Torah Reading
Va'eira: Exodus 6:2 God spoke to Moshe; he said to him, “I am Adonai. 3 I appeared to Avraham, Yitz’chak and Ya‘akov as El Shaddai, although I did not make myself known to them by my name, Yud-Heh-Vav-Heh [Adonai]. 4 Also with them I established my covenant to give them the land of Kena‘an, the land where they wandered about and lived as foreigners. 5 Moreover, I have heard the groaning of the people of Isra’el, whom the Egyptians are keeping in slavery; and I have remembered my covenant.
6 “Therefore, say to the people of Isra’el: ‘I am Adonai. I will free you from the forced labor of the Egyptians, rescue you from their oppression, and redeem you with an outstretched arm and with great judgments. 7 I will take you as my people, and I will be your God. Then you will know that I am Adonai your God, who freed you from the forced labor of the Egyptians. 8 I will bring you into the land which I swore to give to Avraham, Yitz’chak and Ya‘akov — I will give it to you as your inheritance. I am Adonai.’”
9 Moshe said this to the people of Isra’el. But they wouldn’t listen to him, because they were so discouraged, and their slavery was so cruel.
10 Adonai said to Moshe, 11 “Go in; and tell Pharaoh, king of Egypt, to let the people of Isra’el leave his land.” 12 Moshe said to Adonai, “Look, the people of Isra’el haven’t listened to me; so how will Pharaoh listen to me, poor speaker that I am?” 13 But Adonai spoke to Moshe and Aharon and gave them orders concerning both the people of Isra’el and Pharaoh, king of Egypt, to bring the people of Isra’el out of the land of Egypt.
(ii) 14 These were the heads of their families: the sons of Re’uven the firstborn of Isra’el were Hanokh, Pallu, Hetzron and Karmi. These were the families of Re’uven.
15 The sons of Shim‘on were Y’mu’el, Yamin, Ohad, Yakhin, Tzochar and Sha’ul the son of a Kena‘ani woman. These were the families of Shim‘on.
16 These are the names of the sons of Levi with their descendants: Gershon, K’hat and M’rari. Levi lived to be 137 years old. 17 The sons of Gershon were Livni and Shim‘i, with their families. 18 The sons of K’hat were ‘Amram, Yitz’har, Hevron and ‘Uzi’el. K’hat lived to be 133 years old. 19 The sons of M’rari were Machli and Mushi. These were the families of Levi with their descendants.
20 ‘Amram married Yokheved his father’s sister, and she bore him Aharon and Moshe. ‘Amram lived to be 137 years old. 21 The sons of Yitz’har were Korach, Nefeg and Zikhri. 22 The sons of ‘Uzi’el were Misha’el, Eltzafan and Sitri. 23 Aharon married Elisheva daughter of ‘Amminadav and sister of Nachshon, and she bore him Nadav, Avihu, El‘azar and Itamar. 24 The sons of Korach were Asir, Elkanah and Avi’asaf. These were the Korchi families. 25 El‘azar the son of Aharon married one of the daughters of Puti’el, and she bore him Pinchas. These were the heads of the families of Levi, family by family.
26 These are the Aharon and Moshe to whom Adonai said, “Bring the people of Isra’el out of the land of Egypt, division by division,” 27 and who told Pharaoh king of Egypt, to let the people of Isra’el leave Egypt. These are the same Moshe and Aharon.
28 On the day when Adonai spoke to Moshe in the land of Egypt, (iii) 29 he said, “I am Adonai. Tell Pharaoh, king of Egypt, everything I say to you.”
30 Moshe answered Adonai, “Look, I’m such a poor speaker that Pharaoh won’t listen to me.”
7:1 But Adonai said to Moshe, “I have put you in the place of God to Pharaoh, and Aharon your brother will be your prophet. 2 You are to say everything I order you, and Aharon your brother is to speak to Pharaoh and tell him to let the people of Isra’el leave his land. 3 But I will make him hardhearted. Even though I will increase my signs and wonders in the land of Egypt, 4 Pharaoh will not listen to you. Then I will lay my hand on Egypt and bring my armies, my people the sons of Isra’el, out of the land of Egypt with great acts of judgment. 5 Then, when I stretch out my hand over Egypt and bring the people of Isra’el out from among them, the Egyptians will know that I am Adonai.”
6 Moshe and Aharon did exactly what Adonai ordered them to do. 7 Moshe was eighty years old and Aharon eighty-three when they spoke to Pharaoh.
(iv) 8 Adonai said to Moshe and Aharon, 9 “When Pharaoh says to you, ‘Perform a miracle,’ tell Aharon to take his staff and throw it down in front of Pharaoh, so that it can become a snake.” 10 Moshe and Aharon went in to Pharaoh and did this, as Adonai had ordered — Aharon threw down his staff in front of Pharaoh and his servants, and it turned into a snake. 11 But Pharaoh in turn called for the sages and sorcerers; and they too, the magicians of Egypt, did the same thing, making use of their secret arts. 12 Each one threw his staff down, and they turned into snakes. But Aharon’s staff swallowed up theirs. 13 Nevertheless, Pharaoh was made hardhearted; and he didn’t listen to them, as Adonai had said would happen.
14 Adonai said to Moshe, “Pharaoh is stubborn. He refuses to let the people go. 15 Go to Pharaoh in the morning when he goes out to the water. Stand on the riverbank to confront him, take in your hand the staff which was turned into a snake, 16 and say to him, ‘Adonai, the God of the Hebrews, sent me to you to say: “Let my people go, so that they can worship me in the desert.” But until now you haven’t listened; 17 so Adonai says, “This will let you know that I am Adonai”: I will take the staff in my hand and strike the water in the river, and it will be turned into blood. 18 The fish in the river will die, the river will stink and the Egyptians won’t want to drink water from the river.’”
19 Adonai said to Moshe, “Say to Aharon, ‘Take your staff, reach out your hand over the waters of Egypt, over their rivers, canals, ponds and all their reservoirs, so that they can turn into blood. There will be blood throughout the whole land of Egypt, even in the wooden buckets and stone jars.’” 20 Moshe and Aharon did exactly what Adonai had ordered. He raised the staff and, in the sight of Pharaoh and his servants, struck the water in the river; and all the water in the river was turned into blood. 21 The fish in the river died, and the river stank so badly that the Egyptians couldn’t drink its water. There was blood throughout all the land of Egypt.
22 But the magicians of Egypt did the same with their secret arts, so that Pharaoh was made hardhearted and didn’t listen to them, as Adonai had said would happen. 23 Pharaoh just turned and went back to his palace, without taking any of this to heart. 24 All the Egyptians dug around the river for water to drink, because they couldn’t drink the river water.
25 Seven days after Adonai had struck the river, 26 (8:1) Adonai said to Moshe, “Go in to Pharaoh and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 27 (8:2) If you refuse to let them go, I will strike all your territory with frogs. 28 (8:3) The river will swarm with frogs. They will go up, enter your palace and go into your bedroom, onto your bed. They will enter the houses of your servants and your people and go into your ovens and kneading bowls. 29 (8:4) The frogs will climb all over you, your people and your servants.”’”
8:1 (5) Adonai said to Moshe, “Say to Aharon, ‘Reach out your hand with your staff over the rivers, canals and ponds; and cause frogs to come up onto the land of Egypt.’” 2 (6) Aharon put out his hand over the waters of Egypt, and the frogs came up and covered the land of Egypt. 3 (7) But the magicians did the same with their secret arts and brought up frogs onto the land of Egypt.
4 (8) Then Pharaoh summoned Moshe and Aharon and said, “Intercede with Adonai to take the frogs away from me and my people, and I will let the people go and sacrifice to Adonai.” 5 (9) Moshe said to Pharaoh, “Not only that, but you can have the honor of naming the time when I will pray for you, your servants and your people to be rid of the frogs, both yourselves and your homes, and that they stay only in the river.” 6 (10) He answered, “Tomorrow.” Moshe said, “It will be as you have said, and from this you will learn that Adonai our God has no equal. (v) 7 (11) The frogs will leave you and your homes, also your servants and your people; they will stay in the river only.” 8 (12) Moshe and Aharon left Pharaoh’s presence, and Moshe cried to Adonai about the frogs he had brought on Pharaoh. 9 (13) Adonai did as Moshe had asked — the frogs died in the houses, courtyards and fields; 10 (14) they gathered them in heaps till the land stank. 11 (15) But when Pharaoh saw that he had been given some relief, he made himself hardhearted and would not listen to them, just as Adonai had said would happen.
12 (16) Adonai said to Moshe, “Say to Aharon: ‘Reach out with your staff and strike the dust on the ground; it will become lice throughout all the land of Egypt.’” 13 (17) They did it — Aharon reached out his hand with his staff and struck the dust on the ground, and there were lice on people and animals; all the dust on the ground became lice throughout the whole land of Egypt. 14 (18) The magicians tried with their secret arts to produce lice, but they couldn’t. There were lice on people and animals. 15 (19) Then the magicians said to Pharaoh, “This is the finger of God.” But Pharaoh was made hardhearted, so that he didn’t listen to them, just as Adonai had said would happen.
16 (20) Adonai said to Moshe, “Get up early in the morning, stand before Pharaoh when he goes out to the water and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 17 (21) Otherwise, if you won’t let my people go, I will send swarms of insects on you, your servants and your people, and into your houses. The houses of the Egyptians will be full of swarms of insects, and likewise the ground they stand on. 18 (22) But I will set apart the land of Goshen, where my people live — no swarms of insects will be there — so that you can realize that I am Adonai, right here in the land. (vi) 19 (23) Yes, I will distinguish between my people and your people, and this sign will happen by tomorrow.”’” 20 (24) Adonai did it: terrible swarms of insects went into Pharaoh’s palace and into all his servants’ houses — the insects ruined the entire land of Egypt.
21 (25) Pharaoh summoned Moshe and Aharon and said, “Go, and sacrifice to your God here in the land.” 22 (26) But Moshe replied, “It would be inappropriate for us to do that, because the animal we sacrifice to Adonai our God is an abomination to the Egyptians. Won’t the Egyptians stone us to death if before their very eyes we sacrifice what they consider an abomination? 23 (27) No, we will go three days’ journey into the desert and sacrifice to Adonai our God, as he has ordered us to do.” 24 (28) Pharaoh said, “I will let you go, so that you can sacrifice to Adonai your God in the desert. Only you are not to go very far away. Intercede on my behalf.” 25 (29) Moshe said, “All right, I am going away from you, and I will intercede with Adonai; so that tomorrow, the swarms of insects will leave Pharaoh, his servants and his people. Just make sure that Pharaoh stops playing games with the people by preventing them from going and sacrificing to Adonai.”
26 (30) Moshe left Pharaoh and interceded with Adonai, 27 (31) and Adonai did what Moshe had asked: he removed the swarms of insects from Pharaoh, his servants and his people — not one remained. 28 (32) But this time, too, Pharaoh made himself stubborn and didn’t let the people go.
9:1 Then Adonai said to Moshe, “Go to Pharaoh, and tell him, ‘Here is what Adonai, the God of the Hebrews, says: “Let my people go, so that they can worship me. 2 If you refuse to let them go and persist in holding on to them, 3 the hand of Adonai is on your livestock in the field — on the horses, donkeys, camels, cattle and flocks — and will make them suffer a devastating illness. 4 But Adonai will distinguish between Egypt’s and Isra’el’s livestock — nothing belonging to the people of Isra’el will die.”’” 5 Adonai determined the exact time by saying, “Tomorrow Adonai will do this in the land.” 6 The following day, Adonai did it — all the livestock of Egypt died; but not one of the animals belonging to the people of Isra’el died. 7 Pharaoh investigated and found that not even one of the animals of the people of Isra’el had died. Nevertheless, Pharaoh’s heart remained stubborn, and he didn’t let the people go.
8 Adonai said to Moshe and Aharon, “Take handfuls of ashes from a kiln, and let Moshe throw them in the air before Pharaoh’s eyes. 9 They will turn into fine dust over all the land of Egypt and become infected sores on men and animals throughout Egypt.” 10 So they took ashes from a kiln, stood in front of Pharaoh and threw them in the air; and they became infected sores on men and animals. 11 The magicians couldn’t even stand in Moshe’s presence because of the sores, which were on them as well as on the other Egyptians. 12 But Adonai made Pharaoh hardhearted, so that he didn’t listen to them — just as Adonai had said to Moshe.
13 Adonai said to Moshe, “Get up early in the morning, stand before Pharaoh, and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 14 For this time, I will inflict my plagues on you, yourself, and on your officials and your people; so that you will realize that I am without equal in all the earth. 15 By now I could have stretched out my hand and struck you and your people with such severe plagues that you would have been wiped off the earth. 16 But it is for this very reason that I have kept you alive — to show you my power, and so that my name may resound throughout the whole earth. (vii) 17 Since you are still setting yourself up against my people and not letting them go, 18 tomorrow, about this time, I will cause a hailstorm so heavy that Egypt has had nothing like it from the day it was founded until now. 19 Therefore, send and hurry to bring indoors all your livestock and everything else you have in the field. For hail will fall on every human being and animal left in the field that hasn’t been brought home, and they will die.”’”
20 Whoever among Pharaoh’s servants feared what Adonai had said had his slaves and livestock escape into the houses; 21 but those who had no regard for what Adonai had said left their slaves and livestock in the field.
22 Adonai said to Moshe, “Reach out your hand toward the sky, so that there will be hail in all the land of Egypt, falling on people, animals and everything growing in the field, throughout the land of Egypt.” 23 Moshe reached out with his staff toward the sky, and Adonai sent thunder and hail, and fire ran down to the earth. Adonai caused it to hail on the land of Egypt — 24 it hailed, and fire flashed up with the hail; it was terrible, worse than any hailstorm in all of Egypt since it became a nation. 25 Throughout all the land of Egypt, the hail struck everything in the field, people and animals; and the hail struck every plant growing in the field and broke every tree there. 26 But in the land of Goshen, where the people of Isra’el were, there was no hail.
27 Pharaoh summoned Moshe and Aharon and said to them, “This time I have sinned: Adonai is in the right; I and my people are in the wrong. 28 Intercede with Adonai — we can’t take any more of this terrible thunder and hail; and I will let you go, you will stay no longer.” 29 Moshe said to him, “As soon as I have gone out of the city, I will spread out my hands to Adonai; the thunder will end, and there won’t be any more hail — so that you can know that the earth belongs to Adonai. 30 But you and your servants, I know you still won’t fear Adonai, God.” 31 The flax and barley were ruined, because the barley was ripe and the flax in bud. 32 But the wheat and buckwheat were not ruined, because they come up later. (Maftir) 33 Moshe went out of the city, away from Pharaoh, and spread out his hands to Adonai. The thunder and hail ended, and the rain stopped pouring down on the earth. 34 When Pharaoh saw that the rain, hail and thunder had ended, he sinned still more by making himself hardhearted, he and his servants. 35 Pharaoh was made hardhearted, and he didn’t let the people of Isra’el go, just as Adonai had said through Moshe.
Shabbat Rosh Chodesh: Numbers 28:9 “‘On Shabbat offer two male lambs in their first year and without defect, with one gallon of fine flour as a grain offering, mixed with olive oil, and its drink offering. 10 This is the burnt offering for every Shabbat, in addition to the regular burnt offering and its drink offering.
11 “‘At each Rosh-Hodesh of yours, you are to present a burnt offering to Adonai consisting of two young bulls, one ram and seven male lambs in their first year and without defect; 12 with six quarts of fine flour mixed with olive oil as a grain offering for the one ram; 13 and two quarts of fine flour mixed with olive oil as a grain offering for each lamb. This will be the burnt offering giving a fragrant aroma, an offering made by fire for Adonai. 14 Their drink offerings will be two quarts of wine for a bull, one-and-one-third quarts for the ram, and one quart for each lamb. This is the burnt offering for every Rosh-Hodesh throughout the months of the year. 15 Also a male goat is to be offered as a sin offering to Adonai, in addition to the regular burnt offering and its drink offering.
Shabbat Rosh Chodesh: Isaiah 66:1 “Heaven is my throne,” says Adonai,
“and the earth is my footstool.
What kind of house could you build for me?
What sort of place could you devise for my rest?
2 Didn’t I myself make all these things?
This is how they all came to be,”
says Adonai.
“The kind of person on whom I look with favor
is one with a poor and humble spirit,
who trembles at my word.
3 Those others might as well kill a person as an ox,
as well break a dog’s neck as sacrifice a lamb,
as well offer pig’s blood as offer a grain offering,
as well bless an idol as burn incense.
Just as these have chosen their ways
and enjoy their disgusting practices,
4 so I will enjoy making fools of them,
and bring on them the very things they fear.
For when I called, no one answered;
when I spoke, they did not hear.
Instead they did what was evil in my sight
and chose what did not please me.”
5 Hear the word of Adonai,
you who tremble at his word:
“Your brothers, who hate you and reject you
because of my name, have said:
‘Let Adonai be glorified,
so we can see your joy.’
But they will be put to shame.”
6 That uproar in the city,
that sound from the temple,
is the sound of Adonai repaying
his foes what they deserve.
7 Before going into labor, she gave birth;
before her pains came, she delivered a male child.
8 Who ever heard of such a thing?
Who has ever seen such things?
Is a country born in one day?
Is a nation brought forth all at once?
For as soon as Tziyon went into labor,
she brought forth her children.
9 “Would I let the baby break through
and not be born?” asks Adonai.
“Would I, who cause the birth,
shut the womb?” asks your God.
10 Rejoice with Yerushalayim!
Be glad with her, all you who love her!
Rejoice, rejoice with her,
all of you who mourned for her;
11 so that you nurse and are satisfied
by her comforting breast,
drinking deeply and delighting
in the overflow of her glory.
12 For Adonai says, “I will spread shalom
over her like a river,
and the wealth of nations
like a flooding stream;
you will nurse and be carried in her arm
and cuddled in her lap.
13 Like someone comforted by his mother,
I will comfort you;
in Yerushalayim
you will be comforted.”
14 Your heart will rejoice at the sight,
your bodies will flourish like newly sprouted grass.
It will be known that the hand of Adonai
is with his servants; but with his enemies, his fury.
15 For — look! — Adonai will come in fire,
and his chariots will be like the whirlwind,
to render his anger furiously,
his rebuke with blazing fire.
16 For Adonai will judge all humanity
with fire and with the sword,
and those slain by Adonai will be many.
17 “Those who consecrate and purify themselves
in order to enter the gardens,
then follow the one who was already there,
eating pig meat, reptiles and mice,
will all be destroyed together,” says Adonai.
18 “For I [know] their deeds and their thoughts.
“[The time] is coming when I will gather together all nations and languages. They will come and see my glory, 19 and I will give them a sign. I will send some of their survivors to the nations of Tarshish, Pul, Lud (these are archers), Tuval, Greece and more distant coasts, where they have neither heard of my fame nor seen my glory. They will proclaim my glory in these nations; 20 and they will bring all your kinsmen out of all the nations as an offering to Adonai — on horses, in chariots, in wagons, on mules, on camels — to my holy mountain Yerushalayim,” says Adonai, “just as the people of Isra’el themselves bring their offerings in clean vessels to the house of Adonai. 21 I will also take cohanim and L’vi’im from them,” says Adonai.
22 “For just as the new heavens and the new earth that I am making will continue in my presence,” says Adonai, “so will your descendants and your name continue.
23 “Every month on Rosh-Hodesh
and every week on Shabbat,
everyone living will come
to worship in my presence,” says Adonai.
24 “As they leave, they will look on the corpses
of the people who rebelled against me.
For their worm will never die,
and their fire will never be quenched;
but they will be abhorrent
to all humanity.”
[“Every month on Rosh-Hodesh
and every week on Shabbat,
everyone living will come
to worship in my presence,” says Adonai.]
Isaiah 66:23 “Every month on Rosh-Hodesh
and every week on Shabbat,
everyone living will come
to worship in my presence,” says Adonai.
Today's Laws & Customs:
• Rosh Chodesh Observances Today is Rosh Chodesh (“Head of the Month”) for the month of Shevat.
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited—in its “partial” form—following the Shacharit morning prayer, and the Yaaleh Veyavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachanun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh—the month being the feminine aspect of the Jewish calendar.
Links: The 29th Day; The Lunar Files
Today in Jewish History:
• Moses Repeats the Torah On the first of Shevat of the year 2488 from creaion Moses convened the Jewish people and began the 37-day "review of the Torah" contained in the Book of Deuteronomy, which he concluded on the day of his passing on Adar 7 of that year.
Link: WordsToday's Study:
Va'eira: Exodus 6:2 God spoke to Moshe; he said to him, “I am Adonai. 3 I appeared to Avraham, Yitz’chak and Ya‘akov as El Shaddai, although I did not make myself known to them by my name, Yud-Heh-Vav-Heh [Adonai]. 4 Also with them I established my covenant to give them the land of Kena‘an, the land where they wandered about and lived as foreigners. 5 Moreover, I have heard the groaning of the people of Isra’el, whom the Egyptians are keeping in slavery; and I have remembered my covenant.
6 “Therefore, say to the people of Isra’el: ‘I am Adonai. I will free you from the forced labor of the Egyptians, rescue you from their oppression, and redeem you with an outstretched arm and with great judgments. 7 I will take you as my people, and I will be your God. Then you will know that I am Adonai your God, who freed you from the forced labor of the Egyptians. 8 I will bring you into the land which I swore to give to Avraham, Yitz’chak and Ya‘akov — I will give it to you as your inheritance. I am Adonai.’”
9 Moshe said this to the people of Isra’el. But they wouldn’t listen to him, because they were so discouraged, and their slavery was so cruel.
10 Adonai said to Moshe, 11 “Go in; and tell Pharaoh, king of Egypt, to let the people of Isra’el leave his land.” 12 Moshe said to Adonai, “Look, the people of Isra’el haven’t listened to me; so how will Pharaoh listen to me, poor speaker that I am?” 13 But Adonai spoke to Moshe and Aharon and gave them orders concerning both the people of Isra’el and Pharaoh, king of Egypt, to bring the people of Isra’el out of the land of Egypt.
(ii) 14 These were the heads of their families: the sons of Re’uven the firstborn of Isra’el were Hanokh, Pallu, Hetzron and Karmi. These were the families of Re’uven.
15 The sons of Shim‘on were Y’mu’el, Yamin, Ohad, Yakhin, Tzochar and Sha’ul the son of a Kena‘ani woman. These were the families of Shim‘on.
16 These are the names of the sons of Levi with their descendants: Gershon, K’hat and M’rari. Levi lived to be 137 years old. 17 The sons of Gershon were Livni and Shim‘i, with their families. 18 The sons of K’hat were ‘Amram, Yitz’har, Hevron and ‘Uzi’el. K’hat lived to be 133 years old. 19 The sons of M’rari were Machli and Mushi. These were the families of Levi with their descendants.
20 ‘Amram married Yokheved his father’s sister, and she bore him Aharon and Moshe. ‘Amram lived to be 137 years old. 21 The sons of Yitz’har were Korach, Nefeg and Zikhri. 22 The sons of ‘Uzi’el were Misha’el, Eltzafan and Sitri. 23 Aharon married Elisheva daughter of ‘Amminadav and sister of Nachshon, and she bore him Nadav, Avihu, El‘azar and Itamar. 24 The sons of Korach were Asir, Elkanah and Avi’asaf. These were the Korchi families. 25 El‘azar the son of Aharon married one of the daughters of Puti’el, and she bore him Pinchas. These were the heads of the families of Levi, family by family.
26 These are the Aharon and Moshe to whom Adonai said, “Bring the people of Isra’el out of the land of Egypt, division by division,” 27 and who told Pharaoh king of Egypt, to let the people of Isra’el leave Egypt. These are the same Moshe and Aharon.
28 On the day when Adonai spoke to Moshe in the land of Egypt, (iii) 29 he said, “I am Adonai. Tell Pharaoh, king of Egypt, everything I say to you.”
30 Moshe answered Adonai, “Look, I’m such a poor speaker that Pharaoh won’t listen to me.”
7:1 But Adonai said to Moshe, “I have put you in the place of God to Pharaoh, and Aharon your brother will be your prophet. 2 You are to say everything I order you, and Aharon your brother is to speak to Pharaoh and tell him to let the people of Isra’el leave his land. 3 But I will make him hardhearted. Even though I will increase my signs and wonders in the land of Egypt, 4 Pharaoh will not listen to you. Then I will lay my hand on Egypt and bring my armies, my people the sons of Isra’el, out of the land of Egypt with great acts of judgment. 5 Then, when I stretch out my hand over Egypt and bring the people of Isra’el out from among them, the Egyptians will know that I am Adonai.”
6 Moshe and Aharon did exactly what Adonai ordered them to do. 7 Moshe was eighty years old and Aharon eighty-three when they spoke to Pharaoh.
(iv) 8 Adonai said to Moshe and Aharon, 9 “When Pharaoh says to you, ‘Perform a miracle,’ tell Aharon to take his staff and throw it down in front of Pharaoh, so that it can become a snake.” 10 Moshe and Aharon went in to Pharaoh and did this, as Adonai had ordered — Aharon threw down his staff in front of Pharaoh and his servants, and it turned into a snake. 11 But Pharaoh in turn called for the sages and sorcerers; and they too, the magicians of Egypt, did the same thing, making use of their secret arts. 12 Each one threw his staff down, and they turned into snakes. But Aharon’s staff swallowed up theirs. 13 Nevertheless, Pharaoh was made hardhearted; and he didn’t listen to them, as Adonai had said would happen.
14 Adonai said to Moshe, “Pharaoh is stubborn. He refuses to let the people go. 15 Go to Pharaoh in the morning when he goes out to the water. Stand on the riverbank to confront him, take in your hand the staff which was turned into a snake, 16 and say to him, ‘Adonai, the God of the Hebrews, sent me to you to say: “Let my people go, so that they can worship me in the desert.” But until now you haven’t listened; 17 so Adonai says, “This will let you know that I am Adonai”: I will take the staff in my hand and strike the water in the river, and it will be turned into blood. 18 The fish in the river will die, the river will stink and the Egyptians won’t want to drink water from the river.’”
19 Adonai said to Moshe, “Say to Aharon, ‘Take your staff, reach out your hand over the waters of Egypt, over their rivers, canals, ponds and all their reservoirs, so that they can turn into blood. There will be blood throughout the whole land of Egypt, even in the wooden buckets and stone jars.’” 20 Moshe and Aharon did exactly what Adonai had ordered. He raised the staff and, in the sight of Pharaoh and his servants, struck the water in the river; and all the water in the river was turned into blood. 21 The fish in the river died, and the river stank so badly that the Egyptians couldn’t drink its water. There was blood throughout all the land of Egypt.
22 But the magicians of Egypt did the same with their secret arts, so that Pharaoh was made hardhearted and didn’t listen to them, as Adonai had said would happen. 23 Pharaoh just turned and went back to his palace, without taking any of this to heart. 24 All the Egyptians dug around the river for water to drink, because they couldn’t drink the river water.
25 Seven days after Adonai had struck the river, 26 (8:1) Adonai said to Moshe, “Go in to Pharaoh and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 27 (8:2) If you refuse to let them go, I will strike all your territory with frogs. 28 (8:3) The river will swarm with frogs. They will go up, enter your palace and go into your bedroom, onto your bed. They will enter the houses of your servants and your people and go into your ovens and kneading bowls. 29 (8:4) The frogs will climb all over you, your people and your servants.”’”
8:1 (5) Adonai said to Moshe, “Say to Aharon, ‘Reach out your hand with your staff over the rivers, canals and ponds; and cause frogs to come up onto the land of Egypt.’” 2 (6) Aharon put out his hand over the waters of Egypt, and the frogs came up and covered the land of Egypt. 3 (7) But the magicians did the same with their secret arts and brought up frogs onto the land of Egypt.
4 (8) Then Pharaoh summoned Moshe and Aharon and said, “Intercede with Adonai to take the frogs away from me and my people, and I will let the people go and sacrifice to Adonai.” 5 (9) Moshe said to Pharaoh, “Not only that, but you can have the honor of naming the time when I will pray for you, your servants and your people to be rid of the frogs, both yourselves and your homes, and that they stay only in the river.” 6 (10) He answered, “Tomorrow.” Moshe said, “It will be as you have said, and from this you will learn that Adonai our God has no equal. (v) 7 (11) The frogs will leave you and your homes, also your servants and your people; they will stay in the river only.” 8 (12) Moshe and Aharon left Pharaoh’s presence, and Moshe cried to Adonai about the frogs he had brought on Pharaoh. 9 (13) Adonai did as Moshe had asked — the frogs died in the houses, courtyards and fields; 10 (14) they gathered them in heaps till the land stank. 11 (15) But when Pharaoh saw that he had been given some relief, he made himself hardhearted and would not listen to them, just as Adonai had said would happen.
12 (16) Adonai said to Moshe, “Say to Aharon: ‘Reach out with your staff and strike the dust on the ground; it will become lice throughout all the land of Egypt.’” 13 (17) They did it — Aharon reached out his hand with his staff and struck the dust on the ground, and there were lice on people and animals; all the dust on the ground became lice throughout the whole land of Egypt. 14 (18) The magicians tried with their secret arts to produce lice, but they couldn’t. There were lice on people and animals. 15 (19) Then the magicians said to Pharaoh, “This is the finger of God.” But Pharaoh was made hardhearted, so that he didn’t listen to them, just as Adonai had said would happen.
16 (20) Adonai said to Moshe, “Get up early in the morning, stand before Pharaoh when he goes out to the water and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 17 (21) Otherwise, if you won’t let my people go, I will send swarms of insects on you, your servants and your people, and into your houses. The houses of the Egyptians will be full of swarms of insects, and likewise the ground they stand on. 18 (22) But I will set apart the land of Goshen, where my people live — no swarms of insects will be there — so that you can realize that I am Adonai, right here in the land. (vi) 19 (23) Yes, I will distinguish between my people and your people, and this sign will happen by tomorrow.”’” 20 (24) Adonai did it: terrible swarms of insects went into Pharaoh’s palace and into all his servants’ houses — the insects ruined the entire land of Egypt.
21 (25) Pharaoh summoned Moshe and Aharon and said, “Go, and sacrifice to your God here in the land.” 22 (26) But Moshe replied, “It would be inappropriate for us to do that, because the animal we sacrifice to Adonai our God is an abomination to the Egyptians. Won’t the Egyptians stone us to death if before their very eyes we sacrifice what they consider an abomination? 23 (27) No, we will go three days’ journey into the desert and sacrifice to Adonai our God, as he has ordered us to do.” 24 (28) Pharaoh said, “I will let you go, so that you can sacrifice to Adonai your God in the desert. Only you are not to go very far away. Intercede on my behalf.” 25 (29) Moshe said, “All right, I am going away from you, and I will intercede with Adonai; so that tomorrow, the swarms of insects will leave Pharaoh, his servants and his people. Just make sure that Pharaoh stops playing games with the people by preventing them from going and sacrificing to Adonai.”
26 (30) Moshe left Pharaoh and interceded with Adonai, 27 (31) and Adonai did what Moshe had asked: he removed the swarms of insects from Pharaoh, his servants and his people — not one remained. 28 (32) But this time, too, Pharaoh made himself stubborn and didn’t let the people go.
9:1 Then Adonai said to Moshe, “Go to Pharaoh, and tell him, ‘Here is what Adonai, the God of the Hebrews, says: “Let my people go, so that they can worship me. 2 If you refuse to let them go and persist in holding on to them, 3 the hand of Adonai is on your livestock in the field — on the horses, donkeys, camels, cattle and flocks — and will make them suffer a devastating illness. 4 But Adonai will distinguish between Egypt’s and Isra’el’s livestock — nothing belonging to the people of Isra’el will die.”’” 5 Adonai determined the exact time by saying, “Tomorrow Adonai will do this in the land.” 6 The following day, Adonai did it — all the livestock of Egypt died; but not one of the animals belonging to the people of Isra’el died. 7 Pharaoh investigated and found that not even one of the animals of the people of Isra’el had died. Nevertheless, Pharaoh’s heart remained stubborn, and he didn’t let the people go.
8 Adonai said to Moshe and Aharon, “Take handfuls of ashes from a kiln, and let Moshe throw them in the air before Pharaoh’s eyes. 9 They will turn into fine dust over all the land of Egypt and become infected sores on men and animals throughout Egypt.” 10 So they took ashes from a kiln, stood in front of Pharaoh and threw them in the air; and they became infected sores on men and animals. 11 The magicians couldn’t even stand in Moshe’s presence because of the sores, which were on them as well as on the other Egyptians. 12 But Adonai made Pharaoh hardhearted, so that he didn’t listen to them — just as Adonai had said to Moshe.
13 Adonai said to Moshe, “Get up early in the morning, stand before Pharaoh, and say to him, ‘Here is what Adonai says: “Let my people go, so that they can worship me. 14 For this time, I will inflict my plagues on you, yourself, and on your officials and your people; so that you will realize that I am without equal in all the earth. 15 By now I could have stretched out my hand and struck you and your people with such severe plagues that you would have been wiped off the earth. 16 But it is for this very reason that I have kept you alive — to show you my power, and so that my name may resound throughout the whole earth. (vii) 17 Since you are still setting yourself up against my people and not letting them go, 18 tomorrow, about this time, I will cause a hailstorm so heavy that Egypt has had nothing like it from the day it was founded until now. 19 Therefore, send and hurry to bring indoors all your livestock and everything else you have in the field. For hail will fall on every human being and animal left in the field that hasn’t been brought home, and they will die.”’”
20 Whoever among Pharaoh’s servants feared what Adonai had said had his slaves and livestock escape into the houses; 21 but those who had no regard for what Adonai had said left their slaves and livestock in the field.
22 Adonai said to Moshe, “Reach out your hand toward the sky, so that there will be hail in all the land of Egypt, falling on people, animals and everything growing in the field, throughout the land of Egypt.” 23 Moshe reached out with his staff toward the sky, and Adonai sent thunder and hail, and fire ran down to the earth. Adonai caused it to hail on the land of Egypt — 24 it hailed, and fire flashed up with the hail; it was terrible, worse than any hailstorm in all of Egypt since it became a nation. 25 Throughout all the land of Egypt, the hail struck everything in the field, people and animals; and the hail struck every plant growing in the field and broke every tree there. 26 But in the land of Goshen, where the people of Isra’el were, there was no hail.
27 Pharaoh summoned Moshe and Aharon and said to them, “This time I have sinned: Adonai is in the right; I and my people are in the wrong. 28 Intercede with Adonai — we can’t take any more of this terrible thunder and hail; and I will let you go, you will stay no longer.” 29 Moshe said to him, “As soon as I have gone out of the city, I will spread out my hands to Adonai; the thunder will end, and there won’t be any more hail — so that you can know that the earth belongs to Adonai. 30 But you and your servants, I know you still won’t fear Adonai, God.” 31 The flax and barley were ruined, because the barley was ripe and the flax in bud. 32 But the wheat and buckwheat were not ruined, because they come up later. (Maftir) 33 Moshe went out of the city, away from Pharaoh, and spread out his hands to Adonai. The thunder and hail ended, and the rain stopped pouring down on the earth. 34 When Pharaoh saw that the rain, hail and thunder had ended, he sinned still more by making himself hardhearted, he and his servants. 35 Pharaoh was made hardhearted, and he didn’t let the people of Isra’el go, just as Adonai had said through Moshe.
Shabbat Rosh Chodesh: Numbers 28:9 “‘On Shabbat offer two male lambs in their first year and without defect, with one gallon of fine flour as a grain offering, mixed with olive oil, and its drink offering. 10 This is the burnt offering for every Shabbat, in addition to the regular burnt offering and its drink offering.
11 “‘At each Rosh-Hodesh of yours, you are to present a burnt offering to Adonai consisting of two young bulls, one ram and seven male lambs in their first year and without defect; 12 with six quarts of fine flour mixed with olive oil as a grain offering for the one ram; 13 and two quarts of fine flour mixed with olive oil as a grain offering for each lamb. This will be the burnt offering giving a fragrant aroma, an offering made by fire for Adonai. 14 Their drink offerings will be two quarts of wine for a bull, one-and-one-third quarts for the ram, and one quart for each lamb. This is the burnt offering for every Rosh-Hodesh throughout the months of the year. 15 Also a male goat is to be offered as a sin offering to Adonai, in addition to the regular burnt offering and its drink offering.
Shabbat Rosh Chodesh: Isaiah 66:1 “Heaven is my throne,” says Adonai,
“and the earth is my footstool.
What kind of house could you build for me?
What sort of place could you devise for my rest?
2 Didn’t I myself make all these things?
This is how they all came to be,”
says Adonai.
“The kind of person on whom I look with favor
is one with a poor and humble spirit,
who trembles at my word.
3 Those others might as well kill a person as an ox,
as well break a dog’s neck as sacrifice a lamb,
as well offer pig’s blood as offer a grain offering,
as well bless an idol as burn incense.
Just as these have chosen their ways
and enjoy their disgusting practices,
4 so I will enjoy making fools of them,
and bring on them the very things they fear.
For when I called, no one answered;
when I spoke, they did not hear.
Instead they did what was evil in my sight
and chose what did not please me.”
5 Hear the word of Adonai,
you who tremble at his word:
“Your brothers, who hate you and reject you
because of my name, have said:
‘Let Adonai be glorified,
so we can see your joy.’
But they will be put to shame.”
6 That uproar in the city,
that sound from the temple,
is the sound of Adonai repaying
his foes what they deserve.
7 Before going into labor, she gave birth;
before her pains came, she delivered a male child.
8 Who ever heard of such a thing?
Who has ever seen such things?
Is a country born in one day?
Is a nation brought forth all at once?
For as soon as Tziyon went into labor,
she brought forth her children.
9 “Would I let the baby break through
and not be born?” asks Adonai.
“Would I, who cause the birth,
shut the womb?” asks your God.
10 Rejoice with Yerushalayim!
Be glad with her, all you who love her!
Rejoice, rejoice with her,
all of you who mourned for her;
11 so that you nurse and are satisfied
by her comforting breast,
drinking deeply and delighting
in the overflow of her glory.
12 For Adonai says, “I will spread shalom
over her like a river,
and the wealth of nations
like a flooding stream;
you will nurse and be carried in her arm
and cuddled in her lap.
13 Like someone comforted by his mother,
I will comfort you;
in Yerushalayim
you will be comforted.”
14 Your heart will rejoice at the sight,
your bodies will flourish like newly sprouted grass.
It will be known that the hand of Adonai
is with his servants; but with his enemies, his fury.
15 For — look! — Adonai will come in fire,
and his chariots will be like the whirlwind,
to render his anger furiously,
his rebuke with blazing fire.
16 For Adonai will judge all humanity
with fire and with the sword,
and those slain by Adonai will be many.
17 “Those who consecrate and purify themselves
in order to enter the gardens,
then follow the one who was already there,
eating pig meat, reptiles and mice,
will all be destroyed together,” says Adonai.
18 “For I [know] their deeds and their thoughts.
“[The time] is coming when I will gather together all nations and languages. They will come and see my glory, 19 and I will give them a sign. I will send some of their survivors to the nations of Tarshish, Pul, Lud (these are archers), Tuval, Greece and more distant coasts, where they have neither heard of my fame nor seen my glory. They will proclaim my glory in these nations; 20 and they will bring all your kinsmen out of all the nations as an offering to Adonai — on horses, in chariots, in wagons, on mules, on camels — to my holy mountain Yerushalayim,” says Adonai, “just as the people of Isra’el themselves bring their offerings in clean vessels to the house of Adonai. 21 I will also take cohanim and L’vi’im from them,” says Adonai.
22 “For just as the new heavens and the new earth that I am making will continue in my presence,” says Adonai, “so will your descendants and your name continue.
23 “Every month on Rosh-Hodesh
and every week on Shabbat,
everyone living will come
to worship in my presence,” says Adonai.
24 “As they leave, they will look on the corpses
of the people who rebelled against me.
For their worm will never die,
and their fire will never be quenched;
but they will be abhorrent
to all humanity.”
[“Every month on Rosh-Hodesh
and every week on Shabbat,
everyone living will come
to worship in my presence,” says Adonai.]
Isaiah 66:23 “Every month on Rosh-Hodesh
and every week on Shabbat,
everyone living will come
to worship in my presence,” says Adonai.
Today's Laws & Customs:
• Rosh Chodesh Observances Today is Rosh Chodesh (“Head of the Month”) for the month of Shevat.
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited—in its “partial” form—following the Shacharit morning prayer, and the Yaaleh Veyavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachanun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh—the month being the feminine aspect of the Jewish calendar.
Links: The 29th Day; The Lunar Files
Today in Jewish History:
• Moses Repeats the Torah On the first of Shevat of the year 2488 from creaion Moses convened the Jewish people and began the 37-day "review of the Torah" contained in the Book of Deuteronomy, which he concluded on the day of his passing on Adar 7 of that year.
Link: WordsToday's Study:
Chitas and Rambam for today:
Chumash: Va'eira, 7th Portion Exodus 9:17-9:35 with Rashi
• Exodus Chapter 9
17If you still tread upon My people, not letting them out, יזעֽוֹדְךָ֖ מִסְתּוֹלֵ֣ל בְּעַמִּ֑י לְבִלְתִּ֖י שַׁלְּחָֽם:
If you still tread upon My people: Heb. מִסְתּוֹלֵל, as the Targum [Onkelos] renders: כְּבִישַׁתבֵּיהּ בְּעַמִי. This is an expression of a highway (מְסִלָה) (Num. 20:19), rendered by the Targum אֹרַח כְּבִישָׁא, a trodden road, and in Old French, calcher, to trample underfoot. I already explained at the end of [the section entitled] וַיְהִי מִקֵץ (Gen. 44:16) that in every word of which the first root letter is “sammech,” when used in the “hithpa’el” form, the “tav” of the prefix is placed in the middle of the root letters, such as here, and such as “and the grasshopper will drag itself along (וְיִסְךְתַּבֵל) ” (Eccl. 12:5) from the root סבל “that you rule (תִשְךְתָּרֵר) over us” (Num. 16:13), an expression of a prince (שַֹר) and a ruler; “I looked (מִסְךְתַּכַּל)” (Dan. 7:8). [Actually, the word is מִשְֹתַּכַּל, but the same rule applies for a “sin” as for a “sammech.”] עודך מסתולל בעמי: כתרגומו כבישת ביה בעמי, והוא מגזרת (ישעיהו יא טז) מסלה, דמתרגמינן אורח כבישא, ובלעז קלקיי"ר [לכבוש]. וכבר פירשתי בסוף ויהי מקץ כל תיבה שתחלת יסודה סמ"ך והיא באה לדבר בלשון מתפעל, נותן התי"ו של שמוש באמצע אותיות של עיקר, כגון זו וכגון (קהלת יב ה) ויסתבל החגב, מגזרת סבל, (במדבר טז יג) כי תשתרר עלינו, מגזרת שר ונגיד, (דניאל ז ח) משתכל הוית:
18behold, I am going to rain down at this time tomorrow a very heavy hail, the likes of which has never been in Egypt from the day of its being founded until now. יחהִנְנִ֤י מַמְטִיר֙ כָּעֵ֣ת מָחָ֔ר בָּרָ֖ד כָּבֵ֣ד מְאֹ֑ד אֲשֶׁ֨ר לֹֽא־הָיָ֤ה כָמֹ֨הוּ֙ בְּמִצְרַ֔יִם לְמִן־הַיּ֥וֹם הִוָּֽסְדָ֖ה וְעַד־עָֽתָּה:
at this time tomorrow: [Heb. כָּעֵתמָחָר lit., at the time tomorrow, meaning] at this time tomorrow. He made a scratch on the wall [to demonstrate that] “Tomorrow, when the sun reaches here, the hail will come down.” -[from Tanchuma, Va’era 16] כעת מחר: כעת הזאת למחר, שרט לו שריטה בכותל למחר כשתגיע חמה לכאן ירד הברד:
its being founded: Heb. הִוָּסְדָה, when it was founded (נִסְיַסְּדָה). Every word whose first root letter is “yud,” like יסד to found, ילד, to bear, ידע, to know, [and] יסר, to chastise, when it is used in the passive voice, a “vav” replaces the yud, like “its being founded הִוָסְדָה ” ; “she was born (הִוָלְדָה) ” (Hos. 2:5); “And… became known (וַיִוָדַע) ” (Esther 2: 22); “And to Joseph were born (וַיִוָלֵד) ” (Gen. 46:20); “A slave cannot be chastised ((יִוָּסֶר with words” (Prov. 29: 19). הוסדה: שנתיסדה וכל תיבה שתחלת יסודה יו"ד כגון יסד, ילד, ידע, יסר, כשהיא מתפעלת תבא הוי"ו במקום היו"ד, כמו הוסדה (הושע ב ה) הולדה (אסתר ב כה) ויודע (בראשית מו כ) ויולד ליוסף, בדברים לא יוסר עבד (משלי כט יט):
19And now, send, gather in your livestock and all that you have in the field, any man or beast that is found in the field and not brought into the house the hail shall fall on them, and they will die." ' " יטוְעַתָּ֗ה שְׁלַ֤ח הָעֵז֙ אֶת־מִקְנְךָ֔ וְאֵ֛ת כָּל־אֲשֶׁ֥ר לְךָ֖ בַּשָּׂדֶ֑ה כָּל־הָֽאָדָ֨ם וְהַבְּהֵמָ֜ה אֲשֶׁר־יִמָּצֵ֣א בַשָּׂדֶ֗ה וְלֹ֤א יֵֽאָסֵף֙ הַבַּ֔יְתָה וְיָרַ֧ד עֲלֵהֶ֛ם הַבָּרָ֖ד וָמֵֽתוּ:
send, gather in: Heb. הָעֵז, as the Targum [Onkelos] renders: שְׁלַח כְּנוֹֹש send, gather in. Likewise, “the inhabitants gathered הֵעִיזוּ ” (Isa. 10:31); “Gather (הָעִזוּ) the sons of Benjamin” (Jer. 6:1). שלח העז: כתרגומו שלח כנוש. וכן (ישעיהו י לא) יושבי הגבים העיזו, (ירמיהו ו א) העיזו בני בנימן:
and not brought into the house: Heb. יֵאָסֵף, an expression of bringing in. ולא יאסף הביתה: לשון הכנסה הוא:
20He who feared the word of the Lord of Pharaoh's servants drove his servants and his livestock into the houses. כהַיָּרֵא֙ אֶת־דְּבַ֣ר יְהֹוָ֔ה מֵֽעַבְדֵ֖י פַּרְעֹ֑ה הֵנִ֛יס אֶת־עֲבָדָ֥יו וְאֶת־מִקְנֵ֖הוּ אֶל־הַבָּתִּֽים:
drove: Heb. הֵנִיס, caused to flee, an expression derived from “and fled (וַיָנָס) ” (Exod. 4:3). הניס: הבריח לשון (שמות ד ג) וינס משה:
21But he who did not pay attention to the word of the Lord left his servants and his livestock in the field. כאוַֽאֲשֶׁ֥ר לֹא־שָׂ֛ם לִבּ֖וֹ אֶל־דְּבַ֣ר יְהֹוָ֑ה וַיַּֽעֲזֹ֛ב אֶת־עֲבָדָ֥יו וְאֶת־מִקְנֵ֖הוּ בַּשָּׂדֶֽה:
22The Lord said to Moses, "Stretch forth your hand heavenward, and hail will be upon the entire land of Egypt, upon man and upon beast and upon all the vegetation of the field in the land of Egypt." כבוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־משֶׁ֗ה נְטֵ֤ה אֶת־יָֽדְךָ֙ עַל־הַשָּׁמַ֔יִם וִיהִ֥י בָרָ֖ד בְּכָל־אֶ֣רֶץ מִצְרָ֑יִם עַל־הָֽאָדָ֣ם וְעַל־הַבְּהֵמָ֗ה וְעַ֛ל כָּל־עֵ֥שֶׂב הַשָּׂדֶ֖ה בְּאֶ֥רֶץ מִצְרָֽיִם:
heavenward: Heb. עַל-הַֹשָמַיִם, lit., over the heavens. Toward the heavens. According to the Midrash Aggadah (Tanchuma, Va’era 15), however, [it means that] the Holy One, blessed be He, raised Moses above the heavens. על השמים: לצד השמים, ומדרש אגדה הגביהו הקב"ה למשה למעלה מן השמים:
23So Moses stretched forth his staff heavenward, and the Lord gave forth thunder and hail, and fire came down to the earth, and the Lord rained down hail upon the land of Egypt. כגוַיֵּ֨ט משֶׁ֣ה אֶת־מַטֵּ֘הוּ֘ עַל־הַשָּׁמַ֒יִם֒ וַֽיהֹוָ֗ה נָתַ֤ן קֹלֹת֙ וּבָרָ֔ד וַתִּֽהֲלַךְ־אֵ֖שׁ אָ֑רְצָה וַיַּמְטֵ֧ר יְהֹוָ֛ה בָּרָ֖ד עַל־אֶ֥רֶץ מִצְרָֽיִם:
24And there was hail, and fire flaming within the hail, very heavy, the likes of which had never been throughout the entire land of Egypt since it had become a nation. כדוַיְהִ֣י בָרָ֔ד וְאֵ֕שׁ מִתְלַקַּ֖חַת בְּת֣וֹךְ הַבָּרָ֑ד כָּבֵ֣ד מְאֹ֔ד אֲ֠שֶׁ֠ר לֹֽא־הָיָ֤ה כָמֹ֨הוּ֙ בְּכָל־אֶ֣רֶץ מִצְרַ֔יִם מֵאָ֖ז הָֽיְתָ֥ה לְגֽוֹי:
flaming within the hail: [This was] a miracle within a miracle. The fire and hail intermingled. Although hail is water, to perform the will of their Maker they made peace between themselves [that the hail did not extinguish the fire nor did the fire melt the hail]. — [from Tanchuma, Va’era 14] מתלקחת בתוך הברד: נס בתוך נס, האש והברד מעורבין, והברד מים הוא, ולעשות רצון קונם עשו שלום ביניהם:
25The hail struck throughout the entire land of Egypt, all that was in the field, both man and beast, and the hail struck all the vegetation of the field, and it broke all the trees of the field. כהוַיַּ֨ךְ הַבָּרָ֜ד בְּכָל־אֶ֣רֶץ מִצְרַ֗יִם אֵ֚ת כָּל־אֲשֶׁ֣ר בַּשָּׂדֶ֔ה מֵֽאָדָ֖ם וְעַד־בְּהֵמָ֑ה וְאֵ֨ת כָּל־עֵ֤שֶׂב הַשָּׂדֶה֙ הִכָּ֣ה הַבָּרָ֔ד וְאֶת־כָּל־עֵ֥ץ הַשָּׂדֶ֖ה שִׁבֵּֽר:
26Only in the land of Goshen, where the children of Israel were, there was no hail. כורַ֚ק בְּאֶ֣רֶץ גּ֔שֶׁן אֲשֶׁר־שָׁ֖ם בְּנֵ֣י יִשְׂרָאֵ֑ל לֹ֥א הָיָ֖ה בָּרָֽד:
27So Pharaoh sent and summoned Moses and Aaron and said to them, "I have sinned this time. The Lord is the righteous One, and I and my people are the guilty ones. כזוַיִּשְׁלַ֣ח פַּרְעֹ֗ה וַיִּקְרָא֙ לְמשֶׁ֣ה וּלְאַֽהֲרֹ֔ן וַיֹּ֥אמֶר אֲלֵהֶ֖ם חָטָ֣אתִי הַפָּ֑עַם יְהֹוָה֙ הַצַּדִּ֔יק וַֽאֲנִ֥י וְעַמִּ֖י הָֽרְשָׁעִֽים:
28Entreat the Lord, and let it be enough of God's thunder and hail, and I will let you go, and you shall not continue to stand." כחהַעְתִּ֨ירוּ֙ אֶל־יְהֹוָ֔ה וְרַ֕ב מִֽהְיֹ֛ת קֹלֹ֥ת אֱלֹהִ֖ים וּבָרָ֑ד וַֽאֲשַׁלְּחָ֣ה אֶתְכֶ֔ם וְלֹ֥א תֹֽסִפ֖וּן לַֽעֲמֹֽד:
and let it be enough: It is enough for Him what He has already brought down. — [after Jonathan ben Uzziel] ורב: די לו במה שהוריד כבר:
29And Moses said to him, "When I leave the city, I will spread my hands to the Lord. The thunder will cease, and there will be no more hail, in order that you know that the land is the Lord's. כטוַיֹּ֤אמֶר אֵלָיו֙ משֶׁ֔ה כְּצֵאתִי֙ אֶת־הָעִ֔יר אֶפְרֹ֥שׂ אֶת־כַּפַּ֖י אֶל־יְהֹוָ֑ה הַקֹּל֣וֹת יֶחְדָּל֗וּן וְהַבָּרָד֙ לֹ֣א יִֽהְיֶה־ע֔וֹד לְמַ֣עַן תֵּדַ֔ע כִּ֥י לַֽיהֹוָ֖ה הָאָֽרֶץ:
When I leave the city: Heb. כְּצֵאתִי אֶת-הָעִיר, [equivalent to] מִן-הָעִיר, [lit., when I go out] from the city, but within the city he did not pray, because it was full of idols. — [from Exod. Rabbah 12:5] כצאתי את העיר: מן העיר, אבל בתוך העיר לא התפלל, לפי שהיתה מלאה גלולים:
30But you and your servants I know that you still do not fear the Lord God, לוְאַתָּ֖ה וַֽעֲבָדֶ֑יךָ יָדַ֕עְתִּי כִּ֚י טֶ֣רֶם תִּֽירְא֔וּן מִפְּנֵ֖י יְהֹוָ֥ה אֱלֹהִֽים:
you still do not fear: Heb. טֶרֶם ךְתִּירְאוּן, you do not yet fear, and so every [instance of] טֶרֶם in the Scriptures means “not yet,” and it is not a term meaning “before.” [This is] like טֶרֶם יִֹשְכָּבוּ, [which Onkelos renders:] עַד לֹא שְׁכִיבוּ, “They had not yet retired” (Gen. 19:4); טֶרֶם יִצְמָח, [which Onkelos renders:] עַד לֹא צְמָח, “neither did…yet grow” (Gen. 2:5). This too means the same. [I.e.,] I know that you still do not fear [God], and as soon as relief comes, you will continue in your corruption. — [from Onkelos] טרם תיראון: עדין לא תיראון. וכן כל טרם שבמקרא עדיין לא הוא, ואינו לשון קודם, כמו (בראשית יט ד) טרם ישכבו, עד לא שכיבו (שם ב ה) טרם יצמח, עד לא צמח, אף זה כן הוא ידעתי כי עדיין אינכם יראים ומשתהיה הרוחה תעמדו בקלקולכם:
31though the flax and the barley have been broken, for the barley is in the ear, and the flax is in the stalk. לאוְהַפִּשְׁתָּ֥ה וְהַשְּׂעֹרָ֖ה נֻכָּ֑תָה כִּ֤י הַשְּׂעֹרָה֙ אָבִ֔יב וְהַפִּשְׁתָּ֖ה גִּבְעֹֽל:
though the flax and the barley have been broken: Heb. נֻכָּתָה, has been broken, an expression similar to “Pharaoh-Neco (פַּרְעֹה נְכֹה) ” [the lame Pharaoh] (II Kings 23: 29); “broken-hearted (נְכָאִים) ” (Isa. 16:7); and likewise, “have not been broken (נֵכּוּ)” (below, verse 32). It is incorrect to interpret it as an expression of smiting (הַכָּאָה), because a “nun” does not come in place of a “hey,” that נֻכָּתָה should be explained like הֻכָּתָה, smitten, and נֻכּוּ like הֻכּוּ, smitten. The “nun” is, however, a root letter in the word, and it is of the same form as “and his bones are dislocated (ֹשֻפּוּ) ” (Job 33:21). והפשתה והשערה נכתה: נשברה לשון (מלכים ב כג כט) פרעה נכה, (ישעיהו טז ז) נכאים, וכן (פסוק לב) לא נכו. ולא יתכן לפרשו לשון הכאה, שאין נו"ן במקום ה"א לפרש נכתה כמו הוכתה, נכו כמו הכו, אלא הנו"ן שורש בתיבה והרי הוא מגזרת (איוב לג כא) ושפו עצמותיו:
for the barley is in the ear: It has already ripened and is standing in its stalks, and they have been broken and have fallen. Likewise, the flax has already grown and has become hardened [enough] to stand in its stalks. כי השערה אביב: כבר ביכרה ועומדת בקשיה ונשתברו ונפלו. וכן הפשתה גדלה כבר והוקשה לעמוד בגבעוליה:
the barley is in the ear: Heb. אָבִיב, it has stood in its stalks, an expression like “the green plants of (בְּאִבֵּי) the valley ” (Song of Songs 6:11). השעורה אביב: עמדה באביה, לשון (שיר השירים ו יא) באבי הנחל:
32The wheat and the spelt, however, have not been broken because they ripen late." לבוְהַֽחִטָּ֥ה וְהַכֻּסֶּ֖מֶת לֹ֣א נֻכּ֑וּ כִּ֥י אֲפִילֹ֖ת הֵֽנָּה:
because they ripen late: Heb. אִפִילֹת, late, and they were still tender and were able to withstand the hard [hail]. Although it says: “and the hail struck all the vegetation of the field” (verse 25), the simple meaning of the verse may be explained as referring to the herbs that were standing in their stalks, which could be smitten by the hail. In the Midrash of Rabbi Tanchuma (Va’era 16), some of our Rabbis differed with this and interpreted כִּי אִפִילֹת to mean that “wonders of wonders (פִּלְאֵי פְלָאוֹת) ” were wrought for them, that they were not smitten. כי אפילת הנה: מאוחרות, ועדיין היו רכות ויכולות לעמוד בפני קשה. ואף על פי שנאמר (פסוק כה) ואת כל עשב השדה הכה הברד יש לפרש פשוטו של מקרא בעשבים העומדים בקלחם הראויים ללקות בברד. ובמדרש רבי תנחומא יש מרבותינו שנחלקו על זאת ודרשו כי אפילות פלאי פלאות נעשו להם, שלא לקו:
33Moses went away from Pharaoh, out of the city, and he spread out his hands to the Lord, and the thunder and the hail ceased, and rain did not come down to earth. לגוַיֵּצֵ֨א משֶׁ֜ה מֵעִ֤ם פַּרְעֹה֙ אֶת־הָעִ֔יר וַיִּפְרֹ֥שׂ כַּפָּ֖יו אֶל־יְהֹוָ֑ה וַיַּחְדְּל֤וּ הַקֹּלוֹת֙ וְהַבָּרָ֔ד וּמָטָ֖ר לֹֽא־נִתַּ֥ךְ אָֽרְצָה:
did not come down: Heb. לֹא נִךְתַּ, did not reach. Even those [hailstones] that were in the air did not reach the ground. Similarly: וַךְתִּךְתַּ עָלֵינוּ, “the curse and the oath” of Ezra (sic) (Dan. 9:11), [which means they] have befallen us. Menachem (Machbereth Menachem, p. 184), however, classified it (נִךְתַּ) in the group headed by “As silver is melted (כְּהִךְתּוּ) ” (Ezek. 22:22), an expression of pouring [molten] metal, and I approve of his words, as the Targum renders וַיִצֹק (Exod. 38:5) as וְאַךְתִּי, “And he cast,” [and], לָדֶקֶת (Exod. 38:27) as לְאַךְתָּכָא, “to cast.” This too, לֹא נִךְתַּ אָרְצָה, means: was not poured to earth. לא נתך: לא הגיע, ואף אותן שהיו באויר לא הגיעו לארץ, ודומה לו (דניאל ט יא) ותתך עלינו האלה והשבועה, דעזרא, ותגיע עלינו. ומנחם בן סרוק חברו בחלק (יחזקאל כב כב) כהתוך כסף, לשון יציקת מתכת, ורואה אני את דבריו, כתרגומו ויצק (שמות לח ה) ואתיך, (שם כז) לצקת לאתכא, אף זה לא נתך לארץ לא הוצק לארץ:
34And Pharaoh saw that the rain, the hail, and the thunder had ceased; so he continued to sin, and he strengthened his heart, he and his servants. לדוַיַּ֣רְא פַּרְעֹ֗ה כִּֽי־חָדַ֨ל הַמָּטָ֧ר וְהַבָּרָ֛ד וְהַקֹּלֹ֖ת וַיֹּ֣סֶף לַֽחֲטֹ֑א וַיַּכְבֵּ֥ד לִבּ֖וֹ ה֥וּא וַֽעֲבָדָֽיו:
35And Pharaoh's heart was hardened, and he did not let the children of Israel go out, as the Lord had spoken through the hand of Moses. להוַיֶּֽחֱזַק֙ לֵ֣ב פַּרְעֹ֔ה וְלֹ֥א שִׁלַּ֖ח אֶת־בְּנֵ֣י יִשְׂרָאֵ֑ל כַּֽאֲשֶׁ֛ר דִּבֶּ֥ר יְהֹוָ֖ה בְּיַד־משֶֽׁה:
• Daily Tehillim: Psalms Chapters 1 - 9
• Chapter 1
This psalm inspires man to study Torah and avoid sin. One who follows this path is assured of success in all his deeds, whereas the plight of the wicked is the reverse.
1. Fortunate is the man that has not walked in the counsel of the wicked, nor stood in the path of sinners, nor sat in the company of scoffers.
2. Rather, his desire is in the Torah of the Lord, and in His Torah he meditates day and night.
3. He shall be like a tree planted by streams of water, that yields its fruit in its season, and whose leaf does not wither; and all that he does shall prosper.
4. Not so the wicked; rather, they are like the chaff that the wind drives away.
5. Therefore the wicked will not endure in judgement, nor sinners in the assembly of the righteous.
6. For the Lord minds the way of the righteous, but the way of the wicked will perish.
Chapter 2
This psalm warns against trying to outwit the ways of God. It also instructs one who has reason to rejoice, to tremble—lest his sins cause his joy to be overturned.
1. Why do nations gather, and peoples speak futility?
2. The kings of the earth rise up, and rulers conspire together, against the Lord and against His anointed:
3. “Let us sever their cords, and cast their ropes from upon us!”
4. He Who sits in heaven laughs, my Master mocks them.
5. Then He speaks to them in His anger, and terrifies them in His wrath:
6. “It is I Who have anointed My king, upon Zion, My holy mountain.”
7. I am obliged to declare: The Lord said to me, “You are my son, I have this day begotten you.1
8. Ask of Me, and I will make the nations your inheritance, and the ends of the earth your possession.
9. Smash them with a rod of iron, shatter them like a potter’s vessel.”
10. Now be wise, you kings; be disciplined, you rulers of the earth.
11. Serve the Lord with awe, and rejoice with trembling.
12. Yearn for purity—lest He become angry and your path be doomed, if his anger flares for even a moment. Fortunate are all who put their trust in Him
FOOTNOTES
1.The day David was crowned. (Rashi)
Chapter 3
When punishment befalls man, let him not be upset by his chastisement, for perhaps--considering his sins—he is deserving of worse, and God is in fact dealing kindly with him.
1. A psalm by David, when he fled from Absalom his son.
2. Lord, how numerous are my oppressors; many rise up against me!
3. Many say of my soul, “There is no salvation for him from God—ever!”
4. But You, Lord, are a shield for me, my glory, the One Who raises my head.
5. With my voice I call to the Lord, and He answers me from His holy mountain, Selah.
6. I lie down and sleep; I awake, for the Lord sustains me.
7. I do not fear the myriads of people that have aligned themselves all around me.
8. Arise, O Lord, deliver me, my God. For You struck all my enemies on the cheek, You smashed the teeth of the wicked.
9. Deliverance is the Lord’s; may Your blessing be upon Your people forever
Chapter 4
This psalm exhorts man not to shame his fellow, and to neither speak nor listen to gossip and slander. Envy not the prosperity of the wicked in this world, rather rejoice and say: “If it is so for those who anger Him . . . [how much better it will be for those who serve Him!”]
1. For the Conductor, with instrumental music, a psalm by David.
2. Answer me when I call, O God [Who knows] my righteousness. You have relieved me in my distress; be gracious to me and hear my prayer.
3. Sons of men, how long will you turn my honor to shame, will you love vanity, and endlessly seek falsehood?
4. Know that the Lord has set apart His devout one; the Lord will hear when I call to Him.
5. Tremble and do not sin; reflect in your hearts upon your beds, and be silent forever.
6. Offer sacrifices in righteousness, and trust in the Lord.
7. Many say: “Who will show us good?” Raise the light of Your countenance upon us, O Lord.
8. You put joy in my heart, greater than [their joy] when their grain and wine abound.
9. In peace and harmony I will lie down and sleep, for You, Lord, will make me dwell alone, in security.
Chapter 5
A prayer for every individual, requesting that the wicked perish for their deeds, and the righteous rejoice for their good deeds.
1. For the Conductor, on the nechilot,1 a psalm by David.
2. Give ear to my words, O Lord, consider my thoughts.
3. Listen to the voice of my cry, my King and my God, for to You I pray.
4. Lord, hear my voice in the morning; in the morning I set [my prayers] before you and hope.
5. For You are not a God Who desires wickedness; evil does not abide with You.
6. The boastful cannot stand before Your eyes; You hate all evildoers.
7. You destroy the speakers of falsehood; the Lord despises the man of blood and deceit.
8. And I, through Your abundant kindness, come into Your house; I bow toward Your holy Sanctuary, in awe of You.
9. Lead me, O Lord, in Your righteousness, because of my watchful enemies; straighten Your path before me.
10. For there is no sincerity in their mouths, their heart is treacherous; their throat is an open grave, [though] their tongue flatters.
11. Find them guilty, O God, let them fall by their schemes; banish them for their many sins, for they have rebelled against You.
12. But all who trust in You will rejoice, they will sing joyously forever; You will shelter them, and those who love Your Name will exult in You.
13. For You, Lord, will bless the righteous one; You will envelop him with favor as with a shield.
FOOTNOTES
1.A musical instrument that sounded like the buzzing of bees (Metzudot).
Chapter 6
This is an awe-inspiring prayer for one who is ill, to pray that God heal him, body and soul. An ailing person who offers this prayer devoutly and with a broken heart is assured that God will accept his prayer.
1. For the Conductor, with instrumental music for the eight-stringed harp, a psalm by David.
2. Lord, do not punish me in Your anger, nor chastise me in Your wrath.
3. Be gracious to me, O Lord, for I languish away; heal me, O Lord, for my bones tremble in fear.
4. My soul is panic-stricken; and You, O Lord, how long [before You help]?
5. Relent, O Lord, deliver my soul; save me for the sake of Your kindness.
6. For there is no remembrance of You in death; who will praise You in the grave?
7. I am weary from sighing; each night I drench my bed, I melt my couch with my tears.
8. My eye has grown dim from vexation, worn out by all my oppressors.
9. Depart from me, all you evildoers, for the Lord has heard the sound of my weeping.
10. The Lord has heard my supplication; the Lord accepts my prayer.
11. All my enemies will be shamed and utterly terrified; they will then repent and be shamed for a moment.1
FOOTNOTES
1.Only for a moment will they be shamed, because I will forgive them and never again mention their deeds (Metzudot).
Chapter 7
Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.
1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion, crushing me with none to rescue.
4. Lord, my God, if I have done this, if there is wrongdoing in my hands;
5. if I have rewarded my friends with evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.
7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.
8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.
10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He Who saves the upright of heart.
12. God is the righteous judge, and the Almighty is angered every day.
13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to fall into the trap he laid.
17. His mischief will return upon his own head, his violence will come down upon his own skull.
18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High
FOOTNOTES
1.This refers either to a musical instrument, or to a mistake committed by David, in recognition of which this psalm was written (Rashi).
Chapter 8
This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a psalm by David.
2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2
4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember him, son of man that You should be mindful of him?
6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the beasts of the field;
9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your Name throughout the earth.
FOOTNOTES
1.A musical instrument crafted in Gath (Metzudot).
2.The wonders of childbirth and nursing demonstrate God’s existence to non-believers (Metzudot).
Chapter 9
One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of Labben, a psalm by David.
2. I will thank the Lord with all my heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I will sing to Your Name, O Most High.
4. When my enemies retreat, they will stumble and perish from before You.
5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked, erased their name for all eternity.
7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He established His throne for judgement.
9. And He will judge the world with justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.
13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,
15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that they made; in the net they concealed their foot was caught.
17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.
18. The wicked will return to the grave, all the nations that forget God.
19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.
Tanya: Likutei Amarim, end of Chapter 18
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 1 Shevat, 5777 · 28 January 2017
• Likutei Amarim, end of Chapter 18
• הנה החכמה היא מקור השכל וההבנה
• Rambam - Shabbat, 1 Shevat, 5777 · 28 January 2017
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Negative Commandment 181 (Digest)
• The Injured Animal
"You shall not eat any meat that is torn in the field"—Exodus 22:30.
It is forbidden to consume the flesh of an animal that has been attacked by another animal and sustained life-threatening injuries, or an animal that has sustained such injuries in another manner, even if it has been ritually slaughtered.
The fact that the Torah employs the words "in the field" when issuing this prohibition teaches us that certain other meats that have "left their natural borders" are also forbidden. This includes flesh of a sacrifice that has left its confines (e.g., the flesh of a "holy of holies" sacrifice that left the Temple Courtyard), and the fetus that has extended an arm [or leg outside his mother's womb and then its mother was slaughtered before it was born—this limb is forever forbidden for consumption].
This prohibition also includes any flesh torn from a living animal.
• The Injured Animal
The 181st prohibition is that we are forbidden from eating [meat from] an animal which is treifa.
The source of this prohibition is G‑d's statement,1 "Do not eat flesh torn off (treifa) in the field."
The simple meaning of this verse2 is as explained in the Mechilta, "The verse just speaks of the most common case, [a field being] the place where most animals are torn."
But in the Oral Tradition3 has an additional explanation of this verse: "Flesh in the field is treifa, therefore do not eat it." This means that once the flesh is moved outside its proper place, it is considered to be treifa. Examples of this are meat from kodshei kodshim which was taken outside the Temple courtyard; or meat from kodshim kalim which was taken outside the wall [of Yerushalayim]; or meat from the Pesach offering which was taken away from where its group was; or if a fetus stuck its hand out [of the womb], as explained in the fourth chapter of Chulin. In all these cases the meat is called treifa, and one who eats a kezayis of their flesh receives lashes by Torah law.
Flesh which was taken from a live animal is also considered to be treifa, and one who eats it is punished by lashes. Our Sages said in Gemara Chulin,4 "The verse, 'Do not eat flesh torn off (treifa) in the field,' refers to flesh from a live animal and flesh from a treifa.
This mitzvah, as well as the previous one [regarding neveilah], is repeated with regard to kohanim. This is in G‑d's statement to the kohanim,5 "He shall not eat a neveilah or a treifa, since it will defile him." The reason for the repetition is because they are commanded to eat from a bird which was brought as a sin offering, which is prepared with melikah.6 Melikah, when performed on a non-sanctified bird is undoubtedly neveilah, not valid slaughter. We might think that therefore they are permitted to eat even non-sanctified animals prepared through melikah, as well as any other invalid slaughter. Therefore [the verse] explains that they are included among all other Jews regarding the prohibition of eating neveilah and treifa. This is the explanation given by our Sages, in addition to another law derived from this verse, which we don't need to discuss in the present work.
However, a beheimah or chaya which develops one of the invalidating conditions (treifos) which are derived through the principles of Torah interpretation may not be eaten even if it is slaughtered properly. One who slaughters it in a kosher manner and eats from its flesh receives lashes by Rabbinic decree. The various types of treifos are explained in the third chapter of Chulin. The nine7 previous mitzvos are explained in that same chapter, as well as the last chapter of Makos and the first chapter of B'choros.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ex. 22:30.
2.Particularly why it mentions a field.
3.Chulin 68a.
4.102b.
5.Lev. 22:8.
6.Cutting through the back of the neck with a thumbnail. See N112.
7.N172-N181.
• Negative Commandment 182 (Digest)
• The Limb of a Living Animal
"And you may not eat the life with the meat"—Deuteronomy 12:23.
It is forbidden to eat a complete limb removed from a living animal.
• The Limb of a Living Animal
The 182nd prohibition is that we are forbidden from eating the limb of a living animal. This applies when the limb was cut from the animal while it was still alive, and one eats a kezayis from the limb as it was in its original form.1 Even if there was only a minute amount of actual flesh, one who eats [a kezayis] is punished by lashes.
The source of this prohibition is G‑d's statement,2 "Do not eat flesh with life in it."
The Sifri says, "The verse, 'Do not eat flesh with life in it,' refers to the limb of a live animal. The same explanation is given in Gemara Chulin,3 where our Sages said, "One who eats the limb of a live animal and the flesh of a live animal receives two sets of lashes." This is because there are two prohibitions: the first being the prohibition regarding a limb, "Do not eat flesh with life in it," and the second, the prohibition of eating the flesh of a live animal, "Do not eat flesh torn off (treifa) in the field," as explained previously.4
This same prohibition is repeated in other words in G‑d's statement5 to Noah prohibiting the limb of a live animal, "But you may not eat flesh of a creature that is still alive."
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.I.e. including the bones, sinews, etc. In most mitzvos, the Biblical prohibition is transgressed only when a kezayis of the flesh is eaten, excluding bones, etc. Here, since the limb is complete, everything is included in the kezayis.
2.Deut. 12:23.
3.102b.
4.N181.
5.Gen. 9:4.
• Negative Commandment 184 (Digest)
• Consuming Blood
"You shall not eat any blood"—Leviticus 7:26.
It is forbidden to consume [a kosher mammal or bird's] blood. This prohibition is repeated several times in the Torah.
• Consuming Blood
The 184th prohibition is that we are forbidden from eating blood.
The source of this prohibition is G‑d's statement,1 "Do not eat any blood." This prohibition is repeated in Torah many times. It explains that one who transgresses intentionally receives kares, as it is written,2 "Whoever eats it shall receive kares." If it was transgressed accidentally, the person must bring a chatos offering.3
The details of this mitzvah are explained in the fifth chapter of tractate Krisus.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 7:26.
2.Ibid. 17:14
3.See P69.
• Negative Commandment 185 (Digest)
• Forbidden Fats
"You shall eat no fat of an ox, sheep, or goat"—Leviticus 7:23.
It is forbidden to consume [certain] fats [that were offered on the Temple Altar] of kosher domesticated animals.
• Forbidden Fats
The 185th prohibition is that we are forbidden from eating the fats of a kosher animal.1
The source of this prohibition is G‑d's statement,2 "Do not eat any of the hard fat in an ox, sheep or goat."
This prohibition is also repeated and the punishment of kares explicitly stated.3 This applies if he transgressed intentionally, but it was accidental, he must bring a chatos offering.
The details of this mitzvah are explained in the 7th chapter of tractate Chulin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.The fat of a nonkosher animal is already forbidden just as the flesh is.
2.Lev. 7:23.
3.Ibid. 7:25.
• Negative Commandment 183 (Digest)
• The Sciatic Nerve
"Therefore the children of Israel shall not eat the sciatic nerve"—Genesis 32:33.
It is forbidden to consume an animal's sciatic nerve.
• The Sciatic Nerve
The 183rd prohibition is that we are forbidden from eating the sciatic nerve (gid ha'nasheh).
The source of this prohibition is G‑d's statement,1 "The Jewish people therefore do not eat the sciatic nerve to this very day."
One who eats the entire nerve, even if it is minute in size, or one who eats a kezayis [even if it is not the entire nerve] receives lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Gen. 32:33.
• Rambam - 1 Chapter: Rotzeach uShmirat Nefesh Rotzeach uShmirat Nefesh - Chapter Three
• Rotzeach uShmirat Nefesh - Chapter Three
• Rambam - 3 Chapters: Ma'achalot Assurot Ma'achalot Assurot - Chapter 11, Ma'achalot Assurot Ma'achalot Assurot - Chapter 12, Ma'achalot Assurot Ma'achalot Assurot - Chapter 13
• Ma'achalot Assurot - Chapter 11
• Hayom Yom: Today's Hayom Yom
• Shabbat, 1 Shevat, 5777 · 28 January 2017
• "Today's Day"
• Thursday, Sh'vat 1, Rosh Chodesh, 5703
Torah lessons: Chumash: Va'eira, Chamishi with Rashi.
Tehillim: 1-9.
Tanya: In the category of (p. 63)...more than his wont. (p. 63).
The daily recital of Tehillim after davening1 applies equally to Chabad chassidic shuls and to those who follow the Ashkenazic or Polish nusach2 - may G‑d be with them.3 On account of ahavat Yisrael, love of our fellow...and especially in view of the importance and inner purpose of saying Tehillim with a minyan, which literally affects all of Israel, materially in "children, life and sustenance," and spiritually ...we must endeavor with every means possible that it become an established practice in every shul of every nusach.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
FOOTNOTES
1.See "Saying Tehillim," Kehot.
2.See Introduction to the Siddur, Kehot.
3.Yeshayahu 38:16.
• Daily Thought:
A Luminous Being
Some believe that life is simply about each person doing what he or she must do. For them, there are no great differences between us. One may be wise, another thoughtless, one a pragmatist, the other a dreamer, one looks heavenward, the other earthward. But life is not about thoughts or dreams or heaven. Life is about what you do.
They are right, but they are also wrong. Life is about doing, but the doing must shine. It must shine such a brilliant light that this whole world of doing will transcend itself.
To shine with that light, we must be plugged in. We must be connected together as a single organism, bonded by those souls that entirely transcend this world, as a mind transcends the body while rendering it a single whole. Then, even our most simplest deeds shine brightly.
In truth, we are more than equal. We are a single, luminous being.[Torat Menachem, vol. 34 (Likkutei Sichot, vol. 4), Parshat Korach.]
Chumash: Va'eira, 7th Portion Exodus 9:17-9:35 with Rashi
• Exodus Chapter 9
17If you still tread upon My people, not letting them out, יזעֽוֹדְךָ֖ מִסְתּוֹלֵ֣ל בְּעַמִּ֑י לְבִלְתִּ֖י שַׁלְּחָֽם:
If you still tread upon My people: Heb. מִסְתּוֹלֵל, as the Targum [Onkelos] renders: כְּבִישַׁתבֵּיהּ בְּעַמִי. This is an expression of a highway (מְסִלָה) (Num. 20:19), rendered by the Targum אֹרַח כְּבִישָׁא, a trodden road, and in Old French, calcher, to trample underfoot. I already explained at the end of [the section entitled] וַיְהִי מִקֵץ (Gen. 44:16) that in every word of which the first root letter is “sammech,” when used in the “hithpa’el” form, the “tav” of the prefix is placed in the middle of the root letters, such as here, and such as “and the grasshopper will drag itself along (וְיִסְךְתַּבֵל) ” (Eccl. 12:5) from the root סבל “that you rule (תִשְךְתָּרֵר) over us” (Num. 16:13), an expression of a prince (שַֹר) and a ruler; “I looked (מִסְךְתַּכַּל)” (Dan. 7:8). [Actually, the word is מִשְֹתַּכַּל, but the same rule applies for a “sin” as for a “sammech.”] עודך מסתולל בעמי: כתרגומו כבישת ביה בעמי, והוא מגזרת (ישעיהו יא טז) מסלה, דמתרגמינן אורח כבישא, ובלעז קלקיי"ר [לכבוש]. וכבר פירשתי בסוף ויהי מקץ כל תיבה שתחלת יסודה סמ"ך והיא באה לדבר בלשון מתפעל, נותן התי"ו של שמוש באמצע אותיות של עיקר, כגון זו וכגון (קהלת יב ה) ויסתבל החגב, מגזרת סבל, (במדבר טז יג) כי תשתרר עלינו, מגזרת שר ונגיד, (דניאל ז ח) משתכל הוית:
18behold, I am going to rain down at this time tomorrow a very heavy hail, the likes of which has never been in Egypt from the day of its being founded until now. יחהִנְנִ֤י מַמְטִיר֙ כָּעֵ֣ת מָחָ֔ר בָּרָ֖ד כָּבֵ֣ד מְאֹ֑ד אֲשֶׁ֨ר לֹֽא־הָיָ֤ה כָמֹ֨הוּ֙ בְּמִצְרַ֔יִם לְמִן־הַיּ֥וֹם הִוָּֽסְדָ֖ה וְעַד־עָֽתָּה:
at this time tomorrow: [Heb. כָּעֵתמָחָר lit., at the time tomorrow, meaning] at this time tomorrow. He made a scratch on the wall [to demonstrate that] “Tomorrow, when the sun reaches here, the hail will come down.” -[from Tanchuma, Va’era 16] כעת מחר: כעת הזאת למחר, שרט לו שריטה בכותל למחר כשתגיע חמה לכאן ירד הברד:
its being founded: Heb. הִוָּסְדָה, when it was founded (נִסְיַסְּדָה). Every word whose first root letter is “yud,” like יסד to found, ילד, to bear, ידע, to know, [and] יסר, to chastise, when it is used in the passive voice, a “vav” replaces the yud, like “its being founded הִוָסְדָה ” ; “she was born (הִוָלְדָה) ” (Hos. 2:5); “And… became known (וַיִוָדַע) ” (Esther 2: 22); “And to Joseph were born (וַיִוָלֵד) ” (Gen. 46:20); “A slave cannot be chastised ((יִוָּסֶר with words” (Prov. 29: 19). הוסדה: שנתיסדה וכל תיבה שתחלת יסודה יו"ד כגון יסד, ילד, ידע, יסר, כשהיא מתפעלת תבא הוי"ו במקום היו"ד, כמו הוסדה (הושע ב ה) הולדה (אסתר ב כה) ויודע (בראשית מו כ) ויולד ליוסף, בדברים לא יוסר עבד (משלי כט יט):
19And now, send, gather in your livestock and all that you have in the field, any man or beast that is found in the field and not brought into the house the hail shall fall on them, and they will die." ' " יטוְעַתָּ֗ה שְׁלַ֤ח הָעֵז֙ אֶת־מִקְנְךָ֔ וְאֵ֛ת כָּל־אֲשֶׁ֥ר לְךָ֖ בַּשָּׂדֶ֑ה כָּל־הָֽאָדָ֨ם וְהַבְּהֵמָ֜ה אֲשֶׁר־יִמָּצֵ֣א בַשָּׂדֶ֗ה וְלֹ֤א יֵֽאָסֵף֙ הַבַּ֔יְתָה וְיָרַ֧ד עֲלֵהֶ֛ם הַבָּרָ֖ד וָמֵֽתוּ:
send, gather in: Heb. הָעֵז, as the Targum [Onkelos] renders: שְׁלַח כְּנוֹֹש send, gather in. Likewise, “the inhabitants gathered הֵעִיזוּ ” (Isa. 10:31); “Gather (הָעִזוּ) the sons of Benjamin” (Jer. 6:1). שלח העז: כתרגומו שלח כנוש. וכן (ישעיהו י לא) יושבי הגבים העיזו, (ירמיהו ו א) העיזו בני בנימן:
and not brought into the house: Heb. יֵאָסֵף, an expression of bringing in. ולא יאסף הביתה: לשון הכנסה הוא:
20He who feared the word of the Lord of Pharaoh's servants drove his servants and his livestock into the houses. כהַיָּרֵא֙ אֶת־דְּבַ֣ר יְהֹוָ֔ה מֵֽעַבְדֵ֖י פַּרְעֹ֑ה הֵנִ֛יס אֶת־עֲבָדָ֥יו וְאֶת־מִקְנֵ֖הוּ אֶל־הַבָּתִּֽים:
drove: Heb. הֵנִיס, caused to flee, an expression derived from “and fled (וַיָנָס) ” (Exod. 4:3). הניס: הבריח לשון (שמות ד ג) וינס משה:
21But he who did not pay attention to the word of the Lord left his servants and his livestock in the field. כאוַֽאֲשֶׁ֥ר לֹא־שָׂ֛ם לִבּ֖וֹ אֶל־דְּבַ֣ר יְהֹוָ֑ה וַיַּֽעֲזֹ֛ב אֶת־עֲבָדָ֥יו וְאֶת־מִקְנֵ֖הוּ בַּשָּׂדֶֽה:
22The Lord said to Moses, "Stretch forth your hand heavenward, and hail will be upon the entire land of Egypt, upon man and upon beast and upon all the vegetation of the field in the land of Egypt." כבוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־משֶׁ֗ה נְטֵ֤ה אֶת־יָֽדְךָ֙ עַל־הַשָּׁמַ֔יִם וִיהִ֥י בָרָ֖ד בְּכָל־אֶ֣רֶץ מִצְרָ֑יִם עַל־הָֽאָדָ֣ם וְעַל־הַבְּהֵמָ֗ה וְעַ֛ל כָּל־עֵ֥שֶׂב הַשָּׂדֶ֖ה בְּאֶ֥רֶץ מִצְרָֽיִם:
heavenward: Heb. עַל-הַֹשָמַיִם, lit., over the heavens. Toward the heavens. According to the Midrash Aggadah (Tanchuma, Va’era 15), however, [it means that] the Holy One, blessed be He, raised Moses above the heavens. על השמים: לצד השמים, ומדרש אגדה הגביהו הקב"ה למשה למעלה מן השמים:
23So Moses stretched forth his staff heavenward, and the Lord gave forth thunder and hail, and fire came down to the earth, and the Lord rained down hail upon the land of Egypt. כגוַיֵּ֨ט משֶׁ֣ה אֶת־מַטֵּ֘הוּ֘ עַל־הַשָּׁמַ֒יִם֒ וַֽיהֹוָ֗ה נָתַ֤ן קֹלֹת֙ וּבָרָ֔ד וַתִּֽהֲלַךְ־אֵ֖שׁ אָ֑רְצָה וַיַּמְטֵ֧ר יְהֹוָ֛ה בָּרָ֖ד עַל־אֶ֥רֶץ מִצְרָֽיִם:
24And there was hail, and fire flaming within the hail, very heavy, the likes of which had never been throughout the entire land of Egypt since it had become a nation. כדוַיְהִ֣י בָרָ֔ד וְאֵ֕שׁ מִתְלַקַּ֖חַת בְּת֣וֹךְ הַבָּרָ֑ד כָּבֵ֣ד מְאֹ֔ד אֲ֠שֶׁ֠ר לֹֽא־הָיָ֤ה כָמֹ֨הוּ֙ בְּכָל־אֶ֣רֶץ מִצְרַ֔יִם מֵאָ֖ז הָֽיְתָ֥ה לְגֽוֹי:
flaming within the hail: [This was] a miracle within a miracle. The fire and hail intermingled. Although hail is water, to perform the will of their Maker they made peace between themselves [that the hail did not extinguish the fire nor did the fire melt the hail]. — [from Tanchuma, Va’era 14] מתלקחת בתוך הברד: נס בתוך נס, האש והברד מעורבין, והברד מים הוא, ולעשות רצון קונם עשו שלום ביניהם:
25The hail struck throughout the entire land of Egypt, all that was in the field, both man and beast, and the hail struck all the vegetation of the field, and it broke all the trees of the field. כהוַיַּ֨ךְ הַבָּרָ֜ד בְּכָל־אֶ֣רֶץ מִצְרַ֗יִם אֵ֚ת כָּל־אֲשֶׁ֣ר בַּשָּׂדֶ֔ה מֵֽאָדָ֖ם וְעַד־בְּהֵמָ֑ה וְאֵ֨ת כָּל־עֵ֤שֶׂב הַשָּׂדֶה֙ הִכָּ֣ה הַבָּרָ֔ד וְאֶת־כָּל־עֵ֥ץ הַשָּׂדֶ֖ה שִׁבֵּֽר:
26Only in the land of Goshen, where the children of Israel were, there was no hail. כורַ֚ק בְּאֶ֣רֶץ גּ֔שֶׁן אֲשֶׁר־שָׁ֖ם בְּנֵ֣י יִשְׂרָאֵ֑ל לֹ֥א הָיָ֖ה בָּרָֽד:
27So Pharaoh sent and summoned Moses and Aaron and said to them, "I have sinned this time. The Lord is the righteous One, and I and my people are the guilty ones. כזוַיִּשְׁלַ֣ח פַּרְעֹ֗ה וַיִּקְרָא֙ לְמשֶׁ֣ה וּלְאַֽהֲרֹ֔ן וַיֹּ֥אמֶר אֲלֵהֶ֖ם חָטָ֣אתִי הַפָּ֑עַם יְהֹוָה֙ הַצַּדִּ֔יק וַֽאֲנִ֥י וְעַמִּ֖י הָֽרְשָׁעִֽים:
28Entreat the Lord, and let it be enough of God's thunder and hail, and I will let you go, and you shall not continue to stand." כחהַעְתִּ֨ירוּ֙ אֶל־יְהֹוָ֔ה וְרַ֕ב מִֽהְיֹ֛ת קֹלֹ֥ת אֱלֹהִ֖ים וּבָרָ֑ד וַֽאֲשַׁלְּחָ֣ה אֶתְכֶ֔ם וְלֹ֥א תֹֽסִפ֖וּן לַֽעֲמֹֽד:
and let it be enough: It is enough for Him what He has already brought down. — [after Jonathan ben Uzziel] ורב: די לו במה שהוריד כבר:
29And Moses said to him, "When I leave the city, I will spread my hands to the Lord. The thunder will cease, and there will be no more hail, in order that you know that the land is the Lord's. כטוַיֹּ֤אמֶר אֵלָיו֙ משֶׁ֔ה כְּצֵאתִי֙ אֶת־הָעִ֔יר אֶפְרֹ֥שׂ אֶת־כַּפַּ֖י אֶל־יְהֹוָ֑ה הַקֹּל֣וֹת יֶחְדָּל֗וּן וְהַבָּרָד֙ לֹ֣א יִֽהְיֶה־ע֔וֹד לְמַ֣עַן תֵּדַ֔ע כִּ֥י לַֽיהֹוָ֖ה הָאָֽרֶץ:
When I leave the city: Heb. כְּצֵאתִי אֶת-הָעִיר, [equivalent to] מִן-הָעִיר, [lit., when I go out] from the city, but within the city he did not pray, because it was full of idols. — [from Exod. Rabbah 12:5] כצאתי את העיר: מן העיר, אבל בתוך העיר לא התפלל, לפי שהיתה מלאה גלולים:
30But you and your servants I know that you still do not fear the Lord God, לוְאַתָּ֖ה וַֽעֲבָדֶ֑יךָ יָדַ֕עְתִּי כִּ֚י טֶ֣רֶם תִּֽירְא֔וּן מִפְּנֵ֖י יְהֹוָ֥ה אֱלֹהִֽים:
you still do not fear: Heb. טֶרֶם ךְתִּירְאוּן, you do not yet fear, and so every [instance of] טֶרֶם in the Scriptures means “not yet,” and it is not a term meaning “before.” [This is] like טֶרֶם יִֹשְכָּבוּ, [which Onkelos renders:] עַד לֹא שְׁכִיבוּ, “They had not yet retired” (Gen. 19:4); טֶרֶם יִצְמָח, [which Onkelos renders:] עַד לֹא צְמָח, “neither did…yet grow” (Gen. 2:5). This too means the same. [I.e.,] I know that you still do not fear [God], and as soon as relief comes, you will continue in your corruption. — [from Onkelos] טרם תיראון: עדין לא תיראון. וכן כל טרם שבמקרא עדיין לא הוא, ואינו לשון קודם, כמו (בראשית יט ד) טרם ישכבו, עד לא שכיבו (שם ב ה) טרם יצמח, עד לא צמח, אף זה כן הוא ידעתי כי עדיין אינכם יראים ומשתהיה הרוחה תעמדו בקלקולכם:
31though the flax and the barley have been broken, for the barley is in the ear, and the flax is in the stalk. לאוְהַפִּשְׁתָּ֥ה וְהַשְּׂעֹרָ֖ה נֻכָּ֑תָה כִּ֤י הַשְּׂעֹרָה֙ אָבִ֔יב וְהַפִּשְׁתָּ֖ה גִּבְעֹֽל:
though the flax and the barley have been broken: Heb. נֻכָּתָה, has been broken, an expression similar to “Pharaoh-Neco (פַּרְעֹה נְכֹה) ” [the lame Pharaoh] (II Kings 23: 29); “broken-hearted (נְכָאִים) ” (Isa. 16:7); and likewise, “have not been broken (נֵכּוּ)” (below, verse 32). It is incorrect to interpret it as an expression of smiting (הַכָּאָה), because a “nun” does not come in place of a “hey,” that נֻכָּתָה should be explained like הֻכָּתָה, smitten, and נֻכּוּ like הֻכּוּ, smitten. The “nun” is, however, a root letter in the word, and it is of the same form as “and his bones are dislocated (ֹשֻפּוּ) ” (Job 33:21). והפשתה והשערה נכתה: נשברה לשון (מלכים ב כג כט) פרעה נכה, (ישעיהו טז ז) נכאים, וכן (פסוק לב) לא נכו. ולא יתכן לפרשו לשון הכאה, שאין נו"ן במקום ה"א לפרש נכתה כמו הוכתה, נכו כמו הכו, אלא הנו"ן שורש בתיבה והרי הוא מגזרת (איוב לג כא) ושפו עצמותיו:
for the barley is in the ear: It has already ripened and is standing in its stalks, and they have been broken and have fallen. Likewise, the flax has already grown and has become hardened [enough] to stand in its stalks. כי השערה אביב: כבר ביכרה ועומדת בקשיה ונשתברו ונפלו. וכן הפשתה גדלה כבר והוקשה לעמוד בגבעוליה:
the barley is in the ear: Heb. אָבִיב, it has stood in its stalks, an expression like “the green plants of (בְּאִבֵּי) the valley ” (Song of Songs 6:11). השעורה אביב: עמדה באביה, לשון (שיר השירים ו יא) באבי הנחל:
32The wheat and the spelt, however, have not been broken because they ripen late." לבוְהַֽחִטָּ֥ה וְהַכֻּסֶּ֖מֶת לֹ֣א נֻכּ֑וּ כִּ֥י אֲפִילֹ֖ת הֵֽנָּה:
because they ripen late: Heb. אִפִילֹת, late, and they were still tender and were able to withstand the hard [hail]. Although it says: “and the hail struck all the vegetation of the field” (verse 25), the simple meaning of the verse may be explained as referring to the herbs that were standing in their stalks, which could be smitten by the hail. In the Midrash of Rabbi Tanchuma (Va’era 16), some of our Rabbis differed with this and interpreted כִּי אִפִילֹת to mean that “wonders of wonders (פִּלְאֵי פְלָאוֹת) ” were wrought for them, that they were not smitten. כי אפילת הנה: מאוחרות, ועדיין היו רכות ויכולות לעמוד בפני קשה. ואף על פי שנאמר (פסוק כה) ואת כל עשב השדה הכה הברד יש לפרש פשוטו של מקרא בעשבים העומדים בקלחם הראויים ללקות בברד. ובמדרש רבי תנחומא יש מרבותינו שנחלקו על זאת ודרשו כי אפילות פלאי פלאות נעשו להם, שלא לקו:
33Moses went away from Pharaoh, out of the city, and he spread out his hands to the Lord, and the thunder and the hail ceased, and rain did not come down to earth. לגוַיֵּצֵ֨א משֶׁ֜ה מֵעִ֤ם פַּרְעֹה֙ אֶת־הָעִ֔יר וַיִּפְרֹ֥שׂ כַּפָּ֖יו אֶל־יְהֹוָ֑ה וַיַּחְדְּל֤וּ הַקֹּלוֹת֙ וְהַבָּרָ֔ד וּמָטָ֖ר לֹֽא־נִתַּ֥ךְ אָֽרְצָה:
did not come down: Heb. לֹא נִךְתַּ, did not reach. Even those [hailstones] that were in the air did not reach the ground. Similarly: וַךְתִּךְתַּ עָלֵינוּ, “the curse and the oath” of Ezra (sic) (Dan. 9:11), [which means they] have befallen us. Menachem (Machbereth Menachem, p. 184), however, classified it (נִךְתַּ) in the group headed by “As silver is melted (כְּהִךְתּוּ) ” (Ezek. 22:22), an expression of pouring [molten] metal, and I approve of his words, as the Targum renders וַיִצֹק (Exod. 38:5) as וְאַךְתִּי, “And he cast,” [and], לָדֶקֶת (Exod. 38:27) as לְאַךְתָּכָא, “to cast.” This too, לֹא נִךְתַּ אָרְצָה, means: was not poured to earth. לא נתך: לא הגיע, ואף אותן שהיו באויר לא הגיעו לארץ, ודומה לו (דניאל ט יא) ותתך עלינו האלה והשבועה, דעזרא, ותגיע עלינו. ומנחם בן סרוק חברו בחלק (יחזקאל כב כב) כהתוך כסף, לשון יציקת מתכת, ורואה אני את דבריו, כתרגומו ויצק (שמות לח ה) ואתיך, (שם כז) לצקת לאתכא, אף זה לא נתך לארץ לא הוצק לארץ:
34And Pharaoh saw that the rain, the hail, and the thunder had ceased; so he continued to sin, and he strengthened his heart, he and his servants. לדוַיַּ֣רְא פַּרְעֹ֗ה כִּֽי־חָדַ֨ל הַמָּטָ֧ר וְהַבָּרָ֛ד וְהַקֹּלֹ֖ת וַיֹּ֣סֶף לַֽחֲטֹ֑א וַיַּכְבֵּ֥ד לִבּ֖וֹ ה֥וּא וַֽעֲבָדָֽיו:
35And Pharaoh's heart was hardened, and he did not let the children of Israel go out, as the Lord had spoken through the hand of Moses. להוַיֶּֽחֱזַק֙ לֵ֣ב פַּרְעֹ֔ה וְלֹ֥א שִׁלַּ֖ח אֶת־בְּנֵ֣י יִשְׂרָאֵ֑ל כַּֽאֲשֶׁ֛ר דִּבֶּ֥ר יְהֹוָ֖ה בְּיַד־משֶֽׁה:
• Daily Tehillim: Psalms Chapters 1 - 9
• Chapter 1
This psalm inspires man to study Torah and avoid sin. One who follows this path is assured of success in all his deeds, whereas the plight of the wicked is the reverse.
1. Fortunate is the man that has not walked in the counsel of the wicked, nor stood in the path of sinners, nor sat in the company of scoffers.
2. Rather, his desire is in the Torah of the Lord, and in His Torah he meditates day and night.
3. He shall be like a tree planted by streams of water, that yields its fruit in its season, and whose leaf does not wither; and all that he does shall prosper.
4. Not so the wicked; rather, they are like the chaff that the wind drives away.
5. Therefore the wicked will not endure in judgement, nor sinners in the assembly of the righteous.
6. For the Lord minds the way of the righteous, but the way of the wicked will perish.
Chapter 2
This psalm warns against trying to outwit the ways of God. It also instructs one who has reason to rejoice, to tremble—lest his sins cause his joy to be overturned.
1. Why do nations gather, and peoples speak futility?
2. The kings of the earth rise up, and rulers conspire together, against the Lord and against His anointed:
3. “Let us sever their cords, and cast their ropes from upon us!”
4. He Who sits in heaven laughs, my Master mocks them.
5. Then He speaks to them in His anger, and terrifies them in His wrath:
6. “It is I Who have anointed My king, upon Zion, My holy mountain.”
7. I am obliged to declare: The Lord said to me, “You are my son, I have this day begotten you.1
8. Ask of Me, and I will make the nations your inheritance, and the ends of the earth your possession.
9. Smash them with a rod of iron, shatter them like a potter’s vessel.”
10. Now be wise, you kings; be disciplined, you rulers of the earth.
11. Serve the Lord with awe, and rejoice with trembling.
12. Yearn for purity—lest He become angry and your path be doomed, if his anger flares for even a moment. Fortunate are all who put their trust in Him
FOOTNOTES
1.The day David was crowned. (Rashi)
Chapter 3
When punishment befalls man, let him not be upset by his chastisement, for perhaps--considering his sins—he is deserving of worse, and God is in fact dealing kindly with him.
1. A psalm by David, when he fled from Absalom his son.
2. Lord, how numerous are my oppressors; many rise up against me!
3. Many say of my soul, “There is no salvation for him from God—ever!”
4. But You, Lord, are a shield for me, my glory, the One Who raises my head.
5. With my voice I call to the Lord, and He answers me from His holy mountain, Selah.
6. I lie down and sleep; I awake, for the Lord sustains me.
7. I do not fear the myriads of people that have aligned themselves all around me.
8. Arise, O Lord, deliver me, my God. For You struck all my enemies on the cheek, You smashed the teeth of the wicked.
9. Deliverance is the Lord’s; may Your blessing be upon Your people forever
Chapter 4
This psalm exhorts man not to shame his fellow, and to neither speak nor listen to gossip and slander. Envy not the prosperity of the wicked in this world, rather rejoice and say: “If it is so for those who anger Him . . . [how much better it will be for those who serve Him!”]
1. For the Conductor, with instrumental music, a psalm by David.
2. Answer me when I call, O God [Who knows] my righteousness. You have relieved me in my distress; be gracious to me and hear my prayer.
3. Sons of men, how long will you turn my honor to shame, will you love vanity, and endlessly seek falsehood?
4. Know that the Lord has set apart His devout one; the Lord will hear when I call to Him.
5. Tremble and do not sin; reflect in your hearts upon your beds, and be silent forever.
6. Offer sacrifices in righteousness, and trust in the Lord.
7. Many say: “Who will show us good?” Raise the light of Your countenance upon us, O Lord.
8. You put joy in my heart, greater than [their joy] when their grain and wine abound.
9. In peace and harmony I will lie down and sleep, for You, Lord, will make me dwell alone, in security.
Chapter 5
A prayer for every individual, requesting that the wicked perish for their deeds, and the righteous rejoice for their good deeds.
1. For the Conductor, on the nechilot,1 a psalm by David.
2. Give ear to my words, O Lord, consider my thoughts.
3. Listen to the voice of my cry, my King and my God, for to You I pray.
4. Lord, hear my voice in the morning; in the morning I set [my prayers] before you and hope.
5. For You are not a God Who desires wickedness; evil does not abide with You.
6. The boastful cannot stand before Your eyes; You hate all evildoers.
7. You destroy the speakers of falsehood; the Lord despises the man of blood and deceit.
8. And I, through Your abundant kindness, come into Your house; I bow toward Your holy Sanctuary, in awe of You.
9. Lead me, O Lord, in Your righteousness, because of my watchful enemies; straighten Your path before me.
10. For there is no sincerity in their mouths, their heart is treacherous; their throat is an open grave, [though] their tongue flatters.
11. Find them guilty, O God, let them fall by their schemes; banish them for their many sins, for they have rebelled against You.
12. But all who trust in You will rejoice, they will sing joyously forever; You will shelter them, and those who love Your Name will exult in You.
13. For You, Lord, will bless the righteous one; You will envelop him with favor as with a shield.
FOOTNOTES
1.A musical instrument that sounded like the buzzing of bees (Metzudot).
Chapter 6
This is an awe-inspiring prayer for one who is ill, to pray that God heal him, body and soul. An ailing person who offers this prayer devoutly and with a broken heart is assured that God will accept his prayer.
1. For the Conductor, with instrumental music for the eight-stringed harp, a psalm by David.
2. Lord, do not punish me in Your anger, nor chastise me in Your wrath.
3. Be gracious to me, O Lord, for I languish away; heal me, O Lord, for my bones tremble in fear.
4. My soul is panic-stricken; and You, O Lord, how long [before You help]?
5. Relent, O Lord, deliver my soul; save me for the sake of Your kindness.
6. For there is no remembrance of You in death; who will praise You in the grave?
7. I am weary from sighing; each night I drench my bed, I melt my couch with my tears.
8. My eye has grown dim from vexation, worn out by all my oppressors.
9. Depart from me, all you evildoers, for the Lord has heard the sound of my weeping.
10. The Lord has heard my supplication; the Lord accepts my prayer.
11. All my enemies will be shamed and utterly terrified; they will then repent and be shamed for a moment.1
FOOTNOTES
1.Only for a moment will they be shamed, because I will forgive them and never again mention their deeds (Metzudot).
Chapter 7
Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.
1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion, crushing me with none to rescue.
4. Lord, my God, if I have done this, if there is wrongdoing in my hands;
5. if I have rewarded my friends with evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.
7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.
8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.
10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He Who saves the upright of heart.
12. God is the righteous judge, and the Almighty is angered every day.
13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to fall into the trap he laid.
17. His mischief will return upon his own head, his violence will come down upon his own skull.
18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High
FOOTNOTES
1.This refers either to a musical instrument, or to a mistake committed by David, in recognition of which this psalm was written (Rashi).
Chapter 8
This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a psalm by David.
2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2
4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember him, son of man that You should be mindful of him?
6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the beasts of the field;
9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your Name throughout the earth.
FOOTNOTES
1.A musical instrument crafted in Gath (Metzudot).
2.The wonders of childbirth and nursing demonstrate God’s existence to non-believers (Metzudot).
Chapter 9
One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of Labben, a psalm by David.
2. I will thank the Lord with all my heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I will sing to Your Name, O Most High.
4. When my enemies retreat, they will stumble and perish from before You.
5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked, erased their name for all eternity.
7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He established His throne for judgement.
9. And He will judge the world with justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.
13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,
15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that they made; in the net they concealed their foot was caught.
17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.
18. The wicked will return to the grave, all the nations that forget God.
19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.
Tanya: Likutei Amarim, end of Chapter 18
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 1 Shevat, 5777 · 28 January 2017
• Likutei Amarim, end of Chapter 18
• הנה החכמה היא מקור השכל וההבנה
Now Chochmah which, as explained in ch. 3, is the initial flash of intellect, the nebulous, seminal glimmer of an idea, is the source of intelligence and comprehension which first begin to emerge in the faculty of Binah, for, as explained there, Binah represents the ability to grasp an idea in all its details and ramifications;
והיא למעלה מהבינה, שהוא הבנת השכל והשגתו
it is higher than Binah, which is the faculty of understanding an idea and grasping it.
והחכמה היא למעלה מההבנה וההשגה, והיא מקור להן
So that in its relation to the soul’s lower faculties, this single level ofChochmah comprises two opposite aspects: On one hand Chochmah is above comprehension and understanding — thus it transcends the lower faculties of the soul, and it is this aspect of Chochmah which enables it to be the recipient of the light of the Ein Sof, as will soon be explained; while on the other hand Chochmah is the source of intelligence and comprehensionand is thus connected to the lower faculties.
It is this latter aspect of Chochmah which enables it to suffuse the entire soul (as stated earlier), and, in its active state, to affect even one’s thought, speech and action (which are even lower than the soul’s lowest faculties, being merely the “garments”, the organs of expression, for the soul), as will be stated further, in ch. 19.
וזהו לשון חכמה כ״ח מ״ה, שהוא מה שאינו מושג ומובן ואינו נתפס בהשגה עדיין
The etymological composition of the word Chochmah indicates this dual nature. Chochmah contains two words: כ׳׳ח מ׳׳ה — “the faculty of the unknown.” (Literally, מה means “What?” — as one would ask of something he cannot comprehend, “What is it?”) Hence, while it is an intellectual faculty (and thus related to the other, lower faculties, yet it is a faculty which cannot as yet be comprehended or grasped by the intellect, and is therefore also above and beyond the others.1
ולכן מתלבש בה אור אין סוף ברוך הוא, דלית מחשבה תפיסא ביה כלל
For this reason, the light of the Ein Sof, blessed be He, who can in no way be comprehended by any thought, is vested in Chochmah.
Those faculties whose functions are intelligence and comprehension cannot serve as receptacles for the light of the Ein Sof, for knowledge cannot grasp the unknowable. Only Chochmah, which itself is higher than comprehension, can receive this light.
ולכן כל ישראל אפילו הנשים ועמי הארץ הם מאמינים בה׳, שהאמונה היא למעלה מן הדעת וההשגה
Hence all Jews, even the women and the illiterate, who have no knowledge of G‑d’s greatness, believe in G‑d, since faith is beyond understanding and comprehension; i.e., faith represents the ability to grasp that which the intellect cannot.
כי פתי יאמין לכל דבר, וערום יבין וגו׳
For, as Scripture states:2 “The fool believes everything, but the clever man understands.”
That is, the fool, lacking understanding, grasps every subject through the medium of faith, while the clever man’s grasp is based on reason. However, this derogation of the fool for approaching every idea with faith, can apply only where the subject of his belief is within the grasp of reason. In this case, the basis for his faith is his own lack of understanding, and he is therefore called a fool. When dealing with G‑dliness, however, which is essentially beyond comprehension, there is no other approach, as the Alter Rebbe goes on to say:
ולגבי הקב״ה, שהוא למעלה מן השכל והדעת, ולית מחשבה תפיסא ביה כלל, הכל כפתיים אצלו יתברך
In relation to the Almighty, Who is beyond intelligence and knowledge, and Who can in no way be comprehended by any thought — all men are like fools before Him, and they can therefore grasp Him only through faith.
כדכתיב: ואני בער ולא אדע, בהמות הייתי עמך, ואני תמיד עמך וגו׳
As it is written,3 “I am foolish and ignorant, I am as a beast before You — and I am constantly with You…,”
כלומר שבזה שאני בער ובהמות, אני תמיד עמך
meaning that “because I approach You as a fool and a beast — i.e., through the irrational power of faith — precisely therefore and thereby am I constantly with You.”
ולכן אפילו קל שבקלים ופושעי ישראל מוסרים נפשם על קדושת ה׳ על הרוב, וסובלים עינוים קשים, שלא לכפור בה׳ אחד
Therefore, as a rule, even the most worthless of the worthless and the sinners among Israel sacrifice their lives for the sanctity of G‑d’s Name and suffer harsh torture rather than deny G‑d’s unity,
ואף אם הם בורים ועמי הארץ ואין יודעים גדולת ה׳
even if they be boors and illiterates who are ignorant of G‑d’s greatness.
וגם במעט שיודעים אין מתבוננים כלל, ואין מוסרים נפשם מחמת דעת והתבוננות בה׳ כלל
Even the little knowledge that they do possess is not what motivates them, for they do not delve into it at all; so that by no means does their self-sacrifice result from any knowledge or contemplation of G‑d.
אלא בלי שום דעת והתבוננות, רק כאלו הוא דבר שאי אפשר כלל לכפור בה׳ אחד
Rather, they are prepared to sacrifice their lives without any knowledge or reflection, but as though it were absolutely impossible to renounce the one G‑d,
בלי שום טעם וטענה ומענה כלל
without any reason or rational argument whatsoever.
Were their readiness to face martyrdom intellectually motivated, the benefits and costs of the act would first be carefully weighed. But in fact we see that the decision to sacrifice oneself is not based on such rational arguments, stemming instead from a non-intellectual resolve that it is simply impossible to do otherwise.
והיינו משום שה׳ אחד מאיר ומחיה כל הנפש
This is so because the one G‑d illuminates and animates the entire soul,
על ידי התלבשותו בבחינת חכמה שבה, שהיא למעלה מן הדעת והשכל המושג ומובן
through being clothed in its faculty of Chochmah, which is beyond any graspable knowledge or intelligence.
Since the light of the Ein Sof is vested in every Jew’s soul, everyone, regardless of his level of knowledge, is prepared to sacrifice his life for his faith in G‑d.
——— ● ———
FOOTNOTES
1.
Our interpretation of the foregoing passage follows a comment by the Rebbe where the Rebbe dismisses the notion that the Alter Rebbe speaks here of two sub-levels within Chochmah. The Rebbe maintains that neither the context nor the wording permit such an interpretation.
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Negative Commandment 181 (Digest)
• The Injured Animal
"You shall not eat any meat that is torn in the field"—Exodus 22:30.
It is forbidden to consume the flesh of an animal that has been attacked by another animal and sustained life-threatening injuries, or an animal that has sustained such injuries in another manner, even if it has been ritually slaughtered.
The fact that the Torah employs the words "in the field" when issuing this prohibition teaches us that certain other meats that have "left their natural borders" are also forbidden. This includes flesh of a sacrifice that has left its confines (e.g., the flesh of a "holy of holies" sacrifice that left the Temple Courtyard), and the fetus that has extended an arm [or leg outside his mother's womb and then its mother was slaughtered before it was born—this limb is forever forbidden for consumption].
This prohibition also includes any flesh torn from a living animal.
• The Injured Animal
The 181st prohibition is that we are forbidden from eating [meat from] an animal which is treifa.
The source of this prohibition is G‑d's statement,1 "Do not eat flesh torn off (treifa) in the field."
The simple meaning of this verse2 is as explained in the Mechilta, "The verse just speaks of the most common case, [a field being] the place where most animals are torn."
But in the Oral Tradition3 has an additional explanation of this verse: "Flesh in the field is treifa, therefore do not eat it." This means that once the flesh is moved outside its proper place, it is considered to be treifa. Examples of this are meat from kodshei kodshim which was taken outside the Temple courtyard; or meat from kodshim kalim which was taken outside the wall [of Yerushalayim]; or meat from the Pesach offering which was taken away from where its group was; or if a fetus stuck its hand out [of the womb], as explained in the fourth chapter of Chulin. In all these cases the meat is called treifa, and one who eats a kezayis of their flesh receives lashes by Torah law.
Flesh which was taken from a live animal is also considered to be treifa, and one who eats it is punished by lashes. Our Sages said in Gemara Chulin,4 "The verse, 'Do not eat flesh torn off (treifa) in the field,' refers to flesh from a live animal and flesh from a treifa.
This mitzvah, as well as the previous one [regarding neveilah], is repeated with regard to kohanim. This is in G‑d's statement to the kohanim,5 "He shall not eat a neveilah or a treifa, since it will defile him." The reason for the repetition is because they are commanded to eat from a bird which was brought as a sin offering, which is prepared with melikah.6 Melikah, when performed on a non-sanctified bird is undoubtedly neveilah, not valid slaughter. We might think that therefore they are permitted to eat even non-sanctified animals prepared through melikah, as well as any other invalid slaughter. Therefore [the verse] explains that they are included among all other Jews regarding the prohibition of eating neveilah and treifa. This is the explanation given by our Sages, in addition to another law derived from this verse, which we don't need to discuss in the present work.
However, a beheimah or chaya which develops one of the invalidating conditions (treifos) which are derived through the principles of Torah interpretation may not be eaten even if it is slaughtered properly. One who slaughters it in a kosher manner and eats from its flesh receives lashes by Rabbinic decree. The various types of treifos are explained in the third chapter of Chulin. The nine7 previous mitzvos are explained in that same chapter, as well as the last chapter of Makos and the first chapter of B'choros.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Ex. 22:30.
2.Particularly why it mentions a field.
3.Chulin 68a.
4.102b.
5.Lev. 22:8.
6.Cutting through the back of the neck with a thumbnail. See N112.
7.N172-N181.
• Negative Commandment 182 (Digest)
• The Limb of a Living Animal
"And you may not eat the life with the meat"—Deuteronomy 12:23.
It is forbidden to eat a complete limb removed from a living animal.
• The Limb of a Living Animal
The 182nd prohibition is that we are forbidden from eating the limb of a living animal. This applies when the limb was cut from the animal while it was still alive, and one eats a kezayis from the limb as it was in its original form.1 Even if there was only a minute amount of actual flesh, one who eats [a kezayis] is punished by lashes.
The source of this prohibition is G‑d's statement,2 "Do not eat flesh with life in it."
The Sifri says, "The verse, 'Do not eat flesh with life in it,' refers to the limb of a live animal. The same explanation is given in Gemara Chulin,3 where our Sages said, "One who eats the limb of a live animal and the flesh of a live animal receives two sets of lashes." This is because there are two prohibitions: the first being the prohibition regarding a limb, "Do not eat flesh with life in it," and the second, the prohibition of eating the flesh of a live animal, "Do not eat flesh torn off (treifa) in the field," as explained previously.4
This same prohibition is repeated in other words in G‑d's statement5 to Noah prohibiting the limb of a live animal, "But you may not eat flesh of a creature that is still alive."
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.I.e. including the bones, sinews, etc. In most mitzvos, the Biblical prohibition is transgressed only when a kezayis of the flesh is eaten, excluding bones, etc. Here, since the limb is complete, everything is included in the kezayis.
2.Deut. 12:23.
3.102b.
4.N181.
5.Gen. 9:4.
• Negative Commandment 184 (Digest)
• Consuming Blood
"You shall not eat any blood"—Leviticus 7:26.
It is forbidden to consume [a kosher mammal or bird's] blood. This prohibition is repeated several times in the Torah.
• Consuming Blood
The 184th prohibition is that we are forbidden from eating blood.
The source of this prohibition is G‑d's statement,1 "Do not eat any blood." This prohibition is repeated in Torah many times. It explains that one who transgresses intentionally receives kares, as it is written,2 "Whoever eats it shall receive kares." If it was transgressed accidentally, the person must bring a chatos offering.3
The details of this mitzvah are explained in the fifth chapter of tractate Krisus.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 7:26.
2.Ibid. 17:14
3.See P69.
• Negative Commandment 185 (Digest)
• Forbidden Fats
"You shall eat no fat of an ox, sheep, or goat"—Leviticus 7:23.
It is forbidden to consume [certain] fats [that were offered on the Temple Altar] of kosher domesticated animals.
• Forbidden Fats
The 185th prohibition is that we are forbidden from eating the fats of a kosher animal.1
The source of this prohibition is G‑d's statement,2 "Do not eat any of the hard fat in an ox, sheep or goat."
This prohibition is also repeated and the punishment of kares explicitly stated.3 This applies if he transgressed intentionally, but it was accidental, he must bring a chatos offering.
The details of this mitzvah are explained in the 7th chapter of tractate Chulin.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.The fat of a nonkosher animal is already forbidden just as the flesh is.
2.Lev. 7:23.
3.Ibid. 7:25.
• Negative Commandment 183 (Digest)
• The Sciatic Nerve
"Therefore the children of Israel shall not eat the sciatic nerve"—Genesis 32:33.
It is forbidden to consume an animal's sciatic nerve.
• The Sciatic Nerve
The 183rd prohibition is that we are forbidden from eating the sciatic nerve (gid ha'nasheh).
The source of this prohibition is G‑d's statement,1 "The Jewish people therefore do not eat the sciatic nerve to this very day."
One who eats the entire nerve, even if it is minute in size, or one who eats a kezayis [even if it is not the entire nerve] receives lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Gen. 32:33.
• Rambam - 1 Chapter: Rotzeach uShmirat Nefesh Rotzeach uShmirat Nefesh - Chapter Three
• Rotzeach uShmirat Nefesh - Chapter Three
1
The following rule applies when a person strikes a colleague intentionally with a stone or a piece of wood and causes his death. We assess the object with which he was struck, and the place where he was struck, and determine whether or not it is likely that such an article would cause death when used to give a blow in such a place.
This is implied by Numbers 35:17-18, which states: "If he struck him with a fist-sized stone that could cause death... or if he struck him with a fist-sized wooden article that could cause death." "That could cause death" teaches that the murder weapon must be such that would likely cause him to die.
Striking a person on his heart cannot be compared to striking him on his thigh.
א
המכה את חבירו בזדון באבן או בעץ והמיתו. אומדין דבר שהכהו בו ומקום שהכה עליו. אם ראוי אותו חפץ להמית באבר זה או אינו ראוי. שנאמר באבן יד אשר ימות בה הכהו או בכלי עץ אשר ימות בו הכהו. עד שיהיה בו כדי להמית. ואינו דומה מכהו על לבו למכהו על ירכו:
2
Since the verse states "That could cause death," this phrase also implies that we assess the place where the victim was struck.
Just as we assess the object with which he was struck, and the place where he was struck, we also assess the force of the blow. This is implied by the phrase (Ibid.): "a fist-sized stone," from which we infer that we evaluate the force of the hand. For one cannot compare a person who throws a stone at his colleague from a distance of two cubits to one who throws a stone from a distance of ten cubits. At ten cubits, the stone will have more force. Nor can one compare a person who throws a stone at his colleague from a distance of ten cubits to one who throws a stone from a distance of 100 cubits. For over an extended distance, the force of the blow will be diminished.
ב
הואיל ונאמר אשר ימות בה מכאן שאומדין מקום המכה. וכשם שאומדין החפץ שהכה בו ומקום המכה. כך אומדין כח ההכאה שנאמר באבן יד מכאן שמשערין את היד. אינו דומה זורק אבן בחבירו בריחוק שתי אמות לזורק בו בריחוק עשר שבריחוק עשר יהיה כחה יתר. ואינו דומה זורק בריחוק עשר לזורק בריחוק מאה שבריחוק המקום ביותר יתמעט כח ההכאה:
3
Similarly, the blow itself and the power of the killer and the victim should be assessed: Is he large or small? Is he strong or weak? Is he healthy or sickly? These and all similar questions should be investigated. This is all implied by the phrase: "That could cause death." It teaches that all the factors involved in the person's death should be assessed.
ג
וכן משערין המכה עצמה ומשערין כח ההורג וכח הנהרג. אם הוא גדול או קטן או חזק או חלש או בריא או חולה וכן כל כיוצא בזה. שנאמר אשר ימות בה מיתתו של זה משערין כל סבותיה:
4
The Torah did not mention a minimum size with regard to an iron object, as Numbers 35:16 states: "If he struck him with an iron utensil and he dies, he is a murderer." This applies even to a needle, provided the object is pointed like a needle, a spit, a knife or the like.
If, however, a person strikes a colleague with a hunk of metal or the like, we evaluate the blow as we would evaluate it if it had been dealt with a piece of wood or a stone.
ד
כלי ברזל לא נתנה בה תורה שיעור. שנאמר ואם בכלי ברזל הכהו וימות רוצח הוא ואפילו ג במחט. והוא שיהיה לו חוד כמו מחט או שפוד או סכין וכיוצא בהן. אבל אם הכהו בעשת של ברזל וכיוצא בה אומדין אותה כדרך שאומדין העץ או האבן:
5
When a person strikes a colleague without an object and kills him - e.g., he strikes him with his hand or foot or butts him with his head and kills him - we should assess the force of the blow, the strength of the victim and the place where the blow was given. One cannot compare a person poking at a colleague with his finger to one who kicks his colleague with all his strength. Nor can one compare a blow given on the heart to a blow given in the groin. Nor can one compare a weak person who strikes a healthy, strong person to a healthy, strong person who strikes a weak or sickly person.
ה
המכה את חבירו בלא כלי והמיתו. כגון שהכהו בידו או ברגלו או נגפו בראשו והמיתו משערין כח המכה וכח הנהרג ומקום המכה. אינו דומה דוחף חבירו באצבעו לבועט בו ברגלו בכל כחו. ואינו דומה מכהו על לבו למכהו על מתניו. ואינו דומה חלש המכה את הבריא החזק לבריא חזק המכה חלש או חולה:
6
What is the source that teaches that an assessment must be made in such an instance? Numbers 35:21 states: "Or if he maliciously strikes him with his hand and he dies, the one who strikes him shall certainly die." Although it mentions "with his hand," the verse also states that the blow must be given "maliciously." Implied is that we assess the force of the blow.
ו
ומנין שמשערין בכל אלו שנאמר או באיבה הכהו בידו וימות מות יומת המכה. אף על פי שנאמר בידו הצריך הכתוב להיות ההכאה באיבה מכלל שמשערין כח ההכאה:
7
Similarly, when a person pushes a colleague from a rooftop, causing him to fall and die, we assess the height of the place from which he pushed him and the strength of the person who was pushed. For an infant who fell cannot be compared to an adult who fell.
What is the source that teaches that we must assess the height from which the victim fell? Numbers 35:20 states: "If he pushes him down with hatred."
It appears to me that any place that is not more than ten handbreadths high is not considered of sufficient height to kill, as explained with regard to an animal that fell into a cistern.
ז
וכן הדוחף את חבירו מראש הגג ונפל ומת משערין גובה המקום שהפילו מעליו וכח הנדחף. שאינו דומה בן יומו שנפל לגדול שנפל. ומנין [א] שמשערין גובה המקום. שנאמר ואם בשנאה יהדפנו. ויראה לי א שכל מקום שאין בגובהו עשרה טפחים אין בו כדי להמית כמו שאמרו בבור לענין בהמה:
8
The same laws apply if a person strikes a colleague with a stone, a block of wood, a clod of earth, a block of salt or sulfur, or a basket full of dust or pebbles, or even if he strikes him with a cake of dried figs. This is implied by the phrase "That could cause death" - i.e., anything that may cause death. And it is the weight of the object that makes it fit to cause death.
ח
אחד המכה את חבירו באבן או בעץ. או שהכהו בגוש עפר או בגוש מלח וגפרית או בסל מלא עפר או צרורות ואפילו בפלח דבילה. שנאמר אשר ימות בה כל שהוא ראוי להמית והכובד הוא שממית:
9
When a person pushes a colleague into water or into a fire, an assessment should be made. If the person could ascend, the one who pushed him is not liable for execution. If he could not ascend, the one who pushed him is liable.
Similarly, if one held a colleague in water or in fire until he did not have any strength to ascend, and the colleague died, the one who held him is liable, even if he did not push him there at the outset.
Similarly, a person is liable for execution in all of the following instances: he held his hand over a colleague's mouth and nose until he left him in his death throes, unable to live; he bound a colleague and left him in the sun or the cold until he died; he built an airtight construction over him that prevented air from coming in; he placed a colleague in a house or a cave and filled it with smoke until he died; or he placed a colleague in an airtight marble building and lit a candle, causing the colleague to die because of the lack of air. In all of these instances, the person who caused the victim's death is executed; it is as if he had strangled him by hand.
ט
הדוחף את חבירו לתוך המים או לתוך האש אומדין אותו אם יכול לעלות משם פטור ממיתת בית דין ואם לאו חייב. וכן אם כבש עליו [בתוך המים או] בתוך האש עד שלא נשאר בו כח לעלות ומת חייב. אע"פ שאינו הוא הדוחף בתחילה. והוא הדין למניח ידו על פי חבירו וחוטמו עד שהניחו מפרפר ואינו יכול לחיות. או שכפתו והניחו בצנה או בחמה עד שמת. או שבנה עליו מקום עד שמנע ממנו הרוח. או שהכניסו למערה או לבית ועישן עליו עד שמת. או שהכניסו לבית של שיש והדליק עליו נר עד שהמיתו ההבל. בכל אלו נהרג עליו שזה כמו שחנקו בידו:
10
Different rules apply, however, in the following instances: A person binds a colleague and leaves him to starve to death; he binds him and leaves him in a place that will ultimately cause him to be subjected to cold or heat, and these influences indeed come and kill the victim; he covers him with a barrel; he uncovers the roof of the building where he was staying; or he causes a snake to bite him. Needless to say, a distinction is made if a colleague dispatches a dog or a snake at a colleague. In all the above instances, the person is not executed. He is, nevertheless, considered to be a murderer, and "the One who seeks vengeance for bloodshed" will seek vengeance for the blood he shed.
י
אבל הכופת את חבירו והניחו ברעב עד שמת. או שכפתו והניחו במקום שסוף הצנה או החמה לבוא לשם ובאה והמיתתו. או שכפה עליו גיגית. או שפרע עליו את המעזיבה. או שהשיך עליו את הנחש. ואין צריך לומר אם שסה בו כלב או נחש. בכל אלו אין ממיתין אותו והרי הוא רוצח. ודורש דמים דורש ממנו דם:
11
Similarly execution is not required in the following instances. A person pushed his colleague into a cistern and there was a ladder that he could have used to climb out, or he shot an arrow at him, but he was holding a shield with which he could protect himself - and another person came and took away the ladder or the shield. Neither of the two is executed by the court.
Moreover, even if the person who pushed the victim is himself the one who takes away the ladder, he is not liable for execution. God will, however, seek him out and avenge the bloodshed.
יא
וכן הדוחף חבירו בבור והיה שם סולם שיכול לעלות עליו. או שזרק בו חץ והיה תריס בידו להגן עליו ובא אחר וסלק את הסולם והסיר את התריס. שניהן אין נהרגין בבית דין. אפילו היה הדוחף עצמו הוא שחזר וסלק הסולם פטור ממיתת בית דין ונדרש ממנו הדם:
12
When a person throws a stone against a wall, and the stone rebounds and kills a person, the thrower of the stone is liable for execution by the court. For it was propelled by the power of the person who threw it.
A similar principle applies with regard to a person playing with a ball, who was given a warning and caused death by throwing it. If the victim was within four cubits of the wall, he is not liable. If the victim was beyond four cubits away, even if he was standing at the end of a distance of 100 cubits, the thrower is liable, provided the ball is of sufficient weight to kill, as explained.
יב
הזורק צרור בכותל וחזרה האבן לאחוריה והרגה חייב מיתת בית דין שמכחו היא באה. וכן אלו שמשחקין בכדור שהתרו בהן והרגו. בתוך ארבע אמות פטורין. חוץ לארבע אמות אפילו לסוף מאה אמה חייבין. והוא שיש בה כדי להמית כמו שביארנו:
13
If a person threw a stone upward and it went to the side and caused death, the one who threw it is liable.
If a person binds a colleague and puts him in a place where he cannot flee, and then turns a current of water on him, causing him to die, the killer should be executed. This law applies provided the victim dies from the first burst of water that flows because of his deeds.
יג
זרק אבן למעלה והלכה לצדדין והרגה חייב. הכופת את חבירו והניחו במקום שאינו יכול לברוח והציף עליו מים ומת הרי זה נהרג עליו. והוא שימות מכח ראשון הבא ממעשיו:
• Ma'achalot Assurot - Chapter 11
1
When wine has been poured as a libation to a false divinity,1 it is forbidden to benefit from it. A person who drinks even the smallest quantity2 of [such wine] is liable for lashes according to Scriptural Law. Similarly, anyone who partakes of the smallest quantity of something offered to a false deity, e.g., meat or fruit, even water or salt, is worthy of lashes, as [implied by Deuteronomy 32:38]: "The fat of whose offerings they would eat; they would drink the wine of their libations. Let them stand."3
א
יין שנתנסך לעכו"ם אסור בהנייה והשותה ממנו כל שהוא לוקה מן התורה וכן האוכל כל שהוא מתקרובת עכו"ם מבשר או מפירות אפילו מים ומלח האוכל מהן כל שהוא לוקה שנאמר אשר חלב זבחימו יאכלו ישתו יין נסיכם יקומו וגו':
2
Wine poured as a libation to a false deity is like a sacrifice offered to it. Since this prohibition stems from [the prohibition against] the worship of false deities, there is no minimum measure involved, as stated with regard to the worship of false deities [ibid. 13:18]: "Let no trace of the condemned [entity] cling to your hand."4
ב
יין שנתנסך לה כזבח שקרב לה וכיון שאיסור זה משום עכו"ם הוא אין לו שיעור שנאמר בעבודת כו"ם ולא ידבק בידך מאומה מן החרם:
3
When we do not know whether wine belonging to a gentile was used for a libation or not, it is called "ordinary [gentile] wine." It is forbidden to benefit from it, as it is forbidden to benefit from wine used as a libation. [This matter] is a Rabbinic decree.5When a person drinks a revi'it6 of "ordinary [gentile] wine," he is liable for "stripes for rebellious conduct."7
ג
יין העכו"ם שאין אנו יודעין אם נתנסך או לא נתנסך והוא הנקרא סתם יינם אסור בהנאה כמו יין שנתנסך ודבר זה מגזירות סופרים הוא והשותה מסתם יינם רביעית מכין אותו מכת מרדות:
4
It is forbidden [to benefit from] any wine that a gentile touches;8for perhaps he poured it as a libation. For the thought of a gentile is focused on the worship of false deities.9 From this, we learn that it is forbidden to benefit [even from] wine belonging to a Jew which was touched by a gentile; it is governed by the laws that apply to ordinary gentile wine.
ד
וכל יין שיגע בו העכו"ם הרי זה אסור שמא נסך אותו שמחשבת העכו"ם לעבודת כוכבים הא למדת שיין ישראל שנגע בו העכו"ם דינו כסתם יינם שהוא אסור בהנייה:
5
When a gentile touches wine unintentionally10 and similarly, when a gentile child11 touches wine, it is forbidden to drink it,12but it is permitted to benefit from it.
When one purchases servants from a gentile and they were circumcised and immersed [in the mikveh] immediately,13 they no longer pour libations to false deities.14 It is permitted to drink wine which they touch even though they have yet to conduct themselves according to the Jewish faith and they still speak of idolatry.
ה
עכו"ם שנגע ביין שלא בכוונה וכן תינוק עכו"ם שנגע ביין אסור בשתייה ומותר בהנייה הלוקח עבדים מן העכו"ם ומלו וטבלו מיד אין מנסכין ויין שנגעו בו מותר בשתייה ואע"פ שעדיין לא נהגו בדתי ישראל ולא פסקה עכו"ם מפיהם:
6
[With regard to] the children of gentile maidservants that were born in a Jewish domain15 and circumcised, but were not immersed yet:16 The older ones cause wine that they touch to become forbidden. The younger ones17 do not cause it to become forbidden.18
ו
בני השפחות העכו"ם שנולדו ברשות ישראל ומלו ועדיין לא טבלו הגדולים אוסרין היין כשיגעו בה והקטנים אינן אוסרין:
7
With regard to a resident alien, i.e., one who accepted the observance of the seven universal laws [commanded to Noah and his descendants],19 as we explained:20 It is forbidden to drink his wine, but it is permitted to benefit from it.21 We may deposit wine in his possession for a short time, but may not entrust it to him for a lengthy period.22
With regard to any gentile who does not serve false deities, e.g., the Arabs:23It is forbidden to drink his wine, but it is permitted to benefit from it. The Geonim rule in this manner. With regard to those who worship false deities,24 by contrast, it is forbidden to benefit from their ordinary wine.
ז
גר תושב והוא שקיבל עליו שבע מצות כמו שביארנו יינו אסור בשתייה ומותר בהנייה ומייחדין אצלו יין ואין מפקידין אצלו יין וכן כל עכו"ם שאינו עובד עכו"ם כגון אלו הישמעאלים יינן אסור בשתייה ומותר בהנייה וכן הורו כל הגאונים אבל אותם העובדים עכו"ם סתם יינם אסור בהנייה:
8
Whenever it is stated that wine is forbidden in this context, if the gentile who causes the wine to be forbidden worships false deities, it is forbidden to benefit from it. If he does not worship false deities, it is merely forbidden to drink it. Whenever we refer to a gentile without any further description, we mean one who worships false deities.25
ח
כל מקום שנאמר בענין זה שהיין אסור אם היה עכו"ם שנאסר היין בגללו עובד עכו"ם הרי הוא אסור בהנייה ואם אינו עובד עכו"ם הרי הוא אסור בשתייה בלבד וכל מקום שנאמר עכו"ם סתם הרי זה עובד עכו"ם:
9
Only wine that is fit to be offered on the altar is used for libations for false deities. Therefore when [our Sages] decreed against ordinary gentile wine, ordaining that it is forbidden to benefit from any wine touched by a gentile, their decree involved only wine that is fit to be used as a libation. Accordingly, wine that was boiled26 that was touched by a gentile is not forbidden. It is permitted to drink it together with a gentile27 in one cup. If, however, [a gentile] touches wine blended [with water] and wine that began to turn into vinegar,28 but can still be drunken is forbidden.
ט
אין מתנסך לעכו"ם אלא יין שראוי להקריב על גבי המזבח ומפני זה כשגזרו על סתם יינם וגזרו על כל יין שיגע בו שיהיה אסור בהנייה לא גזרו אלא על היין הראוי להתנסך לפיכך יין מבושל של ישראל שנגע בו העכו"ם אינו אסור ומותר לשתות עם העכו"ם בכוס אחד אבל יין מזוג ויין שהתחיל להחמיץ ואפשר שישתה אם נגע בו נאסר:
10
The Geonim of the west ruled that if a small amount of a sweetener29 or yeast became mixed with Jewish wine, since it is no longer fit for the altar,30 it is considered as if were boiled or as if it were beer and will not be used as a libation. It is permitted to drink it together with a gentile.
י
הורו גאוני המערב שאם נתערב ביין ישראל מעט דבש או מעט שאור הואיל ואינו ראוי למזבח הרי הוא כמבושל או כשכר ואינו מתנסך ומותר לשתותו עם העכו"ם:
11
When does wine belonging to a gentile become forbidden? When the grapes have been crushed and the wine begins to flow,31 even though it has not descended into the cistern and is still in the wine press, it is forbidden. For this reason, we do not crush grapes together with a gentile in a wine press,32 lest he touch it with his hand33 and offer it as a libation. [This applies] even if he is bound. [Similarly,] we do not purchase a wine press [filled with] crushed [grapes] even if the wine is still mixed with the seeds and peels and has not descended into the cistern.
יא
מאימתי יאסר יין העכו"ם משידרוך וימשך היין אף על פי שלא ירד לבור אלא עדיין הוא בגת הרי זה אסור לפיכך אין דורכין עם העכו"ם בגת שמא יגע בידו וינסך ואפילו היה כפות ואין לוקחין ממנו גת דרוכה ואע"פ שעדיין היין מעורב עם החרצנים וזגין ולא ירד לבור:
12
When a gentile crushes [grapes for] wine without touching it34 and a Jew is standing over him,35 and a Jew is the one who collects it in jugs, it is forbidden [only] to be drunken.36
יב
עכו"ם שדרך היין ולא נגע בו והרי ישראל עומד על גביו וישראל הוא שכנסו בחבית ה"ז אסור בשתייה:
13
It is forbidden to benefit from vinegar belonging to a gentile, because it became [forbidden like] wine offered as a libation before it became vinegar.37
When a gentile is crushing grapes in a barrel, we are not concerned that the wine [becomes forbidden] as wine used for a libation. If a gentile was eating from the baskets [of grapes brought to a winepress] and left over, a se'ah or two and threw them into the winepress, he does not cause the wine [to become forbidden] as wine used for a libation, even though it spatters over the grapes.38
יג
החומץ של עכו"ם אסור בהנייה מפני שנעשה יין נסך קודם שיחמיץ עכו"ם שהיה דורס ענבים בחבית אף על פי שהיין צף על גבי ידיו אין חוששין משום יין נסך היה אוכל מן הסלים והותיר כסאה וכסאתים וזרקן בגת אע"פשהיין מגתו על הענבים אין עושה יין נסך:
14
Grape seeds and peels belonging to a gentile are forbidden39 for twelve months. After twelve months, they have already dried out, they contain no moisture and they are permitted to be eaten. Similarly, the dregs of wine that have dried out are permitted to be eaten after twelve months.40 [The rationale is that] no trace of wine remains; they are just like dust or earth.
יד
החרצנים והזגין של עכו"ם אסורים כל י"ב חדש ולאחר י"ב חדש כבר יבשו ולא נשארה בהן לחלוחית ומותרין באכילה וכן שמרים של יין שיבשו לאחר י"ב חדש מותרין שהרי לא נשאר בהן ריח יין והרי הן כעפר וכאדמה:
15
It is forbidden to put wine in wineskins or barrels in which gentiles had kept wine41 until:
a) they are allowed to dry for twelve months;42
b) they are placed in a fire until their pitch becomes soft or they become hot;43
c) water is placed in them for three days for a full 24 hour period; [one places water in them], pours it out after 24 hours, and puts other water in. [This should be done] three times in three days.
[This applies] whether the containers belong to them or they belonged to a Jew from whom they borrowed them and then placed their wine into them. If one put wine in them before purifying them, it is forbidden to drink [that wine].44
טו
נאדות העכו"ם וקנקניהן שהכניסו בהן העכו"ם יינם אסור ליתן לתוכן יין עד שיישנן י"ב חדש או עד שיחזירן לאור עד שיתרפה הזפת שעליהן או שיחמו או עד שיתן לתוכן מים שלשה ימים מעת לעת ומערה המים ומחליף מים אחרים כל מעת לעת שלש פעמים בשלשת הימים בין שהיו הכלים שלהן בין שהיו של ישראל ושאלו אותן והכניסו בהן יינם ואם נתן לתוכם יין קודם שיטהר אותן הרי זה אסור בשתייה:
16
It is permitted to place beer, fish brine, or fish oil in these containers immediately.45 None of these [purging processes] are necessary. After one placed fish brine or fish oil in them, one may place wine in them, for the salt [in the fish brine or fat] will burn out [any residue of wine].
טז
ומותר ליתן לתוכן שכר או ציר או מורייס מיד ואין צריך לכלום ומותר ליתן היין לתוכן אחר שנותן הציר או המוריס שהמלח שורפן:
17
When a person purchases new utensils that were not covered with pitch from a gentile, he may place wine in them immediately, he need not worry that gentile wine had been placed in them. If they were covered with pitch, he should wash them thoroughly even though they are new.46
Similarly, [any] utensil in which gentile wine was placed, but was not stored there for an extensive period, e.g., a bucket used to draw wine from a cistern, a funnel, or the like, should be swashed in water. That is sufficient for it.47
יז
הלוקח כלים חדשים שאינם מזופתים מן העכו"ם נותן לתוכן יין מיד ואינו חושש שמא נתנו בהן יין נסך ואם היו מזופתין מדיחן ואע"פ שהן חדשים וכן כלי שנתנו בו יין נסך ואין מכניסו לקיום כגון כלי שחושף בו או המשפך וכיוצא בה משכשכו במים ודיו:
18
Similarly, it is forbidden to drink from an earthenware cup that a gentile had drunken from. If one washed it thoroughly three times, it is permitted, for all traces of wine have been washed away.48 This applies provided it is glazed with lead as potters do or covered with pitch. If, however, it is of earthenware, washing it thoroughly [once] is [all that is] required.49
יח
וכן כוס של חרס ששתה בו העכו"ם אסור לשתות בו הדיחו פעם ראשונה ושניה ושלישית מותר שכבר הלכו צחצוחי היין שבו והוא שהיה מצופה באבר כדרך שהיוצרין עושין או שהיה מזופת אבל של חרס צריך הדחה:
19
When earthenware utensils that are glazed with lead50 are used for gentile wine, they are permitted51 if they are white, red, or black. If they are green, they are forbidden, because they absorb.52 If they have a portion where the earthenware is revealed,53 they are forbidden54 whether they are white or green, because they absorb.
יט
כלי חרס השועים באבר שנשתמשו בהן ביין נסך אם היו לבנים או אדומים או שחורים מותרין ואם היו ירוקין אסורין מפני שהן בולעים ואם יש בהם מקום מגולה של חרס בין לבנים בין ירוקים אסורים מפני שהם בולעין ויראה לי שאין הדבר אלא בשכנסו בהם לקיום אבל לא כנסו בהם לקיום מדיחן ומותרין ואפילו הם של חרס:
20
When a gentile treads on grapes in a winepress of stone or of wood58 or a gentile applied pitch to a winepress of stone59 even though he did not tread the grapes there, one must wash [the press] thoroughly with water and ashes60 four times. Afterwards, one may tread grapes there. If [the press] is still moist, one should place the ashes in before the water. If it is not moist, one should place the water in first.
כ
גת של אבן ושל עץ שדרך בהן העכו"ם או גת של אבן שזפתה העכו"ם אף על פי שלא דרך בה מדיחן במים ובאפר ארבע פעמים ודורך בהן ואם היתה בהם לחלוחית מקדים האפר למים ואם לאו מקדים המים:
21
When a gentile treaded [grapes] in a stone winepress covered with pitch or [applied] pitch to a wooden winepress61 even though he did not tread grapes there, one must peel the pitch.62 If one left it for twelve months or placed water in it for three days, it is not necessary to peel [the pitch off].63 [The laws applying to] a winepress need not be more stringent than those applying to barrels.64 [The option of] peeling was given only to allow [the winepress to be used] immediately.65
כא
גת של אבן מזופפת שדרך בה העכו"ם או גת של עץ זפותה אע"פ שלא דרך בה צריך לקלוף את הזפת ואם יישנה שנים עשר חדש או נתן בה מים שלשה ימים מעת לעת אינו צריך לקלוף לא תהיה הגת חמורה יתר מן הקנקנים לא נאמר יקלוף אלא להתירה מיד:
22
An earthenware winepress [is governed by more stringent rules].66Even if one peels the pitch, it is forbidden to tread grapes in it immediately. [Instead, one must] heat it with fire until the pitch softens. If, however, one leaves it for twelve months or places water in it for three successive days, it is permitted,67as we explained.68
כב
גת של חרס אף על פי שקלף את הזפת אסור לדרוך בה מיד עד שיחם אותה באש עד שירפה הזפת ואם ישנה שנים עשר חדש או נתן בה מים שלשה ימים מותרת כמו שביארנו:
23
[The following laws apply to] a filter that had been used for wine belonging to a gentile. If it is made of hair, it should be washed thoroughly69 and then it may be used as a filter. If it is made from wool, it should be washed thoroughly four times with water and ashes and then left it70 until it dries. If it was from flax,71 it should be left for twelve months. If it has knots, they should be untied [before the filter is washed out].72
Similar [laws apply with regard to] utensils from reeds,73 from date bast, or similar utensils like wicker baskets that are used to tread grapes. If they were sewed with ropes, they should be washed thoroughly. If they are tangled together with snarls that are difficult to undo, they should be washed four times with ashes and with water. [After] they are dried, they may be used. If they are sewed with flax, they should be left unused for twelve months. If they have knots, they should be untied.74
כג
משמרת של יין של עכו"ם אם היתה של שער מדיחה ומשמר בה ואם היתה של צמר מדיחה במים ובאפר ארבע פעמים ומדיחה עד שתנגב ומשמר בה ואם היתה של שש מישנה י"ב חדש ואם יש בהן קשרים מתירן וכן כלי חלף והוצים וכיוצא בהן מכפיפות שדורכין בהן יין אם היו תפורין בחבלים מדיחן ואם היו אחוזות זו בסבוך קשה מדיחן באפר ובמים ארבע פעמים ומנגבן ומשתמש בהן ואם היו תפורות בפשתן מישנן שנים עשר חדש ואם יש בהן קשרים מתירן:
24
How can the utensils of a winepress used by a gentile for gentile wine be purified so that a Jew may use them? The boards,75 the balls of clay,76and the palm branches77 should be washed thoroughly. The restraints78 of wood and of canvas should be dried out.79 Those from water grasses and from bullrushes should be left unused for twelve months.
כד
כלי הגת שדרך בהן העכו"ם יין נסך כיצד מטהרין אותן כדי שידרוך בהן הישראל הדפין והעדשים והלולבין מדיחן העקלין של נסרין ושל בצבוץ מנגבן של שיפה ושל גמי מישנן שנים עשר חדש ואם רצה לטהרן מיד מגעילן ברותחין או חולטן במי זיתים או מניחן תחת צנור שמימיו מקולחין או במעין שמימיו רודפין שתים עשרה שעות ואח"כ יותרו:
25
In the era when the land of Israel was entirely within the possession of the Jewish people, it was permitted to purchase wine from any Jewish person without holding anyone in suspicion.83 In the Diaspora, they would only purchase [wine] from a person whose reputation [for observance] has been established. In the present age, in every place, we only purchase wine from a person whose reputation for observance has been established.84These laws also apply to meat, cheese, and a cut of fish that does not have a sign as we explained.85
כה
בזמן שהיתה ארץ ישראל כולה לישראל היו לוקחין היין מכל אדם מישראל ואין חוששין לו ובחוצה לארץ לא היו לוקחין אלא מאדם שהוחזק בכשרות ובזמן הזה אין לוקחין יין בכ"מ אלא מאדם שהוחזק בכשרות וכן הבשר והגבינה וחתיכת דג שאין בה סימן כמו שביארנו:
26
When a person enjoys the hospitality of a homeowner in any place and at any time and that homeowner brings him wine, meat, cheese, or a piece of fish, it is permitted. There is no need to inquire concerning it.86 [This law applies] even if he does not know him at all; all that he knows is that he is Jewish.
If [the host] has an established reputation for non-observance and for not paying attention to these matters, it is forbidden to accept his hospitality. If one transgresses and accepts his hospitality, it is forbidden to eat meat and drink wine [despite] his assurances unless a person who has an established reputation for observance testifies [to their acceptability].
כו
המתארח אצל בעל הבית בכל מקום ובכל זמן והביא לו יין או בשר או גבינה וחתיכת דג הרי זה מותר ואינו צריך לשאול עליו אף על פי שאינו מכירו אלא יודע שהוא יהודי בלבד ואם הוחזק שאינו כשר ולא מדקדק בדברים אלו אסור להתארח אצלו ואם עבר ונתארח אצלו אינו אוכל בשר ולא שותה יין על פיו עד שיעיד לו אדם כשר עליהם:
FOOTNOTES
1.
As explained in Hilchot Avodat Kochavim 3:3, pouring a libation and sacrificing are among the four acts of service for which one is liable to any false deity, even if this is not its mode of service.
3.
Sefer HaMitzvot (negative commandment 194) includes this prohibition among the 613 mitzvot of the Torah. According to the Rambam, it is actually the last of the mitzvot which the Torah mentions.
Although the verse does not specifically mention a prohibition, the Rambam derives the prohibition as follows: As stated in Hilchot Avodat Kochavim 7:2, we are forbidden to derive benefit from anything offered to a false deity. Since the prooftext quoted establishes an equation between a libation and an offering, we conclude that just as an offering is forbidden by a negative commandment; so, too, there is a negative commandment involving a libation (see Avodah Zarah 29b).
The Ramban (in his Hasagot to Sefer HaMitzvot) and the Sefer HaChinuch (Mitzvah 111) maintain that both are included in a single prohibition. They should not be counted as separate negative commandments. They all agree, however, that the prohibition against such wine is Scriptural in origin. As the Rambam explains in Sefer HaMitzvot, loc. cit., there are statements of our Sages that appear to imply that the prohibition is Rabbinic in origin. Those statements, however, apply to wine handled by gentiles (see Halachah 3) and not to wine that was actually used for a libation.
4.
This verse is most particularly related to the prohibition against benefiting from the property of a city who were drawn after idol worship (ir hanidachat). Nevertheless, since all false deities can be considered as "condemned," the verse applies to them as well (Megillat Esther, Sefer HaMitzvot, negative commandment 25). The expression "any trace" implies even the slightest amount of benefit is prohibited.
5.
We find an allusion to this decree in Scripture itself for Daniel 1:8 speaks of how Daniel refrained from drinking the king's wine. Avodah Zarah 36b states that the decree against drinking wine handled by gentiles was instituted lest this lead to familiarity and ultimately, to intermarriage. From the Rambam's wording in the following halachah, however, it would appear that the prohibition was instituted as a safeguard against benefiting from idolatry (Ma'aseh Rokeach; see also Halachah 7 and notes).
6.
One fourth of a log, 86 cc. According to Shiurei Torah and 150 cc. According to Chazon Ish. This is the standard liquid measure involved in ritual matters.
7.
It is forbidden to drink even the slightest amount, but one is liable only for drinking a revi'it (Lechem Mishneh).
8.
See Chapter 12, Halachot 1-2, which define what is meant by a gentile touching wine. As implied by the contrast to the following halachah, for it to be forbidden to benefit from the wine, the gentile must touch it intentionally. Similarly, he must know that it is wine (Radbaz).
9.
Therefore even if there is no false deity present, it is possible that the gentile intended to use it as a libation. See Halachah 7 and notes which discuss which gentiles we are referring to.
11.
Here the term child is not defined chronologically, but in terms of his relation to idolatry. Does he praise the name of a false deity or not? [Avodah Zarah 57a; Tur, Shulchan Aruch (Yoreh De'ah 124:1)].
12.
In both instances, we cannot say that the person had the intent to use the wine as a libation. In the first instance, he did not intend to touch the wine and in the second, the child does not know about idolatrous worship. Nevertheless, the wine is still forbidden as a safeguard. See Chapter 12, Halachah 5. See also the Rama (Yoreh De'ah 124:24) who states that in the present era, most gentiles are not idolaters. Even so, if they touch wine unintentionally, although there are authorities who say there is room for leniency, the prevailing custom is to be stringent unless a significant loss is involved. See Siftei Cohen 124:71.
13.
Thus reaching the intermediate stage of Jewish servants, as Hilchot Issurei Bi'ah 12:11 states, they "have departed from the category of gentiles, but have yet to enter the category of Jews."
14.
Their "conversion" to Judaism will prevent them from offering such a libation. See the Tur who also mentions the opinion of Rabbenu Chananel who maintains that a gentile servant causes wine to be forbidden for twelve months.
The Tur clarifies that the debate concerns only a servant, because his acceptance of Judaism is forced. All agree that no such strictures apply to a convert who willingly accepts Judaism.
15.
If they were not born in a Jewish domain, the circumcision alone is of no consequence and even minors cause wine to become forbidden to drink (Kessef Mishneh).
16.
If they were not immersed yet, even young children cause wine they touch to become forbidden to drink (the Kessef Mishneh's interpretation of the Rambam's opinion). The Rashba, however, differs and maintains even if these children were neither circumcised or immersed, they do not cause wine to be forbidden. The Turei Zahav124:3 and the Siftei Cohen 124:9 differ and maintain that even the Rambam would accept the Rashba's approach.
17.
Here the term child is not defined chronologically, but in terms of his relation to idolatry. Does he praise the name of a false deity or not? [Avodah Zarah 57a; Tur, Shulchan Aruch (Yoreh De'ah 124:1)].
19.
The prohibitions against the worship of false deities, blasphemy, murder, theft, incest and adultery, eating the flesh of a living animal, and the obligation to establish courts. See Hilchot Melachim 8:10.
21.
The Kessef Mishneh explains that there are two dimensions to the prohibition against drinking the wine of gentiles:
a) The desire to limit familiarity with gentiles, lest it lead to intermarriage. This applies to resident aliens as well. Therefore there is a prohibition against drinking their wine.
b) A safeguard against benefiting from wine used as libations. This does not apply with regard to resident aliens. Therefore there is no prohibition against deriving benefit from their wine.
22.
Since we do not suspect that he will use the wine for a libation - or allow other gentiles to do so - we do not forbid one to leave it there for a short while. Nevertheless, if it is left there for a long time, we fear that the gentile will exchange it with his own wine and as stated above, it is forbidden for Jews to drink his own wine (see Rashi, Avodah Zarah 64b).
23.
The Rambam's wording has attracted the attention of the commentaries, for from the beginning of the halachah, it appears that the gentile must accept all seven mitzvot, while this clause appears to imply that it is sufficient for him to accept only the prohibition against idolatry. The Kessef Mishneh explains that when the entire nation does not worship false deities, then we do not fear that wine will be used as a libation. When, however, that is not the case, a gentile must accept all seven mitzvot for his wine to be permitted.
24.
Our translation follows the standard version of the Mishneh Torah. The uncensored text reads: "Christians, by contrast, are idolaters. It is forbidden to benefit...." The Rama (Orach Chayim 155:1) rules that Christianity violates only the prohibition against shituf, worshipping another entity together with God, and gentiles are not prohibited against such worship. It must be emphasized that today, though many gentiles are nominally Christian, their observance is minimal and they have an awareness of monotheism.
See also the statements of the Rama (Yoreh De'ah 123:1, 124:24) who quotes opinions that maintain that in the present age, it is not customary for gentiles to pour wine as libations to false deities. Nevertheless, the prohibition against drinking such wine, however, remains intact.
25.
For in the Rambam's age, most gentiles were idolaters. The Rabbinic authorities question whether one can make such an assumption in the present age. For many gentiles do not worship according to any religious rites at all and others, like the Arabs, have a conception of monotheism.
26.
Hilchot Issurei Mizbeach 6:9 states that wine that was cooked to the extent that its taste changed is forbidden to be used as a libation on the altar. To put the concept in contemporary terms, wine that was pasteurized is included in this category.
27.
Avodah Zarah 30b relates that the Sage Shmuel actually drank boiled wine together with a gentile.
The Kessef Mishneh quotes Rabbenu Asher who asks: If the decree against wine touched by a gentile was instituted to prevent intermarriage, what difference does it make if it was boiled or not? Will boiling the wine prevent familiarity from arising with gentiles?
In resolution, he explains that perhaps since boiled wine is uncommon, our Sages did not apply their decree in such a situation. Even though today, it has become common to drink boiled - i.e., pasteurized wine - our Sages decree has not been expanded. It must be emphasized that this leniency applies to wine belonging to a Jew that was boiled. Wine belonging to a gentile becomes forbidden before it is boiled and thus cannot be drunken.
31.
In their days, grape presses were built on an incline, so that after the grapes were pressed, the juice would flow naturally toward a cistern.
32.
The Turei Zahav 123:14 states that some interpret the Rambam as speaking only about a winepress that is open. If it is plugged close, there is room to say that the prohibition does not apply. Nevertheless, the Turei Zahav quotes other views that maintain that the prohibition applies even in such an instance.
33.
Implied is that a libation cannot be offered with one's feet (Kessef Mishneh based on Avodah Zarah 56b; the Siftei Cohen 123:43, however, maintains that this is not the correct understanding of the Rambam's words). The Shulchan Aruch (Yoreh De'ah 124:11), however, rules that a gentile who touches the wine with his feet causes it to be come forbidden. The Rama, however, rules leniently and maintains that the prohibition applies only to drinking such wine.
34.
The Turei Zahav 124:17 interprets this as referring to an instance where he does not touch the wine at all, not even with his feet. The Kessef Mishneh, however, explains that this is referring to a situation where the gentile touches the wine with his feet, but not with his hands.
36.
It is, however, permitted to benefit from it. 36. The fact that it becomes vinegar afterwards does not cause it to become permitted.
The Radbaz states that one can conclude from the Rambam's wording that if a gentile topuches vinegar belonging to a Jew, it is permitted, for it is no longer wine.
38.
Our translation is based on authoritative manuscripts and early printings of the Mishneh Torah. The standard published text is difficult to understand. As the Radbaz and the Shulchan Aruch (Yoreh De'ah 125:6) state, the Rambam is referring to a situation where a certain amount of grape juice collects in the bottom of the baskets. Even though that juice spatters of the grapes, it does not cause the wine to be considered forbidden, for this prohibition does not apply until the wine begins to flow, as stated in Halachah 11 (Radbaz).
39.
Even to benefit from them [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 123:14)]. See also the Rama who states that the prohibition applies only when the peels were in contact with gentile wine. If the gentiles had merely crushed the grapes, but the wine had not begun flowing from the winepress, the peels are not forbidden.
41.
For a certain quantity of wine is absorbed in the container. Afterwards, when the kosher wine is placed in the container, it will be soaked into the container and the wine in the container will be released into it.
42.
See the Shulchan Aruch (Yoreh De'ah 135:16) which explains that even if one used the containers for water during this period, this does not prevent the containers from becoming permitted.
43.
I.e., if they are not covered with tar (Kessef Mishneh). By heating them, one will achieve the results of libbun and purge any absorbed wine through heat.
See also the Shulchan Aruch (Yoreh De'ah 135:15) which state that hagalah, filling the containers with boiling water is also acceptable.
46.
I.e., even though they appear new, we suspect that a gentile used them to store wine. Hence they must be washed. Nevertheless, the fact that they appear new indicates that they were not used for a long time. Hence, washing them is sufficient.
This stringency applies only with regard to containers covered with pitch. Since they are dark black, it is not evident whether they were used previously or not. With regard to other containers, it is much more clearly apparent whether or not they were used. Hence there is no need for this stringency (Kessef Mishneh).
47.
The Kessef Mishneh notes that Avodah Zarah 74b appears to require that such utensils be dried. He questions why the Rambam does not mention this point. As a possible resolution, he suggests that perhaps the Talmud is speaking about utensils belonging to a gentile, while the Rambam is speaking about those belonging to a Jew.
48.
The Rambam's ruling is dependent on his interpretation of Avodah Zarah 33b. Other authorities including Rashi and the Ra'avad have a different understanding of the passage. Their view is cited by the Shulchan Aruch (Yoreh De'ah 135:4).
49.
The Kessef Mishneh explains that we are speaking of an instance where the glazing of the lead or the pitch was not completed in a thorough manner and the surface of the utensil is not smooth. Therefore such a utensil will absorb wine more easily than an ordinary earthenware utensil. Hence, three washings are required. The following halachah, by contrast, is speaking about a utensil that is glazed in a more thorough manner, producing a smooth surface. Hence it is less likely to absorb the wine than an ordinary earthenware utensil.
50.
As mentioned above, the Kessef Mishneh interprets this to mean that they were glazed in a manner that produced a smooth surface. Hence they do not absorb the wine easily.
52.
In order to produce a green color, a substance called netar, alum crystals [Rama (Yoreh De'ah 135:5)], is mixed into the glazing. This substance is very absorbent. The Shulchan Aruch (Yoreh De'ah, loc. cit.) states that utensils made from this substance can never be purified.
55.
The Kessef Mishneh quotes the Rashba as stating that from the fact that these statements are made about earthenware utensils, one can conclude that metal utensils do not absorb even when gentile wine was placed in them for an extended period of time. They will absorb only when liquids are heated.
56.
For even if the wine was not placed in them for an extended period, it is possible that there will be a certain amount of residue left in the container.
59.
Rashi (Avodah Zarah 74b) and the Tur and the Shulchan Aruch (Yoreh De'ah 138:1) explain that after pitch is applied to a vat, a small amount of wine is placed in the vat to remove the unfavorable odor of the pitch.
62.
The Shulchan Aruch (Yoreh De'ah 138:1) follows the position of other Rishonim who maintains that even after peeling the outer layer of the pitch, one must apply ashes and water, as stated in the previous halachah.
63.
As stated with regard to barrels in Halachah 15. The Ra'avad and most other Rishonim differ with regard to this ruling and require the barrel to be pealed.
64.
Indeed, one would suspect the laws governing barrels to be more stringent, for wine is stored there for long periods. It remains in a winepress, by contrast, for only a short time.
66.
For earthenware absorbs more readily than other substances. In the previous halachah, we assume that the winepress itself did not absorb any wine. In this case, we assume that it did (Kessef Mishneh).
67.
Without peeling off the pitch as stated in the previous halachah. Here also the Ra'avad differs and rules that the pitch must be peeled off. The Shulchan Aruch (loc. cit.) follows the Rambam's ruling.
69.
Hair does not absorb liquid at all. Hence, it need only be washed to remove the wine that may be sticking to its surface.
70.
Our translation follows the authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text differs slightly.
74.
When citing this law in his Shulchan Aruch (Yoreh De'ah 138:7, 9), Rav Yosef Caro does not mention the need to untie the knots in this instance. As evident from his Kessef Mishneh, he follows the approach of the Rashba who maintains that when an object is left for twelve months, there is no need to untie the knots. The Siftei Cohen 138:8 differs and states that the Rambam's ruling should be followed.
76.
Used to crush the grapes (see the conclusion of the gloss of the Lechem Mishneh to Halachah 17).
78.
In his Commentary to the Mishneh, Taharot 10:8, the Rambam states that this refers to the restraints placed around olives (and grapes) when they are being squeezed to gather them together.
81.
Cooking them in such water will cause whatever wine that was absorbed to be sealed in its place and never to be released.
82.
This will also purge the absorbed wine. See Hilchot Tumat Ochalin 11:17 which mentions these same processes in a different context.
83.
A Jew who worships false divinities, does not observe the Sabbath, or denies the Torah and its mitzvot is considered equivalent to a gentile and his wine is forbidden just as a gentile's is (see Hilchot Shabbat 30:15). When Eretz Yisrael was populated solely by Jews, our Sages maintained that there was no need to suspect that a person fell into the above categories.
84.
The Ra'avad objects to the Rambam's ruling, stating that a common person will not necessarily cause another to transgress. The Radbaz states that even if the common people will not necessarily transgress themselves, they will not be careful about protecting another person's observance and may sell him forbidden articles. This view is cited by the Rama (Yoreh De'ah 119:1).
86.
We assume that the host is observant and that he is giving his guest the same food that he eats himself (Radbaz).
Ma'achalot Assurot - Chapter 12
1
How do we define the term touch when we say that a gentile1who touches wine causes it to be forbidden? Touching the wine itself whether with his hands2 or with any of his other limbs with which it is customary to pour a libation3 and shook the wine.4
If, however, he extended his hand to a barrel and his hand was grabbed before he could remove [any wine] or shake it, [there is room for leniency]. If the barrel was opened from below and the wine was allowed to flow out to the extent that it reached below his hand, the wine is not forbidden.5
א
כיצד היא הנגיעה שאוסר בה העכו"ם היין הוא שיגע ביין עצמו בין בידו בין בשאר איבריו שדרכן לנסך בהן וישכשך אבל אם פשט ידו לחבית ותפסו את ידו קודם שיוציאה ולא ינידה ופתחו החבית מלמטה עד שיצא היין וירד למטה מידו לא נאסר היין וכן אם אחז כלי פתוח של יין ושכשכו אע"פ שלא הגביה הכלי ולא נגע ביין נאסר היין:
2
If he took an [open]8 container of wine, lifted it up, and poured it out, the wine becomes forbidden,9 even though he did not shake it. For the wine moved as a result of his power. If he lifted the container up, but did not shake it or touch it, it is permitted.10
ב
נטל כלי של יין והגביהו ויצק היין אע"פ שלא שיכשך נאסר שהרי בא היין מכחו הגביה ולא שיכשך ולא נגע מותר:
3
When a gentile was holding a container on the ground and a Jew poured wine into it, the wine is permitted.11 If the gentile shakes the container, the wine becomes forbidden.
ג
עכו"ם שהיה אוחז הכלי בקרקע וישראל יצק לתוכו יין היין מותר ואם נדנד העכו"ם הכלי נאסר היין:
4
It is permitted to have a gentile move a closed [container of wine] from one place to another even though the wine moves. For this is not the manner in which a libation is made.12
ד
כלי סתום מותר לטלטלו העכו"ם ממקום למקום ואף על פי שהיין מתנדנד שאין זה דרך הניסוך העביר נוד של יין ממקום למקום והוא אוחז פי הנוד בידו בין שהיה הנוד מלא או חסר מותר ואע"פ שהיין מתנדנד העביר כלי חרס פתוח מלא יין אסור שמא נגע בו ואם היה חסר מותר אא"כ שכשכו:
5
When a gentile touches wine without intending to, it is permitted only to benefit from the wine.20 What is implied? He fell on an [open]21 wineskin or stretched his hand out to a barrel under the impression that it contained oil and it actually contained wine.
ה
עכו"ם שנגע ביין ולא נתכוון לזה הרי היין מותר בהנייה בלבד כיצד כגון שנפל על נוד של יין או שהושיט ידו לחבית על מנת שהיא שמן ונמצאת יין:
6
If wine moves because of a gentile's power although he did not intend to do so, since he did not touch the wine, it is permitted to drink it.22 What is implied? If he lifted up a container of wine and poured it into another container while thinking that it was beer or oil, [the wine] is permitted.
ו
בא היין מכחו של עכו"ם בלא כוונה הואיל ולא נגע ביין הרי זה מותר בשתייה כיצד כגון שהגביה כלי של יין ויצק לכלי אחר והוא מדמה שהוא שכר או שמן הרי זה מותר:
7
If a gentile entered a house or a store seeking wine and extended his hand to search for it and touched wine,23 [the wine] is forbidden. [The rationale is that] he was intending [to touch] wine. This is not considered as touching without intent.
ז
נכנס העכו"ם לבית או לחנות לבקש יין ופשט ידו כשהוא מחפש ונגע ביין אסור שהרי ליין נתכוין ואין זה נוגע בלא כוונה:
8
When a barrel is split lengthwise and a gentile comes and embraces it so that the halves will not separate24 it is permitted to benefit from [the wine].25 If, however, it split widthwise and he grabbed the upper half so that it will not fall, it is permitted to drink [the wine]. For the wine is not affected by the gentile's power.
ח
חבית שנסדקה לארכה וקדם העכו"ם וחבקה כדי שלא יתפרדו החרסים הרי זה מותר בהנייה אבל אם נסדקה לרחבה ותפס בסדק העליון כדי שלא יפול הרי זה מותר בשתייה שהרי אין היין על כחו של עכו"ם:
9
When a gentile fell into a cistern of wine and was hoisted up dead,26measured a cistern containing wine with a reed, swatted away a fly or a hornet from it with a reed,27 patted a boiling bottle of wine so that the boiling would cease28 or took a barrel and threw it into the cistern in anger,29it is merely permitted to benefit from the wine. If, [in the first instance,] the gentile was raised [from the cistern] alive, it is forbidden to benefit from the wine.30
ט
עכו"ם שנפל לבור של יין והעלוהו משם מת או שמדד הבור שיש בו היין בקנה או שהתיז את הזבוב והצרעה מעליו בקנה או שהיה מטפח על פי החבית הרותחת כדי שתנוח הרתיחה או שנטל חבית וזרקה בחמתו לבור הרי זה מותר בהנייה בלבד ואם עלה העכו"ם חי היין אסור בהנייה:
10
When there is a hole on the side of a barrel, the stopper slips away from the hole, and a gentile places his finger over the hole so that the wine will not flow out, all of the wine from the top of the barrel until the hole is forbidden.31 It is, however, permitted to drink the wine beneath the hole.32
י
חבית שהיה נקב בצדה ונשמט הפקק מן הנקב והניח העכו"ם אצבעו במקום הנקב כדי שלא יצא היין כל היין שמראש החבית עד הנקב אסור ושתחת הנקב מותר בשתייה:
11
[The following rules apply when] one end of a bent outflow pipe made from metal, glass, or the like is placed in wine and the other end extends out of the barrel. If one sucked on the wine and the wine began flowing out as is always done, and a gentile came and place his finger at the end of the outflow pipe and prevent the wine from flowing outward, all of the wine in the barrel is forbidden.33 [The rationale is that] were it not for his hand, everything [in the barrel] would have flowed out. Thus all the wine is affected by his power.
יא
מינקת כפופה שעושין אותה ממתכת או מזכוכית וכיוצא בהם שהניח ראשה לתוך היין שבחבית והראש האחר חוץ לחבית ומצץ היין והתחיל היין לירד כדרך שעושין תמיד ובא העכו"ם והניח אצבעו על פי המינקת ומנע היין מלירד נאסר כל היין שבחבית שהכל היה יוצא ונגרר לולי ידו ונמצא הכל כבא מכחו:
12
When a person pours wine into a receptacle containing gentile wine, all of the wine in the upper container is forbidden.34 [The rationale is that] the column of wine being poured connects35 between the wine in the upper container and the wine in the lower container. Therefore when a person is measuring wine for a gentile into a container in the latter's hands, he should interrupt [the column of wine before it reaches the utensil] or throw the wine so that [the column of wine] being poured will not establish a connection and cause the wine remaining in the upper container to become forbidden.
יב
המערה יין לתוך כלי שיש בו יין עכו"ם נאסר כל היין שבכלי העליון שהרי העמוד הנצוק מחבר בין היין שבכלי העליון ובין היין שבכלי התחתון לפיכך המודד לעכו"ם לתוך כלי שבידו ינפץ נפיצה או יזרוק זריקה כדי שלא יהיה נצוק חבור ויאסור עליו מה שישאר בכלי העליון:
13
When a funnel that was used to measure wine for a gentile has an obstruction that prevents wine [from flowing] the funnel should not be used to measure wine for a Jew36 until it was washed thoroughly and dried.37If he did not wash it thoroughly,38[the Jew's wine] is forbidden.39
יג
משפך שמדד בו לעכו"ם אם יש בקצה המשפך עכבת יין לא ימדוד בו לישראל עד שידיחנו וינגב ואם לא הדיח הרי זה אסור:
14
[The following rules apply with regard to] a container possessed by a Jew that has two "nostrils,"40 that emerge from it, like containers that are used to wash hands, and is filled with wine. If a Jew is sucking and drinking from one nostril and a gentile is sucking and drinking from the other nostril, this is permitted,41 provided the Jew begins [drinking] and concludes while the gentile is still drinking. When the gentile stops drinking, all the wine that was in the nostril will return to the container and cause all the wine in it to be forbidden. [The rationale is that] the wine [in the nostril] was moved by [the gentile's] power.42
יד
כלי שיש לו כמין שני חוטמין יוצאין ממנו כמו הכלים שנוטלין בהם לידים שהיה מלא יין ביד ישראל והיה ישראל מוצץ ושותה מחוטם זה והעכו"ם מוצץ ושותה מן החוטם השני הרי זה מותר והוא שיקדים הישראלי ויפסוק ועדיין העכו"ם שותה שמשיפסוק העכו"ם יחזור היין שישאר בחוטם לכלי ויאסור כל מה שישאר בו שהרי בא היין מכחו:
15
When a gentile sucks wine from a container with an outflow pipe, all the wine in the container becomes forbidden.43 For when he ceases [sucking], all of the wine that entered the outflow pipe through his sucking will return to the barrel and cause it to become forbidden.
טו
עכו"ם שמצץ היין מן החבית במינקת אסר כל היין שבה שכשיפסק יחזור היין שעלה במינקת במציצתו ויפול לחבית ויאסור הכל:
16
When a gentile is transferring barrels of wine from one place to another together with a Jew and [the Jew] is walking after them to protect them, they are permitted even if he separates from him for a mil.44 [The rationale is] that he is afraid of him and will say: "He will suddenly appear before us and observe us."
[More stringent rules apply if the Jew] tells [gentile porters]: "Proceed and I will follow after you."45 If they pass beyond his sight to the extent that [they have time] to uncover the opening of the barrel, seal it again, and [allow it] to dry out,46 it is forbidden to drink all of the wine.47 If for a lesser [time], [the wine] is permitted.48
טז
עכו"ם שהיה מעביר עם ישראל כדי יין ממקום למקום והוא הולך אחריהן לשמרן אפילו הפליגו ממנו כדי מיל הרי אלו מותרות שאימתו עליהן ואומד עתה יצא לפנינו ויראה אותנו ואם אמר להם לכו ואני אבוא אחריכם אם נתעלמו מעיניו כדי שיפתחו פי הכד ויחזרו ויגיפו אותה ותיגב הרי היין כולו אסור בשתיה אם פחות מיכן מותר:
17
Similarly, if a Jew leaves a gentile in his store, even though he departs and enters, [going back and forth] the entire day, the wine is permitted.49 If he informs him that he is departing for a significant period, should he wait long enough [to enable the gentile] to open the barrel, seal it again, and [allow it] to dry out, it is forbidden to drink the wine.50
Similarly, if a person left his wine in a wagon or a ship51 with a gentile and enters a city to tend to his needs, the wine is permitted.52 If he informs him that he is departing for a significant period, should he wait long enough [to enable the gentile] to open the barrel, seal it again, and [allow it] to dry out, it is forbidden to drink the wine.
יז
וכן המניח עכו"ם בחנותו אף על פי שהוא יוצא ונכנס כל היום כולו היין מותר ואם מודיעו שהוא מפליג ושהה כדי שיפתח ויגוף ותיגוב היין אסור בשתייה וכן המניח יינו בקרון או בספינה עם העכו"ם ונכנס לעיר לעשות צרכיו היין מותר ואם הודיען שהוא מפליג ושהה כדי שיפתח ויגוף ותיגב היין אסור בשתייה וכל הדברים האלו בחביות סתומות אבל בפתוחות אפילו לא שהה מאחר שהודיען שהוא מפליג היין אסור:
18
When a Jew was eating together with a gentile, left wine open on the table and on the counter, and departed, the wine on the table is forbidden, while that on the counter is permitted.55 If [the Jew] told him: "Mix [the wine] and drink," all the open wine in the house is forbidden.56
יח
ישראל שהיה אוכל עם העכו"ם והניח יין פתוח על השולחן ויין פתוח על הדולפקי ויצא שעל השולחן אסור ושעל הדולפקי מותר ואם אמר לו מזוג ושתה כל היין הפתוח שבבית אסור:
19
When [a Jew] was drinking together with a gentile and he heard the sound of prayer in the synagogue and departed, even the open wine is permitted. For the gentile will say: "Soon he will remember the wine, come hurriedly and see me touching his wine." Therefore [we do not suspect that] the gentile will move from his place. Hence only the wine that is before him57 becomes forbidden.58
יט
היה שותה עם העכו"ם ושמע קול תפלה בבית הכנסת ויצא אף היין הפתוח מותר שהנכרי אומר עתה יזכור היין ויבוא במהרה וימצא אותי נוגע ביינו ולפי זה אינו זז ממקומו ואין נאסר אלא מה שלפניו בלבד:
20
[The following rules apply when] a gentile and a Jew are living together in one courtyard59 and they both left in agitation60 to see a bridegroom or a funeral. If the gentile returns and closes the entrance and the Jew comes later, the open wine in the Jew's home remains permitted. [We assume that] the gentile closed [the entrance] with the assumption that the Jew had already entered his home and no one remained outside; [i.e.,] he thought that the Jew came before him.
כ
עכו"ם וישראל שהיו דרין בחצר אחת ויצאו שניהם בבהלה לראות חתן או הספד וחזר העכו"ם וסגר הפתח ואחר כך ישראל הרי היין הפתוח שבבית ישראל בהיתרו שלא סגר העכו"ם אלא על דעת שכבר נכנס הישראלי לביתו ולא נשאר אדם בחוץ וכמדומה לו שהוא קדמו:
21
[The following rules apply when] wine belonging to both a Jew and a gentile [is being stored] in one building and [the Jew's] barrels were open. If the gentile entered the building and locked the door behind him,61 all the wine is forbidden.62 If there is a window in the door that enables a person standing behind the door to see in front of him, all of the barrels that are opposite the window are permitted. Those on the sides are forbidden. [The leniency is granted,] because the gentile will fear from those who can see him.
כא
יין של ישראל ושל עכו"ם בבית אחד והיו חביות פתוחות ונכנס העכו"ם לבית ונעל הדלת בעדו נאסר כל היין ואם יש חלון בדלת שמסתכל ממנו העומד אחורי הפתח ורואה כנגדו כל החביות שכנגד החלון מותרות ושמן הצדדין אסורות שהרי מפחד מן הרואה אותו:
22
Similarly, if a lion roared or the like and the gentile fled and hid among the open barrels, the wine is permitted. For he will say, "Perhaps another Jew also hid here and will see me if I touch [the wine]."
כב
וכן אם שאג ארי וכיוצא בו וברח העכו"ם ונחבא בין החביות הפתוחות היין מותר שהוא אומר שמא ישראל אחר נחבא כאן והוא רואה אותי כשאגע:
23
[The following laws apply with regard to] a wine cellar whose barrels were open, a gentile also stored wine in that inn,63 and the gentile was discovered standing among the open barrels belonging to the Jew. If he was frightened when discovered and it would be considered as if he was a thief,64 it is permitted to drink the wine. For because of his fear and dread, he will not have the opportunity to pour a libation. If he would not be considered as a thief, but instead, he feels secure there, the wine is forbidden.65
When a [gentile] baby is discovered among the barrels, regardless of whether he would be considered like a thief or not, all of the wine is permitted.66
כג
אוצר של יין שהיו חביותיו פתוחות ויש לעכו"ם חביות אחרות באותו הפונדק ונמצא העכו"ם עומד בין חביות ישראל הפתוחות אם נבהל כשנמצא ונתפש עליו כגנב היין מותר בשתייה שמפחדו ויראתו אין לו פנאי לנסך ואם לא נתפש כגנב אלא הרי הוא בוטח שם היין אסור ותינוק הנמצא בין החביות בין כך ובין כך כל היין מותר:
24
When a battalion [of soldiers] enter a country with an approach of peace, all of the open barrels [of wine] in the stores are forbidden.67 The closed ones, by contrast, are permitted.68 At a time of war, however, if a battalion spread through a city and moved on, both are permitted,69 because they do not have time to make libations.
כד
גדוד שנכנס למדינה דרך שלום כל החביות הפתוחות שבחנויות אסורות וסתומות מותרות ובשעת מלחמה אם פשט הגדוד במדינה ועבר אלו ואלו מותרות שאין פנאי לנסך:
25
[The following laws apply when] a gentile is discovered standing next to a cistern of wine [belonging to a Jew]. If [the Jew] owes him a debt for which this wine serves is collateral, [the wine] is forbidden.70 Since he feels privileged, he will extend his hand and make a libation. If it is not collateral for a debt, it is permitted to drink the wine.71
כה
עכו"ם שנמצא עומד בצד הבור של יין אם יש לו מלוה על אותו היין הרי זה אסור מפני שלבו גס בו שולח ידו ומנסך ואם אין לו עליו מלוה היין מותר בשתיה:
26
When a gentile harlot is present at a Jewish feast, the wine is permitted. For she is in dread of them and will not touch [the wine].72 When, however, a Jewish harlot is present at a gentile feast, her wine73 that is before her in her utensils is forbidden, for [the gentiles] will touch it without her consent.74
כו
זונה עכו"ם במסיבה של ישראל היין מותר שאימתן עליה ולא תגע אבל זונה ישראלית במסיבת עכו"ם יינה שלפניה בכליה אסור מפני שהן נוגעין בו שלא מדעתה:
27
[The following lays apply when] a gentile is discovered in a winepress:75 If there is enough moisture from wine that when one places his hand in it, [the hand] will become moist to the extent that if it touches his other hand, that hand will become moist,76 it is necessary to wash out the winepress thoroughly and dry it out.77 If this amount is not present, all that is necessary is to wash it out thoroughly. This is an extra measure of stringency.78
כז
עכו"ם הנמצא בבית הגת אם יש שם לחלוחית יין כדי לבלול הכף עד שתבלול הכף לכף שניה צריך להדיח כל בית הגת וינגב ואם לאו מדיח בלבד וזו הרחקה יתירה:
28
[The following rules apply with regard to] a barrel floating in the river. If it was found near a city populated primarily by Jews, we are permitted to benefit from it.79 Near a city populated primarily by gentiles, it is forbidden.
כח
חבית שצפה בנהר אם נמצאת כנגד עיר שרובה ישראל מותרת בהנייה כנגד עיר שרובה עכו"ם אסורה:
29
In a place where most of the wine merchants are Jewish, if one discovers large containers that are generally used only by wine merchants to store wine and which are filled with wine, it is permitted to benefit from [the wine].80
When a barrel has been opened by thieves, if most of the local thieves are Jewish, it is permitted to drink the wine. If not, it is forbidden.
כט
מקום שהיו רוב מוכרי היין בו ישראלים ונמצאו בו כלים גדולים מלאים יין והם כלים שדרך המוכרין לבדם לכנוס בהם היין הרי אלו מותרין בהנייה חבית שפתחוה גנבים אם רוב גנבי העיר ישראל היין מותר בשתייה ואם לאו אסור:
FOOTNOTES
1.
As the Rambam stated in Chapter 11, Halachah 8, unless otherwise specified, when he uses the term "gentile," he is referring to an idolater.
3.
As evident from Chapter 11, Halachah 11, according to the Rambam, it is not customary to pour a libation with one's feet. Note, however, the Shulchan Aruch (Yoreh De'ah 124:11) which forbids wine that a gentile touched with his feet. The Rama, however, quotes the Rambam's view.
4.
If, however, he did not cause the wine to move, it is forbidden to drink it, but one is allowed to benefit from it (Radbaz). In his Kessef Mishneh, however, Rav Yosef Caro notes that although there are authorities who agree with the ruling of the Radbaz, from the Rambam's wording, it appears that the wine is permitted entirely. In his Shulchan Aruch (Yoreh De'ah 124:13), he follows the majority view and rules that it is permitted only to benefit from such wine.
5.
The Rambam is citing an incident that transpired as recorded by Avodah Zarah 59b. It is not forbidden to benefit from the wine. The question of whether or not it is forbidden to drink it depends on the difference of opinion mentioned in the previous note.
7.
The Ra'avad objects to this ruling, maintaining that as long as the gentile does not touch the wine itself, lift the container, or cause the wine to spatter, moving an open utensil does not cause it to be forbidden. The Shulchan Aruch (Yoreh De'ah 124:17) quotes the Rambam's ruling as a minority opinion and the Rama states that it need not be followed if financial loss is involved.
9.
There is a difference of opinion among the commentaries if only the wine that is poured out is forbidden or also the wine which remains in the container (Kessef Mishneh). The Shulchan Aruch (Yoreh De'ah 125:1) quotes the more stringent view. The Rama mentions the more lenient opinion, but states that it may be followed only in a case of severe loss.
15.
The Rambam's source (Avodah Zarah 60a) and also the Shulchan Aruch (Yoreh De'ah 125:10) emphasize that we are referring to a situation where the Jew is following the gentile. Otherwise, the wine is certainly forbidden.
16.
The Radbaz states that the same laws apply regardless of what the container was made of. Therefore he maintains that the word "earthenware" is a printer's error.
17.
Although the Rashba maintains that one may benefit from the wine, most authorities rule that it is prohibited to benefit from it as well as to drink it [Shulchan Aruch (loc. cit.)].
18.
Since the container is both open and full, it is highly likely that the gentile touched the wine (Avodah Zarah 60a).
20.
I.e., it is forbidden to drink it, as stated in Chapter 11, Halachah 5.
The Rama (Yoreh De'ah 124:24) states that in the present era, most gentiles are not idolaters. Therefore, if they touch wine unintentionally, the wine is not forbidden at all.
22.
According to Scriptural Law, as long as the gentile does not touch the wine, it is not forbidden. Although our Sages forbade wine which he shook without touching as a safeguard, that applies only when the gentile intentionally touches the container of the wine (see Avodah Zarah 58a).
23.
Shaking it (Kessef Mishneh). According to the Rambam, this applies even though he did not know for certain that the article he touched was wine. The Ra'avad differs and maintains that the gentile must know that the container contains wine when shaking it. Otherwise, it is not forbidden. The Shulchan Aruch (Yoreh De'ah 124:12) quotes the Rambam's ruling.
26.
In this instance, it is permitted to benefit from the wine, because the gentile is considered to have touched it without intending to. See Halachah 5. According to the Rama's view that the gentiles of the present age are not considered as idolaters, there is no prohibition against using such wine at all. This leniency should be accepted if a significant loss is involved (Siftei Cohen 124:55). This concept also applies to the remainder of the instances mentioned in this halachah.
27.
In these instances, since the gentile did not touch the wine directly, merely by means of another entity, it is not forbidden to benefit from it.
28.
Rashi, Avodah Zarah 60a, states that it is not forbidden to benefit from this wine, because this is not the ordinary way that one makes a libation. Kin'at Eliyahu asks: Since the wine is boiling, the entire prohibition against gentile wine seemingly should not apply, as stated in Chapter 11, Halachah 9?
29.
In this instance also, the gentile did not touch the wine directly. Hence it is permitted to benefit from it.
The Ra'avad protests to this ruling, stating that if he threw the barrel into the cistern in anger, the wine in the cistern is not forbidden at all. Even if he intentionally threw the barrel into the cistern, it is still permitted to benefit from the wine for the reason mentioned. The Radbaz notes that the wording of Avodah Zarah, loc. cit., appears to support the Ra'avad's perspective, for it states that our Sages hikshiru, "considered acceptable," the wine. He, however, cites a passage from the Jerusalem Talmud (Avodah Zarah 4:11) which appears to fit the Rambam's perspective. The Shulchan Aruch (Yoreh De'ah 124:19) quotes the Rambam's view. Nevertheless, the commentaries note that in Yoreh De'ah 125:5, the Shulchan Aruch, appears to support the Ra'avad's view.
30.
For we assume that in his happiness over being saved, he will offer the wine as a libation to his false deity (Avodah Zarah, loc. cit.). The Turei Zahav 124:19 states that if the gentile was alive when taken from the cistern, the wine is forbidden even if he dies immediately afterwards.
31.
One may not even benefit from it. Since the wine would have flowed out had the gentile not place his finger there, our Sages considered it as if he touched all of that wine.
32.
Because this wine was not affected by the gentile's touch at all. Although this wine is touching the wine that is forbidden, it is not forbidden. The Ra'avad objects to such a ruling, maintaining that the entire barrel should be considered as mixed together. The Radbaz and the Kessef Mishneh justify the Rambam's ruling, explaining that had the gentile inserted his finger in the hole and touched the wine, the entire barrel would have been forbidden. Here, however, we are speaking about an instance where the gentile stopped the wine from flowing by placing his finger on the outside. Therefore the wine above the hole is forbidden because it was affected by his power, as stated in the following halachah. This is merely a Rabbinic decree. Hence, the wine below the hole is not forbidden at all. The Tur and the Shulchan Aruch (Yoreh De'ah 124:23) follow the Ra'avad's view. See also Hilchot Tum'at Ochalin 8:6.
33.
This ruling applies when the opening to the outflow pipe is placed at the bottom of the barrel, so that all the wine would actually have flowed out had the gentile allowed it to. If it was not placed at the bottom of the barrel, the laws mentioned in the previous halachah apply (Radbaz; Siftei Cohen 124:69).
34.
From the Rambam's wording, it appears that this ruling applies with regard to all gentile wine, even when it was not known to have been used as a libation for a false deity. The Rambam, moreover, appears to forbid benefit from the wine, not only partaking of it. The Ra'avad rules that it is permitted to benefit from the wine, but not to partake of it. The Tur (Yoreh De'ah 126) mentions the opinion of Rabbbenu Tam which is more lenient, ruling that this stringency does not apply to ordinary gentile wine. He rules that it is even permitted to partake of the wine. The Shulchan Aruch (Yoreh De'ah 126:1-2) follows the ruling of the Maharam of Rutenburg, who states the Rambam's stringency should be followed only when a small loss is involved. If there is a significant loss involved, we may rely on the perspective of Rabbenu Tam.
See also the Tur who mentions a perspective that maintains that the above stringency applies only to wine used as a libation for a false deity, but not to ordinary gentile wine.
35.
Compare to Hilchot Tumat Ochalin 7:1,5 where this principle is not applied. It appears that it is applied in this instance because of the stringency of the prohibition against gentile wine.
36.
Because the wine held back in the funnel is forbidden because of the connection to the column of wine that extends to the gentile's utensil.
38.
The Kessef Mishneh offers the following interpretation of the Rambam's wording: As long as the funnel was washed thoroughly, even if it was not dried out, it does not cause other wine to become forbidden. He also, however, makes a distinction between a funnel that has been used by a gentile frequently and one that was used just once. In the former instance, he states, it is possible that washing it thoroughly alone is not sufficient.
39.
I.e., it is forbidden to benefit from the entire quantity of wine [Shulchan Aruch (Yoreh De'ah 124:11)]. According to the Rama, one is permitted to benefit from the wine if the loss will be significant (Siftei Cohen 124:23).
The rationale for the prohibition is that the wine in the container will mix with the small quantity of gentile wine in the funnel and become forbidden.
41.
Since the wine which the Jew is drinking and that which the gentile is drinking are flowing in opposite directions, they are not considered to be connected.
42.
For it was his sucking that drew it into the outflow pipe. When that wine returns to the container and becomes mixed with the wine in the container, all the wine becomes forbidden as indicated by the following halachah.
44.
A Talmudic measure equivalent to approximately a kilometer. The Lechem Mishneh notes that as stated in Hilchot Mitamei Moshav UMerkav 13:5, a mil is not a cut off point. As long as the gentile has reason to fear that the Jew will appear suddenly, the wine is permitted.
45.
These words will imply to the porters that he will not be coming immediately. Hence there is reason to fear that they will take from the wine.
47.
Implied is that one is permitted to benefit from it. The rationale is that since the barrel is sealed, we follow the principle stated in Chapter 13, Halachah 9. See also the Rama (Yoreh De'ah 129:1) who rules that if the loss is significant, we may rely on the views that one seal is sufficient.
49.
One may drink it. For the gentile will be afraid to touch the wine, for he will never feel that the Jew has left him alone with the opportunity to do whatever he wants.
50.
As in the previous halachah, since the gentile knows that the Jew is departing for a significant period, we fear that he will use the opportunity to take the wine.
51.
See the Rambam's Commentary to the Mishnah (Avodah Zarah 5:4) which explains why it is necessary to mention all three instances: the store, the wagon, and the ship.
52.
The Tur and the Shulchan Aruch (Yoreh De'ah 129:1) state that this applies only when the Jew went on a side path that would enable him to surprise the gentile. If, however, he follows the ordinary path, the wine is forbidden. For the gentile will watch to see whether he is coming.
53.
And thus: a) the wine is easily accessible, and b) the barrel does not have to be sealed close to hide the fact that one took from the wine.
54.
It would appear that according to the Rambam, it is even forbidden to benefit from the wine (Kessef Mishneh).
55.
We assume that he will touch the wine on the table, because it is open before him. But we don't think that he will take the risk of appearing as a thief by touching the wine on the counter. For it is not proper for a guest to take food left on the counter until the host has it brought to the table [the Rambam's Commentary to the Mishnah (Avodah Zarah 5:5)].
The Shulchan Aruch (Yoreh De'ah 129:7) rules slightly more stringently, stating that any wine which is in the gentile's reach is forbidden.
56.
Since the Jew gave him license, we have no reason to think that he will restrain himself. Here, too, the Shulchan Aruch (loc. cit.) rules more stringently, stating that if the Jew remains outside for a prolonged period (as mentioned in the previous halachah), even the closed barrels are forbidden.
58.
As above, when quoting this law, the Shulchan Aruch (Yoreh De'ah 129:7) mentions the possibility of the Jew coming from a side path and surprising the gentile. If this is not possible, that source does not accept this leniency.
59.
Avodah Zarah 70a (the Rambam's source) and the Shulchan Aruch (Yoreh De'ah 129:9) state that this leniency applies when the Jew and the gentile live in a two-storey home, with the Jew living in the upper storey. The Rambam does not appear to think that is necessary (Kessef Mishneh).
60.
The Kessef Mishneh states that the Rambam chose his words carefully. This leniency is granted because they left in agitation. Hence, it was probable that they would not notice each other outside. If, however, they left with calm reserve, it is possible that the gentile would have looked to see that the Jew was not returning and then entered his home and touched his wine.
The Rama (Yoreh De'ah 129:9) quotes this understanding as halachah. The Turei Zahav 129:19, however, differs, explaining that even when a person leaves his home in an agitated state, he will not necessarily return in an agitated state.
61.
If, however, we do not know that the door was locked - even though it was closed and it has a lock - the wine is permitted (Turei Zahav 128:5).
62.
If, however, the Jew's barrels were closed, the wine in the closed barrels is permitted unless the gentile remained in the closed building alone for the time it would take to open a barrel, seal it closed again, and for its lid to dry, as stated in Halachah 16 [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 128:3)].
63.
I.e., in an inn, there were several wine cellars, one in which a Jew stored wine and one in which a gentile stored wine (Kessef Mishneh).
64.
I.e., if he was brought before the judges of a city on the complaint that he touched the wine, the judges would consider him a thief [Rashi (Avodah Zarah 61b)]. The Kessef Mishneh states that it is possible that the Rambam interprets the term differently, understanding it as meaning "if he would think he would be considered a thief." According to this interpretation, it could refer not only to the gentile's touching the wine, but also entering the wine cellar.
To explain: Since the gentile also stores wine in that inn, he has permission to be in the inn, but he does not necessarily have permission to be in the Jew's wine cellar. This is precisely the question the Rambam is focusing on. Would the gentile be considered as a thief for being found in the Jew's wine cellar or not?
66.
For a baby never pours wine as a libation. In Chapter 11, Halachah 5, the Rambam states that it is forbidden to drink wine touched by a gentile baby. Here, he permits the wine entirely, because we are not certain that the baby in fact touched the wine. The Radbaz explains the rationale for the Rambam's ruling.: Since the baby does not think of using the wine as a libation, there is no reason for it to trouble itself and touch it.
67.
The Rambam's wording appears to imply that the open barrels in the homes are permitted. The soldiers would take the liberty of entering stores and making themselves free with their contents. They would not, however, feel that confident to enter homes. The Radbaz objects to this interpretation, noting that we see that soldiers often enter homes to loot. Indeed, when mentioning this law, the Shulchan Aruch (Yoreh De'ah 129:12) speaks of homes and not stores.
Compare also to Hilchot Issurei Bi'ah 18:26 which discusses a similar situation with regard to the question whether the women of the town have been raped.
68.
We can be certain that had the soldiers open the wine for use as a libation, they would not have taken the trouble of closing them again [Kessef Mishneh, Shulchan Aruch (loc. cit.)].
69.
The Kessef Mishneh states that if a barrel was closed and it is discovered open, it is forbidden. For we see that the soldiers did have time to touch the wine.
70.
The Kessef Mishneh explains the Rambam's ruling as follows: If the wine is security for a debt owed the gentile, the gentile will certainly not be considered a thief for touching the wine. Therefore it is forbidden. If the wine is not considered as security for a loan, when the gentile would be considered as a thief, the wine is permitted. When he would not be considered as a thief, it is forbidden.
71.
This applies even if the Jew owes him money, and the loan is due, but he has not designated the wine as security for the debt [Rashi (Avodah Zarah 60a); Shulchan Aruch (Yoreh De'ah 128:2)].
72.
Although the Jews are willing to give in to their lust for forbidden relations, they are not suspect to drink gentile wine (Avodah Zarah 69b). Even the gentile harlot realizes this.
74.
Since they are employing her as a harlot, they look down upon her and show no consideration for her religious obligations.
78.
We are not certain that the gentile try to touch the wine. Even if he did try to touch the wine, there is no reason for a prohibition, for we are speaking of a dry winepress. Hence washing it out is certainly sufficient (Radbaz).
79.
The Shulchan Aruch (Yoreh De'ah 129:17) quotes this law as applying only in situations when there are obstructions in the river that prevent wine from being carried down the river from other places. In such a situation, we follow the principle of rov, i.e., since the majority of the city's inhabitants are Jewish, we assume that the barrel came from one of them. We are, nevertheless, forbidden to drink the wine. See the notes to the following halachah.
80.
In his Kessef Mishneh, Rav Yosef Caro questions the Rambam's ruling. The Rambam's logic appears to be that since it is obvious that the wine came from a wine merchant and most of the wine merchants are Jewish, we follow the majority and rule that the wine is permitted. Nevertheless, since the majority of the inhabitants of the town are gentile, we forbid drinking the wine. The Kessef Mishneh asks: "If we fear that the gentile touched the wine, it should be forbidden to benefit from it as well. And if not, it should be permitted to drink it." Indeed, he proposes that perhaps the Rambam's intent is that it is permitted to benefit only from the barrels. In his Shulchan Aruch (Yoreh De'ah 129:19), he follows the Rambam's ruling. Based on his Beis Yosef, it is possible to explain that we are speaking about closed barrels. We assume that had a gentile opened them and touched the wine, he would not have closed them again. Alternatively, since we do not know for certain that the gentile touched the wine, we do not forbid benefiting from it.
Ma'achalot Assurot - Chapter 13
1
[The following rules apply when a Jew] purchases or rents a building in a courtyard belonging to a gentile and fills it with wine. If the Jew lives in that courtyard, the wine is permitted even if the entrance is open. [The rationale is that] the gentile will always worry, saying: "He may suddenly enter his building and find me there." If the Jew lives in another courtyard,1 he should not depart until he closes the building and keeps the key and the seal2 in his possession. He need not fear that the gentile will make a copy of the key to the building.
א
הלוקח בית או ששכר בית בחצירו של עכו"ם ומלאהו יין אם היה הישראלי דר באותה חצר אף על פי שהפתח פתוח היין מותר מפני שהעכו"ם מפחד תמיד ואומר עתה יכנס לביתו פתאום וימצא אותי בתוך ביתו ואם היה דר בחצר אחרת לא יצא עד שיסגור הבית ויהיה המפתח והחותם בידו ואינו חושש שמא יזייף העכו"ם מפתח הבית:
2
When [the Jew] left [the building] without closing the entrance or closed it and gave the key to the gentile, it is forbidden to drink the wine. Perhaps the gentile entered and poured a libation, for the Jew is not present there.3
If [the Jew] told [the gentile]: "Hold the key for me until I come," the wine is permitted. He did not entrust him with guarding the house, only with guarding the key.4
ב
יצא ולא סגר הפתח או שסגר והניח המפתח ביד עכו"ם הרי היין אסור בשתיה שמא נכנס העכו"ם ונסך שהרי אין הישראלי שם ואם אמר לו אחוז לי מפתח זה עד שאבוא היין מותר שלא מסר לו שמירת הבית אלא שמירת המפתח:
3
[The following laws apply when] a gentile hires a Jew to prepare wine for him in a state of ritual purity5 so that it will be permitted to the Jews and they will purchase it from wine. The wine is [stored] in a building belonging to the gentile. If the Jew who is guarding the wine lives in that courtyard, the wine is permitted. [This applies] even if the entrance is open and the [Jewish] guard goes out and returns.6
If the guard lives in another courtyard,7 the wine is forbidden even though the key and the seal are in the possession of a Jew. [The rationale is that] since the wine belongs to the gentile and is found in his domain, he does not fear falsifying [the seal and/or key] and to enter the building. He will say: "What could be? If they find out about this, they will not purchase [the wine] from me."8
ג
עכו"ם ששכר ישראל לדרוך לו יינו בטהרה כדי שיהיה מותר לישראל ויקחוהו ממנו והיה היין בביתו של עכו"ם אם היה ישראל זה ששומר היין דר באותה חצר היין מותר ואע"פ שהפתח פתוח והשומר נכנס ויוצא ואם היה השומר דר בחצר אחרת היין אסור ואף על פי שהמפתח והחותם ביד ישראל שכיון שהיין של עכו"ם וברשותו אינו מפחד לזייף ולהכנס לבית ויאמר ויהי מה אם ידעו בו לא יקחו ממני:
4
Even if a gentile wrote [a legal document] for the Jew stating that he received the money for which he agreed to sell him the wine,9 since the Jew cannot remove the wine from the gentile's domain until he pays him the money, the wine belongs to the gentile and it is forbidden unless the guard lives in the courtyard.
The guard does not have to sit and guard [the wine] at all times. Instead, he may come in and go out, as explained. [This applies whether the wine is stored] in the domain belonging to the owner of the wine or in a domain belonging to another gentile.
ד
אפילו כתב העכו"ם לישראל שנתקבל ממנו המעות למכור לו בהן יין הואיל ואין הישראלי יכול להוציאו מרשות העכו"ם עד שיתן לו המעות הרי הוא של עכו"ם ואסור אלא אם היה השומר דר שם בחצר ואין השומר צריך להיות יושב ומשמר תמיד אלא נכנס ויוצא כמו שביארנו בין ברשות בעל היין ברשות עכו"ם אחר:
5
When the pure wine belonging to a gentile was placed in the public domain or in a building that is open to the public domain and there are Jews going back and forth, it is permitted.10 For it has not entered the gentile's domain.
ה
היה יין זה הטהור של עכו"ם מונח ברשות הרבים או בבית הפתוח לרשות הרבים וישראל הולכים ושבים מותר שעדיין לא נכנס ברשות העכו"ם:
6
[When wine is located] in a garbage dump, a window, or under a palm tree even if it does not have fruit, it is as [if it is located in] the public domain.11When a gentile is located near wine located in such a place, it is not forbidden. A house which is open to such a place is considered as if it as open to the public domain.
ו
ואשפה וחלון ודקל אף על פי שאין בו פירות הרי אלו כרשות הרבים וחבית יין שם ועכו"ם הנמצא שם אינו אוסרה ובית הפתוח לשם הרי הוא כפתוח לרשות הרבים:
7
[The following rule applies when] there is a courtyard divided by low barriers,12 on one side there is a gentile and on the other, a Jew, there are two roofs, with the Jew's roof located above the gentile's roof, or [the two roofs are located] side by side, but there are dividers separating them. Even though the gentile can reach the Jew's portion, he need not worry about [the gentile pouring] his wine as a libation13 or [disqualifying] articles that are ritually pure.14
ז
חצר החלוקה במסיפים ועכו"ם בצד זה וישראל בצד אחר וכן שני גגין שהיה גג ישראל למעלה וגג העכו"ם למטה או שהיו זה בצד זה ויש ביניהן מסיפים אע"פ שיד העכו"ם מגעת לחלק ישראל אינו חושש משום יין נסך ולא משום טהרות:
8
It is permitted for a Jew to entrust his wine to a gentile for safekeeping in a closed container, provided it has two distinguishing marks. This is referred to as "a seal within a seal."15
What is implied? [A Jew] closed a barrel with a utensil that is not tightly fitting as most people do and then sealed it with clay, it is considered as one seal. If the container is tightly fitting and he applied clay to it from above, it is considered as "a seal within a seal."
Similarly, if one tied the opening to a wineskin close, it is considered as one seal. If he turned the opening to the wineskin inside and then tied it close, it is considered as "a seal within a seal." Similarly, any deviation from the ordinary pattern people follow is considered as one seal and applying clay or tying it is a second seal.16
ח
מותר לישראל להפקיד יינו בכלי סתום ביד עכו"ם והוא שיהיה לו בו שני סימנין וזה הוא הנקרא חותם בתוך חותם כיצד סתם החבית בכלי שאינו מהודק כדרך שסותמין כל אדם וטח בטיט הרי זה חותם אחד היה כלי מהודק וטח עליו מלמעלה הרי זה חותם בתוך חותם וכן אם צר פי הנוד הרי זה חותם אחד הפך פי הנוד לתוכו וצר עליו הרי זה חותם בתוך חותם וכן כל שינוי שמשנה מדברים שאין דרך כל אדם הרי הן כחותם אחד והטיחה או הקשירה חותם שני:
9
If [a Jew] entrusted [wine that was closed] with one seal to a gentile for safekeeping, it is forbidden to drink it, but it is permitted to benefit from it provided he designates a [specific] corner for it.17
ט
ואם הפקיד ביד עכו"ם בחותם אחד הרי זה אסור בשתייה ומותר בהנייה והוא שייחד לו קרן זוית:
10
Two seals are not necessary when one deposits boiled wine, beer, wine which is mixed with other substances, e.g., honey or oil,18 vinegar, cheese, and any substance that is forbidden only according to Rabbinic Law with a gentile. Instead, one seal is sufficient.19 Nevertheless, two seals are necessary for wine, meat, and pieces of fish that do not have signs and which were entrusted to a gentile.20
י
יין מבושל והשכר או יין שעירבו עם דברים אחרים כגון דבש ושמן וכן החומץ והגבינה והחלב וכל שאיסורו מדברי סופרים שהפקידו ביד עכו"ם אינו צריך שני חותמות אלא חותם אחד בלבד דיו אבל היין והבשר וחתיכת דג שאין בה סימן שהפקידן ביד עכו"ם צריכין שני חותמות:
11
It appears to me that anywhere in this context that we have stated that our wine is forbidden to be drunk, but it is permitted to benefit from it because of the possibility that a gentile touched it, we are speaking about an instance where the gentile is an idolater. If, however, the prohibition has arisen because of a gentile who is not an idolater, e.g., an Arab,21 who touched our wine unintentionally or tapped the top of a barrel,22 [the wine] is permitted to be drunken. Similar laws apply in all analogous situations.
יא
יראה לי שכל מקום שאמרנו בענין זה ביין שלנו שהוא אסור בשתייה ומותר בהנייה מפני צד נגיעה שנגע בו העכו"ם כשהיה העכו"ם עובד עכו"ם אבל אם היה איסורו בגלל עכו"ם שאינו עובד עכו"ם כגון ישמעאלי שנגע ביין שלנו שלא בכוונה או שטפח על פי החבית הרי זה מותר בשתייה וכן כל כיוצא בזה:
12
When, however, one deposits wine in the domain of a resident alien23 sends wine with him and departs for an extended period, or leaves one's home open in a courtyard that [one shares with] a resident alien, it is forbidden to drink the wine. For it appears to me that the suspicions that a gentile will exchange [wine] and forge [a seal] apply equally to all gentiles. Since the wine enters their domain,24 it is forbidden at least to drink it.25
יב
אבל המפקיד יין ביד גר תושב או ששלחו עמו והפליג או שהניח ביתו פתוח בחצר גר תושב הרי זה אסור בשתייה שכל חשש של חלוף וזיוף יראה לי שכל העכו"ם שוים בו הואיל ונעשה היין ברשותן נאסר בשתייה על כל פנים:
13
There are situations where the prohibition against wine poured as a libation does not apply at all, yet our Sages forbade them as a safeguard against libation. They are: a gentile should not mix water into wine in a Jew's possession lest he come to pour wine into water. A gentile should not bring grapes to the winepress lest he come to press them or touch the wine. He should not help a Jew when he pours wine from one container to another lest he leave the wine in the possession of the gentile and the wine [flow] because of [the gentile's] power. If the gentile assists [the Jew], mixes water [into wine] or brings grapes, [the wine] is permitted.26
יג
יש דברים שאין בהם איסור ניסוך כלל ואסרו אותם חכמים כדי להרחיק מן הניסוך ואלו הן לא ימזוג העכו"ם המים לתוך היין שביד ישראל שמא יבא לצוק היין לתוך המים ולא יוליך העכו"ם ענבים לגת שמא יבוא לדרוך או ליגע ולא יסייע לישראל בשעה שמריק מכלי לכלי שמא יניח הכלי ביד העכו"ם ונמצא היין בא מכחו ואם סייע או מזג המים או הביא ענבים מותר:
14
Similarly, it is permitted for a gentile to smell the fragrance of our wine27 and it is permitted for a Jew to smell the fragrance of a barrel of wine that had been used as a libation.28There is no prohibition against this, because fragrance is of no consequence since it has no substance.29
יד
וכן מותר שיריח העכו"ם בחבית של יין שלנו ומותר לישראל להריח בחבית של יין נסך ואין בזה שם איסור שאין הריח כלום לפי שאין בו ממש:
15
We already explained,30 that whenever it is forbidden to benefit from a substance, if one transgresses and sells it, it is permitted [to make use of] the money with the exception of false deities, their accessories, offerings made to them, and wine poured as a libation to it. Our Sages were stringent with regard ordinary gentile wine [and ruled that] money given for it is forbidden like money given for wined poured as a libation to a false deity.
Accordingly, when a gentile hires a Jew to work with him with wine, his wages are forbidden.31
טו
כבר ביארנו שכל דבר שהוא אסור בהנייה אם עבר ומכרו דמיו מותרין חוץ מעכו"ם ומשמשיה ותקרובת שלה ויין שנתנסך לה והחמירו חכמים בסתם יינם להיות דמיו אסורין כדמי יין שנתנסך לעכו"ם לפיכך עכו"ם ששכר את ישראל לעשות עמו ביין שכרו אסור:
16
Similarly, when a person rents a donkey or a boat to transport wine, the payment for them is forbidden.32 If he gave him money, he should bring them to the Dead Sea.33 If he gave him clothes, utensils, or produce as payment, he should burn it and bury the dust so that he34 does not benefit from it.
טז
וכן השוכר את החמור להביא עליו יין או ששכר ספינה להביא בה יין שכרן אסור אם מעות נתנו לו יוליכן לים המלח ואם נתנו לו בשכרו כסות או כלים או פירות הרי זה ישרוף אותן ויקבור האפר כדי שלא ליהנות בו:
17
If a gentile rented a donkey to ride and placed containers of wine on it, the rental fee for the donkey is permitted.35 If [a gentile] hires a Jew to break barrels of wine used as a libation, his fee is permitted. May he be blessed because he eliminated obscenity.
יז
שכר לעכו"ם חמור לרכוב עליו והניח עליו לוגין של יין שכרו מותר שכרו לשבר כדי יין נסך שכרו מותר ותבוא עליו ברכה מפני שממעט בתיפלה:
18
When a person hires a worker and tells him: "Transport 100 barrels of beer for me for 100 p'rutot," and it is discovered that one of them is [gentile] wine, his entire wage is forbidden.36
יח
השוכר את הפועל ואמר לו העבר לי מאה חביות של שכר במאה פרוטות ונמצא אחת מהן יין שכרו כולו אסור:
19
If he told him: "Transport barrels for me at a p'rutah each," and he transported them and barrels of wine were discovered among them, the wage for the barrels of wine is forbidden. The remainder of the wage is permitted.37
יט
אמר לו העבר לי חבית בפרוטה חבית בפרוטה והעביר ונמצא ביניהן חביות של יין שכר חביות של יין אסור ושאר שכרו מותר:
20
When a gentile sends Jewish craftsmen a barrel of wine as part of their wages, it is permitted for them to tell him: "Give us its worth."38 Once it enters their domain, it is forbidden.39
כ
אומני ישראל ששלח להם עכו"ם חבית של יין בשכרן מותר שיאמרו לו תן לנו את דמיה ואם משנכנסה לרשותן אסור:
21
When a gentile owed a Jew a maneh,40 it is permitted for the gentile to sell a false deity and wine that had been poured as a libation and bring him the money. If, before he sells them, he tells [the Jew]: "Wait until I sell the false deity or libation wine that I own and [then] I will bring you [the money]," if he sells it and brings [the money] to him, [the money] is forbidden. [This applies] even with regard to ordinary gentile wine. [The rationale is that] the Jew desires that [the false deity or the wine] to continue to exist so that he will be able to pay him his debt.41
כא
ישראל שהיה נושה בעכו"ם מנה הלך העכו"ם ומכר עכו"ם ויין נסך והביא לו דמיהן הרי זה מותר ואם אמר לו קודם שימכור המתן לי עד שאמכור עכו"ם או יין נסך שיש לי ואביא לך אף על פי שהוא סתם יינו ומכר והביא לו הרי זה אסור מפני שהישראלי רוצה בקיומו כדי שיפרע ממנו חובו:
22
Similarly, when a convert and a gentile were partners and they came to divide the resources [of the partnership], the convert may not tell the gentile: "You take the false deity and I will take the money. You take the wine and I will take the produce." [The rationale is that] he desires that [the forbidden entities] continue to exist so that he will be able to receive something in exchange for them.42
When, by contrast, a convert and a gentile inherit the estate of their father who was a gentile, [the convert] may tell [the gentile]: "You take the false deity and I will take the money. You take the wine and I will take the oil." This is a leniency granted with regard to an estate inherited by a convert so that he will not return to his deviant ways.43 If [the forbidden entities] entered the domain of the convert, it is forbidden.44
כב
וכן גר ועכו"ם שהיו שותפין ובאו לחלוק אין הגר יכול לומר לעכו"ם טול אתה עכו"ם ואני מעות אתה יין ואני פירות שהרי רוצה בקיומן כדי שיטול כנגדן אבל גר ועכו"ם שירשו את אביהן עכו"ם יכול לומר לו טול אתה עכו"ם ואני מעות אתה יין ואני שמן קל הוא שהקלו בירושת הגר כדי שלא יחזור לסורו ואם משבאו לרשות הגר אסור:
23
[The following rules apply when] a Jew sells his wine to a gentile. If he established a price before he measured out [the wine], the money is permitted. [The rationale is that] from the time a price was established, [the gentile] definitely agreed [to the purchase] and when he pulled [the wine] into his domain, he acquired it.45 And it does not become [comparable to] wine offered as a libation until he touches it. Therefore at the time of sale, it was permitted.
If he measured it out for him before he established a price, the money is forbidden. [The rationale is that the gentile] did not definitely agree [to the purchase], even though he pulled [the wine] into his domain.46 Thus at the time he touched [the wine], he had not definitely agreed to the purchase. Hence the wine becomes forbidden because of his touch and it is as if [the Jew] is selling gentile wine.
כג
ישראל שמכר יינו לעכו"ם פסק עד שלא מדד לו דמיו מותרין שמשפסק סמכה דעתו ומשמשך קנה ויין נסך אינו נעשה עד שיגע בו נמצא בשעת מכירה היה מותר מדד לו עד שלא פסק הדמים דמיו אסורין שהרי לא סמכה דעתו אע"פ שמשך ונמצא כשנגע עדיין לא סמכה דעתו ליקח ונאסר היין בנגיעתו והרי זה כמוכר סתם יינם:
24
When does the above apply? When the Jew measured [the wine] into his own containers. If, however, he measured it into the gentile's containers or to a container belonging to a Jew in the gentile's possession, he must take the money,47 before measuring out [the wine]. If he measured out [the wine,] but did not take the money, the money is forbidden even though he established a price. As soon as [the wine] enters [the gentile's] container, it is forbidden as ordinary gentile wine.48
כד
במה דברים אמורים בשמדד הישראלי לכליו אבל אם מדד לכלי העכו"ם או לכלי ישראל שביד העכו"ם צריך ליקח את הדמים ואח"כ ימדוד ואם מדד ולא לקח דמים אף על פי שפסק דמיו אסורים שמשיגיע לכלי נאסר כסתם יינם:
25
When [a Jewish employer] gives a dinar to a gentile storekeeper and tells his gentile employee: "Go, drink, and eat [on my account] from the storekeeper and I will settle the accounts with him," he must show concern lest [the employee] will drink wine.49 Thus it will be as if he purchased wine used as a libation and gave it to him.
A similar arrangement with regard to the Sabbatical year50 is also forbidden; i.e., one gives a dinar to a Jewish storekeeper who is a common person and tells his Jewish employee: "Go, drink, and eat [on my account] from the storekeeper and I will settle the accounts with him." If the worker eats food that was not tithed, it is forbidden.51
כה
הנותן דינר לחנוני עכו"ם ואמר לפועלו העכו"ם לך ושתה ואכול מן החנוני ואני מחשב לו הרי זה חושש שמא ישתה יין שזה כמי שקנה לו יין נסך והשקהו וכנגד זה בשביעית אסור כגון שנתן דינר לחנוני ישראל עם הארץ ואמר לפועלו הישראלי לך ואכול ואני מחשב לו ואם אכל הפועל דבר שאינו מעושר אסור:
26
If, however, he told them: "Eat and drink the worth of this dinar," or "Eat and drink from the storekeeper on my account and I will pay him," this is permitted. Although the Jew becomes liable, his liability is not specifically related [to the foods from which the employees partake].52 [Therefore,] he need not be concerned, not about wine used as a libation, not about produce of the Sabbatical year, nor about untithed produce.53
כו
אבל אם אמר להם אכלו ושתו בדינר זה או שאמר להם אכלו ושתו עלי מן החנוני ואני פורע אע"פ שנשתעבד הואיל ולא נתייחד שעבודו הרי זה מותר ואינו חושש לא משום יין נסך ולא משום שביעית ולא משום מעשר:
27
[The following rules apply when] a [gentile] king distributes his wine among the people and takes money for it, as he desires.54 A [Jew] may not tell a gentile: "Take 200 zuz and go into the king's storehouse in place of me," so that the gentile will take the wine designated for the Jew and give the money to the king.55He may, however, tell him: "Here is 200 zuz for you. Save me from [going to] the storehouse."56
כז
מלך שהיה מחלק יינו לעם ולוקח מהן דמיו כפי מה שירצה אל יאמר אדם לעכו"ם הא לך מאתים זוז והכנס תחתי באוצר המלך כדי שיקח עכו"ם היין שכתבו בשם ישראל ויתן העכו"ם הדמים למלך אבל אומר לו הא לך מאתים זוז ומלטני מן האוצר:
28
When a gentile touches57 a Jew's wine against [the Jew's] will,58 it is permitted to sell that wine to that gentile alone.59[The rationale is] since that gentile wished to cause a Jew a loss [by] having his wine forbidden, it is as if he destroyed it or burnt it, in which instance, he would be obligated to pay. Thus the money [the Jew] takes from him is money for the loss and not money for a sale.60
כח
עכו"ם שנגע ביינו של ישראל לאונסו מותר למכור אותו יין לאותו העכו"ם שאסרו לבדו שכיון שנתכוון זה העכו"ם להזיקו ולאסור יינו הרי זה כמו ששברו או שרפו שחייב לשלם ונמצאו הדמים שלוקח ממנו דמי ההיזק ולא דמי המכירה:
FOOTNOTES
2.
Implied is that the entrance is closed with two seals, as required by Halachah 8. The Rama (Yoreh De'ah 130:2) writes that since in the present age, most gentiles are not idolaters, only one seal is necessary. The Siftei Cohen 130:11) states that this principle should be applied in the present instance.
3.
Nevertheless, since we do not know for certain that the gentile touched the wine, we do not forbid benefiting from it (Radbaz).
4.
Since the gentile was not given permission to enter the house, he would be considered as a thief if he did so. Hence, we assume that he did not enter the home to pour a libation.
The Ra'avad states that the Rambam's words apply only when the house belongs to the Jew. When, however, the house belongs to the gentile, the wine is forbidden, even if he did not entrust him with the key. The rationale is that since the gentile has a connection to the house, he will have an excuse to enter it. Hence we fear that he entered it and touched the Jew's wine. The Radbaz defends the Rambam's ruling explaining that since the house is rented the owner does not have the right to enter it at will. The Shulchan Aruch (Yoreh De'ah 129:5) quotes the Rambam's ruling.
5.
We have translated the Rambam's words literally. The intent, however, appears to be not ritual purity per se, but "without contact with gentiles."
6.
I.e., he is not present at all times. Nevertheless, it is possible that he will return at any given moment. Hence, the gentile will not take liberties. See Halachah 4.
7.
Since he does not live on the premises, he is not considered as a permanent watchman. Hence, the fact that he enters from time to time during the day is not significant (Lechem Mishneh). The Ra'avad differs and maintains that as long as the Jew enters and leaves at will, that is sufficient to inhibit the gentile from touching the wine. [Significantly, in his Commentary to the Mishnah (Avodah Zarah 4:11), the Rambam adopts a position similar to that of the Ra'avad.]
The Tur and the Shulchan Aruch (Yoreh De'ah 131:1 adopt an intermediate position, stating that if there is another Jew living in that city and the entrance to the building where the wine is stored is visible from the public domain, the wine is permitted. For the owner will be afraid to break the lock to the door lest he be seen and the matter become known. (This approach is also mentioned in the Rambam's Commentary to the Mishnah (loc. cit).
9.
I.e., he wrote the bill of sale in advance, before the Jew actually paid to clarify that his intent was to sell it to him.
The Siftei Cohen 131:1 writes that these stringencies apply only if the Jew did not pay the gentile anything at all. Once the Jew pays the gentile something, the wine is considered his and more lenient rules apply. It is questionable, however, if the Rambam would accept this leniency, for as stated in Chapter 12, Halachah 25, he rules that as long as wine is security for a debt, a gentile creditor will feel free to do with it as he desires.
10.
Since Jews can see whether or not the gentile touches it, he is afraid to do so, lest his investment be ruined. See the Rambam's Commentary to the Mishnah (Avodah Zarah 4:11).
12.
Our translation follows Rashi's commentary to Avodah Zarah 70a. The Shulchan Aruch (Yoreh De'ah 129:16) defines the term as meaning pillars.
13.
Since the gentile would be considered as a thief for overstepping these boundaries, we do not fear that he would do so.
15.
The rationale is that we assume that a gentile will not trouble himself to reseal the container with two seals as the Jew had sealed it. Hence the fact that he founds it with the two seals he left it is a sign that it has not been tampered with.
16.
To apply these concepts in contemporary terms: When a bottle of wine is closed with a cork or a bottle-cap, that is one seal. If there is a paper or plastic wrapper around the cork or the cap, that is the second seal.
17.
Based on Avodah Zarah 31a, some interpret this as is speaking about an instance where the corner the gentile grants the Jew is closed off with a seal. The Rama (Yoreh De'ah 130:2) writes that there are opinions which rule that after the fact, one seal is sufficient in this situation.
The Lechem Mishneh explains that even if the place is not closed off, since it is designated for the Jew, one seal is sufficient. See Turei Zahav 130:4).
18.
For in none of these instances do we fear that the gentile will use the beverage for a libation, as stated in Chapter 11, Halachot 9-10.
19.
In these instances, we fear that the gentile will exchange another substance, for the substance deposited. One seal is sufficient to dispel these suspicions (Lechem Mishneh).
20.
Since the prohibition involved in these instances is Scriptural in origin, we are more stringent.
21.
See Chapter 11, Halachah 7. That halachah states that when a gentile who is not an idolater touches wine, it is only forbidden to drink it. In this instance, since the gentile did not intend to touch the wine, we are more lenient and do not forbid it at all (Radbaz).
As mentioned previously, the Rama (Yoreh De'ah 124:24) rules that in the present era, none of the gentiles are considered as idolaters and the leniency suggested by the Rambam applies universally. On that basis, he and the subsequent Ashkenazic authorities have suggested several leniencies.
23.
A gentile who has made a formal commitment to accept the Seven Universal Laws Commanded to Noah and His Descendants. These include the prohibition against worshipping false divinities.
25.
For we fear that he exchanged it with his own wine and it is forbidden to drink such wine. Although a resident alien also accepted the prohibition against theft, we fear that he - and certainly, other gentiles - will not abide by his commitment (Radbaz).
26.
For these are merely safeguards. Although Rashi (Avodah Zarah 58b) and other Rishonim rule more stringently, the Shulchan Aruch (Yoreh De'ah 125:3,6,7) accepts the Rambam's position.
27.
Doing so does not arouse a suspicion that perhaps he used it as a libation for his false deity. Smelling is not considered as tasting or drinking.
29.
See the conclusion of Ch. 5 of Hilchot Meilah, where the Rambam delivers a slightly contradictory ruling.
35.
For the rental fee was not primarily paid for the sake of the wine (Shulchan Aruch (Yoreh De'ah 133:3). The Radbaz emphasizes that this leniency applies when the donkey was rented primarily for human transport and, by the way, the gentile placed wine upon it. If, however, he rented it primarily to transport packages - and later the owner discovered that wine was included among them - the rental fee is forbidden even if the person also rides on the donkey.
36.
He is being paid for the entire work as a collective entity. Were he not to have transported all the barrels, he would not be paid at all (Rashi, Avodah Zarah 65a). Accordingly, the payment for transporting the beer was never distinct from that of the wine. Hence his entire wage is forbidden.
The Ra'avad differs and maintains that it is sufficient to destroy the wage paid for the forbidden barrels. The Shulchan Aruch (Yoreh De'ah 133:3) follows the Rambam's stringency.
37.
Since the wage was paid for each barrel individually, the wage paid for the barrels of beer is a separate and distinct entity. Hence it is not forbidden. Nevertheless, at the outset, it is forbidden to accept such a job [Shulchan Aruch (loc. cit.)].
39.
For then it is as if they are exchanging the wine for wine.
The Rama (Yoreh De'ah 132:3) writes that in the present age, (when gentiles are not actually idolaters,) a worker may return the barrel of wine even though it has entered his domain.
41.
Hence he has benefited from existence of the gentile wine. Hence, it is forbidden.
The Rama (Yoreh De'ah 132:7) states that, even if the Jew desires that the false deity continue to exist, leniency can be granted in an instance where the gentile has other resources to pay the debt or alternatively, when the debt is secured by a guarantor. Moreover, if all that is concerned is ordinary gentile wine, in the present age, there is no prohibition for the reason stated above.
42.
Here leniency is not granted, because the convert has a share in the entities belonging to the partnership. Thus he is exchanging money for a false deity.
43.
I.e., our Sages feared that the convert will be so disturbed about being unable to receive his inheritance, that he will forsake Jewish practice and return to his previous mode of conduct. This is undesirable, because once a person converts, he is a full-fledged Jew. If he conducts himself undesirably, his conduct affects the entire Jewish people.
44.
For they have already entered the domain of the convert and are, therefore, forbidden. Hence it is forbidden to exchange them for others, for then one will be deriving benefit.
45.
I.e., he acquires the wine through the kinyan of meshichah [see Maggid Mishneh, Hilchot Zechiyah UMatanah 1:14; Turei Zahav 132:4) and the money is considered as a loan which he owes the Jew.
The Radbaz questions why the Rambam mentions meshichah, drawing the wine into his own domain. Seemingly, once a price was established and the wine was poured, the gentile acquires it whether or not he performs meshichah immediately. Conversely, if meshichah finalizes the transaction, seemingly as long as a price was set before meshichah, the wine should be permitted
The Kessef Mishneh explains that the Rambam is speaking according to the common practice. It was customary to establish a price either before measuring the wine or after meshichah.
46.
For he fears that the Jew will ask an exorbitant price (Radbaz). Hence he always keeps the option of negating the sale.
47.
For the payment of the money formalizes the transfer of the wine (effecting a kinyan), Thus the gentile has paid for the wine before it entered his domain and became forbidden.
48.
There are several explanations for this ruling. The gentile left some of his wine in the container and thus as the Jew was pouring the new wine in, it became forbidden. Alternatively, the gentile was holding the container and moved it (see Chapter 12, Halachah 3). This is sufficient to cause the wine to become forbidden (Radbaz).
The Ra'avad objects to the Rambam's ruling, stating that (as the Rambam himself rules in Chapter 16, Halachah 29) if kosher wine becomes mixed with non-kosher wine, it is forbidden to drink it, but one may benefit from it. Nevertheless, he does not provide a rebuttal to the second explanation given above.
The Kessef Mishneh explains that since the wine in the container the gentile is holding becomes forbidden, the wine the Jew is pouring also becomes forbidden, as stated above in Chapter 12, Halachah 12.
49.
Since he gave the storekeeper the money in advance, it is as if he paid the storekeeper for what his worker would eat. Thus it is as if the worker is drinking the employer's wine.
50.
The Rambam's source (Avodah Zarah 58b) mentions both produce from the Sabbatical year and untithed produce, because it is possible that a common person is lax in his observance of both these mitzvot. Apparently, the Rambam also had this intent because he begins by mentioning produce of the Sabbatical year and concludes by mentioning untithed produce.
51.
I.e., it is forbidden for the employer to do this, because it would be considered as if he personally gave his employee produce from the Sabbatical year or untithed produce.
52.
I.e., he undertakes a financial obligation to the storekeeper, but since he does not pay him the money beforehand, that obligation is not explicitly associated with the food or drink of which the worker partakes.
53.
The Shulchan Aruch (Orach Chayim 450:6) mentions opinions that ate more stringent with regard to an employer taking financial responsibility for the food a gentile will eat on Pesach. The Turei Zahav 460:4 explains that with regard to Pesach, there is a greater reason for stringency, for it is almost certain that the gentile will eat chametz. In the situations mentioned in our halachah, by contrast, it is possible that none of the prohibitions will be violated, for the gentile will not want wine, nor the Jewish workers, the untithed or Sabbatical produce.
54.
A gentile king produced wine from the royal vineyard as a means of financing his nation's expenses. He would obligate each of the person's in his kingdom to buy a standard amount of wine. For a Jew, that represents a problem for the wine is gentile wine. Not only is it forbidden to drink it, it is forbidden to benefit from it. Thus not only may a Jew not partake of such wine, nor may he take it and sell it. He is forbidden even to purchase it from the king.
This represents the Rambam's interpretation of Avodah Zarah 71a. It is quoted by the Rashba and other Rishonim. Rashi, the Ra'avad, and others, however, have different interpretations of the passage. The Shulchan Aruch (Yoreh De'ah 132:6) quotes the Rambam's interpretation.
55.
The Radbaz explains that in this way, the gentile is purchasing the wine from the Jew. Others explain that the gentile is acting as the Jew's agent.
57.
This law applies when the gentile intentionally touches the wine. If the gentile touches it unintentionally, he is not liable. The rationale is that this is damage which is not outwardly noticeable (i.e., although the ritual status of the wine has changed, outwardly it is the same). In such an instance, Hilchot Chovel UMazik 7:3 states, one is not liable for causing damage inadvertently.
The Kessef Mishneh states that even if the gentile intentionally touched the wine, but did not know that by touching it, he caused it to be forbidden, the gentile is not liable and this leniency does not apply. The Siftei Cohen 132:2, however, interprets this wording as implying that even if the gentile caused it to become forbidden inadvertently, the Jew may sell it to him.
See also Hilchot Chovel UMazik 7:4 and commentaries, where a similar concept is discussed.
58.
For if the Jew could have stopped the gentile from touching the wine and didn't, he is responsible for the loss (Radbaz).
59.
The Rama (Yoreh De'ah 124:2) rules that in the present age, when it is not customary for gentiles to use wine as libations, the wine may be sold to any gentile.
60.
Avodah Zarah 59b states that in such a situation, he may charge the gentile the full price of the wine.
• Shabbat, 1 Shevat, 5777 · 28 January 2017
• "Today's Day"
• Thursday, Sh'vat 1, Rosh Chodesh, 5703
Torah lessons: Chumash: Va'eira, Chamishi with Rashi.
Tehillim: 1-9.
Tanya: In the category of (p. 63)...more than his wont. (p. 63).
The daily recital of Tehillim after davening1 applies equally to Chabad chassidic shuls and to those who follow the Ashkenazic or Polish nusach2 - may G‑d be with them.3 On account of ahavat Yisrael, love of our fellow...and especially in view of the importance and inner purpose of saying Tehillim with a minyan, which literally affects all of Israel, materially in "children, life and sustenance," and spiritually ...we must endeavor with every means possible that it become an established practice in every shul of every nusach.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
FOOTNOTES
1.See "Saying Tehillim," Kehot.
2.See Introduction to the Siddur, Kehot.
3.Yeshayahu 38:16.
• Daily Thought:
A Luminous Being
Some believe that life is simply about each person doing what he or she must do. For them, there are no great differences between us. One may be wise, another thoughtless, one a pragmatist, the other a dreamer, one looks heavenward, the other earthward. But life is not about thoughts or dreams or heaven. Life is about what you do.
They are right, but they are also wrong. Life is about doing, but the doing must shine. It must shine such a brilliant light that this whole world of doing will transcend itself.
To shine with that light, we must be plugged in. We must be connected together as a single organism, bonded by those souls that entirely transcend this world, as a mind transcends the body while rendering it a single whole. Then, even our most simplest deeds shine brightly.
In truth, we are more than equal. We are a single, luminous being.[Torat Menachem, vol. 34 (Likkutei Sichot, vol. 4), Parshat Korach.]
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