Torah Reading
Fast: Exodus 32:11 Moshe pleaded with Adonai his God. He said, “Adonai, why must your anger blaze against your own people, whom you brought out of the land of Egypt with great power and a strong hand? 12 Why let the Egyptians say, ‘It was with evil intentions that he led them out, to slaughter them in the hills and wipe them off the face of the earth’? Turn from your fierce anger! Relent! Don’t bring such disaster on your people! 13 Remember Avraham, Yitz’chak and Isra’el, your servants, to whom you swore by your very self. You promised them, ‘I will make your descendants as many as the stars in the sky; and I will give all this land I have spoken about to your descendants; and they will possess it forever.’” 14 Adonai then changed his mind about the disaster he had planned for his people.; Exodus 34:1
(v) Adonai said to Moshe, “Cut yourself two tablets of stone like the first ones; and I will inscribe on the tablets the words that were on the first tablets, which you broke. 2 Be ready by morning; in the morning you are to ascend Mount Sinai and present yourself to me on the top of the mountain. 3 No one is to come up with you, and no one is to be seen anywhere on the mountain; don’t even let the flocks or herds feed in front of this mountain.” 4 Moshe cut two stone tablets like the first. Then he got up early in the morning and, with the two stone tablets in his hands, ascended Mount Sinai, as Adonai had ordered him to do.
5 Adonai descended in the cloud, stood with him there and pronounced the name of Adonai. 6 Adonai passed before him and proclaimed: “YUD-HEH-VAV-HEH!!! Yud-Heh-Vav-Heh [Adonai] is God, merciful and compassionate, slow to anger, rich in grace and truth; 7 showing grace to the thousandth generation, forgiving offenses, crimes and sins; yet not exonerating the guilty, but causing the negative effects of the parents’ offenses to be experienced by their children and grandchildren, and even by the third and fourth generations.” 8 At once Moshe bowed his head to the ground, prostrated himself 9 and said, “If I have now found favor in your view, Adonai, then please let Adonai go with us, even though they are a stiffnecked people; and pardon our offenses and our sin; and take us as your possession.”
(vi) 10 He said, “Here, I am making a covenant; in front of all your people I will do wonders such as have not been created anywhere on earth or in any nation. All the people around you will see the work of Adonai. What I am going to do through you will be awesome!
Fast Day - Minchah: Isaiah 55:
6 Seek Adonai while he is available,
call on him while he is still nearby.
7 Let the wicked person abandon his way
and the evil person his thoughts;
let him return to Adonai,
and he will have mercy on him;
let him return to our God,
for he will freely forgive.
8 “For my thoughts are not your thoughts,
and your ways are not my ways,” says Adonai.
9 “As high as the sky is above the earth
are my ways higher than your ways,
and my thoughts than your thoughts.
10 For just as rain and snow fall from the sky
and do not return there, but water the earth,
causing it to bud and produce,
giving seed to the sower and bread to the eater;
11 so is my word that goes out from my mouth —
it will not return to me unfulfilled;
but it will accomplish what I intend,
and cause to succeed what I sent it to do.”
12 Yes, you will go out with joy,
you will be led forth in peace.
As you come, the mountains and hills
will burst out into song,
and all the trees in the countryside
will clap their hands.
13 Cypresses will grow in place of thorns,
myrtles will grow instead of briars.
This will bring fame to Adonai
as an eternal, imperishable sign.
56:1 Here is what Adonai says:
“Observe justice, do what is right,
for my salvation is close to coming,
my righteousness to being revealed.”
2 Happy is the person who does this,
anyone who grasps it firmly,
who keeps Shabbat and does not profane it,
and keeps himself from doing any evil.
3 A foreigner joining Adonai should not say,
“Adonai will separate me from his people”;
likewise the eunuch should not say,
“I am only a dried-up tree.”
4 For here is what Adonai says:
“As for the eunuchs who keep my Shabbats,
who choose what pleases me
and hold fast to my covenant:
5 in my house, within my walls,
I will give them power and a name
greater than sons and daughters;
I will give him an everlasting name
that will not be cut off.
6 “And the foreigners who join themselves to Adonai
to serve him, to love the name of Adonai,
and to be his workers,
all who keep Shabbat and do not profane it,
and hold fast to my covenant,
7 I will bring them to my holy mountain
and make them joyful in my house of prayer;
their burnt offerings and sacrifices
will be accepted on my altar;
for my house will be called
a house of prayer for all peoples.”
8 Adonai Elohim says,
he who gathers Isra’el’s exiles:
“There are yet others I will gather,
besides those gathered already.”
Today's Laws & Customs:• Fast of Esther
A fast is observed today by all adults (i.e., over bar or bat mitzvah age) in commemoration of the three-day fast called at Esther's behest before she risked her life to appear unsummoned before King Achashveirosh to save the Jewish people from Haman's evil decree (as related in the Book of Esther, chapter 4). The fast also commemorates Esther's fasting on the 13th of Adar, as the Jews fought their enemies (see "Today in Jewish History"). No food or drink is partaken of from daybreak to nightfall. Pregnant or nursing women or people in ill health are exempted from fasting.
• Giving of "Half Coins"
In commemoration of the half shekel contributed by each Jew to the Holy Temple -- and which the Talmud credits as having counteracted the 10,000 silver coins Haman gave to King Ahasuerus to obtain the royal decree calling for the extermination of the Jewish people -- it is customary to give three coins in "half denomination" (e.g., the half-dollar coins) to charity on the afternoon of the Fast of Esther. (In many synagogues, plates are set out with silver half-dollars, so that all could purchase them to use in observance of this custom).
Links: Parshat Shekalim; the mystical significance of the half-shekel
• Read Megillah Tonight
The festival of Purim begins at nightfall tonight, and the Megillah (Book of Esther) is read for the first time this evening. See entries for tomorrow, Adar 14.
(Except for Jerusalem and other ancient walled cities, where the festival is observed beginningtomorrow night--see entries for Adar 15.)
Today in Jewish History:
• War Against Enemies of the Jews in Persian Empire (356 BCE)
On the 13th of Adar of the year 3405 from creation (356 BCE), battles were fought throughout the Persian Empire between the Jews and those seeking to kill them in accordance with the decree issued by King Achashveirosh 11 months earlier. (Achashveirosh never rescinded that decree; but after the hanging of Haman on Nissan 16 of the previous year, and Queen Esther's pleading on behalf of her people, he agreed to issue a second decree authorizing the Jews to defend themselves against those seeking to kill them.) 75,000 enemies were killed on that day, and 500 in the capital, Shushan, including Haman's ten sons (Parshandata, Dalfon, Aspata, Porata, Adalia, Aridata, Parmashta, Arisai, Aridai and Vaizata), whose bodies were subsequently hanged. The Jews did not take any of the possessions of the slain as booty, though authorized to do so by the king's decree. (The Book of Esther, chapter 9).
Link: The Story of Purim; see also "Today in Jewish History" for tomorrow, Adar 14.
• Maccabee victory (135 BCE)
The Maccabees defeated the Syrian General Nicanor in a battle fought four years after the Maccabee's liberation of the Holy Land and the miracle of Chanukah.
Daily Quote:
"Although a fire descended from heaven upon the Altar, it is a mitzvah to add to it a humanly produced fire" (Talmud, Eruvin 63a, as per Leviticus 6). This rule applies to all areas of life: the gifts of life are bestowed upon us from Above, yet it is G-d's desire that we add to them the product of our own initiative[The Chassidic Masters]
Daily Study:
Chitas and Rambam for today:
Chumash: Tzav, 4th Portion Leviticus 8:1-8:13 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 8
1And the Lord spoke to Moses, saying, אוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
2Take Aaron and his sons with him, and the garments, and the anointing oil, and the sin offering bull, and the two rams, and the basket of unleavened bread, בקַ֤ח אֶת־אַֽהֲרֹן֙ וְאֶת־בָּנָ֣יו אִתּ֔וֹ וְאֵת֙ הַבְּגָדִ֔ים וְאֵ֖ת שֶׁ֣מֶן הַמִּשְׁחָ֑ה וְאֵ֣ת | פַּ֣ר הַֽחַטָּ֗את וְאֵת֙ שְׁנֵ֣י הָֽאֵילִ֔ים וְאֵ֖ת סַ֥ל הַמַּצּֽוֹת:
Take Aaron: This section was stated seven days before the erection of the Sanctuary, [and should have been stated earlier in Exod. Parashath Pekudei , which discusses the erection and consecration processes. [However], there is no [sequence of] earlier and later events in the Torah [i.e., Scripture does not always follow chronological order]. קח את אהרן: פרשה זו נאמרה שבעת ימים קודם הקמת המשכן, שאין מוקדם ומאוחר בתורה:
Take Aaron: Take him over with [persuasive] words and attract him. — [Torath Kohanim 8:165] קח את אהרן: קחנו בדברים ומשכהו:
and the sin-offering bull [and the two rams, and the basket of unleavened bread]: [Which sin-offering bull, two rams, etc?] These are the ones mentioned in the section dealing with the command of the investitures in [parashath] וְאַתָּה תְּצַוֶּה, (Exod. Chapter 29), and now, on the first day of the investitures, He came back and urged him [in the matter] at the time they were to be put into practice. ואת פר החטאת וגו': אלו האמורים בענין צוואת המלואים בואתה תצוה, ועכשיו ביום ראשון למלואים חזר וזרזו בשעת מעשה:
3And assemble the entire community at the entrance of the Tent of Meeting. גוְאֵ֥ת כָּל־הָֽעֵדָ֖ה הַקְהֵ֑ל אֶל־פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
Assemble [the entire community] at the entrance of the Tent of Meeting: This is one of the instances where a small [area] accommodated a large [number of people]. — [Lev. Rabbah 10:9] הקהל אל פתח אהל מועד: זה אחד מן המקומות שהחזיק מועט את המרובה:
4And Moses did as the Lord had commanded him, and the community assembled at the entrance of the Tent of Meeting. דוַיַּ֣עַשׂ משֶׁ֔ה כַּֽאֲשֶׁ֛ר צִוָּ֥ה יְהֹוָ֖ה אֹת֑וֹ וַתִּקָּהֵל֙ הָֽעֵדָ֔ה אֶל־פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
5And Moses said to the community: This is the thing the Lord has commanded to do. הוַיֹּ֥אמֶר משֶׁ֖ה אֶל־הָֽעֵדָ֑ה זֶ֣ה הַדָּבָ֔ר אֲשֶׁר־צִוָּ֥ה יְהֹוָה֖ לַֽעֲשֽׂוֹת:
This is the thing [the Lord has commanded to do]: [Moses said to Israel:] “The things you will see me doing before you, have all been commanded to me by the Holy One, blessed is He, that they be done; so do not say that I am doing them for my own honor or for my brother’s honor!” I have explained the entire passage involving the investitures in [parashath] וְאַתָּה תְּצַוֶּה (Exod. 29). זה הדבר: דברים שתראו שאני עושה לפניכם צוני הקב"ה לעשות, ואל תאמרו לכבודי ולכבוד אחי אני עושה. כל הענין הזה פירשתי בואתה תצוה:
6And Moses brought Aaron and his sons forward and bathed them in water. ווַיַּקְרֵ֣ב משֶׁ֔ה אֶת־אַֽהֲרֹ֖ן וְאֶת־בָּנָ֑יו וַיִּרְחַ֥ץ אֹתָ֖ם בַּמָּֽיִם:
7And he placed the tunic upon him [Aaron], girded him with the sash, clothed him with the robe, placed the ephod upon him, girded him with the band of the ephod, and adorned him with it. זוַיִּתֵּ֨ן עָלָ֜יו אֶת־הַכֻּתֹּ֗נֶת וַיַּחְגֹּ֤ר אֹתוֹ֙ בָּֽאַבְנֵ֔ט וַיַּלְבֵּ֤שׁ אֹתוֹ֙ אֶת־הַמְּעִ֔יל וַיִּתֵּ֥ן עָלָ֖יו אֶת־הָֽאֵפֹ֑ד וַיַּחְגֹּ֣ר אֹת֗וֹ בְּחֵ֨שֶׁב֙ הָֽאֵפֹ֔ד וַיֶּאְפֹּ֥ד ל֖וֹ בּֽוֹ:
8And he placed the choshen upon him, and he inserted into the choshen the Urim and the Tummim. חוַיָּ֥שֶׂם עָלָ֖יו אֶת־הַח֑שֶׁן וַיִּתֵּן֙ אֶל־הַח֔שֶׁן אֶת־הָֽאוּרִ֖ים וְאֶת־הַתֻּמִּֽים:
The Urim: An inscription bearing the explicit Name of God. את האורים: כתב של שם המפורש:
9And he placed the cap on his [Aaron's] head, and he placed on the cap, towards his face, the golden showplate, the holy crown, as the Lord had commanded Moses. טוַיָּ֥שֶׂם אֶת־הַמִּצְנֶ֖פֶת עַל־רֹאשׁ֑וֹ וַיָּ֨שֶׂם עַל־הַמִּצְנֶ֜פֶת אֶל־מ֣וּל פָּנָ֗יו אֵ֣ת צִ֤יץ הַזָּהָב֙ נֵ֣זֶר הַקֹּ֔דֶשׁ כַּֽאֲשֶׁ֛ר צִוָּ֥ה יְהֹוָ֖ה אֶת־משֶֽׁה:
and he placed on the cap: The sky-blue cords affixed to the showplate he placed over the cap. Thus the showplate was suspended on (עַל) the cap. וישם על המצנפת: פתילי תכלת הקבועים בציץ נתן על המצנפת, נמצא הציץ תלוי במצנפת:
10And Moses took the anointing oil and anointed the Sanctuary and everything in it and sanctified them. יוַיִּקַּ֤ח משֶׁה֙ אֶת־שֶׁ֣מֶן הַמִּשְׁחָ֔ה וַיִּמְשַׁ֥ח אֶת־הַמִּשְׁכָּ֖ן וְאֶת־כָּל־אֲשֶׁר־בּ֑וֹ וַיְקַדֵּ֖שׁ אֹתָֽם:
11And he sprinkled from it upon the altar seven times, and he anointed the altar and all its vessels and the washstand and its base, to sanctify them. יאוַיַּ֥ז מִמֶּ֛נּוּ עַל־הַמִּזְבֵּ֖חַ שֶׁ֣בַע פְּעָמִ֑ים וַיִּמְשַׁ֨ח אֶת־הַמִּזְבֵּ֜חַ וְאֶת־כָּל־כֵּלָ֗יו וְאֶת־הַכִּיֹּ֛ר וְאֶת־כַּנּ֖וֹ לְקַדְּשָֽׁם:
And he sprinkled from it upon the altar: I do not know where [in Scripture] he was commanded to perform these sprinklings. ויז ממנו על המזבח: לא ידעתי היכן נצטוה בהזאות הללו:
12And he poured some of the anointing oil upon Aaron's head, and he anointed him to sanctify him. יבוַיִּצֹק֙ מִשֶּׁ֣מֶן הַמִּשְׁחָ֔ה עַ֖ל רֹ֣אשׁ אַֽהֲרֹ֑ן וַיִּמְשַׁ֥ח אֹת֖וֹ לְקַדְּשֽׁוֹ:
And he poured…and anointed [him]: At first, he [Moses] poured [the oil] on his [Aaron’s] head, and afterwards, he placed it between his eyelids, and drew it with his finger, from one [eyelid] to the other. — [Ker. 5b] ויצק, וימשח: בתחלה יוצק על ראשו, ואחר כך נותן בין ריסי עיניו ומושך באצבעו מזה לזה:
13And Moses brought Aaron's sons forward and clothed them with tunics, girded them with sashes, and bound them up with high hats, as the Lord had commanded Moses. יגוַיַּקְרֵ֨ב משֶׁ֜ה אֶת־בְּנֵ֣י אַֽהֲרֹ֗ן וַיַּלְבִּשֵׁ֤ם כֻּתֳּנֹת֙ וַיַּחְגֹּ֤ר אֹתָם֙ אַבְנֵ֔ט וַיַּֽחֲב֥שׁ לָהֶ֖ם מִגְבָּע֑וֹת כַּֽאֲשֶׁ֛ר צִוָּ֥ה יְהֹוָ֖ה אֶת־משֶֽׁה:
and bound them up: Heb. וַיַַַּחִבשׁ, an expression denoting binding. ויחבש: לשון קשירה
Daily Tehillim: Chapters 69 - 71
• Hebrew text
• English text•
• Lessons in Tanya• English Text
• English text•
Chapter 69
1. For the Conductor, on the shoshanim,1 by David.
2. Deliver me, O God, for the waters have reached until my soul!
3. I have sunk in muddy depths without foothold; I have come into deep waters, and the current sweeps me away.
4. I am wearied by my crying, my throat is parched; my eyes pined while waiting for my God.
5. More numerous than the hairs on my head are those who hate me without reason. Mighty are those who would cut me off, those who are my enemies without cause. What I have not stolen, I will then have to return.
6. O God, You know my folly, and my wrongs are not hidden from You.
7. Let not those who hope in You be shamed through me, O my Lord, God of Hosts; let not those who seek You be disgraced through me, O God of Israel,
8. because for Your sake I have borne humiliation, disgrace covers my face.
9. I have become a stranger to my brothers, an alien to my mother's sons,
10. for the envy of Your House has consumed me, and the humiliations of those who scorn You have fallen upon me.
11. And I wept while my soul fasted, and it was a humiliation to me.
12. I made sackcloth my garment, and became a byword for them.
13. Those who sit by the gate speak of me, and [of me] are the songs of drunkards.
14. May my prayer to You, Lord, be at a gracious time; God, in Your abounding kindness, answer me with Your true deliverance.
15. Rescue me from the mire, so that I not sink; let me be saved from my enemies and from deep waters.
16. Let not the current of water sweep me away, nor the deep swallow me; and let not the pit close its mouth over me.
17. Answer me, Lord, for Your kindness is good; according to Your abundant mercies, turn to me.
18. Do not hide Your face from Your servant, for I am in distress-hurry to answer me.
19. Draw near to my soul and liberate it; redeem me, so that my enemies [not feel triumphant].
20. You know my humiliation, my shame, and my disgrace; all my tormentors are before You.
21. Humiliation has broken my heart, and I have become ill. I longed for comfort, but there was none; for consolers, but I did not find.
22. They put gall into my food, and for my thirst they gave me vinegar to drink.
23. Let their table become a trap before them, and [their] serenity, a snare.
24. Let their eyes be darkened so that they cannot see, and let their loins continually falter.
25. Pour Your wrath upon them, and let the fierceness of Your anger overtake them.
26. Let their palace be desolate, let there be no dweller in their tents,
27. for they persecute the one whom You struck, and tell of the pain of Your wounded ones.
28. Add iniquity to their iniquity, and let them not enter into Your righteousness.
29. May they be erased from the Book of Life, and let them not be inscribed with the righteous.
30. But I am poor and in pain; let Your deliverance, O God, streng-then me.
31. I will praise the Name of God with song, I will extol Him with thanksgiving!
32. And it will please the Lord more than [the sacrifice of] a mature bull with horns and hooves.
33. The humble will see it and rejoice; you seekers of God, [see] and your hearts will come alive.
34. For the Lord listens to the needy, and He does not despise His prisoners.
35. Let heaven and earth praise Him, the seas and all that moves within them,
36. for God will deliver Zion and build the cities of Judah, and they will settle there and possess it;
37. and the seed of His servants will inherit it, and those who love His Name will dwell in it.
FOOTNOTES
1.A musical instrument shaped like a shoshana, a rose (Metzudot).
Chapter 70
David prays that his enemies be shamed and humiliated for their shaming him and reveling in his troubles. Then the righteous will rejoice, and chant songs and praises always.
1. For the Conductor, by David, to remind.
2. O God, [come] to rescue me; O Lord, hurry to my aid.
3. Let those who seek my life be shamed and disgraced; let those who wish me harm retreat and be humiliated.
4. Let those who say, "Aha! Aha!" be turned back in return for their shaming [me].
5. Let all who seek You rejoice and delight in You, and let those who love Your deliverance say always, "May God be exalted!”
6. But I am poor and needy; hurry to me, O God! You are my help and deliverer; O God, do not delay!
Chapter 71
In this awe-inspiring prayer, David speaks of his enemies' desire to kill him, declaring him deserving of death.
1. I have taken refuge in You, O Lord; I will never be shamed.
2. Rescue me and deliver me in Your righteousness; incline Your ear to me and save me.
3. Be for me a sheltering rock, to enter always. You have ordered my salvation, for You are my rock and my fortress.
4. O my God, rescue me from the hand of the wicked, from the palm of the scheming and violent.
5. For You are my hope, O my Lord, God, my security since my youth.
6. I have relied on You from the womb; You drew me from my mother's innards; my praise is of You always.
7. I became an example to the masses, yet You were my mighty refuge.
8. Let my mouth be filled with Your praise, all day long with Your glory.
9. Do not cast me aside in old age; do not forsake me when my strength fails;
10. for my enemies say of me, and those who watch my soul conspire together,
11. saying, "God has forsaken him. Give chase and catch him, for there is no rescuer.”
12. O God, do not distance Yourself from me; my God, hurry to my aid.
13. Let the adversaries of my soul be shamed and consumed; let those who seek my harm be enwrapped in disgrace and humiliation.
14. But as for me, I will always hope; I will add to all Your praises.
15. My mouth will tell of Your righteousness, all day long of Your deliverance, for I do not know their number.
16. I come with the strength of my Lord, God; I mention Your righteousness, Yours alone.
17. O God, You have taught me since my youth, and to this day I tell of Your wonders.
18. Even into old age and hoariness, O God, do not abandon me, until I tell of Your might to the generations, and of Your strength to all who are to come.
19. Your righteousness, O God, reaches the high heavens, for You do great things; O God, who is like You!
20. You, Who has shown me many and grievous troubles, You will revive me again; You will lift me again from the depths of the earth.
21. You will increase my greatness; You will turn and console me.
22. I too1 will thank You on the lyre for Your faithfulness, My God; I will sing to You on the harp, O Holy One of Israel.
23. My lips will rejoice when I sing to you, as well as my soul which You have redeemed.
24. My tongue will also utter Your righteousness all day, for those who seek my harm are shamed and disgraced.
FOOTNOTES
1.As you increase my greatness, so will I increase your praise (Metzudot).
Tanya: Likutei Amarim, middle of Chapter 37• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson
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• Video Class• Today's Tanya Lesson
• Wednesday, Adar II 13, 5776 · March 23, 2016
• Likutei Amarim, middle of Chapter 37
• In the previous chapter, the Alter Rebbe explained that the statement of the Sages that “G-d desired an abode in the lower realms” refers to our physical world. This is the lowest of worlds in terms of the degree of revelation of the divine creative power: it is hidden in this world as it is in no other world. G-d desired precisely this world, pervaded as it is with “doubled and redoubled darkness,” as His “abode”, where His presence would ultimately be revealed to a greater degree than it is revealed in the higher worlds, without any concealing “garments” whatever.
Rambam:
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This will come to pass in the Messianic era, the period for which the world was originally created, when G-dliness will be manifest throughout the world, so that all the nations on earth will experience divine revelation.
והנה תכלית השלימות הזה של ימות המשיח ותחיית המתים, שהוא גילוי אור אין סוף ברוך הוא בעולם הזה הגשמי
Now this ultimate perfection of the Messianic era and [the time of] the resurrection of the dead, meaning the revelation of Ein Sof-light in this physical world,
תלוי במעשינו ועבודתנו כל זמן משך הגלות
is dependent on our actions and [divine] service throughout the period of exile (unlike the aforementioned revelation at Sinai, which was initiated by G-d).
כי הגורם שכר המצוה היא המצוה בעצמה
For it is the mitzvah itself that causes i.e., creates its reward.
The Rebbe notes: Unlike, for example, the wages paid by the owner of a field to the laborer who plows and plants in it, where the laborer does not create the money he is paid, a mitzvah actually creates its own reward.
כי בעשייתה ממשיך האדם גילוי אור אין סוף ברוך הוא מלמעלה למטה
For by performing [the mitzvah] man draws the revelation of the blessed Ein Sof-light from above downwards,
להתלבש בגשמיות עולם הזה, בדבר שהיה תחלה תחת ממשלת קליפת נוגה, ומקבל חיותה ממנה
to be clothed in the physicality of this world, i.e., in an object which had heretofore been under the dominion of kelipat nogah and had received its vitality from this kelipah;
שהם כל הדברים הטהורים ומותרים שנעשית בהם המצוה מעשיית
namely, all pure, permissible objects with which the act of the mitzvah is performed. By performing themitzvah, man draws the Ein Sof-light upon the object with which it is performed.
The Alter Rebbe now illustrates his phrase — “pure, permissible objects with which the act of the mitzvah is performed,” citing as examples one object from each of the three categories: animal life, vegetative, and inanimate life.
כגון קלף התפילין ומזוזה וספר תורה
For example, the parchment of the tefillin, mezuzah and Sefer Torah which must be made of the skins of permissible, kosher animals.
וכמאמר רז״ל: לא הוכשר למלאכת שמים אלא טהורים ומותרים בפיך
As our Sages state:1 “For the ‘work of heaven’ i.e., mitzvah objects only that which is pure and permissible to eat may be used.”
The parchment derived from such animals is, however, under the dominion of kelipat nogah until one uses it for tefillin,etc., when the mitzvah draws upon the parchment a revelation of Ein Sof-light.
וכן אתרג שאינו ערלה, ומעות הצדקה שאינן גזל, וכיוצא בהם
Similarly, an etrog which is not orlah* (the forbidden fruit of a tree’s first three harvests), or money given to charity that has not been acquired through theft, and their like i.e., other physical objects used in performing amitzvah, all of which were previously in the realm of kelipat nogah, and (as the Alter Rebbe will conclude presently) are now merged into the Divine Will by serving the purpose of a mitzvah.
*NOTE
In reference to his earlier stipulation that an etrog not be orlah, and that charity be honestly acquired, the Alter Rebbe notes:
הגהה
שהערלה היא משלש קליפות הטמאות לגמרי שאין להם עליה לעולם, כמו שכתוב בע׳ חיים
For orlah is of the three completely unclean kelipot that can never ascend into holiness, as is written in Etz Chayim; thus fruit which is orlah, deriving its vitality from these kelipot, cannot be elevated by having a mitzvahperformed with it.
וכן כל מצוה הבאה בעבירה, חס ושלום
Similarly any mitzvah whose performance involved a transgression (G-d forbid). Since the sinful act receives its vitality from the three completely unclean kelipot, the resulting mitzvah cannot elevate it.
END OF NOTE
When performed, however, with pure and permissible objects, the mitzvah elevates those objects from kelipat nogah to holiness, to be united with the Ein Sof-light, as the Alter Rebbe continues:
| FOOTNOTES | |
| 1. | See Shabbat 108a. |
• Sefer Hamitzvos:• English Text | Hebrew Text |
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Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 126
The Priestly Tithe
"The first of your grain...you shall give to him"—Deuteronomy 18:4.
We are commanded to separate from our harvest Terumah Gedolah [the "great tithe." This tithe is given to the priest.]
This biblical precept only applies in the Land of Israel.
Full text of this Mitzvah »
The Priestly Tithe
Positive Commandment 126
Translated by Berel Bell
The 126th mitzvah is that we are commanded to separate terumah gedolah1 [from our crops].
The source of this commandment is G‑d's statement,2 "You must give him [the Kohen] the first portion of your grain, [wine and oil]."
This Biblical prohibition applies only in Eretz Yisroel.
The details of this mitzvah are explained in tractate Terumos.
FOOTNOTES
1.
One can fulfill the Biblical command by giving even a tiny amount. By Rabbinic decree, however, one must give approximately 1/50th of the total amount.
2.
Deut. 18:4.
Positive Commandment 129
The Levite's Priestly Tithe
"Speak to the Levites and tell them: When you take from the Children of Israel the tithe that I have given to you from them as your inheritance, then you shall offer up from it a gift for G‑d, a tenth of the tenth"—Numbers 18:26.
The Levites are commanded to separate a tenth from the tithe that they receive from the Israelites, and to give it to the priest. This tithe is called Maaser min Hamaaser or Terumat Maaser.
The Levites are commanded to give this tithe from the choicest of the produce.
Full text of this Mitzvah »
The Levite's Priestly Tithe
Positive Commandment 129
Translated by Berel Bell
The 129th mitzvah is that the Levites are commanded to give the kohanim ma'aser (one-tenth) from the ma'aser they themselves get from the Israelites.
The source of this commandment is G‑d's statement,1 "Speak to the Levites and say to them: 'When you take from the Israelites the ma'aser that I have given you as your inheritance from them, you must separate from it G‑d's terumah, ma'aser from the ma'aser' "
The Torah explains that this ma'aser, which is called terumas ma'aser, is given to the Kohen. This is seen from the verse,2 "And you must give it as G‑d's terumah to Aharon the Kohen."
The Torah also explains that this ma'aser must be given from the choicest and the best, as the verse3 says, "[You must separate G‑d's terumah] from the choicest as its dedicated portion."
[In the next few paragraphs, the Rambam addresses the prohibition against giving terumas ma'aser from inferior produce. He proves that although this appears to count as a separate prohibition, in actuality it does not.]
The Torah then points out that it is a sin not to take from the choice portion, as the verse4 says, "You do not bear any sin if you separate from the choicest." This is an implied prohibition — saying "you won't get a sin if you separate from the best" as a way of implying that it is a sin if you give from inferior produce.
This statement is therefore considered like a lav haba miklal aseh (a prohibition derived from a positive command), which is not counted as a separate prohibition.5 It is just that since one is commanded to give from the choicest, one automatically learns that the opposite is forbidden.
In the words of the Sifri: "What is the source of the law that one who gives from the inferior [produce] is committing a sin? From the verse, 'You do not bear any sin if you separate from the choicest.' "
The details of this mitzvah are explained in tractates Terumos, Ma'aseros, and a number of passages in Demai.
FOOTNOTES
1.
Num. 18:26.
2.
Ibid. 18:28.
3.
Ibid. 18:29.
4.
Ibid. 18:32.
5.
See Introductory Principle 8.
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Halacha 1
There are a sum total of 50 physical blemishes that disqualify both humans and animals. In particular, they are:
Halacha 2
Halacha 3
b) one whose ear has cracked to the slightest extent even though its substance has not diminished;
c) one whose [ear] lobe has been perforated, [leaving a hole] the size of a carshinah bean.3 Whether the whole is round or long, if its area is the size of a carshinah bean, it is considered a blemish.
d) one whose ear has dried to the extent that if it was perforated, it would not bleed;
Halacha 4
There are three involving the eye-lashes:
a) one whose eye-lashes are perforated even to the slightest extent;
b) one whose eye-lashes are cracked even to the slightest extent;
c) one whose eye-lashes are blemished6 even to the slightest extent.
These three blemishes are included in the term cherutz mentioned in the Torah.7
Halacha 5
There are eight involving the eye:
a) one who is blind,8 whether in one eye or in both eyes;
b) one who cannot see from both of his eyes or one of them, even though there is no apparent change in them, because he has water continuously descending into his eyes;
c) one who cannot see with both or one of his eyes clearly, because he has continuous nerve deterioration;9
d) one who has a mound like a grape in his eye,10 even though he can still see;
e) one who has cataracts11 in his eyes which cover some of the pupil of the eye;
f) one who has the white of his eyes extended slightly into the pupil until the pupil is interrupted by the white of the eye. This is the meaning of the termtivlul mentioned in the Torah.12 If, however, the pupil is extended and enters the white of the eye, it is not considered a blemish, for there are no blemishes in the white of the eye;
g) one who has a white point in the midst of his pupil. This is the meaning of the term dak mentioned in the Torah.13 [The above applies] provided it appears floating on the pupil. If, however, it is not floating, or if it is submerged in the pupil, it is not a blemish. Similarly, if there was a black mark in the midst of the white, even if it appeared to be floating, it is not considered a blemish, for there are no blemishes in the white. If there was a black mark sunk in the pupil, it is also included in the blemish called dak. If, however, it appears to be floating, since it is black within black, it is not considered as a blemish.
Halacha 6
There are three involving the nose:
a) One whose nose is perforated, even from only one side;14
b) one whose nose is split;
c) one whose nose is blemished.
Halacha 7
There are six involving the mouth:
a) One whose lip is perforated; this applies even if only one is perforated;
b) one whose lip is blemished;
c) one whose lip is cracked, provided the surface of the lip is split into two sides;
d) one whose lower jawbone extends even the slightest measure further than his upper jawbone;
e) one whose mouth is swollen congenitally, as part of the structure of his body. If, however, it is swollen because of the wind,15 it is not considered a blemish;
f) one from whom the majority of the free portion of the tongue16 was removed.
Halacha 8
There are twelve involving the reproductive organs:
a-d) one whose member is crushed,17 mashed, severed, or cut off;
e-h) one whose testicles - or testicle - is crushed, mashed, severed, or cut off;
i) one who has only one testicle even though he has two sacs;18
j) one whose two testicles are in one sac;
k) a person whose sexual organ is covered by flesh and his gender cannot be determined;
j) a hermaphrodite.19
Halacha 9
There are six involving the hands and the feet:
a) one who limps;20 b) one whose hip has been displaced. This is the meaning of the term serua used by the Torah;21
c) one who has one hip attached at a higher place than the other;
d) one whose arm-bone is broken,22 provided it is apparent;
e) one whose leg-bone is broken,23 provided it is apparent. Even if it is not apparent when he stands, if it is apparent when he walks, it is a blemish;
f) one whose legs are swollen congenitally, as part of the structure of his body. If, however, they are swollen because of the wind, it is not considered a blemish.
Halacha 10
There are four [types of blemishes] that may occur in any place in the body. They are:
Halacha 11
Halacha 12
There are also three other types of blemishes:30
a) an elderly man who has reached the stage that he quivers and trembles when he stands;
b) a person who is sick and trembles because of his illness and the weakening of his strength.
Halacha 13
c) One who is foul-smelling. A priest who has a foul-smelling odor because of sweat may wash and rub perfume on his flesh and serve. If he has a foul odor emanating from his mouth, he may put pepper, ginger, or the like in his mouth and serve. If, however, he serves while his body is foul-smelling due to sweat or he had bad breath, he desecrates his service like one who has any of the other blemishes.
FOOTNOTES
1.
I.e., its substance has been diminished.
2.
I.e., if one would run his nail over the lobe of this person's ear, like one runs his nail over a ritual slaughterer's knife, the progress of his nail would be held back by the blemish. See Rashi, Bechorot 37b.
3.
A small bean about the size of a lentil (ibid.).
4.
I.e., it appears as if he has two ears, one inside the other.
5.
Although the Rambam's version of the source for this ruling, Bechorot 6:9 differs from the standard printed text of the Mishnah, the interpretation of both versions is the same.
6.
I.e., its substance has been diminished.
8.
As explicitly mentioned in Leviticus 21:18.
9.
Our translation is based on Rav Kapach's version of the Rambam's Commentary to the Mishnah (Bechorot 6:3).
10.
Due to a retinal infection (ibid.:2).
11.
This refers to the term chilazon nachashmentioned in the Mishnah (ibid.).
13.
Due to a retinal infection (ibid.:2).
14.
If, however, the cartilage between the nostrils is perforated and it is not visible externally, it is not considered as a blemish [the Rambam's Commentary to the Mishnah (Bechorot 6:4)].
15.
Because the swelling comes from an external factor.
16.
Our translation is taken from Rashi's commentary (Bechorot 40a).
17.
This is the meaning of the term miruach eshef in Leviticus 21:20.
18.
This refers to the inner sacs within the larger scrotum.
19.
More details regarding the individuals in the latter two categories are found in Hilchot Ishut 2:25-26; Hilchot Nizirut 2:11; et al. See also Hilchot Issurei Mizbeiach 3:3.
20.
As explicitly mentioned in Leviticus 21:18.
21.
Leviticus 21:18; 22:23. The Rambam's interpretation is based on the Sifra. Rashi in his commentary to the Torah explains the term differently.
22.
As explicitly mentioned in Leviticus 21:19.
23.
As explicitly mentioned in Leviticus 21:19.
24.
Leviticus 21:19; 22:22; Deuteronomy 28:27.
26.
A moist skin eruption reminiscent of the boils visited upon the Egyptians in the Ten Plagues. Its external layer is moist, but its internal layer is dry and it is also very distasteful in appearance.
28.
E.g., an arm or a leg (Bechorot 40b).
30.
The laws pertaining to animals with these three blemishes are slightly different than those pertaining to animals with other blemishes. See Hilchot Issurei Mizbeiach2:6.
31.
A man or an animal that has a physical infirmity that will cause him to die within twelve months. See Chapter 6, Halachah 7.
32.
See Hilchot Issurei Mizbeiach 3:1.
33.
See ibid.:4.
• 3 Chapters: Terumot Terumot - Chapter 1, Terumot Terumot - Chapter 2, Terumot Terumot - Chapter 3 • English Text | Hebrew Text | Audio: Listen | Download• Terumot - Chapter 1
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Halacha 1
According to Scriptural Law, [the obligation to separate] the terumot1 and the tithes2 applies only in Eretz Yisrael.3[It applies] whether the Temple is standing or not.4 The prophets ordained that these obligations should be observed in Babylon as well, because it is adjacent to Eretz Yisrael and the majority of the Jewish people journey to and from there.5 The Sages of the early generations6 ordained that they also be observed in the lands of Egypt and the lands of Ammon and Moab, because they are on the peripheries ofEretz Yisrael.
Halacha 2
Whenever Eretz Yisrael is mentioned, the intent is the lands conquered by the King of Israel or a prophet with the consent of the entire Jewish people. This is called "a conquest of the community."7 If, however, an individual Jew, a family, or a tribe go and conquer a place for themselves - even in the land given to Abraham8 - it is not considered as Eretz Yisrael in the sense that one is obligated to observe all the mitzvot there.9 For this reason, Joshua10 and his court divided the entire Land of Israel into tribal portions11 even though it was not conquered [entirely] at that time. In this way, when every tribe would ascend and conquer its portion, it would not be considered as merely an individual conquest.
Halacha 3
The lands which [King] David conquered outside of the Land of Canaan, e.g., Aram Naharaim, Aram Tzovah, Achlab,12 and the like, even though he was a King of Israel and he was acting with the consent of the High Court,13 is not considered as the Land of Israel with regard to all matters, nor is it like the Diaspora, i.e., Babylonia and Egypt with regard to all matters. Instead, it was removed from the category of the Diaspora, but did not enter the category ofEretz Yisrael.
Why was its level considered lower than that of Eretz Yisrael? Because David conquered them before he conquered all of Eretz Yisrael.14 Instead, there were still member of the seven nations there. If, however, he had conqueredEretz Yisrael entirely, in all of its boundaries, and afterwards conquered15other lands,16his entire conquest would have been equivalent to Eretz Yisraelwith regard to all matters.17 The lands which [King] David conquered are called Syria.
Halacha 4
There are dimensions of [the laws that apply to] Syria that resemble [the laws that apply in] Eretz Yisrael18 and there are dimensions of [its laws] that resemble [those which apply] in the Diaspora.19 A person who purchases landed property [in Syria] is comparable to one who purchases [land] in Eretz Yisrael with regard to terumot, tithes, and the Sabbatical year.20 All [the laws that apply] in Syria are of Rabbinic origin.21
Halacha 5
All of the lands that [the Jews] who ascended from Egypt took possession of were sanctified in the first consecration [of the land]. When they were exiled, that sanctity was nullified.22 [The rationale is that] the initial consecration came about because of the conquest. [Hence,] its consecration was effective for the time [it was under their rule], but not for all time.23 When, by contrast, the descendants of the exiles ascended [from Babylon] and took possession of a portion of the land,24 they consecrated it a second time.25 [This consecration] is perpetuated forever, for that time and for all time.26
[The Sages] left those places that had been settled by [the Jews who] ascended from Egypt, but were not settled by those who ascended from Babylon in their previous [halachic status] and did not exempt them from [the obligations of] terumah and tithes so that the poor could rely upon them in the Sabbatical year.27 Our holy teacher28released Beit Shan29 from those places which [the Jews] who ascended from Babylon did not take hold of. He decided that Ashkelon should be exempted from the tithes.30
Halacha 6
Thus the entire earth is divided into three categories in relation to those mitzvot involving the land: Eretz Yisrael, Syria, and the Diaspora. Eretz Yisrael itself is divided into two categories: a) those portions settled by the Jews who ascended from Babylonia, and b) those portions that were settled only by the Jews who ascended from Egypt.
The Diaspora is divided into two categories: a) Egypt, Babylon, Ammon, and Moab in which the mitzvot are observed according to the decrees of the sages and the prophets and the other lands in which [the obligations of] theterumot and the tithes are not observed.
Halacha 7
What are [the boundaries of] the land settled by the Jews who ascended from Egypt? From Rekem which is in the east of Eretz Yisrael until the Mediterranean Sea. From Ashkelon31 which is in the south of Eretz Yisraeluntil Acre which is in the north. As one proceeds from Acre to Kziv,32 the area to one's right, on the east, can generally be assumed to be of the Diaspora - it is impure as is the lands of the nations33 and is exempt from [the mitzvot of] the tithes and the Sabbatical year - unless it is known that it was part of Eretz Yisrael. The area to one's left, to the west, can generally be assumed to be part of Eretz Yisrael - it is pure [from the impurity associated with] the lands of the nations and is obligated with regard to [mitzvot of] the tithes and the Sabbatical year - unless it is known to be part of the Diaspora.34 With regard to the entire area that slopes downward from the Samnum Mountains:35 The inner [portion]36 is Eretz Yisrael, the portion outside the Samnum Mountains is the Diaspora.
Halacha 8
Which area did the Jews who ascended from Babylonia settle in? [The area] from Kziv inward toward the east. They did not, however, take possession of the area from Kziv outward until Amana which is Samnum until the river, i.e., the River of Egypt.39 And they did not take possession of Kziv itself.
Halacha 9
What constitutes Syria? From Eretz Yisrael and below40 parallel to Aram Naharaim and Aram Tzovah, the entire region of the Euphrates until Babylonia, e.g., Damascus, Achalev, Charan, Minbag, and the like until Shinar41 and Tzahar. These are considered like Syria. Acre, by contrast, is considered part of the Diaspora, like Ashkelon.42 These are the boundaries ofEretz Yisrael.
Halacha 10
When a gentile purchases land in Eretz Yisrael, he does not cause it to be absolved from [the observance of] the mitzvot.43 Instead, its holiness is still intact.44 Therefore, if a Jew purchases this land from [the gentile], it is not considered as a private conquest.45 Instead, he should separate the terumotand the tithes and bring the first fruits. All these [obligations] are Scriptural in origin, as if it was never sold to a gentile. When a gentile acquires land in Syria, his acquisition has the power to absolve [the land] from the obligations of tithes and the Sabbatical year,46 as will be explained.47
Halacha 11
[The following laws apply with regard to] produce belonging to a gentile that grew on land that he purchased in Eretz Yisrael. If all the work involving the produce was completed in the possession of a gentile and the gentile straightened the edges of the grain heap,48 they are exempt, because [the verse mentioning the obligation to separate terumah, Deuteronomy 18:4] mentions "your grain," [thus excluding] the grain of a gentile.49
If a Jew purchases [the produce] after it was harvested, but before the tasks involved with it were completed and they were completed by a Jew, all [of the agricultural obligations apply with regard to the produce] according to Scriptural Law.50 He must separate the great terumah and give it to a priest and [separate] the terumat ma'aser and sell it to a priest.51 The first tithe belongs to him,52 because he can tell a Levite with regard to the tithes and a priest with regard to the terumat ma'aser: "I am coming in the stead of a person53 from which you could not have collected anything."54
Why do we say that he should not give the terumat ma'aser to a priest as [he gives him] the great terumah?55 Because with regard to terumat ma'aser, it is written: "When you take the tithes from the children of Israel...."56 [Implied is that from] untithed produced that you purchase from a Jew, you should separate terumat ma'aser and give it to a priest, but from untithed produce that you purchase from a gentile, you need not give the priest the terumat ma'aseryou separate from it. Instead, you sell it to the priest and take the money.
Halacha 12
[The following laws apply if] a gentile sold his produce to a Jew while it was connected to the earth. If [he sold it] before it developed to a stage when he is obligated to separate tithes57 and the work [associated with it] was completed while it was owned by the Jew, [the Jew] is responsible for all of the agricultural obligations and should give the terumot and the tithes to their [appropriate] owners.58 If [the gentile] sold [the produce] after it developed to a stage when he is obligated to separate tithes, he should separate terumat ma'aser and the tithes and give them to their [appropriate] owners according to the [acceptable] reckoning.
What is implied? If he purchased grain that had been sown from a gentile after it reached a third of its growth and the work associated with its completion was performed while it was in the possession of a Jew, he should separate the terumot and the tithes, as we explained.59 He should give two thirds of the tithes to a Levite.60 [With regard to the] terumat ma'aser, he should give two thirds to the priest and sell him one third.61
Halacha 13
[The following laws apply if] a Jew sold his produce to a gentile before it developed to a stage when he is obligated to separate tithes and the work [associated with it] was completed by the gentiles, it is exempt from theterumot and the tithes.62 If [he purchased it] after it developed to a stage when the tithes are obligated to be separated, even if the gentile completed the work associated with it, all of the agricultural obligations are incumbent upon it according to Rabbinic decree.63
Halacha 14
If a gentile sold produce that was still connected to the earth after it reached the stage when the tithes are obligated to be separated and [another] gentile straightened the edges of the grain heap in the possession of a Jew, [the produce] is not obligated in the terumot or the tithes.66 Since the produce reached the stage when the tithes are obligated to be separated in the possession of a gentile and a gentile straightened the edges of the grain heap,67 [the fact] the produce belongs to a Jew [is not significant].68
Halacha 15
When a person purchases a field in Syria, he is obligated by Rabbinic decree to separate terumot and tithes like one who purchases [a field] in Jerusalem69according to Scriptural Law, as we explained.70 If, however, a person [merely] purchases produce from a gentile - whether it was harvested or [still] connected to the earth - he is exempt, because [the produce] does not come from his land.71 [This applies] even if [he purchases the produce] before it develops to a stage when the tithes are obligated to be separated [and] even though a Jew straightened the edges of the grain heap.72
Halacha 16
[The following laws apply when a person] purchases land in Syria to which produce is attached. If it reached a stage when the tithes are obligated to be separated while in the possession of a gentile, it is exempt.73 [Conversely,] if it did not reach a stage when the tithes are obligated to be separated [in his possession],74 [the Jewish purchaser] is obligated to tithe it, since he purchased it together with the land.
Halacha 17
When a Jew is working as a sharecropper for a gentile in Syria, his produce is exempt from the tithes, because he does not own the land itself at all. A gentile's purchase of land in Syria causes it to be absolved from [the obligation of] the tithes, as we explained.75 The same laws apply when one rents a field, but stipulates that the payment will be made in produce,76 enters into a sharecropping agreement as a mekabel,77 or rents a field for money from a gentile in Syria, he is absolved [from the obligations of] terumot and tithes.78
Halacha 18
[The following law applies when] a Jew purchases a field from a gentile in Syria before [the crops] reached a third of their development and sells it to a gentile after the crops reach a third of their development. If a Jew purchases it a second time,79he is obligated [to separate] the terumot and the tithes,80because [the field] incurred that obligation in the possession of a Jew.81
Halacha 19
When a Jew owns land in Syria and he hired a sharecropper and the sharecropper sent him produce,82 he is not obligated to separate [the terumotand tithes], for it is possible to say that [the sharecropper] purchased [the produce he gave him] from the marketplace.83 [This applies] provided this species is available in the marketplace.
Halacha 20
There is an obligation [to separate] the terumot and the tithes [from crops grown on land owned in] partnership with a gentile.
What is implied? When a Jew and a non-Jew purchased a field in partnership - even if they divided the field while the grain was standing,84 and needless to say, if they divided it after it was collected in a grain heap85 - tevel86and ordinary produce are mixed together in each and every stalk of grain in the gentile's share.87 [This applies] even if the gentile straightened the edges of the grain heap and thus the obligation is Rabbinic in origin,88 as explained.89
Halacha 21
When does the above apply? In Eretz Yisrael, where [the obligation to] tithe is Scriptural in origin, and according to Scriptural Law, the principle of bereirahdoes not apply. If, however, he purchased a field in Syria, since [the obligation to] tithe there is Rabbinic in origin, even if they divided a grain heap, the portion of the gentile is exempt entirely.90
Halacha 22
When produce from Eretz Yisrael is taken to the Diaspora, it is exempt from the obligations of challah, the terumot, and the tithes, [for one of the prooftexts requiring the separation of these gifts, Numbers 15:18]91states: "[the land] to which I am bringing you." [Implied is that] these obligations exist there alone. In the Diaspora, one is exempt.92 If [the produce] was taken to Syria, one is obligated by Rabbinic decree.
Conversely, we are obligated [to separate] challah from produce from the Diaspora that was brought into Eretz Yisrael, as [suggested by the phrase] "to which." [Implied is that] one is liable [to make these gifts] there, whether the produce is from Eretz Yisrael or the Diaspora. If the obligation [to separatechallah or the tithes] was established [because of the actions] of a Jew after the produce entered Eretz Yisrael, there is an obligation of Rabbinic origin to separate the tithes.93
Halacha 23
When earth from the Diaspora is brought to Eretz Yisrael by ship, if the ship's [bottom] comes in contact with the earth [of Eretz Yisrael],94 terumah and tithes must [be separated from produce] growing on [the earth in the ship] and the Sabbatical laws must be observed as if [the produce] was growing inEretz Yisrael itself.95
Halacha 24
When a tree is standing in the Diaspora and its foliage leans into Eretz Yisraelor it is standing in Eretz Yisrael and its foliage leans into the Diaspora, [the determination of its status] depends on its roots.96 If some of its roots were inEretz Yisrael and others were in the Diaspora - even if they were separated by glistening stone, [it is considered as if] tevel and ordinary produce are mixed together [throughout the entire produce].
Halacha 25
[The following rules apply when] a plant in a flowerpot with a hole has not sprouted roots [outside the flowerpot]. If its roots where in Eretz Yisrael and its foliage in the Diaspora, [the determination of its status] depends on its foliage.97
Halacha 26
In the present era, even in the areas settled by the Jews who ascended from Babylonia, even those [settled] in the era of Ezra,98 [the obligation to separate]terumah does not have the status of a Scriptural commandment, merely that of a Rabbinic decree. [The rationale is that] the Scriptural [commandment to separate] terumah applies only in Eretz Yisrael and only when the entire99Jewish people are located there. [This is derived from the phrase]100 "When you enter...." [Implied is that] the entire [Jewish people] must enter [the land], as they did when they took possession of the land originally101 and as will happen in the future when they take possession of the land a third time.102 In contrast, the second time [the people] took possession of the land, in the time of Ezra, only a portion entered.103Hence, they were not obligated according to Scriptural Law.104 Similarly, it appears to me that the same concept applies with regard to the tithes.105 In the present era, this obligation [as well] has the status of a Rabbinic decree like terumah.106
FOOTNOTES
1.
The plural term is used in this halachah and in many instances in this text, because there are two types of terumot: a) "the great terumah," i.e., the terumah separated initially, and b) terumat ma'aser, the terumah the Levites separate from the tithes that are given them. See Hilchot Matanot Aniyim, ch. 6, for details regarding the separation of these allocations.
2.
Here also the plural term is used because there are several tithes: the first tithe given to Levites, the second tithe which must be brought to Jerusalem, and the tithe for the poor. See Hilchot Matanot Aniyim, loc. cit.
3.
Kiddushin 36b states that all the mitzvot involving the produce of the earth apply only in Eretz Yisrael.
4.
Although the agricultural laws apply even when the Temple is not standing, there is a restriction to the time when they apply according to Scriptural Law. The entire Jewish people must be located in our holy land, as stated in Halachah 26. (See alsoHilchot Shemitah VeYovel 10:8-9.)
5.
Even though Babylonia is further away than the other lands mentioned in this halachah, it had a larger Jewish community and there was far more contact between its populace and the Jewish community of Eretz Yisrael. Hence, the prophets gave it precedence over the other lands (Radbaz).
6.
The Sages of the generation that followed Ezra [Rav Ovadiah of Bartenura (Yadayim3:3).
7.
See also Hilchot Melachim 5:6.
8.
The Rambam speaks of the land being given to Abraham, not merely being promised to him, since from the time God said that the land was his, spiritually, it became his possession. Moreover, as the Jerusalem Talmud (Challah 5:1) states, from Abraham's time onward, even though the land was still possessed by the Canaanites, the Jews were already its legal owners. See alsoBava Batra 119b.
9.
I.e., the agricultural mitzvot that must be observed in Eretz Yisrael.
10.
A king and a prophet.
11.
I.e., since Joshua and his court had made this division, when the tribe went to conquer its portion, it was acting on behalf of the entire Jewish people.
12.
These regions are located in contemporary Syria.
13.
The wars to conquer these lands are classified as voluntary wars, and a voluntary law requires the consent of the High Court (Hilchot Melachim 5:1).
14.
See the Rambam's Commentary to the Mishnah (Demai 6:11) where he criticizes King David for this approach, quoting theSifri (Parshat Ekev) that states that he did not act in accordance with the Torah. Since the designation of the land as Eretz Yisraelis through Divine fiat as expressed through the Torah. Accordingly, a conquest that is not in accord with the Torah cannot bring about such a designation (Likkutei Sichot,Vol. V, p. 9).
15.
With the consent of the High Court.
16.
Even lands outside of the homeland promised to Abraham (Radbaz).
17.
And the agricultural laws would have to be observed there.
18.
In addition to those points the Rambam mentions below, among the other examples of this principle are: its air is not considered as a source of impurity (Hilchot Tuma'at Meit11:6); it is permitted to have a gentile compose a deed of purchase for land there on the Sabbath so that one will acquire the land (Hilchot Shabbat 6:11).
19.
Among the examples of the relevant laws: its earth is considered as a source of ritual impurity (Hilchot Tuma'at Meit, loc. cit.); a servant from Eretz Yisrael sold there is granted his freedom (Hilchot Avadim 8:6).
20.
See Halachah 15.
21.
For according to Scriptural Law, it is not part of Eretz Yisrael.
22.
In Hilchot Beit HaBechirah 6:16, the Rambam states: "It was no longer Eretz Yisrael," i.e., none of the halachic obligations apply there.
23.
Since it was established by conquest, it could be nullified by conquest. See Hilchot Beit HaBechirah, loc. cit. The Radbaz explains that when the Jews ascended from Egypt, they did not make a statement, consecrating the land. Therefore its holiness could be nullified.
24.
As Yevamot 16a states: "Much of the land that was conquered by [the Jews who] ascended from Egypt was not conquered by [the Jews who] ascended from Babylon.
25.
Nevertheless, since the entire Jewish people did not return together with Ezra, this consecration is only of Rabbinic origin.
26.
And thus at present, Ezra's consecration of the land is still effective.
In his gloss to Hilchot Beit HaBechirah, loc. cit., the Kessef Mishnah finds these statements difficult to accept because of the following questions:
a) On what basis is chazakah considered a more effective means of acquisition than conquest?
b) After the initial conquest of Eretz Yisrael, the Jewish people manifested their ownership over it and thus, effected achazakah. If so, why is Ezra's chazakah, which was not preceded by conquest, more effective than the chazakah which followed the original conquest? Why should the conquest detract from the consecration of the land?
To explain: As mentioned above, the Jewish people's ownership of the land began with God's promise of the land to Abraham. The sanctity of the land, by contrast, did not begin until the Jewish people actually took possession of it, upon their reentry into the land after the exodus from Egypt and the journey through the desert. At that time, they were commanded to conquer the land and take it forcefully from the Gentiles (seeNumbers 32:29,Deuteronomy 3:21, et al). Since God made the consecration of the land dependent upon its conquest by the Jewish people, it follows that conquest by a Gentile nation can nullify its holiness.
In contrast, Ezra was not commanded to reconquer Eretz Yisrael, but to settle it. In this instance, God made the sanctity of the land dependent on the Jewish people manifesting their ownership over it. In other words, the sanctity came from manifesting the true reality: that Eretz Yisrael is a Jewish land. Accordingly, since Eretz Yisraelremains our land, regardless of how many times it has been conquered by Gentiles, the sanctity effected by that manifestation of ownership also continues eternally (Likkutei Sichot, Vol. XV, pp. 102-109).
27.
And receive the tithe of the poor.
28.
Rabbi Yehudah HaNasi.
29.
The Ra'avad differs with the Rambam and maintains that Beit Shan was released only from those obligations that are of Rabbinic origin.
30.
The Kessef Mishneh relates that Rabbi Yehudah HaNasi released these cities from the obligation of the tithes, because they were not populated by Jews and were not close to the area settled by Jews.
31.
Ashkelon - and similarly, the other cities the Rambam refers to - is located near, but not exactly on the same cite - as the city presently called by that name. With regard to Ashkelon in particular, there is discussion of the issue by the commentaries, for some sources (see Radbaz and Kessef Mishneh) explain that it was part of the land conquered by the Jews who ascended from Egypt. It was not, however, conquered by the Jews who ascended from Babylonia.
32.
I.e., proceeding northward.
33.
Our Sages decreed that merely touching the earth of the Diaspora is sufficient to impart ritual impurity. See Hilchot Tuma'at Meit, ch. 11.
34.
I.e., as depicted in the map drawn by the Rambam to accompany the Mishneh Torah, the borders of Eretz Yisrael ascend northward from Acre to Kziv, but there is a strip of land in the center that did not become part of Eretz Yisrael.
35.
Our text is based on authoritative manuscripts of the Mishneh Torah as cited in the Rav Shabsie Frankel edition. The standard printed text refers to the Umenum Mountains. See also the Rambam's Commentary to the Mishnah (Sh'vi'it 6:1).
In the map the Rambam drew to depict this matter, the Samnum Mountains are located in the southeastern corner of Eretz Yisrael, near Ashkelon. Most of the other commentaries understand this term as referring to the Umenum Mountain range in Northern Lebanon.
36.
I.e., to the south.
37.
According to the Radbaz, this refers to Wadi el Arish and not the Nile. Most other commentaries, however, identify "the River of Egypt" as the Nile.
38.
I.e., the Rambam included the accompanying map so that the matter would be clearly understood.. This reflects his thrust throughout the Mishneh Torah: to provide his readers with an applicable text without any ambiguity.
39.
Thus it appears that the entire coastal range of Eretz Yisrael was not settled by the Jews who ascended from Babylon.
40.
The term "below" in this context is problematic. It does not mean "south," because significant portions of Syria are more northerly than Eretz Yisrael. Some commentaries understand it as meaning in height, because as Kiddushin 69b states,Eretz Yisrael is higher than other lands.
41.
Shinar itself, however, is part of the Diaspora, as evident from Halachah 1.
42.
As mentioned above, there are commentaries who consider Ashkelon to be part of the land conquered by the Jews who ascended from Egypt, but not that conquered by the Jews ascending from Babylonia. Some also place Acre in this category.
43.
See the following halachah for the practical application of this principle.
44.
Gittin 47a derives this concept fromLeviticus 25:23: "The entire land is Mine." Implied is that the land belongs to God and His ownership cannot be absolved through conquest by any earthly power.
This ruling was a point of question for the Rambam. As indicated by the notes of Rav Kappach to his translation of the Rambam's Commentary to the Mishnah (Pe'ah 4:9;Gittin 4:9, et al), the Rambam changed his mind concerning the issue several times and amended his text of the Commentary to the Mishnah accordingly. At first, he stated the opinion quoted here, then adopted the opposite view, that a gentile's acquisition does cause the agricultural obligations to be absolved, and finally returned to his original position. The Tur and the Shulchan Aruch(Yoreh De'ah 331:3-4) follow the Rambam's ruling here. See also Hilchot Shemitah VeYovel 4:29 where this issue is also discussed.
45.
In which instance, the agriculture laws would not be applicable, as stated in Halachah 2.
46.
The entire obligation to observe the agricultural laws in Syria is Rabbinic in origin (Halachah 4) and our Sages did not enforce their decrees in this instance.
47.
Halachot 15-19.
48.
I.e., completed the work involved in preparing them. See Hilchot Ma'aser 3:13.
49.
From the interpretation of the term by the Sages (Bechorot 11b), the intent seems to be that not only that the grain must belong to a Jew, but that he must perform the work to complete its preparation for use.
50.
I.e., for the produce to be obligated in the agricultural laws according to Scriptural Law, it must belong to the Jew and the Jew must complete the work involved with preparing it. If only one of these conditions was met, the obligations must be fulfilled only because of Rabbinic decree. See Halachah 13.
51.
The terumat ma'aser is sold to the priest and not given to him for the reason explained shortly afterwards by the Rambam. It cannot be kept by the owner, because he is forbidden to partake of it. Instead, it is consecrated and must be eaten by a priest in a state of ritual purity (Siftei Cohen331:10).
52.
I.e., he must separate the first tithe to fulfill the agricultural obligations incumbent upon the produce, but is not obligated to give it to the Levites. There is no difficulty in him keeping the tithes, because, as the Rambam explains, he is not obligated to give them to the Levite and there is no prohibition against him partaking of them, because they are not consecrated at all and any person may partake of them, even when he is not in a state of ritual purity.
53.
The gentile.
54.
Had the gentile completed the tasks associated with preparing the grain, he would not have been under any obligation to make any of these separations. Hence, although the Jew is obligated to separate the various allocations, the obligation is primarily a ritual one and not a financial one. With the exception of the great terumah, he is not obligated to accept any loss and may keep the first tithes for himself.
55.
I.e., like the first tithe, the terumat ma'asermust be separated, but it need not be given to the priest.
56.
There is, by contrast, no such verse stated with regard to the great terumah. Hence, it is not considered the property of the owner, but instead, must be given - and not sold - to a priest.
57.
See below and Hilchot Ma'aserot 2:5 for a definition of this concept.
58.
I.e., the tithes to a Levite and the terumot to a priest. It is as if the produce grew on land belonging to the Jew from the outset.
59.
I.e., as explained in the previous halachah and notes, the terumot and the tithes must be separated even if they - or a portion of them - are kept by the owner.
60.
He may keep one-third of the tithes as his own. The rationale is that since the produce reached one third of its growth in the possession of the gentile, the Jew is not liable to give away the terumat ma'aser and the tithes for that portion of the crop. With regard to that portion, the concepts stated in the previous halachah apply. With regard to the remaining two thirds, it is considered as produced owned by a Jew and is obligated in all agricultural laws.
61.
As stated in the previous halachah, he must give the great terumah to the priest without receiving any return whatsoever.
62.
It is as if the produce grew in the possession of the gentile from the outset in which instance, they are exempt from all agricultural obligations, as stated in Halachah 11.
The Ra'avad objects to this ruling based on the principle stated in Halachah 10: "When a gentile purchases land in Eretz Yisrael, he does not cause it to be absolved from [the observance of] the mitzvot. Instead, its holiness is still intact." The Radbaz explains that this principle applies only when the gentile purchases the land, but not when he purchases merely produce. The Shulchan Aruch (Yoreh De'ah 331:6) quotes the Rambam's view.
63.
I.e., if the produce is later sold to a Jew, the Jew must separate the terumot and the tithes. The rationale is that since the produce grew in a Jew's possession, it is considered as Jewish produce.
64.
Our translation is based on the interpretation of Rav Yosef Corcus as quoted by theKessef Mishneh. He explains that, based on the exegesis of Deuteronomy 18:4 byBechorot 11b (see Halachah 11 and notes), as long as the work is completed by a gentile, the fact that the produce belongs to a Jew is not significant.
65.
In one of his responsa, the Rambam writes (based on Menachot 67a) that this decree was enacted lest Jewish landowners have gentiles complete the work associated with the crops to avoid having to separate the tithes.
66.
I.e., even according to Rabbinic Law.
67.
I.e., performs the task which completes the work associated with the produce at which time the obligation to separate the terumotand tithes takes effect.
68.
I.e., it is as if the produce belonged entirely to the gentile and the laws stated in Halachah 11 apply.
69.
The Rambam is referring to the wording ofChallah 4:11: "One who purchases [land] in Syria is comparable to one who purchases [land] in the suburbs of Jerusalem."
70.
Halachah 4.
71.
Since the entire obligation to separate theterumot and tithes in Syria is Rabbinic in origin, our Sages applied it only when the Jew owned the land itself. Since the obligation to separate tithes when one purchases produce alone is merely Rabbinic in origin even in Eretz Yisrael, our Sages did not apply it in Syria.
72.
I.e., performs the task which completes the work associated with the produce at which time the obligation to separate the terumotand tithes takes effect.
73.
I.e., it is considered as if it was the gentile's produce entirely.
74.
The previous growth of the produce is not significant.
75.
Halachah 10.
76.
Our translation is based on the Rambam's definition of the term chocher in Hilchot Sechirut 8:1.
77.
Both the terms aris and mekabel refer to sharecropping agreements. The difference between them is that an aris is working for the owner of the field for a percentage of the crops (see Hilchot Shluchin 8:5), while amekabel is renting the field from the owner for a percentage of the crops (Hilchot Sechirut 8:2).
78.
The motivating principle behind these laws is that renting the field is not equivalent to purchasing it, for the land itself does not become his (Avodah Zarah 15a).
In Eretz Yisrael, by contrast, a person entering any one of these types of agreements would be obligated to separate the tithes (Radbaz).
79.
See the Kessef Mishneh who debates whether, to be obligated, the Jew must purchase the field or it is sufficient for him to purchase the produce alone without purchasing the land. It appears that he concludes that if one does not purchase the field, he is exempt as indicated by Halachah 15.
80.
The Radbaz states that the Jew may not deduct from the tithes the portion of the produce that grew in the gentile's possession. Since it incurred the obligation for tithes while in the Jew's possession and was completed by him, everything else is not of consequence.
81.
I.e., when it reached a third of its development.
82.
As payment of the produce due the owner from his field.
83.
I.e., we allow for the possibility that the sharecropper sold the produce from the field and then purchased other produce to pay the owner his due. The rationale for this leniency is that since the obligation to tithe in Syria is Rabbinic in origin, as long as we are not definitely certain that it applies, we rule leniently. In Eretz Yisrael, he would have to separate the tithes (Radbaz).
84.
In such a situation, there is room to say that the principle of bereirah applies. Bereirahmeans that retroactively, it is considered as if the division that was ultimately made was made at the outset (see Hilchot Ma'aser7:1). To explain within the context of the present situation: Were a portion of the field to belong to the gentile, there would be no obligation to separate the tithes from the grain that grew in that portion. To apply the principle of bereirah would mean that, after the division of the crops, it is clarified that at the outset, the portion of the field where the crops given to the gentile grew belonged to him. There is a debate among the Sages whether the principle of bereirah can be applied and with regard to halachah, the accepted general principle is that in question of Scriptural Law, it does not apply. Thus inEretz Yisrael, where the obligation to tithe is one of Scriptural Law, we do not accept this principle and maintain that the Jew has a share in the grain given to the gentile and hence, it is under obligation to be tithed.
85.
In this instance, all authorities agree that the principle of bereirah is not applied.
86.
Produce which is forbidden because theterumot and the tithes were not separated from it.
87.
Hence if a Jew purchases that produce, he must separate the terumot and the tithes.
88.
In such an instance, there is room to say that the principle of bereirah should be applied, because the obligation to separate the tithes is Rabbinic in origin. Nevertheless, since the fundamental obligation is Scriptural, we rule stringently even with regard to this dimension which is Rabbinic (Radbaz).
89.
Halachah 13.
90.
When quoting these laws, the Shulchan Aruch (Yoreh De'ah 331:11) states that in the present age, when the obligation to separate terumot and tithes in Eretz Yisraelis Rabbinic in origin (see Halachah 26), the laws applying to produce grown in Syria also apply to produce grown in Eretz Yisrael.
91.
And from that verse which speaks of the obligation to separate challah, we learn that one is also obligated to separate the terumotand the tithes.
92.
The Ra'avad differs and maintains that the exemption from the obligation to tithe applies only according to Scriptural Law. According to Rabbinic Law, all authorities agree that one is obligated, for this produce is comparable to that of Ammon and Moav. The Radbaz does not accept this perspective, stating that there is no source which maintains that a Rabbinic obligation exists. The Radbaz does, however, qualify the Rambam's ruling, explaining that it applies only when the work that makes the produce obligated to be tithed is completed in the Diaspora. If this work is completed inEretz Yisrael, the obligation to separate the tithes has already been incurred and they must be separated even if the produce was later taken to the Diaspora. For this reason, in most instances, terumah and tithes must be separated from produce that is grown inEretz Yisrael in the present age and later exported to the Diaspora. This, however, applies to fruits only, not vegetables as stated in Chapter 2, Halachah 6.
93.
The Kessef Mishneh questions why the obligation to separate the tithes is only of Rabbinic origin. Since the concept is based on the exegesis of the same Biblical term as mentioned above, if the work that made the produce obligated to be tithed was performed in Eretz Yisrael, why is the obligation not Scriptural in origin? TheKessef Mishneh answers that since the prooftext mentions "the bread of the land," one can conclude that the obligation applies only to produce grown in the Holy Land itself. Alternatively, the Kessef Mishnehsuggests that indeed if the work that makes the produce obligated to be tithed is completed only in Eretz Yisrael, the obligation is indeed Scriptural in origin. This ruling is quoted by the Siftei Cohen 331:22.
94.
Our translation is based on the Rambam's Commentary to the Mishnah (Challah 2:2).
95.
Even if it does not have a hole, since wood is porous, it is as if the earth on the ship is connected to the earth in Eretz Yisrael.
96.
I.e., if the trunk is located in Eretz Yisrael, the tithes must be separated from the produce. If it is located in the Diaspora, they need not.
The Rambam LeAm notes that the laws in this halachah must be qualified on the basis of Halachah 22. For if as stated there, everything depends on where the work that makes the produce obligated in the tithes is completed, of what difference does it make where the produce grows. That text explains that if the person separates tithes from produce that grew in the Diaspora before the work that makes the produce obligated in the tithes is completed, even if that work is completed in Eretz Yisrael, the tithes separated are not significant. For at the time, they were separated, there was no obligation to tithe the produce.
97.
Generally, if there is a hole in the bottom of a flowerpot, it is considered as if the plant is connected to the earth beneath it. Nevertheless, in this instance, Gittin 22a teaches that we follow the foliage of the plant and not the position of the hole in the flower pot.
98.
Who brought about a consecration of Eretz Yisrael that is effective until the present day, as stated in Halachah 5.
99.
More precisely, the majority of the Jewish people, for the majority is considered equivalent to the entire whole.
100.
There is no such phrase in the Torah stated with regard to terumah or the tithes. The commentaries explain that Ketubot 25a makes such a statement with regard to the mitzvah of challah based on Numbers 15:18 and the laws regarding terumah are derived from it. See also a parallel ruling inHilchot Shemitah VeYovel 10:8.
101.
The Ra'avad differs with the Rambam and maintains that the obligation to separateterumah has the status of a Scriptural commandment in the present age. In hisKessef Mishneh, Rav Yosef Caro elaborates in support of the Rambam's position and in his Shulchan Aruch (Yoreh De'ah 331:2), he rules accordingly.
102.
In the era of Mashiach. At that time, the observance of all the agricultural laws will return to Scriptural status, as stated inHilchot Melachim 11:1.
103.
Indeed, we find several sources (Yoma 9b) where our Sages criticized the majority of the people for remaining in Babylonia.
104.
The commentaries point to Ezra 2:62-63 as indicating that in the era of the Second Temple, terumah was still observed with the status of a Scriptural mitzvah. For Ezra and Nechemiah restricted the priests whose lineage was not affirmed from partaking of it. Nevertheless, it can be explained that at that time, they were expecting the majority of the people to return and then, the status of the mitzvah would revert to that of Scriptural origin. Lest confusion arise concerning these priests were this to occur, they enforced these restrictions.
105.
See Hilchot Ma'aser 1:7 which points to several dimensions of the equivalence between terumah and the tithes.
106.
Although in Halachah 1, the Rambam writes that the Scriptural status of terumah and the tithes is not dependent on the Temple, there is no contradiction to this halachah. If the majority of the Jewish people are located inEretz Yisrael, these mitzvos have the status of Scriptural Law, even if the Temple is not standing. Conversely, even if the Temple is standing, if the majority of the Jewish people are not located in Eretz Yisrael (as was the case in the Second Temple era), the status of these commandments is Rabbinic (Radbaz).
Terumot - Chapter 2
Halacha 1
[We are] obligated [to separate] terumah from food1 [designated] for human [consumption],2 that is guarded,3 and that grows from the earth.4 It is a positive commandment5 to separate the first portion [of such crops] for a priest, as [Deuteronomy 18:4] states: "You shall give him the first portion of your grain, your wine, and your oil." Just as grain, wine, and oil are [agricultural produce that] is food that is designated for humans, grows from the earth, and has an owner - as indicated by the term "your grain,"6 - so, too, [we are] obligated to [separate] terumot and tithes from any analogous [agricultural produce].7
Halacha 2
[We are] obligated [to separate] terumah and tithes from vetch,8 even though it is not [usually] food for humans, since it is eaten [by humans] in a year of famine. [We are] obligated [to separate] tithes from siyah, hyssop,9 andkoranit10 that are sown for human consumption. Similar laws apply to analogous species.
If they were sown as animal fodder, even though the person changed his mind and thought to use them for human [consumption] while they were still connected to the ground, they are exempt. For the intent [of the owner] while [the produce] is growing is of no consequence.11
[The following rules apply if] these herbs grow in a courtyard on their own. If the produce growing in the courtyard is guarded,12 [we are] obligated to [separate the tithes], for most probably it is for human consumption. If the produce within is not guarded, it is exempt.
Halacha 3
Seeds of garden vegetables that are not eaten, e.g., turnip seed, raddish seed, onion seed, and the like are exempt from terumah and tithes, because they are not used for human consumption. [We are,] by contrast, obligated [to separate] terumah and tithes from caraway seed.13
Halacha 4
Blossoms of chilba,14 mustard seed, white beans, capers, and the caper bark15 are exempt, because they are not considered as produce.
When does the above apply? When they were sown for seed. When, however, they were sown for their produce, there is an obligation [to tithe].16Similarly, there is an obligation [to tithe] caper berries, because they are produce.
Halacha 5
When coriander was sown for seed, its vegetable is exempt from terumah and the tithes.17 If it was sown as a vegetable, we must separate terumot and tithes from both the vegetables and the seed.18 Similarly, when shevet19 is sown for seed, its vegetable is exempt from terumah and the tithes. If it was sown as a vegetable, we must separate terumot and tithes from both the vegetables and the seed. The seed capsules need not be tithed. If he sowed it for the sake of the seed capsules, he must separate terumot and tithes from the vegetables, the seed, and the seed capsules. Similarly, when cress and wild cress20 were sown as a vegetable, we must separate tithes from both the seed and the vegetables.
What is meant by [the statement] we must separate tithes from both the seed and the vegetables? That if he gathered the vegetables to eat them, he must separate terumah and the tithes and [only] then, eat. When [he allows the plant] to dry [and produce] seeds which he gathers, he must make these separations from the seed.
Halacha 6
Even though vegetables are used for human consumption, the obligation to tithe them is only Rabbinic in origin.21 [The rationale is that] with regard to the tithes, [Deuteronomy 14:22] speaks of "the yield of your planting." Now the term tevuah [translated as "yield"] refers to grain and the like. Vegetables are not included as tevuah.
Similarly, it appears to me22 that this also applies with regard to terumah, for with regard to terumah, it is stated: "your grain, your wine, and your oil." Implied is that the obligation is applied to all species resembling those.23Instead, terumah which is separated from vegetables is a Rabbinic decree like their tithes.
Halacha 7
We do not separate terumah and tithes from vegetables in the Diaspora, even in the places where we said that tithes should be separated,24 Similarly, vegetables that come from the Diaspora to Eretz Yisrael, even though there is earth in their roots,25 they are exempt26 and nothing was decreed concerning them.27
When grain or legumes are sown for their vegetables, the person's intent is not considered of consequence because of the prevailing conception of most people. [Hence,] their vegetables are exempt and [we are] obligated [to separate] terumah and tithes from their kernels.
Halacha 8
Halacha 9
The following are exempt from terumah and tithes: Leket, shichachah, pe'ah, individual grapes that separate from a cluster, and underdeveloped grape clusters.32 This applies even if [a poor person] collects them in a grainheap.33If, however, he collects them in granary in the field, it is established that there is an obligation for tithes upon them and terumah and tithes must be separated from them.34 If, however, he collects them in a granary in a town, they are exempt, for the matter is spoken about and everyone knows that [the produce] is leket, shichachah, and pe'ah.
Halacha 10
One is obligated [to separate] terumah and tithes from leket, shichachah, andpe'ah [left] by a gentile35 unless he declared them ownerless. Similarly, if grain and olives did not reach a third of their growth, they are exempt from terumahand the tithes.36
How can one know [whether produce has reached a third of its growth]? When [the kernels] would grow if they were sown,37 it is known that it has reached a third of its growth. If a person transgressed and separated [terumah] from grain and olives before they reached a third of their growth, [the separated produce] is not terumah.38
Halacha 11
Halacha 12
When a person declares standing grain ownerless, takes possession of it, and then transgresses and separates terumah,41 the laws of terumah apply to the produce separated.42 If, however, he declared sheaves [of grain] ownerless, takes possession of them, and transgresses and separatesterumah, the laws of terumah do not apply to the produce separated.43Similarly, whenever a person separates [terumah] from produce from whichterumah is not obligated to be separated, the laws of terumah do not apply to the produce separated.
Similarly, with regard to tithes, produce which the majority of people do not ordinarily sow in their gardens and fields, but instead, can be assumed to have grown ownerless are exempt from terumah and tithes. [This includes] garlic that makes one cry, onions of Rikpah,44 a pearled Cilcilian bean, Egyptian lentils,45 and the like.
Halacha 13
[The following laws apply if] produce from which we are obligated to separateterumah becomes mixed with produce which is exempt,46 e.g., olives gathered by the poor47 become mixed with olives reaped [by the owner], underdeveloped grape clusters48 become mixed with grapes that were harvested. If the person has other produce,49 he separates [terumah from it] for the produce upon which the obligation lies according to the appropriate reckoning.50If this is all the produce the person has, he should separateterumah and terumat ma'aser for the entire mixture,51 as if there was an obligation to separate terumah from the entire amount.52 He should separate the first and second tithes for the produce upon which the obligation lies according to the appropriate reckoning.53
Halacha 14
Terumah [must be given] to a priest whether it is in a state of ritual purity or not. Even if all the grain or the wine became impure before [terumah] was separated, he is obligated to separate the terumah that is impure and give it to a priest, as [Numbers 18:8] states: "And behold I have given you the watch over My terumah,"54 i.e., whether it is pure or impure. The pure [terumah] may be eaten by the priests and they can benefit from the impure [terumah] by burning it.55 If it is oil, it can be kindled [as fuel for a lamp]. If it is grain or the like, it can be used as fuel for an oven.56
Halacha 15
Similarly, if terumat ma'aser became impure - or if the tithes became impure, he must separate [terumat ma'aser] in impurity and give it to a priest to benefit from by using it as fuel.
Halacha 16
Anyone who separates the great terumah or terumat ma'aser should recite a blessing before separating it, just as one recites a blessing over the observance of all the mitzvot, as we explained in [Hilchot] Berachot.57
Halacha 17
Terumah - even impure terumah - should not be taken from Eretz Yisrael to the Diaspora.58 We should not bring terumah from the Diaspora to Eretz Yisrael.59 If it was brought [from the Diaspora], it should not be eaten, because it is impure because [of contact with] the earth of the nations.60 It should not be burnt, lest people say: "We saw terumah that did not become impure being burnt." It should not be returned to the Diaspora, lest people say: "Terumah may be taken [from Eretz Yisrael] to the Diaspora." Instead, we leave it until it becomes impure because of a known source of impurity61 or until the day before Pesach if it was leaven,62 and then it will be burnt.
FOOTNOTES
1.
To exclude herbs grown as dyes and the like. This is derived from the fact that the prooftext cited states: "And you shall eat" [the Rambam's Commentary to the Mishnah (Ma'aserot 1:1)].
2.
In contrast to animal fodder (Shabbat 68a).
3.
By its owner, rather than left ownerless (the Rambam's Commentary to the Mishnah, loc. cit.).
4.
This excludes mushrooms whose roots do not enter the earth.
5.
Sefer HaMitzvot (positive commandment 126) and Sefer HaChinuch (mitzvah 507) include this commandment among the 613 mitzvot of the Torah.
6.
I.e., grain that someone calls his own.
7.
I.e., the Rambam considers grain, wine, and oil as examples, teaching that all similar produce must be tithes. Other commentaries (the Ra'avad, gloss to Hilchot Ma'aser 1:9; Rashi, Berachot 36a) maintain that, according to Scriptural Law, we are obligated to separate terumotand the tithes from only these three types of produce. They maintain that the obligation to separate the tithes from other types of produce is Rabbinic in origin. See also Halachah 6.
8.
Beans that are used as animal fodder.
9.
This is the common translation for the termaizov. In his notes to the Rambam's Commentary to the Mishnah, Sh'vi'it, ch. 8, note 6, Rav Kappach identifies the Arabic term used by the Rambam as "oregano."
10.
In his Commentary to the Mishnah (Ma'aserot 3:3), the Rambam identifies these species as types of hyssop that grow wildly in gardens and courtyards.
11.
This is a principle applicable in other halachic contexts as well. See Hilchot Tuma'at Ochalin 3:3.
12.
E.g., it has a fence or the like around it.
13.
For it is used for human consumption. The Radbaz maintains that the obligation is Scriptural in origin.
14.
A pungent herb.
15.
Our translation is taken from the Rambam's Commentary to the Mishnah (Ma'aserot4:6).
16.
The Radbaz maintains that the obligation is Rabbinic in origin.
17.
Since it was sown as seed, the vegetables that grow are of no consequence.
18.
For even the seed can be used for human consumption.
19.
In his notes to the Rambam's Commentary to the Mishnah (Pe'ah, ch. 3, note 4), Rav Kappach identifies this as dill.
20.
See Rav Kappach's Commentary to the Mishnah (Ma'aserot 4:5).
21.
The obligation to make these separations from other fruits, by contrast, is Scriptural in origin. See Halachah 1 and notes.
22.
The Rambam's use of this expression in this instance has raised questions. Generally, he employs this expression to refer to laws that he derives through his powers of deduction without a previous Rabbinic source. In this instance, however, this concept is explicitly stated in the Jerusalem Talmud (Challah 4:4) and in the Babylonian Talmud (Zevachim76a).
23.
And vegetables are not comparable to these species.
24.
See Chapter 1, Halachah 1, which states that tithes should be separated in Babylon, Ammon and Moab. Nevertheless, since there is no Scriptural obligation to tithe vegetable, our Sages did not impose such an obligation in the Diaspora. Thus even when vegetables from Eretz Yisrael are exported to the Diaspora in contemporary times, there is no need to separate terumahand tithes.
25.
And thus they will continue growing in Eretz Yisrael.
26.
According to Scriptural Law. Even though there is an obligation on other produce as stated in Chapter 1, Halachah 22, our Sages did not extend this obligation to vegetables.
27.
By the Sages.
28.
An herb identified as chilbah, a sharp and pungent herb used in Eretz Yisrael today.
29.
And thus there are certain laws (see Chapter 11, Halachah 9; Chapter 12, Halachah 7) that deal with chilbah as if it were not fit for human consumption.
30.
When it is still soft and edible.
31.
The Ra'avad takes issue with the Rambam, noting that in Halachah 4, he ruled that chilbah blossoms are exempt. The Kessef Mishneh explains that there is no contradiction, for there is a difference between chilbah and chilbah blossoms.
32.
As explained in Hilchot Matanot Aniyim, all of these are portions of one's crops that must be given to the poor. Since they are ownerless, they are exempt according to Scriptural Law, as indicated by Halachah 1.
The Rambam's statements are based onChallah 1:3. That mishnah does not, however, mention individual grapes that separate from a cluster and underdeveloped grape clusters. Nevertheless, since they are also presents given to the poor from our produce, the same laws apply to them.
33.
Although the Jerusalem Talmud (Kilayim 6:2) equates a granary with a grainheap, the Babylonian Talmud (Berachot 40b) mentions only a granary (Kessef Mishneh).
34.
As evident from the continuation of the Rambam's statements, the obligation is Rabbinic in origin, lest an observer think that the harvesting process will have been completed by the owner of the field without the agricultural obligations being met. SeeBerachot, loc. cit.
35.
A gentile is not required to leave these presents for the poor. Hence, if he does leave them, they are not given that status. Nevertheless, they are not considered as ownerless, but rather as a present given by the gentile to the poor (Radbaz). Hence, the produce is considered as produce from a gentile acquired by a Jew. If the Jew completes the work associated with the produce, terumah and the tithes must be separated from [Chapter 1, Halachot 10-11; see also the Rambam's Commentary to the Mishnah (Pe'ah 4:9)].
36.
Because the produce is not considered significant until it reaches that size (Siftei Cohen 331:28).
37.
Our translation is based on the Rambam's Commentary to the Mishnah (Ma'aserot1:3).
38.
If a separation was made from produce that was exempt for produce that was liable, a new separation must be made and none of the prohibitions applying to terumah are associated with the produce separated originally.
39.
Although declaring property ownerless is in certain matters equivalent to taking a vow (Hilchot Nedarim 2:14) and the laws of vows do not apply to a gentile, when a gentile declares property ownerless, his declaration is effective. This concept is not accepted by all authorities and some even suggest alternate versions of the Mishneh Torah. Nevertheless, it is borne out by the Rambam's Commentary to the Mishnah (Pe'ah, loc. cit.).
40.
For the crops themselves are not ownerless (Radbaz).
41.
He is considered to have transgressed, because, according to law, there is no obligation to separate terumah from such produce. Even though the original owner himself took possession of the field, there is no difference between it and other ownerless crops. See Hilchot Matanot Aniyim 5:27.
42.
Since while the grain is standing, separating a portion as terumah would not be effective, if it was declared ownerless at that time, that declaration does not prevent the separation of terumah afterwards from being effective [Jerusalem Talmud (Ma'aserot 1:1)].
43.
Since terumah separated from sheaves is effective (even though all the work associated with preparing crops is not completed), if the sheaves are declared ownerless, that declaration prevents the separation of terumah from being effective (ibid.).
44.
Our translation is based on the Rambam's Commentary to the Mishnah (Ma'aserot 5:7) where he explains that these species of garlic and onion are so pungent that they cause people to cry. He does, however, allow for the possibility that the Hebrew terms refer to names of places.
45.
These types of beans and lentils are of abnormal shape and grow wild (ibid.).
46.
And a separation between the two cannot be made.
47.
From which terumah need not be separated.
48.
These types of beans and lentils are of abnormal shape and grow wild (ibid.).
49.
From which he is obligated to separateterumah, but from which he did not separate it as of yet.
50.
I.e., if five pounds of grapes from which there was an obligation to separate terumahbecome mixed with other grapes, we separate an amount of terumah sufficient for five pounds of grapes from an additional source of grapes. With regard to the measure of terumah appropriate to give, see the following chapter.
51.
This is speaking about an instance where wine was made from the grapes and oil from the olives. Hence every drop contains a mixture of produce from which terumah is obligated to be separated and produce upon which there is no obligation.
52.
He cannot merely separate the appropriate amount from the mixture, because one may not separate terumah (or tithes) from produce upon which there is no obligation for produce upon which there is an obligation. Since in every drop that he separates, there is a portion upon which there is no obligation, that separation is not effective (Siftei Cohen331:28). As the Rambam writes in his Commentary to the Mishnah (Challah 3:9), one must be stringent and separate terumahand terumat ma'aser for the entire amount, because one is liable for death at the hand of heaven for partaking of produce from which these allocations were not made properly.
In that source, the Rambam adds that the owner must buy the olives or the grapes to be given to the poor from them before he takes possession of the entire mixture.
53.
The Siftei Cohen 331:29 and the Turei Zahav 331:7 explain that the intent is that one should separate the tithes for the entire amount, but give the Levite only the tithe for the amount upon which the obligation originally lay. In this manner, he will not have separated the tithes from produce upon which there is no obligation and yet will not have given the Levite more than would have had to.
54.
In the verse, the noun terumah uses a plural form alluding to two types of terumah: pureterumah and impure terumah. See alsoHilchot Ma'aser 6:2.
55.
It is forbidden to partake of it.
56.
It may not, however, be given to animals as animal fodder. See Sefer HaMitzvot (positive commandment 90) which states that it is a mitzvah to burn impure terumah. Impureterumah from fruits that will not be useful as fuel must be buried.
57.
As stated in Hilchot Berachot 11:2, 6, 12, a blessing should be recited before the observance of every positive commandment.
58.
If the terumah is pure, it should not be taken to the Diaspora, because the very earth of the Diaspora is considered as impure by Rabbinic decree (see Hilchot Tuma'at Meit, ch. 11) and the terumah will become impure. Even if the terumah was already impure, it should be burnt in Eretz Yisrael. See Sh'vi'it6:5.
59.
Lest the priests seek to leave Eretz Yisraelto collect it [Jerusalem Talmud (Sh'vi'it 6:6)].
60.
I.e., by Rabbinic decree.
61.
i.e., it is forbidden in the Diaspora, because of the doubt that perhaps it came into contact with a corpse. Nevertheless, we do not burn it until we know certainly that it became impure.
62.
For all leaven must be burnt at this time.
Terumot - Chapter 3
Halacha 1
There is no minimum requirement for the great terumah according to Scriptural Law, as [implied by Deuteronomy 18:4]: "The first of your grain," i.e., even the slightest amount. Even one kernel of grain fulfills the requirement for the entire grain heap. As an initial and prefatory measure, one should separate only according to the measures specified by our Sages. In the present age, when [the terumah] will be burnt because of impurity, a person may separate even the smallest amount as an initial and prefatory measure.1
Halacha 2
What is the measure that our Sages established? A generous measure is one fourtieth [of the crop]. The average [measure] is one fiftieth and a parsimonious measure is one sixtieth.
Halacha 3
As an initial and preferred measure, we may separate one sixtieth [of the crop] as terumah from species to which the priests do not pay attention, e.g., carobs2 and kilisin beans.
[Similarly,] we [may separate] one sixtieth [of the crop as terumah] in the following situations: terumah separated from produce grown from terumah,3terumah that is mixed [with tevel],4 or impure terumah that became impure against one's will or inadvertently,5 terumah taken from consecrated crops,6terumah [separated in] the Diaspora, terumah from ketzach, kilisin, carobs,7poor quality wild figs, red barley kernels, and the like,8 and produce grown in a flower-pot that does not have a hole.9
Similarly, when guardians separate [terumah] from the produce of orphans, they should separate one sixtieth.10
Halacha 4
One should not11 separate this terumah with a measure, a scale, or by number, because [the Torah] did not specify a measure for this [allocation]. Instead, one makes an estimation and separates one fiftieth12 according to his conception.13One may, however, separate terumah from [produce that is] measured, weighed, or counted.14 He should not separate terumah using a basket or a container whose measure is known.15 He may, however, separate terumah by [filling] half or a third of their measure. One should not separate terumah [by using] half [a measure of] a se'ah, because its half is also a measure.
Halacha 5
When a person separates a large measure of terumah,16 as long as he leaves a certain portion as ordinary produce,17 [the separated portion] is terumah. If, however, he said: "All of this produce is terumah," his statements are of no consequence.18
If a person intended to separate one tenth [of his crop] as terumah, but it happened that he actually set aside one sixtieth, [the separated portion] isterumah.19 If, however, he intended to sixtieth as terumah, but it happened that he actually set aside one fiftieth, [the separated portion] is not terumah.20
Halacha 6
When a person sets aside terumah and it happened that he gave one twentieth [of his crop],21 [the separated portion] is terumah.22 If he set asideterumah and it happened that he gave one sixtieth [of his crop] and hence, he added more produce for the sake of terumah,23 the tithes must be separated from that additional amount.24 The priest must separate them and only then may he partake of it.25
If a person set aside terumah26 and it happened that he gave one sixty-first [of his crop], [the separated portion] is terumah, but he must set aside a second portion to complete the measure that he originally intended to give. This additional measure may be set aside with a measure, a scale, or by number.27He should set aside [the terumah] only from the produce that is encompassed [in the same area] as is true with regard to the initial separation [of terumah].28
Halacha 7
Halacha 8
When a person separates a portion of terumah from one grain heap and a portion of terumah from a second grain heap of the same species, he should not separate terumah from one grain heap for the other.31
[The following rules apply when a person] says: "The terumah for this grain heap is in its midst." If he specified a place - on the north side or the south - he has designated terumah and is obligated to separate terumah from that [portion of the grain heap]. If he did not specify a place, his statements are of no consequence.32
Halacha 9
Halacha 10
Halacha 11
[Produce] that is usually measured in volume, should be measured in volume. [Produce] that is weighed should be weighed and if it can [easily] be counted, it should be counted. If it could [easily] be counted, weighed, or measured in volume, it is praiseworthy to count it,38 more praiseworthy to measure its volume, and most praiseworthy to weigh it.39
Halacha 12
The mitzvah [to separate] terumat ma'aser is for a Levite to separate it from the tithe [given] him, as [Numbers 18:26] states: "When you take the tithe from the children of Israel...."40 An Israelite may separate terumat ma'aser and give it to a priest41 and then give the tithes to a Levite after separating the terumat [ma'aser] from it, i.e., a tenth of a tenth.
Halacha 13
When an Israelite separates the first tithe while the crop is still stalks [of grain] and gives it to the Levite before it was threshed and before he separated the great terumah, the Levite is not required to separate the great terumah from it after he threshes it, only terumat ma'aser.42
If, however, the Israelite threshed [the crop]43 and separated a tithe of the grain and gave it to the Levite before he separated the great terumah, the Levite is obligated to separate the great terumah and terumat ma'aser, since [the crop] has already been [separated into kernels of] grain, the obligation [to separate] terumah has fallen upon it, as [implied by the phrase]: "The first of your grain."44
Halacha 14
When a Levite took grain while it was in stalks, he should not give the terumahto the priest in stalks. Instead, we penalize him [and require him] to thresh [the crop], winnow it, and give the priest a tenth of a tenth of the kernels of the grain.45 He is not required to give him a tenth of the straw or the chaff.46 If he set aside terumat ma'aser while the crop was in stalks as it was given to him, he must crush it and give the priest the kernels and the straw.47
Why did they penalize him and make him crush it? Because he accepted the tithe while it was in the stalks and thus precluded the separation of the greatterumah.
Halacha 15
When an Israelite tells a Levite: "My father told me: 'I have ma'aser for you in my possession,' we are not concerned about [the possibility of] it containingterumat ma'aser. [We are confident] that his father separated the terumat ma'aser. Therefore he commanded him that the [entire] tithe should be given to the Levite.48
If [the Israelite] told [the Levite]: "My father told me: 'I have a kor49of ma'aserfor you in my possession,' we are concerned about [the possibility of] it containing terumat ma'aser.
Halacha 16
Terumat ma'aser that is an eight of an eight [of a log]50should be brought to a priest. For less than that, [we do not trouble him] to bring it to a priest.51Instead, he may throw it into the fire and burn it.52 With regard to wine and oil, by contrast, even the smallest amount [of terumat ma'aser] should be brought to a priest53 provided it is definitely terumat ma'aser and ritually pure.54 If it was ritually impure or if it was demai,55 if it does not contain [the above] measure, he is not required to trouble himself with it. Instead, he should burn it.
Halacha 17
We should separate the great terumah only from [produce] in the same location.56 What is implied? A person had 50 se'ah in one room57 and 50 se'ahin another,58 he should not separate two se'ah from one room for the entire 100 se'ah, for he would be separating produce from one location for produce from another.
[After the fact,] if one separated terumah from one location for produce in another, the separation is effective,59 provided the produce separated [asterumah] is protected. If, however, a person possessed jugs of oil and/or wine and saw that they were breaking, should he say: "These are terumah for the produce in my home,"60his words are of no consequence.61
Halacha 18
When produce is scattered in a room or there are two granaries in the same room,62 one may separate terumah from one for the entire amount.63When sacks of grain, spheres of dried figs, or jugs of figs are in the same place, one may separate from one for the entire amount. With regard to jugs of wine, until one has sealed their lids closed, he may separate terumah from one for the entire amount.64After they have been sealed, he must separate terumah from each one individually.65
Halacha 19
When a person was gathering bunches of vegetables and leaving them in [his] garden, he may separate terumah from one for the entire amount.66 If he brings another type of produce between them, he must separate terumah from each one individually. If he brought several species together in a container, e.g., cabbage on top, cabbage on bottom, and another species in between, he should not separate terumah from the top head for the bottom head.67
Halacha 20
Terumat ma'aser may be separated even if [the produce] is not in the same location. [This is implied by Numbers 18:28]: Separate terumah "from all of your tithes."70 [Implied is that] even if there is one [collection of] tithes in one city and another [collection of] tithes in another city, one may separate terumat [ma'aser] once for all of them. Torah scholars separate even terumat ma'aseronly from [produce] in one location.71
Halacha 21
When a Levite possessed [produce from] the first tithe from which terumat ma'aser was not separated and he left it so that he could continuously separate terumat ma'aser [for other crops] from it while it is still tevel, his actions are viable. [This is derived from Numbers 18:24]: "For the tithes of the children of Israel [from] which they will separate terumah...." Implied is that [the tithes] can be transformed into terumat [ma'aser] in their entirety.
Halacha 22
If one separated terumat ma'aser first and then left [the produce] so that one could continually separate terumat ma'aser for other produce from it until it becomes terumat ma'aser in its entirety, at which he would give it to a priest, his actions are of no consequence.72 [This is derived from ibid.:29]: "The sacred portion from it." Implied is that when its sacred portion is in it,73 it can be made terumat [ma'aser] for other [crops]. If its sacred portion is no longer in it, it cannot be made terumat [ma'aser] for other [crops]. Similarly, when a person sets aside crops to separate the great terumah from them, they must be tevel with regard to terumah.74 If a person sets aside crops to separate the tithes from them, they must be tevel with regard to the tithes.75
Halacha 23
When terumah and the tithes are separated, we separate them in proper sequence.
What is implied? Before everything, one separates bikkurim.76 Afterwards, [he separates] the great terumah, the first tithe, then the second tithe or the tithe for the poor.77 If a person separated the second [tithe] before the first, or the tithes before terumah, or terumah before bikkurim, his actions are effective despite the fact that he has transgressed a negative commandment.78
What is the source which teaches that a negative commandment is involved? [Exodus 22:28] states: "Do not delay your fullness offering or your priestly heave-offering."79[Implied is a command] not to delay [the separation of produce] that should come first. Lashes are not given [as punishment for the violation] of this prohibition.80
Halacha 24
When a person desires to separate the great terumah and terumat ma'aser at the same time, he should separate 1/33.33 of his crop.81 He should say: "One hundredth of [the produce] that is here - i.e., on the side of the produce which I set aside - is ordinary produce.82 The remainder of what I separated isterumah for the entire crop. The tithes which are necessary to be separated for these hundred portions83 of ordinary produce are at the side of [the produce] that I separated. The remainder of what I separated aside from theterumah is terumat ma'aser on the entire amount."84
FOOTNOTES
1.
Since the produce will ultimately be burnt, there is no purpose in setting aside more than the very minimum. The Radbaz notes that the priests are also given the opportunity to benefit from impure terumah, because they use it as fuel. Why then shouldn't they be given a full measure of impure terumah? He explains that since this is not the primary use of terumah, our Sages did not feel that for the minimal benefit the priest receives from burning the terumah, it was necessary to require the people to separate a larger amount.
2.
As stated in Hilchot Ma'aser Sheni 1:3, there are certain species of carobs which are generally not eaten by humans. There is no obligation to separate terumah from them according to Scriptural Law. Here we are speaking about carobs from which one is obligated to separate terumah according to Scriptural Law. Nevertheless, since they are not considered important by the priests, there is no need to separate more than the minimal amount.
3.
As explained in Chapter 11, Halachot 21 and 27, when produce that is terumah is sown, according to Scriptural Law, the produce which grows is ordinary produce andterumah and tithes must be separated from it. Nevertheless, our Sages were stringent and declared that the entire crop should be considered as terumah and sold to the priests (at a price substantially less than that of ordinary produce). Since the owners are required to consider the entire crop asterumah, our Sages did not require them to separate more than a sixtieth to be given asterumah (Tosefta, Terumot, ch. 5).
4.
Tevel is produce from which terumah and tithes were not separated. As indicated by Chapter 13, Halachah 1, if there are more than 100 times the amount of tevel asterumah, it is necessary to remove the amount of terumah that became mixed with the tevel and then separate the terumah. Since the person is already separating the amount of terumah from the mixture, our Sages did not require him to separate a large quantity of terumah from the tevel. As noted in Chapter 13, Halachah 2, more stringent laws apply when terumah becomes mixed with less than 100 times the amount of other produce.
5.
The Radbaz questions: Why is it not sufficient to separate the slightest amount asterumah as is the practice in the present age (Halachah 1)? He explains that in the present age, all terumah will become ritually impure. Hence, there is no need to give a significant amount at all. In the time of the Talmud, by contrast, significant amounts ofterumah that is pure must be separated. If an inconsequential amount of impureterumah would be separated, people might refrain from giving an appropriate amount of pure terumah.
6.
I.e., crops that were consecrated after the work involving their harvest was completed (at which time the obligation to separateterumah became incumbent upon them), but from which terumah was not actually separated. There is no need to separateterumah from crops that grew in a field belonging to the Temple treasury.
7.
Note, however, Hilchot Ma'aser Sheni 1:3.
8.
I.e., all of these species are types of produce that are not usually considered valuable.
9.
This leniency is granted for the obligation to separate terumah from such produce is merely Rabbinic in origin. Hence it is sufficient to separate one-sixtieth as an initial measure.
10.
Because special consideration is given to the orphans' property.
11.
In his Commentary to the Mishnah (Terumot1:7), Rambam states that separatingterumah in this manner is "forbidden." The commentaries question whether his use of different wording in this halachah indicates a change of position or not.
12.
This is the average measure. Our translation follows authoritative manuscripts of the Mishneh Torah. The standard printed text reads "one sixtieth."
13.
The Jerusalem Talmud (Terumah 1:7) derives this from Numbers 18:27: "And yourterumah will be considered for you...."Venechshav translated as "considered" shares the root chashav meaning "thought" or "estimate." Implied is that terumah should be given by estimation. Although this verse is speaking about terumat ma'aser which must be separated by exact measure (see Halachah 10), we follow the principle (see Rashi, Pesachim 24a): If a concept explicitly stated with regard to terumat ma'asercannot be applied to it, we assume that it is referring to the great terumah [the Rambam's Commentary to the Mishnah (loc. cit.)].
14.
I.e., one measures the produce and then separates terumah by estimation (ibid.).
15.
For that is obviously equivalent to separating with a measure.
16.
I.e., a measure above that stated by the Sages.
17.
I.e., he did not designate the entire crop asterumah.
18.
For Numbers 15:21 speaks of giving "from the first of your kneading." Implied is that one must give "from the first," but not all the first [the Rambam's Commentary to the Mishnah (Terumot 4:5, based on the Jerusalem Talmud)].
19.
For he had intended to give this amount of produce - and more - as terumah (Kessef Mishneh). And when giving terumah, one's deed must be aligned - at least partially - with his intent. Since the terumah is acceptable, there is no need for the person to supplement the amount separated and give the amount he originally intended (Radbaz).
20.
For he had not intended to give this amount as terumah (ibid.).
21.
I.e., without either desiring to give this amount or having a desire to give a lesser amount. Note the gloss of the Radbaz who suggests that there is a printing error in the text.
22.
The fact that he gave a larger measure than usual as terumah does not disqualify his gift.
23.
So that he would not be giving a parsimonious measure.
24.
Although normally, there is no obligation to separate tithes from terumah, since the portion he separated originally fulfilled his obligation, it immediately became necessary to separate tithes from the remainder of the produce.
25.
He must observe all the obligations required when partaking of terumah.
26.
With the intent of giving the measure required by our Sages.
27.
Although initially, one should not give a measured amount of terumah as stated in Halachah 4, in this instance, he is required to give a measured amount so that he will give the amount that he originally intended.
28.
As is required by Halachah 17, as an initial and preferable measure.
29.
In contrast to the situation described in the previous halachah, in this instance, the person originally intended to separate more. Hence, what he separated is not considered as terumah.
30.
Since the separation was not effective, that portion is considered as tevel and terumahmust be separated from it. Since it was set aside as a separate portion, the terumahshould be separated from it and not from other produce. See the Rambam's Commentary to the Mishnah (Terumot 4:1).
The Ra'avad differs with the Rambam's interpretation of that mishnah and maintains that the separated produce is in factterumah. The Kessef Mishneh justifies the Rambam's interpretation.
31.
For as mentioned above and in Halachah 17, preferably, one should separate terumahfrom the grain for which it is being separated and not from other grain.
32.
And he may separate terumah from other produce. The rationale is that terumah is called "the first." Implied is that it must be set aside from produce that is not "first" and in this instance, that has not been done (Siftei Cohen 331:45).
33.
I.e., he designated a certain portion of the first grain heap as terumah.
34.
I.e., the terumah for the second grain heap should be separated in a way entirely parallel to the separation from the first. It should be taken from an equivalent place and have the measure. Our translation is based on the version of the Mishneh Torahpossessed by the Radbaz and the Kessef Mishneh and their interpretations of that text. There are other slightly different versions of the text.
35.
As stated in Halachah 12, after a tenth of the produce is given to the Levites, they must separate a tenth of that tenth and give it to the priests as terumat ma'aser.
36.
I.e., in contrast to "the great terumah," as mentioned in Halachah 4.
As stated in the notes to that halachah, a verse ostensibly referring to terumat ma'aser (Numbers 18:27) states: "And yourterumah will be considered for you...."Venechshav translated as "considered" shares the root chashav meaning "thought" or "estimate." Implied is that terumah should be given by estimation. Nevertheless, according to the Jerusalem Talmud (Terumah 1:7), that verse refers to the greatterumah and not to terumat ma'aser(Radbaz).
37.
When it will be destroyed because of impurity.
38.
I.e., separating the terumat ma'aser after counting it is praiseworthy [the Rambam's Commentary to the Mishnah (Terumot 4:6)].
39.
For in this way, the measurement is most precise.
40.
Sefer HaMitzvot (positive commandment 129) and Sefer HaChinuch (mitzvah 396) include this commandment among the 613 mitzvot of the Torah.
41.
I.e., the Torah's requirement is for the Israelite to give the tithes to the Levite and for the Levite to separate one tenth of the tithes as terumat ma'aser. Nevertheless, if the Israelite desires to fulfill this mitzvah, he has the option. It is not considered as if he is usurping the Levite's right.
The Radbaz notes that the source for this concept (Gittin 30b) also implies that terumat ma'aser can be separated by estimation and finds it somewhat problematic to derive one concept from that source, but not the second. Nevertheless, he concludes that this is in fact the Talmud's conclusion.
42.
Berachot 47a derives this concept from the exegesis of Numbers 18:26 which speaks of taking "a tenth from the tithe." Implied is that only a tenth is separated from the tithe and nothing more.
43.
And completed all the other tasks to make it obligated for tithing.
44.
I.e., once produce has been reduced to kernels of grain, the obligation to separateterumah takes effect. Hence, the Levite must separate terumah from the tithe as well as terumat ma'aser.
45.
I.e., he is penalized by being required to perform the work necessary to process the stalks of grain until they are reduced to kernels.
46.
For the obligation to tithe is incumbent only on the food and not on the other parts of the plant.
47.
He is required to perform the tasks necessary to process the grain for the reasons mentioned above. Nevertheless, he must give the priest the chaff because he designated it as terumah while it was in its stalks. That sacred designation does not depart from the chaff when the kernels are separated from it.
48.
I.e., his statements indicate that his father desired that the entire tithe be given to the Levite. Hence, we assume that he already separated the terumat ma'aser.
49.
The mention of a measure indicates that he expects the Levite to separate the terumat ma'aser required for this measure.
The Ra'avad challenges the Rambam's ruling, noting that it is the opposite of the standard text of the Talmud (Gittin 30b). The Radbaz and the Kessef Mishneh state that the version of the Talmud possessed by the Rambam differed from the standard version and indeed, possesses an advantage over it.
50.
This measure, a kortov, is slightly less than 5 cc. according to Shiurei Torah and approximately 9.5 cc. according to Chazon Ish.
51.
Because such a small amount is of little value.
On the basis of the Jerusalem Talmud (Terumot 11:4), the Ra'avad questions the Rambam's ruling, maintaining that even the slightest amount of pure grain should also be brought to a priest if there was a definite obligation to tithe. The Radbaz and theKessef Mishneh acknowledge the validity of Ra'avad's questions, but offer possible resolutions for the Rambam's approach.
52.
He must, however, separate it. Otherwise, it is forbidden to benefit from the tithes.
53.
For even a small amount of these substances is of value for a priest (Radbaz).
54.
If it was not ritually pure, it would be of little benefit to the priest, for he could use it only as fuel. Hence we do not require that it be brought to him.
55.
Produce from which we are uncertain whether the tithes had been separated and hence, require that the tithes be separated again. Since the tithes are being separated merely as a safeguard and thus it is possible that there is no Scriptural obligation from this crop, we do not trouble him to bring a priest a very small amount.
56.
Our translation is taken from the Rambam's Commentary to the Mishnah (Challah 1:9). Note the contrast to terumat ma'aser as stated in Halachah 20.
57.
We have chosen this translation for bayitbased on the gloss of the Kessef Mishneh to Halachah 18 where he explains that when one grain heap is in a room and another in the loft of the same building, they are considered as being in the same place. This interpretation enables us to understand an otherwise difficult passage in the Tosefta, Terumot 3:9.
58.
Everything that is in the same room is considered as being in the same location even if the two piles of produce are not touching each other (Radbaz; see the following halachah).
59.
The Siftei Cohen 331:49 explains the rationale for the above restriction and why it is not binding after the fact. As mentioned above, according to Rabbinic Law, one must separate between one fortieth and one sixtieth of the crop as terumah and that separation must be made by estimation. Hence, in order to make an appropriate estimation, one must be in the same place as the produce. Nevertheless, since according to Scriptural Law, one fulfills his obligation with even one grain, after the fact, such a separation is not disqualified.
60.
And thus try to receive something of value for the wine and/or oil that will be spilled.
61.
Since the jugs are breaking, we considered them as having been broken already and the produce as having been spilled. When quoting this law, the Shulchan Aruch (Yoreh De'ah 331:25) states that in the present age, when terumah is destroyed regardless because of its impurity, even when the jugs are breaking, the separation is effective.
62.
Our translation is taken from the Rambam's Commentary to the Mishnah (Challah 1:9). Note the contrast to terumat ma'aser as stated in Halachah 20.
63.
Since they are in the same room, they are considered as being in the same place.
64.
It is considered as if they were all mixed together [see the Rambam's Commentary to the Mishnah (Ma'aser Sheni 3:12)].
65.
Each closed jug is considered as a separate entity, even though they are all in the same room.
66.
For the entire garden is considered as a single entity.
67.
Since there are other species between them, they are not considered as of the same group.
68.
The fact that they are in the same granary causes them to be considered as a single entity.
69.
I.e., provided he has not begun removing produce from the granary.
70.
The Rambam is not quoting the verse as it appears in the Torah.
71.
The Siftei Cohen 331:48 describes this as the most choice way of observing the mitzvah. The Radbaz emphasizes that this is a stringency that Torah scholars have accepted upon themselves and, according to the Rambam, is not even a Rabbinic obligation. The Ra'avad explains that an Israelite need not separate terumat ma'aserfrom produce that is in one place, but a Levite must. The Kessef Mishneh does not accept that position and quotes sources in support of the Rambam's view.
72.
And it is as if terumat ma'aser has never been separated for the produce for which he intended that it serve that purpose.
73.
I.e., terumat ma'aser has not yet been separated.
74.
I.e., terumah has never been separated from them. See Chapter 5, Halachah 12.
75.
I.e., the tithes have never been separated from them. See Hilchot Ma'aser 1:7.
76.
The first fruits.
77.
I.e., either one or the other. For in the year the second tithe is separated, the tithe for the poor is not separated.
78.
Sefer HaMitzvot (negative commandment 154) and Sefer HaChinuch (mitzvah 72) include this commandment among the 613 mitzvot of the Torah.
79.
"Your fullness offering" refers to bikkurim for they are separated when the produce becomes full. "Your priestly heave-offering" refers to terumah. Thus the bikkurimprecede terumah. See also Terumot 3:6-7.
80.
Temurah 4b explains that this prohibition is considered as correctable by the fulfillment of a positive commandment, for one may make separations in the proper order. See the gloss of Radbaz.
81.
I.e., three hundredths of his crop. An average donation of terumah is one fifitieth, two hundredths. And terumat ma'aser is one tenth of the first tithe, another hundredth. See the Rambam's Commentary to the Mishnah (Demai 5:2).
82.
This refers to the portion that will be separated as terumat ma'aser. Initially, it is to remain as ordinary produce, so that the prohibition against making the separations in improper sequence is not violated. See Ra'avad.
83.
I.e., including that which was separated asterumah.
84.
In this way, he will have separated terumah, the tithes, and terumat ma'aser in proper sequence.
• English Text | Video Class•
"Today's Day"
Wednesday, Adar II 13, 5776 · 23 March 2016
Shabbat Adar Sheini 13, Parshat Zachor 5703
Haftora: Ko amar hashem. Say Av harachamim (p. 191). Do not say Tzidkat'cha (p. 209).
Torah lessons: Chumash: Vayikra, Shevi'i with Rashi.
Tehillim: 69-71.
Tanya: So, too, money (p. 167)...or Prayer. (p. 169).
"Amalek came forth and fought with Israel at Refidim."1 "Refidim" implies "weakness of hands," Israel's neglect of Torah.
When Jews become weak in Torah - and Torah study is directed to fulfillment - then Amalek comes and cools the Jew's ardor. "Amalek fought with Israel." The word "Israel" is an acronym in Hebrew for "there are 600,000 letters in the Torah"; (Every Jew has a letter in the Torah, and this is the reason for the universal Jewish custom of each person writing a letter in a Torah scroll.2) Amalek cools this sanctity of Torah.
The antidote for this is (Moshe's command to Yehoshua) "Choose men for us"3 - Moshe's men, and "In every generation there is an extension of Moshe,"4 for in every generation there are the "heads of the thousands of Israel."
"And go forth and fight Amalek." Note the verbs in singular form (addressing each individual), for Torah is eternal, equally relevant in every generation in every time and place.5
FOOTNOTES
1.Sh'mot 17:8.
2.Parenthetical observation in the original Hebrew text.
3.Ibid 17:9.
4.Tikunei Zohar 114a.
5.Torah is eternally relevant, and in every age the ("extension of") Moshe of that era commands each of us individually ("...verbs in singular...") to "go forth and fight Amalek."
•
Daily Thought:
Happiness Times Three
There is a quiet happiness: an inner sense of bliss, the innocent joy of a small child, one of wonderment and gratitude. It is a happiness to carry with you at all times.
Then there are those seasons when happiness blooms for all to see, bursting out in song, in dance, in celebration. A festival, a wedding, a time to feast and rejoice with family and friends.
But the ultimate happiness is the joy of Purim. It is no longer about you, your family, your life. It is about making others laugh, bringing smiles to the weary, celebration to those who feel abandoned, a feast to those who had lost all hope.
It is a season for breaking out of yourself, out of your character, out of all those bounds you have set for yourself—“beyond knowing.”
The light of Purim knows no bounds.[
Likkutei Sichot, vol. 16, p. 371.]
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