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. (ii) 17 The grain offering was presented; he took a handful of it and made it go up in smoke on the altar, in addition to the morning’s burnt offering. 18 He slaughtered the ox and the ram, the people’s sacrifice as peace offerings; Aharon’s sons brought him the blood, which he splashed against all sides of the altar, 19 and the fat of the ox and of the ram — the fat tail, the fat which covers the inner organs, the kidneys and the covering of the liver. 20 They put the fat on the breasts, and he made the fat go up in smoke on the altar. 21 The breasts and right thigh Aharon waved as a wave offering before Adonai, as Moshe had ordered.
22 Aharon raised his hands toward the people, blessed them and came down from offering the sin offering, the burnt offering and the peace offerings. 23 Moshe and Aharon entered the tent of meeting, came out and blessed the people. Then the glory of Adonai appeared to all the people! (iii) 24 Fire came forth from the presence of Adonai, consuming the burnt offering and the fat on the altar. When all the people saw it, they shouted and fell on their faces.
10:1 But Nadav and Avihu, sons of Aharon, each took his censer, put fire in it, laid incense on it, and offered unauthorized fire before Adonai, something he had not ordered them to do. 2 At this, fire came forth from the presence of Adonai and consumed them, so that they died in the presence of Adonai. 3 Moshe said to Aharon, “This is what Adonai said:
‘Through those who are near me I will be consecrated,
and before all the people I will be glorified.’”
Aharon kept silent.
4 Moshe called Misha’el and Eltzafan, sons of ‘Uzi’el Aharon’s uncle, and told them, “Come here, and carry your cousins away from in front of the sanctuary to a place outside the camp.” 5 They approached and carried them in their tunics out of the camp, as Moshe had said.
6 Then Moshe told Aharon and his sons El‘azar and Itamar, “Don’t unbind your hair or tear your clothes in mourning, so that you won’t die and so that Adonai won’t be angry with the entire community. Rather, let your kinsmen — the whole house of Isra’el — mourn, because of the destruction Adonai brought about with his fire. 7 Moreover, don’t leave the entrance to the tent of meeting, or you will die, because Adonai’s anointing oil is on you.”
8 Adonai said to Aharon, 9 “Don’t drink any wine or other intoxicating liquor, neither you nor your sons with you, when you enter the tent of meeting, so that you will not die. This is to be a permanent regulation through all your generations, 10 so that you will distinguish between the holy and the common, and between the unclean and the clean; 11 and so that you will teach the people of Isra’el all the laws Adonai has told them through Moshe.”
(iv) 12 Moshe said to Aharon and to El‘azar and Itamar, his remaining sons, “Take the grain offering left from the offerings for Adonai made by fire, and eat it without leaven next to the altar, because it is especially holy. 13 Eat it in a holy place, because it is your and your sons’ share of the offerings for Adonai made by fire; for this is what I have been ordered. 14 The breast that was waved and the thigh that was raised you are to eat in a clean place — you, your sons and your daughters with you; for these are given as your and your children’s share of the sacrifices of the peace offerings presented by the people of Isra’el. 15 They are to bring the raised thigh and the waved breast, along with the offerings of fat made by fire, and wave it as a wave offering before Adonai; then it will belong to you and your descendants with you as your perpetual share, as Adonai has ordered.”
(v) 16 Then Moshe carefully investigated what had happened to the goat of the sin offering and discovered that it had been burned up. He became angry with El‘azar and Itamar, the remaining sons of Aharon, and asked, 17 “Why didn’t you eat the sin offering in the area of the sanctuary, since it is especially holy? He gave it to you to take away the guilt of the community, to make atonement for them before Adonai. 18 Look! Its blood wasn’t brought into the sanctuary! You should have eaten it there in the sanctuary, as I ordered.” 19 Aharon answered Moshe, “Even though they offered their sin offering and burnt offering today, things like these have happened to me! If I had eaten the sin offering today, would it have pleased Adonai?” 20 On hearing this reply, Moshe was satisfied.
11:1 (vi) Adonai said to Moshe and Aharon, 2 “Tell the people of Isra’el, ‘These are the living creatures which you may eat among all the land animals: 3 any that has a separate hoof which is completely divided and chews the cud — these animals you may eat. 4-6 But you are not to eat those that only chew the cud or only have a separate hoof. For example, the camel, the coney and the hare are unclean for you, because they chew the cud but don’t have a separate hoof; 7 while the pig is unclean for you, because, although it has a separate and completely divided hoof, it doesn’t chew the cud. 8 You are not to eat meat from these or touch their carcasses; they are unclean for you.
9 “‘Of all the things that live in the water, you may eat these: anything in the water that has fins and scales, whether in seas or in rivers — these you may eat. 10 But everything in the seas and rivers without both fins and scales, of all the small water-creatures and of all the living creatures in the water, is a detestable thing for you. 11 Yes, these will be detestable for you — you are not to eat their meat, and you are to detest their carcasses. 12 Whatever lacks fins and scales in the water is a detestable thing for you.
13 “‘The following creatures of the air are to be detestable for you — they are not to be eaten, they are a detestable thing: the eagle, the vulture, the osprey, 14 the kite, the various kinds of buzzards, 15 the various kinds of ravens, 16 the ostrich, the screech-owl, the seagull, the various kinds of hawks, 17 the little owl, the cormorant, the great owl, 18 the horned owl, the pelican, the barn owl, 19 the stork, the various kinds of herons, the hoopoe and the bat.
20 “‘All winged swarming creatures that go on all fours are a detestable thing for you; 21 except that of all winged swarming creatures that go on all fours, you may eat those that have jointed legs above their feet, enabling them to jump off the ground. 22 Specifically, of these you may eat the various kinds of locusts, grasshoppers, katydids and crickets. 23 But other than that, all winged swarming creatures having four feet are a detestable thing for you.
24 “‘The following will make you unclean; whoever touches the carcass of them will be unclean until evening, 25 and whoever picks up any part of their carcass is to wash his clothes and be unclean until evening: 26 every animal that has a separate but incompletely divided hoof or that doesn’t chew the cud is unclean for you; anyone who touches them will become unclean. 27 Whatever goes on its paws, among all animals that go on all fours, is unclean for you; whoever touches its carcass will be unclean until evening; 28 and whoever picks up its carcass is to wash his clothes and be unclean until evening — these are unclean for you.
29 “‘The following are unclean for you among the small creatures that swarm on the ground: the weasel, the mouse, the various kinds of lizards, 30 the gecko, the land crocodile, the skink, the sand-lizard and the chameleon. 31 They are unclean crawling creatures; whoever touches them when they are dead will be unclean until evening. 32 Anything on which one of them falls when dead will become unclean — wooden utensil, article of clothing, leather, sacking — any utensil used for work; it must be put in water, and it will be unclean until evening; then it will be clean. (vii) 33 If one of them falls into a clay pot, whatever is in it will become unclean, and you are to break the pot. 34 Any food permitted to be eaten that water from such a vessel gets on will become unclean, and any permitted liquid in such a vessel will become unclean. 35 Everything on which any carcass-part of theirs falls will become unclean, whether oven or stove; it is to be broken in pieces — they are unclean and will be unclean for you; 36 although a spring or cistern for collecting water remains clean. But anyone who touches one of their carcasses will become unclean. 37 If any carcass-part of theirs falls on any kind of seed to be sown, it is clean; 38 but if water is put on the seed and a carcass-part of theirs falls on it, it is unclean for you.
39 “‘If an animal of a kind that you are permitted to eat dies, whoever touches its carcass will be unclean until evening. 40 A person who eats meat from its carcass or carries its carcass is to wash his clothes; he will be unclean until evening.
41 “‘Any creature that swarms on the ground is a detestable thing; it is not to be eaten — 42 whatever moves on its stomach, goes on all fours, or has many legs — all creatures that swarm on the ground; you are not to eat them, because they are a detestable thing. 43 You are not to make yourselves detestable with any of these swarming, crawling creatures; do not make yourselves unclean with them, do not defile yourselves with them. 44 For I am Adonai your God; therefore, consecrate yourselves and be holy, for I am holy; and do not defile yourselves with any kind of swarming creature that moves along the ground. (Maftir) 45 For I am Adonai, who brought you up out of the land of Egypt to be your God. Therefore you are to be holy, because I am holy.
46 “‘Such, then, is the law concerning animals, flying creatures, all living creatures that move about in the water, and all creatures that swarm on the ground. 47 Its purpose is to distinguish between the unclean and the clean, and between the creatures that may be eaten and those that may not be eaten.’”
Parshas Parah: Numbers 19:1 Adonai said to Moshe and Aharon, 2 “This is the regulation from the Torah which Adonai has commanded. Tell the people of Isra’el to bring you a young red female cow without fault or defect and which has never borne a yoke. 3 You are to give it to El‘azar the cohen; it is to be brought outside the camp and slaughtered in front of him. 4 El‘azar the cohen is to take some of its blood with his finger and sprinkle this blood toward the front of the tent of meeting seven times. 5 The heifer is to be burned to ashes before his eyes — its skin, meat, blood and dung is to be burned to ashes. 6 The cohen is to take cedar-wood, hyssop and scarlet yarn and throw them onto the heifer as it is burning up. 7 Then the cohen is to wash his clothes and himself in water, after which he may re-enter the camp; but the cohen will remain unclean until evening. 8 The person who burned up the heifer is to wash his clothes and himself in water, but he will remain unclean until evening. 9 A man who is clean is to collect the ashes of the heifer and store them outside the camp in a clean place. They are to be kept for the community of the people of Isra’el to prepare water for purification from sin. 10 The one who collected the ashes of the heifer is to wash his clothes and be unclean until evening. For the people of Isra’el and for the foreigner staying with them this will be a permanent regulation.
11 “Anyone who touches a corpse, no matter whose dead body it is, will be unclean for seven days. 12 He must purify himself with [these ashes] on the third and seventh days; then he will be clean. But if he does not purify himself the third and seventh days, he will not be clean. 13 Anyone who touches a corpse, no matter whose dead body it is, and does not purify himself has defiled the tabernacle of Adonai. That person will be cut off from Isra’el, because the water for purification was not sprinkled on him. He will be unclean; his uncleanness is still on him.
14 “This is the law: when a person dies in a tent, everyone who enters the tent and everything in the tent will be unclean for seven days. 15 Every open container without a cover closely attached is unclean. 16 Also whoever is in an open field and touches a corpse, whether of someone killed by a weapon or of someone who died naturally, or the bone of a person, or a grave, will be unclean for seven days.
17 “For the unclean person they are to take some of the ashes of the animal burned up as a purification from sin and add them to fresh water in a container. (LY: ii) 18 A clean person is to take a bunch of hyssop leaves, dip it in the water and sprinkle it on the tent, on all the containers, on the people who were there, and on the person who touched the bone or the person killed or the one who died naturally or the grave. 19 The clean person will sprinkle the unclean person on the third and seventh days. On the seventh day he will purify him; then he will wash his clothes and himself in water; and he will be clean at evening. 20 The person who remains unclean and does not purify himself will be cut off from the community because he has defiled the sanctuary of Adonai. The water for purification has not been sprinkled on him; he is unclean. 21 This is to be a permanent regulation for them. The person who sprinkles the water for purification is to wash his clothes. Whoever touches the water for purification will be unclean until evening. 22 Anything the unclean person touches will be unclean, and anyone who touches him will be unclean until evening.”
Parah: Ezekiel 36:16 The word of Adonai came to me: 17 “Human being, when the house of Isra’el lived in their own land, they defiled it by their manner of life and their actions; their way before me was like the uncleanness of niddah. 18 Therefore I poured out my fury on them, because of the blood they had shed in the land and because they defiled it with their idols. 19 I scattered them among the nations and dispersed them throughout the countries; I judged them in keeping with their manner of life and actions. 20 When they came to the nations they were going to, they profaned my holy name; so that people said of them, ‘These are Adonai’s people, who have been exiled from his land.’ 21 But I am concerned about my holy name, which the house of Isra’el is profaning among the nations where they have gone.
22 “Therefore tell the house of Isra’el that Adonai Elohim says this: ‘I am not going to do this for your sake, house of Isra’el, but for the sake of my holy name, which you have been profaning among the nations where you went. 23 I will set apart my great name to be regarded as holy, since it has been profaned in the nations — you profaned it among them. The nations will know that I am Adonai,’ says Adonai Elohim, ‘when, before their eyes, I am set apart through you to be regarded as holy.
24 For I will take you from among the nations,
gather you from all the countries,
and return you to your own soil.
25 Then I will sprinkle clean water on you,
and you will be clean;
I will cleanse you from all your uncleanness
and from all your idols.
26 I will give you a new heart
and put a new spirit inside you;
I will take the stony heart out of your flesh
and give you a heart of flesh.
27 I will put my Spirit inside you
and cause you to live by my laws,
respect my rulings and obey them.
28 You will live in the land I gave to your ancestors.
You will be my people,
and I will be your God.
29 I will save you from all your uncleanliness.
I will summon the grain and increase it,
and not send famine against you.
30 I will multiply the yield of fruit from the trees
and increase production in the fields,
so that you never again suffer the reproach
of famine among the nations.
31 Then you will remember your evil ways
and your actions that were not good;
as you look at yourselves, you will loathe yourselves
for your guilt and disgusting practices.
32 Understand,’ says Adonai Elohim,
‘that I am not doing this for your sake.
Instead, be ashamed and dismayed for your ways,
house of Isra’el.’
33 “Adonai Elohim says, ‘When the day comes for me to cleanse you from all your guilt, I will cause the cities to be inhabited and the ruins to be rebuilt. 34 The land that was desolate will be tilled, whereas formerly it lay desolate for all passing by to see. 35 Then they will say, “The land that used to be desolate has become like Gan-‘Eden, and the cities formerly ruined, abandoned and wasted have been fortified and are inhabited!” 36 Then the nations around you that remain will know that I, Adonai, have rebuilt the ruins and replanted what was abandoned. I, Adonai, have spoken; and I will do it.’
Today in Jewish History:Mishkan assembled; 7 "days of training" (1312 BCE)
The Children of Israel began building the "Mishkan" (also called the "Tabernacle"--a portable sanctuary to house the Divine presence in their midst as they journeyed through the desert) on the 11th of Tishrei of the year 2449 from creation (1312 BCE) -- six months after their Exodus from Egypt, four months after the revelation at Sinai, and 80 days after their worship of the Golden Calf. The construction of the Mishkan, which followed a detailed set of instructions issued to Moses on Mount Sinai, lasted 74 days, and was completed on the 25th of Kislev; but the Divine command to erect the edifice came only three months later, on the 23rd of Adar, when Moses was instructed to begin a 7-day "training period."
During the week of Adar 23-29, the Mishkan was erected each morning and dismantled each evening; Moses served as the High Priest and initiated Aaronand his four sons into the priesthood. Then, on the "eighth day" -- the 1st of Nissan-- the Mishkan was "permanently" assembled (that is, put up to stand until the Divine command would come to journey on), Aaron and his sons assumed the priesthood, and the divine presence came to dwell in the Mishkan.
Links:
Parshah Terumah (detailed description of Mishkan with commentary)
Why It's Frustrating Having a Brain
More on the Mishkan
Passing of 1st Rebbe of Ger (1866)
Chassidic Rabbi Yitzchak Meir Altar (1799-1866), author of Chiddushei Harim (a commentary on the Talmud and Shulchan Aruch), was a disciple of the Maggid of Koshnitz and Rabbi Simcha Bunim of Peshischa, and the founder of the "Ger" (Gerer) Chassidic dynasty. All his 13 sons had died in his lifetime, and he was succeeded (in 1870) by his young grandson, Rabbi Yehudah Leib Alter (the "Sefat Emmet").
Today's Laws and Customs
Parshat Parah
The Torah reading of Parah (Numbers 19) is added to the weekly reading. Parah details the laws of the "Red Heifer" and the process by which a person rendered ritually impure by contact with a dead body was purified.
(When the Holy Temple stood in Jerusalem, every Jew had to be in a state of ritual purity in time for the bringing of the Passover offering in the Temple. Today, though we're unable to fulfill the Temple-related rituals in practice, we fulfill them spiritually by studying their laws in the Torah. Thus, we study and read the section of Parah in preparation for the upcoming festival of Passover.)
Links: The Parah reading w commentary
The Calf's Mother
Bless New Month
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Nissan, which occurs next Shabbat.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon. Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms);The Farbrengen
Daily Study:
Chumash with Rashi
Parshat Shemini, 7th Portion (Leviticus 11:33-11:47)Leviticus Chapter 11
33But any earthenware vessel, into whose interior any of them falls, whatever is inside it shall become unclean, and you shall break [the vessel] itself. לגוְכָ֨ל־כְּלִי־חֶ֔רֶשׂ אֲשֶׁר־יִפֹּ֥ל מֵהֶ֖ם אֶל־תּוֹכ֑וֹ כֹּ֣ל אֲשֶׁ֧ר בְּתוֹכ֛וֹ יִטְמָ֖א וְאֹת֥וֹ תִשְׁבֹּֽרוּ:
into whose interior: An earthenware vessel becomes unclean only through [the defiling item entering] its inner space [even if it does not touch the vessel wall. If it touches the outer wall, however, the vessel does not become unclean]. — [Chul. 24b] אל תוכו: אין כלי חרס מיטמא אלא מאוירו:
whatever is inside it becomes unclean: The vessel in turn defiles whatever is in its inner space (other editions: in its interior). כל אשר בתוכו יטמא: הכלי חוזר ומטמא מה שבאוירו:
and you shall break [the vessel] itself: This teaches us that it [an earthenware vessel] cannot be purified in a mikvah. [Consequently, if you wish to use it, you must break it so that it cannot be used for its original use.]- [Torath Kohanim 11:132] ואתו תשבורו: למד שאין לו טהרה במקוה:
34Of any food that is [usually] eaten, upon which water comes will become unclean, and any beverage that is [usually] drunk, which is in any vessel, shall become unclean. לדמִכָּל־הָאֹ֜כֶל אֲשֶׁ֣ר יֵֽאָכֵ֗ל אֲשֶׁ֨ר יָב֥וֹא עָלָ֛יו מַ֖יִם יִטְמָ֑א וְכָל־מַשְׁקֶה֙ אֲשֶׁ֣ר יִשָּׁתֶ֔ה בְּכָל־כְּלִ֖י יִטְמָֽא:
Of any food that is [usually] eaten: This refers back to the preceding verse, [as if to say]: whatever is inside it shall become unclean… of any food that is [usually] eaten, upon which water comes-if it is inside an unclean earthenware vessel-will become unclean. Likewise, any liquid that is [usually] drunk, in any vessel, meaning that it is in the inner space of an unclean earthenware vessel, will become unclean. From here we learn many things. We learn that food becomes predisposed and prepared to contract uncleanness only if water had, at one time, come upon it. And once water has come upon it, the food can contract uncleanness forever, even if it is dry. Wine, oil, and whatever is called a beverage (מַשְׁקֶה) predisposes seeds to receive uncleanness, just as water [does] (Torath Kohanim 11:135). [The liquids that fall under the category of מַשְׁקֶה are: water, dew, oil, wine, milk, blood, and bee-honey.] For our verse [here] is to be expounded as follows: “upon which water comes will become unclean, or any beverage that is [usually] drunk, which is in any vessel, it shall become unclean.” [I.e.] the food [will become unclean]. Our rabbis also learned from this verse that an item with a secondary degree of uncleanness does not defile vessels, for we learned (Shab. 138b): One might think that all vessels would become defiled [when they enter] the inner space of an [unclean] earthenware vessel; Scripture, therefore, says (verses 3334): כֹּל אֲשֶׁר בְּתוֹכוֹ יִטְמָא [lit., “anything inside it becomes unclean]… מִכָּל הָאֹכֶל [lit., of any food]”; i.e., food and liquid are defiled by the inner space of an [unclean] earthenware vessel, but [other] vessels do not become defiled by the inner space of an [unclean] earthenware vessel. Because a שֶׁרֶץ is a primary source of uncleanness (אָב הַטֻּמְאָה), and the vessel that becomes defiled by it is a secondary source of uncleanness (וְלָד הַטֻּמְאָה). Consequently, it does not in turn defile [other] vessels contained within it. We also learned [from this verse] that if a שֶׁרֶץ fell into the inner space of an [earthenware] oven that contained bread, and the שֶׁרֶץ did not touch the bread, the oven becomes [defiled with] first degree [uncleanness], while the bread is [defiled with] second degree [uncleanness. In this case,] we do not say that the oven is perceived as though it were “filled with uncleanness,” so that the bread contained within becomes [defiled as well with] first degree [uncleanness], for if we were to say so, no vessel would be excluded from becoming defiled by the inner space of an earthenware vessel since uncleanness itself has directly touched the surface of this second vessel (Shab. 138b). We also learned [from this verse] about the contact of water [with food]-that this predisposes seeds [to receive uncleanness] only if the water wetted the seeds after they had been detached from the earth. For, if one were to say that they become predisposed [to contract uncleanness] while still attached [to the ground], there is [no food produce] upon which no water has come [at one time or another]. In that case, why would [Scripture] tell us: “upon which water comes”? [It must therefore mean: after it has been detached from the earth] (Torath Kohanim 11:150). We also learned [from this verse] that [unclean] food will defile other items only if the food has a [minimum] volume equal to a [hen’s] egg, as it is said, “[Any food] that is [usually] eaten,” meaning: [the amount of] food that can be eaten at one time. And our Sages estimated that the pharynx cannot hold more than [the volume of] a hen’s egg" (Yoma 80a). מכל האכל אשר יאכל: מוסב על מקרא העליון, כל אשר בתוכו יטמא, מכל האוכל אשר יאכל אשר יבא עליו מים והוא בתוך כלי חרס הטמא, יטמא. וכן כל משקה אשר ישתה בכל כלי, והוא בתוך כלי חרס הטמא, יטמא. למדנו מכאן דברים הרבה למדנו שאין אוכל מוכשר ומתוקן לקבל טומאה עד שיבאו עליו מים פעם אחת, ומשבאו עליו מים פעם אחת מקבל טומאה לעולם ואפילו נגוב. והיין והשמן וכל הנקרא משקה מכשיר זרעים לטומאה כמים. שכך יש לדרוש המקרא אשר יבא עליו מים או כל משקה אשר ישתה בכל כלי יטמא האוכל. ועוד למדו רבותינו מכאן, שאין ולד הטומאה מטמא כלים, שכך שנינו יכול יהיו כל הכלים מיטמאין מאויר כלי חרס, תלמוד לומר כל אשר בתוכו יטמא מכל האוכל, אוכל מיטמא מאויר כלי חרס, ואין כל הכלים מיטמאין מאויר כלי חרס, לפי שהשרץ אב הטומאה והכלי, שנטמא ממנו, ולד הטומאה, לפיכך אינו חוזר ומטמא כלים שבתוכו. ולמדנו עוד, שהשרץ שנפל לאויר תנור והפת בתוכו, ולא נגע השרץ בפת, התנור ראשון והפת שנייה. ולא נאמר רואין את התנור כאלו מלא טומאה ותהא הפת תחלה, שאם אתה אומר כן לא נתמעטו כל הכלים מלהטמא מאויר כלי חרס, שהרי טומאה עצמה נגעה בהן מגבן. ולמדנו עוד על ביאת מים, שאינה מכשרת זרעים אלא אם כן נפלו עליהן משנתלשו, שאם אתה אומר מקבלין הכשר במחובר, אין לך שלא באו עליו מים, ומהו אומר אשר יבוא עליו מים, משנתלשו. ולמדנו עוד שאין אוכל מטמא אחרים אלא אם כן יש בו כביצה, שנאמר אשר יאכל, אוכל הנאכל בבת אחת, ושיערו חכמים אין בית הבליעה מחזיק יותר מביצת תרנגולת:
35And anything upon which any of their carcasses of these [animals] fall, will become unclean. [Thus,] an oven or stove shall be demolished; they are unclean, and, they shall be unclean for you. להוְכֹ֠ל אֲשֶׁר־יִפֹּ֨ל מִנִּבְלָתָ֥ם | עָלָיו֘ יִטְמָא֒ תַּנּ֧וּר וְכִירַ֛יִם יֻתָּ֖ץ טְמֵאִ֣ים הֵ֑ם וּטְמֵאִ֖ים יִֽהְי֥וּ לָכֶֽם:
oven or stove: They are movable objects, made of earthenware, and they have a hollow inside [i.e., an inner space]; and one places the pot over the opening of the cavity. Both have their openings on the top [rather than on the side. See Shab. 38b.] תנור וכירים: כלים המטלטלין הם, והם של חרס ויש להן תוך, ושופת את הקדרה על נקב החלל ושניהם פיהם למעלה:
shall be demolished: Because an earthenware vessel cannot be purified by immersion [in a mikvah]. יתץ: שאין לכלי חרס טהרה בטבילה:
and they shall be unclean for you: Lest you say, “I am commanded to demolish them,” Scripture says, “they shall be unclean for you” [meaning that] if you wish to keep them in their unclean state, you are permitted [to do so]. — [Torath Kohanim 11:142] וטמאים יהיו לכם: שלא תאמר מצווה אני לנותצם, תלמוד לומר וטמאים יהיו לכם, אם רצה לקיימן בטומאתן רשאי:
36But a spring or a cistern, a gathering of water remains clean. However, one who touches their carcass shall become unclean. לואַ֣ךְ מַעְיָ֥ן וּב֛וֹר מִקְוֵה־מַ֖יִם יִֽהְיֶ֣ה טָה֑וֹר וְנֹגֵ֥עַ בְּנִבְלָתָ֖ם יִטְמָֽא:
But a spring or a cistern, a gathering of water: which are attached to the ground, do not contract uncleanness. We also learn from the phrase יִהְיֶה טָהוֹר [lit., “he will be clean”] that anyone who immerses in these [collections of water] “will become clean” from his uncleanness. — [see Pes. 16a] אך מעין ובור מקוה מים: המחוברים לקרקע, אין מקבלין טומאה. ועוד יש לך ללמוד יהיה טהור הטובל בהם מטומאתו:
However, one who touches their carcass shall become unclean: If someone touches the uncleanness [of their carcasses] even while he is inside a spring or a cistern, he becomes unclean. Lest you say, [It can be derived from a] kal vachomer : “If [these collections of water] purify defiled [people] from their uncleanness, how much more so should they prevent a clean [person standing inside them] from becoming defiled!” Therefore, [Scripture] says, “ one who touches their carcass shall become unclean.” - [Torath Kohanim 11:146] ונוגע בנבלתם יטמא: אפילו הוא בתוך מעין ובור ונוגע בנבלתם יטמא, שלא תאמר קל וחומר אם מטהר את הטמאים מטומאתם, קל וחומר שיציל את הטהור מליטמא, לכך נאמר ונוגע בנבלתם יטמא:
37And if of their carcass falls upon any sowing seed which is to be sown, it remains clean. לזוְכִ֤י יִפֹּל֙ מִנִּבְלָתָ֔ם עַל־כָּל־זֶ֥רַע זֵר֖וּעַ אֲשֶׁ֣ר יִזָּרֵ֑עַ טָה֖וֹר הֽוּא:
a sowing seed which is to be sown: [This refers to] the sowing of [various] kinds of seeds (זֵרוּעַ). [The word] זֵרוּעַ [lit., “something which is planted,”] is a noun, as in the verse, “and let them give us some pulse (הַזֵּרֹעִים) ” (Dan. 1:12). זרע זרוע: זריעה של מיני זרעונין. זרוע שם דבר הוא, כמו (דניאל א יב) ויתנו לנו מן הזרועים:
it remains clean: Scripture teaches you that it is not predisposed and prepared to be regarded as “food [fit] to receive uncleanness” until water has come upon it. טהור הוא: למדך הכתוב שלא הוכשר ונתקן לקרות אוכל לקבל טומאה, עד שיבואו עליו מים:
38But if water is put upon seeds, and any of their carcass falls on them, they are unclean for you. לחוְכִ֤י יֻתַּן־מַ֨יִם֙ עַל־זֶ֔רַע וְנָפַ֥ל מִנִּבְלָתָ֖ם עָלָ֑יו טָמֵ֥א ה֖וּא לָכֶֽם:
But if water is put upon seeds: after they have been detached [from the ground]. For if you say that [produce] attached [to the ground] can become predisposed [to receive uncleanness], then there would be no seed that would remain unprepared [to receive uncleanness, since all plants are watered]. — [Chul. 118b] וכי יתן מים על זרע: לאחר שנתלש, שאם תאמר יש הכשר במחובר, אין לך זרע שלא הוכשר:
water…upon seeds: [The law applies] both to water and to other beverages, whether they fell on the seed or the seed fell into them. All this is expounded on in Torath Kohanim (11:151, 152). מים על זרע: בין מים בין שאר משקין, בין נפלו הם על הזרע, בין הזרע נפל לתוכן, הכל נדרש בתורת כהנים:
and any of their carcass falls on them: even if they have dried, for the Torah was particular only it should be regarded as “food,” then as soon as it has become predisposed to contract uncleanness once [by becoming wet], this predisposition can never be removed from it. ונפל מנבלתם עליו: אף משנגב מן המים, שלא הקפידה תורה אלא להיות עליו שם אוכל, ומשירד עליו הכשר קבלת טומאה פעם אחת, שוב אינו נעקר הימנו:
39If an animal that you [normally] eat, dies, one who touches its carcass shall be unclean until evening. לטוְכִ֤י יָמוּת֙ מִן־הַבְּהֵמָ֔ה אֲשֶׁר־הִ֥יא לָכֶ֖ם לְאָכְלָ֑ה הַנֹּגֵ֥עַ בְּנִבְלָתָ֖הּ יִטְמָ֥א עַד־הָעָֽרֶב:
[one who touches] its carcass: [but] not its bones or its sinews, nor its horns, hooves or hide [unless they are attached to the carcass]. — [Torath Kohanim 11:159] בנבלתה: ולא בעצמות וגידים ולא בקרנים וטלפים ולא בעור:
40And one who eats of its carcass shall immerse his garments, and he shall be unclean until evening. And one who carries its carcass shall immerse his garments, and he shall be unclean until evening. מוְהָֽאֹכֵל֙ מִנִּבְלָתָ֔הּ יְכַבֵּ֥ס בְּגָדָ֖יו וְטָמֵ֥א עַד־הָעָ֑רֶב וְהַנֹּשֵׂא֙ אֶת־נִבְלָתָ֔הּ יְכַבֵּ֥ס בְּגָדָ֖יו וְטָמֵ֥א עַד־הָעָֽרֶב:
And one who carries its carcass: טֻמְאַת מַשָּׂא [uncleanness resulting from lifting up an unclean item, even without touching it, e.g., by lifting it up with a stick,] is more stringent than טֻמְאַת מַגָּע [uncleanness resulting from touching an unclean item], for one who lifts [a carcass, in addition to becoming unclean himself, also] defiles his garments, but one who [merely] touches it does not defile his garments, for regarding him it does not say, “he shall immerse his garments.” והנשא את נבלתה: חמורה טומאת משא מטומאת מגע, שהנושא מטמא בגדים, והנוגע אין בגדיו טמאין, שלא נאמר בו יכבס בגדיו:
And one who eats of its carcass: One might think that his eating renders him unclean. However, when [Scripture] says, regarding the carcass of a clean bird, “He shall not eat carrion or one stricken by a fatal disease or injury, to be defiled through it” (Lev. 22:8), [the seemingly superfluous word] בָהּ [“through it,” is explained as follows]: One defiles his garments “through it,” [i.e.,] through eating it, but the carcass of an animal does not defile if one eats it without lifting it up. For example, if someone else forced it down his pharynx. If so, why does it say, “And one who eats [of its carcass]”? To specify the [minimum] volume [needed to render someone unclean] through his touching or lifting up [an unclean carcass], namely, the volume that one [normally] eats [at a time], namely, the size of an olive," [half the volume of a hen’s egg] (Torath Kohanim 11:16). [One should note that, for food to defile other items, it must have a minimum volume possibly edible at one time, namely, equal to that of a hen’s egg. See Rashi on Lev. 11:34]. והאכל מנבלתה: יכול תטמאנו אכילתו, כשהוא אומר בנבלת עוף טהור (ויקרא כב ח) נבלה וטרפה לא יאכל לטמאה בה, אותה מטמאה בגדים באכילתה, ואין נבלת בהמה מטמאה בגדים באכילתה בלא משא, כגון אם תחבה לו חבירו בבית הבליעה, אם כן מה תלמוד לומר האוכל, ליתן שיעור לנושא ולנוגע כדי אכילה והוא כזית:
and he shall be unclean until evening: Even though he has already immersed himself, he requires sunset [in order to be completely clean]. וטמא עד הערב: אף על פי שטבל צריך הערב שמש:
41And any creeping creature that creeps on the ground is an abomination; it shall not be eaten. מאוְכָל־הַשֶּׁ֖רֶץ הַשֹּׁרֵ֣ץ עַל־הָאָ֑רֶץ שֶׁ֥קֶץ ה֖וּא לֹ֥א יֵֽאָכֵֽל:
that creeps on the ground: This comes to exclude mites founds in chickpeas and in beans, and the pea-beetles found in lentils, since they did not creep on the ground but within the food [which was already detached from the ground]. However, when they exit into the air and creep, they become prohibited [because they fall into the category of שֶׁרֶץ, those that “creep on the ground”]. — [Torath Kohanim 11:161] השרץ על הארץ: להוציא את היתושין שבכליסין ושבפולין ואת הזיזין שבעדשים, שהרי לא שרצו על הארץ אלא בתוך האוכל, אבל משיצאו לאויר ושרצו הרי נאסרו:
it shall not be eaten: [This phrase comes] to render guilty someone who feeds a person [with the flesh of a creeping animal] just as if he would have eaten it [himself] (Torath Kohanim 11:162). A שֶׁרֶץ means a low, short-legged creature, which appears [in its motion] only as if slithering and moving. לא יאכל: לחייב על המאכיל כאוכל. ואין קרוי שרץ אלא דבר נמוך קצר רגלים, שאינו נראה אלא כרוחש ונד:
42Any [creature] that goes on its belly, and any [creature] that walks on four [legs] to any [creature] that has many legs, among all creeping creatures that creep on the ground, you shall not eat, for they are an abomination. מבכֹּל֩ הוֹלֵ֨ךְ עַל־גָּח֜וֹן וְכֹ֣ל | הוֹלֵ֣ךְ עַל־אַרְבַּ֗ע עַ֚ד כָּל־מַרְבֵּ֣ה רַגְלַ֔יִם לְכָל־הַשֶּׁ֖רֶץ הַשֹּׁרֵ֣ץ עַל־הָאָ֑רֶץ לֹ֥א תֹֽאכְל֖וּם כִּי־שֶׁ֥קֶץ הֵֽם:
that goes on its belly: This is the snake (Torath Kohanim 11:163). The word גָּחוֹן denotes “bending low” [and it is used to describe the snake] because it moves while bent a prostrated posture, prostrated on its belly. הולך על גחון: זה נחש, ולשון גחון שחייה, שהולך שח ונופל על מעיו:
Any [creature] that goes: [This comes] to include earthworms and what resembles those that resemble them [i.e., that have tiny legs, but nevertheless slither like a worm on their bellies]. — [Torath Kohanim 11:163] כל הולך: להביא השלשולין ואת הדומה לדומה:
that walks on four [legs]: This [refers to] a scorpion. — [Torath Kohanim 11:163] הולך על ארבע: זה עקרב:
any [creature]: [This word comes] to include the beetle, called escarbot in French, and what resembles those that resemble them. — [Torath Kohanim 11:163] כל: להביא את החפושית אישקרבו"ט בלע"ז [חיפושית] ואת הדומה לדומה:
any [creature] that has many legs: This is the centipede, a creature with legs from its head to its tail, on either side, called centipede [in French]. — [Torath Kohanim 11:163] מרבה רגלים: זה נדל שרץ שיש לו רגלים מראשו ועד זנבו לכאן ולכאן, וקורין ציינפיי"ש [נדל]:
43You shall not make yourselves abominable with any creeping creature that creeps, and you shall not defile yourselves with them, that you should become unclean through them. מגאַל־תְּשַׁקְּצוּ֙ אֶת־נַפְשֹׁ֣תֵיכֶ֔ם בְּכָל־הַשֶּׁ֖רֶץ הַשֹּׁרֵ֑ץ וְלֹ֤א תִטַּמְּאוּ֙ בָּהֶ֔ם וְנִטְמֵתֶ֖ם בָּֽם:
You shall not make [yourselves] abominable: By eating them, for it says: נַפְשֹׁתֵיכֶם, “your souls” [lit., “Do not make your souls abominable”], and merely touching [an unclean item] does not cause “abomination of the soul” [whereas eating it does. See Me’ilah 16b, Rashi there]; similarly, “and you shall not defile yourselves” [means] by eating them. אל תשקצו: באכילתן, שהרי כתיב נפשותיכם, ואין שיקוץ נפש במגע, וכן ולא תטמאו באכילתן:
that you should become unclean through them: [God says:] “If you defile yourselves through these [creatures] on earth, I too will defile you in the world to come and in the heavenly academy.” - [Yoma 39a] ונטמתם בם: אם אתם מטמאין בהם בארץ אף אני מטמא אתכם בעולם הבא ובישיבת מעלה:
44For I am the Lord your God, and you shall sanctify yourselves and be holy, because I am holy, and you shall not defile yourselves through any creeping creature that crawls on the ground. מדכִּ֣י אֲנִ֣י יְהֹוָה֘ אֱלֹֽהֵיכֶם֒ וְהִתְקַדִּשְׁתֶּם֙ וִֽהְיִיתֶ֣ם קְדשִׁ֔ים כִּ֥י קָד֖וֹשׁ אָ֑נִי וְלֹ֤א תְטַמְּאוּ֙ אֶת־נַפְשֹׁ֣תֵיכֶ֔ם בְּכָל־הַשֶּׁ֖רֶץ הָֽרֹמֵ֥שׂ עַל־הָאָֽרֶץ:
For I am the Lord your God: Just as I am holy, for I am the Lord your God, so too, you shall make yourselves holy, [i.e.,] sanctify yourselves below [on earth]. — [Torath Kohanim 11:168] כי אני ה' אלהיכם: כשם שאני קדוש שאני ה' אלהיכם, כך והתקדשתם קדשו עצמכם למטה:
and be holy: before Me, for I will make you holy above and in the world to come. — [Yoma 39a] והייתם קדשים: לפי שאני אקדש אתכם למעלה ובעולם הבא:
and you shall not defile yourselves: [This prohibition is written to make a transgressor guilty of] transgressing many negative commandments. And for [the transgression of] each negative commandment, [the perpetrator receives] lashes. This is what [the Sages said in the Talmud (Mak. 16): “If one eats a פּוּטִיתָא [a small unclean aquatic creature], one receives four series of lashes [i.e., four separate series of lashes for the four negative commandments transgressed by eating that one creature]; if one eats an ant, one receives five series of lashes; if one eats a hornet, [he receives] six series of lashes” (Mak. 16b). ולא תטמאו וגו': לעבור עליהם בלאוין הרבה. וכל לאו מלקות, וזהו שאמרו בתלמוד [מכות טז] אכל פוטיתא לוקה ארבע, נמלה לוקה חמש, צרעה לוקה שש:
45For I am the Lord Who has brought you up from the land of Egypt to be your God. Thus, you shall be holy, because I am holy. מהכִּ֣י | אֲנִ֣י יְהֹוָ֗ה הַמַּֽעֲלֶ֤ה אֶתְכֶם֙ מֵאֶ֣רֶץ מִצְרַ֔יִם לִֽהְיֹ֥ת לָכֶ֖ם לֵֽאלֹהִ֑ים וִֽהְיִיתֶ֣ם קְדשִׁ֔ים כִּ֥י קָד֖וֹשׁ אָֽנִי:
For I am the Lord Who has brought you up: On the condition that you accept My commandments, I have brought you up [out of Egypt] (Torath Kohanim 11:170). Another explanation of “For I am the Lord Who has brought you up” : Everywhere [Scripture] says, “Who has brought [you] out(הוֹצֵאתִי) [of the land of Egypt],” while here it says, “Who has brought [you] up (הַמַּעֲלֶה).” [What is the meaning of the unusual expression here of bringing up?] the school of Rabbi Ishmael taught: [God says,] “If I had brought up Israel from Egypt only so that they would not defile themselves with creeping creatures like the other nations, it would have been sufficient for them, and this is an exaltation for them.” This, then, explains [the use of] the expression הַמַּעֲלֶה - [B.M. 61b] כי אני ה' המעלה אתכם: על מנת שתקבלו מצותי העליתי אתכם. דבר אחר כי אני ה' המעלה אתכם, בכולן כתיב והוצאתי, וכאן כתיב המעלה, תנא דבי רבי ישמעאל אלמלי לא העליתי את ישראל ממצרים אלא בשביל שאין מטמאין בשרצים כשאר אומות, דיים, ומעליותא היא גבייהו, זהו לשון מעלה:
46This is the law regarding animals, birds, all living creatures that move in water and all creatures that creep on the ground, מוזֹ֣את תּוֹרַ֤ת הַבְּהֵמָה֙ וְהָע֔וֹף וְכֹל֙ נֶ֣פֶשׁ הַֽחַיָּ֔ה הָֽרֹמֶ֖שֶׂת בַּמָּ֑יִם וּלְכָל־נֶ֖פֶשׁ הַשֹּׁרֶ֥צֶת עַל־הָאָֽרֶץ:
47to distinguish between the unclean and the clean, and between the animal that may be eaten and the animal that may not be eaten. מזלְהַבְדִּ֕יל בֵּ֥ין הַטָּמֵ֖א וּבֵ֣ין הַטָּהֹ֑ר וּבֵ֤ין הַֽחַיָּה֙ הַנֶּֽאֱכֶ֔לֶת וּבֵין֙ הַֽחַיָּ֔ה אֲשֶׁ֖ר לֹ֥א תֵֽאָכֵֽל:
to distinguish: Not only must you learn [these laws concerning prohibited creatures in order to know the laws for the sake of knowing Torah], but also you shall know and recognize [these creatures], and be proficient [in identifying] them. להבדיל: לא בלבד השונה, אלא שתהא יודע ומכיר ובקי בהן:
between the unclean and the clean: But is it necessary [for Scripture] to state [that we should know] the difference between [kosher and non-kosher animals such as] a donkey and a cow, when these [differences] have already been explained? Rather, [what is meant here, is to distinguish] between what is unclean because of you and what is clean because of you, namely between [an animal] whose trachea was slaughtered halfway through [which is considered “unclean” and may not be eaten], and [an animal] who had most of its trachea slaughtered, [rendering the animal “clean” and it may be eaten]. — [Torath Kohanim 11:173:7] בין הטמא ובין הטהר: צריך לומר בין חמור לפרה והלא כבר מפורשים הם, אלא בין טמאה לך לטהורה לך, בין נשחט חציו של קנה לנשחט רובו:
and between the animal that may be eaten: Does [Scripture] have to tell us [that one must be able to distinguish] between a deer and a wild donkey? Are they not already delineated? Rather, [to distinguish] between [an animal] in which signs of a treifah have developed, and it is nevertheless kosher [such as an animal whose injury does not render it treifah], and an animal in which signs of a treifah have developed, and it is not kosher. - [Torath Kohanim 11:173:8] ובין החיה הנאכלת: צריך לומר בין צבי לערוד, והלא כבר מפורשים הם, אלא בין שנולדו בה סימני טרפה כשרה, לנולדו בה סימני טרפה פסולה:Daily Tehillim - Psalms Chapters 108-112
Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken the dawn.
4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city? Who led me unto Edom?
12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary; futile is the help of man.
14. Through God we will do valiantly, and He will trample our oppressors.
Chapter 109
David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm. O God of my praise, be not silent.
2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.
3. They have surrounded me with words of hate, and attacked me without cause.
4. In return for my love they hate me; still, I am [a man of] prayer.
5. They placed harm upon me in return for my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an adversary stand at his right.
7. When he is judged may he go out condemned; may his prayer be considered a sin.
8. May his days be few; may another take his position.
9. May his children be orphans and his wife a widow.
10. May his children wander about and beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may their name be erased in a later generation.
14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always, and may He cut off their memory from the earth.
16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].
17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my heart has died within me.
23. Like the fleeting shadow I am banished, I am tossed about like the locust.
24. My knees totter from fasting, and my flesh is lean without fat.
25. And I became a disgrace to them; they see me and shake their heads.
26. Help me, Lord, my God, deliver me according to Your kindness.
27. Let them know that this is Your hand, that You, Lord, have done it.
28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”
2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has crushed kings on the day of His fury.
6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.
7. He will drink from the stream on the way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.
1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet] available to all who desire them.
3. Majesty and splendor are His work, and His righteousness endures forever.
4. He established a memorial for His wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He remembered His covenant always.
6. He has declared the power of His deeds to His people, to give them the inheritance of nations.
7. The works of His hands are true and just; all His mandates are faithful.
8. They are steadfast for ever and ever, for they are made with truth and uprightness.
9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.
Chapter 112
This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house, and his righteousness endures forever.
4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.
10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.
Daily TanyaLikutei Amarim, middle of Chapter 38
Today's Tanya
Shabbat, April 2, 2016 - 23 Adar II, 5776
ואף שבשניהם אור אחד שוה בבחינת הסתר פנים
True, in terms of the “concealment of Countenance” i.e., the degree to which the “Countenance,” the inner aspect of the divine life-force, is concealed, the light i.e., the divine creative life-force is the same in both [body and soul] — it is concealed equally in both.
ולבושים שוים שהאור מסתתר ומתעלם ומתלבש בהם
The garments in which the light hides, conceals and clothes itself are identical [in body and soul].
כי שניהם הם מעולם הזה, שבכללותו מסתתר בשוה האור והחיות שמרוח פיו יתברך
For both [body and soul] are of this world where, throughout the world and all its creatures (spiritual as well as physical), the light and life-force issuing from “the breath of [G‑d’s] mouth” are equally concealed,
בבחינת הסתר פנים, וירידת המדרגות בהשתלשלות העולמות ממדרגה למדרגה בצמצומים רבים ועצומים
by “concealment of the Countenance,” and [by] the descent of the life-force from level to level, by means of numerous powerful tzimtzumim(contractions) through the various levels [constituting] the chain-like succession of worlds,
עד שנתלבש בקליפת נוגה, להחיות כללות עולם הזה החומרי
finally clothing itself in kelipat nogah, in order to give life to the totality of this material world.
The Alter Rebbe has here described the process whereby the divine life-force descends from its lofty, G‑dly origin to the point where it creates and gives life to physical matter; i.e., from “the breath of G‑d’s mouth” — a reference to Malchut of the World of Atzilut — to the World of material Asiyah.
He defines various steps in this process: (1) “descent from level to level”; (2) “numerous tzimtzumim”; (3) “powerful tzimtzumim”; (4) “clothing itself in kelipat nogah.”
Let us examine them individually:
(1) “Descent from level to level:” To reach down to the level of Asiyah, the life-force must first descend form the World of Atzilut to Beriah, thence to Yetzirah, and finally to Asiyah. Within each of these Worlds there are many levels, and the life-force must descend through them all before reaching the next lowest World.
(2) “Numerous tzimtzumim:” Each descent of the life-force entails a “contraction” of the light and life-force, lessening its intensity.
But descent and tzimtzumim alone, no matter how numerous, will still not make possible the creation of a physical being; the divine life-force would still be at a level where anything created by it would be a spiritual being, albeit of a lower grade of spirituality. The creation of physical matter presupposes another condition, viz.:
(3) “Powerful tzimtzumim:” I.e., tzimtzumim which entirely change the character of the life-force (and not only its intensity), to the point where it can create and give life to material beings. But even this type of tzimtzum cannot produce a world like ours, in which it is not apparent that G‑d is the Creator, and where, in fact, G‑d’s creations can be used in defiance of His Will. This is achieved only when —
(4) “The life-force... clothes itself in kelipat nogah” (and thereby also in the otherkelipot, as will soon be explained). As defined in the first chapter of Tanya, kelipat nogah is a mixture of good and evil. Therefore, whatever receives its G‑dly life-force through the veil of kelipat nogah (in which the life-force is clothed) can be utilized either for a holy purpose, in serving G‑d’s Will through performing a mitzvah, or for an unholy purpose, in violating His Will through a sinful act.
In summary: Through many descents and powerful tzimtzumim, the G‑dly life-force clothes itself in kelipat nogah, and thereby gives life to all the creatures of this world.
The Alter Rebbe now distinguishes between permitted and forbidden objects. The former receive their life-force directly through kelipat nogah; for the latter to receive the G‑dly life-force clothed in kelipat nogah, it must first descend still further, to be veiled in the three completely impure kelipot.
דהיינו כל דברים המותרים והטהורים שבעולם הזה, וממנה ועל ידה מושפעים דברים הטמאים כי היא בחינה ממוצעת, כנ״ל
This means: (1) all things of this world that are permitted and pure which receive their vitality directly via kelipat nogah; and from and through[kelipat nogah] evolve (2) all impure, forbidden things, which derive their vitality from the three impure kelipot; yet their vitality too, stems from nogahsince it is the intermediary level between holiness (where all life originates) and the three impure kelipot, as mentioned above.
We can conclude from this that there is no difference between the life-force of the soul and that of the body in terms of revelation or concealment. Since both body and soul are of this world, the life-force in them is equally concealed in the veil of kelipat nogah.
אף על פי כן, ההארה, שהיא המשכת החיות אשר ה׳ מאיר ומחיה דרך לבוש זה
Nevertheless, the [G‑dly] illumination, meaning the flow of vitality by which G‑d illumines and gives life to all creatures of this world by way of this garment i.e., kelipat nogah,
אינה שוה בכולן, בבחינת צמצום והתפשטות
is not the same for them all, and the difference between the life-force of the various creatures is in terms of contraction and expansion. In some creatures the life-force is constricted and limited, while in others it finds broader expression.
The difference between “concealment” (hester) of the life-force and its “contraction”(tzimtzum) can be expressed as follows:
Suppose one hangs a thick curtain on a window to screen out the sunlight. The light entering the room through the curtain will be of an entirely different quality; in fact it might be described as a mere echo of the original light. This is “concealment”.
If on the other hand, one boards up the window and leaves only a tiny hole by which the light may pass, the light shining through the hole, though greatly restricted, will be the same, qualitatively, as the original light. This is what is meant by “contraction”.
So it is too with regard to our subject: Kelipat nogah is the thick curtain which veils the divine creative power equally from all creatures of this world. This “curtained” light varies, however, from one creature to another in degree of contraction. The Alter Rebbe now goes on to enumerate these differences:
Rambam
Daily Mitzvah N150, N151
Shabbat, April 2, 2016 - 23 Adar II, 5776
Negative Commandment 150 (Digest)
Eating the Second Tithe while Ritually Impure
"Neither have I consumed of it while impure"—Deuteronomy 26:14.
It is forbidden to consume of the Second Tithe while ritually impure – even in Jerusalem – until the produce is "redeemed" [i.e. it is exchanged for money or other, pure, produce].
This prohibition applies whether the individual eating is impure or if the produce itself is impure.
The 150th prohibition is that we are forbidden to consume ma'aser sheni in a state of tumah — even in Jerusalem — unless it has been redeemed. This corresponds to the general principle that ma'aser sheni which has become tameh must be redeemed, even in Jerusalem, as explained in tractate Makos.1
The source of this prohibition is the verse,2 "I have not consumed in a state of tumah." The Oral Tradition3 explains [the phrase "in a state of tumah"] — "either when I was tameh and it was tahor, or when I was tahor and it was tameh."
In Gemara Makos it is also explained that ma'aser and bikurim may not be eaten in a state of tumah; and that one who does so is punished by lashes. As mentioned above, lashes are given only when this ma'aser is eaten in a state of tumah, in Jerusalem and was not redeemed.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.19b.
2.Deut. 26:14.
3.Makos ibid.
Negative Commandment 151 (Digest)
An "Onen" Eating from the Second Tithe
"I have not eaten of it while an onen"—Deuteronomy 26:14.
An onen [the next of kin of a deceased, in the period before the deceased's burial] may not eat from the Second Tithe—or from any sacrificial offerings.
The 151st prohibition is that we are forbidden from eating ma'aser sheni when in a state of aninus [mourning].1
The source of this prohibition is G‑d's statement,2 "I have not consumed it while I was in aninus."
In the words of the Mishneh,3 "Ma'aser and bikurim must be brought to Jerusalem; require a verbal declaration4; and are forbidden to an onein."
This verse also prohibits an onein from consuming sacrificial offerings, as written in the Torah,5 "After such a thing happened to me; if I had eaten the sin offering today, would it have been right in G‑d's eyes?"
The details of this mitzvah are explained in the 8th chapter of Pesachim and the 2nd chapter of Zevachim.
An onein who eats sacrificial offerings or ma'aser sheni is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.A person is in a state of aninus on the day when a close relative dies.
2.Deut. ibid.
3.Bikurim 2:2.
4.See P131.
5.Lev. 10:19.
Rambam - 1 Chapter a Day Maaseh Hakorbanot - Chapter 1
Maaseh Hakorbanot - Chapter 1
Halacha 1
All of the sacrifices of living animals comes from five species alone: a) cattle, b) sheep, c) goats, d) turtle doves, and e) small doves.1
Halacha 2
All of the sacrifices - whether those brought by the community or by individuals - are of four types: a) burnt-offerings, b) sin-offerings, c) guilt-offerings, and d) peace-offerings.
Halacha 3
Halacha 4
All of the communal offerings are burnt-offerings or sin-offerings. There are no communal peace-offerings except the two sheep offered with the bread that is waved on Shavuot.5 They are called "the sacrifices of communal peace offerings." The community never offers a guilt offering, nor a fowl.
Halacha 5
The communal offerings are the two temidim6 offered every day,7 the additional offerings of the Sabbaths,8 Rashei Chodashim, and the festivals,9and the sin-offering of a goat brought on Yom Kippur.10 Similarly, if [the High] Court11 inadvertently gave an erroneous ruling with regard to the worship of false deities, every tribe is required to bring a bull and a goat. The bull is brought as a burnt-offering and the goat as a sin-offering. These goats are called "the goats of false deities." If they inadvertently gave an erroneous ruling with regard to other mitzvot, they bring a bull as a sin-offering. It is called "the bull associated with the overlooking of a matter by the community."12
Halacha 6
The sacrifices [brought by] individuals include: a) the firstborn offerings,13
b) the tithe offerings,14
c) the Paschal offerings,15
d) the chagigah offerings, i.e., the peace offerings [brought in association with the pilgrimage festivals],
e) the pilgrimage offering which is a burnt-offering,16
f) the sacrifice brought by a convert, that involves a burnt-offering from a domesticated animal, two small doves or two turtle doves; both of them are burnt-offerings, or two domesticated animals, one as a burnt-offering and one as a peace-offering,17
h) peace-offerings that are accompanied by bread; they are called thanksgiving offerings,21
i) the sacrifices of a nazirite,22 which are a burnt-offering, a sin-offering, and a peace-offering,23
j) the sacrifices of a metzora,24 which are a sin-offering, and a guilt-offering, and a burnt-offering,25
k) the sacrifices of a zav26 a zavah,27 and a women after childbirth; they are a sin-offering and a burnt-offering,28
l) the sacrifice brought by a person who inadvertently violated a negative commandment punishable by karet;29 it is a sin-offering,30
m) if a person was unsure of whether he transgressed or not, that transgressor brings a guilt-offering; it is called a conditional guilt-offering,31
n) there are certain sins32 for which one brings a guilt-offering [to atone for their transgression]; this is called a definite guilt-offering,33
o) similarly, the ram brought as a burnt-offering and the bull the High Priest brings from his own resources as a sin-offering on Yom Kippur,34 are individual offerings; the bull is called "the bull of Yom Kippur."
All of these sacrifices are explicitly mentioned in the Torah and the laws governing each of them are explained in the appropriate places.
Halacha 7
[The person bringing] any of the individual offerings is responsible for them and for their accompanying offerings35 with the exception of an animal pledged as sacrifice.36 [The community at large] is not responsible for sacrifices or their accompanying offerings.37 If a sacrifice was offered, they are responsible for its additional offerings.38 When an individual's sacrifice was required to be offered at a fixed time,39 it is like a communal offering and the person is not responsible for it.40
Halacha 8
Halacha 9
A sin-offering may be brought these five species, from both males and females, from small ones and large ones.
Halacha 10
Halacha 11
Peace offerings may be brought from sheep, goats, or cattle, from males and females, whether large or small. A fowl may not be brought as a peace offering.
[When describing an animal as] small, [the intent] is one between the eighth day46 and a full year, from day to day. If the year was declared a leap year, [the extra month is included]. "Large" implies until three full years from day to day for cattle, for flocks,47 until two full years from day to day. From this age onward, [the animal] is considered as "old" and it should not be brought as an offering.
Halacha 12
Although all of the sacrifices are acceptable if they are brought from the eighth day onward, as an initial preference, we do not bring [an animal] as a sacrifice until it is 30 days old or older48 with the exception of a firstborn offering,49 a Paschal offering, and a tithe offering.50 If one desires to offer these sacrifices from the eighth day onward, he may.
Halacha 13
Hours are counted with regard to consecrated animals,51 i.e., if their [lives] were an hour longer52 or an hour was subtracted from their [lives],53 they are unacceptable.
What is implied? When it is required that a sacrifice be less than a year old, if an hour was added to its year, it is invalidated. Even if it was merely a year old when it was slaughtered and additional time was added before its blood was sprinkled [on the altar], it is invalidated. It must be less than a year until the time the blood is sprinkled [on the altar]. Similar [laws] apply with regard to all the sacrifices.
Halacha 14
Whenever the Torah uses the expressions, "a male sheep," "a female sheep," "sheep," the intent is [an animal] in its first year [of life]. "A ram" or "rams"54implies males in their second year [of life]. When is an animal called a ram? When 31 days of its second year of life pass. On the thirtieth day, however, it is not acceptable, neither as a sheep, nor as a ram. [At this stage,] it is called a pilgas.55
Whenever the expression "a calf" is used, the intent is [an animal] in its first year [of life]. The term "bull" implies that the animal is in its second year of life. The term "a goat kid" implies that it is in its first year, "a goat," that it is in its second year. Throughout the second year, it is called a goat.56
Halacha 15
All of the communal offerings are male. All57 of the communal sin offerings58come from goats or from cattle, none are brought from sheep. All of the communal burnt offerings are from sheep or cattle; there are no burnt-offerings brought from goats.
All of the sin-offerings brought by individuals are female. They may be eaten by the priests and they do not come from cattle except three: a) the sin-offering of a nasi59 which is a goat60 and is eaten, b) the sin-offering of the anointed priest which is a bull,61 which is burnt;62 it is call "the bull that comes because of [the violation of] any mitzvah;" c) the bull brought by the High Priest on Yom Kippur;63 it is a sin-offering that is burnt.
Halacha 16
All of the communal sin-offerings are eaten with the exception of the goat offered on Yom Kippur whose partner is sent [to Azazel],64 the goats brought [because of the violation65 of the prohibition against] idol worship,66 and the bull [brought because of the violation] a law forgotten [by the High Court].67"The bull that comes because of [the violation of] any mitzvah"68 and the bull [brought because of] a law forgotten [by the High Court] are called "the bulls that are burnt." The goats brought [because of the violation of the prohibition against] idol worship are called "the goats that are burnt."
Halacha 17
All of these offerings are called zevachim.71 All of the burnt-offerings, sin-offerings, guilt-offerings, and the two sheep brought as peace-offerings on Shavuos are called "sacrifices of the highest order of sanctity."72 Peace offerings brought by an individual, the firstborn offerings, the tithe offerings, and the Paschal offerings, are called "sacrifices of a lesser degree of sanctity."73
Halacha 18
The limbs and organs that are burnt on the altar from the sin-offerings that are eaten, from the guilt-offerings, and from the peace-offerings74 are calledeimorim.75 These are the eimorim of an ox or a goat: the fat that is on the inner organs,76 included with that is the fat that is on the maw,77 the two kidneys and the fat that is on them, together with the fat that is on the flanks, the lobe of the liver, and a small portion of the liver should also be taken with its lobe.78If the sacrifice is from sheep, he should add to these the fat tail79 in its entirety80together with the vertebrae from the spine until the place of the kidneys, as [Levitcus 3:9] states: "he shall remove it opposite the kidneys." All of the eimorim are burnt on the outer altar.81
Halacha 19
If a [sacrificial] animal was pregnant, even though the fetus had been carried for a full term, and even if it was discovered to be alive [after the mother was slaughtered],82 its fat should not be offered together with the fat of its mother. Instead, only the fat of the mother is offered. The fetus is considered as one of its limbs.83
FOOTNOTES
1.
See Hilchot Issurei Mizbeiach 3:2 with regard to the differences between these species. In this chapter, the Rambam outlines the different types of animal sacrifices and which animals are offered for each one.
2.
The sacrifice of the firstborn of one's cattle or flocks.
3.
I.e., the tithing of one's cattle or flocks.
4.
In his Commentary to the Mishnah, in the introduction to the order of Kodshim, the Rambam speaks of "peace-offerings and [offerings] that resemble peace-offerings." He later explains that the term "[offerings] that resemble peace-offerings" refers to the three types of sacrifices mentioned here, because they resemble peace-offerings." He elaborates on that theme in his commentary to Zevachim 5:5, explaining that the procedure in which these three sacrifices are offered resembles that of the peace-offerings with only minor differences. For that reason and because they are offerings which a person is required to bring only on specific and infrequent occasions, he does not consider them as a separate category of sacrifices.
5.
I.e., the two loaves offered that day. The Rambam is borrowing the wording ofLeviticus 23:17.
6.
Literally "continuous offerings."
7.
See Hilchot Temidim UMusafim 1:1-3.
8.
See Hilchot Temidim UMusafim 4:9.
9.
See Hilchot Temidim UMusafim, chs. 7-10.
10.
See Hilchot Temidim UMusafim 10:2.
11.
The Sanhedrin of 71 judges who would hold their sessions in the Chamber of Hewn Stone.
12.
Both of these sacrifices are described inHilchot Shegagot 12:1.
13.
See Hilchot Bechorot, ch. 1.
14.
See Hilchot Bechorot, ch. 6.
15.
See Hilchot Korban Pesach, ch. 1.
16.
Both of these sacrifices are described inHilchot Chagigah, ch. 1.
17.
See Hilchot Mechusrei Kapparah, ch. 1.
18.
A person vows to bring either a burnt-offering or a peace-offering.
19.
A person pledges to bring a particular animal as a burnt-offering or a peace-offering.
20.
See Chapter 14 of these halachot (Hilchot Ma'aseh HaKorbanot) which describes these sacrifices.
21.
See Chapter 9, Halachah 5, and onward which describe this sacrifice.
22.
One who took a vow not to drink wine.
23.
See Hilchot Nizirut, ch. 8.
24.
A person afflicted with tzara'at a skin ailment, similar, but not identical, to leprosy.
25.
See Hilchot Mechusrei Kaparah, ch. 4.
26.
A male who has emissions from his sexual organ similar to those resulting from a gonorrheal infection.
27.
A woman who experiences vaginal bleeding outside her menstrual cycle.
28.
See Hilchot Mechusrei Kaparah 1:3.
29.
Premature death at the hand of heaven and the soul being cut off in the World to Come.
30.
See Hilchot Shegagot, ch. 1.
31.
See Chapter 9 which describes both these types of sacrifices.
32.
When he engaged in relations with a maid-servant who was married, robbed, made mundane use of consecrated property. Similarly, a nazirite who became impure and a person afflicted with tzara'at must bring this offering.
33.
See Chapter 9 which describes both these types of sacrifices.
34.
See Hilchot Avodat Yom HaKippurim, ch. 4, which describes the offering of these sacrifices.
35.
I.e., if the animal he designated as a sacrifice dies or the meal or wine offering designated for the sacrifices was spoiled, he must bring another one in its place.
36.
As will be explained in ch. 14, in that instance, the person is not vowing to bring a sacrifice, he is designated a particular animal as a sacrifice. Hence if that animal is lost, he is not obligated to replace it.
37.
We are speaking about sacrifices that are required to be brought at a specific time. If for some reason, the community was unable to bring them at that time, they are not required to bring them afterwards. AsBerachot 26a states: "If the time passes, the sacrifice is nullified."
38.
For these additional offerings may be brought even at a later date, as will be explained in Chapter 2, Halachah 12.
39.
Like the Paschal or festive offerings.
40.
In this instance as well, since the time passed, the sacrifice cannot be brought. In truth, the matter is not at all dependent on whether an individual's sacrifice or a communal offering is involved. The determining factor is whether there is a specific time associated with the sacrifice or not (Radbaz).
41.
Leviticus 22:18-19 speaks of bringing the three species mentioned as burnt offerings and specifies that they must be male.
42.
Provided they are eight days old, as explained in Halachah 11.
43.
The Torah does not make any specification with regard to fowl.
44.
Those brought for the sins mentioned in note 32.
45.
The guilt offering brought by a nazirite.
46.
Before eight days, it is forbidden to bring an animal as a sacrifice, as stated in Hilchot Isssurei Mizbeiach 3:4.
47.
Both sheep and goats.
48.
If it was brought earlier, it is acceptable after the fact (Radbaz).
49.
Since Exodus 22:29 explicitly states that a firstborn animal may be offered on its eighth day of life, our Sages did not desire to place any restrictions on the offering. It may be offered on the eighth day even as an initial preference.
50.
The tithe offering and the Paschal sacrifice are, like the firstborn offering, sacrifices of lesser sanctity and the laws governing the pouring of their blood on the altar are the same. Hence, our Sages considered them the same in this instance as well [the Rambam's Commentary to the Mishnah (Parah 1:4)].
The Radbaz and the Kessef Mishneh note that the mishnah cited also states that the same laws apply to offerings that were vowed or pledged and question why the Rambam does not mention them in this halachah. The Radbaz notes that the Rambam does not mention pledges and vows in his Commentary to the Mishnah and maintains that he possessed a different version of the mishnah.
51.
Generally, years are counted from day to day and not from hour to hour. For example, with regard to a child becoming Bar Mitzvah at age 13, if he was born at 3 PM on the sixteenth of Elul, he reaches Bar Mitzvah at nightfall on the sixteenth of Elul. He need not wait until 3 in the afternoon. With regard to sacrifices, however, Zevachim 18b uses Biblical exegesis to teach that we count from the hour of an animal's birth.
52.
As the Rambam describes in the following clause.
53.
This refers to an animal like a ram that is not acceptable for sacrifice until it is a year and 30 days old. It is not acceptable until the hour of its birth passes on the thirty-first day.
54.
The term, ayil, Hebrew for ram, is identified with strength. Implied is that the animal must reach a stage of maturity that endows it with strength and power.
55.
This is a Greek term. In his Commentary to the Mishnah (Parah 1:3), the Rambam explains that the term carries an allusion to the Hebrew phrase peleg gas, implying that it has passed its limits exceedingly. Similarly, this animal is in an intermediate state, having left one category, but not entered another.
56.
Perhaps the Rambam's intent is that there is no concept of a pilgas with regard to goats.
57.
Our translation is based on early printing and authoritative manuscripts of theMishneh Torah. The standard printed text has a slightly different version.
58.
Brought on Rosh Chodesh or the festivals and those mentioned in the following halachot.
59.
I.e., a king as stated in Hilchot Shegagot15:6.
60.
I.e., as opposed to ordinary sin-offerings which can be either a goat or a sheep, the prince's offering must be a goat and it must be male in contrast to those offerings which are female.
61.
I.e. the High Priest, but only one who was anointed. If he assumed his office through wearing the garments of the High Priest (as did the High Priests of the Second Temple), he is not required to bring this sacrifice (Hilchot Shegagot, loc. cit.).
62.
I.e., and not eaten.
63.
See Hilchot Avodat Yom HaKippurim 1:1; 4:1.
64.
See Hilchot Avodat Yom HaKippurim 1:1; 4:1.
65.
By people at large due to a erroneous ruling by the High Court.
66.
See Hilchot Shegagot 12:1.
67.
By people at large due to a erroneous ruling by the High Court.
68.
I.e. the High Priest, but only one who was anointed. If he assumed his office through wearing the garments of the High Priest (as did the High Priests of the Second Temple), he is not required to bring this sacrifice (Hilchot Shegagot, loc. cit.).
69.
The two bulls brought by the High Priest mentioned in the previous halachah.
70.
The bulls and the goats brought because of transgressions performed due to a erroneous ruling by the High Court and the goat offered as a sin offered on Yom Kippur [the Rambam's Commentary to the Mishnah (Zevachim 12:5)]. Significantly, in his Commentary to Parah 8:3, the Rambam does not mention the goat offered on Yom Kippur among the goats that are burnt.
71.
The Radbaz notes that this appellation is found in Zevachim 47a. He questions the reason for the Rambam's inclusion of this point and explains that it can resolve a question that might arise if a person made a particular pledge.
72.
See Chapter 5, Halachot 2-3.
73.
See Chapter 5, Halachah 4.
74.
The Rambam does not mention the burnt offering, because then the entire animal is burnt.
75.
In his Commentary to the Mishnah (Introduction to the Order of Kodshim), the Rambam explains that this term is derived from the term emar, "spoke," i.e., these are the organs spoken about, i.e., specified by God to be burnt.
76.
The Biblical term kerev (Leviticus 3:3, et al) refers to the inner digestive organs. That verse speaks of "the fat that covers the inner organs" and "all the fat on the inner organs." The first term refers to a large membrane that covers all of these organs like a sack. The second term refers to the fat on the organs themselves.
77.
I.e., one of the animals four stomachs. Since the verse uses the term kol, "all," our Sages understood that additional fat was to be brought.
78.
These are also mentioned explicitly inLeviticus 3:10, et al.
79.
The tails of goat and cattle do not collect fat. Hence the term alyah, "fat tail" is not appropriate with regard to them and their tails are not offered (Radbaz).
80.
Leviticus 3:9 speaks of haalyah temimah. In this context, temimah means "entire."
81.
The inner altar is used only for incense and the blood sprinkled on it on Yom Kippur. SeeHilchot K'lei HaMikdash 2:11.
82.
In which instance, its fat is forbidden to be eaten, as stated in Hilchot Ma'achalot Assurot 7:3.
83.
We do not consider it as if two animals were offered as this sacrifice and the eimorimfrom each must be offered on the altar. Instead, only the mother is considered as the sacrifice and the fetus is considered as an appendage to it. If the sacrifice is a sin offering, it is given to the priests to partake of. If it is a peace offering, it is given to the owner. Females are not sacrificed as guilt offerings.
Rambam - 3 Chapters a Day Maaser Sheini - Chapter 2, Maaser Sheini - Chapter 3, Maaser Sheini - Chapter 4
Maaser Sheini - Chapter 2
Halacha 1
The second tithe should be eaten1 by its owners within the walls of Jerusalem,2 as [Deuteronomy 14:23] states: "And you shall eat before God, your Lord, in the place He chooses to cause His name to dwell."
It must be observed whether the Temple is standing or it is not standing.3Nevertheless, we partake of it only while the Temple is standing,4 for [the verse states]: "the tithe of your grain, your wine, your oil, and the firstborn of your cattle or your sheep." According to the Oral Tradition, it was taught:5 Just as a firstborn is not eaten except while the Temple is standing, so too, the second tithe is not eaten except when the Temple is standing.
Halacha 2
It is pious behavior6 to redeem the second tithe for its full value7 in the same manner as it should be redeemed while the Temple is standing.8 Our Sages, [however,] ruled that, in the present age, if one desires, he may redeem amaneh's9worth of produce for a p'rutah10as an initial and preferable measure,11 [for this produce] need not be considered more stringently than consecrated property.12 That p'rutah should be discarded in the Mediterranean Sea.13
Halacha 3
Similarly, if one transferred the holiness of a maneh's worth of produce that is the second tithe for a p'rutah's worth of other produce, the holiness is transferred. He should then burn the produce to which he transferred the holiness so that it will not present an obstacle to others, [following the same procedure] as the redemption of neta rivai'i in the present age, as we explained in Hilchot Ma'achalot Assurot.14
Halacha 4
Just as we do not partake of the second tithe in the present era in Jerusalem,15 so too, we do not redeem it there,16 nor transfer its holiness,17 or sell it.18 If [produce which is the second tithe] is brought into Jerusalem in the present era, it should not be removed from there.19 Instead, we leave it there until it rots. Similarly, if one transgressed and removed it from there, he should leave it until it rots.
For this reason,20 we do not separate the second tithe in the present era in Jerusalem. Instead, we remove the produce from the city while it is tevel and redeem it. If it was separated there in the present era, it should be left to rot.
Halacha 5
Anyone who eats an olive-sized portion of [produce from] the second tithe or who drinks a revi'it of wine21 [from such produce] outside the walls of Jerusalem22 is liable for lashes, as [Deuteronomy 12:17] states: "In your gates,23 you may not partake of the tithe of your grain, your wine, and your oil."24
He is liable for lashes for each one individually.25 Therefore if he partakes of the three outside the walls [of Jerusalem], he is liable for three sets of lashes, for it is stated: And you shall eat before God in the place He chooses to cause His name to dwell."
It must be observed whether the Temple is standing or it is not standing.26Nevertheless, we partake of it only while the Temple is standing,27 for [the Torah states]: "And you shall eat before God... the tithe of your grain, your wine, your oil," and "You may not partake of the tithe of your grain, your wine, and your oil."28 Why does [the Torah] mention them individually instead of saying: "Do not partake of them in your gates?" To make one liable for each one individually.
Halacha 6
According to Scriptural Law, one is not liable for lashes unless he partakes of produce [from the second tithe] after it had entered the walls of Jerusalem [and was removed], as it is written: "You may not partake... in your gates" and "And you shall eat before God." [Implied is that] since the produce enters the place where it should be eaten and then it was eaten outside [that place], one is liable for lashes. If, however, one ate such produce before it entered Jerusalem,29 he should be given stripes for rebellious conduct.30
Halacha 7
[The following rules apply if] a portion of [produce from the second] tithe is inside [Jerusalem] and a portion is outside. One who eats from the portion that has not entered [the city] should be given stripes for rebellious conduct.31 If one eats the portion that entered outside [the city], he is liable for lashes. 32
Halacha 8
We do not redeem the second tithe in Jerusalem unless it became impure,33as [Deuteronomy 14:24] states: "If the place34 will be distant from you...." [Implied is that such produce] may be redeemed when the place is distant, but not when it is close.
Halacha 9
Once produce from the second tithe - even if it is demai37 - is brought into Jerusalem, it is forbidden to remove it from there, for it has already been taken in by [the city's] barriers. Similar concepts apply with regard to produce purchased with money [from the redemption of] the second tithe, as [implied by] the verse: "And you shall eat before God your Lord."38 If a person transgressed and took [such produce] out of Jerusalem or it was taken out inadvertently, it should be returned and eaten in Jerusalem.
[The concept that produce from the second tithe that was brought into Jerusalem is] taken in by its partitions is a Rabbinic decree. Even produce from [the redemption of] the second tithe whose fifth is not worth a p'rutahwhich is [observed] by virtue of Rabbinic decree [alone]39is taken in by [the city's] partitions and it is forbidden to remove it.40 Money from [the redemption of] the second tithe, by contrast, may be brought into Jerusalem and then removed.41
Halacha 10
When produce for which the tasks involved in its preparation have been completed42 is taken through Jerusalem and then removed, [its owner] cannot separate tithes from it from other produce which has not been brought into Jerusalem yet.43 Instead, the second tithe from this produce should be [separated,] and returned and eaten in Jerusalem. It cannot be redeemed outside the city. Even if one designates the entire quantity of produce which was removed as the second tithe for produce that was not yet brought [to Jerusalem], it must be returned and eaten in [that city].44 This is a stringency associated with the walls of Jerusalem. Once [produce] is taken in by them, it has been taken in.45
Halacha 11
13When produce for which the tasks involved in its preparation have not been completed, e.g., baskets of grapes that are being taking to the vat46 or baskets of figs that are being taken to dry, is taken through Jerusalem and then removed, it is permitted to redeem the second tithe from them outside Jerusalem.47 Similarly, the second tithe from produce that is demai may be redeemed outside [of Jerusalem] even though the tasks involved in its preparation have been completed and it passed through the city.48
Halacha 12
[The following laws apply when] produce from the second tithe which became impure49 in Jerusalem was redeemed.50 If it became impure through contact with a secondary source of impurity, it is forbidden to remove it.51[Instead,] it should be eaten within [the city]. If it became impure as a result of contact with a primary source of impurity or it became impure outside [the city] even through contact with a secondary source of impurity, it may be redeemed and eaten in any place, even though it was brought into Jerusalem.52
Halacha 13
When does the above53 apply? When it was brought in with the intent that the barriers of [the city] would not take it in. If, however, he did not make such a stipulation, since it entered the city and it is ritually pure according to Scriptural Law, it is taken in by [the city's] barriers and should not be removed.54 For a secondary source of ritual impurity does not impart impurity to another entity according to Scriptural Law.
Halacha 14
It is permitted to partake of chilba from the second tithe while it is in its fresh, for then it is fit to be eaten.55 Similarly, vetch from the second tithe may be eaten while it is fresh.56 If one made a dough from them, it is permitted to take it into Jerusalem and remove it, because vetch is not considered as [ordinary] produce.57 If it became impure in Jerusalem, it may be redeemed and eaten outside [the city].
Halacha 15
When a tree is standing within the walls of Jerusalem and its branches extend outside the wall, produce from the second tithe should not be eaten under [those] branches.58 If, however, produce from the second tithe was brought under its branches, it can no longer be redeemed, because it is considered as if it was brought into Jerusalem.59
Halacha 16
[The following rules apply when] houses positioned at the side of the wall with their entrances within the wall, but the length of the house extends outside the wall. [The portions of the house that] are within the wall are considered as being within the city with regard to all matters. In those which are outside the wall, we may not eat [the produce of the second tithe] and as a stringency, produce from the second tithe should not be redeemed there.60 If the length of the house extends within [the wall] and the entrance is outside, [the portion that are] outside the wall are considered as outside the city.61 We may redeem [produce from the tithes] there and may not partake of it there. [In the portion that is within the wall], we may not eat [such produce] there62 and as a stringency, we may not redeem it.63 The windows and the breadth of the walls are considered within the city.64
FOOTNOTES
1.
Similarly, it can be used as a beverage or for anointing oneself, for these are also considered as "eating."
2.
As mentioned in the notes to the previous chapter, there are authorities who consider partaking of the second tithe as an independent mitzvah. The Rambam, however, considers it as part of the mitzvah of separating the second tithe.
3.
See Hilchot Beit HaBechirah 6:15 which states that the holiness of Jerusalem is not nullified even though the Temple is destroyed, for the city's holiness derives from the manifestation of God's presence and that holiness can never be nullified.
4.
When the Temple is not standing, the second tithe must be separated, but we do not partake of it. Instead, we redeem it, as stated in the following halachah.
5.
Sifri to Deuteronomy 14:23.
6.
A commitment to observance that goes beyond the basic requirements of the law.
7.
The Jerusalem Talmud (Ma'aser Sheni 4:1) relates that the Sages of the Talmud would conduct themselves in this manner.
8.
See Chapter 4, Halachah 1, 18.
9.
100 silver coins.
10.
A copper coin of minimal value. Since when the Temple is standing, after the fact, such an exchange is acceptable, in the present era, it can be accepted as an initial and preferable measure (Radbaz).
11.
For, after all, it is being destroyed (Siftei Cohen 331:149).
12.
Which can be redeemed in this manner as an initial and preferable measure (Hilchot Arachin 8:10).
13.
I.e., in a place where it will permanently be lost. If it is being thrown to a river, it must first be ground to dust so that it will never be able to be used [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 331:133)].
Here the Rambam uses the term yam hagadol, "the Great Sea," which in relation toEretz Yisrael means the Mediterranean Sea. Sometimes, the term yam hamelech, "the Salt Sea, is used. Although in contemporary usage, the term is used in reference to the Dead Sea, the Rambam understands it as referring to the Mediterranean.
14.
See Hilchot Ma'achalot Assurot 10:17. Both here and in that source, the Ra'avad differs with the Rambam and maintains that a silver coin must be used for these redemptions. The Radbaz and the Kessef Mishnehsupport the Rambam's position. See also Chapter 2, Halachah 4 and notes.
15.
For the Temple is not standing, as stated in Halachah 1. Moreover, we are all ritually impure, and the second tithe may not be eaten in a state of ritual impurity, as stated in Chapter 3, Halachah 1.
It must be emphasized that with the term Jerusalem, we mean the city limits in the era of the Second Temple. The fact that an area is included in the contemporary metropolis of Jerusalem is not at all significant.
16.
For money.
The Kessef Mishneh states that if produce from the second tithe becomes ritually impure, it can be redeemed as indicated by Halachah 8. The Tur (Yoreh De'ah 331) [based on the Jerusalem Talmud (Ma'aser Sheni 3:6)] writes that we can water produce that has been detached so that it will become susceptible to ritual impurity. When it becomes ritually impure, it can be redeemed. These concepts are quoted by the Shulchan Aruch and Rama (Yoreh De'ah331:135).
17.
For other produce. The rationale is that produce from the second tithe should not be redeemed or exchanged in Jerusalem as stated in Halachah 8.
18.
See also Chapter 3, Halachah 17.
19.
See Halachah 9.
20.
I.e., because it will be condemned to rot.
21.
See Hilchot Terumot 10:2.
22.
I.e., he partook of the produce after it was taken to Jerusalem and then taken out, as stated in the following halachah.
23.
I.e., in cities outside Jerusalem.
24.
Sefer HaMitzvot (negative commandments 141-142) and Sefer HaChinuch (mitzvot 442-444) include these as three of the 613 mitzvot of the Torah.
25.
The Rambam explains the rationale for this in General Principle 9 of his Sefer HaMitzvot, quoting Keritot 4b, and giving the explanation that he offers in this halachah.
26.
See Hilchot Beit HaBechirah 6:15 which states that the holiness of Jerusalem is not nullified even though the Temple is destroyed, for the city's holiness derives from the manifestation of God's presence and that holiness can never be nullified.
27.
When the Temple is not standing, the second tithe must be separated, but we do not partake of it. Instead, we redeem it, as stated in the following halachah.
28.
I.e., since the Torah mentions all three types of produce in both the positive and negative commandments, we can assume that the repetition was meant to teach us that one is liable for each type of produce individually. In his Hasagot, the Ramban disagrees and maintains that one who administers three sets of lashes for partaking of these types of produce is liable for striking a fellow Jew unnecessarily.
29.
Tosafot (Makkot 19b) explain that the violation of a positive commandment is involved, for we are commanded to redeem the produce from the second tithe that is not brought to Jerusalem.
30.
A punishment ordained by the Rabbis for breaking Rabbinic commandments or negative commandments that result from a positive commandment.
31.
I.e., one might think that he would be liable, because a portion of the produce was brought into the city. Hence, it is necessary to state that he is not. See Hilchot Bikkurim3:2, for it is the source of this law.
32.
I.e., one might think that he would not be liable, because the entire quantity of produce was not brought into the city. Hence, it is necessary to state that he is.
33.
Even though produce from the second tithe that is pure should not be redeemed in Jerusalem, as stated in Halachah 4, if it becomes impure, it should be redeemed, for otherwise, it will be worthless, for it may not be eaten in that state.
Pesachim 36b derives this concept as follows: The mitzvah of redeeming produce from the second tithe is derived fromDeuteronomy 14:24: "If you cannot carry it...." Se'as, the term for "carry" used in that verse is also used in connection with food as stated in Genesis 43:34. Hence, the verse can be interpreted as meaning that the produce should be redeemed if it cannot be eaten.
34.
Jerusalem. The verse speaks about the redemption of the second tithe.
35.
And thus he does not even have to walk outside to bring it inside (Kessef Mishneh; Or Sameach). Rashi interprets the passage differently.
36.
The converse is also true. If he was outside and his burden had been brought inside, it cannot be redeemed (Makkot 19b).
37.
Produce which is demai may be taken in and out of Jerusalem (Halachah 11). Once the second tithe has been separated from it, however, it may not be taken out of Jerusalem after it has been brought in. This represents a reversal of the Rambam's opinion from that stated in his Commentary to the Mishnah (Demai 3:6).
38.
The law is not derived from this verse, for as the Rambam stated previously, the prohibition is Rabbinic in origin. Instead, the verse is an asmachta, a support from the Torah for a Rabbinic law. Significantly, to this writer's knowledge, our Rabbis have not identified a previous Rabbinic source where this verse is cited as a prooftext.
[This alludes to a question frequently raised: Did the Rambam have sources from the Sages of the Talmud that were lost or were interpretations such as this his original work?]
39.
When a person redeems produce from the second tithe that belongs to him, it is necessary to add a fifth, as stated in Chapter 5, Halachah 1. Here, however, we are speaking about a situation where that fifth is not worth a p'rutah. Thus the redemption of such produce is not feasible. And since its redemption is not feasible, according to Scriptural Law, such produce need not be treated as produce from the second tithe (Meiri to Bava Metzia 53b). Nevertheless, our Rabbis were stringent and required that the fifth be separated even in such a situation.
40.
I.e., although two Rabbinic decrees are involved, we still rule stringently.
41.
For our Sages imposed their decree with regard to produce alone.
42.
And from which the second tithe has not been separated.
43.
I.e., in this regard, we consider it as if the second tithe had already been separated. Hence, since it passed through Jerusalem, it must be eaten there [the Rambam's Commentary to the Mishnah (loc. cit.)].
44.
I.e., it cannot be redeemed for money.
45.
I.e., there is no alternative but to partake of the produce in the holy city.
46.
To be squeezed for wine [the Rambam's Commentary to the Mishnah (loc. cit.)].
47.
Since there was no obligation to tithe them at the time they passed through Jerusalem, they are not considered to have been taken in by the city's barriers.
48.
Since the obligation to separate the second tithe from demai was instituted only because of a doubt, our Rabbis did not apply this stringency. See Halachah 9.
49.
And hence cannot be eaten.
50.
See Halachah 4.
51.
I.e., the decree imposed by our Sages must be upheld because this impurity is merely Rabbinic in origin and thus the holiness of the produce was not defiled [the Rambam's Commentary to the Mishnah (loc. cit.):9].
52.
For when it was brought into Jerusalem, it was not fit to be eaten and thus did not possess a measure of holiness (ibid.).
53.
That produce that became impure due to conduct with a secondary source of impurity outside of Jerusalem can be redeemed or removed from the city after it was brought in. If, however, produce became impure through contact with a primary source of impurity, one's intent is not significant. A person may remove it from Jerusalem even if he did not have the intent originally.
54.
Instead, it should be redeemed and eaten in Jerusalem.
55.
After it has dried out, by contrast, it is not fit to be eaten. For that reason, it is forbidden to let it dry out [the Rambam's Commentary to the Mishnah (loc. cit.) 2:3; see alsoHilchot Terumah 2:8]. This explanation nullifies the Ra'avad's objections to the Rambam's ruling.
56.
Vetch refers to a species of beans generally used as cattle fodder. While they are fresh, however, they are fit for human consumption with difficulty (see ibid.:4; see also Hilchot Terumah 2:2; Hilchot Tuma'at Ochalin 1:9).
57.
Since they are not fit for ordinary human consumption, the restrictions that usually apply to produce from the second tithe were not placed upon a dough made from them. Indeed, the laws governing vetch are more lenient than those governing chilba, forchilba is frequently eaten by humans while fresh. Vetch, by contrast, is eaten only when ordinary food is not available.
The Ra'avad understands the Rambam as ruling that the restrictions are relaxed only with regard to dough made from vetch, but not with regard to vetch itself. If the actual beans were taken outside the city, they must be returned. The commentaries accept this understanding.
58.
I.e., in this context, one is considered to be outside the city.
59.
Note the parallel in Hilchot Rotzeach 8:11; see also Hilchot Ma'aser 4:16.
60.
I.e., in this context, it is considered as part of the city, because of the entrance.
61.
For neither the entrance to the home, nor this position of it is in the city.
62.
Because the entrance is the primary determinant.
63.
For in actual fact, one is within the city's walls.
64.
The commentaries note the concurrence between this ruling and that of Hilchot Beit HaBechirah 6:9, but the apparent contradiction between it and that of Hilchot Shemitah VeYoval 12:12. They conclude that there is no one general principle governing the situation and each set of laws has its own rules.
Maaser Sheini - Chapter 3
Halacha 1
A person who partakes of produce from the second tithe in a state of ritual impurity is liable for lashes,1 as [implied by Deuteronomy 26:14]: "I did not consume it in a state of impurity." [This applies] whether the produce is impure and the person partaking of it is pure or the produce is pure and the person partaking of it is impure, provided he partakes of it in Jerusalem before it is redeemed.2 For one is liable for lashes for partaking of such produce in a state of ritual impurity in a place where it is fit to partake of it. If, however, one partakes of it in a state of ritual impurity outside of Jerusalem,3 he is liable for stripes for rebellious conduct.4
Halacha 2
Once it has become impure,5 it is even forbidden to use such produce [as fuel] to kindle a lamp until it is redeemed, as [implied by]: "I did not consume it in a state of impurity."
Halacha 3
We already explained,6 that when produce from the second tithe becomes impure, it should be redeemed and eaten- even in Jerusalem.7 The proceeds [from its redemption] should [be used to purchase food that is] eaten in a state of ritual purity according to the laws governing produce from the second tithe, as will be explained.8 Even if all the produce became impure while it wastevel, one should separate the second tithe in a state of ritual impurity9 and redeem it.
Halacha 4
An uncircumcised person is considered as if he is ritually impure. If he partakes of produce from the second tithe, he is liable for lashes according to Scriptural Law as he is liable for lashes for partaking of terumah.10 [This equivalence is established, because] terumah is referred to as "holy,"11 and produce from the second tithe is referred as "holy," for [Leviticus 26:30] describes it as being "holy unto God."
Halacha 5
When a person partakes of produce from the second tithe in a Scripturally defined state of aninut,14 he is liable for lashes15 as [implied by Deuteronomy 26:14]: "I did not consume it in a state of aninut." [This applies,] provided he partakes of it in the place we are commanded to partake of it, [i.e.,] in Jerusalem.16 If, however, he partook of such produce outside Jerusalem17in a state of aninut or partook of it in Jerusalem in a Rabbinically defined state ofaninut, he is given stripes for rebellious conduct.18
Halacha 6
Who is an onain? One is mourning for one of the relatives for whom he is obligated to mourn19 on the day of their death is an onain according to Scriptural law. At night, he is an onain according to Rabbinic decree. [This is derived from Leviticus 10:19]: "If I would partake of a sin offering today, would it find favor in the eyes of God?"20 [Implied is that the day is forbidden,21 but the night is permitted.22
If the deceased remains [unburied] for several days and is not buried until afterwards, [his relatives are] onanim according to Rabbinic decree throughout the days from the day of death until the day of the burial. [The status of] the day of burial is not extended until [the following] night.23
Halacha 7
[This restriction does not apply] to the second tithe alone, [but also] to all sacrificial foods. If one partakes of them in a Scriptural state of aninut, he is liable for lashes. In a Rabbinic state of aninut, he is liable for stripes for rebellious conduct.24
Halacha 8
Produce from the second tithe, nor produce purchased with money from the second time, nor money from the redemption of the second tithe should not be given to a common person, because we operate under the assumption that he is impure.25
It is permitted to partake of produce from the second tithe that was separated from demai in a state of aninut26 and it may be given to a common person,27provided he eats [an equivalent amount of produce] in place of them.28
Produce from the second tithe should not be entrusted [to a colleague for safekeeping], not even to a chavair,29 lest he die and the produce continue in the possession of his son, who is a common person. One may, however, entrust produce from the second tithe separated from demai to a common person.
Halacha 9
It is forbidden to cause the loss of even a small amount of produce from the second tithe30 on the journey [to Jerusalem].31 Instead, one must transport it in its entirety or the proceeds [from its redemption] to Jerusalem. It is, however, permitted, to cause the loss of a small amount of produce from the second tithe separate from demai on the journey.
What is meant by a small portion? Less than the size of a dried fig,32 whether it is eaten whole or sliced. We may not, however, cause the loss of a portion the size of a dried fig.33
When a person separates a portion less than the size of a dried fig from produce from the second tithe separated from demai, he may give it to a common person34provided he eats [a comparable portion in Jerusalem] in exchange for it. At the outset, he should not set it aside to be lost, for produce should not be set aside to be lost.
Halacha 10
The produce of the second tithe may be used to eat and to drink, as [implied by Deuteronomy 14:23]: "And you shall eat before God, your Lord."35Smearing oneself is considered as drinking.36
It is forbidden to use [this produce] for any of one's other needs,37 to purchase utensils, clothes, or servants, as [ibid. 26:14] states: "I did not give from it to a corpse," i.e., I did not use it [to purchase] an object that does not maintain the body.38 If a person uses this produce for other purposes, even for a mitzvah, e.g., he uses it to purchase a coffin and shrouds for an abandoned corpse,39he must eat other food in place of it,40 according to the laws governing the second tithe.
Halacha 11
[With regard to produce from the second] tithe: One should eat produce that is normally eaten,41 drink what is normally drunk, and smear on oneself what is normally smeared. He should not smear wine or vinegar, but he may smear oil.42 He should not squeeze fruit to extract its juice with the exception of olives and grapes.43 We do not mix spices with oil, 44 but do so with wine.45
We do not require a person to eat bread that has become moldy or oil that has become rancid. Instead, as soon as it has become spoiled to the point that it is not fit for human consumption, its holiness has departed from it.46
Halacha 12
Whatever parts of produce from terumah that non-priests are permitted to eat47 may also be eaten from produce of the second tithe like ordinary produce.48 When [grape] dregs from the second tithe were placed in water,49the first [quantity of drink produce] is forbidden like the produce from the second tithe.50 The second is permitted, like ordinary produce.51 [If the produce of the second tithe was] from demai, even the first quantity is permitted.52
Halacha 13
Halacha 14
When a dough made with flour from the second tithe was baked55 and improved, the improvement is accredited to the second tithe.56 This is the general principle: Whenever the improvement57 is obvious, if the volume of the produce is increased, the improvement is judged proportionately. If the volume of the produce is not increased, the improvement is accredited to the second tithe alone. Whenever the improvement is not obvious, the improvement is attributed to the second tithe alone even when the volume is not increased.
Halacha 15
What is meant by the phrase "the improvement is judged proportionately"? Honey and spices worth a zuz fall into wine from the second tithe that is worth three [zuz], increasing its volume and improving its flavor.58 The combined worth is now five zuz, we consider the worth [for the tithes] as four and a fourth.59 Similar rules apply with regard to other substances.
Halacha 16
Halacha 17
The second tithe is considered the property of the Most High, as [Leviticus 27:30] states: "It is God's." Therefore it cannot be acquired [when given] as a present,62 unless one gives a colleague tevel and he separates the second tithe from it.
Halacha 18
What is meant by the prohibition against taking it as security? One should not enter [the debtor's] home66 and take produce from the second tithe of his as security. If one transgressed and took such produce as security, it is expropriated from him.
What is meant by the prohibition against giving it as surety? One should not tell a colleague: "Take this produce from the second tithe. Keep it in your possession and lend me money because of it."67
What is meant by the prohibition against exchanging it? A person should not tell a colleague: "Here is wine from the second tithe for you and give me oil from the second tithe."68 He may, however, tell a colleague: "Here is wine from [the second tithe] for you, but I don't have oil." If his colleague desires to give him oil, it is permitted, because he did not exchange it with him.69 He merely notified him that he lacked it. Thus if that person desired to give him, he may.
Halacha 19
We do not use produce from the second tithe as a weight for anything, even for golden dinarim.70 [This is forbidden] even to [weigh coins] onto which the holiness from other produce will be transferred.71 [This is] a decree,72[enacted] lest he balance his scales on this basis and the produce be lacking in weight.73 Thus if he uses them to weigh coins upon which to transfer the holiness of other produce from the second tithe, he will be redeeming such produce for less than its worth.
Halacha 20
When brothers divide produce from the second tithe [left them in an estate], they should not weigh them against each other.74 Similarly, coins [upon which the holiness of] the second tithe [has been transferred] should not be weighed against each other. [Such coins] should not be sold, nor exchanged, nor given as surety. One may not give them to a moneychanger to use to create an impression.75 One may not lend them to boost his image.76 It is, however, permitted to lend them so that they will not rust.
Halacha 21
We may not use [this money] to repay loans. They may not be used as wedding gifts,77 nor may they be used to repay favors.78 They may not be used to pay for charity levied upon him in the synagogue.79 One may, however, send them [as gifts] for charitable purposes.80 One must, however, [notify the recipient].81
Halacha 22
Halacha 23
In Jerusalem, a person may ask a colleague to smear oil from the second tithe upon him even though the oil also becomes smeared on the colleague's hand. This is not considered as a wage for smearing it upon him.84
Halacha 24
FOOTNOTES
1.
Sefer HaMitzvot (negative commandment 150) and Sefer HaChinuch (mitzvah 609) include this commandment among the 613 mitzvot of the Torah.
2.
For after the produce has been redeemed, it is ordinary produce.
3.
With regard to partaking of such produce outside of Jerusalem in a state of ritual purity, see the previous chapter.
4.
For the prohibition is only Rabbinic in origin. This applies even if the produce had already been brought into Jerusalem and was then removed.
5.
I.e., even though it has become impure. Before it becomes impure, it is forbidden to use it for purposes other than human consumption, as stated in Halachah 10.
6.
Chapter 2, Halachah 8.
7.
Where it is otherwise forbidden to redeem produce from the second tithe.
8.
See Halachot 10-11.
9.
I.e., we do not say that since it became impure before the second tithe was separate and thus the mitzvah associated with that produce could never be fulfilled, the mitzvah does not take effect.
10.
See Hilchot Terumah 7:10; see also Hilchot Ma'aseh HaKorbanot 10:9; Hilchot Chagigah2:1.
12.
And thus performs the act necessary to emerge from ritual impurity.
13.
A person who purified himself must wait until nightfall before partaking of terumah. This stringency does not apply with regard to partaking of produce from the second tithe.
14.
See the following halachah.
15.
Sefer HaMitzvot (negative commandment 151) and Sefer HaChinuch (mitzvah 608) include this commandment among the 613 mitzvot of the Torah.
The Rambam explains why he considers this a negative commandment in General Principle 8 of Sefer HaMitzvot, saying that whenever the Torah requires us to declare that we did not perform a specific activity, the performance of that activity is forbidden by Scriptural Law. The Ramban does not accept this principle as he states in hisHasagot.
16.
The Kessef Mishneh explains that this concept is derived from the prohibition against partaking of the second tithe in a state of ritual impurity which is mentioned in Halachah 1. Since the two prohibitions are mentioned in sequence by the Torah, we can assume that they share the same laws.
17.
Even if the produce had passed through Jerusalem previously.
18.
For his actions involve either the violation of a positive Scriptural command or a Rabbinic ordinance.
19.
A person's mother, father, son, daughter, paternal brother and paternal sister (Hilchot Evel 2:1).
20.
Aaron asked this rhetorical question after Moses rebuked him for not partaking of the sin offering on the day of the dedication of the Sanctuary. Aaron was explaining that since his sons had died that day, it would not be appropriate for him to partake of a sin offering that day.
21.
For the verse states today.
22.
I.e., according to Scriptural Law; it is, however, forbidden by Rabbinic decree as above.
23.
I.e., even according to Rabbinic Law, the laws of aninut do not apply.
24.
See Hilchot Bi'at HaMikdash 2:9-10. SeeSefer HaMitzvot (negative commandment 151) which explains that the prohibition is included in this Scriptural commandment.
25.
And it is forbidden to cause produce from the second tithe to contract ritual impurity.
26.
Even in a state of Scriptural aninut.
27.
Although it may contract ritual impurity. The produce may not, however, be eaten in a state of ritual impurity until it is redeemed. The amount that may be given to a common person is, however, quite small, as stated in the following halachah.
28.
I.e., he must separate an equivalent amount of produce from his possessions and partake of it according to the strictures of the second tithe. He is thus transferring the holiness of the first batch of produce to the second [the Rambam's Commentary to the Mishnah (Demai 1:2)]. Since the obligation to separate the second tithe from demai is Rabbinic in origin, certain leniencies are allowed.
29.
The Ra'avad protests the Rambam's ruling. The Radbaz and the Kessef Mishnehexplain that their disagreement stems from two different versions of the Tosefta(Ma'aser Sheni 4:3).
30.
This is referring to an instance where we are certain that the second tithe was not separated from the produce beforehand in contrast to the second tithe that was separated from demai.
31.
In order to prevent this from happening, the Torah gave the option of redeeming the produce, as will be explained.
32.
See Hilchot Shabbat, chs. 8, 9, 18, which mention this measure as significant with regard to food (Kessef Mishneh).
33.
The Ra'avad is more lenient and maintains that a larger amount, a portion the size of an egg, can be given to a common person. The Radbaz and the Kessef Mishneh explain that the difference in the two opinions depends in a textual difference in their versions of Jerusalem Talmud (Demai 2:1), the source for the Rambam's ruling.
34.
Here also, the Ra'avad is more lenient and maintains that a larger amount, a portion the size of an egg, can be given to a common person. The Radbaz and the Kessef Mishneh explain that in this instance as well, the difference in the two opinions depends in a textual difference in their versions of the above source.
35.
And drinking is included in eating (Yoma76b). In his Commentary to the Mishnah (Ma'aser Sheni 2:1), the Rambam also citesDeuteronomy 14:26 which speaks about using the money from the redemption of the produce from the second tithe to purchase meat, oil, and wine.
36.
In his Commentary to the Mishnah (ibid.), the Rambam cites the Jerusalem Talmud (Ma'aser Sheni 2:1) derives the permission to use oil from the second tithe for smearing as follows: It is forbidden to use oil for a corpse. Now what would oil be used for a corpse? To smear on it. Thus we can infer that it is permitted to use oil to smear on a living person. Others note that smearing oneself is frequently equated with drinking. See Hilchot Sh'vitat Esor 1:4-5; Hilchot Terumot 11:1.
37.
Sefer HaMitzvot (negative commandment 152; see also General Principle 8) and Sefer HaChinuch (mitzvah 610) include this commandment among the 613 mitzvot of the Torah.
38.
In his Commentary to the Torah, the Ramban objects to the Rambam's interpretation of this verse, but the Kessef Mishneh justifies it.
39.
The literal translation of the Rambam's words is "a corpse [that it is] a mitzvah [to bury]. As explained in Hilchot Evel 3:5, this refers to a corpse that is abandoned on the road without anyone to bury it.
40.
I.e., he is not liable for lashes, because he can correct the transgression by purchasing food worth the value of the produce and eating it in place of that produce (Radbaz). This applies if the seller is no longer present or he cannot return the money. If, however, he can return the money, he must, as stated in Chapter 7, Halachah 16.
41.
In his Commentary to the Mishnah (Ma'aser Sheni 2:1), the Rambam explains that this phrase implies an exclusion: Something that is normally eaten must be eaten. We cannot benefit from it in another manner. The examples the Rambam proceeds to give reflect how foods are used for functions other than their primary purpose. See alsoHilchot Shemitah 5:2-3.
42.
Even though oil is primarily used as food, it is also common to smear it on one's flesh (Radbaz). Wine or vinegar, by contrast, are generally not applied as ointments.
43.
For producing juice from other fruits is not considered the ordinary way of befitting from this produce. See also Chapter 9, Halachah 3; Hilchot Terumot 11:3; Hilchot Tuma'at Ochalin 1:5.
44.
For this spoils the oil's taste and thus reduces the amount of people who would partake of it [The Rambam's Commentary to the Mishnah (loc. cit.)].
45.
For this enhances the wine's taste.
46.
In his Commentary to the Mishnah (loc. cit., the Rambam explains that this concept is also derived from the phrasing of that Mishnah: "To eat what is normally eaten." Since this food has spoiled, it is not "normally eaten."
47.
I.e., parts of the plant that are not usually eaten. See Hilchot Terumah 11:10-13 for examples.
48.
I.e., it need not be eaten in Jerusalem, nor in a state of ritual purity.
49.
To impart their flavor to the water.
50.
For it is considered as if a significant amount of the fruit was imparted to the water.
51.
Because it does not contain a significant amount of the fruit.
52.
Since there is a doubt whether the produce is really from the second tithe, we do not impose this stringency.
53.
That were ordinary produce.
54.
As explained in Halachah 15.
55.
With ordinary wood [the Rambam's Commentary to the Mishnah (Ma'aser Sheni2:1)].
56.
I.e., if one seeks to redeem the bread, one must pay its full value, even though as dough it was worth far less. The rationale is that its flavor is enhanced, but not its measure.
57.
In the taste of the produce.
The Ra'avad has protested this ruling based on the Jerusalem Talmud (Ma'aser Sheni2:1). Indeed, the ruling is difficult to understanding because it runs contrary to the Rambam's commentary on the Mishnah that serves as the source for the Jerusalem Talmud.
To explain: The Mishnah states: "This is the general principle: Whenever the improvement is obvious, the improvement is judged proportionately. Whenever the improvement is not obvious, the improvement is accredited to the second [tithe]."
The Rambam comments: "I.e., the entity that was improved had its weight... and volume increased, it is not [merely] that the effect of the ordinary produce increased the quality of the produce from the second tithe."
The Jerusalem Talmud cites the following difference of opinion between Rabbi Yochanan and Reish Lakish in connection with our Mishnah:
Rabbi Yochanan says: "Whenever the volume of the produce has increased, the increase is proportionate. Whenever the volume has not increased, the increase is accredited to the second tithe."Reish Lakish says: "Whenever the improvement in flavor is obvious, the increase is proportionate. Whenever the improvement in flavor is not obvious, the increase is accredited to the second tithe."
Now the general rule is that whenever there is a difference of opinion between Rabbi Yochanan and Reish Lakish, the halachah follows Rabbi Yochanan. The Radbaz and the Kessef Mishneh understand Rabbi Yochanan to be explaining and amplifying the Mishnah, stating that the improvement must be both in flavor and in size, while Reish Lakish maintains that an improvement in flavor is also sufficient.
58.
Thus meeting the two requirements mentioned above.
59.
The Ra'avad objects to the Rambam's ruling and states that four zuz minus a fourth should be considered as the second tithe. Some commentaries suggest that there is a printing error and the Rambam also agrees with this ruling. "According to that version, the reckoning is straightforward. The zuz of increase is divided proportionately according to the ratio of the original value of the substances.
The Kessef Mishnehmaintains the present text of the Mishneh Torah and explains as follows: When everything belongs to one person, three ands three quarters zuz are considered as the second tithe as the Ra'avad maintains. When, however, the honey and spices belong to two people, the value of the entire mixture is considered as four and a fourth zuz. One and a fourth is given to the owner of the honey. Thus the owner of the wine has three and three fourths zuz worth which he must eat in accordance with the laws of the second tithe. Note the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:1) which follows these same principles, but describes the situation differently.
60.
As stated in Halachah 10.
61.
But rather as food, or for smearing that is pleasurable like eating (Radbaz). Note the parallel in Hilchot Shemitah 5:11.
62.
The Rambam is not saying that it may not be given as a present, because a person may give produce from the second tithe tithe to a colleague. Nevertheless, the recipient does not acquire that produce as his own. Instead, it is as if he is a guest of the giver, partaking of his property. More particularly, it is as if the recipient is partaking of God's property.
63.
Indeed, if one attempts to consecrate a woman with such produce, the consecration is not effective, for the money used to consecrate a woman must belong to the husband (Hilchot Ishut 5:4,6).
64.
See the following halachah for examples of all these prohibitions.
65.
For an exchange is equivalent to a sale [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:1)].
66.
See Hilchot Loveh UMalveh 3:7 which describes when a creditor can enter the debtor's home to collect security.
67.
In contrast to the previous instance, this is referring to security willingly given by the debtor to the creditor.
68.
I.e., the exchange is forbidden even if he receives produce from the second tithe in return. The Mishnah (Ma'aser Sheni 1:1)] states that such an exchange is forbidden even in Jerusalem where the produce would be eaten.
69.
For the recipient of the wine is under no obligation to provide the giver with oil or anything else.
70.
For this is deprecating to the holiness of the second tithe [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:1)].
71.
I.e., one knows the weight of the produce and one uses it in order to weigh the golden coins onto which the holiness from other produce from the second tithe will be transferred.
72.
I.e., one might think that this is permitted for after all, he is using the produce from the second tithe for a mitzvah, to enable him to transfer the holiness of other produce.
73.
I.e., the produce may dry out, be eaten by mice, or spoil, and thus weigh less than the owner thought (Rav Yosef Corcus).
74.
The Ra'avad differs with the Rambam and maintains that this is permitted. The Kessef Mishneh states that the passage which the Ra'avad uses as a source can be explained differently. Nevertheless, he questions the rationale for the Rambam's ruling.
75.
I.e., to stack them on his table so that he will appear to have an active business.
76.
One gives the loan only for appearance sake - to create an impression that he is wealthy - and the borrower returns it immediately.
77.
It was customary for a person's friends to give him money as wedding gift and for him to repay the favor when the friends married. See Hilchot Zechiyah UMatanah, ch. 7, for a detailed explanation. This is forbidden, because the present is considered as a loan.
78.
I.e., a person invited a colleague for a meal with the expectation that the colleague return the favor (P'nei Moshe, the Jerusalem Talmud, Demai 3:1). Produce from the second tithe cannot be used for such meals, for it is like an exchange.
79.
For he will be paying an obligation levied upon him with funds belonging to God (ibid.).
80.
As long is the donor is not obligated to make these payments.
81.
So that he will use it as required for money from the second tithes.
82.
That would be forbidden because it would be equivalent to using the produce from the second tithe to pay his debt.
83.
Hinting at such an arrangement without specifically mentioning it.
84.
This is permitted, because the oil smeared on his hand is not financially significant [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:2)]. Nevertheless, a non-priest is not to put oil which is terumah on his hand to smear it on a priest. The difference between the two situations is that there is no prohibition against having a colleague use oil from the second tithe, while a non-priest is not allowed to benefit from terumah.
85.
Halachah 17.
86.
These are the penalties one would be required to pay for taking a person's individual property. The thief is, however, required to return the principal. See Hilchot Geneivah 2:1.
87.
The consecration is effective. Since the person has the right to partake of the produce, that right has monetary value and hence may be consecrated. See Chapter 7, Halachah 19, with regard to dedicating the second tithes for the purchase of sacrifices.
88.
I.e., not necessarily the owner, for anyone can redeem consecrated property. The owner, however, must add a fifth (seeHilchot Arachin 7:2-4). Similarly, when a person redeems produce from the second tithe that belongs to him, he must add a fifth, as stated in Chapter 5, Halachah 1. See Radbaz.
Maaser Sheini - Chapter 4
Halacha 1
A person who desires to redeem produce from the second tithe should1redeem it according to its worth2 and say: "These coins3 take the place of this produce" or "The holiness of this produce is transferred to these coins."
If he did not make such an explicit statement, but merely set aside the coins equivalent to [the value of] the produce, it is sufficient. He need not make an explicit statement.4
The produce then is considered ordinary produce and the coins must be taken to Jerusalem and spent there,5 as [Deuteronomy 14:23] states: "When the journey will be too great for you, because you cannot transport it...."
Halacha 2
Similarly, if a person desires to transfer the holiness of produce from the second tithe to other produce, he should bring the other produce6 to Jerusalem and eat it there. He should not transfer the holiness of produce from one species to produce from another species,7 nor from high quality produce from one species to lower quality produce even if it is of the same species. If, however, he transferred the holiness of produce in these instances, the transfer is effective.
Halacha 3
A person who redeems produce from the second tithe should recite a blessing:8 "[Blessed are You...] who sanctified us with His commandments and commanded us concerning the redemption of the second tithe." If he transferred the holiness to other produce or he transferred the holiness of money to produce,9 he should recite the blessing: "...concerning the transfer of the holiness of the second tithe."10 A person who redeems or transfers the holiness of demai need not11 recite a blessing.12
Halacha 4
When one redeems produce from the second tithe, he should not redeem it as the second tithe, but rather as ordinary produce. He should say: "How much is this ordinary produce worth." [This applies] even if everyone knows that the produce is from the second tithe, so that it will not be disgraced.13
Halacha 5
The holiness of coins [used to redeem produce from] the second tithe should not be transferred to other coins.14 [This applies] whether both sets of coins were silver or both were brass, the first set was silver and the second brass, or the first set was brass and the second silver. If one transgressed and transferred the holiness, the transfer is effective.15
Halacha 6
[Outside of Jerusalem,] the holiness of money of the second tithe should not be transferred to produce. If such a transfer was made, the produce should be brought to Jerusalem and eaten there.16 [Similarly, the holiness of money from the second tithe] should not be transferred to living domesticated animals, beasts, or fowl. If one [attempted to] make such a transfer, the holiness of the second tithe is not transferred. [This is a decree,]17 lest one raise them in herds. If one transferred the [holiness of such funds] to animals that were slaughtered, they are considered as produce. They must be brought to Jerusalem and eaten there and the money is considered as ordinary funds.18
Halacha 7
Halacha 8
Halacha 9
The produce from the second tithe may only be redeemed23 for silver, as [implied by Deuteronomy 14:25]: "And you shall bundle the silver." Similarly, if a person redeems the silver for himself and adds a fifth,24 that fifth must be silver like the principal.25
One should not use uncoined silver for the redemption [of the second tithe]. Instead, one must use silver imprinted with an image or with writing.26 If one [attempted to] redeem [produce from the second tithe] with silver bullion or the like - this is referred as an asimon - his actions are of no consequence. We may not redeem [produce from the second tithe] with [a coin less valuable] than a p'rutah,27 because this is considered as redeeming with an asimon.
Halacha 10
We may not redeem [produce from the second tithe] with a coin that is not legal tender in that place and at that time,28 as [implied by ibid.:26]: "And you shall exchange the silver for anything your heart desires." [Implied is that the silver] must be fit for exchange.29 A coin minted by kings of an earlier era30may be used for redemption if it is still circulated as currency.
Halacha 11
We may not redeem [produce from the second tithe] with coins that are not in one's possession,31 as [implied by] the verse: "And you shall bundle the silver in your hand."32 If a person's pouch fell into a cistern, but it is possible for him to remove it from there, he may use [the coins in] it for redemption,33 for it is [still] in his domain.
Halacha 12
[The following rules apply when] one was traveling on the road, carrying money, and a man of force was approaching him.34 If he could save [his money, even] with difficulty, he can use it to redeem produce of the second tithe in his home.35 If he cannot, and he says: "The holiness of the produce that is in my house is transferred to this money," his statements are of no consequence.
Halacha 13
When a person sets aside money upon which to transfer the holiness of produce from the second tithe, he may [continue to] redeem his produce under the assumption that the money exists in his possession. If he discovers that the money has been lost, he must be concerned about all the produce that he redeemed with that money.36
Halacha 14
When a person located in Tiberias has money in Babylonian coinage in Babylon, he may not transfer the holiness [of the produce of the second tithe] to them.37If, by contrast, [although he is in Tiberias,] he possesses money of Tiberian coinage in Babylon, he may transfer the holiness [of the produce of the second tithe] to them.38 Similarly laws apply in all analogous situations.
Halacha 15
When a person says: "The holiness of produce from the second tithe is transferred to the first sela that I will take out of this wallet," "...on the sela I will receive when I exchange this golden dinar," "...on the pundiyon39 I will receive when I exchange this sela, the transfer is effective.40 The sela that he will take out or receive in exchange is money of the second tithe.
Halacha 16
When a person says: "The holiness of the produce of the second tithe is transferred to the sela in my son's possession, the holiness is not transferred. Perhaps the sela was not in his possession at that time.41
Halacha 17
When a person redeems the produce from the second tithe before he separates it, e.g., he says: "The second tithe of this produce42 is redeemed with this money," his statements are of no consequence and the tithes have not been defined. If, however, he says: "The second tithe from this produce is in its northern portion" or "...in its southern portion43 and its holiness is transferred to this money," the redemption is effective.
Halacha 18
When the produce of the second tithe is redeemed, it should be redeemed for its fair value.44 One may, however, value it at the buying price, i.e., what the storekeeper would pay if he purchased it and not the price he would charge if he sold it.45 Similarly, he may pay money according to the rate that a moneychanger would pay and not according to the rate he would charge.46 If a person transgresses and redeemed [produce] worth a maneh47 with [a coin] worth a p'rutah, the holiness [of the produce] is transferred.48
Halacha 19
[The following laws apply if] a sela was lacking a sixth or less [than its weight].49 If it would be accepted [in business dealings even] with difficulty, one may transfer the holiness a sela's worth [of produce of the second tithe] to it without concern.50 If one redeemed [produce] with a sela and it was discovered to be unacceptable,51 he should exchange it.52
Halacha 20
One should not redeem produce from the second tithe by estimation.53Instead, one should be precise concerning its volume or its weight and give their value. If the value [of the produce] was known,54 he may redeem it in the presence of only one person.55 If its value was not known, e.g., wine that had begun turning into vinegar,56 produce that spoiled, or coins that corroded, he should redeem them according to the appraisal of three merchants.57 [It is acceptable] even if one of them is a gentile or the owner of the produce58 of the second tithe. It is even acceptable to redeem [produce] based on the appraisal of a man and his two wives.59We compel the owner to make the first bid [to redeem the produce].60 This is a stringency applied with regard to produce from the second tithe over consecrated property.61
Halacha 21
We should not transport produce62 from the second tithe from one place to another to redeem it there. When a person transports produce from a place where it is expensive to a place where it is inexpensive should redeem it according to its value in the place he is redeeming it. If it is demai,63 we may redeem it at the inexpensive price, since it was possible to sell it at that price.
FOOTNOTES
1.
Although there is a difference of opinion concerning this manner in the Mishnah (Ma'aser Sheni 4:7), the variance in views applies only after the fact. According to all views, the initial and preferable option is for him to make an explicit statement.
2.
See Halachah 18 and Chapter 2, Halachah 2.
3.
The coins need not be in front of him when he makes the declaration. As long as they are within his possession, it is acceptable. See Halachot 11-13.
4.
For the circumstances clarify the nature of his intent [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:7)].
In some printings of the Mishneh Torah, there is a note (which some ascribe to the Ra'avad) that states that for the redemption to be acceptable when he does not make an explicit statement, he must have been involved with the matter beforehand. Rav Yosef Corcus discusses this issue at length, noting that this is indeed the law with regard to the consecration and divorce of a woman (Hilchot Ishut 3:8, Hilchot Gerushin 1:11). He makes two distinctions regarding the situations:
a) in contrast to consecration and divorce, setting aside money for produce from the second tithe is a self-explanatory act; the intent is directly obvious;
b) consecration and divorce must be observed by witnesses. Hence, one must make his intent clear to them. There is no such obligation with regard to the redemption of produce. The Shulchan Aruch (Yoreh De'ah 31:136) quotes the Rambam's ruling.
5.
To purchase food. See Chapter 7, Halachah 3.
6.
The original produce, by contrast, is now considered as ordinary produce and can be eaten anywhere. The Ra'avad differs and maintains that the transfer is not effective, for he maintains that the holiness of the produce from the second tithe can only be transferred to money. Nevertheless, as a stringency, he maintains that the second batch of produce must also be taken to Jerusalem. The Radbaz and the Kessef Mishneh justify the Rambam's ruling.
7.
The Ra'avad differs with the Rambam on this issue as well and again the commentaries justify the Rambam's position.
8.
Before separating the produce.
9.
See Halachah 6.
10.
In continuation of his comments on the previous halachah, the Ra'avad states that a blessing should not be recited. Since the person is not allowed to transfer the holiness of the produce in this manner, he should not recite a blessing.
11.
Indeed, he should not, lest he be taking God's name in vein.
12.
Because there is no definite Scriptural obligation incumbent on this produce.
13.
Produce from the second tithe is sold for a lower price than ordinary produce, because restrictions apply with regard to its consumption. Hence, if produce from the second tithe is offered for evaluation and its identity is known, people will look at it less favorably. The Kessef Mishneh questions this rationale, noting that once this produce is redeemed, there is no difference between it and ordinary produce and hence, its price should not be reduced. He explains that, nevertheless, since it originally was from the second tithe, it is still viewed less favorably.
The Ra'avad differs with the Rambam's ruling and maintains that such a ploy is not necessary. The commentaries follow the Rambam's view.
14.
The Radbaz and the Kessef Mishneh state that the Rambam derives this from the fact that Demai 1:2 states that such a redemption may be made with coins upon which the holiness of the second tithe ofdemai had been transferred. Implied is that if we are certain that the produce is from the second tithe, no such redemption can be made. See the Rambam's Commentary to that mishnah where he states that the concept is derived from Deuteronomy 14:25which states: "And you shall exchange it for silver and you shall bundle the silver," i.e., the silver originally used for the redemption must be the silver taken to Jerusalem.
See the conclusion of Chapter 5 and the beginning of Chapter 6 which mentions some exceptions to this general principle.
15.
See also Halachah 7 which states that redemption may be made in a pressing situation.
16.
I.e., if the produce was purchased intentionally with money of the second tithe. See Chapter 7, Halachot 1, 15.
17.
I.e., our Sages rescinded the transfer of the holiness to the animal for the reason stated (Sukkah 40b).
18.
See Chapter 7, Halachah 16.
19.
E.g., the situation described in Chapter 6, Halachah 2. This example is also discussed by the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:6).
20.
I.e., one should not leave the brass coins in a state of holiness (ibid.). Among the reasons silver coins are preferred is that they are more prestigious and they do not corrode.
21.
Since the separation of the second tithe fromdemai is merely a Rabbinic stringency, our Sages granted leniency in its application.
22.
I.e., its holiness should not be transferred back to coins.
23.
The Radbaz distinguishes between pediah, "redemption," which requires coined silver, and chillul, "the transfer of holiness." The latter does not required coinage at all.
24.
As required by Chapter 5, Halachah 1.
25.
See parallels in Hilchot Terumah 10:15;Hilchot Arachin 7:2.
26.
This is also derived from the above prooftext. Vitzarta, translated as "you shall bundle," relates to the word tzurah meaning "form" or "image." Thus the prooftext is implying that one may redeem produce from the second tithe with silver with an imprint [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:2); based on Bava Metzia47b].
27.
A p'rutah is a copper coin of minimal value. One may not use a silver coin less valuable than this copper coin. The rationale is that its minimal value causes it to be considered as uncoined silver (Radbaz; Kessef Mishneh).
28.
I.e., it has an imprint and was once issued by a government as currency, but is no longer accepted by the present ruling authorities.
29.
The Rambam mentions this interpretation of the verse in his Commentary to the Mishnah (loc. cit.). The commentaries have not cited a common prior Rabbinic source. See, however, Midrash HaGadol and Midrash Tana'im.
30.
But which is no longer being minted at present.
31.
E.g., his pouch fell into the sea, in which instance, his coins are no longer accessible to him (Bava Kama 98a).
32.
The word "yadecha," translated as "your hand," can also be interpreted as "your domain." That is the intent here, because the money need not actually be in one's hand. As long as they are in one's domain, and they are accessible, it is acceptable, as evident from this and the subsequent halachot.
33.
The cost of recovering the coins must, however, be deducted before one uses the money to redeem produce [the Jerualem Talmud (Ma'aser Sheni 1:2)].
34.
And he is certain that he will rob him.
35.
I.e., the person knows that he will lose his money. Hence, rather than forfeit it without receiving anything for it, he decides that it is preferable for him to use it for something - to redeem his produce. The Kessef Mishnehmaintains that the Rambam is not stating that, a priori, he may use the money to redeem his produce. Instead, the intent is that after the fact if he redeems the produce with this money, after the fact, the redemption is effective.
36.
I.e., he must operate under the premise that the money was lost immediately after he saw it last and all the produce that he sought to redeem from that time onward was thus not redeemed. See Hilchot Ma'aser 7:4, however, which mentions a similar situation with regard to tithing produce and rules that although the produce must be tithed again, the status of that tithing is only doubtful.
37.
I.e., the Rambam's perspective is that in these instances, there are two negative factors: a) the coinage is not legal tender in the place where he is located; b) he does not have the money at hand. Hence, he cannot redeem the produce of the second tithe with it.
38.
Because there is only one difficulty, that the person is not located in the same place as the money, the money is not disqualified.
The Ra'avad differs with the Rambam and maintains that there is only one significant factor, whether the money is legal tender in the place it is located. The Radbaz and theKessef Mishneh discuss the two views at length.
39.
All of the italicized terms are coins used in the Talmudic era.
40.
In all these instances, the transfer of holiness is effective even though the coin was not singled out at the time when the declaration was made. Nevertheless, the transfer of holiness is not effective retroactively, i.e., we do not say that once the coin is taken, the transfer of holiness takes effect from the time the declaration was made.
The above follows the explanation given by Rav Yosef Corcus who notes that the Rambam (Hilchot Terumot 1:21) does not accept the principle of bereirah with regard to questions of Scriptural Law. The Radbaz explains that this explanation is not necessary, because the Rambam rules that the obligation to separate the second tithe in the present age is Rabbinic in origin.
41.
Even if the coin was later discovered in the son's possession, the transfer of holiness is not effective, because we do not know whether it was in his possession at the time the declaration was made (Rashas). One might conclude that if one knows that the coin was in the son's possession at the time of the declaration, the separation is effective.
42.
Which he has not yet separated.
43.
Making such a statement is equivalent to separating the second tithe. Note the parallels in Hilchot Terumah 3:8.
44.
I.e., at the time the Temple was standing; alternatively, in the present age, as an expression of piety (Chapter 2, Halachah 2).
45.
I.e., the storekeeper obviously sells the produce for a higher price than the price at which he purchases it.
46.
In his Commentary to the Mishnah (Ma'aser Sheni 4:2), the Rambam explains that a moneychanger will take 25 me'ah for a sela, but will only give 24. If the produce is worth asela, the person redeeming it need not pay more than 24.
47.
100 large silver pieces.
48.
Bava Metzia 57a makes such a statement with regard to consecrated property (seeHilchot Arachin 7:8). The Rambam draws the parallel since the laws governing consecrated property are more stringent than those governing the second tithe.
49.
In previous eras, the minting of coins was less precise and it was possible that a coin would weigh slightly less than the standard weight for it. Alternatively, wear and tear could have reduced its weight.
50.
This is also a leniency, for in ordinary business dealings one would have to reimburse the other party for the difference in value (Hilchot Mechirah 10:12).
51.
I.e., its worth is more than a sixth less than the value of a sela.
52.
Transferring the holiness from it to a coin of fair value. There is no difficulty with the original transfer of holiness from the produce to the coin, for - after the fact - as long as a coin is worth a p'rutah, the transfer of holiness to it is effective as stated in the previous halachah.
53.
For as stated above, the initial preference is to redeem the produce of the second tithe at its fair market price. That can only be established after its measure is known.
54.
I.e., we are speaking about ordinary produce that has a fixed market value.
55.
Because in such an instance, it is not necessary to evaluate its worth.
56.
Which is still valuable, but is not as valuable as ordinary wine and hence, must be assessed, for once the produce has started to spoil, its value is not a cut-and-dry matter [the Rambam's Commentary to the Mishnah Talmud (Ma'aser Sheni 4:2)].
57.
For they will be able to assess the true value of the produce.
58.
Two gentiles or two owners, however, are not acceptable [Jerusalem Talmud (Ma'aser Sheni 4:2)].
59.
Sanhedrin 14b relates that Rav Papa's wife help evaluate his produce.
60.
Because the owner must add a fifth.
61.
The Rambam's ruling is based on his version of the Tosefta, Ma'aser Sheni 3:3. The Ra'avad maintains that the proper version of that source is: "We compel him to make the first bid. If he desires to retract he may. This is the stringency of consecrated property over the second tithes." TheKessef Mishneh notes that this is indeed the version of the Tosefta commonly followed. There is an added difficulty with the Rambam's ruling, because in all instances of consecrated property, he requires the owner to make the first bid. See Hilchot Arachin, ch. 5, in contrast to the statements of Radbaz here.
62.
By contrast, money to which the holiness of the second tithe has been transferred may of course be transported.
63.
In which instance, leniency is allowed, because the obligation is of Rabbinic origin.
64.
The price of produce is a town is always higher than their price in the field, because someone had to undertake the transportation costs. See the Rambam's Commentary to the Mishnah (Ma'aser Sheni2:1)].
65.
I.e., they are included in the price of the produce of the second tithe. The rationale is that until the produce is redeemed, any increase in its value is considered part of the produce. Just like he is obligated to bring the produce to Jerusalem, he is obligated to do anything to facilitate its being brought to Jerusalem, including bringing it to a place where it is redeemed.
Today's Hayom Yom
Shabbat, April 2, 2016 - 23 Adar II, 5776
Tuesday Adar Sheini 23 5703
Torah lessons: Chumash: Sh'mini, Shlishi with Rashi.
Tehillim: 108-112.
Tanya: To be sure (p. 181)...and expansion. (p. 183).
My father once said to a Rav,1 who labored in avoda and was an especially diligent scholar: A Rav must remember at all times and at every moment that he always stands on the threshold between being one of those who bring merit to the public and, G‑d forbid, one of those who cause the public to sin - the threshold between the loftiest of heights and the most abysmal depth. All issues must touch him at the innermost core of his soul, literally, because his very soul is at stake.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
FOOTNOTES
1."Senior Rabbi"; a practising Halachic (Torah-law) authority in a congregation, city. etc.
Daily Thought:Time Control
When you take control of your life, the first place to start is with Time: Where have your placed the hours of your day?
But you cannot control Time until you first take control of yourself: Where have you placed your heart, your mind and your soul? What is important to you? Why have you entered this world?
When your time for study, time for prayer, time for family, time for the world are anchored with all your being, then all the winds of the world cannot budge them from their proper place. And your soul, as well, remains affixed to its path.
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