Torah Reading
Beshalach: Exodus 13:17 After Pharaoh had let the people go, God did not guide them to the highway that goes through the land of the P’lishtim, because it was close by — God thought that the people, upon seeing war, might change their minds and return to Egypt. 18 Rather, God led the people by a roundabout route, through the desert by the Sea of Suf. The people of Isra’el went up from the land of Egypt fully armed.
19 Moshe took the bones of Yosef with him, for Yosef had made the people of Isra’el swear an oath when he said, “God will certainly remember you; and you are to carry my bones up with you, away from here.”
20 They traveled from Sukkot and set up camp in Etam, at the edge of the desert. 21 Adonai went ahead of them in a column of cloud during the daytime to lead them on their way, and at night in a column of fire to give them light; thus they could travel both by day and by night. 22 Neither the column of cloud by day nor the column of fire at night went away from in front of the people.
14:1 Adonai said to Moshe, 2 “Tell the people of Isra’el to turn around and set up camp in front of Pi-Hachirot, between Migdol and the sea, in front of Ba‘al-Tz’fon; camp opposite it, by the sea. 3 Then Pharaoh will say that the people of Isra’el are wandering aimlessly in the countryside, the desert has closed in on them. 4 I will make Pharaoh so hardhearted that he will pursue them; thus I will win glory for myself at the expense of Pharaoh and all his army, and the Egyptians will realize at last that I am Adonai.” The people did as ordered.
5 When the king of Egypt was told that the people had fled, Pharaoh and his servants had a change of heart toward the people. They said, “What have we done, letting Isra’el stop being our slaves?” 6 So he prepared his chariots and took his people with him — 7 he took 600 first-quality chariots, as well as all the other chariots in Egypt, along with their commanders. 8 Adonai made Pharaoh hardhearted, and he pursued the people of Isra’el, as they left boldly. (ii) 9 The Egyptians went after them, all the horses and chariots of Pharaoh, with his cavalry and army, and overtook them as they were encamped by the sea, by Pi-Hachirot, in front of Ba‘al-Tz’fon. 10 As Pharaoh approached, the people of Isra’el looked up and saw the Egyptians right there, coming after them. In great fear the people of Isra’el cried out to Adonai 11 and said to Moshe, “Was it because there weren’t enough graves in Egypt that you brought us out to die in the desert? Why have you done this to us, bringing us out of Egypt? 12 Didn’t we tell you in Egypt to let us alone, we’ll just go on being slaves for the Egyptians? It would be better for us to be the Egyptians’ slaves than to die in the desert!” 13 Moshe answered the people, “Stop being so fearful! Remain steady, and you will see how Adonai is going to save you. He will do it today — today you have seen the Egyptians, but you will never see them again! 14 Adonai will do battle for you. Just calm yourselves down!”
(A: iii) 15 Adonai asked Moshe, “Why are you crying to me? Tell the people of Isra’el to go forward! 16 Lift your staff, reach out with your hand over the sea, and divide it in two. The people of Isra’el will advance into the sea on dry ground. 17 As for me, I will make the Egyptians hardhearted; and they will march in after them; thus I will win glory for myself at the expense of Pharaoh and all his army, chariots and cavalry. 18 Then the Egyptians will realize that I am Adonai, when I have won myself glory at the expense of Pharaoh, his chariots and his cavalry.”
19 Next, the angel of God, who was going ahead of the camp of Isra’el, moved away and went behind them; and the column of cloud moved away from in front of them and stood behind them. 20 It stationed itself between the camp of Egypt and the camp of Isra’el — there was cloud and darkness here, but light by night there; so that the one did not come near the other all night long.
21 Moshe reached his hand out over the sea, and Adonai caused the sea to go back before a strong east wind all night. He made the sea become dry land, and its water was divided in two. 22 Then the people of Isra’el went into the sea on the dry ground, with the water walled up for them on their right and on their left.
23 The Egyptians continued their pursuit, going after them into the sea — all Pharaoh’s horses, chariots and cavalry. 24 Just before dawn, Adonai looked out on the Egyptian army through the column of fire and cloud and threw them into a panic. 25 He caused the wheels of their chariots to break off, so that they could move only with difficulty. The Egyptians said, “Adonai is fighting for Isra’el against the Egyptians! Let’s get away from them!”
(A: iv, S: iii) 26 Adonai said to Moshe, “Reach your hand out over the sea, and the water will return and cover the Egyptians with their chariots and cavalry.” 27 Moshe reached his hand out over the sea, and by dawn the sea had returned to its former depth. The Egyptians tried to flee, but Adonai swept them into the sea. 28 The water came back and covered all the chariots and cavalry of Pharaoh’s army who had followed them into the sea — not even one of them was left. 29 But the people of Isra’el walked on dry ground in the sea, with the water walled up for them on their right and on their left.
30 On that day, Adonai saved Isra’el from the Egyptians; Isra’el saw the Egyptians dead on the shore. 31 When Isra’el saw the mighty deed that Adonai had performed against the Egyptians, the people feared Adonai, and they believed in Adonai and in his servant Moshe.
15:1 Then Moshe and the people of Isra’el sang this song to Adonai:
“I will sing to Adonai, for he is highly exalted:
the horse and its rider he threw in the sea.
2 Yah is my strength and my song,
and he has become my salvation.
This is my God: I will glorify him;
my father’s God: I will exalt him.
3 Adonai is a warrior;
Adonai is his name.
4 Pharaoh’s chariots and his army
he hurled into the sea.
His elite commanders
were drowned in the Sea of Suf.
5 The deep waters covered them;
they sank to the depths like a stone.
6 Your right hand, Adonai, is sublimely powerful;
your right hand, Adonai, shatters the foe.
7 By your great majesty you bring down your enemies;
you send out your wrath to consume them like stubble.
8 With a blast from your nostrils the waters piled up —
the waters stood up like a wall,
the depths of the sea became firm ground.
9 The enemy said, ‘I will pursue and overtake,
divide the spoil and gorge myself on them.
I will draw my sword; my hand will destroy them.’
10 You blew with your wind, the sea covered them,
they sank like lead in the mighty waters.
11 Who is like you, Adonai, among the mighty?
Who is like you, sublime in holiness,
awesome in praises, working wonders?
12 You reached out with your right hand:
the earth swallowed them.
13 In your love, you led the people you redeemed;
in your strength, you guided them to your holy abode.
14 The peoples have heard, and they tremble;
anguish takes hold of those living in P’leshet;
15 then the chiefs of Edom are dismayed;
trepidation seizes the heads of Mo’av;
all those living in Kena‘an are melted away.
16 Terror and dread fall on them;
by the might of your arm they are still as stone
until your people pass over, Adonai,
till the people you purchased pass over.
17 You will bring them in and plant them
on the mountain which is your heritage,
the place, Adonai, that you made your abode,
the sanctuary, Adonai, which your hands established.
18 Adonai will reign forever and ever.
19 For the horses of Pharaoh went with his chariots
and with his cavalry into the sea,
but Adonai brought the sea waters back upon them,
while the people of Isra’el walked on dry land
in the midst of the sea!”
20 Also Miryam the prophet, sister of Aharon, took a tambourine in her hand; and all the women went out after her with tambourines, dancing, 21 as Miryam sang to them:
“Sing to Adonai, for he is highly exalted!
The horse and its rider he threw in the sea!”
22 Moshe led Isra’el onward from the Sea of Suf. They went out into the Shur Desert; but after traveling three days in the desert, they had found no water. 23 They arrived at Marah but couldn’t drink the water there, because it was bitter. This is why they called it Marah [bitterness]. 24 The people grumbled against Moshe and asked, “What are we to drink?” 25 Moshe cried to Adonai; and Adonai showed him a certain piece of wood, which, when he threw it into the water, made the water taste good. There Adonai made laws and rules of life for them, and there he tested them. 26 He said, “If you will listen intently to the voice of Adonai your God, do what he considers right, pay attention to his mitzvot and observe his laws, I will not afflict you with any of the diseases I brought on the Egyptians; because I am Adonai your healer.”
(A: v, S: iv) 27 They came to Eilim, where there were twelve springs and seventy palm trees, and camped there by the water.
16:1 They traveled on from Eilim, and the whole community of the people of Isra’el arrived at the Seen Desert, between Eilim and Sinai, on the fifteenth day of the second month after leaving the land of Egypt. 2 There in the desert the whole community of the people of Isra’el grumbled against Moshe and Aharon. 3 The people of Isra’el said to them, “We wish Adonai had used his own hand to kill us off in Egypt! There we used to sit around the pots with the meat boiling, and we had as much food as we wanted. But you have taken us out into this desert to let this whole assembly starve to death!”
4 Adonai said to Moshe, “Here, I will cause bread to rain down from heaven for you. The people are to go out and gather a day’s ration every day. By this I will test whether they will observe my Torah or not. 5 On the sixth day, when they prepare what they have brought in, it will turn out to be twice as much as they gather on the other days.” 6 Moshe and Aharon said to all the people of Isra’el, “This evening, you will realize that it has been Adonai who brought you out of Egypt; 7 and in the morning, you will see Adonai’s glory. For he has listened to your grumblings against Adonai — what are we that you should grumble against us?” 8 Moshe added, “What I have said will happen when Adonai gives you meat to eat this evening and your fill of bread tomorrow morning. Adonai has listened to your complaints and grumblings against him — what are we? Your grumblings are not against us but against Adonai.”
9 Moshe said to Aharon, “Say to the whole community of Isra’el, ‘Come close, into the presence of Adonai, for he has heard your grumblings.’” 10 As Aharon spoke to the whole community of the people of Isra’el, they looked toward the desert; and there before them the glory of Adonai appeared in the cloud; (A: vi, S: v) 11 and Adonai said to Moshe, 12 “I have heard the grumblings of the people of Isra’el. Say to them: ‘At dusk you will be eating meat, and in the morning you will have your fill of bread. Then you will realize that I am Adonai your God.’”
13 That evening, quails came up and covered the camp; while in the morning there was a layer of dew all around the camp. 14 When the dew had evaporated, there on the surface of the desert was a fine flaky substance, as fine as frost on the ground. 15 When the people of Isra’el saw it, they asked each other, “Man hu? [What is it?]” because they didn’t know what it was. Moshe answered them, “It is the bread which Adonai has given you to eat. 16 Here is what Adonai has ordered: each man is to gather according to his appetite — each is to take an ‘omer [two quarts] per person for everyone in his tent.” 17 The people of Isra’el did this. Some gathered more, some less; 18 but when they put it in an ‘omer-measure, whoever had gathered much had no excess; and whoever had gathered little had no shortage; nevertheless each person had gathered according to his appetite.
19 Moshe told them, “No one is to leave any of it till morning.” 20 But they didn’t pay attention to Moshe, and some kept the leftovers until morning. It bred worms and rotted, which made Moshe angry at them. 21 So they gathered it morning after morning, each person according to his appetite; but as the sun grew hot, it melted.
22 On the sixth day they gathered twice as much bread, two ‘omers per person; and all the community leaders came and reported to Moshe. 23 He told them, “This is what Adonai has said: ‘Tomorrow is a holy Shabbat for Adonai. Bake what you want to bake; boil what you want to boil; and whatever is left over, set aside and keep for the morning.’” 24 They set it aside till morning, as Moshe had ordered; and it didn’t rot or have worms. 25 Moshe said, “Today, eat that; because today is a Shabbat for Adonai — today you won’t find it in the field. 26 Gather it six days, but the seventh day is the Shabbat — on that day there won’t be any.” 27 However, on the seventh day, some of the people went out to gather and found none.
28 Adonai said to Moshe, “How long will you refuse to observe my mitzvot and teachings? 29 Look, Adonai has given you the Shabbat. This is why he is providing bread for two days on the sixth day. Each of you, stay where you are; no one is to leave his place on the seventh day.” (S: vi) 30 So the people rested on the seventh day.
31 The people called the food man. It was like coriander seed, white; and it tasted like honey cakes. 32 Moshe said, “Here is what Adonai has ordered: ‘Let two quarts of man be kept through all your generations, so that they will be able to see the bread which I fed you in the desert when I brought you out of Egypt.’” 33 Moshe said to Aharon, “Take a jar, put in it two quarts of man, and set it aside before Adonai to be kept through all your generations.” 34 Just as Adonai ordered Moshe, Aharon set it aside before the testimony to be kept. 35 The people of Isra’el ate man for forty years, until they came to an inhabited land. They ate man until they arrived at the borders of the land of Kena‘an. 36 (An ‘omer is one-tenth of an eifah [which is a bushel dry-measure].)
17:1 (vii) The whole community of the people of Isra’el left the Seen Desert, traveling in stages, as Adonai had ordered, and camped at Refidim; but there was no water for the people to drink. 2 The people quarreled with Moshe, demanding, “Give us water to drink!” But Moshe replied, “Why pick a fight with me? Why are you testing Adonai?” 3 However, the people were thirsty for water there and grumbled against Moshe, “For what did you bring us up from Egypt? To kill us, our children and our livestock with thirst?”
4 Moshe cried out to Adonai, “What am I to do with these people? They’re ready to stone me!” 5 Adonai answered Moshe, “Go on ahead of the people, and bring with you the leaders of Isra’el. Take your staff in your hand, the one you used to strike the river; and go. 6 I will stand in front of you there on the rock in Horev. You are to strike the rock, and water will come out of it, so the people can drink.” Moshe did this in the sight of the leaders of Isra’el. 7 The place was named Massah [testing] and M’rivah [quarreling] because of the quarreling of the people of Isra’el and because they tested Adonai by asking, “Is Adonai with us or not?”
8 Then ‘Amalek came and fought with Isra’el at Refidim. 9 Moshe said to Y’hoshua, “Choose men for us, go out, and fight with ‘Amalek. Tomorrow I will stand on top of the hill with God’s staff in my hand.” 10 Y’hoshua did as Moshe had told him and fought with ‘Amalek. Then Moshe, Aharon and Hur went up to the top of the hill. 11 When Moshe raised his hand, Isra’el prevailed; but when he let it down, ‘Amalek prevailed. 12 However, Moshe’s hands grew heavy; so they took a stone and put it under him, and he sat on it. Aharon and Hur held up his hands, the one on the one side and the other on the other; so that his hands stayed steady until sunset. 13 Thus Y’hoshua defeated ‘Amalek, putting their people to the sword.
(Maftir) 14 Adonai said to Moshe, “Write this in a book to be remembered, and tell it to Y’hoshua: I will completely blot out any memory of ‘Amalek from under heaven.” 15 Moshe built an altar, called it Adonai Nissi [Adonai is my banner/miracle], 16 and said, “Because their hand was against the throne of Yah, Adonai will fight ‘Amalek generation after generation.”
Judges 4:4 Now D’vorah, a woman and a prophet, the wife of Lapidot, was judging Isra’el at that time. 5 She used to sit under D’vorah’s Palm between Ramah and Beit-El, in the hills of Efrayim; and the people of Isra’el would come to her for judgment. 6 She sent for Barak the son of Avino‘am, from Kedesh in Naftali, and said to him: “Adonai has given you this order: ‘Go, march to Mount Tavor, and take with you 10,000 men from the people of Naftali and Z’vulun. 7 I will cause Sisra, the commander of Yavin’s army, to encounter you at the Kishon River with his chariots and troops; and I will hand him over to you.’”
8 Barak answered her: “If you go with me, I’ll go; but if you won’t go with me, I won’t go.” 9 She replied, “Yes, I will gladly go with you; but the way you are doing it will bring you no glory; because Adonai will hand Sisra over to a woman.” Then D’vorah set out and went with Barak to Kedesh. 10 Barak summoned Z’vulun and Naftali to come to Kedesh. Ten thousand men followed him, and D’vorah went up with him.
11 Now Hever the Keini had cut himself off from the rest of Kayin, the descendants of Hovav Moshe’s father-in-law; he had pitched his tent near the oak at Tza‘ananim, which is close to Kedesh. 12 Sisra was informed that Barak the son of Avino‘am had gone up to Mount Tavor. 13 So Sisra rallied his chariots, all 900 iron chariots, and all the troops he had with him, from Haroshet-HaGoyim to the Kishon River.
14 D’vorah said to Barak: “Get going! This is the day when Adonai will hand Sisra over to you! Adonai has gone out ahead of you!” So Barak went down from Mount Tavor with 10,000 men following him; 15 and Adonai threw Sisra, all his chariots and his entire army into a panic before Barak’s sword; so that Sisra got down from his chariot and fled on foot. 16 But Barak pursued the chariots and the army all the way to Haroshet-HaGoyim. Sisra’s entire army was put to the sword; not one man was left.
17 However, Sisra ran on foot to the tent of Ya‘el the wife of Hever the Keini, because there was peace between Yavin the king of Hatzor and the family of Hever the Keini. 18 Ya‘el went out to meet Sisra and said to him, “Come in, my lord; stay here with me; and don’t be afraid.” So he went into her tent, and she covered him with a blanket. 19 He said to her, “Please give me a little water to drink — I’m thirsty.” She opened a goatskin of milk, gave him some to drink, and covered him up again. 20 He said to her, “Stand at the entrance to the tent; and if anyone asks you if somebody is here, say, ‘No.’” 21 But when he was deeply asleep, Ya‘el the wife of Hever took a tent peg and a hammer in her hand, crept in to him quietly and drove the tent peg into his temple, right through to the ground; so that he died without waking up. 22 So here is Barak pursuing Sisra, and Ya‘el steps out to meet him and says, “Come, I will show you the man you are looking for.” He goes into her tent; and there is Sisra, lying dead with the tent peg through his temple.
23 Thus God on that day defeated Yavin the king of Kena‘an in the presence of the people of Isra’el. 24 The hand of the people of Isra’el came down more and more heavily against Yavin the king of Kena‘an, until they had completely destroyed Yavin the king of Kena‘an.
5:1 On that day D’vorah and Barak the son of Avino‘am sang this song:
2 “When leaders in Isra’el dedicate themselves,
and the people volunteer,
you should all bless Adonai.
3 Hear, kings; listen, princes;
I will sing to Adonai!
I will sing praise to Adonai
the God of Isra’el.
4 “Adonai, when you went out from Se‘ir,
when you marched out from the field of Edom;
the earth quaked, and the sky shook;
yes, the clouds poured down torrents.
5 The mountains melted at the presence of Adonai,
at Sinai, before Adonai the God of Isra’el.
6 “In the days of Shamgar the son of ‘Anat,
in the days of Ya‘el, the main roads were deserted;
travelers walked the byways.
7 The rulers ceased in Isra’el, they ceased,
until you arose, D’vorah,
arose a mother in Isra’el.
8 “They chose new gods when war was at the gates.
Was there a shield or spear to be seen
among Isra’el’s forty thousand men?
9 My heart goes out to Isra’el’s leaders
and to those among the people who volunteer.
All of you, bless Adonai.
10 “You who ride white donkeys,
sitting on soft saddle-blankets,
and you walking on the road,
talk about it!
11 Louder than the sound of archers at the watering-holes
will they sound as they retell
the righteous acts of Adonai,
the righteous acts of his rulers in Isra’el.
“Then Adonai’s people marched down to the gates.
12 “Awake, awake, D’vorah!
Awake, awake, break into song!
Arise, Barak! Lead away your captives,
son of Avino‘am!
13 “Then a remnant of the nobles marched down;
the people of Adonai marched down to me like warriors.
14 From Efrayim came those rooted in ‘Amalek.
Behind you, Binyamin is with your peoples.
From Makhir the commanders marched down,
and from Z’vulun those holding the musterer’s staff.
15 The princes of Yissakhar were with D’vorah,
Yissakhar, along with Barak;
into the valley they rushed forth behind him.
Among the divisions of Re’uven
they made great resolutions in their hearts.
16 But why did you stay at the pens for the sheep,
and listen to the shepherd’s flute playing for the flocks?
Concerning the divisions of Re’uven
there were great searchings of heart.
17 Gil‘ad lives beyond the Yarden.
Dan — why does he stay by the ships?
Asher stayed by the shore of the sea,
remaining near its bays.
18 The people of Z’vulun risked their lives,
Naftali too, on the open heights.
19 “Kings came; they fought.
Yes, the kings of Kena‘an fought
at Ta‘anakh, by the waters of Megiddo;
but they took no spoil of silver.
20 They fought from heaven, the stars in their courses;
yes, they fought against Sisra.
21 The Kishon River swept them away,
that ancient river, the Kishon River.
O my soul, march on with strength!
22 Then the horses’ hoofs pounded the ground,
their mighty steeds galloping at full speed.
23 “‘Curse Meroz!’ said the angel of Adonai,
‘Curse the people living there with a bitter punishment
for not coming to help Adonai,
to help Adonai against the mighty warriors.’
24 “Ya‘el will be blessed more than all women.
The wife of Hever the Keini
will be blessed more than any woman in the tent.
25 He asked for water, and she gave him milk;
In an elegant bowl she brought him curds.
26 Then she took a tent peg in her left hand
and a workman’s hammer in her right;
with the hammer she struck Sisra, pierced his skull,
yes, she shattered and crushed his temple.
27 He sank down at her feet, he fell and lay there;
he sank at her feet, he fell —
where he sank down, there he fell dead.
28 “Sisra’s mother looks out the window;
peering out through the lattice she wonders,
‘Why is his chariot so long in coming?
Why are his horses so slow to return?’
29 The wisest of her ladies answer her,
and she repeats it to herself,
30 ‘Of course! They’re collecting and dividing the spoil —
a girl, two girls for every warrior,
for Sisra booty of dyed clothing,
a plunder of colorfully embroidered garments,
two embroidered scarves for every soldier’s neck.’
31 “May all your enemies perish like this, Adonai;
but may those who love him be like the sun
going forth in its glory!”
Then the land had rest for forty years.
Today's Laws & Customs:
• New Year for Trees Today is Tu B'Shevat ("the 15th of Shevat") which marks the beginning of a "New Year for Trees." This is the season in which the earliest-blooming trees in the Land of Israel emerge from their winter sleep and begin a new fruit-bearing cycle.
Legally, the "New Year for Trees" relates to the various tithes that must be separated from produce grown in the Holy Land. We mark the day by eating fruit, particularly from the "Seven Kinds" that are singled out by the Torah in its praise of the bounty of the Holy Land (wheat, barley, grapes, figs, pomegranates, olives and dates). On this day we remember that "Man is a tree of the field" (Deuteronomy 20:19) and reflect on the lessons we can derive from our botanical analogue.
For more on Tu B'Shevat go here
• Shabbat of Song This week's Torah reading contains the "song at the sea" sung by the Children of Israel upon their deliverance from the Egyptians, when the Red Sea split to allow them to pass and then drowned their pursuers. Hence this Shabbat is designated as Shabbat Shirah, "Shabbat of song."
Our sages tell us that the birds in the sky joined our ancestors in their singing; for this reason it is customary to put out food for the birds for this Shabbat (to avoid the possibility of transgressing the laws of Shabbat, the food should be put out before Shabbat).
Links: The Chassidic Masters on song; Miriam's songToday's Study:
Beshalach: Exodus 13:17 After Pharaoh had let the people go, God did not guide them to the highway that goes through the land of the P’lishtim, because it was close by — God thought that the people, upon seeing war, might change their minds and return to Egypt. 18 Rather, God led the people by a roundabout route, through the desert by the Sea of Suf. The people of Isra’el went up from the land of Egypt fully armed.
19 Moshe took the bones of Yosef with him, for Yosef had made the people of Isra’el swear an oath when he said, “God will certainly remember you; and you are to carry my bones up with you, away from here.”
20 They traveled from Sukkot and set up camp in Etam, at the edge of the desert. 21 Adonai went ahead of them in a column of cloud during the daytime to lead them on their way, and at night in a column of fire to give them light; thus they could travel both by day and by night. 22 Neither the column of cloud by day nor the column of fire at night went away from in front of the people.
14:1 Adonai said to Moshe, 2 “Tell the people of Isra’el to turn around and set up camp in front of Pi-Hachirot, between Migdol and the sea, in front of Ba‘al-Tz’fon; camp opposite it, by the sea. 3 Then Pharaoh will say that the people of Isra’el are wandering aimlessly in the countryside, the desert has closed in on them. 4 I will make Pharaoh so hardhearted that he will pursue them; thus I will win glory for myself at the expense of Pharaoh and all his army, and the Egyptians will realize at last that I am Adonai.” The people did as ordered.
5 When the king of Egypt was told that the people had fled, Pharaoh and his servants had a change of heart toward the people. They said, “What have we done, letting Isra’el stop being our slaves?” 6 So he prepared his chariots and took his people with him — 7 he took 600 first-quality chariots, as well as all the other chariots in Egypt, along with their commanders. 8 Adonai made Pharaoh hardhearted, and he pursued the people of Isra’el, as they left boldly. (ii) 9 The Egyptians went after them, all the horses and chariots of Pharaoh, with his cavalry and army, and overtook them as they were encamped by the sea, by Pi-Hachirot, in front of Ba‘al-Tz’fon. 10 As Pharaoh approached, the people of Isra’el looked up and saw the Egyptians right there, coming after them. In great fear the people of Isra’el cried out to Adonai 11 and said to Moshe, “Was it because there weren’t enough graves in Egypt that you brought us out to die in the desert? Why have you done this to us, bringing us out of Egypt? 12 Didn’t we tell you in Egypt to let us alone, we’ll just go on being slaves for the Egyptians? It would be better for us to be the Egyptians’ slaves than to die in the desert!” 13 Moshe answered the people, “Stop being so fearful! Remain steady, and you will see how Adonai is going to save you. He will do it today — today you have seen the Egyptians, but you will never see them again! 14 Adonai will do battle for you. Just calm yourselves down!”
(A: iii) 15 Adonai asked Moshe, “Why are you crying to me? Tell the people of Isra’el to go forward! 16 Lift your staff, reach out with your hand over the sea, and divide it in two. The people of Isra’el will advance into the sea on dry ground. 17 As for me, I will make the Egyptians hardhearted; and they will march in after them; thus I will win glory for myself at the expense of Pharaoh and all his army, chariots and cavalry. 18 Then the Egyptians will realize that I am Adonai, when I have won myself glory at the expense of Pharaoh, his chariots and his cavalry.”
19 Next, the angel of God, who was going ahead of the camp of Isra’el, moved away and went behind them; and the column of cloud moved away from in front of them and stood behind them. 20 It stationed itself between the camp of Egypt and the camp of Isra’el — there was cloud and darkness here, but light by night there; so that the one did not come near the other all night long.
21 Moshe reached his hand out over the sea, and Adonai caused the sea to go back before a strong east wind all night. He made the sea become dry land, and its water was divided in two. 22 Then the people of Isra’el went into the sea on the dry ground, with the water walled up for them on their right and on their left.
23 The Egyptians continued their pursuit, going after them into the sea — all Pharaoh’s horses, chariots and cavalry. 24 Just before dawn, Adonai looked out on the Egyptian army through the column of fire and cloud and threw them into a panic. 25 He caused the wheels of their chariots to break off, so that they could move only with difficulty. The Egyptians said, “Adonai is fighting for Isra’el against the Egyptians! Let’s get away from them!”
(A: iv, S: iii) 26 Adonai said to Moshe, “Reach your hand out over the sea, and the water will return and cover the Egyptians with their chariots and cavalry.” 27 Moshe reached his hand out over the sea, and by dawn the sea had returned to its former depth. The Egyptians tried to flee, but Adonai swept them into the sea. 28 The water came back and covered all the chariots and cavalry of Pharaoh’s army who had followed them into the sea — not even one of them was left. 29 But the people of Isra’el walked on dry ground in the sea, with the water walled up for them on their right and on their left.
30 On that day, Adonai saved Isra’el from the Egyptians; Isra’el saw the Egyptians dead on the shore. 31 When Isra’el saw the mighty deed that Adonai had performed against the Egyptians, the people feared Adonai, and they believed in Adonai and in his servant Moshe.
15:1 Then Moshe and the people of Isra’el sang this song to Adonai:
“I will sing to Adonai, for he is highly exalted:
the horse and its rider he threw in the sea.
2 Yah is my strength and my song,
and he has become my salvation.
This is my God: I will glorify him;
my father’s God: I will exalt him.
3 Adonai is a warrior;
Adonai is his name.
4 Pharaoh’s chariots and his army
he hurled into the sea.
His elite commanders
were drowned in the Sea of Suf.
5 The deep waters covered them;
they sank to the depths like a stone.
6 Your right hand, Adonai, is sublimely powerful;
your right hand, Adonai, shatters the foe.
7 By your great majesty you bring down your enemies;
you send out your wrath to consume them like stubble.
8 With a blast from your nostrils the waters piled up —
the waters stood up like a wall,
the depths of the sea became firm ground.
9 The enemy said, ‘I will pursue and overtake,
divide the spoil and gorge myself on them.
I will draw my sword; my hand will destroy them.’
10 You blew with your wind, the sea covered them,
they sank like lead in the mighty waters.
11 Who is like you, Adonai, among the mighty?
Who is like you, sublime in holiness,
awesome in praises, working wonders?
12 You reached out with your right hand:
the earth swallowed them.
13 In your love, you led the people you redeemed;
in your strength, you guided them to your holy abode.
14 The peoples have heard, and they tremble;
anguish takes hold of those living in P’leshet;
15 then the chiefs of Edom are dismayed;
trepidation seizes the heads of Mo’av;
all those living in Kena‘an are melted away.
16 Terror and dread fall on them;
by the might of your arm they are still as stone
until your people pass over, Adonai,
till the people you purchased pass over.
17 You will bring them in and plant them
on the mountain which is your heritage,
the place, Adonai, that you made your abode,
the sanctuary, Adonai, which your hands established.
18 Adonai will reign forever and ever.
19 For the horses of Pharaoh went with his chariots
and with his cavalry into the sea,
but Adonai brought the sea waters back upon them,
while the people of Isra’el walked on dry land
in the midst of the sea!”
20 Also Miryam the prophet, sister of Aharon, took a tambourine in her hand; and all the women went out after her with tambourines, dancing, 21 as Miryam sang to them:
“Sing to Adonai, for he is highly exalted!
The horse and its rider he threw in the sea!”
22 Moshe led Isra’el onward from the Sea of Suf. They went out into the Shur Desert; but after traveling three days in the desert, they had found no water. 23 They arrived at Marah but couldn’t drink the water there, because it was bitter. This is why they called it Marah [bitterness]. 24 The people grumbled against Moshe and asked, “What are we to drink?” 25 Moshe cried to Adonai; and Adonai showed him a certain piece of wood, which, when he threw it into the water, made the water taste good. There Adonai made laws and rules of life for them, and there he tested them. 26 He said, “If you will listen intently to the voice of Adonai your God, do what he considers right, pay attention to his mitzvot and observe his laws, I will not afflict you with any of the diseases I brought on the Egyptians; because I am Adonai your healer.”
(A: v, S: iv) 27 They came to Eilim, where there were twelve springs and seventy palm trees, and camped there by the water.
16:1 They traveled on from Eilim, and the whole community of the people of Isra’el arrived at the Seen Desert, between Eilim and Sinai, on the fifteenth day of the second month after leaving the land of Egypt. 2 There in the desert the whole community of the people of Isra’el grumbled against Moshe and Aharon. 3 The people of Isra’el said to them, “We wish Adonai had used his own hand to kill us off in Egypt! There we used to sit around the pots with the meat boiling, and we had as much food as we wanted. But you have taken us out into this desert to let this whole assembly starve to death!”
4 Adonai said to Moshe, “Here, I will cause bread to rain down from heaven for you. The people are to go out and gather a day’s ration every day. By this I will test whether they will observe my Torah or not. 5 On the sixth day, when they prepare what they have brought in, it will turn out to be twice as much as they gather on the other days.” 6 Moshe and Aharon said to all the people of Isra’el, “This evening, you will realize that it has been Adonai who brought you out of Egypt; 7 and in the morning, you will see Adonai’s glory. For he has listened to your grumblings against Adonai — what are we that you should grumble against us?” 8 Moshe added, “What I have said will happen when Adonai gives you meat to eat this evening and your fill of bread tomorrow morning. Adonai has listened to your complaints and grumblings against him — what are we? Your grumblings are not against us but against Adonai.”
9 Moshe said to Aharon, “Say to the whole community of Isra’el, ‘Come close, into the presence of Adonai, for he has heard your grumblings.’” 10 As Aharon spoke to the whole community of the people of Isra’el, they looked toward the desert; and there before them the glory of Adonai appeared in the cloud; (A: vi, S: v) 11 and Adonai said to Moshe, 12 “I have heard the grumblings of the people of Isra’el. Say to them: ‘At dusk you will be eating meat, and in the morning you will have your fill of bread. Then you will realize that I am Adonai your God.’”
13 That evening, quails came up and covered the camp; while in the morning there was a layer of dew all around the camp. 14 When the dew had evaporated, there on the surface of the desert was a fine flaky substance, as fine as frost on the ground. 15 When the people of Isra’el saw it, they asked each other, “Man hu? [What is it?]” because they didn’t know what it was. Moshe answered them, “It is the bread which Adonai has given you to eat. 16 Here is what Adonai has ordered: each man is to gather according to his appetite — each is to take an ‘omer [two quarts] per person for everyone in his tent.” 17 The people of Isra’el did this. Some gathered more, some less; 18 but when they put it in an ‘omer-measure, whoever had gathered much had no excess; and whoever had gathered little had no shortage; nevertheless each person had gathered according to his appetite.
19 Moshe told them, “No one is to leave any of it till morning.” 20 But they didn’t pay attention to Moshe, and some kept the leftovers until morning. It bred worms and rotted, which made Moshe angry at them. 21 So they gathered it morning after morning, each person according to his appetite; but as the sun grew hot, it melted.
22 On the sixth day they gathered twice as much bread, two ‘omers per person; and all the community leaders came and reported to Moshe. 23 He told them, “This is what Adonai has said: ‘Tomorrow is a holy Shabbat for Adonai. Bake what you want to bake; boil what you want to boil; and whatever is left over, set aside and keep for the morning.’” 24 They set it aside till morning, as Moshe had ordered; and it didn’t rot or have worms. 25 Moshe said, “Today, eat that; because today is a Shabbat for Adonai — today you won’t find it in the field. 26 Gather it six days, but the seventh day is the Shabbat — on that day there won’t be any.” 27 However, on the seventh day, some of the people went out to gather and found none.
28 Adonai said to Moshe, “How long will you refuse to observe my mitzvot and teachings? 29 Look, Adonai has given you the Shabbat. This is why he is providing bread for two days on the sixth day. Each of you, stay where you are; no one is to leave his place on the seventh day.” (S: vi) 30 So the people rested on the seventh day.
31 The people called the food man. It was like coriander seed, white; and it tasted like honey cakes. 32 Moshe said, “Here is what Adonai has ordered: ‘Let two quarts of man be kept through all your generations, so that they will be able to see the bread which I fed you in the desert when I brought you out of Egypt.’” 33 Moshe said to Aharon, “Take a jar, put in it two quarts of man, and set it aside before Adonai to be kept through all your generations.” 34 Just as Adonai ordered Moshe, Aharon set it aside before the testimony to be kept. 35 The people of Isra’el ate man for forty years, until they came to an inhabited land. They ate man until they arrived at the borders of the land of Kena‘an. 36 (An ‘omer is one-tenth of an eifah [which is a bushel dry-measure].)
17:1 (vii) The whole community of the people of Isra’el left the Seen Desert, traveling in stages, as Adonai had ordered, and camped at Refidim; but there was no water for the people to drink. 2 The people quarreled with Moshe, demanding, “Give us water to drink!” But Moshe replied, “Why pick a fight with me? Why are you testing Adonai?” 3 However, the people were thirsty for water there and grumbled against Moshe, “For what did you bring us up from Egypt? To kill us, our children and our livestock with thirst?”
4 Moshe cried out to Adonai, “What am I to do with these people? They’re ready to stone me!” 5 Adonai answered Moshe, “Go on ahead of the people, and bring with you the leaders of Isra’el. Take your staff in your hand, the one you used to strike the river; and go. 6 I will stand in front of you there on the rock in Horev. You are to strike the rock, and water will come out of it, so the people can drink.” Moshe did this in the sight of the leaders of Isra’el. 7 The place was named Massah [testing] and M’rivah [quarreling] because of the quarreling of the people of Isra’el and because they tested Adonai by asking, “Is Adonai with us or not?”
8 Then ‘Amalek came and fought with Isra’el at Refidim. 9 Moshe said to Y’hoshua, “Choose men for us, go out, and fight with ‘Amalek. Tomorrow I will stand on top of the hill with God’s staff in my hand.” 10 Y’hoshua did as Moshe had told him and fought with ‘Amalek. Then Moshe, Aharon and Hur went up to the top of the hill. 11 When Moshe raised his hand, Isra’el prevailed; but when he let it down, ‘Amalek prevailed. 12 However, Moshe’s hands grew heavy; so they took a stone and put it under him, and he sat on it. Aharon and Hur held up his hands, the one on the one side and the other on the other; so that his hands stayed steady until sunset. 13 Thus Y’hoshua defeated ‘Amalek, putting their people to the sword.
(Maftir) 14 Adonai said to Moshe, “Write this in a book to be remembered, and tell it to Y’hoshua: I will completely blot out any memory of ‘Amalek from under heaven.” 15 Moshe built an altar, called it Adonai Nissi [Adonai is my banner/miracle], 16 and said, “Because their hand was against the throne of Yah, Adonai will fight ‘Amalek generation after generation.”
Judges 4:4 Now D’vorah, a woman and a prophet, the wife of Lapidot, was judging Isra’el at that time. 5 She used to sit under D’vorah’s Palm between Ramah and Beit-El, in the hills of Efrayim; and the people of Isra’el would come to her for judgment. 6 She sent for Barak the son of Avino‘am, from Kedesh in Naftali, and said to him: “Adonai has given you this order: ‘Go, march to Mount Tavor, and take with you 10,000 men from the people of Naftali and Z’vulun. 7 I will cause Sisra, the commander of Yavin’s army, to encounter you at the Kishon River with his chariots and troops; and I will hand him over to you.’”
8 Barak answered her: “If you go with me, I’ll go; but if you won’t go with me, I won’t go.” 9 She replied, “Yes, I will gladly go with you; but the way you are doing it will bring you no glory; because Adonai will hand Sisra over to a woman.” Then D’vorah set out and went with Barak to Kedesh. 10 Barak summoned Z’vulun and Naftali to come to Kedesh. Ten thousand men followed him, and D’vorah went up with him.
11 Now Hever the Keini had cut himself off from the rest of Kayin, the descendants of Hovav Moshe’s father-in-law; he had pitched his tent near the oak at Tza‘ananim, which is close to Kedesh. 12 Sisra was informed that Barak the son of Avino‘am had gone up to Mount Tavor. 13 So Sisra rallied his chariots, all 900 iron chariots, and all the troops he had with him, from Haroshet-HaGoyim to the Kishon River.
14 D’vorah said to Barak: “Get going! This is the day when Adonai will hand Sisra over to you! Adonai has gone out ahead of you!” So Barak went down from Mount Tavor with 10,000 men following him; 15 and Adonai threw Sisra, all his chariots and his entire army into a panic before Barak’s sword; so that Sisra got down from his chariot and fled on foot. 16 But Barak pursued the chariots and the army all the way to Haroshet-HaGoyim. Sisra’s entire army was put to the sword; not one man was left.
17 However, Sisra ran on foot to the tent of Ya‘el the wife of Hever the Keini, because there was peace between Yavin the king of Hatzor and the family of Hever the Keini. 18 Ya‘el went out to meet Sisra and said to him, “Come in, my lord; stay here with me; and don’t be afraid.” So he went into her tent, and she covered him with a blanket. 19 He said to her, “Please give me a little water to drink — I’m thirsty.” She opened a goatskin of milk, gave him some to drink, and covered him up again. 20 He said to her, “Stand at the entrance to the tent; and if anyone asks you if somebody is here, say, ‘No.’” 21 But when he was deeply asleep, Ya‘el the wife of Hever took a tent peg and a hammer in her hand, crept in to him quietly and drove the tent peg into his temple, right through to the ground; so that he died without waking up. 22 So here is Barak pursuing Sisra, and Ya‘el steps out to meet him and says, “Come, I will show you the man you are looking for.” He goes into her tent; and there is Sisra, lying dead with the tent peg through his temple.
23 Thus God on that day defeated Yavin the king of Kena‘an in the presence of the people of Isra’el. 24 The hand of the people of Isra’el came down more and more heavily against Yavin the king of Kena‘an, until they had completely destroyed Yavin the king of Kena‘an.
5:1 On that day D’vorah and Barak the son of Avino‘am sang this song:
2 “When leaders in Isra’el dedicate themselves,
and the people volunteer,
you should all bless Adonai.
3 Hear, kings; listen, princes;
I will sing to Adonai!
I will sing praise to Adonai
the God of Isra’el.
4 “Adonai, when you went out from Se‘ir,
when you marched out from the field of Edom;
the earth quaked, and the sky shook;
yes, the clouds poured down torrents.
5 The mountains melted at the presence of Adonai,
at Sinai, before Adonai the God of Isra’el.
6 “In the days of Shamgar the son of ‘Anat,
in the days of Ya‘el, the main roads were deserted;
travelers walked the byways.
7 The rulers ceased in Isra’el, they ceased,
until you arose, D’vorah,
arose a mother in Isra’el.
8 “They chose new gods when war was at the gates.
Was there a shield or spear to be seen
among Isra’el’s forty thousand men?
9 My heart goes out to Isra’el’s leaders
and to those among the people who volunteer.
All of you, bless Adonai.
10 “You who ride white donkeys,
sitting on soft saddle-blankets,
and you walking on the road,
talk about it!
11 Louder than the sound of archers at the watering-holes
will they sound as they retell
the righteous acts of Adonai,
the righteous acts of his rulers in Isra’el.
“Then Adonai’s people marched down to the gates.
12 “Awake, awake, D’vorah!
Awake, awake, break into song!
Arise, Barak! Lead away your captives,
son of Avino‘am!
13 “Then a remnant of the nobles marched down;
the people of Adonai marched down to me like warriors.
14 From Efrayim came those rooted in ‘Amalek.
Behind you, Binyamin is with your peoples.
From Makhir the commanders marched down,
and from Z’vulun those holding the musterer’s staff.
15 The princes of Yissakhar were with D’vorah,
Yissakhar, along with Barak;
into the valley they rushed forth behind him.
Among the divisions of Re’uven
they made great resolutions in their hearts.
16 But why did you stay at the pens for the sheep,
and listen to the shepherd’s flute playing for the flocks?
Concerning the divisions of Re’uven
there were great searchings of heart.
17 Gil‘ad lives beyond the Yarden.
Dan — why does he stay by the ships?
Asher stayed by the shore of the sea,
remaining near its bays.
18 The people of Z’vulun risked their lives,
Naftali too, on the open heights.
19 “Kings came; they fought.
Yes, the kings of Kena‘an fought
at Ta‘anakh, by the waters of Megiddo;
but they took no spoil of silver.
20 They fought from heaven, the stars in their courses;
yes, they fought against Sisra.
21 The Kishon River swept them away,
that ancient river, the Kishon River.
O my soul, march on with strength!
22 Then the horses’ hoofs pounded the ground,
their mighty steeds galloping at full speed.
23 “‘Curse Meroz!’ said the angel of Adonai,
‘Curse the people living there with a bitter punishment
for not coming to help Adonai,
to help Adonai against the mighty warriors.’
24 “Ya‘el will be blessed more than all women.
The wife of Hever the Keini
will be blessed more than any woman in the tent.
25 He asked for water, and she gave him milk;
In an elegant bowl she brought him curds.
26 Then she took a tent peg in her left hand
and a workman’s hammer in her right;
with the hammer she struck Sisra, pierced his skull,
yes, she shattered and crushed his temple.
27 He sank down at her feet, he fell and lay there;
he sank at her feet, he fell —
where he sank down, there he fell dead.
28 “Sisra’s mother looks out the window;
peering out through the lattice she wonders,
‘Why is his chariot so long in coming?
Why are his horses so slow to return?’
29 The wisest of her ladies answer her,
and she repeats it to herself,
30 ‘Of course! They’re collecting and dividing the spoil —
a girl, two girls for every warrior,
for Sisra booty of dyed clothing,
a plunder of colorfully embroidered garments,
two embroidered scarves for every soldier’s neck.’
31 “May all your enemies perish like this, Adonai;
but may those who love him be like the sun
going forth in its glory!”
Then the land had rest for forty years.
Today's Laws & Customs:
• New Year for Trees Today is Tu B'Shevat ("the 15th of Shevat") which marks the beginning of a "New Year for Trees." This is the season in which the earliest-blooming trees in the Land of Israel emerge from their winter sleep and begin a new fruit-bearing cycle.
Legally, the "New Year for Trees" relates to the various tithes that must be separated from produce grown in the Holy Land. We mark the day by eating fruit, particularly from the "Seven Kinds" that are singled out by the Torah in its praise of the bounty of the Holy Land (wheat, barley, grapes, figs, pomegranates, olives and dates). On this day we remember that "Man is a tree of the field" (Deuteronomy 20:19) and reflect on the lessons we can derive from our botanical analogue.
For more on Tu B'Shevat go here
• Shabbat of Song This week's Torah reading contains the "song at the sea" sung by the Children of Israel upon their deliverance from the Egyptians, when the Red Sea split to allow them to pass and then drowned their pursuers. Hence this Shabbat is designated as Shabbat Shirah, "Shabbat of song."
Our sages tell us that the birds in the sky joined our ancestors in their singing; for this reason it is customary to put out food for the birds for this Shabbat (to avoid the possibility of transgressing the laws of Shabbat, the food should be put out before Shabbat).
Links: The Chassidic Masters on song; Miriam's songToday's Study:
Chitas and Rambam for today:
Chumash: Beshalach, 7th Portion Exodus 17:1-17:16 with Rashi
• Exodus Chapter 17
1The entire community of the children of Israel journeyed from the desert of Sin to their travels by the mandate of the Lord. They encamped in Rephidim, and there was no water for the people to drink. אוַ֠יִּסְע֠וּ כָּל־עֲדַ֨ת בְּנֵֽי־יִשְׂרָאֵ֧ל מִמִּדְבַּר־סִ֛ין לְמַסְעֵיהֶ֖ם עַל־פִּ֣י יְהֹוָ֑ה וַיַּֽחֲנוּ֙ בִּרְפִידִ֔ים וְאֵ֥ין מַ֖יִם לִשְׁתֹּ֥ת הָעָֽם:
2So the people quarreled with Moses, and they said, Give us water that we may drink Moses said to them, Why do you quarrel with me? Why do you test the Lord? בוַיָּ֤רֶב הָעָם֙ עִם־משֶׁ֔ה וַיֹּ֣אמְר֔וּ תְּנוּ־לָ֥נוּ מַ֖יִם וְנִשְׁתֶּ֑ה וַיֹּ֤אמֶר לָהֶם֙ משֶׁ֔ה מַה־תְּרִיבוּן֙ עִמָּדִ֔י מַה־תְּנַסּ֖וּן אֶת־יְהֹוָֽה:
Why do you test the Lord: saying, “Can He give water in an arid land?” מה תנסון: לומר היוכל לתת מים בארץ ציה:
3The people thirsted there for water, and the people complained against Moses, and they said, Why have you brought us up from Egypt to make me and my children and my livestock die of thirst? גוַיִּצְמָ֨א שָׁ֤ם הָעָם֙ לַמַּ֔יִם וַיָּ֥לֶן הָעָ֖ם עַל־משֶׁ֑ה וַיֹּ֗אמֶר לָ֤מָּה זֶּה֙ הֶֽעֱלִיתָ֣נוּ מִמִּצְרַ֔יִם לְהָמִ֥ית אֹתִ֛י וְאֶת־בָּנַ֥י וְאֶת־מִקְנַ֖י בַּצָּמָֽא:
4Moses cried out to the Lord, saying, What shall I do for this people? Just a little longer and they will stone me! דוַיִּצְעַ֤ק משֶׁה֙ אֶל־יְהֹוָ֣ה לֵאמֹ֔ר מָ֥ה אֶֽעֱשֶׂ֖ה לָעָ֣ם הַזֶּ֑ה ע֥וֹד מְעַ֖ט וּסְקָלֻֽנִי:
Just a little longer: If I wait just a little longer, they will stone me. עוד מעט: אם אמתין עוד מעט וסקלוני:
5And the Lord said to Moses, Pass before the people and take with you [some] of the elders of Israel, and take into your hand your staff, with which you struck the Nile, and go. הוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־משֶׁ֗ה עֲבֹר֙ לִפְנֵ֣י הָעָ֔ם וְקַ֥ח אִתְּךָ֖ מִזִּקְנֵ֣י יִשְׂרָאֵ֑ל וּמַטְּךָ֗ אֲשֶׁ֨ר הִכִּ֤יתָ בּוֹ֙ אֶת־הַיְאֹ֔ר קַ֥ח בְּיָֽדְךָ֖ וְהָלָֽכְתָּ:
Pass before the people: And see whether they stone you. Why have you slandered My children?-[from Tanchuma Beshallach 22] עבר לפני העם: וראה אם יסקלוך, למה הוצאת לעז על בני:
and take with you [some] of the elders of Israel: for testimony, so that they shall witness that through you the water comes out of the rock, and they [the Israelites] will not say that there were water fountains there from days of yore. — [from Mechilta] וקח אתך מזקני ישראל: לעדות שיראו שעל ידך המים יוצאים מן הצור, ולא יאמרו מעיינות היו שם מימי קדם:
your staff, with which you struck the Nile: Why must Scripture state "with which you struck the Nile"? [To point out what] the Israelites were saying about the staff, [namely] that it was ready only for retribution. With it, Pharaoh and the Egyptians were smitten with many plagues, both in Egypt and by the sea. Therefore, it is stated: “with which you struck the Nile.” Now they will see that it [the staff] is ready for good as well. — [from Mechilta, Exod. Rabbah 26:2] ומטך אשר הכית בו את היאר: מה תלמוד לומר אשר הכית בו את היאור, אלא שהיו ישראל אומרים על המטה שאינו מוכן אלא לפורעניות, בו לקה פרעה ומצרים כמה מכות במצרים ועל הים, לכן נאמר אשר הכית בו את היאר, יראו עתה שאף לטובה הוא מוכן:
6Behold, I shall stand there before you on the rock in Horeb, and you shall strike the rock, and water will come out of it, and the people will drink Moses did so before the eyes of the elders of Israel. והִנְנִ֣י עֹמֵד֩ לְפָנֶ֨יךָ שָּׁ֥ם | עַל־הַצּוּר֘ בְּחֹרֵב֒ וְהִכִּ֣יתָ בַצּ֗וּר וְיָֽצְא֥וּ מִמֶּ֛נּוּ מַ֖יִם וְשָׁתָ֣ה הָעָ֑ם וַיַּ֤עַשׂ כֵּן֙ משֶׁ֔ה לְעֵינֵ֖י זִקְנֵ֥י יִשְׂרָאֵֽל:
and you shall strike the rock: Heb. וְהִכִּיתָ בַצּוּר. It does not say עַל-הַצּוּר, upon the rock, but בַצּוּר, [lit., into the rock]. From here [we deduce] that the staff was of a hard substance called sapphire, and the rock was split by it. — [from Mechilta] והכית בצור: על הצור לא נאמר אלא בצור, מכאן שהמטה היה של מין דבר חזק ושמו סנפרינון והצור נבקע מפניו:
7He named the place Massah [testing] and Meribah [quarreling] because of the quarrel of the children of Israel and because of their testing the Lord, saying, Is the Lord in our midst or not? זוַיִּקְרָא֙ שֵׁ֣ם הַמָּק֔וֹם מַסָּ֖ה וּמְרִיבָ֑ה עַל־רִ֣יב | בְּנֵ֣י יִשְׂרָאֵ֗ל וְעַ֨ל נַסֹּתָ֤ם אֶת־יְהֹוָה֙ לֵאמֹ֔ר הֲיֵ֧שׁ יְהֹוָ֛ה בְּקִרְבֵּ֖נוּ אִם־אָֽיִן:
8Amalek came and fought with Israel in Rephidim. חוַיָּבֹ֖א עֲמָלֵ֑ק וַיִּלָּ֥חֶם עִם־יִשְׂרָאֵ֖ל בִּרְפִידִֽם:
Amalek came, etc.: He [God] juxtaposed this section to this verse, ["Is the Lord in our midst or not? "] implying: “I am always among you, and [I am] always prepared for all your necessities, but you say, Is the Lord in our midst or not?’ By your life, the dog will come and bite you, and you will cry out to Me, and [then] you will know where I am ” This can be compared to a man who mounted his son on his shoulder and set out on the road. Whenever his son saw something, he would say, “Father, take that thing and give it to me,” and he [the father] would give it to him. They met a man, and the son said to him, “Have you seen my father?” So his father said to him, “You don’t know where I am?” He threw him [his son] down off him, and a dog came and bit him [the son]. — [from Tanchuma, Yithro 3; Exod. Rabbah 26:2] ויבא עמלק וגו': סמך פרשה זו למקרא זה, לומר תמיד אני ביניכם ומזומן לכל צרכיכם, ואתם אומרים (פסוק ז) היש ה' בקרבנו אם אין, חייכם שהכלב בא ונושך אתכם ואתם צועקים אלי ותדעון היכן אני. משל לאדם שהרכיב בנו על כתפו ויצא לדרך, היה אותו הבן רואה חפץ ואומר, אבא טול חפץ זה ותן לי, והוא נותן לו, וכן שניה וכן שלישית, פגעו באדם אחד, אמר לו אותו הבן ראית את אבא. אמר לו אביו אינך יודע היכן אני, השליכו מעליו ובא הכלב ונשכו:
9So Moses said to Joshua, Pick men for us, and go out and fight against Amalek. Tomorrow I will stand on top of the hill with the staff of God in my hand טוַיֹּ֨אמֶר משֶׁ֤ה אֶל־יְהוֹשֻׁ֨עַ֙ בְּחַר־לָ֣נוּ אֲנָשִׁ֔ים וְצֵ֖א הִלָּחֵ֣ם בַּֽעֲמָלֵ֑ק מָחָ֗ר אָֽנֹכִ֤י נִצָּב֙ עַל־רֹ֣אשׁ הַגִּבְעָ֔ה וּמַטֵּ֥ה הָֽאֱלֹהִ֖ים בְּיָדִֽי:
Pick…for us: For me and for you. From here the Sages stated: “Your disciple’s honor shall be as dear to you as your own honor” (Avoth 4:12). How do we know that you should honor your peer as you revere your mentor? For it is said: “Aaron said to Moses, I beseech you, my lord’ ” (Num. 12:11). Now was Aaron not older than Moses? Yet he [Aaron] considers his peer as his mentor. And how do we know that one must revere his mentor as he reveres Heaven? For it is said: “My lord, Moses, destroy them” (Num. 11:28). Destroy them [Eldad and Medad] from the world. They deserve to be annihilated because they are rebelling against you, [which is] tantamount to having rebelled against the Holy One, blessed be He. — [from Mechilta; Tanchuma, Beshallach 26] בחר לנו: לי ולך, השוהו לו, מכאן אמרו יהי כבוד תלמידך חביב עליך כשלך וכבוד חבירך כמורא רבך, מנין שנאמר (במדבר יב יא) ויאמר אהרן אל משה בי א-דני והלא אהרן גדול מאחיו היה ועושה את חבירו כרבו. ומורא רבך כמורא שמים מנין, שנאמר (שם יא כח) אדוני משה כלאם, כלם מן העולם, חייבין הם כלייה, המורדים בך, כאלו מרדו בהקב"ה:
and go out and fight: Go out of the cloud and fight with them. — [from Mechilta and Exod. Rabbah, end of Beshallach] וצא הלחם: צא מן הענן והלחם בו:
Tomorrow: At the time of the battle, I will stand. מחר: בעת המלחמה אנכי נצב:
Pick men for us: Heb. אִנָשִׁים, mighty men, and God-fearing [men] so that their merit will help us (Mechilta d’Rabbi Shimon ben Yochai, Pirkei d’Rabbi Eliezer ch. 44, Yalkut Shimoni, Jonathan). Another explanation: who know how to counteract witchcraft, because the Amalekites were sorcerers. בחר לנו אנשים: גבורים ויראי חטא שתהא זכותן מסייעתן. דבר אחר בחר לנו אנשים שיודעין לבטל כשפים לפי שבני עמלק מכשפין היו:
10Joshua did as Moses had told him, to fight against Amalek; and Moses, Aaron, and Hur ascended to the top of the hill. יוַיַּ֣עַשׂ יְהוֹשֻׁ֗עַ כַּֽאֲשֶׁ֤ר אָֽמַר־לוֹ֙ משֶׁ֔ה לְהִלָּחֵ֖ם בַּֽעֲמָלֵ֑ק וּמשֶׁה֙ אַֽהֲרֹ֣ן וְח֔וּר עָל֖וּ רֹ֥אשׁ הַגִּבְעָֽה:
and Moses, Aaron, and Hur: From here [we deduce] that on a fast day, three people are required to go before the ark [to lead the prayers], for they were fasting. — [from Mechilta] ומשה אהרן וחור: מכאן לתענית שצריכים שלשה לעבור לפני התיבה, שבתענית היו שרויים:
Hur: He was the son of Miriam, and Caleb, her husband. — [from Sotah 11b] חור: בנה של מרים היה וכלב בעלה:
11It came to pass that when Moses would raise his hand, Israel would prevail, and when he would lay down his hand, Amalek would prevail. יאוְהָיָ֗ה כַּֽאֲשֶׁ֨ר יָרִ֥ים משֶׁ֛ה יָד֖וֹ וְגָבַ֣ר יִשְׂרָאֵ֑ל וְכַֽאֲשֶׁ֥ר יָנִ֛יחַ יָד֖וֹ וְגָבַ֥ר עֲמָלֵֽק:
when Moses would raise his hand: Did Moses’ hands then make them victorious in battle, etc.? [Rather this is to tell you that when the Israelites looked up and subjugated their hearts to their Father in heaven, they would prevail, and if not, they would fall,] as is found in Rosh Hashanah (29a). כאשר ירים משה ידו: וכי ידיו של משה נוצחות היו המלחמה וכו' כדאיתא בראש השנה (כט א):
12Now Moses hands were heavy; so they took a stone and placed it under him, and he sat on it. Aaron and Hur supported his hands, one from this [side], and one from that [side]; so he was with his hands in faith until sunset. יבוִידֵ֤י משֶׁה֙ כְּבֵדִ֔ים וַיִּקְחוּ־אֶ֛בֶן וַיָּשִׂ֥ימוּ תַחְתָּ֖יו וַיֵּ֣שֶׁב עָלֶ֑יהָ וְאַֽהֲרֹ֨ן וְח֜וּר תָּֽמְכ֣וּ בְיָדָ֗יו מִזֶּ֤ה אֶחָד֙ וּמִזֶּ֣ה אֶחָ֔ד וַיְהִ֥י יָדָ֛יו אֱמוּנָ֖ה עַד־בֹּ֥א הַשָּֽׁמֶשׁ:
Now Moses’ hands were heavy: Since he had been lax in [the performance of] the commandment [of warring against Amalek] and had appointed someone else in his stead, his hands became heavy. — [from Mechilta] וידי משה כבדים: בשביל שנתעצל במצוה ומנה אחר תחתיו, נתייקרו ידיו:
so they took: [I.e.,] Aaron and Hur. ויקחו: אהרן וחור:
a stone and placed it under him: But he [Moses] did not sit on a mattress or on a pillow, [because] he said, "Israel is in a state of pain. I too will be with them in pain."-[from Ta’anith 11a] אבן וישימו תחתיו: ולא ישב לו על כר וכסת. אמר ישראל שרויין בצער, אף אני אהיה עמהם בצער:
so he was with his hands in faith: And Moses was with his hands in faith, spread out toward heaven in a faithful and proper prayer. ויהי ידיו אמונה: ויהי משה ידיו באמונה פרושות השמים בתפלה נאמנה ונכונה:
until sunset: For the Amalekites calculated the hours [i.e., the time] with their astrology [to determine] in what hour they would be victorious, but Moses caused the sun to stand still and confused the hours. — [from Tanchuma 28] עד בא השמש: שהיו עמלקים מחשבין את השעות באצטרולוגיאה באיזו שעה הם נוצחים, והעמיד להם משה חמה וערבב את השעות:
13Joshua weakened Amalek and his people with the edge of the sword. יגוַיַּֽחֲל֧שׁ יְהוֹשֻׁ֛עַ אֶת־עֲמָלֵ֥ק וְאֶת־עַמּ֖וֹ לְפִי־חָֽרֶב:
Joshua weakened: He decapitated their [the Amalekites’] strongest warriors, and he left over only the weak among them, but he did not slay them all. From here we learn that he did this according to the mandate of the Shechinah. — [from Mechilta] ויחלש יהושע: חתך ראשי גבוריו ולא השאיר אלא חלשים שבהם ולא הרגם כולם, מכאן אנו למדין שעשה על פי הדבור של שכינה:
14The Lord said to Moses, Inscribe this [as] a memorial in the book, and recite it into Joshua's ears, that I will surely obliterate the remembrance of Amalek from beneath the heavens ידוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־ משֶׁ֗ה כְּתֹ֨ב זֹ֤את זִכָּרוֹן֙ בַּסֵּ֔פֶר וְשִׂ֖ים בְּאָזְנֵ֣י יְהוֹשֻׁ֑עַ כִּֽי־מָחֹ֤ה אֶמְחֶה֙ אֶת־זֵ֣כֶר עֲמָלֵ֔ק מִתַּ֖חַת הַשָּׁמָֽיִם:
Inscribe this [as] a memorial: namely that Amalek came to attack the Israelites before all [other] nations [dared to do so]. כתב זאת זכרון: שבא עמלק להזדווג לישראל קודם לכל האומות:
and recite it into Joshua’s ears: [Joshua] was destined to bring Israel into the land [of Israel and] to pay him [Amalek] his recompense. Here it was hinted to Moses that Joshua would bring Israel into the land. — [from Tanchuma 28, Mechilta] ושים באזני יהושע: המכניס את ישראל לארץ, שיצוה את ישראל לשלם לו את גמולו, כאן נרמז לו למשה שיהושע מכניס את ישראל לארץ:
I will surely obliterate the remembrance of Amalek: Therefore, I admonish you in this manner, because I want to obliterate him. כי מחה אמחה: לכך אני מזהירך כן, כי חפץ אני למחותו:
15Then Moses built an altar, and he named it The Lord is my miracle טווַיִּ֥בֶן משֶׁ֖ה מִזְבֵּ֑חַ וַיִּקְרָ֥א שְׁמ֖וֹ יְהֹוָ֥ה | נִסִּֽי:
and he named it: The altar. — ויקרא שמו: של מזבח:
“The Lord is my miracle”: Heb. ה נִסִּי. The Holy One, blessed be He, wrought a great miracle for us here. Not that the altar is called “The Lord,” but whoever mentions the name of the altar remembers the miracle that the Omnipresent performed: The Lord is our miracle. — [from Mechilta] ה' נסי: הקב"ה עשה לנו כאן נס גדול, לא שהמזבח קרוי ה', אלא המזכיר שמו של מזבח זוכר את הנס שעשה המקום, ה' הוא נס שלנו:
16And he said, For there is a hand on the throne of the Eternal, [that there shall be] a war for the Lord against Amalek from generation to generation. טזוַיֹּ֗אמֶר כִּי־יָד֙ עַל־כֵּ֣ס יָ֔הּ מִלְחָמָ֥ה לַֽיהֹוָ֖ה בַּֽעֲמָלֵ֑ק מִדֹּ֖ר דֹּֽר:
And he said: [I.e.,] Moses [said]. ויאמר: משה:
For there is a hand on the throne of the Eternal: Heb. כִּי-יָד עַל כֵּס יָ-הּ. The hand of the Holy One, blessed be He, was raised to swear by His throne, to have a war and [bear] hatred against Amalek for eternity. Now what is the meaning of כֵּס [as opposed to כִּסֵא and also [why is] the Divine Name divided in half? [I.e., why is the Name יָ-הּ used instead of י-ה-ו-ה ?] [The answer is that] the Holy One, blessed be He, swore that His Name will not be complete and His throne will not be complete until the name of Amalek is completely obliterated. And when his name is obliterated, the Divine Name will be complete, and the throne will be complete, as it is said: “The enemy has been destroyed; swords exist forever (לָנֶצַח)” (Ps. 9:7); this [who they are referring to] is Amalek, about whom it is written: “and kept their fury forever (נֶצַח)” (Amos 1:11). "And You have uprooted the cities-their remembrance is lost" (Ps. 9:7) [i.e., Amalek’s obliteration]. What does it say afterwards? “And the Lord (וַיהוה) shall sit forever” (Ps. 9:8); thus [after Amalek is obliterated] the Name is complete. "He has established His throne (כִּסְאוֹ) for judgment" (Ps. 9:8). Thus the throne is complete [i.e., thus the throne, here spelled with an “aleph,” is now complete]. — [from Midrash Tanchuma, end of Ki Theitzei] כי יד על כס יה: ידו של הקב"ה הורמה לישבע בכסאו להיות לו מלחמה ואיבה בעמלק עולמית, ומהו כס, ולא נאמר כסא, ואף השם נחלק לחציו, נשבע הקב"ה שאין שמו שלם ואין כסאו שלם עד שימחה שמו של עמלק כולו, וכשימחה שמו יהיה השם שלם והכסא שלם, שנאמר (תהלים ט ז) האויב תמו חרבות לנצח, זהו עמלק שכתוב בו (עמוס א יא) ועברתו שמרה נצח, (תהלים שם) וערים נתשת אבד זכרם המה, מהו אומר אחריו (תהלים ט ח) וה' לעולם ישב, הרי השם שלם, (תהלים שם) כונן למשפט כסאו, הרי כסאו שלם:
• Daily Tehillim: Psalms Chapters 77 - 78
• Chapter 77
1. For the Conductor, on the yedutun,1 by Asaph, a psalm.
2. [I raise] my voice to God and cry out; [I raise] my voice to God and He will listen to me.
3. On the day of my distress I sought my Lord. My wound oozes at night and does not abate; my soul refuses to be consoled.
4. I remember God and I moan; I speak and my spirit faints, Selah.
5. You grasped my eyelids; I am broken, I cannot speak.
6. I think of olden days, of ancient years.
7. During the night I recall my music, I meditate with my heart, and my spirit searches:
8. Is it for eternity that my Lord forsakes [me], nevermore to be appeased?
9. Has His kindness ceased forever? Has He sealed the decree for all generations?
10. Has God forgotten mercy? Has He in anger restrained His compassion forever?
11. I said, "It is to ter- rify me that the right hand of the Most High changes.”
12. I remember the deeds of Yah, when I remember Your wonders of long ago.
13. I meditate on all Your works, and speak of Your deeds.
14. O God, Your way is in sanctity; what god is as great as God?
15. You are the God Who works wonders; You make Your might known among the nations.
16. You redeemed Your people with a mighty arm, the children of Jacob and Joseph, Selah.
17. The waters2 saw You, O God, the waters saw You and trembled; even the deep shuddered.
18. The clouds streamed water, the heavens sounded forth, even Your arrows flew about.
19. The sound of Your thunder was in the rolling wind; lightning lit up the world; the earth trembled and quaked.
20. Your way was through the sea, Your path through the mighty waters; and Your footsteps were not known.3
21. You led Your people like a flock, by the hand of Moses and Aaron
FOOTNOTES
1.A musical instrument(Metzudot).
2.Of the Red Sea.
3.The waters returned to cover the trail.
Chapter 78
This psalm recounts all the miracles that God wrought for Israel, from the exodus of Egypt to David's becoming king over Israel.
1. A maskil1 by Asaph. Listen, my people, to my teaching; incline your ear to the words of my mouth.
2. I will open my mouth with a parable, I will utter riddles of long ago;
3. that which we have heard and know [to be true], and that our fathers have told us.
4. We will not withhold from their children, telling the final generation the praises of the Lord, and His might, and the wonders He has performed.
5. He established a testimony in Jacob, and set down the Torah in Israel, which He commanded our fathers to make known to their children,
6. so that the last generation shall know; children yet to be born will rise and tell their children,
7. and they shall put their hope in God, and not forget the works of the Almighty; and they shall guard His commandments.
8. And they shall not be like their fathers, a wayward and rebellious generation, a generation that did not set its heart straight, and whose spirit was not faithful to God.
9. The children of Ephraim, armed archers, retreated on the day of battle.2
10. They did not keep the covenant of God, and refused to follow His Torah.
11. They forgot His deeds and His wonders that He had shown them.
12. He performed wonders before their fathers, in the land of Egypt, in the field of Zoan.3
13. He split the sea and brought them across; He erected the waters like a wall.
14. He led them with a cloud by day, and all night long with the light of fire.
15. He split rocks in the wilderness, and gave them to drink as if from the abundant depths.
16. And He brought forth flowing waters from the rock, and caused waters to descend like rivers.
17. Yet they again continued to sin against Him, to provoke the Most High in the parched land.
18. And they tested God in their hearts, by requesting food for their craving.
19. They spoke against God; they said, "Can God set a table in the wilderness?
20. True, He hit the rock and waters flowed, streams gushed forth; but can He also give bread? Will He prepare meat for His people?”
21. And so the Lord heard and was enraged; a fire was kindled against Jacob; wrath, too, flared against Israel.
22. For they did not believe in God and did not trust in His salvation,
23. [though] He had commanded the skies above, and opened the doors of heaven.
24. He had rained upon them manna to eat, and given them grain of heaven.
25. Man ate the bread of angels; He sent them [enough] provisions to satiate.
26. He drove the east wind through the heaven, and led the south wind with His might.
27. He rained meat upon them like dust, winged birds like the sand of seas;
28. and He dropped them inside His camp, around His dwellings.
29. And they ate and were very satiated, for He brought them their desire.
30. They were not yet estranged from their craving, their food was still in their mouths,
31. when the wrath of God rose against them and slew their mighty ones, and brought down the chosen of Israel.
32. Despite this, they sinned again, and did not believe in His wonders;
33. so He ended their days in futility, and their years in terror.
34. When He slew them they would seek Him, they would return and pray to God.
35. They remembered that God is their rock, God the Most High, their redeemer.
36. But they beguiled Him with their mouth, and deceived Him with their tongue.
37. Their heart was not steadfast with Him; they were not faithful to His covenant.
38. Yet He is compassionate, pardons iniquity, and does not destroy; time and again He turns away His anger, and does not arouse all His wrath.
39. He remembered that they were but flesh, a spirit that leaves and does not return.
40. How often they provoked Him in the desert, and grieved Him in the wasteland!
41. Again and again they tested God, and sought a sign from the Holy One of Israel.
42. They did not remember His hand, the day He redeemed them from the oppressor;
43. that He set His signs in Egypt, and His wonders in the field of Zoan.
44. He turned their rivers to blood, and made their flowing waters undrinkable.
45. He sent against them a mixture of beasts which devoured them, and frogs that destroyed them.
46. He gave their produce to the grasshopper, and their toil to the locust.
47. He killed their vines with hail, and their sycamores with biting frost.
48. He delivered their animals to the hail, and their livestock to fiery bolts.
49. He sent against them His fierce anger, fury, rage, and affliction; a delegation of messengers of evil.
50. He leveled a path for His anger, and did not spare their soul from death; He delivered their animals to pestilence.
51. He struck every firstborn in Egypt, the first fruit of their strength in the tents of Ham.4
52. He drove His nation like sheep, and guided them like a flock in the desert.
53. He led them in security and they did not fear, for the sea covered their enemies.
54. And He brought them to the boundary of His holy place, this mountain which His right hand acquired.
55. He drove out nations before them, and allotted them an inheritance [measured] by the cord; He settled the tribes of Israel in their tents.
56. Yet they tested and defied God, the Most High, and did not keep His testimonies.
57. They regressed and rebelled like their fathers; they turned around like a deceptive bow.
58. They angered Him with their high altars, and provoked Him with their idols.
59. God heard and was enraged, and He was utterly disgusted with Israel;
60. And He abandoned the Tabernacle of Shilo, the Tent where He had dwelled among men.
61. He put His might into captivity, and His glory into the hand of the oppressor.
62. He delivered His nation to the sword, and was enraged with His inheritance.
63. Fire consumed His young men, and His maidens had no marriage song.
64. His priests fell by the sword, and their widows did not weep.5
65. And the Lord awoke like one who had been asleep, like a warrior shouting [to sober himself] from wine.
66. He beat His enemies into retreat, and dealt them eternal disgrace.
67. He was disgusted with the tent of Joseph, and did not choose the tribe of Ephraim.
68. He chose the tribe of Judah, Mount Zion which He loves.
69. And He built His Sanctuary [permanent as] the heavens; like the earth, He established it forever.
70. And He chose David His servant, and took him from the sheep corrals.
71. From following the nursing ewes, He brought Him to shepherd His nation Jacob, Israel His inheritance.
72. And he tended them with the integrity of his heart, and led them with the skill of his hands.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
2.The Ephraimites escaped Egypt before the other tribes, but were defeated when trying to enter the land of Canaan.
3.Capital of Egypt (Radak).
4.Progenitor of the Egyptians.
5.They died before being able to weep (Targum).
Tanya: Likutei Amarim, middle of Chapter 24
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 15 Shevat, 5777 · 11 February 2017
• Likutei Amarim, middle of Chapter 24
• לכן אמרו רז״ל על פסוק כי תשטה אשתו: אין אדם עובר עבירה כו’
• Rambam - Shabbat, 15 Shevat, 5777 · 11 February 2017
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Positive Commandment 95 (Digest)
• The Nullification of Vows
We are commanded to practice the Torah-mandated procedure in the event that a vow is to be annulled.
(This commandment is somewhat based on the verse [Numbers 30:3] "he shall not profane his word," from which the Sages deduce that the one who enacted the vow may not profane his own word, but others – such as a sage or rabbinical court – may do so. Nevertheless, the Talmud says that the "annulment of vows flies in the air, with no [explicit biblical] support...")
The Torah explicitly tells us that a husband and father can nullify vows, and tradition teaches that a sage, too, has the power to do so.
• The Nullification of Vows
The 95th mitzvah is that we are commanded regarding the annulment of vows.
This does not mean that there is a commandment to annul vows, but rather that there are certain laws to be followed when doing so. You should keep this principle in mind whenever a mitzvah is enumerated — it does not necessarily mean that we are commanded to perform a certain action, but rather that a certain case [whenever it comes up,] must be judged according to certain laws.
The annulment of vows done by a father [to his daughter] and a husband [to his wife] is explained in the Torah1 in detail.
Furthermore, we know from the Oral Tradition that a Torah scholar can nullify anyone's vow or oath. This is hinted to in the verse,2 "He must not nullify his word." [The Sages3 explain,] "He may not nullify his word, but others may nullify it for him." The final conclusion is that there is no real source in Scripture [for the Torah scholar's power to annul a vow, and the verse quoted above is only a hint]. As our Sages4 put it, "The laws regarding the annulment of vows [by a Torah scholar] are flying in the air, with nothing to support them" — except in the Oral Tradition.
The details of this mitzvah are found in the tractate devoted to this subject, tractate Nedarim.
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.Num. 30:4-17.
2.Num. 30:3.
3.Berachos 32a; Chagigah 10a.
4.Chagigah ibid.
• Rambam - 1 Chapter: Mechirah Mechirah - Chapter Four
• Mechirah - Chapter Four
• Nedarim - Chapter 10
• Shabbat, 15 Shevat, 5777 · 11 February 2017
• "Today's Day"
• Thursday, Sh'vat 15, 5703
Tachanun is not said.
Torah lessons: Chumash: B'shalach, Chamishi with Rashi.
Tehillim: 77-78.
Tanya: Yet his so-called (p. 87)...losing their entity. (p. 89).
When the second part of Torah Or was about to be printed, Chassidim knew that the Tzemach Tzedek had written glosses and commentaries on the maamarim. They pleaded with him to publish these with the maamarim, but he refused. He then dreamt that his grandfather, the Alter Rebbe, visited him and asked him to publish them, but he revealed this to no one. Only after three of his sons had the same dream and reported this to him did he agree to have his glosses and commentary printed with the second part of Torah Or, which they now entitled "Likutei Torah."1
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 Sh'vat 3.
• Daily Thought:
Life's Roots
We are trees, living two lives at once.
One life breaking out through the soil into this world. And even then, with all our might, we struggle to rise yet higher, climbing up towards the sun, desperate not to be torn away by the fury of its storms or consumed by its fires.
Then there are our roots, deep under the ground, unmoving and serene. They are our ancient mothers and fathers, who lie within us at our very core.
For them, there is no storm, no struggle. There is only the One, the Infinite, for Whom all the cosmos with all its challenges are nothing more than a fantasy renewed every moment from the void.
Our strength is from our bond with them. With their nurture we will conquer the storm and bring beauty to the world within which we were planted.
Chumash: Beshalach, 7th Portion Exodus 17:1-17:16 with Rashi
• Exodus Chapter 17
1The entire community of the children of Israel journeyed from the desert of Sin to their travels by the mandate of the Lord. They encamped in Rephidim, and there was no water for the people to drink. אוַ֠יִּסְע֠וּ כָּל־עֲדַ֨ת בְּנֵֽי־יִשְׂרָאֵ֧ל מִמִּדְבַּר־סִ֛ין לְמַסְעֵיהֶ֖ם עַל־פִּ֣י יְהֹוָ֑ה וַיַּֽחֲנוּ֙ בִּרְפִידִ֔ים וְאֵ֥ין מַ֖יִם לִשְׁתֹּ֥ת הָעָֽם:
2So the people quarreled with Moses, and they said, Give us water that we may drink Moses said to them, Why do you quarrel with me? Why do you test the Lord? בוַיָּ֤רֶב הָעָם֙ עִם־משֶׁ֔ה וַיֹּ֣אמְר֔וּ תְּנוּ־לָ֥נוּ מַ֖יִם וְנִשְׁתֶּ֑ה וַיֹּ֤אמֶר לָהֶם֙ משֶׁ֔ה מַה־תְּרִיבוּן֙ עִמָּדִ֔י מַה־תְּנַסּ֖וּן אֶת־יְהֹוָֽה:
Why do you test the Lord: saying, “Can He give water in an arid land?” מה תנסון: לומר היוכל לתת מים בארץ ציה:
3The people thirsted there for water, and the people complained against Moses, and they said, Why have you brought us up from Egypt to make me and my children and my livestock die of thirst? גוַיִּצְמָ֨א שָׁ֤ם הָעָם֙ לַמַּ֔יִם וַיָּ֥לֶן הָעָ֖ם עַל־משֶׁ֑ה וַיֹּ֗אמֶר לָ֤מָּה זֶּה֙ הֶֽעֱלִיתָ֣נוּ מִמִּצְרַ֔יִם לְהָמִ֥ית אֹתִ֛י וְאֶת־בָּנַ֥י וְאֶת־מִקְנַ֖י בַּצָּמָֽא:
4Moses cried out to the Lord, saying, What shall I do for this people? Just a little longer and they will stone me! דוַיִּצְעַ֤ק משֶׁה֙ אֶל־יְהֹוָ֣ה לֵאמֹ֔ר מָ֥ה אֶֽעֱשֶׂ֖ה לָעָ֣ם הַזֶּ֑ה ע֥וֹד מְעַ֖ט וּסְקָלֻֽנִי:
Just a little longer: If I wait just a little longer, they will stone me. עוד מעט: אם אמתין עוד מעט וסקלוני:
5And the Lord said to Moses, Pass before the people and take with you [some] of the elders of Israel, and take into your hand your staff, with which you struck the Nile, and go. הוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־משֶׁ֗ה עֲבֹר֙ לִפְנֵ֣י הָעָ֔ם וְקַ֥ח אִתְּךָ֖ מִזִּקְנֵ֣י יִשְׂרָאֵ֑ל וּמַטְּךָ֗ אֲשֶׁ֨ר הִכִּ֤יתָ בּוֹ֙ אֶת־הַיְאֹ֔ר קַ֥ח בְּיָֽדְךָ֖ וְהָלָֽכְתָּ:
Pass before the people: And see whether they stone you. Why have you slandered My children?-[from Tanchuma Beshallach 22] עבר לפני העם: וראה אם יסקלוך, למה הוצאת לעז על בני:
and take with you [some] of the elders of Israel: for testimony, so that they shall witness that through you the water comes out of the rock, and they [the Israelites] will not say that there were water fountains there from days of yore. — [from Mechilta] וקח אתך מזקני ישראל: לעדות שיראו שעל ידך המים יוצאים מן הצור, ולא יאמרו מעיינות היו שם מימי קדם:
your staff, with which you struck the Nile: Why must Scripture state "with which you struck the Nile"? [To point out what] the Israelites were saying about the staff, [namely] that it was ready only for retribution. With it, Pharaoh and the Egyptians were smitten with many plagues, both in Egypt and by the sea. Therefore, it is stated: “with which you struck the Nile.” Now they will see that it [the staff] is ready for good as well. — [from Mechilta, Exod. Rabbah 26:2] ומטך אשר הכית בו את היאר: מה תלמוד לומר אשר הכית בו את היאור, אלא שהיו ישראל אומרים על המטה שאינו מוכן אלא לפורעניות, בו לקה פרעה ומצרים כמה מכות במצרים ועל הים, לכן נאמר אשר הכית בו את היאר, יראו עתה שאף לטובה הוא מוכן:
6Behold, I shall stand there before you on the rock in Horeb, and you shall strike the rock, and water will come out of it, and the people will drink Moses did so before the eyes of the elders of Israel. והִנְנִ֣י עֹמֵד֩ לְפָנֶ֨יךָ שָּׁ֥ם | עַל־הַצּוּר֘ בְּחֹרֵב֒ וְהִכִּ֣יתָ בַצּ֗וּר וְיָֽצְא֥וּ מִמֶּ֛נּוּ מַ֖יִם וְשָׁתָ֣ה הָעָ֑ם וַיַּ֤עַשׂ כֵּן֙ משֶׁ֔ה לְעֵינֵ֖י זִקְנֵ֥י יִשְׂרָאֵֽל:
and you shall strike the rock: Heb. וְהִכִּיתָ בַצּוּר. It does not say עַל-הַצּוּר, upon the rock, but בַצּוּר, [lit., into the rock]. From here [we deduce] that the staff was of a hard substance called sapphire, and the rock was split by it. — [from Mechilta] והכית בצור: על הצור לא נאמר אלא בצור, מכאן שהמטה היה של מין דבר חזק ושמו סנפרינון והצור נבקע מפניו:
7He named the place Massah [testing] and Meribah [quarreling] because of the quarrel of the children of Israel and because of their testing the Lord, saying, Is the Lord in our midst or not? זוַיִּקְרָא֙ שֵׁ֣ם הַמָּק֔וֹם מַסָּ֖ה וּמְרִיבָ֑ה עַל־רִ֣יב | בְּנֵ֣י יִשְׂרָאֵ֗ל וְעַ֨ל נַסֹּתָ֤ם אֶת־יְהֹוָה֙ לֵאמֹ֔ר הֲיֵ֧שׁ יְהֹוָ֛ה בְּקִרְבֵּ֖נוּ אִם־אָֽיִן:
8Amalek came and fought with Israel in Rephidim. חוַיָּבֹ֖א עֲמָלֵ֑ק וַיִּלָּ֥חֶם עִם־יִשְׂרָאֵ֖ל בִּרְפִידִֽם:
Amalek came, etc.: He [God] juxtaposed this section to this verse, ["Is the Lord in our midst or not? "] implying: “I am always among you, and [I am] always prepared for all your necessities, but you say, Is the Lord in our midst or not?’ By your life, the dog will come and bite you, and you will cry out to Me, and [then] you will know where I am ” This can be compared to a man who mounted his son on his shoulder and set out on the road. Whenever his son saw something, he would say, “Father, take that thing and give it to me,” and he [the father] would give it to him. They met a man, and the son said to him, “Have you seen my father?” So his father said to him, “You don’t know where I am?” He threw him [his son] down off him, and a dog came and bit him [the son]. — [from Tanchuma, Yithro 3; Exod. Rabbah 26:2] ויבא עמלק וגו': סמך פרשה זו למקרא זה, לומר תמיד אני ביניכם ומזומן לכל צרכיכם, ואתם אומרים (פסוק ז) היש ה' בקרבנו אם אין, חייכם שהכלב בא ונושך אתכם ואתם צועקים אלי ותדעון היכן אני. משל לאדם שהרכיב בנו על כתפו ויצא לדרך, היה אותו הבן רואה חפץ ואומר, אבא טול חפץ זה ותן לי, והוא נותן לו, וכן שניה וכן שלישית, פגעו באדם אחד, אמר לו אותו הבן ראית את אבא. אמר לו אביו אינך יודע היכן אני, השליכו מעליו ובא הכלב ונשכו:
9So Moses said to Joshua, Pick men for us, and go out and fight against Amalek. Tomorrow I will stand on top of the hill with the staff of God in my hand טוַיֹּ֨אמֶר משֶׁ֤ה אֶל־יְהוֹשֻׁ֨עַ֙ בְּחַר־לָ֣נוּ אֲנָשִׁ֔ים וְצֵ֖א הִלָּחֵ֣ם בַּֽעֲמָלֵ֑ק מָחָ֗ר אָֽנֹכִ֤י נִצָּב֙ עַל־רֹ֣אשׁ הַגִּבְעָ֔ה וּמַטֵּ֥ה הָֽאֱלֹהִ֖ים בְּיָדִֽי:
Pick…for us: For me and for you. From here the Sages stated: “Your disciple’s honor shall be as dear to you as your own honor” (Avoth 4:12). How do we know that you should honor your peer as you revere your mentor? For it is said: “Aaron said to Moses, I beseech you, my lord’ ” (Num. 12:11). Now was Aaron not older than Moses? Yet he [Aaron] considers his peer as his mentor. And how do we know that one must revere his mentor as he reveres Heaven? For it is said: “My lord, Moses, destroy them” (Num. 11:28). Destroy them [Eldad and Medad] from the world. They deserve to be annihilated because they are rebelling against you, [which is] tantamount to having rebelled against the Holy One, blessed be He. — [from Mechilta; Tanchuma, Beshallach 26] בחר לנו: לי ולך, השוהו לו, מכאן אמרו יהי כבוד תלמידך חביב עליך כשלך וכבוד חבירך כמורא רבך, מנין שנאמר (במדבר יב יא) ויאמר אהרן אל משה בי א-דני והלא אהרן גדול מאחיו היה ועושה את חבירו כרבו. ומורא רבך כמורא שמים מנין, שנאמר (שם יא כח) אדוני משה כלאם, כלם מן העולם, חייבין הם כלייה, המורדים בך, כאלו מרדו בהקב"ה:
and go out and fight: Go out of the cloud and fight with them. — [from Mechilta and Exod. Rabbah, end of Beshallach] וצא הלחם: צא מן הענן והלחם בו:
Tomorrow: At the time of the battle, I will stand. מחר: בעת המלחמה אנכי נצב:
Pick men for us: Heb. אִנָשִׁים, mighty men, and God-fearing [men] so that their merit will help us (Mechilta d’Rabbi Shimon ben Yochai, Pirkei d’Rabbi Eliezer ch. 44, Yalkut Shimoni, Jonathan). Another explanation: who know how to counteract witchcraft, because the Amalekites were sorcerers. בחר לנו אנשים: גבורים ויראי חטא שתהא זכותן מסייעתן. דבר אחר בחר לנו אנשים שיודעין לבטל כשפים לפי שבני עמלק מכשפין היו:
10Joshua did as Moses had told him, to fight against Amalek; and Moses, Aaron, and Hur ascended to the top of the hill. יוַיַּ֣עַשׂ יְהוֹשֻׁ֗עַ כַּֽאֲשֶׁ֤ר אָֽמַר־לוֹ֙ משֶׁ֔ה לְהִלָּחֵ֖ם בַּֽעֲמָלֵ֑ק וּמשֶׁה֙ אַֽהֲרֹ֣ן וְח֔וּר עָל֖וּ רֹ֥אשׁ הַגִּבְעָֽה:
and Moses, Aaron, and Hur: From here [we deduce] that on a fast day, three people are required to go before the ark [to lead the prayers], for they were fasting. — [from Mechilta] ומשה אהרן וחור: מכאן לתענית שצריכים שלשה לעבור לפני התיבה, שבתענית היו שרויים:
Hur: He was the son of Miriam, and Caleb, her husband. — [from Sotah 11b] חור: בנה של מרים היה וכלב בעלה:
11It came to pass that when Moses would raise his hand, Israel would prevail, and when he would lay down his hand, Amalek would prevail. יאוְהָיָ֗ה כַּֽאֲשֶׁ֨ר יָרִ֥ים משֶׁ֛ה יָד֖וֹ וְגָבַ֣ר יִשְׂרָאֵ֑ל וְכַֽאֲשֶׁ֥ר יָנִ֛יחַ יָד֖וֹ וְגָבַ֥ר עֲמָלֵֽק:
when Moses would raise his hand: Did Moses’ hands then make them victorious in battle, etc.? [Rather this is to tell you that when the Israelites looked up and subjugated their hearts to their Father in heaven, they would prevail, and if not, they would fall,] as is found in Rosh Hashanah (29a). כאשר ירים משה ידו: וכי ידיו של משה נוצחות היו המלחמה וכו' כדאיתא בראש השנה (כט א):
12Now Moses hands were heavy; so they took a stone and placed it under him, and he sat on it. Aaron and Hur supported his hands, one from this [side], and one from that [side]; so he was with his hands in faith until sunset. יבוִידֵ֤י משֶׁה֙ כְּבֵדִ֔ים וַיִּקְחוּ־אֶ֛בֶן וַיָּשִׂ֥ימוּ תַחְתָּ֖יו וַיֵּ֣שֶׁב עָלֶ֑יהָ וְאַֽהֲרֹ֨ן וְח֜וּר תָּֽמְכ֣וּ בְיָדָ֗יו מִזֶּ֤ה אֶחָד֙ וּמִזֶּ֣ה אֶחָ֔ד וַיְהִ֥י יָדָ֛יו אֱמוּנָ֖ה עַד־בֹּ֥א הַשָּֽׁמֶשׁ:
Now Moses’ hands were heavy: Since he had been lax in [the performance of] the commandment [of warring against Amalek] and had appointed someone else in his stead, his hands became heavy. — [from Mechilta] וידי משה כבדים: בשביל שנתעצל במצוה ומנה אחר תחתיו, נתייקרו ידיו:
so they took: [I.e.,] Aaron and Hur. ויקחו: אהרן וחור:
a stone and placed it under him: But he [Moses] did not sit on a mattress or on a pillow, [because] he said, "Israel is in a state of pain. I too will be with them in pain."-[from Ta’anith 11a] אבן וישימו תחתיו: ולא ישב לו על כר וכסת. אמר ישראל שרויין בצער, אף אני אהיה עמהם בצער:
so he was with his hands in faith: And Moses was with his hands in faith, spread out toward heaven in a faithful and proper prayer. ויהי ידיו אמונה: ויהי משה ידיו באמונה פרושות השמים בתפלה נאמנה ונכונה:
until sunset: For the Amalekites calculated the hours [i.e., the time] with their astrology [to determine] in what hour they would be victorious, but Moses caused the sun to stand still and confused the hours. — [from Tanchuma 28] עד בא השמש: שהיו עמלקים מחשבין את השעות באצטרולוגיאה באיזו שעה הם נוצחים, והעמיד להם משה חמה וערבב את השעות:
13Joshua weakened Amalek and his people with the edge of the sword. יגוַיַּֽחֲל֧שׁ יְהוֹשֻׁ֛עַ אֶת־עֲמָלֵ֥ק וְאֶת־עַמּ֖וֹ לְפִי־חָֽרֶב:
Joshua weakened: He decapitated their [the Amalekites’] strongest warriors, and he left over only the weak among them, but he did not slay them all. From here we learn that he did this according to the mandate of the Shechinah. — [from Mechilta] ויחלש יהושע: חתך ראשי גבוריו ולא השאיר אלא חלשים שבהם ולא הרגם כולם, מכאן אנו למדין שעשה על פי הדבור של שכינה:
14The Lord said to Moses, Inscribe this [as] a memorial in the book, and recite it into Joshua's ears, that I will surely obliterate the remembrance of Amalek from beneath the heavens ידוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־ משֶׁ֗ה כְּתֹ֨ב זֹ֤את זִכָּרוֹן֙ בַּסֵּ֔פֶר וְשִׂ֖ים בְּאָזְנֵ֣י יְהוֹשֻׁ֑עַ כִּֽי־מָחֹ֤ה אֶמְחֶה֙ אֶת־זֵ֣כֶר עֲמָלֵ֔ק מִתַּ֖חַת הַשָּׁמָֽיִם:
Inscribe this [as] a memorial: namely that Amalek came to attack the Israelites before all [other] nations [dared to do so]. כתב זאת זכרון: שבא עמלק להזדווג לישראל קודם לכל האומות:
and recite it into Joshua’s ears: [Joshua] was destined to bring Israel into the land [of Israel and] to pay him [Amalek] his recompense. Here it was hinted to Moses that Joshua would bring Israel into the land. — [from Tanchuma 28, Mechilta] ושים באזני יהושע: המכניס את ישראל לארץ, שיצוה את ישראל לשלם לו את גמולו, כאן נרמז לו למשה שיהושע מכניס את ישראל לארץ:
I will surely obliterate the remembrance of Amalek: Therefore, I admonish you in this manner, because I want to obliterate him. כי מחה אמחה: לכך אני מזהירך כן, כי חפץ אני למחותו:
15Then Moses built an altar, and he named it The Lord is my miracle טווַיִּ֥בֶן משֶׁ֖ה מִזְבֵּ֑חַ וַיִּקְרָ֥א שְׁמ֖וֹ יְהֹוָ֥ה | נִסִּֽי:
and he named it: The altar. — ויקרא שמו: של מזבח:
“The Lord is my miracle”: Heb. ה נִסִּי. The Holy One, blessed be He, wrought a great miracle for us here. Not that the altar is called “The Lord,” but whoever mentions the name of the altar remembers the miracle that the Omnipresent performed: The Lord is our miracle. — [from Mechilta] ה' נסי: הקב"ה עשה לנו כאן נס גדול, לא שהמזבח קרוי ה', אלא המזכיר שמו של מזבח זוכר את הנס שעשה המקום, ה' הוא נס שלנו:
16And he said, For there is a hand on the throne of the Eternal, [that there shall be] a war for the Lord against Amalek from generation to generation. טזוַיֹּ֗אמֶר כִּי־יָד֙ עַל־כֵּ֣ס יָ֔הּ מִלְחָמָ֥ה לַֽיהֹוָ֖ה בַּֽעֲמָלֵ֑ק מִדֹּ֖ר דֹּֽר:
And he said: [I.e.,] Moses [said]. ויאמר: משה:
For there is a hand on the throne of the Eternal: Heb. כִּי-יָד עַל כֵּס יָ-הּ. The hand of the Holy One, blessed be He, was raised to swear by His throne, to have a war and [bear] hatred against Amalek for eternity. Now what is the meaning of כֵּס [as opposed to כִּסֵא and also [why is] the Divine Name divided in half? [I.e., why is the Name יָ-הּ used instead of י-ה-ו-ה ?] [The answer is that] the Holy One, blessed be He, swore that His Name will not be complete and His throne will not be complete until the name of Amalek is completely obliterated. And when his name is obliterated, the Divine Name will be complete, and the throne will be complete, as it is said: “The enemy has been destroyed; swords exist forever (לָנֶצַח)” (Ps. 9:7); this [who they are referring to] is Amalek, about whom it is written: “and kept their fury forever (נֶצַח)” (Amos 1:11). "And You have uprooted the cities-their remembrance is lost" (Ps. 9:7) [i.e., Amalek’s obliteration]. What does it say afterwards? “And the Lord (וַיהוה) shall sit forever” (Ps. 9:8); thus [after Amalek is obliterated] the Name is complete. "He has established His throne (כִּסְאוֹ) for judgment" (Ps. 9:8). Thus the throne is complete [i.e., thus the throne, here spelled with an “aleph,” is now complete]. — [from Midrash Tanchuma, end of Ki Theitzei] כי יד על כס יה: ידו של הקב"ה הורמה לישבע בכסאו להיות לו מלחמה ואיבה בעמלק עולמית, ומהו כס, ולא נאמר כסא, ואף השם נחלק לחציו, נשבע הקב"ה שאין שמו שלם ואין כסאו שלם עד שימחה שמו של עמלק כולו, וכשימחה שמו יהיה השם שלם והכסא שלם, שנאמר (תהלים ט ז) האויב תמו חרבות לנצח, זהו עמלק שכתוב בו (עמוס א יא) ועברתו שמרה נצח, (תהלים שם) וערים נתשת אבד זכרם המה, מהו אומר אחריו (תהלים ט ח) וה' לעולם ישב, הרי השם שלם, (תהלים שם) כונן למשפט כסאו, הרי כסאו שלם:
• Daily Tehillim: Psalms Chapters 77 - 78
• Chapter 77
1. For the Conductor, on the yedutun,1 by Asaph, a psalm.
2. [I raise] my voice to God and cry out; [I raise] my voice to God and He will listen to me.
3. On the day of my distress I sought my Lord. My wound oozes at night and does not abate; my soul refuses to be consoled.
4. I remember God and I moan; I speak and my spirit faints, Selah.
5. You grasped my eyelids; I am broken, I cannot speak.
6. I think of olden days, of ancient years.
7. During the night I recall my music, I meditate with my heart, and my spirit searches:
8. Is it for eternity that my Lord forsakes [me], nevermore to be appeased?
9. Has His kindness ceased forever? Has He sealed the decree for all generations?
10. Has God forgotten mercy? Has He in anger restrained His compassion forever?
11. I said, "It is to ter- rify me that the right hand of the Most High changes.”
12. I remember the deeds of Yah, when I remember Your wonders of long ago.
13. I meditate on all Your works, and speak of Your deeds.
14. O God, Your way is in sanctity; what god is as great as God?
15. You are the God Who works wonders; You make Your might known among the nations.
16. You redeemed Your people with a mighty arm, the children of Jacob and Joseph, Selah.
17. The waters2 saw You, O God, the waters saw You and trembled; even the deep shuddered.
18. The clouds streamed water, the heavens sounded forth, even Your arrows flew about.
19. The sound of Your thunder was in the rolling wind; lightning lit up the world; the earth trembled and quaked.
20. Your way was through the sea, Your path through the mighty waters; and Your footsteps were not known.3
21. You led Your people like a flock, by the hand of Moses and Aaron
FOOTNOTES
1.A musical instrument(Metzudot).
2.Of the Red Sea.
3.The waters returned to cover the trail.
Chapter 78
This psalm recounts all the miracles that God wrought for Israel, from the exodus of Egypt to David's becoming king over Israel.
1. A maskil1 by Asaph. Listen, my people, to my teaching; incline your ear to the words of my mouth.
2. I will open my mouth with a parable, I will utter riddles of long ago;
3. that which we have heard and know [to be true], and that our fathers have told us.
4. We will not withhold from their children, telling the final generation the praises of the Lord, and His might, and the wonders He has performed.
5. He established a testimony in Jacob, and set down the Torah in Israel, which He commanded our fathers to make known to their children,
6. so that the last generation shall know; children yet to be born will rise and tell their children,
7. and they shall put their hope in God, and not forget the works of the Almighty; and they shall guard His commandments.
8. And they shall not be like their fathers, a wayward and rebellious generation, a generation that did not set its heart straight, and whose spirit was not faithful to God.
9. The children of Ephraim, armed archers, retreated on the day of battle.2
10. They did not keep the covenant of God, and refused to follow His Torah.
11. They forgot His deeds and His wonders that He had shown them.
12. He performed wonders before their fathers, in the land of Egypt, in the field of Zoan.3
13. He split the sea and brought them across; He erected the waters like a wall.
14. He led them with a cloud by day, and all night long with the light of fire.
15. He split rocks in the wilderness, and gave them to drink as if from the abundant depths.
16. And He brought forth flowing waters from the rock, and caused waters to descend like rivers.
17. Yet they again continued to sin against Him, to provoke the Most High in the parched land.
18. And they tested God in their hearts, by requesting food for their craving.
19. They spoke against God; they said, "Can God set a table in the wilderness?
20. True, He hit the rock and waters flowed, streams gushed forth; but can He also give bread? Will He prepare meat for His people?”
21. And so the Lord heard and was enraged; a fire was kindled against Jacob; wrath, too, flared against Israel.
22. For they did not believe in God and did not trust in His salvation,
23. [though] He had commanded the skies above, and opened the doors of heaven.
24. He had rained upon them manna to eat, and given them grain of heaven.
25. Man ate the bread of angels; He sent them [enough] provisions to satiate.
26. He drove the east wind through the heaven, and led the south wind with His might.
27. He rained meat upon them like dust, winged birds like the sand of seas;
28. and He dropped them inside His camp, around His dwellings.
29. And they ate and were very satiated, for He brought them their desire.
30. They were not yet estranged from their craving, their food was still in their mouths,
31. when the wrath of God rose against them and slew their mighty ones, and brought down the chosen of Israel.
32. Despite this, they sinned again, and did not believe in His wonders;
33. so He ended their days in futility, and their years in terror.
34. When He slew them they would seek Him, they would return and pray to God.
35. They remembered that God is their rock, God the Most High, their redeemer.
36. But they beguiled Him with their mouth, and deceived Him with their tongue.
37. Their heart was not steadfast with Him; they were not faithful to His covenant.
38. Yet He is compassionate, pardons iniquity, and does not destroy; time and again He turns away His anger, and does not arouse all His wrath.
39. He remembered that they were but flesh, a spirit that leaves and does not return.
40. How often they provoked Him in the desert, and grieved Him in the wasteland!
41. Again and again they tested God, and sought a sign from the Holy One of Israel.
42. They did not remember His hand, the day He redeemed them from the oppressor;
43. that He set His signs in Egypt, and His wonders in the field of Zoan.
44. He turned their rivers to blood, and made their flowing waters undrinkable.
45. He sent against them a mixture of beasts which devoured them, and frogs that destroyed them.
46. He gave their produce to the grasshopper, and their toil to the locust.
47. He killed their vines with hail, and their sycamores with biting frost.
48. He delivered their animals to the hail, and their livestock to fiery bolts.
49. He sent against them His fierce anger, fury, rage, and affliction; a delegation of messengers of evil.
50. He leveled a path for His anger, and did not spare their soul from death; He delivered their animals to pestilence.
51. He struck every firstborn in Egypt, the first fruit of their strength in the tents of Ham.4
52. He drove His nation like sheep, and guided them like a flock in the desert.
53. He led them in security and they did not fear, for the sea covered their enemies.
54. And He brought them to the boundary of His holy place, this mountain which His right hand acquired.
55. He drove out nations before them, and allotted them an inheritance [measured] by the cord; He settled the tribes of Israel in their tents.
56. Yet they tested and defied God, the Most High, and did not keep His testimonies.
57. They regressed and rebelled like their fathers; they turned around like a deceptive bow.
58. They angered Him with their high altars, and provoked Him with their idols.
59. God heard and was enraged, and He was utterly disgusted with Israel;
60. And He abandoned the Tabernacle of Shilo, the Tent where He had dwelled among men.
61. He put His might into captivity, and His glory into the hand of the oppressor.
62. He delivered His nation to the sword, and was enraged with His inheritance.
63. Fire consumed His young men, and His maidens had no marriage song.
64. His priests fell by the sword, and their widows did not weep.5
65. And the Lord awoke like one who had been asleep, like a warrior shouting [to sober himself] from wine.
66. He beat His enemies into retreat, and dealt them eternal disgrace.
67. He was disgusted with the tent of Joseph, and did not choose the tribe of Ephraim.
68. He chose the tribe of Judah, Mount Zion which He loves.
69. And He built His Sanctuary [permanent as] the heavens; like the earth, He established it forever.
70. And He chose David His servant, and took him from the sheep corrals.
71. From following the nursing ewes, He brought Him to shepherd His nation Jacob, Israel His inheritance.
72. And he tended them with the integrity of his heart, and led them with the skill of his hands.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
2.The Ephraimites escaped Egypt before the other tribes, but were defeated when trying to enter the land of Canaan.
3.Capital of Egypt (Radak).
4.Progenitor of the Egyptians.
5.They died before being able to weep (Targum).
Tanya: Likutei Amarim, middle of Chapter 24
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 15 Shevat, 5777 · 11 February 2017
• Likutei Amarim, middle of Chapter 24
• לכן אמרו רז״ל על פסוק כי תשטה אשתו: אין אדם עובר עבירה כו’
This explains the commentary of our Sages on the verse, 1 “If a man’s wife turns aside [and commits adultery].” 2 — “No man commits any transgression unless a spirit of folly has entered into him.
The Sages thus relate the root ofתשטה — ”turns aside,“ toשטות — ”folly“.
דאפילו אשה המנאפת, שדעתה קלה, היתה מושלת ברוח תאותה לולי רוח שטות שבה
For even an adulterous woman, with her frivolous nature, could have controlled her passionate drive were it not for the spirit of folly within her,
המכסה ומסתיר ומעלים את האהבה מסותרת שבנפשה האלקית, לדבקה באמונת ה‘ ויחודו ואחדותו, ולא ליפרד חס ושלום מאחדותו, אפילו נוטלים את נפשה ממנה, לעבוד עבודה זרה, חס ושלום
which covers and conceals the hidden love within her divine soul, that yearns to cleave to her faith in G‑d, and to His unity and oneness, and that resists even on pain of death, any separation from His unity through idol-worship, i.e., even this adultress would willingly sacrifice her life, rather than submit to coercion to practice idolatry,
ואפילו בהשתחואה לבדה, בלי שום אמונה בלב כלל
even if this idol-worship would consist merely of an empty act ofprostrating herself before the idolized object, without any belief in her heart in the validity of idol-worship.
וכל שכן לכבוש היצר ותאות הניאוף שהם יסורים קלים ממיתה, ה’ ישמרנו
Now, if her hidden love of G‑d has the power to enable her to face death rather than be separated from Him, surely then it is within its power to overcome the temptation and lust for adultery, which is lighter suffering than death (May G‑d protect us!).
It is only the ”spirit of folly,“ i.e., the notion that her sin will not tear her away from G‑dliness, that leads her to commit adultery.
It might be argued, however, that she differentiates between idolatry and adultery; she regards the former as much more heinous (and thus more certain to tear her away from G‑d) than the latter. Perhaps this differentiation (not the ”spirit of folly“) is why she would sacrifice her life rather than practice idolatry, yet at the same time she would not sacrifice her temptation for adultery. In answer, the Alter Rebbe states:
וההפרש שאצלה בין איסור ניאוף לאיסור השתחואה לעבודה זרה, הוא גם כן רוח שטות דקליפה
The distinction she makes between the prohibition against idolatry and that against adultery is also but a ”spirit of folly“ stemming from the kelipah.
It renders her insensitive to the enormous breach between herself and G‑d that is created by every sin. If she were aware of this breach, she would certainly overcome desire and refrain from sin.
המלבשת לנפש האלקית עד בחינת חכמה שבה, ולא עד בכלל, מפני אור ה‘ המלובש בחכמה כנ״ל
Yet the ”spirit of folly“ envelops the divine soul only up to, but not including, its faculty of Chochmah which, as explained in ch. 18, represents the power of faith in G‑d; this faith is unaffected by the ”spirit of folly,“because of the Divine light that is clothed in the faculty of Chochmah, as explained above. 3
Therefore, when confronted with a matter that directly bears on her faith in G‑d, such as idolatry, where the ”spirit of folly“ is powerless, she would willingly sacrifice her life. But when faced with the temptation for adultery, where the ”spirit of folly“ can — and does — conceal her faith in G‑d and her hidden love for Him, she succumbs. As stated, the subjective distinction between the two stems from foolishness and insensitivity.
אבל באמת לאמיתו, אפילו עבירה קלה, הרי העוברה עובר על רצון העליון, ברוך הוא
In truth, however, even he who commits a minor sin transgresses the Divine Will,
והוא בתכלית הפירוד מיחודו ואחדותו יתברך, יותר מסטרא אחרא וקליפה הנקראת אלקים אחרים ועבודה זרה ממש, ויותר מכל הדברים הנשפעים ממנה בעולם הזה
and he is completely sundered from G‑d’s unity and oneness even more than the sitra achra and kelipah, which are called ”strange gods“ and ”idolatry“, since kelipah does not violate G‑d’s Will, whereas he does, and more than all things of this world that are derived from them,
שהם בהמות טמאות וחיות ועופות טמאים ושקצים ורמשים
namely, the unclean cattle, beasts, and birds, and the vermin and reptileswhich all receive their life-force from the three completely unclean kelipot.
The person who transgresses even a minor sin, then, is worse and lower than the kelipot and all that derives from them.
וכמאמר: יתוש קדמך
As our Sages have said, 4 ”When a man sins, he is told: ’The gnat preceded you.'
The simple meaning of this statement is: ”You have no cause for pride! Even the lowly gnat was created before you!“ But the deeper spiritual meaning is that the gnat takes precedence over the sinner in rank — as the Alter Rebbe goes on to explain:
פירוש: דאף יתוש שמכניס ואינו מוציא
This means that even the gnat which as the Talmud states consumes [food] but does not excrete, indicating a kelipah which is the height of selfishness — it does not give anything of itself,
שהיא קליפה היותר תחתונה ורחוקה מבחינת הקדושה, המשפעת בתכלית ריחוק, קודמת לאיש החוטא בהשתלשלות וירידת החיות מרצון העליון, ברוך הוא
which is the very lowest form of kelipah, and is far removed from holiness, which characteristically gives of itself even to those far from it — for holiness implies humility, which leads to kindness and to benevolence, while kelipah represents egocentricity and selfishness; now even the very lowest kelipah, symbolized by the gnat, takes precedence over the sinner in the order of descent of the Divine life-force from the Divine Will.
This means that the kelipah symbolized by the gnat derives its life-force from a higher level of G‑dliness than that from which the sinner is sustained.
וכל שכן שאר בעלי חיים הטמאים ואפילו חיות רעות, שכולם אינם משנים תפקידם, ופקודתו יתברך שמרה רוחם, ואף על גב דאיהו לא חזי כו’
And surely the other unclean creatures and even the ferocious beasts [are higher than the sinner]. All of these do not deviate from their Divinely intended purpose, but obey G‑d’s command. Although they cannot perceive it, for the animal cannot perceive G‑d’s command, yet their ”spirit“ perceives it. 5
I.e., the life-force animating them, which is aware of the Divine Will, does not permit them to act in violation of it.
וכמו שכתוב: ומוראכם וחתכם יהיה על כל חית הארץ, וכפירוש רז״ל, שאין חיה רעה מושלת באדם אלא אם כן נדמה לה כבהמה
As it is written: 6 ”The fear and dread of you shall lie upon every beast of the earth,“ and as our Sages explain: 7 ”A wild beast will never defy a human being unless he appears to it like an animal.“
והצדיקים, שאין צלם אלקים מסתלק מעל פניהם, כל חיות רעות אתכפיין קמייהו, כמו שכתוב בזהר גבי דניאל בגוב אריות
In fact, when confronting tzaddikim, from whose face the Divine image never departs, the evil beasts are humbled before them, as is stated in the Zohar concerning Daniel in the lions’ den.
Not only did the lions not harm him, but on the contrary they humbled themselves before him. 8 At any rate, what emerges from the above is that even the animals do not violate G‑d’s Will.
ואם כן החוטא ועובר רצונו יתברך אפילו בעבירה קלה, בשעת מעשה הוא בתכלית הריחוק מקדושה העליונה, שהיא יחודו ואחדותו יתברך
It is thus clear that he who sins and transgresses against G‑d’s Will even in a minor offense, is, at the time he commits it, completely removed from the Divine Holiness, meaning G‑d’s unity and oneness,
יותר מכל בעלי חיים הטמאים ושקצים ורמשים המושפעים מסטרא אחרא וקליפת עבודה זרה
even more so than all the unclean creatures, the vermin and the reptiles which derive their sustenance from the sitra achra and the kelipah of avodah zarah.
All the aforesaid demonstrates how one’s hidden love for G‑d can enable him to overcome his desire to transgress any sin. When he considers that thereby he becomes separated from G‑d even more than the unclean creatures, he will recoil from every sin just as he recoils from the thought of idolatry — because of his awareness that it represents an attack on his love of G‑d and his faith in Him.
FOOTNOTES
2.
Sotah 3a.
3.
Ch. 19.
4.
Sanhedrin 38a.
5.
Cf. Megillah 3a.
7.
Sanhedrin 38:b.
8.
Each of these two quotations is cited in support of one part of the Alter Rebbe's contention concerning the creatures' submission to G-d's Will: The first, relating to "the fear and dread of man," proves that the creatures do not deviate from their mission in that they dare not defy any human being, not even a child (see Shabbat 151b: A day-old child need not be guarded from weasels and mice; not so the corpse of Og, the mighty king of Bashan). The second, relating to Daniel in the lions' den, demonstrates that "their spirit sees," to the extent that they can discern whether the G-dly image rests upon one's face - in which case they actually humble themselves before him, or whether this image is absent - in which case they will merely not defy him, but will also not humble themselves before him. (- Based on a note by the Rebbe.)
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Positive Commandment 95 (Digest)
• The Nullification of Vows
We are commanded to practice the Torah-mandated procedure in the event that a vow is to be annulled.
(This commandment is somewhat based on the verse [Numbers 30:3] "he shall not profane his word," from which the Sages deduce that the one who enacted the vow may not profane his own word, but others – such as a sage or rabbinical court – may do so. Nevertheless, the Talmud says that the "annulment of vows flies in the air, with no [explicit biblical] support...")
The Torah explicitly tells us that a husband and father can nullify vows, and tradition teaches that a sage, too, has the power to do so.
• The Nullification of Vows
The 95th mitzvah is that we are commanded regarding the annulment of vows.
This does not mean that there is a commandment to annul vows, but rather that there are certain laws to be followed when doing so. You should keep this principle in mind whenever a mitzvah is enumerated — it does not necessarily mean that we are commanded to perform a certain action, but rather that a certain case [whenever it comes up,] must be judged according to certain laws.
The annulment of vows done by a father [to his daughter] and a husband [to his wife] is explained in the Torah1 in detail.
Furthermore, we know from the Oral Tradition that a Torah scholar can nullify anyone's vow or oath. This is hinted to in the verse,2 "He must not nullify his word." [The Sages3 explain,] "He may not nullify his word, but others may nullify it for him." The final conclusion is that there is no real source in Scripture [for the Torah scholar's power to annul a vow, and the verse quoted above is only a hint]. As our Sages4 put it, "The laws regarding the annulment of vows [by a Torah scholar] are flying in the air, with nothing to support them" — except in the Oral Tradition.
The details of this mitzvah are found in the tractate devoted to this subject, tractate Nedarim.
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.Num. 30:4-17.
2.Num. 30:3.
3.Berachos 32a; Chagigah 10a.
4.Chagigah ibid.
• Rambam - 1 Chapter: Mechirah Mechirah - Chapter Four
• Mechirah - Chapter Four
1
Containers owned by a person can acquire articles on his behalf wherever he has permission to place them down. Once movable property enters this container, neither can retract; it is as if the article were lifted up or placed in his home.
Therefore, a person's containers cannot acquire articles on his behalf in the public domain or in a domain belonging to the seller unless the seller tells him, "Go, acquire the article with this container."
Similarly, if the purchaser first acquired the container and lifted it up, and afterwards placed it down in the domain of the seller and bought produce from him, once the produce is placed in this container, he acquires it. Since the seller derives satisfaction from selling the container, he does not object to the container being placed in his domain.
א
כליו של אדם כל מקום שיש לו רשות להניחו קנה לו כיון שנכנסו המטלטלין בתוך הכלי אין אחד מהן יכול לחזור בו והרי זה כמו שהגביהן או כמו שהונחו בתוך ביתו לפיכך אין כליו של אדם קונה לו ברשות הרבים ולא ברשות המוכר אלא אם אמר לו המקנה לך וקנה בכלי זה וכן אם קנה הכלי תחלה והגביהו ואחר כך הניחו שם ברשות המוכר וחזר וקנה ממנו הפירות כיון שנכנסו בתוך כלי זה קנה אותם מפני שהנאת המוכר במכירת הכלי אינו מקפיד על מקומו:
2
Just as containers belonging to the purchaser do not acquire articles for him when placed in the seller's domain, so too, containers belonging to the seller do not acquire articles for the purchaser even when they are within the purchaser's domain.
ב
כשם שאין כליו של לוקח קונה לו ברשות מוכר כך אין כליו של מוכר קונה ללוקח אף על פי שהוא ברשות הלוקח:
3
Mesirah may be used to acquire an article only in the public domain, or in a courtyard that is not owned by either the seller or the purchaser.
Meshichah may be used to acquire an article only in a corner off the public domain or in a courtyard that is owned jointly by the seller and the purchaser. Hagbahah may be used to acquire an article in any place.
ג
מסירה אינה קונה אלא ברשות הרבים ובחצר שאינה של שניהם והמשיכה אינה קונה אלא בסימטא או בחצר של שניהם והגבהה קונה בכ"מ:
4
The following rule applies when an article that could be acquired through meshichah is located in the public domain, and is drawn by the purchaser into his own domain or into a corner of the public domain. As soon as he removes a portion of the article from the public domain, he acquires it.
ד
דבר הנקנה במשיכה אם היה ברשות הרבים ומשכו הלוקח לרשותו או לסימטא כיון שהוציא מקצת החפץ מרשות הרבים קנה:
5
When there is a load of produce in the public domain and, after having established a price, the purchaser draws it into his own domain or into a corner of the public domain he acquires it, even if he has not measured it.
Similarly, if, while in the public domain, the purchaser measures produce that he purchases, he acquires it, item by item, for as he measures it, he is lifting it up.
ה
טעון של פירות שהיה מונח ברשות הרבים ומשכו לוקח לרשותו או לסימטא אחר שפסק הדמים קנה אע"פ שעדיין לא מדד וכן אם מדדן הלוקח ברה"ר קנה ראשון ראשון בהגבהה:
6
If, by contrast, the seller measures the produce into containers belonging to the purchaser, the purchaser does not acquire it. For a purchaser's containers cannot acquire on his behalf in the public domain.
If the produce is located in a domain belonging to the purchaser, once the seller agrees to sell the produce, the purchaser acquires it, even if he does not measure it.
If the produce is located in a domain belonging to the seller, or in a domain belonging to a person to whom the seller has entrusted it, the purchaser does not acquire the produce until he lifts it up, or until he removes it from the seller's domain by renting its place, or the like, as we have explained.
ו
היה מוכר מודד לתוך כליו של לוקח לא קנה שאין כליו של לוקח קונה לו ברה"ר היו הפירות ברשות הלוקח כיון שקבל עליו המוכר למכור קנה לוקח ואף על פי שעדיין לא מדד היו ברשות המוכר או ברשות המופקדין אצלו לא קנה הלוקח עד שיגביה הפירות או עד שיוציאם מרשותו בשכירות מקומן וכיוצא בו כמו שביארנו:
7
The following rules apply when the produce is located in a corner of the public domain or in a domain belonging to both the seller and the purchaser -or even if it is in a domain belonging to the purchaser, but in containers belonging to the seller- and the seller agreed to sell the produce,and has begun to measure it into containers belong to the seller. If the seller tells the purchaser: "I will sell you a torof produce for 30 sela," he can retract even at the last se'ah, because the produce is in his containers, and he has not completed the measurement. For the containers belonging to a seller do not acquire for a purchaser, even in the purchaser's domain.
If he told him: "I will sell you a kor of produce for 30 sela, i.e., each se'ah for a sela" the purchaser acquires each se'ah, one by one as it is measured.For since the seller mentioned the price for each individual se'ah, each of those units is a distinct entity. Whenever the seller lifts up a se'ah and pours it into the measure, the sale of this unit is concluded.
The rationale for this law is that the produce is not located in a domain belonging to the seller, nor is it in the public domain. If the produce was not held in the containers of the seller, the purchaser would acquire it once a price was agreed upon, since it is located in his domain even though it had not been measured, as has been explained in the previous halachah.
ז
היו הפירות בסימטא או בחצר של שניהם ואפילו היו ברשות לוקח והיו בתוך כליו של מוכר וקבל עליו המוכר למכור והתחיל המוכר למדוד בתוך כליו של מוכר אם אמר לו כור בשלשים סלע אני מוכר לך יכול לחזור בו אפילו בסאה אחרונה הואיל ועדיין הפירות בכליו ולא גמר כל המדה וכליו של מוכר אינו קונה ללוקח אע"פ שהוא ברשות הלוקח ואם אמר לו כור בשלשים סאה בסלע ראשון ראשון קנה שכיון שפסקו הדמים על כל סאה וסאה כל סאה שיגביה המוכר ויערה אותה נגמרה מכירתה הואיל ואין הפירות ברשות המוכר ולא ברשות הלוקח ואילו לא היה הפירות בכליו של מוכר כיון שהן ברשות לוקח קנה משפסק אף על פי שלא מדד כמו שביארנו:
8
Similar rules apply when a person sells wine or oil to a colleague in a corner of the public domain or in a courtyard belonging to both the seller and the purchaser, or in a domain belonging to the purchaser, and the measure belongs to the broker. Before the measure is filled, the liquid remains the seller's. Once the measure is filled, the liquid becomes the purchaser's. Neither of them can retract.
ח
וכן המוכר יין או שמן לחבירו בסימטא או בחצר של שניהם או ברשות לוקח והיתה המדה של סרסור עד שלא נתמלאת המדה הרי הן של מוכר משנתמלאת המדה הרי הן ברשות לוקח ואין אחד מהן יכול לחזור בו:
9
Similar rules apply if produce is held in a corner of the public domain or in a courtyard belonging to both the seller and the purchaser, the measuring container does not belong to either of them, and the seller was measuring. Before the measure is filled, it remains in the possession of the seller. Once the measure is filled, however, it becomes the purchaser's.
ט
וכן פירות שהיו צבורין בסימטא או בחצר של שניהם והמדה אינה של אחד מהן והיה המוכר מודד עד שלא נתמלאת המדה הרי היא ברשות המוכר ומשנתמלאת המדה הרי היא ברשות לוקח:
10
The following rules apply when the measure belongs to either the purchaser or the seller, and it has marks indicating the halfway point, thirds, quarters and the like. Once the produce reaches one of those markings, that portion is acquired even though the entire measure has not been filled. For every marking is considered to be a measure in its own right. For the measure belongs to one of them, and he relies on its markings.
י
היתה המדה של אחד מהן והיו בה רשמין לידע חציה שלישה ורביעה וכיוצא בהן כיון שהגיע לרושם מן הרשמים קנה ראשון ראשון ואע"פ שלא נתמלאת המדה שכל רושם מהם כמדה בפני עצמה שהרי של אחד מהן היא המדה והוא סומך על הרשמים שבה:
11
Maintain awareness of this significant general principle: When a person acquires movable property, he acquires it, if he establishes the price and afterwards lifts up the article. If first he lifts it up and puts it down, and then a price is established afterwards, he does not acquire it because he lifted it up at the outset. Instead, it is only when he lifts it up after a price is established, or performs meshichah on an object that is not ordinarily lifted up.
יא
זה כלל גדול יהיה בידך הקונה את המטלטלין אם פסק הדמים ואחר כך הגביה קנה ואם הגביה תחלה והניח ואח"כ פסק הדמים לא קנה באותה הגבהה עד שיגביה אחר שפסק או ימשוך דבר שאין דרכו להגביהה:
12
When an object that has a standard and known price is sold, and the purchaser lifts it up, he acquires it, even though he and the seller agree on the price only after he lifts it up. Similarly, with regard to other means through which movable property is acquired. The acquisition must be made after the price of the article is established, unless there is a standard price for the article, as has been explained.
יב
היה דבר הנמכר דמיו קצובין וידועין והגביהו קנהו אף על פי שפסק אחר שהגביה והוא הדין בשאר דברים שקונין בהם את המטלטלין שצריך לקנות בהם אחר שיפסוק הדמים אלא אם כן דמיו קצובין כמו שביארנו:
13
For this reason, the following rules apply if a person draws donkey -drivers and the produce their beasts are carrying and porters bearing containers filled with produce into his home. If the produce is measured before a price is established - even if the purchaser is the one who measures - or they established the price and then the seller measures the produce, both the seller and purchaser are entitled to retract.Different rules apply if the purchaser unloaded the produce and brought it into his home. If a price was established and then the seller measured, neither can retract. For the seller had made a commitment to sell. If he measured before a price was established, both can retract, because he has not made a commitment to sell. This applies even if the purchaser measures.
יג
לפיכך המושך חמרים ופועלים והכניסן לתוך ביתו אם מדד עד שלא פסק הדמים אפילו היה הלוקח הוא המודד או שפסק הדמים ואחר כך מדד המוכר שניהם יכולין לחזור בהן פרקן הלוקח והכניסן לתוך ביתו אם פסק הדמים ואח"כ מדד המוכר אין שניהם יכולין לחזור בהן שהרי סמכה דעתו למכור ואם מדד עד שלא פסק שניהם יכולין לחזור בהם שהרי לא סמכה דעתו עדיין למכור ואפילו מדד הלוקח:
14
The following rules apply if a person takes utensils from a craftsman in order to inspect them to see whether he will purchase them. If they have a fixed price, and they are destroyed by forces beyond his control while in his possession, he is responsible for their value. The rationale is that since they are of a fixed value, they are considered to have entered his domain at the time he lifted them up.
The above applies under two conditions: a) he lifts the utensil up with the intent of acquiring it in its entirety, and b) the article being sold would be appreciated by a purchaser.
When, however, the seller is repelled by an article and seeks - and indeed pursues - an opportunity to sell it, it remains in the domain of the seller until a price is established and the purchaser lifts it up afterwards.
יד
הנוטל כלים מן האומן על מנת לבקרן אם היו דמיו קצובין ונאנס בידו חייב בדמיו הואיל ודמיו קצובין מעת שהגביהו נעשה ברשותו והוא שיגביהנו כדי לקנות את כולו ויהיה אותו חפץ הנמכר חביב על הלוקח אבל חפץ שהמוכר קץ בו והוא מבקש ורודף למכרו הרי הוא ברשות המוכר עד שיפסוק הדמים ויגביהנו הלוקח אחר שפסק:
15
All the above rules apply whether the purchaser himself performs meshichah on an object, lifts it up or manifests ownership over it, or tells another person to lift it up, perform meshichah or manifest ownership. The other person acquires for for the purchaser. This also applies with regard to other acts of acquisition.
טו
אחד המושך או המגביה או המחזיק בעצמו או שאמר לאחר להגביה או למשוך לו או להחזיק לו הרי זה זכה לו וכן בשאר דרכי הקנייה:
• Nedarim - Chapter 10
1
When a person takes a vow or an oath, saying: "I will not taste [food] today," he is forbidden only until nightfall.1 [If he said]: "I will not taste food for one day," he is forbidden [to eat] for a twenty-four hour period after taking his vow. Accordingly, even though he is permitted [to eat] after nightfall, one who takes a vow "not to taste [food] today" should not eat after nightfall until he asks a sage [to retract his vow]. [This is] a decree lest he take an oath another time not to eat for an entire day and eat after nightfall. For people at large do not know the difference between these two situations.
א
הנודר או הנשבע שאיני טועם היום אינו אסור אלא עד שתחשך שאיני טועם יום אחד אסור מעת לעת משעת נדרו לפיכך הנודר שאני טועם היום אע"פ שהוא מותר משתחשך לא יאכל משתחשך עד שישאל לחכם גזירה שמא ישבע פעם אחרת יום אחד ויאכל משתחשך שהרי אין כל העם יודעים הפרש שבין זה לזה:
2
When one takes a vow, saying: "I will not taste [food] a day," there is an unresolved question.2 [Hence] he is forbidden to [eat] for an entire day, as if he had said "for one day." If he eats after nightfall, he does not receive lashes.3
When one takes a vow, saying: "I will not taste [food] during this week,"4 he is forbidden to eat during the remainder of the week and on the Sabbath, but he is permitted on Sunday.5 [When he says:] "I will not taste [a type of food]6 for one week," he is forbidden to eat [that type of food] for seven full days. If he says "[I will not eat a type of food] a week," there is an unresolved question. [Hence] he is forbidden to [eat that type of food] for seven full days. If he eats after the Sabbath, he does not receive lashes, as we explained.7
ב
נדר שאני טועם יום הרי זה ספק ואסור מעת לעת כאומר יום אחד ואם אכל אחר שחשיכה אינו לוקה שאני טועם שבת זו הרי זה אסור בשאר ימי השבת וביום השבת והרי הוא מותר מאחד בשבת שאני טועם שבת אחת הרי זה אסור שבעה ימים מעת לעת אמר שבת סתם ולא פירש לא אחת ולא זו הרי ספק ואסור שבעה ימים מעת לעת ואם אכל אחר שבת אינו לוקה כמו שבארנו:
3
[When one takes a vow, saying:] "I will not drink [wine] during this month," he is forbidden in the remaining days of the month. He is, however, permitted on the day of the following Rosh Chodesh even if the month is lacking.8 [If he took a vow, saying]: "I will not drink [wine] for an entire month," he is forbidden for 30 full days. [If he said]: I will not drink [wine] for a month," he is forbidden for 30 full days because of the unresolved question.9
ג
שאני שותה חדש זה אסור בשאר ימי החדש אבל ביום ראש חודש יהיה מותר אף על פי שהיה חדש חסר שאני טועם חדש אחד אסור שלשים יום גמורים מעת לעת נדר חדש סתם אסור שלשים יום מעת לעת מספק:
4
[When one takes a vow, saying:] "I will not eat meat this year," even if there is only one day left in the year,10 he is forbidden only that day and is permitted to eat [meat] on Rosh HaShanah. For the beginning of the year with regard to vows is Rosh Chodesh Tishrei.11
[If he says:] "I will not eat [meat] for one year," he is forbidden for a complete year12 from day to day. If it is a leap year,13 he is forbidden in that year and in the extra month. [If he says]: "I will not eat [meat] for a year," he is forbidden for a complete year from day to day, because of the unresolved question as explained.14
ד
שאני אוכל בשר שנה זו אפילו לא נשאר מן השנה אלא יום אחד אין אסור אלא אותו היום וביום ראש השנה מותר וראש השנה לנדרים הוא יום ראש חדש תשרי שאני אוכל שנה אחת הרי זה אסור שנה תמימה מיום ליום ואם נתעברה השנה אסור בה ובעיבורה שאני אוכל שנה הרי זה אסור שנה תמימה מיום ליום מספק כמו שבארנו:
5
[When one takes a vow, saying:] "I will not drink wine this seven-year cycle," he is forbidden in the remaining years of the seven year cycle and in the Sabbatical year.15 He is not permitted until Rosh HaShanah of the year after the Sabbatical year.
[If he says:] "I will not drink wine for a seven-year cycle," he is forbidden for seven full years from day to day. [If he says: "I will not drink wine] this Jubilee cycle, he is forbidden in the remaining years of the Jubilee cycle and in the fiftieth year itself.16
ה
שאני שותה יין שבוע זה אסור בשאר שני השבוע ובשנת השמטה ואינו מותר אלא מראש השנה של מוצאי שביעית שאני שותה יין שבוע אחד אסור שבע שנים גמורות מיום ליום אמר יובל זה אסור בשאר שני היובל ובשנת חמשים עצמה:
6
[The following rules apply when one says:] "I will not drink wine until Rosh Chodesh Adar: If it was a leap year, but he did not know that it was a leap year when he took the vow, he is forbidden only until Rosh Chodesh Adar I.17 If he took the vow until the end of Adar, he is forbidden until the end of Adar II.18 If he did know that it was a leap year, he is forbidden until Rosh Chodesh Adar II.19
ו
שאני שותה יין עד ראש אדר אם היתה שנה מעוברת ולא ידע שהיא מעוברת כשנדר אינו אסור אלא עד ראש חדש אדר ראשון ואם נדר עד סוף אדר הרי זה אסור עד סוף אדר שני ואם ידע שהשנה מעוברת ונדר עד ראש אדר אסור עד ראש אדר שני:
7
When a person forbids himself from benefiting from a substance until Pesach, whether he said "until before Pesach" or "until Pesach," he is only forbidden until the holiday commences. If he says: "while it is Pesach,"20 he is forbidden until Pesach concludes. If he said: "until the wheat harvest" or "until the grape harvest," or "while it is the grape harvest" or "while it is the wheat harvest," he is forbidden only until that time arrives.21
ז
האוסר עצמו בדבר עד הפסח בין שאמר עד פני הפסח בין שאמר עד הפסח אינו אסור אלא עד שיגיע בלבד ואם אמר עד שיהיה הפסח הרי אסור עד שיצא הפסח אמר עד הקציר או עד הבציר או שאמר עד שיהיה הבציר או הקציר אינו אסור אלא עד שיגיע:
8
This is the general principle: Whenever there is a fixed time22for a subject mentioned in a vow, he is forbidden only until that time comes. If he words [his vow] "as long as it is," he is forbidden until that time concludes. Whenever a subject does not have a fixed time - like the time of the wheat harvest or the grape harvest23- whether he said "until" or "while it is," he is forbidden only until that time arrives.24
ח
זה הכלל כל שזמנו קבוע ונדר עדיו אין אסור אלא עד שיגיע ואם נדר עד שיהיה הרי זה אסור עד שיצא וכל שאין לו זמן קבוע כגון זמן הקציר והבציר בין שנדר עדיו בין שנדר עד שיהיה אינו אסור אלא עד שיגיע:
9
ט
האוסר עצמו בדבר עד הקיץ הרי אסור עד שיתחילו אנשי המקום שנדר בו להכניס כלכלות תאנים עד הקציר עד שיתחילו העם לקצור קציר חטים אבל לא קציר שעורים פירש ואמר עד שיעבור הקיץ הרי זה אסור עד שיכפלו העם רוב המחצלאות שבמוקצה שמיבשין עליהם תאנים וענבים לעשותם גרוגרות וצמוקים הכל לפי מקום נדרו של נודר:
10
What is implied? If he took a vow in a valley and forbid himself [from benefiting] from a substance until the kayitz and then moved to a mountainous region,29 he should not pay attention to the time whether or not the fig harvest has begun in the place where he is at present. Instead, [he is concerned] with when it begins in the place where he took the vow and that is what he follows.30 Similar laws apply in all analogous situations.31
י
כיצד הרי שנדר בבקעה ואסר עצמו בדבר עד הקיץ ועלה להר אינו מסתכל בקיץ של מקום שהוא בו עתה אם הגיע אם לא הגיע אלא בקיץ של מקום שנדר בו ועליו הוא סומך וכן כל כיוצא בזה:
11
When a person forbids himself [from benefiting] from a substance until "the rains," he is forbidden until the rainy season which in Eretz Yisrael [begins] on Rosh Chodesh Kislev. When the time of the rainy season arrives, he is released [from his vow] whether it rains or not. If, however, it rained from the seventeenth of MarCheshvan, he is released.32
If he said: "...Until it rains," he is forbidden until it rains, provided it rains from the second phase of the preliminary rainy season.33 In Eretz Yisrael and in the places close to it, this is from the twenty-third of MarCheshvan onward. If he explicitly said: "...until the rains cease," he is forbidden until the conclusion of Pesach in Eretz Yisrael and in the places like it.34
יא
האוסר עצמו בדבר עד הגשם הרי זה אסור עד זמן הגשמים שהוא בארץ ישראל ראש חדש כסליו הגיע זמן הגשמים הרי זה מותר בין ירדו גשמים בין לא ירדו ואם ירדו גשמים משבעה עשר במרחשון הרי זה מותר ואם אמר עד הגשמים הרי זה אסור עד שירדו הגשמים והוא שירדו מזמן רביעה שניה שהוא בארץ ישראל ומקומות הסמוכין לה מכ"ג במרחשון ואילך ואם פירש ואמר עד שיפסקו הגשמים הרי זה אסור עד שיעבור הפסח בארץ ישראל ובמקומות שהם כמותה:
12
When a person has his wife bound by a vow in MarCheshvan, telling her: "You may not benefit from me from now until Pesach if you go to your father's house from now until Sukkot," she is forbidden to benefit from him immediately. [This is] a decree for perhaps she will go.35 If she went before Pesach and derived benefit from him before Pesach, he is liable for lashes.36
If Pesach passed, even though the stipulation has expired,37 it is forbidden for him to treat the vow casually and allow her to go [to her father's home] and derive benefit from him.38 Instead, he should treat her as if it is forbidden until Sukkot as he vowed. [This applies] even though he made the vow dependent on a time that has already passed. Similar laws apply in all analogous situations. If she went [to her father's home] after Pesach, she is not forbidden to benefit from him.39
יב
מי שהדיר את אשתו במרחשון ואמר לה שאין את נהנית לי מכאן ועד הפסח אם תלכי לבית אביך מהיום ועד סכות הרי זו אסורה ליהנות לו מיד גזירה שמא תלך ואם הלכה לפני הפסח והרי הוא מהנה אותה לפני הפסח הרי זה לוקה עבר הפסח אע"פ שהלך התנאי הרי זה אסור לנהוג חולין בנדרו ולהניחה שתלך ותהנה אלא נוהג בה איסור עד החג כמו שנדר ואף על פי שתלה הנדר באיסור זמן שעבר וכן כל כיוצא בזה ואם הלכה אחר הפסח אינה אסורה מליהנות לו:
13
If he told her: "You may not benefit from me from now until Sukkot if you go to your father's house from now until Pesach," she is forbidden to benefit from him immediately.40 If she went [to her father's home] before Pesach and he gave her benefit, he is subject to lashes. She remains forbidden to him until Sukkot.41 After Pesach arrives, she is permitted to go to her father's house.42
יג
אמר לה שאין את נהנית לי עד החג אם תלכי לבית אביך עד הפסח אסורה ליהנות מיד ואם הלכה לפני הפסח ונמצא מהנה אותה הרי זה לוקה ואסורה בהנייתו עד החג ומותרת לילך לבית אביה משהגיע הפסח:
FOOTNOTES
1.
For that is the end of the day in halachic terms.
2.
Nedarim 60a discusses this issue without reaching a conclusion.
3.
I.e., for lashes are not given when there is a doubt.
4.
The Rambam uses the Hebrew term Shabbat, which literally means "Sabbath." Nevertheless, his intent (and that of his source, Nedarim 60a) is obviously a week and not the holy day itself.
When stating this law, the Shulchan Aruch (Yoreh De'ah 220:3) uses the term shavua for "week," rather than Shabbat. The Turei Zahav 220:2 states that the Shulchan Aruch's ruling applies when the person taking the vow speaks in lashon hakodesh, "the holy tongue." If, however, he would speak in Yiddish and say di voch, "this week," the Sabbath is not included, because the term voch implies ordinary, weekdays that are different in nature than the holy Sabbath.
5.
Even if a week has not passed since the vow was taken. The Radbaz states that the vow takes effect only when it is made during the week. If, however, it is made on the Sabbath, it takes effect only on the Sabbath itself, for the week has already concluded.
6.
We are forced to say that he is referring only to one type of food. For if a person takes a vow that he will not eat at all for an entire week, the vow does not take effect, for it is impossible that he will fulfill it. See Hilchot Sh'vuot 1:7.
7.
In the first clause of this halachah.
8.
A month which is lacking is a month of 29 days [as opposed to a month of 30 days; see Hilchot Kiddush HaChodesh, chs. 1-3, which discusses the principles determining when a month is given only 29 days and when it is given 30].
The commentaries question why the Rambam (based on Nedarim 60b) speaks of the month being lacking. Seemingly, it is quite obvious that if there are only 29 days in a month, one would be permitted on Rosh Chodesh in the next month. The new month has already begun. A point that has to be made is that even if there are 30 days in a month, one is permitted to partake of wine on the thirtieth day. Since it is Rosh Chodesh of the coming month, the vow has concluded even though the date is the thirtieth of the previous month.
The Radbaz explains that this in fact is the Rambam's intent, even though his wording is somewhat difficult to explain in that manner. This interpretation is reflected in the wording of the Shulchan Aruch (Yoreh De'ah 220:4). The Or Sameach offers a different interpretation, stating that when a month has only 29 days, sometimes the conjunction of the sun and the moon does not take place until the first day of the new month. Even so, since it is already Rosh Chodesh, the vow is concluded.
9.
As explained in the previous halachah.
10.
I.e., he made the vow on the twenty-ninth of Elul.
11.
Although Rosh Chodesh Nisan is considered the beginning of the year in certain contexts, this does not apply with regard to vows.
12.
I.e., a full year on the Jewish calendar.
13.
And a month is added. See Hilchot Kiddush HaChodesh, ch. 4.
14.
In Halachah 2.
15.
Like the Sabbath is the conclusion of the week, the Sabbatical year is the conclusion of the seven year cycle (Radbaz).
16.
For the Jubilee year is considered as the conclusion of the 50 year cycle.
17.
For his intent was Adar that follows Shvat.
18.
For his intent was to remain forbidden for the entire time referred to as Adar. This applies whether he knew that it was a leap year or not (Radbaz).
19.
There is a difference of opinion among the Sages (Nedarim 63a) which of the two months Adar is considered as Adar and which is the additional month. There are other authorities who follow a different version of the passage in Nedarim and maintain that he is always forbidden only until the beginning of Adar I.
The Shulchan Aruch (Yoreh De'ah 220:8) mentions the Rambam's view as a minority opinion. The commentaries note that in other places in the Shulchan Aruch (Choshen Mishpat 43:28, Rama, Even HaEzer 126:7), the Rambam's view is not cited at all.
20.
We have translated the expression to fit the meaning given it by the Rambam.
21.
The rationale for this ruling is explained in the following halachah.
22.
Like Pesach which lasts for seven days (eight in the Diaspora) as prescribed by the Torah.
23.
There is no fixed time for the harvest's conclusion, for that depends on how plentiful it will be.
24.
For we do not assume that he took a vow of undetermined length.
25.
In his Commentary to the Mishnah (Nedarim 8:3), the Rambam defines this as referring to the period from the end of Tammuz until the end of Elul when figs ripen and are ready for harvesting.
26.
The wheat harvest is several weeks after the barley harvest. Since wheat is the more important crop, it is given prominence (Kessef Mishneh).
27.
The figs and grapes would be laid out upon the mats to dry in the sun.
28.
As the Rambam explains in the following halachah.
29.
A mountainous region is cooler in the summer than a valley and the figs there will ripen later.
30.
For that was his intent when he took the vow. It does not matter if this leads to a more lenient ruling or a more stringent one [Shulchan Aruch (Yoreh De'ah 220:13).
31.
E.g., if he took a vow until the katzir in a place where the primary crop is barley, he is forbidden until the beginning of the barley harvest (ibid.:14).
32.
The seventeenth of MarCheshvan begins the first phase of the rainy season. Although it is really an extension of the summer and not the beginning of the winter (the Rambam's Commentary to the Mishnah, Pe'ah 7:5), rain at that time is not considered a chance occurrence and the vow is released. See Hilchot Ta'aniot 3:1-2 and Hilchot Matanot Aniyim 1:11 which also discuss these times for rain.
33.
In his Commentary to the Mishnah (ibid.), the Rambam interprets the term reviah as referring to the time when rain descends, explaining that it is similar to the term used for impregnating a woman, because in both cases, the potential for life is granted.
34.
For that is when the rains cease there. In the Diaspora, different laws apply with regard to all these expressions according to the local conditions.
35.
And thus retroactively, she will be forbidden to derive benefit from the time the vow was taken. Had she been allowed to derive benefit, after she broke the vow, it would be a transgression.
36.
For he allowed her to benefit from his property, thus committing a transgression. The woman is not liable for lashes (Radbaz). Others (Rashba, Rosh, Nedarim 57b) differ with the Rambam and maintain that the woman is liable for lashes.
37.
For she did not benefit from him until Pesach.
38.
The Merkevat HaMishneh explains that he should continue to withhold benefit from her, for that is the only way that he can insure that she will keep the vow. The Ra'avad and others differ with the Rambam concerning the need for this safeguard and their view is accepted by the Shulchan Aruch (Yoreh De'ah 220:22).
39.
For the time for the stipulation has passed.
40.
As above.
41.
I.e., even if he was subjected to lashes for one transgression.
42.
Because the term of the vow was completed. This applies even if she broke the vow and went before Pesach (Radbaz).
Nedarim - Chapter 11
1
[The following rules apply with regard to] a male minor who is twelve years and one day old1 and a female minor who is eleven years and one day old who took an oath or a vow, whether a vow forbidding something to them or a vow consecrating an article. We investigate them and ask them [questions]. If they know for Whose sake they took the vow2 or for Whose sake they consecrated [the article] or took the oath, their vows and their consecration are binding.3 If they do not know, their vows and their statements are of no consequence.
It is necessary to make an investigation throughout the entire twelfth year of a female minor and the entire thirteenth year of a male minor.4
א
קטן בן שתים עשרה שנה ויום אחד וקטנה בת אחת עשרה שנה ויום אחד שנשבעו או נדרו בין נדרי איסר בין נדרי הקדש בודקין אותן ושואלין אותן אם יודעין לשם מי נדרו ולשם מי הקדישו ונשבעו נדריהן קיימים והקדשן הקדש ואם לא ידעו אין בנדריהם ובדבריהם כלום וצריכין בדיקה כל השנה כולה שהוא שנת י"ב לקטנה ושנת י"ג לקטן:
2
What is implied? A minor took a vow or consecrated [property] at the beginning of the year, they were questioned, it was discovered that they knew [for Whose sake the vow was taken], and the vow was maintained. If they took another vow, even at the end of this year, they must be questioned again [for the vow] to be maintained. We do not say: "Since they were knowledgeable at the beginning of the year, they no longer have to be questioned. Instead, we question them throughout the entire year.5
ב
כיצד הרי שנדרו או הקדישו בתחלת שנה זו ושאלו אותן ונמצאו יודעין ונתקיים נדרן ונדרו נדר אחר אפילו בסוף שנה זו צריכין בדיקה ואחר כך יתקיים ואין אומרין הואיל ונמצאו יודעין בתחלת השנה אין צריכין בדיקה אלא בודקין אותן את כל השנה הזו כולה:
3
Before this time, even when they say: "We know for Whose sake we took the vow or for Whose sake we consecrated it," their vows and their consecration are of no consequence. After this time [passes] and a male is thirteen years and one day and a female is twelve years and one day,6 even though they say: "We do not know for Whose sake we took the vow or for Whose sake we consecrated it,"7their vows and their consecration are binding even if they did not manifest physical signs of maturity.8 This is the time when vows [take effect] which is mentioned in all sources.9
ג
קודם הזמן הזה אף על פי שאמרו יודעין אנו לשם מי נדרנו ולשם מי הקדשנו אין נדריהן נדר ואין הקדשן הקדש ואחר הזמן הזה שנמצא הבן בן י"ג שנה ויום אחד והבת בת י"ב שנה ויום אחד אע"פ שאמרו אין אנו יודעין לשם מי נדרנו ולשם מי הקדשנו דבריהן קיימין והקדשן הקדש ונדריהן נדרים ואף על פי שלא הביאו שתי שערות וזו היא עונת נדרים האמורה בכל מקום:
4
Since they reached the age of majority, their vows are binding even if they did not manifest physical signs of majority and [thus] are not considered as adults with regard to all matters. This concept is of Scriptural origin:10 that when a person close to the age of adulthood utters a vow, his consecration [of articles] and his vows are binding. Nevertheless, although the vows of these individuals are binding, if they desecrate their vows or take oaths and substitute for them, they are not punishable by lashes until they reach the age of majority and manifest signs of physical maturity.11
ד
הואיל והגיעו לשני הגדולים נדריהן קיימין אע"פ שלא הביאו סימנין ועדיין לא נעשו גדולים לכל דבר ודבר זה מדברי תורה שהמופלא הסמוך לאיש הקדשו ונדרו נדר אף על פי שנדריהן קיימין אם חללו נדרן או נשבעו והחליפו אינן לוקין עד שיגדילו ויביאו שתי שערות:
5
ה
הקדישו ובא הגדול ונהנה מן ההקדש שהקדישו לוקה משום שנדריהם נדרים מן התורה כמו שבארנו:
6
When does the above statement - that the vows taken by a female twelve years and one day old are binding - apply? When she is neither in her father's domain14 or her husband's domain. If, however, she is in her father's domain, even if she comes of age and she is a maiden,15 her father may nullify16 all17 of the vows and oaths she takes on the day he hears of them, as [Numbers 30:6] states: "All of her vows and prohibitions18... [shall not stand...] because her father withheld her."
ו
בד"א שבת י"ב שנה ויום אחד נדריה קיימין בשלא היתה ברשות האב או ברשות הבעל אבל אם היתה ברשות האב אפילו הגדילה והרי היא נערה אביה מפר כל נדריה וכל שבועות שתשבע ביום שמעו שנאמר כל נדריה ואסריה וגו' כי הניא אביה אותה וגו':
7
Until when may her father nullify [her vows]? Until she fully comes of age.19 Once she fully comes of age, he may not nullify her [vows].20 Instead, all of her vows and oaths are like those of a widow or a divorcee, as [implied by Numbers 30:10]: "Everything that she forbade upon her soul [shall remain upon her]."
ז
ועד מתי אביה מפר עד שתבגר בגרה אינו מפר לה והרי כל נדריה ושבועותיה כנדר אלמנה וגרושה שנאמר בהן כל אשר אסרה על נפשה וגו':
8
When may a husband nullify his wife's vows and oaths? From the time she enters the chupah.21 He may continue to nullify her vows forever until he divorces her, with the bill of divorce reaching her hand.22
If there was an unresolved doubt concerning her divorce,23 he should not nullify her vows. If he gives her a bill of divorce conditionally24or one that takes effect at a later time,25 he should not nullify [her vows] in the interim.26Similarly, [when a woman] has heard that her husband died and remarried, but [in truth] her husband was alive27 or other similar situations [prevail],28neither her first husband, nor her second husband should nullify her vows.29 If she was forbidden [to her husband] by a negative commandment30 and needless to say, if she is forbidden only by a positive commandment,31 and her husband nullified her vows, her vows are nullified.32
ח
ומאימתי מפר הבעל נדרי אשתו ושבועותיה משתכנס לחופה והוא מפר לעולם עד שיגרשנה ויגיע הגט לידה היתה מגורשת מספק לא יפר לה נתן לה גט על תנאי או לאחר זמן לא יפר בימים שבינתיים וכן מי ששמעה שמת בעלה ונשאת והרי בעלה קיים וכיוצא בה אין הבעל הראשון ולא האחרון מפירין נדריה היתה מחייבי לאוין ואין צריך לומר מחייבי עשה והפר נדריה הרי אלו מופרין:
9
ט
נערה מאורסה אין מפר נדריה אלא האב עם הבעל כאחד ואם הפר האחד לבדו אינו מופר הפר הבעל לבדו ועברה על נדרה קודם שיפר האב אינה לוקה:
10
If (the erus) dies, she returns to her father's domain. Any vow she takes37 may be nullified by her father as was her status before consecration.38 If her father died after she was consecrated and she took a vow after his death, her erus cannot nullify it. For an erus cannot nullify his wife's vows [alone] until she enters the chupah.39
י
מת הארוס חזרה לרשות אביה וכל שתדור האב מפר כשהיה קודם שתתארס מת האב אחר שנתארסה ונדרה אחר מותו אין הבעל מפר שאין הבעל מפר נדרי אשתו עד שתכנס לחופה:
11
[The following rules apply when] a consecrated maiden takes a vow, her father heard her vow, but not her erus,40she was divorced that day and then consecrated by another person41 that day.42 Even if [she was divorced and consecrated] 100 times [that day], her father and her last erus may nullify the vows she took before her first erus. [The rationale is that] she never departed into her own domain for one moment,43 for throughout the entire time, she is in her father's domain, for she is still a maiden.
יא
נערה ארוסה שנדרה ושמע אביה ולא שמע ארוסה ונתגרשה בו ביום ונתארסה לאחר בו ביום אפילו למאה אביה ובעלה האחרון מפירין נדריה שנדרה בפני ארוס ראשון מפני שלא יצאתה לרשות עצמה שעה אחת שעדיין היא ברשות האב מפני שהיא נערה:
12
When, by contrast, a married woman took a vow and her husband did not nullify it, he divorced her that day, and remarried her that day, he cannot nullify her vows,44 for she departed into her independent domain after she took her vow.45Although she took her vow in his domain and she is now in his domain, since she departed into her own domain in the interim, her vows are binding.
יב
אבל האשה הנשואה שנדרה ולא הפר לה בעלה וגרשה בו ביום והחזירה בו ביום אינו יכול להפר שהרי יצאתה לרשות עצמה אחר שנדרה אע"פ שנדרה ברשותו והיא עתה ברשותו הואיל ויצתה ברשות עצמה בינתיים נתקיימו נדריה:
13
[The following rule applies when] a consecrated maiden took a vow that was not heard by either her father or her erus,46 she was divorced, and then consecrated to someone else.47Even several days after [she took the vow], when her father and her last erus hear about the vow that she took while consecrated to her first erus, they may nullify it, since her first erus did not hear it.
יג
נערה מאורסה שנדרה ולא שמע אביה ולא בעלה ונתגרשה ונתארסה לאחרים אפילו לאחר כמה ימים כשישמע האב והבעל האחרון מפירין נדריה שנדרה בפני ארוס הראשון הואיל ולא שמע אותם הארוס הראשון:
14
יד
נערה מאורסה שנדרה ושמע אביה לבדו והפר לה ומת הארוס קודם שישמע ונתארסה בו ביום אפילו למאה אביה וארוסה האחרון מפירין נדריה שנדרה בפני ארוס ראשון שמת קודם שישמע:
15
טו
שמע ארוס ראשון והפר ומת ואחר כך שמע האב ונתארסה לאחר בו ביום אביה עם הארוס האחרון מפירין נדריה:
16
If her father heard [that she took a vow], but the erus did not and the erus died that day or the erus also heard [about her vow] and nullified it or remained silent53 and then died that day, she returns to her father's domain and her father may nullify [her vows].54
If the erus heard [about her vow] and maintained it and died that day, or remained silent and died the following day,55 her father cannot nullify her vow.
טז
שמע אביה ולא שמע הארוס ומת בו ביום הארוס או ששמע גם הארוס והפר או ששתק ומת בו ביום נתרוקנה רשות לאב והאב יכול להפר שמע הארוס וקיים ומת בו ביום או ששמע ושתק ומת ביום שלאחריו אין האב יכול להפר:
17
If the erus, divorced her after hearing [of her vow], there is an unresolved question whether the divorce is considered as silence and her father may nullify her vow together with a second erus who consecrates her that day.56 Or perhaps the divorce is like her first erus maintaining her vow, in which instance, the vow is maintained.57
יז
גירשה הארוס אחר ששמע הרי זה ספק אם הגירושין כשתיקה ויפר האב עם הבעל האחרון שיארס בו ביום או הגירושין כמו שקיים ארוס ראשון שכבר נתקיימו הנדרים:
18
When the father heard the vow and nullified it and then died and then the erus heard [of the vow] or even if the erus heard of the vow before the death of the father,58 she is not transferred [entirely] to the domain of her erus. He cannot ever nullify the vow after the father's death, for an erus can nullify a vow only together [with the father].
יח
שמע האב והפר לה ומת האב ואח"כ שמע הבעל אפילו שמע הבעל קודם שימות האב לא נתרוקנה רשות לבעל ואינו יכול להפר לעולם אחר מות האב שאין הארוס מפר אלא בשותפות:
19
If the erus heard [the vow], nullified it, and died and then the father heard or the father heard and nullified it and the erus died before he heard it, the father cannot nullify these vows that were in the jurisdiction of the first erus except together with a second erus to whom she is consecrated that day,59 as we explained.60
יט
שמע ארוס והפר לה ומת ואח"כ שמע האב או ששמע האב והפר לה ומת הבעל קודם שישמע אין האב לבדו יכול להפר נדרים אלו שנראו לארוס ראשון אלא בשותפות ארוס האחרון אם נתארסה בו ביום כמו שבארנו:
20
If a woman took a vow, her father nullified it alone, and her husband did not hear [of the vow] until he brought her into his domain,61 he cannot nullify [her vow]. For a husband cannot nullify a vow taken by the woman he consecrated after he marries her.62 Instead, [this must be done] before she enters his domain, when he nullifies it together with her father. For this reason,63 it was the practice of Torah Sages to tell their daughters before they left their domain:64 "All the vows which you took while in my household are nullified."
כ
נדרה והפר לה אביה לבדו ולא שמע הארוס עד שנכנסה לרשותו אינו יכול להפר שאין הבעל מפר נדרי ארוסתו אחר שנשאת אלא קודם שתכנס לרשותו הוא שמפר בשותפות האב לפיכך היה דרך תלמידי חכמים עד שלא תצא בתו מרשותו אומר לה כל נדרים שנדרת בתוך ביתי הרי הן מופרין:
21
כא
וכן הבעל עד שלא תכנס לרשותו אומר לה כל נדרים שנדרת משאירסתיך עד שלא תכנסי בתוך ביתי הרי הן מופרין שהבעל מפר נדרי אשתו אף על פי שלא שמע אותם:
22
If the father went with the agents of the husband68 or the father's agents went with the agents of the husband, her vows must still be nullified by her father and her husband jointly.69 If her father transferred her to the agents of her husband or her father's agents transferred her to her husband's agents, her father can no longer nullify her vows.70 Nor may the husband nullify them. For the husband cannot nullify vows that were taken before [he married her], as we explained.71
כב
הלך האב עם שלוחי הבעל או שהלכו שלוחי האב עם שלוחי הבעל עדיין אביה ובעלה מפירין נדריה מסר האב לשלוחי הבעל או שמסרו שלוחי האב לשלוחי הבעל אין האב יכול להפר שהרי יצאת מרשותו ולא הבעל יכול להפר שאין הבעל מפר בקודמין כמו שבארנו:
23
כג
שומרת יבם אפילו עשה בה יבמה מאמר ואפילו יבם אחד ליבמה אחת אינו מפר נדרי יבמתו עד שיבא עליה:
24
When a yevamah who is a maiden had been [merely] consecrated to [her deceased husband] and her father is alive, the yevam and her father do not nullify her vows together. Instead, her father alone is the one who nullifies any vow that she takes.76 Even if the yevam stated his intent to marry her, she is not considered as a consecrated maiden, for a statement of intent does not [establish] a complete [marriage bond between] a yevamah [and her yevam], as we explained.77
כד
היתה יבמתו נערה מאורסה לאחיו ואביה קיים אין היבם ואביה מפירים נדריה כאחת אלא האב לבדו הוא שמפר כל שתדור ואפילו עשה בה היבם מאמר אינה כנערה מאורסה שאין המאמר קונה ביבמה קנין גמור כמו שבארנו:
25
כה
נערה שהשיאה אביה ונתאלמנה או נתגרשה מן הנשואין הרי זו כיתומה בחיי האב ואין אביה מפר נדריה ואע"פ שעדיין היא נערה:
26
When a consecrated maiden takes a vow, but neither her father or her husband heard of her vows until she came of age80 or until she became like an orphan in her father's lifetime,81her vows are binding; they cannot be nullified by her erus.82 [The rationale is that] she departed from her father's domain and he [and her erus] must nullify her vows together and she has not entered her husband's domain.83
כו
נערה מאורסה שנדרה ולא שמעו נדריה אביה ובעלה עד שבגרה או עד שנעשית יתומה בחיי האב הרי נדריה קיימים ואין הבעל יכול להפר שהרי יצאת מרשות אביה שהוא מפר עמו בשותפות ועדיין לא נכנסה לרשות הבעל:
FOOTNOTES
1.
As explained by the commentaries, in this context, we follow the principle: "A portion of a day is considered as an entire day." Thus, directly after his twelfth birthday, as soon as a male child enters into his thirteenth year of life, these laws apply to him. Similar concepts apply with regard to a female minor.
2.
For a vow must be taken for God's sake, as Numbers 30:3 states: "When a man will take a vow to God."
3.
This is a unique concept that Niddah 45b derives from the exegesis of Leviticus 27:2. Although throughout Jewish law, until a male attains the age of thirteen and a female, the age of twelve, their actions are of no consequence according to Scriptural Law, an exception is made in this instance because of the above verse, as stated in Halachah 4.
4.
As explained in the following halachah.
5.
The Kessef Mishneh questions the Rambam's ruling, noting that Niddah, loc. cit., the source for this halachah, does not lead to such a conclusion. He suggests that perhaps the Rambam had a different version of that text. Yayin Malchut states that this resolution is reflected in the revised version of the Rambam's Commentary to the Mishnah (Niddah 5:6). In his initial explanation of the mishnah, he appeared to follow the same text as the popular version of the Talmud, but later in life, he revised that interpretation, accepting a different version of the text. The Rambam's rationale is that since we are speaking about a minor, it is possible that his level of understanding will fluctuate.
6.
I.e., their thirteenth and twelfth birthdays arrive as stated in note 1.
In his Commentary to the Mishnah (Niddah 5:6), the Rambam writes that the Torah made the age for which women become responsible for their vows less than the age men become responsible, generally, a woman's lifetime is less than that of a man.
7.
If they manifested signs that they are mentally or emotionally incapable, this law does not apply. If, however, they are merely somewhat slow and do not understand the concept of vows, their vows are of consequence, because they have already reached the age when one becomes responsible for his or her actions.
8.
I.e., two pubic hairs as stated in Hilchot Ishut 2:1.
9.
There are others who maintain that the expression "the time when vows [take effect]" refers to a minor who understands the meaning of his vows as stated in Halachah 1. The Rambam prefers his interpretation, because it is dependent on time, the child's age, while the first interpretation is dependent on the child's knowledge (Yayim Malchut).
10.
This is the subject of debate among the Rishonim, for some do not accept the Rambam's view.
11.
For until the latter age, they are still minors, and minors are not liable for punishment for transgressions that they perform.
12.
For violating the prohibition against benefiting from consecrated property (Hilchot Meilah 1:3).
13.
In the previous halachah. Since the child's consecration is valid, the article has the status of a consecrated article according to Scriptural Law and a person who misappropriates it is liable.
14.
I.e., her father died. Alternatively, she was married as a minor and then she was divorced or widowed (see Halachah 25). Otherwise, she remains in his domain until the age of twelve and a half, as stated in the following halachah.
15.
I.e., from the age of twelve until the age of twelve and a half.
16.
See Chapter 13, Halachah 2, which describes how the father nullifies his daughter's vow.
17.
As the Shulchan Aruch (Yoreh De'ah 234:1) states, this applies even to vows taken dependent on the consent of others which cannot be repealed by a sage.
18.
The HaEmek HaShaalah interprets this term as referring to oaths.
19.
I.e., reaches the age of twelve and a half after manifesting physical signs of maturity (Hilchot Ishut 2:2).
20.
Numbers 30:17 gives him this privilege "during her maidenhood," i.e., and not beyond that time period (Kessef Mishneh).
21.
I.e, from the beginning of the second sage of the marriage relationship known as nissuin. At that time, he takes her into a private room and from that time onward, the couple live as man and wife (Hilchot Ishut 10:1). During the first stage of the marriage relationship (erusin), when the erus has merely consecrated his wife, he does not have the right to nullify her vows alone (see Halachah 9). (In the present era, it is customary to perform both these stages of marriage directly after each other.)
22.
Implied is that if he sends the bill of divorce to her via an agent, he may nullify her vows until the bill of divorce enters her possession (Siftei Cohen 234:6, Turei Zahav 234:1).
23.
I.e., he had a bill of divorce given to her and our Rabbis could not resolve if the manner in which the bill of divorce was given or written is effective. See Hilchot Gerushin 5:13 for an example.
The rationale for this law is that our Sages understood that the reason the Torah gave a husband the right to nullify his wife's vows was so that she would not become unattractive to him (Yevamot 90b). In this instance, he is not concerned that she becomes unattractive (Radbaz).
24.
See Hilchot Gerushin 8:1.
25.
He tells her: "Here is your bill of divorce, but it does not take effect for 30 days" (ibid. 9:1).
26.
I.e., in the days before the vow takes effect. The Siftei Cohen 234:8 states that even after the fact, the nullification does not take effect.
27.
See Hilchot Gerushin 10:5 which describes this situation at length.
28.
E.g., a woman who went through a divorce and then remarried, but then it was discovered that her divorce was invalid (ibid.:7). In both this and the previous instance, both husbands are required to divorce the woman.
29.
The rationale for this and the previous laws is that our Sages understood that the reason the Torah gave a husband the right to nullify his wife's vows was so that she would not become unattractive to him. In this instance, since he is obligated to divorce her, it is desirable that she become unattractive to him (Yevamot, loc. cit.).
30.
I.e., a negative commandment that is not punishable by execution, death at the hand of heaven, or karet. See Hilchot Ishut 1:7.
31.
E.g., marriages like that of a non-virgin to a High Priest, which are not prohibited by a negative commandment. Instead, the prohibition is understood, because there is a positive commandment instructing the opposite. See ibid.:8.
32.
Although these marriages are forbidden, since they are still binding, the husband has this privilege.
33.
I.e., a girl between the ages of twelve and twelve and a half.
34.
The term erus means "the man who consecrated her." The Rambam does not use this term, but instead, the term baal meaning "husband." We, however, have used the term erus, because the term baal usually implies that nisuin, the second stage of marriage, has already taken place.
35.
Numbers 30:17 states: "These are the statutes... between a man and his wife, between a father and his daughter in her youth." Nedarim 68a interprets the verse as referring to one woman, implying that the nullification of her vows is performed by her father and her erus together. In his Commentary to the Mishnah (Nedarim 9:9), the Rambam writes that from the Biblical text, it might appear that both the father and the erus have the right to nullify her vows independently. Hence, it is necessary to clarify that this is not so.
36.
Nedarim 68a states that since one of the two has already nullified the vow, it is weak and its violation is not punishable by lashes.
37.
Even the vows she took previously while consecrated [Shulchan Aruch (Yoreh De'ah 234:11)]. This applies even if she has a yevam (Halachah 24).
38.
As stated in Halachah 6.
39.
Before nissuin, an erus can nullify his wife's vows only together with her father and that is impossible in this instance. See also Halachah 16.
40.
For if her first erus heard her vow and did not nullify it, her father can no longer nullify it together with her second erus. See Halachah 17.
41.
Or consecrated again by her first erus [Shulchan Aruch (Yoreh De'ah 234:13)].
42.
It is necessary that the divorce(s) and the consecration(s) take place on the same day the father heard of and nullified the vow. For if not, the woman's last erus will not have the right to nullify the vow, as indicated by Chapter 12, Halachah 17.
43.
In contrast to the laws applying to a married woman, as stated in the following halachah.
44.
Nor may her father nullify her vows, for once she marries, her father no longer has the right to nullify her vows.
45.
Once a woman becomes independent for even one moment, her future husband cannot nullify the vows she took previously.
46.
If, however, either her erus or her father heard her vow when it was taken, it cannot be nullified at a later date.
47.
Since she remains partially in her father's domain, the divorce does not effect the right of her father and her present erus to nullify her vows.
48.
The consecration and the nullification of the vow must take place on the day that the father heard of the vow and nullified it (Turei Zahav 234:22).
49.
Since her first erus did not hear of her vow, the fact that he died before nullifying it does not deprive her last erus of that right. The father cannot nullify her vow alone, because it was taken when she was consecrated. Since her father nullified the vow, the right of her erus to nullify the vow is weak and of little substance. Accordingly, the right to nullify it cannot be transferred to the father alone, as in Halachah 16.
The Shulchan Aruch (Yoreh De'ah 234:16) quotes the Rambam's view, but also that of the Tur which maintains that the second erus can never nullify a vow together with the father.
50.
I.e., after the death of her erus.
51.
But not on the following day. The Radbaz explains that this is speaking about a situation when the father heard of the vow on the same day as her first erus, for the nullification must be completed on the same day that he heard of the vow. If, however, her father does not hear about it until the following day and she was consecrated then, he and her new erus may nullify her vow then.
52.
The Turei Zahav 234:13 maintains that the Rambam would also give her father the right to nullify the vow alone, because her first erus also heard the vow and did not maintain it (see the following halachah). The Rambam mentions her being consecrated by another person only to teach that if, this is indeed the situation, the second erus must also nullify the vow.
53.
Since he did not maintain the vow and died before the day was completed, we say that there was a possibility that he would nullify it. Hence, her father is given the right to nullify it.
54.
Since her erus no longer exists and he did not maintain the vow, the right to nullify is given to her father. In his gloss to Halachah 19, the Radbaz explains the apparent contradiction between these two halachot by stating that this halachah refers to an instance where the father did not nullify the vow before the erus died. Accordingly, the right of the erus to nullify the vow is not weakened. Hence it can be transferred to the father. Halachah 19 refers to a situation where the father nullified the vow and weakens it, as explained above.
55.
Since he did not nullify it on the day that he heard it, he cannot nullify again. It is considered as if he maintained it. Once he maintained it, her father cannot nullify it.
56.
I.e., combining Halachah 15 which states that the father and the second erus can nullify the vow and Halachah 16 which states that silence is equivalent to nullification. If she does not become consecrated again, the father can nullify the vow alone (Turei Zahav, loc. cit.).
57.
And cannot be nullified afterwards.
58.
But did not nullify it then.
59.
If, however, he nullifies on a later date it is unacceptable, for the father must nullify the vow on the day he became aware of it.
60.
Halachah 15. In his gloss to this halachah, the Radbaz explains the apparent contradiction between this halachah and Halachah 16 by stating that Halachah 16 refers to an instance where the father did not nullify the vow before the erus died. Accordingly, the right of the erus to nullify the vow is not weakened. Hence it can be transferred to the father. This halachah refers to a situation where the father nullified the vow and weakens it. Hence it cannot be transferred as explained in the notes to Halachah 15. This understanding is reflected in the ruling of the Shulchan Aruch (Yoreh De'ah 234:16).
61.
I.e., completed the second stage of the marriage, nissuin.
62.
See Halachah 8.
63.
I.e., to enable all the vows concerning which he did not hear to be nullified.
64.
I.e., before their marriage.
65.
An erus may also nullify the vows that a woman took before he consecrated her (together with her father). We assume, however, that her father already nullified those vows (Siftei Cohen 234:21; Turei Zahav 234:11).
66.
This also applies to her father. The husband and the father must, however, be capable of hearing. If they are deaf, they cannot nullify a vow (Chapter 12, Halachah 13).
67.
Thus if both the father and the husband made these statements, the vows are nullified. In some manuscript copies of the Mishneh Torah, these two halachot are combined as one.
68.
Who were sent to bring her to her husband's home.
69.
As long as her father is accompanying her, he is not considered to have transferred her to her husband's domain and hence, still has the right to nullify her vows.
70.
I.e., even if the husband dies [Shulchan Aruch (Yoreh De'ah 234:12)].
71.
See Halachah 20.
72.
I.e., we are speaking about a widow whose husband dies childless who must be married by her deceased husband's brother. See Deuteronomy, ch. 25.
73.
Which is similar to consecration, but not entirely analogous to consecration (see Hilchot Yibbum ViChalitzah 2:1).
74.
And thus there is no question that she is designated for him.
75.
At which point their marriage is consummated and she becomes his wife. Until then, even if he has stated his intent, according to Scriptural Law, she is not his wife and he cannot nullify her vows.
76.
As stated in Halachah 10.
77.
Which is similar to consecration, but not entirely analogous to consecration (see Hilchot Yibbum ViChalitzah 2:1).
78.
I.e., she has already completed nissuin, the second stage of the marriage bond.
79.
I.e., although from the standpoint of age, her father would still have the right to nullify her vows, since she married, she is given full independence. Hence, he no longer has this right.
80.
As stated in Halachah 7, once she comes of age, her father no longer has any authority over her.
81.
I.e., she was divorced or widowed after marriage, as stated in the previous halachah.
82.
I.e., in the first situation, the man who consecrated her before she came of age. In the second situation, it refers to a second husband who consecrated her after she was divorced or widowed.
83.
This occurs only after nissuin. Moreover, even after she enters her husband's domain, he cannot nullify her vows that were taken beforehand, as stated in Halachah 20.
Nedarim - Chapter 12
1
A father [has the right to] nullify any1 vows and oaths [taken by his daughter only] on the day he hears of them,2 as [Numbers 30:6] states: "[But if her father withheld her on the day that he heard,] all of her vows and prohibitions3... [shall not stand]."
א
כל הנדרים והשבועות האב מפר ביום שמעו שנאמר כל נדריה ואסריה אבל הבעל אינו יכול להפר אלא כל נדרים ושבועות שיש בהן עינוי נפש או שהן בדברים שבינו לבינה כגון שנשבעה או נדרה שלא תכחול או שלא תתקשט שנאמר בין איש לאשתו:
2
What is the difference between [the laws governing] vows that involve personal aggravation and those that affect the marriage relationship. With regard to vows that involve personal aggravation, his nullification has bearing for himself and for others.8With regard to those involving the marriage relationship, his nullification has bearing for himself but not for others.9
ב
ומה בין נדרים שיש בהן עינוי נפש לדברים שבינו לבינה שהנדרים שיש בהן עינוי נפש מפר אל עצמו ואל אחרים ושבינו לבינה לעצמו מפר ולאחרים אינו מפר:
3
What is implied? She took a vow not to eat meat. He may nullify it and she will be permitted to eat meat if she is married to any other person forever. If she forbade marital intimacy with any man, he may nullify the vow with regard to himself10 and she may engage in intimacy with him. If, however, he dies or divorces her, she is forbidden to engage in intimacy with all other men. Similar laws apply in all analogous situations.
ג
כיצד נדרה שלא לאכול בשר מפר לה ותהיה מותרת לאכול עם כל אדם לעולם אסרה עליה תשמיש כל אדם שבעולם יפר חלקו ותהיה משמשתו וכשימות או יגרשנה הרי היא אסורה בתשמיש כל אדם וכן כל כיוצא בזה:
4
Whether the aggravation is of a minor nature or a major nature, for a short time or for a long time, the husband has the right to nullify all [such] vows.
ד
אחד עינוי גדול ואחד עינוי קטן ואחד עינוי שהוא לזמן מרובה או לפי שעה הכל מפר הבעל:
5
What is implied? She took a vow or an oath "not to bathe today," "not drink wine today," or "not to eat honey today,"11 he may nullify the vows. [This also applies if] she vowed "not to put on eye paint today" or "not to wear colored woven garments today."12Similar laws apply in all analogous situations. Even if she took a vow [not to partake of] an unpleasant food13 or a type of food that she had never eaten,14 [her husband] may nullify it.
ה
כיצד נדרה או נשבעה שלא תרחץ היום או שלא תשתה יין היום או שלא תאכל היום דבש וכן אם נדרה שלא תכחול היום או שלא תלבש רקמה היום מפר וכן כל כיוצא בזה אפילו נדרה ממאכל רע או ממין שלא טעמה אותו מימיה הרי זה יפר:
6
When she took a vow not to partake of two loaves of bread and not partaking of one would cause her aggravation, but not partaking of the other would not cause her aggravation,15 her husband may nullify the one that would cause her aggravation and may not nullify the one that would not cause her aggravation.16
ו
נדרה משתי ככרות באחת יש לה עינוי ובאחת אין לה עינוי מפר לזו שמתענה בה ואינו מפר לזו שאין לה עינוי:
7
When a woman takes a vow not to eat figs from her native country, [her husband] may nullify her vow, because this is a matter that affects the marriage relationship.17 For it is a major problem for him to undertake the difficulty of bringing her [figs] from another place. Therefore, if he dies, divorces her, or another person brings her figs from her native country, they are forbidden to her. For [a husband's] nullification [of a vow that] affects the marriage relationship does not have bearing for others.18
ז
נדרה שלא תאכל תאנים של מדינה זו יפר משום דברים שבינו לבינה שעסק גדול הוא לו להטפל ולהביא לה ממדינה אחרת לפיכך אם מת או גירשה או שהביא לה איש אחר מפירות אותה מדינה הרי אלו אסורין עליה שאינו מפר לאחרים בדברים שבינו לבינה:
8
Similarly, if she took an oath not to benefit from people at large, even though her husband is not included in the vow,19he has the right to nullify it, because it affects the marriage relationship.20 Otherwise, he will have to give her food only from his own resources. Similarly, he may nullify [the vow] if she [takes a vow], forbidding her from benefiting from an entire nation,21 e.g., all the Jews or all the Ishmaelites.
ח
וכן אם נדרה שלא ליהנות לבריות אף על פי שאין הבעל בכלל יש לו להפר משום דברים שבינו לבינה שלא יהיה זקוק להאכילה משלו בלבד וכן אם אסרה הנאתה על אומה (כולה) כגון [כל] היהודים או כל הישמעאלים הרי זה יפר:
9
When a woman tells her husband: "Pleasure from intimacy with me is forbidden to you," he need not nullify the vow.22 To what can the matter be compared? To one who forbids the owner of fruit from benefiting from his own fruit.23 Similarly, if he tells her: "Pleasure from intimacy with me is forbidden to you," his statements are of no consequence, because he is obligated to provide her with her sustenance, clothing, and intimacy, as we explained in Hilchot Ishut.24
If, however, she told him: "Pleasure from intimacy with you is forbidden to me," he must nullify the vow.25 If he does not nullify it, it is forbidden for him to engage in relations with her, because we may not force a person to partake of food that is forbidden to him.
ט
האשה שאמרה לבעלה הנאת תשמישי אסורה עליך אינו צריך להפר הא למה זה דומה לאוסר פירות חבירו על בעל הפירות וכן הוא שאומר לה הנאת תשמישי אסורה עליך לא אמר כלום מפני שהוא משועבד לה בשאר כסות ועונה כמו שבארנו בהלכות אישות אבל אם אמרה לו הנאת תשמישך אסורה עלי צריך להפר ואם לא הפר הרי זה אסור לשמשה שאין מאכילין את האדם דבר האסור לו:
10
If she said: "May my hands be sanctified to the One who made them," or she took a vow that he would not benefit from the labor of her hands,26 he is not forbidden to benefit from the labor of her hands, because her hands are on lien to him.27Although [our Sages] declared:28 "Emancipation,29[the prohibition against] chametz,30and consecration31sever a lien," our Sages reinforced a husband's lien [on his wife's work and her earnings], preventing her from severing it, because it is of Rabbinic origin.32He must, however, nullify the vow, lest he divorce her and then he be forbidden to remarry her.33
י
אמרה יקדשו ידי לעושיהן או שנדרה שלא יהנה במעשה ידיה אינו נאסר במעשה ידיה מפני שידיה משועבדין לו שאע"פ שאמרו השחרור והחמץ וההקדש מפקיעין השעבוד חכמים עשו חזוק לשעבוד הבעל שאינה יכולה להפקיעו מפני שהוא מדבריהם אבל צריך הוא להפר שמא יגרשנה ותהיה אסורה לחזור לו:
11
If she took an oath or a vow that neither the father of her husband, his brothers, or any of his other relatives will benefit from her, he cannot nullify the vow.34 Similarly, he may not nullify her vow if she vows not to bring his animal35 water,36 straw for his cattle,37 or the like. [The rationale is that these vows] do not aggravate the soul, nor do they affect the marriage relationship, [since] they are not of the tasks that she is obligated to perform.38
יא
נשבעה או נדרה שלא יהנה בה לא אבי בעלה ולא אחיו ושאר קרוביו אינו יכול להפר וכן אם נדרה שלא אתן מים לפני בהמתך ותבן לפני בקרך וכיוצא בדברים אלו שאין בהן עינוי נפש ואינם מדברים שבינו לבינה ואינה ממלאכות שהיא חייבת בהן הרי זה אינו יכול להפר:
12
A husband and a father may nullify vows that have not taken effect and have not yet caused prohibitions for her.39What is implied? She said, for example: "Wine will be forbidden to me if I go to this-and-this place."40 Even though she has not yet gone there and [thus the wine] is not yet forbidden, the vow may be nullified. Similar laws apply in all analogous situations.
יב
יש לבעל ולאב להפר נדרים שעדיין לא חלו ולא נאסרה בהן כיצד כגון שאמרה היין אסור עלי אם אלך למקום פלוני הרי זה מפר אף על פי שעדיין לא הלכה ולא נאסרה וכן כל כיוצא בזה:
13
יג
האב או הבעל שאין שומעין אינם מפירין אע"פ שהבעל מפר נדרים שלא שמען הראוי לשמוע אין השמועה מעכבת בו:
14
Neither a father, nor a husband who is intellectually or emotionally unstable may nullify a vow. A minor cannot establish a marriage bond;45 accordingly, he may not nullify a vow. A husband may nullify the vows of two of his wives simultaneously. Similarly, a father may nullify the vows of two of his daughters simultaneously.46
יד
השוטה אינו מפר בין אב בין בעל הקטן אין לו אישות לפיכך אינו מפר והבעל מפר נדרי שתי נשיו כאחת וכן האב מפר נדרי שתי בנותיו כאחת:
15
The nullification of vows may be carried out throughout the entire day.47 [The right does not continue] for 24 hours.
What is implied? If she took a vow at the beginning of Sunday night, the vow may be nullified throughout that night and the entire day Monday.48 When she took a vow at the conclusion of the day, directly before nightfall. If he49 nullified the vow before nightfall, it is nullified. If he did not nullify it until after nightfall, he may not nullify it any longer.50
טו
הפרת נדרים כל היום ואינה מעת לעת כיצד נדרה בתחלת ליל שני הרי מפר אותה הלילה וכל יום שני נדרה ביום שני בתחלת היום מפר כל אותו היום נדרה בסוף היום עם חשכה אם הפר לה עד שלא תחשך מופר ואם לא הפר לה עד שחשיכה אינו יכול להפר:
16
What is meant by the Torah's words [Numbers 30:15]: "from one day to the next"?51 They teach that if she takes a vow at night, he may nullify it during the night. And he may nullify it throughout the following day, as we explained.52
If she took a vow and waited several days and only then, her father or her husband heard of it, he may nullify it on the day he heard of it. It is as if she took the vow on the day that he heard of it, as [implied by ibid.:6]: "On the day he heard of it," [i.e.,] and not only the day she took the vow.
טז
ומהו זה שכתוב בתורה מיום אל יום מלמד שמפר בלילה אם נדרה בלילה וכן מפר כל היום כמו שבארנו נדרה ושהתה כמה ימים ואחר כך שמע האב או הבעל הרי זה מפר ביום שמעו וכאילו נדרה בעת ששמעה שנאמר ביום שמעו לא ביום נדרה בלבד:
17
When a consecrated maiden took a vow and her father heard of it and nullified it and after several days her erus heard of it and nullified it on the day he heard of it, it is not nullified, as [implied by ibid.:6-8]: "If her father prevented her on the day that he heard of it.... If she was married to a man with vows incumbent upon her.... If her husband heard of it. On the day, he heard of it...." From this we infer: Since her father nullified it and her erus heard of it, he must nullify it on the day the father heard of it. Similarly, if her erus heard [of the vow] and nullified it and after several days, the father heard of it and nullified it on the day he heard of it, it is not nullified.53
How do we know that the verse is speaking about a consecrated maiden? Because further on, the passage [ibid.:11-12] states: "If she vows in her husband's home...54 her husband heard her and remained silent." We can infer that the husband spoken about previously is an erus., as we explained.
יז
נערה מאורסה שנדרה ושמע אביה והפר ולאחר ימים שמע הארוס והפר ביום שמעו אין זה מופר שנאמר ואם הניא אביה אותה ביום שמעו וגו' ואם היו תהיה לאיש ונדריה עליה ושמע אישה ביום שמעו וגו' הא למדת שאחר שהפר האב ושמע הארוס הרי זה מפר ביום שמוע האב והוא הדין אם שמע ארוס והפר ואחר כמה ימים שמע האב והפר ביום שמעו שאינו מופר ומנין שבנערה מאורסה הכתוב מדבר שהרי הוא אומר למטה ואם בית אישה נדרה וגו' ושמע אישה והחריש לה וגו' מכלל שאישה האמור למעלה ארוס כמו שבארנו:
18
When a father or a husband hears of a vow and remains silent in order to cause the woman aggravation,55 if the day passes without him nullifying or revoking [her vows], they are binding even if he did not have the intent of accepting them.
If she took a vow and her father or her husband nullified it, but without knowing of the nullification, she willfully violated her vow or oath, she is not liable. Although she had the intent of transgressing, since she committed a permitted act,56 she is exempt. Concerning this, [ibid.:6] states: "God will forgive her, although her father prevented her." She is given stripes for rebellious conduct,57because she had the intent to transgress.
יח
שמע האב או הבעל ושתק כדי לצערה אף על פי שלא היה בלבו לקיים נדרה הואיל ועבר היום ולא הפר ולא בטל נתקיימו נדריה נדרה והפר לה האב או הבעל והיא לא ידעה שהפר ועברה על נדרה או על שבועתה בזדון הרי זו פטורה ואע"פ שנתכוונה לאסור הואיל ונעשה ההיתר פטורה ועל זה נאמר וה' יסלח לה כי הניא אביה אותה ומכין אותה מכת מרדות מפני שנתכוונה לאיסור:
19
יט
נדרה ועברה על נדרה קודם שיפר לה אביה או בעלה אף על פי ששמע בו ביום והפר לה הרי זה חייבת על דבר שעברה בו אם מלקות מלקות ואם קרבן קרבן:
20
If a father or a husband heard of [a woman's] vow, but remained silent, because he did not know that a father or a husband has a right to nullify her vows or he knew that he had a right to nullify her vow, but did not know that such a vow required nullification, when he learns of this, he may nullify [the vow]. The time when he gains this knowledge is equivalent to the time of the vow or the time he heard of it and he may nullify it for that entire day.
כ
שמע נדרה ושתק מפני שלא היה יודע שיש לאב או לבעל להפר או שידע שיש להם להפר אבל לא ידע שנדר זה צריך הפרה ולאחר זמן ידע הרי זה יפר ושעת ידיעתו כאילו היא שעת הנדר או שעת שמועתו ויפר כל היום:
21
[When a nullification is made in error,] one must return and nullify it again. [For example,] his wife took a vow and he thought that she was his daughter, and he nullified it with the intent that she was his daughter. She took a nazirite vow and he thought that she had vowed [to offer] a sacrifice and he nullified it with the intent that she had vowed [to offer] a sacrifice. She forbade herself to partake of figs and he thought she said grapes and nullified with the intent that she had forbade grapes. [In all such instances,] he must nullify the vow again when he learns of the vow and the identity of the woman taking the vow for the sake of this woman and this vow. [This can be inferred from ibid.:5]: "Her father did not prevent her"; [this indicates that he must have in mind] the woman taking the vow herself. "And her father heard her vow,"61 i.e., until he knows the vow that she took. He may nullify the vow throughout the entire day that he discovers this information.62
כא
נדרה אשתו וסבור שהיא בתו והפר לה על דעת שהיא בתו וכן אם נדרה בנזיר וסבור שנדרה בקרבן והפר לה על דעת שנדרה קרבן אסרה עצמה בתאנים וסבור [שאסרה עצמה] בענבים והפר לה על דעת שנדרה לאסור [עצמה] בענבים צריך לחזור ולהפר כשידע הנדר והנודרת לשם הנודרת הזאת ולשם הנדר הזה שנאמר לא הניא אביה אותה לנודרת עצמה ואומר ושמע אביה את נדרה עד שידע אי זה נדר נדרה ויש לו להפר אותו כל יום הידיעה:
FOOTNOTES
1.
I.e., he may nullify all vows, not merely those that a husband may nullify.
Rabbenu Asher and other Rishonim differ and maintain that the Sifri states that the father's rights are the same as the husband's. In a response attributed to the Rambam, he explains that although this view is stated in the Sifri, it is not mentioned anywhere else in the Talmud and the simple meaning of the Biblical passage does not lead to such an inference. This leads to the conclusion that the statement of the Sifri is a minority opinion. The Shulchan Aruch (Yoreh De'ah 234:58) mentions both views without stating which one should be followed.
2.
I.e., not necessarily on the day the vow was taken, but on the day he first heard of it.
3.
The Emek HaShaalah interprets this term as referring to oaths.
4.
I.e., after nissuin, the second stage of the marriage relationship.
5.
For Numbers 30:14 specifically mentions a husband's authority involving vows of this type. Vows that involve personal aggravation refer to vows that involve accepting a prohibition of a particular type of satisfaction.
6.
Literally, those "between him and her."
7.
Such conduct could arouse a husband's displeasure, for he will not be happy that his wife does not appear attractive.
The Shulchan Aruch (234:59) mentions other views which consider these vows as ones that involve personal aggravation as well as the Rambam's view that these are matters that affect the husband-wife relationship.
8.
I.e., even if he divorces her, the vow is nullified.
9.
The nullification applies only when they are married.
10.
See Halachah 9 with regard to clarification when this vow must be nullified and when it need not be nullified. The Siftei Cohen 234:83 quotes views that maintain that since the vow takes effect with regard to other men, it would also take effect with regard to him if he did not nullify it.
11.
These are considered vows that involve personal aggravation.
12.
These are considered vows affecting the marriage relationship.
13.
Our translation follows the gloss of the Kessef Mishneh. The Chatam Sofer explains that since it is forbidden to eat unpleasant foods on Yom Kippur - when fasting is described as aggravating one's soul - even unpleasant foods are included in this category.
The Turei Zahav 234:51, however, translates the term as "harmful foods," arguing that if the woman considered the food unpleasant and had no desire for it, it would not be considered as "aggravation" for her to be prevented from partaking of it.
14.
Since she never partook of this food, there is room to say that no aggravation would be caused by prohibiting it. Hence it is necessary to emphasize that it is forbidden.
15.
The Kessef Mishneh quotes Rabbenu Asher's commentary to Nedarim 82b which explains that this refers to a situation where one loaf is made of fine flour and is attractive and one is made of coarse flour and is not. She will suffer aggravation from not eating the first, but not from not eating the second.
There is a slight difficulty with this explanation, because the previous halachah stated that a husband may nullify even a vow involving unpleasant food. It can be explained, however, that since her husband makes it possible for her to partake of the loaf of fine bread, she will have no aggravation over not partaking over the coarse bread. When, however, she is not able to partake of the unpleasant food, she has no similar alternative.
Alternatively, Rabbenu Asher explains that she is hungry and will be satisfied by eating one loaf. Hence, not eating that loaf will give her aggravation. Not eating the second one will not.
16.
The Kessef Mishneh notes that when a sage absolves a vow, if he nullifies a portion of the vow, the entire vow is nullified (Chapter 4, Halachah 11). This principle does not, however, hold true with regard to a vow nullified by a husband.
17.
I.e., it is not a matter of aggravation, because she may eat figs. Nevertheless, obtaining the figs places a difficulty upon her husband. Although it also mentions the Rambam's view, the Shulchan Aruch (Yoreh De'ah 234:60) appears to follow the view of other Rishonim who maintain that this is also considered a vow involving aggravation.
18.
As stated in Halachah 2.
19.
I.e., this point is obvious. Even if she does not say so explicitly, she may benefit from him without him having to nullify the vow.
20.
The Mishnah (Nedarim 11:3) quotes Rabbi Yossi who rules that one may not nullify such a vow. In his Commentary to the Mishnah, the Rambam explains that this is a minority view.
The Shulchan Aruch (Yoreh De'ah 234:64) quotes the Rambam's view, but also that of other Rishonim who maintain that such a vow is considered one which involves personal aggravation.
21.
Our translation is based on the Kessef Mishneh who states that the wording of the original is inexact.
22.
I.e., even if he does not nullify the vow, it does not take effect.
23.
See Chapter 5, Halachah 3. By agreeing to marriage, a woman gives her husband rights to marital intimacy that cannot be withheld.
24.
Hilchot Ishut 12:2, based on Exodus 21:10.
25.
Since the vow does not forbid anything to the man, it will take effect unless he nullifies it. See also parallels in Hilchot Ishut 14:7 and Chapter 1, Halachah 30, above.
Based on Chapter 3, Halachah 10, it must be concluded that we are referring to an instance where she said "Your body is forbidden to me," for satisfaction is not a tangible matter (Rashba, as quoted by Turei Zahav 234:57; Siftei Cohen 234:81). Tosafot maintains that even if he does not say "Your body...," we consider it as if he did. This intent is reflected in the wording chosen by the Shulchan Aruch.
26.
I.e., in both cases, she is consecrating the future products of her labor to the Temple treasury. She must, however, be careful to phrase the vow in a manner that she is not consecrating an entity that does not exist. For then the vow would not be effective [Nedarim 85a; Rama (Yoreh De'ah 234:71)]. See also Hilchot Arachin 6:28.
27.
I.e., one of the rights given to a husband is the right to benefit from his wife's labor (Hilchot Ishut, loc. cit.).
28.
Ketubot 59b; Nedarim 86b.
29.
Of a servant. If a servant was designated as security for a debt and was then freed by his master, he is a free man and is not in any way subjugated to the person who had the lien (Hilchot Malveh ULoveh 18:6).
30.
If a Jew designated leavened products (chametz) as security for a loan to a gentile, when the prohibition against benefiting from chametz takes effect, the lien is no longer effective and the chametz reverts to the ownership of the Jew and he is obligated to destroy it.
31.
If an ox was designated as security for a loan and then its owner, the borrower, consecrated it, the lien is severed and the lender must collect the debt from another source. See also Hilchot Arachin 7:5.
32.
As in several other instances, our Sages reinforced their decrees, giving them more power than Scriptural Law (see Chapter 3, Halachah 9 for another example). The rationale is that if Rabbinic Law was not given this additional measure of strength, people might treat it lightly.
33.
For her vow would take effect after the divorce and then, he would not be able to remarry her because he would then be forbidden to benefit from her work, including her performance of household tasks, thus creating an impossible situation.
See Turei Zahav 234:63 who explains why we mention this concern in this instance and not in others where it would seemingly apply.
34.
For, as reflected by Hilchot Ishut 21:3, she is not under any obligation to perform work on behalf of these people.
35.
I.e., the animal he rides upon.
36.
As Hilchot Ishut 21:5 states, she is obligated to provide straw for his riding animal. She is not, however, obligated to provide water for it, for it is necessary to draw water from a spring or river and that is compromising to a woman's modesty (Kessef Mishneh). As mentioned in the notes to Hilchot Ishut, loc. cit., the Rambam's ruling is based the version of Ketubot 61b cited by Rabbenu Yitzchak Alfasi. The standard published text of the Talmud follows a different understanding.
37.
She is obligated to provide straw for the animal he rides upon, for that is an expression of consideration for her husband's person. She has no such obligation with regard to his cattle, for those animals are necessary only for work and that is solely her husband's concern.
38.
I.e., were she obligated to perform these tasks, her vow not to perform them would not take effect.
39.
A sage, by contrast, may only absolve an oath or a vow after it takes effect (Hilchot Sh'vuot 6:14).
40.
The Rambam's ruling is cited by the Shulchan Aruch (Yoreh De'ah 234:28). The Kessef Mishneh and the Rama quote the ruling of Rabbenu Yerucham who maintains that this principle applies only with regard to vows that have not taken effect because the time when they are due to take effect has not come. If, however, they are dependent on a deed, they cannot be nullified until they take effect. See the comments of the Siftei Cohen 234:45 which discusses this issue.
41.
This applies even if he is not both deaf and dumb [Shulchan Aruch (Yoreh De'ah 234:25)].
42.
For Numbers 30:5 speak of her father hearing. Implied is that if he cannot hear, he cannot nullify the vow (Sifri to the verse).
43.
Chapter 11, Halachah 21. This also applies with regard to her father, as indicated by Halachah 20 of that chapter.
44.
Rabbenu Asher [quoted by Rama (Yoreh De'ah 234:25)] differs and maintains that it is necessary for him to hear the vow.
45.
See Hilchot Ishut 4:7; 11:6.
46.
The Shulchan Aruch (Yoreh De'ah 234:29) quotes the Rambam's ruling, but mentions that there are other Rishonim who differ regarding this issue.
47.
I.e., until nightfall, as the Rambam continues to explain.
48.
The Shulchan Aruch (Yoreh De'ah 234:29) quotes the Rambam's ruling, but mentions that there are other Rishonim who differ regarding this issue.
49.
I.e., neither a husband, nor a father.
50.
For the day on which he heard the vow has passed.
51.
Which seemingly implies a 24 hour period.
52.
In the previous halachah.
53.
I.e., according to the Rambam, regardless of who hears about the vow and nullifies it first, the father and the husband must both nullify it on the same day. The Shulchan Aruch (Yoreh De'ah 234:5) quotes the Rambam's view, but also that of the Ramban and Rabbenu Asher who maintain that the father and the husband do not have to nullify the vow on the same day. As long as each one nullifies it on the day he hears of it, it is nullified. The Siftei Cohen 234:13 quotes the opinion of the Bayit Chadash who rules that we should be stringent and follow the Rambam's decision.
54.
I.e., this obviously applies after nissuin, when the woman is living in her husband's home.
55.
I.e., he intended to nullify her vow afterwards, but desired that she think that the vow is binding so that she will take the matter more seriously.
56.
I.e., since the vow was nullified, there is no prohibition involved in the action.
57.
A punishment instituted by the Rabbis.
58.
If she transgressed willfully.
59.
If she transgressed inadvertently.
60.
In contrast to the repeal of a vow by a sage, when a father or a husband nullify a vow, they do not nullify it retroactively, only from the time of their actions onward. See the notes to Chapter 13, Halachah 2.
61.
Significantly, the Sifri derives the same concept from a different verse.
62.
For the day he discovers new information concerning the vow is equivalent to the day he hears of it.
• Shabbat, 15 Shevat, 5777 · 11 February 2017
• "Today's Day"
• Thursday, Sh'vat 15, 5703
Tachanun is not said.
Torah lessons: Chumash: B'shalach, Chamishi with Rashi.
Tehillim: 77-78.
Tanya: Yet his so-called (p. 87)...losing their entity. (p. 89).
When the second part of Torah Or was about to be printed, Chassidim knew that the Tzemach Tzedek had written glosses and commentaries on the maamarim. They pleaded with him to publish these with the maamarim, but he refused. He then dreamt that his grandfather, the Alter Rebbe, visited him and asked him to publish them, but he revealed this to no one. Only after three of his sons had the same dream and reported this to him did he agree to have his glosses and commentary printed with the second part of Torah Or, which they now entitled "Likutei Torah."1
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 Sh'vat 3.
• Daily Thought:
Life's Roots
We are trees, living two lives at once.
One life breaking out through the soil into this world. And even then, with all our might, we struggle to rise yet higher, climbing up towards the sun, desperate not to be torn away by the fury of its storms or consumed by its fires.
Then there are our roots, deep under the ground, unmoving and serene. They are our ancient mothers and fathers, who lie within us at our very core.
For them, there is no storm, no struggle. There is only the One, the Infinite, for Whom all the cosmos with all its challenges are nothing more than a fantasy renewed every moment from the void.
Our strength is from our bond with them. With their nurture we will conquer the storm and bring beauty to the world within which we were planted.
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