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Today in Jewish History:• Passing of R. Samson Raphael Hirsch (1888)
Rabbi Shimshon Raphael Hirsch (1808-1888), Talmudist, scholar, philosopher, prolific author and Rabbi of Frankfurt am Main, passed away on this date. He was instrumental in revitalizing German Jewry, bringing thousands back to the teachings of the Torah at a time when assimilationist trends threatened to extinguish Jewish life in Western Europe.
Daily Quote:
In the third month following the children of Israel’s exodus from the land of Egypt, that same day, they came into the wilderness of Sinai . . . and there Israel camped opposite the mountain.[Exodus 19:1–2]
Daily Study:
Chitas and Rambam for today:
Chumash: Va'eira, 6th Portion Exodus 8:19-9:16 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 8
19And I will make a redemption between My people and your people; this sign will come about tomorrow." ' " יטוְשַׂמְתִּ֣י פְדֻ֔ת בֵּ֥ין עַמִּ֖י וּבֵ֣ין עַמֶּ֑ךָ לְמָחָ֥ר יִֽהְיֶ֖ה הָאֹ֥ת הַזֶּֽה:
And I will make a redemption: which will set apart My people from your people. ושמתי פדת: שיבדיל בין עמי ובין עמך:
20The Lord did so, and a heavy mixture of noxious creatures came to Pharaoh's house and his servants' house, and throughout the entire land of Egypt, the land was destroyed because of the mixture of noxious creatures. כוַיַּ֤עַשׂ יְהֹוָה֙ כֵּ֔ן וַיָּבֹא֙ עָרֹ֣ב כָּבֵ֔ד בֵּ֥יתָה פַרְעֹ֖ה וּבֵ֣ית עֲבָדָ֑יו וּבְכָל־אֶ֧רֶץ מִצְרַ֛יִם תִּשָּׁחֵ֥ת הָאָ֖רֶץ מִפְּנֵ֥י הֶעָרֹֽב:
The land was destroyed: the land was destroyed [as Onkelos translates] the land was destroyed תשחת הארץ: נשחתה הארץ אתחבלת ארעא:
21Thereupon, Pharaoh summoned Moses and Aaron, and he said, "Go, sacrifice to your God in the land." כאוַיִּקְרָ֣א פַרְעֹ֔ה אֶל־משֶׁ֖ה וּלְאַֽהֲרֹ֑ן וַיֹּ֗אמֶר לְכ֛וּ זִבְח֥וּ לֵאלֹֽהֵיכֶ֖ם בָּאָֽרֶץ:
Go, sacrifice… in the land: in your place, and do not go into the desert. זבחו לאלהיכם בארץ: במקומכם, ולא תלכו במדבר:
22But Moses said, "It is improper to do that, for we will sacrifice the abomination of the Egyptians to our God. Will we sacrifice the deity of the Egyptians before their eyes, and they will not stone us? כבוַיֹּ֣אמֶר משֶׁ֗ה לֹ֤א נָכוֹן֙ לַֽעֲשׂ֣וֹת כֵּ֔ן כִּ֚י תּֽוֹעֲבַ֣ת מִצְרַ֔יִם נִזְבַּ֖ח לַֽיהֹוָ֣ה אֱלֹהֵ֑ינוּ הֵ֣ן נִזְבַּ֞ח אֶת־תּֽוֹעֲבַ֥ת מִצְרַ֛יִם לְעֵֽינֵיהֶ֖ם וְלֹ֥א יִסְקְלֻֽנוּ:
the abomination of the Egyptians: Heb. ךְתּוֹעִבַתמִצְרַיִם, the deity of the Egyptians, like “and for Milcom, the abomination of the children of Ammon” (II Kings 23:13), but for the Jews, [Scripture] calls it an abomination. It may also be explained in another manner: תועבת מצרים: יראת מצרים, כמו (מלכים ב' כג יג) ולמלכום תועבת בני עמון, ואצל ישראל קורא אותה תועבה. ועוד יש לומר בלשון אחר תועבת מצרים, דבר שנאוי הוא למצרים זביחה שאנו זובחים, שהרי יראתם אנו זובחים:
the abomination of the Egyptians: Our slaughtering is a hateful thing to the Egyptians, for we are slaughtering their deity. ולא יסקלנו: בתמיה:
and they will not stone us: This is a question. :
23Let us go [for] a three day journey in the desert and sacrifice to the Lord, our God, as He will say to us." כגדֶּ֚רֶךְ שְׁל֣שֶׁת יָמִ֔ים נֵלֵ֖ךְ בַּמִּדְבָּ֑ר וְזָבַ֨חְנוּ֙ לַֽיהֹוָ֣ה אֱלֹהֵ֔ינוּ כַּֽאֲשֶׁ֖ר יֹאמַ֥ר אֵלֵֽינוּ:
24Pharaoh said, "I will let you go out, and you will sacrifice to the Lord, your God, in the desert, but do not go far away; entreat [Him] on my behalf." כדוַיֹּ֣אמֶר פַּרְעֹ֗ה אָֽנֹכִ֞י אֲשַׁלַּ֤ח אֶתְכֶם֙ וּזְבַחְתֶּ֞ם לַֽיהֹוָ֤ה אֱלֹֽהֵיכֶם֙ בַּמִּדְבָּ֔ר רַ֛ק הַרְחֵ֥ק לֹֽא־תַרְחִ֖יקוּ לָלֶ֑כֶת הַעְתִּ֖ירוּ בַּֽעֲדִֽי:
25Moses said, "Behold, I am going away from you, and I will entreat the Lord, and the mixture of noxious creatures will depart from Pharaoh, from his servants, and from his people tomorrow. Only let Pharaoh not tease anymore, by not letting the people go to sacrifice to the Lord." כהוַיֹּ֣אמֶר משֶׁ֗ה הִנֵּ֨ה אָֽנֹכִ֜י יוֹצֵ֤א מֵֽעִמָּךְ֙ וְהַעְתַּרְתִּ֣י אֶל־יְהֹוָ֔ה וְסָ֣ר הֶֽעָרֹ֗ב מִפַּרְעֹ֛ה מֵֽעֲבָדָ֥יו וּמֵֽעַמּ֖וֹ מָחָ֑ר רַ֗ק אַל־יֹסֵ֤ף פַּרְעֹה֙ הָתֵ֔ל לְבִלְתִּי֙ שַׁלַּ֣ח אֶת־הָעָ֔ם לִזְבֹּ֖חַ לַֽיהֹוָֽה:
tease: Heb. הָתֵל, [like] לְהָתֵל, to tease. [The literal translation is: let Pharaoh stop teasing.] התל: כמו להתל:
26So Moses went away from Pharaoh and entreated the Lord. כווַיֵּצֵ֥א משֶׁ֖ה מֵעִ֣ם פַּרְעֹ֑ה וַיֶּעְתַּ֖ר אֶל־יְהֹוָֽה:
and entreated the Lord: Heb. וַיֶעְתַּר, he exerted himself in prayer. Similarly, if [Scripture] meant to say וַיַעְתִּיר, it could have said it, and that would mean that he increased [words] in prayer. Now, however, because it uses the וַיִפְעַל form, it means that he exerted himself to pray [devoutly]. ויעתר אל ה': נתאמץ בתפלה, וכן אם בא לומר, ויעתיר היה יכול לומר ומשמע וירבה בתפלה, וכשהוא אומר בלשון ויפעל משמע וירבה להתפלל:
27And the Lord did according to Moses' word, and He removed the mixture of noxious creatures from Pharaoh, from his servants, and from his people; not one was left. כזוַיַּ֤עַשׂ יְהֹוָה֙ כִּדְבַ֣ר משֶׁ֔ה וַיָּ֨סַר֙ הֶֽעָרֹ֔ב מִפַּרְעֹ֖ה מֵֽעֲבָדָ֣יו וּמֵֽעַמּ֑וֹ לֹ֥א נִשְׁאַ֖ר אֶחָֽד:
and He removed the mixture of noxious creatures: But they did not die as the frogs had died, for had they [the creatures] died, they [the Egyptians] would have derived benefit from the [animals’] hides. — [from Tanchuma, Va’era 14] ויסר הערב: ולא מתו כמו שמתו הצפרדעים, שאם מתו היה להם הנאה בעורות:
28But Pharaoh hardened his heart this time also, and he did not let the people go. כחוַיַּכְבֵּ֤ד פַּרְעֹה֙ אֶת־לִבּ֔וֹ גַּ֖ם בַּפַּ֣עַם הַזֹּ֑את וְלֹ֥א שִׁלַּ֖ח אֶת־הָעָֽם:
this time also: Although he said, “I will let you go out,” he did not keep his promise. גם בפעם הזאת: אף על פי שאמר (פסוק כד) אנכי אשלח אתכם, לא קיים הבטחתו:
Exodus Chapter 9
1The Lord said to Moses, "Come to Pharaoh and speak to him, 'So said the Lord, God of the Hebrews, "Let My people go, that they may serve Me. אוַיֹּ֤אמֶר יְהֹוָה֙ אֶל־משֶׁ֔ה בֹּ֖א אֶל־פַּרְעֹ֑ה וְדִבַּרְתָּ֣ אֵלָ֗יו כֹּֽה־אָמַ֤ר יְהֹוָה֙ אֱלֹהֵ֣י הָֽעִבְרִ֔ים שַׁלַּ֥ח אֶת־עַמִּ֖י וְיַֽעַבְדֻֽנִי:
2For if you refuse to let them go, and you still hold on to them, בכִּ֛י אִם־מָאֵ֥ן אַתָּ֖ה לְשַׁלֵּ֑חַ וְעֽוֹדְךָ֖ מַֽחֲזִ֥יק בָּֽם:
hold on to them: Heb. מַחִזִיק בָּם, hold on to them, similar to “and take hold (וְהֶחֱזִיקָה) of his private parts” (Deut. 25:11). מחזיק בם: אוחז בם, כמו (דברים כה יא) והחזיקה במבושיו:
3behold, the hand of the Lord will be upon your livestock that is in the field, upon the horses, upon the donkeys, upon the camels, upon the cattle, and upon the sheep, a very severe pestilence. גהִנֵּ֨ה יַד־יְהֹוָ֜ה הוֹיָ֗ה בְּמִקְנְךָ֙ אֲשֶׁ֣ר בַּשָּׂדֶ֔ה בַּסּוּסִ֤ים בַּֽחֲמֹרִים֙ בַּגְּמַלִּ֔ים בַּבָּקָ֖ר וּבַצֹּ֑אן דֶּ֖בֶר כָּבֵ֥ד מְאֹֽד:
behold, the hand of the Lord will be: Heb. הוֹיָה. This is the present tense, for so it is said in the feminine gender: in the past הָיְתָה, in the future ךְתִּהְיֶה, and in the present הוֹיָה, like עוֹשָֹה (does), רוֹצָה (wants), רוֹעָה (pastures). הנה יד ה' הויה: לשון הוה, כי כן יאמר בלשון נקבה על שעבר היתה ועל העתיד תהיה ועל העומד הויה, כמו עושה, רוצה, רועה:
4And the Lord will make a separation between the livestock of Israel and the livestock of Egypt, and nothing of the children of Israel will die. " ' " דוְהִפְלָ֣ה יְהֹוָ֔ה בֵּ֚ין מִקְנֵ֣ה יִשְׂרָאֵ֔ל וּבֵ֖ין מִקְנֵ֣ה מִצְרָ֑יִם וְלֹ֥א יָמ֛וּת מִכָּל־לִבְנֵ֥י יִשְׂרָאֵ֖ל דָּבָֽר:
will make a separation: Heb. וְהִפְלָה, will set apart. והפלה: והבדיל:
5The Lord set an appointed time, saying, "Tomorrow, God will do this thing in the land." הוַיָּ֥שֶׂם יְהֹוָ֖ה מוֹעֵ֣ד לֵאמֹ֑ר מָחָ֗ר יַֽעֲשֶׂ֧ה יְהֹוָ֛ה הַדָּבָ֥ר הַזֶּ֖ה בָּאָֽרֶץ:
6God did this thing on the morrow, and all the livestock of the Egyptians died, but of the livestock of the children of Israel not one died. ווַיַּ֨עַשׂ יְהֹוָ֜ה אֶת־הַדָּבָ֤ר הַזֶּה֙ מִמָּ֣חֳרָ֔ת וַיָּ֕מָת כֹּ֖ל מִקְנֵ֣ה מִצְרָ֑יִם וּמִמִּקְנֵ֥ה בְנֵֽי־יִשְׂרָאֵ֖ל לֹא־מֵ֥ת אֶחָֽד:
7And Pharaoh sent, and behold, not even one of the livestock of Israel died, but Pharaoh's heart became hardened, and he did not let the people out. זוַיִּשְׁלַ֣ח פַּרְעֹ֔ה וְהִנֵּ֗ה לֹא־מֵ֛ת מִמִּקְנֵ֥ה יִשְׂרָאֵ֖ל עַד־אֶחָ֑ד וַיִּכְבַּד֙ לֵ֣ב פַּרְעֹ֔ה וְלֹ֥א שִׁלַּ֖ח אֶת־הָעָֽם:
8The Lord said to Moses and to Aaron, "Take yourselves handfuls of furnace soot, and Moses shall cast it heavenward before Pharaoh's eyes. חוַיֹּ֣אמֶר יְהֹוָה֘ אֶל־משֶׁ֣ה וְאֶל־אַֽהֲרֹן֒ קְח֤וּ לָכֶם֙ מְלֹ֣א חָפְנֵיכֶ֔ם פִּ֖יחַ כִּבְשָׁ֑ן וּזְרָק֥וֹ משֶׁ֛ה הַשָּׁמַ֖יְמָה לְעֵינֵ֥י פַרְעֹֽה:
handfuls-: Jaloynes in Old French, double handfuls. מלא חפניכם: ילויני"ש בלעז [גלונים]:
furnace soot: Heb. פִּיחַ, a substance blown (נִפָּח) from dying embers that were burned in a furnace, and in Old French [it is called] olbes, cinders from a furnace. פִּיחַ is an expression of blowing (הֲפָחָה), that the wind blows them (מְפִיחָן) and makes them fly. פיח כבשן: דבר הנפח מן הגחלים עמומים הנשרפים בכבשן, ובלעז אולבי"ש [אפר]. פיח לשון הפחה, שהרוח מפיחן ומפריחן:
and Moses shall cast it: And anything cast with strength can be cast only with one hand. Hence there are many miracles [here], one that Moses [single] handful held his own double handfuls and those of Aaron, and [another miracle was] that the dust went over the entire land of Egypt. — [from Tanchuma Va’era 14] וזרקו משה: כל דבר הנזרק בכח אינו נזרק אלא ביד אחת. הרי נסים הרבה, אחד שהחזיק קומצו של משה מלא חפנים שלו ושל אהרן. ואחד שהלך האבק על כל ארץ מצרים:
9And it will become dust upon the entire land of Egypt, and it will become boils, breaking out into blisters upon man and upon beast throughout the entire land of Egypt." טוְהָיָ֣ה לְאָבָ֔ק עַ֖ל כָּל־אֶ֣רֶץ מִצְרָ֑יִם וְהָיָ֨ה עַל־הָֽאָדָ֜ם וְעַל־הַבְּהֵמָ֗ה לִשְׁחִ֥ין פֹּרֵ֛חַ אֲבַעְבֻּעֹ֖ת בְּכָל־אֶ֥רֶץ מִצְרָֽיִם:
boils, breaking out into blisters: As the Targum [Onkelos] renders: שִׁיחִנָא סַגִי אִבַעְבּוּעִין, through which blisters break out. לשחין פרח אבעבעת: כתרגומו לשחין סגי אבעבועין, שעל ידו צומחין בהן בועות:
boils: Heb. שְׁחִין, an expression of heat. There are many [examples of this word] in the language of the Mishnah: “a hot (שְחוּנַה) year” (Yoma 53b, Ta’anith 24b). שחין: לשון חמימות. והרבה יש בלשון משנה (יומא נג ב) שנה שחונה:
10So they took furnace soot, and they stood before Pharaoh, and Moses cast it heavenward, and it became boils breaking out into blisters upon man and upon beast. יוַיִּקְח֞וּ אֶת־פִּ֣יחַ הַכִּבְשָׁ֗ן וַיַּֽעַמְדוּ֙ לִפְנֵ֣י פַרְעֹ֔ה וַיִּזְרֹ֥ק אֹת֛וֹ משֶׁ֖ה הַשָּׁמָ֑יְמָה וַיְהִ֗י שְׁחִין֙ אֲבַעְבֻּעֹ֔ת פֹּרֵ֕חַ בָּֽאָדָ֖ם וּבַבְּהֵמָֽה:
upon man and upon beast: Now if you ask, “From where did they have beasts? Does it not say already, ‘and all the livestock of the Egyptians died’ (above, verse 6) ?” [I will answer that] the decree was leveled only upon those in the field, as it is said: “upon your livestock that is in the field” (above, verse 3), but he who feared the word of the Lord brought all his livestock into the houses, and so it is taught in the Mechilta (Beshallach 1) regarding “He took six hundred chosen chariots” (Exod. 14:7). — [See Rashi on that verse.] באדם ובבהמה: ואם תאמר מאין היו להם הבהמות והלא כבר נאמר (פסוק ו) וימת כל מקנה מצרים, אלא לא נגזרה גזרה אלא על אותן שבשדות בלבד, שנאמר (פסוק ג) במקנך אשר בשדה והירא את דבר ה' הניס את מקנהו אל הבתים. וכן שנויה במכילתא אצל (יד ז) ויקח שש מאות רכב בחור:
11And the necromancers could not stand before Moses because of the boils, for the boils were upon the necromancers and upon all Egypt. יאוְלֹא־יָֽכְל֣וּ הַֽחַרְטֻמִּ֗ים לַֽעֲמֹ֛ד לִפְנֵ֥י משֶׁ֖ה מִפְּנֵ֣י הַשְּׁחִ֑ין כִּֽי־הָיָ֣ה הַשְּׁחִ֔ין בַּֽחַרְטֻמִּ֖ם וּבְכָל־מִצְרָֽיִם:
12But the Lord strengthened Pharaoh's heart, and he did not hearken to them, as the Lord spoke to Moses. יבוַיְחַזֵּ֤ק יְהֹוָה֙ אֶת־לֵ֣ב פַּרְעֹ֔ה וְלֹ֥א שָׁמַ֖ע אֲלֵהֶ֑ם כַּֽאֲשֶׁ֛ר דִּבֶּ֥ר יְהֹוָ֖ה אֶל־משֶֽׁה:
13The Lord said to Moses, "Rise early in the morning and stand erect before Pharaoh, and say to him, 'So said the Lord, the God of the Hebrews, "Let My people go so that they may worship Me. יגוַיֹּ֤אמֶר יְהֹוָה֙ אֶל־משֶׁ֔ה הַשְׁכֵּ֣ם בַּבֹּ֔קֶר וְהִתְיַצֵּ֖ב לִפְנֵ֣י פַרְעֹ֑ה וְאָֽמַרְתָּ֣ אֵלָ֗יו כֹּֽה־אָמַ֤ר יְהֹוָה֙ אֱלֹהֵ֣י הָֽעִבְרִ֔ים שַׁלַּ֥ח אֶת־עַמִּ֖י וְיַֽעַבְדֻֽנִי:
14Because this time, I am sending all My plagues into your heart and into your servants and into your people, in order that you know that there is none like Me in the entire earth. ידכִּ֣י | בַּפַּ֣עַם הַזֹּ֗את אֲנִ֨י שֹׁלֵ֜חַ אֶת־כָּל־מַגֵּֽפֹתַי֙ אֶל־לִבְּ֔ךָ וּבַֽעֲבָדֶ֖יךָ וּבְעַמֶּ֑ךָ בַּֽעֲב֣וּר תֵּדַ֔ע כִּ֛י אֵ֥ין כָּמֹ֖נִי בְּכָל־הָאָֽרֶץ:
all My plagues: We learn from here that the plague of the firstborn (מַכַּתבְּכוֹרוֹת) is equivalent to all the plagues. את כל מגפתי: למדנו מכאן שמכת בכורות שקולה כנגד כל המכות:
15For if now I had stretched forth My hand, and I had smitten you and your people with pestilence, you would have been annihilated from the earth. טוכִּ֤י עַתָּה֙ שָׁלַ֣חְתִּי אֶת־יָדִ֔י וָאַ֥ךְ אֽוֹתְךָ֛ וְאֶת־עַמְּךָ֖ בַּדָּ֑בֶר וַתִּכָּחֵ֖ד מִן־הָאָֽרֶץ:
For if now I had stretched forth My hand, etc.: For if I had so desired, when My hand was upon your livestock, when I smote them with pestilence, I could have stretched it forth and smitten you and your people along with the beasts, and you would have been annihilated from the earth; “but for this [reason] I have allowed you to stand, etc.” כי עתה שלחתי את ידי וגו': כי אלו רציתי כשהיתה ידי במקנך שהכיתים בדבר שלחתיה והכיתי אותך ואת עמך עם הבהמות ותכחד מן הארץ, אבל בעבור זאת העמדתיך וגו':
16But, for this [reason] I have allowed you to stand, in order to show you My strength and in order to declare My name all over the earth. טזוְאוּלָ֗ם בַּֽעֲב֥וּר זֹאת֙ הֶֽעֱמַדְתִּ֔יךָ בַּֽעֲב֖וּר הַרְאֹֽתְךָ֣ אֶת־כֹּחִ֑י וּלְמַ֛עַן סַפֵּ֥ר שְׁמִ֖י בְּכָל־הָאָֽרֶץ:---------------------
Daily Tehillim: Chapters 120 - 134
• Hebrew text
• English text• Chapter 120
• Hebrew text
• English text• Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
FOOTNOTES
1. Which remain hot on the inside while appearing cool to the touch (Rashi).
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.
1. A song of ascents. I lift my eyes to the mountains-from where will my help come?
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
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Tanya: Likutei Amarim, middle of Chapter 14
• Lessons in Tanya
Tanya: Likutei Amarim, middle of Chapter 14
• Lessons in Tanya
• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Friday, Tevet 27, 5776 · January 8, 2016
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Friday, Tevet 27, 5776 · January 8, 2016
Today's Tanya Lesson
Likutei Amarim, middle of Chapter 14
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מה שאין כן בדבר המסור ללב, דהיינו שיהא הרע מאוס ממש בלב ושנאוי
It is different, however, with something entrusted to the heart, i.e., involving one’s feelings, meaning, in our case, that one’s heart actually abhor and despise the evil that he now craves,
בתכלית שנאה, או אפילו שלא בתכלית שנאה
[whether] with absolute hatred as the perfect tzaddik does, or even not quite so utterly, as does the “incomplete tzaddik.”
הנה זה אי אפשר שיהיה באמת לאמיתו אלא על ידי גודל ותוקף האהבה לה׳, בבחינת אהבה בתענוגים להתענג על ה׳
This cannot be attained in complete truth except through that level of intense love of G‑d called “love of delights,” which consists of delighting in G‑dliness,
מעין עולם הבא
akin to [the bliss of] the World to Come, concerning which our Sages say that souls “will bask in the radiance of the Divine Presence.” Only such “love of delights” creates a hatred of evil, as explained in the previous chapters.
ועל זה אמרו רז״ל: עולמך תראה בחייך כו׳, ואין כל אדם זוכה לזה כי זה כעין קבול שכר
Concerning one who experiences this [“love of delights”] our Sages said,1 “You shall see a glimmer of your reward in the World to Come in your lifetime.” Not every man is privileged to attain this state, for it is in the nature of a reward received from above, and a reward can only be received, not taken.
וכדכתיב: עבודת מתנה אתן את כהונתכם וגו׳
Thus it is written,2 “I (G‑d) will make your priestly office a rewarding service,”
Service of G‑d with this ecstatically blissful love is designated “priesthood” even though it is not restricted to the Kohanim, members of the priestly family of Aaron. The above-quoted verse tells us that this lofty level of divine service is a gift from G‑d,
כמו שכתוב במקום אחר
as is explained elsewhere.3
Consequently, the rank of tzaddik is not within every man’s reach: it is dependent upon one’s loathing of evil, which is in turn contingent on his experiencing that blissful love which is a gift from G‑d. The level of Beinoni, however, is attainable by all.
With this in mind, the Alter Rebbe clarifies the Talmudic passage that describes Job as saying to G‑d: “You have created tzaddikim (righteous men), and You have created resha‘im (wicked men).” In the first chapter of Tanya the Alter Rebbe asked: How can G‑d be said to have “created” righteous and wicked men? If man is wicked, it is his own doing. G‑d ordains only whether one shall be clever or foolish, strong or weak, and the like; he does not declare whether one will be righteous or wicked, for doing so would negate man’s freedom of choice. How, then, could Job say, “You have created men as tzaddikim and resha’im?”
The matter becomes clear, however, in light of the Alter Rebbe’s statement here that the ability to become a tzaddik is a gift from G‑d, not granted to every man. “You have created tzaddikim” thus means that G‑d created souls capable of attaining the rank of tzaddik. In the Alter Rebbe’s words:
ולכן אמר איוב: בראת צדיקים כו׳
Therefore did Job say, “You created tzaddikim….”
We can now understand Job’s statement as a reference to those souls created with the capacity of attaining the rank of tzaddik. (The meaning of “You have created resha‘im” is explained in ch. 27.)
וכדאיתא בתיקונים, שיש בנשמות ישראל כמה מיני מדרגות ובחינות
As stated in Tikkunei Zohar,4 there are many grades and degrees in Jewish souls:
חסידים, גבורים המתגברים על יצרם, מארי תורה, נביאים כו׳, צדיקים כו׳, עיין שם
Pious men (“chassidim”), strong men (“gibborim”) who gain mastery over their evil inclination, scholars of the Torah, prophets,...tzaddikim, and so forth. Note there.
Accordingly, within the ranks of the souls there are those who are categorized as tzaddikim.5
FOOTNOTES
1.Berachot 17a.
2.Bamidbar 18:7.
3.See further, ch. 43.
4.Introduction to Tikkunei Zohar 1b.
5.This appears to be the Alter Rebbe’s intention in citing Tikkunei Zohar. However, the Rebbe remarks: “This bears examination.” Possibly, the Rebbe is implying doubt as to whether the Alter Rebbe understands the mention of tzaddikim in Tikkunei Zohar as referring to those souls born with the capacity to become tzaddikim, since the other qualities mentioned there — especially those that characterize the “gibborim, who prevail with might over their Yetzer Hara” — are not hereditary, but are attained by dint of one’s efforts. On the other hand, “gibborim” may refer to souls that are inherently inclined toward Gevurah, as are “chassidim” toward Chesed, and so on.
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
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• Friday, Tevet 27, 5776 · January 8, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 159
Resting on the First Day of Passover
"And on the first day, there shall be a holy convocation"—Exodus 12:16.
We sanctify the fifteenth of Nissan, the first day of Passover, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Full text of this Mitzvah »
Negative Commandment 323
Working on the First Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the fifteenth of Nissan, the First Day of Passover.
Full text of this Mitzvah »
Resting on the Seventh Day of Passover
"And on the seventh day [of Passover] there shall be a holy convocation"—Exodus 12:16.
We are commanded to rest on the 21st of Nissan, the Seventh Day of Passover, by abstaining from any creative work, with the exception of work needed for food purposes.
Full text of this Mitzvah »
Negative Commandment 324
Working on the Seventh Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the 21st of Nissan, the Seventh Day of Passover.
Full text of this Mitzvah »
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 159
Resting on the First Day of Passover
"And on the first day, there shall be a holy convocation"—Exodus 12:16.
We sanctify the fifteenth of Nissan, the first day of Passover, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Full text of this Mitzvah »
Resting on the First Day of Passover
Positive Commandment 159
Translated by Berel Bell
The 159th mitzvah is that we are commanded to refrain from doing melachah on the first day1 of Pesach.
The source of this commandment is G‑d's statement (exalted be He),2 "The first day [of Pesach] shall be a sacred holiday."
Keep in mind the following introduction: in every case where the Torah says, "sacred holiday" [mikra kodesh], our Sages explain that the intention is, "one must sanctify it" [kadsheihu]. This means that one may not do any melachah unless it involves preparation of food, as explained in Scripture.3
We have already explained4 the statement of our Sages, "The term Shabbason indicates a positive commandment," i.e. for every day which is called Shabbason, it is as if it is written, "rest," or "you shall rest," all being commands to cease melachah. [A similar phrase,] Shabbsos Hashem,5 is used to refer to all the "special times," i.e. the Yomim-Tovim.
In many places in the Talmud6 it is said, "Yom-Tov is both a positive and a negative commandment." This means that refraining from melachah on every Yom-Tov is a positive commandment, and doing a prohibited melachah on Yom-Tov is a prohibition. Therefore, anyone who performs a melachah on Yom-Tov transgresses both a positive and a negative commandment.
The details of refraining from these types of melachah are explained in Tractate Yom-Tov [i.e. Beitzah].
FOOTNOTES
1.Outside of Israel, this mitzvah is for two days. This applies for all other Yomim Tovim as well.
2.Lev. 16:29.
3.Ex. 12:16. "The only [work] that you may do is that which is needed so that everyone will be able to eat." Nevertheless, there are many laws regarding the conditions necessary in order to be able to perform such a melachah. See the Shulchan Aruch for the relevant details.
4.See P165, notes and footnotes there.
5.Lev. 23:38.
6.Shabbos 25a. Beitzah 8b.
------------------------------------------------------------Negative Commandment 323
Working on the First Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the fifteenth of Nissan, the First Day of Passover.
Full text of this Mitzvah »
Working on the First Day of Passover
Negative Commandment 323
Translated by Berel Bell
The 323rd prohibition is that we are forbidden to perform melachah on the first day1 of Pesach.
The source of this commandment is G‑d's statement,2 "No melachah may be done on these days" [i.e. the first and the seventh days of Pesach].
FOOTNOTES
1.Ex. 12:16.
2.Outside of Israel, this mitzvah is for two days.
------------------------------------------------------------
Positive Commandment 160Resting on the Seventh Day of Passover
"And on the seventh day [of Passover] there shall be a holy convocation"—Exodus 12:16.
We are commanded to rest on the 21st of Nissan, the Seventh Day of Passover, by abstaining from any creative work, with the exception of work needed for food purposes.
Full text of this Mitzvah »
Resting on the Seventh Day of Passover
Positive Commandment 160
Translated by Berel Bell
The 160th mitzvah is that we are commanded to refrain from doing melachah on the seventh1 day of Pesach.
The source of this commandment is G‑d's statement,2 "The seventh day [of Pesach] shall be a sacred holiday."
FOOTNOTES
1.Outside of Israel, this mitzvah is for the seventh and eighth day.
2.Ibid.
-----------------------------------------------------------Negative Commandment 324
Working on the Seventh Day of Passover
"No manner of work shall be done"—Exodus 12:16.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the 21st of Nissan, the Seventh Day of Passover.
Full text of this Mitzvah »
Working on the Seventh Day of Passover
Negative Commandment 324
Translated by Berel Bell
The 324th prohibition is that we are forbidden to perform melachah on the seventh day of Pesach.
The source of this commandment is G‑d's statement,1 "No melachah may be done on these days," i.e. the first and the seventh days [of Pesach].
FOOTNOTES
1.Ibid.
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• 1 Chapter: Terumot Terumot - Chapter 15 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
• 1 Chapter: Terumot Terumot - Chapter 15 • English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Terumot - Chapter 15
Halacha 1
A sealed barrel [of wine that is terumah] makes a mixture miduma whatever the ratio [between it and the other barrels].
Halacha 2
When a sealed barrel [that contains terumah] becomes mixed with 100 barrels and then one falls into the Mediterranean Sea, they are all permitted. We assume that it is the one that is terumah that fell in. This is not the case when a fig falls into 100 figs. In the latter instance, it is necessary to set aside one [fig].3 [The rationale for the distinction is] that a barrel that falls into the sea is noticeable. A fig and the like which fall are not noticeable.
Halacha 3
When a sealed barrel [that contains terumah] becomes mixed with 100 barrels and one of them is opened,4 he should remove one hundredth of it,5 and then he may drink the barrel.6 The other barrels are, however, forbidden until they are opened. Whenever any one of them is opened, he should remove the percentage that causes the mixture to be miduma and drink the remaining hundred portions.
If a barrel [containing terumah] became mixed with 150 barrels and 100 of them were opened, he should remove the percentage that causes the mixture to be miduma, i.e., one barrel and drink [he remaining barrels]. The remaining 50 are still forbidden; we do not presume that the barrel that was terumah was among the majority [that were opened].7 Even if there are several thousand barrels, they are all considered miduma. Whenever any one is opened, he should remove one hundredth of it and then he may drinking the remainder [of that barrel]. The other barrels, however, are miduma,
Halacha 4
We have already explained in Hilchot Ma'achalot Assurot8 that a leavening agent or a spice9 causes a mixture to be forbidden regardless of how small the amount is mixed in.10 Therefore if a person pureed an apple that wasterumah and put it in a dough and it caused [the dough] to leaven, the entire dough becomes miduma and is forbidden to non-priests.
Halacha 5
When an egg, even its yolk,11 was flavored with spices that are terumah, it is forbidden, because it absorbs.
Halacha 6
When yeast that is terumah fell into a dough and it was removed and afterwards, the mixture became leavened, [the dough] is permitted.12
Halacha 7
We have already explained13 that if terumah becomes mixed with a substance of a different type, [the mixture is forbidden if the terumah] imparts its flavor [to the mixture]. Therefore, [the following laws apply when] a diced onion is cooked together with other food. If the onion is terumah and the other food is ordinary produce and it is flavored by the onion, the other food is forbidden to non-priests. If the onion is ordinary produce and the cooked food is terumahand the flavor of the cooked food was imparted to the onion, the onion is forbidden [to non-priests].14
Halacha 8
[The following laws apply if] lentils were cooked and then a dry onion was placed among them: If the onion was whole, it is permitted.15 If it was diced, [the ruling depends on whether] its flavor was imparted.16 If he cooked the onion with the lentils, whether it is whole or diced, we estimate whether it imparted its flavor.17 With regard to the remainder of the cooked food,18regardless of whether the onion was placed upon it after it was cooked or cooked with it, or whether it was whole or diced, we estimate whether it imparted its flavor.19
Why do we not estimate [whether flavor was imparted] when a whole onion was placed among cooked lentils? Because it does not absorb from them, for it is whole, nor does it impart [flavor] to them, because they have already been cooked. If the onions were soft,20 it is considered as if they were diced. Similarly, if its tip or its outer shell21 was removed or it was moist, it is considered as if it was diced. Wild onions, whether moist or dry, whether whole or diced, we see if they have imparted their flavor.
Halacha 9
When one pickles vegetables that are ordinary produce with those of terumah,they are permitted to non-priests22 with the exception of onions, scallions, and garlic.23 [With regard to these species,] if one pickled vegetables that are ordinary produce with onions that are terumah or onions that are ordinary produce with onions that are terumah, they are forbidden to non-priests. If one pickled vegetables that are terumah with an onion that is ordinary produce, the onion is permitted to non-priests.24
Halacha 10
[The following rules apply when] olives that are ordinary produce were pickled together with olives that are terumah. If they were both crushed, or the ordinary olives were crushed, but those which were terumah were whole,25 or they were pickled in brine that was terumah, they are forbidden to non-priests.26 If, however, they were both whole or the olives that were terumahwere crushed and those that were ordinary produce were whole, they are permitted, because those that are crushed absorb from those which are whole.
Halacha 11
Water in which terumah was pickled or cooked is forbidden to non-priests.27
Halacha 12
The laws governing terumah apply to anise as long as it has not yet flavored a dish [of food].28 Once it has flavored a dish, the laws of terumah no longer apply.
Halacha 13
Halacha 14
When an oven has been heated with cumin that is terumah, the bread is permitted. For it does not have the flavor of the cumin, only its fragrance and fragrance does not create a prohibition.31
Halacha 15
When barley that is terumah falls into a cistern of water, the water is permitted even if [the barley] spoils the flavor of the water, for food that imparts an undesirable flavor does not bring about a prohibition.32
Halacha 16
Halacha 17
When there are two cups of wine: one of terumah and one of ordinary wine35and they were each mixed with water and then combined, we consider it as if the ordinary wine was not present and as if the wine that was terumahwas mixed with the water alone, for water is not of its type. If that water is sufficient to nullify the taste of the terumah wine in the mixture, the entire mixture is permitted to non-priests. If not, it is forbidden, for as we have explained,36water does not nullify wine.
Halacha 18
When wine that is terumah falls on produce, one may wash the fruits and they are permitted.37 Similarly, when oil that is terumah falls on produce, one may wash the fruits and they are permitted.38
When oil [that is terumah] falls on [ordinary] wine, one should make it coagulate39 and the wine is then permitted to non-priests. If [oil that isterumah] mixes with brine, it should be made to coagulate, then the upper layer of the brine should be removed40 so that all the brine that has the taste of oil will be removed.
Halacha 19
A pot in which terumah was cooked should not be used to cook ordinary produce. If it was cooked in it, it causes it to be forbidden if its flavor is recognizable. If he washes out the pot with wine or with water, it is permitted to cook in it.41 If he cooked [terumah] in part of the pot, it is not necessary to wash out the entire pot, only the place where it was cooked.42
Halacha 20
The great terumah, terumat ma'aser, challah,43 and the first fruits are all referred to as terumah.44 With regard to terumat ma'aser, [Numbers 18:26] states: "And you shall remove the terumah of G‑d from it" and [ibid. 15:20] states that it should be "like the terumah of your grain heap."45
With regard to challah, [ibid.] states: "You shall separate challah as terumah." And [Deuteronomy 12:17]: "You may not eat in your gates the tithes of your grain, your wine, and your oil,... and the terumah of your hand." Now there are no substances that are required to be brought [to Jerusalem to be eaten] that are not explicitly mentioned in the verse except the first fruits. Thus the phrase "the terumah of your hand" can be applied to them. Thus we see that they are [also] called terumah.
Halacha 21
Therefore the laws regarding partaking of all four types of substances and mixtures of them and other substances are the same. All can be nullified in a mixture of 101 times the original substance. They are also all combined with each other.46 If they become impure, they should all be burnt. The laws that apply to terumat ma'aser that is demai,47 are the same that apply to terumat ma'aser separated from produce [from which the tithes were] definitely [not separated]. It is only that its violation is not punishable by lashes.
Halacha 22
Anyone who partakes of terumah should recite the blessing for that particular food and then recite the blessing:487 "[Blessed are You... who has sanctified us with the holiness of Aaron and commanded us to partake of terumah."49We have received the tradition and observed that people would recite this blessing even when partaking of challah separated in the Diaspora.50 For even partaking of sacred foods from the boundaries [of our Holy Land] is like service [in the Temple],51 as [Numbers 18:7] states: "I have granted you your priestly service as a gift."
Blessed be the Merciful One who grants assistance.
| FOOTNOTES | |
| 1. |
This follows the principle devar shebiminyan lo betal: "The presence of an object that is sold by number is never considered insignificant." Since these objects are sold by number, each one is considered important and it is not appropriate to say that one is insignificant (Hilchot Ma'achalot Assurot 16:1-3).
|
| 2. |
For once the barrels are opened, they are no longer considered as important. It is, however, forbidden to open the barrels, for this would be considered as purposefully nullifying a forbidden substance and that is prohibited (Radbaz).
|
| 3. |
And give it to a priest. The Jerusalem Talmud (Terumot 4:7) records a difference of opinion concerning this matter between Reish Lakish and Rabbi Yochanan. Reish Lakish's opinion is the one cited by the Rambam. Rabbi Yochanan, however, differs and maintains that the same law applies even with regard to figs. The Rambam rules according to Reish Lakish's opinion, for the Babylonian Talmud (Zevachim 74b) mentions his view only and not that of Rabbi Yochanan. See also Hilchot Avodat Kochavim 7:10 where the Rambam issues a similar ruling.
The Ra'avad does not accept this ruling. He maintains that the Babylonian Talmud mentions Reish Lakish's opinion only in connection with the discussion of another minority view. Hence, it is not necessary to mention Rabbi Yochanan's view.
|
| 4. |
Inadvertently. It is forbidden to open such a barrel intentionally.
|
| 5. |
More precisely, 1/101. I.e., the percent of the mixture that is terumah. This is given to a priest.
|
| 6. |
It is true that this ruling is somewhat problematic. For if the barrel is in fact terumah, the entire barrel, not only the hundredth portion, must be given to the priest. And if it is not terumah, it is permitted to drink it in its entirety. Nothing need be given to the priest.
The Ma'aseh Rokeach explains the reason for the stringency. Were this safeguard not taken, one might permit the barrels even when they were all opened.
|
| 7. |
Although when considering those barrels, it is necessary to give a barrel to a priest because of the suspicion that one is terumah, we are still stringent regarding those remaining.
|
| 8. |
Chapter 16, Halachah 1.
|
| 9. |
Based on Hilchot Ma'achalot Assurot 16:26, the Radbaz states that this same law applies ifterumah is used to cause cheese to harden.
|
| 10. |
I.e., the standard ration of 1/101 is not effective to nullify the terumah. In his Commentary to the Mishnah (Orlah 2:4; Terumot 10:2), the Rambam explains that since the effects of the terumahare evident in the food - it rises or it is spiced because of it - we cannot say that the terumah is nullified.
|
| 11. |
We are speaking about a situation where the egg is cooked whole. Thus despite the fact that the yolk is on the inside and covered by the whites, a spice intended for it can cause it to be forbidden, because it absorbs (Radbaz, Kessef Mishneh).
|
| 12. |
Since the yeast was removed, we do not say that it caused the dough to rise. Instead, we assume that the dough rose on its own accord (Radbaz).
|
| 13. |
Chapter 13, Halachah 2; Hilchot Ma'achalot Assurot 15:1,6.
|
| 14. |
How do we know whether the flavor of the terumah was imparted to the mixture. We give it to a priest to taste (ibid. 15:29).
|
| 15. |
In his Commentary to the Mishnah (Terumot 10:1), the Rambam explains that this applies whether the onion is terumah and the lentils ordinary produce or the reverse. In both instances, since the lentils are already cooked and the onion is whole, there is little likelihood that one will absorb the flavor from the other.
|
| 16. |
Here also the same principle applies whether it is the onion or the lentils which are terumah. Since the onion is diced, it will both impart and absorb flavor easier.
|
| 17. |
Since the onion is cooked, even if it is whole, it can both impart and absorb flavor easily.
|
| 18. |
I.e., in addition to the lentils.
|
| 19. |
As the Rambam proceeds to explain, lentils are considered as being unique. Once they are cooked, they do not absorb flavor from other foods easily. Other foods are more absorbent. Even after they have been cooked, they may absorb the flavor of the onion.
|
| 20. |
The Kessef Mishneh suggests that the text should read rabbim, "many," instead of rachim, "soft;" i.e., one onion that is whole will not impart that much flavor, but several onions will.
|
| 21. |
Once the tip or the outer shell is removed, its flavor will be imparted easily even though it is still whole.
|
| 22. |
In certain contexts (see Hilchot Ma'achalot Assurot 15:34), pickling is considered as cooking. Nevertheless, in this instance, the Rambam rules leniently.
|
| 23. |
Because their sharp and pungent taste nature causes their flavor to be imparted to any vegetables pickled with them [the Rambam's Commentary to the Mishnah (Terumot 10:10)].
|
| 24. |
For the onion will not absorb the flavor of the other produce.
|
| 25. |
When olives are crushed, they will absorb easier [the Rambam's Commentary to the Mishnah (Terumot 10:7)].
|
| 26. |
For the brine imparts its flavor to the objects pickled in within it.
|
| 27. |
For it has absorbed the flavor of the terumah.
|
| 28. |
Anise is used as flavoring. Once it has flavored other foods, it is discarded. Hence, until it has flavored other foods, it is significant and the laws of terumah apply. Afterwards, it is considered as a wasteproduct (Radbaz).
|
| 29. |
Even though the bread may absorb the fragrance of the wine, it does not absorb its substance and the fragrance alone is of no consequence. This is a general principle that applies with regard to all prohibited foods; see Hilchot Ma'achalot Assurot 15:33.
|
| 30. |
It is considered as the actual substance of the wine has been imparted to the bread.
|
| 31. |
In Hilchot Ma'achalot Assurot 16:22, the Rambam writes that when an oven is heated with shells of produce that is orlah or mixed species in a vineyard, whatever is cooked in the oven is forbidden. The commentaries note, however, that there is a fundamental distinction between the two instances. It is forbidden to benefit from - not only to eat - the prohibited substances mentioned in Hilchot Ma'achalot Assurot. It is, by contrast, permitted to benefit from terumah.
|
| 32. |
This concept also applies with regard to all the Torah's prohibitions; see Hilchot Ma'achalot Assurot 15:28.
|
| 33. |
A pungent herb.
|
| 34. |
I.e., without the influence of the plant whose flavor is similar to that of the seeds. The rationale is that the plant is not considered as terumah [the Rambam's Commentary to the Mishnah (Terumot10:5)]. See also Chapter 2, Halachah 4.
|
| 35. |
And the ordinary wine is less than 100 times the amount of terumah wine.
|
| 36. |
See Chapter 13, Halachah 9, which explains that the water is not combined with the ordinary wine to create a mixture 100 times the amount of the terumah.
|
| 37. |
The Radbaz notes that in Hilchot Ma'achalot Assurot 16:32, the Rambam writes a similar law with regard to wine associated with idol worship that fell on produce. There, however, he rules stringently, stating that the fruits are forbidden if the wine is poured upon them while they are broken open. The Radbaz explains that the Rambam did not mention the point here, because he relied on what he had stated earlier. Indeed, if the fruit was broken open and the wine improved its flavor, it should be sold to a priest at the price of terumah.
|
| 38. |
Even though oil is more likely to cling to fruit than wine, it is sufficient to wash the fruit. Generally, oil does not improve the taste of fruit (Radbaz).
|
| 39. |
For in this way, the oil can be removed without it mixing with the wine. Similarly, oil impairs the flavor of wine (ibid.).
|
| 40. |
This stringency is necessary, because oil improves the flavor of brine (ibid.).
|
| 41. |
The Ra'avad questions the Rambam's ruling, asking why this instance is different from the laws involving non-kosher food absorbed in a utensil. In that instance, it is not sufficient to wash out the utensil, one must perform hagalah, boiling water in the utensil to purge the absorbed matter. The Radbaz explains that the Rambam maintains that this concept applies with regard to sanctified foods and other prohibitions, but not with regard to terumah. The rationale is that if the priests consider the terumah insignificant - as would be the case with regard to terumah absorbed in a pot - it is no longer of consequence. He draws support for this explanation from the mishnah inTerumot 11:8 (quoted in Chapter 11, Halachah 15) which states that after one pours out the contents of a jug of wine of terumah, one can pour ordinary wine into the container even if there is a small amount of residue from the previous wine. This explanation is also given in one of the responsa ascribed to the Rambam in a response to a question concerning this subject by the sages of Lunil. The Kessef Mishneh also cites these ideas and states that the reason the Rambam requires that the pot be washed out is because the contents are being cooked. If they were not to be cooked, even washing would not be necessary.
|
| 42. |
This leniency applies only with regard to terumah and not to prohibited food absorbed in a utensil. The rationale is the same as in the previous note: Since the priests consider this terumahinsignificant, we do not show concern about it (Radbaz).
|
| 43. |
The portion of dough that must be separated and given to a priest.
|
| 44. |
See Chapter 10, Halachah 4.
|
| 45. |
This verse refers to challah; or it is comparing challah to the great terumah. Perhaps a scribal error crept into the text and this was intended as support for the following clause. The Radbaz, however, gives an explanation why it was included here.
|
| 46. |
I.e., to cause a mixture to be forbidden to non-priests.
|
| 47. |
Produce from which we are unsure that the tithes have been separated.
|
| 48. |
For partaking of terumah is a mitzvah and we are required to recite a blessing before the observance of all mitzvot (Kessef Mishneh).
|
| 49. |
See Hillchot Bikkurim 1:2.
|
| 50. |
Even though it is only a Rabbinic commandment.
|
| 51. |
Pesachim 72b relates that one day Rabbi Tarfon did not come to the House of study. Rabban Gamliel rebuked him for his absence. Rabbi Tarfon answered that he was carrying out priestly worship. Rabban Gamliel asked him how that was possible, for they lived in the era of the Temple's destruction. Rabbi Tarfon replied that partaking of terumah was equivalent to serving in the Temple.
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• 3 Chapters: Shevitat Yom Tov Shevitat Yom Tov - Chapter One, Shevitat Yom Tov Shevitat Yom Tov - Chapter Two, Shevitat Yom Tov Shevitat Yom Tov - Chapter Three • English Text | Hebrew Text | Audio: Listen | Download• Shevitat Yom Tov - Chapter One
• 3 Chapters: Shevitat Yom Tov Shevitat Yom Tov - Chapter One, Shevitat Yom Tov Shevitat Yom Tov - Chapter Two, Shevitat Yom Tov Shevitat Yom Tov - Chapter Three • English Text | Hebrew Text |
Audio: Listen | Download• Shevitat Yom Tov - Chapter One
Halacha 1
The six days on which the Torah forbade work are the first and seventh days of Pesach, the first and eighth days of the festival of Sukkot, the festival of Shavuot, and the first day of the seventh month.1 They are referred to as holidays.
The [obligation to] rest is the same on all these days; it is forbidden to perform all types of servile labor,2 with the exception of those labors necessary for [the preparation of] food, as [implied by Exodus 12:16]: "Only that [labor] from which all souls will eat [may you perform]."
Halacha 2
Anyone who rests from "servile labor" on one of these days fulfills a positive commandment,3 for [the Torah] describes them as Sabbaths - i.e., days of rest.4
Whoever performs a labor that is not for the sake of [the preparation of] food on one of these days - e.g., he builds, destroys, weaves, or the like5 - negates [the performance of] a positive commandment and violates a negative commandment6, as [Leviticus 23:7] states: "You shall not perform any servile labor," and [Exodus 12:6] states: "You shall not perform any work on them."
If a person performs [a forbidden labor when observed] by witnesses and [after] receiving a warning, the Torah prescribes that he receive lashes [as punishment].7
Halacha 3
When a person performs several forbidden labors on a holiday after being warned once - e.g., he sows, builds, destroys, and weaves - after receiving a single warning,8 he receives only a single [set of] lashes. There is a distinction between the categories of forbidden labor on the Sabbath, but there is no such distinction on the holidays.9
Halacha 4
A person may be [punished by] lashes for performing on a holiday any labor for which he is liable on the Sabbath, if it is not necessary for the preparation of food, with the exception of the transfer of articles from one domain to another and the kindling of a fire.10
[With regard to these two forbidden labors, an exception is made.11] Since it is permitted to transfer articles for the sake of [the preparation of] food [on holidays], [this activity] was permitted even when it is not necessary for [the preparation of] food. Therefore, it is permitted to transfer an infant, a Torah scroll, a key, or the like from one domain to another. Similarly, it is permitted to kindle a fire, even though it is not for the purpose of [the preparation of] food.12
With regard to the other forbidden labors, [the following principles apply:] Whenever the activity is necessary for [the preparation of] food - e.g., slaughter, baking, kneading, or the like - it is permitted. If it is not necessary for [the preparation of] food - e.g., writing, weaving, building, and the like - it is forbidden.
Halacha 5
Whenever it is possible to perform a labor on the day prior to the holiday without causing any loss or inadequacy, our Sages forbade13 performing such a labor on the holiday itself, even if it is performed for the sake of [the preparation of] food.
Why was this forbidden? This was a decree [instituted], lest a person leave for the holiday all the labors that he could have performed before the holiday, and thus spend the entire holiday performing those labors. Thus, he will be prevented from rejoicing on the holidays and will not have the opportunity to [take pleasure in] eating and drinking.14
Halacha 6
For this very reason, [our Sages] did not forbid transferring articles on a holiday, although the transfer of all [articles] is a task that could be performed before the holiday.
Why was this not forbidden? To increase our festive joy, so that a person can send and bring anything he desires, and thus fulfill his wants, and not feel like someone whose hands are tied.15 With regard to other labors that are possible to be performed on the day before the holiday, since they involve [prolonged] activity, they should not be performed on a holiday.
Halacha 7
What is implied? On a holiday, we do not harvest, thresh, winnow, separate, or grind grain, nor do we sift [flour].16 For all these and any similar activities can be performed on the day prior to the holiday without causing any loss or inadequacy.
Halacha 8
We may, however, knead, bake, slaughter, and cook on a holiday, since if these activities had been performed on the previous day, the taste would be adversely affected. For warm bread or food that is cooked today does not [taste] the same as bread or food that was cooked the day before. Similarly, meat that is slaughtered today does not [taste] the same as meat slaughtered on the previous day. The same rules apply in all analogous situations.17
Similarly, when it would be detrimental for subsidiary activities [involved in the preparation] of food to be performed on the day [before the holiday] - e.g., grinding spices and the like - they may be performed on the holiday.
Halacha 9
It is forbidden to bake or cook food on a holiday [that one intends] to eat during the week,18 because work necessary for [the preparation of] food was permitted solely so that pleasure could be derived from it on a holiday. If, however, one [cooks food] to be eaten on the holiday, and there is food left over, the remainder may be eaten during the week.19
Halacha 10
A woman may fill a pot with meat although she needs only one piece.20 A baker may fill an entire drum with water [to boil] although he needs only one jug.21 And a woman may bake an entire oven full of bread although she needs only a single loaf, for when there is a large quantity of bread in an an oven, it bakes better.22
Halacha 11
When a person cooks or bakes on a holiday with the intent of eating the food on that day, or he has invited guests and they did not come, and cooked food or bread remains, [the food] is permitted to be eaten on the following day, whether it is a weekday or the Sabbath,25 provided one does not act with guile.26
If, however, one acts with guile, he27 is forbidden [to partake of the food], even on a Sabbath that follows the holiday. For greater stringency is shown with one who acts with guile than with one who violates the prohibition [against preparing food for the following day on a holiday] intentionally.28
Halacha 12
A person who has an animal that is dangerously ill29 should not slaughter it on a holiday unless he knows that he will be able to eat30 [at least] an olive-sized [portion] of roasted meat before the holiday is completed. [In this way,] he will not be slaughtering [an animal] on a holiday to partake of its meat on an ordinary day. The same principles apply in other similar situations.
Halacha 13
We may not bake and cook on a holiday in order to feed gentiles31 or dogs, as [indicated by Exodus 12:16]:32 "This alone is permitted for you" - i.e., [the leniency is] "for you" and not for gentiles, "for you" and not for dogs.
For this reason, it is permitted to invite a gentile [to share one's meal] on the Sabbath, but not on a holiday, lest one add [more food] for him.33 If, however, a gentile comes [to a Jewish household on a holiday] on his own initiative, he may eat [the food] they eat together with them, for it has already been prepared.
Halacha 14
On a holiday, it is permissible to slaughter an animal that is owned partially by a Jew and partially by a gentile. [This is permitted although the gentile benefits,] because it is impossible [for the Jew] to partake of an olive-sized portion [of the meat belonging to him] without slaughtering the animal.
When, by contrast, dough is owned partially by a Jew and partially by a gentile, it is forbidden to bake it [on a holiday], because the dough can be divided.
[The following rule applies when] the soldiers [of a gentile army] give flour to a Jew and request that he bake them bread on a holiday: If they do not object to giving some of the bread to a baby, it is permitted for him to bake on the holiday. For every loaf of bread is fit to be given to the baby.34
When the shepherds also eat from the loaves they give to the dogs, these loaves may be baked on a holiday.35
Halacha 15
A person who cooks on a holiday for gentiles, for an animal or to keep for a weekday should not be given lashes, because if guests came, the cooked food would be fit to serve them.36 If a person prepares [food] for himself and [food] remains, he is permitted to give it to a gentile or to an animal.
Halacha 16
Bathing and anointing37 oneself are considered in the general category of eating and drinking. They are permitted on a holiday [as indicated by Exodus 12:16]: "Only that [labor] from which all souls will eat [may you perform]" - i.e., all the needs of the body [are permitted].38
Halacha 17
All [activities] that are forbidden on the Sabbath, whether because they resemble a [forbidden] labor, might lead to a forbidden labor, or are placed in the category of sh'vut,43 are forbidden on a holiday unless they are necessary for the preparation of food and the like, or for other purposes that are permitted on a holiday, as will be explained in these laws.
Everything that is forbidden to be carried on the Sabbath,44 is forbidden to be carried on a holiday, except for the purpose [of the preparation] of food and the like. Whatever [activities] may be carried out on the Sabbath may be carried on the holidays. There is, however, [a category of prohibitions] that apply on the holidays, but do not apply on the Sabbath: the prohibitions against muktzeh.45
Muktzeh is forbidden on a holiday, but permitted on the Sabbath. [The rationale is] since the [restrictions pertaining to] the holidays are more lenient than those of the Sabbath, [our Sages] forbade muktzeh, lest one come to treat the holidays with disrespect.46
Halacha 18
What is implied? When a chicken is set aside to lay eggs, an ox is set aside to plow, and doves in a dovecote47 or produce are set aside for sale, these and any similar articles are considered to be muktzeh and may not be eaten on a holiday.
[For them to be permitted,] it is necessary to prepare them on the previous day and have the intent that one will partake of them.48On the Sabbath, by contrast, everything is considered to be prepared and there is no need for preparation.
Just as muktzeh is forbidden on a holiday, so too, an object that first came into existence on the holiday is forbidden.
Halacha 19
[Food] may be prepared49 on a weekday for the Sabbath and [food] may be prepared on a weekday for a holiday, but [food] may not be prepared on a holiday for the Sabbath, nor may [food] be prepared on the Sabbath for a holiday.
Therefore, an egg that was laid on a holiday that follows the Sabbath is forbidden50 - even though the chicken is set aside to be eaten51 - since the egg was finished on the previous day and thus the Sabbath would be preparing for a holiday.
[Our Sages] forbade [eating] an egg that was laid on any holiday. [This is] a decree, [lest one eat an egg laid] on a holiday that follows the Sabbath. Similarly, [our Sages] forbade [eating] an egg that was laid on any Sabbath. [This is] a decree, lest one eat an egg laid] on a Sabbath that follows a holiday.52
Halacha 20
Just as it is forbidden to partake of this [egg], so too, is it forbidden to carry it.53 Even if it becomes mixed with a thousand [other eggs], they are all forbidden. For on the morrow, they will all be permitted, and [the existence of] any forbidden article that will ultimately become permitted is never considered inconsequential, even when mixed with thousands of thousands.54
When a person slaughters a chicken on a holiday and within the chicken finds eggs that already have a shell, it is permitted [to partake of] them, for this is not a frequent circumstance. And [our Sages] did not institute decrees regarding infrequent circumstances that occur only incidentally.55
Halacha 21
Our celebration of every holiday for two days in the diaspora is merely a custom.56 For the second day of the holiday is a Rabbinic institution, innovated during the exile. The inhabitants of Eretz Yisrael observe a holiday for two days only on Rosh HaShanah.57
In Hilchot Kiddush HaChodesh in this volume the fundamental principles pertaining to this custom and the rationale why Rosh HaShanah is universally observed for two days will be explained.
Halacha 22
Although the second day of a holiday is merely a Rabbinic institution, everything that is forbidden on the first day is forbidden on the second. Whoever desecrates the second day of a holiday, even the second day of Rosh HaShanah,58 whether with regard to a prohibition in the category ofsh'vut, the performance of a forbidden labor, or by proceeding beyond the [2000-cubit city] limits should be punished by stripes for rebelliousness or should be placed under a ban of ostracism,59 unless [the violator] was a student [of the Torah].60
Just as it is forbidden to deliver eulogies or to fast on the first day of a holiday and we are obligated to rejoice on that day,61 so too, [these same prohibitions and obligations apply] on the second day. There is no difference between them except with regard to [the care of] a corpse.
Halacha 23
What is implied? On the first day of a holiday gentiles should be involved62with the burial of a corpse,63 and on the second day these activities should be performed by a Jew.64
Everything necessary [for the burial] may be performed - e.g., making a bier, sewing shrouds, picking herbs, and the like. With regard to a corpse, the second day of a holiday is considered to be an ordinary weekday. This applies even to the second day of Rosh HaShanah.
Halacha 24
The two days observed in the diaspora are considered two separate expressions of holiness and are not considered to be a single [extended] day.65 Therefore, an entity that was considered muktzeh on the first day, or first came into existence on the first day, is permitted on the second day if it was designated [for use on that day].
What is implied? An egg that was laid on the first day of a holiday may be eaten on the second. [Similarly,] beast or fowl that were trapped on the first day may be eaten on the second day. [Produce] that was attached to the ground on the first day and separated from it [on that day] may be eaten on the second day. Similarly, one may paint one's eyes on the second day,66even though one does not feel infirmity.
When does the above apply? To the second days of holidays observed [only] in the diaspora. The two days of Rosh HaShanah are considered to be a single expression of holiness; they are considered to be one [long] day67 with regard to all matters, with the exception of [burying] the dead. An egg that is laid on the first day of Rosh HaShanah is forbidden on the second day. The same applies in all similar instances.
When either the Sabbath or a holiday follows directly after the other, an egg laid on one is forbidden on the other. The same applies with regard to all similar situations.68 Even if an egg was laid on the second day [of a holiday, and that second day] is followed by the Sabbath, the egg should not be eaten on the Sabbath.
| FOOTNOTES | |
| 1. |
I.e., Rosh HaShanah, the first of Tishrei, which is the seventh month when counting from Nisan. Significantly, the name Rosh HaShanah is not mentioned in the Torah at all.
|
| 2. |
Our interpretation of the words מלאכת עבודה as "servile labor" is based on the gloss of the Maggid Mishneh on Halachah 5. There he interprets it as referring to tasks that a person would hire a servant to do rather than perform himself.
In his commentary on the Torah (Leviticus 23:7), the Ramban explains that with the expression "servile labor," the Torah intends to distinguish between work performed to prepare food (which he terms "gratifying labor") and the other forms of labor. According to the Ramban, the Torah never forbade the performance of the activities included in the labors necessary for the preparation of food. Any restrictions placed on them are Rabbinic in nature.
The Ramban's conception is also reflected in the statements of Rashi (Beitzah 12a), who interprets the Talmud's ruling (see Halachah 4), "Since [these labors] were permitted for the sake [of preparing food], they are permitted even when [they are performed] without such an intent," as meaning that, according to the Torah, there is no prohibition against performing these labors at all.
Tosafot (Beitzah, loc. cit.) differs and explains that for the performance of a labor to be allowed by the Torah, it must in some way contribute to the pleasure of the holiday. Otherwise, it is forbidden. According to this conception, all the thirty-nine labors forbidden on the Sabbath are prohibited on the holidays as well. There is, however, special dispensation to perform these labors when doing so will increase our holiday pleasure.
The Maggid Mishneh interprets the Rambam's citation of the expression "servile labor" as an indication that he follows the perspective shared by Rashi and the Ramban. Other authorities (e.g., the Lechem Mishneh and the Pri Chadash) do not agree with the Maggid Mishneh'sinterpretation and explain that the Rambam favors the other position. [See also the Chemdat Yisrael, who explains that the Rambam's statements in Sefer HaMitzvot (Negative Commandment 328) do not concur with the Maggid Mishneh's conception of the Rambam's position.] Note the treatment of this subject in the Or Sameach and in Likkutei Sichot, Vol. XI. (See also the notes on Halachah 4.)
|
| 3. |
Sefer HaMitzvot (Positive Commandments 159-160, 162-163, 166-167) and Sefer HaChinuch(Mitzvot 297, 300, 308, 310, 318, 321) include these six in the reckoning of the Torah's 613 mitzvot.
|
| 4. |
Note Sefer HaMitzvot (Positive Commandment 159), which in addition to the term shabbaton, "day of rest," also mentions the phrase mikra kodesh, "holy convocation," as indicating that one is commanded to sanctify the day by ceasing to perform labor.
|
| 5. |
I.e., any of the 28 of the 39 labors forbidden on the Sabbath that do not involve the preparation of food. (See Hilchot Shabbat 7:1.)
|
| 6. |
Sefer HaMitzvot (Negative Commandments 323-326, 328-329) and Sefer HaChinuch (Mitzvot 298, 301, 309, 311, 319 and 323) include these six in the reckoning of the Torah's 613 mitzvot.
|
| 7. |
This is the minimum punishment given for the violation of a negative commandment that involves a deed.
|
| 8. |
Pesachim 48a, moreover, states that even if a person is given separate warnings for each forbidden labor, each activity is not considered to be a separate violation.
|
| 9. |
The Rambam is referring to the ruling (Hilchot Shabbat 7:7-8) that requires a person who performs activities that fall into two different categories of forbidden labor on the Sabbath to bring two different sin offerings. The performance of an activity from each category of forbidden labor is considered to be a separate violation. Such a distinction does not apply with regard to the performance of forbidden labors on the holidays.
|
| 10. |
The Maggid Mishneh explains the Rambam's position as follows: All the labors forbidden on the Sabbath that involve preparation of food are not prohibited on the holidays. In addition, there are two forbidden labors, kindling a flame and transferring articles, which do not necessarily involve the preparation of food. Nevertheless, since they are sometimes necessary for the preparation of food, they are permitted without any restriction.
Other authorities (e.g., Pri Chadash, Pri Megadim) interpret the Rambam's statements as meaning that even the forbidden labors involved with the preparation of food are permitted only for that purpose. If, however, one performs one of these labors for other reasons - e.g., one cooks food solely to give to animals - one is liable. Moreover, if one performs a forbidden labor that is not usually involved in the preparation of food for the purpose of preparing food, one is liable.
There is a third interpretation, that of the Mabit. (In his Responsum 124, however, he follows the second view.) According to the view he expresses in Kiryat Sefer, even if one performs a forbidden labor (that is not usually involved in the preparation of food) for the purpose of preparing food, one is not liable. As proof, he cites the example of making cheese, an act that the Rambam (Hilchot Shabbat 10:13) considers a derivative of the forbidden labor of building. Nevertheless, making cheese on a holiday is not considered a violation of a forbidden labor and is forbidden only as a sh'vut.
|
| 11. |
The reason for these two exceptions is as follows: Both are often involved in the preparation of food. Alternatively, the transfer of articles is considered "an inferior labor" (Tosafot, Beitzah 12a), and Exodus 35:3: "Do not kindle fire... on the Sabbath day," is interpreted also as an exclusion, indicating that kindling fire is forbidden on the Sabbath, but not on holidays.
|
| 12. |
As mentioned in the notes on Halachah 1, Tosafot requires that the activity bring a person some pleasure. This view is also reflected in the Ra'avad's gloss.
|
| 13. |
The Maggid Mishneh quotes the Ra'avad as stating that this prohibition has its source in the Torah itself. Indeed, the Jerusalem Talmud (Beitzah 1:10) and certain passages in the Babylonian Talmud (Shabbat 95a; Chaggigah 18a) support this view. Nevertheless, most later authorities accept the Rambam's view that the prohibition is Rabbinic in origin.
|
| 14. |
The Ra'avad gives a different rationale: that the extra effort involved in the performance of these activities is out of place on a holiday.
|
| 15. |
The Ra'avad differs with the extent of the leniency granted by the Rambam, restricting it to sending containers and food. He also differs regarding the rationale, explaining that sending the articles on the holiday is a greater expression of honor and respect. The Rambam's ruling is quoted by the later authorities.
|
| 16. |
All these labors, although necessary for the preparation of food, are not intended for the preparation of a particular cooked dish or loaf of bread. Rather, one performs these activities for several days in advance. Therefore, our Sages desired that these activities should not be performed on the festival itself.
It must be noted that these forbidden labors are specifically mentioned in the passage from the Jerusalem Talmud cited above, which states that the prohibition against performing such activities stems from the Torah itself.
|
| 17. |
The Rambam's rationale depends on the concept of freshness. Food that is not fresh loses a certain amount of its flavor. The Ra'avad questions this principle, noting that produce harvested today is also fresher and tastier than produce harvested on the day before. Several authorities offer different observations to counter the Ra'avad's thesis.
|
| 18. |
See Tz'ror HaChayim, which mentions various opinions concerning whether this prohibition has its origin in the Torah itself or in Rabbinic decree. In conclusion, he favors the opinion that the prohibition is Scriptural in origin. (See also Halachah 15.) The doubt exists only with regard to the Rambam's position. Tosafot and others maintain that the prohibition is Scriptural in origin (Shulchan Aruch HaRav 503:1).
|
| 19. |
If, however, one cooked food on a holiday with the intent of eating it on the following day, many authorities (Shulchan Aruch HaRav 503:13) allow the food to be eaten after the holiday. (See also Halachah 11 and notes.)
|
| 20. |
The reason is that the meat is tastier when cooked with many pieces together (Maggid Mishneh).
|
| 21. |
This gives us a second rationale for the leniency of preparing a larger quantity of food than one needs immediately: when, as in the instance mentioned, there is no extra work involved in preparing a large quantity as compared to a small quantity. If either of these two rationales applies, leniency may be taken and the extra amount prepared.
Once, however, the water is left to boil, an additional amount may not be added (Ramah, Orach Chayim 103:2).
|
| 22. |
Rabbenu Yonah explains that this applied in Talmudic times, when the ovens were small. In such an instance, a large number of loaves were placed in the oven at the same time, and it took longer for them to bake, producing a better flavor. If, as was the case with regard to the larger ovens used in the medieval period, adding to the number of loaves does not increase the flavor, it is forbidden to do so. (See Shulchan Aruch, Orach Chayim 507:6.)
|
| 23. |
The salting is intended to drain off the blood so that it is permitted to cook the meat, as stated inHilchot Ma'achalot Asurot, Chapter 6.
|
| 24. |
Here, also, the leniency is granted because there is no additional difficulty in salting the other pieces. Alternatively, the leniency is allowed so that the remainder of the meat will not spoil. Compare to Chapter 3, Halachah 4.
|
| 25. |
As explained in Chapter 6, just as it is forbidden to prepare food on a holiday for a weekday that follows, our Sages forbade preparing food on a holiday for a Sabbath that follows directly after the holiday, or for the second day of the holiday itself. Nevertheless, as explained in that chapter, our Sages did provide the leniency of establishing an eruv tavshilin.
|
| 26. |
I.e., invite guests although he knows that they will not come, or prepare a large quantity of food when one knows that one will be unable to eat it all, and then use the remainder for the following day.
Shulchan Aruch HaRav 503:7 notes that it has become common practice to cook a meal for the night of the second day of a holiday on the afternoon of the first day, relying on the leniency that one will taste some of the food. He criticizes this practice and explains that women should be taught to discontinue it and prepare the food before the commencement of the holiday.
|
| 27. |
He and the members of his family may not partake of it; other Jews, however, are not restricted (Mishnah Berurah 527:79).
|
| 28. |
The rationale for this stringency is that the example shown by a person with guile might be copied by others, while few will emulate brazen transgression. Moreover, even with regard to the person himself, if he were not punished, a person who acts with guile would never really appreciate the seriousness of his transgression, and would repeat it. When, however, a person willfully violates the Sages' decree, he will not be able to rationalize his conduct. Hence, there is the possibility he will recognize his error (Rashi, Beitzah 17b; Mishnah Berurah 527:78).
|
| 29. |
We are speaking about an instance where the person has already eaten, and hence would not ordinarily consider slaughtering the animal. Nevertheless, because it is dangerously ill, he fears that it will die before the conclusion of the holiday. Our Sages were fearful that he would slaughter the animal regardless, rather than suffer the loss of having it die without ritual slaughter. They therefore established directives that would allow slaughter in most instances (Maggid Mishneh; Rashi, Beitzah 25a). (See also Chapter 6, Halachah 10.)
|
| 30. |
Although the Rambam's wording might be interpreted as indicating that it is necessary to eat at least this amount of meat, the Maggid Mishneh and the later halachic authorities (Shulchan Aruch Harav 498:11; Mishnah Berurah 498:34) explain that it is not necessary to partake of the meat on the holiday.
|
| 31. |
See the Mishnah Berurah 512:2, which states that a Jew who worships false gods or desecrates the Sabbath is considered like a gentile in this regard.
|
| 32. |
The Rambam's citation of a verse from the Torah as a proof-text for this prohibition is interpreted as an indication that he follows the position (see the notes on Halachot 1 and 4) that the labors necessary to prepare food are forbidden by the Torah on the holiday unless one is preparing food for a Jew. As mentioned, others consider the prohibitions to be Rabbinic in origin.
|
| 33. |
This rationale is not applicable on the Sabbath, for then it is not permitted to cook at all.
|
| 34. |
I.e., as long as a portion of the loaf can be given to a baby, one is not cooking solely for the gentiles.
The Maggid Mishneh notes that many (e.g., Tur, Orach Chayim 512) have objected to the Rambam's ruling, based on Beitzah 21a, which appears to establish a correlation between the permission to bake bread for these soldiers and the laws mentioned in the previous halachah regarding inviting gentiles as guests. It appears from that passage that the Sages who forbid inviting guests also forbid baking bread for the soldiers, for the same principle is involved: one is cooking additional food for a gentile.
The Maggid Mishneh, however, explains that there is no contradiction and that the two views can be reconciled. The Jew can be considered to be baking for the sake of the child. For if he did not bake for the soldiers, they would not allow him to bake for the child.
The Rishon LeTzion amplifies the difference between the two situations, explaining that because the person is not baking solely for the gentiles, the prohibition against doing so is merely Rabbinic in origin and can be waived with regard to baking for a gentile army, since the person could suffer substantial financial loss if he refused. In contrast, when inviting guests, one does so on one's own volition, with no loss involved.
As emphasized by Shulchan Aruch HaRav 512:6, this leniency was granted only in this situation, because of the risk of confrontation with the military authorities. One should not apply it to other circumstances. (See also Mishnah Berurah 512:15.)
|
| 35. |
Here also, since one is not baking solely for the dogs, one may bake the bread on a holiday. Although one is adding to the loaf one is baking for the dogs, since it would be possible to satisfy them by giving them meat, it appears that the shepherds are baking the loaf because they want to partake of it themselves (Maggid Mishneh).
As emphasized by the Mishnah Berurah 512:22, this leniency applies even when one has no other food immediately available for the dogs.
|
| 36. |
The Rambam's wording appears to indicate that although the activity is forbidden by the Torah, punishment is not given, because it is possible that his activity might ultimately serve a permitted purpose.
|
| 37. |
The Maggid Mishneh states that anointing oneself is mentioned because it is often necessary to heat oil used to anoint oneself. Anointing oneself with cold oil for pleasure is permitted even on the Sabbath (Hilchot Shabbat 21:23).
|
| 38. |
The Rambam's Commentary on the Mishnah (Beitzah 2:5) explains that the Hebrew יאכל has the connotation of all physical pleasure, not necessarily merely eating or drinking. Note the explanation in Sefer HaMitzvot, negative commandment 187.(See also the Yereim, section 113.)
|
| 39. |
The Jerusalem Talmud (Shabbat 3:3) appears to indicate that the prohibition has its source in the Torah itself. Although Tosafot (Shabbat 39b) accept this view, Rabbenu Yitzchak Alfasi and the Rashba differ and maintain that this prohibition is a Rabbinical decree.
|
| 40. |
As the Rambam explains in Hilchot Shabbat 22:2, our Sages instituted restrictions against bathing on the Sabbath because the attendants would heat up the water on the Sabbath and claim that they had done so on the preceding day. On holidays, although the rules are more lenient, certain restrictions remain. For a discussion concerning the laws of ritual immersion on a holiday, see the notes on Hilchot Shabbat 23:8.
|
| 41. |
Based on the position of Tosafot mentioned previously, the Ramah (Orach Chayim 511:2) forbids washing one's entire body on a holiday as a safeguard, even when the water was heated before the commencement of the holiday. The subsequent Ashkenazic authorities accepted the Ramah's ruling, but were slightly more lenient and allowed washing one's entire body, portion by portion. Greater leniency is, however, shown with regard to washing a baby.
|
| 42. |
See Hilchot Shabbat, loc. cit.
|
| 43. |
See Hilchot Shabbat, Chapters 21-23, which list activities forbidden by the Sages for every category of forbidden labor.
|
| 44. |
See Hilchot Shabbat, Chapters 25 and 26.
|
| 45. |
The term muktzeh as popularly used with regard to the Sabbath prohibitions is not a precise application of the term. Muktzeh literally means "set aside." As used in the context here, it applies to articles that a person did not intend to use on a holiday. Rather, he "set them aside" to be used in the future.
As the Rambam explains in the following halachah, on the Sabbath it is not necessary to have a specific intention to use an object on the Sabbath. As long as there is no reason that prevents one from using it on that day - e.g., the prohibitions mentioned in Hilchot Shabbat, Chapters 25 and 26 - one may carry it on the Sabbath.
|
| 46. |
The Ra'avad differs and states that there are authorities who maintain that articles that aremuktzeh are permitted to be carried on holidays. The Rambam's view is quoted by the Shulchan Aruch (Orach Chayim 495:4), while the Tur and the Ramah cite the more lenient view. Shulchan Aruch HaRav 495:13 states that although it is customary to follow the more lenient view, it would be preferable to follow the more stringent ruling.
|
| 47. |
See Chapter 2, Halachah 5.
|
| 48. |
See Chapter 2, Halachah 9.
|
| 49. |
The preparation we are speaking about here is preparation through natural means, and not preparation accomplished by man through performance of labor. As mentioned previously in the chapter, it is forbidden to perform any activities on a holiday that involve the preparation of food for the days that follow. (See the Rambam's Commentary on the Mishnah, Beitzah 1:1.)
|
| 50. |
Based on Pesachim 47a, several Rabbis (Ramban; Shulchan Aruch HaRav 513:1; Mishnah Berurah 513:1) maintain that the prohibition against nolad is Scriptural in origin.
In his Commentary on the Mishnah (loc. cit.), by contrast, the Rambam explicitly states that it is a Rabbinic decree. Nevertheless, since the Commentary on the Mishnah was not widely studied, different perspectives about the Rambam's view have been offered, including that of the Minchat Chinuch (Mitzvah 295), who states that the Rambam would require a person to be punished by lashes for eating such an egg.
|
| 51. |
If the chicken is not set aside to be eaten on the holiday, the egg is forbidden regardless, because of the prohibition against muktzeh (Rambam's Commentary on the Mishnah, loc. cit.).
|
| 52. |
There is no prohibition against eating an egg laid on a weekday that follows a holiday or on a Sunday. Since weekday meals are not significant, we are not concerned that a holiday or a Sabbath prepares for them.
|
| 53. |
The Tur and the Shulchan Aruch (Orach Chayim 513:1) state: "It is forbidden to touch it." Although the prohibition is ordinarily against moving muktzeh, and touching it is permitted, the prohibition is made more severe in the present instance because an egg is round, and even the slightest touch is likely to cause it to roll.
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| 54. |
Generally, when a forbidden substance becomes mixed with a permitted substance, the presence of the forbidden substance is considered inconsequential (and the mixture permitted) when the taste of the forbidden substance can no longer be recognized, or when it is mixed with more than sixty times its weight of permitted food.
More stringent rulings are made, however, with regard to a forbidden substance that will ultimately become permitted (davar sheyesh lo matirin). The rationale is that since the entire mixture will be permitted within a short time, there is no reason to seek leniencies and partake of it while a portion (although inconsequential) is forbidden (Hilchot Ma'achalot Asurot, chapter 15).
|
| 55. |
The decrees our Sages instituted were meant to serve as safeguards, and a safeguard is necessary only when a situation occurs frequently.
|
| 56. |
See Hilchot Kiddush HaChodesh 5:5, which explains that in the time when the calendar was established on the basis of the testimony of witnesses, the observance of the second day of a holiday in the distant diaspora was necessary because of a doubt regarding the days on which the holidays were to be celebrated. Nevertheless, in the present era, when we use a fixed calendar, the observance of the second day of a holiday in the diaspora is merely a custom. (See also Chapter 6, Halachah 14.)
|
| 57. |
As explained in Hilchot Kiddush HaChodesh 5:7, even when the calendar was established on the basis of the testimony of witnesses, Rosh HaShanah was generally observed for two days throughout Eretz Yisrael. Since it is forbidden to travel beyond 2000 cubits on a holiday, only those living in the immediate vicinity of Jerusalem had the possibility of knowing whether or not the new month had been sanctified.
|
| 58. |
The word "even" has attracted the attention of the commentaries for, as mentioned in Halachah 24, the observance of the second day of Rosh HaShanah is more severe than that of the second day of other holidays. The Lechem Mishneh explains that the intent is that even the observance of the second day of Rosh HaShanah does not warrant a more severe punishment.
|
| 59. |
See Hilchot Talmud Torah, Chapters 6 and 7.
|
| 60. |
The Shulchan Aruch (Orach Chayim 496:1) quotes the Tur, who states "If [the violator] is a Torah scholar, we do not punish him so severely as to place him under a ban of ostracism. He is to be beaten." (See Sha'ar HaTziyun 496:5, which focuses on the difference between these two rulings.)
|
| 61. |
See Chapter 6, Halachah 17.
|
| 62. |
There is a difference of opinion among the Rabbis whether only the actual burial and those activities that involve performance of a forbidden labor must be performed by gentiles, or whether this involves all activities associated with the burial, including the ritual purification of the body, dressing it in shrouds and the like.
The Maggid Mishneh explains that all activities associated with the burial must be performed by a gentile. The Hagahot Maimoniot, by contrast, maintain that any activity that does not actually involve a forbidden labor should be performed by a Jew. The Shulchan Aruch (Orach Chayim526:1) follows this view.
|
| 63. |
Rashi (Shabbat 139b) and the Baal Halachot Gedolot explain that the leniency of allowing gentiles to bury a Jew on a holiday was instituted as a token of respect for the human body, the repository of the soul. If the body were left unburied, it would decompose and become an aspersion to the dignity of mankind. Therefore, they maintain that if the corpse is not likely to decompose, it should not be buried by gentiles.
Rabbenu Asher and others differ and maintain that the mitzvah of burying the corpse on the day the person dies is the source for this ruling (see Hilchot Sanhedrin 15:8). Therefore, even when the body is not likely to decompose, it should be buried on the first day. The Shulchan Aruch (loc. cit. 526:1) follows this view.
|
| 64. |
The Tur and the Ramah (loc. cit.:4) mention a custom practiced by Rabbenu Tam, which equates the first and second days of a holiday in this regard. The Ramah agrees to this custom when it is possible to find a gentile to perform these labors, but maintains that if it is impossible to perform these labors, they should be performed by Jews.
In practice at present, in some observant communities burials are conducted on the holidays. Nevertheless, the prevailing custom at large - particularly when burying the dead might lead to the unnecessary violation of the laws of the holidays by some - is to postpone the burial until the following day.
|
| 65. |
Originally, the observance of the holidays for two days came as a result of doubt: If the first day was actually the holiday, the second day was an ordinary day. Conversely, if the second day was actually the holiday, the first day was an ordinary day. Therefore, they were considered to be two different expressions of holiness. (See Chapter 6, Halachah 12.)
|
| 66. |
The Ramah (Orach Chayim 496:2) interprets this as referring to an irritation that does not involve any danger. As such, tending to it by a Jew is forbidden on the first day of a holiday. On the second day, because it brings a person relief from pain, leniency is shown. The same law applies to all other remedies of this nature.
|
| 67. |
Since they were universally observed, even within Eretz Yisrael.
|
| 68. |
I.e., all instances of nolad.
|
Shevitat Yom Tov - Chapter Two
Halacha 1
A chick that is hatched on a holiday is forbidden [to be handled], because it ismuktzeh.1 [A different rule applies,] however, when a calf is born on a holiday: If its mother was designated to be eaten, the calf is also permitted,2 for it is considered to be designated, because of its mother. If its mother had been slaughtered [on a holiday], the calf in her womb would also have been permitted [to be eaten] on the holiday, even though it had not been born.3
Halacha 2
When animals graze beyond the [2000-cubit] limits granted to a city, but return and spend the night inside the city, they may be designated [for our use on the holiday]. We may take these [animals] and slaughter them on a holiday.
When, by contrast, they both graze and spend the night4 beyond the [2000-cubit] limits granted to a city, we may not slaughter them on a holiday if they come to the city on that day. They are muktzeh, and the attention of the inhabitants of the city is not focused on them.
Halacha 3
Similarly, when a consecrated animal5 became blemished on a holiday, since one did not intend to eat the animal on the previous day, it may not be slaughtered on a holiday.
For this reason, it is forbidden to inspect the blemishes of a consecrated animal on a holiday.6 [This is] a decree, [instituted] lest the sage consider the blemish [permanent] and hence permit [the animal to be used for mundane purposes], and its owner will slaughter it immediately. When, however, a sage has inspected a blemish on the day prior to the holiday, he may [render a decision] on the holiday, permitting or forbidding [its use].
Halacha 4
When [on the day of a holiday] a firstborn animal is born with a blemish, it is considered as if it were prepared [to be slaughtered].7 Nevertheless, [the blemish] may not be inspected on the holiday.8 If, however, one transgressed and had the blemish checked, and [the sage ruled that] the animal is permitted to be slaughtered, one is permitted to slaughter it and partake of its meat.
When a firstborn animal falls into a cistern [on a holiday], one should give it the [necessary] nourishment while in the cistern. One is not allowed to pull it out, because it is not fit to be slaughtered on the holiday.9
[The following rules apply when] a cow and its calf both fall into a cistern [on a holiday]:10 We may take one out with the intent of slaughtering it, and then refrain from slaughtering it. One may then act with guile, and take the other out with the intent of slaughtering it, and then slaughter either of them that one desires.11 We are permitted to act with guile, because of the suffering the animal endures.12
Halacha 5
[All] ducks, chickens, and doves [kept] in one's home are considered to be prepared [to be slaughtered], and need not be designated. Doves [kept in] a dovecote, [wild] doves that nest in one's loft, and [other] fowl that nest in basins,15 on buildings, or in orchards, are considered muktzeh.16
[To slaughter them on a holiday,] it is necessary on the previous day to designate them and say, "I will take these and these." There is no need actually to shake [the nest or the doves].
Halacha 6
[The following rules apply when] one designated both black and white doves, and on the following day found the white doves in the place of the black ones and the black ones in the place of the white ones. It is forbidden to take them, because it is possible that [the doves that were designated] flew away and these are others. [Therefore, we follow the principle:] Whenever there is a doubt whether [doves] have been designated or not, they are forbidden.17
If he designated two and found three, they are all forbidden.18If he designated three and found two, they are permitted. If he designated doves inside the nest, but found them in front of the nest, he is permitted to take them, provided that these were the only doves in the nest, and they are unable to fly. Although there is another nest within fifty cubits19 at a diagonal, these doves are permitted, for doves that waddle, waddle only in a straight line to their nests.
Halacha 7
[The following rules apply to] fish in large ponds,20 beasts and fowl in large pens, and any other beast that has to be snared to the point where it is necessary to say, "Bring a net so that we can snare it": [Such a living creature] is considered muktzeh and may not be snared on a holiday.21 If it is snared, it may not be eaten.
[By contrast,] every [living creature that can be snared] without a net is considered to be designated. It may be snared on a holiday and we may partake of it.
Similarly, when a wild beast establishes its home in an orchard near a city,22its small offspring that do not require [effort to] capture need not be designated, because one has in mind [to take] them [for food for the holiday].
Halacha 8
Although on the day before a holiday a [hunter] set snares for a beast, fowl, or for fish, on the holiday itself he should not take the living creatures that were captured unless he knows that they were captured before the holiday.23
When a person makes a dam in a water conduit24 on the day before the holiday, and gets up early the next morning and finds fish there, they are permitted. They were already trapped before the commencement of the holiday. [Hence,] they are considered to be designated [to be eaten].
Halacha 9
When a [closed] building was filled with produce that had been designated [for use] and was opened [by natural forces on a holiday], one is permitted to take [produce] from the opening.25
Halacha 10
[The following rules apply] when a gentile brings a present29 [of food] for a Jew on a holiday: If some of the type of produce that he brings is still attached to the ground30 [in the fields], or if he brought an animal, fowl, or fish that could possibly have been snared on the day [of the holiday], they are forbidden31until the evening.32 [Moreover, one must wait] enough time for it to have been possible to perform [the forbidden activity after the conclusion of the holiday].33 Even [if the gentile brings] a myrtle or the like, one should not smell its fragrance until the evening, after waiting the time necessary [to pick it].
If none of the type of produce that he brings remains attached to the ground, or it is clear from the form [of the produce] that it was picked on the previous day, or it is clear from the form [of the fish or the animal] that they were caught on the previous day, they are permitted, provided they were brought from within [the city's 2000-cubit] limit. If they were brought from outside [the city's 2000-cubit] limit, they are forbidden.
Food that was brought from outside [the city's 2000-cubit] limit for one Jew is permitted to be eaten by another.34
Halacha 11
When branches fall from a palm tree on a holiday, it is forbidden to use them as firewood, because of the prohibition of nolad. If, however, they fell [directly] into an oven, one may add a larger quantity of wood prepared [for kindling], and may kindle them.35
One may not begin taking from a pile of straw or a storage pile of wood36 [on a holiday] unless one prepared to do so on the previous day, for they aremuktzeh. If the straw is mixed with thorns it is permitted, for its only [possible] use is for kindling.
Halacha 12
It is forbidden to chop wood that had been placed in a pile of beams, for it ismuktzeh.37 Nor may one [chop wood] from a beam that broke on a holiday, because it is nolad.38Similarly, utensils that broke on a holiday may not be used for kindling,39 because they are nolad.40
However, one may use utensils that are intact41 or utensils that were broken before the commencement of a holiday for kindling, for they were prepared to be used for purposes [other than that for which they were originally suitable] before the holiday.
Similarly, when nuts or almonds were eaten before the commencement of a holiday, their shells may be used for kindling on the holiday. If, however, they were eaten on the holiday, their shells may not be used for kindling.42
There are, however, versions [of the Talmud] that read: If they were eaten before nightfall, we may not use their shells for kindling, because they have become muktzeh.43 If, by contrast, they were eaten on the holiday, they may be used for kindling, because they are considered to be designated for use, because of the food [they contained].44
Halacha 13
A freshly-cut thorny [branch] is muktzeh, because it is not fit for kindling.45Therefore, one may not use it as a spit for roasting meat. The same applies in all similar situations.
Halacha 14
We may take wood that is placed next to the walls46 of a hut47 to use for kindling, but we may not bring it from the field, even if it had been collected there on the day before [the holiday].48 One may, however, collect wood lying before him in the field and kindle it there.49
One may also bring [wood] that was stored in a private domain, even one that was not enclosed for the purpose of human habitation, provided it has a fence with a gate, and is located within the Sabbath limits. If even one of these conditions is not met,50 [the wood] is muktzeh.
Halacha 15
Although the leaves of reeds or vines have been collected in an enclosure, since they can be dispersed by the wind it is considered as if they have already been dispersed, and [using them] is forbidden.51 If, however, one placed a heavy utensil over them before the holiday, they are permitted [to be used].52
Halacha 16
[The following rules apply when] an animal dies on a holiday: If it was very ill on the day before the holiday, one may cut it up [and feed it] to the dogs.53 If not, since he had not had it in mind, it is muktzeh and should not be moved.
Halacha 17
Fish, fowl, and beasts that are muktzeh may not be given water on a holiday, nor is it permitted to place food before them.56 [This is a safeguard instituted] lest one come and take them.57
Any [objects or living creatures] that are forbidden to be eaten or used on a holiday because they are muktzeh are also forbidden to be carried.
Halacha 18
When a person brings earth into his domain on the day before a holiday, it is considered to be prepared for use, provided that he designates a corner of his courtyard as its place. It may then be carried and used for all his needs.58
Similarly, ash that [came from fuel] burned on the previous day is considered to be prepared for use. If it [came from fuel] burned on the holiday itself, it is permitted for use as long as it is warm enough to cook an egg, for it is still considered to be fire. If it is not [that warm], carrying it is forbidden, because it is nolad.59
[The following rules apply when] a person has an iron shaft implanted in the ground before the holiday, and he pulls it out60on the holiday, uprooting earth: If the earth is powdery,61 it may be used to cover [any spills], and it may be carried for that purpose. If, however, the person raised up a clod of earth, it may not be crumbled on the holiday.62
| FOOTNOTES | |
| 1. |
Since one could not know whether the chick would be hatched on the holiday itself or not, there is no way one could designate it as food. Hence, it falls into the category of muktzeh. Indeed, even the more lenient opinions that allow muktzeh to be used on a holiday forbid slaughtering such a chick, since before it was hatched it was not useful for any purpose whatsoever (Shulchan Aruch HaRav 513:19; Mishnah Berurah 513:36).
|
| 2. |
This applies only when we know that the calf has undergone a full period of gestation. If not, it is forbidden to be slaughtered on the day it was born (Hilchot Ma'achalot Asurot 4:4).
|
| 3. |
For the slaughter of the mother also causes the calf to be permitted (Ibid. 5:13-14).
|
| 4. |
The Rambam is employing the wording of the Mishnah, Beitzah 5:6. In his Commentary on the Mishnah (based on Beitzah 40a), the Rambam explains that this refers to animals that graze outside the city limits from the spring until the beginning of the rainy season. This interpretation also changes the definition of animals that "return and spend the night inside the city," to refer to those that return to the city occasionally. These definitions are reflected in the decisions ofShulchan Aruch HaRav 498:5 and the Mishnah Berurah 498:12,14.
|
| 5. |
This refers to a firstborn animal, which is consecrated by birth. Alternatively, the intent is the tenth animal after a herd has been tithed. These animals may not be offered as a sacrifice, because the Temple is destroyed. The law is that the firstborn must be given to a priest, who may not slaughter it until it acquires a permanent blemish. The tithed animal may be kept by its owner, who may slaughter it after it acquires a blemish. The designation of a blemish as permanent or not must be made by a sage trained in this field.
|
| 6. |
The Rambam maintains that even if the animal had acquired the blemish before the holiday, it must be inspected before the holiday, and not on the holiday itself (Maggid Mishneh).
|
| 7. |
For until birth, the animal could have been eaten by slaughtering its mother.
|
| 8. |
The animal may not be checked by an experienced sage to see whether the blemish is permanent or not. This restriction is an extension of the Rabbinic safeguard mentioned in the previous halachah.
|
| 9. |
As such, moving the animal is forbidden. Therefore, the only alternative is to wait until the conclusion of the holiday and in the interim, to feed the animal while it is in the cistern.
|
| 10. |
As Leviticus 22:28 states, it is forbidden to slaughter both these animals on the same day. Thus, it would seem that we could take only one out of the cistern, and the other would be consideredmuktzeh.
|
| 11. |
From the wording chosen by the Rambam, it appears that it is necessary to slaughter one of the animals. The Maggid Mishneh cites a passage from the Jerusalem Talmud (Beitzah 3:4), from which one might infer that this is not necessary, but he cites the opinion of the Rashba, who recommends slaughtering one of the animals.
|
| 12. |
See Hilchot Shabbat 21:9-10 for other examples of leniencies granted by our Sages in consideration of the suffering endured by an animal. See also the Rambam's Commentary on the Mishnah (Beitzah 3:4), which states that consideration of the suffering endured by an animal is a Scriptural obligation.
|
| 13. |
Although this phrase appears in the standard printed texts of the Mishneh Torah, we have placed it in brackets, because a) it is omitted from many authoritative manuscripts and early printings, and b) it does not fit the Rambam's statements regarding the subject in Hilchot Shechitah 9:19.
One might justify the inclusion of the bracketed phrase by explaining that according to the Rambam, the possibility that the animal may not be kosher does not disqualify its slaughter on the festival. Nevertheless, the prevailing opinion (Shulchan Aruch HaRav 498:8) is that we are allowed to slaughter an animal on a festival only when it is likely to be kosher.
|
| 14. |
See Hilchot Shechitah 9:9,17, where the Rambam states that an animal that falls from a roof and is unable to walk afterwards must be inspected after it was slaughtered to see whether any of its vital inner organs were crushed.
|
| 15. |
In the Talmudic era, basins were built into the facades of homes for doves to nest.
|
| 16. |
The Maggid Mishneh states that there is a difference of opinion among the Rabbis regarding whether this law refers to large doves that are able to fly, or to small doves that are unable to do so.
The more stringent view maintains that since the doves are able to fly away, they must be snared, and this labor is forbidden. The more lenient view maintains that since the doves have nested in these places, great effort is not required to snare them, and this is permitted on a holiday. From the Rambam's wording, it appears that he subscribes to the more lenient view. The Shulchan Aruch (Orach Chayim 497:9) follows the more stringent opinion.
|
| 17. |
As a rationale for this stringency, the Maggid Mishneh explains that the doves will be permitted for eating on the following day with no restrictions. Therefore, we are required to wait until then to partake of them, as explained in Chapter 1, Halachah 20.
|
| 18. |
In his Commentary on the Mishnah (Beitzah 1:3), the Rambam explains two reasons for this restriction:
a) It is possible that this entire group is made up of new doves that came from afar;
b) Even if two of the doves were the ones designated on the previous day, the entire group is forbidden because they were joined by a third dove who is not distinguished from them.
|
| 19. |
It is an accepted principle that doves will not waddle further than 50 cubits. Even within these 50 cubits, they will not walk on a diagonal.
|
| 20. |
The Ra'avad explains that this restriction also applies to fish in small ponds. Since fish cannot always be seen easily and are difficult to snare even in a small pond, greater stringency is applied with regard to them. His opinion is cited by the Shulchan Aruch (Orach Chayim 497:1).
|
| 21. |
It would appear that the reason that snaring is forbidden is not the fact that it is one of the 39 forbidden labors, for it is necessary for the preparation of food. Rather, it is forbidden as a result of the Rabbinic prohibition against muktzeh (Meiri, P'nei Yehoshua, Beitzah 23b).
|
| 22. |
This leniency does not apply when the animals make their home more than 70 cubits beyond the city limits (Shulchan Aruch, loc. cit.:8), for then a person would not be likely to have these animals in mind for his holiday meals.
|
| 23. |
This ruling depends on the principle mentioned in Halachah 6, that whenever there is doubt whether or not an article had been designated for use on a holiday, it is forbidden.
|
| 24. |
As explained by the Ramah (Orach Chayim 497:5), Shulchan Aruch HaRav 497:1 and theMishnah Berurah 497:14, this refers to a narrow waterway that has been dammed at both ends. Hence, there is no difficulty in catching the fish, and they can be considered to be designated before the commencement of the holiday.
|
| 25. |
We do not say that since the building was closed before the commencement of the holiday, the produce is no longer considered designated for use. There are authorities (Rashba, Rabbenu Asher) who follow a more stringent view, and maintain that the produce is permitted only when it appeared that the building would open. Nevertheless, according to the Rambam (as well as Rabbenu Yitzchak Alfasi and the Ramban), the fact that it is located in a closed building does not alter the status of the produce. When, as in the instance described, it is possible to take it, doing so is permitted. The Shulchan Aruch (Orach Chayim 518:9) quotes the Rambam's ruling.
|
| 26. |
The Mishnah (Beitzah 4:7) mentions this instance with regard to the Sabbath. Since the Rambam maintains that the prohibitions against muktzeh do not apply on the Sabbath, he cites these laws with regard to the holidays.
|
| 27. |
The Sabbatical year is mentioned because there is no obligation to tithe in that year. In other years, the produce would not be considered to be designated for use until it had been tithed, and it is not customary to tithe fruit that has been set out to dry until it is fully dried. (See the Rambam's Commentary on the Mishnah, Beitzah, loc. cit.)
|
| 28. |
I.e., the person must make a mark on the ground to designate the area from which he desires to take produce. In Halachah 5, the Rambam does not require a person to perform a deed while designating doves to be eaten (thus negating the opinion of the School of Shammai). In this instance, however, since people do not generally eat fruit left out to dry until it is completely dry, it is necessary for him to perform a deed to clarify his intent. The Ramah (495:4) differs and does not require that a deed be performed even in this instance.
|
| 29. |
The same laws apply with regard to gentile merchants who desire to sell produce or other types of food on a holiday.
|
| 30. |
When this type of produce is still growing in the ground, there is the possibility that the gentile harvested it on the holiday itself.
|
| 31. |
There are two reasons why these foods are prohibited: a) because a Jew may not have a gentile perform forbidden labors on the Jew's behalf on a holiday,
b) because the food he brings is muktzeh.
|
| 32. |
There is a difference of opinion among the Rabbis if, in the diaspora, an object that became forbidden for these reasons on the first day of a holiday is permitted to be used on the second day or not. The Shulchan Aruch (Orach Chayim 515:1) allows it to be used on the second day of the holiday after one waits enough time to perform the forbidden labor. The Ramah requires the person for whom the gentile brought the produce to wait until after the conclusion of the holiday. In times of need, however, he enables the produce to be used by the person's guests on the second day.
|
| 33. |
This safeguard ensures that one will derive no benefit at all from the gentile's activity, nor ask him to perform such a labor again.
|
| 34. |
Although such food is also forbidden to all the members of the household of the person for whom it was brought.
|
| 35. |
Beitzah 4b explains that the restrictions applying to an entity that will become permitted at a later date do not apply with regard to this wood, since the benefit one receives from the wood comes after it has been consumed by the flames. It is permitted to add the larger quantity of permitted wood because we are allowed to nullify the existence of a prohibited entity if the prohibition is Rabbinic in origin. (See also Hilchot Ma'achalot Asurot 15:26.)
Rabbenu Nissim states that this leniency is granted only when there is also some permitted wood in the oven. If not, one may not nullify the prohibited wood. His opinion is quoted by the Shulchan Aruch HaRav 507:3 and the Mishnah Berurah 507:7).
|
| 36. |
This refers to straw or wood that has been set aside to be sold.
|
| 37. |
This refers to wood that has been set aside to be used for construction (Rashi, Beitzah 31b).
|
| 38. |
Before the holiday the beam was part of a building, and only on the holiday itself did the possibility of its being used for other purposes arise. Therefore, it is considered to be nolad.
|
| 39. |
If, however, it is still possible to use the pieces to perform the task originally performed with the utensil, the pieces are still permitted to be used for kindling or for any other purpose (Shulchan Aruch HaRav 501:11; Mishnah Berurah 501:29).
|
| 40. |
Although the utensil existed beforehand, no one considered using it for kindling while it was intact. Only when it became broken was it considered to be fit for kindling. Hence, it is considered to benolad.
|
| 41. |
If a person desires to use an intact utensil for kindling, there is no difficulty. Since the utensil is intact, carrying it is permitted.
|
| 42. |
Because the possibility of using them for kindling arose only on the holiday, they are considered to be nolad.
|
| 43. |
For it is uncommon to use nut shells for any material purpose. See Hilchot Shabbat 25:6,12.
|
| 44. |
The Shulchan Aruch (Orach Chayim 501:7) quotes the former version as halachah.
|
| 45. |
Wood is not fit for kindling until it dries out. (See Chapter 4, Halachah 11.)
|
| 46. |
We may not, however, take wood that is used for the walls themselves, for by doing so we would be destroying a building (Beitzah 30b).
|
| 47. |
We have translated the term sukkah as hut, because this law applies throughout the year, not only to the sukkot constructed on the holiday of that name. (See Kessef Mishneh; Mishnah Berurah 518:38.)
|
| 48. |
From the Rambam's mention of this law in the chapter dealing with the subject of muktzeh, it would appear that he considers muktzeh as the rationale for this restriction as well. Other authorities have offered other rationales; among them, that collecting wood in the field is forbidden because it is a mundane activity unfit for the sacred atmosphere of the holidays. Alternatively, it resembles the forbidden labor of me'amer, collecting sheaves (Mishnah Berurah 501:11).
|
| 49. |
Several later authorities (Rav Shlomo Luria; Shulchan Aruch HaRav 501:7) are more stringent, and rule that since it is usual to collect wood from a field, doing so on a holiday bears too close a resemblance to the forbidden labor of me'amer. Hence, this leniency is allowed only in an open courtyard.
|
| 50. |
I.e., it is forbidden if the wood is scattered in a courtyard, or the courtyard is beyond the Sabbath limits or lacks a fence with a gate.
|
| 51. |
In this instance as well, it appears that the Rambam considers this restriction as an outgrowth of the prohibition against muktzeh. Since it is possible that they will become dispersed, one does not rely on their remaining in their place.
Other authorities explain that the restriction is a safeguard against performing the forbidden labor of me'amer. (See Mishnah Berurah 501:18,20.)
|
| 52. |
Even if they are dispersed. By placing the heavy utensil upon them, the person indicated his intent that the leaves be used for kindling. This leniency is not accepted by the authorities who explain that the restriction is a safeguard against performing the forbidden labor of me'amer.
|
| 53. |
I.e., since it was ill, the person considered the likelihood that it would die. Even before the holiday began, he had it in mind to feed the carcass to his dogs.
|
| 54. |
A consecrated animal that dies may not be used for any mundane purposes; its corpse must be buried. Therefore, even if it was sick on the day before the holiday, it may not be moved on the holiday (Rambam's Commentary on the Mishnah, Beitzah 3:5).
|
| 55. |
Terumah that becomes impure must be given to a priest, who can use it for kindling or feed it to his animals. Nevertheless, it is forbidden to perform either of these activities on a holiday. Hence, the impure terumah may not be used that day, and thus becomes muktzeh (Rashi, Beitzah 27b).
|
| 56. |
This applies even to living creatures for which the person is required to provide food. The restriction involves placing the food directly before the animals. It is permitted to place it far from the usual place, for this departure from the norm will remind one not to pick up the animals (Shulchan Aruch HaRav 497:5; Mishnah Berurah 497:5).
|
| 57. |
For this reason, this prohibition does not apply to feeding non-kosher animals (Maggid Mishneh).
|
| 58. |
As mentioned in the first halachah of the following chapter, earth was necessary for covering the blood of fowl and wild beasts that were slaughtered. In Talmudic times, when the homes had earthen floors, earth was also used to cover spills, excrement, and other filth. Since the earth was not flattened, we do not say that the person brought it in to use as part on the floor. Instead, we allow him to use it for other purposes (Shulchan Aruch, Orach Chayim 498:17).
|
| 59. |
The Shulchan Aruch (loc. cit.:15) states that, after the fact (בדבעיד), if one has already slaughtered a fowl or beast, it is preferable to use even cold ash, rather than negate the mitzvah of covering the blood.
|
| 60. |
The Rambam's statements should not be interpreted as license to, in fact, implant a shaft in the ground and pull it out on the holiday. The Rambam (as is his source, the Mishnah, Beitzah 1:2) is speaking after the fact (בדבעיד) - i.e., the person has already uprooted the earth and is questioning whether or not he may use it. This ruling is cited by the Shulchan Aruch (loc. cit.:14).
|
| 61. |
If the earth is powdery, uprooting it from the ground is not considered to be digging a hole (Rambam's Commentary on the Mishnah, Beitzah 1:2). This powdery earth can - in contrast to clods of earth - be used to cover the blood.
|
| 62. |
Crumbling the earth is a derivative of the forbidden labor of grinding.
|
Shevitat Yom Tov - Chapter Three
Halacha 1
A person who has earth that has been prepared or ash that has been prepared and that may be carried1 may slaughter a fowl or a beast2 and cover their blood [on a holiday]. If he does not have earth that is prepared or ash that may be carried, he should not slaughter [a fowl or a beast on a holiday]. If he transgresses and does in fact slaughter [a fowl or a beast on a holiday], he should not cover its blood until the evening.3
Similarly, on a holiday one should not slaughter an animal concerning which there is a doubt whether it is a wild beast or a domestic animal.4 If a person does slaughter [such an animal on a holiday], he should not cover the blood until the evening.5 [This applies] even when one had earth that was prepared or ash [available],6 lest an observer conclude, "This animal is definitively categorized as a beast, and its blood was therefore covered on the holiday." The observer might then [err] and consider the fat of [this animal] to be permitted.7
Halacha 2
Similarly, if a person slaughtered a beast or a fowl before a holiday [and did not cover the blood at that time], he may not cover it on the holiday.
If a person slaughtered both a domestic animal and a beast or a fowl on a holiday,8 and their blood became mixed, he should not cover it until the evening [following the holiday]. If he had earth that was prepared or ash, and it is possible for him to cover all [the blood] with one shovelful,9 he should do so.
Halacha 3
A person who slaughters an animal on a holiday is permitted to pull off the wool by hand10 from the place where he wishes to slaughter it, provided he does not remove it from its place, but rather leaves it there tangled with the remainder of the wool of the animal's neck.
[When slaughtering] a fowl, by contrast, one may not pull out the feathers, for [doing so by hand] is the usual procedure. Thus, one would be performing [the forbidden labor of] pulling out [feathers] on a holiday.
Halacha 4
When a person skins the hide of an animal on a holiday, he should not salt it. For [salting] is one of the leather-making processes,11 and thus one would be performing a forbidden labor that is not necessary for [the preparation of] food.
One may, however, deposit it12 in a place where people will tread on it,13 so that it will not spoil.14 This leniency was permitted only for the sake of the holiday celebrations, so that a person will not refrain from slaughtering [an animal].15
It is permitted to salt meat to be roasted on this hide. One may act with guile regarding this matter. What is implied? One may salt a small portion of meat on this place, another small portion in another place, until the entire hide has been salted.
Halacha 5
When does the above apply? When one is salting the meat for roasting, and much salt is not required. If, however, one [is salting it for] cooking, [and much salt is required],16 it is forbidden to salt [the meat] on a hide.
Similarly, it is forbidden to salt fats, nor may one flip them or spread them on staves in the wind, because they are not fit to be eaten.17
Halacha 6
When a person skins an animal on a holiday, he should not employ the technique referred to as regol. What is meant by regol? The person removes all the meat from [a hole made] at one foot, leaving the entire hide intact, without being torn. [This is forbidden] because this means of skinning involves great effort, and it is not necessary for the holiday.
Halacha 7
We may pour hot water over the head and the feet [of a slaughtered animal] and singe it with fire [to remove its hair]. We may not, however, apply lime, clay, or loam [for that purpose]. Nor may we trim it with scissors.
We may not pare a vegetable in a decorative fashion. We may, however, trim food that has thorns - e.g., artichokes or cardoon - in a decorative fashion.
Halacha 8
It is permitted to knead a large dough on a holiday.20 If a person kneaded dough on the day before a holiday, he may not separate challah21 from it on the holiday.22 If he kneaded it on the holiday, he may separate challah and give it to a priest.23
If the dough is impure,24 or the challah became impure, the challah should not be baked, for we are allowed to bake on a holiday only for the sake of eating, and this [challah] must be burned.
We may not burn it on a holiday, because we do not burn sacred food that became impure on a holiday.25 For the burning of sacred food that became impure is a positive commandment, as [Leviticus 7:19] states: "And you shall burn it with fire"; and performing a [forbidden] labor [on a holiday] that is not necessary for the sake of [the preparation of] food and the like [nullifies] both a positive commandment and a negative commandment.26 And the fulfillment of a positive commandment does not override the fulfillment of both a positive commandment and a negative commandment.
Halacha 9
What should one do with [this impure challah]? Leave it until the evening and burn it [then].27
On the holiday of Pesach, when leaving [the challah unburned until the day after the holiday] will cause it to become leavened, one should not separate the challah [from] the dough. Instead, one should bake the entire impure loaf, and then separate the challah after it has already [been baked as matzah].
Halacha 10
We may not bake in a new earthenware oven on a holiday. [This is] a decree [instituted] lest [the oven] crack open, spoiling the bread, and tainting the person's festive joy.
We may not rake out [the coals and ash28] of an oven or a range; we may, however, press them down.29 If baking or roasting in it is impossible unless we rake out [the coals and ash], it is permitted to do so.30
We may seal the opening of an oven with mud or sediment from a river bank, provided it was made soft on the previous day. It is forbidden to mix mud on a holiday. We may, however, mix ashes with water [to form a clay-like mixture] to seal the opening of an oven.31
Halacha 11
Halacha 12
We may not make cheese on a holiday. For cheese will not lose its flavor if it is prepared on the day before the holiday.36 In contrast, one may crush spices in the ordinary manner [on a holiday], for if they were crushed before the holiday, they would lose flavor. Salt, however, may not be crushed on a holiday unless one tilts the pestle, crushes it in a bowl, or deviates from the norm in another way. [This restriction was instituted] because salt will not lose its flavor if crushed before the holiday.
We may not grind pepper in a pepper mill.37 Instead, we must crush it in a pestle like other spices.
Halacha 13
We may not crush groats in a large grinder. We may, however, crush them in a small grinder,38 this being the [required] deviation from the norm. In Eretz Yisrael, it is forbidden to do so using even a small grinder, for the grain [that grows there] is of a higher quality, and will not lose [its flavor] if crushed before the holiday.39
Halacha 14
Although flour was sifted on the day prior to the holiday, and its bran removed, it may not be sifted again on a holiday unless a pebble, a sliver of wood, or the like fell into it.40 This is permitted, however, if one deviates from the norm by sifting with the back of the sifter,41 sifting over the table, or the like.
Halacha 15
One may remove grain from husks, remove legumes from their pods, and blow air over them [to cause the husks to fall], using both hands with all one's power, and then partake of them. One may use a tray, or a pot with compartments,42 but not a sifter or a strainer.43
Similarly, a person who separates [the pods of legumes from] the legumes [themselves] on a holiday may separate them in an ordinary way44 in his bosom, and in a pot. He may not, however, use a strainer, a tablet, or a sifter.
Halacha 16
When does the above apply? When there is more food than waste.45 When, however, there is more waste than food, one should separate the food and leave the waste. If, however, more difficulty is involved in separating the waste from the food than in separating the food from the waste,46 one should separate the food from the waste even when there is more food than waste.
Halacha 17
We may not filter mustard using a filter designated for that purpose, since it appears that one is [performing the forbidden labor of] selecting.47 We may, however, [mix] a raw egg [with mustard] in a mustard strainer, and [the mustard] will undergo a process of refinement naturally.48
If a filter was already hanging [over a container before the commencement of the holiday], it is permitted to filter wine through it on the holiday. By contrast, a person may not hang a filter on a holiday, so that he will not be following his weekday practice. One may, however, act with guile, and hang the filter to hold pomegranates, use it for that purpose,49 and then hang the dregs of wine in it [so that the wine will filter through].
| FOOTNOTES | |
| 1. |
See the final halachah of the previous chapter.
|
| 2. |
In contrast to a behemah, a domesticated animal (e.g. a cow, sheep, or goat), when a fowl or wild animal (e.g., a deer) is slaughtered, its blood must be covered with earth. (See Hilchot Shechitah, Chapter 14.)
|
| 3. |
See the notes on the final halachah of the previous chapter, which touch on this issue.
|
| 4. |
Most authorities consider this to be referring to an animal that is a crossbreed between a goat and a deer. The Rambam (Commentary on the Mishnah, Chulin 6:1), however, considers this an independent species that the Sages were unable to classify as either an animal or a beast. (See also Hilchot Shechitah 14:4.)
|
| 5. |
The Ramah (Orach Chayim 498:18) states that this ruling applies only when the person slaughtered this animal in a corner. If, however, he slaughtered it in the middle of a courtyard and earth has been prepared and is available, it is permitted to cover its blood on the holiday, just as it is permitted to remove an unpleasant object from sight.
|
| 6. |
In his Commentary on the Mishnah (Bikkurim 2:9), the Rambam w rites that it is forbidden to take this earth, because there is a doubt regarding the animal's classification. This can be interpreted as an indication that even if earth was prepared for use, it may be carried only for a valid reason.
|
| 7. |
As the Rambam explains in Hilchot Ma'achalot Asurot 7:3, we are forbidden to eat only the fat of cows, sheep, and goats. The fat of all other kosher animals and beasts is permitted. Since the animal in question could be considered to be a goat, it is forbidden to eat its fat.
|
| 8. |
Although it is necessary to cover the blood of the beast or fowl, it is not necessary to cover the blood of the domestic animal.
|
| 9. |
Shulchan Aruch HaRav 498:36 and the Mishnah Berurah 498:103 explain that "one shovelful" need not be interpreted literally. The intent is that one would not have to engage in any additional effort to cover the extra blood coming from the animal.
|
| 10. |
This is the key to the leniency. Since one would normally cut the wool away with shears, pulling it away by hand represents a departure from one's ordinary procedure and is therefore permitted. Shearing the wool with a utensil is indeed prohibited.
The Shulchan Aruch (Orach Chayim 498:12) rules more stringently, and forbids intentionally tearing the wool away. According to this view, one may merely smooth it to the sides with one's hands. If, however, it is torn off in the process, that is of no consequence.
|
| 11. |
See Hilchot Shabbat 11:5.
|
| 12. |
A hide from an animal slaughtered on a holiday, in contrast to the hide of an animal slaughtered before the holiday began (Maggid Mishneh; Shulchan Aruch, Orach Chayim 499:3).
|
| 13. |
By the people's treading on it, the tanning process will begin, and it will not spoil.
|
| 14. |
Similarly, one is permitted to place it in the shade or in a cool place so that it will not spoil (Shulchan Aruch HaRav 499:3; Mishnah Berurah 499:4).
|
| 15. |
Because of the fear that its hide will spoil. Our Sages feared that this financial loss would deter a person from slaughtering an animal on the holiday.
|
| 16. |
The Rambam describes the difference between the manner in which meat is salted for cooking and for roasting in Hilchot Ma'achalot Asurot 6:12.
|
| 17. |
Shulchan Aruch Harav 499:10 permits the fats to be carried to a cool shady place, lest their loss prevent the person from slaughtering.
|
| 18. |
To cut the meat in such a way that it will be easier for a customer to carry it home (Rashi, Beitzah28a).
|
| 19. |
To distinguish meat purchased by one customer from that purchased by another (ibid.).
|
| 20. |
Although the School of Shammai forbids this, the halachah follows the School of Hillel, which rules that baking such a loaf is permitted (Beitzah 22b). The rationale is that a loaf tastes better when cooked in an oven which is full.
|
| 21. |
Numbers 15:20 requires us to separate a portion of dough and give it to the priest as challah. This offering is governed by the rules pertaining to terumah and hence may not be eaten when either the dough or the person partaking of it is impure. In such an instance, it must be burned.
|
| 22. |
On a holiday, one may, however, bring a priest challah that had been separated before the holiday (Chapter 4, Halachah 26; Ramah, Orach Chayim 506:3).
The Ramah also mentions that in the present age, in the diaspora, dough that has been kneaded before the holiday is permitted to be baked on the holiday, and a small portion of bread is left over, from which challah will be separated on the following day.
|
| 23. |
It is ordinarily forbidden to separate the consecrated articles that are due the priests on a holiday (Chapter 4, Halachah 26). Nevertheless, an exception was made in this instance, to allow people the option of eating fresh bread on a holiday.
|
| 24. |
This is the ruling that must be followed in the present age, for we are all ritually impure, and convey ritual impurity to the dough.
|
| 25. |
See Hilchot Pesulei HaMukdashim 19:5.
|
| 26. |
See Chapter 1, Halachah 2.
|
| 27. |
The Noda Biy'hudah (Vol. II, Orach Chayim, Responsum 96) notes that according to Hilchot Pesulei HaMukdashim, loc. cit., it is also forbidden to burn certain sacrificial meats that became disqualified - e.g., piggul and notar - at night. The Rambam does not mention such a restriction, however, with regard to consecrated articles that become impure.
There are, nevertheless, other authorities who differ and forbid the burning at night of consecrated articles that have become impure. (See Be'ur Halachah 506 and the sources mentioned there.)
|
| 28. |
Our translation follows the Rambam's Commentary on the Mishnah (Beitzah 4:5). Beitzah 32b and the Shulchan Aruch (Orach Chayim 507:4) speak of an instance where a brick or part of the lime covering of the oven wall fell and disturbed the cooking process.
|
| 29. |
By hand (Rambam's Commentary on the Mishnah, loc. cit.), seemingly implying that it is forbidden to use a utensil unless necessary.
|
| 30. |
The Maggid Mishneh states that this is permitted even though in the process one will extinguish the coals. Although Chapter 4, Halachah 2, states that it is forbidden to extinguish a fire on a holiday, it is possible to explain that a distinction can be made in this instance, for by extinguishing the flame it becomes possible to cook.
|
| 31. |
This follows the Rambam's position (Hilchot Shabbat 8:16) that one is not liable for mixing clay if one uses ashes. The Ra'avad differs with the Rambam both in Hilchot Shabbat and in this halachah. The Shulchan Aruch (loc. cit.:7) follows the Rambam's view.
|
| 32. |
Contact with cold water after being heated will seal the walls of an earthenware oven.
|
| 33. |
These prohibitions are instituted because these tasks are mundane matters that are not directly associated with the preparation of food on a holiday.
|
| 34. |
All the commentaries see this as a reference to the Mishnah (Beitzah 4:7), which forbids heating "tiles." They question why the Rambam deviated from the wording used there.
|
| 35. |
This refers to a cauldron used during the Talmudic period, made of heavy copper. It was made up of two receptacles, the upper one for water, and the lower one for the coals used to heat the water (Rambam's Commentary on the Mishnah, Shabbat 3:3).
Since the cauldron is large and remains hot for a very long time, one might think that its use would be forbidden on a holiday, lest one create the impression that one is preparing hot water for the day following the holiday (Maggid Mishneh).
|
| 36. |
As mentioned in Chapter 1, Halachot 5-7, our Sages forbade the performance of any labors on a holiday even for the sake of the preparation of food, if it is possible to perform these labors before the holiday begins.
|
| 37. |
The Shulchan Aruch (Orach Chayim 504:1) states that this is forbidden because it is a mundane activity that is inappropriate for a holiday. Others explain that, as stated in Chapter 1, Halachah 7, grinding is forbidden on a holiday.
|
| 38. |
The Shulchan Aruch (Orach Chayim 504:3) states that at present, we are unaware which is considered a small grinder and which a large grinder. Therefore, it is forbidden to use all grinders.
|
| 39. |
Although he accepts the law stated by the Rambam, the Ra'avad differs with the rationale, and explains that in Eretz Yisrael it was always customary to use a small grinder. Therefore, employing one on a holiday is not considered to be a deviation from the norm.
|
| 40. |
Although there are opinions that permit removing the pebble or the sliver by hand, Shulchan Aruch HaRav 506:4 and the Mishnah Berurah 506:12 forbid removing it by hand (for this would be removing waste matter from food as in Halachah 17), and require that the flour be sifted again.
|
| 41. |
If, however, the flour had not been sifted on the previous day, it may not be sifted on the holiday (Shulchan Aruch, Orach Chayim 506:2). It is, however, permissible to have a gentile sift the flour, provided he deviates from the ordinary practice (Ramah).
|
| 42. |
Our translation of these terms is taken from the Rambam's Commentary on the Mishnah (Keilim16:3). Most other authorities follow different interpretations.
|
| 43. |
The Maggid Mishneh explains that since it is customary to prepare a large quantity using these utensils, it appears as if the person were preparing on the holiday for the weekdays that follow. The Rashba offers another rationale: Since performing this function with these utensils on the Sabbath violates the prohibition against a forbidden labor, the Sages did not want to allow this leniency on the holidays. These reasons are also given for the prohibitions in the clause that follows.
|
| 44. |
I.e., one is thus separating the waste matter from the food.
|
| 45. |
And thus it is likely to be easier to separate the small amount of waste matter, than to separate all the food.
|
| 46. |
When the waste matter is thin and difficult to separate.
|
| 47. |
Which our Rabbis prohibited on a holiday, even when it is performed for the purpose of preparing food.
|
| 48. |
In his Commentary on the Mishnah (Shabbat 20:2), the Rambam explains that when raw eggs are mixed with coarse foods, they cause the lighter matter to rise above the heavier, coarse matter. Thus, mixing the egg with the mustard will cause the dregs of the mustard to be separated.
|
| 49. |
If, however, one does not use the filter for another purpose, one may not use it to filter wine afterwards.
|
---------------------
Hayom Yom:
• English Text | Video Class• Friday, Tevet 27, 5776 · 08 Jaanuary 2016
"Today's Day"
Monday Tevet 27 5703
Torah lessons: Chumash: Va'eira, Sheini with Rashi.
Tehillim: 120-134.
Tanya: It is different (p. 59)...Note there. (p. 61).
The Alter Rebbe said: Jewish physical matter is spiritual. G-d gives us material bounty for us to transform into something spiritual.1 When occasionally it is not so at the moment (G-d has not provided the material wealth), then we must give G-d whatever we can, even a "pauper's offering," and then He gives generously.
FOOTNOTES
1. See Adar II 29; Elul 27.---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• Friday, Tevet 27, 5776 · 08 Jaanuary 2016
"Today's Day"
Monday Tevet 27 5703
Torah lessons: Chumash: Va'eira, Sheini with Rashi.
Tehillim: 120-134.
Tanya: It is different (p. 59)...Note there. (p. 61).
The Alter Rebbe said: Jewish physical matter is spiritual. G-d gives us material bounty for us to transform into something spiritual.1 When occasionally it is not so at the moment (G-d has not provided the material wealth), then we must give G-d whatever we can, even a "pauper's offering," and then He gives generously.
FOOTNOTES
1. See Adar II 29; Elul 27.---------------------• Daily Thought:
Compassion
What is the difference between kindness and compassion?
Kindness gives to another.
Compassion knows no “other.”
---------------------
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