CHABAD - TODAY IN JUDAISM: Today is: Shabbat, Shevat 20, 5776 · January 30, 2016
Torah Reading
Yitro: Exodus 18:1 Now Yitro the priest of Midyan, Moshe’s father-in-law, heard about all that God had done for Moshe and for Isra’el his people, how Adonai had brought Isra’el out of Egypt. 2 After Moshe had sent away his wife Tzipporah and her two sons, Yitro Moshe’s father-in-law had taken them back. 3 The name of the one son was Gershom, for Moshe had said, “I have been a foreigner in a foreign land.” 4 The name of the other was Eli‘ezer [my God helps], “because the God of my father helped me by rescuing me from Pharaoh’s sword.” 5 Yitro Moshe’s father-in-law brought Moshe’s sons and wife to him in the desert where he was encamped, at the mountain of God. 6 He sent word to Moshe, “I, your father-in-law Yitro, am coming to you with your wife and her two sons.”
7 Moshe went out to meet his father-in-law, prostrated himself and kissed him. Then, after inquiring of each other’s welfare, they entered the tent. 8 Moshe told his father-in-law all that Adonai had done to Pharaoh and the Egyptians for Isra’el’s sake, all the hardships they had suffered while traveling and how Adonai had rescued them. 9 Yitro rejoiced over all the good that Adonai had done for Isra’el by rescuing them from the Egyptians. 10 Yitro said, “Blessed be Adonai, who has rescued you from the Egyptians and from Pharaoh, who has rescued the people from the harsh hand of the Egyptians. 11 Now I know that Adonai is greater than all other gods, because he rescued those who were treated so arrogantly.” 12 Yitro Moshe’s father-in-law brought a burnt offering and sacrifices to God, and Aharon came with all the leaders of Isra’el to share the meal before God with Moshe’s father-in-law.
(ii) 13 The following day Moshe sat to settle disputes for the people, while the people stood around Moshe from morning till evening. 14 When Moshe’s father-in-law saw all that he was doing to the people, he said, “What is this that you are doing to the people? Why do you sit there alone, with all the people standing around you from morning till evening?” 15 Moshe answered his father-in-law, “It’s because the people come to me seeking God’s guidance. 16 Whenever they have a dispute, it comes to me; I judge between one person and another, and I explain to them God’s laws and teachings.”
17 Moshe’s father-in-law said to him, “What you are doing isn’t good. 18 You will certainly wear yourself out — and not only yourself, but these people here with you as well. It’s too much for you — you can’t do it alone, by yourself. 19 So listen now to what I have to say. I will give you some advice, and God will be with you. You should represent the people before God, and you should bring their cases to God. 20 You should also teach them the laws and the teachings, and show them how to live their lives and what work they should do. 21 But you should choose from among all the people competent men who are God-fearing, honest and incorruptible to be their leaders, in charge of thousands, hundreds, fifties and tens. 22 Normally, they will settle the people’s disputes. They should bring you the difficult cases; but ordinary matters they should decide themselves. In this way, they will make it easier for you and share the load with you. 23 If you do this — and God is directing you to do it — you will be able to endure; and all these people too will arrive at their destination peacefully.”
(iii) 24 Moshe paid attention to his father-in-law’s counsel and did everything he said. 25 Moshe chose competent men from all Isra’el and made them heads over the people, in charge of thousands, hundreds, fifties and tens. 26 As a general rule, they settled the people’s disputes — the difficult cases they brought to Moshe, but every simple matter they decided themselves.
27 Then Moshe let his father-in-law leave, and he went off to his own country.
19:1 (iv) In the third month after the people of Isra’el had left the land of Egypt, the same day they came to the Sinai Desert. 2 After setting out from Refidim and arriving at the Sinai Desert, they set up camp in the desert; there in front of the mountain, Isra’el set up camp.
3 Moshe went up to God, and Adonai called to him from the mountain: “Here is what you are to say to the household of Ya‘akov, to tell the people of Isra’el: 4 ‘You have seen what I did to the Egyptians, and how I carried you on eagles’ wings and brought you to myself. 5 Now if you will pay careful attention to what I say and keep my covenant, then you will be my own treasure from among all the peoples, for all the earth is mine; 6 and you will be a kingdom of cohanim for me, a nation set apart.’ These are the words you are to speak to the people of Isra’el.”
(v) 7 Moshe came, summoned the leaders of the people and presented them with all these words which Adonai had ordered him to say. 8 All the people answered as one, “Everything Adonai has said, we will do.” Moshe reported the words of the people to Adonai. 9 Adonai said to Moshe, “See, I am coming to you in a thick cloud, so that the people will be able to hear when I speak with you and also to trust in you forever.” Moshe had told Adonai what the people had said; 10 so Adonai said to Moshe, “Go to the people; today and tomorrow separate them for me by having them wash their clothing; 11 and prepare for the third day. For on the third day, Adonai will come down on Mount Sinai before the eyes of all the people. 12 You are to set limits for the people all around; and say, ‘Be careful not to go up on the mountain or even touch its base; whoever touches the mountain will surely be put to death. 13 No hand is to touch him; for he must be stoned or shot by arrows; neither animal nor human will be allowed to live.’ When the shofar sounds, they may go up on the mountain.”
(S: vi) 14 Moshe went down from the mountain to the people and separated the people for God, and they washed their clothing. 15 He said to the people, “Prepare for the third day; don’t approach a woman.”
16 On the morning of the third day, there was thunder, lightning and a thick cloud on the mountain. Then a shofar blast sounded so loudly that all the people in the camp trembled. 17 Moshe brought the people out of the camp to meet God; they stood near the base of the mountain. 18 Mount Sinai was enveloped in smoke, because Adonai descended onto it in fire — its smoke went up like the smoke from a furnace, and the whole mountain shook violently. 19 As the sound of the shofar grew louder and louder, Moshe spoke; and God answered him with a voice.
(A: vi, S: vii) 20 Adonai came down onto Mount Sinai, to the top of the mountain; then Adonai called Moshe to the top of the mountain; and Moshe went up. 21 Adonai said to Moshe, “Go down and warn the people not to force their way through to Adonai to see him; if they do, many of them will perish. 22 Even the cohanim, who are allowed to approach Adonai, must keep themselves holy; otherwise, Adonai may break out against them.” 23 Moshe said to Adonai, “The people can’t come up to Mount Sinai, because you ordered us to set limits around the mountain and separate it.” 24 But Adonai answered him, “Go, get down! Then come back up, you and Aharon with you. But don’t let the cohanim and the people force their way through to come up to Adonai, or he will break out against them.”
25 So Moshe went down to the people and told them.
20:1 Then God said all these words:
א 2 “I am Adonai your God, who brought you out of the land of Egypt, out of the abode of slavery.
ב 3 “You are to have no other gods before me. 4 You are not to make for yourselves a carved image or any kind of representation of anything in heaven above, on the earth beneath or in the water below the shoreline. 5 You are not to bow down to them or serve them; for I, Adonai your God, am a jealous God, punishing the children for the sins of the parents to the third and fourth generation of those who hate me, 6 but displaying grace to the thousandth generation of those who love me and obey my mitzvot.
ג 7 “You are not to use lightly the name of Adonai your God, because Adonai will not leave unpunished someone who uses his name lightly.
ד 8 “Remember the day, Shabbat, to set it apart for God. 9 You have six days to labor and do all your work, 10 but the seventh day is a Shabbat for Adonai your God. On it, you are not to do any kind of work — not you, your son or your daughter, not your male or female slave, not your livestock, and not the foreigner staying with you inside the gates to your property. 11 For in six days, Adonai made heaven and earth, the sea and everything in them; but on the seventh day he rested. This is why Adonai blessed the day, Shabbat, and separated it for himself.
ה 12 “Honor your father and mother, so that you may live long in the land which Adonai your God is giving you.
ו 13 “Do not murder.
ז (14) “Do not commit adultery.
ח (15) “Do not steal.
ט (16) “Do not give false evidence against your neighbor.
י 14 (17) “Do not covet your neighbor’s house; do not covet your neighbor’s wife, his male or female slave, his ox, his donkey or anything that belongs to your neighbor.”
(A: vii) 15 (18) All the people experienced the thunder, the lightning, the sound of the shofar, and the mountain smoking. When the people saw it, they trembled. Standing at a distance, 16 (19) they said to Moshe, “You, speak with us; and we will listen. But don’t let God speak with us, or we will die.” 17 (20) Moshe answered the people, “Don’t be afraid, because God has come only to test you and make you fear him, so that you won’t commit sins.” 18 (21) So the people stood at a distance, but Moshe approached the thick darkness where God was.
(A: Maftir) 19 (22) Adonai said to Moshe, “Here is what you are to say to the people of Isra’el: ‘You yourselves have seen that I spoke with you from heaven. 20 (23) You are not to make with me gods of silver, nor are you to make gods of gold for yourselves. (S: Maftir) 21 (24) For me you need make only an altar of earth; on it you will sacrifice your burnt offerings, peace offerings, sheep, goats and cattle. In every place where I cause my name to be mentioned, I will come to you and bless you. 22 (25) If you do make me an altar of stone, you are not to build it of cut stones; for if you use a tool on it, you profane it. 23 (26) Likewise, you are not to use steps to go up to my altar; so that you won’t be indecently uncovered.’”
: Isaiah 6:1 In the year of King ‘Uziyahu’s death I saw Adonai sitting on a high, lofty throne! The hem of his robe filled the temple. 2 S’rafim stood over him, each with six wings — two for covering his face, two for covering his feet and two for flying. 3 They were crying out to each other,
“More holy than the holiest holiness
is Adonai-Tzva’ot!
The whole earth is filled
with his glory!”
4 The doorposts shook at the sound of their shouting, and the house was filled with smoke. 5 Then I said,
“Woe to me! I [too] am doomed! —
because I, a man with unclean lips,
living among a people with unclean lips,
have seen with my own eyes
the King, Adonai-Tzva’ot!”
6 One of the s’rafim flew to me with a glowing coal in his hand, which he had taken with tongs from the altar. 7 He touched my mouth with it and said,
“Here! This has touched your lips.
Your iniquity is gone,
your sin is atoned for.”
8 Then I heard the voice of Adonai saying,
“Whom should I send?
Who will go for us?”
I answered, “I’m here, send me!” 9 He said, “Go and tell this people:
‘Yes, you hear, but you don’t understand.
You certainly see, but you don’t get the point!’
10 “Make the heart of this people [sluggish with] fat,
stop up their ears, and shut their eyes.
Otherwise, seeing with their eyes,
and hearing with their ears,
then understanding with their hearts,
they might repent and be healed!”
11 I asked, “Adonai, how long?” and he answered,
“Until cities become uninhabited ruins,
houses without human presence,
the land utterly wasted;
12 until Adonai drives the people far away,
and the land is one vast desolation.
13 If even a tenth [of the people] remain,
it will again be devoured.
“But like a pistachio tree or an oak,
whose trunk remains alive
after its leaves fall off,
the holy seed will be its trunk.”
Today in Jewish History
Asher born (1562 BCE)
Asher, the son of Jacob, was born on the 20th of Shevat of the year 2199 from creation (1562 BCE). According to some accounts, this is also the date of his passing.
Daily Study:Chitas and Rambam for today:
Chumash: Parshat Yitro, 7th Portion (Exodus 20:15-20:23) with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 20
15And all the people saw the voices and the torches, the sound of the shofar, and the smoking mountain, and the people saw and trembled; so they stood from afar. טווְכָל־הָעָם֩ רֹאִ֨ים אֶת־הַקּוֹלֹ֜ת וְאֶת־הַלַּפִּידִ֗ם וְאֵת֙ ק֣וֹל הַשֹּׁפָ֔ר וְאֶת־הָהָ֖ר עָשֵׁ֑ן וַיַּ֤רְא הָעָם֙ וַיָּנֻ֔עוּ וַיַּֽעַמְד֖וּ מֵֽרָחֹֽק:
And all the people saw: [This] teaches [us] that there was not one blind person among them. From where do we know that [there was] no mute person among them? The Torah states: “And all the people replied” (Exod. 19:8). From where do we know that there was no deaf person among them? The Torah states: “We will do and hear” (Exod. 24:7). [from Mechilta] וכל העם ראים: מלמד שלא היה בהם אחד סומא. ומנין שלא היה בהם אלם, תלמוד לומר (שמות יט ח) ויענו כל העם. ומנין שלא היה בהם חרש, תלמוד לומר נעשה ונשמע (שמות כד ז):
the voices: They saw what was audible, which is impossible to see elsewhere. — [from Mechilta d’Rabbi Shimon ben Yochai] ראים את הקולות: רואין את הנשמע, שאי אפשר לראות במקום אחר:
the voices: Emanating from the mouth of the Almighty. Many voices, voices coming from every direction, and from the heavens, and from the earth. — [Rashi above, verse 2] את הקולת: היוצאין מפי הגבורה:
and trembled: Heb. וַיָנֻעוּ נוֹעַ means only trembling. — [from Mechilta] וינעו: (שם) אין נוע אלא זיע:
so they stood from afar: They were drawing backwards twelve mil, as far as the length of their camp. The ministering angels came and assisted them [in order] to bring them back, as it is said: “Kings of hosts wander; yea they wander” (Ps. 68:13). [from Shab. 88b] ויעמדו מרחק: היו נרתעין לאחוריהם שנים עשר מיל כאורך מחניהם ומלאכי השרת באין ומסייעין אותן להחזירם, שנאמר (תהלים סח יג) מלכי צבאות ידודון ידודון:
16They said to Moses, "You speak with us, and we will hear, but let God not speak with us lest we die." טזוַיֹּֽאמְרוּ֙ אֶל־משֶׁ֔ה דַּבֶּר־אַתָּ֥ה עִמָּ֖נוּ וְנִשְׁמָ֑עָה וְאַל־יְדַבֵּ֥ר עִמָּ֛נוּ אֱלֹהִ֖ים פֶּן־נָמֽוּת:
17But Moses said to the people, "Fear not, for God has come in order to exalt you, and in order that His awe shall be upon your faces, so that you shall not sin." יזוַיֹּ֨אמֶר משֶׁ֣ה אֶל־הָעָם֘ אַל־תִּירָ֒אוּ֒ כִּ֗י לְבַֽעֲבוּר֙ נַסּ֣וֹת אֶתְכֶ֔ם בָּ֖א הָֽאֱלֹהִ֑ים וּבַֽעֲב֗וּר תִּֽהְיֶ֧ה יִרְאָת֛וֹ עַל־פְּנֵיכֶ֖ם לְבִלְתִּ֥י תֶֽחֱטָֽאוּ:
in order to exalt you: To magnify you in the world, so that your name should circulate among the nations, that He in His glory revealed Himself to you. — [from Mechilta] לבעבור נסות אתכם: לגדל אתכם בעולם שיצא לכם שם באומות שהוא בכבודו נגלה עליכם:
to exalt: נַסוֹת, an expression of exaltation and greatness, similar to “lift up a banner (נֵס)” (Isa. 62:10); “will I raise My standard (נִסִי)” (Isa. 49:22); “and like a flagpole (וְכַנֵּס) on a hill” (Isa. 30:17), which is upright. [Thus all these words signify “raising up.”] נסות: לשון הרמה וגדולה, כמו (ישעיה סב י) הרימו נס, ארים נסי (ישעיהו מט כב), וכנס על הגבעה (ישעיהו ל, יז), שהוא זקוף:
and in order that His awe: By way of the fact that you saw that He is feared and dreaded, you will know that there is none beside Him and you will fear him. ובעבור תהיה יראתו: על ידי שראיתם אותו יראוי ומאוים, תדעו כי אין זולתו ותיראו מפניו:
18The people remained far off, but Moses drew near to the opaque darkness, where God was. יחוַיַּֽעֲמֹ֥ד הָעָ֖ם מֵֽרָחֹ֑ק וּמשֶׁה֙ נִגַּ֣שׁ אֶל־הָֽעֲרָפֶ֔ל אֲשֶׁר־שָׁ֖ם הָֽאֱלֹהִֽים:
drew near to the opaque darkness: Within three partitions: darkness, cloud, and opaque darkness, as it is said: “And the mountain was burning with fire unto the heart of the heavens, darkness, cloud, and opaque darkness” (Deut. 4:11). Opaque darkness is [synonymous with] “the thickness of the cloud,” [concerning] which He [God] had said to him [Moses], “Behold, I am coming to you in the thickness of the cloud” (Exod. 19:9). [from Mechilta] נגש אל הערפל: לפנים משלש מחיצות, חשך ענן וערפל שנאמר (דברים ד יא) וההר בוער באש עד לב השמים חשך ענן וערפל, ערפל הוא עב הענן, שנאמר לו (שמות יט ט) הנה אנכי בא אליך בעב הענן:
19The Lord said to Moses, "So shall you say to the children of Israel, You have seen that from the heavens I have spoken with you. יטוַיֹּ֤אמֶר יְהוָֹה֙ אֶל־משֶׁ֔ה כֹּ֥ה תֹאמַ֖ר אֶל־בְּנֵ֣י יִשְׂרָאֵ֑ל אַתֶּ֣ם רְאִיתֶ֔ם כִּ֚י מִן־הַשָּׁמַ֔יִם דִּבַּ֖רְתִּי עִמָּכֶֽם:
So shall you say: with this language. — [from Mechilta] I.e., with this exact wording and in Hebrew. — [Mechilta] כה תאמר: בלשון הזה:
You have seen: There is a difference between what a person sees and what others tell him. [Concerning] what others tell him, sometimes his heart is divided whether to believe [it or not]. — [from Mechilta] אתם ראיתם: יש הפרש בין מה שאדם רואה למה שאחרים משיחין לו, שמה שאחרים משיחין לו פעמים שלבו חלוק מלהאמין:
from the heavens I have spoken: But another verse states: “The Lord descended upon Mount Sinai” (Exod. 19:20). The third verse comes and harmonizes them: “From the heavens He let you hear His voice in order to discipline you, and on earth He showed you His great fire” (Deut. 4:36). His glory was in heaven, His fire and His power were on the earth. Alternatively, He bent down the [lower] heavens and the highest heavens and spread them out upon the mountain. So [Scripture] says: “And He bent the heavens, and He came down” (Ps. 18:10). [from Mechilta] כי מן השמים דברתי: וכתוב אחד אומר וירד ה' על הר סיני, בא הכתוב השלישי והכריע ביניהם (דברים ד לו) מן השמים השמיעך את קולו ליסרך ועל הארץ הראך את אשו הגדולה, כבודו בשמים ואשו וגבורתו על הארץ. דבר אחר הרכין שמים ושמי השמים והציען על ההר, וכן הוא אומר (תהלים יח י) ויט שמים וירד:
20You shall not make [images of anything that is] with Me. Gods of silver or gods of gold you shall not make for yourselves. כלֹ֥א תַֽעֲשׂ֖וּן אִתִּ֑י אֱלֹ֤הֵי כֶ֨סֶף֙ וֵֽאלֹהֵ֣י זָהָ֔ב לֹ֥א תַֽעֲשׂ֖וּ לָכֶֽם:
You shall not make [images of anything that is] with Me: You shall not make a likeness of my servants who serve Me on high. — [from Mechilta, R.H. 24] לא תעשון אתי: לא תעשון דמות שמשי המשמשים לפני במרום:
Gods of silver: This [statement] comes to warn about the cherubim, which you make to stand with Me [in the Temple], that they may not be [made] of silver, for if you deviate to make them of silver, they are to Me as gods. — [from Mechilta] אלהי כסף: בא להזהיר על הכרובים, שאתה עושה לעמוד אתי, שלא יהיו של כסף, שאם שניתם לעשותם של כסף הרי הן לפני כאלהות:
or gods of gold: This [statement] comes to warn [us] that one shall not add [more cherubim] to [the two, which is the number God required]. For if you make four [cherubim], they are to Me as gods of gold. — [from Mechilta] ואלהי זהב: בא להזהיר שלא יוסיף על שנים, שאם עשית ארבעה, הרי הן לפני כאלהי זהב:
you shall not make for yourselves: You shall not say, “I will make cherubim in the synagogues and in the study halls, in the manner that I make [them] in the Temple.” Therefore, it says: “you shall not make for yourselves.” -[from Mechilta] לא תעשו לכם: לא תאמר הריני עושה כרובים בבתי כנסיות ובבתי מדרשות כדרך שאני עושה בבית עולמים, לכך נאמר לא תעשו לכם:
21An altar of earth you shall make for Me, and you shall slaughter beside it your burnt offerings and your peace offerings, your sheep and your cattle. Wherever I allow My name to be mentioned, I will come to you and bless you. כאמִזְבַּ֣ח אֲדָמָה֘ תַּֽעֲשֶׂה־לִּי֒ וְזָֽבַחְתָּ֣ עָלָ֗יו אֶת־עֹֽלֹתֶ֨יךָ֙ וְאֶת־שְׁלָמֶ֔יךָ אֶת־צֹֽאנְךָ֖ וְאֶת־בְּקָרֶ֑ךָ בְּכָל־הַמָּקוֹם֙ אֲשֶׁ֣ר אַזְכִּ֣יר אֶת־שְׁמִ֔י אָב֥וֹא אֵלֶ֖יךָ וּבֵֽרַכְתִּֽיךָ:
An altar of earth: Attached to the ground, [meaning] that it should not be built on pillars or on a block of wood (another version: [on] a base). [According to the Mechilta and Rashi on Zev. 58a, the reading is “archways.”] Alternatively, [מִזְבַָּח אִדָמָה means] that he [Moses] would fill the hollow of the altar with earth when they [the Israelites] encamped. [from Mechilta] מזבח אדמה: מחובר באדמה, שלא יבננו על גבי עמודים או על גבי כיפים. דבר אחר שהיה ממלא את חלל מזבח הנחשת אדמה בשעת חנייתן:
you shall make for Me: That from the beginning, it shall be made in My name. [I.e., it should not be made for another purpose and then later used as an altar.]-[from Mechilta] תעשה לי: שתהא תחילת עשייתו לשמי:
and you shall slaughter beside it: Heb. עָלָיו, like “And beside it (וְעָלָיו) was the tribe of Manasseh” (Num. 2:20). Or perhaps עָלָיו means literally “upon it.” Therefore, Scripture says: “the flesh and the blood on the altar of the Lord, your God” (Deut. 12:27), [meaning that only the flesh and blood are to be put on the altar] but the slaughtering is not [to be performed] on top of the altar. — [from Mechilta] וזבחת עליו: אצלו, כמו (במדבר ב כ) ועליו מטה מנשה. או אינו אלא עליו ממש, תלמוד לומר (דברים יב כז) הבשר והדם על מזבח ה' אלהיך, ואין שחיטה בראש המזבח:
your burnt offerings and your peace offerings: which are from your sheep and your cattle. “Your sheep and your cattle” is the explanation of “your burnt offerings and your peace offerings.” את עלתיך ואת שלמיך: אשר מצאנך ומבקרך. את צאנך ואת בקרך, פירוש לאת עולתיך ואת שלמיך:
Wherever I allow My name to be mentioned, I will come to you and bless you: Heb. אַזְכִּיר, lit., I will mention. [This should apparently read ךְתַּזְכִּיר, you will mention. Therefore, Rashi explains that it means: whenever] I will permit you to mention My Explicit Name, there I will come to you and bless you. I will cause My Shechinah to rest upon you. From here you learn that permission was given to mention the Explicit Name only in the place to which the Shechinah comes, and that is in the Temple in Jerusalem. There permission was given to the priests to mention the Explicit Name when they raise their hands to bless the people. — [from Mechilta, Sifrei, Num. 6:23, Sotah 38a] בכל המקום אשר אזכיר את שמי: אשר אתן לך רשות להזכיר שם המפורש שלי, שם אבוא אליך וברכתיך אשרה שכינתי עליך מכאן אתה למד שלא ניתן רשות להזכיר שם המפורש אלא במקום שהשכינה באה שם, וזהו בית הבחירה. שם נתן רשות לכהנים להזכיר שם המפורש בנשיאת כפים לברך את העם:
22And when you make for Me an altar of stones, you shall not build them of hewn stones, lest you wield your sword upon it and desecrate it. כבוְאִם־מִזְבַּ֤ח אֲבָנִים֙ תַּֽעֲשֶׂה־לִּ֔י לֹֽא־תִבְנֶ֥ה אֶתְהֶ֖ן גָּזִ֑ית כִּ֧י חַרְבְּךָ֛ הֵנַ֥פְתָּ עָלֶ֖יהָ וַתְּחַֽלֲלֶֽהָ:
And when you make for Me an altar of stones: Heb. אִם. Rabbi Ishmael says: Every [mention of] אִם in the Torah is optional except [for] three. [One of them is in this verse:] “And when (אִם) you make Me an altar of stones.” Behold, this אִם serves as an expression of כַּאִשֶׁר, when, [meaning] and “when you make Me an altar of stones, you shall not build them of hewn stones.” [This אִם cannot mean “if,”] for it is incumbent upon you to build an altar of stones, for it is said: “[Of] whole stones shall you build” (Deut. 27:6). Similarly, “When (אִם) you lend money” (Exod. 22:24)is obligatory, for it is said: “and you shall lend him” (Deut. 15:8). This one, too, serves as an expression of כַּאִשֶׁר, when. Similarly, “And when (אִם) you offer up a first fruits offering” (Lev. 2:14). This is the omer offering, which is [also] obligatory. Thus [all] these instances of אִם are not conditional but are definite and serve as an expression of כַּאִשֶׁר, when. — [from Mechilta] ואם מזבח אבנים: רבי ישמעאל אומר כל אם ואם שבתורה רשות, חוץ משלשה ואם מזבח אבנים תעשה לי, הרי אם זה משמש בלשון כאשר, כאשר תעשה לי מזבח אבנים לא תבנה אתהן גזית שהרי חובה עליך לבנות מזבח אבנים, שנאמר (דברים כז ו) אבנים שלמות תבנה, וכן (שמות כב כד) אם כסף תלוה, חובה הוא, שנאמר (דברים טו ח) והעבט תעביטנו. ואף זה משמש בלשון כאשר וכן (ויקרא ב יד) ואם תקריב מנחת בכורים זו מנחת העומר, שהיא חובה, ועל כרחך אין אם הללו תלוין, אלא ודאין, ובלשון כאשר הם משמשים:
hewn stones: Heb. גָזִית, an expression of shearing (גְּזִיזָה), [meaning] that [the stone-cutter] hews them and cuts them (וַּמְסַךְתְּתָן) with iron [tools]. גזית: לשון גזיזה שפוסלן ומסתתן בברזל:
lest you wield your sword upon it: Heb. כִּי. This [instance of] כִּי serves as an expression of פֶּן, lest, which is the same as “perhaps.” Perhaps you will wield your sword upon it. כי חרבך הנפת עליה: הרי כי זה משמש בלשון פן, שהוא דילמא, פן תניף חרבך עליה:
and desecrate it: Thus you have learned that if you wield iron upon it, you have desecrated it, for the altar was created to lengthen man’s days, and iron was created to shorten man’s days [because it is used to make swords]. It is improper that the “shortener” be wielded over the “lengthener” (Middoth 3:4). Moreover, the altar makes peace between Israel and their Father in heaven. Therefore, the cutter and destroyer shall not come upon it. The matter is a kal vachomer [a fortiori] conclusion-if [concerning the] stones, which neither see, hear, nor speak, because [of the fact that] they make peace, the Torah said, “You shall not wield iron upon them” (Deut. 27:5), how much more [are we certain that] one who makes peace between husband and wife, between family and family, between man and his fellow, will have no troubles befall him!-[from Mechilta] ותחללה: הא למדת, שאם הנפת עליה ברזל חללת, שהמזבח נברא להאריך ימיו של אדם, והברזל נברא לקצר ימיו של אדם, אין זה בדין, שיונף המקצר על המאריך. ועוד, שהמזבח מטיל שלום בין ישראל לאביהם שבשמים, לפיכך לא יבא עליו כורת ומחבל. והרי דברים קל וחומר ומה אבנים שאינם רואות ולא שומעות ולא מדברות על ידי שמטילות שלום אמרה תורה לא תניף עליהם ברזל, המטיל שלום בין איש לאשתו, בין משפחה למשפחה, בין אדם לחבירו, על אחת כמה וכמה שלא תבואהו פורענות:
23And you shall not ascend with steps upon My altar, so that your nakedness shall not be exposed upon it.' " כגוְלֹא־תַֽעֲלֶ֥ה בְמַֽעֲלֹ֖ת עַל־מִזְבְּחִ֑י אֲשֶׁ֛ר לֹֽא־תִגָּלֶ֥ה עֶרְוָֽתְךָ֖ עָלָֽיו:
And you shall not ascend with steps: When you build a ramp for the altar, do not make it with steps, eschalons in Old French, but it must be smooth and slanting. — [from Mechilta]. ולא תעלה במעלות: כשאתה בונה כבש למזבח, לא תעשהו מעלות מעלות אישיקלונ"ש בלעז [מדרגות] אלא חלק יהא ומשופע:
so that your nakedness shall not be exposed: Because due to the steps, you must widen your stride, although it would not be an actual exposure of nakedness, for it is written: “And make them linen pants” (Exod. 28:42). Nevertheless, widening the strides is close to exposing the nakedness [of the one ascending the steps], and you behave toward them [the stones] in a humiliating manner. Now these matters are a kal vachomer [a fortiori] conclusion, that if [concerning] these stones-which have no intelligence to object to their humiliation-the Torah said that because they are necessary, you shall not behave toward them in a humiliating manner. [In contrast,] your friend, who is [created] in the likeness of your Creator and who does object to being humiliated, how much more [must you be careful not to embarrass him]!-[from Mechilta] אשר לא תגלה ערותך: שעל ידי המעלות אתה צריך להרחיב פסיעותיך, ואף על פי שאינו גלוי ערוה ממש, שהרי כתיב (שמות כח מב) ועשה להם מכנסי בד, מכל מקום הרחבת הפסיעות קרוב לגלוי ערוה הוא, ואתה נוהג בהם מנהג בזיון. והרי דברים קל וחומר ומה אבנים הללו שאין בהם דעת להקפיד על בזיונן אמרה תורה הואיל ויש בהם צורך, לא תנהג בהם מנהג בזיון, חבירך שהוא בדמות יוצרך, ומקפיד על בזיונו, על אחת כמה וכמה:
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Daily Tehillim: Chapters 97-103
• Hebrew text
• English text
• Chapter 97
1. When the Lord will reveal His kingship, the earth will exult; the multitudes of islands will rejoice.
2. Clouds and dense darkness will surround Him; justice and mercy will be the foundation of His throne.
3. Fire will go before Him and consume His foes all around.
4. His lightnings will illuminate the world; the earth will see and tremble.
5. The mountains will melt like wax before the Lord, before the Master of all the earth.
6. The heavens will declare His justice, and all the nations will behold His glory.
7. All who worship graven images, who take pride in idols, will be ashamed; all idol worshippers will prostrate themselves before Him.
8. Zion will hear and rejoice, the towns of Judah will exult, because of Your judgments, O Lord.
9. For You, Lord, transcend all the earth; You are exceedingly exalted above all the supernal beings.
10. You who love the Lord, hate evil; He watches over the souls of His pious ones, He saves them from the hand of the wicked.
11. Light is sown for the righteous, and joy for the upright in heart.
12. Rejoice in the Lord, you righteous, and extol His holy Name.
Chapter 98
This psalm describes how Israel will praise God for the Redemption.
1. A psalm. Sing to the Lord a new song, for He has performed wonders; His right hand and holy arm have wrought deliverance for Him.
2. The Lord has made known His salvation; He has revealed His justice before the eyes of the nations.
3. He has remembered His kindness and faithfulness to the House of Israel; all, from the farthest corners of the earth, witnessed the deliverance by our God.
4. Raise your voices in jubilation to the Lord, all the earth; burst into joyous song and chanting.
5. Sing to the Lord with a harp, with a harp and the sound of song.
6. With trumpets and the sound of the shofar, jubilate before the King, the Lord.
7. The sea and its fullness will roar in joy, the earth and its inhabitants.
8. The rivers will clap their hands, the mountains will sing together.
9. [They will rejoice] before the Lord, for He has come to judge the earth; He will judge the world with justice, and the nations with righteousness.
Chapter 99
This psalm refers to the wars of Gog and Magog, which will precede the Redemption.
1. When the Lord will reveal His kingship, the nations will tremble; the earth will quake before Him Who is enthroned upon the cherubim,
2. [before] the Lord Who is in Zion, Who is great and exalted above all the peoples.
3. They will extol Your Name which is great, awesome and holy.
4. And [they will praise] the might of the King Who loves justice. You have established uprightness; You have made [the laws of] justice and righteousness in Jacob.
5. Exalt the Lord our God, and bow down at His footstool; He is holy.
6. Moses and Aaron among His priests, and Samuel among those who invoke His Name, would call upon the Lord and He would answer them.
7. He would speak to them from a pillar of cloud; they observed His testimonies and the decrees which He gave them.
8. Lord our God, You have answered them; You were a forgiving God for their sake, yet bringing retribution for their own misdeeds.
9. Exalt the Lord our God, and bow down at His holy mountain, for the Lord our God is holy.
Chapter 100
This psalm inspires the hearts of those who suffer in this world. Let them, nevertheless, serve God with joy, for all is for their good, as in the verse: "He whom God loves does He chastise." The psalm also refers to the thanksgiving sacrifice-the only sacrifice to be offered in the Messianic era.
1. A psalm of thanksgiving. Let all the earth sing in jubilation to the Lord.
2. Serve the Lord with joy; come before Him with exultation.
3. Know that the Lord is God; He has made us and we are His, His people and the sheep of His pasture.
4. Enter His gates with gratitude, His courtyards with praise; give thanks to Him, bless His Name.
5. For the Lord is good; His kindness is everlasting, and His faithfulness is for all generations.
Chapter 101
This psalm speaks of David's secluding himself from others, and of his virtuous conduct even in his own home.
1. By David, a psalm. I will sing of [Your] kindness and justice; to You, O Lord, will I chant praise!
2. I will pay heed to the path of integrity-O when will it come to me? I shall walk with the innocence of my heart [even] within my house.
3. I shall not place an evil thing before my eyes; I despise the doing of wayward deeds, it does not cling to me.
4. A perverse heart shall depart from me; I shall not know evil.
5. He who slanders his fellow in secret, him will I cut down; one with haughty eyes and a lustful heart, him I cannot suffer.
6. My eyes are upon the faithful of the land, that they may dwell with me; he who walks in the path of integrity, he shall minister to me.
7. He that practices deceit shall not dwell within my house; the speaker of lies shall have no place before my eyes.
8. Every morning I will cut down all the wicked of the land, to excise all evildoers from the city of the Lord.
Chapter 102
An awe-inspiring prayer for the exiled, and an appropriate prayer for anyone in distress.
1. A prayer of the poor man when he is faint [with affliction], and pours out his tale of woe before the Lord.
2. O Lord, hear my prayer, let my cry reach You!
3. Hide not Your face from me on the day of my distress; turn Your ear to me; on the day that I call, answer me quickly.
4. For my days have vanished with the smoke; my bones are dried up as a hearth.
5. Smitten like grass and withered is my heart, for I have forgotten to eat my bread.
6. From the voice of my sigh, my bone cleaves to my flesh.
7. I am like the bird of the wilderness; like the owl of the wasteland have I become.
8. In haste I fled; I was like a bird, alone on a roof.
9. All day my enemies disgrace me; those who ridicule me curse using my name.1
10. For I have eaten ashes like bread, and mixed my drink with tears,
11. because of Your anger and Your wrath-for You have raised me up, then cast me down.
12. My days are like the fleeting shadow; I wither away like the grass.
13. But You, Lord, will be enthroned forever, and Your remembrance is for all generations.
14. You will arise and have mercy on Zion, for it is time to be gracious to her; the appointed time has come.
15. For Your servants cherish her stones, and love her dust.
16. Then the nations will fear the Name of the Lord, and all the kings of the earth Your glory,
17. when [they see that] the Lord has built Zion, He has appeared in His glory.
18. He turned to the entreaty of the prayerful, and did not despise their prayer.
19. Let this be written for the last generation, so that the newborn nation will praise the Lord.
20. For He looked down from His holy heights; from heaven, the Lord gazed upon the earth,
21. to hear the cry of the bound, to untie those who are doomed to die,
22. so that the Name of the Lord be declared in Zion, and His praise in Jerusalem,
23. when nations and kingdoms will gather together to serve the Lord.
24. He weakened my strength on the way; He shortened my days.
25. I would say: "My God, do not remove me in the midst of my days! You Whose years endure through all generations.”
26. In the beginning You laid the foundations of the earth, and the heavens are the work of Your hands.
27. They will perish, but You will endure; all of them will wear out like a garment; You will exchange them like a robe, and they will vanish.
28. But You remain the same; Your years will not end.
29. The children of Your servants will abide; their seed shall be established before You.
FOOTNOTES
1.When swearing, they would say, “If I am lying, may I become like the miserable Jews” (Metzudot).
Chapter 103
David's prayer when he was ill, this psalm is an appropriate prayer on behalf of the sick, especially when offered by the sick person himself while his soul is yet in his body. He can then bless God from his depths, body and soul. Read, and find repose for your soul.
1. By David. Bless the Lord, O my soul; and all my being, His holy Name.
2. My soul, bless the Lord; forget not all His favors:
3. Who forgives all your sins, Who heals all your illnesses;
4. Who redeems your life from the grave, Who crowns you with kindness and mercy;
5. Who satisfies your mouth with goodness; like the eagle, your youth is renewed.
6. The Lord executes righteousness and justice for all the oppressed.
7. He made His ways known to Moses, His deeds to the Children of Israel.
8. The Lord is compassionate and gracious, slow to anger and of great kindness.
9. He will not contend for eternity, nor harbor ill will forever.
10. He has not dealt with us according to our transgressions, nor requited us according to our sins.
11. For as high as heaven is above the earth, so has His kindness been mighty over those who fear Him.
12. As far as the east is from the west, so has He distanced our transgressions from us.
13. As a father has compassion on his children, so has the Lord had compassion on those who fear Him.
14. For He knows our nature; He is mindful that we are but dust.
15. As for man, his days are like grass; like a flower of the field, so he sprouts.
16. When a wind passes over him, he is gone; his place recognizes him no more.
17. But the kindness of the Lord is forever and ever upon those who fear Him, and His righteousness is [secured] for children's children,
18. to those who keep His covenant, and to those who remember His commands to do them.
19. The Lord has established His throne in the heavens, and His kingship has dominion over all.
20. Bless the Lord, you His angels who are mighty in strength, who do His bidding to obey the voice of His speech.
21. Bless the Lord, all His hosts, His servants who do His will.
22. Bless the Lord, all His works, in all the places of His dominion. My soul, bless the Lord!
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Tanya: Likutei Amarim, middle of Chapter 23
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, middle of Chapter 23
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
Shabbat, Shevat 20, 5776 · January 30, 2016
Likutei Amarim, middle of Chapter 23
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
Shabbat, Shevat 20, 5776 · January 30, 2016
Likutei Amarim, middle of Chapter 23
וכן הלבוש החיצון של נפש האלקית שבאדם המקיים ועושה המצוה, שהוא כח ובחינת המעשה שלה
Likewise the external garment of the divine soul, i.e., its faculty of action which is external compared to the faculties of speech and thought, since it functions outside oneself, of the person fulfilling and practicing the commandment,
הוא מתלבש בחיות של מעשה המצוה, ונעשה גם כן כגוף לנשמה לרצון העליון, ובטל אליו לגמרי
clothes itself in the vitality of the performance of the mitzvah, and thus it, too, becomes like a body to a soul in relation to the Divine Will; i.e., the soul’s power of action becomes united with the Divine Will in the same way as one’s body is united with his soul, and is completely surrendered to the Divine Will.
ועל כן גם אברי גוף האדם המקיימים המצוה, שכח ובחינת המעשה של נפש האלקית מלובש בהם בשעת מעשה וקיום המצוה, הם נעשו מרכבה ממש לרצון העליון
In this way, those organs of the human body which perform the mitzvah — i.e., those organs in which the divine soul’s faculty of action is clothed during the performance and fulfillment of the mitzvah — they, too, become a veritable vehicle (lit., merkavah — a “chariot”) for the Divine Will.
כגון היד המחלקת צדקה לעניים או עושה מצוה אחרת
For example, the hand which distributes charity to the poor, or performs another commandment becomes, in the act of performing the mitzvah, a “chariot” for the Divine Will.
ורגלים המהלכות לדבר מצוה, וכן הפה ולשון שמדברים דברי תורה, והמוח שמהרהר בדברי תורה ויראת שמים ובגדולת ה‘ ברוך הוא
Similarly the feet which walk for the purpose of fulfilling a mitzvah, or the mouth and tongue which speak words of Torah, or the brain reflecting on the Torah or on the fear of heaven, or on the greatness of G‑d, blessed be He.
When these organs are occupied with the mitzvot they are totally surrendered, like a chariot, to the Divine Will clothed in these mitzvot.
Note that a physical organ becomes merely a chariot for the Divine Will. It does not become surrendered to and unified with the Divine Will to the same extent as the divine soul’s faculty of action, whose unity the Alter Rebbe previously compared to the unity of body and soul. The unity of body and soul surpasses that of the chariot with its rider. Body and soul, although originally two separate, disparate entities, one physical and the other spiritual, become one entity when united. No part of the body is devoid of the soul; conversely, the soul completely adapts itself to the body, becoming transformed into a corporeal life-force. The divine soul’s faculty of action, being a G‑dly power, can achieve this level of unity with G‑d when it is employed in the performance of a mitzvah.
The organs of the body, on the other hand, although they too are involved in fulfilling the mitzvah, can reach no higher than the level illustrated in the analogy of the chariot. A chariot, having no will of its own, is indeed completely subservient to its rider — yet it is not united with him.
וזהו שאמרו רז״ל: האבות הן הן המרכבה
This is what the Sages meant when they said that1 “The Patriarchs are truly the [Divine] chariot,”
שכל אבריהם כולם היו קדושים ומובדלים מענייני עולם הזה, ולא נעשו מרכבה רק לרצון העליון לבדו כל ימיהם
for all their organs were completely holy and detached from mundane matters, and throughout their lives they served as a vehicle for nothing but the Divine Will.
The reason for the Sages’ designating specifically the Patriarchs as G‑d’s chariot, although every Jew’s body becomes a “chariot” when he performs a mitzvah, is that the Patriarchs‘ submission to the Divine Will was unique in its power, its scope, and its consistency. All their organs were totally surrendered to the Divine Will throughout their lives — whereas with other Jews, only those organs which perform a mitzvah are a “chariot”, and then only during the act. In fact, the same organ which today served as a “chariot” to G‑d’s Will might conceivably serve the opposite purpose tomorrow.
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| FOOTNOTES | |
| 1. | Bereishit Rabbah 47:6. |
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Shabbat, Shevat 20, 5776 · January 30, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Negative Commandment 355
Out of Wedlock Intimacy
"There shall be no indecent women among the daughters of Israel"—Deuteronomy 23:18.
It is forbidden for a man and woman to be intimate unless married to each other.
Full text of this Mitzvah »
Rambam:
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Negative Commandment 355
Out of Wedlock Intimacy
"There shall be no indecent women among the daughters of Israel"—Deuteronomy 23:18.
It is forbidden for a man and woman to be intimate unless married to each other.
Full text of this Mitzvah »
Out of Wedlock Intimacy
Negative Commandment 355
Translated by Berel Bell
The 355th prohibition is that we are forbidden from having relations with a woman without [giving her] a Kesubah and acquiring her (kiddushin).
The source of this commandment is G‑d's statement1 (exalted be He), "There may not be any prostitutes among Jewish girls."
This same commandment is repeated, but using a different expression, in G‑d's statement2 (exalted be He), "Do not defile your daughter with premarital relations." The Sifra says, " 'Do not defile your daughter' — this command is directed towards a man who hands over his unmarried daughter for sexual relations without marriage, as well as a girl who herself has sexual relations without marriage."
Now listen as I explain why the prohibition is repeated with this wording,3 and what the repetition adds. G‑d (exalted be He) has already instructed us in the Torah that a man who has relations with a virgin incurs none of the punishments4, regardless of whether he seduced or raped her. Rather, he must pay a monetary fine and marry the girl that he harmed, as explained in the Torah.5
Accordingly, a person might think that since the offender is only required to pay a fine, therefore this is looked upon as a purely financial case. Therefore, just as a person, if he wishes, is allowed to give away his money to another person, or to forgive a debt, so too, [he might think,] he may take his unmarried daughter and give her to a man to have relations with her. This would be like forgiving a debt due to him, since the 50 silver [shekels which the seducer or rapist must pay] go to the father. Alternatively, a person might think that [since this is purely a financial matter,] he may give his daughter on condition that the man pays a certain amount of money.
Therefore, the Torah prohibited this and said, "Do not defile your daughter with premarital relations." The monetary fine only refers to a case where the seduction or rape actually occurred. But it is still completely forbidden for them to engage in sexual relations, even when they both agree.
The Torah also reveals the reason for this prohibition: ["Do not defile your daughter with premarital relations,] and you will then not make the land sexually immoral, and the land [will not] be filled with perversion." The explanation of this: seduction and rape occur very rarely, but if the Torah allowed premarital relations when both parties agree, it would occur often and become widespread throughout the world.
This is a fine and wondrous explanation of this verse, and fits all the sayings of our Sages and laws of the Torah.
This prohibition, i.e. the prohibition of [having relations with] an unmarried woman, is punishable by lashes.
The details of this mitzvah are explained in Kesubos and Kiddushin.
FOOTNOTES
1.Deut. 23:18.
2.Lev. 19:29.
3.Directed to the father, unlike the other verse, which is phrased as a general prohibition.
4.. Such as lashes or execution.
5.Ex. 22:15. Deut. 22:28. See P220, P218.
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• 1 Chapter: Maaser Sheini - Chapter 8 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Maaser Sheini - Chapter 8
Audio: Listen | Download | Video Class• Maaser Sheini - Chapter 8
Halacha 1
When a person [used money from the second tithe to] purchase a domesticated animal for a peace offering or a non-domesticated animal for ordinary meat from a person who is not a merchant and is not precise, the hide is considered as ordinary property.1This applies even if the value of the hide is greater than the value of the meat. When, by contrast, a person purchases an animal from a merchant, the hide is not considered as ordinary property.2
Halacha 2
Similar laws apply when a person purchases jugs of wine that are sealed.3In a place where it is customary for these jugs to be sold while sealed from a person who is not a merchant, the jugs are considered as ordinary property.4Therefore the seller must open the tops of the jugs so that they will not become ordinary property.5If the seller wishes to be stringent with himself and sell the wine in exact measure, the container is considered ordinary property.6
Halacha 3
If he purchased [the jugs of wine] while they were open7 or sealed in a place where it is customary to sell them open8 or he purchased them from a merchant who is precise in his sale,9 the jugs are not considered as ordinary property. If a person purchases baskets of figs and grapes together with their container,10 the container is not considered as ordinary property.11
Halacha 4
If a person purchases nuts, almonds, or the like, the shells are considered as ordinary property.12 If a person purchases a frond of dates,13 the frond is considered as ordinary property.14
[The following rules apply if] one purchases containers of dates. If they are pressed, the containers are considered as ordinary property.15 If not, they are not considered as ordinary property.
Halacha 5
When a person has wine16 from the second tithe and he lends17 his jugs for that [wine from] the second tithe, the second tithe does acquire the jugs, even though he seals them.
[The following laws apply if] he stored the wine in them without making any statement:18 If he designated [certain jugs] as the second tithe before he sealed their openings, the second tithe does not acquire the jugs.19 If he designated [the jugs] as the second tithe after he sealed their openings, the second tithe acquires the jugs.20 If [the owner] stored a revi'it21 of ordinary wine in the jug,22 or put oil, vinegar, brine,23 or honey from the second tithe without making any statement - whether before or after he sealed [the jugs] - the second tithe does not acquire the jugs.24
Halacha 6
When a deer that was purchased with money from the second tithe dies, it should be buried with its hide.25 If it was purchased while alive and slaughtered and then it became impure, it should be redeemed like other produce that became impure.26
[The following laws apply when a person] sets aside a dinar of money of the second tithe to purchase food against until he has exhausted its value and it becomes ordinary funds27 [and then the value of the coinage changes. For example,] the rate of exchange for a dinar was 20 me'ah.28 The person consumed ten me'ah's worth of food and then the value of the latter coinage decreased. Afterwards, the rate of exchange of a dinar was 40 me'ah. The person must spend another 20 me'ah on food before [the dinar] is considered as ordinary money.29
If the value of a me'ah increased and the rate of exchange for a dinar was tenme'ah, he must spend another five me'ah on food. Afterwards, [the dinar] is considered ordinary money.30
Halacha 7
When a person purchases produce with a sela of money from the second tithe and draws the produce into his domain, but did not pay for it before the value of the produce increased and it became worth two selaim, he is required to pay only a sela for the [produce]. [This is derived from the phrase]:31 "And he paid the money and it was acquired by him." [Implied is that the produce] is acquired by paying money.32 The profit is realized by the second tithe.33
Halacha 8
If he drew the produce into his possession when it was worth two selaim, but did not pay for it until the value of the produce decreased and it was worth only a sela, he should pay only one sela for them from the money of the second tithe. He must add another sela from ordinary funds and give it to the seller.34 If the seller was a common person, it is permitted for him to give him a second sela from money from the second tithe of demai.35
Halacha 9
If [the purchase] gave the seller two selaim of money from the second tithe, but did not draw the produce into his possession until its worth decreased to asela, what he redeemed is redeemed,38 and the attribute of judgment must be exercised between them.39 [The rationale for these laws is that] the redemption40 of the second tithe is like drawing it into possession.41
Halacha 10
If a person possessed ordinary produce in Jerusalem and money from the second tithe outside of Jerusalem, he may say: "The holiness of that money is transferred to this produce," and partake of them there in a state of ritual purity. The money then becomes ordinary funds in its location.42
Halacha 11
If one had money from the second tithe in Jerusalem and produce outside of Jerusalem, he may say: "The holiness of this money is transferred to that produce." The money then becomes ordinary money and the produce must be brought to Jerusalem and eaten there.43 For it is not necessary that the money and the produce be in the same place when the holiness of one is transferred to the other.
Halacha 12
When a person possesses money from the second tithe in Jerusalem which he needs [for other purposes]44 and a colleague possesses ordinary produce that he desires to eat, he should tell his colleague: "The holiness of this money is transferred to your produce." Thus that produce is considered as purchased with the money of the second tithe. The colleague should then partake of them in a state of ritual purity. Thus he does not lose anything and [his] money becomes as ordinary funds.45
Halacha 13
When does the above apply? When his friend who owns the produce is achavair.46 For produce that is definitely of the second tithe may be given only to a chavair.47 Therefore if the produce was [the second tithe of] demai, he may make such a stipulation with a common person as well.48
It is permitted to transfer the holiness of produce from the second tithe to produce or money belonging to a common person. We are not concerned that perhaps they are from the second tithe.49
Halacha 14
[The following laws apply when a person] sets aside a dinar from the second tithe to [which to transfer the holiness of food that] he eats continuously. If he proceeded to do so to the extent that less than a p'rutah's worth [of its value] remained [consecrated],50 the coin is considered as ordinary money.51
When does the above apply? With regard to [the second tithe of] demai.52With regard to produce that is definitely of the second tithe, [the coin] is not considered as ordinary money until less than a p'rutah's worth [of its value] remained [consecrated] after a fifth was added to it, e.g., less than four fifths of a p'rutah's worth [of its value] remain.53
Halacha 15
[The following laws apply when people who are] ritually impure and others who are ritually pure were eating together in Jerusalem and those who were ritually pure desired to [use their money from] the second tithe for food. They should place a sela from the second tithe aside and say: "The holiness of thissela is transferred to everything which those who are ritually pure eat."54 Thesela is then considered as ordinary property, for they eat and drank its value in a state of ritual purity. [This applies] provided the people who are impure do not touch the food55 and thus cause it to contract impurity.
FOOTNOTES
1.
I.e., the sacred quality of the second tithe no longer applies to it. It is as if the seller gave it to him as a present.
In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that when a seller is not meticulous in his business dealings and thinks that he sold only the meat and does not think about the hide, none of the money of the second tithe was use for the hide. Hence, the hide is considered as ordinary property.
2.
For a merchant is careful about getting a full price for his merchandise and will make sure to include the value of the hide in the price. Since the person will be using the money from the second tithe for the purchase, that purchase will also encompass the hide. Hence the hide is considered as the servants and land mentioned in Chapter 7, Halachah 17, and one must eat an equivalent amount of food in Jerusalem. Although ordinarily, one may not purchase non-food items with money from the second tithe, in this instance, an exception is made, because the meat cannot be purchased without the hide. See Radbaz.
3.
But not while they are open as the Rambam continues stating.
4.
I.e., like the sale of the hides mentioned in the previous halachah, when an ordinary person buys or sells wine, he does not take the value of the jugs into consideration. For the container is considered as subservient to the wine it contains. Indeed, the flavor of the wine is somewhat dependent on its container. Accordingly, the two are considered as a single entity. (See Eruvin27b which derives this concept through Biblical exegesis.) Hence, the money of the second tithe is not used for the containers.
5.
By opening the jugs, the seller indicates that he desires to consider the jugs independently [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 3:13)]. By opening a jug, the seller indicates that he wants the purchaser to pour it into his own containers.
6.
Since he is selling the wine at an exact fee per measure, he is not including the price of the jug in the price of the wine (Kessef Mishneh).
7.
As mentioned above, opening the container is an indication that the container should be considered as an independent entity.
8.
Since it is customary in this place to sell the containers open, even if one sells them while sealed, he is considered to have followed the general practice of considering the container as a separate entity.
9.
Following the same reasoning as in Halachah 1.
10.
I.e., the basket.
11.
For the fruit is sold independently of the baskets (Radbaz).
12.
For they are obviously secondary to the fruit within them. Even a merchant is not concerned about them. Hence, one may benefit from them without worrying about purchasing their worth in food to be eaten in Jerusalem.
13.
The dates together with the branches from which they are suspended.
14.
Since the dates are crushed, the container is obviously subservient to them, for they could not be sold without it. Hence, it is not considered as a separate entity.
15.
For the containers are considered as subservient to the dates.
16.
As opposed to other liquids as indicated by the conclusion of the halachah.
17.
We are speaking about a person using his own jugs. Nevertheless, the term "lends" is used because the person desires to retain possession of the jugs as ordinary property. He is merely "lending" them temporarily to be used for the second tithe. In his Commentary to the Mishnah (Ma'aser Sheni3:12), the Rambam writes that the person must make an explicit statement of the above intent.
18.
I.e., he stored wine from which the second tithe had not been separated in jugs and then desired to set aside several jugs as the second tithe. This reflects a reversal of the Rambam's understanding in his Commentary to the Mishnah (loc. cit.). The Radbaz explains, however, that the two rulings are not contradictory.
19.
Thus after the wine is poured out from them, he may use the jugs as ordinary property, without any further measures.
20.
For the wine and the container have an integral relationship as mentioned above. Indeed, our Sages compare it to separating wine in its jug to separating fruit in its peal. Thus if the value of the wine is transferred to money, the value of the jugs must also be included (Radbaz). Nevertheless, if one drinks the wine, the jug is no longer considered as consecrated to the second tithe and may be used for other purposes (Rambam LeAm).
21.
A measure of 86 or 150 cc depending on which Rabbinic authority one follows.
22.
By putting ordinary wine in the jug, he indicates that he does not desire that the jug be acquired by the second tithe.
23.
I.e., brine that was purchased with money from the second tithe.
24.
For in contrast to wine and its containers, the containers of these liquids are not necessary for the liquid itself and are always considered as separate from them.
25.
Since the animal was never eaten, the hide is not considered as a separate entity. Thus since it and the animal are consecrated with the holiness of the second tithe, they must be buried. The deer may not be redeemed, because "we do not redeem consecrated entities in order to use their meat to feed dogs [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 3:11); Hilchot Issurei Mizbeiach 2:10]. Rabbi Akiva Eiger questions this ruling, citing sources which indicate that in similar circumstances, the hide can be considered a separate entity and should be redeemed.
26.
See Chapter 2, Halachah 8; Chapter 7, Halachah 1. Needless to say, this same law applies when a person purchases meat and later that meat becomes impure (Radbaz, based on the above mishnah).
27.
In other words, the person set aside money that was consecrated from the second tithe. Nevertheless, instead of using that money, used ordinary money with the intent that the holiness associated with the second tithe by transferred to the ordinary money as that money was spent to purchase food.
28.
The Rambam is obviously speaking in hyperbole. The ordinary exchange rate of adinar is six me'ah (Hilchot Eruvin 1:12).
29.
I.e., he must use half a dinar for food. Now, however, he value of that half a dinar inme'ah has doubled. The rationale is that the value of the coinage from the second tithe is calculated at the time and place it is transferred.
30.
Again, he is using half a dinar, but now the value of that half a dinar in me'ah has been halved.
31.
The Rambam's wording has attracted the attention of the commentaries who note that there is no Biblical verse which uses that exact wording. See Leviticus 27:19 which uses somewhat similar expressions.
32.
The Rambam's wording has attracted the attention of the commentaries. Seemingly, the reason for the Rambam's ruling is that once the purchaser performed meshichah, he acquired the produce. Hence, when he pays for it, he pays the price at the time of its acquisition. This is not implied by the Rambam's wording. Indeed, as the Ra'avad emphasizes, the Rambam's wording implies the very opposite.
33.
I.e.., he must eat the entire amount of produce according to the stringencies required of produce of the second tithe. One might think that the purchaser would profit from the rise of the value of the produce, i.e., he could eat half of it as the second tithe and use the other half as his private property. Hence, the Rambam clarifies that this is not so. The Radbaz explains the Rambam's wording, explaining that the transfer of the holiness does not take place until he pays the money, but that afterwards, the produce is acquired by the second tithe according to its price at the time of acquisition.
34.
I.e., since he drew the produce into his possession when it was worth two selaim, he must pay that amount to the seller. Nevertheless, he may not pay that entire amount from the money of the second tithe, because now the produce is not worth that amount. Indeed, if the purchaser would give the seller the second sela from the money of the second tithe, the holiness of that money would not be transferred to the produce and the seller would be obligated to use it to purchase food which he would eat according to the stringencies of the second tithe.
35.
In his Commentary to the Mishnah (Ma'aser Sheni 4:6), the Rambam explains the rationale for this ruling. Since we are speaking about demai, there is only a question if there is a prohibition involved. Accordingly, since a common person is more lax in his observance and will violate even more severe prohibitions, we assume that he is not precise in his observance ofdemai. Hence, it can be given to him. The commentaries question that explanation, for even though he is not careful in his observance, we should not be responsible for him possibly performing a transgression. See Halachah 13 where this concept is also mentioned.
36.
I.e., the entire amount of produce is considered as produce of the second tithe, because as soon as the money from the second tithe is paid, its holiness is transferred to the produce.
37.
I.e., were it ordinary produce, the law would be that the seller should keep his word and complete the transaction. Nevertheless, since according to Rabbinic Law, a transaction is not completed with the payment of money, but rather when the purchaser draws the object into his possession, the purchaser does have the option of retracting. If he does so, however, he must be given the adjuration mi shepara(Hilchot Mechirah 7:1). Should the seller choose that option and retract entirely, he must treat the produce in his possession as produce of the second tithe. If he still wants to carry out the sale at one sela, he must give the purchaser back a sela. The purchaser must consider all the produce as the second tithe, but the sela he was given is ordinary money.
38.
I.e., the entire amount of produce is considered as produce of the second tithe, because as soon as the money from the second tithe is paid, its holiness is transferred to the produce.
39.
I.e., the holiness of the second tithe is transferred to the produce. Nevertheless, from the financial point of view, the purchaser has the option of accepting the adjuration mi shepara and retracting from the transaction. If he takes that option, the seller must return the two selaim to him and from that time on, he may treat them as ordinary money. And the seller must treat the produce as produce of the second tithe.
40.
The exchange of money for produce or vice versa.
41.
I.e., just as a business transaction is completed when the purchaser draws it into his possession, the transfer of the holiness of the second tithe is completed upon the payment of money.
42.
As the Rambam states at the conclusion of the following halachah, the money and the produce to not have to be in the same place when the holiness of one is transferred to the other.
43.
In his Commentary to the Mishnah (Ma'aser Sheni 2:4), the Rambam mentions another general principle that can be derived from this law: the holiness of money in the second tithe can be transferred even when the money is in Jerusalem. As mentioned above, the holiness of produce from the second tithe may not be transferred when that produce is in Jerusalem.
44.
I.e., for purposes other than food, drink, or smearing.
45.
Which he may use at will, in Jerusalem or outside that holy city.
46.
A person who is precise in the observance of the laws of the agricultural laws and the laws of ritual purity. See Hilchot Ma'aser, ch. 10.
47.
For this produce must be eaten in a state of ritual purity and a common person is not precise in his observance of those laws. See Chapter 3, Halachot 8-9.
48.
As mentioned in the notes to Halachah 8, since the obligation above is only Rabbinic in origin, we allow it to be given to a common person even if he might be lax in its observance.
49.
Since the common person is not careful in his observance of the second tithe, one might think that he already separated it from his produce, but is considering it as ordinary produce regardless. Were that the case, one could not transfer the holiness of other produce from the second tithe to it [the Rambam's Commentary to the Mishnah (T'vul Yom 4:5)].
The Ra'avad cites the Tosefta (Ma'aser Sheni 4:9) which places certain limitations on making such a transfer. The Radbaz explains that it is possible that these limitations were not accepted as halachah.
50.
I.e., he continued using that coin to redeem produce from the second tithe until all but less than a p'rutah's worth of the coins value had been used to redeem produce.
51.
And may be used for purposes other than the purchase of food and drink. The rationale is that anything less than ap'rutah's worth of value is not financially significant [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:8)].
52.
Since the obligation is only of Rabbinic origin, we are more lenient.
53.
In that way, when the fifth (one fifth of the new total) is added, the worth of the entire amount will be less than a p'rutah (ibid.).
54.
The Ra'avad [based on the Jerusalem Talmud (Ma'aser Sheni 2:10)] states that we are speaking about a situation where the person says: "When the person eats or drinks what he eats or drinks will be retroactively considered as the second tithe from the present time." It is necessary to make this qualification, because otherwise, at the time he eats or drinks, he will be partaking of ordinary food and the consecration would not take effect until the object no longer exists.
The Ra'avad also states that this ruling depends on the principle of bereirah, that retroactively the status of an object can be changed. The Radbaz and the Kessef Mishneh note that there is somewhat of a difficulty in ascribing such a position to the Rambam, for the Rambam maintains that in questions of Scriptural Law, the principle ofbereirah does not apply. The Radbaz explains that since there is no prohibition involved, merely the question of when the transfer of holiness takes effect, all authorities agree that the principle ofbereirah applies.
55.
In certain instances, they may, however, touch the container in which the food is stored. See Ma'aser Sheni 2:10 and the Rambam's commentary for more details.
The commentaries suggest that the restrictions mentioned in Hilchot Ma'achalot Assurot 9:21 should also be observed.
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• 3 Chapters: Ishut - Chapter Eleven, Ishut - Chapter Twelve, Ishut - Chapter Thirteen• English Text | Hebrew Text | Audio: Listen | Download• Ishut - Chapter Eleven
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Halacha 1
[The following laws apply when a man] weds a virgin who was widowed or divorced or who underwent the rite of chalitzah.1If she was widowed or divorced or underwent the rite of chalitzah after erusin alone, the ketubah [to which she is entitled from her second husband] is 200 zuz. If, however, she had been wed, the ketubah [to which she is entitled from her second husband] is 100 zuz. Once she is wed, she is considered to be a non-virgin.2
Similar [rules apply when a man] weds a virgin [bride] who is [a Canaanite maidservant] who has been freed, who is a convert, or who was held captive [by gentiles and freed]. If the maidservant had been freed, the convert had converted, or the women held captive had been redeemed before they reached the age of three years and one day,3 they are entitled to a ketubah of 200 zuz. If [this took place after they reached that age, their ketubah is [only] 100 [zuz].
Halacha 2
Why did our Sages ordain that these women receive a ketubah of [only] 100 [zuz] even though they are virgins? Because it is a presumption that can be accepted as fact that a woman who is wed will engage in marital relations, and similarly, that a maidservant, a gentile woman and a woman held captive by gentiles will have engaged in relations. Hence, they ordained that such women would be entitled to [only] 100 [zuz],whether they engaged in relations or not. With regard to all matters, they are considered to be non-virgins.
Halacha 3
A mukat etz4 [is granted] a ketubah of 100 [zuz]. Even if [her husband] wed her under the presumption that she was a virgin and then he discovered that she was a mukat etz, she is entitled to a ketubah of 100 [zuz].5
When a girl of less than three years of age engages in sexual relations, even when her partner is an adult male, she [is entitled to] a ketubah of 200 [zuz]. Ultimately, she will heal and be a virgin like all others.
Similarly, when a boy below the age of nine engages in sexual relations with an adult woman, she [is entitled to] a ketubah of 200 [zuz], as if she had never engaged in relations.6 For it is only after a boy reaches the age of nine years and one day that relations with him are of consequence. Before that age, they are of no consequence.
Halacha 4
Whether a virgin is a bogeret,7, blind,8 or an aylonit,9 she [is entitled to] aketubah of 200 [zuz]. By contrast, no provision was made for a ketubah for a woman who is a deaf mute or mentally incompetent. [The rationale is] that no provision has been made for the marriage of a mentally incompetent woman at all.
With regard to a woman who is a deaf mute, although our Sages made provision for her marriage, they did not entitle her to a ketubah, so that a man would not refrain from marrying her. Just as she is not entitled to a ketubah, so too, [her husband] is not [obligated to provide] her with her livelihood or grant her any other [of the ordinary] conditions of the marriage contract.
If one wed a woman who was a deaf mute and her difficulty was remedied, she is entitled to a ketubah and to the other conditions of the marriage contract. [The amount of] her ketubah is 100 zuz.10
Halacha 5
When a man marries a woman who is a deaf mute or mentally incompetent and writes her a ketubah for 10,000 [zuz], the obligation is binding; it was he who desired to diminish his assets.
Halacha 6
[The following rules apply when] a deaf mute or a mentally incompetent man married a woman who was mentally competent. Even if afterwards the deaf mute's disability disappears and the mentally incompetent person gains stability, they are under no obligation to their wives. If, however, [the men] desire to remain [married] to [the women] after their own wellbeing has been restored, [the wives] are entitled to a ketubah, and its value should be 100zuz.
If the deaf mute's marriage was made by the court, and they write [his wife] aketubah against his assets, she is entitled to everything that the court has prescribed for her. A court will not arrange a marriage for a mentally incompetent person at all. Since the sages' injunction will not be maintained in his instance,11 they did not ordain marriage for him at all.
Similarly, our Sages did not ordain marriage for a male below the age of majority; [the rationale is that] ultimately he will gain the potential to enter into a comprehensive marriage bond.
Why then did they ordain marriage for a girl below the age of majority12although she too will ultimately gain the potential for a comprehensive marriage bond? So that she will not be treated in a wanton manner.13
A youth should not be [allowed to] marry until he has been examined, and it has been determined that he has manifested signs of physical maturity.
Halacha 7
When a male below the age of majority marries a woman, she is not entitled to a ketubah, even if he is already nine years and one day old. If he attains majority and remains [married] to her, she is entitled to the fundamental requirement of the ketubah.14
Similarly, when a man converts together with his wife, she is entitled to aketubah [of 100 zuz]. It was with this intent that he maintained their marriage.15
Halacha 8
Whenever a virgin bride is entitled to a ketubah of 200 [zuz], there is [the possibility of issuing] a claim against her, [denying] her virginity. Whenever, by contrast, a bride is entitled to a ketubah of [only] 100 [zuz],16 or the Sages did not entitle her to a ketubah at all,17 there is no [possibility of issuing] a claim against her [denying] her virginity. [Similarly,] if [a groom] enters into privacy with his arusah before their wedding, there is no [possibility of issuing] a claim against her [denying] her virginity.18
Halacha 9
What is meant by a claim [denying a woman's] virginity? [A man] married a woman on the assumption that she was a virgin, and [after the wedding] claims that he did not find signs of virginity. For there are two signs of virginity: a) [hymenal] bleeding at the conclusion of her first sexual experience; b) tightness that is felt during sexual relations at that time.19
Halacha 10
When [a man] weds a virgin who is granted a ketubah of 200 [zuz], and claims that he did not discover signs of her virginity, the woman is questioned [regarding the matter]. If she says, "It is true that he did not find me a virgin, but this is because I fell, and I was struck by a piece of wood or the ground, and my hymen was damaged," her word is accepted and she is entitled to aketubah of [100 zuz].20
Halacha 11
If [the woman] says, "It is true that he did not find me a virgin, for another man raped me after I had been consecrated by him," her word is accepted, and she is entitled to a ketubah of 200 [zuz] as before.23
If [her husband] claims: "Perhaps you were raped before you were consecrated, and the agreement I entered was based on false premises. Or perhaps you willingly engaged in relations after you were consecrated" [his claim is not accepted]. He may, however, have a ban of ostracism issued conditionally against anyone who makes a false claim to have him incur a financial obligation for which he is not liable.
Halacha 12
If he claims, "I did not find her a virgin," and she claims, "He has not had intercourse with me and I am still a virgin," she should be examined. Alternatively, he should have relations with her under the surveillance of witnesses [and the truth will be clarified].24
If she claims, "He had relations with me and he found me a virgin like all others, and his claim is false," he is questioned [and asked to clarify his statements]. We ask him: "Why do you say that she was not a virgin?" If he answers: "Because she did not have hymenal bleeding," we check her family [history]. Perhaps [the women of] this [family] are known not to have [vaginal] bleeding at all: neither menstrual bleeding nor hymenal bleeding. If this was found to be true, we presume [that she was a virgin, and she is entitled to aketubah of 200 zuz].
If the women in her family are not known to have such a condition, we check her [physical state]; perhaps she is afflicted by a serious infirmity that has parched her body's natural fluids, or [perhaps] she was afflicted by hunger. Therefore, we have her bathe, eat and drink until she becomes healthy. At which point, [the couple] engage in relations again to see if she manifests hymenal bleeding or not.
If she is not hampered by sickness, hunger or the like, the [husband's] claim that she was not a virgin [is accepted]. [This applies] even if he felt tightness during relations. Since there was no hymenal bleeding, her hymen was not intact. For every virgin will manifest hymenal bleeding, whether she is a minor or above the age of majority, whether a na'arah or a bogeret, unless [this is prevented by an external factor,] illness or the like, as explained.
If [the husband] said: "[I claim that she was not a virgin,] because I did not feel tightness [during intercourse]. Instead, I found an open passageway," we inquire with regard to [the woman's] age. Perhaps she is a bogeret, and mostbogrot do not have tightness that can be felt substantially [during intercourse], for as she grew older [the adhesion of] her limbs lessened, and the virginal [tightness] disappeared.
If she had not become a bogeret yet, we ask him: "Perhaps you leaned on the side or [entered] gently25 during intercourse, and therefore you did not feel any tightness?" If he replies: "No. I found an open passageway," [his] claim that she was not a virgin [is accepted] with regard to any woman who has not reached the age of bagrut, regardless of whether she was a minor or ana'arah, or whether she was healthy or sick. For the vaginal channel of every virgin is closed. Even if she manifests hymenal bleeding, she is not considered to be a virgin, because the vaginal channel was open.26
Halacha 13
There are geonim who rule that for a bogeret, the claim that she did not have hymenal bleeding is not valid, but the claim that her vaginal channel was open is valid. This does not appear [to be based on the proper text of] the Talmud. They had inaccurate versions of the text. I have investigated many texts, including those of an early era,27 and I have discovered the version to be as I ruled. For a bogeret, the only valid claim is [that she did not manifest] hymenal bleeding.28
Halacha 14
Our Sages were those who instituted the fundamental requirement of a marriage contract for a woman and they also instituted [the following consideration]: Whenever [a man] makes a claim that his wife was not a virgin, and the woman disputes his claim, [the husband's claim] is accepted. It is the woman's responsibility to bring support for her claim, not the man's. [The rationale is] that we assume that a man will not labor to prepare a [wedding] feast and then mar it, turning his celebration into mourning.29
Halacha 15
Until when may a husband issue a claim denying his wife's virginity? If [the couple] went into privacy, only immediately [thereafter].30 If they did not enter into privacy, he has this option even after 30 days.
Halacha 16
All the geonim have ruled that our Sages' statement that the husband's statements are accepted even though his wife disputes his claim applies only with regard to nullifying the obligation for the fundamental requirement of the marriage contract. Nevertheless, the woman is entitled to the additional amount [to which her husband committed himself]31 unless there is clear proof that she was not a virgin, or she admitted that she was not a virgin before she was consecrated and that she deceived him.
Therefore, [the husband] may require her to take an oath while holding a sacred article,32 as must be done by all others who must take oaths before they collect [the money due them].33 Afterwards, she may collect the additional sum.
She, by contrast, does not have the option of requiring him to take an oath that he did not discover her to be a virgin, before she must forfeit the fundamental requirement of the marriage contract, for it is a presumption accepted as fact that a person will not labor to prepare a [wedding] feast and then mar it. She may, however, have a ban of ostracism issued conditionally, applying to anyone who lodges false claims against her.
Halacha 17
If [the husband] desires to remain married to [his wife] after causing her to forfeit the fundamental requirement of the marriage contract, he must write her [a new ketubah for] 100 [zuz]. For it is forbidden for a man to live with his wife for even one moment without a ketubah, as we have explained.34
FOOTNOTES
1.
I.e., the woman had been consecrated or wed, but before she and her husband engaged in marital relations, she was either widowed or divorced.
2.
Even if there are witnesses to the fact that her husband died directly after they entered the chuppah (Ketubot 11a).
3.
The rationale is that even if a woman engaged in sexual relations before the age of three, her hymen will grow back, as stated in Halachah 3, based on Ketubot 11b.
4.
Literally, "one struck by a piece of wood," a woman who claims that she did not have hymenal bleeding at the time of her first sexual experience, because she had previously been "struck by a piece of wood" and caused to bleed at that time. As mentioned in Halachah 10, the term is used to refer to any woman who claims that her failure to have hymenal bleeding resulted from causes other than intercourse.
5.
Although one might think that the marriage would be annulled, because the husband was operating under a misconception (מקח טעות), Ketubot 11b rules that this is not so. As long as she had not engaged in sexual relations previously, their marriage is binding.
6.
The Shulchan Aruch (Even HaEzer 67:4) follows the ruling of Tosafot, Ketubot 11b, who explain that this law applies only when the woman's hymen remains intact despite these relations.
7.
This point is necessary to mention because of the factors stated in Halachah 12.
8.
Ketubot 36b explains that we are afraid that such a woman might have suffered hymenal bleeding from causes other than intercourse, but will not have noticed the fact.
9.
Rashi (Ketubot 36a) explains that since anaylonit is considered a bogeret, this point must be clarified, as it must with regard to abogeret. The above ruling applies only when the husband was aware that the woman was an aylonit. If he was not aware of that fact, the woman is not entitled to a ketubah at all, as explained in Chapter 24, Halachah 2.
10.
Even if she was a virgin at the time of their original marriage, at present she is not a virgin.
11.
I.e., a marriage between a mentally incompetent man and an ordinary woman will constantly be pained by strife and will not last. In contrast, a deaf mute is more passive, and his household will not necessarily be characterized by friction (Yevamot 112b).
12.
This refers to a girl who has been orphaned of her father, or who was divorced after being wed. The Torah - and not our Sages - gives a father the right to consecrate his daughter before she becomes a na'arah.
13.
If the girl remains unmarried, the prohibitions against relations with her are not as severe, and the Sages feared that they would not be upheld. If she were allowed to marry, the prohibition against adultery would be respected, and she would be treated differently. Moreover, her husband will guard against her association with other men.
14.
I.e., only the fundamental requirements of the ketubah, but not any additional amount that the youth added to the marriage contract, unless he renews that commitment after he reaches majority. Otherwise, that commitment - like any commitment made by a minor - is of no substance. Moreover, he is obligated for the fundamental requirement of the ketubah only when he engaged in marital relations with his wife after he attained majority. If not, the marriage - and thus the marriage contract - is of no consequence.
With regard to the fundamental requirements of the ketubah, the Rambam writes in his Commentary on the Mishnah (Ketubot 9:8) that she is entitled to either 200 or 100 zuz, depending on her status at the time of the wedding.
15.
Rabbenu Asher differs and maintains that the laws applying to a convert are the same as those applying to a minor. Both opinions are alluded to by the Shulchan Aruch (Even HaEzer 67:11). (See the Beit Shmuel 67:12, which explains the Rambam's position: Even if a convert made a commitment of more than 100 zuz to his wife, any sum above 100zuz is considered to be an addition to theketubah and is therefore no longer binding when the convert accepts his new status as a Jew.)
16.
I.e., even a woman who was widowed after the wedding, before engaging in relations with her husband. Even though her second husband marries her under the impression that she is a virgin, there is no possibility of issuing such a claim against her.
17.
The obligation to grant a virgin bride aketubah of 200 zuz is Rabbinic in origin. At the same time that our Sages instituted that obligation, they granted the husband a safeguard: that his word would be accepted with regard to a claim denying the woman's virginity. In these instances, since the woman was not granted the additional money, the safeguard provided by the Sages also does not apply (Maggid Mishneh).
18.
We suspect that the groom had relations with her and later forgot the matter (Rashi,Ketubot 9b). See also note 30.
19.
As stated in the following halachot, unless there are other factors that support the woman's position, as will be explained, the husband's claim is accepted. We assume that the husband would not go to the time and expense of preparing a wedding feast and then mar the celebration by denying his wife's virginity unless the claim were true (Ketubot 10a).
20.
Unless there are witnesses who can testify that the woman engaged in relations previously, the only question before the court is the amount of the woman's ketubah. She is permitted to remain married to her husband, because there is no proof that she willingly engaged in sexual relations with another person after she was consecrated. (See Hilchot Issurei Bi'ah 18:10.)
An exception to the above is a woman married to a priest. Issuing a claim questioning her virginity places the entire foundation of their marriage in doubt.
21.
I.e., the husband claims that he has entered into a mekach ta'ut, an agreement based on false premises. He had desired to marry a virgin, and he was not prepared to marry a woman who had had relations with another man. Therefore, he desires to have the marriage annulled entirely.
22.
I.e., he is not certain that she had engaged in relations with another man. In all matters of Torah law, whenever one person has a claim that is absolute (bari, in this instance the woman's claim that her hymen was damaged by factors other than intercourse) and one that is not absolute (shema, the man's claim), the claim that is absolute is accepted.
23.
Since she was raped against her will, she is not forced to suffer a loss and is entitled to the full amount of the ketubah.
24.
The intent is not that witnesses should observe the couple engaging in relations. This is forbidden, as stated in Chapter 14, Halachah 16. Instead, the intent is that they should inspect the sheet before and after the couple engage in relations for signs of hymenal bleeding.
25.
Other authorities (and their opinion is quoted in the Shulchan Aruch, Even HaEzer 68:6) state: "Maybe you did not enter gently?" - i.e., because of the husband's hurry to complete the sexual act, he did not feel the tightness.
The Ramah (loc. cit.) quotes the opinion of Rabbenu Asher, who states that the claim: "I discovered an open passageway," can be made only by a man who has been married before. If he was not married before, he would not have the experience to know the difference between virginal tightness and a non-virgin's state.
26.
The Ramban and the Rashba state that the claim that the woman's vaginal channel was open can be made only in an instance in which the sheet on which the couple had relations was lost. If, however, the sheet is available, it should be inspected. If it has signs of blood, she is considered a virgin; and if not, she is not. This opinion is mentioned in the Shulchan Aruch (loc. cit.), but does not appear to have been accepted.
27.
See Hilchot Malveh V'Loveh 15:2, where the Rambam states that he had available texts of the Talmud that were almost 500 years old. These would have been written approximately 200 years after the time of the Talmud's composition.
28.
The Rambam's ruling is substantiated by our text of the Talmud (Ketubot 36b) and the ruling of the Shulchan Aruch (Even HaEzer68:3). The differing opinion mentioned by the Rambam is that of Rabbenu Chanan'el.
29.
Based on this rationale, the Maggid Mishnehmentions opinions that state that the man's word is accepted only when he prepared the wedding feast. If he did not, the woman's word is accepted.
30.
We assume that the couple had relations and he discovered her to be a virgin. The fact that he issued a claim against her afterwards stemmed from discontent for other reasons, without any connection to her personal state.
31.
Although there are authorities (among them Rabbenu Asher) who offer reasons why the husband's word should be accepted in this instance as well, the prevailing view (and the ruling of the Shulchan Aruch, Even HaEzer68:8) follows the Rambam's decision. The rationale is that the fundamental requirement of the marriage contract is a Rabbinic injunction, and the same authority that obligated the husband to meet this requirement rescinded it when he lodged a claim denying her virginity. The additional amount, by contrast, is a present to which the husband voluntarily obligated himself, and that obligation may be nullified only if it is proven that it was made under false premises.
32.
See Hilchot Sh'vuot 11:8, which states that such an oath is administered while the person is holding a Torah scroll. Significantly, the Rambam's ruling here represents a change of mind from his statements in his Commentary on the Mishnah (Ketubot 1:3), where he states that in such a situation the woman is required to take merely a sh'vuat hesset, a less severe oath.
33.
I.e., the situation is analogous to a person who holds a promissory note and may be asked to take an oath that it is valid before he can collect it, as explained in Hilchot Malveh V'Loveh 14:2-3.
34.
Chapter 10, Halachah 10.
Ishut - Chapter Twelve
Halacha 1
When a man marries a woman, whether she is a virgin or a non-virgin, whether she is above the age of majority or a minor, and whether she was born Jewish, is a convert or a freed slave, he incurs ten responsibilities toward her and receives four privileges.1
Halacha 2
With regard to his ten responsibilities: three stem from the Torah. They includesha'arah, kesutah v'onatah.2 Sha'arah means providing her with subsistence.3 Kesutah means supplying her with garments, and onatah refers to conjugal rights.
The seven responsibilities ordained by the Rabbis are all conditions [of the marriage contract] established by the court. The first is the fundamental requirement of the marriage contract. The others are referred to as t'na'ei ketubah, the conditions of the marriage contract. They are:
a) to provide medical treatment if she becomes sick;
b) to redeem her if she is held captive:
c) to bury her if she dies;
d) the right for her to continue living in his home after his death as long as she remains a widow;
e) the right for her daughters to receive their subsistence from his estate after his death until they become consecrated;
f) the right for her sons to inherit her ketubah in addition to their share in her husband's estate together with their brothers [borne by other wives, if she dies before her husband does].
Halacha 3
The four privileges that the husband is granted are all Rabbinic in origin. They are:
a) the right to the fruits of her labor;
b) the right to any ownerless object she discovers;
c) the right to benefit from the profits of her property during her lifetime;
d) the right to inherit her [property] if she dies during his lifetime. His rights to her property supersede [the rights of] all others.4
Halacha 4
Our Sages also ordained that the fruits of a wife's labor should parallel her subsistence, [the obligation to] redeem her should parallel [the right to] the benefit from her property, and [the obligation to] bury her should parallel [the right to] inherit [the property mentioned in] her ketubah.
Therefore, if a woman says: "I will not [hold you obligated for] my subsistence, but I will not work,"5 she is given this option, and she cannot be compelled to work.6 If, however, her husband says: "I will not provide for your subsistence, and I will not receive the right to the fruits of your labor," he is not given this option, lest the woman be unable to earn her subsistence.7 Because of this institution, [the obligation to provide for a woman's] subsistence is considered to be one of the t'na'ei ketubah.8
Halacha 5
Whether or not these matters were written in the marriage contract - indeed, even if a marriage contract was not written and the couple merely married - once they marry, the husband is granted the four privileges mentioned, and the woman is granted the ten rights mentioned. There is no need to state them explicitly.9
Halacha 6
If the husband made a stipulation that he would not be responsible for one of these obligations - or the wife made a stipulation that [her husband] would not be granted one of these privileges - [and the other party agreed,] the stipulation is binding,10 with the exception of three matters with regard to which it is impossible for a stipulation to be made. Indeed, if a stipulation is made with regard to these three matters, it is of no consequence. These [three] are: [the woman's] conjugal rights, the fundamental requirement of the marriage contract and [the husband's right] to inherit [his wife's property].
Halacha 7
What is implied? If [the groom] made a stipulation with his bride that he is not obligated to give her conjugal rights, his stipulation is of no substance. For he has made a stipulation against what is written in the Torah, and the stipulation does not concern financial matters.11
Halacha 8
When a man makes a stipulation to reduce the amount of the fundamental requirement of the marriage contract - or he writes a ketubah for either 200 or 100 [zuz], but she writes that she has already received a portion of the sum, when in fact she did not12 - his stipulation is of no substance.13 For whenever a person establishes a marriage contract with a virgin for less than 200 [zuz] or with a non-virgin for less than 100 [zuz], the sexual relations [he conducts with his wife] are considered promiscuous.14
Halacha 9
If he makes a stipulation after he weds her15 that he will not inherit her property, his stipulation is of no consequence. Although the husband's [right to] inherit [his wife's property] is a rabbinic institution, [our Sages] reinforced their edict, [giving it the power of a statute of] the Torah.
With regard to [the Torah's statutes of] inheritance, all stipulations that are made are of no consequence, despite the fact that financial matters are concerned, as [derived from Numbers 27:11]: "the statutes of judgment."16
With regard to other [aspects of the marriage contract], a stipulation [made by the husband and accepted by his wife] is binding. For example, if he made a stipulation that he is not obligated to supply her with her subsistence or with clothing, or that he would not receive the benefits from her property, his stipulation is binding.
Halacha 10
What is the amount that is designated for a woman's subsistence? We allot her bread for two meals every day, according to the norm of the people of her town, for a person who is neither sick nor a glutton.
The allotment is also made according to the type of bread eaten as a staple in that locale, be it wheat or barley, or rice, millet, or other grains, as is customary [in that locale]. Similarly, she is allotted other foods that are eaten together with bread - i.e., legumes, vegetables and the like. [She is also allotted] oil for food and to light a lamp and also fruit. She is also [allotted] a small amount of wine, if it is the local custom for women to drink wine.
Halacha 11
To whom does the above apply? To a poor Jewish man. But if the husband is wealthy, [the support he is required to provide his wife is apportioned] according to his wealth. If he is wealthy enough to provide her with several dishes of meat each day, he is compelled to do so, and she is allotted [subsistence] commensurate with his wealth.
Halacha 12
Halacha 13
When a woman has been allotted subsistence, and [the entire allotment was not used], the remainder belongs to her husband.23
If her husband is a priest, he is not entitled to provide her with all her provisions from terumah. [He is not given this option] because it is very difficult for her to protect [the terumah] from contacting ritual impurity, and to eat it while ritually pure [herself].24 Instead, he should give her half her provisions from ordinary [food] and half from terumah.
Halacha 14
Just as a man is required to provide his wife with her subsistence, he is required to provide for the maintenance of his children, both male and female, until they reach the age of six.25Afterwards, he should continue to provide for their maintenance until they reach majority, as ordained by our Sages.26
If, however, he does not, he should be rebuked and embarrassed publicly, and appeals should be made to him. If he [persists in his] refusal, a public announcement is made with regard to him: "So and so is cruel and does not desire to provide for the maintenance of his children. He is worse than an impure bird, which does provide for its chicks." Nevertheless, he should not be compelled to provide for the maintenance [of children] six and older.
Halacha 15
To what does the above apply? To a person who is not known to have resources, and it is not known whether or not he is capable of giving charity. If, however, he has resources and he possesses the means to give an amount to charity that would provide for [his children's] needs, his property is expropriated against his will27 for the purposes of charity,28 and [his children's] needs are provided for until they reach majority.
Halacha 16
When a person travels to another country [and leaves his wife behind], [the following rules apply] should his wife come to court to place a claim [against her husband] for her subsistence. For the first three months from the day her husband departed, she is not given an allotment for her subsistence. [The rationale is that] it is an accepted assumption that a person does not depart without leaving provisions for his household.29
Afterwards,30 an allotment is made for her subsistence. If her husband owns property, the court expropriates his property and sells it to provide for his wife's subsistence. [When doing so,] no account is made for his wife's earnings until her husband comes.31 If it is discovered that she earned [money during the time that he was away], he is granted that sum.
Moreover, even if the matter is not taken to court, and instead the woman sells [her husband's property] on her own32 in order to pay for her subsistence, the sale is binding. There is no need for a public announcement [regarding the sale of the property].33 Similarly, the woman is not required to take an oath [that her husband did not leave her money] until her husband comes and lodges a claim [against her], or until she comes to claim [the money due her, as stated in her] ketubah in the event of her husband's death. [In the latter instance, together with the oaths she is required to take to collect her ketubah,]34 on the basis of the principle of gilgul shevu'ah,35 [she is also required to take an oath] that she did not sell [any more of her husband's property than] was necessary for her subsistence.
Halacha 17
Just as the court [expropriates and] sells [the property of] a husband who travelled [to another country to provide for] the subsistence of [his] wife, so too, it [expropriates and] sells property to provide for the subsistence of his sons and daughters who are six years old or less. If, however, they are more than six [years old], [the court] does not provide for their subsistence from his property when he is not present, even when he is reputed to have means.36
Similarly, when a person loses his mental faculties, the court expropriates his property and sells it to provide subsistence and other necessities for his wife and his children below the age of six.37
Halacha 18
Some geonim ruled that an assessment should not be made for the subsistence of a woman whose husband journeyed overseas, or who died, unless she evinces possession of her ketubah document. If she does not evince possession of her ketubah, she is not entitled to subsistence. Perhaps she has already received payment for her ketubah from her husband, or perhaps she forfeited her ketubah in his favor, as will be explained.38 Others maintain that an assessment is made on her behalf for her subsistence, for we accept it as a presumption that she neither received payment for nor forfeited [her ketubah]. Hence, she is not required to show her ketubah [when presenting her claim].
I favor [the latter view] with regard to [a woman] whose husband has departed,39 since her claim to her subsistence stems from the Torah itself.40With regard to a woman whose husband died, however, she is not entitled to her subsistence until she brings her ketubah, for she [derives her subsistence] by virtue of a rabbinic enactment. Furthermore, her subsistence is paid from property belonging to [her husband's] heirs, and [the court] always advances claims in support of the interests of an heir.41
Halacha 19
If [a woman's] husband departed on a journey, and she borrowed money for her subsistence, [her husband] is required to pay [the debt] when he returns.42
If a person voluntarily took the initiative of providing for her subsistence, when [her husband] returns the husband is not required to pay [that person]. The other person forfeited his money, [the rationale being] that [the husband] did not instruct him to provide for her, nor did she [request the assistance] as a loan.43
Halacha 20
When a husband [who plans to] depart on a journey tells his wife: "Use your earnings to purchase your subsistence," she has no [right to demand] her subsistence [from him afterwards]. For if she had not accepted this agreement, and she had not felt confident, she could have issued a claim against him, or told him, "My earnings are not sufficient for me."44
Halacha 21
[The following rule applies if] the woman took the matter to court and was awarded an assessment for her subsistence, the court sold [her husband's landed property] and gave her [the proceeds] - or she sold [the property] herself - and afterwards, the husband came and claimed that he left provisions for her. She is required to take an oath, while holding a sacred article, that he did not make provisions for her [and then she is not held liable].
[The following rule applies when a husband departed on a journey, and the woman] did not take the matter to court, nor sell his property, but instead waited until he returned. [If upon his return there is a dispute,] he claims: "I made [provisions for you]," while she claims, "You did not make provisions. Instead, I borrowed money from this person to provide for myself," he is required to take a rabbinic oath45 that he left provisions for her, and then he is not held liable. She remains responsible for the debt.46
Halacha 22
[In the above instance,] if she sold movable property, claiming that she sold it to provide for her subsistence, and her husband claimed that he had left provisions for her, she is required to take a rabbinic oath that he did not leave her any provisions.47
If she did not issue a claim against him, did not borrow money, and she did not sell his property, but instead strained herself during the day and during the night and earned her livelihood, she is not entitled to any recompense.48
Halacha 23
[The following rules apply when] a man takes a vow that his wife should not derive any benefit from him [or his property]. Whether he specified the span of the vow or did not specify the span of the vow, we grant him an interval of thirty days.49 If the span of his vow is concluded, or even though it is not concluded, but he has his vow annulled, this is acceptable. If not, he must divorce his wife,50 and pay her [the money due her because of] her ketubah.
During those thirty days, she should work and [attempt to] sustain herself [through her labor]. One of [her husband's] friends should provide her51 with those things she needs that she cannot purchase through the fruits of her labor, if the fruits of her labor are not sufficient for her.
Halacha 24
When a person makes a vow [preventing] his wife from tasting one of the species of produce,52 he should be given an interval of thirty days. [If he prolongs the situation] beyond this time, he is required to divorce [his wife] and pay [her the money due her by virtue of her] ketubah. [This ruling applies] even when his vow prevents her from eating undesirable food, or a species that she has never tasted in her life.
[The following rules apply when a woman] took a vow not to partake of a particular species of produce, and [her husband] allowed the vow to stand, or she took a Nazarite vow and he did not annul it.53 If he desires to remain married to her and for her not to partake of this species or to be a Nazarite, he may.54 If, however, he says: "I do not desire a woman with vows," he may divorce her, but he is required to pay her the money due her because of herketubah. [The rationale is that] he had the option to nullify [her vow], and instead, he willingly allowed the vow to stand.
FOOTNOTES
1.
These ten responsibilities and four privileges are all explained in detail in the chapters that follow, through Chapter 23.
2.
These requirements are mentioned inExodus 21:10. The verse forbids a husband from denying his wife these rights. Sefer HaMitzvot (Negative Commandment 262) and Sefer HaChinuch (Mitzvah 46) consider this to be one of the 613 mitzvot of the Torah.
3.
Note the commentary of the Ramban on Exodus (loc. cit.), which interprets sha'arahand kesutah as also referring to conjugal rights and maintains that the obligation to provide a wife with her subsistence and with garments is Rabbinic. Most authorities, however, follow the Rambam's understanding.
4.
The Ra'avad and others maintain that the husband's right to inherit his wife's property stems from the Torah itself. The matter is the subject of a difference of opinion between our Sages (Ketubot 83b), and there is no explicit resolution of the question in the Talmud. Rav Kapach maintains that the early manuscripts of the Rambam's Commentary on the Mishnah (Ketubot 9:1;Bava Batra 8:1) indicate that the Rambam himself originally subscribed to the view mentioned by the Ra'avad and changed his mind later in life. (See also Halachah 9.)
5.
With regard to the other two matters that are linked the husband's obligation to redeem her and to bury her, the woman does not have this option. Although this arrangement was instituted for the woman's benefit, our Sages did not give her a choice regarding these matters, because they desired to ensure that the woman would not be forced to remain in captivity among the gentiles and that she would be buried (Shulchan Aruchand Ramah, Even HaEzer 69:5).
6.
Our Sages instituted this arrangement for the woman's benefit, since a woman's income could not ordinarily provide for her subsistence. Accordingly, the option of whether or not to forego the arrangement is in the woman's hands. If a woman can earn more than her subsistence, she is also entitled to forego the above arrangement.
Even in such a situation, the woman is still responsible for taking care of the household tasks (Maggid Mishneh).
7.
The husband may, however, tell his wife: "Endeavor to earn your subsistence, and I will compensate for whatever deficiency remains" (Ramah, Even HaEzer 69:4).
8.
I.e., although the t'na'ei ketubah are rabbinic in origin, and the obligation to provide for the woman's subsistence is from the Torah, since the linkage of it with her wages is rabbinic, the obligation is considered to be part of the t'na'ei ketubah.
9.
I.e., they are obligations that apply universally and are not dependent on the consent of a particular couple.
10.
The principle upon which this statement is based is that any stipulation to which both parties agree that concerns monetary rights - even those that are granted to a person by the Torah - is binding (Kiddushin 19b). For a person has the option to waive his right to property or privileges that justly belong to him (Rashi, loc. cit.). Therefore, a woman may waive even the rights to her subsistence or clothing that the Torah itself grants her.
11.
Instead, the failure to provide a woman with conjugal rights is considered to cause her physical anguish (Rashi, loc. cit.). Although the Mordechai maintains that conjugal rights can also be considered monetary matters, for it is possible to give a woman enough money that she would be willing to forego her rights, the Rambam's view is accepted by most authorities.
12.
I.e., the woman writes a receipt for part of the sum on her ketubah.
With regard to this instance, the Tur (Even HaEzer 66) differs and maintains that the man is not obligated to pay her the full sum.
13.
Although this is a situation that concerns financial matters, our Sages desired that the fundamental requirement of the marriage contract be a binding institution, and therefore did not allow any modification of this obligation. Hence, the stipulation is nullified.
Note the Maggid Mishneh, who mentions views that differ with that of the Rambam and maintains that if the man desires to divorce the woman, he is not obligated to give her the sum for which the Sages obligated him. It is only when he wants to remain married to her that our Sages enforced their requirement.
14.
The Shulchan Aruch (Even HaEzer 66:9) states that even though the man's stipulations are of no consequence, the sexual relations he conducts with his wife are considered promiscuous, because she may be unaware of the law and not know the amount due her.
15.
A different ruling applies if the stipulation is made between erusin and nisu'in, as explained in Chapter 23, Halachah 6.
16.
See Hilchot Nachalot 6:1.
17.
For a woman is obligated to eat three meals on the Sabbath as a man is (Shulchan Aruch, Orach Chayim 291:6).
Note the slight difference between the Rambam's statements here and those inHilchot Matnot Aniyim 9:13.
18.
A me'ah is one sixth of a dinar (Kiddushin12a). Based on the Rambam's statements inHilchot Shekalim, ch. 1, it is evident that this is a coin of relatively small value, approximately 1.5 grams of pure silver.
19.
The Beit Shmuel 70:7 states that if he can provide her with bread, even if he cannot provide her with other food, he is not obligated to divorce her. (See, however,Chelkat Mechokek 70:12.)
The Chatam Sofer (Even HaEzer, Responsum 131) states that the Rambam's words imply that if the husband cannot support his wife from his own earnings, he is compelled to divorce her, even if she herself has the means to provide herself with subsistence.
20.
The rationale is that since he cannot provide her with subsistence, he is obligated to give her the opportunity to find another husband who can.
The Hagahot Maimoniot question whether the husband can be compelled to seek to hire himself out as a laborer, or the court's only resort is to compel him to divorce his wife. Although that text does not favor either approach, the latter opinion is quoted by the Ramah (Even HaEzer 70:3). The Ramah also mentions the opinion of Tosafot(Ketubot 63a), which states that a husband who has no resources is not compelled to divorce his wife.
21.
I.e., even in a separate dwelling (Rambam's Commentary on the Mishnah, Ketubot 5:9).
22.
In his Commentary on the Mishnah (loc. cit.), the Rambam states that this prerogative may in no way infringe on the husband's obligation to provide his wife with conjugal rights. In addition, he must share the Friday night meal with her, implying that this is for the sake of communication, not only as preparation for marital relations, as understood by some commentaries.
Note the Ramah (Even HaEzer 70:2), who objects to the Rambam's ruling, and states that a man is given this prerogative only if his wife consents.
23.
Note Mishneh LaMelech and the Dagul MeRevavah (Even HaEzer 70), which state that this applies only when the woman purchased her food at a lower price than was originally estimated. If, however, she starved herself and consumed less than was allotted her, she, and not her husband, is entitled to the remainder.
24.
Food that is terumah may not be eaten if it contracts ritual impurity, nor may it be eaten by a person who is himself ritually impure.
25.
Rabbenu Nissim maintains that this obligation is incumbent on a father from the Torah itself, as an extension of his obligation to provide for his wife. Rabbenu Asher, however, maintains that the father's obligation is independent of the marriage bond. Even if he fathers children outside marriage, he is liable for their support.
26.
The obligation to provide for one's children's subsistence until majority was one of the enactments instituted by the Sanhedrin after this body was relocated in Usha in the Galilee after the destruction of Jerusalem. At that time, several enactments were passed to direct the functioning of the Jewish community in this new phase. (See Ketubot49b.)
Today, most rabbinic authorities maintain that because of changes in the socio-economic system, it is proper for a father to continue supporting his children well past the age of Bar or Bat Mitzvah.
27.
As evident from Halachah 17, this applies only when the father is present. The Rambam maintains that a person's property may not be expropriated for this purpose outside his presence.
28.
See Hilchot Matnot Aniyim 10:16, which states:
Although he is not obligated, when a person provides subsistence for his older sons and daughters, so that the males can study the Torah and the females will follow the straight path, . . . it is an act of charity, and indeed, a great act of charity.
And Chapter 7, Halachah 10, of that source, states:
When a person does not desire to give charity, . . . the court compels him, and administers stripes for rebelliousness until he meets the assessment made for him. [Moreover,] when he is present, his property is expropriated [for this purpose].
29.
The Ramah (Even HaEzer 70:5) quotes opinions that state that this ruling applies only when the husband left home in an atmosphere of peace. In such a situation, we can be sure that he has provided for his family. If, however, he left home annoyed with his wife, it is plausible to assume that he did not provide for her needs.
30.
I.e., after three months, or after she approaches the court. If she waits longer than three months, she is not given any payment for the previous period (Ramah,ibid.).
31.
Rabbenu Asher differs and maintains that the court should consider the amount the woman can earn when deciding on the size of her allotment. His rationale is that before expropriating a person's property, we should try to act in his interests. Although many authorities speak in favor of Rabbenu Asher's logic, they rule according to the Rambam's decision. (See Chelkat Mechokek 70:20.)
The Avnei Milu'im 70:3 explains the Rambam's position, stating that the husband is granted the right to his wife's earnings only when he provides for her subsistence willingly. When he forces her to approach the court to receive her subsistence, he has no claim on her earnings.
32.
There is a debate among the authorities whether or not she must consult experts with regard to the evaluation of the object. (See Chelkat Mechokek 70:21.)
33.
Generally, when property is sold by the court, it is necessary that a public announcement be made informing people of the sale, to attract customers and assure competitive bidding. (See Hilchot Malveh V'Loveh 22:6.) In this instance, no such requirement is made, in order that the woman will not have to wait to receive the funds she requires.
34.
See Chapter 16, Halachah 4.
35.
Whenever a person is required to take an oath, the plaintiff can obligate him to take an oath on another claim. In this instance, since the woman is obligated to take an oath to her husband's heirs to collect the money due her for her ketubah, she can be required to take an additional oath regarding the sale of his property for her subsistence.
36.
We do not expropriate his property and provide for his children as an act of charity, because it is possible that he is giving charity in the place to which he has journeyed.
The Ramah (Even HaEzer 71:2) states that if the person had supported his older children before leaving on his journey, provisions should be made for his children while he is away. It can be assumed that this would be his desire. The Ramah also mentions the opinion of Rabbenu Nissim, which states that if he possesses means, support should be provided for his children from his property as an act of charity. This view is not, however, accepted by most later authorities.
37.
The Maggid Mishneh states that the Rambam's wording appears to imply that no provision is made for his older children, even when he has the means to support them. The Maggid Mishneh, however, refers toHilchot Nachalot 11:11, which states that when a person who has means loses control of his faculties, the court levels an assessment for charity on his estate. Accordingly, it would appear that if the man has the means to give charity, his property is expropriated to pay for his children's subsistence, even if they are over six.
The Tur (Even HaEzer 71) states that in such an instance, the court should expropriate funds for the subsistence of the person's older children even if the person's estate is not large enough for an assessment for charity to be leveled against it. The rationale is that we assume that, like the majority of people, this person would also desire to support his children. TheChelkat Mechokek 71:6 maintains that theShulchan Aruch follows this view, and not that of the Rambam.
38.
See Chapter 17, Halachah 19.
39.
Rabbenu Asher and others do not accept the Rambam's distinction, and maintain that the court should also protect the interests of a person who is in another country and cannot defend himself. Nevertheless, in hisKessef Mishneh, Rav Yosef Karo defends the Rambam's decision, explaining that in contrast to an heir, the husband has the potential to take his claim to court when he returns. In his Shulchan Aruch (Even HaEzer 70:5), he quotes the Rambam's ruling. This ruling is also accepted by the later authorities.
40.
See Halachah 2.
41.
Since the heir himself was not aware of the details of his benefactor's affairs, he cannot necessarily advance claims in his own interests. Therefore, the court acts to protect them. (See Bava Batra 23a.)
42.
The Ramah (Even HaEzer 70:8) states that the benefactor must lodge a claim against the wife, who in turn must lodge a claim against her husband.
43.
Although the husband is obligated to pay for his wife's subsistence, our Sages rule that when a person pays a debt on behalf of a colleague without being instructed to do so, the debtor is not at all obligated to his patron.
44.
Although our Sages associated a woman's earnings with her subsistence, they made this association for the woman's sake and gave her the prerogative of accepting or declining such a request. In a responsum, the Rambam writes that if it is not logical to assume that she could earn the funds required for her subsistence, for her to forfeit her rights, she must explicitly consent to her husband's stipulation.
45.
I.e., a less severe oath instituted by the Rabbis. (See Hilchot To'en V'Nit'an 1:3.)
46.
She, however, does not have the opportunity of paying the debt until she is divorced or becomes widowed, because all her property is under lien to her husband, and he is entitled to her earnings.
47.
Since it was movable property and not landed property that was sold, the oath that the woman is required to take is more lenient than that mentioned in the previous halachah. The rationale is that had she desired to lie, she could have claimed that the goods were stolen or lost.
48.
I.e., she cannot demand reimbursement for the difference between her earnings and the amount she would ordinarily be entitled to for her subsistence (Chelkat Mechokek 70:41). If she earned more than her subsistence, the additional funds belong to her, not to her husband (Shulchan Aruch, Even HaEzer70:11).
49.
Based on Ketubot 59b, Rabbenu Asher and Rabbenu Nissim object to the Rambam's ruling. Since the husband is liable to provide for his wife's subsistence, the vow he takes cannot override that obligation, except in specific instances. In both the Kessef Mishneh, and the Shulchan Aruch (Yoreh De'ah 235:2), Rav Yosef Karo follows these views.
50.
After thirty days, the matter will become public knowledge and the woman will suffer ridicule. Therefore, her husband is obligated to divorce (Rambam's Commentary on the Mishnah, Ketubot 7:1).
51.
The Mishnah (Ketubot, op. cit.) states that her husband should appoint a person to provide for her. As the Talmud explains (Ketubot 71a), this does not mean that he should appoint this person as an agent, for this is forbidden by his vow. Instead, he should say, "Whoever provides for my wife will not suffer a loss."
52.
As the Maggid Mishneh explains, this refers to a situation in which the husband took a vow that if his wife partakes of a particular species of produce, she will be forbidden to benefit from his property (or according to theShulchan Aruch, Yoreh De'ah 235:3, that sexual relations between them will be forbidden). If, however, the husband takes a vow that his wife may not eat a particular type of produce, that vow is nullified. For a person cannot take a vow to restrict the actions of another person.
53.
For, as Numbers 30:8-9 relates, a husband has the right to nullify or uphold the vows his wife takes.
54.
As Rav Yosef Karo mentions in both theKessef Mishneh and the Shulchan Aruch(loc. cit.), other opinions require the husband to divorce his wife in such a situation.
Ishut - Chapter Thirteen
Halacha 1
To what extent is he required to provide her with garments? Annually, he must purchase for her clothes that were worth 50 zuz in the coinage prevalent [in the Talmudic period], these being worth six and one fourth dinarim of pure silver.1
He should provide her with new [garments] during the rainy season. After these garments become worn, she should wear them in the summer. Frayed garments - that which remains from her garments from the previous year - belong to her; she should wear them while she is in the niddah state.
She is granted a belt for her loins, a cap for her head and new shoes on each festival.
Halacha 2
When does the above apply? In [the Talmudic period,] and in Eretz Yisrael, but in other ages or in other countries, there is no fixed amount of money [determined for this purpose]. For there are some places where garments are very expensive, and others where they are inexpensive.
The fundamental principle is2 that he is obligated to provide her with appropriate clothes for the winter and the summer, the minimal that are worn by a married woman in that country.
Halacha 3
Included in the [obligation to provide her with] garments is the requirement to provide her with household goods and a dwelling place.3
With which household goods is he obligated to provide her? With a bed and its spreads, a reed or woven rug to sit on, and utensils with which to eat and drink - e.g., a pot, a plate, a cup, a bottle and the like.
With regard to her dwelling? He must rent a dwelling at least four cubits by four cubits. It must have a yard outside for her use and a latrine [nearby].
Halacha 4
Similarly, he is obligated to provide her with ornaments - e.g., colored cloths to wrap her head and forehead, eye-makeup, rouge and the like - so that she will not appear unattractive to him.
Halacha 5
When does the above apply? With regard to a poor Jewish man. Concerning a rich man, by contrast, all [of his obligations are judged] according to the extent of his wealth.4 If it would be appropriate for him to buy her silk and embroidered clothing and golden articles, he is compelled to provide her with these.
Similarly, the dwelling [he is required to give her] is judged according to his wealth, as are the ornaments and the household goods. If he does not have the means to provide her with the minimum required of a poor Jewish man, he is compelled to divorce her.5 The money due her by virtue of her ketubah is considered to be a debt that he is required to pay when he gains the means.
Halacha 6
[A man] is obligated to provide the necessary clothing, dwelling and household goods, not only for his wife, but also for his sons and daughters who are six years old or less.6 He is not, however, required to provide for them according to his wealth; all that is necessary is that he provide for their needs.
This is the governing principle: whenever a husband [or his estate] is required to provide for a person's subsistence - whether the husband is alive or deceased - the husband [or his estate] is also obligated to provide for the person's clothing, household goods and dwelling. Whenever a court must sell [a person's property] to provide for [a dependent's] subsistence,7 they also sell [his property] to provide [the dependent] with clothing, household goods and a dwelling.
Halacha 7
When a woman's husband has departed on a journey, and the court allots [money from his property] for her subsistence, her clothes, her household goods and the renting of a dwelling, they do not allot her money for ornaments. For she does not have a husband [present] for whom to make herself attractive. If, by contrast, a woman's husband loses his mental faculties or becomes a deaf mute, she is granted an allotment for ornaments.8
The laws that apply to the claims and counterclaims between a woman and her husband with regard to garments, clothing and the rental of a dwelling [in the event of the husband's departure on an extended journey] are the same as those that apply with regard to her subsistence. If he claims to have provided for her and she denies [his claim], the same rulings apply to all claims.
Halacha 8
[The following rules apply if a husband] takes a vow that prevents9 his wife from wearing any type of ornament. If the couple are poor, they may remain married for a year while the vow is in effect.10 If [it remains in effect] for a longer period, he must either absolve himself of the vow, or divorce [his wife] and pay her [the money due her by virtue of her] ketubah.
If the couple are wealthy, they may remain married for a month while the vow is in effect. If [it remains in effect] for a longer period, he must either absolve himself of the vow or divorce [his wife] and pay her [the money due her by virtue of her] ketubah.
Halacha 9
[The following rules apply if a husband] takes a vow that prevents his wife from going to the bathhouse. [The couple may remain married for only] one week in a large city and two weeks in a village [if the vow remains in effect]. If he takes a vow that prevents his wife from wearing shoes [the couple may remain married for only] three days11 in a village and one day in a large city.12If [the vow remains in effect] for a longer period, he must either absolve himself of the vow or divorce [his wife] and pay her [the money due her by virtue of her] ketubah.
Halacha 10
If [a husband] takes a vow that prevents his wife from borrowing or lending household goods that are frequently lent and borrowed between neighbors - e.g., a sifter, a sieve, a mill, an oven or the like - he must either absolve himself of the vow, or divorce [his wife] and pay her [the money due her by virtue of her] ketubah.13 [The rationale is that his vow] causes her to have a bad reputation among her neighbors.
Similarly, if she takes an oath14 not to borrow or lend [neighbors] a sifter, a sieve, a mill, an oven or the like, or not to weave attractive garments for her sons in places where it is customary to do so, he may divorce her without paying her [the money due her by virtue of her] ketubah. [The rationale is that her vow] causes him to have a reputation as a miser among his neighbors.
Halacha 11
In a place where it is customary for a woman not to go out to the market place wearing merely a cap on her head, but also a veil that covers her entire body like a cloak, her husband must provide at least the least expensive type of veil for her. If he is wealthy, [he must provide her with a veil whose quality] is commensurate with his wealth.
[He must give her this veil] so that she can visit her father's home, a house of mourning or a wedding celebration. For every woman should be given the opportunity to visit her father and to go to a house of mourning or a wedding celebration as an expression of kindness to her friends and relatives, for [this will have a reciprocal effect], and they will return the visits. For a woman [at home] is not confined in a jail, from which she cannot come and go.
Nevertheless, it is uncouth for a woman always to leave home - this time to go out and another time to go on the street. Indeed, a husband should prevent a wife from doing this and not allow her to go out more than once or twice a month, as is necessary.15 For there is nothing more attractive for a woman than to sit in the corner of her home, as [implied by Psalms 45:14]: "All the glory of the king's daughter is within."
Halacha 12
[The following rules apply when a husband] takes a vow that prevents his wife from going to her father's home. If he lives in the same city, [the husband] is granted a respite of one month. [If he desires to maintain his vow at the beginning of] the second month, he must divorce [his wife] and pay her [the money due her by virtue of her] ketubah. If [the wife's father lives] in another city, [the husband] is granted respite until the first festival.16 [If he desires to maintain his vow until] the second [festival], he must divorce [his wife] and pay her [the money due her by virtue of her] ketubah.
Halacha 13
[The following rules apply when a husband] takes a vow that prevents his wife from going to a house of mourning or to wedding celebrations. He must either absolve himself of the vow or divorce [his wife] and pay her [the money due her by virtue of her] ketubah. For this is like placing her in jail and locking her in.
If [the husband] claims: "[I forbade her from going] because of indecent people who were present at that house of mourning or wedding," and it was discovered that indeed, indecent people were present, he is given the prerogative [of making that vow].
Halacha 14
When a person tells his wife, "I do not desire that your father, your mother, your brothers and your sisters come into my domain," he is given that prerogative. Instead, she should visit them when an [unusual] event occurs to them. And she should visit her father's house once a month and on each festival. They, by contrast, should visit her only when an unusual event of great import occurs - e.g., sickness or birth. For a person should not be forced to have others enter his domain.
Similarly, if [the wife] says: "I do not want your mother and your sisters to visit, nor will I live together with them in one courtyard, because they cause me difficulties and distress," she is given that prerogative.17 For a person should not be forced to have others dwell with him in his domain.
Halacha 15
When a husband says: "I will not dwell in this home, because there are wicked or indecent people or gentiles in this neighborhood, and I fear them," he is given that prerogative. This applies even if it has not been established that there are indecent people living there. For our Sages ordained:18 "Keep away from a bad neighbor." Even if the dwelling belongs to the woman, she is forced to leave it, and they should establish their dwelling among worthy people.19
The same law applies if the woman makes such a demand. Although [the husband] says, "I do not object to them," her will is followed. [The rationale is that] she can say, "I do not want to get a bad reputation in these neighborhoods."
Halacha 16
All of the earth is divided into different lands - e.g., the Land of Canaan, the Land of Egypt, the Land of Yemen, the Land of Ethiopia, the Land of Babylonia and the like.20 Every land is subdivided into large cities21 and villages. With regard to the subject of marriage, the cities of Eretz Yisrael are considered to be divided into three different lands: Judea, Transjordan and the Galilee.
Halacha 17
When a man from one of these lands marries a woman in another land, she is compelled to follow him to his land, or to accept a divorce without receiving [the money due her by virtue of her] ketubah. [The rationale is that,] although it was not specifically stated, [it can be assumed] that he married her on this condition.22
When, however, a person marries a woman in a particular land and he23 is from that land, he does not have the right to [compel] her to move to another land. He may, nevertheless, [compel] her to move from city to city and from village to village within that land.
He may not, however, [compel] her to move from a city to a village, or from a village to a city. For there are certain advantages to living in a city, and other advantages to living in a village.
Halacha 18
When he [compels] her to move from one city to another, or from one village to another within a particular land, he may not compel her to move from pleasant surroundings24 to unpleasant surroundings, nor from unpleasant [surroundings] to pleasant ones. [Although the latter move would seemingly be to her benefit, she still must consent,] because she must care for and check herself in the pleasant surroundings, so that she will not be considered inferior and unattractive.25
Similarly, [her husband] may not [compel] her to move from an area inhabited primarily by Jews to an area inhabited primarily by gentiles. Wherever [the couple lives], they should move26 from an area inhabited primarily by gentiles to an area inhabited primarily by Jews.
Halacha 19
When does the above apply? When moving from one place in the diaspora to another, or from one place in Eretz Yisrael to another. But if [the husband desires to move] from the diaspora to Eretz Yisrael, the woman should be compelled to move.27 [This applies even when moving involves leaving] pleasant surroundings for unpleasant ones. Even [when it is necessary to leave] an area inhabited primarily by Jews for an area inhabited primarily by gentiles, one should [move to Eretz Yisrael].
One should not leave Eretz Yisrael for the diaspora,28 even if the move enables one to relocate from unpleasant [surroundings] to pleasant ones, and even when it enables one to move from an area inhabited primarily by gentiles to an area inhabited primarily by Jews.
Halacha 20
When a husband desires to move to Eretz Yisrael and [his wife] does not desire to do so, he may divorce her without paying her [the money due her by virtue of her] ketubah. If she desires to move [to Eretz Yisrael] and he does not desire to do so, he must divorce her and pay her [the money due her by virtue of her] ketubah.29
The same laws apply with regard to moving from other places in Eretz Yisraelto Jerusalem. [Just as] everyone should move to Eretz Yisrael, and no one should leave there, [so too,] everyone should move to Jerusalem, and no one should leave there.30
FOOTNOTES
1.
For a zuz was only one eighth pure silver.
2.
See Halachah 5.
3.
I.e., the obligation to provide one's wife with household goods and a dwelling stems from the Torah itself and is not merely a Rabbinic ordinance.
4.
I.e., a man is obligated to provide his wife with the clothes appropriate for a woman of her social standing (or his social standing, if he is of higher social standing than she) in the country in which they dwell.
5.
For she should be given the opportunity to marry a man who can provide her with her basic necessities. (See Chapter 12, Halachah 11 and notes.)
6.
Similarly, if he is capable of giving charity, he should provide for his sons and daughters above the age of six, as explained in Chapter 12, Halachah 15 (Chelkat Mechokek 73:5).
7.
See Chapter 12, Halachah 16.
8.
Rashi, Ketubot 48a, explains the difference between the two instances. When the husband left on the journey, he decided to leave his wife without adornments. Hence, we may not expropriate the money for them from his property. When, by contrast, a man loses his mental faculties, the court attempts to support the man's wife as her husband would have liked to. And we assume that he would have preferred that his wife have ornaments to adorn herself.
9.
See the notes on Chapter 12, Halachah 24.
10.
A poor woman does not wear ornaments very frequently and will not feel deprived if she does not adorn herself for a year. A rich woman, by contrast, cannot bear not to wear ornaments for such an extended period.
11.
This law is based on the Jerusalem Talmud (Ketubot 7:4). The standard printed text of that source, however, has a slightly different version, stating "three months" instead of three days.
12.
These rulings were dependent on the socio-economic conditions prevalent in the Talmudic period. If the norms are different in other societies, the rulings also change.
13.
The Maggid Mishneh states that the husband is given thirty days to consider absolving his vow. The Shulchan Aruch(Even HaEzer 74:3) states he must divorce her immediately. If the husband makes the vow dependent on marital relations, he is given a week to consider the matter (Shulchan Aruch, loc. cit. 74:3).
14.
Note the slight deviation between the wording chosen by the Rambam and that employed by the Tur and the Shulchan Aruch (loc. cit.).
15.
While the spirit of the Rambam's words is appreciated, in most communities the norm is for women to leave their homes far more frequently.
16.
For it is customary for a daughter to visit her parents during the festivals.
17.
Based on the views of the Ra'avad and others, the Ramah (Even HaEzer 74:10) explains that the woman's rights are different from her husband's. Since the dwelling belongs to him, he may invite his mother and sisters. Nevertheless, efforts should be made to mediate between them and his wife. If necessary, a man or a woman should be placed in the home to see who is the cause of the difficulty.
18.
Avot 1:7.
19.
See Hilchot De'ot 6:1, where the Rambam emphasizes the importance of eschewing an undesirable environment and dwelling in a favorable one.
20.
The Ramah (Even HaEzer 75:1) states that it is a difference in language that divides one land from another. The Rivash (Responsum 177) states that the determining factor is the government of the land. This matter is discussed by the later authorities, particularly in light of the emergence of large countries comprising many times the area ofEretz Yisrael in the Talmudic period. Many commentaries define a land as a place inhabited by people who speak the same language and are governed by the same authority. Even that is common today.
21.
Our translation is based on the Rambam's Commentary on the Mishnah (Ketubot13:10). The contemporary translation of מדינה as "state" or "country" is not appropriate in this context.
22.
The Ramah (Even HaEzer 75:1) quotes the opinion of Rabbenu Tam (Ketubot 110b), which states that when the two come from different lands and the marriage is held in one of these lands, the place where the couple marries determines their future dwelling. If, however, they each come from a different land from that in which the marriage is held, the woman may compel her husband to live in her native land. See also the opinion of Terumat HaDeshen (Responsum 416, quoted by the Ramah, loc. cit.), which states that if the man cannot earn a livelihood in the locale in which he is living, he may compel his wife to follow him to any place where he can.
23.
Our text follows the version found in many manuscripts and early printings of theMishneh Torah and that which is quoted by the Shulchan Aruch (Even HaEzer 75:1). The standard published version states "she" instead of "he."
24.
I.e., the neighborhood and its scenery. Our translation is based on the Ma'aseh Rokeach. Others translate נוה as "dwelling" - i.e., the home in which the couple reside.
25.
The Rambam appears to be saying that the woman must dress and present herself in an appropriate way in an attractive setting, and she might not desire to make such an effort. Rashi (Ketubot 110b) explains that the change in lifestyle may cause illness.
26.
Our translation is based on the Bayit Chadash (Even HaEzer 75), which states that the woman may compel her husband to make such a move. Note, however, theChelkat Mechokek 75:12, which states that this interpretation need not be accepted.
27.
As reflected in Hilchot Melachim, Chapter 5, the Rambam does not consider living inEretz Yisrael a mitzvah [in contrast to the view of the Ramban (Hosafot l'Sefer HaMitzvot, Positive Mitzvah 4) and others, who do]. Nevertheless, he states (Hilchot Melachim 5:12): "At all times... a person should dwell in Eretz Yisrael... rather than in the diaspora."
The commentaries interpret the expression "At all times" to include even the present age. Tosafot, Ketubot 110b, explains that because we are unsure how to fulfill the agricultural laws of Eretz Yisrael, there is no obligation to live there in the present age. Others explain that because of the dangers that exist in Eretz Yisrael, there is no obligation. (See Shulchan Aruch, Even HaEzer 75:5.) As reflected in this ruling and in one of his responsa, the Rambam negates those views and advocates living inEretz Yisrael, even in the present age.
28.
See Hilchot Melachim 5:9, which states that it is forbidden to leave Eretz Yisrael for the purpose of settling in the diaspora, unless there is a famine of extreme severity. Even then, abandoning the land is not considered desirable. In Hilchot Melachim 5:12, he states: "Whoever leaves [Eretz Yisrael] for the diaspora is considered as though he worships idols."
29.
As mentioned above, there are opinions that maintain that in the present age, there is no obligation to dwell in Eretz Yisrael. According to these views, this ruling does not apply. Although the Shulchan Aruch (Even HaEzer75:4-5) also mentions the opposing view, it appears to follow the opinion stated by the Rambam. Nevertheless, many Ashkenazic authorities maintain (see Ba'er Heteiv 75:19) that at present one may not divorce a woman without paying her the money due her for her ketubah because she does not desire to move to Eretz Yisrael. Although thePitchei Teshuvah 75:7 speaks extensively about the positive value of living in Eretz Yisrael in the present age, it mentions another factor - the difficulty of earning a living in Eretz Yisrael - and states that unless one is assured of being able to sustain himself through work - as opposed to receiving charity - one may not compel one's family to relocate.
30.
There are opinions (Mordechai, at the conclusion of Ketubot) that maintain that in the present age, when there is no Temple, there is no difference between Jerusalem and other cities in Eretz Yisrael. Nevertheless, the fact that this law is quoted by the Shulchan Aruch (Even HaEzer 75:4), a text that deals only with laws applicable at present, appears to imply that the Rambam's ruling should be applied in the present age as well.
---------------------
Hayom Yom:
• English Text | Video Class• Shabbat, Shevat 20, 5776 · 30 January 2016
"Today's Day"
Tuesday Sh'vat 20 5703
Torah lessons: Chumash: Yitro, Shlishi with Rashi.
Tehillim: 97-103.
Tanya: Likewise the external (p. 95)...throughout their lives.(p.95).
My father wrote in one of his letters: According to the glosses of Ashri,1 when laving the hands for a meal, pour water over each hand three times consecutively; this was the practice of my father (R. Shmuel). He would leave a little water from the third pouring cupped in the palm of his left hand and, with this water, rub his hands together.
FOOTNOTES
1. Chulin, Chapter 8, Rosh, Section 43, quoting Riva.---------------------
CHABAD - TODAY IN JUDAISM: Today is: Friday, Shvat 19, 5776 · January 29, 2016
• Jews of Basel Burned Alive (1349)
With the Black Death raging throughout Switzerland, poison was reported to have been found in the wells at Zofingen. Some Jews were put to the "Dümeln" (thumbscrews) test, whereupon they "admitted" their guilt of the charges brought against them. This discovery was then communicated to the people of Basel, Zurich, Freiburg-im-Breisgau, and even Cologne.
The Jews of Basel were burned on an island in the Rhine on January 9, 1349, in wooden huts that were especially built for the occasion. Their children, who were spared, were taken and forcibly baptized.
Daily Quote:
In the beginning G‑d created the heavens and the earth.[Genesis 1:1]
Daily Study:
Chitas and Rambam for today:
Chumash: Yitro, 6th Portion Exodus 19:20-20:14 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 19
20The Lord descended upon Mount Sinai, to the peak of the mountain, and the Lord summoned Moses to the peak of the mountain, and Moses ascended. כוַיֵּ֧רֶד יְהוָֹ֛ה עַל־הַ֥ר סִינַ֖י אֶל־רֹ֣אשׁ הָהָ֑ר וַיִּקְרָ֨א יְהוָֹ֧ה לְמשֶׁ֛ה אֶל־רֹ֥אשׁ הָהָ֖ר וַיַּ֥עַל משֶֽׁה:
The Lord descended upon Mount Sinai: I may think that He actually descended upon it. Therefore, Scripture says: “You have seen that from the heavens I have spoken with you” (Exod. 20:19). This teaches that [He did descend although still in the heavens,] He bent down the upper heavens and the lower heavens and spread them upon the mountain like a spread on a bed, and the Throne of Glory descended upon them [the upper heavens and the lower heavens]. — [from Mechilta] וירד ה' על הר סיני: יכול ירד עליו ממש, תלמוד לומר (שמות כ יט) כי מן השמים דברתי עמכם. מלמד שהרכין שמים העליונים והתחתונים והציען על גבי ההר, כמצע על המטה, וירד כסא הכבוד עליהם:
21The Lord said to Moses, "Go down, warn the people lest they break [their formation to go nearer] to the Lord, and many of them will fall. כאוַיֹּ֤אמֶר יְהוָֹה֙ אֶל־משֶׁ֔ה רֵ֖ד הָעֵ֣ד בָּעָ֑ם פֶּן־יֶֽהֶרְס֤וּ אֶל־יְהוָֹה֙ לִרְא֔וֹת וְנָפַ֥ל מִמֶּ֖נּוּ רָֽב:
warn the people: Heb. הָעֵד. Warn them not to go up the mountain. העד בעם: התרה בהם שלא לעלות בהר:
lest they break: their position [i.e., their ranks] because of their longing for God, to see [Him], and they move too close to the side of the mountain. פן יהרסו וגו': שלא יהרסו את מצבם על ידי שתאותם אל ה' לראות ויקרבו לצד ההר:
and many of them will fall: Heb. וְנָפַל. Whatever [number] falls from them, let it be even a single person, to Me it is considered [as if] many [have fallen]. — [from Mechilta] ונפל ממנו רב: כל מה שיפול מהם ואפילו הוא יחידי חשוב לפני רב:
lest they break: Heb. יֶהֶרְסוּ. Every [expression of] הִרִיסָה [denotes] the separation of the collection of [the parts of] the building. Likewise, those who separate from the position of people break up that position. יהרסו: כל הריסה מפרדת אסיפת הבנין, אף הנפרדין ממצב אנשים הורסים את המצב:
22And also, the priests who go near to the Lord shall prepare themselves, lest the Lord wreak destruction upon them." כבוְגַ֧ם הַכֹּֽהֲנִ֛ים הַנִּגָּשִׁ֥ים אֶל־יְהוָֹ֖ה יִתְקַדָּ֑שׁוּ פֶּן־יִפְרֹ֥ץ בָּהֶ֖ם יְהוָֹֽה:
And also, the priests: [I.e.,] also the firstborn, who perform the [divine] service. — [from Zev. 115b] וגם הכהנים: אף הבכורות שהעבודה בהם:
who go near to the Lord: to offer up sacrifices (targumim), they too shall not rely on their importance to ascend the mountain. הנגשים אל ה': להקריב קרבנות, אף הם אל יסמכו על חשיבותם לעלות:
shall prepare themselves: They shall be ready to stand on their position. יתקדשו: יהיו מזומנים להתיצב על עמדם:
lest the Lord wreak destruction: Heb. יִפְרֹץ, an expression of a breach. [This means] He will kill some of them and [thus] make a breach in them [their completeness]. פן יפרץ: לשון פרצה, יהרוג בהם ויעשה בהם פרצה:
23And Moses said to the Lord, "The people cannot ascend to Mount Sinai, for You warned us saying, Set boundaries for the mountain and sanctify it.' " כגוַיֹּ֤אמֶר משֶׁה֙ אֶל־יְהֹוָ֔ה לֹֽא־יוּכַ֣ל הָעָ֔ם לַֽעֲלֹ֖ת אֶל־הַ֣ר סִינָ֑י כִּֽי־אַתָּ֞ה הַֽעֵדֹ֤תָה בָּ֨נוּ֙ לֵאמֹ֔ר הַגְבֵּ֥ל אֶת־הָהָ֖ר וְקִדַּשְׁתּֽוֹ:
The people cannot: I do not have to warn them because today they have already been warned for three days, and they cannot ascend [the mountain] since they have no permission. לא יוכל העם: איני צריך להעיד בהם שהרי מותרין ועומדין הם היום שלושת ימים, ולא יוכלו לעלות שאין להם רשות:
24But the Lord said to him, "Go, descend, and [then] you shall ascend, and Aaron with you, but the priests and the populace shall not break [their formation] to ascend to the Lord, lest He wreak destruction upon them." כדוַיֹּ֨אמֶר אֵלָ֤יו יְהוָֹה֙ לֶךְ־רֵ֔ד וְעָלִ֥יתָ אַתָּ֖ה וְאַֽהֲרֹ֣ן עִמָּ֑ךְ וְהַכֹּֽהֲנִ֣ים וְהָעָ֗ם אַל־יֶֽהֶרְס֛וּ לַֽעֲלֹ֥ת אֶל־יְהוָֹ֖ה פֶּן־יִפְרָץ־בָּֽם:
Go, descend: And warn them a second time. We admonish a person before the act [he is to perform], and we admonish him again at the time of the act [when it is to be performed]. [from Mechilta] לך רד: והעד בהם שנית, שמזרזין את האדם קודם מעשה, וחוזרין ומזרזין אותו בשעת מעשה:
and [then] you shall ascend, and Aaron with you, but the priests: I might think that they too shall be with you, [that the verse should be rendered: and you shall ascend, and Aaron with you, and the priests, but the people…]. Therefore, the Torah states: “and you shall ascend” [the pronoun is meant for emphasis, in order to exclude the priests]. Consequently, you must say that you [shall have] a partition for yourself, Aaron [shall have] a partition for himself, and the priests [shall have] a partition for themselves. Moses went closer than Aaron, and Aaron closer than the priests, but the people shall altogether not break their position to ascend to the Lord. — [from Mechilta] \b lest He wreak destruction upon them-Heb. \b0יִפְרָץ Although יִפְרָץ is vowelized with a short “kamatz,” it has not changed from its grammatical construction. So is the way of every word vowelized with a “melupum” ("cholam"); when it comes next to a “makkaf,” its vowelization changes to a short “kamatz.” [Hence, the word יִפְרֹץ -which in this case appears with a “makkaf,” a hyphen, is changed to יִפְרָץ] ועלית אתה ואהרן עמך והכהנים: יכול אף הם עמך, תלמוד לומר ועלית אתה. אמור מעתה, אתה מחיצה לעצמך ואהרן מחיצה לעצמו והם מחיצה לעצמם. משה נגש יותר מאהרן, ואהרן יותר מן הכהנים, והעם כל עיקר אל יהרסו את מצבם לעלות אל ה':
25So Moses went down to the people and said [this] to them. כהוַיֵּ֥רֶד משֶׁ֖ה אֶל־הָעָ֑ם וַיֹּ֖אמֶר אֲלֵהֶֽם:
and said [this] to them: this warning. [Apparently, Rashi understands “and said to them” to mean that Moses said something to them. Since the object is obscure, Rashi inserts “this warning,” to clarify that the verse means that Moses relayed to the Israelites God’s warning to keep their distance from the mountain.] ויאמר אליהם: התראה זו:
Exodus Chapter 20
1God spoke all these words, to respond: אוַיְדַבֵּ֣ר אֱלֹהִ֔ים אֵ֛ת כָּל־הַדְּבָרִ֥ים הָאֵ֖לֶּה לֵאמֹֽר:
God spoke: Heb. אֱלֹהִים. [The word] אֱֱלֹהִים always means “a judge.” [This Divine Name is used here] because there are some sections in the Torah [that contain commandments] that if a person performs them, he receives a reward, but if not, he does not receive any punishment for them. I might think that so it is with the Ten Commandments. Therefore, Scripture says: “God (אֱלֹהִים) spoke,” [signifying God’s role as] a Judge, [Whose function is] to mete out punishment [when the Ten Commandments are not obeyed]. [from Mechilta] וידבר א-להים: אין א-להים אלא דיין. לפי שיש פרשיות בתורה שאם עשאן אדם מקבל שכר, ואם לאו אינו מקבל עליהם פורענות, יכול אף עשרת הדברות כן, תלמוד לומר וידבר א-להים, דיין ליפרע:
all these words: [This] teaches [us] that the Holy One, blessed be He, said the Ten Commandments in one utterance, something that is impossible for a human being to say [in a similar way]. If so, why does the Torah say again, “I am [the Lord, your God (verse 2)]” and “You shall have no…” (verse 3)? Because He later explained each statement [of the Ten Commandments] individually. — [from Mechilta] את כל הדברים האלה: מלמד שאמר הקב"ה עשרת הדברות בדבור אחד, מה שאי אפשר לאדם לומר כן. אם כן מה תלמוד לומר עוד אנכי ולא יהיה לך, שחזר ופירש על כל דבור ודבור בפני עצמו:
to respond: Heb. לֵאמֹר, lit., to say. [This] teaches [us] that they responded to the positive [commandments], “Yes,” and to the negative [commandments], “No.” -[from Mechilta] לאמר: מלמד שהיו עונין על הן הן ועל לאו לאו:
2"I am the Lord, your God, Who took you out of the land of Egypt, out of the house of bondage. באָֽנֹכִ֨י יְהֹוָ֣ה אֱלֹהֶ֔יךָ אֲשֶׁ֣ר הֽוֹצֵאתִ֩יךָ֩ מֵאֶ֨רֶץ מִצְרַ֜יִם מִבֵּ֣ית עֲבָדִ֗ים:
Who took you out of the land of Egypt: The taking [you] out [of Egypt] is sufficient reason for you to be subservient to Me. Alternatively, [God mentions the Exodus] since He revealed Himself on the sea as a valiant warrior, and here He revealed Himself as an old man full of mercy, as it is said: “and beneath His feet was like the form of a brick of sapphire” (Exod. 24:10). That [brick] was before Him at the time of the enslavement [to remember the Israelites’ suffering when they made bricks as slaves], “and like the appearance of the heavens” (Exod. 24:10), [i.e., there was joy before Him] when they were redeemed. Since I change in [My] appearances, do not say that they are two [Divine] domains, [but] I am He Who took you out of Egypt and [I am He Who performed the miracles] by the sea (Mechilta). Alternatively, [God mentions the Exodus] since they [the Israelites] heard many voices [during the revelation], as it is said: “And all the people saw the voices” (verse 15), [meaning that] voices came from four directions and from the heavens and from the earth, [so] do not say that there are many domains (Exod. Rabbah 5:9). And why did He say [this] in the singular [possessive], אֱלֹהֶי ? In order to give Moses an opening to offer a defense in the incident of the calf. This is [the meaning of] “Why, O Lord, should Your anger be kindled against Your people?” (Exod. 32:11). You did not command them, “You shall not have the gods of others before Me,” but [You commanded] me alone (Exod. Rabbah 43:5). אשר הוצאתיך מארץ מצרים: כדאי היא ההוצאה שתהיו משועבדים לי. דבר אחר לפי שנגלה בים כגבור מלחמה, ונגלה כאן כזקן מלא רחמים, שנאמר (שמות כד י) ויראו את אלוהי ישראל ותחת רגליו כמעשה לבנת הספיר, זו היתה לפניו בשעת השעבוד, (שם) וכעצם השמים, משנגאלו, הואיל ואני משתנה במראות אל תאמרו שתי רשויות הן, אנכי הוא אשר הוצאתיך ממצרים ועל הים. דבר אחר לפי שהיו שומעין קולות הרבה, שנאמר, (להלן פסוק טו) את הקולות, קולות באין מארבע רוחות ומן השמים ומן הארץ, אל תאמרו רשויות הרבה הן. ולמה אמר לשון יחיד, אלהיך, ליתן פתחון פה למשה ללמד סניגוריא במעשה העגל, וזהו שאמר (שמות לב יא) למה ה' יחרה אפך בעמך, לא להם צוית, לא יהיה לכם א-להים אחרים, אלא לי לבדי:
out of the house of bondage: Literally, out of the house of slaves. [I.e.,] from Pharaoh’s house, where you were slaves to him. Or perhaps [Scripture] means only: from the house of slaves, that they were slaves to [other] slaves? Therefore, Scripture says: “and He redeemed you from the house of bondage, from the hand of Pharaoh, king of Egypt” (Deut. 7:8). Consequently, you must say that they were slaves to Pharaoh, but not slaves to [other] slaves. — [from Exod. Rabbah 43:5] מבית עבדים: מבית פרעה שהייתם עבדים לו. או אינו אומר אלא מבית עבדים, שהיו עבדים לעבדים, תלמוד לומר (דברים ז ח) ויפדך מבית עבדים מיד פרעה מלך מצרים, אמור מעתה עבדים למלך היו, ולא עבדים לעבדים:
3You shall not have the gods of others in My presence. גלֹ֣א יִֽהְיֶ֣ה־לְךָ֩ אֱלֹהִ֨ים אֲחֵרִ֜ים עַל־פָּנַ֗י:
You shall not have: Why was this said? Since it says, “You shall not make for yourself, etc.” I know only that one may not make [graven idols, etc.] How do I know that one may not keep what was already made? Therefore, Scripture states: “You shall not have.” -[Mechilta] לא יהיה לך: למה נאמר, לפי שנאמר (פסוק ד) לא תעשה לך, אין לי אלא שלא יעשה, העשוי כבר מנין שלא יקיים, תלמוד לומר לא יהיה לך:
the gods of others: Heb. אֱלֹהִים אִחֵרִים, which are not gods, but that others have made them for gods over themselves. It is impossible to interpret this passage to mean: gods other than I, since it is a disgrace for Heaven to call them gods along with Him. Alternatively: strange gods, for they are strange to their worshippers. They cry out to them, but they do not answer them, and it appears as if it [the god] were a stranger, who never knew him [the worshipper]. — [from Mechilta] א-להים אחרים: שאינן אלהות אלא אחרים עשאום א-להים עליהם, ולא יתכן לפרש א-להים אחרים זולתי, שגנאי הוא כלפי מעלה לקרותם אלהות אצלו. דבר אחר א-להים אחרים, שהם אחרים לעובדיהם, צועקים אליהם ואינן עונין אותם, ודומה כאלו הוא אחר שאינו מכירו מעולם:
in My presence: Heb. עַל-פָּנָּי [This means] as long as I exist [signifying forever. God states this so] that you should not say that only that generation was commanded [prohibited] concerning idolatry. — [from Mechilta] על פני: כל זמן שאני קיים, שלא תאמר לא נצטוו על עבודה זרה אלא אותו הדור:
4You shall not make for yourself a graven image or any likeness which is in the heavens above, which is on the earth below, or which is in the water beneath the earth. דלֹ֣א תַֽעֲשֶׂה־לְּךָ֣ פֶ֣סֶל | וְכָל־תְּמוּנָ֡ה אֲשֶׁ֣ר בַּשָּׁמַ֣יִם | מִמַּ֡עַל וַֽאֲשֶׁר֩ בָּאָ֨רֶץ מִתַּ֜חַת וַֽאֲשֶׁ֣ר בַּמַּ֣יִם | מִתַּ֣חַת לָאָ֗רֶץ:
a graven image: Heb. פֶּסֶל [It is called by this name] because it is sculpted (נִפְסָל). פסל: על שם שנפסל:
or any likeness: The likeness of anything that is in the heavens. וכל תמונה: תמונת כל דבר אשר בשמים:
5You shall neither prostrate yourself before them nor worship them, for I, the Lord, your God, am a zealous God, Who visits the iniquity of the fathers upon the sons, upon the third and the fourth generation of those who hate Me, הלֹֽא־תִשְׁתַּֽחֲוֶ֣ה לָהֶם֘ וְלֹ֣א תָֽעָבְדֵם֒ כִּ֣י אָֽנֹכִ֞י יְהֹוָ֤ה אֱלֹהֶ֨יךָ֙ אֵ֣ל קַנָּ֔א פֹּ֠קֵ֠ד עֲוֹ֨ן אָב֧וֹת עַל־בָּנִ֛ים עַל־שִׁלֵּשִׁ֥ים וְעַל־רִבֵּעִ֖ים לְשֽׂנְאָ֑י:
a zealous God: Heb. קַנָּא, zealous to mete out punishment. He does not forgo retaliating by forgiving the sin of idolatry. Every [expression of] קַנָּא means enprenemant in Old French, zealous anger. He directs His attention to mete out punishment. אל קנא: מקנא ליפרע ואינו עובר על מדתו למחול על עון עבודה זרה, כל לשון קנא אינפרינמינ"ט בלעז [חרון אף] נותן לב ליפרע:
of those who hate Me: As the Targum [Onkelos paraphrases: when the sons continue to sin following their fathers, i.e.], when they cling to their fathers’ deeds. — [from Sanh. 27b] לשנאי: כתרגומו, כשאוחזין מעשה אבותיהם בידיהם:
6and [I] perform loving kindness to thousands [of generations], to those who love Me and to those who keep My commandments. ווְעֹ֤שֶׂה חֶ֨סֶד֙ לַֽאֲלָפִ֔ים לְאֹֽהֲבַ֖י וּלְשֹֽׁמְרֵ֥י מִצְוֹתָֽי:
perform loving-kindness: that a person does, to pay the reward until the two-thousandth generation. It is thus found that the measure of reward [from God] exceeds the measure of [His] retribution by [the ratio of] one to five hundred, for this one is for four generations, and that one is for two thousand [generations]. -[from Tosefta Sotah 4:1] ועושה חסד: נוצר חסד שאדם עושה, לשלם שכר עד לאלפים דור, נמצאת מדה טובה יתירה על מדת פורענות אחת על חמש מאות, שזו לארבעה דורות וזו לאלפים:
7You shall not take the name of the Lord, your God, in vain, for the Lord will not hold blameless anyone who takes His name in vain. זלֹ֥א תִשָּׂ֛א אֶת־שֵֽׁם־יְהֹוָ֥ה אֱלֹהֶ֖יךָ לַשָּׁ֑וְא כִּ֣י לֹ֤א יְנַקֶּה֙ יְהֹוָ֔ה אֵ֛ת אֲשֶׁר־יִשָּׂ֥א אֶת־שְׁמ֖וֹ לַשָּֽׁוְא:
You shall not take the name of the Lord, your God, in vain: You shall not swear in vain by the name of the Lord, your God. — [Onkelos] לַֹשָוְא -[This word appears twice in this verse.] (The second [mention of לַֹשָוְא is an expression of falsehood, as the Targum [Onkelos] renders: לְֹשִיקְרָא, as it says [in Shavuos 21a]: "What constitutes a vain oath? If one swears contrary to what is known, [for example, saying] about a stone pillar that it is [made of] gold. (The first [mention of לַֹשָוְא is an expression of vanity, as the Targum [Onkelos] renders: [לְמַגָּנָא].) This [refers to] one who swears for no reason and in vain, [for example making an oath] concerning [a pillar] of wood, [saying] that it is wood, and concerning [a pillar] of stone, [saying] that it is stone. — [from Shevuoth 29a, Mechilta] לשוא: (השני לשון שקר כתרגומו) כמא דתימר (שבועות כט א) אי זהו שבועת שוא, נשבע לשנות את הידוע, על עמוד של אבן שהוא של זהב. (הראשון לשון מגן, כתרגומו) זה הנשבע לחנם ולהבל, על של עץ עץ ועל אבן אבן:
8Remember the Sabbath day to sanctify it. חזָכוֹר֩ אֶת־י֨וֹם הַשַּׁבָּ֜ת לְקַדְּשׁ֗וֹ:
Remember: Heb. זָכוֹר [The words] “remember (זָכוֹר)” and “keep (שָׁמוֹר)” (Deut. 5:12) were pronounced with one utterance. Similarly [the statements], “Those who profane it shall be put to death” (Exod. 31:14)and “And on the Sabbath day, two lambs” (Num. 28:9) [were said in one utterance], and similarly, “You shall not wear shaatnez,” and “You shall make tzitzith for yourself” (Deut. 22:11, 12). Similarly, [the phrases] “The nakedness of your brother’s wife [you shall not uncover]” (Lev. 18:16), [and] “Her brother-in-law shall come in to her” (Deut. 25:5) [were said in one utterance]. This [occurrence of God saying two phrases simultaneously in one utterance] is the meaning of what is said: “God spoke one thing, I heard two” (Ps. 62:12) (Mechilta). [The word] זָכוֹר is in the פָּעוֹל form, an expression of ongoing action, like “[Let us engage in] eating and drinking אָכוֹל וְשָׁתוֹ) )” (Isa. 22:13), [and] “walking and weeping הָלוֹ וָּבָכֹה) )” (II Sam. 3:16), and this is its interpretation: Pay attention to always remember the Sabbath day, so that if you chance upon a beautiful thing, you shall prepare it for the Sabbath (Mechilta). זכור: זכור ושמור בדבור אחד נאמרו. וכן (שמות לא יד) מחלליה מות יומת, (במדבר כח ט) וביום השבת שני כבשים, וכן (דברים כב יא) לא תלבש שעטנז, (שם יב) גדילים תעשה לך, וכן (ויקרא יח טז) ערות אשת אחיך, (דברים כה ה) יבמה יבא עליה, הוא שנאמר (תהלים סב יב) אחת דבר א-להים שתים זו שמעתי. זכור לשון פעול הוא, כמו (ישעיה כב יג) אכול ושתו, (שמואל ב ג טז) הלוך ובכה, וכן פתרונו תנו לב לזכור תמיד את יום השבת, שאם נזדמן לך חפץ יפה תהא מזמינו לשבת:
9Six days may you work and perform all your labor, טשֵׁ֣שֶׁת יָמִ֣ים תַּֽעֲבֹד֘ וְעָשִׂ֣יתָ כָל־מְלַאכְתֶּךָ֒:
and perform all your labor: When the Sabbath arrives, it shall seem to you as if all your work is done, that you shall not think about work. ועשית כל מלאכתך: כשתבא שבת, יהא בעיניך כאלו מלאכתך עשויה, שלא תהרהר אחר מלאכה:
10but the seventh day is a Sabbath to the Lord, your God; you shall perform no labor, neither you, your son, your daughter, your manservant, your maidservant, your beast, nor your stranger who is in your cities. יוְי֨וֹם הַשְּׁבִיעִ֜י שַׁבָּ֣ת | לַֽיהֹוָ֣ה אֱלֹהֶ֗יךָ לֹ֣א תַֽעֲשֶׂ֣ה כָל־מְלָאכָ֡ה אַתָּ֣ה | וּבִנְךָ֣־וּ֠בִתֶּךָ עַבְדְּךָ֨ וַֽאֲמָֽתְךָ֜ וּבְהֶמְתֶּ֗ךָ וְגֵֽרְךָ֙ אֲשֶׁ֣ר בִּשְׁעָרֶ֔יךָ:
neither you, your son, your daughter: These are young children. Or perhaps it refers to adult children? You must admit that they have already been warned [to observe the Sabbath]. Rather, [this word] comes only to warn adults concerning young children resting [from work] (Mechilta). This is the meaning of what we learned [in the Mishnah]: If a young child comes to extinguish [a fire on the Sabbath], you may not allow him [to do so] since you are responsible for his resting [from work] (Shab. 121a). אתה ובנך ובתך: אלו קטנים. או אינו אלא גדולים, אמרת הרי כבר מוזהרים הם, אלא לא בא אלא להזהיר גדולים על שביתת הקטנים, וזו ששנינו (שבת קכא א) קטן שבא לכבות אין שומעין לו, מפני ששביתתו עליך:
11For [in] six days the Lord made the heaven and the earth, the sea and all that is in them, and He rested on the seventh day. Therefore, the Lord blessed the Sabbath day and sanctified it. יאכִּ֣י שֵֽׁשֶׁת־יָמִים֩ עָשָׂ֨ה יְהֹוָ֜ה אֶת־הַשָּׁמַ֣יִם וְאֶת־הָאָ֗רֶץ אֶת־הַיָּם֙ וְאֶת־כָּל־אֲשֶׁר־בָּ֔ם וַיָּ֖נַח בַּיּ֣וֹם הַשְּׁבִיעִ֑י עַל־כֵּ֗ן בֵּרַ֧ךְ יְהֹוָ֛ה אֶת־י֥וֹם הַשַּׁבָּ֖ת וַֽיְקַדְּשֵֽׁהוּ:
and He rested on the seventh day: As if [it were] possible, He ascribed rest [even] to Himself to teach (as an example) from Him of kal vachomer [a fortiori] reasoning for man, whose work is with toil and fatigue, that he must rest on the Sabbath. [I.e., although God does not and did not actually rest, He had His cessation of creating recorded as rest, so that humans would learn that if God, Whose work is accomplished without any toil or fatigue, rested on the Sabbath, surely people, whose work is accomplished only with hard work and fatigue, must rest on the Sabbath.]-[from Mechilta] וינח ביום השביעי: כביכול הכתיב בעצמו מנוחה ללמד הימנו קל וחומר לאדם, שמלאכתו בעמל וביגיעה, שיהא נח בשבת:
blessed…and sanctified it: He blessed it with manna to double it on the sixth day-"double bread"-and He sanctified it with manna, that it did not fall then [on the Sabbath]. — [from Mechilta] ברך, ויקדשהו: ברכו במן לכופלו בששי לחם משנה, וקדשו במן שלא היה יורד בו:
12Honor your father and your mother, in order that your days be lengthened on the land that the Lord, your God, is giving you. יבכַּבֵּ֥ד אֶת־אָבִ֖יךָ וְאֶת־אִמֶּ֑ךָ לְמַ֨עַן֙ יַֽאֲרִכ֣וּן יָמֶ֔יךָ עַ֚ל הָֽאֲדָמָ֔ה אֲשֶׁר־יְהֹוָ֥ה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ:
in order that your days be lengthened: If you honor [your parents], your days will be lengthened, and if not, they will be shortened. The words of the Torah are written briefly; they are explained by deriving the negative from the affirmative and the affirmative from the negative. — [from Mechilta] למען יאריכון ימיך: אם תכבד יאריכון, ואם לאו יקצרון, שדברי תורה נוטריקון הם נדרשין מכלל הן לאו ומכלל לאו הן:
13You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor. יגלֹ֖א תִּרְצָֽח: ס לֹ֖א תִּנְאָֽף: ס לֹ֖א תִּגְנֹֽב: ס לֹֽא־תַֽעֲנֶ֥ה בְרֵֽעֲךָ֖ עֵ֥ד שָֽׁקֶר:
You shall not commit adultery: Adultery applies only [to relations] with a married woman, as it is said: "[And a man who commits adultery with the wife of a[nother] man, who commits adultery with the wife of his neighbor,] [both] the adulterer and the adulteress shall be put to death" (Lev. 20:10); [and it says,] “[You are] the adulterous wife, who, instead of her husband, takes strangers” (Ezek. 16:32). [In both these verses, the term “adultery” is used in reference to the extramarital relations of a married woman.] לא תנאף: אין ניאוף אלא באשת איש, שנאמר (ויקרא כ י) מות יומת הנואף והנואפת, ואומר (יחזקאל טז לב) האשה המנאפת תחת אישה תקח את זרים:
You shall not steal: The text refers to kidnapping. [The verse] “You shall not steal” (Lev. 19:11) refers to stealing money. Or perhaps this one [verse] refers only to stealing money and the one written further (in Lev.) refers to kidnapping? You must admit that [the meaning of] a statement is derived from its context. Just as [the former two commandments] “You shall not murder” [and] “You shall not commit adultery” refer to capital sins, “You shall not steal” also refers to a capital sin [i.e., a sin punishable by death]. — [from Sanh. 86a] לא תגנב: בגונב נפשות הכתוב מדבר. לא תגנובו (ויקרא יט יא) בגונב ממון. או אינו אלא זה בגונב ממון, ולהלן בגונב נפשות, אמרת דבר הלמד מענינו, מה לא תרצח, לא תנאף, מדבר בדבר שחייבין עליהם מיתת בית דין, אף לא תגנוב דבר שחייב עליו מיתת בית דין:
14You shall not covet your neighbor's house. You shall not covet your neighbor's wife, his manservant, his maidservant, his ox, his donkey, or whatever belongs to your neighbor." ידלֹ֥א תַחְמֹ֖ד בֵּ֣ית רֵעֶ֑ך ס לֹֽא־תַחְמֹ֞ד אֵ֣שֶׁת רֵעֶ֗ךָ וְעַבְדּ֤וֹ וַֽאֲמָתוֹ֙ וְשׁוֹר֣וֹ וַֽחֲמֹר֔וֹ וְכֹ֖ל אֲשֶׁ֥ר לְרֵעֶֽךָ:
---------------------
Hayom Yom:
• English Text | Video Class• Shabbat, Shevat 20, 5776 · 30 January 2016
"Today's Day"
Tuesday Sh'vat 20 5703
Torah lessons: Chumash: Yitro, Shlishi with Rashi.
Tehillim: 97-103.
Tanya: Likewise the external (p. 95)...throughout their lives.(p.95).
My father wrote in one of his letters: According to the glosses of Ashri,1 when laving the hands for a meal, pour water over each hand three times consecutively; this was the practice of my father (R. Shmuel). He would leave a little water from the third pouring cupped in the palm of his left hand and, with this water, rub his hands together.
FOOTNOTES
1. Chulin, Chapter 8, Rosh, Section 43, quoting Riva.---------------------
• Daily Thought:
Words of the Other
If you have spoken to another and your words did not help, it is proof you did not speak with him, but with yourself. Your words may be the words you wanted to say, the words you believe, but they are not the words he needed to hear.
If you would speak to him and speak his words, then certainly he would hear.
---------------------CHABAD - TODAY IN JUDAISM: Today is: Friday, Shvat 19, 5776 · January 29, 2016
Candle Lighting
Light Candles before sunset
Today in Jewish History:• Jews of Basel Burned Alive (1349)
With the Black Death raging throughout Switzerland, poison was reported to have been found in the wells at Zofingen. Some Jews were put to the "Dümeln" (thumbscrews) test, whereupon they "admitted" their guilt of the charges brought against them. This discovery was then communicated to the people of Basel, Zurich, Freiburg-im-Breisgau, and even Cologne.
The Jews of Basel were burned on an island in the Rhine on January 9, 1349, in wooden huts that were especially built for the occasion. Their children, who were spared, were taken and forcibly baptized.
Daily Quote:
In the beginning G‑d created the heavens and the earth.[Genesis 1:1]
Daily Study:
Chitas and Rambam for today:
Chumash: Yitro, 6th Portion Exodus 19:20-20:14 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 19
20The Lord descended upon Mount Sinai, to the peak of the mountain, and the Lord summoned Moses to the peak of the mountain, and Moses ascended. כוַיֵּ֧רֶד יְהוָֹ֛ה עַל־הַ֥ר סִינַ֖י אֶל־רֹ֣אשׁ הָהָ֑ר וַיִּקְרָ֨א יְהוָֹ֧ה לְמשֶׁ֛ה אֶל־רֹ֥אשׁ הָהָ֖ר וַיַּ֥עַל משֶֽׁה:
The Lord descended upon Mount Sinai: I may think that He actually descended upon it. Therefore, Scripture says: “You have seen that from the heavens I have spoken with you” (Exod. 20:19). This teaches that [He did descend although still in the heavens,] He bent down the upper heavens and the lower heavens and spread them upon the mountain like a spread on a bed, and the Throne of Glory descended upon them [the upper heavens and the lower heavens]. — [from Mechilta] וירד ה' על הר סיני: יכול ירד עליו ממש, תלמוד לומר (שמות כ יט) כי מן השמים דברתי עמכם. מלמד שהרכין שמים העליונים והתחתונים והציען על גבי ההר, כמצע על המטה, וירד כסא הכבוד עליהם:
21The Lord said to Moses, "Go down, warn the people lest they break [their formation to go nearer] to the Lord, and many of them will fall. כאוַיֹּ֤אמֶר יְהוָֹה֙ אֶל־משֶׁ֔ה רֵ֖ד הָעֵ֣ד בָּעָ֑ם פֶּן־יֶֽהֶרְס֤וּ אֶל־יְהוָֹה֙ לִרְא֔וֹת וְנָפַ֥ל מִמֶּ֖נּוּ רָֽב:
warn the people: Heb. הָעֵד. Warn them not to go up the mountain. העד בעם: התרה בהם שלא לעלות בהר:
lest they break: their position [i.e., their ranks] because of their longing for God, to see [Him], and they move too close to the side of the mountain. פן יהרסו וגו': שלא יהרסו את מצבם על ידי שתאותם אל ה' לראות ויקרבו לצד ההר:
and many of them will fall: Heb. וְנָפַל. Whatever [number] falls from them, let it be even a single person, to Me it is considered [as if] many [have fallen]. — [from Mechilta] ונפל ממנו רב: כל מה שיפול מהם ואפילו הוא יחידי חשוב לפני רב:
lest they break: Heb. יֶהֶרְסוּ. Every [expression of] הִרִיסָה [denotes] the separation of the collection of [the parts of] the building. Likewise, those who separate from the position of people break up that position. יהרסו: כל הריסה מפרדת אסיפת הבנין, אף הנפרדין ממצב אנשים הורסים את המצב:
22And also, the priests who go near to the Lord shall prepare themselves, lest the Lord wreak destruction upon them." כבוְגַ֧ם הַכֹּֽהֲנִ֛ים הַנִּגָּשִׁ֥ים אֶל־יְהוָֹ֖ה יִתְקַדָּ֑שׁוּ פֶּן־יִפְרֹ֥ץ בָּהֶ֖ם יְהוָֹֽה:
And also, the priests: [I.e.,] also the firstborn, who perform the [divine] service. — [from Zev. 115b] וגם הכהנים: אף הבכורות שהעבודה בהם:
who go near to the Lord: to offer up sacrifices (targumim), they too shall not rely on their importance to ascend the mountain. הנגשים אל ה': להקריב קרבנות, אף הם אל יסמכו על חשיבותם לעלות:
shall prepare themselves: They shall be ready to stand on their position. יתקדשו: יהיו מזומנים להתיצב על עמדם:
lest the Lord wreak destruction: Heb. יִפְרֹץ, an expression of a breach. [This means] He will kill some of them and [thus] make a breach in them [their completeness]. פן יפרץ: לשון פרצה, יהרוג בהם ויעשה בהם פרצה:
23And Moses said to the Lord, "The people cannot ascend to Mount Sinai, for You warned us saying, Set boundaries for the mountain and sanctify it.' " כגוַיֹּ֤אמֶר משֶׁה֙ אֶל־יְהֹוָ֔ה לֹֽא־יוּכַ֣ל הָעָ֔ם לַֽעֲלֹ֖ת אֶל־הַ֣ר סִינָ֑י כִּֽי־אַתָּ֞ה הַֽעֵדֹ֤תָה בָּ֨נוּ֙ לֵאמֹ֔ר הַגְבֵּ֥ל אֶת־הָהָ֖ר וְקִדַּשְׁתּֽוֹ:
The people cannot: I do not have to warn them because today they have already been warned for three days, and they cannot ascend [the mountain] since they have no permission. לא יוכל העם: איני צריך להעיד בהם שהרי מותרין ועומדין הם היום שלושת ימים, ולא יוכלו לעלות שאין להם רשות:
24But the Lord said to him, "Go, descend, and [then] you shall ascend, and Aaron with you, but the priests and the populace shall not break [their formation] to ascend to the Lord, lest He wreak destruction upon them." כדוַיֹּ֨אמֶר אֵלָ֤יו יְהוָֹה֙ לֶךְ־רֵ֔ד וְעָלִ֥יתָ אַתָּ֖ה וְאַֽהֲרֹ֣ן עִמָּ֑ךְ וְהַכֹּֽהֲנִ֣ים וְהָעָ֗ם אַל־יֶֽהֶרְס֛וּ לַֽעֲלֹ֥ת אֶל־יְהוָֹ֖ה פֶּן־יִפְרָץ־בָּֽם:
Go, descend: And warn them a second time. We admonish a person before the act [he is to perform], and we admonish him again at the time of the act [when it is to be performed]. [from Mechilta] לך רד: והעד בהם שנית, שמזרזין את האדם קודם מעשה, וחוזרין ומזרזין אותו בשעת מעשה:
and [then] you shall ascend, and Aaron with you, but the priests: I might think that they too shall be with you, [that the verse should be rendered: and you shall ascend, and Aaron with you, and the priests, but the people…]. Therefore, the Torah states: “and you shall ascend” [the pronoun is meant for emphasis, in order to exclude the priests]. Consequently, you must say that you [shall have] a partition for yourself, Aaron [shall have] a partition for himself, and the priests [shall have] a partition for themselves. Moses went closer than Aaron, and Aaron closer than the priests, but the people shall altogether not break their position to ascend to the Lord. — [from Mechilta] \b lest He wreak destruction upon them-Heb. \b0יִפְרָץ Although יִפְרָץ is vowelized with a short “kamatz,” it has not changed from its grammatical construction. So is the way of every word vowelized with a “melupum” ("cholam"); when it comes next to a “makkaf,” its vowelization changes to a short “kamatz.” [Hence, the word יִפְרֹץ -which in this case appears with a “makkaf,” a hyphen, is changed to יִפְרָץ] ועלית אתה ואהרן עמך והכהנים: יכול אף הם עמך, תלמוד לומר ועלית אתה. אמור מעתה, אתה מחיצה לעצמך ואהרן מחיצה לעצמו והם מחיצה לעצמם. משה נגש יותר מאהרן, ואהרן יותר מן הכהנים, והעם כל עיקר אל יהרסו את מצבם לעלות אל ה':
25So Moses went down to the people and said [this] to them. כהוַיֵּ֥רֶד משֶׁ֖ה אֶל־הָעָ֑ם וַיֹּ֖אמֶר אֲלֵהֶֽם:
and said [this] to them: this warning. [Apparently, Rashi understands “and said to them” to mean that Moses said something to them. Since the object is obscure, Rashi inserts “this warning,” to clarify that the verse means that Moses relayed to the Israelites God’s warning to keep their distance from the mountain.] ויאמר אליהם: התראה זו:
Exodus Chapter 20
1God spoke all these words, to respond: אוַיְדַבֵּ֣ר אֱלֹהִ֔ים אֵ֛ת כָּל־הַדְּבָרִ֥ים הָאֵ֖לֶּה לֵאמֹֽר:
God spoke: Heb. אֱלֹהִים. [The word] אֱֱלֹהִים always means “a judge.” [This Divine Name is used here] because there are some sections in the Torah [that contain commandments] that if a person performs them, he receives a reward, but if not, he does not receive any punishment for them. I might think that so it is with the Ten Commandments. Therefore, Scripture says: “God (אֱלֹהִים) spoke,” [signifying God’s role as] a Judge, [Whose function is] to mete out punishment [when the Ten Commandments are not obeyed]. [from Mechilta] וידבר א-להים: אין א-להים אלא דיין. לפי שיש פרשיות בתורה שאם עשאן אדם מקבל שכר, ואם לאו אינו מקבל עליהם פורענות, יכול אף עשרת הדברות כן, תלמוד לומר וידבר א-להים, דיין ליפרע:
all these words: [This] teaches [us] that the Holy One, blessed be He, said the Ten Commandments in one utterance, something that is impossible for a human being to say [in a similar way]. If so, why does the Torah say again, “I am [the Lord, your God (verse 2)]” and “You shall have no…” (verse 3)? Because He later explained each statement [of the Ten Commandments] individually. — [from Mechilta] את כל הדברים האלה: מלמד שאמר הקב"ה עשרת הדברות בדבור אחד, מה שאי אפשר לאדם לומר כן. אם כן מה תלמוד לומר עוד אנכי ולא יהיה לך, שחזר ופירש על כל דבור ודבור בפני עצמו:
to respond: Heb. לֵאמֹר, lit., to say. [This] teaches [us] that they responded to the positive [commandments], “Yes,” and to the negative [commandments], “No.” -[from Mechilta] לאמר: מלמד שהיו עונין על הן הן ועל לאו לאו:
2"I am the Lord, your God, Who took you out of the land of Egypt, out of the house of bondage. באָֽנֹכִ֨י יְהֹוָ֣ה אֱלֹהֶ֔יךָ אֲשֶׁ֣ר הֽוֹצֵאתִ֩יךָ֩ מֵאֶ֨רֶץ מִצְרַ֜יִם מִבֵּ֣ית עֲבָדִ֗ים:
Who took you out of the land of Egypt: The taking [you] out [of Egypt] is sufficient reason for you to be subservient to Me. Alternatively, [God mentions the Exodus] since He revealed Himself on the sea as a valiant warrior, and here He revealed Himself as an old man full of mercy, as it is said: “and beneath His feet was like the form of a brick of sapphire” (Exod. 24:10). That [brick] was before Him at the time of the enslavement [to remember the Israelites’ suffering when they made bricks as slaves], “and like the appearance of the heavens” (Exod. 24:10), [i.e., there was joy before Him] when they were redeemed. Since I change in [My] appearances, do not say that they are two [Divine] domains, [but] I am He Who took you out of Egypt and [I am He Who performed the miracles] by the sea (Mechilta). Alternatively, [God mentions the Exodus] since they [the Israelites] heard many voices [during the revelation], as it is said: “And all the people saw the voices” (verse 15), [meaning that] voices came from four directions and from the heavens and from the earth, [so] do not say that there are many domains (Exod. Rabbah 5:9). And why did He say [this] in the singular [possessive], אֱלֹהֶי ? In order to give Moses an opening to offer a defense in the incident of the calf. This is [the meaning of] “Why, O Lord, should Your anger be kindled against Your people?” (Exod. 32:11). You did not command them, “You shall not have the gods of others before Me,” but [You commanded] me alone (Exod. Rabbah 43:5). אשר הוצאתיך מארץ מצרים: כדאי היא ההוצאה שתהיו משועבדים לי. דבר אחר לפי שנגלה בים כגבור מלחמה, ונגלה כאן כזקן מלא רחמים, שנאמר (שמות כד י) ויראו את אלוהי ישראל ותחת רגליו כמעשה לבנת הספיר, זו היתה לפניו בשעת השעבוד, (שם) וכעצם השמים, משנגאלו, הואיל ואני משתנה במראות אל תאמרו שתי רשויות הן, אנכי הוא אשר הוצאתיך ממצרים ועל הים. דבר אחר לפי שהיו שומעין קולות הרבה, שנאמר, (להלן פסוק טו) את הקולות, קולות באין מארבע רוחות ומן השמים ומן הארץ, אל תאמרו רשויות הרבה הן. ולמה אמר לשון יחיד, אלהיך, ליתן פתחון פה למשה ללמד סניגוריא במעשה העגל, וזהו שאמר (שמות לב יא) למה ה' יחרה אפך בעמך, לא להם צוית, לא יהיה לכם א-להים אחרים, אלא לי לבדי:
out of the house of bondage: Literally, out of the house of slaves. [I.e.,] from Pharaoh’s house, where you were slaves to him. Or perhaps [Scripture] means only: from the house of slaves, that they were slaves to [other] slaves? Therefore, Scripture says: “and He redeemed you from the house of bondage, from the hand of Pharaoh, king of Egypt” (Deut. 7:8). Consequently, you must say that they were slaves to Pharaoh, but not slaves to [other] slaves. — [from Exod. Rabbah 43:5] מבית עבדים: מבית פרעה שהייתם עבדים לו. או אינו אומר אלא מבית עבדים, שהיו עבדים לעבדים, תלמוד לומר (דברים ז ח) ויפדך מבית עבדים מיד פרעה מלך מצרים, אמור מעתה עבדים למלך היו, ולא עבדים לעבדים:
3You shall not have the gods of others in My presence. גלֹ֣א יִֽהְיֶ֣ה־לְךָ֩ אֱלֹהִ֨ים אֲחֵרִ֜ים עַל־פָּנַ֗י:
You shall not have: Why was this said? Since it says, “You shall not make for yourself, etc.” I know only that one may not make [graven idols, etc.] How do I know that one may not keep what was already made? Therefore, Scripture states: “You shall not have.” -[Mechilta] לא יהיה לך: למה נאמר, לפי שנאמר (פסוק ד) לא תעשה לך, אין לי אלא שלא יעשה, העשוי כבר מנין שלא יקיים, תלמוד לומר לא יהיה לך:
the gods of others: Heb. אֱלֹהִים אִחֵרִים, which are not gods, but that others have made them for gods over themselves. It is impossible to interpret this passage to mean: gods other than I, since it is a disgrace for Heaven to call them gods along with Him. Alternatively: strange gods, for they are strange to their worshippers. They cry out to them, but they do not answer them, and it appears as if it [the god] were a stranger, who never knew him [the worshipper]. — [from Mechilta] א-להים אחרים: שאינן אלהות אלא אחרים עשאום א-להים עליהם, ולא יתכן לפרש א-להים אחרים זולתי, שגנאי הוא כלפי מעלה לקרותם אלהות אצלו. דבר אחר א-להים אחרים, שהם אחרים לעובדיהם, צועקים אליהם ואינן עונין אותם, ודומה כאלו הוא אחר שאינו מכירו מעולם:
in My presence: Heb. עַל-פָּנָּי [This means] as long as I exist [signifying forever. God states this so] that you should not say that only that generation was commanded [prohibited] concerning idolatry. — [from Mechilta] על פני: כל זמן שאני קיים, שלא תאמר לא נצטוו על עבודה זרה אלא אותו הדור:
4You shall not make for yourself a graven image or any likeness which is in the heavens above, which is on the earth below, or which is in the water beneath the earth. דלֹ֣א תַֽעֲשֶׂה־לְּךָ֣ פֶ֣סֶל | וְכָל־תְּמוּנָ֡ה אֲשֶׁ֣ר בַּשָּׁמַ֣יִם | מִמַּ֡עַל וַֽאֲשֶׁר֩ בָּאָ֨רֶץ מִתַּ֜חַת וַֽאֲשֶׁ֣ר בַּמַּ֣יִם | מִתַּ֣חַת לָאָ֗רֶץ:
a graven image: Heb. פֶּסֶל [It is called by this name] because it is sculpted (נִפְסָל). פסל: על שם שנפסל:
or any likeness: The likeness of anything that is in the heavens. וכל תמונה: תמונת כל דבר אשר בשמים:
5You shall neither prostrate yourself before them nor worship them, for I, the Lord, your God, am a zealous God, Who visits the iniquity of the fathers upon the sons, upon the third and the fourth generation of those who hate Me, הלֹֽא־תִשְׁתַּֽחֲוֶ֣ה לָהֶם֘ וְלֹ֣א תָֽעָבְדֵם֒ כִּ֣י אָֽנֹכִ֞י יְהֹוָ֤ה אֱלֹהֶ֨יךָ֙ אֵ֣ל קַנָּ֔א פֹּ֠קֵ֠ד עֲוֹ֨ן אָב֧וֹת עַל־בָּנִ֛ים עַל־שִׁלֵּשִׁ֥ים וְעַל־רִבֵּעִ֖ים לְשֽׂנְאָ֑י:
a zealous God: Heb. קַנָּא, zealous to mete out punishment. He does not forgo retaliating by forgiving the sin of idolatry. Every [expression of] קַנָּא means enprenemant in Old French, zealous anger. He directs His attention to mete out punishment. אל קנא: מקנא ליפרע ואינו עובר על מדתו למחול על עון עבודה זרה, כל לשון קנא אינפרינמינ"ט בלעז [חרון אף] נותן לב ליפרע:
of those who hate Me: As the Targum [Onkelos paraphrases: when the sons continue to sin following their fathers, i.e.], when they cling to their fathers’ deeds. — [from Sanh. 27b] לשנאי: כתרגומו, כשאוחזין מעשה אבותיהם בידיהם:
6and [I] perform loving kindness to thousands [of generations], to those who love Me and to those who keep My commandments. ווְעֹ֤שֶׂה חֶ֨סֶד֙ לַֽאֲלָפִ֔ים לְאֹֽהֲבַ֖י וּלְשֹֽׁמְרֵ֥י מִצְוֹתָֽי:
perform loving-kindness: that a person does, to pay the reward until the two-thousandth generation. It is thus found that the measure of reward [from God] exceeds the measure of [His] retribution by [the ratio of] one to five hundred, for this one is for four generations, and that one is for two thousand [generations]. -[from Tosefta Sotah 4:1] ועושה חסד: נוצר חסד שאדם עושה, לשלם שכר עד לאלפים דור, נמצאת מדה טובה יתירה על מדת פורענות אחת על חמש מאות, שזו לארבעה דורות וזו לאלפים:
7You shall not take the name of the Lord, your God, in vain, for the Lord will not hold blameless anyone who takes His name in vain. זלֹ֥א תִשָּׂ֛א אֶת־שֵֽׁם־יְהֹוָ֥ה אֱלֹהֶ֖יךָ לַשָּׁ֑וְא כִּ֣י לֹ֤א יְנַקֶּה֙ יְהֹוָ֔ה אֵ֛ת אֲשֶׁר־יִשָּׂ֥א אֶת־שְׁמ֖וֹ לַשָּֽׁוְא:
You shall not take the name of the Lord, your God, in vain: You shall not swear in vain by the name of the Lord, your God. — [Onkelos] לַֹשָוְא -[This word appears twice in this verse.] (The second [mention of לַֹשָוְא is an expression of falsehood, as the Targum [Onkelos] renders: לְֹשִיקְרָא, as it says [in Shavuos 21a]: "What constitutes a vain oath? If one swears contrary to what is known, [for example, saying] about a stone pillar that it is [made of] gold. (The first [mention of לַֹשָוְא is an expression of vanity, as the Targum [Onkelos] renders: [לְמַגָּנָא].) This [refers to] one who swears for no reason and in vain, [for example making an oath] concerning [a pillar] of wood, [saying] that it is wood, and concerning [a pillar] of stone, [saying] that it is stone. — [from Shevuoth 29a, Mechilta] לשוא: (השני לשון שקר כתרגומו) כמא דתימר (שבועות כט א) אי זהו שבועת שוא, נשבע לשנות את הידוע, על עמוד של אבן שהוא של זהב. (הראשון לשון מגן, כתרגומו) זה הנשבע לחנם ולהבל, על של עץ עץ ועל אבן אבן:
8Remember the Sabbath day to sanctify it. חזָכוֹר֩ אֶת־י֨וֹם הַשַּׁבָּ֜ת לְקַדְּשׁ֗וֹ:
Remember: Heb. זָכוֹר [The words] “remember (זָכוֹר)” and “keep (שָׁמוֹר)” (Deut. 5:12) were pronounced with one utterance. Similarly [the statements], “Those who profane it shall be put to death” (Exod. 31:14)and “And on the Sabbath day, two lambs” (Num. 28:9) [were said in one utterance], and similarly, “You shall not wear shaatnez,” and “You shall make tzitzith for yourself” (Deut. 22:11, 12). Similarly, [the phrases] “The nakedness of your brother’s wife [you shall not uncover]” (Lev. 18:16), [and] “Her brother-in-law shall come in to her” (Deut. 25:5) [were said in one utterance]. This [occurrence of God saying two phrases simultaneously in one utterance] is the meaning of what is said: “God spoke one thing, I heard two” (Ps. 62:12) (Mechilta). [The word] זָכוֹר is in the פָּעוֹל form, an expression of ongoing action, like “[Let us engage in] eating and drinking אָכוֹל וְשָׁתוֹ) )” (Isa. 22:13), [and] “walking and weeping הָלוֹ וָּבָכֹה) )” (II Sam. 3:16), and this is its interpretation: Pay attention to always remember the Sabbath day, so that if you chance upon a beautiful thing, you shall prepare it for the Sabbath (Mechilta). זכור: זכור ושמור בדבור אחד נאמרו. וכן (שמות לא יד) מחלליה מות יומת, (במדבר כח ט) וביום השבת שני כבשים, וכן (דברים כב יא) לא תלבש שעטנז, (שם יב) גדילים תעשה לך, וכן (ויקרא יח טז) ערות אשת אחיך, (דברים כה ה) יבמה יבא עליה, הוא שנאמר (תהלים סב יב) אחת דבר א-להים שתים זו שמעתי. זכור לשון פעול הוא, כמו (ישעיה כב יג) אכול ושתו, (שמואל ב ג טז) הלוך ובכה, וכן פתרונו תנו לב לזכור תמיד את יום השבת, שאם נזדמן לך חפץ יפה תהא מזמינו לשבת:
9Six days may you work and perform all your labor, טשֵׁ֣שֶׁת יָמִ֣ים תַּֽעֲבֹד֘ וְעָשִׂ֣יתָ כָל־מְלַאכְתֶּךָ֒:
and perform all your labor: When the Sabbath arrives, it shall seem to you as if all your work is done, that you shall not think about work. ועשית כל מלאכתך: כשתבא שבת, יהא בעיניך כאלו מלאכתך עשויה, שלא תהרהר אחר מלאכה:
10but the seventh day is a Sabbath to the Lord, your God; you shall perform no labor, neither you, your son, your daughter, your manservant, your maidservant, your beast, nor your stranger who is in your cities. יוְי֨וֹם הַשְּׁבִיעִ֜י שַׁבָּ֣ת | לַֽיהֹוָ֣ה אֱלֹהֶ֗יךָ לֹ֣א תַֽעֲשֶׂ֣ה כָל־מְלָאכָ֡ה אַתָּ֣ה | וּבִנְךָ֣־וּ֠בִתֶּךָ עַבְדְּךָ֨ וַֽאֲמָֽתְךָ֜ וּבְהֶמְתֶּ֗ךָ וְגֵֽרְךָ֙ אֲשֶׁ֣ר בִּשְׁעָרֶ֔יךָ:
neither you, your son, your daughter: These are young children. Or perhaps it refers to adult children? You must admit that they have already been warned [to observe the Sabbath]. Rather, [this word] comes only to warn adults concerning young children resting [from work] (Mechilta). This is the meaning of what we learned [in the Mishnah]: If a young child comes to extinguish [a fire on the Sabbath], you may not allow him [to do so] since you are responsible for his resting [from work] (Shab. 121a). אתה ובנך ובתך: אלו קטנים. או אינו אלא גדולים, אמרת הרי כבר מוזהרים הם, אלא לא בא אלא להזהיר גדולים על שביתת הקטנים, וזו ששנינו (שבת קכא א) קטן שבא לכבות אין שומעין לו, מפני ששביתתו עליך:
11For [in] six days the Lord made the heaven and the earth, the sea and all that is in them, and He rested on the seventh day. Therefore, the Lord blessed the Sabbath day and sanctified it. יאכִּ֣י שֵֽׁשֶׁת־יָמִים֩ עָשָׂ֨ה יְהֹוָ֜ה אֶת־הַשָּׁמַ֣יִם וְאֶת־הָאָ֗רֶץ אֶת־הַיָּם֙ וְאֶת־כָּל־אֲשֶׁר־בָּ֔ם וַיָּ֖נַח בַּיּ֣וֹם הַשְּׁבִיעִ֑י עַל־כֵּ֗ן בֵּרַ֧ךְ יְהֹוָ֛ה אֶת־י֥וֹם הַשַּׁבָּ֖ת וַֽיְקַדְּשֵֽׁהוּ:
and He rested on the seventh day: As if [it were] possible, He ascribed rest [even] to Himself to teach (as an example) from Him of kal vachomer [a fortiori] reasoning for man, whose work is with toil and fatigue, that he must rest on the Sabbath. [I.e., although God does not and did not actually rest, He had His cessation of creating recorded as rest, so that humans would learn that if God, Whose work is accomplished without any toil or fatigue, rested on the Sabbath, surely people, whose work is accomplished only with hard work and fatigue, must rest on the Sabbath.]-[from Mechilta] וינח ביום השביעי: כביכול הכתיב בעצמו מנוחה ללמד הימנו קל וחומר לאדם, שמלאכתו בעמל וביגיעה, שיהא נח בשבת:
blessed…and sanctified it: He blessed it with manna to double it on the sixth day-"double bread"-and He sanctified it with manna, that it did not fall then [on the Sabbath]. — [from Mechilta] ברך, ויקדשהו: ברכו במן לכופלו בששי לחם משנה, וקדשו במן שלא היה יורד בו:
12Honor your father and your mother, in order that your days be lengthened on the land that the Lord, your God, is giving you. יבכַּבֵּ֥ד אֶת־אָבִ֖יךָ וְאֶת־אִמֶּ֑ךָ לְמַ֨עַן֙ יַֽאֲרִכ֣וּן יָמֶ֔יךָ עַ֚ל הָֽאֲדָמָ֔ה אֲשֶׁר־יְהֹוָ֥ה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ:
in order that your days be lengthened: If you honor [your parents], your days will be lengthened, and if not, they will be shortened. The words of the Torah are written briefly; they are explained by deriving the negative from the affirmative and the affirmative from the negative. — [from Mechilta] למען יאריכון ימיך: אם תכבד יאריכון, ואם לאו יקצרון, שדברי תורה נוטריקון הם נדרשין מכלל הן לאו ומכלל לאו הן:
13You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor. יגלֹ֖א תִּרְצָֽח: ס לֹ֖א תִּנְאָֽף: ס לֹ֖א תִּגְנֹֽב: ס לֹֽא־תַֽעֲנֶ֥ה בְרֵֽעֲךָ֖ עֵ֥ד שָֽׁקֶר:
You shall not commit adultery: Adultery applies only [to relations] with a married woman, as it is said: "[And a man who commits adultery with the wife of a[nother] man, who commits adultery with the wife of his neighbor,] [both] the adulterer and the adulteress shall be put to death" (Lev. 20:10); [and it says,] “[You are] the adulterous wife, who, instead of her husband, takes strangers” (Ezek. 16:32). [In both these verses, the term “adultery” is used in reference to the extramarital relations of a married woman.] לא תנאף: אין ניאוף אלא באשת איש, שנאמר (ויקרא כ י) מות יומת הנואף והנואפת, ואומר (יחזקאל טז לב) האשה המנאפת תחת אישה תקח את זרים:
You shall not steal: The text refers to kidnapping. [The verse] “You shall not steal” (Lev. 19:11) refers to stealing money. Or perhaps this one [verse] refers only to stealing money and the one written further (in Lev.) refers to kidnapping? You must admit that [the meaning of] a statement is derived from its context. Just as [the former two commandments] “You shall not murder” [and] “You shall not commit adultery” refer to capital sins, “You shall not steal” also refers to a capital sin [i.e., a sin punishable by death]. — [from Sanh. 86a] לא תגנב: בגונב נפשות הכתוב מדבר. לא תגנובו (ויקרא יט יא) בגונב ממון. או אינו אלא זה בגונב ממון, ולהלן בגונב נפשות, אמרת דבר הלמד מענינו, מה לא תרצח, לא תנאף, מדבר בדבר שחייבין עליהם מיתת בית דין, אף לא תגנוב דבר שחייב עליו מיתת בית דין:
14You shall not covet your neighbor's house. You shall not covet your neighbor's wife, his manservant, his maidservant, his ox, his donkey, or whatever belongs to your neighbor." ידלֹ֥א תַחְמֹ֖ד בֵּ֣ית רֵעֶ֑ך ס לֹֽא־תַחְמֹ֞ד אֵ֣שֶׁת רֵעֶ֗ךָ וְעַבְדּ֤וֹ וַֽאֲמָתוֹ֙ וְשׁוֹר֣וֹ וַֽחֲמֹר֔וֹ וְכֹ֖ל אֲשֶׁ֥ר לְרֵעֶֽךָ:
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David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Chapter 91
This psalm inspires the hearts of the people to seek shelter under the wings of the Divine Presence. It also speaks of the four seasons of the year, and their respective ministering powers, instructing those who safeguard their souls to avoid them.
1. You who dwells in the shelter of the Most High, who abides in the shadow of the Omnipotent:
2. I say of the Lord who is my refuge and my stronghold, my God in whom I trust,
3. that He will save you from the ensnaring trap, from the destructive pestilence.
4. He will cover you with His pinions and you will find refuge under His wings; His truth is a shield and an armor.
5. You will not fear the terror of the night, nor the arrow that flies by day;
6. the pestilence that prowls in the darkness, nor the destruction that ravages at noon.
7. A thousand may fall at your [left] side, and ten thousand at your right, but it shall not reach you.
8. You need only look with your eyes, and you will see the retribution of the wicked.
9. Because you [have said,] "The Lord is my shelter," and you have made the Most High your haven,
10. no evil will befall you, no plague will come near your tent.
11. For He will instruct His angels in your behalf, to guard you in all your ways.
12. They will carry you in their hands, lest you injure your foot upon a rock.
13. You will tread upon the lion and the viper; you will trample upon the young lion and the serpent.
14. Because he desires Me, I will deliver him; I will fortify him, for he knows My Name.
15. When he calls on Me, I will answer him; I am with him in distress. I will deliver him and honor him.
16. I will satiate him with long life, and show him My deliverance.
Chapter 92
Sung every Shabbat by the Levites in the Holy Temple, this psalm speaks of the World to Come, and comforts the hearts of those crushed by suffering.
1. A psalm, a song for the Shabbat day.
2. It is good to praise the Lord, and to sing to Your Name, O Most High;
3. to proclaim Your kindness in the morning, and Your faithfulness in the nights,
4. with a ten-stringed instrument and lyre, to the melody of a harp.
5. For You, Lord, have gladdened me with Your deeds; I sing for joy at the works of Your hand.
6. How great are Your works, O Lord; how very profound Your thoughts!
7. A brutish man cannot know, a fool cannot comprehend this:
8. When the wicked thrive like grass, and all evildoers flourish-it is in order that they may be destroyed forever.
9. But You, Lord, are exalted forever.
10. Indeed, Your enemies, O Lord, indeed Your enemies shall perish; all evildoers shall be scattered.
11. But You have increased my might like that of a wild ox; I am anointed with fresh oil.
12. My eyes have seen [the downfall of] my watchful enemies; my ears have heard [the doom of] the wicked who rise against me.
13. The righteous will flourish like a palm tree, grow tall like a cedar in Lebanon.
14. Planted in the House of the Lord, they shall blossom in the courtyards of our God.
15. They shall be fruitful even in old age; they shall be full of sap and freshness-
16. to declare that the Lord is just; He is my Strength, and there is no injustice in Him.
Chapter 93
This psalm speaks of the Messianic era, when God will don grandeur-allowing no room for man to boast before Him as did Nebuchadnezzar, Pharaoh, and Sennacherib.
1. The Lord is King; He has garbed Himself with grandeur; the Lord has robed Himself, He has girded Himself with strength; He has also established the world firmly that it shall not falter.
2. Your throne stands firm from of old; You have existed forever.
3. The rivers have raised, O Lord, the rivers have raised their voice; the rivers raise their raging waves.
4. More than the sound of many waters, than the mighty breakers of the sea, is the Lord mighty on High.
5. Your testimonies are most trustworthy; Your House will be resplendent in holiness, O Lord, forever.
Chapter 94
An awe-inspiring and wondrous prayer with which every individual can pray for the redemption. It is also an important moral teaching.
1. The Lord is a God of retribution; O God of retribution, reveal Yourself!
2. Judge of the earth, arise; render to the arrogant their recompense.
3. How long shall the wicked, O Lord, how long shall the wicked exult?
4. They continuously speak insolently; all the evildoers act arrogantly.
5. They crush Your people, O Lord, and oppress Your heritage.
6. They kill the widow and the stranger, and murder the orphans.
7. And they say, "The Lord does not see, the God of Jacob does not perceive.”
8. Understand, you senseless among the people; you fools, when will you become wise?
9. Shall He who implants the ear not hear? Shall He who forms the eye not see?
10. Shall He who chastises nations not punish? Shall He who imparts knowledge to man [not know]?
11. The Lord knows the thoughts of man, that they are naught.
12. Fortunate is the man whom You chastise, O Lord, and instruct him in Your Torah,
13. bestowing upon him tranquillity in times of adversity, until the pit is dug for the wicked.
14. For the Lord will not abandon His people, nor forsake His heritage.
15. For judgment shall again be consonant with justice, and all the upright in heart will pursue it.
16. Who would rise up for me against the wicked ones; who would stand up for me against the evildoers?
17. Had the Lord not been a help to me, my soul would have soon dwelt in the silence [of the grave].
18. When I thought that my foot was slipping, Your kindness, O Lord, supported me.
19. When my [worrisome] thoughts multiply within me, Your consolation delights my soul.
20. Can one in the seat of evil, one who makes iniquity into law, consort with You?
21. They band together against the life of the righteous, and condemn innocent blood.
22. The Lord has been my stronghold; my God, the strength of my refuge.
23. He will turn their violence against them and destroy them through their own wickedness; the Lord, our God, will destroy them.
Chapter 95
This psalm speaks of the future, when man will say to his fellow, "Come, let us sing and offer praise to God for the miracles He has performed for us!"
1. Come, let us sing to the Lord; let us raise our voices in jubilation to the Rock of our deliverance.
2. Let us approach Him with thanksgiving; let us raise our voices to Him in song.
3. For the Lord is a great God, and a great King over all supernal beings;
4. in His hands are the depths of the earth, and the heights of the mountains are His.
5. Indeed, the sea is His, for He made it; His hands formed the dry land.
6. Come, let us prostrate ourselves and bow down; let us bend the knee before the Lord, our Maker.
7. For He is our God, and we are the people that He tends, the flock under His [guiding] hand-even this very day, if you would but hearken to His voice!
8. Do not harden your heart as at Merivah, as on the day at Massah in the wilderness,
9. where your fathers tested Me; they tried Me, though they had seen My deeds.
10. For forty years I quarreled with that generation; and I said, "They are a people of erring hearts, they do not know My ways.”
11. So I vowed in My anger that they would not enter My resting place.
Chapter 96
The time will yet come when man will say to his fellow: "Come, let us sing to God!"
1. Sing to the Lord a new song; sing to the Lord, all the earth.
2. Sing to the Lord, bless His Name; proclaim His deliverance from day to day.
3. Recount His glory among the nations, His wonders among all the peoples.
4. For the Lord is great and highly praised; He is awesome above all gods.
5. For all the gods of the nations are naught, but the Lord made the heavens.
6. Majesty and splendor are before Him, might and beauty in His Sanctuary.
7. Render to the Lord, O families of nations, render to the Lord honor and might.
8. Render to the Lord honor due to His Name; bring an offering and come to His courtyards.
9. Bow down to the Lord in resplendent holiness; tremble before Him, all the earth.
10. Proclaim among the nations, "The Lord reigns"; indeed, the world is firmly established that it shall not falter; He will judge the peoples with righteousness.
11. The heavens will rejoice, the earth will exult; the sea and its fullness will roar.
12. The fields and everything therein will jubilate; then all the trees of the forest will sing.
13. Before the Lord [they shall rejoice], for He has come, for He has come to judge the earth; He will judge the world with justice, and the nations with His truth.
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Tanya: Likutei Amarim, middle of Chapter 23
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, middle of Chapter 23
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
Friday, Shevat 19, 5776 · January 29, 2016
Likutei Amarim, middle of Chapter 23
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Friday, Shevat 19, 5776 · January 29, 2016
Likutei Amarim, middle of Chapter 23
ולכן נקראות אברי דמלכא, דרך משל, כמו שאברי גוף האדם הם לבוש לנפשו, ובטלים לגמרי אליה מכל וכל
Hence the mitzvot are figuratively described as “organs of the King.” For just as the organs of the human body are a garment for its soul, and are completely and utterly surrendered to it,
כי מיד שעולה ברצונו של אדם לפשוט ידו או רגלו הן נשמעות לרצונו תכף ומיד, בלי שום צווי ואמירה להן, ובלי שום שהייה כלל
as is evident from the fact that as soon as a person desires to stretch out his hand or foot, they obey his will immediately, without any command or instruction to them and with no delay whatever,
אלא כרגע ממש כשעלה ברצונו
but at the very instant that it entered his will.
The response of his organs is automatic; one need not consciously occupy himself with activating his hand. As to the phrase, “without any command or instruction”: When one must exert effort in activating his faculties (e.g., when one dislikes a particular task, but forces himself to do it on the strength of logic) this effort is spoken of as an internal command from one faculty to another. However, when one’s will activates the organs of his body, there is no such command involved.
כך דרך משל החיות של מעשה המצות וקיומן הוא בטל לגמרי לגבי רצון העליון המלובש בו, ונעשה לו ממש כגוף לנשמה
Just as the organs of the human body are completely united with one’s soul and are surrendered to it, so too is the life-force animating the performance and fulfillment of the commandments completely surrendered to the Divine Will which is clothed therein, and this life-force becomes, in relation to the Divine Will, like a body to a soul.
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text | Audio: Listen | Download | Video Class• Friday, Shevat 19, 5776 · January 29, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Negative Commandment 355
Out of Wedlock Intimacy
"There shall be no indecent women among the daughters of Israel"—Deuteronomy 23:18.
It is forbidden for a man and woman to be intimate unless married to each other.
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Friday, Shevat 19, 5776 · January 29, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Negative Commandment 355
Out of Wedlock Intimacy
"There shall be no indecent women among the daughters of Israel"—Deuteronomy 23:18.
It is forbidden for a man and woman to be intimate unless married to each other.
Full text of this Mitzvah »
Out of Wedlock Intimacy
Negative Commandment 355
Translated by Berel Bell
The 355th prohibition is that we are forbidden from having relations with a woman without [giving her] a Kesubah and acquiring her (kiddushin).
The source of this commandment is G‑d's statement1 (exalted be He), "There may not be any prostitutes among Jewish girls."
This same commandment is repeated, but using a different expression, in G‑d's statement2 (exalted be He), "Do not defile your daughter with premarital relations." The Sifra says, " 'Do not defile your daughter' — this command is directed towards a man who hands over his unmarried daughter for sexual relations without marriage, as well as a girl who herself has sexual relations without marriage."
Now listen as I explain why the prohibition is repeated with this wording,3 and what the repetition adds. G‑d (exalted be He) has already instructed us in the Torah that a man who has relations with a virgin incurs none of the punishments4, regardless of whether he seduced or raped her. Rather, he must pay a monetary fine and marry the girl that he harmed, as explained in the Torah.5
Accordingly, a person might think that since the offender is only required to pay a fine, therefore this is looked upon as a purely financial case. Therefore, just as a person, if he wishes, is allowed to give away his money to another person, or to forgive a debt, so too, [he might think,] he may take his unmarried daughter and give her to a man to have relations with her. This would be like forgiving a debt due to him, since the 50 silver [shekels which the seducer or rapist must pay] go to the father. Alternatively, a person might think that [since this is purely a financial matter,] he may give his daughter on condition that the man pays a certain amount of money.
Therefore, the Torah prohibited this and said, "Do not defile your daughter with premarital relations." The monetary fine only refers to a case where the seduction or rape actually occurred. But it is still completely forbidden for them to engage in sexual relations, even when they both agree.
The Torah also reveals the reason for this prohibition: ["Do not defile your daughter with premarital relations,] and you will then not make the land sexually immoral, and the land [will not] be filled with perversion." The explanation of this: seduction and rape occur very rarely, but if the Torah allowed premarital relations when both parties agree, it would occur often and become widespread throughout the world.
This is a fine and wondrous explanation of this verse, and fits all the sayings of our Sages and laws of the Torah.
This prohibition, i.e. the prohibition of [having relations with] an unmarried woman, is punishable by lashes.
The details of this mitzvah are explained in Kesubos and Kiddushin.
FOOTNOTES
1.Deut. 23:18.
2.Lev. 19:29.
3.Directed to the father, unlike the other verse, which is phrased as a general prohibition.
4.. Such as lashes or execution.
5.Ex. 22:15. Deut. 22:28. See P220, P218.
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• 1 Chapter: Maaser Sheini Maaser Sheini - Chapter 7 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Maaser Sheini - Chapter 7
Audio: Listen | Download | Video Class• Maaser Sheini - Chapter 7
Halacha 1
Produce that was purchased with money from the second tithe1 should not be redeemed outside Jerusalem unless they contracted ritual impurity from a primary source of ritual of ritual impurity. Instead, they should be brought to Jerusalem and eaten there.
Halacha 2
Halacha 3
Money from the second tithe should be used only to purchase food for humans4 that grows from the earth or grows from the products of the earth, e.g., those entities explicitly mentioned in the Torah [Deuteronomy 14:26]: "Cattle, sheep,5 wine, and strong drink."
Halacha 4
For this reason, we do not purchase water, salt,6 truffles, and mushrooms7with money from the second tithes, because they are not products of the earth. Similarly, one should not purchase produce that is attached to the earth or produce that cannot be brought to Jerusalem,8because this does not resemble cattle and sheep.9
Halacha 5
Honey, eggs, and milk are considered like cattle and sheep. Even though they are not produces of the earth, they are the products of its products.10
Halacha 6
A mixture of water and grapes11 that has not turned to vinegar should not be purchased with money from the second tithe, because it is like water. Once it turns to vinegar, it can be purchased [with these funds] like wine or strong drink.12 If one purchased it before it fermented and then it fermented, it is acquired by the second tithe.13
Halacha 7
Halacha 8
Buds from branches16 and carob trees17 before they become sweet may not be purchased [with money from the second tithe].18 After they become sweet, they may be purchased [with those funds]. But luf,19 mustard, vetch, and other produce that is pickled may be purchased [with these funds], whether they have already become sweet or not.20 Date hearts21 may be purchased with money from the second tithe.
Halacha 9
Safron may not be purchased [with these funds], for it serves only as a coloring. Similar laws apply in all analogous situations involving herbs that provide an aroma, color, or taste. Since these herbs are not [included] in foods to partake of be eaten for their substance, only for their flavor, they should not be purchased with money from the second tithe. Therefore spices,22 pepper, costus, chiltit,23 safflower, and the like may not be purchased with money from the second tithes.
Halacha 10
Anise, when used to flavor a cooked dish, should not be purchased with money from the second tithe. If it is used for a dip24 or the like, in which instance, it is part of the food itself, it can be purchased with money from the second tithe.25 If one mixed water and salt and put oil into it, it is considered as brine and may be purchased with money from the second tithe. The cost of the water and the salt should be included in the cost of the oil.26
Halacha 11
One may not use money of Maaser Sheni to purchase produce that isterumah27 because by doing so, one limits the consumption of both [theterumah] and [the second tithe]. For terumah may only be eaten by priests on the evening [after they immersed themselves].28It is permitted to those in the acute state of onein mourning and can be eaten in any place.29 The second tithe, by contrast, is permitted to non-priests and those who immersed themselves that day.30 It is forbidden to one in the acute state of oneinmourning and must be eaten in Jerusalem. Thus, [by purchasing terumah with such funds,] one restricts the consumption of the second tithe and the consumption of terumah.31
Halacha 12
A domesticated animal to be offered as a peace offering may be purchased32from the money of the second tithes,33 since peace offerings may be eaten by non-priests. At the outset, [pilgrims] would purchase animals with the money of the second tithe to partake of them as ordinary meat so that they would not be offered on the altar.34 [Hence,] the court decreed that one could not use these funds to purchase a domesticated animal unless it was brought as a peace offering. One may, however, use these funds to purchase non-domesticated animals35 or fowl, for these are unfit for peace offerings.
Halacha 13
The produce of the Sabbatical year may not be purchased with money from the second tithes, because there is an obligation to destroy it, as will be explained.36
Halacha 14
Halacha 15
When a person inadvertently purchases produce outside of Jerusalem with money from the second tithe,40 the seller is compelled to return the money to the owner41 and it is considered as the second tithe as it was originally.42 If he makes the purchase intentionally,43 the produce he purchased must be taken to Jerusalem and eaten there.44 [In the age when] the Temple no longer exists,45 they should be put aside until they rot.46
Halacha 16
Similarly, a domesticated animal47 should not be purchased with money from the second tithe outside of Jerusalem. If one purchased it unknowingly, the money should be returned to its [owner]. If it was done intentionally, it should be brought to Jerusalem and eaten there. [In the age when] the Temple no longer exists, [the animal] and its hide should be buried.48
Halacha 17
[The following laws apply when] one purchases servants, land, or an unkosher animal, whether intentionally or unintentionally,49 [with money from the second tithe]. If the seller fled,50 [the purchaser] should [purchase food] with the amount of money he spent and eat it in Jerusalem under the restrictions applying to the second tithe. This is the general principle: If the seller fled or died, whenever one spent the money of the second tithe on matters other than food, drink, and daubs, he must partake of an equivalent [value of food in Jerusalem]. If the seller was present, the money should be returned to [the original owner].51 Similarly, if a person brought burnt offerings, sin offerings, or guilt offerings from the money of the second tithe,52 he must partake of an equivalent [value of food in Jerusalem].53
Halacha 18
When a person [used money from the second tithe to] purchase a non-domesticated animal for a peace offering54 or a domesticated animal to be eaten as ordinary meat,55 it is as if he [used it to] purchase an ox for plowing and the animal is not designated as a peace offering.56 If he purchased a domesticated animal to be offered as a peace offering and it became blemished, the holiness of the second tithe leaves it. It should be redeemed57and the funds are not considered as money from the second tithe. Nevertheless, if he redeems it himself,58 he must add a fifth of its value.59
Halacha 19
When one consecrates money from the second tithe for [the purpose of purchasing] a peace offering, the consecration is not effective, 60 for the sanctity of the peace offering does not encompass [an entity already] sanctified to the second tithe. For the second tithe is the property of the Most High.61 Needless to say, this applies if he consecrates the produce of the second tithe itself for the purpose of purchasing] a peace offering, the consecration is not effective.
Halacha 20
[The following laws apply when a person] partakes of entities consecrated to the second tithe as ordinary produce [outside of Jerusalem], even intentionally. If he partook of the produce from the second tithe itself, he should cry out to heaven.62 If he [used] money from the second tithe [to purchase other food that] he ate, the money should be returned to its [owner]63 and he should bring them to Jerusalem and partake of them there. Alternatively, if the money cannot be returned, he should [purchase food] with the amount of money he spent and eat it in Jerusalem.
FOOTNOTES
1.
The rationale is that since the produce was redeemed once, it should not be redeemed a second time.
2.
Our translation follows authoritative manuscripts and early printings. The standard printed text of the Mishneh Torahadds the phrase "because of Rabbinic decree."
3.
The rules governing this produce have a double dimension of severity. Since according to Scriptural Law, this produce is ritually pure, our Sages were stringent and required it to be brought to Jerusalem and eaten there. Nevertheless, to support their decree of ritual impurity, they also required that it be redeemed (Kessef Mishneh).
4.
I.e., and not animal fodder.
5.
I.e., these types of livestock do not grow from the earth, but they derive their nature by pasturing on the earth's products.
6.
Moreover, even if water and salt are mixed together with produce, that produce should not be purchased with money from the second tithes (Radbaz). See Halachah 14 with regard to such purchases.
7.
Truffles and mushrooms do not have roots and do not derive nurture from the earth.
8.
I.e., it will spoil in the course of the journey.
9.
Which are detached entities that can make the journey to Jerusalem without being spoiled.
10.
Eggs and milk are animal products and the animals receive their nurture from the earth and honey is actually the sap of flowers.
11.
In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that timedis made by mixed grape dregs with water and leaving it to turn into vinegar.
12.
For the water originally included in it is not considered significant.
13.
The Radbaz explains that when the transaction was first made, it was invalid. Hence, the money remained holy. Afterwards, when the mixture turns into vinegar, the transaction is completed and the holiness of the money is transferred. Rashi (Chulin 27a) offers a different explanation.
14.
I.e., the restriction against purchasing a mixture of grape dregs and water with money from the second tithe.
15.
And thus the water drew out a significant amount of grape juice from the dregs.
16.
In his Commentary to the Mishnah (Shvi'it7:5; Uktzin 3:4), the Rambam explains that branches of shrubs that grow in vineyards are pickled in brine while they are still soft and then eaten. They are, nevertheless, not eaten by all people and the money from the second tithe may only be used to purchase food.
17.
This refers to branches of the carob tree, because the carobs themselves are considered as food, as stated in Chapter 1, Halachah 3.
18.
Because in this state, they are not fit to be eaten.
The commentaries have noted that the Rambam's ruling in Hilchot Shabbat 18:6 implies the direct opposite: that before they become sweet, they are considered as food for humans and after they become sweet, they are considered as food for animals. This issue is discussed by the later commentaries.
19.
A sub-species of the onion family.
20.
Since these species are more commonly eaten, they are considered as food even though they are not yet fit to be to eaten.
21.
In his Commentary to the Mishnah (Uktzin3:4), the Rambam defines this term as referring to the tip of the date palm which is like dried cheese and is eaten by people.
22.
In his Commentary to the Mishnah (ibid.:5), the Rambam gives cinnamon, nutmeg, spikenard, and other similar species as examples.
23.
A sharp and pungent herb.
24.
This refers to a mixture of milk and bread crumbs referred to in the Talmud as kutach.
25.
See Hilchot Tuma'at Ochalin 1:7 which makes similar statements with regard to anise.
26.
For in truth, only the oil can be purchased with the money of the second tithe. Nevertheless, the water and the salt are considered as subordinate to the oil and hence, can be included in its price.
27.
The Rambam uses a plural term forterumah, for he includes both the greatterumah and terumat ma'aser in this prohibition.
28.
See Hilchot Terumah 7:2. Needless to say, it may also be eaten by priests who were ritually impure and who did not need to immerse themselves, but the Rambam is mentioning the aspect of the laws in which it differs from the second tithe, as he proceeds to state.
29.
As indicated by the following clause, the second tithe differs from terumah in all these matters.
30.
The second tithe must also be eaten in a state of ritual purity. Nevertheless, in contrast to terumah, it may be eaten directly after one immerses oneself in a mikveh. He need not wait until the evening.
31.
And it is forbidden to restriction the consumption of sacred foods. See Hilchot Pesulei HaMukdashin 6:12 and Hilchot Ma'aseh HaKorbanot 10:10.
32.
In Jerusalem. See Halachah 16 and Chapter 4, Halachah 6.
33.
See the Commentary of Rav Ovadiah of Bartenura to Ma'aser Sheni 1:2 which states that the fundamental mitzvah is to use the money from the second tithe to purchase peace offerings.
34.
For by offering them on the altar, they would have to give certain portions of the meat to the priests.
35.
E.g., deer. Our Sages did not include the purchase of these animals in their decree.
36.
See Hilchot Shemitah VeYoval 7:1 which explains that after the Sabbatical year, the produce that remains must be destroyed. Thus by purchasing this produce with funds from the second tithe, one would be reducing its use.
37.
All of these should not be purchased with money from the second tithe as stated in Halachah 4.
38.
The holiness of the money of the second tithe is not transferred to them.
39.
The Ra'avad challenges the Rambam's ruling, maintaining that the holiness of the second tithe remains associated with the money and the seller must return it to the purchaser. The Radbaz explains that the Rambam derives his ruling from the wording of the Mishnah (Ma'aser Sheni 1:5). There the Mishnah has two clauses: one quoted in this halachah which states that that the items are not acquired and one quoted in the following halachah which states that the money should be returned. The variance in wording indicates that there is a difference in law. The Radbaz states, however, that the Rambam would agree that the holiness of the funds of the second tithe is not nullified entirely. Instead, the purchaser must eat an equivalent amount of food in Jerusalem keeping all the restrictions applying to the produce of the second tithe. See Halachah 17.
40.
I.e., he purchased produce with money from the second tithe without knowing that he used such funds.
41.
The produce purchased does not receive the holiness of the second tithe, but instead, must be returned to the seller [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:5)].
42.
Rav Ovadiah of Bartenura explains that since he made the purchase inadvertently, it is as if the transaction was conducted in error and hence it is nullified.
43.
I.e., knowing that he was using money from the second tithe.
44.
The transaction is binding and the purchaser is compelled to treat the produce he purchased as produce of the second tithe.
45.
See Chapter 2, Halachah 1.
46.
Since the transaction is binding, the produce receives that holiness and hence, may not be used for any other purpose.
47.
We are speaking about a kosher animal that does not have a blemish and hence is fit to be offered as a sacrifice.
48.
When it dies. It is not killed before its time. Burying it prevents one from benefiting from it [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:6)]. See also Chapter 8, Halachah 6; Hilchot Pesulei HaMukdashim 19:11.
49.
The equation between transgressing intentionally and unintentionally represents a change of approach on the part of the Rambam. In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam states that if the transgression was intentional, in all instances, the purchaser should use an equivalent amount of money to buy food in Jerusalem. The sale is nullified only when the sale is made unintentionally. The Rambam's ruling here is based on Kiddushin56b.
50.
So that the money could not be returned and the sale nullified.
51.
And the sale nullified.
52.
This is forbidden, because the animal - partially or entirely - is offered on the altar and/or eaten by the priests. Thus the money from the second tithe is not being used for its designated purpose.
53.
For once the offerings were brought, the transaction cannot be nullified.
54.
This is unacceptable, because peace offerings may be brought only from domesticated animals.
55.
This is also unacceptable, because as stated in Halachah 12, our Sages forbade using money from the second tithe for such a purpose [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:4)].
56.
Instead, the sale is nullified. If the animal was already slaughtered, the hide is considered as consecrated with the holiness of the second tithe and the proceeds from its sale must be used as the money of the second tithe.
57.
As is required when an animal designated as a peace offering becomes blemished in a manner that prevents it from being sacrificed.
58.
If, however, one redeems a sacrifice for someone else, a fifth need not be added, as stated in Hilchot Arachin 7:4.
59.
The Ra'avad objects to the Rambam's wording, for he considers it obvious that a fifth must be added. The Radbaz explains that one might think a fifth is unnecessary based on the following reasoning: Since the animal is a peace offering, from the standpoint of the second tithe, it does not belong to him, because it is not his private property, but instead is consecrated. From the standpoint of the peace offering, it can be said that it does not belong to him, because it is the second tithe which is "the property of the Most High."
Alternatively, the explanation of the Rambam's wording depends on a concept explained in Hilchot Arachin, loc. cit.: "[One is] obligate to add a fifth [when redeeming the article that was] consecrated originally, but one [need] not add a fifth [when redeeming an article] whose consecration was a derivative." A derivative means that it was consecrated in the process of redeeming another article (see ibid.:5).
To apply those concepts to the question at hand: Since the consecration of the animal as a peace offering comes as part of the redemption of the money from the second tithe, one might think that there is no need to add a fifth. For that reason, the Rambam [based on the Jerusalem Talmud (Ma'aser Sheni 3:2)] emphasizes that in this instance, the additional fifth is necessary, because since the holiness of the second tithe was removed from it, it is as if it was consecrated initially and it is not considered as a derivative (Rambam LeAm)
60.
As mentioned in Halachah 12, one can - and according to many opinions, it is desirable - to purchase an animal to be sacrificed as a peace offering with money from the second tithe. Here, however, we are speaking about a situation where the person designates the money to be used for that purpose, but does not make the purpose as of yet. The Rambam is clarifying that the designation is not effective and the money may be used to purchase any other types of food.
61.
Chapter 3, Halachah 17. I.e., when a person consecrates his own money for a peace offering, the consecration is effective, because the money belongs to him and he has the authority to consecrate it. Money from the second tithe, by contrast, does not belong to him. Hence, it cannot be consecrated as a peace offering.
62.
I.e., he should cry out to G‑d in repentance. He, however, has no other way of atoning for his conduct, because he has eaten the produce upon which the holiness of the second tithe rested.
Our text follows manuscript versions of theMishneh Torah and the versions suggested by the Ra'avad, the Radbaz, and the Kessef Mishneh. The standard printed text follows a different version.
63.
Since the money exists, the holiness from the second tithe has not departed from it. Hence, if it is returned to the owner or its holiness transferred by the owner purchasing other food with its value, the owner fulfills his obligation.
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Halacha 1
When [a man] tells a woman: "Behold, you are consecrated to me with this cup of wine," and the cup is discovered to contain honey [she is not consecrated]. [Similarly, if he tells her: "...Behold, you are consecrated to me with this cup] of honey," and the cup is discovered to contain wine;1 "...with this dinar of silver," and it is discovered to be gold; "...[with this dinar] of gold," and it is discovered to be silver; "...on condition that I am a priest," and he was discovered to be a Levite; "[on condition that I am] a Levite," and he was discovered to be a priest; "...[on condition that I am] a Givonite,"2 and he was discovered to be a bastard; "...[on condition that I am] a bastard," and he was discovered to be a Givonite; "...[on condition that I am] an inhabitant of a town," and he was discovered to be an inhabitant of a metropolis; "...[on condition that I am] an inhabitant of a metropolis," and he was discovered to be an inhabitant of a town; "...on condition that I am poor," and he was discovered to be rich; "...[on condition that I am] rich," and he was discovered to be poor; "...on condition that my house is close to the bathhouse," and it is discovered to be distant from it; "...[on condition that my house is] distant from the bathhouse," and it is discovered to be close to it; "...on condition that I have a maid," "...a daughter who knows how to braid hair," or "...who bakes," and [it is discovered that] he does not have one; "...on condition that he does not have [one of the above,] and [it is discovered that] he does; "...on condition that he has a wife and children," and [it is discovered that] he does not; "...on condition that he does not have [the above,] and [it is discovered that] he does - in all these and in any similar instance, the woman is not consecrated. The same rule applies if she [makes a condition based on] false information.
Halacha 2
In all the above instances, she is not consecrated even though she says: "In my heart, I was willing to be consecrated to him even though he deceived me and gave me wrong information." Similarly, [if she gave him false information,] she is not consecrated even though he says: "In my heart, I was willing to consecrate her even though she deceived me." [The rationale is that] feelings in one's heart are not [the same as explicit] statements.
Halacha 3
[When a man tells a woman:] "Behold, you are consecrated to me on condition that I am a perfumer," and it is discovered that he is both a perfumer and a leather craftsman;3 "...on condition that I am an inhabitant of a town," and he was discovered to be an inhabitant of both a town and a metropolis;4 or "...on condition that my name is Yosef," and it was discovered that his name was Yosef and Shimon; she is consecrated.
If, however, he told her: "[Behold, you are consecrated to me] on condition that my name is only Yosef," and it was discovered that his name was Yosef and Shimon; "...on condition that I am solely a perfumer," and it is discovered that he is both a perfumer and a leather craftsman; or "...on condition that I am solely an inhabitant of a town," and he was discovered to be an inhabitant of both a town and a metropolis; she is not consecrated.
Halacha 4
When [a man] tells a woman: "Behold, you are consecrated to me on condition that I know how to read," [for the stipulation to be fulfilled] it is necessary that he know how to read from the Torah and translate what he reads according to the translation of Onkelos the convert.
If he tells her: "...on condition that I am a reader," he must know how to read the Torah, the works of the Prophets and the Holy Writings with proper grammatical precision. [If he tells her:] "...on condition that I know how to study the Mishnah," he must know how to read the Mishnah. "...On condition that I am a sage of the Mishnah," he must know how to read the Mishnah, theSifra,5 the Sifre,6 and the Tosefta of Rabbi Chiyya.7
Halacha 5
[When a man tells a woman: "Behold, you are consecrated to me] on condition that I am a student [of the Torah]," we do not say that [he must be a student] of the caliber of ben Azzai and ben Zoma.8 Instead, it is sufficient that when one asks him a question regarding his studies, he is able to answer. [This includes] even the laws of the festivals that are studied in public; these are easy matters that are studied close to the festival, so that people at large will be familiar with them.
[When a man tells a woman: "Behold, you are consecrated to me] on condition that I am a wise man," we do not say that [he must be] like Rabbi Akiva and his colleagues. Instead, it is sufficient that when one asks him a point of logic with regard to any subject, he is able to answer. "...On condition that I am mighty," we do not say that [he must be] like Avner ben Ner9 or Yoav.10Rather, it is sufficient that his colleagues fear him because of his might. "...On condition that I am rich," we do not say that [he must be as wealthy] as Rabbi Eleazar ben Azariah.11 Rather, it is sufficient that the inhabitants of his city honor him because of his wealth.
[When a man tells a woman: "Behold, you are consecrated to me] on condition that I am righteous," even if the person is known to be thoroughly wicked, there is doubt [regarding the status of the kiddushin, and] the woman is considered as consecrated. For it is possible that he had thoughts of repentance in his heart at that time.12
"...On condition that I am wicked," even if the person is known to be thoroughly righteous, there is doubt [regarding the status of the kiddushin, and] the woman is considered as consecrated, since it is possible that he had thoughts of idol worship in his heart at that time. For the sin of idol worship is so great that even when a person thinks of serving [idols] in his heart,13 he is considered wicked, as [implied by Deuteronomy 11:16, which] states: "lest your hearts be tempted [and you go astray and serve other gods]," and [Ezekiel 14:5, which] states: "that I may detect the House of Israel in their hearts [for they are all estranged from Me because of their idols]."
Halacha 6
[When a man] consecrates a woman and says, "I thought she was from a priestly family, and instead she is from a family of Levites," "...from a family of Levites, and instead she is from a priestly family," "...poor, and instead she is rich," or "...rich, and instead she is poor," she is consecrated, for she did not cause him to err.14
Similarly, if she says, "I thought he was a priest, and instead he is a Levite," "...a Levite, and instead he is a priest," "...poor, and instead he is rich," or "...rich, and instead he is poor," she is consecrated, for he did not cause her to err.
FOOTNOTES
1.
Even though honey is more valuable than wine, the kiddushin are not binding, because the stipulation was not fulfilled, and it is possible that the woman indeed desired wine rather than honey. Similarly, with regard to the sets that follow, Kiddushin (48b ff) explains reasons why it is possible to say that the woman favored either of the alternatives, and she is therefore not consecrated unless the stipulation that is made is met.
2.
Who, like bastards, are forbidden to marry into the Jewish people. (See the notes on Chapter 1, Halachah 7.)
3.
Animal feces were used in the processing of leather, and thus leather craftsmen were known for their unpleasant odor.
4.
I.e., he maintains two homes.
5.
A compendium of halachic exegesis of the Book of Leviticus, composed by Rav, a student of Rabbi Yehudah HaNasi, who compiled the Mishnah. Rav was the leader of the first generation of Amoraim in Babylonia.
6.
A compendium of the halachic exegesis of the Books of Numbers and Deuteronomy, composed by Rav.
7.
A collection of teachings intended to "explain the Mishnah and expound upon concepts that would require much effort to be derived from the Mishnah." Rabbi Chiyya was one of Rabbi Yehudah HaNasi's primary disciples.
8.
Students of Rabbi Akiva, renowned for their scholarship in their youth. Their promising futures were effaced after they entered a mystical experience together with their master. (See Chaggigah 14b.)
9.
The commander of King Saul's armies.
10.
Yoav ben Tz'ruyah, the commander of King David's armies.
11.
Who was renowned for his wealth. Each year he would give 12,000 calves as the tithes of his herd (Shabbat 54b). Another version of the text also mentions Elazar ben Chersom whose wealth is described inYoma 35b.
12.
The doubt exists only because we cannot be aware of what is happening within the person's heart or mind. If we could be sure that he had repented within his heart, he is considered a righteous man, regardless of his previous conduct. This demonstrates the power of teshuvah, how one thought of repentance can transform one's spiritual level from one extreme to the other.
13.
In general, a person is not punished for a sin unless he commits a deed. The worship of false gods is different. (See Hilchot Avodat Kochavim 2:6, which states: "Whoever accepts a false god as true, even when he does not actually worship it, disgraces and blasphemes [God's] glorious and awesome name." See also Hilchot Avodat Kochavim2:1,3.)
14.
Since he did not explicitly state the matter as a stipulation, his misconception does not cause the kiddushin to be nullified.
Ishut - Chapter Nine
Halacha 1
[When a man] consecrates two women whom he is forbidden to marry at the same time, because it creates a prohibited relationship, neither is consecrated. What is implied? When a man consecrates a woman and her daughter or two sisters at the same time, neither of them is consecrated.
Halacha 2
[The following rule applies when a man] consecrates many women at the same time and says: "Behold, all of you are consecrated to me." If among [these women] were two sisters, a woman and her daughter or the like, none of the women is consecrated.1
If [the man] told [the women]: "Those of you who are fit to engage in marital relations with me are consecrated to me," they are all consecrated to him, except the sisters, the mother and her daughter or the like.
Similarly, if [a man] told [a group of women], "Behold, all of you are consecrated to me," and among [these women] was a Canaanite maidservant, a non-Jewish woman or a woman who is forbidden to this man as an ervah - e.g., a married woman, his daughter, his sister or the like - none of them is consecrated to him. If he says: "Those of you who are fit to engage in marital relations with me are consecrated to me," they are all consecrated to him, except the women with whom he cannot establish kiddushin.
Halacha 3
[The following rule applies when] a man tells two sisters: "Behold, one of you is consecrated to me with this [article]," and gives them both a p'rutah, or one accepts it on behalf [of herself and] her sister. They both require a divorce from him, and it is forbidden for him to engage in marital relations with either of them, for the kiddushin are viable even though he is forbidden to engage in relations with either of them.2 The same [rule applies] when [a man] tells a father: "One of your daughters is consecrated to me," and the father accepts the kiddushin.3
Halacha 4
[The following rule applies when a man] appoints an agent to consecrate a particular woman, the agent went and consecrated her, the principal himself consecrated the woman's mother, daughter or sister, and it is not known which of them was consecrated first: They both require a divorce, and they both are forbidden [to have relations] with him.
A similar [rule applies] if a woman appointed an agent to consecrate her, he [fulfilled her charge], she herself consecrated herself to another man, and it is not known which consecration took place first. Both men are required to divorce her. If they so desire, one may divorce her and one may marry her.4
Halacha 5
When does the above apply? When [the two men who consecrated her] were not related. If, however, they were related, the agent consecrated the woman to a father, and she consecrated herself to his son, to his brother or the like: they both must divorce her, and they both are forbidden [to have relations] with her.
Halacha 6
[The following rules apply when a man] tells an agent: "Go out and consecrate a woman for me," the agent dies, and it is not known whether or not he consecrated a woman on behalf of the principal. We accept the presumption that he consecrated [on his behalf], for it is an accepted presumption that the agent will carry out the mission with which he was charged.
[Accordingly,] since it is not known which woman he consecrated, the principal is forbidden to marry any woman who has a relative who might be forbidden because of the laws of ervah - i.e., a woman who has an [unmarried] daughter, mother, sister or the like.
[The rationale is] that if you say: "Let him marry this one," perhaps the agent had consecrated the woman's mother, sister or daughter. He is permitted [to marry] a woman who does not have relatives like these.5
If [the woman the man desires to marry] has a relative like this - e.g., a sister - and that relative was married at the time the agent was appointed, [the man] is permitted to marry her. [This applies] even if this relative was divorced before the agent died. We do not say that perhaps the agent consecrated her relative after she was divorced. For she was not fit to [marry him] at the time the agent was appointed, and a person does not appoint an agent to consecrate a wife for him if [the intended] is not fit to be consecrated at the time the agent is appointed.
Halacha 7
[The following rules apply when] a person has five sons, they each appoint their father as an agent to consecrate a wife for them, and the father tells a colleague who has five daughters: "[Each] one of your daughters is consecrated to one of my sons." Should the father [of the girls] accept thekiddushin,6 each of the girls must be divorced by each of the five brothers. For they all gave their father the prerogative of consecrating a wife for them [and he did not specify which woman would be the wife for which of his sons].
If one of [the sons] dies, each of the women must be divorced by the four [remaining brothers] and must perform the rite of chalitzah with one of them.7
Halacha 8
[There is, by contrast, no doubt in the following situation:] A father had [two daughters]: one a minor or a na'arah8 whom he has the privilege [of consecrating], and one a bogeret.9 Even if the bogeret gives her father the privilege of consecrating her, when he consecrates one of his daughters without specifying which one, it is assumed that the bogeret is not the one intended unless he specifically states [that the kiddushin are for] "my older daughter, who is a bogeret, who appointed me as [her] agent."10 Therefore, [in such a situation,] the bogeret is not consecrated,11 and her sister is consecrated.
Halacha 9
[The following rules apply with regard to a father] who has two pairs of daughters from two different wives, and he has the prerogative [of consecrating all of them].12 If he consecrated one daughter, and at the time of the kiddushin told the husband: "I consecrated my oldest daughter" [there is no confusion with regard to his intent]. Although it is possible to say that perhaps he consecrated the older daughter in the older pair to him, or the older daughter in the younger pair or the younger daughter in the older pair - for she is older than the older daughter in the younger pair [- we do not entertain such doubts.] All [the daughters] are permitted [to marry other men] except the older daughter in the older pair; she alone is considered to be consecrated.
Similarly, if [the father says that] he consecrated his youngest daughter: Although it is possible to say that perhaps [he consecrated] the younger daughter in the younger pair to him, or the younger daughter in the older pair or the older daughter in the younger pair - for she is younger than the younger daughter in the older pair [- we do not entertain such doubts]. All [the daughters] are permitted [to marry other men] except the younger daughter in the younger pair; she alone is considered to be consecrated. For the phrase "my oldest daughter" implies the daughter whom none is elder than, and the phrase "my youngest daughter" implies the daughter whom none is younger than.13
Halacha 10
A father's word is accepted with regard to [the status of] his daughter below the age of bagrut. [If] he states that she has been consecrated, she is forbidden to marry at all.14
Halacha 11
When a father says, "I consecrated my daughter, but I do not know to whom I consecrated her," she is forbidden [to marry] any man forever unless the father says, "I became aware of the fact that I consecrated her to so and so." He alone must divorce her [before she can marry another person]. [Her father's word is accepted with regard to the identity of the person who consecrated her] even if he becomes aware after she reaches the age ofbagrut.15
Halacha 12
If a father says, "I don't know to whom I consecrated [my daughter]," and a person comes and says, "I am the one who consecrated her," his word is accepted. [Moreover, he is granted the prerogative of] consummating the marriage.16 He need not consecrate her a second time.
Halacha 13
[In the above situation,] if two people come and both claim that they were the ones who consecrated her, they are both required to divorce her. If they desire, one may divorce her, and one may consummate the marriage.17
[If the latter option was taken, and] one consummated the marriage,18 and afterwards a third person came and claimed that he was the one who had consecrated her [originally], his word is not accepted and he does not cause her to be forbidden to her husband.
Halacha 14
[The following rules apply when] a woman states: "I was consecrated, but I do not know to whom I was consecrated," and a man comes and claims: "I was the one who consecrated her." His word is accepted and he may divorce her [so that] she is permitted to marry others, but not him. He is forbidden to consummate the marriage.19
[This restriction was instituted out of suspicion that] perhaps the man's natural inclination overcame him [and he made his statement out of desire for her]. [And we fear that the woman] will encourage [his false statements] so that she will be permitted [to marry].
Halacha 15
[The following rules apply when a man] tells a woman: "I consecrated you," and the woman denies the matter. He is forbidden [to marry] her close relatives,20 but she is permitted [to marry] his close relatives.21 If she says, "You consecrated me," and he denies the matter, he is permitted [to marry] her close relatives, but she is forbidden [to marry] his close relatives.
If he says: "I consecrated you," and the woman says: "It was my daughter, not me, whom you consecrated," he is forbidden [to marry] the close relatives of the mother; the mother is permitted [to marry] his close relatives; he is permitted [to marry] the close relatives of the daughter;22 and the daughter is permitted [to marry] the man's close relatives.23
[The following rules apply when the man says:] "I consecrated your daughter," and the woman says: "It was myself [not my daughter] whom you consecrated." He is forbidden [to marry] the daughter's close relatives; the daughter is permitted [to marry] his close relatives; he is permitted [to marry] the mother's close relatives; and the mother is forbidden [to marry] the man's close relatives.
Halacha 16
All the claims of kiddushin [mentioned in the previous halachah] refer to a situation in which the person making the claim states that the kiddushin were given in the presence of witnesses, and the witnesses either journeyed overseas or died. If, however, they acknowledge that the kiddushin were given without witnesses observing, the kiddushin are of no consequence, as we have explained.24
Whenever a woman tells a man, "You consecrated me," and he denies the matter, we ask him to compose a bill of divorce so that she will be permitted to marry others, for [doing this] does not involve any loss to him.25 If he gives her a divorce on his own volition,26 we compel him to give her [the monetary settlement, as stated in] the ketubah.27
Halacha 17
When a man appoints an agent to consecrate a woman for him, and the agent goes and consecrates her for himself, the woman is consecrated to the agent. It is, however, forbidden to do such a thing. Whoever does this or performs a similar act with regard to business matters is considered to be wicked.28
Halacha 18
[The following rules apply when a man] appoints an agent to consecrate a woman for him, the agent consecrates her [but a doubt arises whether the agent consecrated her for himself or for the principal]. When the agent says, "I consecrated [the woman] for myself," and the woman says, "I was consecrated to the principal," [the ruling depends on whether or not the appointment of the agent was made in the presence of witnesses].29
If the agent was not appointed in the presence of witnesses, the agent is forbidden to marry the woman's close relatives, and she is permitted to marry [the agent's] close relatives.30 The woman is forbidden to marry the principal's close relatives, but the principal is permitted to marry her close relatives.31 If the agent was appointed in the presence of witnesses, she is consecrated to the principal.32
Halacha 19
[The following rules apply when] the woman says, "I do not know to whom I was consecrated, whether to the agent or to the principal." If the agent was not appointed in the presence of witnesses, she is consecrated to the agent. If he was appointed as his agent [in the presence of witnesses], they both are required to divorce her. If they desire, one may divorce her and one may consummate the marriage.
Halacha 20
[The following rule applies when] a woman appoints an agent to consecrate her, he went and fulfilled his mission, but while he was in the process of doing so, she nullified his agency and rescinded his appointment, and it is not known whether she nullified his agency before he received the kiddushin or afterwards. The status of the kiddushin is doubtful. [She cannot marry another man without receiving a divorce, nor may the marriage be consummated unless she receives kiddushin again.] Similar rules apply when a man appoints an agent and retracts his appointment.
Halacha 21
[The following rules apply when a man] consecrates one of five women but does not know which of them he has consecrated, and each of them says, "He consecrated me." He is forbidden to marry the [close] relatives of all these women and must divorce each of them. [With regard to the payment of the money due because of the marriage contract,] he should leave [the sum due because of] one marriage contract among all the women and depart.33
Halacha 22
When a report is circulated that a woman has been consecrated to a particular man, we operate under the presumption that [the woman] is consecrated although there is no binding evidence to that effect.38 Whenever a report is not substantiated by a court, no attention is paid to it.39
What type of report when substantiated will cause a woman to be considered to be consecrated? Two [men] came [to court] and testified that they saw candles lit, couches spread, people coming in and out of the house, and women celebrating with her, saying "So and so was consecrated today."40 If the women are heard saying: "So and so will be consecrated today," no attention is paid [to the report]; perhaps they assembled for the purpose ofkiddushin, but the kiddushin were not given. It is only when [the report says that the woman] was [actually] consecrated [that the court considers her as such].
Similarly, if two [men] come and say, "We saw what looked like an erusincelebration and we heard sounds [of joy], and we heard from so and so41 who heard from so and so that this woman was consecrated in the presence of [two witnesses] and the witnesses went to another country or died" - this is a report that could cause a woman to be considered consecrated.
Halacha 23
When does the above apply? When there is no rationale that offsets the report. If, however, there is a rationale that offsets the report, and that rationale is heard when [the report that] she was consecrated is heard, [the woman] is not considered to be consecrated.
What is [an example] of a rationale that offsets a report? "So and so was consecrated with a stipulation attached," or "[So and so was given] kiddushinwhose status is in doubt."42 [In such instances,] the woman is not considered [consecrated]. Instead, we ask her [for an account of the circumstances] and rely on her word, since there is no clear evidence nor firm report.
Halacha 24
[The following rules apply when at first] a report spreads that [a woman] was consecrated to a particular man, and after a few days a rationale that offsets the report is stated. If it appears to the court that the rationale is true, they rely on it, and [the woman] is not considered to be consecrated. If not, since the rationale was not heard at the time the report of the kiddushin was heard, we do not take it into consideration.
Halacha 25
An incident once occurred involving a report that a particular woman was consecrated to the son of so and so. After time passed, they asked [the husband's] father, who said, "There was a stipulation attached when she was consecrated to him, and the stipulation was not fulfilled." The Sages did not rely on his words. Instead, they ruled that the status of the kiddushin was in doubt, as if there were no rationale that offsets [the original report].
Halacha 26
[The following rules apply when] a report is spread that [a woman] was consecrated to a particular man, and a second man came and consecrated her in our presence. We attempt to verify the report of the kiddushin of the first man. If witnesses come and give clear testimony that [the woman] was consecrated to the first man, the kiddushin given by the second are of no consequence.
If not, the first man, for whom there is merely a report of his kiddushin, must divorce the woman, and the second man, who definitely consecrated her, is allowed to consummate the marriage.43 If the second man divorces her, the first should not consummate the marriage, lest people at large say, "He remarried the woman he divorced after consecrating her, after she had been consecrated by another man."44
Halacha 27
When a report is spread that a woman was consecrated to one man, and a second report is later spread that she was consecrated to another, one of the men should write her a bill of divorce, and the other - either the first or the last - may consummate the marriage.
Halacha 28
In a place where it is customary for [a prospective groom] to send gifts to his [prospective] bride after consecrating her, and witnesses who had seen presents being brought to [a woman] come [and testify to that effect], we suspect that she has been consecrated.45 [Because of this] suspicion, she must be divorced. [This ruling applies] even when the majority of the men in the city send presents before consecrating [their prospective brides].46
In a place where it is customary for all the men [of the locale] to send presents first and then consecrate, [the fact that witnesses] saw presents [being sent] is not a cause for suspicion.
Halacha 29
[The following rules apply when] it was established that a marriage contract had been composed [for a specific woman]: If it is common for some of the people in that place to consecrate and then have [a marriage contract] composed, we suspect [that the woman was consecrated].47 [This law applies] even when there is no scribe in the locale. We do not say that because a scribe happened to be found [in the locale], [the man had the marriage contract] written before [he consecrated the woman].
If all the men in a locale have marriage contracts composed before consecrating [their wives], [the existence of a marriage contract] is not a cause for suspicion [that a woman has been consecrated].
Halacha 30
[The following rule applies when there is a dispute between two pairs of witnesses:] two [witnesses] say: "We saw [a woman] consecrated on this particular day," and two [witnesses] say: "We did not see [this happen]." Although they are all neighbors, living in the same courtyard, [the woman] is considered to be consecrated; the claim "We did not see [this happen]" is of no consequence, for it is common for [a man] to consecrate [a woman] in private.
Halacha 31
When one witness says, "This [woman] has been consecrated," and [the woman] herself says, "I have not been consecrated," she is permitted [to marry without restriction].48
When one [witness] says, "[This woman] has been consecrated," and another [witness] says, "she has not been consecrated," she should not marry49[anyone other than the person to whom the witness says she has been consecrated]. If she, nevertheless, marries another person, [there is no necessity to] terminate [the marriage], for she says, "I was not consecrated."
[The following rules apply when a woman herself] says, "I have been consecrated," and afterwards she accepts kiddushin [a second time]. If she can offer a rationale that explains her previous statements, explaining why she said she was consecrated, and the reason appears substantial [to the court],50 she is permitted to [marry] the second man.51 If she cannot offer an explanation, or she offers one but it does not appear substantial, she is forbidden [to marry]. [Nevertheless, we also give certain consideration to] thekiddushin given by the second man, and [require] him to divorce her. She is forbidden to [marry] him or anyone else until the person who first consecrated her comes.
Similar [rules apply with regard to] a woman who comes [to a new community] and says that she is a married woman, and afterwards says that she is unmarried. If she gives a rationale that explains her statements, and it [appears] substantial, her word is accepted.
FOOTNOTES
1.
Since all the women were included in the same statement without differentiating between any of them, none is consecrated.
The Maggid Mishneh notes that Kiddushin51a equates this law with the following ruling: When one person tells another, "You and this animal will acquire this object," the person acquires half. The correspondence is explained as follows. Although the animal is not fit to acquire the property, the person still acquires the half. Similarly, although some of the women are not fit to be consecrated, the others are, and they should be consecrated.
On this basis, the Maggid Mishneh asks: Since in Hilchot Mechirah 22:12, the Rambam rules that the person acquires the property although the animal does not, seemingly he should agree that the women who are fit to be married should be consecrated. In resolution, he explains that monetary laws are governed by different principles from marital laws, and therefore there is no contradiction between the two rulings.
Because of this contradiction, although theShulchan Aruch (Even HaEzer 41:4) mentions the Rambam's opinion, it also mentions a view that states that the women who are not related are consecrated. It concludes that because of the conflicting opinions, the status of the kiddushin is doubtful. The same applies with regard to the law mentioned in the second portion of this halachah.
2.
Since the man was not specific as to which of the sisters he was consecrating, there is no way to determine which of them was intended. [Even if the man specifies his intent afterwards, his word is not accepted (Ramah, Even HaEzer 37:16).] Therefore, there is doubt as to the status of both of the women.
3.
The Shulchan Aruch (Even HaEzer 37:16) states that this rule applies even when the man consecrating the daughters was engaged to one of them. Since he did not specify his intent at the time of the kiddushin, all the daughters require a divorce.
4.
In the previous instance, the man was not able to marry either of the women he consecrated, because they were related and it is forbidden to marry one's divorcee's mother, sister or daughter.
5.
The Ramah (Even HaEzer 35:11) quotes the opinion of Rabbenu Nissim, who maintains that if the relatives state that they were never consecrated and the man marries the woman, they are permitted to remain married.
6.
If the girls are below the age of bagrut, their father has the privilege of consecrating them. If they are above the age of bagrut, it is possible that they appointed him as an agent to receive their kiddushin. Note, however, the following halachah.
7.
For perhaps the brother who died was her betrothed.
8.
A girl between the ages of twelve and twelve and a half, who has manifested signs of physical maturity.
9.
A girl past the age of twelve and a half, who has manifested signs of physical maturity.
In the Rambam's Commentary on the Mishnah (Kiddushin 3:8), he states that if the man has several daughters below the age ofbagrut, they all require a divorce, because of the doubt mentioned in the previous halachot, but the daughter above the age ofbagrut does not require a divorce.
10.
Kiddushin 51b explains the rationale for this ruling. A person will not abandon a mitzvah for which he is responsible (the consecration of his younger daughter) to fulfill a mitzvah for which he is not responsible (the consecration of his elder daughter).
11.
The Shulchan Aruch (Even HaEzer 37:15) states that this law applies only when the daughter who is above bagrut does not specify the identity of a man she desires to marry. If, however, she makes such a specification, and the above situation occurs with regard to this individual, she also requires a divorce.
12.
I.e., none of them has reached the age ofbagrut (Beit Yosef, Even HaEzer 37). (SeeBeit Shmuel 37:42.)
13.
Although the Hebrew words גדולה and קטנה can mean both "older" and "oldest" and "younger" and "youngest" respectively, in this context the man's intent is clear, and the intent is the oldest and the youngest.
14.
Kiddushin 64a derives this concept fromDeuteronomy 22:16, "I gave my daughter to this man," the verse that teaches that the father has the prerogative of consecrating his daughter until she becomes a bogeret. From "I gave my daughter," we learn that because of her father's words, the woman is forbidden to marry anyone but her intended. From "this man," we learn that he can clarify the identity of the intended.
15.
The rationale is that since the prohibition comes on the basis of her father's statements, the license to marry is also granted on that basis.
16.
I.e., not only may he free the girl of the prohibition by divorcing her, he may consummate the marriage if he desires. We do not suspect that he is making this statement merely because he is attracted to the woman (Kiddushin 63b). The man is given this prerogative because we assume that he would not lie, lest the father protest and deny his claim.
17.
He must, however, consecrate the woman again (Rashba, Ramah, Even HaEzer37:22).
18.
The Rashba states that this ruling applies even if the marriage was not yet consummated. As long as the license for the marriage was granted, the third person's claims do not cause it to be rescinded. TheShulchan Aruch (Even HaEzer 37:23) quotes both views, but appears to favor that of the Rambam.
19.
If, however, he consummates the marriage and the couple live together as man and wife, we do not force them to separate because of the suspicions mentioned (Rashba, Shulchan Aruch, Even HaEzer37:24).
20.
I.e., the relatives he would be forbidden to marry if she were his wife. Since according to his statements they are man and wife, he must uphold any prohibitions that such a relationship would bring about.
21.
For she denies the matter.
22.
I.e., those who are not forbidden to him because of his statements regarding her mother. Since he does not acknowledge the consecration of the daughter, he is not bound by the mother's statements.
23.
For the mother's statements are not binding for the daughter. Although Scriptural law gives a father the prerogative to make binding statements regarding his daughter's status, a mother's statements do not have this power even according to Rabbinic law (Rambam's Commentary on the Mishnah,Kiddushin 3:11).
24.
Chapter 4, Halachah 6.
25.
Once the man divorces the woman, he is forbidden to marry her close relatives. Nevertheless, this is not considered a significant loss, since there are many other women he could marry. And yet, because of this factor, he cannot be compelled to divorce the woman (Maggid Mishneh; Ramah, Even HaEzer 48:6). Others [Rabbenu Eliyahu Mizrachi and the Maharshal (Responsum 25)] differ and maintain that since he divorced the woman only as a favor to her, he is not forbidden to marry her relatives.
26.
I.e., without being asked to by others.
27.
The Maggid Mishneh notes that there are several points that require clarification with regard to the Rambam's statements. As stated in Chapter 10, Halachah 11, a man is not ordinarily obligated to pay a marriage contract until the second stage of the marriage (nisu'in). If merely kiddushin were given, he is not under such an obligation. It is only when he wrote the woman a ketubahand gave it together with the kiddushin, that he is obligated.
This, however, raises a question: If he wrote the woman a ketubah, how can he deny thekiddushin? The Maggid Mishneh explains that this law applies only in a place where it is customary to write the ketubah before thekiddushin are given. Because in most instances there is no obligation to give aketubah after kiddushin, the Shulchan Aruchdoes not mention this law at all (Chelkat Mechokek 48:2).
28.
See Hilchot Mechirah 7:10.
29.
The Ra'avad maintains that the man must always appoint an agent in the presence of witnesses. He therefore interprets the phrase huchzak hashaliach to mean that the appointment of the agent was public knowledge.
30.
As in Halachah 15.
31.
For his agent states that he did not consecrate the woman on behalf of the principal.
32.
The Maggid Mishneh states that even though the woman is considered to be consecrated to the principal, the agent is still forbidden to marry the woman's relatives. The Ramah (Even HaEzer 35:15) quotes this ruling.
Rabbenu Asher does not accept the Rambam's ruling, stating that if the agent explicitly states that he did not consecrate the woman on behalf of the principal, there is no way that the kiddushin can be binding.
33.
Because of the doubt, he is not required to pay each of them the sum required by the marriage contract.
34.
Because he violated our Sages' instructions not to consecrate with sexual relations.
35.
The Beit Shmuel 49:2 questions why this ruling differs from the ruling delivered (Hilchot Gezelot 4:9) when a man says that he stole from one of five people, and does not know from whom he stole. In such an instance, although the thief is required to reimburse each of the five, this is only when each of the recipients takes an oath that the money was stolen from him. The Beit Shmuel leaves the question unresolved.
36.
For, as stated in Chapter 10, Halachah 11, a man is not ordinarily required to pay the money due because of a marriage contract until nisu'in, the second stage of the marriage relationship. If the woman has merely been consecrated, this obligation is not incumbent upon him unless he wrote a marriage contract for her.
37.
The Ra'avad states that there is no need for the marriage contract to have been written. If the man made a verbal agreement to that effect when consecrating the woman, he is obligated. The Maggid Mishneh explains that the Rambam would also accept the Ra'avad's law, and was merely giving one of several possible settings in which the law stated could be applied.
38.
As the Shulchan Aruch (Even HaEzer 46:1) states, the woman is bound by the same rules as all those whose status of theirkiddushin is in doubt. She may not marry any one other than the man to whom the report says she is consecrated, but before she may consummate the marriage with him, she must be consecrated again.
39.
I.e., it is possible for many rumors to be spread. When is credence given to a rumor? When it can be substantiated in court with testimony, as mentioned below. (See Rashi,Gittin 99b.)
40.
In this part of the halachah (in contrast to its beginning), the Rambam does not mention that the witnesses state to whom the woman was consecrated. The later authorities (Chelkat Mechokek 46:1; Beit Shmuel 46:1) maintain that this information must also be stated; otherwise the woman is not considered to be consecrated.
41.
I.e., according to the Rambam, it is sufficient for two witnesses to hear from one person who originally heard the report from another person. The Rashba and Rabbenu Asher maintain that unless a report is spread by at least two individuals, it cannot be substantiated in court. The Shulchan Aruch(Even HaEzer 46:2) quotes the Rambam's view and the Ramah quotes the other opinions.
42.
I.e., there is a question whether thekiddushin were worth a p'rutah, or the youth consecrating her had reached the age of majority (Gittin 9:9; Shulchan Aruch, Even HaEzer 46:3).
43.
If the first man does not divorce her, the second is not allowed to consummate the marriage. If he does not heed this ruling and marries her before she receives a divorce, the Rabbis ruled that the woman is forbidden to him, and he is required to divorce her (Shulchan Aruch, Even HaEzer 46:5).
44.
This is forbidden, as explained in Hilchot Gerushin 11:12. If the first man does not heed this ruling and marries her, the Rabbis are unresolved whether or not the marriage is allowed to stand (Chelkat Mechokek46:13).
45.
I.e., although the presents are worth more than a p'rutah, they themselves do not establish a bond of kiddushin, because they are not given with that intent. Nevertheless, the fact that the presents were given indicates that there is a possibility thatkiddushin had been given previously.
46.
Since there are a number of men who send presents after consecrating, we suspect that perhaps this person also followed that practice. Although rulings of Torah law are ordinarily determined by the practice of the majority, an exception is made in this case, because of the severity of the laws of marriage and divorce (Tosafot, Kiddushin50b), or because this majority practice is not fixed and may change at the whim of the people (Rabbenu Nissim).
47.
I.e., the marriage contract, like the gifts mentioned in the previous halachah, are a sign that perhaps the woman was consecrated (Maggid Mishneh).
48.
In this instance, the testimony of one witness is not accepted when the woman denies his statements. If her words were not true, she would not dare to contradict the witness's testimony (Maggid Mishneh).
49.
The Rambam's ruling appears to be based on the rationale that since the woman has a witness who supports her, we suspect that she might contradict the other witness even when she is not telling the truth (Maggid Mishneh).
This rationale is not accepted by the Ra'avad and other authorities, who object to the Rambam's ruling. They maintain that since the woman's statements are accepted when she has no support, surely they should be accepted when they are supported by another witness. They explain that Ketubot 23a, the source for this halachah, is referring to an instance when a man threw kiddushin to a woman, one witness claims that the kiddushin were closer to the woman (and hence, she was consecrated), the other claims that they were closer to the man (and thus she was not consecrated), and the woman herself does not know. This is the view accepted by the Shulchan Aruch (Even HaEzer 47:3).
50.
Ketubot 22a gives an example of a rationale that the Sages accepted. A very attractive woman at first said that she was consecrated, and afterwards acceptedkiddushin. When asked to account for her behavior, she explained that her suitors were originally not worthy people, and she therefore wanted nothing to do with them. When a worthy suitor came, she was happy to accept his offer.
51.
Note the ruling of the Ramah (Even HaEzer47:4), who states that this law applies only when the woman says "I was consecrated," but does not state to whom. If she mentions the name of a person who she claims to have consecrated her, her retraction is not accepted even when the rationale she offers appears to have substance.
Ishut - Chapter Ten
Halacha 1
According to Rabbinic law, a woman who has been consecrated (i.e., anarusah) is forbidden to engage in sexual relations1with her husband as long as she is living in her father's home.2 A man who has relations with his arusahin his father-in-law's home is punished with "stripes for rebelliousness."
Even when [the husband] consecrated [his arusah] by having sexual relations with her, he is forbidden to engage in sexual relations with her again until he brings her to his home, enters into privacy with her, and thus singles her out as his [wife].
[Their entry into] privacy is referred to as entry into the chuppah,3 and it is universally referred to as nisu'in.4
When a man has relations with his arusah for the sake of [establishing] nisu'inafter he has consecrated her, the relationship is established at the beginning of sexual relations. This causes her to be considered his wife with regard to all matters.5
Halacha 2
Once an arusah has entered the chuppah, her husband is allowed to have relations with her at any time he desires, and she is considered to be his wife with regard to all matters. Once she enters the chuppah, she is called anesu'ah, although [the couple] has not engaged in sexual relations.
[The above applies when] it is fitting to engage in relations with the woman. If, however, the woman is in the niddah state [when relations are forbidden], the marriage bond is not completed and she is still considered to be an arusahalthough she entered the chuppah and remained in privacy [with her husband].6
Halacha 3
The marriage blessings must be recited in the groom's home7before the marriage takes place. There are six blessings; they are:
Blessed are You, God, our Lord, King of the universe, who has created all things for His glory.Blessed are You, God, our Lord, King of the universe, Creator of man.8Blessed are You, God, our Lord, King of the universe,9 who created man in His image, in an image reflecting His likeness; [He brought forth] his form and prepared for him from His own Self a structure that will last for all time.10Blessed are You, God, Creator of man.May the barren one rejoice and exult as her children are gathered to her with joy. Blessed are You, God, who makes Zion rejoice in her children.11Grant joy to these loving companions, as You granted joy to Your creation in the Garden of Eden long ago. Blessed are You, God, who grants joy to the groom and the bride.12Blessed are You, God, our Lord, King of the universe, who created joy and happiness, bride and groom, gladness, song, cheer and delight, love and harmony, peace and friendship. Soon, God, our Lord, may there be heard in the cities of Judah and the outskirts of Jerusalem, a voice of joy and a voice of happiness, a voice of a groom and a voice of a bride, a voice of grooms rejoicing from their wedding canopies and youths from their songfests.13Blessed are You, God, who grants joy to the groom together with the bride.14
Halacha 4
If wine is available, a cup of wine should be brought, and the blessing over wine recited first. Afterwards, all the above blessings should be recited over the cup of wine; thus, one recites seven blessings.15
In certain places, it is customary to bring a myrtle [branch] together with the wine. The blessing over the myrtle is recited after [the blessing over] the wine, and then the six blessings [mentioned above] are recited.
Halacha 5
The wedding blessings are recited only in the presence of a quorum of ten adult free men.16 The groom is counted as part of the quorum.
Halacha 6
When a man consecrates a woman, recites the wedding blessings, but does not enter into privacy with her in his home, she is still considered to be [merely] an arusah. For nisu'in are not established by the recitation of the wedding blessings, but rather by [the couple's] entry into the chuppah.
When [a man] consecrates [a woman] and [the two] enter a chuppah, but do not have the wedding blessings recited, the woman is considered to be married with regard to all matters. The wedding blessings may be recited even after several days have passed.
A woman in the niddah state should not marry until she is purified. The marriage blessings are not recited for her until she is purified.17 If a person transgresses, marries [a woman in this state] and has the blessings recited, they should not be recited again afterwards.
Halacha 7
[A man] must write a marriage contract (a ketubah) [for his wife] before their entry into the chuppah; only afterwards is he permitted to live with his wife. The groom pays the scribe's fee.
How much does [the marriage contract require him to promise to have paid to her in the event of his death or his divorcing her]? If the bride is a virgin, no less than 200 dinarim. If she is not a virgin, no less than 100 dinarim.18 This amount is called the fundamental requirement of the ketubah.
If the groom desires to add to this amount he may, [promising any sum,] even a talent of gold. The laws pertaining to this addition and to the fundamental requirement of the ketubah are the same with regard to most matters. Therefore, every time the term ketubah is used without any additional explanation, it should be understood to include the fundamental requirement of the ketubah together with the additional amount [promised by the groom].
Halacha 8
[Our Sages] did not require that these dinarim be of pure silver. Instead, [their intent was] the coin [commonly used] in the [Talmudic] period, which was seven parts copper and one part silver. Thus, a sela (a coin worth fourdinarim) contained half a zuz of [pure] silver.21 And the 200 dinarim to be paid a virgin were equivalent to 25 zuz of pure silver, while the 100 zuz to be paid to a woman who had previously engaged in sexual relations was 12 and a halfzuz [of pure silver].
The weight of each zuz is 96 barley corns, as explained at the beginning of[Hilchot] Eruvin.22 A dinar is universally referred to as a zuz, regardless of whether it was of pure silver or of the coins used in the [Talmudic] period.
Halacha 9
[A marriage contract] for a virgin may not be less than 200 [zuz], nor less than 100 [zuz] for a woman who is not a virgin. Whenever anyone [composes a marriage contract for] a lesser sum, the sexual relations [he conducts with his wife] are considered promiscuous.
[Marital relations] are permitted whether the husband composes a legal document [recording] the ketubah, or whether he has witnesses observe him making a commitment for either 100 or 200 [zuz] and [reaffirms that] commitment with a contractual act.23 Similarly, if [a man] gives his wife possessions equivalent to the value of her ketubah [as security], he is permitted to engage in relations with her until he has the opportunity to [have the document] composed.24
Halacha 10
When a man brings a woman [into a chuppah] without writing a ketubah for her, or he has written her a ketubah but it was lost, or the woman waived theketubah in favor of her husband, or she sold her ketubah to him, he must compose a document [obligating himself] for [at least] the fundamental requirement of the ketubah25 if he desires to continue living with his wife. For it is forbidden for a man to continue living with his wife for even a single moment without [her having] a ketubah.
When, however, a woman sells her ketubah to others for the possible benefit,26 [her husband] does not have to write another ketubah for her. For the ketubah was instituted solely so that it would not be a casual matter for [a man] to divorce [his wife]. In this instance, if [the woman's husband] divorces her, he must pay her ketubah to the purchaser in the same way that he would pay her if she had not sold it.
Halacha 11
When [a man] consecrates a woman and writes her a ketubah, but does not enter into a chuppah with her, her status is that of an arusah and not that of anesu'ah. For a ketubah does not bring about nisu'in. If [the husband] dies or divorces her, she may collect the fundamental requirement of the ketubahfrom property possessed by the man or his estate.27 She does not collect the additional sum [that he attached to the ketubah] at all, for they did not enter [achuppah].28
If, by contrast, a man consecrates a woman and does not write a ketubah for her, and he dies or divorces her while she is still an arusah, she has no claim against him, not even for the fundamental [requirement of the ketubah]. For our Sages did not grant [a woman] the fundamental requirement of theketubah until the marriage is consummated or until the husband writes a document for her.29
When a man consecrates his daughter, and [her intended husband] writes her a ketubah and dies or divorces her while she is a na'arah, her father receives [payment for] her ketubah, as explained in Chapter Three30 above.
Halacha 12
Similarly, our Sages ordained that whoever weds a virgin should celebrate with her for seven days.31 He should not pursue his occupation, nor should he involve himself in commercial dealings; he should eat, drink and celebrate.32[This ruling applies] regardless of whether the groom had been married before or not.
If the bride is not a virgin, [he should celebrate with her] for no less than three days. For it is an ordinance of our Sages that a husband - regardless of whether he was married before or not - should celebrate with a non-virgin bride for three days.33
Halacha 13
A man may wed several women at one time on one day and recite the marriage blessings for all of them at the same time. With regard to the celebrations, however, he must rejoice with each bride the time allotted to her: seven days for a virgin, three days for a non-virgin. One celebration should not be allowed to overlap with another.34
Halacha 14
It is permitted to consecrate a woman on any weekday,35 even on Tish'ah B'Av,36 whether during the day or during the night. With regard to weddings, by contrast, a wedding is not conducted on a Friday37 or a Sunday. [This is] a decree, [ordained] lest conducting the wedding feast lead to the desecration of the Sabbath, for a groom is preoccupied with the wedding feast. Needless to say, a wedding is not conducted on the Sabbath.38
Even on Chol HaMo'ed weddings are not held, as we have explained,39 for one celebration should not be mixed with another, as [implied by Genesis 29:27]: "Complete the week [of celebration] of this one and then I will give you this other one."
On other days, it is permitted to wed a woman on any day one desires, provided one spends three days preparing for the wedding feast.
Halacha 15
In a locale where the court holds session only on Monday and Thursday, a virgin bride should be wed on Wednesday. Thus, if her husband has a claim with regard to her virginity,40 he can take it to the court early the next morning.41
It is the custom of the Sages that a man who weds a non-virgin bride should wed her on Thursday, so that he will celebrate with her on Thursday, Friday and the Sabbath.42 On Sunday, he will go back to work.
Halacha 16
Halacha 17
If a man consecrated [a girl], delayed several years, and seeks to wed her while she is a na'arah, the girl is given twelve months from the day he makes his request, to outfit herself45and prepare what she needs for him. Only afterwards, must she wed.
If he makes his request after she becomes a bogeret, she is given twelve months from the day she becomes a bogeret. Similarly, if he consecrates her on the day on which she becomes a bogeret, she is given twelve months from the day of the kiddushin - i.e., the day on which she became a bogeret.
When he consecrates her after she has become a bogeret, if more than twelve months have passed from the time she became a bogeret until he consecrates her, she is given only 30 days from the day he requests to wed her [to prepare]. Similarly, when a man consecrates a non-virgin bride,46 she is given 30 days [to prepare] from the day he requests to wed her.
Halacha 18
Just as a woman is given time to outfit herself after her groom requests to wed her and then the wedding is held, so too, time is granted to the man to prepare himself47 if the woman requests the wedding to be held.
How much time is granted him? The same as is granted her. If [she would be granted] twelve months, [he is granted] twelve months. If [she would be granted] thirty days, [he is granted] thirty days.48
Halacha 19
When the time allotted to the man passes and he still has not wed his arusah, he is obligated to provide her livelihood, although they have not wed. [Nevertheless,] if [the final day in] the time allotted him falls on Sunday or Friday, he is not liable for her livelihood on that day, for the wedding cannot be held then.49 Similarly, if he or she falls ill or she enters the niddah state at the conclusion of the time allotted him, he is not obligated to provide her with her livelihood. For she is not fit to wed until she purifies herself,50 or until she becomes healthy. Similarly, he is not able to wed a woman until he regains his health.
FOOTNOTES
1.
Indeed, the two are forbidden to remain in privacy together. For the prohibition againstyichud, being alone with a woman other than one's wife, applies until the marriage is consummated (Ramah, Even HaEzer 55:1).
2.
This is alluded to by the wording of the blessing recited before consecrating a woman (Chapter 3, Halachah 24), which praises God "who has forbidden the arusotto us, and permitted to us those who are married by [the rites of] chuppah andkiddushin" (Kessef Mishneh).
3.
Popularly, the term chuppah is understood to refer to the wedding canopy. There are also sources for this definition (see Sotah49b and Rashi's commentary; for other definitions, see the notes of the Ramah,Even HaEzer 55:1). Nevertheless, the common practice is to follow the Rambam's view as well. For this reason, after the ceremony under the wedding canopy, the bride and groom go to a private room, thecheder yichud. This constitutes the halachic definition of chuppah.
4.
As mentioned previously, in Jewish law, marriage is a two-stage process involvingerusin and nisu'in. Erusin (also referred to as kiddushin) is the stage described in the previous chapters, that causes a woman to be designated as a man's wife and causes her to be forbidden to other men. It is not until nisu'in, however, that the couple begins living together as man and wife. At present,nisu'in follows directly after erusin; under the wedding canopy the groom consecrates the bride, and afterwards they go to a private room.
5.
I.e., all the privileges and obligations of theketubah (marriage contract) apply. He alone nullifies her vows, and if he is a priest, should his wife die, he must become impure when burying her.
6.
This ruling is not accepted by Rabbenu Asher and other authorities. They maintain that a chuppah conducted with a niddah is binding, despite the fact that the couple are forbidden to engage in sexual relations. (SeeTur and Shulchan Aruch 61:1.) At present, every effort is made to schedule a wedding so that the woman will not be in the niddahstate at that time. If, however, that is not possible, the wedding is held and is considered binding, despite the woman's condition.
7.
This applied when the wedding celebrations were held in the groom's home. The intent is that the blessings be recited before the complete establishment of the marriage bond. Therefore, at present, these blessings are recited under the marriage canopy, before the couple goes to their private room.
8.
Rashi (Ketubot 7b) explains that this blessing is in praise of the creation of Adam, the first man.
In Hilchot Berachot 10:11, where the text of the wedding blessings is mentioned, this blessing precedes the blessing "who has created all things for His glory." The order mentioned in these halachot is the sequence in which these blessings are recited today. It appears more appropriate, particularly according to Rashi's commentary (ibid.), which explains that the blessing "who has created all things..." is not directly connected to the wedding itself, but rather is recited in appreciation of the guests who have come to celebrate together with the new couple.
9.
Despite the fact that this blessing follows two (or three) blessings that begin with "Blessed..." it also begins with "Blessed...." Among the explanations offered is that the first blessings are short, and if the phrase "Blessed..." were not mentioned, they would appear to be a single blessing (Tosafot, Ketubot, ibid.).
10.
Rashi (ibid.) interprets this as a reference to the creation of woman, who was created from man ("his own self"), and gives him the potential for reproduction ("a structure that will last for all time").
11.
"The barren one" refers to Jerusalem.Psalms 137:6 states: "Let my tongue cleave to my palate if I do not place Jerusalem above my highest joy." Thus, at the height of the wedding celebration, we recall the holy city and pray that it be rebuilt.
12.
This is a prayer that the bride and groom enjoy the happiness experienced by Adam and Eve before the first sin.
13.
Cf. Jeremiah 33:11. This blessing joins our wishes for the happiness of the particular couple with our hope for the Messianic redemption and the rebuilding of Jerusalem. The ultimate marriage relationship is the bond between God and the Jewish people, which will be realized in the Messianic age. Thus, the two themes, marriage and redemption, share an intrinsic link.
14.
Rashi, Ketubot 8a, explains the difference between the last two blessings. The fifth of the blessings concludes with a request that the bride and groom enjoy a lifetime of happiness and success together. The sixth and final blessing concludes with a request that they find happiness in each other, that their wedding joy be extended throughout their lives. Alternatively, the final blessing is a blessing for the Jewish people as a whole, who find fulfillment in married life.
15.
These seven blessings are also recited after grace at the festive meals held during the seven days of celebration after a couple's marriage. (See Hilchot Berachot 2:9-11.)
16.
Ketubot 7b derives this from Ruth 4:2, "And he took ten men from the elders of the city," which is interpreted to refer to the marriage between Boaz and Ruth.
In the Guide for the Perplexed, Vol. III, Chapter 49, the Rambam explains that our Sages required ten men to be present to publicize all weddings, so that a man will live together with a woman only after their marriage has become public knowledge. Their intent was to make it socially unacceptable for couples to live together without marriage.
17.
As mentioned in the notes on Halachah 2, although all efforts are made not to schedule a marriage when the woman is in the niddahstate, if this is unavoidable the wedding may be held and the blessings recited. Nevertheless, the consummation of the marriage is possible only when the woman is purified.
18.
Rav Ovadiah of Bertinoro (Pe'ah 8:8) states that this is the sum of money required for a person to support himself for one year.
19.
This point is a matter of debate, for there are certain opinions (among them that of Rabbenu Tam) that maintain that the obligation to pay the fundamental requirement of the ketubah stems from the Torah. Support for the latter opinion may be drawn from the wording commonly used in most Ashkenazic ketubot "200 silver zuzthat are rightfully yours [as required by] the Torah." [Significantly, even the text of theketubah in the standard printed texts of theMishneh Torah (Hilchot Yibbum VaChalitzah4:34) includes this phrase. Nevertheless, many authorities maintain that this is a printer's addition and not the Rambam's own words.]
Most authorities (including Rabbenu Asher) agree that the obligation to pay the fundamental requirement of the Ketubah is Rabbinic in origin. Nevertheless, the abovementioned phrase is traditionally included in the ketubah to teach us the value of the silver to which we are referring, as is explained in the notes on the following halachah.
20.
I.e., when the man understands that divorcing his wife will cost him a significant sum of money, he will think twice before doing so.
21.
The Ashkenazic authorities (even those who agree with the Rambam with regard to the Rabbinic origin of the fundamental requirement of the ketubah) differ with him regarding the value the man is required to pay [Tur, Ramah (Even HaEzer 66:6)]. According to these authorities, our Sages ordained that a man pay his virgin bride 200zuz of pure silver. With regard to a bride who is not a virgin, however, they differ and maintain that the obligation is 100 zuz of the Talmudic period. In practice, however, the custom is to give such a bride half the sum given to a virgin (Beit Shmuel 66:14).
22.
Chapter 1, Halachah 12. According to most authorities, the equivalent of a dinar in contemporary measure is 4.8 grams. According to Rabbi Shneur Zalman of Liadi (Piskei Siddur), it is 5.1 grams.
23.
I.e., a kinyan chalifin, in which the recipient gives the seller a handkerchief and thus reaffirms his commitment. After this act, the transaction is binding. (See Hilchot Mechirah5:5.)
Once a person reaffirms his commitment by performing a contractual act in the presence of witnesses, the witnesses have the right to draw up a document attesting to the obligation he accepted upon himself. They need not consult him before doing so (Ketubot 55a).
24.
Implied by the Rambam's wording is that this is only a temporary measure, and that aketubah must be composed at the earliest possible opportunity. (See Ramah, Even HaEzer 66:2.)
25.
I.e., he does not have to give her the full value of her original ketubah. He must, however, give her a ketubah in which he obligates himself for the minimal amount required by our Sages. Note the Beit Shmuel66:10, who questions whether he must write the ketubah for 100 or 200 zuz.
The Beit Shmuel (op. cit.) and the Chelkat Mechokek 66:14 state that the man is obligated for the minimal amount only in the latter two instances mentioned by the Rambam. When the woman loses herketubah, her husband must write her a newketubah for the initial amount.
26.
I.e., she sells the rights to her ketubah to a purchaser for a price below its face value. Should her husband die or divorce her, the purchaser receives the full value of theketubah. If the woman dies before her husband, the purchaser does not receive anything.
27.
I.e., after a marriage has been consummated, a woman may collect her due even from property that has been sold, for all her husband's property is on lien to her ketubah. Before the marriage bond is consummated, however, she does not have this right (Ketubot 43b).
Rabbenu Asher and Rabbenu Nissim differ with the Rambam in this regard and maintain that the woman should be able to collect herketubah from property that has been sold as well. The Shulchan Aruch (Even HaEzer55:6) follows the Rambam's view.
28.
Ketubot 54b explains that the additional amount was granted the woman in consideration of the couple's sexual relationship.
29.
In this matter as well, Rabbenu Asher differs with the Rambam and maintains that a woman is entitled to a ketubah from erusinonward. The Shulchan Aruch (ibid.) quotes the Rambam's view. Although the Ramah mentions Rabbenu Asher's opinion, he states that it is customary to follow the Rambam's ruling.
30.
Halachah 11.
31.
Hilchot Eivel 1:1 states that Moses ordained the seven days of mourning and the seven days of wedding celebrations for the Jewish people.
32.
During these days, it is customary for the friends and family of the bride and groom to host them at celebrations referred to assheva berachot ("seven blessings") for the seven wedding blessings recited after the meal at these celebrations, as explained inHilchot Berachot, Chapter 2.
33.
The Maggid Mishneh states that if the groom was not married previously, he should celebrate with his bride for seven days even when she had been married before. He draws support from Hilchot Berachot 2:9, which states that in such an instance the seven wedding blessings are recited for the week following the wedding.
34.
See Halachah 14, which explains the source for this ruling.
35.
Even during Chol Hamo'ed (Hilchot Sh'vitat Yom Tov 7:16).
36.
The mourning customs of that day do not prevent one from consecrating a wife. The rationale: another man may consecrate the woman instead of him (Jerusalem Talmud,Ketubot 1:1).
37.
Although many of the early Sephardi authorities object, the Shulchan Aruch (Even HaEzer 64:3, based on the ruling of the Tur) states that in the present age, it is customary to hold weddings on Friday, provided the groom spends three days preparing for the wedding feast.
(A wedding may be held on Sunday or Monday. The fact that the Sabbath is interposed in between does not mean that three days were not spent in preparation for the wedding.)
38.
With regard to weddings on the Sabbath, there is an additional reason for the prohibition. A wedding involves a kinyan, the acquisition of the rights of the marriage contract, and it is forbidden to make akinyan on the Sabbath (Hilchot Shabbat23:14).
39.
Hilchot Sh'vitat Yom Tov, loc. cit.
40.
This subject is discussed in detail in the following chapter.
41.
Our Sages desired that he take the matter to court so the matter be investigated, lest the bride had in fact committed adultery (for in the Talmudic age, erusin preceded nisu'in). If the wedding were held on another day, our Sages feared that in the time the husband was waiting for the court to hold sessions, his wife would soothe his anger (Rashi,Ketubot 2a).
42.
Since the wedding blessings are recited for only one day when both the bride and the groom have been married before, our Sages feared that the man would ignore his wife on the day following their wedding and immediately return to work. To prevent this, they suggested that the wedding be held on Thursday. For the husband will not consider going to work on Friday and the Sabbath (Ibid.).
43.
I.e., if the husband forces the bride to agree, the wedding is binding. The Drishah (Even HaEzer 56) interprets the Rambam's wording to mean that the father desires to have his daughter wed before she comes of age. Some maintain that there is a slight printing error in the standard text of theMishneh Torah, and the proper version is "if they desire" - i.e., the bride and her father. (See Chelkat Mechokek 56:6.)
44.
Instead, the father should wait until his daughter comes of age and willingly agrees to marry her spouse. (See Chapter 3, Halachah 19.)
45.
I.e., to buy garments and jewelry (Ketubot57b).
46.
I.e., even if she is not yet a bogeret. TheMaggid Mishneh and others explain that the Rambam is referring to a widow who is consecrated. (Therefore, she is given only 30 days, for she had already prepared herself for her first marriage.) He uses the term "non-virgin" to exclude a bride who had previously been widowed after consecration, but had never wed.
47.
I.e., to prepare for the wedding celebrations and to prepare a home and furnishings.
48.
The Maggid Mishneh states that the Rambam's wording implies that everything depends on the woman's status. If she would be given twelve months to prepare herself, her husband is given that amount of time. The Jerusalem Talmud (Ketubot 5:3) states that it is his status that is the determining factor: if he has never been married, he is given twelve months. If he is a widower, he is given thirty days. The Tur(Even HaEzer 56) follows that position.
49.
See Halachah 14. With regard to this and the other examples that follow, the rationale is that since he is prevented by forces beyond his control from wedding her, he is not liable. Note the Ramah (Even HaEzer 56:3), who states that if the man voluntarily delays the wedding and thus, becomes obligated to support his arusah, he must continue to support her even if she falls ill, and the wedding must be postponed because of her illness.
50.
See Halachah 2.
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Hayom Yom:
• English Text | Video Class• Friday, Shevat 19, 5776 · 29 January 2016
"Today's Day"
Monday Sh'vat 19 5703
Torah lessons: Chumash: Yitro, Sheini with Rashi.
Tehillim: 90-96.
Tanya: Hence they are (p. 93)...body to a soul. (p. 95).
The first positive mitzva is, in the words of Rambam,1 "To know that there is a First Being, who caused the existence of all beings...The knowledge of this principle is a positive command, as it is said, I am the Eternal your G-d."
This is a Mitzva relating to mind and intellect.* True, every one of Israel believes in G-d with a simple faith, and his heart is whole with G-d; still it is the duty of the mind and intellect to bring this faith to a level of knowledge and comprehension. This is the meaning of "To know that there is a First Being;" the Mitzva specifies comprehension and intellectual grasp, as written in Torah: "Know the G-d of your father and serve Him with a whole heart"2 and it is also written, "know this day etc."3
FOOTNOTES
1. Maimonides: Mishneh Torah, Yesodei haTorah 1:1.
*. See "On Learning Chassidus" (Kehot) p. 33.
2. Divrei Hayamim I, 28:9.
3. Devarim 4:9.
Hayom Yom:
• English Text | Video Class• Friday, Shevat 19, 5776 · 29 January 2016
"Today's Day"
Monday Sh'vat 19 5703
Torah lessons: Chumash: Yitro, Sheini with Rashi.
Tehillim: 90-96.
Tanya: Hence they are (p. 93)...body to a soul. (p. 95).
The first positive mitzva is, in the words of Rambam,1 "To know that there is a First Being, who caused the existence of all beings...The knowledge of this principle is a positive command, as it is said, I am the Eternal your G-d."
This is a Mitzva relating to mind and intellect.* True, every one of Israel believes in G-d with a simple faith, and his heart is whole with G-d; still it is the duty of the mind and intellect to bring this faith to a level of knowledge and comprehension. This is the meaning of "To know that there is a First Being;" the Mitzva specifies comprehension and intellectual grasp, as written in Torah: "Know the G-d of your father and serve Him with a whole heart"2 and it is also written, "know this day etc."3
FOOTNOTES
1. Maimonides: Mishneh Torah, Yesodei haTorah 1:1.
*. See "On Learning Chassidus" (Kehot) p. 33.
2. Divrei Hayamim I, 28:9.
3. Devarim 4:9.
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• Daily Thought:
Words of the Other
If you have spoken to another and your words did not help, it is proof you did not speak with him, but with yourself. Your words may be the words you wanted to say, the words you believe, but they are not the words he needed to hear.
If you would speak to him and speak his words, then certainly he would hear.
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