Torah Reading
Tzav: Leviticus 6:1
(8) Adonai said to Moshe, 2 (9) “Give this order to Aharon and his sons: ‘This is the law for the burnt offering [Leviticus 6:2 Hebrew: ‘olah]: it is what goes up [Leviticus 6:2 Hebrew: ‘olah] on its firewood upon the altar all night long, until morning; in this way the fire of the altar will be kept burning. 3 (10) When the fire has consumed the burnt offering on the altar, the cohen, having put on his linen garment and covered himself with his linen shorts, is to remove the ashes and put them beside the altar. 4 (11) Then he is to remove those garments and put on others, before carrying the ashes outside the camp to a clean place. 5 (12) In this way, the fire on the altar will be kept burning and not be allowed to go out. Each morning, the cohen is to kindle wood on it, arrange the burnt offering and make the fat of the peace offerings go up in smoke. 6 (13) Fire is to be kept burning on the altar continually; it is not to go out.
7 (14) “‘This is the law for the grain offering: the sons of Aharon are to offer it before Adonai in front of the altar. 8 (15) He is to take from the grain offering a handful of its fine flour, some of its olive oil and all of the frankincense which is on the grain offering; and he is to make this reminder portion of it go up in smoke on the altar as a fragrant aroma for Adonai. 9 (16) The rest of it Aharon and his sons are to eat; it is to be eaten without leaven in a holy place — they are to eat it in the courtyard of the tent of meeting. 10 (17) It is not to be baked with leaven. I have given it as their portion of my offerings made by fire; like the sin offering and the guilt offering, it is especially holy. 11 (18) Every male descendant of Aharon may eat from it; it is his share of the offerings for Adonai made by fire forever through all your generations. Whatever touches those offerings will become holy.’”
Today's Laws & Customs:
• Earliest Day for Megillah Reading In Talmudic times, a special stipulation allowed for Jews living in small villages or hamlets to hear the reading of the Megillah (Book of Esther) on the Monday or Thursday before Purim -- the days when villagers would come to town because the courts were in session. Depending on the year's configuration, this meant that the Megillah could be read as early as the 11th of Adar or as late as the 15th -- but no earlier or later than these dates (Talmud, beginning of Tractate Megillah).
Link: The Book of Esther with commentary
Today in Jewish History:
• First Print of Rashi (1475)
Rashi, the most basic commentary on the Torah, was printed for the first time, in Reggio di Calabria, Italy. In this print, the commentary on the Five Books of Moses, authored in the 11th century by Rabbi Shlomo Yitzchaki, was not on the same page as the text of the Scriptures, as it is normally printed today.
This was the first time that the rounded Hebrew font was used, the font which has since become known as "Rashi Letters."
Links:
Rashi
Did Rashi Lack a Scientific Method?
• Passing of the "Rogatchover Prodigy" (1936)
Rabbi Yosef Rosen, known as the Rogatchover Gaon (Prodigy/Genius), passed away in Vienna on Thursday, March 5, 1936.
Rabbi Rosen, born in 1858, and raised in the Belarusian city of Rogatchov, served for decades as a rabbi in the Latvian city of Dvinsk (Daugavpils). He was an unparalleled genius, whose in depth understanding of all Talmudic literature left the greatest of scholars awestruck. He habitually demonstrated that many of the famous debates between the Talmudic sages have a singular thread and theme.
Rabbi Rosen authored tens of thousands of responsa on the Talmud and Jewish law. Many of them have been compiled in the set of volumes Tzafnat Paneach.
Daily Quote:
"Love is strong as death" (Song of Songs 8:6) -- this is the love with which Jacob loved Joseph... "Envy is harsh as the grave" (ibid.) -- this is the envy of the brothers to Joseph. What can love achieve in face of envy?[Midrash Tanchuma]
Daily Study:
Chitas and Rambam for today:
Chumash: Tzav, 2nd Portion Leviticus 6:12-7:10 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 6
12And the Lord spoke to Moses, saying, יבוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
13This is the offering of Aaron and his sons, which they shall offer to the Lord, on the day when [one of them] is anointed: One tenth of an ephah of fine flour for a perpetual meal offering, half of it in the morning and half of it in the evening. יגזֶ֡ה קָרְבַּן֩ אַֽהֲרֹ֨ן וּבָנָ֜יו אֲשֶׁר־יַקְרִ֣יבוּ לַֽיהֹוָ֗ה בְּיוֹם֙ הִמָּשַׁ֣ח אֹת֔וֹ עֲשִׂירִ֨ת הָֽאֵפָ֥ה סֹ֛לֶת מִנְחָ֖ה תָּמִ֑יד מַֽחֲצִיתָ֣הּ בַּבֹּ֔קֶר וּמַֽחֲצִיתָ֖הּ בָּעָֽרֶב:
This is the offering of Aaron and his sons: Ordinary kohanim must also offer [a meal-offering, consisting of] a tenth of an ephah [of flour], on the day they are inaugurated into service. The Kohen Gadol, however, must bring [this meal-offering] every day, as it is said, “a perpetual meal-offering…” (verse 15), “And the kohen who is anointed instead of him from among his sons …an eternal statute.” - [Torath Kohanim 6:39, 44]
זה קרבן אהרן ובניו: אף ההדיוטות מקריבין עשירית האיפה ביום שהן מתחנכין לעבודה, אבל כהן גדול בכל יום, שנאמר מנחה תמיד וגו' והכהן המשיח תחתיו מבניו וגו' חק עולם וגו':
14It shall be made with oil on a shallow pan, after bringing it scalded and repeatedly baked; you shall offer a meal offering of broken pieces, [with] a pleasing fragrance to the Lord. ידעַל־מַֽחֲבַ֗ת בַּשֶּׁ֛מֶן תֵּֽעָשֶׂ֖ה מֻרְבֶּ֣כֶת תְּבִיאֶ֑נָּה תֻּֽפִינֵי֙ מִנְחַ֣ת פִּתִּ֔ים תַּקְרִ֥יב רֵֽיחַ־נִיחֹ֖חַ לַֽיהֹוָֽה:
scalded: Boiling water is poured over it [i.e., over the dough], until it is thoroughly scalded. — [Torath Kohanim 6:46]
מרבכת: חלוטה ברותחין כל צרכה:
repeatedly baked: Heb. תֻּפִינֵי, baked many times over, namely, after the scalding (חֲלִיטָה), he bakes it in an oven and afterwards fries it in a shallow pan. — [Men. 50b]
תפיני: אפויה אפיות הרבה, שאחר חליטתה אופה בתנור וחוזר ומטגנה במחבת:
a meal-offering of broken pieces: [This] teaches [us] that it requires breaking up. [Old Rashi edition continues: But not really breaking of the offering into separate pieces and crumbs, since it is not scooped, but he folds it in two, and folds it again in four, [first] vertically and [then] horizontally. However, he does not separate it [into pieces]. In this form, he burns it as a fire-offering. This is explained in Torath Kohanim. — [see Torath Kohanim 6:48, Men. 75b]
מנחת פתים: מלמד שטעונה פתיתה:
15And the kohen who is anointed instead of him from among his sons, shall prepare it; [this is] an eternal statute; it shall be completely burnt to the Lord. טווְהַכֹּהֵ֨ן הַמָּשִׁ֧יחַ תַּחְתָּ֛יו מִבָּנָ֖יו יַֽעֲשֶׂ֣ה אֹתָ֑הּ חָק־עוֹלָ֕ם לַֽיהֹוָ֖ה כָּלִ֥יל תָּקְטָֽר:
who is anointed instead of him from among his sons: [This is to be understood as if transposed: The kohen] who is anointed from among his sons instead of him.
המשיח תחתיו מבניו: המשיח מבניו תחתיו:
It shall be completely burnt: [When there is a קְמִיצָה procedure, what is scooped out is burned on the altar, and the remainder is eaten by the kohanim. However, in this offering,] there is no קְמִיצָה procedure to enable any remainder to be eaten; but, it is burnt in its entirety. Similarly, any voluntary meal-offering brought by a kohen, must be completely burned.
כליל תקטר: אין נקמצת להיות שיריה נאכלין אלא כולה כליל, וכן כל מנחת כהן של נדבה כליל תהיה:
16Every meal offering of a kohen shall be completely burnt; it shall not be eaten. טזוְכָל־מִנְחַ֥ת כֹּהֵ֛ן כָּלִ֥יל תִּֽהְיֶ֖ה לֹ֥א תֵֽאָכֵֽל:
completely: Heb. כָּלִיל All of it must be equally offered to God on High.
כליל: כולה שוה לגבוה:
17And the Lord spoke to Moses, saying, יזוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
18Speak to Aaron and to his sons, saying, This is the law of the sin offering: The sin offering shall be slaughtered before the Lord in the place where the burnt offering is slaughtered. It is a holy of holies. יחדַּבֵּ֤ר אֶל־אַֽהֲרֹן֙ וְאֶל־בָּנָ֣יו לֵאמֹ֔ר זֹ֥את תּוֹרַ֖ת הַֽחַטָּ֑את בִּמְק֡וֹם אֲשֶׁר֩ תִּשָּׁחֵ֨ט הָֽעֹלָ֜ה תִּשָּׁחֵ֤ט הַֽחַטָּאת֙ לִפְנֵ֣י יְהֹוָ֔ה קֹ֥דֶשׁ קָֽדָשִׁ֖ים הִֽוא:
19The kohen who offers it up as a sin offering shall eat it; it shall be eaten in a holy place, in the courtyard of the Tent of Meeting. יטהַכֹּהֵ֛ן הַֽמְחַטֵּ֥א אֹתָ֖הּ יֹאכְלֶ֑נָּה בְּמָק֤וֹם קָדשׁ֙ תֵּֽאָכֵ֔ל בַּֽחֲצַ֖ר אֹ֥הֶל מוֹעֵֽד:
who offers it as a sin offering: Heb. הַמְחַטֵּא אתהּ, who performs the components of its service, i.e., the one through whom it becomes a sin-offering. [Thus, the word הַמְחַטֵּא means, “the one who makes it into a sin-offering (חַטָּאת).”]
המחטא אתה: העובד עבודותיה שהיא נעשית חטאת על ידו:
The kohen who offers it as a sin offering shall eat it: [Any kohen] fit for the service; this comes to exclude a kohen who is unclean at the time of the dashing of the blood, who does not take a share in the flesh. - [Torath Kohanim 6:58] But, it is impossible to say that [this verse] prohibits other kohanim from eating it, except the kohen who dashes its blood, for it says further (verse 22),“Any male among the kohanim may eat it.”
המחטא אתה יאכלנה: הראוי לעבודה, יצא טמא בשעת זריקת דמים שאינו חולק בבשר, ואי אפשר לומר שאוסר שאר כהנים באכילתה חוץ מן הזורק דמה, שהרי נאמר למטה (פסוק כב) כל זכר בכהנים יאכל אתה:
20Anything that touches its flesh shall become holy, and if any of its blood is sprinkled on a garment, [the area of the garment] upon which it has been sprinkled, you shall wash in a holy place. ככֹּ֛ל אֲשֶׁר־יִגַּ֥ע בִּבְשָׂרָ֖הּ יִקְדָּ֑שׁ וַֽאֲשֶׁ֨ר יִזֶּ֤ה מִדָּמָהּ֙ עַל־הַבֶּ֔גֶד אֲשֶׁר֙ יִזֶּ֣ה עָלֶ֔יהָ תְּכַבֵּ֖ס בְּמָק֥וֹם קָדֽשׁ:
Anything that touches its flesh: Any item of food that touches it and absorbs from it. — [Torath Kohanim 6:60]
כל אשר יגע בבשרה: כל דבר אוכל אשר יגע ויבלע ממנה:
shall become holy: to be like it, insofar as: If [that sin-offering] is invalid, it [whatever touched the sin-offering], becomes invalid, and if [that sin-offering] is valid, it [whatever touched the sin-offering] must be eaten under the same stringency as the sin-offering [namely, only during the day of offering and the following night. — [Torath Kohanim 6:60]
יקדש: להיות כמוה, אם פסולה תפסל, ואם היא כשרה תאכל כחומר שבה:
and if some of its blood is sprinkled on a garment: Heb. וַאִשֶׁר יִזֶּה, [usually, and what will be sprinkled …, which would mean that the blood must be sprinkled on the garment. Therefore, Rashi remarks that אִשֶׁר in this case is like אִם, and the verse is to be rendered:] And if some of its blood is sprinkled on a garment, [the area of the garment] which it has been sprinkled, shall be washed within the courtyard [of the Holy Temple]. — [Torath Kohanim 6:63]
ואשר יזה מדמה על הבגד: ואם הוזה מדמה על הבגד, אותו מקום דם הבגד אשר יזה עליה, תכבס בתוך העזרה:
upon which it has been sprinkled: [The verb יִזֶּה is in the passive form, having the meaning: To be sprinkled and thus here, the phrase, אֲשֶׁר יִזֶּה עָלֶיהָ means, “upon which it has been sprinkled”]. This is similar to the verse, “neither will the gratification of their desire be extended (יִטֶּה) to the earth” (Job 15:29), [where the verb יִטֶּה is also in the passive form, with the meaning:] “to be extended.”
אשר יזה: יהא נזה, כמו (איוב טו כט) ולא יטה לארץ מנלס, יהא נטוי:
21An earthenware vessel in which it is cooked shall be broken, but if it is cooked in a copper vessel, it shall be purged and rinsed with water. כאוּכְלִי־חֶ֛רֶשׂ אֲשֶׁ֥ר תְּבֻשַּׁל־בּ֖וֹ יִשָּׁבֵ֑ר וְאִם־בִּכְלִ֤י נְח֨שֶׁת֙ בֻּשָּׁ֔לָה וּמֹרַ֥ק וְשֻׁטַּ֖ף בַּמָּֽיִם:
[An earthenware vessel in which it is cooked,] shall be broken: Because the absorption that had been absorbed in the vessel becomes נוֹתָר [literally, “left over.” I.e., the food remains within the vessel’s wall (see next Rashi), and subsequently, when the time limit for eating the sacrifice has expired, the absorption in the vessel wall is “left over.” Since נוֹתָר, “left over,” must be destroyed by burning, the food in the wall of this earthenware vessel must be destroyed by breaking the vessel]. The same law [of breaking the earthenware vessel in which meat of a sacrifice has been cooked,] applies also to all holy sacrifices [i.e., not just the sin-offering].
ישבר: לפי שהבליעה שנבלעת בו נעשה נותר, והוא הדין לכל הקדשים:
it is to be purged: Heb. וּמֹרַק, an expression stemming from the same root as “and with the ointments of the women (וּבְתַמְרוּקֵי הַנָשִׁים)” (Esther 2:12), [substances used for cleansing and perfuming women.] Escuremant in Old French [like the English, “scouring”].
ומרק: לשון תמרוקי הנשים (אסתר ב יב) אישקורימינ"ט בלע"ז [נקוי]:
purged and rinsed: to expel its absorption. [This is in the case of a metal vessel.] But an earthenware vessel, Scripture teaches you here [by requiring that it be broken,] that it never rids itself of its defect. - [Pes. 30b]
ומרק ושטף: לפלוט את בליעתו, אבל כלי חרס למדך הכתוב כאן שאינו יוצא מידי דפיו לעולם:
22Every male among the kohanim may eat it. It is a holy of holies. כבכָּל־זָכָ֥ר בַּכֹּֽהֲנִ֖ים יֹאכַ֣ל אֹתָ֑הּ קֹ֥דֶשׁ קָֽדָשִׁ֖ים הִֽוא:
Every male among the kohanim may eat it: From here, we learn that, “[The kohen] who offers it up as a sin-offering [shall eat it],” stated above (verse 19) does not come to exclude all other kohanim, but to exclude one who is unfit to offer it up as a sin-offering.
כל זכר בכהנים יאכל אתה: הא למדת שהמחטא אותה האמור למעלה לא להוציא שאר הכהנים, אלא להוציא את שאינו ראוי לחטוי:
23But any sin offering some of whose blood was brought into the Tent of Meeting to make atonement in the Holy, shall not be eaten; it shall be burned in fire. כגוְכָל־חַטָּ֡את אֲשֶׁר֩ יוּבָ֨א מִדָּמָ֜הּ אֶל־אֹ֧הֶל מוֹעֵ֛ד לְכַפֵּ֥ר בַּקֹּ֖דֶשׁ לֹ֣א תֵֽאָכֵ֑ל בָּאֵ֖שׁ תִּשָּׂרֵֽף:
But any sin-offering [some of whose blood was brought into the Tent of Meeting … shall not be eaten]: [This verse teaches us] that if one brings any of the blood of a sin-offering to be sacrificed on the outside altar, inside [the Holy], it [the sacrifice] becomes invalid. — [Zev. 81b]
וכל חטאת וגו': שאם הכניס מדם חטאת החיצונה לפנים פסולה. וכל לרבות שאר קדשים:
any: [This seemingly superfluous word comes] to include all other holy sacrifices [in this law].
Leviticus Chapter 7
1And this is the law of the guilt offering. It is a holy of holies. אוְזֹ֥את תּוֹרַ֖ת הָֽאָשָׁ֑ם קֹ֥דֶשׁ קָֽדָשִׁ֖ים הֽוּא:
It is a holy of holies: It shall be sacrificed, but an animal substituted for it may not be sacrificed, [rather it remains in pasture until it becomes defective and then is redeemed]. — [Torath Kohanim 7:79]
קדש קדשים הוא: הוא קרב ואין תמורתו קרבה:
2They shall slaughter the guilt offering in the place where they slaughter the burnt offering; and its blood shall be dashed upon the altar, around. בבִּמְק֗וֹם אֲשֶׁ֤ר יִשְׁחֲטוּ֙ אֶת־הָ֣עֹלָ֔ה יִשְׁחֲט֖וּ אֶת־הָֽאָשָׁ֑ם וְאֶת־דָּמ֛וֹ יִזְרֹ֥ק עַל־הַמִּזְבֵּ֖חַ סָבִֽיב:
They shall slaughter: Heb. יִשְׁחֲטוּ. [By using the plural verb, יִשְׁחֲטוּ, Scripture here has seemingly] come to describe many slaughterers [i.e., it has included the case of a communal guilt-offering, which has “many slaughterers,” i.e., is slaughtered for many]. However, since we do not find a case of a communal guilt-offering [mentioned in Scriptures, the verse is understood somewhat differently: it uses the plural pronoun,] as it links the guilt-offering with the burnt-offering [where we do have a case of a communal sacrifice], in order to include also the communal burnt-offering in the requirement that it too be slaughtered in the northern sector [of the Holy Temple courtyard, just as is required of an individual’s burnt-offering]. — [Torath Kohanim 7:82] [Rashi , as amended by Maharshal in Yerioth Shelomo , quoted by Leket Bahir. For alternative interpretations, see Chavel, Yosef Hallel. Many scholars consider this comment an addendum to Rashi because it does not appear in any early editions or manuscripts.]
ישחטו: ריבה לנו שחיטות הרבה, לפי שמצינו אשם בצבור, נאמר ישחטו רבים. ותלאו בעולה להביא עולת צבור לצפון:
3And all of its fat he shall offer from it: the tail and the fat covering the innards, גוְאֵ֥ת כָּל־חֶלְבּ֖וֹ יַקְרִ֣יב מִמֶּ֑נּוּ אֵ֚ת הָֽאַלְיָ֔ה וְאֶת־הַחֵ֖לֶב הַֽמְכַסֶּ֥ה אֶת־הַקֶּֽרֶב:
All of its fat…: Until here, the sacrificial parts of a guilt-offering had not yet been delineated. This is why Scripture needs to delineate them here (verses 34). However, [the sacrificial parts of] the sin-offering have already been delineated in the parashah of וַיִּקְרָא (see Lev. 4:89), [and that is why its sacrificial parts were not delineated in the section describing the law of the sin-offering (see verses 6:18-23 above)].
ואת כל חלבו וגו': עד כאן לא נתפרשו אמורין באשם, לכך הוצרך לפרשם כאן, אבל חטאת כבר נתפרשו בה בפרשת ויקרא (פרק ב):
the tail: [In the case of the peace-offering, the Torah treated sheep and goat offerings as two separate entities, by specifying the sacrificial procedures for each one separately (see Lev. 3:7-15). Why, then, is no distinction made between sheep and goats in the case of guilt-offerings?] Since [for] a guilt-offering only a ram (אַיִל) or a lamb (כֶּבֶשׂ) may be brought, and rams and lambs are included in [the category of those animals whose] tail [is one of the sacrificial parts, [no distinction is made between sheep and goats].
את האליה: לפי שאשם אינו בא אלא איל או כבש, ואיל וכבש נתרבו באליה:
4and the two kidneys [along] with the fat that is upon them, which is on the flanks, and the diaphragm with the liver; along with the kidneys he shall remove it. דוְאֵת֙ שְׁתֵּ֣י הַכְּלָיֹ֔ת וְאֶת־הַחֵ֨לֶב֙ אֲשֶׁ֣ר עֲלֵיהֶ֔ן אֲשֶׁ֖ר עַל־הַכְּסָלִ֑ים וְאֶת־הַיֹּתֶ֨רֶת֙ עַל־הַכָּבֵ֔ד עַל־הַכְּלָיֹ֖ת יְסִירֶֽנָּה:
5And the kohen shall cause them to [go up in] smoke on the altar as a fire offering to the Lord. It is a guilt offering. הוְהִקְטִ֨יר אֹתָ֤ם הַכֹּהֵן֙ הַמִּזְבֵּ֔חָה אִשֶּׁ֖ה לַֽיהֹוָ֑ה אָשָׁ֖ם הֽוּא:
It is a guilt-offering: Heb. אָשָׁם הוּא, [meaning that it is a guilt-offering] until its name is removed from it [by sending it out to pasture]. This teaches us concerning a guilt-offering whose owner has died, or whose owner has [lost the original animal, and subsequently] received atonement [through another animal], although it [the original guilt-offering animal] stands ready that its value [in money used to buy another animal which] is to be offered up as an עוֹלַת קַיִץ מִזְבֵּחַ (i.e., “a burnt-offering which was provision for the altar”; see Rashi, Lev. 1:2), nevertheless, if the [original guilt-offerings] were slaughtered, [if this had been done] before they are sent out to pasture. [Actually, the law is that the animals in these cases, the animal is sent out to pasture so that it become blemished and consequently unfit for sacrifice. Then it is sold, and its proceeds used for burnt-offerings for “provision for the altar.” Here, however, Rashi tells us that the status of “guilt-offering” is removed from the animal as soon as it is sent out to pasture, even before it becomes blemished. This expression, הוּא אָשָׁם, “It is a guilt-offering,”] does not come to teach us that a guilt-offering becomes invalid if it was sacrificed for another purpose [other than for a guilt-offering], as they expounded on [the word] הִיא in the case of the sin-offering (see Rashi Lev. 4:24, 5:9). [That is] because in the case of a guilt-offering, Scripture states “It is a guilt-offering” only after the sacrificial parts have been burnt. [And if we say that the verse is teaching us that the guilt-offering must be sacrificed for that specific purpose, not for any other, then this law must include also the procedure of burning the sacrificial parts, that they too must be burned for the purpose of a guilt-offering]. However, [we learned in Tractate Zev. (5b) that in the case of a guilt-offering,] if its sacrificial parts were not offered up [at all], it is valid.
אשם הוא: עד שינתק שמו ממנו. לימד על אשם שמתו בעליו או שנתכפרו בעליו, אף על פי שעומד להיות דמיו עולה לקיץ המזבח, אם שחטו סתם, אינו כשר לעולה קודם שנתק לרעיה. ואינו בא ללמד על האשם שיהא פסול שלא לשמו, כמו שדרשו הוא, הכתוב בחטאת, לפי שאשם לא נאמר בו אשם הוא, אלא לאחר הקטרת אמורין, והוא עצמו שלא הוקטרו אמוריו כשר:
6Any male among the kohanim may eat it; it shall be eaten in a holy place. It is a holy of holies. וכָּל־זָכָ֥ר בַּכֹּֽהֲנִ֖ים יֹֽאכְלֶ֑נּוּ בְּמָק֤וֹם קָדוֹשׁ֙ יֵֽאָכֵ֔ל קֹ֥דֶשׁ קָֽדָשִׁ֖ים הֽוּא:
It is a holy of holies: [But has this not already been stated in verse 1?] This is expounded on in Torath Kohanim (7:84).
קדש קדשים הוא: בתורת כהנים הוא נדרש:
7Like the sin offering, so is the guilt offering, they have one law; the kohen who effects atonement through it to him it shall belong. זכַּֽחַטָּאת֙ כָּֽאָשָׁ֔ם תּוֹרָ֥ה אַחַ֖ת לָהֶ֑ם הַכֹּהֵ֛ן אֲשֶׁ֥ר יְכַפֶּר־בּ֖וֹ ל֥וֹ יִֽהְיֶֽה:
They have one law: in regard to this matter:
תורה אחת להם: בדבר זה:
the kohen who effects atonement through it: i.e., [any kohen] who is fit to effect atonement, takes a share in it. This excludes one who immersed himself on that day [for his uncleanness, who may not perform the sacrificial service or eat holy things until sunset], one lacking atonement [if he did not yet bring his sacrifice on the day after his immersion, such as a זָב or a מְצֹרָע], and one whose close relative died on that day, [who is also disqualified from performing the sacrificial service]. - [Torath Kohanim 7:86]
הכהן אשר יכפר בו: הראוי לכפרה חולק בו, פרט לטבול יום ומחוסר כפורים ואונן:
8And the kohen who offers up a person's burnt offering, the skin of the burnt offering which he has offered up, belongs to the kohen; it shall be his. חוְהַ֨כֹּהֵ֔ן הַמַּקְרִ֖יב אֶת־עֹ֣לַת אִ֑ישׁ ע֤וֹר הָֽעֹלָה֙ אֲשֶׁ֣ר הִקְרִ֔יב לַכֹּהֵ֖ן ל֥וֹ יִֽהְיֶֽה:
the skin of the burnt-offering which he has offered, belongs to the kohen; it shall be his: This excludes one who immersed himself on that day, one lacking atonement, and one whose close relative died on that day. — [Torath Kohanim 7:89]
עור העלה אשר הקריב לכהן לו יהיה: פרט לטבול יום ומחוסר כפורים ואונן שאינן חולקים בעורות:
9And any meal offering baked in an oven, and any one made in a deep pan or in a shallow pan, belongs to the kohen who offers it up; it shall be his. טוְכָל־מִנְחָ֗ה אֲשֶׁ֤ר תֵּֽאָפֶה֙ בַּתַּנּ֔וּר וְכָל־נַֽעֲשָׂ֥ה בַמַּרְחֶ֖שֶׁת וְעַל־מַֽחֲבַ֑ת לַכֹּהֵ֛ן הַמַּקְרִ֥יב אֹתָ֖הּ ל֥וֹ תִֽהְיֶֽה:
belongs to the kohen who offers it up: One might think that it belongs to him alone. Scripture, therefore, states (in the next verse), “[And any meal-offering…] shall belong to all the sons of Aaron.” One might think, then, that it [indeed] belongs to all of them. Scripture, therefore, states (in the preceding verse), “belongs to the kohen who offers it up.” So how [can this be reconciled]? [It belongs] to the family of the day when they offer it up. [The kohanim were divided into twenty-four divisions called “watches,” each watch being on duty for the temple service for one week. Each day of the week, a different family of kohanim from that week’s watch was on duty. When a kohen offered up an Israelite’s meal-offering, it was shared equally among all of his family, who were on duty that day]. — [Torath Kohanim 7:92]
לכהן המקריב אתה וגו': יכול לו לבדו, תלמוד לומר לכל בני אהרן תהיה. יכול לכולן, תלמוד לומר לכהן המקריב, הא כיצד לבית אב של אותו יום שמקריבין אותה:
10And any meal offering mixed with oil or dry, shall belong to all the sons of Aaron, one like the other. יוְכָל־מִנְחָ֥ה בְלוּלָֽה־בַשֶּׁ֖מֶן וַֽחֲרֵבָ֑ה לְכָל־בְּנֵ֧י אַֽהֲרֹ֛ן תִּֽהְיֶ֖ה אִ֥ישׁ כְּאָחִֽיו:
mixed with oil: This is a voluntarily donated meal-offering. - [see Lev. 2:1]
בלולה בשמן: זו מנחת נדבה:
or dry: This is a sinner’s meal-offering (Lev. 5:11) and the meal-offering of jealousies [sacrificed during the investigation ritual of the סוֹטָה, woman suspected of adultery] (Num. 5:15), which do not contain oil [and thus the term “dry”].
וחרבה: זו מנחת חוטא ומנחת קנאות שאין בהן שמן:
Daily Tehillim: Chapters 60 - 65
• Hebrew text
• English text•
• Lessons in Tanya• English Text
• English text•
Chapter 60
This psalm tells of when Joab, David's general, came to Aram Naharayim for war and was asked by the people: "Are you not from the children of Jacob? What of the pact he made with Laban?" Not knowing what to answer, Joab asked the Sanhedrin. The psalm includes David's prayer for success in this war.
1. For the Conductor, on the shushan eidut. A michtam by David, to instruct,
2. when he battled with Aram Naharayim and Aram Tzovah, and Joab returned and smote Edom in the Valley of Salt, twelve thousand [men].
3. O God, You forsook us, You have breached us! You grew furious-restore us!
4. You made the earth quake, You split it apart-heal its fragments, for it totters!
5. You showed Your nation harshness, You gave us benumbing wine to drink.
6. [Now] give those who fear You a banner to raise themselves, for the sake of truth, Selah.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God said with His Holy [Spirit] that I would exult; I would divide Shechem, and measure out the Valley of Succot.
9. Mine is Gilead, mine is Menasseh, and Ephraim is the stronghold of my head; Judah is my prince.
10. Moab is my washbasin, and upon Edom I will cast my shoe; for me, Philistia will sound a blast [of coronation].
11. Who will bring me into the fortified city? Who will lead me unto Edom?
12. Is it not You, God, Who has [until now] forsaken us, and did not go forth with our legions?
13. Grant us relief from the oppressor; futile is the salvation of man.
14. With God we will do valiantly, and He will trample our oppressors.
Chapter 61
David composed this prayer while fleeing from Saul. The object of all his thoughts and his entreaty is that God grant him long life-not for the sake of pursuing the pleasures of the world, but rather to serve God in awe, all of his days.
1. For the Conductor, on the neginat, by David.
2. Hear my cry, O God, listen to my prayer.
3. From the end of the earth I call to You, when my heart is faint [with trouble]: Lead me upon the rock that surpasses me!
4. For You have been a refuge for me, a tower of strength in the face of the enemy.
5. I will dwell in Your tent forever; I will take refuge in the shelter of Your wings, Selah.
6. For You, God, heard my vows; You granted the inheritance of those who fear Your Name.
7. Add days to the days of the king; may his years equal those of every generation.
8. May he sit always before God; appoint kindness and truth to preserve him.
9. Thus will I sing the praise of Your Name forever, as I fulfill my vows each day.
Chapter 62
David prays for the downfall of his enemies. He also exhorts his generation that their faith should not rest in riches, telling them that the accumulation of wealth is utter futility.
1. For the Conductor, on the yedutun,1 a psalm by David.
2. To God alone does my soul hope; my salvation is from Him.
3. He alone is my rock and salvation, my stronghold; I shall not falter greatly.
4. Until when will you plot disaster for man? May you all be killed-like a leaning wall, a toppled fence.
5. Out of their arrogance alone they scheme to topple me, they favor falsehood; with their mouths they bless, and in their hearts they curse, Selah.
6. To God alone does my soul hope, for my hope is from Him.
7. He alone is my rock and salvation, my stronghold; I shall not falter.
8. My salvation and honor is upon God; the rock of my strength-my refuge is in God.
9. Trust in Him at all times, O nation, pour out your hearts before Him; God is a refuge for us forever.
10. Men are but vanity; people [but] transients. Were they to be raised upon the scale, they would be lighter than vanity.
11. Put not your trust in exploitation, nor place futile hope in robbery. If [corrupt] wealth flourishes, pay it no heed.
12. God spoke one thing, from which I perceived two: That strength belongs to God;
13. and that Yours, my Lord, is kindness. For You repay each man according to his deeds.
FOOTNOTES
1.A musical instrument (Metzudot).
Chapter 63
Hiding from Saul, and yearning to approach the place of the Holy Ark like one thirsting for water, David composed this prayer on his behalf and against his enemy.
1. A psalm by David, when he was in the Judean desert.
2. O God, You are my Almighty, I seek You! My soul thirsts for You, my flesh longs for You; [like one] in a desolate and dry land, without water,
3. so [I thirst] to see You in the Sanctuary, to behold Your might and glory.
4. For Your kindness is better than life; my lips shall praise You.
5. Thus will I bless you all my life, in Your Name I will raise my hands [in prayer].
6. As with fat and abundance my soul is sated, when my mouth offers praise with expressions of joy.
7. Indeed, I remember You upon my bed; during the watches of the night I meditate upon You.
8. For You were a help for me; I sing in the shadow of Your wings.
9. My soul cleaved to You; Your right hand supported me.
10. But they seek desolation for my soul; they will enter the depths of the earth.
11. They will drag them by the sword; they will be the portion of foxes.
12. And the king will rejoice in God, and all who swear by Him will take pride, when the mouths of liars are blocked up.
Chapter 64
The masters of homiletics interpret this psalm as alluding to Daniel, who was thrown into the lion's den. With divine inspiration, David foresaw the event and prayed for him. Daniel was a descendant of David, as can be inferred from God's statement to Hezekiah (himself of Davidic lineage), "And from your children, who will issue forth from you, they will take, and they (referring to, amongst others, Daniel) will be ministers in the palace of the king of Babylon."
1. For the Conductor, a psalm by David.
2. Hear my voice, O God, as I recount [my woes]; preserve my life from the terror of the enemy.
3. Shelter me from the schemes of the wicked, from the conspiracy of evildoers,
4. who have sharpened their tongue like the sword, aimed their arrow-a bitter word-
5. to shoot at the innocent from hidden places; suddenly they shoot at him, they are not afraid.
6. They encourage themselves in an evil thing, they speak of laying traps; they say: "Who will see them?”
7. They sought pretexts; [and when] they completed a diligent search, each man [kept the plot] inside, deep in the heart.
8. But God shot at them; [like] a sudden arrow were their blows.
9. Their own tongues caused them to stumble; all who see them shake their heads [derisively].
10. Then all men feared, and recounted the work of God; they perceived His deed.
11. Let the righteous one rejoice in the Lord and take refuge in Him, and let them take pride-all upright of heart.
Chapter 65
This psalm contains awe-inspiring and glorious praises to God, as well as entreaties and prayers concerning our sins. It declares it impossible to recount God's greatness, for who can recount His mighty acts? Hence, silence is His praise.
1. For the Conductor, a psalm by David, a song.
2. Silence is praise for You, O God [Who dwells in] Zion; and to You vows will be paid.
3. O Heeder of prayer, to You does all flesh come.
4. Matters of sin overwhelm me; You will pardon our transgressions.
5. Fortunate is [the nation] whom You choose and draw near, to dwell in Your courtyards; may we be sated with the goodness of Your House, with the holiness of Your Sanctuary.
6. Answer us with awesome deeds as befits Your righteousness, O God of our salvation, the security of all [who inhabit] the ends of the earth and distant seas.
7. With His strength He prepares [rain for] the mountains; He is girded with might.
8. He quiets the roar of the seas, the roar of their waves and the tumult of nations.
9. Those who inhabit the ends [of the earth] fear [You] because of Your signs; the emergences of morning and evening cause [man] to sing praise.
10. You remember the earth and water it, you enrich it abundantly [from] God's stream filled with water. You prepare their grain, for so do You prepare it.
11. You saturate its furrows, gratifying its legions; with showers You soften it and bless its growth.
12. You crown the year of Your goodness [with rain], and Your clouds drip abundance.
13. They drip on pastures of wilderness, and the hills gird themselves with joy.
14. The meadows don sheep, and the valleys cloak themselves with grain; they sound blasts, indeed they sing.
Tanya: Likutei Amarim, end of Chapter 36• Lessons in Tanya• English Text
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• Monday, Adar II 11, 5776 · March 21, 2016
• Likutei Amarim, end of Chapter 36
• רק שאחר כך גרם החטא, ונתגשמו הם והעולם, עד עת קץ הימין
But afterwards after the Torah was given their sin caused both them and the world to become gross [again] — until the End of Days when G‑d’s “right hand” (ימין meaning both “days and ”right“), i.e., His power, will be revealed.
שאז יזדכך גשמיות הגוף והעולם, ויוכלו לקבל גילוי אור ה׳ שיאיר לישראל על ידי התורה שנקראת עוז
Then, the dross of the body and of the world will become purified, and they will be able to receive the revelation of G‑d’s light that will shine forth over Israel, by means of the Torah, which is called “might”.
ומיתרון ההארה לישראל, יגיה חשך האומות גם כן
Through the superabundance of light which will shine upon the Jewish people, the darkness of the nations will also be lit up,
כדכתיב: והלכו גוים לאורך וגו׳
as it is written:1 “And nations will walk by your (the Jewish people’s) light”;
וכתיב: בית יעקב לכו ונלכה באור ה׳
and it is also written2 that the nations will say to the Jewish people: “House of Jacob, go and we will walk along by the light of G‑d”;
וכתיב: ונגלה כבוד ה׳, וראו כל בשר יחדיו וגו׳
and again:3 “And the glory of G‑d shall be revealed, and all flesh will see...”;
וכתיב: לבוא בנקרות הצורים ובסעיפי הסלעים מפני פחד ה׳ ומהדר גאונו וגו׳
and:4 “to enter the holes of the rocks and the clefts of boulders, for fear of G‑d and of His majestic glory.”
This refers to the nations, who will be filled with the dread of G‑d; for it cannot be said of Israel, who will be one with G‑d, that they will seek refuge from Him.
וכמו שאומרים: והופע בהדר גאון עוזך על כל יושבי תבל ארצך וגו׳
So also do we pray:5 “Appear in the majestic splendor of Your might to all the inhabitants of the world,” including the other nations.
Thus we see that in the Messianic era G‑dliness will be revealed to all the nations of the world — and in this state lies the fulfillment of the purpose for which this world was created.
FOOTNOTES
1.Yeshayahu 60:3.
2.Ibid. 2:5.
3.Ibid. 40:5.
4.Ibid. 2:21.
5.Liturgy, Amidah, High Holidays.
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text | 
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Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Positive Commandment 124
Fallen Grapes
"You shall not harvest the single grapes of your vineyard; you shall leave them for the poor and the stranger"—Leviticus 19:10.
We are commanded to leave for the poor the grapes that fall to the ground in the course of harvesting.
This biblical precept only applies in the Land of Israel.
Full text of this Mitzvah »
• Fallen Grapes
Positive Commandment 124
Translated by Berel Bell
The 124th mitzvah is that we are commanded to leave over for the poor those grapes that have become detached and fall during the harvesting process.
The source of this commandment is G‑d's statement,1 "Do not pick up peret (individual2 fallen grapes) in your vineyard. You must leave them for the poor and the stranger."
The details of this mitzvah are also explained in tractate Pe'ah.3
The Biblical prohibition applies only in Eretz Yisroel.4
FOOTNOTES
1.Lev. 19:10.
2.I.e. a single grape or two grapes attached together. If a cluster of three grapes falls, it is not considered to be peret.
3.Ch. 6.
4.See note to P120 above.
• Negative Commandment 213
Gathering the Fallen Grapes
"You shall not gather the single grapes of your vineyard"—Leviticus 19:10.
It is forbidden for a landowner to harvest the grapes that fall to the ground in the course of harvesting, rather they must be left for the poor.
Full text of this Mitzvah »
• Gathering the Fallen Grapes
Negative Commandment 213
Translated by Berel Bell
Negative Commandment 214
The 213th prohibition is that we are forbidden from gathering the grapes which fall in the vineyard during the harvesting process. Rather, they must be left for the poor.
The source of this commandment is G‑d's statement,1 "Do not pick up peret in your vineyard.
This mitzvah is also in the category of lav shenitak l'aseh (a prohibition with a remedial positive commandment).
The details of this mitzvah are explained in tractate Pe'ah.2
FOOTNOTES
1.Lev. 19:10.
2.Ch.7, Mishneh 3.
• Positive Commandment 122
Forgotten Sheaves
"...and you forget a sheaf in the field, you shall not go back to get it; it shall be for the stranger, the orphan and the widow"—Deuteronomy 24:19.
We are commanded to leave for the poor those bundles of the harvested crop that were forgotten in the field.
This biblical precept only applies in the Land of Israel.
Full text of this Mitzvah »
• Forgotten Sheaves
Positive Commandment 122
Translated by Berel Bell
The 122nd mitzvah is that we are commanded to leave over the sheaves which were forgotten (shik'cho) during the harvest process.
The source of this commandment is G‑d's statement,1 "[When you reap your harvest] and forget a sheaf in the field, you may not go back for it. It must be left for the stranger, the orphan, and the widow."
This phrase "It must be left for the stranger, the orphan, and widow" constitutes the positive commandment to leave over [these forgotten sheaves]. It is similar to the phrase, "leave them,"2 which conveys the positive commandments of leket and pe'ah, as explained above.3
The Biblical requirement applies only in Eretz Yisroel.4
The details of this mitzvah are also explained in tractate Pe'ah.5
FOOTNOTES
1.Deut. 24:19.
2.Lev. 19:10.
3.P120-121.
4.See note to P120 above.
5.Ch.5 and 6.
• Negative Commandment 214
Collecting Forgotten Sheaves
"...and you forget a sheaf in the field, you shall not go back to get it"—Deuteronomy 24:19.
It is forbidden for the landowner to collect a bundle of the harvested crop that was forgotten in the field [rather he must leave it for the poor]. This prohibition applies both to grain and fruit.
Full text of this Mitzvah »
• Collecting Forgotten Sheaves
Negative Commandment 214
Translated by Berel Bell
The 214th prohibition is that we are forbidden from taking the sheaves which were forgotten (shik'cho) during the harvest process.
The source of this commandment is G‑d's statement,1 "[When you reap your harvest] and forget a sheaf in the field, you may not go back for it."
This law applies to all produce, whether it grows on the ground or on a tree.
This mitzvah is also in the category of lav shenitak l'aseh (a prohibition with a remedial positive commandment). Therefore, if one transgressed and took it, one is required to return it to the poor. [This positive requirement] is derived from the verse,2 "It must be left for the stranger, the orphan, and the widow."
The details of this mitzvah are explained in tractate Pe'ah.
[The Rambam now gives a detailed explanation of the law of a lav shenitak l'aseh, which applies to all 5 agricultural mitzvos mentioned above.]
You should be aware of our basic principle that whenever a prohibition has a corresponding positive commandment, one does not receive lashes [for the prohibition] as long as he fulfills the positive commandment. If he does not, however, he does receive lashes.
If, for example, he harvested an entire field without leaving pe'ah,3 he still does not receive lashes after the harvesting, and is required to give from the grain which was already cut. So too, if the wheat was already threshed, ground into flour, and kneaded into a dough, he must give an amount of dough which corresponds to the portion of the field he should have left.
If the wheat was completely lost or burned, however, he does receive lashes, since he did not fulfill the corresponding positive commandment. How much more so [he would receive lashes] if he destroyed them himself — through eating them, for example.
[The Rambam now quotes the Talmudic passage which discusses the law of a lav shenitak l'aseh. When the Gemara lists the mitzvos in this category, only pe'ah is mentioned, not the other four agricultural mitzvos. The Rambam therefore proves that when it says pe'ah, the other mitzvos are also included.]
Do not make the mistake of misinterpreting the statement in Makkos4 [which discusses the subject of lav shenitak l'aseh], "There is this one mitzvah [sending away the mother bird5] and another," where the Gemara concludes that "another" refers to pe'ah. You might think that this means only pe'ah [is considered a lav shenitak l'aseh, not the other four mitzvos], but this assumption would be incorrect. "Another" really means pe'ah and any mitzvah which has the same law as pe'ah, since the prohibitions of peret, leket, shik'cho, and olelos all can be violated through action [not only passively], and like pe'ah can fit both opinions — kiymo v'lo kiymo6 and bitlo v'lo bitlo.7
[We know that these other laws are included in the category of pe'ah] since the verse which teaches us the positive commandment of pe'ah,8 "Leave them over for the poor and the stranger," follows the mention of pe'ah, leket, peret, and olelos. The complete statement reads, "Do not completely harvest the corners of your field (pe'ah); do not pick up the stalks which fall during harvest (leket); do not pick the olelos in your vineyard; do not pick up peret (individual9 fallen grapes) in your vineyard. Leave them over for the poor and the stranger." Similarly, regarding shik'cho, the verse says,10 "[When you reap your harvest and forget a sheaf in the field,] you may not go back for it. It must be left for the stranger, the orphan, and the widow."
Therefore, since the Gemara says that pe'ah is a lav shenitak l'aseh, and derives its positive command from the verse, "Leave them over for the poor and the stranger," we learn that all these five prohibitions11 are also in the category of lav shenitak l'aseh [although the Gemara mentions only pe'ah].12 As long as it is still possible for him to fulfill it, although he has not yet done so, he still does not get lashes — we just command him to fulfill it. The only time he receives lashes is when we know he has transgressed the prohibition and there he has no possibility of fulfilling the positive commandment.
You should understand this principle and keep it in mind.
FOOTNOTES
1.Deut. 24:19.
2.Ibid.
3.See P120, N210.
4.16a.
5.This is the positive command which remedies the prohibition, "Do not take the mother together with the young." See P148, N306.
6.Literally, "Did he fulfill it or not?" According to this opinion, after the prohibition is done, the Beth Din calls the person and gives him the chance to perform the appropriate positive command. If he does not do so, he receives lashes. According to this opinion, although it is still possible for him to fulfill the mitzvah in the future, he nevertheless receives lashes if he does not perform it immediately upon order of the Beth Din. See Rashi, Makkos, end of 15a.
7.Literally, "Did he nullify it or not?" According to this opinion, the person does not receive lashes unless he himself has "nullified" the positive command, making it impossible to be fulfilled at a later time. In pe'ah, for example, when the person eats up the grain, he has "nullified" the positive commandment.
This opinion can be applied only when the person can actively "nullify" the positive mitzvah. The Gemara therefore identifies the "another" by process of elimination — showing that in other cases, he cannot nullify the positive command.
8.Lev. 19:10.
9.I.e. one or two. If a cluster of three grapes falls, it is not considered to be peret.
10.Deut. 24:19.
11.N210-N214.
12.The basis of the proof is that the other mitzvos are learned from the same verse, Lev. 19:10, or in the case of shik'cho, a similar verse, Deut. 24:19. See P122, where the Rambam compares the two verses.
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Halacha 1
It is a positive commandment for a priest1 who serves [in the Temple] to sanctify his hands and feet2 and afterwards perform service,3 as [Exodus 30:19] states: "And Aaron and his sons will wash their hands and their feet from it." A priest who serves4 without having sanctified his hands and feet in the morning5is liable for death at the hand of heaven,6 as [ibid.:20] states: "They shall wash with water and not die." Their service - whether that of a High Priest or an ordinary priest - is invalid.
Halacha 2
Which source teaches that his service is invalid? [Ibid.:21] states: "It will be an eternal statute for him and his generations," and with regard to the Priestly garments [ibid. 25:43] also uses the expression: "An eternal statute."7 Just as [a priest] who is lacking the priestly garments invalidates his service, as we explained,8so, too, one who did not wash his hands invalidates his service.
Halacha 3
A priest does not have to sanctify [himself] between every service [that he performs]. Instead, he consecrates [his hands and feet] once in the morning and may continue serving throughout the day and [the subsequent] night,9provided he does not: a) depart from the Temple;10 b) sleep;11 c) unirinate;12or divert his attention [from his hands and feet]. If he does any of the above, he must sanctify his hands and feet again.
Halacha 4
If a priest departed from the Temple, returned and then performed service without sanctifying [his hands and feet], his service is acceptable13 if he did not divert his attention.14 This general principle was followed in the Temple: No person would enter the Temple Courtyard to perform service15 unless he immersed [in the mikveh] even though he was ritually pure.
Halacha 5
Anyone who defecates must immerse himself [in a mikveh].16 Anyone who urinates must sanctify his hands and feet.
[The following rules apply when] one goes outside the walls of the Temple Courtyard. If he departed [with the intent of] staying outside for an extended time, he must immerse [in a mikveh].17 If [his intent] was to return immediately, when he returns, all that is necessary is that he sanctify his hands and feet. If he did not immerse, nor sanctified his hands and feet and carried out [sacrificial] service, his service is acceptable18 since he did not divert his attention, not did he defecate or urinate. If he merely placed his hands outside the Temple Courtyard, he is not required to sanctify them again.
Halacha 6
If [only] a person's hands become ritually impure,19 he may immerse them and they are ritually pure. He need not sanctify them again.
If his body became impure because he partook of impure foods or drank impure beverages and immersed himself, even though he does not have to wait until nightfall [to become ritually pure],20 he must sanctify [his hands and feet] after immersing himself, for everyone who immerses himself must sanctify his hands and feet [before] serving. If he did not sanctify [his hands and feet], his service is not desecrated since he did not divert his attention.
Halacha 7
When a High Priest does not immerse himself nor sanctify his hands and feet between his changes of clothes and between his different services on Yom Kippur21and [continues] serving, his service is acceptable.22 [The rationale is that] since those immersions and sanctifications are not applicable equally to Aaron and his sons,23 as [Exodus 30:19] states: "And Aaron and his sons will wash from it." Only an obligation that is equally applicable to all the priests is an indispensable obligation, i.e., the first sanctification of one's hands.
Halacha 8
If a person sanctified his hands on one day, he must sanctify them again on the following day even though he did not sleep at all that night, for the hands are disqualified because of the passage of the night. [Even] if he sanctified his hands at night and offered fats on [the altar's pyre] the entire night,24 he must go back and sanctify [his hands] on the next day25 for that day's service.
Halacha 9
Halacha 10
It is a mitzvah to sanctify [one's hands and feet] from the basin.28 If, however, one sanctify them from a sacred utensil, the sanctification is effective. Sanctification may not, however, be performed with an ordinary utensil.29 If one sanctified [his hands and feet] with a sacred utensil outside the Temple30or did so with an ordinary utensil within the Temple and then performed service, his service is disqualified. One does not sanctify his hands and feet inside the basin or a sacred utensil, but from them, as [implied by the verse]: "Aaron and his son's will wash from it;" ["from it"] and not "inside of it." If one sanctified [his hands and feet] in such a utensil and performed service, he did not desecrate it.
Halacha 11
Halacha 12
All water is acceptable for the sanctification, whether water from a spring or water from a mikveh, provided its appearance has not changed and it is [thus] acceptable for immersion.33 Mud that can be poured, from which a cow would drink,34 can be used to fill the measure of the basin. This is the general rule: Any water that can be used to make up the measure of a mikveh can be used to make up the measure of the basin.35
Halacha 13
How much water must there be in the basin? At least enough for four priests to sanctify [their hands and feet] from it, as [indicated by Exodus 30:19 which] mentions "Aaron and his sons." Together with him, there were Elazar, Itamar, and Pinchas, a total of four.36
Halacha 14
Halacha 15
Halacha 16
How is the mitzvah of sanctification performed? [A priest would] put his right hand on his right foot and his left hand on his left foot and bend over and sanctify them.44 All the substances that are considered as intervening with regard to immersion,45 are intervening with regard to the sanctification of hands.
One may not sanctify his hands while sitting, because [the sanctification] is comparable to the Temple service and the Temple service may be performed only when standing, as [Deuteronomy 18:5] states: "To stand and to serve."46
Halacha 17
Anyone who performs service while he is seated, desecrates his service and disqualifies it. He does not receive lashes, because the warning against doing so stems from a positive commandment.47
Similarly, anyone involved with one of the Temple services must be standing on the floor.48 If there was anything intervening between himself and the ground,49 e.g., he was standing on a utensil, an animal, or a colleague's foot, [his service] is invalid. Similarly, if there was anything intervening between his hand and the utensil with which he was performing the service, it is invalid.50
Halacha 18
The Temple service may be performed only with one's right hand.51 If one performed service with his left hand, it is invalid. He is not liable for lashes.52
[The following laws apply when] one of [a priest's] feet are on a utensil and one is on the floor, one is on a stone [that was not embedded in the floor] and one was on the floor. We evaluate [the situation]. Whenever he would be able to stand on his one foot if the utensil or the stone were taken away, his service is acceptable.53 If not, his service is invalid.54
If he received [blood from a sacrifice] with his right hand and his left hand is supporting it, his service is acceptable, because we do not pay attention to [something that is] a [mere] support.55
FOOTNOTES
1.
The Rambam emphasizes that this mitzvah applies to a priest, because an animal offered as a sacrifice may be slaughtered by a non-priest. Such a person need not sanctify his hands and feet. This explanation is reinforced by some of the versions ofSefer HaMitzvot (positive commandment 24) which state "A priest alone is obligated...," i.e., a priest and not a non-priest.
2.
Through washing them from the basin in the Temple Courtyard, as the Rambam proceeds to explain.
3.
Sefer HaMitzvot (ibid.) and Sefer HaChinuch(mitzvah 106) consider this as one of the 613 mitzvot of the Torah.
4.
If he does not perform service in the Temple Courtyard, he is not liable even if he enters without sanctifying his hands and feet (Rav Yosef Corcus).
5.
With the latter addition, the Rambam excludes the extra sanctifications performed by the High Priest on Yom Kippur before and after the changes of his garments. If he does not sanctify his hands and feet at this time, he does not invalidate his service, as stated in Halachah 7.
6.
Nevertheless, as explained in Hilchot Sanhedrin 19:3, he is not liable for lashes, because he has only violated a positive commandment, not a negative commandment.
7.
The text of the Mishneh Torah does not quote the verse exactly.
8.
Hilchot K'lei HaMikdash 10:4.
9.
On the following day, he must sanctify his hands and feet again, even if he did not sleep at night, as stated in Halachah 8.
10.
See Halachah 5.
11.
The Kessef Mishneh explains that this requirement is derived from the obligation to sanctify one's hands and feet if one diverts attention, for it is likely that while sleeping, one did divert his attention.
12.
See Halachah 5 with regard to defecation.
13.
There is an unresolved question concerning this point in Zevachim 20b. Hence, the Rambam rules leniently (Kessef Mishneh).
14.
In the other three instances mentioned above, if he serves without sanctifying his hands and feet, his service is invalid (Kessef Mishneh).
15.
There is a difference of opinion among the commentaries if a ritually pure person who enters the Temple Courtyard without intending to perform service is obligated to immerse himself or not.
16.
See the conclusion of Halachah 6.
17.
Even if he actually remained outside for a short time.
18.
There is an unresolved question concerning this point in Zevachim 20b. Hence, the Rambam rules leniently (Kessef Mishneh).
19.
This refers, not to ritual impurity prescribed by Scriptural Law, but instead, to certain states of ritual impurity ordained by our Sages that affect the hands alone. SeeHilchot Sha'ar Avot HaTumah, ch. 8.
20.
See Hilchot Sha'ar Avot HaTumah 9:9.
21.
See Hilchot Avodat Yom HaKippurim 2:2 for a description of these changes of clothing, immersions, and sanctifications.
22.
He does, however, violate a positive commandment, because he does not perform the Yom Kippur service as prescribed (Yoma 30b).
23.
They are obligations of the High Priest (Aaron), but not an ordinary priest (his sons).
24.
I.e., he was continually involved in the Temple service.
25.
At daybreak.
26.
Which is carried out at dawn (Hilchot Temidim UMusafim 2:11-12).
27.
Halachically, depending on the different opinions, dawn is between 72 minutes and two hours before sunrise. Sunrise is the time when the priest should sanctify his hands. Nevertheless, in this instance, he has no alternative, since he is sanctifying them for that day's service and that service is performed before dawn.
28.
See the description of this utensil in the conclusion of ch. 4 of Hilchot Beit HaBechirah.
29.
I.e., one that is not consecrated.
30.
The sanctification must be performed within the Temple Courtyard, for that is where the basin is located. Even though the sanctification need not be performed with water from the basin, it must be performed in the area where it is located (Zevachim 22a).
31.
There were several mikvaot on the Temple Mount.
32.
86 cc. according to Shiurei Torah; 150 cc. according to Chazon Ish. The Ra'avad states - and the Kessef Mishneh explains that this is also the Rambam's intent - that if one uses a small utensil, he must take the water originally from the basin.
33.
As stated in Hilchot Mikvaot 7:1, if the appearance of water has changed, e.g., one poured wine or juice into it and changed its color, it is not acceptable for immersion.
34.
Since a cow will drink it, it is considered as water and not as earth. Compare to ibid. 7:3, 8:9. 11:2.
35.
A mikveh must be 40 se'ah in volume.
36.
Zevachim 21b cites Exodus 40:32 which states "And Moses, Aaron, and his sons will wash from it." "His sons" is plural indicating at least two, thus reaching a total of four. The Rambam, here and in his Commentary to the Mishnah (Zevachim 2) substitutes Pinchas for Moses. The Kessef Mishnehquestions that explanation on two counts: Firstly, at the time, the basin was first used, Aaron's older sons, Nadav and Avihu, were still alive. Moreover, the priesthood had not been granted to Pinchas as of yet. Rav Yosef Corcus tries to support the Rambam's understanding, explaining that according to certain views, Moses did not serve as a priest when Aaron did, only in the seven days of preparation.
37.
Hilchot Beit HaBechirah 3:18.
38.
In his Commentary to the Mishnah (Tamid1:4), the Rambam explains that each night the basin would be submerged in a muchani, a large container which held a reservoir of water. This container was not a sacred utensil and hence the water it contained was not disqualified overnight. See Hilchot Beit HaBechirah, loc. cit., for a description of this container.
39.
See I Kings 7:23-26. This was a circular copper tank, ten cubits in diameter and five cubits deep.
40.
As II Chronicles 4:6 states, the priests would use it as a mikveh.
41.
A mountain spring slightly south of Jerusalem. It was 32 cubits higher than the Temple Mount. Hence the water would naturally flow through a conduit built from it to the Temple.
42.
Usually, water contained in a utensil is not acceptable for immersion. Nevertheless, since water from a flowing spring passed through this tank, its water was acceptable [the Jerusalem Talmud (Yoma 3:8)].
43.
I.e., because it was connected to a flowing spring.
44.
I.e., a colleague would pour water over them; alternatively, he would stand under a tap.
See Hilchot Nesiat Kapayim 15:5 which states that one would wash until the wrist.
45.
As explained in Hilchot Mikvaot, ch. 2, no significant substance may intervene between the flesh of the person immersing and the waters of the mikveh. That chapter details those substances that are considered as significant and hence, as intervening, and those which are not.
46.
In the Rambam's Commentary to the Mishnah (Zevachim, loc. cit.), he offers another rationale: that one is not allowed to sit in the Temple.
47.
And lashes are given only when a negative commandment is violated.
48.
Zevachim 24a relates that since both the Temple utensils and the ground of the Temple Courtyard have been sanctified, an equation is established between them. Just as there can be no intervening substance between a priest's hand and a sacred utensil, so too, there may be no intervening substance between his feet and the Temple Courtyard.
49.
I.e., the stones of the Temple or the Temple Courtyard.
50.
This is derived from Leviticus 4:5: "And the priest shall take." Implied is that the taking must be performed by the priest's body without any intermediary (Zevachim, loc. cit.).
51.
Indeed, in his Commentary to the Mishnah (loc. cit.), the Rambam writes that "Whenever the word "hand" is mentioned [with regard to the Temple service], the intent is the right hand."
The above is referring to a right-handed person. A left-handed priest is disqualified from serving in the Temple, as stated in Chapter 8, Halachah 11.
52.
For there is no explicit prohibition that he violates. Instead, it is an extension of a positive commandment (Kessef Mishneh).
53.
For then, the support provided by the second foot is not of consequence.
54.
For then it is significant.
55.
This is a general principle, applying in other situations as well (see Shabbat 93b).
56.
As long as it is not fixed in the ground, the stone can be considered as a separate entity and therefore, it could be considered as an intervening substance between the priest and the earth.
57.
There is an unresolved question concerning this issue in Zevachim 24a. Hence, the Rambam does not rule stringently. See also the commentaries to Hilchot Beit HaBechirah1:10.
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Halacha 1
In none [of the following situations] is a [forgotten] sheaf [of grain] considered as shichichah. It was forgotten by workers and not forgotten by the owner of the field;1 it was forgotten by the owner of the field, but not the workers; or both these individuals forgot it, but there were others passing by2 who observed them at the time they forgot it. [To be shichichah] it must be forgotten by all people. Even a sheaf that was hidden away [purposely], if it is forgotten, it is shichichah.
Halacha 2
When the owner of the field was in the city and he said: "I know that the workers forgot a sheaf in this-and-this place," [but afterwards, the owner]3forgot it, it is shichichah. If he was in the field and made such statements, but then forgot [the sheaf], it is not shichichah. [The rationale is that,] in a field, [only a sheaf] that was forgotten at the outset4 is shichichah.5 In a city, by contrast, even if one remembered it and afterwards forgot it, it is shichichah, as [indicated by Deuteronomy 24:19]: "If you forget a sheaf in the field," [i.e., in the field,] but not in a city.6
Halacha 3
If the poor stood in front of [the sheaf]7 or covered it with straw and he remembered the straw,8 or he took hold of it to bring it to the city, but left it in the field and forgot it, it is not shichichah.9 If, however, he moved it from place to place,10 even if he left it next to a gate,11 a grainheap, cattle, or utensils,12and he forgot it, it is shichichah.
Halacha 4
Halacha 5
If a person's sheaves flew into a field belonging to a colleague because of a strong wind and he forgot a sheaf there, it is not shichichah, for [Deuteronomy 24:19] states: "[If you reap] your harvest in your field."15 If, however, the wind scattered the sheaves within his own field and he forgot them, it is shichichah.
Halacha 6
[The following rules apply when a person] takes the first, second, and third sheaves, but leaves the fourth. If there was a sixth sheaf, the fourth sheaf is not shichichah until he takes the fifth sheaf.16 If, however, there are only five sheaves, when he bends down to take the fifth sheaf,17 the fourth isshichichah.
Halacha 7
Halacha 8
Although wild onions, garlic, onions, and the like are buried in the earth, the laws of shichichah apply to them.20 When a person harvests his field at night and forgets standing grain or he binds the grain into sheaves at night and forgets a sheaf and similarly, a blind man who forgets sheaves, the laws ofshichichah apply.21If, however, the blind person or the one harvesting at night only intended to take bulky [sheaves], the laws of shichichah do not apply.22
Whenever a person says: "I am harvesting the field on the condition that I may take what I forget," [his statement is of no consequence and] the laws ofshichichah apply. [The rationale is that] whenever a person establishes a condition that contradicts the Torah, the condition is nullified.23
Halacha 9
When grain was harvested before it fully matured with the intent that it be fed to animals, the laws of shichichah do not apply.24 Similarly, if a person [binds the grain into] small bundles [as] he harvests without binding them into sheaves or he uprooted garlic or onions and made them into small bundles to sell in the marketplace instead of binding them into larger sheaves to store in a storehouse, [the laws of shichichah do not apply].25
Halacha 10
When a person began harvesting from the beginning of a row [of grain] and forgot grain both in front of him and behind him, [the grain] behind him isshichichah,26 [the grain] in front of him is not shichichah,27as [implied by Deuteronomy, loc. cit.,]: "Do not go back to take it." [Grain is] not shichichahunless [the harvester] passes it and leaves it behind him. This is the general principle: Whenever the adjuration "Do not return" applies, [the laws of]shichichah apply. Whenever the adjuration "Do not return" does not apply, [the laws of] shichichah do not apply.
Halacha 11
[The following laws apply when] two people began to harvest from the middle of the field, one facing north and the other facing south and they both forgot [sheaves] in front of them and behind them. [The sheaves] in front of them areshichichah, because what is in front of one is behind the other.28 A sheaf29that was forgotten behind them in the place from which they began harvesting30 is not shichichah, because it is combined with the rows that run from east to west and they indicate that this is not shichichah.31
Similar [concepts apply with regard to] the rows of sheaves that were being moved to the threshing floor and two people began [collecting] them from the middle of the field and forgot a sheaf in the middle, between their backs, [the laws of] shichichah do not apply. [The rationale is that] it is in the midst of the row between the west and the east where they have not begun [collecting]. Its position indicates that it was not forgotten.
Halacha 12
[The following rules apply when a person] harvests, binds [the grain] into sheaves, and then moves these sheaves - which are called omerim - from one place to another, and then from the second place to a third,32 and then from the third to the threshing floor. Should he forget a sheaf when he is moving it from one place to another, if he forgot it when he was moving to a place where work is completed,33 [the laws of] shichichah apply. Afterwards, when he moves it from the place where the work is completed to the threshing floor, [the laws of] shichichah do not apply. If he moved the sheaves to a place where work is not completed34 and forgot [them], [the laws of] shichichah do not apply. Afterwards, when he moves it from the place where the work is not completed to the threshing floor, [the laws of] shichichah do apply.35
Halacha 13
What constitutes a place "where work is completed"? A place where one intends to collect all the sheaves and thresh them there or take them to the threshing floor. What constitutes a place "where work is not completed"? A place where sheaves are collected to bind them into larger sheaves to bring them to another place.
Halacha 14
Halacha 15
When two mounds of olives or carobs are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply. When two bundles of flax39 are separate from each other, [the laws of]shichichah apply. [If there are] three, [the laws of] shichichah do not apply.
Halacha 16
When there are two vines - or two of any other tree - are separate from each other, [the laws of] shichichah apply.40 [If there are] three, [the laws of]shichichah do not apply. [This is derived from Leviticus 19:10]41 "Leave them for the poor and the stranger." [Implied is that] even if there are two, one should be given to the poor and one to the stranger.
Halacha 17
If all the sheaves contain a kab42 and one contains four kabbim, and it was forgotten, [the laws of] shichichah apply.43 If it contained more than fourkabbim, [the laws of] shichichah do not apply.44 Similarly, if [the sheaves] all contain two kabbim and there is one which contains more than eight kabbim, [the laws of] shichichah do not apply.
Halacha 18
[When one] forgets a sheaf that contains two se'ah45 [of grain, the laws of]shichichah do not apply, as [implied by Deuteronomy 24:19]: "When you forget a sheaf in the field," i.e., [a sheaf], but not a grainheap.46 [This applies] even if [one collects all the grain into] sheaves containing two se'ah.
When a person forgets two sheaves, [the laws of] shichichah apply even though together they contain two se'ah since each of them individually is less than two se'ah. It thus appears to me that [the laws of] shichichah apply even though together they contain more than two se'ah.
Halacha 19
When there are more than two se'ah of standing grain [left unharvested], [the laws of] shichichah do not apply.47 If less than two se'ah [were left], we consider the thin stalks as if they were healthy and long and those with few kernels as if they were full. If were such considerations to be made, [the grain] would be sufficient to produce two se'ah48 and he forgot it, [the laws of]shichichah do not apply.
Halacha 20
When a person forgets a se'ah of grain that has been cut down and a se'ahwhich has not been cut down, they are not combined49 and [the laws of]shichichah apply to each of them. Similarly, with regard to garlic, onions, and fruit from trees. If a person forgot a portion of them in [- or attached to -] the ground and a portion of them detached, they cannot be combined [to form a single quantity]. Instead, [even though] together there are two se'ah, [the laws of] shichichah apply to each of them.
Halacha 21
When a person forgets a sheaf at the side of standing grain that was not forgotten, [the laws of] shichichah do not apply. [This is implied by Deuteronomy, loc. cit.]: "When you harvest... and you forget a sheaf...." [Implied is that when] a sheaf [is located] in an area that has been harvested, [the laws of] shichichah apply. When a sheaf [is located] in an area where there is standing grain, [the laws of] shichichah do not apply.50
Similarly, if he forgot standing grain that was located next to51 standing grain that was not forgotten, even one stem, it rescues the forgotten [grain] and [the owner] is permitted to come and take it. If, however, he forgot a sheaf or standing grain at the side of a sheaf that was not forgotten, even if the sheaf contains two se'ah,52 it does not rescue the forgotten grain and that grain belongs to the poor.
Standing grain belonging to a colleague does not rescue one's own sheaves, nor does standing barley rescue a sheaf of wheat. [Instead,] the standing grain must be of the same species as the sheaf.
Halacha 22
Halacha 23
When does the above apply? With regard to a tree55 that is not well known and distinguished by its place, e.g., it was located at the side of the olive-press or an open portion [of a fence], by its yield, e.g., it produced many olives, or its name: e.g., the flowing olive56 among the olive trees, i.e., that it produces much oil, the outpouring olive, the shameful olive.57 If, however, it was distinguished in any of these three ways, [the laws of] shichichah do not apply. [This is derived from Deuteronomy, loc. cit.]: "And you shall forget a sheaf in the field." [Implied is that this command applies to] a sheaf that could be forgotten forever which you will not bring to mind unless you return and see it. It excludes this tree that you will remember afterwards even if you do not encounter it, because it is well known and distinguished.
Halacha 24
If [a tree] is distinguished in the mind of [the owner], it is as if it is well known and distinguished.58 If an [olive tree] was located next to a palm tree, the palm causes it to be distinguished.59 If two trees are "flowing olives," each one causes the other to be distinguished. If, however, one's entire field consists of "flowing olives" and one forgets one or two trees, [the laws of] shichichahapply.60 When is [the concept that the laws of shichichah do not apply to a tree that is distinguished] relevant? When one has not begun harvesting this distinguished tree. If, however, one began harvesting it and then forgot a portion of it, [the laws of] shichichah apply,61 even though it is distinguished, provided less than two se'ah [of fruit] remain upon it. If, however, two se'ah [of fruit] remain upon it,62 [the laws of] shichichah do not apply63 unless he forgets the entire tree as we explained.64
Halacha 25
[The following law applies with regard to] an olive tree standing alone in the middle of rows [of olive trees, i.e.,] there are three rows of olive trees surrounding it on three sides, even though each of these rows contains only two olive trees. If [the owner] forgot the olive tree in the middle, [the laws of]shichichah do not [apply], because the rows [of trees] hid it.65 Why was [this law] stated only with regard to an olive tree? For they were important in Eretz Yisrael at that time.66
Halacha 26
When do the laws of shichichah apply with regard to [vines lifted on] a trellis? Whenever [the owner has passed the grapes] to the extent that he cannot extend his hand and take them.
[When do they apply] in a vineyard? When he passes the vine or the vines and forgets them.
[When do they apply] with regard to a vine draped over a high support or a palm tree? When he descends from it.67 And with regard to other trees? When he turns and walks away from it.
When does the above apply? When he did not begin [harvesting its fruit].68 If, however, he began harvesting its fruit and forgot it, [the laws of shichichah] do not apply until he harvests all [the fruit in] the surrounding area.
Halacha 27
When a person declares his vineyard ownerless and gets up early in the morning acquires it for himself and harvests it, he is bound by [the laws of]peret, ollelot, shichichah, and peah, for this can rightfully be called "your field" and "your vineyard."69 It was his and now it is his. If, however, he acquired a field that had previously belonged to another person that was declared ownerless, he is exempt from all of these obligations. In all instances, he is exempt from [the obligation of] the tithes, as will be explained.70
FOOTNOTES
1.
Note, however, the qualification in the following halachah.
2.
I.e., individuals who had no connection to the field.
3.
This addition is made on the basis of the gloss of the Kessef Mishneh. The Radbaz offers an alternate explanation.
4.
I.e., the owner forgot it before the workers did.
5.
But if one was conscious of it at the outset, it is not shichichah even if it was forgotten afterwards. The rationale is that the owner retains possession of it, because it was located in his field with his knowledge. Hence, to release it from his possession, he would have to consciously absolve himself from ownership. Forgetting it is not sufficient.
6.
Bava Metzia 11a derives this from the exegesis of the verse cited above. TheKessef Mishneh explains that since the owner is not near his field, his field cannot acquire it on his behalf.
7.
I.e., they blocked him from seeing it and in that way caused him to forget it.
8.
If, however, he also forgets the straw, it isshichichah.
9.
Even though he did not remove it from the field, since he picked it up with the intent of taking it to the city, he acquires it.
10.
There is a difference of opinion regarding this issue in Pe'ah 6:3. The School of Shammai maintain that as soon as the person picks it up, he acquires it and the fact that he forgets it afterwards does not cause it to become shichichah. The School of Hillel maintain that as long as he did not have the intent of removing it from the field, it is shichichah.
11.
Our translation is taken from the Rambam's Commentary to the Mishnah (Pe'ah, loc. cit.).
12.
I.e., plowing utensils (ibid.).
13.
And thus that sheaf will never be shichichahas stated in the previous halachah.
14.
This law is also dependent on the previous halachah. Since the bottom sheaf was covered by the top one, the owner could not see it and hence, forgot it. Therefore it is notshichichah.
The Ra'avad differs with the Rambam's ruling. The Radbaz and the Kessef Mishnehjustify the Rambam's view.
15.
I.e., this verse, which serves as the source for the command to leave shichichah, speaks only of "your field," and not a field belonging to a colleague.
16.
For that is a clear sign that he forgot the fourth. Until he picks it up, we might think that he was planning to divide his work in half, first picking up the first three sheaves and then picking up the second three. SeeKessef Mishneh.
17.
Skipping the fourth sheaf is an obvious sign that he has forgotten it.
18.
Our translation follows authoritative manuscripts and early printings of theMishneh Torah and also conforms to the wording of the Tosefta, Pe'ah, ch. 3, which is the Rambam's source. The standard published text has a slightly different version. The intent is that rather than have the sheaves placed neatly at the end of the field's rows, they are placed irregularly throughout the field.
19.
The gloss of the P'nei Moshe to the Jerusalem Talmud, Pe'ah 6:3, explains that the laws of shichichah do not apply because the irregular pattern in which the sheaves were left caused him to forget the sheaf. It did not slip his mind without cause.
20.
The fact that it is the earth - i.e., an outside factor - that prevents them from being seen is not significant, as in Halachah 1.
21.
Although it can be said that these persons forgot the produce because they did not see it, the laws of shichichah are not suspended. The darkness or the person's inability to see are not considered an external cause - like those mentioned in Halachah 3 - for since he decided to harvest in this circumstance, it is his responsibility to search harder for the produce.
22.
Since he was not planning to collect all the sheaves, the fact that he left some unintentionally is not significant (Radbaz).
23.
This is a general principle, applicable in all contexts of Torah Law with the exception of financial matters.
24.
The verse mentions "forget[ting] a sheaf in the field." Since this grain will not be collected as sheaves, the mitzvah ofshichichah does not apply.
25.
For these smaller bundles are also not considered as sheaves.
26.
Because he has already passed it while harvesting and would have to go back to harvest it.
27.
Because he has not begun harvesting in that area and would not have to go back to harvest it.
28.
And he is forbidden to go back and take it. The rationale is that the harvesting of the field and the collection of the sheaves is incumbent on both of them together. Hence if one would collect what his colleague left, he would have to turn back and this would be forbidden (Kessef Mishneh).
29.
The Ra'avad questions the Rambam's wording, noting that he begins speaking about harvesting a field and concludes by speaking about gathering sheaves. The Radbaz notes this difficulty and also mentions that if this were the case, then the Rambam's text would be redundant, because the second clause is merely a repetition of the first. Hence, he maintains that the subject of the first clause should be "standing grain" and not sheaves. We, however, have not accepted his emendation, because all the authoritative manuscripts and early printings speak of sheaves.
The Ra'avad also differs with the Rambam's interpretation of Pe'ah 6:3, the source for this halachah, and offers an alternate understanding. The Radbaz and the Kessef Mishneh substantiate the Rambam's position.
30.
And only in that midpoint.
31.
Since it is in line with the sheaves that run east to west, it does not appear as a separate entity.
32.
As the Rambam explains in his Commentary to the Mishnah (Pe'ah 5:8), it was common for people to store grain in several types of intermediate storing areas until it was bound into larger sheaves and taken to the threshing floor.
33.
This term is defined in the following halachah.
34.
Since it is in line with the sheaves that run east to west, it does not appear as a separate entity.
35.
In his Commentary to the Mishnah (loc. cit.5:8), the Rambam explains that just as with regard to harvesting, the obligation ofshichichah applies only when one is completing the harvest, so too, with regard to moving sheaves, the obligation ofshichichah applies when one is completing the task.
36.
I.e., smaller collections of grain than sheaves.
37.
I.e., we consider them as separate entities and they both may be taken.
38.
For they are considered as too substantial a quantity to be forgotten. We assume that the owner had not completed gathering the sheaves from the field and was intending to return and collect them.
The Radbaz explains that the halachah is speaking about three sheaves that are separate from each other. If, however, they are collected in one place, they are considered as a single entity and the laws ofshichichah do apply. There are, however, other opinions that do not follow this understanding.
39.
The Kessef Mishneh states that we are speaking about an instance where the flax is being grown for its seeds which are to be eaten. If it is being grown to be used for making fabrics, the laws of shichichah do not apply.
40.
The Radbaz explains that the Rambam is emphasizing that the laws of shichichahapply even if the two trees have a substantial amount of fruit and thus could be likened to the sheaf containing two se'ahmentioned in Halachah 18.
41.
Although this verse mentions peret andolelot and not shichichah, our Sages understand that these mitzvot are interrelated.
42.
A kab is approximately 1382 cc according toShiurei Torah and 2400 cc according toChazon Ish.
43.
Even though it is larger than the others, it is not large enough to be considered a significant entity like the oversized sheaf mentioned in the following halachah.
44.
For its size causes it to be considered a significant entity.
45.
A se'ah is six kabbim.
46.
I.e., because of its size, it is significant and it is not relevant to speak of it being forgotten.
47.
For as above, they produce a quantity of grain to significant to be ignored.
48.
Our translation follows the text of authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text follows a slightly different version.
49.
To be considered as two se'ah.
50.
Since the standing grain is not forgotten and the owner can return and collect it, he can also return and collect any forgotten standing grain or sheaves that are in its surroundings.
51.
In his Commentary to the Mishnah (Pe'ah6:8), the Rambam explains that the two areas of standing grain must be close enough to each other that if one is bent over, it will reach the other.
52.
And thus the laws of shichichah do not apply to it, as stated in Halachah 18. Even so, it cannot rescue the other sheaves.
53.
In contrast to the sheaf mentioned in Halachah 18 and the standing grain mentioned in Halachah 19. The Kessef Mishneh explains that the reason for the distinction is that a sheaf of two se'ah of grain or that amount of standing grain is considered significant, but one tree - even if it contains a large quantity of fruit - is not significant in an entire orchard. In other words, the issue is relative: "When one has already begun focusing on a particular tree, two se'ah is considered a significant amount, but when one is considered one tree as part of an entire orchard, its significance pales.
The Radbaz supports this differentiation, noting that Pe'ah 7:1 (quoted in Halachah 23) speaks of an olive tree with a specific name or distinction, but not one that is set apart by the fact that it produces a specific quantity of fruit. See also Halachah 24.
54.
As in Halachot 14-16.
55.
The Rambam's words are based on Pe'ah7:1. Although the mishnah speaks of olives. The same principles apply with regard to other trees as well.
56.
Our translation is based on authoritative manuscripts and early printings of theMishneh Torah. The standard printed text has a slightly different version. The Rambam follows the understanding of the mishnah cited above found in the Jerusalem Talmud. In his Commentary to the Mishnah, however, he defines Netufah as being the name of a place.
57.
It was given this name because it did not produce much oil.
58.
For he will remember it afterwards.
59.
For it then has a specific location, like the tree next to the vat or next to the opening mentioned in the previous halachah.
60.
For there is nothing that distinguishes these olive trees from the others in that grove.
61.
When viewed in relation to the orchard as a whole, the tree is distinct and leaving it unharvested does not mean it is no longer in mind. Once, however, one has begun harvesting the produce of that tree, the laws of shichichah apply to it.
62.
Based on his interpretation of Pe'ah 7:2, the Ra'avad maintains that this principle should apply to all trees, even those that are not distinguished by a particular quality. When one ceased harvesting their produce in the middle, if two se'ah of produce remain, it is significant and the laws of shichichah do not apply. The Radbaz and the Kessef Mishneh, however, provide explanations that indicate that this concept applies only with regard to a distinguished tree.
63.
As stated in Halachot 18 and 19.
64.
In Halachah 22.
65.
Thus it is considered as something forgotten due to an external cause.
66.
The Roman Caesar Adrian had many of the olive trees in Eretz Yisrael destroyed and hence, all those that remained were important. For this reason, in many instances, the laws of shichichah were suspended. See the Rambam's Commentary to the Mishnah (Pe'ah 7:1).
The Ra'avad protests, stating that the importance of olive trees was mentioned by Rabbi Yossi and the other Sages did not accept his opinion. The Kessef Mishnehexplains that the Rambam is not following Rabbi Yossi's view, but merely borrowing his rationale to deal with another issue.
67.
Or from the ladder on which he ascends.
68.
According to this explanation, all of the above clauses have to be reinterpreted to mean that he was harvesting fruit on the surrounding vines or trees. The Kessef Mishneh mentions a view that maintains that there is a printing error and the text should read: "When does the above apply? When he began [harvesting its fruit]. If, however, he did not begin harvesting its fruit...." According to that version, the Rambam's words can be understood with more ease.
69.
I.e., these obligations apply only with regard to a field that one owns and not one that he acquires after the crops have already grown. Nevertheless, an exception is made in this instance, for as the Rambam explains, there is no reason to free his owner of responsibility. The commentaries note that the Rambam cites a different prooftext than Rashi (Niddah 51a) and other traditional sources.
70.
See Hilchot Terumot 2:9, 11-12.
Matnot Aniyim - Chapter 6
Halacha 1
There is a sixth present1 [awarded] to the poor from the land's produce: the tithe given to the poor. It is called the tithe for the poor.
Halacha 2
This is the order of [the separation of] the terumot and the tithes. After one harvests produce from the earth or fruit from the tree and completes all the necessary work,2 he separates one fiftieth of the produce.3 This is called the great terumah4 and should be given to the priest. Concerning this the Torah states [Deuteronomy 18:4]: "The first of your grain, your wine, and your oil." Afterwards, he separates one tenth from the remainder.5 This is called the first tithe and must be given to the Levite.6 Concerning this, the Torah states [Numbers 18:24]: "For the tithes of the children of Israel..." and [ibid.:24] states: "To the descendants of Levi have I given all the tithes within Israel."
Halacha 3
Afterwards, he separates one tenth from the remainder. This is called "the second tithe." This belongs to the owners and is eaten in Jerusalem.7Concerning this, it is stated [Leviticus 27:31]: "If a person shall redeem his tithes and [Deuteronomy 14:22-23] states: "You shall surely tithe.... And you shall partake of it before God your Lord in the place that He will choose."
Halacha 4
These portions should be separated in this order8 in the first, second, fourth, and fifth years of the Sabbatical cycle. In the third and sixth years of that cycle, by contrast, after the first tithe is separated, a different tithe9 is separated from the remainder and it is given to the poor. It is called the tithe for the poor. In these two years, the second tithe is not separated, only the tithe for the poor. Concerning it is written [Deuteronomy 14:28-29]: "At the conclusion of three years, you shall bring out the tithe of all your grain in that year and deposit it in your gates and the Levite10... [and the stranger, the orphan...] shall come." And concerning it, it is written [ibid. 26:12]: "When you will complete your tithing [in the third year]...."
Halacha 5
In the seventh year, all [the produce] is ownerless. There is no [obligation to separate] terumah, not tithes at all, not the first tithe, nor the second tithe, nor the tithe for the poor.11 In the Diaspora12 where [the requirement to] let the land lie fallow does not apply,13 [in the seventh year, in Egypt, Ammon, and Moab,14 we separate the first tithe15 and the tithe for the poor,16 because these lands are close to Eretz Yisrael and in this way, the poor people in Eretz Yisrael can rely on [the produce of these other lands] in the Sabbatical year.
It is a halachah conveyed to Moses at Sinai that the tithe for the poor should be separated in the lands of Ammon and Moab in the Sabbatical year. In Babylonia, the second tithe should be separated in the Sabbatical year as is the practice in most years.17
Halacha 6
[After] taking the first tithe, a Levite should separate one tenth and give it to a priest. It is called terumat ma'aser.18 Concerning this, [Numbers 18:26] states: "To the Levites, say...."
Halacha 7
When poor people pass by the owner of the field while he is [in his field]19and in possession of the tithe for the poor, he should give each poor person who passes by him [a portion] of the tithe that will satisfy him,20 [as implied byDeuteronomy 26:12]: "And they shall eat in your gates and be satisfied."21
Halacha 8
How much is "[a portion] that will satisfy him? If from wheat, he should give him no less than half a kab.22 If from barley, he should give him no less than akab. If from spelt, he should give him no less than a kab.23 If from dried figs, he should give him no less than a kab. If from a mass of figs, he should give him no less than the weight24 of 25 selaim.25 If from wine, he should give him no less than half a log.26 If from oil, he should give him no less than a fourth [of a log]. If from rice, he should give him no less than a fourth of a kab. If he gives him vegetables, he should give him a liter weight, i.e., the weight of 35dinarim. From carobs, [he should give him] three kabbim; from nuts,27 ten, from peaches, five; from pomegranates, two; an esrog, one. If he gives him from other produce, he should not give him less than would enable him to sell them and to buy food for two meals with the proceeds.
Halacha 9
If one only has a small amount of produce and there are many poor people so that he does not have enough to give each one the appropriate measure, he should place [the entire quantity] before them and they should divide it among themselves.28
Halacha 10
The owners do not have the right to apportion the tithe for the poor that is given away at the grainheap at their discretion.29 Instead, the poor come and take it against their will. Even the poor among the Jewish people can expropriate from them. When, by contrast, one gives out the tithe of the poor in his home, he may give it to any poor man to whom he desires.30
Halacha 11
When a person has [a quantity of] the tithe for the poor in his grainheap and he desires to give it to a poor person who is his relative or acquaintance, he should set aside half of it to give it to him and half to give to all the poor who pass by according to the measures mentioned above.
Halacha 12
When does the concept that one must give a poor person enough to satisfy him apply? In the field. If, however, he has tithes in his home, he may divide it among all the poor people, giving each one even only an olive-sized portion,31for he is not commanded to give him an amount necessary to satisfy him except in a field, for there are no others there from whom to take, as [implied by] the verse: "And they shall eat in your gates and be satisfied."
Halacha 13
If a man and a woman come to [a person possessing tithes] at home,32 we give to the woman first33 and allow her to depart and then give to the man. [In the situations, when one] of the pair - a father and his son, a person and his relative, two brothers, or two partners - was poor, the other may give him the tithe for the poor which he possesses.34
Halacha 14
When two poor people receive a field under a sharecropping agreement, one may separate the tithe for the poor from his portion and give it to his colleague. And his colleague may separate the tithe for the poor from his portion and give it to him.35
Halacha 15
When a person receives [the right] to harvest a field,36 he is forbidden to collect leket, shichichah, pe'ah, and the tithe for the poor.
When does the above apply? When he accepted a field [with the proviso] that he receive a portion of the produce of the entire field, e.g., he was given a third or a fourth [of the harvest] as his wage. If, however, the owner of the field told: "You will receive only a third of what you harvest," or "...a fourth of what you will harvest," [the harvester of the field] does not have a right to anything until he harvests it. Hence, at the time of the harvest, he is a poor man.37Therefore he is permitted [to collect] leket, shichichah, and pe'ah, but he is forbidden [to take] the tithe for the poor. [The rationale is that] the tithe for the poor is separated only after the harvest is completed and [at that time,] he has already acquired the portion he harvested.38
Halacha 16
When a person sells his field - both the land and the produce39 - and becomes impoverished, he is permitted [to collect] leket, shichichah, pe'ah, and tithe for the poor from it. The purchaser is forbidden [to collect] these presents even though he has not paid the money [for the field] yet.40 Even if he borrowed the money and purchased it, he can no longer collect the presents for the poor.
Halacha 17
The tithe for the poor may not be used as payment for a loan,41 nor can it be given in exchange for favors.42 It may be used for an act of kindness,43 but one must tell the recipient that it is the tithe for the poor.44 It should not be used to redeem captives,45 given as shushbinut,46 nor given as a specific gift to charity. It can be given to the sage of a city for his benefit47 and it may not be taken from Eretz Yisrael into the Diaspora, as [Deuteronomy 14:28] states: "And you shall place it in your gates,"48and it is written [ibid. 26:22]: "And they shall eat in your gates and be satiated."
FOOTNOTES
1.
I.e., in addition to leket, peret, ollelot, shichichah, and peah (Radbaz).
2.
See Hilchot Terumot 5:4-5.
3.
One fiftieth is the average amount separated. As explained in Hilchot Terumot, ch. 3, there is no prescribed amount ofterumah required according to Scriptural Law. And even according to Rabbinic Law, there are varying amounts.
4.
It is called the great terumah in comparison to terumat ma'aser which is only one hundredth of the crop.
5.
I.e., the tithe is one tenth of the remainder after terumah has been separated and not one tenth of the original sum.
6.
Although Ezra penalized the Levites for not making aliyah and ordained that the tithes should be given to the priests and not to them, that ordinance applied only in that generation and not for all time (Hilchot Ma'aser 1:4).
7.
In a state of ritual purity.
8.
I.e., the order is significant. It is undesirable to separate them in a different order.
9.
More than two tithes are never separated. Thus in the years that the second tithe is separated, the tithe for the poor is not separated. And in the years that the tithe for the poor is separated, the second tithe is not separated.
10.
Although the verse mentions Levites, the intent is that he should collect the initial tithe (Rashi on the verse; Siftei Cohen, Yoreh De'ah 331:39). The tithe given afterwards, by contrast, is not necessarily given to the Levites, put to the poor as the verse continues.
11.
As stated at the conclusion of the previous chapter, none of the agricultural obligations apply with regard to ownerless produce. All of the produce of the Sabbatical year is ownerless by Divine decree (Bava Metzia39a).
12.
Here the meaning of the term Diaspora is limited applying only to those lands mentioned by the Rambam here. Crops from all other parts of the Diaspora are not obligated in any of the agricultural laws that apply to the produce of Eretz Yisrael.
13.
See Hilchot Shemitah 4:25-27.
14.
Pe'at HaShulchan 23:27 explains that the Rambam is speaking about the portions of Ammon and Moav that were not conquered by the Jewish people upon their entry intoEretz Yisrael and thus never became part of the Holy Land. There were, by contrast, certain portions of Ammon and Moab that were conquered by Sichon. After he was vanquished by the Jewish people, that land became part of Eretz Yisrael. They are bound by the same laws that apply in Eretz Yisrael. Although this interpretation is accepted by most authorities, it appears to contradict the Rambam's own statements in his Commentary to the Mishnah (Yedayim4:3).
15.
The Rambam's source (Yedayim, loc. cit.) mentions the separation of the tithe for the poor, but not the separation of the first tithe. Since the tithe for the poor is never separated unless the first tithe is separated, the Rambam concluded that it should also be separated at this time (Radbaz).
16.
See Hilchot Terumot 1:1.
17.
Our Sages also ordained that terumah and the tithes be separated there for the reasons stated by the Rambam (ibid.). Since it is distant from Eretz Yisrael, the poor of Eretz Yisrael would not gain any significant advantage by having the tithe for the poor separated in that year.
18.
It is governed by all the ritual restrictions applying to the great terumah.
19.
In contrast to the tithe for the poor distributed from one's home as mentioned in Halachot 10, 12.
20.
See the following halachah for a definition of this term.
21.
Sefer HaMitzvot (positive commandment 130) and Sefer HaChinuch (mitzvah 474) include this commandment as one of the 613 mitzvot of the Torah.
22.
A kab is approximately 1382 cc according toShiurei Torah and 2400 cc according toChazon Ish. This quantity will enable him to produce a quantity of food appropriate for a meal.
23.
Significantly, Pe'ah 8:5, the Rambam's source mentions a kab and a half. The commentaries question why the Rambam does not state that figure.
24.
Since the figs are collected in a mass, a measure of weight is given, rather than of volume (Radbaz).
25.
A total of 91 grams in contemporary measure.
26.
A log is approximately 345 cc according toShiurei Torah and 600 cc according toChazon Ish.
27.
In this and the following instances, the Rambam mentions a measure appropriate to sell and purchase with the proceeds, food for two meals.
28.
In his Commentary to the Mishnah (Pe'ah8:6), the Rambam explains that the poor should divided it equally among themselves.
29.
For the verse requiring that it be separated (Deuteronomy 14:28) states: "And you shall set it down in your gates" and does not mention "giving" it (Nedarim 84b).
30.
For a second verse concerning the tithe to the poor (Deuteronomy 26:12) speaks of "giv[ing] it to the Levites, the strangers, to the orphan,..." (Chulin 131a,b).
31.
He must, however, give an olive-sized portion, because Deuteronomy, loc. cit., speaks of "giv[ing]" and the term "giving" implies giving a significant amount. Kritot 6b states that anything less than an olive-sized portion is not significant.
32.
The Radbaz states that certainly this law applies if the man and the woman approach the person apportioning his tithes in his fields. The Rambam LeAm, however, cites authorities who rule otherwise.
33.
For it is more embarrassing for a woman to beg than for a man (Yevamot 100a).
34.
A poor person who owns a field may not take the tithe of the poor from his field for himself (Gittin 12a). Nevertheless, despite the fact that these individuals are very close to him, he is permitted to give them his tithes.
35.
This is an extension of the principle stated in the previous halachah.
36.
In return for a certain share of the produce as the Rambam proceeds to explain.
37.
In his Commentary to the Mishnah (Pe'ah5:5), the Rambam explains the difference between the two instances. In the first instance, the harvester has a right to the entire field even before he begins the harvest. Hence he is not considered as poor. In the second instance, since he does not own anything until the harvest is completed, he is considered as poor.
38.
The rationale is not necessarily that he is no longer poor, but that since he has a share in the harvest, he cannot take a portion for himself as stated in Halachah 10 (Radbaz).
39.
If, however, one owns the land and the other, the produce, they are both forbidden to acquire the presents for the poor.
40.
I.e., once he has acquired it through akinyan, a formal process of acquisition, it is his regardless of whether he paid for it or not.
41.
I.e., a poor person who receives it may not use it to pay a debt he owes, for it was given to him for his own personal expenses alone.
42.
I.e., one person may not give another the tithe of the poor as a loan, because the recipient gave him a loan on a previous occasion.
43.
To be given to a mourner in exchange for food that he once gave (Radbaz).
44.
So that he will know to use it only for his personal use, not to do a favor in return for it, and not to take it to the Diaspora.
45.
Since we are obligated to redeem captives, using the tithe for the poor for this purpose is equivalent to using it to pay a debt (Siftei Cohen 331:166).
46.
Wedding gifts; see Hilchot Zechiyah UMatanah, chap. 7.
47.
I.e., that is not considered as an affront to his dignity.
48.
I.e., in a city that belongs to you, for it is part of your land.
Matnot Aniyim - Chapter 7
Halacha 1
It is a positive commandment to give charity1 to the poor among the Jewish people,2 according to what is appropriate for the poor person3 if this is within the financial capacity of the donor,4 as [Deuteronomy 15:5] states: "You shall certainly open your hand to him." [Leviticus 25:35] states: "You shall support him, a stranger and a resident and they shall live with you," and [ibid.:36] states: "And your brother shall live with you."
Halacha 2
Anyone who sees a poor person asking5 and turns his eyes away from him and does not give him charity transgresses a negative commandment,6 as [Deuteronomy 15:7] states: "Do not harden your heart or close your hand against your brother, the poor person."
Halacha 3
We are commanded to give a poor person according to what he lacks. If he lacks clothes, we should clothe him. If he lacks household utensils, we should purchase them for him. If he is unmarried, we should help him marry. And for an unmarried woman, we should find a husband for her.
Even if the personal habit of this poor person was to ride on a horse and to have a servant run before him7 and then he became impoverished and lost his wealth, we should buy a horse for him to ride and a servant to run before him.8[This is implied by Deuteronomy 15:8 which] speaks [of providing him with] "enough to [fill the] lack that he feels."9 You are commanded to fill his lack, but you are not obligated to enrich him.10
Halacha 4
With regard to an orphan for whom people are seeking to find a wife for him to marry: First, we rent for him a house, provide for him a bed and all his household necessities and then we seek to find a wife for him to marry.11
Halacha 5
When a poor person comes and asks for his needs to be met and the giver does not have the financial capacity, he should give him according to his financial capacity.
How much? The most desirable way of performing the mitzvah is to give one fifth of one's financial resources.12 Giving one tenth is an ordinary measure.13Giving less [than that] reflects parsimony. A person should never refrain from giving less than a third of a shekel a year.14 A person who gives less than this has not fulfilled the mitzvah. Even a poor person who derives his livelihood from charity is obligated to give charity to another person.
Halacha 6
When a poor person whose identity is unknown says: "I am hungry, provide me with food," we do not investigate whether he is a deceiver. Instead, we provide him with sustenance immediately.15 If he was unclothed and he said: "Cloth me," we investigate whether he is a deceiver. If we are familiar with him, we clothe him according to his honor16 immediately and we do not investigate the matter.17
Halacha 7
We provide sustenance and clothing for the poor of the gentiles together with the poor of the Jewish people18 as an expression of the ways of peace.
When a poor person19 begs from door to door, we do not give him a large gift.20 Instead, we give him a small gift. It is forbidden to turn away a poor person who asks [for charity] empty-handed. Even giving him one fig [is sufficient], as [Psalms 74:21]: "Let not the dejected turn away in shame."
Halacha 8
Halacha 9
Halacha 10
When a person does not want to give charity or desires to give less than what is appropriate for him, the court should compel him and give him stripes for rebellious conduct28 until he gives the amount it was estimated that he should give. We take possession of his property when he is present29 and expropriate the amount that is appropriate for him to give. We expropriate property for the sake of charity even on Fridays.30
Halacha 11
It is forbidden to demand and to collect charity from a soft-hearted person who gives more than is appropriate to charity31 or from a person who causes himself difficulty and gives to charity collectors so that he will not be embarrassed. When a charity collector embarrasses such a person and asks him [for charity], [the charity collector] will be subjected to retribution in the future, as [implied by Jeremiah 30:20:] "I will visit My providence on those who pressure him."
Halacha 12
We do not impose a levy for charity on orphans,32 even for the redemption of captives,33 and even if they possess many financial resources.34 If a judge imposed a levy upon them to heighten their reputation,35 it is permitted.
A charity collector may accept small [donations] from women,36 servants, and children, but not large donations. For we operate under the assumption that a large amount was stolen or robbed from others. What is meant by a small [donation]? Everything is calculated according to the wealth or poverty of the owners.37
Halacha 13
A poor person who is one's relative receives priority over all others. The poor of one's household receive priority over the poor of one's city. And the poor of one's city receive priority over the poor of another city, as [implied byDeuteronomy 15:11]: "[You shall surely open your hand to] your brother,38 the poor, and the destitute in your land."39
Halacha 14
When a person went on a business trip and the people of the city to which he traveled levy an assessment for charity upon him,40 he should give it to the poor of that city.41 If there are many [such individuals]42 and an assessment for charity was made upon them, they must make the allocation43 and when they go [to return home], they take [the money] with them and use it to support the poor of their city. If there is a communal sage,44 they give it to him and he divides it as he sees fit.
15 When a person says:45 "Give 200 zuz to a synagogue" or "Give a Torah scroll to a synagogue," we give it to the synagogue which he customarily [attends].46 If he would frequent two, [the sum] should be divided among both of them.47 If he says: "Give 200 dinarim to the poor," we give them to the poor of his city.48
FOOTNOTES
1.
Sefer HaMitzvot (positive commandment 195) and Sefer HaChinuch (mitzvah 479) include this commandment as one of the 613 mitzvot of the Torah.
2.
Note, however, Halachah 7.
3.
I.e., his needs as defined by his social standing.
4.
I.e., he is not obligated to borrow to give charity to a colleague. Alternatively, he is not obligated to give more than one fifth of his own resources, as stated in Halachah 5 (Rav Yosef Corcus).
5.
The Tzaphnat Paneach states that the negative commandment is violated only when the poor person asks. If he does not, there is no prohibition.
6.
Sefer HaMitzvot (negative commandment 232) and Sefer HaChinuch (mitzvah 478) includes this commandment as one of the 613 mitzvot of the Torah.
7.
To announce his coming.
8.
Ketubot 67b relates that a person from a dignified family became impoverished and the great Sage Hillel would hire a servant to run before him and announce his coming. Once Hillel could not find such a servant and performed this service himself.
9.
Because of his previous lifestyle, this person feels a severe lack if he does not have these conveniences.
10.
Thus there are times when providing a certain person with what he feels are his needs will require a greater expense than providing another with what he views as luxuries.
The Shulchan Aruch (Yoreh De'ah 250:1) quotes the Rambam's ruling. The Rama states that this ruling applies to a collector of charity or to the community at large, but not to an individual person. An individual is not required to personally attempt to meet all of a colleague's needs. Instead, it is sufficient for him to inform the community of the problem. If, however, there are no communal resources, he is individually obligated to help the person if he has the capacity. See also Halachot 5 and 7 and notes.
11.
I.e., first we provide him with those matters that are essential for him to maintain a household. Only afterwards do we assist him in marrying. See also Hilchot De'ot 5:11 which states that a person should build a home and find a profession before marrying.
12.
This also reflects an upper limit. As Ketubot50a states: "Even a person who distributes money to charity with largess should not distribute more than a fifth." This concept is derived from Jacob's vow to tithe (Genesis 28:22). There the verb which conveys the promise to tithe is repeated, allowing for the concept of giving two tithes. See also Hilchot Arachin 8:13 which cites Leviticus 27:28which speaks of a person designating a dedication offering "from all that is his." The Rambam continues:
[Implied is that he should not give] "all that is his," as our Sages explained. This is not piety, but foolishness, for he will lose all his money and become dependent on others. We should not show mercy to such a person. In a similar vein, our Sages said: "A man of foolish piety is among those who destroy the world." Instead, a person who distributes his money for mitzvot should not distribute more than a fifth, and he should conduct himself as our Prophets advised [cf. Psalms 112:5]: "He arranges his affairs with judgment," both with regard to matters involving Torah and worldly concerns.
Yayin Malchut notes that in his Commentary to the Mishnah (Pe'ah 1:1), the Rambam writes that as an act of piety, a person may give more than a fifth. Nevertheless, there is not necessarily a contradiction between the two. In his Commentary to the Mishnah, the Rambam is speaking about giving to a needy person who asks for alms. In response to that acute need, one may give more that a fifth. Here the Rambam is speaking about giving to charity when there is no acute need. Hence a limit can be established. See also Ketubot 67b which states that these restrictions apply during a person's lifetime. He may leave a greater percentage of his resources to charity in his will.
In Iggeret HaTeshuvah, Rav Shneur Zalman of Liadi states that one may give more than a fifth of his resources to charity to atone for his sins, for just as one is not concerned with the amount one gives when it comes to healing a physical wound or blemish, so too, one should not be worried about cost when healing a spiritual blemish.
13.
The Sifri derives this from the fact thatDeuteronomy 14:22, the verse that conveys the Biblical command to tithe repeats the verb, implying an obligation to tithe - not only one's produce - but all income.
14.
This is slightly less than seven grams of silver.
15.
For hunger involves a risk to life. Clothing, by contrast, does not (Bava Batra 9a).
16.
According to his social standing.
17.
For we are familiar with his character and do not think that he will prove to be a deceiver.
18.
One might interpret the Rambam's words as implying that only when a gentile comes together with a Jew should he be given charity, lest he feel that he is being subjected to discrimination. The Siftei Cohen251:2, however, does not accept this interpretation and maintains that even if a gentile comes alone, he may be given charity.
19.
This clause refers to a Jew.
20.
For he is appealing to people at large for help. Hence, no one individual feels the onus to deal with his problem entirely.
21.
Half a me'ah. A pundiyon is equivalent to eight barleycorns of pure silver, approximately .4 grams in contemporary measure
22.
In his Commentary to the Mishnah (Pe'ah8:7), the Rambam explains that this is a loaf of bread made from a quarter of a kab of flour. The commentaries explain that a loaf this size provides food for two meals. Thus the intent is that we provide him with the minimum necessary for his immediate needs.
23.
In Hilchot Eruvin 1:12-13, Hilchot Shekalim1:23, Hilchot Arachin 4:3-4.
24.
Which must be eaten in honor of the Sabbath (Hilchot Shabbat 30:19).
25.
The Radbaz adds that we should also provide him with a meal for Saturday night. We assume that he will have with him provisions for at least one meal which he will use Sunday morning.
26.
For in this way, he will not be embarrassed to take.
27.
I.e., we do not support him with charity.
28.
A punishment instituted by the Sages in many instances including the failure to observe a positive Scriptural commandment.
Tosafot, Bava Batra 8b, questions this ruling, noting that Chulin 110b states that a court is not obligated to administer punishment for any positive commandment for which a reward is given for its observance. And charity is one of the mitzvot for which we are promised a reward in this material world. The Radbaz explains that according to the Rambam, there is no difficulty, because according to the Rambam, the commandment to give charity is reinforced by a negative commandment, not to refrain from doing so. In such a situation, the principle cited from Chulin does not apply. The Radbaz also explains that we are more stringent in this instance, because the welfare of the poor is involved.
29.
But not in his absence (Ketubot 48a; Siftei Cohen 248:4). See also Hilchot Ishut 12:15.
30.
I.e., we do not excuse a person from giving based on the rationale that he is preoccupied with his Sabbath preparations.
31.
Taanit 24a relates that Rabbi Elazar of Birta would give all of his money to charity. The charity collectors would flee from him so that he would not see them.
32.
I.e., orphans who are under majority.
33.
Which is of the highest level of charity, as indicated by Chapter 8, Halachah 10.
34.
The Shulchan Aruch (Yoreh De'ah 248:3) quotes the Rambam's ruling. The Rama states that if the donation to charity is for a specific and limited purpose or that withholding the donation will bring shame upon the orphan's family, donations may be taken from them.
35.
I.e., that they receive renown as persons of wealth. This is permitted if the court thinks that acquiring such a reputation will be to their benefit.
The Bayit Chadash (Yoreh De'ah 248) states that if the orphans already have a reputation as wealthy individuals, it is forbidden to assess such a levy upon their estate.
36.
When quoting this law, the Shulchan Aruch(Yoreh De'ah 248:4) emphasizes that if a woman's husband objects, it is forbidden to accept any donations from her.
37.
Thus what would be considered a small donation for some would be considered as a large donation for others.
38.
"Your brother" is mentioned first implying that a person's first responsibility is to his family.
39.
I.e., the prooftext mentions "your land" to imply that one's first obligations is to give the poor that are in one's immediate proximity.
Although the poor of Eretz Yisrael are given priority over the poor of other cities, they are not given priority of the poor of one's own city (Siftei Cohen 251:6).
40.
It was customary in Talmudic times, for a community to request that a percentage of the profits from business dealings be given to charity.
41.
Since he is only one person, he cannot argue that his failure to give charity will have a significant effect on the fortunes of the poor of his own city.
42.
The Radbaz states that we are speaking about an instance where the majority of the people in a city journey to do business in another city. Hence when they return home, it is proper that they take the money that they gave to charity with them so that they will be able to support the poor in their own city. For, otherwise, there will be no one to support them. Alternatively, he states that it applies even if only three people from one city go to another city. Since they are a significant group, they are considered as an independent entity.
43.
And give it to the charity collector in that city to show that they respect the ordinances of that city (Rashi, Megilah 27a).
44.
I.e., a Torah scholar charged with the administration of the needs of the city (ibid.:b).
45.
The Shulchan Aruch (Choshen Mishpat253:23) quotes this law with regard to a person's division of his estate on his deathbed. This interpretation explains why we do not simply ask him to clarify his intent.
46.
For it is most likely that this was his intent.
47.
Our translation follows the gloss of the Radbaz. With regard to a Torah scroll that cannot be divided, it should be read in one synagogue half of the time and in the other, half of the time.
48.
For we assume that he desired to give the gift to those who he is obligated to support.
• English Text | Video Class•
"Today's Day"
Monday, Adar II 11, 5776 · 21 Monday, 2016
Thursday Adar Sheini 11 5703
Fast of Esther, advanced. Selichot (p. 359), Avinu malkeinu (p. 277). Half-shekel.
Torah lessons: Chumash: Vayikra, Chamishi with Rashi.
Tehillim: 60-65.
Tanya: Later, however, (p. 167)...of the world..." (p. 167).
Chassidus contains two fundamental principles:
(a) Understanding every halacha (Torah law) on its spiritual plane, in its root and ultimate source, namely in the Sefirot and planes in every World1 according to that World's character, as explained in Chassidus.
(b) Comprehending the subject of every halacha in avoda; meaning, although the halacha is an expression of G-dly wisdom and intelligence and is a law in Torah, nevertheless one must discover in it an avoda - concept to guide man's conduct in his life here in This World.
FOOTNOTES
1.Briefly, the Sefirot refer to G-d's attributes, intellectual and emotive, that are paralleled in man. The term "World" refers to the Four Worlds that are stages in the progression downward from the Infinite to the finite universe. The Sefirot exist on each of these Worlds, progressively more concrete and less abstract, and each World in turn comprises countless strata or planes. Thus in the physical World tefillin are understood in simple material terms, while in higher Worlds the term "tefillin" indicates spiritual parallels, progressively more spiritual, less amenable to man's material understanding. (See Tanya II, Ch. 1, note 3; On Learning Chassidus. Also, Translator's Notes).
•
Daily Thought:
Heresy
I agree with the heretics. The god they so despise does not exist—
—a god who peers in through the clouds at a world he sometime made, and plays with it from his heavens as a child plays in the sand . . .
Such a god is no more than another of Man’s toys. A man has a house, he has a car, a job, a wife and children. So he must also have a god. And he creates one in his image.
G‑d is not a construct of the human mind. G‑d is the reality in which we stand.
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