Daily Quote:
"Love is strong as death" (Song of Songs 8:6) -- this is the love with which Jacob loved Joseph... "Envy is harsh as the grave" (ibid.) -- this is the envy of the brothers to Joseph. What can love achieve in face of envy?[Midrash Tanchuma]
Daily Study:
Chitas and Rambam for today:
Chumash: Chayei Sarah, 6th Portion Genesis 25:1-25:11 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 25
1And Abraham took another wife and her name was Keturah. אוַיֹּ֧סֶף אַבְרָהָ֛ם וַיִּקַּ֥ח אִשָּׁ֖ה וּשְׁמָ֥הּ קְטוּרָֽה:
Keturah: (Gen. Rabbah 61:4) This is Hagar. She was called Keturah because her deeds were as beautiful as incense (קְטֹרֶת), and because she tied (קָטְרָה, the Aramaic for“tied”) her opening, for she was not intimate with any man from the day she separated from Abraham. קטורה: זו הגר, ונקראת קטורה על שם שנאים מעשיה כקטרת ושקשרה פתחה שלא נזדווגה לאדם מיום שפרשה מאברהם:
2And she bore him Zimran and Jokshan and Medan and Midian and Jishbak and Shuah. בוַתֵּ֣לֶד ל֗וֹ אֶת־זִמְרָן֙ וְאֶת־יָקְשָׁ֔ן וְאֶת־מְדָ֖ן וְאֶת־מִדְיָ֑ן וְאֶת־יִשְׁבָּ֖ק וְאֶת־שֽׁוּחַ:
3And Jokshan begot Sheba and Dedan, and the sons of Dedan were Ashurim, Letushim, and Leumim. גוְיָקְשָׁ֣ן יָלַ֔ד אֶת־שְׁבָ֖א וְאֶת־דְּדָ֑ן וּבְנֵ֣י דְדָ֗ן הָי֛וּ אַשּׁוּרִ֥ם וּלְטוּשִׁ֖ם וּלְאֻמִּֽים:
Ashurim and Letushim: the names of the heads of nations (Gen. Rabbah 61:5). But I cannot reconcile the translation of Onkelos with the language of the verse [who translated אַשּׁוּרִם as לְמַשִׁירְיָן, meaning “camps.” And if you say that it is not so, because the “aleph” is not part of the root, we do have words that do not commence with an “aleph,” yet are prefixed with an“aleph.” For example (Amos 7:7): חוֹמַת אִנָ (a wall made by a plumbline), which is derived from [the same root as] (II Sam. 4:4) נְכֵה רַגְלָיִם (“lame in his feet”); and like (II Kings 4:2) אָסוּ שֶׁמֶן (“a jug of oil”), which is derived from [the same root as] (Ruth 3:3) וְרָחַצְתּ ָוָסַכְתָּ (“and you shall bathe and anoint yourself”). אשורם ולטושם: שם ראשי אומות. ותרגום של אונקלוס אין לי לישבו על לשון המקרא. שפירש למשירין, לשון מחנה. ואם תאמר שאינו כן מפני האל"ף שאינה יסודית, הרי לנו תיבות שאין בראשם אל"ף ונתוספה אל"ף בראשם, כמו (עמוס ז ז) חומת אנך, שהוא מן (שמואל ב' ד ד) נכה רגלים, וכמו (מלכים ב' ד ב) אסוך שמן שהוא מן (רות ג ג) ורחצת וסכת:
and Letushim: They are tent dwellers who spread hither and thither, and travel each in “his palatial tents,” (using the expression from Dan. 11:45), and so Scripture states (I Sam. 30:16):“and behold, they are scattered (נְטֻשִׁים) over the entire earth,” for “lammed” and “nun” are interchangeable.] ולטושים: הם בעלי אהלים המתפזרים אנה ואנה ונוסעים איש באהלי אפדנו, וכן הוא אומר (ש"א ל טז) והנה נטושים על פני כל הארץ, שכן למ"ד ונו"ן מתחלפות זו בזו:
4And the sons of Midian [were] Ephah and Epher and Enoch and Abida and Elda'ah; all these were the sons of Keturah. דוּבְנֵ֣י מִדְיָ֗ן עֵיפָ֤ה וָעֵ֨פֶר֙ וַֽחֲנֹ֔ךְ וַֽאֲבִידָ֖ע וְאֶלְדָּעָ֑ה כָּל־אֵ֖לֶּה בְּנֵ֥י קְטוּרָֽה:
5And Abraham gave all that he possessed to Isaac. הוַיִּתֵּ֧ן אַבְרָהָ֛ם אֶת־כָּל־אֲשֶׁר־ל֖וֹ לְיִצְחָֽק:
And Abraham gave, etc.: (Gen. Rabbah 61:6) R. Nechemiah said: He gave him a permanent blessing, for the Holy One, blessed be He, had said to Abraham (above 12:2)“ and you shall be a blessing,” i.e., the blessings are delivered into your hand to bless whomever you wish. And Abraham gave them over to Isaac. — [Mid. Ps. 1:5] ויתן אברהם וגו': אמר ר' נחמיה ברכה דיאתיקי, שאמר לו הקב"ה לאברהם (לעיל יב ב) והיה ברכה, הברכות מסורות בידך לברך את מי שתרצה, ואברהם מסרם ליצחק:
6And to the sons of Abraham's concubines, Abraham gave gifts, and he sent them away from his son Isaac while he [Abraham] was still alive, eastward to the land of the East. ווְלִבְנֵ֤י הַפִּֽילַגְשִׁים֙ אֲשֶׁ֣ר לְאַבְרָהָ֔ם נָתַ֥ן אַבְרָהָ֖ם מַתָּנֹ֑ת וַיְשַׁלְּחֵ֞ם מֵעַ֨ל יִצְחָ֤ק בְּנוֹ֙ בְּעוֹדֶ֣נּוּ חַ֔י קֵ֖דְמָה אֶל־אֶ֥רֶץ קֶֽדֶם:
concubines: (Gen. Rabbah 61:4) This [the word [פִּילַגְשִׁם] is spelled defectively [missing the letter “yud”], because there was only one concubine. That was Hagar, who was identical with Keturah. [The“yud,” denoting the plural, is absent, hence Rashi understands that the word פִּילַגְשִׁם denotes the singular. In our Torah scrolls, the plene spelling appears.] Wives are those who have a marriage contract, whereas concubines have no marriage contract, as is explained in Sanhedrin (21a) regarding David’s wives and concubines. הפילגשים: חסר כתיב, שלא היתה אלא פלגש אחת, היא הגר היא קטורה. נשים בכתובה, פילגשים בלא כתובה, כדאמרינן בסנהדרין (כא א) בנשים ופילגשים דדוד:
Abraham gave gifts: Our Sages explained that he gave them “the name of impurity” (Sanh. 91a). Another explanation: All that was given to him because of Sarah and the other gifts that were given to him, all these he gave to them, for he did not wish to benefit from them. נתן אברהם מתנות: פירשו רבותינו שם טומאה מסר להם. דבר אחר מה שניתן לו על אודות שרה ושאר מתנות שנתנו לו, הכל נתן להם שלא רצה ליהנות מהם:
7And these are the days of the years of Abraham's life that he lived: one hundred years and seventy years and five years. זוְאֵ֗לֶּה יְמֵ֛י שְׁנֵֽי־חַיֵּ֥י אַבְרָהָ֖ם אֲשֶׁר־חָ֑י מְאַ֥ת שָׁנָ֛ה וְשִׁבְעִ֥ים שָׁנָ֖ה וְחָמֵ֥שׁ שָׁנִֽים:
one hundred years and seventy years and five years: When he was one hundred years old, he was as one who is seventy years old, and when he was seventy years old, he was as one who is five years old, without sin. מאת שנה ושבעים שנה וחמש שנים: בן מאה כבן שבעים, ובן שבעים כבן חמש בלא חטא:
8And Abraham expired and died in a good old age, old and satisfied, and he was gathered to his people. חוַיִּגְוַ֨ע וַיָּ֧מָת אַבְרָהָ֛ם בְּשֵׂיבָ֥ה טוֹבָ֖ה זָקֵ֣ן וְשָׂבֵ֑עַ וַיֵּאָ֖סֶף אֶל־עַמָּֽיו:
9And Isaac and Ishmael his sons buried him in the Cave of Machpelah in the field of Ephron the son of Zohar the Hittite, which faces Mamre, טוַיִּקְבְּר֨וּ אֹת֜וֹ יִצְחָ֤ק וְיִשְׁמָעֵאל֙ בָּנָ֔יו אֶל־מְעָרַ֖ת הַמַּכְפֵּלָ֑ה אֶל־שְׂדֵ֞ה עֶפְרֹ֤ן בֶּן־צֹ֨חַר֙ הַֽחִתִּ֔י אֲשֶׁ֖ר עַל־פְּנֵ֥י מַמְרֵֽא:
Isaac and Ishmael: (Gen. Rabbah 30:4, 38:12) From here [we may deduce] that Ishmael repented and let Isaac go before him, and that is the meaning of “a good old age” which is stated regarding Abraham (above 15:15). - [B.B. 16b] יצחק וישמעאל: מכאן שעשה ישמעאל תשובה והוליך את יצחק לפניו, והיא שיבה טובה שנאמר באברהם:
10The field that Abraham had bought from the sons of Heth there Abraham and his wife Sarah were buried. יהַשָּׂדֶ֛ה אֲשֶׁר־קָנָ֥ה אַבְרָהָ֖ם מֵאֵ֣ת בְּנֵי־חֵ֑ת שָׁ֛מָּה קֻבַּ֥ר אַבְרָהָ֖ם וְשָׂרָ֥ה אִשְׁתּֽוֹ:
11Now it came to pass after Abraham's death, that God blessed his son Isaac, and Isaac dwelt near Be'er Lachai Ro'i. יאוַיְהִ֗י אַֽחֲרֵי֙ מ֣וֹת אַבְרָהָ֔ם וַיְבָ֥רֶךְ אֱלֹהִ֖ים אֶת־יִצְחָ֣ק בְּנ֑וֹ וַיֵּ֣שֶׁב יִצְחָ֔ק עִם־בְּאֵ֥ר לַחַ֖י רֹאִֽי:
Now it came to pass after Abraham’s death, that God blessed, etc.:He consoled him with the consolations of the mourners (Sotah 14b). Another explanation: Even though the Holy One, blessed be He, delivered the blessings to Abraham, he was afraid to bless Isaac because he foresaw Esau emanating from him. So he said,“May the Master of blessings come and bless whomever He pleases.” And the Holy One, blessed be He, came and blessed him. - [Tan. Lech Lecha 4] ויהי אחרי מות אברהם ויברך וגו': נחמו תנחומי אבלים. דבר אחר אף על פי שמסר הקדוש ברוך הוא את הברכות לאברהם, נתיירא לברך את יצחק מפני שצפה את עשו יוצא ממנו, אמר יבא בעל הברכות ויברך את אשר ייטב בעיניו ובא הקדוש ברוך הוא וברכו:
---------------------
Daily Tehillim: Chapters 113 - 118
• Hebrew text
• English text
• Chapter 113
This psalm recounts some of the wonders of the exodus from Egypt.
1. Praise the Lord! Offer praise, you servants of the Lord; praise the Name of the Lord.
2. May the Name of the Lord be blessed from now and to all eternity.
3. From the rising of the sun to its setting, the Name of the Lord is praised.
4. The Lord is high above all nations; His glory transcends the heavens.
5. Who is like the Lord our God, Who dwells on high
6. [yet] looks down so low upon heaven and earth!
7. He raises the poor from the dust, lifts the destitute from the dunghill,
8. to seat them with nobles, with the nobles of His people.
9. He transforms the barren woman into a household, into a joyful mother of children. Praise the Lord!
Chapter 114
This psalm explains why the tribe of Judah merited kingship.
1. When Israel went out of Egypt, the House of Jacob from a people of a foreign tongue,
2. Judah became His holy [nation], Israel, His domain.
3. The sea saw and fled, the Jordan turned backward.
4. The mountains skipped like rams, the hills like young sheep.
5. What is the matter with you, O sea, that you flee; Jordan, that you turn backward;
6. mountains, that you skip like rams; hills, like young sheep?
7. [We do so] before the Master, the Creator of the earth, before the God of Jacob,
8. Who turns the rock into a pool of water, the flintstone into a water fountain.
Chapter 115
A prayer that God bring this long exile to an end, for the sake of His Name-that it not be desecrated.
1. Not for our sake, Lord, not for our sake, but for the sake of Your Name bestow glory, because of Your kindness and Your truth.
2. Why should the nations say, "Where, now, is their God?”
3. Indeed, our God is in heaven; whatever He desires, He does.
4. Their idols are of silver and gold, the product of human hands.
5. They have a mouth, but cannot speak; they have eyes, but cannot see;
6. they have ears, but cannot hear; they have a nose, but cannot smell;
7. their hands cannot touch; their feet cannot walk; they can make no sound in their throat.
8. Those who make them will become like them-all who put their trust in them.
9. Israel, trust in the Lord; He is their help and their shield.
10. House of Aaron, trust in the Lord; He is their help and their shield.
11. You who fear the Lord, trust in the Lord; He is their help and their shield.
12. The Lord who is ever mindful of us, may He bless: May He bless the House of Israel; may He bless the House of Aaron;
13. may He bless those who fear the Lord, the small with the great.
14. May the Lord increase [blessing] upon you, upon you and upon your children.
15. You are blessed by the Lord, the Maker of heaven and earth.
16. The heavens are the Lord's heavens, but the earth He gave to the children of man.
17. The dead cannot praise the Lord, nor any who descend into the silence [of the grave].
18. But we will bless the Lord from now to eternity. Praise the Lord!
Chapter 116
This psalm contains magnificent praises to God. It also describes David's love for God, in light of all the miracles He performed for him. David does not know how to repay God, declaring it impossible to pay back for all God has done for him.
1. I would love if the Lord would listen to my voice, to my supplications;
2. if He would turn His ear to me on the days when I call.
3. The pangs of death encompassed me and the misery of the grave came upon me; I encounter trouble and sorrow.
4. I invoke the Name of the Lord, "Lord, I implore you, deliver my soul!”
5. The Lord is gracious and righteous; our God is compassionate.
6. The Lord watches over the simpletons; I was brought low, and He saved me.
7. Return, my soul, to your tranquility, for the Lord has bestowed goodness upon you.
8. For You have delivered my soul from death, my eyes from tears, my feet from stumbling.
9. I shall walk before the Lord in the lands of the living.
10. I had faith even when I declared, "I am greatly afflicted";
11. [even when] I said in my haste, "All men are deceitful.”
12. How can I repay the Lord for all His beneficences to me?
13. I will raise the cup of deliverance and proclaim the Name of the Lord.
14. I will pay my vows to the Lord in the presence of all His people.
15. Grievous in the eyes of the Lord is the death of His pious ones.
16. I thank you, Lord, that since I am Your servant, I am Your servant the son of Your maidservant, You have loosened my bonds.
17. To You I will bring an offering of thanksgiving, and proclaim the Name of the Lord.
18. I will pay my vows to the Lord in the presence of all His people,
19. in the courtyards of the House of the Lord, in the midst of Jerusalem. Praise the Lord!
Chapter 117
This psalm of two verses alludes to the Messianic era, when the Children of Israel will enjoy their former glory. All will praise God, in fulfillment of the verse, "All will then call in the Name of God."
1. Praise the Lord, all you nations; extol Him, all you peoples.
2. For His kindness was mighty over us, and the truth of the Lord is everlasting. Praise the Lord!
Chapter 118
This psalm describes David's immense trust in God. It also contains many praises to God, Who has fulfilled that which He has promised us.
1. Offer praise to the Lord for He is good, for His kindness is everlasting.
2. Let Israel declare that His kindness is everlasting.
3. Let the House of Aaron declare that His kindness is everlasting.
4. Let those who fear the Lord declare that His kindness is everlasting.
5. From out of distress I called to God; with abounding relief, God answered me.
6. The Lord is with me, I do not fear-what can man do to me?
7. The Lord is with me among my helpers, and I will see [the downfall of] my enemies.
8. It is better to rely on the Lord than to trust in man.
9. It is better to rely on the Lord than to trust in nobles.
10. All the nations surrounded me, but in the Name of the Lord I will cut them down.
11. They surrounded me, they encompassed me, but in the Name of the Lord I will cut them down.
12. They surrounded me like bees, yet they shall be extinguished like fiery thorns; in the Name of the Lord I will cut them down.
13. You [my foes] repeatedly pushed me to fall, but the Lord helped me.
14. God is my strength and song, and He has been a help to me.
15. The sound of rejoicing and deliverance reverberates in the tents of the righteous, "The right hand of the Lord performs deeds of valor.
16. The right hand of the Lord is exalted; the right hand of the Lord performs deeds of valor!”
17. I shall not die, but I shall live and recount the deeds of God.
18. God has indeed chastised me, but He did not give me up to death.
19. Open for me the gates of righteousness; I will enter them and praise God.
20. This is the gate of the Lord, the righteous will enter it.
21. I offer thanks to You, for You have answered me, and You have been my deliverance.
22. The stone which the builders scorned has become the chief cornerstone.
23. From the Lord has this come about; it is wondrous in our eyes.
24. This is the day which the Lord has made; let us be glad and rejoice on it.
25. We implore You, Lord, deliver us. We implore You, Lord, grant us success.
26. Blessed is he who comes in the Name of the Lord; we bless you from the House of the Lord.
27. The Lord is a benevolent God and He has given us light; bind the festival offering with cords until [you bring it to] the horns of the altar.
28. You are my God and I will praise You, my God-and I will exalt You.
29. Praise the Lord for He is good, for His kindness is everlasting.
---------------------Tanya: Iggeret HaKodesh, Epistle 30
• Lessons in Tanya
• English Text:
• Hebrew Text
• Audio Class: Listen | Download
• Hebrew Text
• Audio Class: Listen | Download
Today's Tanya Lesson
Iggeret HaKodesh, Epistle 30
This is a reasoned message of encouragement in which the Alter Rebbe urges his chassidim not to reduce their fixed annual commitment to charity for the Holy Land, even though their circumstances may have altered. He reminds them once again (as above in Epistle XXI), that what counts is not only the total of one’s contributions over a particular period, but also the multiplicity of benevolent action. The potent repercussions of this oft-repeated activity resound all the way up to the World of Atzilut, where they impregnate the Sefirah of Malchut — the mother, so to speak, of all created worlds.
מודעת זאת מה שאמרו רז״ל: כל הרגיל לבא לבית הכנסת, ויום אחד לא בא, הקדוש ברוך הוא שואל עליו, שנאמר: מי בכם ירא ה׳ וכו׳
It is well known that our Sages, of blessed memory, said that1 whoever is accustomed to come to the synagogue, and one day did not come, the Holy One, blessed be He, inquires after him; for it is written,2“Who among you fears G‑d, [who listens to the voice of His (prophetic) servant; who walked in the darkness, and for whom no light shone]?”
The Gemara understands this verse as referring to a person who went to “a place of darkness”; his path on this occasion did not lead to the performance of a mitzvah, and this was why he did not attend synagogue. In contrast, the commentaries on the Tanach understand the quoted phrase as referring to a person who finds himself in a situation of darkness and travail. And even such an individual should not refrain from attending, but should (as the verse concludes) “trust in the Divine Name, and rely on His G‑d.”
In this spirit, the present letter argues that even in a difficult situation, at a time of “darkness”, a Jew should not think of reducing his accustomed charitable contributions; rather, he should “trust in the Divine Name, and rely on His G‑d.”
To return now to the opening teaching — that whoever is accustomed to come to the synagogue, and one day did not come, G‑d inquires after him. This does not apply only to the communal prayer of which the Gemara speaks; rather:
וכן בכל המצות, ובפרט מצות הצדקה, ששקולה כנגד כל המצות
The same applies to all the commandments, and especially to the precept of charity, which is3 “balanced against all the commandments.” Thus, if the above teaching applies to prayer, it surely applies to charity: If a person retreats from his customary charitability, “G‑d inquires after him.”
הגם שהיא בלי נדר, חס ושלום
Though [one’s regular giving] is not bound by a vow, heaven forfend, for one should of course see to it that an accustomed mitzvah should not become subject to the legal force of a vow,4
אף על פי כן, כל החיל אשר נגע יראת ה׳ בלבם, לא יאתה לנפשם האלקית לתת מגרעות בקדש
nevertheless, it is not becoming to the divine soul of all the men of valor whose hearts the fear of G‑d has touched,5 that they should reduce that which is holy, for by restricting their charitable contributions they reduce the downflow of Divine energy from the sublime source which is called Kodesh (lit., “holy”) into the Sefirah of Malchut,
מאשר כבר הורגלו מדי שנה להפריש ממאודם
relative to what they were accustomed to set aside, annually, from their wealth,6
להחיות רוח שפלים ונדכאים, דלית להון מגרמיהון
to revive the spirit of the humble and downcast who have nothing of their own, viz., the impoverished settlers of the Holy Land —
היא בחינת סוכת דוד הנופלת וכו׳
which [during the time of exile] is referred to as7 “the fallen sukkah of David...,” as also is its supernal source, the Sefirah of Malchut in the World of Atzilut,8
לקומם ולרומם וכו׳
to raise and exalt [it]...
למהוי אחד באחד וכו׳
“so that oneness be united with Oneness.”9
In the context of souls in this world, this means that tzedakah unites one Jew with his fellow. In the supernal context ofSefirot, it refers to the desired connection between (a) the “lower level of unity” (Yichuda Tataah) which comes into being when the Sefirah of Malchut becomes a source of creation to lower worlds, and (b) the “higher level of unity” (Yichuda Ilaah)involving the six higher emotive Sefirot, which transcend direct contact with the created worlds. This is the union of Kudsha Brich Hu and His Shechinah, which is also called Malchut of Atzilut.
והכל לפי רוב המעשה וכו׳
And10 “everything is [judged] according to the multiplicity of action....”
As discussed above in Epistle XXI, it is preferable to divide a sum set aside for tzedakah into many individual acts of giving. Maimonides explains11 that this refines the soul. Chassidut adds that each act of giving effects a union (yichud) in the worlds above.
Accordingly, the Alter Rebbe had explained in the above Epistle that one’s annual contribution for the needy of Eretz Yisrael should be given weekly or at least monthly. It could therefore be that here he is warning against reducing one’s contribution one year and compensating for it the following year, because in this way the present year would be lacking the “multiplicity of action.” (It is clear that the Alter Rebbe is not speaking here of a situation in which a person simply thinks of not giving because of his difficult circumstances, because he has already said in Epistle XVI that even if one needs to borrow for food, he should still give tzedakah.)
ולפי החשבון
and according to the account (cheshbon).
As the Alter Rebbe will soon point out, the level of Divinity from which one elicits “G‑d’s greatness” is determined by the magnitude of the total amount — whether it is in hundreds or thousands, or whatever. (Multiples of a hundred, for example, relate to the level known as Keter.) Reducing one’s regular gift thus proportionately reduces both his “great amount” and its cosmic effect.
כמאמר רז״ל: כל פרוטה ופרוטה מצטרפת לחשבון גדול וכו׳
Thus our Sages, of blessed memory, said,12 “All the individual coins [given to charity] add up to a great amount (cheshbon gadol),”
על דרך מאמר רז״ל: אימתי גדול הוי׳, כשהוא בעיר אלקינו וכו׳
and as taught by our Sages, of blessed memory,13 “When is ‘Havayah great’? — When He is ‘in the city of our G‑d’ Malchut, at which]14
I.e., G‑d’s greatness is revealed when the Divine Name Havayah is vested in the Sefirah of Malchut, and illuminates it.Malchut, the realm of speech, is known as “the city of our G‑d,” for just as a city is composed of many dwellings which in turn are composed of many bricks, so too is the realm of speech built up of many letters and combinations of letters. In Sefer Yetzirah,15 letters are termed “stones”, for they are the basic bricks which join to form the ongoing Divine creative utterances which are the source of all worlds and all created beings.16 They thus reveal the greatness of G‑d’s glory.
The Alter Rebbe now continues to speak of the “city of our G‑d,” which is the Sefirah of Malchut:
היא בחינת ומקום החשבון
This is the spiritual state and the place of reckoning (cheshbon),17
For reckoning is possible only with entities which are finite and divisible, and Malchut is the source of all finite and divisible created beings.
כמו שכתוב: עיניך ברכות בחשבון
as it is written,18 “Your eyes are wells in Cheshbon.”
Since a well (or a pool) is a receptor for water that flows down into it, “well” serves as a term for Malchut, i.e., the “feminine” Sefirah which receives the downflow of Divine life-force from the higher Sefirot. The word “Cheshbon” is a Biblical place name, but on the non-literal level of derush it is here understood in its dictionary meaning of “reckoning”. The allusion to this verse thus reinforces the identity of the concept of “reckoning” with the Sefirah of Malchut.
The Alter Rebbe now returns to clarify the meaning of his earlier statement that giving a “great amount” (cheshbon gadol)of tzedakah manifests the “greatness of Havayah” in the “city of our G‑d.”
והמכוון, כנודע, כי באתערותא דלתתא, המשכת חיים חן וחסד במעשה הצדקה, ברצון הטוב וסבר פנים טובות, אתערותא דלעילא
As is known, the meaning [of the above statement] is that as a result of an arousal from [man] below — the provision of [the means for] life, grace and kindness by an act of charity with goodwill and a friendly countenance — there is elicited an arousal from above,
יאר ה׳ פניו, הוא הארת והמשכת חן וחסד ורצון עליון
[so that]19 “G‑d will make His Countenance shine forth,” with a radiation and downflow of grace, kindness and Supreme favor
מחיי החיים, אין סוף ברוך הוא, אשר לגדולתו אין חקר והשגה כלל
from the Fountainhead of Life, the blessed Ein Sof,20 “Whose greatness is unfathomable” and utterly incomprehensible (and thus not manifest),
אל בחינת מלכותך מלכות כל עולמים, עלמא דאתגליא
to the level [of Divinity, viz., Malchut, at which]21 “Your kingdom is the kingdom of all worlds,” [i.e.,] the “World of Manifestation.”
המחיה כל הברואים שבכל ההיכלות עליונים ותחתונים, שהן בבחינת מספר וחשבון
This [Sefirah of Malchut] animates all the created beings that are in all the upper and lower Heichalot, which are all subject to counting and reckoning (cheshbon),
כמו שכתוב: אלף אלפים ישמשוניה
as it is written,22 “A thousand thousands (i.e., a finite number of angels) minister unto Him.”
To revert now to our above key phrase, cheshbon gadol (“a great reckoning”): Giving tzedakah with goodwill and a friendly countenance marries the infinite power of gadol Havayah (“G‑d is great”) with the finite framework of cheshbon(“reckoning”) — the Sefirah of Malchut, which is the source of all finite created beings.
וזהו חשבון גדול, שעל ידי רוב מעשה הצדקה, שלום
This, then, is the meaning of the “great amount,” for numerous acts of charity bring about peace, as it is written,23 “And [the reward for] the act of tzedakah will be peace,” as explained above in Epistle 12.
כי פירוש שלום, הוא דבר המחבר ומתווך ב׳ קצוות הפכיים
For “peace” implies the joining and conciliation of two opposite extremes.
שהן קצה השמים לעילא, בחינת ולגדולתו אין חקר
[In our context] these are the extremity of the superior heaven, alluded to in the phrase, “And His greatness is unfathomable,” referring to G‑d’s incomprehensible infinitude,
וקצה השמים לתתא
and the extremity of the inferior heaven, referring to Malchut, the lowest of the Ten Sefirot,
המתלבש בבריאה יצירה עשיה, בחינת גבול ומספר
which becomes vested in [the Worlds of] Beriah, Yetzirah and Asiyah, [i.e.,] in a category of finitude and number.
ודי למבין
This will suffice for the discerning.
| FOOTNOTES | |
| 1. | Cf. Berachot 6b. |
| 2. | Yeshayahu 50:10. |
| 3. | Bava Batra 9b; Yerushalmi, Peah 1:5. |
| 4. | Shulchan Aruch, Yoreh Deah, sec. 203. |
| 5. | Cf. I Samuel 10:26. |
| 6. | Berachot 9:5. |
| 7. | Siddur Tehillat HaShem, p. 93. |
| 8. | Cf. Epistles IV and XXI, above. |
| 9. | From the passage beginning Kegavna, in Zohar II, 135a; cf. Siddur Tehillat HaShem, p. 133. |
| 10. | Avot 3:15. |
| 11. | In his commentary ad loc. |
| 12. | Bava Batra 9b. |
| 13. | Zohar II, 225a, commenting on Tehillim 48:2. |
| 14. | Loc. cit., verse 13. |
| 15. | 4:12. |
| 16. | Cf. Shaar HaYichud VehaEmunah (in Vol. III of the present series), chs. 1 and 2. |
| 17. | Cf. Zohar III, 220b. |
| 18. | Shir HaShirim 7:5. |
| 19. | Bamidbar 6:25. |
| 20. | Tehillim 145:3. |
| 21. | Loc. cit., verse 13. |
| 22. | Daniel 7:10. |
| 23. | Yeshayahu 10:17. |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Today's Mitzvah
Friday, Cheshvan 24, 5776 · November 6, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 285
False Testimony
"You shall not bear false witness against your neighbor"—Exodus 20:13.
It is forbidden to testify falsely.
Full text of this Mitzvah »
Friday, Cheshvan 24, 5776 · November 6, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 285
False Testimony
"You shall not bear false witness against your neighbor"—Exodus 20:13.
It is forbidden to testify falsely.
Full text of this Mitzvah »
False Testimony
Negative Commandment 285
Translated by Berel Bell
The 285th prohibition is that we are forbidden from giving false testimony.
The source of this prohibition is G‑d's statement,1 "Do not testify as a false witness (eid sheker) against your neighbor." This prohibition is repeated using a different expression,2 "as a perjurous witness" (eid shav).
Scripture3 dictates the punishment for one who violates this prohibition, "You must do the same to them as they plotted to do to their brother." The Mechilta says,4 "The verse, 'Do not testify as a false witness' is the prohibition regarding false witnesses (eidim zom'mim5)"
The punishment for violating this prohibition is lashes, as explained in the last chapter6 of tractate Makkos, where the details of this mitzvah are explained.
FOOTNOTES
1.Ex. 20:13
2.Deut. 5:17.
3.Ibid., 19:19.
4.Parshas Yisro. Evidently the Rambam quotes the Mechilta because the phrase "the prohibition" proves that this verse constitutes a Biblical prohibition and therefore included in the count of the 613 mitzvos.
5.Eidim zom'mim are a particular type of false witnesses, who have been proven false by virtue of testimony that they were not present at the event they claim to have witnessed. If Reuven and Shimon testified, for example, that they saw Levi kill Yehudah, they could be proven to be eidim zom'mim if others testify that they saw Reuven and Shimon in another city on that day. If this happens, Reuven and Shimon are put to death since this is what they tried to have inflicted on Levi. See the next mitzvah, P180.
6.4b. This should evidently read, "first chapter." See Kapach, 5731, footnote 1.
---------------------
• 1 Chapter: Nedarim Nedarim - Chapter 3 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
• 1 Chapter: Nedarim Nedarim - Chapter 3 • English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Nedarim - Chapter 3
Halacha 1
There are four differences between a vow and a sh'vuat bitui:
a) With regard to a sh'vuat bitui, one oath cannot take effect while another is already in effect,1 and with regard to vows, a vow can take effect while another is already in effect.
b) When one attempts to extend the scope of an oath taken previously, he is not liable,2 and with regard to vows, one is.
c) A sh'vuat bitui can take effect only with regard to actions that are left to one's choice,3 while vows take effect with regard to mitzvot as well as actions that are left to one's choice.
d) A sh'vuat bitui can take effect with regard to entity of substance and an entity that is not of substance, 4 while vows take effect only with regards to entities of substance.
Halacha 2
What is meant by the statement that a vow can take effect while another is already in effect? If a person says: "I will be obligated to bring a sacrifice if I eat this loaf [of bread]," [repeats]: "I will be obligated to bring a sacrifice if I eat it," he is liable [to bring a sacrifice] for every oath that he takes. Similar laws apply in all analogous situations.
Halacha 3
What is meant by the statement that one who extends the scope of a vow taken previously is liable? He heard his colleague take a vow and said: "And I am like you" immediately thereafter,5 he is forbidden [to partake of] the substance that his colleague deemed forbidden.6 If a third person heard the second person say: "And I am like you," and he also said: "I am like you," [he is also forbidden]. Even if there are one hundred and each one says: "And I am like you" immediately thereafter the statements of the previous one," they are all forbidden.
Halacha 4
Similarly, when one says: "This meat is considered forbidden to me,' and even after several days7 says: "This bread is like this meat," [the prohibition] is extended to the bread and it becomes forbidden. If afterwards, he said: "And this honey is like this bread, and this wine is like this honey," even if he mentions 100 [substances], they are all forbidden.
Halacha 5
[The following rules apply when a person's] father or teacher died on a particular day and he took a vow to fast that day8 and [actually] fasted.9 If after years past, he said: "Let this day10 be considered as the day on which my father - or my teacher - died," he is forbidden to eat on that day. For he attached this day [to his existing vow] and caused it to be forbidden as the day which is forbidden for him. Similar laws apply in all analogous situations.
Halacha 6
What is meant by the statement that vows take effect with regard to mitzvot as well as actions that are left to one's choice? When a person says: "Matzah is forbidden to me on Pesach night," "Dwelling in a sukkah on that holiday is forbidden to me," or "I am forbidden to take hold of tefillin," they are forbidden to him. If he ate matzah, dwelled in a sukkah, or took tefillin, he is liable for lashes.11 Similar laws apply in all analogous situations. Needless to say, one who says: "I am obligated to bring a sacrifice if I eat matzah on Pesach night," is obligated to bring a sacrifice.12 Similar laws apply in all analogous situations.
Halacha 7
Why do vows take effect with regard to mitzvot and oaths do not take effect with regard to mitzvot? Because when a person takes an oath he forbids himself from [partaking of] the entity mentioned in the oath.13 When, by contrast, one takes a vow, he causes the entity mentioned in the vow to be forbidden to him.14 Thus when a person takes an oath to nullify a mitzvah, he is placing a prohibition upon himself and he is already bound by an oath [to observe that mitzvah] from Mount Sinai, and one oath does not take effect if another is already in effect. When, by contrast, a person causes an entity to be forbidden through a vow, the prohibition involves the entity itself and that entity is not under oath from Mount Sinai.
Halacha 8
When you contemplate [the wording of] the Torah, it appears that their interpretation matches the explanation which our Sages received according to the Oral Tradition. For with regard to a sh'vuat bitui, [Leviticus 5:4] states: "Whether he will do harm or do good," i.e., speaking about permitted activities as we explained,15 e.g., whether I will eat or drink today, whether I will fast, or the like. With regard to vows, by contrast, [Numbers 30:3] states: "He shall do everything uttered by his mouth," without differentiating between matters associated with mitzvot and those left to our own volition.
Halacha 9
When a person takes a vow to fast on the Sabbath or a festival, he is obligated to fast16 for vows take effect even when they involve [the nullification of] a mitzvah as explained.17 Similarly, if a person takes an oath to fast every Sunday or every Tuesday throughout his life and a festival or the day preceding Yom Kippur18 falls on that day, he is obligated to fast. Needless to say, this applies with regard to Rosh Chodesh. If, however, Chanukah or Purim fall [on these days], his vow is superceded by [the celebrations of] these days. Since the prohibition against fasting on them is based on Rabbinic decree, reinforcement is necessary.19 Hence, his vow is superceded by the Rabbinic decree.
Halacha 10
What is meant by the statement that vows take effect only with regards to entities of substance? If one says: "My speech is like a sacrifice for you,"20 he is not forbidden to speak to him, because speech is not an entity of substance. Similarly, if he tells him: "My speech is forbidden to you," it is not like his saying: "my produce is forbidden to you," or "My produce is like a sacrifice for you," in which instance, [the produce] would be forbidden.
Therefore, if a person tells a colleague: "[It is like a vow for] a sacrifice that I will not speak with you," "...that I will not act on your behalf," or "...that I will not go with you," or he told his wife, "[It is like a vow for] a sacrifice that I will not be intimate with you," his vow does not take effect in all these instances. For this is as if he is saying: "My speech, going, actions, or intimacy is like a sacrifice, and none [of these are] entities of substance.21
Halacha 11
When, by contrast, a person says: "Let my mouth be forbidden to speak, my hands to act, my feet to walk, and my eyes to sleep," his vow is effective with regard to them.22 Therefore if a person tells a colleague: "My mouth is like a sacrifice with regard to speaking with you, my hands [are so] with regard to acting on your behalf, and my feet [are so] with regard to going with you," he becomes forbidden.
Similarly, one who tells a colleague: "I will be obligated to bring a sacrifice if I speak to so-and-so" or "...if I don't speak to so-and-so," he is obligated to bring a sacrifice if he violates this commitment. Similarly, if he took a vow in which he said: "[If] I spoke [to so-and-so, I must bring a sacrifice]" or "[If] I did not speak..." or the like, [he is liable]. For these are not vows in which he accepts prohibitions upon himself23 whose ground rules we are explaining here, but vows of dedication.24
Halacha 12
Although when a person takes a vow concerning entities that are not of substance and forbids them, the vow does not take effect with regard to them, we do not rule that he should act as if they are permitted. [Instead,] since he willingly [took a vow] forbidding them to him, [according to Rabbinic decree]25the vow took effect with regard to them. Although they are not forbidden, we give him an opportunity [to ask for the vow's release] from another vantage point and then release the vow, so that he will not act frivolously with regard to vows.26
| FOOTNOTES | |
| 1. |
See Hilchot Sh'vuot 4:9-10. The reverse ruling with regard to vows is described in Halachah 2.
|
| 2. |
See Hilchot Sh'vuot 2:8-9. The reverse rulings with regard to vows are described in Halachot 3-5.
|
| 3. |
See Hilchot Sh'vuot 5:14-16. The reverse ruling with regard to vows is described in Halachot 6-9.
|
| 4. |
This concept can be explained as follows: As stated in Halachah 6, an oath creates a prohibition on the person taking the oath (the gavra), i.e., the article is essentially permitted, he has accepted a prohibition on himself not to partake of it. Hence, it is not significant whether the article is of substance or not. With regard to vows, by contrast, the article itself (the cheftzah) becomes forbidden. Hence, for that prohibition to take effect, the article must be of substance (Radbaz). See Halachah 10 for an illustration of how this principle is effective with regard to vows.
|
| 5. |
This term refers to a specific span of time, the time it takes to say: Shalom Elecha Rebbi (Hilchot Sh'vuot 2:17).
|
| 6. |
I.e., he is extending the scope of his colleague's vow, so that it includes not only his colleague, but he himself.
Here also the concept can be explained according to the above difference. Since an oath involves an obligation on the person taking the oath (gavra), it cannot be extended to include another individual, for each person must take his own oath. With regard to a vow, by contrast, since the prohibition caused by the vow is associated with a substance (cheftzah), another person can also extend the prohibition to himself (Rabbenu Nissim).
|
| 7. |
In this instance, it is not necessary to make the statement immediately thereafter the first vow. Since the meat is visible before us, one can attach a vow to it. With regard to the previous halachah, by contrast, we are speaking about a subject that cannot be seen. Hence, unless the statements are made immediately after each other, there is no way we can be certain of the meaning of the statement: "And I am like you" (Radbaz).
|
| 8. |
This is a common practice in many communities.
|
| 9. |
If, however, he never fasted on that day, he cannot attach another day to this vow (Chazon Yechezkel).
|
| 10. |
I.e., any given day.
|
| 11. |
For breaking his vow. The Rama (Yoreh De'ah 215:1) mentions a view that maintains that the person should be given corporal punishment for taking such a vow and should be compelled to ask to have the vow released.
|
| 12. |
For he can fulfill the mitzvah and bring the sacrifice (the Rambam's Commentary to the Mishnah,Nedarim 2:2).
|
| 13. |
I.e., the prohibition involves the gavra, the person himself. It cannot take effect if he is already bound to act otherwise.
|
| 14. |
I.e., the prohibition involves the cheftzah, the article. Once it is forbidden, it is forbidden to fulfill the mitzvah by partaking of it or using it, for a positive commandment does not supercede a negative commandment. It would be a mitzvah fulfilled through a transgression which is a forbidden act (the Rambam's Commentary to the Mishnah, loc. cit.).
|
| 15. |
Hilchot Sh'vuot 5:16.
|
| 16. |
Despite the fact that by doing so he negates the mitzvah of taking pleasure in the Sabbath and festivals. The Ra'avad clarifies that the matter is dependent on the wording he used in his oath. If on the Sabbath, he said: "I will fast today," he is forbidden to keep his vow.
|
| 17. |
In the three preceding halachot.
|
| 18. |
When it is a mitzvah to eat in preparation for the fast (Rosh HaShanah 9a; Shulchan Aruch, Orach Chayim 604:1).
|
| 19. |
In contrast to the Sabbath and festivals where the obligation to eat is of Scriptural origin. This is a general principle in Talmudic Law. There are times when our Sages gave their decrees greater power than Scriptural Law, for Scriptural Law is revered by the people at large and does not require reinforcement. If, by contrast, Rabbinic Law was abrogated in such instances, it might lead people to take leniencies even when uncalled for (see Ta'anis 17b; Kessef Mishneh). The Radbaz explains that if keeping one's vow was allowed to override a Rabbinic decree, then there would be no point in making such decrees. For people could nullify them by taking vows. For example, a person could take a vow to drink ordinary gentile wine.
The Kessef Mishneh also explains that although the obligation to eat on Rosh Chodesh and the day preceding Yom Kippur is also of Rabbinic origin, since our Sages found an allusion to it in the Torah, it is less likely that people will treat it lightly.
|
| 20. |
I.e., he takes a vow against the other person listening to his speech.
|
| 21. |
If, however, he states: "The satisfaction that I receive from any of the above is forbidden," his vow is effective, for the satisfaction is considered substantial. See Chapter 12, Halachah 9.
|
| 22. |
For these organs are objects of substance (Nedarim 13b).
|
| 23. |
And apply only to entities of substance.
|
| 24. |
Which are described in Hilchot Ma'aseh HaKorbanot, chs. 6 and 9. See also Chapter 1 where the Rambam makes a distinction between these two types of vows.
|
| 25. |
See Nedarim 15a. Similarly, in his Commentary to the Mishnah (Nedarim 2:1), the Rambam writes that the prohibition against desecrating one's word applies with regard to these vows. Compare to Chapter 4, Halachah 4.
|
| 26. |
See Chapter 2, Halachot 12-13.
|
---------------------
• 3 Chapters: Edut Edut - Chapter 17, Edut Edut - Chapter 18, Edut Edut - Chapter 19 • English Text | Hebrew Text | Audio: Listen | Download• Edut - Chapter 17
• 3 Chapters: Edut Edut - Chapter 17, Edut Edut - Chapter 18, Edut Edut - Chapter 19 • English Text | Hebrew Text |
Audio: Listen | Download• Edut - Chapter 17
Halacha 1
When many men of great wisdom and fear of God testify to a person and tell him that they saw so-and-so commit a particular transgression or borrow money from a colleague, although the listener believes the matter in his heart as if he saw it actually transpire, he may not deliver testimony unless he actually sees the matter or the borrower acknowledges the debt verbally to him, saying: "Be a witness for me that so-and-so lent me a maneh." These concepts are derived from Leviticus 5:1 which states: "And should he witness, see, or know of the matter...." There is no testimony that can be established through sight or knowledge alone except testimony involving financial matters.
Whenever a person delivers testimony on the basis of the statements of others, he is a false witness and transgresses a negative commandment, as Exodus 20:16 states: "Do not bear false witness against your neighbor."
Halacha 2
Therefore, we issue a warning also to witnesses who testify regarding financial matters.
How do we warn them? We issue this warning in the presence of all onlookers, telling them the severity of bearing false testimony and the shame suffered by those who deliver such testimony in this world and in the world to come.
Afterwards, we order all other people to go outside and leave the witness of the greatest stature inside. We say to him: "Tell us the basis on which you know that this person owes money to that." If he says: "He told me that the borrower said that I owe him the money," or he says: "So-and-so told me that he owed him money," his statements are of no consequence. He must say: "In our presence, the defendant admitted to the plaintiff that he owes him the money."
Afterwards, we bring in the second witness and check his testimony in this manner. If their testimony corroborates each other's, the judges deliberate over the matter and conclude the judgment.
Halacha 3
The following rules apply if a person hid witnesses against his colleague and that colleague acknowledged his obligation to him in private. The witnesses saw and heard him tell him: "Certainly, I owe you this and this amount, but I am afraid you will call me to judgment tomorrow." This is not valid testimony unless he makes the acknowledgment in the presence of witnessess.
Halacha 4
Whether a person acknowledged a debt to a colleague, making the admission in a sincere manner that he owes him such-and-such an amount, he told the witnesses: "You are my witnesses," or he told them "Serve as witnesses for me," they are valid witnesses. This applies whether the statement is made by the borrower or whether it is made by the lender and the borrower remains silent as if he is accepting his words. Needless to say, it applies if he affirmed the appointment with an act of contract, telling them: "Compose a legal document stating that I owe so-and-so this-and-this amount," or the like, his statement is considered as an admission and the witnesses may testify on this basis.
Halacha 5
When a teacher tells a student: "You know that if they would give me all the money in the world, I would not lie. So-and-so owes me a maneh. I have one witness against him. Please, join him." If he joins him, he is a false witness.
Halacha 6
If he tells him: "Come and stand together with the witness. You do not have to testify, but the borrower will become frightened and panic, thinking that you are two witnesses and he will admit the debt on his own volition," the student is forbidden to stand and make it appear that he is a witness even though he does not deliver testimony. With regard to this and similar matter, Exodus 23:7states: "Keep distant from words of falsehood."
Halacha 7
A person who hires false witnesses to testify against a colleague is not liable according to mortal law, but does have a moral and spiritual obligation. Similarly, one witness who refrains from testifying is not liable according to mortal law, but does have a moral and spiritual obligation.
Edut - Chapter 18
Halacha 1
When a person delivered false testimony and witnesses testify to that fact, he is called an eid zomeim, "a conspiring witness."
It is a positive mitzvah to requite him in the manner in which he desired through his testimony to effect his colleague. If witnesses testify with regard to a transgression for which one is liable to be stoned to death and it is proved that they testified falsely, they are all stoned. If the transgression was punishable by being burned to death, they are burned to death. Similar laws apply with regard to other forms of capital punishment.
If they testified falsely with regard to a transgression punishable by lashes, each one of them is lashed as are all those obligated to be lashed. We estimate their capacity to bear the lashes and they are lashed. If they testified falsely to obligate the defendant to make a financial payment, we divide that amount according to the number of lying witnesses. Each witness must pay his share. The lying witnesses do not receive lashes when they are required to make financial reimbursement.
Halacha 2
When does the above apply? When the witnesses were disqualified throughhazamah? When, however, the testimony of two pairs of witnesses contradict each other, both testimonies are of no consequence, but neither of them receives punishment, because we do not know which pair is lying.
What is the difference between testimony which is contradicted and testimony which is disqualified through hazamah? A contradiction concerns the testimony itself. One pair states: "This is what took place," and the other pair states: "It never took place," or that conclusion was obvious from his statements.Hazamah, by contrast, focuses on the witnesses themselves. The witnesses who disqualify them do not know whether the event happened or not.
What is implied? Witnesses come and say: "We saw so-and-so kill a person..." or "...lend money to so-and-so on this-and-this date in this-and-this place." After they testified and the testimony was investigated, two other witnesses came and said: "On that day, we were with you and with those people the entire day and those things never happened. He never killed him," or "...He never lent him." This is considered a contradiction.
Similarly, if witnesses say: "How can you testify in this manner. Either the murderer - or the victim or the borrower or the lender - were with us on that day in another city," the testimony is considered to be contradicted. This is as if they said: "So-and-so did not kill him..." or "So-and-so did not lend him, for they were together with us and this thing did not happen." Similar principles apply in all analogous situations.
If, however, the second pair of witnesses say: "We do not know if so-and-so killed so-and-so on this day in Jerusalem as you say or not. We are, however, testifying that you yourselves were with us in Babylon on that date," the first pair of witnesses are considered as zomeimim and they are executed or required to make financial restitution. The rationale is that the witnesses who disqualified them did not concern themselves with the testimony itself whether it was true or false, but with the presence of the witnesses in the place mentioned.
Halacha 3
The fact that the Torah accepted the word of the latter pair of witnesses instead of that of the first pair of witnesses is a Scriptural decree. Even if there were 100 in the first group of witnesses and two witnesses came and disqualified them all through hazamah, saying: "We testify that all 100 of you were together with us on this date in this place," the 100 witnesses are punished on the basis of their testimony. For two witnesses are equivalent to 100 and 100 are equivalent to two. Similarly, when two groups of witnesses contradict each other, we do not follow the majority instead, we nullify the testimony of both.
Halacha 4
There is no need for lying witnesses to be given a warning.
When the testimony of witnesses was first contradicted and ultimately, disqualified through hazamah, the lying witnesses are executed, lashed, or forced to make financial restitution. The rationale is that a contradiction is the first stage of hazamah. It is not, however, completed.
Halacha 5
The testimony of witnesses can be disqualified through hazamah only in their presence. It can, however, be contradicted outside their presence.
When the testimony of witnesses has been disqualified through hazamahoutside the presence of the witnesses, it is considered to have been contradicted. Therefore if the witnesses who have been disqualified throughhazamah die before the testimony disqualifying them is delivered in their presence, their testimony is nullified, for the two testimonies contradicted each other.
Halacha 6
When the testimony of witnesses in cases of capital punishment was contradicted, but was not disqualified through hazamah, they do not receive lashes. This is true, even if the person they testified was killed comes himself to court to prove the suspected murderer's innocence. The rationale is that the prohibition is punishable by execution. Hence, lashes are not given because of it. Nevertheless, the court has the witnesses beaten with stripes for rebellious conduct according to their perception of the severity of the matter.
Halacha 7
A public announcement must be made with regard to lying witnesses. What type of announcement is made? A proclamation is written and sent throughout every city: "So-and-so and so-and-so testified in this manner. They were disqualified through hazamah and executed," "...lashed in our presence," or "fined so-and-so many dinarim." The necessity for this is derived fromDeuteronomy 19:20: "Those who remain shall hear and become fearful."
Halacha 8
The obligation of lying witnesses to make financial restitution when required is considered as a fine. Therefore, they are not required to pay when they admit their own guilt.
What is implied? The witnesses delivered testimony and their testimony was investigated by the court. Afterwards, they both admitted: "We delivered false testimony. This person does not owe the other person anything." Or they said: "We gave testimony concerning so-and-so with regard to this-and-this amount and we were disqualified through hazamah." They are not required to make restitution because of their own statements.
If, however, they said: "We gave testimony concerning so-and-so, we were disqualified through hazamah in the court of so-and-so and we were obligated to give him this-and-this amount," they are required to make financial restitution. For this is an admission of debt with regard to money that they were already sentenced to pay.
If one witness makes such statements, he is obligated to pay his portion.
Edut - Chapter 19
Halacha 1
The following rules apply when two witnesses testify, saying: "So-and-so murdered a person in the eastern portion of the hall at this-and-this time," two other witnesses came and said: "You were together with us in the western portion of the hall at that time." If a person standing in the western portion could see what transpires in the eastern portion, they are not disqualified throughhazamah. If, however, it is impossible to see what transpires, they are disqualified through hazamah. We do not say perhaps the eyesight of the first pair is very powerful and they can see things which transpire at a greater distance than all other men.
Similar principles apply if two people testified saying: "In the morning, so-and-so committed murder in Jerusalem," and two others come and tell them: "On that day, in the evening, you were together with us in Lod." If it is possible for a person to travel, even on horseback, from Jerusalem to Lod from the morning to the evening, they are not disqualified through hazamah. If not, they are disqualified through hazamah. We do not say perhaps they found a speedy camel and were able to travel the route faster than usual. Instead, we always calculate the matter using according to the known standards and disqualify them through hazamah.
Halacha 2
The following rules apply when two witnesses state: "On Sunday, so-and-so murdered a person in this-and-this place," and two other witnesses came and said: "On that date, you were together with us in another far removed place, but so-and-so certainly murdered the victim on the following day," the murderer and the first pair of witnesses are executed. Even if the second pair of witnesses testify that he committed the murder several days previously,the above laws apply. The rationale is that at the time they delivered testimony, the murderer had not yet been sentenced to death.
If, however, two witnesses come on Tuesday, and say: "On Sunday, so-and-so was sentenced to death," and two others come on Tuesday and say: "On Sunday, you were together with us in this distant place, but so-and-so was sentenced to death on Friday or on Monday," these witnesses are not executed. The rationale is that at the time they testified, the person had already been sentenced to death.
Similar principles apply with regard to the payment of a fine. What is implied? Two people came on Tuesday and said: "On Sunday, so-and-so stole, slaughtered the animal he stole, and was sentenced to pay a fine of four or five times the animal's worth." Two other witnesses come and testify: "On Sunday, you were with us in a distant place, but he was sentenced on Friday" - or even if they said: "On Sunday, so-and-so stole, slaughtered the animal he stole, and was sentenced on Monday," the witnesses who were disqualified throughhazamah are not required to make financial restitution. The rationale is that at the time they testified against him, the defendant was obligated to make financial restitution. Similar laws apply in all analogous situations.
Halacha 3
The witnesses to a legal document may not be disqualified through hazamahunless they testify in court, saying: "We composed the legal document at the time stated. We did not delay the dating of it." If they did not say this, even though a document composed in Jerusalem is dated the first of Nisan and witnesses come and testify that the witnesses to the legal document were in Babylon on that date, the legal document is acceptable and the witnesses are acceptable. For it is possible that they composed the legal document and postdated it, i.e., they were in Jerusalem on the first of Adar and composed the legal document and postdated it, dating it the first of Nisan.
The following rules apply when, by contrast, they said: "We signed the document on the date stated," and they were disqualified through hazamah. If there are witnesses who know the day they signed the legal document or witnesses saw the legal document with their signatures on it on this-and-this date, once they are disqualified through hazamah, they are disqualified retroactively from the date on which it is known that they signed the legal document. The rationale is that witnesses who sign a legal document are considered as if their testimony was delivered in court from the time they signed.
If, however, there are no witnesses who saw them sign, giving testimony, nor did any see the signed document beforehand, the witnesses are disqualified only from the time they testified in court that the signature was theirs, saying: "We signed it on that date." The rationale is that it is possible that on the date that they testified in court, they signed a legal document that had existed for many years and they lied by saying: "We signed it on the day it was dated."
---------------------
Hayom Yom:
• English Text | Video Class• Friday, Cheshvan 24, 5776 · 06 November 2015
"Today's Day"
Monday Cheshvan 24 5704
Torah lessons: Chumash: Tol'dot, Sheini with Rashi.
Tehillim: 113-118.
Tanya: XXXI. Well-known (p. 587) ...all the limbs... (p. 591).
In material matters one should always look at he whose situation is lower than one's own, and thank the good G-d for His kindness to him.
In spiritual matters one should always look at he who is higher than oneself, and plead with G-d to grant him the intelligence to learn from the other, and the ability and strength to rise higher.1
FOOTNOTES
1. See Sivan 30.---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• Friday, Cheshvan 24, 5776 · 06 November 2015
"Today's Day"
Monday Cheshvan 24 5704
Torah lessons: Chumash: Tol'dot, Sheini with Rashi.
Tehillim: 113-118.
Tanya: XXXI. Well-known (p. 587) ...all the limbs... (p. 591).
In material matters one should always look at he whose situation is lower than one's own, and thank the good G-d for His kindness to him.
In spiritual matters one should always look at he who is higher than oneself, and plead with G-d to grant him the intelligence to learn from the other, and the ability and strength to rise higher.1
FOOTNOTES
1. See Sivan 30.---------------------• Daily Thought:
A Light for 100
A dish of food will fill one stomach, but the next in line is still hungry.
Even a furnace demands more fuel as freezing souls gather to absorb its heat.
But a light that guides one person will guide a hundred.
Be that light.
___________________________
No comments:
Post a Comment