Sunday, October 2, 2016

CHABAD - TODAY IN JUDAISM: Monday, 3 October 2016 - Today is: Monday, 1Tishrei, 5777 · 3 October 2016 - Rosh Hashanah Day 1 Halachic Times (Zmanim) Candle Lighting Light Holiday Candles after nightfall ––:––.

CHABAD - TODAY IN JUDAISM: Monday, 3 October 2016 - Today is: Monday, 1 Tishrei, 5777 · 3 October 2016 - Rosh Hashanah Day 1 Halachic Times (Zmanim) Candle Lighting Light Holiday Candles after nightfall ––:––.
Torah Reading
Rosh Hashanah 1: Genesis 21:1 Adonai remembered Sarah as he had said, and Adonai did for Sarah what he had promised. 2 Sarah conceived and bore Avraham a son in his old age, at the very time God had said to him. 3 Avraham called his son, born to him, whom Sarah bore to him, Yitz’chak. 4 Avraham circumcised his son Yitz’chak when he was eight days old, as God had ordered him to do.
(v) 5 Avraham was one hundred years old when his son Yitz’chak [laughter] was born to him. 6 Sarah said, “God has given me good reason to laugh; now everyone who hears about it will laugh with me.” 7 And she said, “Who would have said to Avraham that Sarah would nurse children? Nevertheless, I have borne him a son in his old age!”
8 The child grew and was weaned, and Avraham gave a great banquet on the day that Yitz’chak was weaned. 9 But Sarah saw the son of Hagar the Egyptian, whom Hagar had borne to Avraham, making fun of Yitz’chak; 10 so Sarah said to Avraham, “Throw this slave-girl out! And her son! I will not have this slave-girl’s son as your heir along with my son Yitz’chak!”
11 Avraham became very distressed over this matter of his son. 12 But God said to Avraham, “Don’t be distressed because of the boy and your slave-girl. Listen to everything Sarah says to you, because it is your descendants through Yitz’chak who will be counted. 13 But I will also make a nation from the son of the slave-girl, since he is descended from you.”
14 Avraham got up early in the morning, took bread and a skin of water and gave it to Hagar, putting it on her shoulder, and the child; then he sent her away. After leaving, she wandered in the desert around Be’er-Sheva. 15 When the water in the skin was gone, she left the child under a bush, 16 and went and sat down, looking the other way, about a bow-shot’s distance from him; because she said, “I can’t bear to watch my child die.” So she sat there, looking the other way, crying out and weeping. 17 God heard the boy’s voice, and the angel of God called to Hagar from heaven and said to her, “What’s wrong with you, Hagar? Don’t be afraid, because God has heard the voice of the boy in his present situation. 18 Get up, lift the boy up, and hold him tightly in your hand, because I am going to make him a great nation.” 19 Then God opened her eyes, and she saw a well of water. So she went, filled the skin with water and gave the boy water to drink.
20 God was with the boy, and he grew. He lived in the desert and became an archer. 21 He lived in the Pa’ran Desert, and his mother chose a wife for him from the land of Egypt.
(vi) 22 At that time Avimelekh and Pikhol the commander of his army spoke to Avraham. They said, “God is with you in everything you do. 23 Therefore, swear to me here by God that you will never deal falsely with me or with my son or grandson; but according to the kindness with which I have treated you, you will treat me and the land in which you have lived as a foreigner. 24 Avraham said, “I swear it.”
25 Now Avraham had complained to Avimelekh about a well which Avimelekh’s servants had seized. 26 Avimelekh answered, “I don’t know who has done this. You didn’t tell me, and I heard about it only today.” 27 Avraham took sheep and cattle and gave them to Avimelekh, and the two of them made a covenant. 28 Avraham put seven female lambs from the flock by themselves. 29 Avimelekh asked Avraham, “What is the meaning of these seven female lambs you have put by themselves?” 30 He answered, “You are to accept these seven female lambs from me as witness that I dug this well.” 31 This is why that place was called Be’er-Sheva [well of seven, well of an oath] — because they both swore an oath there. 32 When they made the covenant at Be’er-Sheva, Avimelekh departed with Pikhol the commander of his army and returned to the land of the P’lishtim. 33 Avraham planted a tamarisk tree in Be’er-Sheva, and there he called on the name of Adonai, the everlasting God. 34 Avraham lived for a long time as a foreigner in the land of the P’lishtim.
Rosh Hashanah 1: Numbers 29:1 “‘In the seventh month, on the first day of the month, you are to have a holy convocation; do not do any kind of ordinary work; it is a day of blowing the shofar for you. 2 Prepare a burnt offering to make a fragrant aroma for Adonai — one young bull, one ram and seven male lambs in their first year and without defect — 3 with their grain offering, consisting of fine flour mixed with olive oil — six quarts for the bull, four quarts for the ram, 4 and two quarts for each of the seven lambs — 5 also one male goat as a sin offering to make atonement for you. 6 This is to be in addition to the burnt offering for Rosh-Hodesh with its grain offering, the regular burnt offering with its grain offering, and their drink offerings, according to the rule for them; this will be a fragrant aroma, an offering made by fire to Adonai.
Rosh Hashanah 1: Samuel 1:1 There was a man from Ramatayim-Tzofim, in the hills of Efrayim, whose name was Elkanah the son of Yerocham, the son of Elihu, the son of Tochu, the son of Tzuf, from Efrat. 2 He had two wives, one named Hannah and the other P’ninah. P’ninah had children, but Hannah had no children. 3 This man went up from his city every year to worship and sacrifice to Adonai-Tzva’ot in Shiloh. The two sons of ‘Eli, Hofni and Pinchas, were cohanim of Adonai there.
4 One day, when Elkanah was sacrificing, he gave a portion of the sacrifice to his wife P’ninah and portions to each of her sons and daughters; 5 but to Hannah he gave a double portion, because he loved Hannah, even though Adonai had kept her from having children. 6 Her rival taunted her and made her feel bad, because Adonai had kept her from having children. 7 He did the same every year; and each time she went up to the house of Adonai, she taunted her so much that she would cry and not eat. 8 Her husband Elkanah said to her, “Hannah, why are you crying, and why aren’t you eating? Why be so sad? Am I not better to you than ten sons?” 9 So Hannah got up after they had finished eating and drinking in Shiloh. ‘Eli the cohen was sitting on his seat by the doorpost of the temple of Adonai. 10 In deep depression she prayed to Adonai and cried. 11 Then she took a vow; she said, “Adonai-Tzva’ot, if you will notice how humiliated your servant is, if you will remember me and not forget your servant but will give your servant a male child, then I will give him to Adonai for as long as he lives; and no razor will ever come on his head.” 12 She prayed for a long time before Adonai; and as she did so, ‘Eli was watching her mouth. 13 Hannah was speaking in her heart — her lips moved, but her voice could not be heard — so ‘Eli thought she was drunk. 14 ‘Eli said to her, “How long are you going to stay drunk? Stop drinking your wine!” 15 But Hannah answered, “No, my lord, I am a very unhappy woman. I have not drunk either wine or other strong liquor; rather, I’ve been pouring out my soul before Adonai. 16 Don’t think of your servant as a worthless woman; because I have been speaking from the depth of my distress and anger.” 17 Then ‘Eli replied, “Go in peace. May the God of Isra’el grant what you have asked of him.” 18 She replied, “May your servant find favor in your sight.” So the woman went on her way, and she ate, and her face was no longer sad. 19 They got up early in the morning and worshipped before Adonai, then returned and came to their house in Ramah.
Elkanah had sexual relations with Hannah his wife, and Adonai remembered her. 20 She conceived; and in due time she gave birth to a son, whom she named Sh’mu’el, “because I asked Adonai for him.”
21 The husband, Elkanah, went up with all his household to offer the yearly sacrifice to Adonai and fulfill his vow. 22 But Hannah did not go up, explaining to her husband, “Not till the child has been weaned. Then I will bring him, so that he can appear before Adonai and live there forever.” 23 Her husband Elkanah answered her, “Do what seems good to you; stay here until you have weaned him. Only may Adonai bring about what he said.” So the woman stayed behind and nursed the child, until she weaned him. 24 After weaning him, she took him up with her, along with three young bulls, a bushel of flour and a skin of wine, and brought him to the house of Adonai in Shiloh, even though he was just a child. 25 After the bull had been slaughtered, the child was brought to ‘Eli; 26 and she said, “My lord, as sure as you live, my lord, I am the woman who stood here near you, praying to Adonai. 27 I prayed for this child, and Adonai has granted the request I asked of him. 28 Therefore, I too have loaned him to Adonai — as long as he lives, he is on loan to Adonai.” And he prostrated himself there before Adonai.
2:1 Then Hannah prayed; she said:
“My heart exults in Adonai!
My dignity has been restored by Adonai!
I can gloat over my enemies,
because of my joy at your saving me.
2 “No one is as holy as Adonai,
because there is none to compare with you,
no rock like our God.
3 “Stop your proud boasting!
Don’t let arrogance come from your mouth!
For Adonai is a God of knowledge,
and he appraises actions.
4 The bows of the mighty are broken,
while the feeble are armed with strength.
5 The well-fed hire themselves for bread,
while those who were hungry hunger no more.
The barren woman has borne seven,
while the mother of many wastes away.
6 “Adonai kills and makes alive;
he brings down to the grave, and he brings up.
7 Adonai makes poor, and he makes rich;
he humbles, and he exalts.
8 He raises the poor from the dust,
lifts up the needy from the trash pile;
he gives them a place with leaders
and assigns them seats of honor.
“For the earth’s pillars belong to Adonai;
on them he has placed the world.
9 He will guard the steps of his faithful,
but the wicked will be silenced in darkness.
For it is not by strength that a person prevails —
10 those who fight Adonai will be shattered;
he will thunder against them in heaven —
Adonai will judge the ends of the earth.
He will strengthen his king
and enhance the power of his anointed.”
Today's Laws and Customs:
• "Good Year"
On the first night of Rosh Hashanah, we extend to one another greetings of Leshana Tovah Tekatev Vitechatem, "May you be inscribed and sealed for a good year."
• Apple & Honey
In the evening meal, we eat apple dipped in honey, the head of a fish, pomogranates , tzimmes(sweet carrots) and other foods signifying a sweet and successful year
• Shofar
In the course of the morning and musaf service, the shofar (ram's horn) is sounded one hundred times, in various combinations of tekiah (a long blast), shevarim (a trio of broken sobs) and teruah (a staccato of short notes), in fulfillment of the primary mitzvah of Rosh Hashanah. The shofar serves to trumpet our coronation of G-d as King of the Universe, as a call to repentance, and to evoke the memory of the Binding ofIsaac.
Link: The Cry of the Shofar: Two Parables
• Tashlich
In the afternoon, the Tashlich prayer service, in which we ask G-d to "cast away our sins in the depths of the sea", is recited at a body of water (sea, river, lake, pond, etc.) containing fish.
• Torah Reading
Genesis 21:
1 Adonai remembered Sarah as he had said, and Adonai did for Sarah what he had promised. 2 Sarah conceived and bore Avraham a son in his old age, at the very time God had said to him. 3 Avraham called his son, born to him, whom Sarah bore to him, Yitz’chak. 4 Avraham circumcised his son Yitz’chak when he was eight days old, as God had ordered him to do.

(v) 5 Avraham was one hundred years old when his son Yitz’chak [laughter] was born to him. 6 Sarah said, “God has given me good reason to laugh; now everyone who hears about it will laugh with me.” 7 And she said, “Who would have said to Avraham that Sarah would nurse children? Nevertheless, I have borne him a son in his old age!”
8 The child grew and was weaned, and Avraham gave a great banquet on the day that Yitz’chak was weaned. 9 But Sarah saw the son of Hagar the Egyptian, whom Hagar had borne to Avraham, making fun of Yitz’chak; 10 so Sarah said to Avraham, “Throw this slave-girl out! And her son! I will not have this slave-girl’s son as your heir along with my son Yitz’chak!”
11 Avraham became very distressed over this matter of his son. 12 But God said to Avraham, “Don’t be distressed because of the boy and your slave-girl. Listen to everything Sarah says to you, because it is your descendants through Yitz’chak who will be counted. 13 But I will also make a nation from the son of the slave-girl, since he is descended from you.”
14 Avraham got up early in the morning, took bread and a skin of water and gave it to Hagar, putting it on her shoulder, and the child; then he sent her away. After leaving, she wandered in the desert around Be’er-Sheva. 15 When the water in the skin was gone, she left the child under a bush, 16 and went and sat down, looking the other way, about a bow-shot’s distance from him; because she said, “I can’t bear to watch my child die.” So she sat there, looking the other way, crying out and weeping. 17 God heard the boy’s voice, and the angel of God called to Hagar from heaven and said to her, “What’s wrong with you, Hagar? Don’t be afraid, because God has heard the voice of the boy in his present situation. 18 Get up, lift the boy up, and hold him tightly in your hand, because I am going to make him a great nation.” 19 Then God opened her eyes, and she saw a well of water. So she went, filled the skin with water and gave the boy water to drink.
20 God was with the boy, and he grew. He lived in the desert and became an archer. 21 He lived in the Pa’ran Desert, and his mother chose a wife for him from the land of Egypt.
(vi) 22 At that time Avimelekh and Pikhol the commander of his army spoke to Avraham. They said, “God is with you in everything you do.
• Links
More on Rosh Hashanah
• Ten Days of Repentance
The 10-day period beginning on Rosh Hashahnah and ending on Yom Kippur is known as the "Ten Days of Repentance"; this is the period, say the sages, of which the prophet speaks when he proclaims (Isaiah 55:6) "Seek G-d when He is to be found; call on Him when He is near." Psalm 130, Avinu Malkeinu and other special inserts and additions are included in our daily prayers during these days.
The Baal Shem Tov instituted the custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below for today's three Psalms.
Chapter 88 Chapter 89 Chapter 90
Psalms 88:
1 (0) A song. A psalm of the sons of Korach. For the leader. Set to “Sickness that Causes Suffering.” A maskil of Heiman the Ezrachi.

2 (1) Adonai, God of my salvation,
when I cry out to you in the night,
3 (2) let my prayer come before you,
turn your ear to my cry for help!
4 (3) For I am oversupplied with troubles,
which have brought me to the brink of Sh’ol.
5 (4) I am counted among those going down to the pit,
like a man who is beyond help,
6 (5) left by myself among the dead,
like the slain who lie in the grave —
you no longer remember them;
they are cut off from your care.
7 (6) You plunged me into the bottom of the pit,
into dark places, into the depths.
8 (7) Your wrath lies heavily on me;
your waves crashing over me keep me down. (Selah)
9 (8) You separated me from my close friends,
made me repulsive to them;
I am caged in, with no escape;
10 (9) my eyes grow dim from suffering.
I call on you, Adonai, every day;
I spread out my hands to you.
11 (10) Will you perform wonders for the dead?
Can the ghosts of the dead rise up and praise you? (Selah)
12 (11) Will your grace be declared in the grave,
or your faithfulness in Abaddon?
13 (12) Will your wonders be known in the dark,
or your righteousness in the land of oblivion?
14 (13) But I cry out to you, Adonai;
my prayer comes before you in the morning.
15 (14) So why, Adonai, do you reject me?
Why do you hide your face from me?
16 (15) Since my youth I have been miserable, close to death;
I am numb from bearing these terrors of yours.
17 (16) Your fierce anger has overwhelmed me,
your terrors have shriveled me up.
18 (17) They surge around me all day like a flood,
from all sides they close in on me.
19 (18) You have made friends and companions shun me;
the people I know are hidden from me.
89:1 (0) A maskil of Eitan the Ezrachi:
2 (1) I will sing about Adonai’s acts of grace forever,
with my mouth proclaim your faithfulness to all generations;
3 (2) because I said, “Grace is built to last forever;
in the heavens themselves you established your faithfulness.”
4 (3) You said, “I made a covenant with the one I chose,
I swore to my servant David,
5 (4) ‘I will establish your dynasty forever,
build up your throne through all generations.’” (Selah)
6 (5) Let the heavens praise your wonders, Adonai,
your faithfulness in the assembly of the angels.
7 (6) For who in the skies can be compared with Adonai?
Which of these gods can rival Adonai,
8 (7) a God dreaded in the great assembly of the holy ones
and feared by all around him?
9 (8) Adonai Elohei-Tzva’ot!
Who is as mighty as you, Yah?
Your faithfulness surrounds you.
10 (9) You control the raging of the sea;
when its waves rear up, you calm them.
11 (10) You crushed Rahav like a carcass;
with your strong arm you scattered your foes.
12 (11) The heavens are yours, and the earth is yours;
you founded the world and everything in it.
13 (12) You created north and south;
Tavor and Hermon take joy in your name.
14 (13) Your arm is mighty, your hand is strong,
your right hand is lifted high.
15 (14) Righteousness and justice are the foundation of your throne;
grace and truth attend you.
16 (15) How happy are the people who know the joyful shout!
They walk in the light of your presence, Adonai.
17 (16) They rejoice in your name all day
and are lifted up by your righteousness,
18 (17) for you yourself are the strength in which they glory.
Our power grows by pleasing you,
19 (18) for our shield comes from Adonai —
our king is from the Holy One of Isra’el.
20 (19) There was a time when you spoke in a vision;
you declared to your loyal [prophets],
“I have given help to a warrior,
I have raised up someone chosen from the people.
21 (20) I have found David my servant
and anointed him with my holy oil.
22 (21) My hand will always be with him,
and my arm will give him strength.
23 (22) No enemy will outwit him,
no wicked man overcome him.
24 (23) I will crush his foes before him
and strike down those who hate him.
25 (24) My faithfulness and grace will be with him;
through my name his power will grow.
26 (25) I will put his hand on the sea
and his right hand on the rivers.
27 (26) He will call to me, ‘You are my father,
my God, the Rock of my salvation.’
28 (27) I will give him the position of firstborn,
the highest of the kings of the earth.
29 (28) I will keep my grace for him forever,
and in my covenant be faithful with him.
30 (29) I will establish his dynasty forever,
and his throne as long as the heavens last.
31 (30) “If his descendants abandon my Torah
and fail to live by my rulings,
32 (31) if they profane my regulations
and don’t obey my mitzvot,
33 (32) I will punish their disobedience with the rod
and their guilt with lashes.
34 (33) But I won’t withdraw my grace from him
or be false to my faithfulness.
35 (34) I will not profane my covenant
or change what my lips have spoken.
36 (35) I have sworn by my holiness once and for all;
I will not lie to David —
37 (36) his dynasty will last forever,
his throne like the sun before me.
38 (37) It will be established forever, like the moon,
which remains a faithful witness in the sky.” (Selah)
39 (38) But you spurned your anointed one,
rejected and vented your rage on him.
40 (39) You renounced the covenant with your servant
and defiled his crown in the dust.
41 (40) You broke through all his defenses
and left his strongholds in ruins.
42 (41) All who pass by plunder him;
he is an object of scorn to his neighbors.
43 (42) You raised up the right hand of his foes
and made all his enemies rejoice.
44 (43) You drive back his drawn sword
and fail to support him in battle.
45 (44) You brought an end to his splendor
and hurled his throne to the ground.
46 (45) You cut short the days of his youth
and covered him with shame. (Selah)
47 (46) How long, Adonai? Will you hide yourself forever?
How long will your fury burn like fire?
48 (47) Remember how little time I have!
Was it for no purpose that you created all humanity?
49 (48) Who can live and not see death?
Who can save himself from the power of the grave? (Selah)
50 (49) Where, Adonai, are the acts of grace you once did,
those which, in your faithfulness, you swore to David?
51 (50) Remember, Adonai, the taunts hurled at your servants,
which I carry in my heart [from] so many peoples!
52 (51) Your enemies, Adonai, have flung their taunts,
flung them in the footsteps of your anointed one.
53 (52) Blessed be Adonai forever.
Amen. Amen.
Book IV: Psalms 90–106
90:(0) A prayer of Moshe the man of God:
(1) Adonai, you have been our dwelling place
in every generation.
2 Before the mountains were born,
before you had formed the earth and the world,
from eternity past to eternity future
you are God.
3 You bring frail mortals to the point of being crushed,
then say, “People, repent!”
4 For from your viewpoint a thousand years
are merely like yesterday or a night watch.
5 When you sweep them away, they become like sleep;
by morning they are like growing grass,
6 growing and flowering in the morning,
but by evening cut down and dried up.
7 For we are destroyed by your anger,
overwhelmed by your wrath.
8 You have placed our faults before you,
our secret sins in the full light of your presence.
9 All our days ebb away under your wrath;
our years die away like a sigh.
10 The span of our life is seventy years,
or if we are strong, eighty;
yet at best it is toil and sorrow,
over in a moment, and then we are gone.
11 Who grasps the power of your anger and wrath
to the degree that the fear due you should inspire?
12 So teach us to count our days,
so that we will become wise.
13 Return, Adonai! How long must it go on?
Take pity on your servants!
14 Fill us at daybreak with your love,
so that we can sing for joy as long as we live.
15 Let our joy last as long as the time you made us suffer,
for as many years as we experienced trouble.
16 Show your deeds to your servants
and your glory to their children.
17 May the favor of Adonai our God be on us,
prosper for us all the work that we do —
yes, prosper the work that we do.
Links: About the Ten Days of teshuvah; Voicemail; more on teshuvah
Today in Jewish History:
• Adam & Eve Created (3760 BCE)
On Tishrei 1 -- the sixth day of creation -- "G-d said: 'Let us make Man in Our image, after Our likeness; and let them have dominion over the fish of the sea, and over the birds of the air, and over the cattle, and over all the earth...'" (Genesis 1:26). "G-d formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul" (ibid., 2:7). "And G-d took the man and placed him in the Garden of Eden, to work it and to keep it" (2:15). "And G-d said: 'It is not good that the man should be alone; I will make him a helpmeet opposite him' ... G-d caused a deep sleep to fall upon the man, and he slept; and He took one of his sides, and closed up the flesh in its place. And G-d built the side which He had taken from the man into a woman, and brought her to the man. And the man said: 'This is now bone of my bones, and flesh of my flesh; she shall be called Woman, because she was taken out of Man.' Therefore a man leaves his father and his mother, and cleaves to his wife; and they become one flesh" (2:18-24).
Links: The Man In Man; Man & Woman; Parshah Bereishit (Genesis 1:1-6:8) with commentary
• First Sin & Repentance (3760 BCE)
On the very day he was created, man committed the first sin of history, transgressing the divine commandment not to eat from the "Tree of Knowledge of Good and Evil." Adam and Eve were banished from the Garden, and mankind became subject to death, labor and moral confusion. But on that day the first man and woman also repented their sin, introducing the concept and opportunities of teshuvah ("return") into the human experience.
Links: The Discovery of Darkness; G-d's Business
• Dove's 3rd Mission (2105 BCE)
On the 1st of Tishrei, on the 307th day of the Great Flood, Noach dispatched a dove from the ark, for the third time (see "On This Date" for Elul 17 and Elul 23). When the dove did not return, Noah knew that the Flood's waters had completely drained from the earth. On that day, Noach removed the roof of the ark; but Noah and his family, and all the animals, remained in the ark for another 57 days -- until the 27th of Cheshvan -- when the suface of the earth was completely dry and G-d commanded them to leave the ark and resettle and reppopulate the earth.
Links: The Window; Life in a Box
• Binding of Isaac; Sarah's Passing (1677 BCE)
Abraham's supreme test of faith -- his binding of Isaac in preparation to sacrifice him as per G-d's command -- occurred on the 1st of Tishrei of the year 2084 from creation (1677 BCE), and is recalled each Rosh Hashanah with the sounding of the shofar (ram's horn -- a ram was sacrificed in Isaac's stead when an angel revealed that the command to sacrifice Isaac was but a divine test); the Torah's account of the event is publicly read in the synagogue on the 2nd day of Rosh Hashanah. On the day of Isaac's binding, his mother, Sarah, passed away at age 127, and was subsequently buried in the Machpelah Cave in Hebron.
Link: The Binding of Isaac
• Baal Shem Tov's vision of Moshiach (1746)
In a letter to his brother-in-law, Rabbi Gershon Kitover, the Baal Shem Tov relates: "On Rosh Hashanah of the year 5507 [from creation] I made an 'ascent of soul' in the manner known to you... I ascended level after level until I reached the chamber of Moshiach... And I asked Moshiach: "When will the Master come?" And he replied: "When your teachings will be disseminated and revealed in the world, and your wellsprings will spread to the outside..." (Keter Shem Tov 1:1).
Links: About the Baal Shem Tov; about Chassidism
• Daf Yomi (1923)
The "Daf Yomi" daily regimen of Talmud study (in which the participant studies one folio a day to complete the entire Talmud in seven years) initiated by Rabbi Meir Shapiro of Lublin, was launched on Rosh Hashanah of 1923.
Daily Study:
Chitas and Rambam for today:
Chumash: 
Vayelech, 2nd Portion Deuteronomy 31:4-31:6 with Rashi

• Deuteronomy Chapter 31
4And the Lord will do to them, as He did to the Amorite kings, Sihon and Og, and to their land, [all of] which He destroyed. דוְעָשָׂ֤ה יְהֹוָה֙ לָהֶ֔ם כַּֽאֲשֶׁ֣ר עָשָׂ֗ה לְסִיח֥וֹן וּלְע֛וֹג מַלְכֵ֥י הָֽאֱמֹרִ֖י וּלְאַרְצָ֑ם אֲשֶׁ֥ר הִשְׁמִ֖יד אֹתָֽם:
5And [when] the Lord delivers them before you, you shall do to them according to all the commandment that I have commanded you. הוּנְתָנָ֥ם יְהֹוָ֖ה לִפְנֵיכֶ֑ם וַֽעֲשִׂיתֶ֣ם לָהֶ֔ם כְּכָ֨ל־הַמִּצְוָ֔ה אֲשֶׁ֥ר צִוִּ֖יתִי אֶתְכֶֽם:
6Be strong and courageous! Neither fear, nor be dismayed of them, for the Lord, your God He is the One Who goes with you. He will neither fail you, nor forsake you." וחִזְק֣וּ וְאִמְצ֔וּ אַל־תִּֽירְא֥וּ וְאַל־תַּֽעַרְצ֖וּ מִפְּנֵיהֶ֑ם כִּ֣י | יְהֹוָ֣ה אֱלֹהֶ֗יךָ ה֚וּא הַֽהֹלֵ֣ךְ עִמָּ֔ךְ לֹ֥א יַרְפְּךָ֖ וְלֹ֥א יַֽעַזְבֶֽךָּ:
He will neither fail you: Heb. לֹא יַרְפְּךָ. [The word יַרְפְּךָ stems from the root רפה, meaning“weak.” Thus, the expression here means:] God will not give you [cause for] weakness [resulting] from your being forsaken by Him. לא ירפך: לא יתן לך רפיון להיות נעזב ממנו:

Daily Tehillim: Psalms Chapters 1 - 9
• Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
See below for today's additional chapters.
Chapter 1
This psalm inspires man to study Torah and avoid sin. One who follows this path is assured of success in all his deeds, whereas the plight of the wicked is the reverse.
1. Fortunate is the man that has not walked in the counsel of the wicked, nor stood in the path of sinners, nor sat in the company of scoffers.
2. Rather, his desire is in the Torah of the Lord, and in His Torah he meditates day and night.
3. He shall be like a tree planted by streams of water, that yields its fruit in its season, and whose leaf does not wither; and all that he does shall prosper.
4. Not so the wicked; rather, they are like the chaff that the wind drives away.
5. Therefore the wicked will not endure in judgement, nor sinners in the assembly of the righteous.
6. For the Lord minds the way of the righteous, but the way of the wicked will perish.
Chapter 2
This psalm warns against trying to outwit the ways of God. It also instructs one who has reason to rejoice, to tremble—lest his sins cause his joy to be overturned.
1. Why do nations gather, and peoples speak futility?
2. The kings of the earth rise up, and rulers conspire together, against the Lord and against His anointed:
3. “Let us sever their cords, and cast their ropes from upon us!”
4. He Who sits in heaven laughs, my Master mocks them.
5. Then He speaks to them in His anger, and terrifies them in His wrath:
6. “It is I Who have anointed My king, upon Zion, My holy mountain.”
7. I am obliged to declare: The Lord said to me, “You are my son, I have this day begotten you.
8. Ask of Me, and I will make the nations your inheritance, and the ends of the earth your possession.
9. Smash them with a rod of iron, shatter them like a potter’s vessel.”
10. Now be wise, you kings; be disciplined, you rulers of the earth.
11. Serve the Lord with awe, and rejoice with trembling.
12. Yearn for purity—lest He become angry and your path be doomed, if his anger flares for even a moment. Fortunate are all who put their trust in Him
FOOTNOTES
1.The day David was crowned. (Rashi)
Chapter 3
When punishment befalls man, let him not be upset by his chastisement, for perhaps--considering his sins—he is deserving of worse, and God is in fact dealing kindly with him.
1. A psalm by David, when he fled from Absalom his son.
2. Lord, how numerous are my oppressors; many rise up against me!
3. Many say of my soul, “There is no salvation for him from God—ever!”
4. But You, Lord, are a shield for me, my glory, the One Who raises my head.
5. With my voice I call to the Lord, and He answers me from His holy mountain, Selah.
6. I lie down and sleep; I awake, for the Lord sustains me.
7. I do not fear the myriads of people that have aligned themselves all around me.
8. Arise, O Lord, deliver me, my God. For You struck all my enemies on the cheek, You smashed the teeth of the wicked.
9. Deliverance is the Lord’s; may Your blessing be upon Your people forever
Chapter 4
This psalm exhorts man not to shame his fellow, and to neither speak nor listen to gossip and slander. Envy not the prosperity of the wicked in this world, rather rejoice and say: “If it is so for those who anger Him . . . [how much better it will be for those who serve Him!”]
1. For the Conductor, with instrumental music, a psalm by David.
2. Answer me when I call, O God [Who knows] my righteousness. You have relieved me in my distress; be gracious to me and hear my prayer.
3. Sons of men, how long will you turn my honor to shame, will you love vanity, and endlessly seek falsehood?
4. Know that the Lord has set apart His devout one; the Lord will hear when I call to Him.
5. Tremble and do not sin; reflect in your hearts upon your beds, and be silent forever.
6. Offer sacrifices in righteousness, and trust in the Lord.
7. Many say: “Who will show us good?” Raise the light of Your countenance upon us, O Lord.
8. You put joy in my heart, greater than [their joy] when their grain and wine abound.
9. In peace and harmony I will lie down and sleep, for You, Lord, will make me dwell alone, in security.
Chapter 5
A prayer for every individual, requesting that the wicked perish for their deeds, and the righteous rejoice for their good deeds.
1. For the Conductor, on the nechilot,1 a psalm by David.
2. Give ear to my words, O Lord, consider my thoughts.
3. Listen to the voice of my cry, my King and my God, for to You I pray.
4. Lord, hear my voice in the morning; in the morning I set [my prayers] before you and hope.
5. For You are not a God Who desires wickedness; evil does not abide with You.
6. The boastful cannot stand before Your eyes; You hate all evildoers.
7. You destroy the speakers of falsehood; the Lord despises the man of blood and deceit.
8. And I, through Your abundant kindness, come into Your house; I bow toward Your holy Sanctuary, in awe of You.
9. Lead me, O Lord, in Your righteousness, because of my watchful enemies; straighten Your path before me.
10. For there is no sincerity in their mouths, their heart is treacherous; their throat is an open grave, [though] their tongue flatters.
11. Find them guilty, O God, let them fall by their schemes; banish them for their many sins, for they have rebelled against You.
12. But all who trust in You will rejoice, they will sing joyously forever; You will shelter them, and those who love Your Name will exult in You.
13. For You, Lord, will bless the righteous one; You will envelop him with favor as with a shield.
FOOTNOTES
1.A musical instrument that sounded like the buzzing of bees (Metzudot).
Chapter 6
This is an awe-inspiring prayer for one who is ill, to pray that God heal him, body and soul. An ailing person who offers this prayer devoutly and with a broken heart is assured that God will accept his prayer.
1. For the Conductor, with instrumental music for the eight-stringed harp, a psalm by David.
2. Lord, do not punish me in Your anger, nor chastise me in Your wrath.
3. Be gracious to me, O Lord, for I languish away; heal me, O Lord, for my bones tremble in fear.
4. My soul is panic-stricken; and You, O Lord, how long [before You help]?
5. Relent, O Lord, deliver my soul; save me for the sake of Your kindness.
6. For there is no remembrance of You in death; who will praise You in the grave?
7. I am weary from sighing; each night I drench my bed, I melt my couch with my tears.
8. My eye has grown dim from vexation, worn out by all my oppressors.
9. Depart from me, all you evildoers, for the Lord has heard the sound of my weeping.
10. The Lord has heard my supplication; the Lord accepts my prayer.
11. All my enemies will be shamed and utterly terrified; they will then repent and be shamed for a moment.
FOOTNOTES
1.Only for a moment will they be shamed, because I will forgive them and never again mention their deeds (Metzudot).
Chapter 7
Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.
1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion, crushing me with none to rescue.
4. Lord, my God, if I have done this, if there is wrongdoing in my hands;
5. if I have rewarded my friends with evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.
7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.
8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.
10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He Who saves the upright of heart.
12. God is the righteous judge, and the Almighty is angered every day.
13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to fall into the trap he laid.
17. His mischief will return upon his own head, his violence will come down upon his own skull.
18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High
FOOTNOTES
1.This refers either to a musical instrument, or to a mistake committed by David, in recognition of which this psalm was written (Rashi).
Chapter 8
This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a psalm by David.
2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2
4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember him, son of man that You should be mindful of him?
6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the beasts of the field;
9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your Name throughout the earth.
FOOTNOTES
1.A musical instrument crafted in Gath (Metzudot).
2.The wonders of childbirth and nursing demonstrate God’s existence to non-believers (Metzudot).
Chapter 9
One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of Labben, a psalm by David.
2. I will thank the Lord with all my heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I will sing to Your Name, O Most High.
4. When my enemies retreat, they will stumble and perish from before You.
5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked, erased their name for all eternity.
7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He established His throne for judgement.
9. And He will judge the world with justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.
13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,
15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that they made; in the net they concealed their foot was caught.
17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.
18. The wicked will return to the grave, all the nations that forget God.
19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.
Additional Three Chapters
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Today's Chapters are 88, 89 and 90.
Chapter 88
The psalmist weeps and laments bitterly over the maladies and suffering Israel endures in exile, which he describes in detail.
1. A song, a psalm by the sons of Korach, for the Conductor, upon the machalat le'anot; 1 a maskil2 for Heiman the Ezrachite.
2. O Lord, God of my deliverance, by day I cried out [to You], by night I [offer my prayer] before You.
3. Let my prayer come before You; turn Your ear to my supplication.
4. For my soul is sated with affliction, and my life has reached the grave.
5. I was reckoned with those who go down to the pit, I was like a man without strength.
6. [I am regarded] among the dead who are free, like corpses lying in the grave, of whom You are not yet mindful, who are yet cut off by Your hand.
7. You have put me into the lowest pit, into the darkest places, into the depths.
8. Your wrath has weighed heavily upon me, and all the waves [of Your fury] have constantly afflicted me.
9. You have estranged my friends from me, You have made me abhorrent to them; I am imprisoned and unable to leave.
10. My eye is afflicted because of distress; I call to You, O Lord, every day; I have stretched out my hands [in prayer] to You.
11. Do You perform wonders for the deceased? Do the dead stand to offer You praise? Selah.
12. Is Your kindness recounted in the grave, your faithfulness in the place of perdition?
13. Are Your wondrous deeds known in the darkness [of the grave], or Your righteousness in the land of oblivion?
14. But, I, to You, O Lord, I cry; each morning my prayer comes before You.
15. Why, O Lord, do You forsake my soul? Why do You conceal Your countenance from Me?
16. From my youth I have been afflicted and approaching death, yet I have borne the fear of You which is firmly established within me.
17. Your furies have passed over me; Your terrors have cut me down.
18. They have engulfed me like water all day long, they all together surrounded me.
19. You have estranged from me beloved and friend; I have been rejected by my intimates.
Chapter 89
This psalm speaks of the kingship of the House of David, the psalmist lamenting its fall from power for many years, and God's abandonment and spurning of us.
1. A maskil1 by Eitan the Ezrachite.
2. I will sing of the Lord's kindness forever; to all generations I will make known Your faithfulness with my mouth.
3. For I have said, "The world is built with kindness; there in the heavens You establish Your faithfulness.”
4. I have made a covenant with My chosen one; I have sworn to David, My servant:
5. "I will establish Your descendants forever; I will build your throne for all generations," Selah.
6. Then the heavens will extol Your wonders, O Lord; Your faithfulness, too, in the congregation of the holy ones.
7. Indeed, who in heaven can be compared to the Lord, who among the supernal beings can be likened to the Lord!
8. The Almighty is revered in the great assembly of the holy ones, awe-inspiring to all who surround Him.
9. O Lord, God of Hosts, who is mighty like You, O God! Your faithfulness surrounds You.
10. You rule the vastness of the sea; when its waves surge, You still them.
11. You crushed Rahav (Egypt) like a corpse; with Your powerful arm You scattered Your enemies.
12. Yours are the heavens, the earth is also Yours; the world and all therein-You established them.
13. The north and the south-You created them; Tabor and Hermon sing of [the greatness] of Your Name.
14. Yours is the arm which has the might; strengthen Your hand, raise high Your right hand.
15. Righteousness and justice are the foundation of Your throne; kindness and truth go before Your countenance.
16. Fortunate is the people who know the sound of the shofar; Lord, they walk in the light of Your countenance.
17. They rejoice in Your Name all day, and they are exalted through Your righteousness.
18. Indeed, You are the splendor of their might, and in Your goodwill our glory is exalted.
19. For our protectors turn to the Lord, and our king to the Holy One of Israel.
20. Then You spoke in a vision to Your pious ones and said: "I have granted aid to [David] the mighty one; I have exalted the one chosen from among the people.
21. I have found David, My servant; I have anointed him with My holy oil.
22. It is he whom My hand shall be prepared [to assist]; My arm, too, shall strengthen him.
23. The enemy shall not prevail over him, nor shall the iniquitous person afflict him.
24. And I will crush his adversaries before him, and will strike down those who hate him.
25. Indeed, My faithfulness and My kindness shall be with him, and through My Name his glory shall be exalted.
26. I will set his hand upon the sea, his right hand upon the rivers.
27. He will call out to Me, 'You are my Father, my God, the strength of my deliverance.’
28. I will also make him [My] firstborn, supreme over the kings of the earth.
29. I will maintain My kindness for him forever; My covenant shall remain true to him.
30. And I will bestow [kingship] upon his seed forever, and his throne will endure as long as the heavens last.
31. If his children forsake My Torah and do not walk in My ordinances;
32. if they profane My statutes and do not observe My commandments,
33. then I will punish their transgression with the rod and their misdeeds with plagues.
34. Yet I shall not take away My kindness from him, nor betray My faithfulness.
35. I will not abrogate My covenant, nor change that which has issued from My lips.
36. One thing I have sworn by My holiness-I will not cause disappointment to David.
37. His seed will endure forever and his throne will be [resplendent] as the sun before Me.
38. Like the moon, it shall be established forever; [the moon] is a faithful witness in the sky for all time.”
39. Yet You have forsaken and abhorred; You became enraged at Your anointed.
40. You annulled the covenant with Your servant; You have profaned his crown [by casting it] to the ground.
41. You shattered all his fences; You turned all his strongholds into ruin.
42. All wayfarers despoiled him; he has become a disgrace to his neighbors.
43. You have uplifted the right hand of his adversaries; You have made all his enemies rejoice.
44. You also turned back the blade of his sword, and did not sustain him in battle.
45. You put an end to his splendor, and toppled his throne to the ground.
46. You have cut short the days of his youth; You have enclothed him with long-lasting shame.
47. How long, O Lord, will You conceal Yourself-forever? [How long] will Your fury blaze like fire?
48. O remember how short is my life span! Why have You created all children of man for naught?
49. What man can live and not see death, can save his soul forever from the grave?
50. Where are Your former deeds of kindness, my Lord, which You swore to David in Your faithfulness?
51. Remember, my Lord, the disgrace of Your servants, that I bear in my bosom from all the many nations;
52. that Your enemies have disgraced, O Lord, that they have disgraced the footsteps of Your anointed.
53. Blessed is the Lord forever, Amen and Amen.
Chapter 90
David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Tanya: Iggeret HaKodesh, beginning of Epistle 20
• Lessons in Tanya
• Today's Tanya Lesson
• Monday
, 1 Tishrei, 5777 · 3 October 2016

• Iggeret HaKodesh, beginning of Epistle 20
• The present Epistle deals with a subject that has not been touched upon in the Tanya until now. Though it is one of the most profound and abstract principles of Chassidut, it has a practical application.
It will be recalled that the introduction to Epistle 18 pointed out the benefits of ascertaining the practical lessons in divine service — through the performance of mitzvot in general and the mitzvah of tzedakah in particular — that are to be found in each of these pastoral letters. For, as the Alter Rebbe’s sons state in their Approbation to the Tanya, the purpose of the letters is to “teach the people of G‑d the way by which they should walk and the deed which they should do.” And this letter is especially significant, for the Alter Rebbe wrote it (as the Tzemach Tzedek testifies1) “several days before his demise in the village of Piena.”
What the profundity of this letter ultimately conveys is a renewed and deepened appreciation of the performance of “physical” mitzvot in general (i.e., those involving material things, such as wool for tzitzit and parchment for tefillin) and themitzvah of tzedakah in particular.
At the core of this letter is the principle that the creation of the physical derives from the Essence of G‑d Himself; it completely transcends the luminous and revelatory levels of G‑dliness from which all spiritual entities and worlds are created. For, as the Alter Rebbe writes, “Only G‑d Himself — Whose Being is of His Essence, and Who is not, Heaven forfend, caused by some other cause preceding Himself — has the ability to create something out of absolute nothingness,” to create a being that seems (to the corporeal eye) to be a wholly independent entity “without any other cause preceding it.”
Everything else that exists is possible and non-essential existence, and consequently is totally dependent upon G‑d as the cause for its existence. By contrast, only G‑d Himself — Whose existence is an imperative and Whose being derives from His own Self, and as such needs nothing to bring about His existence — has the ability to create a being so corporeal that it is entirely unaware that its existence depends on a Creator; indeed, it is satisfied with the delusion that it is responsible for its own creation.
Apart from this grossly physical world, everything created has an apparent causal link with a source of existence. Light, for example, visibly owes its existence to its source — a luminary; speech, being an alul (“effect”), clearly owes its existence to the faculty of thought, which is its ilah (“cause”). When viewing material matter, however, one does not perceive that it derives from and is nullified to something higher than itself; it seems to exist as a wholly autonomous being.
A being such as this, which is infinitely distant from its spiritual source — its source being Divine while the being itself is physical, and hence has to be created ex nihilo (“from nothing”) — can be created only by G‑d Himself, Who is truly without limitation and as such transcends the physical and the spiritual equally. Thus, it is specifically the physical things that were created by G‑d Himself, Who is, of course, infinitely higher than all the illuminations and radiations of G‑dliness that were responsible for the creation of all spiritual beings and entities.
This principle leads us to a newfound respect for the performance of commandments involving physical things — for their creation comes about from G‑d Himself.
This principle is indeed new. It supplements the explanation in Tanya, Part I (ch. 35ff) of the distinctive quality of practical performance alluded to in the phrase quoted on its title page: “that you may do it.” That explanation highlights the superiority of the mitzvot performed in the realm of action over those performed with thought and speech.
This superiority is explained there only in the light of G‑d’s ultimate intent: G‑d desires a dwelling place, i.e., that His Presence be revealed in the nethermost level, in this spiritually dark, physical world, which seemingly does its best to conceal G‑dliness. And this dwelling place is best built through the mitzvot involving action, for through them G‑dliness is drawn down into those aspects of this physical world that are lower than thought and speech.
The same is true with regard to the refinement and elevation of the animal soul and its transformation into goodness and holiness (for which reason the Divine soul first descended into the body): the optimal refinement and elevation of the animal soul is achieved specifically through the performance of these mitzvot — donning tefillin, wearing tzitzit, etc. — for they engage the power of the animal soul to a greater degree than do the commandments that are performed only in thought or in speech.
All this merely expresses the special quality of “action” as it relates to G‑d’s desire and intent; it does not, however, express the superiority of the physical object with which a practical commandment is performed. Seemingly, a commandment performed with one’s loftier soul-powers — such as the knowledge of G‑d-liness, a mitzvah that engages one’s mind, or the love of G‑d, a mitzvah that engages the spiritual emotions of one’s heart — should be inherently superior to a commandment that merely engages one’s hands or feet.
For as far as the Divine Will is concerned, since this is fulfilled both by the practical mitzvot and by those observed in thought and in speech, the spiritual result — being united with G‑d — would seem to be the same in both types of mitzvot. With regard to the object with which G‑d’s Will is being fulfilled, the commandments that are performed with one’s more spiritual qualities — comprehending G‑d with one’s mind and loving Him with one’s heart — would seem to be superior to the commandments that merely engage one’s physicality.
However, considering (as in the letter below) the unique standing of physical mitzvot inasmuch as the physical derives from G‑d Himself, it follows that the practical commandments are superior to those performed in thought or in speech by virtue of the physical objects they involve, for these objects harbor energy that is released when they are utilized in fulfilling the Divine intent.
The previous Lubavitcher Rebbe, the Rebbe Rayatz, of blessed memory, once related2 that when “those few heavenly soul-words” that appear in the text below were first revealed, pointing out that it is from the infinite Essence of the Ein Sof Himself that physical objects first come into being, the chassidim of the time found that their performance of the practical mitzvot was invigorated by fresh wellsprings of vitality.
איהו וחיוהי חד
“He3 and His life-giving emanations (chayohi) are one;
I.e., the “lights” (orot) of the Sefirot, which (like souls) animate the “vessels” (kelim) of the Sefirot, are not merely connected to G‑d: they are actually one with Him.
איהו וגרמוהי חד בהון
He and His causations (garmohi; lit., “organs”) are one in them,”
I.e., the “vessels” (kelim) which emanate from G‑d, and which (like bodies to souls4) serve as receptors to the “lights”(orot) of the Sefirot, are one with Him — in them, i.e., in the Sefirot,
(פירוש: עשר ספירות דאצילות
(5 that is,6 in the Ten Sefirot of Atzilut.
חיוהי: הן האורות
“His life-giving emanations” — these are the lights, the orot of the Sefirot,
וגרמוהי: הן הכלים
and “His causations” — these are the vessels, the kelim of the Sefirot;
שכולן אלקות
they are all (one with the [infinite] Ein Sof-light, for they are) Divinity.
מה שאין כן בבריאה יצירה עשיה כו׳
This is not the case in the Worlds of Beriah, Yetzirah and Asiyah, and so on.)
In these lower worlds, the kelim of the Sefirot as well as a distinct measure of the orot are not Divinity, but created beings.
וצריך להבין היטב איך האין סוף חד עם גרמוהי, הן הכלים
Now it needs to be clearly understood how the Ein Sof is One with His causations, i.e., with the kelim of the Sefirot.
הרי הכלים הן בבחינת גבול ותכלית, כמו שכתוב בעץ חיים
For the kelim are limited and finite, as is stated in Etz Chayim.7
Each of the Sefirot is not only a distinct entity (Chochmah having a separate identity from Binah, and Chesed fromGevurah, etc.), but in addition each Sefirah is inherently finite. How then can they be One with the Ein Sof, Who transcends any such particular identity (such as Chochmah or Chesed) and is moreover infinite?
The Tzemach Tzedek explains in Or HaTorah8 that the limitation that characterizes the kelim of Atzilut is their function as the Ko’ach HaGvul of the Ein Sof, the Power of Limitation whereby there can emanate from the [infinite] Ein Sof something limited and finite.
For it is stated in Avodat HaKodesh9 that “Ein Sof is the most perfect being of all; just as He possesses infinite powers so too does He possess finite powers, for if you were to say that He can only express Himself in an infinite manner and not in a finite manner, then you are diminishing His perfection.”
This means that in truth “infinity” is also “finite”, if it is limited to infinitude and barred from expressing itself finitely. A power that is only “infinite” and not “finite” lacks the capabilities of finitude. Since the Ein Sof is “the most perfect being of all,” hence possessing all qualities, He must possess a power of limitation and finitude just as He possesses infinite powers.
Avodat HaKodesh concludes that the Infinite One’s first expression of self-limitation is the emanation of the Sefirot — more specifically, the kelim of the Sefirot — which possess Ko’ach HaGvul, the Power of Limitation. As a result, the created beings that result from the enclothement of the “lights” in the “vessels” are limited in nature, even though the creative light that flows from the orot is infinite.
To return now to our query, as expressed above: Since the kelim are limited and finite, how can they be One with the Ein Sof, Who utterly transcends all bounds of identity and finitude?
אמנם הכוונה היא לומר, שהן אלקות לברוא יש מאין
However, the intention of the statement that the Ein Sof is One with His kelim is to say that they are Divinity with regard to creating something out of nothing, just as the Ein Sof is capable of doing,10
Creating something out of nothing is a capability hidden only “in the bosom of the Creator.”11 As our Sages, of blessed memory, expressed it,12 “If all the world’s inhabitants were to assemble, they would be unable to create the wing of a gnat and place within it a soul.”
It is with respect to this that the Ein Sof is One with the kelim of the Ten Sefirot of Atzilut: through them something is created out of nothing; in this respect the kelim are Divinity.
ולא בבחינת השתלשלות עילה ועלול לבד
and not merely by way of an evolution from ilah (“cause”) to alul (“effect”), as links in a causal progression wherein a being — the alul, or “effect” — evolves of itself from its ilah, or “cause”.
ומה שכתב הרמ״ק ענין השתלשלות עילה ועלול, וכן הוא בזוהר הקדוש, פרשת בראשית
As for the statement of R. Moses Cordovero13 that creative development in the Sefirot takes place by way ofilah and alul, and so too is it stated in the sacred Zohar, Parshat Bereishit,14
היינו בהשתלשלות הספירות בספירות עצמן
this refers to the evolution of the Sefirot within the Sefirot themselves, whereby one Sefirah evolves from another, e.g., Binah from Chochmah,
(בבחינת הכלים) שנקראות בלי מה, בספר יצירה
(15with respect to the kelim), which are termed beli mah (“without anything”) in Sefer Yetzirah16 (the “Book of Formation”17),
(The text there reads, “Ten Sefirot without anything: their measure is ten....”)
שאינן בבחינת יש ומהות מושג
because they are not in the category of a substance (yesh)18 nor of a nature that is apprehensible to created beings,
וכמו האין סוף, דלית מחשבה תפיסא ביה כלל
like the Ein Sof,19 “Whom thought cannot grasp at all”; so too are the kelim of the Sefirot called beli mah, “without anything” tangible and comprehensible by created beings,
Since the Sefirot are not of an apprehensible substance (they are “without anything”), they evolve from one another as ilahand alul, rather than being created as something from nothing.
The Alter Rebbe will now show that the kelim of the Sefirot are not of an apprehensible nature:
וכמו שכתוב: ופני לא יראו
as it is written,20 “And My face (G‑d’s pnimiyut and inner self) shall not be seen.”
The aspect of Divinity termed “My face,” referring as it does also to the pnimiyut of the kelim, remained hidden even from Moshe Rabbeinu, transcending even his vision and comprehension.
ונבואת משה רבינו עליו השלום והשגתו, היתה מפרק עליון דנצח דז״א
The prophecy and apprehension of Moshe Rabbeinu, peace to him, related to the upper rank of Netzach ofZ’eir Anpin.
As mentioned in the previous letter (Epistle XIX), the Sefirot of Netzach, Hod and Yesod are merely the conduits by which the flow of life-giving light reaches the recipient; i.e., they are merely the externality of the Sefirot rather than the internal level called panim.
ובהשתלשלות העלול הוא מוקף מהעילה
And in the evolution, the alul (before it emerges as a distinct entity) is encompassed by its ilah,
ובטל במציאות אצלו, כזיו השמש בשמש
and is in a state of utter self-nullification in relation to it, just as a ray of the sun loses any independent identity and is essentially non-existent when it is within the sun,
This is true even after the alul evolves from the ilah and is revealed as a distinct entity: even then it is essentially non-existent in relation to its ilah. And the same holds true with regard to the manner in which one Sefirah evolves from another: that which is drawn down and revealed is totally nullified to the ilah from which it evolves.
כמו שכתוב בפרדס מהרמ״ק
as stated in Pardes21 by R. Moses Cordovero.22
It would thus be impossible to create a substantive being, a yesh, that has a sense of existence independent of its source, through the process of ilah and alul.23
ואף גם צמצומים רבים מאד לא יועילו להיות גשם עב כעפר, מהשתלשלות הרוחניות משכלים נבדלים, אפילו של המלאכים
Thus even numerous contractions, even enough to make the screened light utterly dissimilar to the original light, will not avail to bring about matter dense as earth, by way of an evolution from the spirituality of abstract intelligences, not even [by way of an evolution from the spirituality] [Insertion by the Rebbe: “of the abstract intelligences”] of the angels.
Angels, too, are composed of matter and form. However, since even their matter is composed of spiritual elements, coarse matter such as earth will not result, even after a multitude of contractions, for in the evolving and descending chainlike progression called Hishtalshelut, the lowest link remains connected — i.e., retains some qualitative relationship — to the highest link.
אלא להיות רוח הבהמה מפני שור
There will only come into being — as a result of this gradated evolvement — the spirit of an animal, that derives from the “Face of the Ox” of the Celestial Chariot,
Although the spirit that animates the body of an animal can in no way be compared to its spiritual source in the “Face of the Ox” of the Chariot, by means of Hishtalshelut the “soul” of an animal can eventually evolve from there, since this “soul” too is spiritual in nature. Hishtalshelut, however, cannot result in the innovative creation of a physical entity from something spiritual,
כמו שכתוב במקום אחר, ועיין שם היטב
as explained elsewhere; examine it well.
The Rebbe notes that this may be referring, for example, to the discourse entitled Yaviu Levush Malchut24 in Torah Or.
The Alter Rebbe explains there that in a certain sense even the Supernal Chochmah of Atzilut is an entity, inasmuch as it is designated as Chochmah, as opposed to ayin, the state of “nothingness”. Therefore, it too cannot come into being by means of evolvement from the Ein Sof; it too must come about through the process of “something from nothing.” Indeed, as the verse states,25 “Chochmah derives from ayin” — Chochmah emerges from its source in a manner of “something from nothing.”
Here, however, we are not speaking of creation as it comes about from the Ein Sof, but rather as it results from spirituality in general, even from a spiritual level such as that of the abstract intelligences, i.e., the angels. It is with regard to this that we say that Hishtalshelut can only result in the soul of an animal deriving from the “Face of the Ox” of the Celestial Chariot; it cannot bring into being the physical body of an animal.
ויש מאין נקרא בריאה בלשון הקדש
The coming about of substantiality ex nihilo (yesh me’ayin) is in the Holy Tongue called beriah (“creation”).
As the Ramban points out in his commentary to the Torah,26 beriah is the only term in the Holy Tongue for absolutely innovative creation, creation ex nihilo.
In any progression from ilah (“cause”) to alul (“effect”), the alul existed previously as well, albeit in a distinctly different state. The term “creation”, by contrast, describes the coming into existence of something that until now did not exist, for, as mentioned earlier, it is impossible for yesh (“created substantiality”) to be found within ayin (“nothingness”). Were it to be otherwise, the ayin itself would cease to be ayin and would itself become yesh.
The Alter Rebbe now goes on to anticipate a query. In point of fact, created substance is also truly nullified to the G‑dliness that creates it, for “All is before Him as naught.” Why, then, do we say that creation ex nihilo cannot result from ilahand alul because the effect — the created substance — would be nullified to its source, when in truth even as the substance exists as a yesh, created ex nihilo, it is in any event nullified to the Divine source that is responsible for its creation and that continuously vests itself within it to constantly create it anew?
The Alter Rebbe goes on to explain that while the above is indeed true, nevertheless, this is so only “before Him,” i.e., as it exists in G‑d’s knowledge (for G‑d, of course, views things as they truly are, so that created beings are “before Him as naught”: they are “like the non-existence of the sun’s rays while they are still found within the orb of the sun”).
A created being itself, however, regards its own existence in an entirely different light: it “knows” and “feels” beyond any shadow of doubt that it enjoys true and independent existence. This (entirely fallacious) view can only come about when it is created ex nihilo as a yesh. Were it instead to be created by a process of ilah and alul, it would be impossible for it not to be fully cognizant of its Creator; in its own view as well, it would exist in a state of bittul bimetziut, a state of utter self-nullification.

FOOTNOTES
1.Derech Mitzvotecha, p. 170a.
2.Acharon shel Pesach, 5694.
3.Note of the Rebbe: “Etz Chayim, Shaar 47, ch. 12, et al.”
4.Tikkunei Zohar, Introduction II (beginning Patach Eliyahu).
5.Parentheses are in the original text.
6.Note of the Rebbe: “Chayohi and garmohi can also be interpreted otherwise.”
7.Shaar II, ch. 3 et passim.
8.Vayeitzei, p. 182b.
9.Part I, beginning of ch. 8.
10.Note of the Rebbe: “This is not to say that the Ein Sof is one with the kelim of the Sefirot; rather, that they unite in an action that can only come about through the Ein Sof or through uniting with the Ein Sof, with the action coming about by the Ein Sof and through the kelim.”
11.Note of the Rebbe: “And for the reason provided below, on p. קל, ע״ב [i.e., p. 260 of the standard Hebrew text].”
12.See Yerushalmi, Sanhedrin 7:13Bereishit Rabbah 39:14; Vayikra Rabbah 19:2; et al.
13.Pardes Rimonim, Shaar VI, ch. 6, et al.
14.I, 19b ff.
15.Parentheses are in the original text.
16.1:2, et passim.
17.Note of the Rebbe: “Including the formation (Yetzirah) of the Sefirot.”
18.Note of the Rebbe: “Not even of the yesh of Beriah, the proof of this being — and to the extent that — they are not [even of an apprehensible nature to created beings].”
19.Cf. Introduction to Tikkunei Zohar, p. 17a.
20.Shmot 33:23.
21.Pardes Rimonim, Shaar VI, ch. 6, et al.
22.Note of the Rebbe: “This is why even the creation of the kelim of the Ten Sefirot of Beriah, Yetzirah and Asiyah — which are not One, but separate entities — cannot come about through the process of ilah and alul.”
23.Note of the Rebbe: “So, too, regarding the yesh of Asiyah.”
24.P. 90b.
25.Iyov 28:12.
26.On Bereishit 1:1.

Rambam: Sefer Hamitzvos:
• Monday, 1 Tishrei, 5777 · 3 October 2016
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"

Negative Commandment 315
Cursing Judges
"You shall not curse the judge"—Exodus 22:27.
It is forbidden to curse a judge.
Full text of this Mitzvah »
• Cursing Judges

Negative Commandment 315
Translated by Berel Bell
The 315th prohibition is that we are forbidden from cursing a judge.
The source of this prohibition is G‑d's statement,1 "You shall not curse the judges."
One who transgresses this prohibition is punished with lashes.
FOOTNOTES
1.Ex. 22:27.
Negative Commandment 281
Listening to a Single Litigant
"You shall not raise a false report"—Exodus 23:1.
A judge may not listen to the arguments of one of the parties in a case if the other party is not present. This because, for the most part, arguments presented by a party when not in the presence of the opposing party are false. This mitzvah ensures that the judge doesn't approach the case with any untrue prejudice.
This prohibition also includes:
• The defendant may not present his case to the judge when not in the presence of his opponent [i.e., the prohibition applies to both the judge and the litigant].• Speaking lashon hara (evil gossip).• Listening to and believing lashon hara.• Giving false testimony.
Full text of this Mitzvah »
• Listening to a Single Litigant

Negative Commandment 281
Translated by Berel Bell
The 281st prohibition is that a judge is forbidden from hearing the claims of one of litigants if the other is not present.
The source of this prohibition is G‑d's statement,1 "Do not accept a false report."
The reason for this prohibition is that the majority of claims brought by one litigant without the other being present are false. The Torah therefore prohibited the judge from hearing such words, in order to keep him from having false and improper ideas in his mind.
The Mechilta2 says, "The verse, 'Do not accept a false report,' prohibits a judge from hearing the claim of one litigant without the other being present, and prohibits the litigant from speaking to the judge without the other litigant being present." Regarding this same prohibition the Torah commands,3 "Keep away from anything false," as explained in the 4th chapter of tractate Shavuos.4
Our Sages said that this prohibition also includes the prohibition against speaking loshon hora, listening to loshon hora, and giving false testimony, as explained in tractate Makkos.5
FOOTNOTES
1.Ibid., 23:1.
2.Ibid.
3.Ibid. 23:7.
4.31a.
5.23a.
Negative Commandment 316
Cursing a Leader
"Nor shall you curse the ruler of your people"—Exodus 22:27.
It is forbidden to curse the nasi. The term nasi applies to the individual in the highest position of power—whether that authority is governmental (i.e., the king), or in the realm of Torah (i.e., the sage who presides over the Sanhedrin, the Jewish Supreme Court).
Full text of this Mitzvah »

• Cursing a Leader
Negative Commandment 316
Translated by Berel Bell
The 316th prohibition is that we are forbidden from cursing a Nasi.1
The source of this prohibition is G‑d's statement2 (exalted be He), "A Nasi of your people do not curse."
The term Nasi is used in Scripture to refer to a king who has ruling authority, as in G‑d's statement,3 "If the Nasi sins..." As used in the words of our Sages, it refers solely to the head of the 70-member Sanhedrin. Throughout the Talmud and Mishneh we find mention of, "Nesi'im and heads of the High Court"; "Nasi and head of the High Court."4 Our Sages also said,5 "If a Nasi wants to overlook his honor, his honor may be overlooked. If a king wants to overlook his honor, his honor may not be overlooked."6
You should be aware that this prohibition includes both the Nasi [mentioned in the Talmud] and the king. The mitzvah comes to prohibit cursing anyone who is in the highest position of authority, regardless of whether his authority is in rulership [i.e., the king] or in Torah, i.e. the Yeshivah. This is apparent from the detailed description of this mitzvah.
One who transgresses this prohibition is punished with lashes.
FOOTNOTES
1.A leader (see below).
2.Ex. 22:27
3.Lev. 4:22.
4.See Chagigah 16b.
5.Sanhedrin 19b.
6.It is therefore clear that when the Sages use the term "Nasi," they do not refer to a King. Nevertheless, as the Rambam continues, this prohibition applies to both cases.
• Rambam - 1 Chapter: She'ar Avot haTum'ah She'ar Avot haTum'ah - Chapter 10
• She'ar Avot haTum'ah - Chapter 10


1
As we explained, every entity, whether a person or a k'li, that contracts impurity from a primary source of impurity is considered as a primary derivative of impurity until immersion in amikveh. After immersion, he or it is considered like a secondary derivative of impurity until nightfall, as implied by Leviticus 11:32: "It shall be inserted into water and it will be impure until evening, when it will become pure." Thus Scripture refers to an entity immersed that day as impure.
א
כל המתטמא באב מאבות הטומאות בין אדם בין כלים הרי הוא ראשון לטומאה כמו שביארנו עד שיטבול טבל הרי הוא כשני לטומאה עד שיעריב שמשו שנאמר במים יובא וטמא עד הערב וטהר הכתוב קרא לטבול יום טמא:
2
The same status applies both to one who immersed to purify himself from severe impurity, e.g., that of a zav, that connected with a human corpse, or tzara'at, and one who immersed to purify himself from the impurity stemming from the carcass of a teeming animal and the like. Any entity, whether a person or a k'li, that must wait until nightfall to regain purity, regardless of whether the impurity stems from Scriptural Law or the words of the Rabbis, is considered as a secondary derivative until nightfall.
ב
אחד טבול יום מטומאה חמורה כגון שטבל מזיבות מטומאת מת וצרעת ואחד טבול יום מטומאת שרץ וכיוצא בו כל הטעון הערב שמש בין אדם בין כלים בין מדברי תורה בין מדברי סופרים הרי הוא כשני לטומאה עד שיעריב שמשו:
3
Contact with a person who immersed himself that day disqualifies foods that are terumah, liquids that are terumah, sacrificial foods, and consecrated liquids. It disqualifies everything.
What is implied? If a person who immersed that day touches food that is terumah, he causes it to be considered a tertiary derivative of impurity, for he is a secondary derivative. Similarly, if he touches liquids that are terumah, he imparts impurity to them and they are considered tertiary derivatives of impurity. In the same vein, if such a person touches consecrated liquids, he imparts impurity to them and they are a fourth degree derivative of impurity. Similarly, if he touches consecrated food, he causes them to be considered a fourth degree derivative of impurity. If, however, he touches ordinary foods or ordinary liquids, they remain pure. The laws that apply to those who are lacking atonement and one who immersed himself are the same with regard to touching consecrated food.
From this entire discussion, one has learnt that liquids are never considered a secondary derivative. They are always considered as primary derivatives with the exception of liquids touched by a person who immersed himself that day which are considered as tertiary derivatives if they were terumah or a fourth degree derivative if they are consecrated foods.
ג
טבול יום פוסל אוכלי תרומה ומשקה תרומה ואוכלי הקדש ומשקה הקדש פוסל הכל כיצד טבול יום שנגע באוכלין של תרומה עשאן שלישי לטומאה מפני שהוא שני וכן אם נגע במשקין של תרומה טמאין והרי הן שלישי לטומאה נגע טבול יום במשקין של קדש טימאן והרי הן רביעי לטומאה וכן אם נגע באוכלי הקדש עשאן רביעי אבל אם נגע באוכלין חולין ומשקה חולין הרי הן טהורין ודין מחוסר כפורים וטבול יום בנגיעת הקודש אחד הוא הרי נתבאר לך מכל אלו הדברים שאין שם משקין שניות לעולם אלא המשקין תחילה לעולם חוץ ממשקין שנגע בהן טבול יום שהן שלישי אם היו תרומה או רביעי אם היו קדש:
4
Fluids, e.g., saliva or urine, produced by any of those who impart impurity - whether severe or light - are governed by the same laws as the liquids that they touch. They are all primary derivatives of impurity, as we explained, with the exception of those produced or touched by a zav and those like him. The fluids such individuals produce are primary sources of impurity, while the liquids they touch are primary derivatives of impurity. Even when a person contracts impurity by eating impure foods or drinking impure liquids, the fluids he produces are governed by the same laws as the liquids he touches, i.e., they are primary derivatives.
Similarly, the fluids produced by a person who immersed and is waiting for nightfall are governed by the same laws as the liquids he touches; they do not impart impurity to other entities at all. Instead, if such fluids touch ordinary liquids, they are pure. If they touch liquids that are terumah, they become tertiary derivatives of impurity. And if they touch consecrated liquids, they become fourth degree derivatives.
ד
כל המטמאין בין חמורין בין קלין משקין היוצאין מהן כגון רוקן ומימי רגליהן הרי הן כמשקין שנגעו בהן אלו ואלו ראשון לטומאה כמו שביארנו חוץ מזב וחבריו שמשקין היוצאין מהן אב טומאה ומשקין שהזב וחבריו נוגעין בהן תחלה אפילו אוכל אוכלין טמאין או שותה משקין טמאין המשקין היוצאין ממנו קודם שיטבול כמו המשקין שנגע בהן שהן תחילה וכן טבול יום משקין היוצאין ממנו כמשקין שהוא נוגע בהן שאין מטמאין אחרים כלל אלא אם נגע במשקה חולין הרי הן טהורין ואם נגע במשקה תרומה הרי הן שלישי ואם נגע במשקה קדש הרי הן רביעי:
5
From the above, it should be clear that a tertiary derivative that is terumah or a fourth degree derivative that is consecrated does not impart impurity to other liquids or other foods. Needless to say, it does not impart impurity to keilim.
Therefore, the following rules apply when there was a pot full of liquids and a person who had immersed that day touches it. If they were ordinary liquids, everything is pure. If the liquids wereterumah, the liquids are disqualified, but the pot is pure. If only the person's hands were impure, the liquids are impure, whether they are terumah or ordinary liquids. This is a stringency observed with regard to impure hands that does not apply to a person who immersed that day.
There is a stringency observed with regard to a person who immersed that day that does not apply to impure hands: If there is a question regarding the status of a person who immersed that day, he disqualifies foods and liquids he touches because of that question. If, by contrast, the status of a person's hands is in doubt, the entities he touches are pure, as will be explained.
ה
ועתה יתבאר לך שאין שלישי שבתרומה ולא רביעי שבקדש מטמא משקה אחר או אוכל אחר ואין צ"ל שאין מטמאין כלים לפיכך קדירה שמליאה משקין ונגע בה טבול יום אם היה משקה חולין הכל טהור ואם היה משקה תרומה המשקין פסולין והקדירה טהורה ואם היו ידיו טמאות המשקה טמא בין משקה תרומה בין משקה חולין וזה חומר בידים מבטבול יום וחומר בטבול יום מבידים טמאות שספק טבול יום פוסל מספק וספק הידים טהור כמו שיתבאר:
6
Both a person who was pure, but his hands contracted impurity and a person who immersed that day whose hands contracted impurity, impart impurity to ordinary liquids to cause them to be considered as primary derivatives of impurity that impart impurity to foods and liquids, as we explained.
Since the fluids discharged by a person who immersed that day are governed by the same laws as the liquids he touches, if the saliva or the urine of a person who immersed that day falls on a loaf of bread that is terumah, it is pure, because the fluids are like the liquids that he touches.
ו
אחד טהור שהיו ידיו טמאות או טבול יום שידיו טמאות ה"ז מטמא משקה חולין ועושה אותן תחלה לטמא אוכלין ומשקין כמו שביארנו ומאחר שמשקה שיצא מטבול יום כמשקין שנגע בהן טבול יום שנפל מרוקו או מימי רגליו על ככר של תרומה ה"ז טהור מפני שהן כמשקין שנגע בהן:
7
From all the concepts that we have stated previously, it is possible to comprehend that a person may become a source of impurity and he may be a primary derivative of impurity according to Scriptural Law. A person will be considered as a secondary derivative only according to Rabbinic Law. This refers to one who partakes of impure foods or drinks impure beverages or one who inserts his head and the majority of his body into drawn water. In all of these instances, the person is a secondary derivative of impurity according to Rabbinic Law.
Similarly, all types of keilim with the exception of earthenware containers can become primary sources of impurity or primary derivatives of impurity according to Scriptural Law. A k'li will be considered as a secondary derivative only according to Rabbinic Law; i.e., if it contracted impurity from impure liquids, it will be a secondary derivative according to Rabbinic Law, as we explained.
ז
מכל אלו הדברים שהקדמנו לבארם אתה למד שהאדם יהיה אב לטומאה ויהיה ראשון לטומאה מדברי תורה ולעולם לא יהיה האדם שני אלא מדברי סופרים והוא האוכל אוכלין טמאים או השותה משקין טמאין או הבא ראשו ורובו במים שאובין שכל אלו כשני לטומאה מדבריהם וכן שאר כל הכלים חוץ מכלי חרס יהיו אב טומאה ויהיו ראשון לטומאה מדברי תורה ולא יהיה הכלי לעולם שני לטומאה אלא מד"ס שאם יטמא במשקין טמאים יהיה שני מדבריהן כמו שביארנו:
8
We already explained, that an earthenware container will never become a primary source of impurity, neither according to Scriptural Law, nor according to Rabbinic Law. It may become a primary derivative of impurity according to Scriptural Law and a secondary derivative according to Rabbinic Law if it contracted impurity from liquids, like other keilim. Neither persons, nor keilimever become a third degree or a fourth degree derivative of impurity, neither according to Scriptural Law, nor according to Rabbinic Law.
ח
כבר ביארנו שכלי חרס לא יהיה אב טומאה לעולם לא מדברי תורה ולא מד"ס ויהיה ראשון לטומאה מדברי תורה ושני מדבריהן אם נטמא במשקין כשאר הכלים ולא יהיה האדם ולא הכלים שלישי ולא רביעי לעולם לא מדברי תורה ולא מדברי סופרים:
9
Foods will never become a primary source of impurity, neither according to Scriptural Law, nor according to Rabbinic Law. They may become primary and secondary derivatives of impurity according to Scriptural Law. For if a person or k'li that is a primary derivative of impurity touches food, it causes it to be considered a secondary derivative.
According to the Sages alone, foods may become third degree derivatives or fourth degree derivatives.
ט
האוכלים לא יהיו אב טומאה לעולם לא מדברי תורה ולא מדבריהם ויהיו ראשון ושני מדברי תורה שהאדם או הכלי שהוא ראשון לטומאה אם נגע באוכל עשאוהו שני והאוכלין יהיו שלישי ורביעי לטומאה מדבריהן בלבד:
10
Liquids, e.g., the water on which the ashes of the red heifer have been sprinkled or the saliva or urine of a zav, may become primary sources of impurity according to Scriptural Law. And they may become primary derivatives of impurity according to Scriptural Law, e.g., if they touched a primary source of impurity. Similarly, if liquids touched a derivative of impurity - whether a person or a k'li - they contract impurity according to Scriptural Law and are considered as primary derivatives to impart impurity to other entities according to Rabbinic decree. Similarly, if liquids touched a secondary derivative of impurity - whether a person, ak'li, or foods, they are considered as primary derivatives to impart impurity to other entities according to Rabbinic decree, as we explained.
Similarly, liquids can become third degree derivatives or fourth degree derivatives according to Rabbinic decree. What is implied? If a person who immersed that day touches a liquid that is terumah, he causes it to be considered a third degree derivative. If he touches a consecrated liquid, he causes it to be considered a fourth degree derivative. There is no concept of a liquid being considered as a secondary derivative or indeed, anything other than a primary derivative except liquids touched by or fluids discharged by a person who immersed that day or one who is lacking atonement with regard to consecrated liquids, in which instance, he disqualifies them, but does not make them impure, as we explained.
י
המשקין יהיו אב טומאה מדברי תורה כגון מי חטאת ורוק הזב ומימי רגליו ויהיו ראשון לטומאה מדברי תורה כגון שנגעו באב מאבות הטומאות וכן אם נגעו המשקין בולד הטומאה בין אדם בין כלים נטמאו מדברי תורה והרי הן כראשון לטומאה לטמא אחרים מדבריהן וכן אם נגעו בשני בין אדם בין כלים בין באוכלין נעשו ראשון לטמא אחרים מדבריהם כמו שביארנו ויהיו המשקין שלישי ורביעי מדבריהם כיצד אם נגע טבול יום במשקה תרומה עשאהו שלישי ואם נגע במשקה קדש עשאהו רביעי ואין אתה מוצא משקין שניות לעולם ולא משקה שאינו תחלה חוץ ממשקה טבול יום או מחוסר כפורים בקדש כמו שביארנו שהוא פוסל מדבריהם ואינו מטמא:

• Rambam - 3 Chapters: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 22, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 23, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 24 
• Sanhedrin veha`Onashin haMesurin lahem - Chapter 22

1
When two people come before a judge, one soft and one harsh - before he hears their words, or even after he hears their words, but does not know the direction in which the judgment is leaning - he has the license to tell them: "I will not involve myself with you," lest the harsh litigant be held liable and seek vengeance from the judge.
After he hears their words and knows in which direction the judgment is leaning, he does not have the license to tell them: "I will not involve myself with you," as Deuteronomy 1:18 states: "Do not be intimidated by any person." That verse implies that one should not say: "So-and-so is wicked, maybe he will kill my son, set fire to my crops, or cut down my trees." If he was an expert appointed to judge the many, he is obligated to involve himself with them in all circumstances.
א
שנים שבאו לפניך לדין אחד רך ואחד קשה עד שלא תשמע את דבריהם או משתשמע את דבריהם ואי אתה יודע להיכן הדין נוטה אתה רשאי לומר להם איני נזקק לכם שמא יתחייב הקשה ונמצא רודף אחר הדיין אבל משתשמע את דבריהם ותדע להיכן הדין נוטה אי אתה רשאי לומר איני נזקק לכם שנאמר לא תגורו מפני איש שלא תאמר איש פלוני רשע הוא שמא יהרוג את בני שמא ידליק את גדישי שמא יקצץ נטיעותי ואם היה ממונה לרבים חייב להזקק להם:
2
Similarly, if a student was sitting before his master and became aware of a factor that would vindicate a poor person and obligate his rich adversary, he transgresses the above commandment if he remains silent. Concerning such matters,Exodus 23:7 states: "Keep distant from words of falsehood."
What is the source which teaches that a judge should not have an underdeveloped student sit before him? It is written: "Keep distant from words of falsehood."
ב
וכן תלמיד שהיה יושב לפני רבו וראה זכות לעני וחובה לעשיר אם שתק הרי זה עובר משום לא תגורו מפני איש ועל זה נאמר מדבר שקר תרחק ומנין לדיין שלא יושיב תלמיד בור לפניו תלמוד לומר מדבר שקר תרחק:
3
What is the source which teaches that a student who sees his teacher erring with regard to a judgment should not say: "I will wait until he renders judgment. Then I will refute his ruling and then construct a new one so that the judgment will be quoted in my name"? It is written: "Keep distant from words of falsehood."
ג
ומנין לתלמיד שראה רבו שטועה בדין שלא יאמר אמתין לו עד שיגמר הדין ואסתרנו ואביננו כדי שיקרא הדין על שמי תלמוד לומר מדבר שקר תרחק:
4
At the outset, it is a mitzvah to ask the litigants: "Do you desire a judgment or a compromise?" If they desire a compromise, a compromise is negotiated. Any court that continuously negotiates a compromise is praiseworthy. Concerning this approach, Zechariah 8:16 states: Adjudicate a judgment of peace in your gates." Which judgment involves peace? A compromise. Similarly, with regard to King David it is stated: "And David carried out justice and charity for his entire people." When does justice involve charity? When a compromise is made.
When does the above apply? Before a judgment is rendered. Even though the judge has already heard their arguments and knows the direction in which the judgment is heading, it is a mitzvah to negotiate a compromise. Once the judgment is rendered and he declares: "So-and-so, your claim is vindicated; so-and-so, you are liable," he may not negotiate a compromise. Instead, let the judgment pierce the mountain.
ד
מצוה לומר לבעלי דינים בתחילה בדין אתם רוצים או בפשרה אם רצו בפשרה עושין ביניהן פשרה וכל בית דין שעושין פשרה תמיד הרי זה משובח ועליו נאמר משפט שלום שפטו בשעריכם אי זהו משפט שיש עמו שלום הוי אומר זה ביצוע וכן בדוד הוא אומר ויהי דוד עושה משפט וצדקה לכל עמו איזהו משפט שיש עמו צדקה הוי אומר זהו ביצוע והיא הפשרה בד"א קודם גמר דין אע"פ ששמע דבריהם וידע להיכן הדין נוטה מצוה לבצוע אבל אחרי שגמר הדין ואמר איש פלוני אתה זכאי איש פלוני אתה חייב אינו רשאי לעשות פשרה ביניהן אלא יקוב הדין את ההר:
5
Although the litigants agreed to a compromise in court, the judges have the authority to demand a judgment until the litigants confirm their commitment to the compromise with a kinyan.
ה
אף על פי שרצו בעלי הדין בפשרה בבית דין יש להם לחזור ולתבוע את הדין עד שיקנו מיד שניהם:
6
A compromise has greater legal power than a judgment. If two ordinary people rendered a judgment, their judgment is not binding and the litigants need not accept it. If, however, such individuals negotiated a compromise and the litigants affirmed their agreement with a kinyan, they may not retract.
ו
יפה כח פשרה מכח הדין ששני הדיוטות שדנו אין דיניהן דין ויש לבעלי דינין לחזור בהן ואם עשו פשרה וקנו מידן אין יכולין לחזור בהן:
7
After leaving the court, it is forbidden for any of the judges to say: "I was the one who vindicated you or held you liable and my colleagues differed with me. What could I do? They outnumbered me." If he says this, he is among those to whom the words of censure, Proverbs 11:13,: "He proceeds gossiping, revealing secrets" is applied. An incident occurred with regard to one student who revealed the private conversations in the House of Study 22 years later. The court had him removed from the House of Study and denounced him as "a revealer of secrets."
ז
אסור לאחד מן הדיינים כשיצא מבית דין לומר אני הוא המזכה או המחייב וחברי חולקין עלי אבל מה אעשה שהם רבו עלי ואם אמר כן הרי הוא בכלל הולך רכיל מגלה סוד ומעשה בתלמיד אחד שהוציא דברים שנאמרו בבית המדרש לאחר שתים ועשרים שנה והוציאוהו בית דין מבית המדרש והכריזו עליו זה מגלה סוד הוא:
8
If either of the litigants asks the court to compose a record of the judgment, they write it for him in the following manner: "So-and-so came to this-and-this court with so-and-so, the opposing litigant, claiming this-and-this. He was vindicated" or "...held liable." The record is given to him without it mentioning the names of those who vindicated him or those who held him liable. Instead, it says merely "From the statements of the court of such-and-such, so-and-so was vindicated."
ח
שאל אחד מבעלי דינים לכתוב לו פסק דין כותבין לו כך בא פלוני לבית דין של פלוני עם פלוני בעל דינו שטענו בכך ויצא זכאי או חייב ונותנין לו ואין מזכירין שם המזכין ולא שם המחייבין אלא בית דין של פלוני מדבריהם נזדכה פלוני:
9
This was the custom of the men of Jerusalem: "They would bring the litigants into the court and listen to their statements and claims. They would then bring in the witnesses and listen to their statements. Afterwards, the judges would have all others removed and would debate the matter among themselves until they came to a decision. Afterwards, they would call the litigants in and the judge of the greatest stature declares: "So-and-so, your claim is vindicated; so-and-so, you are liable." In this way, the litigants do no know which judge vindicated him and which judge held him liable.
ט
כך היה מנהגם של אנשי ירושלים מכניסין בעלי דינין ושומעים דבריהם וטענותיהם ומכניסים העדים ושומעים דבריהם ומוציאין כל אדם לחוץ והדיינים נושאים ונותנים ביניהם בדבר וגומרין את הדבר ואחר כך מכניסין בעלי דינים וגדול שבדיינים אומר איש פלוני אתה זכאי איש פלוני אתה חייב כדי שלא ידע אחד מבעלי דינים אי זה דיין הוא מי שזכה אותו ולא אי זה דיין הוא שחייבו:
10
When a judge knows that a colleague is a robber or a wicked person, it is forbidden for him to sit in judgment with him, as it is stated: "Keep distant from words of falsehood."
This is the practice that would be followed by Jerusalem's men of refined character: They would not sit to participate in a judgment unless they knew who would sit with them. They would not sign a legal document unless they knew who would sign with them. And they would not enter a feast until they knew who would be joining them.
י
דיין שהוא יודע בחבירו שהוא גזלן או רשע אסור להצטרף עמו שנאמר מדבר שקר תרחק וכך היו נקיי הדעת שבירושלים עושין אין יושבין בדין עד שידעו עם מי הם יושבים ולא חותמים את השטר עד שידעו מי חותם עמהם ולא נכנסים לסעודה עד שידעו מי מיסב עמהן:

Sanhedrin veha`Onashin haMesurin lahem - Chapter 23


1
Deuteronomy 16:19 states: "Do not take a bribe." Needless to say, this command applies if the intent is to pervert judgment. The verse is teaching that it is forbidden for a bribe to be given even to vindicate the just and to obligate the one who is liable; the judge transgresses a negative commandment. Such a person is included in the malediction, Deuteronomy 27:25: "Cursed by he who takes a bribe." He is required to return the bribe if he is demanded to by the giver.
א
לא תקח שוחד אין צריך לומר לעות את הדין אלא אפילו לזכות את הזכאי ולחייב את החייב אסור ועובר בלא תעשה והרי הוא בכלל ארור לוקח שוחד וחייב להחזיר השוחד כשיתבענו הנותן:
2
Just as the recipient transgresses a negative commandment; so, too, does the giver, as [Leviticus 19:14] states: “Do not place a stumbling block before the blind1.”
ב
וכשם שהלוקח עובר בלא תעשה כך הנותן שנאמר ולפני עור לא תתן מכשול:
3
Any judge who sits and seeks to amplify his reputation in order to cause the wages of his attendants and scribes to be enhanced is included among those who seek after profit. This is what the sons of Samuel did. Hence I Samuel 8:3 describes them as being "inclined to profit and taking bribery."
The above applies not only to a bribe of money, but a bribe of all things. An incident occurred concerning a judge who stood up in a small boat, as he was crossing a river. A person extended his hand and helped him as he was standing. Later that person came before the judge with a case. The judge told him: "I am unacceptable to serve as a judge for you."
Another incident took place where a person removed a feather from a fowl from a judge's scarf and another person covered some spittle that was lying before the judge and the judge told them: "I am unacceptable to serve as a judge for you." Another incident took place concerning a person who brought one of the presents given to priests to a judge who as a priest. The judge told him: "I am unacceptable to serve as a judge for you."
And another incident took place concerning a sharecropper of a field belonging to a judge who would bring him figs from his field every Friday. Once he came earlier and brought him the figs on Thursday, because he had a judgment over which he desired that the judge preside. The judge told him: "I am unacceptable to serve as a judge for you." This applies although the figs belonged to the judge. Since he brought them earlier than the ordinary time, that favor caused him to be disqualified as a judge.
ג
כל דיין שיושב ומגדל מעלתו כדי להרבות שכר לחזניו ולסופריו הרי הוא בכלל הנוטים אחרי הבצע וכן עשו בני שמואל ולכך נאמר להם ויטו אחרי הבצע ויקחו שחד ולא שחד ממון בלבד אלא אפילו שחד דברים ומעשה בדיין אחד שהיה עולה בדוגית קטנה לעבור בנהר ופשט אחד ידו וסייעו בעלייתו והיה לו דין ואמר לו הדיין הריני פסול לך לדין ומעשה באחד שהעביר אברה נוצה של עוף מעל רדיד הדיין ואחר כסה רוק מלפני הדיין ואמר לו הריני פסול לך לדין ומעשה באחד שהביא מתנה אחת ממתנות כהונה לדיין כהן ואמר לו פסול אני לך לדין ומעשה באריס אחד של דיין שהיה מביא לו תאנים מתוך שדהו מערב שבת לערב שבת פעם אחת הקדים והביא בחמישי בשבת מפני שהיה לו דין ואמר לו הדיין הריני פסול לך לדין אע"פ שהתאנים משל דיין הואיל והביאן שלא בזמנם נפסל לו לדין:
4
Whenever a judge borrows an article, he is unacceptable to serve as a judge for the person who lent him the article. When does the above apply? When the judge does not have articles to lend him in return. If, however, the judge possessed articles to lend in return, it is acceptable for him to serve as a judge, for that person will also borrow from him.
ד
כל דיין ששאל שאלה פסול לדין לזה שהשאילו במה דברים אמורים בשלא היה לו לדיין להשאיל אבל היה לו להשאיל כשר שהרי גם זה שואל ממנו:
5
Whenever a judge takes a wage for adjudicating a case, his judgments are nullified. This applies only when it is not evident that he is receiving compensation for losing his wages. If, however, he was involved in his profession and two people came to him for a judgment and he told them: "Provide me with a person who will work in stead of me and I will adjudicate your case or pay me for the wages that I will forfeit," this is permitted.
This leniency is permitted provided it is evident that the wage is merely in lieu of his hire, but no more and he takes equal payment from both of the litigants, receiving payment from each one in the presence of the other.
ה
כל דיין שנוטל שכרו לדון דיניו בטלים והוא שלא יהיה שכר הניכר אבל אם היה עוסק במלאכתו ובאו לפניו שנים לדין ואמר להן תנו לי מי שיעשה תחתי עד שאדון לכם או תנו לי שכר בטלתי הרי זה מותר והוא שיהיה הדבר ניכר שהוא שכר הבטלה בלבד ולא יותר ויטול משניהם בשוה זה בפני זה כגון זה מותר:
6
A judge may not adjudicate the case of a friend. This applies even if the person is not a member of his wedding party or one of his more intimate companions. Similarly, he may not adjudicate the case of one he hates. This applies even if the person is not his enemy and one whose misfortune he seeks. Instead, the two litigants must be looked upon equally in the eyes and in the hearts of the judges. If the judge does not know either of them and is not familiar with their deeds, this is the fairest judgment that could be.
ו
אסור לדיין לדון למי שהוא אוהבו אע"פ שאינו שושבינו ולא ריעו אשר כנפשו ולא למי ששונאו אף על פי שאינו אויב לו ולא מבקש רעתו אלא צריך שיהיו שני בעלי דינים שוין בעיני הדיינים ובלבם ואם לא היה מכיר את אחד מהם ולא מעשיו אין לך דיין צדק כמוהו:
7
Whenever two Torah scholars hate each other, they are forbidden to act as judges together. For this will lead to a contorted judgment. The hatred each one of them bears for the other will cause him to overturn his colleague's words.
ז
כל שני תלמידי חכמים ששונאים זה את זה אסורין לישב בדין זה עם זה שדבר זה גורם ליציאת משפט מעוקל מפני השנאה שביניהן דעת כל אחד נוטה לסתור דברי חבירו:
8
A judge should always see himself as if a sword is drawn on his neck and Hell is open before him. He should know Who he is judging, before Whom he is judging, and Who will ultimately exact retribution from him if he deviates from the path of truth, as indicated by Psalms 82:1: "God stands among the congregation of the Almighty." And II Chronicles 19:6 states: "See what you are doing. For you are not judging for man's sake, but for God's."
ח
לעולם יראה דיין עצמו כאילו חרב מונחת לו על צוארו וגיהנם פתוחה לו מתחתיו וידע את מי הוא דן ולפני מי הוא דן ומי עתיד להפרע ממנו אם נטה מקו האמת שנאמר אלהים נצב בעדת אל ואומר ראו מה אתם עושים כי לא לאדם תשפטו כי לה':
9
Whenever a judge does not render a genuinely true judgment, he causes the Divine presence to depart from Israel. Whenever a judge expropriates money from one litigant and gives it to the other unlawfully, God exacts retribution from his life, asProverbs 22:23 states: "He will exact payment from the soul of one who exacts payment."
Conversely, when a judge adjudicates a case in a genuinely true manner for even one moment, it is as if he has corrected the entire world and he causes the Divine Presence to rest within Israel, as implied by the verse: "God stands among the congregation of the Almighty." If a judge will ask: "Why should involve myself in this difficulty?" He should know that it is written: II Chronicles, loc. cit.: "He is with you in the matter of judgment." Nor should the judge worry about erring. A judge may only base his judgment on what his eyes see.
ט
כל דיין שאינו דן דין אמת לאמתו גורם לשכינה שתסתלק מישראל וכל דיין שנוטל מזה ונותן לזה שלא כדין הקדוש ברוך הוא גובה ממנו נפשות שנאמר וקבע את קובעיהם נפש וכל דיין שדן דין אמת לאמתו אפילו שעה אחת כאילו תקן את כל העולם כולו וגורם לשכינה שתשרה בישראל שנאמר אלהים נצב בעדת אל ושמא יאמר הדיין מה לי ולצרה הזאת תלמוד לומר ועמכם בדבר משפט אין לדיין אלא מה שעיניו רואות:
10
At the outset, a judge should always look at the litigants as if they were wicked and operate under the presumption that both of them are lying. He should adjudicate according to his perception of the situation. When they depart, having accepted the judgment, he should view them both as righteous, seeing each of them in a favorable light.
י
ולעולם יהיו בעלי דינין לפניך כרשעים ובחזקת שכל אחד מהן טוען שקר ודון לפי מה שתראה מן הדברים וכשיפטרו מלפניך יהיו בעיניך כצדיקים כשקבלו עליהם את הדין ודון כל אחד מהם לכף זכות:
FOOTNOTES
1.
As the Rambam states in Hilchot Rotzeach 12:14, this prohibition forbids placing moral stumbling blocks in a person’s path.

Sanhedrin veha`Onashin haMesurin lahem - Chapter 24



1
A judge may adjudicate cases involving monetary law bases on factors that he is inclined to regard as true and concerning which he feels strongly in his heart are correct even though he does not have proof of the matters. Needless to say, that if he personally knows that a matter is true, he may judge the case according to his knowledge.
What is implied? A person was obligated to take an oath by the court. A person who the judge regards as trustworthy and upon whose word the judge relies tells him that this person is suspect to take a false oath. The judge may reverse the obligation for the oath and place it on the other litigant, allowing him to take an oath and collect his claim because the judge relied on the statements of this person.
Moreover, even if he regards a woman or a servant as trustworthy, should he feel strongly that the matter about which they are speaking is correct, he may rely on their statement and judge accordingly. Needless to say, if he himself knows that a person is suspect to take a false oath, he may judge accordingly.
Similarly, when a promissory note comes before him and a person upon whom he relies - even a woman or a relative - says that it has been repaid, if he trusts his word, he may tell the bearer of the note: "Payment will be required only when an oath is taken." Similarly, if the alleged debtor is also indebted to another person, the judge may have the debtor pay the creditor whose promissory note was not impugned at all and leave the promissory note that was impugned by the person's testimony unpaid. Or he may reject the promissory note and not consider it in judgment if he sees fit.
Similar laws apply if a person comes and claims that he entrusted an article to so-and-so who died and identified the article with extremely precise descriptive marks. If the claimant did not frequent the home of the deceased, and if the judge knows that the deceased did not have the means to own such an article and he firmly believes that the article did not belong to the deceased, the article may be expropriated from the heirs and given to the person provided he has the means to own it and identified it with descriptive marks. Similar laws apply in all analogous situations.
These matters are solely given over to the heart of the judge to decide according to what he perceives as being a true judgment. Why then did the Torah require two witnesses? Because when two witnesses appear before a judge, he must judge according to their testimony whether or not he knows it to be true.
א
יש לדיין לדון בדיני ממונות על פי הדברים שדעתו נוטה להן שהן אמת והדבר חזק בלבו שהוא כן אף על פי שאין שם ראיה ברורה ואין צריך לומר אם היה יודע בודאי שהדבר כן הוא שהוא דן כפי מה שיודע כיצד הרי שנתחייב אדם שבועה בב"ד ואמר לדיין אדם שהוא נאמן אצלו ושדעתו סומכת על דבריו שזה האיש חשוד על השבועה יש לדיין להפוך השבועה על שכנגדו וישבע ויטול הואיל וסמכה דעתו של דיין על דברי זה אפילו היתה אשה או עבד נאמנים אצלו הואיל ומצא הדבר חזק ונכון בלבו סומך עליו ודן ואין צריך לומר אם ידע הוא עצמו שזה חשוד: וכן אם יצא שטר חוב לפניו ואמר לו אדם שסמך עליו אפילו אשה או קרוב זה פרוע הוא אם סמכה דעתו על דבריו יש לו לומר לזה לא תפרע אלא בשבועה או אם היה עליו שטר חוב לאחר יתן לזה שלא נפגם שטרו כלל ויניח זה שנפגם שטרו בדברי האחד או ישליך השטר בפניו ולא ידון בו כפי מה שיראה וכן מי שבא וטען שיש לו פקדון אצל פלוני שמת בלא צואה ונתן סימנין מובהקין ולא היה זה הטוען רגיל להכנס בבית זה האיש שמת אם ידע הדיין שזה המת אינו אמוד להיות לו חפץ זה וסמכה דעתו שאין זה החפץ של מת מוציאו מן היורשין ונותנו לזה האמוד בו ונתן סימנים וכן כל כיוצא בזה שאין הדבר מסור אלא ללבו של דיין לפי מה שיראה לו שהוא דין האמת אם כן למה הצריכה תורה שני עדים שבזמן שיבואו לפני הדיין שני עדים ידון על פי עדותן אע"פ שאינו יודע אם באמת העידו או בשקר:
2
All of the matters mentioned above are the fundamental standard of law. Nevertheless, when courts which were not fitting - not necessarily courts which were not upright, but even those whose deeds were just, but whose judges were not sufficiently wise and masters of understanding - proliferated, the majority of the courts among the Jewish people agreed not to reverse oaths unless there was clear proof that a litigant was suspect of taking a false oath. Similarly, they agreed not to disqualify a promissory note on the basis of the testimony of a woman or an unacceptable witness, nor accept their testimony with regard to all other judgments, nor to judge according to the inclinations of one's thoughts without firm knowledge.
The rationale for this stringency is to prevent any simple person from saying: "My heart trusts this person's words and my mind relies on this." Similarly, we do not expropriate property from orphans unless there is clear proof . We do not rely on the judge's opinion, the evaluation of the deceased's financial capacity, or that of the claimant. Even though a trustworthy person delivered testimony concerned a certain matter and the mind of the judge was inclined to believe that he was telling the truth, he should hesitate in judgment. He should not reject his testimony. Instead, he should mediate between the litigants until they accept the testimony of the witness or agree to a compromise. Alternatively, the judge may withdraw from the case.
ב
כל אלו הדברים הן עיקר הדין אבל משרבו בתי דינין שאינן הגונים ואפילו היו הגונים במעשיהם אינן חכמים כראוי ובעלי בינה הסכימו רוב בתי דיני ישראל שלא יהפכו שבועה אלא בראיה ברורה ולא יפגמו שטר ויפסידו חזקתו בעדות אשה או פסול וכן בשאר כל הדינין ולא ידון הדיין בסמיכת דעתו ולא בידיעתו כדי שלא יאמר כל הדיוט לבי מאמין לדברי זה ודעתי סומכת על זה וכן אין מוציאין מן היתומים אלא בראיה ברורה לא בדעת הדיין ולא באומדן המת או הטוען ואעפ"כ אם העיד אדם נאמן בדבר מכל הדברים ונטתה דעת הדיין שאמת הוא אומר ממתין בדין ואינו דוחה עדותו ונושא ונותן עם בעלי דינין עד שיודו לדברי העד או יעשו פשרה או יסתלק מן הדין:
3
What is the source which teaches that a judge who knows that a claim is contrived should not say: "I will deliver a judgment and the responsibility will lie with the witnesses"? It is writtenExodus 23:7: "Keep distant from words of falsehood."
What shall he do? He should question and cross-examine the witnesses exceedingly, following the cross-examination process employed in cases involving capital punishment. If it appears to him according to his understanding that there is no deception, he should deliver a judgment. If, however,
a) he still has hesitations because he feels that deception is involved,
b) he does not rely on the testimony of the witnesses although he cannot disqualify them,
c) he feels that one of the litigants is a deceiver and a beguiler and misled the witnesses even though they are fit to testify and testified honestly, it is only that the litigant led them astray, or
d) that from the things that were said, he feels that there are hidden factors which they do not desire to reveal,
in these and in all similar matters, it is forbidden for him to deliver a ruling. Instead, he should withdraw from this judgment and allow it to be decided by someone whose heart is at peace with the matter. These matters are given over to a person's heart. Concerning these Deuteronomy 1:17 states: "Judgment is God's."
ג
ומנין לדיין שהוא יודע בדין שהוא מרומה שלא יאמר אחתכנו ויהיה הקולר תלוי בצוארי העדים תלמוד לומר מדבר שקר תרחק כיצד יעשה ידרוש בו ויחקור הרבה בדרישה ובחקירה של דיני נפשות אם נראה לו לפי דעתו [שאין בו רמאות חותך את הדין על פי העדות אבל אם היה לבו נוקפו] שיש בו רמאות או שאין דעתו סומכת על דברי העדים אע"פ שאינו יכול לפסלן או שדעתו נוטה שבעל דין זה רמאי ובעל ערמה והשיא את העדים אע"פ שהם כשרים ולפי תומם העידו וזה הטעם או שנראה לו מכלל הדברים שיש שם דברים אחרים מסותרין ואינן רוצים לגלותם כל אלו הדברים וכיוצא בהן אסור לו לחתוך אותו הדין אלא יסלק עצמו מדין זה וידיננו מי שלבו שלם בדבר והרי הדברים מסורים ללב והכתוב אומר כי המשפט לאלהים הוא:
4
A court has the authority to administer lashes to a person who is not required to receive lashes and to execute a person who is not liable to be executed. This license was not granted to overstep the words of the Torah, but rather to create a fence around the words of the Torah. When the court sees that the people have broken the accepted norms with regard to a matter, they may establish safeguards to strengthen the matter according to what appears necessary to them. All the above applies with regard to establishing directives for the immediate time, and not with regard to the establishment of halachah for all time.
An incident occurred where they had a man lashed for engaging in relations with his wife under a tree. And an incident occurred concerning a person who rode on a horse on the Sabbath in the era of the Greeks and they brought him to the court and had him stoned to death. And an incident occurred and Shimon ben Shetach hung 80 women on one day in Ashkelon. All of the required processes of questioning, cross-examination, and warnings were not followed, nor was the testimony unequivocal. Instead, their execution was a directive for that immediate time according to what he perceived as necessary.
ד
יש לבית דין להלקות מי שאינו מחוייב מלקות ולהרוג מי שאינו מחוייב מיתה ולא לעבור על דברי תורה אלא לעשות סייג לתורה וכיון שרואים בית דין שפרצו העם בדבר יש להן לגדור ולחזק הדבר כפי מה שיראה להם הכל הוראת שעה לא שיקבע הלכה לדורות מעשה והלקו אדם שבעל אשתו תחת אילן ומעשה באחד שרכב על סוס בשבת בימי יוונים והביאוהו לבית דין וסקלוהו ומעשה ותלה שמעון בן שטח שמונים נשים ביום אחד באשקלון ולא היו שם כל דרכי הדרישה וחקירה וההתראה ולא בעדות ברורה אלא הוראת שעה כפי מה שראה:
5
Similarly, at any time, and in any place, a court has the license to give a person lashes if he has a reputation for immorality and people gossip about him, saying that he acts licentiously. This applies provided the rumor is heard continuously, as we explained, and he does not have any known enemies who would spread this unfavorable report. Similarly, a person with such an unsavory reputation may be humiliated and scorn may be heaped on his mother in his presence.
ה
וכן יש לבית דין בכל מקום ובכל זמן להלקות אדם ששמועתו רעה והעם מרננים עליו שהוא עובר על העריות והוא שיהיה קול שאינו פוסק כמו שביארנו ולא יהיו אלו אויבים ידועים שמוציאין עליו שמועה רעה וכן מבזין את זה ששמועתו רעה ומחרפין את יולדתו בפניו:
6
Similarly, at all times, a court has the prerogative to declare money belonging to others as ownerless. It may destroy those funds or give them to whomever they see fit to close any breaches in the faith and to strengthen its observance or to penalize a stubborn and difficult person. The Book of Ezra 10:8 states: "Whoever fails to come in three days according to the advice of the officers and the elders will have all of his property confiscated." From this we learn that when a court declares property ownerless, their declaration is effective.
ו
וכן יש לדיין תמיד להפקיר ממון שיש לו בעלים ומאבד ונותן כפי מה שיראה לגדור פרצות הדת ולחזק הבדק או לקנוס אלם זה והרי הוא אומר בעזרא וכל אשר לא יבוא לשלשת הימים כעצת השרים והזקנים יחרם כל רכושו מכאן שהפקר בית דין הפקר:
7
Similarly, a judge may apply a ban of ostracism or excommunication to a person to whom these measures would not ordinarily be applied according to his perception of what is necessary at that time. He should state that he is ostracizing him or excommunicating him on his own conviction and should publicize his transgression in public. This is indicated by Judges 5:23: "'Curse Meroz,' said the angel of G‑d. 'Curse him. Those who dwell with him are cursed, because they did not come to the aid of God's people.'"
ז
וכן יש לדיין לנדות ולהחרים מי שאינו בן נידוי כדי לגדור פרץ כפי מה שיראו לו והשעה צריכה לכך ויאמר שנידהו והחרימהו על דעתו ויפרסם חטאו ברבים שנאמר אורו מרוז אמר מלאך ה' אורו ארור יושביה כי לא באו לעזרת ה':
8
Similarly, a judge may enter into a controversy with a person with whom it is necessary to enter into controversy, cursing him, having him beaten, having his hair pulled out, and compelling him to take an oath to God against his will so that he will not perform or that he did not perform a specific action, as Nechemiah 13:25 states: "I entered into controversy with them; I cursed them; I beat people among them; I tore their hair out, and I made them take an oath to God."
ח
וכן יש לדיין לעשות מריבה עם הראוי לריב עמו ולקללו ולהכותו ולתלוש שערו ולהשביע באלהים בעל כרחו שלא יעשה או שלא עשה שנאמר ואריב עמם ואקללם ואכה מהם אנשים ואמרטם ואשביעם באלהים:
9
Similarly, he may have a person's hands and feet bound. He may imprison him and have him pushed to the ground and dragged, as Ezra 7:26 states: "Judgment will be speedily administered to him, to be executed, to be uprooted, to be punished by a loss of property, and to be imprisoned."
ט
וכן יש לו לכפות ידים ורגלים ולאסור בבית האסורים ולדחוף ולסחוב על הארץ שנאמר הן למות הן לשרושי הן לענש נכסין ולאסורין:
10
All of the above measures should be applied according to the judge's perception that it is appropriate that the violator be punished in this manner or the situation at large requires it. All of his deeds should be for the sake of heaven and the honor of people at large should not be light in his eyes. For consideration of their honor overrides the observance of a Rabbinic prohibition. Certainly, this applies with regard to the descendants of Abraham, Isaac, and Jacob who uphold the Torah of truth. He must take care not to ruin their honor and act only to increase the honor of the Omnipresent. For whenever a person debases the Torah, his person will be degraded for people at large. Conversely, when a person honors the Torah, his person will be honored by people at large. And there is no other honor for the Torah except to follow its statutes and judgments.
י
כל אלו הדברים לפי מה שיראה הדיין שזה ראוי לכך ושהשעה צריכה ובכל יהיו מעשיו לשם שמים ואל יהיה כבוד הבריות קל בעיניו שהרי הוא דוחה את לא תעשה של דבריהם וכל שכן כבוד בני אברהם יצחק ויעקב המחזיקין בתורת האמת שיהיה זהיר שלא יהרס כבודם אלא להוסיף בכבוד המקום בלבד שכל המבזה את התורה גופו מחולל על הבריות והמכבד את התורה גופו מכובד על הבריות ואין כבוד התורה אלא לעשות על פי חוקיה ומשפטיה:
• Hayom Yom: Today's Hayom Yom
• Monday, 1 Tishrei, 5777 · 3 October 2016
• "Today's Day"

• 
Thursday, Tishrei 1, 1st day of Rosh Hashana 5704

Torah lessons: Chumash: Ha'azinu, Chamishi with Rashi.
Tehillim: 1-9. Also 88-90.
Tanya: XX. "He and His (p. 497) ...(creation). (p. 499).
In the b'racha of Candle-lighting: ...shel yom hazikaron (p.127). Shehecheyanu. L'Eila is said only once in kadish, except at Ne'ila. L'david...ha-aretz um'loa... (p. 276) before Aleinu. Daytime kidush: Tiku, ki chok (p. 269); do not say Eileh mo'adei or askinu. At Tashlich (p. 295) shake out corners of the tallit katan.
Say Yehi ratzon (p. 277) for the apple after the b'racha, before tasting. Lamb's head is eaten, but Yehi ratzon is said only for the apple.
• Daily Thought:
Let Him In
So strange.
We trust that He is good, and that all He does is good.
Yet we pray. Because to us things don’t look so good. After all, His goodness is so distant from us. Beyond our understanding. Far beyond.
If so, shouldn’t we simply continue to trust? To surrender to a higher understanding?
Yet He asks us to pray. To complain and to kvetch. And He listens. And He answers our prayers.
Because this is what He most desires from us: that we make room for Him in our lives, in all that matters to us as flesh and blood human beings.
And that begins when we share with Him those things that touch us most deeply. Deep within our hearts.
“Serve G‑d, your G‑d, with all your heart,” the Torah says. The sages ask, “What kind of service do you do with your heart?”
And they answer, “Prayer.”
Pour out your heart to Him. It is the one place He can enter only once you let Him in.
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