Daily Quote:
The daily prayers were instituted in place of the daily sacrifices in the Holy Temple[Talmud, Berachot 26b]
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 5th Portion Exodus 29:19-29:37 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 29
19And you shall take the second ram, and Aaron and his sons shall lean their hands upon the ram's head. יטוְלָ֣קַחְתָּ֔ אֵ֖ת הָאַ֣יִל הַשֵּׁנִ֑י וְסָמַ֨ךְ אַֽהֲרֹ֧ן וּבָנָ֛יו אֶת־יְדֵיהֶ֖ם עַל־רֹ֥אשׁ הָאָֽיִל:
20You shall slaughter the ram, take [some] of its blood and put it upon the cartilage of Aaron's right ear and upon the cartilage of Aaron's sons' right ears, upon the thumbs of their right hands, and upon the big toes of their right feet, and you shall sprinkle the blood upon the altar all around. כוְשָֽׁחַטְתָּ֣ אֶת־הָאַ֗יִל וְלָֽקַחְתָּ֤ מִדָּמוֹ֙ וְנָֽתַתָּ֡ה עַל־תְּנוּךְ֩ אֹ֨זֶן אַֽהֲרֹ֜ן וְעַל־תְּנ֨וּךְ אֹ֤זֶן בָּנָיו֙ הַיְמָנִ֔ית וְעַל־בֹּ֤הֶן יָדָם֙ הַיְמָנִ֔ית וְעַל־בֹּ֥הֶן רַגְלָ֖ם הַיְמָנִ֑ית וְזָֽרַקְתָּ֧ אֶת־הַדָּ֛ם עַל־הַמִּזְבֵּ֖חַ סָבִֽיב:
cartilage: Heb. ךְתְּנוּ. That is the cartilage, the middle wall within the ear, which is known [in Old French] as tendron, tendrum, tenron, tenrum, or teneros. תנוך: הוא הסחוס האמצעי שבתוך האוזן שקורין טנדרו"ם [סחוס]:
the thumbs of their… hands: Heb. בֹּהֶן יָדָם This is the thumb, and [the blood was to be applied to] the middle joint. -[from Sifra on Lev. 8:24] בהן ידם: הגודל ובפרק האמצעי:
21You shall [then] take [some] of the blood that is upon the altar and [some] of the anointing oil, and sprinkle it upon Aaron and upon his garments, upon his sons and upon the garments of his sons with him; thus he will become holy along with his garments, and his sons and their garments with him. כאוְלָֽקַחְתָּ֞ מִן־הַדָּ֨ם אֲשֶׁ֥ר עַל־הַמִּזְבֵּ֘חַ֘ וּמִשֶּׁ֣מֶן הַמִּשְׁחָה֒ וְהִזֵּיתָ֤ עַל־אַֽהֲרֹן֙ וְעַל־בְּגָדָ֔יו וְעַל־בָּנָ֛יו וְעַל־בִּגְדֵ֥י בָנָ֖יו אִתּ֑וֹ וְקָדַ֥שׁ הוּא֙ וּבְגָדָ֔יו וּבָנָ֛יו וּבִגְדֵ֥י בָנָ֖יו אִתּֽוֹ:
22And you shall take out of the ram the fat and the fat tail and the fat that covers the innards, the diaphragm of the liver, the two kidneys along with the fat that is upon them, and the right thigh, for it is a ram of perfection. כבוְלָֽקַחְתָּ֣ מִן־הָ֠אַ֠יִל הַחֵ֨לֶב וְהָֽאַלְיָ֜ה וְאֶת־הַחֵ֣לֶב | הַמְכַסֶּ֣ה אֶת־הַקֶּ֗רֶב וְאֵ֨ת יֹתֶ֤רֶת הַכָּבֵד֙ וְאֵ֣ת | שְׁתֵּ֣י הַכְּלָיֹ֗ת וְאֶת־הַחֵ֨לֶב֙ אֲשֶׁ֣ר עֲלֵיהֶ֔ן וְאֵ֖ת שׁ֣וֹק הַיָּמִ֑ין כִּ֛י אֵ֥יל מִלֻּאִ֖ים הֽוּא:
the fat: This is the fat on the intestines or [the fat on] the maw [the obomasum, or the last stomach of a ruminant animal]. [from Chullin 49a, b] החלב: זה חלב הדקים או הקיבה:
and the fat tail: Below the kidneys, as is explained in [parshath] Vayikra, as it is said: “opposite the atzeh (הֶעָצֶה) he shall remove it” (Lev. 3:9), [meaning] the place where the kidneys give advice (יוֹעִצוֹת) (Chul. 11a). In connection with the sacrificial parts of the bull, however, the fat tail is not mentioned, because the fat tail is sacrificed only with a male lamb, a ewe lamb, and a ram, but a bull and a goat do not require the [sacrifice of] the fat tail. [In fact, bulls and goats have no fat tails. Rashi means that the tail need not be sacrificed.] והאליה: מן הכליות ולמטה, כמו שמפורש בויקרא (ג ט) שנאמר לעומת העצה יסירנה, מקום שהכליות יועצות, ובאמורי הפר לא נאמר אליה, שאין אליה קריבה אלא בכבש וכבשה ואיל, אבל שור ועז אין טעונים אליה:
and the right thigh: We do not find that the right thigh should be sent up in smoke with the sacrificial parts except this one alone. ואת שוק הימין: לא מצינו הקטרה בשוק הימין עם האמורים אלא זו בלבד:
for it is a ram of perfection: Heb. מִלֻאִים, [the same as] שְׁלָמִים, an expression denoting perfection שְׁלֵמוּת i.e., it has been completed with everything. Scripture informs [us] that the perfection offering is a peace offering, because it makes peace for the altar, for the one who performs the service, and for the owner (Mid. Tanchuma, Tzav 4; Sifra 8:19). Therefore, I [God] require that the breast be given to the one who performs the service, as a portion. This was Moses, who officiated at the investiture rites, and the rest was eaten by Aaron and his sons, who were the owners [of the sacrifices], as is explained in [the section dealing with] this topic. כי איל מלאים הוא: שלמים, לשון שלמות שמושלם בכל. מגיד הכתוב שהמלואים שלמים, שמשימים שלום למזבח ולעובד העבודה ולבעלים, לכך אני מצריכו החזה להיות לו לעובד העבודה למנה, וזהו משה ששימש במלואים, והשאר אכלו אהרן ובניו שהם בעלים, כמפורש בענין:
23And one loaf of bread, one loaf of oil bread, and one wafer from the basket of matzoth that stands before the Lord, כגוְכִכַּ֨ר לֶ֜חֶם אַחַ֗ת וְחַלַּ֨ת לֶ֥חֶם שֶׁ֛מֶן אַחַ֖ת וְרָקִ֣יק אֶחָ֑ד מִסַּל֙ הַמַּצּ֔וֹת אֲשֶׁ֖ר לִפְנֵ֥י יְהֹוָֽה:
and one loaf of bread: of the loaves. וככר לחם: מן החלות:
one loaf of oil bread: of the kind [of bread known as] the scalded dough. -[from Men. 78a] וחלת לחם שמן: ממין הרבוכה:
and one wafer: of the wafers, one out of ten of each kind (Men. 76a). We do not find that the offering of bread that comes with any sacrifice should be burned except this [bread] only, for the offering of the loaves of the thanksgiving offering and the ram of the Nazirite are given to the kohanim with the breast and the thigh, but from this [sacrifice] Moses had for [his] portion only the breast. ורקיק: מן הרקיקין, אחד מעשרה שבכל מין ומין ולא מצינו תרומת לחם הבא עם זבח נקטרת אלא זו בלבד, שתרומת לחמי תודה ואיל נזיר נתונה לכהנים עם חזה ושוק, ומזה לא היה למשה למנה אלא חזה בלבד:
24and you shall place it all upon Aaron's palms and upon his sons' palms, and you shall wave them as a waving before the Lord. כדוְשַׂמְתָּ֣ הַכֹּ֔ל עַ֚ל כַּפֵּ֣י אַֽהֲרֹ֔ן וְעַ֖ל כַּפֵּ֣י בָנָ֑יו וְהֵֽנַפְתָּ֥ אֹתָ֛ם תְּנוּפָ֖ה לִפְנֵ֥י יְהֹוָֽה:
upon Aaron’s palms…, and you shall wave: Both of them were engaged in the waving, the owner [of the animal] and the kohen. How so? The kohen placed his hand under the owner’s hand and waved (Men. 61b). In this case, Aaron and his sons were the owners, and Moses was the kohen. על כפי אהרן וגו' והנפת: שניהם עסוקים בתנופה, הבעלים והכהן. הא כיצד, כהן מניח ידו תחת יד הבעלים ומניף, ובזה היו אהרן ובניו בעלים, ומשה כהן:
as a waving: He would wave it to and fro to the One to Whom the four directions of the world belong. The waving keeps back and does away with punishment and harmful winds. The lifting up [consisted of] raising and lowering, to the One to Whom the heavens and earth belong, and it keeps back harmful dews. -[from Men. 62a] תנופה: מוליך ומביא למי שארבע רוחות העולם שלו, ותנופה מעכבת רוחות רעות. תרומה מעלה ומוריד למי שהשמים וארץ שלו, ומעכבת טללים רעים:
25You shall then take them from their hand[s] and make them go up in smoke upon the altar with the burnt offering as a spirit of satisfaction before the Lord; it is a fire offering for the Lord. כהוְלָֽקַחְתָּ֤ אֹתָם֙ מִיָּדָ֔ם וְהִקְטַרְתָּ֥ הַמִּזְבֵּ֖חָה עַל־הָֽעֹלָ֑ה לְרֵ֤יחַ נִיח֨וֹחַ֙ לִפְנֵ֣י יְהֹוָ֔ה אִשֶּׁ֥ה ה֖וּא לַֽיהֹוָֽה:
with the burnt offering: With the first ram that you [already] offered up as a burnt offering. על העולה: על האיל הראשון שהעלית עולה:
as a spirit of satisfaction: Heb. לְרֵיחַ נִיחוֹחַ, as satisfaction for the One Who commanded and [saw that] His will was performed. לריח ניחוח: לנחת רוח למי שאמר ונעשה רצונו:
a fire offering: It is given to the fire. אשה: לאש נתן:
for the Lord: For the name of the Omnipresent. לה': לשמו של מקום:
26And you shall take the breast of the ram of perfection which is Aaron's, and wave it as a waving before the Lord, and it will become your portion. כווְלָֽקַחְתָּ֣ אֶת־הֶֽחָזֶ֗ה מֵאֵ֤יל הַמִּלֻּאִים֙ אֲשֶׁ֣ר לְאַֽהֲרֹ֔ן וְהֵֽנַפְתָּ֥ אֹת֛וֹ תְּנוּפָ֖ה לִפְנֵ֣י יְהֹוָ֑ה וְהָיָ֥ה לְךָ֖ לְמָנָֽה:
waving: Heb. ךְתְּנוּפָה, an expression of moving to and fro, vantiler or ventiller in Old French, to make [horizontal] movements to and fro. תנופה: לשון הולכה והובאה, וינטילי"ר בלעז [להניף:
27And you shall sanctify the breast of the waving and the thigh of the uplifting, which was waved and which was lifted up, of the ram of perfection, of that which is Aaron's and of that which is his sons'. כזוְקִדַּשְׁתָּ֞ אֵ֣ת | חֲזֵ֣ה הַתְּנוּפָ֗ה וְאֵת֙ שׁ֣וֹק הַתְּרוּמָ֔ה אֲשֶׁ֥ר הוּנַ֖ף וַֽאֲשֶׁ֣ר הוּרָ֑ם מֵאֵיל֙ הַמִּלֻּאִ֔ים מֵֽאֲשֶׁ֥ר לְאַֽהֲרֹ֖ן וּמֵֽאֲשֶׁ֥ר לְבָנָֽיו:
And you shall sanctify the breast of the waving and the thigh of the uplifting, etc.: Sanctify them for generations [to come], that their uplifting and their waving shall prevail like the breast and the thigh of the peace offering, but not [in reference] to the burning. Rather, [in the future, the ram’s breast and thigh] “shall remain for Aaron and his sons” (verse 28) to eat. וקדשת את חזה התנופה ואת שוק התרומה וגו':קדשם לדורות, להיות נוהגת תרומתם והנפתם כחזה ושוק של שלמים, אבל לא להקטרה, אלא והיה לאהרן ולבניו לאכול:
waving: Heb. ךְתְּנוּפָה, an expression of moving to and fro, vantiler or ventiller in Old French, to make [horizontal] movements to and fro. תנופה: לשון הולכה והובאה, וינטילי"ר בלעז [להניף]:
was lifted up: Heb. הוּרָם, an expression of raising and lowering. הורם: לשון מעלה ומוריד:
28And so it shall remain for Aaron and his sons as a perpetual allotment from the children of Israel; for it is an offering, and it shall remain an offering from the children of Israel of their peace offerings; it is their offering to the Lord. כחוְהָיָה֩ לְאַֽהֲרֹ֨ן וּלְבָנָ֜יו לְחָק־עוֹלָ֗ם מֵאֵת֙ בְּנֵ֣י יִשְׂרָאֵ֔ל כִּ֥י תְרוּמָ֖ה ה֑וּא וּתְרוּמָ֞ה יִֽהְיֶ֨ה מֵאֵ֤ת בְּנֵֽי־יִשְׂרָאֵל֙ מִזִּבְחֵ֣י שַׁלְמֵיהֶ֔ם תְּרֽוּמָתָ֖ם לַֽיהֹוָֽה:
as a perpetual allotment from the children of Israel: [i. e.,] that the peace offerings shall belong to the owners [of the animals], but the breast and the thigh they shall give to the kohen. לחק עולם מאת בני ישראל: שהשלמים לבעלים, ואת החזה ואת השוק יתנו לכהן:
for it is an offering: This breast and thigh. כי תרומה הוא: החזה ושוק הזה:
29The holy garments that are Aaron's shall be for his sons after him, to be exalted through them and invested with full authority through them. כטוּבִגְדֵ֤י הַקֹּ֨דֶשׁ֙ אֲשֶׁ֣ר לְאַֽהֲרֹ֔ן יִֽהְי֥וּ לְבָנָ֖יו אַֽחֲרָ֑יו לְמָשְׁחָ֣ה בָהֶ֔ם וּלְמַלֵּא־בָ֖ם אֶת־יָדָֽם:
for his sons after him: for [the one] who comes into greatness after him. לבניו אחריו: למי שבא בגדולה אחריו:
to be exalted: Heb. לְמָשְׁחָה, [which usually means “for anointment,” here signifies] to be exalted through them. There are [instances of] מְִִשִׁיחָה that are an expression of authority, like “I have given them to you for greatness (לְמָשְׁחָה)” (Num. 18:8); “Do not touch My great ones (בִמְשִׁיחָי)” (Ps. 105:15). למשחה: להתגדל בהם, שיש משיחה שהיא לשון שררה, כמו (במדבר יח ח) לך נתתים למשחה, (תהלים קה טו) אל תגעו במשיחי:
and invested with full authority through them: Through the garments, he is invested with the Kehunah Gedolah. ולמלא בם את ידם: על ידי הבגדים הוא מתלבש בכהונה גדולה:
30Seven days shall the one of his sons [who will be] the kohen in his place wear them, the one who is to enter the Tent of Meeting to serve in the Holy. לשִׁבְעַ֣ת יָמִ֗ים יִלְבָּשָׁ֧ם הַכֹּהֵ֛ן תַּחְתָּ֖יו מִבָּנָ֑יו אֲשֶׁ֥ר יָבֹ֛א אֶל־אֹ֥הֶל מוֹעֵ֖ד לְשָׁרֵ֥ת בַּקֹּֽדֶשׁ:
Seven days: [I.e., seven] consecutive [days]. שבעת ימים: רצופין:
shall… [who will be] the kohen in his place wear them: [The son] who will arise from his [Aaron’s] sons in his place to the Kehunah Gedolah, whom they will appoint to be Kohen Gadol. ילבשם הכהן: אשר יקום מבניו תחתיו לכהונה גדולה, כשימנוהו להיות כהן גדול:
the one who is to enter the Tent of Meeting: [I.e.,] that kohen who is prepared to enter the inner sanctum on Yom Kippur, and that is the Kohen Gadol, for the service of Yom Kippur is acceptable only through him. -[from Yoma 73a] אשר יבא אל אהל מועד: אותו כהן המוכן ליכנס לפני ולפנים ביום הכפורים, וזהו כהן גדול, שאין עבודת יום הכפורים כשרה אלא בו:
one of his sons… in his place: [This] teaches [us] that if the Kohen Gadol has a son who equals him, they must appoint him Kohen Gadol in his place [i.e., after him]. -[from Sifra on Lev. 6:15] תחתיו מבניו: מלמד שאם יש לו לכהן גדול בן ממלא את מקומו, ימנוהו כהן גדול תחתיו:
[who will be] the kohen in his place: From here there is proof that every expression of כֹּהֵן is an expression of doing, of actually serving. Therefore, the cantillation of the “tevir” extends before it [indicating a connection to the following word]. הכהן תחתיו מבניו: מכאן ראיה כל לשון כהן לשון פועל עובד ממש, לפיכך ניגון תביר נמשך לפניו:
31You shall take the ram of perfection and cook its flesh in a holy place. לאוְאֵ֛ת אֵ֥יל הַמִּלֻּאִ֖ים תִּקָּ֑ח וּבִשַּׁלְתָּ֥ אֶת־בְּשָׂר֖וֹ בְּמָקֹ֥ם קָדֽשׁ:
in a holy place: [I.e.,] in the courtyard of the Tent of Meeting, for these peace offerings were most holy sacrifices [which had to be eaten in the courtyard of the Tent of Meeting or the courtyard of the Temple, and not in the camp of Israel or the city of Jerusalem]. במקום קדוש: בחצר אהל מועד, שהשלמים הללו קדשי קדשים היו:
32Aaron and his sons shall eat the flesh of the ram and the bread that is in the basket, at the entrance of the Tent of Meeting. לבוְאָכַ֨ל אַֽהֲרֹ֤ן וּבָנָיו֙ אֶת־בְּשַׂ֣ר הָאַ֔יִל וְאֶת־הַלֶּ֖חֶם אֲשֶׁ֣ר בַּסָּ֑ל פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
at the entrance of the Tent of Meeting: The entire courtyard is called thus. פתח אהל מועד: כל החצר קרוי כן:
33They shall eat those things with which atonement has been effected, in order to invest them with full authority, to sanctify them, but a stranger shall not eat [of them], because they are a sacred thing. לגוְאָֽכְל֤וּ אֹתָם֙ אֲשֶׁ֣ר כֻּפַּ֣ר בָּהֶ֔ם לְמַלֵּ֥א אֶת־יָדָ֖ם לְקַדֵּ֣שׁ אֹתָ֑ם וְזָ֥ר לֹֽא־יֹאכַ֖ל כִּי־קֹ֥דֶשׁ הֵֽם:
They shall eat those things: Aaron and his sons [shall eat them] because they are their [the ram’s and the bread’s] owners. ואכלו אתם: אהרן ובניו, לפי שהם בעליהם:
with which atonement has been effected: [I.e., with which] all alienism and repugnance [have been atoned for] for them [Aaron and his sons]. אשר כפר בהם: כל זרות ותיעוב:
in order to invest them with full authority: with this ram and this bread. למלא את ידם: באיל ולחם הללו:
to sanctify them: For through these investitures, they were fully initiated into and sanctified for the kehunah. לקדש אותם: שעל ידי המלואים הללו נתמלאו ידיהם ונתקדשו לכהונה:
because they are a sacred thing: [I.e., they are] the most holy sacrifices. From here we learned a warning [a prohibition] against a stranger [a non-kohen] who eats the most holy sacrifices, since the Torah text gives as the reason for the matter, [the fact] that they are a sacred thing. כי קדש הם: קדשי קודשים, ומכאן למדנו אזהרה לזר האוכל קודש קודשים, שנתן המקרא טעם לדבר משום דקדש הם:
34If any of the flesh of the perfection [offering] or of the bread is left over until the next morning, what is left over you shall burn in fire; it shall not be eaten because it is a sacred thing. לדוְאִם־יִוָּתֵ֞ר מִבְּשַׂ֧ר הַמִּלֻּאִ֛ים וּמִן־הַלֶּ֖חֶם עַד־הַבֹּ֑קֶר וְשָֽׂרַפְתָּ֤ אֶת־הַנּוֹתָר֙ בָּאֵ֔שׁ לֹ֥א יֵֽאָכֵ֖ל כִּי־קֹ֥דֶשׁ הֽוּא:
35So shall you do to Aaron and his sons, according to all that I have commanded you; for seven days you shall perform their investiture. להוְעָשִׂ֜יתָ לְאַֽהֲרֹ֤ן וּלְבָנָיו֙ כָּ֔כָה כְּכֹ֥ל אֲשֶׁר־צִוִּ֖יתִי אֹתָ֑כָה שִׁבְעַ֥ת יָמִ֖ים תְּמַלֵּ֥א יָדָֽם:
So shall you do to Aaron and his sons: The Torah text repeated this and doubled it to render it essential, that if he [Moses] omitted anything of all that was stated in [the section dealing with] this matter, they [Aaron and his sons] would not be invested to be kohanim, and their service would be invalid. -[from Yoma 5a] ועשית לאהרן ולבניו ככה: שנה הכתוב וכפל לעכב, שאם חסר דבר אחד מכל האמור בענין, לא נתמלאו ידיהם להיות כהנים ועבודתם פסולה:
you: Heb. אֹתָכָה, like אוֹתָ. אתכה: כמו אותך:
for seven days you shall perform their investiture: in this manner and with these sacrifices, daily. שבעת ימים תמלא וגו': בענין הזה ובקרבנות הללו בכל יום:
36And a bull as a sin offering you shall offer up every day for the atonements, and you shall purify the altar by performing atonement upon it, and you shall anoint it, in order to sanctify it. לווּפַ֨ר חַטָּ֜את תַּֽעֲשֶׂ֤ה לַיּוֹם֙ עַל־הַכִּפֻּרִ֔ים וְחִטֵּאתָ֙ עַל־הַמִּזְבֵּ֔חַ בְּכַפֶּרְךָ֖ עָלָ֑יו וּמָֽשַׁחְתָּ֥ אֹת֖וֹ לְקַדְּשֽׁוֹ:
for the atonements -: Heb. עַל-הַכִּפֻּרִים, for the atonements, [meaning] to atone for the altar for all alienism and repugnance. Since it is stated: “for seven days you shall perform their investiture,” I know only [that] what is offered up for their [the kohanim’s] sake [must be brought all seven days], such as the rams and the bread, but what is offered up for the sake of the altar, such as the bull, which is for the purification of the altar, we did not [yet] hear [that it must be brought for seven days]. Therefore, this verse was necessary. The midrash of Torath Kohanim (Lev. 8:14) states: The atonement for the altar was necessary because perhaps someone had donated a stolen article for the work of the Mishkan and the altar. על הכפרים: בשביל הכפורים, לכפר על המזבח מכל זרות ותיעוב. ולפי שנאמר (פסוק לה) שבעת ימים תמלא ידם, אין לי אלא דבר הבא בשבילם, כגון האילים והלחם, אבל הבא בשביל המזבח, כגון פר שהוא לחטוי המזבח, לא שמענו, לכך הוצרך מקרא זה. ומדרש תורת כהנים אומר כפרת המזבח הוצרך, שמא התנדב איש דבר גזל במלאכת המשכן והמזבח:
and you shall purify: Heb. וְחִטֵאתָ, [which Onkelos renders:] וּתְדַכֵּי, and you shall purify. An expression of placing the blood that is applied with the finger is called חִטּוּי. וחטאת: ותדכי, לשון מתנת דמים הנתונים באצבע קרוי חטוי:
and you shall anoint it: with the anointing oil [as below (Exod. 30:22-33)]. All anointings [were made] like a sort of Greek “chaff.” [See above on verse 2.] ומשחת אותו: בשמן המשחה וכל המשיחות כמין כי יונית:
37For seven days you shall perform atonement upon the altar and sanctify it. Henceforth, the altar shall be a holy of holies. Whatever touches the altar will be holy. לזשִׁבְעַ֣ת יָמִ֗ים תְּכַפֵּר֙ עַל־הַמִּזְבֵּ֔חַ וְקִדַּשְׁתָּ֖ אֹת֑וֹ וְהָיָ֤ה הַמִּזְבֵּ֨חַ֙ קֹ֣דֶשׁ קָֽדָשִׁ֔ים כָּל־הַנֹּגֵ֥עַ בַּמִּזְבֵּ֖חַ יִקְדָּֽשׁ:
Henceforth the altar shall be a holy: Now what was its [the altar’s] sanctity? “Whatever touches the altar will be holy.” Even an invalid sacrifice that was placed upon it-the altar sanctified it to render it fit so that it would not be taken off [the altar]. Since it is said: “Whatever touches the altar will be holy,” I understand it to mean whether it is fit or whether it is unfit, such as something whose disqualification did not come in the sanctuary, such as a male animal or a female animal that was intimate with a human, [or] an animal set aside for a sacrifice to idols, [or] an animal that was worshipped as a god, or an animal that suffered a mortal wound or terminal illness, or [any other disqualification] like them. Therefore, the Torah states: “And this is what you shall offer upon the altar,” immediately following it [this verse]. Just as the burnt offering is fit, so is it with anything that was already fit and became disqualified after entering the courtyard, such as a sacrifice that stayed overnight, a sacrifice that was taken out of the courtyard, a sacrifice that was ritually unclean, [a sacrifice] that was slaughtered with an intention of [offering it up or eating its flesh] outside the time allotted for it or outside the proper place, and [any other disqualification] like them. -[from Zev. 83a, Sifra on Lev. 6:2] והיה המזבח קדש: ומה היא קדושתו, כל הנוגע במזבח יקדש, אפילו קרבן פסול שעלה עליו, קדשו המזבח להכשירו שלא ירד. מתוך שנאמר כל הנוגע במזבח יקדש, שומע אני בין ראוי בין שאינו ראוי, כגון דבר שלא היה פסולו בקדש, כגון הרובע והנרבע ומוקצה ונעבד והטרפה וכיוצא בהן, תלמוד לומר וזה אשר תעשה, הסמוך אחריו, מה עולה ראויה אף כל ראוי, שנראה לו כבר ונפסל משבא לעזרה, כגון הלן והיוצא והטמא ושנשחט במחשבת חוץ לזמנו וחוץ למקומו וכיוצא בהן:
---------------------
Daily Tehillim: Chapters 49 - 54
• Hebrew text
• English text• Chapter 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot redeem his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they study, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
FOOTNOTES
1. A musical instrument (Rashi).
2. A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
---------------------
Tanya: Likutei Amarim, beginning of Chapter 29
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, beginning of Chapter 29
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
• Thursday,
Adar I 9, 5776 · February 18, 2016
Likutei Amarim, beginning of Chapter 29
Adar I 9, 5776 · February 18, 2016
Likutei Amarim, beginning of Chapter 29
In ch. 26 the Alter Rebbe stated that both depression and dullness of heart produce a state of sluggishness which prevents a person from overcoming the evil inclination of the animal soul. He therefore outlined in chs. 26-28 methods of overcoming depression arising from various causes. In this chapter the Alter Rebbe will discuss means of dealing with “dullness of heart”(timtum halev), after describing this state more clearly.
אך עוד זאת, צריך לשית עצות בנפשות הבינונים
Those whose souls are of the level of Beinonim must seek means of contending with yet another difficulty.
אשר לפעמים ועתים רבים יש להם טמטום הלב שנעשה כאבן, ולא יכול לפתוח לבו בשום אופן לעבודה שבלב, זו תפלה
Occasionally, and even frequently, they experience a dullness of the heart, as though it had turned to stone, and, try as they might, they cannot open their heart in prayer, which is by definition the1 “service of the heart.”
Chassidut explains that prayer is the “service of the heart” in a two-fold sense: (a) It takes place in the heart, for in prayer one strives to extend his intellectual apprehension of G‑dliness into the realm of emotions experienced in the heart — the love and fear of G‑d; (b) The object of prayer is the heart, for in prayer one tries to transform the nature of his heart — to steer it away from the mundane desires to which it naturally inclines, and to direct it instead towards a yearning for the spiritual and the G‑dly. To accomplish both these objectives of prayer, the heart must of course be open and receptive, and thus timtum halev is a major hindrance.
וגם לפעמים לא יוכל להלחם עם היצר לקדש עצמו במותר לו, מפני כבדות שבלבו
Also, the heaviness in his heart prevents him at times from waging war against the evil impulse, in sanctifying himself in permitted matters.
As the Alter Rebbe explained in ch. 27, it is the task of the Beinoni to suppress the desires of his heart, e.g., by not eating as soon as he has the urge to do so. This requires a battle with one’s evil impulse, which demands that he gratify all of his desires. When his heart is dull, heavy and insensitive he cannot fight the evil impulse.
וזאת היא עצה היעוצה בזהר הקדוש, דאמר רב מתיבתא בגן עדן: אעא דלא סליק ביה נהורא, מבטשין ליה כו׳, גופא דלא סליק ביה נהורא דנשמתא, מבטשין ליה כו׳
In this case, the advice given in the holy Zohar2 is, as the president of the academy of Gan Eden said: “A wooden beam which does not catch fire should be splintered, and similarly a body into which the light of the soul does not penetrate should be crushed,” and thereby the body becomes receptive to the soul’s light, as the Zoharconcludes.
In the analogy quoted from the Zohar we see that the wood is made receptive to the flame, rather than the flame being increased or improved to the point where it overwhelms the wood. Similarly with the insensitive heart. Timtum halev must be eradicated (by removing its underlying cause, as the Alter Rebbe will soon conclude), rather than overwhelmed (by increasing the intellectual light of contemplation on the greatness of G‑d).
פירוש נהורא דנשמתא: שאור הנשמה והשכל אינו מאיר כל כך למשול על חומריות שבגוף
The reference to the “light of the soul” which, in this case, does not penetrate the body means that the light of the soul and of the intellect does not illuminate to such an extent as to prevail over the coarseness of the body.
ואף שמבין ומתבונן בשכלו בגדולת ה׳, אינו נתפס ונדבק במוחו כל כך שיוכל למשול על חומריות הלב, מחמת חומריותן וגסותן
Thus, although he understands and meditates in his mind on the greatness of G‑d, yet that which he understands is not apprehended and implanted in his mind to the point where it enables him to prevail over the coarseness of the heart — because of the degree of their (the mind and heart’s) coarseness and crassness. 3
| FOOTNOTES | |
| 1. | Taanit 2a. |
| 2. | III, 168a. |
| 3. | Note the discrepancy: The Alter Rebbe began the chapter speaking of "dullness of heart"; here, the problem is identified as the crassness of mind and heart. It has accordingly been suggested - in light of the well-known doctrine that mind and heart have a cause-and-effect relationship, so that the emotions ought naturally to respond to any idea that the intellect apprehends - that any emotional insensitivity is indicative of a flaw in one's intellectual apprehension. The Rebbe rejects this suggestion, arguing that if this were the case, the Alter Rebbe would have mentioned the problem of this species of "mental block" at the beginning of the chapter. The Rebbe resolves the problem as follows: The Alter Rebbe, who addresses himself to the Beinoni, speaks of that type of insensitivity which can trouble the Beinoni. As explained earlier (in chapter 17), the Beinoni is always in control of his mind, and the Alter Rebbe therefore speaks only of "dullness of heart." When the Alter Rebbe mentions "the crassness of mind and heart" he is explaining the citation from the Zohar. The statement of the Zohar, while applicable to the Beinoni as well (which is why the Alter Rebbe cites it), does not address the Beinoni exclusively; it obviously deals with the rasha, too, who is not master over his mind; he indeed has a dual problem - the crassness of his mind as well as of his heart. |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Thursday, Adar I 9, 5776 · February 18, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 52
Intermarriage
"You shall not make marriages with them"—Deuteronomy 7:3.
It is forbidden to marry a non-Jew.
Full text of this Mitzvah »
Negative Commandment 53
Marriage with an Ammonite or Moabite
"An Ammonite or a Moabite shall not enter the congregation of G‑d"—Deuteronomy 23:4.
It is forbidden to marry a male Ammonite or Moabite, even after they convert to Judaism.
Full text of this Mitzvah »
Negative Commandment 55
Rejecting an Egyptian
"Do not reject an Egyptian"—Deuteronomy 23:8.
It is forbidden to utterly distance an Egyptian convert. A third generation Egyptian convert must be allowed to marry among the Jewish people.
Full text of this Mitzvah »
Negative Commandment 54
Rejecting an Edomite
"Do not reject the Edomite, since he is your brother"—Deuteronomy 23:8.
It is forbidden to utterly distance an Edomite convert. A third generation Edomite convert must be allowed to marry among the Jewish people.
Full text of this Mitzvah »
Negative Commandment 354
Marrying a Bastard
"A mamzer shall not enter into the assembly of G‑d"—Deuteronomy 23:3.
A child born of certain illicit relationships is called a mamzer. Such an individual may not marry a non-mamzer.
Full text of this Mitzvah »
Negative Commandment 360
A Castrated Man
"A man with injured testicles or whose member is cut may not enter the assembly of G‑d"—Deuteronomy 23:2.
A man whose genitals have been damaged to the point that he is incapable of fathering a child may not marry a Jewish woman.
Full text of this Mitzvah »
Negative Commandment 361
Castration
"...neither shall you do this in your land"—Leviticus 22:24.
It is forbidden to cause castration to a male – whether human or animal – by damaging his genitals. It is forbidden even to further damage the genitals of a male who has already been castrated.
Full text of this Mitzvah »
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 52
Intermarriage
"You shall not make marriages with them"—Deuteronomy 7:3.
It is forbidden to marry a non-Jew.
Full text of this Mitzvah »
Intermarriage
Negative Commandment 52
Translated by Berel Bell
The 52nd prohibition is that we are forbidden from marrying heretics.1
The source of this commandment is G‑d's statement,2 "do not intermarry with them," which then explains what kind of intermarriage is referred to — "do not give your daughters to their sons, and do not take their daughters for your sons."
Tractate Avodah Zarah3 states clearly, "the Torah prohibition applies where there is marriage."
There are variations regarding the punishment for one who transgresses this prohibition. If he has relations with her in public, the punishment is carried out by one who kills him while he is in the act — as Pinchas did to Zimri.4 Our Sages said5 [regarding this law]: "a man who has relations with a non-Jew — the zealous are allowed to kill him." This is true only upon certain conditions: that the act was done in public and the act is still in progress, just it as happened [with Pinchas and Zimri].
If, however, nobody knows of the act, or he separated from her before the zealous could kill him, his punishment is kares. This kares is not explicitly mentioned in Scripture. Our Sages asked,6 "what if the zealous do not kill him?" They explain that he receives kares, as it is written,7 "[Yehudah has rebelled...] because Yehudah, who was holy to G‑d, has profaned himself; because he loved and had relations with the daughter of a foreign god. G‑d will give kares to the one who does this, [he will neither be] a student nor a teacher." [In reference to this] our Sages said, "from here we learn that he receives kares."
Whenever it is determined that a man has had relations with a non-Jewish woman, and there were witnesses and a warning,8 he is lashed by Torah law. One should understand this.
The details of this law are explained in Avodah Zarah9 and Sanhedrin.10
FOOTNOTES
1.I.e. all non-Jews, regardless of whether they worship idols or not. See Hilchos Issurei Biyah, 12:1. Kapach, 5731, note 74.
2.Deut. 7:3.
3.36b.
4.Num. 25:6-8.
5.Sanhedrin 81b.
6.Ibid. 82a.
7.Malachi 2:11-12.
8.And, as mentioned above, there was marriage.
9.36b.
10.82a.
------------------------------------Negative Commandment 53
Marriage with an Ammonite or Moabite
"An Ammonite or a Moabite shall not enter the congregation of G‑d"—Deuteronomy 23:4.
It is forbidden to marry a male Ammonite or Moabite, even after they convert to Judaism.
Full text of this Mitzvah »
Marriage with an Ammonite or Moabite
Negative Commandment 53
Translated by Berel Bell
The 53rd prohibition is that we are forbidden from marrying male descendants of Ammon and Moav — even after they have converted to Judaism.
The source of this commandment is G‑d's statement,1 "An Ammonite or Moabite [man] may never enter the congregation of G‑d."
One who transgresses this prohibition receives lashes — i.e. when a male Ammonite or Moabite convert has relations with a Jewish woman within marriage, both receive lashes by Torah law.
The details of this law are explained in the eighth chapter of Yevamos2 and the end of Kiddushin.3
FOOTNOTES
1.Deut. 23:4.
2.76b.
3.74b.
-------------------------------------Negative Commandment 55
Rejecting an Egyptian
"Do not reject an Egyptian"—Deuteronomy 23:8.
It is forbidden to utterly distance an Egyptian convert. A third generation Egyptian convert must be allowed to marry among the Jewish people.
Full text of this Mitzvah »
Rejecting an Egyptian
Negative Commandment 55
Translated by Berel Bell
The 55th prohibition is that we are forbidden from distancing ourselves from Egyptians by refusing to marry them once they have converted to Judaism.1
The source of this commandment is G‑d's statement,2 "do not despise the Egyptian."
The details of these two mitzvos, i.e. that of the Egyptian and that of the Edomite,3 are explained in the eighth chapter of Yevamos and the end of Kiddushin.4
FOOTNOTES
1.This is only in the third generation following the conversion. During the first two generations, one is forbidden from marrying them. See Hilchos Issurei Biyah, 12:19.
2.Deut. 23:8.
3.N54.
4.Op.cit.
---------------------------------------Negative Commandment 54
Rejecting an Edomite
"Do not reject the Edomite, since he is your brother"—Deuteronomy 23:8.
It is forbidden to utterly distance an Edomite convert. A third generation Edomite convert must be allowed to marry among the Jewish people.
Full text of this Mitzvah »
Rejecting an Edomite
Negative Commandment 54
Translated by Berel Bell
The 54th prohibition is that we are forbidden from distancing ourselves from the descendants of Esav once they have converted to Judaism — i.e. we are forbidden from refusing to marry them after their conversion.1
The source of this commandment is G‑d's statement,2 "do not despise the Edomite, since he is your brother."
FOOTNOTES
1.See note to N55.
2.Deut. 23:8.
--------------------------------------Negative Commandment 354
Marrying a Bastard
"A mamzer shall not enter into the assembly of G‑d"—Deuteronomy 23:3.
A child born of certain illicit relationships is called a mamzer. Such an individual may not marry a non-mamzer.
Full text of this Mitzvah »
Marrying a Bastard
Negative Commandment 354
Translated by Berel Bell
The 354th prohibition is that a mamzer1 is forbidden from having relations with a Jewish woman.2
The source of this commandment is G‑d's statement,3 "a mamzer may not enter the congregation of G‑d."
One who transgresses this prohibition receives lashes.
The details of this mitzvah are explained in the eighth chapter of Yevamos and the end of Kiddushin.
FOOTNOTES
1.An illegitimate child, product of a sexual prohibition punishable by kares. See end of N353.
2.In Hilchos Issurei Biyah, 15:2, the Rambam rules that he would receive lashes only if he had relations with her after kiddushin.
3.Deut. 23:3.
--------------------------------------Negative Commandment 360
A Castrated Man
"A man with injured testicles or whose member is cut may not enter the assembly of G‑d"—Deuteronomy 23:2.
A man whose genitals have been damaged to the point that he is incapable of fathering a child may not marry a Jewish woman.
Full text of this Mitzvah »
A Castrated Man
Negative Commandment 360
Translated by Berel Bell
The 360th prohibition is that a man whose reproductive organs have been damaged to the extent that he cannot father children is forbidden from having relations with a Jewish woman.
The source of this commandment is G‑d's statement,1 "a man with crushed testicles or a cut member may not enter the congregation of G‑d."
If he had relations with a Jewish woman after kiddushin, he receives lashes.
The details of this mitzvah are explained in the ninth chapter of Yevamos.
FOOTNOTES
1.Deut. 23:2.
---------------------------------------Negative Commandment 361
Castration
"...neither shall you do this in your land"—Leviticus 22:24.
It is forbidden to cause castration to a male – whether human or animal – by damaging his genitals. It is forbidden even to further damage the genitals of a male who has already been castrated.
Full text of this Mitzvah »
Castration
Negative Commandment 361
Translated by Berel Bell
The 361st prohibition is that we are forbidden from damaging the reproductive organs of any male, including all species of animals, as well as humans.
The source of this commandment is G‑d's statement1 which follows mention of [animals whose reproductive organs were] crushed by hand or by instrument, pulled loose, or severed — "in your land you may not do this."
[Our Sages2 gave] the explanation of this verse: "among you [i.e. by Jews] it may not be done."
One who transgresses this prohibition — i.e. who castrates one from any species — receives lashes.
In the chapter Shemonah Sheratzim,3 our Sages said, "What is the source for the prohibition of castrating a man? The verse, 'in your land you may not do this' — i.e. among you.4 Even the second one to damage a reproductive organ5 transgresses this prohibition, as Rabbi Chiya bar Abun said in the name of Rabbi Yochanan: 'everyone agrees that the second one to make [a meal offering] into chometz [also] transgresses, since it is written,6 "do not bake it chometz," and7 "do not make it chometz." The second one to damage a reproductive organ transgresses since it is written, "crushed by hand or by instrument..." If one transgresses for crushing by hand, it is obvious that one transgresses for crushing with an instrument! But this comes to include even one who crushes with an instrument after they were already crushed by hand — that he too transgresses.' "
The details of this mitzvah are explained in a number of passages in Shabbos and Yevamos.
FOOTNOTES
1.Lev. 22:24.
2.Sifra, Emor, 7:11.
3.Shabbos 110b.
4.Rather than literally, "in your land," i.e. of Israel. The prohibition actually applies outside Israel as well. See Hilchos Issurei Biyah, 16:10.
--------------------------------------
• 1 Chapter: Shemita Shemita - Chapter 4
• English Text | Hebrew Text | Audio: Listen | Download | Video Class• Shemita - Chapter 4
Audio: Listen | Download | Video Class• Shemita - Chapter 4
Halacha 1
All produce that grows from the earth1 in the Sabbatical year:2 whether it grew from seeds that fell into the earth before the Sabbatical year, it grew from roots whose plants were harvested previously, but nevertheless grew again - in both instances [such produce] is referred to with the term safiach3 - or grasses and vegetables that grew on their own accord [in the Sabbatical year], is permitted to be eaten according to Scriptural Law,4 as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours to eat." Even when a field was plowed thoroughly5 in the Sabbatical year, and produce grew in it, that produce is permitted to be eaten. The statement [ibid.:] "Do not reap the aftergrowth of your harvest" means that one should not reap it in the same manner as one does every year.6 If one reaps it according to the ordinary manner, he is worthy of lashes. For example, he harvested the entire field, set up a grain heap, and threshed it with cattle or harvested it for the sake of tilling the land as we explained.7 Instead, he should reap it little by little, beat it,8 and partake of it.
Halacha 2
According to Rabbinic decree, all the sifichim are forbidden to be eaten. Why was a decree established concerning them? Because of the transgressors, so that they could not go and sow grain, beans, and garden vegetables in one's field discretely and when they grow, partake of them, saying that they are sifichim. Therefore the Sages prohibited all the sifichim that grow in the Sabbatical year.
Halacha 3
Thus we have learned that the only produce of the Sabbatical year of which one may partake are fruit from trees9 and herbs that are not sown by most people,10e.g., rue, amaranth,11 and the like. With regard to vegetables that most people sow in their gardens and species of grains and beans, by contrast, anything that grows from these species is forbidden according to Rabbinic decree. One who gathers them12 is liable for stripes for rebellious conduct.
Halacha 4
When sifichim grow in an underdeveloped field,13 a field that was plowed, a vineyard, and a field where crops had been sown,14 they are permitted to be eaten.
Why was the above decree not applied to these places? Because a person will not sow these fields. [He will not sow] an underdeveloped field, because no one pays attention to it. When a field has been plowed, [the owner] desires that it remain lying fallow. With regard to a vineyard, no person will cause his vineyard to become forbidden.15 And when a field has been sown, the aftergrowth will spoil it. Similarly, straw that grows in the Sabbatical year is permitted in all places; no decree was issued against its use.16
Halacha 5
Halacha 6
Halacha 7
When onions of the Sabbatical year enter the eighth year, they are permitted when there is enough time for produce of that size to have grown [in the eighth year].22 If not, they are forbidden.23
Similar concepts apply with regard to other produce. They should not be purchased in the eighth year24 until produce of that size could have grown in the eighth year. When, in the eighth year, the produce which grows rapidly reaches [the size of the produce which grew in the Sabbatical year], the prohibition is lifted from the produce that remains.25 It is permitted to purchase garden vegetables in the eighth year immediately.26
Halacha 8
When is a person permitted to purchase wild onions in the eighth year? When the new produce exceeds [the old].27
Halacha 9
The first of Tishrei is Rosh HaShanah with regard to the Sabbatical and Jubilee years.28 [The following rules apply with regard to] produce of the sixth year that enters the Sabbatical year. Grain, legumes, or fruit29 that reached the stage when tithes are required to be separated30 before Rosh HaShanah [of the Sabbatical year] are permitted [to be reaped]. Even though they are gathered in the Sabbatical year, they are considered like produce of the sixth year in all regards.31 If they did not reach the stage when tithes are required to be separated until after Rosh HaShanah, they are considered as produce of the Sabbatical year.32
Halacha 10
Halacha 11
When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed,35 [the ruling depends on] when the produce completes its growth.36 If its growth is completed before Rosh HaShanah, these [seeds] are permitted [to be harvested] in the Sabbatical year like the produce of the sixth year. If their growth is completed after Rosh HaShanah, even though [the plants] took root before Rosh HaShanah, they are forbidden as sifichin.
Halacha 12
[The ruling regarding] vegetables [depends] on the time they were harvested.37
With regard to an esrog, even if it was the size of a bean before Rosh HaShanah [of the Sabbatical year] and grow to the size of a loaf of bread in the Sabbatical year, it is obligated to be tithed like the produce of the sixth year.38 [Conversely,] even if it had reached the size of a loaf of bread in the sixth year, since it was reaped in the Sabbatical year, it is considered as the produce of the Sabbatical year.39 As a stringency, the tithes are separated like the produce of the sixth year.
Halacha 13
Similarly, when the produce of the Sabbatical year is reaped in the eighth year: With regard to grain, legumes, and the fruit of the trees, [the ruling depends on when the produce reached] the stage when tithes are required to be separated.40 When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed, [the ruling depends on] when the produce completes its growth.41 [The ruling regarding] vegetables [depends] on the time they were harvested.42
Halacha 14
When one sowed Egyptian beans for seed in the sixth year and the produce was completed before Rosh HaShanah of the Sabbatical year, both its vegetables and its seed are permitted in the Sabbatical year.43 If one sowed it to use as a vegetable44and it entered the Sabbatical year, both its vegetables and its seed are forbidden like the sifichin of the Sabbatical year. Similarly, if he sowed it both for its seed and to use as a vegetable, it is forbidden.45
Halacha 15
[The following rules apply if] one transgressed and sowed [such beans] in the Sabbatical year, [their growth was completed in the Sabbatical year,] but they remained [in the ground] until eighth year: If they were sown for seed,46 both the seed and the vegetables are forbidden in the eighth year like other sifichin. If one sowed it to use as a vegetable, since it was harvested in the eighth year, both its vegetables and its seed are permitted.47 If he sowed it both for its seed and to use as a vegetable, its seed is forbidden as sifichin and its vegetables are permitted.
Halacha 16
Since white figs48 take three years before their growth is completed, if they reach the stage when tithes are required to be separated before Rosh HaShanah of the eighth year,49 they should be eaten in the second year of the seven year cycle according to the restrictions50 governing fruit of the Sabbatical year.
Halacha 17
Onions that will not produce scallions51 and Egyptian beans from which water was withheld for 30 days before Rosh HaShanah and onions that do produce scallions52 from which water was withheld for three irrigation periods53 before Rosh HaShanah are considered as the produce of the sixth year.54 If water was withheld from them for a shorter period, they are considered as sefichinfrom the Sabbatical year.55
Halacha 18
[The following laws apply with regard to] gourd plants which were maintained [in the ground] to produce seed. If they became hard56 before Rosh HaShanah and thus were unfit for human consumption, it is permitted to maintain them in the Sabbatical year, for they are from the produce of the sixth year.57 If not,58 they are considered as sefichin from the Sabbatical year.59
Similar [laws apply with regard to] vegetables. Any ones that become hard before Rosh HaShanah are permitted to be maintained in the Sabbatical year.60 If they were soft,61 it is forbidden to maintain them, as [is the law regarding] sefichin.62
We do not require a person to uproot wild onions. Instead, we allow him to leave them in the ground as they are.63 If they grow in the eighth year, they are permitted. Similarly, we do not require him to uproot an artichoke plant.64All that is necessary is to cut off its leaves.65 If it grows again in the eighth year, it is permitted.
Halacha 19
Halacha 20
When, in the Sabbatical year, rain descended upon onions70 and they sprouted leaves, the leaves are permitted as long as they are light green.71 If they have turned dark,72 it is considered as if the plants were planted in the earth and those leaves are forbidden as sefichin. In both situations, the onions themselves remain permitted.73
Halacha 21
When an onion was uprooted in the Sabbatical year and replanted in the eighth year and its growth exceeded its original size, the additional growth elevates the original mass74 and the entire [onion] is permitted. [The rationale is that] since the prohibition of the Sabbatical year comes about via the earth,75 it can be removed via the earth.76
Halacha 22
Fruits produced by a tree in the Sabbatical year should not be reaped in the same manner as they are reaped every year,77 as [Leviticus 25:5] states: "The grapes you had designated you shall not gather."78 One who reaps grapes to improve the vine or in the ordinary manner of reaping is liable for lashes.
Halacha 23
How should one conduct himself?79 Figs of the Sabbatical year should not be set out to dry in the place where they are usually set out to dry. They can, however, be left to dry in a ruin.80 We may not crush grapes81 in a vat, but they may be crushed in a kneading trough. Olives should not be crushed82 in a press, but they may be squeezed and placed in a very small press. One may grind them83 in the oil press and place them in a small press. Similarly, with regard to other matters, [the fundamental rule is]: One should deviate from the norm in whatever way possible.
Halacha 24
It is a positive commandment84 to divest oneself from everything that the land produces in the Sabbatical year, as [Exodus 23:11] states: "In the seventh [year], you shall leave it untended and unharvested."
Anyone who locks his vineyard or fences off his field in the Sabbatical year has nullified a positive commandment.85 This also holds true if he gathered all his produce into his home. Instead, he should leave everything ownerless. Thus everyone86has equal rights in every place, as [ibid.] states: "And the poor of your people shall partake of it." One may bring a small amount into one's home, just as one brings from ownerless property,87e.g., five jugs of oil, fifteen jugs of wine.88 If he takes more than that, it is permitted.89
Halacha 25
[The laws of] the Sabbatical year are observed only in Eretz Yisrael alone, as [Leviticus 25:2] states: "When you will come to the land...."90 It is observed while the Temple is standing and when the Temple is not standing.91
Halacha 26
In the entire area taken possession of by the Jews who ascended from Babylonia until Kziv,92 it is forbidden to work the land and the sifichin that grow there are forbidden to be eaten. In the entire area that was taken possession of only by the Jews that ascended from Egypt, i.e., from Kziv to the River [of Egypt]93 and to the Umanum Mountains,94 even though it is forbidden to till [the land] in the Sabbatical year, the sifichin that grow there are permitted to be eaten. From the River [of Egypt] and from the Umanum Mountains [onward], one may till [the land] in the Sabbatical year.95
Halacha 27
Although the Sabbatical year is not observed in Syria96 according to Scriptural Law, [our Sages] decreed that it would be forbidden to till it in the Sabbatical year like Eretz Yisrael, so that [the Jewish people] would not abandon Eretz Yisrael and go and settle permanently there. In Ammon, Moab,97 Egypt, and Babylonia, by contrast, though the tithes must be separated according to Rabbinic Law,98 the Sabbatical year is not observed.
Halacha 28
Halacha 29
When a gentile purchases land in Eretz Yisrael and sows it in the Sabbatical year, the produce is permitted.101 For our Sages decreed that sifichin should be forbidden only as a safeguard against transgressors and the gentiles are not commanded to observe the Sabbatical year. Thus there is no need to institute a safeguard for them.
Halacha 30
In the cities of Eretz Yisrael that are close to the border, we appoint a trustworthy watchman so that the gentiles will not spread [through the land] and take the produce of the Sabbatical year.102
FOOTNOTES
1.
As opposed to fruit; see Halachah 3.
2.
As indicated by Halachah 9, this refers to produce that reached the stage of growth that obligates the separation of tithes - i.e., one third of its growth - after Rosh HaShanah of the Sabbatical year. If the produce reached this stage of growth beforehand, it is permitted to be harvested in the Sabbatical year.
3.
This term is generally translated as "aftergrowth."
4.
There is an opinion that such produce is forbidden according to Scriptural Law, but the Rambam's view follows the opinion ofMenachot 5b.
5.
Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 4:2, based on the Jerusalem Talmud).
6.
Sefer HaMitzvot (negative commandment 222) and Sefer HaChinuch (mitzvah 328) includes this commandment among the 613 mitzvot of the Torah.
7.
I.e., harvesting produce will enable the land to generate better produce in the future. This apparently is the intent of Chapter 1, Halachah 1.
8.
To separate the grain from the chaff.
9.
For fruit will grow from trees without any effort on man's part.
10.
Since they are not sown by most people, there is no reason to forbid them from being reaped in the Sabbatical year, for it is unlikely that anyone would plant them.
11.
Both of these are fragrant herbs. Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Sh'vi'it 9:1).
12.
The Radbaz questions the Rambam's statement, for seemingly, the Rabbinic decree was against eating, not gathering. He, however, states that from the Jerusalem Talmud (Sh'vi'it 9:1), it would appear that the decree also included gathering the aftergrowth.
13.
In his Commentary to the Mishnah (Pe'ah2:1), the Rambam defines this term as a field left desolate and untilled.
14.
Apparently, this refers to a field where crops had been sown in the sixth year and they reached more than a third of their growth in that year. Hence, it is permitted to harvest them in the Sabbatical year.
15.
For that would bring about the violation of the prohibition of kilayim, mixed species in a vineyard, and cause the vineyard to become forbidden. See Hilchot Kilayim 6:1.
16.
Although it is not forbidden, it must be treated with the holiness of the Sabbatical year (Ra'avad; see Chapter 5, Halachah 19-20, 23).
17.
I.e., that attained one third of their growth in the Sabbatical year.
18.
If the aftergrowth of the Sabbatical year was allowed, it is possible that transgressors would sow their fields at the end of the Sabbatical year and then say that the crops that are growing are merely an aftergrowth.
19.
And in that way, destroy the crops. We are not concerned with the fact that they will fertilize the field or serve as food for his animals, for there is no prohibition against benefiting from the aftergrowth.
20.
For by that time, the majority of the produce will have grown in the eighth year. The Ra'avad questions the Rambam's source. The commentaries maintain that it follows the wording of the version of the Jerusalem Talmud, Demai 2:1, possessed by the Rambam.
21.
The rationale is that this produce is brought about by a combination of two factors: one (the earth) which is permitted and one (the aftergrowth) which is forbidden. In such situations, the produce is permitted. SeeHilchot Ma'aser Sheni 10:21.
22.
For it is possible that these are onions of the eighth year. And if they are from the Sabbatical year, it is possible that they increased their size to the extent that the majority of their growth took place in the eighth year (Radbaz).
23.
Lest one be partaking of an onion that grew in the Sabbatical year.
24.
From a person who is suspect of violating the prohibitions of the Sabbatical year.
25.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 6:4).
26.
See Halachot 12-13.
27.
The Radbaz quotes the Jerusalem Talmud (Sh'vi'it 5:5) as explaining that this refers to after the Pesach festival.
28.
The year is considered to begin from that date. See also Chapter 10, Halachah 4.
29.
The mention of fruit is somewhat problematic, because, as stated in Hilchot Ma'aser Sheni 1:2, the fifteenth of Shvat is "the New Year of the Trees." The Radbaz, however, explains that there is no contradiction. Each "new year" is considered in its own context. With regard to the calculation of the cycle of the tithes and the laws of orlah, the fifteenth of Shvat is "the New Year of the Trees." With regard to the prohibitions of the Sabbatical year, by contrast, the new year begins on Rosh HaShanah.
The Shelah, however, states that even with regard to the Sabbatical year, the fifteenth of Shvat is the Rosh HaShanah of the Trees and wit regard to them, the laws of the Sabbatical year begin from that date. This is the present practice in Eretz Yisrael.
30.
I.e., one third of its growth.
31.
It is permitted to harvest them and partake of them without any restrictions. Nor are they endowed with the holiness of the crops of the Sabbatical year. Similar laws apply with regard to the separation of tithes (ibid.).
32.
As explained in the following halachah.
33.
And harvested.
34.
See Chapters 5-6.
35.
From Rav Kappach's translation of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:8), it appears that the intent is that his purpose is to use the kernels as seed and not to partake of them. Others, however, interpret the Rambam's as meaning that he desires to eat the seeds and not the pods. Were the person concerned with eating the pods - or even the kernels according to the first interpretation - the plants would be considered like vegetables; see Halachah 14.
36.
I.e., they are not considered like vegetables in which the time when they are gathered determines the ruling (Halachah 12), because they are not gathered immediately after their growth is completed, but rather left growing in the earth so that they dry. Nor are they considered like grain or beans in which instance, the time when they reach one third of their growth determines the ruling (Halachah 9), because they complete their growth at different times. See alsoHilchot Ma'aser Sheni 1:8 which sets these species aside from others.
37.
It is bound by the agricultural laws governing the year in which it was reaped (ibid.:4).
38.
The produce of the Sabbatical year need not be tithed. Nevertheless, as a stringency, the ruling governing an esrog is dependent on when the fruit first budded (Rosh HaShanah15b). Hence, it is necessary to tithe such an esrog. Compare to ibid. 1:6.
39.
And must be eaten with consideration shown for the special holiness of that year (Radbaz).
40.
As in Halachah 9. Thus if they complete one third of their growth before the advent of the eighth year, they are considered as produce of the Sabbatical year.
41.
As in Halachah 11. I.e., whether in the Sabbatical year or in the eighth year.
42.
As in Halachah 12. The Rambam does not mention the laws pertaining to an esrog, because since it is reaped in the eighth year, it is considered entirely as the produce of the eighth year. None of the restrictions of the Sabbatical year apply and tithes must be separated.
43.
Since it was sowed for seed, that intent determines the ruling, and the laws stated in Halachah 11 apply. Since as a whole, the plant is considered as the produce of the sixth year, even if part of the plant is harvested as a vegetable, we are not concerned about when it was harvested and it is still considered as produce of the sixth year.
44.
The ruling is governed by that intent and the laws mentioned in Halachah 12 apply, even to the seeds.
45.
Because of the impression that might be created. With regard to this question, the standard published text of the Jerusalem Talmud (Sh'vi'it 5:5) states that the seed is permitted and the vegetable is forbidden. The Radbaz maintains that the Rambam's ruling should be interpreted in the same manner (as might be understood from the conclusion of the following halachah). TheKessef Mishneh suggests that perhaps the Rambam had a different version of the Jerusalem Talmud.
46.
The ruling is determined by when the growth of the produce was completed, in this instance, the Sabbatical year. Hence, it is forbidden as are the other sifichin of that year (Halachah 5).
47.
For the ruling concerning vegetables depends on when they were harvested.
The Ra'avad differs with the Rambam's ruling, maintaining that there is no room for leniency with regard to produce that was sown in the Sabbatical year. The Radbaz justifies the Rambam's ruling, maintaining that it is based on a passage from the Jerusalem Talmud. Rav Yosef Corcus explains that even though sowing the land involves a transgression and in the Sabbatical year, the crops should be uprooted, if that did not happen, the vegetables are not forbidden.
48.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 5:1).
49.
As stated in Halachah 9, this is the determining factor with regard to fruit from trees. Hence they are considered as fruit of the Sabbatical year.
50.
I.e., in a manner which acknowledges their holiness.
51.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 2:9). The term seris means "eunuch." It is used in this instance because generally, onions produce scallions if they are left in a moist place after being uprooted from the earth. Just as a eunuch cannot produce seed, this species does not produce scallions.
52.
Here too our translation is based on the above source.
53.
In that age, when water pumps and piping did not exist, irrigation was a much more complicated matter and plants would be irrigated at specific periods. When a farmer would like to harvest his produce, he begins withholding water from it beforehand, so that it will begin to dry.
54.
Even if they are harvested in the Sabbatical year, for it is considered as if their growth was completed in the sixth year.
55.
For it is considered as if they were still growing at the end of the sixth year.
56.
They dried out [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:10)].
57.
For they did not grow in the Sabbatical year.
58.
And thus they grew in the Sabbatical year.
59.
And they must be destroyed, for it is forbidden to take produce of the Sabbatical year and set it aside to be used for seed in future years (ibid.).
60.
For they did not grow in the Sabbatical year.
61.
And thus they grew in the Sabbatical year.
62.
The Tosefta, Sh'vi'it 2:11 explains that the prohibition stems from the impression that might be created. An onlooker might think that they were planted in the Sabbatical year (Kessef Mishneh).
63.
Wild onions grow in the ground for up to three years. Hence, there is no question about what an onlooker might say, for the majority of the produce will have grown at a time when it is permitted.
64.
Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Uktzin 1:6). Our text follows the version of the Mishneh Torah published by Rav Shabse Frankel. The standard printed text offers a slightly different version. Since the artichoke plant grows primarily in the ground and that portion is not visible, it need not be uprooted.
65.
This is necessary. Because the leaves are soft and edible, we are concerned with the impression an observer might receive.
66.
The Rambam's Commentary to the Mishnah (Sh'vi'it 5:4) states that we are speaking about onions that have reached the stage that all that is necessary is to dig them out and uproot them.
67.
Which become dried out (ibid.).
68.
A plant which produces a powerful red dye.
69.
Although using the metal hatchets would overturn the earth, this is not considered as tilling the land, because one's intent is obviously to harvest the produce (Radbaz).
70.
We are speaking about onions that had completed their growth before the Sabbatical year, but had been left in the ground.
71.
As long as the leaves are green, they are considered as if they come from the onion itself [the Rambam's Commentary to the Mishnah (Sh'vi'it 6:2)].
72.
As the leaves grew, the onion produces roots. As the roots grow, the leaves turn dark green.
73.
For their growth was completed before the advent of the Sabbatical year.
74.
The onion becomes permitted when the majority of its mass is permitted. The new growth nullifies the forbidden matter.
75.
I.e., growing in the earth in the Sabbatical year.
76.
Increasing its size in the eighth year.
The Ra'avad objects to the Rambam's ruling, noting that the Jerusalem Talmud (Sh'vi'it 6:3) appears to imply that the leniency is granted only when the leaves of the onions were bent over. Otherwise, the onions remain forbidden. The Radbaz and the Kessef Mishneh justify the Rambam's ruling, stating that it reflects the treatment of the subject in the Babylonian Talmud (Nedarim 59b). Moreover, even the Jerusalem Talmud can be interpreted in this manner.
77.
The prohibition does not prevent us from reaping the fruits of the trees during the Sabbatical year. On the contrary, the fruits are ownerless and are meant to be eaten by people at large, as Leviticus 11:39 states, "[The fruit produced as] the land rests shall be yours to eat." The point of the mitzvah is that one may not reap in the same manner that he usually does [the Rambam's Commentary to the Mishnah (Sh'vi'it 8:6)].
78.
Sefer HaMitzvot (negative commandment 223) and Sefer HaChinuch (mitzvah 329) include this commandment among the 613 mitzvot of the Torah.
79.
I.e., what changes should be made to the usual manner of reaping.
80.
Our translation of this halachah is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 8:6).
81.
To produce wine.
82.
To extract their oil.
83.
After olives were pressed once and the higher quality of oil extracted, the olives would be ground and pressed again to produce more oil. Compare to Hilchot Issurei Mizbeiach 7:8.
84.
Sefer HaMitzvot (positive commandment 134) and Sefer HaChinuch (mitzvah 84) includes this commandment among the 613 mitzvot of the Torah.
The Rambam's wording implies that the commandment is incumbent on the person; he must consider his property ownerless. Other commentaries note that Bava Metzia39a speaks of "the land being declared ownerless by the King," i.e., that automatically, the person's right to his produce is removed from him by Divine order. See Likkutei Sichot, Vol. XVII, p. 287ff., which clarifies the difference between these perspectives.
85.
The Kessef Mishneh quotes the Mechiltawhich explains that according to Scriptural Law, it would appear that one should rip down the fences around his fields. Our Sages did not require that. They did, however, forbid erecting new fences.
86.
The rich as well as the poor.
87.
I.e., although the owner of the land does not have greater privileges than others, he does not have lesser privileges either and may take some of the produce.
88.
For this is an ordinary amount which a person would store for immediate use. To set aside produce for long term storage is forbidden in the Sabbatical year.
89.
For ultimately, he has not treated the field as his own, but has left it ownerless.
90.
Implying that these mitzvot are observed only in that land.
91.
For this reason, the laws of the Sabbatical year were observed even before the Temple was constructed (Radbaz).
Although the laws of the Sabbatical year are not dependent on whether or not the Temple is standing, they are dependent on the presence of the majority of the Jewish people in Eretz Yisrael, as stated in Chapter 10, Halachah 9. As stated in Halachah 8 of that chapter, after the exile of the tribe of Reuven and Gad, slightly more than a hundred years before the destruction of the First Temple, this criterion was not met and the Sabbatical year and many other mitzvot are observed only because of Rabbinic decree.
(As will be explained in the notes to that source, there is some difference of the opinion concerning both the actual ruling and the Rambam's stance on that issue.)
92.
As the Rambam explains in Hilchot Terumah, ch. 1, and Hilchot Beis HaBechirah, ch. 6, when the Jews conquered Eretz Yisrael after the exodus from Egypt, the land became holy and all the agricultural laws incumbent on it took effect. After the exile of the tribes of Reuven and Gad, these laws no longer applied according to Scriptural Law. When Ezra led the people back from the Babylonian exile, he sanctified the land a second time according to Rabbinic decree. At this time, however, the people settled in a much smaller area than they had originally lived. Kziv was the northern boundary of that area and is considered outside the area. See the maps accompanying Hilchot Terumah, loc. cit. See also the Rambam's Commentary to the Mishnah (Sh'vi'it 6:1).
93.
According to the Radbaz (Hilchot Terumah1:9), this refers to Wadi el Arish and not the Nile. There are, however, other sources which identify "the River of Egypt" as the Nile.
94.
A mountain range in Northern Lebanon. This represents the boundaries of the land conquered by the Jews after the Exodus from Egypt. As the Rambam explains, our Sages imposed certain restrictions on this land as well.
95.
This area is considered as part of the Diaspora and none of the agricultural laws relating to Eretz Yisrael apply there. The Umanum Mountains themselves are part of the Diaspora.
96.
"The lands which [King] David conquered outside of the Land of Canaan, e.g., Aram Naharaim, Aram Tzovah, Achlab [which are located slightly north of Eretz Yisrael]... before he conquered Eretz Yisrael entirely." See Hilchot Terumah 1:3 and the Rambam's Commentary to the Mishnah (Demai 6:11).
97.
Countries to the southeast of Eretz Yisrael.
98.
See Hilchot Terumah 1:6.
99.
Transjordan refers to the area extending outward from the eastern bank of the Jordan. The tribes of Reuven, Gad, and half the tribe of Menasheh settled there. Rav Yosef Corcus maintains that according to Scriptural Law, the Sabbatical year never had to be observed there (see Sifra, the beginning of Behar), because it is not part ofEretz Yisrael in certain contexts. Others maintain that according to Scriptural Law, in the era of the First Temple, the Sabbatical year was to be observed there. All agree that our Sages required its partial observance.
100.
The Radbaz explains that this applies even if the Jews returning from Babylon had settled in a portion of this territory, thesificihin are not forbidden.
101.
I.e., we are allowed to purchase this produce and partake of it. This applies even in the portion of the land where the Sabbatical year is observed according to Rabbinic decree.
The Radbaz and the Kessef Mishneh refer to the Kaftor VePerach who states that seemingly, although produce grown by a gentile in Eretz Yisrael in the Sabbatical year is permitted, it would have to eaten with respect to its holiness, as described in the following chapter. For as the Rambam states in Hilchot Terumah 1:10: "When a gentile purchases land in Eretz Yisrael, he does not cause it to be absolved from [the observance of] the mitzvot. Instead, its holiness is still intact." Thus although there is no reason to forbid one from partaking of the produce grown by a gentile, seemingly, it should be considered "holy."
They note that in their time this was not the common practice, (nor is it the practice inEretz Yisrael today). They justify this conduct on the grounds that, according to certain views (see Chapter 10, Halachah 9, where this subject is discussed) that in the present era, the observance of the Sabbatical year is a Rabbinic ordinance (and not of Scriptural authority). And our Sages did not impose any restrictions on produce grown by gentiles.
102.
In addition to the material motive involved, there is a ritual dimension to this restriction. We are forbidden to allow a gentile to partake of the produce of the Sabbatical year (Chapter 5, Halachah 13). The Radbaz questions if watchmen should be appointed to guard the fields of Jews inEretz Yisrael that are not located on the border, but are near areas where gentiles are located and there is a possibility that they will take the produce that is left ownerless.
---------------------
• 3 Chapters: Issurei Biah Issurei Biah - Chapter Fifteen, Issurei Biah Issurei Biah - Chapter Sixteen, Issurei Biah Issurei Biah - Chapter Seventeen • English Text | Hebrew Text | Audio: Listen | Download• Issurei Biah - Chapter Fifteen
Audio: Listen | Download• Issurei Biah - Chapter Fifteen
Halacha 1
What is meant by the Torah's prohibition against relations with a mamzer? [The term refers to a person conceived from] a forbidden sexual relationship.1A niddah is an exception. A son conceived from such relationships is blemished,2 but is not a mamzer. When, however, a man enters into any other forbidden sexual relationships, whether through rape, or willingly, whether conscious of the prohibition or not,3 the offspring produced is a mamzer. Both male and female [mamzerim] are forbidden forever, as [Deuteronomy 23:3] states: "[A mamzer shall not enter God's congregation.] Also the tenth generation...," i.e., [the prohibition is] everlasting.
Halacha 2
When a mamzer marries a Jewish women or a Jewish man marries a femalemamzer, once they enter into relations after consecration, they are punished by lashes.4 If the man consecrates the woman, but does not enter into relations, he does not receive lashes.5 If they enter into relations without consecration, they6 do not receive lashes because of relations with amamzer.7 For the only instance where relations that involve a negative prohibition incur the punishment of lashes without the woman being consecrated is relations between a High Priest and a widow, as will be explained.8
When a woman remarries his divorcee after she married another person,9the offspring are acceptable. For she is not considered an ervah.
Halacha 3
When a gentile or a servant enter into relations with a Jewish woman, the child is acceptable. [This applies] whether the woman is unmarried or married, whether she was raped or engaged in relations willingly.10 When a gentile or a servant enter into relations with a female mamzer, the offspring is amamzer.11 When a mamzer enters into relations with a female gentile, the offspring is a gentile. If [the child] converts, he is fit to marry within the Jewish people like other converts.12 If [a mamzer] enters into relations with a maid-servant, the offspring is a servant. If he is freed, the offspring is acceptable like other freed servants. He may marry a Jewish woman.
Halacha 4
This is the general principle: When a child is born from a servant, a gentile, a maid-servant, or a female gentile, he is like his mother.13 We are not concerned with the father. For this reason, [the Sages] permitted a mamzer to marry a maid-servant to purify the lineage of his descendants. For he can free them and they will be free men.14 [Our Sages] did not ordain a decree forbidding a maid-servant to a mamzer,15 so that he can legitimize his sons.16
Halacha 5
When a person who is half a servant and half a freed man17 engages in relations with a married woman, a son born of that relationship has no way of legitimizing [his marriage relationships], because the dimension of him which is a mamzer18 and the dimension of him which is an acceptable Jew19 are intermingled. Therefore he is forbidden to engage in relations with a maid-servant.20 and his offspring share his status forever.21
Halacha 6
When a gentile engages in relations with a maid-servant who immersed herself, the offspring are servants. When a servant who immersed himself engages in relations with a female gentile, the offspring are gentile. He is given his mother's status. When, however, a gentile engages relations with a gentile maid-servant or a gentile servant engages relations with a gentile woman, the status of the offspring follows that of the father.
Halacha 7
A mamzer may marry a female convert and a female mamzer may marry a male convert, the offspring of both relationships are mamzerim.22 For the status of the offspring follows that of the blemished one. [The license for such a marriage is derived from] the verse: "[A mamzer shall not enter] God's congregation." The congregation of converts is not considered as "God's congregation."
Halacha 8
When a female convert marries a male convert and gives birth to a son, he is permitted to marry a female mamzer even though he was both conceived and born in holiness.23 This also applies to the son of his grandson [- or any other descendant -] until his connection with conversion is forgotten and it is not known that he [descends from] converts.24 Afterwards, he will be forbidden to marry a female mamzer. Converts and freed servants are bound by the same laws.25
Halacha 9
When a convert marries a native-born Jewess26 or a native-born Jew marries a convert, the son is a Jew in all contexts and is forbidden to marry a femalemamzer.
Halacha 10
There are three categories of mamzerim: one that is definitely a mamzer, amamzer whose status is a matter of doubt, and a mamzer by Rabbinic decree. What is meant by one who is definitely a mamzer? The offspring of a relationship that is definitely incestuous or adulterous, as we explained.27
A mamzer whose status is a matter of doubt is the offspring of a relationship that we are unsure whether it is adulterous or incestuous. For example, a man engaged in relations with a woman who was consecrated, but we are unsure if the consecration was effective,28 or who was divorced, but we are unsure whether the divorce was effective,29 or a similar situation.
A mamzer by Rabbinic decree: for example, a woman who heard that here husband died and remarried and then discovered that her husband was alive. Afterwards, her [first] husband engaged in relations with her while she was still married with her second husband, the offspring is a mamzer by Rabbinic decree.30
Halacha 11
When an unmarried woman becomes pregnant through a promiscuous relationship, we ask her: "What is [the status of] this fetus" or "...this child"? If she replies: "It is the child of a man of acceptable lineage; I entered into relations with an Israelite," her word is accepted and the son is acceptable.31[This applies] even if most of the inhabitants of the city in which she engaged in relations are of unacceptable lineage.32
Halacha 12
If the child's mother was not questioned until she died, or she was a deaf-mute, mute, or intellectually or emotionally unstable, we consider the child as a mamzer whose status is questionable.33 [This ruling applies even] if she said: "I engaged in relations with so-and-so, the mamzer" or "...with so-and-so, the netin."34 Even if that person agrees with her statement, [the child's status is only doubtful. The rationale is:] Just as she engaged in relations with the person who admitted to her statement; so, too, she engaged in relations with others.35
This [child] is called a shituki.36 He knows the identity of his mother, but does not definitely know the identity of his father.
Halacha 13
Halacha 14
[The following rules apply when] an unmarried woman engages in promiscuous relations says: "This child is the son of so-and-so." If that person is of acceptable lineage, the son is considered acceptable. Nevertheless, her word is not accepted for the child to be considered as the man's son.39 It appears to me, however, that we give consideration to her words and because of the doubt, that child is forbidden to marry the relatives of the [named] person.
If the [named] person is a mamzer, we do not accept her word to definitely deem the offspring as a mamzer on this basis, as we explained.40 Instead, we consider the child as a mamzer whose status is questionable.
Halacha 15
[Different laws apply with regard to] a father who [makes statements with regard to] a child who is presumed to be his son. If he says: "This son of mine is a mamzer,"41 his word is accepted.42 If the son himself has children, his word is not accepted.43 For the Torah accepted his word with regard to his son alone. [This is derived from Deuteronomy 21:17:] "He will recognize the firstborn, the son of the hated." [Implied is that] he makes his identity known to others.44
Halacha 16
Just as a father's word is accepted when he says: "This son of mine is my firstborn," so, too, his word is accepted if he says: "This son of mine is amamzer," or "...the son of a divorced woman" or "...the son of a woman who performed chalitzah."45 Similarly, if his wife was pregnant, his word is accepted if he says: "This fetus is not my child. It is a mamzer." The child is definitely deemed as a mamzer.
If a person says that he himself is a mamzer, his word is accepted with regard to the prohibition against him marrying a native-born Jewess.46 He is, however, forbidden to marry a female mamzer47 until it is definitely known that he is a mamzer. The same laws apply to his son. If he has grandchildren, his word is not accepted with regard to the disqualification of his grandchildren. He can disqualify only himself.
Halacha 17
[The following laws apply when] a woman who was consecrated48 becomes pregnant in her father's home. The offspring is assumed to be a mamzer.49 He is forbidden to marry both a native-born Jewess and a female mamzer.50
If his mother was questioned and said: "I became pregnant from the man who consecrated me," her word is accepted and the child is considered acceptable.51If, however, that man contravenes her and says: "I never engaged in relations with her," the child is considered a mamzer. For even if the child was assumed to be his son, his word is accepted if he says: "My son is a mamzer."52
[Even in the latter situation,] the woman is not assumed to be a zonah.53Instead, her word is accepted if she says: "I engaged in relations with the man who consecrated me." [Since] she is not a zonah, if she married a priest,54she need not be divorced55 and offspring which she bears him are acceptable [as priests].56
Halacha 18
If people at large gossip about her while she is consecrated, [saying that] she was promiscuous with the man to whom she was consecrated and with others, the child is a mamzer whose status is questionable.57 [This applies] even if the man to whom she was consecrated was intimate with her in her father's home. For just as she acted loosely with the man to whom she was consecrated, she could have acted loosely with others. If she was questioned and said: "This fetus was conceived by the man to whom I am consecrated," the child is acceptable as explained [above].
Halacha 19
When a married woman58 is pregnant and says: "This fetus is not my husband's," her word is not accepted to render the child illegitimate. [Instead,] we assume that the child is acceptable. For the Torah accepted only the word of the father. If the father says that it is not his son or he is overseas,59 we assume that the son is a mamzer.60
Halacha 20
Although there is a rumor circulating to the fact that a woman has committed adultery and everyone is gossiping about her, we do not suspect that her children are mamzerim. [The rationale is that] the person who most frequently has relations with her is her husband. It is permitted to marry her daughter, even as an initial and preferred option.64 With regard to her own status, we suspect that she is a zonah.65 If her conduct was very lewd, we also suspect the lineage of her children.66
Halacha 21
According to Scriptural Law, a person suspected of being a mamzer is permitted to marry among the Jewish people.67 [Deuteronomy 23:3] states: "Amamzer shall not enter God's congregation." [Implied is that] one who is definitively a mamzer may not marry among the Jewish people, not one whose status is questionable. Nevertheless, our Sages raised the level [of purity required] with regard to lineage and forbade those of questionable status from marrying among the Jewish people.
Halacha 22
[A man of the latter status] is forbidden to marry a female mamzer. Even a female mamzer whose status is questionable is forbidden to him. For perhaps one of them is not a mamzer, but the other is definitely a mamzer. A mamzerby Rabbinic decree may marry a female mamzer by Rabbinic decree.71Similarly, in any other instances [where a person is forbidden to marry] because of a doubt, one person of this status may not marry another.72
Halacha 23
What is implied? Shitukim, asufim, and those whose status as mamzerim is indefinite are forbidden to marry each other. If they married, the union may not be maintained. Instead, they must divorce with a formal bill of divorce.73 The offspring of such relationships are [mamzerim of] indefinite status like their parents.
Individuals of indefinite status like this have no option except to marry converts.74 The status of their offspring follows their blemish.
Halacha 24
What is implied? When a shituki or an asufi marries a female convert or a freed maid-servant, a convert, or a freed servant marries a female shituki orasufi, the offspring are shitukim or asufim.
Halacha 25
When an asufi is found in a city inhabited by gentiles, whether the majority are gentiles or the majority are Jews, the child is considered as gentile of indefinite status with regard to his lineage.75 If he consecrates a woman, she needs a bill of divorce because of the doubt.76 If someone kills him, he is not executed for doing so.77
Halacha 26
If the court had him immersed for the sake of conversion78 or he immersed on his own initiative after he attained majority, his status is the same as any asufithat is found in Jewish cities.79
If the majority of the inhabitants of the city are gentile, it is permitted to feed him meat from animals that were not ritually slaughtered.80 If the majority were Jewish, we return his lost articles as is the law with regard to Jews. If the populations are equally balanced,81 it is a mitzvah to maintain his life82 and we remove an avalanche from him on the Sabbath.83 With regard to damages, we follow the same principle that applies in all cases of doubt in financial law: When a person who seeks to expropriate [money] from a colleague, the burden of proof is upon him.84
Halacha 27
It appears to me that whenever there is a gentile woman or a maid-servant who is fit to give birth in a city, since an asufi that is discovered there is considered to possibly have the status of a gentile or a servant, if he marries a female convert as we stated,85 there is a doubt whether his wife is a married woman.86 One who enters into relations with her is not liable, because we do not execute individuals when there is a doubt involved.87
Similarly, it appears to me that when a shituki marries a woman who could be forbidden to him as an ervah,88 there is a doubt whether she is a married woman, for consecration is not effective with regard to the ariot.
Halacha 28
Halacha 29
What is the source on which I rely to say that a shituki or an asufi are not forbidden to marry any woman who could be forbidden to him as an ervah?91For an acceptable child whose mother was questioned92is not forbidden to marry any woman who could be forbidden to him as an ervah. And it is written in the Torah [Leviticus 19:29]: "Do not desecrate your daughter to have her act promiscuously." [Commenting on this verse,] our Sages state:93 If this would happen, a father will marry his daughter and a brother will marry his sister.
If the law was that anyone who does not definitely know the identity of his father would be forbidden to marry any woman who could be forbidden to him as an ervah, this situation could not arise and the earth would never become filled with incestuous relations.94 From this,95 we learn that we do not forbidariot and consider them as relatives because of the doubt unless we definitely know that she is forbidden to him as an ervah. For were we to say this, all of the orphans in the world who did not know their fathers would be forbidden to marry in all situations lest they encounter a forbidden relationship.
Halacha 30
When a child was abandoned on the road and afterwards,96 one came and said: "He is my son and I abandoned him," his word is accepted. Similarly, the mother's word is accepted. If the child was taken in from the marketplace and afterwards, his father and mother came and said: "This is our son," their word is not accepted. [The rationale is that] he has already been categorized as anasufi.
In the years of famine, their word is accepted. It is because of the famine that they abandoned him, for they desire that others sustain them. Therefore they remained silent until the child was gathered in.
Halacha 31
If the child was found circumcised, bundled, salted,97 blue eye-paint98 was applied to his eyes, an amulet was placed around his neck,99 it was placed under a interwoven tree that a wild beast could not enter and was close to the city, or it was found in a synagogue near the public domain or at the side of the public domain, the laws pertaining to an asufi do not apply. Since [the parents] are protecting the child so that it does not die, we can assume that it is acceptable.100
If, however, it is abandoned in the midst of the road or far away from a city, even under a tree, or in a synagogue, or it is found hanging in a place accessible by a wild beast,101 it is considered as an asufi.
Halacha 32
A mid-wife's word is accepted if she states: "This child is a priest," "...a Levite," "...a netin,"102 or "...a mamzer," because the child's lineage has not been established and is not known.
When does the above apply? When her faithfulness has been established and an objection is not raised against her. If, however, an objection was raised against her and one person said: "She is testifying falsely," her word is not accepted.103 The child is considered as acceptable,104 but is not considered as [a priest or Levite].105
Halacha 33
It is a clear matter that a shituki is forbidden to marry a shituki and an asufi is forbidden to marry an asufi, because their status is doubtful.106 Nevertheless, even mamzerim of a definite status and netinim may intermarry. The offspring is a mamzer.107 A shituki or an asufi are permitted to marry netinim and other converts. The offspring is considered as [a mamzer] of doubtful status.
FOOTNOTES
1.
These refer to a variety of incestuous and adulterous relationships as listed in the beginning of this text.
2.
I.e., he has a spiritual taint to his character.
3.
The difference between whether relations were willful, forced, or inadvertent is relevant only with regard to the punishment received by the man and woman. The child born of the offspring is considered as a mamzerregardless. This law teaches us an important lesson with regard to sexual morality. The effects of our deeds on our offspring is binding, regardless of whether we repent and/or seek to refine ourselves afterwards.
4.
As is the punishment for the violation of any Scriptural commandment.
5.
For the consecration alone does not involve the violation of a Scriptural commandment.
6.
Here the Rambam mentions both the man and the woman, for both are forbidden to engage in relations. In the former clause, he refers to the man, because the consecration is his responsibility.
7.
The Rambam's wording implies that the couple do receive lashes for their relations, for they have violated the prohibition: "There shall not be a promiscuous woman" (Deuteronomy 23:18) which forbids relations that are not carried out for the sake of marriage (Maggid Mishneh, based on Hilchot Ishut 1:4).
The Rambam's opinion is that the prohibition against relations with a mamzerapplies only within the context of marriage depends on the prooftext cited above: "A mamzer shall not enter the congregation of God," i.e., shall not marry among the Jewish people. According to the Rambam, the implication is that the prohibition must involve marriage (Rav Avraham, the son of the Rambam, as quoted in the Kessef Mishneh).
The Ra'avad, the Ramban, Rav Moshe HaCohen, and others do not agree with the Rambam's ruling and maintain that this prohibition applies even if there was no consecration. Relations alone are sufficient to establish liability. See the discussion of the issue in the Maggid Mishneh and Kessef Mishneh.
8.
Chapter 17, Halachah 3.
9.
I.e., and her second husband died or divorced her. The Rambam describes the prohibition against a man remarrying his divorcee after she was consecrated by another man in Hilchot Gerushin 11:12. TheMaggid Mishneh states that the Rambam feels it necessary to emphasize that the offspring of such relations are not mamzerimeven though the prohibition is not punishable by kereit, because Deuteronomy 24:4, the source for the prohibition describes such relations as "an abomination." That term is often used with regard to the ariot, the more severe sexual prohibitions.
10.
Thus although the woman committed adultery and is forbidden to her husband, the child is not considered as a mamzer. The rationale is that we pay no attention to the seed of the gentile or the servant, as stated in Halachah 4. Halachicly, it is as if the woman conceived the child independently.
11.
This law is based on the same rationale. Since we pay no attention to the seed of the servant or the gentile, the child takes on the same quality as the mother. Just as she is disqualified, so, too, is he.
12.
For there is no difference between him and other gentiles. See the following halachah.
13.
Whether Jewish, gentile, or a servant.
The Maggid Mishneh and Shulchan Aruch(Even HaEzer 7:17) quote views which state that if the offspring is female, she may not marry into the priesthood.
14.
The mamzer will purchase the servant and treat her as his wife. The children she bears him will be his property and they will not bemamzerim. If he desires, he may free them, at which point, their status is the same as other converts. If, by contrast, a mamzerwould marry a convert, although there is no prohibition involved, the offspring would bemamzerim (Halachah 7).
15.
As she is forbidden to an ordinary Jewish male by Rabbinic decree (Chapter 12, Halachah 11).
16.
There are Rabbis today who advise that this practice should be followed by mamzerim. They should meet gentile woman, have them convert as servants, and live with them.
17.
E.g., a slave was owned by two partners, one of whom freed him and one did not. SeeHilchot Avadim 5:4.
18.
The dimension of the father which was free causes him to have a dimension ofmamzerut. For a free man who engages in relations with a married woman conceives amamzer.
19.
For when a servant engages in relations with a married woman, the offspring are acceptable.
20.
This is forbidden to him as to other acceptable Jews, because of the dimension of his being that shares that status.
Rashi differs with this approach and maintains that he should be permitted to engage in relations with a maid-servant. SeeChelkat Mechokek 4:19, Beit Shmuel 4:28.
21.
He may marry a convert or a freed servant, but their offspring share his status as stated in the Halachah 7.
22.
The Beit Shmuel 4:35 emphasizes that although such marriages are permitted, there is a certain unadvisable dimension to it, for it is undesirable to increase the number of mamzerim among the Jewish people.
23.
I.e., although he and his parents are considered as full Jews with regard to all matters, the prohibition against marrying amamzer does not apply to him.
24.
The Shulchan Aruch (Even HaEzer 4:22) quotes the Rambam's view, but also that of Rabbenu Asher which states that after ten generations a convert is forbidden to marry a female mamzer.
25.
See Chapter 13, Halachah 11.
26.
Although there are some Rishonim who differ with the Rambam, the Shulchan Aruch(loc. cit.) quotes the Rambam's view.
27.
In Halachah 1 of this chapter.
28.
See Hilchot Ishut 4:21-22 for examples of such questionable consecrations.
29.
See Hilchot Gerushin 5:13 for examples of such questionable divorces.
30.
See Hilchot Gerushin 10:7 which explains this situation. Although the marriage of the second husband is not valid, for a married woman cannot be married to another man, our Sages decreed that the second marriage be considered binding with regard to this point: That a child fathered by her first husband be considered a mamzer.
31.
The Maggid Mishneh quotes an opinion that maintains that this ruling applies only after the fact. As an initial and preferred option, a native-born Jewess should not marry such a person. The Shulchan Aruch (Even HaEzer 4:26) quotes the Rambam's ruling. See also Chapter 18, Halachot 13-15.
Despite the fact that we have no existing presumption regarding the child's lineage, we rule that he or she is acceptable. The rationale is that the child has no alternative; its status depends on this ruling (Maggid Mishneh).
32.
E.g., they are mamzerim.
33.
For we have no way of determining the status of the father and it is possible that the father was a mamzer.
34.
I.e., her word is not effective in conclusively determining the child's status as a mamzerfor the reason the Rambam proceeds to state. Her word is accepted in having the child deemed as legitimate, but not in having him deemed as a mamzer. See also Halachah 14 and Chapter 18, Halachah 14.
35.
We assume that she was promiscuous with more than one person and thus we have no way of determining the identity of the child's father. Thus the presumed father has no way of knowing whether or not the child was actually his (Maggid Mishneh).
The Rambam maintains that this rule applies even when the woman does not have a reputation for promiscuity. See Chelkat Mechokek 4:25 and Beit Shmuel 4:40 which discuss this issue.
36.
Shituki means "one who is silenced." Rashi,Yevamot 37a, explains that this name is given because the child will call out for his father and his mother will silence him.
37.
The term asufi means "one who was gathered in," i.e., the child was taken in from the street.
38.
Halachah 31 qualifies this ruling, stating that it applies only when it appears that the parents abandoned the child to die. If it is evident that the parents desired the child to live, e.g., they circumcised it, they gave it medical treatment, and/or placed it in a location where it was likely to be found, we assume that it was of acceptable lineage and was abandoned only because its parents were unable to provide for it.
39.
I.e., he does not inherit the named person's property, nor is his wife freed from the obligation of chalitzah if he dies childless (Maggid Mishneh). See Hilchot Yibbum ViChalitzah 3:4 where the latter law is discussed.
40.
See Halachah 12.
41.
I.e., he is not my son, but born from an adulterous relationship.
42.
Note Hilchot Nachalot 4:3 which states that once a father acknowledges a child as his son, he cannot declare him as illegitimate afterwards.
43.
For by invalidating the legitimacy of the son, he would automatically be invalidating the lineage of his offspring and the Torah did not give him that power as the Rambam continues to explain. See also Hilchot Nachalot 4:2.
44.
The verse speaks of a father recognizing his heirs in connection with the division of his estate. If the father states that he did not father a son that was presumed to be his, that son is thus identified as a mamzer, for he will have been conceived through adultery.
45.
The latter two concepts are relevant with regard to the sons of priests as will be explained in Chapter 19.
46.
His statement is not accepted as testimony, for a person may not testify against himself. Nevertheless, the restrictions he placed against himself are binding. It is as if he took a vow, forbidding himself to marry a native-born Jewess (Beit Shmuel 4:53)
47.
For we fear that he made these statements in order to be granted this leniency.
48.
According to Jewish Law, marriage is a two-staged process involving: a) consecration,kiddushin or erusin, and b) marriage,nissuin, when the couple begin living together as man and wife. From the time of consecration onward, however, the woman is forbidden to engage in relations with other men.
49.
These laws differ from those applying to a married woman, as stated in Halachot 19-20. The rationale is that we do not assume that a couple that is merely consecrated share intimacy with the same degree of consistency as a married couple. Nor is a consecrated woman likely to the same degree of fidelity as a married woman.
50.
He is forbidden to marry a native-born Jewess for it is possible that he is amamzer. He is forbidden to marry a femalemamzer, because it is possible that he is an acceptable Jewish male.
51.
As in Halachah 11. In this instance, since a bond has already been established between the couple, it is even more reasonable to accept her statements. This is speaking about a situation where the husband is not present to be questioned (Shulchan Aruch(Even HaEzer 4:27). The Rama states that the child is also considered as the presumed father's son with regard to receiving a share in the inheritance.
52.
As stated in Halachah 15. In contrast to a situation where the presumed father could not be asked, this child is definitely amamzer and is forbidden to marry a native-born Jew or Jewess (ibid.).
53.
The term literally means "promiscuous woman," but has a specific halachic meaning, as the Rambam states in Chapter 18, Halachah 1: "A woman who entered into relations with a man who she is forbidden to marry." After consecration, every man would be prohibited to this woman.
The Torah gave the husband the right to determine his son's status. He does not, however, have the right to determine that of the woman (Ketubot 13a).
54.
After her first husband died.
55.
Nevertheless, since the man who consecrated her contradicts her statements, the initial and preferred option is for her not to marry a priest (Beit Shmuel 4:47). Similarly, if the person who consecrated her is a priest, he is forbidden to marry her.
56.
If the woman had been forbidden to the priesthood, her offspring would not be considered priests, as stated in Chapter 19.
57.
This is speaking about an instance when we cannot clarify the child's status by asking the mother.
58.
We have translated the term according to the prevalent understanding of the Rambam's ruling. Note, however, the Rama (Even HaEzer 4:29) who questions whether these laws also apply with regard to a woman who was only consecrated.
59.
And thus could not have fathered the child.
60.
The Beit Shmuel 4:52 interprets the Rambam's words as meaning "the child is amamzer of questionable status," for the possibility exists that he was conceived by a gentile.
61.
As indicated by Halachah 11, the woman's word is accepted with regard to defining the legitimacy of her child's lineage.
62.
He does not know with how many people and with whom she was promiscuous.
63.
Although a full-term pregnancy is nine months, our Sages spoke of the possibility of a woman carrying a baby for twelve months. Although this is abnormal, when a man left his home between nine and twelve months before a child was born, they desired to consider that possibility rather than deem the child as a mamzer. SeeYevamot 80b.
Rama (Even HaEzer 4:14) states that the above leniency is granted only when we do not see moral lapses in the woman's conduct. If, however, she conducts herself in an unbecoming manner, we suspect the child's lineage.
64.
Rashi (Yevamot 27b) states that one should marry the offspring only when there is no other alternative.
65.
And hence may not marry a priest. Even an Israelite should refrain from marrying such a woman (Maggid Mishneh). After the fact, if she marries a priest, we do not require a divorce (Beit Shmuel 4:24).
66.
Sotah 27b raises this question, but leaves the matter unresolved. Accordingly, it is appropriate to be stringent (Maggid Mishneh).
67.
According to the Rambam, the general principle is that according to Scriptural Law, whenever there is a doubt whether an act is forbidden, there is no prohibition. Our Rabbis, however, decreed that when there is a doubt with regard to a Scriptural prohibition, we are stringent. Others differ and maintain that according to Scriptural Law, if there is a doubt concerning a prohibition, it must be observed. There is a special leniency, stemming from a verse from the Torah, when a doubt arises whether a person is a mamzer or not. See Chapter 18, Halachah 17.
68.
See Halachah 10.
69.
See Halachah 12.
70.
See Halachah 13.
71.
For there is no Scriptural prohibition involved.
72.
As the Rambam continues to explain in the following halachah.
73.
For the marriage, though forbidden, is binding according to Jewish Law.
74.
As stated in Halachah 7.
75.
We treat him as neither a Jew nor a gentile as the Rambam continues to illustrate. TheMaggid Mishneh explains that the ruling follows the principle: Whenever a doubt arises and the permitted and the forbidden entities are fixed, we do not follow the majority, but instead, considered the situation as equally balanced.
76.
I.e., the couple are not allowed to remain married for perhaps he is a gentile, but a formal divorce is necessary, for perhaps he is a Jew and the consecration is binding.
77.
For perhaps he is a gentile.
78.
As is the law which applies with regard to any child convert (Chapter 13, Halachah 7).
79.
He is bound by the restrictions applying to amamzer whose status is doubtful despite the possibility that they might not apply because he is a convert.
The Ra'avad rules that in such a situation, he is considered as any other convert and allowed to marry a native-born Jewesses The Maggid Mishneh explains the rationale for the Ra'avad's position, stating that there is a multiple doubt involved: Maybe he is not of Jewish origin, and if he is of Jewish origin, maybe he is not a mamzer. Moreover, the entire prohibition against an asufi is Rabbinic in origin. (For according to Scriptural Law, only a mamzer whose status is definite is forbidden). The Shulchan Aruch (Even HaEzer 4:33) quotes the Rambam's view. The Chelkat Mechokek 4:31 questions why the Ra'avad's view is not cited, but the Beit Shmuel 4:54 explains that according to the Rambam, with regard to questions of lineage, we are stringent even in such situations.
80.
This and the following laws apply when the person did not convert (Maggid Mishneh). For the principle that we consider the populations as equally balanced applies only with regard to questions of lineage.
81.
The Kessef Mishneh notes that Ketubot 16b, the source for the Rambam's ruling, could be interpreted as making such a statement only in a situation where the majority of the inhabitants are Jewish. He, however, offers an interpretation of the passage which conforms to the Rambam's ruling.
82.
I.e., we must support him in situations of need.
83.
To save his life even though doing so involves violation of the Sabbath laws.
The Maggid Mishneh cites opinions which maintain that this ruling applies even if the majority of the inhabitants are gentiles. For when a question of life and death is involved, we do not require a majority. See Hilchot Shabbat 2:20-21 and notes for an explanation of the matter.
84.
There are certain situations where the laws applying to gentiles are more severe than those applying to a Jew. For example, if an ox belonging to a gentile that is not known to gore does in fact gore an ox belonging to a Jew, the gentile is required to pay full damages. A Jew, by contrast, would be required to pay only partial damages. If such a situation would arise with regard to a person's whose identity in doubt, he could tell the plaintiff: "If you prove I am not a Jew, I will pay full damages."
85.
Halachah 23. I.e., if he marries without undergoing conversion (Chelkat Mechokek4:36).
86.
For perhaps he is a gentile or a servant. Just as he could have been born by a Jewish mother, he could have been born by one of these. We do not consider the degree of probability involved.
87.
Needless to say, such relations are forbidden. The Rambam is emphasizing that punishment is not meted out. Because punishment is not given unless we are certain there is a prohibition involved.
The Ra'avad differs with the Rambam's view and maintains that even with regard to capital punishment, we follow the probability. Hence if the majority of the inhabitants of the city are Jewish, we assume that the asufi is Jewish and his consecration of the woman is binding. The Maggid Mishneh justifies the Rambam's ruling, explaining that in all instances, the asufi is not considered as definitely Jewish.
88.
A woman who could be a close relative with whom relations are forbidden. See the following halachah.
89.
For perhaps the woman he marries is his sister (since he does not know the identity of his father, it is possible that her father was also his father) or the sister of his father.
90.
I.e., before she was divorced or widowed her husband (or her husband's brother) fathered the shituki.
91.
The license the Rambam speaks about applies according to Scriptural Law. According to Rabbinic Law, a shituki is forbidden to marry a native-born Jew or Jewess (Halachot 21-23).
92.
See Halachah 11.
93.
Yevamot 37b. The verse refers to a situation where a father allows his daughter to act promiscuously and thus it will not be known who is the father of her child. If this would happen in numerous instances, there would be many children who did not know the identity of their fathers and it would be possible for a brother to marry his sister.
94.
For if a man who did not know the identity of his father were restricted in the above manner, there would be no room for our Sages' concern, for he would be prohibited against marrying any woman whose ties could in any way be incestuous.
95.
I.e., from the fact that our Sages did not enforce such a restriction.
96.
Before the child was brought home.
97.
It was customary in the Talmudic era to apply salt to newborn babies to strengthen their limbs.
98.
This substance was used in the Talmudic era for both medicinal and cosmetic purposes.
99.
I.e., the mystical writing in the amulet was intended to protect the child.
100.
We assume that a mother may want to abandon a child who is a mamzer so that it will die and there will be no sign of her sin. If, however, she and/or the father performed acts which indicate that they desired the child to live - even though they did not desire to care for it themselves - we assume that the child was of legitimate origin.
101.
I.e., in a place where it would most likely die or be killed.
102.
See Chapter 12, Halachot 22-23.
103.
The Beit Shmuel 4:60 explains that generally, the protest of one witness is not accepted against testimony which was previously accepted. In this instance, however, the child's identity is not known at all and there is no existing presumption regarding his status. Hence the protest cancels out the original testimony.
104.
Even though the midwidfe said that he was a mamzer.
105.
If the midwife said he was of this lineage.
106.
I.e., it is possible that one of them will be acceptable and one illegitimate.
107.
For the child takes on the blemished identity, as stated in Halachah 7.
Issurei Biah - Chapter Sixteen
Halacha 1
A man with maimed testicles or a severed member who married a native-born Jewess and engaged in sexual relations1 is punished by lashes, as [Deuteronomy 23:2] states: "A person with maimed testicles or a severed member may not enter the congregation of God."
Such a man may marry a female convert or a freed maid-servant. Even a priest with maimed testicles may marry a female convert or a freed maid-servant, because the holiness [of the priesthood] does not rest upon him. He is permitted to marry even a female netin2 or a woman whose status is in doubt.
Halacha 2
Since a man with a maimed organ is forbidden to marry among the Jewish people, [our Sages] did not decree against his marrying a female netin or a woman whose status is in doubt.3 A man with maimed testicles or a severed member is, however, forbidden to [marry] a female mamzer4 whose status is definite, because this prohibition is of Scriptural origin.
Halacha 3
What is meant by maimed testicles? Anyone whose testicles have been wounded. What is meant by a severed member? Anyone whose shaft has been cut off.
There are three organs to which wounds can disqualify a male: the shaft, the testicles, and the tract in which the semen develops. If one of these three was wounded or crushed, the man is disqualifed.5
Halacha 4
What is implied? If the shaft is wounded, crushed, or cut off from the corona or above the corona,6 he is disqualified. If a portion at the top of the corona is cut off, but even a hairsbreadth [of the corona] remains which surrounds the entire shaft, he is acceptable. If the shaft was cut like a pen is sharpened or like a funnel above the corona,7 he is acceptable.8
Halacha 5
If the shaft is perforated below the corona, he is acceptable. [The following rules apply if] the corona itself is perforated. If when the person ejaculates, semen emerges from the hole, he is unacceptable. If the hole becomes closed, he returns to acceptable status. If the shaft is perforated below the corona when the portion above is in the midst of corona, he is disqualified. For the entire corona must be intact [for the person to be acceptable].
Halacha 6
If the seminal tract becomes obstructed and the semen emerges from the urinary tract, he is unacceptable.
Halacha 7
If both or one of the testicles9 were severed, wounded, or crushed or one was lacking or pierced by a hole, he is unacceptable. If both or one of the seminal tracts are severed, crushed, or wounded, he is unacceptable.
Halacha 8
If one of the seminal tracts was perforated into the urinary tract and the person urinates from two sources - the seminal tract and the urinary tract - he is acceptable.10
Halacha 9
Whenever we have used the term "unacceptable" in this context, the implication is that [the malady] was not caused by the hand of heaven, e.g., [his testicles] were severed by a man or a dog, he was struck by a sharp end, or the like. If, however, he was born with maimed testicles or a severed member, or without testicles, he became ill because of a bodily ailment and these organs ceased to function, or an ulcer arose in them that caused them to waste away or be severed,11 he is permitted to marry among the Jewish people. For all of these blemishes are caused by the hand of heaven.
Halacha 10
It is forbidden to destroy a male's reproductive organs. This applies to humans and also to animals, beasts, and fowl, both from a kosher species and from a non-kosher species, in Eretz Yisrael and in the Diaspora. Although [Leviticus 22:24] states: "And you shall not do this in your land,"12 According to the Oral Tradition,13 we learned that this [prohibition] is applicable in every place. The verse teaches that one should not act in this manner among the Jewish people, not with their own bodies, nor with the bodies of others.
Whoever castrates [a person or an animal] should be lashed14 according to Scriptural Law everywhere. Even a person who castrates a person who has been castrated should be lashed.
Halacha 11
What is implied? One came and severed a person's member, another cut off or pulled away his testicles and a third cut his seminal tract; all receive lashes. Similarly, if one crushed a person's member, another pulled it away, and a third cut it off, all receive lashes. [This applies] although the last person castrated a person - or an animal, beast, or fowl - who had already been castrated.
A person who castrates a female - whether a human or other species - is not liable.15
Halacha 12
It is forbidden to have a man or a male of another species drink a potion that causes him to lose his sexual potency. Lashes are not given, however. A woman is permitted to drink a potion to cause her to lose her sexual potency so that she will not conceive.16
If a person bound a man and set a dog or other animal upon him until his sexual organs were maimed or he made him sit in water or snow until his sexual organs lost their potency, he is not given lashes unless he castrates him by hand. It is, however, fitting to subject him to stripes for rebellious conduct.17
Halacha 13
It is forbidden to tell a gentile to castrate one of our animals. If the gentile took the animal and castrated it on his own initiative, it is permitted.18If a Jew acts deceitfully in this context,19 he should be punished and required to sell the animal to another Jew. He may [sell it] to his son who is past majority, but not to his son who is below majority, nor may he give it to him.20
FOOTNOTES
1.
As explained in Chapter 15, Halachah 2, all of the prohibitions against sexual relations that involve the violation of a negative commandment alone involve a situation where the woman has been consecrated. As mentioned in the notes to that halachah, there are other authorities who differ with the Rambam on this matter.
2.
See Chapter 12, Halachot 22-23.
3.
To anyone other than a halachic authority, the Rambam's ruling appears problematic: A woman whose status is in doubt is either a female mamzer or an acceptable native-born Jewess. In either case, this man would be forbidden to marry her. Why then is he permitted when her status is not clarified?
Halachically, however, Kiddushin 73a interprets the phrase "He shall not enter God's congregation," as forbidding one from marrying only a person whose lineage is definite. The Rambam maintains that even the Sages did not enforce a decree in this instance. (See Beit Shmuel 5:2.)
4.
The Rambam's position is that although having a maimed organ disqualifies a priest from the holiness of the priesthood, it does not disqualify an Israelite from the holiness with which he is endowed. The Ra'avad differs with this ruling and states that a man with a maimed organ may marry a femalemamzer. The Maggid Mishneh mentions other authorities who follow both of these views. The Shulchan Aruch (Even HaEzer5:1) follows the position of the Rambam, while the Rama mentions the other view.
5.
In his Commentary to the Mishnah (Yevamot8:2), the Rambam states that any difficulty which renders a man sterile according to medical knowledge disqualifies him from marriage.
6.
I.e., any portion of the shaft between the corona and the body that is cut off disqualifies the person.
7.
I.e., any portion of the shaft between the corona and the body that is cut off disqualifies the person.
8.
Rashi (Yevamot 75b) differs and disqualifies such a person. The Shulchan Aruch (Even HaEzer 5:3) quotes both views without stating which should be followed.
9.
The Rama (Even HaEzer 5:7) states that there are authorities who do not disqualify a person if one testicle is intact. He states, however, that since a Scriptural prohibition is involved, it is preferable to follow the more stringent view.
10.
For this difficulty will not prevent him from conceiving a child.
11.
Rabbenu Asher differs with regard to the latter two instances and does not consider illness and the like as "by the hand of heaven." Shulchan Aruch (Even HaEzer5:10) quotes both views without stating which one should be followed. [See also Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Yevamot 8:2) which discuss whether or not this ruling involved a change of mind for the Rambam.]
12.
Which could be understood as implying that the prohibition applies only in Eretz Yisrael.
13.
Sifra to the above verse.
14.
The punishment given for the violation of a Scriptural commandment.
15.
The Maggid Mishneh and the Shulchan Aruch (Even HaEzer 5:11 interpret the Rambam's statements as meaning that although there is a prohibition against doing so, lashes are not given.
16.
This ruling serves as the basis for contemporary Rabbis to permit women to take oral contraceptives.
17.
The punishment given for violating a Rabbinic commandment.
18.
As long as the gentile acted on his own initiative, the Jew is not obligated to suffer a loss.
19.
I.e., encouraging a gentile to castrate the animal without actually telling him to do so.
20.
For a son below majority is not considered as having an independent financial domain. See the Rama (Even HaEzer 5:14) who mentions more particulars concerning this issue.
Issurei Biah - Chapter Seventeen
Halacha 1
There are three women who are forbidden to all priests [by Scriptural Law]: a divorcee, a zonah,1 and a challalah.2 There are four [forbidden to] a High Priest. These three and a widow.
Bound by [the prohibitions applying to a High Priest] are one anointed with the oil of anointment3 or one who assumed his position by wearing the additional garments,4 one serving in that capacity, a High Priest who was appointed and then removed from the office, and a priest anointed to lead a war.5 All of these are commanded [to marry] a virgin and are forbidden to marry a widow.6
Halacha 2
Any priest who marries7 one of these three women - whether a High Priest or an ordinary priest - and engages in relations is punished by lashes. If he enters into promiscuous relations with her, he does not receive lashes for [violating the prohibitions against] a zonah, a divorcee, and a challalah.8 [This is derived from the fact that Leviticus 21:7 states the prohibition using the term:] "They shall not take." [Implied is that the prohibition does not apply] unless he takes - marries - [the woman] and enters into relations with her.9
Halacha 3
When, by contrast, a High Priest enters into relations with a widow, he receives lashes even though he did not consecrate her. [This is derived fromibid.:15 which states]: "And he shall not desecrate...." As soon as he engages in relations with her, he desecrates her and disqualifies her from the priesthood.10A zonah, challalah, and divorcee, by contrast, are disqualified from the priesthood before one enters into relations with them.11 Therefore a High Priest alone receives lashes for merely entering into relations with a widow even though she was not consecrated. For he desecrates her and he is warned against desecrating people of acceptable lineage, [other] women and his offspring.
Halacha 4
When a High Priest consecrates a widow and enters into relations with her, he receives two sets of lashes: one because of the prohibition: "He shall not take a widow," and one because of the prohibition: "He shall not desecrate." Whether a High Priest or an ordinary priest marries one of these four, but does not engage in relations, he does not receive lashes.
Halacha 5
Whenever [the priest] receives lashes, the woman [with whom he engages in relations] is given lashes.12 Whenever he does not receive lashes, she does not receive lashes. For there is no difference between a man and a woman with regard to punishments with the exception of a designated maidservant as explained.13
Halacha 6
Any priest - whether a High Priest or an ordinary priest - who enters into relations with a gentile woman receives lashes for relations with a zonah.14[There is a difference between her and a Jewish woman,]15 because she cannot be consecrated. He is forbidden to enter into relations with any zonah, whether a Jewess or a gentile.
Halacha 7
A woman who has undergone the rite of chalitzah (a chalutzah)16 is forbidden to a priest according to the Rabbinic tradition, for she resembles a divorcee.17[If he engages in relations with such a woman,] he is given "stripes for rebellious conduct."18
When a priest marries a woman whose status as a chalutzah is doubtful,19 he is not compelled to divorce her.20 She is acceptable21 and her child is acceptable.22 For our Sages did not decree against a woman whose status as a chalutzah is doubtful, only against one who is definitely in that category. When it is questionable if a woman is a divorcee,23 a widow,24 a zonah,25 or achallalah,26 [a priest who marries her] is given "stripes for rebellious conduct" and required to divorce her with a get.27
Halacha 8
There is a major general principle that applies with regard to all of the Torah's prohibitions. One prohibition does not take effect when another prohibition is in effect unless:
a) both of the prohibitions take effect at the same time;28
b) the latter prohibition forbids additional entities besides [the entity that was originally] prohibited;29
c) when the scope of the [latter] prohibition encompasses other entities together with [the entity that was originally] prohibited.30
Halacha 9
Accordingly,31 When a woman was a widow and then she became a divorcee,32 and then she became a challalah,33 and then she became azonah,34 should a High Priest engage in relations with her afterwards, he receives four sets of lashes for engaging in relations once. For a widow is forbidden to a High Priest, but permitted to an ordinary priest.
Halacha 10
When she becomes a divorcee, she becomes forbidden by an additional prohibition [for] she is also forbidden to an ordinary priest. Therefore, [even for the High Priest,] another prohibition aside from that against relations with a widow is added to her. She is, nevertheless, still permitted to partake ofterumah.35 If she becomes a challalah, another prohibition is added to her, for she is forbidden to partake of terumah. She is, nevertheless, still permitted to marry an Israelite.
If she becomes a zonah, another prohibition is added to her, since there is a type of promiscuous relations that would cause her to be forbidden to an Israelite, e.g., a married woman engaged in adultery voluntarily.
Halacha 11
When a woman is widowed from several men or divorced from several men, [a High Priest or a priest] receive only one set of lashes for each time they engage in relations.39 A woman is forbidden as a widow whether she was widowed after [only] consecration or after marriage.
Halacha 12
When the brother of a High Priest dies, even if the deceased had [merely] consecrated his wife,40 [the High Priest] should not perform the rite of yibbum. Instead, he should perform chalitzah.41
If a woman became his yevamah while he was an ordinary priest and he was then appointed as the High Priest, he should not perform yibbum once he has been appointed.42 [This applies] even if he already gave his word43 [that he would marry] her while he was an ordinary priest.44 If, however, he consecrated a widow and was then appointed as a High Priest, he should marry her.45
If she was consecrated, but the status of the consecration was questionable and then the person who consecrated her died, she is considered a widow of questionable status.46
Halacha 13
It is a positive commandment for a High Priest to marry a virgin maiden.47When she reaches the age of maturity,48 she becomes forbidden to him,49 as [Leviticus 21:13] states: "He shall marry a virgin woman." "Woman" implies that she is not a minor. "Virgin" implies that she has not reached maturity. What is implied? She has departed from the category of a minor, but has not fully reached maturity, i.e., a maiden. He may never be married to two women at the same time.50 [This is derived from the singular form of the term] "woman," i.e., one, but not two.
Halacha 14
Halacha 15
A High Priest who married a woman who had engaged in relations previously is not punished by lashes.54 He must, however, divorce her with a get.55 If he married a woman past the age of maturity or one who lost her virginity for reasons other than relations, he may remain married to her.
If he consecrated a woman who had previously engaged in relations and then he was appointed as the High Priest, he may marry her after his appointment.56
Halacha 16
If he raped or seduced a virgin maiden, he may not marry her.57[This applies] even if he raped or seduced her while he was an ordinary priest and was appointed as the High Priest before he married her. If he married her, he must divorce her.
Halacha 17
Halacha 18
[The prohibition against marrying a divorcee applies] whether she was divorced after consecration or after marriage. If, however, a girl is released from marriage through the rite of mi'un, she is permitted to a priest, as we explained in Hilchot Gerushin.61 [This applies even if] her husband first divorced her with a get, then remarried her, and then she was released through mi'un.62
Any woman who is not fit to perform the rite of chalitzah,63 but nevertheless performs it is not disqualified from [marrying] a priest.
Halacha 19
Halacha 20
Halacha 21
If a rumor is circulated that a virgin has engaged in relation, her [status] does not become suspect and she may marry a High Priest. If a rumor is circulated that she is a maid-servant, her [status] does not become suspect and she may marry a priest.71
If a rumor72 circulates in a city that she is acting promiscuously,73 her [status] does not become suspect. Even if her husband separated from her because she violated [the practices of modesty required by] the Jewish faith74 or because [of the testimony] of witnesses [concerning] unseemly conduct,75 but he died before giving her a get, she is permitted [to marry] a priest. For a woman like the above should not be forbidden [to a priest] unless there is definite testimony [that she acted promiscuously] or she admits [doing so] herself.76
FOOTNOTES
1.
This term is defined in depth in the following chapter.
2.
This term is defined in Chapter 19.
3.
As was the practice until the later years of the First Temple.
4.
I.e., in the later years of the First Temple, the oil of anointment was entombed together with the Holy Ark. From that time onward, the High Priests assumed their position by wearing the eight garments of the High Priest. [See the Rambam's Commentary to the Mishnah (Megilah 1:9).]
5.
See Hilchot Melachim 7:1 which states:
In both a milchemet mitzvah(a war that it is a mitzvah to wage) and a milchemet hareshut (a war that we have license to wage), a priest is appointed to address the nation before the battle. He is anointed with the oil of anointment and is called, the meshuach milchamah.
Although this individual is not a High Priest with regard to the Temple service, since he was anointed, certain of the dimensions of the High Priesthood are incumbent upon him.
6.
I.e., a High Priest - and the others mentioned - are bound by a positive commandment to marry a virgin and a negative commandment to marry a widow.
7.
The Rambam's wording is somewhat inexact. For the prohibition applies even if the priest merely consecrated the woman and entered into relations with her. Marriage (nissuin) is not required (Kiddushin 78a).
8.
He does, however, receive lashes for violating the prohibition against promiscuous relations, as the Rambam states in Hilchot Ishut 1:4).
9.
According to the Rambam's understanding of Kiddushin 78a,b for the prohibition to apply both marriage and intimate relations are necessary. If the priest performs one of these acts without the other, the Scriptural prohibition does not apply. The Ra'avad takes issue with the Rambam and maintains that the prohibition applies even when consecration is not involved.
10.
According to the literal meaning of the verse, the object of the verb "desecrate" is "his offspring." If a priest enters into a relationship with one of these women, his offspring are challalim, "desecrated," and are not considered as members of the priestly family. Nevertheless, Kiddushin, loc. cit., interprets the phrase non-literally, explaining that the verb refers to the woman. By entering into relations with the priest, she becomes "desecrated" from the priesthood, i.e., forbidden to marry a priest. Moreover, the fact that the prohibition against a High Priest entering into relations with a widow mentions that term implies that causing the woman to be placed in such a status is prohibited. Since she is given that status even if the relations are held outside of marriage, marriage is not a fundamental element of the prohibition.
11.
As stated in Halachah 1.
12.
For the prohibition against these relations involve the woman as well as the man. SeeKeritot 10b, Yevamot 84b.
13.
Chapter 3, Halachah 14.
14.
See Chapter 18, Halachah 1.
15.
In which instance, the prohibition applies only if she was consecrated (Halachah 2).
16.
When a man dies childless, her widow is required to marry her deceased husband's brother in the rite called yibbum. She is forbidden to marry anyone else. If he does not desire to marry her, he must release her through the ritual called chalitzah. See Deuteronomy, ch. 25, Hilchot Yibbum ViChalitzah.
17.
Just as a divorcee is released from her connection to her husband through a get, a childless widow is released from her obligation to her brother-in-law throughchalitzah.
18.
The punishment given for the violation of a Rabbinic commandment.
19.
E.g., her brother-in-law performed thechalitzah rite, it was, however, questionable if he was obligated to do so or not, or if he was in fact her brother-in-law or not.
20.
If, however, she was definitely a chalutzah, we would compel him to divorce. For a person should be compelled to observe a Rabbinic prohibition. Similarly, before he marries her, he should be prevented for doing so. Since there is a possibility that a Rabbinic prohibition is involved, we should prevent him from risking its violation. If, however, the couple are already married, we follow the principle "When there is a question of a Rabbinic prohibition involved, we rule leniently."
21.
I.e., she is not considered as a challalah, a woman who entered into forbidden relations with a priest.
22.
I.e., he or she is not considered as achallah.
23.
A woman was divorced in a manner whether it was questionable whether the divorce was effective or not and afterwards, here husband died.
24.
As related in Halachah 12, this applies to a situation in which there is a question whether a man consecrated a woman in an effective manner or not and then dies. Hence, there is a question whether she is a widow.
25.
See Chapter 18, Halachah 12.
26.
The offspring of a priest who had relations with a woman concerning whom a doubt existed whether she was forbidden to him or not (Chapter 19, Halachah 9).
27.
He is required to divorce her, based on the principle "When a doubt concerning a Scriptural prohibition is involved, we take the more stringent view" (Maggid Mishneh). In this instance, since there is a possibility that a Scriptural prohibition is involved in the marriage to each of these women, we rule stringently and require a divorce. A get is required, for even if there is a prohibition involved - and certainly if there is no prohibition involved - the consecration is binding. For the woman to be able to remarry, she must be divorced.
28.
Hilchot Ma'achalot Assurot 5:5 gives an example of this concept. When a person rips a limb from a living animal which causes the animal to become trefe, he is considered to have transgressed two prohibitions: the prohibition against eating flesh from a living animal and the prohibition against partaking of an animal that is trefe, for both prohibitions take effect at the same time.
29.
This concept is exemplified in the following two halachot. See also Hilchot Ma'achalot Assurot 7:2.
30.
This principle is exemplified by Hilchot Ma'achalot Assurot 8:6 which relates that a person who partakes of a gid hanesheh, a sciatic nerve, of an animal which is trefe is liable for two transgressions. Since when the animal became trefe, its entire body became encompassed in the prohibition, that prohibition also encompasses the gid even though it was prohibited beforehand.
31.
I.e., on the basis of the principle that a prohibition that includes additional factors takes effect.
32.
I.e., her second husband divorced her.
33.
By having relations with a priest.
34.
By engaging in relations with a person whom she is forbidden to marry.
35.
I.e., if her father was a priest, after her marriages, she returns to his home and may partake of terumah. Alternatively, if her second husband was an ordinary priest and she gave birth to a child, she may partake ofterumah because of her child.
36.
I.e., the priest is liable for additional sets of lashes.
37.
I.e., she becomes a zonah first. If other prohibitions precede her becoming a zonah, she receives the appropriate number of lashes (Maggid Mishneh).
38.
For the other prohibitions would not add anything once she becomes forbidden in this manner.
39.
The fact the she was widowed or divorced several times does not increase the number of prohibitions involved.
40.
And thus she is still a virgin and fit to marry a High Priest.
41.
In Hilchot Yibbum ViChalitzah 6:10, the Rambam states that the woman must perform chalitzah, because were her yevamto perform yibbum, he would acquire her as his wife. Moreover, according to law, he should perform yibbum, because whenever the observance of a positive commandment conflicts with the observance of a negative commandment, the positive commandment takes precedence. Nevertheless, our Sages forbade yibbum lest he engage in relations with her a second time. In such an instance, relations with her are forbidden and there is no mitzvah. For the positive commandment of yibbum applies only the first time the couple engage in relations.
42.
For the reason mentioned in the previous note.
43.
The Hebrew term the Rambam usesmaamar has a specific halachic meaning. As explained in Hilchot Yibbum ViChalitzah 2:1, although according to Scriptural Law, theyibbum relationship is established through intimate relations, our Sages ordained that before engaging in relations, a yevamdeclare his intent to his yevamah. They equated this declaration with consecration.
44.
For a maamar does not establish a relationship.
45.
Because she is already his wife.
46.
And because of the doubt, she is forbidden to a High Priest.
47.
The term "maiden" refers to a girl between the age of twelve and twelve and a half who has manifested signs of physical maturity (Hilchot Ishut 2:1).
48.
Twelve and a half. This is the meaning of the term throughout this chapter.
49.
Since he must marry a virgin, he is forbidden to marry anyone other than a virgin. Even if he consecrated the woman beforehand, if he has not married her and she attains maturity after he is appointed as a High Priest, he may not marry her as stated in Halachah 17.
50.
As stated in Hilchot K'lei HaMikdash 5:10, a High Priest may not have two wives while he is performing the Yom Kippur services. Here the Rambam is stating that the prohibition applies not only on Yom Kippur, but throughout the year.
The Ra'avad notes that II Chronicles 24:3speaks of Yehoyeda the High Priest and the marriage of two women, seemingly contradicting the Rambam's ruling. The Ra'avad interprets the verse as stating that Yehoyeda married the women himself. (Similarly, Rav Moshe HaCohen and others question the Rambam's ruling.) Rambam LeAm, however, advances the interpretation that the verse is stating that Yehoyeda had Yoash marry the women.
51.
I.e., she lost her virginity through an accident of some sorts.
52.
And she is forbidden to a High Priest.
53.
This addition is necessary, for if she lost her virginity through relations with an animal, she is disqualified (Meiri).
54.
For he is guilty of transgressing merely a positive commandment and lashes are not given for such a transgression.
55.
Since a transgression is involved in engaging in relations with her, he is compelled to divorce her. Nevertheless, a bill of divorce is necessary for the consecration is binding.
56.
As stated in Halachah 12 with regard to a widow.
57.
For he is commanded to marry a virgin and she is not. Even though it is he himself who caused her to lose her virginity, she is not acceptable. Since she is not a virgin, a transgression is involved every time he enters into relations with her. Hence, he is obligated to divorce her.
In the instance mentioned in the previous halachah, he had already consecrated the woman, but in this instance, he did not consecrate her first (Maggid Mishneh).
58.
Because, as stated in Halachah 13, he must marry a maiden, a girl between twelve and twelve and a half.
59.
And thus she is considered as a different person and, in an abstract sense, not the same woman whom he consecrated. In this manner, the Rambam (based on Yevamot59a) makes a distinction between this instance and one in which a priest consecrated a widow and then was appointed as High Priest, as mentioned in Halachah 12.
60.
For even if at the outset, she was passed the age of maturity when he married her, he is allowed to remain married to her, as stated in Halachah 15.
61.
As explained in Hilchot Gerushin, ch. 11, according to Scriptural Law, when a girl's father dies before she reaches the age of twelve, there is no way that she can marry until she reaches that age. Nevertheless, our Sages gave her mother and/or brothers the right to marry her off if they believe that it is to her advantage. Because this marriage does not have a basis in Scriptural Law, aget is not required to absolve it. Instead, the girl may simply leave her husband's house. To formalize the absolution of the relationship all that is necessary is for her to declare that she desires to leave the marriage in the presence of two witnesses. Since the relationship was never binding according to Scriptural Law, she is not disqualified from marrying into the priesthood.
62.
As stated in Hilchot Gerushin 11:16, even if at one point she was divorced with a get, since she was released through mi'un, the fact the she was divorced previously is not of consequence. For it is obvious that the divorce is unnecessary.
63.
E.g., a man who performed chalitzah with his deceased brother's widow without realizing that she was pregnant and hence, not required to perform this rite before remarrying.
64.
In the case of an Israelite, there would be no difficulty, for it is possible that he remarried his divorcee. In the case of a priest, however, this would be forbidden, for a priest is forbidden to marry any divorcee even his own.
65.
For a rumor that follows a marriage is not sufficient grounds to require a divorce.
66.
After being widowed from her first husband.
67.
Since the rumor preceded the second marriage, the second priest should not have married her, because of the doubt regarding the validity of the marriage that the rumor caused. And since he married her in possible violation of the law, he is forced to divorce her.
68.
As stated in Hilchot Ishut 9:22, we are speaking about a rumor that has been substantiated by a court. It is not conclusive evidence that a woman has been consecrated, but it is far from mere hearsay. If a rumor has not been substantiated in a court, it is of no substance.
69.
Chapter 10, Halachah 20.
70.
Since a chalutzah is forbidden only because of a Rabbinic ordinance, when we are not certain the woman performed this rite, there is no prohibition, as stated in Halachah 7. The Ra'avad, however, rules stringently and maintains that since we are speaking about a rumor with substance, even a rumor that she is a chalutzah can cause her to be forbidden.
71.
We do not disqualify a woman when there is a question about her lineage unless there is explicit testimony that she is not acceptable (Maggid Mishneh).
72.
This refers even to a rumor substantiated in court (Beit Shmuel 6:30).
73.
And committed adultery or engaged in relations that would cause her to be forbidden to the priesthood as explained in the following chapter.
74.
E.g., going out to the marketplace with her hair uncovered, spinning flax in the marketplace in a manner that shows her arms to men, playing frivolously with youths, as stated in Hilchot Ishut 24:12.
75.
I.e., testimony regarding conduct that leads to the conclusion that she committed adultery although the adulterous relations themselves were not observed, as mentioned in ibid.:15.
76.
For in such instance, she accepts the prohibition upon herself, as stated in Chapter 18, Halachah 9.
---------------------
Hayom Yom:
• English Text | Video Class
---------------------
CHABAD - TODAY IN JUDAISM: Wednesday, February 17, 2016 - Today is: Wednesday, Adar I 8, 5776 · February 17, 2016
Hayom Yom:
• English Text | Video Class
• "Today's Day"
Thursday, Adar I 9, 5776 · 18 February 2016
Sunday 9 Adar I 5703
Torah lessons: Chumash: Tetzaveh, first parsha with Rashi.
Tehillim: 49-54.
Tanya: Ch. 29. There is yet (p. 123)...coarseness and crassness. (p. 125).
When someone walks the street and thinks words of Mishna or Tanya, or sits in his store with a Chumash or Tehillim - that is more valued today than it was when the streets were bright with the light of Torah. We must not go about in the street with a vacant heart.1 We must have some Torah memorized, to take with us into the street.
FOOTNOTES
1. Idiomatically, "on an empty stomach." Viz. Chulin 59a.
Thursday, Adar I 9, 5776 · 18 February 2016
Sunday 9 Adar I 5703
Torah lessons: Chumash: Tetzaveh, first parsha with Rashi.
Tehillim: 49-54.
Tanya: Ch. 29. There is yet (p. 123)...coarseness and crassness. (p. 125).
When someone walks the street and thinks words of Mishna or Tanya, or sits in his store with a Chumash or Tehillim - that is more valued today than it was when the streets were bright with the light of Torah. We must not go about in the street with a vacant heart.1 We must have some Torah memorized, to take with us into the street.
FOOTNOTES
1. Idiomatically, "on an empty stomach." Viz. Chulin 59a.
---------------------
• Daily Thought
Supply and Demand
Time, too, has its weather.
There are seasons when the weather hangs in one mode and nothing new knocks on your door for weeks.
And there are times when nothing will rest in its place for a moment, sun, clouds and wind seem locked in battle and a torrent of demands pounds relentlessly upon your head.
There is a mechanism behind these seasons of Life: Above, the energy of life throbs in continual metamorphosis as the portals of heaven expand and contract.
So that at times, the energy of life is metered out in rhythmic doses, precisely according to what the world can contain. And at other times, those portals open wide, so wide the soul is overwhelmed with sudden light. In our world, life overflows.
There is only one thing to remember: Do not fear the rush of light. Just as He adjusts the flow of light, so He empowers His creatures to receive.
When the rivers of life overflow, so too your powers to traverse them.
CHABAD - TODAY IN JUDAISM: Wednesday, February 17, 2016 - Today is: Wednesday, Adar I 8, 5776 · February 17, 2016
Today in Jewish History:
• Oath on Torah Permitted (1674)
In the 1660's the Jewish community of Barbados became established and of considerable importance. The Jewish community, however, had a decided disadvantage in that their testimony was not admissible in court cases due to their refusal to take an oath on a Christian Bible. In October 1669 the Jewish community presented the king a petition requesting permission to take be able to take oaths on the Five Books of Moses, the Jewish Bible.
Several years later, on Wednesday, February 14, 1674, Barbados passed a law granting the Jewish community the permission they requested.
Daily Quote:
From the time that G-d said to our father Abraham, "Go from your land..." and "Abraham went on, journeying southward", began the process of "birurim" -- of extracting the sparks of holiness that are scattered throughout the universe and buried within the material existence... By the decree of Divine providence, a person wanders about in his travels to those places where the sparks that are to be extracted by him await their redemption...[Rabbi Sholom DovBer of Lubavitch (1860-1920)]
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 4th Portion Exodus 29:1-29:18 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 29
1And this is the thing that you shall do for them to sanctify them to serve Me [as kohanim]: take one young bull and two rams, perfect ones. אוְזֶ֨ה הַדָּבָ֜ר אֲשֶׁ֨ר תַּֽעֲשֶׂ֥ה לָהֶ֛ם לְקַדֵּ֥שׁ אֹתָ֖ם לְכַהֵ֣ן לִ֑י לְ֠קַ֠ח פַּ֣ר אֶחָ֧ד בֶּן־בָּקָ֛ר וְאֵילִ֥ם שְׁנַ֖יִם תְּמִימִֽם:
take: Heb. לְקַח, like קַח, and these are two roots, one of קִיחָה and one of לְקִיחָה, but they have the same meaning [i.e., take]. לקח: כמו קח, ושתי גזרות הן, אחת של קיחה, ואחת של לקיחה, ולהן פתרון אחד:
one young bull: This was to atone for the incident of the [golden] calf, which was a bull. -[from Midrash Tanchuma 10] פר אחד: לכפר על מעשה העגל שהוא פר:
2And unleavened bread and unleavened loaves mixed with oil, and unleavened wafers anointed with oil; you shall make them out of fine wheat flour. בוְלֶ֣חֶם מַצּ֗וֹת וְחַלֹּ֤ת מַצֹּת֙ בְּלוּלֹ֣ת בַּשֶּׁ֔מֶן וּרְקִיקֵ֥י מַצּ֖וֹת מְשֻׁחִ֣ים בַּשָּׁ֑מֶן סֹ֥לֶת חִטִּ֖ים תַּֽעֲשֶׂ֥ה אֹתָֽם:
And unleavened bread and unleavened loaves… and unleavened wafers: These refer to three types [of matzah]: scalded dough, loaves, and wafers (Men. 78a). The unleavened bread is what is called further in the section (verse 23) “loaf of oil bread,” because he [Moses] would put as much oil into the scalded dough as in the loaves and the wafers (Men. 89a), and of each of the types [of unleavened bread referred to here], ten loaves were brought. ולחם מצות וחלת מצת ורקיקי מצות: הרי אלו שלשה מינין רבוכה, וחלות ורקיקים לחם מצות, היא הקרויה למטה בענין (פסוק כג) חלת לחם שמן, על שם שנותן שמן ברבוכה כנגד החלות והרקיקין, וכל המינין באים עשר עשר חלות:
mixed with oil: When it [the bread] was flour, he [Moses] would pour oil on them and mix them. -[from Men. 75a] בלולת בשמן: כשהן קמח יוצק בהן שמן ובוללן:
anointed with oil: After they were baked, he [Moses] would anoint them like a sort of Greek “chaff,” which resembles our [Hebrew letter of the alphabet] “nun.” -[from Men. 74b] משחים בשמן: אחר אפייתן מושחן כמין כי יונית, שהיא עשויה כנו"ן שלנו:
3And you shall place them upon a basket, and you shall bring them in the basket, and the bull and the two rams. גוְנָֽתַתָּ֤ אוֹתָם֙ עַל־סַ֣ל אֶחָ֔ד וְהִקְרַבְתָּ֥ אֹתָ֖ם בַּסָּ֑ל וְאֶ֨ת־הַפָּ֔ר וְאֵ֖ת שְׁנֵ֥י הָֽאֵילִֽם:
and you shall bring them: to the courtyard of the Mishkan on the day it will be erected. והקרבת אתם: אל חצר המשכן ביום הקמתו:
4And you shall bring Aaron and his sons near the entrance of the Tent of Meeting, and you shall bathe them in water. דוְאֶת־אַֽהֲרֹ֤ן וְאֶת־בָּנָיו֙ תַּקְרִ֔יב אֶל־פֶּ֖תַח אֹ֣הֶל מוֹעֵ֑ד וְרָֽחַצְתָּ֥ אֹתָ֖ם בַּמָּֽיִם:
and you shall bathe them: This [refers to] the immersion of the entire body. ורחצת: זו טבילת כל הגוף:
5And you shall take the garments and clothe Aaron with the tunic, with the robe of the ephod, with the ephod, and with the choshen, and you shall adorn him with the band of the ephod. הוְלָֽקַחְתָּ֣ אֶת־הַבְּגָדִ֗ים וְהִלְבַּשְׁתָּ֤ אֶת־אַֽהֲרֹן֙ אֶת־הַכֻּתֹּ֔נֶת וְאֵת֙ מְעִ֣יל הָֽאֵפֹ֔ד וְאֶת־הָֽאֵפֹ֖ד וְאֶת־הַח֑שֶׁן וְאָֽפַדְתָּ֣ ל֔וֹ בְּחֵ֖שֶׁב הָֽאֵפֹֽד:
and you shall adorn: Adorn and affix the belt and the apron around him. ואפדת: קשט ותקן החגורה והסינר סביבותיו:
6You shall place the cap upon his head and place the holy crown upon the cap. ווְשַׂמְתָּ֥ הַמִּצְנֶ֖פֶת עַל־רֹאשׁ֑וֹ וְנָֽתַתָּ֛ אֶת־נֵ֥זֶר הַקֹּ֖דֶשׁ עַל־הַמִּצְנָֽפֶת:
the holy crown: Heb. נֵזֶר הַקֹּדֶשׁ. This is the showplate. נזר הקדש: זה הציץ:
upon the cap: As I explained above (Exod. 28:37): through the middle thread [of the showplate] and the two threads on his head, all three of which were tied behind the nape [of the Kohen Gadol’s neck], he places it [the showplate] upon the cap like a sort of hat. על המצנפת: כמו שפירשתי למעלה (שמות כח לז) על ידי הפתיל האמצעי ושני פתילין שבראשו הקשורין שלשתן מאחורי העורף, הוא נותנו על המצנפת כמין כובע:
7You shall take the anointing oil and pour [it] on his head and anoint him. זוְלָֽקַחְתָּ֙ אֶת־שֶׁ֣מֶן הַמִּשְׁחָ֔ה וְיָֽצַקְתָּ֖ עַל־רֹאשׁ֑וֹ וּמָֽשַׁחְתָּ֖ אֹתֽוֹ:
and anoint him: This anointment was also like a sort of Greek “chaff.” [See commentary above on verse 2, and Rambam, Laws of Temple Vessels 1:7.] He [Moses] would apply oil to his [Aaron’s] head and between his eyebrows and join them with his finger. -[from Kereithoth 5b] ומשחת אותו: אף משיחה זו כמין כי יונית, נותן שמן על ראשו ובין ריסי עיניו ומחברן באצבעו:
8And you shall bring his sons near, and you shall clothe them with tunics. חוְאֶת־בָּנָ֖יו תַּקְרִ֑יב וְהִלְבַּשְׁתָּ֖ם כֻּתֳּנֹֽת:
9And you shall gird them with sashes, Aaron and his sons, and you shall dress them with high hats, and the kehunah will be a perpetual statute for them, and you shall invest Aaron and his sons with full authority. טוְחָֽגַרְתָּ֩ אֹתָ֨ם אַבְנֵ֜ט אַֽהֲרֹ֣ן וּבָנָ֗יו וְחָֽבַשְׁתָּ֤ לָהֶם֙ מִגְבָּעֹ֔ת וְהָֽיְתָ֥ה לָהֶ֛ם כְּהֻנָּ֖ה לְחֻקַּ֣ת עוֹלָ֑ם וּמִלֵּאתָ֥ יַד־אַֽהֲרֹ֖ן וְיַד־בָּנָֽיו:
will be… for them: This investiture, for eternal kehunah. והיתה להם: מלוי ידים זה לכהונת עולם:
and you shall invest: through these things. ומלאת: על ידי הדברים האלה:
Aaron and his sons: with the fulfillment (בְּמִלְוּי) and the appointment to the kehunah. יד אהרן ויד בניו: במילוי ופקודת הכהונה:
10You shall bring the bull to the front of the Tent of Meeting, and Aaron and his sons shall lean their hands upon the head of the bull. יוְהִקְרַבְתָּ֙ אֶת־הַפָּ֔ר לִפְנֵ֖י אֹ֣הֶל מוֹעֵ֑ד וְסָמַ֨ךְ אַֽהֲרֹ֧ן וּבָנָ֛יו אֶת־יְדֵיהֶ֖ם עַל־רֹ֥אשׁ הַפָּֽר:
11You shall [then] slaughter the bull before the Lord, at the entrance of the Tent of Meeting. יאוְשָֽׁחַטְתָּ֥ אֶת־הַפָּ֖ר לִפְנֵ֣י יְהֹוָ֑ה פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
at the entrance of the Tent of Meeting: In the courtyard of the Mishkan, which is in front of the entrance. פתח אוהל מועד: בחצר המשכן שלפני הפתח:
12And you shall take [some] of the blood of the bull and apply it on the horns of the altar with your finger, and you shall pour out all the blood upon the base of the altar. יבוְלָֽקַחְתָּ֙ מִדַּ֣ם הַפָּ֔ר וְנָֽתַתָּ֛ה עַל־קַרְנֹ֥ת הַמִּזְבֵּ֖חַ בְּאֶצְבָּעֶ֑ךָ וְאֶת־כָּל־הַדָּ֣ם תִּשְׁפֹּ֔ךְ אֶל־יְס֖וֹד הַמִּזְבֵּֽחַ:
on the horns: On top, actually on the horns. -[from Zev. 53a] על קרנות: למעלה בקרנות ממש:
and… all the blood: [I.e.,] the remaining blood. ואת כל הדם: שיירי הדם:
upon the base of the altar: A sort of protruding receptacle was made all around it [the altar] after it was elevated a cubit from the ground. -[from Middoth 3:1] אל יסוד המזבח: כמין בליטת בית קבול עשוי לו סביב סביב לאחר שעלה אמה מן הארץ:
13You shall then take all the fat that covers the innards, and the diaphragm with the liver, also the two kidneys and the fat that is upon them, and make them go up in smoke upon the altar. יגוְלָֽקַחְתָּ֗ אֶת־כָּל־הַחֵ֘לֶב֘ הַֽמְכַסֶּ֣ה אֶת־הַקֶּ֒רֶב֒ וְאֵ֗ת הַיֹּתֶ֨רֶת֙ עַל־הַכָּבֵ֔ד וְאֵת֙ שְׁתֵּ֣י הַכְּלָיֹ֔ת וְאֶת־הַחֵ֖לֶב אֲשֶׁ֣ר עֲלֵיהֶ֑ן וְהִקְטַרְתָּ֖ הַמִּזְבֵּֽחָה:
the fat that covers the innards: That is the membrane on the rumen [i.e., the first stomach of a ruminant animal], which is called tele [in Old French, toile in modern French]. -[from Tosefta Chullin 9:3] החלב המכסה את הקרב: הוא הקרום שעל הכרס שקורין טייל"א [קרום]:
and the diaphragm: הַיֹּתֶרֶת. This is the membrane of the liver, called ebres [in Old French]. ואת היתרת: הוא טרפשא דכבדא שקורין איבדי"ש [סרעפת]:
with the liver: He must also take part of the liver along with it. -[from Sifra,Lev. 3:8] על הכבד: אף מן הכבד יטול עמה:
14But the flesh of the bull, its hide and its dung you shall burn in fire outside the camp; it is a sin offering. ידוְאֶת־בְּשַׂ֤ר הַפָּר֙ וְאֶת־עֹר֣וֹ וְאֶת־פִּרְשׁ֔וֹ תִּשְׂרֹ֣ף בָּאֵ֔שׁ מִח֖וּץ לַמַּֽחֲנֶ֑ה חַטָּ֖את הֽוּא:
you shall burn in fire: We do not find any [reference to an] “outside” sin offering burnt except this one. תשרף באש: לא מצינו חטאת חיצונה נשרפת אלא זו:
15And you shall take the one ram, and Aaron and his sons shall lean their hands upon the ram's head. טווְאֶת־הָאַ֥יִל הָֽאֶחָ֖ד תִּקָּ֑ח וְסָ֨מְכ֜וּ אַֽהֲרֹ֧ן וּבָנָ֛יו אֶת־יְדֵיהֶ֖ם עַל־רֹ֥אשׁ הָאָֽיִל:
16You shall slaughter the ram, and you shall take its blood and sprinkle [it] on the altar all around. טזוְשָֽׁחַטְתָּ֖ אֶת־הָאָ֑יִל וְלָֽקַחְתָּ֙ אֶת־דָּמ֔וֹ וְזָֽרַקְתָּ֥ עַל־הַמִּזְבֵּ֖חַ סָבִֽיב:
and sprinkle: with a vessel. He [Moses] would grasp the sprinkling basin and sprinkle [the blood] opposite the horn [of the altar], in order that it [the blood would] be visible on both sides. The only sacrifice requiring the blood to be applied with the finger is the sin offering. The other sacrifices require neither [that the blood be sprinkled on the] horn, nor [that it be applied with the] finger, because the application of their [the other sacrifices’] blood is on the lower half of the altar, and [the kohen] does not ascend the ramp [of the altar], but he stands on the ground and sprinkles [the blood]. -[from Zev. 53b] וזרקת: בכלי, אוחז במזרק וזורק כנגד הקרן כדי שיראה לכאן ולכאן, ואין קרבן טעון מתנה באצבע אלא חטאת בלבד, אבל שאר זבחים אינן טעונין קרן ולא אצבע, שמתן דמם מחצי המזבח ולמטה, ואינו עולה בכבש אלא עומד בארץ וזורק:
all around: Heb. סָבִיב. Thus it is delineated in Shechitath Kodashim (Zev. 53b) that סָבִיב refers to only two applications, which [actually] are four-one [application is] on this corner and one on the diagonally opposite corner. Each application was visible on both sides of the corner, thus the blood was applied on the four directions all around. Therefore, it [the sprinkling of the blood] is called סָבִיב, all around. סביב: כך מפורש בשחיטת קדשים (זבחים נב ב) שאין סביב אלא שתי מתנות שהן ארבע, האחת בקרן זוית זו, והאחת בקרן שכנגדה באלכסון, וכל מתנה נראית בשני צדי הקרן אילך ואילך, נמצא הדם נתון בארבע רוחות סביב, לכך קרוי סביב:
17And you shall dissect the ram into its parts, and you shall wash its innards and its legs and put them with its parts and with its head, יזוְאֶ֨ת־הָאַ֔יִל תְּנַתֵּ֖חַ לִנְתָחָ֑יו וְרָֽחַצְתָּ֤ קִרְבּוֹ֙ וּכְרָעָ֔יו וְנָֽתַתָּ֥ עַל־נְתָחָ֖יו וְעַל־רֹאשֽׁוֹ:
into its parts: Heb. עַל-נְתָחָיו, [equivalent to] עִם-נְתָחָיו, with its parts, in addition to the rest of the parts. על נתחיו: עם נתחיו, מוסף על שאר הנתחים:
18and you shall make the entire ram go up in smoke upon the altar; it is a burnt offering made to the Lord; it is a spirit of satisfaction, a fire offering for the Lord. יחוְהִקְטַרְתָּ֤ אֶת־כָּל־הָאַ֨יִל֙ הַמִּזְבֵּ֔חָה עֹלָ֥ה ה֖וּא לַֽיהֹוָ֑ה רֵ֣יחַ נִיח֔וֹחַ אִשֶּׁ֥ה לַֽיהֹוָ֖ה הֽוּא:
it is a spirit of satisfaction: It is satisfaction to Me that I commanded and My will was performed. -[from Zev. 46b] ריח ניחוח: נחת רוח לפני, שאמרתי ונעשה רצוני:
a fire offering: Heb. אִשֶׁה, a word related to fire אֵשׁ, and it means burning the limbs that are on the fire. אשה: לשון אש, והיא הקטרת איברים שעל האש
• Oath on Torah Permitted (1674)
In the 1660's the Jewish community of Barbados became established and of considerable importance. The Jewish community, however, had a decided disadvantage in that their testimony was not admissible in court cases due to their refusal to take an oath on a Christian Bible. In October 1669 the Jewish community presented the king a petition requesting permission to take be able to take oaths on the Five Books of Moses, the Jewish Bible.
Several years later, on Wednesday, February 14, 1674, Barbados passed a law granting the Jewish community the permission they requested.
Daily Quote:
From the time that G-d said to our father Abraham, "Go from your land..." and "Abraham went on, journeying southward", began the process of "birurim" -- of extracting the sparks of holiness that are scattered throughout the universe and buried within the material existence... By the decree of Divine providence, a person wanders about in his travels to those places where the sparks that are to be extracted by him await their redemption...[Rabbi Sholom DovBer of Lubavitch (1860-1920)]
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 4th Portion Exodus 29:1-29:18 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 29
1And this is the thing that you shall do for them to sanctify them to serve Me [as kohanim]: take one young bull and two rams, perfect ones. אוְזֶ֨ה הַדָּבָ֜ר אֲשֶׁ֨ר תַּֽעֲשֶׂ֥ה לָהֶ֛ם לְקַדֵּ֥שׁ אֹתָ֖ם לְכַהֵ֣ן לִ֑י לְ֠קַ֠ח פַּ֣ר אֶחָ֧ד בֶּן־בָּקָ֛ר וְאֵילִ֥ם שְׁנַ֖יִם תְּמִימִֽם:
take: Heb. לְקַח, like קַח, and these are two roots, one of קִיחָה and one of לְקִיחָה, but they have the same meaning [i.e., take]. לקח: כמו קח, ושתי גזרות הן, אחת של קיחה, ואחת של לקיחה, ולהן פתרון אחד:
one young bull: This was to atone for the incident of the [golden] calf, which was a bull. -[from Midrash Tanchuma 10] פר אחד: לכפר על מעשה העגל שהוא פר:
2And unleavened bread and unleavened loaves mixed with oil, and unleavened wafers anointed with oil; you shall make them out of fine wheat flour. בוְלֶ֣חֶם מַצּ֗וֹת וְחַלֹּ֤ת מַצֹּת֙ בְּלוּלֹ֣ת בַּשֶּׁ֔מֶן וּרְקִיקֵ֥י מַצּ֖וֹת מְשֻׁחִ֣ים בַּשָּׁ֑מֶן סֹ֥לֶת חִטִּ֖ים תַּֽעֲשֶׂ֥ה אֹתָֽם:
And unleavened bread and unleavened loaves… and unleavened wafers: These refer to three types [of matzah]: scalded dough, loaves, and wafers (Men. 78a). The unleavened bread is what is called further in the section (verse 23) “loaf of oil bread,” because he [Moses] would put as much oil into the scalded dough as in the loaves and the wafers (Men. 89a), and of each of the types [of unleavened bread referred to here], ten loaves were brought. ולחם מצות וחלת מצת ורקיקי מצות: הרי אלו שלשה מינין רבוכה, וחלות ורקיקים לחם מצות, היא הקרויה למטה בענין (פסוק כג) חלת לחם שמן, על שם שנותן שמן ברבוכה כנגד החלות והרקיקין, וכל המינין באים עשר עשר חלות:
mixed with oil: When it [the bread] was flour, he [Moses] would pour oil on them and mix them. -[from Men. 75a] בלולת בשמן: כשהן קמח יוצק בהן שמן ובוללן:
anointed with oil: After they were baked, he [Moses] would anoint them like a sort of Greek “chaff,” which resembles our [Hebrew letter of the alphabet] “nun.” -[from Men. 74b] משחים בשמן: אחר אפייתן מושחן כמין כי יונית, שהיא עשויה כנו"ן שלנו:
3And you shall place them upon a basket, and you shall bring them in the basket, and the bull and the two rams. גוְנָֽתַתָּ֤ אוֹתָם֙ עַל־סַ֣ל אֶחָ֔ד וְהִקְרַבְתָּ֥ אֹתָ֖ם בַּסָּ֑ל וְאֶ֨ת־הַפָּ֔ר וְאֵ֖ת שְׁנֵ֥י הָֽאֵילִֽם:
and you shall bring them: to the courtyard of the Mishkan on the day it will be erected. והקרבת אתם: אל חצר המשכן ביום הקמתו:
4And you shall bring Aaron and his sons near the entrance of the Tent of Meeting, and you shall bathe them in water. דוְאֶת־אַֽהֲרֹ֤ן וְאֶת־בָּנָיו֙ תַּקְרִ֔יב אֶל־פֶּ֖תַח אֹ֣הֶל מוֹעֵ֑ד וְרָֽחַצְתָּ֥ אֹתָ֖ם בַּמָּֽיִם:
and you shall bathe them: This [refers to] the immersion of the entire body. ורחצת: זו טבילת כל הגוף:
5And you shall take the garments and clothe Aaron with the tunic, with the robe of the ephod, with the ephod, and with the choshen, and you shall adorn him with the band of the ephod. הוְלָֽקַחְתָּ֣ אֶת־הַבְּגָדִ֗ים וְהִלְבַּשְׁתָּ֤ אֶת־אַֽהֲרֹן֙ אֶת־הַכֻּתֹּ֔נֶת וְאֵת֙ מְעִ֣יל הָֽאֵפֹ֔ד וְאֶת־הָֽאֵפֹ֖ד וְאֶת־הַח֑שֶׁן וְאָֽפַדְתָּ֣ ל֔וֹ בְּחֵ֖שֶׁב הָֽאֵפֹֽד:
and you shall adorn: Adorn and affix the belt and the apron around him. ואפדת: קשט ותקן החגורה והסינר סביבותיו:
6You shall place the cap upon his head and place the holy crown upon the cap. ווְשַׂמְתָּ֥ הַמִּצְנֶ֖פֶת עַל־רֹאשׁ֑וֹ וְנָֽתַתָּ֛ אֶת־נֵ֥זֶר הַקֹּ֖דֶשׁ עַל־הַמִּצְנָֽפֶת:
the holy crown: Heb. נֵזֶר הַקֹּדֶשׁ. This is the showplate. נזר הקדש: זה הציץ:
upon the cap: As I explained above (Exod. 28:37): through the middle thread [of the showplate] and the two threads on his head, all three of which were tied behind the nape [of the Kohen Gadol’s neck], he places it [the showplate] upon the cap like a sort of hat. על המצנפת: כמו שפירשתי למעלה (שמות כח לז) על ידי הפתיל האמצעי ושני פתילין שבראשו הקשורין שלשתן מאחורי העורף, הוא נותנו על המצנפת כמין כובע:
7You shall take the anointing oil and pour [it] on his head and anoint him. זוְלָֽקַחְתָּ֙ אֶת־שֶׁ֣מֶן הַמִּשְׁחָ֔ה וְיָֽצַקְתָּ֖ עַל־רֹאשׁ֑וֹ וּמָֽשַׁחְתָּ֖ אֹתֽוֹ:
and anoint him: This anointment was also like a sort of Greek “chaff.” [See commentary above on verse 2, and Rambam, Laws of Temple Vessels 1:7.] He [Moses] would apply oil to his [Aaron’s] head and between his eyebrows and join them with his finger. -[from Kereithoth 5b] ומשחת אותו: אף משיחה זו כמין כי יונית, נותן שמן על ראשו ובין ריסי עיניו ומחברן באצבעו:
8And you shall bring his sons near, and you shall clothe them with tunics. חוְאֶת־בָּנָ֖יו תַּקְרִ֑יב וְהִלְבַּשְׁתָּ֖ם כֻּתֳּנֹֽת:
9And you shall gird them with sashes, Aaron and his sons, and you shall dress them with high hats, and the kehunah will be a perpetual statute for them, and you shall invest Aaron and his sons with full authority. טוְחָֽגַרְתָּ֩ אֹתָ֨ם אַבְנֵ֜ט אַֽהֲרֹ֣ן וּבָנָ֗יו וְחָֽבַשְׁתָּ֤ לָהֶם֙ מִגְבָּעֹ֔ת וְהָֽיְתָ֥ה לָהֶ֛ם כְּהֻנָּ֖ה לְחֻקַּ֣ת עוֹלָ֑ם וּמִלֵּאתָ֥ יַד־אַֽהֲרֹ֖ן וְיַד־בָּנָֽיו:
will be… for them: This investiture, for eternal kehunah. והיתה להם: מלוי ידים זה לכהונת עולם:
and you shall invest: through these things. ומלאת: על ידי הדברים האלה:
Aaron and his sons: with the fulfillment (בְּמִלְוּי) and the appointment to the kehunah. יד אהרן ויד בניו: במילוי ופקודת הכהונה:
10You shall bring the bull to the front of the Tent of Meeting, and Aaron and his sons shall lean their hands upon the head of the bull. יוְהִקְרַבְתָּ֙ אֶת־הַפָּ֔ר לִפְנֵ֖י אֹ֣הֶל מוֹעֵ֑ד וְסָמַ֨ךְ אַֽהֲרֹ֧ן וּבָנָ֛יו אֶת־יְדֵיהֶ֖ם עַל־רֹ֥אשׁ הַפָּֽר:
11You shall [then] slaughter the bull before the Lord, at the entrance of the Tent of Meeting. יאוְשָֽׁחַטְתָּ֥ אֶת־הַפָּ֖ר לִפְנֵ֣י יְהֹוָ֑ה פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
at the entrance of the Tent of Meeting: In the courtyard of the Mishkan, which is in front of the entrance. פתח אוהל מועד: בחצר המשכן שלפני הפתח:
12And you shall take [some] of the blood of the bull and apply it on the horns of the altar with your finger, and you shall pour out all the blood upon the base of the altar. יבוְלָֽקַחְתָּ֙ מִדַּ֣ם הַפָּ֔ר וְנָֽתַתָּ֛ה עַל־קַרְנֹ֥ת הַמִּזְבֵּ֖חַ בְּאֶצְבָּעֶ֑ךָ וְאֶת־כָּל־הַדָּ֣ם תִּשְׁפֹּ֔ךְ אֶל־יְס֖וֹד הַמִּזְבֵּֽחַ:
on the horns: On top, actually on the horns. -[from Zev. 53a] על קרנות: למעלה בקרנות ממש:
and… all the blood: [I.e.,] the remaining blood. ואת כל הדם: שיירי הדם:
upon the base of the altar: A sort of protruding receptacle was made all around it [the altar] after it was elevated a cubit from the ground. -[from Middoth 3:1] אל יסוד המזבח: כמין בליטת בית קבול עשוי לו סביב סביב לאחר שעלה אמה מן הארץ:
13You shall then take all the fat that covers the innards, and the diaphragm with the liver, also the two kidneys and the fat that is upon them, and make them go up in smoke upon the altar. יגוְלָֽקַחְתָּ֗ אֶת־כָּל־הַחֵ֘לֶב֘ הַֽמְכַסֶּ֣ה אֶת־הַקֶּ֒רֶב֒ וְאֵ֗ת הַיֹּתֶ֨רֶת֙ עַל־הַכָּבֵ֔ד וְאֵת֙ שְׁתֵּ֣י הַכְּלָיֹ֔ת וְאֶת־הַחֵ֖לֶב אֲשֶׁ֣ר עֲלֵיהֶ֑ן וְהִקְטַרְתָּ֖ הַמִּזְבֵּֽחָה:
the fat that covers the innards: That is the membrane on the rumen [i.e., the first stomach of a ruminant animal], which is called tele [in Old French, toile in modern French]. -[from Tosefta Chullin 9:3] החלב המכסה את הקרב: הוא הקרום שעל הכרס שקורין טייל"א [קרום]:
and the diaphragm: הַיֹּתֶרֶת. This is the membrane of the liver, called ebres [in Old French]. ואת היתרת: הוא טרפשא דכבדא שקורין איבדי"ש [סרעפת]:
with the liver: He must also take part of the liver along with it. -[from Sifra,Lev. 3:8] על הכבד: אף מן הכבד יטול עמה:
14But the flesh of the bull, its hide and its dung you shall burn in fire outside the camp; it is a sin offering. ידוְאֶת־בְּשַׂ֤ר הַפָּר֙ וְאֶת־עֹר֣וֹ וְאֶת־פִּרְשׁ֔וֹ תִּשְׂרֹ֣ף בָּאֵ֔שׁ מִח֖וּץ לַמַּֽחֲנֶ֑ה חַטָּ֖את הֽוּא:
you shall burn in fire: We do not find any [reference to an] “outside” sin offering burnt except this one. תשרף באש: לא מצינו חטאת חיצונה נשרפת אלא זו:
15And you shall take the one ram, and Aaron and his sons shall lean their hands upon the ram's head. טווְאֶת־הָאַ֥יִל הָֽאֶחָ֖ד תִּקָּ֑ח וְסָ֨מְכ֜וּ אַֽהֲרֹ֧ן וּבָנָ֛יו אֶת־יְדֵיהֶ֖ם עַל־רֹ֥אשׁ הָאָֽיִל:
16You shall slaughter the ram, and you shall take its blood and sprinkle [it] on the altar all around. טזוְשָֽׁחַטְתָּ֖ אֶת־הָאָ֑יִל וְלָֽקַחְתָּ֙ אֶת־דָּמ֔וֹ וְזָֽרַקְתָּ֥ עַל־הַמִּזְבֵּ֖חַ סָבִֽיב:
and sprinkle: with a vessel. He [Moses] would grasp the sprinkling basin and sprinkle [the blood] opposite the horn [of the altar], in order that it [the blood would] be visible on both sides. The only sacrifice requiring the blood to be applied with the finger is the sin offering. The other sacrifices require neither [that the blood be sprinkled on the] horn, nor [that it be applied with the] finger, because the application of their [the other sacrifices’] blood is on the lower half of the altar, and [the kohen] does not ascend the ramp [of the altar], but he stands on the ground and sprinkles [the blood]. -[from Zev. 53b] וזרקת: בכלי, אוחז במזרק וזורק כנגד הקרן כדי שיראה לכאן ולכאן, ואין קרבן טעון מתנה באצבע אלא חטאת בלבד, אבל שאר זבחים אינן טעונין קרן ולא אצבע, שמתן דמם מחצי המזבח ולמטה, ואינו עולה בכבש אלא עומד בארץ וזורק:
all around: Heb. סָבִיב. Thus it is delineated in Shechitath Kodashim (Zev. 53b) that סָבִיב refers to only two applications, which [actually] are four-one [application is] on this corner and one on the diagonally opposite corner. Each application was visible on both sides of the corner, thus the blood was applied on the four directions all around. Therefore, it [the sprinkling of the blood] is called סָבִיב, all around. סביב: כך מפורש בשחיטת קדשים (זבחים נב ב) שאין סביב אלא שתי מתנות שהן ארבע, האחת בקרן זוית זו, והאחת בקרן שכנגדה באלכסון, וכל מתנה נראית בשני צדי הקרן אילך ואילך, נמצא הדם נתון בארבע רוחות סביב, לכך קרוי סביב:
17And you shall dissect the ram into its parts, and you shall wash its innards and its legs and put them with its parts and with its head, יזוְאֶ֨ת־הָאַ֔יִל תְּנַתֵּ֖חַ לִנְתָחָ֑יו וְרָֽחַצְתָּ֤ קִרְבּוֹ֙ וּכְרָעָ֔יו וְנָֽתַתָּ֥ עַל־נְתָחָ֖יו וְעַל־רֹאשֽׁוֹ:
into its parts: Heb. עַל-נְתָחָיו, [equivalent to] עִם-נְתָחָיו, with its parts, in addition to the rest of the parts. על נתחיו: עם נתחיו, מוסף על שאר הנתחים:
18and you shall make the entire ram go up in smoke upon the altar; it is a burnt offering made to the Lord; it is a spirit of satisfaction, a fire offering for the Lord. יחוְהִקְטַרְתָּ֤ אֶת־כָּל־הָאַ֨יִל֙ הַמִּזְבֵּ֔חָה עֹלָ֥ה ה֖וּא לַֽיהֹוָ֑ה רֵ֣יחַ נִיח֔וֹחַ אִשֶּׁ֥ה לַֽיהֹוָ֖ה הֽוּא:
it is a spirit of satisfaction: It is satisfaction to Me that I commanded and My will was performed. -[from Zev. 46b] ריח ניחוח: נחת רוח לפני, שאמרתי ונעשה רצוני:
a fire offering: Heb. אִשֶׁה, a word related to fire אֵשׁ, and it means burning the limbs that are on the fire. אשה: לשון אש, והיא הקטרת איברים שעל האש
---------------------
Daily Tehillim: Chapters 44 - 48
• Hebrew text
• English text• Chapter 44
• Hebrew text
• English text• Chapter 44
The psalmist cries and laments painfully over this bitter exile, where we and our Torah are shamed daily, when the nations say that God has exchanged us for another nation, and where we are considered as sheep for the slaughter, as a byword and taunt. It is therefore fitting that God redeem us, for the sake of His great Name that abides with us in exile.
1. For the Conductor, by the sons of Korach, a maskil.1
2. God, with our ears we have heard, our fathers have told us, of the deeds You wrought in their days, in the days of old.
3. You drove out nations with Your hand, and planted [Israel in their place]; You afflicted peoples and banished them.
4. For not by their sword did they inherit the land, and their own arm did not save them, but by Your right hand, Your arm and the light of Your countenance-for You favored them.
5. You are my king, O God; decree the salvation of Jacob.
6. Through You will we gore our adversaries; with Your Name we will trample our opponents.
7. For I do not trust in my bow, and my sword cannot save me.
8. For You have delivered us from our foes, and You shamed those who hate us.
9. In God we glory all day, and forever thank Your Name, Selah.
10. Though You abandon and disgrace us, and do not go forth with our armies;
11. You cause us to retreat from the oppressor, and those who hate us plunder for themselves;
12. You deliver us like sheep to be devoured, and scatter us among the nations;
13. You sell Your nation without gain, and do not set a high price upon them;
14. You make us a disgrace to our neighbors, the scorn and derision of those around us;
15. You make us a byword among the nations, [a cause for] nodding the head among the peoples;
16. all day long my humiliation is before me, and the shame of my face covers me
17. at the voice of the reviler and blasphemer, because of the foe and avenger-
18. all this has come upon us, yet we have not forgotten You, nor have we been false to Your covenant.
19. Our hearts have not retracted, nor have our steps strayed from Your path.
20. Even when You crushed us in the place of serpents, and shrouded us in the shadow of death-
21. did we forget the Name of our God, and extend our hands to a foreign god?
22. Is it not so that God can examine this, for He knows the secrets of the heart.
23. For it is for Your sake that we are killed all the time; we are regarded as sheep for the slaughter.
24. Arise! Why do You sleep, my Lord? Wake up! Do not abandon [us] forever!
25. Why do You conceal Your countenance and forget our affliction and distress?
26. For our souls are bowed to the dust, our bellies cleave to the earth.
27. Arise! Be our help, and redeem us for the sake of Your kindness.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 45
The psalmist composed this psalm referring to Moshiach. He describes his greatness, his attributes, his glory, his wealth, and his reign; and states that Israel anticipates him, remembering and saying in every generation, "When will King Moshiach come?"
1. For the Conductor, upon the shoshanim,1 By the sons of Korach; a maskil,2 a song of love.
2. My heart is astir with a noble theme; I say, "My composition is for the king;3 my tongue is the pen of a skillful scribe.”
3. You are the most handsome of men, charm is poured upon your lips; therefore has God blessed you forever.
4. Gird your sword upon your thigh, O mighty one-it is your majesty and splendor.
5. And with your splendor, succeed and ride on for the sake of truth and righteous humility; and your right hand will guide you to awesome deeds.
6. Your arrows are sharpened-nations fall beneath you-[the arrows fall] into the hearts of the king's enemies.
7. Your throne, O ruler, is forever and ever, [for] the scepter of justice is the scepter of your kingdom.
8. You love righteousness and hate wickedness; therefore has God, your God, anointed you with oil of joy above your peers.
9. Myrrh, aloes and cassia are [the fragrance] of all your garments, which are from ivory palaces that bring you joy.
10. Daughters of kings visit you, and the queen stands erect at your right hand, adorned in the fine gold of Ophir.
11. Hear, O daughter, and observe, incline your ear; forget your people and your father's house.
12. Then the king will desire your beauty. He is your master-bow to him.
13. The daughter of Tyre, the wealthiest of nations, will seek your favor with a gift.
14. All the glory of the princess is within; her clothing surpasses settings of gold.
15. In embroidered garments she will be brought to the king; the maidens in her train, her companions, will be led to you.
16. They will be brought with gladness and joy, they will enter the palace of the king.
17. Your sons will succeed your fathers; you will appoint them ministers throughout the land.
18. I will cause Your Name to be remembered throughout the generations; therefore will the nations praise You forever and ever.
FOOTNOTES
1.A musical instrument shaped like a shoshana, a rose (Metzudot).
2.A psalm intended to enlighten and impart knowledge(Metzudot).
3.Reffering to the Messiah. (Metzudot).
Chapter 46
This psalm tells of the Gog and Magog era (the Messianic age), when man will cast aside his weapons, and warfare will be no more.
1. For the Conductor, by the sons of Korach, on the alamot,1 a song.
2. God is our refuge and strength, a help in distress, He is most accessible.
3. Therefore, we will not be afraid when the earth is transformed, when mountains collapse in the heart of the seas;
4. when its waters roar and are muddied, and mountains quake before His grandeur, Selah.
5. The river2-its streams will bring joy to the city of God, the sacred dwelling of the Most High.
6. God is in her midst, she will not falter; God will help her at the approach of morning.
7. Nations clamor, kingdoms stumble; He raises His voice and the earth dissolves.
8. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
9. Go and see the works of the Lord, Who has wrought devastation in the land.
10. To the end of the earth He causes wars to cease; He breaks the bow, snaps the spear, and burns the wagons in fire.
11. Stop [waging war]! And know that I am God; I will be exalted among the nations, exalted upon the earth.
12. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
FOOTNOTES
1.A musical instrument (Rashi)
2.Flowing from Eden (Rashi)
Chapter 47
Following the battle of Gog and Magog (in the Messianic era), war will be no more. God will grant us salvation, and we will merit to go up to the Holy Temple for the festivals, Amen.
1. For the Conductor, a psalm by the sons of Korach.
2. All you nations, clap hands; sound [the shofar] to God with a sound of jubilation.
3. For the Lord is most high, awesome; a great King over all the earth.
4. He subdues peoples under us, nations beneath our feet.
5. He chooses our heritage for us, the glory of Jacob whom He loves eternally.
6. God ascends through teruah, the Lord-through the sound of the shofar.
7. Sing, O sing to God; sing, O sing to our King.
8. For God is King over all the earth; sing, O man of understanding.
9. God reigns over the nations; God is seated on His holy throne.
10. The most noble of the nations are gathered, the nation of the God of Abraham; for the protectors of the earth belong to God; He is greatly exalted.
Chapter 48
The psalmist prophesies about the Messianic era, singing the praises of a rebuilt Jerusalem and the sacrifices brought there. At that time Israel will say, "As we heard from the mouths of the prophets, so have we merited to see!"
1. A song, a psalm by the sons of Korach.
2. The Lord is great and exceedingly acclaimed in the city of God, His holy mountain.
3. Beautiful in landscape, the joy of the whole earth is Mount Zion, on the northern slopes, the city of the great King.
4. In her citadels, God became known as a tower of strength.
5. For behold, the kings assembled, they advanced in concert [to invade her].
6. They saw [the wonders of the Almighty] and were astounded; they were terror-stricken, they hastened to flee.
7. Trembling seized them there, pangs as of a woman in the throes of labor;
8. [they were crushed as] by an east wind that shatters the ships of Tarshish.
9. As we have heard, so have we seen, in the city of the Lord of Hosts, in the city of our God; may God establish it for all eternity.
10. God, we have been hoping for Your kindness [to be revealed] within Your Sanctuary.
11. As Your Name, O God, [is great,] so is Your praise to the ends of the earth; Your right hand is filled with righteousness.
12. Let Mount Zion rejoice, let the towns of Judah exult, because of Your judgments.
13. Walk around Zion, encircle her, count her towers.
14. Consider well her ramparts, behold her lofty citadels, that you may recount it to a later generation.
15. For this God is our God forever and ever; He will lead us eternally.
--------------------
Tanya: Likutei Amarim, Chapter 28
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, Chapter 28
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
Wednesday, Adar I 8, 5776 · February 17, 2016
Likutei Amarim, Chapter 28
• In the previous chapter the Alter Rebbe taught that the Beinoni should not be distressed by the occurrence of sinful thoughts in his mind. On the contrary, he ought to rejoice, for by repulsing these thoughts and promptly averting his mind from them, he fulfills the commandment of “not going astray after one’s heart,” and thereby crushes the spirit of the sitra achra, consequently causing intense Divine pleasure.
However, this reasoning can only be applied when such thoughts occur to the Beinoni while engaged in his material pursuits. If, however, they occur to him while occupied in the service of G‑d (e.g., while praying or studying the Torah), they are certainly no cause for rejoicing, since they distract him from his divine service. How is he to deal with them in this case? — This is the subject of ch. 28.
ואפילו אם נופלים לו הרהורי תאוות ושאר מחשבות זרות בשעת העבודה בתורה או בתפלה בכוונה
Even if lustful imaginings or other extraneous thoughts occur to him during his service of G‑d — in Torah or in prayer with kavanah,
אל ישית לב אליהן, אלא יסיח דעתו מהן כרגע
he should pay them no attention, but avert his mind from them immediately.
וגם אל יהי שוטה, לעסוק בהעלאת המדות של המחשבה זרה
Nor should he be so foolish as to engage in “sublimation of the middot” of the extraneous thought,
כנודע
as is known — that one can overcome extraneous thoughts by elevating their source.
For every such thought stems from one of the middot of the animal soul. For example, the middah of love in the animal soul gives rise to one’s lustful thoughts; the middah of fear gives rise to hatred, and to fears inappropriate to him; and so on. It is therefore written1 that when one is disturbed by such a thought, he should determine which middah is its source, and should then refocus that middah on the spiritual aspects of the object of his thoughts. For example, if the extraneous thought is a desire for some physical object, one should contemplate that the desirability of the object which he craves is actually a manifestation of the Divine power that made it desirable — beautiful, tasty, or whatever. Therefore, rather than applying his desire (i.e., his middah of love) to the object’s physical sheath, he should direct it to the G‑dliness that underlies it. He will thereby elevate the corresponding middah of his animal soul to its Divine source, and thus destroy the evil in the thoughts caused by the middah, leaving only the good — the “sparks” of holiness embedded in them. This is what is meant by “sublimating the middot” in order to overcome extraneous thoughts.
For the Beinoni, however, such an exercise would be sheer foolishness, as the Alter Rebbe explains presently.
כי לא נאמרו דברים ההם אלא לצדיקים
For such things were intended only for tzaddikim,
שאין נופלים להם מחשבות זרות שלהם כי אם משל אחרים
in whom there do not occur any evil thoughts of their own evil middot, but only from the middot of others.
Since the tzaddik has transformed the middot of his animal soul to good, no evil thoughts can arise from them. Any evil thought that may arise in his mind stems from the middot of others. For another individual, whose soul-root is connected with this tzaddik, finds himself in difficulty combating his own evil middot, and requires his assistance. This person’s evil thought is therefore planted in the mind of the tzaddik, though in the form of mere abstract “letters of thought,” without any feeling of evil attached to it. The tzaddik, recognizing the source of this thought, redirects it towards the spiritual realm (as explained above), and thereby elevates the middah whence it stems, thus enabling his fellow-Jew to overcome his own evil middot. But only the tzaddik can accomplish this, since he himself possesses no evil middot.
אבל מי שנופל לו משלו מבחינת הרע שבלבו בחלל השמאלי
But as for one, i.e., a Beinoni, to whom there occurs an evil thought of his own, from the evil that is lodged in the left part of his heart i.e., the evil middot of his animal soul,
איך יעלהו למעלה והוא עצמו מקושר למטה
how can he raise it up to the spiritual realm when he himself is bound below by his desire for the material?
It would therefore be foolish for the Beinoni to attempt to rid himself of extraneous thoughts by engaging in the sublimation of his middot.
אך אף על פי כן אל יפול לבו בקרבו להיות מזה עצב נבזה בשעת העבודה, שצריך להיות בשמחה רבה
Nevertheless, he must not be downhearted, nor feel dejected and despicable because of this occurence of extraneous thoughts during his service of G‑d, when he ought to be most joyous.
אלא אדרבה, יתחזק יותר ויוסיף אומץ בכל כחו בכוונת התפלה בחדוה ושמחה יתירה
On the contrary, he should draw fresh strength, and intensify his determination with all his power, to pray with concentration, with even greater joy and gladness,
בשומו אל לבו כי נפילת המחשבה זרה היא מהקליפה שבחלל השמאלי, העושה מלחמה בבינוני עם נפש אלקית שבו
in the realization that the foreign thought which occurred to him derives from the kelipah of the left part of the heart, which wages war within the Beinoni against the divine soul within him.
ונודע דרך הנלחמים וכן הנאבקים יחד
It is known, that it is the way of combatants who seek to destroy one another and similarly of wrestlers who aim merely to topple one another,
כשהאחד מתגבר אזי השני מתאמץ להתגבר גם כן בכל מאמצי כחו
that when one is gaining the upper hand, the other likewise exerts himself with all the resources of his strength in order to prevail.
ולכן כשנפש האלקית מתאמצת ומתגברת להתפלל
Therefore, in the battle between the divine soul and the animal soul, when the divine soul exerts itself and musters all its strength in prayer, thereby to weaken or even vanquish the animal soul,
אזי גם הקליפה מתגברת כנגדה, לבלבלה ולהפילה במחשבה זרה שלה
the kelipah of the animal soul too gathers strength to counter it, aiming to confuse and topple the divine soul by means of a foreign thought of its own.
The animal soul, sensing danger in the divine soul’s increased efforts in prayer with devotion, contrives to jar one’s concentration by conjuring up assorted foreign thoughts in his mind. Thus, the appearance of an extraneous thought during prayer indicates that one’s devotion was of sufficient quality to give the animal soul cause for concern; and this realization itself should gladden one and encourage him to continue his efforts.
ולא כטעות העולם שטועים להוכיח מנפילת המחשבה זרה, מכלל שאין תפלתם כלום
This refutes a common error. When a foreign thought occurs to some people during prayer, they mistakenly conclude that their prayer is worthless,
שאילו התפלל כראוי ונכון לא היו נופלים לו מחשבות זרות
for if one prayed properly and correctly, so they mistakenly believe, no foreign thoughts would arise in his mind.
והאמת היה כדבריהם אם היתה נפש אחת לבדה, היא המתפללת והיא המחשבת ומהרהרת המחשבות זרות
They would be correct if there would be but one soul within a person, the same soul that prays being also the one that thinks and ponders on the foreign thoughts.
For in this case, if the G‑dly soul were truly immersed in the prayers, there would be no room within it for foreign thoughts.
אבל באמת לאמיתו הן שתי נפשות, הנלחמות זו עם זו במוחו של אדם
but in fact there are two souls, each waging war against the other in the person’s mind.
The mind is thus not only the battleground, but also the prize, the object of the battle between the two souls, for:
כל אחת חפצה ורצונה למשול בו ולהיות המוח ממולא ממנה לבדה
Each of them wishes and desires to rule and pervade the mind exclusively.
וכל הרהורי תורה ויראת שמים מנפש האלקית, וכל מילי דעלמא מנפש הבהמית
All thoughts of Torah and the fear of G‑d come from the G‑dly soul, while all thoughts of worldly matters derive from the animal soul.
Similarly in our case, thoughts of prayer are from the divine soul, while foreign thoughts stem from the animal soul. Thus, the occurence of a foreign thought during prayer is no indication of a fault in the prayer. In fact the opposite may be true, as the Alter Rebbe explained earlier with the analogy of two combatants.
But if there are indeed two separate souls, why should the extraneous thoughts of one interfere with the devotions of the other? — They would not interfere, answers the Alter Rebbe,
רק שהאלקית מלובשת בה
except that the G‑dly soul is clothed within it — within the animal soul.
Therefore the G‑dly soul cannot ignore foreign thoughts rising from the animal soul; and thus foreign thoughts disturb one’s devotion in prayer.
והוא כמשל אדם המתפלל בכוונה, ועומד לנגדו ערל רשע, ומשיח ומדבר עמו כדי לבלבלו
This is, to use an example, like a person who is praying with devotion, while facing him there stands a wicked heathen who chats and speaks to him in order to confuse him.
If the other’s intention were not to disturb him but merely, say, to ask him a question, then he could rid himself of the disturbance simply by responding to the questioner. But when the intention is to disturb his prayers, he will gain nothing by responding; if he answers one question, he will promptly be asked another.
שזאת עצתו בודאי שלא להשיב לו מטוב ועד רע, ולעשות עצמו כחרש לא ישמע
Surely the best advice in this case would be to answer him neither good nor evil, but rather to act as though he were deaf, without hearing.
ולקיים מה שכתוב: אל תען כסיל כאולתו, פן תשוה לו גם אתה
and to comply with the verse, 2 “Answer not a fool according to his folly, lest you too become like him.”
כך אל ישיב מאומה ושום טענה ומענה נגד המחשבה זרה
Just as in the analogy of the heathen who disturbs one during prayer, so too when foreign thoughts enter one’s mind while praying he should answer nothing at all, nor should he engage in argument against the foreign thought, i.e., he should not occupy himself with mental discussions on the best strategy for countering the foreign thought,
כי המתאבק עם מנוול מתנוול גם כן
for he who wrestles with a filthy person is bound to become soiled himself.
Similarly, in the process of fighting the foreign thought, one’s mind becomes filled and tainted by it. He should therefore not seek to grapple with it.
רק יעשה עצמו כלא יודע ולא שומע ההרהורים שנפלו לו, ויסירם מדעתו
Instead he should pretend not to know nor hear the foreign thoughts that occurred to him, should dismiss them from his mind,
ויוסיף אומץ בכח כוונתו
and strengthen still more the power of his concentration.
ואם יקשה לו להסירם מדעתו מפני שטורדים דעתו מאד בחזקה
If, however, he finds it difficult to dismiss them because they distract his mind with great intensity,
אזי ישפיל נפשו לה׳, ויתחנן לו יתברך במחשבתו לרחם עליו ברחמיו המרובים
then he should humble his soul before G‑d, and supplicate Him in his thought to have compassion upon him in His abundant mercies,
כרחם אב על בנים הנמשכים ממוחו, וככה ירחם ה׳ על נפשו הנמשכת מאתו יתברך
like a father who takes pity on his children who stem from his brain — and so too should G‑d be compassionate on his soul, which derives from G‑d’s “mind” — the attribute of Chochmah, as explained in ch. 2,
להצילה ממים הזדונים, ולמענו יעשה, כי חלק ה׳ ממש עמו
to rescue it from the3 “turbulent waters,” i.e., the thoughts which disturb the soul. This He should do for His own sake, since truly4 “His people is a part of the L-rd.”
In order that one should not incur Divine judgement as to whether he is worthy of G‑d’s compassion, the Alter Rebbe advises that one should beseech G‑d’s mercies for His own sake. Since the soul is “a part of G‑d,” in aiding the soul he actually helps Himself, so to speak. The question of whether one is deserving of such aid thus becomes irrelevant.
Another interpretation sees the words, “This He should do for His own sake…,” not as part of the worshiper’s plea, but as a guarantee: G‑d will certainly come to the aid of one who entreats Him, and certainly will “rescue his soul from the turbulent waters”; this is for His own sake, for the soul is veritably a part of G‑d.
| FOOTNOTES | |
| 1. | Keter Shem Tov (collected teachings of the Baal Shem Tov) Sec. 171. |
| 2. | Mishlei 26:4 |
| 3. | Tehillim 124:5 |
| 4. | Devarim 32:9 |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text | Audio: Listen | Download | Video Class• Wednesday, Adar I 8, 5776 · February 17, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 352
Uncle-Nephew Incest
"You shall not uncover the nakedness of your father's brother"—Leviticus 18:14.
It is forbidden for a man to engage in homosexual relations with his father's brother. One who does so transgresses two prohibitions: the general prohibition against homosexuality as well as this specific prohibition.
Full text of this Mitzvah »
Negative Commandment 347
Adultery
"You shall not commit adultery"—Exodus 20:13.
It is forbidden to engage in adultery with a married woman.
Full text of this Mitzvah »
Negative Commandment 346
Relations with a Menstruating Woman
"And to a woman during the uncleanness of her separation you shall not come near"—Leviticus 18:19.
It is forbidden to have sexual relations with a menstruating woman during the seven-day period of her ritual impurity—and afterwards until she immerses in a mikvah (ritual pool).
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Wednesday, Adar I 8, 5776 · February 17, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 352
Uncle-Nephew Incest
"You shall not uncover the nakedness of your father's brother"—Leviticus 18:14.
It is forbidden for a man to engage in homosexual relations with his father's brother. One who does so transgresses two prohibitions: the general prohibition against homosexuality as well as this specific prohibition.
Full text of this Mitzvah »
Uncle-Nephew Incest
Negative Commandment 352
Translated by Berel Bell
The 352nd prohibition is that one is forbidden from having [homosexual] relations with one's father's brother.
The source of this commandment is G‑d's statement,1 "do not commit a sexual offense against your father's brother."
One who unintentionally has relations with his father's brother must also bring two sin-offerings, as we explained regarding one's father.2 In tractate Sanhedrin they explain, "according to all opinions, one who has relations with his father's brother must bring two [sin-offerings], as the verse says, 'do not commit a sexual offense against your father's brother.' "
You should know3 that when I use the phrase, "acceptable testimony," I mean that there were two or more valid witnesses who gave the warning; that the testimony was given before a valid Beth Din of 23 members; and that it took place during a time when capital cases could be judged.4
It is clear that Scripture explicitly dictates kares for all the sexual prohibitions mentioned above. After listing all these prohibitions, the verse5 says, "anyone who does any of these disgusting perversions — their souls shall be cut off (v'nich'r'su)." So too, any prohibition where we mentioned execution by Beth Din, it is also explicitly stated in Scripture. However, regarding the varying types of execution — stoning, strangulation, or s'reifah — some have come through the Oral Tradition and some are explicit in Scripture.
The details of all these prohibitions are explained in tractates Sanhedrin and Kerisus, and in a number of passages in Yevamos, Kesubos, and Kiddushin.
In the beginning of Kerisus it is explained that any transgression for which one receives kares if intentional and must bring a sin-offering if unintentional — if he is not sure [whether or not he did the transgression],6 he must bring an asham talui.7 The sin-offering which is mentioned is an animal — either a female sheep or a female goat.
If you will examine the punishment mentioned regarding each prohibition, you will find that virtually every transgression where one receives kares if intentional and brings a sin-offering if unintentional — the sin-offering referred to is one of fixed value.8 There are two exceptions for which one receives kares if done intentionally, but if done unintentionally, one must bring a sin-offering of adjustable value, an oleh v'yored.9 These two transgressions are tumas mikdash10 and tumas kadashav;11 i.e. an impure person entering the Temple courtyard and an impure person eating meat from the sacrifices.
[If you examine all the punishments,] it will also be clear to you that for virtually every transgression where one receives kares if intentional, one must bring a sin-offering if unintentional. There is one exception — cursing G‑d's Name,12 for which one receives kares if done intentionally, but there is no sin-offering if done unintentionally.
[If you examine all the punishments,] it will also be clear to you that virtually every person who is subject to some form of execution by the Beth Din receives kares if he is not executed or they do not know about the transgression. There are ten exceptions, where the punishment is execution, but there is no kares — one who incites others to worship idols; one who incites a city to worship idols; a false prophet; one who prophesizes in the name of an idol; a rebellious elder; a rebellious son; a kidnapper; a murderer; one who strikes his father or mother; and one who curses his father or mother. In each of these cases, if the testimony is accepted, the person is put to death. If, however, they were unaware of the transgression or were unable to execute him, he has exposed himself to the death penalty, but does not receive kares. You should understand these principles and keep them in mind.
FOOTNOTES
1.Lev. 18:14.
2.N351.
3.In the order of Sefer Hamitzvos, this mitzvah is the last of the sexual prohibitions punishable by kares (beginning with N330). The Rambam therefore summarizes a few points which apply equally to all these mitzvos (N330-352).
4.I.e. when the Holy Temple was in existence; when the Beth Din Hagadol was holding their sessions in the lishkas hagazis; and there was a Kohen who was bringing the sacrifices. See Hilchos Sanhedrin 4:11.
5.Lev. 18:29.
6.For example, there where two pieces of fat, one kosher and one not, and he is not sure which one he ate.
7.P70.
8.See P69.
9.See P72.
10.See N77.
11.See N129.
12.N60.
--------------------------------------Negative Commandment 347
Adultery
"You shall not commit adultery"—Exodus 20:13.
It is forbidden to engage in adultery with a married woman.
Full text of this Mitzvah »
Adultery
Negative Commandment 347
Translated by Berel Bell
The 347th prohibition is that one is forbidden to have relations with one's neighbor's wife.
The source of this commandment is G‑d's statement,1 "do not lie carnally with your neighbor's wife."
There are various forms of punishment for one who transgresses this prohibition. If she was a betrothed maiden [na'ara m'urasa],2 she is executed by stoning, as explained in Scripture.3 If she was the daughter of a kohen, she is executed by s'reifah. He, however, is executed by strangulation.4 If she is not the daughter of a kohen and is fully married,5 both of them are executed by strangulation.
This all refers to where the testimony was accepted. If it was not, the penalty is kares.
All the above6 applies only if the transgression was done intentionally. If it was done unintentionally, a sin-offering must be brought.
This prohibition is repeated in the Ten Commandments in the verse,7 "do not commit adultery," which refers to relations with a married woman.
The Mechilta8 says, "Why does it say, 'do not commit adultery'? Because the verse,9 'both the adulterer and adulteress shall be put to death' teaches us only the punishment, not the actual prohibition.10 Therefore it says, 'do not commit adultery.' " And the Sifra says, "the verse,11 'if a man commits adultery with a married woman, and she is the wife of a fellow Jew [both the adulterer and adulteress shall be put to death]' teaches us only the punishment, not the actual prohibition. Therefore it says, 'do not commit adultery' — [to serve as the prohibition] both for the man and for the woman."
These sources do not use the verse, "do not lie carnally with your neighbor's wife" as the actual prohibition since it applies only to the man instead of both the man and woman. Similarly, our Sages had to extend the other sexual prohibitions to the woman as well [as to the man],12 as they said,13 "The verse,14 'they shall not approach to commit a sexual offense' addresses itself to two people [since it says 'they']. This comes to prohibit the man through the woman and the woman through the man."
Tractate Sanhedrin15 states, "all cases are included in the terms 'adulterer' and 'adulteress,' except that the daughter of a kohen was singled out for punishment by s'reifah, and the betrothed maiden for stoning." In our introduction16 we have already explained this statement.
FOOTNOTES
1.Lev. 18:20.
2.I.e. she is after erusin but before n'suin (see P213), a virgin, and still in her father's house.
3.Deut. 22:21.
4.This refers to the latter case of the daughter of a kohen. In the case of a betrothed maiden, he too is executed by stoning. See Hilchos Issurei Biyah, 3:4.
5.Literally, "has had relations." This means that she is after n'suin — to exclude the case of a na'arah m'urasa.
6.I.e. that there is execution or kares.
7.Ex. 20:14; Deut. 5:17.
8.Parshas Yisro, ibid.
9.Lev. 20:10.
10.In general, every prohibition has one verse which gives the punishment for the transgression, and another verse which tells you that the act is prohibited.
11.Lev. 20:10.
12.Who is directly addressed in all these prohibitions.
13.Sifra, Acharei, Ch.13:1.
14.Lev. 18:6.
15.51b.
16.Principle 7. There, the Rambam disagrees with those who count adultery with a regular woman, with the kohen's daughter, and with a maiden all as separate mitzvos. He proves this from the passage in Sanhedrin, which explains that the verse which serves as the actual prohibition ("do not commit adultery") and the one which gives the punishment ("both the adulterer and adulteress shall be put to death") are general and include all cases. the fact that the Torah later gives more detail as to which type of execution applies in which case does not make them separate mitzvos.
-------------------------------------Negative Commandment 346
Relations with a Menstruating Woman
"And to a woman during the uncleanness of her separation you shall not come near"—Leviticus 18:19.
It is forbidden to have sexual relations with a menstruating woman during the seven-day period of her ritual impurity—and afterwards until she immerses in a mikvah (ritual pool).
Full text of this Mitzvah »
Relations with a Menstruating Woman
Negative Commandment 346
Translated by Berel Bell
The 346th prohibition is that one is forbidden from having relations with a woman when she is still menstrualy impure, i.e. for seven days.1
The source of this commandment is G‑d's statement,2 "do not approach a woman who is menstrually impure." She remains in this state even longer than seven days as long as she does not immerse [in a mikvah].3
One who transgresses this prohibition intentionally receives kares; and if it was unintentional, must bring a sin-offering.
FOOTNOTES
1.In terms of practical halachah, this prohibition continues for a minimum of 12 days from the onset of menstruation and continues until she immerses in a kosher mikvah. There are many details regarding these laws which require careful study.
2.Lev. 18:19.
3.See previous note.
------------------------------------
• 1 Chapter: Shemita Shemita - Chapter 3 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Shemita - Chapter 3
Audio: Listen | Download | Video Class• Shemita - Chapter 3
Halacha 1
It is a halachah conveyed to Moses at Sinai1 that it is forbidden to work the land2 in the last 30 days of the sixth year, just before the Sabbatical year, because one is preparing for the Sabbatical year. This concept - i.e., the prohibition [to work the land] established by tradition - applies in the era of the Temple [alone]. Our Sages [extended that prohibition], decreeing that one should not plow an orchard in the year preceding the Sabbatical year in the era of the Temple after Shavuot, nor a field of grain after Pesach. In the era where the Temple does not stand, we are permitted to perform agricultural work until Rosh HaShanah, as [permitted by] Scriptural Law.3
Halacha 2
What is meant by an orchard?4 Any place where there are three trees in an area large enough to sow a se'ah of grain.5 Whether these are fruit-bearing trees or not and even when they belong to three different people, we consider them as if they were fig trees.6 If they were fit to produce a mass of dried figs of a weight of 60 maneh,7 we may plow the entire field because of them. [This applies] provided there is sufficient distance between them that cattle can pass through together with their implements.8
Halacha 3
[Different laws apply] if there were less than three trees in an area fit to sow ase'ah or there were three, but [only] one was fit to produce 60 maneh or more and the other two were not fit to produce [a significant amount]9 or there were two fit to produce even 100 maneh and one is not fit to produce [a significant amount]. We may plow only the portion of the field necessary for [these trees], i.e., [an area whose radius is the space in which could stand] a person picking figs together with his basket.
Halacha 4
If there were between three and nine trees and they were fit to produce 60maneh, we may plow the entire field for their sake, even though there are some trees that are not fit to produce [a significant quantity of] fruit.10
Halacha 5
When there are ten or more trees in an area fit to sow a se'ah, whether they are fit to produce [the above quantity of fruit] or not, we may plow the entire area for their sake [until Shavuot].11 If there were ten plantings12spread out13in an area fit to sow a se'ah, we may plow the entire area for their sake until Rosh HaShanah.14 This is a halachah conveyed to Moses at Sinai.
Halacha 6
Halacha 7
What is meant by a planting? A sapling for as long as it is called a planting.18
Halacha 8
[The following rules apply when] a tree was cut off and a new tree grew from its stump. If it was cut off a handbreadth or more above the ground, it is considered as a tree. If it was cut off lower than a handbreadth, it is considered as a planting.19
Halacha 9
All of the above applies in the era of the Temple, as we stated.20 In the present era, by contrast, we are permitted to work the land until Rosh HaShanah. [Moreover,] even in the era of the Temple, it is permitted to remove stones from fields and fertilize them21 and to hoe22 in zucchini and squash gardens23and in parched land until Rosh HaShanah. Similarly, one may fertilize saplings,24 remove dried leaves and branches from them, apply dust to them, smoke under them, rip off stalks, trim their far-spreading branches, and apply foul-smelling matter to them. We may wrap their branches, trim them, make shelters around them,25 place water upon them, apply oil to the unripened fruit and perforate them. All of these tasks are permitted in the year preceding the Sabbatical year until Rosh HaShanah of the Sabbatical year even in the era of the Temple.
Halacha 10
When unripened fruit from the sixth year enter the Sabbatical year or such fruit from the Sabbatical year enter the eighth year, we may not26 apply oil to them or perforate them.27 In the era of the Temple, one may not build steps at the entrance to valleys in the sixth year after the rains cease, because he is preparing for the seventh year.28
Halacha 11
Even in the present age, we may not plant trees, graft trees, or extend vines29in the sixth year unless there is time for the planting to become rooted30 and remain after taking root thirty days before Rosh HaShanah of the Sabbatical year. Usually, it takes two weeks [for a plant] to take root.
This is forbidden at all times, because of the impression that might be created, lest an observer think that they were planted in the Sabbatical year.31 Thus if a person planted, grafted, or extended [a tree of vine] in the sixth year, 44 days before Rosh HaShanah, he is allowed to maintain it. If he did so for a lesser time, he must uproot it. If he did not uproot it, however, the fruit it produces is permitted. If he dies before he uprooted it, we obligate the heir to uproot it.32
FOOTNOTES
1.
I.e., a tradition conveyed by the Oral Law, for which there is no explicit reference in the Written Law.
2.
The Rabbis debate whether this prohibition applies to work with the land alone or also to work with trees. See Halachah 9 and notes.
3.
In his Commentary to the Mishnah (Sh'vi'it1:1), the Rambam explains that Rabban Gamliel released this prohibition after the destruction of the Temple, because he maintained that the prohibition applied only when the Temple was standing.
4.
Which is allowed to be plowed until Shavuot.
5.
I.e., 50 cubits by 50 cubits.
6.
I.e., we estimate whether a fig tree with dimensions similar to this tree would produce 60 maneh of figs.
7.
A maneh is one pound in contemporary measure (Shiurei Torah, p. 118). Rav Kehati (Sh'vi'it 1:2) considers it to be 400 grams, a slightly smaller measure.
8.
Our Sages determined this to be four cubits. The rationale is that if they are grouped closer together the cattle will uproot them when trying to pass. See Bava Batra 83a.
9.
Although the one tree produced the amount required of the entire orchard, since the other trees are not fit to produce any produce at all, they are not considered significant.
10.
The Rambam interprets this as referring to a situation where all the trees together are fit to produce 60 maneh, although some individual trees are not fit to produce a significant amount. The Ra'avad offers a different interpretation of Sh'vi'it 1:3, the Rambam's source. Rabbenu Shimshon also interprets the mishnah in that manner and the Radbaz and the Kessef Mishneh agree that, at first glance, their interpretation fits the wording of the mishnah more easily than the Rambam's.
11.
For even if they are not fit to produce fruit, such a large amount of trees is significant.
12.
Saplings that were recently planted [the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6)]. See also Halachah 7.
13.
Since they are saplings, they do not derive nurture from as wide an area as mature trees with longer roots do. Hence unless the saplings are spread out, this leniency is not granted (Radbaz).
14.
More leniency is granted with regard to the saplings, because they need greater care (ibid.).
15.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6).
16.
For they will not derive nurture from the entire field and it would appear that one is plowing the field for its own sake (Radbaz,Kessef Mishneh).
17.
In his Commentary to the Mishnah (ibid.:7), the Rambam quotes the Jerusalem Talmud which states that this applies only to a Greek squash plant which is large like a tree. The Radbaz states that the majority of the ten must be saplings.
18.
This is Rabbi Akiva's opinion in (Sh'vi'it 1:8). Others maintain it is given that status until three years (or seven) years have passed.
19.
In his Commentary to the Mishnah (ibid.), the Rambam states that this view is accepted, because it is supported by aTosefta. The commentaries have questioned which Tosefta the Rambam is referring to.
The Rambam's ruling has also attracted attention, because it appears to contradict his ruling in Hilchot Ma'aser Sheni 10:13 which states: "When a tree was cut down from above the earth and [a new tree grew from its roots], the prohibition of orlahapplies." The implication there is that as long as the stump of the tree is above the earth, the laws of orlah do not apply. Only when it is cut down from below the earth is it considered like a new tree. Here, by contrast, even a handbreadth above the ground is considered as an existing tree.
The rationale for the distinction can be explained as follows: In this context, we follow the figures of speech employed by people at large. As long as the stump is within a handbreadth of the ground, people will consider any new growth as a new entity. When, by contrast, the stump is more than a handbreadth, it is significant and any new growth is considered as an extension of the existing plant (Rav Yosef Korcus).
20.
Halachah 1.
21.
These and the following activities are forbidden in the Sabbitical year itself only by virtue of Rabbinic decree. Our Sages were not overly stringent and did not enforce these prohibitions in the months preceding the Sabbatical year.
22.
For hoeing is not plowing.
23.
Our translation for these and the following terms are derived from the Rambam's Commentary to the Mishnah (Sh'vi'it 2:1-5). Many of the activities mentioned were described in Chapter 1, Halachah 5, and notes.
The Tosafot Yom Tov(Sh'vi'it 2:2) explains that this leniency was granted in gardens where these plants grow and not in fields at large, because in the instance of these plants, the hoeing benefits the plants directly and not merely the field.
24.
The first clause dealt with work with the land that is permitted in the latter months of the sixth year. This clause mentions work with trees. From this halachah it appears that the prohibition conveyed as a halachah to Moses at Sinai mentioned in Halachah 1 does not apply to work with trees.
25.
To protect them from rain or sun.
26.
Note Rav Kappach's edition of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:5) which states that the text of that source also reflects this ruling. (He maintains that there is a printing error in the standard published text of that source. According to his view, the Rambam did not reverse his opinion regarding this law as some maintain.)
27.
Even though the fruit reaches a third of its growth before the Sabbatical year begins or does not reach that point of growth until after the the Sabbatical year ends, this restriction is still applied, because of the impression the performance of these tasks will create.
28.
I.e., it might appear that the steps are being built so that a person will be able to descend and irrigate his fields in the valley in the Sabbatical year.
29.
I.e., replant the head of a vine or the trunk of a tree in the ground so that it will develop new roots and another source of nurture. Thus new growths will emerge from it [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:6)].
30.
Our translation is taken from the above source.
31.
Rabbi Akiva Eiger explains the basis for such a supposition. If the tree is not planted before 44 days preceding the new year, we count the beginning of its orlah years from Rosh HaShanah (Hilchot Ma'aser Sheni9:10). Thus it will be considered halachically as if the tree was planted in the Sabbatical year.
32.
I.e., the heir must also help prevent the misimpression from being created. For this reason, the leniency shown in Chapter 1, Halachah 13, is not shown here.
---------------------
• 3 Chapters: Issurei Biah Issurei Biah - Chapter Twelve, Issurei Biah Issurei Biah - Chapter Thirteen, Issurei Biah Issurei Biah - Chapter Fourteen • English Text | Hebrew Text | Audio: Listen | Download• Issurei Biah - Chapter Twelve
Audio: Listen | Download• Issurei Biah - Chapter Twelve
Halacha 1
When a Jew engages in relations with a woman from other nations, [taking her] as his wife or a Jewess engages in relations with a non-Jew as his wife, they are punished by lashes, according to Scriptural Law.1 As [Deuteronomy 7:3] states: "You shall not intermarry with them. Do not give your daughter to his son, and do not take his daughter for your son."
This prohibition applies equally to [individuals from] the seven [Canaanite] nations and all other gentiles.2 This was explicitly stated in Ezra3 [Nechemiah 10:31]: "That we will not give our daughters to the gentiles in the land and that we will not take their daughters for our sons."
Halacha 2
The Scriptural prohibition applies only to marital relations.4 When, by contrast, one engages in relations with a gentile woman with a licentious intent, he is given "stripes for rebellious conduct" according to Rabbinic Law. [This is a] decree, lest this lead to marriage.
If [a Jew] designates [a gentile woman] for licentious relations, he is liable for relations with a niddah, a maid-servant, a gentile woman, and a licentious woman.5 If he did not designate her for himself, but instead, [engage in relations with her] spontaneously, he is only liable for relations with a gentile woman. All of these liabilities are Rabbinic in origin.6
Halacha 3
When does the above apply? When the man who engaged in relations was an Israelite. If, however, a priest engages in relations with a gentile woman, he is liable for lashes according to Scriptural Law, because of the prohibition against relations with a zonah.7 [This prohibition applies] both to a non-Jewishzonah and a Jewish one. He receives lashes for relations alone, for he cannot consecrate her.8
Halacha 4
Whenever a man has relations with a gentile woman in public, i.e., the relations are carried out in the presence of ten or more Jews, if a zealous person strikes him and kills him, he is considered praiseworthy and ardent.9[This applies whether the relations were] in the context of marriage or licentious in nature. This matter is a halachah conveyed to Moshe at Sinai.10Support for this can be derived from Pinchas' slaying of Zimri.11
Halacha 5
The zealous person can strike [the fornicators] only at the time of relations, as was the case with regard to Zimri, as [Numbers 25:8] states: "[He pierced]ו the woman into her stomach."12 If, however, [the transgressor] withdraws,13he should not be slain. Indeed, if [the zealous person] slays him, he may be executed [as a murderer].14
If the zealous person comes to ask permission from the court to slay him, they do not instruct him [to],15 even if this takes place at the time [of relations]. Not only that, if the zealous person comes to kill the transgressor and he withdraws and kills the zealous person in order to save himself, the transgressor is not executed for killing him.16
When a Jew has relations with the daughter of a resident alien,17 the zealous may not strike him. [The transgressor] should, however, be given stripes for rebellious conduct.
Halacha 6
If the zealous did not strike him, nor did he receive stripes from the court,18his punishment is explicitly stated in the words of the prophetic tradition. He is liable for kerat,19 as [Malachi 2:11-12] states: "Judah desecrated that which is sacred to God, [by] loving and engaging in relations with the daughter of a foreign god. May God cut off from a man who does this any progeny and descendant." [Implied is]20 that if he is an Israelite, he will not have progeny among the wise who will raise issues, nor a descendant among the scholars who will respond. If he is a priest, he will not have [a descendant] who "presents an offering to the Lord of Hosts." Thus you have learned that a person who shares intimacy with a gentile woman is considered as if he married a false deity, as the verse states: "engaging in relations with the daughter of a foreign god." And he is called one who "desecrated that which is sacred to God."
Halacha 7
Although this transgression is not punishable by execution by the court, it should not be regarded lightly, for it leads to a detriment that has no parallel among all the other forbidden sexual relations. For a child conceived from any other forbidden sexual union, is [the father's] son with regard to all matters and is considered a member of the Jewish people, even if he is a mamzer.21A son conceived by a gentile woman, by contrast, is not considered his son. [This is derived from Deuteronomy 7:4:] "For he shall sway your son away from following Me." She turns him away from being one of those who follow God.
Halacha 8
This matter causes one to cling to the gentile nations from whom the Holy One, blessed be He, has separated us, and to turn away from following God and to betray Him.
Halacha 9
When a gentile engages in relations with a Jewish woman, if she is married, he should be executed.22 If she is single, he is not executed.
Halacha 10
If, by contrast, a Jewish male enters into relations with a gentile woman, when he does so intentionally, she should be executed.23 She is executed because she caused a Jew to be involved in an unseemly transgression, as [is the law with regard to] an animal.24 [This applies regardless of] whether the gentile women was a minor of three years of age,25 or an adult, whether she was single or married. And it applies even if [the Jew] was a minor of nine years old, [she is executed].26
This [punishment] is explicitly mentioned in the Torah, as [Numbers 31:16-17] states: "Behold they were [involved] with the children of Israel according to the advice of Balaamו.27 Execute any woman fit to know a man through lying with a male."
Halacha 11
Servants that have been immersed for the sake of servitude and accepted the mitzvot in which servants are obligated,28 have departed from the category of gentiles, but have yet to enter the category of Jews. For this reason, a maidservant is forbidden29 to a free Jew. [This applies to] both one's own maid-servant and a maid-servant belonging to a colleague.
When a person enters into relations with a maid-servant, he should be given stripes for rebellious conduct as prescribed by the Rabbis.30 [It is obvious that a Scriptural prohibition is not involved,] for it is explicitly stated in the Torah that a master may give a Hebrew servant a Canaanite maid-servant31 [for the sake of relations]32 and that she is permitted to him, as [Exodus 21:4] states: "If his master will give him a wife."
Halacha 12
Halacha 13
This transgression should not be light in one's eyes, because it does not involve lashes according to Scriptural Law. For this [act] also causes the son to be turned away from following God. For a son born of a maid-servant is a servant and is not a [full] member of Israel. Thus he causes [Israel's] holy seed to be profaned and produce servants. Behold Onkelos the translator35included relations with a servant and a maid-servant in [the prohibitions,Deuteronomy 23:18]: "There shall not be a promiscuous manו and there shall not be a promiscuous woman."36
Halacha 14
When a person engages in relations with a maid-servant, even in public, a zealous person may not strike him, not even at the time of the transgression.37Similarly, if one marries a maid-servant,38 he does not receive lashes according to Scriptural Law. For from the time she immersed and accepted the mitzvot, she departed from the category of gentiles.
Halacha 15
If [the identity of] a Jewish child becomes confused with that of the child of a maid-servant, the status of both [children] is doubtful.39 Each of them is considered as possibly a servant. [Hence] we compel the owner of the maid-servant to free them both.40 If [the owner died and] the son [whose identity was confused] is the [only] son of the servant's master, when they come of age, they should free each other.41 Then they will be permitted to marry within the Jewish people.
Halacha 16
If the children whose identities were confused were female, they are both considered as possibly a maid-servant. If a person enters into relations with either of them, the offspring is considered as a servant because of the doubt.42
Similarly, if the identity of a gentile child becomes confused with that of a Jewish child, we immerse both of them as converts and they are both considered as possibly a convert.43
Halacha 17
Whenever any of the gentiles convert and accept all of the mitzvot in the Torah44 or a servant is freed,45 they are considered as Jews with regard to all matters,46 as [Numbers 15:15] states: "For the community: there will be one law [for you and the convert]." A convert may marry within the Jewish community immediately, i.e., a male convert or freed servant may marry a native-born Jewess and an Israelite47 may marry a female convert or a freed maid-servant.
There are four nations from which [converts] are exceptions: Ammon, Moab, Egypt, and Edom. When a person from one of these nations converts, he is like an Israelite with regard to all matters with the exception of marriage within the Jewish community.
Halacha 18
What are the laws that apply to them [in that context]? It is forbidden to marry an Ammonite and a Moabite forever. This applies to the males and not the females,48 as [Deuteronomy 23:4] states: "An Ammonite and a Moabite shall not enter the congregation of God." It is a halachah transmitted to Moses at Sinai that it is a male Ammonite and a male Moabite who are forbidden to marry a native-born Israelite forever,49 [including] even their son's grandson forever. An Ammonite woman and a Moabite woman are, by contrast, permitted immediately50 as are [converts] from other nations.
Halacha 19
An Egyptian and an Edomite convert - both a male and a female - are forbidden to marry among the Jewish people for the first and second generations. The third generation, however, is permitted, as [ibid.:9] states: "Children who are born to them [may enter the congregation of God in the third generation]."
Halacha 20
When a female Egyptian converts while she is pregnant, her son is considered a second [generation Egyptian convert]. When a second [generation] Egyptian male [convert] marries a first [generation] Egyptian female [convert] or a first [generation] Egyptian male [convert] marries a second [generation] Egyptian female [convert], the child is considered a second generation [convert].51 [This is derived from the phrase]: "Children who are born to them."52 The verse made the matter dependent on birth.
Halacha 21
When a male Ammonite convert marries a female Egyptian,53 the offspring are considered as Ammonites.54 When a male Egyptian convert marries a female Ammonite, the offspring are considered as Egyptians.55 This is the general principle: Among gentiles, the identity [of the offspring] is determined by the male. Once they convert, [the offspring] is given the identity that is of the lowest status.
Halacha 22
A person from the seven [Canaanite] nations who converts is not forbidden to marry among the Jewish people according to Scriptural Law.56 It is known that of them, only the Gibeonites converted.57 Joshua decreed that they be forbidden to marry among the Jewish people,58 both males and females.
He instituted this prohibition only during the time a Sanctuary is standing, as [Joshua 9:23] states: "[You shall be] wood-choppers and water-drawers for the house of my God." He made their ban dependent on the Sanctuary.
Halacha 23
They are called Netinim, "the designated ones," for they were designated for the service in the Sanctuary. David came and decreed that they should never be allowed to marry among the Jewish people, even at a time when the Sanctuary is no longer standing. This is explicitly stated in Ezra [8:20]: "From the Netinim whom David and the officers designated for the service of the Levites." From this, we see that he did not make the matter dependent on the Sanctuary.59
Halacha 24
Why did David and his court pass this decree against them? Because he saw that they were characterized by brazenness and cruelty. For they asked to kill and hang the seven sons of Saul, God's chosen one,60 and they did not have mercy upon them.
Halacha 25
When Sannecherib, King of Assyria, arose, he confused the identity of all the nations, mixing them together, and exiling them from their place.61 The Egyptians that live in the land of Egypt at present are of other nationalities. This also applies with regard to the Edomites in the field of Edom.
Since these four forbidden nations became intermingled with all the nations of the world [with] whom it is permitted [to marry once they convert], all [converts] are permitted. For when anyone of them separates himself [from them by] converting, we operate under the presumption that he became separate from the majority.62 Therefore in the present age, in all places, whenever a convert converts, whether he be an Edomite, an Egyptian, an Ammonite, a Moabite, a Kushite, or from any of the other nations, whether male or female, he or she is permitted to marry among the Jewish people immediately.63
FOOTNOTES
1.
Licentious relations with a gentile man or woman are not included in the scope of this Scriptural prohibition, as stated in the following halachah.
2.
Although the verse the Rambam cites as a prooftext refers to the seven Canaanite nations, all other gentiles are also included as reflected by the verse from Nechemiah.
The Tur (Even HaEzer 16) differs with the Rambam, explaining that the verse should be understood within its limited context, referring only to the seven nations. (The Rambam's opinion has a source in theSheiltot D'Rabbenu Achai Gaon, while that of the Tur is found in the Sefer Mitzvot Gadol) The crux of the difference is the exegesis of the continuation of the verse cited by the Rambam: "For he shall sway your son away." Kiddushin 68b quotes Rabbi Shimon as focusing on the motivating rationale for the verse and thus including all those who might sway a person's heart. Thus it refers to all gentiles. The Sages, however, do not accept this perspective.
3.
Although the verse is contained in the Book of Nechemiah, the Rambam considers Ezra and Nechemiah as one book. See Hilchot Sefer Torah 7:15. Similarly, Sanhedrin 93b states that none of the books of the Tanachare named after Nechemiah.
The verse cited by the Rambam is part of the oath taken by the people to remain true to their faith upon their return to Zion. At that time, the gentiles living in the land were not Canaanites.
4.
The Tur, loc. cit., differs with the Rambam concerning this point as well, stating that there is no concept of marriage between a Jew and non-Jew.
5.
This was a decree passed by the court of the Hasmoneans when they saw that the Jews were sharing intimacy with Greek women (Avodah Zarah 36b). The transgressor is given stripes several times, once for each of the Rabbinic prohibitions he ignored.
6.
According to Scriptural Law, if a Jew engages in relations with a gentile woman in public "the zealous may strike him," as stated in Halachah 4. The Hasmoneon's decree, however, applies even when relations were carried out in private.
7.
The term zonah is generally translated as "prostitute." It has, however, a precise halachic definition, as stated in Chapter 18, Halachah 1.
8.
Note the contrast to the laws applying to a Jewish zonah, as mentioned in Chapter 17, Halachah 2.
9.
The Ra'avad rules that the zealous person must warn the transgressor before striking him. The Maggid Mishneh states that the concept of a warning is relevant only with regard to execution by the court and not to the independent actions taken by a zealous person. The Rama (Choshen Mishpat425:4) quotes the Ra'avad's view.
10.
I.e., a law which is not commanded by the Written Torah, yet communicated by the Oral Tradition.
11.
As Numbers, ch. 25 relates, the Jews began worshiping idols, because they were lured to by Midianite women. Enraged Moses commanded that the worshipers be executed. Zimri, the prince of the tribe of Shimon, took a Midianite woman and confronted Moses, engaging in relations before him. When Pinchas saw this, he slew Zimri, giving expression to the law mentioned by the Rambam.
12.
Our Sages relate that Pinchas' javelin went through Zimri's back and into her gut, killing them both in the midst of relations.
13.
Even if he transgressed already.
14.
Needless to say, a warning must be given and two acceptable witnesses must observe the slaying.
15.
The initiative to slay the transgressor must be totally that of the zealous person. For the court has no obligation - and there no license - to exact such punishment.
16.
For the zealous person is considered as arodef, pursuer, whom the intended victim has the right to slay, as stated in Hilchot Rotzeach, ch. 1.
17.
As explained in Chapter 14, Halachah 7, this refers to a non-Jew who accepted the seven universal laws commanded to Noah and his descendants. In his Commentary to the Mishnah (Sanhedrin 9:6), the Rambam states that the woman herself - not only her father - must not be an idolater.
18.
The Maggid Mishneh writes that if he was given "stripes for rebellious conduct" by the court, he is no longer liable for kereit. Our Sages (Makkot 23b) state a similar concept with regard to a person who receives lashes for the violation of a Scriptural prohibition. The Rambam extends the idea to include a person who is punished on the basis of Rabbinic decree.
19.
This applies even if relations are conducted in private.
20.
As interpreted by Yevamot 22b, 23a.
21.
Indeed, Horiot 13a states that a mamzerwho is a scholar receives precedence over a High Priest who is unlearned.
22.
For the gentiles are prohibited against adultery.
23.
Note the gloss of the Maggid Mishneh who questions the source for the Rambam's ruling, arguing that the passage from Numbers cannot be interpreted as definitive proof.
24.
See Chapter 1, Halachot 16-18.
25.
If, however, she is younger than three, the relations are not considered significant.
26.
From that age onward, sexual relations in which he engages are significant, as stated in Chapter 1, Halachah 13.
27.
Who advised the Midianites and the Moabites to have their women seduce Jewish men to provoke God's wrath.
28.
See Chapter 14, Halachah 9.
29.
I.e., the prohibition is Rabbinic in origin, as indicated by the conclusion of this halachah and the following halachot.
30.
And not lashes, as is the punishment for the violation of a Scriptural commandment.
31.
Were there to be a Scriptural prohibition involved, it would not be relaxed in the case of a servant.
32.
So that the offspring will be the master's.
33.
Forbidding such relations to a Hebrew servant (Ma'aseh Rokeach).
34.
Chapter 3, Halachah 13.
35.
Who composed the standard Aramaic translation of the Torah.
36.
The Rambam does not fully accept the view of Onkelos. For Onkelos defines the scope of the Biblical prohibition as including these relations and the Rambam does not, as evident from the fact that the Rambam does not considered these relations as punishable by lashes. (The Rambam also has a different conception of the prohibition of relations with "a promiscuous woman"; seeHilchot Ishut 1:4.) Nevertheless, the Rambam uses the view of Onkelos as support for his condemnation of this act (Mayim Chayim; see also Beit Shmuel 16:6).
37.
In contrast to relations with a gentile woman (Halachah 4).
38.
In contrast to marriage to a gentile woman (Halachah 1).
39.
When explaining this possibility the Talmud gives the example of women who gave birth together in a cave. Today, unfortunately, such confusion has happened in hospitals.
40.
Otherwise, because of the doubt, neither of the children would be able to marry. They could not marry a Jewess, for perhaps they were servants, nor a maid-servant, for perhaps they were Jews (compare toHilchot Avadim 7:7).
41.
Since we do not know which is the servant and which is the master, they must both free each other. And thus the servant will certainly have been freed by the master.
Before they reach adulthood, however, it is impossible for one to free the other, because a minor may not free a servant.
42.
In this instance, the Rambam does not say that the owner must free the offspring, because there is no obligation for a woman to marry and bear children. Compare toHilchot Avadim, loc. cit.; see Maggid Mishneh, Beit Shmuel 16:7. The master may not, however, compel either of them to work. For they both can require him to prove his claims.
43.
Thus they are forbidden to marry a priest, as stated in Chapter 18, Halachah 3 (Maggid Mishneh).
44.
As described in Chapter 13.
45.
At which time his conversion process is completed.
46.
I.e., there is no difference between a convert and a native Israelite with regard to any matter of Jewish observance.
47.
But not a priest (Maaseh Rokeach).
48.
The rationale for this leniency is explained as follows. The Torah explains the reason for this prohibition: "Because of the fact that they did not greet you with bread and water on the way." Now it is not appropriate for women to greet travelers with food. Hence, since the sin does not apply with regard to women - the consequence of it - the prohibition against marrying into the Jewish people also does not apply with regard to them.
49.
They may, however, marry women who converted to Judaism or freed maid-servants. Shaar HaMelech also states that these individuals may even marry maid-servants who were not yet freed.
50.
Indeed, Ruth the maternal ancestor of King David - and ultimately of Mashiach - was a female Moabite convert. Initially, and indeed for several generations, there were questions whether she and her descendants were allowed to marry within the Jewish. Ultimately, however, the ruling stated by the Rambam was accepted throughout the Jewish community. See Yevamot 76b.
51.
Rashi differs and maintains that the child's status depends on that of its mother. Thus if the mother is a second generation Egyptian convert, the child is a third generation convert and is permitted. The Shulchan Aruch (Even HaEzer 4:4) quotes both views.
52.
The Maggid Mishneh explains that the intent is that everyone knows that birth involves both a man and a woman. Hence the child must be the third generation from both of the male and the female.
53.
Who has converted.
54.
The Maggid Mishneh refers to Yevamot 78b and maintains that this ruling applies only when the offspring are male. If they are female, they are not considered as Ammonites (and hence, permitted). Instead, they are considered as Egyptian and forbidden for three generations, i.e., we follow the greater blemish. This view is quoted by the Shulchan Aruch (Even HaEzer 4:7).
55.
This also can be considered as applying only when the offspring are male. If they are female, some opinions considered them as permitted (as a female Ammonite) and others as Egyptian [Rama (Even HaEzer, loc. cit.)].
56.
This ruling depends on the Rambam's interpretation of the prohibition: "You shall not intermarry with them" mentioned at the beginning of the chapter. As explained, according to the Rambam, the verse applies to all gentiles, not only Canaanites, and only before they convert. Once they convert, all gentiles - except the four nations mentioned in the previous halachot - may marry freely among the Jewish people.
The other authorities, by contrast, maintain that the prohibition applies to the Canaanite nations alone and after conversion. Otherwise, they maintain, it is unnecessary, for there is no concept of marriage between a Jew and a non-Jew.
57.
Note Joshua, ch. 9, which relates how the Gibeonites deceived the Jewish people and established a covenant with them.
58.
Because of the deception they perpetrated.
59.
For the narrative in Ezra speaks of a time when the Temple had already been destroyed.
60.
As related in II Samuel, ch. 21, there was a famine for three years in Eretz Yisrael. Through prophetic vision, David learned that the reason for the famine was Saul's oppression of the Gibeonites (exactly what Saul did to oppress them is a matter of discussion among the Rabbis). David asked the Gibeonites what they desired to be appeased for this oppression. They answered that they wanted to slay seven of his descendants. David handed over seven of Saul's descendants to them and they hung them and left their corpses on the gallows. For this act of cruelty, David decreed that they should never marry among the Jewish people. For Israel should be characterized by kindness and mercy. See Chapter 19, Halachah 17, which further develops this theme.
61.
I.e., in order to thwart the possibility of local peoples organizing rebellions against him, Sannecherib destroyed the national identity of people by exiling them from their native lands and forcing them to intermingle with other peoples.
62.
This principle applies in many instances when forbidden and permitted substances or individuals become mixed together. See for example, Yoma 84b, Zevachim 73a,b.
63.
The Shulchan Aruch (Even HaEzer 4:10) quotes this ruling, but states that according to the opinion of Rabbenu Asher, Sannecherib did not succeed in erasing the identity of the Egyptians and the prohibition against marrying their converts still applies.
Issurei Biah - Chapter Thirteen
Halacha 1
Israel entered the covenant [with God]1 with three acts: circumcision, immersion, and offering a sacrifice.
Halacha 2
Circumcision took place in Egypt, [before the Paschal sacrifice, of whichExodus 12:48] says: "No uncircumcised person shall partake of it." Moses our teacher circumcised [the people]. For with the exception of the tribe of Levi, the entire [people] neglected the covenant of circumcision in Egypt.2Regarding this, [Deuteronomy 33:9 praises the Levites,] saying: "They upheld Your covenant."
Halacha 3
Immersion was performed in the desert before the Giving of the Torah, as [Exodus 19:10] states: "Sanctify them today and tomorrow, and have them wash their garments." Sacrifices [were also offered then], as [ibid. 24:5] states: "And he sent out the youth of the children of Israel and they brought burnt offerings." They offered them as agents of the entire Jewish people.
Halacha 4
Similarly, for [all] future generations, when a gentile desires to enter into the covenant, take shelter under the wings of the Divine presence, and accept the yoke of the Torah,3 he must undergo circumcision,4 immersion, and the offering of a sacrifice. A woman [who converts] must undergo immersion and bring a sacrifice, as [Numbers 15:15] states: "As it is for you, so shall it be for the convert." Just as you [entered the covenant] with circumcision, immersion, and the offering of a sacrifice; so, too, for future generations, a convert must undergo circumcision, immersion, and must bring a sacrifice.
Halacha 5
What is the sacrifice that a convert [is required to bring]? A burnt offering of an animal or two turtle-doves or two fledging doves. Both of [the doves] must be brought as burnt offerings.5 In the present age, when there are no sacrifices,6[a convert] must undergo circumcision and immersion.7 When the Temple is rebuilt, he must bring a sacrifice.8
Halacha 6
When a convert is circumcised, but does not immerse himself, or immerses himself, but was not circumcised, he is not considered a convert until he perform both of these activities. He must immerse himself in the presence of three men.9 Since a court is required, he may not immerse on the Sabbath or on festivals, or during the night.10 If, however, they had him immerse [at night], he is a convert.11
Halacha 7
We immerse a minor who seeks to convert based upon the guidance of the court.12 For it is an advantage for a person [to convert].13 When a pregnant woman converts and immerses herself, her child does not require immersion.14
When [a convert] immerses himself alone and converts alone - or even if he does this in the presence of two persons15 - his conversion is not valid.16 If he comes and says: "I converted in the court of so-and-so and they had me immerse," his word is not accepted with regard to license to marry among the Jewish people17 unless he brings witnesses [who testify to the truth of his statements].
Halacha 8
[The following rules apply if] he was married to a native-born Jewess or a convert and he already fathered children. If he says: "I converted alone," his word is accepted with regard to the disqualification of his self,18 but not with regard to the disqualification of his children.19 He must immerse himself again in the presence of a court.20
Halacha 9
[The following laws apply with regard to] a female convert who we see conduct herself according to the ways of Israel at all times, for example, she immerses herself after being a niddah,21 she separates terumah from dough, or the like, and to a male convert who follows the paths of Israel, for example, he immerses himself after a seminal emission, and performs all the mitzvot. These are considered as righteous converts even though there are no witnesses to testify before whom they converted. Nevertheless, if they come to marry among the Jewish people, we do not allow them unless they bring witnesses or they immerse themselves in our presence. The rationale is that their identity was originally established as gentiles.
Halacha 10
If, however, a person comes and says that he was a gentile, but that he was converted by a court, his word is accepted. [The rationale is that] the mouth that forbade him was the same that permitted him.22
When does the above apply? In Eretz Yisrael in the Talmudic era. For [at that time,] all the people there could be assumed to be Jewish. In the Diaspora, however, he must bring proof of his conversion.23 [Only] afterwards may he marry a Jewess. I say that this is an additional stringency adopted to protect the purity of our lineage.
Halacha 11
Just as we circumcise and immerse converts; so, too, we circumcise and immerse servants which are acquired from the gentiles for the sake of servitude.24
When a person acquires a servant from the gentiles and the gentile takes the initiative and immerses with the intent of becoming a free man, he acquires his own person,25 provided he says while immersing: "Behold I am immersing before you for the sake of conversion." If he immerses himself in the presence of his master, he does not have to make an explicit statement.26 Instead, since he immersed himself, he attains his freedom.27
For this reason, [when having the servant immerse,] the master must push him into the water28 until he arises at which time he is in his servitude. He must tell him that he is having him immerse for the sake of servitude in the presence of the judges. A servant must also immerse only in the presence of three judges and during the day as a convert, for it is a partial conversion.
Halacha 12
When a servant is freed, he must immerse himself a second time29in the presence of three men during the day,30 for through this act, his conversion is completed and [his status] becomes that of a Jew. It is not necessary for him to accept the mitzvot and [for the judges] to inform him of the fundamentals of the faith, for they already informed him when he immersed himself for the sake of servitude.31
Halacha 13
Converts, servants, and freed servants must be immersed in a mikveh that is acceptable for a niddah to immerse in. All of the substances that [disqualify her immersion because] they intervene [between the water and her flesh] disqualify the immersions, of converts, servants, and freed servants.32
Halacha 14
One should not think that Samson who saved the Jewish people, and Solomon King of Israel, who is called "the friend of God,"33 married gentile woman who did not convert. Instead, the matter can be explained as follows: The proper way of performing the mitzvah is when a male or a female prospective convert comes, we inspect his motives for conversion. Perhaps he is coming for the sake of financial gain, in order to receive a position of authority,34 or he desires to enter our faith because of fear. For a man, we check whether he focused his attention on a Jewish woman. For a woman, we check whether she focused her attention on a Jewish youth.
If we find no ulterior motive, we inform them of the heaviness of the yoke of the Torah and the difficulty the common people have in observing it so that they will abandon [their desire].35 If they accept [this introduction] and do not abandon their resolve and thus we see that they are motivated by love, we accept them, as [indicated by Ruth 1:18]: "And she saw that she was exerting herself to continue with her and she ceased speaking with her."36
Halacha 15
For this reason,37 the court did not accept converts throughout the reign of David and Solomon. In David's time, [they feared] that they sought to convert because of fear and in Solomon's time, [they feared] that they were motivated by the sovereignty, prosperity, and eminence which Israel enjoyed. [They refrained from accepting such converts, because] a gentile who seeks to convert because of the vanities of this [material] world is not a righteous convert.
Nevertheless, there were many people who converted in the presence of ordinary people38 during the era of David and Solomon. The SupremeSanhedrin would view them with skepticism. Since they immersed themselves, they would not reject them, but they would not draw them close until they saw what the outcome would be.39
Halacha 16
Solomon converted women and married them and similarly, Samson converted [women] and married [them]. It is well known that they converted only because of an ulterior motive and that their conversion was not under the guidance of the court. Hence the Tanach40 considered it as if they were gentiles and remained forbidden. Moreover, their conduct ultimately revealed their initial intent. For they would worship their false deities and build platforms for them. Therefore the Scriptures considered it as if [Solomon] built them, as [I Kings 11:7] states: "And then, Solomon built a platform."
Halacha 17
When a court did not check a [potential] converts background and did not inform him of the mitzvot41 and the punishment for [the failure to observe] the mitzvot and he circumcised himself and immersed in the presence of three ordinary people, he is a convert. Even if it is discovered that he converted for an ulterior motive, since he circumcised himself and converted, he has departed from the category of gentiles and we view him with skepticism until his righteousness is revealed.
Even if afterwards, [the convert] worships false deities, he is like an apostate Jew. [If he] consecrates [a woman,] the consecration is valid,42 and it is a mitzvah to return his lost object.43 For since he immersed himself he became a Jew. For this reason,44Samson and Solomon maintained their wives even though their inner feelings45 were revealed.
Halacha 18
For this reason, our Sages said:46 "Converts are as difficult for the Jewish people to bear as a leprous blemish." For most converts revert for some reason or other and cause Jews to stray. It is difficult to separate from them once they have converted. Look at what happened in the desert at the worship of the Golden Calf and Kivrot HaTa'avah.47 Similarly, most of [the complaints in the instances when] our people tried God were instigated by the mixed multitude.
FOOTNOTES
1.
Tosafot, Keritot 9a, refer to this as the covenant which separated the Jews from the other nations. The Rambam is emphasizing that all of these acts where performed in preparation for the Giving of the Torah when the covenant took effect.
2.
See Hilchot Avodat Kochavim 1:3 which describes the extent of the Jews' assimilation in Egypt.
3.
Implied is that together with these ritual acts, the gentile must also accept the yoke of Jewish observance. As Shulchan Aruch(Yoreh De'ah 268:3) emphasizes this is a fundamental element of the conversion process.
4.
If he had been circumcised as a gentile, a small amount of blood must be drawn from him for the sake of conversion [Chapter 14, Halachah 5; Shulchan Aruch (Yoreh De'ah268:1)].
5.
In contrast to other situations when a pair of such doves are offered and one is brought as a burnt offering and one as a sin offering.
6.
For the Temple is destroyed.
7.
The Rambam mentions the two acts in the desired order: circumcision and then, immersion. Nevertheless, if a convert immerses before circumcision, there is a difference of opinion among the later Rabbis if the immersion is acceptable or not [Rama (Yoreh De'ah 268:1)]. Hence he should immerse again because of the doubt (Siftei Cohen 268:2).
8.
Yevamot 46a quotes an opinion which requires the convert to actually set aside the money. The Talmud's conclusion, however, is that it would be undesirable to do so, lest the funds be used for other purposes which is a transgression.
It must be emphasized that even before the convert brings a sacrifice, he is considered as a full-fledged member of the Jewish people.
9.
Numbers 15:16 states: "There will be one judgment for you and the convert." Since the verse uses the term judgment, Yevamot 46b states that like in a judgment, three judges are necessary.
There are opinions that emphasize that this is merely an asmachta, a Rabbinic ruling that uses a Biblical verse as a support.Kin'at Eliyahuexplains the rationale for this view. Were the concept to have its source in Scriptural Law, judges possessingsemichah, the unique ordination that ceased in the Talmudic era, would be required and thus it would be impossible to accept converts in the present age.
10.
For a court does not hold sessions at these times. Another reason why the immersion should not be performed at this time is that it amends the person's state, and that is not permitted on the Sabbath. Nevertheless, the Rambam considers the first rationale of primary importance (Kessef Mishneh).
11.
The Rashba explains that a legal case that is begun during the day may be completed at night. Hence, the convert's immersion may also be accepted at night.
12.
Conversion, a change in status, must be brought about through a conscious decision by the convert. A minor is not considered as able to make mature decisions and is not held responsible for his conduct. Therefore he cannot make the decision to convert. Nevertheless, the Jewish court makes this decision on his behalf.
The converted child, however, has the option of refuting the conversion when he comes of age. If he protests his conversion at that time, he is considered a gentile and need not observe the mitzvot. If, however, he accepts his conversion when he comes of age, but regrets afterwards, he is bound by his original decision.
13.
A person cannot act on another person's behalf unless it is considered to his benefit, but our Sages consider becoming part of the Jewish people a benefit sufficient enough to justify their actions. The Maggid Mishnehexplains that although the Torah and its mitzvot compel a person to restrain his conduct, as long as he is young and has not become habituated to forbidden conduct, he will be able to accommodate himself to the Torah's guidelines.
14.
For the fetus is considered as part of her body and her immersion is sufficient for the fetus as well.
15.
For two people do not constitute a court (Hilchot Sanhedrin 2:10).
16.
For as mentioned in the previous halachah, three judges must be present.
The Rambam's perspective is not accepted by all authorities. Rabbenu Asher maintains that the requirement applies only at the outset. After the fact, even if a gentile circumcised himself and immersed on his own, the immersion is acceptable, provided he accepted the mitzvot in the presence of three Jews. The Shulchan Aruch (Yoreh De'ah 268:3) mentions both opinions, but appears to favor that of Rabbenu Asher.
17.
As indicated by Halachah 10, this refers to a situation where previously, we know that the person was a gentile. If not, different laws apply. In all instances, the person must observe the mitzvot because of his statements. We, however, do not rely on his word alone with regard to marriage.
18.
And he is not allowed to continue living with his wife until he performs the conversion rites again.
The Siftei Cohen 268:22 quotes Rabbenu Asher who rules that his statements are of no consequence whatsoever. For example, if he enters into relations with a married Jewish women. If he was a gentile, the woman would be able to continue living with her husband, but if he was Jewish (i.e., his conversion was acceptable), the relations are considered as adulterous and she is forbidden. According to Rabbenu Asher, his word is not accepted and she is not forbidden.
19.
The Maggid Mishneh questions how is it possible to disqualify his children. Even if he was indeed a gentile, the children would be Jewish. He explains that there is a halachic difference in a situation where both the parents converted privately. In that instance, were we to disqualify the children because of their statements, there would be a change in status.
20.
Rabbi Akiva Eiger adds that according to the Rambam, he must also have blood drawn from his male organ as is the case of a convert who was circumcised while a gentile.
21.
According to the authorities that, after the fact. do not require a convert's immersion to be performed in the presence of a court, this immersion also could serve as the immersion for the sake of conversion.
22.
I.e., we knew nothing of the person's identity before he came before us. He was the one who raised the doubt whether he was Jewish - by saying that he was a convert - and he resolved it - by saying that he converted in a proper court. This follows the principle of miggo, if he desired to lie, he could have told a more effective lie, saying that he was a native-born Israelite.
23.
The Ra'avad differs with the Rambam, explaining that there are two Talmudic opinions: one that accepts the convert's word both in Eretz Yisrael and in the Diaspora and one that requires him to bring proof in both places. Similarly, the Ramban and the Rashba differ and maintain that the convert's word is accepted in all places. TheShulchan Aruch (Yoreh De'ah 268:10) mentions the Rambam's view, but appears to follow that of the Ramban and the Rashba. Today the custom is for a court to be careful and investigate a convert's conversion before allowing him to marry among the Jewish people.
24.
For becoming a servant is also a change of status, causing the servant to depart from the status of a gentile, as stated in Chapter 12, Halachah 11.
25.
Yevamot 45b-46a explains the rationale for this law: The gentile owner who sold the servant does not own his physical person in the same manner as a Jew does. That ownership is a new factor established through immersion. Hence, if the servant takes the initiative, he can avoid being acquired.
26.
For taking this independent act in the presence of his master is considered as if he made an explicit statement.
27.
He must, however, reimburse the master for his value [Maggid Mishneh; Rama (Yoreh De'ah 267:9)].
28.
By manifesting his control over him in this manner, he emphasizes that he is acquiring him as a servant.
29.
The Maggid Mishneh cites views that maintain that this immersion is Rabbinic in origin. Rabbi Akiva Eiger cites Tosafot who emphasize that it is a Scriptural requirement.
30.
As required of a convert (Halachah 6).
31.
See the initial halachot of the following chapter which describe the manner in which a gentile and a servant are informed about the mitzvot.
32.
See Hilchot Mikveot which elaborates at length concerning both concepts mentioned in this halachah: what makes a mikvehacceptable and which substances disqualify an immersion when they intervene between a person's flesh and the water. For this reason, a servant or a convert should trim his nails and hair [Rama (Yoreh De'ah268:2); see also Siftei Cohen 268:7].
33.
See II Shmuel 12:25, as interpreted byMenachot 53a, et al.
34.
Tosafot cites the narrative (Shabbat 31a) which relates that a gentile came to Hillel and asked him to convert him on the condition that he become the High Priest. Hillel agreed. Later the convert discovered the error of his ways and accepted Jewish practice genuinely. Tosafot explains that from the outset, Hillel recognized his potential sincerity and therefore accepted him even though originally, his motives were self-oriented. The Bayit Chadash and theSiftei Cohen 268:23 state that Hillel's example may be emulated and the Jewish courts have the prerogative of making a decision to accept a convert even though at the outset, he seeks to convert for ulterior motives.
35.
For as the Rambam continues to explain, a convert's lack of observance could have a negative effect on the entire people. There is no obligation to convert. A gentile who observes the seven universal laws commanded to Noah and his descendants is on a very high rung. Hence unless a gentile is motivated by a very sincere commitment, it is preferable for him not to change his status and serve God in his present state.
36.
At first, Naomi tried to dissuade Ruth from converting. When, however, she saw her sincerity, she allowed her to join her. See Chapter 14, Halachah 1, which describes how this concept is applied.
37.
I.e., because their motives were not genuine, as the Rambam continues to explain.
38.
I.e., these individuals did not know that the converts should not be accepted.
39.
I.e., would they accept Jewish practice genuinely.
The Shulchan Aruch (Yoreh De'ah 268:12) interprets this to mean that the conversion was effective. They are Jews and have all the privileges and responsibilities of the Jewish people. Nevertheless, as an initial and preferred option, our Sages would not allow them to marry within the Jewish people and the like until they had established their sincere commitment to the Torah and its mitzvot.
It must be emphasized that, according to theShulchan Aruch, we are speaking about people who convert for ulterior motives, but still accept the yoke of the Torah and its mitzvot. When a person "converts" without accepting the Torah and its mitzvot at all, the conversion is invalid, even if he becomes circumcised and immerses in a mikveh. For that reason, non-halachic "conversions" are unacceptable. See the notes to Halachah 18.
40.
See Judges 14:3, I Kings 11:4.
41.
The Maggid Mishneh states that even if the court does not notify the potential convert of the mitzvot, the conversion is effective. TheShulchan Aruch (Yoreh De'ah 268:12) when quoting this law, changes the text to "the reward for the mitzvot," implying that the gentile must accept the mitzvot before immersion. As the commentaries to theShulchan Aruch explain, according to theShulchan Aruch, if a convert does not accept the observance of mitzvot, the conversion is not acceptable even if he becomes circumcised and immerses. This concept is particularly relevant in the presence age when there are many non-halachic "conversions."
42.
Hence a get (formal bill of divorce) is required before the woman can marry another Jew.
43.
The basic concept is that a convert who sins is considered as a Jew who sins. Even if he or she commits serious transgressions, the conversion is not revoked. The Kessef Mishneh maintains that if the convert intentionally worships false deities, a lost object that belonged to him is not returned, as indicated by Hilchot Gezeilah ViAvedah11:2.
44.
I.e., because despite their sins, they remained Jewesses.
45.
I.e., their connection to idolatry.
46.
Yevamot 47a. It must be emphasized that sincere converts are given the highest praise. In a renowned letter to a convert named Ovadiah, the Rambam states: "We [i.e., native-born Jews] share a connection with Abraham, Isaac, and Jacob. Your connection is with the One who spoke and created the world."
47.
Our Sages explain that in both instances, it was the erev rav, the mixed multitude of converts who accompanied the Jews out of Egypt, who enticed the people to perform these sins. Kivrot HaTa'avah refers to the incident, Numbers, ch. 11, where the people complained because they desired other food in addition to the manna.
Issurei Biah - Chapter Fourteen
Halacha 1
What is the procedure when accepting a righteous convert? When one of the gentiles comes to convert, we inspect his background.1 If an ulterior motive for conversion is not found,2 we ask him:3 "Why did you choose to convert? Don't you know that in the present era, the Jews are afflicted, crushed, subjugated, strained, and suffering comes upon them?" If he answers: "I know. Would it be that I be able to be part of them,"4 we accept him immediately.
Halacha 2
We inform him of the fundamentals of the faith, i.e., the unity of God and the prohibition against the worship of false deities. We elaborate on this matter.5We inform him about some of the easy mitzvot and some of the more severe ones. We do not elaborate on this matter.6 We inform him of the transgression of [not leaving] leket, shichachah, pe'ah,7 and the second tithe.8And we inform him of the punishment given for [violating] the mitzvot.
What is implied? We tell him: "Before you came to our faith, if you partook of fat, you were not liable for your soul to be cut off. If you desecrated the Sabbath, you were not liable to be stoned to death. Now, after you convert, if you partake of fat, you are liable for your soul to be cut off. If you desecrate the Sabbath, you are liable to be stoned to death."
We do not teach him all the particulars lest this cause him concern and turn him away from a good path to a bad path. For at the outset, we draw a person forth with soft and appealing words, as [Hoshea 11:4] states: "With cords of man, I drew them forth,"9 and then continues: "with bonds of love."10
Halacha 3
Just as he is informed of the punishment [for disobeying] the commandments; so, too, he is informed about the reward for [their observance]. We tell him that by observing these mitzvot, he will merit the life of the World to Come. For there is no completely righteous man other than a master of wisdom who observes these mitzvot and knows them.
Halacha 4
We tell him: "Know that the World to Come is hidden away only for the righteous; they are the Jews.11 The fact that you see Israel suffering difficulty in this world [reflects] the good that is hidden away for them. For they cannot receive an abundance of good in this world as the gentiles do. For they hearts may become uplifted and they will err and lose the reward of the World to Come, as [Deuteronomy 32:15] states: "Jeshuron became fat and rebelled."12
Halacha 5
The Holy One, blessed be He, brings upon them an abundance of retribution solely so that they will not perish. For all the other nations will perish and they will prevail. We elaborate on this concept to make them feel cherished. If [the prospective convert] retracts and does not want to accept [the mitzvot], he goes on his way. If he accepts [their observance], we do not have him wait, but instead circumcise him immediately.13 If he was circumcised, we draw the blood of circumcision from him.14 We wait until he heals entirely15 and then immerse him.
Halacha 6
Three [judges] stand over him and inform him about some of the easy mitzvot and some of the more severe ones a second time while he stands in the water.16 If the convert was female,17 women position her in the water until her neck while the judges are outside. They inform her about some of the easy mitzvot and some of the more severe ones while she is sitting in the water. Then she immerses herself in their presence. Afterwards, they turn their faces away and depart so that they will not see her when she ascends from the water.
Halacha 7
What is meant by a resident alien? A gentile who makes a commitment not to worship false deities and to observe the other [six] universal laws commanded to Noah's descendants. He does not circumcise himself or immerse. We accept this commitment and he is considered one of the pious gentiles.
Why is he called a resident? Because we are permitted to allow him to dwell among us in Eretz Yisrael, as explained in Hilchot Avodah Zarah.18
Halacha 8
Halacha 9
When a servant is purchased from the gentiles, we do not say: "Why did you choose to convert?"22 Instead, we say to him: "Do you desire to enter the category of Jewish servants and become one of the observant of them?" If he agrees, he is informed about the fundamentals of the faith, about some of the easy mitzvot and some of the more severe ones, and the punishments and rewards [associated with them] as we notify a convert. [Then] we immerse him23 as we immerse a convert and inform him [of the mitzvot] while he is in the water.
If he does not desire to accept [the status of a servant], we are patient with him for twelve months. Afterwards, we sell him to a gentile. It is forbidden to maintain him for a longer period.24 If at the outset, he established a condition that he would not be circumcised or immersed, but instead would be a resident alien, it is permissible to maintain him in that status.25 A servant may be maintained in this status only during the era when the Jubilee is observed.
Halacha 10
The only sexual relations forbidden to a gentile are: his mother, his father's wife, his maternal sister, a married woman, a male, and an animal, as will be explained in Hilchot Melachim UMilchomoteihem.26 Other relations forbidden the Jews are permitted to them.
Halacha 11
When a gentile converts or a servant is freed,27 he is like a newborn baby. Any relatives whom he had as a gentile or a servant are no longer considered his relatives. If both he and they convert, he is not obligated for relations with any of them.
Halacha 12
According to Scriptural Law, a convert may marry his mother or his maternal sister after they convert. Nevertheless, our Sages forbade this so that [the converts] will not say: "We came from a more severe level of holiness to a less severe one. Yesterday, this [relationship] was forbidden and today, it is permitted."28
Similarly, when a convert engages in relations with his mother or his sister when they have not converted, it is considered as if he had relations with a woman with whom he was not related.
Halacha 13
What is the law that applies to converts with regard to relations with their relatives. As we explained, if one was married while a gentile to his mother or his sister and they converted, we separate them as explained [above]. If he was married to any one of the other forbidden relations and he and his wife converted, they are not forced to separate.29
A convert is forbidden to marry his maternal relatives after they convert according to Rabbinic Law. He may, however, marry his paternal relatives. [This applies] even when he certainly knows that these persons are his paternal relatives,30 for example, twins, in which instance it is clear that the father of one is the father of the other. Nevertheless, our Sages did not enforce a decree with regard to one's paternal relatives.
Accordingly, a convert may marry the wife of his paternal brother, the wife of his father's brother, his father's wife,31 and his son's wife. [This applies] even if they married his brother, his father, his father's brother, or his son after they converted.32 Similarly, his mother's paternal sister, his paternal sister, and his daughter who converted are permitted to him. He may not, however, marry his maternal sister, his mother's maternal sister, nor a woman who married his maternal brother after he converted. If, however, a woman married his brother while he was a gentile,33 she is permitted to him.
Halacha 14
Halacha 15
When a man marries a female convert and her daughter who converted or two maternal sisters [who converted], he should remain married to one of them and divorce the other.36 If he married a female convert and she died, he is permitted to marry her mother or her daughter.37 For our Sages ordained their decree only during [the woman's] lifetime.
It is permissible for a man to marry two paternal sisters who converted, for our Sages did not ordain any decrees with regard to paternal relations, as explained.38
Halacha 16
[Our Sages] did not ordain any decrees with regard to shniot39 who convert. Therefore a convert may marry his maternal grandmother. Similarly, a person may marry a convert and the mother of her maternal grandmother40 or her and the daughter of her daughter's daughter. Similar laws apply with regard to the remainder of the shniot.
Halacha 17
A servant is permitted to marry his mother while he is a servant.41Needless to say, this applies with regard to his daughter, his sister, or the like. [Since] he has already departed from the category of gentiles,42 the intimate relations forbidden to the gentiles are not forbidden to him. And [since] he has not entered the category of the Jewish people, the intimate relations that are forbidden to the converts are not yet forbidden to him.
Halacha 18
Halacha 19
Servants who are freed are like converts. All of the relationships forbidden to converts are forbidden to them and all those permitted to converts are permitted to them.
A person may give his maid-servant to his own servant or to a servant belonging to his colleague. At the outset, he may give one maid-servant to two servants.45Nor must they follow any restrictions. Instead, they are like animals. There is no difference whether a maid-servant is set aside for a servant or not, for there is no concept of marriage except within the Jewish people or among gentiles themselves,46 but not among servants themselves or between servants and the Jewish people.
FOOTNOTES
1.
See Chapter 13, Halachah 14.
2.
See Chapter 13, Halachah 14.
3.
The halachah is quoted from Yevamot 47a. As early as the Talmudic era, potential converts were dissuaded in this manner.
4.
Our translation is based on Rashi's commentary to Yevamot, loc. cit.
5.
Because they are the fundamentals of our faith (Maggid Mishneh).
6.
This law, quoted by the Shulchan Aruch(Yoreh De'ah 268:2) indicates that even the opinions which require a convert to accept the observance of the mitzvot do not require him to accept all of the mitzvot individually. Instead, he must make a general commitment to confirm to Jewish practice.
7.
These refer to different obligations from the crops that must be left for the poor. SeeHilchot Matanot Aniyim, ch. 1.
8.
Although this is the version in the standard published text of the Mishneh Torah, many manuscripts and early printings state "the tithe for the poor." This fits both the context and the Rambam's source, Yevamot 47a.
These mitzvot are mentioned because the giver has no control over them. When a prospective convert sees that Judaism places such financial obligations upon him, he may regret his choice (Rashi, Yevamot, loc. cit.).
9.
This can be interpreted as referring to the warnings concerning the transgressions.
10.
And this to the encouragement based on the knowledge of the reward for mitzvot.
11.
The commentaries have questioned the Rambam's statements here noting that inHilchot Teshuvah 3:5 and other sources, he states that the pious among the gentiles have a share in the World to Come. Among the resolutions offered is that "All of Israel have a share in the World to Come" (Sanhedrin 10:1). By virtue of the essential Godliness of the Jewish soul, they are granted a portion in this eternal good. A gentile must, however, earn his portion through his deeds. It is not "hidden away" for him.
12.
I.e., the outcome of prosperity was not increased observance, but the opposite: rebellion against God's will.
13.
For we do not postpone the performance of a mitzvah.
14.
I.e., a small wound is made on his male organ to draw blood for the sake of the covenant. The expression "the blood of the covenant" is derived from Exodus 24:8. See also Zechariah 9:11.
15.
For we fear that, otherwise, the immersion might cause the wound to become infected (Rashi, Yevamot 47b).
The commentaries ask: Why don't we have him immerse first and then circumcise himself? In this way, he will not have to delay his conversion any longer. The Ramban (cited by Turei Zahav 268:4) states that we fear that he might refuse to become circumcised. This will be problematic for the immersion will have completed the conversion process. Hence, we have him become circumcised before the conversion is irreversible.
16.
Rashi (loc. cit.) explains that since the immersion completes his conversion, the convert must accept the yoke of mitzvot at that time.
17.
And thus it would be immodest for her to enter the mikveh in the presence of the judges.
18.
See Hilchot Avodat Kochavim 10:6 which states that in an era when the Jews have undisputed authority over Eretz Yisrael, they may not allow an idolater to dwell in the holy land. Only when a gentile accepts these seven universal laws is he granted this privilege. The rationale for the Rambam's ruling is derived from the prooftext he cites (Exodus 23:33): "They shall not dwell in your land, lest they cause you to sin against Me." Since gentiles may turn into a negative spiritual influence, they should be prevented from dwelling in the land. If, however, a gentile has made a commitment to the observance of these seven laws, he will not lower the moral climate of the land.
As explained by the commentaries to Hilchot Avodat Kochavim, the Rambam's opinion is not universally accepted. The Ra'avad interprets the prooftext as referring to the seven Canaanite nations alone. Never, he claims, were other gentiles prohibited from living among us.
19.
The Jubilee must be observed only when the entire Jewish people are dwelling inEretz Yisrael. Therefore when the tribes of Reuven and Gad, and half the tribe of Menasheh were exiled by the kingdom of Assyria (this took place approximately 150 years before the destruction of the First Temple), the laws of the Jubilee ceased to be observed according to Scriptural Law (Hilchot Shemitah ViYoval 10:8).
20.
The Rambam's source ( Bechorot 30b) states: "one minor point of Rabbinic Law." The commentaries question why the Rambam omits this point.
21.
As the Rambam states in Hilchot Avodat Kochavim, loc. cit., in the present era, we accept only full converts. Implied is that in the present era, were we to have the authority, we should prevent gentiles from living in Eretz Yisrael.
The Ra'avad differs with the Rambam concerning this point, explaining that with regard to certain matters the status of a gentile who accepts the observance of the seven mitzvot in the present age is more severe than that before the revocation of the Jubilee laws and in other matters, it is more lenient. According to his opinion, however, there is no reason why a gentile should be prohibited against living in Eretz Yisrael. In his gloss to Hilchot Avodat Kochavim, theKessef Mishneh states that even the Rambam would agree. For since the gentile is living a moral lifestyle, there is no reason to fear that he will lead a Jew to sin. The Rambam's directive here is directed at the courts. They cannot formalize a resident alien's status in the present age.
In that vein, it must be emphasized that although the concept of a resident alien does not apply in the present age, we are obligated to teach the gentiles the seven universal laws commanded to Noah's descendants, as the Rambam states inHilchot Melachim 8:10.
22.
As we tell a prospective convert. We do not make this statement to a servant, for he is not coming to convert on his own volition.
23.
A male servant is also circumcised before conversion. It is questionable why the Rambam does not mention this point.
24.
He must be sold to the Diaspora or to a gentile (Hilchot Avadim 8:12).
25.
The Rama (Yoreh De'ah 267:4) writes that in the lands where he lived (Central Europe), it was forbidden to convert a gentile to Judaism. Therefore it is taken for granted that the servant was purchased on the condition that his status not be altered. Hence, he may be maintained indefinitely as a gentile.
26.
Hilchot Melachim 9:5.
27.
See Halachah 17 which emphasizes that even while a servant, a servant need not show concern for these prohibitions.
28.
I.e., it would appear that he was bound by more severe prohibitions before conversion.
29.
This applies even to maternal relatives. Since they were married before, we do not force them to separate (Siftei Cohen 269:2). We do not fear that these converts will say that they entered a lower level of holiness, because there are relations - a mother and a sister - which they are forbidden. This makes it obvious that the distinction in the laws results from their change in status (Kessef Mishneh).
30.
I.e, one might say that the reason for the prohibition is that one is certain that he is related to his maternal relatives. Those reputed to be his paternal relatives, however, might in fact not be related to him at all, because the man reputed to be his father may not be his parent. For the gentiles are known to be promiscuous. This is not the reason for the leniency. Instead, the Torah does not have any conceptual of paternal lineage with regard to a gentile (Maggid Mishneh).
31.
There are opinions which forbid the wife of the convert's father [Tur, Rama (Yoreh De'ah 269:3)]. The Siftei Cohen 269:4 adds that the convert should also refrain from relations with the sister of his father.
32.
For their conversion is of no consequence in this context. They are considered as having no family ties.
33.
But was never married to the brother according to Jewish Law.
34.
I.e., they were conceived before their mother converted and born after she converted.
35.
For it is considered as if the two brothers are ordinary Jews and bound by the laws that apply to members of our people. Nevertheless, they may not fulfill the mitzvah of yibbum, for they are not brothers in the complete sense [Shulchan Aruch (Yoreh De'ah 269:4)].
36.
This is a Rabbinic decree. According to Scriptural Law, the marriages are valid. Nevertheless, our Rabbis were stringent and forbade this union, for were the women to be native-born Jewesses, this would be forbidden. Hence, formal divorce proceedings are necessary.
37.
In this instance, as well, were the women to be native-born Jewesses, this would be forbidden. See Siftei Cohen 269:10 which cites opinions that maintain that the Rabbinic prohibition applies after the woman's death as well.
38.
In Halachah 13. Note the contrast to the previous clause which speaks about relations with maternal sisters.
39.
This term refers to relatives more distantly removed than those forbidden by Scriptural Law. Relations with them are forbidden by Rabbinic decree, as explained in Chapter 1, Halachah 8; Hilchot Ishut 1:6. Since the prohibition is a Rabbinic safeguard, our Sage's did not add a further safeguard with regard to a convert. For we do not ordain a safeguard for a safeguard.
40.
Our translation follows the text of the authoritative manuscripts of the Mishneh Torah. The Siftei Cohen 269:12 justifies this reading, explaining that relations with a woman's maternal grandmother (the version in the standard published text of the Mishneh Torah) is a Scriptural prohibition, not a Rabbinic safeguard.
41.
I.e., before he is freed.
42.
See Chapter 12, Halachah 11.
43.
This phrase points to a conclusion deduced by the Rambam for which he has no explicit source in previous Rabbinic literature. The Ra'avad, however, considers the concept as blatantly obvious.
The Maggid Mishneh adds that he is also executed for relations with a married Jewish woman and questions why the Rambam does not mention this transgression.
44.
The word "executed" is plural. Both men or the man and the animal are executed (Or Sameach).
45.
I.e., we do not enforce monogamy.
46.
See Hilchot Melachim 9:5.
---------------------
Hayom Yom:
• English Text | Video Class• "Today's Day"
Wednesday, Adar I 8, 5776 · 17 February 2016
Shabbat 8 Adar I 5703
Torah lessons: Chumash: T'ruma, Shevi'i with Rashi.
Tehillim: 44-48.
Tanya: Ch. 28. Even if (p. 121)...of the L-rd. (p. 123).
The Alter Rebbe once summoned a young disciple of the Maggid and said to him in his customary chant: I have the mitzva of "teach them to your children."1 You have the mitzva of sustaining and providing for your family. Let us make an exchange. I will give you what you need to fulfill your mitzva and you will teach my son (who was later the Mitteler Rebbe).
Then the Rebbe explained the method of instruction: The first thing is to teach the letters, alef, beit and so on. What is an alef? A dot above, a dot below, and a line between this is an alef. A child must know that the alef of Torah is a yud2 above, a yudbelow, and a line of faith that joins them.
Another version: A yud above - this is the soul; a yid (Jew) below - this is the body; a line of yir'at Shamayim (fear of Heaven) in the center.
FOOTNOTES
1. Devarim 11:19.
2. The letter yud is basically a dot, a point, undimensioned, indivisible, irreducible. "Above," it refers to G-d in His Essence; "below" it refers to the essence of the soul of every Jew. The "connection" between G-d and soul is faith.---------------------• Daily Thought:
---------------------
Hayom Yom:
• English Text | Video Class• "Today's Day"
Wednesday, Adar I 8, 5776 · 17 February 2016
Shabbat 8 Adar I 5703
Torah lessons: Chumash: T'ruma, Shevi'i with Rashi.
Tehillim: 44-48.
Tanya: Ch. 28. Even if (p. 121)...of the L-rd. (p. 123).
The Alter Rebbe once summoned a young disciple of the Maggid and said to him in his customary chant: I have the mitzva of "teach them to your children."1 You have the mitzva of sustaining and providing for your family. Let us make an exchange. I will give you what you need to fulfill your mitzva and you will teach my son (who was later the Mitteler Rebbe).
Then the Rebbe explained the method of instruction: The first thing is to teach the letters, alef, beit and so on. What is an alef? A dot above, a dot below, and a line between this is an alef. A child must know that the alef of Torah is a yud2 above, a yudbelow, and a line of faith that joins them.
Another version: A yud above - this is the soul; a yid (Jew) below - this is the body; a line of yir'at Shamayim (fear of Heaven) in the center.
FOOTNOTES
1. Devarim 11:19.
2. The letter yud is basically a dot, a point, undimensioned, indivisible, irreducible. "Above," it refers to G-d in His Essence; "below" it refers to the essence of the soul of every Jew. The "connection" between G-d and soul is faith.---------------------• Daily Thought:
Flattening the Ride
When times are rough, envision tomorrow, when all your efforts have paid off.
When times are good, pray for your livelihood at every moment, as a beggar prays for his daily bread.
For everything is in His hands.
No comments:
Post a Comment