Torah Reading
Ki Tisa: Exodus 30:11 Adonai said to Moshe, 12 “When you take a census of the people of Isra’el and register them, each, upon registration, is to pay a ransom for his life to Adonai, to avoid any breakout of plague among them during the time of the census. 13 Everyone subject to the census is to pay as an offering to Adonai half a shekel [one-fifth of an ounce of silver]— by the standard of the sanctuary shekel (a shekel equals twenty gerahs). 14 Everyone over twenty years of age who is subject to the census is to give this offering to Adonai — 15 the rich is not to give more or the poor less than the half-shekel when giving Adonai’s offering to atone for your lives. 16 You are to take the atonement money from the people of Isra’el and use it for the service in the tent of meeting, so that it will be a reminder of the people of Isra’el before Adonai to atone for your lives.”
17 Adonai said to Moshe, 18 “You are to make a basin of bronze, with a base of bronze, for washing. Place it between the tent of meeting and the altar, and put water in it. 19 Aharon and his sons will wash their hands and feet there 20 when they enter the tent of meeting — they are to wash with water, so that they won’t die. Also when they approach the altar to minister by burning an offering for Adonai, 21 they are to wash their hands and feet, so that they won’t die. This is to be a perpetual law for them through all their generations.”
Daily Quote:Intellect and excitement are two separate worlds. Intellect--a world cold and settled; excitement--a world seething and impetuous. Man's avoda (service of G-d) is to combine them, unite them. The impetuousness then becomes transformed into a longing, and the intellect into the guide in a life of service and action.[Rabbi Yosef Yitzchak of Lubavitch (quoted in Hayom Yom, Shevat 12)]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Tisa, 2nd Portion Exodus 31:18-33:11 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 31
18When He had finished speaking with him on Mount Sinai, He gave Moses the two tablets of the testimony, stone tablets, written with the finger of God. יחוַיִּתֵּ֣ן אֶל־משֶׁ֗ה כְּכַלֹּתוֹ֙ לְדַבֵּ֤ר אִתּוֹ֙ בְּהַ֣ר סִינַ֔י שְׁנֵ֖י לֻחֹ֣ת הָֽעֵדֻ֑ת לֻחֹ֣ת אֶ֔בֶן כְּתֻבִ֖ים בְּאֶצְבַּ֥ע אֱלֹהִֽים:
He gave Moses: In the Torah, chronological order is not adhered to. The episode of the calf took place long before the command of the work of the Mishkan. For on the seventeenth of Tammuz the tablets were broken, and on Yom Kippur the Holy One, blessed is He, was reconciled to Israel. On the morrow [i.e., on the eleventh of Tishri], they commenced with the donation for the Mishkan, and it [the Mishkan] was erected on the first of Nissan. -[from Midrash Tanchuma, Ki Thissa 31] ויתן אל משה וגו': אין מוקדם ומאוחר בתורה. מעשה העגל קודם לצווי מלאכת המשכן ימים רבים היה, שהרי בשבעה עשר בתמוז נשתברו הלוחות, וביום הכפורים נתרצה הקב"ה לישראל, ולמחרת התחילו בנדבת המשכן והוקם באחד בניסן:
When He had finished: Heb. כְּכַלֹתוֹ. [This word should be spelled כְּכַלּוֹתוֹ. Here, however,] it is spelled defectively [without the first “vav”], as if to be read: כְּכַלָּתוֹ, [meaning] like his bride, for the Torah was delivered to him [Moses] as a gift, as a bride [is given] to a bridegroom, because [otherwise] he could not have learnt it all in such a short time (Tanchuma, Ki Thissa 18). Another explanation: Just as a bride is adorned with twenty-four ornaments [i.e.,] the ones listed in the book of Isaiah (3:18-22), so too must a Torah scholar be adorned with the twenty-four books [of the Scriptures, i.e., possess the knowledge of the entire Scriptures] (Tanchuma, Ki Thissa 16). ככלתו: ככלתו כתיב חסר, שנמסרה לו תורה במתנה ככלה לחתן, שלא היה יכול ללמוד כולה בזמן מועט כזה. דבר אחר מה כלה מתקשטת בעשרים וארבעה קשוטין, הן האמורים בספר ישעיה (ישעיה ג יח - כד) אף תלמיד חכם צריך להיות בקי בעשרים וארבעה ספרים:
speaking with him: the statutes and the ordinances in the section entitled: “And these are the ordinances” (Exod. 21-23) [i.e., in parshath Mishpatim]. לדבר אתו: החקים והמשפטים שבואלה המשפטים:
speaking with him: [The word “with”] teaches [us] that Moses would hear [the laws] from God and then they would both repeat the halachah together. -[from Exod. Rabbah 41:5] לדבר אתו: מלמד שהיה משה שומע מפי הגבורה וחוזרין ושונין את ההלכה שניהם יחד:
tablets: Heb. לֻחֹת. It is spelled לֻחֹת [without the “vav” of the plural, as if to be read לֻחַת, the singular form,] because they were both the same [size]. -[from Exod. Rabbah 41:6] לחת: לחת כתיב שהיו שתיהם שוות:
Exodus Chapter 32
1When the people saw that Moses was late in coming down from the mountain, the people gathered against Aaron, and they said to him: "Come on! Make us gods that will go before us, because this man Moses, who brought us up from the land of Egypt we don't know what has become of him." אוַיַּ֣רְא הָעָ֔ם כִּֽי בשֵׁ֥שׁ משֶׁ֖ה לָרֶ֣דֶת מִן־הָהָ֑ר וַיִּקָּהֵ֨ל הָעָ֜ם עַל־אַֽהֲרֹ֗ן וַיֹּֽאמְר֤וּ אֵלָיו֙ ק֣וּם | עֲשֵׂה־לָ֣נוּ אֱלֹהִ֗ים אֲשֶׁ֤ר יֵֽלְכוּ֙ לְפָנֵ֔ינוּ כִּי־זֶ֣ה | משֶׁ֣ה הָאִ֗ישׁ אֲשֶׁ֤ר הֶֽעֱלָ֨נוּ֙ מֵאֶ֣רֶץ מִצְרַ֔יִם לֹ֥א יָדַ֖עְנוּ מֶה־הָ֥יָה לֽוֹ:
that Moses was late: Heb. בשֵׁשׁ, as the Targum [Onkelos] renders אוֹחַר, an expression for lateness. Likewise, [in the verse] “is his chariot late (בֹּשֵׁשׁ) ” (Jud. 5:28); “and they waited until it was late (בּוֹשׁ) ” (Jud. 3:25). When Moses went up the mountain, he said to them [the Israelites], “At the end of forty days I will come, within six hours” [from sunrise of the fortieth day]. They thought that the day he went up was included in the number [of the forty days], but [in fact] he had said to them, “forty days,” [meaning] complete [days], including the night. But the day of his ascent did not have its night included with it [because Moses ascended in the morning], for on the seventh of Sivan he ascended. Thus, the fortieth day [of Moses’ absence] was the seventeenth of Tammuz. On the sixteenth [of Tammuz], Satan came and brought confusion into the world and showed a semblance of darkness, [even] pitch darkness, and confusion, [as if] indicating [that] Moses had surely died and therefore, confusion had come upon the world. He [Satan] said to them, “Moses has died, for six [additional] hours have already passed, and he has not come, etc.,” as is found in tractate Shabbath (89a). We cannot say that their [the Israelites’] only error was that on a cloudy day [they were confused] between before noon and after noon, because Moses did not descend until the next day, as it is said: “On the next day, they arose early, offered up burnt offerings…” (verse 6). כי בשש משה: כתרגומו, לשון איחור, וכן בשש רכבו, (שופטים ה כח), ויחילו עד בוש (שם ג כה) כי כשעלה משה להר אמר להם לסוף ארבעים יום אני בא בתוך שש שעות. כסבורים הם, שאותו יום שעלה מן המנין הוא, והוא אמר להם שלימים, ארבעים יום ולילו עמו, ויום עלייתו אין לילו עמו, שהרי בשבעה בסיון עלה, נמצא יום ארבעים בשבעה עשר בתמוז. בששה עשר בא השטן וערבב את העולם והראה דמות חשך ואפילה וערבוביא לומר ודאי מת משה, לכך בא ערבוביא לעולם. אמר להם מת משה, שכבר באו שש שעות ולא בא וכו', כדאיתא במסכת שבת (דף פט). ואי אפשר לומר שלא טעו אלא ביום המעונן בין קודם חצות בין לאחר חצות, שהרי לא ירד משה עד יום המחרת, שנאמר וישכימו ממחרת ויעלו עולות:
that will go before us: אִשֶׁר יֵלְכוּ לְפָנֵינוּ [The word יֵלְכוּ is in the plural form.] They desired many deities for themselves. -[from Sanh. 63a] אשר ילכו לפנינו: אלהות הרבה איוו להם:
because this man Moses: Satan showed them something resembling Moses, being carried in the air, high above in the sky. -[from Shab. 89a, Midrash Tanchuma 19] כי זה משה האיש: כמין דמות משה הראה להם השטן, שנושאים אותו באויר רקיע השמים:
who brought us up from the land of Egypt: And directed us the way we should go up [from Egypt]. Now we need gods who will go before us [instead of Moses]. אשר העלנו מארץ מצרים: והיה מורה לנו דרך, אשר נעלה בה, עתה צריכין אנו לאלהות, אשר ילכו לפנינו:
2Aaron said to them, "Remove the golden earrings that are on the ears of your wives, your sons, and your daughters and bring them [those earrings] to me." בוַיֹּ֤אמֶר אֲלֵהֶם֙ אַֽהֲרֹ֔ן פָּֽרְקוּ֙ נִזְמֵ֣י הַזָּהָ֔ב אֲשֶׁר֙ בְּאָזְנֵ֣י נְשֵׁיכֶ֔ם בְּנֵיכֶ֖ם וּבְנֹֽתֵיכֶ֑ם וְהָבִ֖יאוּ אֵלָֽי:
that are on the ears of your wives…: Aaron said to himself, “The women and children are fond of their jewelry. Perhaps the matter will be delayed, and in the meantime, Moses will arrive.” But they did not wait [for their wives and children to give them their earrings], and they took off their own [earrings]. -[from Midrash Tanchuma 21] באזני נשיכם: אמר אהרן בלבו הנשים והילדים חסים על תכשיטיהן, שמא יתעכב הדבר, ובתוך כך יבא משה, והם לא המתינו ופרקו מעל עצמן:
Remove: Heb. פָּרְקוּ, an imperative expression, from the same root as פָּרֵק in the singular. [This is] like בָּרְכוּ, bless, [which is] from the same root as בָּרֵ. פרקו: לשון צווי, מגזרת פרק ליחיד, כמו ברכו, מגזרת ברך:
3And all the people stripped themselves of the golden earrings that were on their ears and brought them to Aaron. גוַיִּתְפָּֽרְקוּ֙ כָּל־הָעָ֔ם אֶת־נִזְמֵ֥י הַזָּהָ֖ב אֲשֶׁ֣ר בְּאָזְנֵיהֶ֑ם וַיָּבִ֖יאוּ אֶל־אַֽהֲרֹֽן:
stripped themselves: Heb. וַיִתְפָּרְקוּ, an expression [used for] unloading a burden. When they removed them [the earrings] from their ears, they were found to be unloaded of their earrings, descharyer in Old French [decharger in modern French], to unload. ויתפרקו: לשון פריקת משא, כשנטלום מאזניהם נמצאו הם מפורקים מנזמיהם, דישקריי"ר בלעז (לפרוק):
of the golden earrings: Heb. אֶת-נִזְמֵי, like מִנַּזְמֵי, similar to “When I leave the city (אֶת-הָעִיר) ” (Exod. 9:29), [like] מִן-הָעִיר, [lit., when I go out of the city]. את נזמי: כמו מנזמי, כמו (שמות ט כט) כצאתי את העיר, מן העיר:
4He took [them] from their hand[s], fashioned it with an engraving tool, and made it into a molten calf, upon which they said: "These are your gods, O Israel, who have brought you up from the land of Egypt!" דוַיִּקַּ֣ח מִיָּדָ֗ם וַיָּ֤צַר אֹתוֹ֙ בַּחֶ֔רֶט וַיַּֽעֲשֵׂ֖הוּ עֵ֣גֶל מַסֵּכָ֑ה וַיֹּ֣אמְר֔וּ אֵ֤לֶּה אֱלֹהֶ֨יךָ֙ יִשְׂרָאֵ֔ל אֲשֶׁ֥ר הֶֽעֱל֖וּךָ מֵאֶ֥רֶץ מִצְרָֽיִם:
fashioned it with an engraving tool: Heb. וַיָּצַר אֹתוֹ בַּחֶרֶט. This [clause] can be rendered in two ways: One is [that] וַיָָּצַר is an expression of tying, and בַּחֶרֶט is an expression meaning a kerchief, similar to “and the tablecloths and the purses (וְהַחִרִיטִים) ” (Isa. 3:22); “and he tied two talents of silver in two purses (חִרִטִים) ” (II Kings 5:23). The second [way of rendering it] is [that] וַיָּצַר is an expression meaning a form, and בַּחֶרֶט is the tool of the smiths, with which they cut out and engrave (חוֹרְטִין) forms in gold. [The tool is] like a scribe’s stylus, which engraves letters on tablets and wax-covered tablets, as “and inscribe on it with a common pen (בְּחֶרֶט אֱנוֹשׁ) ” (Isa. 8:1). This [second interpretation] is what Onkelos rendered: וְצַר יָתֵיהּ בְּזִיפָא, an expression of זִיוּף, a tool with which people engrave letters and designs, known in French as nielle, niello work. With it, signets are engraved. ויצר אותו בחרט: יש לתרגמו בשני פנים האחד, ויצר לשון קשירה, בחרט לשון סודר, כמו (ישעיה ג כא) והמטפחות והחריטים, (מלכים ב ה כג) ויצר ככרים כסף בשני חריטים. והשני, ויצר לשון צורה, בחרט כלי אומנות הצורפין, שחורצין וחורטין בו צורות בזהב כעט סופר החורט אותיות בלוחות ופנקסין, כמו (ישעיה ח א) וכתוב עליו בחרט אנוש. וזהו שתרגם אונקלוס וצר יתיה בזיפא, לשון זיוף הוא כלי אומנות שחורצין בו בזהב אותיות ושקדים, שקורין בלעז ניאי"ל [תצריב שחור] ומזייפין על ידו חותמות:
a molten calf -: As soon as they had cast it into the fire of the crucible, the sorcerers of the mixed multitude who had gone up with them from Egypt came and made it with sorcery. [See commentary on Exod. 12:38.] Others say that Micah was there, who had emerged from the layer of the building where he had been crushed in Egypt. (Sanh. 101b). In his hand was a plate upon which Moses had inscribed “Ascend, O ox; ascend, O ox,” to [miraculously] bring up Joseph’s coffin from the Nile. They cast it [the plate] into the crucible, and the calf emerged. -[from Midrash Tanchuma 19] עגל מסכה: כיון שהשליכו לכור, באו מכשפי ערב רב שעלו עמהם ממצרים ועשאוהו בכשפים ויש אומרים מיכה היה שם שיצא מתוך דמוסי בנין שנתמעך בו במצרים, והיה בידו שם, וטס שכתב בו משה עלה שור, עלה שור, להעלות ארונו של יוסף מתוך נילוס, והשליכו לתוך הכור ויצא העגל:
molten: Heb. מַסֵּכָה, an expression related to מַךְתֶּכֶת, metal, [both derived from roots meaning to pour]. Another interpretation: One hundred and twenty-five centenaria of gold were in it, like the gematria of מַסֵּכָה. 40= מ, 60= ס, 20= כ, 5= ה, totaling 125] -[from Midrash Tanchuma 19] מסכה: לשון מתכת. דבר אחר מאה עשרים וחמשה קנטרין זהב היה בו, כגימטריא של מסכה:
These are your gods: But it does not say, “These are our gods.” -[from here [we learn] that the mixed multitude who had come up from Egypt were the ones who gathered against Aaron, and they were the ones who made it [the calf]. Afterwards, they caused the Israelites to stray after it. -[from Midrash Tanchuma 19] אלה אלהיך: ולא נאמר אלה אלהינו, מכאן שערב רב שעלו ממצרים, הם שנקהלו על אהרן, והם שעשאוהו, ואחר כך הטעו את ישראל אחריו:
5When Aaron saw [this], he built an altar in front of it, and Aaron proclaimed and said: "Tomorrow shall be a festival to the Lord." הוַיַּ֣רְא אַֽהֲרֹ֔ן וַיִּ֥בֶן מִזְבֵּ֖חַ לְפָנָ֑יו וַיִּקְרָ֤א אַֽהֲרֹן֙ וַיֹּאמַ֔ר חַ֥ג לַֽיהֹוָ֖ה מָחָֽר:
When Aaron saw: that it was alive, as it is said: “for the likeness of an ox eating grass” (Ps. 106:20), and he saw that Satan’s work had succeeded, and he had no words to stall them completely [i.e., to keep the Israelites from worshipping the calf, so then] וירא אהרן: שהיה בו רוח חיים, שנאמר (תהלים קו כ) בתבנית שור אוכל עשב, וראה שהצליח מעשה שטן, ולא היה לו פה לדחותם לגמרי:
he built an altar: to stall them. ויבן מזבח: לדחותם:
and said: “Tomorrow shall be a festival to the Lord.”: But [it will] not [be] today. Perhaps Moses would come before they would worship it. This is its simple meaning. Its midrashic meaning in Leviticus Rabbah (10:3) is [as follows]: Aaron saw many things. He saw his sister’s son Hur, who had reproved them [the Israelites], and they assassinated him. That is [the meaning of] וַיִּבֶן, [an expression of בִּינָה, understanding]. מִזְבֵּח לְפָנָיו [should be understood as if it were written] וַיִבֶן מִזָָּבוּחַ לְפָנָיו, [meaning] he understood from the slaughtered one in front of him. Moreover, he saw [the situation] and said, “Better I should be blamed and not they.” He also “saw” another thing and said, “If they build the altar [themselves], one will bring pebbles and [another] one will bring a stone. Thus, their work will be done all at once. Since I will build it, and I will neglect my work, in the meantime Moses will arrive.” ויאמר חג לה' מחר: ולא היום, שמא יבא משה קודם שיעבדוהו, זהו פשוטו. ומדרשו בויקרא רבה (ה /י/, ג) דברים הרבה ראה אהרן, ראה חור בן אחותו, שהיה מוכיחם והרגוהו, וזהו ויבן מזבח לפניו - ויבן מזבוח לפניו. ועוד ראה ואמר מוטב שיתלה בי הסירחון ולא בהם, ועוד ראה ואמר אם הם בונים אותו המזבח, זה מביא צרור וזה מביא אבן, ונמצאת מלאכתן נעשית בבת אחת, מתוך שאני בונה אותו ומתעצל במלאכתי, בין כך ובין כך משה בא:
a festival to the Lord: In his heart, he meant Heaven. He was confident that Moses would come, and they would worship the Omnipresent. -[from Lev. Rabbah 10:3] חג לה': בלבו היה לשמים, בטוח היה שיבא משה, ויעבדו את המקום:
6On the next day they arose early, offered up burnt offerings, and brought peace offerings, and the people sat down to eat and to drink, and they got up to make merry. ווַיַּשְׁכִּ֨ימוּ֙ מִמָּֽחֳרָ֔ת וַיַּֽעֲל֣וּ עֹלֹ֔ת וַיַּגִּ֖שׁוּ שְׁלָמִ֑ים וַיֵּ֤שֶׁב הָעָם֙ לֶֽאֱכֹ֣ל וְשָׁת֔וֹ וַיָּקֻ֖מוּ לְצַחֵֽק:
they arose early: Satan roused them so that they would sin. וישכימו: השטן זרזם כדי שיחטאו:
to make merry: Heb. לְצַחֵק. In this word, there is [also] a connotation of sexual immorality, as it is said: “to mock (לְצַחֶק) me” (Gen. 39:17), and bloodshed, as it is said: “Let the boys get up now and play (וִישַׂחִקוּ) before us” (II Sam. 2:14). Here too, Hur was slain. -[from Midrash Tanchuma 20] לצחק: יש במשמע הזה גלוי עריות, כמו שנאמר (בראשית לט יז) לצחק בי, ושפיכות דמים, כמו שנאמר (שמואל ב' ב יד) יקומו נא הנערים וישחקו לפנינו, אף כאן נהרג חור:
7And the Lord said to Moses: "Go, descend, for your people that you have brought up from the land of Egypt have acted corruptly. זוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֑ה לֶךְ־רֵ֕ד כִּ֚י שִׁחֵ֣ת עַמְּךָ֔ אֲשֶׁ֥ר הֶֽעֱלֵ֖יתָ מֵאֶ֥רֶץ מִצְרָֽיִם:
And…said: Heb. וַיְדַבֵּר. [This is] an expression of harshness, like “and he spoke (וַיְדַבֵּר) to them harshly” (Gen. 42:7). וידבר: לשון קושי הוא, כמו (בראשית מב ז) וידבר אתם קשות:
Go, descend: Descend from your high position. I gave you this high position only for their sake (Ber. 32a). At that time, Moses was banished by a decree of the heavenly tribunal (Midrash Tanchuma 22, Exod. Rabbah 42:3). לך רד: מגדולתך, לא נתתי לך גדולה אלא בשבילם. באותה שעה נתנדה משה מפי בית דין של מעלה:
your people…have acted corruptly: Heb. שִׁחֵתעַמְ. It does not say, “The people have acted corruptly,” but “your people.” Those are the mixed multitude whom you accepted on your own initiative, and whom you converted without consulting Me. You said, “It is good that converts cleave to the Shechinah.” They have acted corruptly and have corrupted [others]. -[from Exod. Rabbah 42:6] שחת עמך: שחת העם לא נאמר אלא עמך, ערב רב שקבלת מעצמך וגיירתם ולא נמלכת בי, ואמרת טוב שידבקו גרים בשכינה, הם שחתו והשחיתו:
8They have quickly turned away from the path that I have commanded them; they have made themselves a molten calf! And they have prostrated themselves before it, slaughtered sacrifices to it, and said: 'These are your gods, O Israel, who have brought you up from the land of Egypt.' " חסָ֣רוּ מַהֵ֗ר מִן־הַדֶּ֨רֶךְ֙ אֲשֶׁ֣ר צִוִּיתִ֔ם עָשׂ֣וּ לָהֶ֔ם עֵ֖גֶל מַסֵּכָ֑ה וַיִּשְׁתַּֽחֲווּ־לוֹ֙ וַיִּזְבְּחוּ־ל֔וֹ וַיֹּ֣אמְר֔וּ אֵ֤לֶּה אֱלֹהֶ֨יךָ֙ יִשְׂרָאֵ֔ל אֲשֶׁ֥ר הֶֽעֱל֖וּךָ מֵאֶ֥רֶץ מִצְרָֽיִם:
9And the Lord said to Moses: "I have seen this people and behold! they are a stiff necked people. טוַיֹּ֥אמֶר יְהֹוָ֖ה אֶל־משֶׁ֑ה רָאִ֨יתִי֙ אֶת־הָעָ֣ם הַזֶּ֔ה וְהִנֵּ֥ה עַם־קְשֵׁה־עֹ֖רֶף הֽוּא:
stiff-necked: Heb. קְשֵׁה-עֹרֶף. [This is a description of stubbornness, meaning] they turned the hardness of the backs of their necks toward those who reproved them, and they refused to listen. קשה ערף: מחזרין קשי ערפם לנגד מוכיחיהם, וממאנים לשמוע:
10Now leave Me alone, and My anger will be kindled against them so that I will annihilate them, and I will make you into a great nation." יוְעַתָּה֙ הַנִּ֣יחָה לִּ֔י וְיִֽחַר־אַפִּ֥י בָהֶ֖ם וַֽאֲכַלֵּ֑ם וְאֶֽעֱשֶׂ֥ה אֽוֹתְךָ֖ לְג֥וֹי גָּדֽוֹל:
leave Me alone: [It is unclear why God is saying this-which implies that Moses has made a demand-since] we have not yet heard that Moses prayed for them, and yet He [God] said, “Leave Me alone” ? But here, He opened a door for him and informed him that the matter [indeed] depended upon him [Moses], that if he [Moses] would pray for them, He [God] would not destroy them. [Therefore, God implores Moses to leave Him alone so that He can destroy Israel.] -[from Exod. Rabbah 42:9] הניחה לי: עדיין לא שמענו, שהתפלל משה עליהם, והוא אומר הניחה לי, אלא כאן פתח לו פתח והודיעו, שהדבר תלוי בו, שאם יתפלל עליהם לא יכלם:
11Moses pleaded before the Lord, his God, and said: "Why, O Lord, should Your anger be kindled against Your people whom You have brought up from the land of Egypt with great power and with a strong hand? יאוַיְחַ֣ל משֶׁ֔ה אֶת־פְּנֵ֖י יְהֹוָ֣ה אֱלֹהָ֑יו וַיֹּ֗אמֶר לָמָ֤ה יְהֹוָה֙ יֶֽחֱרֶ֤ה אַפְּךָ֙ בְּעַמֶּ֔ךָ אֲשֶׁ֤ר הוֹצֵ֨אתָ֙ מֵאֶ֣רֶץ מִצְרַ֔יִם בְּכֹ֥חַ גָּד֖וֹל וּבְיָ֥ד חֲזָקָֽה:
Why, O Lord: Is anyone jealous of another, except a wise man of a wise man, or a strong man of a strong man? -[from Exod. Rabbah 43:6] למה ה' יחרה אפך: כלום מתקנא אלא חכם בחכם, גבור בגבור:
12Why should the Egyptians say: 'He brought them out with evil [intent] to kill them in the mountains and to annihilate them from upon the face of the earth'? Retreat from the heat of Your anger and reconsider the evil [intended] for Your people. יבלָ֩מָּה֩ יֹֽאמְר֨וּ מִצְרַ֜יִם לֵאמֹ֗ר בְּרָעָ֤ה הֽוֹצִיאָם֙ לַֽהֲרֹ֤ג אֹתָם֙ בֶּֽהָרִ֔ים וּלְכַ֨לֹּתָ֔ם מֵעַ֖ל פְּנֵ֣י הָֽאֲדָמָ֑ה שׁ֚וּב מֵֽחֲר֣וֹן אַפֶּ֔ךָ וְהִנָּחֵ֥ם עַל־הָֽרָעָ֖ה לְעַמֶּֽךָ:
and reconsider: Heb. וְהִנָּחֵם, [i.e.,] formulate another thought to do good to them. והנחם: התעשת מחשבה אחרת להטיב להם:
the evil: that You thought for them. על הרעה: אשר חשבת להם:
13Remember Abraham, Isaac, and Israel, Your servants, to whom You swore by Your very Self, and to whom You said: 'I will multiply your seed like the stars of the heavens, and all this land which I said that I would give to your seed, they shall keep it as their possession forever.' " יגזְכֹ֡ר לְאַבְרָהָם֩ לְיִצְחָ֨ק וּלְיִשְׂרָאֵ֜ל עֲבָדֶ֗יךָ אֲשֶׁ֨ר נִשְׁבַּ֣עְתָּ לָהֶם֘ בָּךְ֒ וַתְּדַבֵּ֣ר אֲלֵהֶ֔ם אַרְבֶּה֙ אֶת־זַרְעֲכֶ֔ם כְּכֽוֹכְבֵ֖י הַשָּׁמָ֑יִם וְכָל־הָאָ֨רֶץ הַזֹּ֜את אֲשֶׁ֣ר אָמַ֗רְתִּי אֶתֵּן֙ לְזַרְעֲכֶ֔ם וְנָֽחֲל֖וּ לְעֹלָֽם:
Remember Abraham: If [You argue that] they have transgressed the Ten Commandments, [let me remind You that] their [fore]father Abraham was tested with ten tests and has not yet received his reward. Give this [reward] to him [Abraham] so that the ten will cancel out the ten. -[from Midrash Tanchuma 24, Exod. Rabbah 44:4] זכר לאברהם: אם עברו על עשרת הדברות, אברהם אביהם נתנסה בעשרה נסיונות ועדיין לא קבל שכרו, תנהו לו, ויצאו עשרה בעשרה:
Abraham, Isaac, and Israel: If they are condemned to be burnt [in a fire], remember Abraham, who gave himself over to be burned for Your sake in Ur of the Chaldees; if they are condemned to be killed by the sword, remember Isaac, who stretched out his neck when he was bound; if they are condemned to exile, remember Jacob, who was exiled to Haran (Midrash Tanchuma 24, Exod. Rabbah 44:5). If they [the children of Israel] will not be saved in their [the Patriarchs’] merit, why do You say to me, “and I will make you into a great nation” ? If a chair with three legs cannot stand up before You when You are angry, how much less will a chair with one leg (Ber. 32a) ? לאברהם ליצחק ולישראל: אם לשרפה הם, זכור לאברהם שמסר עצמו לישרף עליך באור כשדים. אם להריגה, זכור ליצחק שפשט צוארו לעקידה. אם לגלות, זכור ליעקב שגלה לחרן, ואם אינן נצולין בזכותן, מה אתה אומר לי (פסוק י) ואעשה אותך לגוי גדול, ואם כסא של שלוש רגלים אינו עומד לפניך בשעת כעסך, קל וחומר לכסא של רגל אחת:
to whom You swore by Your very Self: You did not swear to them by something finite-not by the heavens and not by the earth, not by the mountains and not by the hills, but by Your very Self [You swore], for You exist, and Your oath exists forever, as it was said [to Abraham]: “By Myself I have sworn, says the Lord” (Gen. 22:16). To Isaac was said: “and I will establish the oath that I swore to Abraham, your father” (Gen. 26:3). To Jacob was said: “I am the Almighty God; be fruitful and multiply” (Gen. 35:11). Here He swore to him [Jacob] by the [Name] Almighty God. -[from Ber. 32a, Midrash Tanchuma 24, Exod. Rabbah 44:10] אשר נשבעת להם בך: לא נשבעת להם בדבר שהוא כלה, לא בשמים ולא בארץ לא בהרים ולא בגבעות, אלא בך, שאתה קיים ושבעותך קיימת לעולם, שנאמר (בראשית כב טז) בי נשבעתי נאם ה', וליצחק נאמר (שם כו ג) והקימותי את השבועה אשר נשבעתי לאברהם אביך, וליעקב נאמר (שם לה יא) אני אל שדי פרה ורבה, נשבע לו באל שדי:
14The Lord [then] reconsidered the evil He had said He would do to His people. ידוַיִּנָּ֖חֶם יְהֹוָ֑ה עַל־הָ֣רָעָ֔ה אֲשֶׁ֥ר דִּבֶּ֖ר לַֽעֲשׂ֥וֹת לְעַמּֽוֹ:
15Now Moses turned and went down from the mountain [bearing] the two tablets of the testimony in his hand, tablets inscribed from both their sides; on one side and on the other side they were inscribed. טווַיִּ֜פֶן וַיֵּ֤רֶד משֶׁה֙ מִן־הָהָ֔ר וּשְׁנֵ֛י לֻחֹ֥ת הָֽעֵדֻ֖ת בְּיָד֑וֹ לֻחֹ֗ת כְּתֻבִים֙ מִשְּׁנֵ֣י עֶבְרֵיהֶ֔ם מִזֶּ֥ה וּמִזֶּ֖ה הֵ֥ם כְּתֻבִֽים:
from both their sides: the letters could be read. This was a miraculous phenomenon. -[from Shab. 104a, Meg. 2b] משני עבריהם: היו האותיות נקראות, ומעשה נסים היה:
16Now the tablets were God's work, and the inscription was God's inscription, engraved on the tablets. טזוְהַ֨לֻּחֹ֔ת מַֽעֲשֵׂ֥ה אֱלֹהִ֖ים הֵ֑מָּה וְהַמִּכְתָּ֗ב מִכְתַּ֤ב אֱלֹהִים֙ ה֔וּא חָר֖וּת עַל־הַלֻּחֹֽת:
were God’s work: This is to be interpreted according to its apparent meaning, [i.e.,] that He personally made them. Another interpretation: Like a person who says to his friend, “All so-and-so’s activities are in such-and-such [a kind of] work.” So too, all the delight of the Holy One, blessed is He, is with the Torah. -[from Midrash Tanchuma 16] מעשה א-להים המה: כמשמעו הוא בכבודו עשאן. דבר אחר כאדם האומר לחבירו כל עסקיו של פלוני במלאכת פלונית, כך כל שעשועיו של הקב"ה בתורה:
engraved: Heb. חָרוּת. The terms חָרֹת and חָרֹט are one [and the same]. Both are an expression of engraving, entalyer in Old French, [entailler in modern French, meaning] to engrave. חרות: לשון חרת וחרט אחד הוא, שניהם לשון חיקוק אנטייליי"ר בלעז [לחתוך]:
17When Joshua heard the voice of the people in their shouting, he said to Moses: "There is a voice of battle in the camp!" יזוַיִּשְׁמַ֧ע יְהוֹשֻׁ֛עַ אֶת־ק֥וֹל הָעָ֖ם בְּרֵעֹ֑ה וַיֹּ֨אמֶר֙ אֶל־משֶׁ֔ה ק֥וֹל מִלְחָמָ֖ה בַּמַּֽחֲנֶֽה:
in their shouting: Heb. בְּרֵעֹה, in their shouting, for they were shouting, rejoicing, and laughing.[The Israelites were so loud that they could be heard even from a distance.] ברעה: בהריעו, שהיו מריעים ושמחים וצוחקים:
18But [Moses] said: "[It is] neither a voice shouting victory, nor a voice shouting defeat; a voice of blasphemy I hear." יחוַיֹּ֗אמֶר אֵ֥ין קוֹל֙ עֲנ֣וֹת גְּבוּרָ֔ה וְאֵ֥ין ק֖וֹל עֲנ֣וֹת חֲלוּשָׁ֑ה ק֣וֹל עַנּ֔וֹת אָֽנֹכִ֖י שֹׁמֵֽעַ:
[It is] neither a voice shouting victory: This voice does not appear to be a voice of the shouting of heroes crying “Victory!” or the voice of weak [soldiers] crying “Woe!” or “Flee!” אין קול ענות גבורה: אין הקול הזה נראה קול עניית גבורים הצועקים נצחון ולא קול חלשים שצועקים וי או ניסה:
a voice of blasphemy: Heb. קוֹל עָנּוֹת. A voice of blasphemy and reviling, which distresses (הַמְעַנִין) the soul of the one who hears them when they are said to him. קול ענות: קול חרופין וגדופין המענין את נפש שומען כשנאמרין לו:
19Now it came to pass when he drew closer to the camp and saw the calf and the dances, that Moses' anger was kindled, and he flung the tablets from his hands, shattering them at the foot of the mountain. יטוַיְהִ֗י כַּֽאֲשֶׁ֤ר קָרַב֙ אֶל־הַמַּֽחֲנֶ֔ה וַיַּ֥רְא אֶת־הָעֵ֖גֶל וּמְחֹלֹ֑ת וַיִּֽחַר־אַ֣ף משֶׁ֗ה וַיַּשְׁלֵ֤ךְ מִיָּדָו֙ אֶת־הַלֻּחֹ֔ת וַיְשַׁבֵּ֥ר אֹתָ֖ם תַּ֥חַת הָהָֽר:
and he flung… from his hands: He said [to himself]: If [in regard to] the Passover sacrifice, which is [merely] one of the commandments, the Torah said: “No estranged one may partake of it” (Exod. 12:43), [now that] the entire Torah is here [i.e., the Ten Commandments includes the whole Torah], and all the Israelites are apostates, shall I give it to them? -[from Shab. 87a] וישלך מידיו וגו': אמר מה פסח שהיא אחת מן המצות, אמרה תורה (שמות יב מג) כל בן נכר לא יאכל בו, התורה כלה כאן, וכל ישראל משומדים ואתננה להם:
at the foot of the mountain: Heb. ךְתַּחַתהָהָר, lit., under the mountain, [meaning:] at the foot of the mountain. תחת ההר: לרגלי ההר:
20Then he took the calf they had made, burned it in fire, ground it to fine powder, scattered [it] upon the surface of the water, and gave [it to] the children of Israel to drink. כוַיִּקַּ֞ח אֶת־הָעֵ֨גֶל אֲשֶׁ֤ר עָשׂוּ֙ וַיִּשְׂרֹ֣ף בָּאֵ֔שׁ וַיִּטְחַ֖ן עַ֣ד אֲשֶׁר־דָּ֑ק וַיִּ֨זֶר֙ עַל־פְּנֵ֣י הַמַּ֔יִם וַיַּ֖שְׁק אֶת־בְּנֵ֥י יִשְׂרָאֵֽל:
scattered: Heb. וַיִּזֶר, an expression of scattering. Similarly, “Brimstone shall be scattered (יְזֹרֶה) on his dwelling” (Job 18:15), and similarly, “For the net is scattered (מְזֹרָה) without cause” (Prov. 1:17), for they scatter corn and beans on it [the net]. ויזר: לשון נפוץ, וכן (איוב יח טו) יזרה על נוהו גפרית, וכן (משלי א יז) כי חנם מזורה הרשת, שזורין בה דגן וקטנית:וישק את בני ישראל נתכוין לבדקן כסוטות. שלש מיתות נדונו שם אם יש עדים והתראה בסייף, כמשפט אנשי עיר הנדחת שהן מרובים, עדים בלא התראה במגפה, שנאמר (פסוק לה) ויגוף ה' את העם, לא עדים ולא התראה בהדרוקן, שבדקום המים וצבו בטניהם:
and gave [it to] the children of Israel to drink: He intended to test them like women suspected of adultery [are tested, as prescribed in Num. 5:11-31] (A.Z. 44a). Three [different] death penalties were meted out there: (1) If there were witnesses [to the worship] and warning [had been issued to the sinners, they were punished] by the sword, according to the law (Deut. 13:13-18) that applies to the people of a city that has been led astray who are many [people involved]. (2) [Those who practiced idolatry with] witnesses but without warning [died] from a plague, as it is said: “Then the Lord struck the people with a plague” (verse 35). (3) [Those who practiced idolatry both] without witnesses and without warning [died] from dropsy, for the water tested them and their stomachs swelled up (Yoma 66b). :
21Moses said to Aaron: "What did this people do to you that you brought [such] a grave sin upon them?" כאוַיֹּ֤אמֶר משֶׁה֙ אֶל־אַֽהֲרֹ֔ן מֶֽה־עָשָׂ֥ה לְךָ֖ הָעָ֣ם הַזֶּ֑ה כִּֽי־הֵבֵ֥אתָ עָלָ֖יו חֲטָאָ֥ה גְדֹלָֽה:
What did this people do to you: How many tortures did you [Aaron] endure, that they tortured you until you brought this sin upon them? מה עשה לך העם הזה: כמה יסורים (סבלת) שיסרוך [סבלת], עד שלא תביא עליהם חטא זה:
22Aaron replied: "Let not my lord's anger grow hot! You know the people, that they are disposed toward evil. כבוַיֹּ֣אמֶר אַֽהֲרֹ֔ן אַל־יִ֥חַר אַ֖ף אֲדֹנִ֑י אַתָּה֙ יָדַ֣עְתָּ אֶת־הָעָ֔ם כִּ֥י בְרָ֖ע הֽוּא:
that they are disposed toward evil: They are always going in a bad direction and testing the Omnipresent. כי ברע הוא: בדרך רע הם הולכין תמיד ובנסיונות לפני המקום:
23They said to me, 'Make us gods who will go before us, because this man Moses, who brought us up from the land of Egypt we do not know what has become of him.' כגוַיֹּ֣אמְרוּ לִ֔י עֲשֵׂה־לָ֣נוּ אֱלֹהִ֔ים אֲשֶׁ֥ר יֵֽלְכ֖וּ לְפָנֵ֑ינוּ כִּי־זֶ֣ה | משֶׁ֣ה הָאִ֗ישׁ אֲשֶׁ֤ר הֶֽעֱלָ֨נוּ֙ מֵאֶ֣רֶץ מִצְרַ֔יִם לֹ֥א יָדַ֖עְנוּ מֶה־הָ֥יָה לֽוֹ:
24I said to them, 'Who has gold?' So they took it [the gold] off and gave it to me; I threw it into the fire and out came this calf." כדוָֽאֹמַ֤ר לָהֶם֙ לְמִ֣י זָהָ֔ב הִתְפָּרָ֖קוּ וַיִּתְּנוּ־לִ֑י וָֽאַשְׁלִכֵ֣הוּ בָאֵ֔שׁ וַיֵּצֵ֖א הָעֵ֥גֶל הַזֶּֽה:
I said to them: one word only: “Who has gold?” [and not “give me your gold”], but they hurried and stripped themselves and gave it to me. ואמר להם: אמרתי להם דבר אחד למי זהב לבד, והם מהרו והתפרקו ויתנו לי:
I threw it into the fire: I did not know that this calf would come out, but out it came. ואשלכהו באש: ולא ידעתי שיצא העגל הזה ויצא:
25And Moses saw the people, that they were exposed, for Aaron had exposed them to be disgraced before their adversaries. כהוַיַּ֤רְא משֶׁה֙ אֶת־הָעָ֔ם כִּ֥י פָרֻ֖עַ ה֑וּא כִּֽי־פְרָעֹ֣ה אַֽהֲרֹ֔ן לְשִׁמְצָ֖ה בְּקָֽמֵיהֶֽם:
exposed: Heb. פָרֻעַ, uncovered. Their shame and disgrace was revealed, as in “and he shall uncover (וּפָרַע) the woman’s head” (Num. 5:18). פרוע: מגולה, נתגלה שמצו וקלונו, כמו (במדבר ה יח) ופרע את ראש האשה:
to be disgraced before their adversaries: Heb. לְשִׁמְצָה בְּקָמֵיהֶם, that this thing should be a disgrace for them in the mouths of all who rise up against them. לשמצה בקמיהם: להיות להם הדבר הזה לגנות בפי כל הקמים עליהם:
26So Moses stood in the gate of the camp and said: "Whoever is for the Lord, [let him come] to me!" And all the sons of Levi gathered around him. כווַיַּֽעֲמֹ֤ד משֶׁה֙ בְּשַׁ֣עַר הַמַּֽחֲנֶ֔ה וַיֹּ֕אמֶר מִ֥י לַֽיהֹוָ֖ה אֵלָ֑י וַיֵּאָֽסְפ֥וּ אֵלָ֖יו כָּל־בְּנֵ֥י לֵוִֽי:
“Whoever is for the Lord… to me!”: Let him come to me. מי לה' אלי: יבא אלי:כל בני לוי מכאן שכל השבט כשר:
all the sons of Levi: From here [we learn] that the entire tribe was righteous. -[from Yoma 66b] :
27He said to them: "So said the Lord, the God of Israel: 'Let every man place his sword upon his thigh and pass back and forth from one gate to the other in the camp, and let every man kill his brother, every man his friend, every man his kinsman.' " כזוַיֹּ֣אמֶר לָהֶ֗ם כֹּֽה־אָמַ֤ר יְהֹוָה֙ אֱלֹהֵ֣י יִשְׂרָאֵ֔ל שִׂ֥ימוּ אִֽישׁ־חַרְבּ֖וֹ עַל־יְרֵכ֑וֹ עִבְר֨וּ וָשׁ֜וּבוּ מִשַּׁ֤עַר לָשַׁ֨עַר֙ בַּמַּֽחֲנֶ֔ה וְהִרְג֧וּ אִֽישׁ־אֶת־אָחִ֛יו וְאִ֥ישׁ אֶת־רֵעֵ֖הוּ וְאִ֥ישׁ אֶת־קְרֹבֽוֹ:
So said the Lord, the God of Israel: Now, where did He say [this]? “He who slaughters [a sacrifice] to the gods shall be destroyed” (Exod. 22:19). So it was taught in the Mechilta. כה אמר וגו': והיכן אמר, (שמות כב יט) זובח לא-להים יחרם, כך שנויה במכילתא:
his brother: [i.e.,] from his mother, who was an [ordinary] Israelite [and not a Levite]. -[from Yoma 66b] אחיו: מאמו והוא מישראל:
28The sons of Levi did according to Moses' word; on that day some three thousand men fell from among the people. כחוַיַּֽעֲשׂ֥וּ בְנֵֽי־לֵוִ֖י כִּדְבַ֣ר משֶׁ֑ה וַיִּפֹּ֤ל מִן־הָעָם֙ בַּיּ֣וֹם הַה֔וּא כִּשְׁל֥שֶׁת אַלְפֵ֖י אִֽישׁ:
29And Moses said: "Initiate yourselves today for the Lord for each man with his son and with his brother so that He may bestow a blessing upon you this day. " כטוַיֹּ֣אמֶר משֶׁ֗ה מִלְא֨וּ יֶדְכֶ֤ם הַיּוֹם֙ לַֽיהֹוָ֔ה כִּ֛י אִ֥ישׁ בִּבְנ֖וֹ וּבְאָחִ֑יו וְלָתֵ֧ת עֲלֵיכֶ֛ם הַיּ֖וֹם בְּרָכָֽה:
Initiate yourselves: You who kill them, with this thing [act] you will initiate yourselves to be servants [i.e., kohanim] of the Omnipresent. מלאו ידכם: אתם ההורגים אותם, בדבר זה תתחנכו להיות כהנים למקום:
for each man: Among you will initiate himself through his son and through his brother. כי איש: מכם ימלא ידו בבנו ובאחיו:
30It came to pass on the next day that Moses said to the people: "You have committed a grave sin. And now I will go up to the Lord; perhaps I will obtain atonement for your sin." לוַֽיְהִי֙ מִמָּֽחֳרָ֔ת וַיֹּ֤אמֶר משֶׁה֙ אֶל־הָעָ֔ם אַתֶּ֥ם חֲטָאתֶ֖ם חֲטָאָ֣ה גְדֹלָ֑ה וְעַתָּה֙ אֶֽעֱלֶ֣ה אֶל־יְהֹוָ֔ה אוּלַ֥י אֲכַפְּרָ֖ה בְּעַ֥ד חַטַּאתְכֶֽם:
I will obtain atonement for your sin: Heb. אִכַפְּרָה בְּעַד חַטַּאתְכֶם. [This means] I will place a cleansing, a wiping away, and a barrier opposite your sin to separate you from your sin. אכפרה בעד חטאתכם: אשים כופר וקנוח וסתימה לנגד חטאתכם, להבדיל ביניכם ובין החטא:
31And Moses returned to the Lord and said: "Please! This people has committed a grave sin. They have made themselves a god of gold. לאוַיָּ֧שָׁב משֶׁ֛ה אֶל־יְהֹוָ֖ה וַיֹּאמַ֑ר אָ֣נָּ֗א חָטָ֞א הָעָ֤ם הַזֶּה֙ חֲטָאָ֣ה גְדֹלָ֔ה וַיַּֽעֲשׂ֥וּ לָהֶ֖ם אֱלֹהֵ֥י זָהָֽב:
a god of gold: [Moses is saying to God:] It was You Who caused them [to sin], for You lavished upon them gold and whatever they desired. What should they have done so as not to sin? [This may be illustrated by] a parable of a king who gave his son to eat and drink, dressed him up, hung a coin purse on his neck, and stationed him at the entrance of a brothel. What can the son do so as not to sin? -[from Ber. 32a] אלהי זהב: אתה הוא שגרמת להם שהשפעת להם זהב וכל חפצם מה יעשו שלא יחטאו? משל למלך שהיה מאכיל ומשקה את בנו ומקשטו,ותולה לו כיס בצוארו,ומעמידו בפתח בית זונות,מה יעשה הבן שלא יחטא?:
32And now, if You forgive their sin But if not, erase me now from Your book, which You have written." לבוְעַתָּ֖ה אִם־תִּשָּׂ֣א חַטָּאתָ֑ם וְאִם־אַ֕יִן מְחֵ֣נִי נָ֔א מִסִּפְרְךָ֖ אֲשֶׁ֥ר כָּתָֽבְתָּ:
And now, if You forgive their sin…: good, I will not ask You to erase me, but if not, erase me. This is an elliptical verse, and there are many like it. ועתה אם תשא חטאתם: הרי טוב, איני אומר לך מחני. ואם אין, מחני, וזה מקרא קצר, וכן הרבה:מספרך מכל התורה כולה, שלא יאמרו עלי, שלא הייתי כדאי לבקש עליהם רחמים:
from Your book: From the entire Torah, so that they will not say about me that I was unworthy to beg mercy for them [the Israelites]. :
33And the Lord said to Moses: "Whoever has sinned against Me, him I will erase from My book!" לגוַיֹּ֥אמֶר יְהֹוָ֖ה אֶל־משֶׁ֑ה מִ֚י אֲשֶׁ֣ר חָֽטָא־לִ֔י אֶמְחֶ֖נּוּ מִסִּפְרִֽי:
34And now go, lead the people to [the place] of which I have spoken to you. Behold My angel will go before you. But on the day I make an accounting [of sins upon them], I will bring their sin to account against them." לדוְעַתָּ֞ה לֵ֣ךְ | נְחֵ֣ה אֶת־הָעָ֗ם אֶ֤ל אֲשֶׁר־דִּבַּ֨רְתִּי֙ לָ֔ךְ הִנֵּ֥ה מַלְאָכִ֖י יֵלֵ֣ךְ לְפָנֶ֑יךָ וּבְי֣וֹם פָּקְדִ֔י וּפָֽקַדְתִּ֥י עֲלֵהֶ֖ם חַטָּאתָֽם:
to [the place] of which I have spoken to you: Heb. דִּבַּרְךְתִּי לָ Here [we find] לָ [used] along with דִּבּוּר, speech, instead of אֵלֶי. Similarly [in the verse] “to speak to him (לְדַבֶּר לוֹ) for Adoniahu” (I Kings 2:19). אל אשר דברתי לך: יש כאן לך אצל דבור במקום אליך, וכן (מלכים א ב יט) לדבר לו על אדוניהו:
Behold My angel: But not I. הנה מלאכי: ולא אני:
But on the day I make an accounting, etc.: Now I have listened to you not to destroy them all at once, but always, always, when I take an accounting of their sins, I will also account a little of this sin with the other sins. [This means that] no punishment befalls Israel in which there is not part of the punishment for the sin of the [golden] calf. -[from Sanh. 102a] וביום פקדי וגו': עתה שמעתי אליך מלכלותם יחד, ותמיד תמיד כשאפקוד עליהם עונותיהם ופקדתי עליהם מעט מן העון הזה עם שאר העונות, ואין פורענות באה על ישראל שאין בה קצת מפרעון עון העגל:
35Then the Lord struck the people with a plague, because they had made the calf that Aaron had made. להוַיִּגֹּ֥ף יְהֹוָ֖ה אֶת־הָעָ֑ם עַ֚ל אֲשֶׁ֣ר עָשׂ֣וּ אֶת־הָעֵ֔גֶל אֲשֶׁ֥ר עָשָׂ֖ה אַֽהֲרֹֽן:
Then the Lord struck the people with a plague: [This was] death by the hands of Heaven for [those who sinned in the presence of] witnesses without warning. -[from Yoma 66b. See commentary above on verse 20.] ויגף ה' את העם: מיתה בידי שמים, לעדים בלא התראה:
Exodus Chapter 33
1The Lord spoke to Moses: "Go, ascend from here, you and the people you have brought up from the land of Egypt, to the land that I swore to Abraham, Isaac, and Jacob, saying: 'I will give it to your descendants.' אוַיְדַבֵּ֨ר יְהֹוָ֤ה אֶל־משֶׁה֙ לֵ֣ךְ עֲלֵ֣ה מִזֶּ֔ה אַתָּ֣ה וְהָעָ֔ם אֲשֶׁ֥ר הֶֽעֱלִ֖יתָ מֵאֶ֣רֶץ מִצְרָ֑יִם אֶל־הָאָ֗רֶץ אֲשֶׁ֣ר נִ֠שְׁבַּ֠עְתִּי לְאַבְרָהָ֨ם לְיִצְחָ֤ק וּלְיַֽעֲקֹב֙ לֵאמֹ֔ר לְזַרְעֲךָ֖ אֶתְּנֶֽנָּה:
Go, ascend from here: The land of Israel is higher than all [other] lands (Zev. 54b). That is why it says: “ascend.” Another explanation: [This is] in contrast to what He said to him [Moses] in time of anger, “Go, descend,” (Exod. 32:7). In time of good will He said to him, Go, ascend (Midrash Tanchuma 26). לך עלה מזה: ארץ ישראל גבוהה מכל הארצות, לכך נאמר עלה, דבר אחר כלפי שאמר לו בשעת הכעס (שמות לב ז) לך רד, אמר לו בשעת רצון לך עלה:
you and the people: Here He did not say “Your people” [as He had said previously in Exod. 32:7 “for your people… have acted corruptly”]. אתה והעם: כאן לא נאמר ועמך:
2I will send an angel before you, and I will drive out the Canaanites, the Amorites, the Hittites, the Perizzites, the Hivvites, and the Jebusites בוְשָֽׁלַחְתִּ֥י לְפָנֶ֖יךָ מַלְאָ֑ךְ וְגֵֽרַשְׁתִּ֗י אֶת־הַכְּנַֽעֲנִי֙ הָֽאֱמֹרִ֔י וְהַֽחִתִּי֙ וְהַפְּרִזִּ֔י הַֽחִוִּ֖י וְהַיְבוּסִֽי:
and I will drive out the Canaanites: They are six nations [listed here, although seven nations were mentioned in Gen. 15], and [this is because] the Girgashites got up and emigrated because of them [the Israelites] of their own accord. -[from Lev. Rabbah 17:6, Yerushalmi Shevi’ith 6:1]. וגרשתי את הכנעני וגו': שש אומות הן, והגרגשי עמד ופנה מפניהם מאליו:
3to a land flowing with milk and honey; because I will not go up in your midst since you are a stiff necked people, lest I destroy you on the way." גאֶל־אֶ֛רֶץ זָבַ֥ת חָלָ֖ב וּדְבָ֑שׁ כִּי֩ לֹ֨א אֶֽעֱלֶ֜ה בְּקִרְבְּךָ֗ כִּ֤י עַם־קְשֵׁה־עֹ֨רֶף֙ אַ֔תָּה פֶּן־אֲכֶלְךָ֖ בַּדָּֽרֶךְ:
to a land flowing with milk and honey: I tell you to take them [the Israelites] up. אל ארץ זבת חלב ודבש: אני אומר לך להעלותם:
because I will not go up in your midst: Therefore, I tell you, “I will send an angel before you.” כי לא אעלה בקרבך: לכך אני אומר לך ושלחתי לפניך מלאך:
since you are a stiff-necked people: And when My Shechinah is in your midst and you rebel against Me, I will increase My fury against you. כי עם קשה ערף אתה: וכששכינתי בקרבכם ואתם ממרים בי מרבה אני עליכם זעם:
I destroy you: Heb. אִכֶלְ, an expression of destruction (כִּלָיוֹן). אכלך: לשון כליון:
4[When] the people heard this bad news, they mourned, and no one put on his finery. דוַיִּשְׁמַ֣ע הָעָ֗ם אֶת־הַדָּבָ֥ר הָרָ֛ע הַזֶּ֖ה וַיִּתְאַבָּ֑לוּ וְלֹא־שָׁ֛תוּ אִ֥ישׁ עֶדְי֖וֹ עָלָֽיו:
this bad news: that the Shechinah would not rest [upon them] or go with them. הדבר הרע: שאין השכינה שורה ומהלכת עמם:איש עדיו כתרים שניתנו להם בחורב, כשאמרו נעשה ונשמע:
and no one… his finery: [I.e.,] the crowns given to them in Horeb when they said, “…we will do and we will hear” (Exod. 24:7) (Shab. 88a). :
5And the Lord said to Moses: "Say to the children of Israel: 'You are a stiff necked people; if I go up into your midst for one moment, I will destroy you; but now, leave off your finery, and I will know what to do to you.' " הוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־משֶׁ֗ה אֱמֹ֤ר אֶל־בְּנֵֽי־יִשְׂרָאֵל֙ אַתֶּ֣ם עַם־קְשֵׁה־עֹ֔רֶף רֶ֧גַע אֶחָ֛ד אֶֽעֱלֶ֥ה בְקִרְבְּךָ֖ וְכִלִּיתִ֑יךָ וְעַתָּ֗ה הוֹרֵ֤ד עֶדְיְךָ֙ מֵֽעָלֶ֔יךָ וְאֵֽדְעָ֖ה מָ֥ה אֶֽעֱשֶׂה־לָּֽךְ:
if I go up into your midst for one moment, I will destroy you: If I go up into your midst and you rebel against Me with stubbornness [again], I will be furious with you for one moment, which is the measure of My wrath (Ber. 7a), as it is said: “Hide for but a moment until the wrath passes” (Isa. 26: 20), and I will destroy you. Therefore, it is better for you that I send an angel [in My place]. רגע אחד אעלה בקרבך וכליתיך: אם אעלה בקרבך, ואתם ממרים בי בקשיות ערפכם, אזעום עליכם רגע אחד, שהוא שיעור זעמו, שנאמר (ישעיה כו כ) חבי כמעט רגע עד יעבור זעם, ואכלה אתכם, לפיכך טוב לכם שאשלח מלאך:
but now: this punishment you will suffer immediately, that you shall take off your finery. ועתה: פורענות זו תלקו מיד, שתורידו עדיכם מעליכם:
and I will know what to do to you: with the visitation of the rest of the sin. I know what is in My heart to do to you. ואדעה מה אעשה לך: בפקודת שאר העון. אני יודע מה שבלבי לעשות לך:
6So the children of Israel divested themselves of their finery from Mount Horeb. ווַיִּתְנַצְּל֧וּ בְנֵֽי־יִשְׂרָאֵ֛ל אֶת־עֶדְיָ֖ם מֵהַ֥ר חוֹרֵֽב:
their finery from Mount Horeb: The finery that was in their possession from Mount Horeb. -[from Shab. 88a] את עדים מהר חורב: את העדי שהיה בידם מהר חורב:
7And Moses took the tent and pitched it for himself outside the camp, distancing [it] from the camp, and he called it the tent of meeting, and it would be that anyone seeking the Lord would go out to the tent of meeting, which was outside the camp. זוּמשֶׁה֩ יִקַּ֨ח אֶת־הָאֹ֜הֶל וְנָֽטָה־ל֣וֹ | מִח֣וּץ לַמַּֽחֲנֶ֗ה הַרְחֵק֙ מִן־הַמַּֽחֲנֶ֔ה וְקָ֥רָא ל֖וֹ אֹ֣הֶל מוֹעֵ֑ד וְהָיָה֙ כָּל־מְבַקֵּ֣שׁ יְהֹוָ֔ה יֵצֵא֙ אֶל־אֹ֣הֶל מוֹעֵ֔ד אֲשֶׁ֖ר מִח֥וּץ לַמַּֽחֲנֶֽה:
And Moses: from [the moment of] that sin [and] on. ומשה: מאותו עון והלאה:
took the tent: Heb. יִקַּח. This is a present tense, [meaning that] he would take his tent and pitch it outside the camp. He said, “One who is banished from the master is banished from the disciple.” -[from Tanchuma 27] יקח את האהל: לשון הווה הוא, לוקח אהלו ונוטהו מחוץ למחנה, אמר מנודה לרב, מנודה לתלמיד:
distancing [it]: two thousand cubits, like the matter that is stated: “But there shall be a distance between you and it just two thousand cubits by measure” (Josh. 3:4). -[from Midrash Tanchuma 27] הרחק: אלפים אמה, כענין שנאמר (יהושע ג ד) אך רחוק יהיה ביניכם וביניו כאלפים אמה במדה:
and he called it: And he would call it the tent of meeting. That is the meeting house of those seeking the Torah. וקרא לו: והיה קורא לו אהל מועד, הוא בית ועד למבקשי תורה:
anyone seeking the Lord: From here [we deduce] that one who seeks the presence of a sage is tantamount to one who seeks the presence of the Shechinah. -[from Tanchuma 27] כל מבקש ה': מכאן למבקש פני זקן כמקבל פני השכינה:
would go out to the tent of meeting: Heb. יֵצֵא, lit., will go out, like יוֹצֵא, would go out. Another interpretation: and it would be that anyone seeking the Lord-even the ministering angels-when they would ask for the place of the Shechinah, their companions would say to them, “Behold, it is in Moses’ tent” -[from Tanchuma 27] יצא אל אהל מועד: כמו יוצא. דבר אחר והיה כל מבקש ה' אפילו מלאכי השרת כשהיו שואלים מקום שכינה, חבריהם אומרים להם הרי הוא באהלו של משה:
8And it would be that when Moses would go out to the tent, all the people would rise and stand, each one at the entrance of his tent, and they would gaze after Moses until he went into the tent. חוְהָיָ֗ה כְּצֵ֤את משֶׁה֙ אֶל־הָאֹ֔הֶל יָק֨וּמוּ֙ כָּל־הָעָ֔ם וְנִ֨צְּב֔וּ אִ֖ישׁ פֶּ֣תַח אָֽהֳל֑וֹ וְהִבִּ֨יטוּ֙ אַֽחֲרֵ֣י משֶׁ֔ה עַד־בֹּא֖וֹ הָאֹֽהֱלָה:
And it would be: Heb. וְהָיָה, a present tense. והיה: לשון הווה:
when Moses would go out: of the camp to go to the tent. כצאת משה מן המחנה: ללכת אל האהל:
all the people would rise: They would stand before him and not sit down until he was concealed from them. יקומו כל העם: עומדים מפניו ואין יושבין עד שנתכסה מהם:
and they would gaze after Moses: in admiration. [They would say,] “Fortunate is one born of woman who is so assured [by God] that the Shechinah follows him to the entrance of his tent.” -[from Kid. 33b, Shekalim 5:2. See also Tanchuma 27, Exod. Rabbah 45:4, 51:6] והביטו אחרי משה: לשבח, אשרי ילוד אשה שכך מובטח, שהשכינה תכנס אחריו לפתח אהלו:
9And it would be that when Moses entered the tent, the pillar of cloud would descend and stand at the entrance of the tent, and He would speak with Moses. טוְהָיָ֗ה כְּבֹ֤א משֶׁה֙ הָאֹ֔הֱלָה יֵרֵד֙ עַמּ֣וּד הֶֽעָנָ֔ן וְעָמַ֖ד פֶּ֣תַח הָאֹ֑הֶל וְדִבֶּ֖ר עִם־משֶֽׁה:
and He would speak with Moses: Heb. וְדִבֶּר, like וּמְדַבֵּר, and He would speak [in the present tense]. Its Aramaic translation is וּמִתְמַלֵל עִם משֶׁה, and He would speak to Himself with Moses, which is [denoting] respect for the Shechinah, like [in the verse] “he heard the voice speaking (מְדַּבֵּר) to him” (Num. 7: 89), but one does not read וּמְדַבֵּר אֵלָיו. When one reads מְדַּבֵּר, it means that the voice would speak to itself and the commoner would hear by himself. But when one reads מְדַבֵּר, it means that the king speaks with the commoner. ודבר עם משה: כמו ומדבר עם משה. תרגומו ומתמלל עם משה שהוא כבוד שכינה, כמו (במדבר ז פט) וישמע את הקול מדבר אליו, ואינו קורא מדבר אליו. כשהוא קורא מדבר פתרונו הקול מדבר בינו לבין עצמו, וההדיוט שומע מאליו, וכשהוא קורא מדבר משמע שהמלך מדבר עם ההדיוט:
10When all the people would see the pillar of cloud standing at the entrance of the tent, all the people would rise and prostrate themselves, each one at the entrance of his tent. יוְרָאָ֤ה כָל־הָעָם֙ אֶת־עַמּ֣וּד הֶֽעָנָ֔ן עֹמֵ֖ד פֶּ֣תַח הָאֹ֑הֶל וְקָ֤ם כָּל־הָעָם֙ וְהִשְׁתַּֽחֲו֔וּ אִ֖ישׁ פֶּ֥תַח אָֽהֳלֽוֹ:
and prostrate themselves: to the Shechinah. והשתחוו: לשכינה:
11Then the Lord would speak to Moses face to face, as a man would speak to his companion, and he would return to the camp, but his attendant, Joshua, the son of Nun, a lad, would not depart from the tent. יאוְדִבֶּ֨ר יְהֹוָ֤ה אֶל־משֶׁה֙ פָּנִ֣ים אֶל־פָּנִ֔ים כַּֽאֲשֶׁ֛ר יְדַבֵּ֥ר אִ֖ישׁ אֶל־רֵעֵ֑הוּ וְשָׁב֙ אֶל־הַמַּֽחֲנֶ֔ה וּמְשָׁ֨רְת֜וֹ יְהוֹשֻׁ֤עַ בִּן־נוּן֙ נַ֔עַר לֹ֥א יָמִ֖ישׁ מִתּ֥וֹךְ הָאֹֽהֶל:
Then the Lord would speak to Moses face to face: [The targumim render:] וּמִתְמַלֵּל עִם משֶׁה, [as explained on verse 9]. ודבר ה' אל משה פנים אל פנים: ומתמלל עם משה:
and he would return to the camp: After He spoke with him, Moses would return to the camp and teach the elders what he had learned. Moses conducted himself in this way from Yom Kippur until the Mishkan was erected, but no more [than that]. For on the seventeenth of Tammuz the tablets were broken, and on the eighteenth he burned the calf and judged the sinners, and on the nineteenth he went up [Mount Sinai], as it is said: “It came to pass on the next day that Moses said to the people, etc.” (Exod. 32:30). He spent forty days there and begged for mercy, as it is said: “And I cast myself down before the Lord, etc.” (Deut. 9:18). On Rosh Chodesh Elul it was said to him, “And in the morning you shall ascend Mount Sinai” (Exod. 34:2) to receive the second tablets, and he spent forty days there, as it is said concerning them, “And I remained upon the mountain just as the first days” (Deut. 10:10). Just as the first ones [days] were with good will [from the seventh of Sivan to the seventeenth of Tammuz], so were the last ones [days] with good will. [We may] deduce from this that the intermediate ones were with wrath. On the tenth of Tishri the Holy One, blessed is He, was appeased to Israel joyfully and wholeheartedly, and He said to Moses, “I have forgiven, as you have spoken.” He [God] gave over to him the second tablets, and he [Moses] descended, and He [God] began commanding him concerning the work of the Mishkan. They constructed it until the first of Nissan, and once it was erected, He no longer spoke with him except from the Tent of Meeting. -[from Midrash Tanchuma 31, Seder Olam ch. 6] ושב אל המחנה: לאחר שנדבר עמו, היה משה שב אל המחנה ומלמד לזקנים מה שלמד. והדבר הזה נהג משה מיום הכפורים עד שהוקם המשכן ולא יותר, שהרי בשבעה עשר בתמוז נשתברו הלוחות, ובשמונה עשר שרף את העגל ודן את החוטאים, ובתשעה עשר עלה, שנאמר (שמות לב ל) ויהי ממחרת ויאמר משה אל העם וגו', עשה שם ארבעים יום ובקש רחמים, שנאמר (דברים ט יח) ואתנפל לפני ה' וגו', ובראש חדש אלול נאמר לו (שמות לד ב) ועלית בבקר אל הר סיני, לקבל לוחות האחרונות, ועשה שם ארבעים יום, שנאמר בהם (דברים י י) ואנכי עמדתי בהר כימים הראשונים וגו', מה הראשונים ברצון אף האחרונים ברצון, אמור מעתה אמצעיים היו בכעס. בעשרה בתשרי נתרצה הקב"ה לישראל בשמחה ובלב שלם, ואמר לו למשה סלחתי כדברך, ומסר לו לוחות אחרונות. וירד והתחיל לצוותם על מלאכת המשכן ועשאוהו עד אחד בניסן, ומשהוקם לא נדבר עמו עוד אלא מאהל מועד:
and he would return to the camp: Its Aramaic translation is וְתָב לְמַשְׁרִיתָא [meaning] and he would return to the camp, because it is the present tense, and so is [the Aramaic translation of] the entire section: “all the people would see (וְרָאָה)” (verse 10) - וַחִזַן; and [they would] stand (וְנִצְּבוּ) (verse 8) - קַיְּימִין “and they [would] gaze (וְהִבִּיטוּ) ” (verse 8) וּמִסְךְתַּכְּלִין and [they would] prostrate themselves (וְהִשְׁךְתַּחִווּ) (verse 10) - וְסַגְדִין. [This is the simple meaning of the verses, which depict Moses’ usual conduct from after Yom Kippur until the Mishkan was erected.] Its midrashic interpretation, however, is: And the Lord spoke to Moses [saying] that he should return to the camp. He [the Lord] said to him, “I am angry, and you are angry. Who then will bring them near [to Me]?” (Midrash Tanchuma 27). ושב אל המחנה: תרגומו ותב למשריתא, לפי שהוא לשון הווה, וכן כל הענין וראה כל העם - וחזן, ונצבו - וקיימין, והביטו - ומסתכלין, והשתחוו - וסגדין. ומדרשו ודבר ה' אל משה שישוב אל המחנה, אמר לו אני בכעס ואתה בכעס, אם כן מי יקרבם:
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Daily Tehillim: Chapters 69 - 71
• Hebrew text
• English text
• Chapter 69
1. For the Conductor, on the shoshanim,1 by David.
2. Deliver me, O God, for the waters have reached until my soul!
3. I have sunk in muddy depths without foothold; I have come into deep waters, and the current sweeps me away.
4. I am wearied by my crying, my throat is parched; my eyes pined while waiting for my God.
5. More numerous than the hairs on my head are those who hate me without reason. Mighty are those who would cut me off, those who are my enemies without cause. What I have not stolen, I will then have to return.
6. O God, You know my folly, and my wrongs are not hidden from You.
7. Let not those who hope in You be shamed through me, O my Lord, God of Hosts; let not those who seek You be disgraced through me, O God of Israel,
8. because for Your sake I have borne humiliation, disgrace covers my face.
9. I have become a stranger to my brothers, an alien to my mother's sons,
10. for the envy of Your House has consumed me, and the humiliations of those who scorn You have fallen upon me.
11. And I wept while my soul fasted, and it was a humiliation to me.
12. I made sackcloth my garment, and became a byword for them.
13. Those who sit by the gate speak of me, and [of me] are the songs of drunkards.
14. May my prayer to You, Lord, be at a gracious time; God, in Your abounding kindness, answer me with Your true deliverance.
15. Rescue me from the mire, so that I not sink; let me be saved from my enemies and from deep waters.
16. Let not the current of water sweep me away, nor the deep swallow me; and let not the pit close its mouth over me.
17. Answer me, Lord, for Your kindness is good; according to Your abundant mercies, turn to me.
18. Do not hide Your face from Your servant, for I am in distress-hurry to answer me.
19. Draw near to my soul and liberate it; redeem me, so that my enemies [not feel triumphant].
20. You know my humiliation, my shame, and my disgrace; all my tormentors are before You.
21. Humiliation has broken my heart, and I have become ill. I longed for comfort, but there was none; for consolers, but I did not find.
22. They put gall into my food, and for my thirst they gave me vinegar to drink.
23. Let their table become a trap before them, and [their] serenity, a snare.
24. Let their eyes be darkened so that they cannot see, and let their loins continually falter.
25. Pour Your wrath upon them, and let the fierceness of Your anger overtake them.
26. Let their palace be desolate, let there be no dweller in their tents,
27. for they persecute the one whom You struck, and tell of the pain of Your wounded ones.
28. Add iniquity to their iniquity, and let them not enter into Your righteousness.
29. May they be erased from the Book of Life, and let them not be inscribed with the righteous.
30. But I am poor and in pain; let Your deliverance, O God, streng-then me.
31. I will praise the Name of God with song, I will extol Him with thanksgiving!
32. And it will please the Lord more than [the sacrifice of] a mature bull with horns and hooves.
33. The humble will see it and rejoice; you seekers of God, [see] and your hearts will come alive.
34. For the Lord listens to the needy, and He does not despise His prisoners.
35. Let heaven and earth praise Him, the seas and all that moves within them,
36. for God will deliver Zion and build the cities of Judah, and they will settle there and possess it;
37. and the seed of His servants will inherit it, and those who love His Name will dwell in it.
FOOTNOTES
1.A musical instrument shaped like a shoshana, a rose (Metzudot).
Chapter 70
David prays that his enemies be shamed and humiliated for their shaming him and reveling in his troubles. Then the righteous will rejoice, and chant songs and praises always.
1. For the Conductor, by David, to remind.
2. O God, [come] to rescue me; O Lord, hurry to my aid.
3. Let those who seek my life be shamed and disgraced; let those who wish me harm retreat and be humiliated.
4. Let those who say, "Aha! Aha!" be turned back in return for their shaming [me].
5. Let all who seek You rejoice and delight in You, and let those who love Your deliverance say always, "May God be exalted!”
6. But I am poor and needy; hurry to me, O God! You are my help and deliverer; O God, do not delay!
Chapter 71
In this awe-inspiring prayer, David speaks of his enemies' desire to kill him, declaring him deserving of death.
1. I have taken refuge in You, O Lord; I will never be shamed.
2. Rescue me and deliver me in Your righteousness; incline Your ear to me and save me.
3. Be for me a sheltering rock, to enter always. You have ordered my salvation, for You are my rock and my fortress.
4. O my God, rescue me from the hand of the wicked, from the palm of the scheming and violent.
5. For You are my hope, O my Lord, God, my security since my youth.
6. I have relied on You from the womb; You drew me from my mother's innards; my praise is of You always.
7. I became an example to the masses, yet You were my mighty refuge.
8. Let my mouth be filled with Your praise, all day long with Your glory.
9. Do not cast me aside in old age; do not forsake me when my strength fails;
10. for my enemies say of me, and those who watch my soul conspire together,
11. saying, "God has forsaken him. Give chase and catch him, for there is no rescuer.”
12. O God, do not distance Yourself from me; my God, hurry to my aid.
13. Let the adversaries of my soul be shamed and consumed; let those who seek my harm be enwrapped in disgrace and humiliation.
14. But as for me, I will always hope; I will add to all Your praises.
15. My mouth will tell of Your righteousness, all day long of Your deliverance, for I do not know their number.
16. I come with the strength of my Lord, God; I mention Your righteousness, Yours alone.
17. O God, You have taught me since my youth, and to this day I tell of Your wonders.
18. Even into old age and hoariness, O God, do not abandon me, until I tell of Your might to the generations, and of Your strength to all who are to come.
19. Your righteousness, O God, reaches the high heavens, for You do great things; O God, who is like You!
20. You, Who has shown me many and grievous troubles, You will revive me again; You will lift me again from the depths of the earth.
21. You will increase my greatness; You will turn and console me.
22. I too1 will thank You on the lyre for Your faithfulness, My God; I will sing to You on the harp, O Holy One of Israel.
23. My lips will rejoice when I sing to you, as well as my soul which You have redeemed.
24. My tongue will also utter Your righteousness all day, for those who seek my harm are shamed and disgraced.
FOOTNOTES
1.As you increase my greatness, so will I increase your praise (Metzudot).
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Tanya: Likutei Amarim, middle of Chapter 29
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, middle of Chapter 29
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
• Monday, Adar I 13, 5776 · February 22, 2016
Likutei Amarim, middle of Chapter 29
ובפרט כשיזכור טומאת נפשו בחטאת נעורים, והפגם שעשה בעליונים, ושם הוא למעלה מהזמן, וכאלו פגם ונטמא היום, חס ושלום, ממש
Especially so, if he calls to mind the contamination of his soul with the sin of youth, and the blemish he has wrought thereby in the supernal worlds —the source of his soul. The fact that they were sins of “youth”, belonging to a time and to a spiritual level from which he may presently be far removed, is irrelevant in these supernal worlds— where everything is timeless, and it is as if he had caused the blemish and defiled himself this very day, G‑d forbid.
ואף שכבר עשה תשובה נכונה, הרי עיקר התשובה בלב, והלב יש בו בחינות ומדרגות רבות, והכל לפי מה שהוא אדם, ולפי הזמן והמקום, כידוע ליודעים
True, he may already have repented sincerely and thereby removed the blemish and cleansed himself. But the essence of repentance is in the heart, and in the heart there are many distinctions and levels. Moreover, everything depends on what kind of a man he is (— the greater his stature, the higher the level of repentance required of him), and on the time and place in which he now stands, as is known to the knowing.
Whenever and wherever one is less tempted by a particular sin, a deeper and loftier level of repentance is expected of him for having committed that sin, than at a time when he is more strongly tempted, and must fight more insistently to resist that temptation. Similarly time and place create other differences with respect to repentance. Therefore, judging by one’s present situation, his earlier repentance may be inadequate in erasing his past sins. Perhaps, then, the absence of a higher form of repentance required of him now causes his sins to interpose between himself and G‑d, preventing the light of his soul from penetrating his heart — as the Alter Rebbe continues:
ולכן עכשיו בשעה זו, שרואה בעצמו דלא סליק ביה נהורא דנשמתא, מכלל שהיום לא נתקבלה תשובתו, ועונותיו מבדילים, או שרוצים להעלותו לתשובה עילאה יותר, מעומקא דלבא יותר
Consequently, now, at this time, when observing himself he sees that “the light of the soul does not penetrate into him,” it is evident that either, (a) his repentance has not been accepted, and his sins still separate him from G‑dliness; or (b) it is desired that he be raised to a more sublime level of repentance, coming from a point yet deeper in his heart than his earlier repentance.
Far from indicating Divine displeasure, the rejection of his repentance in this latter case points to Divine favor: a desire to raise this person to yet greater heights of repentance. Hence the difficulties in his divine service and the timtum halev — so that he will call forth greater resources from within himself, and repent more deeply.
ולכן אמר דוד: וחטאתי נגדי תמיד
For this reason, King David said, despite the fact that he was a tzaddik, who was also able to say of himself: 1 “My heart is a void within me,” which means (as Rashi comments, 2 “The evil impulse is as if dead within me,” — despite this he would still say:) 3 “My sin is constantly before me.”
Why was it necessary for a man of David’s caliber to constantly bear in mind his past sins? Surely he had repented for them adequately! Obviously, then, the memory is necessary in order to spur one on to greater heights within the ranks of holiness, to deeper levels of repentance, as said earlier. 4
| FOOTNOTES | |
| 1. | Tehillim 109:22. |
| 2. | Berachot 61b. |
| 3. | Tehillim 51:5. |
| 4. | Based on a comment by the Rebbe. The Rebbe adds: The Alter Rebbe finds it necessary to cite Scriptural proof to support his seemingly strange contention - that the soul's light might be prevented from irradiating one's body (even where no sins interpose between himself and G-d) merely as a divine device for elevating him to a higher level of teshuvah. |
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Monday, Adar I 13, 5776 · February 22, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 173
Non-Kosher Fish
"And they shall be a detestable thing to you, you shall not eat from their meat, and their carcasses you shall hold in abomination"—Leviticus 11:11.
It is forbidden to eat any non-kosher fish.
Full text of this Mitzvah »
Negative Commandment 175
Flying Insects
"And every creeping flying thing is unclean to you: they shall not be eaten"—Deuteronomy 14:19.
It is forbidden to eat any flying insect, such as flies, bees or hornets.
Full text of this Mitzvah »
Negative Commandment 176
Creeping Land Creatures
"And every creeping thing that creeps upon the earth is a detestable thing; it shall not be eaten"—Leviticus 11:41.
It is forbidden to eat any creature that creeps on the ground, such as bugs or worms.
Full text of this Mitzvah »
Negative Commandment 177
Insects that are Born from Decay
"You shall not defile yourselves [by eating] any creeping creature that creeps upon the earth"—Leviticus 11:44.
It is forbidden to eat any species of creature that is born from rotted matter (as opposed to creatures conceived from a male and female).
Full text of this Mitzvah »
Negative Commandment 178
Insects that Develop inside Fruit or Seeds
"Among all creeping things that creep upon the earth, you shall not eat them for they are an abomination"—Leviticus 11:42.
It is forbidden to eat any living creature that is born within fruits or seeds—once they have exited the fruit or seed (even if they have now reentered).
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Monday, Adar I 13, 5776 · February 22, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 173
Non-Kosher Fish
"And they shall be a detestable thing to you, you shall not eat from their meat, and their carcasses you shall hold in abomination"—Leviticus 11:11.
It is forbidden to eat any non-kosher fish.
Full text of this Mitzvah »
Non-Kosher Fish
Negative Commandment 173
Translated by Berel Bell
The 173rd prohibition is that we are forbidden from eating non-kosher fish.
The source of this commandment is G‑d's statement1 regarding those species of fish [that do not have both fins and scales], "They shall be repulsive to you. You must avoid them by not eating their flesh."
The punishment for eating a kezayis [about 1 oz.] of their meat is lashes.
FOOTNOTES
1.Lev. 11:11.
-------------------------------------Negative Commandment 175
Flying Insects
"And every creeping flying thing is unclean to you: they shall not be eaten"—Deuteronomy 14:19.
It is forbidden to eat any flying insect, such as flies, bees or hornets.
Full text of this Mitzvah »
Flying Insects
Negative Commandment 175
Translated by Berel Bell
The 175th prohibition is that we are forbidden from eating insects that fly,1 such as flies, bees, hornets, and similar species.
The source of this commandment is G‑d's statement in Deuteronomy,2 "All flying insects are unclean to you. They may not be eaten."
In the words of the Sifri, "The verse 'All flying insects...' constitutes a negative commandment."
The punishment for eating one3 [of these insects] is lashes.
FOOTNOTES
1.See Kapach, 5731, note 70.
2.Deut. 14:19.
3.One gets lashes only for eating an entire insect. If the insect is in pieces, one receives lashes only for eating a kezayis. The same applies to the other prohibitions involving insects.
--------------------------------------Negative Commandment 176
Creeping Land Creatures
"And every creeping thing that creeps upon the earth is a detestable thing; it shall not be eaten"—Leviticus 11:41.
It is forbidden to eat any creature that creeps on the ground, such as bugs or worms.
Full text of this Mitzvah »
Creeping Land Creatures
Negative Commandment 176
Translated by Berel Bell
The 176th prohibition is that we are forbidden from eating insects [that breed] on the ground, such as worms, beetles, and benas vardan.1
The source of this commandment is G‑d's statement,2 "Every small creature which breeds on land is repulsive to you. It may not be eaten."
The punishment for eating any of them is lashes.
FOOTNOTES
1.The Arabic name for a type of beetle known to live in damp places.
2.Lev. 11:41.
--------------------------------------Negative Commandment 177
Insects that are Born from Decay
"You shall not defile yourselves [by eating] any creeping creature that creeps upon the earth"—Leviticus 11:44.
It is forbidden to eat any species of creature that is born from rotted matter (as opposed to creatures conceived from a male and female).
Full text of this Mitzvah »
Insects that are Born from Decay
Negative Commandment 177
Translated by Berel Bell
The 177th prohibition is that we are forbidden from eating an insect which is created from decayed matter,1 even though it is not a particular species and is not created from a male-female relationship.
The source of this commandment is G‑d's statement,2 "Do not defile your souls [by eating] any small creature that lives on land."
In the words of the Sifri, "The verse, 'any small creature that lives on land' [comes to include an insect] even if it does not multiply."3
This is the difference between the phrase, "a small creature that is shoretz on land," and "a small creature that is romeis [on land]." "A small creature that is shoretz" refers to something that has the ability to produce offspring like itself and reproduces on land. "A small creature that is romeis" refers to something which is created from decayed matter and does not produce a creature like itself.
The punishment for eating any of these is also lashes.
FOOTNOTES
1.See N (and the footnotes) for further discussion of this topic.
2.Lev. 11:44.
3.I.e. coming from the decaying matter, rather than from a parent insect.
--------------------------------------Negative Commandment 178
Insects that Develop inside Fruit or Seeds
"Among all creeping things that creep upon the earth, you shall not eat them for they are an abomination"—Leviticus 11:42.
It is forbidden to eat any living creature that is born within fruits or seeds—once they have exited the fruit or seed (even if they have now reentered).
Full text of this Mitzvah »
nsects that Develop inside Fruit or Seeds
Negative Commandment 178
Translated by Berel Bell
The 178th prohibition is that we are forbidden from eating creatures that come into existence within seeds and fruit. [They are prohibited only] after they emerge and crawl on the surface of the seed or fruit. Even if they are found later within the food,1 they may not be eaten, and the punishment for eating them is lashes.
The source of this commandment is G‑d's statement,2 "All small creatures which breed on land may not be eaten, for they are repulsive."
In the words of the Sifri, "This comes to include [an insect that] emerged to the ground3 and then returned."
FOOTNOTES
1.I.e. after emerging once, the insect returned to its original place.
2.Lev. 11:42.
3.I.e. from inside the food to the surface.
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• 1 Chapter: Shemita Shemita - Chapter 8 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Shemita - Chapter 8
Audio: Listen | Download | Video Class• Shemita - Chapter 8
Halacha 1
Halacha 2
These are the utensils which a craftsman is not permitted to sell in the Sabbatical year to someone who is suspect [to violate the laws of] the Sabbatical year:4 a plow and all of its accessories, a yoke [for a team of oxen], a winnowing fork, and a mattock.5 This is the general principle: Any [utensil] that is exclusively used for a type of work that is forbidden in the Sabbatical year is forbidden to be sold to a person suspect [to violate the laws of] the Sabbatical year. [If it is used for] a type of work that may be forbidden or which might be permitted, it is permitted to be sold to a person suspect [to violate the laws of] the Sabbatical year.6
Halacha 3
What is implied? He may sell him a sickle and a wagon and all of its accessories. For if he uses it to harvest a small amount of produce and he brings a small amount of produce on the wagon, it is permitted.7 If, however, he harvests in the ordinary manner of reapers or brings all the produce of his field, it is forbidden.8
Halacha 4
It is permissible to sell [a utensil] - even one which is exclusively used for tasks forbidden in the Sabbatical year - to someone who is not suspect [to violate the laws of] the Sabbatical year9 without any stipulations, because it is possible that he purchased the article in the Sabbatical year to perform work [with it] after the Sabbatical year.
Halacha 5
A potter may sell a person five jugs for oil and fifteen jugs for wine.10 It is permitted to sell a larger amount to a gentile.11 One need not suspect that perhaps he will sell them to a Jew. One may sell many jugs to a Jew in the Diaspora. One need not suspect that perhaps he will bring them to Eretz [Yisrael].12
Halacha 6
One may sell a cow that plows to a person suspect [to violate the laws of the Sabbatical year] in the Sabbatical year, because it is possible to slaughter it. One may sell such a person a field, for it is possible that he will leave it fallow.13 He may not, however, sell him an orchard unless he stipulates that [the purchaser] does not have a share in the trees' [produce].14 He may lend him [a measure of] a se'ah even though he knows that he has a granary,15because he might use it to measure in his house. And he may exchange money for him even though he knows that he has workers [employed in violation of the laws of the Sabbatical year]. In all these instances, [if the purchaser states] explicitly [that he is intending to use the article in violation of the laws of the Sabbatical year, it] is forbidden.16
Halacha 7
Halacha 8
We may encourage the gentiles [working] in the Sabbatical year, but only verbally. For example, if one sees one plowing or sowing, he should tell him: "Be strong," "Be successful," or the like, because they are not commanded to let the land rest. One may not physically assist them.19 It is permitted to remove honey from a beehive with them and one may enter a sharecropping agreement with them for land whose ground was broken [in the Sabbatical year],20 for they are not obligated to observe [these restrictions]. [Hence,] they are not penalized [for their violation].21
Halacha 9
In Syria,22 it is permitted to perform labor with produce that has been harvested,23 but not with produce that is still connected to the earth. What is implied? One may thresh produce, winnow it, squeeze grapes, and make sheaves out of grain,24but one may not harvest grain, grapes, olives, or perform any similar activities.
Halacha 10
Just as it is forbidden to engage in business transactions with the produce of the Sabbatical year25 or to store them [until after the obligation of biyur has been incurred],26 so too, it is forbidden to purchase them from a common person. [The rationale is that] we do not give even the slightest amount of money exchanged for the produce of the Sabbatical year27 to a common person, lest he not partake of [food purchased with it] in a manner that befits the holiness of the Sabbatical year.28
Halacha 11
Halacha 12
When does the above33 apply? When a person sells types of fruit that are usually protected, e.g., figs, pomegranates, or the like. If, however, he sells fruit which we could assume is ownerless, e.g., rue, amaranth, moss rose, coriander34 and the like, it is permitted to purchase from them a small amount, merely the worth of three meals. [This leniency was granted to allow] the seller to earn his livelihood.35
Halacha 13
Similarly, any species from which the tithes are not obligated to be separated, e.g., exceedingly powerful garlic, the onions of Rikpah,36 a pearled Cilcilian bean, Egyptian lentils,37 and the like, and also the seeds of plants when [the seeds] are not eaten, e.g., those of turnips, radishes, and the like, may be purchased from any person in the Sabbatical year.38
Halacha 14
When does the above apply? To an ordinary common person.39 When, however, one is suspect to carry out transactions with the produce of the Sabbatical year or to guard his produce and sell it, we may not purchase anything from him that has any connection to the Sabbatical year. [Similarly,] we may not purchase flax - even combed out flax40 - from him. One may, however, purchase [flax] that has been spun and twisted [into threads].41
Halacha 15
A person who is suspect [to sell produce of] the Sabbatical year is not necessarily considered as suspect to [sell produce of the second] tithe. [Similarly,] one who is suspect [to sell produce of the second] tithe is not necessarily considered as suspect to [to sell produce of]s of] the Sabbatical year even though they are both Scriptural commandments.42[The rationale is that each possesses a stringency which the other lacks.] The [second] tithe must be brought to [Jerusalem]43 and this does not apply with regard to [the produce of] the Sabbatical year. [Conversely, the produce of] the Sabbatical year cannot be redeemed44 and this does not apply with regard to [the produce of] the second tithe.
Halacha 16
A person who is suspect [of selling impure food as if it were] ritually pure is not suspect [to sell produce of the second] tithe or [that of] the Sabbatical year. For the impure food that was sold as being ritually pure imparts impurity to others only according to Rabbinic Law45 and one who is suspect [of causing the transgression] of Rabbinic Law is not suspect [of causing the violation] of Scriptural Law.46
Halacha 17
Whenever a person is suspect [of selling entities in violation of a prohibition], even though his word is not accepted with regard to his own property, his word is accepted with regard to [the property of] others. We operate under the assumption that a person will not violate a prohibition for the sake of others. Therefore even though a person is suspect with regard to a given [prohibition], he may judge and offer testimony regarding this matter.47
Halacha 18
Priests are considered suspect with regard to [the prohibitions of] the Sabbatical year.48 [The reason is that] they rationalize their conduct saying: Since the terumot are permitted to us even though they are forbidden to non-priests [and this violation is punishable] by death,49 certainly, the produce of the Sabbatical year is permitted to us.
Therefore when a se'ah of terumah falls into 100 se'ah of the produce of the Sabbatical year, a se'ah should be separated.50 If it fell into less than 100se'ah, they entire mixture should be left to rot instead of being sold to priests as other produce which is miduma,51 because they are suspect to violate the prohibitions of the Sabbatical year.
Halacha 19
Halacha 20
In the Sabbatical year, the collectors of the kupah55 were not careful [to refrain from entering] the courtyards of those who partake [of the sefichin] of the Sabbatical year. If they gave a loaf of bread, it is permitted [for the poor to partake of it].56 We do not suspect that perhaps it is from the sefichin of the Sabbatical year.57For the Jews were not suspect to give [the produce of the Sabbatical year to charity], only money received for the produce of the Sabbatical year or eggs which were purchased with money received for the produce of the Sabbatical year.58
FOOTNOTES
1.
As stated in Chapter 1.
2.
They should not be given verbal encouragement. Needless to say, they should not be given assistance. Compare to Halachah 8.
3.
In this context, the Rambam writes in his Commentary to the Mishnah (Sh'vi'it 5:6):
God declared (Leviticus 19:14): "Do not place a stumbling block before the blind." The intent is that when someone has been blinded by desire and his bad character traits should not be assisted in his blindness to add to his warped conduct.
4.
One may, however, sell these utensils to someone who is not suspect of violating the laws of the Sabbatical year, as stated in Halachah 4.
5.
A long pronged tool.
6.
As long as there is a possibility that the person will use it for a permitted purpose, we assume that this is his intent (Avodah Zarah15b).
7.
See Chapter 4, Halachot 1, 24.
8.
See Chapter 4, Halachot 1, 24.
9.
The person does not have to establish a reputation as an observer of the Sabbatical year. As long as he is not known to violate its laws, one may sell to him.
10.
For these are the amounts each person is permitted to store (Chapter 4, Halachah 24).
11.
Even in Eretz Yisrael (Sh'vi'it 5:7).
12.
To sell there. In both these instances, since it is possible that the Sabbatical laws will not be broken, we do not suspect that they will [the Rambam's Commentary to the Mishnah (Sh'vi'it 5:7)].
13.
As an agricultural measure, without considering the holiness of the Sabbatical year.
14.
For otherwise, the person will certainly violate the laws of the Sabbatical year, by harvesting all the fruit of the orchard.
15.
Where he could measure the produce of the Sabbatical year. As mentioned in Chapter 6, Halachah 3, one should not measure the produce of the Sabbatical year. Even when selling it, one should sell it by estimation.
16.
For then his actions would obviously be considering as rendering assistance to the violation of the laws of the Sabbatical year.
17.
The Mishnah (Sh'vi'it 5:9) states that these leniencies are granted only "because ofdarchei shalom ('the paths of peace')," i.e., to establish unity and brotherhood among the Jewish people.
18.
For it is logical to assume that the other woman would be using the produce of the Sabbatical year and working with her would be considered as encouragement.
19.
Even in a matter that does not involve the violation of the laws of the Sabbatical year.
20.
And thus the Jew will receive some benefit from the work performed by the gentile in the Sabbatical year.
21.
If, by contrast, a Jew breaks the ground of his field in the Sabbatical year, it is forbidden to hire his field from him, as stated in Chapter 1, Halachah 13.
22.
Which is not part of Eretz Yisrael and hence, is not covered by the Scriptural prohibitions against work in the Sabbatical year, but where working the land in that year was forbidden by the Rabbis, as stated in Chapter 4, Halachah 27.
23.
Even though the produce was grown in the Sabbatical year.
24.
For all of these activities are permitted even in Eretz Yisrael according to Scriptural Law, it is only Rabbinic Law that prohibits them.
25.
Chapter 6, Halachah 1.
26.
The bracketed addition is based on the gloss of the Radbaz. Alternatively, to guard the produce in his field so that it will not be taken during the Sabbatical year (Kin'at Eliyahu).
27.
For when one pays for the produce, the holiness of the produce is transferred to the money, as explained in Chapter 6, Halachot 6-7.
28.
Thus by purchasing the produce and giving him money, one would be - at least indirectly - causing him to violate the prohibitions of the Sabbatical year. Although in many of the instances mentioned in the previous halachot, we followed the principle that as long as there was a possibility that he would not transgress, we do not restrict transactions with people who might violate the laws of the Sabbatical year, in this instances, it is very likely that a transgression will occur. Hence, we are more stringent.
In his Commentary to the Mishnah (Sh'vi'it9:1), the Rambam mentions a different reason for the prohibition against purchasing fruit from a common person, because he is likely to have harvested them and stored them in violation of the laws of the Sabbatical year.
29.
I.e., a lulav to use for the fulfillment of the mitzvah on Sukkot. This sale is permissible, because the laws of the Sabbatical year do not apply to a lulav, for it is part of the tree and not a fruit [the Rambam's Commentary to the Mishnah (Sukkah 3:9)].
30.
Which is a fruit and hence, may not be sold.
31.
But instead, desires payment.
32.
And thus, he will be paying for the lulav and not for the esrog.
33.
Prohibition against purchasing even the slightest amount of produce from a common person.
34.
Both of these are fragrant herbs. Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Sh'vi'it 9:1).
35.
These fruits and herbs grew naturally and are not cultivated. Hence, we do not assume that the person stored them away and therefore there is room for limited leniency (Radbaz).
36.
Which are also very pungent tasting. Our definition of terms is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 5:9).
37.
These types of beans and lentils are of abnormal shape and grow wild (ibid.).
38.
Since these species are not usually eaten as food, they are not bound by the Scriptural prohibitions of terumah and the tithes (Hilchot Terumah 2:3). Hence there is also room for leniency with regard to the Sabbatical year.
39.
Whose reputation vis-à-vis the observance of the Sabbatical year has not been established.
40.
The reason that it is forbidden to purchase flax from such a person is that flax seeds are sometimes considered as food. Even though the flax has been combed to some degree, there is still the possibility that it contains some seeds that are useful as food.
41.
At this stage of processing, the flax will never be used as food.
42.
As the Rambam states in his Commentary to the Mishnah (Bechorot 4:10), generally when two prohibitions are of the same degree of severity, if one is considered suspect to violate one, he is considered as suspect to violate the other. Nevertheless, this instance is an exception for the reasons stated by the Rambam.
43.
Literally, the Rambam's words mean "the place," recalling Deuteronomy 12:11: "the place which God... will choose to cause His name to dwell." See Hilchot Ma'aser Sheni2:1. This stringency does not apply with regard to the produce of the Sabbatical year which can be eaten in any place.
44.
I.e., even after its redemption, it remains holy (Chapter 6, Halachah 6). In contrast, once the produce of the second tithe is redeemed, it is considered as ordinary produce (Hilchot Ma'aser Sheni 4:1).
45.
As stated in Hilchot Sha'ar Avot HaTumah8:10.
46.
Since the Scriptural prohibitions are more severe, we assume that the person will respect them.
47.
As stated in the notes to Hilchot Ma'aser12:17, the Ra'avad does not accept this principle and maintains that if someone is considered as suspect regarding a particular issue, he is not accepted as a judge or witness concerning such matters. The Kessef Mishneh supports the Rambam's view.
48.
I.e., we fear that they will not remove the produce of the Sabbatical year from their possession at the time of biyur, but instead will store it and sell it afterwards.
49.
At the hand of heaven (Hilchot Terumah 6:5-6.
50.
And given to the priests. They must partake of it as if it were terumah, as stated in ibid.13:1. As explained there, this act is necessary in order to enable non-priests to partake of the entire mixture. And since we permit the entire mixture to non-priests, we do not suspect that the priests will keep the produce beyond the biyur.
51.
As stated in ibid. 13:2, when terumah falls into less than 100 se'ah of ordinary produce, the presence of the terumah is not nullified. Instead, the entire mixture is considered asmiduma and is sold to the priests as if it were terumah (which is sold at significantly lower price than ordinary produce). In this instance, we do not follow that ruling, because of the suspicion stated by the Rambam.
52.
People who fatten animals.
53.
Bran is used to provide body for paint and also to fatten cattle.
54.
The rationale is that the prohibition against benefiting from sefichin is only Rabbinic in origin. Hence, we do not employ a safeguard because of a doubtful situation.
55.
The city-wide charitable fund to which donations are made for the sustenance of the poor (see Hilchot Matanot Aniyim 9:1).
56.
The Radbaz maintains that this is speaking of individuals whom we merely suspect that they violate the laws of the Sabbatical year. If we know with certainty that they violate those laws, we may not take any produce from them.
57.
We do not suspect that a person will do a mitzvah - giving charity - in a manner that will cause a transgression - causing another Jew to violate the laws governing produce of the Sabbatical year [Jerusalem Talmud (Sh'vi'it 8:2)].
58.
In these instances as well, we do not suspect that the person intentionally gave the money received for the produce for the Sabbatical year (or eggs received for that produce). Instead, we suspect that because he was a common person, he was not aware of the relevant laws (Radbaz).
59.
The borrower must have such produce in his possession. Otherwise, it is forbidden to borrow the produce as a safeguard to the prohibition against taking interest (ibid.).
60.
This leniency is granted only as consideration for the needs of the poor (ibid.). He may not purchase it from him, for in that instance, the money would become money received for produce of the Sabbatical year. We are afraid that the common person will not purchase food with that money and eat it before the obligation ofbiyur takes effect.
61.
They should not be repaid with the produce of the Sabbatical year, because the produce of the Sabbatical year should not be given to a common person. We do not say the produce with which he repays him is produce received for produce of the Sabbatical year, because the exchange was not made in that year.
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• 3 Chapters: Ma'achalot Assurot Ma'achalot Assurot - Chapter 5, Ma'achalot Assurot Ma'achalot Assurot - Chapter 6, Ma'achalot Assurot Ma'achalot Assurot - Chapter 7 • English Text | Hebrew Text | Audio: Listen | Download• Ma'achalot Assurot - Chapter 5
Audio: Listen | Download• Ma'achalot Assurot - Chapter 5
Halacha 1
According to the Oral Tradition, we learnt1 that [the intent of] the Torah's statement "Do not partake of the soul together with the meat" [is to] forbid a limb cut off from a living animal.2 With regard to a limb cut off from a living animal, it was said to Noah [Genesis 9:4]: "But flesh, together with its soul, its blood, you may not eat."3
The prohibition against [partaking of] a limb from a living animal applies to kosher domesticated animals, wild beasts, and fowl, but not to non-kosher species.4
Halacha 2
The term ever [translated as "limb"] applies both to a limb that has flesh, sinews, and bones, e.g., a hand or a foot, and to an organ that does not have a bone, e.g., the tongue, the testicles, the spleen, the kidneys, the heart, and the like.5 [There is, however, one difference.] When an organ does not possess a bone, the prohibition [against partaking of] a limb from a living animal applies whether one cut off the entire organ or only part of it.6 When, by contrast, a limb possesses a bone, a person is not liable [for violating the prohibition against] a limb from a living animal unless he separates it in its complete state, with its flesh, sinews, and bones. If, however, he only removes flesh from the living animal, he is liable for [the prohibition against partaking of] a trefe [animal] as explained,7 and not because of a limb from a living animal.
Halacha 3
One is liable for lashes only for partaking of an olive-sized portion of a limb from a living animal. Even if one eats an entire limb or organ, if it is the size of an olive, one is liable;8 if not he is exempt.
If one cut off a olive-sized portion of flesh, sinews, and bones from the limb according to its natural form and ate it, one is liable, even if it possessed only the smallest amount of meat.9 If, however, one separated a limb which he tore off from a living animal and detached the flesh from the sinews and the meat, he is not liable for lashes unless he eats an olive-sized portion of the meat alone. The bones and the sinews are not included in the olive-sized portion since he changed [the limb's] natural form.
Halacha 4
When one divides this organ and eats it bit by bit, he is liable if there is an olive-sized portion of meat in what he ate.10 If not, he is exempt. If he took an olive-sized portion of a limb with flesh, sinews, and bones according to its natural form and ate it, he is liable, even though it became divided inside his mouth before he swallows it.
Halacha 5
When a person rips a limb from a living animal and causes it to become trefewhen doing so, he is doubly liable for partaking of it: once for [partaking of] a limb from a living animal and once for [partaking of] a trefe. Both of these prohibitions take effect at the same time.11 Similarly, if one rips fat from a living animal and partakes of it, he is doubly liable: for [partaking of] a limb from a living animal and for [partaking of] fat.12 If he rips fat from a trefe [animal], he is liable for [the violation of] three [negative commandments].13
Halacha 6
[The following rules apply when] meat is disjoined from an animal and an organ is hanging from it. If it is impossible that this meat will again become a living part of the body, it is forbidden,14 but one is not liable for lashes for it. [This applies] even though it was not separated [from the animal] until after it was slaughtered. If the animal dies, we consider [the limb] as if it fell off while [the animal] was alive.15 Therefore one receives lashes for [partaking] of it, because of the prohibition against [partaking of] a limb from a living animal. If, however, the limb could again become a living part of the body and the animal is ritually slaughtered, it is permitted.16
Halacha 7
If one pulled an organ [from its natural position],17 crushed it, ground it, e.g., one crushed testicles or pulled them from their place [and then slaughtered the animal, the organ] is not forbidden according to Scriptural Law. [The rationale is] that it possesses a trace of life - as evidenced by the fact that it does not decay. Nevertheless, it is forbidden to partake of it as a result of a custom followed by the entire Jewish people from previous generations. For it resembles a limb separated from a living animal.
Halacha 8
[The following laws apply when an animal's] bone was broken:18 If the flesh or the skin covers the majority of the thickness of the broken bone and the majority of the circumference of the fracture, it is permitted. If the bone emerged outside [the skin], the limb is forbidden. When the animal or the fowl is slaughtered, one should cut off [the limb] at the place where it is broken and discard it. The remainder of the limb is permitted.
We rule that [the limb] is forbidden until the flesh is healed [in all the following situations]: the bone broke, the flesh covers the bone, but that flesh was crushed or decayed like flesh which a doctor would remove, it is scattered in many different places,19 there were many perforations within the flesh,20 the flesh was cracked or pierced like a ring, the flesh was rubbed off from above until only a [thin] peel remained, or the flesh decayed from below around the broken bone to the extent that the flesh surrounding the bone does not touch it.21 If a person partook [of the limb] in any of these [circumstances], he is liable for stripes for rebellious conduct.
Halacha 9
When a person inserts his hand into the inside of an animal, cuts off the spleen, one of the kidneys, or the like,22 but leaves [the severed organ] inside the animal, and then slaughters it, the pieces cut off are forbidden as organs from a living animal although they remained within the animal's womb. If, however, he cut away [a portion of] a fetus within the womb, but did not remove it, and then slaughtered [the mother], the pieces or limbs of the fetus are permitted because they did not emerge [outside the mother].23
When a fetus sticks its foreleg or hind leg out of the womb, that limb is forbidden forever, whether one cuts off [the limb] before he slaughters the mother or afterwards.24 Even if it returns the limb to the womb of the mother and afterwards, [the mother] was slaughtered or the fetus was born and lived for several years,25 that limb is forbidden as a trefe. [The rationale is that] all meat that emerged from its natural position is forbidden as flesh that was separated from a living animal.
[This is derived from the phrase (Exodus 22:30):] "Meat [from an animal that was] mortally wounded (trefe) in the field." [Our Rabbis extrapolated:] When meat comes out to a place that is like a field for it,26 it becomes trefe, as we explained.27
Halacha 10
[When the fetus] sticks out a portion of a limb and a portion remains within, even if it is only the minority of it, the portion which emerged is forbidden and that which remained within is permitted.
If he cuts off the portion of the limb that emerged after it was returned within the animal and the animal was slaughtered, only that portion is forbidden, the remainder of the limb is permitted. If he did not return it to the womb and it remained outside and he cut it off there, the place where he cut it off - i.e., the place on the limb open to the air after the limb was cut off - is forbidden. He must afterwards cut off this portion as well. [This applies] whether he [originally] cut off the portion of the limb before [the mother] was slaughtered or afterwards.
Halacha 11
Whenever a limb emerges and is cut off before the animal is slaughtered while it is outside, it is considered as a limb from a living animal28 and one is worthy of lashes for partaking of it. [This applies] even if the fetus dies before [the mother] is slaughtered.29 If it is cut off after ritual slaughter, one who partakes of it is not liable for lashes,30 even if it dies. If [the mother] dies and then one cuts off this limb, one who partakes of it is liable for lashes for the prohibition against partaking of a limb from a living animal.31
Halacha 12
[The following rule applies when] a fetus sticks out a limb and that limb becomes forbidden and then the fetus is born.32 If it is female, we are forbidden to drink its milk because of an unresolved halachic question.33 For the milk comes from all of the animal's limbs and it has a limb which is forbidden. Hence, it is comparable to milk from a trefe animal that becomes mixed with milk from a kosher animal.
Halacha 13
When a person slaughters a kosher animal that is pregnant and discovers a fetus - whether live or dead - within it, the fetus is permitted to be eaten.34Even the placenta is permitted to be eaten.35
[The following rules apply if] a portion of the placenta emerged and then one slaughtered the mother. If the placenta was attached to the fetus, the portion which emerged is forbidden36 and the remainder is permitted. If it is not attached to the fetus, it is forbidden in its entirety, for perhaps the fetus that was in this placenta disappeared37 and maybe the placenta of the fetus that is found in the womb disappeared. Needless to say, if a fetus is not found in the womb at all, the placenta is forbidden in its entirety.
Halacha 14
If one finds a living fetus [in the womb of a slaughtered animal] - even though it has been carried for nine months,38 and it is possible that it will live, it does not require ritual slaughter.39 Instead, it is acceptable because of the slaughter of its mother. If it steps on the ground, it requires ritual slaughter.40
Halacha 15
If a person ripped open an animal41 or slaughtered an animal that was trefeand found a live fetus that had been carried for nine months, [that fetus] must be ritually slaughtered to be permitted.42 The slaughter of its mother is not effective.43
If the period [of gestation] was not completed, it is forbidden even though it is alive in the womb of the trefe animal. [The rationale is that] it is considered as one of the mother's limbs.44 Whenever an animal thrust its head [out of the womb] and then returned it and [only] afterwards its mother was slaughtered, the slaughter of its mother has no bearing on it, it is considered as if it was born and it must be ritual slaughtered [to be permitted].
FOOTNOTES
1.
Chullin 102b.
2.
Sefer HaMitzvot (negative commandment 182) and Sefer HaChinuch (mitzvah 452) include this prohibition among the 613 mitzvot of the Torah.
3.
This prohibition is also one of the seven universal laws commanded to Noah and his descendants (Hilchot Melachim 8:10).
4.
Since the species is forbidden, no additional prohibitions apply.
5.
The Merkevat HaMishneh notes that this represents a difference between this prohibition and the prohibition against ritual impurity stemming from a limb where the limb must possess a bone. He explains that there a bone is necessary, for the source of the impurity is that of a corpse, and a corpse possesses bones.
6.
The Ra'avad differs with the Rambam and does not accept this distinction. He maintains that partaking of part of an organ is also included in the prohibition against partaking of a trefe.
7.
Chapter 4, Halachah 10.
8.
We do not consider an organ or limb as a distinct creature and hold him liable, as he is liable for partaking of an ant, even if it is smaller than an olive. Chulin 102a explains that we require an olive-sized portion for the verse that states the prohibition speaks of "partak[ing] of the soul." The term partaking is appropriate only when one eats an olive-sized portion.
9.
Since one did not alter its natural form, one is liable for the bones and sinews as well.
10.
Even though he did not detach the meat from the sinews and the bones, since he cut the limb and distorted its natural form, we consider only the meat and not the other elements of the limb.
11.
This explains why the person is liable for the prohibition against partaking of a trefe, for seemingly, we should follow the principle "a prohibition does not fall on a substance which is already forbidden." This principle does not apply in this instance, for here, both prohibitions take effect at the same time. Hence, one does not take precedence over the other and the transgressor is liable for both. (See Hilchot Issurei Bi'ah 17:8-10; Chapter 14, Halachah 18, for explanation regarding these principles.)
12.
He is liable for both prohibitions, because the prohibition against partaking of a limb from a living animal is of a wider scope (issur mosif; i.e., it is forbidden to gentiles as well as Jews) than the prohibition against partaking of forbidden fat (Lechem Mishneh).
Kin'at Eliyahu asks why a limb taken from a forbidden species is not forbidden. Here also, the prohibition against taking a limb from a living animal is of a wider scope than that against partaking of a forbidden species.
13.
The two mentioned in the previous clause and the prohibition against partaking of atrefe.
He is liable for all three prohibitions, because the prohibition against partaking of forbidden fat is of a wider scope than the prohibition against partaking of a trefe and the prohibition against partaking of limb of a living animal is of a wider scope than the other two (ibid.).
14.
From a comparison to the following halachah, it appears that this prohibition is of Scriptural origin.
15.
Chullin 74a makes this distinction between an animal that dies naturally and one which is ritually slaughtered.
16.
For it is considered as part of the animal.
17.
Without detaching it.
18.
In Hilchot Shechitah 8:11-12, the Rambam mentions instances where a broken bone causes an animal to be designated as trefe. Here the Rambam is speaking of instances where the broken bone does not cause the animal to be trefe and the question involves merely the broken limb. May the meat from that limb be eaten or not?
19.
I.e., when one would calculate the entire amount of the flesh, it would be large enough to cover the majority of the bone. Nevertheless, it is not located in large sections, but is instead, made up of many small pieces.
20.
None of these perforations, however, caused a decrease in the mass of the flesh.
21.
Chullin 76b mentions all these circumstances without reaching a final ruling regarding them. Hence we rule stringently.
22.
I.e., organs that do not cause an animal to be considered as a trefe.
23.
This distinction is made on the basis ofChulin 68a, 69a. The rationale is that the animal's organs are an integral part of it. On the basis of Deuteronomy 14:5, "You shall eat it," our Sages explain when it's whole, you may eat everything within it, but not when it is lacking. The fetus, however, is not considered an integral part of the animal. Hence, as long as its limbs have not emerged outside the womb, they are permitted with the slaughter of the mother.
24.
From this halachah and Halachah 11, we see that there are two prohibitions involved: partaking of a limb considered trefe and partaking of a limb from a living animal. At times, one applies, and in other situations, the other applies.
25.
The Maggid Mishneh and Kessef Mishnehinterpret this as referring to a situation where the fetus was not born before the mother was ritually slaughtered (see also Halachah 12). Instead, the mother was slaughtered while the fetus was still in its womb. Afterwards, the fetus was taken out and it survived. If, however, the fetus is born before the mother is slaughtered, the leg which emerged is not forbidden. When the calf is slaughtered, all of its legs are permitted. There are authorities who differ whether this is the Rambam's intent. Most, however, agree that this ruling should be followed in practice [Rama (Yoreh De'ah14:2)].
26.
I.e., it is not its natural place.
27.
See Chapter 4, Halachah 10.
28.
As evident from a comparison to Halachah 9, the prohibition against partaking of a trefeapplies only when the limb was cut off following the ritual slaughter of the mother.
29.
For the ruling is dependent on the mother's condition, not that of the fetus. Even if the fetus dies, it is permitted to partake of it after the slaughter of the mother (see Tosafos, Chullin 72a).
30.
I.e., he is not liable for lashes for transgressing the prohibition against partaking of a limb of a living animal. As reflected by Halachah 9, he violates the prohibition against partaking of a trefe. The Ra'avad maintains that he is liable for lashes for this violation. The Maggid Mishnehmaintains that this situation is comparable to a maimed limb as described in Halachah 6 in which instance a Scriptural prohibition is involved, but one is not liable for lashes.
31.
And not for either the prohibition against partaking of a trefe or a nevelah. The death of the mother causes the limb to be considered as if it fell off during the animal's lifetime. See Hilchot Sha'ar Avot HaTumah2:9 which explains the parallels that apply with regard to the laws of ritual impurity.
32.
The Maggid Mishneh states that this also refers to a situation where the fetus was born after the mother was slaughtered.
33.
Chullin 69a asks whether this milk can be compared to milk from a kosher animal or not. The distinction is that a kosher animal will become permitted if it is slaughtered in the ritual manner and this limb will never become permitted.
34.
With regard to a live fetus, see the following halachah. With regard to a dead fetus, the Rambam is emphasizing that it is not considered as a separate entity (in which case it would be forbidden as a nevelah), but instead as one of the limbs of the mother.
35.
Chapter 4, Halachah 5, states that a placenta that is expelled together with the newborn is forbidden to be eaten. In this instance, however, since the placenta has not been expelled, it is still considered part of the mother's body and permitted.
36.
Like the limb of a fetus that emerged before ritual slaughter (Maggid Mishneh).
The Ra'avad states that the placenta is comparable to an animal's waste products and therefore is not forbidden at all. TheMaggid Mishneh justifies the Rambam's ruling.
37.
Which was not permitted because of the slaughter of the mother.
38.
I.e., the period of gestation was full term.
39.
And can be killed in any manner.
40.
Because of the impression that might be created (Chullin 75b).
41.
Without slaughtering it according to Torah law.
42.
The Rama (Yoreh De'ah 13:3) states that at present, we do not permit any fetus found in the womb of a trefe even if it was ritually slaughtered.
43.
Since the slaughter of the mother does not cause the mother to be permitted, it is not effective with regard to the fetus.
44.
Since the period of gestation has not been completed, it is not considered as an independent entity. Even if it is taken from the womb and lives for a brief time, ritual slaughter does not cause it to be permitted.
Ma'achalot Assurot - Chapter 6
Halacha 1
When a person partakes of an olive-sized1 portion of blood intentionally, he is liable for karet.2 If he does so inadvertently, he is liable to bring a fixed sin-offering.3
It is explicitly stated in the Torah that he is liable for partaking of blood from all domesticated animals, wild beasts, and fowl alone. This applies whether they are from a non-kosher or kosher species,4 as [Leviticus 7:26] states: "You may not partake of any blood from a fowl or an animal in all your dwellings." A wild beast is considered as an animal as [Deuteronomy 14:4-5] states: "These are the animals that you may eat: an ox... a gazelle and a deer...."5
One is not, [by contrast,] liable for transgressing of the prohibition against partaking of blood6 for partaking of the blood of fish, locusts, creeping animals, teeming animals, or humans. Therefore it is permitted to partake of the blood of kosher fish and locusts. Even if one collects it in a container and drinks it, it is permitted.7 The blood of non-kosher fish and locusts is forbidden because it comes from their bodies like the milk of a non-kosher animal.8 The blood of creeping animals is comparable to their bodies, as we explained.9
Halacha 2
The blood of a human is forbidden according to Rabbinic law if it departed [from the person's body]. One is liable for stripes for rebellious conduct for [partaking] of it. When, by contrast, one's teeth bleed, he may swallow it; he need not hold himself back. If one bit into bread and found blood upon it,10 he must scrape away the blood before partaking of it, for the blood has departed [from the body].
Halacha 3
One is liable for karet only for blood that flows out [from the animal] when it is slaughtered, killed, or decapitated as long as it is tinted red, blood that is collected within the heart,11 and blood that is let, i.e., blood that flows forcefully [from the body]. One is not, however, liable for blood that drips at the beginning of bloodletting before it begins to flow forcefully or blood that drips at the ending of bloodletting when the bleeding begins to cease. It is like "blood within the limbs." [The reason for the distinction is that] blood that flows forcefully is bleeding through which the soul may expire.
Halacha 4
One is not liable for kerat for concentrated blood12 or the blood within the limbs, i.e., the blood of the spleen, the kidneys, the testicles, the blood that collects in the heart at the time the animal is slaughtered, and the blood found in the liver.13 A person who partakes of an olive-sized portion of it, however, is liable for lashes, as it is written: "You may not partake of any blood."14 With regard to one's liability for kerat [Leviticus 17:11] states: "For the soul of the flesh is in the blood." [Implied is that] one is liable for kerat only for blood that causes the soul to expire.
Halacha 5
Halacha 6
Whether one [desires to] roast or cook a heart, one must cut it open, remove its blood, and then salt it.18 If one cooks a heart without cutting it open, one may cut it open after it was cooked. It is then permitted.19 If one did not cut it open and partook of it, one is not liable for kerat.
When does the above apply? With regard to the heart of a fowl, because it does not contain an olive-sized portion of blood.20 If, by contrast, one [partakes] of the heart of an animal, one is liable for kerat. For there is an olive-sized portion of blood within the heart and therefore one is liable forkerat.21
Halacha 7
If one cuts open the liver22 and casts it into vinegar or boiling water until it turns white, it is permitted to cook it afterwards.23 It has already become universal Jewish custom to singe it over a fire24 and then cook it. [This applies] whether one cooks it alone or one cooks it with other meat.25
Similarly, it is a common custom that the brains are not cooked nor roasted until they are singed over a fire.26
Halacha 8
When a liver was cooked without being singed over a fire or cast into vinegar or hot water, the pot in which it was cooked is forbidden entirely: the liver and everything cooked with it.27
It is permitted to roast a liver together with other meat on one spit, provided the liver is positioned below [the other meat].28 If one transgressed and roasted it while it was positioned above the meat, [after the fact,] one may eat it.
Halacha 9
It is permitted to cook a spleen29 together with meat, because it is not blood, but meat that resembles blood.
When one breaks the neck of an animal before its soul expires, the blood is absorbed into the limbs.30 It is forbidden to eat raw meat from it even if one causes the blood to be sealed.31 What should be done? One should cut open32 the piece and salt it thoroughly and afterwards, cook it or roast it.33
We have already explained34 that when a person slaughters a domesticated animal, wild beast, or fowl and no blood emerges, they are permitted.
Halacha 10
Meat does not release [all] the blood it contains unless it is salted thoroughly and washed thoroughly. What should one do? One should wash the meat first35 and afterwards, salt it thoroughly. One should leave it in the salt for the time it takes to walk a mil36 and then wash it thoroughly, [continuing] until clean water emerges.37 Immediately afterwards, one should cast it into boiling water - warm water is not [sufficient] - so that it will become white immediately and [no further] blood will be released.38
Halacha 11
When we salt meat, we salt it only in a utensil that has holes.39
We salt it only with thick salt that resembles coarse sand. [The rationale is that] salt that is thin like flour will be absorbed by the meat and will not extract the blood.40
One must shake the salt from the meat before washing it.41
Halacha 12
All of the above procedures apply with regard to meat that one must cook. For roasting, by contrast, one may salt the meat and roast it immediately.42
When a person desires to eat raw meat, he should salt it thoroughly43and wash it thoroughly. If he causes the blood to be sealed [by casting the meat into] vinegar, it is permitted to eat the meat while raw.44 And it is permitted to drink the vinegar which sealed it, for vinegar does not extract blood.
Halacha 13
Vinegar in which meat was sealed should not be used to seal meat a second time.45 When a piece of meat turns red within vinegar,46 it and the vinegar are forbidden. [It can be permitted by] salting it thoroughly and roasting it.
When meat turns red,47 similarly, the testicles of an animal or beast and their membranes,48 and similarly the neck which contains large blood vessels that are filled with blood, it is permitted to cook them if they are cut open and salted as required. If one did not cut them open and instead roasted them on a spit, they are permitted if he roasted the neck with its opening facing downward or he roasted all of them on the coals themselves.
Halacha 14
[The following rules apply when one] roasts the head of an animal in an oven or a furnace. If one hangs the head with the opening to its neck49 hanging downward, it is permitted, for the blood will emerge and flow outward.50 If the opening to the neck is positioned to the side, the brain is forbidden, because the blood collects in it.51 The remainder of the meat on the external surface of the bones is permitted.52
Should he [roast it] with its nose positioned downward, if he places a straw or a reed in its nose so that it will remain open and the blood can flow out through it, [the brain] is permitted. If not, it is forbidden.
Halacha 15
One should not place a utensil beneath meat53 that is being roasted to collect the juice [dripping from it] until no red color remains in the juice. What should be done?54 One places a small amount of salt55 in the utensil and leaves the utensil there until the meat roasts. He then removes the fat resting on top. The liquid below the fat is forbidden.56
Halacha 16
When roasted meat is sliced over a piece of bread, it is permitted to eat the bread, for [the liquid] which exudes is only fat.57
When fish and fowl are salted together, even in a utensil with holes, the fish are forbidden. [The rationale is that] the fish is soft and will absorb the blood which is being exuded by the fowl.58 Needless to say, [this law applies] if one salted fish together with the meat of an animal or beast.
Halacha 17
When one leaves fowl whole, stuffs their cavity with meat and eggs, and cooks them, they are forbidden, for the blood flows into them.59 This applies even if one salted them thoroughly,60 and even if the meat inside them was cooked or roasted. If one roasted [the fowl], they are permitted.61 [This applies] even if the meat inside them was raw and even if their opening was pointed upward.62
Halacha 18
When one filled intestines [that were not salted] with roasted or cooked meat in this manner or with eggs and cooked them or roasted them, they are permitted. [The rationale is that] we do not presume that there is blood in the intestines.63 The Geonim ruled in this manner.
Halacha 19
[The following rules apply when] one coated fowl64 with flour and roasted them, whether whole or cut in portions. If they were coated with coarse flour, one may partake of the coating, even if it became reddish. [The rationale is that] coarse flour will crumble65 and the blood will flow outward. When they are coated with wheat flour that was moistened [before being ground],66 it is permitted to eat from the coating if it is white like silver. Otherwise, it is forbidden. If they were coated with other flours, they are forbidden if they turn red. Otherwise,67 they are permitted.
Halacha 20
It is forbidden to use a knife that was used for ritual slaughter to cut hot meat68unless the knife was exposed to fire until it turned white, sharpened in a sharpener or inserted into hard earth ten times. [After the fact,] if one cut hot meat with it, it is permitted.
Similarly, one should not cut radishes or other sharp foods69 with it at the outset. If one washed the knife or cleaned it with a utensil, it is permitted to cut radish and the like with it, but not hot meat.
FOOTNOTES
1.
Although blood is a liquid, the Rambam mentions an olive-sized portion, i.e., a measure of mass, rather than a fourth of alug, a liquid measure. It is possible to explain that since the Torah uses the word "eat" while stating the prohibition, the intent is the same measure that applies with regard to other prohibitions involving "eating," an olive-sized portion.
2.
The soul is cut off in this world (i.e., the person dies prematurely) and in the world to come (Hilchot Teshuvah 8:1). Whenever a person is liable for karet, he is punished by lashes if he was warned before committing the transgression. If lashed, he is absolved from karet.
Sefer HaMitzvot (negative commandment 184) and Sefer HaChinuch (mitzvah 148) include this prohibition among the 613 mitzvot of the Torah.
3.
This term is used to differentiate this offering from a guilt offering whose value is adjusted according to the person's means.
4.
In contrast to the prohibition against partaking of cheilev, forbidden fat, which applies only with regard to kosher species of domesticated animals.
5.
I.e., the verse uses the term behemah which more specifically refers to domesticated animals and mentions both domesticated animals and wild beasts.
6.
One may, however, be liable for another prohibition as the Rambam continues to explain.
7.
The Ra'avad and the Maggid Mishneh note that Keritot 21a states that it is permitted to partake of fish blood that has been collected only when fish scales are placed in it. Otherwise, it is forbidden because of the impression that may be created. TheShulchan Aruch (Yoreh De'ah 66:9) quotes this view.
8.
As apparent from Chapter 3, Halachot 1 and 6, although this prohibition is of Scriptural origin, it is not punishable by lashes. See also Chapter 3, Halachah 22.
9.
Chapter 2, Halachot 9-10.
10.
I.e., the same blood that he is permitted to swallow.
11.
See the Rambam's Commentary to the Mishnah (Keritot 5:1) where he states that this is the blood of fundamental importance. See also Halachot 5-6.
12.
I.e., blood that flows slowly after the majority of the animal's blood has already been discharged. See the Rambam's Commentary to the Mishnah (loc. cit.).
13.
There is a difference of opinion among the Rabbis if the prohibition against the blood of the liver is Scriptural or Rabbinic in origin. See the gloss of Rav Moshe HaCohen.
14.
The term "blood within the limbs" appears to refer to blood that is absorbed within the meat and organs of the animal. As indicated later in this chapter and as stated in theShulchan Aruch (Yoreh De'ah 67:1, this blood is forbidden only when it emerges from the meat or moves from place to place within the meat. See the notes to Halachah 12.
15.
There is a distinction between the blood of a fetus and its fat (which is permitted in certain circumstances, see Chapter 7, Halachah 3). The rationale is that the verse forbidding blood prohibits "any blood" (Lechem Mishneh).
16.
As stated in Halachah 3.
17.
According to the Maggid Mishneh, even if one slaughters the fetus after removing it from its mother's womb, he is not liable for partaking of its blood.
18.
As stated in Halachah 12, the Rambam maintains that even when one roasts meat, he must salt it first. As stated in the notes to that halachah, there are other Rabbis who differ with that point and require salting only when one cooks meat. See also the Rama (Yoreh De'ah 72:1) which quotes certain authorities that forbid eating a cooked heart, even if it was cut open and salted.
19.
Pesachim 74b states that the meat of the heart is smooth and hard and will not absorb the blood. Other substances that are cooked with it, however, are forbidden (Maggid Mishneh in the name of the Rashba). The Ra'avad and others differ with the Rambam and consider a heart cooked with its blood as forbidden. This is the view cited by the Shulchan Aruch (Yoreh De'ah72:2).
20.
The heart of a fowl is not large enough for there to be an olive-sized portion of blood absorbed within its meat before slaughter. And it is only that blood for which one is liable for kerat. If an olive-sized portion of blood collects there when the animal is slaughtered, one is liable for lashes.
21.
This indicates that according to the Rambam, even when one cooks blood, one is liable for kereit for partaking of it (Lechem Mishneh). Other authorities differ and maintain that if blood has been cooked or salted, one is not liable according to Scriptural Law (Siftei Cohen 87:15).
22.
The Shulchan Aruch (Yoreh De'ah 73:1) states: "The liver has an abundance of blood. Therefore at the outset, it is not a sufficient measure to prepare it for cooking by salting."
The liver must be cut open thoroughly so that the blood contained in the blood vessels inside of it will flow out. Afterwards, placing it in vinegar or hot water causes the blood to be sealed in its place and not to flow into other portions of the liver. It is only blood that flows from place to place within the meat itself that is forbidden (Kessef Mishneh).
23.
Implied is that if one desires to roast it, there is no difficulty (Maggid Mishneh).
Many opinions maintain that we are not knowledgeable with regard to the process of casting a liver in vinegar or boiling water in the present age and should not rely on this practice. This view is quoted in the Shulchan Aruch (Yoreh De'ah 73:2).
24.
See the Rambam's Commentary to the Mishnah (Terumot 10:11) where the Rambam mentions ordinary roasting and not singeing for the liver to be permitted.
25.
The Rama (Yoreh De'ah 73:1) states that it must be roasted to the extent that it is fit to be eaten. The Siftei Cohen 73:2 explains that this means that it must be roasted at least half the extent to which one would normally roast it.
26.
The Maggid Mishneh states that this custom is not as widespread as the custom of singeing the liver. Instead, he writes that it is customary to cut open the membrane surrounding it and then to salt it thoroughly. See the Shulchan Aruch (Yoreh De'ah 71:3).
27.
The Shulchan Aruch (Yoreh De'ah 73:2) follows the opinion that the liver itself is permitted if it is cooked after being salted, though everything cooked with it is forbidden. The Rama, however, states that the Rambam's view should be followed.
28.
For then the blood will not flow from the liver to the other meat. Hence, even at the outset, this is permitted. The Shulchan Aruch(Yoreh De'ah 73:4) states that this ruling applies with regard to the ovens that existed in the Talmudic era. In the present era, however, it is common to turn the spit upside down. Hence, one should not roast the liver together with other meat.
29.
That has been salted [Shulchan Aruch(Yoreh De'ah 74:1)].
30.
I.e., the animal suffers internal bleeding when its neck is broken. Since it is in the midst of expiring, it does not have the potential to expel this blood from its system. Instead, it becomes absorbed in its meat [Tur (Yoreh De'ah 67)].
31.
By casting it into vinegar or boiling water.
To explain the difficulty the Rambam is addressing: There is a certain amount of blood absorbed in the meat of an animal. It is forbidden to partake of blood that has moved from place to place within an animal's body and cooking meat will certainly cause such movement. To avoid this difficulty, we salt meat, for this removes the blood. Casting meat in vinegar or boiling water does not remove blood, but instead causes it to be sealed in its place without moving even when the meat is cooked. Hence, according to the Rambam, this process is effective for ordinary meat. It is not, however, effective in this instance, for the internal bleeding that resulted from the breakage of the neck leaves blood that is not in its natural place (Kessef Mishneh, see also his gloss to Halachah 12).
32.
Our translation follows the gloss of theLechem Mishneh who states that one should cut open the meat to allow its blood to flow out. The Maggid Mishneh states that it is unnecessary to cut open the meat and his view is accepted by the Shulchan Aruch(Yoreh De'ah 67:3). The Rama, however, states that at the outset, one should be stringent.
33.
It is then permitted, because the salting removes all the blood.
34.
Chapter 4, Halachah 13. In that chapter, the emphasis was that the animal was not dead when slaughtered. Here the Rambam is restating the law to emphasize that we do not fear that the blood became absorbed within the meat and will not be released through salting.
35.
Among the reasons given for this initial washing are:
a) it removes the blood on the external surface of the meat;
b) it softens the meat and enables the blood inside to flow out more easily;
c) it enables the salt to adhere well to the surface of the meat.
36.
A mil is a Talmudic measure equivalent to approximately a kilometer. According to many Rabbinic opinions, it takes 18 minutes to walk a mil. [This view is cited in the present context by the Shulchan Aruch(Yoreh De'ah 69:6).] The Rambam, however, follows a more stringent view [see his Commentary to the Mishnah (Pesachim3:2)] and requires 24 minutes.
The Rama states that these measures are acceptable only after the fact or when there is an urgent need to prepare meat quickly. Otherwise, meat should be allowed to soak in water for at least half an hour.
37.
This washing removes the salt and blood from the meat. The Shulchan Aruch (Yoreh De'ah 69:7) states that the meat should be washed twice and the Rama requires a third washing.
38.
This follows the Rambam's view that we are knowledgeable in the process of casting meat into hot water to seal it in its place. (As mentioned above, there are many who maintain that we lack that knowledge.) Moreover, in this instance, once the meat has been salted, there is no need for this measure, because all its blood has been released. For this reason, the Ra'avad and the Maggid Mishneh object to the Rambam's ruling. It is, however, mentioned by theShulchan Aruch (Yoreh De'ah 69:19).
39.
So that the blood will drain out and not be reabsorbed by the meat. If one salted meat in utensil that did not have holes, all the meat lying in the brine is forbidden. Moreover, the outer surface of the meat above the brine becomes forbidden [Shulchan Aruch (Yoreh De'ah 69:18)]. The Rama maintains that the entire piece of meat becomes forbidden.
40.
The Shulchan Aruch (Yoreh De'ah 69:3) states that one should be careful not to use salt with overly large crystals for they will not adhere to the meat. The Rama adds that if one has only thin salt, it is permitted to salt meat using it.
41.
For the water will stop the meat from releasing blood. Afterwards, the salt may cause the blood on the surface to be reabsorbed into the meat (Siftei Cohen69:27).
42.
When meat is cooked, the blood will enter the pot in which it is being cooked and cause the meat and any other substances to become forbidden. When it is being roasted, the blood will flow down from the spit without being absorbed.
The Maggid Mishneh states that the Rambam's words imply that he maintains that one must salt meat before roasting it. There are other Rabbinic opinions that do not accept that approach. (They are favored by the Shulchan Aruch (Yoreh De'ah 76:1).
The Rashba emphasizes that if one salts meat and does not roast it immediately, he should wash off the salt and the blood. Otherwise, the blood may become reabsorbed. The Rama rules that one should wash meat and salt it slightly before roasting it and should roast it directly after salting it.
43.
The Rambam's statements have attracted the attention of the commentaries, for they appear to contradict his approach in Halachah 9 and in the latter clause of this halachah. To explain: From Halachah 9, it would appear that it is forbidden to eat raw meat that is not salted only when there is internal bleeding while the animal is being slaughtered. For although the meat contains blood, that blood is forbidden only when it moves from one part of the meat to another while cooking. If one eats the meat raw, such a transfer will not take place.
Similarly, the latter clause of this halachah permits meat when it is cast into vinegar because the blood becomes sealed in its place. Implied is that the blood itself is permitted.
This clause, by contrast, states that one must salt the meat to remove the blood even when one eats the meat without cooking it. Implied is that the blood is forbidden even though it has not moved from place to place within the meat. The Kessef Mishnehresolves the contradiction, explaining that since the blood is fit to move from place to place, it is forbidden. Hence, the latter clause which speaks about blood that is sealed in its place does not represent a contradiction. Similarly, this interpretation allows Halachah 9 to be understood in a manner that does not produce a contradiction.
It must be emphasized that the Ra'avad and many other authorities object to the Rambam's ruling and maintain that as long as the blood has not actually moved from place to place, it is not forbidden. Therefore it is permitted to partake of raw meat without salting it. It must, however, be washed thoroughly to remove all blood on its surface. This view is cited by the Shulchan Aruch (Yoreh De'ah 67:2).
44.
As mentioned previously, in the Ashkenazic community (and also among many Sefardim), the custom of sealing blood by casting meat into vinegar is no longer practice. See Rama (Yoreh De'ah 67:6).
45.
For its power has been weakened (Rashi,Chulin 33a).
46.
The Ra'avad objects to the Rambam's ruling, maintaining that it is based on an improper interpretation of Chulin 93b. TheShulchan Aruch (Yoreh De'ah 67:4-5 appears to think that the interpretations are not mutually exclusive, for it accepts both of them.
47.
An indication that it has absorbed additional blood.
48.
For they also contain large quantities of blood. See Chulin 93a.
49.
Literally, the place where the animal was slaughtered.
50.
The Rama (Yoreh De'ah 68:1) states that, as an initial and preferred measure, it is customary to be stringent and not to roast the head while it is hole at all, even if the opening to the neck is positioned downward.
51.
If, however, a hole is made in the skull and its membranes so that the blood can drain off, the brain is permitted [Rashba, as quoted by the Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 68:1)].
52.
The brain must, however, be removed from the skull, before the skull is cooked (Maggid Mishneh in the name of the Ramban).
53.
That has not been salted and left to let the blood drain off.
54.
For if one waits until there is no trace of the blood, the fat that one wishes to collect will also have drained off.
55.
One should use only a small amount of salt. If one uses a large amount, the blood will become mixed with the fat (Maggid Mishneh).
56.
Because it is mixed with blood. Since the fat does not mix with the other liquids but instead floats above them, it remains a distinct entity and is permitted.
The Maggid Mishneh writes that there are opinions that we are not familiar with the details of this process. Hence one should not rely on this leniency. This approach is followed by the Tur and the Shulchan Aruch(Yoreh De'ah 76:6) which state that one should not place a utensil under the meat until the meat is roasted to the extent that it can be eaten.
57.
I.e., once the meat is roasted to the extent that it is fit to be eaten, we assume that all the forbidden blood has drained off.
58.
Generally, when pieces of meat are being salted together and the utensil has holes so that the blood can run off, the meat is permitted even if the blood from other meat flows over it. The rationale is that since it is expelling its own blood and/or other juices, it will not absorb blood. Fish, however, will expel its blood and juices far faster than meat or fowl and will complete that process before the meat completes expelling its blood. Hence, we fear that it will absorb the blood from the meat or fowl (Maggid Mishneh).
All that is forbidden is the external surface of the fish (kedai kelipah). Once that is cut off, the remainder of the fish is permitted [Shulchan Aruch (Yoreh De'ah 70:1)]. The Rama rules that all the fish are forbidden. This stringency applies when the fishes' scales have been removed. If they have not been removed, the fish are permitted.
59.
I.e., into the stuffings. Afterwards, the blood will become reabsorbed into the fowl itself and cause it to become forbidden.
60.
The Maggid Mishneh interprets the Rambam's ruling as being dependent on his ruling in Halachah 10 that after being salted, meat must be placed in hot water. In this instance, the fowl's stuffing prevents the boiling water from having the desired effect on the fowl.
Alternatively, the Rambam's ruling can be understood according to the statements of the Shulchan Aruch (Yoreh De'ah 77:1) who rules that initially one must salt both sides of the fowl. If the fowl was already stuffed, salting just the exterior is not sufficient, because it will not effect the blood on the inside. See also the Rama who rules that at the outset, fowl must be salted properly and any meat placed within it must be salted properly. Only in such a situation should one cook a fowl with stuffing.
61.
For the fire will cause all the blood to drain out.
62.
Even in such a position, the power of the fire will cause the blood to drain downward.
63.
Hence salting is not required.
64.
The Maggid Mishneh interprets this halachah as referring to fowl that were salted, but were not placed in water after the salting. According to the Shulchan Aruch(Yoreh De'ah 78:1), it applies to fowl that were not salted. The Shulchan Aruchcontinues, stating that according to the present custom, one should not coat meat that is being roasted unless it has been salted and washed first.
65.
I.e., it will not stick thoroughly to the sides of the fowl. Thus there will be space for the blood to drain through.
66.
In which instance, the flour is very thin and hence, clings tightly to the fowl.
67.
Even if they are not white like silver.
68.
The Rambam's ruling is based on the following points. There is a difference of opinion among our Sages (Chullin 8b) whether the portion of the animal's neck where it is slaughtered is considered as "hot" at the time of slaughter, in which instance, when the animal is slaughtered some of its blood would be absorbed into the knife. Or it is not hot, in which instance, there is no such absorption.
From the Rambam's ruling (here and in Chapter 17, Halachah 7), it appears that he maintains that the animal's neck is not "hot." Nevertheless, he requires certain safeguards in consideration of the other views.
This issue is a matter of concern only when the meat being cut itself is hot. For otherwise, the blood absorbed in the knife will not be transferred to it.
The Maggid Mishneh mentions that there is another opinion which maintains that even though the animal's neck is cold, the pressure of cutting causes the knife to absorb some blood. See the Shulchan Aruch(Yoreh De'ah 10:2) and commentaries.
69.
Since these foods are sharp, they produce an effect similar to actual heat and have the potential to affect forbidden foods absorbed in a knife. Therefore safeguards should be taken.
70.
Seemingly this refers to a bowl that does not have holes. Nevertheless, there are authorities who also forbid using a bowl that has holes. The Rama (Yoreh De'ah 69:17) states that at the outset, one should not use even a bowl that has holes, but after the fact, the food is permitted.
71.
The Shulchan Aruch (Yoreh De'ah 69:16) also quotes an opinion that forbids using the bowl for cold food at the outset if it has not been washed.
72.
One of the fundamental principles of the laws of kashrut is that an earthenware vessel can never be kashered. Once it absorbs forbidden matter, it will never be dislodged from it (see Chapter 17, Halachah 2). Hence once the bowl has absorbed the blood, there is no way that the earthenware utensil will be permitted again.
73.
And will be released when the hot food is placed in it, causing that food to become forbidden.
74.
Were the utensil to be made of lead alone, it could be kashered by boiling water in it (hagalah), as is the law with regard to metal utensils. In this instance, however, the metal is just a coating and the blood will penetrate to the earthenware base. Hence, it remains forbidden.
Ma'achalot Assurot - Chapter 7
Halacha 1
When a person willfully eats an olive-sized portion of forbidden fat,1he is liable for kerat. If he partakes of it inadvertently, he must bring a fixed sin-offering.
It is explicitly stated in the Torah that he is liable for partaking2 [of the fat] of the three species of kosher domesticated animals alone, as [Leviticus 7:23] states: "Do not partake of any fat from an ox, lamb, or goat."3 [This applies] whether one partakes of fat from an animal that is ritually slaughtered or one partakes of fat from a nevelah or a trefe [from a kosher species].4 With regard to other domesticated animals and wild beasts, whether non-kosher or kosher, their fat is comparable to their meat.5 Similarly, the fat of a stillborn fetus of the three species of kosher animals is comparable to its flesh. When one partakes of an olive-sized portion of it, one is liable for lashes for partaking of a nevelah.6
Halacha 2
When a person partakes of the fat of a nevelah or a trefe, he is liable for partaking of fat and for partaking of a nevelah or a trefe. [The rationale]7 is that since a prohibition is added to its meat - for it was permitted beforehand - it is also added to its fat.8 Hence one is liable for two sets of lashes.
Halacha 3
When a person slaughters an animal and finds a fetus in its womb, all of its fat is permitted.9 [This applies] even if the fetus is alive, because it is considered as a limb of [the mother]. If it was carried for the full period of gestation and discovered to be alive, its fat is forbidden and one is liable for kerat for partaking of it. [This applies] even if [the fetus] never stepped on the ground and does not require ritual slaughter.10 [Instead,] we must remove all the forbidden strands of tissue and membranes from it as [is required] with regard to other animals.
Halacha 4
When a person inserts his hand into an animal's womb and cuts off and takes out the fat of a fetus that has undergone a full period of gestation, he is liable11for it in the same way as if he cut off the fat of the animal itself. [The rationale is that the fulfillment of the gestation period] is what causes the prohibition against fat.12
Halacha 5
There are three types of forbidden fat for which one is liable for kerat: the fat on the digestive organs, on both kidneys, and on the flanks. The fat-tail, by contrast, is permitted to be eaten.13 It is called fat only with regard to the sacrifices, just as the kidneys and the large lobe of the liver are referred to as "fat" with regard to the sacrifices.14 Similarly, we find the expressions15 "the fat of the land," and "wheat as fat as kidneys" [where the intent is not "fat,"] but "choice."
Since these entities are being raised up from the sacrifice to be consumed with fire for God, they are called "the fat," i.e., the choice portion, for there is nothing more choice than the portion consumed with fire for God. For this reason, with regard to terumat ma'aser16 [Numbers 18:30] states: "When you raise up its fat from it."17
Halacha 6
The fat on the abdomen18 and on the gut is what is meant by the term "the fat on the digestive organs." One is liable for the fat at the joints of the thighs on the inside. This is what is meant by the term "the fat on the flanks." There is also fat on the maw which is bent like an arch; it is forbidden. There is a ligament that extends like a lobe; it is permitted. The strands [stemming from] the fat are forbidden, but one is not liable for kerat for them.
Halacha 7
Fat which is covered by meat is permitted. Scripture forbids "fat on the flanks," but not within the flanks. Similarly, "fat on the kidneys" is forbidden, but not fat within the kidneys. Nevertheless, a person should remove the white matter within the kidney and only then, partake of it. It is not necessary, however, to remove all traces of it.19
Halacha 8
There are two cords of fat in the primary loin area, near the top of the thigh. While an animal is alive, this fat can be seen on the intestines.20 When, however, it dies, one portion of meat will cling to another and cover this fat. It will not be visible until the portions of meat will be separated from each other. Nevertheless, it is forbidden, because this is not fat that is covered by meat.21
[In contrast,] wherever you find fat under meat, with the meat covering it and surrounding it in its entirety [so that] it will not be seen until the meat is cut away, it is permitted.
Halacha 9
The fat of the heart and the fat of all of the small intestines are permitted. They are considered like shuman which is permitted fat with the exception of the top of the intestine that is next to the maw and is the beginning of the small intestines. The fat must be scraped off it.22 This is the fat of the small intestines that is forbidden. There are some of the Geonim who say that the top of the intestine from which the fat must be scraped off is the large intestine,23i.e., the colon from which feces are excreted which is the last of the digestive organs.
Halacha 10
In the body of an animal, there are strands of tissue and membranes that are forbidden. Some are forbidden because of the prohibition against partaking of fat and others because of that against blood.24 Whenever a strand of tissue or a membrane is forbidden because of the prohibition [Leviticus 3:17]: "Do not partake of any blood," one must remove it, and only then salt the meat as we explained.25If one cut [the forbidden blood vessel], it does not have to be removed.26Similarly, if one roasts [the meat], it does not have to be removed.27
Whenever a strand of tissue or membrane is forbidden because of the prohibition, "Do not partake of any fat," it must be removed from the animal whether one's intent is to cut it or roast it.28
Halacha 11
There are five strands of tissue in the flanks:29 three on the right and two on the left. Each of the three on the right splits into two and each of the two on the left splits into three. All are [forbidden] as fat.
The strands of tissue from the spleen and from the kidneys are forbidden as fat. Similarly, the membrane on the spleen, the membrane above the flanks, and the membrane on the kidneys are forbidden as fat. One is liable for keratfor the membrane on the thick side30 of the spleen. The remainder of the membrane is forbidden, but one is not liable for it.
Halacha 12
The kidney has two membranes. One is liable for kerat for [partaking of] the upper one as one is for [partaking of] the fat of the kidney itself. The lower one is like other membranes.31 The strands of tissue in them are forbidden, but one is not liable for kerat for them.
Halacha 13
The strands of tissue of the heart, of the foreleg, of the end of the spinal cord,32 of the lower jaw, those at either side of the tongue, and those within the fat of the small intestines which are interwoven like spiderwebs,33 and the membrane above the brain in the cranium and the membrane on the testicles are all forbidden because [of the prohibition against partaking] of blood.34
Halacha 14
When a kid or a lamb35 is less than 30 days old, it is permissible to cook its testicles without peeling [the membranes from them].36After 30 days, if thin red lines can be seen within them, it is recognizable that blood has circulated through them and one should not cook [the testicles] until their outer membrane has been removed or until they have been cut open and salted, as we explained.37 If thin red lines have not yet been seen within them, they are permitted.
Halacha 15
We do not assume that there is blood in any of the digestive organs38 through which the food passes.
Halacha 16
It appears to me39 that all of these strands of tissue and membranes are forbidden according to Rabbinic Law. [Even] if one would say that they are forbidden according to Scriptural Law,40 and are included in the prohibitions against partaking against any fat or any blood, one is not liable for lashes for them, only stripes for rebellious conduct. [Partaking of] them is comparable to partaking of half the measure of a forbidden substance. This is forbidden by Scriptural Law, yet one is not liable for lashes for it.41
Halacha 17
Halacha 18
If it is local custom for the butcher to wash the meat in his store, he should prepare two containers of water, one in which to wash meat and one in which to wash fat.45
Halacha 19
It is forbidden for a butcher to spread the fat of the flanks over the meat46 to make it appear attractive. [The rationale is that] the membrane over the fat is thin. It may become crushed by the butcher's hand and the fat will ooze out and saturate through the meat.
[Although] it is forbidden to perform all of these acts, if they are performed, the meat is not forbidden.47 Nor is the person who performs them given corporal punishment. Instead, he is taught not to act in this manner.
Halacha 20
Halacha 21
When a butcher follows the practice of cleaning meat [from forbidden strands of tissue and membranes and] such a strand or membrane is found after he [alleged to have cleaned the meat], we teach him and warn him not to act negligently with regard to prohibitions.51 [More stringent rules apply] if forbidden fat is found after he [alleged to have cleaned the meat]. If it is a barley corn in size, he is removed [from his position]. If an olive-sized portion of forbidden fat is found - even in several places - after he [alleged to have cleaned the meat], he is given stripes for rebellious conduct52 and he is removed from his position. The rationale is that a butcher's word is relied upon with regard to fat.53
FOOTNOTES
1.
The term forbidden fat refers to the Hebrew term cheilev, to distinguish it from shumanwhich refers to fat that may be eaten. Unless otherwise mentioned, the term "fat" in this text will refer to forbidden fat.
2.
There is, however, no prohibition against benefiting from forbidden fat. See Chapter 8, Halachah 15.
3.
Sefer HaMitzvot (negative commandment 185) and Sefer HaChinuch (mitzvah 147) include this prohibition among the 613 mitzvot of the Torah.
4.
See the following halachah.
5.
I.e., there is no separate prohibition concerning it. If the animal is kosher, its fat is not considered cheilev and is permitted. If the animal is not-kosher, its fat is of course forbidden, but it is not bound by a separate prohibition. This reflects a contrast to the prohibition against partaking of blood mentioned in the previous chapter.
6.
There is not, however, a separate prohibition for partaking of its forbidden fat. From Chulin75a, it appears that this leniency applies only when the fetus is stillborn before its full period of gestation is completed. If, however, the full period of gestation is completed, the prohibition against cheilev does apply (Maggid Mishneh; Siftei Cohen 64:5). See also Halachot 3-4.
7.
I.e., why we do not follow the principle that one prohibition does not fall upon another.
8.
The fat was forbidden previously and a further prohibition is added when the meat becomes forbidden.
9.
Contrast this to the prohibition against gid hanasheh as stated in Chapter 8, Halachah 1.
10.
As stated in Chapter 5, Halachah 14. The Ra'avad mentions an opinion which states that one is not liable. The Shulchan Aruch(Yoreh De'ah 64:2) cites both views..
11.
From the Rambam's inclusion of the phrase "takes out," the Kessef Mishneh concludes that the prohibition applies only when the fat is taken out from the mother's womb while the animal is still alive. If the fat is left inside the womb and then the animal is slaughtered, he maintains that the fat is permitted. This conclusion is cited by theTurei Zahav 64:4 and the Siftei Cohen 64:6.
12.
The Maggid Mishneh clarifies that this stringency does not apply when the fetus dies in its mother's womb even if it has completed the nine months of gestation.
13.
The Shulchan Aruch (Yoreh De'ah 64:5) states that one must remove the fatty portion on the inner side.
14.
Chulin 117a interprets Leviticus 3:16: "All of the cheilev to God" as referring to the portions of the animal offered on the altar. These include the kidneys and the lobe of the liver although they are not "fat" (seeHilchot Maaseh HaKorbanot 1:18). Instead, the intent of term cheilev in the verse is "choice portions."
16.
The tenth of the tithe which the Levites who receive the tithe must separate and give the priests.
17.
Here also the intent of the term cheilev is "choice portions."
18.
An animal has four stomachs. We have chosen synonyms arbitrarily to describe them.
19.
The Shulchan Aruch (Yoreh De'ah 64:12) cites the Rambam's view, but also that of theTur which requires one to be stringent and remove all of its traces. The Rama states that, after the fact, even the stringent opinions do not consider the kidney forbidden if it was cooked without the traces of this fat being removed.
20.
For while an animal is alive, its meat hangs loosely (Chulin 93b).
21.
For in its lifetime, it is not covered by meat.
22.
In his Kessef Mishneh, Rav Yosef Caro mentions that some interpret Chulin 93b as stating that a cubit of the intestines are forbidden and he quotes this view as halachah in the Shulchan Aruch (Yoreh De'ah 64:15). The Ramah, however, states that the forbidden measure is not a full cubit, but close to it.
23.
From the Rambam's statements in Hilchot Shechitah 6:10, it is obvious that he favors the first opinion. The Ra'avad differs and maintains that the second view should be followed. The Shulchan Aruch (Yoreh De'ah64:15) states that one should follow the stringencies of both views.
24.
I.e., there is blood absorbed in the tissue or membrane.
25.
The commentaries have cited Chapter 6, Halachot 10-12, as the Rambam's intent, but this point is not explicitly stated there.
26.
For the blood will flow out of it.
27.
For the fire will cause the blood to drain off [see Shulchan Aruch (Yoreh De'ah 65:1)]. As the Maggid Mishneh mentions, there are some authorities who require that the blood vessels be cut open even when one roasts the meat.
28.
Otherwise, the fat will seep through the meat when it is being cooked or roasted.
29.
The Rama (Yoreh De'ah 64:13) explains that these strands of tissue extend from the lower portion of the backbone. As will be explained in the notes to Halachah 13, there are differences between his interpretation and that of the Rambam.
30.
Our translation follows the commentary of Rashi to Chullin 93a and the Shulchan Aruch(Yoreh De'ah 64:10).
31.
I.e., they are forbidden, but one is not liable for kerat for them.
32.
This follows the Rambam's interpretation ofChullin 93a. Rashi [and his view is cited by the Shulchan Aruch (Yoreh De'ah 64:13)] understands that passage as referred to the strands of fat mentioned in Halachah 11.
33.
The Maggid Mishneh and Shulchan Aruch(Yoreh De'ah 75:3) write that in the present age, leniency is granted with regard to these blood vessels. Nevertheless, it is customary to remove them.
34.
I.e., these are blood vessels in which blood will be lodged after the slaughter of the animal. Therefore they must be removed or cut open (see Halachah 10) before the animal is cooked or roasted.
35.
The Maggid Mishneh notes that the Rambam (and his source, Chullin 93b) do not mention a calf when stating this leniency. Implied is that even at a younger age, the testicles of a calf are considered as developed.
36.
Until the kid or lamb reaches that age, the blood vessels are not developed and there is not a large quantity of blood flowing through them.
37.
Chapter 6, Halachah 13.
38.
This refers to the organs themselves. Hence they need not be salted (Maggid Mishneh, see Chapter 6, Halachah 18). With regard to the fat on these organs, it is possible for there to be blood vessels within them as mentioned above.
The Maggid Mishneh writes that we do assume that the stomach contains blood. This view is not, however, followed by theShulchan Aruch (Yoreh De'ah 75:1). TheSiftei Cohen 75:1 and the Turei Zahav 75:1, however, state that we do assume that the stomach of a fowl contains blood.
39.
This expression indicates a conclusion at which the Rambam arrived through his own powers of deduction without any explicit prior Rabbinic source. It appears that the Rambam did not arrive at a conclusive decision that the prohibition was of Rabbinic origin, but that he did favor this understanding.
40.
The verses mention kol, "any," fat or blood. That term could be understood as an inclusion beyond the ordinary scope of the term and hence, involving these substances as well.
41.
See Chapter 4, Halachah 16, Hilchot Shivitat Esor 2:3, et al.
42.
For we fear that the meat will absorb some of the fat.
43.
If one cleans the knife or the container first, scrubbing it carefully, it is permitted (Maggid Mishneh in the name of the Rashba).
44.
For at the outset, the knife used to slaughter should not be used to cut meat (see Chapter 6, Halachah 20).
45.
The Chulin 8b asks: Why isn't one container sufficient? First he will wash the meat in it and then the fat? The text answers that perhaps he will forget and wash the fat first. In this instance, by contrast, since he has two clearly designated containers, he will not make such a mistake.
46.
The Maggid Mishneh mentions views that maintain that this restriction only applies directly after slaughter when the fat is still warm. Once it has cooled, it hardens. This ruling is quoted by the Shulchan Aruch(Yoreh De'ah 64:18).
47.
Although there are some more stringent views regarding certain particulars, the Rambam's view is cited by the Shulchan Aruch (Yoreh De'ah 64:19).
48.
This is a safeguard against the fat and blood being absorbed by the meat.
49.
See the following chapter.
50.
According to the Rambam, after the fact, we do not say that the fat and/or blood was absorbed in the meat (see also Chapter 15, Halachah 32, and notes). The Rashba differs and maintains that one must remove the surface of the meat with them, because that surface also becomes forbidden. TheShulchan Aruch (Yoreh De'ah 64:20) quotes both views. The Rama also cites a more stringent perspective, but concludes that one may rely on the Rashba's view.
51.
He is not removed from his position, because these prohibitions are Rabbinic in origin (Maggid Mishneh). This ruling is, however, somewhat difficult to understand according to the second view mentioned in Halachah 16.
52.
For he transgresses the prohibition: "Do not place a stumbling block before the blind," which is interpreted as a charge forbidding one to cause others to transgress. Nevertheless, lashes are not given for the violation of this prohibition.
53.
And his customers might cook the meat without checking for fat (or being knowledgeable about the details of the prohibition). Hence, he would cause them to transgress.
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Hayom Yom:
• English Text | Video Class• "Today's Day"
Monday, Adar I 13, 5776 · 22 February 2016
Thursday 13 Adar I 5703
Torah lessons: Chumash: Tetzaveh, Chamishi with Rashi.
Tehillim: 69-71.
Tanya: Especially so, (p. 127)...ever before me. (p. 127).
Tachanun is not said at Mincha.
My father said: I am certain that when a chassid is in the beit hamidrash1 teaching or reciting a maamar of Chassidus to others, my forebears are filled with joy; and their joy is adequate to provide that Chassid, and his children and children's children, with an abundance of blessing, materially and spiritually.
FOOTNOTES
1. Synagogue, lit. "study-hall."---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• "Today's Day"
Monday, Adar I 13, 5776 · 22 February 2016
Thursday 13 Adar I 5703
Torah lessons: Chumash: Tetzaveh, Chamishi with Rashi.
Tehillim: 69-71.
Tanya: Especially so, (p. 127)...ever before me. (p. 127).
Tachanun is not said at Mincha.
My father said: I am certain that when a chassid is in the beit hamidrash1 teaching or reciting a maamar of Chassidus to others, my forebears are filled with joy; and their joy is adequate to provide that Chassid, and his children and children's children, with an abundance of blessing, materially and spiritually.
FOOTNOTES
1. Synagogue, lit. "study-hall."---------------------• Daily Thought:
Wheat & Dates
To a teacher who felt discouraged, because she had not seen the fruits of her labor in many of her students:
Some grow like wheat of the field, bursting from under the ground and ripening in a single season. But their produce must be shelled and ground and refined and kneaded and baked before providing good to the world—and much must be cast aside.
Others grow like the date palm, which may weather seventy years before its first fruit arrives. But it is fruit that is immediately sweet and satisfying for the one that picks it, and every part of the palm and its fruit have value to provide.
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