Saturday, January 9, 2016

CHABAD - TODAY IN JUDAISM: Today is: Shabbat, Tevet 28, 5776 · January 9, 2016

CHABAD - TODAY IN JUDAISM: Today is: Shabbat, Tevet 28, 5776 · January 9, 2016
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.
(ii) 14 These were the heads of their families: the sons of Re’uven the firstborn of Isra’el were Hanokh, Pallu, Hetzron and Karmi. These were the families of Re’uven.
15 The sons of Shim‘on were Y’mu’el, Yamin, Ohad, Yakhin, Tzochar and Sha’ul the son of a Kena‘ani woman. These were the families of Shim‘on.
16 These are the names of the sons of Levi with their descendants: Gershon, K’hat and M’rari. Levi lived to be 137 years old. 17 The sons of Gershon were Livni and Shim‘i, with their families. 18 The sons of K’hat were ‘Amram, Yitz’har, Hevron and ‘Uzi’el. K’hat lived to be 133 years old. 19 The sons of M’rari were Machli and Mushi. These were the families of Levi with their descendants.
20 ‘Amram married Yokheved his father’s sister, and she bore him Aharon and Moshe. ‘Amram lived to be 137 years old. 21 The sons of Yitz’har were Korach, Nefeg and Zikhri. 22 The sons of ‘Uzi’el were Misha’el, Eltzafan and Sitri. 23 Aharon married Elisheva daughter of ‘Amminadav and sister of Nachshon, and she bore him Nadav, Avihu, El‘azar and Itamar. 24 The sons of Korach were Asir, Elkanah and Avi’asaf. These were the Korchi families. 25 El‘azar the son of Aharon married one of the daughters of Puti’el, and she bore him Pinchas. These were the heads of the families of Levi, family by family.
26 These are the Aharon and Moshe to whom Adonai said, “Bring the people of Isra’el out of the land of Egypt, division by division,” 27 and who told Pharaoh king of Egypt, to let the people of Isra’el leave Egypt. These are the same Moshe and Aharon.
28 On the day when Adonai spoke to Moshe in the land of Egypt, (iii) 29 he said, “I am Adonai. Tell Pharaoh, king of Egypt, everything I say to you.”
30 Moshe answered Adonai, “Look, I’m such a poor speaker that Pharaoh won’t listen to me.”
7:1 But Adonai said to Moshe, “I have put you in the place of God to Pharaoh, and Aharon your brother will be your prophet. 2 You are to say everything I order you, and Aharon your brother is to speak to Pharaoh and tell him to let the people of Isra’el leave his land. 3 But I will make him hardhearted. Even though I will increase my signs and wonders in the land of Egypt, 4 Pharaoh will not listen to you. Then I will lay my hand on Egypt and bring my armies, my people the sons of Isra’el, out of the land of Egypt with great acts of judgment. 5 Then, when I stretch out my hand over Egypt and bring the people of Isra’el out from among them, the Egyptians will know that I am Adonai.”
6 Moshe and Aharon did exactly what Adonai ordered them to do. 7 Moshe was eighty years old and Aharon eighty-three when they spoke to Pharaoh.
(iv) 8 Adonai said to Moshe and Aharon, 9 “When Pharaoh says to you, ‘Perform a miracle,’ tell Aharon to take his staff and throw it down in front of Pharaoh, so that it can become a snake.” 10 Moshe and Aharon went in to Pharaoh and did this, as Adonai had ordered — Aharon threw down his staff in front of Pharaoh and his servants, and it turned into a snake. 11 But Pharaoh in turn called for the sages and sorcerers; and they too, the magicians of Egypt, did the same thing, making use of their secret arts. 12 Each one threw his staff down, and they turned into snakes. But Aharon’s staff swallowed up theirs. 13 Nevertheless, Pharaoh was made hardhearted; and he didn’t listen to them, as Adonai had said would happen.
14 Adonai said to Moshe, “Pharaoh is stubborn. He refuses to let the people go. 15 Go to Pharaoh in the morning when he goes out to the water. Stand on the riverbank to confront him, take in your hand the staff which was turned into a snake, 16 and say to him, ‘Adonai, the God of the Hebrews, sent me to you to say: “Let my people go, so that they can worship me in the desert.” But until now you haven’t listened; 17 so Adonai says, “This will let you know that I am Adonai”: I will take the staff in my hand and strike the water in the river, and it will be turned into blood. 18 The fish in the river will die, the river will stink and the Egyptians won’t want to drink water from the river.’”
19 Adonai said to Moshe, “Say to Aharon, ‘Take your staff, reach out your hand over the waters of Egypt, over their rivers, canals, ponds and all their reservoirs, so that they can turn into blood. There will be blood throughout the whole land of Egypt, even in the wooden buckets and stone jars.’” 20 Moshe and Aharon did exactly what Adonai had ordered. He raised the staff and, in the sight of Pharaoh and his servants, struck the water in the river; and all the water in the river was turned into blood. 21 The fish in the river died, and the river stank so badly that the Egyptians couldn’t drink its water. There was blood throughout all the land of Egypt.
22 But the magicians of Egypt did the same with their secret arts, so that Pharaoh was made hardhearted and didn’t listen to them, as Adonai had said would happen. 23 Pharaoh just turned and went back to his palace, without taking any of this to heart. 24 All the Egyptians dug around the river for water to drink, because they couldn’t drink the river water.
25 Seven days after Adonai had struck the river, 26 (8:1) Adonai said to Moshe, “Go in to Pharaoh and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 27 (8:2) If you refuse to let them go, I will strike all your territory with frogs. 28 (8:3) The river will swarm with frogs. They will go up, enter your palace and go into your bedroom, onto your bed. They will enter the houses of your servants and your people and go into your ovens and kneading bowls. 29 (8:4) The frogs will climb all over you, your people and your servants.”’”
8:1 (5) Adonai said to Moshe, “Say to Aharon, ‘Reach out your hand with your staff over the rivers, canals and ponds; and cause frogs to come up onto the land of Egypt.’” 2 (6) Aharon put out his hand over the waters of Egypt, and the frogs came up and covered the land of Egypt. 3 (7) But the magicians did the same with their secret arts and brought up frogs onto the land of Egypt.
4 (8) Then Pharaoh summoned Moshe and Aharon and said, “Intercede with Adonai to take the frogs away from me and my people, and I will let the people go and sacrifice to Adonai.” 5 (9) Moshe said to Pharaoh, “Not only that, but you can have the honor of naming the time when I will pray for you, your servants and your people to be rid of the frogs, both yourselves and your homes, and that they stay only in the river.” 6 (10) He answered, “Tomorrow.” Moshe said, “It will be as you have said, and from this you will learn that Adonai our God has no equal. (v) 7 (11) The frogs will leave you and your homes, also your servants and your people; they will stay in the river only.” 8 (12) Moshe and Aharon left Pharaoh’s presence, and Moshe cried to Adonai about the frogs he had brought on Pharaoh. 9 (13) Adonai did as Moshe had asked — the frogs died in the houses, courtyards and fields; 10 (14) they gathered them in heaps till the land stank. 11 (15) But when Pharaoh saw that he had been given some relief, he made himself hardhearted and would not listen to them, just as Adonai had said would happen.
12 (16) Adonai said to Moshe, “Say to Aharon: ‘Reach out with your staff and strike the dust on the ground; it will become lice throughout all the land of Egypt.’” 13 (17) They did it — Aharon reached out his hand with his staff and struck the dust on the ground, and there were lice on people and animals; all the dust on the ground became lice throughout the whole land of Egypt. 14 (18) The magicians tried with their secret arts to produce lice, but they couldn’t. There were lice on people and animals. 15 (19) Then the magicians said to Pharaoh, “This is the finger of God.” But Pharaoh was made hardhearted, so that he didn’t listen to them, just as Adonai had said would happen.
16 (20) Adonai said to Moshe, “Get up early in the morning, stand before Pharaoh when he goes out to the water and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 17 (21) Otherwise, if you won’t let my people go, I will send swarms of insects on you, your servants and your people, and into your houses. The houses of the Egyptians will be full of swarms of insects, and likewise the ground they stand on. 18 (22) But I will set apart the land of Goshen, where my people live — no swarms of insects will be there — so that you can realize that I am Adonai, right here in the land. (vi) 19 (23) Yes, I will distinguish between my people and your people, and this sign will happen by tomorrow.”’” 20 (24) Adonai did it: terrible swarms of insects went into Pharaoh’s palace and into all his servants’ houses — the insects ruined the entire land of Egypt.
21 (25) Pharaoh summoned Moshe and Aharon and said, “Go, and sacrifice to your God here in the land.” 22 (26) But Moshe replied, “It would be inappropriate for us to do that, because the animal we sacrifice to Adonai our God is an abomination to the Egyptians. Won’t the Egyptians stone us to death if before their very eyes we sacrifice what they consider an abomination? 23 (27) No, we will go three days’ journey into the desert and sacrifice to Adonai our God, as he has ordered us to do.” 24 (28) Pharaoh said, “I will let you go, so that you can sacrifice to Adonai your God in the desert. Only you are not to go very far away. Intercede on my behalf.” 25 (29) Moshe said, “All right, I am going away from you, and I will intercede with Adonai; so that tomorrow, the swarms of insects will leave Pharaoh, his servants and his people. Just make sure that Pharaoh stops playing games with the people by preventing them from going and sacrificing to Adonai.”
26 (30) Moshe left Pharaoh and interceded with Adonai, 27 (31) and Adonai did what Moshe had asked: he removed the swarms of insects from Pharaoh, his servants and his people — not one remained. 28 (32) But this time, too, Pharaoh made himself stubborn and didn’t let the people go.
9:1 Then Adonai said to Moshe, “Go to Pharaoh, and tell him, ‘Here is what Adonai, the God of the Hebrews, says: “Let my people go, so that they can worship me. 2 If you refuse to let them go and persist in holding on to them, 3 the hand of Adonai is on your livestock in the field — on the horses, donkeys, camels, cattle and flocks — and will make them suffer a devastating illness. 4 But Adonai will distinguish between Egypt’s and Isra’el’s livestock — nothing belonging to the people of Isra’el will die.”’” 5 Adonai determined the exact time by saying, “Tomorrow Adonai will do this in the land.” 6 The following day, Adonai did it — all the livestock of Egypt died; but not one of the animals belonging to the people of Isra’el died. 7 Pharaoh investigated and found that not even one of the animals of the people of Isra’el had died. Nevertheless, Pharaoh’s heart remained stubborn, and he didn’t let the people go.
8 Adonai said to Moshe and Aharon, “Take handfuls of ashes from a kiln, and let Moshe throw them in the air before Pharaoh’s eyes. 9 They will turn into fine dust over all the land of Egypt and become infected sores on men and animals throughout Egypt.” 10 So they took ashes from a kiln, stood in front of Pharaoh and threw them in the air; and they became infected sores on men and animals. 11 The magicians couldn’t even stand in Moshe’s presence because of the sores, which were on them as well as on the other Egyptians. 12 But Adonai made Pharaoh hardhearted, so that he didn’t listen to them — just as Adonai had said to Moshe.
13 Adonai said to Moshe, “Get up early in the morning, stand before Pharaoh, and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 14 For this time, I will inflict my plagues on you, yourself, and on your officials and your people; so that you will realize that I am without equal in all the earth. 15 By now I could have stretched out my hand and struck you and your people with such severe plagues that you would have been wiped off the earth. 16 But it is for this very reason that I have kept you alive — to show you my power, and so that my name may resound throughout the whole earth. (vii) 17 Since you are still setting yourself up against my people and not letting them go, 18 tomorrow, about this time, I will cause a hailstorm so heavy that Egypt has had nothing like it from the day it was founded until now. 19 Therefore, send and hurry to bring indoors all your livestock and everything else you have in the field. For hail will fall on every human being and animal left in the field that hasn’t been brought home, and they will die.”’”
20 Whoever among Pharaoh’s servants feared what Adonai had said had his slaves and livestock escape into the houses; 21 but those who had no regard for what Adonai had said left their slaves and livestock in the field.
22 Adonai said to Moshe, “Reach out your hand toward the sky, so that there will be hail in all the land of Egypt, falling on people, animals and everything growing in the field, throughout the land of Egypt.” 23 Moshe reached out with his staff toward the sky, and Adonai sent thunder and hail, and fire ran down to the earth. Adonai caused it to hail on the land of Egypt — 24 it hailed, and fire flashed up with the hail; it was terrible, worse than any hailstorm in all of Egypt since it became a nation. 25 Throughout all the land of Egypt, the hail struck everything in the field, people and animals; and the hail struck every plant growing in the field and broke every tree there. 26 But in the land of Goshen, where the people of Isra’el were, there was no hail.
27 Pharaoh summoned Moshe and Aharon and said to them, “This time I have sinned: Adonai is in the right; I and my people are in the wrong. 28 Intercede with Adonai — we can’t take any more of this terrible thunder and hail; and I will let you go, you will stay no longer.” 29 Moshe said to him, “As soon as I have gone out of the city, I will spread out my hands to Adonai; the thunder will end, and there won’t be any more hail — so that you can know that the earth belongs to Adonai. 30 But you and your servants, I know you still won’t fear Adonai, God.” 31 The flax and barley were ruined, because the barley was ripe and the flax in bud. 32 But the wheat and buckwheat were not ruined, because they come up later. (Maftir) 33 Moshe went out of the city, away from Pharaoh, and spread out his hands to Adonai. The thunder and hail ended, and the rain stopped pouring down on the earth. 34 When Pharaoh saw that the rain, hail and thunder had ended, he sinned still more by making himself hardhearted, he and his servants. 35 Pharaoh was made hardhearted, and he didn’t let the people of Isra’el go, just as Adonai had said through Moshe.
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Haftarah: (Ezekiel 28:
25 “Adonai Elohim says, ‘Once I have gathered the house of Isra’el from the peoples among whom they are scattered, once I have shown my holiness in them as the Goyim watch, then they will live in their own land, which I gave to my servant Ya‘akov. 26 They will have security when they live there, building houses and planting vineyards; yes, they will live in safety, once I have executed judgments against all their contemptuous neighbors. Then they will know that I am Adonai their God.’”
29:1 On the twelfth day of the tenth month of the tenth year, the word of Adonai came to me: 2 “Human being, turn your face against Pharaoh king of Egypt; prophesy against him and against all Egypt; 3 speak out; and say that Adonai Elohim says:
‘I am against you,
Pharaoh king of Egypt,
you big crocodile
lying in the streams of the Nile!
You say, “My Nile is mine;
I made it for myself.”
4 But I will put hooks in your jaws
and make your Nile fish stick to your scales.
Yes, I will bring you up from your Nile,
with all your Nile fish sticking to your scales,
5 and leave you in the desert,
you and all your Nile fish.
You will fall in the open field
and not be gathered or buried;
but I will give you as food
to wild animals and birds.
6 Then all who live in Egypt
will know that I am Adonai,
because they have been a support made of straw
for the house of Isra’el.
7 When they grasped you in hand, you splintered
and threw all their shoulders out of joint;
when they leaned on you, you broke
and made them all wrench their backs.’
8 “Therefore Adonai Elohim says, ‘I will bring the sword against you and eliminate both your people and your animals. 9 The land of Egypt will become a desolate waste, and they will know that I am Adonai; because he said, “The Nile is mine; I made it.” 10 So I am against you and your Nile; and I will make the land of Egypt a totally desolate waste from Migdol to S’venah, all the way to the border of Ethiopia. 11 No human foot will pass through it, and no animal foot will pass through it; it will be uninhabited for forty years. 12 Yes, I will make the land of Egypt desolate, even when compared with other desolate countries, likewise her cities in comparison with other ruined cities; they will be desolate forty years. I will scatter the Egyptians among the nations and disperse them through the countries.’
13 “For this is what Adonai Elohim says: ‘At the end of forty years I will gather the Egyptians from the peoples where they were scattered — 14 I will restore the fortunes of Egypt and cause them to return to the land of their origin, Patros. But there they will be a humble kingdom, 15 the humblest of kingdoms. It will never again dominate other nations; I will reduce them, so that they never again rule other nations. 16 Moreover, they will no longer be a source of confidence for Isra’el to turn to; rather, it will only bring to mind their guilt in having turned to them before. Then they will know that I am Adonai Elohim.’”
17 On the first day of the first month of the twenty-seventh year, the word of Adonai came to me: 18 “Human being, N’vukhadretzar king of Bavel had his army mount a massive expedition against Tzor; [the loads of dirt they carried] made every head bald and every shoulder raw; yet neither he nor his army derived any benefit from Tzor out of this expedition against it. 19 Therefore Adonai Elohim says, ‘I will give the land of Egypt to N’vukhadretzar king of Bavel. He will carry off its riches, take its spoil and its prey; and these will be the wages for his army. 20 I am giving him the land of Egypt as his wages for which he worked, because they were working for me,’ says Adonai Elohim. 21 ‘When that day comes I will cause power to return to the house of Isra’el, and I will enable you [Yechezk’el] to open your mouth among them. Then they will know that I am Adonai.’”
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Today's Laws & Customs:
• Blessing the New Month
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Shevat, which falls on Monday of next week.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon.Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms); The Farbrengen
Today in Jewish History:
• Birthday and Passing of Shimon (1567-1447 BCE)
According to sources cited in Seder Hadorot, Tevet 28 is both the birthday and the day of passing of Shimon the son of Jacob; other sources place the date as Tevet 21. (See the entry for Tevet 21).
• Sadducees ejected from Sanhedrin (81 BCE)
Shimon ben Shetach successfully completed the expulsion of the Sadducees (a sect which denied the Oral Torah and the authority of the Sages) who had dominated the Sanhedrin (Supreme Court), replacing them with his Torah-loyal Pharisaic disciples, on the 28th of Tevet of the year 3680 from creation (81 BCE).
• Rebbetzin Chana Born (1879)
Rebbetzin Chana Schneerson (1879 (O.S.) - 1964), mother of the Lubavitcher Rebbe, was born on Tevet 28.
Link: A biography of Rebbetzin Chana
Daily Study:
Chitas and Rambam for today:
Chumash: Va'eira, 7th Portion Exodus 9:17-9:35 with Rashi
English / Hebrew Linear Translation | Video Class
• Exodus Chapter 9
17If you still tread upon My people, not letting them out, יזעֽוֹדְךָ֖ מִסְתּוֹלֵ֣ל בְּעַמִּ֑י לְבִלְתִּ֖י שַׁלְּחָֽם:
If you still tread upon My people: Heb. מִסְתּוֹלֵל, as the Targum [Onkelos] renders: כְּבִישַׁתבֵּיהּ בְּעַמִי. This is an expression of a highway (מְסִלָה) (Num. 20:19), rendered by the Targum אֹרַח כְּבִישָׁא, a trodden road, and in Old French, calcher, to trample underfoot. I already explained at the end of [the section entitled] וַיְהִי מִקֵץ (Gen. 44:16) that in every word of which the first root letter is “sammech,” when used in the “hithpa’el” form, the “tav” of the prefix is placed in the middle of the root letters, such as here, and such as “and the grasshopper will drag itself along (וְיִסְךְתַּבֵל) ” (Eccl. 12:5)from the root סבל “that you rule (תִשְךְתָּרֵר) over us” (Num. 16:13), an expression of a prince (שַֹר) and a ruler; “I looked (מִסְךְתַּכַּל)” (Dan. 7:8). [Actually, the word is מִשְֹתַּכַּל, but the same rule applies for a “sin” as for a “sammech.”] עודך מסתולל בעמי: כתרגומו כבישת ביה בעמי, והוא מגזרת (ישעיהו יא טז) מסלה, דמתרגמינן אורח כבישא, ובלעז קלקיי"ר [לכבוש]. וכבר פירשתי בסוף ויהי מקץ כל תיבה שתחלת יסודה סמ"ך והיא באה לדבר בלשון מתפעל, נותן התי"ו של שמוש באמצע אותיות של עיקר, כגון זו וכגון (קהלת יב ה) ויסתבל החגב, מגזרת סבל, (במדבר טז יג) כי תשתרר עלינו, מגזרת שר ונגיד, (דניאל ז ח) משתכל הוית:
18behold, I am going to rain down at this time tomorrow a very heavy hail, the likes of which has never been in Egypt from the day of its being founded until now. יחהִנְנִ֤י מַמְטִיר֙ כָּעֵ֣ת מָחָ֔ר בָּרָ֖ד כָּבֵ֣ד מְאֹ֑ד אֲשֶׁ֨ר לֹֽא־הָיָ֤ה כָמֹ֨הוּ֙ בְּמִצְרַ֔יִם לְמִן־הַיּ֥וֹם הִוָּֽסְדָ֖ה וְעַד־עָֽתָּה:
at this time tomorrow: [Heb. כָּעֵתמָחָר lit., at the time tomorrow, meaning] at this time tomorrow. He made a scratch on the wall [to demonstrate that] “Tomorrow, when the sun reaches here, the hail will come down.” -[from Tanchuma, Va’era 16] כעת מחר: כעת הזאת למחר, שרט לו שריטה בכותל למחר כשתגיע חמה לכאן ירד הברד:
its being founded: Heb. הִוָּסְדָה, when it was founded (נִסְיַסְּדָה). Every word whose first root letter is “yud,” like יסד to found, ילד, to bear, ידע, to know, [and] יסר, to chastise, when it is used in the passive voice, a “vav” replaces the yud, like “its being founded הִוָסְדָה ” ; “she was born (הִוָלְדָה) ” (Hos. 2:5); “And… became known (וַיִוָדַע) ” (Esther 2: 22); “And to Joseph were born (וַיִוָלֵד) ” (Gen. 46:20); “A slave cannot be chastised ((יִוָּסֶר with words” (Prov. 29: 19). הוסדה: שנתיסדה וכל תיבה שתחלת יסודה יו"ד כגון יסד, ילד, ידע, יסר, כשהיא מתפעלת תבא הוי"ו במקום היו"ד, כמו הוסדה (הושע ב ה) הולדה (אסתר ב כה) ויודע (בראשית מו כ) ויולד ליוסף, בדברים לא יוסר עבד (משלי כט יט):
19And now, send, gather in your livestock and all that you have in the field, any man or beast that is found in the field and not brought into the house the hail shall fall on them, and they will die." ' " יטוְעַתָּ֗ה שְׁלַ֤ח הָעֵז֙ אֶת־מִקְנְךָ֔ וְאֵ֛ת כָּל־אֲשֶׁ֥ר לְךָ֖ בַּשָּׂדֶ֑ה כָּל־הָֽאָדָ֨ם וְהַבְּהֵמָ֜ה אֲשֶׁר־יִמָּצֵ֣א בַשָּׂדֶ֗ה וְלֹ֤א יֵֽאָסֵף֙ הַבַּ֔יְתָה וְיָרַ֧ד עֲלֵהֶ֛ם הַבָּרָ֖ד וָמֵֽתוּ:
send, gather in: Heb. הָעֵז, as the Targum [Onkelos] renders: שְׁלַח כְּנוֹֹש send, gather in. Likewise, “the inhabitants gathered הֵעִיזוּ ” (Isa. 10:31); “Gather (הָעִזוּ) the sons of Benjamin” (Jer. 6:1). שלח העז: כתרגומו שלח כנוש. וכן (ישעיהו י לא) יושבי הגבים העיזו, (ירמיהו ו א) העיזו בני בנימן:
and not brought into the house: Heb. יֵאָסֵף, an expression of bringing in. ולא יאסף הביתה: לשון הכנסה הוא:
20He who feared the word of the Lord of Pharaoh's servants drove his servants and his livestock into the houses. כהַיָּרֵא֙ אֶת־דְּבַ֣ר יְהֹוָ֔ה מֵֽעַבְדֵ֖י פַּרְעֹ֑ה הֵנִ֛יס אֶת־עֲבָדָ֥יו וְאֶת־מִקְנֵ֖הוּ אֶל־הַבָּתִּֽים:
drove: Heb. הֵנִיס, caused to flee, an expression derived from “and fled (וַיָנָס) ” (Exod. 4:3). הניס: הבריח לשון (שמות ד ג) וינס משה:
21But he who did not pay attention to the word of the Lord left his servants and his livestock in the field. כאוַֽאֲשֶׁ֥ר לֹא־שָׂ֛ם לִבּ֖וֹ אֶל־דְּבַ֣ר יְהֹוָ֑ה וַיַּֽעֲזֹ֛ב אֶת־עֲבָדָ֥יו וְאֶת־מִקְנֵ֖הוּ בַּשָּׂדֶֽה:
22The Lord said to Moses, "Stretch forth your hand heavenward, and hail will be upon the entire land of Egypt, upon man and upon beast and upon all the vegetation of the field in the land of Egypt." כבוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־משֶׁ֗ה נְטֵ֤ה אֶת־יָֽדְךָ֙ עַל־הַשָּׁמַ֔יִם וִיהִ֥י בָרָ֖ד בְּכָל־אֶ֣רֶץ מִצְרָ֑יִם עַל־הָֽאָדָ֣ם וְעַל־הַבְּהֵמָ֗ה וְעַ֛ל כָּל־עֵ֥שֶׂב הַשָּׂדֶ֖ה בְּאֶ֥רֶץ מִצְרָֽיִם:
heavenward: Heb. עַל-הַֹשָמַיִם, lit., over the heavens. Toward the heavens. According to the Midrash Aggadah (Tanchuma, Va’era 15), however, [it means that] the Holy One, blessed be He, raised Moses above the heavens. על השמים: לצד השמים, ומדרש אגדה הגביהו הקב"ה למשה למעלה מן השמים:
23So Moses stretched forth his staff heavenward, and the Lord gave forth thunder and hail, and fire came down to the earth, and the Lord rained down hail upon the land of Egypt. כגוַיֵּ֨ט משֶׁ֣ה אֶת־מַטֵּ֘הוּ֘ עַל־הַשָּׁמַ֒יִם֒ וַֽיהֹוָ֗ה נָתַ֤ן קֹלֹת֙ וּבָרָ֔ד וַתִּֽהֲלַךְ־אֵ֖שׁ אָ֑רְצָה וַיַּמְטֵ֧ר יְהֹוָ֛ה בָּרָ֖ד עַל־אֶ֥רֶץ מִצְרָֽיִם:
24And there was hail, and fire flaming within the hail, very heavy, the likes of which had never been throughout the entire land of Egypt since it had become a nation. כדוַיְהִ֣י בָרָ֔ד וְאֵ֕שׁ מִתְלַקַּ֖חַת בְּת֣וֹךְ הַבָּרָ֑ד כָּבֵ֣ד מְאֹ֔ד אֲ֠שֶׁ֠ר לֹֽא־הָיָ֤ה כָמֹ֨הוּ֙ בְּכָל־אֶ֣רֶץ מִצְרַ֔יִם מֵאָ֖ז הָֽיְתָ֥ה לְגֽוֹי:
flaming within the hail: [This was] a miracle within a miracle. The fire and hail intermingled. Although hail is water, to perform the will of their Maker they made peace between themselves [that the hail did not extinguish the fire nor did the fire melt the hail]. — [from Tanchuma, Va’era 14] מתלקחת בתוך הברד: נס בתוך נס, האש והברד מעורבין, והברד מים הוא, ולעשות רצון קונם עשו שלום ביניהם:
25The hail struck throughout the entire land of Egypt, all that was in the field, both man and beast, and the hail struck all the vegetation of the field, and it broke all the trees of the field. כהוַיַּ֨ךְ הַבָּרָ֜ד בְּכָל־אֶ֣רֶץ מִצְרַ֗יִם אֵ֚ת כָּל־אֲשֶׁ֣ר בַּשָּׂדֶ֔ה מֵֽאָדָ֖ם וְעַד־בְּהֵמָ֑ה וְאֵ֨ת כָּל־עֵ֤שֶׂב הַשָּׂדֶה֙ הִכָּ֣ה הַבָּרָ֔ד וְאֶת־כָּל־עֵ֥ץ הַשָּׂדֶ֖ה שִׁבֵּֽר:
26Only in the land of Goshen, where the children of Israel were, there was no hail. כורַ֚ק בְּאֶ֣רֶץ גּ֔שֶׁן אֲשֶׁר־שָׁ֖ם בְּנֵ֣י יִשְׂרָאֵ֑ל לֹ֥א הָיָ֖ה בָּרָֽד:
27So Pharaoh sent and summoned Moses and Aaron and said to them, "I have sinned this time. The Lord is the righteous One, and I and my people are the guilty ones. כזוַיִּשְׁלַ֣ח פַּרְעֹ֗ה וַיִּקְרָא֙ לְמשֶׁ֣ה וּלְאַֽהֲרֹ֔ן וַיֹּ֥אמֶר אֲלֵהֶ֖ם חָטָ֣אתִי הַפָּ֑עַם יְהֹוָה֙ הַצַּדִּ֔יק וַֽאֲנִ֥י וְעַמִּ֖י הָֽרְשָׁעִֽים:
28Entreat the Lord, and let it be enough of God's thunder and hail, and I will let you go, and you shall not continue to stand." כחהַעְתִּ֨ירוּ֙ אֶל־יְהֹוָ֔ה וְרַ֕ב מִֽהְיֹ֛ת קֹלֹ֥ת אֱלֹהִ֖ים וּבָרָ֑ד וַֽאֲשַׁלְּחָ֣ה אֶתְכֶ֔ם וְלֹ֥א תֹֽסִפ֖וּן לַֽעֲמֹֽד:
and let it be enough: It is enough for Him what He has already brought down. — [after Jonathan ben Uzziel] ורב: די לו במה שהוריד כבר:
29And Moses said to him, "When I leave the city, I will spread my hands to the Lord. The thunder will cease, and there will be no more hail, in order that you know that the land is the Lord's. כטוַיֹּ֤אמֶר אֵלָיו֙ משֶׁ֔ה כְּצֵאתִי֙ אֶת־הָעִ֔יר אֶפְרֹ֥שׂ אֶת־כַּפַּ֖י אֶל־יְהֹוָ֑ה הַקֹּל֣וֹת יֶחְדָּל֗וּן וְהַבָּרָד֙ לֹ֣א יִֽהְיֶה־ע֔וֹד לְמַ֣עַן תֵּדַ֔ע כִּ֥י לַֽיהֹוָ֖ה הָאָֽרֶץ:
When I leave the city: Heb. כְּצֵאתִי אֶת-הָעִיר, [equivalent to] מִן-הָעִיר, [lit., when I go out] from the city, but within the city he did not pray, because it was full of idols. — [from Exod. Rabbah 12:5] כצאתי את העיר: מן העיר, אבל בתוך העיר לא התפלל, לפי שהיתה מלאה גלולים:
30But you and your servants I know that you still do not fear the Lord God, לוְאַתָּ֖ה וַֽעֲבָדֶ֑יךָ יָדַ֕עְתִּי כִּ֚י טֶ֣רֶם תִּֽירְא֔וּן מִפְּנֵ֖י יְהֹוָ֥ה אֱלֹהִֽים:
you still do not fear: Heb. טֶרֶם ךְתִּירְאוּן, you do not yet fear, and so every [instance of] טֶרֶם in the Scriptures means “not yet,” and it is not a term meaning “before.” [This is] like טֶרֶם יִֹשְכָּבוּ, [which Onkelos renders:] עַד לֹא שְׁכִיבוּ, “They had not yet retired” (Gen. 19:4); טֶרֶם יִצְמָח, [which Onkelos renders:] עַד לֹא צְמָח, “neither did…yet grow” (Gen. 2:5). This too means the same. [I.e.,] I know that you still do not fear [God], and as soon as relief comes, you will continue in your corruption. — [from Onkelos] טרם תיראון: עדין לא תיראון. וכן כל טרם שבמקרא עדיין לא הוא, ואינו לשון קודם, כמו (בראשית יט ד) טרם ישכבו, עד לא שכיבו (שם ב ה) טרם יצמח, עד לא צמח, אף זה כן הוא ידעתי כי עדיין אינכם יראים ומשתהיה הרוחה תעמדו בקלקולכם:
31though the flax and the barley have been broken, for the barley is in the ear, and the flax is in the stalk. לאוְהַפִּשְׁתָּ֥ה וְהַשְּׂעֹרָ֖ה נֻכָּ֑תָה כִּ֤י הַשְּׂעֹרָה֙ אָבִ֔יב וְהַפִּשְׁתָּ֖ה גִּבְעֹֽל:
though the flax and the barley have been broken: Heb. נֻכָּתָה, has been broken, an expression similar to “Pharaoh-Neco (פַּרְעֹה נְכֹה) ” [the lame Pharaoh] (II Kings 23: 29); “broken-hearted (נְכָאִים) ” (Isa. 16:7); and likewise, “have not been broken (נֵכּוּ)” (below, verse 32). It is incorrect to interpret it as an expression of smiting (הַכָּאָה), because a “nun” does not come in place of a “hey,” that נֻכָּתָה should be explained like הֻכָּתָה, smitten, and נֻכּוּ like הֻכּוּ, smitten. The “nun” is, however, a root letter in the word, and it is of the same form as “and his bones are dislocated (ֹשֻפּוּ) ” (Job 33:21). והפשתה והשערה נכתה: נשברה לשון (מלכים ב כג כט) פרעה נכה, (ישעיהו טז ז) נכאים, וכן (פסוק לב) לא נכו. ולא יתכן לפרשו לשון הכאה, שאין נו"ן במקום ה"א לפרש נכתה כמו הוכתה, נכו כמו הכו, אלא הנו"ן שורש בתיבה והרי הוא מגזרת (איוב לג כא) ושפו עצמותיו:
for the barley is in the ear: It has already ripened and is standing in its stalks, and they have been broken and have fallen. Likewise, the flax has already grown and has become hardened [enough] to stand in its stalks. כי השערה אביב: כבר ביכרה ועומדת בקשיה ונשתברו ונפלו. וכן הפשתה גדלה כבר והוקשה לעמוד בגבעוליה:
the barley is in the ear: Heb. אָבִיב, it has stood in its stalks, an expression like “the green plants of (בְּאִבֵּי) the valley ” (Song of Songs 6:11). השעורה אביב: עמדה באביה, לשון (שיר השירים ו יא) באבי הנחל:
32The wheat and the spelt, however, have not been broken because they ripen late." לבוְהַֽחִטָּ֥ה וְהַכֻּסֶּ֖מֶת לֹ֣א נֻכּ֑וּ כִּ֥י אֲפִילֹ֖ת הֵֽנָּה:
because they ripen late: Heb. אִפִילֹת, late, and they were still tender and were able to withstand the hard [hail]. Although it says: “and the hail struck all the vegetation of the field” (verse 25), the simple meaning of the verse may be explained as referring to the herbs that were standing in their stalks, which could be smitten by the hail. In the Midrash of Rabbi Tanchuma (Va’era 16), some of our Rabbis differed with this and interpreted כִּי אִפִילֹת to mean that “wonders of wonders (פִּלְאֵי פְלָאוֹת) ” were wrought for them, that they were not smitten. כי אפילת הנה: מאוחרות, ועדיין היו רכות ויכולות לעמוד בפני קשה. ואף על פי שנאמר (פסוק כה) ואת כל עשב השדה הכה הברד יש לפרש פשוטו של מקרא בעשבים העומדים בקלחם הראויים ללקות בברד. ובמדרש רבי תנחומא יש מרבותינו שנחלקו על זאת ודרשו כי אפילות פלאי פלאות נעשו להם, שלא לקו:
33Moses went away from Pharaoh, out of the city, and he spread out his hands to the Lord, and the thunder and the hail ceased, and rain did not come down to earth. לגוַיֵּצֵ֨א משֶׁ֜ה מֵעִ֤ם פַּרְעֹה֙ אֶת־הָעִ֔יר וַיִּפְרֹ֥שׂ כַּפָּ֖יו אֶל־יְהֹוָ֑ה וַיַּחְדְּל֤וּ הַקֹּלוֹת֙ וְהַבָּרָ֔ד וּמָטָ֖ר לֹֽא־נִתַּ֥ךְ אָֽרְצָה:
did not come down: Heb. לֹא נִךְתַּ, did not reach. Even those [hailstones] that were in the air did not reach the ground. Similarly: וַךְתִּךְתַּ עָלֵינוּ, “the curse and the oath” of Ezra (sic) (Dan. 9:11), [which means they] have befallen us. Menachem (Machbereth Menachem, p. 184), however, classified it (נִךְתַּ) in the group headed by “As silver is melted (כְּהִךְתּוּ) ” (Ezek. 22:22), an expression of pouring [molten] metal, and I approve of his words, as the Targum renders וַיִצֹק (Exod. 38:5) as וְאַךְתִּי, “And he cast,” [and], לָדֶקֶת (Exod. 38:27) as לְאַךְתָּכָא, “to cast.” This too, לֹא נִךְתַּ אָרְצָה, means: was not poured to earth. לא נתך: לא הגיע, ואף אותן שהיו באויר לא הגיעו לארץ, ודומה לו (דניאל ט יא) ותתך עלינו האלה והשבועה, דעזרא, ותגיע עלינו. ומנחם בן סרוק חברו בחלק (יחזקאל כב כב) כהתוך כסף, לשון יציקת מתכת, ורואה אני את דבריו, כתרגומו ויצק (שמות לח ה) ואתיך, (שם כז) לצקת לאתכא, אף זה לא נתך לארץ לא הוצק לארץ:
34And Pharaoh saw that the rain, the hail, and the thunder had ceased; so he continued to sin, and he strengthened his heart, he and his servants. לדוַיַּ֣רְא פַּרְעֹ֗ה כִּֽי־חָדַ֨ל הַמָּטָ֧ר וְהַבָּרָ֛ד וְהַקֹּלֹ֖ת וַיֹּ֣סֶף לַֽחֲטֹ֑א וַיַּכְבֵּ֥ד לִבּ֖וֹ ה֥וּא וַֽעֲבָדָֽיו:
35And Pharaoh's heart was hardened, and he did not let the children of Israel go out, as the Lord had spoken through the hand of Moses. להוַיֶּֽחֱזַק֙ לֵ֣ב פַּרְעֹ֔ה וְלֹ֥א שִׁלַּ֖ח אֶת־בְּנֵ֣י יִשְׂרָאֵ֑ל כַּֽאֲשֶׁ֛ר דִּבֶּ֥ר יְהֹוָ֖ה בְּיַד־משֶֽׁה:
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Daily Tehillim: Chapters 135 - 139

Hebrew text
English text
• Chapter 135
1. Praise the Lord! Praise the Name of the Lord; offer praise, you servants of the Lord-
2. who stand in the House of the Lord, in the courtyards of the House of our God.
3. Praise the Lord, for the Lord is good; sing to His Name, for He is pleasant.
4. For God has chosen Jacob for Himself, Israel as His beloved treasure.
5. For I know that the Lord is great, our Master is greater than all supernal beings.
6. All that the Lord desired He has done, in the heavens and on earth, in the seas and the depths.
7. He causes mists to rise from the ends of the earth; He makes lightning for the rain; He brings forth the wind from His vaults.
8. It was He who struck down the firstborn of Egypt, of man and beast.
9. He sent signs and wonders into the midst of Egypt, on Pharaoh and on all his servants.
10. It was He who struck down many nations, and slew mighty kings:
11. Sichon, king of the Amorites; Og, king of Bashan; and all the kingdoms of Canaan.
12. And He gave their lands as a heritage, a heritage to His people Israel.
13. Lord, Your Name is forever; Lord, Your remembrance is throughout all generations.
14. Indeed, the Lord will judge on behalf of His people, and have compassion on His servants.
15. The idols of the nations are silver and gold, the product of human hands.
16. They have a mouth, but cannot speak; they have eyes, but cannot see;
17. they have ears, but cannot hear; nor is there breath in their mouth.
18. Like them will their makers become-all who trust in them.
19. House of Israel, bless the Lord; House of Aaron, bless the Lord;
20. House of Levi, bless the Lord; you who fear the Lord, bless the Lord.
21. Blessed is the Lord from Zion, who dwells in Jerusalem. Praise the Lord!
Chapter 136
This psalm contains twenty-six verses, corresponding to the twenty-six generations between the creation of the world and the giving of the Torah.
1. Praise the Lord for He is good, for His kindness is forever.
2. Praise the God of the supernal beings, for His kindness is forever.
3. Praise the Master of the heavenly hosts, for His kindness is forever.
4. Who alone performs great wonders, for His kindness is forever.
5. Who makes the heavens with understanding, for His kindness is forever.
6. Who spreads forth the earth above the waters, for His kindness is forever.
7. Who makes the great lights, for His kindness is forever.
8. The sun to rule by day, for His kindness is forever.
9. The moon and stars to rule by night, for His kindness is forever.
10. Who struck Egypt through its firstborn, for His kindness is forever.
11. And brought Israel out of their midst, for His kindness is forever.
12. With a strong hand and with an outstretched arm, for His kindness is forever.
13. Who split the Sea of Reeds into sections, for His kindness is forever.
14. And brought Israel across it, for His kindness is forever.
15. And cast Pharaoh and his army into the Sea of Reeds, for His kindness is forever.
16. Who led His people through the desert, for His kindness is forever;
17. Who struck down great kings, for His kindness is forever.
18. And slew mighty kings, for His kindness is forever.
19. Sichon, king of the Amorites, for His kindness is forever.
20. And Og, king of Bashan, for His kindness is forever.
21. And gave their land as a heritage, for His kindness is forever.
22. A heritage to Israel His servant, for His kindness is forever.
23. Who remembered us in our humiliation, for His kindness is forever.
24. And redeemed us from our oppressors, for His kindness is forever.
25. Who gives food to all flesh, for His kindness is forever.
26. Praise the God of heaven, for His kindness is forever.
Chapter 137
Referring to the time of the destruction of the Temple, this psalm tells of when Nebuchadnezzar would ask the Levites to sing in captivity as they had in the Temple, to which they would reply, "How can we sing the song of God upon alien soil?" They were then comforted by Divine inspiration.
1. By the rivers of Babylon, there we sat and wept as we remembered Zion.
2. There, upon the willows, we hung our harps.
3. For there our captors demanded of us songs, and those who scorned us-rejoicing, [saying,] "Sing to us of the songs of Zion.”
4. How can we sing the song of the Lord on alien soil?
5. If I forget you, Jerusalem, let my right hand forget [its dexterity].
6. Let my tongue cleave to my palate if I will not remember you, if I will not bring to mind Jerusalem during my greatest joy!
7. Remember, O Lord, against the Edomites the day of [the destruction of] Jerusalem, when they said, "Raze it, raze it to its very foundation!”
8. O Babylon, who is destined to be laid waste, happy is he who will repay you in retribution for what you have inflicted on us.
9. Happy is he who will seize and crush your infants against the rock!
Chapter 138
David offers awesome praises to God for His kindness to him, and for fulfilling His promise to grant him kingship.
1. By David. I will thank You with all my heart, in the presence of princes I shall praise You.
2. I will bow toward Your Holy Sanctuary, and praise Your Name for Your kindness and for Your truth; for You have exalted Your word above all Your Names.
3. On the day that I called out You answered me, You emboldened me, [You put] strength in my soul.
4. Lord, all the kings of the land will give thanks to You when they hear the words of Your mouth.
5. And they will sing of the Lord's ways, for the glory of the Lord is great.
6. For though the Lord is exalted, He sees the lowly; the High One castigates from afar.
7. If I walk in the midst of distress, keep me alive; against the wrath of my enemies stretch out Your hand, and let Your right hand deliver me.
8. Lord, complete [Your kindness] on my behalf. Lord, Your kindness is forever, do not forsake the work of Your hands.
Chapter 139
A most prominent psalm that guides man in the ways of God as no other in all of the five books of Tehillim. Fortunate is he who recites it daily.
1. For the Conductor, by David, a psalm. O Lord, You have probed me, and You know.
2. You know my sitting down and my standing up; You perceive my thought from afar.
3. You encircle my going about and my lying down; You are familiar with all my paths.
4. For there was not yet a word on my tongue-and behold, Lord, You knew it all.
5. You have besieged me front and back, You have laid Your hand upon me.
6. Knowledge [to escape You] is beyond me; it is exalted, I cannot know it.
7. Where can I go [to escape] Your spirit? And where can I flee from Your presence?
8. If I ascend to the heavens, You are there; if I make my bed in the grave, behold, You are there.
9. Were I to take up wings as the dawn and dwell in the furthest part of the sea,
10. there, too, Your hand would guide me; Your right hand would hold me.
11. Were I to say, "Surely the darkness will shadow me," then the night would be as light around me.
12. Even the darkness obscures nothing from You; and the night shines like the day-the darkness is as light.
13. For You created my mind; You covered me in my mother's womb.
14. I will thank You, for I was formed in an awesome and wondrous way; unfathomable are Your works, though my soul perceives much.
15. My essence was not hidden from You even while I was born in concealment, formed in the depths of the earth.
16. Your eyes beheld my raw form; all [happenings] are inscribed in Your book, even those to be formed in future days-to Him they are the same.
17. How precious are Your thoughts to me, O God! How overwhelming, [even] their beginnings!
18. Were I to count them, they would outnumber the sand, even if I were to remain awake and always with You.
19. O that You would slay the wicked, O God, and men of blood [to whom I say], "Depart from me!”
20. They exalt You for wicked schemes, Your enemies raise [You] for falsehood.
21. Indeed, I hate those who hate You, Lord; I contend with those who rise up against You.
22. I hate them with the utmost hatred; I regard them as my own enemies.
23. Search me, Lord, and know my heart; test me and know my thoughts.
24. See if there is a vexing way in me, then lead me in the way of the world.
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Tanya: Likutei Amarim, end of Chapter 14

Lessons in Tanya
• English Text
Hebrew Text
• Audio Class: Listen | Download
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• Shabbat, Tevet 28, 5776 · January 9, 2016
Today's Tanya Lesson
Likutei Amarim, end of Chapter 14
ובזה יובן כפל לשון השבועה: תהי צדיק ואל תהי רשע
Now we may understand the repetitious wording in the oath administered to every Jew before birth, “Be atzaddik and be not a rasha” (as quoted from the Talmud in the opening words of Tanya).
דלכאורה תמוה, כי מאחר שמשביעים אותו: תהי צדיק, למה צריכים להשביעו עוד שלא יהיה רשע
At first glance it seems unintelligible: once he is charged to “be a tzaddik,” implying clearly that he not be arasha, why the need to adjure him again not be a rasha?
אלא משום שאין כל אדם זוכה להיות צדיק, ואין לאדם משפט הבחירה בזה כל כך, להתענג על ה׳ באמת, ושיהיה הרע מאוס ממש באמת
The answer is that inasmuch as not everyone is privileged to become a tzaddik, nor has a person the full advantage of choice in this matter of experiencing true delight in G‑d and of actually and truly abhorring evil,
ולכן משביעים שנית: אל תהי רשע על כל פנים
[each person] is consequently adjured a second time: “You shall, at any rate, not be a rasha.”
Even if a person is not privileged to become a tzaddik he should at the very least not be a rasha, being instead a Beinoni.
שבזה משפט הבחירה והרשות נתונה לכל אדם
With regard to this (not being a rasha) the right of choice and freedom is extended to every man,
למשול ברוח תאותו שבלבו ולכבוש יצרו, שלא יהיה רשע אפילו שעה אחת כל ימיו
to control the spirit of lust in his heart and to conquer his nature, so that he shall not be wicked for even one moment throughout his life.
בין בבחינת סור מרע בין בבחינת ועשה טוב, ואין טוב אלא תורה
[This applies] both in the realm of “turning away from evil” — refraining from transgression, and in that of “doing good” — performing all the positive mitzvot in which he is obligated; and especially the mitzvah of Torah study, which is specifically termed “good”, as our Sages say,1 “There is no ‘good’ other than Torah,”
דהיינו תלמוד תורה שכנגד כולן
meaning the study of Torah, which “balances (i.e., is equal to) all [the other mitzvot combined].”
By reason of the freedom of choice granted him, one is expected to surmount even the difficulty of faithfully observing this most difficult mitzvah of Torah study.
For this reason the oath is administered a second time. Even if one does not have the opportunity to become a tzaddik, it is still possible for him — and therefore expected of him — not to be a rasha.
The Alter Rebbe now goes on to state that everyone should strive to emulate the tzaddik’s service of G‑d, although he may never actually reach the rank of tzaddik. Specifically, one should train oneself to loathe worldly pleasures; and, conversely, he should try to awaken in himself a delight in the love of G‑d, which is accomplished through reflecting deeply on His greatness. Thereby one fulfills the charge, “Be a tzaddik,” to the best of his ability.
אך אף על פי כן צריך לקבוע לו עתים גם כן לשית עצות בנפשו להיות מואס ברע
Nevertheless, though it has been said that not every person can loathe evil and attain the “love of delights” characteristic of a tzaddik — and we are dealing here with a Beinoni — yet one must also set aside specific periods to seek for himself means of abhorring evil —i.e., of loathing worldly pleasures.
כגון בעצת חכמינו ז״ל: אשה חמת מלאה צואה, וכהאי גוונא
For example, [following] the advice of our Sages on overcoming a lust for women, let one reflect on their words,“Woman is a vessel full of filth,” and the like.
וכן כל מיני מטעמים ומעדנים נעשים כך חמת מלא כו׳
So, too, one may learn to despise gluttony by reflecting that all dainties and delicacies similarly become “vessels full of waste.”
וכן כל תענוגי עולם הזה: החכם רואה הנולד מהן, שסופן לרקוב ולהיות רמה ואשפה
Likewise with regard to all the pleasures of this world: the wise man foresees what becomes of them; they ultimately rot and become worms and refuse.
In this way one cultivates an abhorrence of worldly pleasures.
וההפך, להתענג ולשמוח בה׳ על ידי התבוננות בגדולת אין סוף ברוך הוא כפי יכולתו
Conversely, one should train himself to delight and rejoice in G‑d, by reflecting, to the best of his ability, on the greatness of the blessed Ein Sof.
אף שיודע בנפשו שלא יגיע למדרגה זו באמת לאמיתו, כי אם בדמיונות
He may well know that he will not attain this degree of loathing evil and delighting in G‑dliness with the fullest measure of truth, but will only imagine it.
He will fancy that he truly abhors evil and delights in G‑dliness; why, then, should he exert himself merely to produce a fantasy (especially in the service of G‑d, where sincerity is essential)?
אף על פי כן הוא יעשה את שלו, לקיים את השבועה שמשביעים: תהי צדיק
Nevertheless, he should do his part to uphold the oath administered to him to “Be a tzaddik,”
וה׳ יעשה הטוב בעיניו
And G‑d will do as He sees fit — whether to grant him the level of tzaddik, or not.
ועוד
Furthermore, emulating the tzaddik in loathing evil and delighting in G‑d produces another benefit for the Beinoni:
שההרגל על כל דבר שלטון, ונעשה טבע שני
Habit reigns supreme in all matters; it becomes second nature.
וכשירגיל למאס את הרע, יהיה נמאס קצת באמת
Therefore, when one accustoms himself to loathe evil, he will begin to find it truly loathsome, to some extent.
וכשירגיל לשמח נפשו בה׳ על ידי התבוננות בגדולת ה׳
And when he accustoms himself to rejoice in G‑d through reflecting on His greatness,
הרי באתערותא דלתתא אתערותא דלעילא, וכולי האי ואולי יערה עליו רוח ממרום
then, [on the principle that] “an arousal of man below brings a corresponding arousal above,” perhaps after all this effort of his, “a spirit [Ruach] from above will descend upon him,”
ויזכה לבחינת רוח משרש איזה צדיק שתתעבר בו, לעבוד ה׳ בשמחה אמיתית
and it will be granted him that the [soul-level of] Ruach, originating in the soul of some tzaddik, will be “impregnated” in him, so that he may serve G‑d with joy.
Kabbalah speaks of the soul of a tzaddik “impregnating” another’s soul with its faculties so that the latter may serve G‑d as the tzaddik does. (This concept is somewhat akin to gilgul — transmigration — where a soul is attached to some object or animal, or another human being, except that in the case of gilgul the soul is chained to and dominated by the body to which it attaches, whereas in the case of “impregnation” it is not; the soul of the tzaddik serves merely as an additional spiritual charge for the soul of the recipient.)
In our context, the “impregnation” of the Beinoni’s soul with the (Ruach originating in) the tzaddik’s soul enables theBeinoni to experience a delight in G‑d that he could not attain on his own.
כדכתיב: שמחו צדיקים בה׳
Thus is it written,2 “Rejoice, O tzaddikim, in G‑d.”
This alludes also to the idea that when two types of tzaddikim are joined together (the verse addresses tzaddikim, in the plural form), when the Beinoni — called a “lower-level tzaddik” — is impregnated with the soul of a tzaddik — a “higher-level tzaddik” — they both rejoice in G‑d, for the tzaddik imparts his delight in G‑dliness to the Beinoni.3
ותתקיים בו באמת השבועה שמשביעים: תהי צדיק
In this way, the oath charging him to “be a tzaddik” will be truly fulfilled.
FOOTNOTES
1.Berachot 5a.
2.Tehillim 97:12.
3.Yet, as the Rebbe points out, his own soul is not transformed (to the rank of the tzaddik); it is merely activated by the soul of the tzaddik. Thus, this does not contradict the statement: “You have created tzaddikim,” as explained above at length.
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Rambam:

• Sefer Hamitzvos:
• English Text | Hebrew Text | Audio: Listen | Download | Video Class• Shabbat, Tevet 28, 5776 · January 9, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 162
Resting on Shavuot
"And you shall proclaim on this very day that it be a holy convocation"—Leviticus 23:21.
We are commanded to rest on Shavuot, the fiftieth day following the second day of Passover, by abstaining from any creative work, with the exception of work needed for food purposes.
Full text of this Mitzvah »
Resting on Shavuot
Positive Commandment 162
Translated by Berel Bell
The 162nd mitzvah is that we are commanded to refrain from doing melachah on Shavuos.1
The source of this commandment is G‑d's statement,2 "This very day shall be celebrate as a sacred holiday."
FOOTNOTES
1.Outside of Eretz Yisrael, this mitzvah is for two days. This applies for all other Yomim Tovim as well, except for Rosh HaShanah, which lasts two days even in Eretz Yisrael.
2.Lev. 23:21.
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Negative Commandment 325
Working on Shavuot
"You shall do no manner of servile work"—Leviticus 23:21.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on Shavuot, the fiftieth day following the second day of Passover.
Full text of this Mitzvah »
Working on Shavuot
Negative Commandment 325
Translated by Berel Bell
The 325th prohibition is that we are forbidden to perform melachah on Shavuos.
The source of this commandment is G‑d's statement, "No servile1 melachah may be done."
FOOTNOTES
1. This phrase, m'leches avodah, excludes those types of melachah involving food preparation. Nevertheless, there are many laws regarding the conditions necessary in order to be able to perform such a melachah. See the Shulchan Aruch for the relevant details.
     -----------------------------------------------------------
Positive Commandment 163
Resting on Rosh Hashanah
"In the seventh month, on the first day of that month, there shall be a day of rest for you"—Leviticus 23:24.
We are commanded to rest on the first of Tishrei, Rosh Hashanah, by abstaining from any creative work, with the exception of work needed for food purposes.
Full text of this Mitzvah »
Resting on Rosh Hashanah
Positive Commandment 163
Translated by Berel Bell
The 163rd mitzvah is that we are commanded to refrain from doing melachah on the first day1 of the month of Tishrei [i.e. Rosh HaShanah].
The source of this commandment is G‑d's statement,2 "The first day of the seventh month shall be for you Shabbason" [a day of rest.]
We have already explained3 the statement of our Sages, "The term Shabbason indicates a positive commandment."
FOOTNOTES
1.Outside of Israel, this mitzvah is for two days.
2.Lev. 23:24.
3.See P165, and footnote there.
     -------------------------------------------------------------
Negative Commandment 326
Working on Rosh Hashanah
"You shall do no servile work"—Leviticus 23:25.
It is forbidden to engage in creative work -- with the exception of work needed for food purposes -- on the first of Tishrei, Rosh Hashanah.
Full text of this Mitzvah »
Working on Rosh Hashanah
Negative Commandment 326
Translated by Berel Bell
The 326th prohibition is that we are forbidden to perform melachah on Rosh HaShanah.
The source of this commandment is G‑d's statement1, "No servile melachah may be done [on that day].
FOOTNOTES
1.Lev. 23:25.
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• 1 Chapter: Maaser Maaser - Chapter 1 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Maaser - Chapter 1
Halacha 1
After separating the great terumah,1 one should separate one tenth of the remaining produce2 and this is called the first tithe. Concerning it [Numbers 18:24] states: "For the tithes of the children of Israel that they will separate to God."3
These tithes are given to Levites, males and females, as [ibid.] states: "And I gave the Levites all of the tithes of the children of Israel as an inheritance."
Halacha 2
An Israelite is permitted to partake of the first tithe. And it may be eaten in a state of ritual impurity, because it is not holy.4 Whenever the term "holy" or "redemption" is used with regard to the tithes, the intent is the second tithe.5
What is the source from which we learn that the first tithe is ordinary produce? [Ibid.:27] states: "And your terumah will be considered for you as grain from your grainheap and the fullness of the vat." Just as a grainheap and a vat [contain] ordinary produce, so, too, once terumat ma'aser has been separated from the first tithe,6 it is ordinary produce in all regards. For this reason, when the daughter of a Levite has been taken captive7 or she engaged in forbidden relations, she can be given tithes and she may partake of it. When, however, there was a report that a woman's husband died or one witness testified that he died, she married8 and then her husband appeared, our Sages penalized her and ruled that she is forbidden to partake of the tithes.9
Halacha 3
The Levites and the priests should separate the first tithe so that they can separate terumat ma'aser from it.10 Similarly, the priests must separate other types of terumah11 and tithes12 for themselves.13Since the priests receive all types of agricultural gifts, is it possible for them to partake of the produce without these separations having been made? [Numbers 18:28] states: "And so shall you separate, also you...." "You" includes the Levites. "Also you" includes the priests.
Halacha 4
We do not expropriate the tithes from the priests, as [ibid.:26] states: "When you take from the children of Israel...."14 Similarly, none of the presents given to the priests must be given from one priest to another priest.15
Ezra penalized the Levites in his time16 because they did not ascend to Jerusalem with him17 and ordained that the first tithe should be given solely to the priests.
Halacha 5
When a person partakes of his produce while it is tevel18 or a Levite partakes of the tithes while they are tevel,19 although they are liable for death at the hand of Heaven,20 they are not liable to make reimbursement to the owners.21[This is derived from ibid.:24:] "...that they will separate to God." [Implied is that the recipients] do not have any share in them until they have been separated.
In the Diaspora,22 it is permitted for a person to continue eating and afterwards, separate terumah and the tithes.23
Halacha 6
We can separate tithes from produce in one place for produce in another place. They need not be grouped together.24 We do not, however, separate tithes from one species for another species,25 nor from produce for which we are obligated to separate tithes for produce from which we are exempt from separating, nor from produce for which we are exempt from separating tithes for produce from which such a separation is required.26 If one made a separation in any of the above instances, [the produce separated] is not considered as tithes.27
Halacha 7
Whenever we said with regard to terumah, that terumah may not be separated from one type of produce for another,28 tithes may not be separated from one such type of produce for another such type. And whenever we said that the separation of terumah from [one type of produce] is acceptable [after the fact],29 if one separated tithes from such produce, it is acceptable. Whenever produce is exempt from the obligation to have terumah separated,30 it is also exempt from the obligation to have tithes separated. All those individuals who may separate terumah may separate the tithes. And all those concerning whom it was said that they should not separate terumah, but if they did separate it, the separation is effective,31 so too, if they separate the tithes, the separation is effective. And whenever a person's separation of terumah is not effective,32 his separation of tithes is also not effective.
Halacha 8
When a person tells a colleague: "I will tithe through your agency," he does not have to stand with him to see whether he tithed or did not tithe.33 If [the agent] tells a colleague: "Tithe using me as an agent," he must stand with him.34
Halacha 9
The obligation to tithe carobs is only Rabbinic in origin,35 for they are not eaten by most people.36 Bitter almonds, whether large or small,37 are exempt, for they are not considered food.38
Halacha 10
A tree that is planted inside a house is exempt from the obligations of the tithes, as [indicated by Deuteronomy 14:22]: "You shall certainly tithe all the produce of your crops that grow in the field."39 It appears to me that tithes must be separated from this produce according to Rabbinic Law, for one is required to tithe the fruit of a fig tree that stands in a courtyard if it was harvested at one time.40
Halacha 11
When onions [stored in a home] grew roots next to each other, even if they grew roots in the earth of a loft, they are exempt from tithes.41 If a landslide covered them,42 and they are thus open [to the skies], it is as if they have been planted in the field and one is obligated to tithe them.
Halacha 12
[The following laws apply when someone is] protecting his field because of grapes43 and another person comes and collects the figs that remain in that field or he was guarding his field because of the zucchini and squash44 and another person came and gathered the grapes which were scattered in the field. When [it is known] that the owner of the field is concerned with the leftover produce, it is forbidden to take it; [doing so] is stealing.45 Hence, tithes and terumah must be separated from the crops. If the owner of the field is not concerned with it, it is permitted [to take it;46it is not] theft. Hence, they are exempt from the tithes.47
Halacha 13
Only the most choice produce should be separated as tithes,48 as [Numbers 18:30] states: "When you separate the choice portion from it, and it will be considered for the Levites49 as the produce of the grainheap and the produce of the vat." Just as the Levites must separate the choicest portions of the tithes, the Israelites who separate from the grainheap and the vat separate the choicest portions.
Halacha 14
We may not separate tithes by estimation.50 Instead, one must do so through measuring,51 weight, or number.52 One who is precise in the measurement is praiseworthy. When one gives an extra amount as the tithes, his tithes are flawed, because untithed produce is mixed with them.53 [The remainder of] his produce has, however, been made fit for use.
Halacha 15
When a person separates a portion of the tithes, they are not considered as tithes. Instead, it is as if someone divided the grainheap. He must, however, separate from the portion set aside the tithes that are appropriate for it.
What is implied? A person had 100 se'ah. He set aside five se'ah as the tithes. [These five se'ah] are not considered as tithes.54 He cannot separate tithes for [these five se'ah] from another source.55 Instead, he should separate half a se'ah from them. It is their tithes.
Halacha 16
When a person separates the [first] tithe, he should recite a blessing first, as one recites a blessing [before observing] any of the mitzvot.56 Similarly, he should recite a blessing [before separating] the second tithe, the tithe given to the poor, and the tithe of a tithe.57 He should recite a blessing for each one individually. If he made all the separations one directly after the other without speaking in between, he should include them all in one blessing, [praising God who commanded us] "to separate the terumot and the tithes."58
FOOTNOTES
1.
This is the preferable course of behavior. If, however, one separates the tithes before terumah, the separation is binding.
2.
Thus it is not a tenth of the entire crop.
3.
Sefer HaMitzvot (positive commandment 127) and Sefer HaChinuch (mitzvah 395) include this commandment among the 613 mitzvot of the Torah.
4.
I.e., unlike terumah where these restrictions apply.
5.
Which must be eaten in Jerusalem in a state of ritual purity.
6.
Until terumat ma'aser has been separated from it, however, we may not partake of it (Radbaz).
7.
And we fear that she was raped by her captors. With regard to terumah, by contrast, once the daughter of a priest engages in forbidden relations, she is forbidden to partake of it (Hilchot Terumah 6:7). Our Sages did not decree that a Levite's daughter who engages in forbidden relationships should not be allowed to partake of terumah, for it is uncommon for a woman to engage in forbidden relationships (Yevamot 91a).
8.
If, however, she did not marry, she is not forbidden, even if she was consecrated by another man.
9.
I.e., this is a Rabbinic decree, enacted to maintain the moral level of the Jewish people.
10.
I.e., since the priests and the Levites are allowed to keep the tithes, one might ask: Why is it necessary for them to separate it at the outset? The Rambam answers that the separation is necessary, because until terumat ma'aser is separated from the tithes, it is forbidden to partake of them.
11.
With the expression "other types of terumah," the Rambam includes challah and bikkurim. SeeHilchot Terumah 15:20.
12.
The intent is only the first tithe. The second tithe and the tithe for the poor are not given to the priests.
13.
They may not, however, partake of the produce without making these separations as the Rambam proceeds to explain.
14.
I.e., from an Israelite and not from a priest.
15.
A priest must separate the presents. He need not, however, give them to another priest, but instead may keep them for himself.
16.
There are some who interpret the Rambam as implying that the penalty was applied only in Ezra's era, but not in subsequent generations. Indeed, we find that even Sages gave their tithes to Levites (Ma'aser Sheni 5:9). For this reason, it appears that Ezra's penalty was that if there was both a priest and a Levite present, the tithes should be given to a priest, but they could also be given to a Levite (Radbaz). Alternatively, in Ezra's generation, the tithes should be given only to the priests. Subsequently, however, when more Levites ascended and settled in Eretz Yisrael, the decree was rescinded and tithes could also be given to the Levites. Nevertheless, in order not to nullify Ezra's words entirely, it was still possible to give the tithes to the priests (Kessef Mishneh). [Note, however, the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:15) which indicates that the tithes were given to the priests in the generations after Ezra as well. See also Hilchot Ma'aser Sheni 11:14.] All agree that the Levites themselves were never required to give the tithes to the priests.
The Minchat Chinuch (Mitzvah 395) asks: How was it possible for Ezra to nullify the Torah's command? For the Scriptural obligation is to give the tithes to the priests. He answers that in Ezra's time, the mitzvah to tithe was only Rabbinic in origin (see Hilchot Terumot, ch. 1). Hence, it was possible for him to make the priests the recipients.
17.
See Ezra 8:15 which states that the descendants of the Levites were not found among the people who returned to Israel from Babylon. There were many among the Jewish people who had achieved financial security and comfortable living circumstances in Babylon and did not want to give this up to live in the Holy Land. Nevertheless, aside from the Levites, there was no distinct group that did not return to Israel in significant numbers.
18.
I.e., before terumah and the tithes have been separated.
19.
I.e., before terumat ma'aser has been separated.
20.
Se Hilchot Ma'achalot Assurot 10:19.
21.
I.e., the priests (or the Levites) who would be given the terumah or the tithes. With regard toterumah, by contrast, when a person partakes of terumah unknowingly, he is required to make restitution. See Hilchot Terumah 6:6.
22.
In the lands directly bordering on Eretz Yisrael where our Sages ordained that the agricultural laws be observed. See Hilchot Terumah 1:6.
23.
Since the obligation to make these separations from the crops is Rabbinic in origin, our Sages granted this leniency. See Hilchot Terumah 1:21.
24.
In contrast to terumah, in which instance, the initial preference is to separate the terumah from the same produce for which it is being taken (Hilchot Terumah 3:17).
25.
This holds true for terumah as well, as stated in Hilchot Terumah 5:3.
26.
This also applies with regard to terumah, see ibid.:2, 12.
27.
It need not be given to a Levite and if necessary, new tithes must be separated.
28.
E.g., produce that has been reaped for produce that is attached to the ground (ibid.:9), produce reaped in one year for produce reaped in another year (ibid.:11), or produce from the Diaspora for produce from Eretz Yisrael (ibid.:12).
29.
I.e., instances where a separation of terumah is undesirable, nevertheless, after the fact, it is acceptable. For example, one separated produce for which all the work concerning it was not completed (ibid.:4); one separates lower grade produce as terumah for higher grade produce (ibid.:8); or one unknowingly separated impure produce as terumah for pure produce.
30.
For example, produce not fit for human consumption (ibid. 2:1); produce that was leket, pe'ah, or the like (ibid.:9).
31.
A person who is deaf, but not mute, a mute who can hear, but not speak, a person who is naked, a person who is drunk and a blind person (ibid. 4:4).
32.
A deaf-mute, a mentally or emotionally unstable person, a minor, a gentile who separated terumahfrom produce belonging to a Jew, even with his permission, and a person who separate terumahfrom produce that does not belong to him without the owner's permission (ibid.:2).
33.
Since he willingly appointed him as an agent, we assume that he relies on him and can follow the accepted presumption that an agent will carry out the task assigned to him. [Our translation and commentary follow the gloss of the Radbaz. Others offer different interpretations.]
34.
Since he did not appoint him voluntarily, we are not certain that he will carry out the agency in good faith.
35.
The Ra'avad differs with the Rambam and maintains that according to Scriptural Law, the only trees from which we are required to separate the tithes are grapes and olives. As explained in the notes to Hilchot Terumah 2:1, this is a difference of opinion involving many authorities.
36.
Based on Hilchot Ma'aser Sheni 1:3, it appears that here the Rambam is speaking of carobs that grow in Tzalmona or other species that are usually not eaten. The carobs that grow commonly and are eaten by many must be tithes according to Scriptural Law.
Those that grow in Tzalmona and the like are also eaten by some people. Hence the Rabbis ordained that they be tithed. Species of produce that are not usually consumed by people are exempt, as stated in the following clause.
37.
When such almonds are small, they are not bitter. Nevertheless, they are still unfit to be eaten because they have not fully matured (see Rashi, Chullin 25b).
38.
Even though some may partake of them, the majority do not. Indeed, the minority is so insignificant that we do not require a separation of terumah even according to Rabbinic Law.
39.
It is produce of the field from which we must tithe (the Jerusalem Talmud, Orlah 1:2).
40.
If, however, the fruit is picked one by one, a person is not obligated to tithe it.
This law is stated in the Mishnah (Ma'aserot 3:8). Now a courtyard is not considered a field. Hence in order that this law not contradict the law cited from the Jerusalem Talmud, we must assume that the Mishnah is speaking according to Rabbinic Law, while the Jerusalem Talmud is speaking according to Scriptural Law. The Ra'avad differs with this ruling and differentiates between produce growing in a courtyard and that which grows in a house. The Radbaz and theKessef Mishneh support the Rambam's ruling.
41.
I.e., they are exempt according to Scriptural Law, and even according to Rabbinic Law, there is no obligation to separate tithes, because the person would not desire to have the plants grow (Or Sameach).
42.
Destroying the roof of the loft.
43.
The Rambam is speaking about an instance where the figs and the other fruits growing in the field have for the most part been harvested. There were, however, a few figs left growing in scattered places around the field. The grapes, however, grow later than the other crops and hence, had not been harvested yet. The owner was protecting his field for the sake of his grapes. The question is: Are the other fruits considered as ownerless because the owner is no longer primarily concerned with them? Or do we say that since he is guarding his field because of the grapes, he is also guarding the other produce?
44.
Which grow even later than grapes.
45.
Even though it has little value. We are forbidden to take even the slightest amount of a colleague's property against his will.
46.
It is as if he has declared them ownerless (Radbaz). See a parallel ruling in Hilchot Ishut 5:8.
47.
For ownerless produce need not be tithed. Similarly, terumah need not be separated from it (Radbaz, based on Hilchot Terumah 2:11).
48.
The same concept applies with regard to terumah, as stated in Hilchot Terumah 2:4,6.
49.
This is both the correct wording of the verse and the manuscript copies of the Mishneh Torah. The standard printed text is in error.
50.
See Avot 1:16. In contrast terumah should be separated in this manner (Hilchot Terumah 3:4).
51.
The volume of the produce.
52.
The order of preference is number, volume, weight. See Terumot 4:6.
53.
For the extra amount of produce is not tithes, because the tithes represent an exact sum. Nor is it considered ordinary produce from which tithes were separated, because it was placed with the tithes. Instead, it is considered as ordinary produce from which tithes were not separated.
54.
For giving them does not fulfill the requirement.
55.
Although usually, one may set aside tithes from one collection of produce for another (Halachah 6), an exception is made in this instance, because he originally separated this produce with the intent that it be tithes [the Rambam's Commentary to the Mishnah (Terumot 4:1)]. it would appear that one is separating tithes from produce for which one is required to separate tithes for produce for which one is not obligated to make such a separation (see notes to Halachah 7). The Ra'avad differs with the Rambam concerning this ruling, advancing a different interpretation of Terumot 4:1.
56.
See Hilchot Berachot 11:6, 12; Hilchot Terumah 2:16.
57.
I.e., terumat ma'aser.
58.
This applies if one sets aside terumah and tithes for his own produce. If he sets it aside for others, he should conclude the blessing "concerning the separation of tithes" (Hilchot Berachot 11:12-13).
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• 3 Chapters: Shevitat Yom Tov Shevitat Yom Tov - Chapter Four, Shevitat Yom Tov Shevitat Yom Tov - Chapter Five, Shevitat Yom Tov Shevitat Yom Tov - Chapter Six • English Text | Hebrew Text | Audio: Listen | Download• Shevitat Yom Tov - Chapter Four
Halacha 1
We may not ignite a flame from wood, from stone, or from metal - i.e., by rubbing these surfaces against each other or striking them against each other until a spark is created. Similarly, we may not shake combustible gas which resembles water and can be ignited by shaking it. [Similarly, we may not take] a clear but firm utensil or a glass filled with water and position it in the rays of the sun so that it will radiate light on flax or the like and ignite it. All these and [any] similar activities are forbidden on a holiday.
[Our Sages] permitted kindling a flame only from an existing flame. To ignite a fire is forbidden, because it is possible to ignite the fire before the holiday.1
Halacha 2
Although kindling a flame on a holiday is permitted even when there is no necessity,2 it is forbidden to extinguish a fire. [This applies] even to a fire that is necessary to be kindled for the sake of the preparation of food. For extinguishing [a flame] is a [forbidden] labor, and it is not at all necessary for the preparation of food.3
Just as one may not extinguish a fire, one may not extinguish a candle.4 A person who extinguishes [on a holiday] should be [punished by] lashes just like one who weaves or builds.
Halacha 3
It is forbidden to lift the opening of a lamp upward so that it will be extinguished, nor may one remove oil from it, nor may one cut off the top of the wick with a utensil.5 One may, however, flick the top of the wick with one's hand [to remove the charred portion].6
When a bundle of wood has been lit in a fire, it is permitted to remove any piece of wood that did not catch fire.7 This does not resemble removing oil from a lamp.
Halacha 4
It is forbidden to extinguish a fire to save one's money on a holiday, just as extinguishing it on the Sabbath is forbidden. Instead, one should abandon [the burning possessions].8
We may not extinguish a candle [so that it will be permitted to engage in] sexual relations.9 Instead, one should cover it with a utensil,10 erect a partition,11 or carry it to another room. If none of these alternatives is feasible, it is forbidden to extinguish the candle and it is forbidden to engage in relations until the candle burns out.12
Halacha 5
One may carry a candle while it is burning. [Our Sages] did not impose a decree against this lest it become extinguished. It is forbidden to place a candle on a palm tree or the like on a holiday,13 lest one come to make use of an object that is still [growing in the ground] on a holiday.
Halacha 6
We may not burn incense on a holiday, for by doing so one extinguishes.14[This restriction applies even] when one desires to smell [its fragrance]. Surely this is true when one's intent is to impart a fragrance to one's house or one's clothes.
It is permitted to smoke produce so that it will be fit to eat, just as it is permitted to roast meat over a fire. One may sweeten mustard using a glowing piece of metal, but one may not use a piece of charred wood for that purpose, because in the process one extinguishes.15
It is forbidden to extinguish a fire so that one's food or one's house will not become smoky.16
Halacha 7
We may not blow [on a fire] with a bellows on a holiday, so that we do not follow a craftsman's practice.17 One may, however, blow with a tube.
We may not make charcoal. Nor may we braid wicks, singe them, or cut them in two with a utensil. One may, however, squeeze [a wick until it becomes firmer] by hand. [Similarly, one may] soak it in oil,18 and one may place it between two lamps [with one end in each], and light it in the middle, thus causing the wick to be divided for each of the lamps.
Halacha 8
It is forbidden to break an earthenware shard or cut a piece of papyrus over which to roast [fish].19 One may not break a reed to use as a spit with which to roast salted [meat or fish]. When a spit has become bent, fixing it is forbidden, even when one can straighten it with one's hands.20
When two utensils have been attached from the time they were originally fashioned - e.g., two lamps or two cups21 - it is forbidden to break them into two, since by doing so one makes a utensil fit for use.
Halacha 9
We may not sharpen a knife with a sharpener.22 One may, however, whet it on wood, on a shard, or on a stone. This law should not be publicized, lest [the indiscriminate] come to sharpen it using a sharpener.23
When does the above apply? When one is able to [use the knife to] cut with difficulty, or if it was nicked. If, however, one is unable to use it to cut at all, one may not even whet it on wood, lest one come to sharpen it using a sharpener.
For this reason, it is forbidden to give a knife to a sage to inspect on a holiday, lest he detect a nick and therefore forbid the use of the knife for slaughtering, and as a result the person will sharpen the knife with a sharpener. If a sage has inspected his own knife, he may lend it to an unlearned person.24
Halacha 10
We may not chop trees on a holiday using an axe, a sickle, or a saw. [One may use] only a butcher's mace,25 employing its sharp side. One may not employ its wider side, because that is like an axe.
Why did the Sages forbid using an axe and the like? So that one will not follow one's weekday practice, for it is possible for a person to chop wood on the day prior to the holiday.
Why didn't the Sages forbid chopping wood entirely? Because it is possible that a person will find a particularly thick log that will not catch fire,26 and therefore he will be prevented from cooking. Therefore, they permitted him to chop the wood in an atypical manner. In all similar instances, it was for such reasons that [the Sages] permitted whatever they permitted and forbade whatever they forbade.
Halacha 11
A woman should not walk among piles of wood to look for a branch [appropriate to use as a spit] for roasting.27 One may not support a pot or a door with a block of wood, for carrying wood on a holiday was permitted solely for the purpose of kindling.
Halacha 12
One may remove the shutters of [cabinets28 in] stores and return them on a holiday29 in order to take out spices that one needs from the store, so that one will not be prevented from [experiencing] festive joy.
When does the above apply? When the shutters have a hinge in the middle. If, however, the hinge is on the side, it is forbidden. [This is] a decree, [instituted] lest one attach it [firmly].30 If the shutters do not have hinges at all, it is permitted to return them even at home.31
Halacha 13
Utensils made of detachable parts - e.g., candelabra made up of several pieces or a chair or table made up of pieces - may be constructed on a holiday provided one does not firmly attach the pieces.32 [This is permissible] because the forbidden labor of building does not apply to utensils.
It is permitted to stack stones to use as a toilet. [Stacking them creates] only a temporary structure, and because of respect for human dignity [the Sages] did not institute any restrictions [regarding this matter].
Halacha 14
When a person who makes a fire on a holiday sets up the wood, he should not place one log on top of the other in an orderly fashion, for this looks like building. Although this is merely a temporary structure, it is forbidden.33Instead, he should either unload all the logs in disarray, or arrange them in order using an irregular manner.
What is implied? One should place a log on top and then place another below it, and then another even lower, until one reaches the ground.
Halacha 15
Similarly, with regard to a pot, one should hold [the pot] and place the stones [to be used as a tripod] beneath it. One may not place the pot on the stones. Similarly, when erecting a bed one should hold the boards above, and place the legs under them. Even when stacking eggs, one should not stack one row above another row until one has erected a tower. Instead, one should depart from one's regular pattern and build from the top downward. Similarly, all other comparable situations require a departure from the norm.34
Halacha 16
We are permitted to remove fleas that attach themselves to the skin of an animal, although this causes a wound.35 We may not, however, deliver an animal on a holiday,36 but we may help [the mother] give birth.
What is implied? We may hold the calf so that it will not fall on the ground, blow into its nostrils,37 and place [its mother's] teat in its mouth. If it is a kosher animal and its mother has rejected it, we may pour her afterbirth over it and place a block of salt in her womb,38 so that she will respond mercifully to it. It is forbidden to do this for a non-kosher animal [that has rejected the animal which it has borne], for the activity is of no avail.39
Halacha 17
When a utensil becomes impure on the day prior to the holiday, it is forbidden to immerse it on the holiday, lest [this leniency cause him] to leave it in a state of impurity [until the holiday].40 If, however, it is necessary for the person to immerse the water in [an impure] vessel, he may immerse the vessel together with its water, without any qualms.41
It is permitted to immerse a utensil that was ritually pure with regard toterumah, so that one could use it for sacrificial foods. The same applies with regard to other immersions, which are required to ascend to a higher level of ritual purity.42
Halacha 18
When a utensil becomes impure on a holiday, it may be immersed on the holiday.43 When a utensil becomes impure as a result of contact with liquids that are a secondary source of impurity, the utensil may be immersed on the holiday, because according to Scriptural law it is ritually pure, as will be explained in the appropriate place.44
We may draw water [from a well] with a bucket that is ritually impure, although it becomes ritually pure in the process.45
A woman who is impure because of menstrual bleeding and who has no pure clothes [into which] to change [after her immersion] may act with guile and immerse herself in her clothes.46
Halacha 19
Our Sages forbade many activities on a holiday as a decree, [instituted] lest people become involved in commercial activity.47
What is implied? At the outset, one should not set a price for an animal on a holiday. Instead, one should bring two animals of equal value, and slaughter one of them and divide the meat among [the interested parties]. On the following day, the price should be established by [evaluating] the second animal. Each of the parties should pay according to the portion they took.
When these parties divide [the meat] among themselves, they should not say, "I will take a sela's worth. Take two selaim worth yourselves," for it is forbidden to mention money at all. Instead, one should take a third of the animal, another a fourth, [dividing it in fractional portions].48
Halacha 20
When they divide [the meat], they should not weigh it on a scale, for a scale should not be used at all [on a holiday].49 Indeed, when a scale is hanging, it is forbidden to place meat on it to protect [the meat] from [being taken by] mice, because it appears as if one were weighing meat on a scale.
An experienced butcher may not weigh meat by hand.50 Nor may one weigh [meat] using a container filled with water.51
We may not cast lots for portions [of meat]. We may, however, cast lots for sacrificial meat on a holiday in order to encourage endearment for the mitzvot.52
Halacha 21
A person should not tell a butcher, "Give me a dinar's worth of meat." Instead, he should say, "Give me a portion" or "...half a portion." On the following day, they should reckon its worth.
Similarly, a person should not take a [specific] measure or weight [of goods] from a storekeeper. What should he do instead? He should tell the storekeeper, "Fill this container for me," and on the following day he should pay him for its value. Even if it is a container that is used for measuring, he may fill it, provided he does not mention any [specific] measure.53
Halacha 22
A chef54 may measure spices and add them to a dish so that the food will not spoil. A housewife, by contrast, should not measure55 [the quantity of] flour [to use] for dough,56 nor should a man measure the barley groats he places before his animal. Instead, he should approximate [the appropriate amount], and give that to it.
Halacha 23
It is permitted to take a specific number of eggs and nuts from a storekeeper.57 The same is true for other similar products, provided one does not mention money or the sum of his account.
What is meant by "the sum of his account"? When a person owes [a storekeeper] for ten pomegranates or ten nuts, he should not tell him on a holiday, "Give me ten more so that I will owe you for twenty." Instead, he should take the [second ten] without any comment and make a reckoning on the following day.
Halacha 24
A person may approach a storekeeper,58 a shepherd, or a person who raises animals and with whom he frequently does business and take an animal, fowl, or anything else that he requires.59 This is permitted provided one does not mention money or the sum of his account.
Halacha 25
We may sue [for the payment of] a loan60 granted on a holiday in a court of law. For if no suit could be brought, no one would ever give [a borrower] anything, and he would be prevented from celebrating on the holiday.
Halacha 26
Although it is forbidden to separate terumah or the tithes on a holiday,61 if a person has terumah or tithes that he had separated on the previous day, he is permitted to bring them to a priest on the holiday. Needless to say, [it is permitted] to bring challah, and the foreleg, the jaw, and the maw [of an animal that is slaughtered]62 to a priest on a holiday.63
Collectors for a charitable fund may collect [food] from courtyards on holidays. They should not, however, announce [their presence] as they do during the week. Instead, they should make their appeal in a modest manner, [the donations] should be given them, and then they should distribute them to every neighborhood separately.
FOOTNOTES
1.
See Chapter 1, Halachah 5. The Ra'avad differs with the rationale quoted by the Rambam. He states that a flame ignited on a holiday is forbidden because of the prohibitions of nolad, for there is no way that one could have designated it for use before the holiday.
Although the wording of Beitzah 33b appears to support the Ra'avad, the Maggid Mishneh defends the Rambam's view. He also mentions a practical difference. According to the Rambam, if one erred and ignited a flame on a holiday, it would be permissible to make use of it, while according to the Ra'avad this would be forbidden. Shulchan Aruch HaRav 502:1 and the Mishnah Berurah502:4 permit the use of a flame that was ignited on a holiday.
2.
Chapter 1, Halachah 4.
3.
The Ramah follows the opinion of Rabbenu Asher and others, who state that when extinguishing a fire is necessary to provide one with food for the holidays - e.g., one's food has caught on fire - it is permitted. Although the Rambam's wording does not appear to allow for this leniency, the leniency is accepted by the later Ashkenazic authorities.
4.
Although one may desire to extinguish a candle to sleep or for the reasons mentioned in Halachah 4, and doing so would thus contribute to one's holiday pleasure, it is nevertheless forbidden.
5.
All these activities appear to be considered as commissions of the forbidden labor itself, and not merely Rabbinic safeguards.
6.
The Ra'avad and others note that Beitzah 32b appears to indicate that it is permitted to remove the charred portion of the wick with a utensil as well. The wording of the Shulchan Aruch (Orach Chayim 514:10) leaves room for doubt with regard to which view is accepted. In practice, it is customary not to remove the charred portion of any wick - neither by hand nor with a utensil (Mishnah Berurah 514:47).
7.
If, however, a piece of wood has already caught fire, it is forbidden to move it if one's intent is to extinguish it (Ramah, Orach Chayim 502:2).
8.
The Ramah (Orach Chayim 514:1) allows a leniency: If a person has no other home, and sees his house being consumed by flames, he may put out the fire so that he will have a place to eat his festive meals. As mentioned in the notes on Hilchot Shabbat 12:3, it is customary at present to extinguish raging fires, because there is surely the possibility of a threat to life if they are left unchecked.
9.
For it is forbidden to engage in sexual relations by the light of a candle (Hilchot Issurei Bi'ah21:10).
10.
The intent is a utensil that will allow the candle to continue burning. It is forbidden to cover the candle with a utensil that will snuff it out.
11.
This refers to an extension of a temporary partition. In such an instance, the prohibition is merely Rabbinic in origin. When the partition was opened at least a handbreadth before the commencement of the festival, there is no restriction at all (see Hilchot Shabbat 22:27).
12.
Note the Chatam Sofer (Orach Chayim, Responsum 145), who questions the Rambam's intent in adding the last phrase.
13.
For it is forbidden to use a tree on the Sabbath or festivals. See Hilchot Shabbat 21:6-8. From the wording of the Maggid Mishneh, it appears that, for this same reason, it is forbidden to leave a candle on a date palm before the commencement of the holiday, so that it will burn there on the holiday. The Shulchan Aruch (Orach Chayim 514:6) cites this law with that emphasis.
14.
Beitzah 22b states that the incense first extinguishes some of the fire onto which it was placed, and then it catches fire itself and begins to burn. One might think that this would be permitted, because it brings pleasure to people. Nevertheless, our Sages ruled that it is only pleasure that is appreciated by all people - e.g., food - for which one is permitted to perform labor on a holiday, but not pleasure appreciated by only a minority, like fragrance.
15.
This restriction was instituted because it was possible - and indeed, it was usual - to do this before the holiday. Concerning other produce, one may use charred wood to sweeten it, although one temporarily extinguishes the charred wood in the process (Mishnah Berurah 511:25).
16.
The Ramah (Orach Chayim 514:1) allows one to extinguish the fire if there is no other alternative to saving one's food or the place in which one desires to eat one's festive meals.
17.
This is one of the restrictions instituted so that one would not follow one's ordinary weekday practice.
18.
Provided the oil is not in a lamp that is lit at that time (Ramah, Orach Chayim 514:9). If this were the case, one would be removing the lamp's fuel, and that is considered to be extinguishing.
19.
In Talmudic times, it was common to soak a shard or papyrus in oil and then put it under the fish as a makeshift roasting pan, to prevent the fish from becoming charred (Rambam's Commentary on the Mishnah, Beitzah 4:5).
20.
The Maggid Mishneh explains the Rambam's ruling as follows: There is a difference of opinion (Beitzah 28b) between the Sages and Rabbi Yehudah whether one is allowed to perform a forbidden labor to prepare articles that are auxiliaries to cooking on a holiday. When it is possible to prepare these auxiliaries before the holiday, all opinions agree that it is forbidden to do so on the holiday. When, as in the instance of the spit that became askew on the holiday itself, and it is only on the holiday that the auxiliary can be made fit for use, the Sages forbid doing so; Rabbi Yehudah maintains that this is permitted.
The Maggid Mishneh maintains that the Rambam rules according to the Sages' position. Others maintain that he accepts Rabbi Yehudah's view, but rules stringently because the Talmud states that one should not publicize the fact that the halachah follows Rabbi Yehudah.
The Shulchan Aruch (Orach Chayim 509:1) quotes the Rambam's ruling verbatim. The Ramah states that if it is impossible to use the spit at all while it is crooked, it may be straightened. He states, however, that this ruling should not publicized.
21.
Potters would usually fashion cups and lamps in pairs and then break them in half before using them (Rambam's Commentary on the Mishnah, loc. cit.:4).
22.
In his Commentary on the Mishnah (Beitzah 3:7), the Rambam defines a sharpener as a grinding stone.
23.
Beitzah 28a associates this law with the difference of opinion between Rabbi Yehudah and the Sages mentioned in the notes on the previous halachah. There is, however, a difference of interpretation among the commentaries regarding the definition of these respective positions.
The Maggid Mishneh, who maintains that the Rambam does not accept Rabbi Yehudah's position at all, explains that this ruling follows the Sages' view. The Kessef Mishneh clarifies that according to this position, whetting the knife on wood or a shard is not considered grinding at all, and it is therefore permitted.
Others, however, explain that the Rambam is quoting the Talmud's view that accepts Rabbi Yehudah's position, but that the Rambam does not desire that the ruling be publicized. According to this view, even Rabbi Yehudah would not allow a knife to be sharpened using a sharpener, because this is a mundane activity, or for other similar reasons. The Shulchan Aruch (Orach Chayim 509:2) quotes the Rambam's ruling verbatim.
24.
Needless to say, he himself may use it to slaughter. In Talmudic times, it was customary for a slaughterer to have a sage inspect his knife before using it. At present, the practice is that every slaughterer inspects his own knife. The inspection should be carried out before the holiday. If, however, this was not done, a slaughterer may inspect his knife on a holiday (Ramah, Orach Chayim 498:1).
25.
Our translation is based on the Rambam's Commentary on the Mishnah (Beitzah 4:3). TheShulchan Aruch (Orach Chayim 501:1) states that at present, we are not certain what is meant by a butcher's mace. Hence, it is forbidden to chop wood with anything other than a knife.
26.
The Maggid Mishneh states that one might infer from the Rambam's wording that it is forbidden to chop any wood that would burn without being chopped. This law is quoted by the Shulchan Aruch(loc. cit.:2).
27.
Since it was not designated for that purpose on the previous day, its use is forbidden on the holiday (Maggid Mishneh, quoting the Rashba). Although our Sages allowed wood to be carried for the purpose of kindling without being designated before the holiday, this leniency was applied for that reason alone. When one desires to use wood for another purpose, one must designate it before the commencement of the holiday (Rabbenu Nissim, Shulchan Aruch HaRav 502:8).
28.
This addition is made according to the interpretation of the Rashba (Beitzah 11b). Rashi interprets the term to be referring to the shutters of storefronts. Even according to his interpretation, this does not refer to a building attached to the ground.
29.
Even though returning the shutter to its place is not for the sake of festive joy, our Sages permitted this, because otherwise the storekeepers would not desire to open their shops and run the risk of their wares being stolen (Beitzah 11b).
30.
This would make one liable for building (Hilchot Shabbat 10:13). Most commentaries explain that the hinges cannot fit tightly. Rav Kapach, noting the Arabic wording used by the Rambam in his Commentary on the Mishnah (Beitzah 1:5), interprets this as referring to nailing the two entities together permanently.
31.
See Hilchot Shabbat 22:25, which states that the doors of cabinets, chests, and the like, which are on hinges, may be removed on the Sabbath but may not be put back in place.
32.
On the Sabbath, our Sages imposed a decree on this activity (ibid.:26), but not on the holidays.
33.
Lest one come to erect a permanent structure on a holiday.
34.
The Maggid Mishneh permits placing a board over the legs of the table. Although Rav Yosef Karo takes issue regarding this matter in the Kessef Mishneh, in the Shulchan Aruch (Orach Chayim315:3) he permits erecting a table in this manner on the Sabbath.
35.
Since the person has no intention of causing a wound (his intent is merely to remove the fleas), this is not prohibited [Beitzah 23a; Rambam's Commentary on the Mishnah (Beitzah 2:7)]. It is, however, forbidden to comb an animal with an iron comb, for this will surely remove its hair, and is hence forbidden (Shulchan Aruch, Orach Chayim 523:2).
36.
In his Commentary on the Mishnah (Shabbat 18:3), the Rambam explains that this refers to pulling the calf out from the mother, for this involves extra effort.
37.
To remove the fluids clogging them.
38.
Shabbat 128b states that the pain that the mother will suffer will cause her to react mercifully to her young.
39.
Once a non-kosher animal has rejected her young, she will never accept it again (ibid.).
40.
It is possible that a person will be very involved with festive preparations before the holiday, and desire to leave the immersion of the vessel for the holiday, when he will be less pressured.
This reason is mentioned by Rav Bibi (Beitzah 18a). Significantly, another rationale for this prohibition is given there - that of Ravva, who explains the reason is that one appears to be making a utensil fit for use on the holiday. The commentaries note that in Hilchot Shabbat 23:8, the Rambam quotes Ravva's view and question why he offers a different rationale here.
Among the resolutions offered is that on the holidays there is no prohibition against preparing a utensil for use if it is necessary for the preparation of food. On the Sabbath, by contrast, this is forbidden.
41.
Although this immersion also purifies the vessel in which the water is contained, there is no difficulty.
42.
See Hilchot Sha'ar Avot HaTum'ah 13:2, which explains that although a person immersed himself with the intent of partaking of terumah, he is considered impure and is required to immerse himself again if he desires to partake of meat from the sacrificial offerings. In particular, there are five levels of purity: a person who desires to partake of unconsecrated articles in a state of ritual purity, a person who desires to partake of ma'aser sheni, a person who desires to partake ofterumah, a person who desires to partake of sacrificial foods, and one who desires to take part in the burning of the red heifer.
43.
For there was no opportunity to immerse it before the holiday.
44.
As explained in Hilchot Sha'ar Avot Hatum'ah 7:1-2, when a liquid comes in contact with a primary source of impurity, it becomes impure. According to Scriptural law, contact with this impure liquid does not cause an object to contract ritual impurity. Nevertheless, our Sages decreed that foods and utensils that come in contact with this impure liquid should be considered impure.
The Rambam explains that since the impurity is Rabbinic in origin, our Sages did not forbid immersing this utensil on a holiday so that it could be used in a state of purity. Rabbi Mordechai HaCohen and the Rashba note that Beitzah, loc. cit., offers a different rationale, and they question why the Rambam deviates from the source. The later commentaries, however, justify the Rambam's position.
45.
When the bucket is immersed in the well, the bucket becomes ritually pure. This is permitted, because it is not obvious to an observer that the person is immersing the utensil.
46.
To emerge from the state of impurity, the woman must immerse herself; this is permitted on a holiday. She is, however, forbidden to immerse her clothes. Nevertheless, if she has no other pure clothes to wear, our Sages offered her an alternative. She can immerse herself while wearing her clothes, thus causing them to become ritually pure.
For her immersion to be acceptable, her clothes must be loose fitting, so that they will not prevent the water from penetrating to her skin.
47.
As the Rambam explains (Hilchot Shabbat 23:12), the Sages forbade commercial activity on the Sabbath lest one write. The rulings regarding the holidays are somewhat more lenient than on the Sabbath, in order to allow one to purchase food for the holiday, but as a whole the prohibition remains in force.
48.
The Ramah (Orach Chayim 500:1) states that it is permitted to enter into such a partnership agreement on a holiday only with a Jew, but not with a gentile.
49.
The Shulchan Aruch (Orach Chayim 500:2) states that it is forbidden to weigh meat even to know how much to use when cooking.
50.
I.e., an experienced butcher is able to approximate the weight of a portion of meat by holding it in his hands.
51.
By measuring the amount of water the piece of meat displaces, one will be able to determine its weight.
52.
Shabbat 149b, the source for this halachah, states that one should not cast lots "for portions of חול." Rashi, the Ra'avad, and others interpret this to refer to portions of sacrificial meat that were offered during the week. The Rambam, by contrast, interprets this to refer to non-sacrificial meat.
53.
This represents a reversal of the Rambam's ruling in his Commentary on the Mishnah (Beitzah3:8). This change in thinking appears to result from the Rambam's understanding of Rav Yitzchak Alfasi's rulings with regard to Beitzah 29a, the Talmudic passage on which this halachah is based (Rav Kapach). (See also the gloss of the Kessef Mishneh.)
54.
The Maggid Mishneh states that this does not apply only to a chef, but to anyone. Why doesBeitzah 29a, the source for this halachah, mention a chef? Because "the Sages spoke about commonplace events."
Why is a person granted this leniency? Because if he does not use the proper amount of spices, he will spoil the flavor of the food he is preparing. In the other instances mentioned in this halachah, the person will not suffer a loss from making an approximation.
Rav David Arameah differs, and explains that this law applies only to a chef, for his professional reputation depends on even a slight deviation from the desired flavor. An ordinary person, by contrast, will not be inordinately upset if the flavor is affected slightly, because he uses a slightly larger or smaller amount of spices.
Although the Tur follows Rav David Arameah's view, when quoting this law the Shulchan Aruch(Orach Chayim 504:4) mentions "a person," rather than a chef.
55.
The reason for this and the following prohibition is that it appears that the person is measuring the flour or the barley for the purpose of selling it.
56.
For the dough will not spoil if one errs in his approximation of the proper amount to use.
57.
This is permitted because even at home a person will ask for a specific number of eggs or nuts, so that he will not have more or fewer than he requires.
58.
Although these laws would also apply to a storekeeper, many suggest that this word should be omitted from the text, because it is not found in Beitzah 29b, the source for this halachah. Authoritative manuscripts and early printings of the Mishneh Torah do not contain this word.
59.
The Shulchan Aruch (Orach Chayim 517:1) states that this applies only when the storekeeper is Jewish. If he is non-Jewish, we may not take anything that might have been harvested or snared on the holiday.
60.
We are not speaking about a loan of money, but rather food that was given in lieu of payment.
61.
See Hilchot Shabbat 23:15.
62.
These portions must be given to a priest whenever an animal is slaughtered. (See Deuteronomy 18:3Hilchot Bikkurim 9:1.)
63.
Indeed, there is no prohibition against separating these portions on a festival itself, since they are not forbidden to common people, nor is it necessary to immerse oneself before partaking of them (Maggid Mishneh). (See also Chapter 3, Halachah 8 and notes.)

Shevitat Yom Tov - Chapter Five

Halacha 1
Although the Torah allowed carrying on a holiday even when it is not necessary [for the preparation of food], one should not carry heavy loads as he is accustomed to do on a weekday; instead, he must depart [from his regular practice].1 If, however, making such a departure is impossible, it is permitted.
What is implied? A person who brings jugs of wine from one place to another place should not bring them in a basket or in a container. Instead, he should carry them on his shoulder or in front of him. A person who is carrying hay should not sling the bale over his shoulder. Instead, he should carry it in his hands.
Halacha 2
Similarly, loads that a person might ordinarily carry with a pole should be carried on his back. Those that are ordinarily carried on one's back should be carried on one's shoulder. And those that one usually carries on one's shoulder should be carried in one's hands before him, or a cloth should be spread over them. Similarly, one should depart from one's ordinary practice with regard to carrying loads. If it is impossible to depart from one's ordinary practice,2 one may bring the load in the ordinary manner.
When does the above apply? When a person is carrying the burden. If, however, an animal is carrying the burden, one should not bring them at all, so that one does not follow one's weekday practice.3
Halacha 3
We may not direct an animal with a staff, nor may a blind man go out with a cane,4 nor may a shepherd carry his pack.5
Neither a man nor a woman may be carried out in a chair, so that the ordinary weekday practice will not be followed. A person whose presence is required by many6 may be carried out on a chair on another person's back. Similarly, he may be carried out in a litter, even on people's shoulders.
Halacha 4
We may not move a ladder used for a dovecote7 from one dovecote to another in the public domain, lest [an observer] say, "He is moving [the ladder] to fix his roof."
It is, however, permitted to move such a ladder in a private domain. Although all the restrictions instituted by the Sages because of the impression that might be made on an onlooker normally apply even in the most private places, leniency was granted in this instance [to increase] rejoicing on the holiday.8
Halacha 5
A person who has [left] produce [to dry] on his roof and who must move it from one place to another9 should not pass it from one roof to another roof - even if both roofs are of the same height - nor should he lower it by a rope from a window or carry it down a ladder. [These restrictions were instituted] so that he will not follow his ordinary practice. He may, however, throw it down through an aperture, [thus moving it] from place to place on one roof.10
If one slaughters an animal in a field,11 one should not carry it to the city [hanging from] a small or large pole. Instead, one should carry [its meat] limb by limb.12
Halacha 6
On a holiday it is permitted to send a colleague13 any article from which one could benefit on a weekday, even though one cannot benefit from it on a holiday - e.g., tefillin. Needless to say, one may send [a colleague] articles from which one may benefit on the holiday itself - e.g., wine, oil, and fine flour.14
When, however, one could not derive benefit from an article on a weekday unless one performed a task whose performance is forbidden on a holiday, one may not send that article to a colleague on a holiday.15
Halacha 7
What is implied? One may not send grain, because one does not benefit from it on a weekday unless one grinds it,16 and it is forbidden to grind on a holiday. We may, by contrast, send legumes, since one may cook them on a holiday or roast them, and eat them.
We may send a beast, a domestic animal, or a fowl on a holiday even when alive, because it is permitted to slaughter them on a holiday.17 The same rules apply in other similar situations.
Halacha 8
When one sends a colleague as a present any article that is permitted to be sent on a holiday, one should not send it with a delegation.18 A delegation includes at least three people.
What is implied? When one sends a colleague animals or wines with a group of three people who walk together, or four who walk one after the other, and they all walk in a single line,19 this is forbidden, so that one does not follow one's weekday procedure.20It is permitted, however, to send three different types [of articles] with three people who walk together.
Halacha 9
When a person establishes an eruv t'chumim for a holiday, his animal, his articles, and his produce are bound by the same restrictions as he is.21 They also may not be taken beyond two thousand cubits in all directions from the place where the person established his eruv.
Halacha 10
[The holiday limits] of ownerless articles follow the limits of those who acquire them.22 [The holiday limits] of articles belonging to a gentile are determined by their place [at the commencement of the holiday]. They are granted [only] two thousand cubits in all directions from this place.23 This is a decree. [Our Sages placed restrictions on articles] belonging to gentiles, because of articles belonging to Jews.
When produce was taken beyond [the holiday limits] and returned - even if this was done with a conscious intent to violate the prohibitions involved - there is no prohibition against moving it throughout [the holiday limits]. It is considered analogous to a person who was forcibly taken beyond [the holiday limits] and forcibly returned.24
Halacha 11
When a person entrusts an animal to his son, [the holiday limits] of the animal follow those of the father.25 If he entrusts [an animal] to a shepherd, even if he gives it to him on a holiday,26 its [holiday limits] follow those of the shepherd. If he entrusts it to two shepherds, its [holiday limits] follow those of the owner, since neither acquired [responsibility for it beforehand].27
Halacha 12
When a person invites guests on a holiday, [the guests] should not carry the portions [of food they were given] to a place where their host may not go himself. For the [holiday limits] of [the food served at] the feast depend on those of the host, and not on those of the guests.28 [These restrictions apply] unless [the host] granted [the guests] their portions [as presents via] another individual29 before the commencement of the holiday.
Halacha 13
Similarly, when produce belonging to a person was left in another city for safekeeping, and the inhabitants of that city established an eruv [t'chumim] so that they could visit [the owner], they should not bring him his produce. For his produce [is governed by the same laws] as he is,30 even though it was [entrusted] to people who established an eruv [t'chumim].
When does the above apply? When the people to whom the produce was entrusted have designated a corner of their property for it.31 If, however, they did not designate [a place for the produce], its [holiday limits] follow those of the people to whom it was entrusted.32
Halacha 14
[The holiday limits of the water in] a cistern belonging to one person follow those of the owner.33 If a cistern is owned by a city, [the holiday limits of its water] follow those of the inhabitants of the city.34 [The holiday limits of the water in a cistern made] for the festive pilgrims coming from Babylon, which is donated to the public at large, follow those of the person who draws the water.35 Whoever draws water may carry it wherever he is allowed to proceed.
[The holiday limits of the water in] springs that flow freely follow those of all people.36 Even if [the water] flows from outside the [holiday] limits within those limits, we may draw water from [such springs] on the Sabbath.37 Needless to say, this is permitted on a holiday.
Halacha 15
[The holiday limits of] an ox belonging to a herder follow those of the inhabitants of his city.38 [The holiday limits of] an ox fattened for slaughter follow those of the person who purchased it with the intention of slaughtering it on the holiday [even if he lives outside the city]. [This leniency was granted] because the fact that it was fattened for slaughter makes its reputation well known, and many come to purchase it [even from afar].
Similarly, if the owner slaughtered [such an ox] on a holiday and sold its meat [to many different people], each of the purchasers may bring the meat to any place where he is allowed to proceed himself. [The reason for this leniency is] that on the day before the holiday, [the ox's] owner had the intent that people from [surrounding] villages would purchase [its meat]. Therefore, this ox is comparable to a well designated for festive pilgrims, [the water of] which is provided to the public at large.
Halacha 16
[The holiday limits of] a coal follow those of its owners,39 and not those of a person who borrows it. [Those of] a flame, by contrast, follow those of the person carrying it.40 Therefore, a person who lights a lamp or a piece of wood [from] a colleague's [flame] may carry it to any place where he is permitted to proceed himself.
Halacha 17
When on the day prior to a holiday, a person [secures] a colleague's [consent] to lend him a utensil, [on the holiday, the holiday limits of] the utensil follow those of the borrower, even when [the owner] did not give him the utensil until [after the commencement of] the holiday.41
When a person borrows a utensil on the holiday, even if he always borrows this utensil from [its owner] on a holiday, [the holiday limits of the utensil] follow those of the owner.42
Halacha 18
When [before a holiday commences] two people both [arrange to] borrow the same cloak [from a person on the holiday], one [asks] to borrow it on the morning and the other [asks] to borrow it towards evening, [the holiday limits] of this [cloak] are dependent on those of both borrowers.43 They may not bring it to a place other than one to which they both may proceed.
Halacha 19
What is implied? If the first established an eruv [t'chumim] that was one thousand cubits to the east of the cloak, and the other established an eruvthat was five hundred cubits to the west of the cloak, when the first person takes the cloak he may move it no more than one thousand five hundred cubits to the east of the cloak's present location. For this is the end of the holiday limits to which the person who established his eruv to the west may proceed.
When the second person takes the cloak, he may move it no more than one thousand cubits to the east of the cloak's present location. For this is the end of the holiday limits to which the person who established his eruv to the east may proceed.
Based on the above, if one person established his eruv two thousand cubits to the east of the cloak and the other established his eruv two thousand cubits to the west [of the cloak], they may not move it from its place.44
Halacha 20
Similarly, when a woman borrows water or salt from a friend to use in the kneading of dough or in the preparation of food, [the holiday limits of] the dough or the food are dependent on those of both women.45
By the same token, if two people purchased an animal in partnership and slaughtered it on a holiday, [the holiday limits of] the meat are dependent on those of both [partners]. If, by contrast, they purchased a jug [of wine] in partnership, and divided it on the holiday, [the holiday limits of] each partner's portion follow those of [its owner].
[What is the difference between these two laws? In the latter instance,] since the [prohibition against going beyond the holiday] limits is Rabbinic in origin,46the principle of b'reirah applies. Thus, it is considered as if the portion that is given to [either partner] were distinct and separated as his in the jug before the holiday; [i.e.,] it is as if [the two portions of wine] were not mixed with [the other].47
This cannot be said with regard to an animal. Even if the portion that was given to [either partner] were considered to be separated within the animal, and it is as if it were distinct [leniency cannot be shown in this instance]. For the portion derived nurture from the portion belonging to the other colleague while the animal was alive, since all of an animal's limbs derive nurture from each other. Thus, all the animal's limbs are considered as being intermingled with the portions belonging to both partners. Therefore, [the holiday limits of the animal] are dependent on both of them.48
FOOTNOTES
1.
Rashi (Beitzah 29b) explains that this restriction applies even to foods that are necessary for the holiday. The reason for this stringency is that a person carrying large loads appears to be going about his weekday affairs without awareness of the holiday.
Rashi [cited by the Ramah (Orach Chayim 510:8)] also states that these restrictions apply only in the public domain. Within a courtyard or a home, one may carry in one's ordinary fashion. Rav Kapach explains that this is also the Rambam's view, for (although it is not explicitly stated) the entire chapter speaks about passage through the public domain.
2.
As an example, the Shulchan Aruch (Orach Chayim 510:10) cites an instance where a person has invited many guests and must bring food for them promptly. Therefore, instead of requiring him to bring smaller loads that would take more time, he is allowed to bring a larger amount in his usual fashion.
3.
The Maggid Mishneh states that other opinions explain that it is forbidden to use an animal on a holiday, just as it is forbidden to do so on the Sabbath, lest one break a branch of a tree. Shulchan Aruch HaRav 495:12 accepts this view as binding.
4.
This refers to a blind man who uses a cane to tap his way. By contrast, a person who needs a cane to walk may use a cane on a holiday (Shulchan Aruch, Orach Chayim 522:3).
5.
Carrying a pack in this way appears as an act of disrespect for the holiday (Shulchan Aruch HaRav 522:1; Mishnah Berurah 522:2).
6.
Beitzah 25b interprets this as referring to a sage who lectures to the people.
7.
I.e., this type of ladder is mentioned in contrast to a ladder leading to a loft, which may not be carried on Sabbaths and holidays, because it is considered a permanent part of the structure of a building and not a utensil (Hilchot Shabbat 26:7).
8.
The Ra'avad objects to the Rambam's interpretation of Beitzah 9a. According to the Ra'avad, an even greater leniency is in place, and it is permitted to carry such a ladder even in the public domain (for the ladders used for dovecotes could be distinguished from other ladders). The Ra'avad's view is cited by the Shulchan Aruch (Orach Chayim 518:4).
9.
E.g., he sees rain coming, which will spoil the produce (Rashi, Beitzah 35b).
10.
Our translation is based on the explanation in the D'rishah of the interpretation of the Rambam's statements provided by the Beit Yosef (Orach Chayim 521). The Beit Yosef maintains that the Rambam, unlike Rashi, loc. cit. and the Tur, forbids bringing the produce indoors in this manner. Others, however, interpret the Rambam's words as meaning: "One may throw them down the aperture, even though this involves moving them from place to place..."
11.
The Mishnah (Beitzah 3:3) mentions this law with regard to an animal that is sick and is slaughtered before it dies. The Rambam, however, explains that the law applies in all instances, even when the animal is healthy (Maggid Mishneh).
12.
Although this involves greater effort (for one will have to return to the field several times), it is preferable, so that one departs from his ordinary practice.
13.
As the Ramah (Orach Chayim 516:3) emphasizes, it is permissible to send these presents in the public domain. For since sending and receiving these articles increases one's festive joy, there is no prohibition against their transfer.
14.
See the Shulchan Aruch (loc. cit.), which permits sending clothing, although it is unfinished, provided it is fit to use for some purpose in its present state.
15.
According to the Rambam, it would appear that the reason for this prohibition is not that it involves the forbidden labor of transferring articles, since, as he states in Chapter 1, Halachah 4, this activity is permitted even when no benefit can be derived on the holiday itself. Rather, the reason is - as in the previous halachot - so that one will not conduct oneself in a weekday manner on a holiday.
Significantly, the Magen Avraham 516:1 and the Turei Zahav 516:1 associate this prohibition with the forbidden labor of transferring articles. Therefore, they explain, when a city has an eruvconstructed, it is permitted to send such articles on a holiday as well. (See the discussion of this law in the Mishnah Berurah 516:4.)
[Significantly, in Hilchot Eruvin 8:4, the Rambam mentions the establishment of an eruv t'chumimon a holiday, but he does not mention the establishment of an eruv chatzerot on a holiday at all.]
16.
There are certain people who eat roasted grains. Therefore, there is a minority opinion in Beitzah14b that allows grain to be sent on a holiday. Nevertheless, since this is not a widely prevalent practice, this view was not accepted by the majority of Sages.
17.
This leniency applies even when one knows that the recipient will not slaughter them on the holiday (Shulchan Aruch HaRav 516:1; Mishnah Berurah 516:1).
18.
Since this prohibition was instituted as an expression of respect for the holiday, it applies even in a courtyard and a private domain if there are many people there (Shulchan Aruch HaRav 516:6;Mishnah Berurah 516:6).
19.
The Shulchan Aruch (Orach Chayim 516:2) uses slightly different wording: "Three people or more, one after the other." There are versions of the Mishneh Torah which also use such wording.
20.
Rashi (Beitzah 14b) states that by sending the articles in this manner, it appears that one is taking them to the market to be sold.
21.
A person is forbidden to proceed more than 2000 cubits in any direction from his location at the onset of the Sabbath or a holiday. If he is in a private domain or in an enclosed city, the 2000-cubit limit begins from that area's peripheries.
Our Sages offered an additional leniency: a person can establish a location within his Sabbath limits as his place for the Sabbath or a holiday by depositing food at that location before the onset of the Sabbath or the holiday. This is referred to as an eruv t'chumim. In this instance, his 2000-cubit limits are calculated from that place, and not from the place where he is located at the onset of the Sabbath.
In this halachah, the Rambam is stating that the restriction against proceeding beyond 2000 cubits applies not only to the person himself, but to the possessions he owns. For them as well, the 2000-cubit limit is calculated from the location of the food he deposited.
[The Rambam does not mention this concept with regard to the Sabbath, since it is forbidden to carry articles or to lead an animal on that day. There are, nevertheless, ramifications of this law with regard to the Sabbath. The Ramah (Orach Chayim 305:23) states that it is permitted to entrust one's animals to a gentile shepherd to watch, even though one knows that he will lead them beyond the Sabbath limits. The commentaries explain that since the Jew himself neither performs nor initiates the activity, there is no prohibition.]
22.
I.e., they may be carried within a 2000-cubit radius beginning from the place where the person who acquires them was located at the commencement of the Sabbath, or from the place where he deposited his eruv t'chumim.
The Ra'avad differs with the Rambam on this point and maintains that the Sabbath limits are calculated from the place where the article itself was located at the commencement of the Sabbath. Nevertheless, the later authorities, including the Shulchan Aruch (Orach Chayim 401:1), follow the Rambam's view.
23.
For this reason, our Sages placed several restrictions on benefitting from articles brought by gentiles on a holiday, lest they have brought them from beyond the holiday limits.
24.
A person who left his Sabbath or holiday limits and returned is allowed to walk only within a square of four cubits by four cubits (Hilchot Shabbat 27:12-13). These restrictions are not placed on a utensil. A person is capable of acting on his own initiative, while a utensil must be carried by a person. It is thus comparable to a person who was taken from and returned to his Sabbath limits by force. As stated in Hilchot Shabbat (ibid.), it is considered as if he had never departed. Nevertheless, as reflected in Hilchot Shabbat 6:24, if the produce was taken from the city by a Jew with a conscious intent to violate the law, one should not benefit from it on the holiday.
25.
Because the father does not expect his son to take responsibility for the animal, it is not considered as having entered the son's possession (Maggid Mishneh). Although the Shulchan Aruch (Orach Chayim 397:4) follows the Rambam's ruling, there are later authorities who differ. (See Mishnah Berurah 397:10.)
26.
The Mishnah Berurah 397:12 explains that the rationale is that we assume that even before the commencement of the holiday he had the intention of entrusting it to the shepherd. As the Mishnah Berurah mentions, other authorities differ with this ruling when there is more than one shepherd in a city and the owner does not also entrust his sheep to the same one, because it is not clear - even in the owner's mind - to which shepherd he will entrust his animal.
27.
In this instance as well, although the Shulchan Aruch (loc. cit.:5) quotes the Rambam's ruling, many later authorities differ. They maintain that this applies only when a person entrusted the animal to the shepherds on the holiday. If he entrusted it to them before the holiday, they are responsible, and the animal may be taken only within an area in which they both may walk (Mishnah Berurah 397:13).
28.
Since the food belonged to the host at the beginning of the holiday, the holiday limits in which it may be carried are dependent on him. Although he gives the guests permission to take portions of the food home, they may not take the food beyond the limits in which it could originally be carried.
29.
I.e., he must give another person the portions of food, and he will acquire them on behalf of each of the guests (Rashi, Beitzah 40a).
30.
And he did not establish an eruv.
31.
In such an instance, it is as if that corner were loaned to the owner of the produce. The people to whom the article was entrusted, however, are not held responsible for it. Therefore, the status of the produce depends on the owner.
32.
For they are responsible for the article.
33.
I.e., the water may be brought only to a place to which the owner of the cistern is permitted to proceed.
34.
The Mishnah Berurah 397:34 interprets this as follows: If an inhabitant of the city draws the water, he may carry it as far as he is permitted to proceed himself, even if he extended his holiday limits by establishing an eruv t'chumim. If a person who does not live in the city draws the water, he may carry it only within the city itself.
35.
Since the water is left for all travelers without distinction, its status is comparable to that of the ownerless articles mentioned in Halachah 10. (For that reason, the Ra'avad, who raises an objection to that halachah, also objects here.)
36.
Seemingly, the intent of the latter phrase is the same as "those of the person who draws the water." [Indeed, Rabbenu Asher and the Shulchan Aruch (Orach Chayim 397:15) use the phrase, "those of the person who draws the water."] One wonders why the Rambam uses different wording.
37.
Since the water continuously flows and does not stay in a single place, there is no place that is considered to have been established as its "place" for the Sabbath or holiday.
38.
The herder raises oxen for slaughter. Nevertheless, the oxen he raises are not unique, and he cannot expect them to attract the attention of people beyond his immediate area. For that reason, their holiday limits are confined to those of their owner's town.
39.
A coal is considered to be an object with substance. Therefore, the laws that govern all other articles pertain to it as well.
40.
For a flame, by contrast, has no substance, and is therefore not considered to be an article that belongs to a person and is subject to his holiday limits.
41.
A borrower does not become responsible for an object until he performs a formal kinyan(contractual act). Nevertheless, since the owner consented to give the borrower the article before the commencement of the holiday, with regard to the law at hand it is considered as if it were already in the borrower's possession (Mishnah Berurah 397:26).
42.
It is at the commencement of the holiday that the holiday limits of a utensil are established. Since the owner did not consent to give the utensil to the borrower before this time, the utensil's limits still depend on its owner. The fact that he frequently lends the article to the borrower is of no halachic significance. Since the borrower did not ask for the article before the holiday began, the owner could have assumed that he had found another person from whom to borrow it.
43.
Since the owner of the cloak agreed to let both of the borrowers use it before the holiday began, they both figure in the determination of the holiday limits of the cloak.
44.
For by moving it to either direction, one will be taking it beyond the holiday limits of one of the people to whom it is entrusted.
45.
Since the ingredients belonged to both women at the commencement of the holiday, the holiday limits of the dough or the food made from them are dependent on those of both women.
46.
In Hilchot Shabbat, Chapter 27, the Rambam explains that the concept of Sabbath limits has its origins in the Torah itself. Nevertheless, according to the Torah, it is permitted to proceed twelvemil from one's place. The restriction of two thousand cubits is Rabbinic in origin.
47.
Therefore, each of the partners is allowed to take his portion with him throughout his own holiday limits without worrying about his partner's circumstances.
48.
This represents the opinion of Rav (Beitzah 37b). The Talmud, however, records the opinion of other Sages who differ and maintain that there is no difference between the laws pertaining to an animal and those pertaining to wine.
In the debate concerning this manner, two of the other Sages, Rav Kahana and Rav Assi, asked Rav: There is another relevant prohibition, that of muktzeh, for each of the partners diverted his attention from the portion designated for the other. Nevertheless, although the portions of meat belonging to each of the partners derived nurture from each other, none of the Sages thought of applying the prohibition of muktzeh for that reason.
Rav did not reply. This has led some authorities (see the gloss of Rav Moshe HaCohen, Tur, Orach Chayim 397) to the conclusion that Rav conceded and retracted his position. According to these views, the meat belonging to each partner may be taken throughout his holiday limits. Others (including the Rambam) maintain that Rav's inability to reply at that time does not represent a retraction of his position. The Shulchan Aruch (Orach Chayim 397:10) follows the Rambam's ruling. Nevertheless, the Be'ur Halachah 397 states that if there is a necessity, it is possible to rely on the more lenient view.

Shevitat Yom Tov - Chapter Six

Halacha 1
When a holiday falls on Friday, on the holiday that precedes the Sabbath we may not bake or cook the food that will be eaten on the Sabbath. This prohibition is Rabbinic in origin,1 so that one will not prepare food on a holiday for a subsequent weekday.2 For a person will make the deduction: Since he is not [allowed to] cook for the Sabbath [on a holiday], surely, [he may not cook] for a weekday.
Therefore, a person who prepares a portion of food on the day prior to the holiday, and he relies on it, is permitted to cook and bake for the Sabbath on the holiday. The portion of food on which he relies is referred to as an eruv tavshilin.
Halacha 2
Why is this called an eruv? [Because it creates a distinction.] The eruv3 that is established in courtyards and lanes on the day before the Sabbath is intended to create a distinction - so that people will not think that it is permitted to transfer articles from one domain to another on the Sabbath.
Similarly, this portion of food creates a distinction and a reminder, so that people do not think that it is permitted to bake food on a holiday that will not be eaten on that day. Therefore, the portion of food is referred to as an eruv tavshilin.4
Halacha 3
The [minimum] measure of an eruv tavshilin is a portion of food the size of an olive. This suffices both for a single person and for a thousand.
This eruv may not be established with bread,5 with cereal, or the like.6Instead, a portion of cooked food that is served together with bread - e.g., meat, fish, eggs, and the like - must be used. [Nevertheless, one need not set aside a portion of choice food.7] Even lentils [left] at the bottom of the pot [are sufficient].8 Moreover, one may even rely on the fat that is left on the knife used to cut roast meat. If an amount the size of an olive is left when one scrapes it off, one may use it for an eruv tavshilin.9
Halacha 4
With regard to such an eruv, the term "cooked food"10 also includes food that was roasted, stewed, pickled, or smoked. Even small fish that are prepared to be eaten by pouring hot water over them11 can be relied upon [for an eruv tavshilin].
Halacha 5
This eruv must be accessible until one has baked all that one must bake, cooked all that one must cook, and heated all the water one requires [for the Sabbath].12 If the eruv is eaten, lost, or burned before one has cooked or baked [for the Sabbath], one may no longer bake, cook, or heat water, except what one requires for the holiday.13
If one has already begun [kneading] a dough or [preparing] a portion of food, and the eruv is eaten or lost, one may complete the preparation [of this loaf or portion].14
Halacha 6
When a person sets aside an eruv tavshilin so that he and others may rely on it, he must grant others a portion as one grants them a portion with regard to the eruvin employed on the Sabbath.15
Whoever is allowed to acquire a portion [on behalf of others] with regard to theeruvin of the Sabbath,16 may acquire a portion [on their behalf] with regard to an eruv tavshilin. Conversely, whoever is not allowed to acquire a portion [for others] with regard to those eruvin17 may not acquire a portion [for them] with regard to this [eruv].
Halacha 7
It is not necessary to notify the others whom one grants a portion [in the eruv] before the commencement of the holiday.18 However, they must know that someone has granted them a portion and established an eruv before they rely on it for cooking and baking. Even if they did not receive notification until the holiday itself, they are permitted [to rely on it].
A person may establish an eruv on behalf of all [the inhabitants of] a city,19and all those within its [holiday] limits.20 On the following day, he may announce, "Whoever did not establish an eruv tavshilin may rely on myeruv."21
Halacha 8
A person who establishes an eruv is required to recite [the following] blessing:22 "Blessed are You, God, our Lord, King of the Universe, who has sanctified us with His commandments and has commanded us concerning the mitzvah of eruv."
[At this time,] he should say: "With this eruv, I will be permitted to bake and to cook tomorrow23 on the holiday24 for the Sabbath." If he includes others in theeruv, he should say "...for me, and for so and so, and so and so...," or "for all the inhabitants of the city to bake and cook on the holiday for the Sabbath."
Halacha 9
When a person did not establish an eruv himself, and others did not include him in [their eruvin], just as he is forbidden to cook and bake, his flour and his food are forbidden [to be used on the holiday]. It is thus forbidden for another person who himself established [an eruv] to cook or to bake for the person who did not establish [an eruv, using provisions belonging to the person who did not establish an eruv], unless he transfers ownership25 of his food [to the person who established an eruv].26
[If this transfer is made, such an arrangement is permitted, because the person who established an eruv] is cooking and baking [with] his own [provisions], for their ownership was transferred [to him]. If, afterwards, the person [who established an eruv] desires, he may give [this food] as a present to the person who did not establish [an eruv].
Halacha 10
When a person did not establish an eruv tavshilin and cooked and baked [food] to eat on [the holiday], and there was [food] left over, or he invited quests and they did not come, he may eat the remainder on the following day. If, however, he acted with guile27[with regard to this matter], he is forbidden to partake [of this food].
If the person transgressed28 and cooked and baked [on the holiday] for the Sabbath without establishing an eruv tavshilin], it is not forbidden [for him to partake of it]. Why did [our Sages] judge a person with guile more severely than a person who willfully transgresses, [imposing] prohibitions [on the former and not on the latter]? Because if leniency were granted to a person who acts with guile, everyone would act with guile, and the entire concept oferuv tavshilin would be forgotten.29 To violate [Torah law] consciously, by contrast, is a rare phenomenon, and the fact that a person transgresses once does not mean that he will transgress in the future.
Halacha 11
When the two days of a holiday [celebrated in the diaspora] fall on Thursday and Friday, an eruv tavshilin should be established on Wednesday, the day before the holiday. If a person forgot and did not establish [an eruv before the holiday], he should deposit the eruv on the first day, and make a stipulation.30
What is implied? He should deposit his eruv tavshilin on Thursday and say, "If today is a holiday, and tomorrow is a weekday, I will cook and bake for the Sabbath tomorrow, for there is no requirement. If today is a weekday, and tomorrow is a holiday, with this eruv I will be permitted to bake and to cook tomorrow, on the holiday, for the Sabbath."31
Halacha 12
To cite a similar example: when a person possesses two baskets of produce from which terumah was not separated, on the first day of the holiday he should say,32 "If today is a weekday, may this [basket] be consideredterumah for [the other basket]. If today is a holiday, then may my words be of no consequence." He should then designate [the basket as terumah] and leave it.
On the second day [of the holiday], he should return and say, "If today is a holiday, then may my words be of no consequence. If today is a weekday, may this [basket] be considered terumah for [the other basket]." He should then designate [the same basket as terumah] and leave it as he did on the first day. [After] depositing the basket that he designated as terumah, he may partake of the other one.33
Halacha 13
When does the above apply? With regard to the two days observed as holidays in the diaspora. Concerning the two days observed as the holiday of Rosh HaShanah,34 by contrast, a person who forgot and did not establish aneruv on Wednesday does not have another opportunity to establish [an eruv]. He should either rely on the eruv established by others on his behalf, transfer ownership of his flour to someone who established an eruv, or be forbidden to bake and cook for the Sabbath.
Similarly, a person who did not separate terumah on Wednesday may not separate it until Saturday night.
Halacha 14
The above concepts applied only when the High Court of Eretz Yisrael would sanctify [the new moon] based on the observation [of witnesses],35 and the Jews in the diaspora would celebrate two days [as a holiday] to avoid the doubt, for they did not know the date on which the inhabitants of Eretz Yisraelsanctified [the new moon]. At present, however, the inhabitants of Eretz Yisrael follow a fixed calendar and sanctify [the months accordingly]. Therefore, the second day of a holiday is [observed], not to avoid a doubt, but [to perpetuate] a custom.36
Halacha 15
I therefore maintain that a person may not establish on a conditional basis either an eruv tavshilin, an eruv chatzerot, or a shituf in a lane. Nor may he tithe untithed produce on a conditional basis.37 Instead, he must perform [all such activities] on the day prior to the holiday.
Halacha 16
Just as it is a mitzvah to honor the Sabbath and to take delight in it, so too, do [these obligations apply to] all the holidays,38 as [implied by Isaiah 58:13], "...sanctified unto God and honored."39 [This applies to] all the holidays, for they are called, "holy convocations." We have explained the obligation implied by honor and delight in Hilchot Shabbat.40
Similarly, it is proper for a person not to partake of a [significant] meal on the day before a holiday from mid-afternoon onward, as on Friday.41 For this is also an expression of honor.
Everyone who treats the holidays with disrespect is considered as if he became associated with idol worship.42
Halacha 17
It is forbidden to fast or recite eulogies43 on the seven days of Pesach, the eight days of Sukkot, and the other holidays.44 On these days, a person is obligated to be happy and in good spirits; he, his children, his wife, the members of his household, and all those who depend on him, as [Deuteronomy 16:14] states: "And you shall rejoice in your festivals."
The "rejoicing" mentioned in the verse refers to sacrificing peace offerings, as will be explained in Hilchot Chaggigah.45 Nevertheless, included in [this charge to] rejoice is that he, his children, and the members of his household should rejoice, each one in a manner appropriate for him.
Halacha 18
What is implied?46 Children should be given roasted seeds, nuts, and sweets. For women, one should buy attractive clothes and jewelry according to one's financial capacity. Men should eat meat and drink wine, for there is no happiness without partaking of meat,47nor is there happiness without partaking of wine.48
When a person eats and drinks [in celebration of a holiday], he is obligated to feed converts, orphans, widows,49 and others who are destitute and poor.50 In contrast, a person who locks the gates of his courtyard and eats and drinks with his children and his wife, without feeding the poor and the embittered, is [not indulging in] rejoicing associated with a mitzvah, but rather the rejoicing of his gut.
And with regard to such a person [the verse, Hoshea 9:4] is applied: "Their sacrifices will be like the bread of mourners, all that partake thereof shall become impure, for they [kept] their bread for themselves alone." This happiness is a disgrace for them, as [implied by Malachi 2:3]: "I will spread dung on your faces, the dung of your festival celebrations."
Halacha 19
Although eating and drinking on the holidays are included in the positive commandment [to rejoice], one should not devote the entire day to food and drink. The following is the desired practice:
In the morning, the entire people should get up and attend the synagogues and the houses of study where they pray and read a portion of the Torah pertaining to the holiday.51 Afterwards, they should return home and eat. Then they should go to the house of study, where they read [from the Written Law] and review [the Oral Law] until noon.
After noon, they should recite the afternoon service and return home to eat and drink for the remainder of the day until nightfall.52
Halacha 20
When a person eats, drinks, and celebrates on a festival, he should not let himself become overly drawn to drinking wine, mirth, and levity, saying, "whoever indulges in these activities more is increasing [his observance of] the mitzvah of rejoicing." For drunkenness,53 profuse mirth, and levity are not rejoicing; they are frivolity and foolishness.
And we were not commanded to indulge in frivolity or foolishness, but rather in rejoicing that involves the service of the Creator of all existence. Thus, [Deuteronomy 28:47] states, "Because you did not serve God, Your Lord, with happiness and a glad heart with an abundance of prosperity." This teaches us that service [of God] involves joy. And it is impossible to serve God while in the midst of levity, frivolity, or drunkenness.54
Halacha 21
The [Jewish] court is obligated to appoint officers who will circulate [among the people] on the festivals and check the gardens, orchards, and river banks to see that men and women do not gather there to eat or to drink, lest they [conduct themselves immodestly and come to] sin.
Similarly, they must warn the people that men and women should not mix at festive gatherings in homes, nor should they overindulge in wine, lest they be led to sin.
Halacha 22
The days between the first and the seventh days of Pesach and [the days between] the first and the eighth days of Sukkot are called Chol HaMo'ed55and are also called mo'ed. In the diaspora,56 there are four days during Pesach and five days during Sukkot.
Although we are obligated to celebrate on these days, and it is forbidden to deliver a eulogy or to fast,57 it is permitted to deliver a eulogy before the corpse of a Torah sage. After he is buried, however, it is forbidden to deliver a eulogy on these days.58
Needless to say that on Rosh Chodesh, on Chanukah, and on Purim we may deliver a eulogy before the corpse of a Torah sage, although it is forbidden to fast or deliver a eulogy on these days.59 After the burial, however, it is forbidden to deliver a eulogy on these days.
Halacha 23
The bier of a corpse should not be left in the street during [Chol Ha]Mo'ed, so that [no one] will be prompted to deliver a eulogy. Instead, it should be taken from the home to the grave.60
We do not observe the rites of mourning during [Chol Ha]Mo'ed.61 Nor does one rend his garments, partake of the meal of solace [served after the burial],62 or bare his shoulder because of a deceased during [Chol Ha]Mo'ed,63 with the exception of the relatives who are obligated to mourn because of him.64
If the deceased was a sage or an upright man,65 or one was present at his death,66 one should rend one's clothes because of his [death] during [Chol Ha]Mo'ed even though one is not related [to the deceased]. We may not rend our garments on the second day of a holiday at all;67 this applies even to the relatives of the deceased.
Halacha 24
During [Chol Ha]Mo'ed women lament, but they may not pound their hands on each other in grief or mourn. Once the corpse is buried, they may not lament. On Rosh Chodesh, Chanukah and Purim, they may lament and pound their hands on each other in grief before the corpse is buried, but they may not mourn.
What is meant by lamenting? That they all lament in unison. What is meant by mourning? That one recites [a dirge] and the others respond in unison.68
It is forbidden for a person to have a eulogy recited for a deceased person thirty days before the festival,69 so that the festival will not arrive when he is sad, and his heart is grieved and hurting, because of the memory of [his] agony. Instead, he should remove the grieving from his heart and direct his attention toward joy.
FOOTNOTES
1.
The Beit Yosef (Orach Chayim 527) explains that the Rambam understands that scriptural law permits preparing for the Sabbath on a holiday. As support, he cites Pesachim 46b, which makes an explicit statement to that effect.
Tosafot (Pesachim, loc. cit.) differs and offers an alternative interpretation of that passage, and states that scriptural law forbids preparing for the Sabbath on a holiday. Nevertheless, this prohibition applies only when there is no time to benefit from this food on the holiday itself.
The Magen Avraham 527:1 states that the Rambam also accepts the latter position. [One might reach such a conclusion from the Rambam's statements in his Commentary on the Mishnah (Beitzah 1:1).] Most of the later authorities, however, agree with the Beit Yosef's interpretation of the Rambam's view. (See Be'ur Halachah 527.)
2.
The Rambam's ruling follows the opinion of Rav Ashi (Beitzah 15b). That passage also mentions the view of Ravva, who maintains that the requirement for an eruv was instituted as a measure of respect for the Sabbath, to ensure that one remembers to leave a fine portion of food for the Sabbath. (See Shulchan Aruch HaRav 527:2.)
3.
I.e., an eruv chatzerot, as described in the first five chapters of Hilchot Eruvin.
4.
The Ra'avad rejects the rationale offered by the Rambam and gives another explanation: Eruvmeans "mixture," and this portion of food enables the combining together of the activities necessary to prepare for the Sabbath and for the holiday.
The Maggid Mishneh clarifies the Rambam's view, stating that the name eruv is appropriate only for an eruv chatzerot. Nevertheless, since both an eruv t'chumim and an eruv tavshilin involve a distinction that is created through depositing a portion of food, the Rabbis applied this term to those halachic institutions.
5.
The Maggid Mishneh notes that according to the Rambam, it appears that it is not necessary to include bread in one's eruv at all. This view is shared by the Ramban and the Rashba. TheMaggid Mishneh adds, however, that it is nevertheless customary to include bread in the eruv. Rabbenu Tam (Sefer HaYashar, section 392) and the Halachot Gedolot, by contrast, require that bread be included. (Their rationale is that since one desires both to cook and to bake on the festival for the Sabbath, the eruv should included both cooked food and bread which was baked.)
The Shulchan Aruch (Orach Chayim 527:2) states that at the outset, it is proper to include both bread and a portion of cooked food in the eruv. After the fact, however, the eruv is acceptable even if bread is not included. This ruling is accepted by the later authorities.
6.
The Maggid Mishneh states that fruit is also excluded. This applies to fruit that is eaten raw. With regard to cooked fruit, the ruling depends on the local practice of whether or not it is customary to eat this together with meat. (Shulchan Aruch HaRav 527:11; Mishnah Berurah 527:18).
7.
It is, however, customary to do so to fulfill the mitzvah behiddur, "in a manner that is becoming" (Mishnah Berurah 527:8).
8.
I.e., leftovers that one discovered when scraping the pot clean.
9.
Shulchan Aruch HaRav 527:13 and the Mishnah Berurah 527:20 state that it is somewhat disrespectful to the mitzvah to use such foods, and this should be done only when one has no other food available.
10.
I.e., although at times the term "cooked" has a distinct meaning - "prepared in water over a fire" - and is used to the exclusion of these other forms of preparing food.
11.
See Hilchot Shabbat 9:3 and the Rambam's Commentary on the Mishnah (Machshirin 6:3).
12.
After one has completed all one's Sabbath preparations, one may eat the eruv before the commencement of the Sabbath (Shulchan Aruch, Orach Chayim 527:16). Nevertheless, it is customary to use the loaf of bread utilized for the eruv as lechem mishneh, the second loaf, for the Friday night meal and the Sabbath morning meal, and to partake of it during Se'udah Shelishit, the third Sabbath meal. The rationale: Since it was used for one mitzvah, it is proper to use it for others (Maharil, Shulchan Aruch HaRav 527:25; Mishnah Berurah 527:48).
13.
The Ra'avad notes that one can set aside the food one prepared for the holiday before the eruvwas lost, and use that for the Sabbath, and prepare new food for the holiday. This is permitted even when one has completed all of one's preparations for the holiday. The Shulchan Aruch (loc. cit.:18) quotes this principle.
14.
Our translation follows the understanding of the Rambam's statements as reflected in theShulchan Aruch (loc. cit.:17). The Rishon LeTzion offers a different interpretation: that once one has started cooking or baking, one may continue preparation of the entire meal even if the eruv is lost. This view is not, however, accepted by the later authorities. (See also the Hagahot Maimoniot.) The authorities do, nevertheless, allow one to continue preparing an entire dish of food even when one had just begun the first stages of preparation before the eruv was lost.
15.
See Hilchot Eruvin 1:20, 6:19-21.
16.
E.g., a person's wife, his adult sons and daughters, and his Jewish servants and maid-servants (ibid.).
17.
E.g., a person's children below the age of majority and his non-Jewish servants (ibid.).
18.
The rationale is that having a portion in an eruv tavshilin is to a person's advantage, and a person may grant a colleague an advantage without his direct knowledge.
19.
Indeed, this is the custom reflected in the statement establishing an eruv tavshilin, which is included in all normal printed siddurim. That statement establishes an eruv for everyone in the entire city. It must, however, be emphasized that reciting the statement itself is not sufficient. As mentioned in the previous halachah, it is necessary to have another person acquire a share in theeruv on behalf of the others.
20.
The following rules apply when a person lives outside a city's holiday limits, but lives close enough to reach the city on a holiday if he establishes an eruv t'chumim: If the person making the eruv tavshilin made an explicit statement including the person living outside the city limits, he may rely on the eruv. Otherwise, he may not [Maggid Mishneh; Ramah (Orach Chayim 527:8)].
21.
In this context, it is necessary to quote the ruling of the Shulchan Aruch (loc. cit.:7):
It is a mitzvah for every person to establish an eruv, and it is a mitzvah for the Torah leader of the community to establish an eruv on behalf of all the inhabitants of his community, so that a person who forgot to establish an eruv or was prevented from doing so, or who established an eruv that was later lost may rely upon it.
When, however, a person could establish an eruv, but fails to do so, because he desires to rely on the eruv established by the community's Torah leader, he is considered negligent, and may not rely on that eruv.
22.
Although this commandment is Rabbinic in origin, it is proper to praise God, for He commanded us to follow the instructions of our Sages. (See Hilchot Eruvin 1:16; Hilchot Berachot 11:3.)
23.
This applies in Eretz Yisrael, where the holidays are celebrated for one day only. In the diaspora, one omits the word "tomorrow" unless the holiday is celebrated on Friday and on the Sabbath. In that instance, one must establish an eruv on Thursday to be able to cook for the Sabbath on Friday, and the word "tomorrow" is in place.
24.
It is customary to add "...to put away a dish to preserve its heat, to kindle a flame, and to prepare and perform on the holiday everything necessary for the Sabbath."
25.
A formal transfer of ownership is required. The person acquiring the provisions must draw them into his own property or lift them up with the intent of acquiring them. It is not sufficient to acquire them by virtue of the transfer of a handkerchief (Shulchan Aruch HaRav 527:28; Mishnah Berurah527:60).
26.
The Tur [(Orach Chayim 527), based on Beitzah 21b] states that if there is no one who established an eruv to whom he could transfer ownership of his provisions, he is permitted to bake one loaf of bread, cook one type of food, and light one candle.
The Beit Yosef (Orach Chayim 527) explains that the Rambam does not accept this ruling. Nevertheless, the Beit Yosef continues, some authorities are even more lenient and extend this option even when there are people who have established eruvin upon whom one might rely.
In his Shulchan Aruch (Orach Chayim 527:20), Rav Yosef Karo quotes both views, but appears to favor that of the Rambam. Shulchan Aruch HaRav 527:29 and the Mishnah Berurah 527:61 cite the leniency mentioned by the Beit Yosef.
27.
I.e., he cooked two types of food - one to be eaten on the holiday and one to be eaten on the Sabbath - or invited guests he knew would not come. It is permitted to cook a large quantity of food for the holiday and eat the remainder on the Sabbath (Shulchan Aruch, Orach Chayim529:21). Moreover, there are opinions that one may cook several types of food, thus providing one with different food for the Sabbath as well, provided that one partakes of it on the holiday.Shulchan Aruch HaRav 527:27 and the Mishnah Berurah 527:68 state that the commonly accepted practice is to follow the latter leniency.
28.
Although the rationale given for this leniency applies primarily with regard to the willful transgression of the law, the Ramah (Orach Chayim 527:23) states that even when a person violated the prohibition unknowingly, and cooked food for the Sabbath on a holiday, he is permitted to partake of it.
29.
For others will emulate this undesirable example.
30.
As explained in Halachah 14, this and the following halachah apply, because the celebration of the second day of the holiday was instituted as a result of the doubt regarding the day on which it should be celebrated. Therefore, one of the two days was in fact an ordinary weekday.
31.
See Hilchot Eruvin 8:14, which states that similar principles also apply with regard to an eruv chatzerot. An eruv t'chumim, by contrast, cannot be established in a conditional manner.
32.
For it is forbidden to separate terumah on a holiday, as stated above, Chapter 4, Halachah 26.
33.
For the separation of the terumah on either the first or the second day is thus valid.
34.
As explained in Chapter 1, Halachah 24, in contrast to the other holidays, the two days of Rosh HaShanah are considered a single continuum of holiness. They are given this status because Rosh HaShanah was always observed for two days, even in Eretz Yisrael itself.
35.
See Hilchot Kiddush HaChodesh, Chapter 1.
36.
See Hilchot Kiddush HaChodesh 5:5.
37.
The Rambam's logic is that in the era when the sanctification of the moon was dependent on the testimony of witnesses, the observance of the second day of a holiday was necessary because of the doubt regarding the Scriptural commandment (safek d'oraita). At present, there is no doubt; the second day is observed, because of a Rabbinical decree. Thus, one cannot say, "If today is a weekday," for neither of the days is a weekday: the first is a holiday according to Scriptural law, and the second is a holiday according to Rabbinic law.
The Ra'avad voices his appreciation of the Rambam's logic, but states that in practice, the custom has been to continue making conditional statements as was done in previous generations. TheShulchan Aruch (Orach Chayim 527:22) cites the Ra'avad's view. In his Beit Yosef (Orach Chayim 528) Rav Yosef Karo explains the more lenient view, stating that when instituting the observance of the second day of the holidays in the present era, our Sages did not require its observance to be more stringent than it was originally. Since such conditional statements were originally acceptable, they are also acceptable in the present era.
38.
The B'nei Binyamin notes that several later authorities differ with regard to whether a holiday could be termed a Sabbath or not. (See P'nei Yehoshua, et al., at the conclusion of the fourth chapter ofBeitzah.) Nevertheless, the Rambam's emphasis is not that the holidays are "Sabbaths," but that they are sanctified.
39.
Although the proof-text states, "And you shall call the Sabbath 'A delight, sanctified unto God'...," it also applies to holidays, for they are also called "sanctified" by the Torah.
40.
Chapter 30. Honor involves preparing one's home and one's garments for the Sabbath. Delight involves partaking of fine foods, and carrying out other activities that lead to physical satisfaction.
41.
See Hilchot Shabbat 30:4, which explains that this restriction was instituted so that one will enter the Sabbath (in this instance, the holiday) with an appetite.
Mid-afternoon refers to nine seasonal hours after daybreak - i.e., 3 PM, on a day that begins at 6 AM and ends at 6 PM. This time will change throughout the year, becoming later in the summer and earlier in the winter.
42.
Pesachim 118a notes that Exodus 34:17 states, "Do not make molten images for yourselves," and continues "observe the festival of matzot," establishing a connection between the two mitzvot.
Significantly, the Rashbam interprets this as referring to someone who works on the intermediate days of a festival. (See also Hilchot Teshuvah 3:14, which states that such a person is not granted a portion in the World-to-Come.)
43.
For these activities run contrary to the spirit of rejoicing that must be encouraged on the festivals. The laws of mourning on the festivals are discussed in Hilchot Eivel, Chapter 10.
44.
With this wording, the Rambam emphasizes that this prohibition also applies on the days of Chol HaMo'ed of Pesach and Sukkot. The other holidays the Rambam refers to are Rosh HaShanah and Shavuot.
The designation of Rosh HaShanah as a day of rejoicing - despite the fact that it is "the day of judgment" when we join in the collective acceptance of God as King - is reflected in Nechemiah 8:10, which records the charge Ezra and Nechemiah gave to the people: "Eat sumptuously, drink sweet beverages, and send portions to those who have none... for the joy of God is your strength" (based on a responsum of the Rambam's grandson, Rav Yehoshua HaNagid).
45.
Hilchot Chaggigah 1:1 explains that in addition to the peace offerings referred to as korban chaggigah, other peace offerings should be sacrificed, so that one will partake of sacrificial meat during the holiday. These are referred to as shalmei simchah (peace offerings of joy) and the Rambam associates partaking of them with the mitzvah to "rejoice on your festivals."
46.
I.e., what are the activities that will arouse happiness? Cognizant that an emotion cannot be commanded at will, our Sages required that on the holidays a person work on creating a setting that will naturally spur happiness to ensue.
47.
The commentaries have raised questions on the Rambam's statements, based on Pesachim109a, which states that during the time of the Temple, "there is no happiness without partaking of meat," this referring to sacrificial meat, as Deuteronomy 27:7 states, "And you shall sacrifice peace offerings... and you shall rejoice." After the destruction of the Temple, "there is no happiness without partaking of wine." No mention is made of the importance of eating non-sacrificial meat on the holidays.
Shulchan Aruch HaRav 529:7 explains that at present there is a greater obligation to drink wine than to eat meat. Nevertheless, since most people derive pleasure from eating meat, it is proper to partake of meat on the holidays.
48.
The intent is not that one's festive pleasure should be eating and drinking, as indicated by the following halachot. Instead, the intent is that a person should create an atmosphere of rest, relaxation, and happiness so that he can direct his attention to spiritual matters.
49.
When relating the command to rejoice on the festivals, Deuteronomy 16:14 states, "You shall rejoice on your festival together with your son and your daughter, your male and your female servants, the Levite, the convert, the orphan, and the widow." The Torah thus links the happiness one shares with the members of one's household with one's generosity in inviting the unfortunate to join in this rejoicing.
See also Hilchot Megillah 2:17, which states:
There is no greater and more splendid happiness than to gladden the hearts of the poor, the orphans, the widows, and the converts.
One who brings happiness to the hearts of these unfortunates resembles the Divine Presence, which [Isaiah 57:15] describes [as having the tendency] "to revive the spirit of the lowly and... those with broken hearts."
50.
The Mishnah Berurah 529:17 mentions that in addition to inviting guests to one's festive table, a collection should also be made before the holiday to provide for the holiday needs of poor people who are too embarrassed to ask for hospitality.
51.
See Hilchot Tefillah, Chapter 13, where the Torah portions associated with each holiday are mentioned.
52.
The Rambam's statements follow the general guidelines given by Beitzah 15b, which states:Deuteronomy 16:18 refers to the festivals as "a gathering for God, your Lord," while Numbers 29:35 uses the expression, "A gathering for yourselves." What should be done? Divide them, half to God, and half to yourselves.
53.
With regard to drunkenness, note the Rambam's statements in Hilchot De'ot 5:2, and in the Guide for the Perplexed, Vol. III, chapter 8.
54.
There are two dimensions reflected by the Rambam's statements:
a) the absolute negation of the hollow elation of frivolity;
b) the appreciation of the positive value of genuine happiness as an element of the service of God.
The latter concept receives greater focus in the conclusion of Hilchot Lulav, where the Rambam states:
The happiness with which a person should rejoice in the fulfillment of the mitzvot and the love of God who commanded them is a great service.... There is no greatness or honor other than celebrating before God.
55.
Chol means "ordinary" or "weekday" in Hebrew and HaMo'ed means "the festival." Thus, the term means "the ordinary days of the festival." For the Torah tells us that the festivals of Pesach and Sukkot should be celebrated for seven and eight days respectively, but states that only the first and last days should be regarded as holidays. The observance of these "ordinary days of the festival" is the focus of the remainder of the text.
56.
Where the first day of each holiday is celebrated for an extra day.
57.
See Hilchot Ta'aniot 1:7.
58.
See Hilchot Eivel 11:5. The Ra'avad adds that a eulogy may be recited on the day when a community hears about a sage's death. The Rambam mentions this concept in Hilchot Eivel.
59.
See Hilchot Megillah 2:13; Hilchot Chanukah 3:3.
60.
The mitzvah of l'vayah, accompanying the deceased, is carried out on Chol HaMo'ed. What is not done is to remain in a single place for a prolonged time.
61.
Mo'ed Katan 14b states that since the mitzvah of celebrating on the festivals is incumbent on the entire Jewish community as a whole, it takes precedence over the obligation of individuals to mourn.
62.
Even the relatives who partake of this meal should sit on ordinary chairs (Mo'ed Katan 3:7).
63.
The Shulchan Aruch (Yoreh De'ah 340:16) states that one may bare one's shoulders in honor of any deceased person, and one must do so in honor of one's parents. At present, however, this custom is not followed at all even during an ordinary week (Ramah, loc. cit.:17).
64.
I.e., the deceased's parents, spouse, brothers and sisters (this includes half-brothers and half-sisters), and children.
65.
The Ramah (Yoreh De'ah 340:6) differs and states that at present it is not customary to rend one's garments because of a person's death unless one was present at the actual moment of death. This applies throughout the year as well as during Chol Hamoed.
66.
This applies even if the deceased's conduct was unworthy (Shulchan Aruch, Yoreh De'ah 340:5). The Ramah adds that if the person was wont to commit any particular sin, there is no need to rend one's garments because of him.
67.
Although we are permitted to perform all the forbidden labors necessary to bury a corpse (Chapter 1, Halachot 22-24), rending one's garments is forbidden.
68.
See Hilchot Eivel 11:5.
69.
In Hilchot Eivel 11:6, the Rambam interprets this as referring to a eulogy recited for a person who died more than thirty days before the festival. If a person dies within thirty days of the festival, a eulogy may be recited. This distinction is quoted by the Shulchan Aruch (Orach Chayim 547:3).
This refers even to a eulogy recited without a fee, following the view of Shmuel (Mo'ed Katan 8a).
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Hayom Yom:

English Text | Video Class
• Shabat, Tevet 28, 5776 · 09 January 2016
"Today's Day"
Tuesday Tevet 28* 5703
Torah lessons: Chumash: Va'eira, Shlishi with Rashi.
Tehillim: 135-139.
Tanya: Now we can understand (p. 61)..."Be righteous." (p. 63).
The published version of Sefer Hachakira (Derech Emuna) of the Tzemach Tzedek lacks many glosses. He composed it in connection with his trips to Petersburg where he had to answer many questions on those subjects.1
FOOTNOTES
*.This day marks the birth, in 5640 (1880) of Rebbetzin Chana of blessed memory, mother of the Rebbe of righteous memory.
1.See "The Tzemach Tzedek and the Haskalah Movement," Kehot.
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• Daily Thought:
Compassion
What is the difference between kindness and compassion?
Kindness gives to another.
Compassion knows no “other.”
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