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 28 Chapter 29 Chapter 30
Psalms 28:(0) By David:
(1) Adonai, I am calling to you;
my Rock, don’t be deaf to my cry.
For if you answer me with silence,
I will be like those who fall in a pit.
2 Hear the sound of my prayers
when I cry to you,
when I lift my hands
toward YOUR holy sanctuary.
3 Don’t drag me off with the wicked,
with those whose deeds are evil;
they speak words of peace to their fellowmen,
but evil is in their hearts.
4 Pay them back for their deeds,
as befits their evil acts;
REPAYthem for what they have done,
give them what they deserve.
5 For they don’t understand the deeds of Adonai
or what he has done.
He will break them down;
he will not build them up.
6 Blessed be Adonai,
for he heard my voice as I prayed for mercy.
7 Adonai is my strength and shield;
in him my heart trusted, and I have been helped.
Therefore my heart is filled with joy,
and I will sing praises to him.
8 Adonai is strength for [his people],
a stronghold of salvation to his anointed.
9 Save YOUR people! Bless your heritage!
Shepherd them, and carry them forever!
29:(0) A psalm of David:
(1) Give Adonai his due, you who are godly;
give Adonai his due of glory and strength;
2 give Adonai the glory due his name;
worship Adonai in holy splendor.
3 The voice of Adonai is over the waters;
the God of glory thunders,
Adonai over rushing waters,
4 the voice of Adonai in power,
the voice of Adonai in splendor.
5 The voice of Adonai cracks the cedars;
Adonai splinters the cedars of the L’vanon
6 and makes the L’vanon skip like a calf,
Siryon like a young wild ox.
7 The voice of Adonai flashes fiery flames;
8 the voice of Adonai rocks the desert,
Adonai convulses the Kadesh Desert.
9 The voice of Adonai causes deer to give birth
and strips the forests bare —
while in his temple, all cry, “Glory!”
10 Adonai sits enthroned above the flood!
Adonai sits enthroned as king forever!
11 May Adonai give strength to his people!
May Adonai bless his people with shalom!
30:(0) A psalm. A song for the dedication of the house. By David:
2 (1) I will exalt you, Adonai, because you drew me up;
you didn’t let my enemies rejoice over me.
3 (2) Adonai my God, I cried out to you,
and you provided healing for me.
4 (3) Adonai, you lifted me up from Sh’ol;
you kept me alive when I was sinking into a pit.
5 (4) Sing praise to Adonai, you faithful of his;
and give thanks on recalling his holiness.
6 (5) For his anger is momentary,
but his favor lasts a lifetime.
Tears may linger for the night,
but with dawn come cries of joy.
7 (6) Once I was prosperous and used to say,
that nothing could ever shake me —
8 (7) when you showed me favor, Adonai,
I was firm as a mighty mountain.
But when you hid your face,
I was struck with terror.
9 (8) I called to you, Adonai;
to Adonai I pleaded for mercy:
10 (9) “What advantage is there in my death,
in my going down to the pit?
Can the dust praise you?
Can it proclaim your truth?
11 (10) Hear me, Adonai, and show me your favor!
Adonai, be my helper!”
12 (11) You turned my mourning into dancing!
You removed my sackcloth and clothed me with joy,
13 (12) so that my well-being can praise you and not be silent;
Adonai my God, I will thank you forever!
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.Links: More on Elul
Today in Jewish History:
• Noah Dispatches Raven (2105 BCE)
On the 10th of Elul of the year 1656 from creation (2105 BCE), as the Great Flood neared its end, Noah opened the window of the Ark and dispatched a raven to determine if the flood waters had begun to recede (Genesis 8:1; Rashi). For a discussion of the deeper significance of this event, see The Window
Daily Quote:
May G-d bless you and keep you. May G-d make His face shine upon you, and give you grace. May G-d lift up His face to you, and give you peace[The priestly blessing, Numbers 6:24-26]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Teitzei, 3rd Portion Deuteronomy 22:8-23:7 with Rashi
• Chapter 22
8When you build a new house, you shall make a guard rail for your roof, so that you shall not cause blood [to be spilled] in your house, that the one who falls should fall from it [the roof]. חכִּי תִבְנֶה בַּיִת חָדָשׁ וְעָשִׂיתָ מַעֲקֶה לְגַגֶּךָ וְלֹא תָשִׂים דָּמִים בְּבֵיתֶךָ כִּי יִפֹּל הַנֹּפֵל מִמֶּנּוּ:
When you build a new house, [you shall make a guard-rail for your roof]: If you have fulfilled the commandment of שִׁלּוּחַ הַקֵּן,“sending away [the mother bird from her] nest,” you will eventually build a new house and fulfill the commandment of מַעֲקֶה, guard-rail, because [the fulfillment of] one commandment pulls along with it [an opportunity to fulfill] another commandment [i.e., one commandment leads to another]. You will then come to [possess] a vineyard, a field, and fine clothes. Therefore, these passages are juxtaposed [that is, those just discussed, and the ensuing passages pertaining to vineyards, fields, and garments]. — [Tanchuma 1] כי תבנה בית חדש: אם קיימת מצות שלוח הקן סופך לבנות בית חדש ותקיים מצות מעקה, שמצוה גוררת מצוה, ותגיע לכרם ושדה ולבגדים נאים. לכך נסמכו פרשיות הללו:
a guard-rail: Heb. מַעֲקֶה, a fence surrounding the roof. Onkelos renders: תְּיָקָא, like a sheath (תִּיק), which protects what is inside it. מעקה: גדר סביב לגג, ואונקלוס תרגם תיקא כעין תיק שמשמר מה שבתוכו:
that the one who falls should fall: That one [who would fall] deserves to fall [to his death on account of his sins]; nevertheless, you should not be the one to bring about his death, for meritorious things are executed through meritorious people, while things of ill-fortune are executed through guilty people. — [Sifrei 22:68] כי יפול הנופל: ראוי זה ליפול ואף על פי כן לא תתגלגל מיתתו על ידך, שמגלגלין זכות על ידי זכאי וחובה על ידי חייב:
9You shall not sow your vineyard [together with] a mixed variety of species, lest the increase, even the seed that you sow and the yield of the vineyard [both] become forbidden. טלֹא תִזְרַע כַּרְמְךָ כִּלְאָיִם פֶּן תִּקְדַּשׁ הַמְלֵאָה הַזֶּרַע אֲשֶׁר תִּזְרָע וּתְבוּאַת הַכָּרֶם:
[You shall not sow your vineyard together with] a mixed variety of species: [For example,] sowing in the same hand-throw [of seeds] wheat and barley, [the sowing together of which already constitutes one prohibition of כִּלְאַיִם -“mixed variety of species” (see Lev. 19:19)], and grapeseeds [the total combination of which now constitutes an additional prohibition of sowing the two diverse species in a vineyard]. — [Ber. 22a] כלאים: חטה ושעורה וחרצן במפולת יד:
lest… become forbidden: Heb. תִּקְדַּשׁ, as the Targum [Onkelos] renders: תִסְתָּאֵב, lit., become unclean. To anything repulsive to man, either in a positive sense, e.g., something holy, or in a negative sense, e.g., something forbidden, the term קָדוֹשׁ applies. For instance, “Do not come near me, lest I contaminate you (קְדַשְׁתִּיךָ)” (Isa. 65:5) [according to Rashi on Shevuoth 18b, or, according to Rabbi Joseph Kara on Isa. 65:5: “lest I become contaminated by you”].[See Maskil L’David, Be’er Basadeh, Yosef Hallel, and Leket Bahir.] פן תקדש: כתרגומו תסתאב. כל דבר הנתעב על האדם, בין לשבח כגון הקדש, בין לגנאי כגון איסור, נופל בו לשון קדש, כמו (ישעיה סה, ה) אל תגע בי כי קדשתיך:
the increase: Heb. הַמְלֵאָה. This is the fullness מִלּוּי and increase, which a seed increases. - [See Pes. 25a] המלאה: זה מילוי ותוספת שהזרע מוסיף:
10You shall not plow with an ox and a donkey together. ילֹא תַחֲרשׁ בְּשׁוֹר וּבַחֲמֹר יַחְדָּו:
You shall not plow with an ox and a donkey: The same law applies to any two species in the world. [Similarly,] this law applies [also] to [merely] leading them together when they are bound to each other as a pair, for transporting any load. — [Sifrei 22:79-80, Kilayim 8:2] לא תחרוש בשור ובחמור: הוא הדין לכל שני מינים שבעולם, והוא הדין להנהיגם יחד קשורים זוגים בהולכת שום משא:
11You shall not wear a mixture of wool and linen together. יאלֹא תִלְבַּשׁ שַׁעַטְנֵז צֶמֶר וּפִשְׁתִּים יַחְדָּו:
a mixture: Heb. שַׁעַטְנֵז An expression denoting a mixture. Our Rabbis explained [this term to be an acronym of the terms]: שׁוּעַ, combed, טָווּי, spun, and נוּז, woven. [Thus, our Rabbis explain that the Torah prohibition of שַׁעַטְנֵז applies only to materials combed, spun, and woven together.]- [Sifrei 22:81, Niddah 61b, see Rashi and Tos. .] שעטנז: לשון עירוב. ורבותינו פירשו שוע טווי ונוז:
12You shall make yourself twisted threads, on the four corners of your garment with which you cover yourself. יבגְּדִלִים תַּעֲשֶׂה לָּךְ עַל אַרְבַּע כַּנְפוֹת כְּסוּתְךָ אֲשֶׁר תְּכַסֶּה בָּהּ:
You shall make yourself twisted threads: even from a mixture [of wool and linen]. For this reason, Scripture juxtaposes them [these two commandments: sha’atnez and tzitzith]. — [Yev. 4a] גדלים תעשה לך: אף מן הכלאים. לכך סמכן הכתוב:
13If a man takes a wife, is intimate with her and despises her, יגכִּי יִקַּח אִישׁ אִשָּׁה וּבָא אֵלֶיהָ וּשְׂנֵאָהּ:
[If a man takes a wife,] is intimate with her, and despises her: in the end he will… ובא אליה ושנאה: סופו:
14and he makes libelous charges against her and gives her a bad name, saying, "I took this woman, and when I came to her, I did not find any evidence of virginity for her." ידוְשָׂם לָהּ עֲלִילֹת דְּבָרִים וְהוֹצִא עָלֶיהָ שֵׁם רָע וְאָמַר אֶת הָאִשָּׁה הַזֹּאת לָקַחְתִּי וָאֶקְרַב אֵלֶיהָ וְלֹא מָצָאתִי לָהּ בְּתוּלִים:
make libelous charges against her: One sin leads to another sin. He transgressed [the negative commandment of]“You shall not hate [your brother in your heart]” (Lev. 19:17); so eventually he will come to [commit the sin of] slander (לָשׁוֹן הָרַע) . - [Sifrei 22:87] ושם לה עלילות דברים: עבירה גוררת עבירה, עבר על לא תשנא (ויקרא יט, יז) סופו לבא לידי לשון הרע:
this woman: We learn from here that he says nothing except in the presence of his opponent. — [Sifrei 22:89] את האשה הזאת: מכאן שאין אומר דבר אלא בפני בעל דין:
15Then the girl's father and her mother shall obtain evidence of the girl's virginity, and take it out to the elders of the city, to the gate. טווְלָקַח אֲבִי הַנַּעֲרָה (כתיב הנער) וְאִמָּהּ וְהוֹצִיאוּ אֶת בְּתוּלֵי הַנַּעֲרָה (כתיב הנער) אֶל זִקְנֵי הָעִיר הַשָּׁעְרָה:
The girl’s father and her mother [shall obtain evidence…]: Let those who raised this evil offspring be disgraced because of her. — [Sifrei 22:90] אבי הנערה ואמה: מי שגדלו גידולים הרעים יתבזו עליה:
16And the girl's father shall say to the elders, "I gave my daughter to this man as a wife, and he despised her; טזוְאָמַר אֲבִי הַנַּעֲרָה (כתיב הנער) אֶל הַזְּקֵנִים אֶת בִּתִּי נָתַתִּי לָאִישׁ הַזֶּה לְאִשָּׁה וַיִּשְׂנָאֶהָ:
And the girl’s father shall say [to the elders]: [The father, but not the mother.] This teaches us that a woman is not permitted to speak in the presence of her husband [when others are present]. — [Sifrei 22:91] ואמר אבי הנערה: מלמד שאין רשות לאשה לדבר בפני האיש:
17And behold, he made libelous charges, saying, 'I did not find evidence of your daughter's virginity.' But this is the evidence of my daughter's virginity!' And they shall spread the garment before the elders of the city. יזוְהִנֵּה הוּא שָׂם עֲלִילֹת דְּבָרִים לֵאמֹר לֹא מָצָאתִי לְבִתְּךָ בְּתוּלִים וְאֵלֶּה בְּתוּלֵי בִתִּי וּפָרְשׂוּ הַשִּׂמְלָה לִפְנֵי זִקְנֵי הָעִיר:
and they shall spread the garment: This is a figurative expression, meaning: they shall clarify the matter as [“clear”] as a [new] garment. — [Sifrei 22:92, Keth. 46a] ופרשו השמלה: הרי זה משל, מחוורין הדברים כשמלה:
18Then, the elders of that city shall take the man and chasten him. יחוְלָקְחוּ זִקְנֵי הָעִיר הַהִוא אֶת הָאִישׁ וְיִסְּרוּ אֹתוֹ:
and chasten him: [with] lashes. — [Sifrei 22:93, Keth. 46a] ויסרו אותו: מלקות:
19And they shall fine him one hundred [shekels of] silver because he defamed a virgin of Israel, and he give it to the girl's father. And she shall be his wife; he shall not send her away all the days of his life. יטוְעָנְשׁוּ אֹתוֹ מֵאָה כֶסֶף וְנָתְנוּ לַאֲבִי הַנַּעֲרָה כִּי הוֹצִיא שֵׁם רָע עַל בְּתוּלַת יִשְׂרָאֵל וְלוֹ תִהְיֶה לְאִשָּׁה לֹא יוּכַל לְשַׁלְּחָהּ כָּל יָמָיו:
20But if this matter was true: [indeed,] no evidence of the girl's virginity was found כוְאִם אֱמֶת הָיָה הַדָּבָר הַזֶּה לֹא נִמְצְאוּ בְתוּלִים לַנַּעֲרָה (כתיב לנער) :
But if this matter was true: [as corroborated] by witnesses, and there was warning, [proving] that she had committed adultery after her betrothal. — [Keth. 44b] ואם אמת היה הדבר: בעדים והתראה שזנתה לאחר אירוסין:
21they shall take the girl out to the entrance of her father's house, and the men of her city shall pelt her with stones, and she shall die, for she did a disgraceful thing in Israel, to commit adultery [in] her father's house. So shall you clear away the evil from among you. כאוְהוֹצִיאוּ אֶת הַנַּעֲרָה (כתיב הנער) אֶל פֶּתַח בֵּית אָבִיהָ וּסְקָלוּהָ אַנְשֵׁי עִירָהּ בָּאֲבָנִים וָמֵתָה כִּי עָשְׂתָה נְבָלָה בְּיִשְׂרָאֵל לִזְנוֹת בֵּית אָבִיהָ וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ:
[they shall take the girl out] to the entrance of her father’s house: [as if to say:] “Look at the children you have reared!” - [Keth. 45a.] אל פתח בית אביה: ראו גידולים שגדלתם:
the men of her city: [I.e.,] in the presence of all the men of her city. — [Sifrei 22:100] וסקלוה אנשי עירה: במעמד כל אנשי עירה:
her father’s house: Heb. בֵּית אָבִיהָ, [to be understood as] בְּבֵית אָבִיהָ “in her father’s house.” לזנות בית אביה: כמו בבית אביה:
22If a man is found lying with a married woman, even both of them shall die the man lying with the woman and the woman. So shall you clear away the evil from Israel. כבכִּי יִמָּצֵא אִישׁ שֹׁכֵב | עִם אִשָּׁה בְעֻלַת בַּעַל וּמֵתוּ גַּם שְׁנֵיהֶם הָאִישׁ הַשֹּׁכֵב עִם הָאִשָּׁה וְהָאִשָּׁה וּבִעַרְתָּ הָרָע מִיִּשְׂרָאֵל:
both of them shall die: [The words “both of them” come] to exclude unnatural acts in which the man makes contact with the woman wihout intercourse], from which the woman derives no pleasure [thus not including“both of them” in the act]. — [Sifrei 22:102, San. 66b] ומתו גם שניהם: להוציא מעשה חדודים שאין האשה נהנית מהם:
even: גַּם, lit., also. This comes to include those who have relations after them. [I.e., after these two people have already been tried and sentenced to death for adultery, and before they are put to death, other people commit further adultery with them, these new people are also to be put to death for adultery, and we do not consider this couple as dead people.] Another explanation [of the expression גַּם-שְׁנֵיהֶם]: To include the fetus. [I.e.,] if she was pregnant, they do not wait for her until she gives birth [but put her to death immediately, while still pregnant]. — [Arachin 7a] גם: לרבות הבאים מאחריהם. דבר אחר גם שניהם לרבות את הולד, שאם היתה מעוברת אין ממתינין לה עד שתלד:
23If there is a virgin girl betrothed to a man, and [another] man finds her in the city, and lies with her, כגכִּי יִהְיֶה נַעֲרָה (כתיב נער) בְתוּלָה מְאֹרָשָׂה לְאִישׁ וּמְצָאָהּ אִישׁ בָּעִיר וְשָׁכַב עִמָּהּ:
And [another] man finds her in the city: Therefore, he lay with her. A breach [in a wall] invites a thief; had she remained at home, this would not have happened to her. — [Sifrei 22:103] ומצאה איש בעיר: לפיכך שכב עמה, פרצה קוראה לגנב הא אילו ישבה בביתה לא אירע לה:
24you shall take them both out to the gate of that city, and you shall pelt them with stones, and they shall die: the girl, because she did not cry out [even though she was] in the city, and the man, because he violated his neighbor's wife. So shall you clear away the evil from among you. כדוְהוֹצֵאתֶם אֶת שְׁנֵיהֶם אֶל שַׁעַר | הָעִיר הַהִוא וּסְקַלְתֶּם אֹתָם בָּאֲבָנִים וָמֵתוּ אֶת הַנַּעֲרָ (כתיב הנער) עַל דְּבַר אֲשֶׁר לֹא צָעֲקָה בָעִיר וְאֶת הָאִישׁ עַל דְּבַר אֲשֶׁר עִנָּה אֶת אֵשֶׁת רֵעֵהוּ וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ:
25But if a man finds the betrothed girl in the field, and the man overpowers her and lies with her, then only the man who lay with her shall die. כהוְאִם בַּשָּׂדֶה יִמְצָא הָאִישׁ אֶת הַנַּעֲרָה (כתיב הנער) הַמְאֹרָשָׂה וְהֶחֱזִיק בָּהּ הָאִישׁ וְשָׁכַב עִמָּהּ וּמֵת הָאִישׁ אֲשֶׁר שָׁכַב עִמָּהּ לְבַדּוֹ:
26Whereas to the girl, you shall do nothing the girl did not commit a sin deserving of death, for just as a man rises up against his fellow and murders him, so is this case. כווְלַנַּעֲרָה (כתיב ולנער) לֹא תַעֲשֶׂה דָבָר אֵין לַנַּעֲרָה (כתיב לנער) חֵטְא מָוֶת כִּי כַּאֲשֶׁר יָקוּם אִישׁ עַל רֵעֵהוּ וּרְצָחוֹ נֶפֶשׁ כֵּן הַדָּבָר הַזֶּה:
for just as a man rises up [against his fellow and murders him, so is this case]: According to the simple meaning, this is the explanation: For she was coerced, and the man overpowered her, just like the case of someone who overpowers another person to kill him. Our Rabbis, however, interpreted it [as follows]: This one comes to teach, but instead he learns (San. 73a). [That is, it would seem at first glance, that the case of the murderer in the verse is cited in order to teach us something about the case of the betrothed girl who was raped, namely, that just as the murdered person was overpowered, so was this girl overpowered and coerced. However, with further examination, we learn something new from the case of this girl, which can be applied to the case of the murderer. And that is: just as in the case of the girl, we may save her from sin by killing her assailant, so it is, in the case of a murderer overpowering someone with the intent of murder, anyone is permitted to kill his assailant in order to save the life of the intended victim.]- [Sifrei 22:106] כי כאשר יקום וגו': לפי פשוטו זהו משמעו, כי אנוסה היא ובחזקה עמד עליה כאדם העומד על חברו להרגו. ורבותינו דרשו בו הרי זה בא ללמד ונמצא למד וכו':
27Because he found her in the field. The betrothed girl had cried out, but there was no one to save her. כזכִּי בַשָּׂדֶה מְצָאָהּ צָעֲקָה הַנַּעֲרָה (כתיב הנער)הַמְאֹרָשָׂה וְאֵין מוֹשִׁיעַ לָהּ:
28If a man finds a virgin girl who was not betrothed, and seizes her and lies with her, and they are found, כחכִּי יִמְצָא אִישׁ נַעֲרָה (כתיב נער) בְתוּלָה אֲשֶׁר לֹא אֹרָשָׂה וּתְפָשָׂהּ וְשָׁכַב עִמָּהּ וְנִמְצָאוּ:
29the man who lay with her shall give fifty [shekels of] silver to the girl's father, and she shall become his wife, because he violated her. He shall not send her away all the days of his life. כטוְנָתַן הָאִישׁ הַשֹּׁכֵב עִמָּהּ לַאֲבִי הַנַּעֲרָה (כתיב הנער) חֲמִשִּׁים כָּסֶף וְלוֹ תִהְיֶה לְאִשָּׁה תַּחַת אֲשֶׁר עִנָּהּ לֹא יוּכַל שַׁלְּחָהּ כָּל יָמָיו:
Chapter 23
1A man shall not take his father's wife, nor shall he uncover the corner of his father's [cloak]. אלֹא יִקַּח אִישׁ אֶת אֵשֶׁת אָבִיו וְלֹא יְגַלֶּה כְּנַף אָבִיו:
shall not take: [I.e.,] betrothal has no effect on her [even after the father’s death], and he cannot legally marry her. — [Kid. 67a] לא יקח: אין לו בה לקוחין ואין קידושין תופסין בה:
nor shall he uncover the corner of his father’s [cloak]: [This seemingly superfluous phrase comes to include] the שׁוֹמֶרֶת יָבָם of his father [i.e., the widow of his father’s brother who died without children, who awaits (שׁוֹמֶרֶת) her brother-in-law (יָבָם) to either wed her or release her through the rite of חֲלִיצָה. See Deut. 25:5-10.] She is [thus] intended for his father [who is her brother-in-law]. But has he not already been admonished regarding her by [the verse] “[You shall not uncover] the nakedness of [i.e., commit incest with the wife of] your father’s brother” (Lev. 18:14)? However, [the prohibition is repeated here] to make the transgressor liable on her account for two negative commands (Yev. 4a), and to juxtapose it to“A bastard (מַמְזֵר) shall not enter [the assembly of the Lord,” to teach us that a מַמְזֵר,“bastard,” is only [a child of] a forbidden union punishable by כָּרֵת [“excision,” as is the case with a child born of one who takes his father’s שׁוֹמֶרֶת יָבָם]. All the more so [does it apply to one born] from a forbidden union punishable by the death sentence by the court, for in forbidden unions incurring the death penalty by the court, there is no case that does not [also] incur the penalty of כָּרֵת [Yev. 49a] ולא יגלה כנף אביו: שומרת יבם של אביו הראויה לאביו. והרי כבר הוזהר עליה משום (ויקרא יח, יד) ערות אחי אביך, אלא לעבור על זו בשני לאוין ולסמוך לה (פסוק ג) לא יבא ממזר, ללמד שאין ממזר אלא מחייבי כריתות וקל וחומר מחייבי מיתות בית דין, שאין בעריות מיתת בית דין שאין בה כרת:
2[A man] with injured testicles or whose member is cut, may not enter the assembly of the Lord. בלֹא יָבֹא פְצוּעַ דַּכָּא וּכְרוּת שָׁפְכָה בִּקְהַל יְהֹוָה:
with injured testicles: [I.e.,] one whose testicles have been injured or crushed. — [Sifrei 23:111] פצוע דכה: שנפצעו או שנדכאו ביצים שלו:
whose member is cut: Heb. וּכְרוּת שָׁפְכָה, one whose male organ is cut, [to the extent] that his semen no longer shoots forth in a continuous flow, but rather drips and trickles, and thus he cannot produce children. — [Yev. 75a] וכרות שפכה: שנכרת הגיד ושוב אינו יורה קילוח זרע אלא שופך ושותת ואינו מוליד:
3A bastard shall not enter the assembly of the Lord; even the tenth generation shall not enter the assembly of the Lord. גלֹא יָבֹא מַמְזֵר בִּקְהַל יְהֹוָה גַּם דּוֹר עֲשִׂירִי לֹא יָבֹא לוֹ בִּקְהַל יְהֹוָה:
A bastard shall not enter the assembly of the Lord: [I.e.,] he shall not marry an Israelite woman. — [Yev. 77b] לא יבא ממזר בקהל ה': לא ישא ישראלית:
4An Ammonite or Moabite shall not enter the assembly of the Lord; even the tenth generation shall never enter the assembly of the Lord. דלֹא יָבֹא עַמּוֹנִי וּמוֹאָבִי בִּקְהַל יְהֹוָה גַּם דּוֹר עֲשִׂירִי לֹא יָבֹא לָהֶם בִּקְהַל יְהֹוָה עַד עוֹלָם:
An Ammonite [or Moabite] shall not enter [the assembly of the Lord]:[I.e.,] he shall not marry an Israelite woman. — [Yev. 77b] לא יבא עמוני: לא ישא ישראלית:
5Because they did not greet you with bread and water on the way, when you left Egypt, and because he [the people of Moab] hired Balaam the son of Beor from Pethor in Aram Naharaim against you, to curse you. העַל דְּבַר אֲשֶׁר לֹא קִדְּמוּ אֶתְכֶם בַּלֶּחֶם וּבַמַּיִם בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם וַאֲשֶׁר שָׂכַר עָלֶיךָ אֶת בִּלְעָם בֶּן בְּעוֹר מִפְּתוֹר אֲרַם נַהֲרַיִם לְקַלְלֶךָּ:
Because: Heb. עַל-דְּבַר [lit., “because of the word,” i.e.,] because of the [word of] advice they gave you (sic), to cause you to sin. — [Sifrei 23:114] על דבר: על העצה שיעצו אתכם להחטיאכם:
on the way: when you were in [a state of] extreme exhaustion. — [Sifrei 23:114] בדרך: כשהייתם בטירוף:
6But the Lord, your God, did not want to listen to Balaam. So the Lord, your God, transformed the curse into a blessing for you, because the Lord, your God, loves you. ווְלֹא אָבָה יְהֹוָה אֱלֹהֶיךָ לִשְׁמֹעַ אֶל בִּלְעָם וַיַּהֲפֹךְ יְהֹוָה אֱלֹהֶיךָ לְּךָ אֶת הַקְּלָלָה לִבְרָכָה כִּי אֲהֵבְךָ יְהֹוָה אֱלֹהֶיךָ:
7You shall not ever seek out their welfare or their good, all your days. זלֹא תִדְרשׁ שְׁלֹמָם וְטֹבָתָם כָּל יָמֶיךָ לְעוֹלָם:
You shall not [ever] seek out their welfare [nor their good]: Since it says [in the case of a runaway slave], “He may reside with you in your midst” (verse 17), one might assume that this one [the Ammonite or the Moabite] is the same. Therefore, Scripture states: “You shall not [ever] seek out their welfare [or their good]” - [Sifrei 23:114. See Yalkut Shimoni , Mossad Harav Kook, fn. 54] לא תדרוש שלומם: מכלל שנאמר (פסוק יז) עמך ישב בקרבך יכול אף זה כן, תלמוד לומר לא תדרוש שלומם:
Daily Tehillim: Psalms Chapters 55 - 59
• 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 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
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 28, 29 and 30.
Chapter 28
A prayer for every individual, entreating God to assist him in walking the good path, to prevent him from walking with the wicked doers of evil, and that He repay the wicked for their wickedness and the righteous for their righteousness.
1. By David. I call to You, O Lord; my Strength, do not be deaf to me; for should You be silent to me, I will be like those who descend to the pit.
2. Hear the sound of my pleas when I cry out to You, when I raise my hands toward Your holy Sanctuary.
3. Do not draw me along with the wicked, with evildoers who speak of peace with their companions, though evil is in their heart.
4. Give them according to their deeds, and the evil of their endeavors; give them according to their handiwork, render to them their just desserts.
5. For they pay no heed to the acts of the Lord, nor to the work of His hands; may He destroy them and not rebuild them.
6. Blessed is the Lord, for He has heard the voice of my pleas.
7. The Lord is my strength and my shield; in Him my heart trusted and I was helped; my heart exulted, and with my song I praised Him.
8. The Lord is a strength to them; He is a stronghold of deliverance to His anointed.
9. Grant salvation to Your people and bless Your heritage; tend them and exalt them forever.
Chapter 29
The Name of God appears eighteen times in this psalm, corresponding to which our Sages established eighteen blessings-the Amidah. The entire psalm can be interpreted as referring to the giving of the Torah and the ingathering of the exiles.
1. A psalm by David. Render to the Lord, children of the mighty, render to the Lord honor and strength.
2. Render to the Lord the honor due to His Name; bow down to the Lord in resplendent holiness.
3. The voice of the Lord is over the waters, the God of glory thunders; the Lord is over mighty waters.
4. The voice of the Lord resounds with might; the voice of the Lord resounds with majesty.
5. The voice of the Lord breaks cedars; the Lord shatters the cedars of Lebanon.
6. He makes them leap like a calf, Lebanon and Sirion like a young wild ox.
7. The voice of the Lord strikes flames of fire.
8. The voice of the Lord makes the desert tremble; the Lord causes the desert of Kadesh to tremble.
9. The voice of the Lord causes the does to calve, and strips the forests bare; and in His Sanctuary all proclaim His glory.
10. The Lord sat [as King] at the Flood; the Lord will sit as King forever.
11. The Lord will give strength to His people; the Lord will bless His people with peace.
Chapter 30
This psalm teaches one not to be distressed if God visits suffering upon him in this world, for only through suffering can one enter the World to Come. Even one of great spiritual stature should realize that his stability is not guaranteed, but that all is in the hands of God.
1. A psalm, a song of dedication of the House, by David.
2. I exalt You, Lord, for You have uplifted me, and did not allow my enemies to rejoice over me.
3. Lord, my God, I cried out to You, and You healed me.
4. Lord, You have brought up my soul from the grave; You have kept me alive, that I should not descend to the pit.
5. Sing to the Lord, you His pious ones, and praise His holy Name.
6. For His wrath endures but for a moment, when He is conciliated there is [long] life; when one retires at night weeping, joy will come in the morning.
7. In my security I thought, "I shall never falter.”
8. Lord, by Your favor You have made my mountain stand strong; when You concealed Your countenance I was alarmed.
9. I called to You, O Lord, and I made supplication to my Lord:
10. What profit is there in my death, in my going down to the grave? Can dust praise You? Can it proclaim Your truth
11. Lord, hear and be gracious to me; Lord, be a help to me.
12. You have turned my mourning into dancing; You have undone my sackcloth and girded me with joy.
13. Therefore my soul shall sing to You, and not be silent; Lord my God, I will praise You forever.
Tanya: Iggeret HaKodesh, middle of Epistle 12• Lessons in Tanya
• Tuesday, Elul 10, 5775 · August 25, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 12
והנה מודעת זאת שישראל בטבעם הם רחמנים וגומלי חסדים
Now, it is well known that Jews by their very nature act compassionately and perform deeds of lovingkindness.1
מפני היות נפשותיהם נמשכות ממדותיו יתברך
[This is so] because their souls issue from G‑d’s attrib-utes,
אשר החסד גובר בהן על מדת הדין והגבורה והצמצום
in which Chesed prevails over the attribute of din, Gevurah, and tzimtzum,
וכמו שכתוב: גבר חסדו על יראיו
as it is written,2 “His Chesed prevails over those who fear Him,” alluding to the fact that the Divine attribute ofChesed prevails over the Divine attribute of Gevurah.
שלכן נקראת הנשמה בת כהן, כמו שכתוב בזהר הקדוש
The soul is therefore called “daughter of the priest,” since it derives from the attribute of Chesed which is called “Kohen”, as is written in the sacred Zohar.3
Since the soul derives from the Divine attributes which are dominated by kindness and compassion, Jews by their very nature are kind and compassionate.
והנה הצדקה הנמשכת מבחינה זו נקראת בשם מעשה הצדקה
Now, the charity that issues from this source — from the soul’s inherently kind and compassionate nature — is referred to as “the act of charity,”
כי שם מעשה נופל על דבר שכבר נעשה, או שנעשה תמיד ממילא
for the term “act” (maaseh) applies to that which is already done, or which is constantly being done spontaneously;
והיא דבר ההווה ורגיל תמיד
thus, something existent, common and constant.
ואף כאן
Here, too, with regard to tzedakah that is motivated by the soul’s innate sense of kindness and compassion,
הרי מדת החסד והרחמנות הוטבעה בנפשות כל בית ישראל מכבר
the trait of kindness and compassion is implanted in the souls of the entire House of Israel from aforetime,
מעת בריאותן והשתלשלותן ממדותיו יתברך
from the time that they were created and that they evolved from G‑d’s attributes,
כמו שכתוב: ויפח באפיו גו׳
as it is written4 in regard to Adam’s soul entering his body, “And He blew into his nostrils [a soul of life],”
ואתה נפחת בי
[and we likewise say]5 concerning the entry of each and every soul into its individual body, “You blew it into me,”
ומאן דנפח כו׳
and6 “He who blows, [blows from within him],” from his innermost being.
So, too, in the analogue: Since the soul emanates from the inward aspect of the Divine attributes, it is infused with them as well, so that the attribute of kindness dominates the soul even as it finds itself within the body.
וגם בכל יום ויום, בטובו מחדש מעשה בראשית
Furthermore,7 in His goodness [G‑d] renews the act (maaseh) of creation every single day, and this includes the supernal attributes.
וחדשים לבקרים גו׳
Likewise, with regard to souls below, [it is written],8 “They are new every morning....”
“Act” (maaseh) thus refers to a constant process, such as the renewal of the soul with its characteristic traits of kindness and compassion. The “act of tzedakah” hence refers to the tzedakah which a Jew practices by virtue of these innate character traits.
אך לשון עבודה אינו נופל אלא על דבר שהאדם עושה ביגיעה עצומה, נגד טבע נפשו
The term “service” (avodah), however, applies only to what a man does with immense exertion, contrary to his soul’s inclination,
Indeed, it is his very disinclination for a particular task that works against him, and necessitates such exertion.
רק שמבטל טבעו ורצונו, מפני רצון העליון ברוך הוא
but he overrules his nature and will out of deference to the Supreme Will;
כגון לייגע עצמו בתורה ובתפלה, עד מיצוי הנפש כו׳
exhausting himself, for example, in Torah and prayer, “to the extent of pressing out the soul....”9
Since the soul is not naturally inclined to such a situation, a great deal of toil and effort is required.
ואף כאן, במצות הצדקה, ליתן הרבה יותר מטבע רחמנותו ורצונו
In our case, too, with regard to the commandment of giving charity, [to “serve” entails] giving far more than [would be prompted by] the nature of one’s compassion and will.
וכמו שאמרו רז״ל על פסוק: נתון תתן, אפילו מאה פעמים
| FOOTNOTES | |
| 1. | Yevamot 79a; see Tanya, Part I, end of ch. 1. |
| 2. | Tehillim 103:11. |
| 3. | Note of the Rebbe: “II, 95a.” |
| 4. | Bereishit 2:7. |
| 5. | Morning Blessings (Siddur Tehillat HaShem, p. 6); cf. Berachot 60b. |
| 6. | Cited above (Part I, ch. 2) in the name of the Zohar. |
| 7. | The clause that follows paraphrases a statement in the morning prayers (Siddur Tehillat HaShem, p. 44). |
| 8. | Eichah 3:23. |
| 9. | Note of the Rebbe: “Iggeret HaKodesh, Epistle 1.” |
| 10. | Note of the Rebbe: “Sifri, Devarim 15:10; commentary of Rashi there.” |
| 11. | Devarim, loc. cit. |
• Sefer Hamitzvos:
| Today's Mitzvah Tuesday, Elul 10, 5775 · August 25, 2015 Positive Commandment 194 Returning a Stolen Item "He shall return that which he stole"—Leviticus 5:23. It is a mitzvah for a thief to return stolen property to its owner. (If the thief denied his crime and falsely swears as to his innocence, he is required to repay the principal plus 25%.) The obligation to return the actual stolen item only applies if the object has not been substantially altered. If it has, then the thief must make restitution by giving the owner the monetary value of the stolen object. The 194th mitzvah is that we are commanded to return the object that was robbed, if it still exists, and add an additional fifth;1 or to give its value if it has already changed form. The source of this commandment is G‑d's statement2 (exalted be He), "And he must return the object that he robbed." It is explained in tractate Makkos3 that the prohibition of robbery is a lav she'nitak l'aseh (a prohibition with a remedial positive commandment): "The Torah says,4 'Do not commit robbery,' and 'he must return the object which he robbed.' " The details of this mitzvah are explained in the final chapters of Bava Kama. OOTNOTES1. I.e. 1/4 of the value, which is 1/5 of the total (value plus fine). This fine must be paid only if he swore falsely in denial of the robbery.2. Lev. 5:23.3.16a.4.Lev. 19:13. |
NaarahBetulah - Chapter Two
Halacha 1
The fine of 50 silver pieces represents merely the payment for the pleasure of sexual relations. In addition, a seducer is obligated to pay for embarrassment and damages1 in addition to the fixed amount mentioned by the Torah.
A rapist, moreover, also pays for the pain [he caused the girl]. [A seducer is not required to make this payment,] because a girl who willingly engages in relations does not [suffer] pain. A girl who is raped does, as reflected by [Deuteronomy 22:29]: "because he violated her."2
Halacha 2
Thus, a seducer makes three payments: the fine, and compensation for embarrassment and damages. A rapist makes four payments: the fine, and compensation for embarrassment, pain and damages.
Halacha 3
The fine is the same in all instances. Whether one has relations with the daughter of the High Priest, or the daughter of a convert or a bastard,3 the fine is 50 silver pieces. The amount paid for embarrassment, damages and pain is not uniform, however. Instead, the amount must be evaluated [by the court].
Halacha 4
How is this evaluation made? With regard to embarrassment, everything is dependent on the identity of the person who is embarrassed, and the identity of the person who embarrasses her. The embarrassment suffered by a girl of high repute from a family of known lineage cannot be compared to the embarrassment suffered by a poor, ignoble maiden.4 And the embarrassment suffered at the hands of an important person of great stature cannot be compared to that suffered at the hands of a base and empty fellow.5
Halacha 5
On this basis, the judges consider the stature of [the rapist or the seducer] and his victim. They evaluate how much a father and the girl's family would give to prevent [these relations] from taking place with this individual. This is the amount [the man] is obligated to pay.
Halacha 6
Damages [are evaluated] according to [the girl's] beauty. We look at her as if she were a maid-servant being sold in the marketplace: what price would she fetch as a virgin, and what price would she fetch as a non-virgin. For a man would like to buy a virgin maid-servant to give him to his servant, whose welfare and satisfaction he desires. [The rapist or the seducer] should pay the difference in the price.
The compensation for pain is evaluated based on her youth and the size of her body, and his age and the size of his body.6 We evaluate how much a father would be willing to pay so that such [a daughter] would not suffer pain from such [a man], and [the rapist is obligated to] pay [this amount].
Halacha 7
A seducer must compensate [the girl's father] for the embarrassment and damages immediately. He is not, however, required to pay the fine unless he does not marry [the girl], as [Exodus 22:16] states: "If her father refuses to allow him to marry her, then he must pay...."
Halacha 8
[The following laws apply when] two men entered into relations with her, one through vaginal intercourse and one through anal intercourse. If the man who had anal intercourse with her was first, he is liable for embarrassment and for damages.9 If he was second, he is liable only for embarrassment, because she has already suffered damages.
The one who engaged in vaginal intercourse, whether first or last, is liable for the fine and all other payments. Nevertheless, the embarrassment and damages to a girl who had never engaged in relations at all cannot be compared to the embarrassment and damages to a girl who has engaged in anal intercourse.
Halacha 9
We have already mentioned10 the girls for whom a fine need not be paid: They are ten: A bogeret, a girl who dissolved her marriage via mi'un, one who was divorced, an aylonit, a mentally incompetent girl, a deaf mute, a convert, a girl who had been taken captive, a freed slave, and one who has a tarnished reputation. A fine must be paid for all other girls.
Halacha 10
Whenever a fine is required to be paid for a girl, compensation is also required for embarrassment and damages, and if she was raped she must also be compensated for the pain.
Conversely, whenever a fine is not required to be paid for her, she is not entitled to compensation for embarrassment and damages11 if she is seduced or raped. Exceptions to this are a bogeret, a girl who had dissolved her marriage via mi'un, a mentally incompetent girl and a deaf mute. [If they are seduced, no payment is required at all.]
Halacha 11
What is implied? If a man rapes a bogeret or a girl who had dissolved her marriage via mi'un, although a fine is not required to be paid, compensation is also required for embarrassment damages and pain.12 And a man who rapes a a mentally incompetent girl or a deaf mute is required to make compensation for pain.13 One who seduces any of these girls is not liable at all.14
Halacha 12
A person is not ever liable to pay a fine because of his own admission. Instead, he is made liable by the testimony of witnesses.15 Therefore, [if a man] says: "I raped or seduced the daughter of so and so," he is not liable to pay a fine. He must, however, make restitution for the embarrassment and the damages [he caused].16
Similarly, when a maiden files a legal claim against a man, saying "You raped me," or "You seduced me," and he denies the matter entirely, he is required to take a Rabbinic oath17 to support his claim, for if he admits his culpability, he would be liable for the embarrassment, the damages and the pain.18
Halacha 13
If a girl claims, "You raped me," and the man claims, "No, I seduced you," he is required to take an oath mandated by Scriptural law with regard to [the compensation for] the pain, and he must pay the damages and the embarrassment. [The oath is required] because he admitted a portion of the claim [made against him], as will be explained in [the section dealing with that subject].19
Halacha 14
The three payments made because of seduction, and the four payments made because of rape are made to the girl's father, for all the monetary benefit that accrues during a girl's youth belongs to her father.20
If her father is no longer alive [at the time of the rape or the seduction], [these payments are made] to her.21
Halacha 15
When a girl who was raped or seduced does not file a claim until [either] she reaches bagrut, she marries, or her father dies,22 she herself is entitled to the three or four payments [mentioned above].23
If she appeared in court and filed a claim for payment, and then she reachedbagrut or she married, the father is entitled to the payments. If the father dies after she files a claim for payment in court, the payments belong to her brothers, for they are her father's heirs. [The rationale is that] once she files a claim for payment in court, her father is considered to have acquired the payments.
Halacha 16
When a girl was consecrated and then divorced, she is entitled to the fine, but only that.24 If she was raped or seduced, and afterwards, she becomes consecrated to another [man], her father is entitled to the fine and the damages, for consecration does not take a girl out of her father's domain [and nullify his rights over her].
Halacha 17
I maintain that [the intent of] the Torah's statement [Leviticus 19:29], "Do not defile your daughter to have her play the harlot," is that a father should not say: "Since the obligation of the Torah for a seducer or a rapist was solely that he should give the father money, I will hire my virgin daughter to someone to have relations with her for whatever price I desire, or I will allow him to have relations for her without charge. For a man has the right to forgo monetary rights to him to any person he desires." To counter such thoughts, it is written: "Do not defile your daughter."
The Torah obligates a rapist and a seducer to pay money rather than be punished by lashes when the matter happened by chance, without the knowledge of [the girl's] father, and she did not ready herself for [the relations]. For this is an extraordinary and uncommon matter.
If, however, a person leaves his virgin daughter accessible for anyone to engage in relations with her, this will cause the entire earth to be filled with sexual immorality.25 For [ultimately], a father will marry his daughter and a brother his sister, [for in a sexually permissive society] a [girl] may become pregnant and give birth without knowing who the child's father is.
When a person has his daughter act in this manner, she is considered to be a harlot, and both the man and the girl who engage in relations should be punished by lashes, as [Deuteronomy 23:18] states: "There shall not be a harlot."26
[In such an instance,] the man is not required to pay a fine, for the Torah prescribed a fine only in the instance of seduction or rape. When a girl prepares herself [for relations] either on her initiative or on that of her father, she is a harlot. And the prohibition against harlotry applies both with regard to a virgin and a non-virgin.
For this reason our Sages stated that a girl who was reputed to have conducted herself immodestly while young is not entitled to a fine, as we have explained,27for we can assume that she willingly opened herself to this experience.
| FOOTNOTES | |
| 1. |
As explained in the following halachot.
|
| 2. |
Inah, the word translated as "violated," more specifically means "oppressed." Significantly,Exodus 22:15, which describes the fine of the seducer, does not use this term.
|
| 3. |
The Rambam is employing the instance of the daughter of a bastard primarily as a figure of speech. The commentaries have noted that if in fact one has relations with the daughter of a bastard, in most instances the transgression of a negative commandment is involved, and the violator should be lashed rather than fined, unless a warning was not given.
|
| 4. |
Obviously, the penalty to be paid to the former exceeds that to be paid to the latter.
|
| 5. |
Rav David Arameah explains that the intent is that the embarrassment suffered at the hands of a person of stature is more significant. The commentaries note, however, that in Hilchot Chovel UMazik 3:1, the Rambam states that the embarrassment suffered at the hands of a base person is more severe.
|
| 6. |
The younger and smaller a girl, the more painful is the experience. Similarly, the older and larger the rapist, the more painful the experience is.
|
| 7. |
The Rambam mentions the divorce as being dependent on the woman, because the rapist cannot initiate divorce, as stated in Chapter 1, Halachah 3.
|
| 8. |
In contrast to other women, who would receive payment for their marriage contracts.
|
| 9. |
The girl's value is reduced even through anal intercourse, albeit less than through vaginal intercourse. As mentioned in Chapter 1, Halachah 8, a fine is not required for anal intercourse.
|
| 10. |
Chapter 1, Halachot 9 and 10.
|
| 11. |
The Tur (Even HaEzer 177) differs with the Rambam and maintains that these women are entitled to damages. The fact that they are not granted a fine has no bearing on this manner.
|
| 12. |
A fine is not required for a bogeret, because the verse mentions a na'arah, a younger maiden. Nevertheless, if one seduces a bogeret, no fine is required, because she willingly accepted any damages and embarrassment.
With regard to a minor who has dissolved her marriage through mi'un, we are obviously speaking of a girl who did not engage in sexual relations as a minor and was still a virgin. Although she is not entitled to a fine, since she was a virgin, she does receive damages. The commentaries have questioned the distinction between such a woman and a woman who is divorced after nisu'in, but is still a virgin.
|
| 13. |
He is not liable to make compensation for the embarrassment and damages because these women are not entitled to damages, because they have no financial worth; they would not be purchased if sold as slaves. (See Ketubot 32a, Bava Metzia 80a.) And with regard to embarrassment, since they are mentally incompetent, they suffer no embarrassment.
(Compare, however, to Hilchot Chovel UMazik 3:4, which states that a mentally incompetent person is not reimbursed for embarrassment, but a deaf mute is.)
|
| 14. |
For, as mentioned previously, a girl who is seduced does not suffer pain, and she either forgoes or need not be reimbursed for damages and embarrassment.
|
| 15. |
This is a principle that applies not only with regard to the fine in question, but with regard to allk'nasot levied by the Torah. To explain: There are two types of monetary penalties levied by the Torah: a) nezek, damages - i.e., compensation for personal injury and/or loss of property - andk'nas, a fine, payment required by the Torah over and above what a person would be held liable for damages.
Although a person is liable for nezek when he makes an admission of guilt, he is not held liable for a k'nas unless his guilt is established by witnesses. (See Hilchot Nizkei Mammon 2:8 and Hilchot Geneivah 3:7.) Moreover, even if he admits his guilt and then witnesses come, he is not liable for payment of the k'nas.
|
| 16. |
As mentioned in the Kessef Mishneh, the Rambam's statements here are in direct contradiction to his statements in Hilchot Chovel UMazik 5:6, where he states that when a person admits injuring a colleague, but there are no witnesses who testify to the matter, he is not liable for the damages and the pain, but is liable for the injured's unemployment, embarrassment and medical treatment. (As reflected by the commentaries on Hilchot Chovel UMazik, this ruling is contested by many authorities.)
The Rambam's descendant, Rav Yehoshua, attempts to reconcile the Rambam's rulings, explaining that the laws governing the injuries suffered by a raped or seduced maiden differ from those governing other types of injury.
|
| 17. |
More precisely, the term used is sh'vuat hesset, a Rabbinic oath of lesser severity. See Hilchot Sh'vuot 11:13 and Hilchot To'en V'Nit'an 1:3.
|
| 18. |
The Rambam is emphasizing that if the only issue were the k'nas, the man would not be held liable for an oath, because this oath was instituted to encourage the defendant to admit his guilt. With regard to the k'nas, this admission would be of no significance, because his liability is dependent only on the testimony of witnesses. Nevertheless, since there is also a claim for damages, and on that matter his admission would make him liable, he is required to take an oath.
|
| 19. |
As explained in Hilchot To'en V'Nit'an 1:1, whenever a person admits a portion of the claim against him, he is required by Scriptural law to take an oath stating his lack of liability to the remaining portion of the claim.
The Ra'avad differs with the Rambam, because, as mentioned in the following halachah, the payment for these damages goes to the girl's father and not to her herself. Hence, the situation resembles the case (Sh'vuot 38b) where a person claims "You owe my father 100 zuzim," and the defendant states, "I owe him only 50," in which instance the defendant is not required to take an oath, because the person making the claim is not the one to whom the money is paid.
It is possible, the Ra'avad continues, for the father to make a definite claim that his daughter was raped. But it must be established that this indeed was the case.
The Kessef Mishneh justifies the Rambam's ruling, explaining that this instance is unique. Although the money goes to the girl's father, she and not her father is considered to be the plaintiff.
|
| 20. |
When the girl manifests physical signs of maturity at the ordinary times, the period of "youth" mentioned here continues until she is twelve and a half. During that time, as mentioned in Hilchot Ishut 3:11, the father is entitled to consecrate his daughter and receive the money given for consecration, and to receive any benefits from her labor.
|
| 21. |
And not to any other heirs of her father's estate. With regard to the k'nas, the money is not considered to be owed the father until the defendant denies the debt in court (for if he agreed to the claim, he would not be obligated to pay the fine). Therefore, the money owed because of the fine is not considered part of the father's estate. See Or Sameach.
|
| 22. |
The Ra'avad differs with the Rambam on this point, stating that this money is considered part of the father's estate, and belongs to his heirs. The Kessef Mishneh and others, however, question the reason for the difference, noting that the Rambam's opinion is based on an explicit mishnah.
|
| 23. |
In all the instances mentioned, she leaves her father's domain and assumes independent responsibility for her own financial concerns. Although the event for which the person becomes liable took place before the girl has assumed financial independence, since a claim was not issued at that time, she and not her father (or his heirs) is entitled to the money.
Kin'at Eliyahu states that this supports the thesis of the Kessef Mishneh mentioned in the notes on Halachah 13, that the girl herself is the plaintiff.
|
| 24. |
But not to the payment for damages; that is awarded to her father. As mentioned in the notes on Chapter 1, Halachah 9, our Sages derived from the exegesis of Deuteronomy 22:29 that when a girl has been consecrated, she is entitled to the fine. But that applies only to the fine and not to the damages (Kessef Mishneh). Rabbenu Asher differs and maintains that she is also entitled to the damages, for she is no longer within her father's domain.
|
| 25. |
The Rambam is referring to the wording of the verse in Leviticus cited previously.
|
| 26. |
The Ra'avad differs and maintains that a woman is not considered to be a harlot unless she is a professional prostitute. See the discussion of this issue in Hilchot Ishut 1:4.
|
| 27. |
Chapter 1, Halachah 9.
|
Gezelah va'Avedah - Chapter Thirteen
Halacha 1
When a person finds a lost object that he is obligated to return, he is obligated to announce its discovery and make it known, saying: "Whoever lost this type of article should come, identify it with marks and take it."
Even if the article was worth a p'rutah at the time of its discovery, but depreciated in value, the finder is required to announce its discovery.
There was a large stone outside of Jerusalem on which the announcements would be made.
Halacha 2
How is an announcement made? If a person discovered money, he announces: "Whoever lost coins should come...." Similarly, he announces "Whoever lost a garment..." "... an animal..." or "... promissory notes should come, identify them with marks and collect them."
He need not worry because he mentioned the type of object that was discovered, for he will not return it until it is identified with distinctive marks.
Halacha 3
If the owner of the lost object came and identified it with marks that are not distinctive, it should not be returned to him until he identifies it with distinctive marks.
When a person is known as a deceiver, a lost article should not be returned to him even if he identifies it with distinctive marks. He must bring witnesses who testify that the article is his. Our Sages said: "Deuteronomy 22:2: "It shall remain in your possession until your brother asks... ," can also be interpreted to mean that one must examine the person to see whether or not he is a deceiver.
Halacha 4
At first, whenever a person lost an article and came and identified it with marks, it would be returned to him, unless he was known as a deceiver. When the amount of deceivers proliferated, the court ordained that when a person claimed a lost object, he would be told: "Bring witnesses that you are not a deceiver. Then you may take it."
Halacha 5
Distinctive marks are relied upon and used as the basis for court rulings in all matters according to Scriptural law. An object's measure, weight, its number or the place where it was lost are considered distinctive marks.
Halacha 6
If two people come, and both identify the article by its marks in the same manner, the article should not be given to either of them. Instead it should remain in the finder's possession until one of them acknowledges his colleague's claim or they arrive at a compromise.
If one of them identifies the article by marks and the other brings witnesses who testify that the article is his, the article is given to the one who brought witnesses.
If both claimants identify the article with marks and one brings one witness to support his claim, the presence of the witness is not considered of consequence, and the article should remain in the finder's possession.
Halacha 7
If a person finds a dress or an article of that nature and there are two claimants, one brings witnesses who testify that it was woven for him and one brings witnesses who testify that it fell from his possession, it should be given to the one whose witnesses testify they saw the article fall.
If one identifies it by stating its length and the other identifies it by stating its width, it should be given to the one who stated its length, for it is possible for a deceiver to deduce its width by watching its owner when wearing it.
If one identifies it by stating its length and width, and the other identifies it by stating its weight, it should be given to the one who stated its weight. If one identifies it by stating its length and width, and the other identifies it by stating the measure of its fringes, it should be given to the one who stated its length and width.
Halacha 8
Originally, whoever would find a lost object would announce its discovery at three successive pilgrimage festivals. On the first festival he would say that he was making this announcement for the first time. On the second festival, he would say it was the second time.
On the third festival, he would announce the discovery of the article without mentioning the number of times, lest a listener hear incorrectly and confuse the second announcement with the third. After the third festival, he should wait seven days and make a fourth announcement. This provision enabled a person who heard to travel home in three days, check his household articles and return in three days. Thus, he could meet the person when he made the fourth announcement on the seventh day.
Halacha 9
When the Temple was destroyed, our Sages ordained that announcements should be made in synagogues and houses of study.
When there was an increase in the number of men of violence who say: "All lost objects belong to the king," our Sages ordained that announcements should be made discreetly to one's neighbors and associates. That is sufficient.
Halacha 10
If an announcement or notification was made and the owner did not come to claim the discovered object, it should remain in the possession of the finder until Elijah the prophet comes.
If it is lost or stolen while it is in the finder's possession, he is responsible for it. If it is destroyed by forces beyond his control, he is not liable. The rationale is that a person who cares for a lost object is considered a paid watchman. For he is involved in the performance of a mitzvah, and as such is freed from the obligation to perform several positive commandments as long as he is occupied with guarding it.
Halacha 11
The finder must pay attention to the lost article and inspect it so that it will not become spoiled and ruined over the course of time. This may be inferred fromDeuteronomy 22:2, which states: "And you shall return it to him." Implied is that one must see to it that the article will in fact be returned intact.
What is implied? If one finds a woolen garment, one should shake it out every 30 days. He should not shake it out using a staff, nor with two people.
He may spread it out on a couch for its benefit alone, but not for its benefit and for his benefit. If guests visit him, he should not spread it out in their presence even for its own benefit, lest it be stolen.
Halacha 12
If one finds wooden utensils, he should use them so that they do not rot. If he finds copper utensils, he should use them for hot substances, but he should not expose them to fire, because they become worn. Silver utensils should be used only for cold substances, but not for hot substances, because they become discolored.
If one finds rakes or hatchets, one should use them with soft substances, but not with hard ones, lest their value deteriorate. If one finds golden utensils, glass utensils or linen garments, one should not touch them until Elijah arrives.
The same principles that apply to a lost object which one discovered apply to an entrusted object whose owner undertook a long journey.
Halacha 13
If he finds scrolls, he should read them once in 30 days. If he does not know how to read, he should roll them every 30 days. One should never study a subject for the first time, nor should one read a passage and repeat it or translate it.
One should not open the scroll more than three columns wide. Two people should not read two different subjects from the same scroll, lest each pull it to himself and ruin the scroll. Two people may, however, read the same subject. Three people may not read from the same scroll, however, even if they are reading about the same subject.
Halacha 14
If one finds tefillin, he may have their value appraised and don them.
The rationale is that tefillin are common-place articles, possessed by everyone, and their purpose is only for the sake of the fulfillment of the commandment.
Halacha 15
The following rules apply if a person finds a living being that must be fed. If the found object may be used to earn money although it eats - e.g., a cow or a donkey - the finder should care for them twelve months from the day of their discovery. He should hire them out and feed them. If the rental he receives for their hire exceeds the cost of their food, the additional amount belongs to the owner. Similarly, if one finds chickens, one should sell their eggs and feed them for twelve months.
From this time onward, one should have their value assessed, and they are considered as belonging in partnership to the finder and the original owner. The arrangement is governed by the laws applying to one who raises livestock for a colleague.
Halacha 16
If one finds calves or ponies that pasture, he should care for them for three months. If he finds beasts that must be fed, he should care for them for 30 days.
If he finds large geese or roosters, he should care for them for 30 days. If he finds younger fowl and any other live being whose care is more costly than the wage that may be earned with it, he should care for them for three days. Afterwards, he should sell them in the presence of a court.
Similarly, if produce has begun to rot, or other similar things occur to a lost object, it should be sold in the presence of a court.
Halacha 17
What should be done with the money from the sale? It should be given to the finder. He has permission to use it as a loan.
Therefore, if the money is lost by forces beyond his control - e.g., it was plundered by an attacking force or it sank in the sea - he is liable for its repayment even if he never made use of it. Since he has permission to use it, it is as if he borrowed it.
Halacha 18
Which funds may a finder make use of? The money received for the sale of a lost object. Since he cared for the object he is given this privilege. If, however, a person finds money, he should not make use of it. Therefore, if it is lost because of forces beyond his control, he is not liable, for he is considered a paid watchman, as explained above.
Halacha 19
During the entire time in which the finder cares for the lost animal before selling it in court, if he feeds it from his own resources, he must be reimbursed by the owner. It appears to me that he is entitled to collect this sum without supporting his claim with an oath. This is a decree ordained for the benefit of society.
Halacha 20
When a person finds a lost object, he is not required to take an oath. This is a decree ordained for the benefit of society. For if a finder of a lost article were required to take an oath, he would ignore the lost article and proceed on his way, so that he would not be required to take the oath.
Even if a person found a wallet, and the owner of the wallet claimed that there was another wallet tied together with it, and it would be impossible to find one without finding the other tied to it, the finder is not required to take an oath.
Gezelah va'Avedah - Chapter Fourteen
Halacha 1
Deuteronomy 22:1-3 states: "Do not watch your brother's ox or sheep going astray and ignore them.... Return them to him.... This is what you must do to his donkey and to his garment and to all lost articles that your brother will lose and you will find."
A garment is included in the general category of "all lost articles that your brother will lose," as is an ox, a sheep and a donkey. Why then does the Torah mention a donkey individually? To teach that it should be returned when there is an identifying mark on its cushion and not on the donkey itself. Although the mark is on a matter of secondary importance, it should be returned.
Why does the Torah mention an ox and a sheep individually? To teach that the shearings of a sheep and even the shearing of the tail of an ox, which is an insubstantial matter, must be returned.
Why does the Torah mention a garment individually? To teach the following concept. A garment is unique in that it has marks by which it could be identified, and we presume that its owner would seek its recovery. It thus becomes a paradigm, and any article that has marks and has owners who seek its recovery must be returned. If, however, a lost article no longer has owners who seek it, for they have despaired of its recovery, it belongs to its finder, even if it has marks by which it can be identified.
Halacha 2
This principle must be followed with regard to a lost article: Whenever an article does not have a mark by which it can be identified - e.g., one nail or one needle - as soon as the owners knew that it is lost, we presume that the owners despaired of its recovery. For they cannot provide a mark by which it can be identified and returned to them. Therefore, it belongs to the finder.
Halacha 3
When by contrast an article has a mark by which it can be identified - e.g., a garment or an animal - we presume that the owners have not despaired of its recovery. For they think that they will be able to identify it by its marks, and it will be returned to them.
For this reason, a person who finds it is obligated to announce its discovery unless he knows that the owners have despaired of its recovery - e.g., he heard them saying, "How terrible a loss!" or other things that indicate that they despaired of its return. In such an instance, the lost article belongs to its finder.
Halacha 4
Similarly, if a person finds an article that has a mark by which it can be identified - in the sea, in a river or the like, or in a place where the majority of people are gentiles - he may presume that its owners despaired of its recovery at the time that it fell. It therefore belongs to the finder, even though he has not heard that the owners despaired of its recovery.
Halacha 5
When the owner of an article does not know of its loss, he is not considered to have despaired of its recovery, even if it does not have a mark by which it can be identified.
What is implied? If a person dropped a dinar and did not realize that he dropped it, he is not considered to have despaired of its recovery until he becomes aware that he dropped it. Even though he will certainly despair of its recovery when he realizes that he dropped it it is forbidden to take the article until that time.
Moreover, if an owner is unaware that an article was dropped, even though he is aware of its absence, but thinks, "Maybe I gave it to so and so," "... placed it in a cabinet," "... made a mistake in my accounts," or the like, he is not considered to have despaired of the article's return.
Halacha 6
When a person sees a colleague drop a dinar on the ground without being aware of it and takes the dinar before his colleague despairs of its recovery, he transgresses a positive commandment and two negative commandments, as we have explained.
Even if he returns the dinar to his colleague after the latter has despaired of its recovery, the return of the money is not significant. It is as if he is giving him a present, and he is considered to have already violated the transgressions.
Halacha 7
If the finder takes the dinar before the owner despairs of its return, with the intent of returning it, and after the owner despairs of its return decides to take it as his own, he transgresses only the positive commandment, Deuteronomy 22:1: "You shall certainly return it."
If he waits and does not notify the owners, but does not take the dinar until the owners become aware that it fell, at which time they will despair, as we have explained, and then he takes the dinar from the ground, he transgresses only the commandment ibid.: "You may not ignore it." The same applies in all similar situations.
Halacha 8
A person who sees a sela or another coin drop from even three people, even though there is not a p'rutah's worth for each of them, is obligated to return it. The rationale is that they might all be partners, and one may have been willing to forgo his share in favor of a colleague. Thus, that person has a share in the lost article worth more than a p'rutah.
Halacha 9
When a person sees a dinar fall from a colleague into sand or into dust and escape the colleague's vision, it is as if it fell into the sea or into a river, and it belongs to the finder. For the owner despairs of its recovery, since it does not have a mark by which it can be identified.
Even if he saw the original owner bring a sifter to search for the lost dinar, the owner is considered to have given up hope. He is searching out of wishful thinking, as would other seekers who search in the dust although they have not lost anything, in the hope that they will find what someone else has lost. The owner is searching in such a manner; it is not that he has not despaired of the recovery of his money.
Halacha 10
The following rules apply when a person finds a sela in the market place. If a colleague finds him and tells him: "It is mine. It is new; it comes from this and this country and was issued by this and this king" - indeed, even if he says "My name was written on it" - his words are of no consequence, and the finder is not obligated to return it.
The rationale is that the marks on a coin are not an accepted means of identification, because we can assume that a coin will be used for spending. Thus, we can say, "It was his, but he spent it, and it fell from the possession of another person."
Since the marks on a coin are not relied upon as means of identification, as soon as a person realizes that a coin has fallen, he despairs of its recovery. Therefore, it becomes the property of the finder.
Halacha 11
When a person finds an article that does not possess a mark by which it can be identified, next to an article that possesses such a mark, the finder is obligated to announce the discovery of both articles.
If the owner of the article which possesses a mark by which it can be identified comes and takes his article, but says that he lost only this article, the finder acquires the article lacking the mark by which it can be identified.
Halacha 12
The following laws apply when a person finds an earthenware utensil or any other type of utensil that is made in a standard manner. If new utensils are found, they are acquired by the finder. For they are like a dinar, and there is no difference between one dinar and another, and thus no way of identifying them. Similarly, the owner cannot identify these earthenware utensils; he does not know whether this jar or this vial is his or if it belongs to someone else.
If, however, the earthenware utensils have been in their owner's possession for an extended period, and have become familiar to his eye, the finder is obligated to announce their discovery. For if a Torah scholar will come and say: "Although I cannot identify this utensil with a mark, I can recognize it as my own," the finder is obligated to show it to him. And if the scholar claims to recognize it and says that it belongs to him, it should be returned to him.
Halacha 13
When does the above apply? To a refined sage who does not tell any falsehoods except to promote peace, or with regard to the tractate he is studying, the bed that he slept on or the house in which he stays.
What is meant by the above? If he was studying the tractate of Niddah and said that he was studying the tractate of Mikvaot, so that he would not be asked about the Niddah laws.
He slept in one bed, but said that he slept in another, lest signs of a seminal emission be discovered in the bed in which he slept.
He stayed at Reuven's home, but said that he stayed at Shimon's, so that others would not trouble Reuven.
He made peace between two people and added and subtracted from the statements each one of them made to heighten their feelings of closeness. Such deceptions are permitted. If, however, witnesses came and testified that he made other false statements, there is no obligation to return an article that he claims to have recognized.
Gezelah va'Avedah - Chapter Fifteen
Halacha 1
Whenever a person finds an article that appears to have been intentionally placed down, it is forbidden for him to touch it. This applies whether or not it has a mark by which it can be identified.
The rationale is that perhaps the owner of the article left it there until he returns. Thus, if the finder takes it he will have ill-treated the owner. If the article does not have a mark by which it can be identified, he has purposefully caused his colleague financial loss, for the article does not have a mark that will enable it to be identified and returned. Even if it has a mark, he has wronged him, for he has troubled him to search for the article and identify it by its marks. Therefore, it is forbidden for the finder to touch it, unless it appears to have fallen.
Even if the finder is in doubt and does not know whether the article was lost or placed down, he should not touch it. If he transgressed and took it, he is forbidden to return it to its place. If it is an article that does not have a mark by which it can be identified, the finder acquires it; he is not obligated to return it.
Halacha 2
Whenever a person takes an article that can be identified with a mark, whether originally it had been placed down or had dropped, whether in a private domain or in the public domain, he is obligated to announce its discovery.
What is meant by an article that appears to have been intentionally placed down? If a person finds a donkey or a cow pasturing on the road during the day, or he finds a utensil buried in a garbage heap, he should not touch them, for Deuteronomy 22:1, the verse that commands the return of a lost object, speaks of an ox or a sheep "going astray" in the way.
If, however, he found a donkey with its gear overturned, a cow running through vineyards or a utensil lying openly in a garbage heap, it is considered a lost article. It should be taken and its discovery announced.
Halacha 3
If one sees a donkey or a cow pasturing in an ordinary place and manner at night, the animal is considered lost.9
If he saw the animal pasturing at twilight or at dawn for three consecutive days, it is considered a lost article; it should be taken and its discovery announced.
The following laws apply when a person sees a cow running down a road. If it is facing the city, it is not considered a lost article. If it is not facing the city, it is considered a lost article.
Halacha 4
If a person finds a cow pasturing among the vineyards, he is obligated to return the animal to its owner because of the damage that will be done to the property.
Therefore, if the vineyards belong to a gentile, the animal is not considered lost and there is no obligation to return it. If he suspects that perhaps the gentile will kill the animal when he finds it because it spoiled his vineyard, it is considered a lost article; it should be taken and its discovery announced.
Halacha 5
The following rules apply if a person finds a cow in the public domain. If it is found beyond the Sabbath limits of the city, he is obligated to return it. If it was pasturing in the grass or located in a barn that is neither a totally secure place nor one from where it will definitely flee, the finder should not touch it; this is not a lost article.
If he found a garment or an axe at the side of a wall, he should not touch them. If he found them in a thoroughfare, he should take them and announce their discovery. The same applies in all similar instances.
Halacha 6
If a person finds young doves whose wings are tied together and they are hopping behind a stone wall, a wooden fence or in a lane in the fields, he should not touch them, since it is possible that their owner left them there. If, however, he takes them, they become his property.
If they were found tied with a unique knot that can serve as a mark of identification, the finder is obligated to announce their discovery. Similarly, if he found them located in a fixed place, he is obligated to announce their discovery, for the place where an object is discovered can serve as a mark of identification.
Halacha 7
If a person finds a utensil buried in a garbage heap, he should not touch it, as mentioned above. If the garbage dump is not usually cleared away, and its owner decides to clear it away, he should take the utensil and announce its discovery, even though it is buried. If he discovers small utensils - e.g., a knife, a spit or the like - he should take them and announce their discovery, even though they were buried.
Halacha 8
If a person finds scattered produce that appears to have been intentionally placed down, he should not touch it. If it appears that it has fallen, he may keep it.
Similarly, if he finds small sheaves of grain in the public domain, he may keep them, for they do not have a mark. The same applies if he finds cakes of pressed figs, a baker's loaves, a string of fish, pieces of meat, raw wool as it comes from the country, bundles of flax or stretches of purple wool, for they also do not have marks by which they can be identified.
If an item has a mark by which it can be identified, the finder should take it and announce its discovery. Although the mark will ultimately be worn off by trampling, it is still considered a valid mark of identification.
Halacha 9
If, however, a person finds bread baked by an ordinary person,wool that has been dyed by a craftsman, jugs of wine or jugs of oil, he is obligated to announce their discovery, for all these articles possess distinctive marks by which they can be identified.
If, however, this occurs during the season when the stores of wine and oil are opened, the jugs belong to the finder even when the seal is marked. For all the jugs will be marked in the same fashion. The jugs will thus resemble loaves of bread coming from a baker, which all possess a standard shape and weight.
Halacha 10
The following laws apply if a person finds small sheaves in a private domain: If it appears that they have fallen, he may keep them. If it appears that they have been intentionally placed there, he must announce their discovery.
The rationale is that although they do not have a mark by which they can be identified, the place where they are discovered can serve as a mark of identification, even though it is not a distinctive mark of identification.
If he finds large sheaves, whether in the private domain or in the public domain, he should take them and announce their discovery.
Halacha 11
If a person finds a cake of pressed figs that contain a shard, a loaf of bread that contains a coin, a piece of meat that is cut in an abnormal fashion, a fish that has been bitten and any similar item, he is obligated to announce their discovery. The rationale is that they possess an abnormal factor, and we can assume that their owner did this only so that it would serve as a mark of identification.
Halacha 12
The following rules apply when a person finds scattered fruit in the place of the grain heaps. If there was a measure approximately the size of a kav in a square four cubits by four cubits or in a larger area, it may be kept by the finder. The rationale is that the owners will no longer trouble themselves to collect it.
If the produce was scattered in a smaller space, a finder should not touch it, for perhaps it was intentionally left there by the owner.
Our Sages were in doubt with regard to the following situations: If half a kavwas left in a square two cubits by two cubits, two kabbim in a square eight cubits by eight cubits, or a kav of two or three types of produce - e.g., dates, sesame seeds and pomegranates in a square four by four. Therefore, at the outset, one should not take such produce. If, however, one takes it, one is not obligated to announce its discovery.
Halacha 13
A person who finds a collection of fruit, fruit in a container, or an empty container is obligated to announce the discovery of these objects.
If one finds a container with fruit in front of it, one may keep the fruit, but one must announce the discovery of the utensil. For it is likely that the utensil belongs to one person and the produce to another, and there is no mark by which to identify the produce. If it appears that the produce and the container belong to the same person, one must also announce the discovery of the produce.
Halacha 14
What is implied? If the back of the container is facing the produce, he may keep the produce. If, however, the front of the container is facing the produce, we suspect that the produce fell from the container. Nevertheless, even in such a situation, if the container has a rim, and it is totally empty, the finder may keep the produce. For if it had fallen from the container, the rim would have caused something to remain. If some fruit were in the container and some were on the ground, the finder is obligated to announce the discovery of the entire amount.
Halacha 15
When a person finds berries set out to dry in the road, even if he finds them next to a field of berries, they may be kept by the finder. Similarly, when a berry bush hangs over a road and berries are found under it, one is permitted to take them; the prohibition against robbery does not apply.
The rationale for these rulings is that a berry becomes repulsive when it falls in the dust. Such berries are considered ownerless, and thus there is no requirement that a tithe should be given. These concepts do not apply to olives, carobs and other similar fruit; they are forbidden to be taken by the finder.
Halacha 16
Dates that are blown off a tree by the wind may be taken, for we assume that the owners forgo ownership over them in favor of anyone who finds them. If, however, they belong to orphans below the age of majority, they are forbidden to be taken, because a minor does not have the legal prerogative to waive his ownership over property.
Similarly, if the owner of the field takes care not to lose any of his produce and has surrounded the trees with a fence or put nets under the trees so that the fruit that drops should fall there until he gathers them, it is forbidden to take this fruit, for he has shown that he is not willing to forgo ownership.
Halacha 17
A perverse cat that kills young children may not be kept by its owner. Hence, taking it from its owner is not considered robbery, nor is one obligated to return it, even though its hide has some worth. Instead, whoever finds it acquires it. He should kill it, and the hide belongs to him.
Halacha 18
The following laws apply to a young dove that is found close to a dovecote. If it is found within 50 cubits of the dovecote, it belongs to the owner of the dovecote. If it is found beyond 50 cubits of the dovecote, it belongs to whoever finds it, for a young dove does not hop more than 50 cubits.
If a young dove is found between two dovecotes, it is granted to the owner of the closer one. If it is found midway between the two, its value should be divided.
When does the above apply? When there are an equal number of doves in each dovecote. But if there are more doves in one dovecote than another, we assume that it came from the majority, even though it is further away.
Hayom Yom:
"Today's Day"
Friday Elul 10 5703
Torah lessons: Chumash: Teitsei, Shishi with Rashi.
Tehillim: 55-59. Also 28-30.
Tanya: And this is (p. 455) ...the sea." (p. 457).
Great elders of the Alter Rebbe's chassidim used to say that yechidus (private audience with the Rebbe) means: "clear," "designated," "united." The sources of these three interpretations are in Shekalim 6:2, Yevamot 62a, and Bereishit Raba 20.
This means that the idea of yechidus is:
To clarify one's own status;
To designate a mode of avoda for him in "turn(ing) away from evil" and in the acquisition of fine character traits;
And that he should bind himself1 in total oneness, and utterly dedicate himself1 with all his desires.
FOOTNOTES
1. To the Rebbe.
Daily Thought:
G-d's Image
We were created in G‑d’s image. What is His image? It is a vision. A vision that triggered the beginning of time.
From a point before and beyond all things, G‑d looked upon a moment in time to be, and saw there a soul, distant from Him in a turbulent world, yet yearning to return to Him and His oneness. And He saw the pleasure He would have from this union.
So He invested His infinite light into that finite image, and became one with that image, and in that image He created each one of us.
As for that vision He saw, that was the moment now.[Maamar Padah B’Shalom 5738]
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