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- ב"ה - Today in Judaism - Today is Shabbat, Elul 11, 5777 · September 2, 2017Torah Reading:
Ki Teitzei: Deuteronomy 21:10 - 25:19
Isaiah 54:1-10
Deuteronomy 21:10 “When you go out to war against your enemies, and Adonai your God hands them over to you, and you take prisoners, 11 and you see among the prisoners a woman who looks good to you, and you feel attracted to her and want her as your wife; 12 you are to bring her home to your house, where she will shave her head, cut her fingernails 13 and remove her prison clothing. She will stay there in your house, mourning her father and mother for a full month; after which you may go in to have sexual relations with her and be her husband, and she will be your wife. 14 In the event that you lose interest in her, you are to let her go wherever she wishes; but you may not sell her for money or treat her like a slave, because you humiliated her.
15 “If a man has two wives, the one loved and the other unloved, and both the loved and unloved wives have borne him children, and if the firstborn son is the child of the unloved wife; 16 then, when it comes time for him to pass his inheritance on to his sons, he may not give the inheritance due the firstborn to the son of the loved wife in place of the son of the unloved one, who is in fact the firstborn. 17 No, he must acknowledge as firstborn the son of the unloved wife by giving him a double portion of everything he owns, for he is the firstfruits of his manhood, and the right of the firstborn is his.
18 “If a man has a stubborn, rebellious son who will not obey what his father or mother says, and even after they discipline him he still refuses to pay attention to them; 19 then his father and mother are to take hold of him and bring him out to the leaders of his town, at the gate of that place, 20 and say to the leaders of his town, ‘This son of ours is stubborn and rebellious, he doesn’t pay attention to us, lives wildly, gets drunk.’ 21 Then all the men of his town are to stone him to death; in this way you will put an end to such wickedness among you, and all Isra’el will hear about it and be afraid.
(ii) 22 “If someone has committed a capital crime and is put to death, then hung on a tree, 23 his body is not to remain all night on the tree, but you must bury him the same day, because a person who has been hanged has been cursed by God — so that you will not defile your land, which Adonai your God is giving you to inherit.
22:1 “You are not to watch your brother’s ox or sheep straying and behave as if you hadn’t seen it; you must bring them back to your brother. 2 If your brother is not close by, or you don’t know who the owner is, you are to bring it home to your house; and it will remain with you until your brother asks for it; then you are to give it back to him. 3 You are to do the same with his donkey, his coat or anything else of your brother’s that he loses. If you find something he lost, you must not ignore it.
4 “If you see your brother’s donkey or ox collapsed on the road, you may not behave as if you hadn’t seen it; you must help him get them up on their feet again.
5 “A woman is not to wear men’s clothing, and a man is not to put on women’s clothing, for whoever does these things is detestable to Adonai your God.
6 “If, as you are walking along, you happen to see a bird’s nest in a tree or on the ground with chicks or eggs, and the mother bird is sitting on the chicks or the eggs, you are not to take the mother with the chicks. 7 You must let the mother go, but you may take the chicks for yourself; so that things will go well with you, and you will prolong your life.
(iii) 8 “When you build a new house, you must build a low wall around your roof; otherwise someone may fall from it, and you will be responsible for his death.
9 “You are not to sow two kinds of seed between your rows of vines; if you do, both the two harvested crops and the yield from the vines must be forfeited. 10 You are not to plow with an ox and a donkey together. 11 You are not to wear clothing woven with two kinds of thread, wool and linen together.
12 “You are to make for yourself twisted cords on the four corners of the garment you wrap around yourself.
13 “If a man marries a woman, has sexual relations with her and then, having come to dislike her, 14 brings false charges against her and defames her character by saying, ‘I married this woman, but when I had intercourse with her I did not find evidence that she was a virgin’; 15 then the girl’s father and mother are to take the evidence of the girl’s virginity to the leaders of the town at the gate. 16 The girl’s father will say to the leaders, ‘I let my daughter marry this man, but he hates her, 17 so he has brought false charges that he didn’t find evidence of her virginity; yet here is the evidence of my daughter’s virginity’ — (18 ) and they will lay the cloth before the town leaders. 18 (19) The leaders of that town are to take the man, punish him, 19 and fine him two-and-a-half pounds of silver shekels, which they will give to the girl’s father, because he has publicly defamed a virgin of Isra’el. She will remain his wife, and he is forbidden from divorcing her as long as he lives.
20 “But if the charge is substantiated that evidence for the girl’s virginity could not be found; 21 then they are to lead the girl to the door of her father’s house, and the men of her town will stone her to death, because she has committed in Isra’el the disgraceful act of being a prostitute while still in her father’s house. In this way you will put an end to such wickedness among you.
22 “If a man is found sleeping with a woman who has a husband, both of them must die — the man who went to bed with the woman and the woman too. In this way you will expel such wickedness from Isra’el.
23 “If a girl who is a virgin is engaged to a man, and another man comes upon her in the town and has sexual relations with her; 24 you are to bring them both out to the gate of the city and stone them to death — the girl because she didn’t cry out for help, there in the city, and the man because he has humiliated his neighbor’s wife. In this way you will put an end to such wickedness among you.
25 “But if the man comes upon the engaged girl out in the countryside, and the man grabs her and has sexual relations with her, then only the man who had intercourse with her is to die. 26 You will do nothing to the girl, because she has done nothing deserving of death. The situation is like the case of the man who attacks his neighbor and kills him. 27 For he found her in the countryside, and the engaged girl cried out, but there was no one to save her.
28 “If a man comes upon a girl who is a virgin but who is not engaged, and he grabs her and has sexual relations with her, and they are caught in the act, 29 then the man who had intercourse with her must give to the girl’s father one-and-a-quarter pounds of silver shekels, and she will become his wife, because he humiliated her; he may not divorce her as long as he lives.
23:1 (22:30) “A man is not to take his father’s wife, thus violating his father’s rights.
2 (1) “A man with crushed or damaged private parts may not enter the assembly of Adonai.
3 (2) “A mamzer may not enter the assembly of Adonai, nor may his descendants down to the tenth generation enter the assembly of Adonai.
4 (3) “No ‘Amoni or Mo’avi may enter the assembly of Adonai, nor may any of his descendants down to the tenth generation ever enter the assembly of Adonai, 5 (4) because they did not supply you with food and water when you were on the road after leaving Egypt, and because they hired Bil‘am the son of B‘or from P’tor in Aram-Naharayim to put a curse on you. 6 (5) But Adonai your God would not listen to Bil‘am; rather, Adonai your God turned the curse into a blessing for you; because Adonai your God loved you. 7 (6) So you are never to seek their peace or well being, as long as you live.
(iv) 8 (7) “But you are not to detest an Edomi, because he is your brother; and you are not to detest an Egyptian, because you lived as a foreigner in his land. 9 (8) The third generation of children born to them may enter the assembly of Adonai.
10 (9) “When you are in camp, at war with your enemies, you are to guard yourself against anything bad. 11 (10) If there is a man among you who is unclean because of a nocturnal emission, he is to go outside the camp; he is not to enter the camp. 12 (11) When evening arrives he is to bathe himself in water, and after sunset he may enter the camp. 13 (12) Also you are to have an area outside the camp to use as a latrine. 14 (13) You must include a trowel with your equipment, and when you relieve yourself, you are to dig a hole first and afterwards cover your excrement. 15 (14) For Adonai your God moves about in your camp to rescue you and to hand over your enemies to you. Therefore your camp must be a holy place. [Adonai] should not see anything indecent among you, or he will turn away from you.
16 (15) “If a slave has escaped from his master and taken refuge with you, you are not to hand him back to his master. 17 (16) Allow him to stay with you, in whichever place suits him best among your settlements; do not mistreat him.
18 (17) “No woman of Isra’el is to engage in ritual prostitution, and no man of Isra’el is to engage in ritual homosexual prostitution.
19 (18) Nothing earned through heterosexual or homosexual prostitution is to be brought into the house of Adonai your God in fulfillment of any vow, for both of these are abhorrent to Adonai your God.
20 (19) “You are not to lend at interest to your brother, no matter whether the loan is of money, food or anything else that can earn interest. 21 (20) To an outsider you may lend at interest, but to your brother you are not to lend at interest, so that Adonai your God will prosper you in everything you set out to do in the land you are entering in order to take possession of it.
22 (21) “When you make a vow to Adonai your God, you are not to delay in fulfilling it, for Adonai your God will certainly demand it of you, and your failure to do so will be your sin. 23 (22) If you choose not to make a vow at all, that will not be a sin for you; 24 (23) but if a vow passes your lips, you must take care to perform it according to what you voluntarily vowed to Adonai your God, what you promised in words spoken aloud.
(v) 25 (24) “When you enter your neighbor’s vineyard, you may eat enough grapes to satisfy your appetite; but you are not to put any in your basket. 26 (25) When you enter your neighbor’s field of growing grain, you may pluck ears with your hand; but you are not to put a sickle to your neighbor’s grain.
24:1 “Suppose a man marries a woman and consummates the marriage but later finds her displeasing, because he has found her offensive in some respect. He writes her a divorce document, gives it to her and sends her away from his house. 2 She leaves his house, goes and becomes another man’s wife; 3 but the second husband dislikes her and writes her a get, gives it to her and sends her away from his house; or the second husband whom she married dies. 4 In such a case her first husband, who sent her away, may not take her again as his wife, because she is now defiled. It would be detestable to Adonai, and you are not to bring about sin in the land Adonai your God is giving you as your inheritance.
(vi) 5 “If a man has recently married his wife, he is not to be subject to military service; he is to be free of external obligations and left at home for one year to make his new wife happy.
6 “No one may take a mill or even an upper millstone as collateral for a loan, because that would be taking as collateral the debtor’s very means of sustenance.
7 “If a man kidnaps any of his brothers, fellow members of the community of Isra’el, and makes him his slave or sells him, that kidnapper must die; in this way you will put an end to such wickedness among you.
8 “When there is an outbreak of tzara‘at, be careful to observe and do just what the cohanim, who are L’vi’im, teach you. Take care to do as I ordered them. 9 Remember what Adonai your God did to Miryam on the road after you left Egypt.
10 “When you make any kind of loan to your neighbor, you are not to enter his house to take his collateral. 11 You must stand outside, and the borrower will bring the collateral outside to you. 12 If he is poor, you are not to go to bed with what he gave as collateral in your possession; 13 rather, you must restore the pledged item at sunset; then he will go to sleep wearing his garment and bless you. This will be an upright deed of yours before Adonai your God.
(vii) 14 “You are not to exploit a hired worker who is poor and needy, whether one of your brothers or a foreigner living in your land in your town. 15 You are to pay him his wages the day he earns them, before sunset; for he is poor and looks forward to being paid. Otherwise he will cry out against you to Adonai, and it will be your sin.
16 “Fathers are not to be executed for the children, nor are children to be executed for the fathers; every person will be executed for his own sin.
17 “You are not to deprive the foreigner or the orphan of the justice which is his due, and you are not to take a widow’s clothing as collateral for a loan. 18 Rather, remember that you were a slave in Egypt; and Adonai your God redeemed you from there. That is why I am ordering you to do this.
19 “When harvesting the grain in your field, if you forgot a sheaf of grain there, you are not to go back and get it; it will remain there for the foreigner, the orphan and the widow, so that Adonai your God will bless you in all the work you do. 20 When you beat your olive tree, you are not to go back over the branches again; the olives that are left will be for the foreigner, the orphan and the widow. 21 When you gather the grapes from your vineyard, you are not to return and pick grapes a second time; what is left will be for the foreigner, the orphan and the widow. 22 Remember that you were a slave in the land of Egypt. That is why I am ordering you to do this.
25:1 “If people have a dispute, seek its resolution in court, and the judges render a decision in favor of the righteous one and condemning the wicked one; 2 then, if the wicked one deserves to be flogged, the judge is to have him lie down and be flogged in his presence. The number of strokes is to be proportionate to his offense; 3 but the maximum number is forty. He is not to exceed this; if he goes over this limit and beats him more than this, your brother will be humiliated before your eyes.
4 “You are not to muzzle an ox when it is treading out the grain.
5 “If brothers live together, and one of them dies childless, his widow is not to marry someone unrelated to him; her husband’s brother is to go to her and perform the duty of a brother-in-law by marrying her. 6 The first child she bears will succeed to the name of his dead brother, so that his name will not be eliminated from Isra’el. 7 If the man does not wish to marry his brother’s widow, then his brother’s widow is to go up to the gate, to the leaders, and say, ‘My brother-in-law refuses to raise up for his brother a name in Isra’el; he will not perform the duty of a husband’s brother for me.’ 8 The leaders of his town are to summon him and speak to him. If, on appearing before them, he continues to say, ‘I don’t want to marry her,’ 9 then his brother’s widow is to approach him in the presence of the leaders, pull his sandal off his foot, spit in his face and say, ‘This is what is done to the man who refuses to build up his brother’s family.’ 10 From that time on, his family is to be known in Isra’el as ‘the family of the man who had his sandal pulled off.’
11 “If men are fighting with each other, and the wife of one comes up to help her husband get away from the man attacking him by grabbing the attacker’s private parts with her hand, 12 you are to cut off her hand; show no pity.
13 “You are not to have in your pack two sets of weights, one heavy, the other light. 14 You are not to have in your house two sets of measures, one big, the other small. 15 You are to have a correct and fair weight, and you are to have a correct and fair measure, so that you will prolong your days in the land Adonai your God is giving you. 16 For all who do such things, all who deal dishonestly, are destestable to Adonai your God.
(Maftir) 17 “Remember what ‘Amalek did to you on the road as you were coming out of Egypt, 18 how he met you by the road, attacked those in the rear, those who were exhausted and straggling behind when you were tired and weary. He did not fear God. 19 Therefore, when Adonai your God has given you rest from all your surrounding enemies in the land Adonai your God is giving you as your inheritance to possess, you are to blot out all memory of ‘Amalek from under heaven. Don’t forget!
Isaiah 54:1 “Sing, barren woman who has never had a child!
Burst into song, shout for joy,
you who have never been in labor!
For the deserted wife will have more children
than the woman who is living with her husband,” says Adonai.
2 Enlarge the space for your tent,
extend the curtains of your dwelling;
do not hold back, lengthen your cords,
make your tent pegs firm.
3 For you will spread out to the right and the left,
your descendants will possess the nations
and inhabit the desolated cities.
4 Don’t be afraid, for you won’t be ashamed;
don’t be discouraged, for you won’t be disgraced.
You will forget the shame of your youth,
no longer remember the dishonor of being widowed.
5 For your husband is your Maker,
Adonai-Tzva’ot is his name.
The Holy One of Isra’el is your Redeemer.
He will be called the God of all the earth.
6 For Adonai has called you back
like a wife abandoned and grief-stricken;
“A wife married in her youth
cannot be rejected,” says your God.
7 “Briefly I abandoned you,
but with great compassion I am taking you back.
8 I was angry for a moment
and hid my face from you;
but with everlasting grace
I will have compassion on you,”
says Adonai your Redeemer.
9 “For me this is like Noach’s flood.
Just as I swore that no flood like Noach’s
would ever again cover the earth,
so now I swear that never again
will I be angry with you or rebuke you.
10 For the mountains may leave and the hills be removed,
but my grace will never leave you,
and my covenant of peace will not be removed,”
says Adonai, who has compassion on you.
Today's Laws and Customs:
- Ethics: Chapter 2
Link: Ethics of the Fathers, Chapter 2
- Elul Observances
As the month of Divine Mercy and Forgiveness (see "Today in Jewish History" for Elul 1) it is a most opportune time for teshuvah ("return" to G-d), prayer, charity, and increased Ahavat Yisrael (love for a fellow Jew) in the quest for self-improvement and coming closer to G-d. Chassidic master Rabbi Schneur Zalman of Liadi likens the month of Elul to a time when "the king is in the field" and, in contrast to when he is in the royal palace, "everyone who so desires is permitted to meet him, and he receives them all with a cheerful countenance and shows a smiling face to them all."
Specific Elul customs include the daily sounding of the shofar (ram's horn) as a call to repentance. The Baal Shem Tov instituted the custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below to view today's Psalms.
Chapter 31 Chapter 32 Chapter 33
Psalms Chapter 31:1. For the Conductor, a psalm by David.
2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.
3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.
4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.
5. Remove me from the net they planted for me, for You are my stronghold.
6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.
7. I despise those who anticipate worthless vanities; but I trust in the Lord.
8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.
9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.
10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.
11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.
12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.
13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.
14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.
15. But I trusted in You, O Lord; I said, "You are my God.”
16. My times are in Your hand; save me from the hands of my enemies and pursuers.
17. Shine Your countenance upon Your servant; deliver me in Your kindness.
18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.
19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.
20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.
21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.
22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.
23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.
24. Love the Lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.
25. Be strong and fortify your hearts, all who put their hope in the Lord! Chapter 32:1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.
2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.
3. When I was silent, my limbs wore away through my wailing all day long.
4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.
5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.
6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.
7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.
8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.
9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.
10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.
11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart! Chapter 33:1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.
2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.
3. Sing to Him a new song; play well with sounds of jubilation.
4. For the word of the Lord is just; all His deeds are done in faithfulness.
5. He loves righteousness and justice; the kindness of the Lord fills the earth.
6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.
7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.
8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.
9. For He spoke, and it came to be; He commanded, and it endured.
10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.
11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.
12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.
13. The Lord looks down from heaven; He beholds all mankind.
14. From His dwelling-place He looks intently upon all the inhabitants of the earth.
15. It is He Who fashions the hearts of them all, Who perceives all their actions.
16. The king is not saved by a great army, nor a warrior rescued by great might.
17. The horse is a false guarantee for victory; with all its great strength it offers no escape.
18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,
19. to save their soul from death and to sustain them during famine.
20. Our soul yearns for the Lord; He is our help and our shield.
21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.
22. May Your kindness, Lord, be upon us, as we have placed our hope in You.
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.
Links: More on Elul
Today in Jewish History:
- Completion of Beit Yosef (1542)
Rashab's marriage (1875)
Marriage of the fifth Rebbe of Chabad-Lubavitch, Rabbi Sholom DovBer Schneersohn ("Rashab", 1860-1920), to Rebbetzin Shterna Sarah Schneerson (1860-1942).
Daily Torah Study:
Chumash: Ki Teitzei, 7th Portion Deuteronomy 24:14-25:19 with Rashi
• English / Hebrew Linear Translation
• Video Class
• Daily Wisdom (short insight)
Deuteronomy Chapter 24
14You shall not withhold the wages of a poor or destitute hired worker, of your brothers or of your strangers who are in your land within your cities. ידלֹא־תַֽעֲשֹׁ֥ק שָׂכִ֖יר עָנִ֣י וְאֶבְי֑וֹן מֵֽאַחֶ֕יךָ א֧וֹ מִגֵּֽרְךָ֛ אֲשֶׁ֥ר בְּאַרְצְךָ֖ בִּשְׁעָרֶֽיךָ:
You shall not withhold the wages of a [poor or destitute] hired worker: But has this not already been written [in the verse, “You shall not withhold what is due your fellow [Jew]” (Lev. 19:13)]? However, this [negative commandment] is [repeated here] to [make one] transgress two negative commandments for [withholding the pay due] a destitute person: [First, here,] not to withhold the wages of a worker who is poor or destitute, and [secondly,] concerning [even] the well-to-do worker, one was already admonished (Lev. 19:13)],“You shall not [unjustly] withhold what is due your fellow [Jew, which includes the destitute as well].” - [B.M. 61a] [See Chavel and Yosef Hallel, who quote the Reggio edition, which is more correct.]
לא תעשק שכיר: והלא כבר כתוב, אלא לעבור על האביון בשני לאוין לא תעשוק שכר שכיר שהוא עני ואביון, ועל העשיר כבר הוזהר (ויקרא יט יג) לא תעשוק את רעך:
destitute: Heb. אֶבְיוֹן, one who longs for everything [because he has nothing. The word for longing (תאב) resembles the word for destitute (אֶבְיוֹן)]. - [See Midrash Prov. 22:22]
אביון: התאב לכל דבר:
of your strangers: This [refers to] a righteous proselyte [who converts to Judaism out of genuine conviction and pure motives]. — [Sifrei 24:145]
מגרך: זה גר צדק:
within your cities: This [expression refers to] a convert who [has undertaken not to practice idolatry, but] eats animals that have not been ritually slaughtered. — [Sifrei 24:145]
בשעריך: זה גר תושב האוכל נבלות:
who are in your land: This [expression] comes to include the hire of animals or utensils. — [Sifrei 24:145, B.M. 111b]
אשר בארצך: לרבות שכר בהמה וכלים:
15You shall give him his wage on his day and not let the sun set over it, for he is poor, and he risks his life for it, so that he should not cry out to the Lord against you, so that there should be sin upon you. טובְּיוֹמוֹ֩ תִתֵּ֨ן שְׂכָר֜וֹ וְלֹֽא־תָב֧וֹא עָלָ֣יו הַשֶּׁ֗מֶשׁ כִּ֤י עָנִי֙ ה֔וּא וְאֵלָ֕יו ה֥וּא נֹשֵׂ֖א אֶת־נַפְשׁ֑וֹ וְלֹֽא־יִקְרָ֤א עָלֶ֨יךָ֙ אֶל־יְהֹוָ֔ה וְהָיָ֥ה בְךָ֖ חֵֽטְא:
and he risks his life for it: For this wage he risks his life. [For instance,] he climbed up a ramp or suspended himself from a tree. — [B.M. 112a]
ואליו הוא נושא את נפשו: אל השכר הזה הוא נושא את נפשו למות, עלה בכבש ונתלה באילן:
so that there should be sin upon you: in any case, [even if he does not cry out to the Lord against you]. However, punishment is meted out faster by virtue of one who cries out. — [Sifrei 24:146]
והיה בך חטא: מכל מקום, אלא שממהרין להפרע על ידי הקורא:
16Fathers shall not be put to death because of sons, nor shall sons be put to death because of fathers; each man shall be put to death for his own transgression. טזלֹא־יֽוּמְת֤וּ אָבוֹת֙ עַל־בָּנִ֔ים וּבָנִ֖ים לֹא־יֽוּמְת֣וּ עַל־אָב֑וֹת אִ֥ישׁ בְּחֶטְא֖וֹ יוּמָֽתוּ:
Fathers shall not be put to death because of sons: [I.e.,] by the testimony of [their] sons. But, if you say [that it means that fathers shall not be put to death] because of the sins of their sons, it has already been stated, “each man shall be put to death for his own transgression.” However, one who is not yet a man may die on account of his father’s transgressions. [Therefore,] minors may die at the hands of Heaven on account of their parents’ sins. — [Sifrei 24:147, Shab. 32b]
לא יומתו אבות על בנים: בעדות בנים. ואם תאמר בעון בנים, כבר נאמר איש בחטאו יומתו, אבל מי שאינו איש מת בעון אביו, הקטנים מתים בעון אבותם בידי שמים:
17You shall not pervert the judgment of a stranger or an orphan, and you shall not take a widow's garment as security [for a loan] . יזלֹ֣א תַטֶּ֔ה מִשְׁפַּ֖ט גֵּ֣ר יָת֑וֹם וְלֹ֣א תַחֲבֹ֔ל בֶּ֖גֶד אַלְמָנָֽה:
You shall not pervert the judgment of a stranger or an orphan: And concerning a wealthy person, [meaning anyone, not necessarily poor], one has already been warned, “You shall not pervert justice” (Deut. 16:19). However, [Scripture] repeats this prohibition here in reference to the poor man to [make one] transgress two negative commandments [for perverting the justice due a poor man]. Since it is easier to pervert the judgment of a poor man than that of a rich man, [Scripture] admonishes and then repeats [the admonition].
לא תטה משפט גר יתום: ועל העשיר כבר הוזהר (דברים טז יט) לא תטה משפט, ושנה בעני לעבור עליו בשני לאוין, לפי שנקל להטות משפט עני יותר משל עשיר, לכך הזהיר ושנה עליו:
and you shall not take a widow’s garment as security [for a loan]: not at the time of the loan, [but when the debtor has defaulted].
ולא תחבול: שלא בשעת הלואה:
18You shall remember that you were a slave in Egypt, and the Lord, your God, redeemed you from there; therefore, I command you to do this thing. יחוְזָֽכַרְתָּ֗ כִּ֣י עֶ֤בֶד הָיִ֨יתָ֙ בְּמִצְרַ֔יִם וַיִּפְדְּךָ֛ יְהֹוָ֥ה אֱלֹהֶ֖יךָ מִשָּׁ֑ם עַל־כֵּ֞ן אָֽנֹכִ֤י מְצַוְּךָ֙ לַֽעֲשׂ֔וֹת אֶת־הַדָּבָ֖ר הַזֶּֽה:
You shall remember [that you were a slave in Egypt, and the Lord, your God, redeemed you from there]: [God says:] On that condition I redeemed you, [namely, on the condition] that you observe My statutes, even if you incur monetary loss in the matter.
וזכרת: על מנת כן פדיתיך לשמור חקותי אפילו יש חסרון כיס בדבר:
19When you reap your harvest in your field and forget a sheaf in the field, you shall not go back to take it; it shall be [left] for the stranger, the orphan, and the widow, so that the Lord, your God, will bless you in all that you do. יטכִּ֣י תִקְצֹר֩ קְצִֽירְךָ֨ בְשָׂדֶ֜ךָ וְשָֽׁכַחְתָּ֧ עֹ֣מֶר בַּשָּׂדֶ֗ה לֹ֤א תָשׁוּב֙ לְקַחְתּ֔וֹ לַגֵּ֛ר לַיָּת֥וֹם וְלָֽאַלְמָנָ֖ה יִֽהְיֶ֑ה לְמַ֤עַן יְבָֽרֶכְךָ֙ יְהֹוָ֣ה אֱלֹהֶ֔יךָ בְּכֹ֖ל מַֽעֲשֵׂ֥ה יָדֶֽיךָ:
and forget a sheaf: but not a stack. [That is, if someone forgot a stack of grain, he may go back to retrieve it.] (Sifrei 24:149). Hence, [our Rabbis] said: (Pe’ah 6:6) A sheaf containing two se’ah, which someone forgot, is not considered שִׁכְחָה [that is, the harvester is permitted to go back and retrieve it].
ושכחת עומר: ולא גדיש. מכאן אמרו עומר שיש בו סאתים ושכחו אינו שכחה:
[When you reap your harvest in your field and forget a sheaf] in the field: [Why the repetition of the word“field”? This comes] to include שִׁכְחָה of standing grain, part of which the harvester had forgotten to reap, [not only bound up sheaves standing in the field]. - [Sifrei 24:149]
בשדה: לרבות שכחת קמה ששכח מקצתה מלקצור:
you shall not go back to take it: From here, [our Rabbis] said: Whatever is behind him is considered שִׁכְחָה, “forgotten” [and may not be retrieved]. Whatever is in front of him, is not considered “forgotten” [and may still be retrieved], since it does not come under the law of “you shall not go back to take.” - [Pe’ah 6:4]
לא תשוב לקחתו: מכאן אמרו, שלאחריו שכחה, שלפניו אינו שכחה, שאינו בבל תשוב:
so that [the Lord, your God,] will bless you: Although [the forgotten sheaf came into his hand without intention [of the owner]. How how much more so [will one be blessed] if he did it liberately! Hence, you must say that if someone dropped a sela, and a poor man found it and was sustained by it, then he [who lost the coin] will be blessed on its account. — [Sifrei 24:149]
למען יברכך: ואף על פי שבאת לידו שלא במתכוין, קל וחומר לעושה במתכוין. אמור מעתה, נפלה סלע מידו ומצאה עני ונתפרנס בה הרי הוא מתברך עליה:
20When you beat your olive tree, you shall not deglorify it [by picking all its fruit] after you; it shall be [left] for the stranger, the orphan and the widow. ככִּ֤י תַחְבֹּט֙ זֵֽיתְךָ֔ לֹ֥א תְפַאֵ֖ר אַֽחֲרֶ֑יךָ לַגֵּ֛ר לַיָּת֥וֹם וְלָֽאַלְמָנָ֖ה יִֽהְיֶֽה:
you shall not deglorify it [by picking all its fruit] after you: Heb. לֹא-תְפַאֵר, [This word is derived from פְּאֵר or תִּפְאֶרֶת, “glory.” The “glory” of an olive-tree is its fruit. Thus, the meaning is:“You shall not take its glory” (תִּפְאֶרֶת) from it. [I.e., do not remove all its fruit.] Hence, [our Rabbis derive that [in addition to the harvest of grain and produce, in fruit-bearing trees also], one must leave behind פֵּאָה, [fruits at the end of the olive harvest]. — [Chul. 131b]
לא תפאר: לא תטול תפארתו ממנו. מכאן שמניחין פאה לאילן:
after you: This refers to שִׁכְחָה, forgotten fruit [in the case of a fruit-bearing tree, that one must leave the forgotten fruit for the poor to collect]. — [Chul. 131b]
אחריך: זו שכחה:
21When you pick the grapes of your vineyard, you shall not glean after you: it shall be [left] for the stranger, the orphan and the widow. כאכִּ֤י תִבְצֹר֙ כַּרְמְךָ֔ לֹ֥א תְעוֹלֵ֖ל אַֽחֲרֶ֑יךָ לַגֵּ֛ר לַיָּת֥וֹם וְלָֽאַלְמָנָ֖ה יִֽהְיֶֽה:
[When you pick the grapes of your vineyard,] you shall not glean: i.e., if you find עוֹלְלוֹת, small clusters therein, you shall not take them. Now what constitutes עוֹלְלוֹת [thus necessitating them to be left for the poor]? Any cluster of grapes which has neither a כָּתֵף,“shoulder” or a נָטֵף, “drippings.” But if it has either one of them, it belongs to the householder. — [Pe’ah 7:4] I saw in the Talmud Yerushalmi (Pe’ah 7:3):“What is a כָּתֵף, shoulder?” It is [a cluster of grapes] in which the sprigs of grapes pile one on top of the other [at the top of the cluster, together taking on the shape of a shoulder. And what is] a נָטֵף,“drippings?” These are the grapes suspended from the central stalk [of the cluster, as though dripping down].
לא תעולל: אם מצאת בו עוללות לא תקחנה. ואיזו היא עוללות כל שאין לה לא כתף ולא נטף. יש לה אחד מהם הרי היא לבעל הבית. וראיתי בתלמוד ירושלמי איזו היא כתף, פסיגין זה על גב זה. נטף, אלו התלויות בשדרה ויורדות:
22You shall remember that you were a slave in the land of Egypt: therefore, I command you to do this thing. כבוְזָ֣כַרְתָּ֔ כִּי־עֶ֥בֶד הָיִ֖יתָ בְּאֶ֣רֶץ מִצְרָ֑יִם עַל־כֵּ֞ן אָֽנֹכִ֤י מְצַוְּךָ֙ לַֽעֲשׂ֔וֹת אֶת־הַדָּבָ֖ר הַזֶּֽה:
Deuteronomy Chapter 25
1If there is a quarrel between men, and they approach the tribunal, and they [the judges] judge them, and they acquit the innocent one and condemn the guilty one אכִּי־יִֽהְיֶ֥ה רִיב֙ בֵּ֣ין אֲנָשִׁ֔ים וְנִגְּשׁ֥וּ אֶל־הַמִּשְׁפָּ֖ט וּשְׁפָט֑וּם וְהִצְדִּ֨יקוּ֙ אֶת־הַצַּדִּ֔יק וְהִרְשִׁ֖יעוּ אֶת־הָֽרָשָֽׁע:
If there is a quarrel: they will eventually go to court. We learn from this, that peace cannot result from quarrel. [Just think,] what caused Lot to leave the righteous man [Abraham] (Gen. 13:7-12)? Clearly, it was quarrel. — [Sifrei 25:152]
כי יהיה ריב: סופם להיות נגשים אל המשפט. אמור מעתה אין שלום יוצא מתוך מריבה, מי גרם ללוט לפרוש מן הצדיק הוי אומר זו מריבה:
and condemn the guilty one: [Since the next verse continues, “the judge shall… flog him,”] one might think that all those convicted by the court must be flogged. Therefore, Scripture teaches us, “and it shall be, if the guilty one has incurred [the penalty] of lashes…” (verse 2). [From here, we see that] sometimes [a convicted party] is given lashes, and sometimes he is not. Who receives lashes is derived from the context, as follows: [Some negative commandments are mitigated by positive commandments which relate to the same matter, for example, the law of sending away the mother bird (Deut. 22:6-7). Scripture (22:6) states the negative commandment: “you shall not take the mother upon the young,” and immediately, Scripture (22:7) continues to state the positive commandment of: “You shall send away the mother.” Here, the negative commandment is mitigated by the positive commandment. How so? If someone transgressed the negative commandment and took the mother bird from upon her young, he may clear himself of the punishment he has just incurred, by fulfilling the positive commandment of sending the mother bird away from the nest. This is an example of “a negative commandment mitigated by a positive commandment.” (see Mishnah Mak. 17a) Now, in our context, immediately after describing the procedure of flogging in court, the next verse (4) continues with the negative commandment of:] “You shall not muzzle an ox when it is threshing [the grain],” a negative commandment which is not mitigated by a positive one. [Therefore, from the very context of these verses, we learn that only for transgressing a “negative commandment which is not mitigated by a positive commandment,” is one punished by lashes.]- [see Mak. 13b]
והרשיעו את הרשע: יכול כל המתחייבין בדין לוקין, תלמוד לומר והיה אם בן הכות הרשע, פעמים לוקה ופעמים אינו לוקה. ומי הוא הלוקה, למוד מן הענין (פסוק ד), לא תחסום שור בדישו, לאו שלא נתק לעשה:
2and it shall be, if the guilty one has incurred [the penalty of] lashes, that the judge shall make him lean over and flog him in front of him, commensurate with his crime, in number. בוְהָיָ֛ה אִם־בִּ֥ן הַכּ֖וֹת הָֽרָשָׁ֑ע וְהִפִּיל֤וֹ הַשֹּׁפֵט֙ וְהִכָּ֣הוּ לְפָנָ֔יו כְּדֵ֥י רִשְׁעָת֖וֹ בְּמִסְפָּֽר:
the judge shall make him lean over: This teaches [us] that they [the judges] do not flog [the guilty party while [the latter is] standing or sitting, but, [when he is] leaning over. — [Mak. 22b]
והפילו השופט: מלמד שאין מלקין אותו לא עומד ולא יושב אלא מוטה:
[The judge shall… flog him] in front of him, commensurate with his crime: Heb., כְּדֵי רִשְׁעָתוֹ [singular-meaning one punishment before him -] and behind him twice that number. From here they [the Rabbis] said:“They must give him two thirds [of his lashes] behind him [i.e., on his back], and one third in front of him [i.e., on his chest]” (Mak. 22b)
לפניו כדי רשעתו: ולאחריו כדי שתים. מכאן אמרו, מלקין אותו שתי ידות מלאחריו ושליש מלפניו:
in number: Heb. בְּמִסְפָּר, but it is not vowelized בַּמִּסְפָּר, in the number. This teaches us that the word בְּמִסְפָּר is in the construct state, [qualifying the word following it which is the first word of the next verse, namely, אַרְבָּעִים], to read: בְּמִסְפָּר אַרְבָּעִים, that is, “[and flog him…] the number of forty,” but not quite a full quota of forty, but the number that leads up to the full total of forty, i. e.,“forty-minus-one.” - [Mak. 22b]
במספר: ואינו נקוד במספר, למד שהוא דבוק, לומר במספר ארבעים ולא ארבעים שלמים, אלא מנין שהוא סוכם ומשלים לארבעים, והן ארבעים חסר אחת:
3He shall flog him with forty [lashes]; he shall not exceed, lest he give him a much more severe flogging than these [forty lashes], and your brother will be degraded before your eyes. גאַרְבָּעִ֥ים יַכֶּ֖נּוּ לֹ֣א יֹסִ֑יף פֶּן־יֹסִ֨יף לְהַכֹּת֤וֹ עַל־אֵ֨לֶּה֙ מַכָּ֣ה רַבָּ֔ה וְנִקְלָ֥ה אָחִ֖יךָ לְעֵינֶֽיךָ:
He… shall not exceed: From here, we derive the admonition that one may not strike his fellow man. - [Keth. 33a, San. 85a]
לא יוסיף: מכאן אזהרה למכה את חברו:
and your brother will be degraded: All day [that is, throughout the entire procedure], Scripture calls him רָשָׁע, “wicked,” but, once he has been flogged, behold, he is “your brother.” - [Sifrei 25:153]
ונקלה אחיך: כל היום קוראו רשע ומשלקה קראו אחיך:
4You shall not muzzle an ox when it is threshing [the grain]. דלֹֽא־תַחְסֹ֥ם שׁ֖וֹר בְּדִישֽׁוֹ:
You shall not muzzle an ox: Scripture is speaking here in terms of what usually occurs [i.e., one usually uses an ox for threshing grain]. However, the law applies equally to any species of domestic animal, non-domesticated animal, or bird, and in any area of work in the process of preparing food. If so, why does Scripture specify an ox? To exclude man [from this law. That is, if it is a human who is performing the work, his employer is permitted to “muzzle” him, that is, to prevent the worker from eating from the produce. Nevertheless, it is a mitzvah to allow him to eat from the employer’s produce.]- [Sifrei 25:154]
לא תחסם שור בדישו: דיבר הכתוב בהווה והוא הדין לכל בהמה חיה ועוף העושים במלאכה שהיא בדבר מאכל. אם כן למה נאמר שור, להוציא את האדם:
when it is threshing [the grain]: One might have thought that it is permissible to muzzle the animal outside [the work area, i.e., before it starts threshing]. Therefore, Scripture says, “You shall not muzzle an ox!”-i.e., at any time [even before the actual threshing] (see B.M. 90b). Why then, is threshing mentioned? To tell you that, just as threshing [has two specific features]: a) It is a thing that does not represent the completion of its process [rendering the product liable for tithing and challah], and b) it [namely, grain] grows from the ground, likewise, any [work] which resembles it [in these two features, is included in this law]. Thus, excluded [from this prohibition] is the labor of milking, cheese-making, or in churning [milk, to produce buttermilk], all of which deal with an item that does not grow from the ground. Also excluded is the labor of kneading [dough], or in rolling out the dough to shape, for these procedures do in fact complete the process, rendering the product liable for challah to be taken. A further exclusion to this prohibition is the labor of separating dates and figs [that is, when spreading out dates and figs on a roof or the like, so that they dry, the fruit may adhere into one mass. Here, the procedure is to separate individual dates or figs from the mass, a procedure] which completes the preparation process, rendering the fruit liable for tithing. — [B.M. 89a]
בדישו: יכול יחסמנו מבחוץ, תלמוד לומר לא תחסום שור מכל מקום, ולמה נאמר דיש, לומר לך מה דיש מיוחד דבר שלא נגמרה מלאכתו וגדולו מן הארץ, אף כל כיוצא בו, יצא החולב והמגבן והמחבץ שאין גדולו מן הארץ, יצא הלש והמקטף שנגמרה מלאכתו לחלה, יצא הבודל בתמרים ובגרוגרות שנגמרה מלאכתן למעשר:
5If brothers reside together, and one of them dies having no son, the dead man's wife shall not marry an outsider. [Rather,] her husband's brother shall be intimate with her, making her a wife for himself, thus performing the obligation of a husband's brother with her. הכִּי־יֵֽשְׁב֨וּ אַחִ֜ים יַחְדָּ֗ו וּמֵ֨ת אַחַ֤ד מֵהֶם֙ וּבֵ֣ן אֵֽין־ל֔וֹ לֹא־תִֽהְיֶ֧ה אֵֽשֶׁת־הַמֵּ֛ת הַח֖וּצָה לְאִ֣ישׁ זָ֑ר יְבָמָהּ֙ יָבֹ֣א עָלֶ֔יהָ וּלְקָחָ֥הּ לֽוֹ־לְאִשָּׁ֖ה וְיִבְּמָֽהּ:
If brothers reside together: [meaning] that they were both alive at the same time, [lit. that they had one dwelling in the world]. It excludes the wife of his brother who was no longer in the world [when he was born]. [This means as follows: If a man dies, and his brother is born after his death, his widow may not marry the brother of her deceased husband.] - [Sifrei 25:155, Yev. 17b]
כי ישבו אחים יחדו: שהיתה להם ישיבה אחת בעולם, פרט לאשת אחיו שלא היה בעולמו:
together: [This law applies only to brothers] who share in the inheritance“together” [namely, paternal brothers]. This excludes maternal brothers. - [Sifrei 25:155, Yev. 17b]
יחדו: המיוחדים בנחלה, פרט לאחיו מן האם:
having no son: Heb. וּבֵן אֵין-לוֹ [Literally,“and he has no son.” Here, the word אֵין can be read also as עַיִן, meaning to“investigate,” because an א is interchangeable with an ע (see Yev. 22b). Thus, the verse also teaches us:] Investigate him [if he has progeny of any sort]-whether he has a son or a daughter, or a son’s son or a son’s daughter, or a daughter’s son or a daughter’s daughter. [And if he has any of these, the law of יִבּוּם does not apply.]
ובן אין לו: עיין עליו בן או בת, או בן הבן, או בת הבן, או בן הבת, או בת הבת:
6And it will be, that the eldest brother [who performs the levirate marriage, if] she [can] bear will succeed in the name of his deceased brother, so that his [the deceased brother's] name shall not be obliterated from Israel. ווְהָיָ֗ה הַבְּכוֹר֙ אֲשֶׁ֣ר תֵּלֵ֔ד יָק֕וּם עַל־שֵׁ֥ם אָחִ֖יו הַמֵּ֑ת וְלֹֽא־יִמָּחֶ֥ה שְׁמ֖וֹ מִיִּשְׂרָאֵֽל:
the eldest brother: Heb. הַבְּכוֹר, [literally“the firstborn.” However, here it means that] the eldest brother [of the deceased] should perform the levirate marriage with the widow. — [Sifrei 25:156, Yev. 24a]
והיה הבכור: גדול האחים הוא מייבם אותה:
she [can] bear: Heb. אֲשֶׁר תֵּלֵד [literally, “who will give birth.”] This excludes a woman incapable of conception. - [Sifrei 25:156, Yev. 24a]
אשר תלד: פרט לאילונית שאינה יולדת:
will succeed in the name of his deceased brother: [literally,“will rise in the name of his brother.”] The one who marries his wife, is to take the share of his deceased brother’s inheritance of their father’s property [in addition to his own share]. - [Yev. 24a]
יקום על שם אחיו: זה שייבם את אשתו יטול נחלת המת בנכסי אביו:
so that his name shall not be obliterated: This excludes [from the obligation of יִבּוּם] the wife of a eunuch whose name [was already] obliterated. - [Yev. 24a]
ולא ימחה שמו: פרט לאשת סריס ששמו מחוי:
7But if the man does not wish to take his brother's wife, the brother's wife shall go up to the gate, to the elders, and say, "My husband's brother has refused to perpetuate his brother's name in Israel he does not wish to perform the obligation of a husband's brother with me." זוְאִם־לֹ֤א יַחְפֹּץ֙ הָאִ֔ישׁ לָקַ֖חַת אֶת־יְבִמְתּ֑וֹ וְעָֽלְתָה֩ יְבִמְתּ֨וֹ הַשַּׁ֜עְרָה אֶל־הַזְּקֵנִ֗ים וְאָֽמְרָה֙ מֵאֵ֨ן יְבָמִ֜י לְהָקִ֨ים לְאָחִ֥יו שֵׁם֙ בְּיִשְׂרָאֵ֔ל לֹ֥א אָבָ֖ה יַבְּמִֽי:
to the gate: [Not to the gate of the city, but,] as the Targum [Onkelos] renders it: to the gate of the court.
השערה: כתרגומו לתרע בית דינא:
8Then the elders of his city shall call him and speak to him, and he shall stand up and say, "I do not wish to take her." חוְקָֽרְאוּ־ל֥וֹ זִקְנֵֽי־עִיר֖וֹ וְדִבְּר֣וּ אֵלָ֑יו וְעָמַ֣ד וְאָמַ֔ר לֹ֥א חָפַ֖צְתִּי לְקַחְתָּֽהּ:
and he shall stand up: [He must make this declaration] in a standing position. - [Sifrei 25:158]
ועמד: בעמידה:
and say: in the Holy Language. She too shall make her statement in the Holy Language. — [Yev. 106b]
ואמר: בלשון הקודש, ואף היא דבריה בלשון הקודש:
9Then his brother's wife shall approach him before the eyes of the elders and remove his shoe from his foot. And she shall spit before his face and answer [him] and say, "Thus shall be done to the man who will not build up his brother's household!" טוְנִגְּשָׁ֨ה יְבִמְתּ֣וֹ אֵלָיו֘ לְעֵינֵ֣י הַזְּקֵנִים֒ וְחָֽלְצָ֤ה נַֽעֲלוֹ֙ מֵעַ֣ל רַגְל֔וֹ וְיָֽרְקָ֖ה בְּפָנָ֑יו וְעָֽנְתָה֙ וְאָ֣מְרָ֔ה כָּ֚כָה יֵֽעָשֶׂ֣ה לָאִ֔ישׁ אֲשֶׁ֥ר לֹֽא־יִבְנֶ֖ה אֶת־בֵּ֥ית אָחִֽיו:
And she shall spit before his face: on the ground, [not in his face]. — [Yev. 106b]
וירקה בפניו: על גבי קרקע:
[Thus shall be done to the man] who will not build up [his brother’s household]: From here, [we learn] that one who has undergone the rite of chalitzah [described in these verses], cannot change his mind and marry her, for it does not say,“[Thus will be done to that man] who did not build up [his brother’s household],” but,“who will not build up [his brother’s household].” Since he did not build it up [when he was obliged to do so], he will never again build it up. — [Yev. 10b]
אשר לא יבנה: מכאן למי שחלץ שלא יחזור וייבם, דלא כתיב אשר לא בנה, אלא אשר לא יבנה, כיון שלא בנה שוב לא יבנה:
10And that family shall be called in Israel, "The family of the one whose shoe was removed." יוְנִקְרָ֥א שְׁמ֖וֹ בְּיִשְׂרָאֵ֑ל בֵּ֖ית חֲל֥וּץ הַנָּֽעַל:
And his name shall be called [in Israel]: It is the duty of all those standing there to proclaim: חֲלוּץ הַנָּעַל - “you, who have had your shoe removed!” - [Yev. 106b]
ונקרא שמו וגו': מצוה על כל העומדים שם לומר חלוץ הנעל:
11If [two] men, a man and his brother, are fighting together, and the wife of one of them approaches to rescue her husband from his assailant, and she stretches forth her hand and grabs hold of his private parts יאכִּֽי־יִנָּצ֨וּ אֲנָשִׁ֤ים יַחְדָּו֙ אִ֣ישׁ וְאָחִ֔יו וְקָֽרְבָה֙ אֵ֣שֶׁת הָֽאֶחָ֔ד לְהַצִּ֥יל אֶת־אִישָׁ֖הּ מִיַּ֣ד מַכֵּ֑הוּ וְשָֽׁלְחָ֣ה יָדָ֔הּ וְהֶֽחֱזִ֖יקָה בִּמְבֻשָֽׁיו:
If… men… are fighting together: they will eventually come to blows, as it is said:“[to rescue her husband] from his assailant.” [The moral here is:] Peace cannot result from strife. — [Sifrei 25:160]
כי ינצו אנשים: סופן לבא ליד מכות, כמו שנאמר מיד מכהו. אין שלום יוצא מתוך ידי מריבה:
12you shall cut off her hand You shall not have pity. יבוְקַצֹּתָ֖ה אֶת־כַּפָּ֑הּ לֹ֥א תָח֖וֹס עֵינֶֽךָ:
You shall cut off her hand: [This verse is not to be understood literally, but rather, it means:] She must pay monetary damages to recompense the victim for the embarrassment he suffered [through her action. The amount she must pay is calculated by the court,] all according to the [social status] of the culprit and the victim (see B.K. 83b). But perhaps [it means that we must actually cut off] her very hand? [The answer is born out from a transmission handed down to our Rabbis, as follows:] Here, it says לֹא תָחוֹס,“do not have pity,” and later, in the case of conspiring witnesses (Deut. 19:21), the same expression, לֹא תָחוֹס, is used. [And our Rabbis taught that these verses have a contextual connection:] Just as there, in the case of the conspiring witnesses, [the literal expressions in the verse refer to] monetary compensation (see Rashi on that verse), so too, here, [the expression “You must cut off her hand” refers to] monetary compensation. — [Sifrei 25:161]
וקצותה את כפה: ממון דמי בשתו. הכל לפי המבייש והמתבייש. או אינו אלא ידה ממש, נאמר כאן לא תחוס, ונאמר להלן בעדים זוממין (לעיל יט יג) לא תחוס, מה להלן ממון, אף כאן ממון:
13You shall not keep in your pouch two different weights, one large and one small. יגלֹא־יִֽהְיֶ֥ה לְךָ֛ בְּכִֽיסְךָ֖ אֶ֣בֶן וָאָ֑בֶן גְּדוֹלָ֖ה וּקְטַנָּֽה:
two different weights: [This term is not to be understood literally as “stones,” but rather, it refers to specific stones, namely:] weights [used to weigh merchandise in business].
אבן ואבן: משקלות:
one large and one small: [literally, “big and small.” This means:] the big stone“contradicts” [i.e., is inconsistent with] the small one. [That is to say, you must not have two weights which appear to be the same, but in fact, are unequal, allowing you] to purchase goods with the larger weight [thereby cheating the seller], and to sell with the smaller one [thereby cheating the buyer]. — [Sifrei 25:162]
גדולה וקטנה: גדולה שמכחשת את הקטנה, שלא יהא נוטל בגדולה ומחזיר בקטנה:
14You shall not keep in your house two different ephah measures, one large and one small. ידלֹא־יִֽהְיֶ֥ה לְךָ֛ בְּבֵֽיתְךָ֖ אֵיפָ֣ה וְאֵיפָ֑ה גְּדוֹלָ֖ה וּקְטַנָּֽה:
You shall not keep: Heb. לֹא-יִהְיֶה לְךָ, literally, “You will not have.” That is, the verse literally reads: “If you keep… two different weights, you will not have.” This teaches us that] if you do this, you will not have anything! - [Sifrei 25:162] [However,]
לא יהיה לך: אם עשית כן לא יהיה לך כלום:
15[Rather,] you shall have a full and honest weight, [and] a full and honest ephah measure, in order that your days will be prolonged on the land which the Lord, your God, gives you. טואֶ֣בֶן שְׁלֵמָ֤ה וָצֶ֨דֶק֙ יִֽהְיֶה־לָּ֔ךְ אֵיפָ֧ה שְׁלֵמָ֛ה וָצֶ֖דֶק יִֽהְיֶה־לָּ֑ךְ לְמַ֨עַן֙ יַֽאֲרִ֣יכוּ יָמֶ֔יךָ עַ֚ל הָֽאֲדָמָ֔ה אֲשֶׁר־יְהֹוָ֥ה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ:
you shall have a full and honest weight: [Literally, “If you keep a full and honest weight, you will have.” That is to say,] if you do this, you will have much. — [Sifrei 25:162]
אבן שלמה וצדק יהיה לך: אם עשית כן יהיה לך הרבה:
16For whoever does these things, whoever perpetrates such injustice, is an abomination to the Lord, your God. טזכִּ֧י תֽוֹעֲבַ֛ת יְהֹוָ֥ה אֱלֹהֶ֖יךָ כָּל־עֹ֣שֵׂה אֵ֑לֶּה כֹּ֖ל עֹ֥שֵׂה עָֽוֶל:
17You shall remember what Amalek did to you on the way, when you went out of Egypt, יזזָכ֕וֹר אֵ֛ת אֲשֶׁר־עָשָׂ֥ה לְךָ֖ עֲמָלֵ֑ק בַּדֶּ֖רֶךְ בְּצֵֽאתְכֶ֥ם מִמִּצְרָֽיִם:
You shall remember what [Amalek] did to you: [The juxtaposition of these passages teaches us that] if you use fraudulent measures and weights, you should be worried about provocation from the enemy, as it is said: “Deceitful scales are an abomination of the Lord” (Prov. 11:1), after which the [next] verse continues,“When willful wickedness comes, then comes disgrace.” [That is, after you intentionally sin by using deceitful scales, the enemy will come to provoke you into war, and this will be a disgraceful matter to you]. — [Tanchuma 8]
זכור את אשר עשה לך: אם שקרת במדות ובמשקלות הוי דואג מגרוי האויב, שנאמר (משלי יא א) מאזני מרמה תועבת ה', וכתיב בתריה בא זדון ויבא קלון:
18how he happened upon you on the way and cut off all the stragglers at your rear, when you were faint and weary, and he did not fear God. יחאֲשֶׁ֨ר קָֽרְךָ֜ בַּדֶּ֗רֶךְ וַיְזַנֵּ֤ב בְּךָ֙ כָּל־הַנֶּֽחֱשָׁלִ֣ים אַֽחֲרֶ֔יךָ וְאַתָּ֖ה עָיֵ֣ף וְיָגֵ֑עַ וְלֹ֥א יָרֵ֖א אֱלֹהִֽים:
how he happened upon you on the way: Heb. קָרְךָ, an expression denoting a chance occurrence (מִקְרֶה). - [Sifrei 25:167] Alternatively, an expression denoting seminal emission (קֶרִי) and defilement, because Amalek defiled the Jews by [committing] homosexual acts [with them]. — [Tanchuma 9] Yet another explanation: an expression denoting heat and cold (קוֹר). He cooled you off and made you [appear] tepid, after you were boiling hot, for the nations were afraid to fight with you, [just as people are afraid to touch something boiling hot]. But this one, [i.e., Amalek] came forward and started and showed the way to others. This can be compared to a bathtub of boiling water into which no living creature could descend. Along came an irresponsible man and jumped headlong into it! Although he scalded himself, he [succeeded to] make others think that it was cooler [than it really was]. — [Tanchuma 9]
אשר קרך בדרך: לשון מקרה. דבר אחר לשון קרי וטומאה, שהיה מטמאן במשכב זכור. דבר אחר לשון קור וחום, צננך והפשירך מרתיחתך, שהיו כל האומות יראים להלחם בכם ובא זה והתחיל והראה מקום לאחרים. משל לאמבטי רותחת שאין כל בריה יכולה לירד בתוכה, בא בן בליעל אחד קפץ וירד לתוכה. אף על פי שנכוה, הקרה אותה בפני אחרים:
and cut off: [The word וַיְזַנֵּב is derived from the word זָנָב, meaning “tail.” Thus, the verse means: Amalek] “cut off the tail.” This refers to the fact that Amalek cut off the members [of the male Jews,] where they had been circumcised, and cast them up [provocatively] towards Heaven [exclaiming to God: “You see! What good has Your commandment of circumcision done for them?”]- [Tanchuma 9]
ויזנב בך: מכת זנב, חותך מילות וזורק כלפי מעלה:
all the stragglers at your rear: Those who lacked strength on account of their transgression. [And because these Jews had sinned,] the cloud [of glory] had expelled them [thereby leaving them vulnerable to Amalek’s further attack]. - [Tanchuma 10]
כל הנחשלים אחריך: חסרי כח מחמת חטאם, שהיה הענן פולטן:
you were faint and weary: faint from thirst, as it is written, “The people thirsted there for water” (Exod. 17:3), and [immediately] afterwards it says,“Amalek came [and fought with Israel]” (verse 17:8). - [Tanchuma 10]
ואתה עיף ויגע: עיף בצמא, דכתיב (שמות יז ג) ויצמא שם העם למים, וכתיב אחריו ויבא עמלק:
and weary: from the journey. - [Tanchuma 10]
ויגע: בדרך:
He did not fear [God]: i.e., Amalek did not fear God [so as to refrain] from doing you harm. — [Sifrei 25:167]
ולא ירא: עמלק, אלהים, מלהרע לך:
19[Therefore,] it will be, when the Lord your God grants you respite from all your enemies around [you] in the land which the Lord, your God, gives to you as an inheritance to possess, that you shall obliterate the remembrance of Amalek from beneath the heavens. You shall not forget! יטוְהָיָ֡ה בְּהָנִ֣יחַ יְהֹוָ֣ה אֱלֹהֶ֣יךָ | לְ֠ךָ֠ מִכָּל־אֹ֨יְבֶ֜יךָ מִסָּבִ֗יב בָּאָ֨רֶץ֙ אֲשֶׁ֣ר יְהֹוָה־אֱלֹהֶ֠יךָ נֹתֵ֨ן לְךָ֤ נַֽחֲלָה֙ לְרִשְׁתָּ֔הּ תִּמְחֶה֙ אֶת־זֵ֣כֶר * (זֶ֣כֶר) עֲמָלֵ֔ק מִתַּ֖חַת הַשָּׁמָ֑יִם לֹ֖א תִּשְׁכָּֽח:
you shall obliterate the remembrance of Amalek: Both man and woman, infant and suckling, ox and sheep [camel and donkey] (God’s command to King Saul: see I Sam. 15:3), so that the name of Amalek should never again be mentioned (נִזְכָּר), from the word (זֵכֶר) , even regarding an animal, to say:“This animal was from Amalek.” - [Midrash Lekach Tov]
תמחה את זכר עמלק: מאיש ועד אשה מעולל ועד יונק משור ועד שה (שמואל א' טו ג). שלא יהא שם עמלק נזכר אפילו על הבהמה, לומר בהמה זו משל עמלק היתה:
Tehillim: Psalms Chapters 60 - 65
• Hebrew text
• English text
Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
See below for today's additional chapters.
Chapter 60
This psalm tells of when Joab, David's general, came to Aram Naharayim for war and was asked by the people: "Are you not from the children of Jacob? What of the pact he made with Laban?" Not knowing what to answer, Joab asked the Sanhedrin. The psalm includes David's prayer for success in this war.
1. For the Conductor, on the shushan eidut. A michtam by David, to instruct,
2. when he battled with Aram Naharayim and Aram Tzovah, and Joab returned and smote Edom in the Valley of Salt, twelve thousand [men].
3. O God, You forsook us, You have breached us! You grew furious-restore us!
4. You made the earth quake, You split it apart-heal its fragments, for it totters!
5. You showed Your nation harshness, You gave us benumbing wine to drink.
6. [Now] give those who fear You a banner to raise themselves, for the sake of truth, Selah.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God said with His Holy [Spirit] that I would exult; I would divide Shechem, and measure out the Valley of Succot.
9. Mine is Gilead, mine is Menasseh, and Ephraim is the stronghold of my head; Judah is my prince.
10. Moab is my washbasin, and upon Edom I will cast my shoe; for me, Philistia will sound a blast [of coronation].
11. Who will bring me into the fortified city? Who will lead me unto Edom?
12. Is it not You, God, Who has [until now] forsaken us, and did not go forth with our legions?
13. Grant us relief from the oppressor; futile is the salvation of man.
14. With God we will do valiantly, and He will trample our oppressors.
Chapter 61
David composed this prayer while fleeing from Saul. The object of all his thoughts and his entreaty is that God grant him long life-not for the sake of pursuing the pleasures of the world, but rather to serve God in awe, all of his days.
1. For the Conductor, on the neginat, by David.
2. Hear my cry, O God, listen to my prayer.
3. From the end of the earth I call to You, when my heart is faint [with trouble]: Lead me upon the rock that surpasses me!
4. For You have been a refuge for me, a tower of strength in the face of the enemy.
5. I will dwell in Your tent forever; I will take refuge in the shelter of Your wings, Selah.
6. For You, God, heard my vows; You granted the inheritance of those who fear Your Name.
7. Add days to the days of the king; may his years equal those of every generation.
8. May he sit always before God; appoint kindness and truth to preserve him.
9. Thus will I sing the praise of Your Name forever, as I fulfill my vows each day.
Chapter 62
David prays for the downfall of his enemies. He also exhorts his generation that their faith should not rest in riches, telling them that the accumulation of wealth is utter futility.
1. For the Conductor, on the yedutun,1 a psalm by David.
2. To God alone does my soul hope; my salvation is from Him.
3. He alone is my rock and salvation, my stronghold; I shall not falter greatly.
4. Until when will you plot disaster for man? May you all be killed-like a leaning wall, a toppled fence.
5. Out of their arrogance alone they scheme to topple me, they favor falsehood; with their mouths they bless, and in their hearts they curse, Selah.
6. To God alone does my soul hope, for my hope is from Him.
7. He alone is my rock and salvation, my stronghold; I shall not falter.
8. My salvation and honor is upon God; the rock of my strength-my refuge is in God.
9. Trust in Him at all times, O nation, pour out your hearts before Him; God is a refuge for us forever.
10. Men are but vanity; people [but] transients. Were they to be raised upon the scale, they would be lighter than vanity.
11. Put not your trust in exploitation, nor place futile hope in robbery. If [corrupt] wealth flourishes, pay it no heed.
12. God spoke one thing, from which I perceived two: That strength belongs to God;
13. and that Yours, my Lord, is kindness. For You repay each man according to his deeds.
FOOTNOTES
1.A musical instrument (Metzudot).
Chapter 63
Hiding from Saul, and yearning to approach the place of the Holy Ark like one thirsting for water, David composed this prayer on his behalf and against his enemy.
1. A psalm by David, when he was in the Judean desert.
2. O God, You are my Almighty, I seek You! My soul thirsts for You, my flesh longs for You; [like one] in a desolate and dry land, without water,
3. so [I thirst] to see You in the Sanctuary, to behold Your might and glory.
4. For Your kindness is better than life; my lips shall praise You.
5. Thus will I bless you all my life, in Your Name I will raise my hands [in prayer].
6. As with fat and abundance my soul is sated, when my mouth offers praise with expressions of joy.
7. Indeed, I remember You upon my bed; during the watches of the night I meditate upon You.
8. For You were a help for me; I sing in the shadow of Your wings.
9. My soul cleaved to You; Your right hand supported me.
10. But they seek desolation for my soul; they will enter the depths of the earth.
11. They will drag them by the sword; they will be the portion of foxes.
12. And the king will rejoice in God, and all who swear by Him will take pride, when the mouths of liars are blocked up.
Chapter 64
The masters of homiletics interpret this psalm as alluding to Daniel, who was thrown into the lion's den. With divine inspiration, David foresaw the event and prayed for him. Daniel was a descendant of David, as can be inferred from God's statement to Hezekiah (himself of Davidic lineage), "And from your children, who will issue forth from you, they will take, and they (referring to, amongst others, Daniel) will be ministers in the palace of the king of Babylon."
1. For the Conductor, a psalm by David.
2. Hear my voice, O God, as I recount [my woes]; preserve my life from the terror of the enemy.
3. Shelter me from the schemes of the wicked, from the conspiracy of evildoers,
4. who have sharpened their tongue like the sword, aimed their arrow-a bitter word-
5. to shoot at the innocent from hidden places; suddenly they shoot at him, they are not afraid.
6. They encourage themselves in an evil thing, they speak of laying traps; they say: "Who will see them?”
7. They sought pretexts; [and when] they completed a diligent search, each man [kept the plot] inside, deep in the heart.
8. But God shot at them; [like] a sudden arrow were their blows.
9. Their own tongues caused them to stumble; all who see them shake their heads [derisively].
10. Then all men feared, and recounted the work of God; they perceived His deed.
11. Let the righteous one rejoice in the Lord and take refuge in Him, and let them take pride-all upright of heart.
Chapter 65
This psalm contains awe-inspiring and glorious praises to God, as well as entreaties and prayers concerning our sins. It declares it impossible to recount God's greatness, for who can recount His mighty acts? Hence, silence is His praise.
1. For the Conductor, a psalm by David, a song.
2. Silence is praise for You, O God [Who dwells in] Zion; and to You vows will be paid.
3. O Heeder of prayer, to You does all flesh come.
4. Matters of sin overwhelm me; You will pardon our transgressions.
5. Fortunate is [the nation] whom You choose and draw near, to dwell in Your courtyards; may we be sated with the goodness of Your House, with the holiness of Your Sanctuary.
6. Answer us with awesome deeds as befits Your righteousness, O God of our salvation, the security of all [who inhabit] the ends of the earth and distant seas.
7. With His strength He prepares [rain for] the mountains; He is girded with might.
8. He quiets the roar of the seas, the roar of their waves and the tumult of nations.
9. Those who inhabit the ends [of the earth] fear [You] because of Your signs; the emergences of morning and evening cause [man] to sing praise.
10. You remember the earth and water it, you enrich it abundantly [from] God's stream filled with water. You prepare their grain, for so do You prepare it.
11. You saturate its furrows, gratifying its legions; with showers You soften it and bless its growth.
12. You crown the year of Your goodness [with rain], and Your clouds drip abundance.
13. They drip on pastures of wilderness, and the hills gird themselves with joy.
14. The meadows don sheep, and the valleys cloak themselves with grain; they sound blasts, indeed they sing.
Additional Three Chapters
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Today's Chapters are 31, 32 and 33.
Chapter 31
Composed by a destitute and oppressed David, running from Saul while placing his trust in God, this psalm instructs man to put his trust in God alone.
1. For the Conductor, a psalm by David.
2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.
3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.
4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.
5. Remove me from the net they planted for me, for You are my stronghold.
6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.
7. I despise those who anticipate worthless vanities; but I trust in the Lord.
8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.
9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.
10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.
11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.
12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.
13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.
14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.
15. But I trusted in You, O Lord; I said, "You are my God.”
16. My times are in Your hand; save me from the hands of my enemies and pursuers.
17. Shine Your countenance upon Your servant; deliver me in Your kindness.
18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.
19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.
20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.
21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.
22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.
23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.
24. Love the Lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.
25. Be strong and fortify your hearts, all who put their hope in the Lord!
Chapter 32
This psalm speaks of forgiveness of sin, and of the good fortune of one who repents and confesses to God wholeheartedly.
1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.
2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.
3. When I was silent, my limbs wore away through my wailing all day long.
4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.
5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.
6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.
7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.
8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.
9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.
10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.
11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart!
Chapter 33
This psalm teaches the righteous and upright to praise God. For the more one knows of the Torah's wisdom, the more should he praise God, for he knows and understands His greatness.
1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.
2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.
3. Sing to Him a new song; play well with sounds of jubilation.
4. For the word of the Lord is just; all His deeds are done in faithfulness.
5. He loves righteousness and justice; the kindness of the Lord fills the earth.
6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.
7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.
8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.
9. For He spoke, and it came to be; He commanded, and it endured.
10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.
11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.
12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.
13. The Lord looks down from heaven; He beholds all mankind.
14. From His dwelling-place He looks intently upon all the inhabitants of the earth.
15. It is He Who fashions the hearts of them all, Who perceives all their actions.
16. The king is not saved by a great army, nor a warrior rescued by great might.
17. The horse is a false guarantee for victory; with all its great strength it offers no escape.
18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,
19. to save their soul from death and to sustain them during famine.
20. Our soul yearns for the Lord; He is our help and our shield.
21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.
22. May Your kindness, Lord, be upon us, as we have placed our hope in You.
Tanya: Iggeret HaKodesh, end of Epistle 12
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Shabbat, Elul 11, 5777 · September 2, 2017
Today's Tanya Lesson
Iggeret HaKodesh, end of Epistle 12
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וזהו שכתוב: והיה מעשה הצדקה
This, then, is the meaning of the verse, “And the act of charity shall be [peace]” —
שגם הצדקה הנקראת בשם מעשה, ולא בשם עבודה
that even with the kind of charity which is called an “act” and not “service”,
אף על פי כן באתערותא דלתתא, אתערותא דלעילא
[this] arousal from below will nevertheless elicit an arousal from above.
מעורר גילוי אור אין סוף ברוך הוא בהארה רבה והשפעה עצומה
One arouses a manifestation of the [infinite] Ein Sof-light with a great illumination and an intense diffusion,
ונעשה שלום במרומיו
and peace is brought about “in [G‑d’s] high places,” between Michael and Gabriel, Chesed andGevurah,
וגם בפמליא של מטה
and also within the terrestial retinue — the lower worlds.
רק שבעולם הזה השפל לא יתגלה השלום, והבירור ופירוד הרע מהטוב
In this lowly world, however, there will be no manifestation of [this] peace, and of the refinement and separation of the evil from the good,
עד עת קץ
until the ultimate time, when evil will cease to exist,
ולא בזמן הגלות
but not during the time of the exile, as explained above,
רק בעולם קטן, הוא האדם
except in the microcosm, i.e., in man,
בכל עת מצוא, זו תפלה
at every “time of finding,” meaning prayer,
כמו שכתוב: בצדק אחזה פניך, כנ״ל
as it is written, “Through tzedek will I behold Your countenance,” as discussed above.
אך אחר התפלה, יוכל להיות הרע חוזר וניעור בקל, ולהתערב בטוב
Even so, after prayer it is possible that the evil will easily reawaken and become intermingled with the good
כאשר יתהלך בחשכת עולם הזה
as one walks about in the darkness of this world.
אך הצדקה בבחינת עבודה
However, as to the charity [which is practiced with self-imposed toil] at the level of avodah(“service”),
הנה כאשר יקרה וגדלה מעלתה במאד מאד
since it is exceedingly precious and lofty, far more so than the tzedakah one practices out of one’s natural inclination,
בהיותו מבטל טבעו ורצונו הגופני מפני רצון העליון ברוך הוא
because [in the former case] one overrules his nature and bodily will out of deference to the Supreme Will,
ואתכפיא סטרא אחרא
and “the sitra achra is subjugated,”
ואזי אסתלק יקרא דקודשא בריך הוא כו׳
and then “the glory of the Holy One, blessed be He, rises [and becomes manifest in all the worlds],”1
וכיתרון האור מן החשך דוקא, כנודע
“like the superiority of light over (lit., ‘out of’) darkness,”2 as is known, —
The excellence of light is most appreciated when darkness itself is transformed into light.
אי לזאת, אין הרע יכול להיות עוד חוזר וניעור בקלות כל כך מאליו
in such a case, by virtue of the exertion involved in this superior form of tzedakah, the evil can no longer reawaken so easily of itself,
רק אם האדם יעוררנו וימשיכנו על עצמו, חס ושלום
unless, heaven forfend, one rouses it and draws it upon himself.
וזהו שכתוב: השקט ובטח עד עולם
This, then, is the meaning of “quietness and surety forever” — that the reward for the service of charity is eternal quietness and surety.
השקט הוא מלשון: שוקט על שמריו, דהיינו שהשמרים נפרדים לגמרי מן היין, ונופלין למטה לגמרי
Hashket (“quietness”) is related to [the root of the verb in] the phrase,3 “he rests (shoket) on his dregs,” meaning that the dregs are completely separated from the wine and sink all the way down,
והיין למעלה זך וצלול בתכלית
while the wine above is wholly pure and clear.
ועל דרך זה הוא בעבודת הצדקה
Similarly with the service of charity:
השמרים הן בחינת תערובת רע שבנפשו
the dregs represent the admixture of evil in one’s soul,
נברר ונפרד מעט מעט
which is gradually extricated and separated
עד שנופל למטה למקורו ושרשו
until it falls netherwards to its root and source — below all the worlds,
וכמו שכתוב: ותשליך במצולות ים כל חטאתם
| FOOTNOTES | |
| 1. | Zohar II, 128b. |
| 2. | Kohelet 2:13. |
| 3. | Yirmeyahu 48:11. |
| 4. | Michah 7:19. |
| 5. | Note of the Rebbe: “In Or HaTorah of the Tzemach Tzedek on this verse (Michah 7:19), the author refers the reader to the Shelah on Parshat Vayishlach (p. 295b). That reference is instructive here too.” |
• Sefer Hamitzvot:
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Shabbat. Elul 11, 5777 · September 2, 2017
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
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Positive Commandment 226
Execution by Beheading
"[The sin] shall surely be avenged"—Exodus 21:20.
Transgressors of certain sins are to be executed via decapitation.
Full text of this Mitzvah »
Execution by Beheading
Positive Commandment 226
Translated by Berel Bell
The 226th mitzvah is that we are commanded to execute by the sword1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), [the death] "must be avenged."
In our list of the prohibitions we will point out which mitzvos are punishable by decapitation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.This was beheading, as written below. See Hilchos Sanhedrin 15:4.
2.Ex. 21:20. This verse refers to a man who murders his servant, which is a capital offense. The special term used to describe his execution ("avenge") refers to beheading.
Positive Commandment 227
Execution by Strangulation
"He shall be put to death"—Exodus 21:16.
Transgressors of certain sins are to be executed via strangulation.
Full text of this Mitzvah »
Execution by Strangulation
Positive Commandment 227
Translated by Berel Bell
The 227th mitzvah is that we are commanded to execute by strangulation1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), "He shall be put to death."3
In our list of the prohibitions we will point out which mitzvos are punishable by strangulation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.The person's neck was wrapped with a stiff cloth, which was pulled from both ends until he expired. See Hilchos Sanhedrin 15:5.
2.Ex. 21:15.
3.The Oral Tradition indicates that when the Torah mentions execution, it means chenek unless indicated otherwise. See Hilchos Sanhedrin 14:1.
Positive Commandment 230
Hanging
"And you shall hang him on a wood[en pole]"—Deuteronomy 21:22.
We are commanded to hang the corpses of certain criminals executed by the courts. (See Negative Commandment 66.)
Full text of this Mitzvah »
Hanging
Positive Commandment 230
Translated by Berel Bell
The 230th mitzvah is that we are commanded to hang certain individuals who have been executed by the High Court.1
The source of this commandment is G‑d's statement2 (exalted be He), "You must hang him on a gallows."
In our list of the prohibitions we will point out for which mitzvos the transgressor is hung.3
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.4
FOOTNOTES
1.I.e. after they have been executed, they are hung publicly. The person is hung up just before sunset and taken down immediately thereafter. See Hilchos Sanhedrin 15:6-7.
2.Deut. 21:22.
3.I.e. Cursing G‑d and worshipping idols. See Hilchos Sanhedrin 15:6.
4.46a.
Positive Commandment 231
Burying the Dead
"You shall surely bury him on the same day"—Deuteronomy 21:23.
We are commanded to bury those executed by the courts on the same day of their execution.
The same applies to all dead—every Jewish deceased must be buried on the day of the passing. (This is why a person who died with no one to care for his interment is called a "met mitzvah" (a "mitzvah corpse"), because it is a mitzvah on everyone to ensure that he is buried.)
Full text of this Mitzvah »
Burying the Dead
Positive Commandment 231
Translated by Berel Bell
The 231st mitzvah is that we are commanded to bury those who have been executed by the High Court on the same day of their execution.
The source of this commandment is G‑d's statement1 (exalted be He), "[You may not allow his body to remain on the gallows overnight,] you must certainly bury him on the same day."
The Sifri2 says, "The phrase, 'You must certainly bury him' is a positive commandment."
This law applies to all deceased; every Jew should be buried on the day in which he passes away. This is the reason why a person who has nobody to arrange his burial is called a "meis mitzvah." This means that he is a meis (dead person) for which the mitzvah is on every individual to bury. [The mitzvah referred to is] G‑d's statement (exalted be He), "You must certainly bury him [on the same day]."
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.3
FOOTNOTES
1.Deut. 21:23.
2.Ibid.
3.46a.
Negative Commandment 66
Leaving a Corpse Hanging Overnight
"His body shall not remain all night upon the tree"—Deuteronomy 21:23.
It is forbidden to leave a corpse that was hung by the courts hanging overnight.
This because only two offenses are punishable by hanging [post execution]: idolatry and blaspheme. As such, someone seeing the hanging corpse might contemplate the reason why the individual was hanged, and will come to blaspheme G‑d in his thoughts.
[This prohibition also includes leaving any Jewish corpse unburied overnight, unless the delay in the internment is in honor of the deceased; e.g., to allow time for relatives to arrive for the funeral.]
Full text of this Mitzvah »
Negative Commandment 66 Translated by Berel Bell The 66th prohibition is that we are forbidden from leaving a person hung on a tree [after being executed by the High Court1] overnight. This is to prevent a person who would see him from repeating in his thought a curse against G‑d, since the only ones who are hanged are those who cursed G‑d or who worshipped idols. The verse also terms the latter as having "cursed G‑d."2 The source of this prohibition is G‑d's statement,3 "You may not allow his body to remain on the gallows overnight." The Sifri4 says, "The phrase, 'You may not allow his body to remain on the gallows overnight,' is a prohibition. The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.5 FOOTNOTES 1.See P231 above. 2.Num. 15:30. Therefore one who sees an idol worshipper hanging will think about what curse he said, and thereby repeat the "curse" in his thought. 3.Deut. 21:23. 4.Ibid. 5.45b. Rambam - • 1 Chapter A Day: Avel Avel - Chapter 2 English Text | Hebrew Text Audio: Listen | Download | Video Class |
1
These are the relatives for whom a person is obligated to mourn according to Scriptural Law: His mother, his father, his son, his daughter, his paternal brother and paternal sister. According to Rabbinic Law, a man should also mourn for his wife if she dies while they are married. And a woman should mourn for her husband. Similarly, a person should mourn for a maternal brother and sister.
א
אלו שאדם חייב להתאבל עליהן דין תורה אמו ואביו בנו ובתו ואחיו ואחותו מאביו ומדבריהם שיתאבל האיש על אשתו הנשואה וכן האשה על בעלה ומתאבל על אחיו ועל אחותו שהן מאמו:
2
Even a priest who does not become impure for his maternal brother and sister or for his paternal sister who is married, mourns for them. For his married paternal sister who is married, he is required to mourn by Scriptural Law.
ב
אפילו הכהן שאינו מתטמא לאחיו ואחותו מאמו ולאחותו הנשואה אע"פ שהיא מאביו מתאבל הוא עליהן ואם היתה אחותו זו הנשואה מאביו הרי הוא מתאבל עליה דין תורה:
3
A person who has a son or a brother born by a maid-servant or a gentile woman should not mourn for them at all. Similarly, when a person and his sons convert or a person and his mother are freed from slavery, they do not mourn for each other.
Similarly, a person does not observe either the rites of aninut or the mourning rites for a wife whom he has consecrated, but not married. Similarly, she does not observe either of these rites for him.
ג
בנו או אחיו הבא מן השפחה ומן הנכרית אינו מתאבל עליהן כלל וכן מי שנתגייר הוא ובניו או נשתחרר הוא ואמו אין מתאבלין זה על זה וכן אשתו ארוסה אינו מתאבל עליה ולא אונן וכן היא לא אוננת ולא מתאבלת עליו:
4
Whenever a person is obligated to mourn for a relative, he also mourns with that relative in his presence according to Rabbinical Law.
What is implied? If a person's grandson, his son's maternal brother, or son's mother dies, he is obligated to rend his garments in the presence of his son and follow the mourning rites while in his presence. Outside his presence, he is not obligated. Similar laws apply with regard to other relatives.
ד
כל קרובים שהוא חייב להתאבל עליהן הרי זה מתאבל עמהם בפניהם מדברי סופרים כיצד הרי שמת בן בנו או אחי בנו או אם בנו חייב לקרוע בפני בנו ולנהוג אבילות בפניו אבל שלא בפניו אינו חייב וכן בשאר הקרובים:
5
With regard to a wife with whom one is married: Although one must mourn for her, he does not mourn together with her for her other relatives with the exception of her father and her mother. He observes the rites of mourning for them in her presence.
When a man's father-in-law or mother-in-law dies, he overturns his bed and observes the mourning rites together with his wife within her presence, but not outside her presence. Similarly, when a woman's father-in-law or mother-in-law dies, she observes the rites of mourning in her husband's presence. With regard to other relatives, by contrast, e.g., the brother of one's wife or her son dies or when the brother of one's husband or his son dies, they do not observe the mourning rites in respect for each other.
Similarly, it appears to me that if the wife of a person's relative dies or the husband of one of his relatives, e.g., the wife of one's son or the husband of one's daughter, one need not observe mourning rites for them. Similar concepts apply in all analogous situations.
ה
אשתו הנשואה אף על פי שהוא מתאבל עליה אינו מתאבל עמה על שאר קרובים אלא על אביה ועל אמה משום כבוד אשתו נוהג אבלות עליהן בפניה כיצד מי שמת חמיו או חמותו כופה מטתו ונוהג אבילות עם אשתו בפניה אבל לא שלא בפניה וכן האשה שמת חמיה או חמותה נוהגת אבלות בפניו אבל שאר קרובים כגון שמת אחי אשתו או בנה והאשה שמת אחי בעלה או בנו אין מתאבלין זה על זה וכן יראה לי שאם מתה אשת קרובו או בעל קרובתו כגון שמתה אשת בנו או בעל בתו אינו חייב להתאבל עליהן וכן כל כיוצא בזה:
6
See how severe the mitzvah of mourning is! For the prohibition against ritual impurity is superseded so that a priest can tend to his relatives' burial and mourn for them, as Leviticus 21:2-3 states: "Except to one's flesh, to whom he is close, to his mother... to her shall he become impure." This is a positive commandment; if he does not desire to become impure, we force him to become impure against his will.
To whom does the above apply? To males who are commanded against contracting ritual impurity. Different rules apply to female members of the priestly family. Since they are not commanded against contracting ritual impurity, they are also not commanded to become impure when tending to their relatives' burial. If they desire, they may become impure and if not, they do not become impure.
ו
כמה חמורה מצות אבלות שהרי נדחת לו הטומאה מפני קרוביו כדי שיתעסק עמהן ויתאבל עליהן שנאמר כי אם לשארו הקרוב אליו לאמו וגו' לה יטמא מצות עשה שאם לא רצה להטמא מטמאין אותו על כרחו בד"א בזכרים שהוזהרו על הטומאה אבל הכהנות הואיל ואינן מוזהרות על הטומאה כן אינן מצוות להתטמא לקרובים אלא אם רצו מתטמאות ואם לאו לא מטמאות:
7
A priest is forced to contact ritual impurity to tend to his deceased wife. This obligation is Rabbinic in origin. Our Sages had her considered as an unattended corpse. Since she has no other heir aside from him, there will be no one else to tend to her. He becomes impure only for a wife he has married. If he has merely consecrated her, he does not become impure for her.
ז
אשתו של כהן מתטמא לה על כרחו ואינו מטמא לה אלא מדברי סופרים עשאוה כמת מצוה כיון שאין לה יורש אלא הוא לא תמצא מי שיתעסק בה ואינו מטמא אלא לנשואה בלבד אבל הארוסה אינו מטמא לה:
8
Similarly, a priest does not become impure for any of those individuals for whom we do not mourn as stated above: e.g., those executed by the court, those who deviate from the ways of the community, stillborn infants, and those who commit suicide.
Until when does the mitzvah to become impure apply? Until the grave is covered. Once the grave is covered, however, the graves of one's close relatives are like those of any other corpse. If a priest becomes impure for their sake, he should be punished by lashes.
ח
וכן כל אותן שאמרו שאין מתאבלין עליהן כגון הרוגי בית דין ושפרשו מדרכי צבור והנפלים והמאבד עצמו לדעת אין הכהן מטמא להן ועד מתי מצווה להתטמא לקרוביו עד שיסתם הגולל אבל מאחר שנסתם הגולל הרי הן כשאר כל המתים שאם נטמא בהן לוקה:
9
A priest should not become impure for the sake of a wife whom he is forbidden to marry. Therefore if a woman heard a report that her husband died and hence remarried, and then her first husband came, neither husband should become impure for her sake, for she is forbidden to remain married to either of them.
A priest may, however, become impure for the sake of his mother, even though she is a challalah and he may become impure for the sake of his son, his daughter, his brother and his sister even though they are of tarnished lineage. Even if they are illegitimate, he should become impure for their sake.
ט
אשתו הפסולה אינו מטמא לה לפיכך מי ששמעה שמועה שמת בעלה ונשאת ובא בעלה שניהן אין מטמאין לה שהרי היא פסולה לשניהן אבל מטמא הוא לאמו אף על פי שהיא חללה וכן מטמא לבנו ולבתו ולאחיו ולאחותו אע"פשהן פסולין אפילו היו ממזרים מטמא להן:
10
When a priest's sister is married - even to another priest, he does not become impure for her sake, "as Leviticus 21:3 states: "his virgin sister who is close to him who has not been with a man." "Virgin" excludes a girl who has been raped or seduced. Should we also exclude a woman who attain majority or a woman who lost her signs of virginity because of reasons other than relations? The Torah teaches: "who has not been with a man," i.e., excluded is only one who lost her virginity because of a man. "Who has not been with a man" - this also excludes a sister who has been consecrated. He does not become impure, for her sake even if she is consecrated to a priest.
י
אחותו הנשואה אינו מטמא לה אע"פ שהיא נשואה לכהן שנאמר הבתולה הקרובה אליו אשר לא היתה לאיש הבתולה פרט לאנוסה ומפותה יכול שאני מוציא את הבוגרת ומוכת עץ תלמוד לומר אשר לא היתה לאיש מי שהוייתה בידי איש אשר לא היתה לאיש פרט לארוסה שאינו מטמא לה אף על פי שהיא ארוסה לכהן:
11
If, however, a priest's sister is divorced after consecration, before marriage, he must become impure for her sake. The phrase "who is close to him" includes a sister divorced after consecration.
יא
נתגרשה אחותו מן האירוסין מטמא לה שנאמר הקרובה אליו להביא את המגורשת מן האירוסין:
12
A priest does not become impure for the sake of his maternal brother and sister, as implied by Leviticus 21:2-3: "To his son and to his daughter, to his brother and to his sister." Just as we are speaking of a son who is fit to inherit his father's estate; so, too, he must be fit to inherit the estates of his brother and sister.
יב
אחיו ואחותו מאמו אינו מטמא להן שנאמר ולבנו ולבתו ולאחיו ולאחותו מה בנו הראוי לירושתו אף אחיו ואחותו הראויים לירושתו:
13
A priest does not become impure for the sake of relatives whose family connection is doubtful, as implied by Leviticus 21:3: "to her shall he become impure." He becomes impure for those whose connection is definite and not for those whose connection is doubtful. Accordingly, in an instance where children become intermingled, there is a son concerning whom there is a question whether he was born after seven months from conception to his mother's later husband or after nine months to her first husband, and all the like, he does not become impure for their sake due to the doubt.
Similarly, in all cases concerning divorce that involve a question concerning the validity of the divorce or an invalid bill of divorce, , the priest does not become impure for the sake of his wife.
יג
הספקות אינו מטמא להן שנאמר לה יטמא מיטמא הוא על הודאי ואינו מיטמא על הספק לפיכך הוולדות שנתערבו והבן שהוא ספק בן שבעה לאחרון או בן תשעה לראשון וכן כל כיוצא בהן אינו מיטמא להן מספק וכן כל המתגרשת ספק גירושין או בגט פסול אינו מטמא לה:
14
A priest may not become impure for the sake of a limb severed from his father while alive, nor for the sake of one of his father's bones. Similarly, when one's father's bones are being collected - even if his entire backbone is intact - a priest may not become impure for their sake.
יד
אין הכהן מטמא לאבר מן החי מאביו ולא לעצם מעצמות אביו וכן המלקט עצמות אביו אינו מטמא להן אף על פי שהשדרה קיימת:
15
If his father's head is decapitated, he may not become impure for his sake. This is implied by Leviticus 21:2: "To his father," i.e., at a time when his corpse is intact and not when it is impaired. Similar laws apply with regard to other relatives.
The prohibition against contact with ritual impurity is bypassed with regard to one's relatives; it is not released entirely. For this reason, a priest is forbidden to become impure for the sake of another corpse at the time he has become impure for the sake of his relatives. This is implied by Leviticus 21:3: "to her shall he become impure," i.e., to her alone. He does not become impure for the sake of others together with her. He should not say: "Since I became impure for the sake of my father, I will go gather so-and-so's bones" or "...touch so-and-so's grave."
Therefore when the relative of a priest dies, care must be taken to bury him at the edge of the cemetery, so that he will not have to enter the cemetery and become impure because of other graves when he buries his dead.
טו
נקטע ראשו של אביו אינו מטמא לו שנאמר לאביו בזמן שהוא שלם ולא בזמן שהוא חסר וכן שאר הקרובים הטומאה לקרובים דחויה היא ולא הותרה לכל לפיכך אסור לכהן להתטמא למת אפילו בעת שמתטמא לקרוביו שנאמר לה יטמא אינו מטמא לאחרים עמה שלא יאמר הואיל ונטמאתי על אבי אלקט עצמות פלוני או אגע בקבר פלוני לפיכך כהן שמת לו מת צריך להזהר ולקוברו בסוף בית הקברות כדי שלא יכנס לבית הקברות ולא יתטמא בקברות אחרים כשיקבור מתו:
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Sanhedrin veha`Onashin haMesurin lahem - Chapter 7
1
The following law applies when one of the litigants says: "Let so and so act as a judge for me," and the other litigant says: "Let so and so act as a judge for me." Together the two judges which were chosen by each of the litigants respectively choose a third judge and the three of them adjudicate the case for the two litigants. In this manner, a true judgment will emerge.
Even if the judge chosen by one of the litigants is a great sage who has received semichah, the one litigant cannot compel the other litigant to have him adjudicate the case. Instead, he also chooses a judge he desires.
א
אחד מבעלי דינין שאמר איש פלוני ידון לי ואמר בעל דינו פלוני ידון לי הרי אלו שני הדיינים שבירר זה אחד וזה אחד הם בוררים להן דיין שלישי ושלשתן דנין לשניהן שמתוך כך יצא הדין לאמתו אפילו היה האחד שביררו בעלי הדין חכם גדול וסמוך אינו יכול לכוף את בעל דינו שידון אצל זה אלא גם הוא בורר מי שירצה:
2
The following rules apply when a litigant accepts his own or an opposing litigant's relative or another person who is unacceptable to serve as a judge or a witness in his case. If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the verdict is rendered and the unacceptable judge ruled in his verdict - or a verdict was rendered on the basis of the testimony of an unacceptable witness - that money should be expropriated, the litigant may not retract.
The above laws also apply if a litigant accepted a person who is disqualified because he committed a transgression as two witnesses to testify concerning him or as a court of three judges to rule concerning his interests. Similarly, it applies regardless of whether he gave his consent at the risk of forfeiting rights and waiving a claim that he is pressing or he gave his consent at the risk of having to pay what the plaintiff demands of him because of the testimony of this unacceptable witness or because of the ruling of this unacceptable judge.
ב
מי שקבל עליו קרוב או פסול בין להיותו דיין בין להיותו עד עליו אפילו קבל אחד מן הפסולים בעבירה כשני עדים כשרים להעיד עליו או כשלשה בית דין מומחין לדון לו בין שקבל על עצמו לאבד זכיותיו ולמחול מה שהיה טוען על פיהן בין שקבל שיתן כל מה שיטעון עליו חבירו בעדות זו הפסול או בדינו אם קנו מידו על זה אינו יכול לחזור בו ואם לא קנו מידו יכול לחזור בו עד שיגמר הדין נגמר הדין והוציא הממון בדין זה הפסול או בעדותו אינו יכול לחזור:
3
Similarly, the following rules apply when a person was obligated by a court to take an oath to a colleague and the person to whom the oath must be given state: "Take an oath on your own life, and be freed of liability," or "Take an oath on your own life that your claim is justified and I will give you everything that you claim." If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the case is concluded and he took an oath as stipulated, he cannot retract and is obligated to pay.
ג
וכן מי שנתחייב לחבירו שבועה בבית דין ואמר לו השבע לי בחיי ראשך והפטר או השבע לי בחיי ראשך ואתן לך כל מה שתטעון אם קנו מידו אינו יכול לחזור בו ואם לא קנו מידו יכול לחזור בו עד שיגמר הדין נגמר הדין ונשבע כמו שאמר לו אינו יכול לחזור וחייב לשלם:
4
Similar laws apply when a person was obligated to take a sh'vuat hesset and he reversed it and obligated the plaintiff. If he affirmed his consent with a kinyan or the plaintiff took the oath, the defendant cannot retract.
ד
והוא הדין למי שנתחייב שבועת היסת והפכה אם קנו מידו או אם נשבע זה שנהפכה עליו אינו יכול לחזור בו:
5
Similarly, when a person was not obligated to take an oath and yet he said: "I will take an oath in response to your claim," if he affirmed his statement with a kinyan, he cannot retract. If he did not affirm his statement with a kinyan, he has the right to retract until the judgment is concluded and he actually takes the oath, even though he made his commitment in court.
ה
והוא הדין במי שלא היה חייב שבועה ואמר אשבע לך שבועה אם קנו מידו אינו יכול לחזור בו ואם לא קנו מידו אע"פ שקבל בבית דין חוזר עד שיגמר הדין וישבע:
6
When a person was obligated by a court, and then brought witnesses or proof to vindicate himself, the judgment is rescinded and the case should be tried again. Although the judgment was already rendered, whenever he brings support for his claim, the judgment is rescinded.
Even if the judges tell him: "Bring all the proofs that you have within 30 days," a litigant may have the judgment rescinded although he brings proof after 30 days. What can he do if he did not discover the proof within 30 days, but found it afterwards?
ו
מי שנתחייב בבית דין והביא עדים או ראיה לזכותו סותר את הדין וחוזר הדין אף על פי שכבר נגמר הדין כל זמן שהוא מביא ראיה סותר אמרו לו הדיינים כל ראיות שיש לך הבא מכאן ועד שלשים יום אף על פי שהביא ראיה לאחר שלשים יום סותר את הדין מה יעשה אם לא מצא בתוך שלשים ומצא לאחר שלשים:
7
If, however, the litigant completed stating his claims, he cannot have the judgment rescinded.
What is implied? The judges asked him: "Do you have witnesses supporting your claim?"
He replied: "I do not have witnesses."
"Do you have proof of your position?"
"I do not have proof," he answered.
In such a situation, if the court judged him and held him liable, the judgment is not rescinded. Although when he sees that he was being held liable, he declared: "So-and-so and so-and-so come forward and testify on my behalf" or he produced written proof from his money-belt, it is not significant. We do not pay any attention to his witnesses or his proof.
ז
אבל אם סתם את טענותיו אינו סותר כיצד אמרו לו יש לך עדים אמר אין לי עדים יש לך ראיה אמר אין לי ראיה ודנו אותו וחייבוהו כיון שראה שנתחייב אמר קרבו פלוני ופלוני והעידוני או שהוציא ראיה מתוך אפונדתו אין זה כלום ואין משגיחין על עדיו ועל ראיתו:
8
When does the above apply? When the proof was in his possession and the witnesses were together with him in the country. If, however, he said: "I have neither witnesses, nor proof," and afterwards, witnesses came from overseas or a leather satchel belonging to his father where legal documents were held had been entrusted to another person and that person came and supplied him with proof, he may call on these witnesses and/or this proof and have the ruling rescinded.
Why may he have the ruling rescinded? Because he could claim: "The reason I said: 'I don't have any witnesses' and 'I don't have any proof is because they were not available to me." Whenever he could make such a claim and there is substance to his words, he is not considered to have completed stating his claims when he originally stated: "I have no witnesses...." He may bring the witnesses and/or proof and have the judgment rescinded.
Accordingly, if he explicitly states: "I have no witnesses at all, neither here or overseas, nor any written proof, neither in my possession or in the possession of others," he cannot have the judgment rescinded.
ח
במה דברים אמורים כשהיתה הראיה אצלו והעדים עמו במדינה אבל אם אמר אין לי עדים ואין לי ראיה ולאחר מכאן באו לו עדים ממדינת הים או שהיתה החמת של אביו שיש שם השטרות מופקדת ביד אחרים ובא זה שהפקדון אצלו והוציא לו ראיתו הרי זה מביא וסותר ומפני מה סותר מפני שיכול לטעון ולומר זה שאמרתי אין לי עדים אין לי ראיה מפני שלא היו מצויין אצלי וכל זמן שיכול לטעון ולומר זה שאמרתי אין לי עדים אין לי ראיה מפני שלא היו מצויין אצלי או מפני כך וכך אמרתי אין לי עדים ואין לי ראיה והיה ממש בדבריו הרי זה לא סתם טענותיו וסותר לפיכך אם פירש ואמר אין לי עדים כלל לא הנה ולא במדינת הים ולא ראיה כלל לא בידי ולא ביד אחרים אינו יכול לסתור:
9
When does the above apply? With regard to an adult who was held liable and then brought written proof or witnesses after completing the statement of his arguments.
Different concepts apply, however, with regard to an heir who was a minor when the person whose estate he inherited died and a suit was lodged against him because of that person after he came of age. Even though he stated: "I have neither witnesses, nor proof," and after he departed from the court after being held liable, others told him: "We know testimony that favors your father that will cause this judgment to be rescinded," or "The person whose estate you inherited entrusted this written proof to me," he may bring the testimony or the proof immediately and have the judgment rescinded. The rationale is that a minor is not aware of all the proofs possessed by the person whose estate he inherited.
ט
בד"א בגדול שנתחייב והביא ראיות והביא עדים אחר שסתם טענותיו אבל יורש שהוא קטן כשמת מורישו ובאו עליו טענות מחמת מורישו אחר שהגדיל ואמר אין לי עדים ואין לי ראיה ואחר שיצא מבית דין חייב אמרו לו אחרים אנו יודעים לאביך עדות שתסתור בה דין זה או אמר לו אחד מורישך הפקיד ראיה זו הרי זה מביא מיד וסותר שאין היורש קטן יודע כל ראיות מורישו:
10
The following rules apply when a person affirmed his consent to the following agreement with a kinyan: If he does not come on this-and-this day and take an oath, his colleague's claim would be accepted and that colleague could take whatever he claims without taking an oath. Alternatively, if he does not come on this-and-this day, take an oath, and collect his due, he forfeits his right to the claim. Nothing is to be granted him and his colleague is released of liability. Should that day pass and he not come, the stipulation is binding and he forfeits his rights.
If, however, he brings proof that he was held back by forces beyond his control on that day, he is not bound by his agreement. He may take an oath against the claim issued by his colleague as before. Similar laws apply in all analogous situations.
י
מי שקנו מידו שאם לא יבא ביום פלוני וישבע יהיה חבירו נאמן בטענתו ויטול כל מה שטען בלא שבועה או שאם לא יבא ביום פלוני וישבע ויטול אבד את זכותו ואין לו כלום ויפטר חבירו ועבר היום ולא בא נתקיימו התנאים ואבד את זכותו ואם הביא ראיה שהיה אנוס באותו היום הרי זה פטור מקנין זה וישבע כשיתבענו חבירו כשהיה מקודם וכן כל כיוצא בזה:
Sanhedrin veha`Onashin haMesurin lahem - Chapter 8
1
When a court reaches a split decision - some say that the defendant is not liable, and others say that he is liable, we follow the majority. This is a positive mitzvah of Scriptural origin, as Exodus 23:2 states: "Follow after the inclination of the majority."
When does the above apply? With regard to financial matters and with regard to laws involving questions of what is forbidden and what is permitted, what is impure and what is pure and the like. With regard to capital cases, different laws apply if there is a difference of opinion whether the transgressor should be executed or not. If the majority rule to exonerate him, he is exonerated. If, however, the majority rules that he is guilty, he should not be executed until there are at least two more judges who hold him guilty than who exonerate him.
According to the Oral Tradition, we learned that the Torah warned against this saying Ibid.: "Do not follow the majority to do harm." That is to say that if the majority are inclined "to do harm," i.e., to execute the defendant, you should not follow them until there is a significant inclination, and there is a majority of two judges who rule that he is guilty.
This is implied by (Ibid.): "to follow the inclination of the majority and influence the judgment." A positive inclination may be made on the basis of a majority of one, a harmful inclination, on the basis of a majority of two. All of these concepts are based on the Oral Tradition.
א
בית דין שנחלקו מקצתם אומרים זכאי ומקצתם אומרים חייב הולכין אחר הרוב וזו מצות עשה של תורה שנאמר אחרי רבים להטות במה דברים אמורים בדיני ממונות ובשאר דיני אסור ומותר וטמא וטהור וכיוצא בהן אבל בדיני נפשות אם נחלקו בזה החוטא אם יהרג או לא יהרג אם היו הרוב מזכים זכאי ואם היו הרוב מחייבין אינו נהרג עד שיהיו המחייבין יתר על המזכים שנים מפי השמועה למדו שעל זה הזהירה תורה ואמרה לא תהיה אחרי רבים לרעות כלומר אם הרוב נוטים לרעה להרוג לא תהיה אחריהם עד שיטו הטייה גדולה ויוסיפו המחייבין שנים שנאמר לנטות אחרי רבים להטות הטייתך לטובה על פי אחד לרעה על פי שנים וכל אלו הדברים קבלה הם:
2
The following laws apply when there is a difference of opinion within a court of three judges with regard to a monetary issue: If two say the defendant's claim should be vindicated and one says that he is liable, his claim is vindicated. If two say that he is liable and one says his claim should be vindicated, he is held liable. If one says that his claim should be vindicated and one says he is liable, or two say that his claim should be vindicated or that he is liable and the third judge says: "I do not know," we add another two judges. Thus five judges debate the matter.
If three say the defendant's claim should be vindicated and two say that he is liable, his claim is vindicated. If three say that he is liable and two say his claim should be vindicated, he is held liable. If two say that his claim should be vindicated and two say he is liable, and the fifth judge says: "I do not know," we add another two judges. If, however, four say his claim should be vindicated or that he is liable and one says: "I don't know," or three say his claim should be vindicated and one says that he is liable, and the fifth says: "I don't know," we follow the majority. This applies whether the judge who says: "I don't know" is the same who said "I don't know" at the outset or another individual.
If, in this situation as well, the opinions are evenly balanced and one says: "I don't know," or in any situation that there is a doubt, we continue to add two more judges until we reach 71 judges. If, after reaching 71, the issue is still unresolved, i.e., 35 hold him liable, and 35 wish to vindicate his claim and one says: "I don't know," they debate the matter until the judge who has not made up his mind sides with one of the opinions and thus there will be 36 who vindicate him or 36 who hold him liable. If neither that judge or another changes his opinion, the matter remains unresolved and the money is allowed to remain in the possession of its owner.
ב
בית דין של שלשה שנחלקו שנים אומרים זכאי ואחד אומר חייב הרי זה זכאי שנים אומרים חייב ואחד אומר זכאי הרי זה חייב אחד אומר זכאי ואחד אומר חייב ואחד אומר איני יודע או שאמרו שנים זכאי או חייב והשלישי אומר איני יודע יוסיפו הדיינים שנים נמצאו חמשה נושאים ונותנים בדבר אמרו שלשה מהם זכאי ושנים אומרים חייב הרי זה זכאי אמרו שלשה חייב ושנים זכאי הרי זה חייב אמרו שנים מהם זכאי ושנים מהם חייב ואחד אומר איני יודע מוסיפין שנים אבל אם אמרו ארבעה זכאי או חייב ואחד אומר איני יודע או שאמרו שלשה זכאי ואחד חייב ואמר אחד איני יודע בין שהיה זה שאמר איני יודע הוא שאמר איני יודע בתחלה בין שאמר אחר הולכים אחר הרוב היו מחצה למחצה ואחד אומר איני יודע הרי אלו מוסיפין שנים אחרים וכן אם נסתפק הדבר מוסיפין והולכין עד שבעים ואחד הגיעו לשבעים ואחד ואמרו שלשים וחמשה חייב ושלשים וחמשה זכאי ואחד אומר איני יודע נושאים ונותנים עמו עד שיחזור לדברי הצד האחד ונמצאו שלשים וששה מזכים או מחייבין ואם לא חזר לא הוא ולא אחד מהן הרי הדבר ספק ומעמידין את הממון בחזקת בעליו:
3
Whenever a judge says: "I don't know," he is not required to explain the rationale for his statements and explain the reason why he is in doubt. In contrast, a judge who rules that a litigant's claim is vindicated must state why he vindicates the claim, or if he holds him liable, he must state why he holds him liable.
ג
כל מי שאמר איני יודע אינו צריך לתת טעם לדבריו ולהודיע מאי זה טעם בא לו הספק כדרך שמראה המזכה מאי זה טעם מזכה והמחייב מאי זה טעם מחייב:
Sanhedrin veha`Onashin haMesurin lahem - Chapter 9
1
When all the judges of a Sanhedrin begin their judgment of a case involving capital punishment and say that the defendant is liable, he is exonerated. There must be some who seek to exonerate him and argue on his behalf, but yet the majority hold him liable. Only then he is executed.
א
סנהדרין שפתחו כולם בדיני נפשות תחלה ואמרו כולן חייב הרי זה פטור עד שיהיו שם מקצת מזכין שיהפכו בזכותו וירבו המחייבין ואח"כ יהרג:
2
The following rules apply when there is a difference of opinion in a minor Sanhedrin. If twelve judges say that he should be exonerated and eleven say that he should be held liable, he is exonerated. If twelve say that he is liable and eleven say that he should be exonerated or eleven say that he should be exonerated and eleven say that he is liable, and one says: "I don't know," we add two judges. Even if there are twelve who wish to exonerate him and twelve who hold him liable, and one who one says: "I don't know," we add two judges. The rationale is that the judge who says: "I don't know," is considered as if he does not exist, for he cannot change his mind and explain why the defendant should be held liable. Thus after the addition, there are 24 judges aside from the person who says: "I don't know."
If twelve say that he should be exonerated and twelve say that he is liable, he is exonerated. If eleven say that he should be exonerated and thirteen say that he is liable, he is liable. This applies even if one of the original judges says: "I don't know." For there are two more judges who rule that he is liable.
If twelve say that he should be exonerated and twelve say that he is liable, we add two judges. And similarly, if the balance is not broken, we continue to add two judges until there is at least one more judge who rules that he should be exonerated or at least two more judges who rule that he should be held liable. If there are an even number of judges on both sides, and one says: "I don't know," or if the number of judges who rule that he is liable is only one more than those who rule that he should be exonerated, we continue to add judges until we reach 71.
The following rules apply when the court reaches that size. If 36 say that he should be exonerated and 35 say that he is liable, he should be exonerated. If 36 say that he is liable and 35 say that he should be exonerated, they debate back and forth against each other until one of them sees the other's perspective and either exonerates him or holds him liable. If such a change in perspective does not take place, the judge of the greatest stature declares: "This judgment has become aged," and he is released.
If 35 say that he is liable and 35 say that he should be exonerated, and one says "I don't know," we release him. If 34 say that he should be exonerated and 36 say that he is liable, and one says: "I don't know," he is held liable. For there is a majority of two judges who hold him liable.
ב
סנהדרי קטנה שנחלקו בדיני נפשות שנים עשר אומרים זכאי ואחד עשר אומרים חייב הרי זה זכאי שנים עשר אומרים חייב ואחד עשר אומרים זכאי או שאמרו אחד עשר זכאי ואחד עשר חייב ואחד אומר איני יודע אפילו עשרים ושנים מזכין או מחייבין והאחד אומר איני יודע יוסיפו שנים זה שאמר איני יודע הרי הוא כמי שאינו שהרי אינו חוזר ומלמד חובה ונמצאו אחר התוספת עשרים וארבעה חוץ מזה המסתפק אמרו שנים עשר זכאי ושנים עשר חייב הרי זה זכאי אחד עשר אומרים זכאי ושלשה עשר אומרים חייב אע"פ שהאחד מן הראשונים אומר איני יודע הרי זה חייב שהרי המחייבין רבו בשנים אמרו שנים עשר זכאי ושנים עשר חייב ואחד אומר איני יודע מוסיפין שנים אחרים וכן מוסיפין והולכין עד שירבו המזכין אחד ויהא זכאי או ירבו המחייבין שנים או יותר ויהא חייב היו אלו כנגד אלו ואחד אומר איני יודע או שהיו המחייבין יותר אחד בלבד מוסיפין והולכין עד שבעים ואחד הגיעו לשבעים ואחד שלשים וששה אומרים זכאי ושלשים וחמשה אומרים חייב הרי זה זכאי שלשים וששה אומרים חייב ושלשים וחמשה אומרים זכאי דנים אלו כנגד אלו עד שיראה אחד מהן דברי חבירו ומזכין אותו או מחייבין אותו ואם לא ראה גדול שבדיינים אומר נזדקן הדין ופוטרין אותו שלשים וחמשה אומרים חייב ושלשים וחמשה אומרים זכאי ואחד אומר איני יודע פוטרין אותו ארבעה ושלשים אומרים זכאי וששה ושלשים אומרים חייב ואחד אומר איני יודע חייב שהרי רבו המחייבין שנים:
3
When there is a difference of opinion in the Supreme Sanhedrin, whether with regard to a law involving capital punishment, monetary law, or other matters of Torah law, we do not add judges. Instead, they debate against each other and the ruling follows the majority. If their difference of opinion involves whether a person will be executed, they should debate against each other until they either exonerate him or hold him liable.
ג
בית דין הגדול שבא להם מחלוקת בין בדיני נפשות בין בדיני ממונות בין בדיני תורה אין מוסיפין עליהן אלא דנין אלו כנגד אלו והולכין אחר הרוב שלהן ואם בדין אחד מן הנהרגין נחלקו דנין אלו כנגד אלו עד שיפטרוהו או יתחייב:
Hayom Yom:• English Text | Video ClassShabbat, Elul 11, 5777 · 02 September /2017
"Today's Day"
Shabbat, Elul 11, 5703
Torah lessons: Chumash: Teitsei, Shevi'i with Rashi.
Tehillim: 60-65. Also 31-33.
Tanya: XIII. "How abundant (p. 457) ...in a pavilion..." (p. 461).
On Shabbat Teitsei 5603 (1843), at the Kiddush table by day, the Tzemach Tzedek said: "This world is a world of falsity, therefore even good is adulterated with chaff and must be purified 'from below upward' as well as from 'Above downward.' Olam haba (the Coming World) is the world of truth. In Torah there are discussions of matters which may appear negative, yet the same matters, as they are studied in gan eden1 - are actually positive qualities."
Then the Rebbe began to sing, and indicated with a motion of his hand that everyone join him. His sons began singing, then all the chassidim joined in; the singing enflamed and aroused all hearts. When the Tzemach Tzedek stopped singing, he said: "In This World the meaning of the passage (Sanhedrin 99b) 'He who studies Torah liprakim,' means one who studies Torah intermittently; in gan eden they interpret the passage to mean that he studies Torah and the Torah 'takes him apart',2 the words of Torah possess him."
FOOTNOTES
1.Related to olam haba.
2.The word liprakim lends itself to both interpretations: peirek - intermittent, or - pareik - to take apart.
Daily Thought:
Finally WinningThroughout history, countless tactics and strategies are played in the battle over planet Earth. But at the end of the day, the only thing that really matters is called winning. And winning comes at the very end.
With every other round of the game, the soul puts out whatever it’s got. When it comes to the last stretch, neck and neck with the enemy, it‘s got to do better than that. Its very core ignited, it bursts into explosion of power never before imagined.
This is the stubborn power we have today, to finally change the world and transform it into a divine place. Not with our own strength, but with the power of all those before us. Because now, from above, every power is released, the very essence-core lashes out. To win. [Maamor Bati Legani 5710, chapter 11; Beshalach 5741:37; Ki Tavo 5741:58. Torat Menachem 5746 vol. 1, pg. 87.]
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