Today's Laws & Customs:
• Elul Observances
As the last month of the Jewish year, Elul is traditionaly a time of introspection and stocktaking -- a time to review one's deeds and spiritual progress over the past year and prepare for the upcoming "Days of Awe" of Rosh HaShanah and Yom Kippur.
As the month of Divine Mercy and Forgiveness (see "Today in Jewish History" for Elul 1) it is a most opportune time for teshuvah ("return" to G-d), prayer, charity, and increased Ahavat Yisrael (love for a fellow Jew) in the quest for self-improvement and coming closer to G-d. Chassidic master Rabbi Schneur Zalman of Liadi likens the month of Elul to a time when "the king is in the field" and, in contrast to when he is in the royal palace, "everyone who so desires is permitted to meet him, and he receives them all with a cheerful countenance and shows a smiling face to them all."
Specific Elul customs include the daily sounding of the shofar (ram's horn) as a call to repentance. The Baal Shem Tov instituted the custom of reciting three additional chapters ofPsalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below to view today's Psalms.
Chapter 46 Chapter 47 Chapter 48
Psalms 46:(0) For the leader. By the descendants of Korach. On ‘alamot [high-pitched musical instruments?]. A song:
2 (1) God is our refuge and strength,
an ever-present help in trouble.
3 (2) Therefore we are unafraid,
even if the earth gives way,
even if the mountains tumble
into the depths of the sea,
4 (3) even if its waters rage and foam,
and mountains shake at its turbulence. (Selah)
5 (4) There is a river whose streams
gladden the city of God,
the holy habitation of ‘Elyon —
6 (5) God is in the city.
It will not be moved —
when daybreak comes, God will help it.
7 (6) Nations were in turmoil,
kingdoms were moved;
his voice thundered forth,
and the earth melted away.
8 (7) Adonai-Tzva’ot is with us,
our fortress, the God of Ya‘akov. (Selah)
9 (8) Come and see the works of Adonai,
the astounding deeds he has done on the earth.
10 (9) To the ends of the earth he makes wars cease —
he breaks the bow, snaps the spear,
burns the shields in the fire.
11 (10) “Desist, and learn that I am God,
supreme over the nations,
supreme over the earth.”
12 (11) Adonai-Tzva’ot is with us,
our fortress, the God of Ya‘akov. (Selah)
47:(0) For the leader. A psalm of the descendants of Korach:
2 (1) Clap your hands, all you peoples!
Shout to God with cries of joy!
3 (2) For Adonai ‘Elyon is awesome,
a great king over all the earth.
4 (3) He makes peoples subject to us,
puts nations under our feet.
5 (4) He chooses our heritage for us,
the pride of Ya‘akov, whom he loves. (Selah)
6 (5) God goes up to shouts of acclaim,
Adonai to a blast on the shofar.
7 (6) Sing praises to God, sing praises!
Sing praises to our king, sing praises!
8 (7) For God is king of all the earth;
sing praises in a maskil.
9 (8) God rules the nations;
God sits on his holy throne.
10 (9) The leaders of the people gather together,
the people of the God of Avraham;
for the rulers of the earth belong to God,
who is exalted on high.
48:(0) A song. A psalm of the descendants of Korach:
2 (1) Great is Adonai
and greatly to be praised,
in the city of our God,
his holy mountain,
3 (2) beautiful in its elevation,
the joy of all the earth,
Mount Tziyon, in the far north,
the city of the great king.
4 (3) In its citadels God
has been revealed as a strong defense.
5 (4) For the kings met by agreement;
together they advanced.
6 (5) They saw and were filled with consternation;
terrified, they took to FLIGHT.
7 (6) Trembling took hold of them,
pains like those of a woman in labor,
8 (7) as when the wind out of the east
wrecks the “Tarshish” ships.
9 (8) We heard it, and now we see for ourselves
in the city of Adonai-Tzva’ot,
in the city of our God.
May God establish it forever. (Selah)
10 (9) God, within YOUR temple
we meditate on YOUR grace.
11 (10) God, your praise, like your name,
extends to the ends of the earth.
Your right hand is filled with righteousness.
12 (11) Let Mount Tziyon rejoice,
let the daughters of Y’hudah be glad,
because of your judgment [on the enemy].
13 (12) Walk through Tziyon, go all around it;
count how many towers it has.
14 (13) NOTEits ramparts, pass through its citadels,
so that you can tell generations to come
15 (14) that such is God, our God forever;
he will guide us eternally
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.Links: More on Elul
Daily Quote:
"And the Breastplate shall not budge from the Apron" (Exodus 28:28) -- a person's most sublime spiritual feelings (symbolized by the High Priest's Breastplate, worn over the heart) most form an inseparable continuum with his or her most ordinary actions represented by the Apron, worn in back, over the lower part of the body)[The Lubavitcher Rebbe]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Tavo, 2nd Portion Deuteronomy 26:12-26:15 with Rashi
• Chapter 26
12When you have finished tithing all the tithes of your produce in the third year, the year of the tithe, you shall give [them] to the Levite, the stranger, the orphan, and the widow, so that they can eat to satiety in your cities. יבכִּי תְכַלֶּה לַעְשֵׂר אֶת כָּל מַעְשַׂר תְּבוּאָתְךָ בַּשָּׁנָה הַשְּׁלִישִׁת שְׁנַת הַמַּעֲשֵׂר וְנָתַתָּה לַלֵּוִי לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה וְאָכְלוּ בִשְׁעָרֶיךָ וְשָׂבֵעוּ:
When you have finished tithing all the tithes of your produce in the third year: When you have finished separating the tithes of the third year [of the seven-year shemittah cycle]. It fixes a time for the removal [of the tithes from the house] and for the [accompanying] confession [regarding their proper disposal] on the Eve of Passover [for the removal, and for the confession, in the afternoon of the last day of Passover] of the fourth year, as it is said,“At the end of (מִקֵּץ) three years, you shall take out [all the tithe of your crop] (Deut. 14:28), and later on, Scripture also uses this expression:”At the end of (מִקֵּץ) seven years“ (Deut. 31: 10), referring to the mitzvah of הַקְהֵל [assembling all the people in the Temple courtyard, to hear the king read the book of Deuteronomy]. Just as there, the mitzvah was to be performed on a Festival, here too [in the case of removing the tithes and reciting the confession, the mitzvah must be performed] on a Festival. But one could suggest that just as there [in the case of הַקְהֵל, the mitzvah was performed] on the Festival of Sukkoth, here too, [the mitzvah must be performed] on the Festival of Sukkoth. Therefore, Scripture states here: ”When have you finished taking all the tithes in the third year"- [this refers to] a festival on which all tithes have been completely taken: this is Passover [not Sukkoth], because many trees have their fruits picked after Sukkoth [but not after Passover]. Consequently, the separating of tithes of the third year’s produce will conclude on Passover of [the following year, namely] the fourth year. And anyone who has delayed [in distributing] his tithes isORDERED
by Scripture to remove [any remaining tithes] from the house [on Passover of the fourth year of the shemittah cycle]. — [Sifrei 26:12] כי תכלה לעשר את כל מעשר תבואתך בשנה השלישית: כשתגמור להפריש מעשרות של שנה השלישית, קבע זמן הביעור והוידוי בערב הפסח של שנה הרביעית, שנאמר (דברים יד, כח) מקצה שלש שנים תוציא וגו'. נאמר כאן מקץ, ונאמר להלן (שם לא י) מקץ שבע שנים, לענין הקהל מה להלן רגל אף כאן רגל, אי מה להלן חג הסוכות אף כאן חג הסוכות, תלמוד לומר כי תכלה לעשר, מעשרות של שנה השלישית רגל שהמעשרות כלין בו, וזהו פסח, שהרבה אילנות יש שנלקטין אחר הסוכות, נמצאו מעשרות של שלישית כלין בפסח של רביעית, וכל מי ששהה מעשרותיו הצריכו הכתוב לבערו מן הבית:the year of the tithe: [The third year of each shemittah cycle is called“the year of the tithe” because] it differs from its preceding two years insofar as it is a year in which only one of the tithes separated in the two preceding years is separated. During the first and second years of the shemittah cycle, the tithes separated are: a) מַעֲשֵׂר רִאשׁוֹן, “the first tithe,” as the verse says, “[Speak to the Levites, and say to them,] When you take from the children of Israel the tithe…” (Num. 18:26) [referring to“the first tithe,”] and b) מַעֲשֵׂר שֵׁנִי, “the second tithe,” as the verse says, “And you shall eat before the Lord, your God… the tithes of your grain, of your wine and of your oil…” (Deut. 14:23) [which is a reference to “the second tithe”]. Thus, we have two tithes [being separated during the first two years of the shemittah cycle]. Now Scripture comes and teaches us that in the third year, only one of these two tithes is separated. And which one is that? It is “the first tithe.” [“The second tithe is not separated during the third year.”] Instead of “the second tithe,” one must give “the tithe for the poor,” for it says here in our verse “you shall give [them] to the Levite” what belongs to him, namely “the first tithe” ; [then our verseCONTINUES
:] “the stranger, the orphan, and the widow”-this is “the tithe for the poor.” - [Sifrei 26:12; R.H. 12b] שנת המעשר: שנה שאין נוהג בה אלא מעשר אחד משני מעשרות שנהגו בשתי שנים שלפניה, ששנה ראשונה של שמיטה נוהג בה מעשר ראשון, כמו שנאמר (במדבר יח כו) כי תקחו מאת בני ישראל את המעשר, ומעשר שני, שנאמר (דברים יד כג) ואכלת לפני ה' אלהיך מעשר דגנך תירושך ויצהרך, הרי שני מעשרות, ובא ולמדך כאן בשנה השלישית שאין נוהג מאותן שני מעשרות אלא האחד ואיזה, זה מעשר ראשון. ותחת מעשר שני תן מעשר עני שנאמר כאן ונתת ללוי. את אשר לו הרי מעשר ראשון. לגר ליתום ולאלמנה זה מעשר עני:so that they can eat to satiety: Give them enough to satisfy them. Based on this, [our Rabbis] stated: One may not give the poor in the granary less than one-half a kav of wheat [or one kav of barley. [A kav represents the volume of twenty-four eggs]. — [Sifrei 26:12, Pe’ah 8:5] ואכלו בשעריך ושבעו: תן להם כדי שבען מכאן אמרו אין פוחתין לעני בגורן פחות מחצי קב חטים וכו':
13Then you shall say before the Lord, your God, "I have removed the holy [portion] from the house, and I have also given it to the Levite, the stranger, the orphan, and the widow,ACCORDING
to all Your commandment that You commanded me; I have not transgressed Your commandments, nor have I forgotten [them]. יגוְאָמַרְתָּ לִפְנֵי יְהֹוָה אֱלֹהֶיךָ בִּעַרְתִּי הַקֹּדֶשׁ מִן הַבַּיִת וְגַם נְתַתִּיו לַלֵּוִי וְלַגֵּר לַיָּתוֹם וְלָאַלְמָנָה כְּכָל מִצְוָתְךָ אֲשֶׁר צִוִּיתָנִי לֹא עָבַרְתִּי מִמִּצְוֹתֶיךָ וְלֹא שָׁכָחְתִּי:Then you shall say before the Lord, your God: Confess [i.e., declare] that you have given your tithes [as required]. — [Sifrei 26:13] ואמרת לפני ה' אלהיך: התודה שנתת מעשרותיך:
I have removed the holy [portions] from the house: This refers to: a) “the second tithe,” and b) נֶטַע רְבָעִי, the fruit yielded by a tree in its fourth year of growth [both of which are termed קֹדֶשׁ, holy (portions)], they must be brought up to Jerusalem and eaten there in purity. [Accordingly,] the verse here teaches us that if one has delayed bringing these tithes up to Jerusalem for two years, he must take them up now [in the third year]. בערתי הקדש מן הבית: זה מעשר שני ונטע רבעי, ולמדך שאם שהה מעשרותיו של שתי שנים ולא העלם לירושלים, שצריך להעלותם עכשיו:
and I have also given it to the Levite: This refers to “the first tithe.” - [ibid.] [The seemingly superfluous word “also”] comes to include terumah, [the part given to the kohen] and the firstfruits [which are also given to the kohen. Since Kohanim stem from the tribe of Levi, they are referred to here as Levites]. — [Yerushalmi Ma’aser Sheni 5:5] וגם נתתיו ללוי: זה מעשר ראשון. וגם לרבות תרומה ובכורים:
the stranger, the orphan and the widow: This refers to “the tithe for the poor.” - [Sifrei 26:13] ולגר ליתום ולאלמנה: זה מעשר עני:
according to all Your commandment: I have given them [the tithes] in their proper sequence (ibid). I did not give terumah before the firstfruits; I did not give tithes before terumah; I did not give the second tithe before the first tithe. For terumah is termed רֵאשִׁית, “the first one,” because it is the first portion to be separated when the produce has become [matured] “grain,” and it is written [regarding the separation of tithes]: מְלֵאָתְךָ וְדִמְעֲךָ לֹא תְאַחֵר (Exod. 22:28), which means that one must not change the order [set out in Scripture for separating tithes]. - [Mechilta , Exod. 22:28] ככל מצותך: נתתים כסדרן ולא הקדמתי תרומה לבכורים, ולא מעשר לתרומה ולא שני לראשון, שהתרומה קרויה ראשית, שהיא ראשונה משנעשה דגן, וכתיב (שמות כב כח) מלאתך ודמעך לא תאחר, לא תשנה את הסדר:
I have not transgressed Your commandments: I did not separate tithes from one species [of produce to fulfill the obligation of tithe-separation due] from another species [of produce], and I did not separate tithes from the new crop [of the year to fulfill the obligation of tithe-separation due] from the old crop. — [Sifrei, Ma’aser Sheni 5:11] לא עברתי ממצותיך: לא הפרשתי ממין על שאינו מינו ומן החדש על הישן:
nor have I forgotten: to bless You [on the performance of the mitzvah] of separating tithes. — [ibid.] ולא שכחתי: מלברך על הפרשת מעשרות:
14I did not eat any of it [second tithe] while in my mourning, nor did I consume any of it while unclean; neither did I use any of it for the dead. I obeyed the Lord, my God; I did according to all that You commanded me. ידלֹא אָכַלְתִּי בְאֹנִי מִמֶּנּוּ וְלֹא בִעַרְתִּי מִמֶּנּוּ בְּטָמֵא וְלֹא נָתַתִּי מִמֶּנּוּ לְמֵת שָׁמַעְתִּי בְּקוֹל יְהֹוָה אֱלֹהָי עָשִׂיתִי כְּכֹל אֲשֶׁר צִוִּיתָנִי:
I did not eat any of it [second tithe] while in my mourning: From here [our Rabbis derive the ruling that the second tithe] is forbidden to [be eaten by] an אוֹנָן [close relative of a deceased on the day of death]. — [Sifrei 26:14] לא אכלתי באני ממנו: מכאן שאסור לאונן:
nor did I consume any of it while unclean: Whether I was unclean and it was clean, or I was clean it was unclean. But where [in the Torah] is one warned against this? [The warning is alluded to in the verse: (Deut. 12:17),]“You shall not eat in your cities [the tithe…].” This refers to eating in a state of uncleanness, as it is said in reference to פְּסוּלֵי הַמֻּקְדָשִׁים, [animals dedicated as sacrifices, which subsequently became blemished and consequently unfit for that purpose (see Deut. 15: 21-22) the Torah says,] “You may eat it within your cities, the unclean and the clean person together…” (Deut. 15:22). This [the second tithe], however, you shall not eat in the manner of “eating in the cities,” mentioned elsewhere. - [Yev. 73b] ולא בערתי ממנו בטמא: בין שאני טמא והוא טהור, בין שאני טהור והוא טמא. והיכן הוזהר על כך (לעיל יב יז) לא תוכל לאכול בשעריך, זו אכילת טומאה, כמו שנאמר בפסולי המקודשים (לעיל טו כב) בשעריך תאכלנו הטמא והטהור וגו', אבל זה לא תוכל לאכול דרך אכילת שעריך האמור במקום אחר:
neither have I used any of it for the dead: [using its value in money] to make for him a coffin or shrouds. — [Sifrei, Ma’aser Sheni 5:12] ולא נתתי ממנו למת: לעשות לו ארון ותכריכין:
I obeyed the Lord, my God: [in that] I have brought [it] to the Temple. - [Sifrei , Ma’aser Sheni 5:12] [In fact, the second tithe was not brought to the Temple, but eaten in Jerusalem. If a person redeemed it, however, he was to bring the redempion money to Jerusalem and purchase food to be eaten in Jerusalem. Although all types of food could be purchased, it was customary to purchase animals and sacrifice them as peace offerings. In this respect, the tithe would be brought into the Temple (Malbim).] שמעתי בקול ה' אלהי: הביאותיו לבית הבחירה:
I have done according to all that You have commanded me: I have myself rejoiced and caused others to rejoice through it. — [Sifrei, Ma’aser Sheni 5:12] עשיתי ככל אשר צויתני: שמחתי ושימחתי בו:
15Look down from Your holy dwelling, from the heavens, and bless Your people Israel, and the ground which You have given to us, as You swore to our forefathers a land flowing with milk and honey. טוהַשְׁקִיפָה מִמְּעוֹן קָדְשְׁךָ מִן הַשָּׁמַיִם וּבָרֵךְ אֶת עַמְּךָ אֶת יִשְׂרָאֵל וְאֵת הָאֲדָמָה אֲשֶׁר נָתַתָּה לָנוּ כַּאֲשֶׁר נִשְׁבַּעְתָּ לַאֲבֹתֵינוּ אֶרֶץ זָבַת חָלָב וּדְבָשׁ:
Look down from Your holy dwelling: We have fulfilled what You have decreed upon us. Now You do what is incumbent upon You to do (Sifrei , Ma’aser Sheni 5:13), for You said, “If you follow My statutes… then I shall give [you] your rains in their [proper] time….” (Lev. 26:3-4). השקיפה ממעון קדשך: עשינו מה שגזרת עלינו, עשה אתה מה שעליך לעשות, שאמרת (ויקרא כו, ג) אם בחקתי תלכו ונתתי גשמיכם בעתם:
which You have given us, as You swore to our forefathers: to give to us, and You have [also] kept [the promise You made to our ancestors who left Egypt, that You would give us] “a land flowing with milk and honey.” אשר נתתה לנו כאשר נשבעת לאבתינו: לתת לנו וקיימת ארץ זבת חלב ודבש:Daily Tehillim: Psalms Chapters 79 - 82
• Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
See below for today's additional chapters.
Chapter 79
In this psalm, Asaph thanks God for sparing the people and directing His wrath upon the wood and stones (of the Temple). Still he cries bitterly, mourning the immense destruction: The place where the High Priest alone was allowed to enter-and only on Yom Kippur-is now so desolate that foxes stroll through it!
1. A psalm by Asaph. O God, nations have entered Your inheritance, they defiled Your Holy Sanctuary; they turned Jerusalem into heaps of rubble.
2. They have rendered the corpses of Your servants as food for the birds of heaven, the flesh of Your pious ones for the beasts of the earth.
3. They spilled their blood like water around Jerusalem, and there is no one to bury [them].
4. We became the object of disgrace to our neighbors, ridicule and scorn to those around us.
5. Until when, O Lord! Will You be angry forever? Will Your jealousy burn like fire?
6. Pour YOUR wrath upon the nations that do not know You, upon the kingdoms that do not call Your Name,
7. for they devoured Jacob and desolated His abode.
8. Do not recall our former sins; let Your mercies come swiftly towards us, for we have fallen very low.
9. Help us, God of our deliverance, for the sake of the glory of Your Name; save us and pardon our sins for the sake of Your Name.
10. Why should the nations say, "Where is their God?" Let there be known among the nations, before our eyes, the retribution of the spilled blood of Your servants.
11. Let the groan of the prisoner come before You; liberate those condemned to death, as befits the greatness of Your strength.
12. Repay our neighbors sevenfold into their bosom, for the disgrace with which they reviled You, O Lord.
13. And we, Your people, the flock of Your pasture, will THANK You forever; for all generations we will recount Your praise.
Chapter 80
An awe-inspiring prayer imploring God to draw near to us as in days of old.
1. For the Conductor, on the shoshanim, 1 a testimony by Asaph, a psalm.
2. Listen, O Shepherd of Israel, Who leads Joseph like sheep. Appear, You Who is enthroned upon the cherubim.
3. Arouse Your might before Ephraim, Benjamin and Menashe, for it is upon You to save us.
4. Return us, O God; cause Your countenance to shine, that we may be saved.
5. O Lord, God of HOSTS, until when will You fume at the prayer of Your people?
6. You fed them bread of tears, and gave them tears to drink in great measure.
7. You have made us an object of strife to our neighbors; our enemies mock to themselves.
8. Return us, O God of Hosts; cause Your countenance to shine, that we may be saved.
9. You brought a vine out of Egypt; You drove out nations and planted it.
10. You cleared space before it; it took root and filled the land.
11. Mountains were covered by its shade, and its branches became mighty cedars.
12. It sent forth its branches till the sea, and its tender shoots to the river.
13. Why did You breach its fences, so that every passerby plucked its fruit?
14. The boars of the forest ravage it, and the creepers of the field feed upon it.
15. O God of HOSTS, please return! Look down from heaven and see, and be mindful of this vine,
16. and of the foundation which YOUR right hand has planted, and the son whom You strengthened for Yourself.
17. It is burned by fire, cut down; they perish at the rebuke of Your Presence.
18. Let Your hand be upon the man of Your right hand, upon the son of man whom You strengthened for Yourself.
19. Then we will not withdraw from You; REVIVE us, and we will proclaim Your Name.
20. O Lord, God of Hosts, return us; cause Your countenance to shine that we may be saved.
Chapter 81
This psalm was chanted in the Holy Temple on Rosh Hashanah, a day on which many miracles were wrought for Israel.
1. For the Conductor, upon the gittit,1 by Asaph.
2. Sing joyously to God, our strength; sound the shofar to the God of Jacob.
3. Raise your voice in song, sound the drum, the pleasant harp, and the lyre.
4. Blow the shofar on the New Month, on the designated day of our Holy Day;
5. for it is a decree for Israel, a ruling of the God of Jacob.
6. He ordained it as a precept for Joseph when he went forth over the land of Egypt; I heard a language which I did not know.
7. I have taken his shoulder from the burden; his hands were removed from the pot.2
8. In distress you called and I delivered you; [you called] in secret, and I answered you with thunderous wonders; I tested you at the waters of Merivah, Selah.
9. Hear, My people, and I will admonish you; Israel, if you would only listen to Me!
10. You shall have no alien god within you, nor shall you bow down to a foreign deity.
11. I am the Lord your God who brought you up from the land of Egypt; open wide your mouth, [state all your desires,] and I shall grant them.
12. But My people did not heed My voice; Israel did not want [to listen to] Me.
13. So I sent them away for the willfulness of their heart, for following their [evil] design.
14. If only My people would listen to Me, if Israel would only walk in My ways,
15. then I would quickly subdue their enemies, and turn My hand against their oppressors.
16. Those who hate the Lord would shrivel before Him, and the time [of their retribution] shall be forever.
17. I would feed him [Israel] with the finest of wheat, and sate you with honey from the rock.
Chapter 82
This psalm admonishes those judges who feign ignorance of the law, dealing unjustly with the pauper or the orphan, while coddling the rich and pocketing their bribes.
1. A psalm by Asaph. God stands in the council of judges; among the judges He renders judgment:
2. How long will you judge wickedly, ever showing partiality toward the evildoers?
3. Render justice to the needy and the orphan; deal righteously with the poor and the destitute.
4. Rescue the needy and the pauper; deliver them from the hand of the wicked.
5. But they do not know, nor do they understand; they go about in darkness, [therefore] all the foundations of the earth tremble.
6. I said that you are angels, supernal beings, all of you;
7. but you will die as mortals, you will fall like any prince.
8. Arise, O God, judge the earth, for You possess all the nations.
Additional Three Chapters
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Today's Chapters are 46, 47 and 48.
Chapter 46
This psalm tells of the Gog and Magog era (the Messianic age), when man will cast aside his weapons, and warfare will be no more.
1. For the Conductor, by the sons of Korach, on the alamot,1 a song.
2. God is our refuge and strength, a help in distress, He is most accessible.
3. Therefore, we will not be afraid when the earth is transformed, when mountains collapse in the heart of the seas;
4. when its waters roar and are muddied, and mountains quake before His grandeur, Selah.
5. The river2-its streams will bring joy to the city of God, the sacred dwelling of the Most High.
6. God is in her midst, she will not falter; God will help her at the approach of morning.
7. Nations clamor, kingdoms stumble; He raises His voice and the earth dissolves.
8. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
9. Go and see the works of the Lord, Who has wrought devastation in the land.
10. To the end of the earth He causes wars to cease; He breaks the bow, snaps the spear, and burns the wagons in fire.
11. Stop [waging war]! And know that I am God; I will be exalted among the nations, exalted upon the earth.
12. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
Chapter 47
Following the battle of Gog and Magog (in the Messianic era), war will be no more. God will grant us salvation, and we will merit to go up to the Holy Temple for the festivals, Amen.
1. For the Conductor, a psalm by the sons of Korach.
2. All you nations, clap hands; sound [the shofar] to God with a sound of jubilation.
3. For the Lord is most high, awesome; a great King over all the earth.
4. He subdues peoples under us, nations beneath our feet.
5. He chooses our heritage for us, the glory of Jacob whom He loves eternally.
6. God ascends through teruah, the Lord-through the sound of the shofar.
7. Sing, O sing to God; sing, O sing to our King.
8. For God is King over all the earth; sing, O man of understanding.
9. God reigns over the nations; God is seated on His holy throne.
10. The most noble of the nations are gathered, the nation of the God of Abraham; for the protectors of the earth belong to God; He is greatly exalted.
Chapter 48
The psalmist prophesies about the Messianic era, singing the praises of a rebuilt Jerusalem and the sacrifices brought there. At that time Israel will say, "As we heard from the mouths of the prophets, so have we merited to see!"
1. A song, a psalm by the sons of Korach.
2. The Lord is great and exceedingly acclaimed in the city of God, His holy mountain.
3. Beautiful in landscape, the joy of the whole earth is Mount Zion, on the northern slopes, the city of the great King.
4. In her citadels, God became known as a tower of strength.
5. For behold, the kings assembled, they advanced in concert [to invade her].
6. They saw [the wonders of the Almighty] and were astounded; they were terror-stricken, they hastened to flee.
7. Trembling seized them there, pangs as of a woman in the throes of labor;
8. [they were crushed as] by an east wind that shatters the ships of Tarshish.
9. As we have heard, so have we seen, in the city of the Lord of Hosts, in the city of our God; may God establish it for all eternity.
10. God, we have been hoping for Your kindness [to be revealed] within Your Sanctuary.
11. As Your Name, O God, [is great,] so is Your praise to the ends of the earth; Your right hand is filled with righteousness.
12. Let Mount Zion rejoice, let the towns of Judah exult, because of Your judgments.
13. Walk around Zion, encircle her, count her towers.
14. Consider well her ramparts, behold her lofty citadels, that you may recount it to a later generation.
15. For this God is our God forever and ever; He will lead us eternally
Tanya: Iggeret HaKodesh, end of Epistle 14• Lessons in Tanya
• Monday, Elul 16, 5775 · August 31, 2015
וזהו שכתוב: תמיד עיני ה׳ אלקיך בה
And this is the meaning of the above-quoted verse, “Forever are the eyes of the L‑rd your G‑d upon it,”
שהעינים הם כינוים להמשכת והארת אור החכמה
for “eyes” is an epithet for the efflux and radiation of the light of Chochmah,
שלכן נקראו חכמים: עיני העדה
for which reason sages are referred to as1 “the eyes of the congregation,” for they are illumined by the light ofChochmah which is known by the epithet “eyes”.
ואוירא דארץ ישראל מחכים
And [this, too, is the meaning of the teaching],2 “The atmosphere of the Land of Israel makes one wise” — for the Land of Israel, too, is illumined by Chochmah.
As was stated above, “Forever are the eyes of the L‑rd your G‑d upon it” refers to a constant illumination by Chochmah.
והארה והמשכה זו, אף שהיא תמידית
Now, this radiation and efflux, though it is continuous,
אף על פי כן אינה בבחינה ומדריגה אחת לבדה מימי עולם
nevertheless, it is not only on one and the same plane and level since the beginning of the world.
אלא שבכל שנה ושנה הוא אור חדש עליון
Rather, every year there is a new and superior light,
כי האור שנתחדש והאיר בראש השנה זה, מסתלק בערב ראש השנה הבאה, לשרשו
because the light which was generated and which shone on this Rosh HaShanah withdraws to its source on the eve of the next Rosh HaShanah.
וזהו שכתוב: מרשית השנה ועד אחרית שנה לבדה
This enables us to understand the verse that says that “the eyes of G‑d” are upon the Land “from the beginning of the year to the end of the year” only.
The verse does not state that they are there “everlastingly”, for the efflux that descends on Rosh HaShanah lasts only to the end of the year, at which time it withdraws and makes way for the descent of a new and more sublime light.
ולכן כתיב: מרשית, חסר א׳
And that is why meireishit (“from the beginning”) is written without an alef:
רומז על הסתלקות האור
it alludes to the withdrawal of the light, signified by the alef,3
שמסתלק בליל ראש השנה
which withdraws on the night of Rosh HaShanah
At that time the innermost element of the world’s vitality is in a state of withdrawal due to the “ascent of Malchut”; i.e., the innermost core of Malchut is then in a state of elevation and withdrawal,
עד אחר התקיעות
until after the sounding of the Shofar,
שיורד אור חדש, עליון יותר, שלא היה מאיר עדיין מימי עולם
when there descends a new and more sublime light that has never yet shone since the beginning of the world.
והוא מתלבש ומסתתר בארץ החיים שלמעלה ושלמטה
It vests itself and conceals itself in the Eretz HaChayim which is above — i.e., in Malchut of Atzilut, the source of all worlds and created beings — and in the Eretz HaChayim which is below, in the Land of Israel,
For the light that animates this world first passes through the Holy Land, and from there it is diffused throughout the world at large.
להחיות את כל העולמות כל משך שנה זו
in order to animate all the worlds for the duration of that year.
אך גילויו מההסתר הזה
Its manifestation, however,
For the light became concealed in the Eretz HaChayim above and below, so that its further descent and the revelation of its creative life-force to the world and to all its created beings:
תלוי במעשה התחתונים, וזכותם ותשובתם בעשרת ימי תשובה
depends on the actions of those below, and on their merits and penitence during the Ten Days of Penitence.
ודי למבין
This will suffice for the initiated.
In summary: The Divine light issuing from the Sefirah of Chochmah in the World of Atzilut that radiates within the Land of Israel throughout the year, increases yearly both in quantity and in quality. Similarly, the tzedakah given for the Holy Land should be increased every year both quantitatively and qualitatively.
The conclusion of the above letter makes it clear that this mortal initiative makes an impact on the revelation of this light: the ever-increasing revelation of the light that descends in a concealed form is dependent on the ever-increasing contributions of tzedakah given for the Land of Israel.
| FOOTNOTES | |
| 1. | See Bamidbar 15:24; Taanit 24a. |
| 2. | Bava Batra 158b. |
| 3. | Cf. Zohar II, 34a; ibid., 123a. |
• Sefer Hamitzvos:
| Today's Mitzvah Monday, Elul 16, 5775 · August 31, 2015 A daily digest of Maimonides’ classic work "Sefer Hamitzvot" Positive Commandment 247 Saving a Victim from an Attacker "You shall cut off her hand; you shall not pity her"—Deuteronomy 25:12. We are commanded to save a potential victim from the hands of one who is "chasing" him to kill him—even if this means killing the attacker. If it is possible to save the victim without killing the pursuer – through injuring the attacker, then that must be done. But if that is not possible, we are commanded to kill the pursuer rather than allow him to execute his dastardly intention. | Saving a Victim from an Attacker | Positive Commandment 247 | Translated by Berel Bell | The 247th mitzvah is that we are commanded to save a person from someone who is trying to kill him, even by killing the attacker. I.e. if there is no other way to save the victim except by killing the attacker, we are commanded to kill him. | The source of this commandment is G‑d's statement1 (exalted be He), "[...if she grabs his attacker by his PRIVATE parts,] you must cut off her hand [if necessary, to save her victim]; do not have any pity." | In the words of the Sifri: "[The reason the Torah uses the example of] 'his private parts' is because [an attack to] his private parts could endanger his life. In this case 'you must cut off her hand.' So too in any case where his life is in danger, 'you must cut off her hand.' [The reason the Torah says] 'you must cut off her hand' is because you must save him [even] at the cost of her hand. What is the source of the law that if you are unable to save him by cutting off her hand, that you must save him by killing her? The phrase, 'do not have any pity.' " | We have therefore explained the idea of this commandment. The verse2 describes the woman as "the wife of one of the men" fighting because it speaks of the most common case. It conveys the principle that one must save the victim even at the cost of the attacker's limbs, and if it is impossible to save him any other way, you must kill him. | The details of this mitzvah are explained in the 8th chapter of tractate Sanhedrin.3 | FOOTNOTES | 1. | Deut. 25:12. | 2. | Ibid., 25:11. | 3. | 73a |
Negative Commandment 293
Sparing an Attacker
"You shall cut off her hand; you shall not pity her"—Deuteronomy 25:12.
We are forbidden to have pity on one who is pursuing another to kill him. Instead we are commanded to try to stop the pursuer at all costs, and if the effort to stop him is unsuccessful, and the pursuer persists in acting upon his intentions, we must fight him. If possible, we try to prevent him from killing by amputating one of his limbs, blinding him [etc.], and if the only way to stop him is by killing him, then he must be killed.
The same rule applies to a man pursuing a woman (or man) to rape her (or him).
This only applies while the attacker is pursuing the victim. Once the crime has been perpetrated, the criminal may not be summarily executed, but must be brought to court and tried.
Sparing an Attacker
Negative Commandment 293
Translated by Berel Bell
The 293rd prohibition is that we are forbidden from sparing the life of a rodef.
The explanation of this: we said in the previous mitzvah1 that witnesses may not kill someone who has performed a transgression until the High Court has sentenced him to death; but this applies only if he has already performed and completed the transgression that carries the death penalty. However, when he is still involved in trying to perform the act, he is termed a rodef, and we are then obligated to prevent him from doing the sin he has in mind. If he refuses and persists, we must attack him. If we can stop him by [merely] depriving him of use of a limb, such as cutting off his hand or foot, or blinding his eye, that is fine. But if the only way to restrain him is by killing him, he must be killed before he performs the act. In this case, there is a prohibition to have pity on the pursuer by refraining from killing him.
The source of this prohibition is G‑d's statement,2 "You must cut off her hand [if necessary, to save her victim] and not have any pity."
In the words of the Sifri: "The phrase 'You must cut off her hand [if necessary]' teaches that you must save him [even] by cutting off her hand. What is the source of the law that if you cannot save him only through cutting off her hand, then you must kill her in order to save him? From the phrase, 'and not have any pity.' " There [in the Sifri] it also says: "[The reason the Torah uses the example of] 'his private parts' is because [an attack to] his private parts could endanger his life. In this case 'you must cut off her hand.' So too in any case where his life is in danger, 'you must cut off her hand.' "
Our previous statement that the rodef must be killed does not apply to all cases where a person is attempting to do a transgression. It applies only when one is chasing after another trying to kill him, even should [the rodef3] be a child; or trying to commit rape in a case the Torah terms gilui ervah,4 obviously includes [to rape] another man. [That the law of rodef applies also to rape is derived from] the G‑d's statement5 (exalted be He), "Even if the betrothed girl has screamed out, there would have been no one to come and save her." This implies that would there have been someone to save her, that he would do so with any means at his command. The Torah compares the law of an attempted rape of a betrothed girl and an attempted murder in the verse,6 "This is no different from the case where a man rises up against his neighbor and murders him."
The details of this mitzvah are explained in the 8th chapter of tractate Sanhedrin.
FOOTNOTES
1.N292.
2.Deut. 25:12.
3.See Kapach, 5731, footnote 36.
4.This includes a married woman, a relative, etc.
5.Deut. 22:27.
6.Ibid. 22:26.
Negative Commandment 297
Saving a Person in Mortal Peril
"You shall not stand [idly] by the blood of your neighbor"—Leviticus 19:16.
It is forbidden to abstain from offering assistance when perceiving one's fellow in mortal danger, or his property in danger of destruction.
Examples: One who knows how to swim who sees his fellow drowning, must jump into the water to save him; if one becomes aware of a plot against another's life, it is his responsibility to attempt to thwart it; one who has evidence that could support his fellow's monetary claim in court, must come forward and testify.
Saving a Person in Mortal Peril
Negative Commandment 297
Translated by Berel Bell
The 297th prohibition is that we are forbidden from not saving a Jew's life in a case where we see that his life is in danger and we have the ability to save him. For example, when someone is drowning in the sea and we can swim well to be able to save him; or a non-Jew wants to kill him and we are able to change his mind or to PROTECT him from harm. [In such cases] there is a prohibition to refrain from saving him.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not stand still when your neighbor's life is in danger."
Our Sages say that even someone who denies that he has testimony is included in this prohibition, since he sees his brother's money being lost and is able to return it to him by testifying the truth. Another verse2 also refers to this: "and if he does not testify, he must bear his guilt." In the words of the Sifra: "What is the source of the law that when you can testify for someone, that you are forbidden from remaining silent? From the verse, 'Do not stand still when your neighbor's life is in danger.' What is the source of the law that if you see him drowning in the river, being attacked by robbers or by a wild animal that you are obligated to save him? From the verse, 'Do not stand still when your neighbor's life is in danger.' What is the source for the law that when a rodef is trying to kill someone, that you are obligated to save him even with the life [of the rodef]? From the verse, 'Do not stand still when your neighbor's life is in danger.' "
The details of this mitzvah are explained in tractate Sanhedrin.3
FOOTNOTES
1.Lev. 19:16.
2.Ibid. 5:1.
3.73a
Positive Commandment 182
Designating Cities of Refuge
"Prepare for you the way, and divide the border of the land into three parts"—Deuteronomy 19:3.
We are commanded to designate six cities of refuge in the Land of Israel, and prepare unobstructed and direct routes leading to them. These cities provided refuge [against avenging relatives] for individuals guilty of manslaughter.
Designating Cities of Refuge
Positive Commandment 182
Translated by Berel Bell
The 182nd mitzvah is that we are commanded to designate six cities of refuge, to be available for a person who killed someone accidentally. We must fix the road and keep it straight, and make sure that nothing will impede the fleeing person from running there.
The source of this commandment is G‑d's statement1 (exalted be He), "[You must separate three cities in the land which G‑d YOUR L‑rd is giving you to occupy.] Establish yourself a road, and divide your land into three parts."
The details of this mitzvah are explained in tractates Sanhedrin,2 Makkos,3 Shekalim,4 and Sotah.5
We have mentioned previously6 the statement of our Sages, "Cities of refuge are only in Israel."
FOOTNOTES
1.Deut. 19:3.
2.77b.
3.Ch. 2.
4.1:1.
5.See Kapach, 5731, footnote 17.
6.P176
Issurei Biah - Chapter One
Hayom Yom:
• Mnday, Elul 16, 5775 · 31 August 2015
"Today's Day"
Thursday Elul 16 5703
Torah lessons: Chumash: Tavo, Chamishi with Rashi.
Tehillim: 79-82. Also 46-48.
Tanya: Now, as regards (p. 469) ...as will be explained). (p. 473).
The Alter Rebbe interpreted the statement, "Whoever saves a single person of (the people) Israel is as though he saved an entire world1": One must perceive a Jew as he stands in the primordial thought of Adam Kadmon. There, each soul stands with all the generations destined to descend from it until the coming of Mashiach, the righteous Redeemer. When one does a favor to an individual, it is a favor to all those souls until the end of all generations.
FOOTNOTES
1. Sanhedrin 37a.
Halacha 1
When a person voluntarily engages in sexual relations with one of the arayot1mentioned in the Torah, he is liable for kerait,2 as [Leviticus 18:29] states: "Whenever anyone performs any of these abominations, the souls will be cut off...." [The plural is used, referring to] the man and the woman.3If they transgressed unknowingly, they are liable to bring a fixed4 sin offering. There are some arayot with whom relations are punishable by execution5 in addition to kerait which is applicable in all cases.6
Halacha 2
With regard to the arayot that are punishable by execution by the court. If there were witnesses, they delivered a warning,7 and the transgressors did not cease their actions, they are executed through the means prescribed for them.
Halacha 3
Even if a transgressor was a Torah scholar neither execution or lashes is administered unless a warning was given. For [the obligation for] a warning was instituted universally only to make a distinction between a person who transgresses inadvertently and one who transgresses intentionally.8
Halacha 4
Among the arayot punishable through execution by the court are those for [which the violators are] executing by stoning, those for which they are executed by burning, and those for which they are executed by strangulation.9
Halacha 5
The following arayot are punishable by burning: a person who has relations with his wife's daughter12 during his wife's lifetime,13 with the daughter of her daughter, with the daughter of her son, with her mother, with the mother of her mother, with the mother of her father, with his own daughter, with the daughter of his daughter, or with the daughter of his son.
Halacha 6
The only instance in which forbidden sexual relations are punishable by execution by strangulation is adultery, as [derived from Leviticus 20:10]: "The adulterer and the adulteress shall surely be put to death." Whenever the Torah mentions "putting to death" without further description, the intent is strangulation.14
If [the adulteress] is the daughter of a priest, she should be executed by burning and the adulterer by strangulation, as [ibid. 21:9] states: "The daughter of a priest, when she begins to act promiscuously, she shall be burnt with fire."15 If the adulteress is a consecrated16 maiden,17 both she and the adulterer should be stoned,18 as [Deuteronomy 22:23-24] states: "When a virgin maiden.... they shall be stoned with rocks...." Whenever the Torah uses the phrase "They shall surely be put to death, they are responsible for their own blood" [Leviticus 20:11] - they are executed by stoning.19
Halacha 7
All of the other arayot are punishable by kerait alone and are not punishable by execution by the court. Therefore if there were witnesses and a warning was administered, the court punishes them with lashes, for all those who are obligated for kerait are lashed.
Halacha 8
When a person enters into relations with women who are forbidden by merely a negative commandment,20 both he and she are lashed. If they do so unknowingly, they are not liable for punishment. When a person enters into relations with one of the shniyot,21 Rabbinic Law ordains that he be given "stripes for rebellious conduct."22 When, however, a person enters into relations with a woman who is forbidden merely by a positive commandment,23he need not be punished. If, however, the court [wishes to] administer stripes for rebellious conduct to him to distance him from sin, they have that option.24
Halacha 9
A person compelled [to engage in forbidden relations] is not liable at all, not for lashes nor for a sacrifice. Needless to say, there is no obligation for capital punishment, as [reflected by Deuteronomy 22:26]: "And to the maiden, do not do anything."25
To whom does the above apply? To the victim of rape. When, by contrast, a man engages in relations, there is no concept of being compelled against his will. For an erection is always a willful act.26
When a woman is compelled into relations at the outset and afterwards, she consents, she is not liable. Once [a man] compels her to engage in relations, it is beyond her control whether to desire [or] not. For man's natural tendency and inclination is compelling her to desire.27
Halacha 10
A person who inserts the corona into [the woman's vaginal channel] is referred to as one who "uncovers" as [Leviticus 20:18] states: "He uncovered her source."28 A person who inserts the entire organ is referred to as one who completes [intercourse]. With regard to all the forbidden relations [mentioned] by the Torah, one who "uncovers" and one who "completes [intercourse] are [equally] liable for execution by the court, kerait, lashes, or stripes for rebellious conduct. Even though the man did not ejaculate and even if he withdrew and did not complete relations, [the man and the woman] both become liable.29Whether a person engages in vaginal or anal intercourse,30 when he "uncovers" [the woman], they both become liable for execution, kerait, lashes, or stripes for rebellious conduct. Whether they were lying or standing,31 liability is established by the insertion of the corona.
Halacha 11
[There is never any liability when] a man engages in forbidden relations without an erection, instead his organ was hanging loosely like the organ of the dead, e.g., one who was sick or a person with a congenital malady, i.e., he was born sexually inadequate. Even though he inserts his organ with his hand, he is not liable for kerait or lashes. Needless to say, he is not liable for execution. For this is not considered sexual intercourse. Nevertheless, [such an act] disqualifies a woman from partaking of terumah.32 And the court subjects both of them to stripes for rebellious conduct.33
Halacha 12
When a person enters into sexual relations with one of the arayot as a casual act,34 although he did not intend to do so, he is liable.35Similar concepts apply with regard to one who enters into relations with women forbidden by a negative commandment alone or with one of the shniyot.36
When, however, a man has relations with one of the arayot after she died, he is not liable at all.37 Needless to say, this applies with regard to those women with whom relations are forbidden by a negative commandment alone. When, by contrast, one has relations with a person who is trefe38 or who has relations with an animal which is trefe, he is liable. [The person or the animal] is [now] alive even though he will ultimately die from this illness. Even when the two signs39 which validate ritual slaughter were slit but [the woman or the animal] is making its last movements, if one enters into relations with [her or it] he is liable until she or it dies or is decapitated.
Halacha 13
When an adult male enters into relations with any of the women forbidden in connection with the above transgressions who is three years and one day old or more,40 he is liable for execution, kerait, or lashes and she is not liable41 unless she is past majority. If she is younger than this, both participants are not liable, for the act is not considered as sexual relations.42
Halacha 14
When a man enters into relations with a male or has a male enter into relations with him, once the corona is inserted [into the anus] they should both be stoned if they are both adults. As [Leviticus 18:22] states: "Do not lie with a man," [holding one liable for the act, whether] he is the active or passive partner.
If a minor of nine years and a day or more is involved, the man who enters into relations or has the minor enter into relations with him should be stoned and the minor is not liable. If the male [minor] was less than nine years old, they are both free of liability.45 It is, however, appropriate for the court to subject the adult to stripes for rebellious conduct for homosexual relations46 although his companion was less than nine years old.
Halacha 15
One is liable for anal intercourse with an androgynus47 just as one is liable for relations with another male. One who engages in vaginal intercourse with [anandrogynus] is not liable.48
There is a doubt concerning the gender of a tumtum.49 Therefore a person who has relations with a tumtum or vaginal intercourse with an androgynus should be given stripes for rebellious conduct.50
An androgynus may marry a woman.51
Halacha 16
When a person sodomizes an animal or has an animal insert its organ in him, both the person and the animal should be stoned to death,52 as [Leviticus 18:23] states: "Do not lie down with any animal," prohibiting [such relations] whether he sodomizes the animal or has the animal enter him. All [living creatures] animals, beasts, and fowl should be stoned to death.53 The Torah did not make any distinction with regard to the age of an animal whether it is young or old. "Any animal" implies a prohibition on the day of its birth. Whether the person enters into vaginal or anal intercourse with the animal, when he inserts the corona or the animal inserts the corona within him, they are liable.
Halacha 17
When a boy nine years old sodomizes an animal or has an animal engage in relations with him, the animal should be stoned, but he is not liable.54 If the boy was less than nine years old, the animal is not stoned. Similarly, when a girl three years old or more causes an animal or a beast to have relations with her, whether it is an older animal or a younger animal, once the corona of the animal is inserted into her vagina or anus, the animal is stoned to death and she is not liable.55 If she was past majority, they both should be stoned to death. If she was less than three years old, the animal should not be stoned.56
Halacha 18
When a person lies with an animal inadvertently or a woman causes an animal to have relations with her inadvertently,57 the animal is not stoned to death even though they are past majority.58 With regard to [relations with] all thearayot, when one is an adult and the other a minor, the minor is not liable and the adult is liable, as explained. If one is awake and one is sleeping, the one who is sleeping is not liable.59 If one [transgresses] intentionally and the other inadvertently, the one who [transgresses] intentionally is liable60 and the one who transgresses inadvertently must bring a sacrifice. If one acted under duress and one acted willingly, the one who acted under duress is not liable as stated above.61
Halacha 19
The witnesses are not required to see [the precise details] of couple's intimate relations, the man inserting [his organ]as one inserts a piston into a pipe. Instead, once they see them clinging together as is the way of all who engage in relations, they may be executed on the basis of this evidence. We do not say: Maybe he did not insert the corona, because we can assume that in this position, the corona was inserted.62
Halacha 20
When an established presumption that people are close relatives has been established, we judge accordingly even though there is no clear proof that they were relatives.63 We give lashes and execute by burning, stoning, and strangulation based on such a presumption.
What is implied? If it is an accepted presumption that a particular woman is a man's sister, daughter, or mother and he had relations with her in the presence of witnesses, he is given lashes or executed by burning or stoning even though there is no clear-cut evidence that the woman is his sister, mother, or daughter, only the accepted presumption.
An incident occurred with a woman who came to Jerusalem carrying an infant on her shoulders and she raised it, [establishing] the assumption that he was her son. [After he grew older,] he had relations with her and they brought her to the court who executed her by stoning.64
A proof of this law can be drawn from the fact that the Torah speaks of the judgment of execution for one who curses his father and strikes his father65How can we find clear proof that he is his father?66 Instead, we operate according to the existing presumption. So, too, with regard to other relatives, we operate according to the existing presumption.
Halacha 21
[The following rules apply when] a man and a woman come from overseas, he says: "This is my wife," and she says: "This is my husband." If in [their new] city, he establishes the presumption that she is his wife67 for 30 days,68 we execute [an adulterer who has relations] with her. Within 30 days, however, we do not execute anyone on the presumption that she is a married woman.69
Halacha 22
When a woman is presumed to be a niddah among her neighbors,70 her husband is given lashes for [engaging in relations] with her in the niddahstate.71
[The following rule applies when] a person issues a warning [not to enter into seclusion with a specific man]72 to his wife and she enters into seclusion with him. If one witness comes and testifies that she was unfaithful,73 her husband was a priest, and he engaged in relations with her afterwards, he receives lashes because of her because he had relations with a zonah.74 Although the fundamental element of this testimony is established by one witness,75 [her conduct caused] her identity to be established as a zonah.76
Halacha 23
When a father says: "My daughter is consecrated to this person," his word is accepted77 and she must marry him.78 [Nevertheless,] if she acts unfaithfully while [consecrated] to him, she is not stoned to death79 because of her father's statements unless there are witnesses [who testify] that she was consecrated in their presence.80
Similarly, when a woman states: "I have been consecrated," [if it is discovered that she engaged in relations with another man,] she is not executed on the basis of her own statements. Instead, there must be witnesses [that she was consecrated] or she must have established a common conception [that this was the case].
| FOOTNOTES | |
| 1. |
In Hilchot Ishut 1:5, the Rambam defines the term arayot as "[Those women] with whom relations are forbidden by Scriptural Law and with whom relations are punishable by kereit as enumerated in Parshas Acharei Mot.
|
| 2. |
Literally, the soul's being cut off. This involves premature death in this world (before the age of 50,Mo'ed Kattan 28a) and the soul not meriting a portion in the world to come (Hilchot Teshuvah 8:1).
|
| 3. |
The prohibition and the punishment is incumbent on them both equally.
|
| 4. |
This term is used to distinguish the sacrifice from the "adjustable guiltOFFERING
" (korban olah viyoreid) that is brought for certain transgressions. See Hilchot Shegagot ch. 1 which describes the fixed sin offering , and ch. 10 which describes the adjustable guilt offering. |
| 5. |
See Halachot 4-6.
|
| 6. |
Even if they cannot be executed because the court cannot find two appropriate witnesses, they are punishable by kerait.
|
| 7. |
See Hilchot Sanhedrin 12:2 which describes the obligation to give a warning and states: "How is a warning administered? We tell him: 'Desist..." or 'Do not do it. It is a transgression and you are liable to be executed by the court....'.
|
| 8. |
The Rambam's ruling reflects a unique instance in which he uses the wording of a Talmudic passage for the opposite intent. Sanhedrin 8b quotes Rabbi Yossi bar Rabbi Yehudah as coining the expression the RambamEMPLOYS
: "A warning was instituted only to make a distinction between a person who transgresses inadvertently and one who transgresses intentionally." Rabbi Yossi, however, used this concept as support for his contention that a Torah scholar does not need a warning. Since he is knowledgeable, we assume that he is familiar with the laws. If he is transgressing, we can conclude that he is doing so as a conscious act of rebellion. Hence, he is deserving of punishment.
The Rambam differs, maintaining that even a Torah scholar might not be aware that his act violates a particular prohibition. We do not suspect that he did know the law, it was however possible that he was aware of the prohibition, but not know that it applied in this instance, e.g., he knew that adultery was forbidden, but did not know whether or not the woman was married or related to him. The warning will clarify that for him (Maggid Mishneh; Kessef Mishneh to Hilchot Sanhedrin, loc. cit.).
|
| 9. |
See Hilchot Sanhedrin 15:1-5 for a description of these different modes of execution.
|
| 10. |
Even if she is not his mother.
|
| 11. |
The wording of the Hebrew emphasizes that his son married the woman, not merely engaged in relations with her.
|
| 12. |
I.e., from a previous marriage.
|
| 13. |
After his wife's death, her daughter is still prohibited to him and they are punishable by kerait. There is, however, no punishment to be administered by an earthly court. As stated in Chapter 2, Halachah 8, this applies to any woman prohibited because they are closely related to the person's wife.
|
| 14. |
Sanhedrin 52b explains the rationale for this statement as follows: Just as death at the hand of heaven does not leave a mark; so, too, unless another form of execution is explicitly stipulated, death at the hand of the court should not leave a sign. This alludes to strangulation in which the condemned's body is not marred at all.
|
| 15. |
See Chapter 3, Halachah 3.
|
| 16. |
ACCORDING
to Jewish law, marriage is a two-staged process involving consecration (erusinor kiddushin) and marriage (nissuin). Consecration establishes the bond between a man and a woman. From that time onward, she is forbidden to engage in relations with other men. It is not until marriage, however, that the husband and wife relationship is consummated and the coupleBEGIN their life together.
In the present era, both of these stages of marriage are completed at the same time. In the Biblical and Talmudic eras, it was customary to wait a year between these two stages.
|
| 17. |
I.e., between the age of twelve and twelve and a half and she is a virgin. Otherwise, adultery is punished by strangulation.
|
| 18. |
See Chapter 3, Halachah 4.
|
| 19. |
Sanhedrin 53a derives this concept from the fact that this phrase is used with regard to a person who divines with a yidoni concerning whom Leviticus 20:27 explicitly states that he should be stoned to death.
|
| 20. |
I.e., the punishment of kerait is not mentioned with regard to them. They include nine forbidden relationships, e.g., a mamzer or a mamzeret to an acceptable Jew or a divorcee to a priest. These nine are mentioned in Hilchot Ishut 1:7.
|
| 21. |
Literally, "secondary." In Hilchot Ishut 1:6, the Rambam explains that this term refers to "women with whom relations are forbidden according to the Oral Tradition. These prohibitions are Rabbinic in origin." HeCONTINUES
listing 20 such women with whom our Sages forbade relations as a safeguard for the Scriptural prohibitions. For example, as a safeguard against relations with one's mother, the Sages forbade relations with both of one's grandmothers. |
| 22. |
Lashes mandated by Rabbinic decree which are given as punishment for the violation of Rabbinic commandments and for other purposes. See Hilchot Sanhedrin 16:3, 18:5, which mentions this punishment.
|
| 23. |
Relationships which the Torah does not explicitly prohibit, but the prohibition can be derived from aPOSITIVE
commandment. For example, there is no prohibition against a High Priest marrying a non-virgin. Nevertheless, since he is commanded (Leviticus 21:13) to marry a virgin bride, we assume that it is forbidden for him to marry a woman who is not a virgin. There are two other such relationships: Egyptian and Edomite converts who cannot marry into the Jewish people until the third generation. See Hilchot Ishut 1:8. |
| 24. |
See Hilchot Sanhedrin 24:4 which states that the court may administer punishment that is not required by Torah Law if they feel that it will lead to the moral development of the Jewish people.
|
| 25. |
The verse cited speaks of the rape of a consecrated maiden in a field where even if she had called for help, there would have been none to save her. Since she was compelled to perform the transgression, she is not held responsible.
|
| 26. |
The Ra'avad takes issue with the Rambam on this point, explaining that if a man develops an erection with the intent of having relations with his wife and while he is still erect, he is compelled to engage in forbidden relations, he is considered to have acted against his will. The Maggid Mishnehstates that even the Rambam would accept such a ruling.
The Maggid Mishneh states, however, that there are authorities who maintain that if a man is compelled to engage in relations at the pain of death, he is considered to have been compelled to act against his will. Yevamot 53b, the source for the Rambam's ruling, is speaking about a situation when a person is not compelled by forces beyond his control. Other authorities maintain that he is liable, even in such a situation. It is, however, unlikely that the Rambam would maintain that the court should actually carry out capital punishment. For in Hilchot Yesodei HaTorah 5:4, the Rambam writes that a person who is compelled by gentiles to engage in adulterous or incestuous sexual relations should sacrifice his life rather than do so. If, however, he fails to chose martyrdom and transgresses, he should not be punished by the court. It would be difficult to explain that ruling applies only in a situation when he had already developed an erection for a woman with whom he was permitted to engage in relations and was then compelled to engage in forbidden relations. Thus it would appear that the man is not held responsible for capital punishment engaging in relations at the threat of death. [See Bayit Chadash (Yoreh De'ah 20)].
See also the Kessef Mishneh to Hilchot Sanhedrin 20:2 who states that since developing an erection comes as a result of the man's own pleasure and desire, he is considered to have acted willingly even though he was compelled to engage in the relations.
|
| 27. |
Ketubot 51a states that even if the woman says: "Let him continue, for had he not taken me by force, I would have hired him," she is considered as acting under duress and freed of liability. For it was not until after she was overcome by desire that she consented.
|
| 28. |
This expression is used with regard to relations with a woman in the nidah state. From that instance, Yevamot 54a derives a connection to the entire Torah.
|
| 29. |
If, however, the man merely touches the entrance to the vaginal channel with his organ, he is not liable (see Beit Shmuel 20:3).
|
| 30. |
Based on Leviticus 19:13, Sanhedrin 54a states that both forms of intercourse are equally forbidden.
|
| 31. |
Or Sameach notes that Leviticus 18:23 explicitly mentions a woman standing while engaged in forbidden relates.
|
| 32. |
I.e., if a priest's daughter or a priest's wife is involved in such a sexual act, she is forbidden to partake of terumah just as if she would be forbidden to do so had she engaged in ordinary relations (see Hilchot Terumah 6:6).
|
| 33. |
"Stripes for rebellious conduct" is a punishment which is not dependent on the Torah's binding laws, but rather is left to the court's jurisdiction based on its conception of what is appropriate for the moral standards of the persons involved and the community. Although such an act is not formally considered as sexual relations, chastisement is necessary to prevent such behavior from continuing.
|
| 34. |
The Hebrew term kimitasek literally means "as one was going about his business," i.e., he was performing other actions and without any intent, the forbidden act was performed.
|
| 35. |
Since he derived pleasure from the physical act, he is liable even though originally he had no intent (Yevamot 62b).
This refers only to liability for a sin offering for inadvertent transgression. Needless to say, he is not liable for punishment by the court, because in such instances, he must acknowledge a warning (Maggid Mishneh).
The commentaries question how sexual relations can be performed "as one was going about his business." With regard to the Sabbath prohibitions, we can appreciate the use of such a term. For example, a person intended to cut produce that was not connected to the ground and in the course of doing so also cut produce that was connected to the ground. But with regard to sexual relations, how is it possible to say that a man performed the act without intention? As stated above, "an erection is always a willful act."
Based on Hilchot Shegagot 2:7, the Maggid Mishneh interprets this as referring to an instance in which a person intended to engage in relations with his wife, but accidentally engaged in relations with his sister.
|
| 36. |
The Ra'avad questions the Rambam's statements and the Maggid Mishneh states that this clause is a printing error, for there is no sacrifice associated with these transgressions. The Kessef Mishneh offers a resolution, explaining that although he is not punished by an earthly court, nor is he obligated to bring a sacrifice, the transgressor is liable to God. He will reckon with the transgression on His scales of judgment. Rav David Arameah states that this teaches that the person has an obligation to confess his sin.
|
| 37. |
Yevamot 55b derives this concept through the techniques of Biblical exegesis.
|
| 38. |
An animal or a person that is sick or wounded and will die within a year.
|
| 39. |
I.e., the esophagus and the windpipe were cut.
|
| 40. |
I.e., she reaches the date of her third birthday.
|
| 41. |
For a minor is never liable for punishment. Even though she consented to the transgression, she is not subjected to punishment, because she is not considered as responsible for her actions (Nidah 44b). Despite the fact that the woman is not punished, the man receives the punishment mandated by the transgression.
|
| 42. |
For until that age, her signs of virginity will regenerate and hence, relations are not of consequence. Nevertheless, even when the girl is below that age, it is forbidden to enter into such relations (the Rambam's Commentary to the Mishnah, Sanhedrin 7:4).
|
| 43. |
In his commentary to the Mishnah (ibid. ), the Rambam states that the punishment of kerait is not given until the violator is 20 years of age. Until that age, the person is considered immature and hence, not held liable by the heavenly court.
|
| 44. |
For below that age, relations are not of consequence.
|
| 45. |
For sexual relations with a male below the age of nine are not of consequence. Nevertheless, it is forbidden to enter into such relations (the Rambam's Commentary to the Mishnah, Sanhedrin 7:4).
|
| 46. |
Although he is not liable according to Scriptural Law, his act certainly warrants punishment that will discourage him from continuing this pattern of conduct.
|
| 47. |
A person with male and female sexual characteristics.
|
| 48. |
For there is a doubt regarding the halachic status of such an individual.
|
| 49. |
A person whose genital are is covered with a mass of flesh and whose gender is impossible to detect. With regard to an androgynus, the doubt concerns the individual's halachic status. With regard to the tumtum, the doubt concerns the actual facts: Which gender is covered by the mass of flesh?
|
| 50. |
Since there is a possibility that such relations are prohibited, this punishment should be given to discourage them.
|
| 51. |
I.e., although there is a question regarding the status of the androgynus, relations between him and her are permitted (Maggid Mishneh).
|
| 52. |
Since the animal was the direct cause for the person's death, the animal is also executed. Alternatively, since the person was engaged in an unseemly transgression due to the animal, it is executed (Sanhedrin 54a).
|
| 53. |
And it is forbidden to benefit from that animal (Hilchot Issurei Mizbeach 4:2).
|
| 54. |
For a minor is never liable for punishment. Sanhedrin 55b explains that based on the first rationale mentioned in the previous note, one might think that the animal should not be executed. Nevertheless, the person is worthy of execution because of his deed, it is only that the Torah has pity on him. And the Torah has pity on the person and not on the animal.
|
| 55. |
For she is not of age.
|
| 56. |
For this is not considered relations.
|
| 57. |
The question how such acts can be considered inadvertent has been raised by the commentaries. Among the answers given is that the person was not aware that the act which he performed was forbidden.
|
| 58. |
Since the person is not executed, according to the first of the rationales mentioned above, the animal should not be executed. Since our Sages did not conclude which of the rationales should prevail, the matter is left undecided and therefore the animal is allowed to live.
|
| 59. |
The person sleeping is considered as if he performed the forbidden act under duress.
|
| 60. |
For punishment by the court or at the hand of heaven.
|
| 61. |
Halachah 13.
|
| 62. |
This and the following halachot are based on the principle that a chazzakah, a presumption that is firmly established, is binding and considered as actual fact.
|
| 63. |
I.e., as long as it is the popular conception that two individuals are related, we judge accordingly. It is not necessary for the court to bring testimony from the midwife that in fact this-and-this woman bore this-and-this child.
|
| 64. |
The punishment given for relations between a mother and her son.
|
| 65. |
Exodus 21:15, 17.
|
| 66. |
For we have no way of establishing the fact that his father conceived him.
|
| 67. |
By living together as husband and wife in a way obvious to all.
|
| 68. |
We see the concept of 30 days used to establish a person's identity in another context: After that period of time, his name may be mentioned in a legal document without fear of deception (Chelkat Mechokek 19:3; see Hilchot Malveh ViLoveh 24:4).
Although capital punishment is not enforced in the present age, there are certain aspects of this halachah which are relevant, for there are several halachic contexts in which it is necessary to determine whether or not a woman is married. Today, with the advances in recording keeping and communication, it is customary for the Jewish community - particularly, in Eretz Yisrael and in a partial way, in certain places in the Diaspora - to keep records and to be able to verify whether or not a couple are married.
|
| 69. |
The transgressors are given "stripes for rebellious conduct" for certainly there is at least a possibility that the couple who claim to be husband and wife are married (Rabbi Akiva Eiger to Halachah 15).
|
| 70. |
I.e., she wore clothes that she set aside to wear while she is in her niddah state. See Turei Zahav185:2 who states that even if the woman later gives an explanation for her conduct, her explanation is not accepted and we consider her status to have changed. The Siftei Cohen and others, however, differ. See Chapter 4, Halachah 10.
|
| 71. |
A man is forbidden to have relations with a woman while she is in the niddah state. In this instance, although we do not know for certain that she was in the niddah state, we act according to the presumption created by her conduct.
|
| 72. |
When a man issues such a warning to his wife and she violates it, he is forbidden to engage in relations with her until she drinks the sotah waters (Hilchot Sotah 1:2).
|
| 73. |
In which instance, she is not given the sotah waters to drink. Instead, her husband is required to divorce her (ibid.:14).
|
| 74. |
The term zonah is halachicly defined as any woman who engages in relations with a man forbidden to her. The term literally means "a prostitute" or "a promiscuous woman." Here, however, the term is given the specific halachic meaning mentioned above. Whether she willingly or unwillingly engages in such relations, she is placed in this category. A priest is forbidden to engage in relations with such a woman. See Chapter 18, Halachah 12.
|
| 75. |
One might think that it was necessary for the change in the status of the woman to be established through the testimony of two witnesses.
|
| 76. |
I.e., since she violated the warning her husband gave her, we assume that she acted unfaithfully. Hence, the testimony of one witness is sufficient to bring about a change in her status.
The Ra'avad differs with the Rambam and maintains that the man is given lashes for violating a different prohibition, the prohibition against relations with a wife who has been unfaithful. The Ra'avad, however, speaks of the woman being raped and maintains that a woman is not placed in the category of a zonah when only one person observes her being raped.
The Maggid Mishneh questions the Ra'avad's statements, noting that the Rambam does not mention rape at all. The Maggid Mishneh also states that the Rambam does not require lashes when a man engages in relations with his wife after she was unfaithful. The Kessef Mishnehquestions that statement, noting that in Hilchot Gerushin 11:14, the Rambam specifically rules that a man is given lashes in such a situation. See also the notes to Chapter 18, Halachah 7.
|
| 77. |
We are speaking about a girl who is a na'arah between the age of twelve and twelve and a half. Her father has the right to consecrate her to whoever he desires. Therefore we accept his word when he states that he consecrated her, as Deuteronomy 22:16 states: "I gave my daughter to this man" (Kiddushin 64a).
(A father's word is also accepted with regard to consecrating his daughter is she is younger. We are, nevertheless, compelled to say that here we are speaking about a na'arah, because punishment is mentioned and a girl below the age of twelve is never punished by the court.)
|
| 78. |
Or undergo formal divorce proceedings before marrying another man.
|
| 79. |
The punishment given for relations with a consecrated maiden.
|
| 80. |
Although the father's statement is given a certain amount of legal credibility, it is not considered as sufficient basis for capital punishment (Kiddushin 63b)
|
Rotzeach uShmirat Nefesh - Chapter Five
Halacha 1
Whenever a person kills unintentionally, he should be exiled from the city in which he killed, to a city of refuge. It is a positive mitzvah to exile him, as implied by Numbers 35:25: "He shall dwell there until the death of the High Priest."
The court is admonished not to accept a ransom from the killer to enable him to remain in his city, as Ibid.:32 states: "You shall not accept a ransom so that he will not have to flee to his city of refuge."
Halacha 2
A person who kills unintentionally is not exiled unless the person whom he kills dies immediately. If, however, he wounds a person unintentionally - even though the court assesses that the victim will die - and the victim indeed falls sick and dies, the killer is not exiled. The rationale is that the death may not have been entirely the killer's fault; perhaps the victim in some way hastened his own death or wind entered his wound and caused him to die.
Even if the killer severed the victim's windpipe and esophagus, if the victim remained alive for a short while, the killer is not exiled on his accord. Therefore, it is only when the victim died without entering any death spasms at all, or was killed in a place that was not open to the wind - e.g., a closed marble building, or the like - that the killer is exiled.
Halacha 3
When a Jew unintentionally kills a servant or a resident alien, he must be exiled. Similarly, if a servant unintentionally kills a Jew or a resident alien, he should be exiled.
Similarly, a resident alien who kills another resident alien or a servant unintentionally should be exiled, for the passage concerning the cities of refuge,Numbers 35:15, describes them as being for "the children of Israel, an alien and the residents among you."
Halacha 4
When a resident alien kills a Jew unintentionally, he should be executed, even though he acted unintentionally. The rationale is that a person must always take responsibility for his conduct.
Similarly, if a resident alien kills another resident alien because he thought that it was permitted to kill, he is considered to be close to acting intentionally, and he should be executed, for he intended to kill.
When one gentile kills another gentile unintentionally, the cities of refuge do not serve as a haven for him, for the above verse states: "For the children of Israel."
Halacha 5
When a son unintentionally kills his father, he should be exiled. Similarly, when a father unintentionally kills his son, he should be exiled.
When does the above apply? When the father kills the son while not in the midst of Torah study, or when he was teaching his son a profession that is not necessary for him. If, however, he imposes punishment on his son while teaching him Torah, secular knowledge or a profession, and the son dies, the father is not liable for exile.
Halacha 6
Similarly, when a teacher strikes a student or an emissary of the court strikes a litigant who refuses to appear in courtand accidentally kills him, he is not liable for exile.
This concept is derived from Deuteronomy 19:5, which mentions the punishment of exile for a person who unintentionally kills a colleague while "chopping wood" - i.e., a permitted act. Thus, this punishment is not imposed when a father strikes a son, a teacher strikes a student, or an emissary of the court strikes a litigant, for they unintentionally killed while performing a mitzvah.
Halacha 7
At the outset, both a person who killed unintentionally and one who killed intentionally should flee to a city of refuge. The court in the city in which the killing took place sends for the killer and brings him back to that city, as ibid.:12 states: "And the elders of his city shall send and take him from there."
If the killer is condemned to execution, he should be executed, as ibid.continues: "And they shall give him to the hand of the blood redeemer." If a person is absolved, he should be released, as Numbers 35:25 states: "And the congregation shall save the killer from the hand of the blood redeemer." And if the killer is sentenced to exile, he should be returned to his previous place, asibid. continues: "And the congregation shall return him to his city of refuge."
Halacha 8
When he is returned to his city of refuge, he is given two Torah sages to accompany him, lest the blood redeemer attempt to kill him on the way. They should tell him: "Do not deal with him in the manner of those who shed blood. It was unintentional that this happened."
Halacha 9
When a blood redeemer slays a person who killed unintentionally outside the Sabbath limits of his city of refuge, he is not held liable, as Deuteronomy 19:6states: "He is not judged as liable to be executed."
Halacha 10
The above applies whether he kills him on the road before he enters his city of refuge or if he kills him when returning together with the two who are guarding him. If he enters his city of refuge and intentionally departs beyond its Sabbath boundaries,he has granted license for his life to be taken. The blood redeemer is permitted to kill him. And if another person kills him, that other person is not liable, as Numbers 35:27 states: "There is no liability for his blood."
Halacha 11
If the killer leaves his city of refuge unintentionally, whoever slays him - whether the blood redeemer or another person - should be exiled. If the killer is slain within the Sabbath limits of the city of refuge, the one who slayed him should be executed.
Halacha 12
The altar in the Temple serves as a haven for killers. This is derived fromExodus 21:14, which states with regard to a person who kills intentionally: "You shall take him from My altar to die." One can derive from this, that one who kills unintentionally should not be killed at the altar.
Thus, if a person kills unintentionally and takes refuge at the altar, and the blood redeemer kills him there, he should be executed as if he killed him in a city of refuge.
Halacha 13
What serves as a haven is only the top of the altar in the Temple. Moreover, it serves as a haven only for a priest who is in the midst of sacrificial worship. For a person other than a priest, a priest who is not involved in the sacrificial worship, or a priest who was involved in the sacrificial worship but was near the altar or holding on to its horns, the altar does not serve as a haven.
Halacha 14
If someone takes refuge on the altar, he is not left there. Instead, he is given guards and taken to a city of refuge.
When does the above apply? When one is obligated to be exiled. If, however, a person feared that a king will have him executed as is the king's authority, or that the court will execute him as an immediate directive, and fled to the altar and held on to it, he should be saved.
This applies even if he is a commoner. He should not be taken from the altar to die unless he was sentenced to death because of the testimony of witnesses who delivered a warning, as is always required with regard to those executed by the court.
Rotzeach uShmirat Nefesh - Chapter Six
Halacha 1
There are three categories of unintentional killers.
Halacha 2
There is a person who kills unintentionally, without at all knowing that this will be the consequence of his actions. Concerning such a person, Exodus 21:13 says: "Who did not lay in ambush." The law applying to such a person is that he should be exiled to a city of refuge, as we have explained in the previous chapter.
Halacha 3
There is a person who kills unintentionally, whose acts resemble those caused by forces beyond his control - i.e., that the death will be caused by an extraordinary phenomenon that does not commonly occur. Such a person is not liable to be exiled, and if he is slain by the bloodREDEEMER, the blood redeemer should be executed for killing him.
, the blood redeemer should be executed for killing him.
Halacha 4
There is a person who kills unintentionally, whose acts resemble those willfully perpetrated - e.g., they involve negligence or that care should have been taken with regard to a certain factor and it was not. Such a person is not sentenced to exile, because his sin is very severe and exile cannot bring him atonement, nor do the cities of refuge served as a haven for him. For they serve as a haven only for those obligated to be exiled. Therefore, if the blood redeemer finds this killer anywhere and slays him, he is not liable.
Halacha 5
What should such a person do? Sit andPROTECT himself from the blood redeemer.
himself from the blood redeemer.
Similarly, if the blood redeemer slays any of the murderers whose acts were observed by only one witness, or who were not given a warning or the like, the blood redeemer is not liable for execution. Killing such individuals should not be considered more severe than killing a person who killed unintentionally.
Halacha 6
What does the above imply? When a person throws a stone into the publicDOMAIN and it causes death or he tears down his wall into the public domain, and a stone falls and causes death - whether he tears down the wall during the day or during the night - he is considered to be close to having acted intentionally. A city of refuge does not serve as a haven for him. For he should have checked the surroundings and then thrown the stone or torn down the wall.
and it causes death or he tears down his wall into the public domain, and a stone falls and causes death - whether he tears down the wall during the day or during the night - he is considered to be close to having acted intentionally. A city of refuge does not serve as a haven for him. For he should have checked the surroundings and then thrown the stone or torn down the wall.
Halacha 7
The following rules apply if a person tears down a wall into a garbage dump at night. If it is likely that people are there, he is considered to be close to having acted intentionally, and a city of refuge does not serve as a haven for him. If people are never found there, the death is considered close to having been caused by forces beyond his control, and he is not liable for exile.
Halacha 8
Different rules apply if people would use a garbage dump to relieve themselves at night, but would not use it for this purpose during the daytime. If it happened that a person sat there during the day, and he was killed by a stone that came from a person tearing down his wall, the person who tore down his wall should be exiled.
If after the stone began to fall, the person came and sat down, and the stone struck him and caused his death, the person who tore down his wall is not liable to be exiled.
Halacha 9
Similarly, if a person threw a stone into the publicDOMAIN, and after the stone left his hand, the victim stuck his head out from a window and was struck by it, the person who threw the stone is not liable for exile. This is derived fromDeuteronomy 19:5, which states: "the iron slips from the wood and finds his fellow." This excludes an instance when the victim causes himself to be found by the iron or other object that causes death.
, and after the stone left his hand, the victim stuck his head out from a window and was struck by it, the person who threw the stone is not liable for exile. This is derived fromDeuteronomy 19:5, which states: "the iron slips from the wood and finds his fellow." This excludes an instance when the victim causes himself to be found by the iron or other object that causes death.
Halacha 10
When a person who hates the victim kills unintentionally, the city of refuge does not serve as a haven for him. This is implied by Numbers 35:23, which states that a person who is exiled: "is not the victim's enemy." We operate under the presumption that one who is an enemy is close to having acted willfully.
Who is considered to be an enemy? A person who did not speak to the victim for at least three days because of animosity.
Similarly, all the following individuals are considered close to having acted willfully, and a city of refuge does not serve as a haven for them:
a) a person who entered an intersection holding an open knife in his hand without realizing that the victim was approaching from the other side and unintentionally stabbed him, causing his death;
b) a person who unintentionally pushed a colleague to his death with his body and not with his hands;
c) a person who intended to throw a stone that could kill two cubits, and instead threw it four;
d) a person who thought that it was permitted to kill;
e) a person who intended to kill one person and instead killed another. This applies even if he intended to kill a gentile or an animal and instead killed a Jew.
Halacha 11
When a person enters a courtyard of a homeowner without permission, and the homeowner kills him unintentionally, the homeowner is not liable to be exiled as can be inferred from Deuteronomy 19:5, which, when describing a person who must be exiled speaks of one: "Who encounters his colleague in the forest." Our Sages commented: A forest is a place that the victim has the right to enter. Similarly, in all such places, and only in such places, is a killer liable to be exiled.
Therefore, if a person enters a carpenter's shop without permission, and a block of wood flies forth and strikes him in the face and kills him, and he dies, the carpenter is not liable to be exiled. If he entered with permission, the carpenter should be exiled.
Halacha 12
When a person was lifting a barrel with a pulley to bring it up to a roof, and the the rope broke, causing it to fall on a colleague, or a person was climbing up a ladder and fell on a colleague and killed him, the person who caused the death is not liable to be exiled. This is considered to be something beyond his control. For this is not something that is likely to happen, but is rather an extraordinary occurrence.
If, by contrast, a person was lowering a barrel with a rope and it fell on a colleague and killed him, he was descending on a ladder and fell on a colleague, or he was shining with a polisher and it fell on a colleague and killed him, the person responsible should be exiled.
This is derived from Numbers 35:23, which states: "And it fell upon him, and he died," implying that the article must descend in an ordinary manner. An object that descends frequently causes damage. Indeed, it is likely that this will happen, for the nature of a heavy object is to descend downward speedily. Therefore, if the person did not hurry and act appropriately and properly while the object descended, he is responsible and should be exiled. The same applies in other analogous situations.
Halacha 13
The following rules apply when a butcher was cutting meat and lifted his hands backward while holding a cleaver, and then brought them forward to break a bone, as butchers do. If anyone is killed while he draws the cleaver back - i.e., while he lifts it up in front of him or while he causes it to descend behind him, the butcher is not exiled. If anyone is killed when he brings the cleaver forward - i.e., while he lifts it up behind him or while he causes it to descend in front of him - the butcher should be exiled.
This is the governing principle. Whenever the object that kills is descending, the person responsible should be exiled. If it is not descending, he should not be exiled. Even a descent for the purpose of ascent does not cause the person to be exiled.
Halacha 14
What is an example of a "descent for the purpose of an ascent"? If a person was ascending on a ladder, and a rung gave way under his feet and fell and caused death, the person climbing is not obligated to be exiled.
Similarly, in the following situations, the death is considered close to having been caused by factors beyond the control of the individuals involved and they are not exiled:
a) a person intended to throw an article in one direction and it went in another direction,
b) a person had a stone in his bosom that he had never been made aware of and when he stood up it fell, or
c) a blind man killed someone unintentionally.
Halacha 15
If there was a stone in his bosom that he was aware of and he forgot it, and then he stood up, the stone fell and caused death, he is exiled, as implied byNumbers 35:15, which mentions the death taking place "unintentionally." From the use of that term, we can infer that he knew of the stone's existence beforehand.
If the iron slips from the axe rebounding from the tree he is chopping, he is not exiled, because this does not come from his own force, but from the effect generated by his force. Thus, it is like a factor that is beyond his control.
Similarly, if a person throws a stone into a date palm to knock down dates, and the dates fall on an infant and kill him, the person who throws the stone is not liable to be exiled, because the infant was killed, not by force that he generated, but from the effect generated by his force. Similar principles apply with regard to other blows brought about by analogous situations.
Rotzeach uShmirat Nefesh - Chapter Seven
Halacha 1
When a Torah scholar is exiled to a city of refuge, his teacher is exiled together with him. This is derived from Deuteronomy 19:5, which states: "He shall flee to one of these cities, and he shall live." Implied, is that everything necessary for his life must be provided for him. Therefore, a scholar must be provided with his teacher, for the life of one who possesses knowledge without Torah study is considered to be death. Similarly, if a teacher is exiled, his academy is exiled with him.
Halacha 2
When a servant is exiled to a city of refuge, his master is not obligated to provide for his sustenance. The income from his labor, however, belongs to his master.
When a woman is exiled to a city of refuge, her husband is obligated to provide for her sustenance. For he cannot tell her: "Take the fruits of your labor in exchange for your sustenance," unless the woman is capable of earning a sufficient amount to provide for herself.
Halacha 3
When a killer was sentenced to exile and died before the sentence was implemented, his bones should be taken to a city of refuge and buried there.
When a killer dies in his city of refuge, he should be buried there. When the High Priest dies, the bones of the killer may be taken to his ancestral plot.
Halacha 4
When any of the other Levites who live in the city of refuge dies, he should not be buried within the city or within its Sabbath boundary. As Numbers 35:3states: "Their open space will be for their animals, for their property and for all their life." Implied is that these cities were given for life, and not for burial.
Halacha 5
When a killer kills accidentally in a city of refuge, he should be exiled from one neighborhood to another. He should not depart from the city.
Similarly, when a Levite kills in one of his own cities, he should be exiled to another one of the cities of the Levites. For they all serve as a haven, as will be explained. If he killed outside the cities of the Levites and fled to his own city, that city serves as a haven for him.
Halacha 6
When the majority of the inhabitants of a city of refuge are killers, it no longer serves as a haven. This is derived from Joshua 20:4, which speaks of the designation of the cities of refuge and states: "And the killer will speak his words in the ears of the elders of the city." Implied is that there is a distinction between their words and his words.
Similarly, a city that does not have elders does not serve as a haven, for it is written: "The elders of that city."
Halacha 7
When a killer was exiled to a city of refuge, and the inhabitants of the city desire to show him honor, he should tell them: "I am a killer."
If they say, "We desire to honor you regardless," he may accept the honor from them.
Halacha 8
A person who was exiled to a city of refuge should never leave his city of refuge, not even to perform a mitzvah or to deliver testimony - neither testimony involving monetary matters, nor testimony involving a capital case. He should not leave even if he can save a life by delivering testimony, or he can save a person from gentiles, from a river, from a fire or from an avalanche. This applies even if he is a person like Yoav ben Tz'ruyah, upon whom the salvation of the entire Jewish people may depend. He should never leave the city of refuge until the death of the High Priest. If he departs, he has allowed for his death, as explained.
Halacha 9
When it is said that a killer may return after the death of the High Priest, the intent is a High Priest anointed with the anointing oil, one who assumed his office through wearing his vestments, one who performs the service of a High Priest, and one who was removed from his office. When any of these four die, a killer may return from his city of refuge.
When, by contrast, a priest anointed to lead the nation in war dies, a killer may not return, for this priest is considered to be an ordinary priest.
Halacha 10
The following individuals are exiled and never return from their exile:
a) a person who was sentenced to exile at a time when the office of High Priest was not filled;
b) a person who killed a High Priest unintentionally and there was no other High Priest; or
c) a High Priest who killed unintentionally and there was no other High Priest.
Halacha 11
If, however, the killer was sentenced, but the High Priest died before the killer was actually exiled, he is not required to go into exile.
If before the killer was sentenced, the High Priest dies, and another High Priest was appointed in his stead, and then the sentence of exile was delivered, the killer returns after the death of the second High Priest, the one in whose term of office he was sentenced.
Halacha 12
If a killer was sentenced and it was discovered that the High Priest was the son of a divorcee or the son of a woman who underwent chalitzah, the High Priesthood is negated. It is as if he were sentenced without there having been a High Priest; he may never leave his city of refuge.
Halacha 13
When a killer returns to his city after the death of the High Priest, he is considered to be an ordinary citizen. If the blood redeemer slays him, the blood redeemer should be executed, for the killer has already gained atonement through exile.
Halacha 14
Although the killer has gained atonement, he should never return to a position of authority that he previously held. Instead, he should be diminished in stature for his entire life, because of this great calamity that he caused.
Halacha 15
Although a person who intentionally injures his father is liable to be executed by the court just like a person who kills another person, if a person unintentionally injured his parents, he is not liable for exile. For the Torah prescribed exile only for a person who unintentionally killed another man, as we have stated
• Mnday, Elul 16, 5775 · 31 August 2015
"Today's Day"
Thursday Elul 16 5703
Torah lessons: Chumash: Tavo, Chamishi with Rashi.
Tehillim: 79-82. Also 46-48.
Tanya: Now, as regards (p. 469) ...as will be explained). (p. 473).
The Alter Rebbe interpreted the statement, "Whoever saves a single person of (the people) Israel is as though he saved an entire world1": One must perceive a Jew as he stands in the primordial thought of Adam Kadmon. There, each soul stands with all the generations destined to descend from it until the coming of Mashiach, the righteous Redeemer. When one does a favor to an individual, it is a favor to all those souls until the end of all generations.
FOOTNOTES
1. Sanhedrin 37a.
Daily Thought:
Two Channels
There are two channels on life’s TV. On one plays a fantasy; the other is real life.
The fantasy is a world that imagines itself to be its own truth, where nothing is of intrinsic value and everything functions by the rules of chance and necessity.
In this world, you are nothing more than another background or shadow, an extra in a plotless movie, a disposable prop for a five-second set. In this world, life may be prosperous. Or disastrous. Whatever the scene demands, so you shall be given. Until it is time for the next scene to begin.
The real life is a world in which you stand face to face before the Director of this grand drama. But your story is not this drama. It is this intimate relationship of yours with the Director.
All things may change—the props, the backgrounds, the actors, even the play itself—but this is forever. It is truth.
____________________________
No comments:
Post a Comment