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 25 Chapter 26 Chapter 27
Psalms 25:(0) By David:
(1) I lift my inner being to you, Adonai;
2 I trust you, my God.
Don’t let me be disgraced,
don’t let my enemies gloat over me.
3 No one waiting for you will be disgraced;
disgrace awaits those who break faith for no reason.
4 Make me know YOUR ways, Adonai,
teach me your paths.
5 Guide me in your truth, and teach me;
for you are the God who saves me,
my hope is in you all day long.
6 Remember your compassion and grace, Adonai;
for these are ages old.
7 Don’t remember my youthful sins or transgressions;
but remember me ACCORDING to YOUR grace
for the sake of your goodness, Adonai.
8 Adonai is good, and he is fair;
this is why he teaches sinners the way [to live],
9 leads the humble to do what is right
and teaches the humble [to live] his way.
10 All Adonai’s paths are grace and truth
to those who keep his covenant and instructions.
11 For the sake of your name, Adonai,
forgive my wickedness, great though it is.
12 Who is the person who fears Adonai?
He will teach him the way to choose.
13 He will remain prosperous,
and his descendants will inherit the land.
14 Adonai relates intimately with those who fear him;
he makes them know his covenant.
15 My eyes are always directed toward Adonai,
for he will FREE my feet from the net.
16 Turn to me, and show me your favor;
for I am alone and oppressed.
17 The troubles of my heart are growing and growing;
bring me out of my distress.
18 See my affliction and suffering,
and take all my sins away.
19 Consider my enemies, how many there are
and how cruelly they hate me.
20 PROTECTme and rescue me;
don’t let me be disgraced,
for I take refuge in you.
21 Let integrity and uprightness preserve me,
because my hope is in you.
22 God! Redeem Isra’el
from all their troubles!
26:(0) By David:
(1) Vindicate me, Adonai,
for I have lived a blameless life;
unwaveringly I trust in Adonai.
2 Examine me, Adonai, test me,
search my mind and heart.
3 For your grace is there before my eyes,
and I live my life by your truth.
4 I have not sat with worthless folks,
I won’t consort with hypocrites,
5 I hate the company of evildoers,
I will not sit with the wicked.
6 I will wash my hands in innocence
and walk around your altar, Adonai,
7 lifting my voice in thanks
and proclaiming all your wonders.
8 Adonai, I love the house where you live,
the place where your glory abides.
9 Don’t include me with sinners
or my life with the bloodthirsty.
10 In their hands are evil schemes;
their right hands are full of bribes.
11 As for me, I will live a blameless life.
Redeem me and show me favor.
12 My feet are planted on level ground;
in the assemblies I will bless Adonai.
27:(0) By David:
(1) Adonai is my light and salvation;
whom do I need to fear?
Adonai is the stronghold of my life;
of whom should I be afraid?
2 When evildoers assailed me
to devour my flesh,
my adversaries and foes,
they stumbled and fell.
3 If an army encamps against me,
my heart will not fear;
if war breaks out against me,
even then I will keep trusting.
4 Just one thing have I asked of Adonai;
only this will I seek:
to live in the house of Adonai
all the days of my life,
to see the beauty of Adonai
and visit in his temple.
5 For he will conceal me in his shelter
on the day of trouble,
he will hide me in the folds of his tent,
he will set me high on a rock.
6 Then my head will be lifted up
above my surrounding foes,
and I will offer in his tent
sacrifices with shouts of joy;
I will sing, sing praises to Adonai.
7 Listen, Adonai, to my voice when I cry;
show favor to me; and answer me.
8 “My heart said of you, ‘Seek my face.’”
Your face, Adonai, I will seek.
9 Do not hide your face from me,
don’t turn your servant away in anger.
You are my help; don’t abandon me;
don’t leave me, God my savior.
10 Even though my father and mother have left me,
Adonai will care for me.
11 Teach me your way, Adonai;
lead me on a level path
because of my enemies —
12 don’t give me up to the whims of my foes;
for false witnesses have risen against me,
also those who are breathing violence.
13 If I hadn’t believed that I would see
Adonai’s goodness in the land of the living, . . .
14 Put your hope in Adonai, be strong,
and let your heart take courage!
Yes, put your hope in Adonai!
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.Links: More on Elul
Today in Jewish History:
• Nachmanides Renews Jerusalem community (1267)
Nachmanides (Rabbi Moshe ben Nachman, 1194-1270) arrived in Jerusalem, after being forced to flee his native Spain (see "On This Date" for Av 12) and renewed its Jewish community there. The synagogue he established is functional today, having been restored following the liberation of the Old City during the Six-Day War in 1967.
Daily Quote:
Love is strong as death; envy is harsh as the grave.[Song of Songs 8:6]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Teitzei, 2nd Portion Deuteronomy 21:22-22:7 with Rashi
• Chapter 21
22If a man commits a sin for which he is sentenced to death, and he is put to death, you shall [then] hang him on a pole. כבוְכִי יִהְיֶה בְאִישׁ חֵטְא מִשְׁפַּט מָוֶת וְהוּמָת וְתָלִיתָ אֹתוֹ עַל עֵץ:
If a man commits a sin for which he is sentenced to death: The juxtaposition of these passages [i.e., this one and that of the wayward and rebellious son] teaches [us] that if his father and mother spare him, he will eventually lead an evil life style and commit [grave] sins for which he will be sentenced to death by the court. — [Tanchuma 1] וכי יהיה באיש חטא משפט מות: סמיכות הפרשיות מגיד, שאם חסים עליו אביו ואמו, סוף שיצא לתרבות רעה ויעבור עבירות ויתחייב מיתה בבית דין:
you shall [then] hang him on a pole: Our Rabbis said: All who are stoned [by the court] must [afterwards] be hanged, for the verse (23) says,“a hanging [human corpse] is a blasphemy of God.” [Thus, we find that the sin of blasphemy is connected with hanging,] and a blasphemer is punished by stoning. [Consequently, our Rabbis taught that all those stoned must be hanged.]- [San. 45b] ותלית אותו על עץ: רבותינו אמרו, כל הנסקלין, נתלין, שנאמר (פסוק כג) כי קללת אלהים תלוי. והמברך ה', בסקילה:
23But you shall not leave his body on the pole overnight. Rather, you shall bury him on that [same] day, for a hanging [human corpse] is a blasphemy of God, and you shall not defile your land, which the Lord, your God, is giving you as an inheritance. כגלֹא תָלִין נִבְלָתוֹ עַל הָעֵץ כִּי קָבוֹר תִּקְבְּרֶנּוּ בַּיּוֹם הַהוּא כִּי קִלְלַת אֱלֹהִים תָּלוּי וְלֹא תְטַמֵּא אֶת אַדְמָתְךָ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה:
For a hanging [human corpse] is a blasphemy of God: Heb. קִלְלַת אלֹהִים. This is a degradation of the [Divine] King in Whose image Man is created, and the Israelites are God’s children. This is comparable to two identical twin brothers. One [of them] became king, while the other was arrested for robbery and hanged. Whoever saw him [the second brother, suspended on the gallows], would say,“The king is hanging!” [Therefore, the king ordered, and they removed him (Reggio ed.).] - [Sanh. 46b] Wherever [the term] קְלָלָה appears in Scripture, it means treating lightly (הָקֵל) and degrading. For example,“[And behold, you have with you Shimei the son of Gera…] and he cursed me with a severe curse (וְהוּא קִלְלַנִי קְלָלָה נִמְרֶצֶת)” (I Kings 2:8). - [See II Sam. 16:5-13] כי קללת אלהים תלוי: זלזולו של מלך הוא, שאדם עשוי בדמות דיוקנו וישראל הם בניו. משל לשני אחים תאומים שהיו דומין זה לזה, אחד נעשה מלך, ואחד נתפס ללסטיות ונתלה, כל הרואה אותו אומר המלך תלוי. כל קללה שבמקרא לשון הקל וזלזול, כמו (מלכים א' ב, ח) והוא קללני קללה נמרצת:
Chapter 22
1You shall not see your brother's ox or sheep straying, and ignore them. [Rather,] you shall return them to your brother. אלֹא תִרְאֶה אֶת שׁוֹר אָחִיךָ אוֹ אֶת שֵׂיוֹ נִדָּחִים וְהִתְעַלַּמְתָּ מֵהֶם הָשֵׁב תְּשִׁיבֵם לְאָחִיךָ:
and ignore them: [I.e.,] by covering one’s eyes, pretending not to see it. והתעלמת: כובש עין כאלו אינו רואהו:
You shall not see… and ignore them: Heb. לֹא-תִרְאֶה וְהִתְעַלַּמְתָּ [lit., “You shall not see them… but rather, you shall ignore them!” What it really means is:] You shall not see them and ignore them [i.e., ignore your brother’s animals straying]; that is the simple meaning of the verse. Our Rabbis, however, explain that [although the verse clearly means that one must not ignore them, nevertheless, the verse is alluding to] situations when one is, in fact, permitted to ignore them [for example, if he is a kohen , and the animals have wandered into a cemetery, where kohanim may not enter, or if he is an honored sage, and it it is beneath his dignity to lead animals or carry packages in public places-he may “ignore” them, and he is not obligated to return them to his brother]. — [Sifrei 22:45, B.M. 30a] לא תראה, והתעלמת: לא תראה אותו שתתעלם ממנו, זהו פשוטו. ורבותינו אמרו פעמים שאתה מתעלם וכו':
2But if your brother is not near you, or if you do not know him, you shall bring it into your house, and it shall be with you until your brother seeks it out, whereupon you shall return it to him. בוְאִם לֹא קָרוֹב אָחִיךָ אֵלֶיךָ וְלֹא יְדַעְתּוֹ וַאֲסַפְתּוֹ אֶל תּוֹךְ בֵּיתֶךָ וְהָיָה עִמְּךָ עַד דְּרשׁ אָחִיךָ אֹתוֹ וַהֲשֵׁבֹתוֹ לוֹ:
[And it shall be with you] until your brother seeks it out: Would you imagine that one should return it to him before he asks for it? Rather, [the meaning is that you must keep the animal] until you investigate him, [verifying] that he is is not a swindler [by demanding that he produce identifying signs]. - [B. M. 27b, Sifrei 22:47] עד דרש אחיך: וכי תעלה על דעתך שיתנהו לו קודם שידרשהו, אלא דרשהו שלא יהא רמאי:
whereupon you shall return it to him: That there shall be something left in it to return, that it should not consume its [whole] value in your house, so you should claim it from him [from the owner]. From here, [the Rabbis] said: Any animal that works and eats, should work and eat [the proceeds of its work]; and [any animal] that does not work, yet still eats, should be sold [by the finder, and the money restored to the owner]. — [B.M. 28b] והשבתו לו: שתהא בו השבה, שלא יאכל בביתך כדי דמיו ותתבעם ממנו. מכאן אמרו, כל דבר שעושה ואוכל יעשה ויאכל, ושאינו עושה ואוכל, ימכר:
3So shall you do with his donkey, and so shall you do with his garment, and so shall you do with any lost article of your brother which he has lost and you have found. You shall not ignore [it]. גוְכֵן תַּעֲשֶׂה לַחֲמֹרוֹ וְכֵן תַּעֲשֶׂה לְשִׂמְלָתוֹ וְכֵן תַּעֲשֶׂה לְכָל אֲבֵדַת אָחִיךָ אֲשֶׁר תֹּאבַד מִמֶּנּוּ וּמְצָאתָהּ לֹא תוּכַל לְהִתְעַלֵּם:
You shall not ignore [it]: You must not cover your eyes, pretending not to see it. לא תוכל להתעלם: לכבוש עינך כאלו אינך רואה אותו:
4You shall not see your brother's donkey or his ox fallen [under its load] on the road, and ignore them. [Rather,] you shall pick up [the load] with him. דלֹא תִרְאֶה אֶת חֲמוֹר אָחִיךָ אוֹ שׁוֹרוֹ נֹפְלִים בַּדֶּרֶךְ וְהִתְעַלַּמְתָּ מֵהֶם הָקֵם תָּקִים עִמּוֹ:
You shall pick up [the load]: This is [the obligation of] טְעִינָה,“loading,” [i.e.,] to load up a burden that has fallen off it [the animal, as opposed to פְּרִיקָה, “unloading” a burden too heavy for the animal, delineated in Exod. 23:5]. — [B.M. 32a] הקם תקים: זו טעינה. להטעין משאוי שנפל מעליו:
[You shall pick up (the load)] with him: [I.e.,] with the owner. However, if the owner walks away, sits down, and says, “Since the commandment is incumbent upon you, if you want to load, [go ahead and] load!” you are exempt. — [B.M. 32a] עמו: עם בעליו, אבל אם הלך וישב לו, ואמר לו הואיל ועליך מצוה אם רצית לטעון טעון, פטור:
5A man's attire shall not be on a woman, nor may a man wear a woman's garment because whoever does these [things] is an abomination to the Lord, your God. הלֹא יִהְיֶה כְלִי גֶבֶר עַל אִשָּׁה וְלֹא יִלְבַּשׁ גֶּבֶר שִׂמְלַת אִשָּׁה כִּי תוֹעֲבַת יְהֹוָה אֱלֹהֶיךָ כָּל עֹשֵׂה אֵלֶּה:
A man’s attire shall not be on a woman: making her appear like a man, thereby enabling her to go among men, for this can only be for the [purpose of] adultery. — [Nazir 59a] לא יהיה כלי גבר על אשה: שתהא דומה לאיש כדי שתלך בין האנשים, שאין זו אלא לשם ניאוף:
nor may a man wear a woman’s garment: to go and abide among women. Another explanation: [In addition to not wearing a woman’s garment,] a man must also not remove his pubic hair or the hair of his armpits [for this is a practice exclusive to women]. — [Nazir 59a] ולא ילבש גבר שמלת אשה: לילך ולישב בין הנשים. דבר אחר שלא ישיר שער הערוה ושער של בית השחי:
because… is an abomination: The Torah forbids only [the wearing of] clothes that would lead to abomination [i.e., immoral and illicit behavior]. — [Nazir 59a] כי תועבת: לא אסרה תורה אלא לבוש המביא לידי תועבה:
6If a bird's nest chances before you on the road, on any tree, or on the ground, and [it contains] fledglings or eggs, if the mother is sitting upon the fledglings or upon the eggs, you shall not take the mother upon the young. וכִּי יִקָּרֵא קַן צִפּוֹר | לְפָנֶיךָ בַּדֶּרֶךְ בְּכָל עֵץ | אוֹ עַל הָאָרֶץ אֶפְרֹחִים אוֹ בֵיצִים וְהָאֵם רֹבֶצֶת עַל הָאֶפְרֹחִים אוֹ עַל הַבֵּיצִים לֹא תִקַּח הָאֵם עַל הַבָּנִים:
If a bird’s nest chances before you: This excludes [a bird nest that is] ready at hand. - [Chul. 139a, Sifrei 22:55] כי יקרא: פרט למזומן:
you shall not take the mother: while she is on her young, [whereas if she is only hovering overhead, you may take her from upon her young]. - [Chul. 140b] לא תקח האם: בעודה על בניה:
7You shall send away the mother, and [then] you may take the young for yourself, inORDER
that it should be good for you, and you should lengthenYOUR days. זשַׁלֵּחַ תְּשַׁלַּח אֶת הָאֵם וְאֶת הַבָּנִים תִּקַּח לָךְ לְמַעַן יִיטַב לָךְ וְהַאֲרַכְתָּ יָמִים:in order that it should be good for you, [and you should lengthen your days]: If in the case of a commandment easy [to fulfill, like this one] for which there is no monetary expense, Scripture says,“[Do this] in order that it should be good for you, and that you should lengthen your days,” then how much greater is theREWARD
for [the fulfillment of] commandments that are more difficult to observe [or for which there is a monetary expense]. — [Sifrei 22:64, Chul. 142a] למען ייטב לך: אם מצוה קלה שאין בה חסרון כיס, אמרה תורה למען ייטב לך והארכת ימים, קל וחומר למתן שכרן של מצות חמורות:Daily Tehillim: Psalms Chapters 49 - 54• 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 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot REDEEM his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they STUDY, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
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 25, 26 and 27.
Chapter 25
The verses in this psalm are arranged according to the alphabet, excluding the letters Bet, Vav, and Kuf, which together equal the numerical value of Gehenom (purgatory). One who recites this psalm daily will not see the face of purgatory.
1. By David. To You, Lord, I lift my soul.
2. My God, I have put my trust in You. May I not be put to shame; may my enemies not gloat over me.
3. Indeed, may all who hope in You not be put to shame; let those who act treacherously without reason be shamed.
4. O Lord, make Your ways known to me; teach me Your paths.
5. Train me in Your truth and teach me, for You are the God of my salvation; I yearn for You all day.
6. O Lord, remember Your mercies and Your kindnesses, for they have existed for all time.
7. Do not recall the sins of my youth, nor my transgressions; remember me in accordance with Your kindness, because of Your goodness, O Lord.
8. Good and upright is the Lord, therefore He directs sinners along the way.
9. He guides the humble with justice, and teaches the humble His way.
10. All the paths of the Lord are kindness and truth for those who observe His covenant and testimonies.
11. For the sake of Your Name, O Lord, pardon my iniquity, for it is great.
12. Whoever is a God-fearing man, him will He teach the path that he should choose.
13. His soul will abide in well-being, and his descendants will inherit the earth.
14. The secret of the Lord is to those who fear Him; He makes His covenant known to them.
15. My eyes are always turned to the Lord, for He releases my feet from the snare.
16. Turn to me and be compassionate to me, for I am alone and afflicted.
17. The sufferings of my heart have increased; deliver me from my hardships.
18. Behold my affliction and suffering, and forgive all my sins.
19. See how numerous my enemies have become; they hate me with a violent hatred.
20. Guard my soul and deliver me; may I not be put to shame, for I place my trust in You.
21. Let integrity and uprightness guard me, for my hope is in You.
22. Redeem Israel, O God, from all its afflictions.
Chapter 26
In this psalm King David inundates God with prayers and acts of piety, because he envies those who are his spiritual superiors, saying, "If only I were on their level of piety and virtue!"
1. By David. Judge me, O Lord, for in my innocence I have walked, and in the Lord I have trusted-I shall not falter.
2. Try me, O Lord, and test me; refine my mind and heart.
3. For Your kindness is before my eyes, and I have walked constantly in Your truth.
4. I did not sit with men of falsehood, and with hypocrites I will not mingle.
5. I detested the company of evildoers, and with the wicked I will not sit.
6. I wash my hands in purity, and circle Your altar, O Lord,
7. to give voice to thanks, and to recount all Your wonders.
8. I love the shelter of Your House, O Lord, and the place where Your glory resides.
9. Gather not in my soul with sinners, nor my life with men of bloodshed,
10. In whose hands are schemes, and whose right hand is filled with bribes.
11. But I walk in my innocence; redeem me and show me favor.
12. My foot stands on level ground; in assemblies I will bless the Lord.
Chapter 27
King David acknowledges and praises God, placing his trust in Him because of his victories in war. "Nevertheless, it is not wars that I desire, for I cannot gain perfection with them. Only one thing do I ask: to abide day and night in the study hall studying Torah, to gain perfection so that my soul may merit the life of the World to Come."
1. By David. The Lord is my light and my salvation-whom shall I fear? The Lord is the strength of my life-whom shall I dread?
2. When evildoers approached me to devour my flesh, my oppressors and my foes, they stumbled and fell.
3. If an army were to beleaguer me, my heart would not fear; if war were to arise against me, in this I trust
1
4. One thing I have asked of the Lord, this I seek: that I may dwell in the House of the Lord all the days of my life, to behold the pleasantness of the Lord, and to visit His Sanctuary.
5. For He will hide me in His tabernacle on a day of adversity; He will conceal me in the hidden places of His tent; He will lift me upon a rock.
6. And then my head will be raised above my enemies around me, and I will offer in His tabernacle sacrifices of jubilation; I will sing and chant to the Lord.
7. Lord, hear my voice as I call; be gracious to me and answer me.
8. In Your behalf my heart says, "Seek My countenance"; Your countenance, Lord, I seek.
9. Do not conceal Your countenance from me; do not cast aside Your servant in wrath. You have been my help; do not abandon me nor forsake me, God of my deliverance.
10. Though my father and mother have forsaken me, the Lord has taken me in.
11. Lord, teach me Your way and lead me in the path of righteousness, because of my watchful enemies.
12. Do not give me over to the will of my oppressors, for there have risen against me false witnesses, and they speak evil.
13. [They would have crushed me] had I not believed that I would see the goodness of the Lord in the land of the living.
14. Hope in the Lord, be strong and let your heart be valiant, and hope in the Lord.
Tanya: Iggeret HaKodesh, middle of Epistle 12• Lessons in Tanya
• Monday, Elul 9, 5775 · August 24, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 12
והנה אתערותא דלעילא, לעורר גילוי הארה רבה והשפעה עצומה הנ״ל מאור אין סוף ברוך הוא
Now, the arousal from above, that elicits a manifestation of this great illumination and immense diffusion from the [infinite] Ein Sof-light
לעשות שלום הנ״ל
in order to bring about the above-mentioned peace,
היא באתערותא דלתתא
is effected by an arousal from below —
במעשה הצדקה
by the act of charity,
והשפעת חיים חן וחסד ורחמים
and by the benevolent bestowal by one man to another of “life, graciousness, kindness and compassion”1
למאן דלית ליה מגרמיה כלום
to him who has nothing of his own,
ולהחיות רוח שפלים כו׳
thereby “to revive the spirit of the lowly, [and to revive the heart of the downcast].”2
When one gives tzedakah to a pauper3 “while raising his spirits” with a few warm and supportive words, so that he is given not only “life” but “graciousness, kindness and compassion” as well, then this arousal from below results in an arousal from above. This releases an intense illumination of the infinite Ein Sof-light into the Supernal Attributes, thereby making peace between them, and tempering and sweetening the Gevurot in the Chassadim.
The Alter Rebbe will now go on to explain the effect of the “act” of tzedakah upon the individual benefactor himself, in terms of his battle with the evil of his animal soul.
The animal soul may be refined, and the good within it separated and elevated from its evil, in one of two ways:
One possible direction of attack is “from below to above” (milmatah lemaalah), whereby each attribute of the divine soul does battle with its counterpart in the animal soul, seeking to refine and elevate it. For example: the divine soul’s love for G‑d seeks to purify the animal soul’s attribute of Chesed with its fleshly desires; the divine soul’s fear of G‑d seeks to refine the animal soul’s evil kinds of fear; and so on.
Then there is a manner of purification that proceeds “from above to below” (milmaalah lematah), whereby one draws down a Divine light upon oneself so that the attributes of the animal soul spontaneously become purified and elevated within this light.
This approach anticipates the Time to Come, when the world as a whole will become purified of all evil through the G‑dliness that will then be manifest, until ultimately,4 “I shall remove the spirit of impurity from the earth.”
A similar manner of refining the animal soul exists today. It is accomplished through studying Torah lishmah, “for its own sake.” By studying in this way — altruistically, without thought of even spiritual gain — the individual draws down a G‑dly illumination that enables him not only to overwhelm the evil within him, but also to sift out the good within his animal soul from the evil in which it had been encumbered.
In the same way, when a Jew practices the “act” of tzedakah he draws down upon himself a G‑dly enlightenment that becomes revealed within him during prayer, and this enables him to extract the good within his animal soul from the surrounding evil and to elevate it.
ומודעת זאת מה שאמרו רז״ל על העוסק בתורה לשמה
It is well-known that our Sages, of blessed memory, said5 of a person who engages in the study of Torah for its own sake,
משים שלום בפמליא של מעלה ובפמליא של מטה
that “he makes peace within the heavenly retinue and within the terrestial retinue.”
פמליא של מעלה, הם השרים והמדות הנ״ל
The “heavenly retinue” comprises the above-mentioned “princes” and attributes,
שהן ההיכלות עליונים בעולם הבריאה שבזהר הקדוש
for these are the supernal heichalot (lit., “chambers”) in the World of Beriah, as stated in the sacred Zohar.
Peace there consists of the harmonious relationship that is established when Gevurah merges into Chesed and becomes sweetened and tempered by it.
ופמליא של מטה, הן ההיכלות התחתונים
The “terrestial retinue” comprises the lower heichalot,
ובפרט עולם הזה השפל
and especially this lowly world
המעורב טוב ורע מחטא אדם הראשון
which, since the sin of Adam, is mingled of good and evil,
As a result of Adam’s sin, there is no good in this world without evil and no evil without good.
והרע שולט על הטוב
and the evil rules over the good,
כמו שכתוב: אשר שלט האדם באדם גו׳
as it is written,6 “While man rules over man....” I.e., the “man of wickedness,” representing the forces of kelipah, rules over the “man of holiness” — and harms him, too, as the verse concludes.
ולאום מלאום יאמץ
[It is also written],7 “And nation will overpower nation,” as the balance of power fluctuates between the forces of good and the forces of evil.
וכנראה בחוש באדם התחתון, הנקרא בשם עולם קטן
This is empirically evident with terrestrial man, who is called a microcosm,8
שלפעמים הטוב גובר, ולפעמים להיפך, חס ושלום
for sometimes the good [within him] prevails, and sometimes the reverse, heaven forfend.
ואין שלום בעולם עד עת קץ
Therefore there will be no peace in the world until the ultimate time (lit., “the time of the End”), when evil will cease to exist,
שיתברר הטוב מהרע
when the good shall be refined from the evil
לידבק בשרשו ומקורו, מקור החיים ברוך הוא
in order to cleave to its root and source, the Divine Source of Life.
ואזי יתפרדו כל פועלי און, ורוח הטומאה יעבור מן הארץ
At that time9 “all evildoers shall be scattered,” and10 the spirit of impurity shall pass from the earth,
כשיתברר מתוכו בחינת הטוב המחייהו
when the element of the good which sustains it will be extracted from its midst.
Evil will then cease to exist as a matter of course, for its entire existence is dependent on the good found within it.
ובירור זה יהיה גם כן על ידי גילוי אלקותו למטה
This refinement itself, of the good from the evil, will also take place through a manifestation of Divinity below,
For just as the refinement as a whole is accomplished through our actions and efforts throughout the time of exile,11 so, too, the actual refinement will result from the revelation of G‑dliness in this world.
בהארה רבה והשפעה עצומה
with a great illumination and immense effulgence,
כמו שכתוב: כי מלאה הארץ דעה את ה׳
as it is written,12 “For the earth shall be filled with the knowledge of G‑d,”
ונגלה כבוד ה׳ גו׳
and13 “The glory of G‑d shall be revealed....”
וזהו בכללות העולם לעתיד
Now, this is as regards the future of the world, in general.
In the Time to Come the good will be refined and elevated from the evil through the revelation of G‑dliness that will then be manifest.
אך באדם התחתון
But as regards terrestrial man,
בכל עת מצוא
at every “time of finding,” every propitious time for finding G‑d,14
זו תפלה
meaning prayer,15
או שאר עתים מזומנים להתבודד עם קונו
or at other times designated for secluding oneself with one’s Maker,
כל אחד לפי מעשיו זוכה למעין בירור זה, על ידי עסק התורה לשמה
every individual, in proportion to his deeds, is granted a foretaste of this refinement by engaging in the study of Torah for its own sake.
The Divine revelation that permeates his soul enables him to refine and elevate the good from the evil.
וכן על ידי הצדקה
The same is accomplished by means of charity,
כמו שכתוב: ר׳ אליעזר יהיב פרוטה לעני, והדר מצלי
as it is related,16 “R. Eliezer would give a coin to a poor man, and then pray,
דכתיב: אני בצדק אחזה פניך
for it is written,17 ‘Through tzedek will I behold Your Countenance.”’
The Hebrew צדק literally means “righteousness”, but shares a common root with tzedakah (“charity”). By prefacing prayer with tzedek, one is granted during prayer a spiritual perception that penetrates to the innermost aspect of G‑dliness — “Your Countenance” (for the Hebrew פנים connotes both “face” and “interior”).
היא בחינת גילוי הארה והשפעת הדעת והתבונה
This [revelation during prayer] is a manifest illumination and effusion of knowledge and understanding,
להתבונן בגדולת ה׳
[enabling one] to meditate on the greatness of G‑d,
ולהוליד מזה דחילו ורחימו שכליים
in order to beget thereby an intellectually-generated awe and love,
כנודע
as is known.
ועל ידי זה, נברר הטוב לה׳, ונפרד הרע
And through this the good is extracted for G‑d and elevated to Him, and the evil is separated,
כמו שכתוב: מצרף לכסף וכור לזהב, ואיש לפי מהללו
as it is written,18 “The crucible is for [refining] silver and the melting-pot is for gold, and man [is refined] according to his praise.”
פירוש: לפי הילולו את ה׳ בעומק הדעת
This means, “according to his praise of G‑d” during prayer with profound knowledge
להוליד דחילו ורחימו
in order to beget awe and love.19
ככה נברר הטוב ונפרד הרע
In this way the good is extracted and the evil is separated,
כבירור ופירוד הסיגים מכסף וזהב במצרף וכור
just as dross is separated from silver and gold in a crucible or melting-pot.
| FOOTNOTES | |
| 1. | Note of the Rebbe: “Significantly, [these are the very blessings requested in the final benediction of Shemoneh Esreh,] the one beginning with the words, Sim Shalom” (Siddur Tehillat HaShem, p. 60). |
| 2. | Yeshayahu 57:15. |
| 3. | Bava Batra 9b. |
| 4. | Cf. Zechariah 13:2. |
| 5. | Note of the Rebbe: “Sanhedrin 99b. See Likkutei Torah, Mattot, s.v. Heichaltzu.” |
| 6. | Kohelet 8:9. See also Epistle 25 below, et al. |
| 7. | Bereishit 25:23. |
| 8. | Tanchuma, Pekudei 3; Tikkunei Zohar, Tikkun 69 (pp. 100b-101a). |
| 9. | Tehillim 92:10. |
| 10. | Cf. Zechariah 13:2. |
| 11. | See above, Tanya, Part I, beginning of ch. 37. |
| 12. | Yeshayahu 11:9. |
| 13. | Ibid. 40:5. |
| 14. | Note of the Rebbe: “Commentaries on Tehillim 32:6.” |
| 15. | Note of the Rebbe: “Iggeret HaKodesh, Epistle 25, at length.” |
| 16. | Bava Batra 10a. |
| 17. | Tehillim 17:15. |
| 18. | Mishlei 17:3. |
| 19. | Note of the Rebbe: “For these are spiritual gold and silver (Torah Or, beginning of Parshat Vayeishev, et al.).” |
• Sefer Hamitzvos:
Today's Mitzvah
Monday, Elul 9, 5775 · August 24, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 266
Coveting
"You shall not desire your neighbor's house"—Deuteronomy 5:18.
It is forbidden to entertain thoughts regarding devising plots on how to acquire a coveted item that belongs to a fellow.
Coveting
Negative Commandment 266
Translated by Berel Bell
The 266th prohibition is that we are forbidden to occupy our thoughts with our desire for someone else's property and to develop a craving for it, and dwell upon it, since this will lead us to carry out a plan to acquire it.
The expression used for this prohibition is G‑d's statement,1 "Do not desire (lo sisaveh) YOUR neighbor's house."
These two prohibitions [lo sach'mod and lo sisaveh] do not have the same goal.2 The first prohibition, lo sach'mod, forbids buying someone else's belongings, whereas the second, lo sisaveh, prohibits even having the feeling of desire and envy.
The Mechilta says, "Here it says 'Do not envy [lo sach'mod] your neighbor's house,' and later it says, 'Do not desire [lo sisaveh] your neighbor's house.' This makes the desire and the envy separate prohibitions." It also says there, "How do we know that a person's desire will lead him to envy? Since the Torah says 'Do not desire' [lo sisaveh] and 'Do not be envious' [lo sach'mod]. How do we know that if he is envious he will ultimately commit robbery? Since the Torah says,3 "They envied fields and robbed them."
The explanation of this passage is as follows: If one sees a fine object that belongs to his brother, and allows his thoughts to gain control over him, and develops a desire for it, he transgresses G‑d's statement (exalted be He), "Do not desire" [lo sisaveh].
Then his love for the object will become stronger and he will carry out a plan to acquire it — coaxing him and pushing him to sell it or to trade it for something better and more expensive. Should he reach his goal, when he acquires it, he also transgresses the prohibition, "Do not be envious," since by pushing and scheming he acquired his friend's object even though he had no intention of selling it. At this point, he has transgressed two prohibitions, as we have explained.
If, however, the owner, because of his love for the object, refuses to sell or trade it, then his great desire for it will cause him to take it by force and violence. At that point he also transgresses the prohibition, "Do not commit robbery." Think about this in relation to the story of Achav and Navos.4
We have therefore explained the difference between lo sisaveh and lo sach'mod.
FOOTNOTES
1.Ibid., 5:18.
2.In which case they would not count as separate mitzvos. See the Ninth Introductory Principle.
3.Michah 2:2.
4.Kings I, Ch. 21.
Naarah Betulah - Chapter One
Halacha 1
When a man seduces a virgin,1 he is fined 50 sela'im of pure silver.2 This is called a k'nas ("fine"). The same law applies if he rapes her.
Payment of this fine is one of the Torah's positive commandments,3, as [Deuteronomy 22:29] states: "The man who raped her must give the maiden's father 50 silver pieces."
Halacha 2
What is meant by a seducer, and what is meant by a rapist? A seducer is one whoENTERS into relations with a girl with her consent; a rapist is one who takes her by force.
into relations with a girl with her consent; a rapist is one who takes her by force.
Whenever a man entered into relations with a woman in a field, we operate under the presumption that he raped her, and apply those laws4 unless witnesses testify that she entered into relations with him willingly.5 Whenever a manENTERS into relations with a woman in a city, we operate under the presumption that she consented, because she did not cry out, unless witnesses testify that she was raped - e.g., he pulled out a sword and told her, "If you cry out, I will kill you."
into relations with a woman in a city, we operate under the presumption that she consented, because she did not cry out, unless witnesses testify that she was raped - e.g., he pulled out a sword and told her, "If you cry out, I will kill you."
Halacha 3
When a girl who was seduced does not want to marry the seducer, or her father does not want to give her in marriage to him,6 or if [the seducer] does not want to marry her, he may pay the fine and depart. We do not force him to marry her.7
If they do desire [to wed], and he marries her, he does not pay a fine.8 Instead, he writes her a ketubah, as is written for other maidens.9
When, however, a woman who is raped or her father do not desire that she marry the rapist, they have that prerogative. [In such an instance,] he must pay the fine and depart. If she and her father desire [that the marriage take place], but he does not desire, we force him to marry her, aside from paying the fine, as [Deuteronomy 22:29] states: "He must take [the maiden] as his wife"; this is aPOSITIVE commandment.10
commandment.10
Halacha 4
[This girl] is not granted a ketubah. For our Sages instituted the requirement of a ketubah so that [a husband] will not consider divorce a frivolous matter. [In this instance this is unnecessary, because] the man cannot divorce [his wife].
Halacha 5
If the girl he raped was forbidden to him,14 even if the prohibition stems from a positive commandment, or she was a sh'niyah [or forbidden by other Rabbinic prohibitions],15 he should not marry her. Similarly, if he discovers adulterous behavior16 on her part after he marries her, he should divorce her. [These concepts are implied by the phrase: "He must take [the girl] as his wife" [which our Sages interpreted to mean]: "She must be fit to be his wife."
Halacha 6
Halacha 7
Although it is said with regard to a rapist: "He may not send her away as long as he lives," since [this prohibition] is preceded by a positive commandment, as it is said, "He must take [the girl] as his wife," the Torah made the prohibition [rectifiable] by the observance of the positive commandment. Thus, this is a negative commandment [whose violation] can be rectified by [the observance of] a positive commandment. Lashes are not given [as punishment for the violation of such a commandment] unless one does not fulfill the positive commandment, as will be explained in Hilchot Sanhedrin.19
Therefore, when a rapist violates [this prohibition] and divorces [his wife], he is compelled to remarry her and is not punished by lashes. If, however, his divorcee dies or is consecrated by another man20 before he remarries her, or if he is a priest, who is forbidden to marry a divorcee, he should be punished by lashes. For he transgressed the negative commandment, and is unable to fulfill the positive commandment associated with it.21
Halacha 8
Neither a rapist nor a seducer is liable to pay the fine unless he engages in relations in the ordinary fashion,22 and the relations are observed by witnesses.23 A warning is not necessary.24
At what age is a girl fit to be paid a fine? From the age of three25 until she reaches the age of bagrut.26 If a man engages in relations with a girl less than three years old, the relations are not significant.27 If he engages in relations with her after she reaches the age of bagrut, he is not fined. For [Deuteronomy 22:28] states: "A virgin maiden," thus excluding a girl who has reached maturity.
Halacha 9
Whether or not [a girl's] father is alive, a fine must be paid.28
A fine need not be paid [because of relations] with the following women: abogeret, a girl who has dissolved a marriage through mi'un,29 an aylonit,30 a mentally incompetent girl, a deaf mute,31 a girl who was reputed to have conducted herself immodestly while young, concerning whom two witnesses testify that she sought sexual relations with them,32 a girl who was married and divorced, but is still a virgin maiden.33
Halacha 10
[The following rules apply with regard to] a convert, a girl who was taken captive, and a [Canaanite] maidservant who was freed:37 If she was converted, redeemed or freed before she reached the age of three, she is entitled to a fine.38
If she was three years old [or older] when she was converted, redeemed or freed, she is not entitled to a fine. Since relations that she engages in at this time are significant, she is placed into the category of non-virgins.
Halacha 11
[The following rules apply when] the virgin [who was raped or seduced] was forbidden to the rapist or the seducer. If the prohibition was punishable by karet- e.g., she was his sister, his aunt, in the niddah state or the like - or she was forbidden by virtue of a negative commandment [that does not involve eitherkaret or execution], he is not liable for a fine if he was given a warning.39[Instead,] he should be lashed. [The rationale is that] a person is never punished [for the same transgression] by both lashes and a monetary assessment.
If he was not warned, since he is not to be given lashes, he should pay the fine.
Halacha 12
[When the girl raped] was forbidden because of a positive commandment, or she was a sh'niyah or forbidden because of another Rabbinic commandment, [the rapist] is obligated to pay the fine whether he was warned against the transgression or not, because he is not punished by lashes.
Halacha 13
[When the girl raped] was forbidden because of a prohibition punishable by execution by the court - e.g., she was his daughter, daughter-in-law,40 or the like - he is not liable for the fine, regardless of whether or not he received a warning.
[This is derived from Exodus 21:22, which] states: "If there will not be a [fatal] accident, he should be punished."41 Implied is that if there is a [fatal] accident, no punishment should be levied.42 [This applies] although the woman was killed unintentionally, [i.e.,] the man did not intend to strike her,43 as it is written [Ibid.]: "If men strive and a woman receives a blow...." This teaches that with regard to a [fatal] accident, Scripture did not differentiate between an intentional and unintentional act to free him from monetary obligation.
And [Leviticus 24:18-21] says: "A person who [fatally] strikes an animal shall reimburse [its owner] for it, and one who [fatally] strikes a man must die." Just as Scripture did not distinguish between intentional and unintentional action for killing an animal to make him liable for payment, so too, it did not distinguish between intentional and unintentional action for killing a person to free him from financial obligation.
Halacha 14
This law applies with regard to every transgression that is punishable by execution by the court. There is no financial obligation.44
Halacha 15
If [a girl] dies after she [was seduced or raped], [the seducer or the rapist] is not liable for the fine, [as implied by Deuteronomy 22:29]: "the man who raped her must give the maiden's father...." [The verse states] "the father of the maiden," and not "the father of the dead maiden." [This applies] when she dies before the case came to court.45
| FOOTNOTES | |
| 1. |
Between the ages of three and twelve and a half, as evident from Halachah 8. See Ramah (Even HaEzer 177:1).
|
| 2. |
See Hilchot Eruvin 1:12 and Hilchot Shekalim 1:2, where the Rambam describes the weight of this coin. According to the figures he gives in his Commentary on the Mishnah (Bechorot 8:8), in contemporary measure a sela is 19.2 grams. According to the Piskei Siddur of Rabbi Shneur Zalman of Liadi, it is 20.4 grams.
|
| 3. |
See Sefer HaMitzvot (Positive Commandment 220), which describes this mitzvah as "the commandment we have been given with regard to a man who seduces [a virgin]." (See also Sefer HaChinuch, Mitzvah 61.)
Both in the Mishneh Torah and in Sefer HaMitzvot, the payment of the fine by a seducer, a rapist and one who issues a slanderous report appears to be included in the same mitzvah (Nachalat Efrayim).
Hilchot Sanhedrin 5:8 states that the cases involving laws governing a seducer and a rapist are to be tried by judges with semichah, a qualification that is not possessed by Rabbinical judges in the post-Talmudic period. The Shulchan Aruch (Even HaEzer 177:2) states that in the present age, a seducer and a rapist should be compelled to satisfy the girl's father for the damage they have caused.
|
| 4. |
As mentioned in the following halachah, a rapist must marry the woman he raped, while a seducer need not. And, as mentioned in Chapter 2, Halachah 1, a rapist must also reimburse the woman for the pain and embarrassment he caused her.
|
| 5. |
The Ra'avad objects to the Rambam's ruling, explaining that unless there are witnesses to the relations, the woman has no way of proving her claim against the man. The Migdal Oz explains that this refers to an instance where witnesses saw the man and the woman engage in relations from afar and were not able to determine whether she was seduced or raped.
The assumptions mentioned by the Rambam are based on the passage (stated with regard to a consecrated maiden, Deuteronomy 23:24-27): "This is the law when a virgin maiden was consecrated to one man and another man meets her in the city and has relations with her. Both of them should be executed, [i.e., we assume the girl consented]... because she did not cry out in the city.... If the man encountered the maiden who was consecrated in the field..., the girl has not committed a sin... for the man attacked her in the field..., where there was no one to come to her aid."
|
| 6. |
Exodus 22:16 states: "If her father refuses to allow him to marry her...," and Ketubot 39b explains that the girl is also given the option of rejecting the man.
|
| 7. |
The simple meaning of the passage from Exodus implies that the seducer should marry the girl, but Ketubot 40a explains that this is not a binding obligation.
|
| 8. |
He does, however, pay damages, as stated in Chapter 2, Halachah 7.
|
| 9. |
I.e., she is given a ketubah of 200 zuzim, as is given to other virgin maidens (Hilchot Ishut 11:4), despite the fact that she was not a virgin at the time of the marriage (Ma'aseh Rokeach). Mishneh LaMelech explains that this concept is derived from Exodus 22:16, which states: "he must pay the usual dowry money for virgins."
Tosafot (Yevamot 60a) and the Nimukei Yosef differ and maintain that the girl is given a ketubah of only 100 zuzim as is given to non-virgins.
|
| 10. |
See Sefer HaMitzvot (Positive Commandment 218). See also Sefer HaChinuch (Mitzvah 557).
|
| 11. |
In this halachah, the Rambam uses the Biblical term tzara'at, although generally he uses the Rabbinic term mukeh sh'chin. See Chapter 3, Halachah 4, and the conclusion of Hilchot Ishut.
|
| 12. |
If, however, the woman wants to be divorced, the rapist may divorce her [Shulchan Aruch (Even HaEzer 177:3)].
|
| 13. |
See Sefer HaMitzvot (Negative Commandment 358). See also Sefer HaChinuch (Mitzvah 558).
|
| 14. |
The Torah does not require him to marry a woman with whom there is any prohibition whatsoever.
|
| 15. |
For all Rabbinic prohibitions have the source in the Torah's commandment to observe the rulings of our Sages.
|
| 16. |
For a husband is forbidden to engage in marital relations with an adulterous wife, as stated inHilchot Ishut 24:17. See the Beit Shmuel 177:4, who emphasizes that the intent is that witnesses observed the actual commission of adultery, not merely immodest behavior that suggests adultery.
See also Chapter 3, Halachah 5.
|
| 17. |
See Leviticus 21:13; Hilchot Ishut 1:8.
|
| 18. |
Although her lack of virginity is a result of his deed, she is still forbidden to him. See Hilchot Issurei Bi'ah 17:16.
|
| 19. |
Chapter 18, Halachah 2.
|
| 20. |
At which point her husband is forbidden to remarry her, as stated in Hilchot Gerushin 11:12.
|
| 21. |
Although he did not personally prevent the positive commandment from being observed, since he is no longer able to observe it, he must bear the consequences of his violation of the prohibition.
|
| 22. |
I.e., vaginal and not anal intercourse. The Rambam's ruling is not accepted by the Ra'avad and Rabbenu Asher, who cite Kiddushin 9b-10a in support of their conception.
The Kiryat Sefer supports the Rambam's ruling, based on Sanhedrin 73b, which states that the man is not liable until he inserts the entire penis into the vagina, explaining that it is only then that the woman will lose her virginity. Since she will never lose her virginity through anal intercourse, the man is not held liable.
|
| 23. |
For a person who admits his culpability in matters punishable by a fine is not liable. See Chapter 2, Halachah 12 and notes.
|
| 24. |
For a warning is necessary only before infliction of the punishments of execution or lashing.
|
| 25. |
Although there are times when the Hebrew term na'arah, translated as "maiden," has a more specific meaning (see Hilchot Ishut 2:1), Ketubot 40b explains that in this instance the intent is also a girl below the age of twelve.
Although most Rishonim agree with the Rambam, there are, however, significant authorities who rule that a fine need not be paid until the girl reaches the age of na'arut.
|
| 26. |
Generally, this refers to a girl of the age of twelve and a half who has manifested signs of physical maturity. If a girl does not manifest signs of physical maturity, she is not considered a bogeret until the age of 20 or 35. See Hilchot Ishut 2:1-4.
|
| 27. |
For her hymen will grow back, as implied by Hilchot Ishut 3:11.
|
| 28. |
Since the Torah states that the fine should be paid to the father, it is necessary to clarify that the fine must be paid even if the father is not alive.
|
| 29. |
As mentioned in Hilchot Gerushin 11;1, when a girl below the age of majority marries without being consecrated by her father, she can nullify the marriage without a formal divorce. This is calledmi'un. When she takes this option, even if we know that she is still a virgin, she is not entitled to receive the fine because she has been married previously.
|
| 30. |
A woman who does not manifest female sexual characteristics, as explained in Hilchot Ishut 2:5. Since an aylonit never becomes a na'arah, she is not entitled to a fine (Kessef Mishneh). The Ra'avad maintains that an aylonit should receive a fine until she reaches the age of twenty.
|
| 31. |
Since they are not mentally competent, we fear that they were raped previously without their knowing about it. Compare to Hilchot Ishut 11:4,8. Note the Ra'avad, who states that a person who rapes or seduces a deaf mute is liable for a fine.
|
| 32. |
See Chapter 2, Halachah 17.
|
| 33. |
Even if we are certain that she and her husband never engaged in sexual relations, she is not paid a fine. Compare to Hilchot Ishut 11:1.
|
| 34. |
We do not assume that she entered into relations with her husband before the stage of nisu'in.
|
| 35. |
Although Deuteronomy 22:28 speaks of the fine being paid to the girl's father, from the fact that the verse mentions "a maiden who was not consecrated," Ketubot 38a derives that when a maiden has been consecrated, the fine should be paid to the woman who was raped.
|
| 36. |
Since she consented to relations, she waives the payment of the fine. See Chapter 2, Halachot 10-11.
Note Rav David Arameah, who states that this applies only when she is a na'arah. If she is still a minor, her father receives the fine, and she does not have the potential to waive it through her consent.
|
| 37. |
As the Rambam states in Hilchot Ishut 11:2, we operate under the presumption that these women have engaged in relations previously: a convert and a Canaanite maidservant because non-Jews' morals are considered to be weak, and a woman held captive because she is at the mercy of her captors.
|
| 38. |
Even if she engaged in relations before the age of three, her hymen will grow back, as stated in the notes on Halachah 8.
|
| 39. |
As stated in Hilchot Sanhedrin 12:2 and 16:4, a person receives corporal punishment for the commission of a transgression only when he has been warned previously.
|
| 40. |
This refers to a girl who was divorced after consecration. If she was divorced after nisu'in, the second stage of the marriage, she is not entitled to a fine as stated in Halachah 9.
|
| 41. |
The verse speaks of the woman's miscarrying. If she herself does not die, the man who caused her to miscarry must pay her damages.
|
| 42. |
I.e., if the woman dies, her heirs need not be reimbursed. Since the man is liable for a sin of a more severe nature, he is not held liable for damages (Hilchot Sanhedrin 16:5).
|
| 43. |
Although the general principle stated in this halachah is accepted without dispute, the particular case of the pregnant woman is a matter of question. The Rambam himself states (Hilchot Chovel UMazik 4:5-6) that if the man did not intend to strike the woman, he is liable to pay damages to her heirs.
In that source, he explains that the leniency granted by the verse applies when the man intended to strike the woman, but did not intend to kill her.
|
| 44. |
In contrast, with regard to a transgression punishable by lashes: if it is performed unintentionally, one is still held liable for the financial repercussions.
|
| 45. |
Once, however, the case is heard before the court, the rapist is held liable if proven guilty, even if the maiden dies. The fine is given to the girl's heirs (Kessef Mishneh).
|
Gezelah va'Avedah - Chapter Ten
Halacha 1
The following law applies when a powerful and violent gentile took over property belonging to a Jew by force, seizing his field because the owner owed him aDEBT, caused him damages or caused him financial loss. If, after taking possession of the field, the gentile sold it to another Jew, the owner cannot expropriate it from the purchaser.
, caused him damages or caused him financial loss. If, after taking possession of the field, the gentile sold it to another Jew, the owner cannot expropriate it from the purchaser.
Halacha 2
When does the above apply? When the owner admits that the gentile who sold the property told the truth, or when two Jewish witnesses substantiate the truth of the gentile's claims.
Similarly, if there was a king or a ruler in that locale who could summon the gentile to court, and the owner did not lodge a claim against him, he cannot expropriate the property from the person who purchased it from the gentile. This applies even though the owner does not admit the truth of the gentile's claim, and even though there are no witnesses that the gentile told the truth. For the purchaser can tell the owner: "If the gentile is a robber, why did you not sue himACCORDING to the laws of the land?"
to the laws of the land?"
Halacha 3
The following laws apply with regard to gentiles who oppress the Jewish people and seek to kill them, unless they ransom themselves from the gentiles by ceding title to a field or a home, and giving it to the gentiles in return for their release.
When the oppressor desires to sell this land and the owner has the means to purchase the property, he is given priority over all others. If the owner does not have the means to purchase the property, or the property has remained in the possession of the oppressor for more than twelve months, whoever comes first andPURCHASES the property from the oppressor acquires it.
the property from the oppressor acquires it.
The purchaser must, however, give the original owner a fourth of the land or a third of the funds. For the oppressor sells the land cheaply; since the land is not his, he will sell it for approximately a fourth less than its value. This portion belongs to the original owner, because the reason it was sold cheaply was that it belonged to him.
Therefore, a person who acquires it from the oppressor for 30 zuz must pay 10 to the original owner or give him one fourth of the land. If this is done, the purchaser acquires full title to the land. If he fails to do this, the quarter of the land is considered to be property obtained by robbery.
Halacha 4
The following rules apply if a squatter enters a field belonging to a colleague without permission and plants trees there. If the field was one appropriate for trees to be planted, we evaluate how much a person would be willing to pay for trees to be planted in this field, and he collects this amount from the owner of the field. If this field is not suitable for planting, the squatter's improvement of the field should be evaluated, and he is judged at a disadvantage.
Halacha 5
Moreover, if the owner of the field tells the squatter: "Uproot your tree and go," the owner's wishes are heeded.If the squatter says: "I want to uproot my tree," his wishes are not heeded, because uprooting trees weakens the fertility of the land.
Halacha 6
Courtyards are considered to be appropriate for construction and to add homes and lofts. Therefore, the geonim ruled that a squatter who builds in a colleague's courtyard without his consent is regarded like a person who plants trees in a field appropriate for planting. If the building is useful and is appropriate for that courtyard according to the local custom, we evaluate how much a person would give to have such a building constructed and require the owner to pay that sum to the squatter.
Halacha 7
When a person enters a colleague's field with the latter's permission, his improvement of the field should be evaluated, and he should be given the advantage in evaluating the amount of money due him. This applies even if he planted trees in a field that was unfit for planting.
If his expenses exceed the field's increase in value, he is reimbursed for his expenses. If the field's increase in value exceeds his expenses, he is reimbursed for the field's increase in value.
A husband who tills property belonging to his wife, and a partner who tills a field in which he owns a share are considered to have been given permission to enter the land. Their improvement of the field should be evaluated and they should be given the advantage in evaluating the amount of money due them.
Halacha 8
When a squatter enters a field belonging to a colleague without permission and plants trees or builds there and the owner of the field comes afterwards and completes the building or guards the trees planted, or performs any other activity that indicates that he is pleased with the squatter's activity and considers it desirable, the squatter's improvement of the field should be evaluated and he should be given the advantage in evaluating the amount of money due him.
Halacha 9
When a squatter enters a ruined building belonging to a colleague and rebuilds it without permission, the improvement he has brought about should be evaluated, and he is judged at a disadvantage.
If the owner of the building says: "I am taking my stones and wood," his words are heeded with regard to a house,but this principle is not applied with regard to a field, for building and destroying a structure in a field weakens the fertility of the land.
If the owner of the land tells him: "Remove what you built,"his words are heeded.
Halacha 10
Whenever the improvements a person brought about are evaluated - whether he is judged at an advantage or at a disadvantage - he is not entitled to collect any money unless he first takes an oath while holding a sacred object, with regard to the amount of his expenses.
If he says: "Let the judges come and evaluate the expenses. Whatever I spent is in the open. Let them evaluate the worth of the wood, the stones, the mortar, and the wages of the workers according to the lowest standards," his request is accepted, and he is entitled to collect his due without taking an oath. Similarly, if a person collects only the value of the improvement of the property, and he is judged at an advantage, he is not required to take an oath.
Halacha 11
The following rule applies whenever the improvements a person made are to be evaluated and he is entitled to collect money, and the owner of the field claims to have paid him, and the person who tilled the field claims that he did not receive anything. The claim of the person who tilled the field is accepted. He must take an oath that he did not receive anything, and he is entitled to collect his due. For we tell the owner of the field: "An evaluation of what he is due was not made yet. Thus, you did not know how much you were obligated to give. How could you have paid him?"
A different rule applies, however, if the evaluation was already made and the owner of the field was told to pay a specific amount to the person who tilled it. If the owner of the field claims to have paid him, although the person who tilled the field has not taken an oath yet, the claim of the owner is accepted. The owner must take a Rabbinic oath that he paid, and then he is freed of liability. The rationale is that land is always considered to be in the domain of its rightful owner.
Halacha 12
The following laws apply when a husband brings sharecroppers to till property belonging to his wife and then he divorces her. If the husband is himself a sharecropper, their involvement is also terminated when the husband's involvement with the land is terminated, for they agreed to work the field on the husband's invitation. Their improvement of the field should be evaluated, and they are judged at a disadvantage.
If the husband is not a sharecropper and they agreed to work the field because it was necessary, they receive the share that is usually given to a sharecropper.
Gezelah va'Avedah - Chapter Eleven
Halacha 1
It is a positive commandment to return an object lost by a fellow Jew, asDeuteronomy 22:1 states: "And you shall certainly return it."
A person who sees an object lost by a fellow Jew and ignores it, leaving it in its place, transgresses a negative commandment, as it states Ibid.:4: "Do not see your brother's ox... and ignore it." He also negates the fulfillment of a positive commandment. If he returns the object, he fulfills the positive commandment.
Halacha 2
If a person takes a lost object and does not return it, he negates the fulfillment of a positive commandment and transgresses two negative commandments: "You may not ignore it" Ibid.:3and Leviticus 19:13: "Do not rob."
Even if the owner of the lost object is wicked and eats non-kosher meat for his own satisfaction and the like, it is a mitzvah to return an object that he lost. If, however, he eats non-kosher meat as a conscious act of rebellion against God, he is considered a non-believer. And just as it is forbidden to return a lost object belonging to a gentile, it is forbidden to return a lost object belonging to a Jew who is a non-believer, heretic, idol-worshiper or violator of the Sabbath in public.
Halacha 3
It is permissible to keep an object lost by an idolater, for Deuteronomy 22:3speaks of returning "an object lost by your brother." Indeed, if one returns such an article, one transgresses a prohibition, for one strengthens the power of the wicked peoples of the world. If, however, one returns it to sanctify God's name, so that others will praise the Jewish people and know that they are trustworthy, this is praiseworthy.
When there is a possibility of the desecration of God's name,it is forbidden to keep an object lost by an idolater, and it must be returned. As part of "the ways of peace," we should always bring in their utensils from the outside, lest they be taken by thieves, as we do for utensils owned by Jews.
Halacha 4
A mistake in accounts made by a gentile is considered like a lost article, and it is permissible to benefit from it. This applies if he makes the mistake himself. It is, however, forbidden to cause him to make a mistake.
Halacha 5
What is implied? A gentile made an account and made an error in a Jew's favor. The Jew must tell him: "Look, I am relying on your account. I know only what you tell me." In an instance like this, if the gentile does not correct himself, it is permitted to take advantage of his error. If, however, one does not tell him this, it is forbidden. It is possible that the gentile's intent is to check the Jew's honesty. By keeping the money, one may cause God's name to be desecrated.
Halacha 6
The following rules apply in a town in which both Jews and gentiles live. If half the inhabitants are Jews and half are gentiles, and a person finds a lost object, he should take it and announce its discovery. If a Jew comes and describes marks by which the object can be identified, the finder is obligated to return it.
Halacha 7
Different rules apply if the majority of the inhabitants of the city are gentiles. If a Jew finds a lost object in a place where most of the people located there are Jewish, he is obligated to announce its discovery.
If he finds it on a public thoroughfare, a public market place or in a synagogue or a house of study where gentiles are often found, or in any place where many people are found, the finder may keep the object he discovers.
This applies even when another Jew comes and describes marks with which the object can be identified. We assume that the owner despaired of its return when it fell, for he will say: "A gentile found it."
Although a person is entitled to keep a lost article that he discovers, one who wishes to follow a good and an upright path should go beyond the measure of the law and return the lost article to a Jew, if he describes marks with which the object can be identified.
Halacha 8
If a person finds a jug of wine in a city where the majority of the inhabitants are gentile, it is forbidden to benefit from the wine; the container is permitted as is a lost object. If a Jew comes and describes marks with which the container can be identified, the wine is permitted to be drunk by the person who discovered it.
Halacha 9
When a fowl takes a piece of meat and casts it into another field, it is permitted to be kept as is a lost object. This applies even when most of the inhabitants of the town are Jewish, for the owners will have despaired of its return.
Halacha 10
A person who finds a lost article on the bed of the sea or in a flooding river that does not cease may keep it. This applies even if the article has a mark with which it can be identified.
This concept is derived from Deuteronomy 22:3, which commands us to return "an article that one loses and is found," thus excluding an instance as the one above in which the article is lost not only to its owner, but to all men. In such an instance, the owner has surely despaired of its return.
Halacha 11
When a person intentionally abandons his property, there is no need to help him regain it.
What is implied? A person placed his cow in a cowshed that did not have a door. He did not tie it there and he left. Or he tossed his wallet away in the public thoroughfare and left. In all instances of this nature, he is considered to have intentionally abandoned his money. Although the person who saw this is forbidden to take the property himself, he is not obligated to return it.
This is implied by Deuteronomy 22:3, which states: "So shall you do with regard to every lost article belonging to your brother that he loses." The seeming redundancy in the verse excludes an article that is not lost accidentally, but rather intentionally abandoned.
Halacha 12
When a lost article is not worth a p'rutah, the finder is neither obligated to concern himself with it, nor to return it.
Halacha 13
The following rule applies when a person finds a sack or a large basket. If he is a sage or a respected elder, who would not usually carry such articles himself, he is not obligated to concern himself with them.
He should judge his status in the following way. If the article were his own and he would return it, so too, is he obligated to return an article belonging to a colleague. If, however, he would not forgo his honor even if the article were his own, he is not obligated to return a similar article belonging to a colleague.
The following rules apply when he would take such articles in a field, but not in a city. If he finds it in a city, he is not obligated to return it. If he finds it in a field, however, he is obligated to return it to its owner's domain, even though in doing so he will pass through a city, where it is not his habit to carry such articles.
Halacha 14
Similarly, if a person finds an animal and spurs it on, he becomes obligated to concern himself with it and to return it - even if doing so is not appropriate for his honor - for he began the performance of the mitzvah.
If a person returned an animal and it bolted away, he is obligated to return it again, even if this occurs 100 times. This is alluded to by Deuteronomy 22:1, which states: "And you shall certainly return it." The word השב implies that one must return it even 100 times.
A person who finds a lost animal must care for it until he returns it to a place where it is secure in its owner's domain. If he returns it to a place that is not secure - e.g., the person's garden or his ruin and it becomes lost again - he is responsible for the animal.
Halacha 15
If a person who discovered a lost article returns it in the morning to a place where its owners enter and leave each morning, he is not obligated to concern himself with it any more. For the owner will certainly see it. This applies even if it is placed in a location that is not secure.
When does the above apply? To any article that is not alive. A live animal, by contrast, must be cared for by the finder until it is returned to a secure place in the owner's domain. The owner need not be notified.
Halacha 16
If a person sees an animal that has escaped from its corral and he returns it to its place, he has fulfilled the mitzvah. The owner need not be notified.
Halacha 17
A person who seeks to follow a good and upright path and go beyond the measure of the law should return a lost article at all times, even if it is unbecoming to his dignity.
Halacha 18
When a priest sees a lost object in a cemetery, he should not make himself impure so that he can return it. The rationale is that at the time the priest would fulfill the mitzvah of returning a lost object, he would nullify the positive commandment "Be holy" Leviticus 21:6 and transgress the negative commandment: "A man may not defile himself for a corpse among his peopleibid.:4." And the observance of a positive commandment never supersedes a negative commandment that is reinforced by a positive commandment.
Halacha 19
If a person sees a lost object and his father tells him "Do not return it," he should return it instead of obeying his father. For by obeying his father and fulfilling the positive commandment "Honor your father" Exodus 20:12, he nullifies the positive commandment "And you shall certainly return it," and transgresses the negative commandment "You may not ignore it."
Halacha 20
When a person sees flood waters coming that will ruin a building or a field belonging to a colleague, he is obligated to put up a barrier before them to check the waters. This is implied by the mention (Deuteronomy 22:3) of "All objects lost by your colleague." "All" also includes the devastation of landed property.
Gezelah va'Avedah - Chapter Twelve
Halacha 1
The following rules apply when a person loses an article and then discovers his own lost article and that belonging to a colleague. If it is possible for him to return both, he should return both. If it is possible for him to return only one, his lost object takes priority, even over a lost object belonging to his father or his teacher. His own lost object takes priority over that of any other person.
Halacha 2
The following rules apply when a person discovers both a lost article belonging to his teacher and one belonging to his father and is capable of returning only one of them. If his father is equal in wisdom to his teacher, his father's lost object takes precedence. If not, his teacher's takes precedence. This applies provided we are speaking about his primary teacher, the one from whom he gained the majority of his Torah wisdom.
Halacha 3
If a person ignores his own lost article and instead returns the article belonging to his colleague, he is entitled only to the wage due him for his efforts.
What is implied? A river washed away his donkey and a donkey belonging to a colleague. His donkey was worth 100 zuz, while his colleague's was worth 200. If, instead of saving his own, he saved his colleague's, he should be reimbursed only for the wages due him for his efforts.
If he told his colleague - or made this condition in the presence of a court - "I will save your donkey, but you must reimburse me for my own," the colleague is obligated to reimburse him for his donkey. This applies even if the other donkey ascends from the river afterwards on its own. Since its owner did nothing to help it, the other person should be awarded the sum that he stipulated.
Halacha 4
If the owner of the other donkey attempted to save the more valuable donkey, but was not successful, he should be given only the wage fit to be paid him.
Similarly, if a person was occupied with his work, and he negated work that was worth a dinar to return a lost article worth 100 dinarim, he may not tell the owner: "Give me the dinar that I lost," but rather the owner should pay him as an unemployed worker of the trade in which he is employed. If he stipulated to the owner or in the presence of a court that he should receive the amount that he lost, and they agreed, he may collect it. If the owner or a court is not present, his own concerns take precedence.
Halacha 5
Similar laws apply when two people are progressing on a road, and one was carrying a jug of wine, and the other a jug of honey. If the jug of honey cracks and before the honey spills to the ground, the other person pours out his wine and collects the honey in his jug, he should be given only the wage he is fit to be paid.
If he tells the owner of the honey: "I will save your honey, if you pay me for my wine," or he makes such a stipulation in the presence of a court, the owner of the honey is obligated to pay him.
If the honey spills to the ground, it is considered ownerless, and whoever takes it, takes it as his own.
Halacha 6
Different rules apply if one person is carrying a jug of honey and his jug cracks, while another person was carrying empty jars. If the owner of the empty jars tells the owner of the honey: "I will not save this honey with my jars unless you give me half," "... a third," or "... so and so many dinarim," the owner of the honey is not obligated to keep this agreement. Even if he agrees, he is considered to have spoken facetiously and is not obligated to pay him more than the wage he is fit to be paid. The rationale is that he did not cause him any loss.
Halacha 7
Similar rules apply if a person was fleeing from prison and there was a raft near him. If he told the owner of the raft: "Take me across the river and I will pay you a dinar," and the raft owner takes him across the river, the fugitive is required to pay the raft owner only the wage he is fit to be paid.
If the raft owner was a fisherman, and the fugitive told him, "Stop fishing and take me across the river," the fugitive must pay him whatever he stipulates. The same principles apply in all analogous situations.
Halacha 8
The following rules apply when a caravan was traveling in a desert and they were confronted and attacked by an armed force. If the travelers cannot rescue their property from that force and one of them exerts himself and rescues everyone's property, he has rescued it for himself.
If the other members of the caravan can rescue their property, and one of them exerted himself and rescued all the property first, it should be divided among its rightful owners. This applies even if the one who rescued the property stated: "I am rescuing it for myself."
Halacha 9
Different rules apply if it was possible for the owners to rescue their property with difficulty. If one person rescues all the property, it should be divided among its rightful owners. But if the one who rescues the property states: "I am rescuing it for myself," he is allowed to keep it as his own.
The rationale is that the other owners heard him say: "I am rescuing it for myself." Accordingly, they should have exerted themselves to rescue their property. Since they chose to sit still and not attempt to rescue it, we may conclude that they had despaired of its recovery.
Halacha 10
Similarly, if two partners were traveling with goods and were attacked, and one of them rescues the goods, the property still belongs to the partnership. If he states: "I am rescuing it for myself," he has dissolved the partnership and is allowed to keep the goods as his own.
By the same logic, if a person hires a worker to rescue goods from a situation of certain loss, whatever he rescues belongs to the employer. If the worker says: "I am rescuing it for myself," he is terminating his employment. Whatever he rescues after making this statement belongs to him.
Halacha 11
The following rule applies when a caravan was camped in the desert and an armed force was poised to attack them. If they agreed to pay a ransom to the armed force, the ratio of each person's payment should be determined according to the value of the person's goods and not levied equally by head.
If they hired a guide to lead them on the journey, both the value of the persons' goods and the number of people should be considered when determining everyone's share of his wage. One should not, however, deviate from the standard practice followed by donkey-drivers.
Halacha 12
Donkey-drivers may make an agreement among themselves saying that if one of the members of a caravan loses his donkey, the entire caravan must combine to provide another donkey for him. If he was negligent, and therefore it was lost, they are not obligated to provide a donkey for him.
Halacha 13
If a person's donkey was lost and he said: "Pay me its value. I do not want another donkey. I will, however, guard together with you as if I had one," his request is not heeded. Instead, another donkey is purchased for him so that he will be diligent and guard his donkey.
Even if he already owns another donkey in the caravan his request is not heeded. The rationale is that the diligence shown by a person watching one donkey cannot be compared to that of a person watching two.
Halacha 14
When a ship was traveling in the sea and a decision was made to reduce its cargo because waves threatened to sink it, the calculation is made according to the weight of each person's goods and not their value. One should not, however, deviate from the standard practice followed by seamen.
Halacha 15
Boatmen may make an agreement among themselves saying that if one of them loses his boat, they will combine to provide another boat for him. If he was negligent and therefore it was lost, or he sailed his boat in a region where boats do not travel at that time of year, they are not obligated to provide a boat for him.
• Monday, Elul 9, 5775 · 24 August 2015
"Today's Day"
Thursday Elul 9 5703
Torah lessons: Chumash: Teitsei, Chamishi with Rashi.
Tehillim: 49-54. Also 25-27.
Tanya: Now, it is (p. 453) ...a hundred times." (p. 455).
My grandfather said in reference to hitbon'nut, the profoundly concentrated contemplation on a subject extremely difficult to comprehend: If the subject is of deep personal concern, the person will come to understand and comprehend it very well. The proof of this is in the Torah, in laws involving women, etc., and the ingenious arguments that they may put forth on their own behalf. These arguments are discussed by Tanaim, Amoraim and Gaonim, all exceptionally brilliant minds, and the Torah is the Torah of Truth.1 Yet this woman is far removed, intellectually, from being able to devise such (ingenious, brilliant) claims. But the truth is that when a subject is of deep concern to a person, even those of weak intellect will come up with profound concepts.
FOOTNOTES
1. In Talmudic discussion of arguments which litigants may offer on their own behalf, some arguments would appear to be too involved and ingenious for the layman, so how could these claims possibly occur to the litigants? And since these arguments are suggested in the Torah of Truth, they must be accessible to these litigants!
Daily Thought:
Panic
Panic, confusion and pessimism, these are the nightmares of a heart freely handed the reins to your mind.
Reverse the process. Hand your mind the reins to your heart.
How do you do that?
You think good thoughts and focus on those thoughts. You refuse to allow the burning panic in your heart to distract you.
Soon enough, the black horse of pessimism gallops off into the night.
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