Torah Reading
Shemini: Leviticus 9:1 On the eighth day, Moshe called Aharon, his sons and the leaders of Isra’el, 2 and said to Aharon, “Take a male calf for a sin offering and a ram for a burnt offering, both without defect, and offer them before Adonai. 3 Then tell the people of Isra’el, ‘Take a male goat for a sin offering and a calf and a lamb, both a year old and without defect, for a burnt offering, 4 and an ox and a ram for peace offerings, to sacrifice before Adonai; also a grain offering mixed with olive oil — because today Adonai is going to appear to you.’” 5 They brought what Moshe had ordered before the tent of meeting, and the whole community approached and stood before Adonai.
6 Moshe said, “This is what Adonai has ordered you to do, so that the glory of Adonai will appear to you.” 7 Moshe told Aharon, “Approach the altar, offer your sin offering and burnt offering, and make atonement for yourself and the people. Then present the offering of the people and make atonement for them, as Adonai ordered.” 8 So Aharon approached the altar and slaughtered the calf of the sin offering which was for himself. 9 The sons of Aharon presented the blood to him; and he dipped his finger in the blood and put it on the horns of the altar; then he poured out the blood at the base of the altar. 10 But the fat, the kidneys and the covering of the liver of the sin offering he made go up in smoke on the altar, as Adonai had ordered Moshe. 11 The meat and the skin were burned up completely outside the camp.
12 Next he slaughtered the burnt offering; Aharon’s sons brought him the blood, and he splashed it against all sides of the altar. 13 They brought him the burnt offering, piece by piece, and the head; and he made them go up in smoke on the altar. 14 He washed the inner organs and the lower parts of the legs and made them go up in smoke on top of the burnt offering on the altar.
15 Then the people’s offering was presented. He took the goat of the sin offering which was for the people, slaughtered it and offered it for sin, like the earlier sin offering. 16 The burnt offering was presented, and he offered it in the prescribed manner.
Today in Jewish History:
• First Jewish Governor Sworn In (1801)
When Governor of Georgia James Jackson resigned his post to serve as a US senator, the president of the Georgia Senate, David Emanuel, was sworn in as governor. March 3, 1801, was the first time that a Jewish person served as governor of a US state.
Emanuel served the remaining eight months of Jackson's term, but did not seek re-election, opting instead to retire from politics. In 1812, Georgia named a new county in his honor: "Emanuel County."
• First Jewish Periodical in US (1823)
The inaugural edition of "The Jew," the first Jewish periodical in the United States, was published in March of 1823. It was published in New York City and edited by Solomon H. Jackson.
The subtitle of the paper was “Being a defence of Judaism against all adversaries, and particularly against the insidious attacks of Israel's Advocate.” Its major aim was to combat missionaries, and specifically "Israel's Advocate," a Christian conversionist periodical published at the same time.
The periodical was issued until March 1825.
Daily Quote:
Fundamental to our faith is the belief that every event in a person's life is by Divine Providence. So expressions such as "If only I had...," "If only I hadn't..." smack of heresy[Rabbi Sholom DovBer of Lubavitch (1860-1920)]
Daily Study:
Chitas and Rambam for today:
Chumash: Shemini, 2nd Portion Leviticus 9:17-9:23 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 9
17And he brought forward the meal offering, filled his palm with it, and caused it to [go up in] smoke on the altar, in addition to the morning burnt offering. יזוַיַּקְרֵב֘ אֶת־הַמִּנְחָה֒ וַיְמַלֵּ֤א כַפּוֹ֙ מִמֶּ֔נָּה וַיַּקְטֵ֖ר עַל־הַמִּזְבֵּ֑חַ מִלְּבַ֖ד עֹלַ֥ת הַבֹּֽקֶר:
and he filled his palm: I.e., the קְמִיצָה [i.e., the “fistful,” namely, scooping out three fingers-full of the meal offering]. — [Torath Kohanim 9:11] וימלא כפו: היא קמיצה:
in addition to the morning burnt offering: All these sacrifices [Aaron] offered up [only] after [he had offered up the morning] continual burnt offering. מלבד עלת הבקר: כל אלה עשה אחר עולת התמיד:
18And he slaughtered the ox and the ram, the people's peace offering, and Aaron's sons presented the blood to him, and he dashed it on the altar, around, יחוַיִּשְׁחַ֤ט אֶת־הַשּׁוֹר֙ וְאֶת־הָאַ֔יִל זֶ֥בַֽח הַשְּׁלָמִ֖ים אֲשֶׁ֣ר לָעָ֑ם וַ֠יַּמְצִ֠אוּ בְּנֵ֨י אַֽהֲרֹ֤ן אֶת־הַדָּם֙ אֵלָ֔יו וַיִּזְרְקֵ֥הוּ עַל־הַמִּזְבֵּ֖חַ סָבִֽיב:
19and [they also presented] the fats from the ox and from the ram: the tail, the [fatty] covering, the kidneys and the diaphragm with the liver. יטוְאֶת־הַֽחֲלָבִ֖ים מִן־הַשּׁ֑וֹר וּמִ֨ן־הָאַ֔יִל הָֽאַלְיָ֤ה וְהַֽמְכַסֶּה֙ וְהַכְּלָיֹ֔ת וְיֹתֶ֖רֶת הַכָּבֵֽד:
and the [fatty] covering: [I.e.,] the fat that covers the innards. והמכסה: חלב המכסה את הקרב:
20And they placed the fats on top of the breasts, and he caused the fats to [go up in] smoke on the altar. כוַיָּשִׂ֥ימוּ אֶת־הַֽחֲלָבִ֖ים עַל־הֶֽחָז֑וֹת וַיַּקְטֵ֥ר הַֽחֲלָבִ֖ים הַמִּזְבֵּֽחָה:
And they placed the [sacrificial] fats on top of the breasts: After the waving, the kohen who performed the waving gives [the portions] to another kohen to make them go up in smoke. The result is that [the portions] that were on the top are now on the bottom [due to the kohen’s inverting the portions to place them into the receiving hands of the next kohen. See Rashi on Lev. 7:30 for further explanation]. — [Men. 62a] וישימו את החלבים על החזות: לאחר התנופה נתנן כהן המניף לכהן אחר להקטירם, נמצאו העליונים למטה:
21And Aaron had [already] waved the breasts and the right thigh as a wave offering before the Lord, as Moses had commanded. כאוְאֵ֣ת הֶֽחָז֗וֹת וְאֵת֙ שׁ֣וֹק הַיָּמִ֔ין הֵנִ֧יף אַֽהֲרֹ֛ן תְּנוּפָ֖ה לִפְנֵ֣י יְהֹוָ֑ה כַּֽאֲשֶׁ֖ר צִוָּ֥ה משֶֽׁה:
22And Aaron lifted up his hands towards the people and blessed them. He then descended from preparing the sin offering, the burnt offering, and the peace offering. כבוַיִּשָּׂ֨א אַֽהֲרֹ֧ן אֶת־יָדָ֛יו (כתיב את־ידו) אֶל־הָעָ֖ם וַיְבָֽרֲכֵ֑ם וַיֵּ֗רֶד מֵֽעֲשׂ֧ת הַֽחַטָּ֛את וְהָֽעֹלָ֖ה וְהַשְּׁלָמִֽים:
and blessed them: with the blessing of the kohanim [see Num. 6:2227]: יְבָרֶכְ -“May the Lord bless you”… יָאֵר -“May the Lord make His face shine”… יִשָָֹּא -“May the Lord lift His face….”- [Torath Kohanim 10:22] ויברכם: ברכת כהנים יברכך, יאר, ישא:
He then descended: from the altar. וירד: מעל המזבח:
23And Moses and Aaron went into the Tent of Meeting. Then they came out and blessed the people, and the glory of the Lord appeared to all the people. כגוַיָּבֹ֨א משֶׁ֤ה וְאַֽהֲרֹן֙ אֶל־אֹ֣הֶל מוֹעֵ֔ד וַיֵּ֣צְא֔וּ וַיְבָֽרֲכ֖וּ אֶת־הָעָ֑ם וַיֵּרָ֥א כְבֽוֹד־יְהֹוָ֖ה אֶל־כָּל־הָעָֽם:
And Moses and Aaron went into [the Tent of Meeting]: Why did they enter [the Tent of Meeting]? In the section of the investitures, I found a baraitha added to our version of Torath Kohanim [which states the following]: Why did Moses enter with Aaron? To teach him about the procedure of [burning] the incense. Or did he perhaps enter only for another purpose? I can make a deduction: Descending [from the altar (verse 22)] and entering [the Tent of Meeting (this verse) both] required blessing [the people]. Just as descending [from the altar] is related to the service, so is entering [the Tent of Meeting] related to the service. Hence, you learn from here why Moses entered with Aaron, [namely] to teach him about the procedure of [burning] the incense [which is related to the service]. Another explanation [of why Moses entered with Aaron is]: When Aaron saw that all the sacrifices had been offered and all the procedures had been performed, and yet the Shechinah had not descended for Israel, he was distressed. He said, “I know that the Holy One, blessed is He, is angry with me, and on my account the Shechinah has not descended for Israel.” So he said to Moses, “My brother Moses, is this what you have done to me, that I have entered and been put to shame?” At once, Moses entered [the Tent of Meeting] with him, and they prayed for mercy. Then the Shechinah came down for Israel. — [Torath Kohanim 9:16] ויבא משה ואהרן וגו': למה נכנסו, מצאתי בפרשת מלואים בברייתא הנוספת על תורת כהנים שלנו למה נכנס משה עם אהרן, ללמדו על מעשה הקטרת. או לא נכנס אלא לדבר אחר, הריני דן ירידה וביאה טעונות ברכה, מה ירידה מעין עבודה, אף ביאה מעין עבודה, הא למדת למה נכנס משה עם אהרן, ללמדו על מעשה הקטרת. דבר אחר כיון שראה אהרן שקרבו כל הקרבנות ונעשו כל המעשים ולא ירדה שכינה לישראל, היה מצטער ואמר יודע אני שכעס הקב"ה עלי ובשבילי לא ירדה שכינה לישראל. אמר לו למשה משה אחי כך עשית לי, שנכנסתי ונתביישתי. מיד נכנס משה עמו ובקשו רחמים וירדה שכינה לישראל:
Then they came out and blessed the people: They said: “May the pleasantness of the Lord, our God, be upon us (Ps. 90:17); May it be God’s will that the Shechinah rest in the work of your hands.” [And why did they choose this particular blessing?] Because throughout all seven days of the investitures, when Moses erected the Mishkan, performed the service in it, and then dismantled it daily, the Shechinah did not rest in it. The Israelites were humiliated, and they said to Moses, “Moses, our teacher, all the efforts we have taken were so that the Shechinah should dwell among us, so that we would know that we have been forgiven for the sin of the [golden] calf!” Therefore, Moses answered them (verse 6), “This is the thing the Lord has commanded; do [it], and the glory of the Lord will appear to you. My brother Aaron is more worthy and important than I, insofar as through his offerings and his service the Shechinah will dwell among you, and you will know that the Omnipresent has chosen him.” ויצאו ויברכו את העם: אמרו ויהי נועם ה' אלהינו עלינו (תהלים צ יז), יהי רצון שתשרה שכינה במעשה ידיכם. לפי שכל שבעת ימי המלואים, שהעמידו משה למשכן ושמש בו ופרקו בכל יום, לא שרתה בו שכינה, והיו ישראל נכלמים ואומרים למשה משה רבינו, כל הטורח שטרחנו, שתשרה שכינה בינינו ונדע שנתכפר לנו עון העגל. לכך אמר להם זה הדבר אשר צוה ה' תעשו וירא אליכם כבוד ה' (פסוק ו), אהרן אחי כדאי וחשוב ממני שע"י קרבנותיו ועבודתו תשרה שכינה בכם ותדעו שהמקום בחר בו:
• First Jewish Governor Sworn In (1801)
When Governor of Georgia James Jackson resigned his post to serve as a US senator, the president of the Georgia Senate, David Emanuel, was sworn in as governor. March 3, 1801, was the first time that a Jewish person served as governor of a US state.
Emanuel served the remaining eight months of Jackson's term, but did not seek re-election, opting instead to retire from politics. In 1812, Georgia named a new county in his honor: "Emanuel County."
• First Jewish Periodical in US (1823)
The inaugural edition of "The Jew," the first Jewish periodical in the United States, was published in March of 1823. It was published in New York City and edited by Solomon H. Jackson.
The subtitle of the paper was “Being a defence of Judaism against all adversaries, and particularly against the insidious attacks of Israel's Advocate.” Its major aim was to combat missionaries, and specifically "Israel's Advocate," a Christian conversionist periodical published at the same time.
The periodical was issued until March 1825.
Daily Quote:
Fundamental to our faith is the belief that every event in a person's life is by Divine Providence. So expressions such as "If only I had...," "If only I hadn't..." smack of heresy[Rabbi Sholom DovBer of Lubavitch (1860-1920)]
Daily Study:
Chitas and Rambam for today:
Chumash: Shemini, 2nd Portion Leviticus 9:17-9:23 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 9
17And he brought forward the meal offering, filled his palm with it, and caused it to [go up in] smoke on the altar, in addition to the morning burnt offering. יזוַיַּקְרֵב֘ אֶת־הַמִּנְחָה֒ וַיְמַלֵּ֤א כַפּוֹ֙ מִמֶּ֔נָּה וַיַּקְטֵ֖ר עַל־הַמִּזְבֵּ֑חַ מִלְּבַ֖ד עֹלַ֥ת הַבֹּֽקֶר:
and he filled his palm: I.e., the קְמִיצָה [i.e., the “fistful,” namely, scooping out three fingers-full of the meal offering]. — [Torath Kohanim 9:11] וימלא כפו: היא קמיצה:
in addition to the morning burnt offering: All these sacrifices [Aaron] offered up [only] after [he had offered up the morning] continual burnt offering. מלבד עלת הבקר: כל אלה עשה אחר עולת התמיד:
18And he slaughtered the ox and the ram, the people's peace offering, and Aaron's sons presented the blood to him, and he dashed it on the altar, around, יחוַיִּשְׁחַ֤ט אֶת־הַשּׁוֹר֙ וְאֶת־הָאַ֔יִל זֶ֥בַֽח הַשְּׁלָמִ֖ים אֲשֶׁ֣ר לָעָ֑ם וַ֠יַּמְצִ֠אוּ בְּנֵ֨י אַֽהֲרֹ֤ן אֶת־הַדָּם֙ אֵלָ֔יו וַיִּזְרְקֵ֥הוּ עַל־הַמִּזְבֵּ֖חַ סָבִֽיב:
19and [they also presented] the fats from the ox and from the ram: the tail, the [fatty] covering, the kidneys and the diaphragm with the liver. יטוְאֶת־הַֽחֲלָבִ֖ים מִן־הַשּׁ֑וֹר וּמִ֨ן־הָאַ֔יִל הָֽאַלְיָ֤ה וְהַֽמְכַסֶּה֙ וְהַכְּלָיֹ֔ת וְיֹתֶ֖רֶת הַכָּבֵֽד:
and the [fatty] covering: [I.e.,] the fat that covers the innards. והמכסה: חלב המכסה את הקרב:
20And they placed the fats on top of the breasts, and he caused the fats to [go up in] smoke on the altar. כוַיָּשִׂ֥ימוּ אֶת־הַֽחֲלָבִ֖ים עַל־הֶֽחָז֑וֹת וַיַּקְטֵ֥ר הַֽחֲלָבִ֖ים הַמִּזְבֵּֽחָה:
And they placed the [sacrificial] fats on top of the breasts: After the waving, the kohen who performed the waving gives [the portions] to another kohen to make them go up in smoke. The result is that [the portions] that were on the top are now on the bottom [due to the kohen’s inverting the portions to place them into the receiving hands of the next kohen. See Rashi on Lev. 7:30 for further explanation]. — [Men. 62a] וישימו את החלבים על החזות: לאחר התנופה נתנן כהן המניף לכהן אחר להקטירם, נמצאו העליונים למטה:
21And Aaron had [already] waved the breasts and the right thigh as a wave offering before the Lord, as Moses had commanded. כאוְאֵ֣ת הֶֽחָז֗וֹת וְאֵת֙ שׁ֣וֹק הַיָּמִ֔ין הֵנִ֧יף אַֽהֲרֹ֛ן תְּנוּפָ֖ה לִפְנֵ֣י יְהֹוָ֑ה כַּֽאֲשֶׁ֖ר צִוָּ֥ה משֶֽׁה:
22And Aaron lifted up his hands towards the people and blessed them. He then descended from preparing the sin offering, the burnt offering, and the peace offering. כבוַיִּשָּׂ֨א אַֽהֲרֹ֧ן אֶת־יָדָ֛יו (כתיב את־ידו) אֶל־הָעָ֖ם וַיְבָֽרֲכֵ֑ם וַיֵּ֗רֶד מֵֽעֲשׂ֧ת הַֽחַטָּ֛את וְהָֽעֹלָ֖ה וְהַשְּׁלָמִֽים:
and blessed them: with the blessing of the kohanim [see Num. 6:2227]: יְבָרֶכְ -“May the Lord bless you”… יָאֵר -“May the Lord make His face shine”… יִשָָֹּא -“May the Lord lift His face….”- [Torath Kohanim 10:22] ויברכם: ברכת כהנים יברכך, יאר, ישא:
He then descended: from the altar. וירד: מעל המזבח:
23And Moses and Aaron went into the Tent of Meeting. Then they came out and blessed the people, and the glory of the Lord appeared to all the people. כגוַיָּבֹ֨א משֶׁ֤ה וְאַֽהֲרֹן֙ אֶל־אֹ֣הֶל מוֹעֵ֔ד וַיֵּ֣צְא֔וּ וַיְבָֽרֲכ֖וּ אֶת־הָעָ֑ם וַיֵּרָ֥א כְבֽוֹד־יְהֹוָ֖ה אֶל־כָּל־הָעָֽם:
And Moses and Aaron went into [the Tent of Meeting]: Why did they enter [the Tent of Meeting]? In the section of the investitures, I found a baraitha added to our version of Torath Kohanim [which states the following]: Why did Moses enter with Aaron? To teach him about the procedure of [burning] the incense. Or did he perhaps enter only for another purpose? I can make a deduction: Descending [from the altar (verse 22)] and entering [the Tent of Meeting (this verse) both] required blessing [the people]. Just as descending [from the altar] is related to the service, so is entering [the Tent of Meeting] related to the service. Hence, you learn from here why Moses entered with Aaron, [namely] to teach him about the procedure of [burning] the incense [which is related to the service]. Another explanation [of why Moses entered with Aaron is]: When Aaron saw that all the sacrifices had been offered and all the procedures had been performed, and yet the Shechinah had not descended for Israel, he was distressed. He said, “I know that the Holy One, blessed is He, is angry with me, and on my account the Shechinah has not descended for Israel.” So he said to Moses, “My brother Moses, is this what you have done to me, that I have entered and been put to shame?” At once, Moses entered [the Tent of Meeting] with him, and they prayed for mercy. Then the Shechinah came down for Israel. — [Torath Kohanim 9:16] ויבא משה ואהרן וגו': למה נכנסו, מצאתי בפרשת מלואים בברייתא הנוספת על תורת כהנים שלנו למה נכנס משה עם אהרן, ללמדו על מעשה הקטרת. או לא נכנס אלא לדבר אחר, הריני דן ירידה וביאה טעונות ברכה, מה ירידה מעין עבודה, אף ביאה מעין עבודה, הא למדת למה נכנס משה עם אהרן, ללמדו על מעשה הקטרת. דבר אחר כיון שראה אהרן שקרבו כל הקרבנות ונעשו כל המעשים ולא ירדה שכינה לישראל, היה מצטער ואמר יודע אני שכעס הקב"ה עלי ובשבילי לא ירדה שכינה לישראל. אמר לו למשה משה אחי כך עשית לי, שנכנסתי ונתביישתי. מיד נכנס משה עמו ובקשו רחמים וירדה שכינה לישראל:
Then they came out and blessed the people: They said: “May the pleasantness of the Lord, our God, be upon us (Ps. 90:17); May it be God’s will that the Shechinah rest in the work of your hands.” [And why did they choose this particular blessing?] Because throughout all seven days of the investitures, when Moses erected the Mishkan, performed the service in it, and then dismantled it daily, the Shechinah did not rest in it. The Israelites were humiliated, and they said to Moses, “Moses, our teacher, all the efforts we have taken were so that the Shechinah should dwell among us, so that we would know that we have been forgiven for the sin of the [golden] calf!” Therefore, Moses answered them (verse 6), “This is the thing the Lord has commanded; do [it], and the glory of the Lord will appear to you. My brother Aaron is more worthy and important than I, insofar as through his offerings and his service the Shechinah will dwell among you, and you will know that the Omnipresent has chosen him.” ויצאו ויברכו את העם: אמרו ויהי נועם ה' אלהינו עלינו (תהלים צ יז), יהי רצון שתשרה שכינה במעשה ידיכם. לפי שכל שבעת ימי המלואים, שהעמידו משה למשכן ושמש בו ופרקו בכל יום, לא שרתה בו שכינה, והיו ישראל נכלמים ואומרים למשה משה רבינו, כל הטורח שטרחנו, שתשרה שכינה בינינו ונדע שנתכפר לנו עון העגל. לכך אמר להם זה הדבר אשר צוה ה' תעשו וירא אליכם כבוד ה' (פסוק ו), אהרן אחי כדאי וחשוב ממני שע"י קרבנותיו ועבודתו תשרה שכינה בכם ותדעו שהמקום בחר בו:
Daily Tehillim: Chapters 88 - 89
• Hebrew text
• English text• Chapter 88
• English text• Chapter 88
The psalmist weeps and laments bitterly over the maladies and suffering Israel endures in exile, which he describes in detail.
1. A song, a psalm by the sons of Korach, for the Conductor, upon the machalat le'anot; 1 a maskil2 for Heiman the Ezrachite.
2. O Lord, God of my deliverance, by day I cried out [to You], by night I [offer my prayer] before You.
3. Let my prayer come before You; turn Your ear to my supplication.
4. For my soul is sated with affliction, and my life has reached the grave.
5. I was reckoned with those who go down to the pit, I was like a man without strength.
6. [I am regarded] among the dead who are free, like corpses lying in the grave, of whom You are not yet mindful, who are yet cut off by Your hand.
7. You have put me into the lowest pit, into the darkest places, into the depths.
8. Your wrath has weighed heavily upon me, and all the waves [of Your fury] have constantly afflicted me.
9. You have estranged my friends from me, You have made me abhorrent to them; I am imprisoned and unable to leave.
10. My eye is afflicted because of distress; I call to You, O Lord, every day; I have stretched out my hands [in prayer] to You.
11. Do You perform wonders for the deceased? Do the dead stand to offer You praise? Selah.
12. Is Your kindness recounted in the grave, your faithfulness in the place of perdition?
13. Are Your wondrous deeds known in the darkness [of the grave], or Your righteousness in the land of oblivion?
14. But, I, to You, O Lord, I cry; each morning my prayer comes before You.
15. Why, O Lord, do You forsake my soul? Why do You conceal Your countenance from Me?
16. From my youth I have been afflicted and approaching death, yet I have borne the fear of You which is firmly established within me.
17. Your furies have passed over me; Your terrors have cut me down.
18. They have engulfed me like water all day long, they all together surrounded me.
19. You have estranged from me beloved and friend; I have been rejected by my intimates.
FOOTNOTES
1.A musical instrument(Metzudot).
2.A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 89
This psalm speaks of the kingship of the House of David, the psalmist lamenting its fall from power for many years, and God's abandonment and spurning of us.
1. A maskil1 by Eitan the Ezrachite.
2. I will sing of the Lord's kindness forever; to all generations I will make known Your faithfulness with my mouth.
3. For I have said, "The world is built with kindness; there in the heavens You establish Your faithfulness.”
4. I have made a covenant with My chosen one; I have sworn to David, My servant:
5. "I will establish Your descendants forever; I will build your throne for all generations," Selah.
6. Then the heavens will extol Your wonders, O Lord; Your faithfulness, too, in the congregation of the holy ones.
7. Indeed, who in heaven can be compared to the Lord, who among the supernal beings can be likened to the Lord!
8. The Almighty is revered in the great assembly of the holy ones, awe-inspiring to all who surround Him.
9. O Lord, God of Hosts, who is mighty like You, O God! Your faithfulness surrounds You.
10. You rule the vastness of the sea; when its waves surge, You still them.
11. You crushed Rahav (Egypt) like a corpse; with Your powerful arm You scattered Your enemies.
12. Yours are the heavens, the earth is also Yours; the world and all therein-You established them.
13. The north and the south-You created them; Tabor and Hermon sing of [the greatness] of Your Name.
14. Yours is the arm which has the might; strengthen Your hand, raise high Your right hand.
15. Righteousness and justice are the foundation of Your throne; kindness and truth go before Your countenance.
16. Fortunate is the people who know the sound of the shofar; Lord, they walk in the light of Your countenance.
17. They rejoice in Your Name all day, and they are exalted through Your righteousness.
18. Indeed, You are the splendor of their might, and in Your goodwill our glory is exalted.
19. For our protectors turn to the Lord, and our king to the Holy One of Israel.
20. Then You spoke in a vision to Your pious ones and said: "I have granted aid to [David] the mighty one; I have exalted the one chosen from among the people.
21. I have found David, My servant; I have anointed him with My holy oil.
22. It is he whom My hand shall be prepared [to assist]; My arm, too, shall strengthen him.
23. The enemy shall not prevail over him, nor shall the iniquitous person afflict him.
24. And I will crush his adversaries before him, and will strike down those who hate him.
25. Indeed, My faithfulness and My kindness shall be with him, and through My Name his glory shall be exalted.
26. I will set his hand upon the sea, his right hand upon the rivers.
27. He will call out to Me, 'You are my Father, my God, the strength of my deliverance.’
28. I will also make him [My] firstborn, supreme over the kings of the earth.
29. I will maintain My kindness for him forever; My covenant shall remain true to him.
30. And I will bestow [kingship] upon his seed forever, and his throne will endure as long as the heavens last.
31. If his children forsake My Torah and do not walk in My ordinances;
32. if they profane My statutes and do not observe My commandments,
33. then I will punish their transgression with the rod and their misdeeds with plagues.
34. Yet I shall not take away My kindness from him, nor betray My faithfulness.
35. I will not abrogate My covenant, nor change that which has issued from My lips.
36. One thing I have sworn by My holiness-I will not cause disappointment to David.
37. His seed will endure forever and his throne will be [resplendent] as the sun before Me.
38. Like the moon, it shall be established forever; [the moon] is a faithful witness in the sky for all time.”
39. Yet You have forsaken and abhorred; You became enraged at Your anointed.
40. You annulled the covenant with Your servant; You have profaned his crown [by casting it] to the ground.
41. You shattered all his fences; You turned all his strongholds into ruin.
42. All wayfarers despoiled him; he has become a disgrace to his neighbors.
43. You have uplifted the right hand of his adversaries; You have made all his enemies rejoice.
44. You also turned back the blade of his sword, and did not sustain him in battle.
45. You put an end to his splendor, and toppled his throne to the ground.
46. You have cut short the days of his youth; You have enclothed him with long-lasting shame.
47. How long, O Lord, will You conceal Yourself-forever? [How long] will Your fury blaze like fire?
48. O remember how short is my life span! Why have You created all children of man for naught?
49. What man can live and not see death, can save his soul forever from the grave?
50. Where are Your former deeds of kindness, my Lord, which You swore to David in Your faithfulness?
51. Remember, my Lord, the disgrace of Your servants, that I bear in my bosom from all the many nations;
52. that Your enemies have disgraced, O Lord, that they have disgraced the footsteps of Your anointed.
53. Blessed is the Lord forever, Amen and Amen.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
Tanya: Likutei Amarim, middle of Chapter 37
• Monday, Adar II 18, 5776 · March 28, 2016
• Likutei Amarim, middle of Chapter 37
• כי כללות ישראל, שהם ששים רבוא נשמות פרטיות, הם כללות החיות של כללות העולם, כי בשבילם נברא
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Monday, Adar II 18, 5776 · March 28, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 127
The First Tithe
"But the tithes of the Children of Israel which they offer to G‑d as a gift..."—Numbers 18:24.
We are commanded to separate a tenth of our crops and give it to a Levite.
This biblical precept only applies in the Land of Israel.
Full text of this Mitzvah »
For the community of Israel, comprising 600,000 particular souls, is the general source of vitality for the world as a whole, since the world was created for the sake of these souls.
וכל פרט מהם הוא כולל ושייך לו החיות של חלק אחד מששים רבוא מכללות העולם
Each specific one of them contains and to each is related the vitality of one six-hundred-thousandth-part of the entire world.
התלוי בנפשו החיונית להעלותו לה׳ בעלייתה
This [part of the world] depends on his vital soul for its elevation to G‑d through [the vital soul’s] own elevation.
דהיינו במה שמשתמש מעולם הזה לצורך גופו ונפשו החיונית לעבודת ה׳
This means that one elevates “his” portion of the world by his partaking of this world for the requirements of his body and vital soul in the service of G‑d. By using the objects of this world that one’s body and vital soul need for the sake of serving G‑d, one elevates his portion of the world.
כגון אכילה ושתיה ודומיהם, ודירה וכל כלי תשמישיו
For example: eating, drinking, and the like; one’s dwelling and all his utensils.
But surely there are more than 600,000 souls; besides, it is quite impossible for one person to use a six-hundred-thousandth of the entire world.
אלא ששים רבוא נשמות פרטיות אלו הן שרשים, וכל שרש מתחלק לששים רבוא ניצוצות, שכל ניצו׳ הוא נשמה אחת
These 600,000 particular souls, however, are “roots”; and, like a root from which grow numerous branches, each root-soul subdivides into 600,000 sparks, each spark being one Neshamah.
וכן בנפש ורוח, בכל עולם מארבע עולמות: אצילות, בריאה, יצירה, עשיה
Similarly with the Nefesh and Ruach, in each of the four Worlds — Atzilut, Beriah, Yetzirah and Asiyah. In each of these four Worlds are found all three soul-levels — Nefesh, Ruach and Neshamah.
Rambam:• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Monday, Adar II 18, 5776 · March 28, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 127
The First Tithe
"But the tithes of the Children of Israel which they offer to G‑d as a gift..."—Numbers 18:24.
We are commanded to separate a tenth of our crops and give it to a Levite.
This biblical precept only applies in the Land of Israel.
Full text of this Mitzvah »
The First Tithe
Positive Commandment 127
Translated by Berel Bell
The 127th mitzvah is that we are commanded to separate ma'aser from produce which grows from the ground.
The source of this commandment is G‑d's statement,1 "[The inheritance I am giving the Levites shall consist of] the ma'aser of the Jewish people which they shall separate."
The verse itself explains that ma'aser is given to the Levites.
The details of this mitzvah are explained in tractate Ma'aseros.
This is called ma'aser rishon, and is a Biblical requirement only in Eretz Yisroel.2
FOOTNOTES
1.Lev. 27:30.
2.By Rabbinic law, ma'aser must be given from some lands which surround Eretz Yisroel. See Hilchos Terumos, 1:1.
• 1 Chapter: Issurei Mizbeiach Issurei Mizbeiach - Chapter 3 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Issurei Mizbeiach - Chapter 3
Audio: Listen | Download | Video Class• Issurei Mizbeiach - Chapter 3
Halacha 1
Blemishes1 do not disqualify a fowl [as a sacrifice]. This applies both with regard to a male and to a female in the instance of a fowl, for the expression [Leviticus 22:18] "a perfect male" was stated only with regard to an animal.2
When does the above apply? With regard to small blemishes. Nevertheless, if the wing of a fowl became dried out, its eye was lost,3 or its foot was cut off, it is forbidden to [be offered on] the altar, for an animal that is lacking a limb is never offered.4 Similarly, if it incurred one of the factors that cause it to be deemed tereifah and forbidden to be eaten, it is disqualified as a sacrifice.5
Halacha 2
Small6 turtle-doves and large ordinary doves are unacceptable as [can be inferred from Leviticus 1:14]: "from the turtle doves and the children of the doves."7When it begins to sprout yellow feathers,8 it is unacceptable for both species.9
Until when are young ordinary doves acceptable? As long as when one pulls out [a feather from] the wing, the place from which it was pulled out will fill with blood. Turtledoves are acceptable when [their feathers all] are of a golden hue.
Halacha 3
Although there are no blemishes greater than that of a tumtum10or anandrogynus,11 they are not acceptable for the altar for another reason. Since there is an unresolved doubt whether they are males or females, they are considered of another type, and with regard to the sacrifices, it is said: "a perfect male" and "a perfect female." [Implied is that] they must be definitely male or definitely female. Therefore even a fowl12 which is a tumtum or anandrogynus is unacceptable for the altar.13
Halacha 4
Similarly, a hybrid animal, one born through Caesarian section, and one that is lacking in age are unacceptable even if they are unblemished. [These are all excluded through the exegesis of Leviticus 22:27]: "An ox, a lamb, and a goat..." - [this implies] each of the species must be separate; an animal should not be a hybrid between a lamb and a goat. "When it gives birth..." - this excludes one born through Caesarian section.14 "It will be seven days..." - This excludes one that it is lacking in age.15 "Together with its mother" - This excludes an "orphan," i.e., an animal born after its mother was slaughtered.16
Halacha 5
An animal which looks like a different species is unacceptable [as a sacrifice] for the altar even though it is not a hybrid. What is implied? A ewe gave birth to an animal that resembled a goat or a she-goat gave birth to an animal that resembled a lamb. Even though it has some of the signs of its own species, it is unacceptable like an animal that has a permanent blemish. For there is no blemish greater than a change [in appearance].
Halacha 6
Similarly, an animal that had relations with a person,17 which was sodomized,18 which was set aside for pagan worship,19 or which was worshipped,20 even though it is permitted to be eaten,21 is unacceptable as a sacrifice for the altar. [This is derived as follows: When describing animals unfit for sacrifices, Leviticus 22:25] states: "For their perversion is in them." [Implied is that] any [animal] characterized by perversion is forbidden. With regard to forbidden [sexual behavior, Genesis 6:12] states: "For all flesh has perverted [its path]."22 With regard to pagan worship, [Exodus 32:7] states: "For your nation has perverted itself." Similarly, an animal or fowl which killed a person are considered equivalent to one that had relations with a person or which was sodomized and they are unacceptable for the altar.23
Halacha 7
It appears to me that even though all of these types of animals are unfit to be brought as a sacrifice, if one transgressed and offered them as a sacrifice, he is not worthy of lashes according to Scriptural Law, because the prohibition [against using these animals as sacrifices] is not explicitly stated in the Torah. An animal given as a present to a harlot or exchanged for a dog are forbidden [as sacrifices] for the altar. One who offers a sacrifice from either of them or from both together is liable for one set of lashes, 24 as [Deuteronomy 23:19] states: "Do not bring a present to a harlot or the exchange of a dog [to the house of God]." Why is one liable for only one set of lashes for them both? Because they are both mentioned in one prohibition.
Halacha 8
It is a positive commandment25 to offer all of the sacrifices26 from the eighth day [of their lives] and onward, as [Leviticus 22:27] states: "It will be together with its mother for seven days and on the eighth day and onward, it will be desirable." Throughout these seven days, it is called lacking in age.27
Halacha 9
Turtle-doves that have not reached the stage of development when they are fit for sacrifice30 and young doves that matured beyond the appropriate stage31are all considered as blemished [animals].32 One who offers them is not liable for lashes,33 even though the sacrifice is invalid and is not acceptable.
Halacha 10
One who consecrates an animal which is a tumtum, androgynus, tereifah, a hybrid, or born through Caesarian section to the altar is like one who consecrated stones or wood,34 for the holiness does not take effect with regard to its physical substance. It is considered as ordinary property in all contexts. It should be sold35 and the proceeds of the sale used to purchase any sacrifice one desires.36 It is not considered like a blemished animal,37 for a sacrifice may be brought from the species of a blemished animal.38
When, by contrast, one consecrates an animal that had relations with a person, which was sodomized, which was set aside for pagan worship, which was worshipped, which was given to a harlot, or which was exchanged for a dog,39 it is considered as if he consecrated an animal with a temporary blemish. They should be left to pasture until they contract a permanent blemish for which they could be redeemed. Similarly, one who consecrates an animal that is lacking in age is considered as one who consecrates an animal with a temporary blemish.40 Nevertheless, he is not liable for lashes, as we explained.41
Halacha 11
Thus there are fourteen types of animals that are forbidden [as sacrifices] for the altar: a blemished animal, one that is not choice,42 one that is lacking an internal organ,43 a tereifah, a hybrid, one born from Caesarian section, one that had relations with a person, one that was sodomized, one that killed a person, one that was worshipped, one set aside for pagan worship, one given to a harlot as her fee, one exchanged for a dog, one which is lacking in age.
Halacha 12
All of the animals which are forbidden [as sacrifices] for the altar are forbidden regardless of the proportion in which they are intermingled. Even if one of them becomes mixed together with ten thousand,44 they are all disqualified and unacceptable for the altar.45
In all instances, the offspring [of these unacceptable animals] are acceptable [as sacrifices] for the altar, with the exception of the offspring of an animal that was sodomized, worshipped, set aside for worship, or which killed a person. The offspring of these animals are forbidden for the altar as they are.46
Halacha 13
When does the above47 apply? When the transgression was performed with it or it killed the person while it was pregnant, in which instance, the offspring was together with it when it became disqualified and was considered as one of its limbs.48 If, however, it became pregnant after the transgression was performed with it or it killed the person, its offspring is acceptable for the altar.49 Even if an animal was sodomized while it was consecrated and then it became pregnant, [the offspring is acceptable]. Needless to say, the offspring is acceptable if [the mother] was sodomized while it was of ordinary status and then it was consecrated and became pregnant. Similarly, a chick born from an egg from a tereifah is acceptable [as a sacrifice] for the altar.50
Halacha 14
When a person bows down to standing grain, its kernels are permitted to be used for meal offerings, for their [form] has changed. They resemble the offspring of animals forbidden [as sacrifices] for the altar.51 Similarly, an animal that was fattened with vetch from a false deity is permitted [as a sacrifice] for the altar, for the [form of the vetch] has changed.52
Halacha 15
[Animals for] any of the sacrifices may be purchased from gentiles.53 We do not suspect that [the animal] had relations with a person, had been sodomized, set aside for pagan worship, or worshipped unless it is known that it was disqualified. [Support for this concept can be brought from I Samuel 15:16:] "From the Amalekites, they were brought, for the people had mercy on the prime quality sheep and cattle, to sacrifice [them] to God your Lord."54
FOOTNOTES
2.
I.e., with regard to an animal, there are sacrifices which require a male and others which require a female. Such distinctions are not made with regard to sacrifices brought from fowl. All sacrifices are acceptable whether one brings a male or a female. SeeHilchot Ma'aseh HaKorbanot 1:8.
3.
The commentaries explain that the fact that the fowl lost its sight is not enough to disqualify it. It must be as if the eye has been removed.
6.
I.e., young, underdeveloped birds. They are considered as "lacking in age" (Hilchot Ma'aseh HaKorbanot 18:8).
7.
We have translated the verse literally so that the source for the concept derived is clear. None of the other animals prescribed for sacrifices are described as b'nai, "the children of." By using that term, the Torah sought to imply that the birds must be young and underdeveloped.
9.
It is unacceptable for turtle-doves, because such a fowl is still considered in its preliminary stages of development. It is not mature yet. Yet it is unacceptable for ordinary doves, because such a fowl has developed beyond its initial stages.
10.
An animal whose sexual organs were covered by a mass of flesh and thus its gender cannot be determined.
13.
Even though it makes no difference if a fowl is male or female, it must be definitely a male or definitely a female.
16.
I.e., the mother was pregnant. It was slaughtered and the fetus was removed alive from its womb and then consecrated as a sacrifice. The Radbaz explains that since this animal is also born through Caesarian section, it is not mentioned as a separate category in the first clause of this halachah and in Halachah 11.
18.
In Chapter 4, Halachah 2, and in his Commentary to the Mishnah (Zevachim8:1), the Rambam explains that this is referring to a situation where the forbidden sexual act was observed by only one witness, by the owners, or the animal was consecrated before being brought to court, or the forbidden sexual act was performed by a gentile. If, however, the forbidden sexual act was performed by a Jew and observed by two witnesses, once the matter was ruled upon by the court, the animal must be executed and is certainly unacceptable as a sacrifice. See also Chapter 4, Halachah 3,5 for more details regarding the disqualification of such an animal.
19.
Even if it had not been used for such worship as of yet. See Chapter 4, Halachah 4, which explains when such an animal is disqualified. As the Radbaz explains in his gloss to that halachah, this is speaking about both an animal which is itself going to be worshipped, and also an animal that will be used for the service of a pagan deity.
21.
This refers even to an animal that was worshipped or set aside for pagan worship, as stated in Hilchot Avodat Kochavim 8:1.
22.
The commentaries to that verse explain that its intent is that even animals were mating with partners from different species. It is, however, unlikely that this is the Rambam's intent in citing that prooftext. Most probably, the intent is that only animals that shared relations with humans are forbidden.
24.
Sefer HaMitzvot (negative commandment 100) and Sefer HaChinuch (mitzvah 571) include this commandment among the 613 mitzvot of the Torah. Although the prohibition involves two subjects, not one, it is still considered as only one prohibition. See the Introduction to Sefer HaMitzvot, General Principle 9, for more details on why the two prohibitions are considered as one mitzvah.
25.
Sefer HaMitzvot (positive commandment 60) and Sefer HaChinuch (mitzvah 293) include this commandment among the 613 mitzvot of the Torah.
26.
Rabbi Akiva Eiger postulates that this mitzvah applies only with regard to animals. Young doves, by contrast, may be offered even before their eighth day of life. This conclusion can be derived from the Rambam's wording in the following halachah and in Hilchot Ma'aseh HaKorbanot 18:8. See also Hilchot Ma'achalot Assurot 3:10 which allows a chick to be slaughtered for food even on the day of its birth.
27.
See ibid. 1:11-12 for more particulars. There the Rambam states that it is preferable to offer a sacrifice after it is at least one month old.
28.
The Rambam adds this explanation, because in contrast to the disqualifying factors mentioned in Halachah 7, this factor is mentioned explicitly in the Torah (Radbaz).
32.
See also Hilchot Ma'aseh HaKorbanot 18:7-9 which mentions other time factors that render an animal unfit to be sacrificed.
33.
There is no specific prohibition forbidding such offerings. Instead, the manner in which the positive commandment is stated in the Torah makes it clear that a younger fowl is prohibited, as stated in the previous halachah.
34.
Since these types of animals are not acceptable as sacrifices as explained in the previous halachot, the consecration is not effective.
36.
The Ra'avad emphasizes that the person's words are not entirely of no consequence. Instead, the animal must be sold and the proceeds used to purchase a sacrifice. This, he explains, applies only when the person states: "This animal is consecrated to the altar." If he states: "This animal is a sacrifice," his words are of no consequence and no holiness is attached to it at all.
37.
I.e., if an animal with a blemish is consecrated, the animal itself becomes holy. Also, the one who consecrates it is liable for lashes (Radbaz).
See also Hilchot Temurah 1:14, 3:5, when one desires to transfer the holiness of a consecrated animal to a blemished animal, the transfer is effective and the blemished animal is considered as consecrated. This does not apply with regard to these animals.
38.
Were it to be unblemished. Therefore even when it is blemished, the holiness of an animal can be transferred to it.
41.
In Halachah 8. There the Rambam states that one who offers such a fowl is not liable. From that, we can infer that one who consecrates it is also exempt.
44.
And the forbidden animal cannot be identified. Note the parallels in HilchotPesulei HaMukdashim 6:2.
45.
Zevachim 73a,b states that the rationale is that animals are important and therefore are never nullified in a mixture. The Sages then ask: Let us have the herd in which the animal is mixed moved and then we will follow the principle: Whenever one is separated, we consider it to have separated from the majority (which in this instance is permitted). They reply that this is not done because of a Rabbinical decree, lest an animal be removed from the mixture while it is at rest.
46.
Temurah 30b states that it is disrespectful to offer an animal that has been associated with such a transgression as a sacrifice. From the following halachah, it appears that the rationale is that it is considered to have actually taken part in the transgression.
48.
In keeping with the principle (Hilchot Nizkei Mammon 11:12; Temurah, loc. cit.): "A fetus is considered like the thigh of its mother."
49.
For in that instance, the animal was brought into being by two factors, one of which is associated with a source forbidden as a sacrifice (the mother) and another (the father) which was not (ibid.).
50.
For a chick is an entirely new entity that was not directly associated with the forbidden animal (ibid. 31a).
51.
As mentioned in the previous halachot. I.e., just as the offspring is the product of the forbidden animal, the flour is the product of the grain. See Avodah Zarah 46b-47a.
52.
In this instance, it is not even remotely connected to the forbidden entity. SeeTemurah, loc. cit.
53.
Similarly, an animal brought by a gentile to sacrifice as a burnt offering is acceptable (see Hilchot Ma'aseh HaKorbanot 3:2).
54.
King Saul gave this explanation to the prophet Samuel after failing to destroy the herds of the Amalekites. Although that excuse was rejected, it was rejected only because God had explicitly stated that the Amalekites' herds must be destroyed. Had there not been such a command, presumably they - and by extension, animals belonging to any other gentile nation - would have been acceptable.
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Halacha 1
After separating the great terumah,1 one should separate one tenth of the remaining produce2 and this is called the first tithe. Concerning it [Numbers 18:24] states: "For the tithes of the children of Israel that they will separate to God."3
These tithes are given to Levites, males and females, as [ibid.] states: "And I gave the Levites all of the tithes of the children of Israel as an inheritance."
Halacha 2
An Israelite is permitted to partake of the first tithe. And it may be eaten in a state of ritual impurity, because it is not holy.4 Whenever the term "holy" or "redemption" is used with regard to the tithes, the intent is the second tithe.5
What is the source from which we learn that the first tithe is ordinary produce? [Ibid.:27] states: "And your terumah will be considered for you as grain from your grainheap and the fullness of the vat." Just as a grainheap and a vat [contain] ordinary produce, so, too, once terumat ma'aser has been separated from the first tithe,6 it is ordinary produce in all regards. For this reason, when the daughter of a Levite has been taken captive7 or she engaged in forbidden relations, she can be given tithes and she may partake of it. When, however, there was a report that a woman's husband died or one witness testified that he died, she married8 and then her husband appeared, our Sages penalized her and ruled that she is forbidden to partake of the tithes.9
Halacha 3
The Levites and the priests should separate the first tithe so that they can separate terumat ma'aser from it.10 Similarly, the priests must separate other types of terumah11 and tithes12 for themselves.13Since the priests receive all types of agricultural gifts, is it possible for them to partake of the produce without these separations having been made? [Numbers 18:28] states: "And so shall you separate, also you...." "You" includes the Levites. "Also you" includes the priests.
Halacha 4
Halacha 5
When a person partakes of his produce while it is tevel18 or a Levite partakes of the tithes while they are tevel,19 although they are liable for death at the hand of Heaven,20 they are not liable to make reimbursement to the owners.21[This is derived from ibid.:24:] "...that they will separate to God." [Implied is that the recipients] do not have any share in them until they have been separated.
Halacha 6
We can separate tithes from produce in one place for produce in another place. They need not be grouped together.24 We do not, however, separate tithes from one species for another species,25 nor from produce for which we are obligated to separate tithes for produce from which we are exempt from separating, nor from produce for which we are exempt from separating tithes for produce from which such a separation is required.26 If one made a separation in any of the above instances, [the produce separated] is not considered as tithes.27
Halacha 7
Whenever we said with regard to terumah, that terumah may not be separated from one type of produce for another,28 tithes may not be separated from one such type of produce for another such type. And whenever we said that the separation of terumah from [one type of produce] is acceptable [after the fact],29 if one separated tithes from such produce, it is acceptable. Whenever produce is exempt from the obligation to have terumah separated,30 it is also exempt from the obligation to have tithes separated. All those individuals who may separate terumah may separate the tithes. And all those concerning whom it was said that they should not separate terumah, but if they did separate it, the separation is effective,31 so too, if they separate the tithes, the separation is effective. And whenever a person's separation of terumah is not effective,32 his separation of tithes is also not effective.
Halacha 8
Halacha 9
Halacha 10
A tree that is planted inside a house is exempt from the obligations of the tithes, as [indicated by Deuteronomy 14:22]: "You shall certainly tithe all the produce of your crops that grow in the field."39 It appears to me that tithes must be separated from this produce according to Rabbinic Law, for one is required to tithe the fruit of a fig tree that stands in a courtyard if it was harvested at one time.40
Halacha 11
Halacha 12
[The following laws apply when someone is] protecting his field because of grapes43 and another person comes and collects the figs that remain in that field or he was guarding his field because of the zucchini and squash44 and another person came and gathered the grapes which were scattered in the field. When [it is known] that the owner of the field is concerned with the leftover produce, it is forbidden to take it; [doing so] is stealing.45 Hence, tithes and terumah must be separated from the crops. If the owner of the field is not concerned with it, it is permitted [to take it;46it is not] theft. Hence, they are exempt from the tithes.47
Halacha 13
Only the most choice produce should be separated as tithes,48 as [Numbers 18:30] states: "When you separate the choice portion from it, and it will be considered for the Levites49 as the produce of the grainheap and the produce of the vat." Just as the Levites must separate the choicest portions of the tithes, the Israelites who separate from the grainheap and the vat separate the choicest portions.
Halacha 14
We may not separate tithes by estimation.50 Instead, one must do so through measuring,51 weight, or number.52 One who is precise in the measurement is praiseworthy. When one gives an extra amount as the tithes, his tithes are flawed, because untithed produce is mixed with them.53 [The remainder of] his produce has, however, been made fit for use.
Halacha 15
When a person separates a portion of the tithes, they are not considered as tithes. Instead, it is as if someone divided the grainheap. He must, however, separate from the portion set aside the tithes that are appropriate for it.
Halacha 16
When a person separates the [first] tithe, he should recite a blessing first, as one recites a blessing [before observing] any of the mitzvot.56 Similarly, he should recite a blessing [before separating] the second tithe, the tithe given to the poor, and the tithe of a tithe.57 He should recite a blessing for each one individually. If he made all the separations one directly after the other without speaking in between, he should include them all in one blessing, [praising God who commanded us] "to separate the terumot and the tithes."58
FOOTNOTES
1.
This is the preferable course of behavior. If, however, one separates the tithes beforeterumah, the separation is binding.
3.
Sefer HaMitzvot (positive commandment 127) and Sefer HaChinuch (mitzvah 395) include this commandment among the 613 mitzvot of the Torah.
7.
And we fear that she was raped by her captors. With regard to terumah, by contrast, once the daughter of a priest engages in forbidden relations, she is forbidden to partake of it (Hilchot Terumah6:7). Our Sages did not decree that a Levite's daughter who engages in forbidden relationships should not be allowed to partake of terumah, for it is uncommon for a woman to engage in forbidden relationships (Yevamot 91a).
8.
If, however, she did not marry, she is not forbidden, even if she was consecrated by another man.
10.
I.e., since the priests and the Levites are allowed to keep the tithes, one might ask: Why is it necessary for them to separate it at the outset? The Rambam answers that the separation is necessary, because untilterumat ma'aser is separated from the tithes, it is forbidden to partake of them.
11.
With the expression "other types ofterumah," the Rambam includes challah andbikkurim. See Hilchot Terumah 15:20.
12.
The intent is only the first tithe. The second tithe and the tithe for the poor are not given to the priests.
13.
They may not, however, partake of the produce without making these separations as the Rambam proceeds to explain.
15.
A priest must separate the presents. He need not, however, give them to another priest, but instead may keep them for himself.
16.
There are some who interpret the Rambam as implying that the penalty was applied only in Ezra's era, but not in subsequent generations. Indeed, we find that even Sages gave their tithes to Levites (Ma'aser Sheni 5:9). For this reason, it appears that Ezra's penalty was that if there was both a priest and a Levite present, the tithes should be given to a priest, but they could also be given to a Levite (Radbaz). Alternatively, in Ezra's generation, the tithes should be given only to the priests. Subsequently, however, when more Levites ascended and settled inEretz Yisrael, the decree was rescinded and tithes could also be given to the Levites. Nevertheless, in order not to nullify Ezra's words entirely, it was still possible to give the tithes to the priests (Kessef Mishneh). [Note, however, the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:15) which indicates that the tithes were given to the priests in the generations after Ezra as well. See also Hilchot Ma'aser Sheni 11:14.] All agree that the Levites themselves were never required to give the tithes to the priests.
The Minchat Chinuch (Mitzvah 395) asks: How was it possible for Ezra to nullify the Torah's command? For the Scriptural obligation is to give the tithes to the priests. He answers that in Ezra's time, the mitzvah to tithe was only Rabbinic in origin (seeHilchot Terumot, ch. 1). Hence, it was possible for him to make the priests the recipients.
17.
See Ezra 8:15 which states that the descendants of the Levites were not found among the people who returned to Israel from Babylon. There were many among the Jewish people who had achieved financial security and comfortable living circumstances in Babylon and did not want to give this up to live in the Holy Land. Nevertheless, aside from the Levites, there was no distinct group that did not return to Israel in significant numbers.
21.
I.e., the priests (or the Levites) who would be given the terumah or the tithes. With regard to terumah, by contrast, when a person partakes of terumah unknowingly, he is required to make restitution. See Hilchot Terumah 6:6.
22.
In the lands directly bordering on Eretz Yisrael where our Sages ordained that the agricultural laws be observed. See Hilchot Terumah 1:6.
23.
Since the obligation to make these separations from the crops is Rabbinic in origin, our Sages granted this leniency. SeeHilchot Terumah 1:21.
24.
In contrast to terumah, in which instance, the initial preference is to separate theterumah from the same produce for which it is being taken (Hilchot Terumah 3:17).
28.
E.g., produce that has been reaped for produce that is attached to the ground (ibid.:9), produce reaped in one year for produce reaped in another year (ibid.:11), or produce from the Diaspora for produce fromEretz Yisrael (ibid.:12).
29.
I.e., instances where a separation ofterumah is undesirable, nevertheless, after the fact, it is acceptable. For example, one separated produce for which all the work concerning it was not completed (ibid.:4); one separates lower grade produce asterumah for higher grade produce (ibid.:8); or one unknowingly separated impure produce as terumah for pure produce.
30.
For example, produce not fit for human consumption (ibid. 2:1); produce that wasleket, pe'ah, or the like (ibid.:9).
31.
A person who is deaf, but not mute, a mute who can hear, but not speak, a person who is naked, a person who is drunk and a blind person (ibid. 4:4).
32.
A deaf-mute, a mentally or emotionally unstable person, a minor, a gentile who separated terumah from produce belonging to a Jew, even with his permission, and a person who separate terumah from produce that does not belong to him without the owner's permission (ibid.:2).
33.
Since he willingly appointed him as an agent, we assume that he relies on him and can follow the accepted presumption that an agent will carry out the task assigned to him. [Our translation and commentary follow the gloss of the Radbaz. Others offer different interpretations.]
34.
Since he did not appoint him voluntarily, we are not certain that he will carry out the agency in good faith.
35.
The Ra'avad differs with the Rambam and maintains that according to Scriptural Law, the only trees from which we are required to separate the tithes are grapes and olives. As explained in the notes to Hilchot Terumah2:1, this is a difference of opinion involving many authorities.
36.
Based on Hilchot Ma'aser Sheni 1:3, it appears that here the Rambam is speaking of carobs that grow in Tzalmona or other species that are usually not eaten. The carobs that grow commonly and are eaten by many must be tithes according to Scriptural Law.
Those that grow in Tzalmona and the like are also eaten by some people. Hence the Rabbis ordained that they be tithed. Species of produce that are not usually consumed by people are exempt, as stated in the following clause.
37.
When such almonds are small, they are not bitter. Nevertheless, they are still unfit to be eaten because they have not fully matured (see Rashi, Chullin 25b).
38.
Even though some may partake of them, the majority do not. Indeed, the minority is so insignificant that we do not require a separation of terumah even according to Rabbinic Law.
40.
If, however, the fruit is picked one by one, a person is not obligated to tithe it.
This law is stated in the Mishnah (Ma'aserot3:8). Now a courtyard is not considered a field. Hence in order that this law not contradict the law cited from the Jerusalem Talmud, we must assume that the Mishnah is speaking according to Rabbinic Law, while the Jerusalem Talmud is speaking according to Scriptural Law. The Ra'avad differs with this ruling and differentiates between produce growing in a courtyard and that which grows in a house. The Radbaz and the Kessef Mishneh support the Rambam's ruling.
41.
I.e., they are exempt according to Scriptural Law, and even according to Rabbinic Law, there is no obligation to separate tithes, because the person would not desire to have the plants grow (Or Sameach).
43.
The Rambam is speaking about an instance where the figs and the other fruits growing in the field have for the most part been harvested. There were, however, a few figs left growing in scattered places around the field. The grapes, however, grow later than the other crops and hence, had not been harvested yet. The owner was protecting his field for the sake of his grapes. The question is: Are the other fruits considered as ownerless because the owner is no longer primarily concerned with them? Or do we say that since he is guarding his field because of the grapes, he is also guarding the other produce?
45.
Even though it has little value. We are forbidden to take even the slightest amount of a colleague's property against his will.
46.
It is as if he has declared them ownerless (Radbaz). See a parallel ruling in Hilchot Ishut 5:8.
47.
For ownerless produce need not be tithed. Similarly, terumah need not be separated from it (Radbaz, based on Hilchot Terumah2:11).
49.
This is both the correct wording of the verse and the manuscript copies of the Mishneh Torah. The standard printed text is in error.
53.
For the extra amount of produce is not tithes, because the tithes represent an exact sum. Nor is it considered ordinary produce from which tithes were separated, because it was placed with the tithes. Instead, it is considered as ordinary produce from which tithes were not separated.
55.
Although usually, one may set aside tithes from one collection of produce for another (Halachah 6), an exception is made in this instance, because he originally separated this produce with the intent that it be tithes [the Rambam's Commentary to the Mishnah (Terumot 4:1)]. it would appear that one is separating tithes from produce for which one is required to separate tithes for produce for which one is not obligated to make such a separation (see notes to Halachah 7). The Ra'avad differs with the Rambam concerning this ruling, advancing a different interpretation of Terumot 4:1.
58.
This applies if one sets aside terumah and tithes for his own produce. If he sets it aside for others, he should conclude the blessing "concerning the separation of tithes" (Hilchot Berachot 11:12-13).
Maaser - Chapter 2
Halacha 1
A person is not obligated to tithe his produce by Scriptural Law unless he completes [the work associated with its preparation1 with the intent of] partaking of it himself.2 If, however, he completes those tasks with the intent of selling it, he is exempt according to Scriptural Law.3 He is, however, obligated by Rabbinic decree.4 [This is derived from Deuteronomy 14:22:] "And you shall certainly tithe... and you shall partake...." One is obligated only when he completes the tasks with the intent of partaking.
Halacha 2
Similarly, one who purchases such produce is exempt according to Scriptural Law, [for ibid. states]: "the produce of your crops."5 He is, however, obligated according to Rabbinic Law.
When does the above apply? When he purchased it after the work necessary to prepare it was completed while was in the possession of the seller. If, however, these tasks were completed while it was in the possession of the purchaser, he is obligated to tithe according to Scriptural Law.6
Halacha 3
Produce which is not fit to be eaten because it is too small, e.g., unripened produce7 and the like, is not required to be tithed8 until it grows and becomes food, as [implied by Leviticus 26:30 which states that we must tithe:] "From the crops of the earth, from the fruit of the trees," i.e., [there is no requirement to tithe the crops] until they grow and become fruit. Similar concepts apply with regard to grain and legumes, as [implied by Deuteronomy 14:22:] "the produce of your crops," i.e., [there is no obligation] until it becomes produce.
Halacha 4
Produce that is fit to be eaten when it is small, e.g., zucchini or cucumbers, but is left [to grow] only in order to increase its bulk, is required to be tithed while it is small, [for] they are fit to be eaten at the outset. As soon as they emerge, they are considered to have reached "phase of tithing."
Halacha 5
When is "the phase of tithing"? When the produce will reach a stage that it produces seed [that could] grow, each species according to its nature.12
What is implied? For figs, it is when they become soft enough to be fit to be eaten within 24 hours after they have been harvested.13 For grapes andbiushim, i.e., thin wild grapes, it is when their seeds can be seen from the outside.14 For pomegranates, it is when their seed15 will be crushed easily between one's fingers and produce liquid. For dates, it is when they swell like yeast.
For peaches, it is when red strands appear within them.16 For nuts, it is when the fruit becomes distinct from its outer shell. For sweet almonds, it is when their external shell becomes distinct. Bitter [almonds] are always exempt.17For other fruits with shells, e.g., acorns, chestnuts, and pistachios, it is when the lower shell that is next to the fruit forms.
For olives, when they produce one ninth of the amount of oil that they will produce when they are entirely ripe;18 this is one third of their growth. For apples and esrogim, it is when they become round,19for they are fit to be eaten when they are small. For berries and the ??, it is when they become red. Similarly, for every fruit that becomes red, it is when it becomes red.
For carobs, it is when black spots begin to appear. Similarly, for any fruit that becomes black, it is when spots begin to appear. For pears, small pears,20quince, and thorn apples,21 it is when their hairs begin to fall off.22 Similarly, for any fruit that becomes light-colored, it is when white lines appear.
For grain, it is when it reaches a third of its growth. For chilba, it is when its seed is fit to grow if it would be planted. With regard to vegetables, we are required [to tithe] zucchini, squash, watermelon, cucumbers and the like when they are small, as we explained.23 Other vegetables which are not fit to be eaten until they grow large and are not required [to be tithed] until they are fit to be eaten.
When even one grape on a cluster has reached the stage when it must be tithed, because of their connection, the entire [cluster is required to be] tithed.24 It is as if the entire cluster reached that stage of development. [Indeed,] not only that cluster, but the entire side of the vine on which that cluster grew [is considered to have reached the stage when the tithes must be separated]. Similarly, when even one seed of a pomegranate reaches the appropriate stage, the entire [side of the tree]25 is considered as connected to it.
Halacha 6
After produce has reached the "phase of tithing," a person should not sell it to someone who is not trusted with regard to tithes.26 If [a portion of] the produce ripened,27 he should remove that [portion] which ripened. It is then permitted to sell the remainder that has not reached the "phase of tithing."28
Similarly, a person should not sell olive dregs and grape dregs to someone who is not trusted with regard to tithes to extract [oil or wine] from them,29 for the liquids extracted from these dregs must be tithed. Nor should he sell straw so that grain can be picked from it to someone who is not trusted, for the grain picked from the straw must be tithed.
Halacha 7
[The following laws apply when a person] mixed water with wine dregs and filtered the mixture. If he mixed in three measures of water and received four measures, [the mixture is considered wine] and he must separate tithes for this extra measure from another source.30 He does not have to separateterumah, for when one separates terumah, he has the intent to separateterumah for the entire amount, as stated above with regard to terumah.31 If he received less than four measures, he is exempt, even if he received more than he mixed in and even if the mixture has the flavor of wine.32
Halacha 8
When a person consecrated his produce when it was attached to the ground, before they reached the "phase of tithing," and then redeemed them, and after he redeemed them, it reached that stage of development, he is obligated to tithe them.33If the produce reached the "phase of tithing" while it was in the domain of the Temple treasurer and he redeemed it afterwards, he is exempt.34
FOOTNOTES
2.
Rabbi Akiva Eiger and the Minchat Chinuch(mitzvah 395) explain that even if the person changes his mind and desires to sell the produce afterwards, he remains obligated to tithe.
3.
If the person changes his mind and desires to partake of the produce himself afterwards, he is not obligated according to Scriptural Law. Since he was not obligated at the time of the initial requirement, he does not become obligated afterwards (ibid.).
4.
Our Sages adopted this measure as a safeguard. Ignoring it can have serious repercussions as Bava Metzia 88a states the shopping area of Beit Hino was destroyed three years before Jerusalem because they did not tithe produce that was sold in the marketplace.
6.
The Ra'avad differs with the Rambam, maintaining that the purchaser of the produce is never liable to tithe according to Scriptural Law. The Radbaz and the Kessef Mishneh cite interpretations of Talmudic passages that support the Rambam's position, but explain that there are otherRishonim who follow the Ra'avad's position.
11.
I.e., he may even salt them and roast them, even though these actions bring about the obligation to tithe when fruit has matured (Chapter 3, Halachah 3).
12.
Our Rabbis interpreted this as meaning reaching a third of its natural growth. All the examples mentioned in the continuation of the halachah refer to this stage of growth as it applies to each individual species.
13.
Thus if one partakes of them within 24 hours from their harvest without tithing them, he is not liable, for they are not ready to be eaten yet (Ma'aseh Rokeach).
14.
That indicates that their shell has softened and the fluid has been generated within the fruit. See the Rambam's Commentary to the Mishnah (Ma'aserot 1:2).
15.
Our translation is based on authentic manuscripts and early printings of theMishneh Torah and is reinforced by the Rambam's Commentary to the Mishnah (ibid.). The standard printed text reads slightly differently.
18.
The Ra'avad questions the Rambam's ruling based on a different version of Sh'vi'it 4:7. The Radbaz and the Kessef Mishnehsupport the Rambam's ruling.
19.
Although Ma'aserot 1:4 states that we are required to separate tithes from apples when they are small, it does not mention a stage of development. The Kessef Mishnehquestions the source for the Rambam's statements.
20.
This is the common translation of these terms. In his notes to the Rambam's Commentary to the Mishnah (Kilayim 1:4), however, Rav Kapach suggests that the two terms may refer to apricots and peaches.
21.
Our translation is based on Rav Kapach's notes to the Rambam's Commentary to the Mishnah (Demai 1:1).
22.
When these fruits are unripened, they are covered by a fuzz of hair. As they ripen, the hairs fall off.
23.
I.e., based on Halachah 4, which states that produce that is fit to be eaten while small must be tithed.
24.
The Radbaz explains the rationale for this ruling. Since one grape has already ripened sufficiently, the others will ripen shortly thereafter.
26.
Lest that person fail to tithe it and the seller thus be liable for "placing a stumbling block in the path of the blind."
28.
The Radbaz notes that this clause appears to be in contradiction with the final clause of the previous halachah, for seemingly if part of the crop has become obligated in the tithes, the entire crop has. He explains that if the grapes are growing on different vines, the stringency mentioned in the previous halachah does not apply.
29.
I.e., the purchaser stated that he was purchasing them for this purpose. If, however, such a statement of intent is not made, these may be sold, for it is most likely they will be used as fuel for a fire.
30.
The bracketed addition is made on the basis of the gloss of Rabbi Ovadiah of Bartenura to Ma'aserot 5:6. For there is no reason why that produce itself cannot be used for the tithes.
31.
Hilchot Terumah 4:21. The Radbaz explains that this proviso is made with regard toterumah and not with regard to the tithes, because terumah is given by estimation, while the tithes must be measured exactly.
34.
Because at the time the obligation to tithe them took effect, the crops were consecrated property and there is no obligated to tithe consecrated property.
Maaser - Chapter 3
Halacha 1
When produce has reached the "phase of tithing,"1 it was detached [from the earth], but the work preparing it was not completed, e.g., grain that he harvested and threshed, but [the reaper] did not winnow it or straighten the grain pile, he may partake of it as a snack2 [without tithing] until those tasks are completed. Once those tasks are completed, it is forbidden to partake of it as a snack [without tithing].
Halacha 2
When does the above apply? When one is completing the work [necessary to prepare] the produce to be sold in the market place. If, however, his intent was to bring it to his home,3 he may partake of it as a snack [even] after the work involving it is completed until a situation occurs which obligates the separation of tithes.4
Halacha 3
Six situations5 obligate the separation of tithes from produce:6 a) [bringing it into] a courtyard,7 a transaction,8 [subjecting it to] fire,9 salting it,10 separatingterumah,11 and [the commencement of] the Sabbath.12 These situations only require the separation of tithes when the work necessary to prepare the produce has been completed.
Halacha 4
What is implied? One may eat a snack from produce which he intends to bring home [without tithing] even though the work necessary to prepare it has been completed until he enters his home. Once he enters his home,13 the obligation to separate tithes takes effect and he is forbidden to partake of it14 until he tithes it.
Similarly, if he sold it, cooked it by fire, pickled it in salt, separated terumahfrom it, or the Sabbath commenced, he may not partake of it until he separates the tithes even though it has not reached the house.
If he brought the produce into his home before he completed the work associated with it, he may continue to snack from it.15 If he began to complete the work associated with its completion, he is obligated to tithe the entire amount.16
What is implied? A person brought zucchini and squash home before he rubbed them [to remove the hairs on their surface]. Once he begins rubbing one of them, he is obligated to tithe all of them. Similar laws apply in all analogous situations.
Similarly, when one separates terumah from produce for which all the tasks necessary to prepare it have not been completed, it is permitted to snack from them with the exception of a basket of figs.17 If one separates terumah from them before the work associated with preparing them is finished, the obligation to tithe takes effect.
Halacha 5
[The following laws apply if] figs branches to which figs were still attached or date fronds to which dates where still attached18 were brought home. If children or workers brought them [to a person's home], the obligation to tithe does not yet take effect.19 If the owner of the home brought them, he is obligated to tithe them.20
Halacha 6
It is permitted to be crafty and bring [grain that has been harvested] into one's home while it still has its outer shell24 so that one's livestock can partake of it25 and thus it is exempt from tithes.26 One may then winnow a small portion of it after it has been brought into one's home.27 He is thus exempt from [the obligation to separate] terumah and tithes forever, since he has not begun to complete [the tasks necessary to prepare] the entire [harvest].
Halacha 7
Halacha 8
What is meant by completing the work associated with produce? For zucchini, squash, and watermelon, it is when one rubs them with his hands and removes the golden hairs upon them. If he does not rub them,30 it is when he makes a pile. For a watermelon,31 it is when he arranges them in a designated place, one watermelon next to another. If one rubs the fruit one by one, when he completed [rubbing] all that he needed, that [specific produce] is considered as if the tasks necessary to prepare it were completed.32 We may separate terumah from zucchini and squash even though the hairs have not been removed from it.33
Halacha 9
For vegetables that are [sold while] bound together,34 it is when they are bound together. If the vegetables are not bound together, it is when the container is full. If he does not fill the container, he may snack from the produce until he gathers all that he needs.
Halacha 10
For a basket [of produce], it is when the produce will be covered by leaves, straw, and the like.35 If he does not cover it, it is when the container is full. If he does not fill the container, it is when he gathers all that he needs.
Halacha 11
[When a person is gathering produce] in a large container, but he desires to fill only a portion of it, once he fills that portion, [the produce] must be tithed. If he intends to fill the entire container, [the produce is] not required to be tithed until he fills the entire container. If he has two containers and desires to fill both of them, [the produce is] not required to be tithed until he fills both of them.
Halacha 12
When a person made a large weave of vegetables in the field, the obligation to tithe takes effect36 even though he intended to [undo the larger weave and] make a smaller weave for the marketplace.
Dried pomegranate seeds, raisins, and carobs, [become obligated to be tithed] when a person sets up a pile on top of his roof. Onions [become obligated] when one removes the leaves and shells that he would generally discard. If he does not remove them, [there is no obligation to tithe the onions], until one stores them in a pile.
Halacha 13
Grain [becomes obligated] when one is mimareach it. What is meant bymimareach? When one straightens the surface of the grainheap with a pitchfork at the conclusion of the entire process, as one would do when he concludes all his work.37 If a person is not mimareach, [the obligation takes effect], when he makes a pile.
Legumes [become obligated] when one sifts them38 and takes them from under the sifter and partakes of them. If he does not sift them, [the obligation takes effect when] he is mimareach.
Halacha 14
Wine [becomes obligated] when it is stored in a barrel and the peels and seeds are removed from the top of the barrel. When, however, it is in the vat and one takes out some to put it in a barrel, one may drink from it casually.41Similarly, he may collect [wine] from the upper vat,42 from a conduit, or from any place and drink it [without tithing].
Halacha 15
Oil [becomes obligated] when it descends to the vat.43 Even though it has descended, one may take from the rope basket,44 the stone [used to grind the olives], the boards or stones of the olive press. One may place [untithed] oil into cooked food in a small dish or a large pot even though [the food] is hot, because it will not cook in a secondary vessel.45 If [the food] was very hot, so much so that one's hand would burn, he should not put [untithed oil] into it, because it will be cooked.46
Halacha 16
A cake of dried figs [becomes obligated] when it is smoothed. Dried figs [become obligated] when they become crushed [into the container in which they will be stored].47 If they were placed in a storage container, [they become obligated] when one smoothes out the surface of the storage container by hand. If one was crushing dried figs into a jug or into a cake at the opening of a storage container and the jug becomes broken or the storage container is opened, he should not partake of [the figs] until they are tithed.
Halacha 17
When figs and grapes have been set aside [to dry], it is permitted to snack from them in the place where they were set aside.48 If, however, he took some from the place where they were set aside, he should not snack from them, because the tasks involved [in their preparation] have been completed, even though they have not dried out totally.49
Halacha 18
Halacha 19
When a person separated the first tithe while the produce was still in stalks,52it is forbidden to partake of it until terumat ma'aser is separated from it.53If he partook of it, he is given stripes for rebellious conduct.54
What is meant by partaking of food as a snack? If a person was peeling barley kernels and eating them, he may peel them one by one.55 If he peeled several and held them in his hand, he is required to tithe them.56 If he was crushing the shells of wheat kernels, he may sift the chaff from hand to hand and partake of them.57 If he sifted them into his bosom, he is required to tithe them.58Needless to say, if he sifted them with a utensil, [he is required to tithe them], for this is not a temporary measure.
Similarly, one may take wine and put it into a cold cooked dish in a bowl and partake of it. One may not, by contrast, put it into a pot59 even if it was cold, because it is considered like a small cistern.60 Similarly, one may squeeze olives onto his skin [without tithing],61 but not into his hand. Similar laws apply in all analogous situations.
Halacha 20
Just as it is permitted to partake of produce as a snack when the work [involved in its preparation] has not been completed,62 so too, it is permitted to feed such produce to animals, livestock, and fowl as one desires. Similarly, one may declare as much of this produce ownerless as he desires.63
If he completed those tasks, even when the obligation to tithe was not established,64 he may not declare the produce ownerless, nor may he feed it to livestock, animals, and fowl in a significant manner until he tithes it. It is permitted to feed an animal tevel in an insignificant manner, even in one's home.65 One can feed [an animal] rolls of chilba66 until one bundles them as packages.67
Halacha 21
When a person discovers fruits68 on the road - even if he finds them next to an orchard of that fruit - they are exempt from the tithes.69 When one found dried figs, if most people already crushed their dried figs [into larger masses], he is obligated to tithe [what he found], for we assume that it came from produce for which the work involved in its preparation was completed. Similarly, if he found broken pieces of cakes of dried figs, it should be considered as if they came from produce for which the work involved in its preparation was completed.
Halacha 22
When a person finds sheaves of wheat in a private domain, he is obligated to tithe them.70 [If he finds them] in the public domain, they are exempt.71Larger sheaves are required to be tithed wherever they are found.72
If one finds [bundles of] grain that have been straightened,73 one may separate them as terumah74 and tithes for other produce.75 One need not be concerned [that the owners separated tithes for this produce already].76
[If one finds a] basket [of fruit] that is covered, 77 he is required to tithe it.78 If he finds a basket [of fruit] in a place where most people take it to the marketplace, he is forbidden to snack from it79 and he should make the appropriate separations as if it were demai.80 [In a place where] most people bring it home, he may snack from it and he must certainly make the appropriate separations.81 If half [bring home] and half [bring to the marketplace], it is considered as demai.82 If he brings it home, he must certainly make the appropriate separations.
When does the above apply? With regard to a type of produce that does not have a specific phase at which the tasks associated with its preparation are completed. If, however, the produce does have a phase when the tasks associated with its preparation are completed, even though he must certainly separate tithes, he does not have to separate terumah. For we can assume that terumah was separated when those tasks were completed.
Halacha 23
When there are ant holes that existed overnight next to a pile of grain that is required to be tithed, the kernels found there are required to be tithed. For it is obvious that the ants have been taking from produce that was completely prepared throughout the night.
Halacha 24
When a person finds olives under an olive tree or carobs under a carob tree,83he is required to tithe them, for we assume that they fell from this tree.84If he found figs under a fig tree, there is a doubt whether they fell from this tree or from figs that are already tithed, because their appearance changes and they become soiled with the dust.85
Halacha 25
When a person consecrates produce that has been detached86 and redeems it before the tasks associated with its preparation are completed, one is obligated to tithe it.87 If [these tasks] were completed while [the crops ] were in the domain of the Temple treasury and then he redeemed them, they are exempt from tithes.88 When a person consecrated standing grain for meal offerings, it is exempt from the tithes.89
FOOTNOTES
2.
According to Scriptural Law, there are no restrictions at all on partaking of this produce. Nevertheless, our Sages only allowed one to partake of it as a snack. They, however, did not allow him to partake of it as part of a significant meal (Rashi,Berachot 31a).
3.
The difference between the two instances can be explained as follows: If he intends to sell it, then he will sell it when he meets a purchaser even before taking it to the marketplace. And the produce must be tithed before it is sold. Hence, as soon as the work associated with it is completed, he must tithe it. In contrast, when he intends to bring the produce home, everything is dependent on his own intent. Hence, he is given this leniency [the Jerusalem Talmud (Ma'aserot 1:5)].
The Ra'avad differs with the Rambam's ruling, maintaining that since the Torah mentions grain from the grainheap and wine from the vat, the obligation to tithe these types of produces takes effect when they are in the grainheap and the vat. The Radbaz and the Kessef Mishneh support the Rambam's ruling and it is cited as halachah by the Shulchan Aruch (Yoreh De'ah331:82).
5.
The Ra'avad asks why the Rambam does not mentioning pickling, for that is also cited by the Mishnah (Ma'aserot 4:1). According to the Rambam, that act is including in salting, because he interprets the mishnah as meaning pickling in brine (see his Commentary to the Mishnah). It is, nevertheless, difficult why the mishnah mentions salting and pickling as separate activities. Note, however, Chapter 5, Halachah 14, which could also be interpreted as referring to pickling in vinegar.
7.
A courtyard that is protected (Chapter 4, Halachah 8). Here the intent of mentioning a courtyard is to refer to any dwelling as explained in Chapter 4.
13.
Or even, as indicated in the previous halachah, it is brought into a courtyard that serves the home.
17.
Neither here, nor in his Commentary to the Mishnah (Ma'aserot 2:4), does the Rambam explain why figs are singled out from other fruit. The Radbaz quotes the gloss of Rabbenu Shimshon as stating that the intent is not only figs, but all fruit that is set aside for drying. Even though one's original intent is that the fruit be dried, since it is home and it is in a basket, it may be served at any time. Therefore, it is necessary to tithe it.
18.
Since the fruit was not removed from the branches, it is considered as if the tasks preparing this fruit are not completed.
19.
Since the produce is not their own, their intent in bringing the branches in is not significant.
20.
For the fact that he brings them home indicates that from his perspective, all work has been completed.
22.
In such an instance, the kernels are basically ready to be eaten and bringing them home is considered as collecting them in a grainheap.
23.
For the kernels of legumes are generally not collected to be eaten at this stage of preparation and hence, there is no obligation to tithe.
25.
Feeding one's livestock is considered equivalent to eating a snack. Note, however, Halachah 20 which could qualify this statement (Kessef Mishneh).
26.
Since the work to prepare it for human consumption has not been completed.
The reason for this leniency is that according to Scriptural Law, there is no obligation to tithe until all the tasks associated with the produce are completed and it is brought within a home. Hence since only a Rabbinic prohibition is involved, there is room for leniency.
27.
I.e., he need not feed it to his livestock with its chaff. Moreover, he can perform this activity several times. Different laws apply with regard to humans. They may snack from such produce, but may not partake of a significant amount of it (Siftei Cohen331:114).
28.
I.e., those described in Halachah 3. In particular, the Radbaz asks questions concerning two of those situations: selling the produce and the commencement of the Sabbath. Seemingly, a sale cannot be made without the owner's consent and the Sabbath is not dependent on the other person's activity. The Radbaz explains that with regard to a sale, we are speaking about an instance where afterwards the owner consented to the sale. And with regard to the Sabbath, we are speaking about a situation where the other person completed the work associated with the produce before the Sabbath commenced. Thus when the Sabbath commenced, the produce was fit to be ready to be obligated in the tithes.
29.
For the produce has reached the stage when it is necessary to tithe it. This is not dependent on the owner's intent.
32.
And it alone must be tithed (Radbaz).
The Radbaz and the Kessef Mishneh note that in Halachah 4, the Rambam states that as soon as he rubs the hair off one fruit or vegetable, the entire quantity is required to be tithed, while in this halachah, he states that only those he seeks to use immediately must be tithed. Among the resolutions they offer are:
a) in Halachah 4, the person's intent is to prepare the entire quantity of produce. Therefore, as soon as he begins, that entire quantity must be tithed. Here, he only desires to prepare a limited quantity. Hence, it is only the quantity that he actually prepares that must be tithed.
b) Halachah 4 speaks about an instance when he prepares them in his home, while this halachah speaks about preparing them in the field to bring home.
33.
I.e., this is allowed as an initial preference. The Radbaz explains that although the Rambam mentions only the separation ofterumah, he also means the separation of the tithes, because it is unfeasible to think that terumah should be separated but not the tithes.
35.
From the Rambam's Commentary to the Mishnah (Ma'aserot 1:5), it appears that after reapers would gather fruit, they would cover it with leaves or straw to protect it from the sun.
37.
I.e., it is obvious that the person's intent is not to add other sheathes to the grain heap. Significantly, the Rambam's definition here is slightly different than the definition he gives in his Commentary to the Mishnah (Pe'ah1:6).
38.
For it is common for pebbles to become mixed together with legumes and the legumes are sifted to remove them.
41.
I.e., drink the equivalent of a snack. TheKessef Mishneh states that when one takes the wine before it reaches the storage vat, one may drink from it without tithing even though he removes the peels and seeds.
44.
In his Commentary to the Mishnah (ibid.), the Rambam explains that a basket was made of ropes and olives were placed within. Afterwards, they would press the olives in that basket. The translation of the two terms that follow are also from the same source.
45.
The term "secondary vessel" refers to a utensil in which hot food was placed after it was removed from a fire. The Rambam is referring to the following difficulty. As stated in Halachah 3, subjecting produce to fire establishes an obligation to tithe. Thus as the Rambam states in Chapter 5, Halachah 16, if a person places oil into a pot that is on the fire or just removed from the fire, the obligation to tithe is established. In the instance described in our halachah, that is not the case, because food will not cook in a secondary vessel.
46.
And an obligation to tithe will have been established. The Radbaz explains that this clause is not speaking about a secondary vessel, because a secondary vessel never cooks (Shabbat 40b). Alternatively, the laws of cooking are different with regard to the establishment of an obligation to tithe than with regard to the Sabbath laws or the laws of Kashrut. In this instance, when a secondary vessel is very hot, it can be considered as having cooked.
48.
Since they have not been dried out, it is considered as if the tasks necessary to prepare them have not been completed.
50.
Since he will ultimately do so, until he does so, the tasks associated with their preparation have not been completed.
54.
The punishment given for the violation of Rabbinical commandments or other transgressions that are not punishable by lashes according to Scriptural Law.
56.
For this is considered as if he was partaking of the meal in a significant manner, not merely snacking. Alternatively, because this represents the conclusion of the tasks associated with preparing the grain.
60.
I.e., just as when wine is placed in a cistern, the work involved in its preparation is considered to have been completed, so too, when it is placed in a cooked dish, the work involved in its preparation is considered to be finished.
61.
Applying oil is considered equivalent to eating (Chapter 13, Halachah 16). Nevertheless, such an application is considered as equivalent to merely partaking of a snack.
64.
E.g., he intended to bring the produce home and hence, the obligation to tithe is not established until he does so.
65.
The Ra'avad questions this ruling based on the Jerusalem Talmud (Ma'aserot 1:6) which quotes Rabbi Shimon ben Elazar as stating that once produce is brought into a person's courtyard (i.e., his residence), it cannot be fed to an animal without tithing. The Radbaz explains that according to the Rambam, our Sages differ with Rabbi Shimon ben Elazar on this point and do not require tithing. The rationale is that since the entire obligation to tithe animal fodder is Rabbinic in origin, this obligation was instituted only when the animal was fed a significant amount.
66.
Our translation is based on the Rambam LeAm. Generally, amir is translated as "straw." In this instance, we have facored this translation, because straw is not found for humans.
67.
For this represents the completion of the tasks associated with the preparation of this produce. Although chilba is occasionally used as food for humans, it is primarily considered as animal fodder.
68.
Our translation is based on the Rambam's Commentary to the Mishnah (Ma'aserot3:4). There he explains that the termketzitzot refers to "individual fruits that have been detached from any species of fruit." Often, the term is used to refer to fresh figs.
69.
For we assume that the owners despaired of their return when the fruit fell outside their property. This is considered equivalent to declaring them ownerless. When produce was declared ownerless before the work involved in its preparation was concluded, there is no obligation to tithe.
70.
Taking those sheaves is considered as theft and forbidden (see Hilchot Gezeilah ViAvedah 15:8-10), because the owners will not despair of their recovery. Hence, they are not considered as ownerless and must be tithed. See also Hilchot Terumot 4:11.
71.
Since the owner will have no way of retrieving them, he relinquishes his ownership. And since they were ownerless, there is no obligation to tithe them.
73.
Straightening the surface of the bundle causes the obligation to tithe to be established with regard to it, as stated in Halachah 13. Hence, even if the owner despairs of the recovery of the grain, since the obligation to tithe was established before the produce became ownerless, it is not rescinded.
74.
Based on the Jerusalem Talmud (Ma'aserot3:3), we must assume the intent is terumat ma'aser, for once grain has been moved from its original grainheap, we assume thatterumah was separated.
75.
Although it is forbidden to use produce to separate tithes and terumat ma'aser if these separations have already been made from it, we are not concerned that perhaps that has happened as the Rambam continues to explain.
76.
Even though tithes are required to be separated from it, we assume that the owner would not tithe produce until he brought it to his home.
78.
Here also, once the obligation to tithe has been established, it is not rescinded if the fruit becomes ownerless.
80.
We are uncertain whether or not the owner separated the tithes from it, but we are certain that he separated terumah, as explained in Chapter 9.
81.
Since there is no obligation to separateterumah and the tithes until the produce is brought home, we assume that none of the separations were made.
82.
In this instance, however, he must also separate terumah lest it not have been separated beforehand.
83.
The Radbaz states that this applies not only to olives and carobs, but to any fruit that is recognizable as coming from the tree under which it is found.
84.
Based on Bava Metzia 21b, it appears that we are speaking about olives and carobs that resemble the olives and carobs on the trees. Hence, we assume that they fell from the tree and have not yet been tithed. See also the Rambam's Commentary to the Mishnah (Ma'aserot 3:4). Since the fruit has fallen under the tree and can be recognized as coming from the tree, the owner does not consider them ownerless and taking them is considered as theft.
85.
Thus unlike the olives and carobs mentioned above, it cannot be determined whether they fell from the tree under which they were found. Hence, the owner despairs of their recovery. It is not forbidden to take the fruit and there is no obligation to tithe it. It is, however, necessary to tithe it as one tithesdemai (ibid.).
86.
After it reached the stage that the tithes were required to be separated (see Chapter 2, Halachah 8). This is indicated by the expression "detached produce" (Radbaz).
87.
For at the time the obligation to tithe took effect, the produce was privately owned and not in the possession of the Temple treasury.
88.
For there is no obligation to tithe produce owned by the Temple treasury. The Jerusalem Talmud (Ma'aserot 1:1) teaches that Deuteronomy 12:17 speaks of tithing "your grain." This can be understood as an exclusion, "your grain," i.e., that owned by a private person, and not that owned by the Temple treasury.
89.
The intent is that not only the grain that is used for the meal offerings is not obligated to be tithed, but also the remainder that is not used for that purpose, but is instead, redeemed and used for private purposes. Even so, the person who redeems it is not obligated to tithe it, as explained in the conclusion of ch. 2.
• English Text | Video Class• "Today's Day"
Monday, Adar II 18, 5776 · 28 Monday 2016
Thursday Adar Sheini 18 5703
Torah lessons: Chumash: Tzav, Chamishi with Rashi.
Tehillim: 88-89.
Tanya: For the community (p. 173)...Yetzirah, Asiyah. (p. 173).
My grandfather wrote in one of his maamarim: It is necessary to study some of the Written Torah daily with Rashi, for his commentaries are the t'rumot - the select - of the interpretations of our Sages.
...and at the very least everyone must study a tractate of Talmud each year.
• Daily Thought:
Simple Advice
Ask advice from those with experience. They will provide you cheaply that which they acquired with great expense.
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