אם מתו אביו ואמו אינו צריך לצאת מן המקדש אלא עובד עבודה:
he will not desecrate the holy things: [meaning] that he does not thereby desecrate the Holy Service, for Scripture has permitted him [to perform the Holy Service under such circumstances]. However, an ordinary kohen who performs the Holy Service while being an onen, desecrates [it]. — [Sanh. 84a] ולא יחלל את מקדש: שאינו מחלל בכך את העבודה שהתיר לו הכתוב, הא כהן הדיוט שעבד אונן חלל:
13He shall marry a woman in her virgin state. יגוְהוּא אִשָּׁה בִבְתוּלֶיהָ יִקָּח:
14A widow, a divorcee, a woman who is desecrated or a prostitute he shall not marry [any] of these. Only a virgin of his people may he take as a wife. ידאַלְמָנָה וּגְרוּשָׁה וַחֲלָלָה זֹנָה אֶת אֵלֶּה לֹא יִקָּח כִּי אִם בְּתוּלָה מֵעַמָּיו יִקַּח אִשָּׁה:
a woman who is desecrated: [The terms וַחֲלָלָה זֹנָה are not to be connected to mean a חֲלָלָה who is a זֹנָה, but rather, they should be read as two separate items, וַחֲלָלָה and then זֹנָה Thus, חֲלָלָה here refers to a woman] who was born from those unfit for the kehunah. — [see Rashi verse 7 above; Torath Kohanim 21: 34] וחללה: שנולדה מפסולי כהונה:
15And he shall not desecrate his offspring among his people, for I am the Lord, Who sanctifies him. טווְלֹא יְחַלֵּל זַרְעוֹ בְּעַמָּיו כִּי אֲנִי יְהֹוָה מְקַדְּשׁוֹ:
And he shall not desecrate his offspring: But, if he does marry one of those [women listed in the verse as] being unfit [to marry a Kohen Gadol], his offspring from that woman are desecrated from the holiness of the kehunah [and are permitted to defile themselves for the dead, and they may marry a widow or a divorcee]. — [Nachalath Yaakov; Torath Kohanim 21:34] ולא יחלל זרעו: הא אם נשא אחת מן הפסולות, זרעו הימנה חלל מדין קדושת כהונה:
Daily Tehillim: Psalms Chapters 72 - 76
• Chapter 72
• Lessons in Tanya
• Sunday, Iyar 14, 5775 · May 3, 2015
Rambam:
• Sefer Hamitzvos:
Sunday, Iyar 14, 5775 · May 3, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 149
A Non-Priest Partaking of the Holiest Sacrifices
"But a stranger shall not eat of them because they are holy"—Exodus 29:33.
A non-priest may not eat of the "Holy of Holies" sacrifices (e.g., the flesh of the Sin Offering).
Positive Commandment 132
Declaration of the First Fruits
"And you shall call out and say before G‑d, your G‑d: 'An Aramean [sought to] destroy my father..."—Deuteronomy 26:5.
When bringing the First Fruit to the Holy Temple, the owner is commanded to speak of G‑d's kindness towards us and express gratitude to G‑d for saving us ever since the times of Jacob, and rescuing us from the slavery and the tormenting of the Egyptians. The owner then beseeches G‑d to continue showering blessing upon us.
Women are not obligated to make this declaration.
• 1 Chapter: Eruvin Eruvin - Chapter Two
• Sunday, Iyar 14, 5775 · 05/03/2015
Iyar 14, Pesach Sheini, 29th day of the omer
Torah lessons: Chumash: B'har, Revi'i with Rashi.
Tehillim: 72-76.
Tanya: To illustrate this (p. 253)...thought and mind. (p. 253).
The theme of Pesach Sheini1 is that it is never too late. It is always possible to put things right. Even if one was tamei (ritually impure), or one was far away, and even in a case of lachem, when this (impurity etc.) was deliberate - nonetheless he can correct it.
FOOTNOTES
1. See Bamidbar 9:10. The Pesach Sheini, second Passover sacrifice, was to be offered by those who, at the time of first Pesach, were "...defiled (tamei) by a dead body or on a distant journey for yourselves (lachem)..." Here an opportunity is offered to anyone who failed to bring the Pesach offering in its proper time, for whatever reason - even impurity, even "alienation" ("...on a distant journey etc..."), even if this was deliberate - to repair the situation. He may celebrate Pesach Sheini, the Second Pesach, a month later.
Pesach Sheini ("Second Passover") • Omer: Day 29 - Chessed sheb'Hod
Today's Laws & Customs:
• Eat Matzah
It is customary to eat matzah today to mark the "Second Passover" (see "Today in Jewish History").
• Count "Thirty Days to the Omer" Tonight
Tomorrow is the thirtieth 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 thirty days, which are four weeks and two days, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Gevurah sheb'Hod -- "Restraint 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:
• "Second Passover" (1312 BCE)
A year after the Exodus, G-d instructed the people of Israel to bring the Passover offering on the afternoon of Nissan 14, and to eat it that evening, roasted over the fire, together with matzah and bitter herbs, as they had done on the previous year just before they left Egypt. "There were, however, certain persons who had become ritually impure through contact with a dead body, and could not, therefore, prepare the Passover offering on that day. They approached Moses and Aaron ... and they said: '...Why should we be deprived, and not be able to present G-d's offering in its time, amongst the children of Israel?'" (Numbers 9).
In response to their plea, G-d established the 14th of Iyar as a "second Passover" (pesach sheini) for anyone who was unable to bring the offering on its appointed time in the previous month. The day thus represents the "second chance" achieved by teshuvah the power of repentance and "return." In the words of Rabbi Yosef Yitzchak of Lubavitch, "The Second Passover means that it's never a 'lost case.'"
Links:
The Second Passover
A Second Chance
• Passing of Rabbi Meir (2nd Century CE)
Rabbi Meir, a second century scholar and scribe, was among the foremost disciples of Rabbi Akiba. His colleagues called him Meir because he "enlightened the eyes of the sages" with his genius and scholarship ("Meir" comes from the Hebrew word "Or," light).
Rabbi Meir's long life was rife with personal tragedy (see the links below for details). Aside for his personal travails, he lived in the troubled times following the destruction of the second Holy Temple. After his beloved teacher, Rabbi Akiva, was executed by the Romans, he fled to Babylon until the persecutions eased up.
His wisdom and teachings are so often quoted in the Mishnah and Talmud that every anonymous teaching in the Mishnah is attributed to him.
His wife, Beruria, was also famous for her Torah knowledge, piety, and wisdom.
He is buried in the holy city of Tiberias.
Links:
Rabbi Meir
Beruriah
• Jews of Bisenz Massacred (1605)
The Jews of Bisenz, Austria were massacred on the 14th of Iyar, 5365 (1605).
• Germans Burn Jewish Books (1933)
Following the rise of the Nazi Party in Germany in the year 1933, the Nazis burned thousands of books written by Jews on the 14 of Iyar of that year.
• Eichmann Captured in Buenos Aires (1960)
Adolf Eichmann, a key party in implementing of Hitler's "final solution," was captured by agents of the Israeli "Mossad" in Buenos Aires, Argentina. Eichmann was in charge of all transportation required for the shipment of Jews to the extermination camps. The height of his career was reached in Hungary in 1944, when he managed to transport 400,000 Jews to the gas chambers in less than five weeks.
After the war, Eichmann fled to Argentina and lived under the assumed name of Ricardo Klement for ten years until Israeli Mossad agents abducted him on May 11, 1960 and smuggled him out of the country to stand trial in Jerusalem for his crimes against the Jewish people, crimes against humanity and war crimes.
During the four months of the trial over one hundred witnesses testified against him. Eichmann took the stand and used the defense that he was just obeying orders. "Why me," he asked. "Why not the local policemen, thousands of them? They would have been shot if they had refused to round up the Jews for the death camps. Everybody killed the Jews."
Eichmann was found guilty on all counts, sentenced to death and hanged at Ramleh Prison on May 31, 1962.
Daily Quote:
All is foreseen, and freedom of choice is granted[Ethics of the Fathers 3:15]
Daily Study:
Chitas and Rambam for today:
Chumash: Emor, 1st Portion Leviticus 21:1-21:15 with Rashi
• Chapter 21
1And the Lord said to Moses: Speak to the kohanim, the sons of Aaron, and say to them: Let none [of you] defile himself for a dead person among his people אוַיֹּאמֶר יְהֹוָה אֶל משֶׁה אֱמֹר אֶל הַכֹּהֲנִים בְּנֵי אַהֲרֹן וְאָמַרְתָּ אֲלֵהֶם לְנֶפֶשׁ לֹא יִטַּמָּא בְּעַמָּיו:
Speak to the kohanim: Heb. אֱמֹר וְאָמַרְתָּ “Speak [to the Kohanim …] and say [to them],” lit. “Say…and you shall say.” [This double expression comes] to admonish the adult [Kohanim to be responsible] for the minors [that they must not contaminate them (Mizrachi)]. — [Yev. . 114a] אמר אל הכהנים: אמור ואמרת, להזהיר גדולים על הקטנים:
the sons of Aaron: [Had Scripture used just this expression,] I would have thought that even desecrated [kohanim, those born from forbidden unions, as in verse 7, are included in this admonition to separate from uncleanness]. Scripture, therefore, states, “the kohanim ” [to teach us that the admonition applies only to non-desecrated kohanim]. בני אהרן: יכול חללים, תלמוד לומר הכהנים:
the sons of Aaron: Even those who have defects are implied. בני אהרן: אף בעלי מומין במשמע:
the sons of Aaron: But not the daughters of Aaron, [who may become defiled for the dead]. — [Torath Kohanim 21:1,2] בני אהרן: ולא בנות אהרן:
Let none [of you] defile himself [for a dead person] among his people:While the dead person is among his people [and therefore has people, non- kohanim, to bury him]. This comes to exclude [from the prohibition a kohen who comes across] a מֵתמִצְוָה, [a dead person for whom no one is in calling distance to attend to his burial and thus it is incumbent for people to attend to him]. — [Torath Kohanim 21:4] לא יטמא בעמיו: בעוד שהמת בתוך עמיו, יצא מת מצוה:
2except for his relative who is close to him, his mother, his father, his son, his daughter, his brother, בכִּי אִם לִשְׁאֵרוֹ הַקָּרֹב אֵלָיו לְאִמּוֹ וּלְאָבִיו וְלִבְנוֹ וּלְבִתּוֹ וּלְאָחִיו:
except for his relative: [The expression שְׁאֵרוֹ] “his relative” refers only [here] to his wife. — [Torath Kohanim 21:5; Yev. . 22b] כי אם לשארו: אין שארו אלא אשתו:
3and for his virgin sister who is close to him, who was not [yet] with a man for her, he shall defile himself. גוְלַאֲחֹתוֹ הַבְּתוּלָה הַקְּרוֹבָה אֵלָיו אֲשֶׁר לֹא הָיְתָה לְאִישׁ לָהּ יִטַּמָּא:
who is close [to him]: [This expression is] to include the sister who was betrothed [but not yet married] - [Torath Kohanim 21:5; Yev.. 60a] הקרובה: לרבות את הארוסה:
who was not [yet] with a man: for relations. — [see Yev. 60a] אשר לא היתה לאיש: למשכב:
for her, he shall defile himself: [This is] an obligation [for him to do so]. — [Torath Kohanim 21:8; Sotah 3a] לה יטמא: מצוה:
4[But] a husband shall not defile himself for [a wife who causes] his desecration, [while she is] among his people. דלֹא יִטַּמָּא בַּעַל בְּעַמָּיו לְהֵחַלּוֹ:
[But] a husband shall not defile himself for [a wife who causes] his desecration, [while she is] among his people: He may not defile himself for his [deceased] wife who was unfit for him, and by whom he was desecrated [from his status,] while she was with him. — [Torath Kohanim 21:10; Yev.. 22b] And this is the simple meaning of the verse: “A husband shall not defile himself” for his relative [i.e., his wife], while she is still “among his people,” i.e., while she has [non- kohen] relatives who can attend to her burial, for she is therefore not under the category of an unattended deceased. And which relative [i.e., wife] are we dealing with here? [With a wife] “through whom he becomes desecrated (לְהֵחַלּוֹ),” i.e., [because she was unfit to marry him,] he subsequently becomes desecrated from his kehunah [and is unfit to perform the Holy Service]. לא יטמא בעל בעמיו להחלו: לא יטמא לאשתו פסולה שהוא מחולל בה בעודה עמו. וכן פשוטו של מקרא לא יטמא בעל בשארו בעוד שהוא בתוך עמיו, שיש לה קוברין, שאינה מת מצוה, ובאיזה שאר אמרתי, באותו שהוא להחלו, להתחלל הוא מכהונתו:
5They shall not make bald patches on their heads, nor shall they shave the edge of their beard, nor shall they make cuts in their flesh. הלֹא יִקְרְחוּ (כתיב לא יִקְרְחֻה) קָרְחָה בְּרֹאשָׁם וּפְאַת זְקָנָם לֹא יְגַלֵּחוּ וּבִבְשָׂרָם לֹא יִשְׂרְטוּ שָׂרָטֶת:
They shall not make bald patches on their heads: for a deceased. But are not [all] Israelites warned against this (see Deut. 14:1)]? However, when referring to the Israelites, Scripture says, “[You shall not…make any baldness] between your eyes [for the dead]” (Deut. 14:1). Thus, one might think that one is not liable [for making bald patches] anywhere else on the head. Scripture, therefore, says [regarding kohanim] “[They shall not make bald patches] on their heads” [teaching us that the prohibition applies to the entire head]. And we can extrapolate from kohanim to all Israelites through a gezeirah shavah [i.e., a Rabbinical tradition linking the laws of two otherwise unrelated verses or passages through common key words or phrases, as follows]: Here [regarding kohanim] Scripture uses the expression קָרְחָה - bald patches, and there regarding Israelites, Scripture [also] uses the expression קָרְחָה - bald patches. Thus, just as here [regarding kohanim, the prohibition applies to] the entire head, so is it understood further [regarding all Israelites], [that the prohibition applies to] the entire head, wherever one makes a bald patch on the head, [not just “between the eyes”], and just as there [regarding all Israelites, the prohibition applies to making bald patches only as a gesture of mourning] over a dead person [(see Deut. 14:1), “You shall not…make any baldness…for the dead”] - so, here [regarding kohanim, the prohibition applies to making bald patches only as a gesture of mourning] over a dead person. — [Torath Kohanim 21:11; Mak. 20a] לא יקרחה קרחה: על מת. והלא אף ישראל הוזהרו על כך, אלא לפי שנאמר בישראל (דברים יד א) בין עיניכם, יכול לא יהא חייב על כל הראש, תלמוד לומר בראשם, וילמדו ישראל מהכהנים בגזרה שוה, נאמר כאן קרחה ונאמר להלן בישראל קרחה, מה כאן כל הראש אף להלן כל הראש במשמע, כל מקום שיקרח בראש. ומה להלן על מת, אף כאן על מת:
nor shall they shave the edge of their beard: Since it is stated in reference to all Israelites, “and you shall not destroy [the edge of your beard]” (Lev. 19:27), one might think that if one removed [the hairs] with tweezers or with a plane, one would be liable [to lashes]. Therefore, it says [here], “nor shall they shave,” [meaning] that one is liable only for something called “shaving” (גִּלוּחַ) with “destruction” (הַשְׁחָתָה) involved in it - that being a razor. — [Mak. 21a] ופאת זקנם לא יגלחו: לפי שנאמר בישראל (ויקרא יט כז) ולא תשחית, יכול לקטו במלקט וברהיטני יהא חייב, לכך נאמר לא יגלחו, שאינו חייב אלא על דבר הקרוי גלוח ויש בו השחתה, וזהו תער:
nor shall they make cuts in their flesh: יִשְׂרְטוּ שָׂרֶטֶת, lit. “nor shall they cut a cut in their flesh.” [Why the double language?] Since regarding [all] Israelites, Scripture states (Lev. 19:28), “You shall not make cuts in your flesh for a person [who died],” one might think, that if someone made [several, e.g.,] five cuts, he would be liable for [having transgressed] only one [negative commandment]. Scripture, therefore, states, “nor shall they cut a cut,” to make one becomes liable for every individual cut made. For this word שָׂרֶטֶת is superfluous and thus is to be expounded [as above], as Scripture could have [merely] written, “nor shall they cut,” [in which case] I would have known that it means [not to cut] a cut. [Hence, the superfluous שָׂרֶטֶת was written to make one liable for each individual cut.]- [Torath Kohanim 21:12] ובבשרם לא ישרטו שרטת: לפי שנאמר בישראל (ויקרא שם כח) ושרט לנפש לא תתנו, יכול שרט חמש שריטות לא יהא חייב אלא אחת, תלמוד לומר לא ישרטו שרטת, לחייב על כל שריטה ושריטה. שתיבה זו יתירה היא לדרוש, שהיה לו לכתוב לא ישרטו ואני יודע שהיא שרטת:
6They shall be holy to their God, and they shall not desecrate their God's Name, for they offer up the fire offerings of the Lord, the food offering of their God, so they shall be holy. וקְדשִׁים יִהְיוּ לֵאלֹהֵיהֶם וְלֹא יְחַלְּלוּ שֵׁם אֱלֹהֵיהֶם כִּי אֶת אִשֵּׁי יְהֹוָה לֶחֶם אֱלֹהֵיהֶם הֵם מַקְרִיבִם וְהָיוּ קֹדֶשׁ:
They shall be holy: [Since Scripture does not state “They are holy,” but rather “They shall be holy,” it means that if kohanim wish to defile themselves over the dead and thereby desecrate their holiness]-against their will, the court must [prevent them from doing so, and thereby] sanctify them in this respect. — [Mizrachi; Torath Kohanim 21:13] קדשים יהיו: על כרחם יקדישום בית דין בכך:
7They shall not marry a woman who is a prostitute or who is desecrated, and they shall not marry a woman who is divorced from her husband for he [the kohen] is holy to his God. זאִשָּׁה זֹנָה וַחֲלָלָה לֹא יִקָּחוּ וְאִשָּׁה גְּרוּשָׁה מֵאִישָׁהּ לֹא יִקָּחוּ כִּי קָדשׁ הוּא לֵאלֹהָיו:
who is a prostitute: Heb. זֹנָה, [a woman] with whom an Israelite who is forbidden to her, has cohabited, for example, [relationships] punishable by excision (see Lev., Chapter 18), or a nathin [a descendant of the Gibeonites who were converted at the time of Joshua (see Josh., chapter 9) and who were forbidden to marry into Israel for all generations], or a mamzer [a product of a forbidden union]. — [Torath Kohanim 21:14; Yev. 61b] זנה: שנבעלה בעילת ישראל האסור לה, כגון חייבי כריתות או נתין או ממזר:
who is desecrated: Heb. חֲלָלָה, [a woman] who was born from one who is unfit for the kehunah, for example, the daughter of a widow from a Kohen Gadol or the daughter of a divorcee from an ordinary kohen [the children of such unions becoming “desecrated” from the kehunah]. Also, [the term חֲלָלָה includes a woman] who becomes desecrated from the kehunah through relations with one of those who are themselves disqualified for the kehunah. — [Kid. 77a] חללה: שנולדה מן הפסולים שבכהונה, כגון בת אלמנה מכהן גדול או בת גרושה וחלוצה מכהן הדיוט, וכן שנתחללה מן הכהונה על ידי ביאת אחד מן הפסולים לכהונה:
8You shall sanctify him, for he offers up the food offering of your God; he shall be holy to you, for I, the Lord Who sanctifies you, am holy. חוְקִדַּשְׁתּוֹ כִּי אֶת לֶחֶם אֱלֹהֶיךָ הוּא מַקְרִיב קָדשׁ יִהְיֶה לָּךְ כִּי קָדוֹשׁ אֲנִי יְהֹוָה מְקַדִּשְׁכֶם:
You shall sanctify him: Against his will- [meaning], that if he refuses to divorce [such a woman, lash him and chastise him until he divorces [her]. — [Yev. 88b; Mizrachi; Torath Kohanim 21:19] וקדשתו: על כרחו, שאם לא רצה לגרש, הלקהו ויסרהו עד שיגרש:
he shall be holy to you: Treat him with holiness, e.g., he should be the first to commence any matter, and to [be the one who] begins the blessings at a meal. — [Gittin 59b] קדש יהיה לך: נהוג בו קדושה לפתוח ראשון בכל דבר ולברך ראשון בסעודה:
9If a kohen's daughter becomes desecrated through adultery she desecrates her father; she shall be burned in fire. טוּבַת אִישׁ כֹּהֵן כִּי תֵחֵל לִזְנוֹת אֶת אָבִיהָ הִיא מְחַלֶּלֶת בָּאֵשׁ תִּשָּׂרֵף:
If [a kohen’s daughter] becomes desecrated through adultery: Heb. כִּי תֵחֵל. [The word תֵּחֵל here, stems from the word חִלּוּל, desecration, and not from the word הַתְחָלָה, beginning, and thus, the phrase here means:] If she becomes desecrated (תִּתְחַלֵּל) through a forbidden union, whereby she had a marriage-bond to a man and she committed adultery-whether [this bond had been] a betrothal or a marriage. And our Rabbis differ with regards to the matter [i.e., as to which stage of marriage-bond is referred to here]. All agree, however, that Scripture did not speak of a single woman. — [Sanh. 50b-51a] כי תחל לזנות: כשתתחלל על ידי זנות, שהיתה בה זיקת בעל וזנתה או מן האירוסין או מן הנשואין. ורבותינו נחלקו בדבר, והכל מודים שלא דבר הכתוב בפנויה:
she desecrates her father: She has desecrated and degraded his honor, for [people] will say of him, “Cursed is he who fathered this one! Cursed is he who raised this one!” - [Sanh. 52a] את אביה היא מחללת: חללה ובזתה את כבודו, שאומרים עליו ארור שזו ילד, ארור שזו גדל:
10And the kohen who is elevated above his brothers, upon whose head the anointment oil has been poured or who has been inaugurated to wear the garments he shall not leave his hair unshorn or rend his garments. יוְהַכֹּהֵן הַגָּדוֹל מֵאֶחָיו אֲשֶׁר יוּצַק עַל רֹאשׁוֹ | שֶׁמֶן הַמִּשְׁחָה וּמִלֵּא אֶת יָדוֹ לִלְבּשׁ אֶת הַבְּגָדִים אֶת רֹאשׁוֹ לֹא יִפְרָע וּבְגָדָיו לֹא יִפְרֹם:
he shall not leave his hair unshorn: Heb. לֹא יִפְרָע. He shall not leave his hair unshorn as a gesture of mourning. — [Torath Kohanim 21:27] Now what is considered “leaving one’s hair unshorn?” More than thirty days. — [Sanh. 22b] לא יפרע: לא יגדל פרע על אבל. ואיזהו גידול פרע, יותר משלשים יום:
11And he shall not come upon any dead bodies; he shall not defile himself for his father or his mother. יאוְעַל כָּל נַפְשֹׁת מֵת לֹא יָבֹא לְאָבִיו וּלְאִמּוֹ לֹא יִטַּמָּא:
And [he shall not come] upon any dead bodies: [i.e., he shall not enter] the tent [or house, etc., wherein] the dead person [lies]. — [Torath Kohanim 21:28] ועל כל נפשת מת וגו': באהל המת:
dead bodies: [This comes] to include [the law that] revi’ith [a “quarter” of a log] of blood [issued] from a dead person, defiles [anything found] in the tent. — [Sanh. 4a] נפשת מת: להביא רביעית דם מן המת שמטמא באהל:
he shall not defile himself for his father or his mother: [Since the Kohen Gadol, unlike the ordinary kohen (see verse 2 above), is forbidden to defile himself for any dead body, even for his parents, this seemingly superfluous statement here comes only] to permit him [to defile himself] for a מֵת מִצְוָה, a dead person for whom there is no one to attend to [his burial]. — [Torath Kohanim 21:28; Nazir 48a] לאביו ולאמו לא יטמא: לא בא אלא להתיר לו מת מצוה:
12He shall not leave the Sanctuary, and he will not desecrate the holy things of his God, for the crown of his God's anointing oil is upon him. I am the Lord. יבוּמִן הַמִּקְדָּשׁ לֹא יֵצֵא וְלֹא יְחַלֵּל אֵת מִקְדַּשׁ אֱלֹהָיו כִּי נֵזֶר שֶׁמֶן מִשְׁחַת אֱלֹהָיו עָלָיו אֲנִי יְהֹוָה:
He shall not leave the Sanctuary: He shall not [leave the precincts of the Sanctuary to] follow the funeral procession [even of a relative]. — [Sanh. 18a] Furthermore, from here, our Rabbis learned that a Kohen Gadol may offer up sacrifices [even] if he is an onen [i.e., if his close relative died on that day]. [The following, therefore], is its meaning [i.e., the meaning of the verse]: Even if his father or mother died, [the Kohen Gadol] need not leave the Sanctuary, but he may perform the service. — [Sanh.. 84a] ומן המקדש לא יצא: אינו הולך אחר המטה. ועוד מכאן למדו רבותינו שכהן גדול מקריב אונן, וכן משמעו, אף אם מתו אביו ואמו אינו צריך לצאת מן המקדש אלא עובד עבודה:
he will not desecrate the holy things: [meaning] that he does not thereby desecrate the Holy Service, for Scripture has permitted him [to perform the Holy Service under such circumstances]. However, an ordinary kohen who performs the Holy Service while being an onen, desecrates [it]. — [Sanh. 84a] ולא יחלל את מקדש: שאינו מחלל בכך את העבודה שהתיר לו הכתוב, הא כהן הדיוט שעבד אונן חלל:
13He shall marry a woman in her virgin state. יגוְהוּא אִשָּׁה בִבְתוּלֶיהָ יִקָּח:
14A widow, a divorcee, a woman who is desecrated or a prostitute he shall not marry [any] of these. Only a virgin of his people may he take as a wife. ידאַלְמָנָה וּגְרוּשָׁה וַחֲלָלָה זֹנָה אֶת אֵלֶּה לֹא יִקָּח כִּי אִם בְּתוּלָה מֵעַמָּיו יִקַּח אִשָּׁה:
a woman who is desecrated: [The terms וַחֲלָלָה זֹנָה are not to be connected to mean a חֲלָלָה who is a זֹנָה, but rather, they should be read as two separate items, וַחֲלָלָה and then זֹנָה Thus, חֲלָלָה here refers to a woman] who was born from those unfit for the kehunah. — [see Rashi verse 7 above; Torath Kohanim 21: 34] וחללה: שנולדה מפסולי כהונה:
15And he shall not desecrate his offspring among his people, for I am the Lord, Who sanctifies him. טווְלֹא יְחַלֵּל זַרְעוֹ בְּעַמָּיו כִּי אֲנִי יְהֹוָה מְקַדְּשׁוֹ:
And he shall not desecrate his offspring: But, if he does marry one of those [women listed in the verse as] being unfit [to marry a Kohen Gadol], his offspring from that woman are desecrated from the holiness of the kehunah [and are permitted to defile themselves for the dead, and they may marry a widow or a divorcee]. — [Nachalath Yaakov; Torath Kohanim 21:34] ולא יחלל זרעו: הא אם נשא אחת מן הפסולות, זרעו הימנה חלל מדין קדושת כהונה:
Daily Tehillim: Psalms Chapters 72 - 76
• Chapter 72
David composed this psalm for Solomon, praying that he be granted the wisdom to provide justice for the poor.
1. For Solomon. O God, impart Your justice to the king, and Your righteousness to the son of the king.
2. May he judge Your people with righteousness, Your poor with justice.
3. May the mountains bear peace to the nation, also the hills, in [reward for their] righteousness.
4. May he judge the nation's poor, save the children of the destitute, and crush the oppressor,
5. so that they will fear You as long as the sun [shines] and the moon endures, generation after generation.
6. May [his words] descend like rain upon cut grass, like raindrops that water the earth.
7. In his days may the righteous flourish, with much peace until the moon is no more.
8. And may he rule from sea to sea, and from the river until the ends of the earth.
9. May nobles kneel before him, and may his enemies lick the dust.
10. The kings of Tarshish and the islands will return tribute, the kings of Sheba and Seba will offer gifts.
11. All kings will bow to him, all nations will serve him;
12. for he rescues the needy one who cries out, the poor one who has no one to help him.
13. He pities the impoverished and needy, and saves the souls of the destitute.
14. He redeems their soul from deception and violence, and their blood is precious in his eyes.
15. He revives [the poor], and gives him of the gold of Sheba; and so [the poor] pray for him always, and bless him all day.
16. May there be abundant grain in the land, upon the mountaintops; may its fruit rustle like the [cedars of] Lebanon, and may [people] blossom from the city like the grass of the earth.
17. May his name endure forever; may his name be magnified as long as the sun [shines]. And all nations will bless themselves by him, they will praise him.
18. Blessed is the Lord God, the God of Israel, Who alone performs wonders.
19. Blessed is His glorious Name forever, and may the whole earth be filled with His glory, Amen and Amen.
20. The prayers of David, son of Jesse, are concluded
1
Chapter 73
This psalm addresses the question of why the righteous suffer while the wicked prosper, and prays for an end to our long exile. Read, and you will find repose for your soul.
1. A psalm by Asaph. Truly God is good to Israel, to the pure of heart.
2. But as for me, my feet nearly strayed; in an instant my steps would have been swept aside.
3. For I envied the revelers when I saw the tranquility of the wicked.
4. For there are no bonds1 to their death, and their health is sound.
5. They have no part in the toil of men, nor are they afflicted like other mortals;
6. therefore they wear pride as a necklace; their bodies are enwrapped in violence.
7. Their eyes bulge from fat; they surpassed the fantasies of their heart.
8. They consume [others], and talk wickedly of oppression-from on high do they speak.
9. They set their mouths against Heaven, while their tongues walk upon the earth.
10. Therefore His people return here,2 and suck the full [cup of bitter] waters.
11. And they say, "How can it be that God knows? Is there knowledge in the Most High?”
12. Behold these are the wicked, and they are ever tranquil, they have gained much wealth.
13. Surely in vain have I purified my heart, and washed my hands in cleanliness;
14. for I was afflicted all day, and my rebuke came each morning.
15. Were I to say, "I shall tell it like it is," behold I would turn the generation of Your children to rebels.
16. And when I pondered to understand this, it was unjust in my eyes;
17. until I came to the sanctuaries of God, and perceived their end.
18. Only on slippery places do You set them, You cast them into darkness.
19. How they have become desolate in an instant! They came to an end, they were consumed by terrors,
20. like a dream upon awakening. O my Lord, disgrace their image in the city.
21. When my heart was in ferment, and my mind was sharpened,
22. I was a boor and did not understand, like an animal was I with You.
23. Yet I was always with You; You held my right hand.
24. Guide me with Your counsel, and afterward, receive me with honor.
25. Whom do I have in heaven [besides You]? And when I am with You I desire nothing on earth.
26. My flesh and my heart yearn; God is the rock of my heart and my portion forever.
27. For behold, all those who are far from You perish, You cut down all who stray from You.
28. But as for me, the nearness of God is my good; I have put my trust in my Lord, God, that I may recount all Your works.
Chapter 74
The psalmist mourns and weeps over all the synagogues and study halls that have been burned: the Philistines destroyed the Tabernacle of Shiloh; Nebuchadnezzar destroyed the first Temple. We have been in exile for so long, without seeing any signs of redemption! When will the redemption come? Read, and you will find lamentation and consolation.
1. A maskil1 by Asaph. Why, O God, have You abandoned us forever, does Your wrath fume against the sheep of Your pasture?
2. Remember Your congregation which You acquired long ago, the tribe of Your inheritance whom You redeemed [and brought to] Mount Zion, where You rested Your Presence.
3. Lift Your steps to inflict eternal ruin, because of all the evil done by the enemy in the Sanctuary.
4. Your foes roared in the midst of Your meeting place; they considered their omens to be [genuine] signs.
5. The axes in the thicket of trees2 were reckoned as bringing [an offering] to the Above.
6. And now, all her ornaments together are smashed by hammer and hatchet.
7. They set Your Sanctuary on fire; they desecrated the Abode of Your Name to the ground.
8. Their rulers thought together in their hearts; they burned all the meeting places of God in the land.
9. We have not seen our signs; there is no longer a prophet, and there is none among us who knows how long.
10. How long, O God, will the adversary disgrace, will the enemy blaspheme Your Name forever!
11. Why do You withdraw Your hand, even Your right hand? Cast it out from within Your bosom!
12. For God is my King from long ago, working salvations in the midst of the earth.
13. In Your might, You divided the sea; You shattered the heads of the sea-monsters on the waters.
14. You crushed the heads of the Leviathan,3 leaving him as food for the nation [wandering in] the wilderness.
15. You split [the rock, bringing forth] fountain and brook; You dried up mighty streams.
16. Yours is the day, the night is also Yours; You established the moon and the sun.
17. You set all the boundaries of the earth; summer and winter-You created them.
18. Remember this, how the enemy reviled the Lord, and the vile nation blasphemed Your Name.
19. Do not give the soul of Your turtledove to the wild beast; do not forget the life of Your poor forever.
20. Look to the covenant, for the dark places of the earth are filled with dens of violence.
21. Do not turn back the oppressed in disgrace; [then] the poor and needy will praise Your Name.
22. Arise, O God, champion Your cause; remember Your insults from the perverse all day long.
23. Forget not the voice of Your adversaries; the tumult of Your opponents ascends always.
Chapter 75
How great is Israel! During their holidays they do not engage in frivolity, but in song and praise, and the study of the holiday's laws. Also, when they proclaimed (at the giving of the Torah), "We will do and we will hear!" they allowed the world to remain in existence. This psalm also admonishes those who indulge in worldly pleasures and attribute their prosperity to their own efforts.
1. For the Conductor, a plea not to be destroyed. A psalm by Asaph, a song.
2. We gave thanks to You, O God, we gave thanks; and Your Name was near [when] they1 told of Your wonders.
3. When I choose the appointed time, I will judge with fairness.
4. When the earth and all its inhabitants were melting, I established its pillars forever.
5. I said to the perverse, "Do not pervert [Israel]," and to the wicked, "Do not raise your pride.”
6. Do not raise your pride heavenward, nor speak with an arrogant neck
7. For not from the east or the west, nor from the desert does greatness come.
8. For God is Judge; He humbles one, and elevates the other.
9. For there is a cup [of punishment] in the hand of the Lord, with strong wine of full mixture; He pours from this, and all the wicked of the earth will drink, draining even its dregs.
10. But as for me, I will tell of it forever; I will sing to the God of Jacob.
11. I will cut off all glory of the wicked, but the glory of the righteous will be raised up.
Chapter 76
This psalm contains the prophecy of when the vast army of Sennacherib was seized with a deep slumber that rendered the hands of the soldiers powerless to raise their weapons; thus did they all fall in battle.
1. For the Conductor, with instrumental music, a psalm by Asaph, a song.
2. God is known in Judah, His Name is great in Israel.
3. His Tabernacle was in Shalem,1 and His dwelling place in Zion.
4. There He broke the flying arrows of the bow, the shield, the sword and battle-forever.
5. You are illumination, mightier than the mountains of prey.
6. The stout-hearted were without sense, they slept their sleep, and all the warriors were unable to find their strength.
7. At Your rebuke, O God of Jacob, chariot and horse were stunned.
8. You, awesome are You! Who can stand before You once You are enraged.
9. From heaven You let the verdict be heard; the earth feared and was still,
10. when God rose to pass judgement, to save all the humble of the earth forever.
11. The anger of man will cause us to thank You;2 You will restrain the residue of wrath.
12. Make vows to the Lord your God and fulfill them; all who surround Him will bring tribute to the Awesome One.
13. He cuts down the spirit of nobles; He is awesome to the kings of the earth.
Tanya: Likutei Amarim, beginning of Chapter 48• Lessons in Tanya
• Sunday, Iyar 14, 5775 · May 3, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 48
Having previously explained that G‑d showed his love for the Jewish people by taking them out of the physical servitude of Egypt, the Alter Rebbe concluded ch. 47 by describing the love G‑d shows His people by releasing them from a spiritual dimension of Egyptian bondage. This spiritual Exodus is daily manifest within all Jewish souls. It is natural, therefore, that Jews should reciprocate with love — like the water that mirrors the face of the beholder — and thereby strive to overcome all obstacles that hinder their service of G‑d.
והנה, כאשר יתבונן המשכיל בגדולת אין סוף ברוך הוא, כי כשמו כן הוא: אין סוף ואין קץ ותכלית כלל לאור וחיות המתפשט ממנו יתברך ברצונו הפשוט
Contemplating the greatness of the blessed Ein Sof, the thinking person [will come to the realization] that as His Name indicates, so is He — there is no end or limit or finitude at all to the light and vitality that diffuse from His simple Will (“simple” in the sense that it has no cause, nor is it subject to the limitations inherent in mortal will),
ומיוחד במהותו ועצמותו יתברך בתכלית היחוד
and which is united with His essence and being in perfect unity.
The light and vitality that emanate from G‑d in order that He create and animate finite Worlds, are in no way similar to light and vitality as they are found within created beings.
Light that emanates from a created being is not limited by the capacity of the recipient; on the other hand, the luminary has no control over its power of illumination: having been created as a luminary it has no choice but to illumine. Divine light, however, while possessing all the positive qualities of illumination as found in created luminaries, shares none of its deficiencies: light emanates from the Luminary only when the Luminary desires that it do so.
The will of created beings likewise has strengths and weaknesses. Though it chooses freely, it is by its very nature limited and restrictive. G‑d’s Will, by contrast, while maintaining the positive attributes of mortal will, is encumbered by none of its limitations; His Will (to illumine, for example) is unbounded, just as He Himself is without limitation.
Being infinite, G‑d’s light cannot give rise to created and finite beings — unless it first undergoes the series of self-limiting, self-concealing contractions known as tzimtzumim, as is now stated.
ואילו היתה השתלשלות העולמות מאור אין סוף ברוך הוא בלי צמצומים, רק כסדר המדרגות ממדרגה למדרגה בדרך עלה ועלול
Had the worlds descended from the light of the blessed Ein Sof without “contractions”, but according to a gradual descent from grade to grade by means of cause and effect, the loftier level being the direct cause for the manifestation of the level immediately following it, —
Such is the case with regard to thought and speech. That which a person speaks is first found within his thought; thought is the cause and speech is the effect. Though thought is more spiritual than speech, the two levels stand in a certain proportion to each other, in that (for example) both are composed of letters that form words. And so with every cause-and-effect relationship, the effect must partake of the characteristics of its cause; it would be impossible for a “cause” to bring into existence an “effect” which is infinitely removed from it.
Since the light and vitality — the creative power — that emanates from G‑d is infinite while created beings are finite, it goes without saying that they could not possibly have come into being in a manner of cause and effect. For if this were the case,
לא היה העולם הזה נברא כלל כמו שהוא עתה בבחינת גבול ותכלית: מהארץ לרקיע מהלך ת״ק שנה
this world and all it contains would not have been created in its present form, in a finite and limited order, [for,]1 “From the earth to the firmament is a distance of five hundred years,” five hundred years‘ journey being a finite dimension,
וכן בין כל רקיע לרקיע, וכן עובי כל רקיע ורקיע
and similarly [limited is] the distance between one firmament and the next, and so also the radial extent of each firmament is a distance of five hundred years.And all the above applies to this world.
ואפילו עולם הבא וגן עדן העליון, מדור נשמות הצדיקים הגדולים, והנשמות עצמן, ואין צריך לומר המלאכים, הן בבחינת גבול ותכלית
Even the World to Come and the higher level of Gan Eden — the abode of the souls of the great tzaddikim — and the souls themselves, and needless to add, the angels, are all in the realm of bounds and limitation,
The Rebbe notes: Although it was indicated early in ch. 39 that souls delight in G‑d and derive pleasure from and comprehend the [infinite] Ein Sof-light, this poses no difficulty:
כי יש גבול להשגתן באור אין סוף ברוך הוא, המאיר עליהן בהתלבשות חב״ד כו׳
for there is a limit to their apprehension of the light of the blessed Ein Sof,which shines upon them through being clothed in ChaBaD, and so on,
Souls and angels, which people these worlds, comprehend G‑d liness as a result of its vestiture in the ChaBaD of those worlds. Though lofty, their comprehension is nonetheless limited.
ולכן יש גבול להנאתן שנהנין מזיו השכינה, ומתענגין באור ה׳
hence, there is also a boundary to the enjoyment that they derive from the rays of the Shechinah, and to their pleasure in the light of G‑d;
כי אין יכולין לקבל הנאה ותענוג בבחינת אין סוף ממש, שלא יתבטלו ממציאותן ויחזרו למקורן
for they are incapable of deriving enjoyment and delight of an infinite order, without being nullified out of their existence and returning to their source.
Thus, even the creatures of the highest spiritual worlds are finite beings, and in order for them to be created in a finite manner the process of “contraction” must be invoked. Being finite, they are totally dissimilar to their source — the infinite G‑dly light that exists prior to “contraction”.
| FOOTNOTES | |
| 1. | Chagigah 13a. |
• Sefer Hamitzvos:
Sunday, Iyar 14, 5775 · May 3, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 149
A Non-Priest Partaking of the Holiest Sacrifices
"But a stranger shall not eat of them because they are holy"—Exodus 29:33.
A non-priest may not eat of the "Holy of Holies" sacrifices (e.g., the flesh of the Sin Offering).
A Non-Priest Partaking of the Holiest Sacrifices
Negative Commandment 149
Translated by Berel Bell
And the 149th prohibition is that a non-kohen is forbidden from eating kodshei kadashim.
The source of this prohibition is G‑d's statement,1 "A non-kohen may not eat [kodshei kadashim], because they are holy."
The punishment of lashes is given only when the eating takes place in the Temple courtyard, and after the blood has been sprinkled [on the altar].2
FOOTNOTES
1.Ex. 29:33.
2.I.e. under conditions which would make it permissible for a kohen to consume the sacrifice.
Positive Commandment 132
Declaration of the First Fruits
"And you shall call out and say before G‑d, your G‑d: 'An Aramean [sought to] destroy my father..."—Deuteronomy 26:5.
When bringing the First Fruit to the Holy Temple, the owner is commanded to speak of G‑d's kindness towards us and express gratitude to G‑d for saving us ever since the times of Jacob, and rescuing us from the slavery and the tormenting of the Egyptians. The owner then beseeches G‑d to continue showering blessing upon us.
Women are not obligated to make this declaration.
Declaration of the First Fruits
Positive Commandment 132
Translated by Berel Bell
The 132nd mitzvah is that we are commanded that when bringing bikkurim, one must make a proclamation of the kindness G‑d has bestowed upon us: how He saved us from the early difficulties of our patriarch Ya'akov and from the slavery and affliction of the Egyptians; to thank Him for all this and to ask that He continue His blessings forever.
The source of this commandment is G‑d's statement,1 "You shall then make the following declaration before G‑d your L‑rd: 'An Aramean tried to destroy my ancestor....' " until the end of the entire section. This mitzvah is called mikra bikkurim.
The details of this mitzvah are explained in tractate Bikkurim and the 7th chapter of Sotah. Women are not obligated in this mitzvah.
FOOTNOTES
1.Deut. 26:5.
Eruvin - Chapter Two
Halacha 1
When all the inhabitants of a courtyard, with one exception, have established aneruv, this individual [causes carrying] to be forbidden.1 [This rule applies regardless of whether the person failed to join the eruv] because of a willful decision2 or because of an oversight. [In such a situation,] it is forbidden for all the inhabitants to transfer articles from their homes to the courtyard or from the courtyard to their homes.
Should the person who did not join in the eruv subordinate3 the ownership of merely [his share] of the courtyard [to the others],4 they are permitted to carry from their homes to the courtyard and from the courtyard to their homes.5[They may not,] however, carry to the home [of this individual].
If he subordinates the ownership of his house and [of his share] of the courtyard [to the others], they are all permitted to carry. The others are permitted, because he subordinated the ownership of his house and [of his share] of the courtyard to them. He is also permitted to carry, because he no longer owns a domain. Therefore, he is considered to be [the others'] guest, and the presence of a guest does not [cause carrying] to be forbidden [in a courtyard].6
Halacha 2
When a person subordinates the ownership of his property without specifying his intent, it is presumed that he has subordinated the ownership [of his share] of the courtyard, but not the ownership of his house. When a person subordinates the ownership of his domain, he must make an explicit statement to that effect to every inhabitant of the courtyard, saying, "My domain is subordinated to you, and to you, and to you."7
An heir may subordinate the ownership of a domain. Even when the testator dies on the Sabbath itself, the heir is empowered to act in place of the testator in all matters.8
Ab initio, it is permitted to subordinate the ownership of one's domain on the Sabbath itself.9
Halacha 3
[If, conversely,] those who joined in the eruv subordinate the ownership of their domain to the person who did not join, he is permitted [to carry] - for he remains the sole [owner of property] - but they are forbidden to carry, for they no longer own property. We do not say that they are considered to be his guests, because many people cannot become the guests of a single individual.10
Halacha 4
[The following rules apply when] there are two or more individuals who do not participate in the eruv: If they subordinate the ownership of their domain to those who participated in the eruv, those who participated in the eruv are permitted [to carry], and those who did not participate are not permitted [to carry].11 Those who participated in the eruv are not able to subordinate the ownership of their domain to the two who did not participate, because each of them causes the other to be forbidden to carry.12
Even if one of those who did not participate subordinates the ownership of his domain to the other person who did not participate, they are still forbidden to carry, since at the time when the others subordinated the ownership of their domain to him, he was forbidden to carry.
[When there are only two people sharing a courtyard,] and one makes an eruv, he may not subordinate the ownership of his domain to the other person who did not join in the eruv. Conversely, however, the person who did not join in theeruv can subordinate the ownership of his domain to the person who made theeruv.13
Halacha 5
Just as one homeowner can subordinate the ownership of his domain to another homeowner in a single courtyard, so too, [the inhabitants of] one courtyard can subordinate the ownership of their domain to [the inhabitants of] another courtyard.14
[After a person has subordinated his domain,] the recipient can, in turn, subordinate it [to its original owner]. What is implied? If two people are living together in a courtyard, and neither has made an eruv, the first may subordinate the ownership of his domain to his colleague, thus allowing the second colleague to carry within the domain that the first subordinated to him until he completes what he must do. Afterwards, the second colleague may subordinate ownership of the domain to the first. Indeed, this exchange may take place several times [on one Sabbath].
One may subordinate one's ownership of a ruin in the same manner in which one subordinates one's ownership of a courtyard.15
Halacha 6
[The following rules apply when] a person who subordinated the ownership of his domain transfers an article to or from the domain that he subordinated: If he willingly transfers the article, his act causes the others to be forbidden [to carry],16 for he did not maintain his commitment.17 If he transfers the article unknowingly, he does not cause the others to be forbidden [to carry], for he maintained his commitment.
When does the above apply? When the others did not make use of the privilege granted them first. If, however, the others made use of the privilege granted them first,18 his act does not cause the others to be forbidden [to carry],19regardless of whether he transferred the article willingly or unknowingly.
7 When there are two houses on opposite sides of a public domain, and gentiles have surrounded [the area] with a partition on the Sabbath,20 the owners of the homes may not subordinate the ownership of their domain to each other, because it was impossible to establish an eruv before [the commencement of] the Sabbath.21
[The following rules apply when] one of the inhabitants of the courtyard dies and his estate is left to someone living elsewhere: If [the owner] died before the commencement of the Sabbath, since the heir is not an inhabitant of the courtyard, he causes carrying to be forbidden.22 If [the owner] dies after the commencement of the Sabbath, [the presence of] the heir who is not an inhabitant of the courtyard does not cause carrying to be forbidden.23
[The following rules apply when] a person who lives outside the courtyard,24[but who owns a house within the courtyard] dies and leaves his domain to one of the inhabitants of the courtyard: If [the owner] died before the commencement of the Sabbath, carrying is not forbidden, because all [the inhabitants of the courtyard] participate in the eruv.25 If [the owner] dies after the commencement of the Sabbath, carrying is forbidden26 until [the heir] subordinates the ownership of the domain that he inherited to the others.
Halacha 8
[The following rule applies when] a Jew and an [heirless] convert27 are dwelling in a cave, and the convert dies before the commencement of the Sabbath:28 If another Jew takes possession of the convert's property29 - even if he does not take possession before nightfall - the person who takes possession causes carrying to be forbidden until he subordinates [the property of which he took possession], for he is considered to be an heir.30
If the convert dies after nightfall, even if another Jew takes possession of his property, he does not cause carrying to be forbidden. Instead, the license initially granted continues.31
Halacha 9
When a Jew dwells together with a gentile or a resident alien32 in a courtyard, the presence of the non-Jew does not cause carrying to be forbidden, for [in a halachic sense] a dwelling of a non-Jew is insignificant. His presence is like the presence of animal.
When, however, two Jews share a courtyard with a gentile, his presence causes carrying to be forbidden.33 This is a decree so that they do not dwell together with a gentile, lest they emulate his conduct. Why was such a decree not issued regarding a single Jew and a single gentile? Because this is very uncommon,34 for the Jew will fear that the gentile will [find an opportunity] to be alone together [with him] and kill him. The Sages previously forbade being alone with a gentile.35
Halacha 10
When two Jews and a gentile live in [separate] homes in a single courtyard, and the Jews establish an eruv, their actions are of no consequence. Similarly, if they subordinate the ownership of their domain to the gentile, he subordinates the ownership of his domain to them, or one of the Jews subordinates the ownership of his domain to the other so that they are as a single aggregate [living together] with the gentile, their deeds are of no consequence.
For an eruv may not be established where a gentile is present, nor is the subordination of one's domain effective when a gentile is present. There is no alternative other than renting36 the gentile's domain,37 so that he becomes [the Jews'] guest, as it were. Similarly, if many gentiles are present,38 they must rent their domains to the Jews, and afterwards the Jews establish an eruv.39 [Only then] may they carry.
When one Jew rents a gentile's domain, he may then establish an eruv with the other Jews,40 allowing them all to carry. It is not necessary for every individual to enter into a [separate] rental agreement with the gentile.
Halacha 11
[The following rule applies when] there are two courtyards, one leading to the other: If a Jew and a gentile live in the inner courtyard and another Jew lives in the outer courtyard, or a Jew and a gentile live in the outer courtyard and another Jew lives in the inner courtyard, [the gentile's presence] causes carrying to be forbidden in the outer courtyard until [the Jews] rent his domain,41 since it is used by two Jews and a gentile.42 [The Jew who lives] in the inner courtyard, by contrast, may carry in the inner courtyard.43
Halacha 12
We may enter into a rental agreement with a gentile [for this purpose] on the Sabbath itself.44 For this rental arrangement is comparable to the subordination of a domain; [i.e.,] it is done to make a distinction and not as a [hard and fast] rental agreement. For this same reason, one may rent the gentile's domain for less than the value of a prutah.45
A gentile's wife can rent out [his domain] without his knowledge.46 Similarly, [the gentile's] hired workers or his servants can rent out [his domain] without his knowledge. [This applies even when these] hired workers or servants are Jewish.
If a person asked a gentile permission to use a place in the gentile's domain to store some of his possessions, and the gentile agreed, he is considered as being a partner in the gentile's domain. Accordingly, he may rent out [the gentile's domain on his behalf] without his knowledge.47 If a gentile has many workers, servants, or wives, it is sufficient if one rents out his domain from one of them.
Halacha 13
When two Jews and a gentile are living in the same courtyard, and [only] one of the Jews rented the gentile's domain on the Sabbath, he may subordinate the ownership of his domain to the other.48 [This causes carrying] to be permitted.49 Similarly, if the gentile dies on the Sabbath, one Jew may subordinate the ownership of his domain to the other, and thus cause carrying to be permitted.
Halacha 14
[The following rule applies when] one gentile rents his property to another:50 If it is impossible for the owner to evict the second gentile until the conclusion of his rental contract, we must rent [the domain] from the second gentile,51 for he takes the place of the owner.
When, in contrast, the owner can evict the renter whenever he desires - if the renter is not present,52 the Jews are permitted to carry if they rent the property from its original owner.
Halacha 15
[The following rules apply when] there are several Jews and a gentile living in the same courtyard, and there are windows leading from one Jew's house to another Jew's house. If they have established an eruv via the windows, and thus they are permitted to transfer articles from house to house via the windows, the gentile's presence causes them to be forbidden to transfer articles via the entrances unless they rent from him. For whenever a gentile is present, we do not consider a group of people who joined together through an eruv as a single individual.53
Halacha 16
When a Jew desecrates the Sabbath publicly or worships false gods, he is considered as a gentile regarding all things.54 We may not include him in aneruv, nor may he subordinate the ownership of his domain. Rather, we must rent his domain55 as [we rent the domain of] a gentile.56
[Different rules apply with regard] to a non-believer, one who does not worship false gods or desecrate the Sabbath - e.g., the Sadducees, the Boethusists, and all those who deny the Oral Law.57 The general principle is that whoever does not acknowledge the mitzvah of an eruv may not participate in one, for he denies [its basis]. Nor may we rent his property, for he is not considered to be a gentile. The alternative is for him to subordinate the ownership of his domain to a Jew whose conduct is acceptable.
Similarly, if a Jew whose conduct is acceptable lives together with this Sadducee in a courtyard, the presence of the Sadducee causes carrying to be forbidden [in the courtyard] unless he subordinates the ownership of his domain to his colleague.
| FOOTNOTES | |
| 1. |
Rather than consider a courtyard as being divided into small portions belonging to each of the homeowners, we consider the entire courtyard to be the joint property of all the inhabitants. Therefore, if one of them does not participate in the eruv, it is forbidden to carry within the courtyard as a whole.
It must be emphasized that this halachah and those that follow apply only in a situation where the person establishing the eruv did not grant all other inhabitants in the city, lane, or courtyard a share, as stated in Chapter 1, Halachah 20. Today, this granting of a share is standard practice, and so it is unlikely that such situations would arise.
|
| 2. |
Eruvin 6:3, the source for this halachah, mentions only an accidental oversight. The consensus is that according to the development of the concept in the Gemara, the same rules apply regarding a willful decision.
|
| 3. |
The subordination (ביטול in Hebrew) of the ownership of one's domain is a halachic institution devised by our Sages for situations of this nature. It gives the others the formal rights of ownership. After the person has subordinated his ownership, there no longer exists a person with a share in the courtyard who is not participating in the eruv.
|
| 4. |
Rashi and Rabbenu Asher (Eruvin 79b) maintain that in addition to subordinating the ownership of his share in the courtyard, the person who did not participate in the eruv must lock the door of his home so that he will not be tempted to transgress and take articles out. He may open the door to leave, but must lock it immediately thereafter.
Rav Yosef Karo mentions this view in the Kessef Mishneh and in the Shulchan Aruch (Orach Chayim 380:1). Shulchan Aruch HaRav 380:2 states that one may rely on the Rambam's ruling.
|
| 5. |
Similarly, they may carry within the courtyard itself. The person who did not participate in the eruvmay also carry within the courtyard and to and from the homes of the others, because he is considered as a guest (Shulchan Aruch, Orach Chayim 380:1).
|
| 6. |
Since the guest does not own a share of the domain, his participation or lack of participation in theeruv is of no consequence.
|
| 7. |
The Turei Zahav 380:1 explains that the Rambam's intent is that if he merely said "I subordinate my domain to all of you," one might interpret his intent as "to most of you." Therefore, it is necessary to be more specific.
Rashi (Eruvin 26b) differs and maintains that it is sufficient for the person to say, "I subordinate my domain to all of you," without explicitly mentioning each person. The Shulchan Aruch (Orach Chayim 380:1) mentions both opinions. Shulchan Aruch HaRav 380:1 and the Mishnah Berurah380:5 state that one may rely on the more lenient view.
|
| 8. |
Although the heir would not have been able to subordinate the domain before the Sabbath began, should he consent to do so on the Sabbath itself, the eruv is acceptable. (See also Halachah 7.)
|
| 9. |
This ruling is the subject of a debate between the School of Shammai and the School of Hillel (Eruvin 6:4). The School of Shammai maintains that subordinating one's domain is comparable to a transfer of property, and therefore requires that it be performed before the commencement of the Sabbath. The School of Hillel differs, explaining that it is considered to be merely the removal of one's authority, and hence may be performed on the Sabbath itself (Eruvin 71a).
|
| 10. |
Needless to say, should one have actual guests, the fact that many guests stay in one home does not affect whether or not one is allowed to carry. When, however, we are speaking about guests merely in the halachic sense of the word, many persons are not considered the guests of one individual (Mishnah Berurah 380:18).
|
| 11. |
Since they did not participate in the eruv, they may not benefit from it. Nor can they be considered to be guests, for the halachic conception of a guest does not apply when more than one individual is involved.
|
| 12. |
There will still be two individuals who have a share in the courtyard and are not partners in theeruv. Hence, carrying in the courtyard is forbidden.
|
| 13. |
Note the Ra'avad, who questions why the Rambam does not explain, as does Eruvin 70a, the source for this halachah, that this refers to an instance when a courtyard was shared by three people, two made an eruv, but not the third. On the Sabbath, one of the two who participated in theeruv died, and one of the two remaining desired to subordinate the ownership of his domain to his colleague.
|
| 14. |
If two adjoining courtyards open up to each other and both open up to the public domain, it is forbidden to carry from one to the other unless an eruv is made. Nevertheless, even if an eruvwas not made, the inhabitants of one courtyard (A) may allow the inhabitants of the other (B) to carry within courtyard (A) by subordinating their ownership of their domain. In such an instance, the inhabitants of courtyard (A) may not carry within their domain.
These principles also apply when one courtyard leads to another, which ends in a cul-de-sac. (See the Maggid Mishneh and Shulchan Aruch, Orach Chayim 381:2.)
|
| 15. |
The Maggid Mishneh and the Shulchan Aruch (Orach Chayim 381:3) explain that this refers to a situation in which a ruin lies between two houses. If an eruv is not made, the two can carry in the area of the ruin by subordinating their rights to each other.
|
| 16. |
The Magen Avraham 381:1 states that when the person subordinates the ownership of his share of the courtyard, but not his house, this restriction applies only when the person takes an article from his house to the courtyard. If he takes an article from the courtyard to his house - although he is forbidden to do so - his act does not nullify his subordination of the ownership of his property. The rationale is that since he no longer has a share in the courtyard, it can be understood that he desired to remove his property from there. Shulchan Aruch HaRav 381:1 accepts the Magen Avraham's ruling, while the Mishnah Berurah 381:3 does not.
|
| 17. |
It appears that the Rambam's intent is that by carrying, he makes it obvious that he no longer abides by his commitment to subordinate the ownership of his property. (See Shulchan Aruch HaRav, loc. cit., which states that the reason why the others are prohibited to carry is that the person's act shows that his commitment was not genuine at the outset.)
|
| 18. |
Rashi (Eruvin 61b) states that this rule applies when, after the commencement of the Sabbath, the inhabitants of the courtyard make use of the domain that was subordinated. The Tur and others differ and maintain that even if they make use of the domain before the commencement of the Sabbath, it is acceptable. The Shulchan Aruch (Orach Chayim 381:1) mentions both views, but appears to favor the Tur. Shulchan Aruch HaRav (loc. cit.) and the Mishnah Berurah (381:6) state that Rashi's view should be followed. After the fact, however, Shulchan Aruch HaRav maintains that we may rely on the Tur's ruling.
|
| 19. |
Eruvin, loc. cit., states that Rabban Gamliel related the following incident: A Sadducee was living in the same lane as his family. One Sabbath, the Sadducee consented to subordinate the ownership of his domain. Rabban Gamliel's father told him to hurry and take some of their property out to the lane, so that the Sadducee would not be able to nullify his commitment.
|
| 20. |
As mentioned in Hilchot Shabbat 16:22, a partition erected on the Sabbath itself is considered valid and establishes an area as a private domain. Nevertheless, although according to the Torah one would be allowed to carry in this domain, it is forbidden by Rabbinic law to do so unless an eruv is established. That must be done before the commencement of the Sabbath.
|
| 21. |
Accordingly, since it was forbidden to carry within this area for a portion of the Sabbath, it remains forbidden for the entire Sabbath.
|
| 22. |
The Maggid Mishneh explains that this refers to a situation in which the original owner joined in aneruv for the Sabbath in question. If the heir lived outside the courtyard and did not participate in theeruv, he causes carrying to be forbidden, because at the commencement of the Sabbath the owner of this dwelling did not participate in the eruv.
The Maggid Mishneh also clarifies that, as reflected in Chapter 4, Halachot 1 and 6, this restriction applies only when the heir comes to dwell in the house for the Sabbath. He also notes that, as stated in Halachah 2, the heir may subordinate his ownership of the domain on the Sabbath. These rulings are quoted in the Shulchan Aruch (Orach Chayim 371:4).
|
| 23. |
Since it was permitted to carry for a portion of the Sabbath, it is permitted to carry for the entire Sabbath (Maggid Mishneh).
|
| 24. |
And therefore did not join in the eruv of the courtyard.
|
| 25. |
The heir's participation in the eruv for the sake of his own home is also effective regarding the home that he inherits.
|
| 26. |
For the dwelling inherited by the heir was not included in the eruv at the commencement of the Sabbath.
|
| 27. |
Upon the death of a convert who has not fathered any children born after his conversion, his property is ownerless and is acquired by the first Jew who takes possession of it (Hilchot Zechiyah UMatanah 1:6).
|
| 28. |
Both clauses of the halachah refer to a situation in which the original Jew and the convert had made an eruv previously.
|
| 29. |
If, however, the convert's dwelling remains ownerless, the other individual may carry on the Sabbath (Mishnah Berurah 271:27).
|
| 30. |
Since the dwelling was ownerless at the commencement of the Sabbath, there is room for the supposition that one should be allowed to carry throughout the Sabbath. Nevertheless, since it was fit for another person to take possession of it at the commencement of the Sabbath, our Sages considered it to be a separate domain (Shulchan Aruch HaRav 271:4; Mishnah Berurah271:28).
|
| 31. |
For, as stated above, once an eruv is considered effective at the beginning of the Sabbath, it remains effective throughout the Sabbath, unless the fence surrounding the domain is opened.
|
| 32. |
A gentile who accepts the observance of the seven universal laws commanded to Noah and his descendants (Hilchot Avodat Kochavim 10:6; Hilchot Melachim 8:10-11).
|
| 33. |
As reflected by Chapter 5, Halachah 16, this restriction applies only when the two Jews do not share a single dwelling themselves. It is only when they would require an eruv themselves that the presence of a gentile makes it forbidden to carry. (See Maggid Mishneh; Shulchan Aruch, Orach Chayim 382:1.)
|
| 34. |
And the Sages did not institute decrees governing uncommon situations.
|
| 35. |
See Hilchot Rotzeach UShemirat HaNefesh 12:7.
|
| 36. |
The Sages made renting the only alternative, because they knew that this would not be easily accepted by the gentiles. They hoped that the difficulty and inconvenience this would cause would prevent Jews from living together with gentiles.
|
| 37. |
The Rashba mentions, however, that if the gentile is renting property from a Jew, it is not necessary to rent the property back from him when establishing an eruv. On the contrary, it is considered an implicit condition of the rental agreement with the gentile that his ownership not prevent the Jews from establishing an eruv. This ruling is quoted by the Ramah (Orach Chayim382:1).
|
| 38. |
The laws applying to the establishment of an eruv in a city inhabited by Jews and gentiles are discussed in Chapter 5, Halachah 23.
|
| 39. |
The Be'ur Halachah 382 states that the Rambam's wording implies that the sequence is significant. First, the gentile's property must be rented, and then the eruv established. If the sequence is reversed, the eruv is not effective. Nevertheless, in conclusion, he writes that with regard to practice, an eruv is acceptable even if the order was reversed.
|
| 40. |
Sha'ar HaTziyun 382:31 emphasizes that it is not necessary for the individual to act as an agent for the rest of the Jews living in the courtyard. Even if he rents the gentile's property on his own initiative alone, it is sufficient.
|
| 41. |
When quoting this law, the Shulchan Aruch (Orach Chayim 382:17) mentions another instance when the same ruling applies: when the two Jews share the outer courtyard and the gentile lives in the inner courtyard alone. Since the gentile must pass through the outer courtyard, he is considered to have a share in it that must be rented.
|
| 42. |
Hence, it is necessary for the Jews to rent it, as reflected in the previous two halachot.
|
| 43. |
In this instance, either the Jew is living alone in the inner courtyard or he alone is sharing it with the gentile (in which case carrying would be permitted, as stated in Halachah 9).
|
| 44. |
Although making business agreements including rentals is normally forbidden on the Sabbath (Hilchot Shabbat 23:12).
|
| 45. |
Regarding business agreements among Jews, a monetary value worth less than a prutah is insignificant. From Eruvin 62a, it would appear that the rationale for this ruling is that regarding business agreements among gentiles, a monetary value worth less than a prutah is significant. (See Hilchot Melachim 9:9.)
The Rambam's wording, however, suggests a second rationale - that since the agreement is more of a Rabbinic requirement than a business arrangement, an agreement which does not comply entirely with contractual law is also acceptable. The Or Sameach explains that the concept stated by the Rambam is necessary. Otherwise, the rental agreement would not be strong enough to have bearing on halachic questions involving a Jew.
|
| 46. |
Based on Eruvin 80a, the Maggid Mishneh maintains that it is possible to rent the gentile's domain from his wife even though he himself refuses to agree to such an arrangement.
|
| 47. |
Eruvin 63b-64a mentions that a gentile once refused to rent out his property, and the Rabbis were able to secure permission to carry in the courtyard through such an arrangement.
|
| 48. |
Since neither had rented the gentile's property before the commencement of the Sabbath, it was impossible for them to establish an eruv (Halachah 9). As stated in Chapter 1, Halachah 21, aneruv must be established before the commencement of the Sabbath. Hence, in this instance, the only alternative is for one to subordinate the ownership of his domain to the other.
|
| 49. |
More specifically, the person to whom the domain was subordinated may carry. The person who himself subordinated the domain may not carry unless his colleague subordinates his domain to him, as stated in Halachah 5. Nevertheless, what is significant about this halachah is that it shows that although carrying was forbidden in the courtyard at the commencement of the Sabbath, it may be permitted later on.
|
| 50. |
This halachah is based on actual incident that occurred concerning Resh Lakish and his student, Rabbi Chanina, when they were on a journey (Eruvin 65b).
|
| 51. |
If, however, the original owner retains the right to store some of his goods on the property or use it in any way, we may rent it from him (Shulchan Aruch, Orach Chayim 382:18).
|
| 52. |
Even if the tenant is present, the property may be rented from the original owner (Mishnah Berurah 382:62).
|
| 53. |
I.e., since the Jews established an eruv via the windows, it is possible to suppose that all the Jews would be considered to be a single entity. This, in turn, would cause them to be allowed to carry, as stated in Halachah 9. Nevertheless, the Rabbis did not allow for this leniency.
|
| 54. |
See Hilchot Avodat Kochavim 2:4 and Hilchot Shabbat 30:15. As mentioned in Iggerot Moshe, Vol. III, Responsa 12, 21, and 22 (see also Be'ur Halachah 385), there are certain leniencies regarding the status of a person who publicly violates the Sabbath laws at present. Nevertheless, the overall attitude must still be one of stringency.
It must, however, be emphasized that the offspring of such Jews have a full portion in their Jewish heritage. Instead of shunning them, we must make every effort to draw them close to their spiritual roots. (See Hilchot Mamrim 3:3.)
|
| 55. |
Sefer HaKovetz and the Tzafenat Paneach state that, in contrast to a rental from a gentile, the rental fee must be equal at least to the value of a prutah. Nevertheless, the Rambam's wording does not indicate such a ruling.
|
| 56. |
At present, the eruvim established in most modern communities include many Jews whose conduct does not, as yet, reflect complete observance of the Sabbath laws. These eruvim are acceptable, because, as is explained at the conclusion of Chapter 5, they are established with the consent of the local government, which acts on behalf of all the inhabitants of the city and grants the Jewish community permission to establish an eruv.
|
| 57. |
See Hilchot Teshuvah 3:8 and the Rambam's Commentary on the Mishnah (Avot 1:3), which explain that Tzadok and Boethus were talented students of Antigonus of Socho. Disillusioned with their master's teachers, they started splinter groups with the intent of swaying the people from the observance of the mitzvot. When they saw the people's loyalty, they adopted a new tactic, claiming that only the Written Law was divine in origin; the Oral Law, they maintained, was a human invention.
|
Bikkurim - Chapter 3
Halacha 1
The first fruits are given to the men of the priestly watch1 [on duty at that time]. They divide them among themselves like the Temple sacrifices.2 We have already explained that [the first fruits] are called terumah.3 Therefore a non-priest who partakes of the first fruits anywhere4 is liable for death at the hand ofheaven,5 provided he partook of them after they entered the walls of Jerusalem.6
Halacha 2
If a portion [of the first fruits] were inside Jerusalem and a portion were outside,7 [a non-priest] is liable for death for the portion that is inside and it is considered as consecrated property in all contexts. The portion that is outside is considered as ordinary property in all contexts.
Halacha 3
When a priest partakes of the first fruits outside of Jerusalem after they have entered inside [the city's] walls, he is liable for lashes according to Scriptural Law, as [Deuteronomy 12:17] states: 'You may not eat within your gates...8 theterumah of your hand.' [The latter term] refers to the first fruits,9 as we explained in Hilchot Terumah.10
Similarly, if a priest partakes of them in Jerusalem before they are placed in the Temple courtyard,11 he is liable for lashes according to Scriptural Law, as if he partook of them outside ofJerusalem,12 because [the first fruits] must be placed down in the Temple Courtyard as [ibid. 26:10] states: 'And you shall place them before the altar of God your Lord.'
Halacha 4
Halacha 5
[The laws applying to] partaking of the first fruits are identical [to those applying] to partaking of terumah in all of their details. In addition, [the following stringencies apply with regard] to first fruits. They are forbidden to one in the acute state of one in mourning.15 They must be brought to [Jerusalem]. And a priest who is ritually pure who partook of the first fruits that were impure receives lashes like an Israelite who is ritually pure who partook of the second tithe that became impure.16 [These concepts] do not apply with regard toterumah.17
Halacha 6
What is the source which teaches that the first fruits are forbidden to an onein?18 With regard to these fruits, [Deuteronomy 26:11] states: 'And you shall rejoice in all the good.'19 Implied is that they have to be eaten in a state of happiness and not in a state of acute mourning. One who partakes of [these fruits] in a state of acute mourning is liable for stripes for rebellious conduct.20
Halacha 7
The first fruits must [be brought in] a container, as [ibid.:2] states: 'And you shall place them in a container.' The most preferable way of performing the mitzvah is to bring each type of fruit in a separate container. If one brings them [all] in one container, he has fulfilled his obligation. [Even in such an instance,] he should not bring them mixed together. Instead, he should bring the barley below,21 wheat on top of it, olives on top of it, dates on top of them, pomegranates on top of them, and figs on the top of the container. There should be a substance, e.g., palm leaves, wild grass, or leaves, or the like, that intervenes between each type of produce. One should surround the figs with clusters of grapes from the outside.
Halacha 8
When a person brings the first fruits in a metal container, the priest takes them and returns the container to its owner. If he brings them in a reed or grass basket or the like, both the first fruits and the basket should be given to the priests.22 If the first fruits become impure, the baskets should not be given to the priests.23
Halacha 9
When they would bring the first fruits, they would also bring turtle doves and doves in their hands. Similarly, they would hang turtle doves and doves from the sides of the baskets24 in order to adorn the first fruits. Those that were with the baskets would be offered as burnt offeringS25 and those they would bring by hand would be given to the priests [as presents].26
Halacha 10
It is a positive commandment27 to make a declaration in the Temple concerning the first fruits when they are brought. One should begin and say [Deuteronomy 26:3-10]: 'I am making a statement to God your Lord that 1 have come to the land... An Aramean [sought] to destroy my ancestor...' until he completes the entire passage, concluding: '...You gave me, 0 God.' [This declaration] may only be made in the Holy Tongue, as it states: 'And you shall respond and say.'28
Halacha 11
At first, those who knew how to read would read [the passage themselves] and those who did not know how to read would read after one who read for them. [As a result,] those who did not know how to read would refrain from bringing [the first fruits] so that they would not be embarrassed.29 [Hence] the court ordained that the passage would be read for one who knows how to read like it is read for one who does not know.30
Halacha 12
A person who brings the first fruits is permitted to give them to his servant or his relative [to carry] throughout the journey until he reaches the Temple Mount.31When he reaches the Temple Mount, even if he is a king of Israel,32 he must place the basket on his own shoulder33 and proceed until he reaches the Temple Courtyard. He should read [the declaration,] 'I am making a statement to God your Lord today...,' while the basket is still on his shoulder. He then removes the basket from his shoulder. While he holds it by its edge, the priest puts his hand below it and raises it [up and down and to all four directions].34He then reads: An Aramean [sought] to destroy my ancestor and he descended to Egypt...' until he completes the entire passage.' He then places the first fruits at the side of the altar, at the southwest comer, on the south side of the altar.35He then prostrates himself36 and departs.
What is the source which teaches that the first fruits must be raised [up and down and to all four directions]? [The above prooftext states:] 'And the priest shall take the basket from your hand,' including [an obligation to] raise the first fruits [up and down and to all four directions]. Just as [the first fruits] must be raised [up and down and to all four directions], so to they require that a peace offering be brought with them and song [accompany their offering], for with regard to them, [ibid.:9] states: 'And you shall rejoice in all the good.' [Now,] with regard to the festivals, [ibid. states: 'And you shall rejoice on your festivals.' [An association is drawn between the two:] Just as the happiness of the festivals is marked by peace offerings, so too, peace offerings [are required] here. [Nevertheless,] these offerings are not absolute requirements.37
Halacha 13
When is a song pronounced over them? When they reach the Temple courtyard. The Levites would begin proclaiming:38 'I will exalt You God, for You have drawn me up...' (Psalms 30:2).39
Halacha 14
[When bringing] the first fruits, it is necessary that one remain [in Jerusalem] overnight.
What is implied? When a person brought his first fruits to the Temple, made the declaration, and offered his peace offerings, he should not depart from Jerusalem that day to return home.40 Instead, he should stay in Jerusalem overnight and return to his city on the following day, as [Deuteronomy 16:7] states: 'And you shall turn back in the morning and return to your tent.' [That verse41 teaches a general principle:] All occasions when you turn from the Temple when you visit it should only be in the morning.42
Thus the first fruits require seven factors: a) that they be brought to [Jerusalem], b) [in a] container, c) that the declaration be recited, d) that they be accompanied by a peace offering, e) and song, f) that they be raised [up and down and to all four directions], and g) that the person stay overnight [in Jerusalem].
| FOOTNOTES | |
| 1. |
The priests were divided into 24 watches. Each one would serve in the Temple for a week at a time.
|
| 2. |
See Hilchot Ma'aseh Korbanot10:15.
|
| 3. |
HilchotTerumah15:20, Chapter 2, Halachah 19 above, et al.
|
| 4. |
I.e., within Jerusalem or outside the city.
|
| 5. |
The punishment a non-priest incurs for partaking of terumah (Hilchot Terumah 6:6).
|
| 6. |
It is forbidden to partake of the first fruits in all situations. One does not, however, become liable for this severe penalty unless they first entered the holy city. The rationale is that since a priest may not partake of them until they are brought to Jerusalem, the prohibition against a non-priest partaking of them does not apply until then.
|
| 7. |
The Aruch LeNer states that there is a difference of opinion among the Rabbis if this law applies when the produce is carried in a single container or only when it is carried in two containers.
|
| 8. |
I.e., in cities outside of Jerusalem.
|
| 9. |
Sefer HaMitzvot (negative commandment 149) and Sefer HaChinuch (mitzvah 449) include this commandment among the 613 mitzvot of the Torah.
|
| 10. |
Hilchot Terumah 15:20.
|
| 11. |
Nevertheless, as indicated by the following halachah, the person bringing the first fruits need not make the declaration for them to be permitted.
|
| 12. |
I.e., this is included in the same negative commandment.
|
| 13. |
I.e., Jerusalem, the place where they may be eaten.
|
| 14. |
Sacrificial meat, by contrast, would be disqualified if this happened.
|
| 15. |
See the following halachah.
|
| 16. |
See Hilchot Ma'aser Sheni 3:1.
|
| 17. |
Although a priest is not allowed to partake of impure terumah, such a transgression is not punishable by lashes. It is only a prohibition that results from a positive commandment (Hilchot Terumah 7:3).
|
| 18. |
Aninut refers to the state of severe mourning experienced on the day of the death of one's relative. See Hilchot Ma'aser Sheni 3:6.
|
| 19. |
From this phrase, it is derived (Halachah 13) that it is necessary to bring peace offerings together with the first fruits. However, the two teachings are not exclusive.
|
| 20. |
Since the prohibition is not stated as a negative commandment in the Torah, one is not liable for lashes as prescribed by Scriptural Law. The Radbaz and others question this ruling, because, asYevamot 73b teaches, an association is established between the first fruits and the second tithe. Hence just as one is liable for lashes for partaking of the second tithe in a state of acute mourning, so too, one should be liable for partaking of the first fruits.
|
| 21. |
This order is prescribed by the Tosefta, Bikkurim 2:8. The commentaries explain that the rationale for this order is that the produce that is most perishable is placed on top and that which is preserved best on bottom.
|
| 22. |
Bikkurim 3:8 relates that the rich would bring their first fruits in gold and silver containers, while the poor would bring them in wicker baskets. The rich would thus be allowed to keep their containers, while the poor would have to give them to the priests.
The rationale is that the metal containers are significant and thus cannot be considered to be ancillary to the fruits. Hence they must be returned to their owners. The wicker baskets, by contrast, are not significant and thus are considered to be ancillary to the fruits. Therefore they may be kept by the priests. In this regard, Bava Kama 913 states, 'Poverty pursues the poor,' i.e., because they were too poor to afford expensive containers, they were required to forfeit even their simple baskets.
|
| 23. |
Since the first fruits themselves are not given to the priests (see Chapter 4, Halachah 10), they do not acquire the containers either.
|
| 24. |
They were not placed on the baskets themselves, lest they soil the fruit [the Rambam's Commentary to the Mishnah (Bikkurim 3:5)].
|
| 25. |
For fowl that were given as a free-will offering were sacrificed only as burnt offerings.
|
| 26. |
The Ra'avad offers a different interpretation of the above mishnah, explaining that only the first fruits were given to the priests, the fowl would be offered as burnt offerings. The Radbaz and theKessef Mishneh support the Rambam's interpretation. Nevertheless, Rashi (Menachot 58a) and Rav Ovadiah of Bartenura follow the Ra'avad's understanding.
|
| 27. |
Sefer HaMitzvot (positive commandment 132) and Sefer HaChinuch (mitzvah 606) include this commandment among the 613 mitzvot of the Torah.
|
| 28. |
Sotah 32a understand this phrase as indicating that the passage should be recited exactly as it is written in the Torah.
|
| 29. |
I.e., the fact that they did not know the Holy Tongue would be an embarrassment for them. In his Commentary to the Mishnah (Bikkurim 3:7), the Rambam explains that this practice was instituted in the early age of the Second Temple era when many of those who returned to Zion did not know the Holy Tongue, as indicated by Nechemiah 13:24.
|
| 30. |
In his Commentary to the Mishnah (loc. cit.), the Rambam explains that there is a support for this in the Biblical verse cited above: 'And you shall respond and say.' Anita, translated as 'respond,' has the connotation of repeating what someone else says.
|
| 31. |
As stated in Chapter 2, Halachah 21, a person should not send his first fruits to Jerusalem via an agent and if he does so, he may not make the declaration (Chapter 4, Halachah 8). Nevertheless, if he himself is bringing them, he may lighten his burden by having another person carry them. All of this applies before he reaches the Temple Mount At that point, he must carry them himself.
|
| 32. |
The Mishnah (Bikkurim 3:4) cites as an example, the conduct of King Aggripas.
|
| 33. |
In his Commentary to the Mishnah (loc. cit.), the Rambam states that the Torah explicitly requires the person to bring the first fruits to the priest by hand.
|
| 34. |
This practice, referred to as tenufah, is required when bringing the peace offerings and other sacrifices.
|
| 35. |
The side which is before the entrance to the Sanctuary, for the first fruits must be Elaced down 'before God' (Radbaz).
|
| 36. |
As required by Deuteronomy 26:10.
|
| 37. |
After the fact, the first fruits are acceptable even if the sacrifices were not brought. The rationale is that the offering is not explicitly mentioned in the Biblical passage (Radbaz to Halachah 14). This concept also applies with regard to the song that should accompany them.
|
| 38. |
See Chapter 4, Halachah 17.
|
| 39. |
This psalm relates to the theme of thanksgiving, and was also recited over the thanksgiving offering (Sh'vuot 15b).
|
| 40. |
The Radbaz and the Kessef Mishneh clarify that even if the person does not bring a sacrifice, he is still required to stay in Jerusalem overnight because of the first fruits.
|
| 41. |
Which speaks about the pilgrimage festivals, not bringing first fruits.
|
| 42. |
The commentaries question why, since, this is a general theme, the Rambam mentions it only here and not in other places.
|
Bikkurim - Chapter 4
Halacha 1
Whenever anyone brings the first fruits, it is necessary that a [peace] offering be brought, song [be recited], they be raised [up and down and to all four directions] and the person remain in Jerusalem overnight.1 The declaration, however, is not a universal requirement. There are some who are obligated to bring the first fruits, but who do not recite the declaration over them.
Halacha 2
The following must bring [the first fruits], but may not recite the declaration: a woman, a tumtum2 and an adrogynus3 - for there is a doubt whether they are considered as a female;4 none of these can say "[the land] which You gave me,"5 and similarly, a guardian, a servant, and an agent, because they cannot say "which You gave me."6
Halacha 3
A convert, by contrast, may bring the first fruits and make the declaration, for [Genesis 17:5] states with regard to Abraham: "I have made you a father to a multitude of nations." Implied is that he is the father of all those who enter under the shelter of the Divine presence.7 The oath that his descendants would inherit the land was given to Abraham first.8 Similarly, the priest and the Levites bring [first fruits] and make a declaration, because they have cities in which to dwell.9
Halacha 4
A person who purchases two trees in his colleague's field10 must bring [the first fruits], but may not recite the declaration.11 [The rationale is that] there is a doubt whether he has a right to the land [on which the trees stand] or not.
What should he do? He should first12 consecrate them to the Temple treasury13for it is possible that they are ordinary produce14 and non-consecrated food is not brought into the Temple Courtyard.15 The priest then redeems them from the Temple treasury and partakes of them.
He must separate terumah and the tithes from them, because of the possibility that they are ordinary produce. He must give the tithes from them to the priests,16 because it is a possibility that they are first fruits and forbidden to non-priests. He should not bring them himself, but instead, send them via an agent17 so that [the fact] that the declaration [is not recited] will not prevent them from being eaten. For whenever a declaration concerning [first fruits] is not fit to be made because of a doubt concerning their status, [the fact that] a declaration [is not recited] prevents it [from being eaten].18
Halacha 5
If one set aside his first fruits and then sold his field, he should bring them, but not make the declaration, because he cannot say: "[the land] which You gave me,"19 since it no longer belongs to him. The purchaser is not required to separate other first fruits, because the seller has already separated them.20 If, however, he does separate them, he should bring them, but not make the declaration.21 From another species [of produce], he should set aside the first fruits, bring them, and make the declaration.22
Halacha 6
When a person sells [the right to harvest] the produce of his field, the purchaser should bring [the first fruits], but not make the declaration. [The rationale is that] the acquisition of the produce is not equivalent to the acquisition of [the land] itself.23 When, however, one brings first fruits from the property of his wife,24 he makes the declaration even though he does not own the actual land, as [implied by Deuteronomy 26:11]: "which God, your Lord, has given you and your household."25Even if his wife dies after he has set aside [the first fruits] and he is in the midst of his journey [to Jerusalem], he should bring [the first fruits] and make the declaration.26
Halacha 7
When a person sells his field or sells trees and the land around them in the era when the Jubilee year is observed,27 [the purchaser] should bring [the first fruits] and make the declaration in the first Jubilee.28 [The rationale is that] the seller has not taken for granted that the land will be returned to him.29 If, however, he sold it again in the second Jubilee, [the purchaser] should bring [the first fruits], but should not make the declaration. For he is certain that he will receive only the produce,30 and the acquisition of the produce is not equivalent to the acquisition of [the land] itself.31
Halacha 8
When a person set aside his first fruits and became mortally ill,32 the one who is fit to inherit his [estate] should bring the first fruits without making the declaration.33 When a person set aside his first fruits and sent them with an agent, but the agent died in the midst of the journey, even if the owner brought them, he should not make the delaration. [The rationale is that the phrase (Deuteronomy 26:2):] "And you shall take... and you shall bring" does not apply unless the taking and the bringing are as one.
Halacha 9
When a person set aside his first fruits, but they were lost34 before they reached the Temple Mount and therefore he separated others instead of them,35he should bring the second fruits, but should not make the declaration. [The rationale is that] he cannot say [that he is bringing] "the first fruits of the land," for those that he is bringing are not the first fruits. One is not liable for an additional fifth [for partaking of] the produce separated second, as [he would had he partaken of] the first fruits.36
Halacha 10
Halacha 11
If a person brought his first fruits from one species and made the declaration and afterwards brings first fruits from another species, he should not make the declaration for them. [This is derived from the phrase (Deuteronomy 26:3):] "I am making a statement today." [Implied is that] he makes one statement and not two.
Halacha 12
If a person separated his first fruits and then the spring [that served as his field's water supply]39 dried up or the tree [from which they were reaped] was cut down, he should bring them, but should not make the declaration. [The rationale is that] he is like someone who no longer possesses the land, because it has been ruined.40
Halacha 13
When a person brings his first fruits between Sukkot and Chanukah41- even if he set them aside before Sukkot - he should bring them without making the declaration, [as implied by Deuteronomy 26:11]: "You shall rejoice in all the good." [Implied is that] the declaration should be made only in a time of happiness, [i.e.,] between Shavuot and the end of Sukkot.42 All individuals other than these43 must bring their first fruits and make the declaration.
Halacha 14
The first fruits, the terumot,44 challah, the principal and the fifth,45 and the presents given when slaughtering an animal46 are a priest's private property. He may use them to purchase servants, land, or a non-kosher animal. A debtor47 of his may collect them as payment for his debt and a woman may take them in lieu of the money due her by virtue of her ketubah. And they may be used to purchase a Torah scroll.48
Halacha 15
The first fruits and the terumot are forbidden to be eaten by non-priests. [Generally,] when the first fruits are mixed with ordinary produce, they are permitted if there is 101 times the original amount as is the law with regard toterumah.49 Nevertheless, if they become mixed with the same species50of ordinary produce in Jerusalem, [the mixture] is forbidden even if the slightest amount of [the first fruits are mixed in] as [is the law regarding] the second tithe.51[The rationale is that] since [they are located in Jerusalem,] the place where one partakes of them, they are considered like52 an entity that could become permitted.53Although the first fruits are forbidden to non-priests even in Jerusalem, nevertheless, even the slightest presence of them in a mixture causes it to be forbidden.
Even if one sowed the first fruits after they were brought to Jerusalem,54 even the slightest amount of produce that grows from them causes a mixture to become forbidden.55 If, however, one sows the first fruits before they were brought to Jerusalem, the produce that grows from them is ordinary produce.56
Halacha 16
How are the first fruits brought to Jerusalem? All of [the inhabitants of] the towns in a regional area57 gather in the central town of the regional area, so that they will not ascend to Jerusalem as individuals, for [Proverbs 14:28] teaches: "The glory of the King is among the multitude of people."58
They come and sleep in the city's thoroughfare, but they do not enter the homes lest they contract impurity because of being under the same shelter as a corpse.59 In the morning, the leader calls out: "Arise and let us ascend to Zion, to God our Lord."60 An ox with its horns glazed with gold leads the procession. A crown of olive [branches]61 are placed on its head, to publicize that the first fruits come from the seven species [for which Eretz Yisrael is praised]. A flute plays before them until they arrive close to Jerusalem. They walk the entire way and proclaim: "I rejoiced when it was told me: 'Let us go to the house of God.'
They would travel for only two thirds of the day.62 When they arrived close to Jerusalem they sent emissaries to notify the inhabitants of Jerusalem and they adorned their first fruits63 and beautified them. If they had [some] produce that was fresh and other produce that was dried, the fresh produce was placed on top.64 The leaders of the Israelites and of the priests65 and the Temple treasurers would go out from Jerusalem to greet them. [The size of the welcoming party] was proportionate to the number of people who come. If many people come, many go out to greet them; if few, few. When they have all entered the gates of Jerusalem, they begin declaring: "Our legs were standing in your gates, O Jerusalem" (ibid.).
Halacha 17
All of the artisans in Jerusalem would stand in honor of them66 and would greet them: "Our brethren, the inhabitants of so-and-so, you have come in peace." They proceed through Jerusalem while the flute is sounded until they reach the Temple Mount. When they reach the Temple Mount, each one should carry the first fruits on his shoulders67 and say: "Halleluyah. Praise God in His holiness" [Psalm 150:1] until [the conclusion of that psalm]: "May all the souls praise You." They proceed through the Temple Mount until they reach the Temple Courtyard. When they reach the Temple Courtyard, the Levites open with the song [Psalm 30]: "I will exalt You, for You have drawn me up..."68
| FOOTNOTES | |
| 1. |
As explained in the concluding halachot of the previous chapter.
|
| 2. |
A person whose genital area is covered with a mass of flesh and whose gender is impossible to detect.
|
| 3. |
A person with male and female sexual characteristics.
|
| 4. |
With regard to an androgynus, the doubt concerns the individual's halachic status. With regard to the tumtum, the doubt concerns the actual facts: Which gender is covered by the mass of flesh?
|
| 5. |
In his Commentary to the Mishnah (Bikkurim 1:5), the Rambam explains that Eretz Yisrael was given as an ancestral heritage only to males who are free men. Thus this disqualifies all of those mentioned in this clause and also the servant mentioned in the following clause.
|
| 6. |
For the first fruits they are bringing are not from their own land. They are acting on behalf of others.
|
| 7. |
For he taught all mankind faith [the Rambam's Commentary to the Mishnah (loc. cit.:4)].
|
| 8. |
I.e., all future converts are considered as Abraham's seed and thus have a share in the land "that God swore to [give] to your ancestors." Indeed, based on Ezekiel 47:22, Kapot Temarim states that in the Messianic era, converts will be given a share of the Holy Land.
|
| 9. |
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. Although the land was given them from the tribal inheritances of the other tribes, it is still appropriate for them to speak of the land which God gave them, because the gifts were given as a result of God's command (Radbaz). See also Hilchot Ma'aser Sheni 11:17.
|
| 10. |
He does not purchase the land on which the trees grow. Nevertheless, since he purchased two trees, our Sages (Bava Batra 81b; see Hilchot Mechirah 24:6) question whether or not he is given the right to the land around the trees. If, however, he purchases three trees, all agree that he has the right to the land.
|
| 11. |
Bava Batra 82a questions: Reciting the declaration is no more than reciting verses from the Torah. Even if he is not obligated to do so, what would be wrong with reciting these verses? In resolution, it explains that a) it appears that he is lying (because he is praising God for giving him land which in fact may not be his); or b) by bringing them as first fruits, he will prevent the terumahand the tithes from being separated from them.
|
| 12. |
I.e., before bringing them to the Temple Courtyard.
|
| 13. |
The consecration has a questionable status, because a person may not consecrate property that does not belong to him (Hilchot Arachin VaCharamim 6:16). And if the produce is first fruits, it does not belong to him.
|
| 14. |
For if the land does not belong to him, they are not considered as first fruits.
|
| 15. |
This is a general principle. See Hilchot Shechitah 2:3.
|
| 16. |
According to Scriptural Law, tithes must be given to the Levites. Nevertheless, when the Levites failed to return to Zion with Ezra in large numbers, he punished them and decreed that they should not be given the tithes. Afterwards, according to many views, it was possible to give the tithes either to the priests or the Levites. Nevertheless, in this instance, the tithes must be given to the priests for the reason stated by the Rambam.
|
| 17. |
For when an agent brings first fruits, a declaration should not be made, as stated in Halachah 2.
|
| 18. |
Bava Batra, loc. cit., explains that when there would be no difficulty in making the declaration, the fact that it is not made does not disqualify the first fruits from being eaten. When, however, it is required to be made, but cannot be made for a particular reason, the failure to make it disqualifies the offering.
|
| 19. |
Praising God for giving him the land.
|
| 20. |
And first fruits should be brought only once for each species. In his Commentary to the Mishnah (Bikkurim 1:7, based on the Jerusalem Talmud), the Rambam states that this is derived fromDeuteronomy 26:3 which states: "I am making a statement to God your Lord today," implying that the statement can be made only once (see also Halachah 11).
|
| 21. |
For the concept derived above applies primarily to making the declaration and not actually bringing the first fruits.
|
| 22. |
Since they are being brought by two individuals, the fact that one species has been brought already does not disqualify the first fruits brought by the other person. If, however, they were being brought by the same person, he would not make the declaration again, as stated in Halachah 11.
|
| 23. |
And thus he cannot rightfully praise God for giving him the land.
|
| 24. |
This refers even to property which the husband receives as nichsei milog (see Hilchot Ishut 16:1-2), i.e., the property itself belongs to the woman, but he is entitled to derive benefit from it.
|
| 25. |
"Your household" can be interpreted as referring to one's wife. Thus even though the land belongs to his wife, he should make the declaration.
|
| 26. |
The husband inherits his wife's property. Thus now he owns both the land and the produce.
|
| 27. |
And ancestral property is returned to its original owner. See Hilchot Shemitah VeYoval, ch. 11.
|
| 28. |
For he is the owner of the land and the produce. Although he is required to return the land in the Jubilee year, that is a result of the Torah's decree and does not diminish the purchaser's ownership of the land.
|
| 29. |
Since the owner does not have the experience of having his land returned to him, he does not consider it a surety that it will be returned to him. In his mind, it is sold (Radbaz). The Rambam's source is Gittin 48a. Rashi interprets the passage differently.
|
| 30. |
And he knows that the land will be returned. Accordingly, it is as if he purchased only the produce and not the land.
|
| 31. |
As stated in Halachah 6.
|
| 32. |
This reflects the Rambam's version of the Jerusalem Talmud (Bikkurim 1:5). The version in the standard published text is slightly different (Radbaz, Kessef Mishneh).
|
| 33. |
While the owner of the produce is alive, the person fit to inherit the estate is considered as an agent, and hence may not make the declaration. Even though he was not explicitly appointed, we assume that this is the owner's desire. According to the Rambam's conception, if the owner is ill, but is not in mortal danger, another person cannot serve as his agent unless he is appointed as such.
|
| 34. |
In any manner, as indicated by Chapter 2, Halachah 20.
|
| 35. |
For he is required to replace them (ibid.).
|
| 36. |
As stated in Chapter 3, Halachah 5, the first fruits are considered as terumah. And as stated inHilchot Terumah 6:6, one who partakes of terumah inadvertently must make restitution and add a fifth.
|
| 37. |
Our translation is based on the Rambam's Commentary to the Mishnah (Bikkurim 1:8). The Ra'avad maintains that the produce should be left in the Temple Courtyard until it rots. From Chapter 2, Halachah 19, some have inferred that according to the Rambam, the impure produce should be burnt. Kin'at Eliyahu maintains that this approach is far more appropriate than leaving it to rot in the Temple Courtyard.
|
| 38. |
For the declaration is made as a statement of thanksgiving after the first fruits are successfully offered and that is not possible in the present situation.
|
| 39. |
The bracketed additions are based on the Rambam's Commentary to the Mishnah (Bikkurim 1:6).
|
| 40. |
In its present state, the land is not able to produce fruit. Hence, it is as if he no longer possesses it (ibid.; according to Rav Kappach's text).
|
| 41. |
After Chanukah, he may not bring them at all.
|
| 42. |
This is the harvest season when a person feels happy with the bounty God has granted him.
|
| 43. |
I.e., those mentioned from Halachah 5 and onward.
|
| 44. |
I.e., both "the great terumah" and terumat ma'aser.
|
| 45. |
I.e, when a non-priest partakes of any of the above mentioned substances, he is obligated to pay the principal and a fifth as restitution.
|
| 46. |
See Chapter 9.
|
| 47. |
Even a non-priest.
|
| 48. |
The Radbaz questions why a Torah scroll is mentioned. If he is allowed to purchase a non-kosher animal with these objects, seemingly, it is obvious that he should be able to use them to purchase a Torah scroll. He explains that one might think that it is preferable that a person write a Torah scroll himself than purchase one. The Ma'aseh Rokeach explains that in contrast to other types of property, a Torah scroll may never be sold. Hence, if he uses the money from these objects to purchases it, he will never be able to derive physical benefit from these substances.
|
| 49. |
Hilchot Ma'achalot Asuurot 15:3; Hilchot Terumot 15:20-21.
|
| 50. |
If, however, they become mixed with a substance of another species, the presence of the first fruits can be nullified. See Hilchot Ma'achalot Assurot 15:12.
|
| 51. |
See Hilchot Ma'aser Sheni 6:14-15.
|
| 52. |
This refers even to first fruits belonging to an Israelite. Hence, they are considered only "like an entity that could be permitted," but are not actually in that category (Radbaz).
|
| 53. |
For the entire mixture could be eaten by priests in a state of ritual purity. With regard to the law that the entire mixture is forbidden when even the slightest amount of a forbidden substance becomes mixed with it, see Hilchot Ma'achalot Assurot 15:10.
|
| 54. |
And thus the forbidden fruit itself no longer exists.
|
| 55. |
This is a penalty imposed upon him because the mixture could have - and the produce that grows could - be given to the priests. See the Rambam's Commentary to the Mishnah (Bikkurim 2:2).
|
| 56. |
Since the first fruits may not be eaten outside of Jerusalem, the mixture is not judged with the severity that applies to a mixture containing a forbidden entity that could become permitted. Instead, it is considered as an ordinary mixture and the presence of the first fruits can be nullified.
|
| 57. |
See Hilchot K'lei HaMikdash 6:1 for more particulars concerning the Hebrew term.
|
| 58. |
Thus coming as a group is a greater act of Divine glorification.
|
| 59. |
I.e., the first fruits must be brought in a state of ritual purity, and if a person bringing them enters a home, he may unknowingly contract ritual impurity, because he was under the same shelter as a corpse.
|
| 60. |
Cf. Jeremiah 31:5.
|
| 61. |
For of the seven species, olive branches are the most attractive [the Rambam's Commentary to the Mishnah (Bikkurim 3:3)].
|
| 62. |
This would impress them and the inhabitants of the towns through which they passed with the importance of their pilgrimage. Also, it allowed for people of many regions to congregate and ascend to Jerusalem together.
|
| 63. |
See Chapter 3, Halachot 7 and 9.
|
| 64. |
Because fresh produce is more attractive.
|
| 65. |
The Rambam's Commentary to the Mishnah (loc. cit.).
|
| 66. |
Kiddushin 33a notes that this is a grat mark of respect for those who bring the first fruits. After all, artisans are not required to stand before Torah scholars and yet they would stand before the people who brought the first fruits.
|
| 67. |
See Chapter 3, Halachah 12.
|
| 68. |
See Chapter 3, Halachah 13.
|
Bikkurim - Chapter 5
Halacha 1
It is a positive commandment to separate a portion that is raised up1 from the dough [and given] to a priest,2 as [Numbers 15:20] states: "Raise up the first of your dough, the challah,3 as an offering...." According to Scriptural Law, this first portion does not have a minimum measure. Instead, even if one set aside a portion the size of a barley corn, he has absolved the entire dough. When a person designates his entire dough as challah, his deeds are of no consequence unless he leaves a portion of it [for himself].4
Halacha 2
According to Rabbinic Law, one should separate one twenty-fourth of the dough, so that there will be a [significant] present for the priest. [This is derived from Deuteronomy 14:4 which] states: "Give him," i.e., give him something that is fit to be called a gift.
A baker who makes a dough to be sold in the market place should separate one forty-eighth. [The rationale is that] since his dough is larger,5 this measure contains [enough] to be a [significant] present.
Halacha 3
Even when a private person makes dough for [the wedding] celebration of his son, he should separate one twenty-fourth even though it is large, so as not to make a distinction in [the requirements of] a dough made by a private person.6[Conversely,] when a baker makes a small dough, [he must separate only] one forty-eighth, so as not to make a distinction in [the requirements of] a dough made by a baker.
Halacha 4
If a dough became impure unknowingly or because of forces beyond one's control, one need not separate more than one forty-eighth.7 If he purposefully made it impure, he must separate a twenty-fourth, so that the sinner will not benefit.8
Impure challah is permitted to be used by a priest as kindling fuel like impureterumah.9
Halacha 5
According to Scriptural law, we are only obligated to separate challah in Eretz Yisrael, as [Numbers 15:19] states: "When you partake of the bread of the land...," and only when the entire Jewish people are located there, as [ibid.:18] states: "When you enter," i.e., when you all enter and not only when a portion of you enter. For this reason, in the present era - and even in the era of Ezra10inEretz Yisrael - [the observance of] challah is only a Rabbinic decree, as we explained with regard to terumah.11
Halacha 6
When the produce of the Diaspora is brought to Eretz [Yisrael], challah must be separated from it.12 When produce from Eretz [Yisrael], are brought to the Diaspora, they are exempt.13 [This is derived from ibid.:] "to which I will bring you." [Implied is that in that land,] you are liable, whether for the produce of the land itself or for that of other lands.
Halacha 7
Challah should also be separated in the Diaspora by Rabbinic decree so that the Jewish people will not forget the laws of challah. Challah from the Diaspora should not be brought to Eretz Yisrael, just as terumah14and first fruits15 from there should not be brought [to Eretz Yisrael]. If one should bring [such challah], it should be left to the day before Pesach and burned16like terumah.
Halacha 8
There are three different sets of laws that apply to challah in three different lands. In the entire area that was settled by those who returned from Babylonia until Kziv,17 one challah should be separated according to the appropriate measure18 and the priests may partake of it. In the remaining portions of Eretz Yisrael that were settled by the Jews who came out of Egypt, but not by those who returned from Babylonia - i.e., from Kziv until Amanah19 - two challotshould be separated. One should be burnt and one should be eaten.
Why do we separate two challot there? Because the first challah is impure, because this land was not sanctified in the time of Ezra and the first sanctification was nullified after the Jews were exiled.20 [Nevertheless,] since [the land] is from Eretz Yisrael, a challah - one forty-eighth [of the dough] is separated and is burnt. A second challah is also separated and given to a priest to eat, so that people will not say that pure terumah should be burnt. For the first challah was burnt even though it did not contract impurity in a manner that was known to all.21 This second challah does not have a minimum measure. Instead, one may separate whatever he desires, because it is a Rabbinic ordinance.
In all of the lands from Amanah and beyond, whether in Syria22 or other lands, two challot should be separated: One is burnt so that people should not say we saw impure terumah being eaten23 and one is eaten so that the laws of challahwill not be forgotten by the Jewish people. [Since] both of these are Rabbinic institutions, it is preferable to make the one that is eaten larger.24Accordingly, there is no minimum measure for the one that is burnt. Even the slightest amount [is acceptable]. The one which is eaten should be one forty-eighth [of the dough]. It is permitted to be eaten by zavim and zavot25- and needless to say, other people who are ritually impure.26
Halacha 9
In the present age when there is no pure dough,27 because of the impurity [imparted] by a human corpse,28 one challah - one forty-eighth [of the dough]29- is separated in all Eretz Yisrael [in the present era]. [This applies even though] it is burnt, because it is impure, since the fundamental obligation to separate it is Scriptural.30 As was the law in previous ages, from Kziv to Amanah, a secondchallah is also separated for a priest to eat.31 There is no mimimum measure for it.
Halacha 10
Although challah from the Diaspora is impure, since its fundamental requirement is a Rabbinic ordinance,32 it is forbidden to be eaten only by priests who are impure because of impurity that result from a physical condition.33These include [priests] who had a seminal emission, zavim, zavot, niddot,34women who give birth, and people afflicted by tzara'at.35Others who are impure because they have been in contact with other sources of impurity, even those who are impure because of contact with a corpse, are permitted to partake of it.
Accordingly, if there was a priest who was a minor in the Diaspora - whether in Syria or in other lands - and one desired to separate [only] one challah, he could separate one forty-eighth of the dough. It could be eaten by a priest who is a minor who never had a seminal emission or a female from the priestly family who never menstruated. The person need not separate a second [challah].36
Halacha 11
Similarly, if a priest who was an adult immersed himself [in a mikveh and thus purified himself from the impurity resulting from] the emission of semen or zivutmay partake of this first challah. Then [the one who separated it] need not separate a second challah in the Diaspora. [This applies] even though the sun has not set [after he immersed himself]37 and although he remains ritual impure due to the impurity imparted by a corpse.38
Halacha 12
Anyone who separates challah should recite the blessing: "[Blessed are You...] Who sanctified us with His commandments and commanded us to separatechallah."39 [This applies both] in Eretz Yisrael and in the Diaspora.40 Just as one recites a blessing when [separating challah that] is ritually pure, he should recite a blessing when separating the impure.
Halacha 13
A niddah and the like43 may recite a blessing and separate challah in the Diaspora. For she is not cautioned against touching the challah,44 only against partaking of it. If there is a priest who was a minor or [an adult] priest who immersed himself who is permitted to partake of it as we explained,45 he may partake of it, [eating] together with a non-priest at the same table. [The rationale is that] it is does not create a forbidden mixture,46 even if there are equal quantities of it and ordinary food.47 It may be given to an unlearned priest48 because [the woman] is impure because of the air of the Diaspora, and the prohibition against a priest actively seeking to receive his presents49 does not apply in this instance.
If a person desires to eat first and then separate the challah in the Diaspora, he is permitted, for the fundamental obligation is Rabbinic in origin.50
Halacha 14
Halacha 15
All of those individuals concerning whom it was said they should not separateterumah and if they separate it, the separation is invalid,54 are governed by the same laws with regard to challah. In all situations concerning which it was said that terumah should not be separated from this type of produce for another,55challah should also not be separated. Whoever may not partake of terumah,56may not partake of challah. Whoever may partake of terumah57 may partake ofchallah.
| FOOTNOTES | |
| 1. |
This phrase translates the Hebrew terumah, for that term is also applied to challah in certain contexts. For that reason several of the laws that apply to terumah also apply to challah.
|
| 2. |
Sefer HaMitzvot (positive commandment 133) and Sefer HaChinuch (mitzvah 385) include this commandment among the 613 mitzvot of the Torah. The Rambam considers separating the dough and giving it to the priests as two parts of the same mitzvah. The Ramban, by contrast, considers them as separate mitzvot.
|
| 3. |
The heading of this set of halachot is "The Laws of the First Fruits and the Other Presents [Given] to Priests in the Outlying Areas." In the first four chapters, the Rambam discussed the first fruits. Now he proceeds to explain the other presents. He begins with challah because it also involves grain and is also called terumah. See Radbaz.
|
| 4. |
By calling it "the first," the Torah is implying that there is a second, i.e., that something is left over [the Rambam's Commentary to the Mishnah (Challah 1:9), based on the Jerusalem Talmud]. See also Hilchot Terumah 3:5 and note the contrast to Chapter 2, Halachah 17.
|
| 5. |
The Jerusalem Talmud (Challah 2:7) gives another reason for the difference in measures. Ideally, the requirement would only be one forty-eighth. Nevertheless, generally, the one separatingchallah from the dough is a woman and women are by nature tightfisted. If they are told to give one twenty-fourth, they will ultimately give a forty-eighth. The Siftei Cohen 322:2 gives another reason for reducing the measure required of a baker. He is preparing the dough for profit and our Sages did not desire to cause him a loss.
|
| 6. |
Our Sages desired that their laws be uniform out of fear that once distinctions were made, individuals would ultimately give less than the desired amount.
|
| 7. |
Challah which is impure may not be eaten by a priest and may be used only as fuel. An ordinary person may, however, partake of a loaf made from impure dough. Hence, rather than waste the dough, it is preferable to give a smaller portion as challah.
|
| 8. |
I.e. the person separating the dough would benefit from it becoming impure, because he will have to give a smaller portion to the priest.
|
| 9. |
See Hilchot Terumah 11:1. At present, since all dough is impure, theoretically, this is the measure which should be given (Siftei Cohen 322:3). In practice, however, at present, even impure challahis not given to a priest.
|
| 10. |
Who led the return to Zion after the Babylonian exile.
|
| 11. |
See Hilchot Terumah 1:5, 26. Even the Ra'avad, who differs with the Rambam with regard toterumah, finds this position acceptable with regard to challah. See also Hilchot Issurei Bi'ah 20:3.
|
| 12. |
Provided the dough is made in Eretz Yisrael. The converse applies with regard to the following clause. The dough must be made in the Diaspora (Radbaz).
|
| 13. |
The Ra'avad maintains that challah must be separated from such dough by Rabbinic decree. TheKessef Mishneh states that this is obvious from the following halachah.
|
| 14. |
See Hilchot Terumah 2:17. Since the Diaspora is ritually impure by Rabbinic decree, any dough brought from there to Eretz Yisrael would be consigned to destruction. However, it should not be burnt immediately, because we do not know that it definitely contracted ritual impurity in Eretz Yisrael, and it is forbidden to burn challah unnecessarily. Nor may it be returned to the Diaspora, lest people think it is permitted to take challah from Eretz Yisrael to the Diaspora [the Rambam's Commentary to the Mishnah (Challah 4:10)].
|
| 15. |
See Chapter 2, Halachah 1.
|
| 16. |
Since the dough is chametz, "leavened," it must be destroyed before the onset of the Pesach holiday.
|
| 17. |
See Hilchot Terumah 1:8.
|
| 18. |
See Halachah 2.
|
| 19. |
See Hilchot Terumah 1:7.
|
| 20. |
Thus in a strict halachic sense, this land has the status of the Diaspora.
|
| 21. |
Since this land was once Eretz Yisrael, not everyone knows that it is impure like the Diaspora.
|
| 22. |
Where certain of the agricultural laws that must be observed in Eretz Yisrael are observed. SeeHilchot Terumah 1:4.
|
| 23. |
For everyone knows that the Diaspora is impure.
|
| 24. |
So that food is not wasted.
|
| 25. |
A man becomes a zav when he has an emission from his urinary tract similar, but not identical to that which results from gonorrhea. A woman becomes a zavah when she experiences vaginal bleeding at times other than would be expected due to her menstrual cycle. In both cases, the individuals are ritually impure. See Leviticus, ch. 15.
|
| 26. |
In certain instances, a distinction is made between impurity that results from a physical condition in one's body - such as the above - and other types of impurity (see Halachah 10). However, no such distinction is made here.
The Ra'avad differs with this ruling and maintains that the challah is forbidden to any priest who is ritually impure, citing his statements in Hilchot Terumah 7:8.
The Rambam's ruling here appears to differ from his ruling in that source. The Kessef Mishnehexplains that the leniency here applies only after the priests have immersed in a mikveh. The Radbaz explains that here we are speaking about two challot, with one being burnt. Hence the one given to the priest may be eaten.
|
| 27. |
The shifting of this phrase from the previous halachah to this halachah is based on authoritative manuscripts of the Mishneh Torah and also makes from an easier reading of the text.
|
| 28. |
Which affects everyone in the present age, for we do not have a red heifer to purify ourselves.
|
| 29. |
As is the law with regard to challah that became impure because of factors beyond one's control (Halachah 4).
|
| 30. |
At present the obligation to separate challah in Eretz Yisrael is Rabbinic in origin (Halachah 5). Nevertheless, since the original obligation there was Scriptural, the challah that is separated must have a minimum measure even though it is burnt.
|
| 31. |
Although at present, everyone knows that all the people living there are ritually impure, no deviation was made from the original ruling.
|
| 32. |
For according to Scriptural Law, there is no need to separate it.
|
| 33. |
Because there is a more serious dimension to their ritual impurity [the Rambam's Commentary to the Mishnah (Challah 4:8)]. See also Hilchot Terumot 7:8-9. As mentioned there, the Ra'avad differs with this ruling.
|
| 34. |
A woman who is impure because of menstrual bleeding.
|
| 35. |
A skin malady resembling - but not entirely similar to - leprosy which renders a person ritually impure.
|
| 36. |
To be burnt. Since he is not separating a second challah, the law is more stringent than in Halachah 8, which can be eaten by priests with this level of impurity (Radbaz).
|
| 37. |
And a priest who immersed himself to emerge from ritual impurity could not partake of terumahuntil sunset of the day he immersed himself (Hilchot Terumah 7:4).
The Rambam's ruling is quoted by the Shulchan Aruch (Yoreh De'ah 322:5). The Rama cites the opinion of Rabbenu Nissan who requires the priest to wait until sunset.
|
| 38. |
For purification from such impurity requires the ashes of the Red Heifer and those were not available after the destruction of the Temple.
The Ra'avad differs with this ruling as well and maintains that even after immersing, such a priest may not partake of challah. The Shulchan Aruch (Yoreh De'ah 322:3-5) quotes the Rambam's rulings in all the above matters. The Rama writes that since at present, it is not customary to partake of challah in any place, even in Eretz Yisrael, only one challah is separated. There is no minimum measure to it (although it is desirable that it be the size of an olive). This challah is burnt.
|
| 39. |
The Ra'avad states that one should conclude "to separate terumah," for challah is also referred to as terumah. The Shulchan Aruch (Yoreh De'ah 328:1) quotes the Ra'avad's ruling. The Rama states that the Rambam's version of the blessing is also acceptable. The Turei Zahav and theSiftei Cohen 328:1 speak of a conclusion that combines both terms "to separate terumah, challah."
|
| 40. |
Even though the obligation to separate challah in the Diaspora is only Rabbinic in origin, it is appropriate to recite a blessing, as it is appropriate to do so when fulfilling other Rabbinic commandments (Radbaz).
|
| 41. |
And it is not fitting to observe a mitzvah without reciting a blessing.
|
| 42. |
For her nakedness is covered by the ground. A man's, by contrast, projects outward.
|
| 43. |
I.e., the individuals who are impure because of a physical condition mentioned in Halachah 10.
|
| 44. |
Although her touch would render an article ritually impure, it is ritually impure regardless because we are all impure due to contact with a human corpse. Hence, there is no difficulty with her touching it.
|
| 45. |
See Halachot 10-11.
|
| 46. |
The term midama'at used by the Rambam refers to a mixture of terumah (or challah of Scriptural status) with other substances.
|
| 47. |
I.e., according to Scriptural Law, the presence of a forbidden substance is nullified when it is mixed with a greater quantity of permitted substances (bittul berov). In this instance, it is not necessary to have a majority of permitted food, half and half is sufficient, for this challah is forbidden only as a Rabbinic injunction.
The Radbaz and the Kessef Mishneh explain that although Bechorot 27a indicates that a majority is necessary, the Rambam's ruling is based on the Jerusalem Talmud (Challah 4:8), from which it is evident that half and half is acceptable. Moreover, the Tur (Yoreh De'ah 323) states that according to the Rambam's understanding that at the outset, it is permitted to nullify a Rabbinic prohibition, one may intentionally make such a mixture.
The Rambam's ruling is cited by the Shulchan Aruch (Yoreh De'ah 323:1). The Tur and the Rama cite Rabbenu Asher's view that, like terumah, there must be 101 times the forbidden amount before the challah is nullified.
|
| 48. |
As stated in Hilchot Terumah 6:2, an unlearned priest is unfamiliar with and/or careless in the observance of the laws of ritual purity. Hence, he is not given terumah, lest he cause it to become impure.
|
| 49. |
Our translation is slightly loose. The literal meaning of the Rambam's words, quoted from Bechorot27a is "[the decree against] a priest helping in the granary does not apply to him." As stated inHilchot Terumah 12:19, our Sages forbade that because it would appear that he is working for theterumah. Instead, the terumah should be given him in a manner that connotes respect and reverence.
|
| 50. |
When the obligation is Scriptural in origin, partaking of the food on the basis of a stipulation that one will separate challah (or terumah) afterwards is forbidden. As explained in Hilchot Terumah1:21, the principle of bereirah - that retroactively, an action performed afterwards is considered as if it was performed at the outset - applies only with regard to matters of Rabbinic Law and not with regard to matters of Scriptural Law.
The Siftei Cohen 323:1 emphasizes that the leniencies in this halachah apply only with regard tochallah from the Diaspora, for there never was an obligation to separate it according to Scriptural Law. Although, at present, separating challah in Eretz Yisrael is also a Rabbinic obligation, since originally the obligation was Scriptural, none of these leniencies are granted.
|
| 51. |
Our translation is taken from the Rambam's Commentary to the Mishnah (Challah 1:9).
|
| 52. |
See Hilchot Terumah 3:17.
|
| 53. |
See Hilchot Terumah 5:7. After the fact, however, the separation is effective.
|
| 54. |
A deaf-mute, a mentally or emotionally unstable person, a minor, a gentile who separated terumahfrom produce belonging to a Jew, even with his permission, and a person who separate terumahfrom produce that does not belong to him without the owner's permission (Hilchot Terumah 4:2).
|
| 55. |
See Hilchot Terumah, ch. 5.
|
| 56. |
A non-priest and an impure person.
|
| 57. |
A priest, his wife, and his servants.
|
| 58. |
We are speaking of a person who is still in control of his faculties, but whose judgment is slightly blurred. If he loses control of his faculties entirely, he is considered as an emotionally unstable person. See Hilchot Mechirah 29:18.
|
| 59. |
I.e., with regard to terumah, such individuals are told not to separate terumah as an initial preference, because terumah must be separated from the superior produce and they are incapable of making that distinction (Hilchot Terumah 4:4). Nevertheless, this rationale does not apply with regard to challah.
|
• Sunday, Iyar 14, 5775 · 05/03/2015
Iyar 14, Pesach Sheini, 29th day of the omer
Torah lessons: Chumash: B'har, Revi'i with Rashi.
Tehillim: 72-76.
Tanya: To illustrate this (p. 253)...thought and mind. (p. 253).
The theme of Pesach Sheini1 is that it is never too late. It is always possible to put things right. Even if one was tamei (ritually impure), or one was far away, and even in a case of lachem, when this (impurity etc.) was deliberate - nonetheless he can correct it.
FOOTNOTES
1. See Bamidbar 9:10. The Pesach Sheini, second Passover sacrifice, was to be offered by those who, at the time of first Pesach, were "...defiled (tamei) by a dead body or on a distant journey for yourselves (lachem)..." Here an opportunity is offered to anyone who failed to bring the Pesach offering in its proper time, for whatever reason - even impurity, even "alienation" ("...on a distant journey etc..."), even if this was deliberate - to repair the situation. He may celebrate Pesach Sheini, the Second Pesach, a month later.
Daily Thought:
Grateful
A person is happy when he knows something worthwhile belongs to him. A person is very happy when he feels he is small and yet he owns something very great.
We are all finite owners of the Infinite.
___________________________________
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