Torah Reading
Tetzaveh: Exodus 27:
20 “You are to order the people of Isra’el to bring you pure oil of pounded olives for the light, and to keep a lamp burning continually. 21 Aharon and his sons are to put it in the tent of meeting, outside the curtain in front of the testimony, and keep it burning from evening until morning before Adonai. This is to be a permanent regulation through all the generations of the people of Isra’el.
28:1 “You are to summon your brother Aharon and his sons to come from among the people of Isra’el to you, so that they can serve me as cohanim — Aharon and his sons Nadav, Avihu, El‘azar and Itamar. 2 You are to make for your brother Aharon garments set apart for serving God, expressing dignity and splendor. 3 Speak to all the craftsmen to whom I have given the spirit of wisdom, and have them make Aharon’s garments to set him apart for me, so that he can serve me in the office of cohen.
4 “The garments they are to make are these: a breastplate, a ritual vest, a robe, a checkered tunic, a turban and a sash. They are to make holy garments for your brother Aharon and his sons, so that he can serve me in the office of cohen. 5 They are to use gold; blue, purple and scarlet yarn; and fine linen.
6 “They are to make the ritual vest of gold, of blue, purple and scarlet yarn, and of finely woven linen, crafted by a skilled artisan. 7 Attached to its front and back edges are to be two shoulder-pieces that can be fastened together. 8 Its decorated belt is to be of the same workmanship and materials — gold; blue, purple and scarlet yarn; and finely woven linen. 9 Take two onyx stones and engrave on them the names of the sons of Isra’el — 10 six of their names on one stone and the six remaining names on the other, in the order of their birth. 11 An engraver should engrave the names of the sons of Isra’el on the two stones as he would engrave a seal. Mount the stones in gold settings, 12 and put the two stones on the shoulder-pieces of the vest as stones calling to mind the sons of Isra’el. Aharon is to carry their names before Adonai on his two shoulders as a reminder.
(ii) 13 “Make gold squares 14 and two chains of pure gold, twisted like cords; attach the cord-like chains to the squares.
15 “Make a breastplate for judging. Have it crafted by a skilled artisan; make it like the work of the ritual vest — make it of gold; blue, purple and scarlet yarn; and finely woven linen. 16 When folded double it is to be square — a hand-span by a hand-span. 17 Put in it settings of stones, four rows of stones: the first row is to be a carnelian, a topaz and an emerald; 18 the second row a green feldspar, a sapphire and a diamond; 19 the third row an orange zircon, an agate and an amethyst; 20 and the fourth row a beryl, an onyx and a jasper. They are to be mounted in their gold settings. 21 The stones will correspond to the names of the twelve sons of Isra’el; they are to be engraved with their names as a seal would be engraved, to represent the twelve tribes.
22 “On the breastplate, make two pure gold chains twisted like cords. 23 Also for the breastplate, make two gold rings; and put the gold rings on the two ends of the breastplate. 24 Put the two twisted gold chains in the two rings at the two ends of the breastplate; 25 attach the other two ends of the twisted chains to the front of the shoulder-pieces of the ritual vest. 26 Make two gold rings and put them on the two ends of the breastplate, at its edge, on the side facing in toward the vest. 27 Also make two gold rings and attach them low on the front part of the vest’s shoulder-pieces, near the join, above the vest’s decorated belt. 28 Then bind the breastplate by its rings to the rings of the vest with a blue cord, so that it can be on the vest’s decorated belt, and so that the breastplate won’t swing loose from the vest. 29 Aharon will carry the names of the sons of Isra’el on the breastplate for judging, over his heart, when he enters the Holy Place, as a continual reminder before Adonai. 30 You are to put the urim and the tumim in the breastplate for judging; they will be over Aharon’s heart when he goes into the presence of Adonai. Thus Aharon will always have the means for making decisions for the people of Isra’el over his heart when he is in the presence of Adonai.
(iii) 31 “You are to make the robe for the ritual vest entirely of blue. 32 It is to have an opening for the head in the middle. Around the opening is to be a border woven like the neck of a coat of mail, so that it won’t tear. 33 On its bottom hem make pomegranates of blue, purple and scarlet; and put them all the way around, with gold bells between them all the way around — 34 gold bell, pomegranate, gold bell, pomegranate, all the way around the hem of the robe. 35 Aharon is to wear it when he ministers, and its sound will be heard whenever he enters the Holy Place before Adonai and when he leaves, so that he won’t die.
36 “You are to make an ornament of pure gold and engrave on it as on a seal, ‘Set apart for Adonai.’ 37 Fasten it to the turban with a blue cord, on the front of the turban, 38 over Aharon’s forehead. Because Aharon bears the guilt for any errors committed by the people of Isra’el in consecrating their holy gifts, this ornament is always to be on his forehead, so that the gifts for Adonai will be accepted by him.
39 “You are to weave the checkered tunic of fine linen, make a turban of fine linen, and make a belt, the work of a weaver in colors. 40 Likewise for Aharon’s sons make tunics, sashes and headgear expressing dignity and splendor. 41 With them clothe your brother Aharon and his sons. Then anoint them, inaugurate them, and consecrate them, so that they will be able to serve me in the office of cohen. 42 Also make for them linen shorts reaching from waist to thigh, to cover their bare flesh. 43 Aharon and his sons are to wear them when they go into the tent of meeting and when they approach the altar to minister in the Holy Place, so that they won’t incur guilt and die. This is to be a perpetual regulation, both for him and for his descendants.
29:1 (iv) “Here is what you are to do to consecrate them for ministry to me in the office of cohen. Take one young bull and two rams without defect, 2 also matzah, matzah cakes mixed with olive oil, and matzah wafers spread with oil — all made from fine wheat flour; 3 put them together in a basket, and present them in the basket, along with the bull and the two rams.
4 “Bring Aharon and his sons to the entrance of the tent of meeting, and wash them with water. 5 Take the garments, and put on Aharon the tunic, the robe for the ritual vest, the vest itself, and the breastplate. Fasten the vest on him with its belt. 6 Put the turban on his head and attach the holy ornament to the turban. 7 Then take the anointing oil, and anoint him by pouring it on his head. 8 Bring his sons; put tunics on them; 9 wrap sashes around them, Aharon and his sons; and put the headgear on their heads. The office of cohen is to be theirs by a permanent regulation. Thus you will consecrate Aharon and his sons.
10 “Bring the young bull to the front of the tent of meeting. Aharon and his sons are to lay their hands on the bull’s head, 11 and you are to slaughter the bull in the presence of Adonai at the entrance to the tent of meeting. 12 Take some of the bull’s blood, and put it on the horns of the altar with your finger; pour out all the rest of the blood at the base of the altar. 13 Take all the fat that covers the inner organs, the covering of the liver and the two kidneys with their fat, and offer them up in smoke on the altar. 14 But the bull’s flesh, skin and dung you are to destroy by fire outside the camp; it is a sin offering.
15 “Take one of the rams: Aharon and his sons are to lay their hands on the ram’s head; 16 and you are to slaughter the ram, take its blood, and splash it on all sides of the altar. 17 Quarter the ram, wash the inner organs and the lower parts of the legs, and put them with the quarters and the head. 18 Then offer up the whole ram in smoke on the altar. It is a burnt offering for Adonai, a pleasing aroma, an offering made to Adonai by fire.
(v) 19 “Take the other ram: Aharon and his sons are to lay their hands on the ram’s head; 20 and you are to slaughter the ram, take some of its blood, and put it on the lobe of Aharon’s right ear, on the lobes of his sons’ right ears, on the thumbs of their right hands and on the big toes of their right feet. Take the rest of the blood and splash it on all sides of the altar. 21 Then take some of the blood that is on the altar and some of the anointing oil, and sprinkle it on Aharon and his clothing and on his sons and the clothing of his sons with him; so that he and his clothing will be consecrated, and with him his sons and his sons’ clothing. 22 Also take the fat from the ram, the fat tail, the fat that covers the inner organs, the two kidneys, the fat covering them and the right thigh — for it is a ram of consecration — 23 along with one loaf of bread, one cake of oiled bread and one wafer from the basket of matzah which is before Adonai — 24 and put it all in the hands of Aharon and his sons. They are to wave them as a wave offering in the presence of Adonai. 25 Then take them back; and burn them up in smoke on the altar, on top of the burnt offering, to be a pleasing aroma before Adonai; it is an offering made to Adonai by fire.
26 “Take the breast of the ram for Aharon’s consecration, and wave it as a wave offering before Adonai; it will be your share. 27 Consecrate the breast of the wave offering and the thigh of any contribution that has been waved and raised up, whether from the ram of consecration, or from anything else meant for Aharon or his sons; 28 this will belong to Aharon and his sons as their share perpetually due from the people of Isra’el — it will be a contribution from the people of Isra’el from their peace offerings, their contribution to Adonai.
29 “The holy garments of Aharon will be used by his sons after him; they will be anointed and consecrated in them. 30 The son who becomes cohen in his place, who comes into the tent of meeting to serve in the Holy Place, is to wear them for seven days. 31 Take the ram of consecration, and boil its meat in a holy place. 32 Aharon and his sons will eat the ram’s meat and the bread in the basket at the entrance to the tent of meeting. 33 They are to eat the things with which atonement was made for them, to inaugurate and consecrate them; no one else may eat this food, because it is holy. 34 If any of the meat for the consecration or any of the bread remains until morning, burn up what remains; it is not to be eaten, because it is holy. 35 Carry out all these orders I have given you concerning Aharon and his sons. You are to spend seven days consecrating them.
36 “Each day, offer a young bull as a sin offering, besides the other offerings of atonement; offer the sin offering on the altar as your atonement for it; then anoint it to consecrate it. 37 Seven days you will make atonement on the altar and consecrate it; thus the altar will be especially holy, and whatever touches the altar will become holy.
(vi) 38 “Now this is what you are to offer on the altar: two lambs a year old, regularly, every day. 39 The one lamb you are to offer in the morning and the other lamb at dusk. 40 With the one lamb offer two quarts of finely ground flour mixed with one quart of oil from pressed olives; along with one quart of wine as a drink offering. 41 The other lamb you are to offer at dusk; do with it as with the morning grain and drink offerings — it will be a pleasing aroma, an offering made to Adonai by fire. 42 Through all your generations this is to be the regular burnt offering at the entrance to the tent of meeting before Adonai. There is where I will meet with you to speak with you. 43 There I will meet with the people of Isra’el; and the place will be consecrated by my glory. 44 I will consecrate the tent of meeting and the altar, likewise I will consecrate Aharon and his sons to serve me in the office of cohen. 45 Then I will live with the people of Isra’el and be their God: 46 they will know that I am Adonai their God, who brought them out of the land of Egypt in order to live with them. I am Adonai their God.
30:1 (vii) “You are to make an altar on which to burn incense; make it of acacia-wood. 2 It is to be eighteen inches square and three feet high; its horns are to be of one piece with it. 3 Overlay it with pure gold — its top, all around its sides, and its horns; and put around it a molding of gold. 4 Make two gold rings for it under its molding at the two corners on both sides; this is where the carrying-poles will go. 5 Make the poles of acacia-wood, and overlay them with gold.
6 “Place it in front of the curtain by the ark for the testimony, in front of the ark-cover that is over the testimony, where I will meet with you. 7 Aharon will burn fragrant incense on it as a pleasing aroma every morning; he is to burn it when he prepares the lamps. (Maftir) 8 Aharon is also to burn it when he lights the lamps at dusk; this is the regular burning of incense before Adonai through all your generations. 9 You are not to offer unauthorized incense on it, or a burnt offering or a grain offering; and you are not to pour a drink offering on it. 10 Aharon is to make atonement on its horns once a year — with the blood of the sin offering of atonement he is to make atonement for it once a year through all your generations; it is especially holy to Adonai.”
Ezekiel 43:10 “You, human being, describe this house to the house of Isra’el, so that they will be ashamed of their crimes. And let them measure accurately. 11 If they become ashamed of all they have done, show them the elevation and plan of the house, its exits and entrances, all its details and decorations, and all its specifications, its design and its Torah. Sketch it for them to see, so that they can observe the entire design with its specifications, and carry them out. 12 This is Torah for the house: the whole surrounding area on the mountaintop will be especially holy. This is Torah for the house.”
13 These are the measurements of the altar in cubits (a cubit here is defined as a normal cubit [eighteen inches] plus a handbreadth [three inches]): the base, one cubit [twenty-one inches] deep and one cubit wide; with the molding surrounding it at its rim about a hand-span [nine inches] in width. The height of the altar is thus: 14 from the base on the ground to the lower ledge, three-and-a-half feet, with the width twenty-one inches; from the lower ledge to the upper ledge, seven feet, with the width again twenty-one inches. 15 The hearth measures seven feet [high], with four horns on top of the hearth. 16 The hearth is a square twenty-one feet on each of its four sides. 17 The ledge measures a square twenty-four-and-a-half feet on each of its four sides; the molding around it ten-and-a-half inches [across]; and its base twenty-one inches [larger than the rest, all the way] around. Its steps face east.
18 He said to me, “Human being, Adonai Elohim says, ‘These are the regulations for the altar when the time comes to construct it, offer burnt offerings on it and splash the blood against it: 19 you are to give to the cohanim, who are L’vi’im descended from Tzadok and who approach to serve me,’ says Adonai Elohim, ‘a young bull as a sin offering. 20 You are to take its blood and put it on the four horns of the altar, on the four corners of the ledge and on the molding all the way around; this is how you will purify it and make atonement for it. 21 You are also to take the bull which is the sin offering and have it burned up at the designated place [on the grounds] of the house, outside the sanctuary. 22 On the second day you are to offer a male goat without defect as a sin offering, and they are to purify the altar as they purified it with the bull. 23 When you have finished purifying it, you are to offer a young bull without defect and a ram from the flock without defect. 24 You are to present them before Adonai, and the cohanim will throw salt on them and offer them as a burnt offering to Adonai. 25 Every day, for seven days, you are to prepare a goat as a sin offering; they are also to prepare a young bull and a ram from the flock without defect. 26 For seven days, they are to make atonement for the altar and cleanse it; in this way they are to consecrate it. 27 When these days are over, then, on the eighth day and afterwards, the cohanim will present your burnt offerings on the altar and your peace offerings; and I will accept you,’ says Adonai Elohim.”
Daily Study:
Chitas and Rambam for today:Chumash: Tetzaveh, 7th Portion Exodus 30:1-30:10 with Rashi
• English / Hebrew Linear Translation | Video Class
• Exodus Chapter 30
1You shall make an altar for bringing incense up in smoke; you shall make it out of acacia wood. אוְעָשִׂ֥יתָ מִזְבֵּ֖חַ מִקְטַ֣ר קְטֹ֑רֶת עֲצֵ֥י שִׁטִּ֖ים תַּֽעֲשֶׂ֥ה אֹתֽוֹ:
for bringing incense up in smoke: Heb. מִקְטַר קְטֹרֶת, to raise smoke up on it, namely the smoke of incense. מקטר קטרת: להעלות עליו קטור עשן סמים:
2It shall be one cubit long and one cubit wide, a square, and two cubits high; its horns shall be [one piece] with it. באַמָּ֨ה אָרְכּ֜וֹ וְאַמָּ֤ה רָחְבּוֹ֙ רָב֣וּעַ יִֽהְיֶ֔ה וְאַמָּתַ֖יִם קֹֽמָת֑וֹ מִמֶּ֖נּוּ קַרְנֹתָֽיו:
3You shall overlay it with pure gold, its top, its walls all around, and its horns; and you shall make for it a golden crown all around. גוְצִפִּיתָ֨ אֹת֜וֹ זָהָ֣ב טָה֗וֹר אֶת־גַּגּ֧וֹ וְאֶת־קִֽירֹתָ֛יו סָבִ֖יב וְאֶת־קַרְנֹתָ֑יו וְעָשִׂ֥יתָ לּ֛וֹ זֵ֥ר זָהָ֖ב סָבִֽיב:
its top: This one [altar] had a top. The altar for burnt offerings [i.e., the copper altar], however, did not have a top, but the hollow space within it was filled with earth whenever they camped. את גגו: זה היה לו גג, אבל מזבח העולה לא היה לו גג, אלא ממלאים חללו אדמה בכל חנייתן:
a golden crown: This symbolized the crown of the kehunah. זר זהב: סימן הוא לכתר כהונה:
4You shall make two golden rings for it underneath its crown on its two corners, you shall make [them] on its two sides, so that it should serve as holders for poles with which to carry it. דוּשְׁתֵּי֩ טַבְּעֹ֨ת זָהָ֜ב תַּֽעֲשֶׂה־לּ֣וֹ | מִתַּ֣חַת לְזֵר֗וֹ עַ֚ל שְׁתֵּ֣י צַלְעֹתָ֔יו תַּֽעֲשֶׂ֖ה עַל־שְׁנֵ֣י צִדָּ֑יו וְהָיָה֙ לְבָתִּ֣ים לְבַדִּ֔ים לָשֵׂ֥את אֹת֖וֹ בָּהֵֽמָּה:
its… corners: Heb. צַלְעֹתָיו. Here it is a term meaning corners, as the Targum [Onkelos] renders, [unlike in Exod. 25:12, 26:20, 26, 27, where צֶלַע means a side,] because it says [further in the verse]: “on its two sides,” [meaning] on its two corners that are on its two sides. צלעותיו: כאן הוא לשון זויות, כתרגומו, לפי שנאמר על שני צדיו, על שתי זויותיו שבשני צדיו:
it should serve: Heb. וְהָיָה, lit., and it shall be [in the singular, referring to] the making of these rings. והיה: מעשה הטבעות האלה:
as holders for the poles: The ring [itself] shall be a holder for a pole. לבתים לבדים: לכל בית תהיה הטבעת לבד:
5You shall make the poles out of acacia wood and overlay them with gold. הוְעָשִׂ֥יתָ אֶת־הַבַּדִּ֖ים עֲצֵ֣י שִׁטִּ֑ים וְצִפִּיתָ֥ אֹתָ֖ם זָהָֽב:
6And you shall place it in front of the dividing curtain, which is upon the Ark of Testimony, in front of the ark cover, which is upon the testimony, where I will arrange to meet with you. ווְנָֽתַתָּ֤ה אֹתוֹ֙ לִפְנֵ֣י הַפָּרֹ֔כֶת אֲשֶׁ֖ר עַל־אֲרֹ֣ן הָֽעֵדֻ֑ת לִפְנֵ֣י הַכַּפֹּ֗רֶת אֲשֶׁר֙ עַל־הָ֣עֵדֻ֔ת אֲשֶׁ֛ר אִוָּעֵ֥ד לְךָ֖ שָֽׁמָּה:
in front of the dividing curtain: Perhaps you will say [that the altar should be] removed or at a distance opposite the ark, either to the north or to the south. Therefore, the Torah says: “in front of the ark cover,” meaning directly opposite the ark on the outside [of the Holy of Holies]. -[from Baraitha Melecheth HaMishkan, ch. 4,] לפני הפרכת: שמא תאמר משוך מכנגד הארון לצפון או לדרום, תלמוד לומר לפני הכפרת, מכוון כנגד הארון מבחוץ:
7Aaron shall make incense of spices go up in smoke upon it; every morning when he sets the lamps in order, he shall make it go up in smoke. זוְהִקְטִ֥יר עָלָ֛יו אַֽהֲרֹ֖ן קְטֹ֣רֶת סַמִּ֑ים בַּבֹּ֣קֶר בַּבֹּ֗קֶר בְּהֵֽיטִיב֛וֹ אֶת־הַנֵּרֹ֖ת יַקְטִירֶֽנָּה:
when he sets… in order: Heb. בְּהֵיטִיבוֹ, a word referring to the cleaning of the cups of the menorah from the ashes of the wicks that burned at night. He would clean them every morning. בהיטיבו: לשון נקוי הבזיכין של המנורה מדשן הפתילות שנשרפו בלילה, והיה מטיבן בכל בקר ובקר:
the lamps: Heb. הַנֵּרֹת. luzes, lozes, luses, luces in Old French, [i.e.,] lamps. This is true of all נֵרוֹת mentioned in the context of the menorah, except where הַעִלָאָה, which is an expression of kindling, is mentioned. הנרות: לוצי"ש בלעז [מנורות] וכן כל נרות האמורות במנורה, חוץ ממקום שנאמר שם העלאה, שהוא לשון הדלקה:
8And when Aaron kindles the lights in the afternoon, he shall make it go up in smoke, continual incense before the Lord for your generations. חוּבְהַֽעֲלֹ֨ת אַֽהֲרֹ֧ן אֶת־הַנֵּרֹ֛ת בֵּ֥ין הָֽעַרְבַּ֖יִם יַקְטִירֶ֑נָּה קְטֹ֧רֶת תָּמִ֛יד לִפְנֵ֥י יְהֹוָ֖ה לְדֹרֹֽתֵיכֶֽם:
And when… kindles: Heb. וּבְהַעִלֹת, lit., and when… causes to ascend. When he will kindle them to cause their flame to ascend. ובהעלות: כשידליקם להעלות להבתן:
he shall make it go up in smoke: Every day, one pras in the morning and [one] pras in the afternoon. -[from Ker. 6b] יקטירנה: בכל יום פרס מקטיר שחרית ופרס מקטיר בין הערבים:
9You shall offer up on it no alien incense, burnt offering, or meal offering, and you shall pour no libation upon it. טלֹא־תַֽעֲל֥וּ עָלָ֛יו קְטֹ֥רֶת זָרָ֖ה וְעֹלָ֣ה וּמִנְחָ֑ה וְנֵ֕סֶךְ לֹ֥א תִסְּכ֖וּ עָלָֽיו:
You shall offer up on it: On this [golden] altar. לא תעלו עליו: על מזבח זה:
alien incense: Any donated incense; they are all alien except for this one. -[from Men. 50a, b] קטרת זרה: שום קטורת של נדבה. כולן זרות לו חוץ מזו:
burnt offering, or meal offering: Neither burnt offerings nor meal offerings. A burnt offering is one of an animal or fowl. A meal offering is one of bread. ועולה ומנחה: ולא עולה ומנחה, עולה של בהמה ועוף, ומנחה היא של מין לחם:
10But Aaron shall make atonement upon its horns once a year; with the blood of the sin offering of the atonements, once a year he shall effect atonement upon it for your generations; it is a holy of holies to the Lord. יוְכִפֶּ֤ר אַֽהֲרֹן֙ עַל־קַרְנֹתָ֔יו אַחַ֖ת בַּשָּׁנָ֑ה מִדַּ֞ם חַטַּ֣את הַכִּפֻּרִ֗ים אַחַ֤ת בַּשָּׁנָה֙ יְכַפֵּ֤ר עָלָיו֙ לְדֹרֹ֣תֵיכֶ֔ם קֹֽדֶשׁ־קָֽדָשִׁ֥ים ה֖וּא לַֽיהֹוָֽה:
But Aaron shall make atonement: [This refers to] applications of blood [on the horns of the altar]. וכפר אהרן: מתן דמים:
once a year: On Yom Kippur. This is what is stated in [parshath] “Acharei Moth” : “And he shall go out to the altar that is before the Lord and make atonement upon it” (Lev. 16:18). אחת בשנה: ביום הכפורים, הוא שנאמר באחרי מות (ויקרא טז יח) ויצא אל המזבח אשר לפני ה' וכפר עליו:
the sin offering of the atonements: They are the bull and the kid of Yom Kippur, which atone for ritual contamination regarding the sanctuary and its holy things. -[from Shevuoth 2b] חטאת הכפורים: הם פר ושעיר של יום הכפורים המכפרים על טומאת מקדש וקדשיו:
a holy of holies: Heb. קֹדֶשׁ-קָדָשִׁים. The altar is sanctified for these things only, and for no other service. קדש קדשים: המזבח מקודש לדברים הללו בלבד ולא לעבודת אחרת:
1You shall make an altar for bringing incense up in smoke; you shall make it out of acacia wood. אוְעָשִׂ֥יתָ מִזְבֵּ֖חַ מִקְטַ֣ר קְטֹ֑רֶת עֲצֵ֥י שִׁטִּ֖ים תַּֽעֲשֶׂ֥ה אֹתֽוֹ:
for bringing incense up in smoke: Heb. מִקְטַר קְטֹרֶת, to raise smoke up on it, namely the smoke of incense. מקטר קטרת: להעלות עליו קטור עשן סמים:
2It shall be one cubit long and one cubit wide, a square, and two cubits high; its horns shall be [one piece] with it. באַמָּ֨ה אָרְכּ֜וֹ וְאַמָּ֤ה רָחְבּוֹ֙ רָב֣וּעַ יִֽהְיֶ֔ה וְאַמָּתַ֖יִם קֹֽמָת֑וֹ מִמֶּ֖נּוּ קַרְנֹתָֽיו:
3You shall overlay it with pure gold, its top, its walls all around, and its horns; and you shall make for it a golden crown all around. גוְצִפִּיתָ֨ אֹת֜וֹ זָהָ֣ב טָה֗וֹר אֶת־גַּגּ֧וֹ וְאֶת־קִֽירֹתָ֛יו סָבִ֖יב וְאֶת־קַרְנֹתָ֑יו וְעָשִׂ֥יתָ לּ֛וֹ זֵ֥ר זָהָ֖ב סָבִֽיב:
its top: This one [altar] had a top. The altar for burnt offerings [i.e., the copper altar], however, did not have a top, but the hollow space within it was filled with earth whenever they camped. את גגו: זה היה לו גג, אבל מזבח העולה לא היה לו גג, אלא ממלאים חללו אדמה בכל חנייתן:
a golden crown: This symbolized the crown of the kehunah. זר זהב: סימן הוא לכתר כהונה:
4You shall make two golden rings for it underneath its crown on its two corners, you shall make [them] on its two sides, so that it should serve as holders for poles with which to carry it. דוּשְׁתֵּי֩ טַבְּעֹ֨ת זָהָ֜ב תַּֽעֲשֶׂה־לּ֣וֹ | מִתַּ֣חַת לְזֵר֗וֹ עַ֚ל שְׁתֵּ֣י צַלְעֹתָ֔יו תַּֽעֲשֶׂ֖ה עַל־שְׁנֵ֣י צִדָּ֑יו וְהָיָה֙ לְבָתִּ֣ים לְבַדִּ֔ים לָשֵׂ֥את אֹת֖וֹ בָּהֵֽמָּה:
its… corners: Heb. צַלְעֹתָיו. Here it is a term meaning corners, as the Targum [Onkelos] renders, [unlike in Exod. 25:12, 26:20, 26, 27, where צֶלַע means a side,] because it says [further in the verse]: “on its two sides,” [meaning] on its two corners that are on its two sides. צלעותיו: כאן הוא לשון זויות, כתרגומו, לפי שנאמר על שני צדיו, על שתי זויותיו שבשני צדיו:
it should serve: Heb. וְהָיָה, lit., and it shall be [in the singular, referring to] the making of these rings. והיה: מעשה הטבעות האלה:
as holders for the poles: The ring [itself] shall be a holder for a pole. לבתים לבדים: לכל בית תהיה הטבעת לבד:
5You shall make the poles out of acacia wood and overlay them with gold. הוְעָשִׂ֥יתָ אֶת־הַבַּדִּ֖ים עֲצֵ֣י שִׁטִּ֑ים וְצִפִּיתָ֥ אֹתָ֖ם זָהָֽב:
6And you shall place it in front of the dividing curtain, which is upon the Ark of Testimony, in front of the ark cover, which is upon the testimony, where I will arrange to meet with you. ווְנָֽתַתָּ֤ה אֹתוֹ֙ לִפְנֵ֣י הַפָּרֹ֔כֶת אֲשֶׁ֖ר עַל־אֲרֹ֣ן הָֽעֵדֻ֑ת לִפְנֵ֣י הַכַּפֹּ֗רֶת אֲשֶׁר֙ עַל־הָ֣עֵדֻ֔ת אֲשֶׁ֛ר אִוָּעֵ֥ד לְךָ֖ שָֽׁמָּה:
in front of the dividing curtain: Perhaps you will say [that the altar should be] removed or at a distance opposite the ark, either to the north or to the south. Therefore, the Torah says: “in front of the ark cover,” meaning directly opposite the ark on the outside [of the Holy of Holies]. -[from Baraitha Melecheth HaMishkan, ch. 4,] לפני הפרכת: שמא תאמר משוך מכנגד הארון לצפון או לדרום, תלמוד לומר לפני הכפרת, מכוון כנגד הארון מבחוץ:
7Aaron shall make incense of spices go up in smoke upon it; every morning when he sets the lamps in order, he shall make it go up in smoke. זוְהִקְטִ֥יר עָלָ֛יו אַֽהֲרֹ֖ן קְטֹ֣רֶת סַמִּ֑ים בַּבֹּ֣קֶר בַּבֹּ֗קֶר בְּהֵֽיטִיב֛וֹ אֶת־הַנֵּרֹ֖ת יַקְטִירֶֽנָּה:
when he sets… in order: Heb. בְּהֵיטִיבוֹ, a word referring to the cleaning of the cups of the menorah from the ashes of the wicks that burned at night. He would clean them every morning. בהיטיבו: לשון נקוי הבזיכין של המנורה מדשן הפתילות שנשרפו בלילה, והיה מטיבן בכל בקר ובקר:
the lamps: Heb. הַנֵּרֹת. luzes, lozes, luses, luces in Old French, [i.e.,] lamps. This is true of all נֵרוֹת mentioned in the context of the menorah, except where הַעִלָאָה, which is an expression of kindling, is mentioned. הנרות: לוצי"ש בלעז [מנורות] וכן כל נרות האמורות במנורה, חוץ ממקום שנאמר שם העלאה, שהוא לשון הדלקה:
8And when Aaron kindles the lights in the afternoon, he shall make it go up in smoke, continual incense before the Lord for your generations. חוּבְהַֽעֲלֹ֨ת אַֽהֲרֹ֧ן אֶת־הַנֵּרֹ֛ת בֵּ֥ין הָֽעַרְבַּ֖יִם יַקְטִירֶ֑נָּה קְטֹ֧רֶת תָּמִ֛יד לִפְנֵ֥י יְהֹוָ֖ה לְדֹרֹֽתֵיכֶֽם:
And when… kindles: Heb. וּבְהַעִלֹת, lit., and when… causes to ascend. When he will kindle them to cause their flame to ascend. ובהעלות: כשידליקם להעלות להבתן:
he shall make it go up in smoke: Every day, one pras in the morning and [one] pras in the afternoon. -[from Ker. 6b] יקטירנה: בכל יום פרס מקטיר שחרית ופרס מקטיר בין הערבים:
9You shall offer up on it no alien incense, burnt offering, or meal offering, and you shall pour no libation upon it. טלֹא־תַֽעֲל֥וּ עָלָ֛יו קְטֹ֥רֶת זָרָ֖ה וְעֹלָ֣ה וּמִנְחָ֑ה וְנֵ֕סֶךְ לֹ֥א תִסְּכ֖וּ עָלָֽיו:
You shall offer up on it: On this [golden] altar. לא תעלו עליו: על מזבח זה:
alien incense: Any donated incense; they are all alien except for this one. -[from Men. 50a, b] קטרת זרה: שום קטורת של נדבה. כולן זרות לו חוץ מזו:
burnt offering, or meal offering: Neither burnt offerings nor meal offerings. A burnt offering is one of an animal or fowl. A meal offering is one of bread. ועולה ומנחה: ולא עולה ומנחה, עולה של בהמה ועוף, ומנחה היא של מין לחם:
10But Aaron shall make atonement upon its horns once a year; with the blood of the sin offering of the atonements, once a year he shall effect atonement upon it for your generations; it is a holy of holies to the Lord. יוְכִפֶּ֤ר אַֽהֲרֹן֙ עַל־קַרְנֹתָ֔יו אַחַ֖ת בַּשָּׁנָ֑ה מִדַּ֞ם חַטַּ֣את הַכִּפֻּרִ֗ים אַחַ֤ת בַּשָּׁנָה֙ יְכַפֵּ֤ר עָלָיו֙ לְדֹרֹ֣תֵיכֶ֔ם קֹֽדֶשׁ־קָֽדָשִׁ֥ים ה֖וּא לַֽיהֹוָֽה:
But Aaron shall make atonement: [This refers to] applications of blood [on the horns of the altar]. וכפר אהרן: מתן דמים:
once a year: On Yom Kippur. This is what is stated in [parshath] “Acharei Moth” : “And he shall go out to the altar that is before the Lord and make atonement upon it” (Lev. 16:18). אחת בשנה: ביום הכפורים, הוא שנאמר באחרי מות (ויקרא טז יח) ויצא אל המזבח אשר לפני ה' וכפר עליו:
the sin offering of the atonements: They are the bull and the kid of Yom Kippur, which atone for ritual contamination regarding the sanctuary and its holy things. -[from Shevuoth 2b] חטאת הכפורים: הם פר ושעיר של יום הכפורים המכפרים על טומאת מקדש וקדשיו:
a holy of holies: Heb. קֹדֶשׁ-קָדָשִׁים. The altar is sanctified for these things only, and for no other service. קדש קדשים: המזבח מקודש לדברים הללו בלבד ולא לעבודת אחרת:
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Daily Tehillim: Chapters 60 - 65
• Hebrew text
• English text• Chapter 60
• Hebrew text
• English text• Chapter 60
This psalm tells of when Joab, David's general, came to Aram Naharayim for war and was asked by the people: "Are you not from the children of Jacob? What of the pact he made with Laban?" Not knowing what to answer, Joab asked the Sanhedrin. The psalm includes David's prayer for success in this war.
1. For the Conductor, on the shushan eidut. A michtam by David, to instruct,
2. when he battled with Aram Naharayim and Aram Tzovah, and Joab returned and smote Edom in the Valley of Salt, twelve thousand [men].
3. O God, You forsook us, You have breached us! You grew furious-restore us!
4. You made the earth quake, You split it apart-heal its fragments, for it totters!
5. You showed Your nation harshness, You gave us benumbing wine to drink.
6. [Now] give those who fear You a banner to raise themselves, for the sake of truth, Selah.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God said with His Holy [Spirit] that I would exult; I would divide Shechem, and measure out the Valley of Succot.
9. Mine is Gilead, mine is Menasseh, and Ephraim is the stronghold of my head; Judah is my prince.
10. Moab is my washbasin, and upon Edom I will cast my shoe; for me, Philistia will sound a blast [of coronation].
11. Who will bring me into the fortified city? Who will lead me unto Edom?
12. Is it not You, God, Who has [until now] forsaken us, and did not go forth with our legions?
13. Grant us relief from the oppressor; futile is the salvation of man.
14. With God we will do valiantly, and He will trample our oppressors.
Chapter 61
David composed this prayer while fleeing from Saul. The object of all his thoughts and his entreaty is that God grant him long life-not for the sake of pursuing the pleasures of the world, but rather to serve God in awe, all of his days.
1. For the Conductor, on the neginat, by David.
2. Hear my cry, O God, listen to my prayer.
3. From the end of the earth I call to You, when my heart is faint [with trouble]: Lead me upon the rock that surpasses me!
4. For You have been a refuge for me, a tower of strength in the face of the enemy.
5. I will dwell in Your tent forever; I will take refuge in the shelter of Your wings, Selah.
6. For You, God, heard my vows; You granted the inheritance of those who fear Your Name.
7. Add days to the days of the king; may his years equal those of every generation.
8. May he sit always before God; appoint kindness and truth to preserve him.
9. Thus will I sing the praise of Your Name forever, as I fulfill my vows each day.
Chapter 62
David prays for the downfall of his enemies. He also exhorts his generation that their faith should not rest in riches, telling them that the accumulation of wealth is utter futility.
1. For the Conductor, on the yedutun,1 a psalm by David.
2. To God alone does my soul hope; my salvation is from Him.
3. He alone is my rock and salvation, my stronghold; I shall not falter greatly.
4. Until when will you plot disaster for man? May you all be killed-like a leaning wall, a toppled fence.
5. Out of their arrogance alone they scheme to topple me, they favor falsehood; with their mouths they bless, and in their hearts they curse, Selah.
6. To God alone does my soul hope, for my hope is from Him.
7. He alone is my rock and salvation, my stronghold; I shall not falter.
8. My salvation and honor is upon God; the rock of my strength-my refuge is in God.
9. Trust in Him at all times, O nation, pour out your hearts before Him; God is a refuge for us forever.
10. Men are but vanity; people [but] transients. Were they to be raised upon the scale, they would be lighter than vanity.
11. Put not your trust in exploitation, nor place futile hope in robbery. If [corrupt] wealth flourishes, pay it no heed.
12. God spoke one thing, from which I perceived two: That strength belongs to God;
13. and that Yours, my Lord, is kindness. For You repay each man according to his deeds.
FOOTNOTES
1.A musical instrument (Metzudot).
Chapter 63
Hiding from Saul, and yearning to approach the place of the Holy Ark like one thirsting for water, David composed this prayer on his behalf and against his enemy.
1. A psalm by David, when he was in the Judean desert.
2. O God, You are my Almighty, I seek You! My soul thirsts for You, my flesh longs for You; [like one] in a desolate and dry land, without water,
3. so [I thirst] to see You in the Sanctuary, to behold Your might and glory.
4. For Your kindness is better than life; my lips shall praise You.
5. Thus will I bless you all my life, in Your Name I will raise my hands [in prayer].
6. As with fat and abundance my soul is sated, when my mouth offers praise with expressions of joy.
7. Indeed, I remember You upon my bed; during the watches of the night I meditate upon You.
8. For You were a help for me; I sing in the shadow of Your wings.
9. My soul cleaved to You; Your right hand supported me.
10. But they seek desolation for my soul; they will enter the depths of the earth.
11. They will drag them by the sword; they will be the portion of foxes.
12. And the king will rejoice in God, and all who swear by Him will take pride, when the mouths of liars are blocked up.
Chapter 64
The masters of homiletics interpret this psalm as alluding to Daniel, who was thrown into the lion's den. With divine inspiration, David foresaw the event and prayed for him. Daniel was a descendant of David, as can be inferred from God's statement to Hezekiah (himself of Davidic lineage), "And from your children, who will issue forth from you, they will take, and they (referring to, amongst others, Daniel) will be ministers in the palace of the king of Babylon."
1. For the Conductor, a psalm by David.
2. Hear my voice, O God, as I recount [my woes]; preserve my life from the terror of the enemy.
3. Shelter me from the schemes of the wicked, from the conspiracy of evildoers,
4. who have sharpened their tongue like the sword, aimed their arrow-a bitter word-
5. to shoot at the innocent from hidden places; suddenly they shoot at him, they are not afraid.
6. They encourage themselves in an evil thing, they speak of laying traps; they say: "Who will see them?”
7. They sought pretexts; [and when] they completed a diligent search, each man [kept the plot] inside, deep in the heart.
8. But God shot at them; [like] a sudden arrow were their blows.
9. Their own tongues caused them to stumble; all who see them shake their heads [derisively].
10. Then all men feared, and recounted the work of God; they perceived His deed.
11. Let the righteous one rejoice in the Lord and take refuge in Him, and let them take pride-all upright of heart.
Chapter 65
This psalm contains awe-inspiring and glorious praises to God, as well as entreaties and prayers concerning our sins. It declares it impossible to recount God's greatness, for who can recount His mighty acts? Hence, silence is His praise.
1. For the Conductor, a psalm by David, a song.
2. Silence is praise for You, O God [Who dwells in] Zion; and to You vows will be paid.
3. O Heeder of prayer, to You does all flesh come.
4. Matters of sin overwhelm me; You will pardon our transgressions.
5. Fortunate is [the nation] whom You choose and draw near, to dwell in Your courtyards; may we be sated with the goodness of Your House, with the holiness of Your Sanctuary.
6. Answer us with awesome deeds as befits Your righteousness, O God of our salvation, the security of all [who inhabit] the ends of the earth and distant seas.
7. With His strength He prepares [rain for] the mountains; He is girded with might.
8. He quiets the roar of the seas, the roar of their waves and the tumult of nations.
9. Those who inhabit the ends [of the earth] fear [You] because of Your signs; the emergences of morning and evening cause [man] to sing praise.
10. You remember the earth and water it, you enrich it abundantly [from] God's stream filled with water. You prepare their grain, for so do You prepare it.
11. You saturate its furrows, gratifying its legions; with showers You soften it and bless its growth.
12. You crown the year of Your goodness [with rain], and Your clouds drip abundance.
13. They drip on pastures of wilderness, and the hills gird themselves with joy.
14. The meadows don sheep, and the valleys cloak themselves with grain; they sound blasts, indeed they sing.
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Tanya: Likutei Amarim, middle of Chapter 29
• Lessons in Tanya• English Text
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Likutei Amarim, middle of Chapter 29
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Likutei Amarim, middle of Chapter 29
• Shabbat, Adar I 11, 5776 · February 20, 2016
• Daily Tanya
Likutei Amarim, middle of Chapter 29
• וכמאמר הלל הזקן לתלמידיו, כשהיה הולך לאכול היה אומר שהוא הולך לגמול חסד עם העלובה ועניה, הוא גופו, כי כמו זר נחשב אצלו, ולכן אמר שהוא גומל חסד עמו במה שמאכילו, כי הוא עצמו אינו רק נפש האלקית לבד, כי היא לבדה מחיה גופו ובשרו, שהרע שהיה בנפש החיונית המלובשת בדמו ובשרו נתהפך לטוב, ונכלל בקדושת נפש האלקית ממש בצדיקים
It was in this sense that Hillel the Elder would say to his disciples when he went to eat that he was going to do a favor to the1 “lowly and poor creature,” meaning his body. He regarded his body as a foreign thing, and therefore used this expression — that he was doing it a favor by giving it food. For he himself was nothing other than the divine soul. It alone animated his body and flesh, inasmuch as in tzaddikim the evil that was in the vital soul pervading their blood and flesh has been transformed into good and completely absorbed into the holiness of the divine soul, and thus, the divine soul is the man himself.
אבל בבינוני, מאחר שמהותה ועצמותה של נפש החיונית הבהמית שמסטרא אחרא המלובשת בדמו ובשרו לא נהפך לטוב, הרי היא היא האדם עצמו
With a Beinoni, however, since the substance and essence of the vitalizing, animal soul (stemming from the sitra achra) which pervades his blood and flesh has not been transformed into good, it indeed constitutes the man himself, and therefore, by crushing his own spirit the Beinoniactually crushes the sitra achra.
The Alter Rebbe now proceeds to suggest various lines of reasoning that the Beinonimay use in order to humble and crush his spirit — and thereby the sitra achra of his animal soul. The first of these follows from the point just concluded, that the personality of the Beinoni is, in fact, an expression of the sitra achra — the animal soul.
FOOTNOTES
1.
Vayikra Rabbah 34:3.
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Shabbat, Adar I 11, 5776 · February 20, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 353
Provocative Behavior
"No man shall come near to any of his relatives, to uncover [their] nakedness"—Leviticus 18:6.
It is forbidden to derive pleasure from any of the women whom the Torah forbids us from marrying, by kissing, embracing and the like. For such behavior leads to actualizing the forbidden relationship.
Full text of this Mitzvah »
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Positive Commandment 149
Inspecting Animals for Kosher Signs
"These are the beasts which you shall eat"—Leviticus 11:2.
We are commanded to inspect wild or domesticated mammals before consuming them, to ascertain whether they possess the kosher signs—i.e. split hooves and cud chewing.
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Shabbat, Adar I 11, 5776 · February 20, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 353
Provocative Behavior
"No man shall come near to any of his relatives, to uncover [their] nakedness"—Leviticus 18:6.
It is forbidden to derive pleasure from any of the women whom the Torah forbids us from marrying, by kissing, embracing and the like. For such behavior leads to actualizing the forbidden relationship.
Full text of this Mitzvah »
Provocative Behavior
Negative Commandment 353
Translated by Berel Bell
The 353rd prohibition is that we are forbidden from deriving pleasure from any forbidden partner,1 even without sexual relations, e.g. through kissing, hugging, and the like.
The source of this prohibition is G‑d's statement,2 "To a close relative, do not approach to have forbidden sexual relations," as if to say, "do not come close to them in any type of closeness which could lead to sexual relations."
The Sifra says, "The phrase, "Do not approach to have forbidden sexual relations," would seem only to prohibit actual sexual relations. How do we know that one may not have other types of closeness? From the verse,3 'Do not come close to a woman who is tameh from being in nidah.' This only proves that both relations and closeness are forbidden with a woman who is in nidah. How do we know that the same applies to all forbidden partners? From the verse, 'Do not approach to have forbidden sexual relations.' " There it also says, "What is the meaning of the phrase,4 'Those who do5 [these sexual violations] shall be cut off spiritually'? Since it says, 'Do not approach,' one might think that kares is incurred even for other forms of closeness; the verse therefore says 'those who do,' not 'those who come close.' " The Torah repeats its prohibition of these vulgar acts in the verse,6 'Do not follow any of the perverted customs'?
However,7 the two prohibitions,8 "Do not follow the ways of Egypt where you once lived, nor the ways of Canaan...," do not just prohibit the "perverted customs' [and therefore repetitions of the prohibition against acts of closeness], but rather the perversions themselves which are listed in the subsequent verses. These two prohibitions therefore include all forbidden sexual relations; but since the prohibition against following "the ways of Egypt" and "the ways of Canaan" includes all their immoral acts,9 and matters of agriculture, raising animals, and social life, the Torah therefore continued by specifying the specific type of sexual relation referred to — this type, another type, and so on. This is clear from the verse at the end of this section,10 "The people who lived in the land before you did all these disgusting perversions." The Sifra says, "I would think [from the ban on following 'the ways of Egypt,' etc.] that one may not construct buildings or plant vineyards like theirs. The Torah therefore adds,11 'Do not follow [any] of their customs' — the prohibition covers only customs which have been practiced by they and their forefathers." And there it explains, "What did they used to do? A man would marry another man; a woman another woman; and one woman would marry two men."
This all proves that the prohibitions against following "the ways of Egypt" and "the ways of Canaan" are of a general nature, covering all forbidden sexual relations. Afterwards, the particular categories are each mentioned separately.
The details of this mitzvah are explained in the Commentary on the Mishneh to the seventh chapter of Sanhedrin, where it is also explained that the punishment is lashes.
It is also important to know that in any case where sexual relations are forbidden upon punishment of kares, a child conceived from that forbidden union is called a mamzer. G‑d has called this child a mamzer, whether the forbidden union was intentional or accidental — with the exception of a child born from a union when the mother was in nidah. Then the child is not called a mamzer, but a ben nidah. This is explained in the fourth chapter of Yevamos.12
FOOTNOTES
1.Literally, ervah, or any woman forbidden upon punishment of kares.
2.Lev. 18:6.
3.Ibid. 18:19.
4.Ibid. 18:29.
5.Apparently the Sifra's question is based on the seemingly extra words hanefashos ha'osos. The verse could have said v'nich'rsu ('they shall be cut off'), and it would have obviously referred to the sexual relations discussed in the previous verses. "Those who do" therefore comes to limit this punishment only to actual sexual relations, not to other forms of closeness, which do not incur such a strict punishment.
6.Ibid. 18:30.
7.In the following discussion, the Rambam proves that Lev. 18:3 is unrelated to the prohibition against kissing, etc., but is rather a general prohibition covering forbidden sexual relations. Since it is general in nature, it is not counted among the 613 mitzvos (see Introductory Principle Four].
8.Ibid. 18:3.
9.This term includes immorality in sexual relations, theft, dishonest weights and measures, etc. See Kapach, 5731, note 21.
10.Ibid. 18:27.
11.Ibid. 18:3. This is the conclusion of the verse which speaks of "the ways of Egypt," etc.
12.49b.
Positive Commandment 149
Inspecting Animals for Kosher Signs
"These are the beasts which you shall eat"—Leviticus 11:2.
We are commanded to inspect wild or domesticated mammals before consuming them, to ascertain whether they possess the kosher signs—i.e. split hooves and cud chewing.
Full text of this Mitzvah »
Inspecting Animals for Kosher Signs
Positive Commandment 149
Translated by Berel Bell
The 149th mitzvah is that we are commanded regarding the signs of beheimos and chayos [animals1]. They must chew their cud and have split hooves, and only then may they be eaten. It is a positive commandment that we examine them for these signs.
The source of this commandment is G‑d's statement,2 "These are the animals that you may eat...."
The Sifra says, "The phrase,3 '[Among mammals, any one that has split hooves that are cloven and that brings up its cud —] that one you may eat,' teaches that only that kind may you eat, and you may not eat one which is non-kosher." This means that from the law that it may be eaten if it has these signs, we imply that it may not be eaten if it lacks these signs. And according to the principle already explained,4 a prohibition which is implied from a positive commandment is counted as a positive commandment. Therefore, after the passage quoted above, the Sifra continues, "This teaches us the positive commandment; what is the source of the prohibition? The verse,5 ['these are the ones that you may not eat...:] The camel...' " as explained in the section dealing with the prohibitions.6
This shows that the statement, "That one you may eat," constitutes a positive commandment. The mitzvah, as previously mentioned, is that we are commanded to inspect every beheimah and chaya for these signs; and only then may it be eaten. This law is itself the mitzvah.
The details of this mitzvah are explained in tractates Bechoros and Chullin.
FOOTNOTES
1.The primary difference between these two categories of animals is that chayos have splintered horns or antlers, whereas beheimos do not. Beheimos and chayos are sometimes referred to as "tame" and "domestic" animals.
2.Lev. 11:2.
3.Ibid. 11:3.
4.See P38.
5.Lev. 11:4.
6.See N172.
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Halacha 1
We may not use the produce of the Sabbatical year for commercial activity.1 If one desires to sell a small amount2 of the produce of the Sabbatical year, he may.3 The money he receives [in return] has the same status as the produce of the Sabbatical year. He should use it to purchase food4 and eat that food according to the restrictions of the holiness of the Sabbatical year.5 The produce that was sold retains the holiness it possessed previously.6
Halacha 2
[In the Sabbatical year,] one should not reap vegetables from a field7 and sell them, nor should one charge a fee for dyeing with shells [from produce] of the Sabbatical year, because this is using the produce of the Sabbatical year for commercial activity.8 If one reaped vegetables to partake of them and some were left over, he may sell the remainder.9 The proceeds are considered as the produce of the Sabbatical year. Similarly, if a person reaped vegetables for himself and his son or grandson took some of them and sold them, [the sale] is permitted10 and the proceeds are considered as the produce of the Sabbatical year.
Halacha 3
When the produce of the Sabbatical year is sold, it should not be sold by measure, nor by weight, nor by number, so that it will not appear that one is selling produce in the Sabbatical year. Instead, one should sell a small amount by estimation to make it known that [the produce] is ownerless.11 And the proceeds of the sale should be used to purchase other food.
Halacha 4
One may package those entities that are usually packaged to bring home to sell in the market by estimation in the manner that one packages produce to bring home,12 not like one packages it for the market13 so that one will not sell in constrained manner. Produce that is packaged only for the market place should not be packaged.
Halacha 5
Produce from the Diaspora which were brought into Eretz Yisrael should not be sold by measure, nor by weight, nor by number. Instead, they should be sold by estimation like the produce of Eretz Yisrael.14 If it was obvious that it was produce from the Diaspora, it is permitted [to sell it in the ordinary manner].
Halacha 6
There is a stringency that applies to the produce of the Sabbatical year and not to articles consecrated [to the Temple]. When one redeems consecrated articles, the consecrated article loses its sacred status and that status is conveyed to the money.15 This is not so with regard to the produce of the Sabbatical year. When one sells the produce of the Sabbatical year, the status of the produce is conveyed to the money.16 The produce itself, however, does not lose its status and it is not considered as produce of the other years. [This is derived from] the use of the word tihiyeh17 [in the command regarding the produce of the Sabbatical year. That term implies that the produce] will be in its state at all times. And since the produce of the Sabbatical year is described18 as "holy," its status is conveyed to the money paid for it.19 Thus the final [object purchased]20receives the status of the Sabbatical year and [the status of] the produce itself remains as before.
Halacha 7
What is implied? A person purchased meat with the produce of the Sabbatical year or the proceeds from its sale. The meat is given the status of that produce and must be eaten [as befits the holiness of] the produce of the Sabbatical year. And one must rid oneself of it when one one must rid oneself of that produce.21 If one used that meat or the proceeds from its sale to purchase fish, the meat is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the fish. If one used that fish or the proceeds from its sale to purchase oil, the fish is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the oil. If one used that oil or the proceeds from its sale to purchase honey, the oil is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed to the honey. One must rid oneself of the original fruit and the honey as one must rid oneself of the produce of the Sabbatical year. Neither of them may be used to make a compress, nor may they be ruined, as is the rule with regard to the produce of the Sabbatical year.
Halacha 8
The holiness of the produce of the Sababtical year may be transferred only through a sale. When does this apply? With regard to the original produce. With regard to the produce received [in exchange for that produce], its holiness can be transferred through a sale or through a process of transfer.22
Halacha 9
When one is transferring the holiness of produce that was exchanged [for produce of the Sabbatical year], one may not transfer it to a domesticated animal, fowl, or beast, that is alive,23 lest they be left alive and one raise herds [of animals imbued with the holiness of the Sabbatical year]. Needless to say, this24 applies with the produce of the Sabbatical year itself. One may, however, transfer the holiness of this produce to animals that have been slaughtered.25
Halacha 10
Money received for produce of the Sabbatical year may not be used to pay a debt.26 Nor may one use it to repay shushbinut27 or return a favor.28 One should not use it to pay a pledge of charity for the poor in the synagogue.29One may, however, send it for purposes associated with the acts of kindness,30 but one must notify the recipients.31
Similarly, it may not be used to purchase servants, landed property, or a non-kosher animal.32 If it was used for those purposes, one should purchase ordinary food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year],33 as was explained with regard to the second tithes.34 One may not purchase pairs of doves for [the sacrifices of] zavim, zavot, or women after childbirth,35 or sin-offerings or guilt offerings.36 If he purchased [these offerings with these funds], he should purchase food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year]. One should not apply oil from the Sabbatical year to utensils or hides.37If one did so, one should purchase food with a commensurate sum and partake of it38 [as befits the holiness of the Sabbatical year].
Halacha 11
[This money] should not be given to a bathhouse attendant, a blood-letter,39 a person who sails a boat, or another craftsman.40 He may, however, give them to a person who draws water from a well to provide him with drinking water.41It is permitted to given the produce of the Sabbatical year or money received in return for it to a craftsman as a present.42
Halacha 12
When a person tells a worker: "Here is an isar.43 Gather vegetables44 for me today," his wage is permitted. It is not considered as money received in return for produce of the Sabbatical year. Instead, he may use it for whatever he desires.45The worker was not penalized46 in that his wage would be considered as money received for the produce of the Sabbatical year. If he told him: "Gather a vegetable for me today for it," [his wage] is considered as money received in return for produce of the Sabbatical year.47He may use it only for eating and drinking like the produce of the Sabbatical year.
Halacha 13
When donkey-drivers perform work with the produce of the Sabbatical year that is forbidden - e.g., they bring more than the [minimal amount] of produce48- their wages are considered as money received in return for produce of the Sabbatical year.49 This is a penalty imposed upon them.
Why was a penalty imposed on the wages of a donkey-driver and not on the wages of a hired worker? Because the latter receives a minimal wage. Hence, he was not penalized so that [he could earn] his livelihood.
Halacha 14
When a person purchases a loaf of bread from a baker for a pundiyon,50 and tells him: "When I harvest vegetables [grown in the Saabatical year] from the field, I will bring them to you for it."51 this is permitted.52 The loaf of bread is considered as the produce of the Sabbatical year.53 If he purchases the loaf without making any qualifications,54 he should not pay him with money received for the produce of the Sabbatical year, because one should not use that money to pay debts.55
Halacha 15
One may partake of the produce of the Sabbatical year [in expectation56 that the recipient will return] the favor and when there are no such expectations.57What is implied [by the idea of eating in expectation of the return of the favor]? One may give a colleague the produce of the Sabbatical year as if he had already performed a favor for him58 or invite him into his garden to eat as one who performed a favor for him.
When a person was given the produce of the Sabbatical year as a present or he inherited it, he should partake of it in the same manner as if he gathered this produce from the field himself.59
FOOTNOTES
1.
Avodah Zarah 62a derives this insight from the exegesis of Leviticus 25:7. The fact that the Rambam does not mention that prooftext here has raised a question among the commentaries: Does he consider the prohibition against using the produce of the Sabbatical year as merchandise as Scriptural or Rabbinic in origin?
2.
Enough for three meals (Kessef Mishneh).
3.
For selling a small amount is not considered as using the produce as merchandise.
4.
For humans (see Chapter 5, Halachah 12).
5.
Sukkah 40b derives this from the exegesis of Leviticus 25:12: "It shall be holy for you." Just as the sanctity of articles that are "holy," consecrated to the Temple, is transferred to the money received for them, so too, the holiness of the produce of the Sabbatical year is transferred to the money received for it.
6.
See Halachot 6-7.
7.
These refer to vegetables that grow under the circumstances described in Chapter 4, Halachah 4, or the like. Otherwise, the vegetables would be forbidden as sifichin. See the gloss of the Kessef Mishneh to Halachah 12.
8.
This is forbidden even if one intends to use the proceeds to purchase food which he will eat according to the requirements of the holiness of the Sabbatical year [the Rambam's Commentary to the Mishnah (Shivi'it 7:3)].
9.
For it is obvious that he gathered the vegetables for his own personal use.
10.
Since the person who reaped the produce was not the one who sold it, there is no prohibition involved (Radbaz).
11.
The Radbaz states that one should also sell the produce at a lower price than usual.
12.
When a person packages produce to take home from his field, he is not precise with regard to the amount he takes.
13.
When a person packages produce to sell in the marketplace, he is careful to package an exact amount, so that the sale will be honest.
The Ra'avad differs with the Rambam's ruling, maintaining that as long as the type of produce is packaged to bring home, it can be packaged for sale. The Radbaz and theKessef Mishneh support the Rambam's interpretation, explaining that when produce is packaged for sale, it is possible for an onlooker to appreciate that this is the intent from the way that it is packaged.
14.
For an onlooker will not understand that the produce is from the Diaspora and will think that the produce of the Sabbatical year is being sold in an ordinary manner.
15.
See Hilchot Arachin 6:4.
16.
And it must be used to purchase food which will be eaten with the stringencies befitting the holiness of the produce of the Sabbatical year.
17.
Leviticus 25:12. See the Sifra to this verse.
18.
Leviticus 25:12. See the Sifra to this verse.
19.
As is true with regard to the money used to redeem consecrated objects.
20.
I.e., the food to be eaten; see the following halachah, for an explanation.
21.
See Chapter 7, Halachah 1, which speaks about this subject.
22.
I.e., one says: "The holiness of this produce is transferred to this other produce."
23.
Note the parallel to Hilchot Ma'aser Sheni4:6. There it is stated that if one makes such a transfer, it is not effective. The commentaries state that the same law applies in the present instance.
24.
That the holiness may not be transferred to a living animal.
25.
For the abovementioned difficulty does not apply.
26.
This is considered similar to using it to purchase merchandise.
27.
Shushbinut refers to a custom where a person sends money to a friend as a present at the time of the friend's wedding. Afterwards, when the person himself marries, his friend is expected to send a similar sum to him as a present. The money is considered as a debt and if he fails to so, he can be sued in court. See Hilchot Zechiyah UMatanah, ch. 7.
28.
I.e., the person once lent him money. He may not use money received in return for the produce of the Sabbatical year to offer that person a loan (Radbaz, Hilchot Matanot Aniyim 6:17).
29.
Since the person pledged money, satisfying his obligation with the produce of the Sabbatical year is comparable to using it to pay a debt.
30.
I.e., providing that person with the meal of comfort at the time of bereavement (ibid.).
31.
So that they treat it with the appropriate holiness and rid themselves of it when required. Also, the recipient will realize that he need not be overly grateful, for he was not given produce of full value.
32.
For as mentioned above, such money may only be used for the purchase of food.
33.
Our translation is taken from the Rambam's Commentary to the Mishnah (Shivi'it 8:8).
34.
See Hilchot Ma'aser Sheni 7:17.
35.
As explained in Hilchot Mechusrei Kapparah, ch. 1, these individuals are required to bring pairs of doves as part of their sacrifices to emerge from impurity.
36.
In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam explains that money from the second tithes - and thus by extension, money from the Sabbatical year - may not be used for these sacrifices, for they are not eaten by their owners.
37.
For then, he is not receiving direct physical benefit from the oil. See Chapter 5, Halachah 7.
38.
But not use it for smearing. See Chapter 5, Halachah 12, and notes.
39.
Our translation is taken from the Rambam's Commentary to the Mishnah (Kilayim 9:3).
40.
For, as stated, above, they may not be used for a purpose other than food.
41.
For that is like using the money to purchase drinking water [the Rambam's Commentary to the Mishnah (Shivi'it 8:5)]. He may not, however, give it to him to draw water for other purposes (Radbaz).
42.
Even though the craftsman will be receiving a present and will return the favor to the person in some way, that is permitted. See Halachah 15 and notes.
43.
A coin of small value used in the Talmudic period. In his Commentary to the Mishnah (Shivi'it 8:4), the Rambam states that this was the cost of inexpensive vegetables in the Talmudic era.
44.
This refers to vegetables that grow in the manner described in Chapter 6, Halachah 4 (Kessef Mishneh).
45.
I.e., it is not restricted to being used for eating or drinking as is money received in return for produce of the Sabbatical year.
46.
See the rationale given in the following halachah.
47.
The wording used by the employer clearly establishes such a connection. As the Radbaz explains, in the first instance, it appears that he is hiring him to work that day. In the second instance, it appears that he is hiring him to reap vegetables.
48.
While it is permitted to bring a small amount of produce in the Sabbatical year from the fields as stated in Chapter 4, Halachah 24, these donkey-drivers brought oversized loads as they would do in other years.
49.
And may only be used for food and drink. This stringency applies even if their employer hired them using wording that would be permitted when hiring a worker.
50.
A coin of the Talmudic period that was twice the worth of an isar.
51.
I.e., rather than pay him now, he promises that he will pay him in the future by bringing him vegetables.
52.
The purchaser is not considered to be paying a debt with the produce from the Sabbatical year. Instead, since at the time he took the loaf of bread, he already stipulated that the exchange would be made, this is considered as an exchange for the produce of the Sabbatical year, which is permitted [the Rambam's Commentary to the Mishnah (Shivi'it 8:4)].
The commentaries explain that this concept is alluded to by the Rambam's addition of the word bo, meaning "for it." This implies that the purchaser is clearly stipulating that he is making an exchange.
53.
For it was received in exchange for produce of the Sabbatical year.
54.
And does not pay him immediately.
55.
As stated in Halachah 10. This applies even to debts incurred from purchasing food.
56.
Or even in return for having perfomed a favor.
57.
The Rambam is adding this point, to emphasize that we do not follow the opinion of Rabbi Yehudah who maintains that the School of Hillel permitted a person to partake of the produce of the Sabbatical year that belongs to a colleague only in expectation of favors (see Ediyot 5:1). Rabbi Yehudah's rationale is that it is not desirable for any person to have free access to a colleague's field and enter it at all times.
58.
In his Commentary to the Mishnah (Shivi'it4:1), the Rambam explains that the person tells a colleague: "Reap in my field and then I will reap in your field."
59.
There is a difference of opinion regarding this issue in Shivi'it 9:9 and the Rambam's ruling does not follow either of the views mentioned there. Nevertheless, it can be explained that the mishnah is speaking according to Rabbi Eliezer's perspective and Rabbi Eliezer follows the opinion of the School of Shammai. The Rambam's ruling reflects the position that would be given by the School of Hillel, whose opinion is accepted as halachah.
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Halacha 1
Whoever shares physical intimacy with one of the ariyot without actually becoming involved in sexual relations or embraces and kisses [one of them] out of desire1 and derives pleasure from the physical contact should be lashed2according to Scriptural Law. [This is derived from Leviticus 18:30which] states: "To refrain from perform any of these abominable practices," and [ibid.:6 which] states: "Do not draw close to reveal nakedness." Implied is that we are forbidden to draw close to acts that lead to revealing nakedness.3
Halacha 2
A person who engages in any of the abovementioned practices is considered likely to engage in forbidden sexual relations.
It is forbidden4 for a person to make motions with his hands or feet or wink with his eyes to one of the ariyot, to share mirth with her or to act frivolously with her.5 It is even forbidden to smell her perfume6 or gaze at her beauty. A person who performs any of these actions intentionally should be given stripes for rebellious conduct.
A person who looks at even a small finger of a woman with the intent of deriving pleasure is considered as if he looked at her genitalia. It is even forbidden to hear the voice of a woman forbidden as an ervah or to look at her hair.
Halacha 3
These matters are [also] forbidden with regard to women with whom relations are forbidden on the basis of [merely] a negative commandment.
It is permitted to look at the face of an unmarried woman and examine [her features] whether she is a virgin or has engaged in relations previously to whether she is attractive in his eyes so that he may marry her. There is no prohibition in doing this. On the contrary, it is proper to do this.7 One should not, however, look in a licentious manner. Behold [Job 31:1] states: "I established a covenant with my eyes; I would not gaze at a maiden."
Halacha 4
It is permitted for a person to gaze at his wife8 when she is in the niddahstate9 although she is an ervah [at that time]. Although his heart derives satisfaction from seeing her, since she will be permitted to him afterwards, he will not suffer a lapse. He should not, however, share mirth with her or act frivolously with her lest this lead to sin.
Halacha 5
It is forbidden for a man to have any woman - whether a minor or an adult, whether a servant or a freed woman - perform personal tasks for him, lest he come to lewd thoughts.
Which tasks are referred to? Washing his face, his hands, or his feet,10spreading his bed in his presence,11 and pouring him a cup. For these tasks are performed for a man only by his wife.12
[A man] should not send greetings to a woman at all, not even via a messenger.13
Halacha 6
When a man embraces or kisses any of the women forbidden to him as ariyotdespite the fact that his heart does not disturb him concerning the matter,14e.g., his adult sister, his mother's sister, or the like, it is very shameful. It is forbidden15 and it is foolish conduct. [This applies] even if he has no desire or pleasure at all. For one should not show closeness to a woman forbidden as an ervah at all, whether an adult or a minor, except a woman to her son and a father to his daughter.16
Halacha 7
What is implied? A father is permitted to embrace his daughter, kiss her, and sleep with her with their bodies touching17 and a mother may do the same with her son as long as they are young. When they grow and become mature18with the girl's body becoming developed,19 they should each sleep in clothing.
If the daughter is embarrassed to stand before her father naked or she married,20 and similarly, if the mother was embarrassed to stand before her son naked, even if [the children] are minors, when one reaches the point when one is ashamed [of being naked] in their presence, they should sleep together only when clothed.21
Halacha 8
Lesbian relations are forbidden. This is "the conduct of Egypt" which we were warned against, as [Leviticus 18:3] states: "Do not follow the conduct of Egypt." Our Sages said:22 What would they do? A man would marry a man, a woman would marry a woman, and a woman would marry two men.
Although this conduct is forbidden,23 lashes are not given for it, for it is not a specific prohibition24 and there is no intercourse at all. Therefore such women are not forbidden to marry into the priesthood as zonot, nor does a woman become prohibited to her husband because of this,25 for this is not considered harlotry. It is, however, appropriate to give them stripes for rebellious conduct26 because they performed a transgression. A man should take precautions with his wife with regard to this matter and should prevent women who are known to engage in such practices from visiting her and her from visiting them.
Halacha 9
A man's wife is permitted to him. Therefore a man may do whatever he desires with his wife. He may engage in relations whenever he desires, kiss any organ he desires,27 engage in vaginal or anal intercourse or engage in physical intimacy without relations, provided he does not release seed in vain.28
Nevertheless, it is pious conduct for a person not to act frivolously concerning such matters and to sanctify himself at the time of relations, as explained inHilchot Deot.29 He should not depart from the ordinary pattern of the world. For this act was [given to us] solely for the sake of procreation.30
Halacha 10
A man is forbidden to engage in relations by candlelight.31 If, on the Sabbath,32 he did not have another room and there is a light burning, he should not engage in relations at all.33
Similarly, it is forbidden for a Jew to engage in relations during the day, for this is brazen conduct. If he is a Torah scholar, who will not be drawn after this, he may create darkness with his garment and engage in relations. One should not, however, adopt this measure unless there is a great need.34 It is the course of holy conduct to engage in relations in the middle of the night35
Halacha 11
Our Sages do not derive satisfaction from a person who engages in sexual relations excessively and frequents his wife like a rooster. This reflects a very blemished [character]; it is the way underdeveloped people conduct themselves. Instead, everyone who minimizes his sexual conduct is praiseworthy, provided he does not neglect his conjugal duties36 without the consent of his wife. The sole reason while originally it was ordained that a person who had a seminal emission should not read from the Torah until they immerse themselves37 was to minimize sexual conduct.
Halacha 12
Similarly, our Sages38 forbade a person from engaging in relations with his wife while his heart is focused on another woman. He should not engage in relations while intoxicated, nor while quarreling, nor out of hatred. He should not engage in relations with her against her will when she is afraid of him.39Nor when one of them is placed under a ban of ostracism. He should not engage in relations [with his wife] after he made the decision to divorce her. If he does so,40the children will not be of proper character. There will be those who are brazen and others who are rebellious and sinful.
Halacha 13
Similarly, our Sages said41 that whenever an audacious woman demands relations verbally, a man seduces a woman for the sake of marriage, he had the intent of having relations with his wife Rachel and instead, engages in relations with his wife Leah, or a woman does not wait three months after the death of her husband and gives birth to a son whose identity is questionable,42 all of the children born in these situations will be rebellious and sinful who will be purified by the sufferings of exile.
Halacha 14
It is forbidden for a man to engage in relations with his wife in the marketplaces, streets, gardens, or orchards. Instead, [a couple should be physically intimate] only in a home, so that they will not appear as licentious relations and will not habituate themselves to licentious relations.43 When a man engages in relations with his wife in such places, he should be given stripes for rebellious conduct. Similarly, when a man consecrates a woman via sexual relations,44 consecrates her in the market place or consecrates her without there being an engagement beforehand, he is given stripes for rebellious conduct.45
Halacha 15
Halacha 16
A person should not enter a bathhouse with his father, his sister's husband, nor with his student.48 If he needs his student [to assist him], it is permitted. There are places where people followed the custom that two brothers would not enter a bathhouse at the same time.
Halacha 17
Jewish women should not walk in the marketplace with uncovered hair. [This applies to] both unmarried49 and married women. Similarly, a woman should not walk in the street with her son following her. [This is] a decree, [enacted so that] her son not be abducted and she follow after him to bring him back and she be molested by wicked people who took hold of him as a caprice.
Halacha 18
It is forbidden to release sperm wastefully.50 Therefore a person should not enter his wife and ejaculate outside of her.51 A man should not marry a minor who is not fit to give birth.52
Those who, however, release sperm with their hands, beyond the fact that they commit a great transgression, a person who does this will abide under a ban of ostracism. Concerning them, it is said: "Your hands are filled with blood." It is as if they killed a person.
Halacha 19
It is forbidden for a person to intentionally cause himself to have an erection or to bring himself to [sexual] thoughts. If a [sexual] thought comes to his mind, he should divert his heart from profligate and destructive matters to the words of Torah53 which are "a beloved hind, arousing favor."54 For this reason, it is forbidden for a person to sleep on his back with his face upward,55 Instead, he should turn to the side slightly so that he will not develop an erection.
Halacha 20
One should not look at animals, beasts, and fowls at the time the males and females are coupling. It is, however, permitted for a breeder of livestock to insert a male animal's organ in a female's. Since he is working in his profession, he will not be motivated to [sexual] thoughts.
Halacha 21
Halacha 22
When a person encounters a woman in the street, it is forbidden for him to walk behind her.58 Instead, he should hurry and [position himself so that] she is at his side or behind him. Whoever walks behind a woman in the marketplace is one of the frivolous of the common people.
It is forbidden to pass the entrance of a harlot without distancing oneself four cubits, as [Proverbs 5:8] states: "Do not come close to the entrance of her home."
Halacha 23
It is forbidden for an unmarried man to extend his hand to his testicles, lest he be stimulated to [sexual] thoughts. Indeed, he should not extend his hand below his navel, lest he be stimulated to [sexual] thoughts. If he urinates, he should not hold the shaft of his organ while urinating. If he is married,59 this is permitted. Whether he is married or not, he should not extend his hand to his organ at all, except when he has to urinate.60
Halacha 24
One of the pious men of the early eras and the wise men of stature prided himself in that he never looked at his male organ. Another said with pride that he had never contemplated his wife's physical form.61 For their hearts would be diverted from profligate matters to the words of truth which take hold of the hearts of the holy.
Halacha 25
Among our Sages' commands is that a person should marry off his sons and daughters close to the time they reach physical maturity.62 For were he to leave them [unmarried], they may be motivated to promiscuity or sexual thoughts. Concerning this was applied the verse [Job 5:24]: "Scrutinize your dwelling and you shall not sin."63
It is forbidden to marry a woman to a minor, for this is comparable to promiscuity.64
Halacha 26
Halacha 27
Similarly, a person who divorced his wife after they were married69should not live in the same courtyard as she, lest this lead to promiscuity.70If he was a priest, he should not dwell in the same lane as she.71 A small village is considered as a lane.
If he owes her a debt, she should appoint an agent to demand payment from him.72 When a divorcee and her ex-husband come [to court] for a judgment, we place them under a ban of ostracism or subject them to stripes for rebellious conduct.73
If, however, a woman was divorced [merely] after consecration, she may summon him to court and dwell near him.74 If they shared extensive familiarity, this is forbidden even if [they were divorced merely] after consecration.
Who is forced to move? She is forced to move because of him.75 If the courtyard belongs to her, he is forced to move because of her.
Halacha 28
A person should not marry a woman with the intent to divorce her, [as alluded to by Proverbs 3:29]: "Do not devise evil against your loved one, one who dwells securely with you." If he notifies her at the outset that he is marrying her only for a limited time, it is permitted.76
Halacha 29
A person should not marry one woman in one country and another woman in another country, lest this situation continue for a long time and [ultimately,] a brother may marry his sister, the sister of his mother, or the sister of his father and the like without knowing.77 If [the man with two wives] is a person of stature whose name is known and whose descendants are well known and celebrated, it is permitted.78
Halacha 30
A man should not marry a woman from a family of lepers, nor from a family of epileptics, i.e., that it has been established on three occasions that the descendants of this family have this malady.
Halacha 31
When a woman was married to two husbands and they both died, she should not marry a third [man].79 If she did marry, she need not be divorced.80Indeed, even if he merely consecrated her, he may consummate the marriage.
An unlearned81 Israelite should not marry the daughter of a priest. For this is comparable to the desecration of Aaron's seed. If they marry, our Sages said82that their marriage will not be propitious. Instead, they will die without children, either he or she will die in the near future, or there will be strife between them.83When, by contrast, a Torah scholar marries the daughter of a priest, this is attractive and praiseworthy, [joining] the Torah and the priesthood as one.
Halacha 32
A person should not marry the daughter of an unlearned person. For if he dies or is exiled, his children will grow up unlearned, since their mother is not knowledgeable regarding the crown of Torah.84 Nor should he give his daughter to an unlearned person in marriage. For anyone who gives his daughter to an unlearned person is like one who bound her and placed her before a lion. He will strike her and engage in relations and has no shame.
A person should sell everything that he has [so that] he can marry the daughter of a Torah scholar. For if he dies or is exiled, his children will grow up as Torah scholars. And he should marry his daughter to a Torah scholar for there is no shameful conduct or strife in the home of a Torah scholar.
FOOTNOTES
1.
Compare to Halachah 6.
2.
As evident from Halachah 3, although such acts are forbidden whenever sexual relations are prohibited, lashes are given only when the woman is one of the ariyot(Maggid Mishneh).
3.
The verse teaches that not only is undesirable sexual conduct itself forbidden, but also preliminary acts that lead to such conduct.
This teaching is significant from a theoretical perspective. Our Sages teach (Avot 1:1): "Make a fence around the Torah," i.e., enact prohibitions to safeguard Scriptural prohibitions and prevent them from being violated. Our Rabbis, however, question if there is a concept of "making a fence" in Scriptural Law, i.e., are there prohibitions that exist solely to prevent one from violating more severe prohibitions?
It would appear that this prohibition would fall into that category (see Halachah 4). Why are these acts of closeness forbidden? Because most likely they will lead to intimacy. One may, however, explain that these acts of closeness are, in and of themselves, "abominable practices," and hence, forbidden.
The above discussion is relevant according to the Rambam's approach. The Ramban [Hasgot to Sefer HaMitzvot (mitzvah 353) differs and does not consider the prohibition mentioned here of Scriptural origin. Instead, he views it as a Rabbinic safeguard, "a fence" instituted by the Rabbis to protect Scriptural Law.
4.
The Maggid Mishneh considers the following as Rabbinic safeguards. The Beit Shmuel21:2 mentions opinions which consider some as having a Scriptural source.
5.
As Avot 1:5 teaches: "Mirth and frivolity habituate a person to immorality."
6.
In his Commentary to the Mishnah (Sanhedrin 7:4), the Rambam quotes thePesikta Rabati, ch. 25, which interprets the commandment lo tinaf, as "Do not taken forbidden pleasure with your nose."
7.
For if a person does not look at a woman before he marries her, he may have an unpleasant surprise afterwards (Kiddushin41a). The Ra'avad suggests that a pious person should rely on the opinion of others rather than looking at his intended himself, but the Shulchan Aruch (Even HaEzer 21:3) quotes the Rambam's view.
8.
Indeed, a woman may adorn herself during this time so that she will not appear unattractive to her husband (Chapter 11, Halachah 19).
9.
This applies only to portions of her body which are usually revealed. He should not look at those portions that are usually covered (Ra'avad).
10.
This applies even if the woman does not actually touch him [Shulchan Aruch (Even HaEzer 21:5)].
11.
Implied is that outside one's presence, this is permitted.
12.
For they all suggest a certain measure of intimacy. Compare to Chapter 11, Halachah 19.
When commenting on the quotation of these laws by the Shulchan Aruch, the Rama mentions certain leniencies, e.g., if the tasks are performed in a public place, if there is no indication of closeness involved.
13.
Our translation is based on the gloss of theMaggid Mishneh who explains that it is permitted to inquire concerning a woman's welfare.
14.
I.e., he has no fear that this closeness will lead to intimacy.
15.
Nevertheless, if one has no pleasure or desire, the act is not punished by lashes [the Rambam's Commentary to the Mishnah (Sanhedrin 7:3)].
16.
The Chelkat Mechokek 21:10 adds that one may show physical closeness to one's granddaughter and to one's infant sister.
17.
I.e., even unclothed.
18.
In Hilchot Keriat Shema 3:19, the Rambam mentions that the children must also reached the age of majority, thirteen for boys and twelve for girls. In our translation, however, we have focused on the physical characteristics, because the Chelkat Mechokek 21:12 emphasizes that this is what is of primary importance.
19.
The Rambam borrows the wording ofEzekiel 16:7 which literally means "her breasts are developed and her hair has grown."
20.
The Maggid Mishneh states that this applies even if she is merely consecrated.
21.
Even when children reach the stage when they and their parents are required to sleep together while clothed, their parents are still allowed to embrace them and kiss them (Beit Shmuel 7:15).
22.
Sifra, commenting on the above verse.
23.
By Scriptural Law. The verse is not merely cited as support for a Rabbinic injunction.
24.
As stated in Sefer HaMitzvot (negative commandment 353), this is a general prohibition, including all types of forbidden sexual behavior. As stated in Hilchot Sanhedrin 18:2-3, lashes are not given for the violation of prohibitions that are of a general nature.
25.
As would apply were this to be considered as adultery.
26.
This represents a change of opinion from his statements in his Commentary to the Mishnah (Sanhedrin 7:3) where he writes that even according to Rabbinic Law, no punishment should be given.
27.
The Beit Shmuel 25:1 quotes many authorities who forbid a man from kissing his wife's genitalia.
28.
See Halachah 18.
29.
In Hilchot Deot, ch. 3, the Rambam elaborates on the concept that all of a person's actions, even his sexual conduct, must be for the sake of heaven. In Chapter 5, Halachot 4-5, the Rambam elaborates on refined habits of sexual conduct.
30.
In his Commentary to the Mishnah (Sanhedrin 7:3), the Rambam writes:
The intent of sexual relations is the preservation of the species and not only pleasure. The aspect of pleasure was introduce only to motivate the created beings toward that ultimate goal....The proof of this is that desire and pleasure cease after ejaculation; this was the entire goal for which our instincts were aroused. If the goal were pleasure, satisfaction would continue as long as man desired.
31.
The point of the laws mentioned in this halachah is that one should not look at one's wife while engaging in relations.
32.
When it is a mitzvah to engage in relations.
33.
If one can cover the light or create a partition in front of it in a manner permitted on the Sabbath, there is no prohibition [Chelkat Mechokek 25:4; Rama (Orach Chayim240:11)].
34.
I.e., one feels very aroused (Magen Avraham 240:25).
35.
In Hilchot Deot 5:4, the Rambam gives a rationale that at this time a person's food will have been digested and yet, he will not be overly hungry. The commentaries toNedarim 20b explain that in this manner, the man and his wife will have forgotten all their daytime concerns and will be able to focus their attention on each other and the holiness of the experience.
36.
See Hilchot Ishut, ch. 14, which explains the frequency of the conjugal duties a husband has to his wife. This factor is dependent on the nature of the husband's work and the manner in which it taxes him.
37.
See Hilchot Kriat Shema 4:8 which explains that originally, Ezra enacted such a decree for the reason mentioned by the Rambam. Afterwards, our Sages checked and saw that this decree had never fully spread throughout the Jewish community. Hence they nullified it.
38.
Nedarim 20b.
39.
See Hilchot Deot 5:4-5 which states:
[Relations should be conducted] amidst their mutual consent and joy. He should converse and dally with her somewhat, so that she will be relaxed. He should have intercourse [with her] modestly and not boldly.... Whoever conducts himself in this manner [may be assured that] not only does he sanctify his soul, purify himself, and refine his character, but furthermore, if he has children, they will be handsome and modest, worthy of wisdom and piety.
40.
I.e., exhibits any of the undesirable behaviors described above. The rationale is, as explained in Avodat HaKodesh and other sources, a person's intent at the time of sexual relations has a major effect in determining the character of his children.
41.
Nedarim, loc. cit..
42.
As stated in Hilchot Gerushin 11:16, whenever a woman is divorced or widowed, she should wait 90 days before remarrying, so that the identity of her child's father will be clearly established.
43.
For surrendering oneself to one's desires without control within the context of marriage may lead one to surrender oneself to one's desires outside the context of marriage.
44.
According to Scriptural Law, a person may consecrate his wife by engaging in relations with her. Nevertheless, our Sages forbade such a practice because of its immodest nature (Hilchot Ishut 3:21).
45.
As Hilchot Ishut, ibid.::22 continues, the latter two practices were forbidden as a safeguard to lewd conduct. Our Sages feared that if women would be consecrated in this manner, the people would look at marriage and intimacy in a much baser manner.
46.
Kiddushin 12b.
47.
For an extended period of time. Needless, to say, there is no difficulty with making a short visit.
With regard to both this and the previous law, the Ra'avad writes that if the couple are given a separate room and they use their own bedspreads, there is no prohibition. TheMaggid Mishneh writes that in practice, many people follow this approach, although he does not see a source for this leniency in the Talmud. The Chelkat Mechokek 25:6 and the Beit Shmuel 25:7 quotes the Ra'avad's view.
48.
Lest this arouse undesirable thoughts [Rashi, Pesachim 51a; see Rama (Even HaEzer 23:6)].
49.
I.e., a widow or a divorcee. A woman who never married may wear her hair uncovered (Chelkat Mechokek 21:2).
50.
When stating this prohibition, Shulchan Aruch (Even HaEzer 23:1) adds: "This transgression is more severe than any of the sins in the Torah."
51.
See the commentaries to Genesis, ch. 38, which relate that this was the sin of Judah's two sons: Er and Onan. They married Tamar, but did not desire that she become pregnant. Hence they did not release their sperm within her. Their sin angered God and He caused them to die.
52.
For in essence, whenever the couple engage in intercourse, he will be releasing sperm without purpose, because she is not old enough to become pregnant. Niddah 13b states that those who marry minors hold back Mashiach's coming.
It must be emphasized that if a man does marry a minor, he is permitted to engage in relations with her [Rama (Even HaEzer23:5)]. Similarly, relations are permitted in other instances where they will not lead to pregnancy: e.g., when the woman is already pregnant, directly after birth, or she is past menopause. Since a man has conjugal duties to his wife, he is not allowed to ignore them even though she will not become pregnant.
53.
See Chapter 22, Halachah 21. See also Avot D'Rabbi Nattan 20:1 which implies that this is not merely a matter of will power and mind control. Instead, directing one's attention to the Torah awakens spiritual influences which prevent a person's attention from focusing on sexual thoughts.
54.
This analogy for the Torah is taken fromProverbs 5:19.
55.
Needless to say, it is forbidden for one to sleep on his belly.
56.
Our translation follows the authoritative manuscripts and early printings of theMishneh Torah. This also follows the text ofAvodah Zarah 20b, the Rambam's apparent source. The standard printed text of theMishneh Torah employs a slightly different version.
57.
When quoting this law, the Shulchan Aruch(Even HaEzer 21:1) clarifies that it applies even when the woman is not wearing the garments. The clothes themselves may prompt the man's imagination.
58.
For watching her body might arouse him.
59.
Even if his wife is not together with him (Beit Shmuel 23:4).
60.
See Shulchan Aruch (Orach Chayim 3:14) which grants a man permission to hold himself below the corona of his organ, for this does not stimulate him sexually.
61.
See Shabbos 118b, 53b.
62.
I.e., directly after a youth becomes thirteen (Chelkat Mechokek 1:3).
63.
I.e., having foresight with regard to one's children's sexual behavior will prevent sin. See the conclusion of Hilchot Sotah where the Rambam cites the same verse in a different - although somewhat related - context.
64.
According to Scriptural Law, a man cannot consecrate a woman until he reaches the age of thirteen and demonstrates signs of physical maturity. Hence, if a couple are married beforehand, all relations are comparable to promiscuity. See Chelkat Mechokek, loc. cit. and Beit Shmuel 1:4 who discuss certain views that maintain that it is permitted to marry beforehand.
65.
Lest he be prompted to sexual thoughts.
66.
This certainly applies before the man has fulfilled the obligation to be fruitful and multiply (i.e., he fathered a boy and a girl). Even after he has fulfilled that mitzvah, he should marry a woman capable of bearing children [Hilchot Ishut 15:7, 16; Shulchan Aruch (Even HaEzer 1:8)]. In the latter situation, however, there is room for certain leniencies.
67.
For she is not bound by the commandment of procreation.
68.
We assume that the difference in age will lead to a lack of sexual harmony and cause the man and/or woman to seek fulfillment outside of marriage.
69.
If, however, the woman was merely consecrated, the couple will not have shared familiarity and there is less grounds for suspicion, as mentioned at the conclusion of the halachah.
70.
In the Talmudic era, the custom was to build blocks of homes that opened up to a communal courtyard. Several of these courtyards would open up to a single lane. If a man and his divorcee would dwell in a single courtyard - and even in a single lane - they would meet each other on a frequent basis. In such a situation, we fear that the familiarity that they shared in the past might lead them to be intimate.
Rav Moshe HaCohen and others question the Rambam's ruling, noting that as long as the woman has not remarried, there is no prohibition against relations between the couple. They cite the standard text ofKetubot 27b which reads "A woman should not marry in his neighborhood." They maintain that the prohibition applies only when the woman remarries. She and her new husband should not dwell near her previous husband lest this lead to adultery.
The Shulchan Aruch (Even HaEzer 119:7) quotes the Rambam's wording. The Rama, however, mentions that if a woman remarries, she should not dwell in the same lane as her ex-husband even if he is not a priest.
71.
Since he is also bound by the prohibition against relations with a divorcee, there are more severe restrictions.
72.
Rather than demand payment herself. In this way, they will share less contact.
73.
For one of them should have appointed an agent so that they would avoid meeting each other.
74.
Since they never lived together, we do not fear that meeting each other will lead to intimacy.
75.
This applies if the home belongs to the husband and even if the woman also owns a home in that courtyard or the couple's home was rented (Chelkat Mechokek 119:27).Ketubot 28a explains that it is more difficult for a man to leave his home than it is for a woman.
76.
In this instance, she is not "dwelling securely," because she was informed of the temporary nature of the relationship from the outset. See Yevamot 37b which gives the example of several Sages who would marry women for brief periods of times after informing them beforehand.
See also the Chelkat Mechokek 119:1 and the Beit Shmuel 119:1 which debate whether it is proper for a man to engage in relations with his wife in such a situation. For as stated in Halachah 12, a man should not engage in relations with his wife if he intends to divorce her.
77.
Since they live apart from each other, it is possible that they will not know of the other's existence. If they visit that other locale, they may marry a relative without knowing of the family connection.
78.
For then, it will be unlikely that his descendants will intermarry unknowingly.
79.
For we fear that he will die as they did. See the Rama (Even HaEzer 9:1) who mentions certain leniencies concerning this situation.
80.
The commentaries cite the Biblical narrative concerning the marriage of Judah's sons to Tamar (Genesis, ch. 38) as proof of these laws. At the outset, Judah did not want her to marry his third son. After he had relations with her, however, he married her and continued living with her as man and wife.
81.
The term am haaretz which we translated as "unlearned" has broader implications. As indicated by the following halachah, it also has the connotation of one who is not careful in the observance of the mitzvot and whose character is unrefined and underdeveloped.
82.
Pesachim 49b.
83.
The commentaries note that Pesachim, op. cit., states "it will lead to poverty." Some resolve the differences by explaining that poverty will lead a family to strife.
84.
I.e., we can assume that his wife will return to her family and that the children will be raised according to the prevailing atmosphere in that home. From the statements of Rama (Even HaEzer 2:6), we can conclude that if an unlearned person is precise in his observance of the mitzvot, these words of caution do not apply.
Issurei Biah - Chapter Twenty Two
Halacha 1
It is forbidden to enter into privacy with any of the woman forbidden as ariot,1even if she is elderly or a young girl,2 for this leads to forbidden relations. [The only] exceptions are a woman and her son, a father and his daughter, and a husband with his wife who is in the niddah state.3
When a bridegroom's wife menstruates before he engages in relations with her, it is forbidden for him to enter into privacy with her.4 Instead, she should sleep among [other] women and he should sleep among [other] men.5 If they engaged in relations once and afterwards, she became impure, he is permitted to enter into privacy with her.
Halacha 2
Jewish men were not suspected of engaging in relations with men or with animals. Hence, there is no prohibition against entering into privacy with them.6If, however, a person distances himself from entering into privacy even with a male or an animal, it is praiseworthy. Sages of great stature would distance themselves from animals so that they would not be alone with them.7
The prohibition against entering into privacy with woman forbidden as ariothas been transmitted by the Oral Tradition.8
Halacha 3
When the incident concerning Amnon and Tamar occurred,9 David and his court decreed a prohibition against entering into privacy with an unmarried woman. Although an unmarried woman is not an ervah, such an act is considered as entering into privacy with an ervah. Shammai and Hillel decreed a prohibition against entering into privacy with gentiles.10
Thus when anyone enters into privacy with a woman, whether Jew or gentile, with whom such an act is forbidden, both the man and the woman are given stripes for rebellious conduct and an announcement is made concerning them.11 An exception is made with regard to a married woman. Although it is forbidden to enter into privacy with her, if one does enter into privacy with her, corporal punishment is not administered12 lest a rumor be initiated that she committed adultery. Thus a rumor might spread that her children aremamzerim.
Halacha 4
Whenever a man is forbidden to enter into privacy with a woman, this act is permitted if he is accompanied by his wife, for his wife will guard him [against transgression]. A Jewish woman should not enter into privacy with a gentile man even if his wife is with him. For a gentile's wife will not guard him [against transgression] and they have no shame.13
Halacha 5
Similarly, a Jewish child should not be entrusted to a gentile with the intent that he teach him to read or teach him a craft, for all gentiles are suspect to engage in homosexual relations. Similarly, we do not house an animal in an inn belonging to gentiles, not even a male in an inn with males and a female in an inn with females.14
Halacha 6
We do not entrust an animal, beast, or fowl to a gentile shepherd, not even a male animal to a male shepherd and a female animal to a female shepherd, because they are all suspect to sodomize animals. We have already explained15 that [gentiles] are forbidden to engage in homosexuality or sodomy. And [Leviticus 19:14] states: "Do not place a stumbling block before the blind."16
Halacha 7
Why do we not entrust a female animal to a female gentile? For [all gentiles] are assumed to be promiscuous and when a gentile man will come to sleep with this gentile woman, it is possible that he will not find her and instead, sodomize the animal. Or even if he does find her, he may sodomize the animal.
Halacha 8
One woman should not enter into privacy even with many men17 unless the wife of one of them is present.18 Similarly, one man should not enter into privacy even with many women,19 But when there are many women together with many men, we do not show concern for the prohibition against entering into privacy.20
If the men were outside and the women were inside or if the men were inside and the women were outside, and one woman - or one man - separated themselves and joined the group of the other sex, the prohibition against entering into privacy applies.
Even a man whose business and profession [brings him into contact] with women21 is forbidden to enter into privacy with them. What should he do? He should involve himself with them while accompanied by his wife or turn to another profession.
Halacha 9
It is permitted to enter into privacy with two yevamot, two wives of the same man, a woman and her mother-in-law, or a woman and her husband's daughter, a woman and her husband's daughter, or a woman and her mother-in-law's daughter. [The rationale is that] these women hate each other and will not conceal the other's [misdeeds].22 Similarly, it is permitted to enter into privacy with a woman who is accompanied by a young child old enough to understand what sexual relations are, but who would not engage in relations herself. [The rationale is that the woman] would not act promiscuously in the presence of this child, for she will reveal her secret.
Halacha 10
It is permitted to enter into privacy with a female child less than three years old and a male child less than nine years old. For [our Sages] only issued decrees concerning entering into privacy with a woman fit to engage in relations and a male fit to engage in relations.23
Halacha 11
Halacha 12
When a married woman's husband is in the [same] city, she need not be concerned about [the prohibition against] entering into privacy with another man, because she will be impressed by the fear of her husband.27 If a man is overly familiar with her, e.g., they grew up together or she is his relative, she should not enter into privacy with him even if her husband is in the same city.28
Halacha 13
An unmarried man should not teach young children, because the mothers come to the school because of their sons and thus he will be tempted by women.31 Similarly, a woman32 should not teach young boys, because their fathers come because of their sons and thus they will enter into privacy with her. A teacher does not have to have his wife together with him in school,33It is sufficient that she be at home, while he teaches in his place.34
Halacha 14
Our Sages ordained that women speak to each other while in a lavatory,35 so that a man will not enter there and thus be alone with them.
Halacha 15
We do not appoint even a faithful and observant person to be a guard of a courtyard where women live. [This applies] even if he stands outside, for there is no guardian against promiscuity.36
It is forbidden for a person to appoint a supervisor over his home so that he does not lead his wife to sin.37
Halacha 16
It is forbidden for a Torah scholar to dwell in a courtyard where a widow lives even though he does not enter into privacy with her lest suspicions arise38unless his wife is with him. Similarly, a widow should not raise a dog because of the suspicions that might arise. Nor should a woman purchase male servants - even minors - because of the suspicions that may arise.39
Halacha 17
We do not relate the hidden matters40 concerning forbidden sexual conduct to three students. [The rationale is that] one will be absorbed in questioning the teacher, the other two will be debating the matter back and forth and will not be free to listen. Since a person's mind is aroused by sexual matters,41if a doubt arises concerning something he heard, he may [in error] rule leniently. Therefore, we teach only to two. In this manner, the one listening will focus his attention and recall what he will hear from the teacher.
Halacha 18
There is nothing in the entire Torah that is more difficult for the majority of people to separate themselves from than sexual misconduct and forbidden relationships. Our Sages said:42 When the Jews were commanded regarding forbidden sexual relations, they wept and accepted this mitzvah with complaints and moaning, as implied by the phrase: "Crying among their families," [which is interpreted as meaning]: "Crying about family matters."
Halacha 19
Our Sages said:43 A person's soul desires and craves theft and forbidden sexual relations. You will never find a community that does not have some people who are promiscuous regarding forbidden relationships and prohibited sexual conduct. Moreover, our Sages said:44 Most people trespass with regard to theft; a minority with regard to forbidden sexual conduct, and all with regard to the shade of undesirable gossip.45
Halacha 20
Therefore it is proper for a person to subjugate his natural inclination with regard to this matter and train himself in extra holiness, pure thought, and proper character traits so that he will be guarded against them.
He should be very careful with regard to entering into privacy with a woman, for this is a great cause [of transgression]. Our great Sages would tell their students:46"Watch me because of my daughter," "Watch me because of my daughter-in-law," so that they would teach their students not to be embarrassed about such matters and distance themselves from entering into privacy with women.
Halacha 21
Similarly, a person should distance himself from levity, intoxication, and flirtation,47 for they are great precipitators and steps [leading] to forbidden relations.
A man should not live without a wife, for this practice leads to great purity.48And [our Sages gave] even greater [advice], saying:49 "A person should always turn himself and his thoughts to the words of the Torah and expand his knowledge in wisdom, for the thoughts of forbidden relations grow strong solely in a heart which is empty of wisdom." And in [Solomon's words of] wisdom [Proverbs 5:19], it is written: "It50 is a beloved hind, arousing favor. Her breasts will satisfy you at all times. You shall be obsessed with her love."
Blessed be God who grants assistance.
FOOTNOTES
1.
This prohibition also includes woman with whom relations are forbidden merely by a negative commandment (Beit Shmuel 22:1).
2.
And thus there is no apparent motivation toward sexual relations.
3.
See the Chelkat Mechokek 22:1 and the Beit Shmuel, loc. cit. which cite opinions that maintain that a man is permitted to enter into privacy with his sister in a temporary situation.
4.
Since the couple have never engaged in relations, we fear that they will not be able to control their desire. Hence we require them to take this added safeguard.
5.
See Rama (Yoreh De'ah 192:4) who discusses this issue in depth, mentioning several stringencies and leniencies. He states the prevailing custom is for a young boy to accompany the groom and a young girl to accompany the bride. Every person should check with a competent Rabbinic authority with regard to the custom followed in their community.
6.
The Shulchan Aruch (Even HaEzer 24:1) writes that homosexuality had become prevalent in his community and hence, it was deemed appropriate not to enter into privacy with other men. The Bayit Chadashstates that in places where this transgression is not widespread, there is no need for taking such precautions.
7.
See Kiddushin 81b.
8.
Kiddushin 80b states that "there is an allusion to the prohibition against entering into privacy in the Torah." The Rambam understands that to mean that the prohibition was conveyed by the Oral Tradition and our Sages found an allusion for it in the Torah. The Tur (Even HaEzer 22), however, follows the opinion of Tosafot who maintains that the prohibition is of Scriptural origin.
9.
As II Samuel, ch. 13, relates: Amonon, David's oldest son, lusted for Tamar, his half-sister. He feigned illness and asked that Tamar serve him a meal. While she was serving him, he raped her.
10.
In that era, there already were more substantial social conduct between Jews and gentiles and our Sages felt that there was a need for further safeguards.
11.
Publicizing their misconduct so that the shame will further inhibit a future recurrence.
12.
The simple meaning of the Rambam's words is that lashes are not administered at all, neither to the man or the woman. The Bayit Chadash (Even HaEzer 22), however, states that punishment should be administered to the man, for it is not necessary to mention the woman with whom he transgressed.
13.
And there is the possibility that he will engage in relations with her in the presence of his wife.
14.
For we fear that the gentiles will engage in sexual misconduct. See Halachah 7.
15.
Chapter 14, Halachah 10.
16.
As interpreted by Avodah Zarah 6b, et al, this verse is a command not to place a person in a situation where he is likely to sin. By placing an animal belonging to him in the gentile's possession, the Jew is making it possible for him to sin.
17.
For we fear that she will enter into relations with one or more of the men in the presence of the others.
The Rama (Even HaEzer 22:5) states that a woman may enter into privacy with two upright men in a city, but not in a field, and only during the day, but not at night).
18.
For in that instance, she will guard him, as stated in Halachah 4. Nor will the other woman engage in relations in her presence, for it is likely that she will publicize the matter (Kessef Mishneh).
19.
For in this instance as well, there is the possibility that they will engage in relations. The Rama (loc. cit.) gives permission for many [three (Chelkat Mechokek 22:11) women to enter into privacy with one man, provided his profession does not involve contact with women.
20.
In such a situation, it is highly unlikely that the people will engage in relations.
21.
E.g., one who sells clothes or perfumes to women.
22.
Hence the women will be frightened to engage in sexual relations, for they know the matter will become public knowledge.
23.
And this does not apply below the ages mentioned in the halachah.
24.
A person with both male and female sexual organs.
25.
For he has a sexual drive for relations with women (Beit Shmuel 22:16).
26.
A tumtum refers to a person whose genitalia are covered by a block of flesh and it cannot be determined whether he is a male or female. A male is permitted to enter into privacy with these individuals, because he does not have a sexual drive for anyone other than an actual woman (ibid.).
27.
She will fear that at any particular time, her husband will come. Hence she will never commit adultery.
28.
Because this familiarity may cause her to overstep the bounds of modesty even when her husband is in the city.
29.
The later commentaries explain that open windows are also sufficient.
30.
Since it is possible for the two to be seen by passersby, they will not transgress.
31.
This applies even in a situation where there is no question of the teacher entering into privacy with the mothers (Beit Shmuel22:21).
32.
This refers to an unmarried woman or one whose husband is out of town. Otherwise, there is no prohibition against entering into privacy (Chelkat Mechokek 22:21).
33.
To avoid the prohibition that stems from his being tempted by women.
34.
According to the Maggid Mishneh, this leniency applies even if the teacher's wife is in another city. As long as he is married, there is no prohibition. The Chelkat Mechokek 22:21 and the Beit Shmuel 22:22 differ and conclude that this leniency applies only when the man's wife lives in the same city where he teaches. If she lives in another city, it is forbidden.
35.
The Rama (Even HaEzer 22:13) states that this refers to outhouses in the fields (which was the custom in the Talmudic era), but not to outhouses in the city (which had become the custom in his time). Needless to say, it does not apply in the present age when the lavatories are in the privacy of buildings.
36.
I.e., No matter how upright the person's character, there is the possibility that frequent exposure to women will lead him to undesirable relations.
37.
We fear that if another man was placed in charge of a person's home, he would have frequent contact with the owner's wife and there is the possibility that ultimately the two will commit adultery. As Berachot 63a states: "Had Potiphar not appointed Joseph as the supervisor of his home, that incident (Potiphar's wife attempted seduction of Joseph) would never have occurred."
38.
I.e., people at large will suspect that they are sharing a relationship.
The Ra'avad differs with the Rambam's ruling, explaining that what was forbidden was to dwell with her in the same home. There are no restrictions against dwelling in the same courtyard. According to the Rambam, dwelling in the same home temporarily is permitted as long as one does not enter into privacy with her. The Maggid Mishneh supports the Rambam's interpretation.
39.
I.e., people will gossip that she is intimate with the dog or the servants. In Hilchot Avadim 9:6, the Rambam mentions this restriction only with regard to servants nine years old or above. See the notes to that halachah.
40.
Rashi (Chagigah 11b) interprets this as referring to those matters which are not explicit in the Torah.
41.
The Rambam, based on Chagigah, loc. cit., is explaining why there is a difference between the laws concerning forbidden sexual conduct and those involving other matters.
42.
Sifri, Parshat Bahaaloscha; Shabbat 130b.
43.
Makkot 23b.
44.
Bava Batra 165a.
45.
This term refers to remarks concerning a colleague that are not actually lashon hara, unfavorable gossip, but which border on that type of speech. See Hilchot De'ot, ch. 7, for a more precise discussion of this issue.
46.
See Kiddushin 82b who quotes Rabbi Tarfon and Rabbi Meir as making such statements. It continues, relating that one of his students mocked Rabbi Meir for making such statements. Shortly afterwards, it was discovered that this student committed adultery with his mother-in-law.
47.
Our translation is based on the words of Rama (Even HaEzer 25:1) and Chelkat Mechokek 25:1.
48.
While married, he will have the opportunity for ordinary male-female relationships and will not develop pent up feelings that seek expression in forbidden relations.
49.
Kiddushin 30b.
50.
The Torah. See Eruvin 54b which explains the analogy in detail.
Ma'achalot Assurot - Chapter 1
Halacha 1
It is a positive commandment to know the signs that distinguish between domesticated animals, beasts, fowl, fish, and locusts that are permitted to be eaten and those which are not permitted to be eaten,1 as [Leviticus 20:25] states: "And you shall distinguish between a kosher animal and a non-kosher one, between a non-kosher fowl and a kosher one." And [Leviticus 11:47] states: "To distinguish between the kosher and the non-kosher, between a beast which may be eaten and one which may not be eaten."
Halacha 2
The signs of a [kosher] domesticated animal and beast are explicitly mentioned in the Torah.2 There are two signs: a split hoof and chewing the cud. Both are necessary.
Any domesticated animal and beast that chews the cud does not have teeth on its upper jaw-bone. Every animal that chews the cud has split hoofs except a camel.3 Every animal that has split hoofs chews the cud except a pig.
Halacha 3
Therefore if a person finds an animal whose hoofs are cut off in the desert and he cannot identify its species, he should check its mouth. If it does not have teeth on its upper jaw, it can be identified as kosher, provided one can recognize a camel.4 If a person finds an animal whose mouth is cut off, he should check its hooves, if they are split, it is kosher, provided he can recognize a pig.5
When both its mouth and its hoofs are cut off, he should inspect the end of its tail after he slaughters it.6 If he discovers that [the strings of] its meat extend both lengthwise and widthwise,7 it is kosher, provided he can recognize a wild donkey. For [the strings of] its meat also extend both lengthwise and widthwise.8
Halacha 4
When a kosher animal gives birth to an offspring resembling a non-kosher animal, it is permitted to be eaten even though it does not have split hoofs or chew the cud, but instead, resembles a horse or a donkey in all matters.9
When does the above apply? When he sees it give birth. If, however, he left a pregnant cow in his herd and found an animal resembling a pig dependent on it, the matter is doubtful and [the young animal] is forbidden to be eaten. [This applies] even if it nurses from [the cow], for perhaps it was born from a non-kosher species, but became dependent on the kosher animal.10
Halacha 5
When a non-kosher animal gives birth to an offspring resembling a kosher animal, it is forbidden to be eaten. [This applies] even if it has split hoofs and chews its cud and resembles an ox or a sheep in all matters. [The rationale is that offspring] produced by a non-kosher animal are not kosher11 and those produced by a kosher animal are kosher.
For this reason, a non-kosher fish found in the belly of a kosher fish is forbidden, and a kosher fish found in the belly of a non-kosher fish is permitted, for they did not produce the fish, but instead, swallowed it.
Halacha 6
When a kosher animal gives birth to an offspring that has two backs and two backbones12 or such a creature is discovered within [an animal that was slaughtered], it is forbidden to be eaten. This is what is meant by the termhashisuah which is forbidden by the Torah, as [Deuteronomy 14:7] states: "These may not be eaten from those which chew the cud and have split hoofs, the shisuah...", i.e., an animal that was born divided into two animals.
Halacha 7
Similarly, when [a fetus] resembling a fowl is found within a [slaughtered] animal, it is forbidden to be eaten. [This applies] even if it resembles a kosher fowl. [For when a fetus] is discovered in an animal, only one which has a hoof is permitted.13
Halacha 8
There are no other domesticated animals or wild beasts in the world that are permitted to be eaten except the ten species mentioned in the Torah. They are three types of domesticated animals: an ox, a sheep, and a goat, and seven types of wild beasts: a gazelle,14a deer, an antelope, an ibex, a chamois, a bison, and a giraffe. [This includes the species] itself and its subspecies, e.g., the wild ox and the buffalo are subspecies of the ox.15
All of these ten species and their subspecies chew the cud and have split hoofs. Therefore, a person who recognizes these species need not check neither their mouths16 and not their feet.
Halacha 9
Although all these species are permitted to be eaten, we must make a distinction between a kosher domesticated animal and a kosher wild beast. For the fat of a wild beast is permitted to be eaten and its blood must be covered.17 With regard to a kosher domesticated animal, by contrast, one is liable for kerais for partaking of its fat18 and its blood need not be covered.
Halacha 10
According to the Oral Tradition, these are the distinguishing signs of a [kosher] wild beast: Any species that has split hoofs, chews its cud, and has horns which branch off like those of a gazelle are certainly kosher wild beasts. [The following laws apply with regard to] all those whose horns do not branch off: If they are curved, like the horns of an ox, notched, like the horns of a goat, but the notch should be embedded within them, and spiraled, like the horns of a goat,19 it is a kosher wild beast. Its horns, however, must have these three signs: They must be curved, notched, and spiraled.
Halacha 11
When does the above apply? With regard to a species that he does not recognize. [Different rules apply with regard to] the seven species mentioned in the Torah. If he recognizes this species, he may partake of its fat and is obligated to cover its blood, even one does not find any horns on it at all.
Halacha 12
A wild ox is a species of domesticated animal.20 A unicorn21 is considered a wild beast even though it has only one horn.22
Whenever we have a doubt whether an animal is a domesticated animal or a wild beast, its fat is forbidden, but lashes are not given for partaking of it, and we must cover its blood.23
Halacha 13
Halacha 14
The distinguishing signs of a kosher [species of] fowl are not mentioned explicitly by the Torah. Instead, the Torah mentions26 only the non-kosher species. The remainder of the species of fowl are kosher. There are 24 forbidden species. They are:
a) the eagle,27
b) the ossifrage,
c) the osprey;
d) the kite, this is identical with the rayah mentioned in Deuteronomy,
e) the vulture, this is identical with the dayahmentioned in Deuteronomy,
f) members of the vulture family; for the Torah states "according to its family," implying that two species [are forbidden],
g) the raven,
|
h) the starling;28 since the Torah states "according to its family" with regard to the raven, the starling is included,
i) the ostrich,
j) the owl,
k) the gull,
l) the hawk,
m) the gosshawk, for this is among the hawk family; and the verse says "according to its family,"
n) the falcon,
|
o) the cormorant,
p) the ibis,
q) the swan,
r) the pelican,
s) the magpie,
t) the stork,
u) the heron,
v) members of the heron family; for the Torah states "according to its family,"
w) the hoopie, and
x) the bat.
|
Halacha 15
Whoever is knowledgeable with regard to these species29 and their names30may partake of any fowl from other species.31 A kosher species of fowl may be eaten based on tradition, i.e., that it is accepted simply in that place that the species of fowl is kosher.32 A hunter's word is accepted if he says: "The hunter who taught me told me33 that this fowl is permitted," provided that [teacher] has an established reputation as being knowledgeable with regard to these species and their names.
Halacha 16
Whoever does not recognize these species and does not know their names must check according to the following signs given by our Sages: Any fowl that attacks with its claws34 and eats is known to be among these species and is unkosher. If [a fowl] does not attack with its claws and eat, it is kosher if it possesses one of the following signs: a) it has an extra claw,35 b) a crop;36this is also referred to as a mur'ah, c) [the membrane of] its craw37 can be peeled by hand.38
Halacha 17
[The rationale is that] there are none of the forbidden species that do not attack with its claws and eat and possesses one of these three signs with the exception of the ossifrage and the osprey. And the ossifrage and the osprey are not found in settled areas, but rather in the deserts of the distant islands that are very far removed to the extent that are located at the ends of the settled portions of the world.
Halacha 18
If its craw can be peeled with a knife, but cannot be peeled by hand and it does not possess any other sign even though it is not a bird of prey, there is an unresolved doubt regarding the matter.39 If the membrane was firm and tightly attached, but [the craw] was left in the sun and it became looser [to the extent that] it could be peeled by hand, [the species] is permitted.
Halacha 19
The Geonim said that they have an existing tradition that one should not rule to permit a fowl that possesses only one of these signs unless that sign is that its craw can be peeled by hand. If, however, it cannot be peeled by hand, it was never permitted [to be eaten] even if it possesses a crop or an extra claw.
Halacha 20
Whenever a bird divides its claws when a line is extended for it,40placing two on one side and two on the other or it seizes an object in the air and eats while in the air, it is a bird of prey41 and non-kosher. Any species that lives together with non-kosher species and resembles them, is itself non-kosher.42
Halacha 21
There are eight species of locusts which the Torah permitted:
a) a white locust,43 b) a member of the white locust family,44 the razbenit, c) the spotted grey locust, d) a member of the spotted grey locust family, theartzubiya, e) the red locust, d) a member of the red locust family, the bird of the vineyards, f) the yellow locust, g) a member of the yellow locust family, theyochanah of Jerusalem.
Halacha 22
Whoever is knowledgeable with regard to these species and their names may partake of them. A hunter's word is accepted as [stated with regard] to a fowl.45 A person who is not familiar with them should check their identifying signs. [The kosher species] have three signs. Whenever a species has four legs, four wings that cover the majority of the length and the majority of the width of its body, and it has two longer legs to hop, it is a kosher species.46Even if its head is elongated and it has a tail, if it is referred to as a locust, it is a kosher species.47
Halacha 23
When [a locust] does not have wings or extended legs at present, or its wings do not cover the majority [of its body], but it will grow them later when it grows larger, it is permitted [to be eaten] at present.
Halacha 24
There are two signs of [kosher] fish: fins and scales. Fins are used by the fish to swim and scales are those which cling48 to its entire body. Any fish that possesses scales will have fins.49 If it does not have them at present, but when it grows, it will have them or if it has scales while in the sea, but when it emerges it sheds its scales,50 it is permitted.
When a fish does not have scales that cover its entire body, it is permitted. Even if it has only one fin and one scale,51 it is permitted.
FOOTNOTES
1.
The Rambam includes these four among the Torah's 613 mitzvot in his Sefer HaMitzvot(positive commandments 149-152). The Ra'avad (in his hasagot to the listing of the mitzvot at the beginning of the Mishneh Torah) and the Ramban (in his hasagot to general principle 6 in Sefer HaMitzvot) differ and maintain that they should not be counted as mitzvot. According to their view, the mitzvot involve the observance of the prohibitions, but there is no positive act involved that could be considered as the observance of a commandment. [The Sefer HaChinuch (mitzvot 153, 470, 158, and 155) mentions these mitzvot, but explains that he personally subscribes to the opinion of the Ramban that they should br not included among the 613 mitzvot.]
In his Sefer HaMitzvot, the Rambam explains his position. Leviticus 11:2 states: "This is the living creature that you may eat...." The Sifri commenting on that verse describes it as a positive commandment. Now there is no positive commandment to eat kosher meat. The commandment is to know which species are kosher and to make a distinction between them and those which are not kosher meat as implied by the verse the Rambam cites here: "And you shall distinguish...." For it is only in this way, that one will be able to eat kosher meat. See also the gloss of the Maggid Mishneh. And see Chapter 2, Halachah 1, where the Rambam explains how he derives the idea that both a positve mitzvah and a negative mitzvah are involved.
3.
The Ra'avad questions why the Rambam does not mention a rabbit or a hare. The Torah specifically mentions that they chew their cud. The Maggid Mishneh explains that the Rambam does not mention them because they have teeth on their upper jaw.
The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 79:1) also mention that a camel has two teethlike growths on its upper jaw, but they do not in any way resemble teeth.
The Maggid Mishneh explains that the Rambam's intent is that any kosher domesticated animal or wild beast that chews its cud will not have teeth on its upper jaw and every such animal will have a split hoof.
4.
I.e., if one sees that the domesticated animal is not a camel, one can assume that it is kosher, for a camel is the only non-kosher animal without teeth on its upper jaw.
5.
For a pig is the only non-kosher animal with split hooves.
6.
For before slaughtering it, such an inspection would be painful for the animal.
7.
Our translation is based on the commentary of the Meiri to Chullin 59a. Rashi interprets that passage slightly differently and his opinion is cited by the Shulchan Aruch(Yoreh De'ah79:1).
8.
The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 79:1) mention another sign for a kosher animal: horns.
9.
As indicated by the Rambam's statements in the following halachah, the matter is dependent on the species and not the presence of distinguishing signs in and of themselves.
10.
The Ra'avad qualifies the Rambam's ruling, stating that it applies only when the person possesses a non-kosher animal in his herd. If that is not the case, we do not suspect that a non-kosher newborn came from elsewhere. The Maggid Mishneh and theSiftei Cohen 79:6 do not accept this addition.
11.
See also the beginning of ch. 3.
12.
I.e., a calf born with a Siamese twin.
13.
The hoof, however, need not be split as indicated by Halachah 4. See also Rama (Yoreh De'ah 13:5) and Siftei Cohen 13:20 who rule more leniently.
14.
The translation of the names of these seven species is a matter of debate among both Torah commentaries and zoologists. Our translation is taken from Rabbi Aryeh Kaplan's Living Torah. Consult the notes there for a detailed discussion of the matter. See also Shulchan Aruch (Yoreh De'ah 80:3; Rama (Yoreh De'ah 28:4 who discuss these issues. In practice, we partake of the meat of an animal only when there is an established tradition that it is permitted (Siftei Cohen 80:1).
15.
The Maggid Mishneh and others interpret t'oas referring to a wild ox.
16.
To see whether or not they have teeth on their upper jaw, as stated in Halachah 3.
17.
As stated in Hilchot Shechitah, ch. 14.
18.
See Chapter 7.
19.
See the Rambam's Commentary to the Mishnah (Chullin 3:6) for a definition of these terms. The Ra'avad, the Rashba, and Rashi offer slightly different definitions for these terms.
20.
Although it is not domesticated and lives like a wild beast, it is still placed in this category.
21.
This was not a mythical beast, but a species of antelope known to exist during the Talmudic period (Chullin 59b).
22.
And all other kosher wild beasts have two.
23.
I.e., we accept the stringencies resulting from both positions. The Turei Zahav 80:3 adds that since we are not certain that this is required, we do not cover its blood on a festival. Similarly, the Siftei Cohen 80:4 states that a blessing is not recited before covering its blood.
24.
See also Hilchot Nazirut 2:10-11 which states that in certain ways it is like a domesticated animal (its fat is forbidden). In others, it is like a wild beast (its blood must be covered). Still in others it is like neither a domesticated animal or a wild beast (for it is considered as a mixed species with either of them) and in others (that it must be slaughtered), it resembles both.
25.
I.e., even if they are mated, they will not produce offspring.
26.
Leviticus 11:13-19; Deuteronomy 14:12-18.
27.
In this instance as well, the translation of the names of these species is a matter of debate among both Torah commentaries and zoologists. Our translation is taken from Rabbi Aryeh Kaplan's Living Torah. Consult the notes there for a detailed discussion of the matter. In practice, we only partake of those species of fowl concerning which we have an established tradition that they are acceptable.
28.
See the Kessef Mishneh and others who state that there is a difference of opinion whether this species is acceptable or not.
29.
As mentioned, there is a difference of opinion regarding the species associated with these names and there are few if any individuals who can claim the desired level of familiarity (see Siftei Cohen 82:1).
30.
As indicated by Chapter 3, Halachah 18, the knowledge of the names of the species is important. Otherwise, the hunter's word is not accepted.
31.
For these are the only ones forbidden by the Torah.
32.
If there is such a tradition, there is no necessity to check the signs mentioned in the following halachah.
33.
Chullin 63b states that this refers to a person who taught hunting and not a teacher of Torah, for it is possible that the Torah teacher will not be able to actually identify the species. Nevertheless, if a Rabbinical authority testifies that he has received the tradition that a species is acceptable, we follow his ruling (Siftei Cohen, loc. cit.).
34.
In his Commentary to the Mishnah (Chullin3:6), the Rambam defines this as meaning "place its claws on the object that it desires to eat and eats it."
35.
I.e., a claw that is positioned higher and behind the fowl's row of claws (Rashi, Chulin62a). Although most species of fowl possess such a claw, it is called "extra," because it is not positioned in the row of claws. Alternatively, the Hebrew termyeterah can be translated not as "extra," but as "larger," i.e., a claw that is larger than the others (Rabbenu Nissim).
36.
An organ which parallels a human's stomach.
37.
An extra muscular stomach that exists in fowl.
We are speaking about the inner membrane (Rambam's Commentary to the Mishnah,Chulin 3:6). See Chatam Sofer, Yoreh De'ah, Responsum 50.
38.
Although the Shulchan Aruch (Yoreh De'ah82:2) quotes the Rambam's words, it concludes: "Even though a fowl possesses these three signs, it should not be eaten, because we suspect that it might be a bird of prey unless they have a tradition given to them by their ancestors that this species is kosher." Similarly, the Rama (Yoreh De'ah82:3) states: "One should not partake of any fowl unless there is a received tradition that it is kosher. This is the accepted custom. One should not deviate from it." Thus even if a species of fowl possesses these three signs, we do not partake of it.
39.
And we do not permit it.
40.
I.e., it stands on a rope or a pole extended for it by gripping the rope or pole with its claws (the Rambam's Commentary to the Mishnah, Chulin 3:6).
41.
For these actions indicate that it uses its claws to attack other animals.
42.
Chulin 65a states that only species that are themselves impure will dwell together with impure species.
43.
In this instance as well, the translation of the names of these species is a matter of debate among both Torah commentaries and zoologists. Our translation is taken from Rabbi Aryeh Kaplan's Living Torah. Consult the notes there for a detailed discussion of the matter. In practice, it is common in most communities not to partake of any species of locusts (Turei Zahav 85:1). In the Yemenite community, however, there are certain species of locusts which are eaten.
44.
The Torah mentions four names of locust species and in connection with each states "according to its family," indicating that a sub-species is also permitted.
45.
Halachah 15.
46.
Chulin 66a speaks of four identifying signs for a kosher locust: a) four wings, 2 long legs, four legs, and the fact that its wings cover the majority of its body..
47.
Note the Rambam's Commentary to the Mishneh (Chullin81, the conclusion of ch. 3) which states that the factor of fundamental importance is that the specis be referred to as a locust. See Shulchan Aruch (Yoreh De'ah 85a).
48.
The Maggid Mishneh explains that this term implies that the scales are not an integral part of the fish but can be separated from its body either by hand or with a utensil. If they cannot be separated from the fish, the fish is not kosher [Rama (Yoreh De'ah 83:1)].
49.
Thus if one finds scales on a piece of fish, there is no need to check whether it possessed fins (the Shulchan Aruch (Yoreh De'ah 83:3).
Chulin 66b asks: If so, why did the Torah mention fins and answers that this magnifies and amplifies the Torah.
50.
There are several species of kosher fish which shed their scales in this manner.
51.
The Tur and Rama (loc. cit.) quote the view of certain Rishonim who maintain that in such an instance, the scale must be located under its gills, fins, or tail.
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Hayom Yom:
• English Text | Video Class• "Today's Day" • Shabbat, Adar I 11, 5776 · 20 February 2016
Tuesday 11 Adar I 5703
Torah lessons: Chumash: Tetzaveh, Shlishi with Rashi.
Tehillim: 60-65.
Tanya: Compare the (p. 125)...the man himself. (p. 125).
The following is well-known and is a tradition, regarding the kavanot (mystical "intentions") in davening: For those intellectually incapable of meditating on those kavanot (either because they lack knowledge, or because they cannot remember the specifickavanot during prayer) it is sufficient that they keep one general kavana in mind: That his prayer be heard by G-d, with all thekavanot described in the Kabala literature.---------------------
Hayom Yom:
• English Text | Video Class• "Today's Day" • Shabbat, Adar I 11, 5776 · 20 February 2016
Tuesday 11 Adar I 5703
Torah lessons: Chumash: Tetzaveh, Shlishi with Rashi.
Tehillim: 60-65.
Tanya: Compare the (p. 125)...the man himself. (p. 125).
The following is well-known and is a tradition, regarding the kavanot (mystical "intentions") in davening: For those intellectually incapable of meditating on those kavanot (either because they lack knowledge, or because they cannot remember the specifickavanot during prayer) it is sufficient that they keep one general kavana in mind: That his prayer be heard by G-d, with all thekavanot described in the Kabala literature.---------------------
• Daily Thought:
Galut
It is not so much that we need to be taken out of exile. That, a Moses can do.
It is that the exile must be taken out of us. For that, each one must find Moses within.
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CHABAD - TODAY IN JUDAISM: Monday, February 15, 2016 - Today is: Monday, Adar I 6, 5776 · February 15, 2016 -
Rabbi Shmaryahu Gurary ("Rashag") was born in 1898; his father, a wealthy businessman and erudite scholar, was a leading chassid of the fifth Lubavitcher Rebbe, Rabbi Sholom DovBerSchneersohn (1860-1920). In 1921, Rabbi Shmaryahu wed Chanah Schneersohn (1899-1991) the oldest daughter of the 6th Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn (1880-1950). When Rabbi Yosef Yitzchak passed away in 1950, there were those who saw Rabbi Shmaryahu -- an accomplished Chassidic scholar and elder of the Rebbe's two surviving sons-in-law -- as the natural candidate to head of the movement; but when the younger son-in-law,Rabbi Menachem Mendel, was chosen as rebbe, Rabbi Shmaryahu became his devoted chassid. Rabbi Shmaryahu served as the excutive director of Tomchei Temimim, the world-wide Lubavitch yeshiva system -- a task entrusted to him by his father-in-law -- until his passing on the 6th of Adar I in 1989.
Daily Quote:
There are times when G‑d hides His face. But then there are times when G‑d hides His face and we don't even realize that His face is hidden; we dwell in darkness, and think it is light. This is a double galut, a concealment within a concealment.[Rabbi Israel Baal Shem Tov]
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 2nd Portion Exodus 28:13-28:30 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 28
13You shall make settings of gold, יגוְעָשִׂ֥יתָ מִשְׁבְּצֹ֖ת זָהָֽב:
You shall make settings: The minimum of settings is two. In this chapter, [the Torah] explains only part of what they [the settings] were needed for. In the chapter of the choshen, their explanation is completed for you. ועשית משבצות: מיעוט משבצות שתים, ולא פירש לך עתה בפרשה זו אלא מקצת צרכן, ובפרשת החושן גומר לך פירושן:
14and two chains of pure gold you will make them attached to the edges, after the manner of cables, and you will place the cable chains upon the settings. ידוּשְׁתֵּ֤י שַׁרְשְׁרֹת֙ זָהָ֣ב טָה֔וֹר מִגְבָּלֹ֛ת תַּֽעֲשֶׂ֥ה אֹתָ֖ם מַֽעֲשֵׂ֣ה עֲבֹ֑ת וְנָֽתַתָּ֛ה אֶת־שַׁרְשְׁרֹ֥ת הָֽעֲבֹתֹ֖ת עַל־הַמִּשְׁבְּצֹֽת:
chains: Heb. שַׁרְשְׁרֹת, [chains, equivalent to the Mishnaic], שַׁלְשְׁלָאוֹת. שרשרת זהב: שלשלאות:
attached to the edges: Heb. מִגְבָּלֹת. At the end of the edge (גְּבוּל) of the choshen, you shall make them. מגבלות: לסוף גבול החשן תעשה אותם:
after the manner of cables: In the style of braiding strands, not made with holes and links like those produced for cisterns, but like those made for censers, which are called enzenseyrs [in Old French]. מעשה עבות: מעשה קליעת חוטין, ולא מעשה נקבים וכפלים, כאותן שעושין לבורות, אלא כאותן שעושין לערדסקאות, שקורין אינצינשייר"ש בלעז [כלי קטורת]:
and you will place the… chains: of cables, made in the style of cables, on these two settings. This is not the place [i.e., the section] of the command for the making of the chains, nor the command for fastening them. The word ךְתַּעִשֶׂה stated here is not an imperative expression, and [the word] וְנָתַךְתָּה stated here is [also] not an imperative expression, rather [they are only] in the future tense. [This is so] because in the chapter of the choshen He commands them again concerning making them [the chains] and fastening them. It was written here only to let you know part of the need for the settings, which He commanded [you] to make with the ephod. He wrote this [here] for you, to inform you that you will need these settings so that when you make chains at the edge of the choshen, you will place them on these settings. ונתתה את שרשרות: של עבותות העשויות מעשה עבות על המשבצות הללו. ולא זה הוא מקום צוואת עשייתן של שרשרות, ולא צוואת קביעתן, ואין תעשה האמור כאן לשון צווי, ואין ונתתה האמור כאן לשון צווי, אלא לשון עתיד, כי בפרשת החשן חוזר ומצוה על עשייתן ועל קביעתן, ולא נכתב כאן אלא להודיע מקצת צורך המשבצות שצוה לעשות עם האפוד, וכתב לך זאת לומר לך המשבצות הללו יוזקקו לך לכשתעשה שרשרות מגבלות על החשן, תתנם על המשבצות הללו:
15You shall make a choshen of judgment, the work of a master weaver. You shall make it like the work of the ephod; of gold, blue, purple, and crimson wool, and twisted fine linen shall you make it. טווְעָשִׂ֜יתָ ח֤שֶׁן מִשְׁפָּט֙ מַֽעֲשֵׂ֣ה חשֵׁ֔ב כְּמַֽעֲשֵׂ֥ה אֵפֹ֖ד תַּֽעֲשֶׂ֑נּוּ זָ֠הָ֠ב תְּכֵ֨לֶת וְאַרְגָּמָ֜ן וְתוֹלַ֧עַת שָׁנִ֛י וְשֵׁ֥שׁ מָשְׁזָ֖ר תַּֽעֲשֶׂ֥ה אֹתֽוֹ:
a choshen of judgment: which atones for the perversion of justice (Zev. 88b). Another interpretation: [The choshen is referred to as] judgment because it clarifies its words [see Rashi on verse 30], and its promise comes true, dere(s)nement in Old French, [meaning] a clear statement. For [the word] מִשְׁפָּט has three usages: 1) the words of the pleas of the litigants, 2) the verdict, and 3) the punishment of the judgment, whether the punishment of death, the punishment of lashes, or the punishment of monetary payment. But this one [use of the word מִֹשְפָט] serves as an expression of the clarification of words, [meaning] that it explains and clarifies its words. חשן משפט: שמכפר על קלקול הדין. דבר אחר משפט, שמברר דבריו והבטחתו אמת, דיריישנימינ"ט בלעז [הוכחה] שהמשפט משמש שלש לשונות דברי טענות הבעלי דינים, וגמר הדין, ועונש הדין, אם עונש מיתה, אם עונש מכות, אם עונש ממון, וזה משמש לשון בירור דברים, שמפרש ומברר דבריו:
like the work of the ephod: The work of a master weaver and of five kinds [of material]. כמעשה אפוד: מעשה חושב ומחמשת מינין:
16It shall be square [and] doubled; its length one span and its width one span. טזרָב֥וּעַ יִֽהְיֶ֖ה כָּפ֑וּל זֶ֥רֶת אָרְכּ֖וֹ וְזֶ֥רֶת רָחְבּֽוֹ:
its length one span and its width one span: [It was] doubled, and [it was] suspended before him [the Kohen Gadol] against his heart, as it is said: “so that they will be over Aaron’s heart” (verse 30), suspended on the shoulder straps of the ephod, which come from behind him [the Kohen Gadol] over his shoulders and are folded over, descending somewhat in front of him. The choshen was suspended on them [the shoulder straps] by the chains and the rings, as is explained in the [section discussing the] matter [below, verses 22-29]. זרת ארכו וזרת רחבו: כפול ומוטל לו לפניו כנגד לבו, שנאמר (פסוק ל) והיו על לב אהרן, תלוי בכתפות האפוד, הבאות מאחוריו על כתפיו ונקפלות ויורדות לפניו מעט, והחשן תלוי בהן בשרשרות וטבעות, כמו שמפורש בענין:
17And you shall fill into it stone fillings, four rows of stones. One row: odem, pitdah, and bareketh; thus shall the one row be. יזוּמִלֵּאתָ֥ בוֹ֙ מִלֻּ֣אַת אֶ֔בֶן אַרְבָּעָ֖ה טוּרִ֣ים אָ֑בֶן ט֗וּר אֹ֤דֶם פִּטְדָה֙ וּבָרֶ֔קֶת הַטּ֖וּר הָֽאֶחָֽד:
And you shall fill into it: Since the stones fill the holes of the settings, which are prepared for them, [the Torah] calls them by an expression of filling. ומלאת בו: על שם שהאבנים ממלאות גומות המשבצות המתוקנות להן, קורא אותן בלשון מלואים:
18The second row: nofech, sappir, and yahalom. יחוְהַטּ֖וּר הַשֵּׁנִ֑י נֹ֥פֶךְ סַפִּ֖יר וְיָֽהֲלֹֽם:
19The third row: leshem, shevo, and achlamah. יטוְהַטּ֖וּר הַשְּׁלִישִׁ֑י לֶ֥שֶׁם שְׁב֖וֹ וְאַחְלָֽמָה:
20And the fourth row: tarshish, shoham, and yashpheh; they shall be set in gold in their fillings. כוְהַטּוּר֙ הָֽרְבִיעִ֔י תַּרְשִׁ֥ישׁ וְשֹׁ֖הַם וְיָֽשְׁפֵ֑ה מְשֻׁבָּצִ֥ים זָהָ֛ב יִֽהְי֖וּ בְּמִלּֽוּאֹתָֽם:
set in gold: The rows shall be [set in gold] in their fillings, encircled by settings of gold in the depth. According to the measure of the fullness of the thickness of the stone shall be the depth of the settings, no less and no more. משבצים זהב: יהיו הטורים במלואותם, מוקפים משבצות זהב בעומק שיעור שיתמלא בעובי האבן, זהו לשון במלואותם, כשיעור מלוי עביין של אבנים יהיה עומק המשבצות לא פחות ולא יותר:
21And the stones shall be for the names of the sons of Israel twelve, corresponding to their names; [similar to] the engravings of a seal, every one according to his name shall they be, for the twelve tribes. כאוְ֠הָֽאֲבָנִ֠ים תִּֽהְיֶ֜יןָ עַל־שְׁמֹ֧ת בְּנֵֽי־יִשְׂרָאֵ֛ל שְׁתֵּ֥ים עֶשְׂרֵ֖ה עַל־שְׁמֹתָ֑ם פִּתּוּחֵ֤י חוֹתָם֙ אִ֣ישׁ עַל־שְׁמ֔וֹ תִּֽהְיֶ֕יןָ לִשְׁנֵ֥י עָשָׂ֖ר שָֽׁבֶט:
every one according to his name: According to the order of their [the progenitors of the tribes] births shall be the order of the stones, odem for Reuben, pitdah for Simeon, and similarly for all of them. איש על שמו: כסדר תולדותם סדר האבנים, אודם לראובן, פטדה לשמעון, וכן כלם:
22You shall make for the choshen chains at the edges, of cable work, of pure gold. כבוְעָשִׂ֧יתָ עַל־הַח֛שֶׁן שַׁרְשֹׁ֥ת גַּבְלֻ֖ת מַֽעֲשֵׂ֣ה עֲבֹ֑ת זָהָ֖ב טָהֽוֹר:
for the choshen: Heb. עַל-הַחשֶׁן, for the choshen, to fasten them with its rings, as is explained below in the [section devoted to this] topic [below, verses 23-28]. על החשן: בשביל החשן, לקבעם בטבעותיו, כמו שמפורש למטה בענין:
chains: Heb. שַׁרְשֹׁת, a word related to [the word for] the roots (שָׁרְשֵׁי) of a tree, which are held to the tree, so it is held and inserted into the earth. These [chains] would also hold the choshen, for with them it [the choshen] would be suspended on the ephod. They are the two chains mentioned above (verse 14) in the [section devoted to the] topic of the settings. Menachem ben Saruk interpreted שַׁרְשְׁרֹת (verse 14) as well as an expression of roots (שָׁרָשִׁים). He said that the [second] “reish” (ר) is superfluous like the “mem” (מ) in שִׁלְשׁוֹם, [meaning] the day before yesterday (Exod. 5:8, 21:32, 36) [the word being derived from שָׁלשׁ, three], and the “mem” in רֵיקָם, empty (Gen. 31:42) [usually רֵיק, without the mem, is used] (Machbereth Menachem, p. 182). I do not agree with his statement, however, but [I hold that], שַׁרְשֶׁרֶת in Hebrew [of the Torah] is like שַׁלְשֶׁלֶת in the language of the Mishnah (Kelim 14:3). שרשת: לשון שרשי אילן המאחיזין לאילן להאחז ולהתקע בארץ, אף אלו יהיו מאחיזין לחשן, שבהם יהיה תלוי באפוד, והן שתי שרשרות האמורות למעלה (פסוק יד) בענין המשבצות. ואף שרשרות פתר מנחם בן סרוק לשון שרשים, ואמר שהרי"ש יתירה, כמו מ"ם שבשלשום, ומ"ם שבריקם. ואיני רואה את דבריו, אלא שרשרת בלשון עברית, כשלשלת בלשון משנה:
at the edges: Heb. גַּבְלֻת This is מִגְבָּלֹת mentioned above (verse 14), [signifying] that you shall insert them into the rings that will be on the edge (גְּבוּל) of the choshen. Every [instance of] גְּבוּל is an expression denoting an end, as(s) omayl in Old French, end, limit. גבלת: הוא מגבלות האמור למעלה (פסוק יד) שתתקעם בטבעות, שיהיו בגבול החשן, וכל גבול לשון קצה, אשומיי"ל בלעז [גבול]:
of cable work: Plaited. מעשה עבות: מעשה קליעה:
23You shall make for the choshen two golden rings, and you shall place the two rings on the two ends of the choshen, כגוְעָשִׂ֨יתָ֙ עַל־הַח֔שֶׁן שְׁתֵּ֖י טַבְּע֣וֹת זָהָ֑ב וְנָֽתַתָּ֗ אֶת־שְׁתֵּי֙ הַטַּבָּע֔וֹת עַל־שְׁנֵ֖י קְצ֥וֹת הַחֽשֶׁן:
for the choshen: Heb. עַל-הַחשֶׁן. For the choshen, in order to affix them onto it. It is, however, impossible to say that they [the two golden rings] shall be made on it [the choshen] from the outset, for if so, what is [the meaning of] what [the text] repeats and says, “and you shall place the two rings” ? Are they not already placed on it? At the beginning of the verse, Scripture should have written, “And you shall make on the ends of the choshen two golden rings.” Also, regarding the chains, you must interpret [the text] in this manner. על החשן: לצורך החושן, כדי לקבעם בו. ולא יתכן לומר שתהא תחלת עשייתן עליו, שאם כן מה הוא שחוזר ואומר ונתת את שתי הטבעות, והלא כבר נתונים בו, היה לו לכתוב בתחלת המקרא ועשית על קצות החשן שתי הטבעות זהב, ואף בשרשרות צריך אתה לפתור כן:
on the two ends of the choshen: On the two corners opposite the neck, on the right and on the left, which are opposite the shoulder straps of the ephod. על שני קצות החשן: לשתי פאות שכנגד הצואר, לימנית ולשמאלית הבאים מול כתפות האפוד:
24and you shall place the two golden cables on the two rings, at the ends of the choshen. כדוְנָֽתַתָּ֗ה אֶת־שְׁתֵּי֙ עֲבֹתֹ֣ת הַזָּהָ֔ב עַל־שְׁתֵּ֖י הַטַּבָּעֹ֑ת אֶל־קְצ֖וֹת הַחֽשֶׁן:
and you shall place the two golden cables: They are the chains for the edges, mentioned above (verse 22). [The Torah] did not delineate [there] where they were to be affixed on the choshen. Now it explains to you that they should be inserted into the rings. You should know that they are indeed [referring to] the first ones, for in the parsha of אֵלֶה פְּקוּדֵי [i.e., inExod. 39:15-19, where the Torah relates how the choshen was made], they were not doubled. ונתתה את שתי עבתת הזהב: הן הן שרשרות גבלות הכתובות למעלה (פסוק כב) ולא פירש מקום קבוען בחשן, עכשיו מפרש לך שיהא תוחב אותן בטבעות, ותדע לך שהן הן הראשונות, שהרי בפרשת אלה פקודי לא הוכפלו:
25And the two ends of the two cables you shall place upon the two settings, and [these] you shall place upon the shoulder straps of the ephod, on its front part. כהוְאֵ֨ת שְׁתֵּ֤י קְצוֹת֙ שְׁתֵּ֣י הָֽעֲבֹתֹ֔ת תִּתֵּ֖ן עַל־שְׁתֵּ֣י הַמִּשְׁבְּצ֑וֹת וְנָֽתַתָּ֛ה עַל־כִּתְפ֥וֹת הָֽאֵפֹ֖ד אֶל־מ֥וּל פָּנָֽיו:
And the two ends: of the two cables, i.e., the two ends of each one. ואת שתי קצות: של שתי העבותות שני ראשיהם של כל אחת:
you shall place upon the two settings: They are the ones mentioned above, between the section dealing with the choshen and the section dealing with the ephod (verses 13 and 14), but [the Torah] did not explain their necessity or their place. Now it [the Torah] explains that he should insert into them the ends of the chains which are inserted into the rings of the choshen on the right and on the left beside the neck. The two ends of the right chain he inserts into the right setting, and similarly with the left one, the two ends of the left chain. תתן על שתי המשבצות: הן הכתובות למעלה (פסוק יד) בין פרשת החשן ופרשת האפוד, ולא פירש את צרכן ואת מקומן, עכשיו מפרש שיתקע בהן ראשי העבותות התחובות בטבעות [בראשי] החשן לימין ולשמאל אצל הצואר, שני ראשי השרשרת הימנית תוקע במשבצות של ימין, וכן בשל שמאל שני ראשי שרשרות השמאלית:
and [these] you shall place: the settings. ונתתה: המשבצות:
upon the shoulder straps of the ephod: One [setting] on this one [shoulder strap] and one on that one. Thus the shoulder straps of the ephod hold up the choshen so that it does not fall, and it is suspended on them. Yet the bottom edge of the choshen moves in and out and knocks on his [the Kohen Gadol’s] stomach and is not fastened to him well. Therefore, two more rings were needed for its lower part, as [the Torah] proceeds to explain. על כתפות האפוד: אחת בזו ואחת בזו, נמצאו כתפות האפוד מחזיקין את החשן שלא יפול, ובהן הוא תלוי, ועדיין שפת החשן התחתונה הולכת ובאה ונוקשת על כריסו, ואינה דבוקה לו יפה, לכך הוצרך עוד שתי טבעות לתחתיתו, כמו שמפרש והולך:
on its front part: [The front part] of the ephod, [meaning] that he should not place the settings on the side of the shoulder straps that is toward the robe, but instead [he should place the settings] on the upper side, which is toward the outside. That is called “on the front part” of the ephod, because the side that is not seen is not called the front [lit., the face]. אל מול פניו: של אפוד, שלא יתן המשבצות בעבר הכתפות שכלפי המעיל, אלא בעבר העליון שכלפי החוץ, והוא קרוי מול פניו של אפוד, כי אותו עבר שאינו נראה אינו קרוי פנים:
26You shall make two golden rings, and you shall place them on the two ends of the choshen, on its edge that is toward the inner side of the ephod. כווְעָשִׂ֗יתָ שְׁתֵּי֙ טַבְּע֣וֹת זָהָ֔ב וְשַׂמְתָּ֣ אֹתָ֔ם עַל־שְׁנֵ֖י קְצ֣וֹת הַח֑שֶׁן עַל־שְׂפָת֕וֹ אֲשֶׁ֛ר אֶל־עֵ֥בֶר הָֽאֵפ֖וֹד בָּֽיְתָה:
on the two ends of the choshen: [I.e.,] they are its two bottom corners, to its right and to its left. על שני קצות החשן: הן שתי פאותיו התחתונות לימין ולשמאל:
on its edge that is toward the inner side of the ephod: Here you have two signs [for the placement of the rings]: One, that he should put them on the two ends of its [the choshen’s] bottom, which is opposite the ephod, since its top is not opposite the ephod, for it is near the neck; whereas the ephod he placed on his waist. [The Torah] gives another sign, namely that he should not attach them on the choshen’s outer side, but on the inner side, as it is said: “inner.” This side is towards the side of the ephod, since the band of the ephod girds the Kohen [Gadol], and the apron is folded in front of the Kohen [Gadol] on his waist and on part of his stomach from either side until it is against the ends of the choshen, and its ends lie on it [the ephod]. על שפתו אשר אל עבר האפוד ביתה: הרי לך שני סימנין האחד שיתנם בשני קצות של תחתיתו שהוא כנגד האפוד, שעליונו אינו כנגד האפוד, שהרי סמוך לצואר הוא, והאפוד נתון על מתניו, ועוד נתן סימן שלא יקבעם בעבר החשן שכלפי החוץ, אלא בעבר שכלפי פנים שנאמר ביתה, ואותו העבר הוא לצד האפוד, שחשב האפוד חוגרו הכהן ונקפל הסינר לפני הכהן על מתניו, וקצת כריסו מכאן ומכאן עד כנגד קצות החשן, וקצותיו שוכבין עליו:
27And you shall make two golden rings and place them on the two shoulder straps of the ephod, from below, toward its front, adjacent to its seam, above the band of the ephod. כזוְעָשִׂ֘יתָ֘ שְׁתֵּ֣י טַבְּע֣וֹת זָהָב֒ וְנָֽתַתָּ֣ה אֹתָ֡ם עַל־שְׁתֵּי֩ כִתְפ֨וֹת הָֽאֵפ֤וֹד מִלְּמַ֨טָּה֙ מִמּ֣וּל פָּנָ֔יו לְעֻמַּ֖ת מַחְבַּרְתּ֑וֹ מִמַּ֕עַל לְחֵ֖שֶׁב הָֽאֵפֽוֹד:
on the two shoulder straps of the ephod, from below: For the settings were placed on the upper ends of shoulder straps of the ephod, which were on his shoulders opposite his throat and were folded and descended in front of him. [Concerning] the rings, however, He commanded that they be placed on the second end [of the shoulder straps], which is attached to the ephod, and that is what [is meant when] it is said: “adjacent to its seam,” [i.e.,] near the place where they are attached to the ephod, slightly above the belt. The seam was adjacent to the belt, and these [rings] were placed slightly above where the shoulder straps begin to rise. That is [what is meant] when it is said: “above the band of the ephod.” They [these rings] were [placed] opposite the end of the choshen, and he inserted a blue cord in these rings and in the rings of the choshen. He fastened them with this cord to the right and to the left, so that the bottom of the choshen would not swing out in front and then come back and knock on his stomach, and thus it was well placed on the robe. על שתי כתפות האפוד מלמטה: שהמשבצות נתונות בראשי כתפות האפוד העליונים הבאים על כתפיו כנגד גרונו, ונקפלות ויורדות לפניו, והטבעות צוה ליתן בראשן השני, שהוא מחובר לאפוד, והוא שנאמר לעומת מחברתו, סמוך למקום חבורן באפוד למעלה מן החגורה מעט, שהמחברת לעומת החגורה, ואלו נתונים מעט בגובה זקיפת הכתפות, הוא שנאמר ממעל לחשב האפוד, והן כנגד סוף החשן, ונותן פתיל תכלת באותן הטבעות ובטבעות החשן, ורוכסן באותן פתילין לימין ולשמאל, שלא יהא תחתית החושן הולך לפנים וחוזר לאחור ונוקש על כריסו, ונמצא מיושב על המעיל יפה:
toward its front: On the outer side. ממול פניו: בעבר החיצון:
28And they shall fasten the choshen by its rings to the rings of the ephod with a blue cord, so that it may be upon the band of the ephod, and the choshen will not move off the ephod. כחוְיִרְכְּס֣וּ אֶת־הַ֠ח֠שֶׁן מִטַּבְּעֹתָ֞יו (כתיב מטבעתו)אֶל־טַבְּעֹ֤ת הָֽאֵפוֹד֙ בִּפְתִ֣יל תְּכֵ֔לֶת לִֽהְי֖וֹת עַל־חֵ֣שֶׁב הָֽאֵפ֑וֹד וְלֹֽא־יִזַּ֣ח הַח֔שֶׁן מֵעַ֖ל הָֽאֵפֽוֹד:
And they shall fasten: Heb. וְיִרְכְּסוּ, a word of joining. Similarly, “from bands of (מֵרֻכְסֵי) men” (Ps. 31:21), [meaning] bands of wicked men joined together. Similarly, “and the close mountains (וְהָרְכָסִים), a valley” (Isa. 40:4). [הַרְכָסִים refers to] mountains that are close to one another, so that it is impossible to descend into the valley except with great difficulty. Because of their proximity, the valley is steep and deep. These [mountains] will become a straight valley, where it will be easy to walk. וירכסו: לשון חבור, וכן (תהלים לא כא) מרכסי איש, חבורי חבלי רשעים, וכן (ישעיה מ ד) והרכסים לבקעה, הרים הסמוכים זה לזה שאי אפשר לירד לגיא שביניהם אלא בקושי גדול, שמתוך סמיכתן הגיא זקופה ועמוקה, יהיו לבקעת מישור ונוחה לילך:
so that it may be upon the band of the ephod: So that the choshen would be fastened to the band of the ephod. להיות על חשב האפוד: להיות החשן דבוק אל חשב האפוד:
will not move: Heb. וְלֹא-יִזַּח. יִזַּח is a word [meaning] severance. It is an Arabic expression, as is asserted by Dunash ben Labrat (Teshuvoth Dunash, p. 60, 61). ולא יזח: לשון ניתוק, ולשון ערבי הוא, כדברי דונש בן לברט:
29Thus shall Aaron carry the names of the sons of Israel in the choshen of judgment over his heart when he enters the Holy, as a remembrance before the Lord at all times. כטוְנָשָׂ֣א אַֽ֠הֲרֹ֠ן אֶת־שְׁמ֨וֹת בְּנֵֽי־יִשְׂרָאֵ֜ל בְּח֧שֶׁן הַמִּשְׁפָּ֛ט עַל־לִבּ֖וֹ בְּבֹא֣וֹ אֶל־הַקֹּ֑דֶשׁ לְזִכָּרֹ֥ן לִפְנֵֽי־יְהֹוָ֖ה תָּמִֽיד:
30You shall place the Urim and the Tummim into the choshen of judgment so that they will be over Aaron's heart when he comes before the Lord, and Aaron will carry the judgment of the children of Israel over his heart before the Lord at all times. לוְנָֽתַתָּ֞ אֶל־ח֣שֶׁן הַמִּשְׁפָּ֗ט אֶת־הָֽאוּרִים֙ וְאֶת־הַתֻּמִּ֔ים וְהָיוּ֙ עַל־לֵ֣ב אַֽהֲרֹ֔ן בְּבֹא֖וֹ לִפְנֵ֣י יְהֹוָ֑ה וְנָשָׂ֣א אַֽ֠הֲרֹ֠ן אֶת־מִשְׁפַּ֨ט בְּנֵֽי־יִשְׂרָאֵ֧ל עַל־לִבּ֛וֹ לִפְנֵ֥י יְהֹוָ֖ה תָּמִֽיד:
the Urim and the Tummim: This [refers to the] inscription of the explicit Name, which he [Moshe] would place within the folds of the choshen, through which it would light up its words (מֵאִיר) and perfect (מְךְתַּמֵם) its words. [I.e., the Urim and Tummim explain their words, and their predictions never fail (on Yoma 73b).] In the Second Temple there was the choshen, because it was impossible for the Kohen Gadol to be missing [any of the original] garments, but that Name was not inside it. Because of that Name, it was called “judgment,” as it is said: “and he shall inquire for him through the judgment of the Urim” (Num. 27:21). את האורים ואת התומים: הוא כתב שם המפורש, שהיה נותנו בתוך כפלי החשן, שעל ידו הוא מאיר דבריו ומתמם את דבריו. ובמקדש שני היה החשן, שאי אפשר לכהן גדול להיות מחוסר בגדים, אבל אותו השם לא היה בתוכו, ועל שם אותו הכתב הוא קרוי משפט, שנאמר (במדבר כז כא) ושאל לו במשפט האורים:
the judgment of the children of Israel: [I.e., the solution of] the matter about which they [the Israelites] are judging and debating, whether or not to do something. According to the aggadic midrash (Lev. Rabbah 10:6) that the choshen atoned for the perverters of justice-it was called “judgment” because of [its] forgiveness for the [sins of] judgment. את משפט בני ישראל: דבר שהם נשפטים ונוכחים על ידו אם לעשות דבר או לא לעשות. ולפי מדרש אגדה שהחשן מכפר על מעוותי הדין, נקרא משפט על שם סליחת המשפט:
CHABAD - TODAY IN JUDAISM: Monday, February 15, 2016 - Today is: Monday, Adar I 6, 5776 · February 15, 2016 -
Torah Reading
Tetzaveh: Exodus 27:
20 “You are to order the people of Isra’el to bring you pure oil of pounded olives for the light, and to keep a lamp burning continually. 21 Aharon and his sons are to put it in the tent of meeting, outside the curtain in front of the testimony, and keep it burning from evening until morning before Adonai. This is to be a permanent regulation through all the generations of the people of Isra’el.
28 “You are to summon your brother Aharon and his sons to come from among the people of Isra’el to you, so that they can serve me as cohanim — Aharon and his sons Nadav, Avihu, El‘azar and Itamar. 2 You are to make for your brother Aharon garments set apart for serving God, expressing dignity and splendor. 3 Speak to all the craftsmen to whom I have given the spirit of wisdom, and have them make Aharon’s garments to set him apart for me, so that he can serve me in the office of cohen.
4 “The garments they are to make are these: a breastplate, a ritual vest, a robe, a checkered tunic, a turban and a sash. They are to make holy garments for your brother Aharon and his sons, so that he can serve me in the office of cohen. 5 They are to use gold; blue, purple and scarlet yarn; and fine linen.
6 “They are to make the ritual vest of gold, of blue, purple and scarlet yarn, and of finely woven linen, crafted by a skilled artisan. 7 Attached to its front and back edges are to be two shoulder-pieces that can be fastened together. 8 Its decorated belt is to be of the same workmanship and materials — gold; blue, purple and scarlet yarn; and finely woven linen. 9 Take two onyx stones and engrave on them the names of the sons of Isra’el — 10 six of their names on one stone and the six remaining names on the other, in the order of their birth. 11 An engraver should engrave the names of the sons of Isra’el on the two stones as he would engrave a seal. Mount the stones in gold settings, 12 and put the two stones on the shoulder-pieces of the vest as stones calling to mind the sons of Isra’el. Aharon is to carry their names before Adonai on his two shoulders as a reminder.
(ii) 13 “Make gold squares
Today in Jewish History:
• Passing of R. Shmaryahu Gurary (1989) Rabbi Shmaryahu Gurary ("Rashag") was born in 1898; his father, a wealthy businessman and erudite scholar, was a leading chassid of the fifth Lubavitcher Rebbe, Rabbi Sholom DovBerSchneersohn (1860-1920). In 1921, Rabbi Shmaryahu wed Chanah Schneersohn (1899-1991) the oldest daughter of the 6th Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn (1880-1950). When Rabbi Yosef Yitzchak passed away in 1950, there were those who saw Rabbi Shmaryahu -- an accomplished Chassidic scholar and elder of the Rebbe's two surviving sons-in-law -- as the natural candidate to head of the movement; but when the younger son-in-law,Rabbi Menachem Mendel, was chosen as rebbe, Rabbi Shmaryahu became his devoted chassid. Rabbi Shmaryahu served as the excutive director of Tomchei Temimim, the world-wide Lubavitch yeshiva system -- a task entrusted to him by his father-in-law -- until his passing on the 6th of Adar I in 1989.
Daily Quote:
There are times when G‑d hides His face. But then there are times when G‑d hides His face and we don't even realize that His face is hidden; we dwell in darkness, and think it is light. This is a double galut, a concealment within a concealment.[Rabbi Israel Baal Shem Tov]
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 2nd Portion Exodus 28:13-28:30 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 28
13You shall make settings of gold, יגוְעָשִׂ֥יתָ מִשְׁבְּצֹ֖ת זָהָֽב:
You shall make settings: The minimum of settings is two. In this chapter, [the Torah] explains only part of what they [the settings] were needed for. In the chapter of the choshen, their explanation is completed for you. ועשית משבצות: מיעוט משבצות שתים, ולא פירש לך עתה בפרשה זו אלא מקצת צרכן, ובפרשת החושן גומר לך פירושן:
14and two chains of pure gold you will make them attached to the edges, after the manner of cables, and you will place the cable chains upon the settings. ידוּשְׁתֵּ֤י שַׁרְשְׁרֹת֙ זָהָ֣ב טָה֔וֹר מִגְבָּלֹ֛ת תַּֽעֲשֶׂ֥ה אֹתָ֖ם מַֽעֲשֵׂ֣ה עֲבֹ֑ת וְנָֽתַתָּ֛ה אֶת־שַׁרְשְׁרֹ֥ת הָֽעֲבֹתֹ֖ת עַל־הַמִּשְׁבְּצֹֽת:
chains: Heb. שַׁרְשְׁרֹת, [chains, equivalent to the Mishnaic], שַׁלְשְׁלָאוֹת. שרשרת זהב: שלשלאות:
attached to the edges: Heb. מִגְבָּלֹת. At the end of the edge (גְּבוּל) of the choshen, you shall make them. מגבלות: לסוף גבול החשן תעשה אותם:
after the manner of cables: In the style of braiding strands, not made with holes and links like those produced for cisterns, but like those made for censers, which are called enzenseyrs [in Old French]. מעשה עבות: מעשה קליעת חוטין, ולא מעשה נקבים וכפלים, כאותן שעושין לבורות, אלא כאותן שעושין לערדסקאות, שקורין אינצינשייר"ש בלעז [כלי קטורת]:
and you will place the… chains: of cables, made in the style of cables, on these two settings. This is not the place [i.e., the section] of the command for the making of the chains, nor the command for fastening them. The word ךְתַּעִשֶׂה stated here is not an imperative expression, and [the word] וְנָתַךְתָּה stated here is [also] not an imperative expression, rather [they are only] in the future tense. [This is so] because in the chapter of the choshen He commands them again concerning making them [the chains] and fastening them. It was written here only to let you know part of the need for the settings, which He commanded [you] to make with the ephod. He wrote this [here] for you, to inform you that you will need these settings so that when you make chains at the edge of the choshen, you will place them on these settings. ונתתה את שרשרות: של עבותות העשויות מעשה עבות על המשבצות הללו. ולא זה הוא מקום צוואת עשייתן של שרשרות, ולא צוואת קביעתן, ואין תעשה האמור כאן לשון צווי, ואין ונתתה האמור כאן לשון צווי, אלא לשון עתיד, כי בפרשת החשן חוזר ומצוה על עשייתן ועל קביעתן, ולא נכתב כאן אלא להודיע מקצת צורך המשבצות שצוה לעשות עם האפוד, וכתב לך זאת לומר לך המשבצות הללו יוזקקו לך לכשתעשה שרשרות מגבלות על החשן, תתנם על המשבצות הללו:
15You shall make a choshen of judgment, the work of a master weaver. You shall make it like the work of the ephod; of gold, blue, purple, and crimson wool, and twisted fine linen shall you make it. טווְעָשִׂ֜יתָ ח֤שֶׁן מִשְׁפָּט֙ מַֽעֲשֵׂ֣ה חשֵׁ֔ב כְּמַֽעֲשֵׂ֥ה אֵפֹ֖ד תַּֽעֲשֶׂ֑נּוּ זָ֠הָ֠ב תְּכֵ֨לֶת וְאַרְגָּמָ֜ן וְתוֹלַ֧עַת שָׁנִ֛י וְשֵׁ֥שׁ מָשְׁזָ֖ר תַּֽעֲשֶׂ֥ה אֹתֽוֹ:
a choshen of judgment: which atones for the perversion of justice (Zev. 88b). Another interpretation: [The choshen is referred to as] judgment because it clarifies its words [see Rashi on verse 30], and its promise comes true, dere(s)nement in Old French, [meaning] a clear statement. For [the word] מִשְׁפָּט has three usages: 1) the words of the pleas of the litigants, 2) the verdict, and 3) the punishment of the judgment, whether the punishment of death, the punishment of lashes, or the punishment of monetary payment. But this one [use of the word מִֹשְפָט] serves as an expression of the clarification of words, [meaning] that it explains and clarifies its words. חשן משפט: שמכפר על קלקול הדין. דבר אחר משפט, שמברר דבריו והבטחתו אמת, דיריישנימינ"ט בלעז [הוכחה] שהמשפט משמש שלש לשונות דברי טענות הבעלי דינים, וגמר הדין, ועונש הדין, אם עונש מיתה, אם עונש מכות, אם עונש ממון, וזה משמש לשון בירור דברים, שמפרש ומברר דבריו:
like the work of the ephod: The work of a master weaver and of five kinds [of material]. כמעשה אפוד: מעשה חושב ומחמשת מינין:
16It shall be square [and] doubled; its length one span and its width one span. טזרָב֥וּעַ יִֽהְיֶ֖ה כָּפ֑וּל זֶ֥רֶת אָרְכּ֖וֹ וְזֶ֥רֶת רָחְבּֽוֹ:
its length one span and its width one span: [It was] doubled, and [it was] suspended before him [the Kohen Gadol] against his heart, as it is said: “so that they will be over Aaron’s heart” (verse 30), suspended on the shoulder straps of the ephod, which come from behind him [the Kohen Gadol] over his shoulders and are folded over, descending somewhat in front of him. The choshen was suspended on them [the shoulder straps] by the chains and the rings, as is explained in the [section discussing the] matter [below, verses 22-29]. זרת ארכו וזרת רחבו: כפול ומוטל לו לפניו כנגד לבו, שנאמר (פסוק ל) והיו על לב אהרן, תלוי בכתפות האפוד, הבאות מאחוריו על כתפיו ונקפלות ויורדות לפניו מעט, והחשן תלוי בהן בשרשרות וטבעות, כמו שמפורש בענין:
17And you shall fill into it stone fillings, four rows of stones. One row: odem, pitdah, and bareketh; thus shall the one row be. יזוּמִלֵּאתָ֥ בוֹ֙ מִלֻּ֣אַת אֶ֔בֶן אַרְבָּעָ֖ה טוּרִ֣ים אָ֑בֶן ט֗וּר אֹ֤דֶם פִּטְדָה֙ וּבָרֶ֔קֶת הַטּ֖וּר הָֽאֶחָֽד:
And you shall fill into it: Since the stones fill the holes of the settings, which are prepared for them, [the Torah] calls them by an expression of filling. ומלאת בו: על שם שהאבנים ממלאות גומות המשבצות המתוקנות להן, קורא אותן בלשון מלואים:
18The second row: nofech, sappir, and yahalom. יחוְהַטּ֖וּר הַשֵּׁנִ֑י נֹ֥פֶךְ סַפִּ֖יר וְיָֽהֲלֹֽם:
19The third row: leshem, shevo, and achlamah. יטוְהַטּ֖וּר הַשְּׁלִישִׁ֑י לֶ֥שֶׁם שְׁב֖וֹ וְאַחְלָֽמָה:
20And the fourth row: tarshish, shoham, and yashpheh; they shall be set in gold in their fillings. כוְהַטּוּר֙ הָֽרְבִיעִ֔י תַּרְשִׁ֥ישׁ וְשֹׁ֖הַם וְיָֽשְׁפֵ֑ה מְשֻׁבָּצִ֥ים זָהָ֛ב יִֽהְי֖וּ בְּמִלּֽוּאֹתָֽם:
set in gold: The rows shall be [set in gold] in their fillings, encircled by settings of gold in the depth. According to the measure of the fullness of the thickness of the stone shall be the depth of the settings, no less and no more. משבצים זהב: יהיו הטורים במלואותם, מוקפים משבצות זהב בעומק שיעור שיתמלא בעובי האבן, זהו לשון במלואותם, כשיעור מלוי עביין של אבנים יהיה עומק המשבצות לא פחות ולא יותר:
21And the stones shall be for the names of the sons of Israel twelve, corresponding to their names; [similar to] the engravings of a seal, every one according to his name shall they be, for the twelve tribes. כאוְ֠הָֽאֲבָנִ֠ים תִּֽהְיֶ֜יןָ עַל־שְׁמֹ֧ת בְּנֵֽי־יִשְׂרָאֵ֛ל שְׁתֵּ֥ים עֶשְׂרֵ֖ה עַל־שְׁמֹתָ֑ם פִּתּוּחֵ֤י חוֹתָם֙ אִ֣ישׁ עַל־שְׁמ֔וֹ תִּֽהְיֶ֕יןָ לִשְׁנֵ֥י עָשָׂ֖ר שָֽׁבֶט:
every one according to his name: According to the order of their [the progenitors of the tribes] births shall be the order of the stones, odem for Reuben, pitdah for Simeon, and similarly for all of them. איש על שמו: כסדר תולדותם סדר האבנים, אודם לראובן, פטדה לשמעון, וכן כלם:
22You shall make for the choshen chains at the edges, of cable work, of pure gold. כבוְעָשִׂ֧יתָ עַל־הַח֛שֶׁן שַׁרְשֹׁ֥ת גַּבְלֻ֖ת מַֽעֲשֵׂ֣ה עֲבֹ֑ת זָהָ֖ב טָהֽוֹר:
for the choshen: Heb. עַל-הַחשֶׁן, for the choshen, to fasten them with its rings, as is explained below in the [section devoted to this] topic [below, verses 23-28]. על החשן: בשביל החשן, לקבעם בטבעותיו, כמו שמפורש למטה בענין:
chains: Heb. שַׁרְשֹׁת, a word related to [the word for] the roots (שָׁרְשֵׁי) of a tree, which are held to the tree, so it is held and inserted into the earth. These [chains] would also hold the choshen, for with them it [the choshen] would be suspended on the ephod. They are the two chains mentioned above (verse 14) in the [section devoted to the] topic of the settings. Menachem ben Saruk interpreted שַׁרְשְׁרֹת (verse 14) as well as an expression of roots (שָׁרָשִׁים). He said that the [second] “reish” (ר) is superfluous like the “mem” (מ) in שִׁלְשׁוֹם, [meaning] the day before yesterday (Exod. 5:8, 21:32, 36) [the word being derived from שָׁלשׁ, three], and the “mem” in רֵיקָם, empty (Gen. 31:42) [usually רֵיק, without the mem, is used] (Machbereth Menachem, p. 182). I do not agree with his statement, however, but [I hold that], שַׁרְשֶׁרֶת in Hebrew [of the Torah] is like שַׁלְשֶׁלֶת in the language of the Mishnah (Kelim 14:3). שרשת: לשון שרשי אילן המאחיזין לאילן להאחז ולהתקע בארץ, אף אלו יהיו מאחיזין לחשן, שבהם יהיה תלוי באפוד, והן שתי שרשרות האמורות למעלה (פסוק יד) בענין המשבצות. ואף שרשרות פתר מנחם בן סרוק לשון שרשים, ואמר שהרי"ש יתירה, כמו מ"ם שבשלשום, ומ"ם שבריקם. ואיני רואה את דבריו, אלא שרשרת בלשון עברית, כשלשלת בלשון משנה:
at the edges: Heb. גַּבְלֻת This is מִגְבָּלֹת mentioned above (verse 14), [signifying] that you shall insert them into the rings that will be on the edge (גְּבוּל) of the choshen. Every [instance of] גְּבוּל is an expression denoting an end, as(s) omayl in Old French, end, limit. גבלת: הוא מגבלות האמור למעלה (פסוק יד) שתתקעם בטבעות, שיהיו בגבול החשן, וכל גבול לשון קצה, אשומיי"ל בלעז [גבול]:
of cable work: Plaited. מעשה עבות: מעשה קליעה:
23You shall make for the choshen two golden rings, and you shall place the two rings on the two ends of the choshen, כגוְעָשִׂ֨יתָ֙ עַל־הַח֔שֶׁן שְׁתֵּ֖י טַבְּע֣וֹת זָהָ֑ב וְנָֽתַתָּ֗ אֶת־שְׁתֵּי֙ הַטַּבָּע֔וֹת עַל־שְׁנֵ֖י קְצ֥וֹת הַחֽשֶׁן:
for the choshen: Heb. עַל-הַחשֶׁן. For the choshen, in order to affix them onto it. It is, however, impossible to say that they [the two golden rings] shall be made on it [the choshen] from the outset, for if so, what is [the meaning of] what [the text] repeats and says, “and you shall place the two rings” ? Are they not already placed on it? At the beginning of the verse, Scripture should have written, “And you shall make on the ends of the choshen two golden rings.” Also, regarding the chains, you must interpret [the text] in this manner. על החשן: לצורך החושן, כדי לקבעם בו. ולא יתכן לומר שתהא תחלת עשייתן עליו, שאם כן מה הוא שחוזר ואומר ונתת את שתי הטבעות, והלא כבר נתונים בו, היה לו לכתוב בתחלת המקרא ועשית על קצות החשן שתי הטבעות זהב, ואף בשרשרות צריך אתה לפתור כן:
on the two ends of the choshen: On the two corners opposite the neck, on the right and on the left, which are opposite the shoulder straps of the ephod. על שני קצות החשן: לשתי פאות שכנגד הצואר, לימנית ולשמאלית הבאים מול כתפות האפוד:
24and you shall place the two golden cables on the two rings, at the ends of the choshen. כדוְנָֽתַתָּ֗ה אֶת־שְׁתֵּי֙ עֲבֹתֹ֣ת הַזָּהָ֔ב עַל־שְׁתֵּ֖י הַטַּבָּעֹ֑ת אֶל־קְצ֖וֹת הַחֽשֶׁן:
and you shall place the two golden cables: They are the chains for the edges, mentioned above (verse 22). [The Torah] did not delineate [there] where they were to be affixed on the choshen. Now it explains to you that they should be inserted into the rings. You should know that they are indeed [referring to] the first ones, for in the parsha of אֵלֶה פְּקוּדֵי [i.e., inExod. 39:15-19, where the Torah relates how the choshen was made], they were not doubled. ונתתה את שתי עבתת הזהב: הן הן שרשרות גבלות הכתובות למעלה (פסוק כב) ולא פירש מקום קבוען בחשן, עכשיו מפרש לך שיהא תוחב אותן בטבעות, ותדע לך שהן הן הראשונות, שהרי בפרשת אלה פקודי לא הוכפלו:
25And the two ends of the two cables you shall place upon the two settings, and [these] you shall place upon the shoulder straps of the ephod, on its front part. כהוְאֵ֨ת שְׁתֵּ֤י קְצוֹת֙ שְׁתֵּ֣י הָֽעֲבֹתֹ֔ת תִּתֵּ֖ן עַל־שְׁתֵּ֣י הַמִּשְׁבְּצ֑וֹת וְנָֽתַתָּ֛ה עַל־כִּתְפ֥וֹת הָֽאֵפֹ֖ד אֶל־מ֥וּל פָּנָֽיו:
And the two ends: of the two cables, i.e., the two ends of each one. ואת שתי קצות: של שתי העבותות שני ראשיהם של כל אחת:
you shall place upon the two settings: They are the ones mentioned above, between the section dealing with the choshen and the section dealing with the ephod (verses 13 and 14), but [the Torah] did not explain their necessity or their place. Now it [the Torah] explains that he should insert into them the ends of the chains which are inserted into the rings of the choshen on the right and on the left beside the neck. The two ends of the right chain he inserts into the right setting, and similarly with the left one, the two ends of the left chain. תתן על שתי המשבצות: הן הכתובות למעלה (פסוק יד) בין פרשת החשן ופרשת האפוד, ולא פירש את צרכן ואת מקומן, עכשיו מפרש שיתקע בהן ראשי העבותות התחובות בטבעות [בראשי] החשן לימין ולשמאל אצל הצואר, שני ראשי השרשרת הימנית תוקע במשבצות של ימין, וכן בשל שמאל שני ראשי שרשרות השמאלית:
and [these] you shall place: the settings. ונתתה: המשבצות:
upon the shoulder straps of the ephod: One [setting] on this one [shoulder strap] and one on that one. Thus the shoulder straps of the ephod hold up the choshen so that it does not fall, and it is suspended on them. Yet the bottom edge of the choshen moves in and out and knocks on his [the Kohen Gadol’s] stomach and is not fastened to him well. Therefore, two more rings were needed for its lower part, as [the Torah] proceeds to explain. על כתפות האפוד: אחת בזו ואחת בזו, נמצאו כתפות האפוד מחזיקין את החשן שלא יפול, ובהן הוא תלוי, ועדיין שפת החשן התחתונה הולכת ובאה ונוקשת על כריסו, ואינה דבוקה לו יפה, לכך הוצרך עוד שתי טבעות לתחתיתו, כמו שמפרש והולך:
on its front part: [The front part] of the ephod, [meaning] that he should not place the settings on the side of the shoulder straps that is toward the robe, but instead [he should place the settings] on the upper side, which is toward the outside. That is called “on the front part” of the ephod, because the side that is not seen is not called the front [lit., the face]. אל מול פניו: של אפוד, שלא יתן המשבצות בעבר הכתפות שכלפי המעיל, אלא בעבר העליון שכלפי החוץ, והוא קרוי מול פניו של אפוד, כי אותו עבר שאינו נראה אינו קרוי פנים:
26You shall make two golden rings, and you shall place them on the two ends of the choshen, on its edge that is toward the inner side of the ephod. כווְעָשִׂ֗יתָ שְׁתֵּי֙ טַבְּע֣וֹת זָהָ֔ב וְשַׂמְתָּ֣ אֹתָ֔ם עַל־שְׁנֵ֖י קְצ֣וֹת הַח֑שֶׁן עַל־שְׂפָת֕וֹ אֲשֶׁ֛ר אֶל־עֵ֥בֶר הָֽאֵפ֖וֹד בָּֽיְתָה:
on the two ends of the choshen: [I.e.,] they are its two bottom corners, to its right and to its left. על שני קצות החשן: הן שתי פאותיו התחתונות לימין ולשמאל:
on its edge that is toward the inner side of the ephod: Here you have two signs [for the placement of the rings]: One, that he should put them on the two ends of its [the choshen’s] bottom, which is opposite the ephod, since its top is not opposite the ephod, for it is near the neck; whereas the ephod he placed on his waist. [The Torah] gives another sign, namely that he should not attach them on the choshen’s outer side, but on the inner side, as it is said: “inner.” This side is towards the side of the ephod, since the band of the ephod girds the Kohen [Gadol], and the apron is folded in front of the Kohen [Gadol] on his waist and on part of his stomach from either side until it is against the ends of the choshen, and its ends lie on it [the ephod]. על שפתו אשר אל עבר האפוד ביתה: הרי לך שני סימנין האחד שיתנם בשני קצות של תחתיתו שהוא כנגד האפוד, שעליונו אינו כנגד האפוד, שהרי סמוך לצואר הוא, והאפוד נתון על מתניו, ועוד נתן סימן שלא יקבעם בעבר החשן שכלפי החוץ, אלא בעבר שכלפי פנים שנאמר ביתה, ואותו העבר הוא לצד האפוד, שחשב האפוד חוגרו הכהן ונקפל הסינר לפני הכהן על מתניו, וקצת כריסו מכאן ומכאן עד כנגד קצות החשן, וקצותיו שוכבין עליו:
27And you shall make two golden rings and place them on the two shoulder straps of the ephod, from below, toward its front, adjacent to its seam, above the band of the ephod. כזוְעָשִׂ֘יתָ֘ שְׁתֵּ֣י טַבְּע֣וֹת זָהָב֒ וְנָֽתַתָּ֣ה אֹתָ֡ם עַל־שְׁתֵּי֩ כִתְפ֨וֹת הָֽאֵפ֤וֹד מִלְּמַ֨טָּה֙ מִמּ֣וּל פָּנָ֔יו לְעֻמַּ֖ת מַחְבַּרְתּ֑וֹ מִמַּ֕עַל לְחֵ֖שֶׁב הָֽאֵפֽוֹד:
on the two shoulder straps of the ephod, from below: For the settings were placed on the upper ends of shoulder straps of the ephod, which were on his shoulders opposite his throat and were folded and descended in front of him. [Concerning] the rings, however, He commanded that they be placed on the second end [of the shoulder straps], which is attached to the ephod, and that is what [is meant when] it is said: “adjacent to its seam,” [i.e.,] near the place where they are attached to the ephod, slightly above the belt. The seam was adjacent to the belt, and these [rings] were placed slightly above where the shoulder straps begin to rise. That is [what is meant] when it is said: “above the band of the ephod.” They [these rings] were [placed] opposite the end of the choshen, and he inserted a blue cord in these rings and in the rings of the choshen. He fastened them with this cord to the right and to the left, so that the bottom of the choshen would not swing out in front and then come back and knock on his stomach, and thus it was well placed on the robe. על שתי כתפות האפוד מלמטה: שהמשבצות נתונות בראשי כתפות האפוד העליונים הבאים על כתפיו כנגד גרונו, ונקפלות ויורדות לפניו, והטבעות צוה ליתן בראשן השני, שהוא מחובר לאפוד, והוא שנאמר לעומת מחברתו, סמוך למקום חבורן באפוד למעלה מן החגורה מעט, שהמחברת לעומת החגורה, ואלו נתונים מעט בגובה זקיפת הכתפות, הוא שנאמר ממעל לחשב האפוד, והן כנגד סוף החשן, ונותן פתיל תכלת באותן הטבעות ובטבעות החשן, ורוכסן באותן פתילין לימין ולשמאל, שלא יהא תחתית החושן הולך לפנים וחוזר לאחור ונוקש על כריסו, ונמצא מיושב על המעיל יפה:
toward its front: On the outer side. ממול פניו: בעבר החיצון:
28And they shall fasten the choshen by its rings to the rings of the ephod with a blue cord, so that it may be upon the band of the ephod, and the choshen will not move off the ephod. כחוְיִרְכְּס֣וּ אֶת־הַ֠ח֠שֶׁן מִטַּבְּעֹתָ֞יו (כתיב מטבעתו)אֶל־טַבְּעֹ֤ת הָֽאֵפוֹד֙ בִּפְתִ֣יל תְּכֵ֔לֶת לִֽהְי֖וֹת עַל־חֵ֣שֶׁב הָֽאֵפ֑וֹד וְלֹֽא־יִזַּ֣ח הַח֔שֶׁן מֵעַ֖ל הָֽאֵפֽוֹד:
And they shall fasten: Heb. וְיִרְכְּסוּ, a word of joining. Similarly, “from bands of (מֵרֻכְסֵי) men” (Ps. 31:21), [meaning] bands of wicked men joined together. Similarly, “and the close mountains (וְהָרְכָסִים), a valley” (Isa. 40:4). [הַרְכָסִים refers to] mountains that are close to one another, so that it is impossible to descend into the valley except with great difficulty. Because of their proximity, the valley is steep and deep. These [mountains] will become a straight valley, where it will be easy to walk. וירכסו: לשון חבור, וכן (תהלים לא כא) מרכסי איש, חבורי חבלי רשעים, וכן (ישעיה מ ד) והרכסים לבקעה, הרים הסמוכים זה לזה שאי אפשר לירד לגיא שביניהם אלא בקושי גדול, שמתוך סמיכתן הגיא זקופה ועמוקה, יהיו לבקעת מישור ונוחה לילך:
so that it may be upon the band of the ephod: So that the choshen would be fastened to the band of the ephod. להיות על חשב האפוד: להיות החשן דבוק אל חשב האפוד:
will not move: Heb. וְלֹא-יִזַּח. יִזַּח is a word [meaning] severance. It is an Arabic expression, as is asserted by Dunash ben Labrat (Teshuvoth Dunash, p. 60, 61). ולא יזח: לשון ניתוק, ולשון ערבי הוא, כדברי דונש בן לברט:
29Thus shall Aaron carry the names of the sons of Israel in the choshen of judgment over his heart when he enters the Holy, as a remembrance before the Lord at all times. כטוְנָשָׂ֣א אַֽ֠הֲרֹ֠ן אֶת־שְׁמ֨וֹת בְּנֵֽי־יִשְׂרָאֵ֜ל בְּח֧שֶׁן הַמִּשְׁפָּ֛ט עַל־לִבּ֖וֹ בְּבֹא֣וֹ אֶל־הַקֹּ֑דֶשׁ לְזִכָּרֹ֥ן לִפְנֵֽי־יְהֹוָ֖ה תָּמִֽיד:
30You shall place the Urim and the Tummim into the choshen of judgment so that they will be over Aaron's heart when he comes before the Lord, and Aaron will carry the judgment of the children of Israel over his heart before the Lord at all times. לוְנָֽתַתָּ֞ אֶל־ח֣שֶׁן הַמִּשְׁפָּ֗ט אֶת־הָֽאוּרִים֙ וְאֶת־הַתֻּמִּ֔ים וְהָיוּ֙ עַל־לֵ֣ב אַֽהֲרֹ֔ן בְּבֹא֖וֹ לִפְנֵ֣י יְהֹוָ֑ה וְנָשָׂ֣א אַֽ֠הֲרֹ֠ן אֶת־מִשְׁפַּ֨ט בְּנֵֽי־יִשְׂרָאֵ֧ל עַל־לִבּ֛וֹ לִפְנֵ֥י יְהֹוָ֖ה תָּמִֽיד:
the Urim and the Tummim: This [refers to the] inscription of the explicit Name, which he [Moshe] would place within the folds of the choshen, through which it would light up its words (מֵאִיר) and perfect (מְךְתַּמֵם) its words. [I.e., the Urim and Tummim explain their words, and their predictions never fail (on Yoma 73b).] In the Second Temple there was the choshen, because it was impossible for the Kohen Gadol to be missing [any of the original] garments, but that Name was not inside it. Because of that Name, it was called “judgment,” as it is said: “and he shall inquire for him through the judgment of the Urim” (Num. 27:21). את האורים ואת התומים: הוא כתב שם המפורש, שהיה נותנו בתוך כפלי החשן, שעל ידו הוא מאיר דבריו ומתמם את דבריו. ובמקדש שני היה החשן, שאי אפשר לכהן גדול להיות מחוסר בגדים, אבל אותו השם לא היה בתוכו, ועל שם אותו הכתב הוא קרוי משפט, שנאמר (במדבר כז כא) ושאל לו במשפט האורים:
the judgment of the children of Israel: [I.e., the solution of] the matter about which they [the Israelites] are judging and debating, whether or not to do something. According to the aggadic midrash (Lev. Rabbah 10:6) that the choshen atoned for the perverters of justice-it was called “judgment” because of [its] forgiveness for the [sins of] judgment. את משפט בני ישראל: דבר שהם נשפטים ונוכחים על ידו אם לעשות דבר או לא לעשות. ולפי מדרש אגדה שהחשן מכפר על מעוותי הדין, נקרא משפט על שם סליחת המשפט:
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Daily Tehillim: Chapters 35 - 38
• Hebrew text
• English text• Chapter 35
• Hebrew text
• English text• Chapter 35
This psalm is an awe-inspiring and wondrous prayer about David's enemies-that they be as chaff before the wind, chased by the angel of God. It also declares that everything comes about through God's help.
1. By David. Fight my antagonists, O Lord, battle those who battle against me.
2. Take hold of shield and armor and arise to help me.
3. Draw a spear, and bar the way before my pursuers; say to my soul, "I am your deliverance.”
4. Let those who seek my life be shamed and disgraced; let those who devise my harm retreat and be humiliated.
5. Let them be as chaff before the wind; let the angel of the Lord thrust them away.
6. Let their path be dark and slippery; let them be chased by the angel of the Lord.
7. For without cause have they laid their nets in the pit for me; without cause have they dug [pits] for my soul.
8. Let darkness come upon him unawares; let the very snare that he hid trap him, in darkness he will fall in it.
9. And my soul shall exult in the Lord, rejoice in His deliverance.
10. My entire being shall declare: Lord, who is like You? Who saves the poor from one stronger than he, the poor and the destitute from one who would rob him.
11. Corrupt witnesses rise up [against me], they demand of me things of which I do not know.
12. They repay me evil for good, death for my soul.
13. But I wore sackcloth when they were ill; I afflicted my soul with fasting. Let my prayer return upon my own bosom.
14. As if it were my friend, my brother, I went about; like a mother in mourning, I was bent over in gloom.
15. But when I limped, they rejoiced and gathered; the lowly gathered against me-even those whom I do not know; they laugh and cannot be quiet.
16. With flattery and scorn, for the sake of a meal,1 they gnash their teeth at me.
17. My Lord, how long will You look on? Restore my life from their darkness; from young lions, my soul.
18. I will thank You in a great congregation, amidst a mighty nation I will praise You.
19. Let not those who hate me without cause rejoice over me; [let not] those who despise me without reason wink their eye.
20. For they speak not of peace, rather they scheme deceitful matters against the broken of the land.
21. They opened their mouths wide against me, they said, "Aha! Aha! Our eyes have seen [his misfortune].”
22. You saw, Lord, be not silent; my Lord, be not distant from me.
23. Rouse and awaken Yourself to my judgement, to my cause, my God and my Lord.
24. Judge me according to your righteousness, Lord my God; let them not rejoice over me.
25. Let them not say in their hearts, "Aha! We have our desire!" Let them not say, "We have swallowed him!”
26. Let them be shamed and disgraced together, those who rejoice at my trouble; let them be clothed in shame and humiliation, those who raise themselves arrogantly over me.
27. Let those who desire my vindication sing joyously and be glad; let them say always, "Let the Lord be exalted, Who desires the peace of His servant.”
28. My tongue will speak of Your righteousness, Your praise, all day long.
FOOTNOTES
1.These men flatter Saul in order to obtain free meals (Rashi).
Chapter 36
This psalm is a message to those who follow their evil inclination, that tells them, "Do not place the fear of God before you," and brings them to sin by beautifying evil deeds in their eyes. For so is his way: "He descends (to earth) and corrupts, then goes up (to the Heavenly Court) and prosecutes."
1. For the Conductor, by the servant of the Lord, by David.
2. [I think] in my heart: Sin says to the wicked, "There is none [who need place] the fear of God before his eyes.”
3. For Sin makes itself appealing to him, until his iniquity be found and he is hated.
4. The speech of his mouth is evil and deceit; he fails to reason, to improve.
5. On his bed he contemplates evil, he stands in a path that is not good; he does not despise evil.
6. O Lord, Your kindness is in the heavens; Your faithfulness is till the skies.
7. Your righteousness is like the mighty mountains, Your judgements extend to the great deep; man and beast You deliver, O Lord.
8. How precious is Your kindness, O God; man takes shelter in the shadow of Your wings.
9. They will be filled by the abundance of Your house; from the stream of Your Eden, You will give them to drink.
10. For the source of life is with You; in Your Light do we see light.
11. Extend Your kindness to those who know You, and Your righteousness to the upright of heart.
12. Let not the foot of the arrogant overtake me; let not the hand of the wicked drive me away.
13. There1 the doers of evil fell, thrust down, unable to rise.
FOOTNOTES
1.In the very place they intended to persecute me (Metzudot).
Chapter 37
King David exhorts his generation not to be jealous of the prosperity of the wicked, for it may lead to falling into their ways. Rather, put your trust in God, conduct yourselves with integrity, and God will take care of everything.
1. By David. Do not compete with the wicked; do not envy doers of injustice.
2. For like grass they will be swiftly cut down; like green vegetation they will wither.
3. Trust in the Lord and do good; then will you abide in the land and be nourished by faith.
4. Delight in the Lord, and He will grant you the desires of your heart.
5. Cast your needs upon the Lord; rely on Him, and He will take care.
6. He will reveal your righteousness like the light, your justness like the high noon.
7. Depend on the Lord and hope in Him. Compete not with the prosperous, with the man who invents evil schemes.
8. Let go of anger, abandon rage; do not compete with [one who intends] only to harm.
9. For the evildoers will be cut down; but those who hope in the Lord, they will inherit the earth.
10. For soon the wicked one will not be; you will gaze at his place and he will be gone.
11. But the humble shall inherit the earth, and delight in abundant peace.
12. The wicked one plots against the righteous, and gnashes his teeth at him.
13. My Lord laughs at him, for He sees that his day will come.
14. The wicked have drawn a sword and bent their bow to fell the poor and destitute, to slaughter those of upright ways.
15. But their sword shall enter their own hearts, and their bows shall break.
16. Better the little of the righteous, than the abundant wealth of the wicked.
17. For the strength of the wicked will be broken, but the Lord supports the righteous.
18. The Lord appreciates the days of the innocent; their inheritance will last forever.
19. They will not be shamed in times of calamity, and in days of famine they will be satisfied.
20. For the wicked shall perish, and the enemies of the Lord are as fattened sheep: consumed, consumed in smoke.
21. The wicked man borrows and does not repay; but the righteous man is gracious and gives.
22. For those blessed by Him will inherit the earth, and those cursed by Him will be cut off.
23. The steps of man are directed by God; He desires his way.
24. When he totters he shall not be thrown down, for the Lord supports his hand.
25. I have been a youth, I have also aged; yet I have not seen the righteous forsaken, nor his offspring begging bread.
26. All day he is kind and lends; his offspring are a blessing.
27. Turn away from evil and do good, and you will dwell [in peace] forever.
28. For the Lord loves justice, he will not abandon his pious ones-they are protected forever; but the offspring of the wicked are cut off.
29. The righteous shall inherit the earth and dwell upon it forever.
30. The mouth of the righteous one utters wisdom, and his tongue speaks justice.
31. The Torah of his God is in his heart; his steps shall not falter.
32. The wicked one watches for the righteous man, and seeks to kill him.
33. But the Lord will not abandon him in his hand, nor condemn him when he is judged.
34. Hope in the Lord and keep His way; then He will raise you high to inherit the earth. When the wicked are cut off, you shall see it.
35. I saw a powerful wicked man, well-rooted like a vibrant, native tree.
36. Yet he vanished, behold he was gone; I searched for him, but he could not be found.
37. Watch the innocent, and observe the upright, for the future of such a man is peace.
38. But sinners shall be destroyed together; the future of the wicked is cut off.
39. The deliverance of the righteous is from the Lord; He is their strength in time of distress.
40. The Lord helps them and delivers them; He delivers them from the wicked and saves them, because they have put their trust in Him.
Chapter 38
A prayer for every individual, bewailing the length of the exile. One who is in distress should recite this psalm, hence its introduction, "A psalm... to remind" (to remind us to recite it in times of distress). One can also derive many lessons from it.
1. A psalm by David, to remind.
2. O Lord, do not rebuke me in Your anger, nor chastise me in Your wrath.
3. For Your arrows have landed in me, Your hand descended upon me.
4. There is no soundness in my flesh because of Your rage, no peace in my bones because of my sin.
5. For my iniquities have flooded over my head; like a heavy load, they are too heavy for me.
6. My wounds are rotted; they reek because of my foolishness.
7. I am bent and extremely bowed; all day I go about in gloom.
8. My sides are inflamed; there is no soundness in my flesh.
9. I am weakened and extremely depressed; I howl from the moaning of my heart.
10. My Lord, all that I desire is before You; my sighing is not hidden from You.
11. My heart is engulfed, my strength has left me; the light of my eyes they, too, are not with me.
12. My friends and companions stand aloof from my affliction; my intimates stand afar.
13. The seekers of my life have laid traps; those who seek my harm speak destructiveness; they utter deceits all day long.
14. But I am like a deaf man, I do not hear; like a mute that does not open his mouth.
15. I was like a man that does not perceive, and in whose mouth there are no rebuttals.
16. Because for You, O Lord, I wait; You will answer, my Lord, my God.
17. For I said, "Lest they rejoice over me; when my foot falters they will gloat over me.”
18. For I am accustomed to limping, and my pain is constantly before me.
19. For I admit my iniquity; I worry because of my sin.
20. But my enemies abound with life; those who hate me without cause flourish.
21. Those who repay evil for good resent me for my pursuit of good.
22. Do not forsake me, O Lord; do not be distant from me, my God.
23. Hurry to my aid, O my Lord, my Salvation.
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Tanya: Likutei Amarim, middle of Chapter 27• Lessons in Tanya
Tanya: Likutei Amarim, middle of Chapter 27• Lessons in Tanya
• Likutei Amarim, middle of Chapter 27
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• Today's Tanya Lesson
• Monday, Adar I 6, 5776 · February 15, 2016
• The central point of the above discussion was that through the occurence of evil thoughts in one’s mind, and through one’s battle against them, the sitra achra is subdued, causing great pleasure above.
The Alter Rebbe now goes on to say that this subjugation of the sitra achra and the consequent Divine pleasure are brought about not only by one’s struggle against the sitra achra when it attempts to lead one to sin (as in our case, where the lack of a struggle against evil thoughts, and the continued meditation on them would constitute a sin). Rather, one produces the same effect by struggling with one’s nature in abstaining from permitted matters. For as explained in ch. 6, any permitted action done without the specific intention of leading one to the serving of G‑d (as, for example, eating in order to obtain strength for Torah study or performing the mitzvot) derives its vitality from the sitra achra. (This term simply means “the other side,” i.e., the absence of holiness.) Only an action so directed can draw its vitality from the realm of holiness. Therefore, whenever one refrains from doing even a permissible act (in which this intention is lacking) in order to subdue the sitra achra,he gives rise to Divine pleasure.
ולא עוד, אלא אפילו בדברים המותרים לגמרי
Furthermore, not only by fighting his evil thoughts does one subdue the sitra achra, but even in matters that are fully permissible,
כל מה שהאדם זובח יצרו אפילו שעה קלה, ומתכוין לאכפיא לסטרא אחרא שבחלל השמאלי
every act of sacrificing one’s impulse, even if only for a short while i.e., if he delays partaking of even the permissible and essential, with the intention of subduing the sitra achra in the left part of his heart, achieves this end.
כגון שחפ׳ לאכול, ומאחר סעודתו עד לאחר שעה או פחות
For example: when he wants to eat but delays his meal for an hour or less,
ועוסק בתורה באותה שעה
and during that time he studies Torah.
For if he occupies himself with other physical matters, he does not subdue the sitra achra by postponing his meal, since he is in any case indulging his animal soul; but if he studies Torah during that time then even when the delay of his meal does not gain him any time for Torah study, for he would have studied Torah regardless (as will soon be stated), and despite the fact that he eventually does eat, yet he subdues the sitra achra by the mere effort of postponing his meal, and thereby he brings about the Divine pleasure caused by every subjugation of the sitra achra.
כדאיתא בגמרא: שעה רביעית מאכל כל אדם, שעה ששית מאכל תלמידי חכמים
As the Gemara states: 1 “The fourth hour [of the day] is when all men eat, but the sixth hour is the mealtime for scholars,”
והיו מרעיבים עצמם שתי שעות לכוונה זו
because they would go hungry for two hours with this intention,
אף שגם אחר הסעודה היו לומדים כל היום
although even after the meal they would study all day.
וכן אם בולם פיו מלדבר דברים שלבו מתאוה מאד לדברם מענייני העולם
So too if one restrains his mouth from saying things which he greatly desires to say, concerning mundane matters — even where is nothing wrong with the words per se, yet he refrains from speaking them precisely because he feels a desire to do so;
וכן בהרהורי מחשבתו
and likewise regarding the thoughts of his mind he suppresses an urge to think about some mundane matter.
אפילו במעט מזעיר דאתכפיא סטרא אחרא לתתא
Even by the slightest subjugation of the sitra achra here below,
אסתלק יקרא דקודשא בריך הוא וקדושתו לעילא הרבה
the glory of G‑d and His holiness is greatly elevated on high.
| FOOTNOTES | |
| 1. | Shabbat 10a. |
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text | Audio: Listen | Download | Video Class• Monday, Adar I 6, 5776 · February 15, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 340
Incest with a Paternal Aunt
"You shall not uncover the nakedness of your father's sister"—Leviticus 18:12.
It is forbidden to have incestuous relations with one's father's sister.
Full text of this Mitzvah »
Negative Commandment 341
Incest with a Maternal Aunt
"You shall not uncover the nakedness of your mother's sister"—Leviticus 18:13.
It is forbidden to have incestuous relations with one's mother's sister.
Full text of this Mitzvah »
Negative Commandment 342
Incest with an Uncle's Wife
"You shall not come near his wife; she is your aunt"—Leviticus 18:14.
It is forbidden to have incestuous relations with one's father's brother's wife.
Full text of this Mitzvah »
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Negative Commandment 343
Incest with a Daughter-in-Law
"You shall not uncover the nakedness of your daughter-in-law"—Leviticus 18:15.
It is forbidden to have incestuous relations with one's daughter-in-law.
Full text of this Mitzvah »
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Negative Commandment 344
Incest with a Brother's Wife
"You shall not uncover the nakedness of your brother's wife"—Leviticus 18:16.
It is forbidden to have incestuous relations with one's brother's wife.
Full text of this Mitzvah »
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Negative Commandment 345
Incest with a Wife's Sister
"And you shall not take a woman with her sister"—Leviticus 18:18.
It is forbidden to have incestuous relations with one's wife's sister—as long as the wife is alive [i.e. after her death, it is permitted to marry her sister].
Full text of this Mitzvah »
Rambam:
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Negative Commandment 340
Incest with a Paternal Aunt
"You shall not uncover the nakedness of your father's sister"—Leviticus 18:12.
It is forbidden to have incestuous relations with one's father's sister.
Full text of this Mitzvah »
Incest with a Paternal Aunt
Negative Commandment 340
Translated by Berel Bell
The 340th prohibition is that one is forbidden from having relations with one's father's sister.
The source of this commandment is G‑d's statement,1 "do not commit incest with your father's sister."
For this prohibition the punishment is kares if intentional, and a sin-offering if unintentional.
FOOTNOTES
1.Lev. 18:12.
-------------------------------------Negative Commandment 341
Incest with a Maternal Aunt
"You shall not uncover the nakedness of your mother's sister"—Leviticus 18:13.
It is forbidden to have incestuous relations with one's mother's sister.
Full text of this Mitzvah »
Incest with a Maternal Aunt
Negative Commandment 341
Translated by Berel Bell
The 341st prohibition is that one is forbidden from having relations with one's mother's sister.
The source of this commandment is G‑d's statement,1 "do not commit incest with your mother's sister."
For this prohibition the punishment is kares if intentional, and a sin-offering if unintentional.
FOOTNOTES
1.Lev. 18:13.
-------------------------------------Negative Commandment 342
Incest with an Uncle's Wife
"You shall not come near his wife; she is your aunt"—Leviticus 18:14.
It is forbidden to have incestuous relations with one's father's brother's wife.
Full text of this Mitzvah »
Incest with an Uncle's Wife
Negative Commandment 342
Translated by Berel Bell
The 342nd prohibition is that one is forbidden from having relations with one's father's brother's wife.
The source of this commandment is G‑d's statement,1 "do not commit incest with his wife, for she is your aunt."
For this prohibition the punishment is kares if intentional, and a sin-offering if unintentional.
FOOTNOTES
1.Lev. 18:14.
Negative Commandment 343
Incest with a Daughter-in-Law
"You shall not uncover the nakedness of your daughter-in-law"—Leviticus 18:15.
It is forbidden to have incestuous relations with one's daughter-in-law.
Full text of this Mitzvah »
Incest with a Daughter-in-Law
Negative Commandment 343
Translated by Berel Bell
The 343rd prohibition is that one is forbidden from having relations with one's son's wife.
The source of this commandment is G‑d's statement,1 "do not commit incest with your daughter-in-law."
For this prohibition the punishment is stoning.2 If the act was intentional, but there was no valid testimony or no one knew of the transgression, the punishment is kares. If it was done unintentionally, a sin-offering is brought.
FOOTNOTES
1.Lev. 18:15.
2.See note to N320.
Negative Commandment 344
Incest with a Brother's Wife
"You shall not uncover the nakedness of your brother's wife"—Leviticus 18:16.
It is forbidden to have incestuous relations with one's brother's wife.
Full text of this Mitzvah »
Incest with a Brother's Wife
Negative Commandment 344
Translated by Berel Bell
The 344th prohibition is that one is forbidden from having relations with one's brother's wife.
The source of this commandment is G‑d's statement,1 "do not commit incest with your brother's wife."
For this prohibition the punishment is kares if intentional, and a sin-offering if unintentional.
FOOTNOTES
1.Lev. 18:16.
Negative Commandment 345
Incest with a Wife's Sister
"And you shall not take a woman with her sister"—Leviticus 18:18.
It is forbidden to have incestuous relations with one's wife's sister—as long as the wife is alive [i.e. after her death, it is permitted to marry her sister].
Full text of this Mitzvah »
Incest with a Wife's Sister
Negative Commandment 345
Translated by Berel Bell
The 345th prohibition is that one is forbidden from having relations with one's wife's sister, during one's wife's lifetime.
The source of this commandment is G‑d's statement,1 "do not marry a woman and [then take] her sister."
For this prohibition the punishment is kares if intentional, and a sin-offering if unintentional.
FOOTNOTES
1.Lev. 18:18.
-----------------------------------
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Halacha 1
It is a positive commandment to rest from performing agricultural work or work with trees1 in the Sabbatical year, as [Leviticus 25:2] states: "And the land will rest like a Sabbath unto God" and [Exodus 34:21] states: "You shall rest with regard to plowing and harvesting."2
When a person3 performs any labor upon the land or with trees during this year, he nullifies the observance of this positive commandment and violates a negative commandment,4as [Leviticus 25:4] states: "Do not sow your field and do not trim your vineyard."
Halacha 2
Halacha 3
Trimming is considered in the category of sowing.7 And harvesting fruit is considered in the category of harvesting grain. If so, why did the Torah single them out?8 To teach that one is liable [for lashes] for performing these two derivatives alone. For the other derivatives that involve working the land9 and the other major categories of labor that were not mentioned explicitly [by the Torah] in this context, one is not liable for lashes. He is, however, given stripes for rebellious conduct.
Halacha 4
Halacha 5
We do not plant even non-fruit-bearing trees in the Sabbatical year. Nor may one cut an abnormal outgrowth from a tree, remove dried leaves and branches, apply dust to the top of a tree,13 or smoke a tree so that worms [that infest it] die.14[Similarly,] one should not apply a foul-smelly potion to plants so that birds will not eat them when they are soft. One should not apply oil to unripened fruit, nor should one perforate them. 15 One should not bind plants,16 nor trim them, nor prepare a support for a tree of perform any other work with trees. If one performs any of these labors in the Sabbatical year, he is given stripes for rebellious conduct.
Halacha 6
One may not light a fire in an overgrowth of reeds, because this is considered as working the land.17 We train a cow to plow only in sand.18 We do not test [the viability of] seeds in a flowerpot full of earth,19 but we may test them in a flowerpot full of dung.20 One may soak seeds in the Sabbatical year in order to plant them in the following year.21 We maintain aloe22 plants on top of the roof,23 but we do not water them.24
Halacha 7
Halacha 8
We may irrigate a beit hashilechin, i.e., a field that is sown [with grain] that is very arid, in the Sabbatical year.28 Similarly, we may cause water to flow from one tree to another in an orchard if there were ten trees dispersed in an area larger than that necessary to sow a se'ah [of grain].29 One should not, however, irrigate the entire orchard.30 If they are closer to each other than that, one may irrigate the entire orchard for them.31
Similarly, [when trees grow in] a field where they are planted distant from each other,32 we can sprinkle the earth with water for the sake of the trees that they will not be ruined.
Halacha 9
Halacha 10
Why were all these activities allowed? For if he will not irrigate [the field], the land will become parched and all the trees in it will die. Since the prohibition against these activities and the like is Rabbinic in origin, they did not impose their decrees in these instances.35 For according to Scriptural Law, a prohibition applies only to the two primary categories and their two derivatives, as explained.36
Halacha 11
When the number of those who impose their desires by force increased and the gentile kings required the Jews to supply food37 for their soldiers, [the Sages] permitted [the people] to sow only those crops that are necessary for the servants of the king alone.38 Similarly, if a person of force compelled someone to perform labor in the Sabbatical year without pay, for the service of the king or the like, he may do so.39
Halacha 12
When a person plants [crops] during the Sabbatical year whether in inadvertent or willful violation, he should uproot them, because the Jews are suspect with regard to [the prohibitions of the] Sabbatical year.40 If we would allow a person who [sowed] inadvertently to keep the crops, a person who [sowed] intentionally would say: "I did so inadvertently."41
Halacha 13
When one plows his field, breaks its ground,42 or fertilizes it43in the Sabbatical year so that it will be better to sow in the following year, we penalize him and [prohibit] him from sowing it in the following year. He may not hire it out to others. Instead, he must leave it fallow. If he dies, however, his son may sow it.44
14 When a person removes thorns from his field in the Sabbatical year to improve it for the following year or removes stones from it, even though he is forbidden to do so,45 we do not penalize him. He is permitted to sow it in the following year.
Halacha 15
[The following laws apply when a person] buries turnips, radishes, and the like46 in the Sabbatical year. If some of their leaves were revealed, he need not be concerned.47 If not, it is forbidden.48 When someone buries wild onions or the like, he should place at least four kabbim in the height of a handbreadth49and place a handbreadth of earth above them. He should bury them in a place where people walk so that they will not grow.
It is permitted to rip off the protruding stalks of rice in the Sabbatical year,50but one should not cut them off.
Halacha 16
At the outset, [the Rabbis] would say: A person may gather wood, stones, and grass from his field, provided he takes the larger ones51 alone, so that his intent is not to clear the land,52 but from his colleague's field, he may take small and larger pieces.53 When there was an increase in the number of transgressors, i.e., people who intended to clear their fields, but would excuse themselves, saying: "We are only taking the larger pieces," they forbade a person from gathering wood and stones from his own field, [permitting this] only from a colleague's field.54 Even then, [the leniency was granted] only when he does not do so in order that he exchange the favor,55 i.e., he does not tell his colleague: "See how much of a favor I did for you, for I have cleared your field."
Halacha 17
When a person's animal is standing in his field, he may gather [all types of grasses]56 and bring them to it, for [the presence of] his animal indicates his [intent].57 Similarly, if his cooking range is located there, he may gather everything58 and kindle it, for [the presence of] his range indicates his [intent].
Halacha 18
If a person cuts down a tree or two to use as wood,59 he may dig out their roots.60 If he cuts down three or more next to each other, he should not dig out their roots, because then he is improving his land.61 Instead, he should cut off the portion above the earth and leave the roots in the ground.
When does the above apply? In one's own field. In one's colleague's field, by contrast, it is permitted to dig out the roots.62
Halacha 19
Halacha 20
One who trims the ends of branches of vines and cuts down reeds, may cut them in his ordinary pattern with a hatchet, a sickle, or a saw, or with any other utensil he desires.65
Halacha 21
One should not chop wood from a wild fig tree from which wood has never been cut before66 in the same way as one cuts wood from it in other years, because trimming a tree is [one of the forbidden] tasks involved with trees, for through trimming the tree, it will grow and increase. If he needs its wood, he should trim it in an unusual manner.
FOOTNOTES
1.
Sefer HaMitzvot (positive commandment 135) and Sefer HaChinuch (mitzvah 112) includes this commandment among the 613 mitzvot of the Torah.
There is a difference of opinion among the commentaries if the mitzvah is incumbent on the gavra (the person himself) or on the land (the cheftza, the object). The commentaries note that the Rambam's wording in this halachah indicates that the mitzvah is on the person, he should rest. Nevertheless, the wording he uses when enumerating the mitzvot - that "the land should rest" - puts the emphasis on the land.
2.
The citation of this verse reflects a general principle in the Mishneh Torah: that the Rambam will occasionally favor the understanding of a verse proposed by the Jerusalem Talmud even though the Babylonian Talmud interprets it otherwise. To explain: the Babylonian Talmud (Mo'ed Kattan 4a) inteprets this verse as a prohibition to work the land on the Sabbath. It is the Jerusalem Talmud (Sh'vi'it 1:3) which understands it as referring to the Sabbatical year.
From Chapter 4, Halachah 1, it appears that here the Rambam is speaking of harvesting for the sake of improving the land, not for gathering its crops. The intent appears to be that harvesting produce will enable the land to produce better produce in the future.
3.
This mitzvah is incumbent both on men and women.
4.
Sefer HaMitzvot (negative commandment 220) and Sefer HaChinuch (mitzvah 326) include this commandment among the 613 mitzvot of the Torah.
5.
As indicated by Halachah 20 and notes, the intent here is trimming the top of the tree and not the end of its branches.
6.
The term betzirah whose root is used inLeviticus 25:5 is usually employed specifically with regard to harvesting grapes. Nevertheless, in a wider sense, it refers to harvesting any fruit.
7.
Because like sowing, trimming contributes to the growth of the tree (Radbaz).
8.
In Leviticus 25:5: "The aftergrowth of your harvest you shall not reap and the grapes you had designated you shall not gather."
9.
And performing work with trees.
10.
Plowing is explicitly mentioned in the positive commandment for observing the Sabbatical year, but not in the prohibition.
Although Mo'ed Kattan 3a uses techniques of Biblical exegesis to show that other labors are forbidden, the Rambam considers these teachings merely as asmachteot, citing a verse as support for a concept forbidden by Rabbinic Law.
11.
To improve the land, not because he needs the stones. See Chapter 2, Halachah 10.
12.
Implants the head of a branch of a vine or tree in the ground so that roots will grow to improve its nurture.
13.
In his Commentary to the Mishnah (Sh'vi'it2:2), the Rambam writes that this is beneficial for certain trees.
14.
As will be explained (see Halachah 7), we are permitted to perform labor to maintain a tree's wellbeing. These activities, however, are intended to foster its growth.
15.
Both of these activities speed their ripening (ibid.:5).
16.
Bind their branches so that they grow upward rather than spread out (ibid.:6).
17.
For this prepares the land on which they grow to be used to plant crops.
18.
And not on land that could be used for crops in which instance, the plowing would benefit him.
19.
For this resembles sowing them.
20.
Because we do not usually sow in dung.
21.
For this does not involve working with the land.
22.
A fragrant herb, also used for medicinal purposes.
23.
I.e., prevent them from being damaged. The Radbaz questions why the aloe plant is singled out; seemingly the same principle applies with regard to all plants. He explains that since the aloe grows on the roofs, it is in need of shade. Our Sages permitted a person to construct a shelter to protect the aloe from the sun. This is not considered as forbidden labor.
24.
For that would promote their growth, not merely maintain them.
25.
Chulin 78a states that this is intended to attract notice to the tree and cause people to pray that its fruit do not fall prematurely. This is permitted because it does not involve caring for the tree.
26.
This weakens the tree's strength and thus prevents it from causing its fruit to fall prematurely (ibid.). Since it weakens the tree, it is permitted.
27.
The Kessef Mishneh quotes Rashi (Mo'ed Kattan 3a) who explains that the words oderand kishkush are synonymous. The difference is only with regard to the type of plants.
28.
For otherwise all the trees in the field will die, as stated in Halachah 10.
29.
Hilchot Shabbat 16:3 defines an area in which a se'ah of grain is sown as 50 cubits by 50 cubits. This leniency is permitted to make sure that the trees do not die.
30.
Since it is unnecessary to do that to provide the individual trees with water.
31.
For that is the most effective way of watering the trees, since they are close to each other.
32.
I.e., ten in an area larger than 50 cubits by 50 cubits. Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 2:10).
33.
Our translation is based on the Rambam's Commentary to the Mishnah (Mo'ed Kattan1:1).
34.
Our translation is based on the Rambam's Commentary to the Mishnah (Kelayim 5:4).
35.
So the trees will not die.
36.
In Halachot 2-3.
37.
Our translation is based on the authoritative manuscripts and early printings of theMishneh Torah. The standard publish text follows a slightly different version.
38.
This leniency was granted even though sowing is forbidden by Scriptural Law. It must, however, be emphasized that (as stated in Chapter 10, Halachah 9), from the later years of the First Temple period, the observance of the Sabbatical year only had the status of Rabbinic commandment. The Radbaz maintains that such leniency would be granted even if the Scriptural ordinance was in effect.
39.
For since he is being threatened, it makes no difference whether the person threatening him is a king or an ordinary person. Since there is danger involved, leniency is granted (Radbaz, Kessef Mishneh).
The Kessef Mishneh emphasizes that this leniency is granted only when the person does not receive payment for his activity. He is forbidden to take payment, even if he is being compelled for then a person could perform such labors and excuse himself, claiming that he was compelled to do so.
40.
There are many who sow their fields and reap their crops. See Chapter 8 which lists many safeguards instituted for that reason.
41.
Terumot 2:3 contrasts sowing on the Sabbath with sowing during the Sabbatical year, explaining that the Jews are not suspect to violate the Sabbath. Hence, the results of the inadvertent violation of the Sabbath laws are not forbidden.
42.
This is the translation of the word nirah, based on the Rambam's Commentary to the Mishnah (Sh'vi'it 4:3, Pe'ah 2:1). The term differs from plowing in that it is a far less thorough activity. See Rashi's gloss toJeremiah 4:3 which explains that it refers primarily to the removal of weeds, thorns, and the like.
43.
In his Commentary to the Mishnah (Sh'vi'it4:2), the Rambam explains that this applies even if the field is fertilized by making it a corral for animals, so that their manure will fertilize it and improve its quality.
44.
For the penalty is imposed on him personally, not on the land. Note the contrast to Chapter 3, Halachah 11.
45.
As stated in Halachot 4 and 16.
46.
In these eras, there was no refrigeration and vegetables would be preserved by placing them in the ground.
47.
As long as the leaves are revealed, one is not planting in the ordinary manner (Radbaz). Burying the plants in this manner is permitted, because he does not desire that the plants grow in the earth; they are merely buried there [the Rambam's Commentary to the Mishnah (Kilayim 1:9)].
48.
Because he appears to be planting them.
49.
If they are not packed so densely, burying them resembles planting [ibid. (Sh'vi'it 5:2)].
50.
Our translation is based on Rav Kappach's notes to the Rambam's Commentary to the Mishnah (ibid. 2:10). There the Rambam explains the term yichsech, but does not explain the term mereis. The Radbaz and the Kessef Mishneh interpret the latter term as meaning that it is permitted to sprinkle water on the rice plants. The contrast to the following clause supports Rav Kappach's interpretation.
51.
Those that stick out and attract attention [the Rambam's Commentary to the Mishnah (Pe'ah 6:11; Sh'vi'it 4:1)].
52.
I.e., when clearing the land, one takes smaller stones and pieces as well as larger ones, so that the land will not have any foreign matter upon it.
53.
For we do not suspect that he will be intending to clear his colleague's field.
54.
It would appear that a person would be permitted to gather both larger and small pieces from his colleague's field. The Radbaz, however, grants this leniency only with regard to larger pieces.
55.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 4:1). There he emphasizes that the person clearing the field is expecting something in return.
56.
Not only the large ones permitted in the previous halachah. Even though the person's field will be cleared in this manner, since this is not his intent, and the labor of clearing a field involves merely a Rabbinic prohibition, stringency was not enforced.
57.
That he is seeking to provide his animal with food and not clear his field.
58.
The Radbaz states that this leniency is granted only when the owner takes both the large and small pieces. If he takes only small pieces, it is forbidden because he is obviously intending to clear his field.
59.
See Chapter 5, Halachot 17-18, which restricts cutting down trees for kindling once they have begun to grow fruit.
60.
Even though it involves work with the land, since he desires the wood, it is permitted.
61.
The place where three trees can grow is significant and can be used for planting. Thus by removing the stumps, it is as if he is clearing a field for himself [the Rambam's Commentary to the Mishnah (Sh'vi'it 5:4)].
62.
The intent is not that one has uninhibited license to cut down a colleague's tree even in the Sabbatical year. Instead, if the tree has been cut down, one may uproot the stump.
63.
This law also applies to other species. SeeSh'vi'it 4:5 and the gloss of the Ra'avad.
64.
This is forbidden by Scriptural Law.
65.
In his Commentary to the Mishnah (Sh'vi'it4:7), the Rambam explains that there is no need for a deviation in the way he trims the branches, because he is not intending to trim the tree. To explain his statements: Although trimming is one of the activities forbidden by Scriptural Law, this refers to trimming the top of the tree, not the ends of its branches (Tifferet Yisrael to the above mishnah).
66.
Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 5:5)].
67.
For cutting these branches is not that beneficial to the tree (Bava Batra 80b).
68.
Here, also, our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 5:5)], which quotes I Samuel 15:33as support.
69.
I.e., that the split will be healed. This is forbidden, because this would be improving the tree.
70.
This is permitted, because this is maintaining the tree.
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Halacha 1
The bleeding of niddah, the bleeding of zivah, the bleeding before childbirth,1the pure blood that follows childbirth,2 are all one type of bleeding. They [all] come from the uterus, from the same source. The laws applying [to this bleeding], however, change according to the time [and circumstance],3causing the woman who discovers the bleeding to be considered as pure, aniddah, or a zavah.
Halacha 2
What is implied? When a woman menstruates for the first time or when she menstruates at the fixed time at which it has been established that she will menstruate,4 she is a niddah for seven full days. [This applies] whether she continues to bleed throughout the seven days or she only discovered one drop of blood. If she discovers blood on the eighth day, this is the blood ofzivah, because it comes "outside the time for niddah" [Leviticus 15:25].5
Halacha 3
Any blood that is discovered between one fixed time that a woman can be expected to menstruate and the next fixed time that she can be expected to menstruate is the blood of zivah. It is a halachah transmitted to Moses on Sinai that there are no more than eleven days between one menstrual bleeding and an another.
Halacha 4
All of the seven days beginning with the day on which a fixed time that a woman can be expected to menstruate was established are called "the days of niddah." [This applies] whether the woman menstruates or not.6 Why are they called "the days of niddah"? Because they are fit [for a woman to be considered] a niddah? Any blood discovered during these days is considered as the blood of niddah.
Halacha 5
The eleven days that follow these seven are called "the days of zivah." [This applies] whether the woman discovers bleeding or not. Why are they called "the days of zivah"? Because they are fit [for a woman to be considered] azivah? Any blood discovered during these days is considered as the blood ofzivah. Take care with regard to these names: "the days of niddah" and "the days of zivah."
Halacha 6
Throughout her entire life, from the time she establishes a time when she can be expected to menstruate until she dies or until she transfers the time she can be expected to menstruate to another date,7 she should count seven days from the beginning of the day when she could be expected to menstruate and eleven days after them. Afterwards, [she counts] another seven days and another eleven days.8
Take care of this reckoning so that you will know [a woman's status] if she discovers blood. Was it in the days of niddah or the days of zivah? For throughout a woman's entire life, she [follows the same pattern]: seven days of niddah and eleven days of zivah unless the pattern was interrupted by a birth, as will be explained.9
Halacha 7
When a woman discovers uterine bleeding during the days of zivah for only one day or for two consecutive days, she is called a minor zavah,10and she is called one who watches a day for a day.11 If she discovered [uterine bleeding] for three consecutive days, she is a zavah in the complete sense of the term. She is called a major zavah or merely referred to as a zavah without any further description. [This is derived from Leviticus 15:25]: "When a woman will have a flow of blood for many days...." The minimum implied by the plural form, "days," is two. "Many" indicates [at least] three.
Halacha 8
There is no difference between a major zavah and a minor zavah except the counting of seven ["spotless" days] and the necessity to bring a sacrifice. For a major zavah must count seven "spotless" days [before immersing to regain ritual purity] and a minor zavah need only count one day. And a major zavahmust bring a sacrifice when she purifies herself12 and a minor zavah need not. They are both impure and the prohibition against relations applies to both of them equally.
Halacha 9
What is implied? If she discovered blood in the days of zivah - whether she discovered it in the beginning of the night or she discovered it at the end of the day - that entire day, she is impure. It is as if the bleeding did not cease from the time she discovered it until the sun sets. She should watch herself throughout the night.13If there are no signs of bleeding at night, she should arise in the morning and immerse herself after sunrise.14 She should watch herself for the entire day. If there are no signs of bleeding,15 there is then a pure day to compensate for the impure day and she is permitted to her husband at night.
Halacha 10
If she discovered [uterine] bleeding also on the second day, whether at night or whether during the day, after she immersed herself, that second day is also impure and she must watch herself for the entire third night. If there are no signs of bleeding at night, she should arise in the morning and immerse herself after sunrise. She should watch herself for the entire day.16 If there are no signs of bleeding, there is then a pure day to compensate for the two impure days17 and she is permitted to her husband at night.
Halacha 11
If she discovered [uterine] bleeding on the third day, whether during the day or at night, she is a major zavah and she must count seven pure days when there is no uterine bleeding [at all], as [Leviticus 15:28] states: "She must count seven days for herself." She immerses herself on the seventh day after sunrise and is permitted to her husband at night. On the eighth day, she brings her sacrifice, two turtle doves or two doves.
Halacha 12
Halacha 13
When a person has relations with a major zavah after she immersed herself on the seventh day of her counting [of "spotless" days] or with a minor zavahafter she immersed herself on the day on which she must watch herself, he is not liable for kerait, because she immersed herself at the time she was fit to immerse herself when regaining ritual purity.20 This woman, however, possessed improper culture, for relations with her and things she touches are tenative.21
Halacha 14
What is meant by their being "tentative"? If the day on which she immersed herself is completed without her discovering any uterine bleeding, everything which she touched after she immersed herself is ritually pure and there is no liability for relations with her. If, however, she discovers blood on this day after immersing herself, she is considered as a zavah retroactively. Anything which she touched is retroactively considered as impure and she and the man who engaged in relations with her are obligated to bring a sacrifice.22 Therefore she is forbidden to her husband until the evening, lest she bring herself to a situation involving doubt.
Halacha 15
Halacha 16
If [a woman] discharges semen25 during the days she is counting, she invalidates one day. She is like a zav who has a seminal emission who invalidates one day [in his counting].26
If she discovered uterine bleeding on the tenth, eleventh, and twelfth days of her "days of zivah," she is not considered a major zavah. Instead, from the state of a minor zavah, she becomes a niddah. For the twelfth day is the beginning of her days of niddah27 and a woman who discovers bleeding in her days of niddah does not become a zavah, as we explained.28
Halacha 17
What is the intent of the Torah's wording [Leviticus 15:25]: "After the time forniddah"? That if she discovered bleeding on the three days that follow herniddah [bleeding], she is a zavah,29 i.e., she discovered bleeding on the eighth day after the onset of the days of niddah, the ninth day, and the tenth day, i.e., the first three of the eleven days of zivah.
[The following laws apply if a woman] discovers bleeding on the eleventh day of zivah and she immersed herself in the evening on the night of the twelfth day and engaged in relations.30 Although she is impure and the man who engaged in relations with her becomes impure and the laws regarding the impurity of the places where they both sit and lie apply, the couple are not liable for kerait. [The rationale is that] the twelfth day is not joined with the eleventh day for her to be considered a zavah. Her immersion that night is effective in saving her from [being liable to bring] a sacrifice.31
Halacha 18
If she immerses herself on the twelfth day after sunrise, she is forbidden to her husband until the evening as is the law with regard to any minor zavah.32If [her husband] transgresses and engages in relations with her, neither of them are liable at all.33 Even if she discovers blood on the twelfth day after they engaged in relations it is of no significance. For this is the blood of niddahand it is not associated with [the bleeding of] the previous day.
Halacha 19
If she discovers bleeding at the conclusion of her seventh day of niddahduring bein hashamashot,34 and then discovers bleeding on the ninth day and the tenth day, there is an unresolved doubt if she is considered a [major]35zavah.36 For perhaps the [blood] discovered at first was on the eighth night and thus it is as if she discovered blood on three consecutive days at the beginning of her days of zivah.
Similarly, if she discovered bleeding on the ninth and tenth days of her days ofzivah and discovered bleeding again at the conclusion of the eleventh day during bein hashamashot, there is an unresolved doubt if she is considered a [major] zavah. For perhaps the final discovery [of bleeding] was on the eleventh day and she will have discovered [bleeding] on three consecutive days during her days of zivah.
Halacha 20
When a niddah inspects herself in the midst of her days of niddah and discovers that her bleeding has ceased, even if it ceased on the second37 day of her menstrual period, and either, inadvertently or intentionally, did not inspect herself again until many days after her [days of] niddah and discovers impurity,38 we do not say that she was impure for all those days and [hence,] she is a zavah.39 Instead, throughout the entire time that she did not inspect herself, we operate under the presumption that she is pure.40
If she inspected herself and found impurity, even if she checked herself on the seventh of her days of niddah, if she did not inspect herself again [before] bein hashamashot to separate herself from the impurity of niddah, but instead waited [several] days and afterwards inspected herself and found that she was pure, there is an unresolved doubt if she is considered a [major] zavah.41
If she discovered impurity, she is definitely a zavah. [The rationale is that since] at the beginning she discovered impurity and at the end, she discovered impurity, we operate under the presumption that she did not stop bleeding.42
On the first day of menstruation, even though a woman [conducted an inspection and] found that she was pure, it is as if she discovered impurity. For on the first day of menstruation, we operate under the presumption that a woman's flow will continue.43
Halacha 21
When a zavah inspects herself on the first day of [the seven days]44 she must count and finds herself pure and then did not inspect herself until the seventh day and found that she was pure, she can be assumed to be pure.45 It is as if she inspected herself for all of the seven days and discovered herself to be pure.
Halacha 22
Similarly, if she inspects herself on the first day of [the seven days] she must count and finds herself pure and [inspects herself] on the eighth day and found that she was pure, she can be assumed to be pure.46
If she checked herself on the third day of zivah and discovered that the bleeding had ceased, but did not check herself on the first day of counting and then checked herself on the seventh day, she can be assumed to be pure.47
The same laws apply to a zav48 with regard to all these inspections if he finds himself pure and it is considered as if he counted these days.
Halacha 23
Whenever there is a doubt whether a woman is niddah or a zavah, she must count seven "spotless" days49 because of the doubt. She immerses herself on the night preceding the eighth day50 Afterwards, she is permitted to her husband. She must bring the sacrifice of a zavah, but it is not eaten as will be explained in the appropriate place.51
FOOTNOTES
1.
See Chapter 7, Halachah 1.
2.
See Chapter 4, Halachah 2,5.
3.
Niddah 96b states: "It [comes from] one source. [Here,] the Torah ruled it impure, and [here,] the Torah ruled it pure."
4.
I.e., this is speaking about a woman who has a regular day of the month or interval at which she menstruates.
5.
I.e., in addition to the impurity associated with niddah, ordinary menstrual bleeding, the Torah establishes a category of impurity when a woman suffers uterine bleeding at times other than the days she is a niddah. This category is referred to as zivah. A woman enters this category when she suffers uterine bleeding between the day following the seven days associated with her ordinary menstrual bleeding and the eighteenth day following those days. As will be explained in the commentary to the following halachot, there is a difference of opinion between the Rambam and the otherRishonim with regard to the definition of these seven days.
6.
As will be explained, according to the Rambam, the definition of days as "the days of niddah" is not dependent on whether a woman actually menstruates or not, but on the day when, according to the schedule established previously, she could be expected to menstruate.
7.
As occurs after birth, as stated in Chapter 7, Halachah 2.
8.
The simple meaning of the Rambam's words is that the same 18 day pattern - 7 daysniddah, 11 days zivah - continues throughout a woman's life whether or not she menstruates on those days or not. When she menstruates she must see whether she is in the midst of the days ofniddah or the days zivah and follow the appropriate laws.
Rashi and Ramban offer a different interpretation. According to their view, the day's of niddah and zivah depend on a woman's circumstances each month. When she menstruates, she begins the days ofniddah. If she continues bleeding beyond seven days or if she discovers uterine bleeding after these seven days (but within the next eleven days), she becomes azavah. She remains in that category until seven "spotless" days pass. After those seven days, when she discovers uterine bleeding again, she becomes a niddah. Similarly, if she does not discover uterine bleeding within the eleven days, the next time she discovers uterine bleeding, she is considered as a niddah.
There are Talmudic passages which appear to support both positions. The position of Rashi and the Ramban appears to be closer to a woman's actual physical pattern and the commentaries question why the Rambam - a doctor - did not take note of this dimension. The Tur (Yoreh De'ah 183) follows the view shared by Rashi and the Ramban. In practice, however, this difference of opinion is not relevant at all, for as stated in Chapter 11, at present, Jewish women have accepted the stringency of counting seven "spotless" days whenever they discover even the slightest uterine bleeding. Hence, whatever their status actually is, they will certainly not transgress.
9.
Chapter 7, Halachah 2.
10.
The distinctions between a minor zavah and a major zavah are discussed in the following halachah.
11.
As indicated in the following two halachot, the intent is that for the day(s) she is impure, she must observe one "spotless" day.
12.
See Hilchot Mechusrei Kapporah, ch. 1, for a description of this sacrifice.
13.
I.e., take note if there is any bleeding. It is sufficient to check and see on the following morning if there are any signs of bleeding.
14.
She may not, however, touch any articles that are ritually pure or engage in relations with her husband until nightfall, as explained in Halachot 13 and 14.
15.
If, however, there are signs of bleeding, her immersion is disqualified retroactively and it is as if she was impure for the entire day.
16.
Lest she discover uterine bleeding and become impure retroactively.
17.
The one day is sufficient. There is no need for two days, one for each of the impure days.
18.
See Rabbi Akiva Eiger who questions whether the Rambam would accept the immersion of a woman who immerses herself between dawn (alot hashachar) and sunrise.
19.
I.e., the immersion must be made after sunrise.
20.
Even if she later discovers uterine bleeding and is therefore considered impure, they are not considered to have transgressed intentionally, because at the time, the woman was potentially in a state of ritual purity.
21.
I.e., as stated in the following halachah, she can retroactively be considered impure.
22.
For inadvertently violating the transgression against relations with a zavah.
23.
If, however, the bleeding is not discovered until after nightfall, she is considered to have regained ritual purity and then become impure anew as a minor zavah.
24.
I.e., it is not only that she loses the one day; all of the days that she had counted previously are also invalidated. The seven "spotless" days must be consecutive [Shulchan Aruch (Yoreh De'ah 196:10)].
25.
I.e., she engaged in relations with a man and then discharged his semen from her vagina. This is speaking about a situation in which the couple engaged in relations when forbidden. Alternatively, she engaged in relations before becoming a zavah and discharged the semen after entering that state of impurity. For the semen to render her impure, it must be less than three full days old. See Shulchan Aruch (Yoreh De'ah196:11).
26.
See Hilchot Mechusrei Kapparah 3:2.
27.
As stated in Halachot 5 and 6, there are only eleven days of zivah. Afterwards, the days of niddah begin again.
28.
See Halachah 4 which states: "Any blood discovered during these days is considered as the blood of niddah." Thus she will have only discovered blood on two days of zivah. That is not sufficient to render her a majorzavah.
29.
I.e., we do not say that her menstrual bleeding is extended. Instead, this bleeding is considered as a new phase, governed by different laws.
30.
For she is required to wait for one "spotless" day before engaging in relations (Ra'avad). The Maggid Mishneh explains that this is a Rabbinic requirement.
31.
Needless to say, however, she is forbidden to engage in such relations.
32.
By Rabbinic Law as stated in Halachah 14 and notes. She may, however, touch articles that are ritually pure, as stated in Hilchot Mitamei Mishkav UMoshav 5:8.
33.
Since she immersed herself, her previous impurity departs and any new bleeding is not associated with the bleeding of zivah as the Rambam continues to explain.
34.
The period between sunset and the appearance of three stars. There is an unresolved doubt among the Rabbis if this time is considered as the conclusion of the previous day, the beginning of the following day, or a separate time of its own. SeeHilchot Shabbat 5:4.
35.
I.e., she is certainly a minor zavah.
36.
She must count seven "spotless" days before engaging in relations. Also, she brings a sacrifice, but it is not eaten, as explained in Hilchot Mechusrei Kapparah1:6.
37.
On the first day, however, such an inspection is of no consequence, for as the Rambam states at the conclusion of the halachah, on the first day, we assume that she will continue to bleed.
38.
I.e., uterine bleeding.
39.
I.e., we do not consider her to have bled for the entire time from the time she first inspected herself until the time that she discovered the bleeding.
40.
I.e., we say that the uterine bleeding did not begin until it was discovered. This reflects a general principle: Once uterine bleeding is known to have stopped, we do not think that it has begun again until it is discovered. TheMaggid Mishneh explains that this law applies whether the woman immersed herself or not.
41.
For perhaps she had continued bleeding from the conclusion of her days of niddahuntil shortly before she made an inspection. We have no way of knowing either way and hence, give her the status of a zavahbecause of the doubt.
42.
Although we do not have certain evidence that she continued to bleed for this entire time, we operate under that assumption for the reason the Rambam mentions.
43.
From the statements of the Shulchan Aruch(Yoreh De'ah 196:2) and the notes of theDagul Mervavah, it would appear that if the woman's flow stops in the late afternoon of the first day, it is considered to have ceased.
44.
After making a hefsek taharah, an inspection that determines that the bleeding has ceased on the previous afternoon, before sunset.
45.
Nevertheless, at the outset, a woman should inspect herself twice on each of these seven days [Shulchan Aruch (Yoreh De'ah 196:4)].
46.
I.e., despite the fact that she waited an extra day and did not immerse herself as soon as she was allowed, she is still considered as pure.
47.
See Shulchan Aruch (Yoreh De'ah 196:4) which mentions a difference of opinion on this matter, quoting also the opinion of Sefer Mitzvot Gadol who maintains that one must make an inspection on both the first and the seventh day.
48.
Who must also inspect himself and count seven "spotless" days. See Hilchot Mechusrei Kapparah, ch. 3.
49.
As is required of a zavah.
50.
Like a niddah who may not immerse herself during the day.
51.
Hilchot Mechusrei Kapparah 1:6.
Issurei Biah - Chapter Seven
Halacha 1
When a pregnant woman begins to feel pain, the labor pains take hold of her, and there is a flow of blood before she gives birth, that bleeding called "the blood of the throes."
What are the laws that govern it? If it comes during her days of niddah, it is considered as niddah bleeding and she is impure as a niddah. If it comes in her days of zivah, she is pure.1 [This is derived from Leviticus 15:19]: "When blood flows within her flesh." According to the Oral Tradition , we learn that the bleeding must come from herself, and not because of a child.
[The above applies] provided she gives birth to a living child. If, however, she miscarries, [the laws of "the blood of] the throes" do not apply.
Even if the blood is flowing together with contractions and pain for fourteen days2 before she gives birth, this is considered as "the blood of the throes" and she is pure. If, however, the bleeding began fifteen days or more before birth, the bleeding is considered as "the blood of zivah" and the laws that apply to a woman who gives birth while in the state of zivah apply to her.3
Halacha 2
When does the above apply? When the contractions, throes, and pain did not cease, but instead, she continued having difficulty until she gave birth. If, however, she discovered bleeding for three days or more during her "days ofzivah" amid pain and throes, but the pains cease and the throes ease after three days and she is able to remain comfortable for 24 hours or more, she is a zavah.4 For if the bleeding was coming as a result of the child, the pain and the throes would not cease [for that long]. If she gives birth afterwards, the laws that apply to a woman who gives birth while in the state of zivah apply to her.5
Halacha 3
When she discovers bleeding for one day without pain and then for two days with difficulty and then gives birth, [discovers bleeding] for two days without pain and then for one day with difficulty and gives birth, or [discovers bleeding] for one day with difficulty, then for one day without pain, and then for one day with difficulty and gives birth, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her.
If, however, she discovers bleeding for one day with difficulty and then for two days without pain and then6 gives birth, [discovers bleeding] for two days with difficulty and then for one day without pain and gives birth, or [discovers bleeding] for one day without pain, then for one day with difficulty, and then for one day without pain and gives birth, the laws that apply to a woman who gives birth while in the state of zivah apply to her.7
This is the general principle: When there are throes in proximity to birth, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her. When there is ease in proximity to birth, the laws that apply to a woman who gives birth while in the state of zivah apply to her.
Halacha 4
When the third day of her sighting blood is the day on which she gives birth, even if the entire day is characterized by ease, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her. [The rationale is that] the day she gave birth is close to difficulty.8
Halacha 5
What are the laws that apply to a woman who gives birth while in the state ofzivah? She must abide seven spotless days.11 Afterwards, she immerses herself at night and is permitted to her husband. Only then do the laws of "the blood of purity" apply to her. She must bring an offering of a zavah and the offering of childbirth. Accordingly, if she gives birth to a male, even if her bleeding ceases on the day she gives birth, she should count seven "spotless" days and immerse herself. If she gives birth to a female and counts seven "spotless" days which conclude with the fourteen days [she is impure because of] birth or after them, she can immerse herself and she is permitted to her husband. If the days of her counting conclude within the fourteen days, she is forbidden to her husband until the fifteenth night.12
Halacha 6
What is implied? If she discovered bleeding for three days and then counted seven "spotless" days, there are [only] ten days and she remains forbidden to her husband until the fifteenth night.13 For the entire fourteen days, she is like a niddah.
Why do we not require a woman who gives birth while in the state of zivah to count seven "spotless" days after the seven days [of impurity that follow] the birth of a male or the fourteen days [of impurity that follow] the birth of a female?14Because the days following birth and the days of niddah in which blood is not sighted are counted as part of the seven "spotless" days, as will be explained.15
Halacha 7
When a woman who gives birth while in the state of zivah does not cease bleeding,16 [the laws of] "the blood of purity" do not apply to her. Instead, any uterine bleeding is considered as the bleeding of zivah. If, however, she counted seven "spotless" days, completed the fourteen days [following the birth of] a female, and then immersed herself, [the laws of] "the blood of purity" apply to her [should] she sight bleeding during the 40 days following the birth of a male and the 80 days following the birth of a female.17
Halacha 8
If she counted seven "spotless" days, but did not immerse herself immediately and afterwards18 discovered bleeding, she may [nevertheless] immerse herself. She is permitted to her husband immediately, for all of the days of purity are not fit neither for niddah, nor for zivah.19 Nevertheless, until she immerses herself, the blood itself is impure and renders others impure like the blood of niddah.20
Halacha 9
[The following laws apply when a woman] gives birth to a female and after the fourteen days of impurity, she becomes pregnant again. She then [begins to miscarry and] the blood of childbirth begins to flow with the 80 days [of blood of purity]. This is also considered as "pure" blood. Although generally, we do not consider bleeding which precedes miscarriage as bleeding which precedes childbirth,21 [an exception is made in this instance]. For any blood that she sights during the days of purity is pure until she [actually] miscarries. When she miscarries, she becomes impure because of the birth. If [the fetus] she miscarries was male, she is impure as if she gave birth to a male. If [the fetus] she miscarries was female, she is impure as if she gave birth to a female. She counts the days of impurity and then the days of purity from the second "birth."
Even if she was pregnant with twins and miscarried one on one day and miscarried the other after several days passed, she counts days of impurity and days of purity from the second [miscarriage].
Halacha 10
When the flow of a zavah ceases, she begins to count her seven "spotless" days, and then the blood of the throes of childbirth comes in the midst of the "spotless" days, it does not nullify her counting. [On the contrary,] the days of bleeding are counted as part of the seven days.22
Similarly, if she gave birth in the midst of the seven "spotless" days, the birth does not nullify her counting. Indeed, the days of birth can be counted in the seven ["spotless"] days23 even though she is impure. [This is indicated byLeviticus 15:28]: "If she has become pure from her zivah." Implied is that since she has become pure from her zivah - even though she is impure for other reasons, e.g., the impurity of childbirth, the impurity of niddah, or the impurity of tzara'at24 - she may count on them. These types of impurity and the like do not nullify her counting.
Halacha 11
When a woman does not discover bleeding in her niddah days25 and the days following childbirth, they may be counted as part of her seven "spotless" days. If she does discover bleeding during these days, these days are not counted, nor do they nullify her previous reckoning. Instead, she completes her counting, adding to the days counted previously, when her bleeding ceases. For the only bleeding that nullifies a woman's counting is zivah bleeding. These types of bleeding invalidate only that very day.
Halacha 12
After you have understood all the fundamental principles which we have explained, you will be able to comprehend our Sages' statement26 that a woman may discover uterine bleeding for 114 consecutive days without becoming a [major] zavah.
What is implied? [The first days are] the last two days before her days ofniddah.27 [They are followed by] the seven days of niddah, two days [of zivah] which follow the days of niddah,28 14 days of [pre-birth] difficulty, the 80 days associated with the birth of a female, the seven days of niddah, and two days [of zivah] which follow the days of niddah.
From this, one learns that any bleeding that a woman discovers after the completion of the days associated with childbirth marks the beginning of her days of niddah. We do not pay attention to the previously existing times when she would be expected to menstruate.
Accordingly, there is a doubt whether a woman who discovers bleeding bein hashamashot29 is a niddah. For perhaps it is considered as if she discovered the bleeding at night, when her days of niddah could begin.
Halacha 13
We have already explained30 that when a woman continues her niddahbleeding for seven days, she is permitted to engage in relations on the night of the eighth day after she immerses herself.31 A minor zavah who watches herself for one pure day and immerses herself is permitted to engage in relations in the evening. A major zavah must count seven "spotless" days. Then she immerses herself and is permitted to engage in relations on the night of the eighth day. There are only eleven days between [one set of] the "days of niddah" and a second set. During these eleven days, [a woman who discovers uterine bleeding will be either a minor zavah or a major zavah.
Halacha 14
When you will remember all of these fundamental points, you will understand our Sages' statement32 that a woman who has established a fixed [continuous] pattern in which she discovers bleeding on one day and does not discover it on the following day. At the outset, she may engage in relations on the night and day of the eighth day,33 i.e., the first day after her "days ofniddah." [On the whole,] she may engage in relations only four nights34 during eighteen days.35 She may not engage in relations during the days which are pure, because the days must be watched because of the [previous] impure day.36 Accordingly, if on the impure days, she always discovers bleeding at the beginning of the night, she may only engage in relations on the eighth day which is the first day after her "days of niddah."
Halacha 15
If [a woman's established pattern] is to discover bleeding for two impure days and then to experience two pure days, she may engage in relations on the eighth, the twelfth, the sixteenth, and the twentieth.37
Halacha 16
If [a woman's established pattern] is to discover bleeding for three impure days and then to experience three pure days, she may engage in relations on two of the three pure days that follow her "days of niddah." For the first of them must be watched because of the two impure days that following her "days of niddah."38 Afterwards, she may never engage in relations again. For she will be established as a major zavah,39 but will never count seven "spotless" days [to purify herself].40
Halacha 17
Halacha 18
13If [a woman's established pattern] is to discover bleeding for five impure days and then to experience five pure days, she may engage in relations on three days after her ["days of] niddah."43 Afterwards, she may never engage in relations again.
Halacha 19
13If [a woman's established pattern] is to discover bleeding for six impure days and then to experience six pure days, she may engage in relations on five days after her ["days of] niddah."44 Afterwards, she may never engage in relations again.
Halacha 20
If [a woman's established pattern] is to discover bleeding for seven impure days and then to experience seven pure days, she may engage in relations during the first pure week that follows her ["days of] niddah." That is followed by an impure week which establishes her as a zavah.45 The week which follows is required to count [seven "spotless" days] and it is forbidden to engage in relations during it. Thus in four weeks she is allowed to engage in relations for only one week. Throughout her entire life, she may engage in relations for eighteen days in eighteen weeks.46
What is implied? During the fifth week, she is a zavah. The sixth week in which she is pure is required to count [seven "spotless" days]. During the seventh week, she is a zavah. During the eighth week, she must count. During the ninth week, when she discovers bleeding, five of these days are [during her] "days of niddah" and two are [during] the beginning of her "days ofzivah."47 [Hence,] she must watch one day48 of the tenth week and may engage in relations for six [days]. During the eleventh week when she discovers bleeding, two are the conclusion of the days of zivah49 and five are during "the days of niddah." During the twelfth pure week, she may engage in relations for five days.50 During the thirteenth week, she is a zavah. During the fourteenth week, she must count. During the fifteenth week, she is azavah. During the sixteenth week, she must count. During the seventeenth week, she is a zavah. During the eighteenth week, she must count.
She continues to count in this manner forever.51 Thus she will be able to engage in relations on eighteen days in eighteen weeks. If she did not have such a physical difficulty, and she would be a niddah for a week and be pure for eleven days, she would be able to engage in relations for eleven weeks, i.e., 77 days, out of the eighteen weeks.
Halacha 21
When she discovers bleeding for one impure week and then is pure for a week, and thus can engage in relations for eighteen days, this is approximately52 one fourth of the days [on which she would ordinarily be allowed to engage in relations]. This is what our Sages53 [implied when] saying: "She may engage in relations for a fourth of her days."
Halacha 22
If [a woman's established pattern] is to discover bleeding for eight impure days and then to experience eight pure days, she may engage in relations for fifteen days amid 48 days.54
What is implied? Of the first eight days, seven are her "days of niddah" and one is the first of the "days of zivah" that follow the "days of niddah." She must watch one of the eight pure days and can engage in relations on seven of them. Afterwards, come seven impure days. Two of them are the final days of her "days of zivah" and six are in her days of niddah. Then come eight pure days. The first of them is the conclusion of her "days of niddah."55 She may engage in relations on the remaining seven.
Then come eight impure days. Four of them are the final days of her "days ofzivah" and four are in her "days of niddah." Thus she is a major zavah and must count seven "spotless" days. Afterwards, come seven pure days. She counts for seven of them and may engage in relations for one day. Thus she may engage in relations for fifteen days in each 48.56
Halacha 23
If [a woman's established pattern] is to discover bleeding for nine impure days and then to experience nine pure days, she may engage in relations for eight days in every eighteen days forever.57
What is implied? Of the nine impure [days]: Seven of them are her "days ofniddah" and two are "days of zivah" that follow her "days of niddah." She must watch one day58 of the nine pure days and may engage in relations on the remaining eight. This pattern continues forever.
Halacha 24
If [a woman's established pattern] is to discover bleeding for ten impure days and then to experience ten pure days - and the same rules prevail for more than ten, indeed even 1000 days, if the same number of days are pure as impure59 - the number of days when she may engage in relations will equal the number of days [from when she began bleeding]60 as a zavah.
What is implied? If there are ten impure days, seven of them are days ofniddah and three days of zivah. [Therefore on] her ten pure days, she must count seven and may engage in relations on three. Thus there will be three days when she may engage in relations and three days of zivah. Similarly, when she is impure for 100 days and pure for 100 days. The first seven are days of niddah and the following 93 [start on] her "days of zivah." Hence, of her 100 pure days, seven must be counted and she may engage in relations on 93 of them. Similar principles apply with regard to 1000 days or any other number of days.
FOOTNOTES
1.
This law applied in the Talmudic era. As explained in Chapter 11, in subsequent generations, Jewish women accepted further stringencies upon themselves and such bleeding was considered as impure.
2.
Even though there are only eleven "days ofzivah and thus some of this bleeding must come during her "days of niddah," since the bleeding began during the "days of zivah," she is granted an additional leniency. Niddah38b derives this concept through Biblical exegesis.
3.
As explained in Halachot 5-7.
4.
I.e., the bleeding is considered as ordinary "blood of zivah."
5.
As explained in Halachot 5-7.
6.
From the following halachah, the intent appears to be "on the next day," i.e., on the fourth day of this sequence.
7.
As indicated by the general principle the Rambam cites. If the bleeding before birth is not accompanied by pain, it is not coming as a result of the birth.
8.
Since she gave birth on that day, she certainly experienced difficulty on it. For it is impossible to give birth without difficulty. Hence, the bleeding on the third day is attributed to the birth (Kiryat Sefer).
9.
We are not sure if she discharged a fetus without bleeding or merely an extensive amount of bleeding. See Niddah 21b. This reinforces the position that it is possible for the uterus to open without bleeding.
10.
In which instance, she is impure because of the birth. She must, however, count one "spotless" day before immersing herself, because of the two days on which she experienced bleeding.
11.
I.e., seven days without uterine bleeding. This is extremely rare after birth. Hence it is undesirable for a woman to be given this status.
12.
She must immerse herself on the fifteenth night. For within the fourteen days, she is considered as a niddah and her immersion is of no consequence (Kessef Mishneh).
13.
Because of the birth of a female. We do not allow her to immerse herself during the day like a zavah.
14.
Seemingly, that would be necessary, for she is impure at the time she is counting.
15.
In Halachah 11.
16.
For seven "spotless" days.
17.
For once she immersed herself after counting seven "spotless" days, her bleeding is no longer impure, as reflected in the following halachah.
18.
I.e., on the day(s) after the seven "spotless" days and the fourteen days associated with the birth of a female were completed.
19.
Thus the fact that she discovered bleeding does not change her state.
20.
See Hilchot Mitamei Mishkav UMoshav 5:2.
21.
I.e., bleeding which precedes miscarriage renders a woman impure, while bleeding in the throes of childbirth does not.
22.
The Rambam's ruling is based on the concept that since this blood is not impure, there is no reason why it should interrupt her counting. It is only impure bleeding that nullifies a woman's calculations.
The Ra'avad and others differ with the Rambam's ruling, explaining (based onNiddah 37a) that although the blood that precedes childbirth does not nullify a woman's counting, since she sights bleeding on these days, they cannot be considered as "spotless" days and therefore are not included in her reckoning.
23.
Provided she does not discover bleeding on them. If, however, she discovers bleeding, as stated in the following halachah, her counting is not nullified, but the days cannot be counted as "spotless," because this blood is impure (Maggid Mishneh).
24.
An affliction which is popularly - though incorrectly - translated as leprosy. See Leviticus ch. 13 and Hilchot Tumat Tzara'at.
25.
With this statement, the Rambam is implying two points:
a) as mentioned above, a woman returns to her cycle of niddah at the advent of the appropriate day, regardless of whether she has counted seven "spotless" days or not.
b) The seven "spotless" days need not be consecutive.
As mentioned in Chapter 6, the Ramban and others differ with the Rambam concerning these points (Maggid Mishneh). To reiterate, none of these points are at all relevant in the present day. For, as will be explained in ch. 11, from the late Talmudic era onward, Jewish women accepted the practice of counting seven "spotless" days after any and all uterine bleeding.
26.
Niddah 38a. By quoting this and the other instances mentioned until the end of the chapter, the Rambam is also supporting his interpretation of "the days of niddah" and "the days of zivah," explaining these passages according to his conception of these principles.
27.
I.e., the tenth and eleventh days of the days of zivah.
28.
From this, we see that the three days ofzivah bleeding must be consecutive. If they are interrupted by other days, even by days on which the woman suffers uterine bleeding, she is not considered as a zavah.
29.
Between sunset and nightfall, at which time, there is, as explained above, a doubt whether it should be considered part of the previous day or the coming day.
30.
Chapter 4, Halachah 6; Chapter 6, Halachot 9-11.
31.
Provided of course, the bleeding ceases before nightfall.
32.
Niddah 54a.
33.
For as stated in the previous halachah, a woman may immerse herself and engage in relations directly after her "days of niddah" even if she discovered bleeding on the last day.
34.
I.e., the nights, but not the days.
35.
After eighteen days, the entire cycle repeats itself for her "days of niddah" begin again.
36.
I.e., a minor zavah must watch one day for every impure day. Therefore the woman must watch the tenth day, because of the bleeding of the ninth, the twelfth day, because of the bleeding of the eleventh, etc. In addition to the day and the night preceding and following the eighth day, he is allowed to engage in relations only on the nights preceding the eleventh, thirteenth, fifteenth, and seventeenth days. For the days which precedes these nights are pure. The other nights were preceded by days in which she discovered uterine bleeding.
37.
After the eighteenth day, she returns to her "days of niddah." The Rambam, nevertheless, mentions the twentieth day, because she is permitted to engage in relations on that day, because although it is in her "days of niddah," since she does not discover bleeding, she is not rendered impure. Although the cycle does not repeat itself in exactly the same manner צ i.e., her status in the second 18 days is opposite from the first צ she may engage in relations the same number of nights.
She is not permitted to engage in relations on the eleventh, fifteenth, and nineteenth days, for these days must be watched because of the impurity of the preceding two days.
38.
I.e., she will have discovered bleeding on the eight and ninth days, rendering her a minorzavah and requiring that she watch one pure day.
39.
After discovering blood on the thirteenth, fourteenth, and fifteenth days.
40.
For she only has three "pure" days, before she bleeds again.
41.
For the eighth day, the day immediately following her days of niddah is not impure.
42.
For as explained in the previous halachah, she will never reach seven "spotless" days to purify herself from the state of zivah. This principle also applies in the following two halachot.
43.
For the eighth, ninth, and tenth days are pure.
44.
For the eighth, ninth, tenth, eleventh, and twelfth days are pure.
45.
For the first four days of this week of impurity fall during her "days of zivah."
46.
After eighteen weeks, she returns to her original situation, discovering bleeding for her seven "days of niddah" and then begins the entire cycle again.
47.
Since she discovered bleeding during only two days of zivah, she is not considered as a major zavah and is not required to count seven "spotless" days.
48.
As is required of a minor zavah.
49.
Since she discovered bleeding during only two days of zivah, she is not considered as a major zavah and is not required to count seven "spotless" days.
50.
For the first two days are "days of niddah" that where preceded by days on which she discovered bleeding. Hence she is forbidden to engage in relations on them.
51.
For as stated above, every eighteen weeks, she returns to her original cycle.
52.
A day and a fraction less.
53.
Niddah 54a. This represents the Rambam's understanding of that passage. As theMaggid Mishneh relates, the Ramban has a different conception of the meaning of "days of niddah" and "days of zivah." According to his conception, our Sages' words can be interpreted exactly."
54.
The Maggid Mishneh notes that there is a difficulty, because the cycle does not renew itself after 48 days. Instead, it is not until 144 days that the cycle is renewed. Again, it is because of his interpretation of "days ofniddah" and "days of zivah" that he somewhat contorts the interpretation ofNiddah, loc. cit.. The Maggid Mishneh notes that in this instance as well, the interpretation of the Ramban leads to a straightforward explanation of that passage.
55.
Hence she may not engage in relations on it. It nevertheless serves as a "spotless" day to release the prohibition from the two days of zivah bleeding.
56.
In truth in the first 48 out of 144 as stated above.
57.
In this instance, the Rambam's interpretation also produce an effective calculation. For the woman's physical cycle is renewed every eighteen days and precisely that time is duration of the cycle of niddah and zivah.
58.
For she does not become a major zavah if she bleeds for two days.
59.
In this instance, the pattern will always return to the same starting point, for in all instances, the woman will have three days of zivah among her impure days and seven "spotless" days among her pure days. She will thus always become a zavah and require seven "spotless" days to become pure. Even though in the subsequent cycles, the first day she discovers bleeding may not be one of her "days of niddah," the same laws still apply.
60.
We have made this addition so that the Rambam's statements follow his interpretation of "days of zivah." See theMaggid Mishneh.
Issurei Biah - Chapter Eight
Halacha 1
There are women who have vesetot, established times [when they menstruate] and other women who do not have vesetot. Instead, they feel nothing until the blood is actually released1 and they do not have a fixed day on which they menstruate.
[The intent when speaking of] a woman who has a veset is that there is a specific day - [e.g.,] from the twentieth [day of the month] to the twentieth or from the twenty-fourth to the twenty-fourth, or more or less - [on which she begins to menstruate].
Halacha 2
Before the onset of menstruation, she will demonstrate physical symptoms,2[e.g.,] she yawns, sneezes,3 feels anxiety at the opening to her stomach and lower intestinal area, the hairs of her flesh will stand up, her flesh will become warm, or any similar physical symptoms.4 She will experience these - or at least one of these - symptoms at the fixed time when she [will menstruate] on the established day.
Halacha 3
We have already explained5 that any woman who does not have a [fixed]veset is forbidden to engage in relations until she makes an internal examination first. If she has a [fixed] veset, she is forbidden to engage in relations through the entire time of the veset. If her veset is during the day, she is forbidden to engage in relations throughout the entire day.6 If her vesetis during the night, she is forbidden to engage in relations throughout the entire night. She should begin counting her "days of niddah" and her "days of zivah"7from the day of the veset at all times.8
Halacha 4
Therefore women must be careful with regard to vesetot until they know the day and the hour when a veset is established. If her pattern was to begin menstruation on the twentieth day9 and the twentieth day came and she did not menstruate and she did menstruate on the twenty-third, she is forbidden [to engage in relations on] the twentieth and twenty-third.10
Similarly, if a second time she did not menstruate on the twentieth and [instead,] began to menstruate on the twenty-third day, both days remain forbidden.11 If for a third time, she did not menstruate on the twentieth and [instead,] began to menstruate on the twenty-third day, the twentieth day is purified12 and the veset is transferred to the twenty-third day. For a woman does not establish a veset until she establishes it three times, nor does she uproot a veset until she bypasses it three times.
Halacha 5
When a veset is established because of outside factors, even if recurs several times, it is not a veset, because [menstruation] came as a result of an outside factor.13
If a woman jumped14 and menstruated and [again] jumped and menstruated, she establishes a veset for the specific day without considering whether she jumped. What is implied? She jumped on Sunday and menstruated. After an interval of 20 days,15 she again jumped on Sunday and menstruated. Then after an interval of 19 days, she jumped on the Sabbath and did not menstruate, but menstruated after the Sabbath without jumping, she establishes [a fixed veset] for Sunday after a twenty day interval.16 For it is clear that the interval causes her to menstruate and not jumping,17 and the interval has been established as the onset of menstruation on three occasions. Similar laws apply in all analogous situations.
Halacha 6
When a woman begins menstruating on the fifteenth of one month, and menstruates on the sixteenth of the following month, the seventeenth of the month which follows that, and the eighteen of the month which follows that, she establishes a veset which advances.18
If during the fourth month, she begins menstruating on the seventeenth, theveset is not established.19 Instead, [in the following month,] she suspects that she will menstruate on the day on which she menstruated during the previous month.20If that day arrives and she does not menstruate, that day becomes pure and is no longer suspected. For only a date that has been established by three [consecutive onsets] need be uprooted by three consecutive occasions when menstruation does not occur.
Halacha 7
If her pattern had been to begin menstruation on the fifteenth and she changed21 to the sixteenth, [relations] are forbidden on both.22 If, [in the following month,] she changed to the seventeenth, the sixteenth is released and the seventeenth becomes prohibited. The fifteenth remains prohibited.23If, [in the following month,] she changed to the eighteenth, the eighteenth becomes prohibited24 and all the other dates are released.
Halacha 8
If her pattern had been to begin menstruation on the twentieth day and she changed to the twenty-second, they are both forbidden.25 If, [in the following month,] the twentieth arrives and she does not menstruate, but she does menstruate on the twenty-second, they both remain forbidden. If, [in the following month,] the twentieth arrived and she began menstruating, she is considered to have returned to her fixed pattern.26 The twenty-second is released, because it was not established through three [onsets of menstruation].
Halacha 9
A woman does not establish a veset in the midst of her "days of niddah" during which she has menstruated.27 Since she menstruates on one of these days, she cannot establish a veset in any of the seven. Similarly, a woman does not establish a veset in her eleven "days of zivah." She may, however, establish a fixed veset in her "days of niddah" when she has not menstruated.
If she established a veset in her "days of zivah,"28 she must show concern over that veset.29 Whenever a veset is established in [a woman's] "days ofzivah," it is uprooted if it is bypassed even once. It does not have to be bypassed three times. [The rationale is that] it is an accepted presumption that a woman's [menstrual] blood is withdrawn on these days.30
Halacha 10
What is meant by "she must show concern over that veset"? If she sighted bleeding on this veset for even one day, she must wait as a niddah because of the doubt.31 [In the following month,] she is forbidden to engage in relations on that day even if she did not sight bleeding as32 on the other days of thevesetot. If she discovers bleeding for three successive days, she is a zavah.33
Halacha 11
When a woman frequently inspects herself at all times, her conduct is praiseworthy.34 [This applies] even if she has established a fixed veset. For bleeding may come at times other than her veset.
Halacha 12
Halacha 13
[The following laws apply when] a woman did not inspect herself at the time of her veset39 and inspected herself a few days afterwards and discovered that she was impure. Retroactively, she is considered impure from the time of herveset with regard to matters of ritual purity and impurity, as will be explained.40Nevertheless, she does not render a man who engaged in relations with her impure retroactively41 and she may not count [the days of niddah] except from the time she discovered the bleeding.42 If [in the inspection], she discovered that she is pure, we operate under the assumption that she is pure.43
Halacha 14
Similarly, when a woman discovers bleeding due to a wound that she has in her uterus, she is pure, even if she discovers the bleeding at the time of herveset.44 The blood is also pure. [The rationale is that the obligation to show concern for] vesetot is Rabbinic in origin, as will be explained in Hilchot Mitamei Mishkav UMoshav.45
Halacha 15
A blind woman should conduct an internal examination herself and show [theed] to her friends.46 A deaf-mute47 and a mentally or emotionally incapacitated woman must be inspected by intellectually capable women48 so that theirvesetot can be established. [Afterwards,] they are permitted to their husbands.49
Halacha 16
Should a woman err and be unaware of the day when her "days of niddah"50begins, if she menstruates, she must be concerned that she is a zavah.51Therefore if she menstruated for one day or day, she must nevertheless wait a full seven52 lest the blood have come in her "days of niddah." And if she discovers bleeding for three days, she must count seven "spotless" days, lest she be in the midst of her "days of zivah."
Halacha 17
What must she do to redefine when her "days of niddah" begin, to know if she is definitely a zavah or that if there is a question concerning that53, and to know when her "days of zivah" begin? Everything is dependent on [the number of days] during which she discovers [bleeding].
Halacha 18
If she discovered bleeding for three days, there is a doubt whether she is azavah.57 For perhaps one of these days preceded her "days of niddah" and two were at the beginning of her "days of niddah." Similarly, if she discovered bleeding for four days, [there is a doubt whether she is a zavah]. For perhaps two of these days preceded her "days of niddah" and two were at the beginning of her "days of niddah." She must observe the five as the remainder of the seven and [count] the eleven days after these five.
Halacha 19
Similarly, if she discovered bleeding for nine days,58 there is a doubt whether she is a zavah. Perhaps two of the days preceded her days of niddah" and seven are her "days of niddah." She begins counting the eleven days after the ninth day [on which] the bleeding stopped. Similarly, if she discovered bleeding for eleven days,59 there is a doubt whether she is a zavah. Perhaps two of the days preceded her days of niddah," seven are her "days of niddah," and two days followed her "days of niddah." Thus there remain nine days within her "days of zivah."60
Halacha 20
If she discovered bleeding for twelve days, she is definitely a zavah. For even if two of the days preceded her days of niddah" and seven are her "days ofniddah," there are three days61 followed her "days of niddah. Thus there remain eight days within her "days of zivah." The same laws apply if she discovered bleeding for thirteen days. There remain seven days within her "days of zivah" and they are the days on which she counts [seven "spotless" days].
Halacha 21
Even if a women's menstruation continues for even 1000 days, as soon as the bleeding stops, she should count seven "spotless" days. After these seven days, a woman who erred begins anew her "days of niddah."62
Halacha 22
Thus we learn: Whenever a woman errs, she never counts less than seven days from the time which her bleeding stops. Nor does she count more than seventeen. Afterwards, come her "days of niddah."
What is implied? If she discovered bleeding for one day and then it stopped, she should count seventeen days. Six to complete her "days of niddah" and eleven as her "days of zivah." If she discovers bleeding for thirteen days or more she counts seven "spotless" days after the bleeding ceases. Afterwards, her "days of niddah" begin as explained [above].
FOOTNOTES
1.
I.e., the onset of menstruation is not associated with a specific physical symptom, as stated in Halachah 2.
2.
From the Rambam's wording, it appears that for a woman to establish a veset, two factors are necessary: a) that there be a fixed monthly pattern when menstruation begins, and b) the onset of menstruation be preceded by physical symptoms. The other halachic authorities do not rule in this manner. They maintain that either of these two factors is independently powerful enough to establish a veset (Maggid Mishneh). Their view is followed by the Turand the Shulchan Aruch (Yoreh De'ah, ch. 189).
3.
Our translation of these two terms is based on Rav Kapach's translation of the Rambam's Commentary to the Mishnah (Niddah 9:8). There are other commentaries who offer different interpretations.
4.
For these physical symptoms to be considered as a veset, they must be repeated three times before the onset of menstruation (Niddah 63a).
5.
Chapter 4, Halachah 16. As mentioned in the notes to that halachah, most other authorities differ with the Rambam with regard to these requirements.
6.
The Tzemach Tzedek notes that Hilchot Mitamei Mishkav UMoshav 3:6 states that a woman may touch ritually pure articles during the time her veset is expected. It is only when she actually discovers bleeding that she conveys ritual impurity upon these articles. He explains the difference between that law and the laws governing relations based on Shulchan Aruch HaRav 189:97 by saying that we fear that relations will cause menstruation to come earlier.
7.
I.e., the seven "days of niddah" and the eleven "days of zivah."
8.
The commentaries have noted somewhat of a difficulty with the Rambam's statements. As he stated in Chapter 6, according to his conception, the cycle of niddah and zivahbegin again after eighteen days. Now what if a woman has a 20 day cycle or a 25 day cycle? According to the Rambam's statements here it would seem that "days ofniddah" and the "days of zivah" should be counted from the day of the veset, i.e., each 20 days or 25 days.
9.
The Maggid Mishnehinterprets this law as speaking about the intervals between the onset of menstruation (veset haflagah). This interpretation is borne out by the manner in which the Tur and the Shulchan Aruch(Yoreh De'ah 189:14) quote this law. From the Siftei Cohen 189:40, it appears that the Rambam is speaking about the twentieth and the twenty-third of the month (veset hachodesh in halachic terminology).
10.
The twentieth is forbidden because as the Rambam continues to explain, once a vesethas been established, it is not uprooted until it passes three times without the woman menstruating. The twenty-third is forbidden, because since she began menstruating on that day, we fear that she will begin menstruated upon it in the following month. See also Halachah 8.
11.
For the same reasons as stated in the previous note.
12.
I.e., she is no longer forbidden to engage in relations on that day.
13.
According to the Maggid Mishneh, the "jumping" mentioned in the following clause illustrates this principle. The "jumping" is an external factor that is not dependent on a woman's internal physical pattern. Even if on three separate occasions, a woman menstruates as a result of "jumping," she is not considered to have established a fixedveset. The Shulchan Aruch (Yoreh De'ah189:17) quotes this principle. The Rama quotes the Hagahot Maimoniot which state that although the jumping is not regarded with the severity of a fixed veset, it is considered as an irregular veset. Until a situation passes when the woman does not menstruate after jumping, she is forbidden to engage in relations afterwards. The Turrules that even an external factor can cause a veset if a pattern recurs on three consecutive occasions.
14.
Perhaps "jumping" can be interpreted as "undergoing strenuous exercise" which could be considered as a cause for hastening the onset of menstruation.
15.
I.e., the day of menstruation is not counted in the interval.
16.
The Maggid Mishneh deals with question what would happen if the woman jumped and menstruated on Sunday for a third consecutive time. Would her veset be established for the interval only in connection with jumping? Or would the interval itself be considered as a veset. There would be a difference in law if on the fourth occasion after the interval, she did not jump. Is she forbidden to engage in relations or not. The Maggid Mishneh maintains that according to the Rambam, she would be forbidden, because the Rambam does not attach any significance to the external factors. Other authorities - and this view is sustained by the Shulchan Aruch (Yoreh De'ah 189:18) - maintain that unless she jumps, she is not forbidden after the fourth interval.
17.
Even though she jumped on the previous day, that jumping is not considered as significant and is not associated with her monthly pattern. Note the Maggid Mishneh'sexplanation of the approach of the Rashba which differs.
18.
There must be four months in the cycle, so that there are three months during which she advanced a day. In such a situation in the fifth month, she must expect to menstruate on the nineteenth.
The Shulchan Aruch (Yoreh De'ah 189:7) quotes the Rambam's ruling, but also that of Rabbenu Chananel and the Ra'avad which maintains that a veset is established even after only three months of such a pattern.
19.
For she did not increase a day in the fourth month.
20.
I.e., on the seventeenth of the month. She does not have to be concerned with the fifteenth and the sixteenth. Since she did not begin menstruating on that day in the month which followed it, she need not be concerned with it any longer.
This requirement applies to any woman who does not have a veset kevua, a fixed time when she is known to begin menstruating. According to the halachah at present, a woman in such a situation must refrain from relations on three occasions: the day or the night of the date of the month on which she menstruated in the previous month, the day or the night which matches the interval between her onset of menstruation in the previous and that of the month which preceded it, the day and night of the thirtieth day since the onset of menstruation.
21.
On one occasion.
22.
On the fifteenth because of the existing pattern, and on the sixteenth because of her menstruation in the previous month. The point of this halachah is that when a woman deviates from an established veset, she must show concern both for that establishedveset and for the date (and interval) resulting from the previous month.
23.
Because it must pass three times without her menstruating upon it.
24.
In his Kessef Mishneh, Rav Yosef Caro questions the Rambam's ruling. Seemingly, in this instance, since she increased by one day each month, she established a fixedveset according to that pattern. Thus in the following month, she must show concern over the nineteenth.
In his Kessef Mishneh, Rav Yosef Caro explains that in addition to showing concern for the nineteenth, the woman must show concern for the eighteenth, since this was the day on which her menstruation actually began. In his Shulchan Aruch (Yoreh De'ah189:7), however, he does not mention this point.
25.
The twentieth as a fixed veset and the twenty-second because of the deviation in the previous month.
26.
And it must be bypassed on three new occasions to be uprooted. As long as theveset is not uprooted by being bypassed on three successive months, it becomes reaffirmed when the onset of menstruation recurs on it once.
27.
According to the Rambam's interpretation of "days of niddah," the interpretation of this ruling is straightforward. Once a woman has sighted bleeding in her "days of niddah," she cannot establish a veset on any of her other days of niddah. According to interpretation of the Ramban, the explanation is somewhat more complex. See the gloss of the Maggid Mishneh. Similarly, with regard to the other instances mentioned in this halachah, the explanation according to the approach of the Ramban - which as stated previously is accepted as halachah by most authorities - the explanation differs from that of the Rambam.
28.
The same laws would apply if she discovered bleeding only once during her "days of zivah" (without the phenomenon recurring three times). Perhaps the Rambam's intent is to emphasize that even if the phenomenon recurs three timmes, it can be uprooted when it is bypassed once.
29.
As described in the following halachah.
30.
I.e., since it is unlikely that she will menstruate on these days, we treat anyveset that has been established as an extraordinary event. Although she must take it into consideration, it can be uprooted easily.
31.
Like a niddah, she is forbidden to engage in relations for seven days.
32.
Our translation follows an emendation of the text based on authoritative manuscripts. See the Noda B'Yehudah, Vol. II, Responum 93, which explains this version.
33.
And must wait until seven "spotless" days pass. I.e., because of the doubt concerning her status, she is given both the stringency applying to a niddah - she is forbidden for seven days after even one sighting of blood - and the stringency associated with azavah - she must count seven "spotless" days if she sights bleeding for three consecutive days (Maggid Mishneh).
34.
The Shulchan Aruch (Yoreh De'ah 184:1) interprets the Rambam's ruling as applying not at the time of relations. (For if she inspects herself before relations, her husband might think there is reason to refrain from relations.) At present, however, Rabbis have counseled woman not to inspect themselves unless there is a reason. For at times, the inspection itself can cause bleeding. See also Chapter 4, Halachah 16.
35.
For it is unlikely for her to menstruate then.
36.
When it is likely for her to menstruate.
37.
Our translation is based on authoritative manuscripts and early printings of theMishneh Torah. The standard printed text reads "If she forgot and did not...."
38.
For we do not suspect that she became impure unless she actually discovers bleeding. Slightly different principles apply with regard to the veset on which she can be expected to begin menstruation arrives as explained in the following halachah and notes.
39.
The initial and preferred course of conduct is that when a veset passes without a woman discovering uterine bleeding, she should inspect herself to ensure that this is so. She is forbidden to engage in relations unless she makes such an inspection. SeeShulchan Aruch (Yoreh De'ah 189:4).
40.
Hilchot Mitamei Mishkav UMoshav 3:5. There it is explained that since she discovered bleeding afterwards, we assume that she menstruated at the expected time and became impure.
41.
A man who engages in relations with aniddah becomes impure. Nevertheless, a man who engaged in relations with a woman between the time of her veset and the time she discovered the bleeding is not placed in this category. For although we suspect that the woman became impure, there is no certainty that indeed this took place.
42.
A woman who is a niddah remains impure for seven days. These seven days do not begin from her veset, but from the time when she actually discovered the bleeding.
43.
For although we suspect that menstruation will begin on the veset, if there is no evidence that this indeed happened, we do not assume that it did.
44.
The basic principle upon which this law is based is stated in Chapter 4, Halachah 20. In this halachah, the Rambam is merely clarifying that the fact that a woman has a fixed veset does not change the basic position.
45.
Chapter 3, Halachah 9. I.e., according to Scriptural Law, a woman is not impure until she actually discovers bleeding. Our Rabbis ordained that she should show concern for her veset, but they also limited the extent of that concern as reflected in the above laws.
46.
Since she cannot see, she obviously cannot inspect the ed, the cloth used for the examination. The Rambam (based onNiddah 13b) is emphasizing that she is relied upon to carry out a thorough internal examination.
47.
Who is considered the same as a mentally incapacitated individual. If, however, she is merely deaf or mute, she is considered as a mentally capable individual [Shulchan Aruch(Yoreh De'ah 196:8)].
48.
For these women cannot be relied upon to carry out a proper internal examination themselves.
49.
A word of clarification is necessary. Our Rabbis ordained a marriage arrangement for deaf-mutes. They did not, however, ordain such an arrangement for mentally or emotionally incapable individuals.
50.
Although in this and the following halachah, the Rambam uses the term veset, the intent of the term in this context is reflected by our translation.
51.
I.e., she must observe both the stringencies incumbent on a niddah and those incumbent on a zavah as the Rambam continues to explain.
52.
Before purifying herself as is required of aniddah.
53.
See the following halachah.
54.
Days of niddah.
55.
Days of zivah.
56.
The Maggid Mishneh explains that according to the Ramban's understanding of the terms "days of niddah" and "days of zivah," this entire discussion is unnecessary. And according to the Rambam's understanding of these terms, it is somewhat difficult. For as stated above, the Rambam maintains that from the first time a woman menstruates her "days of niddah" are set. Nevertheless, in this situation, the Rambam maintains that, rather than leave a woman in a situation where she is continuously in doubt, our Sages advised her to begin counting "her days of niddah" anew from the time she menstruated.
57.
I.e., and therefore she must keep both sets of stringencies as mentioned above. The rationale for this ruling is that it is possible that the bleeding took place in her "days ofzivah." But, as the Rambam continues to explain, it is possible that this is not the case.
58.
The same ruling obviously applies if she discovers bleeding for from five to eight days. It is unnecessary for the Rambam to state this, because it is readily apparent. The Rambam feels it necessary to mention nine days, because this includes a new concept: that we allow for the possibility that she was bleeding for all seven days ofniddah. Thus in addition to these seven days, we add two days of zivah.
59.
The same ruling obviously applies if she discovers bleeding for ten days. It is unnecessary to mention, for the rationale is the same as for eleven days.
60.
And her "days of niddah" begin when they are completed.
61.
The number of days necessary for her to be considered a major zavah.
62.
I.e., this is sufficient for her to correct her reckoning.
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Hayom Yom:
• English Text | Video Class• "Today's Day" • Monday, Adar I 6, 5776 · 15 February 2016
Thursday 6 Adar I 5703
Torah lessons: Chumash: T'ruma, Chamishi with Rashi.
Tehillim: 35-38.
Tanya: Moreover, even in (p. 119)...to a great extent. (p. 119).
From my father's sichot: It is a magnificent gift of G-d to merit an innate sense - a "feel" - for doing kindness to another, to derive deep pleasure from it. This can develop to the point that one cherishes the other more than oneself. He may find many explanations as to why he deserves his own tribulations, G-d forbid, but to do so with regard to another's suffering - is absolutely impossible.
Hayom Yom:
• English Text | Video Class• "Today's Day" • Monday, Adar I 6, 5776 · 15 February 2016
Thursday 6 Adar I 5703
Torah lessons: Chumash: T'ruma, Chamishi with Rashi.
Tehillim: 35-38.
Tanya: Moreover, even in (p. 119)...to a great extent. (p. 119).
From my father's sichot: It is a magnificent gift of G-d to merit an innate sense - a "feel" - for doing kindness to another, to derive deep pleasure from it. This can develop to the point that one cherishes the other more than oneself. He may find many explanations as to why he deserves his own tribulations, G-d forbid, but to do so with regard to another's suffering - is absolutely impossible.
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• Daily Thought:
Opponents
Opponents are evidence that you are moving forward.
Their power comes from your fear of them.
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