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 22 Chapter 23 Chapter 24
Psalms 22:(0) For the leader. Set to “Sunrise.” A psalm of David:
2 (1) My God! My God!
Why have you abandoned me?
Why so far from helping me,
so far from my anguished cries?
3 (2) My God, by day I call to you,
but you don’t answer;
likewise at night,
but I get no relief.
4 (3) Nevertheless, you are holy,
enthroned on the praises of Isra’el.
5 (4) In you our ancestors put their trust;
they trusted, and you rescued them.
6 (5) They cried to you and escaped;
they trusted in you and were not disappointed.
7 (6) But I am a worm, not a man,
scorned by everyone, despised by the people.
8 (7) All who see me jeer at me;
they sneer and shake their heads:
9 (8) “He committed himself to Adonai,
so let him rescue him!
Let him set him FREE
if he takes such delight in him!”
10 (9) But you are the one who took me from the womb,
you made me trust when I was on my mother’s breasts.
11 (10) Since my birth I’ve been thrown on you;
you are my God from my mother’s womb.
12 (11) Don’t stay far from me, for trouble is near;
and there is no one to help.
13 (12) Many bulls surround me,
wild bulls of Bashan close in on me.
14 (13) They open their mouths wide against me,
like ravening, roaring lions.
15 (14) I am poured out like water;
all my bones are out of joint;
my heart has become like wax —
it melts inside me;
16 (15) my mouth is as dry as a fragment of a pot,
my tongue sticks to my palate;
you lay me down in the dust of death.
17 (16) Dogs are all around me,
a pack of villains closes in on me
like a lion [at] my hands and feet.[Psalm 22:17 Or: “They pierced my hands and feet.” See Introduction, Section VIII, paragraph 6, and Section XIV, footnote 70.]
18 (17) I can count every one of my bones,
while they gaze at me and gloat.
19 (18) They divide my garments among themselves;
for my clothing they throw dice.
20 (19) But you, Adonai, don’t stay far away!
My strength, come quickly to help me!
21 (20) Rescue me from the sword,
my life from the power of the dogs.
22 (21) Save me from the lion’s mouth!
You have answered me from the wild bulls’ horns.
23 (22) I will proclaim YOUR name to my kinsmen;
right there in the assembly I will praise you:
24 (23) “You who fear Adonai, praise him!
All descendants of Ya‘akov, glorify him!
All descendants of Isra’el, stand in awe of him!
25 (24) For he has not despised or abhorred
the poverty of the poor;
he did not hide his face from him
but listened to his cry.”
26 (25) Because of you
I give praise in the great assembly;
I will fulfill my vows
in the sight of those who fear him.
27 (26) The poor will eat and be satisfied;
those who seek Adonai will praise him;
Your hearts will enjoy life forever.
28 (27) All the ends of the earth
will remember and turn to Adonai;
all the clans of the nations
will worship in your presence.
29 (28) For the kingdom belongs to Adonai,
and he rules the nations.
30 (29) All who PROSPER on the earth
will eat and worship;
all who go down to the dust
will kneel before him,
including him who can’t keep himself alive,
31 (30) A descendant will serve him;
the next generation will be told of Adonai.
32 (31) They will come and proclaim
his righteousness
to a people yet unborn,
that he is the one who did it.
23:(0) A psalm of David:
(1) Adonai is my shepherd; I lack nothing.
2 He has me lie down in grassy pastures,
he leads me by quiet water,
3 he restores my inner person.
He guides me in right paths
for the sake of his own name.
4 Even if I pass through death-dark ravines,
I will fear no disaster; for you are with me;
your rod and staff reassure me.
5 You prepare a table for me,
even as my enemies watch;
you anoint my head with oil
from an overflowing cup.
6 Goodness and grace will pursue me
every day of my life;
and I will live in the house of Adonai
for years and years to come.
24:(0) By David. A psalm:
(1) The earth is Adonai’s, with all that is in it,
the world and those who live there;
2 for he set its foundations on the seas
and established it on the rivers.
3 Who may go up to the mountain of Adonai?
Who can stand in his holy place?
4 Those with clean hands and pure hearts,
who don’t make vanities the purpose of their lives
or swear oaths just to deceive.
5 They will receive a blessing from Adonai
and justice from God, who saves them.
6 Such is the character of those who seek him,
of Ya‘akov, who seeks your face. (Selah)
7 Lift up your heads, you gates!
Lift them up, everlasting doors,
so that the glorious king can enter!
8 Who is he, this glorious king?
Adonai, strong and mighty,
Adonai, mighty in battle.
9 Lift up your heads, you gates!
Lift them up, everlasting doors,
so that the glorious king can enter!
10 Who is he, this glorious king?
Adonai-Tzva’ot —
he is the glorious king. (Selah)
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 ElulToday in Jewish History:
• Washington Responds to Newport Jews (1790)
The sexton of the Hebrew Congregation of Newport, Rhode Island, wrote a heart warming letter to George Washington, on behalf of the Jewish community welcoming the President on his visit to Newport. In his letter, he expressed a vision of an American government that would permit all religions to live side by side in harmony, giving all its citizens the freedom to practice their religions.
On August 18, 1790, President Washington responded:
The Citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy: a policy worthy of imitation. All possess alike liberty of conscience and immunities of citizenship. It is now no more that toleration is spoken of, as if it was by the indulgence of one class of people, that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.
...May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit in safety under his own vine and figtree, and there shall be none to make him afraid...
Daily Quote:
If you begin a good deed, finish it, for a mitzvah is credited to the one who concludes the task[Talmud, Sotah 13b]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Teitzei, 1st Portion Deuteronomy 21:10-21:21 with Rashi
• Chapter 21
10If you go out to war against your enemies, and the Lord, your God, will deliver him into your hands, and you take his captives, יכִּי תֵצֵא לַמִּלְחָמָה עַל אֹיְבֶיךָ וּנְתָנוֹ יְהֹוָה אֱלֹהֶיךָ בְּיָדֶךָ וְשָׁבִיתָ שִׁבְיוֹ:
If you go out to war: The verse here is referring to an optional war [i.e., non-obligatory] (Sifrei 21:1), since in reference to the [obligatory] war [to conquer] the land of Israel, it would be inappropriate to say “and you take his captives” because it has already been stated [regarding the seven nations of Canaan],“[from these peoples’ cities…] you shall not allow any soul to live.” (Deut. 20: 16). כי תצא למלחמה: במלחמת הרשות הכתוב מדבר, שבמלחמת ארץ ישראל אין לומר ושבית שביו, שהרי כבר נאמר (לעיל כ טז) לא תחיה כל נשמה:
and you take his captives: Heb. וְשָׁבִיתָ שִׁבְיוֹ. [The double language here comes] to include Canaanites in their midst, even though they are from the seven nations. — [Sifrei 21:2; Sotah 35b] ושבית שביו: לרבות כנענים שבתוכה ואף על פי שהם משבעה אומות:
11and you see among the captives a beautiful woman and you desire her, you may take [her] for yourself as a wife. יאוְרָאִיתָ בַּשִּׁבְיָה אֵשֶׁת יְפַת תֹּאַר וְחָשַׁקְתָּ בָהּ וְלָקַחְתָּ לְךָ לְאִשָּׁה:
a…woman: Heb. אֵשֶׁת, even a married woman (אֵשֶׁת אִישׁ). - [Kid. 21b] אשת: אפילו אשת איש:
[and you desire her,] you may take [her] for yourself as a wife: [Not that you are commanded to take this woman as a wife,] but Scripture [in permitting this marriage] is speaking only against the evil inclination [, which drives him to desire her]. For if the Holy One, blessed is He, would not permit her to him, he would take her illicitly. [The Torah teaches us, however, that] if he marries her, he will ultimately come to despise her, as it says after this, “If a man has [two wives-one beloved and the other despised]” (verse 15); [moreover] he will ultimately father through her a wayward and rebellious son (see verse 18). For this reason, these passages are juxtaposed. — [Tanchuma 1] ולקחת לך לאשה: לא דברה תורה אלא כנגד יצר הרע. שאם אין הקב"ה מתירה ישאנה באיסור. אבל אם נשאה, סופו להיות שונאה, שנאמר אחריו (פסוק טו) כי תהיין לאיש וגו' וסופו להוליד ממנה בן סורר ומורה, לכך נסמכו פרשיות הללו:
12You shall bring her into your home, and she shall shave her head and let her nails grow. יבוַהֲבֵאתָהּ אֶל תּוֹךְ בֵּיתֶךָ וְגִלְּחָה אֶת רֹאשָׁהּ וְעָשְׂתָה אֶת צִפָּרְנֶיהָ:
and let her nails grow: Heb. וְעָשְׂתָה אֶת-צִפָּרְנֶיהָ. She must let them grow, so that she should becomes repulsive [to her captor, to induce him to change his mind about marrying her]. — [Sifrei 21:7, Yev. 48a] ועשתה את צפרניה: תגדלם כדי שתתנוול:
13And she shall remove the garment of her captivity from upon herself, and stay in your house, and weep for her father and her mother for a full month. After that, you may be intimate with her and possess her, and she will be a wife for you. יגוְהֵסִירָה אֶת שִׂמְלַת שִׁבְיָהּ מֵעָלֶיהָ וְיָשְׁבָה בְּבֵיתֶךָ וּבָכְתָה אֶת אָבִיהָ וְאֶת אִמָּהּ יֶרַח יָמִים וְאַחַר כֵּן תָּבוֹא אֵלֶיהָ וּבְעַלְתָּהּ וְהָיְתָה לְךָ לְאִשָּׁה:
And she shall remove the garment of her captivity: [so that she should not be attractive to her captor,] for they are pretty [clothes], because gentile women adorn themselves during wartime, in order to seduce others [namely, the enemy] to have relations with them. — [Sifrei 21:8] והסירה את שמלת שביה: לפי שהם נאים, שהגוים בנותיהם מתקשטות במלחמה בשביל להזנות אחרים עמהם:
and stay in your house: In the house he uses. Upon entering, he will stumble upon her, and upon leaving, he will stumble upon her, see her weeping and see her unsightly appearance-all this, so that she should become despicable to him. — [Sifrei 21: 9] וישבה בביתך: בבית שמשתמש בו, נכנס ונתקל בה, יוצא ונתקל בה, רואה בבכייתה, רואה בנוולה, כדי שתתגנה עליו:
and weep for her father and her mother: Why is all this necessary? So that an Israelite woman [i.e., this man’s Jewish wife] should be happy, and this [gentile captive woman] should be grief-stricken, an Israelite woman should be dressed up, and this one should make herself repulsive. — [Sifrei 21:11] ובכתה את אביה: כל כך למה, כדי שתהא בת ישראל שמחה וזו עצבה, בת ישראל מתקשטת וזו מתנוולת:
14And it will be, if you do not desire her, then you shall send her away wherever she wishes, but you shall not sell her for money. You shall not keep her as a servant, because you have afflicted her. ידוְהָיָה אִם לֹא חָפַצְתָּ בָּהּ וְשִׁלַּחְתָּהּ לְנַפְשָׁהּ וּמָכֹר לֹא תִמְכְּרֶנָּה בַּכָּסֶף לֹא תִתְעַמֵּר בָּהּ תַּחַת אֲשֶׁר עִנִּיתָהּ:
And it will be, if you do not desire her: Scripture informs you that eventually you will despise her. — [Sifrei 21:14. והיה אם לא חפצתה בה: הכתוב מבשרך שסופך לשנאותה:
You shall not keep her as a servant: Heb. לֹא-תִתְעַמֵּר בָּהּ. [This means:]“You must not use her [as a slave]” (Sifrei 21:16). In the Persian language, the term for slavery and servitude is עִימְרָאָה [the term used here]. I learned this from the Yesod of Rabbi Moses the Darshan. לא תתעמר בה: לא תשתמש בה בלשון פרסי קורין לעבדות ושימוש, עימראה. מיסודו של רבי משה הדרשן למדתי כן:
15If a man has two wives-one beloved and the other despised-and they bear him sons, the beloved one and the despised one, and the firstborn son is from the despised one. טוכִּי תִהְיֶיןָ לְאִישׁ שְׁתֵּי נָשִׁים הָאַחַת אֲהוּבָה וְהָאַחַת שְׂנוּאָה וְיָלְדוּ לוֹ בָנִים הָאֲהוּבָה וְהַשְּׂנוּאָה וְהָיָה הַבֵּן הַבְּכֹר לַשְּׂנִיאָה:
16Then it will be, on the day he [the husband] bequeaths his property to his sons, that he will not be able to give the son of the beloved [wife] birthright precedence over the son of the despised [wife]-the [real] firstborn son. טזוְהָיָה בְּיוֹם הַנְחִילוֹ אֶת בָּנָיו אֵת אֲשֶׁר יִהְיֶה לוֹ לֹא יוּכַל לְבַכֵּר אֶת בֶּן הָאֲהוּבָה עַל פְּנֵי בֶן הַשְּׂנוּאָה הַבְּכֹר:
17Rather, he must acknowledge the firstborn, the son of the despised [wife] and give him a double share in all that he possesses, because he [this firstborn son] is the first of his strength, then he has the birthright entitlement. יזכִּי אֶת הַבְּכֹר בֶּן הַשְּׂנוּאָה יַכִּיר לָתֶת לוֹ פִּי שְׁנַיִם בְּכֹל אֲשֶׁר יִמָּצֵא לוֹ כִּי הוּא רֵאשִׁית אֹנוֹ לוֹ מִשְׁפַּט הַבְּכֹרָה:
a double share: [The firstborn son takes a share] equal to that of two brothers [together]. — [Sifrei 21:28] פי שנים: כנגד שני אחים:
[and give him a double share] in all that he possesses: From here [we learn that] the firstborn son does not take [a double share] from that which [the father’s estate] is entitled to after the demise of the father, [e.g., from an uncollected debt,] as [he does] from what was in the father’s actual possession. — [Sifrei 21:29, Bech. 51b] בכל אשר ימצא לו: מכאן שאין הבכור נוטל פי שנים בראוי לבא לאחר מיתת האב, כבמוחזק:
18If a man has a wayward and rebellious son, who does not obey his father or his mother, and they chasten him, and [he still] does not listen to them, יחכִּי יִהְיֶה לְאִישׁ בֵּן סוֹרֵר וּמוֹרֶה אֵינֶנּוּ שֹׁמֵעַ בְּקוֹל אָבִיו וּבְקוֹל אִמּוֹ וְיִסְּרוּ אֹתוֹ וְלֹא יִשְׁמַע אֲלֵיהֶם:
wayward: Heb. סוֹרֵר, deviating (סָר) from the [proper] path. סורר: סר מן הדרך:
rebellious: Heb. מוֹרֶה, [meaning] one who disobeys the words of his father. [The word מוֹרֶה is] derived from [the same root as] the word מַמְרִים [meaning “to rebel”] (see Deut. 9:7). ומורה: מסרב בדברי אביו, לשון ממרים:
they shall chasten him: They must warn him in the presence of three [people, not to steal, nor to eat a certain quantity of meat and drink a certain quantity of wine (see further in Rashi)], and then they must have him flogged [by the court] (San. 71a; see Sifrei). [The Talmud (San. 71a) emends this to read: They must warn him in the presence of two (witnesses) and have him flogged in the presence of three (judges).] The wayward and rebellious son incurs punishment only if he steals [money from his father], consumes [at one meal] a tartemar [a weight equal to half a maneh] of meat, and drinks [at the same meal] half a log of wine, as it is said [referring to him], “a glutton and a guzzler (זוֹלֵל וְסֹבֵא)” (verse 20), and [elsewhere] it says, “Do not be among wine-guzzlers (בְסֹבְאֵי-יָיִן), among gluttonous eaters of meat (בְּזֹלְלֵי-בָשָׂר)” (Prov. 23:20), [which indicates that the term “guzzler” refers to wine and “glutton” refers to meat] (San. 70a, Sifrei). The wayward and rebellious son is executed on account of [what he will become in] the end-the Torah penetrates to his ultimate intentions. Eventually, he will squander his father’s money, seek what he has become accustomed to, not find it, and stand at the crossroads and rob people [killing them, thereby incurring the death penalty. Says the Torah, “Let him die innocent [of such crimes], rather than have him die guilty [of such crimes].” - [San. 72b] ויסרו אותו: מתרין בו בפני שלשה ומלקין אותו. בן סורר ומורה אינו חייב, עד שיגנוב ויאכל תרטימר בשר וישתה חצי לוג יין. שנאמר (פסוק כ) זולל וסובא, ונאמר (משלי כג, כ) אל תהי בסובאי יין בזוללי בשר למו. ובן סורר ומורה נהרג על שם סופו, הגיעה תורה לסוף דעתו, סוף שמכלה ממון אביו ומבקש לימודו ואינו מוצא, ועומד בפרשת דרכים ומלסטם את הבריות, אמרה תורה ימות זכאי ואל ימות חייב:
19his father and his mother shall take hold of him and bring him out to the elders of his city, and to the gate of his place. יטוְתָפְשׂוּ בוֹ אָבִיו וְאִמּוֹ וְהוֹצִיאוּ אֹתוֹ אֶל זִקְנֵי עִירוֹ וְאֶל שַׁעַר מְקֹמוֹ:
20And they shall say to the elders of his city, "This son of ours is wayward and rebellious; he does not obey us; [he is] a glutton and a guzzler." כוְאָמְרוּ אֶל זִקְנֵי עִירוֹ בְּנֵנוּ זֶה סוֹרֵר וּמֹרֶה אֵינֶנּוּ שֹׁמֵעַ בְּקֹלֵנוּ זוֹלֵל וְסֹבֵא:
21And all the men of his city shall pelt him to death with stones, and he shall die. So shall you clear out the evil from among you, and all Israel will listen and fear. כאוּרְגָמֻהוּ כָּל אַנְשֵׁי עִירוֹ בָאֲבָנִים וָמֵת וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ וְכָל יִשְׂרָאֵל יִשְׁמְעוּ וְיִרָאוּ:
and all Israel will listen and fear: From here, [we learn that] the court must make a public proclamation, announcing: “So-and-so has been stoned because he was a wayward and rebellious son!” - [San. 89a] וכל ישראל ישמעו ויראו: מכאן שצריך הכרזה בבית דין, פלוני נסקל על שהיה בן סורר ומורה:Daily Tehillim: Psalms Chapters 44 - 48
• 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 44
The psalmist cries and laments painfully over this bitter exile, where we and our Torah are shamed daily, when the nations say that God has exchanged us for another nation, and where we are considered as sheep for the slaughter, as a byword and taunt. It is therefore fitting that God REDEEM us, for the sake of His great Name that abides with us in exile.
1. For the Conductor, by the sons of Korach, a maskil.1
2. God, with our ears we have heard, our fathers have told us, of the deeds You wrought in their days, in the days of old.
3. You drove out nations with Your hand, and planted [Israel in their place]; You afflicted peoples and banished them.
4. For not by their sword did they inherit the land, and their own arm did not save them, but by Your right hand, Your arm and the light of Your countenance-for You favored them.
5. You are my king, O God; decree the salvation of Jacob.
6. Through You will we gore our adversaries; with YOUR Name we will trample our opponents.
7. For I do not trust in my bow, and my sword cannot save me.
8. For You have delivered us from our foes, and You shamed those who hate us.
9. In God we glory all day, and forever THANK Your Name, Selah.
10. Though You abandon and disgrace us, and do not go forth with our armies;
11. You cause us to retreat from the oppressor, and those who hate us plunder for themselves;
12. You deliver us like sheep to be devoured, and scatter us among the nations;
13. You sell Your nation without gain, and do not set a high price upon them;
14. You make us a disgrace to our neighbors, the scorn and derision of those around us;
15. You make us a byword among the nations, [a cause for] nodding the head among the peoples;
16. all day long my humiliation is before me, and the shame of my face covers me
17. at the voice of the reviler and blasphemer, because of the foe and avenger-
18. all this has come upon us, yet we have not forgotten You, nor have we been false to Your covenant.
19. Our hearts have not retracted, nor have our STEPS strayed from Your path.
20. Even when You crushed us in the place of serpents, and shrouded us in the shadow of death-
21. did we forget the Name of our God, and extend our hands to a foreign god?
22. Is it not so that God can examine this, for He knows the secrets of the heart.
23. For it is for Your sake that we are killed all the time; we are regarded as sheep for the slaughter.
24. Arise! Why do You sleep, my Lord? Wake up! Do not abandon [us] forever!
25. Why do You conceal Your countenance and forget our affliction and distress?
26. For our souls are bowed to the dust, our bellies cleave to the earth.
27. Arise! Be our help, and redeem us for the sake of Your kindness.
Chapter 45
The psalmist composed this psalm referring to Moshiach. He describes his greatness, his attributes, his glory, his wealth, and his reign; and states that Israel anticipates him, remembering and saying in every generation, "When will King Moshiach come?"
1. For the Conductor, upon the shoshanim,1 By the sons of Korach; a maskil,2 a song of love.
2. My heart is astir with a noble theme; I say, "My composition is for the king;3 my tongue is the pen of a skillful scribe.”
3. You are the most handsome of men, charm is poured upon your lips; therefore has God blessed you forever.
4. Gird your sword upon your thigh, O mighty one-it is your majesty and splendor.
5. And with your splendor, succeed and ride on for the sake of truth and righteous humility; and your right hand will guide you to awesome deeds.
6. Your arrows are sharpened-nations fall beneath you-[the arrows fall] into the hearts of the king's enemies.
7. Your throne, O ruler, is forever and ever, [for] the scepter of justice is the scepter of your kingdom.
8. You love righteousness and hate wickedness; therefore has God, your God, anointed you with oil of joy above your peers.
9. Myrrh, aloes and cassia are [the fragrance] of all your garments, which are from ivory palaces that bring you joy.
10. Daughters of kings visit you, and the queen stands erect at your right hand, adorned in the fine gold of Ophir.
11. Hear, O daughter, and observe, incline your ear; forget your people and your father's house.
12. Then the king will desire your beauty. He is your master-bow to him.
13. The daughter of Tyre, the wealthiest of nations, will seek your favor with a gift.
14. All the glory of the princess is within; her clothing surpasses settings of gold.
15. In embroidered garments she will be brought to the king; the maidens in her train, her companions, will be led to you.
16. They will be brought with gladness and joy, they will enter the palace of the king.
17. Your sons will succeed your fathers; you will appoint them ministers throughout the land.
18. I will cause Your Name to be remembered throughout the generations; therefore will the nations praise You forever and ever.
Chapter 46
This psalm tells of the Gog and Magog era (the Messianic age), when man will cast aside his weapons, and warfare will be no more.
1. For the Conductor, by the sons of Korach, on the alamot,1 a song.
2. God is our refuge and strength, a help in distress, He is most accessible.
3. Therefore, we will not be afraid when the earth is transformed, when mountains collapse in the heart of the seas;
4. when its waters roar and are muddied, and mountains quake before His grandeur, Selah.
5. The river2-its streams will bring joy to the city of God, the sacred dwelling of the Most High.
6. God is in her midst, she will not falter; God will help her at the approach of morning.
7. Nations clamor, kingdoms stumble; He raises His voice and the earth dissolves.
8. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
9. Go and see the works of the Lord, Who has wrought devastation in the land.
10. To the end of the earth He causes wars to cease; He breaks the bow, snaps the spear, and burns the wagons in fire.
11. Stop [waging war]! And know that I am God; I will be exalted among the nations, exalted upon the earth.
12. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
Chapter 47
Following the battle of Gog and Magog (in the Messianic era), war will be no more. God will grant us salvation, and we will merit to go up to the Holy Temple for the festivals, Amen.
1. For the Conductor, a psalm by the sons of Korach.
2. All you nations, clap hands; sound [the shofar] to God with a sound of jubilation.
3. For the Lord is most high, awesome; a great King over all the earth.
4. He subdues peoples under us, nations beneath our feet.
5. He chooses our heritage for us, the glory of Jacob whom He loves eternally.
6. God ascends through teruah, the Lord-through the sound of the shofar.
7. Sing, O sing to God; sing, O sing to our King.
8. For God is King over all the earth; sing, O man of understanding.
9. God reigns over the nations; God is seated on His holy throne.
10. The most noble of the nations are gathered, the nation of the God of Abraham; for the protectors of the earth belong to God; He is greatly exalted.
Chapter 48
The psalmist prophesies about the Messianic era, singing the praises of a rebuilt Jerusalem and the sacrifices brought there. At that time Israel will say, "As we heard from the mouths of the prophets, so have we merited to see!"
1. A song, a psalm by the sons of Korach.
2. The Lord is great and exceedingly acclaimed in the city of God, His holy mountain.
3. Beautiful in landscape, the joy of the whole earth is Mount Zion, on the northern slopes, the city of the great King.
4. In her citadels, God became known as a tower of strength.
5. For behold, the kings assembled, they advanced in concert [to invade her].
6. They saw [the wonders of the Almighty] and were astounded; they were terror-stricken, they hastened to flee.
7. Trembling seized them there, pangs as of a woman in the throes of labor;
8. [they were crushed as] by an east wind that shatters the ships of Tarshish.
9. As we have heard, so have we seen, in the city of the Lord of Hosts, in the city of our God; may God establish it for all eternity.
10. God, we have been hoping for Your kindness [to be revealed] within Your Sanctuary.
11. As Your Name, O God, [is great,] so is Your praise to the ends of the earth; Your right hand is filled with righteousness.
12. Let Mount Zion rejoice, let the towns of Judah exult, because of Your judgments.
13. Walk around Zion, encircle her, count her towers.
14. Consider well her ramparts, behold her lofty citadels, that you may recount it to a later generation.
15. For this God is our God forever and ever; He will lead us eternally.
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 22, 23 and 24.
Chapter 22
Every person should pray in agony over the length of the exile, and our fall from prestige to lowliness. One should also take vows (for self-improvement) in his distress.
1. For the Conductor, on the ayelet hashachar, a psalm by David.
2. My God, my God, why have You forsaken me! So far from saving me, from the words of my outcry?
3. My God, I call out by day, and You do not answer; at night-but there is no respite for me.
4. Yet You, Holy One, are enthroned upon the praises of Israel.
5. In You our fathers trusted; they trusted and You saved them.
6. They cried to You and were rescued; they trusted in You and were not shamed.
7. And I am a worm and not a man; scorn of men, contempt of nations.
8. All who see me mock me; they open their lips, they shake their heads.
9. But one that casts [his burden] upon the Lord-He will save him; He will rescue him, for He desires him.
10. For You took me out of the womb, and made me secure on my mother's breasts.
11. I have been thrown upon You from birth; from my mother's womb You have been my God.
12. Be not distant from me, for trouble is near, for there is none to help.
13. Many bulls surround me, the mighty bulls of Bashan encircle me.
14. They open their mouths against me, like a lion that ravages and roars.
15. I am poured out like water, all my bones are disjointed; my heart has become like wax, melted within my innards.
16. My strength is dried up like a potsherd, and my tongue cleaves to my palate; You set me in the dust of death.
17. For dogs surround me, a pack of evildoers enclose me; my hands and feet are like a lion's prey.
18. I count all my limbs, while they watch and gloat over me.
19. They divide my garments amongst them; they cast lots upon my clothing.
20. But You, Lord, do not be distant; my Strength, hurry to my aid!
21. Save my life from the sword, my soul from the grip of dogs.
22. Save me from the lion's mouth, as You have answered me from the horns of wild beasts.
23. I will recount [the praises of] Your Name to my brothers; I will extol You amidst the congregation.
24. You that fear the Lord, praise Him! Glorify Him, all you progeny of Jacob! Stand in awe of Him, all you progeny of Israel!
25. For He has not despised nor abhorred the entreaty of the poor, nor has He concealed His face from him; rather He heard when he cried to Him.
26. My praise comes from You, in the great congregation; I will pay my vows before those that fear Him.
27. Let the humble eat and be satisfied; let those who seek the Lord praise Him-may your hearts live forever!
28. All the ends of the earth will remember and return to the Lord; all families of nations will bow down before You.
29. For sovereignty is the Lord's, and He rules over the nations.
30. All the fat ones of the earth will eat and bow down, all who descend to the dust shall kneel before Him, but He will not revive their soul.
31. The progeny of those who serve Him will tell of the Lord to the latter generations.
32. They will come and relate His righteousness-all that He has done-to a newborn nation.
Chapter 23
When King David was in the forest of Cheret and nearly died of starvation, God provided nourishment for him with a taste of the World to Come. David then composed this psalm, describing the magnitude of his trust in God.
1. A psalm by David. The Lord is my shepherd, I shall lack nothing.
2. He lays me down in green pastures; He leads me beside still waters.
3. He revives my soul; He directs me in paths of righteousness for the sake of His Name.
4. Though I walk in the valley of the shadow of death, I will fear no evil, for You are with me; Your rod and Your staff-they will comfort me.
5. You will prepare a table for me before my enemies; You have anointed my head with oil; my cup is full.
6. Only goodness and kindness shall follow me all the days of my life, and I shall dwell in the House of the Lord for many long years.
Chapter 24
If the fulfillment of one's prayer would result in the sanctification of God's Name, he should pray that God act for the sake of the holiness of His Name. One should also invoke the merit of his ancestors, for we know that "the righteous are greater in death than in life"
1. By David, a psalm. The earth and all therein is the Lord's; the world and its inhabitants.
2. For He has founded it upon the seas, and established it upon the rivers.
3. Who may ascend the mountain of the Lord, and who may stand in His holy place?
4. He who has clean hands and a pure heart, who has not used My Name in vain or sworn falsely.
5. He shall receive a blessing from the Lord, and kindness from God, his deliverer.
6. Such is the generation of those who search for Him, [the children of] Jacob who seek Your countenance forever.
7. Lift up your heads, O gates, and be lifted up, eternal doors, so the glorious King may enter.
8. Who is the glorious King? The Lord, strong and mighty; the Lord, mighty in battle.
9. Lift up your heads, O gates; lift them up, eternal doors, so the glorious King may enter.
10. Who is the glorious King? The Lord of Hosts, He is the glorious King for all eternity.
Tanya: Iggeret HaKodesh, beginning of Epistle 12• Lessons in Tanya
• Sunday, Elul 8, 5775 · August 23, 2015
Today's Tanya Lesson
Iggeret HaKodesh, beginning of Epistle 12
והיה מעשה הצדקה שלום, ועבודת הצדקה השקט ובטח עד עולם
“And [the reward for] the act of tzedakah will be peace, and [the reward for] the service of tzedakah [will be] quietness and surety forever.”1
Some commentaries explain that “act” (מעשה) and “service” (עבודה) are one and the same; the verse merely reiterates the same theme in different words. Targum Yonatan, however, writes that “act” and “service” indicate two different forms of charity: the reward for the “act” of tzedakah is peace; the reward for the “service” of tzedakah is eternal quietness and surety.
להבין ההפרש שבין מעשה לעבודה, ובין שלום להשקט ובטח
The difference between [the] “act” and “service” of tzedakah, and the difference between the rewards of“peace” and “quietness and surety,” will be understood
על פי מה שאמרו רז״ל על פסוק: עושה שלום במרומיו
כי מיכאל שר של מים וגבריאל שר של אש, ואין מכבין זה את זה
“Michael is the prince of water and Gabriel is the prince of fire, yet they do not extinguish one another.”
Though water seeks to quench fire and fire endeavors to vaporize water, and “Michael is the prince of water and Gabriel is the prince of fire,” nevertheless they do not extinguish one another.
כלומר
This means to say, not that Michael’s substance derives from the spiritual element of water and Gabriel’s substance derives from the spiritual element of fire, but that
שמיכאל שר של חסד
Michael is the prince of Chesed (“kindness”),
הנקרא בשם מים, היורדים ממקום גבוה למקום נמוך
which is called “water”, because it descends from a high place to a low place.
והוא בחינת ההשפעה והתפשטות החיות מעולמות עליונים לתחתונים
In spiritual terms this [descent] means: the bestowal and diffusion of the [Divine] life-force from the higher to the lower worlds.
ובחינת אש, שטבעה לעלות למעלה, היא בחינת הגבורה, והסתלקות השפעת החיות ממטה למעלה
Fire, whose nature is to soar aloft, represents spiritually the thrust of Gevurah (“severity”), and the upward withdrawal of the flow of life-force,
שלא להשפיע רק בצמצום עצום ורב
in order not to bestow [it] except by way of an intense and immense contraction.
והן מדות נגדיות זו לזו
Now these attributes are in conflict, Chesed representing unlimited effusion, and Gevurah representing limitation and contraction,
והיינו, כשהן בבחינת מדות לבדן
but only when they are in their pristine state as attributes.
Inasmuch as the attributes are inherently limited (and indeed the very word middah means “measure”), each of them is confined to its innate characteristics, Chesed to expansiveness, Gevurah to withdrawal.
אך הקב״ה עושה שלום ביניהם
But the Holy One, blessed be He, makes peace between them, so that they should not oppose one another,
על ידי גילוי, שמתגלה בהן הארה רבה והשפעה עצומה מאד מאור אין סוף ברוך הוא
through a revelation — so that an immense illumination and an intense effusion from the [infinite] Ein Sof-light is revealed within them.
אשר כשמו כן הוא
For like His Name (viz., Ein Sof — “the Infinite One”), so is He.
שאינו בבחינת מדה, חס ושלום
He is not, Heaven forfend, on the [measured] plane of an attribute,
אלא למעלה מעלה, עד אין קץ
but transcends exceedingly, ad infinitum,
אפילו מבחינת חב״ד, מקור המדות
even the rank of [the intellectual faculties of] ChaBaD, which is the source of the attributes, and surely He transcends the attributes themselves.
ואזי המדות נגדיות של מיכאל וגבריאל נכללות במקורן ושרשן
And then, when G‑d’s infinite light is revealed within the attributes, the opposing attributes of Michael and Gabriel (Chesed and Gevurah) are absorbed in their source and root,
והיו לאחדים ממש
and they become truly unified,
ובטלים באורו יתברך, המאיר להם בבחינת גילוי
and are nullified in His light, which radiates to them in a manifest way.
Once their individuality is nullified, they no longer oppose each other.
By way of analogy: The intense enmity of two high officials dissolves, in the presence of their sovereign, into friendship. It is because of their joint nullification before the king that this unity comes about. So, too, the defined bounds of the various attributes dissipate in the face of the limitless revelation of the infinite light.
ואזי מתמזגות ומתמתקות הגבורות בחסדים
The Gevurot are thereby tempered and mellowed (lit., “sweetened”) in the Chassadim, and are transformed into good and kindness,
על ידי בחינה ממוצעת, קו המכריע ומטה כלפי חסד
by a mediary, the determining factor between Chesed and Gevurah, which leans towards Chesed,
היא מדת הרחמים
i.e., the attribute of Rachamim (“mercy”).
When Chesed does not insist (so to speak) on an unlimited revelation of kindness (but is satisfied to reveal the G‑dly illumination in a finite manner), and Gevurah insists only on witholding the revelation from those who are unworthy of receiving it (but does not insist on blocking the revelation altogether, even from the worthy — then the mediating attribute of mercy, which leans toward kindness, declares that while a particular recipient may not be strictly worthy of the kindness to be shown, he is at least worthy of being granted it out of compassion.
הנקראת בשם תפארת, בדברי חכמי האמת
This attribute of Rachamim is called Tiferet (“beauty”) in the terminology of the Kabbalists (lit., “the scholars of truth”),
לפי שהיא כלולה מב׳ גוונין, לובן ואודם
because it is made up of the two colors white and red,
המרמזים לחסד וגבורה
which allude to Chesed and Gevurah, respectively.
Rachamim is therefore called Tiferet, because there is beauty in the harmony of diverse colors.
ולכן סתם שם הוי׳ ברוך הוא שבכל התורה, מורה על מדת התפארת
The Divine Name Havayah (the Tetragrammaton), as it appears unqualified throughout the Torah, therefore indicates the attribute of Tiferet,
כמו שכתוב בזהר הקדוש
as is stated in the sacred Zohar.4
Each of the Divine Names indicates one of the Supernal Attributes: the Name E-l, for example, indicates Chesed; Elokimindicates Gevurah; and any unqualified appearance of the ultimate Divine Name — Havayah, which is known as Shem HaEtzem (“the Essential Name”) — alludes to the attribute of Tiferet. Why is this the case?
לפי שכאן הוא בחינת גילוי אור אין סוף ברוך הוא, הארה רבה
For here, in Tiferet, the [infinite] Ein Sof-light becomes manifest in an immense illumination,
ביתר שאת משאר מדותיו הקדושות יתברך
surpassing that of the other Divine attributes.
This, then, is the meaning of the above quotation, that “He makes peace in His high places”: The revelation of G‑d’s infinite light “makes peace” between Michael and Gabriel, who represent Chesed and Gevurah.
FOOTNOTES | |
1. | Yeshayahu 32:17. |
2. | See Devarim Rabbah 5:12; Tanchuma, Vayigash 6. |
3. | Iyov 25:2. |
4. | Note of the Rebbe: “Vayikra 11:1.” |
• Sefer Hamitzvos:
Today's Mitzvah
Sunday, Elul 8, 5775 · August 23, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 265
Plotting to Acquire a Coveted Item
"You shall not covet your neighbor's house"—Exodus 20:17.
It is forbidden to devise plots in pursuit of acquiring a fellow's property or possession [that he is reluctant to part with. E.g., by harassing the owner of the item to sell it, or retaining friends to go and talk him into selling it].
One who does so and ends up acquiring the item, even if he pays much money for it, has transgressed this biblical prohibition.
Plotting to Acquire a Coveted Item
Negative Commandment 265
Translated by Berel Bell
The 265th prohibition is that we are forbidden from using our thought to think up schemes of how to acquire something that belongs to our brother.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not envy (lo sach'mod) YOUR neighbor's house."
The Mechilta says, "From the phrase 'Do not envy,' I might think the prohibition applies even if you just feel envy. But another verse2 says, 'Do not be envious of the gold and silver on them [i.e. idolatrous statues] and take it for yourselves.' Just as in that case the prohibition applies only when [because of his envy] he does an action, so too here it applies only when he does an action." This shows that the prohibition forbids carrying out schemes to acquire for ourselves one of our brother's belongings that we desire.
Even buying it at a high price is included in the transgression "Do not envy."
FOOTNOTES
1.Ex. 20:14.
2.Deut. 7:25.
Yibbum vChalitzah - Chapter Eight
Halacha 1
[The following rules apply when a man] consecrates one of two sisters, but does not know which one he has consecrated1 and then dies [childless]. If he has one brother, [the brother] should perform chalitzah with both of them to enable them to marry other men.
If he has two brothers, one of them should first perform chalitzah with one of [the sisters], and the other should perform yibbum with the other one2 [because of the following rationale]: If this was the woman consecrated by his brother, he performed yibbum with her. If she is not his brother's wife, he has married a woman [permitted to him] like any other woman, and chalitzah has already been performed for her sister, his brother's wife.
One should not perform yibbum with one of the women first, for perhaps the other was in fact his brother's wife, and he will have married a relative of the woman who is obligated [to perform yibbum with] him.3 If, without asking Rabbinic advice,4 each of the brothers married one of the sisters, they are not forced to dissolve the marriage.5
Halacha 2
[The following rule applies when] two [men who are not related,] each having one brother, consecrate two sisters, neither of the men knows which [sister] he consecrated, and they both die [childless]. Each [brother] should performchalitzah with each of the sisters.6
[In the above situation, if] one of the deceased has one brother, and the other has two brothers, the one brother should perform chalitzah with both women first, and then one of the two brothers should perform chalitzah [with one woman] first, and the second one [should perform yibbum with the other].7 If, [without asking Rabbinic advice, each of the brothers] married [one of the sisters], they are not forced to dissolve the marriage.
[The above applies] even if the brothers were priests. [Although] there is a Rabbinic prohibition against a priest marrying a woman who performedchalitzah, the chalitzah performed by this woman was performed because of doubt, and [our Sages] did not enforce a decree with regard to a chalitzahperformed because of doubt.8
Halacha 3
In the above instance,] if both of the deceased had two brothers, one of one pair of brothers should perform chalitzah with one of the sisters, and one of the other pair of brothers should perform chalitzah with the other sister. Afterwards, the other brother from the first pair should perform yibbum with the sister with whom the brother from the other pair performed chalitzah, and the other brother from the second pair should perform yibbum with the sister with whom the brother from the first pair performed chalitzah.9
If both [brothers from one pair each] performed chalitzah with [one of the sisters] first, the brothers from the other pair should not both perform yibbum.10Instead, one should perform chalitzah [with one of the sisters] first, and then his brother should perform yibbum with the other. If, without asking Rabbinic advice, each of the brothers married one of the sisters, they are not forced to dissolve the marriage.
Halacha 4
[The following situation gives rise to several halachic questions:] A woman had sons, and one of her daughters-in-law also had sons. Both the woman and her daughter-in-law becamePREGNANT and they gave birth in the same hiding place. [There was a disturbance] and the identity of the two children became confused [and it was not known who was the son of the mother, and who, the son of the daughter-in-law].
The two sons grew up and married and then died [childless]. How are their wives freed to marry others?11
First, [one of] the sons of the daughter-in-law should perform chalitzah with [both women]; he should not perform yibbum. [The rationale is that] there is a doubt regarding the identity of each of the women. It is possible that she is the wife of his brother and thus permitted to him, but it is also possible that she is the wife of his father's brother and thus forbidden to him as an ervah.
Afterwards,] the sons of the elder woman may perform either chalitzah oryibbum. [With regard to each of the women, the same question applies:] If she is his brother's wife, he is performing yibbum. And if she is the wife of his brother's son, she is permitted to marry him, because she has already performed chalitzah.
Halacha 5
[In the above situation, the following procedure should be carried out if] the sons of the elder woman and her daughter-in-law whose identities had been established died [childless], and the two sons whose identities were confused were alive.
The sons whose identities were confused should perform chalitzah with the wives of the elder woman's sons; they may not perform yibbum. [The rationale is that] there is a doubt whether [each woman] is the wife of his father's brother and thus forbidden to him as an ervah, or the wife of his brother and thus permitted to her yavam.
With regard to the wives of the sons of the daughter-in-law: First, one should perform chalitzah and the other should perform yibbum. The rationale is that if the son of the daughter-in-law was the one who performed chalitzah first, he performed chalitzah with his brother's wife. The second one of those whose identities were confused was the son of the elder woman. He is permitted to marry the wife of his brother's son after her yavam performed chalitzah with her.
If it was the son of the elder woman who performed chalitzah first, he performed chalitzah with the wife of his brother's son, and his deed is of no consequence. The second one of those whose identities were confused was the son of the daughter-in-law, and he performed yibbum with his brother's wife.
Halacha 6
[The following rules apply with regard to] a woman who did not wait three months after the death of her husband [before] remarrying].12 She remarried and gave birth, and it is not known whether the child she bore was fathered by the first husband and was born after a full term pregnancy, or whether it was fathered by the second husband and was born after a seven-month pregnancy.13
If the woman bore other children to both her first and second husbands, and then this son whose [father's identity] is in doubt dies [childless], both the sons of the first husband and the sons of the second husband should performchalitzah with [the deceased's] wife, but they should not perform yibbum.
[The rationale is that the obligation for] each of them to perform yibbum is doubtful, for perhaps he is not the paternal brother [of the deceased]. And he is definitely a maternal brother [of the deceased], and the wife of a maternal brother is always forbidden as an ervah. For this same [reason], the son whose [father's identity] is in doubt should perform chalitzah with any of the wives of [his other brothers], but should not perform yibbum.
Halacha 7
If both this woman's first and second husbands had fathered another son14 with another wife, and one of these other sons died [childless], the son whose [father's identity] is in doubt may perform either chalitzah or yibbum with the wife of the deceased. [The rationale is] that if [the deceased] was his paternal brother, then he has performed yibbum. And if he was not his paternal brother, then they have no family connection at all, and he is permitted to marry [the deceased's] wife.
Halacha 8
[In the above situation,] if the son whose [father's identity] is in doubt dies [childless], one of the two sons whose [father's identity] is known should first perform chalitzah with his wife, and afterwards the second should performyibbum.15
[The rationale is that if the deceased] was his brother, then he has performedyibbum. And if he is not his brother, but rather the son of the other father, his wife has already performed chalitzah with her husband's brother [and is permitted to remarry].
Halacha 9
[The following rules apply when] a woman's husband traveled to another country, his wife heard that he died and [on this basis] married another man, and then her first husband returned. If both husbands die [childless],16 and they both have brothers, one of each husband's brothers should perform chalitzah, but not yibbum.17
Halacha 10
[The following rules apply when there were] five women who each had a son whose identity had been established, and then the five women all gave birth together in a hiding place to five other sons, and the identities of the second group of sons became confused to the extent that it was not known who gave birth to whom. The sons whose identity became confused matured and married, and then these five men died [childless] and their five wives fell before the wives of the sons whose identity was known, but none of these sons knows who is the wife of his brother.
What must be done [so that these women can remarry]? Four [of the sons whose identity was known] perform chalitzah for one of the wives first, and the fifth son should marry her after she has performed chalitzah four times.
Halacha 11
What is implied? If the woman was his brother's wife, he has performed yibbum. And if she is not his brother's wife, she is the wife of the brother of one of the other four, and they all performed chalitzah with her first.
Similarly, the second woman should have four [of the sons whose identity was known] - including the one who married the first [of the widows]18 - performchalitzah with her, and the fifth one should marry her. [This process should be continued] until the five sons have married the five [widows] after each one performed chalitzah four times earlier.
Halacha 12
When dealing with questionable situations of this nature, one should always have these principles at hand: When there is a doubt whether a woman is required to perform chalitzah with a particular man or not, she is not permitted to marry another man until that [first] man performs chalitzah with her.
Whenever there is a doubt whether a woman is forbidden to engage in relations with a man - whether because of a Scriptural prohibition or a Rabbinic prohibition - she should not perform yibbum with him.
Halacha 13
Following the above patterns, you will be able to understand and rule with regard to any questionable situations that will arise with regard to yibbum andchalitzah. For we have explained all the fundamental principles on which one should rely. You will know who should perform chalitzah, who should performyibbum, who is not obligated to perform chalitzah or yibbum and who is fit to perform yibbum.
With God's help, this concludes "The Laws of Yibbum and Chalitzah."
FOOTNOTES | |
1. |
Note the Shulchan Aruch (Even HaEzer 176:1), which states that this law applies even if the deceased brother never knew which sister he consecrated, and thus it was forbidden for him to consummate the marriage. Nevertheless, chalitzah is required.
|
2. |
This and the laws that follow are based on the Rambam's conception (see Chapter 1, Halachah 2) that when possible, the mitzvah of yibbum takes precedence over the mitzvah of chalitzah. According to the Ashkenazic authorities, different laws apply.
|
3. |
This is a Rabbinic prohibition.
|
4. |
Our translation is based on the Shulchan Aruch (loc. cit.). If a Rabbinical opinion was sought and then ignored, the yevamim are required to divorce their wives.
|
5. |
Although one of them surely violated a Rabbinic prohibition, since we are unable to determine which of them it was, they are both allowed to remain married. This follows the principle sefeka d'rabbanan l'kula, "When a doubt arises regarding the violation of a Rabbinic prohibition, the more lenient perspective is followed."
|
6. |
Even after the brother of one of the deceased performs chalitzah with both women, the brother of the other deceased may not perform yibbum with one of the sisters, because she is the sister of the woman with whom he is obligated to perform yibbum (or with whom he performed chalitzah).
|
7. |
This and the clause that follows are restatements of the principles mentioned in the previous halachah.
|
8. |
In most instances, if there is a doubt with regard to a Rabbinic prohibition, one may a prioriperform the act in question. In this instance, it is only after the fact that yibbum is permitted. The reason for this stringency is that chalitzah is performed in public, and when people see that a woman who performed chalitzah married a priest, they may not appreciate the details of the particular instance and come to the false conclusion that there is no prohibition in doing so (Maggid Mishneh).
|
9. |
This also is basically a restatement of the principles mentioned in the first halachah.
|
10. |
Although the woman may be his yevamah, she may also be the sister of the woman with whom he is obligated to perform yibbum, and whom he is therefore forbidden to marry.
|
11. |
For it is unknown who should perform either yibbum or chalitzah, the sons of the mother or the sons of the daughter-in-law.
|
12. |
See Hilchot Gerushin 11:18, which states that a woman should wait three months after her husband's death, so that it will be possible to determine who fathered her child.
|
13. |
For example, the woman remarried two months after her first husband's death and gave birth seven months after her second marriage. Thus, it is unknown whether her child was fathered by her first husband or her second.
|
14. |
The law that follows applies when the woman's husbands have each fathered only one other son with another wife.
|
15. |
It is, however, forbidden for one of the sons to perform yibbum first, because it is possible that the deceased's wife is obligated to the other brother and must perform chalitzah.
|
16. |
Even if only one of the husbands dies childless, his brother still must perform chalitzah and may not perform yibbum.
|
17. |
Yibbum is prohibited because, as stated in Hilchot Gerushin 10:5, such a woman is forbidden to both her husbands and must be divorced by both of them.
The chalitzah performed by the brother of the first husband is required by Scriptural law, while thechalitzah performed by the brother of the second husband is mandated by Rabbinic decree.
|
18. |
I.e., each of the sons whose identity is known should marry one of the widows instead of having one marry more than one. When one son marries more than one widow, we are certain that he did not perform yibbum twice. Either - or neither - of the women he married could have been his brother's widow, but there was only one widow, not two. Our Sages preferred having each of the sons marry one woman and thus take the chance that they were all fulfilling yibbum, rather than have one marry more than one. See Yevamot 98b.
|
19. |
See Chapter 5, Halachah 10.
|
20. |
See Chapter 5, Halachah 9.
|
Gezelah va'Avedah - Chapter Seven
Halacha 1
Whenever a person becomes financially obligated to a fellow Jew, denies that obligation and takes a false oath to support his denial, should he later admit his obligation he is liable to return thePRINCIPAL that he denied plus a surcharge of one fifth of the new total. He is also liable to bring a sacrifice, which is called a guilt offering, for robbery.
Halacha 2
The above applies to any of the following: one who robbed, one who withheld money due a colleague, one who stole, one who tookA LOAN, one who was given an entrusted article, one who discovered a lost article and denied it, a partner with whom money belonging to the partnership remained, and an employer for whom a worker performed work, but was not paid.
To state the general principle: Whenever a person who admitted the obligation would be obligated by law to pay, he must pay the principal and a fifth if he denies his obligation, as Leviticus 5:21 says: "If he denies his colleague's claim regarding an entrusted object...."
Halacha 3
When does the above apply? When the person is obligated to pay because of his own actions. When, however, he is liable because of his father, he is not liable for the additional fifth.
What is implied? If one's father robbed or stole or wasIN DEBT to others, and the son knew of the matter, and after the father's death the son denied the claim, took an oath and afterwards admitted his liability, he need pay only the principal. For Leviticus 5:23 states: "that he obtained by robbery," implying that one is liable for an additional fifth for one's own robbery, but not for robbery committed by one's father.
Halacha 4
When does the above apply? When the object obtained by robbery no longerEXISTS. Different laws apply however, when a person's father obtained an object by robbery and then died, and the object still exists. If the heir denies his obligation, takes an oath to that effect and then admits his liability, he is liable for the principal and the addition of a fifth.
Halacha 5
If the father committed robbery, took a false oath, admitted his guilt and then died, his heir must pay the principal and the addition of a fifth.
Halacha 6
If the father committed robbery, took a false oath and then died, and the heir admitted the father's guilt, the heir is liable to pay only the principal.
In either instance, the heir is not obligated to bring the guilt offering.
Halacha 7
A person who takes a false oath in response to the claim of a gentile and later admits his guilt is obligated to pay the principal, but not the additional fifth, forLeviticus 5:21 speaks of one who "denies his colleague's claim."
Similarly, a person who takes less than the worth of a p'rutah by robbery, denies the charge and takes a false oath to that effectis not liable to pay an additional fifth, for anything less than a p'rutah's worth is not considered a significant financial responsibility.
What is meant by an additional fifth? One fourth of the principal. For example, if a person obtained four zuz by robbery and took a false oath, he must pay five. If the object obtained by robbery itself still exists, it must be returned and a fourth of its value added.
Halacha 8
A person who takes a false oath denying a financial claim is not liable to pay an additional fifth unless he himself admits his guilt. If, however, witnesses come and despite his continued denial establish his guilt through their testimony, he is liable to pay only the principal, but not the additional fifth.
The rationale is that the additional fifth and the sacrifice were instituted for the sake of atonement. Therefore, he is obligated for them only when it is his admission that makes him liable.
Halacha 9
When a person robs from a colleague, even if he denied the robbery - as long as he did not take a false oath - if he afterwards admits his guilt he is not liable to seek out the owner to return the money in his possession. Instead, it may remain in the possession of the robber until the owner comes and take his due.
If, however, he took a false oath concerning property worth a p'rutah or more, he is obligated to seek out the owner to return the money to him even if he is on far removed islands. The rationale is that once the robber took a false oath, the owner has despaired of the return of his property and will not demand it again.
Halacha 10
Even if a robber returned the entire worth of the object obtained by robbery with the exception of a p'rutah, he is obligated to bring it to the original owner. He may not give the p'rutah to the owner's son or agent unless the owner appointed an agent for this purpose in the presence of witnesses.
If the robber brings the principal and the additional fifth to the Rabbinic court in his city, he may bring a guilt offering and gain atonement thereby. The court will then ensure that the object obtained by robbery will reach its original owner. Similarly, the robber may give the article to an agent of the court. Whenever a person returns an object obtained by robbery or the like to a Rabbinic court, he has fulfilled his obligation to return it.
Halacha 11
When the robber gave the original owner the principal, but not the additional fifth, the owner waived payment of the principal but not of the additional fifth, or he waived payment of both with the exception of less than a p'rutah's worth of the principal, the robber does not have to seek out the owner. Instead, when the owner comes he will take the remainder of what is due him.
This ruling is followed when the owner waives payment of everything but less than a p'rutah's worth of the principal even when the object obtained by robbery itself exists. We do not suspect that perhaps the value of the article will increase, and thus the portion remaining will become worth a p'rutah.
If, however, the robber gave the owner the additional fifth, but did not give him the principal, or if the owner waived payment of the additional fifth but not of the principal, or he waived payment of both with the exception of less than ap'rutah's worth of the principal, the robber must seek out the owner or give the money to the Rabbinic court in his town, as explained in the previous halachot.
Halacha 12
If the robber returned the principal to the owner after denying his claim and taking a false oath and then denied owing him the additional fifth and took a false oath concerning this, the additional fifth is considered as part of the principal with regard to all matters, and the robber must pay another fifth because of it.
This is derived from Leviticus 5:24, which states: "And he shall add its fifths." The use of the plural teaches that he must add a fifth to a fifth if he continues to take false oaths until the fifth that he denies - and concerning which he takes a false oath - is worth less than a p'rutah.
Halacha 13
The following rule applies with regard to a person who had been entrusted with an object for safekeeping and who repeatedly took false oaths concerning the entrusted article. For example, the watchman claimed that the article was lost, took a false oath to support his claim and then admitted that it was in his possession. He then claimed it was lost and took a second false oath and then admitted it was in his possession. He must pay an additional fifth for every false oath, plus the principal.
This is derived from the phrase cited above: "And he shall add its fifths." The use of the plural teaches that he must pay several fifths for one principal.
Gezelah va'Avedah - Chapter Eight
Halacha 1
When a person robs a colleague and then the person whom he robbed dies, he must return the object obtained by robbery to his heirs. If the object became lost or underwent a change, he must pay them its value. If the robber originally denied the robbery and took a false oath to that effect, he must pay the heirs the principal and an additional fifth.
Halacha 2
The following laws apply when a person robs his father and takes a false oath, and then the father dies. If the object obtained by robbery no longer exists, or it has undergone a change, he should make a reckoning with his brothers with regard to the principal and the additional fifth. If the object obtained by robbery exists, he is obligated to remove it from his possession. Therefore, he must give the object and the additional fifth to his brothers, and they must make a reckoning with him.
Halacha 3
If the robber does not have any brothers, and he is thus the only heir, he must still remove the object obtained by robbery from his possession by giving it to his children.
If this son who robbed his father does not have children, he may give it to his creditor, give it as a loan or give it to charity. In such instances, since he has removed the object itself from his possession, he is no longer under obligation, even though he gave it as a present or repaid his debt with it. He must, however, tell the recipient: "This article was obtained by robbery from my father."
Halacha 4
Similar laws apply in the following instance. A person robs a convert, takes a false oath in response to his claim and then admits the robbery to him, and the convert considers the entire obligation a debt. If afterwards the convert dies, the robber acquires the object obtained by robbery as his own. He nevertheless is obligated to remove it from his possession.
Halacha 5
When does the above apply? When he admitted the robbery to the convert in the interim. If, however, he robbed a convert who did not have any heirs and took a false oath to him, and the convert died, he is obligated to pay the principal and the additional fifth to the priests of the watch serving in the Temple that week. He then brings a guilt offering and thus achieves atonement.
Halacha 6
Based on the Oral Tradition, it was taught that the verse in the Torah Numbers 5:8: "If a person does not have a redeemer..." refers to a convert who died without leaving heirs. The guilt offering the verse refers to is the object obtained by robbery or its worth.
For this reason, a person who returns an object that had been obtained by robbing a convert to the priests at night does not fulfill his obligation. For the verse describes this return as a guilt offering, and sacrifices are not offered at night.
The priests may not divide one object obtained by robbing a convert together with another object obtained by robbing a convert, just as they are not permitted to divide the meat of one guilt offering together with the meat of another guilt offering.
Halacha 7
Whenever the value of an object obtained by robbing a convert is not sufficient to give every priest from the watch of that week at least a p'rutah's worth, the robber who returns it does not fulfill his obligation. This is implied by Numbers,ibid., which states "it should be returned to God, to the priest," implying that a significant value must be returned to each priest.
Why does the verse referring to the robbery of a convert use the term "a man"? To teach that if the convert has attained majority, we must research the matter to determine whether or not he has heirs. If, however, the convert is a minor, there is no need to research the matter, for we can assume that he does not have heirs.
Halacha 8
With regard to the repayment of property obtained by robbing a convert, the priests are considered as recipients of presents. Therefore, when a person robschametz from a convert who dies without heirs and maintains possession of thechametz that he obtained by robbery during Pesach, he is obligated to pay the priests its value at the time of the robbery. For if he gave it to them at the present time, it would not be considered to be a gift, for one is forbidden to benefit from it. If, however, the convert himself were still alive, he could tell him: "Here is your article," as we have explained.
Halacha 9
When a priest robs from a convert who has no heirs, takes a false oath to him, and then the convert dies before the object obtained by robbery is returned to him, the priest does not acquire the object in his possession. Instead, he must give it to his brethren, the priests of the watch serving in the Temple that week.
Halacha 10
The following rules apply when a person robs from a convert, takes a false oath to him, the convert dies, the robber sets aside his guilt offering and the object obtained by robbery with the intent of bringing them to the priests, but dies before he could gain atonement. The robber's sons inherit the money set aside to pay for the object obtained by robbery or the object itself. The animal set aside for the guilt offering should pasture until it receives a disqualifying blemish, as has been explained in the appropriate place.
Halacha 11
If the robber gave the money to the priests of the watch, but died before the sacrifice that brings him atonement could be offered, the robber's heirs may not expropriate the money from the priests.
This is derived from Numbers 5:10: "When a man gives it to the priest, it shall be his." Even when the robber is a child who does not have the halachic capacity to give his property away as a present, his heirs cannot have the property expropriated from the priests.
Halacha 12
If the robber gave the money to priests from a watch that was not serving in the Temple at that time, and the animal to be sacrificed as the guilt offering to the priests of the watch serving in the Temple that week, the money should be given to the priests of the appropriate watch. For a watch that took money at a time other than its week did not acquire it, and it may be expropriated from the members of that watch.
Halacha 13
The guilt offering should not be sacrificed until the robber returns the principal to its owner, or to the priests if it was a convert without heirs who was robbed.
If the robber gave the owner the principal but not the additional fifth and had the guilt offering sacrificed, he is granted atonement, for the additional fifth does not prevent atonement from being granted. He is, however, obligated to give the owner the additional fifth after receiving atonement.
Halacha 14
The obligation to pay an additional fifth does not apply with regard to the robbery of Canaanite servants, promissory notes and landed property. This is derived from Leviticus 5:21, which states: "If he denies his colleague's claim regarding an entrusted object...." All the subjects mentioned in the verse are movable property that itself has financial worth. Thus, it excludes landed property - and servants, for they are equated with landed property - and promissory notes, for they themselves are not of financial worth.
Similarly, if these articles were obtained by robbing a convert who has no heirs, there is no obligation to give them to the priests.
Moreover, landed property never becomes the property of a robber, but rather it always remains the property of its rightful owner. Even if it were to be sold to a thousand people in succession and the owner were to despair of its return, it must be returned to its rightful owner without charge.
The person from whom it was expropriated should then sue the person who sold it to him. Each person in turn should sue the one who sold it to him, until the person who purchases it from the robber should sue the robber and collect from him, as will be explained in the following chapter.
Gezelah va'Avedah - Chapter Nine
Halacha 1
The following rules apply when a person robs a colleague of property and depreciates its value - e.g., he digs cisterns, trenches or caverns in it, or he cuts down trees, spoils springs or destroys a building - he is obligated to return the house or the field in its original condition, or to pay the owner for the depreciation of value.
If, however, the property depreciats in value as a result of natural phenomena - e.g., the flooding of a river or a fire that came as a result of lightning - the robber can tell the owner: "Here is your property." For landed property remains in the possession of its owner at all times, and the robber is not responsible for its decrease in value. Therefore, he is responsible only when he personally causes the damages. This is not the case with regard to movable property, as has been explained.
Halacha 2
The following rules apply when a person robs a colleague of a field and it was in turn taken from him by robbery and seized by brigands in the name of the king. If this is a condition that plagues the land as a whole - e.g., the king has confiscated the fields or homes of all the land's inhabitants - the robber can tell the owner: "Here is your property." If, however, it was confiscated because of the robber, the robber is obligated to provide the owner with another field.
Halacha 3
If the king compelled the robber to show him all the property he owned, and the robber showed him the field that he obtained by robbery together with his other fields, and the king confiscated it, the robber is obligated to provide the owner with another field comparable to the one taken, or to pay its value.
Halacha 4
When a person obtains a field by robbery and damages it by his actions, the owner of the field is entitled to collect the damages only from the property in the robber's possession; his obligation is equivalent to that of a loan supported by a verbal commitment.
If the robber was called to court and obligated to pay for the damage to the property obtained by robbery, and afterwards sells other property that he owned, the rightful owner of the property taken by robbery may collect his due from properties that the robber has already sold.
Halacha 5
If a person obtains properts by robbery and benefits from its produce, he must pay for all the produce that he consumed from the property in his possession.
When a person obtains landed property by robbery and increases its worth, the increase should be evaluated. The robber is placed at a disadvantage. If the increase in the property's value is greater than the expenses he undertook, the owner is required to reimburse him only for the expenses. If the expenses he undertook are greater than the increase in the property's value, he receives reimbursement for the expenses only to the extent of the increase in value.
Halacha 6
The following rules apply when a person obtains a field by robbery and sells it, and the purchaser causes its value to increase. If the increase in value is greater than the purchaser's expenses, he should be reimbursed for his expenses by the owner. He should collect the principal and the remainder of the increase in value from the robber.
Halacha 7
The purchaser may collect the principal even from encumbered property that the robber had sold. By contrast, he may collect the remainder of the increase in the property's value only from property presently in the robber's possession.
If the purchaser was aware that the field had been obtained by robbery when he purchased it, he is entitled to collect only the principal. He forfeits the increase in the property's value that exceeds his expense.
If his expense was greater than the increase in value, regardless of whether or not he recognized that the field was obtained by robbery, he receives reimbursement for the expenses only to the extent of the increase in value. This he collects from the owner of the field. He collects the principal from the robber, even from encumbered property that the robber had sold.
Halacha 8
The following rules apply when a person obtains a field by robbery, sells it, and the purchaser derives benefit from its produce. He should calculate the value of the produce that he consumed and pay that to the owner of the field. He should collect this money from the property in the possession of robber.
If he was aware that it was obtained by robbery, he is not entitled to reimbursement for the produce, and may collect only the principal from the robber.
Halacha 9
When a person sells a field that does not belong to him, the sale is not binding and the purchaser does not acquire anything, as we have explained. If, however, after selling the field, the robber purchased the field from its rightful owner, the sale to the purchaser is binding.
Even if the robber gave the field obtained by robbery away as a present and then purchased it from its rightful owner, the present is binding, because the thief took the trouble to purchase it so that he will have acted in good faith.
Halacha 10
For this reason, if the purchaser sued the robber for selling him a field that did not belong to him, the robber was obligated to pay, the court ordered that an announcement be made regarding the sale of the robber's property in order to pay the purchaser, and the robber purchased the field from its rightful owner after the announcement was made, the original sale to the purchaser is not binding.
Since a public announcement was made to expropriate his property, it was revealed that the robber had not acted in good faith. We thus conclude that he did not purchase the field from its rightful owner in order to establish the validity of the original sale.
Halacha 11
If after selling the field he obtained by robbery, the robber purchased it from its rightful owner, but then sold it again, gave it away as a present or endowed it as an inheritance to another person, he has indicated that his intent in purchasing the field was not to establish the validity of the sale to the person who bought it after it was obtained by robbery.
Similarly, if the robber acquired the property as an inheritance, the validity of the original sale is not established.
Halacha 12
The following principles apply if the robber expropriated from its owner the property that he had sold as payment for a debt. If the owner had property other than this, and the robber told him: "I want to collect this," we assume that his intent was to establish the validity of his sale. If, however, the owner had no other property besides this, his intent could have been solely to collect his debt.
Halacha 13
If the original owner gave the property to the robber later as a present, the purchaser acquires it. The rationale is that if the robber had not exerted himself on behalf of the owner, he would not have given him a present. Why then did he exert himself on behalf of the owner? So that the owner would give him the property and then he could act in good faith and establish the validity of his original sale.
Halacha 14
The following rules apply when a person obtains a field by robbery, and after it was established that his intent was to take it by robbery, he then purchases it from the original owner. If the original owner claims: "I was acting under coercion at the time that I sold it to him. I sold it to him against my will, because he was a robber," the robber does not acquire the field, even though there are witnesses that he purchased the field in their presence. Instead, the field should be restored to its original owner, and the robber should be given back the money that he paid.
Halacha 15
When is the money returned to the robber? When the witnesses testify that he counted out the money in their presence.
If, however, the witnesses testify that the owner of the land sold the robber the field and acknowledged that he gave him such and such an amount of money in their presence, and the owner claims that he never received the money and acknowledged this only because of his fear of the robber, then the robber is not given anything. Instead, the field is expropriated from him without payment. Since it has been established that the field was taken by robbery, we believe the owner's claim that he acknowledged the payment only out of fear.
Halacha 16
The owner of the field does not have to issue a protest over the sale in such an instance, for it has been established that the field was taken by robbery, and any proof of ownership brought by the robber is not accepted. For this reason, he need not issue a protest.
The laws pertaining to a robber are not the same as those that apply when a person coerces a colleague and inflicts physical harm upon him until he sells the property to him. For the person who applies coercion intends to rob, but as yet has not robbed. Therefore, in that instance, if the owner does not issue a protest, the sale is binding.
• Sunday, Elul 8, 5775 23 August 2015
"Today's Day"
Wednesday Elul 8 5703
Torah lessons: Chumash: Teitsei, Revi'i with Rashi.
Tehillim: 44-48. Also 22-24.
Tanya: This disencumberment (p. 453) ...crucible and furnace.(p. 453).
The Tzemach Tzedek listed three things by whose virtue he was successful at the Rabbinical Convention in Petersburg in 5603 (1843). One of these was the merit of the thirty-two thousand hours that he labored over the Alter Rebbe's discourses over the span of the thirty years from 5564 to 5594. (In 5564 - 1804 - he designated a special period to study the Alter Rebbe's discourses, and in 5594 - 1834 - work was begun on their publication.1
FOOTNOTES
1. See Sh'vat 3. and 14 Adar I.
Daily Thought:
Leash Your Heart
Your mind and heart need to build a relationship slowly, somewhat like a pet and its master.
At first, your mind needs to hold your heart tightly on a leash. Your heart screams, “I must have this! I must go there!” And your mind says, “Calm down. We talked this over already and we both agreed you don’t need to.”
The heart screams, “But now I feel I need to! If I don’t, who knows what will happen!”
And the mind says, “That’s because you are a heart. Hearts feel that way. But I am a mind and I know we will survive even if you don’t.”
Eventually, the heart learns the paths and gallops along them with ease. It becomes a mindful heart.
____________________________
No comments:
Post a Comment