Torah Reading: Va'eira (Exodus 6:
2 God spoke to Moshe; he said to him, “I am Adonai. 3 I appeared to Avraham, Yitz’chak and Ya‘akov as El Shaddai, although I did not make myself known to them by my name, Yud-Heh-Vav-Heh [Adonai]. 4 Also with them I established my covenant to give them the land of Kena‘an, the land where they wandered about and lived as foreigners. 5 Moreover, I have heard the groaning of the people of Isra’el, whom the Egyptians are keeping in slavery; and I have remembered my covenant.
6 “Therefore, say to the people of Isra’el: ‘I am Adonai. I will free you from the forced labor of the Egyptians, rescue you from their oppression, and redeem you with an outstretched arm and with great judgments. 7 I will take you as my people, and I will be your God. Then you will know that I am Adonai your God, who freed you from the forced labor of the Egyptians. 8 I will bring you into the land which I swore to give to Avraham, Yitz’chak and Ya‘akov — I will give it to you as your inheritance. I am Adonai.’”
9 Moshe said this to the people of Isra’el. But they wouldn’t listen to him, because they were so discouraged, and their slavery was so cruel.
10 Adonai said to Moshe, 11 “Go in; and tell Pharaoh, king of Egypt, to let the people of Isra’el leave his land.” 12 Moshe said to Adonai, “Look, the people of Isra’el haven’t listened to me; so how will Pharaoh listen to me, poor speaker that I am?” 13 But Adonai spoke to Moshe and Aharon and gave them orders concerning both the people of Isra’el and Pharaoh, king of Egypt, to bring the people of Isra’el out of the land of Egypt.
)• Decree of Expulsion Issued for Portuguese Jews (1496)
Following the death of King Joao of Portugal in 1494, his son King Manuel I ascended the throne. When his legitimacy as heir to the throne was challenged, Manuel wished to marry Princess Isabel of Spain, daughter of Ferdinand and Isabella, in order to solidify his position. As a precondition to the marriage, the Spanish monarch demanded that Portugal expel its Jews—many of whom were refugees from the 1492 Spanish Expulsion who found refuge in the neighboring country of Portugal. Manuel agreed, and five days after the marriage agreement was signed, on Tevet 23 (5257), he issued a decree giving Portugal's Jews eleven months to leave the country.
Appreciating the Jews' economic value, Manuel was unhappy with the potential loss of this economic asset, and devised a way to have the Jews stay in Portugal—but as Christians. Initially, he instructed the Jews to leave from one of three ports, but soon he restricted them to leaving from Lisbon only. When October of 1497 arrived, thousands of Jews assembled there and were forcibly baptized. Many Jews decided to stay and keep their Jewish faith secret; they were called Marranos or Crypto-Jews.
Over the next 350 years, the infamous Inquisition persecuted, tortured and burned at the stake thousands of "marranos" throughout Spain, Portugal and their colonies for continuing to secretly practice the Jewish faith.
Links:
Samuel Nunez-Ribeiro—The Life of a Marrano
Spanish & Portuguese Expulsion; Inquisition
Daily Quote:
When one is connected above, one does not fall below[Rabbi Meir of Premishlan]
Daily Study:
Chitas and Rambam for today:
Chumash: Va'eira, 2nd Portion Exodus 6:14-6:28 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 6
14These [following] are the heads of the fathers' houses: The sons of Reuben, Israel's firstborn: Enoch, Pallu, Hezron, and Karmi, these are the families of Reuben. ידאֵ֖לֶּה רָאשֵׁ֣י בֵֽית־אֲבֹתָ֑ם בְּנֵ֨י רְאוּבֵ֜ן בְּכֹ֣ר יִשְׂרָאֵ֗ל חֲנ֤וֹךְ וּפַלּוּא֙ חֶצְרֹ֣ן וְכַרְמִ֔י אֵ֖לֶּה מִשְׁפְּחֹ֥ת רְאוּבֵֽן:
These [following] are the heads of the fathers’ houses: Since [Scripture] had to trace the lineage of the tribe of Levi as far as Moses and Aaron-because of Moses and Aaron-it commenced to trace their [the Israelites’] lineage in the order of their births, starting with Reuben. (In the Great Pesikta [Rabbathi] (7:7) I saw [the following statement]: Because Jacob rebuked [the progenitors of] these three tribes at the time of his death (Gen. 49:4-7), Scripture again traces their lineage here by themselves, to infer that [even though Jacob rebuked them] they are of high esteem.) אלה ראשי בית אבתם: מתוך שהוזקק ליחס שבטו של לוי עד משה ואהרן, בשביל משה ואהרן התחיל ליחסם דרך תולדותם מראובן. [ובפסיקתא רבתי ראיתי לפי שקנטרם יעקב אביהם לשלשה שבטים הללו בשעת מותו, חזר הכתוב ויחסם כאן לבדם לומר שחשובים הם]:
15And the sons of Simeon: Jemuel and Jamin and Ohad and Jachin and Zohar and Saul, the son of the Canaanitess, these are the families of Simeon. טווּבְנֵ֣י שִׁמְע֗וֹן יְמוּאֵ֨ל וְיָמִ֤ין וְאֹ֨הַד֙ וְיָכִ֣ין וְצֹ֔חַר וְשָׁא֖וּל בֶּן־הַכְּנַֽעֲנִ֑ית אֵ֖לֶּה מִשְׁפְּחֹ֥ת שִׁמְעֽוֹן:
16And these are the names of Levi's sons after their generations: Gershon, Kehath, and Merari, and the years of Levi's life were one hundred thirty seven years. טזוְאֵ֨לֶּה שְׁמ֤וֹת בְּנֵֽי־לֵוִי֙ לְתֹ֣לְדֹתָ֔ם גֵּֽרְשׁ֕וֹן וּקְהָ֖ת וּמְרָרִ֑י וּשְׁנֵי֙ חַיֵּ֣י לֵוִ֔י שֶׁ֧בַע וּשְׁלשִׁ֛ים וּמְאַ֖ת שָׁנָֽה:
and the years of Levi’s life: Why were Levi’s years counted? To let us know how many were the years of bondage. For as long as one of the tribes was alive, there was no bondage, as it is said: “Now Joseph died, as well as all his brothers,” and afterwards, “A new king arose” (Exod. 1:6, 8), and Levi outlived them all. — [from Seder Olam, ch. 3] ושני חיי לוי וגו': למה נמנו שנותיו של לוי, להודיע כמה ימי השעבוד, שכל זמן שאחד מן השבטים קיים לא היה שעבוד, שנאמר (שמות א ו) וימת יוסף וכל אחיו, ואחר כך (שם ח) ויקם מלך חדש, ולוי האריך ימים על כולם:
17The sons of Gershon: Libni and Shimei to their families. יזבְּנֵ֥י גֵֽרְשׁ֛וֹן לִבְנִ֥י וְשִׁמְעִ֖י לְמִשְׁפְּחֹתָֽם:
18And the sons of Kehath were Amram, Izhar, Hebron, and Uzziel, and the years of Kehath's life were one hundred thirty three years. יחוּבְנֵ֣י קְהָ֔ת עַמְרָ֣ם וְיִצְהָ֔ר וְחֶבְר֖וֹן וְעֻזִּיאֵ֑ל וּשְׁנֵי֙ חַיֵּ֣י קְהָ֔ת שָׁל֧שׁ וּשְׁלשִׁ֛ים וּמְאַ֖ת שָׁנָֽה:
And the years of Kehath's life and the years of Amram's life etc: From this calculation we learn that the 400 year sojourn of the B'nei Yisrael which Scriptures talks about, it was not [spent] in Egypt alone but, rather [was calculated] from the day Yitzchok was born. [This can be calculated thus:] For Kehath was among those who went down to Egypt, [Now] calculate all his years and the years of Amram, [his son] and the eighty years of Moshe, you will find that they do not total 400 years, many of the [sons'] years are included in the fathers' years ושני חיי קהת ושני חיי עמרם וגו': מחשבון זה אנו למדים על מושב בני ישראל ארבע מאות שנה שאמר הכתוב, שלא בארץ מצרים לבדה היו, אלא מיום שנולד יצחק, שהרי קהת מיורדי מצרים היה, חשוב כל שנותיו ושנות עמרם ושמונים של משה לא תמצאם ארבע מאות שנה, והרבה שנים נבלעים לבנים בשני האבות:
19And the sons of Merari were Mahli and Mushi; these are the families of the Levites according to their generations. יטוּבְנֵ֥י מְרָרִ֖י מַחְלִ֣י וּמוּשִׁ֑י אֵ֛לֶּה מִשְׁפְּחֹ֥ת הַלֵּוִ֖י לְתֹֽלְדֹתָֽם:
20Amram took Jochebed, his aunt, as his wife, and she bore him Aaron and Moses, and the years of Amram's life were one hundred thirty seven years. כוַיִּקַּ֨ח עַמְרָ֜ם אֶת־יוֹכֶ֤בֶד דֹּֽדָתוֹ֙ ל֣וֹ לְאִשָּׁ֔ה וַתֵּ֣לֶד ל֔וֹ אֶת־אַֽהֲרֹ֖ן וְאֶת־משֶׁ֑ה וּשְׁנֵי֙ חַיֵּ֣י עַמְרָ֔ם שֶׁ֧בַע וּשְׁלשִׁ֛ים וּמְאַ֖ת שָׁנָֽה:
Jochebed, his aunt: Heb. דֹדָתוֹ [Onkelos renders:] his father’s sister, the daughter of Levi, the sister of Kehath. יוכבד דדתו: אחת אבוהי בת לוי אחות קהת:
21And the sons of Izhar were Korah and Nepheg and Zichri. כאוּבְנֵ֖י יִצְהָ֑ר קֹ֥רַח וָנֶ֖פֶג וְזִכְרִֽי:
22And the sons of Uzziel were Mishael, Elzaphan, and Sithri. כבוּבְנֵ֖י עֻזִּיאֵ֑ל מִֽישָׁאֵ֥ל וְאֶלְצָפָ֖ן וְסִתְרִֽי:
23Aaron took to himself for a wife, Elisheba, the daughter of Amminadab, the sister of Nahshon, and she bore him Nadab and Abihu, Eleazar and Ithamar. כגוַיִּקַּ֨ח אַֽהֲרֹ֜ן אֶת־אֱלִישֶׁ֧בַע בַּת־עַמִּֽינָדָ֛ב אֲח֥וֹת נַחְשׁ֖וֹן ל֣וֹ לְאִשָּׁ֑ה וַתֵּ֣לֶד ל֗וֹ אֶת־נָדָב֙ וְאֶת־אֲבִיה֔וּא אֶת־אֶלְעָזָ֖ר וְאֶת־אִֽיתָמָֽר:
the sister of Nahshon: From here we learn that one who contemplates taking a wife must [first] investigate her brothers. — [from B.B. 110a, Exod. Rabbah 7:5] אחות נחשון: מכאן למדנו הנושא אשה צריך לבדוק באחיה:
24And the sons of Korah were Assir, Elkanah and Abiasaph; these are the families of the Korahites. כדוּבְנֵ֣י קֹ֔רַח אַסִּ֥יר וְאֶלְקָנָ֖ה וַֽאֲבִֽיאָסָ֑ף אֵ֖לֶּה מִשְׁפְּחֹ֥ת הַקָּרְחִֽי:
25Eleazar, the son of Aaron, took himself [one] of the daughters of Putiel to himself as a wife, and she bore him Phinehas; these are the heads of the fathers' [houses] of the Levites according to their families. כהוְאֶלְעָזָ֨ר בֶּן־אַֽהֲרֹ֜ן לָֽקַח־ל֨וֹ מִבְּנ֤וֹת פּֽוּטִיאֵל֙ ל֣וֹ לְאִשָּׁ֔ה וַתֵּ֥לֶד ל֖וֹ אֶת־פִּֽינְחָ֑ס אֵ֗לֶּה רָאשֵׁ֛י אֲב֥וֹת הַֽלְוִיִּ֖ם לְמִשְׁפְּחֹתָֽם:
[one] of the daughters of Putiel-: Of the seed of Jethro, who fattened (פִּטֵּ ם) calves for idolatry (see Rashi on Exod. 2:16) and [who was also] of the seed of Joseph, who defied and fought (פִּטְפֵּט) against his passion [when he was tempted by Potiphar’s wife]. — [from B.B. 109b] מבנות פוטיאל: מזרע יתרו שפטם עגלים לעבודה זרה. ומזרע יוסף שפטפט ביצרו:
26That is Aaron and Moses, to whom the Lord said, "Take the children of Israel out of the land of Egypt with their legions." כוה֥וּא אַֽהֲרֹ֖ן וּמשֶׁ֑ה אֲשֶׁ֨ר אָמַ֤ר יְהֹוָה֙ לָהֶ֔ם הוֹצִ֜יאוּ אֶת־בְּנֵ֧י יִשְׂרָאֵ֛ל מֵאֶ֥רֶץ מִצְרַ֖יִם עַל־צִבְאֹתָֽם:
That is Aaron and Moses: Who are mentioned above [verse 20], whom Jochebed bore to Amram, [these two] are [the same] Aaron and Moses to whom the Lord said, etc. In some places, [Scripture] places Aaron before Moses, and in other places it places Moses before Aaron, to tell us that they were equal. — [from Mechilta, 7:1] הוא אהרן ומשה: אלו שהוזכרו למעלה, שילדה יוכבד לעמרם, הוא אהרן ומשה. יש מקומות שמקדים אהרן למשה ויש מקומות שמקדים משה לאהרן, לומר לך ששקולין כאחד:
with their legions: Heb. ע ַל-צִבְאֹתָם [equivalent to בְּ צִ בְאֹתָם], with their legions. [I.e.,] all their legions according to their tribes. There are [examples] of עַל when it is used instead of one letter, [e.g.,] “you shall live by your sword (עַל-חַרְבְּ) ” (Gen. 27:40), [which is] the same as בְּחַרְבְּ [by your own sword]; You stood by your sword (עַל-חַרְבְּכֶם) (Ezek. 33:26), [which is the same as] בְּחַרְבְּכֶם על צבאתם: בצבאותם, כל צבאם לשבטיהם. יש על שאינו אלא במקום אות אחת (בראשית כז מ) ועל חרבך תחיה, כמו בחרבך, (יחזקאל לג כו) עמדתם על חרבכם, כמו בחרבכם:
27They are the ones who spoke to Pharaoh, the king of Egypt, to let the children of Israel out of Egypt; they are Moses and Aaron. כזהֵ֗ם הַֽמְדַבְּרִים֙ אֶל־פַּרְעֹ֣ה מֶֽלֶךְ־מִצְרַ֔יִם לְהוֹצִ֥יא אֶת־בְּנֵֽי־יִשְׂרָאֵ֖ל מִמִּצְרָ֑יִם ה֥וּא משֶׁ֖ה וְאַֽהֲרֹֽן:
They are the ones who spoke, etc: [It was] they [who] are the ones who were commanded, and they are the ones who fulfilled [what they had been commanded to do, i.e., speak to Pharaoh]. הם המדברים וגו': הם שנצטוו הם שקיימו:
they are Moses and Aaron: They remained in their mission and in their righteousness from beginning to end. — [from Meg. 11a] הוא משה ואהרן: הם בשליחותם ובצדקתם מתחלה ועד סוף:
28Now it came to pass on the day that the Lord spoke to Moses in the land of Egypt, כחוַיְהִ֗י בְּי֨וֹם דִּבֶּ֧ר יְהֹוָ֛ה אֶל־משֶׁ֖ה בְּאֶ֥רֶץ מִצְרָֽיִם:
Now it came to pass on the day that the Lord spoke, etc.: [This is] connected with the following verse: [“That the Lord spoke to Moses”]. ויהי ביום דבר וגו': מחובר למקרא שלאחריו:
---------------------
Daily Tehillim: Chapters 108 - 112
• Hebrew text
• English text
• Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken the dawn.
4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city? Who led me unto Edom?
12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary; futile is the help of man.
14. Through God we will do valiantly, and He will trample our oppressors.
Chapter 109
David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm. O God of my praise, be not silent.
2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.
3. They have surrounded me with words of hate, and attacked me without cause.
4. In return for my love they hate me; still, I am [a man of] prayer.
5. They placed harm upon me in return for my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an adversary stand at his right.
7. When he is judged may he go out condemned; may his prayer be considered a sin.
8. May his days be few; may another take his position.
9. May his children be orphans and his wife a widow.
10. May his children wander about and beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may their name be erased in a later generation.
14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always, and may He cut off their memory from the earth.
16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].
17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my heart has died within me.
23. Like the fleeting shadow I am banished, I am tossed about like the locust.
24. My knees totter from fasting, and my flesh is lean without fat.
25. And I became a disgrace to them; they see me and shake their heads.
26. Help me, Lord, my God, deliver me according to Your kindness.
27. Let them know that this is Your hand, that You, Lord, have done it.
28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”
2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has crushed kings on the day of His fury.
6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.
7. He will drink from the stream on the way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.
1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet] available to all who desire them.
3. Majesty and splendor are His work, and His righteousness endures forever.
4. He established a memorial for His wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He remembered His covenant always.
6. He has declared the power of His deeds to His people, to give them the inheritance of nations.
7. The works of His hands are true and just; all His mandates are faithful.
8. They are steadfast for ever and ever, for they are made with truth and uprightness.
9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.
Chapter 112
This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house, and his righteousness endures forever.
4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.
10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.
---------------------
Tanya: Likutei Amarim, end of Chapter 12
• Lessons in Tanya
Tanya: Likutei Amarim, end of Chapter 12
• Lessons in Tanya
• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Monday, Tevet 23, 5776 · January 4, 2016
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Monday, Tevet 23, 5776 · January 4, 2016
Today's Tanya Lesson
Likutei Amarim, end of Chapter 12
רק שלזה מועיל הרשימו במוחין, ויראת ה׳ ואהבתו המסותרת בחלל הימני
However, the impression retained in his mind from his meditation, during prayer, on G‑d’s greatness, and the [natural] love and fear of G‑d hidden in the right part of his heart, enable him
להתגבר ולשלוט על הרע הזה המתאוה תאוה
to prevail over and dominate the evil [animal soul’s] craving,
שלא להיות לו שליטה וממשלה בעיר, להוציא תאותו מכח אל הפועל, להתלבש באברי הגוף
preventing the evil from gaining the supremacy and dominion over the “city” (the body), and carrying out its craving from the potential to the actual by clothing itself in the organs of the body in actual speech or deed.
ואפילו במוח לבדו, להרהר ברע, אין לו שליטה וממשלה להרהר חס ושלום ברצונו שבמוחו
Furthermore: even in the mind alone, with respect to sinful thought, the evil has not the dominion and power to cause him (G‑d forbid) to think such thoughts consciously;
שיקבל ברצון חס ושלום הרהור זה הרע העולה מאליו מהלב למוח כנ״ל
i.e., [to cause the mind] to accept willingly, G‑d forbid, the evil thought that rises of its own accord — unbidden — from the heart to the mind, as explained above.1
Evil thoughts will occur to him involuntarily, because the evil in his heart craves evil; however, the evil does not have the final say on what he will let his mind accept willingly; the Beinoni’s conscious mind is dominated by the divine soul.
אלא מיד בעלייתו לשם, דוחהו בשתי ידים ומסיח דעתו
Instead, immediately upon [the thought’s] rising to [the mind], he — the Beinoni — thrusts it aside as it werewith both hands, and averts his mind from it,
מיד שנזכר שהוא הרהור רע
the instant he realizes that it is an evil thought.
ואינו מקבלו ברצון, אפילו להרהר בו ברצון, וכל שכן להעלותו על הדעת לעשותו, חס ושלום, או אפילו לדבר בו
He will refuse to accept it even as a subject for mere conscious thought, and will certainly not entertain the notion of acting on it, G‑d forbid, or even speaking of it.
כי המהרהר ברצון נקרא רשע באותה שעה
For he who willingly indulges in such thoughts is deemed a rasha at that moment,
והבינוני אינו רשע אפילו שעה אחת לעולם
while the Beinoni is never wicked even for a single moment. Obviously, then, the Beinoni would not willingly entertain evil thoughts.
The discussion of his mastery over his animal soul has thus far centered on matters pertaining to man’s relationship with G‑d. It now moves to another area:
וכן בדברים שבין אדם לחבירו
So, too, in matters “between man and his fellow-man.”
The Beinoni will not grant expression in thought, speech or action to any evil feelings toward his fellow.
מיד שעולה לו מהלב למוח איזו טינא ושנאה, חס ושלום
As soon as there rises from his heart to his mind any animosity or hatred, G‑d forbid,
או איזו קנאה או כעס או קפידא ודומיהן
or jealousy, anger or a grudge, and their like,
אינו מקבלן כלל במוחו וברצונו
he will bar them from his mind and will, refusing even to think of them.
ואדרבה המוח שליט ומושל ברוח שבלבו לעשות ההפך ממש
On the contrary, his mind will prevail over and dominate the feelings of his heart, to do the exact oppositeof that which the heart desires,
להתנהג עם חבירו במדת חסד
namely, to conduct himself toward his fellow with the quality of kindness (as opposed to the quality of “severity”, where hatred and anger originate),
וחיבה יתרה מודעת לו, לסבול ממנו עד קצה האחרון
and to display towards his fellow a disproportionate love, in suffering from him to the furthest extreme,
ולא לכעוס חס ושלום וגם שלא לשלם לו כפעלו, חס ושלום
without being provoked into anger, G‑d forbid, or to take revenge in kind, G‑d forbid, even without anger;
אלא אדרבה לגמול לחייבים טובות
but, on the contrary, to repay offenders with favors,
כמו שכתוב בזהר ללמוד מיוסף עם אחיו
as taught in the Zohar,2 that we should learn from the example of Joseph’s conduct with his brothers,when he repaid them for the suffering they brought upon him, with kindness and favors.
Thus, in his relations with his fellow-man as well, the Beinoni does not permit the evil in his heart to express itself in thought, word or deed.
It is thus understood from this chapter, that with regard to practice the divine soul is the Beinoni’s only master. He neither thinks, speaks nor does anything forbidden, but acts only in acordance with Torah and mitzvot. As regards his essence, however, i.e., his intellect and emotions, he has another master as well; his animal soul is still powerful, and it can and does arouse evil desires in his heart.
In connection with the statement made earlier in this chapter, that the time of prayer is propitious for spiritual elevation, an aphorism of the previous Lubavitcher Rebbe, Rabbi J.I. Schneersohn, comes to mind:
When a Jew studies Torah he feels like a student before G‑d, his teacher, Whose wisdom he is studying. When he prays, he feels like a child before his father.
——— ● ———
| FOOTNOTES | |
| 1. | Ch. 9. |
| 2. | Zohar I, p. 201a. |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Monday, Tevet 23, 5776 · January 4, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 155
Sanctifying the Shabbat
"Remember the Shabbat to keep it holy"—Exodus 20:8.
We are commanded to honor the Shabbat when it enters and when it leaves by pronouncing words that proclaim the greatness and holiness of the day, and its distinctness from the weekdays that precede and follow it. This mitzvah – commonly known askiddush and havdalah – is preformed over a cup of wine.
Full text of this Mitzvah »
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 155
Sanctifying the Shabbat
"Remember the Shabbat to keep it holy"—Exodus 20:8.
We are commanded to honor the Shabbat when it enters and when it leaves by pronouncing words that proclaim the greatness and holiness of the day, and its distinctness from the weekdays that precede and follow it. This mitzvah – commonly known askiddush and havdalah – is preformed over a cup of wine.
Full text of this Mitzvah »
Sanctifying the Shabbat
Positive Commandment 155
Translated by Berel Bell
The 155th mitzvah is that we are commanded to make a verbal declaration when Shabbos enters and when it leaves. We must mention the greatness and exalted character of this day, and how it is distinct from the other days of the week which precede it and follow it.
The source of this commandment is G‑d's statementex1 (exalted be He), "Remember the Shabbos day to sanctify it." This means that one should commemorate it through mentioning its holiness and greatness. This is the mitzvah of Kiddush.
The Mechilta says the following: " 'Remember the Shabbos day to sanctify it,' — this means one should sanctify it through reciting a blessing." The Sages said explicitly,2 "Remember [Kiddush] over wine."
The Sages also said,3 "Sanctify it when it enters and when it leaves," [the phrase, "when it leaves"] referring to Havdalah, which is also part of our commandment to remember Shabbos.
The details of this commandment are explained in the end of tractate Pesachim4, and in many places in Berachos5 and Shabbos6.
FOOTNOTES
1.Shmos 20:8.
2.Pesachim 106a.
3.See Kapach, 5731, note 71, that the apparent source is Sh'iltos D'Rav Achai, parshas Zos HaBerachah.
4.. 106a.
5.. 51b.
6.. 150b.
------------------------------------------------------------
• 1 Chapter: Terumot Terumot - Chapter 11 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
• 1 Chapter: Terumot Terumot - Chapter 11 • English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Terumot - Chapter 11
Halacha 1
Terumah may be used for eating, drinking, and smearing upon oneself, for smearing upon oneself is equivalent to drinking, as [indicated by Psalms 109:18]: "It has entered his innards like water and like oil into his bones." And drinking is like eating.1
Halacha 2
It is permitted to compress dates that are terumah and collect them as a cake of dried dates.4 It is, however, forbidden to make them into beer.5 [For the same reason,] we do not make dates into honey, nor apples, wine, nor fall produce into vinegar.6 Similarly, with regard to other produce, we do not change them from their natural state if they are terumah; the only exceptions are olives and grapes.7
If one transgressed and made food into a beverage, one should drink it.8When a non-priest partakes of date-honey, apple-wine, or the like that isterumah inadvertently, he is not liable to make restitution.9 If he partook [of such products] intentionally, he should be given stripes for rebellious conduct.10
Halacha 3
We may not place dried dates and dried figs [that are terumah] into brine.11One may, however, place wine in brine.12 We do not place fragrant herbs in oil, because doing so removes it from the category of food and makes it oil for smearing. One may mix wine, honey, pepper, and the like, in order to partake of them.13
Halacha 4
We do not boil wine that is terumah, because this reduces its quantity.14 We do not pickle onions that are terumah in vinegar that is terumah, because this spoils the vinegar.
We do not mix grain with legumes.15 All substances that become distinct from each other when they are sorted through a sieve may be mixed together. When the land of Judah was laid waste,16 [the people] began mixing one type of grain with another17 and one type of legumes with another. They did not, however, [mix] grain with legumes.
Halacha 5
In the same way as ordinary flour is sifted, so too, a priest [sifts flour] that isterumah. He sifts [what is fit] to eat and discards the bran.18 If he desires to make fine flour, he should sift it many times until he produces a kab or twokabbim from a se'ah.19 He should not discard the remainder, because it is fit to be eaten.20 Instead, he should place it in a private place.21
Halacha 6
Oil that is terumah should not be used to seal an oven or a range,22nor should it be smeared on a shoe or sandal.23 Nor should one smear it on his foot while [the foot] is in a shoe or sandal.24 He may, however, smear [oil that isterumah] on his foot and put on a shoe or smear his entire body and then roll on a new leather mat. Even though they will be smeared, he need not show concern.25 He should not, however, place oil on a marble tablet to roll upon because he causes it to be ruined.26
Halacha 7
Whenever anyone partakes of terumah - even fruit27 - he must wash his hands [before doing so. This applies] even if his hands are pure, as will be explained in the appropriate place.28 It may not be eaten on a table at which a non-priest [is dining; this is] a decree lest he partake of it. Terumah from the Diaspora29 may be eaten on a table at which a non-priest [is dining] and, like ordinary food, does not require that one wash his hands before partaking of it.
We do not smear oil that is terumah with soiled30 hands.31 If, however, [such oil] fell on his flesh, he can rub it with soiled hands.32 One may apply oil that isterumah to an infant during the seven days after he was born [even though he is uncircumcised].33 For a newborn is not considered as uncircumcised for the first seven days [of his life].34
Halacha 8
Halacha 9
Halacha 10
The stems of figs, dried figs, wild figs, carobs, the insides of melons,41 the peels of melons, esrogim, and cucumbers even if they do not contain any food, and the extremities of the vegetables that are discarded by homeowners [when preparing vegetables],42 are forbidden to non-priests.43 The extremities of the vegetables that are cut off by gardeners, by contrast, are permitted to non-priests.44
The casings of beans and sesame seeds are forbidden if they contain food. If they do not contain food, they are permitted.
Halacha 11
The seeds of esrogim are permitted to be eaten.45 The seeds of olives, dates, and carobs, [by contrast,] even though they were not collected by a priest, are forbidden to a non-priest.46 With regard to other seeds, [the rule is]: If they were collected and have moisture, so that they can be sucked, they are forbidden to a non-priest. If they were discarded, they are permitted.47
Halacha 12
Bran from wheat: Fresh bran is forbidden, for it is fit to be eaten by humans. Aged bran is permitted.48 Until when is the bran considered fresh? For the entire time that people are accustomed to beat the grain at the granaries.
Halacha 13
Lower quality and slight rotten kernels of grain that are terumah are forbidden.49 If they already produce dust,50 they are permitted. When one pours water over dregs [of grapes] that are terumah, the first and second batches are forbidden to non-priests, but the third is permitted.51 If one does not pour water over them, but instead, strains off the wine from the seeds, even the third straining is forbidden to non-priests.
Halacha 14
When one has cleared the kernels of wheat that are terumah from a grainheap, we do not require the owner to sit and collect the [leftover] kernels one by one and [only after collecting them] bring ordinary grain there. Instead, he may sweep the area in the ordinary manner, and then bring ordinary grain there.52 Similarly, when a jug of oil that is terumah spills, we don't require [the owner] to sponge it up until [the earth] is dry.53 Instead, he may conduct himself as he does with ordinary [oil].54
Halacha 15
When a person pours out oil that is terumah from a jug, he should continue pour until the stream [of oil] ceases and the oil begins to drip, little by little. Once three drops have dropped one after the other, it is sufficient. It is permitted to place ordinary oil in that jug.55 If, however, he did not place ordinary oil and leaned the jug on its side until the remnants [of the oil] collected together, those remnants are terumah.56
Halacha 16
Halacha 17
When an Israelite was a guest at a priest's [home]59 and the priest kindled oil fit to be burnt for him and then departed, he is not required to extinguish [the lamp] until it burns out on its own.60An Israelite may dip a wick in the lamp of a priest61 and kindle it so that he may proceed [using] it.62
Halacha 18
When livestock belonging to a priest was standing next to livestock belonging to an Israelite or when garments belonging to a priest were being woven next to garments belonging to an Israelite, oil that is fit for burning may be kindled because of them without the permission of the priest.63
Similarly, we can light oil that is fit to be burnt in synagogues, houses of study, and dark alleyways without the permission of a priest.64And a person who does not have ordinary oil to kindle a Chanukah lamp may kindle oil that is fit to be burnt without permission of a priest.65 We may kindle oil that is fit to be burnt above the sick with the permission of a priest.66
Halacha 19
When a daughter of an Israelite who is married to a priest frequently visits her father, he may light [such oil] with her permission.67 It is permitted for a priest to kindle oil fit to be burnt in a house of mourning or at a wedding celebration68even though a multitude of people are present. We do not suspect that the people will partake of it. At a wedding celebration, [this will not take place] because they will not touch it because of their garments are clean,69 and in a house of mourning, the people will not feel free to do so because of their mourning.70
Halacha 20
When a person sows terumah unknowingly, he should turn it over.71 If he did so intentionally, he must maintain [the crop].72 Once it reaches a third of its growth, whether he sowed it intentionally or unknowingly, he must maintain [the crop].73 If it was flax, even if it reached a third of its growth and even if he sowed it intentionally, he must turn it over.74 This is a penalty so that he should not sow it with the intention of benefiting from its fibers.75
Halacha 21
Produce that grows from terumah is considered as ordinary produce with regard to all matters76 except that it is forbidden to non-priests.77 Our Sages decreed that it be forbidden to non-priests like terumah [as a safeguard], lest a priest maintain possession of impure terumah with the intent of sowing it and producing [a crop of] ordinary produce and this lead to undesirable consequences. Therefore, it is permitted to eat the products [of such plantings] with impure hands78 and a person who has immersed himself that day79 may partake of them like ordinary produce.
Halacha 22
Produce grown from produce grown [from terumah] are like ordinary produce with regard to all matters.80 [This applies] even to types of produce whose seeds do not decompose81 provided the new growth exceeds the root82 in the second generation of produce. [In such a situation,] the new growth elevates the root even if the seed does not decompose and the entire [plant] is permitted to be eaten by non-priests.83
The same applies with regard to [produce that grows from] terumah from the Diaspora,84 terumah mixed with ordinary produce,85 extra terumah,86 or seeds from garden vegetables that are not eaten themselves, e.g., turnips and radishes. Although the turnips and radishes themselves are terumah, [the produce] growing from their [seeds] is like ordinary produce with regard to all matters.87Similarly, when a person sows flaxseed that is terumah, the plants growing from it are permitted to non-priests.88
Halacha 23
When a person sows terumah that is impure, even though the produce that grows is ritually pure, it is forbidden to partake of it.89 [The rationale is that] since the terumah that was sown was forbidden to be eaten, it was already cast off. [Hence, it remains forbidden].
Halacha 24
If he cut off the leaves that grew and then another set of leaves grew and he cut them off, the produce that emerge afterwards is permitted to be eaten.90
Halacha 25
When plants of ordinary produce became impure and afterwards, they were sown and designated as terumah, they are permitted [to be eaten. The rationale is that] sowing them caused them to be considered pure and they did not become impure while they were terumah so that they would be forbidden.
Halacha 26
When a stalk [of grain] was in the midst of a grain heap and one straightened the edges of the grain heap,91 this stalk is considered tevel, because it was in the grain heap when it was straightened. If [that stalk] was planted,92 and then it was singled out and designated as terumah, there is an unresolved question if it is terumah. Since it was planted, it is possible to say that it was released from the categorization as tevel93 and is considered as produce for which all the required work was not completed.
If, however, it was designated as terumah before it was planted, it isterumah.94 Therefore if one ripped off [a portion] of it and ate it willfully, he is liable for death [at the hand of heaven]. If he did so unknowingly, he must [make restitution and add] a fifth. If he bent over and ate from the ground with his mouth, his intent95 is of no consequence because of the approach of people at large [and] it is not the ordinary practice for people to eat in this manner. Therefore he is not liable for death, nor for the [additional] fifth if he acted unknowingly.
Halacha 27
The obligations of leket, shichichah, pe'ah, terumah the tithes and the tithe given to the poor apply with regard to a field of produce that grew fromterumah. Poor Israelites and poor priests come and take these presents. The poor priests eat those that they acquire. The poor Israelites sell theirs to the priests for the price of terumah.96 Similarly, a Levite must sell his tithes to a priest.97
Halacha 28
A person who crushes such produce is praiseworthy. When a person threshes it with an animal, what should he do?98 He should tie a bucket around the animals neck and place the type of grain it is threshing in it. Thus he will neither be muzzling the animal, nor feeding it terumah.
| FOOTNOTES | |
| 1. |
The intent is that a person may benefit from terumah in all the ways one ordinarily benefits from produce.
|
| 2. |
For it is not common to smear these substances.
|
| 3. |
One may not, however, burn pure terumah oil. Since it is fit to be used for a person's direct satisfaction, it should not be used merely as kindling fuel (Radbaz).
|
| 4. |
For this is considered as benefiting from dates as food.
|
| 5. |
In Babylon, it was customary to make beer out of dates. Nevertheless, it is forbidden to do this from dates which are terumah, because one should not make terumah which is food into a liquid (the Rambam's Commentary to the Mishnah, Terumot 11:3).
|
| 6. |
Although fall grapes are not of the same quality as ordinary summer grapes and thus might be used for vinegar, since this is a deviation of the ordinary way in which the grapes are used, it is not appropriate to use terumah produce in this manner.
|
| 7. |
For using them to produce oil and wine respectively is considered an ordinary - if not the preferable way - of using them. Indeed, when mentioning these products, Numbers 18:12 refers to them as "oil" and "wine," not as olives and grapes [the Rambam's Commentary to the Mishnah (Terumot 11:3)].
|
| 8. |
For it is still considered as terumah and it should not be wasted.
|
| 9. |
For they are not considered as the fruit itself, merely as its by-products.
The Ra'avad maintains that if these products were already given to a priest, the non-priest must make restitution for their value. For taking them is equivalent to stealing. The Radbaz and theKessef Mishnehmaintain that the Rambam would also accept this ruling, for in his Commentary to the Mishnah (ibid.:2), he states that the person who partakes of these products is liable for the principal, but not for an additional fifth.
|
| 10. |
The punishment given for violating a Rabbinic prohibition. He is not considered as liable for lashes, because he is not liable for the transgression of a Scriptural prohibition for the same reason mentioned in the previous note.
|
| 11. |
Because this ruins them. Putting these fruits into brine would allow the juice they contained to be extracted.
|
| 12. |
This is done to improve the flavor of the brine.
|
| 13. |
It was common to make such a mixture in the Talmudic era.
|
| 14. |
This applies even though boiling it improves its taste and fragrance [the Rambam's Commentary to the Mishnah (ibid.)].
|
| 15. |
For this ruins the grain and grain is more important than legumes (Radbaz).
|
| 16. |
In the Roman conquest.
|
| 17. |
There was a sparsity of grain and the people did not care to differentiate one species from the other.
|
| 18. |
Even though it is terumah and he will thus be discarding bran that is terumah. This is allowed since he is doing the same as he would with ordinary produce.
|
| 19. |
A se'ah contains six kabbim. Nevertheless, because the person is sifting the flour carefully, he may be left with only one or two kabbim from the entire se'ah.
|
| 20. |
Hence it is forbidden to destroy it.
|
| 21. |
Where it will not be taken by another person.
|
| 22. |
For this will be using it for a purpose other than a person's direct physical benefit.
|
| 23. |
Applying oil to leather objects strengthens them (Kessef Mishneh).
|
| 24. |
Because the oil will be applied to the shoe and the sandal directly.
|
| 25. |
Once the oil has been applied to his flesh, its sacred quality is divested. Hence, the fact that afterwards, the oil becomes applied to the leather is not significant.
|
| 26. |
One certainly is not allowed to place oil that is terumah on a leather mat, because that will cause it to be absorbed in the mat and thus not applied to the person's skin. One might, however, think that it is permitted to use a marble tablet for this purpose, because none of the oil will be absorbed. Nevertheless, a certain amount of oil will remain on the tablet and thus be ruined. This is forbidden (Kessef Mishneh).
|
| 27. |
Washing one's hands before partaking of ordinary fruit is, by contrast, considered a sign of haughtiness (Hilchot Berachot 6:3). With regard to bread, however, our Sages ordained that one must wash even before partaking of ordinary bread.
|
| 28. |
See Hilchot Sha'ar Avot HaTumah 8:8. See also the Rambam's Commentary to the Mishnah (Challah 1:9).
|
| 29. |
Which is separated only by virtue of Rabbinic decree.
|
| 30. |
The intent is not necessarily impure hands, but any hands that one has not watched carefully to make sure that they are pure. For if one touches oil with such hands, it is impure by Rabbinic decree (Hilchot Sha'ar Avot HaTuma'ah 8:8-10).
|
| 31. |
For this would make the terumah impure and that is forbidden. Instead, one must wash his hands before applying oil to his body (Kessef Mishneh).
|
| 32. |
For once it comes in contact with his flesh, its sacred quality departs and the fact that one's hands are impure is not significant (ibid., based on Keritot 7a).
|
| 33. |
And it is forbidden for an uncircumcised person to make use of terumah, as stated in Chapter 7, Halachah 10.
|
| 34. |
In his gloss to the Mishneh Torah, B'nei Yaakov notes that although this question is left unresolved by the Babylonian Talmud (Yevamot 71a), the Rambam's ruling is based on the Jerusalem Talmud where the question is resolved.
|
| 35. |
Even though his Israelite grandson will come in contact with the oil and benefit from it, that is of no concern for once it touches the flesh of the priest, its holiness departs and even a non-priest may benefit from it.
|
| 36. |
The Kessef Mishneh offers this interpretation in order to maintain the standard version of theMishneh Torah. He, however, suggests that the version is in error and that the proper version is that he can attend to him.
|
| 37. |
A pungent herb.
|
| 38. |
Although the chilbahwill also be applied to the hair of the Israelite woman, since it was first applied to the hair of the priest's daughter, its holiness has departed and it can then be applied to the Israelite woman's hair.
|
| 39. |
For this is not considered direct physical benefit, like eating.
|
| 40. |
I.e., it is not normally eaten, because its taste is too sharp. If, however, it was entirely unfit for human consumption, there would be no obligation to separate terumah from it (Kessef Mishneh, see Chapter 2, Halachah 8, and Chapter 12, Halachah 7).
|
| 41. |
The seeds and the juice in the melon [the Rambam's Commentary to the Mishnah (Ediot 3:3)].
|
| 42. |
The tops and stems of vegetables that are cut off when preparing a vegetable for cooking (ibid.).
|
| 43. |
Even though they are not fit to be eaten, since they are in contact with the food, they are considered like food (Radbaz).
|
| 44. |
For they cut off only those leaves that are not at all fit to be eaten, a homeowner, by contrast, will discard even those that are slightly undesirable (Kessef Mishneh). The Rambam is apparently relying on a version of the Jerusalem Talmud (Terumot 11:4) which is different than the standard printed version of the text.
|
| 45. |
For they are bitter and are not fit to be eaten (Radbaz).
|
| 46. |
For usually, there is a certain amount of food attached to them.
The commentaries note that the Rambam's ruling here represents a reversal of his position in his Commentary to the Mishnah (Terumot 11:5) where he rules more leniently with regard to carob seeds.
|
| 47. |
The rationale is that since it is only fit to be eaten under pressing circumstances, there is no obligation to separate terumah according to Scriptural Law. Instead, the obligation is Rabbinic in origin. It is a decree, instituted so that it not be exchanged with other produce. Since it has been discarded, it will not be exchanged. Hence, the decree was never applied in such situations.
|
| 48. |
For it is no longer considered as food.
|
| 49. |
For they are still fit to be eaten.
|
| 50. |
If they are aged to the degree that they produce dust, they are no longer considered food and there is no prohibition against partaking of them.
|
| 51. |
For the influence of the grapes is not significant at that time. The Radbaz states that this leniency applies even if the mixture has the flavor of wine.
|
| 52. |
The fact that there will be some grain that is terumah is not significant.
|
| 53. |
Our translation is taken from the Rambam's Commentary to the Mishnah (Terumot 11:6).
|
| 54. |
Even though some oil that is terumah will be left to spoil on the ground.
|
| 55. |
Even though there will be some remnants of the oil that was terumah there, we do not require him to clean the jug thoroughly (ibid.:8).
|
| 56. |
The fact that he has diverted his attention from the oil is not significant; we do not suspect that other oil was added to the jug (ibid.).
|
| 57. |
I.e., oil that is terumah that is ritually impure and hence, fit to be used as fuel for a lamp.
|
| 58. |
The oil should be burnt for the sake of the priest and not for the sake of an Israelite. Nevertheless, since the priest derives benefit from the Israelite's acts, this is permitted.
|
| 59. |
When referring to this law, the Rama (Yoreh De'ah 331:19) mentions the converse situation as well. A priest visited an Israelite and the Israelite kindled a lamp for him using impure oil that isterumah. The Israelite may allow the lamp to continue burning after the priest departs.
|
| 60. |
Since the priest originally benefited from it, there is no prohibition in allowing it to continue to burn for the sake of the Israelite.
|
| 61. |
I.e., even though it contains oil from terumah that is impure.
|
| 62. |
The Mishneh LiMelech explains that according to the Rambam, the prohibition against an Israelite benefiting from impure oil that is terumah is Rabbinic in origin. Our Sages did not impose their decree in a situation where a Jew would be forced to walk in the dark. Because of the danger involved, the Israelite is entitled to do this even without the permission of the priest (Kessef Mishneh).
|
| 63. |
Since the priest is deriving benefit from the oil, it may be kindled without asking him. And since he is deriving benefit from it, the Israelite may also derive benefit.
The Radbaz emphasizes that this applies only when the priest does not object. If, however, he specifically lodges an objection, it is forbidden.
|
| 64. |
In all these instances, it is a mitzvah that benefits people at large to kindle the light and our Sages did not institute their decrees when doing so would impede the performance of such a mitzvah.
|
| 65. |
The rationale is that he is performing a mitzvah. Since mitzvot were not given for our personal satisfaction (Rosh HaShanah 28a), he is not considered to be deriving personal benefit from kindling the Chanukah lamp. Nevertheless, if he has other oil, it is preferable for him to use that rather than impure terumah oil.
|
| 66. |
A priest must explicitly give permission for the oil to be kindled there [the Rambam's Commentary to the Mishnah (Terumot 11:10)]. In contrast to the previous instances, the priest's permission is necessary in this situation, because only one individual - not people at large - are benefiting from the light (Radbaz, Kessef Mishneh).
|
| 67. |
Since she is married to a priest, she is permitted to benefit from the kindling of this oil. And thus, all the laws mentioned above with regard to a priest, also apply with regard to her.
|
| 68. |
For this is also considered as a mitzvah that benefits people at large.
|
| 69. |
The garments worn by people at a wedding celebration are very clean and they will not want to soil them with oil that was used for a lamp [the Rambam's Commentary to the Mishnah (Terumot11:10)].
|
| 70. |
They will be too preoccupied with their mourning to consider anything else (ibid.).
|
| 71. |
And thus destroy what he sowed (ibid. 9:1). This will be beneficial because he will be able to sow a new crop of ordinary produce instead.
|
| 72. |
This will cause him to suffer a loss, for as the Rambam states in the following halachah, the produce of such a field may not be eaten by non-priests. Thus he will not be able to sell it at the price of ordinary produce. And yet he will have to till his land just as it was ordinary produce.
|
| 73. |
For at this point, the crop is already considered significant (see Hilchot Ma'aser 2:3-5). Thus destroying it would be similar to destroying terumah which is forbidden.
|
| 74. |
And destroy it, so that he will not make use of it.
|
| 75. |
We fear that he will interpret the prohibition as applying only to using the flax seeds as food and not to using the plant's fibers for other purposes.
|
| 76. |
Hence all the agricultural obligations that are incumbent on ordinary produce are incumbent upon it, as stated in Halachah 27. Although Terumot 9:4 states that produce which grows from terumahis terumah, the intent is that it is forbidden to non-priests. This was one of the decrees enacted by our Sages on the day the students of the School of Shammai outnumbered those of the School of Hillel [the Rambam's Commentary to the Mishnah (Terumot 9:4), based on Shabbat 1:3].
|
| 77. |
I.e., it does possess the sacred quality that characterizes terumah.
|
| 78. |
When one hands are in a state of impurity, because of touching food that is ritually impure, as a result of a Rabbinic decree. It is not necessary to wash one's hands before partaking of such produce.
|
| 79. |
To be purified from ritual impurity, a person must immerse himself and then wait until nightfall that day. The immersion itself is not sufficient to bring one to a state of ritual purity.
|
| 80. |
They may even be eaten by non-priests.
|
| 81. |
Plants like onions or garlic (Terumot 9:4) that grow from an existing bulb. Although that bulb is produce grown from terumah, since it is forbidden only according to Rabbinic Law, when it is planted again and new produce grows from it, the Rabbinic prohibition can be nullified.
|
| 82. |
I.e., a simple majority is sufficient. We do not require 60 times its substance.
|
| 83. |
The Ra'avad differs with the Rambam's ruling, stating that if the seed does not decompose, even the second generation produce that grows is forbidden. He supports his ruling based on Terumot9:4 which makes such statements with regard to tevel, produce from which the terumot and tithes have not been separated. The Radbaz and the Kessef Mishneh, however, support the Rambam's position.
|
| 84. |
Since such terumah is forbidden only by Rabbinic decree and it is not a common matter, our Sages did not enforce their decree with regard to it.
|
| 85. |
Even though the produce which is terumah is mixed with less than 100 times its volume and thus it is not nullified (see ch. 13), if the mixture is planted, the produce that grows is permitted to all.
|
| 86. |
This is referring to a situation similar to those described in Chapter 3, Halachah 6, when originally, the person gave less than the required amount of terumah and hence was required to separateterumah again. The second separation is considered as terumah only because of Rabbinic decree and produce which grows from it is permitted.
|
| 87. |
Since the seeds themselves are not edible, they are not considered as terumah (although the vegetables themselves are). And since they are not considered as terumah, the produce that grows from them is also not considered as terumah.
|
| 88. |
Since flaxseed is usually not eaten, the requirement to separate terumah is only Rabbinic in origin. Hence, when the terumah from flaxseed is sown, it is permitted (Radbaz). The Ra'avad, however, differs concerning this and the previous instance and maintains that produce that grows from this type of terumah is not permitted.
|
| 89. |
Even by priests. Instead, it must be burnt, as was required of the seeds from which it grew [the Rambam's Commentary to the Mishnah (Terumot 9:7)].
|
| 90. |
By a priest. It is permitted because planting it purified it from impurity. It is not permitted to an Israelite, however, because it is still the first generation of offspring from terumah and not the second (Ra'avad, as explained by Radbaz and Kessef Mishneh).
|
| 91. |
This obligates that terumah and tithes be separated from the produce as stated in Hilchot Ma'aser3:13.
|
| 92. |
Before terumah was separated from that grain heap.
|
| 93. |
The Rambam's words require some qualification. Certainly, the fact that the stalk is replanted does not cause the categorization as tevel to be released, as evident from Hilchot Ma'aser 6:6. The question here is whether the designation as terumah remains or not.
|
| 94. |
The fact that it was replanted does not change its own status.
|
| 95. |
To eat in this manner.
|
| 96. |
Which is less than the price of ordinary produce. This is necessary, because as stated in Halachah 21, it is forbidden for an Israelite to partake of such produce.
|
| 97. |
It is, however, forbidden to sell the second tithe. Instead, this produce must be given to the priests (Radbaz).
|
| 98. |
I.e., if the animal partakes of the produce, the owner will be benefiting from produce grown fromterumah. And if he muzzles the animal to prevent it from doing so, he will be violating the prohibition (Deuteronomy 25:4): "Do not muzzle an ox while it is threshing."
|
---------------------
• 3 Chapters: Shabbat Shabbat - Chapter Thirty, Eruvin Eruvin - Chapter One, Eruvin Eruvin - Chapter Two • English Text | Hebrew Text | Audio: Listen | Download• Shabbat - Chapter Thirty
• 3 Chapters: Shabbat Shabbat - Chapter Thirty, Eruvin Eruvin - Chapter One, Eruvin Eruvin - Chapter Two • English Text | Hebrew Text |
Audio: Listen | Download• Shabbat - Chapter Thirty
Halacha 1
There are four [dimensions] to the [observance of] the Sabbath: two originating in the Torah, and two originating in the words of our Sages, which are given exposition by the Prophets. [The two dimensions originating] in the Torah are the commandments "Remember [the Sabbath day]"1 and "Observe [the Sabbath day]."2
[The two dimensions] given exposition by the Prophets are honor and pleasure3, as [Isaiah 58:13] states: "And you shall call the Sabbath 'A delight, sanctified unto God and honored.'
Halacha 2
What is meant by honor? This refers to our Sages' statement that it is a mitzvah4 for a person to wash his face, his hands, and his feet5 in hot water on Friday in honor of the Sabbath. He should wrap himself in tzitzit and sit with proper respect, waiting to receive the Sabbath as one goes out to greet a king.
Halacha 3
Among the ways of honoring the Sabbath is wearing a clean garment.8 One's Sabbath garments should not resemble one's weekday clothes. A person who does not have a different garment for the Sabbath should allow his robe to hang low,9 so that his [Sabbath] clothing will not resemble the clothes he wears during the week.
Ezra ordained that the people launder their clothes on Thursday10 as an expression of honor for the Sabbath.
Halacha 4
Halacha 5
A person should prepare his table on Friday, even if he is [to partake] only [of an amount of food] equivalent to the size of an olive.15 Similarly, a person should prepare his table on Saturday night,16 even if he is [to partake] only [of an amount of food] equivalent to the size of an olive. [In this manner,] he shows his respect for the Sabbath when it enters and when it departs.
Halacha 6
Even a very important person who is unaccustomed to buying items at the marketplace or to doing housework is required to perform tasks to prepare by himself for the Sabbath. This is an expression of his own personal honor.21
The Sages of the former generations22 [would involve themselves in such activities]: There was one who would cook, one who would salt meat, one would braid wicks, and one who would kindle the lamps. Others would go out and purchase food and beverages for the Sabbath, even though this was not their ordinary practice. The more one involves oneself in such activities, the more praiseworthy it is.
Halacha 7
What is meant by [Sabbath] delight? This refers to our Sages' statement23 that a person must prepare a particularly sumptuous dish and a pleasantly flavored beverage for the Sabbath. All of this must be done within the context of a person's financial status.
The more one spends [both financially,] in expenses undertaken for the Sabbath and [in effort,] in the preparation of many good foods, the more praiseworthy it is.24 If, however, this is not within one's [financial] capacity, even if one merely stews food or the like in honor of the Sabbath, this is considered to be Sabbath delight.
Halacha 8
A person who is indulgent and wealthy and conducts all his days as Sabbaths must also partake of different foods on the Sabbath from those of which he partakes during the week. If [his fare] cannot be changed, he should [at least] change the time at which he eats [his meals]. [For example,] if he usually eats early, he should eat later.28 If he usually eats late, he should eat earlier.
Halacha 9
A person is obligated to eat three meals on the Sabbath:29 one in the evening, one in the morning, and one in the afternoon.30 One should be extremely careful regarding these three meals, not to eat any less. Even a poor man who derives his livelihood from charity should eat three meals [on the Sabbath].31
[Nevertheless,] a person who is sick from overeating, or one who fasts constantly is not obligated to partake of three meals.32
Halacha 10
Eating meat and drinking wine on the Sabbath is a form of pleasure for a person,37 provided this is within his [financial] capacity.38
On the Sabbaths and holidays, a significant meal at which wine will be served is forbidden to be scheduled for the time the house of study is in session.39Instead, the practice of the righteous of the former generations would be as follows: A person would recite the morning service and the additional service in the synagogue. Afterwards, he would return home and partake of the second [Sabbath] meal. He would then proceed to the house of study, to read [from the Written Law] and to study [the Oral Law] until the afternoon, at which time he would recite the afternoon service. He would then [partake of] the third [Sabbath] meal, a significant [sitting] at which wine is served, and continue eating and drinking until the Sabbath passed.
Halacha 11
It is forbidden for a person to travel more than three parsa'ot from the beginning of the day on Friday. [This restriction was adopted] so that one will arrive home early in the day and prepare one's Sabbath meals. [One may not rely on] the members of one's household to prepare for him, [for they] do not know that one will arrive on this day.
Needless to say, [this restriction applies] when one is visiting others, since [by arriving unexpectedly,] one will embarrass them, for they will not have made the preparations appropriate for hosting guests.40
Halacha 12
It is forbidden to fast,41 to cry out [to God], to offer supplication, or to entreat [His] mercy on the Sabbath.42 Even when [a community is beset] by a distressing circumstance that would ordinarily require the community to fast and sound the trumpets,43we do not fast or sound the trumpets on the Sabbath or holidays.
[There are, however, exceptions. They include] a city surrounded by gentiles or a [flooding] river, and a ship sinking at sea. We may sound the trumpets on the Sabbath to summon help for them, offer supplications on their behalf, and ask for mercy for them.44
Halacha 13
We do not lay siege to gentile cities less than three days before the Sabbath, so that the minds of the warriors will become settled and they will not be agitated and preoccupied on the Sabbath.45
For this reason, we may not set sail on a ship less than three days before the Sabbath, so that one's mind will be settled before the Sabbath and one will not suffer excessive discomfort.46 For the sake of a mitzvah, however, one may set out on a sea journey even on Friday. One should enter into an agreement that [the ship] interrupt [its journey] on the Sabbath. [If, however,] this agreement is not kept [it is not of consequence].47
Halacha 14
Sexual relations are considered a dimension of Sabbath pleasure.50Therefore, Torah scholars who are healthy51 set aside Friday night as the night when they fulfill their conjugal duties.52
At the outset, it is permitted to engage in sexual relations with a virgin on the Sabbath. It is not [forbidden because] one is creating a wound,53 nor because of the pain the woman [feels].
Halacha 15
[The observance of] the Sabbath and [the prohibition against] worshiping false deities are each equivalent to [the observance] of all the mitzvot of the Torah.54 And the Sabbath is the eternal sign between the Holy One, blessed be He, and us.55
For this reason, whoever transgresses the other mitzvot is considered to be one of the wicked of Israel, but a person who violates the Sabbath is considered as an idolater. Both of them are considered to be equivalent to gentiles in all regards.56 Therefore, our prophets praise [Sabbath observance], saying [Isaiah 56:2]: "Happy is the man who does the following, and the mortal who holds fast to it, who keeps the Sabbath, without desecrating it...."
It is explicitly stated in our prophetic tradition that whoever observes the Sabbath according to law and honors it and delights in it according to his ability will receive reward in this world in addition to the reward that is preserved for the world to come,57 as [Isaiah 58:14]58 states: "'You will then delight in God. I will cause you to ride on the high places of the earth, and I will nourish you with the heritage of Jacob your ancestor'; thus has the mouth of God spoken."
| FOOTNOTES | |
| 1. |
This involves the sanctification of the Sabbath, as explained in the previous chapter.
|
| 2. |
This involves the prohibition against labor on the Sabbath, as reflected in the first 24 chapters of this text.
In the Guide for the Perplexed (Vol. II, Chapter 31), the Rambam explains that the commandment to remember the Sabbath commemorates the Sabbath of creation and the holiness that the Sabbath brings into the world. The commandment to observe the Sabbath reflects the connection to the exodus from Egypt and thus emphasizes the dimension connected with the cessation of labor.
|
| 3. |
The explanation of these two dimensions is the subject of this final chapter of the Sabbath laws.
The Ramban (in his commentary on Leviticus 23:3) considers the honor of the Sabbath and the delight in it as required by the Torah itself. For the Torah (ibid.) describes the Sabbath as a "holy convocation," and the Sifra explains that that term implies that the day must "be sanctified, honored... and delighted in."
|
| 4. |
This is not an absolute obligation. One who fulfills it receives a reward, but one who does not is not punished (Shulchan Aruch HaRav 260:1; Mishnah Berurah 260:1).
|
| 5. |
The Rambam's statements are based on Shabbat 25b. Note the Tur (Orach Chayim 260), which mentions that a person should wash his entire body. The Rambam's decision is quoted by theShulchan Aruch (Orach Chayim 260:1), while the Tur's ruling is quoted by the Ramah.
|
| 6. |
Shabbat 119a describes Rabbi Chanina as following this practice.
|
| 7. |
Our text of Shabbat 119a reads "Sabbath, the queen," and indeed, this analogy is employed extremely frequently. From the Maggid Mishneh's commentary, it appears that the Rambam's version of that passage reads, "Sabbath, the king." According to the kabbalah, the feminine term is more appropriate, because the Sabbath is associated with the sefirah of Malchut, which reflects a feminine dimension.
|
| 8. |
See also the Sefer Chassidim (quoted in the Mishnah Berurah 262:6), which emphasizes that a person must also endeavor to keep his clothes clean. For example, he should not hold a child until he covers his clothes.
|
| 9. |
As is the fashion of the wealthy. (See Hilchot De'ot 5:9.)
|
| 10. |
But not on Friday, so that they will have time to engage in other Sabbath preparations (Magen Avraham 242:3).
|
| 11. |
Two reasons are given: a) to enter Sabbath with an appetite (Shulchan Aruch, Orach Chayim249:2), b) to allow oneself time for Sabbath preparations (Magen Avraham 249:4).
|
| 12. |
I.e., one should not arrange to hold a feast on Friday that one would not hold ordinarily during the week (Maggid Mishneh). This includes even feasts associated with a mitzvah (Shulchan Aruch, loc. cit.). One may, however, hold a feast associated with a mitzvah that should be performed on that day - e.g., a circumcision or the redemption of the first-born (Ramah, loc. cit.). These feasts should be held as early as possible, and by no means should begin later than 3:00 PM (or the equivalent time according to the principle of "seasonal hours"), as will be explained.
Although the Ra'avad differs with the Rambam regarding this prohibition, the explanation offered above is accepted by most authorities.
|
| 13. |
This refers to an ordinary meal that one might partake of during the week. Although one is not required to refrain from eating, one should preferably not plan to eat a meal at this time (Shulchan Aruch, loc. cit.).
|
| 14. |
I.e., the prohibition begins nine "seasonal" hours after daybreak. Thus, on a day that begins at 6:00 AM and concludes at 6:00 PM, the time would be 3:00 PM. This time would be later in the summer and earlier in the winter.
|
| 15. |
I.e., even if the quantity of food the person eats is not great, he should prepare his table as if he is to partake of a distinguished meal.
|
| 16. |
This refers to the melaveh malkah meal that should be eaten at a table set in the same manner as at all the other Sabbath meals (Mishnah Berurah 300:1).
|
| 17. |
Note the Nimukei Maharai, which emphasizes that כבוד ("honor") appears to refer to activities that are performed in preparation for the Sabbath, while ענג ("delight") to the appreciation of pleasure on the Sabbath itself. Note, however, the Ramah's gloss on the Shulchan Aruch (Orach Chayim262:1). There the Ramah emphasizes that one should keep one's table attractively set throughout the entire Sabbath, implying that although honoring the Sabbath begins with preparing for it on Friday, the mitzvah continues throughout the day.
|
| 18. |
See Chapter 5 for a detailed discussion of the mitzvah of lighting Sabbath lights.
|
| 19. |
In Talmudic times, people would recline on couches while eating, and this is the intent here. The word מטה also means "bed," and the Mishnah Berurah 262:2 writes that it is appropriate that the beds of the house be made before the commencement of the Sabbath.
|
| 20. |
Shabbat 119b relates that a person returning home from the synagogue is accompanied by two angels, one with positive tendencies and the other with negative tendencies. When they enter the home and see it prepared for the Sabbath, even the angel with negative tendencies is forced to give his blessing that this setting be repeated in the week to come.
|
| 21. |
I.e., rather than think that involving himself in such activities will be demeaning, he should appreciate that these deeds will enhance his honor. Even if it is possible to have others perform these tasks for one, it is preferable to carry out certain deeds oneself. For there is nothing more honorable than to give honor to the Sabbath. In this context, Rabbenu Chanan'el refers toKiddushin 41a, "It is more of a mitzvah [to perform a positive action] oneself, rather than [to charge] an agent [with its performance]."
|
| 22. |
The examples quoted by the Rambam are taken from the description (Shabbat 119a) of the manner in which certain of the leading Sages of Babylonia would prepare for the Sabbath.
|
| 23. |
As a source, the commentaries point to Shabbat 118b, which states: "How should one delight in the Sabbath? With a dish of beets, large fish, and garlic heads."
|
| 24. |
One should not worry about the expense, for Beitzah 16a teaches that a person's income is fixed at the beginning of the year, with the exception of the money that he spends to honor the Sabbath and the festivals. A person need not be concerned with the cost of "honoring the Sabbath," since he will be recompensed for the expense by an increase in his earnings
|
| 25. |
See the Shulchan Aruch (Orach Chayim 242:1), which states that one should earnestly endeavor to provide generously for the Sabbath and, if necessary, minimize one's expenditures during the week to do so.
|
| 26. |
Note Shulchan Aruch HaRav 242:3 and the Mishnah Berurah 242:3, which state that if possible - even if this entails pawning property - one should borrow to enhance one's Sabbath meals. One may rest assured that ultimately one will be able to repay these debts. Beitzah 15b states that God promises, "Take a loan on My account. I will repay."
According to this view, the directive "Make your Sabbaths as weekdays..." applies only when a person has no property to pawn and will not be given a loan on any other terms.
|
| 27. |
Pesachim 113a; Shabbat, loc. cit.
|
| 28. |
He should not, however, delay his meals for a lengthy period of time, so that he will not experience discomfort on the Sabbath (Magen Avraham 288:12).
|
| 29. |
In his Commentary on the Mishnah (Pe'ah 8:7), the Rambam cites Shabbat 117b, which states that this obligation stems from the fact that when describing the manna, Exodus 16:25 mentions the word היום, "today," three times. In the verse, "today" refers to the Sabbath, and its threefold repetition indicates that three meals should be eaten on that day.
|
| 30. |
The Maggid Mishneh explains that with these words, the Rambam is emphasizing that a person who does not eat his meals at these times does not fulfill the mitzvah of eating three Sabbath meals. Although the Halachot Gedolot maintains that the times when one partakes of these meals is not significant, the Shulchan Aruch (Orach Chayim 291:1) rules according to the concept explained by the Maggid Mishneh.
|
| 31. |
This directive is addressed, not only to the poor person himself, but to the administrators of the communal charity funds, as reflected in the Rambam's ruling, Hilchot Matnot Ani'im 7:8.
|
| 32. |
Since the obligation to eat stems from the command to delight in the Sabbath, it is not applicable to these individuals, who will suffer discomfort from eating further. Note, however, the wording of theShulchan Aruch (loc. cit.): "A person who cannot eat at all is not obligated to cause himself discomfort."
|
| 33. |
Our translation is based on the gloss of the Kessef Mishneh, which differs with the Tur (Orach Chayim 291) in the interpretation of the Rambam's words. The Tur maintains that the Rambam requires the recitation of kiddush before the third meal as well. Almost all the commentaries accept the Kessef Mishneh's view.
|
| 34. |
The rationale for this ruling is that the obligation to eat three meals is derived from a verse describing the manna, and the manna was described as "bread" (Exodus 16:15).
Although the Shulchan Aruch (loc. cit.:4) quotes the Rambam's ruling, the Ramah adds in his gloss that there are opinions that maintain that a single complete loaf is sufficient. The Shulchan Aruch continues (loc. cit.:5), mentioning other views that allow one to fulfill his obligation by eating foods other than bread. Although the Shulchan Aruch favors the Rambam's ruling, the later authorities agree that a person who is unable to eat a third meal of bread may fulfill his obligation by eating other foods (Shulchan Aruch HaRav 291:7).
|
| 35. |
This obligation stems from the fact that the manna did not descend on the Sabbath, and a double portion of manna descended on the previous day. To commemorate this lechem mishneh(Exodus 16:22), a double portion of bread is placed on the table on the Sabbath.
|
| 36. |
Most authorities interpret the Rambam's intent to be that one is obligated to break bread on two complete loaves on the holidays. [The rationale being that the manna did not descend on the holidays as well, and a double portion of manna descended on the previous day (Mechilta).] TheTur, by contrast, interprets the Rambam as requiring one to partake of three meals on the holidays as well.
|
| 37. |
Note Shulchan Aruch HaRav 242:2 and the Mishnah Berurah 242:1, which state that there is no obligation per se to partake of meat, fish, or wine on the Sabbath. The intent is to eat foods that give one pleasure. It has become customary to serve these foods because most people derive pleasure from them.
|
| 38. |
This reiterates the theme mentioned in Halachah 7, that one should not overextend oneself financially to provide for the Sabbath. The wording used by the Rambam here also allows us to appreciate the rationale for this ruling: Since the person will be putting himself under undue financial pressure, he will not derive pleasure from this indulgence.
|
| 39. |
This would prevent one from attending the house of study. (See Gittin 38b, which states that holding a meal at this time will lead to business misfortune.)
|
| 40. |
In the present age, when travel and communication have advanced considerably, we need not hold rigidly to this halachah. The principle that it teaches, however - that one should not drop in suddenly on one's family and surely, on others - is definitely a significant ethical point.
Note, however, Shulchan Aruch HaRav 249:4 and the Mishnah Berurah 249:3, which state that at present, since people usually prepare generously for the Sabbath meals, there is no difficulty in coming unexpectedly if this cannot be avoided.
Another related point is also worth keeping in mind. Although long distance travel has been greatly facilitated in the present age, one should always plan to arrive several hours before the Sabbath, lest one be held back by forces beyond one's control.
|
| 41. |
Note the Radbaz (Vol. IV, Responsum 1266), who quotes the Rashba as stating that this prohibition has its source in the Torah itself.
|
| 42. |
In one of the Rambam's responsa, he explains that although prayer and supplication are revered media of divine service, on the Sabbath our service of God is channeled through a higher medium: rest and spiritual pleasure. As such, prayer and supplication are not appropriate.
|
| 43. |
In Hilchot Ta'aniot 1:1, the Rambam writes that one of the Torah's commandments is to cry out to God and sound the trumpets at a time of communal distress. He continues in Halachah 4, stating that our Sages required the community to fast on such occasions. In addition to drought, the Rambam mentions several other situations in Hilchot Ta'aniot, Chapter 3, which are described as times of communal distress.
|
| 44. |
This is a restatement of a law mentioned previously in Chapter 2, Halachah 24. Chapter 2 involves questions concerning pikuach nefesh, the threat to life, and that is the reason why exceptions are made in these instances.
|
| 45. |
I.e., the siege must begin no later than Tuesday. (See Shulchan Aruch HaRav 248:1.) Note, however, the Mishnah Berurah 248:4, which cites other views that count the three days as beginning on Thursday. Thus, the siege may begin on Wednesday.
Although the army will still be in a state of war, and agitation will thus not have been eliminated entirely, since three days will have passed since the siege began, we can assume that much of the initial confusion and strain will have passed, and the situation will have settled into a routine.
As mentioned in Chapter 2, Halachah 25, we may wage war against gentiles on the Sabbath. Generally, the commentaries mention two reasons why a siege should not be initiated less than three days before the Sabbath: the reason stated by the Rambam, and also that the three days before the Sabbath are considered to be days of preparation. Hence, at this time, one is forbidden to put oneself in a situation where it will inevitably be necessary to violate the Sabbath laws because of pikuach nefesh, a threat to life. When, however, the siege is begun earlier, the situation will have already become part of the soldiers' functional reality before the preparations for the Sabbath have begun, and they will be permitted to violate the Sabbath laws, if necessary.
By mentioning this law in this context, the Rambam emphasizes that the issue with which he is concerned is ensuring, to the fullest extent possible, the soldiers' peace of mind.
|
| 46. |
There are many people who get sea-sick on the first days of a journey. After three days have passed, however, they are likely to have grown accustomed to conditions aboard ship.
According to the Rambam, this prohibition applies only to ocean vessels, and not to river-boat traffic. There are, however, different rationales for the requirement to leave three days before the Sabbath. Among them:
a) By traveling on a ship, one goes beyond the Sabbath limits. Although there is an opinion that the Sabbath limits do not apply when one is ten handbreadths above the ground - as a ship usually is above the ocean or river bed - there is, nevertheless, no definitive ruling about the matter. (See Chapter 27, Halachah 3; see Maharik, Responsum 45.)
b) One may be forced to perform forbidden labor on the ship or, at the very least, have a gentile perform forbidden labors on one's behalf. (See Rivash, Responsum 152.)
With regard to both these matters, these follow the alternate view mentioned above: that within three days of the Sabbath, since the Sabbath preparations have begun, one is not allowed to put oneself into a situation where one will inevitably break the Sabbath laws. If, however, one has put oneself into such a situation before the commencement of the Sabbath preparations, the status is different.
In two of his responsa, the Rambam explains that the question of whether or not the Sabbath limits apply above ten handbreadths is relevant on dry land, but does not apply to water travel at all. Hence, it does not present a difficulty in the case at hand. His view is accepted by the Shulchan Aruch (Orach Chayim 248:2). Although the Ramah mentions objections, the later authorities (Shulchan Aruch HaRav 248:3-4) follow the Rambam's view.
With regard to the performance of work, the Radbaz writes that, according to the Rambam, one may never put oneself into a situation in which one knows that one will inevitably be forced to perform forbidden labors on the Sabbath. (See Be'ur Halachah 248.) The Ramah (Orach Chayim248:2) and the subsequent Ashkenazic authorities definitely do not accept this position. Moreover. from the ruling of the Shulchan Aruch (loc. cit.:4), it appears that the Sephardic community also agrees with the other view.
|
| 47. |
See Chapter 24, Halachah 6 and notes, where this law was originally stated and explained. It is repeated here to emphasize that because there is a mitzvah, the discomfort that will be caused by the journey is overlooked.
|
| 48. |
Two cities in Lebanon that are not far removed from each other.
|
| 49. |
For such a short journey is not likely to disturb one's ordinary functioning.
|
| 50. |
This applies to all people, not merely Torah scholars.
|
| 51. |
And thus are not prevented from engaging in relations.
|
| 52. |
Ketubot 62b interprets Psalms 1:3, "who gives its fruit in its season," as referring to a person who engages in sexual relations on Friday night and not on other occasions. This is the practice of Torah scholars, who generally engage in relations only once a week (Hilchot Ishut 14:1).
|
| 53. |
For the hymenal blood is considered to be a distinct entity enclosed in the membrane, and thus this situation differs from others in which bleeding is caused (Rashi, Ketubot 7a).
Note the Magen Avraham 339:11, which mentions that witnesses should observe the yichud, the entry into a private chamber, of the bride and groom before the commencement of the Sabbath, so that all the contractual aspects of the marriage will have been completed at that time.
|
| 54. |
The Jerusalem Talmud (Nedarim 3:9) derives the equivalence between the Sabbath and the entire Torah from Nechemiah 9:13-14: "On Mount Sinai You descended.... And You gave them straight judgments... and good statutes and commandments. And You informed them of Your holy Sabbath." The Maggid Mishneh explains that the Sabbath's central importance stems from the fact that it is a sign of God's constant renewal of creation.
Kinat Eliyahu explains the equivalence between the Sabbath and all the other mitzvot as follows: The dynamic spiritual activity of the Sabbath, carried out against a backdrop of rest and material satisfaction, reflects the goal and purpose of the totality of our Torah observance. It is for this reason that our Sages called the Sabbath "a microcosm of the world to come."
|
| 55. |
The Rambam is borrowing the wording of Exodus 31:13,17.
|
| 56. |
This ruling represents more than a moral condemnation. Not only is such a person not acceptable as a witness and ineligible to take an oath in court, but all the restrictions applied with regard to gentiles - e.g., the prohibitions against gentile wine, gentile milk, and gentile bread - are applied to him. Similarly, he may not be counted in a minyan, nor be given any honor in the synagogue. (SeeKitzur Shulchan Aruch 72:2.)
Many halachic authorities of the recent era (see Iggerot Moshe, Orach Chayim I, Responsum 33, and other sources) explain that there is room for leniency with regard to certain of these restrictions at present. Nevertheless, the overall attitude must still be one of stringency.
It must, however, be emphasized that the offspring of such Jews have a full portion in their Jewish heritage. Instead of shunning them, we must make every effort to draw them close to their spiritual roots. (See Hilchot Mamrim 3:3.)
|
| 57. |
Which the Rambam considers to be the ultimate reward, as he writes in Hilchot Teshuvah, Chapter 8.
|
| 58. |
It is the observance of the Sabbath that is described in the preceding verse in Isaiah, "And you shall call the Sabbath 'a delight...,' which makes one worthy of the rewards mentioned in this verse.
|
Eruvin - Chapter One
Halacha 1
According to Torah law, when there are several neighbors dwelling in a courtyard, each in his private home, they are all permitted to carry within the entire courtyard, from the homes to the courtyard, and from the courtyard to the homes, because the entire courtyard is a private domain1 and it is permitted to carry within it in its entirety.
Similarly, regarding a lane that has a pole [positioned at its entrance] or a beam positioned [above it],2 all the inhabitants of the lane are permitted to carry3 in the entire [lane], and from the courtyards to the lane,4 and from the lane to the courtyards, for the entire lane is a private domain.
Similarly, all [the area within] a city that is surrounded by a wall that is [at least] ten handbreadths high and has gates that are locked at night5 is a private domain. This is the law of the Torah.
Halacha 2
Nevertheless, according to Rabbinic decree, it is forbidden for the neighbors to carry within a private domain that is divided into different dwellings, unless all the inhabitants join together in an eruv before the commencement of the Sabbath.
This [restriction] applies to courtyards, lanes, and cities. It was instituted by [King] Solomon and his court.6
Halacha 3
Similarly, people who dwell in tents,7 in booths, or in an encampment8 that is surrounded by a partition may not carry from tent to tent until they make aneruv. In contrast, [the members of] a caravan [who surround their encampment] with a partition are not required to [join in] an eruv.9 They may transfer articles from tent to tent without an eruv, for [the very nature of their circumstance] is considered to be an eruv, since these are not long-lasting dwellings.10
Halacha 4
Why did [King] Solomon institute this [restriction]? So that the common people would not err and say, "Just as it is permitted to transfer articles from the courtyards to the streets of a city and its marketplaces, and to bring articles in [from these domains] to a courtyard, it is permitted to take articles from the city to the fields and from the fields to the city."
[Moreover, they would operate under the mistaken] impression that the marketplaces and streets - since they are the public domain - are like fields and deserts.11 [This would lead them to a further error, causing them to] say that only a courtyard is a private domain,12 and they would think that there is no prohibition against the transfer of articles, and that it is permitted to transfer articles from a private domain to a public domain [and from a public domain to a private domain].
Halacha 5
Therefore, [King Solomon] instituted [the following rules]: Whenever a private domain is divided into separate dwelling units that are considered the private property of the individuals, and an area remains that is the joint property of all individuals and all share in it equally - e.g., a courtyard with houses13 that open onto it - the area that is jointly owned is considered as a public domain. Similarly, every place that one of the neighbors owns as his private property and treats as his individual holding shall be considered as a private domain.
It is thus forbidden to transfer an article from a person's private property to the area that is owned jointly, just as it is forbidden to transfer from a private domain into the public domain. Instead, every person should contain his activities within his own property, unless an eruv is established, although [according to the Torah] the entire area is one private domain.
Halacha 6
What is meant by an eruv? That all the individuals will join together in one [collection of] food before the commencement of the Sabbath. This serves as a declaration that they have all joined together and share food as one; none of them has [totally] private property. Instead, just as the jointly-owned area is the property of all, so too, everyone shares in the property that is privately owned. They are all joined in one domain.
[Performing] this act will prevent them from erring and thinking that it is permitted to transfer articles between a private domain and the public domain.
Halacha 7
The eruv that the inhabitants of a courtyard make among themselves is referred to as eruvei chatzerot [the joining of the areas of courtyards]. [The joining together of] the inhabitants of a lane or of a city is referred to as shituf, [partnership].
Halacha 8
An eruv [joining together] the inhabitants of a courtyard may not be made with anything other than a whole loaf of bread.14 Even if a loaf of bread is a se'ah15in size, but it is sliced, it may not be used for an eruv. If it is whole, even if it is as small as an isar,16 it may be used for an eruv.17
Just as an eruv may be made using a loaf of bread made from grain,18 so too, may it be made with a loaf of bread made from rice19 or lentils. A loaf of bread made from millet, by contrast, may not be used.20
The shituf [for a lane or for a city, by contrast, may be made using] either bread or other foods.21 For we may use any food for a shituf, with the exception of water and salt. Similarly, mushrooms and truffles may not be used for a shituf, because they are not considered to be foods.22
[The restriction against using water and salt applies only] when they are set aside as separate entities. If one mixes water and salt, this is considered to be brine, and may be used for a shituf.23
Halacha 9
What quantity of food is necessary to establish a shituf? A measure equal to the size of a dried fig24 for every inhabitant of the lane or of the city, provided there are eighteen or less. If, however, there are more than [eighteen inhabitants], the minimum measure [of the shituf] is [an amount of] food [sufficient] for two meals - i.e., an amount equivalent to eighteen dried figs, which is equivalent to the measure of six medium-size eggs.25 Even if thousands and myriads of people desire to make use [of this shituf], [all that is necessary] is [an amount of] food [sufficient] for two meals.
Halacha 10
When a shituf is made using any food that is eaten without further cooking - e.g., a loaf of bread, certain species of grain, or raw meat - the minimum measure is the [amount of] food [sufficient] for two meals.26
When the food in question is a side dish - i.e., something that people customarily eat together with bread - e.g., cooked wine, roasted meat, vinegar, fish brine, olives, and onion heads - the minimum measure is an amount sufficient to accompany two meals.27
Halacha 11
When fresh wine28 is used for a shituf, two revi'iot are required for every [participant]. Similarly, if beer is used, two revi'iot [are required].
If eggs are used, [the minimum measure] is two; they may be used for a shitufeven when raw. [Other minimum measures are:] two pomegranates,29 one etrog, five nuts, five peaches, a Roman pound of vegetables - whether raw or cooked; if [the vegetables] are lightly, but not thoroughly, cooked, they may not be used;30 an uchla31 of spices, a kav of dates, a kav of dried figs, amaneh of crushed figs, a kav of apples, a handful of cuscuta,32 a handful of fresh beans, a Roman pound of lichen.33
Beets are considered vegetables and may be used for an eruv. Onion leaves may not be used for an eruv unless they are already grown, and the length of each leaf is at least that of a spread-out hand. If they are not this long, they are not considered to be food.34
All these types of food are considered to be side dishes; therefore, they have been given these measures. The same principles apply in other similar situations. All foods can be combined to reach the minimum measure required for a shituf.35
Halacha 12
Whenever the term Roman pound is mentioned, it refers to [a measure equal to] two36 full revi'iot.37 An uchla is half a revi'it; a maneh, one hundred dinarim; a dinar, six ma'ah; a ma'ah, the weight of sixteen barley corns;38 a sela, fourdinarim.
A revi'it contains an amount of water or wine39 equivalent to approximately seventeen and one half dinarim. Thus, a Roman pound is equivalent in weight to 35 dinarim, and an uchla is equivalent in weight to eight and three-quarterdinarim.
Halacha 13
Whenever the term se'ah is mentioned, it refers to [a measure equal to] sixkabbim. A kav is four logim, and a log is four revi'iot. We have already defined the measure and the weight of a revi'it.40 These measurements are necessary for a person to remember at all times.
Halacha 14
[All] food that is permitted to be eaten, even if the person who uses it is forbidden to partake of it, may be used for an eruv41 or for a shituf.
What is implied? A nazirite42 may establish a shituf using wine, and an Israelite [may establish a shituf using] terumah.43 Similarly, a person who takes a vow or an oath not to partake44 of a particular food may use it for aneruv or a shituf. For if it is not fit for one person [to partake of], it is fit for another.
Halacha 15
A forbidden [food] - e.g., tevel,45 even food that is considered tevel only by Rabbinic decree46, the first tithe from which terumah was improperly taken,47or the second tithe or consecrated articles that were not redeemed in the proper manner48 - by contrast, may not be used for an eruv or a shituf.
We may, however, use d'mai49 for an eruv or a shituf, since it is fit to be used by the poor. Similarly, we may use the first tithe after terumah was removed, and the second tithe or consecrated articles that were redeemed, even if the [additional] fifth of their value was not paid.50 For [failure to give] the [additional] fifth does not [void the redemption of these articles].
We may use the second tithe in Jerusalem, since it is fit to be eaten there, but [it may] not [be used] outside [that city].
Halacha 16
How is an eruv [joining the entire area of] a courtyard together established? We collect a complete loaf of bread from every house51 and place all [the loaves] in a single container52 in one of the houses of the courtyard.53 Even a granary, a barn, or a storehouse [is acceptable for this purpose]. If, however, the eruv was placed in a gatehouse - even a gatehouse belonging to a private individual - an exedra,54 a porch, or a house that is not four cubits by four cubits, it is not considered an eruv.
When the eruv is gathered together,55 one recites the blessing: "Blessed be You, God, our Lord, King of the Universe, who has sanctified us with His commandments and commanded us56 concerning the mitzvah of the eruv." [Afterwards,] one says, "With this eruv, all the inhabitants of this courtyard will be permitted to bring objects in and out from one house to another."57
A minor may collect [the bread for] the eruv [joining the entire area of] a courtyard together. The house in which the eruv is placed need not give a loaf of bread.58 If [the inhabitants of a courtyard] ordinarily place [the eruv in one house], as an expression of "the ways of peace"59 it is proper that they should not change [to another home].
Halacha 17
How is a shituf established for a lane? We collect [an amount of food] equivalent to the size of a dried fig from each and every person - or less than this amount,60 if many people are involved. The entire amount is placed in a single container in one of the courtyards in the lane, or in one of the homes. [It is even acceptable] to place it in a small home, in an exedra, or in a porch. If, however, one leaves it in the open space of the lane, it is not acceptable.61
If one leaves the container in one of the courtyards, one must lift the container at least a handbreadth above the ground of the courtyard, so that it will be obvious.62 [When making the shituf,] one recites the blessing, "... concerning the mitzvah of the eruv,"63 and says, "With this shituf, it will be permitted for all the inhabitants of this lane to bring objects in and out - from the lane to the courtyard and from the courtyard to the lane - on the Sabbath."64
Halacha 18
If one divides the eruv or the shituf, it is no longer effective. [This ruling applies] even if [all the portions of the eruv] are located in a single home. If, however, one fills a container with the eruv and there remains some food that one put in a second container, it is acceptable.65
Halacha 19
The participants in a shituf in a lane must, nevertheless, also make an eruv in their [respective] courtyards, so that their children will not forget the laws of aneruv.66For this reason, if bread67 is used as a shituf in a lane, [the inhabitants] may rely on it, and are not required to make an eruv for the courtyards, for the children will take notice of the bread.68
Halacha 20
[A person may establish an eruv on behalf of others. For example,] if one of the inhabitants of a courtyard takes bread and says, "Behold, this is for all the inhabitants of the courtyard," or he took an amount of food equivalent to two meals, and says, "This is for all the inhabitants of the lane," he does not have to collect food from each individual. He must, however, [give their portion] to another person,71 who will acquire it on their behalf.72
One's son or daughter who has reached majority,73 one's Hebrew servant,74and one's wife may take possession on behalf of others. Neither a son nor a daughter below the age of majority, nor a Canaanite servant or maidservant has this prerogative, because they do not have independent financial status.75
Similarly, a Hebrew maidservant may take possession on behalf of others, even though she is below the age of majority,76 for a minor may take possession on behalf of others regarding a matter of Rabbinic law.
A person need not inform the inhabitants of a lane or a courtyard that he has granted them [a portion of food] and established an eruv for them, for these deeds are to their benefit, and a person may grant a colleague benefit without the latter's knowledge.77
Halacha 21
Neither an eruv nor a shituf may be established on the Sabbath. Instead, they must be established before nightfall. One may, however, establish an eruv for a courtyard78 and a shituf for a lane beyn hash'mashot,79 even though there is a doubt whether that time period is considered to be part of the day or part of the night.
The eruv and the shituf must always be accessible, so that one may partake of it throughout the time of beyn hash'mashot.80 For this reason, if, before nightfall, an avalanche fell upon it, it was lost or burned, or it was terumah and became impure, it is not considered to be an eruv. If the above took place after nightfall, the eruv is acceptable. If one is in doubt when this took place, the eruv is acceptable, because whenever a doubt arises whether an eruv is acceptable or not, it is considered acceptable.81
Halacha 22
[The following rules apply when] an eruv or a shituf was placed in a tower, [the tower] was locked, and the key was lost before nightfall: If it is impossible to remove the eruv without performing [a forbidden] labor82 beyn hash'mashot, it is considered as if it had been lost. Therefore, the eruv is not acceptable, for it is impossible for it to be eaten.
If a person separated terumat ma'aser83 or terumah, and made a stipulation that the sacred status not be conveyed [upon these entities] until nightfall, they may not be used for an eruv. [The reason is that] beyn hash'mashot, they are still tevel,84 and [the food used for an eruv must be fit to be eaten before nightfall.
| FOOTNOTES | |
| 1. |
Included in this private domain are all the houses located in the courtyard.
|
| 2. |
See Hilchot Shabbat 17:2,9.
|
| 3. |
The Maggid Mishneh notes that according to Torah law [op. cit.; see also the Rambam's Commentary on the Mishnah (Eruvin 1:2) ], it is permitted to carry within a lane, even though it does not have a pole or a beam. Nevertheless, it is then considered a makom patur and not a private domain.
|
| 4. |
As obvious from Hilchot Shabbat 17:2,8, a lane is an area enclosed by three walls and into which several courtyards open.
|
| 5. |
Based on the Rambam's statements in Hilchot Shabbat 17:10, the Maggid Mishneh and the Radbaz (Vol. V, Responsum 1508) state that the gates of the city need not actually be locked at night; it is sufficient that they are able to be locked.
|
| 6. |
Eruvin 21b states that when King Solomon instituted the requirement for eruvin, a heavenly voice resounded, quoting Proverbs 23:15: "My son, if your heart is wise, My heart will also rejoice."
Sefer HaMitzvot Gadol asks why this requirement was not instituted in an earlier time, and quotes a letter of Rav Hai Gaon that explains that prior to King Solomon's era, the Jews were very heavily involved in wars (to conquer the land of Canaan, and then to protect themselves from the Philistines and others). It was not until King Solomon's time that the land was blessed with peace. Since an army camp is not obligated to heed the restrictions of eruvin (Hilchot Melachim 6:13), the practice was not instituted until the age when peace became the norm in Eretz Yisrael.
|
| 7. |
These all refer to dwellings that are intended to endure for an extended period (Maggid Mishneh).
|
| 8. |
This refers to a camp other than an army camp, as mentioned in Note 6.
|
| 9. |
The Rashba and the Ritba differ from the Rambam on this point and maintain that the travelers in a caravan are required to establish an eruv, and the dwellers of a camp are not. Note the explanation of their difference of opinion in the Be'ur Halachah 366.
|
| 10. |
As mentioned in Halachah 2, the obligation to establish an eruv was instituted to apply to people living in separate dwellings in a single domain. Since these structures are not enduring by nature, the people are not considered to be living in separate dwellings, and the restriction against carrying is therefore not instituted. (See Mishnah Berurah 366:12.)
|
| 11. |
See Hilchot Shabbat 14:1 and notes, which discuss the Rambam's opinion that deserts are a public domain.
|
| 12. |
The Lechem Mishneh comments that according to this logic, it would be unnecessary to forbid taking articles out from homes to a courtyard. He continues, explaining that this restriction is also necessary so that children who are knowledgeable only about what goes on in their homes and the adjacent courtyard will be aware of the obligation of making an eruv.
|
| 13. |
In this halachah, the Rambam is clarifying that the distinctions between different domains with regard to the laws of ownership could create confusion with regard to the domains of the Sabbath. As a safeguard, King Solomon instituted the laws of eruvin.
The Tosafot Yom Tov (Eruvin 7:1) maintains that it is the Rambam's view that a group of houses adjacent to each other without a courtyard does not require an eruv; that is necessary only when there is jointly owned property in the private domain. The Tosafot Yom Tov himself differs from this position and requires an eruv in such a situation. In practice, it is not customary to require aneruv unless there is jointly owned property in the domain.
|
| 14. |
Eruvin 81a states that this law was instituted to prevent quarrels among neighbors that might arise if one gave a whole loaf and one gave only a portion of a loaf. As stated in Halachah 16, every family in the courtyard gives a whole loaf. (See the notes on that halachah.) The Shulchan Aruch(Orach Chayim 366:7) states, however, that if an eruv is established by one person on behalf of others, without collecting flour or loaves of bread from the other inhabitants of the courtyard, it is possible to use a loaf that is not whole.
|
| 15. |
A large measure of grain, approximately 8 kilogram in contemporary measure.
|
| 16. |
A small Italian silver coin, weighing four barley corns (Hilchot Shekalim 1:3).
|
| 17. |
From the Rambam's wording, it would appear that there is no minimum measure required for the size of the loaf; as long as it is whole, it is sufficient, regardless of how many people dwell in the courtyard. Rav Moshe HaCohen and others differ, interpreting Eruvin 80b as requiring the loaf to be large enough to include a measure the size of a dried fig for each of the inhabitants (as the Rambam states in the following halachah regarding a shituf). It is Rav Moshe HaCohen's view that is accepted by the Shulchan Aruch (Orach Chayim 366:6, 368:3).
|
| 18. |
I.e., wheat, barley, spelt, oats, and rye.
|
| 19. |
Based on the Rambam's Commentary on the Mishnah (Sh'vi'it 2:7), we have translated אורז as rice, and דוחן as millet. There are, however, different opinions concerning this matter. (See Magen Avraham 208:9; Turei Zahav 208:11.)
|
| 20. |
For it is not common to make bread from millet.
|
| 21. |
Rashi (Eruvin 71b) explains the difference between the eruv established in a courtyard and theshituf established in a lane as follows: An eruv is necessary in order to consider all of the dwellings as the mutually-owned property of all the members of the courtyard. Since the establishment of a location as a dwelling is a significant halachic act, it is necessary to use a significant food, bread. In contrast, the shituf joining together different courtyards is a far looser arrangement. Hence, other foods are also acceptable.
|
| 22. |
In his Commentary on the Mishnah (Eruvin 3:1), the Rambam explains that mushrooms and truffles are a very base type of food. Hence, they are not considered acceptable.
In his gloss on the Shulchan Aruch (Orach Chayim 386:5), the Vilna Gaon writes that the exclusion does not apply to cooked mushrooms and truffles, for they are considered foods of high quality. Sefer HaKovetz differs and refutes all the proofs brought by the Vilna Gaon.
|
| 23. |
By themselves, these are considered to be fit to prepare food, but not to be foods themselves (Rambam's Commentary on the Mishnah, loc. cit.). When mixed together as brine, they are suitable as a dip.
When quoting this ruling, the Shulchan Aruch (Orach Chayim 386:5) mentions the opinion ofTosafot (loc. cit.) that the brine must also be mixed with oil. Without this, the brine is unfit for use as a dip.
|
| 24. |
As stated in Hilchot Shabbat 18:1, one is liable for t ransferring an amount of food equal to the size of a dried fig from one domain to another. Therefore, this is the size of the measure chosen to establish a shituf. (See Eruvin 80b.)
|
| 25. |
According to Shiurei Torah, the size of an egg is 57.6 milliliters.; according to the Chazon Ish, it is 100 milliliters.
See also the Kessef Mishneh, who notes that based on Eruvin 82b-83a, there is an apparent contradiction between the Rambam's ruling here and his ruling in Hilchot Tum'at Ochalin 4:1. Nevertheless, a deeper analysis of the text in Eruvin allows for a resolution of both decisions.
Note also the Shulchan Aruch HaRav 368:3 which mentions an opinion that the measure is slightly less than the size of eight eggs. Since there are many halachic factors dependent on this measure, e.g., the measure of כדי אכילת פרס, the ruling is very significant.
|
| 26. |
The principle on which this halachah is based is expressed by Eruvin 29b: "For side dishes [that are eaten together with bread], the minimum measure is the amount [of these dishes] eaten at two meals. For food that is not a side dish, an amount large enough to eat two meals from it."
In Talmudic times, bread was the staple food that was generally served as the basis for a meal. Smaller quantities of other foods were also eaten at a meal, together with bread as "side dishes." Accordingly, if the food in question is usually eaten together with bread as a side dish, it is necessary to bring only the quantity that would usually be consumed as a side dish in a meal. If, however, the food is not usually eaten with bread, but instead is itself a staple that can be used as a staple instead of bread, the full amount necessary for two meals is required.
|
| 27. |
The Rambam gives several examples of the minimum amounts required for side dishes in the following halachah.
|
| 28. |
In contrast to the cooked wine mentioned in the previous halachah.
|
| 29. |
See Hilchot Matnot Ani'im 6:8, which mentions this and several of the other measures cited by the Rambam in this halachah as "sufficient to satisfy" a poor man, and therefore fit to be given to him as "the tithe of the poor." Significantly, there it mentions "ten nuts," leading the Maggid Mishneh to consider amending the text here.
|
| 30. |
Raw vegetables are eaten in salads, and cooked vegetables are eaten as foods, but partially cooked vegetables are not eaten at all. The Ra'avad maintains that this restriction applies only to beets, but the Maggid Mishneh explains that the same rationale - and therefore the same ruling - applies to other vegetables as well.
|
| 31. |
The Rambam defines this and several of the other measures he mentions in the following halachah.
|
| 32. |
A parasitic plant that grows on shrubs.
|
| 33. |
A wild plant that is occasionally used for food. Some commentaries reverse the definitions of cuscuta and lichen.
|
| 34. |
When the leaves grow long, they are called scallions and are edible. Before they grow long, however, they are bitter, and unfit to be used.
|
| 35. |
The Rambam's statements are based on the statements of the Mishnah (Me'ilah 4:7), which he interprets as referring to both an eruv t'chumim (an eruv to extend the Sabbath boundaries) and ashituf. The Ra'avad differs and maintains that the reference is only to an eruv t'chumim. Significantly, in his Commentary on the Mishnah (Me'ilah, loc. cit.), the Rambam mentions only aneruv t'chumim, seeming to imply that he originally held the same view as the Ra'avad. TheShulchan Aruch (Orach Chayim 386:4) follows the ruling of the Rambam in this halachah.
|
| 36. |
Rashi differs and defines a Roman pound as equaling a log, four revi'iot.
|
| 37. |
A revi'it, the measure on which all the other measures mentioned in this halachah is based, is 86.4 milliliters according to Shiurei Torah, and 150 milliliters according to the Chazon Ish.
|
| 38. |
See also Hilchot Shekalim 1:3.
|
| 39. |
Rav Moshe HaCohen objects to the Rambam's statements, because equal volumes of wine and water are not equal in weight.
|
| 40. |
In Hilchot Tefillah 15:4, the Rambam defines a revi'it as the volume of an area two fingerbreadths by two fingerbreadths, which is two and seven tenths of a fingerbreadth high.
|
| 41. |
This refers to an eruv t'chumim, for, as stated in Halachah 8, an eruv for a courtyard may be established only with bread.
|
| 42. |
Who may not partake of wine (Numbers 6:3).
|
| 43. |
Although it may be eaten only by a priest (Leviticus 22:10, Numbers 18:12).
Although this law is quoted by the Shulchan Aruch (Orach Chayim 386:8), Shulchan Aruch HaRav386:8 and the Mishnah Berurah 386:47 note that in the present age, even the priests are ritually impure, and are therefore forbidden to partake of terumah. Hence, terumah may no longer be used for an eruv.
|
| 44. |
According to Rabbenu Asher and the Tur (Orach Chayim 386), the word "partake" is exact. Were a person to vow not to benefit from a food, he would be forbidden from using it for this purpose. (Others differ and maintain that since "the mitzvot were not given for our benefit," using the food for an eruv does not violate one's vow.) Shulchan Aruch HaRav, loc. cit., suggests that one should be stringent and follow the Tur's ruling.
|
| 45. |
Food from which terumah and the tithes have not been separated, and that is hence forbidden to be eaten. The Rambam's choice of foods is based on Berachot 7:1, which mentions that a blessing should not be recited when partaking of the foods mentioned in the first grouping, because they are forbidden. In contrast, a blessing should be recited over those in the second grouping. (See also Hilchot Berachot 1:19-20.)
|
| 46. |
E.g., produce that grows in containers (Rambam's Commentary on the Mishnah, Berachot, loc. cit.).
|
| 47. |
This refers to an instance in which the first tithe was separated before terumah. Before it is permitted to partake of the tithe, it is necessary to separate terumah from it (ibid.).
|
| 48. |
The second tithe may be eaten only in Jerusalem, and consecrated a rticles may not be used for mundane purposes. These articles may be redeemed and then used for mundane purposes. In this instance, however, we are speaking about a situation where the redemption was improperly performed - e.g., one used uncoined metal (ibid.).
|
| 49. |
Produce from which we are unsure whether the tithes were separated or not. (See Hilchot Ma'aser 9:1.)
|
| 50. |
When the second tithe or consecrated articles are being redeemed, it is necessary to add an additional fifth of the article's value. Nevertheless, once the value of the article itself is paid, even though the additional fifth is still outstanding, the article is considered redeemed and may be used for mundane purposes. (See Hilchot Ma'aser Sheni 5:12.)
|
| 51. |
The Ra'avad and Rav Moshe HaCohen differ with the Rambam and state that it was customary to collect a portion of flour from all the houses in the courtyard and then to bake a single loaf from it. Others mention the custom that one person would bake a loaf from his own flour and grant everyone a portion in it. (See Ramah, Orach Chayim 366:6.)
|
| 52. |
See Halachah 18.
|
| 53. |
The place where the eruv is stored must be fit to serve as a dwelling. All the examples that the Rambam mentions as acceptable can serve as a dwelling if necessary. By contrast, all those that he mentions as unacceptable are not fit to serve as a dwelling.
The Ramah (loc. cit.:3) states that since, at present, since a shituf is established for a larger area, it is unnecessary to be placed in a dwelling. For this reason, it is permitted - and this is indeed the custom - to place the eruvin in the synagogue.
|
| 54. |
A Greek architectural structure with two or three walls.
|
| 55. |
For the blessing should be recited before the mitzvah is carried out. The Beit Yosef (Orach Chayim 395) states that it is preferable to recite the blessing before one begins gathering the bread or the flour from each household. The later authorities, however, state that one may recite the blessing after completing the collection (Shulchan Aruch Harav 366:18; Mishnah Berurah366:81).
|
| 56. |
Even though the mitzvah of establishing an eruv was ordained by our Sages, it is proper to praise God when fulfilling His commandments, because carrying out the decrees of the Sages also fulfills God's commandments (Hilchot Berachot 11:3).
|
| 57. |
The Shulchan Aruch (Orach Chayim 366:15) states that one should add "And from the courtyard to the houses and from the houses to the courtyard."
|
| 58. |
Eruvin 49a explains that by having the loaf of bread they gave for the eruv located in a house, the other people who join in the eruv show that they have the right to dwell in that house. The person who actually dwells in the house where the eruv is kept, by contrast, does not need any further indication that it is his home.
|
| 59. |
In his Commentary on the Mishnah (Gittin 5:8), the Rambam explains that since the person in whose home the eruv is kept benefits (for he does not have to contribute toward it), it is proper to continue offering him this benefit. The commentaries note that this interpretation appears to differ from that of the Talmud (Gittin 60b), which states that it should be kept in the original house because of "suspicion." (According to Rashi, this means the suspicion that will arise when people enter the house where the eruv is usually held, and see that there is no eruv there; according toTosafot, it is intended to belie the suspicion that the place of the eruv was changed because the person in whose house it was kept stole from it.)
|
| 60. |
See Halachah 9.
|
| 61. |
I.e., the governing principle is that the shituf must be kept in a protected place. A courtyard is acceptable for this purpose, because it is the private property of the inhabitants of the houses that adjoin it. The lane itself, however, is public property, and therefore unacceptable.
|
| 62. |
The Maggid Mishneh quotes geonim who agree with the Rambam, but also other authorities who state that lifting up the container is necessary only when the container belongs to another person and he is granting the inhabitants of the lane the right to use it. To manifest their acquisition, they are required to lift it up a handbreadth above the ground.
In the Kessef Mishneh, Rav Yosef Karo explains that, according to the Rambam, it makes no difference if the container is held in a courtyard or in a home; it should always be lifted a handbreadth above the ground so that it will be obvious. Nevertheless, in the Shulchan Aruch(Orach Chayim 386:9), Rav Karo quotes the other opinion mentioned by the Maggid Mishneh.
|
| 63. |
One may use the term eruv, which means "joining," since a shituf also involves a joining together of all the courtyards in the lane (Mishnah Berurah 395:2). Even when one fails to recite the blessing, the shituf is still effective (Ramah, Orach Chayim 395:1).
|
| 64. |
The Ramah (loc. cit.) states that one should also add "from the courtyards to the houses" in this statement. (See Halachah 19 and notes.)
|
| 65. |
The Maggid Mishneh explains that both these containers must be located in the same house. This stipulation is quoted by the Shulchan Aruch (Orach Chayim 366:4).
Commenting on this ruling, the Mishnah Berurah notes that when a shituf is made for an entire community, it should be placed in one synagogue. It is not proper to divide it and place a portion in each of the community's synagogues.
|
| 66. |
Although a lane is a private domain according to the Torah, and one might therefore assume that a single shituf would be sufficient, Eruvin 71b requires that the inhabitants of the courtyards establish eruvin. Otherwise, it is possible that their children will grow up and carry in a courtyard without establishing either a shituf or an eruv because of their ignorance of the matter.
|
| 67. |
The bread must be a whole loaf, and it must be placed within a house. Otherwise, it is unacceptable for use as an eruv (Mishnah Berurah 387:6).
It is customary to use bread (more particularly, matzah) as a shituf and to place the shituf for the entire community in the synagogue. This creates a slight difficulty, because a synagogue may not be used as a dwelling. The Ramah (366:3, 387:1) uses this as support for his thesis that at present, once a shituf is made, there is no need for the courtyards to make eruvin. (See also Chapter 5, Halachot 13-14.)
|
| 68. |
Since bread is the staple of our diet, it will be noticed by the children (Beit Yosef, Orach Chayim387).
|
| 69. |
Provided they are eating within a house (Shulchan Aruch, Orach Chayim 366:11).
|
| 70. |
The Maggid Mishneh states that this law applies regardless o f whether the food was owned mutually, or belonged to one person. For, as stated in the following halachah, a person may grant others a portion in his food, and establish an eruv or a shituf on this basis.
|
| 71. |
In the Kessef Mishneh, Rav Yosef Karo mentions opinions that require the person who receives the food on behalf of the inhabitants of the courtyard or the lane to live there himself, as well. He, however, appears to reject this view and does not mention it in the Shulchan Aruch.
|
| 72. |
I.e., the person gives the bread or the food to the recipient and asks him to take possession of it on behalf of all the inhabitants of the courtyard or the lane. Afterwards, since they have a share in the food, it is considered as though they had contributed toward the eruv.
|
| 73. |
In this ruling, the Rambam follows the simple interpretation of the Mishnah (Eruvin 7:6). Tosafot(Eruvin 79b) differs and interprets the words קטנים and גדולים in terms of financial dependence. קטנים refers to children dependent on their parents even if they are past the age of majority. גדולים refers to children independent of their parents even if they are below the age of majority.
The Shulchan Aruch (Orach Chayim 366:10) states that at the outset, it is desirable to satisfy both views. After the fact, as the Ramah states explicitly, as long as a person made an eruv in accordance with either of these opinions, it is acceptable.
|
| 74. |
Because the financial status of a Hebrew servant is independent of that of his master.
|
| 75. |
The Hebrew term for this expression (quoted by the Rambam from Eruvin, loc. cit.) is ידם כידו - literally, "their hand is like his hand." Since they have no independent financial status, it is as if the article has never left the possession of its original owner.
|
| 76. |
Although she is a minor, her status differs from that of the owner's children, because she is not at home.
|
| 77. |
This principle applies in several different financial contexts. If a person takes possession of an article on behalf of a colleague, it becomes the latter's property even though he himself is unaware of the transaction. (See also Chapter 5, Halachot 4 and 23.)
|
| 78. |
An eruv extending one's Sabbath boundaries, by contrast, s hould be established before sunset. (See Chapter 6, Halachah 13.)
|
| 79. |
The time between sunset and the appearance of three stars.
|
| 80. |
See Chapter 6, Halachah 14.
|
| 81. |
Since the requirement to establish an eruv is a Rabbinic institution, we follow the principle: Whenever a doubt arises regarding a question of Rabbinic law, the more lenient option is followed.
|
| 82. |
This refers to a labor forbidden by the Torah itself. If the act is forbidden merely by Rabbinic law, the eruv is acceptable, for a sh'vut is not forbidden beyn hash'mashot (Maggid Mishneh). (See Chapter 6, Halachah 10, and Hilchot Shabbat 24:10.)
|
| 83. |
The tenth of the tithe, which the Levites must give to the priests.
|
| 84. |
I.e., it is as if the terumah or the terumat ma'aser had not been separated at all. (See also Chapter 6, Halachah 16.)
|
Eruvin - Chapter Two
Halacha 1
When all the inhabitants of a courtyard, with one exception, have established an eruv, this individual [causes carrying] to be forbidden.1 [This rule applies regardless of whether the person failed to join the eruv] because of a willful decision2 or because of an oversight. [In such a situation,] it is forbidden for all the inhabitants to transfer articles from their homes to the courtyard or from the courtyard to their homes.
Should the person who did not join in the eruv subordinate3 the ownership of merely [his share] of the courtyard [to the others],4 they are permitted to carry from their homes to the courtyard and from the courtyard to their homes.5[They may not,] however, carry to the home [of this individual].
If he subordinates the ownership of his house and [of his share] of the courtyard [to the others], they are all permitted to carry. The others are permitted, because he subordinated the ownership of his house and [of his share] of the courtyard to them. He is also permitted to carry, because he no longer owns a domain. Therefore, he is considered to be [the others'] guest, and the presence of a guest does not [cause carrying] to be forbidden [in a courtyard].6
Halacha 2
When a person subordinates the ownership of his property without specifying his intent, it is presumed that he has subordinated the ownership [of his share] of the courtyard, but not the ownership of his house. When a person subordinates the ownership of his domain, he must make an explicit statement to that effect to every inhabitant of the courtyard, saying, "My domain is subordinated to you, and to you, and to you."7
An heir may subordinate the ownership of a domain. Even when the testator dies on the Sabbath itself, the heir is empowered to act in place of the testator in all matters.8
Ab initio, it is permitted to subordinate the ownership of one's domain on the Sabbath itself.9
Halacha 3
[If, conversely,] those who joined in the eruv subordinate the ownership of their domain to the person who did not join, he is permitted [to carry] - for he remains the sole [owner of property] - but they are forbidden to carry, for they no longer own property. We do not say that they are considered to be his guests, because many people cannot become the guests of a single individual.10
Halacha 4
[The following rules apply when] there are two or more individuals who do not participate in the eruv: If they subordinate the ownership of their domain to those who participated in the eruv, those who participated in the eruv are permitted [to carry], and those who did not participate are not permitted [to carry].11 Those who participated in the eruv are not able to subordinate the ownership of their domain to the two who did not participate, because each of them causes the other to be forbidden to carry.12
Even if one of those who did not participate subordinates the ownership of his domain to the other person who did not participate, they are still forbidden to carry, since at the time when the others subordinated the ownership of their domain to him, he was forbidden to carry.
[When there are only two people sharing a courtyard,] and one makes aneruv, he may not subordinate the ownership of his domain to the other person who did not join in the eruv. Conversely, however, the person who did not join in the eruv can subordinate the ownership of his domain to the person who made the eruv.13
Halacha 5
Just as one homeowner can subordinate the ownership of his domain to another homeowner in a single courtyard, so too, [the inhabitants of] one courtyard can subordinate the ownership of their domain to [the inhabitants of] another courtyard.14
[After a person has subordinated his domain,] the recipient can, in turn, subordinate it [to its original owner]. What is implied? If two people are living together in a courtyard, and neither has made an eruv, the first may subordinate the ownership of his domain to his colleague, thus allowing the second colleague to carry within the domain that the first subordinated to him until he completes what he must do. Afterwards, the second colleague may subordinate ownership of the domain to the first. Indeed, this exchange may take place several times [on one Sabbath].
One may subordinate one's ownership of a ruin in the same manner in which one subordinates one's ownership of a courtyard.15
Halacha 6
[The following rules apply when] a person who subordinated the ownership of his domain transfers an article to or from the domain that he subordinated: If he willingly transfers the article, his act causes the others to be forbidden [to carry],16 for he did not maintain his commitment.17 If he transfers the article unknowingly, he does not cause the others to be forbidden [to carry], for he maintained his commitment.
When does the above apply? When the others did not make use of the privilege granted them first. If, however, the others made use of the privilege granted them first,18 his act does not cause the others to be forbidden [to carry],19 regardless of whether he transferred the article willingly or unknowingly.
7 When there are two houses on opposite sides of a public domain, and gentiles have surrounded [the area] with a partition on the Sabbath,20 the owners of the homes may not subordinate the ownership of their domain to each other, because it was impossible to establish an eruv before [the commencement of] the Sabbath.21
[The following rules apply when] one of the inhabitants of the courtyard dies and his estate is left to someone living elsewhere: If [the owner] died before the commencement of the Sabbath, since the heir is not an inhabitant of the courtyard, he causes carrying to be forbidden.22 If [the owner] dies after the commencement of the Sabbath, [the presence of] the heir who is not an inhabitant of the courtyard does not cause carrying to be forbidden.23
[The following rules apply when] a person who lives outside the courtyard,24[but who owns a house within the courtyard] dies and leaves his domain to one of the inhabitants of the courtyard: If [the owner] died before the commencement of the Sabbath, carrying is not forbidden, because all [the inhabitants of the courtyard] participate in the eruv.25 If [the owner] dies after the commencement of the Sabbath, carrying is forbidden26 until [the heir] subordinates the ownership of the domain that he inherited to the others.
Halacha 8
[The following rule applies when] a Jew and an [heirless] convert27 are dwelling in a cave, and the convert dies before the commencement of the Sabbath:28 If another Jew takes possession of the convert's property29 - even if he does not take possession before nightfall - the person who takes possession causes carrying to be forbidden until he subordinates [the property of which he took possession], for he is considered to be an heir.30
If the convert dies after nightfall, even if another Jew takes possession of his property, he does not cause carrying to be forbidden. Instead, the license initially granted continues.31
Halacha 9
When a Jew dwells together with a gentile or a resident alien32 in a courtyard, the presence of the non-Jew does not cause carrying to be forbidden, for [in a halachic sense] a dwelling of a non-Jew is insignificant. His presence is like the presence of animal.
When, however, two Jews share a courtyard with a gentile, his presence causes carrying to be forbidden.33 This is a decree so that they do not dwell together with a gentile, lest they emulate his conduct. Why was such a decree not issued regarding a single Jew and a single gentile? Because this is very uncommon,34 for the Jew will fear that the gentile will [find an opportunity] to be alone together [with him] and kill him. The Sages previously forbade being alone with a gentile.35
Halacha 10
When two Jews and a gentile live in [separate] homes in a single courtyard, and the Jews establish an eruv, their actions are of no consequence. Similarly, if they subordinate the ownership of their domain to the gentile, he subordinates the ownership of his domain to them, or one of the Jews subordinates the ownership of his domain to the other so that they are as a single aggregate [living together] with the gentile, their deeds are of no consequence.
For an eruv may not be established where a gentile is present, nor is the subordination of one's domain effective when a gentile is present. There is no alternative other than renting36 the gentile's domain,37 so that he becomes [the Jews'] guest, as it were. Similarly, if many gentiles are present,38 they must rent their domains to the Jews, and afterwards the Jews establish an eruv.39[Only then] may they carry.
When one Jew rents a gentile's domain, he may then establish an eruv with the other Jews,40 allowing them all to carry. It is not necessary for every individual to enter into a [separate] rental agreement with the gentile.
Halacha 11
[The following rule applies when] there are two courtyards, one leading to the other: If a Jew and a gentile live in the inner courtyard and another Jew lives in the outer courtyard, or a Jew and a gentile live in the outer courtyard and another Jew lives in the inner courtyard, [the gentile's presence] causes carrying to be forbidden in the outer courtyard until [the Jews] rent his domain,41 since it is used by two Jews and a gentile.42 [The Jew who lives] in the inner courtyard, by contrast, may carry in the inner courtyard.43
Halacha 12
We may enter into a rental agreement with a gentile [for this purpose] on the Sabbath itself.44 For this rental arrangement is comparable to the subordination of a domain; [i.e.,] it is done to make a distinction and not as a [hard and fast] rental agreement. For this same reason, one may rent the gentile's domain for less than the value of a prutah.45
A gentile's wife can rent out [his domain] without his knowledge.46 Similarly, [the gentile's] hired workers or his servants can rent out [his domain] without his knowledge. [This applies even when these] hired workers or servants are Jewish.
If a person asked a gentile permission to use a place in the gentile's domain to store some of his possessions, and the gentile agreed, he is considered as being a partner in the gentile's domain. Accordingly, he may rent out [the gentile's domain on his behalf] without his knowledge.47 If a gentile has many workers, servants, or wives, it is sufficient if one rents out his domain from one of them.
Halacha 13
When two Jews and a gentile are living in the same courtyard, and [only] one of the Jews rented the gentile's domain on the Sabbath, he may subordinate the ownership of his domain to the other.48 [This causes carrying] to be permitted.49 Similarly, if the gentile dies on the Sabbath, one Jew may subordinate the ownership of his domain to the other, and thus cause carrying to be permitted.
Halacha 14
[The following rule applies when] one gentile rents his property to another:50 If it is impossible for the owner to evict the second gentile until the conclusion of his rental contract, we must rent [the domain] from the second gentile,51 for he takes the place of the owner.
When, in contrast, the owner can evict the renter whenever he desires - if the renter is not present,52 the Jews are permitted to carry if they rent the property from its original owner.
Halacha 15
[The following rules apply when] there are several Jews and a gentile living in the same courtyard, and there are windows leading from one Jew's house to another Jew's house. If they have established an eruv via the windows, and thus they are permitted to transfer articles from house to house via the windows, the gentile's presence causes them to be forbidden to transfer articles via the entrances unless they rent from him. For whenever a gentile is present, we do not consider a group of people who joined together through aneruv as a single individual.53
Halacha 16
When a Jew desecrates the Sabbath publicly or worships false gods, he is considered as a gentile regarding all things.54 We may not include him in aneruv, nor may he subordinate the ownership of his domain. Rather, we must rent his domain55 as [we rent the domain of] a gentile.56
[Different rules apply with regard] to a non-believer, one who does not worship false gods or desecrate the Sabbath - e.g., the Sadducees, the Boethusists, and all those who deny the Oral Law.57 The general principle is that whoever does not acknowledge the mitzvah of an eruv may not participate in one, for he denies [its basis]. Nor may we rent his property, for he is not considered to be a gentile. The alternative is for him to subordinate the ownership of his domain to a Jew whose conduct is acceptable.
Similarly, if a Jew whose conduct is acceptable lives together with this Sadducee in a courtyard, the presence of the Sadducee causes carrying to be forbidden [in the courtyard] unless he subordinates the ownership of his domain to his colleague.
| FOOTNOTES | |
| 1. |
Rather than consider a courtyard as being divided into small portions belonging to each of the homeowners, we consider the entire courtyard to be the joint property of all the inhabitants. Therefore, if one of them does not participate in the eruv, it is forbidden to carry within the courtyard as a whole.
It must be emphasized that this halachah and those that follow apply only in a situation where the person establishing the eruv did not grant all other inhabitants in the city, lane, or courtyard a share, as stated in Chapter 1, Halachah 20. Today, this granting of a share is standard practice, and so it is unlikely that such situations would arise.
|
| 2. |
Eruvin 6:3, the source for this halachah, mentions only an accidental oversight. The consensus is that according to the development of the concept in the Gemara, the same rules apply regarding a willful decision.
|
| 3. |
The subordination (ביטול in Hebrew) of the ownership of one's domain is a halachic institution devised by our Sages for situations of this nature. It gives the others the formal rights of ownership. After the person has subordinated his ownership, there no longer exists a person with a share in the courtyard who is not participating in the eruv.
|
| 4. |
Rashi and Rabbenu Asher (Eruvin 79b) maintain that in addition to subordinating the ownership of his share in the courtyard, the person who did not participate in the eruv must lock the door of his home so that he will not be tempted to transgress and take articles out. He may open the door to leave, but must lock it immediately thereafter.
Rav Yosef Karo mentions this view in the Kessef Mishneh and in the Shulchan Aruch (Orach Chayim 380:1). Shulchan Aruch HaRav 380:2 states that one may rely on the Rambam's ruling.
|
| 5. |
Similarly, they may carry within the courtyard itself. The person who did not participate in the eruvmay also carry within the courtyard and to and from the homes of the others, because he is considered as a guest (Shulchan Aruch, Orach Chayim 380:1).
|
| 6. |
Since the guest does not own a share of the domain, his participation or lack of participation in theeruv is of no consequence.
|
| 7. |
The Turei Zahav 380:1 explains that the Rambam's intent is that if he merely said "I subordinate my domain to all of you," one might interpret his intent as "to most of you." Therefore, it is necessary to be more specific.
Rashi (Eruvin 26b) differs and maintains that it is sufficient for the person to say, "I subordinate my domain to all of you," without explicitly mentioning each person. The Shulchan Aruch (Orach Chayim 380:1) mentions both opinions. Shulchan Aruch HaRav 380:1 and the Mishnah Berurah380:5 state that one may rely on the more lenient view.
|
| 8. |
Although the heir would not have been able to subordinate the domain before the Sabbath began, should he consent to do so on the Sabbath itself, the eruv is acceptable. (See also Halachah 7.)
|
| 9. |
This ruling is the subject of a debate between the School of Shammai and the School of Hillel (Eruvin 6:4). The School of Shammai maintains that subordinating one's domain is comparable to a transfer of property, and therefore requires that it be performed before the commencement of the Sabbath. The School of Hillel differs, explaining that it is considered to be merely the removal of one's authority, and hence may be performed on the Sabbath itself (Eruvin 71a).
|
| 10. |
Needless to say, should one have actual guests, the fact that many guests stay in one home does not affect whether or not one is allowed to carry. When, however, we are speaking about guests merely in the halachic sense of the word, many persons are not considered the guests of one individual (Mishnah Berurah 380:18).
|
| 11. |
Since they did not participate in the eruv, they may not benefit from it. Nor can they be considered to be guests, for the halachic conception of a guest does not apply when more than one individual is involved.
|
| 12. |
There will still be two individuals who have a share in the courtyard and are not partners in theeruv. Hence, carrying in the courtyard is forbidden.
|
| 13. |
Note the Ra'avad, who questions why the Rambam does not explain, as does Eruvin 70a, the source for this halachah, that this refers to an instance when a courtyard was shared by three people, two made an eruv, but not the third. On the Sabbath, one of the two who participated in theeruv died, and one of the two remaining desired to subordinate the ownership of his domain to his colleague.
|
| 14. |
If two adjoining courtyards open up to each other and both open up to the public domain, it is forbidden to carry from one to the other unless an eruv is made. Nevertheless, even if an eruvwas not made, the inhabitants of one courtyard (A) may allow the inhabitants of the other (B) to carry within courtyard (A) by subordinating their ownership of their domain. In such an instance, the inhabitants of courtyard (A) may not carry within their domain.
These principles also apply when one courtyard leads to another, which ends in a cul-de-sac. (See the Maggid Mishneh and Shulchan Aruch, Orach Chayim 381:2.)
|
| 15. |
The Maggid Mishneh and the Shulchan Aruch (Orach Chayim 381:3) explain that this refers to a situation in which a ruin lies between two houses. If an eruv is not made, the two can carry in the area of the ruin by subordinating their rights to each other.
|
| 16. |
The Magen Avraham 381:1 states that when the person subordinates the ownership of his share of the courtyard, but not his house, this restriction applies only when the person takes an article from his house to the courtyard. If he takes an article from the courtyard to his house - although he is forbidden to do so - his act does not nullify his subordination of the ownership of his property. The rationale is that since he no longer has a share in the courtyard, it can be understood that he desired to remove his property from there. Shulchan Aruch HaRav 381:1 accepts the Magen Avraham's ruling, while the Mishnah Berurah 381:3 does not.
|
| 17. |
It appears that the Rambam's intent is that by carrying, he makes it obvious that he no longer abides by his commitment to subordinate the ownership of his property. (See Shulchan Aruch HaRav, loc. cit., which states that the reason why the others are prohibited to carry is that the person's act shows that his commitment was not genuine at the outset.)
|
| 18. |
Rashi (Eruvin 61b) states that this rule applies when, after the commencement of the Sabbath, the inhabitants of the courtyard make use of the domain that was subordinated. The Tur and others differ and maintain that even if they make use of the domain before the commencement of the Sabbath, it is acceptable. The Shulchan Aruch (Orach Chayim 381:1) mentions both views, but appears to favor the Tur. Shulchan Aruch HaRav (loc. cit.) and the Mishnah Berurah (381:6) state that Rashi's view should be followed. After the fact, however, Shulchan Aruch HaRav maintains that we may rely on the Tur's ruling.
|
| 19. |
Eruvin, loc. cit., states that Rabban Gamliel related the following incident: A Sadducee was living in the same lane as his family. One Sabbath, the Sadducee consented to subordinate the ownership of his domain. Rabban Gamliel's father told him to hurry and take some of their property out to the lane, so that the Sadducee would not be able to nullify his commitment.
|
| 20. |
As mentioned in Hilchot Shabbat 16:22, a partition erected on the Sabbath itself is considered valid and establishes an area as a private domain. Nevertheless, although according to the Torah one would be allowed to carry in this domain, it is forbidden by Rabbinic law to do so unless an eruv is established. That must be done before the commencement of the Sabbath.
|
| 21. |
Accordingly, since it was forbidden to carry within this area for a portion of the Sabbath, it remains forbidden for the entire Sabbath.
|
| 22. |
The Maggid Mishneh explains that this refers to a situation in which the original owner joined in aneruv for the Sabbath in question. If the heir lived outside the courtyard and did not participate in theeruv, he causes carrying to be forbidden, because at the commencement of the Sabbath the owner of this dwelling did not participate in the eruv.
The Maggid Mishneh also clarifies that, as reflected in Chapter 4, Halachot 1 and 6, this restriction applies only when the heir comes to dwell in the house for the Sabbath. He also notes that, as stated in Halachah 2, the heir may subordinate his ownership of the domain on the Sabbath. These rulings are quoted in the Shulchan Aruch (Orach Chayim 371:4).
|
| 23. |
Since it was permitted to carry for a portion of the Sabbath, it is permitted to carry for the entire Sabbath (Maggid Mishneh).
|
| 24. |
And therefore did not join in the eruv of the courtyard.
|
| 25. |
The heir's participation in the eruv for the sake of his own home is also effective regarding the home that he inherits.
|
| 26. |
For the dwelling inherited by the heir was not included in the eruv at the commencement of the Sabbath.
|
| 27. |
Upon the death of a convert who has not fathered any children born after his conversion, his property is ownerless and is acquired by the first Jew who takes possession of it (Hilchot Zechiyah UMatanah 1:6).
|
| 28. |
Both clauses of the halachah refer to a situation in which the original Jew and the convert had made an eruv previously.
|
| 29. |
If, however, the convert's dwelling remains ownerless, the other individual may carry on the Sabbath (Mishnah Berurah 271:27).
|
| 30. |
Since the dwelling was ownerless at the commencement of the Sabbath, there is room for the supposition that one should be allowed to carry throughout the Sabbath. Nevertheless, since it was fit for another person to take possession of it at the commencement of the Sabbath, our Sages considered it to be a separate domain (Shulchan Aruch HaRav 271:4; Mishnah Berurah271:28).
|
| 31. |
For, as stated above, once an eruv is considered effective at the beginning of the Sabbath, it remains effective throughout the Sabbath, unless the fence surrounding the domain is opened.
|
| 32. |
A gentile who accepts the observance of the seven universal laws commanded to Noah and his descendants (Hilchot Avodat Kochavim 10:6; Hilchot Melachim 8:10-11).
|
| 33. |
As reflected by Chapter 5, Halachah 16, this restriction applies only when the two Jews do not share a single dwelling themselves. It is only when they would require an eruv themselves that the presence of a gentile makes it forbidden to carry. (See Maggid Mishneh; Shulchan Aruch, Orach Chayim 382:1.)
|
| 34. |
And the Sages did not institute decrees governing uncommon situations.
|
| 35. |
See Hilchot Rotzeach UShemirat HaNefesh 12:7.
|
| 36. |
The Sages made renting the only alternative, because they knew that this would not be easily accepted by the gentiles. They hoped that the difficulty and inconvenience this would cause would prevent Jews from living together with gentiles.
|
| 37. |
The Rashba mentions, however, that if the gentile is renting property from a Jew, it is not necessary to rent the property back from him when establishing an eruv. On the contrary, it is considered an implicit condition of the rental agreement with the gentile that his ownership not prevent the Jews from establishing an eruv. This ruling is quoted by the Ramah (Orach Chayim382:1).
|
| 38. |
The laws applying to the establishment of an eruv in a city inhabited by Jews and gentiles are discussed in Chapter 5, Halachah 23.
|
| 39. |
The Be'ur Halachah 382 states that the Rambam's wording implies that the sequence is significant. First, the gentile's property must be rented, and then the eruv established. If the sequence is reversed, the eruv is not effective. Nevertheless, in conclusion, he writes that with regard to practice, an eruv is acceptable even if the order was reversed.
|
| 40. |
Sha'ar HaTziyun 382:31 emphasizes that it is not necessary for the individual to act as an agent for the rest of the Jews living in the courtyard. Even if he rents the gentile's property on his own initiative alone, it is sufficient.
|
| 41. |
When quoting this law, the Shulchan Aruch (Orach Chayim 382:17) mentions another instance when the same ruling applies: when the two Jews share the outer courtyard and the gentile lives in the inner courtyard alone. Since the gentile must pass through the outer courtyard, he is considered to have a share in it that must be rented.
|
| 42. |
Hence, it is necessary for the Jews to rent it, as reflected in the previous two halachot.
|
| 43. |
In this instance, either the Jew is living alone in the inner courtyard or he alone is sharing it with the gentile (in which case carrying would be permitted, as stated in Halachah 9).
|
| 44. |
Although making business agreements including rentals is normally forbidden on the Sabbath (Hilchot Shabbat 23:12).
|
| 45. |
Regarding business agreements among Jews, a monetary value worth less than a prutah is insignificant. From Eruvin 62a, it would appear that the rationale for this ruling is that regarding business agreements among gentiles, a monetary value worth less than a prutah is significant. (See Hilchot Melachim 9:9.)
The Rambam's wording, however, suggests a second rationale - that since the agreement is more of a Rabbinic requirement than a business arrangement, an agreement which does not comply entirely with contractual law is also acceptable. The Or Sameach explains that the concept stated by the Rambam is necessary. Otherwise, the rental agreement would not be strong enough to have bearing on halachic questions involving a Jew.
|
| 46. |
Based on Eruvin 80a, the Maggid Mishneh maintains that it is possible to rent the gentile's domain from his wife even though he himself refuses to agree to such an arrangement.
|
| 47. |
Eruvin 63b-64a mentions that a gentile once refused to rent out his property, and the Rabbis were able to secure permission to carry in the courtyard through such an arrangement.
|
| 48. |
Since neither had rented the gentile's property before the commencement of the Sabbath, it was impossible for them to establish an eruv (Halachah 9). As stated in Chapter 1, Halachah 21, aneruv must be established before the commencement of the Sabbath. Hence, in this instance, the only alternative is for one to subordinate the ownership of his domain to the other.
|
| 49. |
More specifically, the person to whom the domain was subordinated may carry. The person who himself subordinated the domain may not carry unless his colleague subordinates his domain to him, as stated in Halachah 5. Nevertheless, what is significant about this halachah is that it shows that although carrying was forbidden in the courtyard at the commencement of the Sabbath, it may be permitted later on.
|
| 50. |
This halachah is based on actual incident that occurred concerning Resh Lakish and his student, Rabbi Chanina, when they were on a journey (Eruvin 65b).
|
| 51. |
If, however, the original owner retains the right to store some of his goods on the property or use it in any way, we may rent it from him (Shulchan Aruch, Orach Chayim 382:18).
|
| 52. |
Even if the tenant is present, the property may be rented from the original owner (Mishnah Berurah 382:62).
|
| 53. |
I.e., since the Jews established an eruv via the windows, it is possible to suppose that all the Jews would be considered to be a single entity. This, in turn, would cause them to be allowed to carry, as stated in Halachah 9. Nevertheless, the Rabbis did not allow for this leniency.
|
| 54. |
See Hilchot Avodat Kochavim 2:4 and Hilchot Shabbat 30:15. As mentioned in Iggerot Moshe, Vol. III, Responsa 12, 21, and 22 (see also Be'ur Halachah 385), there are certain leniencies regarding the status of a person who publicly violates the Sabbath laws at present. Nevertheless, the overall attitude must still be one of stringency.
It must, however, be emphasized that the offspring of such Jews have a full portion in their Jewish heritage. Instead of shunning them, we must make every effort to draw them close to their spiritual roots. (See Hilchot Mamrim 3:3.)
|
| 55. |
Sefer HaKovetz and the Tzafenat Paneach state that, in contrast to a rental from a gentile, the rental fee must be equal at least to the value of a prutah. Nevertheless, the Rambam's wording does not indicate such a ruling.
|
| 56. |
At present, the eruvim established in most modern communities include many Jews whose conduct does not, as yet, reflect complete observance of the Sabbath laws. These eruvim are acceptable, because, as is explained at the conclusion of Chapter 5, they are established with the consent of the local government, which acts on behalf of all the inhabitants of the city and grants the Jewish community permission to establish an eruv.
|
| 57. |
See Hilchot Teshuvah 3:8 and the Rambam's Commentary on the Mishnah (Avot 1:3), which explain that Tzadok and Boethus were talented students of Antigonus of Socho. Disillusioned with their master's teachers, they started splinter groups with the intent of swaying the people from the observance of the mitzvot. When they saw the people's loyalty, they adopted a new tactic, claiming that only the Written Law was divine in origin; the Oral Law, they maintained, was a human invention.
|
---------------------
Hayom Yom:
• English Text | Video Class• Monday, Tevet 23, 5776 · 04 January 2016
"Today's Day"
Thursday Tevet 23 5703
Torah lessons: Chumash: Sh'mot, Chamishi with Rashi.
Tehillim: 108-112.
Tanya: However, the impression (p. 51)...Towards his brothers.
(Here appears an emendation to the text of Torah Or, relevant only in Hebrew. Translator).
Groaning by itself won't do a bit of good. A groan is only a key to open the heart and eyes, so as not to sit there with folded arms, but to plan orderly work and activity, each person wherever he can be effective, to campaign for bolstering Torah, spreading Torah and the observance of Mitzvot. One person might do this through his writing, another with his oratory, another with his wealth.----------------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• Monday, Tevet 23, 5776 · 04 January 2016
"Today's Day"
Thursday Tevet 23 5703
Torah lessons: Chumash: Sh'mot, Chamishi with Rashi.
Tehillim: 108-112.
Tanya: However, the impression (p. 51)...Towards his brothers.
(Here appears an emendation to the text of Torah Or, relevant only in Hebrew. Translator).
Groaning by itself won't do a bit of good. A groan is only a key to open the heart and eyes, so as not to sit there with folded arms, but to plan orderly work and activity, each person wherever he can be effective, to campaign for bolstering Torah, spreading Torah and the observance of Mitzvot. One person might do this through his writing, another with his oratory, another with his wealth.----------------------------• Daily Thought:
The Image
How you treat others is how G‑d treats you. How you forgive them is how He forgives you. How you measure them is how He measures you.
When you show empathy for the plight of another human being, G‑d takes empathy in your plight.
When others slight you and you ignore the call to vengeance that burns inside, G‑d erases all memory of your failures toward Him.
When you see the image of G‑d in another human being, then the image of G‑d becomes revealed within you.
---------------------
No comments:
Post a Comment