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 55 Chapter 56 Chapter 57
Psalm 55:(0) For the leader. With stringed instruments. A maskil of David:
2 (1) Listen, God, to my prayer!
Don’t hide yourself from my plea!
3 (2) Pay attention to me, and answer me!
I am panic-stricken as I make my complaint,
I shudder 4 (3) at how the enemy shouts,
at how the wicked oppress;
for they keep heaping trouble on me
and angrily tormenting me.
5 (4) My heart within me is pounding in anguish,
the terrors of death press down on me,
6 (5) fear and trembling overwhelm me,
horror covers me.
7 (6) I said, “I wish I had wings like a dove!
Then I could fly away and be at rest.
8 (7) Yes, I would flee to a place far off,
I would stay in the desert. (Selah)
9 (8) I would quickly find me a shelter
from the raging wind and storm.”
10 (9) Confuse, Adonai, confound their speech!
For I see violence and fighting in the city.
11 (10) Day and night they go about its walls;
within are malice and mischief.
12 (11) Ruin is rife within it,
oppression and fraud never leave its streets.
13 (12) For it was not an enemy who insulted me;
if it had been, I could have borne it.
It was not my adversary who treated me with scorn;
if it had been, I could have hidden myself.
14 (13) But it was you, a man of my own kind,
my companion, whom I knew well.
15 (14) We used to share our hearts with each other;
in the house of God we walked with the crowd.
16 (15) May he put death on them;
let them go down alive to Sh’ol;
for evil is in their homes
and also in their hearts.
17 (16) But I will call on God,
and Adonai will save me.
18 (17) Evening, morning and noon I complain
and moan; but he hears my voice.
19 (18) He redeems me and gives me peace,
so that no one can come near me.
For there were many who fought me.
20 (19) God will hear and will humble them,
yes, he who has sat on his throne from the start. (Selah)
For they never change,
and they don’t fear God.
21 (20) [My companion] attacked those
who were at peace with him;
he broke his solemn word.
22 (21) What he said sounded smoother than butter,
but his heart was at war.
His words seemed more soothing than oil,
but in fact they were sharp swords.
23 (22) Unload your burden on Adonai,
and he will sustain you.
He will never permit
the righteous to be moved.
24 (23) But you will bring them down, God,
into the deepest pit.
Those men, so bloodthirsty and treacherous,
will not live out half their days.
But for my part, [Adonai,]
I put my trust in you.
56:(0) For the leader. Set to “The Silent Dove in the Distance.” By David; a mikhtam, when the P’lishtim captured him in Gat:
2 (1) Show me favor, God;
for people are trampling me down —
all day they fight and press on me.
3 (2) Those who are lying in wait for me
would trample on me all day.
For those fighting against me are many.
Most High, 4 (3) when I am afraid,
I put my trust in you.
5 (4) In God — I praise his word —
in God I trust; I have no fear;
what can human power do to me?
6 (5) All day long they twist my words;
their only thought is to harm me.
7 (6) They gather together and hide themselves,
spying on my movements, hoping to kill me.
8 (7) Because of their crime, they cannot escape;
in anger, God, strike down the peoples.
9 (8) You have kept count of my wanderings;
store my tears in your water-skin —
aren’t they already recorded in your book?
10 (9) Then my enemies will turn back
on the day when I call;
this I know: that God is for me.
11 (10) In God — I praise his word —
in Adonai — I praise his word —
12 (11) in God I trust; I have no fear;
what can mere humans do to me?
13 (12) God, I have made vows to you;
I will fulfill them with thank offerings to you.
14 (13) For you rescued me from death,
you kept my feet from stumbling,
so that I can walk in God’s presence,
in the light of life.
57:(0) For the leader. Set to “Do Not Destroy.” By David, a mikhtam, when he fled from Sha’ul into the cave:
2 (1) Show me favor, God, show me favor;
for in you I have taken refuge.
Yes, I will find refuge in the shadow of your wings
until the storms have passed.
3 (2) I call to God, the Most High,
to God, who is accomplishing his purpose for me.
4 (3) He will send from heaven and save me
when those who would trample me down mock me. (Selah)
God will send his grace and his truth.
5 (4) I am surrounded by lions,
I am lying down among people breathing fire,
men whose teeth are spears and arrows
and their tongues sharp-edged swords.
6 (5) Be exalted, God, above heaven!
May your glory be over all the earth!
7 (6) They prepared a snare for my feet,
but I am bending over [to avoid it].
They dug a pit ahead of me,
but they fell into it themselves. (Selah)
8 (7) My heart is steadfast, God, steadfast.
I will sing and make music.
9 (8) Awake, my glory! Awake, lyre and lute!
I will awaken the dawn.
10 (9) I will thank you, Adonai, among the peoples;
I will make music to you among the nations.
11 (10) For your grace is great, all the way to heaven,
and your truth, all the way to the skies.
12 (11) Be exalted, God, above heaven!
May your glory be over all the earth!
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:
Achashverosh was a fool: first he killed his wife at the urging of his friend, and then he killed his friend at the urging of his wife.[Yalkut Shimoni]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Tavo, 5th Portion Deuteronomy 27:11-28:6 with Rashi
• Chapter 27
11And Moses commanded the people on that day, saying, יאוַיְצַו משֶׁה אֶת הָעָם בַּיּוֹם הַהוּא לֵאמֹר:
12When you cross the Jordan, the following shall stand upon Mount Gerizim to bless the people: Simeon, Levi, Judah, Issachar, Joseph, and Benjamin. יבאֵלֶּה יַעַמְדוּ לְבָרֵךְ אֶת הָעָם עַל הַר גְּרִזִּים בְּעָבְרְכֶם אֶת הַיַּרְדֵּן שִׁמְעוֹן וְלֵוִי וִיהוּדָה וְיִשָּׂשכָר וְיוֹסֵף וּבִנְיָמִן:
to bless the people: As it is found in Tractate Sotah (32a): Six tribes ascended to the top of Mount Gerizim and [the other] six to the top of Mount Ebal; the kohanim , the Levites and the [holy] ark stood below in the middle. The Levites turned their faces towards Mount Gerizim and began with the blessing: “Blessed be the man who does not make a graven or molten image…,” and these [the tribes on Mount Gerizim] and these [the tribes on Mount Ebal] answered “Amen!” Then [the Levites] turned their faces towards Mount Ebal and began with the curse, saying: “Cursed be the man who makes any graven [or molten] image…,” and these [the tribes on Mount Gerizim] and these [the tribes on Mount Ebal] responded “Amen!” The Levites then turned their faces once again towards Mount Gerizim, and said: “Blessed be he who does not degrade his father and mother,” [and the tribes on Mount Gerizim and those on Mount Ebal responded “Amen!” The Levites] would then turn their faces once again towards Mount Ebal, and say: “Cursed be he who degrades his father and mother,” [and the tribes on Mount Gerizim and those on Mount Ebal responded “Amen!”]. Thus [it would continue] in this manner for all of them [the blessings and curses] until [the very last curse, namely (verse 26)]:“Cursed be the one who does not uphold [the words of this Torah].” לברך את העם: כדאיתא במסכת סוטה (לב א) ששה שבטים עלו לראש הר גריזים, וששה לראש הר עיבל והכהנים והלוים והארון למטה באמצע הפכו לוים פניהם כלפי הר גריזים ופתחו בברכה ברוך האיש אשר לא יעשה פסל ומסכה וגו' ואלו ואלו עונין אמן. חזרו והפכו פניהם כלפי הר עיבל ופתחו בקללה ואומרים, (פסוק טו) ארור האיש אשר יעשה פסל וגו' וכן כולם עד (פסוק כו) ארור אשר לא יקים:
13And the following shall stand upon Mount Ebal for the curse: Reuben, Gad, Asher, Zebulun, Dan, and Naftali. יגוְאֵלֶּה יַעַמְדוּ עַל הַקְּלָלָה בְּהַר עֵיבָל רְאוּבֵן גָּד וְאָשֵׁר וּזְבוּלֻן דָּן וְנַפְתָּלִי:
14The Levites shall speak up, saying to every individual of Israel, in a loud voice: ידוְעָנוּ הַלְוִיִּם וְאָמְרוּ אֶל כָּל אִישׁ יִשְׂרָאֵל קוֹל רָם:
15"Cursed be the man who makes any graven or molten image an abomination to the Lord, the handiwork of a craftsman and sets it up in secret! And all the people shall respond, saying, 'Amen!' טואָרוּר הָאִישׁ אֲשֶׁר יַעֲשֶׂה פֶסֶל וּמַסֵּכָה תּוֹעֲבַת יְהֹוָה מַעֲשֵׂה יְדֵי חָרָשׁ וְשָׂם בַּסָּתֶר וְעָנוּ כָל הָעָם וְאָמְרוּ אָמֵן:
16Cursed be he who degrades his father and mother. And all the people shall say, 'Amen!' טזאָרוּר מַקְלֶה אָבִיו וְאִמּוֹ וְאָמַר כָּל הָעָם אָמֵן:
who degrades his father: Heb. מַקְלֶה אָבִיו [The word מַקְלֶה means:] to treat cheaply [i.e., with disrespect]. It is similar to the verse, “וְנִקְלָה אָחִיךָ, your brother will be degraded” (Deut. 25:3). מקלה אביו: מזלזל לשון ונקלה אחיך (לעיל כ"ה, ג):
17Cursed be he who moves back his neighbor's landmark. And all the people shall say, 'Amen!' יזאָרוּר מַסִּיג גְּבוּל רֵעֵהוּ וְאָמַר כָּל הָעָם אָמֵן:
who moves back his neighbor’s landmark: Heb. מַסִּיג גְּבוּל, moving it back and stealing the land. [The term מַסִּיג] is an expression similar to,“has turned backwards (וְהֻסַּג אָחוֹר) ” (Isa. 59:14). מסיג גבול: מחזירו לאחוריו וגונב את הקרקע לשון והוסג אחור (ישעיה נט, יד):
18Cursed be he who misguides a blind person on the way. And all the people shall say, 'Amen!' יחאָרוּר מַשְׁגֶּה עִוֵּר בַּדָּרֶךְ וְאָמַר כָּל הָעָם אָמֵן:
who misguides a blind person: One [figuratively] blind regarding some matter [i.e., ignorant or inexperienced], and [knowingly] giving him bad advice. משגה עור: הסומא בדבר ומשיאו עצה רעה:
19Cursed be he who perverts the judgment of the stranger, the orphan, or the widow. And all the people shall say, 'Amen!' יטאָרוּר מַטֶּה מִשְׁפַּט גֵּר יָתוֹם וְאַלְמָנָה וְאָמַר כָּל הָעָם אָמֵן:
20Cursed be he who lies with his father's wife, thus uncovering the corner of his father's garment. And all the people shall say, 'Amen!' כאָרוּר שֹׁכֵב עִם אֵשֶׁת אָבִיו כִּי גִלָּה כְּנַף אָבִיו וְאָמַר כָּל הָעָם אָמֵן:
21Cursed be he who lies with any animal. And all the people shall say, 'Amen!' כאאָרוּר שֹׁכֵב עִם כָּל בְּהֵמָה וְאָמַר כָּל הָעָם אָמֵן:
22Cursed be he who lies with his sister, his father's daughter or his mother's daughter. And all the people shall say, 'Amen!' כבאָרוּר שֹׁכֵב עִם אֲחֹתוֹ בַּת אָבִיו אוֹ בַת אִמּוֹ וְאָמַר כָּל הָעָם אָמֵן:
23Cursed be he who lies with his mother in law. And all the people shall say, 'Amen!' כגאָרוּר שֹׁכֵב עִם חֹתַנְתּוֹ וְאָמַר כָּל הָעָם אָמֵן:
24Cursed be he who strikes his fellow in secret. And all the people shall say, 'Amen!' כדאָרוּר מַכֵּה רֵעֵהוּ בַּסָּתֶר וְאָמַר כָּל הָעָם אָמֵן:
who strikes his fellow in secret: [Scripture] is speaking of [someone who causes harm to his fellow Jew through] slander (Pirkei d’Rabbi Eliezer 53). I saw in the Yesod of Rabbi Moshe Hadarshan that there are eleven curses here, corresponding to eleven tribes. [Each of eleven tribes was blessed by Moses before he passed away. Here, we learn that every tribe had an allusionary curse attached to it, as if in admonishment: “If you do God’s will, you will be granted the blessing, but if not, then there is a curse attached.”] But in allusion to [the tribe of] Simeon, [Moses] did not write“Cursed be he…,” for [Moses] did not intend to bless [the tribe of] Simeon [individually] prior to his passing, when he blessed the other tribes. Therefore, [Moses] did not wish to curse them [either. Moses did not deem the tribe of Simeon deserving of a direct blessing before he passed away, on account of the shocking incident at Shittim which involved the leader of the tribe of Simeon having illicit relations with a Midianite princess. See Num. 25:1-15]. מכה רעהו בסתר: על לשון הרע הוא אומר. ראיתי ביסודו של רבי משה הדרשן י"א ארורים יש כאן כנגד י"א שבטים וכנגד שמעון לא כתב ארור לפי שלא היה בלבו לברכו לפני מותו כשברך שאר השבטים לכך לא רצה לקללו:
25Cursed be he who takes a bribe to put an innocent person to death. And all the people shall say, 'Amen!' כהאָרוּר לֹקֵחַ שֹׁחַד לְהַכּוֹת נֶפֶשׁ דַּם נָקִי וְאָמַר כָּל הָעָם אָמֵן:
26Cursed be he who does not uphold the words of this Torah, to fulfill them. And all the people shall say, 'Amen!' כואָרוּר אֲשֶׁר לֹא יָקִים אֶת דִּבְרֵי הַתּוֹרָה הַזֹּאת לַעֲשׂוֹת אוֹתָם וְאָמַר כָּל הָעָם אָמֵן:
who does not uphold [the words of this Torah]: Here [in this curse,] Moses included the entire Torah, and they accepted it upon themselves with a curse and an oath. — [see Shevuoth 36a] אשר לא יקים: כאן כלל את כל התורה כולה וקבלוה עליהם באלה ובשבועה:
Chapter 28
1And it will be if you obey the Lord, your God, to observe to fulfill all His commandments which I command you this day, the Lord, your God, will place you supreme above all the nations of the earth. אוְהָיָה אִם שָׁמוֹעַ תִּשְׁמַע בְּקוֹל יְהֹוָה אֱלֹהֶיךָ לִשְׁמֹר לַעֲשׂוֹת אֶת כָּל מִצְוֹתָיו אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם וּנְתָנְךָ יְהֹוָה אֱלֹהֶיךָ עֶלְיוֹן עַל כָּל גּוֹיֵי הָאָרֶץ:
2And all these blessings will come upon you and cleave to you, if you obey the Lord, your God. בוּבָאוּ עָלֶיךָ כָּל הַבְּרָכוֹת הָאֵלֶּה וְהִשִּׂיגֻךָ כִּי תִשְׁמַע בְּקוֹל יְהֹוָה אֱלֹהֶיךָ:
3You shall be blessed in the city, and you shall be blessed in the field. גבָּרוּךְ אַתָּה בָּעִיר וּבָרוּךְ אַתָּה בַּשָּׂדֶה:
4Blessed will be the fruit of your womb, the fruit of your soil, the fruit of your livestock, the offspring of your cattle, and the flocks of your sheep. דבָּרוּךְ פְּרִי בִטְנְךָ וּפְרִי אַדְמָתְךָ וּפְרִי בְהֶמְתֶּךָ שְׁגַר אֲלָפֶיךָ וְעַשְׁתְּרוֹת צֹאנֶךָ:
the offspring of your cattle: Heb. שְׁגַר אֲלָפֶיךָ, the young which are born from your cattle, [that is,] which the animal sends forth (מְשַׁגֶּרֶת) from its womb. שגר אלפיך: ולדות בקרך שהבהמה משגרת ממעיה:
and the flocks of your sheep: Heb. וְעַשְׁתְּרוֹת צֹאנֶךָ [This expression is to be understood] as it is rendered by the Targum [Onkelos]: “וְעֶדְרֵי עָנָךְ, and the flocks of your sheep.” Our Rabbis, however, said: Why are [sheep] עַשְׁתְּרוֹת ? Because they enrich (מַעֲשִׁירוֹת) their owners (Chul. 84b) and maintain them, as עַשְׁתְּרוֹת, which are strong rocks. ועשתרות צאנך: כתרגומו. ורבותינו אמרו למה נקרא שמם עשתרות שמעשירות את בעליהן ומחזיקות אותם כעשתרות הללו שהן סלעים חזקים:
5Blessed will be your basket and your kneading bowl. הבָּרוּךְ טַנְאֲךָ וּמִשְׁאַרְתֶּךָ:
Blessed will be your basket: Your fruits. Another explanation of טַנְאֲךָ: liquids which you strain through baskets [used as strainers]. ברוך טנאך: פירותיך. דבר אחר טנאך דבר לח שאתה מסנן בסלים:
and your kneading bowl: Heb. וּמִשְׁאַרְתֶּךָ. Something dry, which remains (נִשְׁאָר) in the receptacle and does not flow through. [This interpretation follows the latter interpretation in the above Rashi. According to the former interpretation, this means simply “your kneading bowl.” ומשארתך: דבר יבש שנשאר בכלי ואינו זב:
6You shall be blessed when you come, and you shall be blessed when you depart. ובָּרוּךְ אַתָּה בְּבֹאֶךָ וּבָרוּךְ אַתָּה בְּצֵאתֶךָ:
Blessed will you be when you come, and blessed will you be when you depart: May your departure from the world be as free of sin as was your entry into the world. — [B.M. 107a] ברוך אתה בבאך וברוך אתה בצאתך: שתהא יציאתך מן העולם בלא חטא כביאתך לעולם:
Daily Tehillim: Psalms Chapters 90 - 96
• 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 90
David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Chapter 91
This psalm inspires the hearts of the people to seek shelter under the wings of the Divine Presence. It also speaks of the four seasons of the year, and their respective ministering powers, instructing those who safeguard their souls to avoid them.
1. You who dwells in the shelter of the Most High, who abides in the shadow of the Omnipotent:
2. I say of the Lord who is my refuge and my stronghold, my God in whom I trust,
3. that He will save you from the ensnaring trap, from the destructive pestilence.
4. He will cover you with His pinions and you will find refuge under His wings; His truth is a shield and an armor.
5. You will not fear the terror of the night, nor the arrow that flies by day;
6. the pestilence that prowls in the darkness, nor the destruction that ravages at noon.
7. A thousand may fall at your [left] side, and ten thousand at your right, but it shall not reach you.
8. You need only look with your eyes, and you will see the retribution of the wicked.
9. Because you [have said,] "The Lord is my shelter," and you have made the Most High your haven,
10. no evil will befall you, no plague will come near your tent.
11. For He will instruct His angels in your behalf, to guard you in all your ways.
12. They will carry you in their hands, lest you injure your foot upon a rock.
13. You will tread upon the lion and the viper; you will trample upon the young lion and the serpent.
14. Because he desires Me, I will deliver him; I will fortify him, for he knows My Name.
15. When he calls on Me, I will answer him; I am with him in distress. I will deliver him and honor him.
16. I will satiate him with long life, and show him My deliverance.
Chapter 92
Sung every Shabbat by the Levites in the Holy Temple, this psalm speaks of the World to Come, and comforts the hearts of those crushed by suffering.
1. A psalm, a song for the Shabbat day.
2. It is good to praise the Lord, and to sing to Your Name, O Most High;
3. to proclaim Your kindness in the morning, and Your faithfulness in the nights,
4. with a ten-stringed instrument and lyre, to the melody of a harp.
5. For You, Lord, have gladdened me with Your deeds; I sing for joy at the works of Your hand.
6. How great are Your works, O Lord; how very profound Your thoughts!
7. A brutish man cannot know, a fool cannot comprehend this:
8. When the wicked thrive like grass, and all evildoers flourish-it is in order that they may be destroyed forever.
9. But You, Lord, are exalted forever.
10. Indeed, Your enemies, O Lord, indeed Your enemies shall perish; all evildoers shall be scattered.
11. But You have increased my might like that of a wild ox; I am anointed with fresh oil.
12. My eyes have seen [the downfall of] my watchful enemies; my ears have heard [the doom of] the wicked who rise against me.
13. The righteous will flourish like a palm tree, grow tall like a cedar in Lebanon.
14. Planted in the House of the Lord, they shall blossom in the courtyards of our God.
15. They shall be fruitful even in old age; they shall be full of sap and freshness-
16. to declare that the Lord is just; He is my Strength, and there is no injustice in Him.
Chapter 93
This psalm speaks of the Messianic era, when God will don grandeur-allowing no room for man to boast before Him as did Nebuchadnezzar, Pharaoh, and Sennacherib.
1. The Lord is King; He has garbed Himself with grandeur; the Lord has robed Himself, He has girded Himself with strength; He has also established the world firmly that it shall not falter.
2. Your throne stands firm from of old; You have existed forever.
3. The rivers have raised, O Lord, the rivers have raised their voice; the rivers raise their raging waves.
4. More than the sound of many waters, than the mighty breakers of the sea, is the Lord mighty on High.
5. Your testimonies are most trustworthy; Your House will be resplendent in holiness, O Lord, forever.
Chapter 94
An awe-inspiring and wondrous prayer with which every individual can pray for the redemption. It is also an important moral teaching.
1. The Lord is a God of retribution; O God of retribution, reveal Yourself!
2. Judge of the earth, arise; render to the arrogant their recompense.
3. How long shall the wicked, O Lord, how long shall the wicked exult?
4. They continuously speak insolently; all the evildoers act arrogantly.
5. They crush Your people, O Lord, and oppress Your heritage.
6. They kill the widow and the stranger, and murder the orphans.
7. And they say, "The Lord does not see, the God of Jacob does not perceive.”
8. Understand, you senseless among the people; you fools, when will you become wise?
9. Shall He who implants the ear not hear? Shall He who forms the eye not see?
10. Shall He who chastises nations not punish? Shall He who imparts knowledge to man [not know]?
11. The Lord knows the thoughts of man, that they are naught.
12. Fortunate is the man whom You chastise, O Lord, and instruct him in Your Torah,
13. bestowing upon him tranquillity in times of adversity, until the pit is dug for the wicked.
14. For the Lord will not abandon His people, nor forsake His heritage.
15. For judgment shall again be consonant with justice, and all the upright in heart will pursue it.
16. Who would rise up for me against the wicked ones; who would stand up for me against the evildoers?
17. Had the Lord not been a help to me, my soul would have soon dwelt in the silence [of the grave].
18. When I thought that my foot was slipping, Your kindness, O Lord, supported me.
19. When my [worrisome] thoughts multiply within me, Your consolation delights my soul.
20. Can one in the seat of evil, one who makes iniquity into law, consort with You?
21. They band together against the life of the righteous, and condemn innocent blood.
22. The Lord has been my stronghold; my God, the strength of my refuge.
23. He will turn their violence against them and destroy them through their own wickedness; the Lord, our God, will destroy them.
Chapter 95
This psalm speaks of the future, when man will say to his fellow, "Come, let us sing and offer praise to God for the miracles He has performed for us!"
1. Come, let us sing to the Lord; let us raise our voices in jubilation to the Rock of our deliverance.
2. Let us approach Him with thanksgiving; let us raise our voices to Him in song.
3. For the Lord is a great God, and a great King over all supernal beings;
4. in His hands are the depths of the earth, and the heights of the mountains are His.
5. Indeed, the sea is His, for He made it; His hands formed the dry land.
6. Come, let us prostrate ourselves and bow down; let us bend the knee before the Lord, our Maker.
7. For He is our God, and we are the people that He tends, the flock under His [guiding] hand-even this very day, if you would but hearken to His voice!
8. Do not harden your heart as at Merivah, as on the day at Massah in the wilderness,
9. where your fathers tested Me; they tried Me, though they had seen My deeds.
10. For forty years I quarreled with that generation; and I said, "They are a people of erring hearts, they do not know My ways.”
11. So I vowed in My anger that they would not enter My resting place.
Chapter 96
The time will yet come when man will say to his fellow: "Come, let us sing to God!"
1. Sing to the Lord a new song; sing to the Lord, all the earth.
2. Sing to the Lord, bless His Name; proclaim His deliverance from day to day.
3. Recount His glory among the nations, His wonders among all the peoples.
4. For the Lord is great and highly praised; He is awesome above all gods.
5. For all the gods of the nations are naught, but the Lord made the heavens.
6. Majesty and splendor are before Him, might and beauty in His Sanctuary.
7. Render to the Lord, O families of nations, render to the Lord honor and might.
8. Render to the Lord honor due to His Name; bring an offering and come to His courtyards.
9. Bow down to the Lord in resplendent holiness; tremble before Him, all the earth.
10. Proclaim among the nations, "The Lord reigns"; indeed, the world is firmly established that it shall not falter; He will judge the peoples with righteousness.
11. The heavens will rejoice, the earth will exult; the sea and its fullness will roar.
12. The fields and everything therein will jubilate; then all the trees of the forest will sing.
13. Before the Lord [they shall rejoice], for He has come, for He has come to judge the earth; He will judge the world with justice, and the nations with His truth.
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 55, 56 and 57.
Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Tanya: Iggeret HaKodesh, middle of Epistle 15• Lessons in Tanya
• Thursday, Elul 19, 5775 · September 3, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 15
והנה כללות היו״ד ספירות שבנשמת האדם
Now, as regards the totality of the Ten Sefirot [as they appear] in the soul of man,
נודע לכל שהמדות נחלקות בדרך כלל לז׳ מדות
וכל פרטי המדות שבאדם באות מאחת מז׳ מדות אלו
and each of the particular attributes in man derives from one of these seven attributes.
שהן שורש כל המדות וכללותן
For they are the root of all the attributes and their generality,
שהן: מדת החסד, להשפיע בלי גבול
namely: the attribute of Chesed (“lovingkindness”), [which is a thrust] to diffuse benevolence [to all] without limit;
ומדת הגבורה, לצמצם מלהשפיע כל כך, או שלא להשפיע כלל
the attribute of Gevurah (“stern limitation and contraction”), [which seeks] to restrain such a degree of diffusion, or to withhold diffusion altogether3 [from certain individuals];
ומדת הרחמים, לרחם על מי ששייך לשון רחמנות עליו
and the attribute of Rachamim (“compassion”), [which seeks] to pity a person to whom compassion is appropriate4 and to extend benevolence to him as well, although he may be unworthy of it.
והיא מדה ממוצעת בין גבורה לחסד
[Rachamim] is the mediating attribute between Gevurah and Chesed,
שהיא להשפיע לכל, גם למי שלא שייך לשון רחמנות עליו כלל
the latter of which would diffuse benevolence to all, even to a person to whom compassion is not at all appropriate,5
מפני שאינו חסר כלום, ואינו שרוי בצער כלל
inasmuch as he lacks nothing and is in no state of trouble whatever.6
Because the attribute of Chesed is unlimited it desires to benefit even someone who lacks nothing. The attribute of Rachamim, by contrast, being also compounded of Gevurah, will not seek to diffuse indiscriminately. At the same time, Rachamim pleads the cause of any individual who is in a pitiable state, however unworthy he may be.
ולפי שהיא מדה ממוצעת, נקראת תפארת
Because [the attribute of Rachamim] is the mediating attribute, it is called Tiferet (“beauty”),
כמו בגדי תפארת, על דרך משל
by analogy with beautiful garments
שהוא בגד צבוע בגוונים הרבה, מעורבים בדרך שהיא תפארת ונוי
מה שאין כן בגד הצבוע בגוון אחד, לא שייך בו לשון תפארת
To a garment dyed in one color, however, one cannot apply the term Tiferet, which implies the beauty of harmony. And since the attribute of Rachamim is compounded of Chesed and Gevurah, the term Tiferet is appropriate.
ואחר כך, בבוא ההשפעה לידי מעשה
Afterwards, once the attribute of either Chesed, Gevurah or Tiferet is aroused to dispense benevolence, as the diffusion is realized,
דהיינו, בשעת ההשפעה ממש
that is, at the time of the actual diffusion,
צריך להתיעץ איך להשפיע בדרך שיוכל המקבל לקבל ההשפעה
it is necessary to deliberate how to diffuse in such a way that the recipient will be able to absorb the effusion.9
כגון שרוצה להשפיע דבר חכמה ללמדה לבנו
For example, when one wishes — and this is a powerful desire — to convey and teach an intellectual subject to his son:
אם יאמרנה לו כולה, כמו שהיא בשכלו, לא יוכל הבן להבין ולקבל
If he will tell it to him in its totality, just as it appears in his own mind, the son will be unable to understand and to absorb it.
This could happen either (a) because the concept as understood by the father is too abstract and subtle for the son, and needs to be lent a more tangible garb, such as a parable; or (b) because the concept is too comprehensive and too diverse, and needs to be broken down into digestible segments, only some of which will be presented to the son.
רק שצריך לסדר לו בסדר וענין אחר
Rather, one needs to arrange [it] for him in a different order and context, such as by providing an example from an alternative context,
דבר דבור על אופניו
“every word fitly spoken,”10 presenting first one side of the issue at hand and then the other,
מעט מעט
little by little, a little of the concept at a time.
The concept thus needs to be contracted with regard to its “length”, by lowering its stature until it is within the grasp of the recipient, and with regard to its “breadth”, by reducing its manifold details to match the capacity of the son or student.
ובחינת עצה זו נקראת נצח והוד
This deliberation, regarding how best to present the concept, is referred to [by the terms] Netzach andHod.
שהן כליות יועצות
These [attributes] are11 “the kidneys that advise,” in a manner similar to their physical counterpart,
וגם תרין ביעין המבשלים הזרע
and they are also (in spiritual terms) the two testicles that prepare the spermatozoa,12
Like their physical counterpart, the attributes of Netzach and Hod adapt the effusion of the concept.
שהיא הטפה הנמשכת מהמוח
i.e., the drop that issues from the brain.13
דהיינו, דבר חכמה ושכל הנמשך משכל האב, שלא יומשך כמו שהוא, שכל דק מאד במוחו ושכלו
That is, [they adapt] an intellectual subject deriving from the father’s mind in such a way that it will not issue unmodified, i.e., as a very subtle concept in his brain and intellect,
רק ישתנה קצת מדקות שכלו, ויתהווה שכל שאינו דק כל כך
but that it change somewhat from the subtlety of his intelligence and become a somewhat less subtle concept,
כדי שיוכל הבן לקבל במוחו והבנתו
so that the son will be able to absorb [it] in his mind and understanding.
והוא ממש על דרך משל כטפה היורדת מהמוח
This is truly analogous to the seminal drop which descends from the brain;
שהיא דקה מאד, ונעשית גסה וחומרית ממש בכליות ותרין ביעין
it is extremely tenuous, and, through the kidneys and the two testicles, it becomes truly concrete and corporeal.
This process parallels the progressive concretization of a concept, as it descends to match the capacity of the recipient.The Alter Rebbe now speaks of yet another function of the attributes of Netzach and Hod — separating a concept into its various components.
וגם נצח והוד נקראים שחקים ורחיים, ששוחקים מן לצדיקים
Netzach and Hod are also referred to as “grinders” and “millstones”, because they “grind the mannah for the righteous,”14 like the heaven which is named Shechakim (שחקים) for it “grinds (שוחקים) themannah for the righteous.”
כמו הטוחן חטים ברחיים, על דרך משל, שמפרר החטים לחלקים דקים מאד
Just as, by way of example, a person who grinds [wheat]15 with millstones crumbles it into very fine parts,
כך צריך האב להקטין השכל ודבר חכמה שרוצה להשפיע לבנו
so too does the father need to taper the insight or the intellectual subject he wishes to convey to his son,
ולחלקם לחלקים רבים, ולומר לו מעט מעט במועצות ודעת
and to divide them into many parts, relating [them] to him gradually, with devices and discernment.
Dividing a concept in this way so as to be able to determine what should be presented and what should be withheld is a contraction of the concept’s depth. Thus, Netzach and Hod serve to contract its length, breadth and depth — the concept in all its dimensions.
וגם בכלל בחינת נצח הוא לנצח ולעמוד נגד כל מונע ההשפעה והלימוד מבנו, מבית ומבחוץ
The category of Netzach also comprises prevailing16 and standing up against anything, from within or from without, that withholds from his son the transmission of beneficial influence or learning.
מבית, היינו: להתחזק נגד מדת הגבורה והצמצום שבאב עצמו
“From within” means firmly resisting the attribute of Gevurah and tzimtzum within the father himself,
שהיא מעוררת דינים ברצונו על בנו
for it arouses (within his will) contentions against his son,
לומר שאינו ראוי לכך עדיין
arguing that he is not yet fit for this [profound knowledge].
There now follows a parenthetical note in the text which states:
(בכתבי יד נרשם: חסר)
(A note in the manuscripts: Omission.)
I.e., according to some of the manuscripts which were compared to the previous printed editions of Iggeret HaKodesh when the current edition was being prepared for publication,17 there is an omission here in the text.The Rebbe notes that prevailing over influences “from without” is even more important to explain than prevailing over influences “from within.” The fact that this explanation is lacking points to an omission in the text.
In addition: According to the translation offered above that “The category of Netzach also comprises...,” there is nothing amiss in the Alter Rebbe’s failure to explain a corresponding aspect within Hod, for Hod comprises no such corresponding aspect. However, the translation may also be rendered: “In general, the category of Netzach also entails....” If this is indeed the proper rendition, then the question arises, why was there no corresponding statement as to the general function of Hod? Its absence likewise demonstrates that there is an omission in the text.
The Alter Rebbe now goes on to explain the attribute of Yesod.
ובחינת יסוד היא על דרך משל ההתקשרות, שמקשר האב שכלו בשכל בנו
The category of Yesod is, by way of example, the bond by which the father binds his intellect to the intellect of his son
בשעת למודו עמו באהבה ורצון, שרוצה שיבין בנו
while teaching him with love and willingness, for he wishes his son to understand.
ובלעדי זה, גם אם היה הבן שומע דבורים אלו עצמם מפי אביו שמדבר בעדו ולומד לעצמו
Without this [bond], even if the son would hear the very same words from the mouth of his father [18as he speaks and studies to himself],
לא היה מבין כל כך כמו עכשיו
he would not understand [them] as well as now,
שאביו מקשר שכלו אליו, ומדבר עמו פנים אל פנים באהבה וחשק, שחושק מאד שיבין בנו
when his father binds his intellect to him and speaks with him face to face19 with love and desire, because he desires very much that his son understand.
The father does not merely want to enlighten his son; his desire stemming from Yesod is powerful because it is driven by pleasure.
(בכתב יד קודש אדמו״ר בעל הצמח צדק, נשמתו עדן, בדרוש: כי ידעתיו, סעיף י״ג, שהועתק שם לשון זה ליתא תיבות אלו)
[20In the holy handwriting of the Tzemach Tzedek, of blessed memory, (in the discourse entitled Ki Yedaativ, sec. 13,21 where this passage is quoted,) the above words (“as he speaks and studies to himself”) are not to be found.]
The reason for this omission: Not only is there a difference between (a) what the son passively absorbs when he hears his father studying independently, and (b) what he absorbs when his father actively teaches him; but even when the father isactually teaching, the presence or absence of the quality of Yesod will determine whether or not his son’s mind will be ignited by the fire of his own desire to communicate.
וכל מה שהחשק והתענוג גדול, כך ההשפעה והלימוד גדול
And the greater the desire and delight of the father, the greater is the influence and the learning,22
שהבן יוכל לקבל יותר, והאב משפיע יותר
because then the son is able to absorb more and the father communicates more, proportionally.
כי על ידי החשק והתענוג, מתרבה ומתגדל שכלו בהרחבת הדעת, להשפיע וללמד לבנו
For through the desire and delight, and with a contented disposition, his own insight is heightened and amplified, so that he can bestow enlightenment upon his son and teach him.
וכמו, על דרך משל, בגשמיות ממש, רבוי הזרע הוא מרוב החשק והתענוג
(23This parallels, to draw a metaphor from [the attribute of Yesod in] the sphere of the truly physical, the profusion of spermatozoa that results from heightened desire and delight,
ועל ידי זה ממשיך הרבה מהמוח
through which much is elicited from the brain, which is its source.
ולכן המשילו חכמי האמת לזיווג גשמי, כמו שיתבאר
This is why the Kabbalists, seeking to illustrate the imparting of knowledge out of a sense of pleasure,used the analogy of a physical union, for there are a number of similarities between these two expressions of the attribute of Yesod, as will be explained.)24
והנה מדות אלו, הן בחינות חיצוניות שבנפש
Now, these emotive attributes — those involved in imparting enlightenment, and the like — are the external aspects of the soul.
ובתוכן מלובשות מדות פנימיות
Within them are vested the inner attributes, which bring about the external attributes involved in the actual imparting of knowledge,
שהן בחינות אהבה ויראה כו׳
i.e., the faculties of love and awe, and so on.
דהיינו, על דרך משל, באב המשפיע לבנו מחמת אהבתו
This may be compared to the case of a father who bestows enlightenment upon his son because of his love for him,
The internal aspect of the attribute involved is love and its external aspect is kindness.
ומונע השפעתו מפחדו ויראתו שלא יבא לידי מכשול, חס ושלום
and withholds his influence because of his dread and fear lest [his son] come to some downfall, heaven forfend.
The father’s fear and dread are thus the internal aspect of his Gevurah, the attribute that completely or partially witholds the flow of instruction.The remaining emotive attributes are all offshoots of love and fear (as explained in Part I, ch. 3, above), and accordingly they too possess internal and external aspects.
* * *
Having dealt with the middot, the seven emotive attributes of the soul, the Alter Rebbe now proceeds to discuss the intellective attributes which give birth to them.
ומקור ושרש מדות אלו, הפנימיות והחיצוניות
The source and root of these internal and external emotive attributes,
הוא מחב״ד שבנפשו
is the ChaBaD — an acronym for the intellectual faculties of Chochmah, Binah and Daat — of one’s soul,
כי לפי שכל האדם, כך הן מדותיו
for a person’s emotive traits are in proportion to his intellect.
כנראה בחוש, שהקטן, שהחב״ד שלו הן בבחינת קטנות, כך כל מדותיו הן בדברים קטני הערך
This is empirically evident; with a child, for example, whose ChaBaD are in a state of pettiness, all his emotive traits, too, relate to insignificant things, and as he matures in age and understanding, his emotive traits correspondingly aspire to worthier goals.
וגם בגדולים, לפי שכלו יהולל איש
With adults, too, the emotive traits develop in proportion to the intellect, for25 “According to his intelligence is a man praised.”
Since the term “man” (איש) is an appelative for the emotive traits (cf. the verse,26 “As is a man, so is his Gevurah”), the previously-quoted verse is teaching us that a person’s emotive traits are praiseworthy in proportion to the stature of hisChaBaD.
כי לפי רוב חכמתו, כך הוא רוב אהבתו וחסדו
For the extent of his love and kindness corresponds to the extent of his wisdom,
וכן שאר כל מדותיו פנימיות וחיצוניות, מקורן הוא מחב״ד שבו
and all his other internal and external traits likewise have their source in his ChaBaD.
והעיקר הוא הדעת שבו, הנמשך מבחינת החכמה ובינה שבו
Most important to the development of the spiritual emotions is one’s Daat, which derives from one’sChochmah and Binah.
A thinker first grasps the essence of a concept through the seminal flash of illumination afforded by his faculty of Chochmah; he next understands it fully by means of the analysis and amplification which are the function of his faculty of Binah; ultimately, he must immerse himself in concentration on the concept, binding and unifying himself with it to the point that — beyond mere intellective comprehension — he also senses and experiences it with his faculty of Daat.It is this faculty that is critical to the development of his middot, such as the spiritual emotions of love and awe of G‑d, for Daatprovides them with their substance and vitality, as explained in Part I, ch. 3.
כנראה בחוש, כי לפי שינוי דעות בני אדם זה מזה, כך הוא שינוי מדותיהם
This is readily observable, for the differences between the emotive traits of various people corresponds to the differences in their respective degrees of Daat.
| FOOTNOTES | |
| 1. | An alternative reading, which does not appear in the ms. versions: “It is known, in a general way,...” |
| 2. | The Alter Rebbe first deals with the seven middot, or emotive attributes, and towards the end of this letter proceeds to explain the three intellective attributes which give birth to them. (See the passage below that begins, “Having dealt with the middot....”) |
| 3. | In place of כלל (“altogether”), an alternative reading has כל עיקר, which is a more emphatic phrase. |
| 4. | The word לשון, which appears in the Hebrew text before רחמנות (“compassion”), is left untranslated for, as the Rebbe notes, it is evidently a superfluous interpolation. |
| 5. | The word לשון, which appears in the Hebrew text before רחמנות (“compassion”), is left untranslated for, as the Rebbe notes, it is evidently a superfluous interpolation. |
| 6. | Note of the Rebbe: “This is a departure from the usual explanation — that Chesed extends its benevolence even to an individual whom the attribute of compassion would disqualify (despite his need), or to an individual whom one should not pity.” |
| 7. | The corresponding Hebrew phrase, whose singular form is apparently anomalous, is rendered in the plural in one of the early editions of this letter (Lemberg, 1860). |
| 8. | An alternative reading, which does not appear in the ms. versions, interpolates the word בו after מעורבים; the meaning of the sentence is virtually unaffected. |
| 9. | Note of the Rebbe: “This is [the function of the attributes of] Malchut and Yesod, as will soon be explained.” |
| 10. | Mishlei 25:11. |
| 11. | Berachot 61a. |
| 12. | Zohar III, 296a. |
| 13. | Cf. Tanya, Part I, ch. 2. |
| 14. | Note of the Rebbe: “As above, conclusion of Shaar HaYichud VehaEmunah, quoting Chagigah 12b.” |
| 15. | Brackets are in the original text. |
| 16. | The Hebrew root of Netzach comprises three meanings — to prevail, to be enduring, to be victorious. |
| 17. | Note of the Rebbe: “As noted in the Introduction of R. Avraham Shu”b, the [previously] printed letters of Iggeret HaKodeshwere compared to copyists’ manuscripts (and not to the Alter Rebbe’s original letters).” |
| 18. | Brackets are in the original text. |
| 19. | Note of the Rebbe: “Though it is possible to understand the acronym פא״פ as meaning פה אל פה (‘mouth to mouth,’ i.e., without an intermediary; cf. Ibn Ezra on Parshat Behaalotcha 12:8), the phrase פנים אל ”פנים״ (‘face to face’) describes a higher level [of communication, and is therefore the preferred rendition], for here the Alter Rebbe is speaking of the highest qualities of Yesod, to the degree that the father ‘desires greatly.’ Moreover, it is specifically this phrase (‘face to face’) that is the antithesis of the contrasting situation described above, in which the father ‘speaks to himself.’” |
| 20. | Brackets are in the original text. |
| 21. | Printed in Or HaTorah, Vayeira 98b. |
| 22. | Note of the Rebbe: “Perhaps this should read גדל [with a kamatz and tzeirei, so that the sentence would mean, ‘And the more the desire and delight of the father grow, the more do the influence and the learning grow’], instead of גדול [with akamatz and cholam, as translated above].” |
| 23. | Parentheses are in the original text. |
| 24. | In his Hebrew annotations to the original Yiddish text of the present work, the Rebbe explains why the Alter Rebbe does not discuss the attribute of Malchut. The learned explanation, which hinges on the comparative dynamics of the variousSefirot, is not readily translatable. |
| 25. | Mishlei 12:8. |
| 26. | Shoftim 8:21. |
• Sefer Hamitzvos:
| Today's Mitzvah Thursday, Elul 19, 5775 · September 3, 2015 A daily digest of Maimonides’ classic work "Sefer Hamitzvot" Positive Commandment 245 Transactions "And if you sell something to your neighbor..."—Leviticus 25:14. We are commanded regarding the various methods that effect transactions, i.e., the ways to transfer property from one individual to another (or, in the case of a guardian of an object, the transfer of jurisdiction). | Transactions | Positive Commandment 245 | Translated by Berel Bell | The 245th mitzvah is that we are commanded regarding the laws of buying and selling, i.e. the ways in which purchases and sales between the buyers and the sellers become legally binding. | The Torah taught about one method in G‑d's statement1 (exalted be He), "When you sell something to your neighbor, [or buy something from your neighbor's hand...]" Our Sages said,2 "[The word 'hand' teaches that the sale] refers to something which can pass from one hand to another," i.e. meshichah [physically moving the object]. | It is explained that in Biblical law, transfer of money is sufficient to complete the transaction, and meshichah is necessary only by Rabbinic decree, as is mesirah [giving the vehicle of control, e.g. the reins of a horse, to the buyer] and hagba'ah [lifting the object]. | The Gemara3 explicitly says, "Just as our Sages enacted a requirement of meshichah in order for a sale to be valid, so too they required meshichah in order for a watchman relationship to become valid." It is therefore clear that the requirement of meshichah in buying and selling is of Rabbinic origin, as explained in the relevant place. | However, other methods of acquiring land, etc., i.e. by means of a document or chazakah4 are traced5 to Biblical verses [and are therefore of Biblical, not Rabbinic, origin]. | The details of this mitzvah — i.e. the manners of finalizing a sale in each category — are explained in the 1st chapter of tractate Kiddushin, the 4th and 8th chapters of Bava Metzia, and the 3rd, 4th, 5th, 6th, and 7th chapters of Bava Basra. | FOOTNOTES | 1. | Lev. 25:14. | 2. | Bava Metzia 47b. | 3. | Ibid., 99a. | 4. | Such as building something on the land. | 5. | See Kiddushin 26a. |
Issurei Biah - Chapter Four
Halacha 1
[A woman in] the niddah1 state is like all of the other arayot. A person who inserts his corona into her vaginal or anal orifice is liable for kerait. [This applies] even if she is a minor who is three years old, as applies with regard to other arayot.
For a woman can become impure as a niddah even on the day she is born.2And a girl who is ten days becomes impure because of zivah.3 This concept was communicated through the Oral Tradition. There is no difference between an adult and an a minor with regard to the impurity associated with nidah andzivah.
Halacha 2
[The prohibitions that apply] to one who has relations with a nidah apply throughout the seven days, even if blood was sighted only on the first day. [These same prohibitions] apply to one who has relations with a woman who gave birth to a male throughout the seven days [following birth], to one who has relations with a woman who gave birth to a female throughout the fourteen days [following birth], to one who has relations with a zavah through the time she bleeds and then counts [seven "clean" days].4 This applies also to a Canaanite maidservant and one who has been freed. All [of these relations] are punishable by kerait.
[The association is derived as follows:] With regard to a nidah, [Leviticus 15:19] states: "She will be in her niddah state for seven days." With regard to a zavah, [ibid.:25] states: "All the days of the flow of her impurity will be like the days of her niddah state."5 With regard to a woman who gave birth to a male,6 [ibid.12:2] states: "She will become impure as in the days of her nidah affliction." 7And with regard to a woman who gave birth to a female, [ibid. 12:5] states: "She will be impure as in her niddah state for two weeks."8
Halacha 3
When does the above - that the impurity is dependent on [the passage of] days - apply? When the woman immersed herself in the waters of a mikveh9 after these specifically mentioned days.10 If, however, a niddah, a zavah or a woman who gave birth did not immerse in a mikveh, a person is liable for kerait for having relations with one of them even several years afterwards. For the Torah made the matter dependent on [the passage of] days and immersion, as [Leviticus 15:18] states: "And they shall immerse themselves [in the water]...." This teaches a general principle with regard to any impure person: he is in a state of impurity until he [or she] immerses.
Halacha 4
The prohibitions against relations with a niddah, a zavah, and a woman after childbirth do not apply with regard to relations with gentile women.11 Our Sages decreed that all gentiles, male and female, would be considered like zavim at all times, whether or not they experienced such discharges,12 with regard to matters of purity and impurity.
Halacha 5
All blood manifest by a woman after childbirth during the 33 days associated with the birth of a male13 and the 66 days associated with the birth of a female14 is called blood of purity.15 It does not prevent a woman from [relations with] her husband. Instead, she immerses herself after seven days [of impurity] for a male and fourteen for a female. She may then engage in relations with her husband16 even though her blood flows.17
Halacha 6
All of those who must immerse themselves are required to immerse themselves during the day with the exception of a niddah and a woman after childbirth.18For with regard to a niddah, [Leviticus 15:19] states: "She will be in her niddahstate for seven days." Her niddah state prevails for all of the seven days.19 She immerses on the evening of the eighth day. Similarly, a woman who gives birth to a male child immerses on the evening of the eighth day, and one who gives birth to a female immerses on the evening of the fifteenth day, for a woman who gives birth is comparable to one in the niddah state, as we explained.20
Halacha 7
If she21 delayed the matter for many days and did not immerse herself, when she immerses herself, she should immerse only at night. For if she immerses during the day, an error [may be] made and another niddah may come and immerse herself on the seventh day.
Halacha 8
Halacha 9
Whenever a woman has a veset,24 her husband can assume that she is [ritually pure and] permitted until she tells him "I am impure" or she is established as aniddah in her neighborhood.25
If a woman's husband went overseas and left her ritually pure, when he comes he does not have to ask her [concerning her state]. Even if he finds her asleep, he may enter into relations with her26 as long as it is not the time when she is expected to menstruate.27 He need not suspect that perhaps she is a niddah. If he left her a niddah, she is forbidden to him until she tells him: "I am ritually pure."28
Halacha 10
When a woman tells her husband: "I am ritually impure," and afterwards she tells him: "I am ritually pure. Before I was just speaking facetiously with you," her word is not accepted.29 If she provides a rationale for her original statements, her word is accepted. 30
What is implied? Her husband asked her to engage in relations and his sister or his mother was together with her in the courtyard. She originally said she was impure. Afterwards, she said: "I am pure. I told you that I am impure only because of your sister or your mother; lest they see us." [In this instance,] her statement is accepted. Similar laws apply in all analogous situations.31
Halacha 11
When a man was in the midst of relations with a woman who had been ritually pure and she said: "I became impure," he should not separate himself immediately while he is erect. For withdrawing is as pleasurable for him as entry. If he withdraws while he is still erect, he is liable for kerait,32 like one who enters into relations with a niddah. This law also applies with regard to otherarayot.33
What should he do? Implant his toenails in the ground and wait without moving until he loses his erection.34 Afterwards, he should withdraw.
Halacha 12
It is forbidden for a person to engage in relations35 with his wife near the time she can expect menstruation to begin,36 lest she menstruate in the midst of relations. [This is alluded to by Leviticus 15:31]: "And you shall warn the children of Israel concerning their impurity."37
For how long [is it necessary to refrain from relations]? If [the woman] would ordinarily begin menstruating during the day, she is forbidden to enter into relations from the beginning of the day. If she would ordinarily begin menstruating during the night, she is forbidden to enter into relations from the beginning of the night.38
Halacha 13
If the time when menstruation could be expected to come passes and she did not begin menstruating, she is permitted to engage in relations after the time when menstruation was expected to begin passes.
What is implied? If she was accustomed to begin menstruating after six hours of the day passed. She is forbidden to engage in relations from the beginning of the day. If six hours pass without her beginning to menstruate, she is forbidden to engage in relations until the evening. 39 Similarly, if she was accustomed to begin menstruating after six hours of the night and that time passed without her beginning to menstruate, she is forbidden to engage in relations until sunrise.
Halacha 14
It is the habit of Jewish men and women to carry out a personal inspection after relations.40 What is implied? The man should clean himself with a cloth prepared for [this purpose] and the woman should clean herself with a cloth prepared for [this purpose]. [The purpose of these inspections is] to see whether the woman menstruated in the midst of relations. The man may allow the woman to check with his cloth. Since her word is accepted with regard to her [cloth], it is also accepted with regard to his.
Halacha 15
Halacha 16
Modest women do not engage in relations until they carry out an inspection beforehand.44 A woman who does not have a [fixed] veset is forbidden to engage in relations until she carries out an inspection.45 Therefore, she engages in relation with two edim, one for before relations and one for afterwards. When, however, a woman has a [fixed] veset, she need not use aned before relations except as a measure of modesty.
Halacha 17
When a man engages in intercourse several times [in one night], [he and his wife] do not have to check their two edim after each time they engage in intercourse. Instead, he should clean himself with his ed, she should clean herself with her ed after each time they have relations that entire night. In the morning, they should check the edim. If blood is discovered on her ed or on hised, she is impure.
If a women engaged in relations, cleaned herself, and then the ed was lost, she should not engage in relations again until she makes an internal inspection with another ed first. [We fear that] perhaps there was blood on the ed that was lost.50
Halacha 18
[The following rules apply if] she placed the ed51 under a pillow or a bolster and blood was discovered upon it. If [the stain] is extended, she is impure. For we can assume that [the stain] came from the cleaning.52 If it is rounded,53 she is pure. [We assume that the stain] came only from the blood of a louse which was killed under the pillow.54
Halacha 19
[When a woman] cleaned herself with an ed that has been checked, then touched it to her thigh,55 and on the next day discovered blood upon it, she is impure. We do not say: Maybe a louse was killed when she touched it to her thigh.56
[The following rules apply if] she cleaned herself with an ed that was not checked57 and she did not know whether it had blood on it before she cleaned herself with it or not. If there was more than a gris of blood [on it], she is [considered] a niddah.58 If the stain was less than that, she is pure. [We assume that the stain] came from a louse.
Halacha 20
When a woman suffers vaginal bleeding in the midst of relations,59she is permitted to engage in relations again a second time once she becomes pure.60 If she suffers vaginal bleeding [in the midst of relations] a second time, she is permitted to engage in relations a third time. If she suffers vaginal bleeding [in the midst of relations] a third time,61 she is forbidden to ever enter into relations again with this husband.62
When does the above apply? When there was no other factor that [the bleeding] could be attributed to.63 If, however, they entered into relations close to the time when she was expected to menstruate,64 we attribute [the bleeding] to her ordinary pattern. If she had a wound [in her vaginal area], we attribute [the bleeding] to the wound. If, however, the blood that comes from the wound is a different shade than the blood which she sees in the midst of relations, she may not attribute [the bleeding] to the wound.65
We accept the word of a woman when she says: "If have a wound in the uterus which bleeds."66 On this basis, she is permitted to her husband even though the uterus bleeds in the midst of relations.
Halacha 21
When a woman bled in the midst of relations on three [successive] occasions and there was no outside factor to which to attribute [the bleeding], she is required to divorce. She may, however, marry a second husband.67 If she married a second time and bled in the midst of relations on three [successive] occasions, she is required to divorce, but she may marry a third man. If, however, she married a third time and bled in the midst of relations on three [successive] occasions, she is required to divorce and she may not marry again68 until she is healed from this sickness.
Halacha 22
How does a woman check herself to see whether she has been healed from this sickness?69 She brings a lead tube with its edge doubled over inside of it.70She inserts the tube into her vagina until the place it can reach. She then places a shaft within the tube with a cotton swab placed at its top. She pushes [the shaft] until the swab reaches the opening of the uterus and then takes out the swab. If blood is found on the top of swab, it can be assumed that the blood discovered in the midst of relations comes from the uterus.71 If there was no blood on the swab, it can be assumed that the blood discovered [in the midst of relations] comes from pressure on the sides of the vaginal channel.72 She is pure and may marry another man, as stated in Hilchot Ishut.73
| FOOTNOTES | |
| 1. |
As will be explained, the term niddah refers to a woman who suffers vaginal bleeding at the expected time of her monthly period.
|
| 2. |
Although a woman usually does not begin menstrual bleeding until around the age of twelve. If, however, she does have menstrual bleeding before then, she is bound by the halachic consequences.
|
| 3. |
For if a woman bleeds for three consecutive days after the seven days associated with her menstrual period, she is considered as a zavah. The first three days this is possible is the eighth, ninth, and tenth days of her life.
Altough she can become impure from the day of her birth onward, punishment is not allotted for relations with her until she becomes three. For only at that age are relations with her significant, as stated in Chapter 1, Halachah 13.
|
| 4. |
See Chapter 6, Halachah 8.
|
| 5. |
Thus establishing an association between the two.
|
| 6. |
See Chapter 10.
|
| 7. |
See Chapter 6, Halachah 8.
|
| 8. |
See Chapter 6, Halachah 8.
|
| 9. |
A ritual bath that meets the qualifications for this purpose. If she immersed herself in an ordinary bath, by contrast, that is not acceptable as explained in Hilchot Mikveot.
|
| 10. |
If a niddah immerses herself in the middle of these days, however, the immersion is of no consequence.
|
| 11. |
Although relations with gentile women are forbidden, none of these particular transgressions apply according to Scriptural Law. For all the defined states of ritual purity and impurity apply only with regard to the Jewish people. The fact that a gentile woman experiences the same physical conditions is not of consequence.
|
| 12. |
I.e., this was a decree imposed to prevent intimate contact with them, regardless of their physical condition. See Hilchot Mitam'ei Mishkav UMoshav 2:10.
|
| 13. |
As the Torah relates (Leviticus 12:2-4), after the birth of a male child a woman becomes impure for seven days. Afterwards, she immerses herself to regain ritual purity. For the next 33 days, even if she suffers uterine bleeding, her state does not change and she remains ritually pure.
|
| 14. |
As ibid.:5 states, similar concepts apply after a woman gives birth to a female except that she originally becomes impure for 14 days. Afterwards, she remains pure for 66 days.
|
| 15. |
Niddah 36a relates that there is one source of bleeding - the womb - for all 40 (or 80) days. It is just that during the first 7 (14), the Torah rules that this blood is impure and during the final 33 (66), the Torah rules that the blood is pure.
|
| 16. |
The Kessef Mishneh cites Chapter 7, Halachah 7, which states that the above applies only when a woman is not impure because of zavah bleeding before childbirth. If she is impure for such reasons, she must count seven "clean" days before she immerses herself and engages in relations with her husband.
Also, as will be explained (see Chapter 11, Halachot 5-6), at present the custom is not to observe the concept of blood of purity at all. Even if a woman gives birth, she must wait "seven clean days" after seeing any uterine bleeding.
|
| 17. |
I.e., she suffers uterine bleeding which would otherwise render her ritually impure.
|
| 18. |
At present when we do not make any distinctions between niddah and zivah, all women immerse themselves at night.
|
| 19. |
She cannot terminate the last day earlier by immersing herself in the daytime.
|
| 20. |
In Halachah 2.
|
| 21. |
A niddah or a woman after childbirth.
|
| 22. |
Although such problems are uncommon today, there are several examples - e.g., woman living in new settlements in Israel's West Bank - where these principles are relevant.
|
| 23. |
She should not, however, immerse herself on the seventh day even if she refrains from engaging in relations until nightfall [Shulchan Aruch (Yoreh De'ah 197:4)].
|
| 24. |
A fixed time when the onset of menstruation can be expected to begin, as will be explained. Since she has a fixed time when menstruation is expected, at other times, we assume that she remains ritually pure. If she does not have a fixed time when menstruation can be expected to begin, her husband must ask her concerning her state. He cannot make any assumptions (Maggid Mishneh,Kessef Mishneh).
|
| 25. |
By wearing clothes designated to be worn at this time.
|
| 26. |
Without inquiring about her ritual state.
|
| 27. |
Even if there was ample time for her to have become impure due to menstruation, to wait the appointed time, and then to immerse herself, he may assume that she did that. Since she was pure when he left her, we may assume that all of the above transpired [Shulchan Aruch (Yoreh De'ah 184:11)].
|
| 28. |
Since he knows that she was ritually impure, he cannot assume that she changed her status. Instead, she must explicitly inform him of that change [Shulchan Aruch (Yoreh De'ah 185:1)].
|
| 29. |
And he must consider her as if she is actually ritually impure.
The Rama (Yoreh De'ah 185:3) states that if she corrects her statements immediately, her word is accepted.
|
| 30. |
The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 185:4) state that if she performed an act that indicated that she was impure, e.g., she wore the clothes that she wears in the niddahstate, providing a valid explanation is not sufficient to clear the suspicions and she is considered impure.
|
| 31. |
E.g., "I originally made a mistake. I thought I was impure according to law and discovered that in fact I was pure," "I did not have strength to engage in relations and avoided them by giving this excuse" (Hagahot Maimoniot).
|
| 32. |
The Ramah (Yoreh De'ah 185:5) states that if a person withdraws while erect because he is unfamiliar with the transgression involved, he should fast for 40 days to seek atonement. These fasts need not be consecutive. He should also give generously to charity.
|
| 33. |
I.e., if a person realized his transgression while involved in relations with other arayot, he should not withdraw while erect.
|
| 34. |
The Rama (loc. cit.) adds that he should be overcome with awe concerning the transgression which he faces.
|
| 35. |
The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 184:2) state that it is only necessary to refrain from relations, other expressions of closeness are permitted. Even hugging and kissing are permitted (Siftei Cohen 184:6). This, however, represents the mere letter of the law. There are many authorities who are more stringent and forbid these expressions of closeness (ibid., Turei Zahav 184:3). In some communities, the custom is to observe all stringencies as if the woman was actually a niddah.
|
| 36. |
See ch. 8, which elaborates on this subject, speaking about situation when women have a fixedveset or a veset that has not been firmly established.
|
| 37. |
The entire concept of vesetot, calculating the expected time when a woman will begin menstruating is a Rabbinic injunction. Hence the citation of a Scriptural verse is merely anasmachta, a support, and not a direct Scriptural command (Maggid Mishneh).
|
| 38. |
The Siftei Cohen 184:7 states that this applies only when a woman is accustomed to begin menstruating at a given time during the day or night. If, however, she does not have a fixed time when she begins menstruating, relations are also forbidden during the preceding day or night. This stringency is not, however, accepted by all authorities.
|
| 39. |
During the evening, however, she is permitted. Before entering into relations, the woman should carry out an internal examination to verify that she in fact did not begin menstruation [Tur, Rama (Yoreh De'ah 184:9)].
|
| 40. |
This ruling is mentioned by the Shulchan Aruch (Yoreh De'ah 186:1) as a minority perspective. The prevailing view is that when a woman possesses a fixed veset, she and her husband need not carry out such inspections at all. If she does not possess a fixed veset, she and her husband should carry out these inspections before and after the first three times they engage in relations. If no blood is discovered, it is established that sexual relations does not cause the woman to menstruate. Hence, in the future, the couple can engage in relations without making these inspections.
|
| 41. |
Since they are worn-out, they are soft and pliable. It is possible for the woman to insert them into all the corners of the vagina.
|
| 42. |
In this way, any speck of blood will be noticeable. Needless to say, they must also be clean. Today, in many Jewish communities, special clothes are prepared for this purpose - and other inspections which a woman must undergo - and are available from the local mikveh and at times, even in pharmacies.
|
| 43. |
Cotton may also be used [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 196:6)].
|
| 44. |
As the Rambam continues to explain, this applies even if she has a fixed veset.
|
| 45. |
The Ra'avad and Rav Moshe Cohen object to the Rambam's ruling, explaining that the Rambam's source, Niddah 11b, applies only with regard to the laws of ritual purity and not with regard to relations with one's husband. Indeed, the Rambam himself appears to have equivocated back and forth concerning the issue. In the first draft (which is the standard printed text) of his Commentary to the Mishnah (Niddah 1:7), he follows the position advanced by the Ra'avad. It is only in theMishneh Torah and the final text of the Commentary to the Mishneh (see Rav Kappach's translation) that he changes his mind.
Although the Shulchan Aruch (Yoreh De'ah 186:2) quotes the Rambam's ruling here as a minority view, the prevailing opinion is that such an inspection is unnecessary. Moreover, a woman should not carry out such an inspection in the presence of her husband, lest he think that she became impure.
|
| 46. |
All these four types of women are unlikely to menstruate. Nevertheless, they must take the precaution suggested by the Rambam.
|
| 47. |
Who will suffer hymeneal bleeding after the first (or more) occasions of intercourse. See Chapter 5, Halachah 19.
|
| 48. |
I.e., a woman after childbirth, as described in Halachah 5.
|
| 49. |
Thus checking to see whether or not she is bleeding will serve no purpose. This bleeding does not, however, render her ritually impure or forbidden to her husband according to Scriptural Law.
|
| 50. |
If, however, the ed is clean, we assume that the ed she used at night had also been clean.
|
| 51. |
This is speaking about an ed that was known to be clean beforehand (Maggid Mishneh).
|
| 52. |
Since the stain is extended, we assume that the woman had touched a source of bleeding. As she moved the ed, the stain became extended.
|
| 53. |
The Shulchan Aruch (Yoreh De'ah 190:34) states that this applies only when the stain is smaller than a gris (see Chapter 9, Halachah 6). If it is larger than that measure, we do not assume that it comes from a louse, because it is unlikely that a louse will produce that much blood.
|
| 54. |
This applies even if there is no trace of the body of the louse. We assume that when she put the ed under the pillow, she killed the louse and that produced a rounded stain. If she placed the ed in a box or in any place where a louse is unlikely to be found, she is considered as impure even if the stain is round (Maggid Mishneh).
|
| 55. |
And afterwards, placed it in a safe place.
|
| 56. |
For the likelihood of her suffering vaginal bleeding is greater than that of her killing a louse when touching the eid to her thigh. The Maggid Mishneh interprets the Rambam's ruling as applying even if the stain is round. He notes that other authorities differ and apply the principles stated in the previous law. The Shulchan Aruch (Yoreh De'ah 190:35) quotes both opinions without stating which to follow.
|
| 57. |
This refers to an ed which we do not know whether it was dirty or not. If, however, we know that the ed was dirty, she is not considered impure even if a large stain is found [Rama (Yoreh De'ah190:36)].
|
| 58. |
When a stain is larger than a gris, we assume that it will not have come from a louse.
|
| 59. |
The Shulchan Aruch (Yoreh De'ah 187:1) emphasizes that these laws apply only when the bleeding is noticed directly after intercourse. If there is an interval before she discovers the bleeding, these laws do not apply.
|
| 60. |
For an occurrence that takes place once or twice is not usually considered to establish a recurrent pattern.
|
| 61. |
I.e., on three consecutive occasions without there being an occasion where relations did not lead to vaginal bleeding in the interim (Siftei Cohen 187:3).
|
| 62. |
Instead, she must be divorced. She may, however, remarry as stated in the following halachah.
The reason she is required to divorce is that the recurrence of a factor three times establishes achazzakah, a presumption that this factor will continue to recur in the future. Thus if she began bleeding on three successive occasions in the midst of relations with her husband, we assume that she will continue to do so in the future. Since she suffered vaginal bleeding in the midst of intercourse, those relations are considered as involving a severe transgression. On the first three occasions, she and her husband are not held responsible for this is obviously a deviation from the norm. If, however, a pattern is established, this is considered the norm and if she would bleed in the midst of relations in the future, the transgression would be considered as willful. To prevent that from happening, we require divorce.
It must be emphasized that all this applies after the woman has ceased hymeneal bleeding. It is, however, possible for her to engage in relations several times at the beginning of her marriage and continue hymeneal bleeding. See the conclusion of Chapter 5.
|
| 63. |
And thus, it is assumed that the relations are the cause of the vaginal bleeding.
|
| 64. |
Note the Siftei Cohen 187:16 who offers several resolutions how this is possible despite the prohibition mentioned in Halachah 12.
|
| 65. |
Unless we know that the shades of blood are different, we assume that they are the same and attribute the bleeding to the wound (Maggid Mishneh; Siftei Cohen 187:19).
|
| 66. |
Note the Rama (Yoreh De'ah 187:5) who emphasizes the importance of adding the words "which bleeds."
|
| 67. |
For we accept the possibility that the difficulty was particular to her first husband and would not affect her relations with other men.
|
| 68. |
Since the same condition recurred with three different men, a chazzakah is established and we assume that it will recur with all men.
|
| 69. |
She may check herself in this manner at any time in the process, even before being divorced by her first husband [Maggid Mishneh; see Shulchan Aruch (Yoreh De'ah 187:3)].
|
| 70. |
So that it will be smooth and will not scratch her.
|
| 71. |
For the swab was touched to the uterus without contact with any other part of the body.
|
| 72. |
And such bleeding does not render her impure.
Without minimizing the effectiveness of this method of checking devised by the Rabbis of the Talmud, today there are more effective medical tools available and it is possible to ascertain the source of a woman's bleeding in that manner. A careful inspection by a doctor or nurse under the guidance of a Rav may - and should - be employed as soon as such problems occur.
|
| 73. |
Hilchot Ishut 25:8. The Rambam is implying that she cannot remarry her third husband. In Hilchot Ishut, he explains that when a man divorces a woman for this reason, the husband must know he may never remarry her, for otherwise it would be as if he gave the divorce conditionally. If she becomes healed, it would not be effective.
|
Mechirah - Chapter One
'In the name of the Lord, eternal God'
"The beginning of wisdom: Acquire wisdom; with all your resources, gain understanding" (Proverbs 4:7)
THE TWELFTH BOOK
SEFER KINYAN The Book of Acquisition
This book contains five halachot, which are arranged in the following order:
Hilchot Mechirah - The Laws of Selling
Hilchot Zechiyah UMatanah - The Laws of Acquisition and Gifts
Hilchot Sh'chenim - The Laws Governing Relations Between Neighbors
Hilchot Sh'luchin V'Shutafin - The Laws Governing Relations with Agents
and Partners
Hilchot Avadim - The Laws Governing Servants
Halacha 1
An article is not acquired merely through a verbal agreement. This applies even when witnesses testify that the principals have reached an agreement.
What is implied? A person says: "I am selling you this house," "I am selling you this wine," or "I am selling you this servant," and a price is fixed. The purchaser agrees and says: "I have purchased it," the seller says: "I have sold it," and they tell witnesses: "Serve as witnesses that so and so has sold and so and so has purchased", their words are of no consequence. It is as if they had never spoken to each other at all. The same applies with regard to a person who gives a gift and its recipient.
Halacha 2
If, however, the purchase is completed through one of the media by which property is transferred, the purchaser acquires the object. There is no need for witnesses; neither the seller or the purchaser may retract.
Halacha 3
How is an acquisition made? Landed property can be acquired in one of three ways: a) through the transfer of money, b) through the transfer of a deed of sale, or c) through chazakah (manifesting one's ownership).
Halacha 4
How is property acquired through the transfer of money? If one person sold another person a house or a field, and the purchaser gave him the money agreed upon, he acquires it. When does the above apply? In a place where it is not customary to write a deed of sale. In a place where it is customary to write a deed of sale, however, the purchaser does not acquire the property until a deed is composed.
Landed property cannot be acquired for less than a p'rutah's worth.
Halacha 5
If the purchaser makes the following stipulation: "If I desire, I will acquire it through the transfer of money, or if I desire I will acquire it through the transfer of a deed of sale," and gives money on the basis of this stipulation, it is established as a binding condition. Once the money has been paid, the seller cannot retract, because of the stipulation. The purchaser can, however, retract until the deed of sale is written.
Similar laws apply if the seller makes such a condition.
Halacha 6
When a person tells a colleague: "Give so and so a maneh and you will acquire my house," once the colleague makes the payment, he acquires the house. This is an extension of the laws applying to a guarantor.
Halacha 7
How is property acquired through the transfer of a deed of sale? The seller writes for the purchaser on a piece of paper, on a shard or on a leaf. "My field is given to you," or "My field is sold to you." Once the deed reaches the purchaser's hand, he acquires the field, even though there are no witnesses at all, and despite the fact that the document itself is of no financial value. When does the above apply? When a person sells his field because it is undesirable. With regard to other landed property, by contrast, even though the deed of sale reaches the purchaser's hand and is signed by witnesses, the purchaser does not acquire the property until he pays its price.
Halacha 8
How is property acquired through the manifestation of ownership? If a person sold a colleague a house or a field or gave him such properties as a gift, the purchaser or the recipient acquires the property when he locks the entrance to the property, encloses the property with even the slightest portion of a fence or breaks through even the slightest portion of one of the walls surrounding the property, provided his deeds bring him benefit.
When does the above apply? When the person manifests his ownership in the presence of the seller or the one who gives the gift. If, however, he does so outside the presence of the seller or the one who gives the gift, the seller or the giver must tell him: "Go, manifest possession over it and acquire it." If this statement is made, and afterwards the purchaser or the recipient manifests possession, he acquires the property even if he acts outside the presence of the previous owner.
Halacha 9
When a person sells a house to a colleague and gives him the key, it is as if he told him: "Go, manifest possession over it and acquire it." Similarly, if a person sells a colleague a cistern, once he gives him its bucket it is as if he told him: "Go, manifest possession over it and acquire it." When he manifests his possession, he acquires it.
Halacha 10
What is meant by saying that one who locks a property acquires it? For example, when a person sells a house or a courtyard whose entrance was open, and the purchaser locked the entrance and then opened it; the purchaser is considered to have acquired it, for he used it in a way that brings benefit.'
Halacha 11
What is meant by saying that one who encloses the property with even the slightest portion of a fence acquires it? For example, there was a fence that people could climb over easily, and the purchaser added a small portion to its height, making it ten handbreadths high thus causing it to be difficult to climb over. His deeds are of benefit and he acquires the property.
Similarly, if there was an opening in the fence that allowed people to enter only with difficulty, and the purchaser widened it even slightly, allowing people to enter easily, his deeds are of benefit and he acquires the property.
Halacha 12
If the purchaser placed down a rock in a way that causes benefit - e.g., he completed an irrigation channel that brought water to the field - or he removed a rock in a way that causes benefit - e.g., he opened a dammed irrigation ditch and let water flow into the field - he acquires it. The same applies in all analogous situations.
Halacha 13
The following rules apply when a person sells a colleague a field that is located next to one of that colleague's fields, or gives him such a field as a gift. Once the colleague breaks down the partition that separates the two fields from each other and makes them one large field, he acquires it.
If, however, he merely walks the length and breadth of the new property, this walking serves no benefit and it therefore does not serve as a manifestation of his ownership. When he sells him a path for vineyards, however, the purchaser does acquire it by walking, for that is its purpose.
Halacha 14
How wide is the path that a person acquires by walking? If it is defined by barriers, he acquires an area at least large enough to enable him to lift one foot up and place the other next to it. If it is not defined by barriers, he acquires a width sufficient to allow him to walk carrying a package of twigs on his head and turn around with it.
Halacha 15
If the property being sold is a rocky patch that cannot be enclosed with a fence and an entrance, nor can it be sowed, the way in which a person manifests his ownership and acquires it is to spread produce upon it, to have an animal stand there, or to use it in another way.
Halacha 16
When a person sells a field to a colleague, and the colleague enters and sows it, plows it and leaves it fallow, collects its produce, prunes it or the like, he acquires it, for he has manifested his ownership. Neither of them may retract.
Similarly, if the seller collects a basket of produce and gives it to the purchaser, the purchaser acquires the field. This is considered manifestation of ownership, for the seller revealed his intent of transferring ownership of the field to the purchaser in an outright way, so that its produce would be his.
Halacha 17
A gentile cannot acquire property by manifesting his ownership over it. He can acquire a property only through the transfer of a legal documentafter money has been paid. A Jew who comes on account of a gentile is considered like a gentile and can acquire property only through the transfer of a legal document.
Any entity that is attached to landed property is considered like landed property and can be acquired through the transfer of money, the transfer of a deed of sale or through chazakah.
If, however, the produce no longer needs the nurture of the land - e.g., grapes that are ready to be picked - it is considered movable property with regard to the laws of acquisition. And like movable property, the laws of deception apply with regard to their sale.
Halacha 18
Just as landed property itself is acquired through the transfer of money, the transfer of a deed of sale or chazakah, so too, the rental of land is finalized through the transfer of money alone, the transfer of a deed of sale alone, orchazakah, and neither party can retract. 19. When a person sells a colleague ten fields in ten different countries, the purchaser acquires them all by manifesting his ownership over one of them. Even if one of the fields was located on a high mountain and another in a valley - and thus the manner in which one is tilled differs from the other -nevertheless, by manifesting his ownership over one of them, the purchaser acquires them all.
Halacha 20
When does the above apply? When he pays for all of them. If, however, he does not pay for all of them, he acquires only a measure of property equal to the money that he pays. Therefore, if all the fields were given as a gift, he acquires them all.
Similarly, with regard to the rental of landed property, if a person manifests ownership over one of the properties he is renting, he acquires them all for the entire duration of the rental period.'
If a person is purchasing some properties and renting others, once he manifests his ownership over one property, whether that property be purchased or rented, he acquires them all.
Mechirah - Chapter Two
Halacha 1
A Canaanite servant is considered as landed property with regard to the laws of acquisition, and can be acquired through the transfer of money and a deed of sale, or through chazakah?
Halacha 2
What manifestation of ownership is effective in acquiring a servant? Making use of him as one makes use of a servant in the presence of his previous master.
What is implied? If the servant unties his new master's shoe, puts on his shoe, carries his articles to the bathhouse, undresses him, anoints him, combs his skin, dresses him or lifts him up, the master acquires the servant.
Similarly, if the master lifts up the servant, he acquires him.
Halacha 3
If the new owner pushes the servant and brings him close to him, he acquires him, for a Canaanite servant can be acquired through meshichah in this manner. If, however, he called the servant and he came to him, or the servant's previous owner told him to go to the purchaser, and he followed those instructions, the new owner does not acquire himuntil he pushes him or until he makes use of him in the manner described above.
If the new owner manifests his ownership over the servant outside the presence of the previous owner, the previous owner must tell him: "Go, manifest your ownership and acquire him" for the kinyan to be effective. 4. A servant below the age of majority is considered like an animal and can be acquired through both the processes by which an animal is acquired and those by which servants are acquired. Therefore, he can be acquired by meshichah even though the new owner did not push him.
Halacha 5
Livestock, whether light or heavy, can be acquired through meshichah. When lifting an animal is possible, it need not be lifted, because it may receive a blow when placed back on the earth. If a person lifts it up, he acquires it.
Lifting up an object serves as a kinyan in all places, while meshichah is effective as a kinyan only in a corner off the public domain, or in a courtyard whose ownership the buyer and the seller both share. Meshichah is not effective as akinyan in the public domain or in a courtyard whose ownership is not shared by both the seller and the purchaser.
Halacha 6
How is an animal acquired through meshichah? Needless to say, the transaction is completed if the purchaser pulls the animal and it walks after him, or he rides upon it and causes it to walk. The transaction is effective even if he calls it and it comes, or he swats it with a stick and causes it to run. When the animal lifts both a forefoot and a hind foot, the purchaser acquires it.
The above applies provided the purchaser performs meshichah in the presence of the previous owner. If he performs meshichah outside the presence of the previous owner, that person must tell the purchaser before he performsmeshichah, "Go, perform meshichah and acquire it."
Halacha 7
When a person sells a herd to a colleague or gives it to him as a gift, if he gives him the mashkuchit - i.e., the animal that leads the herd, that all the others follow - he does not have to tell him, "Perform meshichah and acquire it." For giving him this animal is tantamount to saying: "Go, perform meshichah and acquire it." Thus, once the purchaser or the recipient performs meshichah with the herd, he acquires it, even if he performs meshichah outside the presence of the previous owner.
Halacha 8
When a person tells a purchaser or a recipient of a gift: "Perform meshichahover an animal and then you will acquire it," or "Perform chazakah over property and then you will acquire it," he does not acquire it if he performsmeshichah or chazakah. For the expression "you will acquire it" is in the future tense and implies that he has not transferred ownership to him yet.
Instead, the seller or the giver of the gift must say: "Go, perform chazakah and acquire it," "Go, perform meshichah and acquire it," or the like, using an expression that implies that he will acquire it at the time he performs meshichahor chazakah.
Halacha 9
When a person tells a colleague: "Perform meshichah with an animal and you will acquire it after 30 days," and he performs meshichah, he does not acquire it.
If he told him "...acquire it now and after 30 days," he acquires it, even if it is standing in a swamp on the thirtieth day. For this resembles a situation in which an acquisition was made in the present, conditional on a stipulation, in which instance, when the stipulation is met, the transaction becomes effective.
Whenever a person uses the expression "with the intent that...," it is as if he said that the transaction would take effect from the present.
Halacha 10
The following rules apply when a person sells an animal to a purchaser or gives it as a gift and tells the purchaser or the recipient: "Acquire it in the manner in which people normally acquire it." If he performs meshichah or hagbahah, he acquires it. If, however, he rides upon it a distinction is made: If this is done in the field, he acquires it. If it is done in the city, he does not acquire it, for it is not common for people to ride in a city.
For this reason, if the purchaser or recipient is an important person - who is accustomed to riding in a city, a very base person - who is not concerned about riding through the city, e.g., a person who raises animals or servants, or a woman, or if the animal is in the public domain where many walk, it can be acquired by riding, provided the rider causes the animal to proceed.
Mechirah - Chapter Three
Halacha 1
According to Scriptural Law, both livestock and other movable property are acquired by the payment of money. Once the purchaser pays money, neither he nor the seller can retract. Our Sages, however, ordained that movable property should be acquired only through lifting up the article(hagbahah) or pulling (meshichah) an article that is not commonly lifted up.
Halacha 2
What is implied? When a person gathers together a heavy load of wood, flax or the like that cannot be lifted up, this load cannot be acquired throughmeshichah, for it can be unbound, and each individual piece of wood can be lifted up. The same principle applies in other similar situations.
In contrast, a large load of nuts, peppers, almonds or the like that no one person could lift up, can be acquired through meshichah. For if one untied the load and separated it, lifting each individual item would involve great difficulty. The same principle applies in other similar situations.
Halacha 3
With regard to a ship: since it is impossible to lift it up, and it is very difficult to pull it - this is possible only when many are involved - our Sages did not requiremeshichah. Rather, they ruled that it can be acquired through being handed over (mesirah). The same principles apply in all similar situations.
If the seller tells the purchaser, "Go, perform meshichah and acquire the ship," the ship cannot be acquired until one pulls it after oneself, shifting its position entirely, moving it from the place where it had been resting. For the seller had specified that it be acquired solely through meshichah.
Halacha 4
From the above, one may conclude that a person who purchases movable property may retract, even though he has paid for his purchase. Similarly, the seller can retract until the purchaser lifts up the object of sale or performsmeshichah on an article that is not usually lifted up, or the seller gives the purchaser an article that is not usually pulled.
When, however, the purchaser lifts up the object of sale, performs meshichahon an article that is not usually lifted up, or is given an article that is that is not usually pulled, he acquires it. Neither party can retract, and the purchaser is compelled to pay if he has not done so already.
Halacha 5
Why did our Sages make such an ordinance with regard to movable property? This is a decree, enacted lest a purchaser pay for an article and before he takes possession of it, it be destroyed by factors beyond his control - e.g., a fire breaks out and burns it, or thieves come and take it. If the article is considered as in the possession of the purchaser, the seller may hesitate and not endeavor to save it.
For this reason, our Sages ordained that the article remain within the possession of the seller, so that he will attempt to save it. For if it is destroyed, he is obligated to pay.
Halacha 6
Thus, if a purchaser paid for an article and it was destroyed by forces beyond his control before he took it, the purchaser may tell the seller: "Give me the article I purchased or return my money." Even though there are witnesses who saw that the article was destroyed by forces beyond control, the seller could not save it, and he was not lazy regarding the matter, the seller must return the money. For our Sages ordained that a kinyan is finalized through meshichah.
For this reason, if the purchaser owned the house in which the article that was sold was held, and he was renting it to the seller, our Sages did not ordain that the article must be acquired through meshichah. For the article that was sold is in the domain of the purchaser. In this instance, once he pays the money, the sale is concluded, and neither can retract.
Halacha 7
Similarly, if a person rented the place where the movable property that was sold was stored, he acquires the movable property, and neither can retract, even though he did not lift up the object of sale, perform meshichah on it or have it given him. For the object has entered his domain. As we have already explained, the rental of landed property is finalized through the transfer of money, the transfer of a rental contract or through chazakah.
Halacha 8
When a person transfers ownership of landed property and movable property simultaneously, once the purchaser or the recipient acquires the landed property through the transfer of money, the transfer of a deed of sale or through a chazakah, he acquires the movable property together with it.
This applies whether he sold both types of property, gave them both as gifts, sold the movable property and gave the landed property as a gift or sold the landed property and gave the movable property as a gift. When the purchaser or the recipient acquires the landed property, he acquires the movable property.
Halacha 9
When does the above apply? When the movable property was collected within the landed property. If, however, it was in another place, it is necessary for the seller to tell the purchaser: "Acquire the movable property by virtue of your acquisition of the immovable property."
Even when the movable property is in another country, and the seller tells the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," once the purchaser acquires the landed property, he acquires the movable property together with it, even though the movable property was not collected within the landed property.
If the seller did not tell the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," the purchaser does not acquire the movable property.
Even the smallest amount of landed property is sufficient to be used to acquire any movable property one desires by virtue of its acquisition.
Halacha 10
Different rules apply when a person transfers ownership of a field to one person and movable property to another person, even though he tells the latter: "Acquire the movable property by virtue of your colleague's acquisition of this landed property."
Although the recipient manifests ownership over the landed property, the other does not acquire the movable property. If, however, this person seizes possession of it after the seller desires to retract, it should not be removed from his possession, for he took possession of it after his colleague acquired the landed property by virtue of whose acquisition this movable property was to be acquired.
Halacha 11
When a person desires to transfer ownership over servants and landed property at the same time, although he manifests ownership over the servants, he does not acquire the landed property. Similarly, although he manifests ownership over the landed property, he does not acquire the servants unless they are standing within the landed property. Even though the seller tells the purchaser: "Acquire the servants by virtue of your acquisition of this landed property," the purchaser does not acquire the servants unless the servants are within the landed property. The rationale is that a servant goes from place to place on his own volition.
Halacha 12
When a person transfers ownership of servants and movable property at the same time, the purchaser does not acquire the servants by performingmeshichah on the movable property. If he manifested his ownership over the servants, he did not acquire the movable property, unless the servant was carrying the movable property. Moreover, the servant must be bound, so that he cannot walk.
Halacha 13
The following laws apply when a person transfers ownership of both an animal and the articles it was bearing at the same time. Although he performsmeshichah of the animal and acquires it - he does not acquire the articles it was bearing until he lifts up or performs meshichah on the articles themselves, if it is not customary to lift them up. The rationale is that an animal is like a walking courtyard, and thus, what it bears is not acquired by its owner. Therefore, if the animal was bound, by performing meshichah on it, one also acquires the articles it was bearing.
Halacha 14
When the seller tells the purchaser, "Perform meshichah over this animal in order to acquire the articles on it," since he does not transfer ownership of the animal itself - even if the purchaser performs meshichah on the animal while it is bound - he does not acquire the articles on it, unless he performs meshichahon those articles themselves.
Halacha 15
The following rules apply when a flowerpot with a hole was owned by one person, and the plants growing in it by another person. If the ownership of the flowerpot was transferred to the owner of the plants, he acquires it when he performs meshichah, If the ownership of the plants was transferred to the owner of the flowerpot, he does not acquire it until he manifests his ownership over the plants themselves. 16. The following rules apply when both a flowerpot with a hole and the plants growing in it were owned by one person, and he desired to transfer ownership of the entire entity to another person. If that person manifests his ownership over the flowerpot with the intent of acquiring the plants, he does not even acquire the flowerpot. If he manifests his ownership over the plants with the intent of acquiring both them and the flowerpot, he acquires the flowerpot.
This is implied by the teaching: Property that is not on lien to the seller's obligations can be acquired together with property that is on lien to the seller's obligations. For the plants in the flowerpot with a hole are considered as if they are planted in the earth. And whenever an entity is attached to the ground, it is considered to be landed property, as we have explained.
Halacha 17
As we have already explained, produce that is ready to be harvested is considered as though it has already been harvested, and can be acquired only through hagbahah or other procedures by which movable property is acquired.
Halacha 18
The following laws apply when flax is attached to the earth, but is dry and no longer needs the nurture of the earth. If the owner tells another person: "Clean the smallest portion of this land for me, and acquire it as a rental property together with all the flax on the entire surrounding field, once he uproots even the slightest amount, the renter acquires the entire quantity, on the basis of this stipulation.
If, however, the original owner transferred ownership over the flax through a sale or a gift, the recipient acquires only what he uproots, for that is what he has lifted up. The same principles apply in other analogous situations.
• Thursday, Elul 19, 5775 · 03 September 2015
"Today's Day"
Sunday Elul 19 5703
Torah lessons: Chumash: Nitzavim-Vayeilech, first parsha with Rashi.
Tehillim: 90-96. Also 55-57.
Tanya: XVI. My beloved (p. 477) ...folio 80. (p. 479).
When the Alter Rebbe was still in Vitebsk he once expounded on the verse "You stand...1" Taking eitz (wood) as an idiom ofeitza (counsel), he interpreted "choppers of wood" to mean that one must chop out "the many thoughts (counsels) in the heart of man."2 "Those who draw water," he interpreted - one must drain out the water that "makes all enjoyments grow."3
FOOTNOTES
1. Devarim 19:9, 10. The verses read (in part): "You stand today, all of you, before the Eternal your G-d...; ...from the choppers of your wood to those who draw your water."
2. Mishlei 19:21.
3. See Tanya Ch. 1. "The appetite for pleasures (derives) from the element of water, for water makes grow all kinds of enjoyment."
Daily Thought:
Choose Life!
Choose life!—Deuteronomy 30:19
We created beings can know only that which is. That which is not, we can only imagine—or exert effort to make it happen.
But imagine a great mind from which thoughts emerge and then crystallize as the events of the physical world—spontaneously, without effort.
All events and all things, except for those matters for which this world was originally brought into being. Those are hidden thoughts—they neither emerge nor crystallize, but only unfold through our choice to do good.
When we choose life, we redeem G‑d’s subconscious, His most hidden desire.
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