Monday, November 16, 2015

CHABAD - TODAY IN JUDAISM: Today is: Monday, Kislev 4, 5776 · November 16, 2015

CHABAD - TODAY IN JUDAISM: Today is: Monday, Kislev 4, 5776 · November 16, 2015
Torah Reading
Torah Reading: Vayeitzei (Genesis 28:
10 Ya‘akov went out from Be’er-Sheva and traveled toward Haran. 11 He came to a certain place and stayed the night there, because the sun had set. He took a stone from the place, put it under his head and lay down there to sleep. 12 He dreamt that there before him was a ladder resting on the ground with its top reaching to heaven, and the angels of Adonai were going up and down on it. 13 Then suddenly Adonai was standing there next to him; and he said, “I am Adonai, the God of Avraham your [grand]father and the God of Yitz’chak. The land on which you are lying I will give to you and to your descendants. 14 Your descendants will be as numerous as the grains of dust on the earth. You will expand to the west and to the east, to the north and to the south. By you and your descendants all the families of the earth will be blessed. 15 Look, I am with you. I will guard you wherever you go, and I will bring you back into this land, because I won’t leave you until I have done what I have promised you.”
16 Ya‘akov awoke from his sleep and said, “Truly, Adonai is in this place — and I didn’t know it!” 17 Then he became afraid and said, “This place is fearsome! This has to be the house of God! This is the gate of heaven!” 18 Ya‘akov got up early in the morning, took the stone he had put under his head, set it up as a standing-stone, poured olive oil on its top 19 and named the place Beit-El [house of God]; but the town had originally been called Luz.
20 Ya‘akov took this vow: “If God will be with me and will guard me on this road that I am traveling, giving me bread to eat and clothes to wear, 21 so that I return to my father’s house in peace, then Adonai will be my God; 22 and this stone, which I have set up as a standing-stone, will be God’s house; and of everything you give me, I will faithfully return one-tenth to you.”
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Daily Quote:
I've seen people put their feet into galoshes; but a head in galoshes...?[Rabbi Sholom DovBer of Lubavitch, to a chassid who had completely immersed himself in his footwear business]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayeitzei, 2nd Portion Genesis 29:1-29:17 with Rashi
English / Hebrew Linear Translation | Video Class

• Genesis Chapter 29
1Now Jacob lifted his feet and went to the land of the people of the East. אוַיִּשָּׂ֥א יַֽעֲקֹ֖ב רַגְלָ֑יו וַיֵּ֖לֶךְ אַ֥רְצָה בְנֵי־קֶֽדֶם:
Now Jacob lifted his feet: As soon as he was given the good tidings that he was assured protection, his heart lifted his feet, and he became fleet-footed. So it is explained in Gen. Rabbah (70:8). וישא יעקב רגליו: משנתבשר בשורה טובה שהובטח בשמירה, נשא לבו את רגליו ונעשה קל ללכת. כך מפורש בבראשית רבה (ע ח):
2And he looked, and behold! a well in the field, and behold! three flocks of sheep lying beside it, because from that well they would water the flocks, and a huge rock was upon the mouth of the well. בוַיַּ֞רְא וְהִנֵּ֧ה בְאֵ֣ר בַּשָּׂדֶ֗ה וְהִנֵּה־שָׁ֞ם שְׁלשָׁ֤ה עֶדְרֵי־צֹאן֙ רֹֽבְצִ֣ים עָלֶ֔יהָ כִּ֚י מִן־הַבְּאֵ֣ר הַהִ֔וא יַשְׁק֖וּ הָֽעֲדָרִ֑ים וְהָאֶ֥בֶן גְּדֹלָ֖ה עַל־פִּ֥י הַבְּאֵֽר:
they would water the flocks: The shepherds would water the flocks. The verse is elliptical. ישקו העדרים: משקים הרועים את העדרים, והמקרא דבר בלשון קצרה:
3And all the flocks would gather there, and they would roll the rock off the mouth of the well and water the sheep, and [then] they would return the rock onto the mouth of the well, to its place. גוְנֶֽאֶסְפוּ־שָׁ֣מָּה כָל־הָֽעֲדָרִ֗ים וְגָֽלֲל֤וּ אֶת־הָאֶ֨בֶן֙ מֵעַל֙ פִּ֣י הַבְּאֵ֔ר וְהִשְׁק֖וּ אֶת־הַצֹּ֑אן וְהֵשִׁ֧יבוּ אֶת־הָאֶ֛בֶן עַל־פִּ֥י הַבְּאֵ֖ר לִמְקֹמָֽהּ:
would gather there: They were accustomed to gather because the rock was huge. ונאספו: רגילים היו להאסף לפי שהיתה האבן גדולה:
and they would roll: Heb. וְגָלְלוּ [like] וְגוֹלְלִין. The Targum renders: וּמְגַנְדְרִין, and they would roll. Every present tense [i.e. every verb expressing continuous action] changes to speak [sometimes] in the future tense and [sometimes] in the past tense, because everything that occurs constantly has already transpired and is destined to transpire [again]. וגללו: וגוללין ותרגומו ומגנדרין, כל לשון הווה משתנה לדבר בלשון עתיד ובלשון עבר לפי שכל דבר ההוה תמיד כבר היה ועתיד להיות:
and [then] they would return: Heb. וְהֵשִׁיבוּ, which the Targum renders: וּמְתִיבִין, and they would return. והשיבו: תרגומו ומתיבין:
4And Jacob said to them, "My brothers, where are you from?" And they said, "We are from Haran." דוַיֹּ֤אמֶר לָהֶם֙ יַֽעֲקֹ֔ב אַחַ֖י מֵאַ֣יִן אַתֶּ֑ם וַיֹּ֣אמְר֔וּ מֵֽחָרָ֖ן אֲנָֽחְנוּ:
5And he said to them, "Do you know Laban the son of Nahor?" And they said, "We know [him]." הוַיֹּ֣אמֶר לָהֶ֔ם הַיְדַעְתֶּ֖ם אֶת־לָבָ֣ן בֶּן־נָח֑וֹר וַיֹּֽאמְר֖וּ יָדָֽעְנוּ:
6And he said to them, "[Are things going] well with him?" And they said, "[Things are going] well, and behold, his daughter Rachel is coming with the sheep." ווַיֹּ֥אמֶר לָהֶ֖ם הֲשָׁל֣וֹם ל֑וֹ וַיֹּֽאמְר֣וּ שָׁל֔וֹם וְהִנֵּה֙ רָחֵ֣ל בִּתּ֔וֹ בָּאָ֖ה עִם־הַצֹּֽאן:
is coming with the sheep: Heb. בָּאָה. The accent is on the“aleph,” and the Targum renders אַתְיָא. [In verse 9,]“and Rachel came בָּאָה,” the accent is on the first syllable, on the “beth,” and the Targum renders. The former is in the present tense, whereas the latter is in the past tense. באה עם הצאן: הטעם באל"ף, ותרגומו אתיא. (פסוק ט) ורחל באה, הטעם למעלה בבי"ת ותרגומו אתת. הראשון לשון עושה, והשני לשון עשתה:
7And he said, "The day is yet long; it is not the time to take in the livestock. Water the sheep and go, pasture." זוַיֹּ֗אמֶר הֵ֥ן עוֹד֙ הַיּ֣וֹם גָּד֔וֹל לֹא־עֵ֖ת הֵֽאָסֵ֣ף הַמִּקְנֶ֑ה הַשְׁק֥וּ הַצֹּ֖אן וּלְכ֥וּ רְעֽוּ:
The day is yet long: Since he saw them lying down, he thought that they wished to gather the livestock to return home and that they would no longer graze. So he said to them,“The day is yet long,” i.e., if you have been hired for the day, you have not completed the day’s work, and if the animals are yours, it is, nevertheless, not the time to take in the livestock, etc. (Gen. Rabbah 70:11). הן עוד היום גדול: לפי שראה אותם רובצים, כסבור שרוצים לאסוף המקנה הביתה ולא ירעו עוד, אמר להם הן עוד היום גדול, כלומר אם שכירים אתם לא שלמתם פעולת היום, ואם הבהמות שלכם אף על פי כן לא עת האסף המקנה וגו':
8And they said, "We cannot [do that], until all the flocks are gathered together, and they will roll the rock off the mouth of the well, and we shall [then] water the sheep." חוַיֹּֽאמְרוּ֘ לֹ֣א נוּכַל֒ עַ֣ד אֲשֶׁ֤ר יֵאָֽסְפוּ֙ כָּל־הָ֣עֲדָרִ֔ים וְגָֽלֲלוּ֙ אֶת־הָאֶ֔בֶן מֵעַ֖ל פִּ֣י הַבְּאֵ֑ר וְהִשְׁקִ֖ינוּ הַצֹּֽאן:
We cannot: water [them] because the stone is huge. לא נוכל: להשקות, לפי שהאבן גדולה:
and they will roll: Heb. וְגָלְלוּ. This is translated וִיגַנְדְרוּן, and they will roll, because it is the future tense. וגללו: זה מתורגם ויגנדרון, לפי שהוא לשון עתיד:
9While he was still talking with them, Rachel came with her father's sheep, for she was a shepherdess. טעוֹדֶ֖נּוּ מְדַבֵּ֣ר עִמָּ֑ם וְרָחֵ֣ל | בָּ֗אָה עִם־הַצֹּאן֙ אֲשֶׁ֣ר לְאָבִ֔יהָ כִּ֥י רֹעָ֖ה הִֽוא:
10And it came to pass, when Jacob saw Rachel, the daughter of Laban, his mother's brother and the sheep of Laban, his mother's brother, that Jacob drew near and rolled the rock off the mouth of the well, and he watered the sheep of Laban, his mother's brother. יוַיְהִ֡י כַּֽאֲשֶׁר֩ רָאָ֨ה יַֽעֲקֹ֜ב אֶת־רָחֵ֗ל בַּת־לָבָן֙ אֲחִ֣י אִמּ֔וֹ וְאֶת־צֹ֥אן לָבָ֖ן אֲחִ֣י אִמּ֑וֹ וַיִּגַּ֣שׁ יַֽעֲקֹ֗ב וַיָּ֤גֶל אֶת־הָאֶ֨בֶן֙ מֵעַל֙ פִּ֣י הַבְּאֵ֔ר וַיַּ֕שְׁקְ אֶת־צֹ֥אן לָבָ֖ן אֲחִ֥י אִמּֽוֹ:
that Jacob drew near and rolled: As one who removes the stopper from a bottle, to let you know that he possessed great strength (Gen. Rabbah 70:12). ויגש יעקב ויגל: כזה שמעביר את הפקק מעל פי צלוחית, להודיעך שכחו גדול:
11And Jacob kissed Rachel, and he raised his voice and wept. יאוַיִּשַּׁ֥ק יַֽעֲקֹ֖ב לְרָחֵ֑ל וַיִּשָּׂ֥א אֶת־קֹל֖וֹ וַיֵּֽבְךְּ:
and wept: Since he foresaw with the holy spirit that she (Rachel) would not enter the grave with him. Another explanation: Since he came empty-handed, he said, “Eliezer, my grandfather’s servant, had nose rings, and bracelets and sweet fruits in his possession, and I am coming with nothing in my hands. [He had nothing] because Eliphaz the son of Esau had pursued him to kill him at his father’s orders; he (Eliphaz) overtook him, but since he had grown up in Isaac’s lap, he held back his hand. He said to him (Jacob), ”What shall I do about my father’s orders?“ Jacob replied,”Take what I have, for a poor man is counted as dead." - [from Bereishit Rabbathi by Rabbi Moshe Hadarshan] ויבך: לפי שצפה ברוח הקודש שאינה נכנסת עמו לקבורה. דבר אחר לפי שבא בידים ריקניות, אמר אליעזר עבד אבי אבא היו בידיו נזמים וצמידים ומגדנות, ואני אין בידי כלום. לפי שרדף אליפז בן עשו במצות אביו אחריו להורגו והשיגו, ולפי שגדל אליפז בחיקו של יצחק משך ידו. אמר לו מה אעשה לציווי של אבא, אמר לו יעקב טול מה שבידי, והעני חשוב כמת:
12And Jacob told Rachel that he was her father's kinsman and that he was Rebecca's son, and she ran and told her father. יבוַיַּגֵּ֨ד יַֽעֲקֹ֜ב לְרָחֵ֗ל כִּ֣י אֲחִ֤י אָבִ֨יהָ֙ ה֔וּא וְכִ֥י בֶן־רִבְקָ֖ה ה֑וּא וַתָּ֖רָץ וַתַּגֵּ֥ד לְאָבִֽיהָ:
that he was her father’s kinsman: Heb. אִחִי אָבִיהָ, lit., her father’s brother. Related to her father, as (above 13:8):“we are kinsmen (אַחִים)” (Pirkei d’Rabbi Eliezer , ch. 36). Its midrashic interpretation is: If he (Laban) comes to deceive me, I, too, am his brother in deception, and if he is an honest man, I, too, am the son of his honest sister Rebecca. [from Gen. Rabbah 70:13] כי אחי אביה הוא: קרוב לאביה, כמו (לעיל יג ח) אנשים אחים אנחנו. ומדרשו אם לרמאות הוא בא גם אני אחיו ברמאות, ואם אדם כשר הוא, גם אני בן רבקה אחותו הכשרה:
and told her father: Since her mother was dead, she had no one to tell but him.[from Gen. Rabbah 70:13] ותגד לאביה: לפי שאמה מתה לא היה לה להגיד אלא לו:
13Now it came to pass when Laban heard the report of Jacob, his sister's son, that he ran towards him, and he embraced him, and he kissed him, and he brought him into his house. He told Laban all these happenings. יגוַיְהִי֩ כִשְׁמֹ֨עַ לָבָ֜ן אֶת־שֵׁ֣מַע | יַֽעֲקֹ֣ב בֶּן־אֲחֹת֗וֹ וַיָּ֤רָץ לִקְרָאתוֹ֙ וַיְחַבֶּק־לוֹ֙ וַיְנַשֶּׁק־ל֔וֹ וַיְבִיאֵ֖הוּ אֶל־בֵּית֑וֹ וַיְסַפֵּ֣ר לְלָבָ֔ן אֵ֥ת כָּל־הַדְּבָרִ֖ים הָאֵֽלֶּה:
that he ran towards him: He thought that he (Jacob) was laden with money, for the servant of the household (Eliezer) had come here with ten laden camels.[from Gen. Rabbah 70:13] וירץ לקראתו: כסבור ממון הוא טעון, שהרי עבד הבית בא לכאן בעשרה גמלים טעונים:
and he embraced: When he (Laban) did not see anything with him (Jacob), he said, “Perhaps he has brought golden coins, and they are in his bosom.” [from Gen. Rabbah 70:13] ויחבק: כשלא ראה עמו כלום אמר שמא זהובים הביא והנם בחיקו:
and he kissed him: He said,“Perhaps he has brought pearls, and they are in his mouth.” [from Gen. Rabbah 70:13] וינשק לו: אמר שמא מרגליות הביא והם בפיו:
He told Laban: that he had come only because he was compelled to do so because of his brother (Esau), and that they had taken his money from him. — [from Gen. Rabbah 70:13] ויספר ללבן: שלא בא אלא מתוך אונס אחיו, ושנטלו ממונו ממנו:
14And Laban said to him, "Indeed, you are my bone and my flesh." And so he stayed with him a full month. ידוַיֹּ֤אמֶר לוֹ֙ לָבָ֔ן אַ֛ךְ עַצְמִ֥י וּבְשָׂרִ֖י אָ֑תָּה וַיֵּ֥שֶׁב עִמּ֖וֹ חֹ֥דֶשׁ יָמִֽים:
Indeed, you are my bone and my flesh: “In view of this, I have no reason to take you into the house, because you have nothing. Because of kinship, however, I will put up with you for a month’s time.” And so he did, but this too was not gratis, for he (Jacob) pastured his sheep. — [from Gen. Rabbah 70:14] אך עצמי ובשרי: מעתה אין לי לאספך הביתה הואיל ואין בידך כלום, אלא מפני קורבה אטפל בך חדש ימים, וכן עשה ואף זו לא לחנם שהיה רועה צאנו:
15And Laban said to Jacob, "Because you are my kinsman, should you work for me gratis? Tell me what your wages shall be." טווַיֹּ֤אמֶר לָבָן֙ לְיַֽעֲקֹ֔ב הֲכִֽי־אָחִ֣י אַ֔תָּה וַֽעֲבַדְתַּ֖נִי חִנָּ֑ם הַגִּ֥ידָה לִּ֖י מַה־מַּשְׂכֻּרְתֶּֽךָ:
Because you are my kinsman: Heb. הִכִי, an interrogative expression: Because you are my kinsman, should you work for me gratis?- [from Targum Onkelos] הכי אחי אתה: לשון תימה, וכי בשביל שאחי אתה תעבדני חנם:
should you work for me: Heb. וַעִבַדְתַּנִי like וְתַעַבְדֵנִי, and likewise, any word that is in the past tense, [Scripture] prefixes to it a “vav,” which converts the word to the future tense. ועבדתני: כמו ותעבדני, וכן כל תיבה שהיא לשון עבר הוסיף וי"ו בראשה היא הופכת התיבה להבא:
16Now Laban had two daughters; the name of the elder was Leah, and the name of the younger was Rachel. טזוּלְלָבָ֖ן שְׁתֵּ֣י בָנ֑וֹת שֵׁ֤ם הַגְּדֹלָה֙ לֵאָ֔ה וְשֵׁ֥ם הַקְּטַנָּ֖ה רָחֵֽל:
17Leah's eyes were tender, but Rachel had beautiful features and a beautiful complexion. יזוְעֵינֵ֥י לֵאָ֖ה רַכּ֑וֹת וְרָחֵל֨ הָֽיְתָ֔ה יְפַת־תֹּ֖אַר וִיפַ֥ת מַרְאֶֽה:
tender: Because she expected to fall into Esau’s lot, and she wept, because everyone was saying,“Rebecca has two sons, and Laban has two daughters. The older [daughter] for the older [son], and the younger [daughter] for the younger [son]” (B.B. 123a). ועיני לאה רכות: שהיתה סבורה לעלות בגורלו של עשו ובוכה שהיו הכל אומרים שני בנים לרבקה ושתי בנות ללבן, הגדולה לגדול והקטנה לקטן:
features: Heb. תֹּאַר. That is the form of the countenance, an expression similar to (Isa. 44: 13)“he fixes it (יְתָאִרֵהוּ) with planes (בַשֶׂרֶד) ,” conpas in Old French, outline, shape. תאר: הוא צורת הפרצוף לשון (ישעיה מד יג) יתארהו בשרד, קונפ"ס בלע"ז [מחוגה]:
complexion: That is the shine of the countenance. מראה: הוא זיו קלסתר:
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Daily Tehillim: Chapters 23 - 28
Hebrew text
• English text• 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.
Chapter 25
The verses in this psalm are arranged according to the alphabet, excluding the letters Bet, Vav, and Kuf, which together equal the numerical value of Gehenom (purgatory). One who recites this psalm daily will not see the face of purgatory.
1. By David. To You, Lord, I lift my soul.
2. My God, I have put my trust in You. May I not be put to shame; may my enemies not gloat over me.
3. Indeed, may all who hope in You not be put to shame; let those who act treacherously without reason be shamed.
4. O Lord, make Your ways known to me; teach me Your paths.
5. Train me in Your truth and teach me, for You are the God of my salvation; I yearn for You all day.
6. O Lord, remember Your mercies and Your kindnesses, for they have existed for all time.
7. Do not recall the sins of my youth, nor my transgressions; remember me in accordance with Your kindness, because of Your goodness, O Lord.
8. Good and upright is the Lord, therefore He directs sinners along the way.
9. He guides the humble with justice, and teaches the humble His way.
10. All the paths of the Lord are kindness and truth for those who observe His covenant and testimonies.
11. For the sake of Your Name, O Lord, pardon my iniquity, for it is great.
12. Whoever is a God-fearing man, him will He teach the path that he should choose.
13. His soul will abide in well-being, and his descendants will inherit the earth.
14. The secret of the Lord is to those who fear Him; He makes His covenant known to them.
15. My eyes are always turned to the Lord, for He releases my feet from the snare.
16. Turn to me and be compassionate to me, for I am alone and afflicted.
17. The sufferings of my heart have increased; deliver me from my hardships.
18. Behold my affliction and suffering, and forgive all my sins.
19. See how numerous my enemies have become; they hate me with a violent hatred.
20. Guard my soul and deliver me; may I not be put to shame, for I place my trust in You.
21. Let integrity and uprightness guard me, for my hope is in You.
22. Redeem Israel, O God, from all its afflictions.
Chapter 26
In this psalm King David inundates God with prayers and acts of piety, because he envies those who are his spiritual superiors, saying, "If only I were on their level of piety and virtue!"
1. By David. Judge me, O Lord, for in my innocence I have walked, and in the Lord I have trusted-I shall not falter.
2. Try me, O Lord, and test me; refine my mind and heart.
3. For Your kindness is before my eyes, and I have walked constantly in Your truth.
4. I did not sit with men of falsehood, and with hypocrites I will not mingle.
5. I detested the company of evildoers, and with the wicked I will not sit.
6. I wash my hands in purity, and circle Your altar, O Lord,
7. to give voice to thanks, and to recount all Your wonders.
8. I love the shelter of Your House, O Lord, and the place where Your glory resides.
9. Gather not in my soul with sinners, nor my life with men of bloodshed,
10. In whose hands are schemes, and whose right hand is filled with bribes.
11. But I walk in my innocence; redeem me and show me favor.
12. My foot stands on level ground; in assemblies I will bless the Lord.
Chapter 27
King David acknowledges and praises God, placing his trust in Him because of his victories in war. "Nevertheless, it is not wars that I desire, for I cannot gain perfection with them. Only one thing do I ask: to abide day and night in the study hall studying Torah, to gain perfection so that my soul may merit the life of the World to Come."
1. By David. The Lord is my light and my salvation-whom shall I fear? The Lord is the strength of my life-whom shall I dread?
2. When evildoers approached me to devour my flesh, my oppressors and my foes, they stumbled and fell.
3. If an army were to beleaguer me, my heart would not fear; if war were to arise against me, in this I trust
1
4. One thing I have asked of the Lord, this I seek: that I may dwell in the House of the Lord all the days of my life, to behold the pleasantness of the Lord, and to visit His Sanctuary.
5. For He will hide me in His tabernacle on a day of adversity; He will conceal me in the hidden places of His tent; He will lift me upon a rock.
6. And then my head will be raised above my enemies around me, and I will offer in His tabernacle sacrifices of jubilation; I will sing and chant to the Lord.
7. Lord, hear my voice as I call; be gracious to me and answer me.
8. In Your behalf my heart says, "Seek My countenance"; Your countenance, Lord, I seek.
9. Do not conceal Your countenance from me; do not cast aside Your servant in wrath. You have been my help; do not abandon me nor forsake me, God of my deliverance.
10. Though my father and mother have forsaken me, the Lord has taken me in.
11. Lord, teach me Your way and lead me in the path of righteousness, because of my watchful enemies.
12. Do not give me over to the will of my oppressors, for there have risen against me false witnesses, and they speak evil.
13. [They would have crushed me] had I not believed that I would see the goodness of the Lord in the land of the living.
14. Hope in the Lord, be strong and let your heart be valiant, and hope in the Lord.
FOOTNOTES
1. I trust that “the lord is my light and salvation” etc. (Rashi)
Chapter 28
A prayer for every individual, entreating God to assist him in walking the good path, to prevent him from walking with the wicked doers of evil, and that He repay the wicked for their wickedness and the righteous for their righteousness.
1. By David. I call to You, O Lord; my Strength, do not be deaf to me; for should You be silent to me, I will be like those who descend to the pit.
2. Hear the sound of my pleas when I cry out to You, when I raise my hands toward Your holy Sanctuary.
3. Do not draw me along with the wicked, with evildoers who speak of peace with their companions, though evil is in their heart.
4. Give them according to their deeds, and the evil of their endeavors; give them according to their handiwork, render to them their just desserts.
5. For they pay no heed to the acts of the Lord, nor to the work of His hands; may He destroy them and not rebuild them.
6. Blessed is the Lord, for He has heard the voice of my pleas.
7. The Lord is my strength and my shield; in Him my heart trusted and I was helped; my heart exulted, and with my song I praised Him.
8. The Lord is a strength to them; He is a stronghold of deliverance to His anointed.
9. Grant salvation to Your people and bless Your heritage; tend them and exalt them forever.
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Tanya: Kuntres Acharon, middle of Essay 4
Lessons in Tanya
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• Monday, Kislev 4, 5776 · November 16, 2015
Today's Tanya Lesson
Kuntres Acharon, middle of Essay 4
והנה לקיום מצוה שאי אפשר לעשות על ידי אחרים, מבטלין תלמוד תורה, ואפילו מעשה מרכבה
To perform a mitzvah that cannot be delegated to another one forgoes Torah study,1 even [the study of]maaseh merkavahthe sublime Kabbalistic mysteries of the celestial “Chariot”,2
וכל שכן תפלה, שהיא בחינת מוחין ודחילו ורחימו שכליים
and beyond question one forgoes prayer, which is the state of intellect and intellectually-generated awe and love.
והטעם כנ״ל
The reason is as we have noted; i.e., in order to extract and refine the sparks by means of the practical mitzvot, this being the purpose of creation.
ועוד זאת, שבאמת מאד גדלה וגבהה מעלות המצות מעשיות, וכן לימודם, על מעלת המוחין, שהן דחילו ורחימו שכליים
In addition, indeed, the standing of the practical mitzvot and their study, far transcends the standing of intellect, meaning intellectually-generated awe and love.
The mitzvot requiring action are superior — in their performance and in the study of their laws — not only because they fulfill the ultimate purpose of creation through the extraction of the sparks, but also because they bond the soul with G‑d.
כי הגם דכתיב: ולדבקה בו, על ידי מדותיו
For though the verse declares,3 “and to cleave to Him,” i.e., through [cleaving to] His attributes (middot),4
When one acts in a kindly manner, for example, he cleaves to the Supernal Sefirah of Chesed — and the Sefirot are wholly one with G‑d.
מכל מקום, איננו דבק אפילו במדות העליונות אלא במציאותן, ולא במהותן
still, one does not cleave to the essence (mahut) of the Supernal attributes but only to [the externality of] their existence(metziut),
וכמו שכתוב: ואנכי עפר ואפר
as it is written,5 “I am dust and ashes.”
This was stated by Abraham with regard to the glimmer of his soul that illuminated his body, in comparing it to its source — an irradiation of Supernal Kindness, as explained above at length in Epistle XV, in the name of the Maggid of Mezritch.
Abraham experienced such an intense degree of love (deriving from the attribute of Chesed) toward G‑d, that he was a “chariot”, a vehicle humbly waiting to be steered by the hands of its Driver.6 Nevertheless, he declared that his measure of love for G‑d was but “dust and ashes” relative to the Supernal attribute of Chesed.
To appreciate the analogy: A tree, originally composed of the four elements of Fire, Air, Water and Earth, is burned. Losing its first three elements in smoke, it is reduced to its fourth element, mere ashes. Yet, though these ashes and the tree itself are of the same element, the ashes can hardly be compared to the original tree that was7a “beautiful to behold and good to eat.”
So, too, the attribute of kindness and love that Abraham possessed while his soul was in his body, cannot be compared to the attribute of Kindness which is one of the Supernal Sefirot.
It is thus to be seen that one does not cleave to the essence of the Supernal attributes but only to their external state, their state of mere existence.
וכל שכן באור אין סוף ברוך הוא, דלית מחשבה תפיסא ביה באורו והתפשטות החיות ממנו יתברך
This is all the more true with regard to the [infinite] Ein Sof-light, for no thought can apprehend Him in His radiance or the diffusion of the life-force issuing from Him.
כי אם במציאותו, שהוא שמחיה את כולם, ולא במהותו
One can only grasp His existence, that He gives life to all, but not His essence.
אפילו לעליונים, כמו שכתוב: קדוש קדוש קדוש ה׳ צבאות כו׳
This applies even to the supernal beings, of [whose praise] it is written,8 “Holy, holy, holy is the L‑rd of Hosts.”
The above phrase is uttered by the Seraphim, angels of the World of Beriah. They perceive that even as G‑d descends to relate to created beings so that He is called the “L‑rd of Hosts,” He is kadosh (“holy”), a term which implies that He is separate from them.
לבד עלולים נאצלים משיגים כי אם בעילתו
Only emanated “effects” can conceive their “cause”,
The spiritual beings of the World of Atzilut are each an “effect” (alul) brought about by a “cause” (ilah) in the levels higher than themselves. These beings vest themselves in each other in turn, and at each level are able to comprehend the antecedent “cause” that is vested within them,
כפי הסדר שבעץ חיים, בהתלבשות הפרצופים
according to the order recounted in Etz Chayim, concerning the investment of the visages (partzufim).
Etz Chayim explains how the “visages” of the Supernal Sefirot of Atzilut vest themselves in each other. Each “effect” is able to comprehend its “cause” — the “visage” that is garbed within it.
אבל לא לנבראים, אפילו לנשמות דאצילות
This is not the case with created beings, even with souls of Atzilut,
Though the souls of Atzilut are Divinity, still, since they have become sundered from the vessels of the Ten Sefirot (as explained above in Epistle XX9), they are termed “created beings” and are unable to apprehend the essence of G‑dliness.
כמו שכתוב במשה רבינו עליו השלום: וראית את אחורי כו׳
Thus it is written regarding Moses,10 “You will see My hinderpart” — an external manifestation11 of the mere existence (metziut) of Divinity, but not the essence (mahut).
Thus, through the vision of his soul alone, as the soul gazes upon G‑d without the benefit of mitzvot, even Moses could apprehend no more than externality, not essence.
* * *
FOOTNOTES
1.Moed Katan 9a.
2.Yechezkel 1.
3.Devarim 11:22.
4.׳ Cf. Sotah 14a et al.
5.Bereishit 18:27.
6.Bereishit Rabbah 47:6; Tanya ch. 23.
7.Bereishit 2:9.
8.Yeshayahu 6:3.
9.Vol. IV in the present series, p. 376.
10.Shmot 33:22.
11.Note of the Rebbe: “Examine Iggeret HaKodesh, Epistle 19 [above].”
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Rambam:
• Sefer Hamitzvos:
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• Today's Mitzvah
Monday, Kislev 4, 5776 · November 16, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 187
Destroying the Seven Canaanite Nations
"For you shall utterly destroy them"—Deuteronomy 20:17.
We are commanded to kill the members of the Seven Canaanite Nations—to utterly eradicate them. This because they were the original source of idolatry and its prime practitioners. In many places the Torah encourages and urges us to observe this mitzvah, and explains the reason for this mitzvah: so that we should not learn from these nations' heretical ways. The battle against the Canaanite nations is considered a "mitzvah battle."
This mitzvah was fully completed by King David, who killed the remaining members of these nations that had survived till his day, besides for a few who scattered and were absorbed into other nations.
[Translator's Note: In the Laws of Kings, Maimonides explains that the killing of the Seven Nations was a last resort, only done if the nations refused to evacuate the Holy Land, or to remain, but reject idolatry and accept upon themselves Jewish sovereignty.]
Full text of this Mitzvah »
Destroying the Seven Canaanite Nations
Positive Commandment 187
Translated by Berel Bell
The 187th mitzvah is that we are commanded to kill and destroy the seven nations [of Canaan]1 because they are the prime worshippers and original source of idolatry.
The source of this commandment is G‑d's statement2 (exalted be He), "You must wipe them out completely." [Scripture3] explains the reason for this commandment is to keep us from learning from their heresy. Many verses encourage and urge that they be killed, and waging war against them is a milchemes mitzvah [mandatory war].
Since these seven nations no longer exist4 a person could think that this commandment is not noheg l'doros [for all generations5]. But only someone who does not understand the concept of noheg l'doros would think such a thing. A command that can be fulfilled without being limited to a certain time is considered noheg l'doros, because if the act would become possible in any generation, the mitzvah would apply. When G‑d will totally destroy the descendants of Amalek and remove them for all time — as will be speedily in our days, as G‑d (exalted be He) promised,6 "I will wipe out the memory of Amalek" — will we say that the mitzvah to wipe out the memory of Amalek7 was not noheg l'doros? This is not true, for in any generation when one finds a descendant of Amalek, he must be killed. The same applies to this mitzvah of killing all descendants of the seven nations, which is a milchemes mitzvah. In every generation we are required to uproot them and search after them down to the last individual. We did this until King David destroyed them completely, with the survivors being scattered and assimilated among the nations until they disappeared.
But although they no longer exist, the mitzvah to kill them is still considered noheg l'doros, just as the mitzvah to wage war against Amalek is considered noheg l'doros even after their destruction. This is because it is not dependant on a certain time or place, such as in Egypt8 or in the desert.9 The mitzvah is dependant solely upon the object of the mitzvah: whenever they are found, the mitzvah must be fulfilled.
The general rule is that you must understand and contemplate upon the difference between the commandment itself10 and this that the commandment deals with.11 There are mitzvos where the object of the commandment has ceased to exist in a certain generation,12 but this does not render the mitzvah not noheg l'doros, since the commandment itself applies forever.
For a commandment to be considered not noheg l'doros, the opposite would be true. The specific object in the specific state does exist; but the obligation to perform the specific act or follow the certain law only applies at a certain time. Today, even though the object exists, the commandment does not. An example of this would be an elderly Levite, who was not allowed to serve [in the Mishkan] in the desert, but is allowed today, as we explained in the proper place.13 Be sure you understand this and keep it in mind.
FOOTNOTES
1.Chitti, Emori, Canaani, Prizi, Chivi, Yevusi and Girgashi — Deut. 7:1.
2.Deut. 20:17.
3.Ibid., 20:18.
4.See Hilchos Melachim 5:4.
5.In the Third Introductory Principle, the Rambam explains that in order to be counted among the 613 mitzvos, the commandment must apply for all generations. Since the seven nations no longer exist, it would therefore seem that this commandment shouldn't be counted.
6.Ex. 17:14.
7.Deut. 25:19; P188 below.
8.E.g. those associated with the special Pesach sacrifice in Egypt. See Ex. 12:23.
9.E.g. those associated with transporting the Mishkan [Tabernacle]. See the Third Introductory Principle.
10.[10]. In our case, killing the seven nations.
11.In our case, the seven nations.
12.See N53.
13."Today," refers to the Levite serving in the Holy Temple in Jerusalem. A Levite was disqualified from serving in the desert after he reached the age of fifty; in the Holy Temple, however, he was allowed. See Hilchos Klei HaMikdash 3:8; Chullin 24a; Third Introductory Principle.
TRANSLATED BY BEREL BELL
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
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     ------------------------------------
Negative Commandment 49
Sparing the Seven Canaanite Nations
"You shall not leave a soul alive"—Deuteronomy 20:16.
We may not allow even one individual from the Seven Canaanite Nations to live, for they would have a negative effect on the Jewish inhabitants of the land and influence them to worship idols.
[For more on this mitzvah, see Positive Commandment 187.]
Full text of this Mitzvah »
Sparing the Seven Canaanite Nations
Negative Commandment 49
Translated by Berel Bell
The 49th prohibition is that we are forbidden from allowing any individual from the seven nations to live. [This is commanded] in order that they not ruin other people and cause them to err by following idolatry.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not allow a single soul to live."
Killing them is a positive commandment, as we explained in P187. One who had the opportunity to kill one of them, and did not do so, transgresses a prohibition.
FOOTNOTES
1.Deut. 20:16
     ------------------------------------
Positive Commandment 188
Destroying Amalek
"You shall erase the memory of Amalek"—Deuteronomy 25:19.
We are commanded to wipe out the descendants of Amalek, men and women, old and young.
This is one of the three mitzvot the Jews were commanded upon entering the land—the other two were appointing a king and building the Holy Temple.
Full text of this Mitzvah »
Destroying Amalek
Positive Commandment 188
Translated by Berel Bell
The 188th mitzvah is that we are commanded to wipe out — from among all the descendants of Esav — the descendants of Amalek, male and female, young and old.
The source of this commandment is G‑d's statement1 (exalted be He), "Wipe out the memory of Amalek."
We have mentioned previously2 the statement of our Sages,3 "The Jewish people were commanded three mitzvos upon entering the Land of Israel: to appoint a king, to build the Beis HaMikdash, and to destroy the descendants of Amalek."
Waging war against Amalek is also a milchemes mitzvah [obligatory war].4
The details of this mitzvah are explained in the eighth chapter of tractate Sotah.
FOOTNOTES
1.Ex. 17:14.
2.P20; P173.
3.Sanhedrin 20b; Sifri, Deut. 12:10. From the expression, "three mitzvos," the Rambam derives that all three are counted as mitzvos among the 613.
4.Just as the war against the seven nations, P187 above.
     --------------------------------------
Positive Commandment 189
Remembering Amalek's Deed
"Remember what Amalek did to you"—Deuteronomy 25:17.
We are enjoined to remember that which Amalek did to us, that they were the first to "greet" us [after we left Egypt] with evil [i.e., battle]. We must verbally recall this at all times, and awaken our souls to battle them. We must call upon people to hate them, so that the matter not be forgotten, and the hate should not abate with the passage of time.
Full text of this Mitzvah »
Remembering Amalek's Deed
Positive Commandment 189
Translated by Berel Bell
The 189th mitzvah is that we are commanded to constantly1 remember what Amalek did to us, i.e. to be the first to attack us [after we were redeemed from Egypt]; and to speak of it constantly; to arouse people to wage war against them and hate them, in order that it not be forgotten or the hatred towards them lessened with the passage of time.
The source of this commandment is G‑d's statement2 (exalted be He), "Remember what Amalek did to you. [Do not forget.]"
The Sifri3 says, "The phrase, 'Remember what Amalek did to you,' refers to doing so verbally. The phrase, 'Do not forget,' means in one's heart." This means that one should say verbally words that cause people to keep this hatred in their hearts. The Sifra4 says, "From the verse, 'Remember what Amalek did to you,' you might think it means in your heart. But when it says, 'Do not forget,' that means in your heart! How do we explain the commandment to 'remember?' It means to speak about it verbally." You can see how the Prophet Shmuel went about fulfilling this commandment: first he remembered them [verbally] and then commanded that they be killed. This was done when he said,5 "I remember what Amalek did to the Jewish people when they came up from Egypt."
FOOTNOTES
1.See Kapach, 5731, footnote 59, that this is the type of remembrance meant by the Arabic word b'tad'kar.
2.Deut. 25:17.
3.End of Ki Seitzei.
4.Beginning of Parshas Bechukosai.
5.Shmuel I, 15:2.
     -------------------------------------
Negative Commandment 59
Forgetting Amalek's Deed
"You must not forget"—Deuteronomy 25:19.
We are enjoined to never forget that which Amalek did to us, that they were the first to "greet" us [after we left Egypt] with evil [i.e., battle]. We must never allow the hate from Amalek to be forgotten from our hearts.
Full text of this Mitzvah »
Forgetting Amalek's Deed
Negative Commandment 59
Translated by Berel Bell
The 59th prohibition is that we are forbidden from forgetting what the descendants of Amalek did to us, i.e. to be the first to attack us [after we were redeemed from Egypt].
In P189 we explained that remembering what the descendants of Amalek did to us and constantly renewing our hatred towards them is a positive commandment. Similarly, we are forbidden from ignoring it and forgetting about it, and it is an actual prohibition.
The source of this prohibition is G‑d's statement,1 "Do not forget."
The Sifri2 says, " 'Remember,' means verbally. 'Do not forget,' means in one's heart." This means that you should not ignore hating him, nor remove it from your heart.
FOOTNOTES
1.Deut. 25:19.
2.End of Ki Seitzei.
    -------------------------------------

• 1 Chapter: Nedarim Nedarim - Chapter 13 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
• Nedarim - Chapter 13
Halacha 1
A man may nullify or accept the [vows] of his wife or daughter in any language, even though she does not understand it, for the woman need not hear the nullification or the acceptance [of her vow].1
Halacha 2
How does he nullify [the vow]? He says: "It is nullified," "It is void," "This vow is of no consequence,"2 or uses other terms that imply that the vow is nullified from the outset, whether in the woman's presence or in her absence.1
If, however, he tells her: "I cannot bear your taking a vow" or "This is not a vow," he did not nullify it.3 Similarly, if he tells his wife or his daughter: "[Your vow] is forgiven," "[It] is released," "[It] is absolved," or the like, his statements are of no consequence.4 For a father and a husband do not release a vow like a sage does, but instead, uproot the vow from the outset and nullify it.5
Halacha 3
How does one express his acceptance of a vow? He says to her: "I uphold your vow," "It was good that you vowed," "There is no one like you," "Had you not taken the vow, I would have administered it to you," or any analogous statement that implies that he is happy with this vow.
Halacha 4
When a person voids the vows of his wife or daughter, it is not necessary for him to say anything6 and all of the vows are nullified.
Halacha 5
What is meant by voiding? That he forces her to do something that she forbade herself to do.7 Nullification, by contrast, does not involve forcing her. Instead, he nullifies the vow verbally and allows her [to do as she desires]. If she desires, she may act [in violation of the vow]. If she desires, she need not.8
Halacha 6
What is implied? She took a vow or an oath not to eat or not to drink and he told her: "It is nullified for you." It is nullified and she is permitted to eat and to drink. If he took it and gave it to her, saying: "Take this and eat it," "Take this and drink," she may eat and drink and the vow is automatically nullified.9
Halacha 7
When a person nullifies the vows of his wife or daughter, he must make a verbal statement of nullification. If he nullifies it within his heart, [the vow] is not nullified. When, however, he voids [their vows], he does not have to make a verbal statement. Instead, he nullifies the vow in his heart and compels her to perform [the deed]. Whether she performs it or not, the vow is nullified.
Halacha 8
We may nullify vows on the Sabbath, whether for the sake of the Sabbath10 or not.11 On the Sabbath, however, one should not, however, tell [his wife or daughter]: "[Your vow] is nullified," as one would say during the week.12Instead, he should nullify [the vow] in his heart and tell her: "Take this and eat it," "Take this and drink," or the like.
Halacha 9
When a person tells his wife or his daughter: "All the vows that you will take from now until I come from this and this place are upheld" or "...are nullified," his words are of no substance.13
If he appointed an agent to nullify her vows or to uphold them, his act is of no substance, as [implied by Numbers 30:14]: "Her husband will uphold them, her husband will nullify them." Similarly, her father must act on his own, not through an agent.
Halacha 10
[When a woman takes a vow,] forbidding herself to [partake of] figs and grapes, whether through a vow or through an oath, whether she forbade herself from [partaking of] all types of the species or she said: "These figs and these grapes," if [her husband] upheld [the vow] concerning figs and nullified that concerning grapes or upheld [the vow] concerning grapes and nullified that concerning figs, what he upheld is binding and what he nullified is nullified. Similar laws apply in all analogous situations. With regard to the nullification of a vow, we do not say that when a portion of a vow has been nullified, the entire vow is nullified, as is said with regard to the absolution of vows.14
Halacha 11
When a man's wife takes a vow and he hears it and extends the vow to apply to him,15 he cannot nullify it. [The rationale is that] he [already] upheld it.16If he took a vow and she extended it and applied it to herself, he may nullify her vow, but his vow is binding.
Halacha 12
What is implied? He heard his wife or his daughter say: "I am a nazirite," and said: "And I am also," he cannot nullify [her vow]17 and they are both nazirites.18If he said: "I am a nazirite," and she heard and said: "And so am I," he may nullify her vow and his vow is still binding.19 Similar laws apply in all analogous situations.
Halacha 13
When a husband takes a vow and administers an identical vow to his wife, having made a certain decision to administer the vow to her, if she saysAmen,20 he may not nullify it. If he took a vow and administered it to her as a question to see what she felt about it, e.g., he asked her "Do you desire to be like me [by taking] this vow or not?" If she says: Amen, he may nullify her vow.
Halacha 14
What is implied? He said: "I am a nazirite and so are you," i.e., you are a nazirite just like me. If she says Amen, he may not nullify her vow.21
If he says: "I am a nazirite. What do you say? Will you be a nazirite like me?" If she says Amen, he may nullify her vow.22 If he nullifies her vow, his vow is also nullified. It is as if he made his vow dependent on her vow.23
If she told him: "I am a nazirite. What about you?", if he answered Amen, he cannot nullify [her vow].24 Similar laws apply in all analogous situations.
Halacha 15
[The following rules apply when] a woman takes a vow and another person extends the scope of the vow to include himself, saying "And I [as well]." If her father or husband hears of the vow and nullifies it, her vow is nullified, but that of the person who extended the vow is not.25
Halacha 16
[The following rules apply concerning] a woman who is unmarried and not in her father's domain who says: "Meat will be forbidden to me after 30 days" and she marries within those 30 days. Even though she is in her husband's domain at the time the vow takes effect, he cannot nullify it. [The rationale is that] at the time the vow was taken she was not in his domain. Concerning such a situation, it was said [Numbers 30:10]: "The vow of a widow or a divorcee... shall remain standing." [This applies] even if she was consecrated to [her husband] at the time she took the vow, for a husband may not nullify26 [vows that were taken] before [the marriage is consummated], as we explained.27
Halacha 17
[The following rules apply if a woman] took a vow while under her husband's domain that meat will become forbidden to her after 30 days or that she will become a nazirite after 30 days and her husband nullified her vow, but he died or divorced her within those 30 days. Although she will be a divorcee or a widow when the vow will take effect, she is not bound by it, because [her husband] already nullified this vow for her.28
Halacha 18
When a widow or a divorcee says: "Wine will be forbidden to me when I marry," [if] she marries, her husband cannot nullify the vow.29 [If a married woman says]: "I will be forbidden [to eat] meat when I am divorced," her husband may nullify the vow. When she is divorced, she is permitted [to eat meat].30
Halacha 19
When a husband upholds [his wife's vow] in his heart, it has been upheld.31 If he nullifies it in his heart, it is not nullified, as we explained.32 Therefore, if he nullifies it in his heart, he can still retract and uphold it. If, by contrast, he upheld it within his heart, he cannot retract and nullify unless he retracts immediately thereafter.33 [That leniency is granted] so that his thoughts within his heart should not have greater power than the statements he makes.34
Halacha 20
When a person upholds the vows of his daughter or his wife and then changes his mind, he may appeal to a sage to absolve him of his acceptance [of the vow].35 He may then recant and nullify it for her that day.36 If, by contrast, he nullifies it for her and then changes his mind, he cannot appeal to a sage to absolve it so that he can retract and maintain it.37
Halacha 21
When a consecrated maiden takes a vow and only one of her father or husband upholds her vow, while the other nullifies, even if the one who upheld the vow approaches a sage and has his acceptance absolved, he cannot recant and nullify the vow38 together with the one who has already nullified it. [The rationale is that] the two may only nullify [the vow] together.39
Halacha 22
If a man tells his daughter or his wife: "It is upheld for you. It is upheld for you," [even] if he asks to have the first acceptance absolved, the second one takes effect.40
If he tells her: "It is upheld for you. It is nullified for you, but the acceptance will not take effect until after the nullification does," [the vow] is nullified, because the acceptance does not take effect after the nullification.41
If, however, he tells her: "It is upheld for you and nullified for you at the same time,"42 it is upheld.43 If he tells her: "It is upheld for you today," it is upheld forever.44 If he tells her: "It is nullified for you tomorrow," it is not nullified, for he upheld it today and he cannot nullify it on the following day.45If he tells her: "It is upheld for you for one hour," and the day passed without him nullifying it, he has upheld it. We do not say that this is like one who said: "It is nullified for you after an hour," because he never verbally expressed its nullification.46
If he told her: "It is upheld for you for one hour," and after an hour, he told her: "It is nullified for you," there is an unresolved question [as to the ruling].47Therefore she is forbidden in [the matters] her vow [concerned].48 If, however, she violated her vow, she is not punished by lashes.49
Halacha 23
When a person takes vows in order to establish his character traits and correct his conduct, he is considered eager and praiseworthy. What is implied? If a person was a glutton and he [took a vow] forbidding meat for a year or two, a person was obsessed with wine and he [took a vow] forbidding himself from drinking wine for a prolonged period or he forbade himself from ever becoming intoxicated, a person would continually pursue illicit gain and was overexcited about wealth [took a vow] forbidding [accepting] presents or benefit from people in a particular country, similarly, a person who would be proud of his comely appearance and took a nazirite vow,50 or the like - all of these are paths in the service of God and concerning such vows and the like our Sages said:51 "Vows are a safeguard for restraint."52
Halacha 24
Although [taking vows] is an element of the service of God, a person should not take many vows involving prohibitions and should not habituate himself to taking them.53 Instead, he should abstain from those things from which one should abstain without taking a vow.
Halacha 25
Our Sages stated:54 "Anyone who takes a vow is considered as having built a private altar."55 If he transgressed and took a vow, it is a mitzvah to ask [a sage] to absolve it,56 so that he will not have an obstacle before him.
When does the above apply? With regard to vows involving prohibitions. With regard to vows involving the consecration of articles, it is a mitzvah to uphold them and not to ask for their absolution unless one is [financially] pressed, as [Psalms 116:14] states: "I will fulfill my vows to God."
Blessed be God who grants assistance.
FOOTNOTES
1.
See Chapter 12, Halachah 18, which explains that even if the woman intended to transgress, if her father or husband nullified the vow beforehand, she is not liable.
2.
Although the Shulchan Aruch (Yoreh De'ah 234:37) mentions the Rambam's view, it also mentions that of Rabbenu Asher who maintains that this last phrase is not effective in nullifying a vow.
3.
For his wording does not imply that the vow is nullified.
4.
I.e., although these expressions are effective for a sage when absolving a vow, they are not effective for a husband or a father.
5.
In his Commentary to the Mishnah (Nedarim 13:8), the Rambam explains the statements he makes here. The term "nullify" implies nullifying an entity to the extent that it is as if it never existed. "Releasing," by contrast, implies that a connection existed, but it was released and will not have any effect in the future.
The Rambam's statements have aroused the attention of the commentaries for they appear to run contrary to the understandings of other authorities and the Rambam's own rulings. To explain: From Halachah 15 of this chapter and from Chapter 12, Halachah 19, it appears that until a father or a husband nullifies a vow, the vow is binding. Even when he nullifies it, the nullification affects only the future. See Hilchot Nazirut 9:11. When a sage absolves a vow, by contrast, it is as if the vow was never taken. See Hilchot Ishut 7:8-9, Hilchot Nazirut 3:10.
The Kessef Mishneh explains that the terminology employed by the Rambam here can be explained as follows: A sage does not "uproot" a vow, he causes it to be considered as if a vow not taken originally. A father or a husband, by contrast, uproot a vow, causing an entity that did exist to be nullified.
6.
I.e., the Rambam is making a distinction between hafarah, "nullification," and bittul, voiding as he proceeds to explain. See also his Commentary to the Mishnah, loc. cit.,, where he elaborates on the distinction between these two activities.
7.
E.g., if she took a vow not to drink wine, he causes her to drink wine.
The Ra'avad differs with the Rambam, maintaining that there is no concept of voiding a woman's vow by causing her to break it. Such concepts apply only with regard to servants. The Radbaz explains the Rambam's wording, stating that with regard to servants, it is necessary to actually compel them to break their vows. Such conduct is not appropriate with regard to one's wife or daughter. Nevertheless, if a husband or a father gently cause a woman to break their vow, that vow is nullified. The Shulchan Aruch (Yoreh De'ah 234:39) mentions both views though it appears to favor the Ra'avad's view.
8.
I.e., since the vow has been nullified, she is under no obligation to keep it. On the other hand, she is not obligated to perform the act forbidden by the vow..
9.
Without him saying anything.
10.
I.e., she took a vow not to wear jewelry or not to partake of a particular food.
11.
Even though the vow has no connection to the Sabbath and it is forbidden to perform any activity for the weekdays on the Sabbath, we allow him to nullify it. The rationale is that, otherwise, he will not be able to nullify it on Saturday night, because the time for nullification will have already passed. As stated in Hilchot Sh'vuot 6:6, on the Sabbath, a sage may absolve only those vows that concern the Sabbath (Kessef Mishneh).
12.
Because it is the Sabbath, it is preferable to change the wording one uses. Even if one uses this wording during the week, the vow is nullified, as indicated by Halachah 6.
13.
This concept is also derived from the prooftext cited below. Until a vow comes into existence and can be upheld, it cannot be nullified (Turei Zahav 234:28).
14.
See Chapter 4, Halachah 11, Chapter 8, Halachah 6. The rationale is that a sage nullifies the vow from the outset, causing it to be considered as if it were never taken. Therefore the entire vow is considered as a single entity. A husband, by contrast, nullifies a vow as it exists. Hence, each element of the vow can be considered independently.
The Rambam's ruling is quoted by the Shulchan Aruch (Yoreh De'ah 234:36). The Tur and the Rama differ and maintain that a husband must also nullify the entire vow. Once a portion of a vow is upheld, the vow cannot be nullified.
15.
See Chapter 3, Halachah 3, for an explanation regarding the convention of extending a vow.
16.
For by attaching himself to her vow, he shows that he considers it a viable entity.
17.
As Nedarim 3a states, the laws that apply to the nullification of other vows also apply to the nullification of nazirite vows.
18.
For the reason mentioned in the previous halachah.
19.
For his vow is not at all dependent on hers.
20.
She must, however, state her consent, for he cannot compel her to take a vow against her will. See Chapter 2, Halachah 1.
21.
He is forbidden to nullify his wife's vow, because by doing so, his own vow would be nullified as stated in the conclusion of the halachah. Since he is forbidden to cause his own vow to be nullified, he is forbidden to nullify her vow (see Nazir 22b).
22.
For his commitment is not dependent on hers at all. Even if she refuses to accept a nazirite vow, he is obligated to keep his vow. Hence, his right to nullify her vow is intact.
23.
This refers to the first clause. It is as if he made his vow and her vow a single statement. Thus nullifying her vow would cause his vow also to be nullified. This is forbidden, because he is bound to uphold his vow. Nevertheless, after the fact, if he does nullify her vow, his vow is also nullified (Radbaz). See the Nekudot HaKessef [to Shulchan Aruch (Yoreh De'ah 234:54)] who explains that the Rambam's version of Nazir 22b follows the Jerusalem Talmud and differs from the standard text of the Babylonian Talmud.
24.
As stated in Halachah 11.
25.
The rationale for this ruling is that the husband's nullification affects the vow only from the time he made it onward. It does not nullify it from the outset. Hence, any extension of a vow that was made before the vow is nullified is binding [Radbaz; Shulchan Aruch (Yoreh De'ah 234:51)].
26.
I.e., alone, without the nullification of the father (Chapter 11, Halachah 10).
27.
Chapter 11, Halachot 20, 22.
28.
I.e., whether or not his nullification takes effect depends on their relationship at the time he nullifies the vow (Nedarim 89a).
29.
Because he cannot nullify the vows that were taken before marriage, as explained above.
30.
Here also, what is important is the woman's status at the time of the vow and not what her status will be when the vow takes effect.
31.
As stated in Chapter 12, Halachah 18, when a husband remains silent throughout the day, his wife's vow is upheld. This is a sign that his tacit acceptance of a vow is sufficient for it to be binding (Rabbenu Nissim).
32.
As stated in Halachah 7, he must make a verbal statement of nullification. If, however, he voids his wife's vow, her nullification is not binding, as stated in Halachot 4-5.
33.
This term has a specific halachic definition: the time it takes a student to tell his teacher: Shalom Elecha Rabbi (Hilchot Sh'vuot 2:17).
34.
Since a person can nullify a vow or an oath if he retracts within this time, he may certainly retract his acceptance of his wife's oath in thought.
35.
I.e., just as he can appeal to a sage to absolve him of a vow he took, so, too, he may absolve his acceptance of a vow.
36.
I.e., the day he changed his mind, even if it is several days afterwards, is equivalent to the day he heard of his wife's vow. Since he cannot have his acceptance nullified unless he changes his mind, the days when he does not change his mind are considered equivalent to days when he does not know of the vow [Tur (Yoreh De'ah 234)].
There are other Rishonim who maintain that he can ask the sage to have his acceptance absolved only on the day he heard of the vow. The Shulchan Aruch (Yoreh De'ah 234:49) mentions both vows without indicating which one should be favored. The Rama maintains that we should be stringent and follow the second view.
37.
Upholding a vow is considered equivalent to taking a vow. Hence, just as a vow can be absolved, the acceptance of one can be absolved. The nullification of a vow, by contrast, cannot be considered as a vow and cannot be absolved. The Radbaz adds that if the person does not know that he can have his acceptance absolved, the day he finds out that information is equivalent to the day he heard of the vow.
38.
The Siftei Cohen 234:16 states that this applies even if he has the acceptance absolved on the day he hears of the vow.
39.
Even if the first one nullified the vow again so that they make a combined statement, their nullification is not accepted.
40.
At the time he stated his acceptance of the vow a second time, his acceptance was of no consequence, because it was unnecessary. Nevertheless, after he nullifies his first acceptance, the second acceptance becomes significant.
41.
As stated in Halachah 20.
42.
The Radbaz states that this ruling applies even if he does not add the words "at the same time."
43.
The two statements cancel each other out. It is as if he remained silent and the vow is therefore upheld. The Kessef Mishneh explains that the Rambam's rationale is that since the nullification cannot take effect after the vow is upheld, it cannot take effect if it is made simultaneously with the upholding of the vow.
44.
Since, as the Rambam states later on, he did not verbally express his nullification of the vow, it remains binding even after the day passes.
45.
For a vow must be nullified on the day, the man heard about it. In his Nekudot HaKessef, the Siftei Cohen explains that the Rambam's wording implies that he may nullify it that day. The Turei Zahav234:39-40, however, infers that he cannot nullify it at all once it takes effect for that day.
46.
The instances cited by the Rambam are questions posed by Nedarim 69b, 70a. Since the Talmud continues asking questions, using one instance as a springboard for another, following the pattern of im timtzeh lomar, the Rambam concludes that each of the instances used as a basis for a further question is accepted as halachah (Kessef Mishneh).
47.
This is the last of the series of instances concerning which the Talmud asks in that passage.
48.
Lest her vow in fact be binding.
49.
Because punishment is not given when we are uncertain whether a prohibition exists.
50.
This requires him to allow his hair to grow untrimmed and thus will prevent him from beautifying his appearance. See Nedarim 9b which relates that Rabbi Shimon ben Shetach would almost never partake of the sacrifices of a nazirite. Once, however, he saw a particularly handsome young man who had taken a nazirite vow. He asked him why he had done so and the young man explained that, because of his good looks, he was being tempted by his evil inclination. To rise above the temptation, he took the nazirite vow. Rabbi Shimon ben Shetach praised him for his actions.
51.
Avot 3:13.
52.
In his commentary to that mishnah, the Rambam explains that "taking and maintaining vows to abstain from certain [undesirable] elements [of conduct] ingrains in a person the tendency to bridle the desires he seeks to curb. This tendency will continue and it will be easy for him to acquire the quality of restraint - i.e., the tendency to protect oneself from impurity." See also Moreh Nevuchim, Vol. III, the conclusion of ch. 48, which discusses the Divine service associated with taking and maintaining vows.
Nevertheless, the Rambam is not praising restraint as a mode of conduct that is always desirable. On the contrary, in Hilchot De'ot 3:1, he explains that a nazirite is called "a sinner" because he abstains from wine and states:
Our Sages directed man to abstain only from those things which the Torah denies him and not to forbid himself permitted things by vows and oaths. Thus our Sages (Jerusalem Talmud, Nedarim9:1) asked rhetorically: "Are not the things which the Torah has prohibited sufficient for you? [Why] must you add further prohibitions?"
In the instances mentioned here, however, the person taking the vow is not doing so because he thinks that abstinence is desirable. Instead, he wishes to develop self-control and inner discipline and feels that taking a vow is an effective means to encourage him to do so.
53.
Lest he not keep the vow, and in this way transgress.
54.
Nedarim 22a.
55.
During the time the Sanctuary stood at Shilo and from the time the Temple was built in Jerusalem afterwards, it was forbidden to offer sacrifices on private altars. Similarly, taking a vow is considered undesirable and comparable to building such an altar. Rabbenu Nissim explains the comparison based on the passage from Hilchot De'ot cited above, i.e., just as a person who builds a private altar offers a sacrifice to God in an undesirable manner, so, too, a person who takes a vow adds a restriction that the Torah does not require him to observe.
56.
As explained in ch. 4.
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• 3 Chapters: Melachim uMilchamot Melachim uMilchamot - Chapter 4, Melachim uMilchamot Melachim uMilchamot - Chapter 5, Melachim uMilchamot Melachim uMilchamot - Chapter 6
• English Text | Hebrew Text | Audio: Listen | Download• Melachim uMilchamot - Chapter 4
Halacha 1
The king is granted license to levy taxes upon the nation for his needs or for the purpose of war. He may also fix a duty on merchandise. It is forbidden to avoid paying this duty. The king has the right to decree that if someone does not pay these duties, his property will be seized or he will be killed.
These laws are derived as follows: I Samuel 8:17 states: 'You will be servants to him, the king.' Previously, Deuteronomy 20:11 states: 'They shall be subject to your levy and they shall serve you.' From this association, it is derived that the king may levy taxes and fix duties.
The statutes that he establishes in these and related matters are accepted as law for all the matters mentioned in the Biblical passage concerning the king are rights to which the king is entitled.
Halacha 2
He may also send throughout the territory of Eretz Yisrael and take from the nation valiant men and men of war and employ them as soldiers for his chariot and cavalry. Similarly, he may appoint them as his body guard and as footmen to run before him as I Samuel 8:11 states: 'He shall place them among his charioteers and his horsemen and they shall run before his chariot.' He may also take the choicest of them to be his servants and attendants as ibid.:16 states: 'He shall take... your finest young men... to do his work.'
Halacha 3
Similarly, he may take all those that are necessary for him from the nation's craftsmen and employ them to do his work. He must pay their wages. He may also take all the beasts, servants, and maids that are necessary for his tasks. He must pay their hire or their value as ibid.:12-16 states: 'He will set them to plough his ground and to reap his harvest, to make instruments of war, and gear for his chariots.... He will take your servants, your maids, your finest young men, and your donkeys to do his work.'
Halacha 4
Similarly, he may take wives and concubines from the entire territory of Eretz Yisrael. The term 'wives' implies women who were married with A ketubah andkiddushin; concubines, women who were not given A ketubah and kiddushin. With the act of yichud alone, the king acquires her and relations with her are permitted him.
A commoner is forbidden to have a concubine. The only similar relationship is the union with a Hebrew maid servant after she has been designated by her master.
The king may make the concubines which he takes to his palace cooks, bakers, and perfumers as ibid.:13 states: 'He will take your daughters to be perfumers, cooks, and bakers.
Halacha 5
He may force those who are fit to serve as officers, appointing them as leaders of thousands and leaders of fifties as ibid.:12 states: 'He shall appoint them as leaders of thousands and leaders of fifties for himself.'
Halacha 6
He may take fields, olive groves, and vineyards for his servants when they go to war and allow them to commandeer these places if they have no source of nurture other than them. He must pay for what is taken. This is stated inibid.:14: 'He shall take your good fields, vineyards, and olive groves and give them to his servants.
Halacha 7
He is entitled to a tenth of the produce of the seed and the orchards and the newborn beasts as ibid.:16-17 states: 'He will take a tenth of your seed and your vineyards...He shall take a tenth of your sheep.'
Halacha 8
The Messianic king may take a thirteenth portion of all the lands conquered by Israel as his own. This will be an allotment for him and his descendants forever.
Halacha 9
The property of all those executed by the king, belongs to the king. Similarly, all the treasures belonging to the kings of the kingdoms which he conquers become the property of the king.
In regard to the other spoil which is taken. The soldiers may take spoil. Afterwards, they must bring it to the king. He is entitled to one half of the spoil. He takes this portion first.
The second half of the spoil is divided between the combat soldiers and the people who remained in camp to guard the baggage. An equal division is made between them as I Samuel 30:24 relates: 'The portion of those who go down to the battle will be as the portion of those who stay with the baggage. They shall divide equally.'
Halacha 10
All the lands that he conquers belong to him. He may apportion them to his servants and soldiers as he desires and keep the remainder for himself. In all these matters, the judgement he makes is binding.
In all matters, his deeds shall be for the sake of heaven. His purpose and intent shall be to elevate the true faith and fill the world with justice, destroying the power of the wicked and waging the wars of God. For the entire purpose of appointing a king is to execute justice and wage wars as I Samuel 8:20 states: 'Our king shall judge us, go out before us, and wage our wars.'

Melachim uMilchamot - Chapter 5

Halacha 1
A king should not wage other wars before a milchemet mitzvah. What is considered as milchemet mitzvah? The war against the seven nations who occupied Eretz Yisrael, the war against Amalek, and a war fought to assist Israel from an enemy which attacks them.
Afterwards, he may wage a milchemet hareshut, i.e. a war fought with other nations in order to expand the borders of Israel or magnify its greatness and reputation.
Halacha 2
There is no need to seek the permission of the court to wage a milchemet mitzvah. Rather, he may go out on his own volition and force the nation to go out with him. In contrast, he may not lead the nation out to wage a milchemat hareshut unless the court of seventy one judges approves.
Halacha 3
The king may burst through the fences surrounding fields or vineyards to make a road and no one can take issue with him.
There is no limit to the road the king may make. Rather, it may be as wide as necessary. He need not make his road crooked because of an individual's vineyard or field. Rather, he may proceed on a straight path and carry out his war.
Halacha 4
It is a positive commandment to annihilate the seven nations who dwelled inEretz Yisrael as Deuteronomy 20:17 states: 'You shall utterly destroy them.'
Anyone who chances upon one of them and does not kill him violates a negative commandment as ibid.:16 states: 'Do not allow a soul to live.' The memory of them has already been obliterated.
Halacha 5
Similarly, it is a positive commandment to destroy the memory of Amalek, asDeuteronomy 25:19 states: 'Obliterate the memory of Amalek.
It is also a positive commandment to constantly remember their evil deeds and their ambush of Israel to arouse our hatred of them, as ibid.:17 states: 'Remember what Amalek did to you.' The Oral Tradition teaches: ...Remember' - with your mouths; ...Do not forget' - in your hearts.' For it is forbidden to forget our hatred and enmity for them.
Halacha 6
All the lands which Israel conquers in wars led by a king and approved by the court are considered as conquered by the people at large. Thus, they have the same status as Eretz Yisrael which was conquered by Joshua in every regard. This only applies if they were conquered after the conquest of Eretz Yisrael as described in the Torah.
Halacha 7
It is permitted to dwell anywhere in the entire world with the exception of the land of Egypt. Its territory includes a square of 400 parsah by 400 parsah from the Mediterranean Sea proceeding westward, bordering on the land of Kush and the desert. It is forbidden to dwell in this entire territory.
In three places, the Torah warned against returning to Egypt:
a) 'God has told you, you must never again return on that path' (Deuteronomy 17:16);
b) 'You shall not see it again' (Deuteronomy 28:68);
c) 'You shall never see them again forever' (Exodus 14:13).
Alexandria is included in this prohibition.
Halacha 8
It is permitted to return to Egypt for the purpose of trade and commerce and to pass through while conquering other nations. The prohibition consists of settling there.
Lashes are not given as punishment for the violation of this prohibition because at the time one enters, there is no prohibition. Should he decide to settle there, there is no deed involved.
It appears to me that if a king of Israel would conquer the land of Egypt with the approval of the court, it would be permissible to settle there. The prohibition against returning was only given to individuals or to dwell there while it is under the rule of the gentiles for their behavior is more depraved than that of the peoples of other lands as can be inferred from Leviticus 18:3: 'Do not follow the ways of Egypt....'
Halacha 9
It is forbidden to leave Eretz Yisrael for the Diaspora at all times except:
to study Torah;
to marry; or
to save one's property from the gentiles.
After accomplishing these objectives, one must return to Eretz Yisrael.
Similarly, one may leave Eretz Yisrael to conduct commercial enterprises. However, it is forbidden to leave with the intent of settling permanently in the Diaspora unless the famine in Eretz Yisrael is so severe that a dinar's worth of wheat is sold at two dinarim.
When do these conditions apply? When one possesses financial resources and food is expensive. However, if food is inexpensive, but a person cannot find financial resources or employment and has no money available, he may leave and go to any place where he can find relief.
Though it is permitted to leave Eretz Yisrael under these circumstances, it is not pious behavior. Behold, Machlon and Kilyon were two of the great men of the generation and they left Eretz Yisrael only out of great distress. Nevertheless, they were found worthy of death by God.
Halacha 10
Great sages would kiss the borders of Eretz Yisrael, kiss its stones, and roll in its dust. Similarly, Psalms 102:15 declares: 'Behold, your servants hold her stones dear and cherish her dust.'
Halacha 11
The Sages commented: 'Whoever dwells in Eretz Yisrael will have his sins forgiven as Isaiah 33:24 states: 'The inhabitant shall not say 'I am sick.' The people who dwell there shall be forgiven their sins.'
Even one who walks four cubits there will merit the world to come and one who is buried there receives atonement as if the place in which he is buried is an altar of atonement as Deuteronomy 32:43 states: 'His land will atone for His people.' In contrast, the prophet, Amos [7:17, used the expression] 'You shall die in an impure land' as a prophecy of retribution.
There is no comparison between the merit of a person who lives in Eretz Yisraeland ultimately, is buried there and one whose body is brought there after his death. Nevertheless, great Sages would bring their dead there. Take an example, from our Patriarch, Jacob, and Joseph, the righteous.
Halacha 12
At all times, a person should dwell in Eretz Yisrael even in a city whose population is primarily gentile, rather than dwell in the Diaspora, even in a city whose population is primarily Jewish.
This applies because whoever leaves Eretz Yisrael for the Diaspora is considered as if he worships idols as I Samuel 26:19 states 'They have driven me out today from dwelling in the heritage of God, saying 'Go, serve other gods.' Similarly, Ezekiel's (13:9) prophecies of retribution state: 'They shall not come to the land of Israel.'
Just as it is forbidden to leave the chosen land for the Diaspora, it is also forbidden to leave Babylon for other lands as Jeremiah 27:22 states: 'They shall be brought to Babylon and there they shall be until I take heed of them... and restore them to this place.'

Melachim uMilchamot - Chapter 6

Halacha 1
War, neither a milchemet hareshut or a milchemet mitzvah, should not be waged against anyone until they are offered the opportunity of peace asDeuteronomy 20:10 states: 'When you approach a city to wage war against it, you should propose a peaceful settlement.'
If the enemy accepts the offer of peace and commits itself to the fulfillment of the seven mitzvot that were commanded to Noah's descendents, none of them should be killed. Rather, they should be subjugated as ibid.:11 states: 'They shall be your subjects and serve you.'
If they agree to tribute, but do not accept subjugation or if they accept subjugation, but do not agree to tribute, their offer should not be heeded. They must accept both.
The subjugation they must accept consists of being on a lower level, scorned and humble. They must never raise their heads against Israel, but must remain subjugated under their rule. They may never be appointed over a Jew in any matter whatsoever.
The tribute they must accept consists of being prepared to support the king's service with their money and with their persons; for example, the building of walls, strengthening the fortresses, building the king's palace, and the like as I Kings 9:15-22) relates: "This is the tribute which Solomon raised to build the House of God, his own palace, the Milo, the wall of Jerusalem,... and all the store-cities which Solomon had... All the people that remained from the Amorites... upon them did Solomon lay a tribute of bondservice until this day."
In contrast, Solomon did not make bondsmen out of the children of Israel. They were men of war, his personal servants, his princes, his captains, the officers of his chariots, and his horsemen.
Halacha 2
In the settlement he offers, the king may propose that he is entitled to take half their financial resources. Or he may propose to take all their landed property and leave them their movable property; or to take all their movable property and leave their land.
Halacha 3
It is forbidden to lie when making such a covenant or to be untruthful to them after they have made peace and accepted the seven mitzvot.
Halacha 4
If they do not agree to a peaceful settlement, or if they agree to a peaceful settlement, but refuse to accept the seven mitzvot, war should be waged against them.
All males past majority should be killed. Their money and their children should be taken as spoil, but neither women or children should be killed, asDeuteronomy 20:14 states: 'But the women and the children... take as spoil." 'The children' refer to males below the age of majority.
The above applies to a milchemet hareshut fought with other nations. However, if either the seven nations or Amalek refuse to accept a peaceful settlement, not one soul of them may be left alive as ibid. 20:15-16 states: 'Do this to all the cities that ... are not the cities of these nations. However, from the cities of these nations,... do not leave a soul alive.' Similarly, in regard to Amalek,Deuteronomy 25:19 states: 'Obliterate the memory of Amalek.'
How do we know that these commands are only referring to those who did not accept a peaceful settlement? Joshua 11:19-20 states: 'There was no city which accepted a peaceful settlement with the children of Israel except the Chivites who lived in Gibeon. All the rest, they conquered in battle. This was inspired by God, Who strengthened their hearts to engage in battle against Israel so that they would be destroyed.' From these statements, we can infer that a peaceful settlement was offered, but they did not accept it.
Halacha 5
Joshua sent three letters to the Canaanites before entering the promised land: At first, he sent them: 'Whoever desires to flee, should flee.'
Afterwards, he sent a second message: 'Whoever desires to accept a peaceful settlement, should make peace.'
Then, he sent again: 'Whoever desires war, should do battle.'
If so, why did the inhabitants of Gibeon employ a ruse? Because originally, when he sent the message to them as part of all the Canaanite nations, they did not accept. They were not aware of the laws of Israel and thought that they would never be offered a peaceful settlement again.
Why was the matter difficult for the princes of Israel to accept to the point that they desired to slay the Gibeonites by the sword were it not for the oath they had taken? Because they made a covenant with them and Deuteronomy 7:2states 'Do not make a covenant with them.' Rather, the laws governing their status would have prescribed that they be subjugated as servants.
Since the oath was given to them under false pretenses, it would have been just to slay them for misleading them, were it not for the dishonor to God's name which would have been caused.
Halacha 6
No offer of a peaceful settlement should be made to Ammon and Moav, asDeuteronomy 23:7 states: 'Do not seek their peace and welfare for all your days.' Our Sages declared: Although it is written: 'Offer a peaceful settlement,' does this apply to Ammon and Moab? The Torah states: 'Do not seek their peace and welfare.'
Although it is written Deuteronomy 23:17: 'He must be allowed to live alongside you in you midst,' does this apply to Ammon and Moav? No, the Torah also forbids 'their welfare.'
Even though we should not offer them a peaceful settlement, if they sue for peace themselves, we may accept their offer.
Halacha 7
When a siege is placed around a city to conquer it, it should not be surrounded on all four sides, only on three. A place should be left for the inhabitants to flee and for all those who desire, to escape with their lives, as it is written Numbers 31:7: 'And they besieged Midian as God commanded Moses.' According to tradition, He commanded them to array the siege as described.
Halacha 8
We should not cut down fruit trees outside a city nor prevent an irrigation ditch from bringing water to them so that they dry up, as Deuteronomy 20:19 states: 'Do not destroy its trees.' Anyone who cuts down such a tree should be lashed.
This does not apply only in a siege, but in all situations. Anyone who cuts down a fruit tree with a destructive intent, should be lashed.
Nevertheless, a fruit tree may be cut down if it causes damage to other trees or to fields belonging to others, or if a high price could be received for its wood. The Torah only prohibited cutting down a tree with a destructive intent.
Halacha 9
It is permissible to cut down any non-fruit bearing tree, even if one has no need for it. Similarly, one may cut down a fruit bearing tree that has become old and produces only a slight yield which does not warrant the effort required to care for it.
What is the yield that an olive tree must produce to warrant that it should not be cut down? A quarter of a kav of olives. Similarly, a date palm which yields a kavof dates should not be cut down.
Halacha 10
This prohibition does not apply to trees alone. Rather, anyone who breaks utensils, tears garments, destroys buildings, stops up a spring, or ruins food with a destructive intent transgresses the command 'Do not destroy.' However, he is not lashed. Instead, he receives stripes for rebellious conductas instituted by the Sages.
Halacha 11
We should lay siege to the gentiles' cities at least three days before the Sabbath. We may engage in battle with them every day, even on the Sabbath, as Deuteronomy 20:20 states: 'against the city waging war with you until you subjugate it.' Our Sages explain: this implies 'even on the Sabbath.' This applies to both a milchemet mitzvah and a milchemet hareshut.
Halacha 12
The army may camp anywhere.
A person killed in the war should be buried where he falls. He acquires that place in the same manner as a meit mitzvah acquires his.
13. Four leniencies are permitted in an army camp:
a) Demai may be eaten.
b) There is no requirement to wash one's hands before eating bread.
c) Wood may be gathered from anywhere. Even if one finds wood that has been cut down and dried, there is no objection to taking it for an army camp.
d) There is no obligation to make an eruv chatzeirot for an army camp. Rather, one may carry from tent to tent and from booth to booth.
The latter is only permitted when the entire camp is surrounded by a barrier at least ten handbreadths high, for as explained in Hilchot Shabbat, a barrier must be at least ten handbreadths high.
Just as these leniencies apply when the army goes out to war, they apply when it returns.
Halacha 14
It is forbidden to defecate in an army camp or in an open field anywhere. Rather, it is a positive commandment to establish comfort facilities for the soldiers to defecate as Deuteronomy 23:13 commands: 'Designate a place outside the camp to use as a lavatory.'
Halacha 15
Similarly, it is a positive commandment for every single soldier to have a spike hanging together with his weapons. When he goes out and uses those comfort facilities, he should dig with it, relieve himself, and cover his excrement asibid.:14 states 'You must keep a spike among your weapons.'
They must follow these practices at all times, whether the ark accompanies them or not, as ibid.:15 states: 'God walks among your camp,... therefore, your camp shall be holy.'
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Hayom Yom:
English Text | Video Class
• Monday, Kislev 4, 5776 · 16 November /2015
"Today's Day"
Wednesday Kislev 4 5704
Torah lessons: Chumash: Chumash: Vayeitsei, Revi'i with Rashi.
Tehillim: 23-28.
Tanya: But the performance (p. 605)...of the law. (p. 607).
With mayim acharonim, wash the fingertips and, while they are still moist, pass them over the lips.
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Daily Thought:
Edit Your World
Suppose we were handed a red pen and an eraser, and told we could rewrite reality. If the storyline wouldn’t look so nice, we could change that. Even if the outcome is what we deserve and what logically follows by our actions, it could still be edited out.
We all have such a pen: Our confidence in G‑d’s kindness. Trust in Him, believe it will be good, and He will make it so.
Is it fair? Is it justified?
Yes. Because if you can trust so strongly, you have already been transformed.
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