Wednesday, August 31, 2016

Richard Rohr's Meditation: "Commodity Culture" Center for Action and Contemplation in Albuquerque, New Mexico, United States for Thursday, 1 September 2016

Richard Rohr's Meditation: "Commodity Culture" Center for Action and Contemplation in Albuquerque, New Mexico, United States for Thursday, 1 September 2016
As the Twelve Steppers wisely say, "You only need more and more of what is not working."
Richard Rohr's Daily Meditation

"Spirituality of Letting Go: Week 1"
"Commodity Culture"
Thursday, September 1, 2016

All great spirituality is about letting go. I say this as an absolute statement. Francis of Assisi profoundly understood that. He let go of his life in the upper class and joyfully lived in solidarity with those at the bottom, the sick and the poor. But you and I have grown up with a capitalist worldview, not a Franciscan worldview. That doesn’t make us bad or entirely wrong. But it has blinded our spiritual seeing. We tend to think that more is naturally better. Spiritual wisdom reveals thatless is more. Jesus taught this, and the holy ones live it. I want to invite you to experience the liberating power of this perennial discovery.
The Gospel, truly interpreted, wants everybody to win, to live in a world of freedom and joy. There is an alternative to our consumer, commodity, market mentality. We might call it the personal, relational, or being mode. It is a worldview in which all of us can succeed on some real level. It isn’t a win/lose model where only a few win and most lose. It’s a win/win worldview, but only if we’re willing to let go of our need to be the primary or exclusive winner. The trouble with the dominance of the competitive model is that it needs lots of losers so that one can be declared the best. Maybe this is good for the market, but it is bad for the soul.
You see, if something is working, you don’t need another one or a higher one or a better one—which is what a consumer culture builds on. If something is already making you happy, you don’t need more of it. The fact that you need more and more and better and better of almost everything tells me that the commodity culture isn’t working. Of course, the key is to find what really makes you happy, which finally has to be on the level of your naked being, not any doing, achieving, or performing. Oh, I hope you do a lot of good things, but let them come out of your good being, and then you can be happy whether you succeed or not.
The task of healthy religion is to communicate to you your inherent dignity and the dignity inherent in everything else too. If you do not discover that deep inherent meaning, then everything else will finally disappoint you, driving your obsession with more. As the Twelve Steppers wisely say, “You only need more and more of what is not working.”
As a Divine creation, you have an intrinsic meaning, an irreplaceable worth. Once you can fully accept that inherent dignity in yourself, your happiness is henceforth an inside job, and you will naturally hand it on to others too, because the Source is now infinite and you are finally connected to your Source.
Gateway to Silence: Let be. Let love.
Reference:
Adapted from Richard Rohr, The Art of Letting Go: Living the Wisdom of Saint Francis (Sounds True: 2010), disc 2 (CD).
Living School for Action and Contemplation
Religion is not something we do with our better moments; it’s not a persona. It comes out of authenticity. We are all wounded healers. Both parts are equally real. When we can bring them in line with our willingness to serve, they come together to create the new creation that each one of us can become and, by the grace of God, needs to become. The world needs human beings. —Cynthia Bourgeault

Learn more about the two-year program at cac.org/living-school.
Last chance to apply for the 2017-2019 program! Applications are available throughSeptember 16, 2016. Completed applications, as well as two recommendations, are due September 30, 2016. Fellowships and need-based scholarships are available—please apply to the Living School before requesting financial assistance.
-------
Center for Action and Contemplation
Center for Action and Contemplation
1823 Five Points Road South West (physical)
PO Box 12464 (mailing)
Albuquerque, New Mexico 87195, United States
-------

"The God Pause Daily Devotional" from The Luther Seminary in Saint Paul, Minnesota, United States for Thursday, 1 September 2016 with Scripture: Luke 14:25-33


"The God Pause Daily Devotional" from The Luther Seminary in Saint Paul, Minnesota, United States for Thursday, 1 September 2016
with Scripture:
 Luke 14:25-33
-------

Luke 14:25 Large crowds were traveling along with Yeshua. Turning, he said to them, 26 “If anyone comes to me and does not hate his father, his mother, his wife, his children, his brothers and his sisters, yes, and his own life besides, he cannot be my talmid. 27 Whoever does not carry his own execution-stake and come after me cannot be my talmid.
28 “Suppose one of you wants to build a tower. Don’t you sit down and estimate the cost, to see if you have enough capital to complete it? 29 If you don’t, then when you have laid the foundation but can’t finish, all the onlookers start making fun of you 30 and say, ‘This is the man who began to build, but couldn’t finish!’
31 “Or again, suppose one king is going out to wage war with another king. Doesn’t he first sit down and consider whether he, with his ten thousand troops, has enough strength to meet the other one, who is coming against him with twenty thousand? 32 If he hasn’t, then while the other is still far away, he sends a delegation to inquire about terms for peace.
33 “So every one of you who doesn’t renounce all that he has cannot be my talmid.[Complete Jewish Bible] 
-------
"Pick up your cross and follow me..." How many of us have done this lately? In his book, The Cost of Discipleship, Dietrich Bonhoeffer said, "When Christ calls a man, he bids him come and die." Are we living a life in which we truly push the threshold of doing God's work in a way that forces others to question us and put us on trial? I suppose the answer is "No". I suppose that most of us today have no intentions of being martyrs for the sake of some cause. But perhaps like you I too have found myself asking what difference I am making in the lives around me. Martin Luther King, Jr. was another man of faith who died so young for something so great. Today, we might ask ourselves what the cross means in our own faith journeys--we might ask what it would cost to truly call ourselves "Christians."
God of life, we ask you to center our thoughts and actions on your son, our savior and Lord. For many of us, life has become monotonous and repetitive—life has become pointless activity. Give us courage today to become someone different. Give us courage to live our lives for others, rather than for ourselves. Amen.
Craig Wexler, '10
Pastor, Lutheran Memorial Church, Pierre, SD 
Luke 14:25 Now large crowds were traveling with him; and he turned and said to them,
26 "Whoever comes to me and does not hate father and mother, wife and children, brothers and sisters, yes, and even life itself, cannot be my disciple.
27 Whoever does not carry the cross and follow me cannot be my disciple.
28 For which of you, intending to build a tower, does not first sit down and estimate the cost, to see whether he has enough to complete it?
29 Otherwise, when he has laid a foundation and is not able to finish, all who see it will begin to ridicule him,
30 saying, "This fellow began to build and was not able to finish.'
31 Or what king, going out to wage war against another king, will not sit down first and consider whether he is able with ten thousand to oppose the one who comes against him with twenty thousand?
32 If he cannot, then, while the other is still far away, he sends a delegation and asks for the terms of peace.
33 So therefore, none of you can become my disciple if you do not give up all your possessions.[New Revised Standard Version]
-------

The Upper Room Daily Reflections, daily words of wisdom and faith in Nashville, Tennessee, United States "Listen to Jesus" for Thursday, 1 September 2016



The Upper Room Daily Reflections, daily words of wisdom and faith in Nashville, Tennessee, United States "Listen to Jesus" for Thursday, 1 September 2016Today’s Reflection:
MY FIRST ENCOUNTER with Jesus’ amazing love came over two decades ago, when my first marriage was crumbling. Though I was an agnostic at the time, one afternoon I knelt down beside our bed, weeping, and heard myself cry out almost involuntarily, “Jesus, please help me.” In the wake of that prayer a peace flooded over me that did pass all understanding.
In the months that followed that awesome experience, the fabric of my life continued its relentless unraveling. My heart broke as my husband decided to leave our home and our marriage. Yet spiritually I experienced this time as one of great blessing. Immersing myself in the Bible day after day and late into the night, several translations of scripture and dozens of theological commentaries piled all over the desk, I had one goal in mind: to learn to listen to Jesus.
One night a frightening thought hit me: Aren’t you afraid of going crazy, shutting yourself up all alone like this with all these books, night after night after night? In response, I heard a reassuring voice with the ears of my heart:Keep focusing on me in those Gospel stories. Pay attention to my effect on people, the way I healed them and brought them to new wholeness. You have nothing to fear if you’re centered in me. Just keep listening. Gradually, as I listened to the many different “voices” I heard, I learned to distinguish between the whispered words of the Holy Spirit and the thoughts that reflected my anxious fears. I came to understand that the Holy Spirit would always point me to the Bible and make Jesus’ voice alive to me.[Alyssa Phillips, Loving an Addict]
From pages 103-104 of Loving An Addict: Gospel Reflections of Hope and Healing by Alyssa Phillips. Copyright © 2014 by Alyssa Phillips. All rights reserved. Used by permission of Upper Room Books. http://bookstore.upperroom.org/ Learn more about or purchase this book.
Today’s Question:
Describe the way you hear Jesus’ voice.
Today’s Scripture:
I praise you, for I am fearfully and wonderfully made. Wonderful are your works; that I know very well.[Psalm 139:14, NRSV]
This Week: pray for those who are anxious.
------
Did You Know? In need of prayer? The Upper Room Living Prayer Center is a 7-day-a-week intercessory prayer ministry staffed by trained volunteers. Call 1-800-251-2468 or visit The Living Prayer Center website.
-------

This week we remember:Aidan of Lindisfarne (August 31).
Aidan of Lindisfarne
August 31

Aidan of LindisfarneOff England's northeast coast, just south of Scotland lies the holy Island of Lindisfarne where a statue of Saint Aiden attests to his importance in the region. Irish-born Aidan was the premier Christian missionary who restored the Christian faith to people who had returned to paganism after earlier missionaries left.
King Oswald of Northumbria was baptized Christian at the Iona Monastery and asked for help in evangelizing the pagan people under his crown. The first missionary sent from Iona failed. Aidan traveled to Lindisfarne, established a monastery which became a center for learning in northern England, and became its Bishop. He walked from village to village to meet people and share his faith. Many Northumbrians gave their lives to Christ.
Aidan is credited with numerous miracles. When pagans tried to burn down the city of Bambrough, Aidan prayed for help, and the attacking army soon found itself under the smoke as the fire turned away from the city toward them.
Aidan died in 651.
If Aidan of Lindisfarne had taken the Spiritual Types Test, he probably would have been a Lover. Aidan of Lindisfarne is remembered on August 31.
-------
Lectionary Readings:
Sunday, 4 September 2016
(Courtesy of Vanderbilt Divinity Library)

Jeremiah 18:1-11
Psalm 139:1-6, 13-18
Philemon 1:1-21
Luke 14:25-33
Scripture Text for Jeremiah 18:1 This word came to Yirmeyahu from Adonai: 2 “Get up, and go down to the potter’s house; there I will tell you more.” 3 So I went down to the house of the potter; and there he was, working at the wheels. 4 Whenever a pot he made came out imperfect, the potter took the clay and made another pot with it, in whatever shape suited him.
5 Then the word of Adonai came to me: 6 “House of Isra’el, can’t I deal with you as the potter deals with his clay? — says Adonai. Look! You, house of Isra’el, are the same in my hand as the clay in the potter’s hand. 7 At one time, I may speak about uprooting, breaking down and destroying a nation or kingdom; 8 but if that nation turns from their evil, which prompted me to speak against it, then I relent concerning the disaster I had planned to inflict on it. 9 Similarly, at another time, I may speak about building and planting a nation or kingdom; 10 but if it behaves wickedly from my perspective and doesn’t listen to what I say, then I change my mind and don’t do the good I said I would do that would have helped it.
11 “So now, tell the people of Y’hudah and those living in Yerushalayim that this is what Adonai says:
‘I am designing disaster for you,
working out my plan against you.
Turn, each of you, from his evil ways;
improve your conduct and actions.’
Psalm 139:(0) For the leader. A psalm of David:
(1) Adonai, you have probed me, and you know me.
2 You know when I sit and when I stand up,
you discern my inclinations from afar,
3 you scrutinize my daily activities.
You are so familiar with all my ways
4 that before I speak even a word, Adonai,
you know all about it already.
5 You have hemmed me in both behind and in front
and laid your hand on me.
6 Such wonderful knowledge is beyond me,
far too high for me to reach.
13 For you fashioned my inmost being,
you knit me together in my mother’s womb.
14 I thank you because I am awesomely made,
wonderfully; your works are wonders —
I know this very well.
15 My bones were not hidden from you
when I was being made in secret,
intricately woven in the depths of the earth.
16 Your eyes could see me as an embryo,
but in your book all my days were already written;
my days had been shaped
before any of them existed.
17 God, how I prize your thoughts!
How many of them there are!
18 If I count them, there are more than grains of sand;
if I finish the count, I am still with you.
Philemon 1 From: Sha’ul, a prisoner for the sake of the Messiah Yeshua, and brother Timothy
To: Our dear fellow-worker Philemon, 2 along with sister Apphia, our fellow-soldier Archippus and the congregation that gathers in your home:
3 Grace and shalom to you from God our Father and the Lord Yeshua the Messiah.
4 I thank my God every time I mention you in my prayers, Philemon, 5 for I am hearing about your love and commitment to the Lord Yeshua and to all God’s people. 6 I pray that the fellowship based on your commitment will produce full understanding of every good thing that is ours in union with the Messiah. 7 For your love has given me much joy and encouragement. Brother, you have refreshed the hearts of God’s people.
8 Therefore, I would not hesitate, in union with the Messiah, to direct you to do the thing you ought to do. 9 But since I Sha’ul, am the kind of person I am, an old man and now for the Messiah Yeshua’s sake a prisoner besides, I prefer to appeal to you on the basis of love. 10 My request to you concerns my son, of whom I became the father while here in prison, Onesimus. 11 His name means “useful,” and although he was once useless to you, he has now become most useful — not only to you but also to me; 12 so that in returning him to you I am sending a part of my very heart. 13 I would dearly have loved to keep him with me, in order for him to serve me in your place while I am in prison because of the Good News. 14 But I didn’t want to do anything without your consent, so that the good you do for me may be voluntary and not forced.
15 Perhaps the reason he was separated from you for a brief period was so that you could have him back forever, 16 no longer as a slave but as more than a slave, as a dear brother. And that he is, especially to me. But how much dearer he must be to you, both humanly and in union with the Lord!
17 So if you are in fellowship with me, receive him as you would me. 18 And if he has wronged you in any way or owes you anything, charge it to me.
19 I, Sha’ul, write with my own hand. I will repay it.
(I won’t mention, of course, that you owe me your very life.) 20 Yes, brother, please do me this favor in the Lord; refresh my heart in the Messiah.
21 Trusting that you will respond positively, I write knowing that you will indeed do more than I am asking.
Luke 14:25 Large crowds were traveling along with Yeshua. Turning, he said to them, 26 “If anyone comes to me and does not hate his father, his mother, his wife, his children, his brothers and his sisters, yes, and his own life besides, he cannot be my talmid. 27 Whoever does not carry his own execution-stake and come after me cannot be my talmid.
28 “Suppose one of you wants to build a tower. Don’t you sit down and estimate the cost, to see if you have enough capital to complete it? 29 If you don’t, then when you have laid the foundation but can’t finish, all the onlookers start making fun of you 30 and say, ‘This is the man who began to build, but couldn’t finish!’
31 “Or again, suppose one king is going out to wage war with another king. Doesn’t he first sit down and consider whether he, with his ten thousand troops, has enough strength to meet the other one, who is coming against him with twenty thousand? 32 If he hasn’t, then while the other is still far away, he sends a delegation to inquire about terms for peace.
33 “So every one of you who doesn’t renounce all that he has cannot be my talmid.
The John Wesley's Notes-Commentary for Jeremiah 18:1-11
Verse 6
[6] O house of Israel, cannot I do with you as this potter? saith the LORD. Behold, as the clay is in the potter's hand, so are ye in mine hand, O house of Israel.
Cannot I do — That God hath an absolute sovereign power to do what he pleases with the work of his hands: but he acts as a just judge, rendering to every man according to his works.
Psalm 139:1-6, 13-18
Verse 2
[2] Thou knowest my downsitting and mine uprising, thou understandest my thought afar off.
Afar off — Thou knowest what my thoughts will be in such and such circumstances, long before I know it, yea from all eternity.
Verse 3
[3] Thou compassest my path and my lying down, and art acquainted with all my ways.
Compassest — Thou discernest every step I take. It is a metaphor from soldiers besieging their enemies, and setting watches round about them.
Verse 5
[5] Thou hast beset me behind and before, and laid thine hand upon me.
Beset me — With thy all-seeing providence.
And laid — Thou keepest me, as it were with a strong hand, in thy sight and under thy power.
Verse 6
[6] Such knowledge is too wonderful for me; it is high, I cannot attain unto it.
I cannot — Apprehend in what manner thou dost so presently know all things.
Verse 16
[16] Thine eyes did see my substance, yet being unperfect; and in thy book all my members were written, which in continuance were fashioned, when as yet there was none of them.
Imperfect — When I was first conceived.
Book — In thy counsel and providence, by which thou didst contrive and effect this great work, according to that model which thou hadst appointed.
Verse 17
[17] How precious also are thy thoughts unto me, O God! how great is the sum of them!
Thoughts — Thy counsels on my behalf. Thou didst not only form me at first, but ever since my conception and birth, thy thoughts have been employed for me.
Verse 18
[18] If I should count them, they are more in number than the sand: when I awake, I am still with thee.
Them — Thy wonderful counsels and works on my behalf come constantly into my mind.
Philemon 1:1-21
Verse 1
[1] Paul, a prisoner of Jesus Christ, and Timothy our brother, unto Philemon our dearly beloved, and fellowlabourer,
This single epistle infinitely transcends all the wisdom of the world. And it gives us a specimen how Christians ought to treat of secular affairs from higher principles.
Paul a prisoner of Christ — To whom, as such, Philemon could deny nothing.
And Timotheus — This was written before the second epistle to Timothy, Philemon 22.
Verse 2
[2] And to our beloved Apphia, and Archippus our fellowsoldier, and to the church in thy house:
To Apphia — His wife, to whom also the business in part belonged.
And the church in thy house — The Christians who meet there.
Verse 5
[5] Hearing of thy love and faith, which thou hast toward the Lord Jesus, and toward all saints;
Hearing — Probably from Onesimus.
Verse 6
[6] That the communication of thy faith may become effectual by the acknowledging of every good thing which is in you in Christ Jesus.
I pray that the communication of thy faith may become effectual - That is, that thy faith may be effectually communicated to others, who see and acknowledge thy piety and charity.
Verse 7
[7] For we have great joy and consolation in thy love, because the bowels of the saints are refreshed by thee, brother.
The saints — To whom Philemon's house was open, Philemon 2.
Verse 8
[8] Wherefore, though I might be much bold in Christ to enjoin thee that which is convenient,
I might be bold in Christ — Through the authority he hath given me.
Verse 9
[9] Yet for love's sake I rather beseech thee, being such an one as Paul the aged, and now also a prisoner of Jesus Christ.
Yet out of love I rather entreat thee — In how handsome a manner does the apostle just hint, and immediately drop, the consideration of his power to command, and tenderly entreat Philemon to hearken to his friend, his aged friend, and now prisoner for Christ! With what endearment, in the next verse, does he call Onesimus his son, before he names his name! And as soon as he had mentioned it, with what fine address does he just touch on his former faults, and instantly pass on to the happy change that was now made upon him! So disposing Philemon to attend to his request, and the motives wherewith he was going to enforce it.
Verse 10
[10] I beseech thee for my son Onesimus, whom I have begotten in my bonds:
Whom I have begotten in my bonds — The son of my age.
Verse 11
[11] Which in time past was to thee unprofitable, but now profitable to thee and to me:
Now profitable — None should be expected to be a good servant before he is a good man. He manifestly alludes to his name, Onesimus, which signifies profitable.
Verse 12
[12] Whom I have sent again: thou therefore receive him, that is, mine own bowels:
Receive him, that is, my own bowels — Whom I love as my own soul. Such is the natural affection of a father in Christ toward his spiritual children.
Verse 13
[13] Whom I would have retained with me, that in thy stead he might have ministered unto me in the bonds of the gospel:
To serve me in thy stead — To do those services for me which thou, if present, wouldest gladly have done thyself.
Verse 14
[14] But without thy mind would I do nothing; that thy benefit should not be as it were of necessity, but willingly.
That thy benefit might not be by constraint — For Philemon could not have refused it.
Verse 15
[15] For perhaps he therefore departed for a season, that thou shouldest receive him for ever;
God might permit him to be separated (a soft word) for a season, that thou mightest have him for ever - Both on earth and in heaven.
Verse 16
[16] Not now as a servant, but above a servant, a brother beloved, specially to me, but how much more unto thee, both in the flesh, and in the Lord?
In the flesh — As a dutiful servant.
In the Lord — As a fellow-Christian.
Verse 17
[17] If thou count me therefore a partner, receive him as myself.
If thou accountest me a partner — So that thy things are mine, and mine are thine.
Verse 19
[19] I Paul have written it with mine own hand, I will repay it: albeit I do not say to thee how thou owest unto me even thine own self besides.
I will repay it — If thou requirest it.
Not to say, that then owest me thyself — It cannot be expressed, how great our obligation is to those who have gained our souls to Christ.
Beside — Receiving Onesimus.
Verse 20
[20] Yea, brother, let me have joy of thee in the Lord: refresh my bowels in the Lord.
Refresh my bowels in Christ — Give me the most exquisite and Christian pleasure.
Luke 14:25-33
Verse 26
[26] If any man come to me, and hate not his father, and mother, and wife, and children, and brethren, and sisters, yea, and his own life also, he cannot be my disciple.
If any man come to me, and hate not his father — Comparatively to Christ: yea, so as actually to renounce his field, oxen, wife, all things, and act as if he hated them, when they stand in competition with him. Matthew 10:37.
Verse 28
[28] For which of you, intending to build a tower, sitteth not down first, and counteth the cost, whether he have sufficient to finish it?
And which of you intending to build a tower — That is, and whoever of you intends to follow me, let him first seriously weigh these things.
Verse 31
[31] Or what king, going to make war against another king, sitteth not down first, and consulteth whether he be able with ten thousand to meet him that cometh against him with twenty thousand?
Another king — Does this mean, the prince of this world? Certainly he has greater numbers on his side. How numerous are his children and servants!
Verse 33
[33] So likewise, whosoever he be of you that forsaketh not all that he hath, he cannot be my disciple.
So — Like this man, who, being afraid to face his enemy, sends to make peace with him, every one who forsaketh not all that he hath - 1. By withdrawing his affections from all the creatures; 2. By enjoying them only in and for God, only in such a measure and manner as leads to him; 3. By hating them all, in the sense above mentioned, cannot be my disciple - But will surely desist from building that tower, neither can he persevere in fighting the good fight of faith.
-------
The Upper Room Ministries
PO Box 340004
Nashville, Tennessee 37203-0004, United States
-------

The Upper Room Daily Devotionals in Nashville, Tennessee, United States "ADOPTED" for Thursday, 1 September 2016 with Scripture: Galatians 4:1-7


The Upper Room Daily Devotionals in Nashville, Tennessee, United States "ADOPTED" for Thursday, 1 September 2016 with Scripture: Galatians 4:1  What I am saying is that as long as the heir is a minor he is no different from a slave, even though he is the legal owner of the estate; 2 rather, he is subject to guardians and caretakers until the time previously set by his father. 3 So it is with us — when we were “children” we were slaves to the elemental spirits of the universe; 4 but when the appointed time arrived, God sent forth his Son. He was born from a woman, born into a culture in which legalistic perversion of the Torah was the norm, 5 so that he might redeem those in subjection to this legalism and thus enable us to be made God’s sons. 6 Now because you are sons, God has sent forth into our hearts the Spirit of his Son, the Spirit who cries out, “Abba!” (that is, “Dear Father!”). 7 So through God you are no longer a slave but a son, and if you are a son you are also an heir.
-------
You received a Spirit that shows you are adopted as [God’s] children. With this Spirit we cry, “Abba, Father.”[Romans 8:15 (CEB)]
As part of a Bible lesson, I gave each child a folded slip of paper with a word written on it, indicating how God sees him or her — loved, redeemed, forgiven, valued, and precious, to name a few. As each word was read aloud, the children smiled and occasionally cheered. But the child who received the word adopted was disappointed. “Why did you give me this word?” he asked. “I’d rather have one of the others.” For him, adoption had a negative connotation. But I thought that adoption was the best word because it embodied all the others.
Adoption is a conscious choice to make someone part of a family. It creates a new relationship that entitles the adopted person to all the rights and privileges that belong to a biological child. As believers, we have been adopted into God’s family. God is our parent who protects, loves, forgives, and accepts us. We now carry the family name and will eventually take up residence in God’s house.
From God’s perspective, adoption means we are chosen, accepted, valued, and loved without reservation.
Read more from the author, here.

"More from Esther Bonner"

My mother was adopted, my father was raised by his step father who later adopted him, and several of my cousins were adopted. There have been so many adoptions in fact, that it has become a normal, frequent event right along with marriages and births. Which is probably why I was so surprised by the negative reaction of the student in my Sunday School class.
It got me thinking though about what constitutes a family. I found my answer in a picture I received from a cousin. It was taken at a family reunion and includes 14 people. Eight of those people are not biologically related to the cousin who sent it to me (one is adopted and seven are family through marriage). Six, including me, missed the reunion. Of those, only one is biologically related and it isn't me. This mixture in families is common.
It got me wondering, however, about my biological grandmother. So I began searching the Internet. Weeks later I found not only her name but a picture. What surprised me was after all that time and effort I found myself looking at a total stranger. There were no feelings associated with the person in the photograph.
I do have strong feelings, on the other hand, for the people in my cousin's picture. We are connected through shared experiences both good and bad. We are committed to one another, care deeply for each other (warts and all), and have supported one another through incredibly tough times. Love is the glue that binds us together, not biology.
Obviously biology can be important, but it isn't what matters most. Nor does it offer any guarantees.
Although I am grateful to the woman who carried and gave birth to my mother, I genuinely love and miss the grandmother who took my mother in, raised her, and loved her--and who loved me. Pictures of my grandparents, mother, and my cousins hang in my home. I look at them every day. I have been truly blessed by my adopted family.[Esther Bonner]

The Author: Esther L. Bonner (California, USA)
Thought for the Day: God has chosen me.
Prayer: Dear Lord, thank you for loving us enough to make us a permanent part of your family. Amen.
Prayer focus: FAMILIES WAITING TO ADOPT

-------

CHABAD - TODAY IN JUDAISM: Thursday, 1 September 2016 - Today is: Thursday, 28 AV, 5776 · 1 September 2016.

CHABAD - TODAY IN JUDAISM: Thursday, 1 September 2016 - Today is: Thursday, 28 AV, 5776 · 1 September 2016.
Torah Reading
Re'eh: Deuteronomy 11:26 “See, I am setting before you today a blessing and a curse — 27 the blessing, if you listen to the mitzvot of Adonai your God that I am giving you today; 28 and the curse, if you don’t listen to the mitzvot of Adonai your God, but turn aside from the way I am ordering you today and follow other gods that you have not known.
29 “When Adonai your God brings you into the land you are entering in order to take possession of it, you are to put the blessing on Mount G’rizim and the curse on Mount ‘Eival. 30 Both are west of the Yarden, in the direction of the sunset, in the land of the Kena‘ani living in the ‘Aravah, across from Gilgal, near the pistachio trees of Moreh. 31 For you are to cross the Yarden to enter and take possession of the land Adonai your God is giving you; you are to own it and live in it. 32 And you are to take care to follow all the laws and rulings I am setting before you today.
12:1 Here are the laws and rulings you are to observe and obey in the land Adonai, the God of your ancestors, has given you to possess as long as you live on earth. 2 You must destroy all the places where the nations you are dispossessing served their gods, whether on high mountains, on hills, or under some leafy tree. 3 Break down their altars, smash their standing-stones to pieces, burn up their sacred poles completely and cut down the carved images of their gods. Exterminate their name from that place.
4 “But you are not to treat Adonai your God this way. 5 Rather, you are to come to the place where Adonai your God will put his name. He will choose it from all your tribes; and you will seek out that place, which is where he will live, and go there. 6 You will bring there your burnt offerings, your sacrifices, your tenths [that you set aside for Adonai], the offerings that you give, the offerings you have vowed, your voluntary offerings, and the firstborn of your cattle and sheep. 7 There you will eat in the presence of Adonai your God; and you will rejoice over everything you set out to do, you and your households, in which Adonai your God has blessed you. 8 You will not do things the way we do them here today, where everyone does whatever in his own opinion seems right; 9 because you haven’t yet arrived at the rest and inheritance which Adonai your God is giving you. 10 But when you cross the Yarden and live in the land Adonai your God is having you inherit, and he gives you rest from all your surrounding enemies, so that you are living in safety;
Daily Quote:
A chassid is a lamplighter[Rabbi Sholom DovBer Schneersohn (1860-1920)]
Daily Study:
Chitas and Rambam for today:
Chumash: Re'eh, 5th Portion Deuteronomy 14:22-14:29 with Rashi
• 
Deuteronomy Chapter 14
22You shall tithe all the seed crop that the field gives forth, year by year. ื›ื‘ืขַืฉֵּׂ֣ืจ ืชְּืขַืฉֵּׂ֔ืจ ืֵ֖ืช ื›ָּืœ־ืชְּื‘ื•ּืַ֣ืช ื–ַืจְืขֶ֑ืšָ ื”ַื™ֹּืฆֵ֥ื ื”ַืฉָּׂื“ֶ֖ื” ืฉָׁื ָ֥ื” ืฉָׁื ָֽื”:
You shall tithe [all the seed crop]: What has one matter to do with the other [i.e., the prohibition of cooking a kid, and tithing]? The Holy One, blessed is He, said to Israel: Do not cause Me to destroy the [developing] kernels (ื’ְּื“ָื™ִื™ื) of grain, while they are yet in their “mother’s womb” [i.e., in the husks], for if you do not tithe your produce properly, when it is near ripening I will bring forth an easterly wind, which will blast them, as it is said, “and blast before becoming standing grain” (II Kings 19:26)(Tanchuma). [And just as cooking the kid in its mother’s milk and the tithes are juxtaposed,] so is the topic of the first fruits (ื‘ִּื›ּื•ּืจִื™ื) [juxtaposed to cooking the kid in its mother’s milk (see Exod. 23:19, 34:26), to teach us that, if you do not bring your first fruits to the Temple as commanded, your fruit produce will wither]. ืขืฉืจ ืชืขืฉืจ: ืžื” ืขื ื™ืŸ ื–ื” ืืฆืœ ื–ื”, ืืžืจ ืœื”ื ื”ืงื‘"ื” ืœื™ืฉืจืืœ, ืœื ืชื’ืจืžื• ืœื™ ืœื‘ืฉืœ ื’ื“ื™ื™ื ืฉืœ ืชื‘ื•ืื” ืขื“ ืฉื”ืŸ ื‘ืžืขื™ ืืžื•ืชื™ื”ืŸ, ืฉืื ืื™ืŸ ืืชื ืžืขืฉืจื™ื ืžืขืฉืจื•ืช ื›ืจืื•ื™, ื›ืฉื”ื•ื ืกืžื•ืš ืœื”ืชื‘ืฉืœ ืื ื™ ืžื•ืฆื™ื ืจื•ื— ืงื“ื™ื ื•ื”ื™ื ืžืฉื“ืคืชืŸ. ืฉื ืืžืจ (ืžืœื›ื™ื ื‘' ื™ื˜, ื›ื) ื•ืฉื“ืคื” ืœืคื ื™ ืงืžื”, ื•ื›ืŸ ืœืขื ื™ืŸ ื‘ื›ื•ืจื™ื:
[You shall tithe…] year by year: From here, we derive [the ruling] that one may not give tithes from the new [crop] for the old [i.e., from this year’s crop for last year’s]. — [Sifrei] ืฉื ื” ืฉื ื”: ืžื›ืืŸ ืฉืื™ืŸ ืžืขืฉืจื™ืŸ ืžืŸ ื”ื—ื“ืฉ ืขืœ ื”ื™ืฉืŸ:
23And you shall eat before the Lord, your God, in the place He chooses to establish His Name therein, the tithes of your grain, your wine, and your oil, and the firstborn of your cattle and of your sheep, so that you may learn to fear the Lord, your God, all the days. ื›ื’ื•ְืָֽื›ַืœְืชָּ֞ ืœִืคְื ֵ֣ื™ | ื™ְื”ֹื•ָ֣ื” ืֱืœֹื”ֶ֗ื™ืšָ ื‘ַּืžָּืง֣ื•ֹื ืֲืฉֶׁืจ־ื™ִื‘ְื—ַืจ֘ ืœְืฉַׁื›ֵּ֣ืŸ ืฉְׁืž֣ื•ֹ ืฉָׁื֒ ืžַืขְืฉַׂ֤ืจ ื“ְּื’ָֽื ְืšָ֙ ืชִּֽื™ืจืฉְׁืšָ֣ ื•ְื™ִืฆְื”ָืจֶ֔ืšָ ื•ּื‘ְื›ֹืจֹ֥ืช ื‘ְּืงָֽืจְืšָ֖ ื•ְืฆֹืื ֶ֑ืšָ ืœְืžַ֣ืขַืŸ ืชִּืœְืžַ֗ื“ ืœְื™ִืจְืָ֛ื” ืֶืช־ื™ְื”ֹื•ָ֥ื” ืֱืœֹื”ֶ֖ื™ืšָ ื›ָּืœ־ื”ַื™ָּืžִֽื™ื:
And you shall eat [before the Lord your God, in the place He chooses… the tithes of your grain…]: This refers to ma’aser sheini , “the second tithe,” for we have already learned to give ma’aser rishon , “the first tithe,” to the Levites, as it is said, “[Speak to the Levites…] when you take from the children of Israel [the tithe]… ” (Num. 18:26), and it gives them permission to eat it anywhere [not only in Jerusalem], as it is said,“and you may eat it in any place” (Num. 18:31). Thus you must conclude that this one [which may be eaten by its owners and must be eaten in Jerusalem,] is another tithe [namely, the second tithe]. ื•ืื›ืœืช ื•ื’ื•': ื–ื” ืžืขืฉืจ ืฉื ื™. ืฉื›ื‘ืจ ืœืžื“ื ื• ืœื™ืชืŸ ืžืขืฉืจ ืจืืฉื•ืŸ ืœืœื•ื™ื, ืฉื ืืžืจ (ื‘ืžื“ื‘ืจ ื™ื—, ื›ื•) ื›ื™ ืชืงื—ื• ืžืืช ื‘ื ื™ ื™ืฉืจืืœ ื•ื’ื•', ื•ื ืชืŸ ืœื”ื ืจืฉื•ืช ืœืื›ืœื• ื‘ื›ืœ ืžืงื•ื, ืฉื ืืžืจ (ืฉื ื™ื—, ืœื) ื•ืื›ืœืชื ืื•ืชื• ื‘ื›ืœ ืžืงื•ื, ืขืœ ื›ืจื—ืš ื–ื” ืžืขืฉืจ ืื—ืจ ื”ื•ื:
24And if the way be too long for you, that you are unable to carry it, for the place which the Lord, your God, will choose to establish His Name therein, is too far from you, for the Lord, your God, will bless you ื›ื“ื•ְื›ִֽื™־ื™ִืจְื‘ֶּ֨ื” ืžִืžְּืšָ֜ ื”ַื“ֶּ֗ืจֶืšְ ื›ִּ֣ื™ ืœֹ֣ื ืชื•ּื›ַืœ֘ ืฉְׂืֵืชื•ֹ֒ ื›ִּֽื™־ื™ִืจְื—ַ֤ืง ืžִืžְּืšָ֙ ื”ַืžָּืง֔ื•ֹื ืֲืฉֶׁ֤ืจ ื™ִื‘ְื—ַืจ֙ ื™ְื”ֹื•ָ֣ื” ืֱืœֹื”ֶ֔ื™ืšָ ืœָืฉׂ֥ื•ּื ืฉְׁืž֖ื•ֹ ืฉָׁ֑ื ื›ִּ֥ื™ ื™ְื‘ָֽืจֶื›ְืšָ֖ ื™ְื”ֹื•ָ֥ื” ืֱืœֹื”ֶֽื™ืšָ:
For [the Lord your God] will bless you: so that your produce will be too much to carry. ื›ื™ ื™ื‘ืจื›ืš: ืฉืชื”ื ื”ืชื‘ื•ืื” ืžืจื•ื‘ื” ืœืฉืืช:
25Then you shall turn it into money, and bind up the money in your hand, and you shall go to the place the Lord, your God, will choose. ื›ื”ื•ְื ָֽืชַืชָּ֖ื” ื‘ַּื›ָּ֑ืกֶืฃ ื•ְืฆַืจְืชָּ֤ ื”ַื›ֶּ֨ืกֶืฃ֙ ื‘ְּื™ָ֣ื“ְืšָ֔ ื•ְื”ָֽืœַื›ְืชָּ֙ ืֶืœ־ื”ַืžָּืง֔ื•ֹื ืֲืฉֶׁ֥ืจ ื™ִื‘ְื—ַ֛ืจ ื™ְื”ֹื•ָ֥ื” ืֱืœֹื”ֶ֖ื™ืšָ ื‘ּֽื•ֹ:
26And you shall turn that money into whatever your soul desires; cattle, sheep, new wine or old wine, or whatever your soul desires, and you shall eat there before the Lord, your God, and you shall rejoice, you and your household. ื›ื•ื•ְื ָֽืชַืชָּ֣ื” ื”ַื›ֶּ֡ืกֶืฃ ื‘ְּื›ֹืœ֩ ืֲืฉֶׁืจ־ืชְּืַื•ֶּ֨ื” ื ַืคְืฉְׁืšָ֜ ื‘ַּื‘ָּืงָ֣ืจ ื•ּื‘ַืฆֹּ֗ืืŸ ื•ּื‘ַื™ַּ֨ื™ִืŸ֙ ื•ּื‘ַืฉֵּׁื›ָ֔ืจ ื•ּื‘ְื›ֹ֛ืœ ืֲืฉֶׁ֥ืจ ืชִּืฉְׁืָֽืœְืšָ֖ ื ַืคְืฉֶׁ֑ืšָ ื•ְืָื›ַ֣ืœְืชָּ ืฉָּׁ֗ื ืœִืคְื ֵื™֙ ื™ְื”ֹื•ָ֣ื” ืֱืœֹื”ֶ֔ื™ืšָ ื•ְืฉָֽׂืžַื—ְืชָּ֖ ืַืชָּ֥ื” ื•ּื‘ֵื™ืชֶֽืšָ:
[And you will turn that money] into whatever your soul desires: This is a ื›ְּืœָืœ, a general statement [not limited to anything in particular. Whereas the next expression,] ื‘ื›ืœ ืืฉืจ ืชืื•ื” ื ืคืฉืš: ื›ืœืœ:
cattle, or sheep, new wine or old wine: [represents a] ืคְּืจָื˜, a“specification” [that is, it details particular things, limiting the matter to those things. After this, the verse continues,] ื‘ื‘ืงืจ ื•ื‘ืฆืืŸ ื•ื‘ื™ื™ืŸ ื•ื‘ืฉื›ืจ: ืคืจื˜:
or whatever your soul desires: [The verse] again reverts to a ื›ְּืœָืœ, a“general statement.” [Now we have learned that when a verse expresses a ื›ְּืœָืœ, a ืคְּืจָื˜, and then a ื›ְּืœָืœ again, as in this case, we apply the characteristics of the ืคְּืจָื˜ to the whole matter. That is,] just as the items listed in the ืคְּืจָื˜ 1) are products of things themselves produced by the earth [e.g., wine comes from grapes], and 2) are fitting to be food for man, [so must the money replacing them be used to purchase such products]. — [Eruvin 27a] ื•ื‘ื›ืœ ืืฉืจ ืชืฉืืœืš ื ืคืฉืš: ื—ื–ืจ ื•ื›ืœืœ. ืžื” ื”ืคืจื˜ ืžืคื•ืจืฉ ื•ืœื“ ื•ืœื“ื•ืช ื”ืืจืฅ ื•ืจืื•ื™ ืœืžืื›ืœ ืื“ื ื•ื›ื•':
27And [as for] the Levite who is in your cities you shall not forsake him, for he has neither portion nor inheritance with you. ื›ื–ื•ְื”ַืœֵּื•ִ֥ื™ ืֲืฉֶׁืจ־ื‘ִּืฉְׁืขָืจֶ֖ื™ืšָ ืœֹ֣ื ืชַֽืขַื–ְื‘ֶ֑ื ּื•ּ ื›ִּ֣ื™ ืֵ֥ื™ืŸ ืœ֛ื•ֹ ื—ֵ֥ืœֶืง ื•ְื ַֽื—ֲืœָ֖ื” ืขִืžָּֽืšְ:
And [as for] the Levite… - you shall not forsake him: By not giving him the first tithe. ื•ื”ืœื•ื™ ื•ื’ื•' ืœื ืชืขื–ื‘ื ื•: ืžืœื™ืชืŸ ืœื• ืžืขืฉืจ ืจืืฉื•ืŸ:
for he has neither portion nor inheritance with you: This excludes gleanings (Lev. 19:9), forgotten sheaves (Deut. 24:19), the end of the field (Lev. 19:9), [all of which are left for the poor,] and ownerless things, for the Levite does have a portion in these things, just as you do, and [consequently,] they are not subject to tithing. ื›ื™ ืื™ืŸ ืœื• ื—ืœืง ื•ื ื—ืœื” ืขืžืš: ื™ืฆืื• ืœืงื˜ ืฉื›ื—ื” ื•ืคืื” ื•ื”ืคืงืจ, ืฉืืฃ ื”ื•ื ื™ืฉ ืœื• ื—ืœืง ืขืžืš ื‘ื”ืŸ ื›ืžื•ืš, ื•ืื™ื ืŸ ื—ื™ื™ื‘ื™ืŸ ื‘ืžืขืฉืจ:
28At the end of three years, you shall take out all the tithe of your crop in that year and place it in your cities. ื›ื—ืžִืงְืฆֵ֣ื” | ืฉָׁืœ֣ืฉׁ ืฉָׁื ִ֗ื™ื ืชּื•ֹืฆִื™ื֙ ืֶืช־ื›ָּืœ־ืžַืขְืฉַׂืจ֙ ืชְּื‘ื•ּืָ֣ืชְืšָ֔ ื‘ַּืฉָּׁื ָ֖ื” ื”ַื”ִ֑ื•ื ื•ְื”ִื ַּื—ְืชָּ֖ ื‘ִּืฉְׁืขָืจֶֽื™ืšָ:
At the end of three years [you shall take out all the tithe of your crop in that year]: This comes to teach us that if one kept his tithes from the first and the second year of the shemitah [cycle], he has to remove them from his house in the third [year]. ืžืงืฆื” ืฉืœืฉ ืฉื ื™ื: ื‘ื ื•ืœืžื“ ืฉืื ื”ืฉื”ื” ืžืขืฉืจื•ืชื™ื• ืฉืœ ืฉื ื” ืจืืฉื•ื ื” ื•ืฉื ื™ื™ื” ืœืฉืžื˜ื”, ืฉื™ื‘ืขืจื ืžืŸ ื”ื‘ื™ืช ื‘ืฉืœื™ืฉื™ืช:
29And the Levite because he has no portion or inheritance with you and the stranger, and the orphan, and the widow, who are in your cities, will come and eat and be satisfied; so that the Lord, your God, will bless you in all the work of your hand that you will do. ื›ื˜ื•ּื‘ָ֣ื ื”ַืœֵּื•ִ֡ื™ ื›ִּ֣ื™ ืֵื™ืŸ־ืœื•ֹ֩ ื—ֵ֨ืœֶืง ื•ְื ַֽื—ֲืœָ֜ื” ืขִืžָּ֗ืšְ ื•ְ֠ื”ַื’ֵּ֠ืจ ื•ְื”ַื™ָּืช֤ื•ֹื ื•ְื”ָֽืַืœְืžָื ָื”֙ ืֲืฉֶׁ֣ืจ ื‘ִּืฉְׁืขָืจֶ֔ื™ืšָ ื•ְืָֽื›ְืœ֖ื•ּ ื•ְืฉָׂื‘ֵ֑ืขื•ּ ืœְืžַ֤ืขַืŸ ื™ְื‘ָֽืจֶื›ְืšָ֙ ื™ְื”ֹื•ָ֣ื” ืֱืœֹื”ֶ֔ื™ืšָ ื‘ְּื›ָืœ־ืžַֽืขֲืฉֵׂ֥ื” ื™ָֽื“ְืšָ֖ ืֲืฉֶׁ֥ืจ ืชַּֽืขֲืฉֶֽׂื”:
And the Levite… will come: And take the first tithe. ื•ื‘ื ื”ืœื•ื™: ื•ื™ื˜ื•ืœ ืžืขืฉืจ ืจืืฉื•ืŸ:
and the stranger, and the orphan… [will come]: And take the second tithe, which this year [the third in the seven year cycle], belongs to the poor, and you [yourself] may not eat it in Jerusalem, in the manner you were required to eat the second tithe in the [first] two years [of this cycle]. ื•ื”ื’ืจ ื•ื”ื™ืชื•ื: ื•ื™ื˜ืœื• ืžืขืฉืจ ืฉื ื™, ืฉื”ื•ื ืฉืœ ืขื ื™ ืฉืœ ืฉื ื” ื–ื•, ื•ืœื ืชืื›ืœื ื• ืืชื” ื‘ื™ืจื•ืฉืœื™ื ื›ื“ืจืš ืฉื ื–ืงืงืช ืœืื›ื•ืœ ืžืขืฉืจ ืฉื ื™ ืฉืœ ืฉืชื™ ืฉื ื™ื:
will come and eat and be satisfied: Give them enough to satisfy them. From here [our Rabbis] said: One must not give the poor from the threshing floor less [than half a kav of wheat, or a kav of barley] (Sifrei). And you go up to Jerusalem with the [second] tithe of the first and the second years which you have delayed [to bring], and you shall confess: “I have removed the sanctified things from the house” (see Deut. 26:13), as is stated in [the section beginning with]“When you have finished tithing…” (Deut. 26:12). ื•ืื›ืœื• ื•ืฉื‘ืขื•: ืชืŸ ืœื”ื ื›ื“ื™ ืฉื‘ื™ืขื”. ืžื›ืืŸ ืืžืจื• ืื™ืŸ ืคื•ื—ืชื™ืŸ ืœืขื ื™ ื‘ื’ื•ืจืŸ ื•ื›ื•'. ื•ืืชื” ื”ื•ืœืš ืœื™ืจื•ืฉืœื™ื ืœืžืขืฉืจ ืฉืœ ืฉื ื” ืจืืฉื•ื ื” ื•ืฉื ื™ื™ื” ืฉื”ืฉื”ื™ืช ื•ืžืชื•ื“ื” (ื“ื‘ืจื™ื ื›ื•, ื™ื’) ื‘ืขืจืชื™ ื”ืงื“ืฉ ืžืŸ ื”ื‘ื™ืช, ื›ืžื• ืฉืžืคื•ืจืฉ (ืฉื ื›ื•, ื™ื‘) ื‘ื›ื™ ืชื›ืœื” ืœืขืฉืจ:
Daily Tehillim: Psalms Chapters 135 - 139
• 
Chapter 135

1. Praise the Lord! Praise the Name of the Lord; offer praise, you servants of the Lord-
2. who stand in the House of the Lord, in the courtyards of the House of our God.
3. Praise the Lord, for the Lord is good; sing to His Name, for He is pleasant.
4. For God has chosen Jacob for Himself, Israel as His beloved treasure.
5. For I know that the Lord is great, our Master is greater than all supernal beings.
6. All that the Lord desired He has done, in the heavens and on earth, in the seas and the depths.
7. He causes mists to rise from the ends of the earth; He makes lightning for the rain; He brings forth the wind from His vaults.
8. It was He who struck down the firstborn of Egypt, of man and beast.
9. He sent signs and wonders into the midst of Egypt, on Pharaoh and on all his servants.
10. It was He who struck down many nations, and slew mighty kings:
11. Sichon, king of the Amorites; Og, king of Bashan; and all the kingdoms of Canaan.
12. And He gave their lands as a heritage, a heritage to His people Israel.
13. Lord, Your Name is forever; Lord, Your remembrance is throughout all generations.
14. Indeed, the Lord will judge on behalf of His people, and have compassion on His servants.
15. The idols of the nations are silver and gold, the product of human hands.
16. They have a mouth, but cannot speak; they have eyes, but cannot see;
17. they have ears, but cannot hear; nor is there breath in their mouth.
18. Like them will their makers become-all who trust in them.
19. House of Israel, bless the Lord; House of Aaron, bless the Lord;
20. House of Levi, bless the Lord; you who fear the Lord, bless the Lord.
21. Blessed is the Lord from Zion, who dwells in Jerusalem. Praise the Lord!
Chapter 136
This psalm contains twenty-six verses, corresponding to the twenty-six generations between the creation of the world and the giving of the Torah.
1. Praise the Lord for He is good, for His kindness is forever.
2. Praise the God of the supernal beings, for His kindness is forever.
3. Praise the Master of the heavenly hosts, for His kindness is forever.
4. Who alone performs great wonders, for His kindness is forever.
5. Who makes the heavens with understanding, for His kindness is forever.
6. Who spreads forth the earth above the waters, for His kindness is forever.
7. Who makes the great lights, for His kindness is forever.
8. The sun to rule by day, for His kindness is forever.
9. The moon and stars to rule by night, for His kindness is forever.
10. Who struck Egypt through its firstborn, for His kindness is forever.
11. And brought Israel out of their midst, for His kindness is forever.
12. With a strong hand and with an outstretched arm, for His kindness is forever.
13. Who split the Sea of Reeds into sections, for His kindness is forever.
14. And brought Israel across it, for His kindness is forever.
15. And cast Pharaoh and his army into the Sea of Reeds, for His kindness is forever.
16. Who led His people through the desert, for His kindness is forever;
17. Who struck down great kings, for His kindness is forever.
18. And slew mighty kings, for His kindness is forever.
19. Sichon, king of the Amorites, for His kindness is forever.
20. And Og, king of Bashan, for His kindness is forever.
21. And gave their land as a heritage, for His kindness is forever.
22. A heritage to Israel His servant, for His kindness is forever.
23. Who remembered us in our humiliation, for His kindness is forever.
24. And redeemed us from our oppressors, for His kindness is forever.
25. Who gives food to all flesh, for His kindness is forever.
26. Praise the God of heaven, for His kindness is forever.
Chapter 137
Referring to the time of the destruction of the Temple, this psalm tells of when Nebuchadnezzar would ask the Levites to sing in captivity as they had in the Temple, to which they would reply, "How can we sing the song of God upon alien soil?" They were then comforted by Divine inspiration.
1. By the rivers of Babylon, there we sat and wept as we remembered Zion.
2. There, upon the willows, we hung our harps.
3. For there our captors demanded of us songs, and those who scorned us-rejoicing, [saying,] "Sing to us of the songs of Zion.”
4. How can we sing the song of the Lord on alien soil?
5. If I forget you, Jerusalem, let my right hand forget [its dexterity].
6. Let my tongue cleave to my palate if I will not remember you, if I will not bring to mind Jerusalem during my greatest joy!
7. Remember, O Lord, against the Edomites the day of [the destruction of] Jerusalem, when they said, "Raze it, raze it to its very foundation!”
8. O Babylon, who is destined to be laid waste, happy is he who will repay you in retribution for what you have inflicted on us.
9. Happy is he who will seize and crush your infants against the rock!
Chapter 138
David offers awesome praises to God for His kindness to him, and for fulfilling His promise to grant him kingship.
1. By David. I will thank You with all my heart, in the presence of princes I shall praise You.
2. I will bow toward Your Holy Sanctuary, and praise Your Name for Your kindness and for Your truth; for You have exalted Your word above all Your Names.
3. On the day that I called out You answered me, You emboldened me, [You put] strength in my soul.
4. Lord, all the kings of the land will give thanks to You when they hear the words of Your mouth.
5. And they will sing of the Lord's ways, for the glory of the Lord is great.
6. For though the Lord is exalted, He sees the lowly; the High One castigates from afar.
7. If I walk in the midst of distress, keep me alive; against the wrath of my enemies stretch out Your hand, and let Your right hand deliver me.
8. Lord, complete [Your kindness] on my behalf. Lord, Your kindness is forever, do not forsake the work of Your hands.
Chapter 139
A most prominent psalm that guides man in the ways of God as no other in all of the five books of Tehillim. Fortunate is he who recites it daily.
1. For the Conductor, by David, a psalm. O Lord, You have probed me, and You know.
2. You know my sitting down and my standing up; You perceive my thought from afar.
3. You encircle my going about and my lying down; You are familiar with all my paths.
4. For there was not yet a word on my tongue-and behold, Lord, You knew it all.
5. You have besieged me front and back, You have laid Your hand upon me.
6. Knowledge [to escape You] is beyond me; it is exalted, I cannot know it.
7. Where can I go [to escape] Your spirit? And where can I flee from Your presence?
8. If I ascend to the heavens, You are there; if I make my bed in the grave, behold, You are there.
9. Were I to take up wings as the dawn and dwell in the furthest part of the sea,
10. there, too, Your hand would guide me; Your right hand would hold me.
11. Were I to say, "Surely the darkness will shadow me," then the night would be as light around me.
12. Even the darkness obscures nothing from You; and the night shines like the day-the darkness is as light.
13. For You created my mind; You covered me in my mother's womb.
14. I will thank You, for I was formed in an awesome and wondrous way; unfathomable are Your works, though my soul perceives much.
15. My essence was not hidden from You even while I was born in concealment, formed in the depths of the earth.
16. Your eyes beheld my raw form; all [happenings] are inscribed in Your book, even those to be formed in future days-to Him they are the same.
17. How precious are Your thoughts to me, O God! How overwhelming, [even] their beginnings!
18. Were I to count them, they would outnumber the sand, even if I were to remain awake and always with You.
19. O that You would slay the wicked, O God, and men of blood [to whom I say], "Depart from me!”
20. They exalt You for wicked schemes, Your enemies raise [You] for falsehood.
21. Indeed, I hate those who hate You, Lord; I contend with those who rise up against You.
22. I hate them with the utmost hatred; I regard them as my own enemies.
23. Search me, Lord, and know my heart; test me and know my thoughts.
24. See if there is a vexing way in me, then lead me in the way of the world.
Tanya: Iggeret HaKodesh, beginning of Epistle 9
Lessons in Tanya
• Today's Tanya Lesson
• Thursday, 28 AV , 5776 · 1 September 2016
• Iggeret HaKodesh, beginning of Epistle 9
• 
Like the preceding Epistle, the present one too centers on the theme of tzedakah.
If it is to be performed properly, tzedakah ought to be given unstintingly, and not only after all one’s own needs and desires have been satisfied. Ideally, it should be given in the spirit of an aphorism that was current among the chassidim of the Alter Rebbe:1 “Inside my slice of bread there is your share too; G‑d is providing for you through me.”
A man should thus feel obligated to share with others and provide for their needs to the very same degree that he provides for his own wife and children. Performing tzedakah in this manner can only be achieved when one distributes one’s earnings in an utterly selfless manner, doing so entirely for G‑d’s sake. Then, even when one provides for his own family’s needs he will do so because they are Jewish souls who are part of G‑d Above,2 and as such he bears a responsibility towards them.
When one acts in this way, he will realize that all needy folk are also Jewish souls and part of G‑d Above; he must therefore concern himself with their needs as well. Though the Torah rules that providing for one’s own wife and children takes precedence over providing for the needs of others, the essential sense of obligation remains the same.
ืื”ื•ื‘ื™ื™ ืื—ื™ื™ ื•ืจืขื™ื™ ืืฉืจ ื›ื ืคืฉื™
My beloved ones,3 my brethren and friends, who are unto me like my soul:
The previous Lubavitcher Rebbe explains in one of his talks, that when the Alter Rebbe seeks to imbue his followers with the love of their fellow Jews he addresses them as “my beloved friends,” for by befriending a fellow Jew one becomes a “beloved friend” of the Alter Rebbe.
Accordingly, it may be said that by heeding the Alter Rebbe’s instructions with regard to tzedakah one becomes one of the Alter Rebbe’s “beloved brethren.”
ื‘ืืชื™ ื›ืžื–ื›ื™ืจ ื•ืžืขื•ืจืจ ื™ืฉื ื™ื ื‘ืชืจื“ืžืช ื”ื‘ืœื™ ื”ื‘ืœื™ื
I come [herewith] as one who reminds and awakens those who sleep the slumber of “vanities of vanities,”
Physical things at any time are deemed hevel: being airy and insubstantial, they have no true existence. When they serve no loftier purpose than themselves, they may be given the double epithet used above — havlei havalim,4 airy and foolish trivialities.
ื•ืœืคืงื•ื— ืขื™ื ื™ ื”ืขื•ืจื™ื
and to open the eyes of the blind.
When the soul finds itself within the body and allows itself to be led by it, it resembles a sighted person whose eyes are bound, and who, intelligent though he may be, is then led about like an imbecile. If the soul, a part of G‑d Above, descends within a body but cannot restrict it from fulfilling its desires, it is considered to be blinded by the body, as the Tzemach Tzedekwrites in Or HaTorah, at the conclusion of Parshat Behar.5 The “blindness” caused by the body must be healed, so that the soul may once again behold the truth.
ื™ื‘ื™ื˜ื• ืœืจืื•ืช, ืœื”ื™ื•ืช ื›ืœ ื™ืฉืขื ื•ื—ืคืฆื ื•ืžื’ืžืชื, ืœื›ืœ ื‘ื”ื ื—ื™ื™ ืจื•ื—ื
6Let them look and see to it that all their striving, longing and aiming, in7 everything on which the life of their spirit depends,8 should be bound up
ื‘ืžืงื•ืจ ืžื™ื ื—ื™ื™ื, ื—ื™ื™ ื”ื—ื™ื™ื
in9 “the [Divine] Source of the living waters,” the10 “Fountainhead of all life,”
ื›ืœ ื™ืžื™ ื—ื™ื™ื”ื, ืžื ืคืฉ ื•ืขื“ ื‘ืฉืจ
throughout all the days of their lives, with respect11 to the soul as well as to the flesh.
Not only during prayer or Torah study or while performing mitzvot is a Jew to be bound to G‑d, but even while going about his mundane affairs he should be attached to Him as well.
ื“ื”ื™ื™ื ื•, ื›ืœ ืžื™ืœื™ ื“ืขืœืžื ื•ืขืกืงื™ ืคืจื ืกื” ืœื ื™ื”ื™ื” ื›ืืœื• ื“ืขื‘ื“ื™ืŸ ืœื’ืจืžื™ื™ื”ื•
I.e., in all mundane matters and in the means by which one earns one’s livelihood, one should not be like those who do everything for their own sake, acting only out of their desire to satisfy themselves and their families, rather than for G‑d’s sake.
ื•ืœื ื™ื”ื™ื” ื‘ื™ืช ื™ืฉืจืืœ ื›ื›ืœ ื”ื’ื•ื™ื
Let not the House of Israel be like all the gentiles,12
ื“ื–ื ื™ืŸ ื•ืžืคืจื ืกื™ืŸ ื•ืžื•ืงืจื™ืŸ ืœื ืฉื™ื™ื”ื• ื•ื‘ื ื™ื™ื”ื• ืžืื”ื‘ื”
who13 feed, provide for and esteem their wives and children out of [self-] love.
I.e., since one loves himself he also loves his wife and children, who are a part of him. Rather, his love should be holy in its selflessness.
ื›ื™ ืžื™ ื›ืขืžืš ื™ืฉืจืืœ ื’ื•ื™ ืื—ื“ ื‘ืืจืฅ, ื›ืชื™ื‘
For it is written:14 “Who is like Your people Israel, a unique nation on earth?”
ื“ื”ื™ื™ื ื• ืฉื’ื ื‘ืขื ื™ื ื™ ืืจืฅ ืœื ื™ืคืจื™ื“ื• ืžืื—ื“ ื”ืืžืช, ื—ืก ื•ืฉืœื•ื
This means that even in mundane (“earthly”) matters they will not, heaven forfend, separate15 [them] from G‑d’s true Unity,
The concept of the Unity of G‑d signifies that apart from Him nothing truly exists.
ืœื”ืขื™ื“ ืขื“ื•ืช ืฉืงืจ, ื—ืก ื•ืฉืœื•ื, ื‘ืงืจื™ืืช ืฉืžืข ืขืจื‘ ื•ื‘ื•ืงืจ, ื‘ืขื™ื ื™ื ืกื’ื•ืจื•ืช
to bear false witness, heaven forfend, while reciting the Shema every evening and morning with closed eyes,
ื”׳ ืื—ื“, ื‘ื“׳ ืจื•ื—ื•ืช ื•ื‘ืฉืžื™ื ืžืžืขืœ ื•ื‘ืืจืฅ ืžืชื—ืช
[saying,]16 “G‑d is One” — in the four directions, and in the heavens above and on earth below,17 thus attesting to G‑d’s Unity even in the mundane realm,
ื•ื‘ืคืงื•ื— ืขื™ื ื™ ื”ืขื•ืจื™ื
while as the eyes of the blind are opened, and here the Alter Rebbe addresses those whose eyes are blinded by corporeal matters:
ื”ืชืขื™ืฃ ืขื™ื ื™ืš ื‘ื• ื•ืื™ื ื ื•, ื—ืก ื•ืฉืœื•ื
“Can you close your eyes upon Him, as if He is no more?”18 (heaven forfend).
This means to say that immediately upon opening his eyes after reciting the Shema, such a person can view the world as if it were a self-sufficient entity, separate and distinct from its Creator; accordingly, moreover, he conducts his affairs in a selfish manner rather than for the sake of heaven.
ืืš ื‘ื–ืืช ื™ืื•ืช ืœื ื•
Rather, this [approach] shall be befitting us —
ืœื”ื™ื•ืช ื›ืœ ืขืกืงื™ื ื• ื‘ืžื™ืœื™ ื“ืขืœืžื ืœื ืœื’ืจืžื™ื™ื”ื•
that19 all our involvement with mundane affairs should be [conducted] not for its own sake,
ื›ื™ ืื ืœื”ื—ื™ื•ืช ื ืคืฉื•ืช, ื—ืœืงื™ ืืœื•ื”
but in order to animate souls, (i.e., to provide sustenance for fellow Jews, whose souls are veritably, so to speak,)portions of G‑d,
ื•ืœืžืœืื•ืช ืžื—ืกื•ืจื™ื”ื ื‘ื—ืกื“ ื—ื ื
and to supply what they lack, out of gratuitous kindness.
ืฉื‘ื–ื” ืื ื• ืžื“ืžื™ืŸ ื”ืฆื•ืจื” ืœื™ื•ืฆืจื”, ื”׳ ืื—ื“
In this way we make the form (the soul) resemble Him Who formed it, viz., “G‑d [Who] is One”;
ืืฉืจ ื—ืกื“ ืืœ ื›ืœ ื”ื™ื•ื, ื—ืกื“ ืฉืœ ืืžืช
for20 “the Chesed of G‑d endures throughout the day,” i.e., at all times — a21 true Chesedwithout thought of reward,
ืœื”ื—ื™ื•ืช ื”ืขื•ืœื ื•ืžืœื•ืื• ื‘ื›ืœ ืจื’ืข ื•ืจื’ืข
that animates the universe and all that fills it, at every single moment.
In imitation of G‑d, Who thus dispenses kindness and ani-mates all created beings, man too should act kindly toward others and sustain those in need. Indeed, this should be his ultimate purpose when engaging in his work or in commerce: to be able to provide sustenance for the souls of his fellow Jews.
According to the above, however, one should provide for the needs of others to the very same degree that he provides for his own family. Why, then, should the needs of one’s own family take precedence over the needs of others? The Alter Rebbe answers this by saying:
ืจืง ืฉืืฉืชื• ื•ื‘ื ื™ื• ืฉืœ ืื“ื ืงื•ื“ืžื™ืŸ ืœื›ืœ, ืขืœ ืคื™ ื”ืชื•ืจื”
It is only that according to the Torah22 a man’s wife and children take precedence over all others,
The Alter Rebbe wrote this Epistle in connection with the tzaddikim, R. Mendele Vitebsker and R. Avraham Kalisker, as well as their colleagues and disciples, who at the time of writing had already left the diaspora and were living in the Holy Land. The Alter Rebbe therefore goes on to say:
ื—ื•ืฅ ืžืฆื“ื™ืงื™ื ืฉื‘ื“ื•ืจ, ืฉื”ืŸ ืงื•ื“ืžื™ืŸ ืœื‘ื ื™ื•
except23 for the tzaddikim of the generation, who take precedence over one’s children;
ื•ืฆื“ื™ืงื™ื ืฉื‘ืืจืฅ ื™ืฉืจืืœ ืงื•ื“ืžื™ืŸ ืœืฆื“ื™ืงื™ื ืฉื‘ื—ื•ืฅ ืœืืจืฅ
moreover, the tzaddikim in the Land of Israel take precedence over the tzaddikim in the diaspora,
ืœื‘ื“ ืžื–ืืช ืฉืœื ื”ื ื™ื—ื• ื›ืžื•ืชื ื‘ื—ื•ืฅ ืœืืจืฅ
apart from the fact that they did not leave anyone in the diaspora comparable to themselves.
ื•ื“ื™ ืœืžื‘ื™ืŸ
This will suffice for the discerning.
FOOTNOTES
1.See Igrot Kodesh (Letters of the Previous Lubavitcher Rebbe), Vol. VIII, p. 606, and references cited there.
2.Likkutei Amarim, Part I, beginning of ch. 2.
3.Note of the Rebbe: “Cf. Iggeret HaKodesh, Epistles 16, 22 (Parts a & b), 24.”
4.Cf. Kohelet 1:2.
5.Or HaTorahVayikra, Vol. I, p. 191.
6.Cf. Yeshayahu 42:18.
7.This clause has been translated according to Rashi on Yeshayahu 38:16.
8.Note of the Rebbe: “See Part I, conclusion of ch. 31.”
9.Cf. Yirmeyahu 2:13.
10.Lit., “the Life of life.”
11.Cf. Yeshayahu 10:18.
12.The standard text of the Tanya has ื›ืขื•ืข״ื’ (“like heathens”), which has been emended here according to its Luach HaTikkun(“Table of Corrections”).
13.The remainder of this sentence is paraphrased from the Ketubbah (the marriage contract), though the emphasis here, of course, is on a possibly selfish motivation.
14.I Divrei HaYamim 17:21.
15.V.L.: ืœื ื™ืคืจื“ื• (“they will not become separated”).
16.Devarim 6:4.
17.Cf. Beit YosefOrach Chayim, sec. 61, citing the Sefer Mitzvot Katan.
18.Cf. Mishlei 23:5.
19.V.L.: ื‘ื”ื™ื•ืช (“when all our involvement...is [conducted]”).
20.Tehillim 52:3.
21.Rashi on Bereishit 47:29.
22.See Shulchan AruchYoreh Deah, sec. 251, and references indicated there.
23.The passage beginning “Except for the tzadikkim...” and concluding “...for the discerning,” is added above to the standard printed text according to its Luach HaTikkun (“Table of Corrections”).
• Rambam: Sefer Hamitzvos:
• Thursday, 28 AV , 5776 · 1 September 2016
• Today's Mitzvah

A daily digest of Maimonides’ classic work "Sefer Hamitzvot"

Positive Commandment 243
The Paid Guardian and the Renter
"If a man gives his fellow a donkey, a bull, or a lamb..."—Exodus 22:9.
We are commanded to follow the rules outlined in the Torah regarding a paid watchman and a renter. Similar rules regulate the both of them [in the event that the item being watched or rented is lost or damaged].
Full text of this Mitzvah »

• The Paid Guardian and the Renter
Positive Commandment 243
Translated by Berel Bell
The 243rd mitzvah is that we are commanded regarding a paid watchman and a renter, since both are governed by the same law, as our Sages explained,1 regarding the three laws governing the four types of watchmen. 2
The source of this commandment is G‑d's statement3 (exalted be He), "If one person gives another a donkey, an ox, a sheep [or any other animal to watch...]"
The details of this mitzvah are explained in the 6th and 9th chapters of tractate Bava Kama, the 3rd and 6th chapters of Bava Metzia, and the 8th chapter of Shavuos.
FOOTNOTES
1.Shavuos 49a.
2.The four "watchmen" are the paid watchman, the renter, the unpaid watchman and the borrower. Should the animal be stolen, the watchman and renter must pay the owner its value. An unpaid watchman is exempt after swearing that it was stolen. The borrower, unlike the others, must pay even if the animal died by itself. See P244, P242.
3.Ex. 22:9.
• Rambam - 1 Chapter: Tum'at Tsara`at Tum'at Tsara`at - Chapter 7
• 
Tum'at Tsara`at - Chapter 7
1
When a person had a baheret and - whether at the outset or after isolation - he was definitively deemed as impure because of one of the signs of impurity or he was isolated and then thetzara'at spread over his entire body and his skin turned white, he is pure. This applies whether it turned while he was isolated or after he was deemed definitively as impure.
If, however, he was isolated and no sign of impurity emerged and as a result, he was released from the inspection process, but after being released, the tzara'at covered his entire body, he is deemed definitively impure.
ื
ืžื™ ืฉื”ื™ืชื” ื‘ื• ื‘ื”ืจืช ื•ื”ื•ื—ืœื˜ ื‘ืื—ื“ ืžืกื™ืžื ื™ ื˜ื•ืžืื” ื‘ื™ืŸ ื‘ืชื—ืœื” ื‘ื™ืŸ ืื—ืจ ื”ืกื’ืจ ืื• ืฉื”ื•ืกื’ืจ ื•ืื—ืจ ื›ืš ืคืจื—ื” ื”ืฆืจืขืช ื‘ื›ื•ืœื• ื•ื ื”ืคืš ืœื‘ืŸ ื‘ื™ืŸ ืฉื ื”ืคืš ืžืชื•ืš ื”ืกื’ืจ ื‘ื™ืŸ ืžืชื•ืš ื”ื—ืœื˜ ื”"ื– ื˜ื”ื•ืจ ืื‘ืœ ืื ื”ื•ืกื’ืจ ื•ืœื ื ื•ืœื“ ืœื• ืกื™ืžืŸ ื˜ื•ืžืื” ื•ื ืคื˜ืจ ื•ืœืื—ืจ ื”ืคื™ื˜ื•ืจ ืคืจื—ื” ื”ืฆืจืขืช ื‘ื›ื•ืœื• ื”"ื– ื˜ืžื ืžื•ื—ืœื˜:
2
The following rules apply when a person comes initially while he is entirely white with tzara'at. If he has a patch of healthy skin or two white hairs, he is deemed definitively impure. If there is no sign of impurity, he is isolated for one week. If white hair or a patch of healthy skin emerges, he is deemed definitively impure. If no sign emerges, he is isolated for a second week. If no sign emerges, he is deemed pure, for the laws applying to this largebaheret are the same as those governing a small one.
If he was deemed impure because of two white hairs that emerged and either both or one of them turned black, either both or one of them became short, a boil grew next to either of them or one of them or encompassed both of them or one of them, a boil, a healed boil, a burn, a healed burn, or a bohak divided one hair from the other, he is pure. If white hair or healthy flesh emerges, he is impure, because he came initially while entirely white.
Whether the tzara'at spread over the person's entire skin all at once or whether it spread little by little until he became entirely white, if this occurred while the person was isolated or while he was deemed definitively impure, he is pure. If it occurred after he was released from the inspection process, he is impure. And if it occurred at the outset, he should be isolated. Similarly, it is irrelevant whether the blemish is entirely of one shade or that it is entirely white, but has the four shades of white and the four shades of petuch intermingled. All of these shades can be combined and considered as a single blemish, whether to cause the person to be declared pure or to be declared impure, as we explained.
ื‘
ื”ื‘ื ื‘ืชื—ืœื” ื•ื”ื•ื ื›ื•ืœื• ื”ืคืš ืœื‘ืŸ ืื ื”ื™ืชื” ื‘ื• ืžื—ื™ื” ืื• ืฉืชื™ ืฉืขืจื•ืช ืœื‘ื ื•ืช ืžื—ืœื™ื˜ื™ืŸ ืื•ืชื• ืื ืื™ืŸ ืฉื ืกื™ืžืŸ ื˜ื•ืžืื” ืžืกื’ื™ืจื™ืŸ ืื•ืชื• ืฉื‘ื•ืข ืจืืฉื•ืŸ ื ื•ืœื“ ืœื• ืฉื™ืขืจ ืœื‘ืŸ ืื• ืžื—ื™ื” ืžื—ืœื™ื˜ื• ืœื ื ื•ืœื“ ื‘ื• ื›ืœื•ื ืžืกื’ื™ืจื• ืฉื‘ื•ืข ืฉื ื™ ืœื ื ื•ืœื“ ืœื• ืกื™ืžืŸ ื˜ื•ืžืื” ื”"ื– ื˜ื”ื•ืจ ืฉื“ื™ืŸ ื‘ื”ืจืช ื–ื• ื”ื’ื“ื•ืœื” ื›ื“ื™ืŸ ื”ืงื˜ื ื” ื”ื—ืœื™ื˜ื• ื‘ืฉื™ืขืจ ืœื‘ืŸ ืฉื ื•ืœื“ ื‘ื• ื•ื”ืฉื—ื™ืจื• ืฉืชื™ื”ืŸ ืื• ืื—ืช ืžื”ืŸ ื”ืงืฆื™ืจื• ืฉืชื™ื”ืŸ ืื• ืื—ืช ืžื”ืŸ ื ืกืžืš ื”ืฉื—ื™ืŸ ืœืฉืชื™ื”ืŸ ืื• ืœืื—ืช ืžื”ืŸ ื”ืงื™ืฃ ื”ืฉื—ื™ืŸ ืืช ืฉืชื™ื”ืŸ ืื• ืื—ืช ืžื”ืŸ ืื• ืฉื—ืœืงืŸ ื”ืฉื—ื™ืŸ ื•ืžื—ื™ืช ื”ืฉื—ื™ืŸ ื•ื”ืžื›ื•ื” ื•ืžื—ื™ืช ื”ืžื›ื•ื” ื•ื”ื‘ื•ื”ืง ื”ืจื™ ื–ื” ื˜ื”ื•ืจ ื ื•ืœื“ ืœื• ืฉื™ืขืจ ืœื‘ืŸ ืื—ืจ ืื• ืžื—ื™ื” ื”ืจื™ ื–ื” ื˜ืžื ืžืคื ื™ ืฉื‘ื ื›ื•ืœื• ืœื‘ืŸ ื‘ืชื—ืœื” ืื—ืจ ืฉืคืจื—ื” ื”ืฆืจืขืช ื‘ื›ื•ืœื• ื›ืื—ืช ื•ืื—ืจ ืฉืคืฉืชื” ื•ืคืจื—ื” ืžืขื˜ ืžืขื˜ ืขื“ ืฉื”ืœื‘ื™ืŸ ื›ื•ืœื• ืื ืžืชื•ืš ื”ืกื’ืจ ืื• ืžืชื•ืš ื”ื—ืœื˜ ื˜ื”ื•ืจ ื•ืื ืื—ืจ ื”ืคื™ื˜ื•ืจ ื˜ืžื ื•ืื ื‘ืชื—ืœื” ื™ืกื’ื™ืจ ืื—ื“ ืฉื”ื™ื” ื›ื•ืœื• ืžืจืื” ืื—ื“ ืื• ืฉื”ื™ื” ื›ื•ืœื• ืœื‘ืŸ ื‘ืืจื‘ืข ื”ืžืจืื•ืช ืฉื‘ืœื•ื‘ืŸ ื•ื‘ืืจื‘ืข ืฉืœ ืคืชื•ืš ื”ื›ืœ ืžืฆื˜ืจืคื™ืŸ ื‘ื™ืŸ ืœื˜ื”ืจื• ื‘ื™ืŸ ืœื˜ืžืื• ื›ืžื• ืฉื‘ื™ืืจื ื•:
3
The following rules apply when a person had a baheret the size of a gris in which there was a patch of healthy flesh the size of a lentil and he was deemed definitively impure because of the healthy flesh. Afterwards, the tzara'at spread over his entire body and the healthy flesh disappeared. Alternatively, the healthy flesh disappeared and then the tzara'at spread over his entire body. He is considered as pure. This applies even if white hair emerges. If, however, healthy skin emerges, he is impure, as Leviticus 12:14states: "On the day he exhibits healthy flesh, he will be deemed impure," provided the healthy flesh is the size of a square superimposed on a lentil or larger.
Different rules apply if one had a baheret with white hair and he was deemed impure because of it and afterwards, the tzara'atspread over his entire body. Even though the white hair remains in place, he is pure, as can be derived from the verse: "On the day he exhibits healthy flesh, he will be deemed impure." Implied is that a person whose entire skin turned white after being deemed definitively impure or being isolated becomes impure because of healthy flesh, but not because of white hair. If he was deemed impure because his blemish spread and then it continued to spread and covered his entire body, he is pure. If he exhibits any healthy flesh, he is impure.
ื’
ื”ื™ืชื” ื‘ื• ื‘ื”ืจืช ื›ื’ืจื™ืก ื•ื‘ื” ืžื—ื™ื” ื›ืขื“ืฉื” ื•ื”ื•ื—ืœื˜ ื‘ืžื—ื™ื” ื•ืคืจื—ื” ื”ืฆืจืขืช ื‘ื›ื•ืœื• ื•ืื—"ื› ื”ืœื›ื” ื”ืžื—ื™ื” ืื• ืฉื”ืœื›ื” ื”ืžื—ื™ื” ืชื—ืœื” ื•ืื—ืจ ื›ืš ืคืจื—ื” ื‘ื›ื•ืœื• ื”"ื– ื˜ื”ื•ืจ ื•ืืคื™ืœื• ื ื•ืœื“ ืœื• ืฉื™ืขืจ ืœื‘ืŸ ื ื•ืœื“ื” ื‘ื• ืžื—ื™ื” ื˜ืžื ืฉื ืืžืจ ื•ื‘ื™ื•ื ื”ืจืื•ืช ื‘ื• ื‘ืฉืจ ื—ื™ ื™ื˜ืžื ื•ื”ื•ื ืฉืชื”ื™ื” ื›ืขื“ืฉื” ืžืจื•ื‘ืขืช ืื• ื™ืชืจ ื”ื™ืชื” ื‘ื• ื‘ื”ืจืช ื•ื‘ื” ืฉื™ืขืจ ืœื‘ืŸ ื•ื”ื•ื—ืœื˜ ื‘ืฉื™ืขืจ ืœื‘ืŸ ื•ืื—"ื› ืคืจื—ื” ื‘ื›ื•ืœื• ืืข"ืค ืฉืฉื™ืขืจ ืœื‘ืŸ ื‘ืžืงื•ืžื• ืขื•ืžื“ ื˜ื”ื•ืจ ืฉื ืืžืจ ื•ื‘ื™ื•ื ื”ืจืื•ืช ื‘ื• ื‘ืฉืจ ื—ื™ ื™ื˜ืžื ื‘ืžื—ื™ื” ืžืชื˜ืžื ื–ื” ืฉื ื”ืคืš ื›ื•ืœื• ืœื‘ืŸ ืื—ืจ ื”ื—ืœื˜ ืื• ืื—ืจ ื”ืกื’ืจ ื•ืื™ื ื• ืžื™ื˜ืžื ื‘ืฉื™ืขืจ ืœื‘ืŸ ื”ื—ืœื™ื˜ื• ื‘ืคืฉื™ื•ืŸ ื•ืื—ืจ ื›ืš ืคืฉืชื” ื•ืคืจื—ื” ื‘ื›ื•ืœื• ื˜ื”ื•ืจ ื•ืื ื ืจืื™ืช ื‘ื• ืžื—ื™ื” ื˜ืžื:
4
Even the tips of limbs that do not impart impurity as healthy flesh when they are located in the midst of a baheret, do impart impurity and prevent a person from being deemed pure if his entire flesh turns white.
What is implied? If a person who was definitively deemed impure or who was isolated whose entire flesh turned white because oftzara'at with the exception of a lentil's size of healthy flesh, even if the healthy flesh is located on his fingertip, the tip of his nose, or the like, he remains impure.
Similarly, if a person's entire flesh turned white and he was declared pure and then a lentil's size of healthy flesh returned, even at the tips of one of his limbs, he should be definitively deemed impure. If his flesh turned entirely to a shade of tzara'atexcept for a lentil's size portion - even on the tips of his limbs that turned to a bohak, he should be deemed definitively impure, as can be derived from Leviticus 13:12: "If... the tzara'at will cover the entire skin...." Implied is that it must be covered by tzara'at, not abohak. Even if part of the lentil's size portion was healthy flesh and part was a bohak, it is a sign of impurity.
If a person's entire flesh turned to one of the shades of tzara'at and he was declared pure and then a portion of his flesh turned to the color of a bohak, he remains pure until he exhibits a lentil's size of healthy flesh, as implied by the verse: "On the day he exhibits healthy flesh...." Implied is that he must exhibit healthy flesh, not abohak. If a lentil's size portion of flesh [changed appearance, part was healthy flesh and part was a bohak, it is not considered a sign of impurity and the person is still considered as pure.
ื“
ืืฃ ืจืืฉื™ ืื™ื‘ืจื™ื ืฉืื™ื ืŸ ืžื˜ืžืื™ืŸ ืžืฉื•ื ืžื—ื™ื” ืฉื‘ืชื•ืš ื”ื‘ื”ืจืช ืžื˜ืžืื™ืŸ ื•ืžืขื›ื‘ื™ืŸ ืืช ื”ื ื”ืคืš ื›ื•ืœื• ืœื‘ืŸ ื›ื™ืฆื“ ืžื•ื—ืœื˜ ืื• ืžื•ืกื’ืจ ืฉื”ืœื‘ื™ืŸ ื›ื•ืœื• ื‘ืฆืจืขืช ื—ื•ืฅ ืžื›ืขื“ืฉื” ื‘ืฉืจ ื—ื™ ืืคื™ืœื• ื‘ืจืืฉ ืืฆื‘ืขื• ืื• ื‘ืจืืฉ ื—ื•ื˜ืžื• ื•ื›ื™ื•ืฆื ื‘ื”ืŸ ื”ืจื™ ื”ื•ื ื‘ื˜ื•ืžืืชื• ื•ื›ืŸ ื–ื” ืฉื ื”ืคืš ื›ื•ืœื• ืœื‘ืŸ ื•ื˜ื”ืจ ืื ื—ื–ืจ ื‘ื• ื›ืขื“ืฉื” ื‘ืฉืจ ื—ื™ ืืคื™ืœื• ื‘ืจืืฉ ืื—ื“ ืžืŸ ื”ืื™ื‘ืจื™ื ื”ืจื™ ื–ื” ืžื•ื—ืœื˜ ื ื”ืคืš ื›ื•ืœื• ืœืžืจืื” ืฆืจืขืช ื—ื•ืฅ ืžื›ืขื“ืฉื” ืืคื™ืœื• ื‘ืจืืฉ ืื—ื“ ืžืŸ ื”ืื™ื‘ืจื™ื ืฉื ื”ืคืš ืœื‘ื•ื”ืง ื”ืจื™ ื–ื” ื˜ืžื ืžื•ื—ืœื˜ ืฉื ืืžืจ ื•ื”ื ื” ื›ืกืชื” ื”ืฆืจืขืช ืœื ื”ื‘ื•ื”ืง ืืคื™ืœื• ื”ื™ืชื” ืžืงืฆืช ื”ืขื“ืฉื” ื‘ืฉืจ ื—ื™ ื•ืžืงืฆืชื” ื‘ื•ื”ืง ื”ืจื™ ื–ื• ืกื™ืžืŸ ื˜ื•ืžืื” ื™ื”ืคืš ื›ื•ืœื• ืœืžืจืื” ืฆืจืขืช ื•ื˜ื™ื”ืจ ื•ืื—"ื› ื—ื–ืจ ื‘ื• ื‘ืฉืจ ื›ืžืจืื” ื”ื‘ื•ื”ืง ื”ืจื™ ื–ื” ื˜ื”ื•ืจ ืขื“ ืฉื™ืจืื” ื‘ื• ื›ืขื“ืฉื” ื‘ืฉืจ ื—ื™ ืฉื ืืžืจ ื•ื‘ื™ื•ื ื”ืจืื•ืช ื‘ื• ื‘ืฉืจ ื—ื™ ืœื ื‘ื•ื”ืง ื—ื–ืจ ื‘ื• ื›ืขื“ืฉื” ืžืงืฆืชื” ื‘ืฉืจ ื—ื™ ื•ืžืงืฆืชื” ื‘ื•ื”ืง ืื™ื ื• ืกื™ืžืŸ ื˜ื•ืžืื” ื•ื”ืจื™ ื”ื•ื ื‘ื˜ื”ืจืชื•:
5
Whenever tzara'at spreads over the entire body of an impure person, he becomes pure. If a lentil's size portion of healthy flesh was revealed, he is impure. If his entire flesh was again covered with tzara'at, he is pure, If healthy flesh was again revealed, he is impure. These rulings are given even if the cycle repeats itself 100 times.
If healthy flesh began to be revealed and it continues to grow and the size of the tzara'at shrinks, the person remains impure until thebaheret becomes smaller than a gris.
ื”
ื›ืœ ื˜ืžื ืฉืคืจื—ื” ื”ืฆืจืขืช ื‘ื›ื•ืœื• ื˜ื”ื•ืจ ื ืชื’ืœื” ืžืžื ื• ื›ืขื“ืฉื” ื‘ืฉืจ ื—ื™ ื ื˜ืžื ื—ื–ืจ ื•ื ืชื›ืกื” ื‘ืฆืจืขืช ื˜ื”ื•ืจ ื—ื–ืจ ื•ื ืชื’ืœื” ื ื˜ืžื ืืคื™ืœื• ืžืื” ืคืขืžื™ื ื”ืชื—ื™ืœ ื”ื‘ืฉืจ ื”ื—ื™ ืœื”ืชื’ืœื•ืช ื•ื”ืจื™ ื”ื•ื ืžื•ืกื™ืฃ ื•ื”ื•ืœืš ื•ื”ืฆืจืขืช ืžืชืžืขื˜ืช ื”ืจื™ ื–ื” ื‘ื˜ื•ืžืืชื• ืขื“ ืฉืชืชืžืขื˜ ื”ื‘ื”ืจืช ืžื›ื’ืจื™ืก:
6
Any portion of skin that is fit to contract impurity because ofbaheret but remains healthy prevents a person whose entire flesh is becoming white from being placed in that category. Any portion of skin that is not fit to contract impurity because ofbaheretdoes not prevent a person whose entire flesh is becoming white from being placed in that category although that portion of skin remains healthy.
What is implied? When tzara'at spreads over a person's entire skin, but not on his head or his chin, nor onto a festering boil or burn or there is less than a lentil's size portion of healthy flesh next to a festering boil or burn or to his head or chin, he is pure. If the hair fell from the head and the chin or if a scab formed over the boil or the burn, the person is impure until the tzara'at spreads to them, for they are fit to contract impurity because of a baheret.
If there were two beharot, one had a sign of impurity and one was pure, the pure one spread to the impure and then covered the person's skin entirely, he is deemed pure. The rationale is that he was previously deemed definitively impure, even though it was the pure one that spread. Furthermore, this ruling applies even if one of the beharot was on his upper lip and the other on his lower lip or on two of his fingers or on his two eyelids, and thus when they are closed together, the two beharot appear as one. Nevertheless, since tzara'at spread over the person's entire skin, he is pure.
ื•
ื›ืœ ื”ืจืื•ื™ ืœื™ื˜ืžื ื‘ื ื’ืข ื”ื‘ื”ืจืช ืžืขื›ื‘ ื”ื”ื•ืคืš ื›ื•ืœื• ืœื‘ืŸ ื•ื›ืœ ืฉืื™ื ื• ืจืื•ื™ ืœื™ื˜ืžื ื‘ื ื’ืข ื”ื‘ื”ืจืช ืื™ื ื• ืžืขื›ื‘ ื›ื™ืฆื“ ืคืจื—ื” ื‘ื›ื•ืœื• ืื‘ืœ ืœื ื‘ืจืืฉ ื•ื‘ื–ืงืŸ ื‘ืฉื—ื™ืŸ ื•ื‘ืžื›ื•ื” ื”ืžื•ืจื“ื™ืŸ ืื• ืฉื ืฉืืจ ืคื—ื•ืช ืžื›ืขื“ืฉื” ื‘ืฉืจ ื—ื™ ืกืžื•ืš ืœืฉื—ื™ืŸ ื•ืœืžื›ื•ื” ื”ืžื•ืจื“ื™ืŸ ื•ืœืจืืฉ ื•ืœื–ืงืŸ ื”"ื– ื˜ื”ื•ืจ ื—ื–ืจ ื”ืจืืฉ ื•ื”ื–ืงืŸ ื•ื ืงืจื—ื• ื•ื›ืŸ ืื ื—ื™ื• ื”ืฉื—ื™ืŸ ื•ื”ืžื›ื•ื” ื•ื”ืขืœื• ืฆืจื‘ืช ื”ืจื™ ื–ื” ื˜ืžื ืขื“ ืฉืชืคืจื— ื”ืฆืจืขืช ื‘ื”ืŸ ืฉื”ืจื™ ื”ืŸ ืจืื•ื™ื™ืŸ ืœื‘ื”ืจืช ื”ื™ื• ื‘ื” ืฉืชื™ ื‘ื”ืจื•ืช ืื—ืช ื™ืฉ ื‘ื” ืกื™ืžืŸ ื˜ื•ืžืื” ื•ืื—ืช ื˜ื”ื•ืจื” ื•ืคืจื—ื” ื”ื˜ื”ื•ืจื” ืœื˜ืžืื” ื•ืื—ืจ ื›ืš ืคืจื—ื” ื‘ื›ื•ืœื• ื”ืจื™ ื–ื” ื˜ื”ื•ืจ ืžืคื ื™ ืฉื”ื™ื” ืžื•ื—ืœื˜ ื‘ื˜ื•ืžืื” ืืฃ ืข"ืค ืฉื”ื˜ื”ื•ืจื” ื”ื™ื ืฉืคืจื—ื” ื•ืœื ืขื•ื“ ืืœื ืืคื™ืœื• ื”ื™ื• ืื—ืช ื‘ืฉืคืชื• ื”ืขืœื™ื•ื ื” ื•ืื—ืช ื‘ืฉืคืชื• ื”ืชื—ืชื•ื ื” ืื• ื‘ืฉืชื™ ืืฆื‘ืขื•ืชื™ื• ืื• ื‘ืฉื ื™ ืจื™ืกื™ ืขื™ื ื™ื• ื•ื›ืฉื”ืŸ ื ื“ื‘ืงื™ืŸ ื–ื” ืœื–ื” ื ืจืื™ืŸ ืฉืชื™ ื”ื‘ื”ืจื•ืช ื›ื‘ื”ืจืช ืื—ืช ื”ื•ืื™ืœ ื•ืคืจื—ื” ื‘ื›ื•ืœื• ื˜ื”ื•ืจ:
7
There are those who show their blemishes to a priest and benefit from doing so, because they showed it to him early and did not delay, and others who suffer from doing so.
What is implied? A person was definitively deemed impure. His signs of impurity disappeared, but he did not have the opportunity to show this development to a priest before the tzara'at spread over his entire body. He is pure. If, however, he had acted earlier and showed it to the priest previously, he would have been released from the inspection process before it spread over his entire body. Thus it would have spread after he was released, in which instance, he would be deemed definitively impure, as we explained.
If he had a baheret without any signs of impurity and he did not have the opportunity to show it to a priest before it spread over his entire body, he is impure and must be isolated. If, however, he had acted earlier and had shown it to the priest, he would have been isolated before it spread. Thus it would have spread after he was isolated, in which instance, he would be pure, as we explained.
ื–
ื™ืฉ ืžืจืื” ื ื’ืขื• ืœื›ื”ืŸ ื•ื ืฉื›ืจ ืžืคื ื™ ืฉื”ืงื“ื™ื ืœื”ืจืื™ืชื• ื•ืœื ื ืชืื—ืจ ื•ื™ืฉ ืžืจืื” ื•ืžืคืกื™ื“ ื›ื™ืฆื“ ืžื™ ืฉื”ื™ื” ืžื•ื—ืœื˜ ื•ื”ืœื›ื• ืœื”ืŸ ืกื™ืžื ื™ ื˜ื•ืžืื” ื•ืœื ื”ืกืคื™ืง ืœื”ืจืื•ืชื• ืœื›ื”ืŸ ืขื“ ืฉืคืจื—ื” ื‘ื›ื•ืœื• ื˜ื”ื•ืจ ื•ืื™ืœื• ืงื“ื ื•ื”ืจืื” ืœื›ื”ืŸ ื•ืคื˜ืจื• ืงื•ื“ื ืฉื™ื”ืคืš ื•ื ื”ืคืš ืื—ืจ ื”ืคื™ื˜ื•ืจ ื”ื™ื” ืžื•ื—ืœื˜ ื›ืžื• ืฉื‘ื™ืืจื ื• ื”ื™ืชื” ื‘ื• ื‘ื”ืจืช ื•ืื™ืŸ ื‘ื” ื›ืœื•ื ื•ืœื ื”ืกืคื™ืง ืœื”ืจืื•ืชื• ืœื›ื”ืŸ ืขื“ ืฉืคืจื—ื” ื‘ื›ื•ืœื• ื”ืจื™ ื–ื” ื˜ืžื ื•ืฆืจื™ืš ื”ืกื’ืจ ื•ืื™ืœื• ืงื“ื ื•ื”ืจืื” ืœื›ื”ืŸ ื•ื”ืกื’ื™ืจื• ืงื•ื“ื ืฉื™ื”ืคืš ื•ื ื”ืคืš ืžืชื•ืš ื”ืกื’ืจ ื”ื™ื” ื˜ื”ื•ืจ ื›ืžื• ืฉื‘ื™ืืจื ื•:
• Rambam - 3 Chapters: Sechirut Sechirut - Chapter 1, Sechirut Sechirut - Chapter 2, Sechirut Sechirut - Chapter 3 
• Sechirut - Chapter 1
"I will thankfully acknowledge You with an upright heart, as I study Your righteous judgments" (Psalms 119:7).
The Thirteenth Book
SEFER MISHPATIM
The Book of Judgments
It consists of five halachot. They are, in order:
Hilchot Sechirut - The Laws of Rentals and Employer-Employee Relations; Hilchot She'ilah UFikadon - The Laws Governing Borrowing and Governing Entrusted Objects;
Hilchot Malveh V'Loveh - The Laws Pertaining to Lenders and Borrowers; Hilchot To'en VNit'an - The Laws Governing Disputes between Plaintiffs and Defendants; and Hilchot Nachalot - The Laws Pertaining to Inheritances
1
The Torah mentions four types of watchmen, who are governed by three different rules. The four types of watchmen are an unpaid watchman, a borrower, a paid watchman and a renter.
ื
ืืจื‘ืขื” ืฉื•ืžืจื™ื ื ืืžืจื• ื‘ืชื•ืจื” ื•ืฉืœืฉื” ื“ื™ื ื™ืŸ ื™ืฉ ืœื”ื ื•ืืœื• ื”ืŸ ื”ืืจื‘ืขื” ืฉื•ืžืจื™ืŸ ืฉื•ืžืจ ื—ื ื ื•ื”ืฉื•ืืœ ื•ื ื•ืฉื ืฉื›ืจ ื•ื”ืฉื•ื›ืจ:
2
These are the three rules that govern cases involving these watchmen: When an entrusted article is stolen from or lost by an unpaid watchman and - needless to say, when the entrusted article is destroyed by forces beyond the watchman's control - e.g., it was an animal and it died or was taken captive -the watchman must take an oath that he guarded the article in a manner appropriate for a watchman, and then he is freed of liability, asExodus 22:6-7 states: "And it was stolen from the man's home... and the homeowner shall approach the judges."
A borrower must make restitution in all instances, whether the borrowed object was lost, stolen, or destroyed by factors beyond his control - e.g., a borrowed animal died, was injured or taken captive. For with regard to a borrower, ibid.:13 states: "If it becomes injured or dies - when its owner is not with it - he must certainly make restitution."
A paid watchman and a renter are governed by the same laws. If the article that was rented or was entrusted for a fee was lost or stolen, they must make restitution. If the article is lost by forces beyond the watchman's control - e.g., an animal died, was injured, was taken captive or was attacked by a wild animal - the watchman is required to take an oath, and then he is freed of liability, asibid.:9-10 states: "If it died, was injured or taken captive, and there are no witnesses, an oath of God shall be between them." Andibid.:11 states: "If it is stolen from him, he shall make restitution to its owner."
Thus, an unpaid watchman takes an oath in all instances. A borrower makes restitution in all instances except when an animal dies performing the labor for which it was borrowed, as will be explained. And a paid watchman and a renter make restitution when the article is lost or stolen, and take an oath when it is destroyed by forces beyond their control - e.g., it was injured, taken captive, died, attacked by beasts, lost in a ship that sank at sea, seized by armed thieves - or lost in any other major matter over which the watchman has no control.
ื‘
ื•ืืœื• ื”ืŸ ืฉืœืฉื” ื“ื™ื ื™ืŸ ืฉืœื”ืŸ: ืฉ"ื— ืฉื ื’ื ื‘ ื”ืคืงื“ื•ืŸ ืžืžื ื• ืื• ืื‘ื“ ื•ืื™ืŸ ืฆืจื™ืš ืœื•ืžืจ ืื ื ืื ืก ื”ืคืงื“ื•ืŸ ืื•ื ืก ื’ื“ื•ืœ ื›ื’ื•ืŸ ืฉื”ื™ืชื” ื‘ื”ืžื” ื•ืžืชื” ืื• ื ืฉื‘ื™ืช ื”"ื– ื ืฉื‘ืข ืฉืฉืžืจ ื›ื“ืจืš ื”ืฉื•ืžืจื™ืŸ ื•ืคื˜ื•ืจ ืฉื ืืžืจ ื•ื’ื•ื ื‘ ืžื‘ื™ืช ื”ืื™ืฉ ื•ื’ื•' ื•ื ืงืจื‘ ื‘ืขืœ ื”ื‘ื™ืช ืืœ ื”ืืœื”ื™ื ื”ืฉื•ืืœ ืžืฉืœื ื”ื›ืœ ื‘ื™ืŸ ืฉืื‘ื“ ื“ื‘ืจ ื”ืฉืื•ืœ ืื• ื ื’ื ื‘ ื‘ื™ืŸ ืฉืืจืขื• ืื•ื ืก ื’ื“ื•ืœ ืžื–ื” ื›ื’ื•ืŸ ืฉืžืชื” ื”ื‘ื”ืžื” ื”ืฉืื•ืœื” ืื• ื ืฉื‘ืจื” ืื• ื ืฉื‘ื™ืช ืฉื›ืš ื›ืชื•ื‘ ื‘ืฉื•ืืœ ื•ื ืฉื‘ืจ ืื• ืžืช ื‘ืขืœื™ื• ืื™ืŸ ืขืžื• ืฉืœื ื™ืฉืœื ื ื•ืฉื ืฉื›ืจ ืื• ื”ืฉื•ื›ืจ ืฉื ื™ื”ื ื“ื™ืŸ ืื—ื“ ื™ืฉ ืœื”ืŸ ืื ื ื’ื ื‘ ืื• ืื‘ื“ ื”ื“ื‘ืจ ื”ืฉื›ื•ืจ ืื• ืฉื ื˜ืœ ืฉื›ืจ ืขืœ ืฉืžื™ืจืชื• ื”ืจื™ ืืœื• ืžืฉืœืžื™ื ื•ืื ืืจืขื• ืื•ื ืก ื’ื“ื•ืœ ืžื–ื” ื›ื’ื•ืŸ ืฉื”ื™ืชื” ื‘ื”ืžื” ื•ืžืชื” ืื• ื ืฉื‘ืจื” ืื• ื ืฉื‘ื™ืช ืื• ื ื˜ืจืคื” ื”ืจื™ ืืœื• ื ืฉื‘ืขื™ืŸ ืฉื ืื ืกื” ื•ืคื˜ื•ืจื™ืŸ ืฉื ืืžืจ ื•ืžืช ืื• ื ืฉื‘ืจ ืื• ื ืฉื‘ื” ืื™ืŸ ืจื•ืื” ืฉื‘ื•ืขืช ื”' ื•ื’ื•' ื•ื›ืชื™ื‘ ืื ื’ื ื•ื‘ ื™ื’ื ื‘ ืžืขืžื• ื™ืฉืœื ืœื‘ืขืœื™ื• ื•ื’ื•' ื ืžืฆืืช ืื•ืžืจ ืฉื•ืžืจ ื—ื ื ื ืฉื‘ืข ืขืœ ื”ื›ืœ ื•ื”ืฉื•ืืœ ืžืฉืœื ืืช ื”ื›ืœ ื—ื•ืฅ ืžืŸ ื”ืžืชื” ื‘ืฉืขืช ืžืœืื›ื” ื›ืžื• ืฉื™ืชื‘ืืจ ื ื•ืฉื ืฉื›ืจ ื•ื”ืฉื•ื›ืจ ืžืฉืœืžื™ืŸ ืืช ื”ืื‘ื™ื“ื” ื•ืืช ื”ื’ื ื™ื‘ื” ื•ื ืฉื‘ืขื™ืŸ ืขืœ ื”ืื•ื ืกื™ืŸ ื”ื’ื“ื•ืœื™ื ื›ื’ื•ืŸ ืฉื‘ื•ืจื” ื•ืฉื‘ื•ื™ื” ื•ืžืชื” ื•ื˜ืจื™ืคื” ืื• ืฉืื‘ื“ ื”ื“ื‘ืจ ื‘ืกืคื™ื ื” ืฉื˜ื‘ืขื” ื‘ื™ื ืื• ื ืœืงื— ื‘ืœืกื˜ื™ื ืžื–ื•ื™ื™ืŸ ื•ื›ืœ ื›ื™ื•ืฆื ื‘ืืœื• ืžืฉืืจ ืื•ื ืกื™ืŸ ื”ื’ื“ื•ืœื™ื:
3
The following rules apply when a person entrusts an article to a colleague for safekeeping, whether he offers payment or not or lends an article or hires it out. If the watchman also asks the owner of the article to work for him or hires him together with the article, the watchman is never held liable at all. Even if the watchman is negligent in his care of the article he was watching, and it was lost because of his negligence, he is not liable, asExodus 22:14 states: "If his owner is with him, he need not make restitution. If he is a hired worker, it comes with his wages."
When does the above apply? When the watchman asked or hired the owner to work at the time he took the article, even if the owner was not with him at the time the article was stolen, lost or destroyed by forces beyond his control. If, by contrast, he took the article and became responsible as a watchman at the outset, and afterwards asked or hired the owner to work, he is not absolved of responsibility. Even if the owner was standing nearby at the time the entrusted article was destroyed by forces beyond the watchman's control, the watchman is liable to pay, as implied byibid.: 13: "If the owner is not with him, he must certainly make restitution."
According to the Oral Tradition, these verses were interpreted to mean: If the owner was with the borrower at the time the article or animal was borrowed, he is not liable, even if he was not with him at the time it was stolen or died. If, however, he was not with the borrower at the time the article or animal was borrowed, he is liable, even if he was with him at the time it was stolen or died. The same laws apply to other watchmen. If the owners are "with them", they are all free of liability. Even if they are negligent, if the owners are "with them", they are all free of liability.
ื’
ื”ืžืคืงื™ื“ ืืฆืœ ื—ื‘ื™ืจื• ื‘ื™ืŸ ื‘ื—ื ื ื‘ื™ืŸ ื‘ืฉื›ืจ ืื• ื”ืฉืื™ืœื• ืื• ื”ืฉื›ื™ืจื• ืื ืฉืืœ ื”ืฉื•ืžืจ ืืช ื”ื‘ืขืœื™ื ืขื ื”ื“ื‘ืจ ืฉืœื”ืŸ ืื• ืฉื›ืจืŸ ื”ืจื™ ื”ืฉื•ืžืจ ืคื˜ื•ืจ ืžื›ืœื•ื ืืคื™ืœื• ืคืฉืข ื‘ื“ื‘ืจ ืฉืฉืžืจ ื•ืื‘ื“ ืžื—ืžืช ื”ืคืฉื™ืขื” ื”"ื– ืคื˜ื•ืจ ืฉื ืืžืจ ืื ื‘ืขืœื™ื• ืขืžื• ืœื ื™ืฉืœื ืื ืฉื›ื™ืจ ื”ื•ื ื‘ื ื‘ืฉื›ืจื• ื‘ื“"ื ื›ืฉืฉืืœ ื”ื‘ืขืœื™ื ืื• ืฉื›ืจืŸ ื‘ืขืช ืฉื ื˜ืœ ื”ื—ืคืฅ ืืฃ ืขืœ ืคื™ ืฉืื™ืŸ ื”ื‘ืขืœื™ื ืฉื ืขืžื• ื‘ืขืช ื”ื’ื ื™ื‘ื” ื•ื”ืื‘ื™ื“ื” ืื• ื‘ืขืช ืฉื ืื ืก ืื‘ืœ ื ื˜ืœ ื”ื—ืคืฅ ื•ื ืขืฉื” ืขืœื™ื• ืฉื•ืžืจ ืชื—ืœื” ื•ืื—ืจ ื›ืš ืฉื›ืจ ื”ื‘ืขืœื™ื ืื• ืฉืืœืŸ ืืข"ืค ืฉื”ื™ื• ื”ื‘ืขืœื™ื ืขื•ืžื“ื™ืŸ ืฉื ื‘ืขืช ืฉื ืื ืก ื”ื“ื‘ืจ ื”ืฉืžื•ืจ ื”"ื– ืžืฉืœื ืฉื ืืžืจ ื‘ืขืœื™ื• ืื™ืŸ ืขืžื• ืฉืœื ื™ืฉืœื ืžืคื™ ื”ืฉืžื•ืขื” ืœืžื“ื• ื”ื™ื” ืขืžื• ื‘ืฉืขืช ื”ืฉืืœื” ืืฃ ืขืœ ืคื™ ืฉืื™ื ื• ื‘ืขืช ื”ื’ื ื™ื‘ื” ื•ื”ืžื™ืชื” ืคื˜ื•ืจ ืœื ื”ื™ื” ืขืžื• ื‘ืฉืขืช ื”ืฉืืœื” ืืข"ืค ืฉื”ื™ื” ืขืžื• ื‘ืขืช ื”ืžื™ืชื” ืื• ื”ืฉื‘ื™ื™ื” ื—ื™ื™ื‘ ื•ื”ื•ื ื”ื“ื™ืŸ ืœืฉืืจ ื”ืฉื•ืžืจื™ื ืฉื›ื•ืœืŸ ื‘ื‘ืขืœื™ื ืคื˜ื•ืจื™ืŸ ืืคื™ืœื• ืคืฉื™ืขื” ื‘ื‘ืขืœื™ื ืคื˜ื•ืจ:
4
Whenever a watchman is negligent when he begins caring for the article, even though the article is ultimately destroyed by forces beyond his control, he is liable, as will be explained.
A borrower is not allowed to lend the entrusted article to another person. Even if he borrows a Torah scroll - in which instance, anyone who reads it performs a mitzvah - he may not lend it to someone else. Similarly, a renter is not permitted to rent the entrusted article to another person. Even if a Torah scroll was rented to him, he may not rent it to someone else. The rationale is that the owner will tell the watchman: "I do not want my article to be in someone else's hands."
The following rules apply if the watchman transgressed and entrusted the article to another watchman. If there are witnesses who testify that the second watchman guarded the article in an appropriate manner, and the article was destroyed by forces beyond his control, the first watchman is not liable. For there are witnesses that the article was destroyed by forces beyond his control.
If there are no witnesses to give such testimony, the first watchman is liable to pay the owners, for he entrusted the article to another watchman. Afterwards, he should enter into litigation with the second watchman. Even if the first watchman was not paid for his services and he entrusted the article to a paid watchman, he is liable. For the owner of the article will tell him: "Although you are an unpaid watchman, you are trustworthy in my eyes, and I am willing to believe your oath. I don't consider the other person trustworthy."
For this reason, if the owner of the article would frequently entrust articles of this nature to the second watchman, the first watchman is not required to make restitution. For he could tell the owner: "Yesterday, you were willing to entrust the article that you entrusted to me to this person."
In the above instance, the watchman is freed of liability only when he does not reduce the level of responsibility for watching the article. What is meant by reducing the level of responsibility for watching the article? For example, the article was entrusted to the first watchman for a fee, and he entrusted it to the second watchman without charge, or the first watchman was a borrower, and he entrusted it to a paid watchman. In such instances, since the watchman reduced the level of responsibility for watching the article, he is considered to be negligent and is required to pay.
[The above applies even if when the article was originally entrusted, the owner was working for or hired by the first watchman. For that watchman removed the entrusted article from his domain and entrusted it to another watchman.
ื“
ื›ืœ ืฉื•ืžืจ ืฉืคืฉืข ื‘ืชื—ืœืชื• ืืฃ ืขืœ ืคื™ ืฉื ืื ืก ื‘ืกื•ืคื• ื—ื™ื™ื‘ ื›ืžื• ืฉื™ืชื‘ืืจ ื•ืื™ืŸ ื”ืฉื•ืืœ ืจืฉืื™ ืœื”ืฉืื™ืœ ืืคื™ืœื• ืฉืืœ ืกืคืจ ืชื•ืจื” ืฉื›ืœ ืฉืงื•ืจื ื‘ื• ืขื•ืฉื” ืžืฆื•ื” ืœื ื™ืฉืื™ืœื ื• ืœืื—ืจ ื•ื›ืŸ ืื™ืŸ ื”ืฉื•ื›ืจ ืจืฉืื™ ืœื”ืฉื›ื™ืจ ืืคื™ืœื• ื”ืฉื›ื™ืจื• ืก"ืช ืœื ื™ืฉื›ื™ืจื ื• ืœืื—ืจ ืฉื”ืจื™ ื–ื” ืื•ืžืจ ืœื• ืื™ืŸ ืจืฆื•ื ื™ ืฉื™ื”ื™ื” ืคืงื“ื•ื ื™ ื‘ื™ื“ ืื—ืจ ืขื‘ืจ ื”ืฉื•ืžืจ ื•ืžืกืจ ืœืฉื•ืžืจ ื”ืฉื ื™ ืื ื™ืฉ ืขื“ื™ื ืฉืฉืžืจื” ื”ืฉื•ืžืจ ื”ืฉื ื™ ื›ื“ืจืš ื”ืฉื•ืžืจื™ืŸ ื•ื ืื ืก ืคื˜ื•ืจ ื”ืฉื•ืžืจ ื”ืจืืฉื•ืŸ ืฉื”ืจื™ ื™ืฉ ืขื“ื™ื ืฉื ืื ืก ื•ืื ืื™ืŸ ืฉื ืขื“ื™ื ื—ื™ื™ื‘ ื”ืฉื•ืžืจ ื”ืจืืฉื•ืŸ ืœืฉืœื ืœื‘ืขืœื™ื ืžืคื ื™ ืฉืžืกืจ ืœืฉื•ืžืจ ืื—ืจ ื•ื™ืขืฉื” ื”ื•ื ื“ื™ืŸ ืขื ื”ืฉื•ืžืจ ื”ืฉื ื™ ืืคื™ืœื• ื”ื™ื” ื”ืจืืฉื•ืŸ ืฉ"ื— ื•ืžืกืจ ืœืฉื•ืžืจ ืฉื›ืจ ื—ื™ื™ื‘ ืฉื”ืจื™ ื™ืฉ ืœื‘ืขืœ ื”ื—ืคืฅ ืœื•ืžืจ ืœื• ืืชื” ื ืืžืŸ ืืฆืœื™ ืœื”ืฉื‘ืข ื•ื–ื” ืื™ื ื• ื ืืžืŸ ืœืคื™ื›ืš ืื ื”ื™ื” ื“ืจืš ื”ื‘ืขืœื™ื ืœื”ืคืงื™ื“ ืชืžื™ื“ ื“ื‘ืจ ื–ื” ืืฆืœ ื”ืฉื•ืžืจ ื”ืฉื ื™ ื”"ื– ื”ืฉื•ืžืจ ื”ืจืืฉื•ืŸ ืคื˜ื•ืจ ืžืœืฉืœื ืฉื”ืจื™ ื”ื•ื ืื•ืžืจ ืœื‘ืขืœื™ื ื–ื” ื”ื“ื‘ืจ ืฉื”ืคืงื“ืชื ืืฆืœื™ ืื• ื”ืฉืืœืชื ืืžืฉ ื”ื™ื™ืชื ืžืคืงื™ื“ื™ืŸ ืื•ืชื• ืืฆืœ ื–ื” ืฉื”ืคืงื“ืชื™ ืื ื™ ืืฆืœื• ื•ื”ื•ื ืฉืœื ื™ืžืขื˜ ืฉืžื™ืจืชื• ื›ื™ืฆื“ ื™ืžืขื˜ ืฉืžื™ืจืชื• ื›ื’ื•ืŸ ืฉื”ื™ื” ืžื•ืคืงื“ ืืฆืœื• ื‘ืฉื›ืจ ื•ื”ืคืงื™ื“ื• ืืฆืœ ืื•ืชื• ื”ืฉื ื™ ื‘ื—ื ื ืื• ืฉื”ื™ื” ืฉืื•ืœ ืืฆืœื• ื•ื”ืคืงื™ื“ื• ืืฆืœ ืื•ืชื• ื”ืฉื ื™ ื‘ืฉื›ืจ ื”ื•ืื™ืœ ื•ืžื™ืขื˜ ืฉืžื™ืจืชื• ืคื•ืฉืข ื”ื•ื ื•ืžืฉืœื ืืข"ืค ืฉืฉืืœ ืื• ืฉืฉื›ืจ ื‘ื‘ืขืœื™ื ื”ืจื™ ื”ื•ื ื”ื•ืฆื™ื ื”ื“ื‘ืจ ื”ืฉืžื•ืจ ืžื™ื“ื• ืœื™ื“ ืฉื•ืžืจ ืื—ืจ:
5
If the second watchman was able to bring proof that would free the first watchman from responsibility for guarding the article, he is not liable.
What is implied? A paid watchman entrusted an animal that was entrusted to him to an unpaid watchman. If the second watchman brought witnesses who testify that the animal died in a natural manner, the first watchman is not liable. The same principles apply in all analogous situations.
ื”
ื•ืื ื”ื‘ื™ื ื”ืฉื•ืžืจ ื”ืฉื ื™ ื”ืจืื™ื™ื” ืฉื™ืคื˜ืจ ื‘ื” ืฉื•ืžืจ ืจืืฉื•ืŸ ื›ื“ื™ืŸ ืฉืžื™ืจืชื• ื”ืจื™ ื–ื” ืคื˜ื•ืจ ื›ื™ืฆื“ ืฉื•ืžืจ ืฉื›ืจ ืฉื ืชืŸ ื”ื‘ื”ืžื” ื”ืฉืžื•ืจื” ืืฆืœื• ืœืฉ"ื— ืื ื”ื‘ื™ื ื”ืฉื•ืžืจ ื”ืฉื ื™ ืขื“ื™ื ืฉืžืชื” ื”ื‘ื”ืžื” ื›ื“ืจื›ื” ื”ืจื™ ื”ืฉื•ืžืจ ื”ืจืืฉื•ืŸ ืคื˜ื•ืจ ื•ื›ืŸ ื›ืœ ื›ื™ื•ืฆื ื‘ื–ื”:
6
When a watchman entrusted an animal entrusted to him to another watchman and increased the responsibility of the watchman and the animal died, the owner receives the benefit.
What is implied? A person rents a cow from a colleague and then lends it to another person. Afterwards, the cow dies in an ordinary manner in the possession of the borrower. Since the borrower is required to make full restitution, he should return the worth of the cow to its owners. For the renter is not carrying out business with his colleague's cow. Similar principles apply in all analogous situations.
The following rules apply when a person was in possession of an entrusted object belonging to a colleague and gave it to another person to bring to its owner. Since the first watchman is responsible for the article until it reaches its owner's domain, if he desires to retrieve the article from the second watchman, he may. If it is established that the first watchman has denied that property was entrusted to him, he cannot retrieve the article from the second watchman although he remains responsible for the entrusted article.
ื•
ืฉื•ืžืจ ืฉืžืกืจ ืœืฉื•ืžืจ ืื—ืจ ื•ื”ื•ืกื™ืฃ ื‘ืฉืžื™ืจืชื• ื•ืžืชื” ื”ื”ื ืื” ืœื‘ืขืœื™ื ื›ื™ืฆื“ ื”ืฉื•ื›ืจ ืคืจื” ืžื—ื‘ื™ืจื• ื•ื”ืฉืื™ืœื” ืœืื—ืจ ื•ืžืชื” ื›ื“ืจื›ื” ื‘ื™ื“ ื”ืฉื•ืืœ ื”ื•ืื™ืœ ื•ื”ืฉื•ืืœ ื—ื™ื™ื‘ ื‘ื›ืœ ื™ื—ื–ื™ืจื• ื“ืžื™ ื”ืคืจื” ืœื‘ืขืœื™ื ืฉืื™ืŸ ื–ื” ื”ืฉื•ื›ืจ ืขื•ืฉื” ืกื—ื•ืจื” ื‘ืคืจืชื• ืฉืœ ื—ื‘ื™ืจื• ื•ื›ืŸ ื›ืœ ื›ื™ื•ืฆื ื‘ื–ื” ื”ื™ื” ื‘ื™ื“ื• ืคืงื“ื•ืŸ ื•ืฉืœื—ื• ื‘ื™ื“ ืื—ืจ ืœื‘ืขืœื™ื• ื”ื•ืื™ืœ ื•ื”ืฉื•ืžืจ ื”ืจืืฉื•ืŸ ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชื• ืขื“ ืฉื™ื’ื™ืข ืœื™ื“ ื”ื‘ืขืœื™ื ืื ื‘ื ืœื—ื–ื•ืจ ื•ืœื”ื—ื–ื™ืจ ื”ืคืงื“ื•ืŸ ืžื™ื“ ื”ืฉื•ืžืจ ื”ืฉื ื™ ืžื—ื–ื™ืจ ื•ืื ื”ื•ื—ื–ืง ื”ืฉื•ืžืจ ื”ืจืืฉื•ืŸ ื›ืคืจืŸ ืื™ื ื• ื™ื›ื•ืœ ืœื”ื—ื–ื™ืจ ื”ืคืงื“ื•ืŸ ืžื™ื“ ื”ืฉื•ืžืจ ื”ืฉื ื™ ืืฃ ืขืœ ืคื™ ืฉืขื“ื™ื™ืŸ ื”ืคืงื“ื•ืŸ ื‘ืื—ืจื™ื•ืชื• ืฉืœ ืจืืฉื•ืŸ:

Sechirut - Chapter 2

1
The three laws that the Torah states with regard to the four watchmen apply only with regard to movable property that is not consecrated and which belongs to a Jew.
This is derived from Exodus 22:6,9, which mentions: "money or articles and any animal." This excludes landed property and slaves, for they are equated with landed property. And it excludes promissory notes, for they themselves are not money.
And consecrated property is excluded, for ibid.:6 states: "When a person will give to his colleague." And this also excludes property owned by gentiles. Accordingly, our Sages stated: An unpaid watchman need not take an oath with regard to claims involving slaves, promissory notes, landed property and consecrated property. Similarly, a paid watchman or a renter need not pay if they are destroyed. If the watchman performed a kinyan confirming his responsibility for such articles, he is responsible for them.
ื
ืฉืœืฉื” ื“ื™ื ื™ืŸ ื”ืืžื•ืจื™ืŸ ื‘ืชื•ืจื” ื‘ืืจื‘ืขื” ื”ืฉื•ืžืจื™ืŸ ืื™ื ืŸ ืืœื ื‘ืžื˜ืœื˜ืœื™ืŸ ืฉืœ ื™ืฉืจืืœ ื•ืฉืœ ื”ื“ื™ื•ื˜ ืฉื ืืžืจ ื›ืกืฃ ืื• ื›ืœื™ื ื•ื›ืœ ื‘ื”ืžื” ื™ืฆืื• ืงืจืงืขื•ืช ื•ื™ืฆืื• ื”ืขื‘ื“ื™ื ืฉื”ื•ืงืฉื• ืœืงืจืงืขื•ืช ื•ื™ืฆืื• ื”ืฉื˜ืจื•ืช ืฉืื™ืŸ ื’ื•ืคืŸ ืžืžื•ืŸ ื•ื™ืฆืื• ื”ืงื“ืฉื•ืช ืฉื ื' ื›ื™ ื™ืชืŸ ืื™ืฉ ืืœ ืจืขื”ื• ื•ื™ืฆืื• ื ื›ืกื™ ืขื›ื•"ื ืžื›ืืŸ ืืžืจื• ื—ื›ืžื™ื ื”ืขื‘ื“ื™ื ื•ื”ืฉื˜ืจื•ืช ื•ื”ืงืจืงืขื•ืช ื•ื”ื”ืงื“ืฉื•ืช ืฉ"ื— ืฉืœื”ืŸ ืื™ื ื• ื ืฉื‘ืข ื•ื ื•ืฉื ืฉื›ืจ ืื• ืฉื•ื›ืจ ืื™ื ื• ืžืฉืœื ื•ืื ืงื ื• ืžื™ื“ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ:
2
Our Sages ordained that the oaths required of watchmen should be taken with regard to consecrated property in the same manner as required by the Torah with regard to other property so that people should not deal lightly with consecrated property.
ื‘
ื•ืชืงื ื• ื—ื›ืžื™ื ืฉื ืฉื‘ืขื™ืŸ ืขืœ ื”ื”ืงื“ืฉื•ืช ืฉื‘ื•ืขืช ื”ืฉื•ืžืจื™ืŸ ื›ืขื™ืŸ ืฉืœ ืชื•ืจื” ื›ื“ื™ ืฉืœื ื™ื–ืœื–ืœื• ื‘ื”ืงื“ืฉื•ืช:
3
It appears to me that a watchman who was negligent with regard to the care of slaves and the like is obligated to make restitution. For he is freed of responsibility with regard to slaves, landed property and promissory notes -only for the obligations stemming from theft, loss, death and the like. For if he was an unpaid watchman for movable property, and it was stolen or lost, he would be required to take an oath; but for slaves, landed property and promissory notes, he is not required to take an oath. Similarly, if he was a paid watchman, he would be required to make restitution for movable property that was stolen or lost, but for these he is freed of liability. If, however, he was negligent, he is required to make restitution. For everyone who is negligent is considered to be one who damages property, and there is no difference between the laws applying to a person who damages landed property and one who damages movable property.
This is a true judgment, as those who understand will see, and this is the appropriate way to rule. Similarly, my teachers issued the following rulings with regard to a person who entrusts his vine to a sharecropper or to a watchman and stipulates that he dig, prune or dust it from his own resources. If the watchman is negligent and does not perform the required task, he is liable as if he destroyed it with his hands. Similarly, he is liable in all instances where he causes a loss through his actions.
ื’
ื™ืจืื” ืœื™ ืฉืื ืคืฉืข ื”ืฉื•ืžืจ ื‘ืขื‘ื“ื™ื ื•ื›ื™ื•ืฆื ื‘ื”ืŸ ื—ื™ื™ื‘ ืœืฉืœื ืฉืื™ื ื• ืคื˜ื•ืจ ื‘ืขื‘ื“ื™ื ื•ืงืจืงืขื•ืช ื•ืฉื˜ืจื•ืช ืืœื ืžื“ื™ืŸ ื’ื ื™ื‘ื” ื•ืื‘ื™ื“ื” ื•ืžืชื” ื•ื›ื™ื•ืฆื ื‘ื”ืŸ ืฉืื ื”ื™ื” ืฉ"ื— ืขืœ ืžื˜ืœื˜ืœื™ืŸ ื•ื ื’ื ื‘ื• ืื• ืื‘ื“ื• ื™ืฉื‘ืข ื•ื‘ืขื‘ื“ื™ื ื•ืงืจืงืขื•ืช ื•ืฉื˜ืจื•ืช ืคื˜ื•ืจ ืžืฉื‘ื•ืขื” ื•ื›ืŸ ืื ื”ื™ื” ืฉื•ืžืจ ืฉื›ืจ ืฉืžืฉืœื ื’ื ื™ื‘ื” ื•ืื‘ื™ื“ื” ื‘ืžื˜ืœื˜ืœื™ืŸ ืคื˜ื•ืจ ืžืœืฉืœื ื‘ืืœื• ืื‘ืœ ืื ืคืฉืข ื‘ื” ื—ื™ื™ื‘ ืœืฉืœื ืฉื›ืœ ื”ืคื•ืฉืข ืžื–ื™ืง ื”ื•ื ื•ืื™ืŸ ื”ืคืจืฉ ื‘ื™ืŸ ื“ื™ืŸ ื”ืžื–ื™ืง ืงืจืงืข ืœื“ื™ืŸ ื”ืžื–ื™ืง ืžื˜ืœื˜ืœื™ืŸ ื•ื“ื™ืŸ ืืžืช ื”ื•ื ื–ื” ืœืžื‘ื™ื ื™ื ื•ื›ืŸ ืจืื•ื™ ืœื“ื•ืŸ ื•ื›ืŸ ื”ื•ืจื• ืจื‘ื•ืชื™ ืฉื”ืžื•ืกืจ ื›ืจืžื• ืœืฉื•ืžืจ ื‘ื™ืŸ ื‘ืืจื™ืกื•ืช ื‘ื™ืŸ ื‘ืฉืžื™ืจื•ืช ื—ื ื ื•ื”ืชื ื” ืขืžื• ืฉื™ื—ืคื•ืจ ืื• ื™ื–ืžื•ืจ ืื• ื™ืื‘ืง ืžืฉืœื• ื•ืคืฉืข ื•ืœื ืขืฉื” ื—ื™ื™ื‘ ื›ืžื™ ืฉื”ืคืกื™ื“ ื‘ื™ื“ื™ื ื•ื›ืŸ ื›ืœ ื›ื™ื•ืฆื ื‘ื–ื” ืฉื”ืคืกื™ื“ ื‘ื™ื“ื™ื ื—ื™ื™ื‘ ืขืœ ื›ืœ ืคื ื™ื:
4
When a person entrusts produce that is growing on land - even grapes that are ready to be harvested - to a colleague to watch, they are considered to be landed property with regard to the laws of watchman.
ื“
ื”ืžื•ืกืจ ืœื—ื‘ื™ืจื• ื“ื‘ืจ ื”ืžื—ื•ื‘ืจ ืœืงืจืงืข ืœืฉืžื•ืจ ืืคื™ืœื• ื”ื™ื• ืขื ื‘ื™ื ื”ืขื•ืžื“ื•ืช ืœื”ื‘ืฆืจ ื”ืจื™ ื”ืŸ ื›ืงืจืงืข ื‘ื“ื™ืŸ ื”ืฉื•ืžืจื™ืŸ:
5
The following principle applies if a person entrusts consecrated property to a watchman and then redeems it, and so it is no longer consecrated at the time the owner takes it from the watchman, or he lends it to a person when it was not consecrated and then consecrates it while it is in the borrower's possession, or a gentile entrusts property and then converts. In all these situations, the laws of watchmen do not apply, unless the article was not consecrated property and belonged to a Jew from the beginning of the time the article was entrusted until the conclusion of that period.
ื”
ื”ืคืงื™ื“ ื”ืงื“ืฉ ื•ืื—"ื› ืคื“ื”ื• ื•ื”ืจื™ ื”ื•ื ื—ื•ืœื™ืŸ ื‘ืขืช ืฉื ื˜ืœื• ืžื™ื“ ื”ืฉื•ืžืจ ืื• ืฉื”ืฉืื™ืœื• ื—ื•ืœื™ืŸ ื•ืื—ืจ ื›ืš ื”ืงื“ื™ืฉ ื•ื”ื•ื ื‘ื™ื“ ื”ืฉื•ืืœ ื•ื›ืŸ ืขื›ื•"ื ืฉื”ืคืงื™ื“ ื•ืื—ืจ ื›ืš ื ืชื’ื™ื™ืจ ื›ืœ ืืœื• ืื™ืŸ ื‘ื”ืŸ ื›ืœ ื“ื™ื ื™ ื”ืฉื•ืžืจื™ืŸ ืขื“ ืฉืชื”ื™ื” ืชื—ืœืชืŸ ื•ืกื•ืคืŸ ื ื›ืกื™ ื”ื“ื™ื•ื˜ ื•ื ื›ืกื™ ื™ืฉืจืืœ:
6
The laws applying to borrowers apply equally to men and to women. This applies if the woman is the owner of the entrusted article, or an article was entrusted to her care.
ื•
ืื—ื“ ื”ืื™ืฉ ื•ืื—ื“ ื”ืืฉื” ื‘ื“ื™ืŸ ื”ืฉื•ืžืจื™ืŸ ื‘ื™ืŸ ืฉื”ื™ื” ื”ื“ื‘ืจ ื”ืฉืžื•ืจ ืฉืœ ืืฉื” ืื• ืฉื”ื™ื” ื‘ื™ื“ ื”ืืฉื”:
7
When a minor entrusts an article to an adult or lends it to him, the adult must take the oaths required of a watchman to the minor. My teachers ruled that the adult is not taking the oath because of the claim of the minor in which instance, the oath would not be required. For an oath is never taken with regard to a claim made by a minor. The rationale is that all the oaths taken by watchmen are taken because of an indefinite claim.
ื–
ืงื˜ืŸ ืฉื”ืคืงื™ื“ ื‘ื™ื“ ื’ื“ื•ืœ ืื• ื”ืฉืื™ืœื• ื”ืจื™ ื–ื” ื”ื’ื“ื•ืœ ื ืฉื‘ืข ืฉื‘ื•ืขืช ื”ืฉื•ืžืจื™ื ืœืงื˜ืŸ ื”ื•ืจื• ืจื‘ื•ืชื™ ืฉืื™ืŸ ื–ื” ื ืฉื‘ืข ื‘ื˜ืขื ืช ื”ืงื˜ืŸ ื›ื“ื™ ืฉื ืืžืจ ืื™ืŸ ื ืฉื‘ืขื™ืŸ ืขืœ ื˜ืขื ืช ืงื˜ืŸ ืฉื›ืœ ื”ืฉื•ืžืจื™ืŸ ืฉื‘ื•ืขืชืŸ ืฉื‘ื•ืขืช ืฉืžื ื”ื™ื:
8
Just as our Sages ordained that a purchaser must finalize his acquisition of an article through meshichah; so, too, they ordained that a watchman's responsibility for an article is established through meshichah.
When a person tells a colleague: "Watch an article for me," and he tells him: "Place it down in front of me," he is an unpaid watchman. If he tells him: "Place it down before yourself," or "Place it down" without saying anything else, or tells him: "My house is before you," he is neither a paid watchman nor is an unpaid watchman, nor is he obligated to take an oath at all. The owner of the article may, however, have a ban of ostracism issued applying to anyone who took his article and did not return it to its owner. Similar principles apply in all analogous situations.
Whenever a person entrusts, lends or rents an article to a colleague, the same laws apply whether or not the transfer was observed by witnesses. When the watchman himself admits that he served as a watchman, or he borrowed the article, he is required to take the oath required of watchmen. We do not employ the principle of miggo to absolve a person of the responsibility for an oath, but only to free him of the responsibility to make restitution.
Even if the article that was borrowed, entrusted or rented was worth only a p'rutah, the watchman is required to take an oath concerning it. None of the watchmen are required to admit to a portion of the plaintiff's claim before being required to take the oath.
ื—
ื›ื“ืจืš ืฉืชืงื ื• ื—ื›ืžื™ื ืžืฉื™ื›ื” ื‘ืœืงื•ื—ื•ืช ื›ืš ืชืงื ื• ืžืฉื™ื›ื” ื‘ืฉื•ืžืจื™ืŸ ื”ืื•ืžืจ ืœื—ื‘ื™ืจื• ืฉืžื•ืจ ืœื™ ื–ื” ื•ืืžืจ ืœื• ื”ื ื— ืœืคื ื™ ื”ืจื™ ื–ื” ืฉ"ื— ืืžืจ ืœื• ื”ื ื— ืœืคื ื™ืš ืื• ื”ื ื— ืกืชื ืื• ืฉืืžืจ ืœื• ื”ืจื™ ื”ื‘ื™ืช ืœืคื ื™ืš ืื™ื ื• ืœื ืฉ"ื— ื•ืœื ืฉื•ืžืจ ืฉื›ืจ ื•ืื™ื ื• ื—ื™ื™ื‘ ืฉื‘ื•ืขื” ื›ืœืœ ืื‘ืœ ืžื—ืจื™ื ืขืœ ืžื™ ืฉืœืงื— ื”ืคืงื“ื•ืŸ ืฉืœื• ื•ืœื ื™ื—ื–ื™ืจื• ืœื‘ืขืœื™ื• ื•ื›ืŸ ื›ืœ ื›ื™ื•ืฆื ื‘ื–ื” ืื—ื“ ื”ืžืคืงื™ื“ ืื• ื”ืžืฉืื™ืœ ืื• ื”ืžืฉื›ื™ืจ ืืช ื—ื‘ื™ืจื• ื‘ืขื“ื™ื ืื• ืฉืœื ื‘ืขื“ื™ื ื“ื™ืŸ ืื—ื“ ื™ืฉ ืœื”ืŸ ื›ื™ื•ืŸ ืฉื”ื•ื“ื” ื–ื” ืžืคื™ ืขืฆืžื• ืฉืฉืžืจ ืœื• ืื• ืฉืฉืืœ ืžืžื ื• ื”ืจื™ ื–ื” ื ืฉื‘ืข ืฉื‘ื•ืขืช ื”ืฉื•ืžืจื™ืŸ ืฉืื™ืŸ ืื•ืžืจื™ื ืžื™ื’ื• ืœืคื•ื˜ืจื• ืžืฉื‘ื•ืขื” ืืœื ืœืคื•ื˜ืจื• ืžืœืฉืœื ืืคื™ืœื• ื”ื™ื” ื”ื“ื‘ืจ ื”ืฉืื•ืœ ืื• ื”ืžื•ืคืงื“ ืื• ื”ืžื•ืฉื›ืจ ืฉื•ื” ืคืจื•ื˜ื” ื”ืจื™ ื–ื” ื”ืฉื•ืžืจ ื ืฉื‘ืข ืขืœื™ื• ื•ืื™ืŸ ืื—ื“ ืžืŸ ื”ืฉื•ืžืจื™ื ืฆืจื™ืš ืœื”ื•ื“ื™ื™ื” ื‘ืžืงืฆืช:
9
An unpaid watchman may make a stipulation to be freed of the responsibility to take an oath, and a borrower may make a stipulation to be freed of the responsibility to make restitution. Similarly, the owner of the entrusted object may make a stipulation that an unpaid watchman, a paid watchman or a borrower will be liable in all situations as a borrower is. This is acceptable, for any stipulation regarding money or an oath that involves money that is agreed upon by both principals is binding. Neither a kinyan to affirm it nor witnesses are required.
ื˜
ืžืชื ื” ืฉื•ืžืจ ื—ื ื ืœื”ื™ื•ืช ืคื˜ื•ืจ ืžืฉื‘ื•ืขื” ื•ื”ืฉื•ืืœ ืœื”ื™ื•ืช ืคื˜ื•ืจ ืžืœืฉืœื ื•ื›ืŸ ืžืชื ื” ื‘ืขืœ ื”ืคืงื“ื•ืŸ ืขืœ ืฉ"ื— ืื• ื ื•ืฉื ืฉื›ืจ ื•ืฉื•ื›ืจ ืœื”ื™ื•ืช ื—ื™ื™ื‘ื™ืŸ ื‘ื›ืœ ื›ืฉื•ืืœ ืฉื›ืœ ืชื ืื™ ื‘ืžืžื•ืŸ ืื• ื‘ืฉื‘ื•ืขื•ืช ืฉืœ ืžืžื•ืŸ ืงื™ื™ื ื•ื"ืฆ ืงื ื™ื™ืŸ ื•ืœื ืขื“ื™ื:
10
When the owner claims that there was a stipulation made requiring the watchman to undertake more responsibility, and the watchman denies that such a stipulation was made, the watchman must take the oath required of a watchman, and on the basis of the principle of gilgul sh'vuah he must includein his oath that there was no stipulation involved.
ื™
ื˜ืขืŸ ื–ื” ืฉื”ื™ื” ืฉื ืชื ืื™ ื•ื”ืฉื•ืžืจ ืื•ืžืจ ืœื ื”ื™ื” ืฉื ืชื ืื™ ื ืฉื‘ืข ื”ืฉื•ืžืจ ืฉื‘ื•ืขืช ื”ืฉื•ืžืจื™ืŸ ื•ืžื’ืœื’ืœ ื‘ื” ืฉืœื ื”ื™ื” ืฉื ืชื ืื™:
11
If the owner of an object claims that he entrusted it to a watchman, and the watchman answers that he said merely: "Place the article down before yourself," and thus never became obligated as a watchman, the defendant is required to take ash'vuat hesseft that this was the manner in which he received the article. He should include in his oath that he did not use it for his own purposes, destroy it with his own hands or cause it to be destroyed in a manner that would obligate him to make restitution.
ื™ื
ื˜ืขืŸ ืฉื”ืคืงื™ื“ ืืฆืœื• ื•ื–ื” ืื•ืžืจ ืœื ืืžืจืชื™ ืืœื ื”ื ื— ืœืคื ื™ืš ื•ืœื ื ืขืฉื™ืชื™ ืœื• ืฉื•ืžืจ ื ืฉื‘ืข ื”ื™ืกืช ืฉืœื ืงื‘ืœื• ืืœื ื‘ื“ืจืš ื–ื• ื•ื›ื•ืœืœ ื‘ืฉื‘ื•ืขืชื• ืฉืœื ืฉืœื— ื‘ื• ื™ื“ ื•ืœื ืื‘ื“ื• ื‘ื™ื“ื™ื ื•ืœื ื‘ื’ืจื ืฉื’ืจื ืœื• ืฉื™ื”ื™ื” ื—ื™ื™ื‘ ืœืฉืœื:
12
If the owner of an object claims: "I lent it to you," "I rented it to you," or "I entrusted it to you," and the defendant responds: "This never took place," or "That is true, but I returned it to you, and my responsibility was concluded. There is no obligation between us at all," the defendant must take a sh'vuat hesset. He is then freed of responsibility.
When does this apply? When the watchman's responsibility is not recorded in a legal document. If, however, a legal document recorded that the article was entrusted, rented or lent, and the watchman claims that he returned the article, he must affirm his statement with an oath taken while holding a sacred article. The rationale for this ruling is that since an unpaid watchman could claim that the article was stolen or lost, and a borrower could claim that it died because he was working with it, his word is accepted when he says he returned it. But just as if he claimed that it was destroyed by forces beyond his control, he would have been required to take a Scriptural oath while holding a sacred article; so, too, when he claims to have returned it, he is required to take an oath resembling a Scriptural oath. The rationale is that the plaintiff has a legal document recording that the article was entrusted.
When does the above apply? When the watchman could have claimed that the article was destroyed by forces beyond his control without having to bring proof of his claim. If, however, he would have to bring proof of his claim, as will be explained, his word is not accepted if he claims that he returned the article. Instead, the plaintiff in possession of the legal document should take an oath while holding a sacred article that the watchman did not return anything to him. The watchman is then required to make restitution.
There is no other instance where a defendant is obligated to take an oath while holding a sacred article because he could have used another argument, except a watchman against whom a legal document serves as evidence. Whenever any other defendant is obligated an opportunity to take an oath, because he could have used another argument, all that is involved is a sh'vuat hesset.
ื™ื‘
ื–ื” ืื•ืžืจ ื”ืฉืืœืชื™ืš ืื• ื”ืฉื›ืจืชื™ืš ืื• ื”ืคืงื“ืชื™ืš ื•ื”ืœื” ืื•ืžืจ ืœื ื”ื™ื• ื“ื‘ืจื™ื ืžืขื•ืœื ืื• ืฉืืžืจ ื›ืŸ ื”ื™ื” ืื‘ืœ ื”ื—ื–ืจืชื™ ืœืš ื•ื ืกืชืœืงื” ื”ืฉืžื™ืจื” ื•ืœื ื ืฉืืจื” ื‘ื™ื ื™ื ื• ืชื‘ื™ืขื” ื”ืจื™ ื”ื ืชื‘ืข ื ืฉื‘ืข ืฉื‘ื•ืขืช ื”ื™ืกืช ื•ื ืคื˜ืจ ื‘ืžื” ื“ื‘ืจื™ื ืืžื•ืจื™ื ื›ืฉืœื ื”ื™ื” ืฉื ืฉื˜ืจ ืื‘ืœ ืื ื”ืคืงื™ื“ ืื• ื”ืฉื›ื™ืจ ืื• ื”ืฉืื™ืœ ื‘ืฉื˜ืจ ื•ืืžืจ ืœื• ื”ื—ื–ืจืชื™ ืœืš ื”ืจื™ ื”ืฉื•ืžืจ ื ืฉื‘ืข ื‘ื ืงื™ื˜ืช ื—ืคืฅ ืžืชื•ืš ืฉื™ื›ื•ืœ ืœื•ืžืจ ืฉ"ื— ืฉื ื’ื ื‘ ืื• ืื‘ื“ ื•ื”ืฉื•ืืœ ืžืชื” ื‘ืฉืขืช ืžืœืื›ื” ื ืืžืŸ ืœื•ืžืจ ื”ื—ื–ืจืชื™ ื•ื›ืฉื ืฉืื ื˜ืขืŸ ืฉื ืื ืก ื ืฉื‘ืข ืžืŸ ื”ืชื•ืจื” ื‘ื ืงื™ื˜ืช ื—ืคืฅ ื›ืš ืื ื˜ืขืŸ ื”ื—ื–ืจืชื™ ื™ืฉื‘ืข ื›ืขื™ืŸ ืฉืœ ืชื•ืจื” ื”ื•ืื™ืœ ื•ื™ืฉ ืฉื ืฉื˜ืจ ื‘ื™ื“ ื”ืชื•ื‘ืข ื‘ื“"ื ื›ืฉื”ื™ื” ื”ืฉื•ืžืจ ื™ื›ื•ืœ ืœื˜ืขื•ืŸ ื•ืœื•ืžืจ ื ืื ืกื• ื•ืœื ื ืฆืจื™ืš ืื•ืชื• ืœื”ื‘ื™ื ืจืื™ื™ื” ืขืœ ื˜ืขื ืชื• ืื‘ืœ ืื ื”ื™ื” ื—ื™ื™ื‘ ืœื”ื‘ื™ื ืจืื™ื™ื” ืขืœ ื˜ืขื ืชื• ื›ืžื• ืฉื™ืชื‘ืืจ ืื™ื ื• ื ืืžืŸ ืœื•ืžืจ ื”ื—ื–ืจืชื™ ืืœื ื™ืฉื‘ืข ื‘ืขืœ ื”ืฉื˜ืจ ื‘ื ืงื™ื˜ืช ื—ืคืฅ ืฉืœื ื”ื—ื–ื™ืจ ืœื• ื•ื™ืฉืœื ืื™ืŸ ืœืš ืžื™ ืฉื ืฉื‘ืข ืžืชื•ืš ืฉื™ื›ื•ืœ ืœื•ืžืจ ื›ืš ื•ื›ืš ื•ื™ืฉื‘ืข ื‘ื ืงื™ื˜ืช ื—ืคืฅ ืืœื ื–ื” ื”ืฉื•ืžืจ ื‘ืœื‘ื“ ืฉื™ืฉ ืขืœื™ื• ืฉื˜ืจ ืื‘ืœ ืฉืืจ ื›ืœ ื”ื ืฉื‘ืขื™ืŸ ื‘ื“ื™ืŸ ืžืชื•ืš ืฉื™ื›ื•ืœ ืœื•ืžืจ ืื™ื ืŸ ื ืฉื‘ืขื™ืŸ ืืœื ื”ื™ืกืช:

Sechirut - Chapter 3

1
The following rules apply when a watchman claims that the entrusted article was destroyed by a major factor over which he had no control - e.g., it was broken or it died. If the loss occurred in a place where witnesses are ordinarily present, we require him to bring proof to support his claim that it was destroyed by factors beyond his control. He is then freed of liability, even for a watchman's oath. If he does not bring proof, he is required to make restitution, as Exodus 22:9-10 states: "If there are none who see, the oath of God will be between the two of them." This impliesthat in a place where it is possible to bring proof, he cannot free himself of responsibility by taking an oath. Either he brings proof or he makes restitution.
If, however, the watchman claims that the article was destroyed in a place where witnesses are not ordinarily present, we do not require him to prove his claim. Instead, he must take an oath that it was destroyed by factors beyond his control, and then he is freed of responsibility. If he brings witnesses who testify that he was not negligent in his care for the article, he is not liable; he is not even required to take an oath.
An incident occurred with regard to a person who was hired to transfer a jug of wine and it broke in the market place of Mechuzah. The matter was brought before the Sages and they said that people are ordinarily present in the market place where the watchman claimed that the jug was broken. Hence they required him to either bring proof that he was not negligent, but instead stumbled and fell or make restitution. Similar principles apply in all analogous situations.
ื
ืฉื•ืžืจ ืฉื˜ืขืŸ ืฉื ืื ืก ืื•ื ืก ื’ื“ื•ืœ ื›ื’ื•ืŸ ืฉื‘ื•ืจื” ื•ืžืชื” ืื ื ืื ืก ื‘ืžืงื•ื ืฉื”ืขื“ื™ื ืžืฆื•ื™ื™ืŸ ืฉื ืžืฆืจื™ื›ื™ืŸ ืื•ืชื• ืจืื™ื™ื” ืขืœ ื˜ืขื ืชื• ืฉื ืื ืก ื•ื™ืคื˜ืจ ืืฃ ืžืฉื‘ื•ืขืช ืฉื•ืžืจื™ื ื•ืื ืœื ื”ื‘ื™ื ืจืื™ื™ื” ื™ืฉืœื ืฉื ืืžืจ ืื™ืŸ ืจื•ืื” ืฉื‘ื•ืขืช ื”' ืชื”ื™ื” ื‘ื™ืŸ ืฉื ื™ื”ื ื”ื ื‘ืžืงื•ื ืฉืืคืฉืจ ืœื”ื‘ื™ื ืจืื™ื™ื” ืื™ืŸ ืฉื ืฉื‘ื•ืขื” ืืœื ืื• ื™ื‘ื™ื ืจืื™ื™ื” ืื• ื™ืฉืœื ืื‘ืœ ืื ื˜ืขืŸ ืฉื ืื ืก ื‘ืžืงื•ื ืฉืื™ืŸ ื”ืขื“ื™ื ืžืฆื•ื™ื™ืŸ ืฉื ืื™ืŸ ืžืฆืจื™ื›ื™ืŸ ืื•ืชื• ืจืื™ื™ื” ืืœื ื™ืฉื‘ืข ืฉื ืื ืก ื•ื™ืคื˜ืจ ื•ืื ื”ื‘ื™ื ืขื“ื™ื ืฉืœื ืคืฉืข ื‘ื” ื ืคื˜ืจ ืืฃ ืžืŸ ื”ืฉื‘ื•ืขื” ืžืขืฉื” ื‘ืื—ื“ ืฉื”ื‘ื™ื ื—ื‘ื™ืช ืฉืœ ื™ื™ืŸ ื‘ืฉื›ืจ ื•ืฉื‘ืจื” ื‘ืฉื•ืง ืฉืœ ืžื—ื•ื–ื ื•ื‘ืื• ืœืคื ื™ ื—ื›ืžื™ื ื•ืืžืจื• ืฉื•ืง ื–ื” ืฉื˜ืขื ืช ืฉื ืฉื‘ืจื” ื‘ื• ื—ื‘ื™ืช ื‘ื ื™ ืื“ื ืžืฆื•ื™ื™ืŸ ืฉื ืื• ืชื‘ื™ื ืจืื™ื™ื” ืฉืœื ืคืฉืขืช ืืœื ื ืชืงืœืช ื•ื ืคืœืช ืื• ืชืฉืœื ื“ืžื™ื” ื•ื›ืŸ ื›ืœ ื›ื™ื•ืฆื ื‘ื–ื”:
2
When a person is hired to transfer a jug from place to place for a wage, and the jug is broken, according to Scriptural Law, he should be required to pay. For this is not a major factor that is beyond the porter's control; breaking an article is equivalent to its being stolen or lost, for which he is liable.
Nevertheless, our Sages ordained that the porter should be liable merely to take an oath that he was not negligent in caring for it. For if he were required to make financial restitution, no person would ever carry a jug for a colleague. Therefore, the Sages ordained that the breaking of a jug is equivalent to the death or the injury of an animal.
With regard to this matter, our Sages also ordained that if two people were carrying a jug with shafts, and it was broken, they should pay half the damages. For since this burden is very great for one person, but light for two people, it can be considered both similar and dissimilar to a loss due to factors beyond one's control. Therefore, if there are witnesses who testify that they were not negligent, they should pay half the damages.
If the jug was broken in a place where witnesses are not ordinarily present, the porters must take an oath that they did not break it through negligence. Afterwards, they are required to pay half the damages. For each one of should not have attempted to transport anything more than a burden that he could transport on his own. From this, one can derive thaht when a person transports a large jug that a porter would not ordinarily transport, he is considered to be negligent. If it breaks in his hands, he must make full restitution.
ื‘
ื”ืžืขื‘ื™ืจ ื—ื‘ื™ืช ืžืžืงื•ื ืœืžืงื•ื ื‘ืฉื›ืจ ื•ื ืฉื‘ืจื” ื“ื™ืŸ ืชื•ืจื” ื”ื•ื ืฉื™ืฉืœื ืฉืื™ืŸ ื–ื” ืื•ื ืก ื’ื“ื•ืœ ื•ื”ืจื™ ื”ืฉื‘ื™ืจื” ื›ื’ื ื™ื‘ื” ื•ืื‘ื™ื“ื” ืฉื”ื•ื ื—ื™ื™ื‘ ื‘ื”ืŸ ืื‘ืœ ืชืงื ื• ื—ื›ืžื™ื ืฉื™ื”ื™ื” ื—ื™ื™ื‘ ืฉื‘ื•ืขื” ืฉืœื ืคืฉืข ื‘ื” ืฉืื ืืชื” ืื•ืžืจ ื™ืฉืœื ืื™ืŸ ืœืš ืื“ื ืฉื™ืขื‘ื™ืจ ื—ื‘ื™ืช ืœื—ื‘ื™ืจื• ืœืคื™ื›ืš ืขืฉื• ื‘ื• ืฉื‘ื™ืจืช ื”ื—ื‘ื™ืช ื›ืžื™ืชืช ื”ื‘ื”ืžื” ื•ืฉื‘ื™ืจืชื” ื•ืขื•ื“ ืชืงื ื• ื‘ื“ื‘ืจ ื–ื” ืฉืื ื ืฉืื• ืื•ืชื” ืฉื ื™ื ื‘ืžื•ื˜ ื•ื ืฉื‘ืจื” ืžืฉืœืžื™ืŸ ื—ืฆื™ ื“ืžื™ื” ื”ื•ืื™ืœ ื•ืžืฉื•ื™ ื–ื” ื’ื“ื•ืœ ืœื’ื‘ื™ ืื—ื“ ื•ืงืœ ืœื’ื‘ื™ ืฉื ื™ื ื”ืจื™ ื”ื•ื ื›ืื•ื ืก ื•ืื™ื ื• ืื•ื ืก ื•ืžืฉืœืžื™ืŸ ืžื—ืฆื” ืื ื™ืฉ ืขื“ื™ื ืฉืœื ืคืฉืขื• ื‘ื” ื ืฉื‘ืจื” ื‘ืžืงื•ื ืฉืื™ืŸ ื”ืขื“ื™ื ืžืฆื•ื™ื™ืŸ ื ืฉื‘ืขื™ืŸ ืฉืœื ืฉื‘ืจื•ื” ื‘ืคืฉื™ืขื” ื•ืžืฉืœืžื™ืŸ ื—ืฆื™ ื“ืžื™ื” ืฉื”ืจื™ ืœื ื”ื™ื” ืœื›ืœ ืื—ื“ ืœื”ืขื‘ื™ืจ ืืœื ืžืฉื•ื™ ืฉื™ื›ื•ืœ ืœื”ืขื‘ื™ืจื• ื‘ืคื ื™ ืขืฆืžื• ืžื›ืืŸ ืืชื” ืœืžื“ ืฉื”ืื—ื“ ืฉื”ืขื‘ื™ืจ ื—ื‘ื™ืช ื’ื“ื•ืœื” ืฉืื™ืŸ ื“ืจืš ื›ืœ ื”ืกื‘ืœื™ื ืœื”ืขื‘ื™ืจื” ืฉื”ื•ื ืคื•ืฉืข ื•ืื ื ืฉื‘ืจื” ื‘ื™ื“ื• ืžืฉืœื ื”ื›ืœ:
3
The following rules apply when a porter breaks a jug of wine belonging to a merchant and was obligated to make restitution, and the jug was worth four zuzim on a market day, and three zuzim on other days. If he makes restitution on a market day, he must give him either a jug of wine or four zuzim This applies if the merchant does not possess other wine to sell on the market day. If the merchant possesses other wine, the porter is required to pay only three. If the porter makes restitution on another day, he is required to return only three.
Whenever the porter makes restitution, a deduction is made for the effort the merchant would have to undertake in selling the jug, the damage the hole causes in the jug, and other similar matters.
ื’
ื”ืกื‘ืœ ืฉืฉื‘ืจ ื—ื‘ื™ืช ืฉืœ ื™ื™ืŸ ืœื—ื ื•ื•ื ื™ ื•ื ืชื—ื™ื™ื‘ ืœืฉืœื ื•ื”ืจื™ ื”ื™ื ืฉื•ื” ื‘ื™ื•ื ื”ืฉื•ืง ืืจื‘ืขื” ื•ื‘ืฉืืจ ื”ื™ืžื™ื ืฉืœืฉื” ืื ื”ื—ื–ื™ืจื• ื‘ื™ื•ื ื”ืฉื•ืง ื—ื™ื™ื‘ื™ืŸ ืœื”ื—ื–ื™ืจ ื—ื‘ื™ืช ืฉืœ ื™ื™ืŸ ืื• ื™ืฉืœืžื• ืœื• ืืจื‘ืขื” ื•ื”ื•ื ืฉืœื ื”ื™ื” ืœื• ื™ื™ืŸ ืœืžื›ื•ืจ ื‘ื™ื•ื ื”ืฉื•ืง ืื‘ืœ ืื ื”ื™ื” ืœื• ื™ื™ืŸ ืžื—ื–ื™ืจื™ืŸ ืœื• ืฉืœืฉื” ื”ื—ื–ื™ืจื• ืœื• ื‘ืฉืืจ ื”ื™ืžื™ื ืžื—ื–ื™ืจื™ืŸ ืœื• ืฉืœืฉื” ื•ืžื ื›ื™ืŸ ืœื• ื‘ื›ืœ ื–ืžืŸ ื˜ื•ืจื— ืฉื”ื™ื” ื˜ื•ืจื— ื‘ืžื›ื™ืจืชื” ื•ืคื’ื ื”ื ืงื‘ ืฉื”ื™ื” ื ื•ืงื‘ ื”ื—ื‘ื™ืช ื•ื›ืŸ ื›ืœ ื›ื™ื•ืฆื ื‘ื–ื”:
4
The following rules apply when wolves come and attack herds being watched by a shepherd and seize some of them. If there is only one wolf, it is not considered to be a loss due to factors beyond his control. This applies even when there is an outbreak of wolves. If there are two wolves, it is considered to be a loss beyond his control." Two dogs are not considered to be a loss beyond his control, even if they come from two directions. If there are more than two, it is considered to be a loss beyond his control.
Armed thieves are considered to be a loss beyond his control. This applies even if the shepherd was armed and only one armed thief opposed him; it is considered to be a loss beyond his control. For a shepherd will not risk his life as a thief will.
A lion, a bear, a leopard, a cheetah or a snake are considered to be losses beyond his control.
When does this apply? When they come on their own initiative. If, however, the shepherd brings his herd to a place of wild beasts or thieves, losses incurred because of them are not considered to be losses beyond his control, and the shepherd is liable to make restitution.
ื“
ืจื•ืขื” ืฉื‘ืื• ื–ืื‘ื™ื ื•ื˜ืจืคื• ืžืžื ื• ืื ื”ื™ื” ื–ืื‘ ืื—ื“ ืื™ืŸ ื–ื” ืื•ื ืก ืืคื™ืœื• ื‘ืฉืขืช ืžืฉืœื—ืช ื–ืื‘ื™ื ื•ืื ื”ื™ื• ืฉื ื™ ื–ืื‘ื™ื ื”"ื– ืื•ื ืก ืฉื ื™ ื›ืœื‘ื™ื ืื™ื ืŸ ืื•ื ืก ืืคื™ืœื• ื‘ืื• ืžืฉืชื™ ืจื•ื—ื•ืช ื”ื™ื• ื™ืชืจ ืขืœ ืฉื ื™ื ื”"ื– ืื•ื ืก ืœื™ืกื˜ื™ื ืžื–ื•ื™ื™ืŸ ื”ืจื™ ื”ื•ื ืื•ื ืก ื•ืืคื™ืœื• ื”ื™ื” ื”ืจื•ืขื” ืžื–ื•ื™ื™ืŸ ื•ื‘ื ืœื• ืœื™ืกื˜ื™ื ืื—ืจ ืžื–ื•ื™ื™ืŸ ื”ืจื™ ื–ื” ืื•ื ืก ืฉืื™ืŸ ื”ืจื•ืขื” ืžื•ืกืจ ื ืคืฉื• ื›ืœื™ืกื˜ื™ื ื”ืืจื™ ื•ื”ื“ื•ื‘ ื•ื”ื ืžืจ ื•ื”ื‘ืจื“ืœืก ื•ื”ื ื—ืฉ ื”ืจื™ ืืœื• ืื•ื ืกื™ืŸ ืื™ืžืชื™ ื‘ื–ืžืŸ ืฉื‘ืื• ืžืืœื™ื”ืŸ ืื‘ืœ ืื ื”ื•ืœื™ื›ื ืœืžืงื•ื ื’ื“ื•ื“ื™ ื—ื™ื•ืช ื•ืœื™ืกื˜ื™ื ืื™ืŸ ืืœื• ืื•ื ืกื™ืŸ ื•ื—ื™ื™ื‘ ืœืฉืœื:
5
When a shepherd encounters a thief and begins to boast to him, trying to show him that he is not concerned with him, saying: "We are in this and this place. We have these and these many shepherds, and these and these types of weapons," and the thief comes and overcomes him and seizes the animals, the shepherd is liable. For there is no difference between bringing the animal(s) to a place of beasts and thieves, or boasting and thus bringing the thieves to the place of the animal(s).
ื”
ืจื•ืขื” ืฉืžืฆื ื’ื ื‘ ื•ื”ืชื—ื™ืœ ืœื”ืชื’ืจื•ืช ื‘ื• ื•ืœื”ืจืื•ืชื• ืฉืื™ื ื• ื—ื•ืฉืฉ ืžืžื ื• ื•ืืžืจ ืœื• ื”ืจื™ ืื ื• ื‘ืžืงื•ื ืคืœื•ื ื™ ื•ื›ืš ื•ื›ืš ืจื•ืขื™ื ืื ื—ื ื• ื•ื›ืš ื•ื›ืš ื›ืœื™ ืžืœื—ืžื” ื™ืฉ ืœื ื• ื•ื‘ื ืื•ืชื• ื”ืœื™ืกื˜ื™ื ื•ื ืฆื—ื• ื•ืœืงื— ืžื”ืŸ ื”ืจื™ ื”ืจื•ืขื” ื—ื™ื™ื‘ ืฉืื—ื“ ื”ืžื•ืœื™ืš ืืช ื”ื‘ื”ืžื” ืœืžืงื•ื ื’ื“ื•ื“ื™ ื—ื™ื•ืช ื•ืœื™ืกื˜ื™ื ืื• ืžื‘ื™ื ืืช ื”ืœื™ืกื˜ื™ื ื‘ื”ืชื’ืจื•ืชื• ืœืžืงื•ื ื”ื‘ื”ืžื”:
6
If a shepherd had the opportunity of saving an animal that was preyed upon or taken captive by calling to other shepherds or bringing staves, and he did not call to other shepherds or bring staves to save the animal, he is liable. This applies to both an unpaid watchman and a paid watchman. The difference is that an unpaid watchman should call to other watchman and bring staves without charge. If he cannot find any available for free, he is not liable. A paid watchman, by contrast, is obligated to hire other shepherds and staves until the value of the animal(s) in order to save them. Afterwards, he should collect their hire from the owner. If he does not do so and had the opportunity to hire others and did not avail himself of it, he is considered to be negligent and is liable to make restitution.
ื•
ืจื•ืขื” ืฉื”ื™ื” ืœื• ืœื”ืฆื™ืœ ื”ื˜ืจื™ืคื” ืื• ื”ืฉื‘ื•ื™ื” ื‘ืจื•ืขื™ื ืื—ืจื™ื ื•ื‘ืžืงืœื•ืช ื•ืœื ืงืจื ืจื•ืขื™ื ืื—ืจื™ื ื•ืœื ื”ื‘ื™ื ืžืงืœื•ืช ืœื”ืฆื™ืœ ื”ืจื™ ื–ื” ื—ื™ื™ื‘ ืื—ื“ ืฉ"ื— ื•ืื—ื“ ืฉ"ืฉ ืืœื ืฉืฉ"ื— ืงื•ืจื ืจื•ืขื™ื ื•ืžื‘ื™ื ืžืงืœื•ืช ื‘ื—ื ื ื•ืื ืœื ืžืฆื ืคื˜ื•ืจ ืื‘ืœ ืฉ"ืฉ ื—ื™ื™ื‘ ืœืฉื•ื›ืจ ื”ืจื•ืขื™ื ื•ื”ืžืงืœื•ืช ืขื“ ื›ื“ื™ ื“ืžื™ ื”ื‘ื”ืžื” ื›ื“ื™ ืœื”ืฆื™ืœ ื•ื—ื•ื–ืจ ื•ืœื•ืงื— ืฉื›ืจืŸ ืžื‘ืขืœ ื”ื‘ื™ืช ื•ืื ืœื ืขืฉื” ื›ืŸ ื•ื”ื™ื” ืœื• ืœืฉื›ื•ืจ ื•ืœื ืฉื›ืจ ื”"ื– ืคื•ืฉืข ื•ื—ื™ื™ื‘:
7
When a shepherd claims that he hired other shepherds to save a herd from danger, he is required to take an oath. He may then collect the amount that he claims. The rationale is that he cannot claim more than the value of the herd and he could have claimed that the herd was preyed upon. He is required to take an oath while holding a sacred object, as required of all those who take oaths and expropriate property.
ื–
ืจื•ืขื” ืฉื˜ืขืŸ ืฉื”ืฆืœืชื™ ืขืœ ื™ื“ื™ ืจื•ืขื™ื ื‘ืฉื›ืจ ื ืฉื‘ืข ื•ื ื•ื˜ืœ ืžื” ืฉื˜ืขืŸ ืฉืื™ื ื• ื™ื›ื•ืœ ืœื˜ืขื•ืŸ ืืœื ืขื“ ื›ื“ื™ ื“ืžื™ื”ืŸ ื•ื™ื›ื•ืœ ื”ื™ื” ืœื•ืžืจ ื ื˜ืจืคื” ื•ื™ืฉื‘ืข ื‘ื ืงื™ื˜ืช ื—ืคืฅ ื›ื“ื™ืŸ ื›ืœ ื”ื ืฉื‘ืขื™ืŸ ื•ื ื•ื˜ืœื™ืŸ:
8
The following laws apply when a shepherd abandoned his herd and came to the city - whether at the time the shepherds usually come to the city or at a time when this is not their practice - and wolves came and preyed upon the herd, or lions came and attacked them. We do not postulate that if he had been there, he definitely could have saved the animals. Instead, we assess the situation. If he could have saved them - even by hiring other shepherds and staves - he is liable. If not, he is not liable. If it is impossible to make such an assessment, he is liable.
ื—
ืจื•ืขื” ืฉื”ื ื™ื— ืขื“ืจื• ื•ื‘ื ืœืขื™ืจ ื‘ื™ืŸ ื‘ืขืช ืฉื“ืจืš ื”ืจื•ืขื™ื ืœื”ื›ื ืก ื•ื‘ื™ืŸ ื‘ืขืช ืฉืื™ืŸ ื“ืจืš ื”ืจื•ืขื™ื ืœื”ื›ื ืก ื•ื‘ืื• ื–ืื‘ื™ื ื•ื˜ืจืคื• ืืจื™ ื•ื“ืจืก ืื™ืŸ ืื•ืžืจื™ื ืื™ืœื• ื”ื™ื” ืฉื ื”ื™ื” ืžืฆื™ืœ ืืœื ืื•ืžื“ื™ืŸ ืื•ืชื• ืื ื™ื›ื•ืœ ืœื”ืฆื™ืœ ืขืœ ื™ื“ื™ ืจื•ืขื™ื ื•ืžืงืœื•ืช ื—ื™ื™ื‘ ื•ืื ืœืื• ืคื˜ื•ืจ ื•ืื ืื™ืŸ ื”ื“ื‘ืจ ื™ื“ื•ืข ื—ื™ื™ื‘ ืœืฉืœื:
9
If an animal dies in an ordinary manner, this is considered to be a loss beyond the shepherd's control, and he is not liable. If he oppressed it and it died, it is not considered a loss beyond his control. If it overcame the shepherd and ascended to a high cliff, and it overcame him and fell, it is considered to be a loss beyond his control. If he led it up a steep cliff or it ascended on its own accord, but he could have prevented it from doing so and failed to do so, even though it overcame him and fell and died or was injured, he is liable. For whenever there is negligence at the outset, but ultimately the actual loss happens because of factors beyond the watchman's control, he is liable.
Similarly, when a shepherd leads animals across a bridge, and one pushes another and it falls into the current of the river, the shepherd is liable. The rationale is that he should have brought them over one by one. Indeed, the reason a shepherd receives a wage is to watch the animals in a effective manner. Since he was negligent at the outset, by causing them to cross together, even though when the animal fell, the loss was beyond his control, he is liable.
ื˜
ืžืชื” ื”ื‘ื”ืžื” ื›ื“ืจื›ื” ื”"ื– ืื•ื ืก ื•ื”ืจื•ืขื” ืคื˜ื•ืจ ืกื’ืคื” ื•ืžืชื” ืื™ื ื• ืื•ื ืก ืชืงืคืชื• ื•ืขืœืชื” ืœืจืืฉื™ ืฆื•ืงื™ืŸ ื•ืชืงืคืชื• ื•ื ืคืœื” ื”ืจื™ ื–ื” ืื•ื ืก ื”ืขืœื” ืœืจืืฉื™ ืฆื•ืงื™ืŸ ืื• ืฉืขืœืชื” ืžืืœื™ื” ื•ื”ื•ื ื™ื›ื•ืœ ืœืžื ืขื” ื•ืœื ืžื ืขื” ืืฃ ืขืœ ืคื™ ืฉืชืงืคืชื• ื•ื ืคืœื” ื•ืžืชื” ืื• ื ืฉื‘ืจื” ื—ื™ื™ื‘ ืฉื›ืœ ืฉืชื—ืœืชื• ื‘ืคืฉื™ืขื” ื•ืกื•ืคื• ื‘ืื•ื ืก ื—ื™ื™ื‘ ื•ื›ืŸ ืจื•ืขื” ืฉื”ืขื‘ื™ืจ ื”ื‘ื”ืžื•ืช ืขืœ ื”ื’ืฉืจ ื•ื“ื—ืคื” ืื—ืช ืžื”ืŸ ืœื—ื‘ื™ืจืชื” ื•ื ืคืœื” ืœืฉื‘ื•ืœืช ื”ื ื”ืจ ื”"ื– ื—ื™ื™ื‘ ืฉื”ื™ื” ืœื• ืœื”ืขื‘ื™ืจืŸ ืื—ืช ืื—ืช ืฉืื™ืŸ ื”ืฉื•ืžืจ ื ื•ื˜ืœ ืฉื›ืจ ืืœื ืœืฉืžื•ืจ ืฉืžื™ืจื” ืžืขื•ืœื” ื•ื”ื•ืื™ืœ ื•ืคืฉืข ื‘ืชื—ืœื” ื•ื”ืขื‘ื™ืจืŸ ื›ืื—ื“ ืืข"ืค ืฉื ืื ืก ื‘ืกื•ืฃ ื‘ืขืช ื”ื ืคื™ืœื” ื”ืจื™ ื”ื•ื ื—ื™ื™ื‘:
10
If the shepherd was negligent and the animal went out to a swamp and died in an ordinary manner, he is not liable. For the animal's going there did not cause it to be lost due to forces beyond the shepherd's control. Since it died in an ordinary manner, what difference is it whether it diedin the watchman's house or in the swamp?
If, by contrast, a thief stole it from the swamp, and it died in an ordinary manner in the thief's house, the watchman is liable, even if he is an unpaid watchman. For even if it had not died, it would have been lost to its owner in the possession of the thief, and its going out to the swamp allowed it to be stolen. Similar laws apply in all analogous situations.
ื™
ืคืฉืข ื‘ื” ื•ื™ืฆืื” ืœืื’ื ื•ืžืชื” ืฉื ื›ื“ืจื›ื” ืคื˜ื•ืจ ืฉืื™ืŸ ื™ืฆื™ืืชื” ื’ืจืžื” ืœื” ืฉืชื‘ื•ื ืœื™ื“ื™ ืื•ื ืก ื–ื” ื”ื•ืื™ืœ ื•ื›ื“ืจื›ื” ืžืชื” ืžื” ืœื™ ื‘ื‘ื™ืช ืฉื•ืžืจ ืžื” ืœื™ ื‘ืื’ื ืื‘ืœ ืื ื’ื ื‘ื” ื’ื ื‘ ืžื”ืื’ื ื•ืžืชื” ื›ื“ืจื›ื” ื‘ื‘ื™ืช ื”ื’ื ื‘ ื”ืจื™ ื”ืฉื•ืžืจ ื—ื™ื™ื‘ ืืฃ ืขืœ ืคื™ ืฉื”ื•ื ืฉ"ื— ืฉืืคื™ืœื• ืœื ืžืชื” ื”ืจื™ ื”ื™ื ืื‘ื“ื” ื‘ื™ื“ ื”ื’ื ื‘ ื•ื™ืฆื™ืืชื” ื’ืจืžื” ืœื” ืœื”ื’ื ื‘ ื•ื›ืŸ ื›ืœ ื›ื™ื•ืฆื ื‘ื–ื”:
• Hayom Yom: Today's Hayom Yom
• Thursday, 28 AV , 5776 · 1 September 2016
• "Today's Day"
• 
Sunday, Menachem Av 28, 5703
Torah lessons: Chumash: Shoftim, first parsha with Rashi.
Tehillim: 135-139.
Tanya: IX. My beloved, (p. 435) ...for the initiated. (p. 437).
There are two general approaches in healing a bodily illness: a) To heal the particular organ or faculty that is defective, sick or weak; b) to strengthen the healthy organs and faculties so that they may overcome and heal the sick organ or faculty.
The parallel in illnesses of the soul are the two approaches in service of G-d - teshuva and good deeds.
• Daily Thought:
Healthy Space
So obsessed with his own self and his own space, he fits each person into a rigid box to suit his egocentric world. Those who fit are friends. Those who don’t get called all sorts of names.
Healthy human space flows and mixes. It makes room for a thousand others.[Maamar Heichaltzu 5659. (The Rebbe pleaded that we study this maamar about overcoming causeless hatred, and stood for hours handing it out to all present.)]
-------