Today's Laws & Customs:
• The Fast of Tishah B'Av
Because of the holiness of Shabbat, the Fast of the Ninth of Av ("Tish'ah B'Av") is observed today, Av 10. The fast mourns the destruction of the Temple and the exile of Israel a--see "Today in Jewish History" for yesterday, Av 9.
For approximately 25 hours--from sundown on Saturday to nightfall Sunday evening--we abstain from eating and drinking, bathing, the wearing of leather footwear, and marital relations. It is customary to sit on the floor or a low seat until after mid-day. Torah study is restricted to laws of mourning, passages describing the destruction of the Temple, and the like. Thetefillin are worn only during the afternoon Minchah prayers. (For more laws and customs see link below.)
Link: Laws of Tish'ah B'Av
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturdaynight. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. When sanctifying the moon of the month of Av, it is customary to wait till the night after Tishah B'Av.
Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Today in Jewish History:
• Holy Temple Burns (69)
The Romans set the Temple aflame on the afternoon of Av 9 (see yesterday's Today in Jewish History and it continued to burn through Av 10. For this reasons, some of the mourning practices of the "Nine Days" are observed through the morning hours of Av 10 (see "Laws and Customs" below)
• AMIA Bombing (1994)
Arab terrorists exploded a bomb in the the Jewish community center (AMIA) in Buenos Aires, Argentina, killing 86 and wounding more than 300, in the most lethal attack against any diaspora Jewish community since the Holocaust.
Link: Terrorism
• Expulsion from Gaza (2005)
More than 8,500 Jewish residents were forcefully expelled from their homes in 25 towns and settlements in the Gaza Strip (including 16 settlements in the flourishing "Gush Katif" belt) and Northern Shomron in the summer of 2005, as part of the Israeli government's ill-fated "Disengagement Plan."
Av 10 was the deadline set by the governments for all Jews to leave their homes in these areas. Two days later, tens of thousands of soldiers and police officers began the forceful removal of the thousands who refused to leave willingly. The removal of all Jewish residents from Gush Katif and the Gaza Strip was completed by Av 17, and from Northern Samaria a day later. The army completed its withdrawal from these areas on the 8th of Elul, after bulldozing all the hundreds of homes and civic buildings in the settlements. The Jewish dead were disinterred and removed from the cemeteries. Only the synagogues were left standing.
The government's hopes that the "disengagement" would open "new opportunities" in relations with the Palestinian Arabs were bitterly disappointed. No sooner had the last Israeli soldiers departed from the Gaza Strip that Arab mobs began looting, desecrating and tourching the synagogues. The vacated settlements became the staging grounds for terrorist attacks against Israel, including the unremitting rocket fire on the nearby Israeli town of Sederot and the cities and settlements of the Western Negev.
Links: The Gaza "Disengagement"
Daily Quote:
Time was the first creation; thus, the sanctification of time is the first mitzvah commanded to Israel.[The Rebbe]
Daily Study:
Chitas and Rambam for today:
Chumash: Va'etchanan, 1st Portion Deuteronomy 3:23-4:4 with Rashi
• Chapter 3
23I entreated the Lord at that time, saying, כגוָאֶתְחַנַּן אֶל יְהֹוָה בָּעֵת הַהִוא לֵאמֹר:
I entreated: Heb. וָאֶתְחַנַּן [The word] חִנּוּן [and its derivatives] in all cases is an expression signifying [requesting] a free gift. Even though the righteous may base a request on the merit of their good deeds, they request only a free gift of the Omnipresent. Because God had said to him [Moses],“and I will favor (וְחַנֹּתִי) when I wish to favor (אָחֹן)” (Exod. 33:19), he [Moses], he spoke to Him [God], using the expression וָאֶתְחַנַּן. Another explanation: This (חִנּוּן) is one of ten terms which denote prayer (Sifrei). ואתחנן: אין חנון בכל מקום אלא לשון מתנת חנם. אף על פי שיש להם לצדיקים לתלות במעשיהם הטובים, אין מבקשים מאת המקום אלא מתנת חנם. לפי שאמר לו (שמות לג יט) וחנותי את אשר אחון, אמר לו בלשון ואתחנן. דבר אחר זה אחד מעשרה לשונות שנקראת תפלה, כדאיתא בספרי:
at that time: After I had conquered the land of Sihon and Og, I thought that perhaps the vow [which God had made, that I should not enter the land] was nullified, [since the land I entered was part of the land of Canaan]. בעת ההיא: לאחר שכבשתי ארץ סיחון ועוג דמיתי שמא הותר הנדר:
saying: This is one of three occasions in which Moses said before the Omnipresent,“I will not let You go until You let me know whether or not You will grant my request” (Sifrei). לאמר: זה אחד משלש מקומות שאמר משה לפני המקום איני מניחך עד שתודיעני אם תעשה שאלתי אם לאו:
24"O Lord God, You have begun to show Your servant Your greatness and Your strong hand, for who is [like] God in heaven or on earth who can do as Your deeds and Your might? כדאֲדֹנָי יֱהֹוִה אַתָּה הַחִלּוֹתָ לְהַרְאוֹת אֶת עַבְדְּךָ אֶת גָּדְלְךָ וְאֶת יָדְךָ הַחֲזָקָה אֲשֶׁר מִי אֵל בַּשָּׁמַיִם וּבָאָרֶץ אֲשֶׁר יַעֲשֶׂה כְמַעֲשֶׂיךָ וְכִגְבוּרֹתֶךָ:
O Lord God: O You Who are merciful (ה׳) in judgment (אלהים) . ה' אלהים: רחום בדין:
You have begun to show Your servant: An opening for standing and offering prayer even though the decree has been fixed. He [Moses] said to Him: “I learned [this] from You. You said to me, 'And now leave Me alone’” (Exod. 32: 10). Was I holding You? However, You said this to open the door [as it were and to teach me] that it depended upon me [i.e., my choice whether] to pray for them [or to leave You alone]. So do I think to act now (Sifrei). אתה החלות להראות את עבדך: פתח להיות עומד ומתפלל, אף על פי שנגזרה גזירה. אמר לו ממך למדתי, שאמרת לי (שמות לב י) ועתה הניחה לי, וכי תופס הייתי בך, אלא לפתוח פתח, שבי תלוי להתפלל עליהם, כמו כן הייתי סבור לעשות עכשיו:
Your greatness: This is the attribute of Your goodness. Similarly, it states: “And now, pray, let the strength of my Lord be great” (Num. 14:17-18). את גדלך: זו מדת טובך וכן הוא אומר (במדבר יד יז) ועתה יגדל נא כח ה':
Your… hand: This is Your right hand which is extended to [accept the repentance of] all who come into the world. ואת ידך: זו ימינך, שהיא פשוטה לכל באי עולם:
strong [hand]: [The hand is called strong] because by Your mercy, You forcibly subdue the attribute of strict judgment. (Sifrei on Number 27:12) החזקה: שאתה כובש ברחמים את מדת הדין החזקה:
For who is [like] God [… who can do as Your deeds]: You cannot be compared to a king of flesh and blood who has advisors and associates who restrain him when he wishes to act with kindness and to forego his regulations. You, however, have no one to prevent you from forgiving me and annulling Your decree. The simple meaning of the verse is: You have begun to show Your servant the battle of Sihon and Og, as it is written:“Behold, I have begun to deliver [Sihon and his land] before you” (2:31). Show me [also] the war of the thirty-one kings [of Canaan]. [See Josh. 12:7-24.] אשר מי אל וגו': אינך דומה למלך בשר ודם, שיש לו יועצין וסנקתדרין הממחין בידו כשרוצה לעשות חסד ולעבור על מדותיו, אתה אין מי ימחה בידך אם תמחול לי נתבטל גזירתך. ולפי פשוטו אתה החלות להראות את עבדך מלחמת סיחון ועוג, כדכתיב (דברים ב לא) ראה החלותי תת לפניך, הראני מלחמת שלושים ואחד מלכים:
25Pray let me cross over and see the good land that is on the other side of the Jordan, this good mountain and the Lebanon." כהאֶעְבְּרָה נָּא וְאֶרְאֶה אֶת הָאָרֶץ הַטּוֹבָה אֲשֶׁר בְּעֵבֶר הַיַּרְדֵּן הָהָר הַטּוֹב הַזֶּה וְהַלְּבָנֹן:
Pray let me cross over: Heb. אֶעְבְּרָה נָא. [The word] נָא is nothing but an expression of request. אעברה נא: אין נא אלא לשון בקשה:
this good mountain: This is Jerusalem. ההר הטוב הזה: זו ירושלים:
and the Lebanon: This is the Temple (Sifrei). והלבנון: זה בית המקדש:
26But the Lord was angry with me because of you, and He did not listen to me, and the Lord said to me, "It is enough for you; speak to Me no more regarding this matter. כווַיִּתְעַבֵּר יְהֹוָה בִּי לְמַעַנְכֶם וְלֹא שָׁמַע אֵלָי וַיֹּאמֶר יְהֹוָה אֵלַי רַב לָךְ אַל תּוֹסֶף דַּבֵּר אֵלַי עוֹד בַּדָּבָר הַזֶּה:
But the Lord was angry: Heb. וַיִּתְעַבֵּר ה׳ [The hithpa’el conjugation denotes that] He became filled with wrath (Sifrei). ויתעבר ה': נתמלא חמה:
because of you: You caused it for me. Similarly, it states:“They provoked [God] by the waters of Meribah, and Moses suffered because of them” (Ps. 106:32). למענכם: בשבילכם, אתם גרמתם לי. וכן הוא אומר (תהלים קו לב) ויקציפו על מי מריבה וירע למשה בעבורם:
It is enough for you: Heb. רַב-לָךְ [interpreted as:“you have a master רַב.” I.e., pray no more], so that people should not say,“How hard is the Master, and how obstinate and pressing is the disciple!” (Sotah 13b) Another explanation of רַב-לָךְ [explained as “you have much”]: More than this is reserved for you: Much is the goodness that is kept for you. (Sifrei) רב לך: שלא יאמרו הרב כמה קשה והתלמיד כמה סרבן ומפציר. דבר אחר רב לך הרבה מזה שמור לך, רב טוב הצפון לך:
27Go up to the top of the hill and lift up your eyes westward and northward and southward and eastward and see with your eyes, for you shall not cross this Jordan. כזעֲלֵה | רֹאשׁ הַפִּסְגָּה וְשָׂא עֵינֶיךָ יָמָּה וְצָפֹנָה וְתֵימָנָה וּמִזְרָחָה וּרְאֵה בְעֵינֶיךָ כִּי לֹא תַעֲבֹר אֶת הַיַּרְדֵּן הַזֶּה:
and see with your eyes: You requested of Me “Let me… see the good land” (verse 25). I am showing you all of it, as it says: “And the Lord showed him all the Land” (Deut. 34:1). וראה בעיניך: בקשת ממני (פסוק כה) ואראה את הארץ הטובה, אני מראה לך את כולה שנאמר (דברים לד, א) ויראהו ה' את כל הארץ:
28But command Joshua and strengthen him and encourage him, for he will cross over before this people, and he will make them inherit the land which you will see. כחוְצַו אֶת יְהוֹשֻׁעַ וְחַזְּקֵהוּ וְאַמְּצֵהוּ כִּי הוּא יַעֲבֹר לִפְנֵי הָעָם הַזֶּה וְהוּא יַנְחִיל אוֹתָם אֶת הָאָרֶץ אֲשֶׁר תִּרְאֶה:
But command Joshua: regarding the bother, the burdens and the quarrels [inherent in leadership]. וצו את יהושע: על הטרחות ועל המשאות ועל הריבות:
and strengthen him and encourage him: with your words, so that he will not be discouraged, saying, “Just as my teacher was punished, so will I be punished because of them.” I assure him [says God] that he will cross over [before this people] and he will make [them] inherit [the land]. (cf. Sifrei) וחזקהו ואמצהו: בדבריך, שלא ירך לבו לומר כשם שנענש רבי עליהם כך סופי ליענש עליהם, מבטיחו אני כי הוא יעבור והוא ינחיל:
for he will cross: If he crosses before them, they will inherit the land, and if not, they will not inherit [it]. So, indeed, we find that when Joshua sent some of the people against Ai and he remained behind,“the men of Ai smote of them” (Josh. 7:5). And when he fell on his face, God said to him, קוּם-לָךְ : written קֻם [without a “vav”, so that it may be read קָם], i.e., it is you standing in your place and sending My children out to war [that brought about this defeat]. Why do you fall on your face? Did I not tell this to your master, Moses, “If he [Joshua] crosses, they will cross, but if not, they will not cross”? (Sifrei) כי הוא יעבור: אם יעבור לפניהם ינחלו, ואם לאו לא ינחלו. וכן אתה מוצא כששלח מן העם אל העי והוא ישב (יהושע ז ה) ויכו מהם אנשי העי וגו' (שם ז, י), וכיון שנפל על פניו אמר לו קום לך. קם לך כתיב, אתה הוא העומד במקומך ומשלח את בני למלחמה, למה זה אתה נופל על פניך, לא כך אמרתי למשה רבך אם הוא עובר עוברין, ואם לאו אין עוברין:
29And we abided in the valley opposite Beth Peor. כטוַנֵּשֶׁב בַּגָּיְא מוּל בֵּית פְּעוֹר:
And we abided in the valley: [opposite Beth Peor]-and you attached yourselves to idol worship. Nevertheless,“And now, O Israel, hearken to the statutes” (4:1), and you will be forgiven for everything. But I was not privileged to be forgiven (Sifrei). ונשב בגיא וגו': ונצמדתם לעבודה זרה ואף על פי כן (דברים ד, א) ועתה ישראל שמע אל החקים והכל מחול לך ואני לא זכיתי לימחל לי:
Chapter 4
1And now, O Israel, hearken to the statutes and to the judgments which I teach you to do, in order that you may live, and go in and possess the land which the Lord, God of your forefathers, is giving you. אוְעַתָּה יִשְׂרָאֵל שְׁמַע אֶל הַחֻקִּים וְאֶל הַמִּשְׁפָּטִים אֲשֶׁר אָנֹכִי מְלַמֵּד אֶתְכֶם לַעֲשׂוֹת לְמַעַן תִּחְיוּ וּבָאתֶם וִירִשְׁתֶּם אֶת הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֵי אֲבֹתֵיכֶם נֹתֵן לָכֶם:
2Do not add to the word which I command you, nor diminish from it, to observe the commandments of the Lord your God which I command you. בלֹא תֹסִפוּ עַל הַדָּבָר אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם וְלֹא תִגְרְעוּ מִמֶּנּוּ לִשְׁמֹר אֶת מִצְוֹת יְהֹוָה אֱלֹהֵיכֶם אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם:
Do not add: for instance, by inserting five sections into the tefillin [instead of four], by using five species for the [commandment of] lulav [on Succoth] instead of four], or by attaching five fringes [instead of four]. And so too, וְלֹא תִגְרְעוּ nor diminish [from it i.e., three instead of four]. לא תספו: כגון חמש פרשיות בתפילין חמשת מינין בלולב וחמש ציציות, וכן ולא תגרעו:
3Your eyes have seen what the Lord did at Baal Peor, for every man who went after Baal Peor, the Lord your God has exterminated from your midst. געֵינֵיכֶם הָרֹאוֹת אֵת אֲשֶׁר עָשָׂה יְהֹוָה בְּבַעַל פְּעוֹר כִּי כָל הָאִישׁ אֲשֶׁר הָלַךְ אַחֲרֵי בַעַל פְּעוֹר הִשְׁמִידוֹ יְהֹוָה אֱלֹהֶיךָ מִקִּרְבֶּךָ:
4But you who cleave to the Lord your God are alive, all of you, this day. דוְאַתֶּם הַדְּבֵקִים בַּיהֹוָה אֱלֹהֵיכֶם חַיִּים כֻּלְּכֶם הַיּוֹם:Daily Tehillim: Psalms Chapters 55 - 59
• Chapter 55
• Lessons in Tanya
• Sunday, Menachem Av 10, 5775 · July 26, 2015
Rambam:
• Sefer Hamitzvos:Sunday, Menachem Av 10, 5775 · July 26, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 98
Ritual Impurity of Food and Drink
We are commanded regarding food and drink that have contracted ritual impurity. [I.e., one must follow all the laws associated with this impurity.]
• 1 Chapter: Ishut Ishut - Chapter Eighteen
Hayom Yom:
• Sunday, Menachem Av 10, 5775 · 26 July 2015
"Today's Day"
Wednesday Menachem Av 10 5703
Torah lessons: Chumash: Va'etchanan, Revi'i with Rashi.
Tehillim: 55-59.
Tanya: Upon his arrival (p. 395) ...the face..." (p. 397).
From what my grandfather related:
a) Originally the epistle Katonti1 ended with the words "restrained spirit etc." Later, our Great Rabbi (the Alter Rebbe) delivered the maamar "As water reflects the face etc." three times in Lyozna, following the interpretation of Rashi2 and not of Targum.3 After that he made an addition to the epistle Katonti as follows: And maybe, through all that, G-d will give it into the heart of their brethren that "as water (reflects) the face" etc. With this he implanted fine character traits in the chassidim.
b) Had the Rebbe not inserted the three words b'midat emet leYaakov ("according to the attribute of Truth unto Yaakov")4, he would have attracted fifty thousand more chassidim. But the Rebbe demands the trait of truth.
FOOTNOTES
1. "I have become small..."; second letter in Igeret Hakodesh, written by the Alter Rebbe on his return from his arrest in Petersburg (in 5559).
2. Mishlei 27:19. As water reflects the face so one's heart reflects the feelings of the other's heart.
3. Ibid. As waters differ so do men's hearts.
4. Following the exhortation to the chassidim that "they are to subdue their spirit and heart before everyone."
Chumash: Va'etchanan, 1st Portion Deuteronomy 3:23-4:4 with Rashi
• Chapter 3
23I entreated the Lord at that time, saying, כגוָאֶתְחַנַּן אֶל יְהֹוָה בָּעֵת הַהִוא לֵאמֹר:
I entreated: Heb. וָאֶתְחַנַּן [The word] חִנּוּן [and its derivatives] in all cases is an expression signifying [requesting] a free gift. Even though the righteous may base a request on the merit of their good deeds, they request only a free gift of the Omnipresent. Because God had said to him [Moses],“and I will favor (וְחַנֹּתִי) when I wish to favor (אָחֹן)” (Exod. 33:19), he [Moses], he spoke to Him [God], using the expression וָאֶתְחַנַּן. Another explanation: This (חִנּוּן) is one of ten terms which denote prayer (Sifrei). ואתחנן: אין חנון בכל מקום אלא לשון מתנת חנם. אף על פי שיש להם לצדיקים לתלות במעשיהם הטובים, אין מבקשים מאת המקום אלא מתנת חנם. לפי שאמר לו (שמות לג יט) וחנותי את אשר אחון, אמר לו בלשון ואתחנן. דבר אחר זה אחד מעשרה לשונות שנקראת תפלה, כדאיתא בספרי:
at that time: After I had conquered the land of Sihon and Og, I thought that perhaps the vow [which God had made, that I should not enter the land] was nullified, [since the land I entered was part of the land of Canaan]. בעת ההיא: לאחר שכבשתי ארץ סיחון ועוג דמיתי שמא הותר הנדר:
saying: This is one of three occasions in which Moses said before the Omnipresent,“I will not let You go until You let me know whether or not You will grant my request” (Sifrei). לאמר: זה אחד משלש מקומות שאמר משה לפני המקום איני מניחך עד שתודיעני אם תעשה שאלתי אם לאו:
24"O Lord God, You have begun to show Your servant Your greatness and Your strong hand, for who is [like] God in heaven or on earth who can do as Your deeds and Your might? כדאֲדֹנָי יֱהֹוִה אַתָּה הַחִלּוֹתָ לְהַרְאוֹת אֶת עַבְדְּךָ אֶת גָּדְלְךָ וְאֶת יָדְךָ הַחֲזָקָה אֲשֶׁר מִי אֵל בַּשָּׁמַיִם וּבָאָרֶץ אֲשֶׁר יַעֲשֶׂה כְמַעֲשֶׂיךָ וְכִגְבוּרֹתֶךָ:
O Lord God: O You Who are merciful (ה׳) in judgment (אלהים) . ה' אלהים: רחום בדין:
You have begun to show Your servant: An opening for standing and offering prayer even though the decree has been fixed. He [Moses] said to Him: “I learned [this] from You. You said to me, 'And now leave Me alone’” (Exod. 32: 10). Was I holding You? However, You said this to open the door [as it were and to teach me] that it depended upon me [i.e., my choice whether] to pray for them [or to leave You alone]. So do I think to act now (Sifrei). אתה החלות להראות את עבדך: פתח להיות עומד ומתפלל, אף על פי שנגזרה גזירה. אמר לו ממך למדתי, שאמרת לי (שמות לב י) ועתה הניחה לי, וכי תופס הייתי בך, אלא לפתוח פתח, שבי תלוי להתפלל עליהם, כמו כן הייתי סבור לעשות עכשיו:
Your greatness: This is the attribute of Your goodness. Similarly, it states: “And now, pray, let the strength of my Lord be great” (Num. 14:17-18). את גדלך: זו מדת טובך וכן הוא אומר (במדבר יד יז) ועתה יגדל נא כח ה':
Your… hand: This is Your right hand which is extended to [accept the repentance of] all who come into the world. ואת ידך: זו ימינך, שהיא פשוטה לכל באי עולם:
strong [hand]: [The hand is called strong] because by Your mercy, You forcibly subdue the attribute of strict judgment. (Sifrei on Number 27:12) החזקה: שאתה כובש ברחמים את מדת הדין החזקה:
For who is [like] God [… who can do as Your deeds]: You cannot be compared to a king of flesh and blood who has advisors and associates who restrain him when he wishes to act with kindness and to forego his regulations. You, however, have no one to prevent you from forgiving me and annulling Your decree. The simple meaning of the verse is: You have begun to show Your servant the battle of Sihon and Og, as it is written:“Behold, I have begun to deliver [Sihon and his land] before you” (2:31). Show me [also] the war of the thirty-one kings [of Canaan]. [See Josh. 12:7-24.] אשר מי אל וגו': אינך דומה למלך בשר ודם, שיש לו יועצין וסנקתדרין הממחין בידו כשרוצה לעשות חסד ולעבור על מדותיו, אתה אין מי ימחה בידך אם תמחול לי נתבטל גזירתך. ולפי פשוטו אתה החלות להראות את עבדך מלחמת סיחון ועוג, כדכתיב (דברים ב לא) ראה החלותי תת לפניך, הראני מלחמת שלושים ואחד מלכים:
25Pray let me cross over and see the good land that is on the other side of the Jordan, this good mountain and the Lebanon." כהאֶעְבְּרָה נָּא וְאֶרְאֶה אֶת הָאָרֶץ הַטּוֹבָה אֲשֶׁר בְּעֵבֶר הַיַּרְדֵּן הָהָר הַטּוֹב הַזֶּה וְהַלְּבָנֹן:
Pray let me cross over: Heb. אֶעְבְּרָה נָא. [The word] נָא is nothing but an expression of request. אעברה נא: אין נא אלא לשון בקשה:
this good mountain: This is Jerusalem. ההר הטוב הזה: זו ירושלים:
and the Lebanon: This is the Temple (Sifrei). והלבנון: זה בית המקדש:
26But the Lord was angry with me because of you, and He did not listen to me, and the Lord said to me, "It is enough for you; speak to Me no more regarding this matter. כווַיִּתְעַבֵּר יְהֹוָה בִּי לְמַעַנְכֶם וְלֹא שָׁמַע אֵלָי וַיֹּאמֶר יְהֹוָה אֵלַי רַב לָךְ אַל תּוֹסֶף דַּבֵּר אֵלַי עוֹד בַּדָּבָר הַזֶּה:
But the Lord was angry: Heb. וַיִּתְעַבֵּר ה׳ [The hithpa’el conjugation denotes that] He became filled with wrath (Sifrei). ויתעבר ה': נתמלא חמה:
because of you: You caused it for me. Similarly, it states:“They provoked [God] by the waters of Meribah, and Moses suffered because of them” (Ps. 106:32). למענכם: בשבילכם, אתם גרמתם לי. וכן הוא אומר (תהלים קו לב) ויקציפו על מי מריבה וירע למשה בעבורם:
It is enough for you: Heb. רַב-לָךְ [interpreted as:“you have a master רַב.” I.e., pray no more], so that people should not say,“How hard is the Master, and how obstinate and pressing is the disciple!” (Sotah 13b) Another explanation of רַב-לָךְ [explained as “you have much”]: More than this is reserved for you: Much is the goodness that is kept for you. (Sifrei) רב לך: שלא יאמרו הרב כמה קשה והתלמיד כמה סרבן ומפציר. דבר אחר רב לך הרבה מזה שמור לך, רב טוב הצפון לך:
27Go up to the top of the hill and lift up your eyes westward and northward and southward and eastward and see with your eyes, for you shall not cross this Jordan. כזעֲלֵה | רֹאשׁ הַפִּסְגָּה וְשָׂא עֵינֶיךָ יָמָּה וְצָפֹנָה וְתֵימָנָה וּמִזְרָחָה וּרְאֵה בְעֵינֶיךָ כִּי לֹא תַעֲבֹר אֶת הַיַּרְדֵּן הַזֶּה:
and see with your eyes: You requested of Me “Let me… see the good land” (verse 25). I am showing you all of it, as it says: “And the Lord showed him all the Land” (Deut. 34:1). וראה בעיניך: בקשת ממני (פסוק כה) ואראה את הארץ הטובה, אני מראה לך את כולה שנאמר (דברים לד, א) ויראהו ה' את כל הארץ:
28But command Joshua and strengthen him and encourage him, for he will cross over before this people, and he will make them inherit the land which you will see. כחוְצַו אֶת יְהוֹשֻׁעַ וְחַזְּקֵהוּ וְאַמְּצֵהוּ כִּי הוּא יַעֲבֹר לִפְנֵי הָעָם הַזֶּה וְהוּא יַנְחִיל אוֹתָם אֶת הָאָרֶץ אֲשֶׁר תִּרְאֶה:
But command Joshua: regarding the bother, the burdens and the quarrels [inherent in leadership]. וצו את יהושע: על הטרחות ועל המשאות ועל הריבות:
and strengthen him and encourage him: with your words, so that he will not be discouraged, saying, “Just as my teacher was punished, so will I be punished because of them.” I assure him [says God] that he will cross over [before this people] and he will make [them] inherit [the land]. (cf. Sifrei) וחזקהו ואמצהו: בדבריך, שלא ירך לבו לומר כשם שנענש רבי עליהם כך סופי ליענש עליהם, מבטיחו אני כי הוא יעבור והוא ינחיל:
for he will cross: If he crosses before them, they will inherit the land, and if not, they will not inherit [it]. So, indeed, we find that when Joshua sent some of the people against Ai and he remained behind,“the men of Ai smote of them” (Josh. 7:5). And when he fell on his face, God said to him, קוּם-לָךְ : written קֻם [without a “vav”, so that it may be read קָם], i.e., it is you standing in your place and sending My children out to war [that brought about this defeat]. Why do you fall on your face? Did I not tell this to your master, Moses, “If he [Joshua] crosses, they will cross, but if not, they will not cross”? (Sifrei) כי הוא יעבור: אם יעבור לפניהם ינחלו, ואם לאו לא ינחלו. וכן אתה מוצא כששלח מן העם אל העי והוא ישב (יהושע ז ה) ויכו מהם אנשי העי וגו' (שם ז, י), וכיון שנפל על פניו אמר לו קום לך. קם לך כתיב, אתה הוא העומד במקומך ומשלח את בני למלחמה, למה זה אתה נופל על פניך, לא כך אמרתי למשה רבך אם הוא עובר עוברין, ואם לאו אין עוברין:
29And we abided in the valley opposite Beth Peor. כטוַנֵּשֶׁב בַּגָּיְא מוּל בֵּית פְּעוֹר:
And we abided in the valley: [opposite Beth Peor]-and you attached yourselves to idol worship. Nevertheless,“And now, O Israel, hearken to the statutes” (4:1), and you will be forgiven for everything. But I was not privileged to be forgiven (Sifrei). ונשב בגיא וגו': ונצמדתם לעבודה זרה ואף על פי כן (דברים ד, א) ועתה ישראל שמע אל החקים והכל מחול לך ואני לא זכיתי לימחל לי:
Chapter 4
1And now, O Israel, hearken to the statutes and to the judgments which I teach you to do, in order that you may live, and go in and possess the land which the Lord, God of your forefathers, is giving you. אוְעַתָּה יִשְׂרָאֵל שְׁמַע אֶל הַחֻקִּים וְאֶל הַמִּשְׁפָּטִים אֲשֶׁר אָנֹכִי מְלַמֵּד אֶתְכֶם לַעֲשׂוֹת לְמַעַן תִּחְיוּ וּבָאתֶם וִירִשְׁתֶּם אֶת הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֵי אֲבֹתֵיכֶם נֹתֵן לָכֶם:
2Do not add to the word which I command you, nor diminish from it, to observe the commandments of the Lord your God which I command you. בלֹא תֹסִפוּ עַל הַדָּבָר אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם וְלֹא תִגְרְעוּ מִמֶּנּוּ לִשְׁמֹר אֶת מִצְוֹת יְהֹוָה אֱלֹהֵיכֶם אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם:
Do not add: for instance, by inserting five sections into the tefillin [instead of four], by using five species for the [commandment of] lulav [on Succoth] instead of four], or by attaching five fringes [instead of four]. And so too, וְלֹא תִגְרְעוּ nor diminish [from it i.e., three instead of four]. לא תספו: כגון חמש פרשיות בתפילין חמשת מינין בלולב וחמש ציציות, וכן ולא תגרעו:
3Your eyes have seen what the Lord did at Baal Peor, for every man who went after Baal Peor, the Lord your God has exterminated from your midst. געֵינֵיכֶם הָרֹאוֹת אֵת אֲשֶׁר עָשָׂה יְהֹוָה בְּבַעַל פְּעוֹר כִּי כָל הָאִישׁ אֲשֶׁר הָלַךְ אַחֲרֵי בַעַל פְּעוֹר הִשְׁמִידוֹ יְהֹוָה אֱלֹהֶיךָ מִקִּרְבֶּךָ:
4But you who cleave to the Lord your God are alive, all of you, this day. דוְאַתֶּם הַדְּבֵקִים בַּיהֹוָה אֱלֹהֵיכֶם חַיִּים כֻּלְּכֶם הַיּוֹם:Daily Tehillim: Psalms Chapters 55 - 59
• Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
Tanya: Iggeret HaKodesh, middle of Epistle 4• Lessons in Tanya
• Sunday, Menachem Av 10, 5775 · July 26, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 4
ומה שאין כל אדם זוכה למדרגה זו, לעבודה שבלב מעומקא דליבא בבחינת פנימיות
The reason that not every person merits this rank in the service of the heart —service from the depth of the heart in a state of pnimiyut —
היינו לפי שבחינה זו היא אצלו בבחינת גלות ושביה
is that within him this faculty is in a state of exile and captivity.
והיא בחינת גלות השכינה ממש
And this is actually the state of the exile of the Shechinah,
כי היא היא בחינת ניצוץ האלקות שבנפשו האלקית
for it is precisely the [Shechinah] which is the spark of Divinity that is in one’s Divine soul.
Thus, when the “spark” is in exile, the Shechinah is in exile as well. Moreover, being in exile, the spark cannot rouse the soul to serve G‑d with the loftier manner of love that stems from the innermost depths of the heart.
וסבת הגלות הוא מאמר רז״ל: גלו לבבל, שכינה עמהם
The cause of the exile of the Divine spark of the soul is,1 as in the words of our Sages, of blessed memory:2 “When [the Jewish people] were exiled to Babylon, the Shechinah went with them.”
In terms of the individual sparks of the soul this means that when a spark is in a state of “Babylon” — i.e., when an individual acts in a “Babylonian” manner — then the Shechinah is in exile together with him.
דהיינו, מפני שהלביש בחינת פנימית נקודת לבבו בזה לעומת זה
This is so because he has vested the innermost point of his heart in [that aspect of the universe which is] the opposing counterpart [to holiness],
דהיינו, בלבושים צואים דמילי דעלמא ותאות עולם הזה, הנקרא בשם בבל
namely, in the soiled garments — mundane matters and worldly desires — which are known as “Babylon”.
He has thereby banished the Divine spark within his soul — the personal Shechinah within himself, so to speak — to this all-pervasive “Babylon”.
והיא בחינת ערלה המכסה על הברית ונקודה הפנימית שבלב
This [exile] corresponds to the “foreskin” that covers the covenant and the innermost point of the heart.
ועל זה נאמר: ומלתם את ערלת לבבכם
Of this it is written,3 “And you shall excise the foreskin of your heart.”
In principle, the spiritual service of circumcision is that of repentance.4 With regard to exile our Sages teach that5 “if Israel repent they will be immediately redeemed.” Repentance thus leads to the redemption (on a personal scale) of the Divine spark within each individual soul, and (on a cosmic scale) of the Shechinah, from their respective exiles. In spiritual terms, the act of circumcision likewise removes a veil of concealment, and allows the innermost point of the heart to be revealed.
והנה במילה יש שני בחינות: מילה ופריעה
Now, in circumcision there are two stages: milah (“excision”) and periah(“uncovering”),
שהן ערלה גסה וקליפה דקה
[which remove respectively] the coarse foreskin and the thin membrane.
וכן בערלת הלב יש גם כן תאות גסות ודקות
With respect to the “foreskin” of the heart, which the Torah commands us similarly to circumcise, there are likewise coarse and subtle desires, corresponding to the two grades of skin.
מילה ופריעה
[These two grades of worldly desire respectively require] milah and periah,
ומל ולא פרע כאלו לא מל
and6 “if one performed milah (‘circumcision’) without periah (‘uncovering’), it is as if he had not circumcised,”
Just as this is the law with regard to actual circumcision, so too is it true when it comes to circumcising the desires of the heart: if a person removes only his coarse desires and does not proceed to remove the subtler ones as well, it is as if he had not circumcised his heart at all,
מפני שסוף סוף עדיין נקודת פנימית הלב היא מכוסה בלבוש שק דק
because, after all is said and done, the innermost point of the heart is still covered by a garment of thin sackcloth [of kelipah];
בבחינת גלות ושביה
it is in a state of exile and captivity.
And there it will remain — until the individual redeems it by performing a spiritual periah,and removing his subtler desires as well.
והנה על מילת הערלה ממש, כתיב: ומלתם את ערלת לבבכם, אתם בעצמכם
Now, concerning the excision of the foreskin itself it is written: “And you — yourselves — shall excise the foreskin of your heart.”
Each and every Jew is able to remove this himself, for repentance tears down the veil with which his desires obscure the innermost point of his heart.
אך להסיר הקליפה הדקה, זהו דבר הקשה על האדם
But the removal of the thin membrane is a difficult matter for man,
ועל זה נאמר בביאת המשיח: ומל ה׳ אלקיך את לבבך גו׳, לאהבה את ה׳ אלקיך בכל לבבך ובכל נפשך למען חייך
and of this it is written7 that with the coming of Mashiach, “The L‑rd your G‑d will circumcise your heart, to love the L‑rd your G‑d with all your heart and all your soul, for the sake of your life,”
כלומר, למען כי ה׳ לבדו הוא כל חייך ממש
because G‑d alone is literally your whole life.
In this state, the individual’s love of G‑d will not be a mere manifestation of his soul, but a love that constitutes his very life. And just as a person does not regard his life as being something apart from himself, so too will this love not be sensed as a distinct entity, but as an intrinsic component of himself.
שלכן אהבה זו היא מעומקא דליבא, מנקודה פנימית ממש כנ״ל, ולמעלה מבחינת הדעת
That is why this love, the love that follows the Divine excision of the heart’s thin membrane, stems from the depth of the heart, from the truly innermost point, as mentioned above, and transcends the faculty of Daat.
ולכן משיח בא בהיסח הדעת לכללות ישראל
Therefore, too, Mashiach will come when Israel in general are8 “caught unawares.”
והיא גילוי בחינת נקודה פנימית הכללית
[His coming] is the manifestation of the innermost point which is universal [to all Jews],
ויציאת השכינה הכללית מהגלות והשביה, לעד ולעולמי עולמים
and [likewise] the emergence of the universal Shechinah [of the entire community of Israel] from exile and captivity forever more.
Just as each individual’s Divine spark — his personal Shechinah, so to speak — is redeemed from captivity through means that transcend reason and Daat, in such a manner too will the universal Shechinah, and with it the entire House of Israel, be redeemed.
Thus, the ultimate circumcision of the heart, and in its wake the ultimate manifestation of the love of G‑d, will take place when Mashiach comes. Nevertheless, it is possible even now to liberate one’s personal Shechinah — one’s Divine spark — at least on a temporary basis, during the time of prayer. This the Alter Rebbe now goes on to say.
וכן כל ניצוץ פרטי מהשכינה שבנפש כל אחד מישראל
Similarly, every particular spark of the Shechinah, inherent in the soul of every individual Jew,
יוצאת מהגלות והשביה לפי שעה
emerges for the moment from exile and captivity
בחיי שעה, זו תפלה
during that9 “momentary life which is prayer” —
ועבודה שבלב מעומקא דלבא
during the service of his heart, from the depth of his heart,
מבחינת נקודה הפנימית הנגלית מהערלה
from the innermost point which becomes divested of the [concealing] “foreskin”—
ועולה למעלה לדבקה בו בתשוקה עזה
and soars upwards to cleave to Him with a fierce passion,
בבחינת למען חייך
in the spirit of the phrase, “for the sake of your life,” for the individual senses that G‑dliness is his entire life.
והוא גם כן בבחינת היסח דעת האדם
And [in] this, too — in this momentary deliverance of the innermost point of the heart during the service of prayer — a man may be considered to be in a state of hessech daat, “unaware” or “absentminded”, so to speak,
כי בחינה זו היא למעלה מדעת האדם והתבוננותו בגדולת ה׳
for this state, the state in which the Divine spark within man, his personal Shechinah, is momentarily revealed, transcends the Daat of man and his meditation on the greatness of G‑d.
רק היא בחינת מתנה נתונה מאת ה׳ מן השמים
Rather, it is a kind of gift granted by G‑d from heaven
מהארת בחינת פנים העליונים
from the radiation of the Supernal Countenance,
שכתוב: יאר ה׳ פניו אליך
as it is written,10 “May G‑d make His countenance shine upon you,”
וכמו שכתוב: ומל ה׳ אלקיך גו׳
and as it is written, “And the L‑rd, your G‑d, will circumcise i.e., remove the insensitivity of [your heart]” — and this is a state which exists even now on a temporary basis.
| FOOTNOTES | |
| 1. | “It would seem that the text should read, כמאמר — ‘as our Sages.’ ” ( — Note of the Rebbe.) |
| 2. | Megillah 29a. |
| 3. | Devarim 10:16. The same Hebrew word means both “excision” and “circumcision”. |
| 4. | See Sefer HaLikkutim Dach: Tzemach Tzedek, s.v. Milah. |
| 5. | Sanhedrin 98a; Rambam, Hilchot Teshuvah 7:5. |
| 6. | Mishnah, Shabbat 137b. |
| 7. | Devarim 30:6. |
| 8. | Sanhedrin 97a. The phrase היסח הדעת commonly implies that Daat is absent because it has been forgotten; the Alter Rebbe’s interpretation makes Daat absent because it has been transcended. |
| 9. | See Shabbat 10a. |
| 10. | Bamidbar 6:25. |
• Sefer Hamitzvos:Sunday, Menachem Av 10, 5775 · July 26, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 98
Ritual Impurity of Food and Drink
We are commanded regarding food and drink that have contracted ritual impurity. [I.e., one must follow all the laws associated with this impurity.]
Ritual Impurity of Food and Drink
Positive Commandment 98
Translated by Berel Bell
The 98th mitzvah is that we are commanded to rule according to the appropriate laws regarding the tumah of food and drink.1 This mitzvah includes all the laws of tumas ochlin u'mashkin.2
FOOTNOTES
1.Lev. 11:34.
2.See Hilchos Ochlin 1:1-4.
Ishut - Chapter Eighteen
Halacha 1
A widow is entitled to receive support from the estate [inherited by her husband's] heirs as long as she remains a widow, unless she collects [the money due her by virtue of] her ketubah.1 From the time she demands payment for her ketubah in court, however, she is no longer entitled to receive her subsistence.2
Similarly, if she sold [the rights to] her entire ketubah, gave them as security [for a loan] or made her ketubah an ipotiki for another person - i.e., she told him "Collect your debt from here" - she is not entitled to receive her subsistence from the heirs.3 [The above applies] whether these exchanges were made in a court of expert judges or outside a court, or whether they were made in her husband's lifetime or after his death.
Halacha 2
Just as the woman receives her subsistence from her husband's estate after his death, so, too, is she granted a wardrobe, household utensils and [the right to continue] living in the dwelling she lived in during her husband's lifetime.7 She may continue to make use of the pillows, spreads, servants and maidservants that she made use of during her husband's lifetime.
If the dwelling falls, the heirs are not required to rebuild it.8 [Even] if the widow asked, "Allow me to rebuild it at my own expense," she is not granted this option. Similarly, she may not repair it, nor have the walls sealed [and painted].
She must [continue to] dwell in it in the condition it [was in her husband's passing], or she must leave [and find other accommodations]. Should the heirs sell the dwelling in which a widow is living, their deed is of no consequence.
Halacha 3
If the dwelling [in which she was living fell] or her husband had been renting a dwelling, [the estate must] provide her with a dwelling appropriate to her social standing. Similarly, her subsistence and the wardrobe given her are granted according to her social standing.
If her husband's social standing exceeded her own, she is granted the above according to his social standing. For a woman's [social standing] ascends according to [her husband's] social standing, but does not descend [according to his]. [This applies] even after his death.
Halacha 4
[The widow is given her subsistence as a member of] the household at large. What is the intent of [the latter term]? When five people who would each require a kav of food when they eat alone [live] in the same house and eat together [their needs are reduced]. Four kabbim will be sufficient for them. The same applies with regard to other necessary household [supplies].
Therefore, if a widow says: "I will not leave my father's house. Ascertain the amount of support I deserve for my subsistence and give it to me there," the heirs have the right to tell her: "If you desire to dwell with us, you will receive [a full measure of] support. If not, we will give you only your share as a member of the household at large."
If she explains [that she desires not to live with them] because she is young, and they are young [and the situation would be immodest, her claim is accepted]. [The heirs are required] to provide her with support sufficient for her as she lives alone, while she lives in her father's home.
[Any money] remaining from [the funds granted for] the support of a widow or from her wardrobe belongs to the heirs.9
Halacha 5
[The following laws apply when] a widow becomes sick. If she requires medical treatment that is of an undefined nature, it is considered as support for her subsistence, and the heirs must provide her with it.10 If, however, she requires medical treatment of a limited nature, the treatment [should be paid for by deducting it] from [the money due her by virtue of] her ketubah.
If she is taken captive, the heirs are not required to redeem her. [This applies] even if she is a yevamah [and it is a mitzvah for her late husband's brother to marry her]. [Indeed,] even when she was taken captive during her husband's lifetime [and he was thus obligated to redeem her], if he dies while she is in captivity, there is no obligation to redeem her from his estate. Instead, she must be redeemed from her private funds, or she must collect [the money due her by virtue of] her ketubah and redeem herself.
Halacha 6
When a widow dies, her late husband's heirs are responsible for her burial. If, however, she had already taken the oath required of a widow [before collecting the money due her by virtue of her ketubah], her heirs inherit her ketubah, and they are required to bury her, and not her late husband's heirs.11
[Her late husband's] heirs are entitled to the income [from the work] of the widow. If the heirs tell the widow, "Take the income you generate in exchange for [receiving] your subsistence," their words are of no substance. If, however, she desires such an arrangement, she is given this prerogative.12
Halacha 7
All the household tasks that a wife performs on behalf of her husband, a widow must perform on behalf of his heirs, with the exception of pouring them drinks, making their beds and washing their face, hands and feet.13
Halacha 8
An ownerless article discovered by a widow and the benefit that accrues from the property that the woman brought to her husband's household belong to the woman herself; the heirs [to her husband's estate] have no right to them at all.14
Halacha 9
The property that [a woman brought to the household as] her nedunyah may be taken by the woman without her having to take an oath.15 The heirs to her husband's estate have no claim with regard to it, except if the nichsei tzon barzel have increased in value during her husband's lifetime. [In this instance,] the increase belongs to the husband16 [and is given to his heirs].
[Even] if a widow dies without taking the oath [required of her], her heirs inherit her nedunyah, even if it is nichsei tzon barzel. If, however, it has increased in value, the increase must go to her husband's heirs.
Halacha 10
When a woman seizes movable property [belonging to her husband's estate, so that she can sell it and use the money] for her subsistence, the property should not be removed from her possession.17 [This applies regardless of] whether she took possession of the movable property during her husband's lifetime or afterwards. Even if she takes possession of a talent of gold18 [it is not removed from her possession].
Instead, the court documents what she has taken into her possession and defines the amount she should be given for her subsistence. Calculations are made, and she is allowed to derive her subsistence from [the property] in her possession until she dies or until she is no longer entitled to support for her subsistence. [At that time,] the heirs are granted the remainder.
Halacha 11
Similarly, if she took possession of movable property during her husband's lifetime [to provide] for [the money due her by virtue of] her ketubah, she may collect [the money due her] from this [property after he dies]. If, however, she took possession of it after her husband's death [to provide] for [the money due her by virtue of] her ketubah, she may not collect [her due] from it.19
Halacha 12
20The geonim ordained that a woman may collect [the money due her by virtue of] her ketubah and every obligation due her as a stipulation of her ketubahfrom the movable property [in her husband's estate]. Based on this [provision], a woman may receive her subsistence from [the sale of] movable property [from her husband's estate].
Nevertheless, if her husband left movable property and she did not take possession of it, the heirs take possession of it, and they must provide her with her subsistence. She has no right to prevent them from taking possession, by saying: "Have the movable property held in the court [so that] I can derive my subsistence from it, lest it become depleted,21 and I will have no means of support." Even if an explicit stipulation was made [by her husband at the time her ketubah was composed] that she could derive her subsistence from this movable property, she cannot prevent [the heirs] from taking possession of it.22This is the ruling that is universally followed in all courts.
Halacha 13
If, however, her husband left landed property, she has the right to prevent the heirs from selling it. If they do sell it, however, she does not have the right to expropriate [the property] from the purchasers. A widow and a man's daughters may derive their subsistence only from the property that remains in his estate. [In this regard, they have no claim to property that was sold.]23
Halacha 14
If the deceased left many wives, they all have equal rights to receive their subsistence. [This applies] even when he married them one after the other. For the concept of a prior claim does not exist with regard to a claim for support.24
Halacha 15
[The following rules apply with regard to] a widow who has an obligation to marry a yavam.25 During the first three months,26 she derives her subsistence from her deceased husband's estate.27 If it can be determined that she is pregnant, or if it was known that she was pregnant when her husband died, she continues to derive her support [from his estate] until she gives birth. If she bears a viable child, she may continue to derive her subsistence throughout her widowhood as other women do.
If after three months have passed, it is [either] not evident that she is pregnant or she miscarries, she is not entitled to support from either her husband's estate or from her yavam. Instead, she must file a suit against her yavam either to marry her or [to free her of her obligation through] chalitzah.
Halacha 16
If she filed a suit against her yavam either to marry her or [to free her of her obligation through] chalitzah, he appeared in court and then fled or became ill, or if the yavam lives overseas,28 the woman is entitled to derive her support from the property of the yavam without taking any oath at all.29
Halacha 17
Halacha 18
Should a person designate a portion of land to be used for support of his wife after his death, by saying: "This particular place will be for [my wife's] support,"32 he has granted her additional rights with regard to her support.
If the income [from this land] is less than the support due her, she is entitled [to collect] the remainder from the other portions of his estate. If the income [from those portions of land] is less than the support due her, she is entitled to the entire amount.
If, however, he told her, "Your support will come from this particular place," and she remained silent,33 her sole source of support is the income from that particular place. [Her husband] has specificied [the source for] her support.
Halacha 19
There are those who have ruled that when a widow comes to the court to ask for support she should be allotted support without requiring her to take an oath.34 This ruling should not be followed; they have misunderstood [the situation, erroneously associating it with that of] a woman whose husband left on an overseas journey.35
My teachers36 ruled that she should not be allotted support until she takes an oath in court.37 For she is coming to collect from property in the possession of heirs, and anyone who collects property in the possession of heirs may do so only after an oath has been taken. My own conception [also] follows [this approach], and it is proper to rule accordingly.
Halacha 20
When a woman comes to the court to collect support for her subsistence, an oath is administered to her at the outset. The property is then sold without being publicized, and an allotment is made for her subsistence.38
Similarly, she is entitled to sell property for her subsistence without involving a court of expert judges; three trustworthy individuals are sufficient, and the sale need not be publicized. Similarly, if she sells property by herself for its appropriate value to provide for her subsistence, the sale is binding.39 When the heirs come and require her to take an oath, she must take the oath.
Halacha 21
How much property is sold to provide for her subsistence? Enough to provide for her support for six months,40 but not for longer than that. The sale is made on the condition that the purchaser give the widow an allotment for food every thirty days.41 Afterwards, another parcel of property is sold for another six months.
The property should continue to be sold in this manner until all that remains from the estate is [the money due her by virtue of] her ketubah. She should collect this sum and complete her dealings with the court.42
Halacha 22
When the court allots a widow support for her subsistence, they do not reckon the money she earns until the heirs come and demand it. [If such a demand is made,] and the woman has earned money, they are entitled to it. If not, they have no further claim against her.
I maintain [however] that if the heirs are below majority, the court should make a reckoning with the widow with regard to [her income].43 Just as she is allotted a subsistence, the court declares that her income [should be given to the orphans].
Halacha 23
When a widow does not manifest possession of her ketubah, she is not granted money for her subsistence. [The rationale is that] perhaps she waived herketubah [in favor of her husband] or sold it or gave it as security [for a loan].44
Even when the heir[s] do not issue such a claim against her, the court makes this claim on their behalf and tells her: "Bring your ketubah, take the required oath and collect [the money for] your subsistence." [This law applies] unless it is not customary [in a particular locale] to compose a document recording theketubah.45
Halacha 24
[The following laws apply when] a woman and her husband traveled overseas, and she returned, claiming [her husband] died. If she desires, she is entitled to receive her subsistence from her husband's estate, as are other widows. If she desires, she may collect [the money due her by virtue of] her ketubah.46
If she claims, "My husband divorced me," her word is not accepted.47 She is, however, entitled to derive her subsistence from his estate until she receives a sum equal to [the money due her by virtue of] her ketubah. [The rationale is] that if she is still his wife, she is entitled to receive her subsistence [from his holdings]. If he divorced her, she is entitled to receive [the money due her by virtue of] her ketubah, [provided] she manifests possession of her ketubah. Therefore, she may collect the support for her subsistence until she receives [the money due her by virtue of] her ketubah. [From this point on,] she has completed her dealings with the court.
Halacha 25
[The following laws apply when] there is doubt whether a woman was divorced, and her husband died [afterwards]. She is not entitled to receive her subsistence from his estate, for property cannot be expropriated from an heir on the basis of a doubtful claim.48 During her husband's lifetime, by contrast, she is entitled to her subsistence until she is divorced in a complete and binding manner.49
Halacha 26
If a poor50 widow waits two years before she sues for support - or if a rich widow waits three years - it can be assumed that she has waived her claim to support for the previous years.51Therefore, she is not granted support for that period. From the time she issues a claim onward, however, she is entitled to support.
If, however, she waited even one day less [before presenting her claim], she is not considered to have waived her claim, and she may collect her support for the previous years.
Halacha 27
[The following rules apply when] a widow demands support for her subsistence from the heirs, and they claim to have paid her, while she claims that she did not receive payment. Until she remarries, the burden of proof is on the orphans. [If they do not support their claim], the widow is entitled to take a rabbinical oath and collect the money due her.52 If she has already remarried, the burden of proof is upon her. [If she does not support her claim,] the heirs are entitled to take a rabbinic oath that they paid her [and are freed of obligation].53
Halacha 28
The laws governing the extra sum added by the husband to the ketubah are the same as those governing the fundamental requirement of the ketubah. Therefore, if a widow demands payment of this additional amount - or sells it, waives payment of it [in favor of her husband] or gives it as security - together with the fundamental requirement of the ketubah, she is not entitled to support for her subsistence.
If she demanded payment for a portion and left a portion uncollected,54 it is as if she demanded payment for a portion of the fundamental requirement of theketubah and left a portion uncollected.55
Whenever a woman sells or waives payment of her ketubah without making any further specification, she is considered to have sold or waived this additional amount together with the fundamental requirement of the ketubah. For the termketubah is universally used to refer to both these items.
| FOOTNOTES | |
| 1. |
Rashi (Gittin 35a) states that as long as the widow does not contemplate remarriage, she is showing honor to her deceased husband, and therefore our Sages ordained that she should receive her subsistence from his estate. However, by demanding payment of the money due her by virtue of her ketubah, she indicates that she is seeking to remarry. From that time onward, her deceased husband's estate is no longer obligated to support her.
The option whether to continue receiving her subsistence or to demand payment of the money due her by virtue of her ketubah is hers. The heirs cannot compel her to receive the money due her by virtue of her ketubah and cease giving her support (Ketubot 95b; Maggid Mishneh).
|
| 2. |
The Beit Shmuel 93:13 explains that if the woman asks for payment of the money due her by virtue of her ketubah, and the heirs refuse to pay her or are unable to do so, she is still entitled to support.
|
| 3. |
In all these instances, it is considered as if she has already collected the money due her by virtue of her ketubah.
|
| 4. |
In this instance, however, the heirs have the right to pay her the remainder of the money due her by virtue of her ketubah, and thus prevent her from continuing to collect her subsistence from the estate. If this provision were not granted, every widow would collect all the money due her by virtue of her ketubah except for the final p'rutah, and continue to receive support (Rabbenu Asher, quoted by the Shulchan Aruch, Even HaEzer 93:10.).
|
| 5. |
In the present age, this law applies even when the woman has merely become engaged to a new husband (Beit Yosef, Even HaEzer 93, as quoted by the Ramah, Even HaEzer 93:7).
|
| 6. |
Even if she has not collected the money due her by virtue of her ketubah.
|
| 7. |
Nevertheless, the dwelling becomes the property of the heirs, and they are also entitled to live there. The widow is, however, granted a place of dignity in the household (Maggid Mishneh; Ramah, Even HaEzer 94:1).
|
| 8. |
Nor are they required to give her a room in it if they rebuild it themselves. Instead, they may rent her a different dwelling, as stated in the following halachah.
|
| 9. |
The Ra'avad differs with the Rambam and maintains that these funds are granted to the widow, but the Shulchan Aruch (Even HaEzer 95:5) follows the Rambam's ruling.
|
| 10. |
The heirs may, however, fix a price with the physician for the widow's treatment, and then she becomes responsible for the financial burden (Ketubot 52b; Shulchan Aruch, Even HaEzer 79:2).
|
| 11. |
The rationale is, as stated in Chapter 12, Halachah 4, that the burial of the woman was granted her in return for the husband's right to inherit her ketubah. If her heirs can collect the money due her by virtue of her ketubah, they are required to bury her. If not, since the money for her ketubahremains within the husband's estate, his heirs are responsible for her burial.
Although this is the Rambam's view, the Ra'avad and Rabbenu Nissim do not accept it. TheShulchan Aruch (Even HaEzer 89:4) mentions the Rambam's view and states that it was not accepted by the other authorities.
|
| 12. |
The same laws apply with regard to her husband during his lifetime, as stated in Chapter 12, Halachah 4.
|
| 13. |
These tasks are acts of endearment, appropriate only for a wife to her husband.
|
| 14. |
Although a husband is granted these rights (Chapter 12, Halachah 3), his heirs are not. The husband is granted the rights to the objects his wife finds so that strife will not arise between them. That rationale is not considered with regard to his heirs (Ketubot 96a).
With regard to the rights to her property: as mentioned in Chapter 12, Halachah 4, our Sages associated the rights to a woman's property with her redemption from captivity. Since the heirs are not obligated to redeem her, they are not entitled to this privilege.
|
| 15. |
The property that a woman brings to her household belongs to her. Her husband has merely the right to derive benefit from it; he is not the owner. With regard to this property, she is treated like any of the other creditors of the estate, and no oath is required of her.
|
| 16. |
Nichsei tzon barzel is property that the husband has had evaluated, and it is the value of the article for which he obligates himself or his estate. Nevertheless, if the property itself exists, it is given to the woman. If the property has increased in value, however, the husband - and therefore his heirs - are entitled to the increase.
The Maggid Mishneh and the Shulchan Aruch (Even HaEzer 96:1) state that this law refers only in an instance where the property that the woman brought to the household - or an article exchanged for it - is still intact. Otherwise, she is required to take an oath before collecting the money paid in lieu of the property.
|
| 17. |
Although the movable property in her husband's estate is not under lien for her subsistence, it is not taken away from her if she takes possession of it. As the Kessef Mishneh emphasizes, the above applies with regard to the Talmudic era. As stated in the following halachah, it is customary at present to consider movable property as under lien to all a husband's obligations.
There are some Rishonim who differ with the Rambam and equate the provisions for the widow's subsistence with the collection of the money due her by virtue of her ketubah. (See the following halachah.) The Shulchan Aruch (Even HaEzer 93:20) follows the Rambam's view.
|
| 18. |
I.e., a sum that will last far longer than thirty days - the length of time for which the court sells property to provide her with her subsistence - or perhaps more than the worth of the woman's entire ketubah.
|
| 19. |
Instead, it must be returned to the heirs.
Tosafot (Ketubot 96a) explains the distinction between a woman's taking possession of movable property to collect for her subsistence and the collection of the money due her by virtue of herketubah as follows. Our Sages ordained that a woman may collect the money due her by virtue of her ketubah from property that had belonged to her husband and was sold. Therefore, it is likely that the woman will ultimately receive her due. As such, she is required to return the movable property. With regard to her subsistence, however, no such provision was made. Hence, she is given an alternative, to take possession of movable property.
As explained in the following note, according to the Kessef Mishneh and others this law describes the practices of the Talmudic age and not those of the present era.
|
| 20. |
K'nesset HaGedolah explains that, contrary to the standard published texts of the Mishneh Torah, Halachah 12 begins here. This is not a continuation of the previous halachah, because there is a difference with regard to the laws governing movable property between the practices of the Talmudic age and those of the present era.
|
| 21. |
For if the heirs sell it, the woman has no claim to the proceeds of the sale, nor may she expropriate the property from the purchasers. Similarly, if the heirs destroy the movable property, she has no claim against them. From an ethical perspective, however, the heirs are enjoined not to sell this movable property.
|
| 22. |
The Chelkat Mechokek 93:36 states that if a specific clause was included in the ketubahregarding this matter, although the widow cannot nullify the sale she has a right to receive her subsistence from its proceeds.
|
| 23. |
The Rashba states that if a clause was added to the ketubah specifically stating that the woman has the right to collect her subsistence from movable property after her husband's death, then she is allowed to expropriate the landed property from the purchasers (Maggid Mishneh; Ramah, Even HaEzer 93:21).
|
| 24. |
Our translation is based on manuscripts and early printings of the Mishneh Torah. The standard printed texts substitute "movable property" for "claim for support." Apparently, this version reached the Ra'avad who objects, and states - as is the halachah - that the principle applies with regard to landed property as well.
|
| 25. |
I.e., her husband died childless, and he had a brother who is commanded to marry his widow.
|
| 26. |
This time period is granted in order to determine whether the woman was made pregnant by her husband before he died. If three months pass without pregnancy becoming noticeable, we can assume that a child was not conceived.
|
| 27. |
Until she gives birth or miscarries, she is not entitled to remarry, lest she become bound by the obligation of yibbum. Since it is because of her husband that she may not remarry, his estate is required to provide for her (Rashi, Yevamot 41b).
|
| 28. |
The Maggid Mishneh states that the latter two clauses - that the yavam became sick or that he lived overseas - apply also only if the yavam had previously appeared in court. If, however, he has never appeared in court, he is not under any obligation.
The Shulchan Aruch (Even HaEzer 160:1) follows the opinion of Rabbenu Asher, who states that the yavam is obligated to support her in the latter instances only when he consented to marry her. If he desired to perform chalitzah, he is under no obligation to her.
|
| 29. |
There is no need for her to take an oath that the yavam had not given her property. For since they have not established a relationship, such suspicions are unfounded (Ketubot 107b).
|
| 30. |
Who should not perform the mitzvah of yibbum until he attains majority.
|
| 31. |
Since he is forbidden to marry her, he is not required to support her. Nor is she entitled to support from her husband's estate. Yevamot 41b says that it is as if she is penalized from heaven.
|
| 32. |
The Rambam is referring to statements made by a dying man with regard to the allocation of his property. If these statements are observed by witnesses, they are binding. This practice, referred to as a matnat sh'chiv me'ra (the oral will of a dying man) is described in Hilchot Zechiyah UMatanah 8:2).
|
| 33. |
I.e., since it is possible that the woman will suffer a loss, she has the right to protest. If, however, she remained silent, we assume that she accepted her husband's decision.
|
| 34. |
The reference is to Rabbenu Yitzchak Alfasi, who ruled this way in a responsum. His opinion is favored also by the Ra'avad, the Ramban, the Rashba and Rabbenu Asher. Ketubot 105a states that the woman should take an oath "at the end and not at the beginning." They explain that this refers to a woman whose husband has died. The woman should take the oath when she comes to collect the money due her by virtue of her ketubah, and not when she comes asking for support. The Shulchan Aruch (Even HaEzer 93:19) appears to favor this view, and the Ramah states that it should be followed.
|
| 35. |
See Chapter 12, Halachah 16.
|
| 36. |
Rav Yosef Migash.
|
| 37. |
They interpret Ketubot (loc. cit.) to be referring to a woman whose husband traveled overseas. She should not take an oath at the outset - i.e., when she comes to collect her subsistence - but rather at the end, if her husband comes and requires this of her. See Chapter 12, Halachah 21.
The dissenting authorities refute this interpretation, explaining that it is far more reasonable to require an oath of a woman when her husband is alive than after his death, for after his death it is very likely that the woman will soon take an oath to collect her ketubah.
|
| 38. |
In contrast to the sale of property so that the woman can collect the money due her by virtue of her ketubah (Chapter 17, Halachah 13), in this instance the sale need not be publicized. The rationale is that the woman needs the money for her subsistence immediately and should not be required to wait.
|
| 39. |
Rabbenu Chanan'el and the Ramban differ with the Rambam on this point. Although their opinion is also mentioned by the Shulchan Aruch (Even HaEzer 93:25), it appears that the Rambam's opinion is favored.
|
| 40. |
In this manner, a large amount of property is sold. If a smaller amount were sold, the parcel of land would be too small to fetch a proper price.
|
| 41. |
I.e., the purchaser gives the widow only enough money to support herself for thirty days at a time. The rationale is that if she remarries or seeks to collect her ketubah, she is no longer entitled to receive support for her subsistence. Since there is the possibility that this will happen at any given time, she is given support for only a limited period of time. In the event that she remarries, the remainder of the money left from the sale is given to the heirs (Rashi, Ketubot 97a).
|
| 42. |
The Maggid Mishneh explains that this is simply proper advice for the woman. For she can sell all the land necessary to provide her with the money due her by virtue of her ketubah at one time, while to collect her subsistence she must sell the land in small parcels. If she chooses, however, she may take the latter alternative.
|
| 43. |
Since the heirs are orphans, the court is obligated to look after their interests. Therefore, it is obligated to ensure that the woman's earnings are given to them.
|
| 44. |
In all these cases, the widow is no longer entitled to receive support from her deceased's husband's estate, as stated in Chapter 12, Halachah 18.
|
| 45. |
In this instance, since the probability is that the woman would not have been given a document recording her ketubah, the fact that she does not have such a document in her possession is not considered detrimental to her position.
|
| 46. |
See Chapter 16, Halachah 31.
|
| 47. |
See Hilchot Gerushin 12:1.
|
| 48. |
Since her status is questionable, she is not entitled to support. For this is granted only to a man's wife and not to his divorcee.
|
| 49. |
Since divorce is dependent on the husband's initiative, as long as a woman's status is in question - and for that reason she may not marry another person - he is required to continue to support her (Rashi, Ketubot 97b).
|
| 50. |
Ketubot 96a mentions two years and three years, stating that the difference is between a rich widow (who can afford to wait) and a poor one; alternatively, between a brash widow (who is not embarrassed to appear in court) and a modest one (who will hesitate before coming). The Rambam does not mention the second opinion at all (although generally, when the Talmud mentions two opinions, he rules according to the second opinion), nor does the Shulchan Aruch(Even HaEzer 93:14). Rabbenu Asher and the Chelkat Mechokek 93:26, however, do mention the latter opinion.
|
| 51. |
The Rashba maintains that if, however, the woman took property as security, or if she borrowed money to be repaid with the money she will receive for her support, she is still entitled to receive the money retroactively. This opinion is cited by the Maggid Mishneh and the Shulchan Aruch (op. cit.).
|
| 52. |
As long as she has not remarried, the property of her husband's estate is considered under lien to her and in her possession. Hence, she is given this privilege.
|
| 53. |
For once she remarries, the property is considered to be in the possession of the heirs. Hence, they are given this privilege.
|
| 54. |
The same law applies if the widow demanded payment of the fundamental requirement of theketubah, but did not demand payment for the additional amount.
|
| 55. |
See Halachah 1.
|
Tum'at Okhalin - Chapter 1
HILCHOT TUM'AT OCHALIN
The Laws of the Impurity of Foods
Included in this text is one positive commandment: The laws of the impurity that affects liquids and foods and what makes them fit to contract it.
This mitzvah is explained in the ensuing chapters.
Halacha 1
All foods that are designated for human consumption, e.g., bread, meat, grapes, olives, and the like, are susceptible to ritual impurity. All foods that are not designated for human consumption are pure and are not susceptible to ritual impurity unless one had a specific intent and set them aside for human consumption. No foods are susceptible to ritual impurity unless it was first dampened with one of the seven liquids. This dampening is referred to ashechsher. These concepts are derived from Leviticus 11:38 which states: "When water will be placed on a seed...."
Halacha 2
These are the seven liquids that make foods susceptible to impurity: water, dew, oil, wine, milk, blood, and honey.
They do not make foods susceptible to impurity unless they fall upon them as desired by the owner. Nor may they be squalid, for squalid liquids do not make food fit to contract impurity.
Once food has been made susceptible to ritual impurity, it retains that status after it is dry, with no liquid on it.
Halacha 3
When food has been dampened with fruit juice, e.g., berry juice or pomegranate juice, even though it is wet and was touched by a zav or the flesh of a corpse, it is pure, because it was not made susceptible to impurity by one of the seven liquids.
Halacha 4
Only the seven liquids that we mentioned are considered liquids that are susceptible to ritual impurity. Other fruit juices, by contrast, neither make foods susceptible to ritual impurity, nor do they contract ritual impurity themselves at all.
Halacha 5
When grapes and olives have not reached a third of their maturity, the liquids they produce do not make foods susceptible to ritual impurity, nor are these liquids themselves susceptible to ritual impurity. Instead, they are like other fruit juices and they are pure forever.
Halacha 6
The following herbs are not susceptible to ritual impurity even though people eat them. The rationale is that they are not eaten to receive benefit from them as independent entities, but because they impart flavor, aroma, or appearance to other foods. They include: ginger, aldartzini, the primary spices, asafetida root, asafetida, pepper, or safflower. Similar laws apply with regard to all analogous substances.
Halacha 7
Dill can be assumed to be used to be eaten itself like other vegetables of the field. If it is intended to flavor a cooked dish, it does not contract the impurity of foods. Once dill has imparted flavor to a cooked dish, it is considered as a waste product and it does not contract the impurity of foods.
Halacha 8
Dates and dried figs that were placed in a cooked dish as spices still contract the impurity associated with foods until they become spoiled to the point that they are not fit for human consumption.
Halacha 9
If vetch was designated for human consumption, it contracts the impurity associated with foods.
Halacha 10
Hearts of palm are considered as wood in every way. If they were cooked and fried, they contract the impurity associated with foods.
Halacha 11
Grape seeds and grape pomace, even though they were collected to serve as food, do not contract the impurity associated with foods.
Halacha 12
Hard olives and grapes that slip out and emerge from under the beam of the press while the produce is being pressed are not susceptible to ritual impurity.
To what degree is this leniency granted? For four kabbin for every kor. If more than that amount emerge, they are susceptible to ritual impurity. If they were set aside to be eaten, even if there are less than four kabbin, they are susceptible to ritual impurity.
Halacha 13
Budding dates, budding fruit, underdeveloped fruit, and black cumin are all considered as foods and they are susceptible to ritual impurity.
Halacha 14
Budding leaves from branches, carob trees, pepperweed and wild onions are not susceptible to impurity until they are sweetened.
Halacha 15
Mustard seeds, lupine beans, and other foods that are pickled are susceptible to the impurity associated with foods both after they have been sweetened and before they have been sweetened.
Halacha 16
When olives have been pickled together with their leaves, the leaves are not susceptible to ritual impurity, for they have not been pickled to be eaten, only for the sake of their appearance.
Halacha 17
The hairs of zucchini and its flower are not susceptible to ritual impurity, because they are not food.
Halacha 18
When honey is in its beehive, it is susceptible to the ritual impurity associated with foods, even if one does not designate it as food in his mind. When one begins removing the honey, when the honey combs are broken, the honey is susceptible to impurity as a liquid. When honey flows out of a beehive, it is susceptible to impurity as a liquid. If one considers it as a food, it is susceptible to impurity as a food.
Halacha 19
Oil that has congealed is neither considered as food, nor a liquid in this context. Even if one thinks of it while it is congealed as a food or a liquid, his thought is of no consequence. Similarly, when blood has congealed, it is neither considered as food, nor a liquid. If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods. If one thinks of it as a liquid, his thought is of no consequence.
Halacha 20
When milk has congealed, it is neither considered as food, nor a liquid. If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods. If one thinks of it as a liquid, his thought is of no consequence.
Halacha 21
Date honey is neither considered as food, nor a liquid. If one thinks of it as a food, it is susceptible to the ritual impurity associated with foods. If one thinks of it as a liquid, his thought is of no consequence. All other fruit juices are neither considered as foods, nor liquids with regard to ritual impurity. If one thinks of one as a food or a liquid, his thought is of no consequence.
Halacha 22
Snow is neither considered as food, nor a liquid. If one thinks of it as a food, his thought is of no consequence. If one thinks of it as a liquid, it is susceptible to the ritual impurity associated with liquids. If a portion of it contracted impurity, the entire quantity is not considered as impure. If the snow was passed over an impure earthenware container, all of it becomes impure.
Halacha 23
When one had in mind to use milk that is in the teats of a slaughtered animal, his thought is of no consequence and it is pure. If he had the intent to use congealed milk that is in the stomach of a slaughtered nursing animal, it is susceptible to the ritual impurity associated with foods.
Halacha 24
When grapes have been trodden upon, once one has crisscrossed over them, they are susceptible to the ritual impurity associated with liquids. If whole grapes remain, those grapes are susceptible to the ritual impurity associated with foods.
Similarly, when olives are loaded in an olive press, they are susceptible to the ritual impurity associated with liquids. If whole olives remain, those olives are susceptible to the ritual impurity associated with foods.
Halacha 25
Although it is forbidden to benefit from any of the following: produce that isorlah, mixed species that grew in a vineyard, the meat of an ox sentenced to be stoned that was slaughtered, the meat of a calf designated to have its neck broken, whether it was slaughtered beforehand or whether its neck was broken, the birds used to purify a person afflicted with tzara'at, a firstling donkey, a mixture of milk and meat, the meat of the red heifer, and meat from a sacrifice that is piggul or notar are all susceptible to the ritual impurity associated with foods.
Tum'at Okhalin - Chapter 2
Halacha 1
All foods that grow from the earth are not susceptible to ritual impurity until they are uprooted from the ground. As long as they are connected to the earth - even by a small root, as long as they can sustain themselves from it - they are not susceptible to impurity.
Halacha 2
When a branch of a fig tree was broken off, yet it is still connected by its bark, but it cannot sustain itself from it, all the fruit on it are susceptible to ritual impurity. There is an unresolved doubt with regard to this matter: Is the remainder of the tree considered as a handle to this broken branch or not?
Halacha 3
When vegetables become dried out while budding, e.g., cabbage or squash that becomes dried out while budding, they are not susceptible to the impurity associated with foods. If produce was harvested with the intent of it being dried, it is considered as food until it becomes totally dry and hard like wood.
Halacha 4
When the branches of a tree that contained fruit were broken off, the fruit is considered as having been harvested. Similarly, if a tree containing fruit dried out, the fruit is considered as having been harvested.
Halacha 5
When figs dry out when budding, they contract impurity in their place.
Halacha 6
All foods that come from living animals are not susceptible to ritual impurity until the animals die. If one slaughtered a domesticated animal, wild animal, or fowl, even though it is still in its death throes, it is susceptible to ritual impurity.
When do fish contract impurity? When they die. If a factor arose that caused a fish to be considered as tereifah and it contracted impurity when it is in its their death throes, there is an unresolved question: Is it considered as if it had died, because it already became tereifah? Or is it not susceptible to ritual impurity until it becomes inanimate like stone and does not move?
If a limb or meat that was loosely hanging from a domesticated or wild animal and could not rejuvenate itself was made fit to contract impurity, it is susceptible to impurity even when in its place attached to the animal, because it is already considered as food that has been separated. If the animal was slaughtered, the slaughter makes it fit to contract impurity, because the entire animal is considered as a "handle," to this limb. And when a "handle" is made susceptible to ritual impurity, the entire organ becomes susceptible, as will be explained. There is an unresolved question if an animal can become a "handle" to a loosely hanging limb or flesh in the animal's lifetime.
Halacha 7
When one slaughters a domesticated animal, wild animal, or fowl, all of its meat becomes susceptible to ritual impurity because of the blood that emerges at the time of ritual slaughter. Therefore, if no blood emerges at the time of ritual slaughter, all of the meat must be made susceptible to ritual impurity like all other foods that were not yet made susceptible to impurity.
Halacha 8
When foods are made susceptible to impurity while they are attached to the earth or they were made susceptible with water that was attached to the ground, they are not susceptible to impurity. They receive this status only after coming in contact with water that is not in contact with the earth or with other liquids after the produce has been detached from the earth, as implied byLeviticus 11:34: "in any container." It can be inferred that a liquid does not make food susceptible to impurity unless it was lifted from the ground, like water in a container. If one drew water with a container and then poured it on the ground, it does not make food susceptible to impurity.
Halacha 9
When a zucchini was planted in a flowerpot and it grew, even though portions of it emerged outside the flowerpot, it is not susceptible to ritual impurity. The rationale is that when a flowerpot has a hole through which a small root can protrude, produce growing in it is considered as attached to the earth and anything planted in it is not susceptible to ritual impurity. Similarly, if there was water in it, the water does not make produce susceptible to impurity.
Halacha 10
When a flowerpot does not have a hole, anything growing in it is susceptible to ritual impurity. If there is water in it, that water makes produce susceptible to impurity.
Halacha 11
Vessels made from animal turds or earth from which roots can break through and protrude do not cause plants to become susceptible to impurity. Even though they do not have a hole, they are considered as if they have a hole.
Halacha 12
When a flowerpot was filled with earth until its edge, it is no longer considered as a container. Instead, it is considered as a flat surface that does not have an edge, for it is no longer a receptacle.
Halacha 13
When impure liquids fall on foods, the foods become impure even though they fell contrary to the desire of the owner. The rationale is that the food's contraction of impurity occurs at the same time as it became susceptible to impurity. This applies provided the liquids are not on the earth.
Halacha 14
Whenever food has spoiled and rotted to the point that it is no longer fit for human consumption, it is not susceptible to ritual impurity. Similarly, a liquid that has spoiled and become foul to the point that it is no longer fit for human consumption is not susceptible to ritual impurity, just as it does not make foods susceptible to ritual impurity, as implied by Leviticus 11:34: "which he shall drink."
Halacha 15
When one cooked an animal's hide or thought of partaking of a placenta, they contract ritual impurity as an independent entityy.
Halacha 16
When one cooks the hide of a donkey, there is an unresolved question whether it contracts ritual impurity as an independent entity, because it was cooked or it does not contract impurity, because it is very disgusting.
Halacha 17
Kernels of wheat that are found in cattle turds or barley that is found in animal turds that were collected are not susceptible to ritual impurity. If one thought of partaking of them, they contract the ritual impurity associated with foods.
Halacha 18
When food became impure and after it became impure, it spoiled and rotted, if it became unfit for a dog to eat or it became dry like a shard, it is pure. If it became unfit for human consumption, but it is still fit for a dog, it remains impure as it was beforehand.
Whenever food becomes impure, it cannot regain purity by being immersed in amikveh.
Halacha 19
When one sows impure seeds, the plant that grows from them is pure, even if it is an entity whose seed does not decompose. The above applies provided the seeds sprout roots. If, however, they do not sprout roots, they remain impure even if the seed decomposes.
Halacha 20
When food is attached to a utensil, it is no longer considered as food. If the utensil becomes impure, it contracts the impurity of the utensil. Since the food serves as wood, it is considered as wood.
Halacha 21
Whenever a liquid contracts impurity and afterwards spoils and becomes foul, it remains impure forever. For the impurity of a liquid never departs, even if it becomes unfit for a dog to drink. Liquid that becomes impure can never regain purity. The only exception is water, i.e., if one immersed impure water in amikveh, when the water of the mikveh covers the impure water, it regains purity.
Hot impure water can be immersed in a cold mikveh. Similarly, cold water can be immersed in hot water, foul water can be immersed in pleasant water, and pleasant water in foul water.
Halacha 22
When a staff was thoroughly wet with impure liquids, if a portion of it was immersed, the water on the other portion is not purified until it is immersed in its entirety.
Halacha 23
When snow becomes impure and a portion of it is joined to the waters of amikveh, since a portion became pure, it becomes pure in its entirety.
Halacha 24
Temed that became impure - whether it became impure after the water was mixed with the grape dregs or whether the grape dregs were mixed with impure water - until it becomes vinegary, it can be brought into contact with a mikvehand purified, for it is like water. Once it becomes vinegary, it's like wine and it cannot be purified in a mikveh.
Halacha 25
When a pot was filled with liquids, e.g., honey, wine, or the like, and placed in amikveh and then a person who was a primary derivative of impurity extended his hand outward and touched the liquids, the liquids become impure even though they are in the mikveh. And the pot contracts impurity from the liquids in it, even though it is in the mikveh.
If, by contrast, the pot contained water, the pot is pure, because a derivative of impurity never imparts impurity to an earthenware container. Nor does the water it contains contract impurity, for it is mixed with the water of the mikveh. If, however, a person who is considered a source of impurity extended his hand and touched it, the pot becomes impure, for a mikveh does not impart purity to an earthenware container.
Halacha 26
Drainage water can be assumed to be impure. If rain water descended upon it to the extent that it became the majority, the mixture is pure. If they are of equal quantities, everything is impure, whether the water is found in a container or on the earth.
When does this apply? When the drainage water came first. If, however, the rain water came first and then even the slightest amount of drainage water fell upon them, everything is impure, for when impure liquids descend into pure liquids, even the slightest amount imparts impurity.
Halacha 27
When a person spreads mud on the roof of his house or if he washes his clothes and water is dripping from them and then it rained and the dripping increased, we conclude that the majority is rain water and the water that drips is pure.
Halacha 28
The following rules apply when a person applied ritually pure oil to his body and afterwards contracted impurity. If he immersed himself while the oil is still on his body, if merely the amount of oil to rub on a small finger was applied, the oil is pure as it was originally.
If a person applies impure oil to his body and immerses himself, the oil on his body does not regain purity. Instead, if there is moist oil on his body, the oil remains impure. If there is not enough that feels moist, it is nullified because of the small amount that is there.
Tum'at Okhalin - Chapter 3
Halacha 1
We have already explained that food does not contract impurity until it is made fit to do so and that all food that is not designated for human consumption does not contract ritual impurity until it is designated for human consumption.
Halacha 2
The following rules apply when food is designated for human consumption in one locale, but is not designated for human consumption in another place. In a place where it is so designated, special intent is not necessary to designate it for human consumption. In a place where it is not so designated, one must have a special intent to designate it for human consumption and then it will be susceptible to ritual impurity. Any food that will ultimately impart impurity to a person or to keilim need not be exposed to liquids to become susceptible to ritual impurity.
Halacha 3
There are foods that require exposure to liquids, but do not require a special intent. There are foods that require a special intent, but do not require exposure to liquids, foods that require special intent and exposure to liquids, and foods that require neither special intent, nor exposure to liquids.
What is implied? All foods that are designated for human consumption in any place require exposure to liquids, but do not require special intent. Kosher fish and kosher locusts in all places and non-kosher locusts and fish in rural areas are considered as designated for human consumption and require exposure to liquids, but do not require a special intent. Similarly, in all places, the fat of a kosher animal that died requires exposure to liquids, but does not require special intent.
The following require special intent and exposure to liquids: Meat that was separated from a living being, whether a human, animal, or fowl, the carcass of a non-kosher fowl, in rural areas, the fat of a kosher domesticated animal that was ritually slaughtered - even though it was exposed to liquids when slaughtered, it requires a second exposure after one had the intent to partake of it, and all wild vegetables, e.g., very pungent onions and mushrooms. Similarly, in rural areas, small locusts and fish require a special intent. When endives were sown for animal fodder and then the owner changed his mind and thought of using them for human consumption, they are not subject to ritual impurity unless he had such intent after they were picked. For an intent that one had while produce is connected to the earth is not significant. When one collected endives for an animal, washed them, and then thought to serve them to a human being, they must be exposed to liquids again after the change of mind. Similar laws apply in all analogous situations.
If one thought of partaking of the the allal, it can contract the impurity associated with foods. If not, it is considered as wood and it is not susceptible to ritual impurity. Similarly, bones that are joined to meat, the giddim, the soft portions of the horns and the hoofs, the thin feathers and the wooly hairs of a fowl, the soft portion of its nails and its beak that are embedded in its flesh require special intent and exposure to liquids.
The following require neither special intent, nor exposure to liquids: the carcass of an animal from a kosher species, the carcass of a fowl from a kosher species, and the fat of a domesticated animal in large cities. None of these require either special intent, or exposure to liquids. The rationale is that since they are designated for human consumption, there is no need for special intent. They do not require exposure to liquids for ultimately, an olive-sized portion of them can impart impurity to a person or to a k'li and any substance that imparts impurity of a more severe type does not require exposure to liquids.
The following require special intent, but not exposure to liquids: The carcass of a fowl from a kosher species in rural areas and the carcass of an animal from a non-kosher species in all places. The above applies when one has in mind to partake of less than an olive-sized portion. An olive-sized portion, by contrast, is a primary source of impurity.
Halacha 4
When a Jew slaughters a non-kosher animal for a gentile and slits the two - or the majority of the two - signs of ritual slaughter, it imparts the impurity associated with food as long as it is in its death-throes. It does not require a specific intent, for when a Jew slaughters an animal for a gentile to eat, there is no greater special intent. It does not require exposure to liquids, for ultimately, it will impart impurity of a more severe type.
If he only slit one of the signs of ritual slaughter or stabbed it in the throat, it does not contract the impurity associated with foods. Similarly, if a gentile slaughtered a kosher animal for a Jew, slitting the two - or the majority of the two - signs of ritual slaughter, it imparts the impurity associated with food as long as it is in its death-throes and it does not need to be exposed to liquids. If he only slit one of the signs of ritual slaughter or stabbed it in the throat, it does not contract the impurity associated with foods and is considered like other animal carcasses.
Halacha 5
When a person cuts meat from a limb severed from a living animal and, afterwards, considered using it as food, it requires exposure to liquids to become susceptible to impurity. If he thought of using it as food and then severed it, it does not require exposure to liquids, because it imparts the severe impurity associated with an animal carcass. And whenever a substance imparts severe impurity, it need not be exposed to liquids.
Halacha 6
When a person has in mind to partake of less than an olive-sized portion of the carcass of a non-kosher animal and combined it with other foods to complete the egg-sized portion of impure foods required to impart impurity, the entire amount need not be exposed to water. The rationale is that were one to increase the portion that is less than an olive-sized portion in the egg-sized portion until it was the size of an olive, it would impart severe impurity.
Similarly, when there is an olive-sized portion of meat from an animal that one had in mind to eat that was covered with dough until it reached the size of an egg, since it does not impart impurity when touched because of the dough, it is necessary that one have in mind to use it as food. The dough need not be exposed to liquids to contract impurity. The rationale is that the entire measure can impart impurity when carried, because of the olive-sized portion of the animal carcass it contains. Even though it does not impart impurity when touched, it is considered as if it is ultimately capable of imparting more severe impurity. Therefore it need not be exposed to liquids.
Halacha 7
When there is less than an olive-sized portion of a human corpse to which other foods were added so that an egg-sized portion of food would be reached, one must have in mind partaking of the entire amount for it to become susceptible to impurity, since generally, the entire amount is considered of no importance by all people. The entire amount does not require to be exposed to water, because of the meat from the corpse that it contains.
Halacha 8
When an olive-sized portion of a human corpse is covered with dough, the entire amount imparts the severe impurity associated with a human corpse.
Halacha 9
When a person cuts flesh from a living human being to feed to an animal, if afterwards, he thinks of using it as food for humans, for it to impart the impurity associated with foods, he must have such an intent, but it need not be exposed to water.
Halacha 10
When a chick falls into a vat of wine and dies, even though the vat is located in a city, it becomes repulsive in the vat. Therefore to become susceptible to ritual impurity, one must have a specific intent to partake of it.
If, when one lifted it out of the vat, he thought of feeding it to a gentile, it imparts impurity, for he thought of using it for human consumption. If he thought of feeding it to a dog, it does not contract the impurity associated with foods. If the person who thought of feeding it to a person was a deafmute, a mentally or emotionally compromised person, or a minor, it is pure. If such individuals lifted it out of the vat to feed it to a person, it is impure, for their deeds are significant, but not their intent.
• Sunday, Menachem Av 10, 5775 · 26 July 2015
"Today's Day"
Wednesday Menachem Av 10 5703
Torah lessons: Chumash: Va'etchanan, Revi'i with Rashi.
Tehillim: 55-59.
Tanya: Upon his arrival (p. 395) ...the face..." (p. 397).
From what my grandfather related:
a) Originally the epistle Katonti1 ended with the words "restrained spirit etc." Later, our Great Rabbi (the Alter Rebbe) delivered the maamar "As water reflects the face etc." three times in Lyozna, following the interpretation of Rashi2 and not of Targum.3 After that he made an addition to the epistle Katonti as follows: And maybe, through all that, G-d will give it into the heart of their brethren that "as water (reflects) the face" etc. With this he implanted fine character traits in the chassidim.
b) Had the Rebbe not inserted the three words b'midat emet leYaakov ("according to the attribute of Truth unto Yaakov")4, he would have attracted fifty thousand more chassidim. But the Rebbe demands the trait of truth.
FOOTNOTES
1. "I have become small..."; second letter in Igeret Hakodesh, written by the Alter Rebbe on his return from his arrest in Petersburg (in 5559).
2. Mishlei 27:19. As water reflects the face so one's heart reflects the feelings of the other's heart.
3. Ibid. As waters differ so do men's hearts.
4. Following the exhortation to the chassidim that "they are to subdue their spirit and heart before everyone."
Daily Thought:
Revolution
If you were there and the Romans or the Babylonians were about to destroy Jerusalem and you had the power to do something about it, would you sit and mourn and cry?
Or would you turn the world upside down to change history?
So what is stopping you? Overturn the world today!
____________________________
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