Torah Reading
Torah Reading: Chayei Sarah (Genesis 23:1
Sarah lived to be 127 years old; these were the years of Sarah’s life. 2 Sarah died in Kiryat-Arba, also known as Hevron, in the land of Kena‘an; and Avraham came to mourn Sarah and weep for her. 3 Then he got up from his dead one and said to the sons of Het, 4 “I am a foreigner living as an alien with you; let me have a burial site with you, so that I can bury my dead wife.” 5 The sons of Het answered Avraham, 6 “Listen to us, my lord. You are a prince of God among us, so choose any of our tombs to bury your dead — not one of us would refuse you his tomb for burying your dead.”
7 Avraham got up, bowed before the people of the land, the sons of Het, 8 and spoke with them. “If it is your desire to help me bury my dead, then listen to me: ask ‘Efron the son of Tzochar 9 to give me the cave of Makhpelah, which he owns, the one at the end of his field. He should sell it to me in your presence at its full value; then I will have a burial site of my own.”
10 ‘Efron the Hitti was sitting among the sons of Het, and he gave Avraham his answer in the presence of the sons of Het who belonged to the ruling council of the city: 11 “No, my lord, listen to me: I’m giving you the field, with its cave — I’m giving it to you. In the presence of my people I give it to you.” 12 Avraham bowed before the people of the land 13 and spoke to ‘Efron in their hearing: “Please be good enough to listen to me. I will pay the price of the field; accept it from me, and I will bury my dead there.” 14 But ‘Efron answered Avraham, 15 “My lord, listen to me. A plot of land worth 400 silver shekels — what is that between me and you? Just bury your dead.” 16 Avraham got the point of what ‘Efron had said, so he weighed out for ‘Efron the amount of money he had specified in the presence of the sons of Het, 400 silver shekels of the weight accepted among merchants [ten pounds].
(ii) 17 Thus the field of ‘Efron in Makhpelah, which is by Mamre — the field, its cave and all the trees in and around it — were deeded 18 to Avraham as his possession in the presence of the sons of Het who belonged to the ruling council of the city.
19 Then Avraham buried Sarah his wife in the cave of the field of Makhpelah, by Mamre, also known as Hevron, in the land of Kena‘an. 20 The field and its cave had been purchased by Avraham from the sons of Het as a burial-site which would belong to him.
24:1 By now Avraham was old, advanced in years; and Adonai had blessed Avraham in everything. 2 Avraham said to the servant who had served him the longest, who was in charge of all he owned, “Put your hand under my thigh; 3 because I want you to swear by Adonai, God of heaven and God of the earth, that you will not choose a wife for my son from among the women of the Kena‘ani, among whom I am living; 4 but that you will go to my homeland, to my kinsmen, to choose a wife for my son Yitz’chak.” 5 The servant replied, “Suppose the woman isn’t willing to follow me to this land. Must I then bring your son back to the land from which you came?” 6 Avraham said to him, “See to it that you don’t bring my son back there. 7 Adonai, the God of heaven — who took me away from my father’s house and away from the land I was born in, who spoke to me and swore to me, ‘I will give this land to your descendants’ — he will send his angel ahead of you; and you are to bring a wife for my son from there. 8 But if the woman is unwilling to follow you, then you are released from your obligation under my oath. Just don’t bring my son back there.” 9 The servant put his hand under the thigh of Avraham his master and swore to him concerning the matter.
(iii) 10 Then the servant took ten of his master’s camels and all kinds of gifts from his master, got up and went to Aram-Naharayim, to Nachor’s city. 11 Toward evening, when the women go out to draw water, he had the camels kneel down outside the city by the well. 12 He said, “Adonai, God of my master Avraham, please let me succeed today; and show your grace to my master Avraham. 13 Here I am, standing by the spring, as the daughters of the townsfolk come out to draw water. 14 I will say to one of the girls, ‘Please lower your jug, so that I can drink.’ If she answers, ‘Yes, drink; and I will water your camels as well,’ then let her be the one you intend for your servant Yitz’chak. This is how I will know that you have shown grace to my master.”
15 Before he had finished speaking, Rivkah the daughter of B’tu’el son of Milkah the wife of Nachor Avraham’s brother, came out with her jug on her shoulder. 16 The girl was very beautiful, a virgin, never having had sexual relations with any man. She went down to the spring, filled her jug and came up. 17 The servant ran to meet her and said, “Please give me a sip of water from your jug to drink.” 18 “Drink, my lord,” she replied, and immediately lowered her jug onto her arm and let him drink. 19 When she was through letting him drink, she said, “I will also draw water for your camels until they have drunk their fill.” 20 She quickly emptied her jug into the trough, then ran again to the well to draw water, and kept on drawing water for all his camels. 21 The man gazed at her in silence, waiting to find out whether Adonai had made his trip successful or not.
22 When the camels were done drinking, the man took a gold nose-ring weighing one-fifth of an ounce and two gold bracelets weighing four ounces 23 and asked, “Whose daughter are you? Tell me, please. Is there room in your father’s house for us to spend the night?” 24 She answered, “I am the daughter of B’tu’el the son Milkah bore to Nachor,” 25 adding, “We have plenty of straw and fodder, and room for staying overnight.” 26 The man bowed his head and prostrated himself before Adonai. (iv) 27 Then he said, “Blessed be Adonai, God of my master Avraham, who has not abandoned his faithful love for my master; because Adonai has guided me to the house of my master’s kinsmen.” 28 The girl ran off and told her mother’s household what had happened.
29-30 Rivkah had a brother named Lavan. When he saw the nose-ring, and the bracelets on his sister’s wrists besides, and when he heard his sister Rivkah’s report of what the man had said to her, he ran out to the spring and found the man standing there by the camels. 31 “Come on in,” he said, “you whom Adonai has blessed! Why are you standing outside when I have made room in the house and prepared a place for the camels?” 32 So the man went inside, and while the camels were being unloaded and provided straw and fodder, water was brought for him to wash his feet and the feet of the men with him.
33 But when a meal was set before him, he said, “I won’t eat until I say what I have to say.” Lavan said, “Speak.” 34 He said, “I am Avraham’s servant. 35 Adonai has greatly blessed my master, so that he has grown wealthy. He has given him flocks and herds, silver and gold, male and female slaves, camels and donkeys. 36 Sarah my master’s wife bore my master a son when she was old, and he has given him everything he has. 37 My master made me swear, saying, ‘You are not to choose a wife for my son from among the women of the Kena‘ani, among whom I am living; 38 rather, you are to go to my father’s house, to my kinsmen, to choose a wife for my son.’ 39 I said to my master, ‘Suppose the woman isn’t willing to follow me.’ 40 Avraham answered me, ‘Adonai, in whose presence I live, will send his angel with you to make your trip successful; and you are to pick a wife for my son from my kinsmen in my father’s house; 41 this will release you from your obligation under my oath. But if, when you come to my kinsmen, they refuse to give her to you, this too will release you from my oath.’
42 “So today, I came to the spring and said, ‘Adonai, God of my master Avraham, if you are causing my trip to succeed in its purpose, 43 then, here I am, standing by the spring. I will say to one of the girls coming out to draw water, “Let me have a sip of water from your jug.” 44 If she answers, “Yes, drink; and I will water your camels as well,” then let her be the woman you intend for my master’s son.’ 45 And even before I had finished speaking to my heart, there came Rivkah, going out with her jug on her shoulder; she went down to the spring and drew water. When I said to her, ‘Please let me have a drink,’ 46 she immediately lowered the jug from her shoulder and said, ‘Drink, and I will water your camels as well.’ So I drank, and she had the camels drink too.
47 “I asked her, ‘Whose daughter are you?’ and she answered, ‘The daughter of B’tu’el son of Nachor, whom Milkah bore to him.’ Then I put the ring on her nose and the bracelets on her wrists, 48 bowed my head, prostrated myself before Adonai and blessed Adonai, God of my master Avraham, for having led me in the right way to obtain my master’s brother’s [grand]daughter for his son.
49 “So now if you people intend to show grace and truth to my master, tell me. But if not, tell me, so that I can turn elsewhere.”
50 Lavan and B’tu’el replied, “Since this comes from Adonai, we can’t say anything to you either bad or good. 51 Rivkah is here in front of you; take her and go. Let her be your master’s son’s wife, as Adonai has said.” 52 When Avraham’s servant heard what they said, he prostrated himself on the ground to Adonai. (v) 53 Then the servant brought out silver and gold jewelry, together with clothing, and gave them to Rivkah. He also gave valuable gifts to her brother and mother. 54 He and his men then ate and drank and stayed the night.
In the morning they got up; and he said, “Send me off to my master.” 55 Her brother and mother said, “Let the girl stay with us a few days, at least ten. After that, she will go.” 56 He answered them, “Don’t delay me, since Adonai has made my trip successful, but let me go back to my master.” 57 They said, “We will call the girl and see what she says.” 58 They called Rivkah and asked her, “Will you go with this man?” and she replied, “I will.”
59 So they sent their sister Rivkah away, with her nurse, Avraham’s servant and his men. 60 They blessed Rivkah with these words: “Our sister, may you be the mother of millions, and may your descendants possess the cities of those who hate them.” 61 Then Rivkah and her maids mounted the camels and followed the man. So the servant took Rivkah and went on his way.
62 Meanwhile, Yitz’chak, one evening after coming along the road from Be’er-Lachai-Ro’i — he was living in the Negev — 63 went out walking in the field; and as he looked up, he saw camels approaching. 64 Rivkah too looked up; and when she saw Yitz’chak, she quickly dismounted the camel. 65 She said to the servant, “Who is this man walking in the field to meet us?” When the servant replied, “It’s my master,” she took her veil and covered herself.
66 The servant told Yitz’chak everything he had done. 67 Then Yitz’chak brought her into his mother Sarah’s tent and took Rivkah, and she became his wife, and he loved her. Thus was Yitz’chak comforted for the loss of his mother.
25:1 (vi) Avraham took another wife, whose name was K’turah. 2 She bore him Zimran, Yokshan, Medan, Midyan, Yishbak; and Shuach. 3 Yokshan fathered Sh’va and D’dan. The sons of D’dan were Ashurim, L’tushim and L’umim. 4 The sons of Midyan were ‘Eifah, ‘Efer, Hanokh, Avida and Elda‘ah. All these were descendants of K’turah.
5 Avraham gave everything he owned to Yitz’chak. 6 But to the sons of the concubines he made grants while he was still living and sent them off to the east, to the land of Kedem, away from Yitz’chak his son.
7 This is how long Avraham lived: 175 years. 8 Then Avraham breathed his last, dying at a ripe old age, an old man full of years; and he was gathered to his people. 9 Yitz’chak and Yishma‘el his sons buried him in the cave of Makhpelah, in the field of ‘Efron the son of Tzochar the Hitti, by Mamre, 10 the field which Avraham purchased from the sons of Het. Avraham was buried there with Sarah his wife.
11 After Avraham died, God blessed Yitz’chak his son, and Yitz’chak lived near Be’er-Lachai-Ro’i.
(vii) 12 Here is the genealogy of Yishma‘el, Avraham’s son, whom Hagar the Egyptian woman bore to Avraham. 13 These are the names of the sons of Yishma‘el, listed in the order of their birth. The firstborn of Yishma‘el was N’vayot; followed by Kedar, Adbe’el, Mivsam, 14 Mishma, Dumah, Massa, 15 Hadad, Teima, Y’tur, Nafish and Kedmah. (Maftir) 16 These are the sons of Yishma‘el, and these are their names, according to their settlements and camps, twelve tribal rulers.
17 This is how long Yishma‘el lived: 137 years. Then he breathed his last, died and was gathered to his people.
18 Yishma‘el’s sons lived between Havilah and Shur, near Egypt as you go toward Ashur; he settled near all his kinsmen.
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Haftarah: (I Kings 1:1
Today's Laws & Customs:
King David grew old, the years took their toll, and he couldn’t get warm even when they covered him with bedclothes. 2 His servants said to him, “Let us try to find a young virgin for my lord the king. She can wait on the king and be a companion for him, and she can lie next to you, so that my lord the king will get some heat.” 3 After looking through all of Isra’el’s territory for a beautiful girl, they found Avishag the Shunamit and brought her to the king. 4 The girl was very beautiful and became a companion for the king. She took care of him, but the king did not have sexual relations with her.
5 Adoniyah the son of Haggit was beginning to claim that he would be king; to this end he organized chariots and horsemen, with fifty men to run ahead of him. 6 (His father had never in his life confronted him by asking, “Why are you behaving this way?” Moreover, he was a very handsome man; he was born next after Avshalom.) 7 He conferred with Yo’av the son of Tz’ruyah and Evyatar the cohen; and they both supported Adoniyah. 8 But Tzadok the cohen, B’nayah the son of Y’hoyada, Natan the prophet, Shim‘i, Re‘i and David’s elite guard were not on Adoniyah’s side.
9 One day Adoniyah killed sheep, oxen and fattened calves at the Stone of Zochelet, by ‘Ein-Rogel. He summoned all his brothers the king’s sons, and all the men of Y’hudah the king’s servants; 10 but he did not summon Natan the prophet, B’nayah, the elite guard or Shlomo his brother.
11 Natan went to Bat-Sheva the mother of Shlomo and said, “Haven’t you heard that Adoniyah the son of Haggit has become king without the knowledge of David our lord? 12 Now, come, please let me give you advice, so that you can save both your own life and that of your son Shlomo. 13 Go, get in to see King David, and say to him, ‘My lord, king, didn’t you swear to your servant, “Your son Shlomo will be king after me; he will sit on my throne”? So why is Adoniyah king?’ 14 Right then, while you are still talking with the king, I will also come in after you and confirm what you are saying.”
15 Bat-Sheva went in to the king in his room. (The king was very old; Avishag the Shunamit was in attendance on the king.) 16 Bat-Sheva bowed, prostrating herself to the king. The king asked, “What do you want?” 17 She answered him, “My lord, you swore by Adonai your God to your servant, ‘Your son Shlomo will be king after me; he will sit on my throne.’ 18 But now, here is Adoniyah ruling as king; and you, my lord the king, don’t know anything about it. 19 He has killed oxen, fattened calves and sheep in great numbers; and he has summoned all the sons of the king, Evyatar the cohen and Yo’av the commander of the army; but he didn’t summon Shlomo your servant. 20 As for you, my lord the king, all Isra’el is watching you; they are waiting for you to tell them who is to sit on the throne of my lord the king after him. 21 If you don’t, then, when my lord the king sleeps with his ancestors, I and my son Shlomo will be considered criminals.”
22 Right then, while she was still talking with the king, Natan the prophet entered. 23 They told the king, “Natan the prophet is here.” After coming into the king’s presence, he prostrated himself before the king with his face to the ground. 24 Natan said, “My lord king, did you say, ‘Adoniyah is to be king after me; he will sit on my throne’? 25 For he has gone down today and killed oxen, fattened calves and sheep in great numbers; and he has summoned all the king’s sons, the commanders of the army and Evyatar the cohen; right now they are eating and drinking in his presence and proclaiming, ‘Long live King Adoniyah!’ 26 But he didn’t summon me your servant, or Tzadok the cohen, or B’nayah the son of Y’hoyada or your servant Shlomo. 27 Is this authorized by my lord the king without your having told your servant who would sit on the throne of my lord the king after him?”
28 King David answered by saying, “Summon Bat-Sheva to me.” She entered the king’s presence and stood before the king. 29 Then the king swore an oath: “As Adonai lives, who has delivered me from all adversity, 30 as I swore to you by Adonai the God of Isra’el, ‘Your son Shlomo will be king after me; he will sit on my throne in my place,’ so will I do today.” 31 Bat-Sheva bowed with her face to the ground, prostrating herself to the king, and said, “Let my lord King David live forever.”
)• Blessing the New Month
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Kislev, which falls on Thursday and Friday of next week.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon.Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms); The Farbrengen
Daily Study:
Chitas and Rambam for today:
Chumash: Chayei Sarah, 7th Portion Genesis 25:12-25:18 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 25
12Now these are the generations of Ishmael the son of Abraham, whom Hagar the Egyptian, the maidservant of Sarah, bore to Abraham. יבוְאֵ֛לֶּה תֹּֽלְדֹ֥ת יִשְׁמָעֵ֖אל בֶּן־אַבְרָהָ֑ם אֲשֶׁ֨ר יָֽלְדָ֜ה הָגָ֧ר הַמִּצְרִ֛ית שִׁפְחַ֥ת שָׂרָ֖ה לְאַבְרָהָֽם:
13And these are the names of the sons of Ishmael by their names, according to their births: the firstborn of Ishmael was Nebaioth, and Kedar and Adbe'el and Mibsam, יגוְאֵ֗לֶּה שְׁמוֹת֙ בְּנֵ֣י יִשְׁמָעֵ֔אל בִּשְׁמֹתָ֖ם לְתֽוֹלְדֹתָ֑ם בְּכֹ֤ר יִשְׁמָעֵאל֙ נְבָיֹ֔ת וְקֵדָ֥ר וְאַדְבְּאֵ֖ל וּמִבְשָֽׂם:
by their names, according to their births: in the order of their birth, one after the other. בשמותם לתולדותם: סדר לידתן זה אחר זה:
14And Mishma and Dumah and Massa, ידוּמִשְׁמָ֥ע וְדוּמָ֖ה וּמַשָּֽׂא:
15Hadad and Tema, Jetur, Naphish, and Kedmah. טוחֲדַ֣ד וְתֵימָ֔א יְט֥וּר נָפִ֖ישׁ וָקֵֽדְמָה:
16These are the sons of Ishmael, and these are their names in their open cities and in their walled cities, twelve princes to their nations. טזאֵ֣לֶּה הֵ֞ם בְּנֵ֤י יִשְׁמָעֵאל֙ וְאֵ֣לֶּה שְׁמֹתָ֔ם בְּחַצְרֵיהֶ֖ם וּבְטִֽירֹתָ֑ם שְׁנֵֽים־עָשָׂ֥ר נְשִׂיאִ֖ם לְאֻמֹּתָֽם:
in their open cities: [These are] unwalled cities, and the Targum renders: בְּפַצְחֵיהוֹן, for they are מְפֻצָחִים meaning open, as in (Ps. 98:4):“Open [your mouths] (פִּצְחוּ) and sing praises.” בחצריהם: כרכים שאין להם חומה, ותרגומו בפצחיהון, שהם מפוצחים לשון פתיחה, כמו (תהלים צח ד) פצחו ורננו:
17And these are the years of the life of Ishmael: one hundred years and thirty years and seven years; and he expired and died and was gathered to his people. יזוְאֵ֗לֶּה שְׁנֵי֙ חַיֵּ֣י יִשְׁמָעֵ֔אל מְאַ֥ת שָׁנָ֛ה וּשְׁלשִׁ֥ים שָׁנָ֖ה וְשֶׁ֣בַע שָׁנִ֑ים וַיִּגְוַ֣ע וַיָּ֔מָת וַיֵּאָ֖סֶף אֶל־עַמָּֽיו:
And these are the years of the life of Ishmael, etc.: Said Rabbi Chiyya bar Abba: Why were Ishmael’s years counted? In order to trace through them the years of Jacob. From the years of Ishmael we learn that Jacob studied in the academy of Eber for fourteen years after he left his father before arriving to Laban, for when Jacob left his father, Ishmael died, as it is said (below 28:9): “And Esau went to Ishmael, etc.” , as is delineated at the end of [the chapter entitled]“The Megillah is read” (Meg. 16b, 17a). ואלה שני חיי ישמעאל וגו': אמר רבי חייא בר אבא למה נמנו שנותיו של ישמעאל, כדי לייחס בהם שנותיו של יעקב. מן שנותיו של ישמעאל למדנו ששמש יעקב בבית עבר ארבע עשרה שנה כשפירש מאביו קודם שבא אצל לבן, שהרי כשפירש יעקב מאביו מת ישמעאל, שנאמר (להלן כח ט) וילך עשו אל ישמעאל וגו', כמו שמפורש בסוף מגילה נקראת (מגילה יז א):
and he expired: Heb. וַיִגְוַע. [The term] גְוִיעָה is mentioned only regarding the righteous. — [B.B. 16b] ויגוע: לא נאמרה גויעה אלא בצדיקים:
18And they dwelt from Havilah to Shur, which borders on Egypt, going towards Asshur; before all his brothers he dwelt. יחוַיִּשְׁכְּנ֨וּ מֵֽחֲוִילָ֜ה עַד־שׁ֗וּר אֲשֶׁר֙ עַל־פְּנֵ֣י מִצְרַ֔יִם בֹּֽאֲכָ֖ה אַשּׁ֑וּרָה עַל־פְּנֵ֥י כָל־אֶחָ֖יו נָפָֽל:
he dwelt: [נָפָל means] “he dwelt” as in (Jud. 7: 12):“Now the Midianites and the Amalekites and all those of the East dwelt (נֹפְלִים) in the valley.” Here Scripture uses the term נְפִילָה, (falling), whereas there (above 16:12) it states:“And before all his brothers he will dwell (יִשְׁכֹּן) .” Before Abraham died, “he dwelt” ; after Abraham died,“he fell.” - [Gen. Rabbah 62:5] נפל: שכן, כמו (שופטים ז יב) מדין ועמלק וכל בני קדם נופלים בעמק. כאן הוא אומר לשון נפילה, ולהלן הוא אומר על פני כל אחיו ישכון (לעיל טז יב), עד שלא מת אברהם ישכון, משמת אברהם נפל:
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Daily Tehillim: Chapter 119, Verses 1-96
• Hebrew text
• English text
• Verses 1-96
David composed this prominent psalm in alphabetical sequence-eight verses for each letter. Every verse contains one of the following words (referring to different aspects of Torah): Way; Torah; Testimony; Precept; Commandment; Statement (translated here as Word or Promise); Word; Judgement (or Laws); Righteousness; Statute. Replete with morals and prayers, this psalm should be recited daily, as a powerful preparation for the service of God. (In verses beginning with one of the letters of the mnemonic PeReTZ BeN DaMaH, the word "עדותיך" is pronounced "eidvotecha.")
1. Fortunate are those whose way is artless, who walk with the Torah of the Lord.
2. Fortunate are those who keep His testimonies, who seek Him with all their hearts.
3. Indeed, they have not done iniquity; they walk in His ways.
4. You have commanded Your precepts to be observed diligently.
5. My wish is that my ways be directed to keep Your statutes.
6. Then I will not be ashamed, when I behold all Your commandments.
7. I will give thanks to You with uprightness of heart, when I learn Your righteous judgments.
8. I will keep Your statutes; do not utterly forsake me
9. How can a young man keep his way pure? By observing Your word.
10. With all my heart I have sought You; do not let me stray from Your commandments.
11. I have harbored Your word in my heart, that I might not sin against You.
12. Blessed are You, O Lord; teach me Your statutes.
13. With my lips I have declared all the judgments of Your mouth.
14. I have rejoiced in the way of Your testimonies, as I would with all riches.
15. I will speak of Your precepts, and gaze upon Your ways.
16. I will delight in Your statutes; I will not forget Your word.
17. Deal kindly with Your servant, that I may live to keep Your word.
18. Unveil my eyes, that I may behold wonders from Your Torah.
19. I am a sojourner on earth; do not hide Your commandments from me.
20. My soul is crushed with a longing for Your judgments every moment.
21. You have rebuked the accursed scoffers, those who stray from Your commandments.
22. Remove insult and contempt from me, for I have kept Your testimonies.
23. Though princes sat and spoke against me, Your servant speaks of Your statutes.
24. Indeed, Your testimonies are my delight; they are my counsellors.
25. My soul cleaves to the dust; revive me in accordance with Your word.
26. I have spoken of my ways, and You answered me; teach me Your statutes.
27. Make me understand the way of Your precepts, and I will speak of Your wonders.
28. My soul drips away out of grief; sustain me according to Your word.
29. Remove from me the way of falsehood, and graciously endow me with Your Torah.
30. I have chosen the way of faith; Your judgments have I laid before me.
31. I held fast to Your testimonies, O Lord; put me not to shame.
32. I will run on the path of Your commandments, for You will broaden my heart.
33. Teach me, O Lord, the way of Your statutes, and I will keep it to the last.
34. Grant me understanding and I will keep Your Torah; I will observe it with all my heart.
35. Direct me in the path of Your commandments, for that is my desire.
36. Incline my heart to Your testimonies, and not to greed.
37. Avert my eyes from seeing vanity; by Your ways give me life.
38. Fulfill for Your servant Your promise, which brings to the fear of You.
39. Remove my shame which I fear, for Your judgments are good.
40. Behold, I have longed for Your precepts; give me life in Your righteousness.
41. And let Your kindness come to fruition for me, O Lord, Your salvation as You promised.
42. I will offer a retort to those who taunt me, for I trust in Your word.
43. Do not at all remove the word of truth from my mouth, for I hope [to fulfill] Your judgments.
44. I will keep Your Torah continually, for ever and ever.
45. And I will walk in spacious paths, for I seek Your precepts.
46. I will speak of Your testimonies before kings, and I will not be ashamed.
47. And I will delight in Your commandments, which I love.
48. I will lift up my hands to Your commandments, which I love, and I will speak of Your statutes.
49. Remember the word [promised] to Your servant, by which You gave me hope.
50. This is my comfort in my affliction, for Your word has given me life.
51. [Though] the wicked ridicule me severely, I have not strayed from Your Torah.
52. When I remember Your judgments of old, O Lord, I take comfort.
53. Trembling seized me because of the wicked, those who forsake Your Torah.
54. Your statutes have been my songs in the house of my wanderings.
55. At night I remembered Your Name, O Lord, and I kept Your Torah.
56. All this came to me because I kept Your precepts.
57. The Lord is my portion; I pledged to keep Your words.
58. I pleaded before You with all my heart: have compassion upon me according to Your word.
59. I contemplated my ways, and returned my feet to Your testimonies.
60. I hurried and did not delay to keep Your commandments.
61. Bands of wicked men plundered me, [but] I did not forget Your Torah.
62. At midnight, I rise to thank You for Your righteous judgments.
63. I am a friend to all who fear You, and to those who keep Your precepts.
64. Your kindness, O Lord, fills the earth; teach me Your statutes.
65. You have dealt goodness to Your servant, O Lord, in accord with Your promise.
66. Teach me the goodness and wisdom of the [Torah's] reasons, for I believe in Your commandments.
67. Before I afflicted myself, I would blunder; but now I observe Your word.
68. You are good and benevolent; teach me Your statutes.
69. The wicked have smeared me with lies, [when in truth] I keep Your precepts with all my heart.
70. Their hearts grew thick as fat; but as for me, Your Torah is my delight.
71. It is for my good that I was afflicted, so that I might learn Your statutes.
72. The Torah of Your mouth is better for me than thousands in gold and silver.
73. Your hands have made me and prepared me; grant me understanding, that I may learn Your commandments.
74. Those who fear You will see me and rejoice, because I hoped in Your word.
75. I know, O Lord, that Your judgments are just; righteously have You afflicted me.
76. Let Your kindness be my comfort, as You promised to Your servant.
77. Let Your mercies come upon me, that I may live, for Your Torah is my delight.
78. Let the scoffers be shamed, for they have maligned me with falsehood; but I will meditate upon Your precepts.
79. May those who fear You return to me, and those who know Your testimonies.
80. May my heart be perfect in Your statutes, so that I not be shamed.
81. My soul longs for Your salvation; I hope for Your word.
82. My eyes long for Your promise, saying, "When will You comfort me?”
83. Though I became [dried out] like a wineskin in smoke, I did not forget Your statutes.
84. How many are the days of Your servant? When will You execute judgment upon my pursuers?
85. The wicked have dug pits for me, in violation of Your Torah.
86. All Your commandments teach truth, [yet] they pursue me with lies, help me!
87. They nearly consumed me upon the earth, but I did not forsake Your precepts.
88. As befits Your kindness, grant me life, and I will keep the testimony of Your mouth.
89. Forever, O Lord, Your word stands firm in the heavens.
90. Your faithfulness persists for all generations; You established the earth, and it stands.
91. They stand ready today [to execute] Your judgments, for all are Your servants.
92. Had Your Torah not been my delight, I would have perished in my affliction.
93. Never will I forget Your precepts, for through them You have sustained me.
94. I am Yours; save me, for I have sought Your precepts.
95. The wicked hope to destroy me, but I meditate upon Your testimonies.
96. To every goal I have seen a limit, but Your commandment is immensely broad.
---------------------Tanya: Iggeret HaKodesh, Epistle 31
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Today's Tanya Lesson
Iggeret HaKodesh, Epistle 31
Interdependence and brotherly love among Jews strike far deeper than the visible interpersonal plane. Indeed, if they are lacking, the pain is felt by the Shechinah itself, the Divine Presence. For the Divine Presence is the heart of the Jewish people, who themselves constitute the organs. A deep-seated organic disorder that affects the circulatory system, affects the entire body, including even the heart itself.
נודע בשערים
Well known at the gates1
The previous Epistle opened with the phrase, “It is well known...,” because it cited a widely-known statement from theTalmud. Here, however, the Alter Rebbe opens with a more esoteric quotation from the Zohar, which is well known only in more scholarly circles, among those who sit at the city gates, for this was where judges and scholars traditionally used to congregate.
מה שכתוב בתיקונים, דשכינתא איהי מרעא בגלותא, כביכול
is the statement in the Tikkunim2 that the “Shechinah is ailing in the exile,” as it were.
פירוש, על דרך משל: כמו חולי הגוף, המבדיל בין קדש וכו׳
This [anthropomorphism] draws a comparison with a physical ailment, distinguishing, [of course,] between the holy [and the mundane];3 i.e., bearing in mind the utter disparity between a physical ailment and the state metaphorically described as an “ailment” of the Shechinah.
שסיבת החולי והבריאות היא התפשטות והילוך החיות מהלב אל כל האברים
The cause of illness or health lies in the distribution and flow of the life-force from the heart to all the organs,
המלובשת בדם הנפש היוצא מהלב אל כל האברים
[this life-force] being vested in the blood of life which flows from the heart to all the organs;
וסובב סובב הולך הרוח חיים והדם
and the spirit of life and the blood4 circulates all around
תוך תוך כל האברים, על ידי הגידים המובלעים בהם
into all the limbs, through the veins5 that are embedded in them,
וחוזר אל הלב
and returns to the heart.
ואם סיבוב והילוך הרוח חיים הלז הוא כהלכתו תמידי, כסדרו המסודר לו מחיי החיים, ברוך הוא
Now, if the circulation and flow of this spirit of life is always as it should be, in its proper order as arranged for it by the Fountainhead of Life,
אזי האדם בריא בתכלית
then the individual is perfectly healthy.
כי כל האברים מקושרים יחד, ומקבלים חיותם הראוי להם מהלב, על ידי סיבוב הלז
For all the limbs are bound together and receive their appropriate vitality from the heart through this circulation.
אך אם יש איזה קלקול באיזהו מקומן, המונע ומעכב או ממעט סיבוב והילוך הדם עם הרוח חיים המלובש בו
But should there be any disorder in any place, restraining, hindering or reducing the circulation and flow of the blood with the spirit of life vested in it,
אזי נפסק או מתמעט הקשר הלז, המקשר כל האברים אל הלב על ידי סיבוב הלז
then this bond — which connects all the limbs with the heart by means of this circulation — is severed(which would extinguish life), or diminished,
ואזי נופל האדם למשכב וחולי, ה׳ ישמרנו
in which case the individual will fall ill and sick (May G‑d protect us!).
The interconnection of all the organs with the heart, thus also impacts on the heart itself.
וככה ממש, על דרך משל, הנה כל נשמות ישראל נקראים בחינת אברי דשכינתא
Precisely so, metaphorically speaking, all the souls of Israel are regarded as the organs of theShechinah,6
הנקראת בשם לב, כמו שכתוב: צור לבבי, וכמו שכתוב: ושכנתי בתוכם
which is called the “heart”, as it is written,7 “The Rock, My Heart”;8 and as it is written,9 “And I will dwell within them.”
פירוש
The meaning (of this comparison between the Shechinah and the heart that supplies all the organs with blood) is:
כי לשון שכינה הוא, שאור הוי׳ שוכן בעולמות בריאה יצירה עשיה, להחיותם
The10 term Shechinah, deriving as it does from the verb לשכון (“to rest” or “to dwell”), denotes that the light of G‑d abides in the Worlds of Beriah, Yetzirah and Asiyah, in order to endow them with life.
והמשכת חיות זו היא על ידי התלבשות תחלה בנשמות ישראל
This life-force is drawn forth by means of a prior investment in the souls of Israel.
לפי שכל הנבראים, אין ערוך להם אל הבורא יתברך
[This is so] because none of the created beings stand in any comparable relation to the Creator;
דכולא קמיה כלא ממש חשיבין
for11 “all that are before Him are esteemed as truly naught.”
ואי אפשר להם לקבל חיות מאורו ושפעו יתברך
Thus it is impossible for them to receive life-force from His light and effluence,
להיות נבראים מאין ליש, וחיים וקיימים
to become created beings ex nihilo into substantiality, and to be living and subsisting,
כי אם על ידי הנשמות
except by means of the souls.
The Divine light is first drawn down into the Jewish souls, and thereafter into the rest of creation.
The blessings which we recite follow the same order: “...our G‑d, King of the universe.” It is by His first becoming “our G‑d,” whereby the Divine life-force flows into the Jewish people, that He then becomes “King of the universe.”
שעלו במחשבה
[For it is the Jewish souls] that rose in His thought, i.e., their source is in His thought,
וקדמו לבריאת עולמות, שעל ידי בחינת הדבור
and thus preceded the creation of the worlds, which came about through [Divine] Speech.
Mortal thought is internal and personal, inasmuch as it serves the individual himself, whereas speech is external, its purpose being to communicate with others. So, too, Jewish souls derive from the internal aspect of G‑dliness, while the rest of creation derives from the external aspect. And in order that the Divine life-force be drawn down into the worlds, which represent an external level of creation, it must first be drawn into Jewish souls, the internal level of creation.
כמאמר רז״ל: במי נמלך הקב״ה וכו׳
Thus our Sages, of blessed memory, said:12 “With whom did the Holy One, blessed be He, take counsel [concerning the creation of the worlds? — With Jewish souls],”
כנודע במקום אחר
as is known from elsewhere.
Jewish souls are thus so superior to the created worlds that G‑d took counsel with them about the very creation of the worlds.
* * *
The above discussion relates only to the drawing down of Divine vitality from the Shechinah into the created worlds, which parallels the emanation of the spirit of life from the heart and its diffusion throughout the entire body.
The Alter Rebbe will now go on to explain the second aspect of this analogy — how the spirit of life returns to the heart from the other organs. In the analogue likewise, the G‑dly life-force within the worlds pulsates in an ongoing dual dynamic called ratzo vashov (“advance and retreat”): the G‑dly life-force is first drawn downward, from the Shechinah to the worlds, and then it returns to its source, as a result of the Torah study and the spiritual service of created beings.
ונודע בשערים
And it is well known at the gates13
כי כל המשכת החיות וההשפעה מעליונים לתחתונים מהם
that every downflow of [Divine] life-force and [all] effluence from the upper worlds to the worlds which are lower than them,
הן כמו שכתוב בספר יצירה: נעוץ תחלתן בסופן, וסופן בתחלתן
are as stated in the Sefer Yetzirah:14 “Their beginning (i.e., the beginning of the uppermost levels of creation) is wedged in their culmination (i.e., in the nethermost part of the lowest level of creation), and their culmination is wedged in their beginning.”
ובכתבי האריז״ל, מכונה בשם אור ישר ואור חוזר
In the writings of R. Isaac Luria, of blessed memory, this [dual direction] is referred to as Or Yashar(“direct light”) and Or Chozer (“reflected light”), i.e., light reflected upwards from the lower level back to the upper;
וכמו שכתוב: והחיות רצוא ושוב
as it is also written,15 “And the Chayot were advancing and retreating,” first proceeding away from their Source and then retreating to it.
The above verse refers to the holy Chayot (“creatures”) of the Divine Chariot. The Kabbalah explains that this is an allusion to the Divine life-force of all worlds and created beings: it first emanates from its Source and then returns to it. I.e., not only is the Divine life-force drawn from the Shechinah down into creation, but it also returns from created beings back to its original Source.
אשר על כן, על פי הדברים והאמת האלה, אשר אי אפשר לבאר היטב במכתב
Thus, according to these words and this truth, which is impossible to explain properly in writing,
נקראת השכינה בשם לב, והנשמות בשם אברים
the Shechinah is referred to as the “heart”, and the souls as “organs”.
להורות לנו, כי כאשר כל הנשמות דבוקות ומקושרות יחד
This teaches us that when all the souls are attached and bound together,
אזי סיבוב והילוך החיות וההשפעה סובב סובב
the circulation and flow of the life-force and of the effluence from the Shechinah to the worlds and from the worlds back to the Shechinah is continuous,
ונעוץ סופן בתחלתן, לקשר ולחבר כולן להוי׳ אחד, ולדבקה בו יתברך
and “their culmination is wedged in their beginning,” thus binding and joining them all — all the souls, and through them all the worlds — to the One G‑d, so that they will cleave to Him.
וכמו שכתוב: אתם נצבים היום כולכם לפני הוי׳ אלקיכם
Thus it is written,16 “You are standing firm this day, all of you, before the L‑rd your G‑d (Havayah Elokeichem).”
כולכם דייקא, ולפני דייקא
The verse specifies “all of you,” i.e., a situation in which all Jews stand united together. Moreover, it specifies “before”, implying that this togetherness enables all Jews to relate to Divinity at the level at which the Name Havayah precedes and transcends its subsequent self-imposed descent to become Elokeichem, the life-force that empowers souls.
This can take place only when there is a sense of unity between all the levels which the above verse goes on to enumerate:
ראשיכם כו׳ מחוטב עציך כו׳
“Your heads...” (i.e, those with the loftiest souls), “from the hewer of your wood...” (i.e., those of more modest spiritual stature).
The Alter Rebbe elaborates on this unity between unequals in Likkutei Torah, at the beginning of Parshat Nitzavim.
ובזה יובן מאמר רז״ל, כי חורבן בית שני ונפילת ישראל בגלות
This will clarify the teaching of our Sages,17 of blessed memory, that the destruction of the Second Temple and the fall of Israel into exile,
והסתלקות השכינה וירידתה לאדום, בבחינת גלות, כביכול
and the withdrawal of the Shechinah and its descent to Edom, into a state of exile, as it were, for when the Jews are exiled, so too is the Shechinah,18
הכל היה בעון שנאת חנם ופירוד לבבות, רחמנא ליצלן
— all this was because of the sin of groundless hatred [between one Jew and another] and dissension between their hearts (May the Merciful One save us!).
ולכן נקראת חולה, על דרך משל
And this is why [the Shechinah] is referred to metaphorically as ailing (in times of exile, as quoted above).
ומה שכתוב: סומך נופלים ורופא חולים, לשון רבים
As for19 the phrases [in the Amidah], “He supports those who are fallen and heals those who are sick,” in plural form — although reference is being made to the Shechinah,
הם כל האברים וכו׳
this alludes to all the organs....
The plural form includes the souls which are the “organs of the Shechinah,” inasmuch as they are animated by it; they, too, are in ailing health, and they, too, are supported and healed.
| FOOTNOTES | |
| 1. | Note of the Rebbe: “See Metzudat David on Mishlei 31:23.” |
| 2. | Note of the Rebbe: “Tikkunei Zohar 25; see there at length.” |
| 3. | From the Havdalah (Siddur Tehillat HaShem, p. 234), paraphrasing Vayikra 10:10. |
| 4. | Note of the Rebbe: “I.e., ‘and the spirit of life which is vested within [the blood]...,’ as is soon explained.” |
| 5. | The phrase in the current editions (“and the veins”) is emended here according to the Luach HaTikkun of the Rebbe. |
| 6. | Zohar III, 17a. |
| 7. | Tehillim 73:26. |
| 8. | Translated according to Shir HaShirim Rabbah 5:2. |
| 9. | Shmot 25:8. |
| 10. | Note of the Rebbe: “See Tanya, ch. 41; et al.” |
| 11. | Zohar I, 11b. |
| 12. | See Ruth Rabbah, sec. 2; Bereishit Rabbah 8:7. |
| 13. | Note of the Rebbe: “See Metzudat David on Mishlei 31:23.” |
| 14. | 1:7. |
| 15. | Yechezkel 1:14. |
| 16. | Devarim 29:9. |
| 17. | Yoma 9b. |
| 18. | Megillah 29b (as quoted in Ein Yaakov); cf. Tanya, ch. 17. |
| 19. | The phrase in the current editions (“As it is written...”) is emended here to “As for...,” according to the Luach HaTikkun of the Rebbe. The closing statement of the Epistle is thus presented in the classic Rabbinic style of question and answer, whereby a possible difficulty is anticipated and solved. |
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Rambam:
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• Today's Mitzvah
Shabbat, Cheshvan 25, 5776 · November 7, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 180
Punishing False Witnesses
"You shall do to him as he thought to have done to his brother"—Deuteronomy 19:19.
We are commanded to punish false witnesses by sentencing them to the exact punishment they wished to impose upon their innocent fellow. If their testimony was intended to expropriate money, they must pay the amount they wished the other to lose. If their testimony was intended to impose upon the defendant corporeal or capital punishment, they are the ones flogged or put to death.
Full text of this Mitzvah »
Shabbat, Cheshvan 25, 5776 · November 7, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 180
Punishing False Witnesses
"You shall do to him as he thought to have done to his brother"—Deuteronomy 19:19.
We are commanded to punish false witnesses by sentencing them to the exact punishment they wished to impose upon their innocent fellow. If their testimony was intended to expropriate money, they must pay the amount they wished the other to lose. If their testimony was intended to impose upon the defendant corporeal or capital punishment, they are the ones flogged or put to death.
Full text of this Mitzvah »
Punishing False Witnesses
Positive Commandment 180
Translated by Berel Bell
The 180th mitzvah is that we are commanded to punish witnesses who have testified falsely with the same consequence they tried to accomplish with their testimony.
The source of this commandment is G‑d's statement1 (exalted be He), "You must do the same to them as they plotted to do to their brother."
This is the law regarding eidim zom'mim: if their testimony would have resulted in someone losing money, we take that amount from them. If they testified in a case where the defendant would be executed, we kill them with that form of execution. If they testified in a case where the defendant would be lashed, we administer lashes to them.
The details of this mitzvah, the various questions which have been raised regarding it, and how it is proven that the witnesses are zom'mim to be punishable under this law are explained in tractate Makkos.
FOOTNOTES
1.Deut. 19:19.
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• Nedarim - Chapter 4
Halacha 1
Vows taken because of coercion,1 vows taken unintentionally,2 and vows involving exaggerations are permitted,3 as we explained with regard to oaths.4
If men of coercion or customs collectors made him take a vow, saying: "Take a vow to us that meat is forbidden to you if you possess something on which customs duty is due," should he take a vow and say: "Bread, meat, and wine are forbidden to me...", he is permitted [to partake of] all of them5 even though he added to what they asked him [to say].6 Similarly, if they asked him to take a vow [on the condition] that his wife not benefit and he took a vow [on the condition] that his wife, his children, and his brothers not benefit from him, they are all permitted. Similar laws apply in all analogous situations.
Halacha 2
In all vows of this type, he must have the intent at heart for something that is permitted,7 for example, that they be forbidden for him for that day alone or for that hour alone or the like. He may rely on the intent in his heart, since he is being compelled by forces beyond his control.8 Thus at the time he is taking the vow for them, his mouth and his heart are not in concord. [This is required,] as we explained with regard to vows.9
Halacha 3
Similarly, vows of encouragement are permitted.10 What does this imply? One administered a vow to a colleague to eat at his [home] and that colleague took a vow not to eat there, because he did not want to trouble him. Whether he eat or did not eat, they are both exempt.
Similarly, if a merchant took a vow that he would not sell an article for less than a sela and a purchaser took a vow that he would not buy it for more than ashekel,11 if they agree on three dinarim,12 they are both exempt.13 Similar laws apply in all analogous situations. [The rationale is that] neither of them made a definite conclusion in his heart. He took the vow only to encourage his colleague without making a definite conclusion in his heart.14
Halacha 4
What is the source which teaches that it is forbidden for a person to take even these four types of vows which are permitted with the intent of nullifying them? It is written [Numbers 30:3): "He shall not desecrate his word," i.e., he should not make his word an inconsequential matter.
Halacha 5
When a person took a vow and then [changed his mind and] regretted his vow, he may approach a sage and ask for its release. The laws pertaining to the release of vows are the same as those applying to the release of oaths.15 A vow can be released only by a distinguished sage or by three ordinary men in a place where there are no sages.16 The same wording is used to release a vow as is used to release an oath.17 Similarly, all of the other concepts that we explained with regard to oaths apply to vows in the same way as they apply to oaths.
Halacha 6
We do not release a vow until it takes effect, as is the law pertaining to an oath.18
Halacha 7
Just as we may ask for the release of vows involving prohibitions and they are repealed, so, too, may we ask for the release of vows involving consecrated property and they are repealed.19 This applies both to [articles] consecrated for the upkeep of the Temple and [animals] consecrated to [be sacrificed] on the altar. When the holiness of a sacrifice is transferred from one animal to another, that holiness cannot be released.20
Halacha 8
Just as a father or a husband can nullify [a woman's] vows involving prohibitions,21 so, too, they can nullify vows of consecration that resemble vows involving prohibitions.
Halacha 9
Halacha 10
Similar principles apply when one has attached many entities to a single vow, e.g., he took a vow [forbidding] bread and extended it to meat,26 if he asks for release of [the prohibition against] bread and it is granted, the [prohibition against] meat is also released.27 If he asks for release of [the prohibition against] meat and it is granted, the [prohibition against] bread is not released.28
Halacha 11
When a person takes an oath or a vow saying: "I will not benefit from any one of you," if he asks for the release of his vow or oath concerning one of them and the release was granted, they are all released. [The rationale is that] when a vow is released in part, all of its [particulars] are also released.29
When a person says: "I will not benefit from this person, and from this person, and from this person," if [the prohibition against] the first is released, [the prohibitions against] all of them are released.30 If the prohibition against the last is released, that prohibition is released, but the others remain binding. If he said: "I will not benefit from this one; nor from this one; nor from this one," he must ask for a release for each one indidivually.31 Similar laws apply in all analogous situations.32
Halacha 12
When a person took a nazirite vow, a vow to bring a sacrifice, and an oath [forbidding himself from partaking of something], or he took a vow, but does not know concerning which of these he took the vow, one request for release [can release] all of them.33
Halacha 13
Halacha 14
If one says: "This produce is forbidden to me today if I go to this-and-this place tomorrow," he is forbidden to partake of them that day. [This is a] decree lest he go that place tomorrow.36 If he transgressed and partook of it that day and then undertook the journey on the morrow, he is liable for lashes.37 If he did not go, he is not liable for lashes.38
Halacha 15
If one says: "This produce will be forbidden to me tomorrow if I go to this-and-this place today," he is permitted to go that place today and the produce will be forbidden for him tomorrow. Similar laws apply in all analogous situations. [The rationale is that] a person is careful about not violating a prohibition,39 but he is not careful in keeping a condition that will cause a permitted entity to become forbidden.40
Halacha 16
When a person takes a vow to fast for ten days,41 whenever he desires and he was fasting one day and had [to interrupt the fast] for the sake of a mitzvah42 or to honor a person of stature, he may eat and repay [the fast] on another day. [The rationale is that] he did not specify the days [he would fast] when he took the vow initially.43
| FOOTNOTES | |
| 1. |
As explained immediately below.
|
| 2. |
See Chapter 8, Halachah 3.
|
| 3. |
Note, however, Halachah 4.
|
| 4. |
Hilchot Sh'vuot 3:1, 5.
|
| 5. |
Even though he possessed items for which customs duty was due. See Hilchot Sh'vuot 3:2.
|
| 6. |
I.e., one might think that since he was not compelled to mention the other substances, the vow would take effect with regard to them. Hence, the Rambam explains that since he was compelled to take the vow, his additions do not change its status.
|
| 7. |
See Hilchot Sh'vuot 3:3.
|
| 8. |
The Rama (Yoreh De'ah 232:14) emphasizes that the statement he makes may not be a direct contradiction to the intent in his heart. He also emphasizes that the vow may not be broken in a way that the gentile who forced the vow to be taken will be become aware of its violation. For this would lead to the desecration of God's name.
|
| 9. |
See Hilchot Sh'vuot 2:12.
|
| 10. |
The laws of this halachah do not apply with regard to oaths. Since an oath involves the mention of God's name, taking an oath for this purpose would be taking God's name in vain. A vow does not require the mention of God's name. Hence, this is permitted (Radbaz).
|
| 11. |
I.e., two dinarim which are half a sela.
|
| 12. |
The Rama (Yoreh De'ah 232:2) quotes opinions that maintain that each one can fluctuate slightly past the midway point, but may not accept the other's position completely. He also quotes other more lenient views.
|
| 13. |
For neither definitely meant what he said. Taking the vow was just a bargaining technique. See theShulchan Aruch (Yoreh De'ah 232:2) which states that this applies when they continue negotiating after taking the vow. Then it is clear that they were merely bargaining. If, however, they broke off negotiations, the vow is considered binding.
|
| 14. |
Thus it could be said that his heart and his mouth were not in concord (Radbaz).
|
| 15. |
See Hilchot Sh'vuot 6:1.
|
| 16. |
See Hilchot Sh'vuot 6:1.
|
| 17. |
See Hilchot Sh'vuot 6:4.
|
| 18. |
See Hilchot Sh'vuot 6:14.
|
| 19. |
Nevertheless, it is undesirable to do so. One should seek their release only in a pressing situation. See Chapter 13, Halachah 25.
Since ultimately, the person did not desire to make the vow, it is as if the article were consecrated in error. In such an instance, the consecration is not effective (Radbaz, based on Ketubot 78a).
|
| 20. |
The rationale is that the release of vows is based on the principle that after the person changes his mind and regrets having made the vow, it is as if the vow was made in error. Since the transfer of holiness from a sacrificial animal to another animal is binding even if it is done in error (Temurah17a), there is no reason why a release is possible after such a transfer has been effected (Radbaz, Kessef Mishneh). Nevertheless, if one regrets the original consecration, that can be nullified and then, as a matter of course, the animal to which the holiness was transferred will also lose its status (see Mishneh LeMelech).
|
| 21. |
See chs. 11-13.
|
| 22. |
The latter two are bound by the vow taken by the first, as stated in Chapter 3, Halachah 3.
|
| 23. |
For the vows of the latter individuals are dependent on the vow of the first. Once the first vow is nullified, they no longer have any basis on which they can stand.
|
| 24. |
For their vows are not dependent on his.
|
| 25. |
For his vow serves as the basis for theirs.
|
| 26. |
See Chapter 3, Halachah 4.
|
| 27. |
For it is dependent on the prohibition against bread.
|
| 28. |
For it is not dependent on the prohibition against meat.
|
| 29. |
I.e., at the outset, his intent was that the oath or vow include all the individuals in the group, once that intent is no longer valid, it is as if the entire vow or oath was taken in error. Hence, it is no longer binding. The Jerusalem Talmud (Nedarim 1:1) derives this concept from the exegesis ofNumbers 30:3: "He should act according to everything that he uttered from his mouth." Since "everything" he uttered from his mouth need not be fulfilled, nothing must be fulfilled. If part of a vow is nullified, the entire vow is nullified.
|
| 30. |
Since the person said "and" between each one, he made the latter individuals dependent on the first. Nevertheless, in contrast to the first clause, all of the individuals are not considered as being included in the same vow.
|
| 31. |
Since he did not associate them by saying "and," it is considered as if he took a vow concerning each person individually. See also Hilchot Sh'vuot 7:10.
|
| 32. |
See Chapter 8, Halachah 6.
|
| 33. |
They are all considered as one vow. Hence, as in the previous halachah, once a portion of a vow is nullified, the entire vow is nullified. Even if he only has a reason to regret the last portion of the vow, the entire vow is nullified (Radbaz).
|
| 34. |
As the Rambam states in Chapter 7, Halachah 9, initially, it is forbidden for the person to ask such a sage to release his vow, for in this way, he is benefiting from the people of the city. After the fact, however, the vow is released, because retroactively, it is as if the vow were never taken.
|
| 35. |
In this instance, he may initially ask a Jewish sage to have his vow released, for he has no alternative. Only a Jewish sage can release a vow. In the previous instance, by contrast, he can ask a sage from another city to release the vow (Radbaz).
|
| 36. |
And then the vow would take effect retroactively.
|
| 37. |
As mentioned in the notes to Hilchot Sh'vuot 4:16, to be liable for lashes, one must be given a warning. This law indicates that even if the warning was delivered conditionally, the person can be held liable for lashes.
|
| 38. |
Despite the fact that he violated the advice of our Sages, since he did not violate a Scriptural commandment, he is not liable for lashes.
|
| 39. |
Hence, we do not fear that he will partake of the produce on the following day.
|
| 40. |
Therefore, in the previous halachah, he is forbidden to partake of the produce at the outset.
|
| 41. |
I.e., not consecutively.
|
| 42. |
I.e., to participate in a feast celebrating the observance of a mitzvah, e.g., a circumcision or the completion of a Talmudic tractate (Mishnah Berurah 568:9).
|
| 43. |
Since he did not stipulate the day on which he would fast, even though he began fasting on a particular day, he can change his mind and switch the fast to another day.
|
| 44. |
Since he took a vow against eating that day, the fact that he broke his fast does not make it permissible for him to eat afterwards. This applies even if he is willing to fast another day instead. Compare to Hilchot Ta'aniot 1:14. the Shulchan Aruch (Orach Chayim 568:1) quotes the Rambam's ruling. The Rama adds that there are some who accept upon themselves to fast another day to compensate for the fast he did not keep.
|
| 45. |
Nevertheless, since he did not specify a particular day at the time of his vow, once he ate, he may eat on the day he began fasting.
|
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Halacha 1
Lying witnesses are neither executed, given lashes, or required to make financial restitution unless both of them were fit to serve as witnesses and they were both disqualified through hazamah after the judgment was rendered.
If, however, only one of them was disqualified through hazamah, they were both disqualified through hazamah before the judgment was rendered, or after the judgment was rendered, one of them was disqualified because of family connections or because he was unfit to serve as a witness, the witnesses are not punished, even though they are disqualified through hazamah and no longer acceptable to deliver testimony in all matters of Scriptural Law.
Halacha 2
Although according to Talmudic logic one might differ, if the person against whom they testified was executed and then they were disqualified throughhazamah, they are not executed. This is derived from Deuteronomy 19:19: which speaks of: 'what they conspired to do.' Implied is that it was not already done. This rule is part of the Oral Tradition.
If, however, the person against whom they testified was lashed, they are lashed. Similarly, if money was expropriated from one person and given to another, it is returned to its owner and the witnesses are required to pay the penalty.
Halacha 3
The following laws apply if there were three or even 100 witnesses. If the witnesses deliver testimony in court one after the other, each one testifying immediately after his colleague and several of them were disqualified throughhazamah, they do not receive punishment until all of them are disqualified through hazamah.
If, however, the interval between testimonies was greater than the time it takes a student to greet a teacher, the testimonies are divided and the two who were disqualified through hazamah are punished. The two who testified after there was such an interlude between their testimony and that of the first pair are not punished. This applies even though the entire testimony is disqualified because all of the witnesses are considered as one group and when the testimony of part of a group is disqualified, the entire testimony is disqualified.
Halacha 4
When one witness delivers testimony, that testimony is investigated, and the second witness states: 'I also testify like him,' 'Yes, this is what happened,' or the like, they are both executed, lashed, or subjected to a financial penalty if they are both disqualified through hazamah. The rationale is that any witness who says 'Yes, this is what happened' after his colleague testified is considered as having testified and responded to cross-examination as his colleague did.
There is no concept of inadvertent transgression with regard to lying witnesses, because the transgression does not involve a deed. Therefore there is no need for a warning as we explained.
Halacha 5
Just as two witnesses can disqualify 100 witnesses through hazamah if the 100 testify at one time; so, too, they can disqualify them through hazamah if they testify as 50 groups, coming two by two.
What is implied? A group of witnesses testified that Reuven killed Shimon in Jerusalem. Two witnesses came and disqualified that group through hazamah. Another group came and delivered that same testimony, that Reuven killed Shimon in Jerusalem and these same two witnesses arose and disqualified that group through hazamah. This happened a third time and a fourth time. Even if it happens 100 times, all the other witnesses are executed on the basis of the testimony of these two.
Halacha 6
When one group of witnesses testify that Reuven killed Shimon in Jerusalem and a second group come and disqualify the first group through hazamah, the lying witnesses should be executed and Reuven's life saved. If a third group come and disqualify the second group through hazamah, the second group and Reuven should be executed and the lives of the first group saved.
If a fourth group come and disqualify the third group through hazamah, the third and the first groups should be executed and the lives of Reuven and the second group saved. Similarly, even if there are 100 groups, each one disqualifying the testimony of the previous through hazamah, one group's testimony is accepted and the other group's testimony is disqualified.
Halacha 7
When witnesses testify that a person who is trefe murdered a person and then the witnesses are disqualified through hazamah, the witnesses are not executed. The rationale is that even if they had killed him with their hands, they would not be executed, because he is trefe.
Similarly, if witnesses who were trefe testified concerning a matter punishable by execution by the court and were disqualified through hazamah, they are not executed. The rationale is that if their testimony was disqualified throughhazamah, and the testimony of the witnesses who testified against them was disqualified through hazamah, those witnesses would not be executed, for they disqualified only a person who was trefe.
Halacha 8
The following rule applies when witnesses testify against another person and have him convicted in a matter that does not involve lashes, capital punishment, or a financial obligation and then the witnesses are disqualified throughhazamah. They are given lashes even though they did not conspire to have the defendant lashed or to obligate him financially.
What is implied? Witnesses testified that a priest was a challal, e.g., they testified that his mother was divorced or released through chalitzah in their presence in this-and-this place on this-and-this date. If the witnesses are disqualified through hazamah, they are punished by lashing.
Similarly, if they testified that a person inadvertently killed a colleague and they are disqualified through hazamah, they are punished by lashing; they are not exiled. And if they testify that a person's ox killed another person and they were disqualified through hazamah, they receive lashes and are not required to pay an atonement fine. If they testify that a person was sold as a Hebrew servant and they were disqualified through hazamah, they receive lashes. These four rulings are part of the Oral Tradition.
Halacha 9
With regard to the above matters, our Sages received the following tradition: When two people cause a righteous person to be condemned and a wicked person to be vindicated through their testimony and two others come and disqualify their testimony through hazamah vindicating the righteous person and condemning the wicked, the first pair of witnesses receive lashes even though their condemnation of the righteous person would not have had him subjected to lashes.
If, however, witnesses testify that a person partook of milk and meat or woreshaatnez, they are punished by lashes, as implied by Deuteronomy 19:19: 'You shall requite him as he conspired.'
Halacha 10
When two witnesses testify that Reuven committed adultery with the daughter of a priest, Reuven was sentenced to death by strangulation and the daughter of the priest was sentenced to be burnt to death, and afterwards the witnesses were disqualified through hazamah, they should be executed by strangulation and not burnt to death. This is part of the Oral Tradition.
1. If one of them is unacceptable as a witness, their testimony is no loner effective. Hence they are not punished (Kessef Mishneh).
2. The second pair of witnesses states that one, but not the other of the first pair were with them in a different place at the time they claim that the event transpired.
3. For the punishment was prescribed only for a pair of witnesses (Rashi,Makkot 5b).
4. As described in Chapter 13.
5. As described in Chapters 10-12.
6. As stated in Chapter 10, Halachah 4. They are, however, acceptable in matters where leniency is granted with regard to the acceptance of testimony, e.g., testimony concerning the death of a woman's husband.
7. Our translation is based on the gloss of the Kessef Mishneh who states that the fundamental principle the Rambam is trying to convey with this phrase is that capital punishment is not given unless it is explicitly stated in the Torah. A logical proof is not sufficient.
What is the logic here? If a person who conspires to have a person executed should be executed, should not one who actually caused him to be executed.
8. From the Rambam's Commentary to the Mishnah and from the gloss of the Radbaz, it appears that although they are not executed, they should be punished by the court.
9. I.e., what they conspired.
10. I.e., the Torah prescribes punishment only in such a situation.
11. The Ra'avad and the Kessef Mishneh question the Rambam's source for this distinction. The Kessef Mishneh explains that it is possible to say that since judgment is ultimately in God's hands, had the executed party not been guilty, God would not have allowed him to be executed. Hence the lying witnesses need not be punished. Alternatively, he can be explained that the punishments inflicted by the courts are not goals in their own right, but means to bring a person to atonement. It is not fitting to give lying witnesses who had a person executed the opportunity to achieve such atonement. Since lashes is not as severe a punishment, neither of these explanations apply.
12. I.e., the plaintiff is required to return it.
13. For financial penalties are established based on Talmudic logic (Kessef Mishneh).
14. As the Rambam continues to explain, the Hebrew term translated as 'immediately after,' toch kidei dibur, has a specific meaning: The time it takes a student to greet a teacher, saying: Shalom alecha rabbi (Hilchot Sh'vuot 2:17).
15. The Ra'avad questions: Since these witnesses were not disqualified throughhazamah, why would one think that they should be punished? The Radbaz answers that the very fact that they appeared together with lying witnesses implicates them.
The Lechem Mishneh explains that the Rambam's intent is that even if the second pair of witnesses were also disqualified through hazamah, they are not punished. The rationale is that since their testimony was separated from that of the first pair and by the time they testified the defendant could have been executed because of the testimony of the first pair, their testimony is of no consequence. Hence they are not punished.
16. Thus even if there is no difficulty at all with the testimony of the last pair of witnesses, the defendant is not punished. 17. Because they saw the event together and appeared together in court.
18. The rationale for this distinction can be explained as follows: With regard to the disqualification of witnesses, everything is dependent on the testimony of the witnesses in court. Hence if their testimony is separated, they are not considered as a single group. Their classification as a single group, by contrast, depends on their coming to court together. Since they came together with the intent to testify, they are considered as a single group (Radbaz, Kessef Mishneh).
The Ra'avad (and Rashi, in his commentary to Makkot 6a) do not accept the Rambam's approach and maintain that even though the first pair of witnesses should be executed, if the testimony of the second pair is validated, the defendant should also be executed.
19. I.e., he is cross-examined by the court, as explained in Chapter 2.
20. I.e., despite the fact that he did not actually testify, it is considered as if he did as the Rambam proceeds to explain. See also Hilchot Avodat Kochavim 2:8 which states that making such statements is equivalent to actually testifying in court.
21. I.e., they receive punishment even if they committed the transgression without knowing that it was forbidden.
22. The Radbaz explains that Numbers 15:29, the source for the laws of inadvertent transgression mentions 'one who acts inadvertently' (see Hilchot Shegagot 1:2). In this context (in contrast to blasphemy), speaking is not considered as an act. Hence they are not held liable.
Nevertheless, the Radbaz and the Kessef Mishneh offer a different rationale why these witnesses are punished without a warning: They desired to have the defendant punished although he did not receive a warning. Therefore, they should be punished without a warning.
23. See Chapter 18, Halachah 4.
24. For the entire purpose of a warning is to distinguish between a transgression committed willfully and one committed inadvertently (Hilchot Sanhedrin 12:2).
25. See Chapter 18, Halachah 3.
26. We do not say that they are lying and have resolved to testify against anyone who delivers testimony in this matter (Rashi, Makkot 5a).
27. Because the testimony of the second group exonerates him from the onus of the testimony of the first group.
28. The second group should be executed as lying witnesses who sought to have the first group executed. Reuven should be executed, because once the testimony of the second group has been disqualified, the testimony of the first group is then reinstated.
29. Because the disqualification of the second group exonerates them.
30. I.e., he has a physical ailment that will cause him to die within 12 months.
31. Seemingly, through their testimony, they are trying to have the defendant executed. Nevertheless, despite the fact they testify that the person who is trefecommitted a murder, he is not executed. The rationale is that testimony must be able to be disqualified through hazamah. Since it is impossible to punish the witnesses 'as they conspired to do to their brother,' for they conspired to have a sick person executed and they are healthy, the concept of hazamah is not relevant, as stated in Hilchot Rotzeach 2:9.
32. And a person who kills a colleague who is trefe is not liable for execution. For it is as if he killed a dead person (Sanhedrin 78a; Hilchot Rotzeach 2:8).
33. Here also, it would appear that the intent is that since they are seeking to have the person executed, one might think that they should be executed. In fact, however, their testimony is not effective in having the defendant sentenced to death. Since they are trefe, there is no possibility of requiting them 'as they conspired to do to their brother.' For they conspired to have a healthy person executed and they are sick.
Accordingly, the Kessef Mishneh explains that we are speaking about a situation where the court did not recognize that the witnesses were trefe when it accepted their testimony.
34. Thus the punishment is not 'as they conspired to do to their brother.'
35. For the reasons mentioned by the Rambam in the following halachah.
36. I.e., the descendant of a priest who is not considered as a member of the priesthood, because he was conceived in relations forbidden to his father. SeeHilchot Issurei Bi'ah 19:5.
37. Thus making his mother forbidden to his father.
Rabbi Akiva Eiger raises a question, noting that a woman who underwentchalitzah is only forbidden to a priest by Rabbinic decree. Hence the Ramban and others rule that lashes should not be given. Rabbi Akiva Eiger himself states that since the defendant is being disqualified according to Rabbinic decree through the testimony of the witnesses, and by giving that false testimony, they violate a Scriptural commandment, it is appropriate that they be punished by lashing.
38. We do not say that the witnesses should be considered as challalimthemselves. This applies even if the witnesses are priests. Makkot 2b explains this based on Deuteronomy 19:19: 'And you shall requite him as he conspired to do to his brother.' The obligation is to requite him, not to requite his descendants and having him declared a challal would be a punishment against his descendants as well as him.
39. The lying witnesses are not exiled "as they conspired to do to" the defendant. The rationale is that Deuteronomy 19:5 says with regard to a person convicted of inadvertent murder: 'He shall flee to one of these cities.' Makkot, loc. cit., states: ...He,' and not those who conspire against him.'
40. For an atonement fine is not a monetary assessment, but rather a fine designated to bring atonement for the death of the victim. These witnesses do not need that type of atonement, for their ox did not cause death (Rashi,Makkot, loc. cit.; see also Hilchot Nizkei Mammon 10:4-5).
See also the Ketzot HaChoshen 38:2 which explains that even though the witness also caused the ox to be sentenced to death and no benefit to be derived from it. Nevertheless, the witnesses are lashed and not subjected to these penalties. See also the Ramban who differs and maintains that the witnesses are required to make financial restitution and are not lashed.
41. The Nimukei Mahari (based on Makkot, loc. cit.), explains that the intent is that the witnesses testify that the person stole and did not have the money to make restitution for the theft.
42. Although Makkot, loc. cit., outlines how each of these concepts is derived from the exegesis of a verse, since the concepts are not derived through the Thirteen Principles of Biblical Exegesis, the exegesis is considered as only anasmachta. The binding obligation to fulfill these directives stems from the fact that they were transmitted through the Oral Tradition (Radbaz).
43. The Rambam is borrowing the wording of Deuteronomy 25:1-2: 'And they shall validate the righteous and condemn the wicked. If the wicked man is deserving of being beaten...' which continues to speak of the punishment of lashing.
'Condemning the righteous' refers to a situation where lying witnesses caused judgment to be rendered against a righteous person.
44. In this situation, we follow the instructions of the continuation of the verse and punish the person by lashes. Delivering false testimony violates the prohibition 'Do not deliver false testimony against your colleague.' Nevertheless, one might think that since that prohibition does not involve a deed, it is not punishable by lashes. Hence the exegesis of the above verse is necessary. SeeMakkot 4b (Radbaz, Kessef Mishneh).
45. As in the four cases mentioned in the previous halachah.
46. I.e., since the lying witnesses delivered testimony concerning a transgression punishable by lashes, there is no need for a special teaching to instruct us to give them that punishment. They are requited in this manner, because this is what they 'conspired to do to their brother' (Kessef Mishneh).
47. See Hilchot Issurei Bi'ah 3:3 which states that the two parties to this transgression are given different punishments.
48. Sanhedrin 90a derives this from Deuteronomy 19:19 which speaks of requiting a lying witness, 'as he conspired to do to his brother,' his brother and not his sister. This, however, is an asmachta.
Rabbi Akiva Eiger questions what the ruling would be in a situation where the witnesses claim to have given a warning to the woman, but not to the man. He supposes that even in such a situation, they should be executed by strangulation, not burning.
Edut - Chapter 21
Halacha 1
The following rule applies when witnesses testify that so-and-so divorced his wife and did not pay her the money due her by virtue of her ketubah and, afterwards, these witnesses were disqualified through hazamah. Now either today or tomorrow, when the husband divorces his wife, he must pay her the money due her by virtue of her ketubah. Hence we calculate how much a person would pay for the right to collect the money due this woman by virtue of her ketubah in the event she would be widowed or divorced and the witnesses are required to pay this amount.
When calculating this amount, we take into consideration the state of the woman and the amount of her ketubah. If the woman is sick or old or there is peace between her and her husband, the value for which her ketubah will be sold will not be the same if she is young and healthy or there is strife between the couple. For such a woman is more likely to be divorced and less likely to die.
Similarly, the amount to be received for a large ketubah is not the same as for a small ketubah. For example, if her ketubah is for 1000 zuz, it might be sold for 100. If it is for 100, it will not be sold for 10 but for less. These matters are dependent on the estimates of the judges.
Halacha 2
Similar principles apply in the following situation. Witnesses testify with regard to a person, saying that he is obligated to pay so-and-so 1000 zuz in 30 days. The borrower admits the debt, but says that it is not due until five years and 30 days. If the witnesses are disqualified through hazamah, we evaluate how much a person would pay to have 1000 zuz available to him for five years. This is the sum paid to the borrower. Similar laws apply in all analogous situations.
Halacha 3
When witnesses testify that a person's ox gored another ox and afterwards, the witnesses were disqualified through hazamah, they are required to pay half the damages. If the ox is not worth half the damages, they are required to pay only the value of the ox. For the fine of half of the damages must be paid only from the body of the goring ox itself. Therefore if they testified that the ox consumed produce or broke utensils while walking, the witnesses are required to pay the full amount of the loss. Similar laws apply in all analogous situations.
Halacha 4
When witnesses testify that a person knocked out the tooth of his servant and then blinded the servant's eye, if afterwards, the witnesses were disqualified through hazamah, they are required to pay the master the value of the servant and the value of his eye.
A different rule applies if they testified that the master blinded the servant's eye and afterwards knocked out his tooth, the witnesses were disqualified throughhazamah, and it was later discovered that the events occurred in the opposite order, the master knocked out his tooth and afterwards blinded him. The witnesses must pay the worth of the eye to the servant. Similar laws apply in all analogous situations.
Halacha 5
When witnesses who testified that a woman was warned by her husband not to enter into privacy with another man or who testified that she disobeyed the warning and entered into privacy with him are disqualified through hazamah, they are punished by lashes. If one witness comes and testifies that she committed adultery after she was warned and entered into privacy, and that witness was disqualified through hazamah, that witness is required to pay the money due her by virtue of her ketubah.
If there were two witnesses and they served as the witnesses for the warning, that she entered into privacy, and that she committed adultery, should they be disqualified through hazamah, they are required to pay the money due her by virtue of her ketubah; they do not receive lashes. Why are they not executed - they gave testimony with regard to adultery? Because they did not warn the woman.
Halacha 6
If the lying witnesses testified that a person stole and slaughtered or sold the stolen animal, should they be disqualified through hazamah, they are required to pay the entire amount. If two witnesses testify that the person stole and two others that he slaughtered or sold the animal, and both pairs of witnesses are disqualified through hazamah, the first witnesses are required to pay twice the animal's worth, and the second pair, two or three times its worth.
If the second pair alone were disqualified through hazamah, the thief is required to make a double payment to his victim. The later witnesses must pay the remainder of the four and five time payment. If one of the last witnesses is disqualified through hazamah, the entire last testimony is negated. If one of the first witnesses is disqualified through hazamah, the entire testimony is negated. For if there is no theft, slaughtering it or selling the animal does not obligate the person to pay anything.
Halacha 7
When two witnesses testify that a person benefited from the produce of a field for three years and are disqualified through hazamah, they must pay the worth of the field to its owner. If two witnesses testify that a person benefited from the produce of a field for one year, two others testified that he benefited from its produce for a second year, and two others testified that he benefited from its produce for a third year, should they all be disqualified through hazamah, they divide the value of the field among themselves. For although the testimony concerning the establishment of the claimant's right to the field involves three separate testimonies, they are one testimony with regard to disqualification through hazamah.
For this reason, when there are three brothers and one other person, that person may join together with all three of the brothers and testify with regard to one of the years. Although they are three testimonies, they are considered as one testimony with regard to disqualification through hazamah. If they are all disqualified through hazamah, the three brothers must together pay half the value of the field and the person who joined together with each of them must pay the other half of its value.
Halacha 8
Different rules apply when an ox is declared to have a tendency to gore on the basis of the testimony of three groups of witnesses. If the first and the second pair of witnesses are disqualified through hazamah, all of the witnesses are released from liability. If all three sets of witnesses are disqualified, they are all obligated to pay for the entire damages even though half-damages are paid for an ordinary ox.
When does the above apply? When the witnesses are all motioning to each other, or they appear directly after each other, or they know the identity of the owner of the ox, but do not recognize the ox itself. If none of these factors are present, the first and the second group of witnesses are not liable, for they will say: "We came only to obligate him to pay half-damages. We did not know that subsequently another group would come and cause the ox to be deemed as a goring ox."
Halacha 9
The following law applies when two people testified with regard to a "wayward and rebellious son" with regard to the first testimony and two others came afterwards and testified with regard to the second testimony which would cause him to be executed. If they are both disqualified through hazamah, the first group is lashed and not executed. The rationale is that they can say: "We came to have him lashed." The second group, however, is executed, because it is their testimony that causes him to be executed. If the second group consisted of four witnesses: Two said: "In our presence, he stole," and two said: "In our presence, he feasted," should they all be disqualified through hazamah, they are all executed.
If two witnesses testify that a person kidnapped a Jewish person and sold him, and they were disqualified through hazamah, they should be executed by strangulation. If two witnesses testified that a person kidnapped a fellow Jew and another two testified that he sold him, whether the witnesses who testified that he kidnapped or those who testified that he sold were disqualified throughhazamah, either group which is disqualified through hazamah are executed. The rationale is that kidnapping is the beginning of the conviction and condemnation to death of the defendant.
If two witnesses testify that a person sold a fellow Jew and were disqualified through hazamah, but there were no witnesses that he kidnapped him, the witnesses are not liable. The rationale is that even if they were not disqualified through hazamah, the defendant would not have been executed, because he could have excused himself saying: "I sold my servant."
If witnesses who testify to the sale come after the disqualification of the witnesses who testified concerning the kidnapping, they are not executed. This applies even if we see that they are motioning to each other.
Halacha 10
The following laws apply if a person spreads a libelous report about his wife, bringing witnesses that she committed adultery after she had been consecrated. If her father brought witnesses who disqualified the witnesses brought by the husband through hazamah, those witnesses are executed. If the husband brought witnesses who disqualified the witnesses brought by the father through hazamah, those witnesses are executed and are required to make financial restitution to the husband. They are executed, because the witnesses brought by the husband were condemned to death on the basis of their testimony. They must pay a fine, because the husband was held liable to pay a fine because of their testimony. Thus they are obligated to be executed because of this person and obligated financially, because of another person.
Similarly, when two people testify that a person engaged in relations with a consecrated maiden and they are disqualified through hazamah, they are executed and are not required to make a financial payment. If they said: "He engaged in relations with the daughter of so-and-so," and they are disqualified through hazamah, they are executed and are required to pay the fine to her father.
If witnesses testify: "So-and-so sodomized an ox," and they were disqualified byhazamah, they are executed, but not held liable financially. If they said: "the ox belonging to so-and-so," they are executed and required to pay the value of the ox to its owner. Similar laws apply in all analogous situations.
Edut - Chapter 22
Halacha 1
The following rules apply when two groups of witnesses contradict each other. If one witness from one group came together with one witness from the other group and they both delivered testimony concerning another matter, the testimony is of no consequence. For certainly one of them lied, but we do not know which one.
If one of these groups comes alone and gives testimony and the other group comes alone and gives testimony regarding another matter, we accept the testimony of both groups individually.
Halacha 2
Reuven produced two promissory notes against Shimon: one for a maneh and one for 200 zuz. Shimon denied being obligated for either of the promissory notes. The witnesses to one of the promissory notes were one of the groups whose testimonies contradicted each other and the witnesses to the other were the second group. Shimon is required to pay only a maneh, for the bearer of the promissory note has the position of lesser strength. He must take an oath concerning the remainder.
It appears to me that he must take this oath concerning the remainder while holding a sacred article, as is required of a person who admits a portion of the claim lodged against him. For there are two acceptable witnesses who testify concerning a portion of the money which he denied owing entirely. And the statements of his own mouth should not have greater legal power than the testimony of witnesses as we explained.
Halacha 3
Reuven sued Levi, producing a promissory note signed by one of these groups of witnesses. Shimon also sued Levi and produced a promissory note signed by the other group. Although Levi denies both debts, both Reuven and Shimon are given the option of taking an oath and collecting what they claim. The rationale is that certainly one of them has a viable claim against him. The oath required is a Rabbinic institution as is required of a storekeeper who takes an oath to collect a claim supported by his ledger.
Halacha 4
Reuven sued Shimon producing a promissory note signed by one of these groups of witnesses and sued Levi, producing a promissory note signed by the other group. If both defendants deny the debts, we follow the principle: 'A person who seeks to expropriate money from a colleague must prove his claim.' Since Reuven cannot validate either of these legal documents, both the promissory notes are like shards. Both of the defendants are required to take merely a sh'vuat heset and they are released of obligation.
When does the above apply? When the two groups of witnesses come to testify at the same time. Otherwise, whenever a person produces a legal document containing testimony of one of these two groups, he may expropriate property based upon it. Afterwards, if either he or another person produce a legal document with testimony from the other group, it can be used to expropriate property whether from the first borrower or from any other person. The rationale is that it is as if each of the two groups came alone and testified.
Halacha 5
The following rules apply when a person brings witnesses, their testimony is investigated, they were disqualified through hazamah, and then he brought other witnesses concerning the same claim and they were also disqualified through hazamah. Even if he brings 100 groups who are disqualified, if afterwards, he brings other witnesses regarding that same claim and the testimony of these witnesses is found to be accurate, the case is adjudicated on this basis. Even though the plaintiff can be presumed to bring lying witnesses, we do not operate under the presumption that these witnesses are lying.
When, by contrast, there is a legal document concerning which a protest has been sustained, i.e., two witnesses came and said that the plaintiff told them to forge this legal document, we never use that legal document to expropriate property even if the authenticity of the signatures of the witnesses is validated.
It appears to me that if the witnesses to the legal document came and testified concerning their signature, the legal document may be used to expropriate money.
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Hayom Yom:
• English Text | Video Class• Shabbat, Cheshvan 25, 5776 · 07 November 2015
"Today's Day"
Tuesday Chesvan 25* 5704
Torah Lessons: Chumash: Tol'dot, Shlishi with Rashi.
Tehillim: 119, 1-96.
Tanya: XXXII. May the L-rd (p. 591) ...him who seeks it. (p. 593).
Divine Providence leads everyone to his place of residence for the purpose of strengthening yiddishkeit and disseminating Torah.
When you plow and you sow - things will grow.
FOOTNOTES
*.
According to circumstantial evidence cited by the Rebbe of righteous memory (Sefer Hamaamarim 5711, p. 106), this day marks the yahrzeit in 5703 (1942), of Harav HaChassid R. Menachem Mendel Hakohein Horenstein, who was married to Rebbetzin Sheina, daughter of the Previous Rebbe. May G-d avenge his blood.
Also, this day is part of the didan natzach victory, marking the issuance, in 5748 (1987), of a unanimous ruling by a Federal Appeals Court, confirming and strengthening the lower court's decision regarding the s'farim and k'tavim of the Rebbe'im.---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• Shabbat, Cheshvan 25, 5776 · 07 November 2015
"Today's Day"
Tuesday Chesvan 25* 5704
Torah Lessons: Chumash: Tol'dot, Shlishi with Rashi.
Tehillim: 119, 1-96.
Tanya: XXXII. May the L-rd (p. 591) ...him who seeks it. (p. 593).
Divine Providence leads everyone to his place of residence for the purpose of strengthening yiddishkeit and disseminating Torah.
When you plow and you sow - things will grow.
FOOTNOTES
*.
According to circumstantial evidence cited by the Rebbe of righteous memory (Sefer Hamaamarim 5711, p. 106), this day marks the yahrzeit in 5703 (1942), of Harav HaChassid R. Menachem Mendel Hakohein Horenstein, who was married to Rebbetzin Sheina, daughter of the Previous Rebbe. May G-d avenge his blood.
Also, this day is part of the didan natzach victory, marking the issuance, in 5748 (1987), of a unanimous ruling by a Federal Appeals Court, confirming and strengthening the lower court's decision regarding the s'farim and k'tavim of the Rebbe'im.---------------------• 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.
____________________________
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