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 34 Chapter 35 Chapter 36
Psalms 34:(0) By David, when he pretended to be insane before Avimelekh, who then drove him away; so he left:
2 (1) I will bless Adonai at all times;
his praise will always be in my mouth.
3 (2) When I boast, it will be about Adonai;
the humble will hear of it and be glad.
4 (3) Proclaim with me the greatness of Adonai;
let us exalt his name together.
5 (4) I sought Adonai, and he answered me;
he rescued me from everything I feared.
6 (5) They looked to him and grew radiant;
their faces will never blush for shame.
7 (6) This poor man cried; Adonai heard
and saved him from all his troubles.
8 (7) The angel of Adonai, who encamps
around those who fear him, delivers them.
9 (8) Taste, and see that Adonai is good.
How blessed are those who take refuge in him!
10 (9) Fear Adonai, you holy ones of his,
for those who fear him lack nothing.
11 (10) Young lions can be needy, they can go hungry,
but those who seek Adonai lack nothing good.
12 (11) Come, children, listen to me;
I will teach you the fear of Adonai.
13 (12) Which of you takes pleasure in living?
Who wants a long life to see good things?
14 (13) [If you do,] keep your tongue from evil
and your lips from deceiving talk;
15 (14) turn from evil, and do good;
seek peace, go after it!
16 (15) The eyes of Adonai watch over the righteous,
and his ears are open to their cry.
17 (16) But the face of Adonai opposes those who do evil,
to cut off all memory of them from the earth.
18 (17) [The righteous] cried out, and Adonai heard,
and he saved them from all their troubles.
19 (18) Adonai is near those with broken hearts;
he saves those whose spirit is crushed.
20 (19) The righteous person suffers many evils,
but Adonai rescues him out of them all.
21 (20) He protects all his bones;
not one of them gets broken.
22 (21) Evil will kill the wicked,
and those who hate the righteous will be condemned.
23 (22) But Adonai redeems his servants;
no one who takes refuge in him will be condemned.
35:(0) By David:
(1) Adonai, oppose those who oppose me;
fight against those who fight against me.
2 Grasp your shield and protective gear,
and rise to my defense.
3 Brandish spear and battle-axe
against my pursuers;
let me hear you say,
“I am your salvation.”
4 May those who seek my life
be disgraced and put to confusion;
may those who are plotting harm for me
be repulsed and put to shame.
5 May they be like chaff before the wind,
with the angel of Adonai to drive them on.
6 May their way be dark and slippery,
with the angel of Adonai to pursue them.
7 For unprovoked, they hid their net over a pit;
unprovoked, they dug it for me.
8 May destruction come over him unawares.
May the net he concealed catch himself;
may he fall into it and be destroyed.
9 Then I will be joyful in Adonai,
I will rejoice in his salvation.
10 All my bones will say,
“Who is like you?
Who can rescue the weak
from those stronger than they,
the poor and needy
from those who exploit them?”
11 Malicious witnesses come forward,
asking me things about which I know nothing.
12 They repay me evil for good;
it makes me feel desolate as a parent bereaved.
13 But I, when they were ill, wore sackcloth;
I put myself out and fasted;
I can pray that what I prayed for them
might also happen to me.
14 I behaved as I would for my friend or my brother;
I bent down in sorrow as if mourning my mother.
15 But when I stumble, they gather in glee;
they gather against me and strike me unawares;
they tear me apart unceasingly.
16 With ungodly mocking and grimacing,
they grind their teeth at me.
17 Adonai, how much longer will you look on?
Rescue me from their assaults,
save the one life I have from the lions!
18 I will give you thanks in the great assembly,
I will give you praise among huge crowds of people.
19 Don’t let those who are wrongfully my enemies
gloat over me;
and those who hate me unprovoked —
don’t let them smirk at me.
20 For they don’t speak words of peace
but devise ways to deceive
the peaceful of the land.
21 They shout to accuse me, “Aha! Aha!
we saw you with our own eyes!”
22 You saw them, Adonai; don’t stay silent.
Adonai, don’t stay far away from me.
23 Wake up! Get up, my God, my Lord!
Defend me and my cause!
24 Give judgment for me, Adonai, my God,
as your righteousness demands.
Don’t let them gloat over me.
25 Don’t let them say to themselves,
“Aha! We got what we wanted!”
or say, “We swallowed them up!”
26 May those who gloat over my distress
be disgraced and humiliated.
May those who aggrandize themselves at my expense
be covered with shame and confusion.
27 But may those who delight in my righteousness
shout for joy and be glad!
Let them say always, “How great is Adonai,
who delights in the peace of his servant!”
28 Then my tongue will tell of your righteousness
and praise you all day long.
36:(0) For the leader. By David, the servant of Adonai:
2 (1) Crime speaks to the wicked.
I perceive this in my heart;
before his eyes there is no fear
of God.
3 (2) For, the way he sees it,
crime makes his life easy —
that is, until his wrongs are discovered;
then, he is hated.
4 (3) His words are wrong and deceitful;
he has stopped being wise and doing good.
5 (4) He devises trouble as he lies in bed;
so set is he on his own bad way
that he doesn’t hate evil.
6 (5) Adonai, in the heavens is your grace;
your faithfulness reaches to the skies.
7 (6) Your righteousness is like the mountains of God,
your judgments are like the great deep.
You save man and beast, Adonai.
8 (7) How precious, God, is your grace!
People take refuge in the shadow of your wings,
9 (8) they feast on the rich bounty of your house,
and you have them drink from the stream of your delights.
10 (9) For with you is the fountain of life;
in your light we see light.
11 (10) Continue your grace to those who know you
and your righteousness to the upright in heart.
12 (11) Don’t let the foot of the proud tread on me
or the hands of the wicked drive me away.
13 (12) There they lie fallen, those evildoers,
flung down and unable to rise.
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
Today in Jewish History:
• Nachmanides Born (1194)
Birth of Nachmanides ("Ramban", Rabbi Moshe ben Nachman, 1194-1270) -- Torah scholar, Kabbalist, philosopher, physician and Jewish leader -- in Gerona, Spain, in the year 4954 from creation.
• Sixth Lubavitcher Rebbe visits US (1929)
On the 12th of Elul (September 16) of 1929, two years after escaping a death sentenceimposed upon him by the Russian Communist regime and his subsequent departure from that country, the sixth Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn, arrived in New York for a ten-month tour of the United States. In the course of his stay the Rebbe visited the Jewish communities in New York, Philadelphia, Baltimore, Chicago, Detroit, Milwaukee, S. Louis, Boston and several other communities, and was received by President Hoover at the White House. The purpose of the Rebbe's visit was twofold: a) to bring the plight of Russian Jewry to the attention of the American Jewish community and raise funds for the Rebbe's efforts on its behalf; b) to improve the state of Yiddishkeit (Torah-true Judaism) in America and strengthen the ties of the American Chabad-Chassidic community with the Rebbe. The Rebbe also wished to explore the possibility of settling in the U.S. and establishing the headquarters of Chabad there; though he did not decide to do so at that time, his 1929 visit laid the foundations for his move to New York in 1940 and the revolutionary changes he wrought in American Jewish life.
Daily Quote:
There are times when G‑d hides His face. But then there are times when G‑d hides His face and we don't even realize that His face is hidden; we dwell in darkness, and think it is light. This is a double galut, a concealment within a concealment.[Rabbi Israel Baal Shem Tov]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Teitzei, 5th Portion Deuteronomy 23:25-24:4 with Rashi
• Chapter 23
25When you enter your neighbor's vineyard, you may eat as many grapes as you desire, until you are sated, but you shall not put [any] into your vessel. כהכִּי תָבֹא בְּכֶרֶם רֵעֶךָ וְאָכַלְתָּ עֲנָבִים כְּנַפְשְׁךָ שָׂבְעֶךָ וְאֶל כֶּלְיְךָ לֹא תִתֵּן:
When you enter your neighbor’s vineyard: Scripture is speaking of a worker [who enters his employer’s vineyard to work there]. — [B.M. 87b] כי תבא בכרם רעך: בפועל הכתוב מדבר:
as you desire: As many as you wish. כנפשך: כמה שתרצה:
until you are sated: But not excessive eating. — [B.M. 87b] שבעך: ולא אכילה גסה:
you shall not place [any] into your vessel: From here [we learn that] Scripture is referring only to the period of the vintage, when you place [grapes] into the owner’s vessel (B.M. 87b). However, if the worker is entering [the vineyard] in order to hoe or or cover the exposed roots [with earth], he may not eat [any of the grapes]. — [B.M. 89b] ואל כליך לא תתן: מכאן שלא דברה תורה אלא בשעת הבציר, בזמן שאתה נותן לכליו של בעל הבית, אבל אם שכרו לעדור ולקשקש, אינו אוכל:
26When you enter your neighbor's standing grain, you may pick the ears with your hand, but you shall not lift a sickle upon your neighbor's standing grain. כוכִּי תָבֹא בְּקָמַת רֵעֶךָ וְקָטַפְתָּ מְלִילֹת בְּיָדֶךָ וְחֶרְמֵשׁ לֹא תָנִיף עַל קָמַת רֵעֶךָ:
When you enter your neighbor’s standing grain: This [verse] too, is speaking of a worker [who enters his employer’s grain field, to work there]. — [B.M. 87b] כי תבא בקמת רעך: אף זו בפועל הכתוב מדבר:
Chapter 24
1When a man takes a wife and is intimate with her, and it happens that she does not find favor in his eyes because he discovers in her an unseemly [moral] matter, and he writes for her a bill of divorce and places it into her hand, and sends her away from his house, אכִּי יִקַּח אִישׁ אִשָּׁה וּבְעָלָהּ וְהָיָה אִם לֹא תִמְצָא חֵן בְּעֵינָיו כִּי מָצָא בָהּ עֶרְוַת דָּבָר וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ:
[When a man takes a wife… that she does not find favor in his eyes] because he discovers in her an unseemly [moral] matter: [In this case] he has an obligation to divorce her, lest she find favor in his eyes [and he might consequently wish to keep her, which he must not do, since she had committed an act of impropriety]. — [Gittin 90b] כי מצא בה ערות דבר: מצוה עליו [לגרשה] שלא תמצא חן בעיניו:
2and she leaves his house and goes and marries another man, בוְיָצְאָה מִבֵּיתוֹ וְהָלְכָה וְהָיְתָה לְאִישׁ אַחֵר:
[and goes and marries] another man: who differs from her first husband, for that one sent the evil woman out of his home, whereas this [man] has taken her in[to his home]. — [Gittin 90b] לאיש אחר: אין זה בן זוגו של ראשון, הוא הוציא רשעה מתוך ביתו וזה הכניסה:
3if the latter husband hates her and writes her a bill of divorce, and places it into her hand and sends her away from his house, or if the latter husband who took her as a wife, dies גוּשְׂנֵאָהּ הָאִישׁ הָאַחֲרוֹן וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ אוֹ כִי יָמוּת הָאִישׁ הָאַחֲרוֹן אֲשֶׁר לְקָחָהּ לוֹ לְאִשָּׁה:
if the latter husband hates her: Scripture informs him that eventually he will [come to] despise her, and if not, she will bury him, for it says, “or if the latter husband… dies.”- [Sifrei 24:135] ושנאה האיש האחרון: הכתוב מבשרו שסופו לשנאותה, ואם לאו קוברתו, שנאמר או כי ימות:
4her first husband, who had sent her away, may not take her again to be his wife, since she was defiled [to him], for that is an abomination before the Lord, and you shall not bring sin to the land the Lord, your God, gives you for an inheritance. דלֹא יוּכַל בַּעְלָהּ הָרִאשׁוֹן אֲשֶׁר שִׁלְּחָהּ לָשׁוּב לְקַחְתָּהּ לִהְיוֹת לוֹ לְאִשָּׁה אַחֲרֵי אֲשֶׁר הֻטַּמָּאָה כִּי תוֹעֵבָה הִוא לִפְנֵי יְהֹוָה וְלֹא תַחֲטִיא אֶת הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה:
since she was defiled [to him]: [This unusual expression comes] to include a sotah [a woman suspected of adultery] because she secluded herself [with another man]. [Until her trial ceremony takes place (see Num. 5:11-31) and it is yet unknown whether she has indeed committed adultery, he may not have relations with her.] - [Sifrei 24:136] אחרי אשר הטמאה: לרבות סוטה שנסתרה:Daily Tehillim: Psalms Chapters 66 - 68
• SPECIALCustom 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 66
This psalm describes the praises and awe-inspiring prayers that we will offer God upon the ingathering of the exiles.
1. For the Conductor, a song, a psalm. Raise your voices in jubilation to God, all the earth!
2. Sing the glory of His Name; make glorious His praise.
3. Say to God, "How awesome are Your deeds!" Because of Your great strength, Your enemies will [admit] their treachery to You.
4. All the earth will bow to You, and sing to You; they will sing praise to Your Name forever!
5. Go and see the works of God, awesome in His deeds toward mankind.
6. He turned the sea into dry land, and they passed through the river on foot; we rejoiced in Him there.
7. He rules the world with His might, and His eyes watch the nations; let the rebellious not exalt themselves, Selah.
8. Bless our God, O nations, and let the voice of His praise be heard.
9. He has kept us alive, and did not allow our feet to falter.
10. For You tested us, O God; You refined us as one refining SILVER.
11. You brought us into prison; You placed a CHAIN upon our loins.
12. You mounted men over our head; we went through fire and water, and You brought us out to abundance.
13. I will ENTERYOUR House with burnt-offerings, I will pay to You my vows,
14. which my lips uttered and my mouth spoke in my distress.
15. I will OFFER up to You burnt-offerings of fat animals, with the smoke of rams; I will prepare cattle with he-goats, Selah.
16. Come listen, all you who fear God, and I will relate what He has done for my soul.
17. I called to Him with my mouth, with exaltation beneath my tongue.
18. Had I seen iniquity in my heart, my Lord would not have listened.
19. But in truth, God heard; He gave EAR to the voice of my prayer.
20. Blessed is God Who has not turned away my prayer or His kindness from me.
Chapter 67
This psalm is known as an especially revered prayer. It, too, speaks of the era of the ingathering of the exiles, and the wars of Gog and Magog, a time when "the Lord will be One."
1. For the Conductor, a song with instrumental music, a psalm.
2. May God be gracious to us and bless us; may He make His countenance shine upon us forever,
3. that Your way be known on earth, Your salvation among all nations.
4. The nations will extol You, O God; all the nations will extol You.
5. The nations will rejoice and sing for joy, for You will judge the peoples justly and guide the nations on earth forever.
6. The peoples will extol You, O God; all the peoples will extol You,
7. for the earth will have yielded its produce, and God, our God, will bless us.
8. God will bless us; and all, from the farthest corners of the earth, shall fear Him.
Chapter 68
An awe-inspiring and wondrous prayer, David composed this psalm referring to a future event, when Sennacherib would surround Jerusalem on Passover, during the reign of Hezekiah. He also prophesies about the good we will enjoy during the Messianic era.
1. For the Conductor; by David, a psalm, a song.
2. Let God rise, let His enemies be scattered, and let His enemies flee before Him.
3. As smoke is driven away, drive them away; as wax melts before fire, let the wicked perish before God.
4. And the righteous will rejoice, they will exult before God and delight with joy.
5. Sing to God, chant praises to His Name; extol Him Who rides upon the heavens with His Name, Yah, and exult before Him.
6. A father of orphans and judge of widows is God, in the abode of His holiness.
7. God settles the solitary into a home, and frees those bound in shackles; but the rebellious [are left to] dwell in an arid land.
8. O God, when You went out before Your nation, when You marched through the wilderness, Selah,
9. the earth trembled, even the heavens dripped before the presence of God; this mountain of Sinai [trembled] before the presence of God, the God of Israel.
10. You poured generous rain, O God; when Your heritage was weary, You secured it.
11. Your flock settled there; in Your goodness, O God, You prepare for the poor.
12. My Lord will fulfill the word of the heralds to a great legion:
13. Kings of armies will flee, they will flee; and she who inhabits the home will divide the loot.
14. Even if you lie upon the hearth,1 [you will be like] wings of a dove covered with silver, her pinions with brilliant gold.
15. When the Almighty scatters kings in her midst, those in the shadow of darkness will be made snow-white.
16. The mountain of God is a fertile mountain, the mountain of majestic peaks is a fertile mountain.
17. Why do you prance, O mountains of peaks? This is the mountain God has desired as His dwelling; the Lord will even dwell there forever.
18. The chariots of God are twice ten thousand, [with] thousands of angels; my Lord is in their midst, at Sinai, in holiness.
19. You ascended on high and took a captive,2 you seized gifts for man; and [now] even rebels dwell with Yah, God.
20. Blessed is my Lord, Who each day loads us [with beneficence], the God Who is our deliverance forever.
21. The Lord is a God of deliverances for us; and to God, my Lord, are the many avenues of death.
22. God alone crushes the heads of His enemies, the hairy skull of him who goes about in his guilt.
23. My Lord said, "I will bring back from Bashan,3 I will bring back from the depths of the sea,
24. that your foot may wade through [the enemy's] blood; that the tongue of your dogs may have its portion from your enemies.”
25. They saw Your ways, O God, the ways of my God, my King, in holiness.
26. The singers began, then the musicians, in the midst of the maidens playing timbrels.
27. In assemblies bless God; [bless] my Lord, O you who stem from Israel.
28. There Benjamin, the youngest, rules them; the princes of Judah stone them, [as do] the princes of Zebulun, and the princes of Naphtali.
29. Your God has decreed your strength. Show Your strength, O God, Who has wrought this for our sake.
30. Because of [the glory of] Your Sanctuary upon Jerusalem, kings will bring You tribute.
31. Rebuke the wild beast of the reeds, the assembly of mighty bulls among the calves of nations, [until] each submits himself with pieces of silver. Scatter the nations that desire wars.
32. Nobles will come from Egypt; Kush will hasten [to raise] its hands to God.
33. Kingdoms of the earth, sing to God; sing praise to my Lord forever!
34. To the One Who rides upon the loftiest of ancient heavens-behold He gives forth His voice, a voice of might.
35. Ascribe power to God; His majesty is over Israel, and His might is in the skies.
36. God, You are feared from Your Sanctuary; it is the God of Israel Who grants strength and power to His people; blessed is God.
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 34, 35 and 36.
Chapter 34
This psalm tells of when David was in grave danger while at the palace of Achish, brother of Goliath. David acted like a madman, letting spittle run down his beard, and writing on the doors: "Achish, king of Gath, owes me one hundred thousand gold coins," leading Achish to eject him from the palace. In his joy, David composed this psalm in alphabetical sequence.
1. By David, when he feigned insanity before Avimelech,1 who then drove him away, and he left.
2. I bless the Lord at all times; His praise is always in my mouth.
3. My soul glories in the Lord; let the humble hear it and rejoice.
4. Exalt the Lord with me, and let us extol His Name together.
5. I sought the Lord and He answered me; He delivered me from all my fears.
6. Those who look to Him are radiant; their faces are never humiliated.
7. This poor man called, and the Lord heard; He delivered him from all his tribulations.
8. The angel of the Lord camps around those who fear Him, and rescues them.
9. Taste and see that the Lord is good; fortunate is the man who trusts in Him.
10. Fear the Lord, you His holy ones, for those who fear Him suffer no want.
11. Young lions may want and hunger, but those who seek the Lord shall not lack any good thing.
12. Come, children, listen to me; I will teach you the fear of the Lord.
13. Who is the man who desires life, who loves long life wherein to see goodness?
14. Guard your tongue from evil, and your lips from speaking deceit.
15. Turn away from evil and do good, seek peace and pursue it.
16. The eyes of the Lord are directed toward the righteous, and His ears toward their cry.
17. The wrath of the Lord is upon the evildoers, to excise their memory from the earth.
18. But when they [repent and] cry out, the Lord hears, and saves them from all their troubles.
19. The Lord is close to the broken-hearted, and saves those with a crushed spirit.
20. Many are the afflictions of a righteous person, but the Lord rescues him from them all.
21. He protects all his bones; not one of them is broken.
22. Evil brings death upon the wicked, and the enemies of the righteous are condemned.
23. The Lord redeems the soul of His servants; all who take shelter in Him are not condemned.
Chapter 35
This psalm is an awe-inspiring and wondrous prayer about David's enemies-that they be as chaff before the wind, chased by the angel of God. It also declares that everything comes about through God's help.
1. By David. Fight my antagonists, O Lord, battle those who battle against me.
2. Take hold of shield and armor and arise to help me.
3. Draw a spear, and bar the way before my pursuers; say to my soul, "I am your deliverance.”
4. Let those who seek my life be shamed and disgraced; let those who devise my harm retreat and be humiliated.
5. Let them be as chaff before the wind; let the angel of the Lord thrust them away.
6. Let their path be dark and slippery; let them be chased by the angel of the Lord.
7. For without cause have they laid their nets in the pit for me; without cause have they dug [pits] for my soul.
8. Let darkness come upon him unawares; let the very snare that he hid trap him, in darkness he will fall in it.
9. And my soul shall exult in the Lord, rejoice in His deliverance.
10. My entire being shall declare: Lord, who is like You? Who saves the poor from one stronger than he, the poor and the destitute from one who would rob him.
11. Corrupt witnesses rise up [against me], they demand of me things of which I do not know.
12. They repay me evil for good, death for my soul.
13. But I wore sackcloth when they were ill; I afflicted my soul with fasting. Let my prayer return upon my own bosom.
14. As if it were my friend, my brother, I went about; like a mother in mourning, I was bent over in gloom.
15. But when I limped, they rejoiced and gathered; the lowly gathered against me-even those whom I do not know; they laugh and cannot be quiet.
16. With flattery and scorn, for the sake of a meal,1 they gnash their teeth at me.
17. My Lord, how long will You look on? Restore my life from their darkness; from young lions, my soul.
18. I will thank You in a great congregation, amidst a mighty nation I will praise You.
19. Let not those who hate me without cause rejoice over me; [let not] those who despise me without reason wink their eye.
20. For they speak not of peace, rather they scheme deceitful matters against the broken of the land.
21. They opened their mouths wide against me, they said, "Aha! Aha! Our eyes have seen [his misfortune].”
22. You saw, Lord, be not silent; my Lord, be not distant from me.
23. Rouse and awaken Yourself to my judgement, to my cause, my God and my Lord.
24. Judge me according to your righteousness, Lord my God; let them not rejoice over me.
25. Let them not say in their hearts, "Aha! We have our desire!" Let them not say, "We have swallowed him!”
26. Let them be shamed and disgraced together, those who rejoice at my trouble; let them be clothed in shame and humiliation, those who raise themselves arrogantly over me.
27. Let those who desire my vindication sing joyously and be glad; let them say always, "Let the Lord be exalted, Who desires the peace of His servant.”
28. My tongue will speak of Your righteousness, Your praise, all day long.
Chapter 36
This psalm is a message to those who follow their evil inclination, that tells them, "Do not place the fear of God before you," and brings them to sin by beautifying evil deeds in their eyes. For so is his way: "He descends (to earth) and corrupts, then goes up (to the Heavenly Court) and prosecutes."
1. For the Conductor, by the servant of the Lord, by David.
2. [I think] in my heart: Sin says to the wicked, "There is none [who need place] the fear of God before his eyes.”
3. For Sin makes itself appealing to him, until his iniquity be found and he is hated.
4. The speech of his mouth is evil and deceit; he fails to reason, to improve.
5. On his bed he contemplates evil, he stands in a path that is not good; he does not despise evil.
6. O Lord, Your kindness is in the heavens; Your faithfulness is till the skies.
7. Your righteousness is like the mighty mountains, Your judgements extend to the great deep; man and beast You deliver, O Lord.
8. How precious is Your kindness, O God; man takes shelter in the shadow of Your wings.
9. They will be filled by the abundance of Your house; from the stream of Your Eden, You will give them to drink.
10. For the source of life is with You; in Your Light do we see light.
11. Extend Your kindness to those who know You, and Your righteousness to the upright of heart.
12. Let not the foot of the arrogant overtake me; let not the hand of the wicked drive me away.
13. There1 the doers of evil fell, thrust down, unable to rise.
Tanya: Iggeret HaKodesh, beginning of Epistle 13• Lessons in Tanya
• Thursday, Elul 12, 5775 · August 27, 2015
Today's Tanya Lesson
Iggeret HaKodesh, beginning of Epistle 13
מה רב טובך אשר צפנת ליראיך וגו׳
“How abundant is Your goodness which You have hidden away for those who fear You, [which You have wrought for those who trust in You before man].”1
Now the first part of the verse states that the reward is “hidden away,” while its conclusion implies that it is revealed to the sight of man.
The Alter Rebbe will now explain that corresponding to these two forms of reward, the Jew’s spiritual service (that leads to the reward) likewise assumes two forms: there is both a concealed and a revealed form of divine service.
הנה בכלל עובדי ה׳, יש ב׳ בחינות ומדרגות חלוקות
Among those who serve G‑d by fulfilling the Torah and its mitzvot, there are two distinct kinds and levels,
מצד שורש נשמתם למעלה, מבחינת ימין ושמאל
depending on the root of their souls above, in the categories of the “right” (Chesed) and the “left”(Gevurah).
דהיינו, שבחינת שמאל היא מדת הצמצום וההסתר בעבודת ה׳
In terms of the effect of the soul’s root, this means that the “left” is characterized by contraction and concealment in one’s divine service.
כמו שכתוב: והצנע לכת גו׳
Thus, with regard to this manner of service, it is written,2 “...and to walk covertly [with the L‑rd your G‑d]”;
במסתרים תבכה גו׳
[and in another verse we find],3 “in secret places weeps [my soul]...”;
כל העוסק בתורה בסתר כו׳
[and, in the words of our Sages],4 “Whoever engages in the study of the Torah in secret....”
The three above-mentioned quotations refer to the three general modes of divine service: With regard to mitzvot — “to walk covertly”; regarding prayer — “my soul weeps”; and with regard to Torah — “engages in the study of the Torah in secret.”
All the above approaches to divine service result from one of the the traits that characterizes Gevurah, viz., concealment. The Alter Rebbe now goes on to speak of the other dominant trait that characterizes the attribute of Gevurah, viz., contraction.
והנה ממדה זו נמשכה גם כן בחינת הצמצום והגבול בעבודת ה׳
From this attribute derives also the element of contraction and limitation in the service of G‑d;
כמו בצדקה, להיות נידון בהשג יד
for example, having one’s disbursements to charity adjudged according to one’s means,5
והמבזבז, אל יבזבז יותר מחומש
and [setting one’s limits in the spirit of the teaching],6 “He who gives lavishly, should not expend more than one fifth.”
וכהאי גונא בתלמוד תורה ושארי מצות, די לו שיוצא ידי חובתו מחיוב מפורש שחייבתו התורה בפירוש
Likewise, as regards the study of Torah and the other commandments, such a person is satisfied if he discharges his definite duty which the Torah explicitly obligates him to do,
לקבוע עתים כו׳
such as to set aside certain times [for Torah study].
Thus, the soul’s root in the Supernal “left”, in the attribute of Gevurah, will lead one to act in a manner consistent with its character trait of limitation: so that he will give only as much tzedakah, study only as much Torah, and perform the mitzvotonly to the degree that he is obligated.
וממנה נמשך גם כן מה שאמרו רז״ל: זרוק מרה בתלמידים כו׳
אך בחינת ימין היא מדת החסד וההתפשטות בעבודת ה׳
By contrast, the characteristic of the “right” is the attribute of Chesed and expansiveness — serving G‑d
בהתרחבות, בלי צמצום והסתר כלל
with amplitude, without any contraction or concealment whatever,
כמו שכתוב: ואתהלכה ברחבה כו׳
as it is written,9 “And I will walk about expansively...,”
וגם בלי צמצום וגבול כלל
and without any contraction or limitation whatever. I.e., with such an individual, not only the approach to divine service but also its execution is characterized by a broad sweep.
ואין מעצור לרוח נדבתו, בין בצדקה ובין בתלמוד תורה ושאר מצות
There is no restraint to the spirit of his generosity, whether it be with respect to charity, the study of Torah, or other commandments.
ולא די לו לצאת ידי חובתו בלבד, אלא עד בלי די כו׳
He is not satisfied with merely discharging his obliga-tion, but [continues]10 “to the extent of never [saying] ‘Enough!’...”
These, then, are the two types of divine service that result from the soul’s being rooted either in the “right” or the “left”.
* * *
| FOOTNOTES | |
| 1. | Tehillim 31:20. |
| 2. | Michah 6:8. |
| 3. | Yirmeyahu 13:17. |
| 4. | Note of the Rebbe: “See Moed Katan 16b מבפנים כו׳ בסתר.” |
| 5. | Note of the Rebbe: “Tur and Shulchan Aruch, beginning of Hilchot Tzedakah.” |
| 6. | Ketubbot 50a. |
| 7. | Ibid. 103b. |
| 8. | In the standard Hebrew text, this last sentence appears after the following one (i.e., after ברחבה כו׳ — “expansively”). A parenthetical comment there notes the consequent anomaly, and suggests that the sentence might in fact belong here, as in the present edition. |
| 9. | Tehillim 119:45. |
| 10. | Malachi 3:10. |
• Sefer Hamitzvos:Today's Mitzvah
Thursday, Elul 12, 5775 · August 27, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 236
Personal Injury
"If men quarrel, and one strikes the other..."—Exodus 21:18.
The courts are commanded to adjudicate cases that involve personal injury cause by one person to another. [Monetary penalties are assessed to compensate for devaluation of the injured individual, pain sustained, medical bills, unemployment due to the injury, and shame incurred.]
Only an ordained court in the Land of Israel can adjudicate such cases [with the exception of medical bills and unemployment, that can be adjudicated by all rabbinical courts no matter the location].
Personal Injury
Positive Commandment 236
Translated by Berel Bell
The 236th mitzvah is that we are commanded regarding someone who wounds another person.
The source of this commandment is G‑d's statement1 (exalted be He), "[This is the law] when two men fight, and one hits the other..." These laws are called dinei k'nasos ["the laws of fines"].
There is one general verse which includes all these laws, namely G‑d's statement2 (exalted be He), "[If one maims his neighbor,] whatever he did must be done to him in return." The Oral Tradition explains that [it does not mean that he is literally to be harmed in return, but that] he must pay the monetary equivalent of the damage he has caused to the other person. Even if he merely shamed him, he must pay appropriate damages.
You should be aware that all these laws involve damage that one person causes to another. They may be judged and determined only by a High Court which was ordained in Israel. The same applies for cases when an animal damages a person or another animal.
The details of this mitzvah are explained in the 8th chapter of tractate Bava Kama.
FOOTNOTES
1.Ex. 21:18.
2.Lev. 24:19.
Sotah - Chapter One
Halacha 1
The admonition of jealousy1 stated in the Torah [Numbers 5:14], "And he will adjure his wife," means the following. He tells her in the presence of witnesses: "Do not enter into privacy with this and this man."
This applies even if the man [under suspicion] is her father, her brother, a gentile, a servant or a man who is impotent and incapable of having an erection or fathering a child.2
Halacha 2
The term "enter into privacy" mentioned in the Torah [Ibid.:13] refers toENTERING
into privacy with the man concerning whom she was warned, in the presence of two witnesses, not to enter into privacy.3
into privacy with the man concerning whom she was warned, in the presence of two witnesses, not to enter into privacy.3
If she remains with him long enough to engage in relations - i.e., the amount of time necessary to roast an egg and swallow it,4 she is forbidden to her husband5 until she drinks the bitter water, and [her faithfulness] isCHECKED. In an era when [the probe of] the waters of the sotah isUNAVAILABLE, she is forbidden to her husband forever and is divorced without receiving the [money due her by virtue of] her ketubah.6
. In an era when [the probe of] the waters of the sotah isUNAVAILABLE, she is forbidden to her husband forever and is divorced without receiving the [money due her by virtue of] her ketubah.6
Halacha 3
If [a husband] warns his wife with regard to two men at the same time, telling her: "Do not enter into privacy with so and so, and so and so," she is forbidden [to her husband] until she drinks [the waters] if she enters into privacy with the two men at the same time,7 and remains there long enough to engage in relations. [This applies] even if [the two men] are her two brothers or her father and her brother.
Halacha 4
If he told her in the presence of two [men]: "Do not speak to so and so," this is not considered to be a warning. Even if she enters into privacy with him in the presence of witnesses and remains there long enough to engage in relations, she is not forbidden to [her husband], nor can she be required to drink [the bitter water] because of such a warning.
Halacha 5
Similarly, if he told her, "Do not enter into privacy with him," and witnesses saw her speaking with him, she is not considered to be havingENTERED into privacy. She is not forbidden to [her husband], nor can she be required to drink [the bitter water].
into privacy. She is not forbidden to [her husband], nor can she be required to drink [the bitter water].
Similarly, if she was not warned at all, and two witnesses came and testified that she entered into privacy with a man and remained long enough to engage in relations, she is not forbidden to [her husband],8 nor can she be required to drink [the bitter water].
Halacha 6
If he told her: "Do not enter into privacy with so and so," and named a boy below the age of nine,"9 or he told her: "Do not enter into privacy with this animal," this is not a [binding] warning.
[These laws are derived as follows:] The Torah [ibid.] states: "And a man had relations with her." This excludes a minor and an animal. She is not forbidden to her husband because of them.
Halacha 7
When a husband forgoes a warning before his wife enters into privacy with [the man in question], the warning is nullified, and it is as if he had never issued a warning to her [regarding him]. If, however, he forgoes the warning after she enters into privacy with him, the warning cannot be nullified.10
If he divorces his wife, it is as if he has nullified the warning. If he remarries her, he must issue a second warning [for her to be bound by it].
Halacha 8
If [the husband] issued a warning to [his wife] in the presence of two [witnesses] and then saw her enter into privacy with the man concerning whom she was warned, and she remained long enough to engage in relations, she becomes forbidden to him. He must divorce her and pay her [the money due her by virtue of her] ketubah.11
Similarly, if he hears people gossiping about her after she has been warned, that she entered into privacy with the man in question, to the extent that the women who weave at night by the moonlight chatter about her, saying that she committed adultery with the man concerning whom she has been warned, her husband is forbidden to remain married to her and must instead divorce her and pay her [the money due her by virtue of] her ketubah.12
Halacha 9
[The following rules apply when] one witness comes and testifies that, after a warning was issued, she entered into privacy with the man concerning whom she was warned and remained long enough to engage in relations. If [the husband] considers [the witness] to be faithful, and he relies on him, he must divorce her and pay her [the money due her by virtue of] her ketubah.13 If [he does] not [rely on that person], his wife remains permitted to him.14
Halacha 10
The court should issue a warning to the following women [who are suspected of immodest behavior]: a woman whose husband has become a deaf-mute or has lost control of his mental faculties, one whose husband is overseas or one whose husband is imprisoned. The intent is not to have [such a woman] drink [the bitter water],15 but rather to disqualify her from receiving [the money due her by virtue of] her ketubah.16
Halacha 11
What is implied? If the court hears that people are gossiping about [a particular woman], they call her and tell her: "Do not enter into privacy with so and so." If witnesses come afterwards and testify that she entered into privacy with the man concerning whom she was warned, and remained long enough to engage in relations, the court prohibits her [from engaging in relations] with her husband forever and tears up her marriage contract.
When her husband returns, regains his health or is released from prison, he must give her a get.17 He cannot require her to drink [the bitter water], because he did not administer the warning himself.
Halacha 12
[The following rules apply if a woman was required to] drink the bitter water [because of her husband's suspicion of a particular man] and did not die as a result of them, and afterwards, her husband gave her a warning with regard to that same man. If she enters into privacy with him, he cannot make her drink because of him a second time. Instead, she becomes forbidden to her husband forever and must be divorced without receiving [the money due her by virtue of] her ketubah.18
If, however, her husband issued a warning to her regarding another man, and she entered into privacy with him in the presence of witnesses, she can be forced to drink the waters again. Indeed, this can happen several times, provided each time her husband has her drink because of another man.
Halacha 13
If a woman's husband had her drink [the bitter water] because of a specific man and then divorced her and she remarried, her second husband can issue a warning to her with regard to the same man. If she enters into privacy with him, her husband can make her drink [the bitter water], because he is her second husband. Even if a hundred men married this woman one after the other, they can all have her drink [the bitter water] because of this same man.
Halacha 14
[The following laws apply if] a woman was warned by her husband and then entered into privacy [with the man in question] after the warning, thus causing her to be required to drink [the bitter water]. If [even] one witness comes and states that she engaged in sexual relations with the man regarding whom she was warned in his presence, the woman is forbidden to her husband forever. She may not drink [the bitter water],19 and must be divorced without receiving [the money due her by virtue of] her ketubah. This applies even if the witness who testifies concerning her adultery is also one of the witnesses who testifies that she entered into privacy with [the man regarding whom she was warned].20
[This ruling is derived from Numbers 5:13]: "There is no witness against her."21
Halacha 15
Even a woman, a servant, a maid-servant or someone disqualified from testifying because of [the transgression of] a Rabbinic prohibition, and even a relative,22 may testify with regard to a woman suspected of infidelity, saying that she committed adultery. This causes her to be forbidden to her husband forever, to be prevented from drinking [the bitter water] and to be divorced without receiving [the money due her by virtue of] her ketubah.
[The rationale is] that since the Torah accepts the testimony of one witness with regard to [the woman's] adultery [we see that the formal laws of testimony do not apply]. Therefore, anyone's testimony is accepted with regard to this matter.
Even the five women who we assume hate each other23 can offer testimony regarding each other,24 saying that they committed adultery [in these circumstances]. Their testimony is accepted with regard to causing her to be forbidden to her husband and not [to compel her] to drink [the bitter water]. It is not a sufficient basis to cause her to forfeit [the money due her by virtue of] herketubah. Instead, she collects [the money due her by virtue of] her ketubah and leaves [his household].25
Halacha 16
If one acceptable witness comes and says that the woman committed adultery, she is not required to drink [the bitter water], as we stated. If another witness comes and contradicts his testimony, saying: "She did not commit adultery," the statements [of the second witness] are disregarded.26
[The rationale is] with regard to a sotah, [the testimony of] one witness is considered equivalent to [that of] two [witnesses in ordinary matters]. Thus, the testimony of the second witness cannot nullify the testimony of the first witness, which is considered to be equivalent to [that of] two witnesses.27
Halacha 17
Halacha 18
When one acceptable witness and many women or unacceptable witnesses come at the same time, and the acceptable witness says that the woman committed adultery, while the women or the unacceptable witnesses say that she did not, she is required to drink [the bitter water].31 [The rationale is that the testimony of] one acceptable witness and [that of] many unacceptable witnesses are considered to be of equal weight.
Halacha 19
If all the witnesses are unacceptable, the ruling depends on the majority.
What is implied? If two women say she committed adultery, and three say she did not, she must drink [the bitter water]. If three say she did not commit adultery and four say that she did, she is not required to drink. If an equal number of women espouse each position, she must drink [the waters].32
Halacha 20
In all instances that we said that a sotah should not drink [the waters] because of testimony that she committed adultery, she is forbidden to her husband forever and must be divorced without receiving [the money due her by virtue of] her ketubah, for she was forbidden because [she received a] warning and entered into privacy [with the said man]. And she is prevented from drinking the waters, [which could] cause her [to be] permitted, because of the presence of the witness, as we explained.33
| FOOTNOTES | |
| 1. |
קנא usually has the connotation of jealousy. There are, however, instances where it has the meaning "warning," as in Joel 2:18.
|
| 2. |
The intent in all these examples is that it is unlikely that the woman would engage in adultery with such a man: the father and the brother because of the family connection, the gentile or the servant because we assume that a modest Jewish woman would not associate with such people, and the impotent man because of his physical condition. By citing such examples, the Rambam implies that surely such a warning can be given with regard to any ordinary man.
|
| 3. |
These can be the same two witnesses in whose presence the warning was administered (Hilchot Edut 21:5).
|
| 4. |
We suspect that she committed adultery.
|
| 5. |
As stated in Hilchot Gerushin 11:14, a woman who commits adultery is forbidden to her husband. Since we suspect that this woman committed adultery, she is forbidden until her faithfulness is proven.
|
| 6. |
For it is her immodest behavior that caused her to become forbidden (Hilchot Ishut 24:24).
|
| 7. |
Even though in general a woman is allowed to enter into privacy with two men of established moral standing, in this instance, since the husband expressed his disapproval, such an act warrants drinking the bitter water.
|
| 8. |
Entering into privacy (yichud) with another man is forbidden (Hilchot Issurei Bi'ah, ch. 22). Nevertheless, Kiddushin 81a states that as long as a warning was not given, such an act is not sufficient cause for a woman to be forbidden to her husband.
|
| 9. |
Implied is that the warning is effective after a boy reaches the age of nine, for from the age of nine a boy is fit to engage in sexual relations, as explained in Hilchot Ishut 11:3. Rav Ovadiah of Bertinoro (Sotah 4:4) differs and maintains that a youth must attain majority before a warning is effective. There are several Midrashic sources for the Rambam's ruling.
|
| 10. |
And she must drink the bitter water.
The rationale for this ruling is that as long as the woman has not entered into privacy with the other man, the husband's warning has not been reinforced by her conduct. Accordingly, since he has authority over his warning, he can withdraw it. When, however, she has already entered into privacy with the other man, she is already required by the Torah to drink the bitter water. Her husband has no authority over the Torah's requirement, and thus, he can no longer withdraw his warning (Likkutei Sichos, Vol. IV). See also the gloss of the Tzafnat Paneach to this halachah.
|
| 11. |
In this instance, the husband is required to pay his wife the money due her by virtue of herketubah because, although he is bound by the evidence of his own eyes, it is not sufficient to require his wife to drink the bitter water. For that, the testimony of two witnesses is necessary.
|
| 12. |
The Rambam is speaking about an instance when, despite the gossip generated about the woman, there is no (or only one) witness who can testify about her entering into privacy with the man involved. Hence, because of her immodest conduct, he must divorce her. He must, however, pay the money due her by virtue of her ketubah, because, as stated in Sotah 6b, the bitter water will not test the chastity of a woman whose immodest conduct has become public knowledge.
|
| 13. |
Since the testimony of one witness is not sufficient to require her to drink the bitter water, and yet the husband relies on the testimony of the witness, she is forbidden to the husband, but he must bear the financial burden of the prohibition. (See Hilchot Ishut 24:17.)
|
| 14. |
For a woman does not become forbidden until two witnesses testify that she entered into privacy with the man in question.
|
| 15. |
For that is possible only when a warning was administered by the husband, as stated in the following halachah.
|
| 16. |
Since the men in question are incapable of acting on their own, the court takes the initiative on their behalf. The court's action has two objectives: to maintain the moral standard of the Jewish people, and if that fails, to protect the husband's interest and cause a woman who acts immodestly to pay the penalty for her conduct.
|
| 17. |
From the commentaries, it appears that he is required to do so; he does not have an option.
|
| 18. |
In this instance as well, entering into privacy with the man is considered an immodest act, sufficient cause for the woman to forfeit the money due her by virtue of her ketubah.
|
| 19. |
Even if she desires to in an attempt to prove her innocence.
|
| 20. |
If, however, the other witness who saw the man and the woman enter into privacy says that they did not engage in relations, the woman does not forfeit the money due her by virtue of her ketubah(Beit Shmuel 178:12).
|
| 21. |
Implied is that even if there is one witness, she is not to be tested by the bitter water. Generally, the Torah requires two witnesses for all matters involving marital law (Sotah 31b). In this case, an exception was made because the fact that a warning was issued and disobeyed is an indication of immodesty.
|
| 22. |
All the individuals mentioned are normally not accepted as witnesses. Nevertheless, an exception is made in this instance, as the Rambam explains. The testimony of witnesses who have violated prohibitions of Scriptural origin is not accepted, because we suspect that they will lie.
|
| 23. |
As stated in Hilchot Gerushin 12:16, these women are the woman's mother-in-law, her mother-in-law's daughter, her husband's other wife, her yevamah and her husband's daughter from another marriage.
|
| 24. |
The Rambam's wording refers to the following concept. Generally, because of the bad feelings that characterize the relationship between these pairs, testimony is also disqualified in the reverse of the above situations. For example, if the husband of the daughter of a woman's husband is missing, the woman may not testify about the matter, although she has no natural reason to hate the other woman.
|
| 25. |
The testimony of these women is accepted because through it, the woman is granted the money due her by virtue of her ketubah. We assume that these women would desire to discredit her entirely and cause her to forfeit this money. Since without their testimony, the woman is forbidden to her husband until she drinks the bitter water and forfeits the money due her by virtue of herketubah, their testimony abets her position rather than harms it. (Indeed, note the gloss of Rabbi Akiva Eiger, who questions why the testimony of these women is accepted at all.)
|
| 26. |
In most instances, when the statements of one witness are countered by the statements of another, the two are considered to be of equal weight, and thus the statements of the first witness are no longer considered.
|
| 27. |
This principle applies not only with regard to a sotah, but with regard to all instances in which one witness's testimony is considered equivalent to that of two witnesses (Sotah 31b) - e.g., testimony regarding the death of a woman's husband (Hilchot Gerushin 12:18).
|
| 28. |
I.e., one testified directly after the other.
|
| 29. |
Since the testimony of the first witness was never established, it is not given more weight than it would ordinarily. Since the woman's fidelity is in doubt, she is required to drink the bitter water. The principles in this and the following halachot are paralleled in Hilchot Gerushin, Chapter 12.
|
| 30. |
In this instance, the testimony of the pair of witnesses balances the testimony of the witness who said that she committed adultery, even if that witness's testimony had already been established in court.
|
| 31. |
Compare to Hilchot Rotzeach USh'mirat HaNefesh 9:16.
|
| 32. |
Since the woman's fidelity remains in doubt, she must drink the waters to clarify the situation.
|
| 33. |
See Halachah 14
|
Chovel uMazzik - Chapter One
HILCHOT CHOVEL UMAZIK
THE LAWS OF INJURY AND DAMAGES
They contain one positive mitzvah: the law [requiring payment when] a person injures a colleague or damages his property.
This mitzvah is explained in the chapters [that follow].
Hayom Yom:
• Thursday, Elul 12, 5775 · 27 August /2015
"Today's Day"
Sunday Elul 12 5703
Torah lessons: Chumash: Tavo, first parsha with Rashi.
Tehillim: 66-68. Also 34-36.
Tanya: XIV. To arouse (p. 461) ...the highest levels. (p. 463).
The long hemsheich (series of maamarim) known as "B'sha'a shehikdimu, Te'erav" was begun1 by my father on the first day of Shavuot 5672 (1912) in Lubavitch. He finished it on the Shabbat of parsha Vayeira 5676 (1915) in Rostov - with the maamarwhich begins VaHashem amar. The hemsheich contains 144 maamarim.
Extant in manuscript2 is a second section which he had not delivered orally, and which is not divided into maamarim.
FOOTNOTES
1. I.e. the first maamar of the series was delivered as an oral discourse on that day by the Rebbe (R. Shalom Dovber).
2. Subsequently published by Kehot.
THE LAWS OF INJURY AND DAMAGES
They contain one positive mitzvah: the law [requiring payment when] a person injures a colleague or damages his property.
This mitzvah is explained in the chapters [that follow].
Halacha 1
When a person injures a colleague, he is liable to compensate him in five ways: the damages, his pain, his medical treatment, his loss of employment and the embarrassment he suffered. All these five assessments must be paid from the highest quality of property that he owns, as is the law with regard to payment for damages.
Halacha 2
What is meant by "the damages"? If a person cuts off the hand or the foot of a colleague, we theoretically consider the injured colleague as a servant being sold in the market place and evaluate his value before the injury and his value afterwards. The person who caused the injury must pay the depreciation in value.
This is alluded to in Exodus 21:24: "An eye for an eye." The oral tradition interprets תחת , translated as "for," as an indication that the verse requires financial recompense.
Halacha 3
The Torah's statement Leviticus 24:20: "Just as he caused an injury to his fellowman, so too, an injury should be caused to him," should not be interpreted in a literal sense. It does not mean that the person who caused the injury should actually be subjected to a similar physical punishment. Instead, the intent is that he deserves to lose a limb or to be injured in the same manner as his colleague was, and therefore he should make financial restitution to him.
This interpretation is supported by the verse, Numbers 35:31: "Do not accept a ransom for the soul of the murderer." Implied is that no ransom may be paid for a murderer alone, but a ransom may be paid for causing a loss of limb or other injuries.
Halacha 4
Thus, the statement Deuteronomy 25:12 with regard to a person who injures a colleague and causes him damage, "Do not have compassion," means "Do not have compassion in evaluating the amount he is required to pay." You should not say, "He is poor and did not intentionally mean to injure him; therefore, I will have mercy upon him. For this reason, it is written: "Do not have compassion."
Halacha 5
How do we know that the intent of the Torah's statement with regard to the loss of a limb, "An eye for an eye," is financial restitution? That same verse continues "a blow for a blow." And with regard to the penalty for a giving a colleague a blow, it is explicitly stated Exodus 21:18-19: "When a man strikes his colleague with a stone or a fist... he should pay for his being idled and for his medical expenses." Thus, we learn that the word תחת mentioned with regard to a blow indicates the necessity for financial restitution, and so one can conclude that the meaning of the same word with regard to an eye or another limb is also financial restitution.
Halacha 6
Although these interpretations are obvious from the study of the Written Law, and they are explicitly mentioned in the Oral Tradition transmitted by Moses from Mount Sinai, they are all regarded as halachot from Moses. This is what our ancestors saw in the court of Joshua and in the court of Samuel of Ramah, and in every single Jewish court that has functioned from the days of Moses our teacher until the present age.
Halacha 7
What is the source that teaches that a person who injures a colleague must pay independently for the pain that he caused? With regard to a maiden who has been raped Deuteronomy 22:29 states that payment is imposed: "because he oppressed her." the same law applies to anyone who causes a colleague bodily pain. He is required to give him financial recompense for the pain he caused.
Halacha 8
What is the source that teaches that he is liable for the victim's unemployment expenses and medical expenses independently? It is written Exodus 21:19: "He should pay for his being idled and for his medical expenses."
Halacha 9
What is the source that teaches that he is liable for the embarrassment suffered by the victim independently? Deuteronomy 25:11-12 states: "... And she extends her hand, grabbing his private parts. You must cut off her hand." The same law applies to anyone who embarrasses another person.
Halacha 10
A person who causes embarrassment is not liable unless he acts intentionally, as implied by the phrase: "And she extends her hand." If, by contrast, a person embarrassed a colleague without intent, he is not liable. Therefore, if a person who was sleeping or the like embarrassed a colleague, he is not liable.
Halacha 11
A man is considered mu'ad at all times - whether acting intentionally or unintentionally, whether asleep or awake or intoxicated. If he injures a colleague or damages a colleague's property, he must always reimburse him from his choicest property.
When is a person who causes damage while asleep required to make restitution? When they both went to sleep at the same time, and one turned over and injured his colleague or tore his garment. If, however, a person was sleeping and a colleague came and lay down next to him, only the one who lay down afterwards is considered mu'ad. If the person sleeping injures the one who came afterwards, he is not liable.
Similarly, if a person places a utensil next to a person who is sleeping, and the one who is sleeping breaks it, he is not liable. For the one who placed the article down was the one who was mu'ad and who acted with negligence.
Halacha 12
If a person fell from a roof because of an ordinary wind and caused damage, he is liable for four assessments, but is not liable for the embarrassment he caused. If he fell because of an exceptional wind, he is liable only for the injury, but not for the other four assessments. If, however, he turned over so that he would fall on a person to soften the blow he would receive, he is liable even for the embarrassment he caused. For whenever a person intentionally causes injury, he is liable for the embarrassment he caused, even though he did not have the intent of embarrassing the other person.
Halacha 13
When two people injure another person at the same time, they are both liable and they divide the assessment between themselves. If one of them acted intentionally and the other acted unintentionally, the one who acted unintentionally is not liable for the embarrassment that was caused.
Halacha 14
If a person intended to embarrass a minor and instead embarrassed an adult, he is required to pay the adult what he would pay for embarrassing a minor.
If a person intended to embarrass a servant and instead embarrassed a free man, he is required to pay the free man what he would pay for embarrassing a servant.
Halacha 15
If a stone was placed in a person's bosom - regardless of whether he had never known about it, or he had known about it and forgotten it - and when he stood up, the stone fell and caused damage, he is liable only for the injury, but not for the other four assessments.
Similarly, if he intended to throw a stone two cubits, and he throw it four cubits and it caused an injury, or if he caused an injury while sleeping, he is liable only for the injury, but not for the other four assessments.
Halacha 16
Whenever a person injures a colleague, he is liable for the five assessments. Even if a person enters a colleague's domain without permission and the owner injures him, the owner is liable. For he has permission to remove the intruder from his domain, but he does not have permission to injure him.
If, however, the person who entered bumps into the owner and is injured, the owner is not liable. If the owner bumps into him and is injured, the person who entered is liable, for he entered without permission.
If they both had permission to be in that domain, or neither had permission to be in that domain, and one bumps into the other and is injured, neither is liable.
Halacha 17
In all of the situations to be described, the person who caused the injury is liable for four assessments, but not for the embarrassment he caused: He was chopping wood in the public domain, and a piece of wood took flight and caused injury in the private domain. He was chopping wood in a private domain and caused injury in a public domain. He was chopping wood in a private domain and caused injury in another private domain. A person entered a carpenter's store - whether with permission or without permission - and a block of wood was propelled and hit him in the face.
Halacha 18
Just as an evaluation is made with regard to death, so too, an evaluation is made with regard to damages.
What is implied? If he strikes a colleague with a small stone that is not large enough to cause injury, or a small sliver of wood and causes an injury that this article is not ordinarily capable of causing, he is not liable. This concept is alluded to by Exodus 21:18, which speaks of "a man strik(ing) a colleague with a stone or a fist" - i.e., an entity that is capable of causing injury. He is, however, liable for the embarrassment that he caused. [For even if he merely spat on his colleague's person, he is liable for the embarrassment that he caused.
Accordingly, the witnesses have to know the article that caused the injury. This article should be brought to the court, and an evaluation is made concerning it, and a reckoning.
If the article that caused the injury was lost and the person who caused the injury claims: "It was not sufficient to cause the injury. The injury occurred because of forces beyond my control," and the person who was injured claims: "It was sufficient to cause the injury," the person who was injured should support his claim with an oath and collect his due, as will be explained.
Halacha 19
A metal object is never evaluated to see whether it can cause injury. Instead, we assume that it can, for even a small needle is capable of killing and surely of causing injury.
When a person throws a stone, and afterwards another person extends his head out from a window and is struck by it, the one who threw the stone is not liable at all. This is derived from Deuteronomy 19:5, which speaks of the head of an axe coming loose and "strik(ing) a colleague." This excludes one who causes himself to be stricken.
Chovel uMazzik - Chapter Two
Halacha 1
When a person injures a colleague in a manner that warrants payment of all five assessments, he is required to pay all five. If he injures him in a manner that warrants the payment of only four, he is required to pay only four. If three, three; if two, two; and if one, one.
Halacha 2
What is implied? If a person cuts off a colleague's hand or foot, or a finger or a toe, he must pay all five assessments: the damages, his pain, his medical treatment, his loss of employment and the embarrassment he suffered.
If he struck him on his hand and it swelled, but it will ultimately return to size; on his eye and displaced it, but it will heal; he should pay four assessments: his pain, his medical treatment, his loss of employment and the embarrassment he suffered.
If he struck him on his head and it swelled, he should pay three assessments: his pain, his medical treatment and the embarrassment he suffered.
If he struck him on a place where the blow cannot be seen - e.g., he struck him on his knees or on his back - he should pay two assessments: his pain and his medical treatment.
If a person swats a colleague with a handkerchief he was holding, a document or the like, he should pay only one assessment: embarrassment.
Halacha 3
If a person burned a colleague with a spit or a nail on his fingernails - i.e., in a place where a wound is not made - and that does not prevent the person from working, he should pay only for pain.
If one causes a colleague to drink a drug or anoints him with a drug that changes the color of his skin, he is required to pay merely for the medical expenses necessary until his skin returns to its original color.
Halacha 4
When a person shaves the head of a colleague, all that it is necessary for him to pay is for the embarrassment, for his hair will grow back. If he removes his hair with a potion or burns his head so that his hair will never grow back, he is liable for all five assessments: damages, pain and medical attention, because his head was heated by the burn or by the potion, and this will cause headaches. He must also pay him unemployment, because previously he was fit to dance and shake the locks of his hair, and he is thus prevented from performing this type of work. And he must be paid for embarrassment, because there is no greater embarrassment than this.
Halacha 5
Thus, this indicates that whenever a person causes a colleague a loss of limb that will not grow back, he is liable for all five payments. Even if he knocked out a tooth, he is liable for all five payments. For it is impossible that he will not suffer pain in his mouth for a certain amount of time because of the loss. And although there is no medical treatment for the tooth itself, the gums require medical treatment.
Halacha 6
Even if he causes him to lose a piece of flesh merely the size of a barleycorn, he must pay all five assessments. He must pay for the permanent damage, because the skin will never return; instead, scar tissue will form. Thus, if a person injures a colleague, cuts his flesh and causes him to bleed, he is liable for all five assessments.
Halacha 7
A person who scares a colleague - even if the fright causes him to fall ill - is not liable according to the judgments of an earthly court; he does, however, have a moral and spiritual obligation to compensate him. This applies, however, only when he did not touch him, but merely shouted behind him, appeared before him in the darkness or the like.
Similarly, if a person shouted in a colleague's ear and caused him to become deaf, he is not liable according to the judgments of an earthly court; he does, however, have a moral and spiritual obligation to compensate him.
If, however, a person grasped hold of a colleague and blew a horn in his ear and caused him to become deaf, touched him and/or pushed him when he frightened him, took hold of his clothes or the like, he is obligated to pay compensation even according to an earthly court.
Halacha 8
It appears to me that if the injured party claims to have been deafened or blinded and thus cannot see or hear, his claim is not accepted on faith, lest he attempt to deceive. For we have no evidence about the matter. Instead, he is not entitled to compensation unless he will be observed for an extended period of time, and it will be established that he lost his sight or his hearing. Only then, must the person who caused the damage pay.
Halacha 9
What compensation must be paid for pain? It all depends on the nature of the injured party. There are certain people who are delicate, spoiled and wealthy, and would not bear even a slight amount of pain for a large amount of money. And there are people who are heavy laborers, strong and poor, and will bear much suffering for a single zuz. These are the factors that are taken into consideration when evaluating and determining the compensation for pain.
Halacha 10
How is the pain evaluated when there is a loss of limb?If a person cut off a colleague's hand or finger, we evaluate how much such a person would give to have this limb amputated with a potioninstead of having it cut of with a sword, if the king decreed that his hand or foot must be cut off. We evaluate the difference between the two, and the one who caused the injury is required to pay that amount.
Halacha 11
How is the unemployment assessment evaluated? If he did not cause the person to lose a limb, but instead caused him to become sick and invalid, or his arm swelled but it will return to its original size, the person who caused the injury must pay the victim for his unemployment for each day, like an unemployed worker of the trade in which he is employed.
If he caused him to lose a limb or cut off his hand, he must pay him full compensation for his hand; this being "damages." In this instance, we judge him as if he were a guard at a patch of squash. We evaluate how much such a guard would earn each day and calculate the number of days he will be incapacitated. This is the amount the person who caused the injury must pay.
Similarly, if a person cut off a colleague's legs, we calculate a wage as if he were a door guard. If he blinded him, we calculate a wage as if he worked in a mill. Similar principles apply in all analogous situations.
Halacha 12
If a person hits a colleague on his ear or blows a horn into his ear and causes him to become deaf, he must pay his entire worth, for the victim is no longer fit to perform any work.
Halacha 13
The following law applies when a person blinded a colleague, and before the damages were evaluated cut off his hand, and before those damages were evaluated cut off his leg, and before those damages were evaluated caused him to become deaf. Since an evaluation was not made for each of the damages and ultimately, the person who caused the injury was required to pay the victim's entire worth, that is all that he is obligated to pay.
If an evaluation was made for each of the previous damages and then an evaluation was made for his entire worth, the court collects only the injured's entire worth from the person who inflicted the injury. If, however, the injured seizes payment for every injured limb and for his entire worth from the property of the person who inflicted the injury, it is not expropriated from him.
Halacha 14
How is the assessment for medical bills evaluated? We estimate how many days this ailment will last and what will be required to treat it. The person who caused the injury is required to give this sum immediately. We do not require him to make payments day by day. This is an enactment in favor of the person who caused the injury.
Halacha 15
Similarly, the unemployment assessment is evaluated and must be paid immediately.
If the injured party's ailment develops complications and becomes extended beyond the amount originally estimated, the person who caused the injury is not required to pay him more. Conversely, if he becomes healed immediately, the assessment is not reduced.
Halacha 16
When does the above apply? When the person who caused the injury agrees, for this enactment is to his benefit. If, however, the person who caused the injury says: "I do not desire that this enactment be followed; instead, I will pay his medical bills day by day" - he is given that prerogative.
Halacha 17
If the person who suffered the injury says: "Assess my injury and give me the money. I will heal myself," his request is not accepted. For the person who caused the injury can say: "Perhaps you will not be successful in healing yourself, and I will be viewed as responsible for the injury." Instead, he must pay his medical expenses day by day, or pay an assessment for the entire amount and give the money for his medical expenses to the court on his behalf.
Halacha 18
If the person who caused the injury says: "I will heal you," or he says: "I have a physician who will heal you without charge," his words are not heeded. Instead, he is required to bring a professional physician who charges for healing him.
Halacha 19
If an assessment was not made at the outset, for the person who caused the injury chose to pay the medical bills day by day, if an infection arose because of the wound, or if the wound opened again after it began to heal, he is required to pay for the medical expenses and for unemployment.
If an infection arose that was not caused by the wound, he is obligated to pay for the medical expenses, but is not obligated to pay for unemployment.
If the person who was injured disobeyed the physician's instructions and the severity of the ailment increased, the person who caused the injury is not obligated to heal him.
Halacha 20
When the court arrives at an assessment and obligates the person who caused the injury to pay, the entire amount is expropriated from him immediately. We do not grant him time to sell his property.
If he became obligated for embarrassment alone, we grant him time to sell his property, for he did not cause the victim a financial loss.
Chovel uMazzik - Chapter Three
Halacha 1
How is the assessment for embarrassment evaluated? Everything depends on the character of the person who causes the embarrassment and that of the one who is embarrassed. For the embarrassment caused by a child cannot be compared to the embarrassment caused by a respected adult, since the embarrassment caused by the ignoble one is greater.
Halacha 2
A person who embarrasses someone who is naked, or who is in the bathhouse is not liable. If the wind blew and raised a person's clothes up against his face, revealing his nakedness, and then another person removed more of his garments, the latter is liable for causing embarrassment. Nevertheless, the embarrassment caused to this person whose nakedness was revealed cannot be compared to the embarrassment of a person who was not naked at all.
Similarly, if a person lifted up his clothes to go down to a river or to ascend from a river, and another person embarrassed him, that person is liable. Nevertheless, the embarrassment caused to this person cannot be compared to the embarrassment of a person who was fully clothed.
Halacha 3
When a person embarrasses a colleague who is sleeping, he is liable for the embarrassment he caused. If the person died in his sleep and never became aware that this person had embarrassed him, the assessment for embarrassment should not be expropriated from the person who caused the embarrassment. If, however, the embarrassed person's heirs seized this amount from the property of the person who caused the embarrassment, it is not expropriated from them.
Halacha 4
A person who embarrasses a mentally incompetent person is not liable. A person who embarrasses a deaf mute is liable.
A person who embarrasses a convert or a servant is liable. The following rules apply when a person embarrasses a minor: If the minor becomes embarrassed when he is shamed, the person is liable. If the minor does not feel the shame, the other person is not liable.
Even when he is liable, the liability for embarrassing a minor cannot be compared to the liability for embarrassing an adult, nor can that required for embarrassing a servant be compared to that required for embarrassing a free man, nor can that required for embarrassing a deaf mute be compared to that required for embarrassing a mentally competent person.
Halacha 5
When a person embarrasses a colleague with words, or he spits on his clothing, he is not liable for a financial penalty. The court should, however, impose appropriate restraints concerning such matters in every place and time.
If a person embarrasses a Torah scholar, he is liable to pay him for the full measure of embarrassment, even though he embarrassed him only by verbal abuse. The rule has already been ordained that anyone who embarrasses a Torah scholar, even with mere verbal abuse, is penalized and is required to pay 35 gold dinarim - i.e., the weight of 8 and 3/4 sela'im. It is an accepted tradition, that this penalty is exacted in all places, in Eretz Yisrael and in the diaspora.
Halacha 6
There haveCONTINUALLY been instances of this in our community in Spain. There are some scholars who have waived this payment, and this is praiseworthy of them. There are those who demand payment and reach a compromise. The judges, however, tell the person who caused the embarrassment: "You are obligated to pay him a pound of gold."
been instances of this in our community in Spain. There are some scholars who have waived this payment, and this is praiseworthy of them. There are those who demand payment and reach a compromise. The judges, however, tell the person who caused the embarrassment: "You are obligated to pay him a pound of gold."
Halacha 7
Although a person who embarrasses someone else verbally is not liable for a financial payment, it is a grave sin. Only a wicked and foolish person abuses and insults people. The Sages of the earlier generations said: "Whoever embarrasses a proper Jewish person in public with words does not have a share in the world to come."
Halacha 8
There are many types of blows that involve embarrassment and a small amount of pain, but noPERMANENT damage. Our Sages have already ordained specific payments for these types of blows. Whoever strikes a colleague with one of these blows must pay this specified amount. These are all consideredk'nasot.
damage. Our Sages have already ordained specific payments for these types of blows. Whoever strikes a colleague with one of these blows must pay this specified amount. These are all consideredk'nasot.
The specific amount that the person must pay is theASSESSMENT for pain, embarrassment, medical attention and unemployment. Whether or not the injured requires medical attention and loses employment, this is the amount that must be paid.
for pain, embarrassment, medical attention and unemployment. Whether or not the injured requires medical attention and loses employment, this is the amount that must be paid.
Halacha 9
How much must be paid? A person who kicks a colleague with his foot must pay five sela'im. If he butts him with his knee, he must pay three sela'im. If he hits him with a fist, he must pay thirteen sela'im. If he slams his colleague with his palm, he must pay a sela. If he slaps him in the face, he must pay fifty sela'im. If he slaps him in the face with the back of his hand, he must pay 100 sela'im.
Similarly, if he twists his ear, pulls his hair, spits at him and the spittle touches his body, removes a man's garment or a woman's head covering, he must pay 100 sela'im.
He must pay this amount for every blow he gives. What is implied? If he kicks his colleague four times - even if he kicks him in immediate succession, he must pay him twenty sela'im. If he slaps him in the face twice, he must pay him 100sela'im. The same rule applies with regard to the other payments.
Halacha 10
All the sela'im mentioned in this context refer to the silver coins used in Eretz Yisrael at that time. Every sela was composed of half a dinar of pure silver and three and a half dinarim of copper. Therefore, if a person became liable to pay a colleague 100 sela'im because of such blows, he is liable to pay him twelve and a half sela'im of pure silver.
Halacha 11
When are theseASSESSMENTS imposed? When a distinguished person is involved. If, however, an ignoble person is involved - one who is not particular about these things or the like - he receives only the amount of money that is appropriate for him, as assessed by the judges.
imposed? When a distinguished person is involved. If, however, an ignoble person is involved - one who is not particular about these things or the like - he receives only the amount of money that is appropriate for him, as assessed by the judges.
For there are base people who are not concerned with being shamed and will demean themselves in any humiliating manner for foolishness and frivolity, or to receive a p'rutah from the fools who jest with them
• Thursday, Elul 12, 5775 · 27 August /2015
"Today's Day"
Sunday Elul 12 5703
Torah lessons: Chumash: Tavo, first parsha with Rashi.
Tehillim: 66-68. Also 34-36.
Tanya: XIV. To arouse (p. 461) ...the highest levels. (p. 463).
The long hemsheich (series of maamarim) known as "B'sha'a shehikdimu, Te'erav" was begun1 by my father on the first day of Shavuot 5672 (1912) in Lubavitch. He finished it on the Shabbat of parsha Vayeira 5676 (1915) in Rostov - with the maamarwhich begins VaHashem amar. The hemsheich contains 144 maamarim.
Extant in manuscript2 is a second section which he had not delivered orally, and which is not divided into maamarim.
FOOTNOTES
1. I.e. the first maamar of the series was delivered as an oral discourse on that day by the Rebbe (R. Shalom Dovber).
2. Subsequently published by Kehot.
Daily Thought:
Original Success
Before your soul descended to this world, it was determined she would succeed. If not in this lifetime, then in another, or yet another—eventually she will fulfill her entire mission.
And in each lifetime, she will move further ahead.
It was this knowledge that conceived her.
It was this inspiration that brought the world to be.
It is this vision of her success
that lies at the essence of all things.[Maamar Mayim Rabim 5738.]
____________________________
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