Torah Reading
Vayeitzei: Genesis 28:10 Ya‘akov went out from Be’er-Sheva and traveled toward Haran. 11 He came to a certain place and stayed the night there, because the sun had set. He took a stone from the place, put it under his head and lay down there to sleep. 12 He dreamt that there before him was a ladder resting on the ground with its top reaching to heaven, and the angels of Adonai were going up and down on it. 13 Then suddenly Adonai was standing there next to him; and he said, “I am Adonai, the God of Avraham your [grand]father and the God of Yitz’chak. The land on which you are lying I will give to you and to your descendants. 14 Your descendants will be as numerous as the grains of dust on the earth. You will expand to the west and to the east, to the north and to the south. By you and your descendants all the families of the earth will be blessed. 15 Look, I am with you. I will guard you wherever you go, and I will bring you back into this land, because I won’t leave you until I have done what I have promised you.”
16 Ya‘akov awoke from his sleep and said, “Truly, Adonai is in this place — and I didn’t know it!” 17 Then he became afraid and said, “This place is fearsome! This has to be the house of God! This is the gate of heaven!” 18 Ya‘akov got up early in the morning, took the stone he had put under his head, set it up as a standing-stone, poured olive oil on its top 19 and named the place Beit-El [house of God]; but the town had originally been called Luz.
20 Ya‘akov took this vow: “If God will be with me and will guard me on this road that I am traveling, giving me bread to eat and clothes to wear, 21 so that I return to my father’s house in peace, then Adonai will be my God; 22 and this stone, which I have set up as a standing-stone, will be God’s house; and of everything you give me, I will faithfully return one-tenth to you.”
29:1 (ii) Continuing his journey, Ya‘akov came to the land of the people of the east. 2 As he looked, he saw a well in a field; and there were three flocks of sheep lying there next to it; because they watered the sheep from that well. The stone on the well’s mouth was large, 3 and only when all the flocks had gathered there would they roll the stone away from the opening of the well and water the sheep. Then they would put the stone back in its place on the well’s opening.
4 Ya‘akov said to them, “My brothers, where are you from?” They answered, “We’re from Haran.” 5 He asked them, “Do you know Lavan the [grand]son of Nachor?” They said, “We do.” 6 He asked them, “Are things going well with him?” “Yes,” they answered, “and here comes his daughter Rachel with the sheep.” 7 He said, “Look, there’s still plenty of daylight left; and it isn’t time to bring the animals home; so water the sheep; then go, and put them out to pasture.” 8 They answered, “We can’t, not until all the flocks have been gathered together, and they roll the stone away from the opening of the well. That’s when we water the sheep.”
9 While he was still speaking with them, Rachel came with her father’s sheep, because she took care of them. 10 When Ya‘akov saw Rachel the daughter of Lavan his mother’s brother, and the sheep of Lavan his mother’s brother, Ya‘akov went up and rolled the stone away from the opening of the well and watered the flock of Lavan his mother’s brother. 11 Ya‘akov kissed Rachel and wept aloud. 12 Ya‘akov told Rachel that he was her father’s relative, and that he was Rivkah’s son; and she ran and told her father. 13 When Lavan heard the news of Ya‘akov his sister’s son, he ran to meet him, hugged him and kissed him, and brought him to his house. Ya‘akov told Lavan all that had happened. 14 Lavan said to him, “You are indeed my own flesh and blood.”
After Ya‘akov had stayed with him for a whole month, 15 Lavan said to him, “Why should you work for me for nothing, just because you are my relative? Tell me how much I should pay you.” 16 Now Lavan had two daughters; the name of the older was Le’ah, and the name of the younger was Rachel. 17 Le’ah’s eyes were weak; but Rachel was good-looking, with beautiful features.
(iii) 18 Ya‘akov had fallen in love with Rachel and said, “I will work for you seven years in exchange for Rachel your younger daughter.” 19 Lavan answered, “Better that I give her to you than to someone else; stay with me.” 20 So Ya‘akov worked seven years for Rachel, and it seemed only a few days to him, because he was so much in love with her.
21 Ya‘akov said to Lavan, “Give me my wife, since my time is finished, so that I can start living with her.” 22 Lavan gathered all the men of the place and gave a banquet. 23 In the evening he took Le’ah his daughter and brought her to Ya‘akov, and he went in and slept with her. 24 Lavan also gave his slave-girl Zilpah to his daughter Le’ah as her slave-girl.
25 In the morning Ya‘akov saw that he was with Le’ah, and he said to Lavan, “What kind of thing is this that you’ve done to me? Didn’t I work for you for Rachel? Why have you deceived me?” 26 Lavan answered, “In our place that isn’t how it’s done, to give the younger daughter before the firstborn. 27 Finish the marriage week of this one, and we’ll give you the other one also in exchange for the work you will do for me during yet another seven years.” 28 Ya‘akov agreed to this, so he finished her week, and Lavan gave him his daughter Rachel as his wife. 29 Lavan also gave to his daughter Rachel his slave-girl Bilhah as her slave-girl. 30 So not only did Ya‘akov go in and sleep with Rachel, but he also loved Rachel more than Le’ah. Then he served Lavan another seven years.
31 Adonai saw that Le’ah was unloved, so he made her fertile, while Rachel remained childless. 32 Le’ah conceived and gave birth to a son, whom she named Re’uven [see, a son!], for she said, “It is because Adonai has seen how humiliated I have been, but now my husband will love me.” 33 She conceived again, gave birth to a son and said, “It is because Adonai has heard that I am unloved; therefore he has given me this son also.” So she named him Shim‘on [hearing]. 34 Once more she conceived and had a son; and she said, “Now this time my husband will be joined to me, because I have borne him three sons.” Therefore she named him Levi [joining]. 35 She conceived yet again, had a son and said, “This time I will praise Adonai”; therefore she named him Y’hudah [praise]. Then she stopped having children.
30:1 When Rachel saw that she was not bearing children for Ya‘akov, she envied her sister and said to Ya‘akov, “Give me children, or I will die!” 2 This made Ya‘akov angry at Rachel; he answered, “Am I in God’s place? He’s the one who is denying you children.” 3 She said, “Here is my maid Bilhah. Go, sleep with her, and let her give birth to a child that will be laid on my knees, so that through her I too can build a family.” 4 So she gave him Bilhah her slave-girl as his wife, and Ya‘akov went in and slept with her. 5 Bilhah conceived and bore Ya‘akov a son. 6 Rachel said, “God has judged in my favor; indeed he has heard me and given me a son.” Therefore she called him Dan [he judged].
7 Bilhah Rachel’s slave-girl conceived again and bore Ya‘akov a second son. 8 Rachel said, “I have wrestled mightily with my sister and won,” and called him Naftali [my wrestling].
9 When Le’ah saw that she had stopped having children, she took Zilpah her slave-girl and gave her to Ya‘akov as his wife. 10 Zilpah Le’ah’s slave-girl bore Ya‘akov a son; 11 and Le’ah said, “Good fortune has come,” calling him Gad [good fortune].
12 Zilpah Le’ah’s slave-girl bore Ya‘akov a second son; 13 and Le’ah said, “How happy I am! Women will say I am happy!” and called him Asher [happy].
(iv) 14 During the wheat harvest season Re’uven went and found mandrakes in the field and brought them to his mother Le’ah. Rachel said to Le’ah, “Please give me some of your son’s mandrakes [so that I can be fertile].” 15 She answered, “Isn’t it enough that you have taken away my husband? Do you have to take my son’s mandrakes too?” Rachel said, “Very well; in exchange for your son’s mandrakes, sleep with him tonight.” 16 When Ya‘akov came in from the field in the evening, Le’ah went out to meet him and said, “You have to come and sleep with me, because I’ve hired you with my son’s mandrakes.” So Ya‘akov slept with her that night. 17 God listened to Le’ah, and she conceived and bore Ya‘akov a fifth son. 18 Le’ah said, “God has given me my hire, because I gave my slave-girl to my husband.” So she called him Yissakhar [hire, reward].
19 Le’ah conceived again and bore a sixth son to Ya‘akov. 20 Le’ah said, “God has given me a wonderful gift. Now at last my husband will live with me, since I have borne him six sons.” And she called him Z’vulun [living together].
21 After this, she gave birth to a daughter and named her Dinah [controversy over rights].
22 Then God took note of Rachel, heeded her prayer and made her fertile. 23 She conceived, had a son and said, “God has taken away my disgrace.” 24 She called him Yosef [may he add], saying, “May Adonai add to me another son.”
25 After Rachel had given birth to Yosef, Ya‘akov said to Lavan, “Send me on my way, so that I can return to my own place, to my own country. 26 Let me take my wives, for whom I have served you, and my children; and let me go. You know very well how faithfully I have served you.” 27 Lavan answered him, “If you regard me favorably, then please listen: I have observed the signs that Adonai has blessed me on account of you. (v) 28 Name your wages,” he said; “I will pay them.” 29 Ya‘akov replied, “You know how faithfully I have served you and how your livestock have prospered under my care. 30 The few you had before I came have increased substantially; Adonai has blessed you wherever I went. But now, when will I provide for my own household?” 31 Lavan said, “What should I give you?” “Nothing,” answered Ya‘akov, “just do this one thing for me: once more I will pasture your flock and take care of it. 32 I will also go through the flock and pick out every speckled, spotted or brown sheep, and every speckled or spotted goat; these and their offspring will be my wages. 33 And I will let my integrity stand as witness against me in the future: when you come to look over the animals constituting my wages, every goat that isn’t speckled or spotted and every sheep that isn’t brown will count as stolen by me.” 34 Lavan replied, “As you have said, so be it.”
35 That day Lavan removed the male goats that were streaked or spotted and all the female goats that were speckled or spotted, every one with white on it, and all the brown sheep; turned them over to his sons; 36 and put three days’ distance between himself and Ya‘akov. Ya‘akov fed the rest of Lavan’s flocks.
37 Ya‘akov took fresh-cut branches from poplar, almond and plane trees and made white streaks on them by peeling off the bark. 38 Then he set the rods he had peeled upright in the watering troughs, so that the animals would see them when they came to drink. And since they bred when they came to drink, 39 the animals mated in sight of the rods and gave birth to streaked, speckled and spotted young. 40 Ya‘akov divided the lambs and had the animals mate with the streaked and the brown in the flock of Lavan. He also kept his own livestock separate and did not have them mix with Lavan’s flock. 41 Whenever the hardier animals came into heat, Ya‘akov would set up the rods in the watering troughs; so that the animals would see them and conceive in front of them; 42 but he didn’t set up the rods in front of the weaker animals. Thus the more feeble were Lavan’s and the stronger Ya‘akov’s. 43 In this way the man became very rich and had large flocks, along with male and female slaves, camels and donkeys.
31:1 But then he heard what Lavan’s sons were saying: “Ya‘akov has taken away everything that our father once had. It’s from what used to belong to our father that he has gotten so rich.” 2 He also saw that Lavan regarded him differently than before. 3 Adonai said to Ya‘akov, “Return to the land of your ancestors, to your kinsmen; I will be with you.” 4 So Ya‘akov sent for Rachel and Le’ah and had them come to the field where his flock was. 5 He said to them, “I see by the way your father looks that he feels differently toward me than before; but the God of my father has been with me. 6 You know that I have served your father with all my strength, 7 and that your father has belittled me and has changed my wages ten times; but God did not allow him to do me any damage. 8 If he said, ‘The speckled will be your wages,’ then all the animals gave birth to speckled young; and if he said, ‘The streaked will be your wages,’ then all the animals gave birth to streaked young. 9 This is how God has taken away your father’s animals and given them to me. 10 Once, when the animals were mating, I had a dream: I looked up and there in front of me the male goats which mated with the females were streaked, speckled and mottled. 11 Then, in the dream, the angel of God said to me, ‘Ya‘akov!’ and I replied, ‘Here I am.’ 12 He continued, ‘Raise your eyes now, and look: all the male goats mating with the females are streaked, speckled and mottled; for I have seen everything Lavan has been doing to you. 13 I am the God of Beit-El, where you anointed a standing-stone with oil, where you vowed your vow to me. Now get up, get out of this land, and return to the land where you were born.’” 14 Rachel and Le’ah answered him, “We no longer have any inheritance from our father’s possessions; 15 and he considers us foreigners, since he has sold us; moreover, he has consumed everything he received in exchange for us. 16 Nevertheless, the wealth which God has taken away from our father has become ours and our children’s anyway; so whatever God has told you to do, do.”
(vi) 17 Then Ya‘akov got up, put his sons and wives on the camels, 18 and carried off all his livestock, along with all the riches he had accumulated, the livestock in his possession which he had acquired in Paddan-Aram, to go to Yitz’chak his father in the land of Kena‘an.
19 Now Lavan had gone to shear his sheep, so Rachel stole the household idols that belonged to her father, 20 and Ya‘akov outwitted Lavan the Arami by not telling him of his intended flight. 21 So he fled with everything he had: he departed, crossed the [Euphrates] River and set out for the hill-country of Gil‘ad. 22 Not until the third day was Lavan told that Ya‘akov had fled.
23 Lavan took his kinsmen with him and spent the next seven days pursuing Ya‘akov, overtaking him in the hill-country of Gil‘ad. 24 But God came to Lavan the Arami in a dream that night and said to him, “Be careful that you don’t say anything to Ya‘akov, either good or bad.”
25 When Lavan caught up with Ya‘akov, Ya‘akov had set up camp in the hill-country; so Lavan and his kinsmen set up camp in the hill-country of Gil‘ad. 26 Lavan said to Ya‘akov, “What do you mean by deceiving me and carrying off my daughters as if they were captives taken in war? 27 Why did you flee in secret and deceive me and not tell me? I would have sent you off with joy and singing to the music of tambourines and lyres. 28 You didn’t even let me kiss my sons and daughters good-bye! What a stupid thing to do! 29 I have it in my power to do you harm; but the God of your father spoke to me last night and said, ‘Be careful that you don’t say anything to Ya‘akov, either good or bad.’ 30 Granted that you had to leave, because you longed so deeply for your father’s house; but why did you steal my gods?” 31 Ya‘akov answered Lavan, “Because I was afraid. I said, ‘Suppose you take your daughters away from me by force?’ 32 But if you find your gods with someone, that person will not remain alive. So with our kinsmen to witness, if you spot anything that I have which belongs to you, take it back.” Ya‘akov did not know that Rachel had stolen them. 33 Lavan went into Ya‘akov’s tent, then into Le’ah’s tent and into the tent of the two slave-girls; but he did not find them. He left Le’ah’s tent and entered Rachel’s tent. 34 Now Rachel had taken the household gods, put them in the saddle of the camel and was sitting on them. Lavan felt all around the tent but did not find them. 35 She said to her father, “Please don’t be angry that I’m not getting up in your presence, but it’s the time of my period.” So he searched, but he didn’t find the household gods.
36 Then Ya‘akov became angry and started arguing with Lavan. “What have I done wrong?” he demanded. “What is my offense, that you have come after me in hot pursuit? 37 You have felt around in all my stuff, but what have you found of all your household goods? Put it here, in front of my kinsmen and yours, so that they can render judgment between the two of us! 38 I have been with you for these twenty years! Your female sheep and goats haven’t aborted their young, and I haven’t eaten the male animals in your flocks. 39 If one of your flock was destroyed by a wild animal, I didn’t bring the carcass to you but bore the loss myself. You demanded that I compensate you for any animal stolen, whether by day or by night. 40 Here’s how it was for me: during the day thirst consumed me, and at night the cold — my sleep fled from my eyes. 41 These twenty years I’ve been in your house — I served you fourteen years for your two daughters and six years for your flock; and you changed my wages ten times! 42 If the God of my father, the God of Avraham, the one whom Yitz’chak fears, had not been on my side, by now you would certainly have already sent me away with nothing! God has seen how distressed I’ve been and how hard I’ve worked, and last night he passed judgment in my favor.”
(vii) 43 Lavan answered Ya‘akov, “The daughters are mine, the children are mine, the flocks are mine, and everything you see is mine! But what can I do today about these daughters of mine or the children they have borne? 44 So now, come, let’s make a covenant, I and you; and let it stand as a testimony between me and you.” 45 Ya‘akov took a stone and set it upright as a standing-stone. 46 Then Ya‘akov said to his kinsmen, “Gather some stones”; and they took stones, made a pile of them and ate there by the pile of stones. 47 Lavan called it Y’gar-Sahaduta [“pile of witness” in Aramaic], while Ya‘akov called it Gal-‘Ed [“pile of witness” in Hebrew].
48 Lavan said, “This pile witnesses between me and you today.” This is why it is called Gal-‘Ed 49 and also HaMitzpah [the watchtower], because he said, “May Adonai watch between me and you when we are apart from each other. 50 If you cause pain to my daughters, or if you take wives in addition to my daughters, then, even if no one is there with us, still God is witness between me and you.” 51 Lavan also said to Ya‘akov, “Here is this pile, and here is this standing-stone, which I have set up between me and you. 52 May this pile be a witness, and may the standing-stone be a witness, that I will not pass beyond this pile to you, and you will not pass beyond this pile and this standing-stone to me, to cause harm. 53 May the God of Avraham and also the god of Nachor, the god of their father, judge between us.” But Ya‘akov swore by the One his father Yitz’chak feared. 54 Ya‘akov offered a sacrifice on the mountain and invited his kinsmen to the meal. They ate the food and spent the whole night on the mountain.
32:1 (Maftir) (31:55) Early in the morning Lavan got up, kissed his sons and daughters, and blessed them. Then Lavan left and returned to his own place. 2 (1) Ya‘akov went on his way, and the angels of God met him. 3 (2) When Ya‘akov saw them, he said, “This is God’s camp,” and called that place Machanayim [two camps].
Hosea 11:7 My people are hanging in suspense
about returning to me;
and though they call them upwards,
nobody makes a move.
8 Efrayim, how can I give you up,
or surrender you, Isra’el?
How could I treat you like Admah
or make you like Tzvoyim?
My heart recoils at the idea,
as compassion warms within me.
9 I will not give vent to the fierceness of my rage,
I will not return to destroy Efrayim;
for I am God, not a human being,
the Holy One among you;
so I will not come in fury.
10 They will go after Adonai,
who will roar like a lion;
for he will roar, and the children will come
trembling from the west.
11 They will tremble like a bird as they come from Egypt,
like a dove as they come from the land of Ashur;
and I will resettle them in their own houses,
says Adonai.
12:1 (11:12) “Efrayim surrounds me with lies
and the house of Isra’el with deceit.
Y’hudah still rules with God
and is faithful with holy ones.
2 (1) Efrayim is chasing the wind,
pursuing the wind from the east.
All day he piles up lies and desolation —
they make a covenant with Ashur,
while sending olive oil to Egypt.
3 (2) Adonai also has a grievance against Y’hudah;
he will punish Ya‘akov according to his ways
and pay him back for his misdeeds.
4 (3) In the womb he took his brother by the heel;
in the strength of his manhood he fought with God.
5 (4) Yes, he fought with an angel and won;
he wept and pleaded with him.
Then at Beit-El he found him,
and there he would [later] speak with us —
6 (5) Adonai Elohei-Tzva’ot;
Adonai is his name!
7 (6) So you, return to your God;
hold fast to grace and justice;
and always put your hope in your God.
8 (7) “A huckster keeps false scales,
and he loves to cheat.
9 (8) Efrayim says, ‘I have gotten so rich!
I have made me a fortune!
And in all my profits no one will find
anything wrong or sinful.’
10 (9) “But I am Adonai your God,
from the land of Egypt.
Again I will make you live in tents,
as in the days of the established festival.
11 (10) I have spoken to the prophets;
it was I who gave vision after vision;
through the prophets I gave examples
to show what it would all be like.
12 (11) Is Gil‘ad given to iniquity?
Yes, they have become worthless.
In Gilgal they sacrifice to bulls;
therefore their altars are like piles of stones
in a plowed field.”
13 (12) Ya‘akov fled to the land of Aram.
There Isra’el slaved to win a wife;
for a wife he tended sheep.
14 (13) By a prophet Adonai brought Isra’el up from Egypt,
and by a prophet he was protected.
Today in Jewish History:
• Liberation of R. DovBer (1826)
In 1826, Rabbi DovBer of Lubavitch (see calendar entry for yesterday, Kislev 9) was arrested on charges that his teachings threatened the imperial authority of the Czar, but was subsequently exonerated. The date of his release, Kislev 10, is celebrated amongst Chabad Chassidim as a "festival of liberation." Tachnun (confession of sins) is omitted from the day's prayers, farbrengens are held, and Rabbi DovBer's teachings are studied.
Links:
More onR. DovBer of Lubavitch
Prison JuiceDaily Quote:
• Liberation of R. DovBer (1826)
In 1826, Rabbi DovBer of Lubavitch (see calendar entry for yesterday, Kislev 9) was arrested on charges that his teachings threatened the imperial authority of the Czar, but was subsequently exonerated. The date of his release, Kislev 10, is celebrated amongst Chabad Chassidim as a "festival of liberation." Tachnun (confession of sins) is omitted from the day's prayers, farbrengens are held, and Rabbi DovBer's teachings are studied.
Links:
More onR. DovBer of Lubavitch
Prison JuiceDaily Quote:
Today's Study:
Chitas and Rambam for today:
Chumash: Parshat Vayeitzei, 7th Portion (Genesis 31:43-32:3)) with Rashi
• Genesis Chapter 31
43And Laban answered and said to Jacob, "The daughters are my daughters, and the sons are my sons, and the animals are my animals, and all that you see is mine. Now, what would I do to these daughters of mine today, or to their children, whom they have borne? מגוַיַּ֨עַן לָבָ֜ן וַיֹּ֣אמֶר אֶל־יַֽעֲקֹ֗ב הַבָּנ֨וֹת בְּנֹתַ֜י וְהַבָּנִ֤ים בָּנַי֙ וְהַצֹּ֣אן צֹאנִ֔י וְכֹ֛ל אֲשֶׁר־אַתָּ֥ה רֹאֶ֖ה לִי־ה֑וּא וְלִבְנֹתַ֞י מָה־אֶֽעֱשֶׂ֤ה לָאֵ֨לֶּה֙ הַיּ֔וֹם א֥וֹ לִבְנֵיהֶ֖ן אֲשֶׁ֥ר יָלָֽדוּ:
Now, what would I do there?: How could I entertain the thought of harming them? מה אעשה לאלה: איך תעלה על לבי להרע להן:
44So now, come, let us form a covenant, you and I, and may He be a witness between me and you." מדוְעַתָּ֗ה לְכָ֛ה נִכְרְתָ֥ה בְרִ֖ית אֲנִ֣י וָאָ֑תָּה וְהָיָ֥ה לְעֵ֖ד בֵּינִ֥י וּבֵינֶֽךָ:
may He be a witness: [I.e.] the Holy One, blessed be He [will be a witness]. והיה לעד: הקב"ה:
45So Jacob took a stone and set it up [as] a monument. מהוַיִּקַּ֥ח יַֽעֲקֹ֖ב אָ֑בֶן וַיְרִימֶ֖הָ מַצֵּבָֽה:
46And Jacob said to his kinsmen, "Gather stones," and they took stones and made a pile, and they ate there by the pile. מווַיֹּ֨אמֶר יַֽעֲקֹ֤ב לְאֶחָיו֙ לִקְט֣וּ אֲבָנִ֔ים וַיִּקְח֥וּ אֲבָנִ֖ים וַיַּֽעֲשׂוּ־גָ֑ל וַיֹּ֥אכְלוּ שָׁ֖ם עַל־הַגָּֽל:
to his kinsmen: [lit., to his brothers.] They are his sons, who were to him like brothers, drawing near him for trouble or for war (Gen. Rabbah 74:13). לאחיו: הם בניו, שהיו לו אחים נגשים אליו לצרה ולמלחמה:
47And Laban called it Yegar Sahadutha, but Jacob called it Gal ed. מזוַיִּקְרָא־ל֣וֹ לָבָ֔ן יְגַ֖ר שָֽׂהֲדוּתָ֑א וְיַ֣עֲקֹ֔ב קָ֥רָא ל֖וֹ גַּלְעֵֽד:
Yegar Sahadutha: The Aramaic translation of Gal-ed. יגר שהדותא: תרגומו של גלעד:
48And Laban said, "This pile is a witness between me and you today." Therefore, he called it Gal ed. מחוַיֹּ֣אמֶר לָבָ֔ן הַגַּ֨ל הַזֶּ֥ה עֵ֛ד בֵּינִ֥י וּבֵֽינְךָ֖ הַיּ֑וֹם עַל־כֵּ֥ן קָֽרָא־שְׁמ֖וֹ גַּלְעֵֽד:
Therefore, he called it Gal-ed: The pile is a witness. גלעד: גלעד:
49And Mizpah, because he said, "May the Lord look between me and you when we are hidden from each other. מטוְהַמִּצְפָּה֙ אֲשֶׁ֣ר אָמַ֔ר יִ֥צֶף יְהֹוָ֖ה בֵּינִ֣י וּבֵינֶ֑ךָ כִּ֥י נִסָּתֵ֖ר אִ֥ישׁ מֵֽרֵעֵֽהוּ:
And Mizpah, because he said, etc.: And Mizpah, which is on Mount Gilead, as it is written (Jud. 11:29): “and he passed over Mizpeh of Gilead.” Now, why was it named Mizpah? Because each one said to the other,“May the Lord look (יִצֶף) between me and you if you transgress the covenant.” והמצפה אשר אמר וגו': והמצפה אשר בהר הגלעד, כמו שכתוב (שופטים יא כט) ויעבר את מצפה גלעד. ולמה נקרא שמה מצפה, לפי שאמר כל אחד מהם לחברו יצף ה' ביני ובינך אם תעבור את הברית:
when we are hidden: And we do not see each other. כי נסתר: ולא נראה איש את רעהו:
50If you afflict my daughters, or if you take wives in addition to my daughters when no one is with us, behold! God is a witness between me and you." נאִם־תְּעַנֶּ֣ה אֶת־בְּנֹתַ֗י וְאִם־תִּקַּ֤ח נָשִׁים֙ עַל־בְּנֹתַ֔י אֵ֥ין אִ֖ישׁ עִמָּ֑נוּ רְאֵ֕ה אֱלֹהִ֥ים עֵ֖ד בֵּינִ֥י וּבֵינֶֽךָ:
…my daughters…my daughters: Twice. Bilhah and Zilpah were also his daughters from a concubine. — [from Pirkei d’Rabbi Eliezer, ch. 36] בנתי בנתי: שתי פעמים, אף בלהה וזלפה בנותיו היו מפלגש:
If you afflict my daughters: By depriving them of their conjugal rights (Yoma 77). אם תענה את בנתי: למנוע מהם עונת תשמיש:
51And Laban said to Jacob, "Behold this pile and behold this monument, which I have cast between me and you. נאוַיֹּ֥אמֶר לָבָ֖ן לְיַֽעֲקֹ֑ב הִנֵּ֣ה | הַגַּ֣ל הַזֶּ֗ה וְהִנֵּה֙ הַמַּצֵּבָ֔ה אֲשֶׁ֥ר יָרִ֖יתִי בֵּינִ֥י וּבֵינֶֽךָ:
which I have cast: Heb. יָרִיתִי, similar to (Exod. 15:4):“He cast (יָרָה) into the sea,” like one who shoots an arrow. — [from Gen. Rabbah 74:15] יריתי: כמו (שמות טו ד) ירה בים, כזה שהוא יורה חנית:
52This pile is a witness, and this monument is a witness, that I will not pass this pile [to go] to you and that you shall not pass this pile and this monument to [come to] me to [do] harm. נבעֵ֚ד הַגַּ֣ל הַזֶּ֔ה וְעֵדָ֖ה הַמַּצֵּבָ֑ה אִם־אָ֗נִי לֹא־אֶֽעֱבֹ֤ר אֵלֶ֨יךָ֙ אֶת־הַגַּ֣ל הַזֶּ֔ה וְאִם־אַ֠תָּ֠ה לֹא־תַֽעֲבֹ֨ר אֵלַ֜י אֶת־הַגַּ֥ל הַזֶּ֛ה וְאֶת־הַמַּצֵּבָ֥ה הַזֹּ֖את לְרָעָֽה:
that I: Heb. אִם. Here אִם is used as an expression of אִשֶׁר, that, like (above 24:33):“until (אִם) I have spoken my words.” [ אם אני: הרי אם משמש בלשון אשר, כמו (לעיל כד לג) עד אם דברתי דברי:
to [do] harm: To do harm you may not pass, but you may pass to do business. — [from Gen. Rabbah 74:15] לרעה: לרעה אי אתה עובר, אבל אתה עובר לפרקמטיא:
53May the God of Abraham and the god of Nahor judge between us, the god of their father." And Jacob swore by the Fear of his father Isaac. נגאֱלֹהֵ֨י אַבְרָהָ֜ם וֵֽאלֹהֵ֤י נָחוֹר֙ יִשְׁפְּט֣וּ בֵינֵ֔ינוּ אֱלֹהֵ֖י אֲבִיהֶ֑ם וַיִּשָּׁבַ֣ע יַֽעֲקֹ֔ב בְּפַ֖חַד אָבִ֥יו יִצְחָֽק:
the God of Abraham: This is holy. [I.e., it refers to the Deity.]- [from Gen. Rabbah 74:16] אלהי אברהם: קדש:
and the god of Nahor: Profane. [I.e., it refers to pagan deities.]- [from Gen. Rabbah 74:16] ואלהי נחור: חול:
the god of their father: Profane. [I.e., it refers to pagan deities.] אלהי אביהם: חול:
54And Jacob slaughtered a slaughtering on the mountain, and he invited his friends to eat a meal, and they ate bread and lodged on the mountain. נדוַיִּזְבַּ֨ח יַֽעֲקֹ֥ב זֶ֨בַח֙ בָּהָ֔ר וַיִּקְרָ֥א לְאֶחָ֖יו לֶֽאֱכָל־לָ֑חֶם וַיֹּ֣אכְלוּ לֶ֔חֶם וַיָּלִ֖ינוּ בָּהָֽר:
And Jacob slaughtered a slaughtering: He slaughtered animals for a feast. ויזבח יעקב זבח: שחט בהמות למשתה:
his friends: [Heb. לְאֶחָיו, lit., to his brothers.] To his friends who were with Laban. לאחיו: לאוהביו שעם לבן:
to eat a meal: Heb. לָחֶם. Any kind of foodstuff is called לֶחֶם [not only bread], like (Dan. 5:1):“made a great feast (לֶחֶם)” ; (Jer. 11:19):“Let us destroy his food (בְּלַחְמוֹ) with wood.” לאכל לחם: כל דבר מאכל קרוי לחם, כמו (דניאל ה א) עבד לחם רב, (ירמיה יא יט) נשחיתה עץ בלחמו:
Genesis Chapter 32
1And Laban arose early in the morning and kissed his sons and daughters and blessed them, and Laban went and returned to his place. אוַיַּשְׁכֵּ֨ם לָבָ֜ן בַּבֹּ֗קֶר וַיְנַשֵּׁ֧ק לְבָנָ֛יו וְלִבְנוֹתָ֖יו וַיְבָ֣רֶךְ אֶתְהֶ֑ם וַיֵּ֛לֶךְ וַיָּ֥שָׁב לָבָ֖ן לִמְקֹמֽוֹ:
2And Jacob went on his way, and angels of God met him. בוְיַֽעֲקֹ֖ב הָלַ֣ךְ לְדַרְכּ֑וֹ וַיִּפְגְּעוּ־ב֖וֹ מַלְאֲכֵ֥י אֱלֹהִֽים:
and angels of God met him: Angels of Israel came to greet him to escort him to the land. ויפגעו בו מלאכי א-להים: מלאכים של ארץ ישראל באו לקראתו ללוותו לארץ:
3And Jacob said when he saw them, "This is the camp of God," and he named the place Mahanaim. גוַיֹּ֤אמֶר יַֽעֲקֹב֙ כַּֽאֲשֶׁ֣ר רָאָ֔ם מַֽחֲנֵ֥ה אֱלֹהִ֖ים זֶ֑ה וַיִּקְרָ֛א שֵֽׁם־הַמָּק֥וֹם הַה֖וּא מַֽחֲנָֽיִם:
Mahanaim: Two camps, [one of the angels] outside the land, who came with him up to here, and [one of the angels] of Israel, who came to greet him. — [from Tanchuma Vayishlach 3] מחנים: שתי מחנות, של חוצה לארץ שבאו עמו עד כאן, ושל ארץ ישראל שבאו לקראתו:
• Daily Tehillim: Psalms Chapters 55-59
• Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
FOOTNOTES
1.Jerusalem.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
FOOTNOTES
1.David having fled from Jerusalem, is silenced by fear (Rashi/Metzudot).
2.A psalm that was especially precious to David
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 10 Kislev, 5777 · 10 December 2016
• Kuntres Acharon, middle of Essay 4
Chumash: Parshat Vayeitzei, 7th Portion (Genesis 31:43-32:3)) with Rashi
• Genesis Chapter 31
43And Laban answered and said to Jacob, "The daughters are my daughters, and the sons are my sons, and the animals are my animals, and all that you see is mine. Now, what would I do to these daughters of mine today, or to their children, whom they have borne? מגוַיַּ֨עַן לָבָ֜ן וַיֹּ֣אמֶר אֶל־יַֽעֲקֹ֗ב הַבָּנ֨וֹת בְּנֹתַ֜י וְהַבָּנִ֤ים בָּנַי֙ וְהַצֹּ֣אן צֹאנִ֔י וְכֹ֛ל אֲשֶׁר־אַתָּ֥ה רֹאֶ֖ה לִי־ה֑וּא וְלִבְנֹתַ֞י מָה־אֶֽעֱשֶׂ֤ה לָאֵ֨לֶּה֙ הַיּ֔וֹם א֥וֹ לִבְנֵיהֶ֖ן אֲשֶׁ֥ר יָלָֽדוּ:
Now, what would I do there?: How could I entertain the thought of harming them? מה אעשה לאלה: איך תעלה על לבי להרע להן:
44So now, come, let us form a covenant, you and I, and may He be a witness between me and you." מדוְעַתָּ֗ה לְכָ֛ה נִכְרְתָ֥ה בְרִ֖ית אֲנִ֣י וָאָ֑תָּה וְהָיָ֥ה לְעֵ֖ד בֵּינִ֥י וּבֵינֶֽךָ:
may He be a witness: [I.e.] the Holy One, blessed be He [will be a witness]. והיה לעד: הקב"ה:
45So Jacob took a stone and set it up [as] a monument. מהוַיִּקַּ֥ח יַֽעֲקֹ֖ב אָ֑בֶן וַיְרִימֶ֖הָ מַצֵּבָֽה:
46And Jacob said to his kinsmen, "Gather stones," and they took stones and made a pile, and they ate there by the pile. מווַיֹּ֨אמֶר יַֽעֲקֹ֤ב לְאֶחָיו֙ לִקְט֣וּ אֲבָנִ֔ים וַיִּקְח֥וּ אֲבָנִ֖ים וַיַּֽעֲשׂוּ־גָ֑ל וַיֹּ֥אכְלוּ שָׁ֖ם עַל־הַגָּֽל:
to his kinsmen: [lit., to his brothers.] They are his sons, who were to him like brothers, drawing near him for trouble or for war (Gen. Rabbah 74:13). לאחיו: הם בניו, שהיו לו אחים נגשים אליו לצרה ולמלחמה:
47And Laban called it Yegar Sahadutha, but Jacob called it Gal ed. מזוַיִּקְרָא־ל֣וֹ לָבָ֔ן יְגַ֖ר שָֽׂהֲדוּתָ֑א וְיַ֣עֲקֹ֔ב קָ֥רָא ל֖וֹ גַּלְעֵֽד:
Yegar Sahadutha: The Aramaic translation of Gal-ed. יגר שהדותא: תרגומו של גלעד:
48And Laban said, "This pile is a witness between me and you today." Therefore, he called it Gal ed. מחוַיֹּ֣אמֶר לָבָ֔ן הַגַּ֨ל הַזֶּ֥ה עֵ֛ד בֵּינִ֥י וּבֵֽינְךָ֖ הַיּ֑וֹם עַל־כֵּ֥ן קָֽרָא־שְׁמ֖וֹ גַּלְעֵֽד:
Therefore, he called it Gal-ed: The pile is a witness. גלעד: גלעד:
49And Mizpah, because he said, "May the Lord look between me and you when we are hidden from each other. מטוְהַמִּצְפָּה֙ אֲשֶׁ֣ר אָמַ֔ר יִ֥צֶף יְהֹוָ֖ה בֵּינִ֣י וּבֵינֶ֑ךָ כִּ֥י נִסָּתֵ֖ר אִ֥ישׁ מֵֽרֵעֵֽהוּ:
And Mizpah, because he said, etc.: And Mizpah, which is on Mount Gilead, as it is written (Jud. 11:29): “and he passed over Mizpeh of Gilead.” Now, why was it named Mizpah? Because each one said to the other,“May the Lord look (יִצֶף) between me and you if you transgress the covenant.” והמצפה אשר אמר וגו': והמצפה אשר בהר הגלעד, כמו שכתוב (שופטים יא כט) ויעבר את מצפה גלעד. ולמה נקרא שמה מצפה, לפי שאמר כל אחד מהם לחברו יצף ה' ביני ובינך אם תעבור את הברית:
when we are hidden: And we do not see each other. כי נסתר: ולא נראה איש את רעהו:
50If you afflict my daughters, or if you take wives in addition to my daughters when no one is with us, behold! God is a witness between me and you." נאִם־תְּעַנֶּ֣ה אֶת־בְּנֹתַ֗י וְאִם־תִּקַּ֤ח נָשִׁים֙ עַל־בְּנֹתַ֔י אֵ֥ין אִ֖ישׁ עִמָּ֑נוּ רְאֵ֕ה אֱלֹהִ֥ים עֵ֖ד בֵּינִ֥י וּבֵינֶֽךָ:
…my daughters…my daughters: Twice. Bilhah and Zilpah were also his daughters from a concubine. — [from Pirkei d’Rabbi Eliezer, ch. 36] בנתי בנתי: שתי פעמים, אף בלהה וזלפה בנותיו היו מפלגש:
If you afflict my daughters: By depriving them of their conjugal rights (Yoma 77). אם תענה את בנתי: למנוע מהם עונת תשמיש:
51And Laban said to Jacob, "Behold this pile and behold this monument, which I have cast between me and you. נאוַיֹּ֥אמֶר לָבָ֖ן לְיַֽעֲקֹ֑ב הִנֵּ֣ה | הַגַּ֣ל הַזֶּ֗ה וְהִנֵּה֙ הַמַּצֵּבָ֔ה אֲשֶׁ֥ר יָרִ֖יתִי בֵּינִ֥י וּבֵינֶֽךָ:
which I have cast: Heb. יָרִיתִי, similar to (Exod. 15:4):“He cast (יָרָה) into the sea,” like one who shoots an arrow. — [from Gen. Rabbah 74:15] יריתי: כמו (שמות טו ד) ירה בים, כזה שהוא יורה חנית:
52This pile is a witness, and this monument is a witness, that I will not pass this pile [to go] to you and that you shall not pass this pile and this monument to [come to] me to [do] harm. נבעֵ֚ד הַגַּ֣ל הַזֶּ֔ה וְעֵדָ֖ה הַמַּצֵּבָ֑ה אִם־אָ֗נִי לֹא־אֶֽעֱבֹ֤ר אֵלֶ֨יךָ֙ אֶת־הַגַּ֣ל הַזֶּ֔ה וְאִם־אַ֠תָּ֠ה לֹא־תַֽעֲבֹ֨ר אֵלַ֜י אֶת־הַגַּ֥ל הַזֶּ֛ה וְאֶת־הַמַּצֵּבָ֥ה הַזֹּ֖את לְרָעָֽה:
that I: Heb. אִם. Here אִם is used as an expression of אִשֶׁר, that, like (above 24:33):“until (אִם) I have spoken my words.” [ אם אני: הרי אם משמש בלשון אשר, כמו (לעיל כד לג) עד אם דברתי דברי:
to [do] harm: To do harm you may not pass, but you may pass to do business. — [from Gen. Rabbah 74:15] לרעה: לרעה אי אתה עובר, אבל אתה עובר לפרקמטיא:
53May the God of Abraham and the god of Nahor judge between us, the god of their father." And Jacob swore by the Fear of his father Isaac. נגאֱלֹהֵ֨י אַבְרָהָ֜ם וֵֽאלֹהֵ֤י נָחוֹר֙ יִשְׁפְּט֣וּ בֵינֵ֔ינוּ אֱלֹהֵ֖י אֲבִיהֶ֑ם וַיִּשָּׁבַ֣ע יַֽעֲקֹ֔ב בְּפַ֖חַד אָבִ֥יו יִצְחָֽק:
the God of Abraham: This is holy. [I.e., it refers to the Deity.]- [from Gen. Rabbah 74:16] אלהי אברהם: קדש:
and the god of Nahor: Profane. [I.e., it refers to pagan deities.]- [from Gen. Rabbah 74:16] ואלהי נחור: חול:
the god of their father: Profane. [I.e., it refers to pagan deities.] אלהי אביהם: חול:
54And Jacob slaughtered a slaughtering on the mountain, and he invited his friends to eat a meal, and they ate bread and lodged on the mountain. נדוַיִּזְבַּ֨ח יַֽעֲקֹ֥ב זֶ֨בַח֙ בָּהָ֔ר וַיִּקְרָ֥א לְאֶחָ֖יו לֶֽאֱכָל־לָ֑חֶם וַיֹּ֣אכְלוּ לֶ֔חֶם וַיָּלִ֖ינוּ בָּהָֽר:
And Jacob slaughtered a slaughtering: He slaughtered animals for a feast. ויזבח יעקב זבח: שחט בהמות למשתה:
his friends: [Heb. לְאֶחָיו, lit., to his brothers.] To his friends who were with Laban. לאחיו: לאוהביו שעם לבן:
to eat a meal: Heb. לָחֶם. Any kind of foodstuff is called לֶחֶם [not only bread], like (Dan. 5:1):“made a great feast (לֶחֶם)” ; (Jer. 11:19):“Let us destroy his food (בְּלַחְמוֹ) with wood.” לאכל לחם: כל דבר מאכל קרוי לחם, כמו (דניאל ה א) עבד לחם רב, (ירמיה יא יט) נשחיתה עץ בלחמו:
Genesis Chapter 32
1And Laban arose early in the morning and kissed his sons and daughters and blessed them, and Laban went and returned to his place. אוַיַּשְׁכֵּ֨ם לָבָ֜ן בַּבֹּ֗קֶר וַיְנַשֵּׁ֧ק לְבָנָ֛יו וְלִבְנוֹתָ֖יו וַיְבָ֣רֶךְ אֶתְהֶ֑ם וַיֵּ֛לֶךְ וַיָּ֥שָׁב לָבָ֖ן לִמְקֹמֽוֹ:
2And Jacob went on his way, and angels of God met him. בוְיַֽעֲקֹ֖ב הָלַ֣ךְ לְדַרְכּ֑וֹ וַיִּפְגְּעוּ־ב֖וֹ מַלְאֲכֵ֥י אֱלֹהִֽים:
and angels of God met him: Angels of Israel came to greet him to escort him to the land. ויפגעו בו מלאכי א-להים: מלאכים של ארץ ישראל באו לקראתו ללוותו לארץ:
3And Jacob said when he saw them, "This is the camp of God," and he named the place Mahanaim. גוַיֹּ֤אמֶר יַֽעֲקֹב֙ כַּֽאֲשֶׁ֣ר רָאָ֔ם מַֽחֲנֵ֥ה אֱלֹהִ֖ים זֶ֑ה וַיִּקְרָ֛א שֵֽׁם־הַמָּק֥וֹם הַה֖וּא מַֽחֲנָֽיִם:
Mahanaim: Two camps, [one of the angels] outside the land, who came with him up to here, and [one of the angels] of Israel, who came to greet him. — [from Tanchuma Vayishlach 3] מחנים: שתי מחנות, של חוצה לארץ שבאו עמו עד כאן, ושל ארץ ישראל שבאו לקראתו:
• Daily Tehillim: Psalms Chapters 55-59
• Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
FOOTNOTES
1.Jerusalem.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
FOOTNOTES
1.David having fled from Jerusalem, is silenced by fear (Rashi/Metzudot).
2.A psalm that was especially precious to David
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 10 Kislev, 5777 · 10 December 2016
• Kuntres Acharon, middle of Essay 4
• מה שאין כן ההלכות, הרי הארת החכמה מאירה בהן בגילוי
• Rambam - Shabbat, 10 Kislev, 5777 · 10 December 2016
This is not so, however, with regard to the laws, in which a radiance of Wisdom illuminates them manifestly; they do not conceal it.
ולבוש העשיה הוא דרך מעבר לבד
The garment of Asiyah serves merely as a passage,
Though the laws vested in the physical things of this world (the physical World of Asiyah) are thus subject to the concealment that pervades Asiyah, they are not garbed in it to the point that the garment essentially affects the wearer, for they merely pass through the garment of Asiyah.
כמו ביום טוב, שחסד דאצילות, המלובש לגמרי בחסד דבריאה, מחיה עולם הזה הגשמי
just as on the festivals, when Chesed of Atzilut, which is completely clothed in Chesed of Beriah, vivifies this physical world
על ידי מעבר חסד דיצירה ועשיה
by passing through the Chesed of Yetzirah and of Asiyah,
הנקרא גם כן התלבשות
this [passage] is also called investment,1
שאם לא כן, לא היה פועל בגשמיות עולם הזה
for otherwise it would not affect the physicality of This World.
Thus, just as with regard to the festivals, though the animating light first passes through Yetzirah and Asiyah it is still considered to be an illumination of Chesed of Beriah, so too with regard to the laws: The light within the laws merely “passes through” the physicality with which they deal; it always retains a radiation of Supreme Wisdom.
ואף שגשמיות עולם הזה ודאי מסתיר לגמרי אפילו החסד דעשיה
Now though the physicality of This World as discussed in the law unquestionably conceals completely even the Chesed of Asiyah — and surely, then, it conceals the diffusion of Supreme Wisdom,
מכל מקום ההלכה עצמה אינה גשמיות ממש
still the law proper is not actually physical;
שהיא בחינת רצון, הנמשך מחכמה עילאה, להקל או להחמיר
it is the Divine Will, drawn from the Supreme Wisdom, for leniency or severity.
G‑d’s wisdom affirms that it be His will that a particular legal ruling be either lenient or strict.
רק שיורד ומאיר בבחינת גילוי בגשמיות, כמים היורדים ממקום גבוה כו׳
It is only that this [Will] descends and illuminates in revealed fashion in the realm of the physical, just as water descends from a high place, and so on.
It is the very same water that is now to be found in a low place.
והדבר הגשמי עצמו, שבו מדברת ההלכה, באמת הוא מסתיר לגמרי
The physical object itself which the law discusses does, in fact, utterly obscure,
כמו המחליף פרה בחמור, וכן בשר הפיגול, או לא פיגול וכשר
as, for example, in the law of2 “one who exchanges a cow for a donkey,” or the laws concerning flesh that is pigul, or is not pigul and is kosher.
The actual cow or donkey or flesh do in fact completely conceal the radiance from the Supreme Wisdom.
In contrast, it was stated above that when holding a physical etrog one is grasping the G‑dly essence of Atzilut. The difference lies in the fact that the etrog is part of the mitzvah. As such, it has no identity other than G‑dliness and thus does not conceal it. Since, by contrast, the physical cow or donkey are not part of the law, they can conceal G‑dliness. With regard to the human intellect, however, which studies this law, since the “intellectual” cow and donkey are part of the law, they in fact do not act as a concealment.
רק ההלכה בעצמה, עם הטעם הנגלה, היא מבחינת מלכות דבריאה ויצירה דבחינת נשמה
Only the legal ruling itself with its revealed rationale are from Malchut of Beriah (i.e., the reasoning of the Gemara) and of Yetzirah (i.e., the rulings of the Mishnah), of the state of Neshamah,
שהוא אלקות, המחיה ומהוה נפש רוח דבריאה יצירה עשיה
which is G‑dliness that vivifies and brings into being the Nefesh-Ruach of Beriah, Yetzirah and Asiyahwhich are in the category of created beings,
שהן דחילו ורחימו של המלאכים והנשמות וחב״ד שלהם, מאין ליש
and which are the awe and love of angels and souls and their ChaBaD, i.e., the contemplation of G‑d’s greatness that leads to love and fear; — all this is created and vivified ex nihilo, as are all created beings.
ולכן הוא מרוה צמאונם
As to this radiation of Supreme Wisdom that descends through Malchut of Beriah and Yetzirah, in the form of Torah as it is found in those worlds prior to its descent below, it therefore slakes [the] thirst of the souls and angels in the Worlds of Beriah and Yetzirah,
קודם שירדה לעולם הזה, כמים היורדים כו׳
before its descent into This World like descending waters....3
וגם אחר שירדה לעשיה, היא למעלה מעלה מבחינת חכמה בינה דעת דעשיה, אפילו דבחינת נשמה, שהיא אלקות
Even after it descends into Asiyah, it transcends by far ChaBaD of Asiyah, even of the state of Neshamah, which is G‑dliness.
For this is G‑dliness of Asiyah, while the illumination of Supreme Wisdom within the laws is the G‑dliness of Atzilut.
| FOOTNOTES | |
| 1. | Note of the Rebbe: “See Or HaTorah, Parshat Shemini, p. 470ff.” |
| 2. | Bava Metzia 100a. |
| 3. | Taanit 7a. |
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Negative Commandment 321
Going Beyond City Limits on Shabbat
"Let no man go out of his place on the seventh day"—Exodus 16:29.
It is forbidden on Shabbat to travel more than 2,000 cubits (approximately 3000 ft.) out of a city's parameters.
Full text of this Mitzvah »
• Going Beyond City Limits on Shabbat
Negative Commandment 321
Translated by Berel Bell
The 321st prohibition is that we are forbidden to travel [even by foot] on Shabbos.
The source of this commandment is G‑d's statement1, "No man may leave his place on the seventh day."
Oral Tradition defines limit of "travel" as 2000 amos2 beyond the city limit; one may not walk even a single amoh more. However, one may walk within 2000 amos from the city limit in any direction.3
The Mechilta says: " 'No man may leave his place,' — this means beyond 2000 amos."
Our Sages said in tractate Eruvin4, "For violating the prohibition of the Shabbos limit, one receives lashes by Biblical ordinance."5
The details of this commandment are discussed in that same tractate.
FOOTNOTES
1.Shmos 16:29.
2.Approximately 3000 ft. In Mishneh Torah (Hilchos Shabbos 27:1), the Rambam rules that walking 2000 amos is prohibited only by Rabbinic law, while the Biblical prohibition is in effect only at 12 mil, or approximately 24,000 amos.
The Rambam himself explains, however, (in responsa 310, quoted in Mishneh Torah, Kapach ed., p. 575) that there is no contradiction between his two works. Sefer Hamitzvos is meant only to give a general description of the mitzvah, so he did not mention the two categories. Mishneh Torah, on the other hand, gives all the relevant halachic details. See also Introduction to Sefer Hamitzvos.
3.In Mishneh Torah (ibid.), the Rambam explains that this area is considered within the suburbs of the city (see Num. 35:5).
4.17b.
5.With this quote, the Rambam proves that this mitzvah in included in the count of the 613 mitzvos.
• Rambam - 1 Chapter: Hilchot Nizkei Mamon Hilchot Nizkei Mamon - Chapter Three
• Hilchot Nizkei Mamon - Chapter Three
• Rambam - 3 Chapters: Eruvin Eruvin - Chapter Six, Eruvin Eruvin - Chapter Seven, Eruvin Eruvin - Chapter Eight
• Eruvin - Chapter Six
• Hayom Yom: Today's Hayom Yom
• Shabbat, 10 Kislev, 5777 · 10 December 2016
• "Today's Day"
• Tuesday, Kislev 10, 5704
Torah lessons: Chumash: Vayishlach, Shlishi with Rashi.
Tehillim: 55-59.
Tanya: This is not so (p. 613)...which is G-dliness. (p. 615).
On this day in 5587 (1826) the Mitteler Rebbe was released from his imprisonment in the city of Vitebsk. During the preceding Chol Hamo'ed Sukot it became known that the Mitteler Rebbe had been slandered. On Sunday of parshat Noach, 28 Tishrei, he left Lubavitch accompanied by officers. At noon he arrived in Dobromisl, where he said the maamar Mayim rabim etc. On Monday he left there, and travelled to Lyozna, where he said the maamar Reshafeha rishpei etc. On Tuesday he left there for Vitebsk where he remained imprisoned until the Sunday of Vayishlach, 10 Kislev.
• Daily Thought:
Light's Advantage
There was darkness and there was light. And He chose light.
He didn’t have to choose light. He could have chosen an eternal wrestling match of light and dark. What greater pleasure can there be than the aroma of darkness struck down and transformed to a throne for light?
Nevertheless, he chose light. He chose to set a time for the obliteration of darkness, a time of pure and perfect light. And what does He have from that?
He needs nothing from that. That is the plan He so desired.[Bati L’gani 5731.]
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1
It is taken for granted that an animal is prone to eat fruit, vegetables or the like. Therefore, if [an animal] enters a domain belonging to another person and eats produce that it would normally eat, [the owner of the animal] is liable for the entire amount of the damages, as stated [in Exodus 22:4]: "And if he shall send forth his animals, and they shall pasture in another's field, payment should be exacted from his choice field." If [the animal] ate produce belonging to another person in the public domain, [the owner] is not liable.1 If [the animal] benefits [from eating the produce], the owner must pay for the benefit [his animal received], but not for the damages caused.
א
הבהמה מועדת לאכול פירות או ירקות וכיוצא בהן. לפיכך אם נכנסה לרשות הניזק ואכלה דברים שדרכה לאכלם משלם נזק שלם שנאמר ובער בשדה אחר מיטב שדהו וגו'. ואם אכלתם ברשות הרבים פטור ואם נהנית משלם מה שנהנית לא מה שהזיקה:
2
What is implied? If [an animal] entered another person's domain and ate sesame seeds, chestnuts or the like that were worth a dinar, [the owner] must pay a dinar. If [the animal ate these foods] in the public domain and derived benefit, we consider [these foods] as if they were barley or fodder, and [the owner is required to] pay the wholesale2 price of fodder3 or barley.4
ב
כיצד נכנסה לרשות הניזק ואכלה שומשמין או לוט וכיוצא בהם בשוה דינר משלם דינר. ואם אכלתן ברשות הרבים ונהנית רואין אותן כאילו הם שעורים או עמיר ומשלם דמי עמיר או דמי שעורים בזול:
3
If the animal ate foods that are harmful to it - e.g., it ate wheat - since it did not derive any benefit, [the owner] is not liable. If it ate substances that it would not usually eat - e.g., it ate a garment or a utensil - [the owner] should pay half the damages.5[This applies] both in a private domain and in a public domain. [The rationale is that] this is a deviation. [Hence, the owner is liable for only half the damages. He is liable for damage caused in the public domain, however] because it is the ordinary practice of people to leave their utensils or garments in the public domain while they rest.
ג
אכלה אוכלים הרעים לה כגון שאכלה חיטין הואיל ולא נהנית פטור. אכלה אוכלין שאין דרכה לאכלן כגון שאכלה כסות ג או כלים בין ברשות הניזק בין ברשות הרבים משלם חצי נזק שזה שינוי הוא ודרך בני אדם להניח כליהם וכסותן ברשות הרבים עד שינוחו מעט:
4
There is a doubt [regarding the liability of the owner when his] animal is standing in a private domain, but takes produce [belonging to the owner of the private domain] from the public domain and eats it in that private domain.6 Therefore, [the owner] is liable only for the benefit [his animal] derived.7 If, however, the person whose property was damaged seizes possession of the full worth of the damage [caused by the animal], it should not be expropriated from him,8 for [the produce] was eaten in his domain.
ד
בהמה שהיתה עומדת ברשות הניזק ותלשה פירות מרשות הרבים ואכלתן ברשות הניזק הרי הדבר ספק לפיכך אינה משלמת אלא מה שנהנית
5
When a dog entered a courtyard, took bread or meat, brought it into the public domain or to another courtyard9 and ate it there, [the owner] should pay for the benefit [the dog] received.10 If [the dog] ate [the food] in a field belonging to the owner of the courtyard, the [dog's owner] must pay the full extent of the damages as if it had been eaten in the courtyard, because it was eaten in a domain belonging to the person whose property was damaged.11 The same [laws] apply in all analogous situations.
ה
כלב שנכנס לחצר ונטל פת או בשר והוציאן לרשות הרבים או לחצר אחר ואכלם שם מה שנהנה משלם. אכלם בשדה של בעל החצר משלם נזק שלם כאילו אכלן בתוך החצר שהרי ברשות הניזק אכל. וכן כל כיוצא בזה:
6
[The following rules apply when] an animal eats foods that it would not ordinarily eat, but would eat under constraint: e.g., a cow that ate barley, a donkey that ate vetch12 or fish, a pig that ate a piece of meat, a dog that licked oil, a cat that ate dates and the like. If the foods were eaten in a domain belonging to the person whose property was damaged, [the owner] must pay the entire amount of the damage.13 [If the foods were eaten] in the public domain, he is not liable. If [the animal] benefited, the owner must pay for that benefit.
ו
בהמה שאכלה אוכלין שאין דרכה לאכלן אבל אוכלתן על ידי הדחק. כגון פרה שאכלה שעורים וחמור שאכל כרשינים או דגים ְוחזיר שאכל חתיכה בשר וכלב שלקק את השמן וחתול שאכל תמרים וכן כל כיוצא באלו. אם אכלה ברשות הניזק משלם נזק שלם וברשות הרבים פטור. ואם נהנית משלם מה שנהנית:
7
When a beast enters a private domain and seizes an animal or meat14 and eats it, [its owner] must pay the full extent of the damages, for this is its ordinary course of behavior. When, however, a dog eats small sheep,15 or a cat eats large cocks,16 this is considered to be a deviation,17 and [the owner] is liable for [only] half the damages.
ז
חיה שנכנסה לרשות הניזק וטרפה ואכלה בהמה או בשר משלם נזק שלם שזהו דרכה. אבל ו כלב שאכל כבשים קטנים או חתול שאכל תרנגולים גדולים הרי זה שינוי ומשלם חצי נזק:
8
When there is a basket of bread [in a private domain], and a donkey enters and breaks the basket and eats the bread, [the owner] is liable for the full extent of the damages, for this is [a donkey's] ordinary behavior. Similarly, if a goat sees a turnip or the like on the opening of a jug, stumbles over the jug and eats the turnip and breaks the jug, [the owner] must pay the full damages for both, for it is the ordinary pattern [for such an animal] to hang on to utensils and climb on them in order to eat. The same applies in all analogous situations. If, however, a donkey came in and ate bread and then broke a basket, [the owner] is liable for full damages for the bread, but only half damages for the basket.18 The same applies in all analogous situations.
ח
סל שיש בו לחם ונכנס חמור ושבר הסל ואכל הלחם משלם על הסל ועל הלחם נזק שלם שזה הוא דרכו. וכן שעיר עזים שראה לפת וכיוצא בו על פי החבית ונסתבך בחבית ואכל את הלפת ושבר את החבית משלם על שניהם נזק שלם. כשם שדרכו לאכול כך דרכו להתלות בכלים ולעלות כדי לאכול וכן כל כיוצא בזה. אבל אם נכנס החמור ואכל את הלחם ואחר כך שבר את הסל על הלחם משלם נזק שלם ועל הסל חצי נזק וכן כל כיוצא בזה:
9
When an animal eats [produce] in the marketplace, whether when walking or when standing, [its owner] must pay [only] for the benefit it received.19 This applies even if the animal turns [its head] to the corners of the marketplace and eats.20 If, however, the animal left the marketplace and went and stood at the corner of the marketplace and ate [produce], [its owner] must pay for the damages.21 If the animal ate from [produce in] the storefront, [the owner] must pay [only] for the benefit it received. If it ate from [produce] within the store, he must pay the full extent of the damages.
ט
בהמה שאכלה מתוך הרחבה בין דרך הליכתה בין שעמדה ואכלה משלם מה שנהנית, ואפילו חזרה על צדי הרחבה ואכלה מהן. אבל אם הניחה את הרחבה והלכה ועמדה בצדי הרחבה ואכלה משלם מה שהזיקה. א אכלה מפתח החנות משלם מה שנהנית מתוך החנות משלם מה שהזיקה:
10
If an animal was walking in the public domain and stretched out its neck and ate from [produce] that was [loaded onto] another animal's back, [its owner] must pay [only] for the benefit it received, for it is common for animals to eat from [a load] being carried by another.22 [This law applies] even when [the animal] stands. If it jumped23 to eat from the [produce] that was [loaded onto] another animal's back, [its owner] must pay the full extent of the damages,24 because the back of another animal is considered to be the private domain of the person who suffered the damage.
י
היתה מהלכת ברשות הרבים ופשטה צוארה ואכלה מעל גבי חברתה ואפילו עמדה משלם מה שנהנית שכן דרך הבהמות לאכול זו מעל גבי זו. ואם קפצה ואכלה על גבי חברתה משלם מה שהזיקה שגבי חברתה כחצר הניזק הוא חשוב:
11
When an animal slips on a stone or on urine and falls onto fruit or vegetables or eats them, [the owner] is required to pay [only] for the benefit it receives. Even if it walks from one row to another row, and even if it stays there the entire day, he is required to pay [only] for the benefit it receives.25 What benefit could it receive from falling? That it fell on a soft place and did not crush its limbs. If, by contrast, an animal descended [into private property] in an ordinary manner and ate produce, [the owner] must pay the full extent of the damages. Even if it soiled produce with its afterbirth, [the owner] must pay the full extent of the damages, because the first stage involved negligence.26 Similarly, if it was pushed by another animal and fell, [the owner] must pay the full extent of the damages, because he should have had them pass one by one so that they would not push each other.27
יא
בהמה שהוחלקה באבן או במימי רגליה ונפלה לגינה ונחבטה על גבי פירות וירקות או שאכלה משלם מה שנהנית. אפילו הלכה מערוגה לערוגה ואפילו נשארה שם כל היום כולו אינו משלם אלא מה שנהנית. ומה הנאה יש לה בחביטה שהרי מצאה מקום רך ולא נתרסקו איבריה. אבל אם ירדה כדרכה ואכלה משלם מה שהזיקה. ואפילו טנפה פירות במי לידה משלם מה שהזיקה מפני שתחילתו בפשיעה. וכן אם דחפתה חברתה ונפלה משלם מה שהזיקה מפני שהיה לו להעבירן אחת אחת כדי שלא ידחפו זו את זו:
12
If it slipped and fell [into another person's garden], departed28 and then returned to that garden, [the owner] must pay the full extent of the damages, even if it returned without his knowledge. He was obligated to watch it, [and prevent it] from returning.29 For it is known that if an animal knows the way to a garden, it will return on its own initiative.
יב
13
When a potter brings his wares into a person's courtyard without his permission, and an animal belonging to the owner [of the courtyard] broke the pottery, [the owner] is not liable.30 [Moreover,] if the animal is injured, the potter is liable.31 If he brought his wares in with [the owner's] permission, [the potter is not liable [for the animal's injury].32 If the owner made a commitment to guard the pottery, he is liable [for the damages].
יג
הקדר שהכניס קדרותיו לחצר בעל הבית שלא ברשות ושברתן בהמתו של בעל הבית פטור, ואם הוזקה בהן בעל הקדרות חייב. ואם הכניס ברשות פטור. ואם קבל עליו בעל הבית לשמור את הקדרות בעל הבית חייב:
14
Similarly, if [a person] brought produce into a courtyard belonging to another individual without his permission and the animal belonging to the owner [of the courtyard] ate it, [the owner of the courtyard] is not liable.33 If the animal slipped on it and suffered injuries, the owner of the produce is liable.34 If he brought the produce in with [the owner's] permission, [the owner of the produce] is not liable [for the animal's injury].35 If the owner [of the courtyard] made a commitment to guard the produce, he is liable [for the damages to the produce].36 If the person brought produce [into a courtyard] without permission, and an animal belonging to the owner of the courtyard ate it and suffered injury because it ate it, the owner of the produce is not liable. The animal should not have eaten it.37 When the owner of a courtyard allowed a person to bring his produce into [the courtyard] and left [the owner of the produce] to watch it, if an animal belonging to the owner of the courtyard ate from the produce and suffered damages, the owner of the produce is liable. Since he saw the animal eating produce that could damage it and took no action, he is liable. For the owner of the courtyard is not present to banish his animal from them. An incident occurred when a woman entered to bake in the house of her neighbors.38 They left her alone, so that they would not see her while she was kneading and baking.39 A goat belonging to the owner came and ate from [her raw] dough and died. The Sages obligated her to reimburse [the owners] for the goat. These principles apply in all similar situations.
יד
וכן אם הכניס פירותיו לחצר בעל הבית שלא ברשות ואכלתם בהמתו של בעל הבית פטור. ואם הוחלקה בהן והוזקה בעל הפירות חייב. ואם הכניס ברשות פטור. ואם קבל עליו בעל הבית לשמור את הפירות
15
When a person made a grain heap in a field belonging to a colleague without the latter's permission, and an animal belonging to the owner of the field ate it, [the owner of the field] is not liable. If the animal slipped on it and suffered injuries, the owner of the produce is liable. If the animal ate it and suffered injury because it ate it, [the owner of the produce] is not liable.40 If he had permission to make the grain heap, the owner of the field is liable, even if he did not accept the responsibility to guard [the grain pile]. Once a watchman in the granaries says: "Make your grain heap here," it is as if he told him: "Make your grain heap and I will guard it for you."41
טו
המגדיש בתוך שדה חבירו שלא ברשות ואכלתן בהמתו של בעל השדה פטור. ואם הוחלקה והוזקה בעל הפירות חייב. אכלתן והוזקה באכילתן פטור. ואם הגדיש ברשות בעל השדה חייב
FOOTNOTES
1.
The proof-text stated above explicitly states that the owner is liable when his animals pasture in another's field. This is understood as excluding the public domain.In Chapter 1, Halachah 8, the Rambam explains the rationale for this exclusion: It is the habit of an animal to go and eat as it proceeds - i.e., if a person leaves produce in the public domain, he should take it for granted that it will be eaten by the animals passing through.
2.
Our translation is loose. The Hebrew b'zol literally means as they are cheap. Rashi (Bava Kama 20a) states that he should pay 2/3 of the market price of the fodder. The reason for this reduction is that the owner is being forced to pay against his will.Based on his interpretation of the Rambam's Commentary on the Mishnah (Bava Kama 2:2), the Shiltei Gibborim interpret b'zol as meaning when they are cheap - i.e., if they cost less than the substance eaten by the animal.
3.
Here also we have used a loose translation, because as mentioned in the Maggid Mishneh, the Kessef Mishneh and the Lechem Mishneh, there are several different interpretations of the Hebrew term emir.
4.
I.e., although the chestnuts or the sesame seeds are more valuable than the simple fodder, the owner is required to pay only the market price for the fodder, for that is what he would have fed his animal.
5.
The commentaries explain that this damage is considered a derivative of goring.
6.
There are two dimensions to the damage: the place from which the produce was taken, and the place where it was destroyed. One is not liable for produce taken from the public domain, but one is liable for produce eaten in a private domain. Hence the doubt mentioned by the Rambam. See Shulchan Aruch (Choshen Mishpat 391:12.
7.
Because of the doubt, money cannot be exacted from its owner.
8.
Since the money is now in possession of the person whose property was damaged, it can also not be exacted from him. See the notes to Chapter 1, Halachah 11.
9.
Belonging to another person.
10.
I.e., he does not pay the full price of the food. The rationale is, as in the previous halachah, that the food was eaten in the public domain.
11.
The fact that it was taken away from the place from which it was originally taken is not significant, provided that it is eaten in a domain belonging to that owner.
12.
A type of bean usually eaten by cows.
13.
Despite the fact that this is not the animal's ordinary food, since it ate it, the owner is liable for the damages. If, however, an animal eats food that it would never eat - e.g., a cow ate meat - the owner must pay only half the damages Shulchan Aruch (Choshen Mishpat 391:3).
14.
The Tur and the Shulchan Aruch (Choshen Mishpat 391:6) interpret this as referring to raw meat alone.
15.
I.e., even small sheep; certainly this applies with regard to large sheep.
16.
Eating small cocks, however, is not considered a deviation. See Ketubot 41b.
17.
The Shulchan Aruch (loc. cit.) clarifies that this refers only to living animals. Once an animal has died, however, it is natural for a dog or cat to eat from its corpse regardless of its size.
18.
This is considered a derivative of goring. Hence the payment must be exacted from the body of the animal that caused the damage Shulchan Aruch (Choshen Mishpat 391:4).
19.
For the marketplace is considered to be part of the public domain.
20.
For this is also the ordinary practice of an animal in the public domain.
21.
The area on the side of the marketplace is considered to be a private domain, and considered like the private property of the person whose property was damaged (Tosafot, Bava Kama 21a).
22.
Therefore, it is considered to be an ordinary instance of an animal's eating produce in the public domain.
23.
And placed its forelegs on the other animal. By doing so, it is considered to have left the public domain and entered the domain of the person whose produce was damaged.
24.
The Tur and the Ramah (Choshen Mishpat 391:11) differ and maintain that this ruling applies only when it is impossible for the animal to eat the produce without jumping on the other animal.
25.
Since the animal entered the private domain by accident, its owner is not held responsible for the damage it caused.
26.
Even if the owner did not know that the animal was about to give birth, and thus the damage can be considered to have come about by forces beyond his control. Since the animal's entry into the private domain came as a result of negligence, the owner is held liable. See Chapter 2, Halachah 15.
27.
I.e., this is also considered negligence on the owner's part. The Tur and the Ramah (Choshen Mishpat 394:1) consider this to be accidental, and free the owner of responsibility.
28.
The Tur and the Ramah (Choshen Mishpat 394:2) state that this law applies when the owner is aware that the animal entered the garden and departed.
29.
The Maggid Mishneh, the Tur and the Ramah (ibid.) state that if the owner locked the animal in a stall in an ordinary manner, and the animal managed to escape and return to the garden, the owner is not liable, because he did everything necessary to prevent this from happening.
30.
His animal has free rein within his own courtyard; it can be assumed that it will walk freely and trod on anything placed there. The potter brought his wares there at his own risk.
31.
The pottery is considered to be a pit dug in someone's private property, because the potter should have taken the necessary precautions to ensure that the owner's animal would not be damaged.
32.
For the owner knew of the pottery and should have taken care that his animal not be damaged.
33.
For it can be assumed that his animal will eat any produce left in his courtyard.
34.
For he created an obstacle in another person's domain.
35.
Since the owner gave the person permission to place his produce there, he must take responsibility for his animal.
36.
Note the Tur and the Ramah (Choshen Mishpat 393:1, 398:5), who maintain that if the owner of the courtyard gave the person permission to bring his wares in, he becomes liable for them. He does not have to make an explicit statement accepting responsibility.
37.
I.e., the owner of the courtyard should take responsibility for making sure that his animal does not overeat (Sefer Me'irat Einayim 393:4).
38.
Sefer Me'irat Einayim 393:5 explains that this incident teaches that even when the owner of the produce does not know that the owner of the courtyard has left, under certain circumstances, he should take responsibility for the animal belonging to the owner of the courtyard.
39.
It is common for a woman to roll up her sleeves and bare her arms when she is kneading dough. Out of concern for modesty, the owners of the house left the room (Bava Kama 48a).
40.
These laws are basically a restatement of those of the previous halachah. The new insight stated by the Rambam comes in the following paragraph.
41.
Note the Lechem Mishneh and the Rambam's Commentary on the Mishnah (Bava Kama 6:3), which indicate that the watchman is liable and not the owner of the field.See, however, Sefer Me'irat Einayim 393:7, which states that this is speaking about an instance in which the owner himself guards his fields.
• Eruvin - Chapter Six
1
When a person leaves a city on Friday afternoon and deposits food for two meals at a distance from the city,1 but within its Sabbath limits,2 and by doing so establishes this as his place for the Sabbath, it is considered as if his base for the Sabbath is the place where he deposited the food for two meals, even if he returns to the city [before the commencement of the Sabbath] and spends the night in his home. This is called an eruv t'chumin.3
א
מי שיצא מן המדינה בערב שבת והניח מזון שתי סעודות רחוק מן המדינה בתוך התחום וקבע שביתתו שם. אע"פ שחזר למדינה ולן בביתו נחשב אותו כאילו שבת במקום שהניח בו שתי הסעודות. וזה הוא הנקרא עירובי תחומין:
2
On the following day, the person may walk two thousand cubits4 from [the place of] his eruv in all directions.5Accordingly, when a person walks two thousand cubits from his eruv on the following day within his city, he may walk only to the end of his limit. If, however, the entire city is included within his limit, the city is considered as if it were only four cubits, and he may continue to the end of his limit beyond the city.6
ב
ויש לו להלך ממקום עירובו למחר אלפים אמה לכל רוח. לפיכך כשהוא מהלך ממקום עירובו למחר אלפים אמה כנגד המדינה אינו מהלך במדינה אלא עד סוף מדתו. ואם היתה המדינה מובלעת בתוך מדתו תחשב המדינה כולה כארבע אמות וישלים מדתו חוצה לה:
3
What is implied? When a person places his eruv one thousand cubits to the east of his house in a city, he may walk two thousand cubits eastward from the place of his eruv on the following day. He may also walk two thousand cubits to the west, one thousand from the eruv to his house, and one thousand from his house westward. He may not walk to the end of the city [limits, if they are] beyond the thousand cubits.
If there are less than one thousand cubits from his house to the boundaries of the city7 - even if his Sabbath limits end one cubit outside the city - the entire city is considered to be four cubits, and he may proceed 996 cubits beyond it to complete [his Sabbath limits of] two thousand [cubits].
ג
כיצד הרי שהניח את עירובו ברחוק אלף אמה מביתו שבמדינה לרוח מזרח נמצא מהלך למחר ממקום עירובו אלפים אמה למזרח. ומהלך ממקום עירובו אלפים אמה למערב. אלף שמן העירוב עד ביתו ואלף אמה מביתו בתוך המדינה. ואינו מהלך במדינה אלא עד סוף האלף. היה מביתו עד סוף המדינה פחות מאלף אפילו אמה אחת שנמצאת מדתו כלתה חוץ למדינה תחשב המדינה כולה כארבע אמות ויהלך חוצה לה תשע מאות שש ותשעים אמה תשלום האלפים:
4
According [to this principle], if a person placed his eruv two thousand cubits [towards the east] of his house in a city, he would lose [the possibility of walking] throughout the entire [area of] the city [to the west]. Thus, he would be permitted [to walk] two thousand cubits from his house to his eruv and from his eruv two thousand cubits further. He may not walk even one cubit to the west of his house in the city.8
When a person places his eruv in a private domain - even if it is a metropolis like Nineveh, the ruins of a city, or a cave that is fit to be used as a dwelling - he is permitted to walk throughout its entire area and two thousand cubits beyond it in all directions.9
ד
לפיכך אם הניח עירובו ברחוק אלפים אמה מביתו שבמדינה הפסיד את כל המדינה כולה. ונמצא מהלך מביתו עד עירובו אלפים אמה ומעירובו אלפים ואינו מהלך מביתו במדינה לרוח מערב אפילו אמה אחת. המניח עירובו ברשות היחיד אפילו היתה מדינה גדולה כנינוה ואפילו עיר חריבה או מערה הראויה לדיורין מהלך את כולה וחוצה לה אלפים אמה לכל רוח:
5
If a person deposits his eruv within the city in which he is spending the Sabbath, his actions are of no consequence and his [Sabbath limits] should not be measured from his eruv.10Instead, he is like the other inhabitants of the city, and may proceed two thousand cubits in all directions outside the city.
If a person deposits his eruv in the outlying areas that are included within the city's boundaries, and the calculation of [the city's] Sabbath limits begins beyond these areas,11 it is as if he had deposited it within the city [proper].
If a person deposits his eruv beyond the city's Sabbath limits, it is not considered to be a [valid] eruv.12
ה
המניח עירובו בתוך המדינה ששבת בה לא עשה כלום ואין מודדין לו ממקום עירובו אלא הרי הוא כבני המדינה כולן שיש להן אלפים אמה לכל רוח חוץ למדינה. וכן אם נתן עירובו במקומות המצטרפין לעיר שמודדין התחום חוץ מהם הרי זה כנותנו בתוך העיר. נתן עירובו חוץ לתחום אינו עירוב:
6
ו
אין מערבין עירובי תחומין אלא לדבר מצוה כגון שהיה רוצה לילך לבית האבל או למשתה של נשואין או להקביל פני רבו או חבירו שבא מן הדרך וכיוצא באלו. או מפני היראה כגון שהיה רוצה לברוח מן העובדי כוכבים או מן הלסטים וכיוצא בזה. ואם עירב שלא לאחד מכל אלו אלא לדברי הרשות הרי זה עירוב:
7
All foods that may be used for a shituf may also be used for an eruv t'chumin.17 Similarly, all foods that may not be used for a shituf are also unacceptable for an eruv t'chumin.
What is the minimum measure of food acceptable for an eruv t'chumin? The [amount of] food [sufficient] for two meals for every individual.18 When the food in question is a side dish,19 the minimum measure is an amount sufficient to accompany two meals - [i.e., it is governed by] the same [laws] as a shituf.
ז
כל שמשתתפין בו מערבין בו עירובי תחומין. וכל שאין משתתפין בו אין מערבין בו תחומין. וכמה שיעור עירובי תחומין מזון שתי סעודות לכל אחד ואחד. ואם היה לפתן כדי לאכול בו שתי סעודות. כמו השיתוף:
8
It is necessary for [the place where] a person [intends to spend the Sabbath]20 and his eruv to be in the same domain, so that it is possible for him to partake of it beyn hash'mashot.21
Therefore, if the person intends to spend the Sabbath in a public domain and places his eruv in a private domain, or if he [intends to spend the Sabbath in a] private domain and places his eruv in a public domain, the eruv is not valid. For it is impossible to transfer articles from a private domain to a public domain without performing a transgression.
ח
וצריך שיהיה הוא ועירובו במקום אחד כדי שיהיה אפשר לו לאוכלו בין השמשות. לפיכך אם נתכוין לשבות ברה"ר והניח עירובו ברה"י. או ברה"י והניח עירובו ברשות הרבים אינו עירוב. שאי אפשר לו להוציא מרה"י לרה"ר בין השמשות אלא בעבירה:
9
If, however, a person intends to spend the Sabbath in a private domain or in a public domain, and he places his eruv in a carmelit, or he intends to spend the Sabbath in a carmelit, and he places his eruv in a private domain or in a public domain, the eruvis acceptable. For during beyn hash'mashot, the time when the eruv is established, it is permitted to transfer articles from either of these domains to a carmelit for the sake of a mitzvah.
ט
אבל אם נתכוין לשבות ברה"י או ברה"ר והניח עירובו בכרמלית. או שנתכוין לשבות בכרמלית והניח עירובו ברה"י או ברה"ר הרי זה עירוב. שבשעת קניית העירוב שהוא בין השמשות מותר להוציא ולהכניס מכל אחת משתי הרשויות לכרמלית לדבר מצוה. שכל דבר שהוא מדברי סופרים לא גזרו עליו בין השמשות במקום מצוה או בשעת הדחק:
10
[The following rule applies when a person] places his eruvin a closet, locks it, and then loses the key: If he can remove his eruv without performing a labor that is forbidden by the Torah, it is valid.24
י
נתנו במגדל ונעל ואבד המפתח אם יכול להוציאו בלא עשיית מלאכה הרי זה עירוב. שאין אסור לעשות בין השמשות במקום מצוה אלא מלאכה. נתנו בראש הקנה או הקונדס הצומחין מן הארץ אינו עירוב גזירה שמא יתלוש. ואם היו תלושין ונעוצין הרי זה עירוב:
11
Whenever a person deposits an eruv, he is granted four cubits [in which to carry] at the place of the eruv. Thus, if a person places an eruv t'chumin at the end of the Sabbath limits, and then the eruv rolled two cubits beyond the Sabbath limits,27 the eruv is valid; it is not considered to have left its [original] place.
If, however, the eruv rolls more than two cubits [beyond the Sabbath limits], it is not valid, for it is beyond the Sabbath limits. And [as stated previously,]28 when an eruv is placed beyond a person's Sabbath limits, it is invalid, since the person is unable to reach his eruv.
יא
כל המניח עירובו יש לו במקום עירובו ארבע אמות. לפיכך המניח עירובי תחומין שלו בסוף התחום ונתגלגל העירוב ויצא חוץ לתחום בתוך שתי אמות הרי זה עירוב וכאילו לא יצא ממקומו. ואם יצא חוץ לשתי אמות אינו עירוב שהרי נעשה חוץ לתחום והמניח עירובו חוץ לתחום אינו עירוב מפני שאינו יכול להגיע אל עירובו:
12
The following rules apply when] an eruv rolled [more] than two cubits beyond the Sabbath limits,29 it became lost or burned, or it contained terumah and it became impure:30 If this occurred before the commencement of the Sabbath, the eruv is invalid. If it occurred after nightfall, it is valid. For an eruv is established beyn hash'mashot.31
If one is in doubt [when the above occurred], the eruv is valid, for when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.32 Therefore, if the eruv was eaten beyn hash'mashot, it is acceptable.
יב
נתגלגל העירוב ויצא שתי אמות חוץ לתחום או אבד או נשרף או שהיה תרומה ונטמאת מבעוד יום אינו עירוב. משחשיכה הרי זה עירוב. שקניית העירוב בין השמשות. ואם ספק הרי זה עירוב שספק העירוב כשר. לפיכך אם נאכל העירוב בין השמשות הרי זה עירוב:
13
[The above rules are relevant in the following situation:] Two individuals told a person,33 "Go and establish an eruvon our behalf." He established an eruv for one before the commencement of the Sabbath, and for the other, beyn hash'mashot. The eruv that was established before the commencement of the Sabbath was eaten beyn hash'mashot, and the eruv that was established beyn hash'mashot was eaten after nightfall.34
[The ruling is that] both eruvin are valid.35 For [the halachic status of] beyn hash'mashot is a matter of doubt,36 and when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.37 Nevertheless, if there is a question whether or not it is past nightfall, at the outset one should not proceed to establish an eruv.38 [After the fact,] if one established an eruv, it is valid.
יג
אמרו לו שנים צא וערב עלינו, אחד עירב עליו מבעוד יום ואחד עירב עליו בין השמשות וזה שעירב עליו מבעוד יום נאכל עירובו בין השמשות וזה שעירב עליו בין השמשות נאכל עירובו משחשיכה שניהם קנו עירוב. שבין השמשות ספק הוא וספק העירוב כשר. אף על פי כן ספק חשיכה ספק לא חשיכה אין מערבין עירובי תחומין לכתחלה ואם עירב הרי זה עירוב:
14
Although an avalanche falls on an eruv before the commencement of the Sabbath, it remains acceptable provided it can be removed without performing a [forbidden] labor. For it is permissible to remove it beyn hash'mashot,39, which is the time when the eruv is established.
If the avalanche fell on it after nightfall, it is also valid, even if it cannot be removed without performing a [forbidden] labor.40 If there is a doubt whether [the avalanche] fell before the commencement of the Sabbath or after nightfall, it is acceptable, because when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.
יד
נפל על העירוב גל מבעוד יום אם יכול להוציאו בלא עשיית מלאכה הרי זה כשר שמותר להוציאו בין השמשות שהיא שעת קניית העירוב. ואם נפל עליו גל משחשיכה הרי זה עירוב ואע"פ שאי אפשר להוציאו אלא בעשיית מלאכה. ספק מבעוד יום נפל או משחשיכה הרי זה כשר שספק העירוב כשר:
15
If, however, one established an eruv with terumahconcerning which there was a doubt about its ritual purity,41the eruv is invalid, for the meal is not fit to be eaten.42
[Similarly, an eruv is invalid in the following situation]: A person possessed two loaves of bread that were terumah. One of them was pure and one was impure, but he did not know which was pure and which was impure. Although he said, "The [loaf] that is pure, whichever it is, will serve as my eruv," the eruv is invalid, for the meal is not fit to be eaten.43
טו
אבל אם עירב בתרומה שהיא ספק טמאה אינו עירוב שאינה סעודה הראויה. וכן אם היו לפניו שתי ככרות של תרומה אחת טהורה ואחת טמאה ואינו יודע אי זו היא משתיהן ואמר עירובי בטהורה בכל מקום שהוא אינו עירוב. שאין כאן סעודה הראויה לאכילה:
16
If a person said: "This loaf of bread is not consecrated today, but it will be consecrated tomorrow," [and uses the loaf for an eruv,] the eruv is valid. For beyn hash'mashot, it had not as yet become definitely consecrated, and thus it was fit to be eaten before commencement of the Sabbath.
If, however, he said, "Today it is consecrated, and tomorrow it is not consecrated," it may not be used for an eruv, for it is fit [to be eaten] only after nightfall.44
Similarly, if one set aside terumah and made a stipulation that it will not become terumah until nightfall, it may not be used for an eruv. For throughout beyn hash'mashot it is tevel45 [which may not be eaten], and it is necessary for the meal [set aside as the eruv] to be fit to be eaten before the commencement of the Sabbath.46
טז
אמר ככר זו היום חול ולמחר קדש ועירב בה הרי זה עירוב. שבין השמשות עדיין לא נתקדשה ודאי וראויה היתה מבעוד יום. אבל אם אמר היום קדש ולמחר חול אין מערבין בה שאינה ראויה עד שתחשך. וכן אם הפריש תרומה והתנה עליה שלא תהיה תרומה עד שתחשך אין מערבין בה. שהרי היא טבל כל בין השמשות וצריך שתהיה הסעודה ראויה מבעוד יום:
17
יז
הנותן עירובו בבית הקברות אינו עירוב לפי שבית הקברות אסור בהנייה וכיון שרוצה בקיום העירוב שם אחר קנייה הרי נהנה בו. נתנו בבית הפרס הרי זה עירוב ואפילו היה כהן מפני שיכול ליכנס שם במגדל הפורח או שינפח והולך:
18
[These rules should be followed when] many desire to join together in an eruv t'chumin: They should each contribute enough food for two meals52 and place [the food] in a single container in [whichever] place they choose.53
If one person desires to make an eruv on behalf of many others, he must grant them a share by means of another person54 and notify them. [This is necessary because] an eruv t'chumin may not be established on a person's behalf unless he consents,55 since it is possible that he will not desire to have the eruv made in the direction chosen by the other person.
יח
רבים שרצו להשתתף בעירובי תחומין מקבצין כולן עירובן שתי סעודות לכל אחד ואחד ומניחין אותו בכלי אחד במקום שירצו. ואם עשה אחד עירוב על ידי כולן צריך לזכות להן על ידי אחר. וצריך להודיעם שאין מערבין לו לאדם עירובי תחומין אלא לדעתו שמא אינו רוצה לערב באותה הרוח שרצה זה. ואם הודיעו מבעוד יום אף על פי שלא רצה אלא משתחשך הרי זה עירוב. ואם לא הודיעו עד שחשכה אינו יוצא בו שאין מערבין משתחשך:
19
All the individuals entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot58 are also entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
Conversely, all the individuals who are not entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot are also not entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
יט
כל הזוכה בעירובי חצירות מזכין על ידו בעירובי תחומין. וכל מי שאין מזכין על ידו עירובי חצירות אין מזכין על ידו עירובי תחומין:
20
A person may give a ma'ah to a homeowner with the intent that [the latter] buy a loaf of bread for him and establish an eruv t'chumin on his behalf.59 [And we assume that the eruv has been established.] If, however, he gives [money] to a storekeeper or a baker, and tells him: "[Have someone] acquire a share on my behalf," we [do not assume that] an eruv has been established.60
[Even with regard to a storekeeper,] if he tells him: "Establish an eruv for me with this ma'ah," [we assume that the storekeeper] will buy bread or other foodstuffs with the money and establish an eruvon his behalf.61 If the person gave [a storekeeper] a utensil, and told him: "Give me food in exchange for this and establish an eruv[with that food] on my behalf," [we assume that he] will purchase the food and establish the eruv on his behalf.62
כ
נותן אדם מעה לבעל הבית כדי שיקח לו פת ויערב לו בה עירובי תחומין. אבל אם נתן לחנוני או לנחתום ואמר לו זכה לי במעה זו אינו עירוב. ואם אמר לו ערב עלי במעה זו הרי זה לוקח בה פת או אוכל מן האוכלין ומערב עליו. ואם נתן לו כלי ואמר לו תן לי בזה אוכל וזכה לי בו הרי זה לוקח אוכל ומערב עליו בו:
21
A person may establish an eruv t'chumin on behalf of his sons and daughters who are below the age of majority63and on behalf of his Canaanite servants and maidservants64 - with or without their knowledge.65 Therefore, if he has established an eruv for them and they have established an eruv on their own behalf, they should rely on [the eruv] established by their master.
A person may not, by contrast, establish an eruv for his sons and daughters who have passed majority, for his Hebrew servants and maidservants, or for his wife, without their consent.66 [This applies] even if they eat at his table.
If he established an eruv on their behalf, and they heard and remained silent without objecting, they may rely on the eruv that he established.67 If, however, he established an eruv for one of these people and [that person] established an eruv for himself, there can be no greater objection than this, and [that person] should rely on his own eruv.
A child of six years old or less may be taken out, relying on the eruv established for his mother.68 There is no need to set aside a separate amount of food equivalent to two meals for him.
כא
מערב אדם עירובי תחומין על ידי בנו ובתו הקטנים ועל ידי עבדו ושפחתו הכנענים בין מדעתן בין שלא מדעתן. לפיכך אם עירב עליהן ועירבו לעצמן יוצאין בשל רבן. אבל אינו מערב לא על ידי בנו ובתו הגדולים ולא על ידי עבדו ושפחתו העברים ולא על ידי אשתו אלא מדעתן. ואע"פ שהן אוכלין אצלו על שולחנו. ואם עירב עליהן ושמעו ושתקו ולא מיחו יוצאין בעירובו. עירב על אחד מהן ועירבו הן לעצמן אין לך מחאה גדולה מזו ויוצאין בעירוב עצמן. קטן בן שש שנים או פחות יוצא בעירוב אמו ואין צריך להניח עליו מזון שתי סעודות לעצמו:
22
A person has the option of sending his eruv with an agent [whom he has instructed to] deposit it in the location that he desires to define as his place for the Sabbath.69 He should not, however, send [the eruv] with a deaf-mute, a mentally incompetent individual, or a child,70 nor with a person who does not accept the mitzvah of eruv.71 If he sends the eruv with one of these individuals, it is not acceptable.
If, however, he sent [the eruv] with one of these individuals [with instructions for them] to bring it to a person who is acceptable [to act as an agent], so that the latter would take it and deposit it in the [desired] location, [the eruv] is acceptable. Indeed, even if he sent [the eruv] via a monkey or an elephant [it would be acceptable]. [There is, however, one stipulation: the person sending the eruv] must watch from afar until he sees the person who is unfit [to serve as an agent or the animal] reach the person who is fit [to serve as an agent], whom he has instructed to deposit the eruv.72
Similarly, many individuals who have joined together in an eruv t'chumin have the option of sending their eruv via an agent if they desire.
כב
הרוצה לשלח עירובו ביד אחר להניחו לו במקום שהוא רוצה לקבוע שביתתו שם הרשות בידו. וכשהוא משלחו אינו משלחו ביד חרש שוטה וקטן ולא ביד מי שאינו מודה במצות עירוב. ואם שלח אינו עירוב. ואם שלחו ביד אחד מאלו הפסולין להוליכו לאדם כשר כדי שיוליכו הכשר ויניחו במקום העירוב הרי זה כשר. ואפילו שלחו על הקוף או על הפיל. והוא שיהיה עומד מרחוק עד שיראה זה הפסול או הבהמה שהגיעו אצל הכשר שאמר לו להוליך את העירוב. וכן רבים שנשתתפו בעירובי תחומין ורצו לשלוח עירובן ביד אחר הרי אלו משלחין:
23
When one person or a group of people tell another person, "Go out and make an eruv on our behalf," and the person does so, choosing the direction in which to make the eruv himself, the eruv is acceptable.73 They may rely on it,74 for they did not specify the direction [they desired].
When a person says, "Establish an eruv for me with dates," and [his agent] establishes with dried figs, or he mentions dried figs, and [the agent] uses dates, the eruv is not acceptable. Similarly, if the person asked that the eruv be placed in a closet and it was placed in a dovecote, or [he asked that it be placed] in a dovecote, and it was placed in a closet, or [he asked that it be placed] in a house, and it was placed in a loft, or [he asked that it be placed] in a loft, and it was placed in a house, the eruv is not acceptable.75
If, however, the person told [the agent], "Establish an eruv for me," without making any specifications, the eruv is acceptable regardless of whether he used dried figs or dates, or deposited it in a house or in a loft.
כג
אחד או רבים שאמרו לאחד צא וערב עלינו ועירב עליהן באי זה רוח שרצה הרי זה עירוב ויוצאין בו שהרי לא ייחדו לו רוח. האומר לחבירו ערב עלי בתמרים ועירב עליו בגרוגרות בגרוגרות ועירב עליו בתמרים. א"ל הניח עירובי במגדל והניחו בשובך. בשובך והניחו במגדל. בבית והניחו בעליה בעליה והניחו בבית אינו עירוב. אבל אם אמר לו ערב עלי סתם ועירב עליו בין בגרוגרות בין בתמרים בין בבית בין בעליה הרי זה עירוב:
24
Just as a blessing is recited [before] establishing an eruv in a courtyard or a shituf in a lane,76 so too, a blessing is recited [before establishing] an eruv t'chumin.77
[After reciting the blessing,] one should say:78 "With this eruv, it will be permissible for me to proceed two thousand cubits in every direction from this location."
If he is establishing the eruv on behalf of many individuals, he should say, "With this eruv, it will be possible for 'so and so'..." or "for the people of this community..." or "for the inhabitants of this city to proceed two thousand cubits in every direction from this location."
כד
כשם שמברכין על עירובי חצירות ושתופי מבואות כך מברכין על עירובי תחומין, אומר בזה העירוב יהיה מותר לי להלך למקום זה אלפים אמה לכל רוח. ואם היה אחד מערב על ידי רבים ואומר בזה העירוב יהיה מותר לפלוני או לבני מקום פלוני או לבני עיר זו להלך ממקום זה אלפים אמה לכל רוח
FOOTNOTES
1.
Note Chapter 7, Halachah 1, which states that one may establish an eruv t'chumin by actually going on Friday afternoon to the location one desires to establish as one's place for the Sabbath. The possibility of depositing food was instituted by our Sages to expedite the process of establishing an eruv t'chumin, by allowing a person to have an agent deposit food for him.
2.
See Halachah 5 regarding both these factors.
3.
In his introduction to these halachot, the Maggid Mishneh questions why two seemingly separate concepts, eruv chatzerot and eruv t'chumin, are considered to be part of the same mitzvah and are described together. He explains that since both are Rabbinic ordinances that involve placing food in a specific place so that the place will be considered to be one's base for the Sabbath, they can be considered to be a single mitzvah.
4.
A cubit is 48 centimeters according to Shiurei Torah and 57.6 centimeters according to the Chazon Ish.
5.
A person is always allowed to proceed 2000 cubits in all directions from the place where he spends the Sabbath. (See Hilchot Shabbat 27:1.) Since the place where the person's eruv is located is considered his base for the Sabbath, his 2000 cubits are calculated from this place.
6.
The Rambam's statements here parallel his statements in Hilchot Shabbat 27:5, which explain that if a person's Sabbath limits end within a private domain, he is not entitled to proceed to the end of the domain. If, however, that domain is included within his 2000 cubits, it is considered to be only four cubits.
The Ramah (Orach Chayim 408:1) quotes the view of the Tur, the Hagahot Maimoniot, and other Ashkenazic authorities, who differ and maintain that one is allowed to proceed to the end of the private domain, even if it is further than 2000 cubits from one's eruv t'chumin. The Mishnah Berurah 408:12 mentions that many authorities support this ruling. See note 8.
7.
The Maggid Mishneh (in his gloss on this halachah and on Hilchot Shabbat 27:5) mentions the fact that when one establishes the Sabbath limits of a city, an imaginary square is constructed around the furthermost points in the city's area, and the Sabbath limits are calculated from that square. Thus, it is possible that land that is outside the city's urban limits may still be within the square from which its Sabbath limits are calculated.
Although a leniency is used in the calculation of the city's Sabbath limits, and these outlying areas are considered to be part of the city proper, this leniency is not turned into a stringency. If a person's 2000 cubits end beyond the city's urban area, but not beyond these outlying areas, the city is considered to be included within his Sabbath limits, and thus only four cubits in length. This concept is quoted by the Ramah (Orach Chayim 408:1).
8.
As mentioned above, the Tur and the Ramah (Orach Chayim 408:1) differ with the Rambam on this point and allow a person to walk throughout the entire city where his house is located, provided he sleeps in his home (Mishnah Berurah408:11).
9.
The rationale for this decision can be explained as follows: As explained in Hilchot Shabbat 27:1, the prohibition against proceeding more than 2000 cubits from one's place of residence on the Sabbath is derived from the verse (Exodus 16:29): "No man should leave his place on the seventh day." The term "his place" refers to the private domain in which he is located, regardless if it be a house, a city, or any other location.
By making an eruv t'chumin, a person redefines the location of "his place" on the Sabbath. Even if he is not located at that place at the commencement of the Sabbath or shortly thereafter, the location where he deposits his eruv is considered to be "his place" for this Sabbath. Therefore, if that location is a private domain, that entire domain is considered to be "his place," and the calculation of his Sabbath limits begins from its boundaries.
10.
If his acts had been considered significant, he would have decreased his Sabbath limits, and not increased them. For without the eruv, he would be allowed to proceed two thousand cubits from the city limits. This follows the Rambam's conception, in contrast to that of the Tur mentioned above.
11.
In Hilchot Shabbat 27:5 (see also note 6), it is explained that the Sabbath limits of a city are calculated from an imaginary square that may include several uninhabited areas in the city's periphery. If the eruv is placed in these outlying areas, it is as if it were placed in the city proper.
12.
Since the eruv is beyond his Sabbath limits, i.e., over 2000 cubits from the city's periphery, he may not reach it during beyn hash'mashot, the time when the acquisition of the eruv takes effect (Mishnah Berurah408:30). Therefore, the eruv is not valid. Instead, his Sabbath limits are defined from his home (Ramah, Orach Chayim 408:4).
13.
The Maggid Mishneh quotes the Rashba as saying that this applies only when one establishes one's eruv by using food. If, however, one actually walks to a place beyond a city's boundaries beyn hash'mashot, and in this manner establishes this location as one's place for the Sabbath, it is acceptable even if one's intent is not associated with a mitzvah. Although this view is not accepted by all authorities, the Mishnah Berurah 415:1 rules that in a pressing situation, one may rely on the more lenient view.
14.
The expression "a purpose associated with a mitzvah" is used in a very extended sense in this context. As an example, the Ramah (Orach Chayim 415:1) mentions a desire to take a stroll in a pleasant orchard.
15.
E.g., to proceed toward the end of one's Sabbath limits, so that one will be closer to a destination to which one desires to travel for business purposes after the Sabbath.
16.
Although this is a matter of disagreement among the Rabbis, the Shulchan Aruch(Orach Chayim 415:1) follows the Rambam's view.
It must be emphasized that the "fear" mentioned by the Rambam refers to a situation when there is not an obvious danger to the person's life. Were that to be the case, he would be allowed to proceed beyond the 2000 cubits even if he had not established an eruv, for a threat to life takes precedence over the observance of all the Torah's laws with the exception of idol worship, sexual immorality, and murder.
17.
In contrast to an eruv chatzerot, for which bread alone may be used, all foods may used for an eruv t'chumin and a shituf, with the exception of water, salt, and mushrooms (Chapter 1, Halachah 8).
18.
See Chapter 1, Halachah 9. There is, however, a distinction. Regarding a shituf, even when there are thousands of inhabitants involved, it is necessary to provide two meals only for eighteen people. In contrast, regarding an eruv t'chumin, food must be set aside for every person who desires to use the eruv.
19.
See Chapter 1, Halachah 10.
20.
This does not mean the person's home, or the place where he is standing beyn hash'mashot, but rather the place where he would partake of his eruv. There are times when it is impossible for him to partake of the eruv in the domain in which it is located - to cite the example given by the Mishnah, Eruvin 3:3: the eruv was placed in a tree more than ten handbreadths above the ground. In such instances, since it is not permissible to carry the eruv from the place where it was deposited to the place where the person would partake of it, the eruv is not valid.
21.
This is the time when the Sabbath commences, and it is at this hour that the eruv must be established.
22.
See Hilchot Shabbat 24:10.
23.
And, as mentioned in Halachah 6, it is only in situations such as these that it is permissible to establish an eruv t'chumin.
24.
If, however, he must perform a labor forbidden by the Torah to obtain the eruv, it is not valid. (See Chapter 1, Halachah 22.)
25.
Although Rabbinic prohibitions are not normally enforced beyn hash'mashot when a mitzvah is involved, our Sages maintained their decree in this instance. For one might think that the reed has already been detached, and it is likely that one might break it (Rambam's Commentary on the Mishnah, Eruvin 3:3).
26.
Provided that they are not implanted in the public domain and there is not a basket, four handbreadths by four handbreadths, at their top (Mishnah Berurah 409:14).
27.
The Ra'avad objects to the Rambam's ruling, noting that the matter is the subject of a difference of opinion between our Sages (Eruvin 45a): Rabbi Eliezer maintains that a person is considered to be located in the midst of the four cubits he is granted. Therefore, as the Rambam states here, he is granted only two cubits in either direction. Rabbi Yehudah differs and maintains that he is granted four cubits in either direction. It is Rabbi Yehudah's view that is accepted as halachah.
The Maggid Mishneh notes that in Hilchot Shabbat 12:15 and 27:11, the Rambam follows Rabbi Yehudah's view. There is, the Maggid Mishneh maintains, a difference between the ruling regarding the laws of carrying and the ruling regarding the Sabbath limits. His distinction is explained by the Radbaz (Vol. VI, Responsum 2237), who states that for an eruv t'chumin to be effective a person must be able to reach it while standing within the Sabbath limits. If the eruv is within two cubits of the Sabbath limits, the person can bend over and reach it. If it is further away, he would have to leave his Sabbath limits to reach it. Hence, it is not valid.
The Ra'avad's decision is quoted by the Shulchan Aruch (Orach Chayim 409:5).
28.
Halachah 5.
29.
As explained in the previous halachah.
30.
Impure terumah may not be eaten.
31.
If it is valid at this time, what happens to it afterwards is of no consequence (Rambam's Commentary on the Mishnah, Eruvin 3:4).
32.
Since the eruv was acceptable when deposited, it is granted a chezkat kiyyum - i.e., we assume that the status quoremained the same and that it remained acceptable until immediately before the difficulty was discovered (ibid.).
(Although the Rambam mentions this concept in his Commentary on the Mishnah, his ruling in the following halachah implies that he does not accept this as a hard and fast rule.)
33.
They both empowered him to act as a shaliach (agent) and establish an eruv for them.
34.
This situation represents a paradox: If beyn hash'mashot is considered to be before the commencement of the Sabbath, the eruvthat was eaten beyn hash'mashot is not valid. If beyn hash'mashot is considered to be after the commencement of the Sabbath, the eruv that was established beyn hash'mashot is not valid.
35.
If, however, the eruv that was established beyn hash'mashot was eaten beyn hash'mashot, it is not valid. (See Shulchan Aruch, Orach Chayim 393:3.)
36.
Beyn hash'mashot is the period between sunset and the appearance of three stars. There is a question if this period is considered to be part of the day or part of the night. See Hilchot Shabbat 5:4.
37.
This ruling (based on Shabbat 34a) reflects a difference of opinion among the Rabbis. As mentioned in the notes on the previous halachah, most authorities maintain that an eruv t'chumin (in contrast to an eruv chatzerot) is acceptable when there is a doubt involved, only because it possesses a chezkat kiyyum - i.e., we knew that it was acceptable beforehand, and we presume that its status remained the same until we know otherwise. (See also Halachah 15.)
Therefore, other authorities (Rabbenu Chanan'el, Rabbenu Tam, Rashba) interpret this law as referring to an eruv chatzerot. There a chezkat kiyyum is not necessary, for an eruv chatzerot is only a Rabbinic institution (in contrast to an eruv t'chumin, which involves a prohibition that has its source in the Torah itself).
Nevertheless, it is possible to justify the Rambam's decision, for the prohibition against going beyond two thousand cubits is Rabbinic in origin (Hilchot Shabbat 27:1). Accordingly, since we are sure that the food set aside for the eruv can be eaten before the commencement of the Sabbath, and the doubt is merely whether the eruv was made at the proper time, the question concerns a matter of Rabbinic law. Therefore, we follow the principle, "Whenever there is a doubt concerning a point of Rabbinic law, the more lenient opinion is followed."
The Shulchan Aruch (Orach Chayim 415:3) quotes both views (although the Rambam's appears to be favored). The Mishnah Berurah 415:11 favors the other view.
38.
Although at the outset, an eruv chatzerotmay be established beyn hash'mashot (see Chapter 1, Halachah 21), the laws regarding an eruv t'chumin are more severe (Rambam's Commentary on the Mishnah, Shabbat 2:6).
39.
Although the stones are muktzeh and removing them on the Sabbath would be forbidden, since a mitzvah is involved there is no prohibition against removing them beyn hash'mashot.
40.
For at the time the eruv was established it was valid, and what happens afterwards is of no consequence. (See also Chapter 1, Halachah 21.)
41.
As mentioned above, it is forbidden to partake of terumah if it is ritually impure. In this instance, however, there is a doubt and we do not know if, in fact, the terumah has contracted ritual impurity or not.
42.
With this phrase, the Rambam clarifies his position with regard to a question asked by many authorities based on the situation described in Halachah 13. As mentioned in the notes on that halachah, many authorities maintain that an eruv is considered acceptable when there is a doubt regarding its validity only when it possesses a chezkat kiyyum. As proof, they point to this law, which appears to indicate that the eruv is not considered acceptable because it was never known to be valid.
The Rambam explains that the reason why the eruv is not acceptable in this instance is not that it lacks a chezkat kiyyum, but because it may never be eaten. Because of the doubt involved, it is forbidden to partake of this loaf.
To summarize, in the instances mentioned in the previous halachot, the doubt revolves around the acceptability of the eruv. Therefore, we follow the principle, "when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable." In this halachah, the doubt is whether the terumah may be eaten. This is a question of Torah law, and we are required to rule stringently (Noda BiY'hudah, Yoreh De'ah, Vol. I, Responsum 65).
43.
Although there is a pure loaf there, since we do not know which loaf it is, the meal is not fit to be eaten.
44.
We are not certain that the sanctity with which it had been endowed has departed until nightfall. At that time, it is too late to establish an eruv.
45.
Food from which terumah and/or the other agricultural requirements were not separated. It is forbidden to be eaten until these separations are made.
46.
See Chapter 1, Halachah 22.
47.
This ruling is the subject of a debate among our Sages (Eruvin 26b). The Rambam follows the more stringent view. Although other authorities accept the more lenient ruling, the Shulchan Aruch (Orach Chayim409:1) cites the Rambam's decision. (See Be'ur Halachah.)
48.
The difficulty is not in the actual placement of the eruv beyn hash'mashot, for the placement of an eruv is a mitzvah and the mitzvot were not given for our personal benefit. The difficulty arises afterwards. Since the person desires that the eruv be maintained in the cemetery, he is deriving benefit from it. Hence, it is forbidden to establish an eruv in this manner (Eruvin31a; Rambam's Commentary on the Mishnah, Eruvin 3:1).
(See the gloss of Rabbi Akiva Eiger, who asks why the eruv is unacceptable. Although it is forbidden to derive benefit from the cemetery in this manner, the fact that a person violates this prohibition should not invalidate his eruv.)
49.
A field or yard that was plowed despite the fact that a grave was located there. Our Sages feared that some of the bones of the corpse became strewn throughout the field. Hence, they considered it to be impure ground (Hilchot Tum'at Meit 10:1).
50.
A compartment carried by other people or animals. Since there is a board below him, he does not contract ritual impurity when he passes above a grave or a corpse (tum'at ohel). (See the Rambam's Commentary on the Mishnah, ibid..)
51.
Our translation is based on the Rambam's Commentary on the Mishnah (ibid.). Others explain that this refers to blowing away any chips of bone.
52.
In contrast to an eruv chatzerot, the equivalent of two meals is required for every participant in the eruv, regardless of the number of the participants. The rationale is that through depositing the eruv, the person establishes the place in which he has deposited it as his "place" for the Sabbath. This must be done for every person participating in the eruv (Rambam's Commentary on the Mishnah, Eruvin 8:1).
53.
Note the parallel to Chapter 1, Halachah 17.
54.
As in Chapter 1, Halachah 20.
55.
In contrast to an eruv chatzerot, which, in most circumstances, is considered to be a benefit to a person unless he explicitly objects, an eruv chatzerot is dependent on the person's consent. For by extending his Sabbath boundaries in one direction, it reduces them in the other direction.
56.
The Mishnah Berurah 413:6 cites opinions that state that it is acceptable if one received notification beyn hash'mashot.
57.
Eruvin 82a, explains that thisis dependent on the principle of b'reirah - i.e., when a person decides to rely on the eruvretroactively, it becomes clarified that this was his original intent.
58.
See Chapter 1, Halachah 20.
59.
In contrast to a storekeeper or a baker, we assume a private person will fulfill the request made of him.
Generally, our Sages ordained that even when a purchaser has already paid for the item he purchased, the transaction is not finalized until he draws the item he purchased after him [(meshichah), Hilchot Mechirah 3:1]. In this instance, they allowed leniency, accepting the Torah's ruling that a sale is finalized by the purchaser's payment of money.
60.
For it is possible that the storekeeper will forget and not have another person acquire a share in the eruv (Rambam's Commentary on the Mishnah). Note the Maggid Mishneh, who offers a different explanation.
See also the Tur and the Shulchan Aruch(Orach Chayim 369:1), who interpret these laws as referring to an eruv chatzerot and do not mention them within the context of an eruv t'chumin.
61.
Since the person makes an explicit statement, we assume that the storekeeper will remember to do so.
62.
The Maggid Mishneh explains that, in contrast to a transaction made with money, a transaction made by exchanging articles is completed at the moment of the exchange. (See Hilchot Mechirah 5:1.) Therefore, the bread belongs to the person and can be used for the eruv.
Based on the Rambam's Commentary on the Mishnah cited previously, Rav Kapach offers a different interpretation: that since he will have to appraise the utensil or sell it, the storekeeper will remember to establish the eruv.
63.
Children below the age of majority do not have an independent halachic status.
64.
Canaanite servants are obligated to fulfill all the negative commandments of the Torah (including the obligation to keep the Sabbath limits). They are not, however, granted any independent decision-making capacity, and instead are considered as their owner's property.
65.
The Shulchan Aruch 414:1 states that this ruling applies even if they do not depend on their father or master for their sustenance.
66.
All these individuals possess the halachic right to make their own decisions, and their relationship with their father, master, or husband is no different from that between two other individuals.
67.
Since there is a high probability that these individuals will desire to rely on this eruv, there is no need for them to express their consent. The failure to object is sufficient. The Mishnah Berurah 414:4 adds a further leniency. Even if they were not notified about the eruv until after nightfall, since it can be assumed that they will desire to rely on the eruv, it is acceptable.
68.
In other halachic contexts as well (see Hilchot Sukkah 6:1), a child is considered to be dependent on his mother until the age of six. (See the Mishnah Berurah 414:7, which cites other opinions that require a separate eruv to be established for a child below the age of six.)
69.
And having charged the agent with this mission, he can rely on the agent to have deposited the eruv. He need not check to see if he has, in fact, done so (Eruvin 32b).
70.
These individuals are not considered to be responsible for their actions and may not serve as agents. There is, however, a difference regarding an eruv chatzerot, for in that context, all that is necessary is that they collect the food.
71.
I.e., a Sadducee or a Samaritan (Rambam's Commentary on the Mishnah, Eruvin 3:2). Needless to say, a gentile may not serve in this capacity, for he can never serve as an agent.
72.
The only reason it is necessary for him to watch is so that he knows that the eruv has in fact reached his agent (Eruvin, ibid.).
73.
The Maggid Mishneh explains that since this is a question of Rabbinic law, the principle of b'reirah is employed. This means that retroactively, it is considered that the decision made by the agent expressed the intent of the person who charged him with establishing the eruv.
74.
Even if they did not know the direction in which the eruv was established until after nightfall (Maggid Mishneh, Mishnah Berurah 409:52).
75.
Because the agent did not carry out the instructions given to him. These rulings apply regardless of whether the agent establishes the eruv with food belonging to him or with food belonging to the person who sent him (Mishnah Berurah 409:53).
76.
Chapter 1, Halachah 16. The very same blessing is recited for an eruv t'chumin. See also the notes on that halachah, which explain why a blessing is recited before the performance of a Rabbinic commandment.
77.
Note the Ra'avad, who objects to the recitation of a blessing for this mitzvah, for in contrast to other Rabbinic mitzvot, the institution of an eruv t'chumin does not introduce any new practice. Even an eruv chatzerot makes one conscious of the prohibition against carrying in a public domain. An eruv t'chumin, by contrast, merely grants a person a leniency.
The Maggid Mishneh explains the rationale for the Rambam's ruling. In practice, as stated in the Shulchan Aruch (Orach Chayim 415:4), the custom is to recite a blessing.
78.
Note the Mishnah Berurah 415:15, which states that if a person fails to make a statement of this nature, the eruv is not acceptable. As mentioned in the notes on the following chapter, this applies, however, only when one has deposited food for the eruv, and not when one has actually walked there oneself.
See also the Mishnah Berurah 415:16, which mentions that in his statement the person should specify that he is establishing the eruv for the following day, or for all the Sabbaths of the coming year.
Eruvin - Chapter Seven
1
When a person left his city on Friday and stood in a specific place within the Sabbath limits, or at the end of the Sabbath limits, and said,1 "This is my place for the Sabbath," although he returns to his city and spends the night there, on the following day he is permitted to walk two thousand cubits from that place in every direction.
This is the principal manner [of establishing] an eruv t'chumin - actually to go there by foot.2 [The Sages allowed] one to establish an eruv by depositing an amount of food sufficient for two meals in the place - although one did not actually go there and stand there - to expedite matters for a rich person, so that he will not have to travel by himself, and could instead send his eruv with an agent who will deposit it for him.
א
מי שיצא מערב שבת חוץ למדינה ועמד במקום ידוע בתוך התחום או בסופו ואמר שביתתי במקום זה וחזר לעירו ולן שם. יש לו להלך למחר מאותו מקום אלפים אמה לכל רוח. וזה הוא עיקר עירובי תחומין לערב ברגליו. ולא אמרו לערב בהנחת מזון שתי סעודות בלבד במקום אף על פי שלא יצא ולא עמד שם אלא להקל על העשיר שלא יצא אלא ישלח עירובו ביד אחר ויניחו לו:
2
Similarly, when a person decides to establish his place for the Sabbath in a specific location - e.g., at a tree, a house, or a fence that he can identify, and at nightfall:
a) there are two thousand cubits or less between him and that place; andb) he sets out to reach that place and establishes it to be his place for the Sabbath,
on the following day, he may proceed to that desired location and continue two thousand cubits in all directions. [Moreover, this law applies] even when he did not actually reach that place or stand there, but instead a friend had him turn back and spend the night at his home, or even if he himself decided to turn back, or was prevented [from going there by other factors].
[The rationale is that] since he made a resolve to establish [that location] as his place for the Sabbath, and set out for that purpose, it is considered as if he stood there or deposited his eruv there.
ב
וכן אם נתכוין לקבוע שביתתו במקום ידוע אצלו כגון אילן או בית או גדר שהוא מכיר מקומו ויש בינו ובינו כשחשכה אלפים אמה או לפחות והחזיק בדרך והלך כדי שיגיע לאותו מקום ויקנה בו שביתה אף על פי שלא הגיע ולא עמד שם אלא החזירו חבירו ללון אצלו או שחזר מעצמו ללון או נתעכב. למחר יש לו להלך עד מקום שנתכוין לו ומאותו המקום אלפים אמה לכל רוח. שכיון שגמר בלבו לקבוע שם שביתתו והחזיק בדרך נעשה כמי שעמד שם או שהניח עירובו שם:
3
When does the above apply? To a poor person, for we do not burden him [with the obligation of] depositing an eruv, or to a person who is in a distant place - e.g., a person on a journey who is afraid that soon night will fall. [This leniency is granted] provided there is enough time in the day for him to reach the designated place before nightfall - if he ran with all of his strength - and there are two thousand cubits or less between him and that place at nightfall.3
If, however, he was not far from the place in question,4 nor was he a poor man, or
there was not enough time in the day for him to reach the designated place before nightfall if he ran with all of his strength, orthere were more than two thousand cubits between him and that place at nightfall, orhe did not specify the location he intended as his place for the Sabbath,5
he is not able to designate a distant location as his place for the Sabbath. Instead, he is granted no more than two thousand cubits in all directions from the place at which he is standing at nightfall.6
ג
במה דברים אמורים בעני שאין מטריחין אותו להניח עירוב או ברחוק כגון מי שהיה בא בדרך והיה ירא שמא תחשך. והוא שישאר מן היום כדי להגיע לאותו מקום שקנה בו שביתה קודם שתחשך אם רץ בכל כחו והיה בינו ובין אותו מקום כשתחשך אלפים אמה או פחות. אבל אם לא היה רחוק ולא עני או שלא נשאר מן היום כדי שיגיע אפילו רץ בכל כחו או שהיה בין המקום שנתכוין לשבות בו ובין המקום שהוא עומד בו כשחשכה יתר מאלפים אמה או שלא כיון המקום שקנה בו שביתה. הרי זה לא קנה שביתה ברחוק מקום ואין לו אלא אלפים אמה לכל רוח ממקום שהוא עומד בו כשחשכה:
4
When a person stood in a private domain before the commencement of the Sabbath and designated it as his "place" for the Sabbath, or if he was traveling on a journey and had the intent of spending the Sabbath in a private domain that he knew and [thus] designated as his "place" for the Sabbath, he is entitled to walk throughout that domain and [continue] two thousand cubits in all directions.
If, however, this private domain was not enclosed for the purpose of habitation, or was a mound or a valley [different rules apply]: If it is the size of the area necessary to grow two se'ah [of grain] or less,7 one is entitled to walk throughout that domain and two thousand cubits in all directions.8 If it is larger than the size of the area necessary to grow two se'ah [of grain],9 [one's "place"] is considered to be only four cubits in that domain, [and one may proceed only] two thousand cubits from [this place] in all directions.
The same [law applies] when one places one's eruv in a domain that was not enclosed for the purpose of habitation.10
ד
מי שעמד מבעוד יום ברה"י וקנה שם שביתה או שהיה בא בדרך ונתכוין לשבות ברה"י הידוע אצלו וקנה שם שביתתו הרי זה מהלך את כולה וחוצה לה אלפים אמה לכל רוח. ואם היתה רשות היחיד זו מקום שלא הוקף לדירה או תל או בקעה אם היה בה בית סאתים או פחות מהלך את כולה וחוצה לה אלפים אמה לכל רוח. ואם היתה יותר על בית סאתים אין לו בה אלא ארבע אמות וחוצה מהן אלפים אמה לכל רוח. וכן אם הניח עירובו במקום שלא הוקף לדירה:
5
When a person [desires to] establish a distant location as his "place" for the Sabbath, but does not specify its exact location, he is not considered to have established it as his "place."
What is implied? A person was traveling on a journey and declared, "I will spend the Sabbath in such and such a place," "...in such and such a field," "...in such and such a valley," or "...a thousand cubits..." or "...two thousand cubits away from my present place," he has not established the distant location as his place for the Sabbath. [Instead,] he is entitled to proceed only two thousand cubits in all directions from the place where he is standing at nightfall.11
ה
הקונה שביתה ברחוק מקום ולא סיים מקום שביתתו לא קנה שביתה שם. כיצד היה בא בדרך ואמר שביתתי במקום פלוני או בשדה פלונית או בבקעה פלונית או ברחוק אלף אמה או אלפים ממקומי זה הרי זה לא קנה שביתה ברחוק ואין לו אלא אלפים אמה לכל רוח ממקום שהוא עומד בו כשחשכה:
6
[The following rule applies] when a person says, "I will spend the Sabbath under this and this tree," or "...under this and this rock." If there are eight cubits or more under the tree or the rock, the person has not established [the location] as his "place" for the Sabbath, because he did not specify an exact location. For were he to spend the Sabbath in a particular four cubits, [he could be in error,] lest the other four cubits be the ones defined as his "Sabbath place."12
ו
אמר שביתתי תחת אילן פלוני או תחת סלע פלוני אם יש תחת אותו אילן או אותו סלע שמונה אמות או יתר לא קנה שביתה שהרי לא כיון מקום שביתתו. שאם בא לשבות בתוך ארבע אמות אלו שמא בארבע אמות האחרות הוא שקנה שביתה:
7
Therefore, it is necessary for a person to have the intent of establishing [a specific portion of the space - e.g.,] at [the tree's] base, its southern side, or its northern side, as his "Sabbath place."
If there are less than eight cubits under [the tree], and he intends to spend the Sabbath under it, he acquires it [as his "Sabbath place"]. [The rationale is that] there is no room [under the tree] for two places, and at least a portion of his [Sabbath] "place" has been defined.13
[This is the course of action to follow when] two people were coming on a journey, and one is familiar with a tree, fence, or other place that he desires to establish as his place, and the other is not familiar with the place. The person who is unfamiliar [with the place] should entrust the right to establish his "Sabbath place" to the one who is familiar with the place, and the latter should have the intent that he and his colleague should spend the Sabbath in the place with which he is familiar.
ז
לפיכך צריך להתכוין לשבות בעיקרו או בארבע אמות שבדרומו או שבצפונו. ואם היה תחתיו פחות משמנה אמות ונתכוין לשבות תחתיו קנה שהרי אין שם שיעור שני מקומות והרי מקצת מקומו מסויים. היו שנים באים בדרך אחד מהן מכיר אילן או גדר או מקום שהוא קובע בו שביתה והשני אינו מכיר. זה שאינו מכיר מוסר שביתתו למכיר והמכיר מתכוין לשבות הוא וחבירו במקום שהוא מכיר:
8
[The following rules apply when] the inhabitants of a city have sent a person to deposit their eruv in a specific place, he set out on his way, but a colleague had him return, and he did not deposit the eruv [on behalf of the inhabitants]: Since their eruv was not deposited in the desired location, [that location] is not established as their "Sabbath place," and they are not allowed to walk more than two thousand cubits in all directions from [the boundary of] their city.
[The person who went to deposit the eruv], by contrast, is considered to have established that location as his "place" for the Sabbath, because he had set out on the way to that location with the intent of establishing it as his "Sabbath place."14 Therefore, on the following day, he is permitted to proceed to the [desired] place and continue two thousand cubits from it in all directions.
ח
אנשי העיר ששלחו אחד מהן להוליך להן עירובן למקום ידוע והחזיק בדרך והחזירו חבירו ולא הוליך עירובן. הן לא קנו שביתה באותו מקום שהרי לא הונח שם עירובן ואין להן להלך ממדינתן אלא אלפים אמה לכל רוח. והוא קנה שם עירוב שהרי הוא בא בדרך ונתכוין לשבות שם והחזיק בדרך. לפיכך יש לו להלך לאותו מקום למחר ולהלך ממנו אלפים אמה לכל רוח:
9
The statement made previously,15 that a person who desires to establish a location as his Sabbath place from a distance need merely set out on the way, does not mean that he must depart and begin walking through the fields. Even if he merely descended from the loft with the intent of proceeding to [the desired] place, and before he left the entrance of his courtyard, a colleague prevailed on him to return, he is considered to have set out [on his way], and may establish his "Sabbath place" in that location.16
When a person establishes a location as his "Sabbath place" from a distance, he need not make an explicit statement, "This and this location is my 'Sabbath place.' It is sufficient for him to make a resolve within his heart and to set out on the way [to] establish that location as his "Sabbath place."17
Needless to say, a person who traveled by foot and actually stood at the location that [he desired to] establish as his "Sabbath place" need not make a statement. Making a resolve within his heart is sufficient to establish [the location as his "Sabbath place"].
ט
זה שאמרנו שצריך הקונה שביתה ברחוק מקום שיחזיק בדרך, לא שיצא וילך בשדה אלא אפילו ירד מן העליה לילך לאותו מקום וקודם שיצא מפתח החצר החזירו חבירו הרי זה החזיק וקנה שביתה. וכל הקונה שביתה ברחוק מקום אינו צריך לומר שביתתי במקום פלוני אלא כיון שגמר בלבו והחזיק בדרך כל שהוא קנה שם שביתה. ואין צריך לומר מי שיצא ברגליו ועמד במקום שקונה בו שביתה שאינו צריך לומר כלום אלא כיון שגמר בלבו קנה:
10
When students who sleep in the house of study, but go and eat their Sabbath meals [in the homes of] people who live in the fields and the vineyards who show hospitality to wayfarers passing through, [the house of study is considered their "Sabbath place"] and not the place where they eat.18
They may walk two thousand cubits from the house of study in all directions. [The rationale is] that were it possible for them to eat in the house of study, they would not go to the fields at all. They consider the house of study alone as their dwelling.
י
התלמידים שהולכין ואוכלין בלילי שבת בשדות וכרמים אצל בעלי הבתים שפתן מצויה לעוברי דרכים הבאים שם ובאים ולנים בבית המדרש. מהלכין אלפים אמה לכל רוח מבית המדרש לא ממקום האכילה. שאילו מצאו סעודתן בבית המדרש לא היו יוצאין לשדה ואין דעתן סומכת לדירה אלא על בית מדרשם
FOOTNOTES
1.
As mentioned in Halachah 9, there is no need to make an explicit statement. It is sufficient to make a mental resolve.
2.
This point is the subject of a difference of opinion among our Sages (Eruvin 4:9). Rabbi Meir maintains that the fundamental provision for establishing an eruv t'chumininvolves depositing food. An allowance was made, however, for a poor person who could not afford to deposit food; he was permitted to establish an eruv by actually going to the desired place.
Rabbi Yehudah differs and states that the fundamental provision involves actually being at the place. Our Sages granted a leniency to a rich man, however, and allowed him to employ an agent to deposit food. As the Rambam states, the halachah follows Rabbi Yehudah.
3.
I.e., the person could not reach the intended place before nightfall if he continued at his present pace, but could reach it if he ran with all his might. We do not require him to make this effort, and allow him to establish the eruv by intent and continue walking at his normal pace (Shulchan Aruch, Orach Chayim 409:11).
4.
I.e., if at the outset he was at home, but was simply too lax about establishing an eruv. (See Shulchan Aruch, loc. cit.:13.)
5.
See Halachot 5-7.
6.
The Rambam's ruling implies that the person's intent is of no consequence whatsoever, and his "place" for the Sabbath is the place where he is standing at nightfall.
The Ra'avad differs regarding the instance when there are more than two thousand cubits between the person and the location he intended to be his "Sabbath place." The person's intent establishes that location as his "Sabbath place." Since there are more than two thousand cubits between the person and his "place," he is compared to one who has gone beyond his Sabbath limits and is entitled to walk only within a square of four cubits. (See Hilchot Shabbat27:11.)
Although the Shulchan Aruch (loc. cit.:11) mentions both views, it appears to favor that of the Ra'avad. The Be'ur Halachahnotes that the Ra'avad's views are shared by the Rashba, Rabbenu Asher, and many others. Hence, he suggests that it be followed.
7.
I.e., 5000 square cubits.
8.
I.e., there is no difference between it and an ordinary private domain.
9.
Because of its size, and the fact that it was not enclosed for the purpose of habitation, our Sages feared that it might become confused with a private domain. Hence, they applied more stringent rules. (See Hilchot Shabbat, Chapter 16.)
10.
From the Rambam's wording in Hilchot Shabbat 27:4, the Maggid Mishneh infers that if the person stands within a large private domain that was not enclosed for the purpose of habitation on Friday and establishes it as his "Sabbath place," he may walk throughout its entire area and two thousand cubits in all directions. This opinion is not accepted by the Rashba and other authorities, and it is their view that is cited by the Shulchan Aruch 396:2.
11.
Based on their interpretation of Eruvin 49b, the Ra'avad, the Rashba, Rabbenu Asher, and others differ with the Rambam's ruling in this instance. Rather than totally ignore the person's intent, these authorities maintain that he is allowed to consider the distant location as his "Sabbath place." There is, however, a restriction. Since he did not specify his place, he is penalized according to the size of the location.
To cite the example mentioned in the following halachah: a person desires to establish a tree as his "Sabbath place." He does not specify his place and there are 20 cubits under the tree. According to the Rambam, his intent is ignored entirely, and his Sabbath limits are measured from the place where he is standing at nightfall. According to the other authorities, his "Sabbath place" is considered to be the tree, and it is from there that his Sabbath limits are measured. Nevertheless, because he did not specify his desired location, instead of being granted two thousand cubits in all directions, he is granted only 1980 cubits [i.e., 2000 minus 20 (the size of the area under the tree)].
The Shulchan Aruch (Orach Chayim409:11) mentions both views, but appears to favor that of the other authorities. The Eliyahu Rabba states that the view of the other authorities should be followed. The Be'ur Halachah, by contrast, states that consideration should also be given to the Rambam's view.
12.
We are not concerned with which of the eight cubits the person will use while under the tree, for all these eight cubits are within the person's Sabbath limits. The question is which four of these eight cubits will be considered to be one's "Sabbath place" regarding the determination of the Sabbath limits. For this, the precise determination of one's "Sabbath place" is the matter of focus (See the Rambam's Commentary on the Mishnah, Eruvin 4:7.)
13.
I.e., regardless of the side from which one measures the two thousand cubits of the Sabbath limits, a portion of the four cubits that a person is granted will be included in the four cubits from which the Sabbath limits are measured. This must be so, for there are less than eight cubits under the tree (ibid.).
14.
See Halachah 2. However, Rashi (Eruvin52a), Rabbenu Yehonatan, the Rashba and many other authorities maintain that the leniency mentioned in Halachah 2 applies only when a person is on a journey, but not when the entire purpose for his setting out is to deposit an eruv. Their views are cited in the Mishnah Berurah 410:2.
15.
Halachah 2.
16.
Eruvin 52a relates that Rav Yehudah bar Ishtata brought Rav Natan bar Oshaya a basket of fruit for the Sabbath. Although it was late on Friday afternoon, Rav Yehudah turned to leave so that he could establish an eruv t'chumin to enable himself to return home on the following day. Rav Natan let him descend a single step and then told him to stay.
17.
Rashi (Eruvin 52a) and other authorities differ, and state that this leniency applies only when a person has two homes whose Sabbath limits are adjoining. In this instance, it is clear that even though a colleague prevailed upon him to return, his intent was to establish his "Sabbath place" at the desired location so that he could proceed to his other home.
When, however, a person does not own a home in the adjoining area, and a colleague is able to prevail upon him to return, he is not able to establish a "Sabbath place" in a distant location, unless he makes an explicit statement to that effect. The Shulchan Aruch (Orach Chayim 410:2) quotes the Rambam's view, while the Mishnah Berurah410:7 mentions the other opinions.
18.
This applies even if during beyn hash'mashot they are at the homes of their hosts (Mishnah Berurah 409:39).
Eruvin - Chapter Eight
1
One may not deposit two eruvin - one in the west and one in the east - so that one will be able to walk for a portion of the day [in the direction of] one of the eruvin, and to rely on the second eruv for the remainder of the day. [The rationale is that] one may not make two eruvin for a single day.1
If a person erred, and established two eruvin in two different directions, because he thought that this was permitted, or he told two people to establish an eruv for him, and one established an eruv to the north and one established an eruv to the south, he may walk only in the area common to both of them.
א
אין מניחין שני עירובין אחד במזרח ואחד במערב כדי שיהלך במקצת היום על אחד משני העירובין ובשאר היום על העירוב השני. שאין מערבין שני עירובין ליום אחד. טעה ועירב לשתי רוחות כמדומה הוא שמערבין לשתי רוחות. או שאמר לשנים צאו וערבו עלי אחד עירב עליו לצפון ואחד עירב עליו לדרום מהלך כרגלי שניהם:
2
What is meant [by the expression], "he may walk only in the area common to both of them"? That he may walk only in the area that is within [the Sabbath limits] of both of these locations. [For example,] if one [of his agents] deposited an eruv 1000 cubits to the east [of his city's periphery] and the other deposited an eruv500 cubits to the west, the person for whom the eruvin were deposited may walk only 1000 cubits to the west, as would be permitted [the agent] who established the eruv in the east, and 1500 cubits to the east, as would be permitted [the agent] who established the eruv in the west.
Therefore, if one established an eruv 2000 cubits to the east and the other established an eruv 2000 cubits to the west, the person may not move from his place.
ב
כיצד מהלך כרגלי שניהם שאינו יכול להלך אלא במקום שיש לשניהם להלך בו. נתן האחד עירוב ברחוק אלף אמה לרוח מזרח והניח השני מהן עירובו ברחוק חמש מאות אמה לרוח מערב. אין זה שעירבו עליו מהלך במערב אלא אלף אמה כרגלי מי שעירב עליו במזרח. ולא יהלך במזרח אלא אלף וחמש מאות אמה כרגלי מי שעירב עליו במערב. לפיכך אם עירב או עירבו עליו שני עירובין אלו אחד ברחוק אלפים אמה למזרח ואחד ברחוק אלפים אמה למערב הרי זה לא יזוז ממקומו:
3
It is permissible for a person to establish two eruvin in two opposite directions and make the [following] stipulation: "If tomorrow there is a mitzvah or a necessity that arises and requires me to walk in this direction, then it is this eruv that I am relying upon, and the other eruv is of no consequence. If, by contrast, it is necessary that I go to the other direction, the eruv [in that direction] is the one on which I will rely, and the first eruv is of no significance.2
"If I am required to go in both directions, I may rely on whichever of the eruvin I desire, and thus go in whichever direction I desire. If nothing [out of the ordinary] arises, and I am not required to go in either direction, neither of the eruvin is of consequence, nor do I rely on them. Instead, my situation is the same as that of any other inhabitant of my city, and I may proceed two thousand cubits in all directions from the city's wall."
ג
מערב אדם שני עירובין בשתי רוחות ומתנה ואומר אם אירע לי דבר מצוה או נלחצתי למחר ונצרכתי לרוח זו זה העירוב הוא שאני סומך עליו והעירוב שברוח השנית אינו כלום. ואם נצרכתי לרוח זו השני זה העירוב הוא שאני סומך עליו ושברוח הראשונה אינו כלום. ואם נצרכתי לשתי הרוחות יש לי לסמוך על איזה עירוב שארצה ולאיזה שארצה אלך. ואם לא אירע לי דבר ולא נצרכתי לרוח מהן אין שני העירובין האלו עירוב ואיני סומך על אחד מהן אלא הריני כבני עירי שש לו אלפים אמה לכל רוח מחוץ לחומה:
4
Just as it is forbidden to proceed beyond a city's [Sabbath] limits on the Sabbath, so too, it is forbidden to proceed beyond those limits on the holidays and on Yom Kippur.3
Just as a person who transfers an article from one domain to another on the Sabbath is liable, so too, a person who transfers an article from one domain to another on Yom Kippur is liable.4 On the holidays, by contrast, it is permitted to transfer articles from one domain to another.5
Therefore, eruvin should be established in courtyards and shitufimshould be established in lanes for Yom Kippur, as they are established for the Sabbath.6 Similarly, eruvei t'chumin may be established for Yom Kippur and the holidays as they are established for the Sabbath.
ד
כשם שאסור לצאת חוץ לתחום בשבת כך אסור לצאת ביום טוב וביום הכפורים. וכשם שהמוציא מרשות לרשות בשבת חייב כך המוציא מרשות לרשות ביום הכפורים חייב. אבל ביום טוב מותר להוציא מרשות לרשות. לפיכך מערבין עירובי חצירות ומשתתפין במבואות ליום הכפורים כשבת. ומערבין עירובי תחומין ליום הכפורים ולימים טובים כדרך שמערבין לשבת:
5
[The following rules apply to] a holiday that occurs next to the Sabbath - whether before it or after it - or to the two days of a holiday as observed in the diaspora: A person may establish two eruvin in two opposite directions and rely on either for the first day, and the other for the second day.7 Similarly, he may establish a single eruv in one direction and rely on it for one of the two days, and on the other day consider himself like the other inhabitants of the city8 - i.e., it is as if he did not made an eruv, and thus he is entitled to proceed two thousand cubits in all directions [from the city's periphery].
ה
יום טוב שחל להיות סמוך לשבת בין מלפניה בין מלאחריה או שני ימים טובים של גליות יש לו לערב שני עירובין לשתי רוחות וסומך על אי זה מהן שירצה ליום הראשון ועל העירוב שברוח השניה ליום השני. או מערב עירוב אחד לרוח אחת וסומך עליו לאחד משני ימים וביום השני יהיה כבני העיר וכאילו לא עשה עירוב ויש לו אלפים אמה לכל רוח. במה דברים אמורים בשני ימים טובים של גליות אבל בשני ימים טובים של ראש השנה הרי הן כיום אחד ואינו מערב לשני ימים אלא לרוח אחת:
6
Similarly, a person who [deposits] an eruv [t'chumin] may make [any of the following] stipulations: "On this Sabbath, my eruv shall be in effect, but not on another Sabbath," or "On another Sabbath [my eruv shall be in effect],11 but not on this Sabbath."
[Similarly, he may stipulate that the eruv shall be in effect] on the Sabbaths but not on holidays, or on holidays and not on Sabbaths.
ו
וכן מתנה אדם על עירובו ואומר עירובי לשבת זו אבל לא לשבת אחרת. או לשבת אחרת אבל לא לשבת זו. לשבתות ולא לימים טובים לימים טובים ולא לשבתות:
7
When a person tells five others, "I am establishing an eruv on behalf of one of you, whom I will choose [later]. If I choose, that person will be able to go. If I do not choose, he will not be able to go." Even if this person chooses [a companion] after nightfall, he may go. For the principle of b'reirah applies12regarding a matter of Rabbinic law.13
Similarly, a person may establish an eruv for all the Sabbaths of the year and stipulate, "If I desire [to rely on the eruv], I may go, and if I do not desire [to rely on it], I may not go - and I will be [governed by the same rules] as the other inhabitants of my city." He may go on whichever Sabbaths he desires, even if he does not make the decision to go until after nightfall.
ז
אמר לחמשה הריני מערב על איזה מכם שארצה רציתי אלך לא רציתי לא אלך. אע"פ שרצה משחשכה ילך. דבר שהוא מדברי סופרים יש בו ברירה. וכן המערב לשבתות של כל השנה ואמר רציתי אלך לא רציתי לא אלך אלא אהיה כבני עירי כל שבת שירצה ילך אע"פ שרצה משתחשך:
8
[The following rule applies] when a person establishes an eruvfor the two days of a holiday as observed in the diaspora or for a Sabbath and a holiday [that are celebrated consecutively]: Even when the person establishes a single eruv in one direction for both days, the eruv must be accessible14 in its [designated] location on both the first and second nights throughout [the period of] beyn hash'mashot.
What should he do? He should take [the eruv to the desired place] on the eve of the Sabbath or on the eve of the holiday, and wait until nightfall. He may then take it in his hand and carry it away, if it is a holiday.15 On the following day, he should take it16 to the same location,17 deposit it there until nightfall and eat it18 if it is Friday night, or take it with him if it is the night of a holiday.
[This is necessary, for] they are two different expressions of holiness, and are not considered to be a single [extended] day with regard to which it would be possible to say on the first night that one established the eruv for both days.19
ח
המערב לשני ימים טובים של גליות או לשבת ויום טוב אע"פ שהוא עירוב אחד לרוח אחת לשני הימים צריך שיהיה העירוב במקומו מצוי בליל הראשון ובליל שני כל בין השמשות. כיצד הוא עושה מוליכו בערב יום טוב או בערב שבת ומחשיך עליו ונוטלו בידו ובא לו אם היה ליל יום טוב. ולמחר מוליכו לאותו מקום ומניחו שם עד שתחשך ואוכלו אם היה ליל שבת או מביאו אם היה ליל יום טוב. מפני שהן שתי קדושות ואינן כיום אחד כדי שנאמר מליל ראשון קנה העירוב לשני ימים:
9
[In the situation described in the previous halachah,] were the eruv to be eaten on the first day, it is effective for the first day, but the person [may not establish] an eruv [with food] for the second day.
If he established an eruv by walking [to the desired location] on the first day, he may establish an eruv for the second day only by walking to the same location20 and making the resolution21 that he is establishing this as his "place" for the day.
If he established an eruv with bread on the first day [he has two options]: If he desires to establish an eruv by walking [to the desired location] on the second day, the eruv is acceptable. If he desires to establish an eruv by depositing a loaf of bread, [he may,] provided he uses the same loaf of bread that he used the first day.22
ט
נאכל העירוב בראשון קנה העירוב לראשון ואין לו עירוב לשני. עירב ברגליו בראשון צריך לערב ברגליו בשני והוא שילך ויעמוד באותו מקום ויחשוב בלבו שיקנה שם שביתה. עירב בפת בראשון אם רצה לערב ברגליו בשני הרי זה עירוב. ואם רצה לערב בפת צריך לערב באותה הפת עצמה שעירב בה בראשון:
10
י
יום הכפורים שחל להיות ערב שבת או לאחר שבת בזמן שמקדשין על פי הראיה יראה לי שהן כיום אחד וקדושה אחת הם:
11
The statement made previously27 that a person may establish two different eruvin in two directions for two days applies only when it is possible for the person to reach both of the eruvin on the first day [without departing from his Sabbath limits]. If, however, it is impossible on the first day for him to reach the eruvfor the second day, the eruv for the second day is invalid.28
[The rationale is that] the mitzvah of eruv [can be fulfilled only] with a meal that is fit to be eaten while it is still day. Since the person may not reach the eruv [intended for the second day] on the first day [because it is beyond his Sabbath limits], it is not considered to be a meal that is fit to be eaten while it is still day.
יא
זה שאמרנו שיש לו לערב שני עירובין בשתי רוחות לשני הימים והוא שיהיה אפשר לו להגיע לכל אחד משני העירובין ביום הראשון. אבל אם אי אפשר לו להגיע לעירוב של יום השני ביום הראשון אין עירוב השני עירוב. שהעירוב מצותו שיהיה בסעודה הראויה מבעוד יום וזה הואיל ואינו יכול להגיע לזה העירוב ביום הראשון הרי זו אינה ראויה מבעוד יום:
12
What is implied? If a person deposited an eruv two thousand cubits eastward of his home and relied on it for the first day [he is forbidden to walk westward at all].29 [Therefore,] if he deposited an eruv one cubit, one hundred cubits, or one thousand cubits to the west and relied on it for the second day, the second eruv is invalid.
[The rationale is that] the second eruv is not fit for him on the first day, for he may not reach it, since he is not able to proceed toward the west at all.
יב
כיצד הרי שהניח עירובו ברחוק אלפים אמה מביתו לרוח מזרח וסמך עליו ליום ראשון והניח עירוב שני ברחוק אמה אחת או מאה או אלף ברוח מערב וסמך עליו ליום שני אין זה השני עירוב. שהרי ביום הראשון אין זה העירוב השני ראוי לו מבעוד יום לפי שאינו יכול להגיע אליו שהרי לא נשאר לו ברוח מערב כלום:
13
If, however, he deposited his eruv one thousand five hundred cubits eastward of his home and relied on it for the first day, and deposited a second eruv within five hundred cubits to the west of his house and relied upon it for the second day, the eruv is valid. For it is possible for him to reach it on the first day.
יג
אבל אם הניח עירובו ברחוק אלף וחמש מאות אמה מביתו ברוח מזרח וסמך עליו ליום ראשון והניח עירוב שני רחוק מביתו לרוח מערב בתוך חמש מאות אמה וסמך עליו ליום שני הרי זה עירוב. שהרי אפשר לו שיגיע לו ביום הראשון:
14
When a holiday falls on a Friday, it is forbidden to establish an eruv [for the Sabbath] on the holiday: neither an eruv chatzerot nor an eruv t'chumin.30 Instead, one should establish the eruv on Thursday, the day prior to the holiday.
If the two days celebrated as a holiday in the diaspora fall on a Thursday and a Friday, one should establish both an eruv chatzerotand an eruv t'chumin on Wednesday. If a person forgot, and did not establish an eruv beforehand, he may establish an eruv chatzerotin a conditional manner on Thursday and Friday.31 He may not, however, do this with regard to an eruv t'chumin.32
יד
יום טוב שחל להיות בערב שבת אינו עושה עירוב ביום טוב לא עירובי חצירות ולא עירובי תחומין אלא מערב הוא ביום חמישי שהוא ערב יום טוב. ואם חלו שני ימים טובים של גליות בחמישי וערב שבת מערב מיום רביעי עירובי תחומין ועירובי חצירות. ואם שכח ולא עירב הרי זה מערב עירובי חצירות בחמישי ובערב שבת ומתנה אבל לא עירובי תחומין:
15
What is implied? On Thursday, the person should make the following stipulation:33 "If today is a holiday, my statements are of no consequence. But if not, this should be [accepted as] an eruv."
On the following day, he should again establish the eruv34and say, "If today is a holiday, I have established my eruv yesterday, and my statements today are of no consequence. If, however, yesterday was the holiday, this should be [accepted as] an eruv."
When does the above apply? To the two days observed as holidays in the diaspora. The two days of Rosh HaShanah, by contrast, are considered to be one [extended] day. Therefore, with regard to them, it is possible to establish an eruv only on the day prior to the holiday.
(Blessed be God who grants assistance.)
טו
כיצד מתנה אומר בחמישי אם היום יום טוב אין בדברי כלום ואם לאו הרי זה עירוב. ולמחר חוזר ומערב ואומר אם היום יום טוב כבר עירבתי מאמש ואין בדברי היום כלום ואם אמש היה יום טוב הרי זה עירוב. במה דברים אמורים בשני ימים טובים של גליות אבל בשני ימים טובים של ראש השנה הרי הן כיום אחד ואינו מערב להן אלא מערב יום טוב
FOOTNOTES
1.
This principle is based on the following concept: Since an eruv t'chumin establishes a particular location as a person's place for the Sabbath, only one such place can be established, and not two.
2.
As the Maggid Mishneh mentions, this halachah is dependent on the concept that in cases of Rabbinic law, the principle of b'reirah applies. Thus, retroactively it is considered that at the commencement of the Sabbath, the person had the intent of establishing an eruv in the direction that he was eventually required to proceed.
3.
See Tzafenat Paneach (in his gloss on Hilchot Shabbat 27:1), who states that the Rambam considers the limits on travel on the holidays and on Yom Kippur as Rabbinic in origin. In support, he cites the Rambam's statements in Hilchot Sanhedrin, Chapter 19, regarding the negative commandments punishable by lashing: "A person who goes beyond the [Sabbath] limits on the Sabbath, a person who performs a forbidden labor on a holiday."
4.
The liability incurred by the violator is somewhat different. A person who willfully performs any of the Sabbath labors is liable for execution, while one who violates a forbidden labor on Yom Kippur is liable only for karet. (See Hilchot Sh'vitat Asor 1:2.)
5.
See Hilchot Sh'vitat Yom Tov 1:4, which states that since the prohibition against the forbidden labor of transferring articles was lifted on the holidays regarding the preparation of food, it was lifted entirely.
6.
See Maggid Mishneh and the Mishnah Berurah 416:31, which mention opinions that see a benefit in the establishment of eruvin in courtyards on the holidays as well.
7.
Although for a single Sabbath one may not establish eruvin in two opposite directions, this rule does not apply when the Sabbath and a holiday follow one another. The Sabbath and the holidays represent two different expressions of holiness (Eruvin38b). Therefore, the location defined as one's "place" - and thus an eruv established - for one does not necessarily apply regarding the other.
Similarly, regarding the two days of the holidays observed in the diaspora: in essence, the holidays were to be observed for only one day. The observance of a second day was instituted only because of uncertainty regarding the calendar. (See Hilchot Kiddush HaChodesh 5:4-5.) Therefore, the two days are also considered to be separate entities.
The Ra'avad suggests qualifying the Rambam's statements. The Rambam, however, appreciated the problem that he raised and clarified the issue in Halachah 12.
8.
This also involves a redefinition of one's place. Instead of its being considered to be the location of the eruv, it is considered to be one's home.
9.
Since these two days were observed as a holiday even in Eretz Yisrael when the moon was sanctified on the basis of the testimony of witnesses (Hilchot Kiddush HaChodesh 5:7), they are considered to be a single expression of holiness. Eruvin 39b refers to them as "one long day," and the halachic requirements that apply to one day apply also to the other.
10.
See the notes on Halachah 8 with regard to whether or not it is necessary for the eruv to remain in its place for both nights of the holiday.
11.
The food deposited for the eruv must exist at beyn hash'mashot and be fit to eat. This is particularly important in the summer months, when it is possible that the eruvhas become stale or has been eaten by vermin (Mishnah Berurah 416:9).
12.
Ordinarily, a person must establish his eruvbefore nightfall. Nevertheless, since he made a stipulation beforehand, we rely on the principle of b'reirah, and we say that retroactively it is considered to be as if he decided to rely on the eruv before nightfall (Maggid Mishneh).
13.
For other examples of the Rambam's rulings concerning this matter, see Hilchot Sh'vitat Yom Tov 5:20, Hilchot Terumah1:21, Hilchot Ma'aser 7:1, and Hilchot Ma'aser Sheni 4:15.
14.
If the eruv is not accessible - even if it is present in its designated location - it is not acceptable, as stated in Chapter 6, Halachot 8 and 12.
15.
The Maggid Mishneh explains that the removal of the eruv is merely a suggestion offered, lest a person leave the eruv in its place, and it be destroyed by vermin or the like. In a place where the eruv will surely be preserved, there is no point in removing it. Needless to say, on the Sabbath, when it is forbidden to carry, and it is forbidden to remove the eruv, this suggestion does not apply.
If one leaves the eruv in the designated place and there is a possibility that it will be destroyed, one is required to go to that place on the following day to check that it still exists (Mishnah Berurah 416:14).
16.
The Be'ur Halachah 416 asks: Since it is possible to establish the eruv by walking to the designated location (as stated in the following halachah), of what value is it that the person carried the food with him? The Be'ur Halachah explains that in this instance, we are speaking about a person who has an agent establish the eruv for him. Therefore, it is necessary for him to use food.
17.
The eruv must be deposited in the same location; otherwise, this is forbidden. Were one to change either the location (or the food used for the eruv), one would have been considered as either preparing on the Sabbath for a holiday, or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim 416:2).
18.
There is no obligation to eat it. The Rambam's intent is merely that from this time onward, there is no obligation that the eruv remain intact (Mishneh Berurah416:15).
19.
The Rambam's statement implies that on Rosh HaShanah, it is necessary to establish an eruv only on the first night of the holiday. Even if the eruv is consumed before the beginning of the second day, it is acceptable, just as it would be acceptable for the entire Sabbath, even if it had been consumed after beyn hash'mashot.
The Ra'avad objects to this ruling. He maintains that the distinction of the two days of Rosh HaShanah as a single "extended" day applies only as a stringency, but not as a leniency. Therefore, the eruv established before the first night must remain in its place on the second night as well.
The Maggid Mishneh justifies the Rambam's view, bringing supports that indicate that our Sages' definition of these two days as "one long day" brings about a leniency as well as a stringency. The Mishnah Berurah 416:11 follows the Rambam's ruling.
20.
He may not establish the eruv by depositing food, for this would involve the performance of an activity on either the Sabbath or the holiday for the benefit of the other. As mentioned, it is forbidden to prepare on the Sabbath for a holiday or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim416:2).
21.
He may not make a verbal statement, for this would be considered to be preparation for the coming day (ibid.).
22.
Since he uses the same loaf, he is not considered to be performing a new activity; this location had already been established as his "place," and he is merely perpetuating the existing situation. If he brought a different loaf, it would be considered to be preparing for the coming day (ibid.).
23.
According to the fixed calendar we follow at present, it is impossible for Yom Kippur to fall on either Sunday or Friday. (See Rosh HaShanah 20a.)
24.
This expression implies a ruling for which the Rambam has no explicit source in the Talmud, but which he arrived at through a process of deduction.
25.
Rabbi Akiva Eiger explains that this also implies a leniency. As indicated by the conclusion of Halachah 8, there is no need to establish an eruv on the second day.
26.
The rationale is that all the prohibitions that apply on the Sabbath also apply on Yom Kippur (Maggid Mishneh).
27.
In Halachah 5.
28.
Note the gloss of the Sefer HaKovetz on Halachah 5, which discusses whether the law in this halachah applies only with regard to a holiday and a Sabbath that follow consecutively, or also with regard to the two days of a holiday that are observed in the diaspora. The Magen Avraham 416:3 rules that the restrictions apply with regard to the two days observed in the diaspora as well.
29.
See Chapter 6, Halachah 4.
30.
For it is forbidden to prepare for the Sabbath on a holiday. (See the Mishnah Berurah 393:1, which questions whether or not an eruv established on a holiday in error is acceptable.)
Note also the Or Sameach, which explains that, according to the Rambam, it is forbidden to establish an eruv t'chumin on the first day of a holiday for the second day. (This ruling runs contrary to a decision of the Noda BiY'hudah (Vol. II, Responsum 48).
31.
In Hilchot Sh'vitat Yom Tov 6:14-15, when discussing the establishment of an eruv tavshilin and other similar matters, the Rambam states that in the present era, we may not make such a conditional arrangement. This leniency was granted only in the era when the establishment of the calendar was dependent on the testimony of witnesses, and the second day of a holiday was observed because of a doubt concerning the day on which the holiday should be celebrated. At present, there is no such doubt, and the second day is celebrated because of a Rabbinic decree requiring us to preserve the previous custom. (See Hilchot Kiddush HaChodesh5:5.)
Other authorities (see the gloss of the Ra'avad on Hilchot Sh'vitat Yom Tov) take issue with the Rambam on this point; it is their view that is accepted as halachah in the Shulchan Aruch (Orach Chayim 393:1).
32.
Beitzah 17a explains why a distinction is made between these two types of eruvin. By establishing an eruv t'chumin, a person designates a place as his home for the Sabbath, and our Sages would not permit this to be done on a holiday. In contrast, the establishment of an eruv chatzerot negates one's ownership. Therefore, greater leniency is shown.
33.
Note the Birkei Yosef (Orach Chayim 528), which states that a blessing should not be recited.
34.
The Mishnah Berurah 393:6 suggests using the same loaf of bread. Otherwise, it would be necessary to keep both loaves until the Sabbath.
• Shabbat, 10 Kislev, 5777 · 10 December 2016
• "Today's Day"
• Tuesday, Kislev 10, 5704
Torah lessons: Chumash: Vayishlach, Shlishi with Rashi.
Tehillim: 55-59.
Tanya: This is not so (p. 613)...which is G-dliness. (p. 615).
On this day in 5587 (1826) the Mitteler Rebbe was released from his imprisonment in the city of Vitebsk. During the preceding Chol Hamo'ed Sukot it became known that the Mitteler Rebbe had been slandered. On Sunday of parshat Noach, 28 Tishrei, he left Lubavitch accompanied by officers. At noon he arrived in Dobromisl, where he said the maamar Mayim rabim etc. On Monday he left there, and travelled to Lyozna, where he said the maamar Reshafeha rishpei etc. On Tuesday he left there for Vitebsk where he remained imprisoned until the Sunday of Vayishlach, 10 Kislev.
• Daily Thought:
Light's Advantage
There was darkness and there was light. And He chose light.
He didn’t have to choose light. He could have chosen an eternal wrestling match of light and dark. What greater pleasure can there be than the aroma of darkness struck down and transformed to a throne for light?
Nevertheless, he chose light. He chose to set a time for the obliteration of darkness, a time of pure and perfect light. And what does He have from that?
He needs nothing from that. That is the plan He so desired.[Bati L’gani 5731.]
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