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TODAY IN JUDAISM: Iyar 20, 5778 - Shabbat, May 5, 2018
Chabad.org Calendar 
ב"ה Today in Judaism Today is Shabbat, Iyar 20, 5778 · May 5, 2018 Omer: Day 35 - Malchut sheb'HodToday's Laws & Customs
• Ethics of the Fathers: Chapter 4
In preparation for the festival of Shavuot, we study one of the six chapters of the Talmud's Ethics of the Fathers ("Avot") on the afternoon of each of the six Shabbatot between Passover and Shavuot; this week we study Chapter Four. (In many communities -- and such is the Chabad custom -- the study cycle is repeated through the summer, until the Shabbat before Rosh Hashanah.)
Link: Ethics of the Fathers, Chapter 4
• Count "Thirty-Six Days to the Omer" TonightTomorrow is the thirty-sixth day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer for tomorrow's date tonight, after nightfall: "Today is thirty-six days, which are five weeks and one day, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day is Shavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Chessed sheb'Yesod -- "Kindness in Connection"
The teachings of Kabbalah explain that there are seven "Divine Attributes" -- Sefirot -- that G-d assumes through which to relate to our existence: Chessed, Gevurah,Tifferet, Netzach, Hod, Yesod and Malchut ("Love", "Strength", "Beauty", "Victory", "Splendor", "Foundation" and "Sovereignty"). In the human being, created in the "image of G-d," the seven sefirot are mirrored in the seven "emotional attributes" of the human soul: Kindness, Restraint, Harmony, Ambition, Humility, Connection and Receptiveness. Each of the seven attributes contain elements of all seven--i.e., "Kindness in Kindness", "Restraint in Kindness", "Harmony in Kindness", etc.--making for a total of forty-nine traits. The 49-day Omer Count is thus a 49-step process of self-refinement, with each day devoted to the "rectification" and perfection of one the forty-nine "sefirot."
Links:
How to count the Omer
The deeper significance of the Omer Count
Today in Jewish History
• Journey From Mount Sinai (1312 BCE)
On the 20th of Iyar 2449 (1312 BCE)--nearly a year after the Giving of the Torah on Mount Sinai--the Children of Israel departed their encampment near the Mountain. They resumed their journey when the pillar of cloud rose for the first time from over the "Tabernacle--the divine sign that would signal the resumption of their travels throughout their encampments and journeys over the next 38 years, until they reached the eastern bank of the Jordan River on the eve of their entry into the Holy Land.
Links: The Israelites' Journey through the Desert
• Troyes Jews Burned at Stake (1288)On the 20th of Iyar in 1288, thirteen Jews in Troyes, France, were burned at the stake by the Inquisition. They were accused, in a blood libel, of the supposed murder of a Christian child. The thirteen Jews were chosen from among the richer members of the community.
Jews were also killed in a blood libel in Neuchatel, Switzerland, on this date.
• Venice Jews Forbidden to Practice Law (1637)The Jews of Venice, Italy, were forbidden to practice law or to act as advocates in the Courts of Venice on the 20th of Iyar of 1637.
• Mt. Scopus Hospital (1939)The Hadassah University Hospital and Medical Center was opened on Mt. Scopus, Jerusalem. The hospital, designed by renowned Bauhaus architect Erich Mendelssohn, opened as a modern, 300-bed academic medical facility.
• Pregnant Women Sentenced to Death (1942)In the ghetto of Kovno, the Nazis decreed the execution of all pregnant Jewish women.
Daily Torah StudyChumash: Emor, 7th Portion Leviticus 24:1-24:23 with Rashi
• English / Hebrew Linear Translation
• Video Class
• Daily Wisdom (short insight)
Leviticus Chapter 24
1And the Lord spoke to Moses, saying, אוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
2Command the children of Israel, and they shall take to you pure olive oil, crushed for lighting, to kindle the lamps continually. בצַ֞ו אֶת־בְּנֵ֣י יִשְׂרָאֵ֗ל וְיִקְח֨וּ אֵלֶ֜יךָ שֶׁ֣מֶן זַ֥יִת זָ֛ךְ כָּתִ֖ית לַמָּא֑וֹר לְהַֽעֲלֹ֥ת נֵ֖ר תָּמִֽיד:
Command the children of Israel [and they shall take to you pure olive oil… to kindle the lamps continually]: This is the passage of the commandment of the lamps, and the passage [that begins with] “And you will command…” (Exod. 27:20-21) was stated only in context of describing the construction of the Mishkan, i.e., stating the necessity of the menorah. And the meaning [of that passage] is: “You will eventually command the children of Israel regarding this” [namely, here in our passage]. צו את בני ישראל: זו פרשת מצות הנרות. ופרשת ואתה תצוה לא נאמרה אלא על סדר מלאכת המשכן לפרש צורך המנורה. וכן משמע, ואתה סופך לצוות את בני ישראל על כך:
pure olive oil: Three [grades of] oil are extracted from an olive: The first [drop of oil that the olive issues after crushing] is called זָךְ, “pure,” [and is used for the menorah; the second and third oils that result from grinding are used for the meal offerings]. These [grades of oil] are enumerated in Tractate Men. (86a) and in Torath Kohanim (24: 210). שמן זית זך: שלשה שמנים יוצאים מן הזית, הראשון קרוי זך, והן מפורשים במנחות (פט א) ובתורת כהנים:
continually: Heb. תָּמִיד. From [one] night to the next [i.e., even though it was to burn only until the morning-see verse 3-it was continual (תָּמִיד) in that it was to be lit each night]. This is similar to the continual burnt offering (עוֹלַת תָּמִיד) which was only from day to day, [as in Num. 28:1-8]. תמיד: מלילה ללילה, כמו עולת תמיד שאינה אלא מיום ליום:
3Outside the dividing curtain of the testimony in the Tent of Meeting, Aaron shall set it up before the Lord from evening to morning continually. [This shall be] an eternal statute for your generations. גמִחוּץ֩ לְפָרֹ֨כֶת הָֽעֵדֻ֜ת בְּאֹ֣הֶל מוֹעֵ֗ד יַֽעֲרֹךְ֩ אֹת֨וֹ אַֽהֲרֹ֜ן מֵעֶ֧רֶב עַד־בֹּ֛קֶר לִפְנֵ֥י יְהֹוָ֖ה תָּמִ֑יד חֻקַּ֥ת עוֹלָ֖ם לְדֹרֹֽתֵיכֶֽם:
the dividing curtain of the testimony: which was situated in front of the ark, which was called “the Testimony (הָעֵדֻת).” And our Rabbis expounded [that the הָעֵדֻת alludes to] the western lamp, which was a “testimony (עֵדֻת)” to all the creatures on earth that the Shechinah rested upon Israel, for [the Kohen Gadol] would place into it the same amount of oil he placed into the other lamps, and from it he would begin [the kindling] and with it he would finish [the cleaning, since it continued to burn miraculously until the following evening]. — [Rashi Shab. 22b; Nachalath Ya’akov] לפרכת העדת: שלפני הארון, שהוא קרוי עדות. ורבותינו דרשו על נר מערבי, שהוא עדות לכל באי עולם שהשכינה שורה בישראל, שנותן בה שמן כמדת חברותיה וממנה היה מתחיל ובה היה מסיים:
Aaron shall set it up from evening to morning: He shall set it up in such a way that it has enough [oil] for it to burn for the entire night. And our Sages estimated [this amount to be] half a log for each lamp. This [amount] is sufficient even for the [long, winter] nights of the Teveth season. And this measure became fixed for them [i.e., for the lights even during the shorter, summer nights]. — [Mizrachi; Men. 89a] יערך אתו אהרן מערב עד בקר: יערוך אותו עריכה הראויה למדת כל הלילה, ושיערו חכמים חצי לוג לכל נר ונר, והן כדאי אף ללילי תקופת טבת, ומדה זו הוקבעה להם:
4Upon the pure menorah, he shall set up the lamps, before the Lord, continually. דעַ֚ל הַמְּנֹרָ֣ה הַטְּהֹרָ֔ה יַֽעֲרֹ֖ךְ אֶת־הַנֵּר֑וֹת לִפְנֵ֥י יְהֹוָ֖ה תָּמִֽיד:
pure menorah: [The menorah] which was [made of] pure gold. Another explanation [for “Upon the pure menorah”] is: [He shall set up the lamps] upon the purity (טָהֳרָהּ) of the menorah, because [before kindling] he would first clean it up (מְטַהֵר) and clear it of ashes [from the previous night’s burning]. — [See Torath Kohanim 24:218] המנרה הטהרה: שהיא זהב טהור. דבר אחר על טהרה של מנורה, שמטהרה ומדשנה תחלה מן האפר:
5And you shall take fine flour and bake it [into] twelve loaves. Each loaf shall be [made from] two tenths [of an ephah of flour]. הוְלָֽקַחְתָּ֣ סֹ֔לֶת וְאָֽפִיתָ֣ אֹתָ֔הּ שְׁתֵּ֥ים עֶשְׂרֵ֖ה חַלּ֑וֹת שְׁנֵי֙ עֶשְׂרֹנִ֔ים יִֽהְיֶ֖ה הַֽחַלָּ֥ה הָֽאֶחָֽת:
6And you place them in two stacks, six in each stack, upon the pure table, before the Lord. ווְשַׂמְתָּ֥ אוֹתָ֛ם שְׁתַּ֥יִם מַֽעֲרָכ֖וֹת שֵׁ֣שׁ הַמַּֽעֲרָ֑כֶת עַ֛ל הַשֻּׁלְחָ֥ן הַטָּהֹ֖ר לִפְנֵ֥י יְהֹוָֽה:
six in each stack: שֵׁשׁ הַמַּעֲרֶכֶת, lit. six the stack, six loaves in one stack. שש המערכת: שש חלות המערכה האחת:
upon the pure table: Heb. הַשֻׁלְחָן הַטָהֹר, [the table] of pure gold. Another explanation: upon the top surface (טָהָר) of the table [as in Arabic]. The loaves of bread were thin and thus fragile. Therefore, in order to prevent them from cracking when stacked upon each other, separating racks supported each loaf-except for the very bottom loaf in each stack, which must rest directly “upon the surface of the table (עַל הַשֻׁלְחָן הַטָהֹר),” without any rack intervening between the loaf and the table surface] so that the racks should not [intervene and] raise the [bottom loaf of] bread [in each stack] from [direct contact with] the surface of the table. — [Torath Kohanim 24:225] השלחן הטהר: של זהב טהור. דבר אחר על טהרו של שלחן, שלא יהיו הסניפין מגביהין את הלחם מעל גבי השלחן:
7And you shall place pure frankincense alongside each stack, and it shall be a reminder for the bread, a fire offering to the Lord. זוְנָֽתַתָּ֥ עַל־הַמַּֽעֲרֶ֖כֶת לְבֹנָ֣ה זַכָּ֑ה וְהָֽיְתָ֤ה לַלֶּ֨חֶם֙ לְאַזְכָּרָ֔ה אִשֶּׁ֖ה לַֽיהֹוָֽה:
And you shall place…alongside each stack: Heb. וְנָתַתָּ עַל הַמַּעֲרֶכֶת, [lit., “And you shall place (pure frankincense) upon the stack.” Here, the meaning is: And you shall place pure frankincense] alongside each of the two stacks (Sifthei Chachamim, see also, Men. 62a, and 96a, Chok vol. 5, pg. 177, for the opinion of Abba Shaul and Rabbi Yehudah Hanassi). There were two bowls of frankincense, each bowl containing a fist-full (מְלֹא קֹמֶץ). - [See Rashi on Lev. 2:2; Torath Kohanim 24:228] ונתת על המערכת: על כל אחת משתי המערכות היו שני בזיכי לבונה, מלא קומץ לכל אחת:
shall be: [I.e.,] this frankincense [shall be]. והיתה: הלבונה הזאת:
a reminder for the bread: Because nothing of the bread [itself] was offered to the most High [on the altar]. Rather, the frankincense was burned when they removed it on every Sabbath. Thus, the frankincense was a “reminder” for the bread, by which it is “remembered” above, like the fist-full [of flour and oil] which is the reminder for the meal offering. - [see Lev. 2:13] ללחם לאזכרה: שאין מן הלחם לגבוה כלום, אלא הלבונה נקטרת כשמסלקין אותו בכל שבת ושבת. והיא לזכרון ללחם, שעל ידה הוא נזכר למעלה, כקומץ שהוא אזכרה למנחה:
8Each and every Sabbath day, he shall set it up before the Lord [to be there] continuously, from the children of Israel an eternal covenant. חבְּי֨וֹם הַשַּׁבָּ֜ת בְּי֣וֹם הַשַּׁבָּ֗ת יַֽעַרְכֶ֛נּוּ לִפְנֵ֥י יְהֹוָ֖ה תָּמִ֑יד מֵאֵ֥ת בְּנֵֽי־יִשְׂרָאֵ֖ל בְּרִ֥ית עוֹלָֽם:
9And it shall belong to Aaron and his sons, and they shall eat it in a holy place, for it is holy of holies for him, among the fire offerings of the Lord, an eternal statute. טוְהָֽיְתָה֙ לְאַֽהֲרֹ֣ן וּלְבָנָ֔יו וַֽאֲכָלֻ֖הוּ בְּמָק֣וֹם קָד֑שׁ כִּ֡י קֹ֩דֶשׁ֩ קָֽדָשִׁ֨ים ה֥וּא ל֛וֹ מֵֽאִשֵּׁ֥י יְהֹוָ֖ה חָק־עוֹלָֽם:
shall belong: Heb. וְהָיְתָה. This meal offering (מִנְחָה, which is feminine) [shall belong]. For [although, strictly speaking, the bread is not the usual “meal offering (מִנְחָה),” it is included in that category, because] any offering that comes from grain falls under the category of a meal offering. והיתה: המנחה הזאת, שכל דבר הבא מן התבואה בכלל מנחה הוא:
and they shall eat it: Heb. וַאֲכָלֻהוּ, [in the masculine gender] referring to the bread (לֶחֶם) , which is in the masculine gender. ואכלהו: מוסב על הלחם, שהוא לשון זכר:
10Now, the son of an Israelite woman and he was the son of an Egyptian man went out among the children of Israel, and they quarreled in the camp this son of the Israelite woman, and an Israelite man. יוַיֵּצֵא֙ בֶּן־אִשָּׁ֣ה יִשְׂרְאֵלִ֔ית וְהוּא֙ בֶּן־אִ֣ישׁ מִצְרִ֔י בְּת֖וֹךְ בְּנֵ֣י יִשְׂרָאֵ֑ל וַיִּנָּצוּ֙ בַּמַּֽחֲנֶ֔ה בֶּ֚ן הַיִּשְׂרְאֵלִ֔ית וְאִ֖ישׁ הַיִּשְׂרְאֵלִֽי:
the son of an Israelite woman…went out: From where did he go out? Rabbi Levi says: “He went out of his world” [i.e., he forfeited his share in the World to Come. See Be’er Basadeh , Maskil L’David]. Rabbi Berechiah says: “He went out of the above passage.” He mocked and said, “[Scripture says,] ‘Each… Sabbath day, he shall set it up.’ But surely it is the practice of kings to eat warm [fresh] bread every day! Perhaps cold bread, nine days old?” [he said] in astonishment. [In fact, the bread remained miraculously warm and fresh until it was removed the following week (Chag. 26b).] The Baraitha states: He “went out” of Moses’ tribunal [with a] guilty [verdict. How so?] He had come to pitch his tent within the encampment of the tribe of Dan. So [this tribe] said to him, “What right do you have to be here?” Said he, “I am of the descendants of Dan,” [claiming lineage through his mother, who was from the tribe of Dan (see verse 11)]. They said to him, “[But Scripture states (Num. 2:2): ‘The children of Israel shall encamp] each man by his grouping according to the insignias of his father’s household,’” [thereby refuting his maternal claim]. He entered Moses’ tribunal [where his case was tried], and came out guilty. Then, he arose and blasphemed. — [Vayikra Rabbah 32:3] ויצא בן אשה ישראלית: מהיכן יצא, רבי לוי אומר מעולמו יצא. רבי ברכיה אומר מפרשה שלמעלה יצא. לגלג ואמר ביום השבת יערכנו, דרך המלך לאכול פת חמה בכל יום, או שמא פת צוננת של תשעה ימים, בתמיה. ומתניתא אמרה מבית דינו של משה יצא מחוייב. בא ליטע אהלו בתוך מחנה דן, אמרו לו מה טיבך לכאן, אמר להם מבני דן אני. אמרו לו (במדבר ב) איש על דגלו באותות לבית אבותם כתיב. נכנס לבית דינו של משה ויצא מחוייב, עמד וגדף:
the son of an Egyptian man: the Egyptian whom Moses had slain, [uttering the Divine Name (see Rashi on Exod. 2:14). When the man heard this, he arose and began blaspheming against the Divine Name.]- [Sifthei Chachamim ; Vayikra Rabbah 32:4] בן איש מצרי: הוא המצרי שהרגו משה:
among the children of Israel: [This] teaches [us] that he converted. [Although he was halachically a Jew, since he was born to a Jewish mother, “he converted” here means that he immersed and was circumcised at Mount Sinai “among the children of Israel,” i.e., together with all the children of Israel.]- [Ramban; Torath Kohanim 24:235] בתוך בני ישראל: מלמד שנתגייר:
They…quarreled in the camp: regarding the encampment. [See Rashi on the beginning of this verse]. — [Torath Kohanim 24:235). וינצו במחנה: על עסקי המחנה:
an Israelite man: This was his opponent, the one who prevented him from pitching his tent [in the encampment of Dan]. — [Torath Kohanim 24:235] ואיש הישראלי: זה שכנגדו, שמיחה בו מטע אהלו:
11And the son of the Israelite woman pronounced the [Divine] Name and cursed. So they brought him to Moses. His mother's name was Shelomith the daughter of Dibri, of the tribe of Dan. יאוַיִּקֹּ֠ב בֶּן־הָֽאִשָּׁ֨ה הַיִּשְׂרְאֵלִ֤ית אֶת־הַשֵּׁם֙ וַיְקַלֵּ֔ל וַיָּבִ֥יאוּ אֹת֖וֹ אֶל־משֶׁ֑ה וְשֵׁ֥ם אִמּ֛וֹ שְׁלֹמִ֥ית בַּת־דִּבְרִ֖י לְמַטֵּה־דָֽן:
blasphemously pronounced: Heb. וַיִּקֹּב. As the Targum [Onkelos] renders: וּפָרֵישׁ, “and he pronounced”-he pronounced the ineffable Divine Name and cursed. This [Name that must not be pronounced] was the explicit [four-letter] Divine Name that this man had heard from [the revelation at Mount] Sinai. — [Torath Kohanim 24:235] ויקב: כתרגומו ופריש, שנקב שם המיוחד וגדף, והוא שם המפורש ששמע מסיני:
His mother’s name was Shelomith the daughter of Dibri: [Why is her name mentioned? This teaches us] the praise of Israel, for Scripture publicizes this one, effectively telling us that she alone [among all the women of Israel] was [involved in an] illicit [relation (Vayikra Rabbah 32:5), albeit unwitting on her part. (See Rashi on Exod. 2:11.) Nevertheless, no other Israelite woman had even unwitting illicit relations]. — [Mizrachi] ושם אמו שלמית בת דברי: שבחן של ישראל שפרסמה הכתוב לזו, לומר, שהיא לבדה היתה זונה:
Shelomith: Heb. שְׁלוֹמִית. [Her name denotes that] she was a chatterbox, [always going about saying] “Peace (שָׁלוֹם) be with you! Peace be with you! Peace be with you [men]!” (Vayikra Rabbah 32:5). [She would] chatter about with words, greeting everyone. שלמית: דהות פטפטה שלם עלך, שלם עלך, שלם עליכון, מפטפטת בדברים שואלת בשלום הכל:
the daughter of Dibri: [This denotes that] she was very talkative, talking (מְדַבֶּרֶת) with every person. That is why she fell into sin. בת דברי: דברנית היתה מדברת עם כל אדם, לפיכך קלקלה:
of the tribe of Dan: [This] tells us that a wicked person brings disgrace to himself, disgrace to his father, and disgrace to his [entire] tribe. Likewise, [the converse is true regarding a righteous man,] “Oholiab, the son of Ahisamach, of the tribe of Dan” (Exod. 35:34), [for Oholiab brought about] praise to himself, praise to his father, and praise to his [entire] tribe. — [Torath Kohanim 24:237] למטה דן: מגיד שהרשע גורם גנאי לו גנאי לאביו גנאי לשבטו, כיוצא בו (שמות לא ו) אהליאב בן אחיסמך למטה דן, שבח לו שבח לאביו שבח לשבטו:
12They placed him in the guardhouse, [until his sentence would] be specified to them by the word of the Lord. יבוַיַּנִּיחֻ֖הוּ בַּמִּשְׁמָ֑ר לִפְר֥שׁ לָהֶ֖ם עַל־פִּ֥י יְהֹוָֽה:
They placed him: [Since Scripture does not say, “they placed (וַיִּשִׂימוּ or וַיִּתְּנוּ) him in the guardhouse,” but rather, “they left him (וַיַּנִּיחֻהוּ) in the guardhouse,” which means that they left him] alone, and they did not leave the one who gathered wood [on the Sabbath] with him (see Num. 15:32-36), for these two [episodes, namely, of the wood gatherer and the blasphemer,] occurred at the same time. Now, they knew that the wood gatherer was liable to death, as is stated “those who profane it shall be put to death.” (Exod. 31:14) The mode of death, however, had not yet been specified to them [by God]. Thus it says (Num. 15:34), “for it had not [yet] been specified what should be done to him”-while in the case of the blasphemer [here], Scripture says לִפְרשׁ לָהֶם, [lit., “to specify for them,” namely to specify his sentence], for they did not know whether or not he was liable to the death penalty [at all, and if he would be placed together with the wood gatherer, it might have caused him unnecessary fear, since he could assume thereby that he was on death row. Therefore, at that point he had to be kept separately]. — [Be’er Basadeh, Torath Kohanim 24:237] ויניחהו: לבדו, ולא הניחו מקושש עמו, ששניהם היו בפרק אחד. ויודעים היו שהמקושש במיתה, שנאמר (שמות לא יד) מחלליה מות יומת אבל לא פורש להם באיזו מיתה, לכך נאמר (במדבר טו לד) כי לא פורש מה יעשה לו. אבל במקלל הוא אומר לפרוש להם, שלא היו יודעים אם חייב מיתה אם לאו:
13Then the Lord spoke to Moses, saying: יגוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
14Take the blasphemer outside the camp, and all who heard [his blasphemy] shall lean their hands on his head. And the entire community shall stone him. ידהוֹצֵ֣א אֶת־הַֽמְקַלֵּ֗ל אֶל־מִחוּץ֙ לַמַּֽחֲנֶ֔ה וְסָמְכ֧וּ כָל־הַשֹּֽׁמְעִ֛ים אֶת־יְדֵיהֶ֖ם עַל־רֹאשׁ֑וֹ וְרָֽגְמ֥וּ אֹת֖וֹ כָּל־הָֽעֵדָֽה:
who heard: These were the witnesses. - [Torath Kohanim 24:239] השמעים: אלו העדים:
all [who heard]: [The word “all” comes] to include the judges. — [Torath Kohanim 24:237] כל: להביא את הדיינים:
[shall lean] their hands [on his head]: They say to him: “Your blood is on your own head! We are not to be punished for your death, for you brought this upon yourself!” - [Torath Kohanim 24:239] את ידיהם: אומרים לו דמך בראשך ואין אנו נענשים במיתתך שאתה גרמת לך:
And the entire community [shall stone him]: [I.e., he is to be stoned by the witnesses] in the presence of the entire community (Torath Kohanim 24:240). From here [we learn] that an agent of a person is considered as [the person] himself, [for only the witnesses are to stone him, but since they are acting as agents of the entire community, Scripture considers it as if the entire community is stoning him]. כל העדה: במעמד כל העדה. מכאן ששלוחו של אדם כמותו:
15And to the children of Israel, you shall speak, saying: Any man who blasphemes his God shall bear his sin. טווְאֶל־בְּנֵ֥י יִשְׂרָאֵ֖ל תְּדַבֵּ֣ר לֵאמֹ֑ר אִ֥ישׁ אִ֛ישׁ כִּֽי־יְקַלֵּ֥ל אֱלֹהָ֖יו וְנָשָׂ֥א חֶטְאֽוֹ:
[Any man…who blasphemes his God] shall bear his sin: [He shall be punished] by excision, if there was no warning - [Torath Kohanim 24:243]. ונשא חטאו: בכרת, כשאין התראה:
16And one who blasphemously pronounces the Name of the Lord, shall be put to death; the entire community shall stone him; convert and resident alike if he pronounces the [Divine] Name, he shall be put to death. טזוְנֹקֵ֤ב שֵֽׁם־יְהֹוָה֙ מ֣וֹת יוּמָ֔ת רָג֥וֹם יִרְגְּמוּ־ב֖וֹ כָּל־הָֽעֵדָ֑ה כַּגֵּר֙ כָּֽאֶזְרָ֔ח בְּנָקְב֥וֹ שֵׁ֖ם יוּמָֽת:
And one who blasphemously pronounces the Name: [This teaches us that] one is not liable [to the death penalty] unless he pronounces the [four-letter Divine] Name. However, one who curses using an ancillary Name [for God, rather than the explicit, four-letter Name], is not [liable to the death penalty]. — [Torath Kohanim 24:243] ונקב שם: אינו חייב עד שיפרש את השם, ולא המקלל בכינוי:
And one who blasphemously pronounces: Heb. וְנֹקֵב. [This term] denotes cursing, as in, “What can I curse (אֶקֹּב) …?” (Num. 23:8). - [Sanh. 56a] ונקב: לשון קללה, כמו (במדבר כג ח) מה אקב:
17And if a man strikes down any human being he shall be put to death. יזוְאִ֕ישׁ כִּ֥י יַכֶּ֖ה כָּל־נֶ֣פֶשׁ אָדָ֑ם מ֖וֹת יוּמָֽת:
And if a man strikes down [any human being]: Since Scripture states, “One who strikes a man so that he dies [shall surely be put to death]” (Exod. 21:12), I know only that [the death penalty applies to] one who kills a “man.” How do I know [that it applies also to one who kills] a woman or a minor? Therefore, Scripture says, “[If a man strikes down] any human being.” - [Torath Kohanim 24:245] ואיש כי יכה: לפי שנאמר (שמות כא יב) מכה איש ומת, אין לי אלא שהרג את האיש, אשה וקטן מנין, תלמוד לומר כל נפש אדם:
18And one who slays an animal shall pay for it [the value of] a life for the life [he took]. יחוּמַכֵּ֥ה נֶֽפֶשׁ־בְּהֵמָ֖ה יְשַׁלְּמֶ֑נָּה נֶ֖פֶשׁ תַּ֥חַת נָֽפֶשׁ:
19And a man who inflicts an injury upon his fellow man just as he did, so shall be done to him [namely,] יטוְאִ֕ישׁ כִּֽי־יִתֵּ֥ן מ֖וּם בַּֽעֲמִית֑וֹ כַּֽאֲשֶׁ֣ר עָשָׂ֔ה כֵּ֖ן יֵעָ֥שֶׂה לּֽוֹ:
20fracture for fracture, eye for eye, tooth for tooth. Just as he inflicted an injury upon a person, so shall it be inflicted upon him. כשֶׁ֚בֶר תַּ֣חַת שֶׁ֔בֶר עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן כַּֽאֲשֶׁ֨ר יִתֵּ֥ן מוּם֙ בָּֽאָדָ֔ם כֵּ֖ן יִנָּ֥תֶן בּֽוֹ:
so shall be done to him: Heb. כֵּן יִנָּתֵן בּוֹ. Our Rabbis explained that this does not mean the actual infliction of a wound, but payment of money. [And how is an injury estimated? The victim] is evaluated as a slave [if he would not have had the injury, and how much with the injury, and the difference is the compensation]. This is why Scripture uses the expression נְתִינָה, “giving,” [thereby alluding to] something that is “handed over (הַנָתוּן)” from hand to hand. — [B.K. 84a] כן ינתן בו: פירשו רבותינו, שאינו נתינת מום ממש אלא תשלומי ממון, שמין אותו כעבד, לכך כתוב בו לשון נתינה, דבר הנתון מיד ליד:
21And one who injures an animal shall pay for it. And one who strikes a person shall be put to death. כאוּמַכֵּ֥ה בְהֵמָ֖ה יְשַׁלְּמֶ֑נָּה וּמַכֵּ֥ה אָדָ֖ם יוּמָֽת:
And one who injures an animal shall pay for it: [Verse 18] above is speaking of one who kills an animal, whereas here it is speaking of one who inflicts an injury upon it. ומכה בהמה ישלמנה: למעלה דבר בהורג בהמה, וכאן דבר בעושה בה חבורה:
And one who strikes a person shall be put to death: even if he did not kill him, but just inflicted an injury upon him. For the term נֶפֶשׁ is not used here. Scripture is speaking here of someone who strikes his father or his mother. And Scripture places this case in juxtaposition to the case of someone who strikes an animal [in order to teach us that]: just as if someone strikes an animal [he is liable only if] it is alive, so is one who strikes his father [or mother liable only if] they are alive. This comes to exclude the case of one who strikes [his father or mother] after [their] death. [Why is this case excluded here?] Since we find that one who curses his [father or mother] after [their] death is liable [to the death penalty-see Rashi on Lev. 20:9 Scripture finds it necessary here to teach us that one who strikes [his parent after death] is exempt. And [this juxtaposition also teaches us that] just as in the case of [one who strikes] an animal, [he is liable only if he inflicted an] injury, but if there was no injury, there is no compensation-likewise, one who strikes his father is not liable [to the death penalty] unless he inflicts an injury upon him. — [Torath Kohanim 24:250] ומכה אדם יומת: אפילו לא הרגו אלא עשה בו חבורה, שלא נאמר כאן נפש ובמכה אביו ואמו דבר הכתוב ובא להקישו למכה בהמה מה מכה בהמה מחיים, אף מכה אביו ואמו מחיים, פרט למכה לאחר מיתה, לפי שמצינו שהמקללו לאחר מיתה חייב, הוצרך לומר במכה שפטור. ומה בבהמה בחבלה, שאם אין חבלה אין תשלומין, אף מכה אביו ואמו אינו חייב עד שיעשה בהם חבורה:
22One law shall be exacted for you, convert and resident alike, for I am the Lord, your God. כבמִשְׁפַּ֤ט אֶחָד֙ יִֽהְיֶ֣ה לָכֶ֔ם כַּגֵּ֥ר כָּֽאֶזְרָ֖ח יִֽהְיֶ֑ה כִּ֛י אֲנִ֥י יְהֹוָ֖ה אֱלֹֽהֵיכֶֽם:
I am the Lord your God: the God of all of you. Just as I attach My Name uniquely upon you [native Jewish people], so do I attach it uniquely upon the converts [to Judaism]. אני ה' אלהיכם: אלהי כולכם, כשם שאני מיחד שמי עליכם כך אני מייחד שמי על הגרים:
23And Moses told [all this] to the children of Israel. So they took the blasphemer outside the camp and stoned him, and the children of Israel did just as the Lord had commanded Moses. כגוַיְדַבֵּ֣ר משֶׁה֘ אֶל־בְּנֵ֣י יִשְׂרָאֵל֒ וַיּוֹצִ֣יאוּ אֶת־הַֽמְקַלֵּ֗ל אֶל־מִחוּץ֙ לַמַּֽחֲנֶ֔ה וַיִּרְגְּמ֥וּ אֹת֖וֹ אָ֑בֶן וּבְנֵֽי־יִשְׂרָאֵ֣ל עָשׂ֔וּ כַּֽאֲשֶׁ֛ר צִוָּ֥ה יְהֹוָ֖ה אֶת־משֶֽׁה:
and the children of Israel did: the whole procedure of stoning, described elsewhere [in Scripture]-namely, “pushing” [him off a two-story building-see Rashi on Exod. 19:13 and Sanh. 45a] the actual “stoning” and “hanging” [him afterwards on a pole, taking him down before nightfall and burying him then-see Deut. 21:22-23 and Rashi there]. — [Torath Kohanim 24:252] ובני ישראל עשו: כל המצוה האמורה בסקילה במקום אחר דחייה, רגימה ותלייה:
Tehillim: Chapters 97 - 103
• Hebrew text
• English text
Chapter 97
1. When the Lord will reveal His kingship, the earth will exult; the multitudes of islands will rejoice.
2. Clouds and dense darkness will surround Him; justice and mercy will be the foundation of His throne.
3. Fire will go before Him and consume His foes all around.
4. His lightnings will illuminate the world; the earth will see and tremble.
5. The mountains will melt like wax before the Lord, before the Master of all the earth.
6. The heavens will declare His justice, and all the nations will behold His glory.
7. All who worship graven images, who take pride in idols, will be ashamed; all idol worshippers will prostrate themselves before Him.
8. Zion will hear and rejoice, the towns of Judah will exult, because of Your judgments, O Lord.
9. For You, Lord, transcend all the earth; You are exceedingly exalted above all the supernal beings.
10. You who love the Lord, hate evil; He watches over the souls of His pious ones, He saves them from the hand of the wicked.
11. Light is sown for the righteous, and joy for the upright in heart.
12. Rejoice in the Lord, you righteous, and extol His holy Name.
Chapter 98
This psalm describes how Israel will praise God for the Redemption.
1. A psalm. Sing to the Lord a new song, for He has performed wonders; His right hand and holy arm have wrought deliverance for Him.
2. The Lord has made known His salvation; He has revealed His justice before the eyes of the nations.
3. He has remembered His kindness and faithfulness to the House of Israel; all, from the farthest corners of the earth, witnessed the deliverance by our God.
4. Raise your voices in jubilation to the Lord, all the earth; burst into joyous song and chanting.
5. Sing to the Lord with a harp, with a harp and the sound of song.
6. With trumpets and the sound of the shofar, jubilate before the King, the Lord.
7. The sea and its fullness will roar in joy, the earth and its inhabitants.
8. The rivers will clap their hands, the mountains will sing together.
9. [They will rejoice] before the Lord, for He has come to judge the earth; He will judge the world with justice, and the nations with righteousness.
Chapter 99
This psalm refers to the wars of Gog and Magog, which will precede the Redemption.
1. When the Lord will reveal His kingship, the nations will tremble; the earth will quake before Him Who is enthroned upon the cherubim,
2. [before] the Lord Who is in Zion, Who is great and exalted above all the peoples.
3. They will extol Your Name which is great, awesome and holy.
4. And [they will praise] the might of the King Who loves justice. You have established uprightness; You have made [the laws of] justice and righteousness in Jacob.
5. Exalt the Lord our God, and bow down at His footstool; He is holy.
6. Moses and Aaron among His priests, and Samuel among those who invoke His Name, would call upon the Lord and He would answer them.
7. He would speak to them from a pillar of cloud; they observed His testimonies and the decrees which He gave them.
8. Lord our God, You have answered them; You were a forgiving God for their sake, yet bringing retribution for their own misdeeds.
9. Exalt the Lord our God, and bow down at His holy mountain, for the Lord our God is holy.
Chapter 100
This psalm inspires the hearts of those who suffer in this world. Let them, nevertheless, serve God with joy, for all is for their good, as in the verse: "He whom God loves does He chastise." The psalm also refers to the thanksgiving sacrifice-the only sacrifice to be offered in the Messianic era.
1. A psalm of thanksgiving. Let all the earth sing in jubilation to the Lord.
2. Serve the Lord with joy; come before Him with exultation.
3. Know that the Lord is God; He has made us and we are His, His people and the sheep of His pasture.
4. Enter His gates with gratitude, His courtyards with praise; give thanks to Him, bless His Name.
5. For the Lord is good; His kindness is everlasting, and His faithfulness is for all generations.
Chapter 101
This psalm speaks of David's secluding himself from others, and of his virtuous conduct even in his own home.
1. By David, a psalm. I will sing of [Your] kindness and justice; to You, O Lord, will I chant praise!
2. I will pay heed to the path of integrity-O when will it come to me? I shall walk with the innocence of my heart [even] within my house.
3. I shall not place an evil thing before my eyes; I despise the doing of wayward deeds, it does not cling to me.
4. A perverse heart shall depart from me; I shall not know evil.
5. He who slanders his fellow in secret, him will I cut down; one with haughty eyes and a lustful heart, him I cannot suffer.
6. My eyes are upon the faithful of the land, that they may dwell with me; he who walks in the path of integrity, he shall minister to me.
7. He that practices deceit shall not dwell within my house; the speaker of lies shall have no place before my eyes.
8. Every morning I will cut down all the wicked of the land, to excise all evildoers from the city of the Lord.
Chapter 102
An awe-inspiring prayer for the exiled, and an appropriate prayer for anyone in distress.
1. A prayer of the poor man when he is faint [with affliction], and pours out his tale of woe before the Lord.
2. O Lord, hear my prayer, let my cry reach You!
3. Hide not Your face from me on the day of my distress; turn Your ear to me; on the day that I call, answer me quickly.
4. For my days have vanished with the smoke; my bones are dried up as a hearth.
5. Smitten like grass and withered is my heart, for I have forgotten to eat my bread.
6. From the voice of my sigh, my bone cleaves to my flesh.
7. I am like the bird of the wilderness; like the owl of the wasteland have I become.
8. In haste I fled; I was like a bird, alone on a roof.
9. All day my enemies disgrace me; those who ridicule me curse using my name.1
10. For I have eaten ashes like bread, and mixed my drink with tears,
11. because of Your anger and Your wrath-for You have raised me up, then cast me down.
12. My days are like the fleeting shadow; I wither away like the grass.
13. But You, Lord, will be enthroned forever, and Your remembrance is for all generations.
14. You will arise and have mercy on Zion, for it is time to be gracious to her; the appointed time has come.
15. For Your servants cherish her stones, and love her dust.
16. Then the nations will fear the Name of the Lord, and all the kings of the earth Your glory,
17. when [they see that] the Lord has built Zion, He has appeared in His glory.
18. He turned to the entreaty of the prayerful, and did not despise their prayer.
19. Let this be written for the last generation, so that the newborn nation will praise the Lord.
20. For He looked down from His holy heights; from heaven, the Lord gazed upon the earth,
21. to hear the cry of the bound, to untie those who are doomed to die,
22. so that the Name of the Lord be declared in Zion, and His praise in Jerusalem,
23. when nations and kingdoms will gather together to serve the Lord.
24. He weakened my strength on the way; He shortened my days.
25. I would say: "My God, do not remove me in the midst of my days! You Whose years endure through all generations.”
26. In the beginning You laid the foundations of the earth, and the heavens are the work of Your hands.
27. They will perish, but You will endure; all of them will wear out like a garment; You will exchange them like a robe, and they will vanish.
28. But You remain the same; Your years will not end.
29. The children of Your servants will abide; their seed shall be established before You.
FOOTNOTES
1.When swearing, they would say, “If I am lying, may I become like the miserable Jews” (Metzudot).
Chapter 103
David's prayer when he was ill, this psalm is an appropriate prayer on behalf of the sick, especially when offered by the sick person himself while his soul is yet in his body. He can then bless God from his depths, body and soul. Read, and find repose for your soul.
1. By David. Bless the Lord, O my soul; and all my being, His holy Name.
2. My soul, bless the Lord; forget not all His favors:
3. Who forgives all your sins, Who heals all your illnesses;
4. Who redeems your life from the grave, Who crowns you with kindness and mercy;
5. Who satisfies your mouth with goodness; like the eagle, your youth is renewed.
6. The Lord executes righteousness and justice for all the oppressed.
7. He made His ways known to Moses, His deeds to the Children of Israel.
8. The Lord is compassionate and gracious, slow to anger and of great kindness.
9. He will not contend for eternity, nor harbor ill will forever.
10. He has not dealt with us according to our transgressions, nor requited us according to our sins.
11. For as high as heaven is above the earth, so has His kindness been mighty over those who fear Him.
12. As far as the east is from the west, so has He distanced our transgressions from us.
13. As a father has compassion on his children, so has the Lord had compassion on those who fear Him.
14. For He knows our nature; He is mindful that we are but dust.
15. As for man, his days are like grass; like a flower of the field, so he sprouts.
16. When a wind passes over him, he is gone; his place recognizes him no more.
17. But the kindness of the Lord is forever and ever upon those who fear Him, and His righteousness is [secured] for children's children,
18. to those who keep His covenant, and to those who remember His commands to do them.
19. The Lord has established His throne in the heavens, and His kingship has dominion over all.
20. Bless the Lord, you His angels who are mighty in strength, who do His bidding to obey the voice of His speech.
21. Bless the Lord, all His hosts, His servants who do His will.
22. Bless the Lord, all His works, in all the places of His dominion. My soul, bless the Lord!
• Hebrew text
• English text
Chapter 97
1. When the Lord will reveal His kingship, the earth will exult; the multitudes of islands will rejoice.
2. Clouds and dense darkness will surround Him; justice and mercy will be the foundation of His throne.
3. Fire will go before Him and consume His foes all around.
4. His lightnings will illuminate the world; the earth will see and tremble.
5. The mountains will melt like wax before the Lord, before the Master of all the earth.
6. The heavens will declare His justice, and all the nations will behold His glory.
7. All who worship graven images, who take pride in idols, will be ashamed; all idol worshippers will prostrate themselves before Him.
8. Zion will hear and rejoice, the towns of Judah will exult, because of Your judgments, O Lord.
9. For You, Lord, transcend all the earth; You are exceedingly exalted above all the supernal beings.
10. You who love the Lord, hate evil; He watches over the souls of His pious ones, He saves them from the hand of the wicked.
11. Light is sown for the righteous, and joy for the upright in heart.
12. Rejoice in the Lord, you righteous, and extol His holy Name.
Chapter 98
This psalm describes how Israel will praise God for the Redemption.
1. A psalm. Sing to the Lord a new song, for He has performed wonders; His right hand and holy arm have wrought deliverance for Him.
2. The Lord has made known His salvation; He has revealed His justice before the eyes of the nations.
3. He has remembered His kindness and faithfulness to the House of Israel; all, from the farthest corners of the earth, witnessed the deliverance by our God.
4. Raise your voices in jubilation to the Lord, all the earth; burst into joyous song and chanting.
5. Sing to the Lord with a harp, with a harp and the sound of song.
6. With trumpets and the sound of the shofar, jubilate before the King, the Lord.
7. The sea and its fullness will roar in joy, the earth and its inhabitants.
8. The rivers will clap their hands, the mountains will sing together.
9. [They will rejoice] before the Lord, for He has come to judge the earth; He will judge the world with justice, and the nations with righteousness.
Chapter 99
This psalm refers to the wars of Gog and Magog, which will precede the Redemption.
1. When the Lord will reveal His kingship, the nations will tremble; the earth will quake before Him Who is enthroned upon the cherubim,
2. [before] the Lord Who is in Zion, Who is great and exalted above all the peoples.
3. They will extol Your Name which is great, awesome and holy.
4. And [they will praise] the might of the King Who loves justice. You have established uprightness; You have made [the laws of] justice and righteousness in Jacob.
5. Exalt the Lord our God, and bow down at His footstool; He is holy.
6. Moses and Aaron among His priests, and Samuel among those who invoke His Name, would call upon the Lord and He would answer them.
7. He would speak to them from a pillar of cloud; they observed His testimonies and the decrees which He gave them.
8. Lord our God, You have answered them; You were a forgiving God for their sake, yet bringing retribution for their own misdeeds.
9. Exalt the Lord our God, and bow down at His holy mountain, for the Lord our God is holy.
Chapter 100
This psalm inspires the hearts of those who suffer in this world. Let them, nevertheless, serve God with joy, for all is for their good, as in the verse: "He whom God loves does He chastise." The psalm also refers to the thanksgiving sacrifice-the only sacrifice to be offered in the Messianic era.
1. A psalm of thanksgiving. Let all the earth sing in jubilation to the Lord.
2. Serve the Lord with joy; come before Him with exultation.
3. Know that the Lord is God; He has made us and we are His, His people and the sheep of His pasture.
4. Enter His gates with gratitude, His courtyards with praise; give thanks to Him, bless His Name.
5. For the Lord is good; His kindness is everlasting, and His faithfulness is for all generations.
Chapter 101
This psalm speaks of David's secluding himself from others, and of his virtuous conduct even in his own home.
1. By David, a psalm. I will sing of [Your] kindness and justice; to You, O Lord, will I chant praise!
2. I will pay heed to the path of integrity-O when will it come to me? I shall walk with the innocence of my heart [even] within my house.
3. I shall not place an evil thing before my eyes; I despise the doing of wayward deeds, it does not cling to me.
4. A perverse heart shall depart from me; I shall not know evil.
5. He who slanders his fellow in secret, him will I cut down; one with haughty eyes and a lustful heart, him I cannot suffer.
6. My eyes are upon the faithful of the land, that they may dwell with me; he who walks in the path of integrity, he shall minister to me.
7. He that practices deceit shall not dwell within my house; the speaker of lies shall have no place before my eyes.
8. Every morning I will cut down all the wicked of the land, to excise all evildoers from the city of the Lord.
Chapter 102
An awe-inspiring prayer for the exiled, and an appropriate prayer for anyone in distress.
1. A prayer of the poor man when he is faint [with affliction], and pours out his tale of woe before the Lord.
2. O Lord, hear my prayer, let my cry reach You!
3. Hide not Your face from me on the day of my distress; turn Your ear to me; on the day that I call, answer me quickly.
4. For my days have vanished with the smoke; my bones are dried up as a hearth.
5. Smitten like grass and withered is my heart, for I have forgotten to eat my bread.
6. From the voice of my sigh, my bone cleaves to my flesh.
7. I am like the bird of the wilderness; like the owl of the wasteland have I become.
8. In haste I fled; I was like a bird, alone on a roof.
9. All day my enemies disgrace me; those who ridicule me curse using my name.1
10. For I have eaten ashes like bread, and mixed my drink with tears,
11. because of Your anger and Your wrath-for You have raised me up, then cast me down.
12. My days are like the fleeting shadow; I wither away like the grass.
13. But You, Lord, will be enthroned forever, and Your remembrance is for all generations.
14. You will arise and have mercy on Zion, for it is time to be gracious to her; the appointed time has come.
15. For Your servants cherish her stones, and love her dust.
16. Then the nations will fear the Name of the Lord, and all the kings of the earth Your glory,
17. when [they see that] the Lord has built Zion, He has appeared in His glory.
18. He turned to the entreaty of the prayerful, and did not despise their prayer.
19. Let this be written for the last generation, so that the newborn nation will praise the Lord.
20. For He looked down from His holy heights; from heaven, the Lord gazed upon the earth,
21. to hear the cry of the bound, to untie those who are doomed to die,
22. so that the Name of the Lord be declared in Zion, and His praise in Jerusalem,
23. when nations and kingdoms will gather together to serve the Lord.
24. He weakened my strength on the way; He shortened my days.
25. I would say: "My God, do not remove me in the midst of my days! You Whose years endure through all generations.”
26. In the beginning You laid the foundations of the earth, and the heavens are the work of Your hands.
27. They will perish, but You will endure; all of them will wear out like a garment; You will exchange them like a robe, and they will vanish.
28. But You remain the same; Your years will not end.
29. The children of Your servants will abide; their seed shall be established before You.
FOOTNOTES
1.When swearing, they would say, “If I am lying, may I become like the miserable Jews” (Metzudot).
Chapter 103
David's prayer when he was ill, this psalm is an appropriate prayer on behalf of the sick, especially when offered by the sick person himself while his soul is yet in his body. He can then bless God from his depths, body and soul. Read, and find repose for your soul.
1. By David. Bless the Lord, O my soul; and all my being, His holy Name.
2. My soul, bless the Lord; forget not all His favors:
3. Who forgives all your sins, Who heals all your illnesses;
4. Who redeems your life from the grave, Who crowns you with kindness and mercy;
5. Who satisfies your mouth with goodness; like the eagle, your youth is renewed.
6. The Lord executes righteousness and justice for all the oppressed.
7. He made His ways known to Moses, His deeds to the Children of Israel.
8. The Lord is compassionate and gracious, slow to anger and of great kindness.
9. He will not contend for eternity, nor harbor ill will forever.
10. He has not dealt with us according to our transgressions, nor requited us according to our sins.
11. For as high as heaven is above the earth, so has His kindness been mighty over those who fear Him.
12. As far as the east is from the west, so has He distanced our transgressions from us.
13. As a father has compassion on his children, so has the Lord had compassion on those who fear Him.
14. For He knows our nature; He is mindful that we are but dust.
15. As for man, his days are like grass; like a flower of the field, so he sprouts.
16. When a wind passes over him, he is gone; his place recognizes him no more.
17. But the kindness of the Lord is forever and ever upon those who fear Him, and His righteousness is [secured] for children's children,
18. to those who keep His covenant, and to those who remember His commands to do them.
19. The Lord has established His throne in the heavens, and His kingship has dominion over all.
20. Bless the Lord, you His angels who are mighty in strength, who do His bidding to obey the voice of His speech.
21. Bless the Lord, all His hosts, His servants who do His will.
22. Bless the Lord, all His works, in all the places of His dominion. My soul, bless the Lord!
Tanya: Likutei Amarim, end of Chapter 49
• English Text (Lessons in Tanya)
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Iyar 20, 5778 · May 5, 2018
Today's Tanya Lesson
Likutei Amarim, end of Chapter 49
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והנה כאשר ישים המשכיל אלה הדברים אל עומקא דלבא ומוחא, אזי ממילא כמים הפנים לפנים
When the thinking person will reflect on these matters in the depths of his heart and brain, then as surely as water mirrors the image of a face,
When the love likened to “water mirroring the image of a face” takes effect in a person, so that G‑d’s manifest love for His people arouses in him a corresponding love towards Him, then:
תתלהט נפשו ותתלבש ברוח נדיבה, להתנדב להניח ולעזוב כל אשר לו מנגד, ורק לדבקה בו יתברך, וליכלל באורו בדביקה חשיקה וכו׳, בבחינת נשיקין ואתדבקות רוחא ברוחא כנ״ל
his soul will spontaneously be kindled with love for G‑d, and it will clothe itself in a spirit of benevolence, willingly to lay down and resolutely to abandon all he possesses, for it will no longer be of major importance to him, in order only to cleave unto Him, and to be absorbed into His light with an attachment and longing, and so forth, in a manner of “kissing”, and with an attachment of spirit to Spirit, as has been explained earlier.
Just as kissing involves not only the cleaving of mouths but also a communion of breaths, so too does spiritual unity involve the union of man’s spirit with G‑d’s: man’s spirit becomes one with G‑d’s.
אך איך היא בחינת אתדבקות רוחא ברוחא
But how does the attachment of spirit to Spirit take place? I.e., what measures are to be taken if one seeks to desire to “only cleave to Him”?
לזה אמר: והיו הדברים האלה גו׳ על לבבך, ודברת בם גו׳
To this end it is stated, soon after the phrase, “with all your heart,” and so on:1 “And these words shall be... upon your heart.... And you shall speak of them....” As will soon be explained, this refers to immersing oneself in the study of Torah and speaking words of Torah.
וכמו שכתוב בעץ חיים, שיחוד הנשיקין עיקרו הוא יחוד חב״ד בחב״ד, והוא עיון התורה
As is explained in Etz Chayim, the union of “kissing” which incorporates the union of the “attachment of spirit to Spirit” is essentially the union of ChaBaD with ChaBaD — the union of man’s Chochmah, Binah and Daat with G‑d’s; that is, concentration in the Torah, which unites man’s ChaBaD with the intellect of above, i.e., Torah,
והפה הוא מוצא הרוח וגילויו בבחינת גילוי, והיינו בחינת הדבור בדברי תורה
while the mouth, as the outlet of the breath and its emergence into a revealed state, represents the category of speech engaged in words of the Torah,
By speaking words of Torah — as it is written, “And you shall speak of them” — the spirit emerges into a revealed state. Thus, the union of “spirit with Spirit” is mainly brought about by one’s immersion in Torah study. The reason for this follows:
כי על כל מוצא פי ה׳ יחיה האדם
for,2 “By every word that proceeds from G‑d’s mouth does man live.”
The mouth is thus the outlet of the breath. However, since what is crucial is understanding Torah, for through this the union of “spirit with Spirit” is effected, why must one utter the words in order to arrive at this love?
The Alter Rebbe now addresses himself to this question and says, that while it is true that for “man” himself — i.e., the divine soul — cleaving to G‑d is attained chiefly through understanding Torah, yet this only suffices for the divine soul. In order for the divine plan to be realized, i.e., that G‑dliness be drawn down upon the animal soul as well and into the world as a whole, one must speak words of Torah. This is because physical words are uttered by the animal soul, which in turn is affected by them.
Since a person has the strength to speak because he receives physical nourishment, it follows that when he utters words of Torah, G‑d’s ultimate intent of drawing down holiness into this physical world is realized, and the “whole world is filled with His glory.”
(Understandably, this selfsame reason applies not only to speaking words of Torah, but also explains whymitzvot are to be performed with the physical body and utilizing objects of the material world, for it is through them that G‑dliness is manifest in the animal soul and in the material world as a whole. Here, however, the matter under discussion is Torah knowledge. In this instance, although nothing can unite the divine soul with its Source more completely than the contemplation of Torah, it is nevertheless necessary for one to utter the words of Torah as well, in order to draw down G‑dliness into one’s animal soul and, indeed, into the whole material world.)
ומכל מקום לא יצא ידי חובתו בהרהור ועיון לבדו
However, one does not fulfill one’s obligation by meditation and deliberation alone,
I.e., one’s obligation is not fulfilled thereby, even though such deliberation leads to the lofty union of his soul with G‑d in a manner of the cleaving of “spirit with Spirit.”
עד שיוציא בשפתיו, כדי להמשיך אור אין סוף ברוך הוא למטה עד נפש החיונית השוכנת בדם האדם, המתהוה מדומם צומח חי
unless one expresses the words with his lips, in order to draw the [infinite] light of the blessedEin Sof downwards even unto the vivifying soul which dwells in the blood of man, which in turnis produced by the intake of food from the mineral, vegetable and animal [worlds].
That is to say: Eating and drinking produce the blood in which the vivifying soul is clothed, and G‑dliness is drawn down into all the above-mentioned worlds when one speaks words of Torah.
כדי להעלות כולן לה׳ עם כל העולם כולו, ולכללן ביחודו ואורו יתברך, אשר יאיר לארץ ולדרים עליה בבחינת גילוי, ונגלה כבוד ה׳ וראו כל בשר וגו׳
One thereby elevates them all — the vivifying soul, and the mineral, vegetable and animal worlds — to G‑d, together with the entire universe, and causes them to be absorbed in His blessed Unity and light, which will illumine the world and its inhabitants in a revealed manner, in the spirit of the verse that says:3 “And the glory of G‑d shall be revealed” — so much so, indeed, that “all fleshshall see it....”
שזהו תכלית השתלשלות כל העולמות, להיות כבוד ה׳ מלא כל הארץ הלזו דוקא בבחינת גילוי, לאהפכא חשוכא לנהורא ומרירא למיתקא, כנ״ל באריכות
For this is the purpose of the progressive descent of all the worlds — that the glory of G‑d may pervade this physical world especially, in a revealed manner, to change the darkness of kelipotinto the light of holiness, and the bitterness of the world, whose life-force is from kelipat nogah, into thesweetness of goodness and holiness, as has been explained above in ch. 36 at length.
וזהו תכלית כוונת האדם בעבודתו: להמשיך אור אין סוף ברוך הוא למטה
And this is the essence of the intent of man’s service: to draw the [infinite] light of the blessedEin Sof down below.
Therefore, although man’s spiritual service and deep understanding of Torah are able (through thought alone) to fulfill the objective of his love — to cleave to G‑d in a manner of the cleaving of “spirit with Spirit,” yet the intent of his service should not only be for the sake of his divine soul. It must also be in keeping with G‑d’s desire of drawing down G‑dliness into this material world. And this is accomplished through speaking words of Torah.
Now before commanding us to place “these words [of the Torah] upon your heart,” and continuing by saying that “you shall speak in them,” the Torah says: “You shall love the L‑rd your G‑d with all your heart, and with all your soul, and with all your might.” For before G‑dliness is drawn down through Torah, man must first initiate an arousal of love on his part. Only then will G‑dliness be drawn down through Torah and mitzvot. This is what the Alter Rebbe now says:
רק שצריך תחלה העלאת מ״ן
However, the initiative must come through the “elevation of mahn” (מן — an acronym of the wordsmayin nukvin, lit., “female waters,” which in Kabbalistic terminology signifies the arousal and elevation of the “female”, i.e., the recipient),
למסור לו נפשו ומאודו כנ״ל
surrendering to Him one’s soul and one’s all, as has been explained above.
In order for G‑dliness to be properly drawn down through Torah and mitzvot, it is first necessary that there be the “elevation of mahn,” emanating from man’s love of G‑d to the degree that he is ready to forgo everything for His sake.
* * *
With this the Alter Rebbe concludes the theme beginning in ch. 46 regarding the love likened to “water mirroring the image of a face,” and concerning which he had said that the Shema and its introductory blessings are especially effective in awakening it.
Commentary of the Rebbe
On the Conclusion of Chapter Forty-Nine
“But how does... while the mouth.... However, one does not fulfill.... For this is the purpose....”
The Rebbe here asks six questions:
(1) What, in general terms, is the Alter Rebbe’s intent in introducing the passage that begins, “But how does the attachment of spirit to Spirit take place”?
(2) The section from “while the mouth” to “does man live” seems to be superfluous. Since the Alter Rebbe goes on to say that in Torah study deliberation alone does not suffice, and one must also express the words with his lips in order to draw down the light of Ein Sof into the world, nothing appears to be gained by adding, “while the mouth... does man live.”
(3) When the Alter Rebbe quotes the verse, “By every word that proceeds from G‑d’s mouth does man live,” and does not expound on it at all, he is evidently referring to the simple meaning of the text (and not as some would say, that it refers to ChaBaD, the source of Divine speech). What connection, then, is there between the simple textual meaning and the context?
(4) What is the meaning of the words “and its emergence into a revealed state” in the phrase, “as the outlet of the breath and its emergence into a revealed state?” Indeed, the Hebrew original here would appear to be repetitious.
(5) How is this all connected to what is being discussed at the end of ch. 49?
(6) Moreover: “For this is the purpose of the progressive descent of all the worlds” surely belongs in ch. 36, where this matter is discussed at length. Indeed, the Alter Rebbe refers here to that chapter when he says, “as has been explained above at length.” Here, it would seem, is not the place to treat this subject at all, even briefly.
* * *
In order to better understand the answers of the Rebbe to these questions, a brief introduction is in order.
The concept called the “unity of kissing” bespeaks the revelation of a level of love so inward that it cannot be revealed in speech. Thus, too, the verse that says, “He shall kiss me with the kisses of His mouth,” which alludes to Torah, indicates that through Torah a Jew is united with G‑d in a manner of “kissing”; i.e., there is revealed within him a manifestation of G‑dliness which is essentially removed from the realm of revelation. Only because of this inward love is it revealed at all.
This revelation comes about only through spirit and breath, and begins in “intelligence”; i.e., the revelation is drawn down to the Supernal ChaBaD. When the soul of a Jew understands the intellect of Torah, which is the Supernal ChaBaD, his spirit (intellect) is unified with the Spirit and Intellect Above. This unification of mortalChaBaD with the Supernal ChaBaD is the highest existing form of unity (as explained in ch. 5).
Intellect itself, however, especially when it is involved in the stage of scholarly polemics, is found within a person in a concealed manner. Even after a debate crystallizes into a final halachic decision it is still concealed, when considered in relation to his soul at large, and especially in relation to his animal soul and body.
However, when the concept in question or its legal outcome is verbalized (and speech after all belongs to “the world of revelation”), then not only is there a revelation of the profound thinking that was involved in the stage of intellectual give and take, but even relative to the revelation of intellect as expressed in the final halachic decision, the Torah student’s speech constitutes a revelation.
From the above it becomes clear that the unity of “kissing” is effected chiefly at the level of ChaBaD; there it is able to reveal that which is essentially beyond revelation. This is also the meaning of the expression of the Sages, that “HaKadosh Baruch Hu sits and studies Torah.” This means that He who is essentially Kadosh — Holy, separate and apart — “sits” at (i.e., lowers Himself into) the level of Torah. And through Torah study it is granted to an individual to absorb this level within himself.
Nevertheless, the complete revelation of this connection both Above and below is accomplished through speech. When it is revealed in Supernal Speech and echoed in man’s speech, then it truly illuminates man’s soul.
* * *
Following this introduction, the commentary of the Rebbe will be better understood:
Until this point it has been explained that as a result of the blessings preceding the Shema and of the Shemaitself, “the intelligent person will reflect on these matters in the depth of his heart and brain,” and then “his soul will be kindled” and he will desire to cleave to G‑d. The direction taken by this form of divine service is elevation “from below to above,” i.e., the individual desires to leave the bounds and limitations of the world, and become one with G‑d.
This feeling can find expression in the “expiry of the soul” (klot hanefesh) in its love for G‑d. (This surely does not result in any obligation to study Torah or the like in order to draw G‑dliness down below. On the contrary, a person in this situation is in a state of longing and “expiry of his soul” in order to become united with G‑d as He is Above.)
The Alter Rebbe therefore begins this passage by saying, “But how does the attachment of spirit to Spirit take place?” — Not as we may have expected, as described above, but: “To this end it is stated, ‘And these words shall be... upon your heart.’*”
The Alter Rebbe is telling us something completely new: the cleaving of “spirit to Spirit” is accomplished not through the “expiry of the soul,” but through fulfilling the commandment that “these words shall be... upon yourheart” — through applying one’s intellect to the study of Torah.
Moreover, it is accomplished through fulfilling the commandment that “you shall speak of them,” throughspeaking words of Torah — and the direction taken by this form of divine service is contrary to elevation “from below to above,” for speech signifies drawing down, and revelation.
Since there must be a “cleaving of spirit to Spirit,” and Supernal Spirit is Supernal Wisdom, i.e., Torah, concentration in Torah therefore effects (as explained in ch. 5) the ultimate unity of man’s ChaBaD with G‑d’s — and this is the “cleaving of spirit to Spirit.”
However, one might think that uttering the words of Torah on which a person had already been deliberating only reveals the unification of ChaBaD with ChaBaD, and no more than this is accomplished by fulfilling the commandment that “you shall speak of them.” (In other words, we might think that speech merely relates that which has transpired in one’s intellect, namely, that his intellect is united with the Supernal Intellect.)
If this were so, it would contradict statements appearing in chs. 45 and 46, and also contradict the meaning of the verse, “He shall kiss me with the kisses of His mouth,” which as explained earlier signifies the unification of man’s speech with G‑d’s speech, G‑d’s speech being the Halachah.
The Alter Rebbe therefore goes on to state: “while the mouth,” i.e., the Supernal mouth as well as man’s mouth (kissing being from mouth to mouth), “is the outlet of the breath and its emergence into a revealed state.” He does not provide any additional explanation since he speaks of the simple meaning of these words, namely that the mouth emits the spirit and wisdom on which the person has previously concentrated. This is “its revelation,” the revelation of the spirit, which is the revelation of the thinking process and of its conclusion. All this is emitted by the mouth in a manner of revelation.
(This means the following: The “spirit” refers to intellectual concentration. Then there is “its revelation,” the revelation of the “spirit” being the intellectual conclusion. All this is emitted by the mouth in a manner of revelation. Before the words are uttered by the mouth, the conclusion existed only in the mind. Through speech, however, both the thinking process and its conceptual conclusion are revealed into actuality.)
The Alter Rebbe therefore concludes that “the mouth... represents the category of speech engaged in words of Torah.” It is necessary for the Torah concepts and conclusions of one’s study to be revealed within the spoken word. The reason for this is given in his next phrase: “for by every word that proceeds from G‑d’s mouth does man live.” The word that ultimately proceeds from G‑d’s mouth is not the preliminary stage of scholarly concentration and debate, but “the word of Halachah,” the final ruling on the question discussed. And on this does man live.
Yet, something still requires clarification: The need for “attachment of spirit to Spirit” through concentration in Torah is understandable. However, what impels us to say that the resulting desire to be absorbed in G‑d’s lightmust find expression in speaking words of Torah? — For speech draws downward: its direction in divine service is exactly opposite to the desire of being absorbed in G‑d.
The Alter Rebbe therefore says that were it only a matter of a person’s desire to be absorbed in G‑d, then it really would not be necessary for him to speak words of Torah; meditation would suffice. However, were he not to speak words of Torah he would be shirking an obligation. As the Alter Rebbe goes on to say: “However, one does not fulfill one’s obligation by meditation and deliberation alone.”
A Jew is obliged to draw down the infinite light of the Ein Sof even unto the vivifying soul and the world as a whole. This obligation cannot be fulfilled through meditation and contemplation, but only through speaking words of Torah.
It would seem, however, that this is a distinct and separate obligation, quite unconnected with the love which results in the cleaving of “spirit to Spirit,” a level attained through the divine service involved in the blessings preceding the Shema as well as through the Shema itself.
The Alter Rebbe therefore explains that there indeed does exist a connection between the two. By speaking words of Torah and thereby causing G‑dliness to descend upon his vivifying soul and the mineral, vegetable and animal worlds, the individual will thereby also cause their elevation; they will all be raised to G‑d, and absorbed in His light. Thus, the selfsame thing the person effects within himself through meditating on Torah, he also effects in his vivifying soul and in the world at large by speaking words of Torah.
There still remains to be understood the connection between (a) elevating the world to G‑dliness and (b) the contents of the blessings preceding the Shema, as well as the beginning of the Shema itself (until “And these words...”). Seemingly they are separate and distinct manners of service.
Even the purpose of uniting man’s speech with G‑d’s lies not in his being “kindled with love,” but is rather intended to achieve an opposite effect (as mentioned previously). All the more so with regard to the elevation of the material world to G‑d. How is this connected with the blessings preceding the Shema, the Shema itself, and its resulting love?
This is explained by the Alter Rebbe when he goes on to say: “For this is the purpose of the progressive descent of all the worlds...,” and “this is the essence of the intent of man’s service.” Man’s purpose is to serve G‑d, and the purpose of all worlds is for G‑d’s glory to pervade them. This is the general content and the ultimate conclusion of the blessings preceding the Shema (for the purpose of the divine service of Jewish souls and indeed the purpose of all the Worlds is to draw down G‑dliness below, as mentioned in the previous chapters regarding the meditation that should accompany the recitation of these blessings).
Thus there is a strong and direct connection between the ultimate purpose of these blessings and the elevation of the vivifying soul and the whole world to G‑dliness.
But how is this connected to the love of G‑d through the “cleaving of spirit to Spirit”? The Alter Rebbe explains this connection by concluding: “However, [one must take the step of] surrendering to Him his soul and his all.” This means to say that unless one first takes the initiative of surrendering himself to G‑d, G‑dliness will not be manifest in the world.
* * *
According to the exposition of the Rebbe, all six above-mentioned questions are now answered; we understand the need for each and every phrase in the text. Additionally, many points found in other chapters ofTanya are now understood as well.
In ch. 5, for example, the Alter Rebbe speaks of the union of man’s ChaBaD with G‑d’s through a deep comprehension of the Torah. He begins the chapter by giving an example of a person who understands ahalachah. At the end of that chapter, however, when he is not intent on stressing the kind of unity that exists “from every side and angle,” he speaks of the knowledge of Torah in general, not specifically of the Halachah.
The reason for this is that in order to achieve unity “from every side and angle” through understanding Torah, it is necessary that this knowledge be revealed within one’s soul. This revelation is achieved specifically through the final decision of the Halachah, and is lacking in the intellectual give and take which precedes it, as has been explained earlier.
In chs. 45 and 46, likewise, where the Alter Rebbe speaks of the unity of “kissing”, he emphasizes “the Wordof G‑d, which is the Halachah,” and not the intellectual debate preceding it. For only within the “Word of G‑d,” the halachic ruling, is there to be found the intense degree of revelation which is called the “kisses of His mouth.”This serves to explain other sections of Tanya as well.
The Rebbe here solves an additional knotty problem: In chs. 45 and 46 the Alter Rebbe explains that “kissing” means speaking words of Torah. This is puzzling, for the distinctive quality of the degree of union called “kissing” lies in the fact that it transcends speech: it cannot be distilled in speech.
However, this will be understood in light of a statement of the Alter Rebbe in Likkutei Torah, Shir HaShirim(p. 1d), where he explains that the love described in the verse, “He shall kiss me with the kisses of His mouth,” which refers to Torah, is similar to the love of a father for his only child. The love felt by the father for his child is so great that it cannot be expressed in any spiritual manner, but must be contracted, ultimately finding expression in the form of a physical kiss. The same is true with regard to Torah.
It is thus evident that the extremely exalted revelation of the love called “kissing” can find expression only when it is contracted and condensed in the breath, spirit and speech of Torah.
The concept alluded to there (in Likkutei Torah), and discussed more elaborately by the Alter Rebbe in themaamar on Shir HaShirim in Sefer HaMaamarim: Hanachot HaRap zal (p. 142), enables us to appreciate more fully what is actually achieved by fulfilling the commandment that “you shall speak of them.” For we see from the discourses cited above, that speaking words of Torah is no mere verbal description of what is occurring in the person’s ChaBaD (namely, that his ChaBaD is connected to G‑d’s); rather, the very contraction represented by the descent of Torah into his speech is the vehicle through which the intense divine love termed “kissing” is expressed.
We also understand from those discourses why the union of “kissing” must be preceded by the person loving G‑d through giving Him “his all.”
When the mode of divine illumination that does not normally descend to the point of revelation, leaps over the bounds of divine self-limitation, and is in fact revealed by means of tzimtzum (“contraction”, “condensation”), this transcending revelation is called dilug (lit., a “leap”). In order to trigger off such a “leap” in the Worlds Above, it is necessary for the individual below to make a corresponding leap — by loving G‑d to the point of giving Him “his all.”
It now also becomes clear that the great merit of speech notwithstanding, “kissing” is primarily expressed in the unification of ChaBaD with ChaBaD. To borrow the phrase of the Sages: G‑d, who is essentially transcendent, i.e., HaKadosh Baruch Hu — the Holy (lit., separate) One, blessed be He — “*’sits‘ (i.e., descends) and studies Torah”: the illumination descends below.
The Rebbe also answers another vexing question. Generally, whenever unification of the level of “kissing” is discussed in Chassidut, the explanation is given that “kissing” results from the great love of the one who gives the “kiss”. This being so, what connection can this possibly have to ChaBaD, which is, after all, a manifestation of intellect, not of love?
According to the explanations in the above-mentioned discourses, this too becomes clear. The inner love transforms or creates the faculties of ChaBaD, so that by virtue of this inner love an illumination which is essentially beyond revelation is drawn down into ChaBaD. As this is expressed in Tanya: “His great Name” is drawn down to the Jewish people because of His great love for them. In similar vein, the Rebbe cites the Siddurof the Alter Rebbe, Derushei Chanukah, p. 273a, which states that “kissing” derives from the “internal aspect of heart and mind,” for it is by virtue of the inward love of the heart that revelation occurs in the mind.
To sum up: According to the commentary of the Rebbe on the explanation given in ch. 49 by the Alter Rebbe about the level of unification called “kissing”, we come to understand that it denotes the revelation of an illumination which essentially is beyond the pale of revelation. This love is “holy” (i.e., apart), and is revealed only because of G‑d’s great inner love for the Jewish people. Concerning this love it is written, “He shall kiss me with the kisses of His mouth,” which refers to Torah.
Through studying Torah, a Jew is united with G‑d in a manner of “kissing”, and of the “cleaving of spirit to Spirit.” This love is first manifested in the intellectual faculties of ChaBaD, the illumination first descending into Supernal Intellect. The Rabbis express it thus: “The Holy One sits and studies Torah” — G‑d Who is “holy” (i.e., detached) “sits” and descends into Torah.
The intellect of Torah — Supernal Intellect — is the “Spirit” as it is found above. When a Jew thoroughly comprehends the Supernal Intellect that is vested in the Torah, then his spirit — his intellect — is united with the Supernal Intellect and Spirit, this being the “cleaving of spirit to Spirit.”
“Kissing”, however, takes place from mouth to mouth, for it is through one’s mouth that the inner spirit and breath is revealed, and it is through the mouth that the inner love is expressed. So, too, regarding Torah. When someone fulfills the commandment that “you shall speak of them,” this not only tells us that his ChaBaD(intellect) is unified with the Supernal ChaBaD and Intellect, but it also serves to reveal the halachic conclusion, the “spirit”, of Torah.
When one’s intellect is immersed in the depths of debate, the “spirit” is in a state of concealment. Only when it is fully revealed, when one articulates the crystallized halachah, does it reach its most complete state — the “kisses of the mouth.”
FOOTNOTES
1. Devarim 6:6-7.
2. Devarim 8:3.
3. Yeshayahu 40:5.
Rambam:
• Sefer Hamitzvot:
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Iyar 20, 5778 · May 5, 2018
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
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The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 97
Ritual Impurity of Sheratzim
We are commanded regarding the ritual impurity [contained in and emitted by] certain creeping animals, known as sheratzim, listed in the Torah. [I.e., when contracted, one must follow all the laws associated with this impurity.]
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Ritual Impurity of Sheratzim
Positive Commandment 97
Translated by Berel Bell
The 97th mitzvah is that we are commanded regarding the tumah of the eight types of sheratzim.1 This mitzvah includes tumas sheretz and all its laws.2
FOOTNOTES
1.
See Lev. 11:29-38. Kaplan (The Living Torah, 1981) translates them as the weasel, mouse, ferret, hedgehog, chameleon, lizard, snail, and mole.
2.
See Hilchos Shaar Avos HaTuma'os, Chapter 4.
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Iyar 20, 5778 · May 5, 2018
Today's Tanya Lesson
Likutei Amarim, end of Chapter 49
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והנה כאשר ישים המשכיל אלה הדברים אל עומקא דלבא ומוחא, אזי ממילא כמים הפנים לפנים
When the thinking person will reflect on these matters in the depths of his heart and brain, then as surely as water mirrors the image of a face,
When the love likened to “water mirroring the image of a face” takes effect in a person, so that G‑d’s manifest love for His people arouses in him a corresponding love towards Him, then:
תתלהט נפשו ותתלבש ברוח נדיבה, להתנדב להניח ולעזוב כל אשר לו מנגד, ורק לדבקה בו יתברך, וליכלל באורו בדביקה חשיקה וכו׳, בבחינת נשיקין ואתדבקות רוחא ברוחא כנ״ל
his soul will spontaneously be kindled with love for G‑d, and it will clothe itself in a spirit of benevolence, willingly to lay down and resolutely to abandon all he possesses, for it will no longer be of major importance to him, in order only to cleave unto Him, and to be absorbed into His light with an attachment and longing, and so forth, in a manner of “kissing”, and with an attachment of spirit to Spirit, as has been explained earlier.
Just as kissing involves not only the cleaving of mouths but also a communion of breaths, so too does spiritual unity involve the union of man’s spirit with G‑d’s: man’s spirit becomes one with G‑d’s.
אך איך היא בחינת אתדבקות רוחא ברוחא
But how does the attachment of spirit to Spirit take place? I.e., what measures are to be taken if one seeks to desire to “only cleave to Him”?
לזה אמר: והיו הדברים האלה גו׳ על לבבך, ודברת בם גו׳
To this end it is stated, soon after the phrase, “with all your heart,” and so on:1 “And these words shall be... upon your heart.... And you shall speak of them....” As will soon be explained, this refers to immersing oneself in the study of Torah and speaking words of Torah.
וכמו שכתוב בעץ חיים, שיחוד הנשיקין עיקרו הוא יחוד חב״ד בחב״ד, והוא עיון התורה
As is explained in Etz Chayim, the union of “kissing” which incorporates the union of the “attachment of spirit to Spirit” is essentially the union of ChaBaD with ChaBaD — the union of man’s Chochmah, Binah and Daat with G‑d’s; that is, concentration in the Torah, which unites man’s ChaBaD with the intellect of above, i.e., Torah,
והפה הוא מוצא הרוח וגילויו בבחינת גילוי, והיינו בחינת הדבור בדברי תורה
while the mouth, as the outlet of the breath and its emergence into a revealed state, represents the category of speech engaged in words of the Torah,
By speaking words of Torah — as it is written, “And you shall speak of them” — the spirit emerges into a revealed state. Thus, the union of “spirit with Spirit” is mainly brought about by one’s immersion in Torah study. The reason for this follows:
כי על כל מוצא פי ה׳ יחיה האדם
for,2 “By every word that proceeds from G‑d’s mouth does man live.”
The mouth is thus the outlet of the breath. However, since what is crucial is understanding Torah, for through this the union of “spirit with Spirit” is effected, why must one utter the words in order to arrive at this love?
The Alter Rebbe now addresses himself to this question and says, that while it is true that for “man” himself — i.e., the divine soul — cleaving to G‑d is attained chiefly through understanding Torah, yet this only suffices for the divine soul. In order for the divine plan to be realized, i.e., that G‑dliness be drawn down upon the animal soul as well and into the world as a whole, one must speak words of Torah. This is because physical words are uttered by the animal soul, which in turn is affected by them.
Since a person has the strength to speak because he receives physical nourishment, it follows that when he utters words of Torah, G‑d’s ultimate intent of drawing down holiness into this physical world is realized, and the “whole world is filled with His glory.”
(Understandably, this selfsame reason applies not only to speaking words of Torah, but also explains whymitzvot are to be performed with the physical body and utilizing objects of the material world, for it is through them that G‑dliness is manifest in the animal soul and in the material world as a whole. Here, however, the matter under discussion is Torah knowledge. In this instance, although nothing can unite the divine soul with its Source more completely than the contemplation of Torah, it is nevertheless necessary for one to utter the words of Torah as well, in order to draw down G‑dliness into one’s animal soul and, indeed, into the whole material world.)
ומכל מקום לא יצא ידי חובתו בהרהור ועיון לבדו
However, one does not fulfill one’s obligation by meditation and deliberation alone,
I.e., one’s obligation is not fulfilled thereby, even though such deliberation leads to the lofty union of his soul with G‑d in a manner of the cleaving of “spirit with Spirit.”
עד שיוציא בשפתיו, כדי להמשיך אור אין סוף ברוך הוא למטה עד נפש החיונית השוכנת בדם האדם, המתהוה מדומם צומח חי
unless one expresses the words with his lips, in order to draw the [infinite] light of the blessedEin Sof downwards even unto the vivifying soul which dwells in the blood of man, which in turnis produced by the intake of food from the mineral, vegetable and animal [worlds].
That is to say: Eating and drinking produce the blood in which the vivifying soul is clothed, and G‑dliness is drawn down into all the above-mentioned worlds when one speaks words of Torah.
כדי להעלות כולן לה׳ עם כל העולם כולו, ולכללן ביחודו ואורו יתברך, אשר יאיר לארץ ולדרים עליה בבחינת גילוי, ונגלה כבוד ה׳ וראו כל בשר וגו׳
One thereby elevates them all — the vivifying soul, and the mineral, vegetable and animal worlds — to G‑d, together with the entire universe, and causes them to be absorbed in His blessed Unity and light, which will illumine the world and its inhabitants in a revealed manner, in the spirit of the verse that says:3 “And the glory of G‑d shall be revealed” — so much so, indeed, that “all fleshshall see it....”
שזהו תכלית השתלשלות כל העולמות, להיות כבוד ה׳ מלא כל הארץ הלזו דוקא בבחינת גילוי, לאהפכא חשוכא לנהורא ומרירא למיתקא, כנ״ל באריכות
For this is the purpose of the progressive descent of all the worlds — that the glory of G‑d may pervade this physical world especially, in a revealed manner, to change the darkness of kelipotinto the light of holiness, and the bitterness of the world, whose life-force is from kelipat nogah, into thesweetness of goodness and holiness, as has been explained above in ch. 36 at length.
וזהו תכלית כוונת האדם בעבודתו: להמשיך אור אין סוף ברוך הוא למטה
And this is the essence of the intent of man’s service: to draw the [infinite] light of the blessedEin Sof down below.
Therefore, although man’s spiritual service and deep understanding of Torah are able (through thought alone) to fulfill the objective of his love — to cleave to G‑d in a manner of the cleaving of “spirit with Spirit,” yet the intent of his service should not only be for the sake of his divine soul. It must also be in keeping with G‑d’s desire of drawing down G‑dliness into this material world. And this is accomplished through speaking words of Torah.
Now before commanding us to place “these words [of the Torah] upon your heart,” and continuing by saying that “you shall speak in them,” the Torah says: “You shall love the L‑rd your G‑d with all your heart, and with all your soul, and with all your might.” For before G‑dliness is drawn down through Torah, man must first initiate an arousal of love on his part. Only then will G‑dliness be drawn down through Torah and mitzvot. This is what the Alter Rebbe now says:
רק שצריך תחלה העלאת מ״ן
However, the initiative must come through the “elevation of mahn” (מן — an acronym of the wordsmayin nukvin, lit., “female waters,” which in Kabbalistic terminology signifies the arousal and elevation of the “female”, i.e., the recipient),
למסור לו נפשו ומאודו כנ״ל
surrendering to Him one’s soul and one’s all, as has been explained above.
In order for G‑dliness to be properly drawn down through Torah and mitzvot, it is first necessary that there be the “elevation of mahn,” emanating from man’s love of G‑d to the degree that he is ready to forgo everything for His sake.
* * *
With this the Alter Rebbe concludes the theme beginning in ch. 46 regarding the love likened to “water mirroring the image of a face,” and concerning which he had said that the Shema and its introductory blessings are especially effective in awakening it.
Commentary of the Rebbe
On the Conclusion of Chapter Forty-Nine
“But how does... while the mouth.... However, one does not fulfill.... For this is the purpose....”
The Rebbe here asks six questions:
(1) What, in general terms, is the Alter Rebbe’s intent in introducing the passage that begins, “But how does the attachment of spirit to Spirit take place”?
(2) The section from “while the mouth” to “does man live” seems to be superfluous. Since the Alter Rebbe goes on to say that in Torah study deliberation alone does not suffice, and one must also express the words with his lips in order to draw down the light of Ein Sof into the world, nothing appears to be gained by adding, “while the mouth... does man live.”
(3) When the Alter Rebbe quotes the verse, “By every word that proceeds from G‑d’s mouth does man live,” and does not expound on it at all, he is evidently referring to the simple meaning of the text (and not as some would say, that it refers to ChaBaD, the source of Divine speech). What connection, then, is there between the simple textual meaning and the context?
(4) What is the meaning of the words “and its emergence into a revealed state” in the phrase, “as the outlet of the breath and its emergence into a revealed state?” Indeed, the Hebrew original here would appear to be repetitious.
(5) How is this all connected to what is being discussed at the end of ch. 49?
(6) Moreover: “For this is the purpose of the progressive descent of all the worlds” surely belongs in ch. 36, where this matter is discussed at length. Indeed, the Alter Rebbe refers here to that chapter when he says, “as has been explained above at length.” Here, it would seem, is not the place to treat this subject at all, even briefly.
* * *
In order to better understand the answers of the Rebbe to these questions, a brief introduction is in order.
The concept called the “unity of kissing” bespeaks the revelation of a level of love so inward that it cannot be revealed in speech. Thus, too, the verse that says, “He shall kiss me with the kisses of His mouth,” which alludes to Torah, indicates that through Torah a Jew is united with G‑d in a manner of “kissing”; i.e., there is revealed within him a manifestation of G‑dliness which is essentially removed from the realm of revelation. Only because of this inward love is it revealed at all.
This revelation comes about only through spirit and breath, and begins in “intelligence”; i.e., the revelation is drawn down to the Supernal ChaBaD. When the soul of a Jew understands the intellect of Torah, which is the Supernal ChaBaD, his spirit (intellect) is unified with the Spirit and Intellect Above. This unification of mortalChaBaD with the Supernal ChaBaD is the highest existing form of unity (as explained in ch. 5).
Intellect itself, however, especially when it is involved in the stage of scholarly polemics, is found within a person in a concealed manner. Even after a debate crystallizes into a final halachic decision it is still concealed, when considered in relation to his soul at large, and especially in relation to his animal soul and body.
However, when the concept in question or its legal outcome is verbalized (and speech after all belongs to “the world of revelation”), then not only is there a revelation of the profound thinking that was involved in the stage of intellectual give and take, but even relative to the revelation of intellect as expressed in the final halachic decision, the Torah student’s speech constitutes a revelation.
From the above it becomes clear that the unity of “kissing” is effected chiefly at the level of ChaBaD; there it is able to reveal that which is essentially beyond revelation. This is also the meaning of the expression of the Sages, that “HaKadosh Baruch Hu sits and studies Torah.” This means that He who is essentially Kadosh — Holy, separate and apart — “sits” at (i.e., lowers Himself into) the level of Torah. And through Torah study it is granted to an individual to absorb this level within himself.
Nevertheless, the complete revelation of this connection both Above and below is accomplished through speech. When it is revealed in Supernal Speech and echoed in man’s speech, then it truly illuminates man’s soul.
* * *
Following this introduction, the commentary of the Rebbe will be better understood:
Until this point it has been explained that as a result of the blessings preceding the Shema and of the Shemaitself, “the intelligent person will reflect on these matters in the depth of his heart and brain,” and then “his soul will be kindled” and he will desire to cleave to G‑d. The direction taken by this form of divine service is elevation “from below to above,” i.e., the individual desires to leave the bounds and limitations of the world, and become one with G‑d.
This feeling can find expression in the “expiry of the soul” (klot hanefesh) in its love for G‑d. (This surely does not result in any obligation to study Torah or the like in order to draw G‑dliness down below. On the contrary, a person in this situation is in a state of longing and “expiry of his soul” in order to become united with G‑d as He is Above.)
The Alter Rebbe therefore begins this passage by saying, “But how does the attachment of spirit to Spirit take place?” — Not as we may have expected, as described above, but: “To this end it is stated, ‘And these words shall be... upon your heart.’*”
The Alter Rebbe is telling us something completely new: the cleaving of “spirit to Spirit” is accomplished not through the “expiry of the soul,” but through fulfilling the commandment that “these words shall be... upon yourheart” — through applying one’s intellect to the study of Torah.
Moreover, it is accomplished through fulfilling the commandment that “you shall speak of them,” throughspeaking words of Torah — and the direction taken by this form of divine service is contrary to elevation “from below to above,” for speech signifies drawing down, and revelation.
Since there must be a “cleaving of spirit to Spirit,” and Supernal Spirit is Supernal Wisdom, i.e., Torah, concentration in Torah therefore effects (as explained in ch. 5) the ultimate unity of man’s ChaBaD with G‑d’s — and this is the “cleaving of spirit to Spirit.”
However, one might think that uttering the words of Torah on which a person had already been deliberating only reveals the unification of ChaBaD with ChaBaD, and no more than this is accomplished by fulfilling the commandment that “you shall speak of them.” (In other words, we might think that speech merely relates that which has transpired in one’s intellect, namely, that his intellect is united with the Supernal Intellect.)
If this were so, it would contradict statements appearing in chs. 45 and 46, and also contradict the meaning of the verse, “He shall kiss me with the kisses of His mouth,” which as explained earlier signifies the unification of man’s speech with G‑d’s speech, G‑d’s speech being the Halachah.
The Alter Rebbe therefore goes on to state: “while the mouth,” i.e., the Supernal mouth as well as man’s mouth (kissing being from mouth to mouth), “is the outlet of the breath and its emergence into a revealed state.” He does not provide any additional explanation since he speaks of the simple meaning of these words, namely that the mouth emits the spirit and wisdom on which the person has previously concentrated. This is “its revelation,” the revelation of the spirit, which is the revelation of the thinking process and of its conclusion. All this is emitted by the mouth in a manner of revelation.
(This means the following: The “spirit” refers to intellectual concentration. Then there is “its revelation,” the revelation of the “spirit” being the intellectual conclusion. All this is emitted by the mouth in a manner of revelation. Before the words are uttered by the mouth, the conclusion existed only in the mind. Through speech, however, both the thinking process and its conceptual conclusion are revealed into actuality.)
The Alter Rebbe therefore concludes that “the mouth... represents the category of speech engaged in words of Torah.” It is necessary for the Torah concepts and conclusions of one’s study to be revealed within the spoken word. The reason for this is given in his next phrase: “for by every word that proceeds from G‑d’s mouth does man live.” The word that ultimately proceeds from G‑d’s mouth is not the preliminary stage of scholarly concentration and debate, but “the word of Halachah,” the final ruling on the question discussed. And on this does man live.
Yet, something still requires clarification: The need for “attachment of spirit to Spirit” through concentration in Torah is understandable. However, what impels us to say that the resulting desire to be absorbed in G‑d’s lightmust find expression in speaking words of Torah? — For speech draws downward: its direction in divine service is exactly opposite to the desire of being absorbed in G‑d.
The Alter Rebbe therefore says that were it only a matter of a person’s desire to be absorbed in G‑d, then it really would not be necessary for him to speak words of Torah; meditation would suffice. However, were he not to speak words of Torah he would be shirking an obligation. As the Alter Rebbe goes on to say: “However, one does not fulfill one’s obligation by meditation and deliberation alone.”
A Jew is obliged to draw down the infinite light of the Ein Sof even unto the vivifying soul and the world as a whole. This obligation cannot be fulfilled through meditation and contemplation, but only through speaking words of Torah.
It would seem, however, that this is a distinct and separate obligation, quite unconnected with the love which results in the cleaving of “spirit to Spirit,” a level attained through the divine service involved in the blessings preceding the Shema as well as through the Shema itself.
The Alter Rebbe therefore explains that there indeed does exist a connection between the two. By speaking words of Torah and thereby causing G‑dliness to descend upon his vivifying soul and the mineral, vegetable and animal worlds, the individual will thereby also cause their elevation; they will all be raised to G‑d, and absorbed in His light. Thus, the selfsame thing the person effects within himself through meditating on Torah, he also effects in his vivifying soul and in the world at large by speaking words of Torah.
There still remains to be understood the connection between (a) elevating the world to G‑dliness and (b) the contents of the blessings preceding the Shema, as well as the beginning of the Shema itself (until “And these words...”). Seemingly they are separate and distinct manners of service.
Even the purpose of uniting man’s speech with G‑d’s lies not in his being “kindled with love,” but is rather intended to achieve an opposite effect (as mentioned previously). All the more so with regard to the elevation of the material world to G‑d. How is this connected with the blessings preceding the Shema, the Shema itself, and its resulting love?
This is explained by the Alter Rebbe when he goes on to say: “For this is the purpose of the progressive descent of all the worlds...,” and “this is the essence of the intent of man’s service.” Man’s purpose is to serve G‑d, and the purpose of all worlds is for G‑d’s glory to pervade them. This is the general content and the ultimate conclusion of the blessings preceding the Shema (for the purpose of the divine service of Jewish souls and indeed the purpose of all the Worlds is to draw down G‑dliness below, as mentioned in the previous chapters regarding the meditation that should accompany the recitation of these blessings).
Thus there is a strong and direct connection between the ultimate purpose of these blessings and the elevation of the vivifying soul and the whole world to G‑dliness.
But how is this connected to the love of G‑d through the “cleaving of spirit to Spirit”? The Alter Rebbe explains this connection by concluding: “However, [one must take the step of] surrendering to Him his soul and his all.” This means to say that unless one first takes the initiative of surrendering himself to G‑d, G‑dliness will not be manifest in the world.
* * *
According to the exposition of the Rebbe, all six above-mentioned questions are now answered; we understand the need for each and every phrase in the text. Additionally, many points found in other chapters ofTanya are now understood as well.
In ch. 5, for example, the Alter Rebbe speaks of the union of man’s ChaBaD with G‑d’s through a deep comprehension of the Torah. He begins the chapter by giving an example of a person who understands ahalachah. At the end of that chapter, however, when he is not intent on stressing the kind of unity that exists “from every side and angle,” he speaks of the knowledge of Torah in general, not specifically of the Halachah.
The reason for this is that in order to achieve unity “from every side and angle” through understanding Torah, it is necessary that this knowledge be revealed within one’s soul. This revelation is achieved specifically through the final decision of the Halachah, and is lacking in the intellectual give and take which precedes it, as has been explained earlier.
In chs. 45 and 46, likewise, where the Alter Rebbe speaks of the unity of “kissing”, he emphasizes “the Wordof G‑d, which is the Halachah,” and not the intellectual debate preceding it. For only within the “Word of G‑d,” the halachic ruling, is there to be found the intense degree of revelation which is called the “kisses of His mouth.”This serves to explain other sections of Tanya as well.
The Rebbe here solves an additional knotty problem: In chs. 45 and 46 the Alter Rebbe explains that “kissing” means speaking words of Torah. This is puzzling, for the distinctive quality of the degree of union called “kissing” lies in the fact that it transcends speech: it cannot be distilled in speech.
However, this will be understood in light of a statement of the Alter Rebbe in Likkutei Torah, Shir HaShirim(p. 1d), where he explains that the love described in the verse, “He shall kiss me with the kisses of His mouth,” which refers to Torah, is similar to the love of a father for his only child. The love felt by the father for his child is so great that it cannot be expressed in any spiritual manner, but must be contracted, ultimately finding expression in the form of a physical kiss. The same is true with regard to Torah.
It is thus evident that the extremely exalted revelation of the love called “kissing” can find expression only when it is contracted and condensed in the breath, spirit and speech of Torah.
The concept alluded to there (in Likkutei Torah), and discussed more elaborately by the Alter Rebbe in themaamar on Shir HaShirim in Sefer HaMaamarim: Hanachot HaRap zal (p. 142), enables us to appreciate more fully what is actually achieved by fulfilling the commandment that “you shall speak of them.” For we see from the discourses cited above, that speaking words of Torah is no mere verbal description of what is occurring in the person’s ChaBaD (namely, that his ChaBaD is connected to G‑d’s); rather, the very contraction represented by the descent of Torah into his speech is the vehicle through which the intense divine love termed “kissing” is expressed.
We also understand from those discourses why the union of “kissing” must be preceded by the person loving G‑d through giving Him “his all.”
When the mode of divine illumination that does not normally descend to the point of revelation, leaps over the bounds of divine self-limitation, and is in fact revealed by means of tzimtzum (“contraction”, “condensation”), this transcending revelation is called dilug (lit., a “leap”). In order to trigger off such a “leap” in the Worlds Above, it is necessary for the individual below to make a corresponding leap — by loving G‑d to the point of giving Him “his all.”
It now also becomes clear that the great merit of speech notwithstanding, “kissing” is primarily expressed in the unification of ChaBaD with ChaBaD. To borrow the phrase of the Sages: G‑d, who is essentially transcendent, i.e., HaKadosh Baruch Hu — the Holy (lit., separate) One, blessed be He — “*’sits‘ (i.e., descends) and studies Torah”: the illumination descends below.
The Rebbe also answers another vexing question. Generally, whenever unification of the level of “kissing” is discussed in Chassidut, the explanation is given that “kissing” results from the great love of the one who gives the “kiss”. This being so, what connection can this possibly have to ChaBaD, which is, after all, a manifestation of intellect, not of love?
According to the explanations in the above-mentioned discourses, this too becomes clear. The inner love transforms or creates the faculties of ChaBaD, so that by virtue of this inner love an illumination which is essentially beyond revelation is drawn down into ChaBaD. As this is expressed in Tanya: “His great Name” is drawn down to the Jewish people because of His great love for them. In similar vein, the Rebbe cites the Siddurof the Alter Rebbe, Derushei Chanukah, p. 273a, which states that “kissing” derives from the “internal aspect of heart and mind,” for it is by virtue of the inward love of the heart that revelation occurs in the mind.
To sum up: According to the commentary of the Rebbe on the explanation given in ch. 49 by the Alter Rebbe about the level of unification called “kissing”, we come to understand that it denotes the revelation of an illumination which essentially is beyond the pale of revelation. This love is “holy” (i.e., apart), and is revealed only because of G‑d’s great inner love for the Jewish people. Concerning this love it is written, “He shall kiss me with the kisses of His mouth,” which refers to Torah.
Through studying Torah, a Jew is united with G‑d in a manner of “kissing”, and of the “cleaving of spirit to Spirit.” This love is first manifested in the intellectual faculties of ChaBaD, the illumination first descending into Supernal Intellect. The Rabbis express it thus: “The Holy One sits and studies Torah” — G‑d Who is “holy” (i.e., detached) “sits” and descends into Torah.
The intellect of Torah — Supernal Intellect — is the “Spirit” as it is found above. When a Jew thoroughly comprehends the Supernal Intellect that is vested in the Torah, then his spirit — his intellect — is united with the Supernal Intellect and Spirit, this being the “cleaving of spirit to Spirit.”
“Kissing”, however, takes place from mouth to mouth, for it is through one’s mouth that the inner spirit and breath is revealed, and it is through the mouth that the inner love is expressed. So, too, regarding Torah. When someone fulfills the commandment that “you shall speak of them,” this not only tells us that his ChaBaD(intellect) is unified with the Supernal ChaBaD and Intellect, but it also serves to reveal the halachic conclusion, the “spirit”, of Torah.
When one’s intellect is immersed in the depths of debate, the “spirit” is in a state of concealment. Only when it is fully revealed, when one articulates the crystallized halachah, does it reach its most complete state — the “kisses of the mouth.”
FOOTNOTES
1. Devarim 6:6-7.
2. Devarim 8:3.
3. Yeshayahu 40:5.
Rambam:
• Sefer Hamitzvot:
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Audio: Listen | Download | Video ClassIyar 20, 5778 · May 5, 2018
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
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The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 97
Ritual Impurity of Sheratzim
We are commanded regarding the ritual impurity [contained in and emitted by] certain creeping animals, known as sheratzim, listed in the Torah. [I.e., when contracted, one must follow all the laws associated with this impurity.]
Full text of this Mitzvah »
Ritual Impurity of Sheratzim
Positive Commandment 97
Translated by Berel Bell
The 97th mitzvah is that we are commanded regarding the tumah of the eight types of sheratzim.1 This mitzvah includes tumas sheretz and all its laws.2
FOOTNOTES
1.
See Lev. 11:29-38. Kaplan (The Living Torah, 1981) translates them as the weasel, mouse, ferret, hedgehog, chameleon, lizard, snail, and mole.
2.
See Hilchos Shaar Avos HaTuma'os, Chapter 4.
Rambam:
• 1 Chapter A Day: Ishut Ishut - Chapter Fifteen
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Ishut - Chapter Fifteen
1
It is permissible for a woman to authorize her husband to ignore her conjugal rights. When does this apply? When he has children already and has fulfilled the mitzvah to be fruitful and multiply. If, however, he has not fulfilled the mitzvah of being fruitful and multiplying, he is obligated to engage in sexual relations whenever his conjugal duties require, until he fathers children.1 For this is a positive commandment of the Torah, as [Genesis 1:28] states: "Be fruitful and multiply."2א
האשה שהרשת את בעלה אחר הנישואין שימנע עונתה הרי זה מותר. בד"א בשהיו לו בנים שכבר קיים מצות פריה ורביה אבל לא קיים חייב לבעול בכל עונה עד שיהיו לו בנים. מפני שהיא מצות עשה של תורה שנאמר פרו ורבו:
2
The mitzvah of being fruitful and multiplying is incumbent on the husband and not on his wife. When does a man become obligated to fulfill this mitzvah? From the time he reaches seventeen. If he reaches twenty and has not married, he is considered to have transgressed and negated the observance of this positive commandment. If, however, he is occupied with the study of Torah and absorbed in this endeavor and is hesitant of marrying, lest he be forced to work to support his wife and thus be prevented from studying Torah, he is permitted to delay marriage. For a person who is occupied in the performance of one mitzvah is freed from the obligation to perform another. Surely this applies with regard to the study of Torah.ב
האיש מצווה על פריה ורביה אבל לא האשה. ואימתי האיש נתחייב במצוה זו מבן שבע עשרה. וכיון שעברו עשרים שנה ולא נשא אשה הרי זה עובר ומבטל מצות עשה. ואם היה עוסק בתורה וטרוד בה והיה מתירא מלישא אשה כדי שלא יטרח במזונות בעבור אשתו ויבטל מן התורה הרי זה מותר להתאחר. שהעוסק במצוה פטור מן המצוה וכל שכן בתלמוד תורה:
3
When a person's soul desires [to study] Torah at all times and is obsessed with its [study] as was ben Azzai,3 and clings to it throughout his life, without marrying, he is not considered to have transgressed.4
[This applies] provided a man's natural inclination does not overcome him.5 If, however, his natural inclination overcomes him, he is obligated to marry, even if he has already fathered children, lest he be prompted to [sexual] thoughts.6ג
מי שחשקה נפשו בתורה תמיד ושוגה בה כבן עזאי ודבק בה כל ימיו ולא נשא אשה אין בידו עון. והוא שלא יהיה יצרו מתגבר עליו אבל אם היה יצרו מתגבר עליו חייב לישא אשה ואפילו היו לו בנים שמא יבוא לידי הרהור:
4
How many children is it necessary for a man to have fathered to be considered to have fulfilled this mitzvah? One boy and one girl,7 as [implied by Genesis 5:2]: "He created them, a male and a female." If the son was a sarisor the daughter an aylonit, he is not considered to have fulfilled this mitzvah.8ד
כמה בנים יהיו לאיש ותתקיים מצוה זו בידו זכר ונקבה. שנאמר זכר ונקבה בראם. היה הבן סריס או שהיתה הבת אילונית לא קיים מצוה זו:
5
A man is considered to have fulfilled the mitzvah of being fruitful and multiplying [even when] he fathers [children] and they die, so long as [his children] have left behind children [of their own]. For grandchildren are considered to be children.
When does the above apply? When the person's grandchildren are both male and female, and they are descended from a male and a female, even though the male grandchild is the son of the man's daughter, and the female grandchild is the daughter of the man's son.9 Since they come from two of his children, he is considered to have fulfilled the mitzvah of being fruitful and multiplying. If, however, he had a son and a daughter who both died, and [one did not leave any children, while] one left a son and a daughter, the grandfather is not considered to have fulfilled this mitzvah.ה
נולדו לו ומתו והניחו בנים הרי זה קיים מצות פריה ורביה. בני בנים הרי הם כבנים. בד"א בשהיו בני הבנים זכר ונקבה והיו באים מזכר ונקבה אעפ"י שהזכר בן בתו והנקבה בת בנו הואיל והם משני בניו הן באים הרי קיים מצות פריה ורביה. אבל אם היו לו בן ובת ומתו והניח אחד מהן זכר ונקבה עדיין לא קיים המצוה:
6
When [a convert] had fathered children as a gentile, and both he and they convert,10 he is considered to have fulfilled this mitzvah. By contrast, a freed slave who had fathered children as a slave is not considered to have fulfilled this mitzvah, although his children were also freed. Instead, he must father children after he has been freed. [The rationale is that] a slave is not considered to have any paternal lineage.ו
היו לו בנים בגיותו ונתגייר הוא והם הרי זה קיים מצוה זו. היו לו בנים והוא עבד ונשתחרר הוא והם לא קיים מצות פריה ורביה עד שיוליד אחר שנשתחרר שהעבד אין לו יחוס:
7
A man should not marry a barren women, an elderly woman, an aylonit or a minor who is not fit to bear a child11 unless he has already fulfilled the mitzvah of being fruitful and multiplying,12 or he has another wife with whom he can father children.13
When a man has married a woman and remained married to her for ten years14 without her bearing children,15 he must divorce her and pay her [the money due her by virtue of her] ketubah, or marry a woman who is fit to bear children.
If he does not desire to divorce her, he should be compelled to do so; he should be beaten with a rod until he divorces her.16 Even when he says, "I will not engage in marital relations with her. Instead, we will dwell together with witnesses so that we will not ever be in private," regardless of whether it is he or she who offers this proposition,17 it is not accepted. Rather, he is required to divorce [his wife] or marry another woman who is fit to bear children.ז
לא ישא אדם עקרה וזקנה ואילונית וקטנה שאינה ראויה לילד אלא אם כן קיים מצות פריה ורביה או שהיתה לו אשה אחרת לפרות ולרבות ממנה. נשא אשה ושהתה עמו עשר שנים ולא ילדה הרי זה יוציא ויתן כתובה או ישא אשה הראויה לילד. ואם לא רצה להוציא כופין אותו ומכין אותו בשוט עד שיוציא. ואם אמר איני בועלה והריני שוכן עמה בפני עדים כדי שלא אתיחד עמה בין שאמרה היא בין שאמר הוא אין שומעין אלא יוציא או ישא אשה הראויה לילד:
8
When a man has lived [together with his wife] for ten years without her bearing children, and he releases semen as one shoots an arrow,18 it can be assumed that the affliction comes from her.19 Therefore, he should divorce her without paying her [the essential requirement of] the ketubah. She is, however, entitled to the additional sum [by which the ketubah was increased]. [The rationale is that] such a woman should not be judged more severely than an aylonit whose husband did not recognize her condition, who is granted the additional amount, as will be explained.20
If [the husband] does not [release semen] as one shoots an arrow, it can be assumed that the affliction comes from him alone. When he divorces her, he must pay her [the entire sum due her by virtue of her] ketubah: the essential requirement and the additional sum.ח
שהתה עשר שנים ולא ילדה והרי הוא יורה כחץ שכבת זרע. חזקת החולי ממנה ותצא שלא בכתובה ויש לה תוספת לא תהיה זו פחותה מאיילונית שלא הכיר בה שיש לה תוספת כמו שיתבאר. ואם אינו יורה כחץ חזקת החולי ממנו בלבד ויוציא ויתן הכתובה כולה עיקר ותוספת:
9
[The following rules apply when there is a dispute with regard to which of the couple it is whose affliction prevents the couple from having children. The husband] claims: "It is she who cannot bear children," and she claims "He cannot conceive children, for he does not [release semen] as one shoots an arrow." Her word is accepted. He may, however, have a ban of ostracism issued conditionally against anyone who makes a claim that she does not definitely know to be true. Afterwards, he must pay her [the money due her by virtue of her] ketubah.
If she says, "I do not know if the difficulty stems from me or from him," she is not entitled to the essential requirement of the ketubah, as explained. [The rationale is that] the money should stay in the possession of its owner until she makes a definite claim21 that he does not [release semen] as one shoots an arrow.
Why is the woman's word accepted when she makes such a claim? Because she can feel whether or not he [releases semen] as one shoots an arrow, and he cannot make such a distinction.ט
הוא אומר ממנה נמנע הולדה והיא אומרת ממנו נמנע מפני שאינו יורה כחץ נאמנת. ויש לו להחרים סתם על מי שטוענת דבר שאינה יודעת בו בודאי ואחר כך יתן כתובה. ואם אמרה איני יודעת אם ממני אם ממנו אין לה עיקר כתובה כמו שאמרנו העמד ממון בחזקת בעליו עד שתטעון בודאי שאינו יורה כחץ. ולמה נאמנת היא בטענה זו מפני שהיא מרגשת אם יורה כחץ אם לא יורה כחץ והוא אינו מרגיש:
10
When a woman demands of her husband to divorce her after ten years [of marriage], because she has not given birth,22 and she claims that he does not [release semen] as one shoots an arrow, her request is accepted.23Although she is not commanded to fulfill the mitzvah of being fruitful and multiplying, she needs sons [to assist] her in her old age.24 [Therefore,] he should be compelled to divorce her.
He is required to give her only the essential requirement of the ketubah. [He is not required to give her the additional amount,] because he did not promise her this additional amount with the intent that she leave him at her will and take this money.י
האשה שבאה לתבוע מבעלה לגרשה אחר עשר שנים מפני שלא ילדה והיא אומרת שאינו יורה כחץ שומעין לה. אע"פ שאינה מצווה על פריה ורביה צריכה היא לבנים לזקנותה. וכופין אותו להוציא ויתן עיקר כתובה בלבד שלא כתב לה התוספת ע"מ שתצא לרצונה ותטול:
11
If [a husband] travels on an [extended] business trip during these ten years, or either the husband or the wife were ill or confined in prison, [the time that the couple did not share together] is not included in the calculation [of the ten years].25יא
הלך בסחורה בתוך עשר שנים או שהיה הבעל חולה או שהיתה היא חולה או שהיו חבושין בבית האסורין אין עולה להן אותו זמן מן המנין:
12
If a woman miscarries, [the ten years are] recalculated from the day of the miscarriage.
If a woman has three successive miscarriages,26 we can presume that she will continue to miscarry, and there is the possibility that [her husband] will not merit to have children from her. Therefore, he should divorce her,27 and pay her [the money due her by virtue of her] ketubah.יב
הפילה מונה מיום שהפילה. אם הפילה וחזרה והפילה שלש פעמים הוחזקה לנפלים ושמא לא זכה להבנות ממנה ויוציא ויתן כתובה:
13
[The following rules apply when there is a difference between the information stemming from the claims of a husband and his wife.] He claims that she has miscarried within the ten years so that they can continue [their marriage], and she denies the miscarriage. [Her claim] is believed; [if it were not true,] she would not cause herself to be considered barren.28
If he claims that she has miscarried twice, and she claims to have miscarried three times, [her claim] is believed. [If it were not true,] she would not cause herself to be considered a woman who [continually] miscarries.
[Therefore, in both instances,] he should divorce her and pay her [the money due her by virtue of her] ketubah. With regard to the above situations, he may require her to take a Rabbinic oath that she did not miscarry or that she miscarried three times. For this claim obligates him to pay her [the money due her by virtue of her] ketubah.29יג
הוא אומר הפילה בתוך עשר כדי שישהה עמה והיא אומרת לא הפלתי נאמנת שאינה מחזקת עצמה בעקרות. הוא אומר הפילה שנים והיא אומרת הפלתי שלשה נאמנת שאינה מחזקת עצמה במפלת ויוציא ויתן כתובה. ובכל זה משביעה שבועת היסת שלא הפילה או שהפילה שלשה שבטענה זו יתחייב ליתן כתובה:
14
[When a woman] marries one man, remains married to him for ten years without bearing a child and is divorced [for that reason], she is permitted to marry a second husband.30 If she remained married to the second husband for ten years without bearing a child, she should not marry a third husband.31
If she marries a third husband, she should be divorced; [he is] not [required to pay her the money due her by virtue of] her ketubah.32 [This applies] unless he has another wife, or he has already fulfilled the mitzvah of being fruitful and multiplying.יד
נשאת לראשון ושהתה עמו עשר שנים ולא ילדה והוציאה מותרת להנשא לשני. שהתה עם השני עשר שנים ולא ילדה לא תנשא לשלישי. ואם נשאת לשלישי תצא שלא בכתובה אלא אם כן יש לו אשה אחרת או שקיים מצות פריה ורביה:
15
[The following laws apply when] a woman comes to court and claims that her husband cannot perform sexually in an ordinary way that will lead to the conception of children, or that he does not [release semen] as one shoots an arrow.33 The judges should try to arrange a compromise,34 telling the woman: "It is proper for you to conduct yourself with your husband [as follows]: Remain [married] for ten years. [If] you do not give birth, come to him with a claim at that time."
We protract the negotiations of this matter with her; we do not require her to continue living with him, nor do we judge her as a woman who rebels against her husband. Instead, the dealings are prolonged until the two parties reach a compromise.טו
האשה שבאה לבית דין ואמרה בעלי אינו יכול לשמש כדרך כל הארץ שמוש שמוליד או שאינו יורה כחץ יעשו הדיינין פשרה ואומרים לה ראוי ליך שתנהגי עם בעליך עד שתשהי עשר שנים ולא תולידי ואח"כ תתבעי. ומגלגלין עמה בדבר זה ואין כופין אותה לישב ולא דנין אותה כדין המורדת אלא מאריכין בדבר זה עד שיעשו פשרה:
16
Although a man has fulfilled the mitzvah of being fruitful and multiplying, he is bound by a Rabbinic commandment not to refrain from being fruitful and multiplying as long as he is physically potent.35 For anyone who adds a soul to the Jewish people is considered as if he built an entire world.36
Similarly, it is a mitzvah of our Sages that a man should not live without a wife,37 so that he will not be prompted to [sexual] thoughts.38 Similarly, a woman should not live without a man,39 so that she will not be suspected [of immoral conduct].טז
אף ע"פ שקיים אדם מצות פריה ורביה הרי הוא מצווה מדברי סופרים שלא יבטל מלפרות ולרבות כל זמן שיש בו כח. שכל המוסיף נפש אחת בישראל כאילו בנה עולם. וכן מצות חכמים היא שלא ישב אדם בלא אשה שלא יבא לידי הרהור. ולא תשב אשה בלא איש שלא תחשד:
17
It is an obligation for a man to admonish40 his wife. Our Sages declared:41 "A man will not admonish his wife unless a spirit of purity enters his being." [Nevertheless,] he should not admonish her more than necessary.42
[A man] should never compel [his wife] to engage in sexual relations against her will. Instead, [relations] should be with her agreement, [preceded by] conversation and a spirit of joy.43יז
וחובה על כל איש לקנאות לאשתו. אמרו חכמים אין אדם מקנא לאשתו אלא אם כן נכנסה בו רוח טהרה. ולא יקנא לה ביותר מדאי ולא יאנוס אותה ויבעול בעל כרחה אלא בדעתה ומתוך שיחה ושמחה:
18
Similarly, our Sages commanded a woman to conduct herself modestly at home, not to proliferate levity or frivolity before her husband, not to request intimacy verbally,44 nor to speak about this matter.
She should not deny her husband [intimacy] to cause him anguish, so that he should increase his love for her. Instead, she should oblige him whenever he desires. She should keep her distance from his relatives and the members of his household so that he will not be provoked by jealousy and should avoid scandalous situations - indeed, any trace of scandal.45יח
וכן צוו חכמים על האשה שתהיה צנועה בתוך ביתה. ולא תרבה שחוק וקלות ראש בפני בעלה. ולא תתבע תשמיש המטה בפיה. ולא תהיה מדברת בעסק זה. ולא תמנע מבעלה כדי לצערו עד שיוסיף באהבתה אלא נשמעת לו בכל עת שירצה. ותזהר מקרוביו ובני ביתו כדי שלא יעבור עליו רוח קנאה ותתרחק מן הכיעור ומן הדומה לכיעור:
19
Similarly, our Sages commanded that a man honor his wife more than his own person, and love her as he loves his own person. If he has financial resources, he should offer her benefits in accordance with his resources. He should not cast a superfluous measure of fear over her. He should talk with her gently, being neither sad nor angry.יט
וכן צוו חכמים שיהא אדם מכבד את אשתו יותר מגופו ואוהבה כגופו. ואם יש לו ממון מרבה בטובתה כפי ממונו. ולא יטיל עליה אימה יתירה ויהיה דבורו עמה בנחת ולא יהיה עצב ולא רגזן:
20
And similarly, they commanded a woman to honor her husband exceedingly and to be in awe of him. She should carry out all her deeds according to his directives, considering him to be an officer or a king. She should follow the desires of his heart and shun everything that he disdains.
This is the custom of holy and pure Jewish women and men in their marriages. And these ways will make their marriage pleasant and praiseworthy.כ
וכן צוו על האשה שתהיה מכבדת את בעלה ביותר מדאי ויהיה עליה מורא ממנו ותעשה כל מעשיה על פיו. ויהיה בעיניה כמו שר או מלך מהלכת בתאות לבו ומרחקת כל מה שישנא. וזה דרך בנות ישראל ובני ישראל הקדושים והטהורים בזיווגן. ובדרכים אלו יהיה ישובן נאה ומשובח:
FOOTNOTES
1.Conjugal rights are a privilege granted to a wife, and she has the right to forego them if she and her husband consent. Fathering children, by contrast, is one of the Torah's commandments, and a woman may not prevent her husband from fulfilling his obligation. See Yevamot 65b.
The Turei Zahav (Even HaEzer 1:1) and the Beit Shmuel 1:1 question the Rambam's decision. For, as stated in Halachah 16, even after the person has fulfilled the mitzvah of being fruitful and multiplying, he is obligated by rabbinic law to continue to father children. Seemingly, just as a man's wife may not prevent him from fulfilling the obligations imposed on him by the Torah, so too, she may not prevent him from fulfilling the obligations imposed on him by our Sages.
The Pitchei Teshuvah 1:1 resolves this difficulty by quoting the Chidah, who explains that our Sages did not equate the obligation to continue to father children with the Torah's obligation to be fruitful and multiply. As long as a man endeavors to continue to father children from time to time, it is acceptable. There is no need to persist with the same perseverance as one who has not yet fulfilled this mitzvah. (See also the notes on Halachah 7.)
2.Sefer HaMitzvot (Positive Commandment 212) and Sefer HaChinuch (Mitzvah 1) include this as one of the Torah's 613 mitzvot.
3.See Yevamot 63b.
4.The Turei Zahav 1:6 interprets this expression as meaning that, at the outset, this is not a desirable course of action to follow.
5.This condition applies also to the license to delay marriage mentioned in the previous halachah.
6.In connection with this law, the commentaries cite Yoma 29a, which states: "Thoughts of sin are more damaging than sin itself." Instead of pointing his life to spiritual refinement, the individual is directing himself to sinful thoughts.
7.But if a man has only several sons or only several daughters, he is not considered to have fulfilled the mitzvah.
8.See Chapter 2 for a definition of these terms. Since this child is incapable of conceiving children, the child's father is not considered to have fulfilled the mitzvah.
9.Tosafot (Yevamot 62b) states that even if the grandchildren are two males or two females, one is considered to have fulfilled this mitzvah. The Shulchan Aruch (Even HaEzer 1:6), however, quotes the Rambam's view.
10.Tosafot states that even if the convert's children did not themselves convert, the convert is considered to have fulfilled this mitzvah. (See Beit Shmuel 1:12.)
11.From the Shulchan Aruch (Even HaEzer 23:1), one can infer that sexual relations with a minor are considered as emitting wasted seed, one of the more severe prohibitions of the Torah. The Ramah (loc. cit.:5) and other authorities, however, differ and explain that as long as relations are carried out in an ordinary manner, having relations with a minor or an aylonit does not violate this prohibition.
12.Rav Moshe Cohen states that since, as mentioned in Halachah 16, a person is obligated to continue fathering children, a man is obligated to marry a woman who can bear children even after fulfilling the mitzvah. The Maggid Mishneh states that in principle the Rambam also accepts this ruling, as indicated by his wording in Hilchot Issurei Bi'ah 21:26. In this instance, he was merely stating the law required by the Torah.
The Ramah (Even HaEzer 1:3) states although it would be proper to rebuke a person for marrying such a woman, this is not done in the present age.
13.As mentioned previously, in the Ashkenazic community it is customary not to marry more than one wife. All the laws mentioned in this halachah must be viewed with that principle in mind.
14.In his Commentary on the Mishnah (Yevamot 6:7), the Rambam writes that the source for this practice is Sarah's giving Hagar to Abraham: "After ten years in which Abram had lived in the Land of Canaan" (Genesis 16:3). Since this period passed without her bearing children, she provided him with another wife who could.
15.The Rivash (Responsum 15, quoted by the Ramah 154:10) explains that if after having one child together, a couple do not have children for ten years, they are not forced to divorce.
16.The Ramah (Even HaEzer 1:3) states that in his time, it was no longer customary to compel a man to divorce a woman who has not borne children to her husband. (See also the Hagahot Maimoniot, which quote opinions that state that in this age, and particularly in the diaspora, there is no obligation to divorce a woman even though she has not borne children in this amount of time. At present, there are many Rabbis who have divorced their wives in such a situation, but at least an equal number who have not. Every person has the prerogative of making his own decision regarding this matter.)
17.I.e., rather than bear the expense of paying her ketubahimmediately, the man desires to remain married; or from the woman's perspective, rather than have to earn her own subsistence, she desires to remain married.
18.Chaggigah 15a states that unless a man releases semen as one shoots an arrow, he will not be able to father children.
19.As reflected in the following halachah, the Rambam maintains that unless the man's wife explicitly claims that he does not release semen as one shoots an arrow, it is assumed that the affliction is the woman's. Therefore, she is not entitled to the essential requirement of the ketubah.
The Ra'avad differs and maintains that for the responsibility to be placed on the woman, she must have been married to two other men previously, and in both instances, divorced after ten years for not bearing children. The Ramah (Even HaEzer 154:6) accepts this opinion.
20.See Chapter 23, Halachot 2 and 3.
21.The husband keeps possession of the money he is required to pay his wife by virtue of her ketubah. Although our Sages accepted her word when she issues a claim against her husband, they did so only when that claim was definite. If she is in doubt, the money should remain in the possession of its immediate owner.
22.The Beit Yosef (Even HaEzer 154) states that as long as a woman has given birth to one child, whether a son or a daughter, she is not given the prerogative of making such a claim.
The Ma'aseh Rokeach explains that this refers to an instance in which the man fathered children before marrying this woman, but then his physical condition deteriorated, and, according to the woman's claim, he is no longer able to release semen in an ordinary way. Were this not the case, he would be compelled to divorce her in order to fulfill the mitzvah of having children. Since he has, however, fulfilled that mitzvah, he is not compelled to divorce his wife. Therefore, it is the woman who must take the initiative.
23.As reflected in the ruling of the Shulchan Aruch (Even HaEzer154:6), other authorities emphasize that the woman's request must be made solely for this reason. If the court feels that she desires [the money due her by virtue of] her ketubah or to marry another man (Be'urei HaGra 154:25), her request is not accepted.
24.Yevamot 65b states "she needs a staff for support and a spade for burial" - i.e., sons to support her in her old age and to take care of her funeral arrangements.
25.The Shulchan Aruch (Even HaEzer 154:11) follows the understanding of Rabbenu Asher, who interprets this ruling as applying even when it was possible for the couple to engage in marital relations during the situations mentioned. It is possible that just as their conduct aroused negative spiritual influences resulting in illness or imprisonment, those negative influences - and not the physical condition of the man or woman - prevented them from having children. From the Rambam's Commentary on the Mishnah (Yevamot 6:7), it does not appear that he shares this understanding.
26.Even within a period shorter than ten years (Rabbenu Asher).
27.She is, however, permitted to marry another man (Shulchan Aruch, Even HaEzer 154:12).
28.The Beit Shmuel 154:29 emphasizes that this law and the following law apply only when the court does not suspect that the woman desires to marry another man. This is also reflected in the Rambam's wording, which indicates that her claim comes as a response to the court's initiative.
29.Although the Ra'avad differs and does not require an oath in this situation, the Maggid Mishneh and the Kessef Mishneh support the Rambam's position. It is the Rambam's position that is accepted by the Shulchan Aruch (Even HaEzer 154:15).
30.It is possible that the woman is not barren. It was merely that the two did not merit to conceive children together (Yevamot 64a).
31.Although a factor must normally repeat itself three times for a chazakah (a presumption that can be relied on) to be established, an exception is made with regard to the laws of marriage. In this context, the opinion that considers a twofold occurrence to be a chazakah is followed.
32.This ruling applies only if the husband had been unaware of the woman's condition previously. If he knew of her condition, he is obligated to pay her [the money due her by virtue of her] ketubah, as is the law with regard to an aylonit (Chapter 24:1-2).
33.As reflected in the Rambam's Commentary on the Mishnah (the conclusion of Nedarim), the Rambam does not interpret this as referring to an instance where the husband is sexually impotent entirely. Instead, it refers to a situation in which he can function, but it is the woman's belief that he will never conceive children. See the Lechem Mishneh and the interpretation of the Ralbach (Responsum 32). If, however, the woman were to claim that her husband is impotent, her word would be accepted.
Note, however, the Rashba (Vol. I, Responsum 628) and K'nesset HaGedolah (Even HaEzer 154:60), which interpret this halachah as speaking about an instance where the husband is sexually impotent.
34.In his Commentary on the Mishnah (loc. cit.), the Rambam states that, in theory, it would be proper to compel the husband to grant his wife a divorce immediately. This is not done, however, out of fear that her claim is untrue and she merely desires to marry another man.
He continues, stating that the court should try to develop communication between the couple. If those efforts fail, a compromise should be negotiated - e.g., in return for not compelling the woman to wait ten years for the divorce, the amount of money the husband is required to pay because of the ketubah should be reduced.
35.Yevamot 62a states: "[Although a man] fathers children in his youth, he should continue to do so at an advanced age, as implied by [Ecclesiastes 11:6]: 'In the morning, sow your seed; and in the evening, do not withhold your hand.'"
As mentioned above, the Chidah explains that as long as a man endeavors to continue fathering children from time to time, it is acceptable. One need not attempt to conceive children at every opportunity. Based on this decision, there are authorities who permit the limited use of certain birth control devices. The matter is not, however, entirely clear cut and should be discussed with a competent Rabbinic authority with regard to one's actual conduct.
36.Similarly, having children leads to the coming of the Redemption. Yevamot 63b states that the Mashiach will not come until all the souls destined to be conceived are born.
37.The Shulchan Aruch (Even HaEzer 1:8) explains that this commandment applies when the husband cannot support a wife who can bear children and increase the size of his family.
38.See Yevamot 62b, which states: "Any man who is unmarried is left without happiness, without good and without blessing."
Rav David Cohen quotes Rav Yitzchak Alfasi as maintaining that the requirement to marry stems from the Torah and not from our Sages, as the Rambam maintains.
39.See Hilchot Issurei Bi'ah 21:26, which states that it is permissible for a woman never to marry.
40.Here the term לקנאת, translated as "admonish," has a specific meaning: to warn one's wife not to enter into privacy with another man. If this warning is disobeyed, the woman must undergo the rites of a sotah to continue her marriage.
41.Sotah 3a. Although this is the subject of a difference of opinion among our Sages, the Rambam follows the opinion of Rabbi Akiva.
42.See the conclusion of Hilchot Sotah for a more detailed treatment of this subject.
43.See Hilchot De'ot 5:4-5.
44.Eruvin 100b states that a woman requests intimacy with her heart.
45.See Chapter 24, Halachah 15ff.
English Text | Hebrew Text
Audio: Listen | Download | Video ClassIshut - Chapter Fifteen
1
It is permissible for a woman to authorize her husband to ignore her conjugal rights. When does this apply? When he has children already and has fulfilled the mitzvah to be fruitful and multiply. If, however, he has not fulfilled the mitzvah of being fruitful and multiplying, he is obligated to engage in sexual relations whenever his conjugal duties require, until he fathers children.1 For this is a positive commandment of the Torah, as [Genesis 1:28] states: "Be fruitful and multiply."2א
האשה שהרשת את בעלה אחר הנישואין שימנע עונתה הרי זה מותר. בד"א בשהיו לו בנים שכבר קיים מצות פריה ורביה אבל לא קיים חייב לבעול בכל עונה עד שיהיו לו בנים. מפני שהיא מצות עשה של תורה שנאמר פרו ורבו:
2
The mitzvah of being fruitful and multiplying is incumbent on the husband and not on his wife. When does a man become obligated to fulfill this mitzvah? From the time he reaches seventeen. If he reaches twenty and has not married, he is considered to have transgressed and negated the observance of this positive commandment. If, however, he is occupied with the study of Torah and absorbed in this endeavor and is hesitant of marrying, lest he be forced to work to support his wife and thus be prevented from studying Torah, he is permitted to delay marriage. For a person who is occupied in the performance of one mitzvah is freed from the obligation to perform another. Surely this applies with regard to the study of Torah.ב
האיש מצווה על פריה ורביה אבל לא האשה. ואימתי האיש נתחייב במצוה זו מבן שבע עשרה. וכיון שעברו עשרים שנה ולא נשא אשה הרי זה עובר ומבטל מצות עשה. ואם היה עוסק בתורה וטרוד בה והיה מתירא מלישא אשה כדי שלא יטרח במזונות בעבור אשתו ויבטל מן התורה הרי זה מותר להתאחר. שהעוסק במצוה פטור מן המצוה וכל שכן בתלמוד תורה:
3
When a person's soul desires [to study] Torah at all times and is obsessed with its [study] as was ben Azzai,3 and clings to it throughout his life, without marrying, he is not considered to have transgressed.4
[This applies] provided a man's natural inclination does not overcome him.5 If, however, his natural inclination overcomes him, he is obligated to marry, even if he has already fathered children, lest he be prompted to [sexual] thoughts.6ג
מי שחשקה נפשו בתורה תמיד ושוגה בה כבן עזאי ודבק בה כל ימיו ולא נשא אשה אין בידו עון. והוא שלא יהיה יצרו מתגבר עליו אבל אם היה יצרו מתגבר עליו חייב לישא אשה ואפילו היו לו בנים שמא יבוא לידי הרהור:
4
How many children is it necessary for a man to have fathered to be considered to have fulfilled this mitzvah? One boy and one girl,7 as [implied by Genesis 5:2]: "He created them, a male and a female." If the son was a sarisor the daughter an aylonit, he is not considered to have fulfilled this mitzvah.8ד
כמה בנים יהיו לאיש ותתקיים מצוה זו בידו זכר ונקבה. שנאמר זכר ונקבה בראם. היה הבן סריס או שהיתה הבת אילונית לא קיים מצוה זו:
5
A man is considered to have fulfilled the mitzvah of being fruitful and multiplying [even when] he fathers [children] and they die, so long as [his children] have left behind children [of their own]. For grandchildren are considered to be children.
When does the above apply? When the person's grandchildren are both male and female, and they are descended from a male and a female, even though the male grandchild is the son of the man's daughter, and the female grandchild is the daughter of the man's son.9 Since they come from two of his children, he is considered to have fulfilled the mitzvah of being fruitful and multiplying. If, however, he had a son and a daughter who both died, and [one did not leave any children, while] one left a son and a daughter, the grandfather is not considered to have fulfilled this mitzvah.ה
נולדו לו ומתו והניחו בנים הרי זה קיים מצות פריה ורביה. בני בנים הרי הם כבנים. בד"א בשהיו בני הבנים זכר ונקבה והיו באים מזכר ונקבה אעפ"י שהזכר בן בתו והנקבה בת בנו הואיל והם משני בניו הן באים הרי קיים מצות פריה ורביה. אבל אם היו לו בן ובת ומתו והניח אחד מהן זכר ונקבה עדיין לא קיים המצוה:
6
When [a convert] had fathered children as a gentile, and both he and they convert,10 he is considered to have fulfilled this mitzvah. By contrast, a freed slave who had fathered children as a slave is not considered to have fulfilled this mitzvah, although his children were also freed. Instead, he must father children after he has been freed. [The rationale is that] a slave is not considered to have any paternal lineage.ו
היו לו בנים בגיותו ונתגייר הוא והם הרי זה קיים מצוה זו. היו לו בנים והוא עבד ונשתחרר הוא והם לא קיים מצות פריה ורביה עד שיוליד אחר שנשתחרר שהעבד אין לו יחוס:
7
A man should not marry a barren women, an elderly woman, an aylonit or a minor who is not fit to bear a child11 unless he has already fulfilled the mitzvah of being fruitful and multiplying,12 or he has another wife with whom he can father children.13
When a man has married a woman and remained married to her for ten years14 without her bearing children,15 he must divorce her and pay her [the money due her by virtue of her] ketubah, or marry a woman who is fit to bear children.
If he does not desire to divorce her, he should be compelled to do so; he should be beaten with a rod until he divorces her.16 Even when he says, "I will not engage in marital relations with her. Instead, we will dwell together with witnesses so that we will not ever be in private," regardless of whether it is he or she who offers this proposition,17 it is not accepted. Rather, he is required to divorce [his wife] or marry another woman who is fit to bear children.ז
לא ישא אדם עקרה וזקנה ואילונית וקטנה שאינה ראויה לילד אלא אם כן קיים מצות פריה ורביה או שהיתה לו אשה אחרת לפרות ולרבות ממנה. נשא אשה ושהתה עמו עשר שנים ולא ילדה הרי זה יוציא ויתן כתובה או ישא אשה הראויה לילד. ואם לא רצה להוציא כופין אותו ומכין אותו בשוט עד שיוציא. ואם אמר איני בועלה והריני שוכן עמה בפני עדים כדי שלא אתיחד עמה בין שאמרה היא בין שאמר הוא אין שומעין אלא יוציא או ישא אשה הראויה לילד:
8
When a man has lived [together with his wife] for ten years without her bearing children, and he releases semen as one shoots an arrow,18 it can be assumed that the affliction comes from her.19 Therefore, he should divorce her without paying her [the essential requirement of] the ketubah. She is, however, entitled to the additional sum [by which the ketubah was increased]. [The rationale is that] such a woman should not be judged more severely than an aylonit whose husband did not recognize her condition, who is granted the additional amount, as will be explained.20
If [the husband] does not [release semen] as one shoots an arrow, it can be assumed that the affliction comes from him alone. When he divorces her, he must pay her [the entire sum due her by virtue of her] ketubah: the essential requirement and the additional sum.ח
שהתה עשר שנים ולא ילדה והרי הוא יורה כחץ שכבת זרע. חזקת החולי ממנה ותצא שלא בכתובה ויש לה תוספת לא תהיה זו פחותה מאיילונית שלא הכיר בה שיש לה תוספת כמו שיתבאר. ואם אינו יורה כחץ חזקת החולי ממנו בלבד ויוציא ויתן הכתובה כולה עיקר ותוספת:
9
[The following rules apply when there is a dispute with regard to which of the couple it is whose affliction prevents the couple from having children. The husband] claims: "It is she who cannot bear children," and she claims "He cannot conceive children, for he does not [release semen] as one shoots an arrow." Her word is accepted. He may, however, have a ban of ostracism issued conditionally against anyone who makes a claim that she does not definitely know to be true. Afterwards, he must pay her [the money due her by virtue of her] ketubah.
If she says, "I do not know if the difficulty stems from me or from him," she is not entitled to the essential requirement of the ketubah, as explained. [The rationale is that] the money should stay in the possession of its owner until she makes a definite claim21 that he does not [release semen] as one shoots an arrow.
Why is the woman's word accepted when she makes such a claim? Because she can feel whether or not he [releases semen] as one shoots an arrow, and he cannot make such a distinction.ט
הוא אומר ממנה נמנע הולדה והיא אומרת ממנו נמנע מפני שאינו יורה כחץ נאמנת. ויש לו להחרים סתם על מי שטוענת דבר שאינה יודעת בו בודאי ואחר כך יתן כתובה. ואם אמרה איני יודעת אם ממני אם ממנו אין לה עיקר כתובה כמו שאמרנו העמד ממון בחזקת בעליו עד שתטעון בודאי שאינו יורה כחץ. ולמה נאמנת היא בטענה זו מפני שהיא מרגשת אם יורה כחץ אם לא יורה כחץ והוא אינו מרגיש:
10
When a woman demands of her husband to divorce her after ten years [of marriage], because she has not given birth,22 and she claims that he does not [release semen] as one shoots an arrow, her request is accepted.23Although she is not commanded to fulfill the mitzvah of being fruitful and multiplying, she needs sons [to assist] her in her old age.24 [Therefore,] he should be compelled to divorce her.
He is required to give her only the essential requirement of the ketubah. [He is not required to give her the additional amount,] because he did not promise her this additional amount with the intent that she leave him at her will and take this money.י
האשה שבאה לתבוע מבעלה לגרשה אחר עשר שנים מפני שלא ילדה והיא אומרת שאינו יורה כחץ שומעין לה. אע"פ שאינה מצווה על פריה ורביה צריכה היא לבנים לזקנותה. וכופין אותו להוציא ויתן עיקר כתובה בלבד שלא כתב לה התוספת ע"מ שתצא לרצונה ותטול:
11
If [a husband] travels on an [extended] business trip during these ten years, or either the husband or the wife were ill or confined in prison, [the time that the couple did not share together] is not included in the calculation [of the ten years].25יא
הלך בסחורה בתוך עשר שנים או שהיה הבעל חולה או שהיתה היא חולה או שהיו חבושין בבית האסורין אין עולה להן אותו זמן מן המנין:
12
If a woman miscarries, [the ten years are] recalculated from the day of the miscarriage.
If a woman has three successive miscarriages,26 we can presume that she will continue to miscarry, and there is the possibility that [her husband] will not merit to have children from her. Therefore, he should divorce her,27 and pay her [the money due her by virtue of her] ketubah.יב
הפילה מונה מיום שהפילה. אם הפילה וחזרה והפילה שלש פעמים הוחזקה לנפלים ושמא לא זכה להבנות ממנה ויוציא ויתן כתובה:
13
[The following rules apply when there is a difference between the information stemming from the claims of a husband and his wife.] He claims that she has miscarried within the ten years so that they can continue [their marriage], and she denies the miscarriage. [Her claim] is believed; [if it were not true,] she would not cause herself to be considered barren.28
If he claims that she has miscarried twice, and she claims to have miscarried three times, [her claim] is believed. [If it were not true,] she would not cause herself to be considered a woman who [continually] miscarries.
[Therefore, in both instances,] he should divorce her and pay her [the money due her by virtue of her] ketubah. With regard to the above situations, he may require her to take a Rabbinic oath that she did not miscarry or that she miscarried three times. For this claim obligates him to pay her [the money due her by virtue of her] ketubah.29יג
הוא אומר הפילה בתוך עשר כדי שישהה עמה והיא אומרת לא הפלתי נאמנת שאינה מחזקת עצמה בעקרות. הוא אומר הפילה שנים והיא אומרת הפלתי שלשה נאמנת שאינה מחזקת עצמה במפלת ויוציא ויתן כתובה. ובכל זה משביעה שבועת היסת שלא הפילה או שהפילה שלשה שבטענה זו יתחייב ליתן כתובה:
14
[When a woman] marries one man, remains married to him for ten years without bearing a child and is divorced [for that reason], she is permitted to marry a second husband.30 If she remained married to the second husband for ten years without bearing a child, she should not marry a third husband.31
If she marries a third husband, she should be divorced; [he is] not [required to pay her the money due her by virtue of] her ketubah.32 [This applies] unless he has another wife, or he has already fulfilled the mitzvah of being fruitful and multiplying.יד
נשאת לראשון ושהתה עמו עשר שנים ולא ילדה והוציאה מותרת להנשא לשני. שהתה עם השני עשר שנים ולא ילדה לא תנשא לשלישי. ואם נשאת לשלישי תצא שלא בכתובה אלא אם כן יש לו אשה אחרת או שקיים מצות פריה ורביה:
15
[The following laws apply when] a woman comes to court and claims that her husband cannot perform sexually in an ordinary way that will lead to the conception of children, or that he does not [release semen] as one shoots an arrow.33 The judges should try to arrange a compromise,34 telling the woman: "It is proper for you to conduct yourself with your husband [as follows]: Remain [married] for ten years. [If] you do not give birth, come to him with a claim at that time."
We protract the negotiations of this matter with her; we do not require her to continue living with him, nor do we judge her as a woman who rebels against her husband. Instead, the dealings are prolonged until the two parties reach a compromise.טו
האשה שבאה לבית דין ואמרה בעלי אינו יכול לשמש כדרך כל הארץ שמוש שמוליד או שאינו יורה כחץ יעשו הדיינין פשרה ואומרים לה ראוי ליך שתנהגי עם בעליך עד שתשהי עשר שנים ולא תולידי ואח"כ תתבעי. ומגלגלין עמה בדבר זה ואין כופין אותה לישב ולא דנין אותה כדין המורדת אלא מאריכין בדבר זה עד שיעשו פשרה:
16
Although a man has fulfilled the mitzvah of being fruitful and multiplying, he is bound by a Rabbinic commandment not to refrain from being fruitful and multiplying as long as he is physically potent.35 For anyone who adds a soul to the Jewish people is considered as if he built an entire world.36
Similarly, it is a mitzvah of our Sages that a man should not live without a wife,37 so that he will not be prompted to [sexual] thoughts.38 Similarly, a woman should not live without a man,39 so that she will not be suspected [of immoral conduct].טז
אף ע"פ שקיים אדם מצות פריה ורביה הרי הוא מצווה מדברי סופרים שלא יבטל מלפרות ולרבות כל זמן שיש בו כח. שכל המוסיף נפש אחת בישראל כאילו בנה עולם. וכן מצות חכמים היא שלא ישב אדם בלא אשה שלא יבא לידי הרהור. ולא תשב אשה בלא איש שלא תחשד:
17
It is an obligation for a man to admonish40 his wife. Our Sages declared:41 "A man will not admonish his wife unless a spirit of purity enters his being." [Nevertheless,] he should not admonish her more than necessary.42
[A man] should never compel [his wife] to engage in sexual relations against her will. Instead, [relations] should be with her agreement, [preceded by] conversation and a spirit of joy.43יז
וחובה על כל איש לקנאות לאשתו. אמרו חכמים אין אדם מקנא לאשתו אלא אם כן נכנסה בו רוח טהרה. ולא יקנא לה ביותר מדאי ולא יאנוס אותה ויבעול בעל כרחה אלא בדעתה ומתוך שיחה ושמחה:
18
Similarly, our Sages commanded a woman to conduct herself modestly at home, not to proliferate levity or frivolity before her husband, not to request intimacy verbally,44 nor to speak about this matter.
She should not deny her husband [intimacy] to cause him anguish, so that he should increase his love for her. Instead, she should oblige him whenever he desires. She should keep her distance from his relatives and the members of his household so that he will not be provoked by jealousy and should avoid scandalous situations - indeed, any trace of scandal.45יח
וכן צוו חכמים על האשה שתהיה צנועה בתוך ביתה. ולא תרבה שחוק וקלות ראש בפני בעלה. ולא תתבע תשמיש המטה בפיה. ולא תהיה מדברת בעסק זה. ולא תמנע מבעלה כדי לצערו עד שיוסיף באהבתה אלא נשמעת לו בכל עת שירצה. ותזהר מקרוביו ובני ביתו כדי שלא יעבור עליו רוח קנאה ותתרחק מן הכיעור ומן הדומה לכיעור:
19
Similarly, our Sages commanded that a man honor his wife more than his own person, and love her as he loves his own person. If he has financial resources, he should offer her benefits in accordance with his resources. He should not cast a superfluous measure of fear over her. He should talk with her gently, being neither sad nor angry.יט
וכן צוו חכמים שיהא אדם מכבד את אשתו יותר מגופו ואוהבה כגופו. ואם יש לו ממון מרבה בטובתה כפי ממונו. ולא יטיל עליה אימה יתירה ויהיה דבורו עמה בנחת ולא יהיה עצב ולא רגזן:
20
And similarly, they commanded a woman to honor her husband exceedingly and to be in awe of him. She should carry out all her deeds according to his directives, considering him to be an officer or a king. She should follow the desires of his heart and shun everything that he disdains.
This is the custom of holy and pure Jewish women and men in their marriages. And these ways will make their marriage pleasant and praiseworthy.כ
וכן צוו על האשה שתהיה מכבדת את בעלה ביותר מדאי ויהיה עליה מורא ממנו ותעשה כל מעשיה על פיו. ויהיה בעיניה כמו שר או מלך מהלכת בתאות לבו ומרחקת כל מה שישנא. וזה דרך בנות ישראל ובני ישראל הקדושים והטהורים בזיווגן. ובדרכים אלו יהיה ישובן נאה ומשובח:
FOOTNOTES
1.Conjugal rights are a privilege granted to a wife, and she has the right to forego them if she and her husband consent. Fathering children, by contrast, is one of the Torah's commandments, and a woman may not prevent her husband from fulfilling his obligation. See Yevamot 65b.
The Turei Zahav (Even HaEzer 1:1) and the Beit Shmuel 1:1 question the Rambam's decision. For, as stated in Halachah 16, even after the person has fulfilled the mitzvah of being fruitful and multiplying, he is obligated by rabbinic law to continue to father children. Seemingly, just as a man's wife may not prevent him from fulfilling the obligations imposed on him by the Torah, so too, she may not prevent him from fulfilling the obligations imposed on him by our Sages.
The Pitchei Teshuvah 1:1 resolves this difficulty by quoting the Chidah, who explains that our Sages did not equate the obligation to continue to father children with the Torah's obligation to be fruitful and multiply. As long as a man endeavors to continue to father children from time to time, it is acceptable. There is no need to persist with the same perseverance as one who has not yet fulfilled this mitzvah. (See also the notes on Halachah 7.)
2.Sefer HaMitzvot (Positive Commandment 212) and Sefer HaChinuch (Mitzvah 1) include this as one of the Torah's 613 mitzvot.
3.See Yevamot 63b.
4.The Turei Zahav 1:6 interprets this expression as meaning that, at the outset, this is not a desirable course of action to follow.
5.This condition applies also to the license to delay marriage mentioned in the previous halachah.
6.In connection with this law, the commentaries cite Yoma 29a, which states: "Thoughts of sin are more damaging than sin itself." Instead of pointing his life to spiritual refinement, the individual is directing himself to sinful thoughts.
7.But if a man has only several sons or only several daughters, he is not considered to have fulfilled the mitzvah.
8.See Chapter 2 for a definition of these terms. Since this child is incapable of conceiving children, the child's father is not considered to have fulfilled the mitzvah.
9.Tosafot (Yevamot 62b) states that even if the grandchildren are two males or two females, one is considered to have fulfilled this mitzvah. The Shulchan Aruch (Even HaEzer 1:6), however, quotes the Rambam's view.
10.Tosafot states that even if the convert's children did not themselves convert, the convert is considered to have fulfilled this mitzvah. (See Beit Shmuel 1:12.)
11.From the Shulchan Aruch (Even HaEzer 23:1), one can infer that sexual relations with a minor are considered as emitting wasted seed, one of the more severe prohibitions of the Torah. The Ramah (loc. cit.:5) and other authorities, however, differ and explain that as long as relations are carried out in an ordinary manner, having relations with a minor or an aylonit does not violate this prohibition.
12.Rav Moshe Cohen states that since, as mentioned in Halachah 16, a person is obligated to continue fathering children, a man is obligated to marry a woman who can bear children even after fulfilling the mitzvah. The Maggid Mishneh states that in principle the Rambam also accepts this ruling, as indicated by his wording in Hilchot Issurei Bi'ah 21:26. In this instance, he was merely stating the law required by the Torah.
The Ramah (Even HaEzer 1:3) states although it would be proper to rebuke a person for marrying such a woman, this is not done in the present age.
13.As mentioned previously, in the Ashkenazic community it is customary not to marry more than one wife. All the laws mentioned in this halachah must be viewed with that principle in mind.
14.In his Commentary on the Mishnah (Yevamot 6:7), the Rambam writes that the source for this practice is Sarah's giving Hagar to Abraham: "After ten years in which Abram had lived in the Land of Canaan" (Genesis 16:3). Since this period passed without her bearing children, she provided him with another wife who could.
15.The Rivash (Responsum 15, quoted by the Ramah 154:10) explains that if after having one child together, a couple do not have children for ten years, they are not forced to divorce.
16.The Ramah (Even HaEzer 1:3) states that in his time, it was no longer customary to compel a man to divorce a woman who has not borne children to her husband. (See also the Hagahot Maimoniot, which quote opinions that state that in this age, and particularly in the diaspora, there is no obligation to divorce a woman even though she has not borne children in this amount of time. At present, there are many Rabbis who have divorced their wives in such a situation, but at least an equal number who have not. Every person has the prerogative of making his own decision regarding this matter.)
17.I.e., rather than bear the expense of paying her ketubahimmediately, the man desires to remain married; or from the woman's perspective, rather than have to earn her own subsistence, she desires to remain married.
18.Chaggigah 15a states that unless a man releases semen as one shoots an arrow, he will not be able to father children.
19.As reflected in the following halachah, the Rambam maintains that unless the man's wife explicitly claims that he does not release semen as one shoots an arrow, it is assumed that the affliction is the woman's. Therefore, she is not entitled to the essential requirement of the ketubah.
The Ra'avad differs and maintains that for the responsibility to be placed on the woman, she must have been married to two other men previously, and in both instances, divorced after ten years for not bearing children. The Ramah (Even HaEzer 154:6) accepts this opinion.
20.See Chapter 23, Halachot 2 and 3.
21.The husband keeps possession of the money he is required to pay his wife by virtue of her ketubah. Although our Sages accepted her word when she issues a claim against her husband, they did so only when that claim was definite. If she is in doubt, the money should remain in the possession of its immediate owner.
22.The Beit Yosef (Even HaEzer 154) states that as long as a woman has given birth to one child, whether a son or a daughter, she is not given the prerogative of making such a claim.
The Ma'aseh Rokeach explains that this refers to an instance in which the man fathered children before marrying this woman, but then his physical condition deteriorated, and, according to the woman's claim, he is no longer able to release semen in an ordinary way. Were this not the case, he would be compelled to divorce her in order to fulfill the mitzvah of having children. Since he has, however, fulfilled that mitzvah, he is not compelled to divorce his wife. Therefore, it is the woman who must take the initiative.
23.As reflected in the ruling of the Shulchan Aruch (Even HaEzer154:6), other authorities emphasize that the woman's request must be made solely for this reason. If the court feels that she desires [the money due her by virtue of] her ketubah or to marry another man (Be'urei HaGra 154:25), her request is not accepted.
24.Yevamot 65b states "she needs a staff for support and a spade for burial" - i.e., sons to support her in her old age and to take care of her funeral arrangements.
25.The Shulchan Aruch (Even HaEzer 154:11) follows the understanding of Rabbenu Asher, who interprets this ruling as applying even when it was possible for the couple to engage in marital relations during the situations mentioned. It is possible that just as their conduct aroused negative spiritual influences resulting in illness or imprisonment, those negative influences - and not the physical condition of the man or woman - prevented them from having children. From the Rambam's Commentary on the Mishnah (Yevamot 6:7), it does not appear that he shares this understanding.
26.Even within a period shorter than ten years (Rabbenu Asher).
27.She is, however, permitted to marry another man (Shulchan Aruch, Even HaEzer 154:12).
28.The Beit Shmuel 154:29 emphasizes that this law and the following law apply only when the court does not suspect that the woman desires to marry another man. This is also reflected in the Rambam's wording, which indicates that her claim comes as a response to the court's initiative.
29.Although the Ra'avad differs and does not require an oath in this situation, the Maggid Mishneh and the Kessef Mishneh support the Rambam's position. It is the Rambam's position that is accepted by the Shulchan Aruch (Even HaEzer 154:15).
30.It is possible that the woman is not barren. It was merely that the two did not merit to conceive children together (Yevamot 64a).
31.Although a factor must normally repeat itself three times for a chazakah (a presumption that can be relied on) to be established, an exception is made with regard to the laws of marriage. In this context, the opinion that considers a twofold occurrence to be a chazakah is followed.
32.This ruling applies only if the husband had been unaware of the woman's condition previously. If he knew of her condition, he is obligated to pay her [the money due her by virtue of her] ketubah, as is the law with regard to an aylonit (Chapter 24:1-2).
33.As reflected in the Rambam's Commentary on the Mishnah (the conclusion of Nedarim), the Rambam does not interpret this as referring to an instance where the husband is sexually impotent entirely. Instead, it refers to a situation in which he can function, but it is the woman's belief that he will never conceive children. See the Lechem Mishneh and the interpretation of the Ralbach (Responsum 32). If, however, the woman were to claim that her husband is impotent, her word would be accepted.
Note, however, the Rashba (Vol. I, Responsum 628) and K'nesset HaGedolah (Even HaEzer 154:60), which interpret this halachah as speaking about an instance where the husband is sexually impotent.
34.In his Commentary on the Mishnah (loc. cit.), the Rambam states that, in theory, it would be proper to compel the husband to grant his wife a divorce immediately. This is not done, however, out of fear that her claim is untrue and she merely desires to marry another man.
He continues, stating that the court should try to develop communication between the couple. If those efforts fail, a compromise should be negotiated - e.g., in return for not compelling the woman to wait ten years for the divorce, the amount of money the husband is required to pay because of the ketubah should be reduced.
35.Yevamot 62a states: "[Although a man] fathers children in his youth, he should continue to do so at an advanced age, as implied by [Ecclesiastes 11:6]: 'In the morning, sow your seed; and in the evening, do not withhold your hand.'"
As mentioned above, the Chidah explains that as long as a man endeavors to continue fathering children from time to time, it is acceptable. One need not attempt to conceive children at every opportunity. Based on this decision, there are authorities who permit the limited use of certain birth control devices. The matter is not, however, entirely clear cut and should be discussed with a competent Rabbinic authority with regard to one's actual conduct.
36.Similarly, having children leads to the coming of the Redemption. Yevamot 63b states that the Mashiach will not come until all the souls destined to be conceived are born.
37.The Shulchan Aruch (Even HaEzer 1:8) explains that this commandment applies when the husband cannot support a wife who can bear children and increase the size of his family.
38.See Yevamot 62b, which states: "Any man who is unmarried is left without happiness, without good and without blessing."
Rav David Cohen quotes Rav Yitzchak Alfasi as maintaining that the requirement to marry stems from the Torah and not from our Sages, as the Rambam maintains.
39.See Hilchot Issurei Bi'ah 21:26, which states that it is permissible for a woman never to marry.
40.Here the term לקנאת, translated as "admonish," has a specific meaning: to warn one's wife not to enter into privacy with another man. If this warning is disobeyed, the woman must undergo the rites of a sotah to continue her marriage.
41.Sotah 3a. Although this is the subject of a difference of opinion among our Sages, the Rambam follows the opinion of Rabbi Akiva.
42.See the conclusion of Hilchot Sotah for a more detailed treatment of this subject.
43.See Hilchot De'ot 5:4-5.
44.Eruvin 100b states that a woman requests intimacy with her heart.
45.See Chapter 24, Halachah 15ff.
Rambam:
• 3 Chapters A Day: She'ar Avot haTum'ah She'ar Avot haTum'ah - Chapter 12, She'ar Avot haTum'ah She'ar Avot haTum'ah - Chapter 13, She'ar Avot haTum'ah She'ar Avot haTum'ah - Chapter 14
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Audio: Listen | Download | Video ClassShe'ar Avot haTum'ah - Chapter 12
1
Our Sages established eleven stringencies applying to consecrated foods that do not apply to terumah. They are the following:
A person may immerse keilim inside other keilim to use for terumah, but not those to be used for consecrated foods. This is a decree lest the opening of the container be narrow and not be as wide as the mouthpiece of a drinking pouch. Thus the keilim inside of it would be considered as if they were immersed in the waters of the k'li and not in the waters of the mikveh. When does the above apply? When the large container in which the small impure keilim were placed was pure. If, however, it was impure, since the immersion is valid for it, it is also valid for the keilim inside of it, even though they were to be used for consecrated foods.
א
אחת עשרה מעלות עשו חכמים לקדש על התרומה ואלו הן: יש לאדם להטביל כלים בתוך כלים לתרומה אבל לא לקדש גזירה שמא יהיה פי הכלי צר ולא יהיה בו כשפופרת הנוד ונמצאו הכלים שבתוכו כאלו טבלו במים שבכלי לא במקוה במה דברים אמורים כשהיה הכלי הגדול שיש בתוכו הכלים הטמאין טהור אבל אם היה טמא מתוך שעלתה לו טבילה עלתה טבילה לכלים שבתוכו אפילו להשתמש בהן בקדש:
2
When the outer surface of a container contracted impurity because it touched liquids, its inner space does not become impure, nor does the fingerhold on its rim. Any liquids in its inner space or on its fingerhold are pure. One may drink from it. There is no need to worry that the liquids in his mouth will touch the outer surface of the container and then flow back in, causing its inner space to become impure.
With regard to what does the above apply? To containers used for terumah. If, by contrast, they are used for consecrated foods, when the outer surface becomes impure, the k'li becomes impure in its totality.
ב
כלי שנטמאו אחוריו במשקין לא נטמא תוכו ולא בית אצבע שבעובי שפתו והמשקין שבתוכו או שבבית צביעתו טהורין ושותה בו ואינו חושש שמא יגעו משקין שבפיו באחורי הכלי ויחזרו ויטמאו תוכו בד"א לתרומה אבל לקדש נטמאו אחוריו נטמאו כולן:
3
When a person carries an article on which a zav had been supported, he is permitted to carry terumahtogether with it. Since the person carrying the support is not touching the terumah and the terumah is not touching the support, the terumah is pure. This leniency does not apply to consecrated foods.
An incident occurred with a person who was carrying a jug of consecrated wine and he caused it to contract impurity because of an impure support he was carrying with it. At that time, the Sages decreed that one who carries such a support should not carry consecrated food. The decree was only instituted with regard to carrying such a support with consecrated food, as in the incident that occurred. If the person transgressed and carried the two together, since the support did not touch the consecrated food, the consecrated food is pure.
ג
הנושא את המדרס מותר לו לישא עמו תרומה כאחד והואיל ואין הנושא נוגע בתרומה ולא תרומה נוגעת במדרס הרי היא טהורה אבל לא הקדש אף ע"פ שלא נגע בו מעשה היה באחד שנשא חבית של קדש טמאה במדרס שנשא עמה באותה שעה גזרו שהנושא את המדרס לא ישא את הקדש ולא נזרו אלא במדרס עם הקדש כמעשה שהיה ואם עבר ונשא הואיל ולא נגע בקדש הרי הקדש טהור:
4
The clothes of people who partake of terumah, even though they are pure and they are careful not to contract impurity, are considered as the support of a zavwith regard to consecrated foods.
ד
בגדי אוכלי תרומה אף על פי שהן טהורין ונזהרין מן הטומאות הרי בגדיהן מדרס לקדש:
5
When a k'li is made up of several component parts and its surfaces and beams are tied together, e.g., a bed or the like, if it contracts impurity and must be immersed for terumah, it may be immersed in its entirety, as one entity, while tied together. If it must be immersed for consecrated foods, he must untie all the component parts, wipe each of them down, lest there be an intervening substance upon them and immerse them one by one. Afterwards, he may retie them.
ה
כלי שהוא מפוצל ולוחותיו וקורותיו מקושרות כגון מטה וכיוצא בה אם נטמא וצריך להטבילו לתרומה יש לו להטבילו כולו כאחד כשהוא מקושר אבל לקדש מתיר ומנגב שמא יש שם דבר החוצץ ומטביל ואחר כך קושר:
6
When the fashioning of utensils is completed in a state of purity, even if the one fashioning them is a Torah scholar who was scrupulous in keeping them pure, they must be immersed before they are used for consecrated food. It is not, however, necessary to wait until nightfall. For terumah, however, they may be used without being immersed, because they were fashioned in a state of purity.
Why did the Sages require that such a k'li be immersed before being used for consecrated food? This is a decree, lest the spittle of an unlearned person have touched it while it was being fashioned and was still moist when it was completed.
ו
כלים הנגמרין בטהרה אפילו היה העושה אותן ת"ח ונזהר בהן הרי אלו צריכין טבילה לקדש ואינן צריכין הערב שמש אבל לתרומה משתמש בהן בלא טבילה שהרי נעשו בטהרה ומפני מה הצריכום טבילה לקדש גזירה משום רוק ע"ה שיגע בהן בשעת מלאכה ועדיין הוא לח:
7
Everything inside of a container is considered as joined with regard to consecrated food, but not with regard to terumah.
What is implied? When there is a container filled with fruits that are separate from each other, e.g., raisins and dried figs, if a source of impurity touches one of them, everything that is in the container is impure with regard to consecrated foods, but not with regard to terumah.
All of these stringencies are Rabbinic in origin. There is, however, an allusion to this stringency in the Torah. Numbers 7:14 states: "One golden ladle, weighing ten shekalim, filled with incense." Our Sages said: Everything that is in the ladle is considered as one entity. Even if a k'lidoes not have a hollow space, everything that is upon it is considered as joined together with regard to consecrated foods. For example, figs were collected on a board or on a hide; even though they are not touching each other, they are considered as a single entity.
ז
אחר שנגמר הכלי מצרף מה שבתוכו לקדש אבל לא לתרומה כיצד כלי שהוא מלא פירות פרודין זה מזה כגון צימוקין וגרוגרות ונגעה טומאה באחד מהן נטמא כל מה שבכלי לקדש אבל לא לתרומה וכל המעלות של דבריהם הם ורמז יש למעלה זו בתורה כף אחת עשרה זהב מלאה קטרת אמרו חכמים כל מה שבכף הרי הוא כגוף אחד אפילו שאין לו תוך מצרף מה שעליו לקדש כגון שהיו צבורין ע"ג הלוח או ע"ג העור אע"פ שאין הפירות נוגעין זה בזה:
8
The following rules apply when there were two masses within a container, another entity separating them from each other, and one of the masses becomes impure. If the entity between them is required by the container, everything is joined together and it all becomes impure. If it is not required by the container, only the mass that was touched by the impurity contracts impurity.
ח
היו שני הציבורין בתוך הכלי ודבר אחר ביניהן ונטמא אחד משניהן אם היה הדבר שביניהן צריך לכלי הכלי מצרפן ונטמא הכל ואם אינו צריך לכלי לא נטמא אלא זה שנגעה בו הטומאה בלבד:
9
If there were two masses in a container and one mass was connected to water that was behind the container, should an impure person touch the second mass, they both contract impurity, because they are joined by the container. Moreover, even though it is behind the container, the water that is behind the container becomes impure, because of the food that is connected to it.
If an impure person touched the water that is behind the container, the food that is connected to it contracts impurity. There is an unresolved question whether the other mass of food becomes impure because it is considered joined by the container or it is not considered as impure although it is joined.
ט
היו שני ציבורין בכלי והציבור האחד מחובר למים שאחורי הכלי ונגע טמא בציבור השני נטמאו שניהן בצירוף הכלי ונטמאו המים שאחורי הכלי מחמת זה האוכל המחובר להן אף על פי שהן אחורי הכלי נגע הטמא במים שאחורי הכלי נטמא האוכל המחובר להן והדבר ספק אם נטמא האוכל השני בצירוף הכלי או לא נטמא מחמת הצירוף:
10
When consecrated food that became impure was placed in a container which also held other consecrated food that was pure, as long as they do not touch each other, the one that is pure remains pure and the one that is impure remains impure. If a person who immersed that day comes and touches the impure food, an unresolved doubt arises: Does the principle that a container joins the masses it holds cause the pure food to become disqualified because the impure food was touched by the person who immersed or is it not disqualified, because the person who immersed only touched food that had already been saturated with impurity and he did not add anything else to it.
י
אוכל קדש שנטמא והניחו בכלי ובתוך הכלי אוכל קדש אחר טהור ואין נוגעין זה בזה הטהור בטהרתו והטמא בטומאתו בא טבול יום ונגע באוכל הטמא יש בדבר זה ספק אם נפסל הטהור מחמת מגע טבול יום מפני צירוף הכלי או לא נפסל שלא נגע טבול יום אלא באוכל ששבע מן הטומאה ולא הוסיף לו כלום:
11
Consecrated food that is a fourth degree derivative of impurity is disqualified, but if it were terumah it would be pure. Similarly, if terumah that was a tertiary derivative touched a consecrated liquid, it contracts impurity, as we explained. When, by contrast, terumah or consecrated food that is a tertiary derivative touched a liquid that is terumah, it is not disqualified.
יא
הרביעי בקדש פסול אבל בתרומה טהור וכן שלישי בתרומה אם נגע במשקה קדש הרי זה נטמא כמו שביארנו והשלישי שבתרומה או שבקדש אם נגע במשקה תרומה לא פסלו:
12
When one of a person's hands contracted impurity and he then touched his other hand or the hand of another person, he disqualified the other hand and it is considered as a tertiary derivative. If his hand was moist with liquid, the other hand contracts impurity even if it was not touched. He must immerse both of them in a mikveh. Only afterwards may he touch consecrated food.
With regard to terumah, by contrast, if one of his hands contracts impurity, the other does not, even if he touched it, provided the first was dry. He need not immerse the hand that contracted impurity. It is sufficient to wash it in the ritual manner. He may then touch terumah.
יב
מי שנטמאת ידו אחת ונגע בה בידו שנייה או ביד חבירו פסל את השנייה והרי היא כשלישי ואם היה ידו בלולה במשקה אע"פ שלא נגע נטמאת חבירתה וצריך להטביל את שתיהן ואחר כך יגע בקדש אבל בתרומה אם נטמאת ידו האחת לא נטמאת חבירתה ואפילו נגע בה כשהיא נגובה ואין צריך להטביל ידו שנטמאת אלא נוטלה ונוגע בתרומה:
13
Dry foods that have not become susceptible to contract impurity may be eaten with impure hands. With regard to what does the above apply? To terumah. With regard to consecrated food, by contrast, the cherished quality of consecrated food causes it to be considered as susceptible to impurity and it is forbidden for someone whose hands are impure to eat consecrated food even if it was not made susceptible to impurity by contact with liquids.
Even if the person with impure hands did not actually touch the consecrated food with his hands, only with a weaving needle or his friend inserted it into his mouth, this is forbidden. Needless to say, if a source of impurity touched consecrated food that was not made susceptible to impurity by contact with liquids, it becomes impure, because the cherished quality of consecrated food causes it to be considered as susceptible to impurity.
יג
אוכלין נגובין שלא הוכשרו אוכלין אותם בידים מסואבות במה ד"א בתרומה אבל בקדש חיבת הקדש מכשרתן ואסור למי שידיו טמאות לאכול קדש שלא הוכשר ואפילו לא נגע בו אלא בכוש או שתחב לו חבירו לתוך פיו הרי זה אסור ואצ"ל שאם נגעה טומאה באוכלין של קדש שלא הוכשרו שנטמאו מפני שחיבת הקדש מכשרתן:
14
In which instances does the above principle apply? With regard to disqualifying the food itself and to cause it to become forbidden to be eaten. There is, however, an unresolved question with regard to counting primary or secondary derivatives if other entities come in contact with such consecrated food.
What is implied? If consecrated food contracted impurity without being made susceptible to impurity by contact with liquids with other food that was made susceptible to impurity by contact with liquids, there is an unresolved doubt, because the first food had not become susceptible to impurity because of contact with liquids.
יד
במה דברים אמורים לפסול האוכל עצמו ולאסרו באכילה אבל למנות בו ראשון ושני ה"ז ספק כיצד נגע אוכל שנטמא בלא הכשר באוכל שני שהוכשר הרי זה השני ספק מפני שהראשון לא הוכשר:
15
Even after a mourner's period of acute mourning ends or after a person who was lacking atonement brings the sacrifices that bring him atonement, he must immerse in a mikveh before partaking of consecrated food, but not before partaking of terumah. For a person in a state of acute mourning and one who is lacking atonement may partake of terumah.
Why did the Sages require immersion before partaking of consecrated food? Because until this time, such individuals were forbidden to partake of consecrated food. Hence it is possible that they diverted their attention from their bodies and contracted impurity without knowing of it. This stringency was imposed only with regard to eating, but not with regard to touching. Such individuals may touch consecrated foods before immersion.
טו
האונן אחר שתם זמן אנינותו ומחוסר כפורים אחר שהביא כפרתו צריכין טבילה לאכילת הקדש אבל לא לתרומה שהאונן ומחוסר כיפורים מותרין לאכול את התרומה ומפני מה הצריכום טבילה לקדש שהרי עד עתה היו אסורין לאכול את הקדש והסיחו דעתן ושמא נטמאו והם לא ידעו ולא עשו מעלה זו אלא לאכילה אבל לנגיעה נוגעים בקדשים קודם טבילה:
16
The first six stringencies were imposed both with regard to consecrated foods and with regard to ordinary foods prepared with the stringencies of consecrated foods. The last five stringencies, beginning with "everything inside a utensil is considered as joined" applies only to consecrated food alone, but not to ordinary foods prepared with the stringencies of consecrated foods. With regard to these five matters, such food is considered as ordinary food. Therefore, with regard to ordinary foods prepared with the stringencies of consecrated foods, a primary derivative is impure, a secondary derivative disqualified, and a tertiary derivative is pure with regard to ordinary foods, as we explained.
טז
שש מעלות הראשונות עשאום בין לקדש בין לחולין שנעשו על טהרת הקדש וחמש אחרונות שהן מן הכלי מצרף מה שבתוכו והלאה עשאום בקדש בלבד אבל לא בחולין שנעשו על טהרת הקדש אלא הרי הן בחמש אלו כחולין לפיכך חולין שנעשו על טהרת הקדש הראשון טמא בהן והשני פסול והשלישי טהור בחולין כמו שביארנו:
She'ar Avot haTum'ah - Chapter 13
1
Our Sages established five categories with regard to the ritual purity of clothes. They are the following:
a) The clothes of an unlearned person are considered as a midras, an article on which a zav had been supported, for people who partake of ordinary food in a state of purity. Similarly, the unlearned people themselves are considered as zavvim with regard to pure substances, as we explained.
b) The clothes of people who partake of ordinary food in a state of purity are considered as a midras for those who partake of the second tithe. The people who partake of ordinary food in a state of purity themselves - they are called perushim - are not considered as zavvim. Even with regard to terumah, a perush is considered pure, even if he touches terumah with his hands.
c) The clothes of people who partake of the second tithe are considered as a midras for those who partake of terumah.
d) The clothes of people who partake of terumah are considered as a midras for those who partake of consecrated food. The people who partake of terumahthemselves are, however, not considered as zavvim with regard to consecrated articles.
e) The clothes of those who partake of consecrated foods are considered as a midras with regard to the offering of the red heifer, as explained in Hilchot Parah Adumah. A person who is pure with regard to consecrated foods is not considered as a zav with regard to the offering of the red heifer.
א
חמש מעלות עשו חכמים בבגדים ואלו הן: בגדי ע"ה מדרס לאוכלי חוליהן בטהרה וכן עמי הארץ עצמן כזבין לטהרות כמו שביארנו ובגדי אוכלי חוליהן בטהרה מדרס לאוכלי מעשר שני אבל אוכלי חוליהן בטהרה והן הנקראים פרושים אינם כזבים אפילו לתרומה ה"ז הפרוש טהור אפילו אם נגע בה בגופו ובגדי אוכלי מעשר שני מדרס לאוכלי תרומה ובגדי אוכלי תרומה מדרס לקדש אבל אוכלי תרומה עצמן אינן כזבין בקדש ובגדי אוכלי קדש מדרס לחטאת כמו שביארנו בהלכות פרה אדומה אבל הטהור לקדש אינו כזב לחטאת:
2
Similarly, our Sages established categories with regard to ritual immersion:
What is implied? If someone immersed himself without any intent, he is pure with regard to ordinary food, but he is forbidden to partake of the second tithe until he had the intent to immerse for the sake of the second tithe. If he immersed for the second tithe, he is assumed to be pure for the second tithe, but forbidden to partake of terumah. If he immersed for terumah, he is assumed to be pure for terumah, but forbidden to partake of consecrated foods. If he immersed for consecrated food, he is assumed to be pure for consecrated food, but forbidden to participate in the offering of the red heifer. If he immersed with the intent of participating in the offering of the red heifer, he is assumed to be pure for everything, for one who immerses for the sake of a more stringent circumstance is considered acceptable for a more lenient one.
If a person immersed without any intent, i.e., without thinking of any of these situations, he is pure only with regard to ordinary food and is considered impure as he was previously, even for the second tithe. Similarly, when a person washes his hands or immerses them, he must focus his attention, even if he desires only to partake of the second tithe. From that tithe and any level of sanctity higher, one must focus his intent. For ordinary food, however, it is not necessary for him to focus his intent.
All of these stringencies originate in Rabbinic Law. According to Scriptural Law, since the person immersed himself, he is pure with regard to all matters.
ב
וכן עשו חכמים מעלות בטבילה כיצד מי שטבל בלא כוונה ה"ז טהור לחולין ואסור במעשר שני עד שיתכוון לטבול למעשר טבל למעשר הרי זה בחזקת טהרה למעשר ואסור בתרומה טבל לתרומה הוחזק לתרומה ואסור בקדש טבל לקודש הוחזק לקדש ואסור לחטאת טבל לחטאת הוחזק לכל שהטובל לחמור הוחזק לקל טבל סתם ולא נתכוון לאחד מכל אלו הרי זה טהור לחולין בלבד וטמא כשהיה אפילו למעשר וכן הטובל ידיו או הטבילן צריך כוונה אפילו למעשר ומן המעשר ומעלה צריך כוונה אבל לחולין אינו צריך כוונה וכל המעלות האלו מד"ס אבל דין תורה הואיל וטבל מ"מ הרי הוא טהור לכל:
3
When a person who was pure with regard to terumahdiverted his attention from partaking of it, the diversion of attention causes him to contract impurity. He is forbidden to partake of terumah until he immerses himself a second time. He need not, however, wait until nightfall.
If his hands were pure for terumah, but he diverted his attention from eating, even though he says: "I know that my hands did not contract impurity," his hands are impure because of his diversion of attention, for hands are busy. If this applies with regard to terumah, it can be inferred that the same principles apply with regard to consecrated food. Anyone who diverts his attention must immerse himself.
When a person did not guard himself from the impurity associated with a human corpse, if he is not certain that he did not contract impurity, he must have the ashes of the red heifer sprinkled on him on the third and seventh days after the doubt arouse, because of his diversion of attention. If he is certain that he did not contract the impurity associated with a corpse, but diverted his attention from other forms of impurity, he must immerse himself and wait until nightfall even for terumah. It is clear that all these immersions are Rabbinic safeguards.
ג
מי שהיה טהור לתרומה והסיח את לבו מלאכול נטמא בהיסח הדעת ואסור לאכול תרומה עד שיטבול פעם שנייה ואינו צריך הערב שמש היו ידיו טהורות לתרומה והסיח לבו מלאכול אף על פי שאומר יודע אני שלא נטמאו ידי הרי ידיו טמאות בהיסח הדעת שהידים עסקניות אם לתרומה כן ק"ו לקדש שכל המסיח דעתו צריך טבילה ואם לא שמר עצמו מטומאת מת ולא ידע בודאי שלא נטמא ה"ז צריך הזאה שלישי ושביעי מפני היסח הדעת ואם ידע שלא נטמא במת והסיח דעתו משאר טומאות ה"ז צריך טבילה והערב שמש אף לתרומה ודבר ברור הוא שכל אלו הטבילות מדבריהן:
4
Similarly, our Sages decreed that keilim that are discovered in marketplaces and streets - even in deserts - should be assumed to be impure, lest they have contracted impurity from a corpse or a zav. Similarly, saliva found in such places is considered to be impure, lest it be the saliva of a zav or the like.
ד
וכן גזרו חכמים על הכלים הנמצאים בשווקים וברחובות אפילו במדברות שיהיו בחזקת טומאה שמא בזב או במת נטמאו וכן הרוקין הנמצאין שם בחזקת טומאה שמא רוק זב וכיוצא בו הוא הרוק הזה:
5
All of the keilim found in Jerusalem are pure even if they were found on the way descending to a place of immersion. For the Sages did not institute a decree concerning keilim found in Jerusalem with the exception of knives for the slaughter of sacrificial animals. This was instituted because of the severity involving sacrificial animals.
When does the above stringency apply? To knives found in Jerusalem throughout the year. If, however, one finds a knife in Jerusalem on the fourteenth of Nisan, one may slaughter sacrificial animals with it immediately. This applies even if the fourteenth of Nisan fell on the Sabbath, for no decree was made with regard to knives found on that day. Similarly, if a knife was found on a festival, one may slaughter with it immediately. For it is assumed that all keilim are pure on the festivals.
ה
כל הכלים הנמצאין בירושלים טהורין אפילו נמצאו דרך ירידה לבית הטבילה שלא גזרו טומאה על הכלים הנמצאים בירושלים חוץ מן הסכינים לשחיטת הקדשים מפני חומרת הקדשים בד"א בסכין הנמצאת בירושלים בשאר ימות השנה אבל אם מצא סכין בירושלים בי"ד בניסן שוחט בה הקדשים מיד ואפילו חל י"ד להיות בשבת שלא גזרו על הסכינין הנמצאים ביום הזה וכן אם מצאה ביו"ט שוחט בה מיד שחזקת כל הכלים ביו"ט טהורין:
6
If one found a knife on the thirteenth of Nisan, the ashes of the red heifer should be sprinkled on it, it should be immersed, and one may slaughter with it on the following day. For, on this day, our Sages considered it as if the thirteenth of Nisan was the seventh day of its purification with the ashes of the red heifer.
ו
מצא הסכין בי"ג מזה עליה ומטבילה ושוחט בה למחר מפני שעשאוהו ביום זה כאילו יום י"ג שביעי שלה:
7
If one finds a knife tied to a knife whose status he knows, whether on a festival or on other days, its status is the same as that knife. If the one is pure, it is pure; if it is impure, it is impure.
ז
מצא סכין קשורה לסכין הידועה אצלו בין ביו"ט בין בשאר הימים הרי היא כמוה אם טהורה טהורה ואם טמאה טמאה:
8
Our Sages decreed that any saliva of unknown origin found in the middle of the road in Jerusalem is impure like saliva of unknown origin found anywhere. Any saliva found on the side of the road in Jerusalem is pure, for the perushim walk on the sides so that they will not contract impurity through contact with unlearned people. During the festivals, the converse is true. Saliva in the middle of the road is pure, for all Israel are pure during the festivals. At the side of the road, it is impure. For there are few individuals who are impure during the festivals, and they move to the sides.
ח
כל הרוקין הנמצאים בירושלים באמצע הדרך גזרו עליהן טומאה כשאר הרוקין הנמצאים בכל מקום וכל הרוקין הנמצאים בצדדין בירושלים טהורים שהפרושים הן שמהלכין בצדדין כדי שלא יתטמאו במגע עמי הארץ ובשעת הרגל שבאמצע הדרך טהורים שכל ישראל טהורים ברגל ושבצדדין טמאים שהטמאים ברגל מעטים והן פורשים לצידי הדרכים:
9
Just like a primary derivative of impurity creates a secondary derivative and a secondary derivative creates a tertiary derivative, when there is an unresolved doubt that an entity is a primary derivative it creates a secondary derivative of doubtful status, and a secondary derivative of doubtful status creates a tertiary derivative of doubtful status.
ט
כשם שהראשון עושה שני והשני עושה שלישי כן ספק ראשון עושה ספק שני וספק שני עושה ספק שלישי:
10
When there is a question whether terumah or consecrated food contracted impurity from a primary source of impurity of Scriptural origin - there is a question if the foods touched the impurity or not - they should be burnt because of this impurity.
י
תרומה וקדשים שנטמאו בספק אב מאבות הטומאות של תורה הרי אלו נשרפין בטומאה זו כגון שנסתפק לו אם נגע באב זה או לא נגע:
11
There are situations where there is a question about a food's status for which the ruling is held in abeyance; they are not eaten, nor are they burnt. And there are other questionable situations that warrant the burning of terumah and, needless to say, consecrated foods.
יא
ויש שם ספיקות שאין שורפין עליהן ואין אוכלין אותן אוכלין שנסתפק לו בהן אלא תולין לא אוכלין ולא שורפין ויש שם ספיקות ששורפין עליהן את התרומה ואצ"ל קדשים:
12
If, however, there is a compounded doubt concerning the impurity of terumah - and needless to say, of consecrated food - they should not be burnt. Instead, the ruling concerning them is held in abeyance. They are not eaten, nor are they burnt.
יב
אבל על ספק ספק הטומאה אין שורפין עליו תרומה לעולם ואצ"ל קדשים אלא תולין לא אוכלין ולא שורפין:
13
There are six doubtful situations for which terumahis burnt. These are all Rabbinic decrees: a) a beit hapras, b) earth from the Diaspora, c) the clothes of unlearned people, d) keilim that are discovered, e) saliva of unknown origin that is discovered, and f) the urine of an impure person that became mixed with an equal amount of urine from an animal and it is not known whether the appearance of the mixture was that of a person's urine was nullified or whether that appearance was nullified.
What is implied? If terumah contracted impurity due to contact with one of these entities, even though the fundamental dimension of their impurity is doubtful, the terumah should be burnt. The rationale is that were one certain that any of these impurities were present, the impurity would be Scriptural in nature, for a corpse and a zav are Scriptural sources of impurity.
Whether terumah touched one of these six entities or contracted impurity due to one of these entities and thus it is a tertiary derivative from them, the terumah should be burnt. If, however, there is a question whether or not the entity touched the beit hapras, the earth of the nations, or if it touched the garments, the saliva, the keilim, or the urine, the ruling concerning the terumah is held in abeyance. The rationale is that a) the fundamental dimension of their impurity is doubtful, perhaps it is impure, perhaps it is pure; and
b) even if you say they are impure, it is possible that there was contact with the terumah, but it is possible that there was no contact. Thus two unresolved questions are involved. When there are two unresolved questions, terumah is not burnt, the ruling concerning it is held in abeyance, as explained.
יג
על ששה ספיקות שורפין את התרומה וכולם גזירה מדבריהם ואלו הן: על בית הפרס ועל עפר הבא מארץ העמים ועל בגדי ע"ה ועל הכלים הנמצאים ועל הרוקים הנמצאים ועל מי רגלי אדם טמא שנתערב במי רגלי בהמה מחצה למחצה ואין ידוע אם בטלו מראיתן אם לא כיצד אם נטמאת תרומה מחמת אחד מששה אלו אע"פ שעיקר טומאתן בספק הרי זו תשרף הואיל וודאי ספיקות אלו טומאתן מן התורה שהמת והזב טמאין מן התורה ואחת תרומה שנגעה באחת משש טומאות האלו או שנטמאת מחמת אחת מהן והרי היא שלישי לאחת מהן הרי זו תשרף אבל אם נסתפק לו בכ"מ אם נגע בבית הפרס ובארץ העמים או לא נגע אם נגע בבגדים ורוקין וכלים ומי רגלים או לא נגע הרי אלו תולין מפני שהעיקר טומאתן מפני הספק שמא טמאין הן או טהורים וא"ת טמאין שמא נגע שמא לא נגע ונמצאו שני ספיקות ואין שורפין על שני ספיקות אלא תולין כמו שביארנו:
She'ar Avot haTum'ah - Chapter 14
1
Our Sages deemed that twelve questionable situations are deemed as pure: They are:
a) A doubt concerning drawn water in a mikveh,
b) a doubt concerning impurity floating on water,
c) a doubt whether liquids imparted impurity to other entities; with regard to their own status, however, they are considered impure when a doubt arises,
d) a doubt concerning the impurity of hands whether regarding the impurity of the hands themselves, such hands imparting impurity to other substances, or a doubt regarding the purification of such hands from this impurity,
e) a doubt concerning impurity of Rabbinic origin,
f) a doubt concerning ordinary food prepared with the stringencies of consecrated food,
g) a doubt concerning sacrifices that are required to be brought,
h) a doubt concerning tzara'at blemishes,
i) a doubt when a person afflicted with tzara'at stood still or passed,
j) a doubt concerning the carcass of a creeping animal,
k) a doubt that arose in the public domain,
l) a doubt concerning two domains.
א
שנים עשר ספיקות טהרו חכמים ואלו הן: ספק מים שאובים למקוה ספק טומאה צפה על פני המים ספק משקין לטמא אחרים אבל לטומאת עצמן טמאים מספק ספק הידים בין לטומאת עצמן בין לטמא אחרים בין לטהרות ידים מטומאתן ספק דברי סופרים ספק החולין ספק קרבנות ספק נגעים ספק עובר ועומד ספק שרצים ספק ר"ה ספק שתי רשויות:
2
What is meant by the principle: a doubt concerning drawn water in a mikveh? Three lugim of drawn water that fall into a mikveh disqualify it. If there is a doubt whether or not such water fell into a mikveh or even if it is certain that the water fell, but there is a question whether the minimum measure was present or not, we consider an article immersed in the mikveh as pure and the mikveh as acceptable. Nevertheless, a person should not be instructed to immerse in such a mikveh and to be involved with pure substances as an initial preference. If he immersed and was involved with pure substances, they are considered to be pure.
ב
ספק מים שאובין למקוה כיצד שלשה לוגין מים שאובין שנפלו למקוה פסלוהו ספק נפלו ספק לא נפלו ואפילו נפלו ספק יש בהן שיעור או אין בהן ספיקו טהור והרי המקוה בכשרותו ואין מורין לו לטבול במקוה זה ולעשות טהרות לכתחילה ואם טבל ועשה טהרותיו טהורות:
3
What is meant by the principle: a doubt concerning impurity floating on water? There was a carcass of a creeping animal floating on water, whether the water was in a container or in a pool in the earth and a person descended into the water, unless he is certain that he touched the carcass, he is considered as pure. This applies even if there is no space for anything in the container or the pool but the person and the impurity.
The principle, a doubt concerning impurity floating on water is pure, was stated only concerning a carcass of creeping animal. If the carcass of a creeping animal is suspended from above and floating on water or is being dragged over water, it is considered as being placed down and not as floating.
ג
ספק טומאה צפה על פני המים כיצד שרץ שהיה צף על פני המים בין שהיו המים בכלים או בקרקעות וירד למים אפילו אין שם אלא מלא אדם וטומאה ה"ז טהור עד שידע ודאי שנגע ולא אמרו ספק טומאה צפה טהור אלא לשרץ בלבד וכל הנתלים והנגררין הרי הן כמונחין:
4
When the carcass of a creeping animal is placed in a container and the container is floating on the surface of water or it was placed on a human corpse, an animal carcass - even if the carcass or the corpse below it has decomposed - or semen that is floating on the water, it is considered as if it was placed on the earth, in which instance, a doubtful situation that arises in a private domain is considered as impure, as will be explained.
If the carcass of one creeping animal was lying on that of another creeping animal that was floating on water, it is considered as thick impurity and a doubtful situation that arises is considered as pure. There is an unresolved doubt whether the carcass of a creeping animal that was floating on water on which the ashes of the red heifer had been sprinkled which in turn was floating on other water is considered as placed down on the earth or not. Therefore it appears to me that the doubtful situation is considered as pure.
ד
שרץ שהיה מונח בכלי וכלי צף על פני המים או שהיה מונח על המת או על הנבילה ואפילו נימוח הנבילה או בשר מת שתחתיו או שהיה מונח על שכבת זרע הצפה על פני המים ה"ז כמונח על הארץ שספקו ברה"י טמא כמו שיתבאר היה שרץ על גבי שרץ צף על פני המים ה"ז כטומאה עבה שצפה ע"פ המים וספיקו טהור היה מונח על גבי מי חטאת ומי חטאת צפין על פני המים ה"ז ספק אם הוא כמונח או אינו כמונח לפיכך יראה לי שספיקו טהור:
5
Just as our Sages deemed a doubtful situation concerning impurity that was floating on water, whether in a container or on the earth, as pure, so too, they deemed as pure a situation involving something pure that was floating on water, whether in a container or on the earth.
What is implied? There was a kneading trough that was impure due to contact with a human corpse and there was a loaf of bread that was terumah wrapped in tree-bast or in paper placed inside of it. Water descended into the kneading trough and filled it. The paper spread out and thus the loaf was floating on the water with the paper separating between it and the water. If there is a question whether or not the loaf touched the side of the kneading trough, it is considered as pure, because it is floating.
ה
כדרך שטהרו ספק טומאה צפה על פני המים בין בכלים בין בקרקעות כך טהרו ספק טהרה הצפה על פני המים בין בכלים בין בקרקעות כיצד עריבה שהיא טמא מת וככר תרומה כרוך בסיב או בנייר ונתון בתוכה וירדו לתוכה מי גשמים ונתמלאת ונפשט הנייר והרי הככר צף על פני המים והנייר מבדיל בינו לבין המים וספק נגע צדו בעריבה ספק לא נגע הרי הוא בטהרתו מפני שהוא צף:
6
The following laws apply when the carcass of a creeping animal was floating on a cistern in a winepress. With regard to terumah, when there is a doubt, it is deemed impure. With regard to the workers, when there is a doubt, it is deemed pure, because the impurity is floating.
ו
שרץ שנמצא צף ע"ג בור בתוך הגת לתרומה ספיקו טמא ולפועלין ספיקן טהור מפני שהיא טומאה צפה:
7
When a doubt arises whether liquids imparted impurity to other entities, they are considered as pure. With regard to their own status, however, they are considered impure.
What is implied? A person was holding a staff that contained impure liquids on its top and he threw it among pure loaves of bread. If there is a doubt whether the liquids touched the loaves or not, they are deemed pure. Similarly, if a doubt arose whether impure liquids touched a given container or not, the container is pure. Similarly, if a doubt arose if these impure liquids touched other liquids or not, the other liquids are pure. If, however, an impure person extended his hand or his foot into a place where there are pure liquids and there is a doubt whether or not he touched the liquids, they are impure because of the doubt. Similar laws apply in all analogous situations.
ז
ספק משקין לטמא אחרים טהור לטומאת עצמן טמא כיצד היה מקל בידו ובראשו משקין טמאים וזרקן לתוך ככרות טהורות ספק נגעו המשקין בככרות ספק לא נגעו טהורות וכן אם נסתפק לו אם נגעו משקין טמאין בכלי זה או לא נגעו הרי הכלי טהור וכן אם נסתפק לו אם נגעו משקין אלו הטמאין במשקין אחרים או לא נגעו הרי המשקין האחרים טהורין אבל טמא שפשט ידו או רגלו לבין משקין טהורין או שזרק ככר טמא לבין משקין טהורין ספק נגע במשקין ספק לא נגע הרי אלו טמאין בספק וכן כל כיוצא בזה:
8
The following rule applies when there was a jug that was filled with liquids and an impure person extended his hand into its inner space. If there is a doubt whether or not he touched the liquids, the liquids are impure, but the jug is pure, for liquids whose purity is of a doubtful status do not impart impurity.
Similarly, if liquids which are questionably impure enter into the inner space of a jug, the jug is pure and the liquids in it are pure, for they contract impurity only from the jug. If the liquids that were questionably impure became mixed with the liquids in the jug, all of the liquids are questionably impure, but the jug is pure. Similarly, if these liquids fall into an oven, any bread that is in the oven and the oven itself are pure.
ח
חבית שהיא מליאה משקין ופשט הטמא את ידו לאוירה ספק נגע במשקין ספק לא נגע בהן המשקין טמאין והחבית טהורה שאין ספק המשקין מטמא וכן אם נכנסו משקין שהן טמאין מספק לאויר החבית הרי החבית טהורה והמשקין שבתוכה טהורין שאינן מתטמאין אלא מן החבית ואם נתערבו משקין אלו הספק במשקין שבחבית הרי כל המשקין טמאין בספק והחבית טהורה וכן אם נפלו משקין אלו לתוך התנור הרי הפת והתנור טהורין:
9
When a person poured or sprinkled impure liquids in his house and there were ritually pure objects there, if there is a question whether some of the liquid sprayed on them or not, they are considered pure despite the doubt.
ט
המרבץ ביתו במים טמאים או שזלפן והיו שם טהרות ספק נתזו עליהן ספק לא נתזו ספיקו טהור:
10
If one sprinkled both pure and impure liquids in a house and, afterwards, liquids were found on a loaf of bread that was terumah, should one take it and inquire about its status, it is deemed pure, for when there is a question whether liquids imparted impurity, the object is deemed pure. If, however, one left the bread until the water dried, it contracts impurity because of the doubt. For when there is a question concerning impurity in a private domain, the object is deemed impure, as will be explained. At the time the inquiry is being made, no liquids are present, only the loaf and there is a question whether it is pure or impure.
י
זלף משקין טהורין וטמאים בתוך הבית ונמצאו אח"כ משקין על ככר של תרומה נטלה ונשאל עליה הרי זו טהורה שספק המשקין לטמא טהור הניח הככר עד שינגבו המים שעליה הרי זו טמאה בספק שספק טומאה ברה"י טמא כמו שיתבאר והרי אין כאן משקין אלא ככר שהיא ספק טמאה ספק טהורה:
11
When there is a doubt concerning the impurity of hands whether regarding the impurity of the hands themselves, such hands imparting impurity to other substances, or a doubt regarding the purification of such hands from this impurity, the object in question is deemed pure.
What is implied? If a person's hands where pure and there were two impure loaves before him, should a question arise whether he touched the loaves or not, the status of his hands and the loaves is the same as it was previously. This same ruling applies if:
a) a person's hands were impure and there were two pure loaves before him and there is a question whether he touched the loaves or not;
b) one of the person's hands was pure, the other was impure; there were two pure loaves before him, he touched one of them and it was unknown whether he touched it with the impure hand or the pure hand;
c) both his hands were pure; there were two loaves before him, one pure and one impure; he touched one of them and he did not know whether he touched the one that was impure or the one that was pure;
d) one of his hands was pure and one was impure and there was both an impure and a pure loaf before him; he touched both of them and he is unsure whether the impure hand touched the impure loaf and the pure hand, the pure loaf or whether the impure hand touched the pure loaf and the pure hand, the impure loaf.
Similar concepts apply if a person's hands were impure and he immersed them in a mikveh or washed them in the ritual manner. If there is a doubt whether or not the water with which he purified them is acceptable for hands or unacceptable, whether or not the required measure of water was present, whether or not there was an intervening substance on his hands, his hands are considered as pure.
יא
ספק ידים בין להתטמא בין לטמא אחרים בין לטהרתן טהור כיצד היו ידיו טהורות ולפניו שני ככרים טמאין ספק נגע ספק לא נגע או שהיו ידיו טמאות ולפניו שני ככרים טהורים ספק נגע ספק לא נגע או שהיו ידיו אחת טהורה ואחת טמאה ולפניו שני ככרים טהורים ונגע באחד מהן וספק בטמאה נגע ספק בטהורה או שהיו ידיו טהורות ולפניו שני ככרים אחד טהור ואחד טמא ונגע באחד מהם ספק בטמא נגע ספק בטהור נגע או שהיו ידיו אחת טהורה ואחת טמאה ולפניו ככר טמא וככר טהור ונגע בשניהן ספק טמאה בטמא והטהורה בטהור או טמאה בטהור והטהורה בטמא הידים כמו שהיו והככרים כמות שהיו וכן אם היו ידיו טמאות והטבילן או נטלן ספק שהמים שטהרו בהן כשרים לידים ספק שהן פסולין ספק יש בהן כשיעור ספק אין בהן ספק שהיה דבר חוצץ על ידו ספק שלא היה הרי ידיו טהורות:
12
If one of a person's hands was impure and he did not know which one it was, he is instructed not to be involved with pure articles until he washes both his hands. If he touches pure objects with one hand before he washed them, the pure articles remain pure.
יב
היתה ידו אחת טמאה ואינו יודע אי זו היא אומרין לו שלא יעשה טהרות עד שיטול שתי ידיו ואם נגע באחת מהן בטהרות קודם שיטול ידיו טהרותיו טהורות:
Hayom Yom:
• English Text | Video Class
Shabbat, Iyar 20, 5778 · 05 April 2018
Iyar 20, 35th day of the omer
Tuesday Iyar 20, 35th day of the omer 5703
Torah lessons: Chumash: B'chukotai, Shlishi with Rashi.
Tehillim: 97-103.
Tanya: When the intelligent (p. 261)...words of the Torah, (p. 261).
There is no one for whom to pride oneself. We must toil strenuously. With patience and friendliness we can prevail in all things, with G-d's help. With a denigrating attitude toward others and inflating our own importance we lose everything, G-d forbid.
RELATED VIDEO: Reflections on Today's Hayom Yom
***
• English Text | Video Class
Shabbat, Iyar 20, 5778 · 05 April 2018
Iyar 20, 35th day of the omer
Tuesday Iyar 20, 35th day of the omer 5703
Torah lessons: Chumash: B'chukotai, Shlishi with Rashi.
Tehillim: 97-103.
Tanya: When the intelligent (p. 261)...words of the Torah, (p. 261).
There is no one for whom to pride oneself. We must toil strenuously. With patience and friendliness we can prevail in all things, with G-d's help. With a denigrating attitude toward others and inflating our own importance we lose everything, G-d forbid.
RELATED VIDEO: Reflections on Today's Hayom Yom
***
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