Today in Jewish History:
• Passing of Maharsha (1631)
Kislev 5 is the yahrtzeit (date of the passing) of Rabbi Shemuel Eliezer Eidel's (1555-1631), known by the acronym "Maharsha". Rabbi Shmuel authored a highly regarded and widely used commentary on the Talmud and its primary commentaries, Rashi and Tosfot.
Daily Quote:
Certain opportunities and potentials are so lofty that they cannot be accessed by the conscious self and they can only come about "by mistake." An example of this is the mitzvah of "shikchah" (Deuteronomy 24:19) which can only be fulfilled by forgetting[The Chassidic Masters]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayeitzei, 3rd Portion Genesis 29:18-30:13 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 29
18And Jacob loved Rachel, and he said, "I will work for you seven years for Rachel, your younger daughter." יחוַיֶּֽאֱהַ֥ב יַֽעֲקֹ֖ב אֶת־רָחֵ֑ל וַיֹּ֗אמֶר אֶֽעֱבָדְךָ֙ שֶׁ֣בַע שָׁנִ֔ים בְּרָחֵ֥ל בִּתְּךָ֖ הַקְּטַנָּֽה:
I will work for you seven years: (Gen. Rabbah 67:10, 70:17) They are the few days of which his mother said, “And you shall dwell with him for a few days.” (27:44 above) You should know that this is so, because it is written: “and they appeared to him like a few days.” (verse 20) אעבדך שבע שנים: הם ימים אחדים שאמרה לו אמו (לעיל כז מד) וישבת עמו ימים אחדים. ותדע שכן הוא, שהרי כתיב (להלן פסוק כ) ויהיו בעיניו כימים אחדים:
for Rachel, your younger daughter: Why were all these signs necessary? Since he (Jacob) knew that he (Laban) was a deceiver, he said to him, “I will work for you for Rachel,” and lest you say [that I meant] another Rachel from the street, Scripture states: “Your daughter.” Now, lest you say, “I will change her name to Leah, and I will name her (Leah) Rachel,” Scripture states: “[your] younger [daughter].” Nevertheless, it did not avail him, for he (Laban) deceived him. — [from Gen. Rabbah 70:17] ברחל בתך הקטנה: כל הסימנים הללו למה, לפי שיודע בו שהוא רמאי אמר לו אעבדך ברחל, ושמא תאמר רחל אחרת מן השוק, תלמוד לומר בתך, ושמא תאמר אחליף ללאה שמה ואקרא שמה רחל, תלמוד לומר הקטנה ואף על פי כן לא הועיל לו שהרי רמהו:
19And Laban said, "It is better that I give her to you than I should give her to another man. Stay with me." יטוַיֹּ֣אמֶר לָבָ֗ן ט֚וֹב תִּתִּ֣י אֹתָ֣הּ לָ֔ךְ מִתִּתִּ֥י אֹתָ֖הּ לְאִ֣ישׁ אַחֵ֑ר שְׁבָ֖ה עִמָּדִֽי:
20So Jacob worked for Rachel seven years, but they appeared to him like a few days because of his love for her. כוַיַּֽעֲבֹ֧ד יַֽעֲקֹ֛ב בְּרָחֵ֖ל שֶׁ֣בַע שָׁנִ֑ים וַיִּֽהְי֤וּ בְעֵינָיו֙ כְּיָמִ֣ים אֲחָדִ֔ים בְּאַֽהֲבָת֖וֹ אֹתָֽהּ:
21And Jacob said to Laban, "Give me my wife, for my days are completed, that I may come to her." כאוַיֹּ֨אמֶר יַֽעֲקֹ֤ב אֶל־לָבָן֙ הָבָ֣ה אֶת־אִשְׁתִּ֔י כִּ֥י מָֽלְא֖וּ יָמָ֑י וְאָב֖וֹאָה אֵלֶֽיהָ:
for my days are completed: [The days] of which my mother told me. Moreover, my days are completed, for I am already eighty-four years old. When will I raise up twelve tribes? This is what he [meant when he] said, “that I may come to her.” Now, isn’t it true that even the most degenerate person would not say this? But he (Jacob) meant [that he intended] to beget generations. — [from Gen. Rabbah 70:18] מלאו ימי: שאמרה לי אמי. ועוד מלאו ימי, שהרי אני בן שמונים וארבע שנה ואימתי אעמיד שנים עשר שבטים, וזהו שאמר ואבואה אליה, והלא קל שבקלים אינו אומר כן, אלא להוליד תולדות אמר כן:
22So Laban gathered all the people of the place, and he made a feast. כבוַיֶּֽאֱסֹ֥ף לָבָ֛ן אֶת־כָּל־אַנְשֵׁ֥י הַמָּק֖וֹם וַיַּ֥עַשׂ מִשְׁתֶּֽה:
23And it came to pass in the evening that Laban took his daughter Leah, and he brought her to him, and he came to her. כגוַיְהִ֣י בָעֶ֔רֶב וַיִּקַּח֙ אֶת־לֵאָ֣ה בִתּ֔וֹ וַיָּבֵ֥א אֹתָ֖הּ אֵלָ֑יו וַיָּבֹ֖א אֵלֶֽיהָ:
24And Laban gave Zilpah his maidservant to his daughter Leah as a maidservant. כדוַיִּתֵּ֤ן לָבָן֙ לָ֔הּ אֶת־זִלְפָּ֖ה שִׁפְחָת֑וֹ לְלֵאָ֥ה בִתּ֖וֹ שִׁפְחָֽה:
25And it came to pass in the morning, and behold she was Leah! So he said to Laban, "What is this that you have done to me? Did I not work with you for Rachel? Why have you deceived me?" כהוַיְהִ֣י בַבֹּ֔קֶר וְהִנֵּה־הִ֖וא לֵאָ֑ה וַיֹּ֣אמֶר אֶל־לָבָ֗ן מַה־זֹּאת֙ עָשִׂ֣יתָ לִּ֔י הֲלֹ֤א בְרָחֵל֨ עָבַ֣דְתִּי עִמָּ֔ךְ וְלָ֖מָּה רִמִּיתָֽנִי:
And it came to pass in the morning, and behold she was Leah: But at night, she was not Leah, because Jacob had given signs to Rachel, but when she saw that they were bringing Leah, she (Rachel) said,“Now, my sister will be put to shame. So she readily transmitted those signs to her.” - [from Meg. 13b] ויהי בבקר והנה היא לאה: אבל בלילה לא היתה לאה, לפי שמסר יעקב לרחל סימנים, וכשראתה רחל שמכניסין לו לאה אמרה עכשיו תכלם אחותי, עמדה ומסרה לה אותן סימנים:
26And Laban said, "It is not done so in our place to give the younger one before the firstborn. כווַיֹּ֣אמֶר לָבָ֔ן לֹא־יֵֽעָשֶׂ֥ה כֵ֖ן בִּמְקוֹמֵ֑נוּ לָתֵ֥ת הַצְּעִירָ֖ה לִפְנֵ֥י הַבְּכִירָֽה:
27Complete the [wedding] week of this one, and we will give you this one too, for the work that you will render me for another seven years." כזמַלֵּ֖א שְׁבֻ֣עַ זֹ֑את וְנִתְּנָ֨ה לְךָ֜ גַּם־אֶת־זֹ֗את בַּֽעֲבֹדָה֙ אֲשֶׁ֣ר תַּֽעֲבֹ֣ד עִמָּדִ֔י ע֖וֹד שֶֽׁבַע־שָׁנִ֥ים אֲחֵרֽוֹת:
Complete the [wedding] week of this one: Heb. שְׁבֻעַ. This is the construct state, because it is vocalized with a chataf (a sheva), [and means] the week of this one, which are the seven days of feasting [celebrated by a newly wedded couple]. [This appears in the] Talmud Yerushalmi , Mo’ed Katan (1:7). It is impossible to say [that it means] really a week [in the absolute state and should be rendered: this week,] because, if so, the “shin” would have to be vowelized with a “patach,” (he means to say a“kamatz” שָׁבֻעַ). Furthermore, שָׁבֻעַ is in the masculine gender, for it is written: (Deut. 16:9)“ You shall count seven weeks (שִׁבְעָה שָׁבֻעֹת) .” Therefore, it does not signify a week but seven [days], septaine in Old French. מלא שבוע זאת: דבוק הוא שהרי נקוד בחטף שבוע של זאת, והן שבעת ימי המשתה בתלמוד ירושלמי במועד קטן (א ז). ואי אפשר לומר שבוע ממש, שאם כן היה צריך לינקד בפתח השין. ועוד ששבוע לשון זכר, כדכתיב (דברים טז ט) שבעה שבועות תספר לך, לפיכך אין משמע שבוע אלא שבעה שייטיינ"א בלע"ז [קבוצה של שבעה]:
and we will give to you: [This is] a plural expression, similar to (above 11;3, 7), “Let us descend and confuse” ; “and let us fire them.” This, too, is an expression of giving. ונתנה לך: לשון רבים, כמו (לעיל יא ז) נרדה ונבלה, (שם ג) ונשרפה, אף זה לשון וניתן:
this one too: immediately after the seven days of feasting, and you will work after her marriage. — [from Pirkei d’Rabbi Eliezer , ch. 36] גם את זאת: [מיד לאחר שבעת ימי המשתה] ותעבוד לאחר נשואיה:
28And Jacob did so, and he completed the week of this one, and he gave his daughter Rachel to him as a wife. כחוַיַּ֤עַשׂ יַֽעֲקֹב֙ כֵּ֔ן וַיְמַלֵּ֖א שְׁבֻ֣עַ זֹ֑את וַיִּתֶּן־ל֛וֹ אֶת־רָחֵ֥ל בִּתּ֖וֹ ל֥וֹ לְאִשָּֽׁה:
29And Laban gave his daughter Rachel his maidservant Bilhah, for a maidservant. כטוַיִּתֵּ֤ן לָבָן֙ לְרָחֵ֣ל בִּתּ֔וֹ אֶת־בִּלְהָ֖ה שִׁפְחָת֑וֹ לָ֖הּ לְשִׁפְחָֽה:
30And he came also to Rachel, and he also loved Rachel more than Leah; and he worked with him yet another seven years. לוַיָּבֹא֙ גַּ֣ם אֶל־רָחֵ֔ל וַיֶּֽאֱהַ֥ב גַּם־אֶת־רָחֵ֖ל מִלֵּאָ֑ה וַיַּֽעֲבֹ֣ד עִמּ֔וֹ ע֖וֹד שֶֽׁבַע־שָׁנִ֥ים אֲחֵרֽוֹת:
yet another seven years: (Gen. Rabbah 70:20) Scripture compares the other ones to the first ones. Just as [he worked for him during] the first ones faithfully, so [did he work for him during] the other ones faithfully, although he (Laban) had dealt with him deceitfully. ויעבוד עמו עוד שבע שנים אחרות: הקישן לראשונות, מה ראשונות באמונה אף האחרונות באמונה, ואף על פי שברמאות בא עליו:
31And the Lord saw that Leah was hated, so He opened her womb; but Rachel was barren. לאוַיַּ֤רְא יְהֹוָה֙ כִּֽי־שְׂנוּאָ֣ה לֵאָ֔ה וַיִּפְתַּ֖ח אֶת־רַחְמָ֑הּ וְרָחֵ֖ל עֲקָרָֽה:
32And Leah conceived and bore a son, and she named him Reuben, for she said, "Because the Lord has seen my affliction, for now my husband will love me." לבוַתַּ֤הַר לֵאָה֙ וַתֵּ֣לֶד בֵּ֔ן וַתִּקְרָ֥א שְׁמ֖וֹ רְאוּבֵ֑ן כִּ֣י אָֽמְרָ֗ה כִּֽי־רָאָ֤ה יְהֹוָה֙ בְּעָנְיִ֔י כִּ֥י עַתָּ֖ה יֶֽאֱהָבַ֥נִי אִישִֽׁי:
and she named him Reuben: (Ber. 7b) Our Sages explained: She said,“Look at the difference between my son and the son of my father-in-law, who sold the birthright to Jacob (above 25:33). This one (Reuben) did not sell it to Joseph, but he nevertheless did not contend against him but sought to take him out of the pit.” ותקרא שמו ראובן: רבותינו פירשו, אמרה ראו מה בין בני לבן חמי שמכר הבכורה ליעקב, וזה לא מכרה ליוסף ולא ערער עליו, ולא עוד שלא ערער עליו אלא שביקש להוציאו מן הבור:
33And she conceived again and bore a son, and she said, "Since the Lord has heard that I am hated, He gave me this one too." So she named him Simeon. לגוַתַּ֣הַר עוֹד֘ וַתֵּ֣לֶד בֵּן֒ וַתֹּ֗אמֶר כִּֽי־שָׁמַ֤ע יְהֹוָה֙ כִּֽי־שְׂנוּאָ֣ה אָנֹ֔כִי וַיִּתֶּן־לִ֖י גַּם־אֶת־זֶ֑ה וַתִּקְרָ֥א שְׁמ֖וֹ שִׁמְעֽוֹן:
34And she conceived again and bore a son, and she said, "Now this time my husband will be attached to me, for I have borne him three sons; therefore, He named him Levi. לדוַתַּ֣הַר עוֹד֘ וַתֵּ֣לֶד בֵּן֒ וַתֹּ֗אמֶר עַתָּ֤ה הַפַּ֨עַם֙ יִלָּוֶ֤ה אִישִׁי֙ אֵלַ֔י כִּֽי־יָלַ֥דְתִּי ל֖וֹ שְׁלשָׁ֣ה בָנִ֑ים עַל־כֵּ֥ן קָֽרָא־שְׁמ֖וֹ לֵוִֽי:
this time my husband will be attached: Heb. יִלָּוֶה. Since the Matriarchs were prophetesses, they knew that twelve tribes would emanate from Jacob, and that he would marry four wives, she said, “From now on, he will find no fault with me for I have contributed my share in (producing) sons.” - [from Bereishith Rabbathi, attributed to Rabbi Moshe Hadarshan, Midrash Aggadah] [I.e., three sons were thought to be each wife’s share of the twelve.] הפעם ילוה אשי: לפי שהאמהות נביאות היו ויודעות ששנים עשר שבטים יוצאים מיעקב וארבע נשים ישא, אמרה מעתה אין לו פתחון פה עלי, שהרי נטלתי כל חלקי בבנים:
therefore: Whoever is referred to with the expression עַל-כֵּן had a large population, except Levi, because the Ark destroyed many of them. — [from Gen. Rabbah 71:4] על כן: כל מי שנאמר בו על כן מרובה באוכלוסין, חוץ מלוי שהארון היה מכלה בהם:
He named him Levi: [I wondered why] it is written concerning this one, “and he named,” while concerning all [the others], it is written, “and she named.” There is an aggadic midrash in Deuteronomy Rabbah, [which relates] how the Holy One, blessed be He, sent Gabriel and he brought him (Levi) before Him, and He gave him this name, and He gave him the twenty-four priestly gifts; and because he accompanied him (לִוָּהוּ) with gifts, he named him Levi. קרא שמו לוי: תמהתי שבכולם כתיב ותקרא, וזה כתב בו קרא, ויש מדרש אגדה באלה הדברים רבה ששלח הקב"ה גבריאל והביאו לפניו וקרא לו שם זה ונתן לו עשרים וארבע מתנות כהונה, ועל שם שלוהו במתנות קראו לוי:
35And she conceived again and bore a son, and she said, "This time, I will thank the Lord! Therefore, she named him Judah, and [then] she stopped bearing. להוַתַּ֨הַר ע֜וֹד וַתֵּ֣לֶד בֵּ֗ן וַתֹּ֨אמֶר֙ הַפַּ֨עַם֙ אוֹדֶ֣ה אֶת־יְהֹוָ֔ה עַל־כֵּ֛ן קָֽרְאָ֥ה שְׁמ֖וֹ יְהוּדָ֑ה וַתַּֽעֲמֹ֖ד מִלֶּֽדֶת:
This time, I will thank: since I have taken more than my share. Consequently, I must offer up thanks. — [from Gen. Rabbah 71:4] הפעם אודה: שנטלתי יותר מחלקי, מעתה יש לי להודות:
Genesis Chapter 30
1And Rachel saw that she had not borne [any children] to Jacob, and Rachel envied her sister, and she said to Jacob, "Give me children, and if not, I am dead." אוַתֵּ֣רֶא רָחֵ֗ל כִּ֣י לֹ֤א יָֽלְדָה֙ לְיַֽעֲקֹ֔ב וַתְּקַנֵּ֥א רָחֵ֖ל בַּֽאֲחֹתָ֑הּ וַתֹּ֤אמֶר אֶל־יַֽעֲקֹב֙ הָֽבָה־לִּ֣י בָנִ֔ים וְאִם־אַ֖יִן מֵתָ֥ה אָנֹֽכִי:
and Rachel envied her sister: She envied her good deeds. She said, “If she had not been more righteous than I, she would not have merited children” (Gen. Rabbah 71:5). ותקנא רחל באחותה: קנאה במעשיה הטובים, אמרה אלולי שצדקה ממני לא זכתה לבנים:
Give me: Did your father [not] do that for your mother? Did he not pray for her?- [from Gen. Rabbah 71:7] הבה לי: וכי כך עשה אביך לאמך, והלא התפלל עליה:
I am dead: From here [we learn] that whoever has no children is counted as dead. — [from Gen. Rabbah 71:6] מתה אנכי: מכאן למי שאין לו בנים שחשוב כמת:
2And Jacob became angry with Rachel, and he said, "Am I instead of God, Who has withheld from you the fruit of the womb?" בוַיִּֽחַר־אַ֥ף יַֽעֲקֹ֖ב בְּרָחֵ֑ל וַיֹּ֗אמֶר הֲתַ֤חַת אֱלֹהִים֙ אָנֹ֔כִי אֲשֶׁר־מָנַ֥ע מִמֵּ֖ךְ פְּרִי־בָֽטֶן:
Am I instead of God: Am I in His place? התחת א-להים אנכי: וכי במקומו אני:
Who has withheld from you: You say that I should do as my father did. I am not like my father. My father had no sons [at the time he prayed], but I have sons. [It is thus apparent that] He has withheld [children] from you, not from me. — [from Gen. Rabbah 71:7] אשר מנע ממך: את אמרת שאעשה כאבא, אני איני כאבא, אבא לא היו לו בנים אני יש לי בנים, ממך מנע ולא ממני:
3So she said, "Here is my maidservant Bilhah; come to her, and she will bear [children] on my knees, so that I, too, will be built up from her." גוַתֹּ֕אמֶר הִנֵּ֛ה אֲמָתִ֥י בִלְהָ֖ה בֹּ֣א אֵלֶ֑יהָ וְתֵלֵד֙ עַל־בִּרְכַּ֔י וְאִבָּנֶ֥ה גַם־אָֽנֹכִ֖י מִמֶּֽנָּה:
on my knees: As the Targum renders: and I will rear [them]. על ברכי: כתרגומו ואנא ארבי:
so that I, too, will be built up: What is [the meaning of] “too” ? She said to him, “Your grandfather Abraham had sons from Hagar; yet he girded his loins (he prayed fervently) on Sarah’s behalf.” He replied, “My grandmother brought her rival into her house.” She said, “If this matter is holding things up (prevents me from having children), here is my maidservant.” - [from Gen. Rabbah 71:7] ואבנה גם אנכי: מהו גם, אמרה לו זקנך אברהם היו לו בנים מהגר, וחגר מתניו כנגד שרה, אמר לה זקנתי הכניסה צרתה לביתה, אמרה לו אם הדבר הזה מעכב, הנה אמתי בלהה:
so that I, too, will be built up from her: like Sarah. — [from Gen. Rabbah 71:7] ואבנה גם אנכי ממנה: כשרה:
4So she gave him her maidservant Bilhah for a wife, and Jacob came to her. דוַתִּתֶּן־ל֛וֹ אֶת־בִּלְהָ֥ה שִׁפְחָתָ֖הּ לְאִשָּׁ֑ה וַיָּבֹ֥א אֵלֶ֖יהָ יַֽעֲקֹֽב:
5And Bilhah conceived, and she bore Jacob a son. הוַתַּ֣הַר בִּלְהָ֔ה וַתֵּ֥לֶד לְיַֽעֲקֹ֖ב בֵּֽן:
6And Rachel said, "God has judged me, and He has also hearkened to my voice and has given me a son"; so she named him Dan. ווַתֹּ֤אמֶר רָחֵל֨ דָּנַ֣נִּי אֱלֹהִ֔ים וְגַם֙ שָׁמַ֣ע בְּקֹלִ֔י וַיִּתֶּן־לִ֖י בֵּ֑ן עַל־כֵּ֛ן קָֽרְאָ֥ה שְׁמ֖וֹ דָּֽן:
God has judged me: He judged me, declared me guilty, and then declared me innocent. — [from Gen. Rabbah 71:7]. דנני א-להים: דנני וחייבני וזכני:
7And Bilhah, Rachel's maidservant, conceived again and bore Jacob a second son. זוַתַּ֣הַר ע֔וֹד וַתֵּ֕לֶד בִּלְהָ֖ה שִׁפְחַ֣ת רָחֵ֑ל בֵּ֥ן שֵׁנִ֖י לְיַֽעֲקֹֽב:
8And Rachel said, "[With] divine bonds I have been joined to my sister; I have also prevailed"; so she named him Naftali. חוַתֹּ֣אמֶר רָחֵ֗ל נַפְתּוּלֵ֨י אֱלֹהִ֧ים | נִפְתַּ֛לְתִּי עִם־אֲחֹתִ֖י גַּם־יָכֹ֑לְתִּי וַתִּקְרָ֥א שְׁמ֖וֹ נַפְתָּלִֽי:
divine bonds: Heb. נַפְתּוּלֵי אֱלֹהִים. Menachem ben Saruk (p. 147) classified it in the grouping of Num. 19:15,“a cover bound (פָּתִיל) .” With bonds from the Omnipresent, I have joined my sister to merit children. But I interpret it as an expression of“perverse and crooked (וּפְתַלְתֹּל).” (Deut. 32:5). I have stubbornly pleaded many tortuous pleas to the Omnipresent to be equal to my sister. נפתולי א-להים: מנחם בן סרוק פירשו במחברת (במדבר יט טו) צמיד פתיל, חבורים, מאת המקום נתחברתי עם אחותי לזכות לבנים. ואני מפרשו לשון (דברים לב ה) עקש ופתלתול, נתעקשתי והפצרתי פצירות ונפתולים הרבה למקום להיות שוה לאחותי:
I have also prevailed: He yielded to my importunities. Onkelos, however, rendered it as an expression of prayer (תְּפִלָּה) : נַפְתּוּלֵי אֱלֹהִים נִפְתַּלְתִּי. Requests beloved to Him were accepted on my behalf, and I was answered like my sister. גם יכלתי: הסכים על ידי. ואונקלוס תרגם לשון תפילה, כמו נפתולי א-להים, נתפללתי בקשות החביבות לפניו, נתקבלתי ונעתרתי כאחותי:
נִפְתַּלְתִּי: means my prayer was accepted. There are many aggadic midrashim that interpret this phrase with the method of notarikon, (i.e., each group of letters represents a word). נפתלתי: נתקבלה תפלתי. ומדרש אגדה יש רבים בלשון נוטריקון:
9When Leah saw that she had stopped bearing [children], she took her maidservant Zilpah, and gave her to Jacob for a wife. טוַתֵּ֣רֶא לֵאָ֔ה כִּ֥י עָֽמְדָ֖ה מִלֶּ֑דֶת וַתִּקַּח֙ אֶת־זִלְפָּ֣ה שִׁפְחָתָ֔הּ וַתִּתֵּ֥ן אֹתָ֛הּ לְיַֽעֲקֹ֖ב לְאִשָּֽׁה:
10And Zilpah, Leah's maidservant, bore Jacob a son. יוַתֵּ֗לֶד זִלְפָּ֛ה שִׁפְחַ֥ת לֵאָ֖ה לְיַֽעֲקֹ֥ב בֵּֽן:
And Zilpah…bore: In the case of all of them (i.e., all Jacob’s wives), conception is mentioned, except for Zilpah, because she was the youngest of them all and so young in years that her pregnancy was not noticed. In order to deceive Jacob, Laban gave her to Leah, so that he would not perceive that they were bringing in Leah, for this was their custom, to give the older maidservant to the older [daughter] and the younger [maidservant] to the younger [daughter]. — [from Gen. Rabbah 71: 9] ותלד זלפה: בכולן נאמר הריון חוץ מזלפה לפי שהיתה בחורה מכולן ותינוקת בשנים ואין הריון ניכר בה, וכדי לרמות ליעקב נתנה לבן ללאה שלא יבין שמכניסין לו את לאה, שכך מנהג ליתן שפחה גדולה לגדולה וקטנה לקטנה:
11And Leah said, "Luck has come"; so she named him Gad. יאוַתֹּ֥אמֶר לֵאָ֖ה בָּ֣א גָ֑ד (כתיב בגד) וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ גָּֽד:
“Luck has come”: Heb. בָּא גָּד. Good luck has come [Targum Jonathan ben Uzziel] similar to (Shab. 67b)“ May my fate be lucky (גָד גַדִּי) and not fatigued,” and similar to this (Isa. 65:11), “who set a table for Gad.” According to the Aggadah [Midrash Aggadah in the name of“some say”], he was born circumcised גָּד, meaning “cut off”), like Dan. 4:11,“cut down (גֹּדוּ) the tree,” but I do not know why it is written as one word (בָּגָד) [in our verse]. Another explanation: Why is it read as one word? בָּגָד is like בָּגַדְתּ ָבִּי, you betrayed me when you came to my handmaid, as a man who has betrayed (בָּגַד) the wife of his youth. בא גד: בא מזל טוב, כמו (שבת סז ב) גד גדי וסנוק לא, ודומה לו (ישעיה סה יא) העורכים לגד שלחן. ומדרש אגדה שנולד מהול, כמו (דניאל ד כ) גדו אילנא, ולא ידעתי על מה נכתבה תיבה אחת. דבר אחר למה נקראת תיבה אחת בגד, כמו בגדת בי כשבאת אל שפחתי, כאיש שבגד באשת נעורים:
12And Zilpah, Leah's maidservant, bore Jacob a second son. יבוַתֵּ֗לֶד זִלְפָּה֙ שִׁפְחַ֣ת לֵאָ֔ה בֵּ֥ן שֵׁנִ֖י לְיַֽעֲקֹֽב:
13And Leah said, "Because of my good fortune, for women have declared me fortunate"; so she named him Asher. יגוַתֹּ֣אמֶר לֵאָ֔ה בְּאָשְׁרִ֕י כִּ֥י אִשְּׁר֖וּנִי בָּנ֑וֹת וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ אָשֵֽׁר:
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Daily Tehillim: Chapters 29 - 34
• Hebrew text
• English text•
• Hebrew text
• English text•
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Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya• English Text
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download• Video Class• Tuesday, Kislev 5, 5776 · November 17, 2015
• Audio Class: Listen | Download• Video Class• Tuesday, Kislev 5, 5776 · November 17, 2015
Today's Tanya Lesson
Kuntres Acharon, middle of Essay 4
The performance of mitzvot, however, as the Alter Rebbe will now explain, connects a Jew with the essence of Divinity. When he holds an etrog together with the other three kinds of vegetation and fulfills the mitzvah of the “Four Species” on Sukkot, he is holding on to the essence of Divinity. And so too with regard to all the practical mitzvot.
מה שאין כן מעשה המצות, מעשה אלקים המה הנה
But as to the performance of mitzvot, these are the works of G‑d, unlike other worldly actions, from which Divinity is utterly concealed. The Alter Rebbe now explains how this comes about:
בדרך השתלשלות מכלים דאצילות לבריאה יצירה עשיה, ממהותן ועצמותן דחיצוניותן
In the process of the chain of descent from the vessels of Atzilut to Beriah, Yetzirah and Asiyah, for the vessels of Atzilut that descend into these worlds are the Divinity of these worlds, from the very nature and essence of their external aspect —
כמו, על דרך משל, אתרוג ומיניו
as, for example, within the etrog and its “kinds” —
הלביש בהן הקב״ה ממהותן ועצמותן דחסדים [פנימית] [פנימים] דז״א
the Holy One, blessed be He, clothed something of the very nature and essence of the [1internal] attributes of Kindness of Za,
והיינו מבחינת חיצוניותן
meaning from their outward state, from the external aspect of these internal attributes,
כנודע בכל מצות מעשיות
as is known in the case of all mitzvot requiring action.
מה שאין כן האדם
Man, by contrast, who by means of his intellect or spiritual emotions can attain intellectually-generated love and fear,
אפילו יש לו נשמה דאצילות
even if he possesses a soul of Atzilut,
מאחר שמלובשת בגוף
yet since it is clothed in a body,
לא יוכל למצוא בנפשו ולהשיג מהותן ועצמותן של פנימית החסדים דז״א דאצילות
cannot detect and apprehend through2 his soul the nature and essence of the inward attributes of Kindness of Za of Atzilut.
(כי האצילות היא בחינת חיה בכללות העולמות, אצילות בריאה יצירה עשיה
(3For in general terms Atzilut represents the state of Chayah in the Four Worlds of Atzilut, Beriah,Yetzirah and Asiyah,
Specifically, each of the Four Worlds possesses all four soullevels of Nefesh, Ruach, Neshamah and Chayah. In a general sense, however, each of these Four Worlds corresponds to one of these levels. Asiyah corresponds to Nefesh; Yetzirah — toRuach; Beriah — to Neshamah; and Atzilut corresponds to Chayah.
שהיא בחינת מקיף מלמעלה, ואינה מתלבשת בכלי כלל)
and [Chayah] denotes encompassing transcendence, not being vested within any vessel whatever.)
Unlike the soul-level in man called Neshamah, which reflects his power of comprehension, or Ruach, which reflects his spiritual emotions, and so on, each of these soul-levels having their specific “location” within the body, Chayah is a transcendent soul-level that encompasses the individual from above.
So, too, with regard to the worlds, Chayah (paralleled by the World of Atzilut) is the spiritual level that encompasses from above and does not vest itself at all within a vessel. Thus, a person living within a body cannot possibly apprehend the essence of an entity at the level of Atzilut.
כי אם מציאותן, על ידי דחילו ורחימו שכליים
[With regard to the internal attributes of Kindness of Za, man is able to apprehend] only their existence, through intellectually-generated awe and love.
ומה שכתוב: וראית את אחורי, הוא בדרך נבואה דוקא
As to the statement,4 “You shall see my hinderpart” — and seeing penetrates to the essence of a matter — this refers only to prophecy.
(שהוא התפשטות הגשמיות, כמו שכתוב ברעיא מהימנא, פרשת משפטים)
(5For prophecy entails divestment of the physical,6 as explained in Ra’aya Mehemna, Parshat Mishpatim.7)
Thus, Moses’ apprehension of the essence of Divinity resulted from a state of prophecy that entails divestment from the physical. Through other, non-prophetic means, it is impossible for the soul to apprehend the essence of any of the levels ofAtzilut.
והטעם, היינו לפי שאי אפשר לנברא להשיג כלום במהות האלקות, שהוא הבורא
This, then, is the reason: No created being is capable of grasping anything whatsoever of the essence of Divinity, the Creator.
ובלי השגה, אין זו הלבשה ותפיסא ודביקות אמיתית
And without comprehension there is no real investiture, or grasping, or cleaving.
Man is thus incapable of truly cleaving to G‑d’s attributes, i.e., the attributes of Atzilut.
In light of the above it is clear that the love and fear of G‑d that a Jew generates through meditation during prayer, grasps and cleaves to no more than the external aspect of the existence of Divinity, and not His essence.
מה שאין כן האתרוג, על דרך משל, חיותו נמשכה ונשתלשלה ממהות חיצוניות דכלים דנוקבא דז״א דאצילות
However, as to the etrog by way of example, its life is drawn and descends from the very essence of the outer aspect of the vessels of nukva of Za of Atzilut,
שהוא בחינת אלקות
which is truly a state of Divinity,
כמו שכתוב בעץ חיים, שכל הפירות הן באצילות
as stated in Etz Chayim,8 that all the fruits are [rooted] in Atzilut.
כי למ״ד כלים דאצילות ירדו לבריאה יצירה עשיה
For the thirty vessels of Atzilut descended into Beriah, Yetzirah and Asiyah in order to become the Divinity of those Worlds
(והן יו״ד מאמרות שבהן נברא העולם
על ידי התלבשות בנוקבא דעשיה, מהות במהות)
through enclothement in nukva of Asiyah, essence in essence).11
The essence of the vessels of Malchut of Atzilut vests itself in the essence of Malchut of Asiyah, which is the source of all created beings of that world. Included among them are the fruits of that world, such as the etrog.
While the G‑dliness found in other physical matters is concealed, in an object used for a mitzvah it is manifest, as explained in Tanya, ch. 23.
כי הכלים דאצילות נעשו נשמה בעשיה, שהיא בחינת אלקות ממש
For the vessels of Atzilut became the soul of Asiyah, which is actually a state of Divinity.
לפי שבאצילות, איהו וגרמוהי חד, המאציל והנאצל
For in Atzilut12 “He and His vessels are one” — the Emanator (the infinite light) and the emanation (the vessels of Atzilut).
ועל ידי התלבשות מהות הנשמה במהות הכלים דנוקבא דעשיה, נתהוה האתרוג
And through the enclothement of the essence of the soul [of the vessels of Atzilut] in the essence of the vessels of nukva (i.e., Malchut) of Asiyah, the etrog came into being.
נמצא כשתופס האתרוג ומנענעו כהלכתו
The result is that in holding the etrog and waving it as the law requires,
הרי זה תופס ממש חיותו המלובש בו מנוקבא דאצילות
one is actually holding the life-force which is clothed within it and which derives from the nukva (i.e.,Malchut) of Atzilut,
המיוחדת באור אין סוף, המאציל ברוך הוא
and [Malchut] is united with the [infinite] Ein Sof-light, the Emanator of Atzilut, blessed be He.
But is this not also the case when one holds any other fruit, where no mitzvah is involved?
The answer is, as previously explained, that in other physical objects the G‑dly life-force is concealed, whereas it is revealed in objects used for a mitzvah, for these are the “works of G‑d.”
מה שאין כן בכוונתו
This is not the case concerning one’s intention while performing the mitzvah of the etrog.
אינו משיג ותופס, אף היודע הסוד, אלא מציאותה ולא מהותה
Here, even if he is familiar with the mystical [Kabbalistic and chassidic] meanings involved, he does not grasp and hold on to the essence (of Malchut of Atzilut, the source of the etrog), but only to the external fact of its mere existence.
This is entirely unlike holding a physical etrog and performing the mitzvah with it, at which time one grasps the essence of the physical etrog together with its source in Divinity.
אך בלימוד הלכות אתרוג, משיג ותופס האתרוג ממש ומצותו כהלכה, בבחינת דבור ומחשבה
However, by studying the laws of the etrog one does attain and grasp the etrog proper and its mitzvahappropriately, by speech and thought.
For here he is articulating or understanding or thinking about the laws of the physical etrog, whose essence he can grasp, and not its spiritual intent in the heavenly realms.
וכל שכן, הלומד הסוד
Even more so, he who studies the esoteric dimension of the mitzvah of the etrog according to the teachings of the Kabbalah and Chassidut.
For here, too, we are speaking of the esoteric dimension of the physical etrog, whose essence he can comprehend, and not of the spiritual intentions of the mitzvah or, yet higher, the relevant configurations of Sefirot in the World of Atzilut.
* * *
אבל דוקא סודות המצוה
This, however, refers only to [the study of] the Kabbalistic mysteries of the mitzvah itself,
דלא גרע מלימוד הלכותיה, ואדרבה כו׳
for this is not inferior to the study of its laws; indeed, quite the contrary...,
אף שאינו משיג המהות
even though he does not apprehend the essence of the spiritual intent of the mitzvah as it applies to the visages ofAtzilut.
Moreover, his understanding of the essence of the etrog, the object with which the mitzvah is observed, grants him some comprehension of the essence of the mystical reaches of the subject at large.
| FOOTNOTES | |
| 1. | The brackets are in the original text. |
| 2. | The Rebbe explains that here the prefix ב in בנפשו does not mean “in his soul,” but “through his soul” (as in the verse, ויקח בידו — “He took by means of his hand”). |
| 3. | The parentheses are in the original text. |
| 4. | Shmot 33:22. |
| 5. | The parentheses are in the original text. |
| 6. | Note of the Rebbe: “Cf. the Alter Rebbe’s Shulchan Aruch, Orach Chayim, beginning of sec. 98; Hilchot Talmud Torah4:9.” |
| 7. | Note of the Rebbe: “Possibly the intent is p. 116b ff.” |
| 8. | Note of the Rebbe: “At its conclusion. This requires some examination, for there the text makes a point of enumeratingseven [species].” |
| 9. | The parentheses are in the original text. |
| 10. | Avot 5:1. |
| 11. | The closing parenthesis has been relocated according to the Table of Glosses and Emendations. |
| 12. | See Iggeret HaKodesh, beginning of Epistle 20 (above). |
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• Today's Mitzvah
Tuesday, Kislev 5, 5776 · November 17, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 46
Settling in Egypt
"You shall never again return that way"—Deuteronomy 17:16.
We are forbidden from dwelling in the land of Egypt, so that we do not learn their heretical ways nor their depraved lifestyle that the Torah decries. Alexandria, too, is part of the boundaries of Egypt that we may not live in. From the Sea of Alexandria we measure 400 parsah [a parsah is approximately four kilometers] to the length and breadth—and that is the boundary of the Land of Egypt that we may not dwell in.
The prohibition only applies to settling in Egypt. It is, however, permitted to travel to Egypt for business purposes, or to annex [parts of it to Israel].
Full text of this Mitzvah »
Positive Commandment 190
Proposing Peace before Waging War
"They shall be your subjects and shall serve you"—Deuteronomy 20:11.
When embarking upon an "optional war" [for the sake of expanding the borders of Israel, as opposed to the "mitzvah wars" waged against Amalek and the Seven Canaanite Nations], we are commanded to first offer the opponent a peace settlement. If the opponent accepts the terms of the peace proposal – i.e., the nation accepts upon itself Jewish sovereignty and agrees to pay an annual tax to the Jewish monarch – then we do not wage battle against them.
If they do not accept the terms of the peace proposal, then we go to battle and kill the male population, and the women and property are taken as spoils.
[With regards to "mitzvah wars," we also first offer a peace proposal, but in the event that the enemy doesn't accept the terms, then the entire population – male and female – are not allowed to live.]
Full text of this Mitzvah »
Negative Commandment 56
Offering Peace to Amon or Moab
"You must not seek their peace or prosperity"—Deuteronomy 23:7.
Normally, when embarking upon a battle, we are commanded to first offer the enemy terms for a peace proposal (see Positive Commandment 190). Not so with the nations of Amon and Moab, whom we may not offer a peace proposal. [Though if they, of their own volition, offer to make peace, we do accept their proposal—provided it meets the conditions outlined in the positive commandment referenced above.]
Full text of this Mitzvah »
Negative Commandment 57
Wanton Destruction
"You shall not destroy its trees"—Deuteronomy 20:19.
In the course of battle, while besieging an enemy city, it is forbidden to cut down fruit-bearing trees in order to cause distress and pain to the city's inhabitants.
Included in this mitzvah is the prohibition against any wanton destruction; for example, cutting down a fruit-bearing tree [even not in time of battle], or needlessly burning a garment or breaking a utensil.
Full text of this Mitzvah »
Positive Commandment 192
Hygiene in the Army Camp
"You shall have a designated place outside the camp"—Deuteronomy 23:13.
When going out to war, we are commanded to designate a place outside the army encampment where the soldiers can relieve themselves; so that they do not relieve themselves wherever they wish or between the tents, as is the practice amongst the nations.
Full text of this Mitzvah »
Positive Commandment 193
Hygiene Equipment for Soldiers
"And you shall have a spade among your weapons"—Deuteronomy 23:14.
Together with all the other weaponry each soldier carries around, he should also be equipped with a spade, so that when he needs to relieve himself he can dig a small hole, relieve himself there, and then cover up his defecation—so that there remains no exposed excrement on the grounds of the battle camp.
Full text of this Mitzvah »
Tuesday, Kislev 5, 5776 · November 17, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 46
Settling in Egypt
"You shall never again return that way"—Deuteronomy 17:16.
We are forbidden from dwelling in the land of Egypt, so that we do not learn their heretical ways nor their depraved lifestyle that the Torah decries. Alexandria, too, is part of the boundaries of Egypt that we may not live in. From the Sea of Alexandria we measure 400 parsah [a parsah is approximately four kilometers] to the length and breadth—and that is the boundary of the Land of Egypt that we may not dwell in.
The prohibition only applies to settling in Egypt. It is, however, permitted to travel to Egypt for business purposes, or to annex [parts of it to Israel].
Full text of this Mitzvah »
Settling in Egypt
Negative Commandment 46
Translated by Berel Bell
The 46th prohibition is that we are forever forbidden from living in the land of Egypt. [The purpose of this prohibition is] so that we should not learn from their heresy and not come to imitate their behavior, which the Torah considers wicked.
The source of this prohibition is G‑d's statement1 (exalted be He), "[The king must not accumulate many horses, so as not to bring the people back to Egypt to get more horses, and G‑d told you] you must never again return on that path."
This prohibition is repeated three times in the Torah, as our Sages said,2 "The Torah repeats the prohibition against returning to Egypt three times; on three occasions they returned; and three times they were punished." Of the three times mentioned in the Torah, the first is the verse mentioned above. The second is G‑d's statement,3 "[G‑d will bring you back to Egypt in ships,] along the way that I told you not to ever see again." And the third is G‑d's statement,4 "You are seeing the Egyptians today, but you shall not see them again." Although the plain meaning of Scripture is that it is notification,5 the Oral Tradition tells us that it is actually a prohibition.
It is explained in the end of tractate Sukkah6 that Alexandria is included in the area in which it is forbidden to settle. From the Sea of Alexandria one measures 400 parsah in length and 400 parsah in width, and that area constitutes the "land of Egypt" in which it is forbidden to settle.
However, one may go there in order to do business or to pass through to another land. The Jerusalem Talmud7 says clearly, "You may not return there to live, but may return there to do business and trade or to conquer [another8] land."
FOOTNOTES
1.Deut. 17:16.
2.Yerushalmi, Sukkah, 4:1.
3.Deut. 28:68
4.Ex. 14:13.
5.I.e. not a command prohibiting return to Egypt, but rather a notification and prediction that in fact they will not return to Egypt. Therefore, the plain meaning of Scripture implies that this should not be counted as a mitzvah.
6.51b.
7.Sanhedrin, end of Ch. 10.
8.See Hilchos Melachim 5:8, where the Rambam adds that if a Jewish king, upon obtaining approval from the Sanhedrin, would conquer Egypt, this prohibition would not apply.
--------------------------------------Positive Commandment 190
Proposing Peace before Waging War
"They shall be your subjects and shall serve you"—Deuteronomy 20:11.
When embarking upon an "optional war" [for the sake of expanding the borders of Israel, as opposed to the "mitzvah wars" waged against Amalek and the Seven Canaanite Nations], we are commanded to first offer the opponent a peace settlement. If the opponent accepts the terms of the peace proposal – i.e., the nation accepts upon itself Jewish sovereignty and agrees to pay an annual tax to the Jewish monarch – then we do not wage battle against them.
If they do not accept the terms of the peace proposal, then we go to battle and kill the male population, and the women and property are taken as spoils.
[With regards to "mitzvah wars," we also first offer a peace proposal, but in the event that the enemy doesn't accept the terms, then the entire population – male and female – are not allowed to live.]
Full text of this Mitzvah »
Proposing Peace before Waging War
Positive Commandment 190
Translated by Berel Bell
The 190th mitzvah is that we are commanded regarding the way1 to wage war against other nations [besides Amalek and the seven nations]. Such a war is called a milchemes reshus2 [optional war]. We are commanded that in the event of war, we should offer to make peace with them only as far as not killing them. If they surrender and give us the land, we then place upon them duty and servitude.3
The source of this commandment is G‑d's statement4 (exalted be He), "[When you approach a city to wage war against it, you must propose a peaceful settlement. If the city responds peacefully and opens its gates to you,] all the people inside shall pay you duty and serve you."
The Sifri5 says, "If they [the enemy] say, 'We accept duty but not servitude,' or 'servitude but not duty,' we do not accept; only when they accept both." [The "duty"6 is] to pay a fixed amount every year, as set by the king of that time, and the "servitude" is to obey all commands and to be constantly in fear and humbled.
But if they do not surrender, we are commanded to kill all male inhabitants of the city, both high and low in status,7 and to capture all the booty and the women. This is commanded in G‑d's statement8 (exalted be He), "If they reject your peace offer [...you shall strike down its males by the sword. However, the women, children, animals and all the goods in the city, you shall take as your spoils]." All these laws are included under the commandment of milchemes reshus.
The details of this mitzvah are explained in the second chapter of tractate Sanhedrin9 and the eighth chapter of tractate Sotah.10
FOOTNOTES
1.See Kapach, 5731, footnote 65.
2.Such a war is waged in order to acquire additional land or to increase the fame and power of the king. This is in distinction to a milchemes mitzvah, which is obligatory, for protection.
3.The "duty" (mas) is to be prepared to work and give money for the needs of the king. The "servitude" is to always be humbled under Jewish control. See Hilchos Melachim 6:1.
4.Deut. 20:11.
5.Ibid.
6.See footnote above from Mishneh Torah.
7.See Kapach, 5731, footnote 68, who translates katan v'gadol (literally, "small and big") in this way (rather than "young and old") because in Hilchos Melachim 6:4, the Rambam rules that male children are not killed, but taken captive.
8.Deut. 20:12-14.
9.20b.
10.44b.
-------------------------------------Negative Commandment 56
Offering Peace to Amon or Moab
"You must not seek their peace or prosperity"—Deuteronomy 23:7.
Normally, when embarking upon a battle, we are commanded to first offer the enemy terms for a peace proposal (see Positive Commandment 190). Not so with the nations of Amon and Moab, whom we may not offer a peace proposal. [Though if they, of their own volition, offer to make peace, we do accept their proposal—provided it meets the conditions outlined in the positive commandment referenced above.]
Full text of this Mitzvah »
Offering Peace to Amon or Moab
Negative Commandment 56
Translated by Berel Bell
The 56th prohibition is that we are forbidden from ever offering peace to the nations of Ammon or Moav. This ["offering peace"] refers to G‑d's command that before attacking any cities, we should first offer its inhabitants to give in and surrender to us. If they surrender the city, we are prohibited from attacking and killing them, as explained in Positive Commandment 190. The exceptions are Ammon and Moav, to who we may not make this offer. G‑d prohibited us from offering the option of surrender and asking them to give in.1
The source of this prohibition is G‑d's statement2 (exalted be He), "You must never seek peace with them nor their well-being [as long as you exist]."
The Sifri3 says, "From the verse,4 'When you approach a city to wage war against it, you must propose a peaceful settlement,' one could think the same applies here [to Ammon and Moav]. The Torah therefore says, 'You must never seek peace with them nor their well-being.' But from the phrase,5 '[He must be allowed to live alongside you wherever he chooses in your settlements,] be good to him,' one could think the same applies here.6 The Torah therefore says, '[nor their well-being] as long as you exist.' "7
FOOTNOTES
1.If they themselves surrender, however, we accept (Hilchos Melachim 6:6).
2.Deut. 23:7.
3.Ibid.
4.Ibid., 20:10.
5.Ibid. 23:17. The passage refers to a servant who has run away from his master and seeks refuge with you. However, the phrase, "be good to him," is superfluous in this context. Therefore, it could be construed as applying to Ammon and Moav, who were discussed a few verses beforehand.
6.I.e. that the choice of living peacefully should be offered even to Ammon and Moav.
7.I.e. the prohibition applies despite the phrase, "be good to him."
------------------------------------Negative Commandment 57
Wanton Destruction
"You shall not destroy its trees"—Deuteronomy 20:19.
In the course of battle, while besieging an enemy city, it is forbidden to cut down fruit-bearing trees in order to cause distress and pain to the city's inhabitants.
Included in this mitzvah is the prohibition against any wanton destruction; for example, cutting down a fruit-bearing tree [even not in time of battle], or needlessly burning a garment or breaking a utensil.
Full text of this Mitzvah »
Wanton Destruction
Negative Commandment 57
Translated by Berel Bell
The 57th prohibition is that when besieging a city, we are forbidden from cutting down fruit trees in order to cause distress and pain to its inhabitants.
The source of this prohibition is G‑d's statement1 (exalted be He), "[When you lay siege to a city...,] you must not wield an ax and destroy its trees, for they eat from them. Do not cut them down."
All forms of destruction are included in this prohibition. One who needlessly burns a garment or breaks an object, for example, transgresses this prohibition and is punished by lashing.2
It is explained in the end of tractate Makkos3 that one who cuts down useful4 trees is punished by lashes. Our Sages say, "The prohibition is from this verse: 'For they eat from them. Do not cut them down.' "
The details of this mitzvah are explained in the second chapter of tractate Bava Basra.5
FOOTNOTES
1.Deut. 20:19.
2.In Hilchos Melachim 6:10, however, the Rambam rules that such types of destruction are punished only by Rabbinic lashes.
3.22a.
4.I.e. food bearing.
5.26a.
-----------------------------------Positive Commandment 192
Hygiene in the Army Camp
"You shall have a designated place outside the camp"—Deuteronomy 23:13.
When going out to war, we are commanded to designate a place outside the army encampment where the soldiers can relieve themselves; so that they do not relieve themselves wherever they wish or between the tents, as is the practice amongst the nations.
Full text of this Mitzvah »
Hygiene in the Army Camp
Positive Commandment 192
Translated by Berel Bell
The 192nd mitzvah is that we are commanded that when our camps go out to war, we must prepare a place outside the camp for people to relieve themselves. People should not relieve themselves just anywhere among the tents as other nations do.
The source of this commandment is G‑d's statement1 (exalted be He), "You must have a designated place outside the camp...."
The Sifra2 says, "The word yad means a designated place, as it is written,3 'He set up for him a designated place (yad).' "
FOOTNOTES
1.Deut. 23:13.
2.Ibid. This seemingly should read, "Sifri," as in the next Mitzvah.
3.Shmuel I, 15:12.
-----------------------------------Positive Commandment 193
Hygiene Equipment for Soldiers
"And you shall have a spade among your weapons"—Deuteronomy 23:14.
Together with all the other weaponry each soldier carries around, he should also be equipped with a spade, so that when he needs to relieve himself he can dig a small hole, relieve himself there, and then cover up his defecation—so that there remains no exposed excrement on the grounds of the battle camp.
Full text of this Mitzvah »
Hygiene Equipment for Soldiers
Positive Commandment 193
Translated by Berel Bell
The 193rd mitzvah is that we are commanded that everyone in the camp must have a digging implement hanging with their weapons. It is used to dig a hole in the designated area,1 into which one excretes, and to cover the excrement afterwards so that it not be visible on the ground. This applies specifically in a war camp, as it is written at the beginning of the section,2 "When you go out as a camp against your enemies."
The source of this commandment is G‑d's statement,3 "You must keep a spade with your weapons (azeinecha)."
The Sifri says, "The word azeinecha refers to the place of the weapons (ziyunecha)."
FOOTNOTES
1.
See previous Mitzvah.
2.
Deut. 23:10.
3.
Ibid., 23:14.
-----------------------------------
• 1 Chapter: Nezirut Nezirut - Chapter 1 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
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• Nezirut - Chapter 1
Halacha 1
A nazirite vow is one of the types of vows involving prohibitions,1as [Numbers 6:2] states: "When one will take a nazirite vow...." It is a positive commandment for [a nazirite] to let the hair of his head grow,2 as [ibid.:5] states: "He shall let the mane of the hair of his head grow." If he cuts [his hair] in the midst of the days of his nazirite vow, he violates a negative commandment,3 as [ibid.] states: "A razor shall not pass over his head." Similarly, he is forbidden to contract ritual impurity from a corpse4 or eat those products of a grape vine which the Torah forbids him from eating5 throughout the entire span of his nazirite vow.6
Halacha 2
When [a nazirite] transgressed and cut his hair, became impure [due to contact with a corpse], or partook of wine grapes, he receives two sets of lashes:7one because of the prohibition "He shall not desecrate his word,"8 and one because of the prohibition that he transgressed from the unique prohibitions that apply to a nazirite.9
Halacha 3
When a person takes a nazirite vow and fulfills his vow according to the mitzvah, he has performed three positive commandments: a) "He shall act in accordance with all that he uttered with his mouth,"10 and he has acted [accordingly], b) "He shall let the mane of the hair of his head grow," and he has let it grow, and c) shaving and bringing his sacrifices,11 as [ibid.:18] states: "And the nazirite shall shave at the entrance to the Tent of Meeting."
Halacha 4
When a person says: "I will not depart from the world until I become a nazirite," he becomes a nazirite immediately, lest he die at that time. If he delays [implementing] his nazirite vow, he transgresses the prohibition:12 "Do not delay in paying it." Lashes are not given for the violation of this prohibition.13
Halacha 5
With regard to a nazirite vow, we do not say: [The vow does not take effect] until he makes a statement that every person would be able to understand [that] in his heart [he desired to take a nazirite vow]. Instead, since he made a decision in his heart to take a nazirite vow and verbally expressed concepts that suggest this intent, he is a nazirite although these concepts are distant and [their simple meaning] does not communicate the concept of a nazirite vow.14
Halacha 6
What is implied? A nazirite was passing in front of a person and he said: "I will be," he is a nazirite. Since in his heart, he intended to say that he will be like that person, [it is considered as if he made such a statement] even though he did not explicitly say: "I will be like him." Similarly, if he took hold of his hair15and said: "I will become attractive," "I will grow my hair," "I will cultivate my hair,"16 "I will let my hair grow long," he is a nazirite, provided he made such a decision in his heart.
Halacha 7
Halacha 8
All nicknames for a nazirite vow are considered like a nazirite vow.
What is implied? In places where people mispronounce the words they use, if one says: "I am a nazik, a naziach, a paziach,19 he is a nazirite."
Halacha 9
If a person says: "I am a nazirite only with regard to grape seeds" or "...with regard to grape peels," "I am a nazirite with regard to shaving," or "I am a nazirite only with regard to impurity," he is a nazir in the complete sense and he must keep all the particular laws incumbent on nazirites even though his inten was to forbid himself only with regard to the particular he mentioned. Since the matter concerning which he took the nazirite vow is forbidden to nazirites, he is a nazirite in the full sense of the term.20
Halacha 10
If, however, one says: "I am a nazirite from dried figs," "...from cakes of dried figs," or the like, he is forbidden [to partake of] the article specified, but he is not a nazirite.21
Halacha 11
When a cup of wine was mixed22 for a person and given to he to drink and he said: "I am a nazirite from it," he is a nazirite in the complete sense.23 If he was a morose person, angry, or in mourning and the others were trying to have him drink to release his burden and he said: "I am a nazirite from this [cup]," he is forbidden to drink only that cup, but he is not a nazirite. [The rationale is that] his intent was only that he would not drink that cup.
Halacha 12
Similarly, if a drunken man was given a cup to make him totally inebriated and he said: "I am a nazirite from it," he is forbidden to drink only that cup, but he is not a nazirite. [The rationale is that his intent was] only that they should not have him become overly drunk. If he was as drunk as Lot24 his statements are of no consequence and he is not liable for any transgression that he performs. For when he reaches a state of inebriation equivalent to Lot's, he is not liable at all.25
Halacha 13
When a person says: "I am a nazirite on the condition that I can drink wine," "...become impure because of contact with the dead," or "...cut my hair,"26 he is a nazirite and is forbidden to perform all of the above. [The rationale is that] he made a stipulation against what is written in the Torah and whenever one makes a stipulation against what is written in the Torah, the stipulation is nullified.27
Halacha 14
When a person takes a nazirite vow and [afterwards] says: "I did not know that a nazirite was forbidden to partake of wine..., "...to become impure," or "...to cut hair. Had I known this, I would not have take the vow," he is a nazirite and is obligated in all these prohibitions. [The rationale is that] he knows that he is obligated in at least one of these [prohibitions] and as we explained,28 even if one took a [nazirite] vow, forbidding only one of these acts, he is forbidden in all of them.29
Halacha 15
If the person says: "I know that a nazirite is forbidden in all of the above, but I thought that it would be permitted for me to drink wine, because I cannot live without wine," or "[I thought that I would be permitted to become impure,] because I bury the dead," he is not a nazirite,30 because his vow is included in the category of vows made in error31 which need not be absolved by a sage, as we explained.32
Halacha 16
When a person says: "My hand is a nazirite" or "My foot is a nazirite," his words are of no consequence. If, however, he says: "My head is a nazirite" or "My liver is a nazirite," he is a nazarite." This is the general principle: Whenever a person designates as a nazirite an organ upon whose removal33 from a living person would cause him to die, he is a nazirite.34
Halacha 17
When a person says: "I will be a nazirite when a ben is born to me," if a son is born to him, he is a nazirite. If, however, a daughter, a tumtum,35 or an androgynus36 is born to him, he is not a nazirite.37
If he says: "I will be a nazirite when offspring is born to me," even if a daughter, a tumtum, or an androgynus is born to him, he is a nazirite. If his wife miscarries, he is not a nazirite. If she becomes pregnant again and gives birth, he is a nazirite.38
| FOOTNOTES | |
| 1. |
Thus it is governed by the laws mentioned in the previous set of halachot. As mentioned in the beginning of Hilchot Nedarim, there are two types of vows: vows involving prohibitions and vows taking on an obligation to bring sacrifices. A nazirite vow also involves bringing sacrifices, as will be explained. Nevertheless, it is considered primarily a vow involving prohibitions (Radbaz).
|
| 2. |
Sefer HaMitzvot (positive commandment 92) and Sefer HaChinuch (mitzvah 374) include this commandment among the 613 mitzvot of the Torah.
|
| 3. |
Sefer HaMitzvot (negative commandment 209) and Sefer HaChinuch (mitzvah 373) include this commandment among the 613 mitzvot of the Torah.
|
| 4. |
Sefer HaMitzvot (negative commandments 207-208) and Sefer HaChinuch (mitzvot 375-376) include two prohibitions involving this matter among the 613 mitzvot of the Torah. See Chapter 5 which describes this prohibition.
|
| 5. |
This includes prohibitions against drinking wine and eating fresh grapes, raisins, grape seeds, and grape peels. Sefer HaMitzvot (negative commandment 202-206) and Sefer HaChinuch (mitzvot 368-372) include five prohibitions against partaking of these grape products among the 613 mitzvot of the Torah.
|
| 6. |
The Radbaz explains that the Rambam does not mention these prohibitions in the order that they are mentioned in the Torah, not in the order that they are mentioned in the Mishnah. The rationale is that the mitzvah of letting one's hair grow is mentioned first because it involves both a positive and a negative commandment.
|
| 7. |
For with his deed, he has violated two of the Torah's prohibitions.
|
| 8. |
Which applies with regard to the violation of all vows, as stated in Hilchot Nedarim 1:5.
|
| 9. |
If he violates his nazirite vow in several ways, e.g., he eats grapes and becomes impure, he receives lashes according to the number of violations involved (Radbaz).
|
| 10. |
I.e., the commandment to observe the vows one takes. See Hilchot Nedarim 1:4.
|
| 11. |
Which is done at the fulfillment of one's nazirite vow. Sefer HaMitzvot (positive commandment 93) and Sefer HaChinuch (mitzvah 377) include this commandment among the 613 mitzvot of the Torah. See Chapter 8 which describes this procedure.
|
| 12. |
Deuteronomy 23:22. As the Rambam states in Hilchot Arachin VaCharamim 1:1, this prohibition applies to any person who delays keeping the vows and pledges he makes. He does not, however, list this prohibition as one of the 613 mitzvot in these halachot, but instead, in Hilchot Ma'aseh HaKorbanot (in the introduction to those halachot and in Chapter 14, Halachah 13).
See also Hilchot Arachin 6:33 which uses this law as support for the principle that a pledge to perform a mitzvah is considered as a vow.
|
| 13. |
For as stated in Hilchot Sanhedrin 18:2, lashes are not given for the violation of a prohibition that does not involve a deed. Note, however, Chapter 5, Halachah 21.
|
| 14. |
This concept, which the Rambam illustrates in the following halachot, expresses the principle (seeNedarim 5b) that yadot nedarim, literally "handles of vows," are considered equivalent to vows themselves.
|
| 15. |
According to the Rambam, when he makes such statements while holding his hair, it is not necessary that a nazirite pass in front of him for his statement to be binding.
|
| 16. |
The Hebrew uses two expressions to communicate this and the previous concept. Our translations for these terms are taken from Rav Kappach's translation of the Rambam's Commentary to the Mishnah (Nazir 1:1).
|
| 17. |
The offering a nazirite would bring if he became impure (see Numbers 6:10).
|
| 18. |
I.e., with regard to a nazirite vow. Since it is possible that his statement meant that he intended to offer the doves as a sacrifice, it is not considered as implying a nazirite vow. From the Rambam's Commentary to the Mishnah (loc. cit.), it appears that the person is liable to bring these doves as a voluntary offering. It is questionable if here the Rambam is negating that implication.
|
| 19. |
In his Commentary to the Mishnah (loc. cit.), the Rambam writes that gentiles who lived among the Jewish people would mispronounce the word nazir in this manner. As such, there would be some Jews who would make similar mistakes. See parallel concepts in Hilchot Sh'vuot 2:5, Hilchot Nedarim 1:16.
|
| 20. |
I.e., since he used the term "nazirite" and the object which he mentioned is forbidden to nazirites, the nazirite restrictions all take effect. Note the contrast to the following halachah.
|
| 21. |
Because the term nazirite does not apply with regard to those objects.
|
| 22. |
I.e., in the Talmudic era, the wine was very strong. Hence it was customary to mix water into wine before serving it.
|
| 23. |
I.e., the situation is comparable to those described in Halachah 9.
|
| 24. |
Who became so drunk that he lost all consciousness of his actions. See Genesis, ch. 19.
|
| 25. |
I.e., he is considered like a mentally and emotionally incapable person (a shoteh). See Hilchot Ishut 4:18, Hilchot Mechirah 29:18.
|
| 26. |
I.e., he seeks to avoid keeping one or more of the obligations of the nazirite vow although he will keep the others.
|
| 27. |
This is a general principle applying in many aspects of Torah law, e.g., Hilchot Ishut 16:9.
|
| 28. |
In the previous halachah.
|
| 29. |
The Ra'avad states that if a person would approach a sage and ask him to absolve his nazirite vow on these grounds, the sage would certainly consent. We are speaking about an instance when the person seeks to have the vow nullified without consulting a sage because it was taken in error. The Radbaz states that the Rambam would also accept this ruling. The Kessef Mishneh, however, does not accept this explanation.
|
| 30. |
He need not observe any of the nazirite prohibitions, even the ones he had intended to observe.
|
| 31. |
The Ra'avad considers this as a vow which a person is prevented from keeping by forces beyond his control, citing Nazir 11b which appears to support this interpretation. The Kessef Mishneh and the Radbaz state that while the actual wording of the Talmud fits the Ra'avad's interpretation, the Rambam's explanation can be justified. [Significantly, in his Commentary to the Mishnah (Nazir2:4), the Rambam uses the wording suggested by the Ra'avad.]
|
| 32. |
Hilchot Sh'vuot 3:6; Hilchot Nedarim 4:1.
|
| 33. |
The Or Sameach notes that the Rambam changes slightly the wording of his source, Nazir 21b, based on his ruling in Hilchot Shechitah 8:16. There the Rambam writes that if an animal is born without a liver it may live, but if it was born with a liver and then the liver was removed, it is treifah.
|
| 34. |
For it is considered as if he took the vow upon his entire person. Compare to Hilchot Arachin 2:1;Hilchot Ma'aseh HaKorbanot 15:2; Hilchot Mechirah 27:8.
|
| 35. |
A person whose genital area is covered by a piece of flesh and it is impossible to detect his gender.
|
| 36. |
A person with both male and female sexual organs (Hilchot Ishut 2:24-25).
|
| 37. |
Although the term ben can be translated as "offspring," its specific meaning is "son." Hence the Rambam rules in this manner.
|
| 38. |
The fact that his wife miscarried in the interim does not negate the vow.
|
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• 3 Chapters: Melachim uMilchamot Melachim uMilchamot - Chapter 7, Melachim uMilchamot Melachim uMilchamot - Chapter 8, Melachim uMilchamot Melachim uMilchamot - Chapter 9 • English Text | Hebrew Text | Audio: Listen | Download• Melachim uMilchamot - Chapter 7
• 3 Chapters: Melachim uMilchamot Melachim uMilchamot - Chapter 7, Melachim uMilchamot Melachim uMilchamot - Chapter 8, Melachim uMilchamot Melachim uMilchamot - Chapter 9 • English Text | Hebrew Text |
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Halacha 1
In both a milchemet mitzvah and a milchemet hareshut, a priest is appointed to address the nation before the battle. He is anointed with the oil of anointment and is called, the meshuach milchamah.
Halacha 2
The meshuach milchamah speaks to the nation twice: Once, at the border, as the army is leaving before they assume battle positions. At that time, he tells the nation: 'Is there a man who has planted a vineyard and has not redeemed his first crop?...' (Deuteronomy 20:6). When these individuals hear his words, they should retreat from the battlefront.
He speaks a second time when the army has assumed battle positions: Then, he declares: 'Do not be afraid. Do not panic...' (ibid. 20:3).
Halacha 3
When the armies assume battle positions and will shortly join in war, themeshuach milchamah stands in an elevated place before the array of the entire army. He addresses them in Hebrew:
Listen, Israel, today you are about to wage war against your enemies. Do not be faint-hearted. Do not be afraid. Do not panic and do not break ranks before them. God, your Lord, is the One accompanying you to do battle for you against your enemies to deliver you (ibid. 20:3-4).
These words are related by the meshuach milchamah. Afterwards, another priest of a lower rank, proclaims them to the people in a loud voice. Then, themeshuach milchamah announces:
Is there a man who has built a new house?... Let him go home...Is there a man who has planted a vineyard?... Let him go home...Is there a man who has consecrated a woman?... Let him go home... (ibid.20:5-7).
These words are related by the meshuach milchamah. Afterwards, an officer proclaims these words to the nation in a loud voice. the officer announces on his own initiative: 'Is there a man who is afraid or faint-hearted? Let him go home...' (ibid. 20:8). Another officer proclaims these words to the people.
Halacha 4
After these individuals depart from the battlefront, the army is arrayed again and commanding officers are appointed at the head of the nation.
Powerful officers with iron axes in their hands are placed in the rear of each array of troops. If a person wants to leave the battle, they have permission to chop off his legs, for flight is the beginning of defeat.
In which instances are the above-mentioned individuals sent away from the battlefront? In a milchemet hareshut. By contrast, in a milchemet mitzvah, the entire nation must go out to war, even a groom from his chamber, and a bride from her pavilion.
Halacha 5
Those who leave the battlefront include a person who builds:
a house to dwell in,
a barn for his cattle,
a woodshed, or
a storage house.
A person who builds one of the latter is deferred because those structures are also fit for dwelling.
Just as a person who builds a home is deferred from military service; so, too, one who buys a home, receives one as a present, or inherits one should also return from the front.
However, one who builds (a silo,) a gatehouse, an excedra, a porch, or a house that is less than four cubits by four cubits, and similarly, a person who steals a house does not return from the war.
Halacha 6
Just as a person who plants a vineyard is deferred from military service; so, too, one who plants five fruit trees, even though they are of five different species recieves a similar deferment.
This applies to one who plants a vineyard, one who extends, one who grafts, the extensions and graftings must be significant enough to obligate the vine inorlah, one who buys, one who inherits, and one who received one as a present.
However, one who plants four fruit trees or five trees that do not bear fruit and similarly, one who steals a vineyard does not return from the battlefront because of it. Also, when a vineyard is planted by two partners, neither may return from the battlefront because of it.
Halacha 7
Just as a man who consecrates a virgin is deferred from military service; so, too, a deferment is granted to one who consecrates a widow and similarly, to a man to whom a yevamah becomes obligated. Even if there are five brothers and one of them dies, all should return from the battlefont.
If a man consecrates a wife on the condition that the Kiddushin take effect retroactively from the day they were given after a year has passed and that time period is completed during a war, he should return from the battlefield.
Halacha 8
A person who remarries his divorcee and one who consecrates a woman whom he is forbidden to marry, for example, a widow for a High Priest, a divorcee or a woman who has undergone chalitzah for a common priest, or a mamzer or anatinah to an Israelite, or an Israelitess to a mamzer or natin, should not return from the battlefield.
Halacha 9
All those who return from the army camp, return when they hear the proclamation of the priest. They must supply food and water to their brethren in the army and fix the roads for them.
Halacha 10
The following should not go out to the army camp at all and should not be bothered for any obligation whatsoever:
one who builds a house and dedicates it;
one who marries the woman he consecrated or his yevamah;
one who redeems his vineyard.
They are not conscripted until the completion of one year as Deuteronomy 24:5states: 'He must remain free for his home for one year and rejoice with the bride he took.' The Oral Tradition teaches that the one-year deferment applies whether he purchased a house, married a woman, or began to benefit from the fruit of his vineyard.
Halacha 11
During this entire year, he is not obligated to supply the troops with food or water. He should not fix the roads, guard the walls or pay the levy for beams for the gates of the city, as ibid. states: 'He shall not enter military service or be assigned any duties.'
The repetition of the prohibition teaches that the transgression of two prohibitions are involved. He is not obligated to his city, nor to the army.
Halacha 12
If a person builds a house and rents it to others, in the event the tenants pay the rent beforehand, it is considered as if he has already benefited from it. If they do not pay him rent until after twelve months have passed, it is considered as if he has not yet derived benefit.
Halacha 13
The following rules apply when a man built a house, placed his belongings inside, and locked them within: If he has to spend time guarding them, it is considered as if he derived benefit from the home and began dwelling there. If he does not have to sit and guard them, he is considered as one who has derived no benefit from his home as of yet.
Halacha 14
Anyone that builds a house or plants a vineyard outside of the land of Israel, is not sent back [from the battlefront].
Halacha 15
To whom does the phrase 'Is there a man who is afraid or faint-hearted]?' refer? The phrase should be interpreted simply, as applying to a person whose heart is not brave enough to stand in the throes of battle.
Once a soldier enters the throes of battle, he should rely on the Hope of Israel and their Savior in times of need. He should realize that he is fighting for the sake of the oneness of God's Name. Therefore, he should place his soul in his hand and not show fright or fear.
He should not worry about his wife or children. On the contrary, he should wipe their memory from his heart, removing all thoughts from his mind except the war.
Anyone who begins to feel anxious and worry in the midst of battle to the point where he frightens himself violates a negative commandment, as it is written (Deuteronomy 20:3): 'Do not be faint-hearted. Do not be afraid. Do not panic and do not break ranks before them.'
Furthermore, he is responsible for the blood of the entire Jewish nation. If he is not valiant, if he does not wage war with all his heart and soul, it is considered as if he shed the blood of the entire people, as ibid. 20:8 states: 'Let him go home, lest he demoralize the hearts of his brethren like his own.' Similarly, the prophetic tradition explicitly states: 'Cursed be he who does God's work deceitfully. Cursed be he who withholds his sword from blood.' Jeremiah 48:10
In contrast, anyone who fights with his entire heart, without fear, with the intention of sanctifying God's name alone, can be assured that he will find no harm, nor will bad overtake him. He will be granted a proper family in Israel and gather merit for himself and his children forever. He will also merit eternal life in the world to come as I Samuel 25:28-29 states: 'God will certainly make my lord a faithful house, for my lord fights the wars of God and evil will not be found with you... and my lord's soul will be bound in a bond of life with God.'
Melachim uMilchamot - Chapter 8
Halacha 1
When the army's troops enter the territory of gentiles, conquering them and taking them captive, they are permitted to eat meat from animals that died without being ritually slaughtered or which were trefe, and the flesh of pigs and similar animals, if they become hungry and can only find these forbidden foods.
Similarly, they may drink wine used in the worship of idols. This license is derived by the Oral Tradition which interprets Deuteronomy 6:10-11: 'God... will give you... houses filled with all the good things' as 'pigs' necks and the like.'
Halacha 2
Similarly, a soldier may engage in sexual relations with a woman while she is still a gentile if his natural inclination overcomes him. However, he may not engage in sexual relations with her and then, go on his way. Rather, he must bring her into his home as Deuteronomy 21:11 states 'If you see a beautiful woman among the prisoners...You shall bring her into the midst of your home...'
It is forbidden for him to engage in sexual relations with her a second time until he marries her.
Halacha 3
Relations with a yefat toar are only permitted while she is in captivity as the verse states ' If you see... among the prisoners.'
This license is permitted whether the woman is a virgin or not, even if she is married, for the gentiles' marriages are not recognized.
A number of laws are derived from the exegesis of the verse from Deuteronomy quoted above:
'And you desire' - even though she is not beautiful.
'Her' - and not another. He may not engage in sexual relations with two women. 'You may take her as a wife' - He may not take two women as captives with the intention of engaging in relations with one and saving the other for his father or brother.
What is the source which teaches that he may not pressure her in the midst of the war? Deuteronomy 21:12 states: 'You shall bring her into the midst of your home...' Thus, he must bring her into an (vacant) place and then, engage in relations with her.
Halacha 4
A priest is also allowed relations with a yefat toar initially. For the Torah only permitted relations as a concession to man's natural inclination. However, he is not permitted to marry her afterwards, for she is a convert.
Halacha 5
What is the procedure which a Jew must follow regarding a yefat toar after he had relations with her once while she is still a gentile? If she desires to enter under the wings of the Shechinah, he may have her immersed in a mikveh for the purpose of conversion immediately.
If she does not accept the Jewish faith, she should dwell in his house for thirty days, as ibid. 21:13 states: 'She shall mourn her father and mother for thirty days.' Similarly, she should mourn the abandonment of her faith. Her captor should not prevent her from crying.
She must let her nails grow and shave her head so that she will not appear attractive to him. She must be together with him at home. Thus, when he enters, he sees her; when he leaves; he sees her, so that he becomes disgusted with her.
He must be patient with her so that she will accept the Jewish faith. If she accepts Judaism and he desires her, she may convert and immerse herself in the mikveh for that purpose, like other converts.
Halacha 6
A captor must wait three months before marrying his captive: the month of mourning and two months following it.
When he marries her, he must give her Kiddushin and a Ketubah. If he does not desire her, he must set her free. If he sells her, he violates a negative commandment, as Deuteronomy 21:14 states: 'You may not sell her for money.' Should a captor sell his captive, the sale is invalidated and he must return the money.
Similarly, if after having relations with her, he forces her to become a servant, he violates a negative commandment from the time he makes use of her asibid. states: lo titamar boh. That phrase means 'he should not make use of her.'
Halacha 7
Her captor must be patient with her for twelve months if she refuses to convert.
If she still refuses after this interval has passed, she must agree to accept the seven universal laws commanded to Noah's descendants and then, she is set free. Her status is the same as all other resident aliens.
Her captor may not marry her, for it is forbidden to marry a woman who has not converted.
Halacha 8
If she conceives after the initial relations with her captor, the child has the status of a convert. In no regard is he considered as the captor's son, for his mother is a gentile. Rather, the court immerses him in the mikveh and takes responsibility for him.
Tamar was conceived from King David's initial relations with a yefat toar, but Avshalom was conceived after marriage. Thus, Tamar was only Avshalom's maternal sister and thus, would have been permitted to Amnon. This can be inferred from the statement II Samuel 13:13: 'Speak to the king, for he will not withhold me from you.'
Halacha 9
A yefat toar who does not desire to abandon idol worship after twelve months should be executed. Similarly, a treaty cannot be made with a city which desires to accept a peaceful settlement until they deny idol worship, destroy their places of worship, and accept the seven universal laws commanded Noah's descendants. For every gentile who does not accept these commandments must be executed if he is under our undisputed authority.
Halacha 10
Moses only gave the Torah and mitzvot as an inheritance to Israel, asDeuteronomy 33:4 states: 'The Torah... is the inheritance of the congregation of Jacob,' and to all those who desire to convert from among the other nations, asNumbers 15:15 states 'the convert shall be the same as you.' However, someone who does not desire to accept Torah and mitzvot, should not be forced to.
By the same regard, Moses was commanded by the Almighty to compel all the inhabitants of the world to accept the commandments given to Noah's descendants.
If one does not accept these commands, he should be executed. A person who formally accepts these commands is called a resident alien. This applies in any place. This acceptance must be made in the presence of three Torah scholars.
Anyone who agrees to circumcise himself and allows twelve months to pass without circumcising himself is considered as one of the nations.
Halacha 11
Anyone who accepts upon himself the fulfillment of these seven mitzvot and is precise in their observance is considered one of 'the pious among the gentiles' and will merit a share in the world to come.
This applies only when he accepts them and fulfills them because the Holy One, blessed be He, commanded them in the Torah and informed us through Moses, our teacher, that Noah's descendants had been commanded to fulfill them previously.
However, if he fulfills them out of intellectual conviction, he is not a resident alien, nor of 'the pious among the gentiles,' nor of their wise men.
Melachim uMilchamot - Chapter 9
Halacha 1
Six precepts were commanded to Adam:
a) the prohibition against worship of false gods;
b) the prohibition against cursing God;
c) the prohibition against murder;
d) the prohibition against incest and adultery;
e) the prohibition against theft;
f) the command to establish laws and courts of justice.
Even though we have received all of these commands from Moses and, furthermore, they are concepts which intellect itself tends to accept, it appears from the Torah's words that Adam was commanded concerning them.
The prohibition against eating flesh from a living animal was added for Noah, asGenesis 9:4 states: 'Nevertheless, you may not eat flesh with its life, which is its blood.' Thus there are seven mitzvot.
These matters remained the same throughout the world until Abraham. When Abraham arose, in addition to these, he was commanded regarding circumcision. He also ordained the morning prayers.
Isaac separated tithes and ordained an additional prayer service before sunset. Jacob added the prohibition against eating the sciatic nerve. He also ordained the evening prayers. In Egypt, Amram was commanded regarding other mitzvot. Ultimately, Moses came and the Torah was completed by him.
Halacha 2
A gentile who worships false gods is liable provided he worships them in an accepted manner.
A gentile is executed for every type of foreign worship which a Jewish court would consider worthy of capital punishment. However, a gentile is not executed for a type of foreign worship which a Jewish court would not deem worthy of capital punishment. Nevertheless, even though a gentile will not be executed for these forms of worship, he is forbidden to engage in all of them.
We should not allow them to erect a monument, or to plant an Asherah, or to make images and the like even though they are only for the sake of beauty.
Halacha 3
A gentile who curses God's Name, whether he uses God's unique name or one of His other names, in any language, is liable. This law does not apply with regard to Jews.
Halacha 4
A gentile who slays any soul, even a fetus in its mother's womb, should be executed in retribution for its death. Similarly, if he slew a person who would have otherwise died in the near future, placed a person before a lion, or starved a person to death, he should be executed for through one manner or other, he killed.
Similarly, one should be executed if he killed a pursuer when he could have saved the latter's potential victim by maiming one of the pursuer's limbs. These laws do not apply with regard to Jews.
Halacha 5
There are six illicit sexual relations forbidden to a gentile:
a) his mother;
b) his father's wife;
c) a married woman;
d) his maternal sister;
e) a male;
f) an animal.
These prohibitions are derived from the verse Genesis 2:24: 'Therefore, a man shall leave his father and his mother and cling to his wife and they shall become one flesh.'
'His father' - alludes to his father's wife;
'his mother' - is to be understood simply;
'cling to his wife' - and not his colleague's wife;
'his wife' - and not a male;
'They shall become one flesh' - this excludes a domesticated animal, beast, or fowl for man can never become 'one flesh' with them.
The prohibition against relations with a maternal sister is derived from the verseGenesis 20:13: 'She is my sister, my father's daughter, but not my mother's. Thus, she became my wife.'
Halacha 6
A gentile is liable for relations with his mother even though she was seduced or raped by his father and never married to him. She is, nevertheless, his mother.
He is liable for relations with his father's wife even after his father's death.
He is liable for relations with a male whether a minor or an adult and with an animal whether young or old. In the latter instance, the gentile alone is executed and not the animal. We are only commanded to kill an animal with which a Jew engaged in relations.
Halacha 7
A gentile is not executed for adultery with his colleague's wife unless they engage in relations in the normal manner after she had engaged in relations with her husband at least once. However, if she was merely consecrated or had undergone a wedding ceremony, but had never engaged in relations with her husband, one is not liable for engaging in relations with her, as Genesis 20:3states: 'For she has been possessed by her husband.'
When does the above apply? When a gentile engages in relations with a gentile woman. However, a gentile who engages in relations with a married Jewess is liable whether their relations were carried out in a normal or abnormal manner.
Similarly, a gentile who engages in relations with a Jewish maiden who has been consecrated is stoned to death because of her as is the law regarding Jews. If he engages in relations with her after she has undergone the wedding ceremony, but has not engaged in relations with her husband, he is strangled to death as is the Jewish law. However, if he engages in relations with a Jewish woman after she engaged in relations with her husband once, he is sentenced to be executed by decapitation as if he had engaged in relations with a gentile woman.
Halacha 8
A gentile who singles out one of his maid-servants for one of his slaves and, afterwards, engages in relations with her is executed because of her for violation of the prohibition against adultery. However, he is not liable for relations with her until the matter has become public knowledge and everyone refers to her as 'the wife of X, the slave.'
When do relations with her become permitted again? When he separates her from his slave and uncovers her hair in the market-place.
When is a gentile woman considered divorced? When her husband removes her from his home and sends her on her own or when she leaves his domain and goes her own way. They have no written divorce proceedings.
The matter is not dependant on the man's volition alone. Whenever he or she decide to separate, they may and then, are no longer considered as married.
Halacha 9
A gentile is liable for violating the prohibition against theft whether he stole from another gentile or from a Jew.
This applies to one who forcefully robs an individual or steals money, a kidnapper, an employer who withholds his worker's wages and the like, even a worker who eats from his employer's produce when he is not working. In all such cases, he is liable and is considered as a robber. With regard to Jews, the law is different.
Similarly, a gentile is liable for stealing an object worth less than a p'rutah. Thus, if one gentile stole an object worth less than a p'rutah and another gentile stole it from him, they are both executed because of it.
Halacha 10
Similarly, a gentile is liable for violating the prohibition against eating a limb or flesh from a living creature. This applies regardless of the amount involved, for the specification of minimum amounts only applies to Jews.
A gentile is permitted blood from a living creature.
Halacha 11
The prohibition applies to a limb or flesh that is separated from either a domesticated animal or a beast. However, it appears to me that a gentile is not executed for eating a limb taken from a living bird.
Halacha 12
Though one slaughters an animal, even if one severs the two signs that distinguish it as having been slaughtered in a kosher manner, as long as the animal moves convulsively, the limbs and meat which are separated from it are forbidden to a gentile because of the prohibition against a limb from a living creature.
Halacha 13
All prohibitions that apply to a Jew regarding a limb from a living creature also apply to gentiles. Furthermore, there are instances where a gentile would be held liable and a Jew will not for a gentile is liable for a limb or flesh from a living creature whether from a domesticated animal or a beast, whether from a kosher or non-kosher species.
Similarly, a gentile is forbidden to partake of a limb from a living creature for a limb or flesh which is separated from an animal that is moving convulsively even though a Jew has already severed the two signs.
Halacha 14
How must the gentiles fulfill the commandment to establish laws and courts? They are obligated to set up judges and magistrates in every major city to render judgement concerning these six mitzvot and to admonish the people regarding their observance.
A gentile who transgresses these seven commands shall be executed by decapitation. For this reason, all the inhabitants of Shechem were obligated to die. Shechem kidnapped. They observed and were aware of his deeds, but did not judge him.
A gentile is executed on the basis of the testimony of one witness and the verdict of a single judge. No warning is required. Relatives may serve as witnesses. However, a woman may not serve as a witness or a judge for them
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Hayom Yom:
• English Text | Video Class• Tuesday, Kislev 5, 5776 · 17 November 2015
"Today's Day"
Thursday Kislev 5 5704
Torah lessons: Chumash: Vayeitsei, Chamishi with Rashi.
Tehillim: 29-34.
Tanya: Here we speak (p. 607)...within those worlds. (p. 607).
"A ladder was standing on the ground.1" Prayer is the ladder that connects souls and G-dhood. And although it stands "...on the ground," the start of davening being no more than acknowledgement, yet "its top2 reaches the Heavens"3 - a state of total bitul, self-nullification. But one reaches this level through the prior attainment of comprehension and understanding4inherent in p'sukei d'zimra,5 in the b'rachot of sh'ma and in sh'ma proper.
FOOTNOTES
1. Bereishit 28:12, Yaakov's dream.
2. I.e. the "peak" of davening, which is the silent devotional amida (or shemona essrei).
3. This is the concluding phrase of the verse "A ladder etc...".
4. Of G-dliness.
5. "Verses of praise," second section of Shacharit. Siddur pp. 30-42.
Hayom Yom:
• English Text | Video Class• Tuesday, Kislev 5, 5776 · 17 November 2015
"Today's Day"
Thursday Kislev 5 5704
Torah lessons: Chumash: Vayeitsei, Chamishi with Rashi.
Tehillim: 29-34.
Tanya: Here we speak (p. 607)...within those worlds. (p. 607).
"A ladder was standing on the ground.1" Prayer is the ladder that connects souls and G-dhood. And although it stands "...on the ground," the start of davening being no more than acknowledgement, yet "its top2 reaches the Heavens"3 - a state of total bitul, self-nullification. But one reaches this level through the prior attainment of comprehension and understanding4inherent in p'sukei d'zimra,5 in the b'rachot of sh'ma and in sh'ma proper.
FOOTNOTES
1. Bereishit 28:12, Yaakov's dream.
2. I.e. the "peak" of davening, which is the silent devotional amida (or shemona essrei).
3. This is the concluding phrase of the verse "A ladder etc...".
4. Of G-dliness.
5. "Verses of praise," second section of Shacharit. Siddur pp. 30-42.
---------------------• Daily Thought:
Love & Trust
Trust is the child of love, for where love showers down, trust will grow.
And since it is a child, the reciprocal is also true: As the child’s call awakens a parent from deep sleep, so trust awakens the love that gave birth to it.
Provide love; trust will be born from it.
Demonstrate your trust, and it will awaken love.
So it is with a child and a parent. So it is with two good friends. So it is with any marriage. Your love may hibernate in deep sleep, but you have trust that the other holds love inside, and in that trust, love awakens once more.
So it is with the love affair between your soul and her Beloved above. Trust that He is in love with you, and your love will awaken.
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