Talmidav Shel Aharon
13-5768: Mitzvah N-7
January 28, 2008
Negative Mitzvah 7 – It is a negative commandment not to go out on the Sabbath beyond the Sabbath limit.
Hafetz Hayim: For Scripture says, “let no an go out of is place on the seventh day” (Ex. 16:29) This mean s that if one goes outside the city or town, even one cubit more than twelve mils (The distance corresponding to the length of the Israelites camp in the wilderness), he is to receive whiplashes by the law of the Torah. Whoever goes out beyond 2,000 cubits, which is the area of open land about the town or city, is to be punished with whiplashes of disobedience. This is the view of Rabbi Alfasi and Rambam. [but there are many early authorities, of blessed memory, who hold that even if one walks many parasangs, it is only a violation of a law of the Sages and not a law of the Torah]. The 2,000 cubits are reckoned as square cubits, so as to gain the extra distance to the corners [in the square of 2,000 by 2,000 cubits,] Within the city it is permissible to walk through all of it, even if it is very large. It is in force everywhere, in every time, for both men and women.
Last week we talked about the 49 Av Melachot, the primary rules of what is forbidden work on Shabbat. But note, that this law is based on a verse that is found in the Torah four full chapters before the giving of the Law at Sinai. This is a very separate law that is derived from the miracle of Manna in the wilderness. Everyday the people were to go outside the camp to gather the Manna they would need for the day. On Friday, they had to gather a double portion (which is why we have two Challot on Friday night!) and were told not to leave their place. Since this is taken to mean they should not leave the camp to gather Manna (which would not fall on Shabbat) we get the reference to the size of the Israelite camp in the wilderness. I suspect that this is a bit of Rabbinic fantasy. There is no reference I know of in the Bible that sets a size to the Israelite camp.
A “mil” is 2,000 amot (cubits) or 1121 meters or 1226 yards. There are 4 mil in a parasang, which is 4486 meters or 4905 yards.(There are 1760 yards in a mile and 1000 meters in a kilometer) So we have here the better part of a mile from home a person can walk. The 2,000 cubits distance around the city is a 2,000 cubit square that allows a person to walk to the corners of the square (as opposed to a 2,000 cubit circle from some center point that would be more restrictive. The city that the Haftz Hayyim is referring to is a walled city which has a very distinct boundary, (the city gate) that one can measure from. Because most cities today do not have a wall, a “wall” is created by the construction of an “Eruv” a Shabbat boundary that serves as the limit one can measure so one knows when he or she has violated the Shabbat boundary.
The argument between Rabbi Alfasi (who wrote the Jewish Law code called the “Tur”) and Rambam (Who wrote the Jewish Law code called the “Mishna Torah”) and many of the other Sages is the source of these measures. Alfasi and Rambam see this law as a prohibition of the Torah and the others see it as a Rabbinic Law. At stake is the punishment. Violations of Torah law are far more serious that violations of Rabbinic Law since the Rabbis were far from infallible. It is hard to say exactly why they don’t take the more strict position except for the possibility that this is an easy law to break unintentionally. It is really easy to step beyond the boundary. I suspect that they want to be a bit lenient on those who err in their journey.
Within the eruv or the walls of the city, one is able to walk from one end of the city to the other since it is all considered to be “his place” so no restrictions apply.
Conservative Judaism in effect, put this entire law aside with its historic (or some say catastrophic) decision to allow Jews to ride to synagogue on Shabbat (but not to any other place) this opened the door to travel far beyond these limits. Those who still refrain from driving and travel on Shabbat usually don’t travel outside these limits to this day.
Monday, January 28, 2008
Wednesday, January 23, 2008
12-5768: Mitzvah N-5
Talmidav Shel Aharon
12-5768: Mitzvah N-5
January 21, 2008
Negative Mitzvah 6 – It is a negative commandment to do no work on Shabbat.
Hafetz Hayim: For Scripture says, “you shall not do any work etc.” (Ex. 20:10) The Sages of blessed memory listed thirty-nine major primary kinds of forbidden labor, which are taught in the seventh chapter of the Talmud tractate Shabbat (73a). For any of the primary labors, and so for any of their derivative kinds, the punishment deserved is death by stoning. If it was done deliberately, but there was no prior warning, the penalty is Karet (Divine severance of existence); and if it was done unwittingly, a Hattat (sin offering) would be required. The difference between primary kinds of labor and the derivatives is only in regard to the number of animal offerings required. The punishment for willfully doing those kinds of labor which are Sh’vut, forbidden by the law of the sages, who made this decree about them as a “fence,” a protective measure, is whiplashes of disobedience.
About all these labors we are adjured also in regard to our domestic animals. To tell a non-Jew to do some labor is forbidden by the law of the Sages, and this is called Sh’vut. The Sabbath may be thrust aside [and labor is done] where there is danger to human life. The Sabbath is equal in importance to all the Mitzvot, since it is a sign between the blessed Lord and the Jewish people. If someone violates the Sabbath willfully, flagrantly, hi is like a heathen in every respect. The prophet, though, praises one who keeps the Sabbath, as Scripture says, “Happy is the man that does this…that keeps the Sabbath from desecrating it.” [Isaiah 56:2] It is in force everywhere, in every time, for both men and women.
There is much to unpack in this commandment.
The laws of Shabbat are found in two places in the Torah, It is a part of creation, for G-d rested from creating on Shabbat. And the fourth commandment (in this week’s Parshat Yitro) requires all Jews to refrain from working or making animals and slaves work. Multiple times we are commanded in the Torah to not work on Shabbat as G-d rested and because it is a holy day, not for secular activities. There is only one problem; the Torah never defines what it considers to be “work”! The only hint the Sages can find for a definition of work, are the activities that go into creating the portable sanctuary in the wilderness (the Mishkan) because just after the command to build the Mishkan, G-d reminds the people that they cannot “work” on Shabbat. The Sages then identify thirty-nine different actions that are classified in the reference to the Talmud. They are all activities that are associated with building the Mishkan. These 39 activities are called, Av Melachot, the original prohibitions on work. If someone were to willfully violate any of them, that person would be guilty of a capital crime and the punishment is death. To prevent this, the Sages created a “fence” around these 39 laws; they extended them so that just preparing to violate one would be a violation itself. These laws are called “sh’vut”. For example, buying and selling are one of the Av Melachot. Going into a store would be a violation of a sh’vut, and the penalty is whiplashes, painful but not death. Later Sages would extend the fence to a new category, “muksa” things we don’t touch because it could lead to a violation of sh’vut or an Av Melacha. Muksa would be handling money on Shabbat that could only lead to going to a store or buying something, a capital offence. The Sages did not like going to the death penalty. (A court who convicted anyone of a capital crime once in seven years was called a “hanging court”) so they made it more difficult to actually do anything that could lead to such a crime.
The laws of Shabbat were for everyone, citizens, slaves, visiting outsiders and extended even to animals. Work was forbidden, period. The only exception to this was a non-Jew could do activities on Shabbat that were part of his or her regular routine. If a non-Jew were making a pot of coffee for himself, Jews could share in it. If she needed to light a candle, then a Jew could use the light from that candle. If a bus were going where you needed to go and you didn’t have to pay for the ride (you had a monthly pass for example) you could get on the bus and ride on Shabbat. (There may be an issue with carrying the bus pass, so see your Rabbi before using this permission)
Finally, we must remember the “Prime directive” in Judaism is “Choose Life” you are forbidden to do or not do any activity that could endanger your life or the life of another person. All the laws of Shabbat are suspended when life is on the line. A Doctor could work the emergency room on Shabbat, or take calls. A heating repairman could go out and fix a furnace on an exceptionally cold day. Workers for the Power Company could work to make repairs on Shabbat since the loss of electricity could endanger the lives of those who need the electricity to survive. Needless to say, soldiers and police officers are also exempt from Shabbat prohibitions. Women who are exempt from time bound Mitzvot are not exempt from the laws of Shabbat since the exemption only applies to positive commandments and not to negative ones. But if the life and health of children are involved, parents can violate Shabbat. If we are not sure if a life is at stake or not, i.e. we don’t know if someone is really sick or not, we err on the side of caution and violate Shabbat on their behalf. It is better to violate one Shabbat than to risk the loss of health of life.
Shabbat is one of the Ten Commandments and considered a vital part of Judaism. Those who willfully violate Shabbat are considered to have renounced their link to the Jewish people. We can argue if electricity is really considered by Jewish law as “fire” or not, but cooking is still a violation. Of course, if one did not learn the laws, then they are not guilty of willful violation but should take the time to learn them as adults. One modern Sage reminded his students, “More than the Jewish People have kept Shabbat, Shabbat has kept the Jewish people.” To really understand what it means to live a Jewish life, one needs to accept Holiness of Shabbat into their lives. That includes these prohibitions and a whole lot more.
If you don’t know where to start, talk to your Rabbi.
12-5768: Mitzvah N-5
January 21, 2008
Negative Mitzvah 6 – It is a negative commandment to do no work on Shabbat.
Hafetz Hayim: For Scripture says, “you shall not do any work etc.” (Ex. 20:10) The Sages of blessed memory listed thirty-nine major primary kinds of forbidden labor, which are taught in the seventh chapter of the Talmud tractate Shabbat (73a). For any of the primary labors, and so for any of their derivative kinds, the punishment deserved is death by stoning. If it was done deliberately, but there was no prior warning, the penalty is Karet (Divine severance of existence); and if it was done unwittingly, a Hattat (sin offering) would be required. The difference between primary kinds of labor and the derivatives is only in regard to the number of animal offerings required. The punishment for willfully doing those kinds of labor which are Sh’vut, forbidden by the law of the sages, who made this decree about them as a “fence,” a protective measure, is whiplashes of disobedience.
About all these labors we are adjured also in regard to our domestic animals. To tell a non-Jew to do some labor is forbidden by the law of the Sages, and this is called Sh’vut. The Sabbath may be thrust aside [and labor is done] where there is danger to human life. The Sabbath is equal in importance to all the Mitzvot, since it is a sign between the blessed Lord and the Jewish people. If someone violates the Sabbath willfully, flagrantly, hi is like a heathen in every respect. The prophet, though, praises one who keeps the Sabbath, as Scripture says, “Happy is the man that does this…that keeps the Sabbath from desecrating it.” [Isaiah 56:2] It is in force everywhere, in every time, for both men and women.
There is much to unpack in this commandment.
The laws of Shabbat are found in two places in the Torah, It is a part of creation, for G-d rested from creating on Shabbat. And the fourth commandment (in this week’s Parshat Yitro) requires all Jews to refrain from working or making animals and slaves work. Multiple times we are commanded in the Torah to not work on Shabbat as G-d rested and because it is a holy day, not for secular activities. There is only one problem; the Torah never defines what it considers to be “work”! The only hint the Sages can find for a definition of work, are the activities that go into creating the portable sanctuary in the wilderness (the Mishkan) because just after the command to build the Mishkan, G-d reminds the people that they cannot “work” on Shabbat. The Sages then identify thirty-nine different actions that are classified in the reference to the Talmud. They are all activities that are associated with building the Mishkan. These 39 activities are called, Av Melachot, the original prohibitions on work. If someone were to willfully violate any of them, that person would be guilty of a capital crime and the punishment is death. To prevent this, the Sages created a “fence” around these 39 laws; they extended them so that just preparing to violate one would be a violation itself. These laws are called “sh’vut”. For example, buying and selling are one of the Av Melachot. Going into a store would be a violation of a sh’vut, and the penalty is whiplashes, painful but not death. Later Sages would extend the fence to a new category, “muksa” things we don’t touch because it could lead to a violation of sh’vut or an Av Melacha. Muksa would be handling money on Shabbat that could only lead to going to a store or buying something, a capital offence. The Sages did not like going to the death penalty. (A court who convicted anyone of a capital crime once in seven years was called a “hanging court”) so they made it more difficult to actually do anything that could lead to such a crime.
The laws of Shabbat were for everyone, citizens, slaves, visiting outsiders and extended even to animals. Work was forbidden, period. The only exception to this was a non-Jew could do activities on Shabbat that were part of his or her regular routine. If a non-Jew were making a pot of coffee for himself, Jews could share in it. If she needed to light a candle, then a Jew could use the light from that candle. If a bus were going where you needed to go and you didn’t have to pay for the ride (you had a monthly pass for example) you could get on the bus and ride on Shabbat. (There may be an issue with carrying the bus pass, so see your Rabbi before using this permission)
Finally, we must remember the “Prime directive” in Judaism is “Choose Life” you are forbidden to do or not do any activity that could endanger your life or the life of another person. All the laws of Shabbat are suspended when life is on the line. A Doctor could work the emergency room on Shabbat, or take calls. A heating repairman could go out and fix a furnace on an exceptionally cold day. Workers for the Power Company could work to make repairs on Shabbat since the loss of electricity could endanger the lives of those who need the electricity to survive. Needless to say, soldiers and police officers are also exempt from Shabbat prohibitions. Women who are exempt from time bound Mitzvot are not exempt from the laws of Shabbat since the exemption only applies to positive commandments and not to negative ones. But if the life and health of children are involved, parents can violate Shabbat. If we are not sure if a life is at stake or not, i.e. we don’t know if someone is really sick or not, we err on the side of caution and violate Shabbat on their behalf. It is better to violate one Shabbat than to risk the loss of health of life.
Shabbat is one of the Ten Commandments and considered a vital part of Judaism. Those who willfully violate Shabbat are considered to have renounced their link to the Jewish people. We can argue if electricity is really considered by Jewish law as “fire” or not, but cooking is still a violation. Of course, if one did not learn the laws, then they are not guilty of willful violation but should take the time to learn them as adults. One modern Sage reminded his students, “More than the Jewish People have kept Shabbat, Shabbat has kept the Jewish people.” To really understand what it means to live a Jewish life, one needs to accept Holiness of Shabbat into their lives. That includes these prohibitions and a whole lot more.
If you don’t know where to start, talk to your Rabbi.
Tuesday, January 1, 2008
11-5768: Mitzvot N-3 & 4
Talmidav Shel Aharon
11-5768: Mitzvot N-3 & 4
January 1, 2008
Negative Mitzvah 4 – It is a negative commandment that Hametz (leavened food) is not eaten on Pesach.
Hafetz Hayim: For Scripture says, “and no leavened bread shall be eaten.” (Ex. 13:3)It is even forbidden to derive any benefit from it. If someone eats an olive’s amount on Passover – if deliberately, he would deserve Karet; if unwittingly, he should have to bring a sin offering. It is all one whether a person eats it or dissolves it and drinks it. If someone eats less than an olive’s amount of it, he should be given whiplashes of disobedience. It is in force everywhere, at every time, for both men and women.
Negative Mitzvah 5 – It is a negative commandment to eat no mixture with Hametz on Pesach.
Hafetz Hayim: For Scripture says, “You shall eat nothing leavened.” (Ex. 12:20) Whether it became mingled with its own kind, or if it becomes mingled with food that is not of its own kind, if there is an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf of bread, this prohibition is violated by eating it but there would be no punishment of Karet. If there is not an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf, he who eats it should be beaten with whiplashes of disobedience. It is in force everywhere, in every time, for both men and women.
In last weeks lesson, we talked about Hametz that could not be in one’s possession. Now we are talking about Hametz that is actually eaten. It is not enough to get rid of it so that it cannot be seen. It is also forbidden to eat Hametz or to derive any benefit from Hametz that is to be eaten.
Let me also offer a reminder that Hametz is anything made from wheat, oats, rye, barley and spelt that has been allowed to ferment for more than 18 minutes. Matzah is usually wheat that has been quick baked at a high temperature with less than 18 minutes from the time the water first touches the flour.
The first difference we encounter in these laws is if the person who did the eating did it deliberately or accidentally. If deliberately, then the person is liable for the punishment of Karet. Maimonides defines “Karet” as the complete extinction of the soul.” The implication is that this person’s soul will not live on in any afterlife, but will become extinct from this world and the next. It is NOT a human punishment, but one that can only be administered by G-d. Some may say that this is really no punishment at all since it has no effect on the violator’s current life and comes to play only after death. The reality is that Karet is about a punishment between a sinning human being and G-d. How it plays out is beyond our understanding. The Sages considered it to be a terrible punishment that was far worse than any punishment in the human arsenal.
The next question is why should someone who eats Hametz accidentally have to bring a sin offering? After all, it was an accident! The purpose of a Sin offering is to alleviate the guilt feelings of committing a sin accidentally. It is a reminder that we need to be careful in our observance of the law.
The next question is about the amount of the Hametz eaten. The minimum size of the amount eaten is an olive’s bulk. This is about 25-30 cubic centimeters (there is disagreement as to the equivalencies in Talmudic measurements) or about one ounce. If one eats less than an olive, then it is almost inconsequential. If more, one has violated the prohibition. If one eats less than an olive but deliberately, then he gets punished for disobedience since the only reason that he ate such a little amount was to get around the law. While we are talking about the total amount of Hametz consumed, even if the amount was dissolved in juice or water, it is still Hametz and the above rules apply.
What happens if we mix the Hametz with other types of food so that it no longer looks like Hametz? What happens if we mix it with grains that are prepared in accordance with the Laws of Passover or mixed with other types of food that are also permitted on Passover like apples or meat? The laws of mixtures would say that any substance that is mixed with Hametz is forbidden on Passover subject to some size restrictions. If the olive’s amount is mixed with an amount of food up to the size of half a loaf of bread (this is Passover so we are talking about half a piece of Matzah) then the law has been violated. If the olive bulk is mixed with a larger quantity, then it is too diluted to be a violation of the law. The Talmud specifically notes that Karet would not be the punishment for this kind of mixing. The Hafetz Hayyim also points out that if the amount is less than an olive mixed with less than half a loaf of Matzah, if done deliberately, then the person gets whipped for disobedience. The Sages were not very kind to people who willfully violated the law but tried to avoid punishment by staying below the minimum. And accidental mixing is an accident, but if the mixture were willful, than even the smallest amount of Hametz would be forbidden. On Pesach we are very careful.
Note that these two laws, and the two from last week make it crystal clear that Hametz must be far removed from our possession for Pesach. We can’t eat it, mix it, own it, use it, derive any benefit from it or have it anywhere where we can find it. Because the Bible mentions it so clearly, the Rabbis made sure that it was far away from us during the Passover holiday. The only exception to all of this is if we actually sell the Hametz to a non-Jew for the holiday and he chooses to store the food in our homes. As long as we lock away that Hametz, it can be stored in our homes since it does not belong to us. This is why we arrange with our Rabbi to sell our Hametz for Passover so that it should belong to a non-Jew. This is a binding sale so the Rabbi has to make sure that it is done correctly. The non-Jew makes a deposit on the sale and the balance (assessed by weighing all the assigned Hametz and paying a price based on that weight) is due at the end of Passover. At the end of the Holiday, the non-Jew decides not to make the final payment so the sale is void, the deposit is returned and the ownership reverts back to the original owners. Any Hametz not sold in this manner for Pesach must be destroyed before the holiday begins and if any is missed for any reason, it cannot be used after the holiday and needs to be destroyed. It can no longer be sold for that would mean the owner derived benefit from it.
While the punishments are not in use today, we see by the punishments listed that this is a serious prohibition. We do not take it lightly. Hametz is forbidden on Passover and to eat it would endanger one’s soul!
11-5768: Mitzvot N-3 & 4
January 1, 2008
Negative Mitzvah 4 – It is a negative commandment that Hametz (leavened food) is not eaten on Pesach.
Hafetz Hayim: For Scripture says, “and no leavened bread shall be eaten.” (Ex. 13:3)It is even forbidden to derive any benefit from it. If someone eats an olive’s amount on Passover – if deliberately, he would deserve Karet; if unwittingly, he should have to bring a sin offering. It is all one whether a person eats it or dissolves it and drinks it. If someone eats less than an olive’s amount of it, he should be given whiplashes of disobedience. It is in force everywhere, at every time, for both men and women.
Negative Mitzvah 5 – It is a negative commandment to eat no mixture with Hametz on Pesach.
Hafetz Hayim: For Scripture says, “You shall eat nothing leavened.” (Ex. 12:20) Whether it became mingled with its own kind, or if it becomes mingled with food that is not of its own kind, if there is an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf of bread, this prohibition is violated by eating it but there would be no punishment of Karet. If there is not an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf, he who eats it should be beaten with whiplashes of disobedience. It is in force everywhere, in every time, for both men and women.
In last weeks lesson, we talked about Hametz that could not be in one’s possession. Now we are talking about Hametz that is actually eaten. It is not enough to get rid of it so that it cannot be seen. It is also forbidden to eat Hametz or to derive any benefit from Hametz that is to be eaten.
Let me also offer a reminder that Hametz is anything made from wheat, oats, rye, barley and spelt that has been allowed to ferment for more than 18 minutes. Matzah is usually wheat that has been quick baked at a high temperature with less than 18 minutes from the time the water first touches the flour.
The first difference we encounter in these laws is if the person who did the eating did it deliberately or accidentally. If deliberately, then the person is liable for the punishment of Karet. Maimonides defines “Karet” as the complete extinction of the soul.” The implication is that this person’s soul will not live on in any afterlife, but will become extinct from this world and the next. It is NOT a human punishment, but one that can only be administered by G-d. Some may say that this is really no punishment at all since it has no effect on the violator’s current life and comes to play only after death. The reality is that Karet is about a punishment between a sinning human being and G-d. How it plays out is beyond our understanding. The Sages considered it to be a terrible punishment that was far worse than any punishment in the human arsenal.
The next question is why should someone who eats Hametz accidentally have to bring a sin offering? After all, it was an accident! The purpose of a Sin offering is to alleviate the guilt feelings of committing a sin accidentally. It is a reminder that we need to be careful in our observance of the law.
The next question is about the amount of the Hametz eaten. The minimum size of the amount eaten is an olive’s bulk. This is about 25-30 cubic centimeters (there is disagreement as to the equivalencies in Talmudic measurements) or about one ounce. If one eats less than an olive, then it is almost inconsequential. If more, one has violated the prohibition. If one eats less than an olive but deliberately, then he gets punished for disobedience since the only reason that he ate such a little amount was to get around the law. While we are talking about the total amount of Hametz consumed, even if the amount was dissolved in juice or water, it is still Hametz and the above rules apply.
What happens if we mix the Hametz with other types of food so that it no longer looks like Hametz? What happens if we mix it with grains that are prepared in accordance with the Laws of Passover or mixed with other types of food that are also permitted on Passover like apples or meat? The laws of mixtures would say that any substance that is mixed with Hametz is forbidden on Passover subject to some size restrictions. If the olive’s amount is mixed with an amount of food up to the size of half a loaf of bread (this is Passover so we are talking about half a piece of Matzah) then the law has been violated. If the olive bulk is mixed with a larger quantity, then it is too diluted to be a violation of the law. The Talmud specifically notes that Karet would not be the punishment for this kind of mixing. The Hafetz Hayyim also points out that if the amount is less than an olive mixed with less than half a loaf of Matzah, if done deliberately, then the person gets whipped for disobedience. The Sages were not very kind to people who willfully violated the law but tried to avoid punishment by staying below the minimum. And accidental mixing is an accident, but if the mixture were willful, than even the smallest amount of Hametz would be forbidden. On Pesach we are very careful.
Note that these two laws, and the two from last week make it crystal clear that Hametz must be far removed from our possession for Pesach. We can’t eat it, mix it, own it, use it, derive any benefit from it or have it anywhere where we can find it. Because the Bible mentions it so clearly, the Rabbis made sure that it was far away from us during the Passover holiday. The only exception to all of this is if we actually sell the Hametz to a non-Jew for the holiday and he chooses to store the food in our homes. As long as we lock away that Hametz, it can be stored in our homes since it does not belong to us. This is why we arrange with our Rabbi to sell our Hametz for Passover so that it should belong to a non-Jew. This is a binding sale so the Rabbi has to make sure that it is done correctly. The non-Jew makes a deposit on the sale and the balance (assessed by weighing all the assigned Hametz and paying a price based on that weight) is due at the end of Passover. At the end of the Holiday, the non-Jew decides not to make the final payment so the sale is void, the deposit is returned and the ownership reverts back to the original owners. Any Hametz not sold in this manner for Pesach must be destroyed before the holiday begins and if any is missed for any reason, it cannot be used after the holiday and needs to be destroyed. It can no longer be sold for that would mean the owner derived benefit from it.
While the punishments are not in use today, we see by the punishments listed that this is a serious prohibition. We do not take it lightly. Hametz is forbidden on Passover and to eat it would endanger one’s soul!
Subscribe to:
Posts (Atom)