מצוות לא תעשה קכג – רמה

Shiur on Mitzvos Lo Sa'aseh 123-245

Introduction

We're holding by the end of the Rambam's introduction. The Rambam counts out quickly all the 613 (taryag) mitzvos, and afterwards in the sefer he goes at length on each mitzvah with its halachos.

Mitzvah 123: Not Removing Meat from the Chaburah

After the last few mitzvos about Pesach, this is the last lo sa'aseh of Pesach: "not to remove the meat of the Pesach from the chaburah." By Pesach one eats in a group (chaburah), and a person from the chaburah may not remove the meat of the Pesach outside the chaburah, as it says "you shall not take out from the house."

The Sefer HaChinuch - many of his reasons are based on the Rambam in the Moreh Nevuchim and other places - he says that all these mitzvos of Pesach are so that one should eat like a prince eats. A prince doesn't break bones, a prince doesn't carry out from the house. This is all to show - a poor person takes home because maybe there won't be enough left over, takes home from the party.

What about not giving to someone who's not from the chaburah? That's a matter of jealousy. One could explain it, but at least a part of them [the mitzvos follow this reasoning].

Mitzvah 124: Remnants of the Minchah May Not Be Chametz

"Not to make the remnants of the minchah chametz." When one brings a minchah offering, one takes off a kometz (handful), puts it on the altar, and the remainder the Kohanim eat. The remnants of the minchah should not be chametz, as it says "it shall not be baked as chametz, their portion."

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It's interesting - he goes into something in the middle of the mitzvos of Pesach, he puts in remnants of minchah being chametz. It's similar because it's a prohibition of chametz, it's a matter of chametz, but we're not talking here about Pesach. True, Pesach lies here as one of the korbanos - these are all prohibitions connected to the korban Pesach. But the next one is also back to korban Pesach. Okay, I don't know, one needs to think about his exact order.

Mitzvah 125: Not Eating the Pesach Raw or Boiled

"Not to eat the meat of the Pesach raw" - half cooked - "or boiled" - or cooked in water or in any wet substance, as the pasuk says. One may not lose the dryness of the Pesach. It must be actually roasted with dryness, as it says "do not eat from it raw or boiled, cooked in water."

Mitzvah 126: A Ger Toshav May Not Eat the Pesach

"Not to give the meat of the Pesach to a ger toshav to eat." A ger toshav is a non-Jew who accepted the seven Noahide laws and lives among Jews. There are certain halachos - one may not make him work on Shabbos, "so that he may rest... and your stranger who is in your gates." But korban Pesach one may not give to such a ger toshav, only to an actual Jew, as it says "a resident and a hired worker shall not eat from it."

Mitzvah 127: An Arel May Not Eat the Pesach

"An uncircumcised person may not eat." A Jew who hasn't had a circumcision should not eat the korban Pesach, as it says "and any uncircumcised person shall not eat from it."

Mitzvah 128: A Meshummad May Not Eat the Pesach

One should not give to eat from the korban Pesach "to a Jew who became an apostate." What does this mean? It means a Jew who conducts himself like a non-Jew, a Jew who serves idolatry, or what?

The Rambam brings, as it says "any estranged person shall not eat from it." What does "any estranged person" mean? That is, a Jew who attached himself to estranged people - he conducts himself, he associates with the estranged people, he accompanies the estranged people, and serves idolatry like them, he shall not eat from it. "Attached" means he connected himself to them, he associates with them. "Accompaniment" means one goes together, right?

The word "meshummad" is not a halachic thing - that one receives a document from the priest. It makes no difference, one is still obligated in all mitzvos. But when a Jew associates with non-Jews and serves idolatry like non-Jews, then he comes into this law.

In the printed text it says "who turned into a non-Jew to serve stars," but I think the word "shmad" originally doesn't mean like "destruction" - "destruction" means destroyed, killed. But the Sages called one who serves idolatry also with the name "meshummad" - he destroyed himself. Like "that soul shall be cut off" - that kind of thing.

Therefore the non-Jews didn't like the word, because they said that becoming a non-Jew is not "destruction." This fits with the fact that once, when a child converted out, they would sit shivah on him, because they viewed him as if he was killed. The expression "shmad" means being killed.

Mitzvah 129: A Tamei Person May Not Eat Kodshim

"A person who became impure may not eat holy things" - as it says "and I, is it possible that I should eat from the meat of the peace offering that is to Hashem while my impurity is upon me," and afterwards it says "and shall be cut off." Everywhere there's kareis (spiritual excision) there's a lo sa'aseh.

Mitzvah 130: A Tahor Person May Not Eat Tamei Kodshim

A pure person, a pure Kohen, may not eat holy things that became impure - holy things that touched something impure from a corpse and the like - as it says "and the meat that touches anything impure shall not be eaten."

Mitzvah 131: Nosar

"Not to eat nosar" - one may not eat holy things that remained longer than the time for that holy offering. Each holy offering has its period of time until when it must be eaten, and the remainder is nosar which must be burned, and one may not eat it. It's a lo sa'aseh, as it says "and one who eats from its meat on the third day shall be cut off." Again we see an expression of kareis, meaning it's a lo sa'aseh.

Mitzvah 132: Pigul

"One may not eat pigul." Pigul is a korban where when the Kohen was offering it he thought improper thoughts - that he's going to deal with it not according to halachah, he's going to eat it later, or he's going to sprinkle the blood not for its proper purpose, etc. There are various halachos of pigul. The meat may not be eaten, as it says "and the one who offers it, it shall not be credited to him, it shall be pigul, and the soul that eats from it shall bear its sin." The Sages learn out that "shall bear its sin" means like kareis, and kareis is always a lo sa'aseh.

Mitzvah 133: A Zar May Not Eat Terumah

"A non-Kohen may not eat terumah." Terumah goes to the Kohen, and a non-Kohen may not eat it, and if he transgresses there's a lo sa'aseh, as it says "and any non-Kohen shall not eat holy things."

Mitzvah 134: A Toshav or Worker of a Kohen

Even a Kohen himself may eat terumah, also the wife and children of a Kohen, but a toshav - a Kohen who has a servant who sits by him, or a worker by him - he may not eat from the terumah, and it's a lo sa'aseh, as it says "and a resident of a Kohen and a hired worker shall not eat holy things."

Is the lo sa'aseh on the Kohen that he shouldn't give it to him, or is it a lo sa'aseh on the toshav himself? The toshav who's not obligated in mitzvos... Okay, one may not... There's no such thing that he may not do, he's not obligated in mitzvos. A non-Jew you may not... A servant could be that the lo sa'aseh is on the Kohen that he shouldn't feed him. I think a non-Jew also may not.

Maybe there's no practical difference, but it's correct that our news are... but for example, a non-Kohen may not enter the Beis HaMikdash, and a non-Jew may not enter, and the non-Jew doesn't do it, he wouldn't enter - because he thinks the non-Jew may? He may not, they don't let him. But that means what's the practical difference that he asks from the side of law may he? He doesn't care about your halachos, but he may not. Even if he doesn't know about it, doesn't mean he's...

Mitzvah 135: An Arel May Not Eat Terumah

"An uncircumcised person may not eat terumah." A Kohen who's uncircumcised, who's not circumcised, may not eat terumah, "and this doesn't apply to other holy things."

He says this is not written explicitly in a pasuk, but it's a halachah - the Sages learned it out from a matter, they learn a verse with Pesach through a gezeirah shavah (verbal analogy). "And it's not explicit from the Torah."

What's interesting - "they learn a verse"? You mean to say the pasuk learned it out or the Gemara learned it out? The verse teaches us this by making a gezeirah shavah.

He explains that what they said - the prohibition of an uncircumcised person regarding holy things is from the Torah, and it's not from the words of the Sages - because we could have thought that a principle that one learns out from a gezeirah shavah has a status like Rabbinic law. Because there are many times things one learns out from the thirteen principles through which the Torah is expounded, and the status of that is called only a Rabbinic law.

But is there when it's called Torah law? Always. Things that are learned through gezeirah shavah are Rabbinic. Only what - there are things that are halachah l'Moshe miSinai (law given to Moshe at Sinai). Torah law is not dependent on whether it's written in a pasuk; Torah law is dependent on whether Moshe Rabbeinu learned it out from the Master of the Universe. So sometimes there's something that even though it's a gezeirah shavah it's from the Torah - that's all. There's gezeirah shavah that's Torah law, there's gezeirah shavah that's Rabbinic law. The gezeirah shavah doesn't make it Torah law, that's correct. Only a gezeirah shavah where besides the gezeirah shavah there's still some tradition from person to person to the Sages, or it's Moshe Rabbeinu receiving Torah from Sinai, as we learned in the introduction.

Mitzvah 136: A Tamei Kohen May Not Eat Terumah

"An impure Kohen may not eat terumah," as it says "a man from your descendants who has impurity, from the holy things he shall not eat."

Mitzvah 137: A Chalalah May Not Eat Terumah

"A chalalah may not eat." A Kohenes who's a chalalah - because she was born from a prohibition, for example a Kohen who married a divorced woman, where the child is a chalal or the daughter is a chalalah - may not eat holy things.

According to the simple understanding... No, because maybe the point is - the point is seemingly simple. A chalal doesn't need to be a Kohen, so the question doesn't begin.

In general they became not Kohanim. But a chalalah is an obligation of a Kohen, no? She only became a chalalah regarding that one may not eat. Because it says "a chalal Kohen like a non-Kohen shall not eat of the most holy things and shall not eat." So the Sages learn the pasuk according to the halachah.

Chalalah can also mean that she became profaned to a non-Kohen - a daughter of a Kohen or a wife. So it says there actually this week in Mishpatim, that a woman becomes profaned if she...

Mitzvah 138: Minchas Kohen

"One may not eat a minchas Kohen." A minchas Kohen is burned entirely on the altar. It's not like a regular minchah where one takes off a kometz and the rest... One learns it out that one shouldn't eat it from the words "and every minchah of a Kohen shall be entirely burned" - "entirely burned" means it should be entirely burned - "it shall not be eaten."

Mitzvah 139: Sin Offerings Done Inside

"One may not eat the meat of sin offerings that are done inside." Sin offerings where one sprinkles the blood inside - not on the outer altar, but in the most holy place, inside the Sanctuary - one may not eat the meat from them, unlike regular sin offerings where the Kohanim eat the meat. As it says "and any sin offering from which blood is brought into the Tent of Meeting to atone in the holy place shall not be eaten."

Mitzvah 140: Disqualified Consecrated Animals with Intentional Blemish

"One may not eat disqualified consecrated animals in which a blemish was made intentionally." A consecrated animal that was - a korban that was sanctified, and one made in it a blemish - one may not eat the meat from it, as it says "you shall not eat any abomination."

One learns it out that specifically intentionally. Because holy things that a blemish fell on it goes out to non-sacred status, one may eat it. You go make a blemish so it should go out to non-sacred status - that's an abomination, and therefore you don't eat. You can't have a way out; holy things remain holy things. "And we learn through the oral tradition that regarding disqualified consecrated animals in which a blemish was made..."

Mitzvah 141: Ma'aser Sheni Outside Yerushalayim

Another prohibition: "not to eat ma'aser sheni of grain." Ma'aser sheni - the second year when one makes ma'aser, one eats it in Yerushalayim. One may not eat it outside Yerushalayim, as it says "you may not eat in your gates" - meaning another city - "the tithe of your grain."

First in the second year. Yes, and the third year is ma'aser ani (tithe for the poor).

Prohibitions Related to Eating Kodshim and Maaser Sheni

Kodshim that were consecrated as a korban, and then someone deliberately made a blemish in it - one may not eat the meat from it. This is derived from "you shall not eat any abomination."

Why specifically intentionally? What if it wasn't intentional?

There are holy things that have a blemish which goes out to non-sacred status and one may eat it. But if you go and make a blemish in it in order to redeem it to non-sacred status, that's an abomination, and therefore you cannot eat it. There's no way out - the holy things remain holy things. We learned through the tradition that disqualified consecrated animals that were intentionally blemished are forbidden.

Maaser Sheni Restrictions (Mitzvos 141-143)

Mitzvah 141: One may not eat maaser sheni of grain. Maaser sheni - the second year when one separates maaser - one eats it in Yerushalayim, and one may not eat it outside Yerushalayim. This is derived from "you may not eat in your gates the tithe of your grain." "In your gates" means in other cities.

This is specifically in the second year. The third year is maaser ani. It's called maaser sheni because it's the second after the first maaser that goes to the Levi.

Mitzvah 142: One may not eat maaser sheni of wine outside Yerushalayim.

Mitzvah 143: One may not eat maaser sheni of oil outside Yerushalayim, as it says "and your wine and your oil."

Why are there three extra negative commandments? I don't understand.

Perhaps the Rambam explains it in Sefer HaMitzvos.

Bechor and Kodshei Kodshim (Mitzvos 144-149)

Mitzvah 144: One may not eat a unblemished firstborn animal - one that can be brought as a korban - outside Yerushalayim, as it says "you may not eat in your gates... and the firstborn of your cattle and your sheep."

Basically, they have such a long list. From 504, more or less where it started, there are lists of things one may not eat - matters of korbanos with "you may not eat, you may not eat, you may not eat." The main theme is "you may not eat" - eating, not eating.

Mitzvah 145: The Kohanim may not eat sin offerings and guilt offerings outside the courtyard, as it says "you may not eat in your gates... your cattle and your sheep." Through the tradition we learned that this pasuk comes to forbid the meat of sin offerings and guilt offerings outside the courtyard. This applies to eating outside the designated place of eating.

The pasuk doesn't clearly state that it's discussing sin offerings and guilt offerings, but the Sages derived from this pasuk that it teaches that everything should only be eaten in its proper place of eating. For example, sin offerings and guilt offerings - their place of eating is in the courtyard; outside the courtyard is the negative commandment.

[Second speaker:] Right, the pasuk discusses maaser sheni, but in practice, somehow the Sages understood that "in your gates" means anything that doesn't belong there. So what may not be eaten in the courtyard is already stated by the positive commandments somewhere. Therefore there's a negative commandment that one may not eat it outside.

[First speaker:] Okay. For Pesach there was an extra prohibition against eating outside Yerushalayim.

Mitzvah 146: One may not eat the meat of a burnt offering - which goes up entirely as "completely to Hashem" - as it says "you may not eat your vows that you vow." From "your vows that you vow" - the vows that you vow - we learn this refers to burnt offerings. This is the source for me'ilah (misappropriation of sacred property) - that a person cannot have benefit from holy things. If he benefited, he committed me'ilah and transgressed the prohibition of me'ilah.

Mitzvah 147: One may not eat the meat of lesser holy offerings before the sprinkling of the blood. One may only eat the meat after the service of sprinkling the blood is performed. If one eats the meat before the sprinkling of the blood, one transgresses a negative commandment, as it says "you may not" - and in those same verses from which we derived the last five or six mitzvos, it continues "and your offerings." Meaning, "you may not eat your offerings" until the mitzvah of sprinkling the blood is performed.

Mitzvah 148: A non-Kohen may not eat most holy offerings like burnt offerings and sin offerings. What is a non-Kohen? A Jew who is not a Kohen. Only a Kohen may eat them.

Mitzvah 149: A Kohen may not eat first fruits before placing them down in the courtyard and performing the service done with first fruits - the confession and so forth. From the same pasuk of "you may not eat in your gates," after listing all the items, it says "and the offering of your hands" - these are the first fruits.

It's interesting that the Rambam inserted the matter of a non-Kohen in the middle of all the things derived from one pasuk. It's very interesting. He brings a bunch of mitzvos learned from one pasuk, and he throws in a mitzvah. Earlier he also did the same thing - he inserted "mixture of minchah" in the middle of several mitzvos about korban Pesach. It's interesting. The Rambam's order probably goes halachically according to logic and halachically according to the pasuk. So he makes a list of people who may not eat not in the proper manner, and he remembered in the middle that there's a pasuk. It's not so hard to understand.

Additional Maaser Sheni Restrictions (Mitzvos 150-152)

Mitzvah 150: One may not eat maaser sheni in a state of tumah (ritual impurity). Maaser sheni that a Jew may eat only in Jerusalem - one may not eat it in a state of tumah. Even if one is in Jerusalem, one may not eat it in a state of tumah. And if it became tamei, what does one do? One must redeem it - "if he redeems it" - onto other produce. Then one may eat the... One may redeem it even when it's not tamei, but if it's tamei, the only way to eat it is if one redeemed it. This is derived from "I did not consume from it in a state of tumah." "Consumed" also means eaten. One cannot be exempt - sorry - even in Jerusalem, even when tumah is not in the domain of tumah.

Mitzvah 151: From the same verse in the portion of bikkurim (first fruits) - one may not eat maaser sheni during aninus (acute mourning). What does "I did not eat from it in my mourning" mean? I did not eat from the maaser sheni when I was an onen - meaning the first day when one of the seven close relatives dies, before burial.

Mitzvah 152: One may not spend maaser sheni money on things that are not food and drink. What does it say there? You take the money - "and you shall bind the money in your hand" - and you shall redeem it on meat, on wine, etc., on things that can be eaten. There's a prohibition against redeeming it on things that are not eating and drinking. This is derived from "and I did not give from it for the dead." We learn from this that it doesn't mean "I didn't give it for a dead person," but rather "I didn't give it for anything that is not a need of the living body."

It's interesting - when a person uses his money in a good way, it's called giving it for the living, and when he uses his money for the wrong purpose, it's as if he killed his money, he gives his money for the dead. Anything that is not a need of the living body - "I gave from it for the dead" is called upon it.

Tevel and Order of Separations (Mitzvos 153-154)

Mitzvah 153: One may not eat tevel - meaning produce from which maaser was not separated. Tevel is something that grew from the ground that is obligated in terumos and maasros. The Rambam in my Land of Israel edition helped me - here many times he says things and doesn't yet explain. What I hold by all of these, I explain what we take from him. What is tevel? Tevel is something that grew from the ground that is obligated in terumos and maasros, and the terumah of Hashem was not yet removed from it, as it says "and they shall not eat the holy things of the Children of Israel which they will separate to Hashem." Meaning, things that they will eventually separate to Hashem - things that normally upright Jews take maaser from - if you use it without taking maaser, you transgress a negative commandment. "They shall not eat them profane and they shall not eat them in their untithed state."

Mitzvah 154: One may not separate terumah before bikkurim. Bikkurim are brought up - the first produce is brought up to Jerusalem. One should not take terumah before taking the bikkurim. In short, yes, this is the meaning in the weekly portion - "that they should not eat the foods until they first bring the terumah."

Delaying Vows and Coming Empty-Handed (Mitzvos 155-156)

Mitzvah 155: Another thing one may not change the time of - if one made vows and voluntary offerings, one may not delay them. We already learned that there's a positive commandment to bring them on the first festival, but there's also a negative commandment not to delay. There are halachos about when one goes... when one goes... They discussed that true, one must bring it on the festival.

Mitzvah 156: There's another negative commandment - there's a prohibition against coming to the festival in the Beis HaMikdash (Temple) on Yom Tov without a korban (offering). As it says, there's a prohibition not to come without a korban. Shimon, can you tell us the transgression of the prohibition? What does it say? "They shall not appear before My face empty" - one should not come up to see the face of Hashem empty, with empty hands.

Yes, it's interesting, because chag means bringing a korban. So, okay. "Going up for the pilgrimage" - going up to the Beis HaMikdash. Chag can mean more than one interpretation. Chag can also mean dancing, like "your festivals," "a festival to Hashem." But dancing without a korban - that's not what it means. It means to celebrate the Yom Tov. The Yom Tov is the pilgrimage. One should not come without any... one should not go up to the Beis HaMikdash with empty hands.

Kohen Marriage Restrictions (Mitzvos 158-161)

Mitzvah 157: One may not offer things that are themselves disqualified.

Mitzvah 158: A Kohen may not marry a zonah (a woman who had forbidden relations), as it says "a zonah and a chalalah they shall not take." It says "and a chalalah," but that's the next mitzvah.

Mitzvah 159: A Kohen may not take a chalalah (a woman disqualified from the priesthood), as it says "and a chalalah they shall not take." As we remember the verse, it says "a woman who is a zonah and a chalalah they shall not take."

Mitzvah 160: Besides this, a Kohen may not take a divorcee, as it says "and a woman divorced from her husband they shall not take."

Mitzvah 161: A Kohen Gadol (High Priest) may not marry a widow, as it says "a widow and a divorcee and a chalalah and a zonah - these he shall not take."

Kohen Gadol and Widow (Mitzvah 162)

We finished the matters of whom a Kohen may not marry. Now regarding a Kohen Gadol not having relations with a widow - earlier we learned that "taking" means kiddushin (betrothal). Now we're saying that even if he doesn't take her for the purpose of marriage and doesn't marry her, but merely has relations with her, there's also a prohibition. Since it says "and he shall not profane his offspring among his people," she becomes a chalalah.

What does it mean she becomes a chalalah? We learned that it means she becomes a chalalah through this act. "Not to profane a kosher woman" - a woman who is kosher, you profane her through having relations with her.

Kohanim Entering the Beis HaMikdash (Mitzvos 163-166)

Mitzvah 163: A Kohen should not enter with disheveled head - meaning with unshorn, overgrown hair. Also not with torn clothing, as it says "and his garments he shall not tear." All these verses are stated there by Aharon's children when they died.

Mitzvah 164: He should not leave the courtyard during the service. What does the verse say? "And from the entrance of the Tent of Meeting you shall not go out." At that time it was the seven days of inauguration, so they weren't allowed to leave the entire day. But the halachah is that during the service he shouldn't leave.

Everyone would have thought that going out in the middle of the service - he's in the middle of the service and he takes a walk - that's indeed the prohibition.

Mitzvah 165: A regular Kohen should not become tamei to ordinary dead people - except for the seven close relatives. As it says "to a soul he shall not become tamei among his people."

Mitzvah 166: A Kohen Gadol may not become tamei even to his relatives, as it says "to his father and to his mother he shall not become tamei."

Mitzvah 168: A Kohen Gadol should not enter under one roof with a dead person. I would have thought he simply shouldn't do such a thing, but the halachah was learned through oral tradition from the verse "upon all dead souls he shall not come." This means that besides "he shall not become tamei" which was already stated, what does "he shall not come" mean? They learned that a Kohen Gadol shouldn't enter into a tent containing a dead person.

This means he's already become tamei. How are there two prohibitions on the same thing? One is becoming tamei - meaning within four cubits - and the second is that he shouldn't enter with the dead person into one tent. But he becomes tamei with corpse impurity anyway through the tent, right? Perhaps we're speaking even in a manner where he doesn't become tamei through tent impurity. We'll need to learn this in the Laws of the Temple and Holy Things.

I see a few more things regarding the Kohen Gadol - through oral tradition he's liable for entering while impure, one prohibition is not coming to the courtyard, and liable for becoming impure - two prohibitions.

Shevet Levi's Inheritance (Mitzvos 167-168)

Mitzvah 169: A prohibition that the Tribe of Levi should not inherit in the Land of Israel, as it says "the Kohanim the Levites, the entire tribe of Levi, shall not have a portion and inheritance."

I would have thought it means they don't have a portion. The Rambam says he may not take. As if he goes to take, he transgresses a positive commandment.

He shouldn't go grab for himself. Even if it wasn't offered to him, if he goes to grab it's a prohibition.

One sees that it's not merely the custom of the Tribe of Levi not to take - we see they may not.

The Rambam says that the Tribe of Levi is forever the one who doesn't grab. How do you know who is from the Tribe of Levi? The one who doesn't grab. The one who sits and learns and doesn't grab - he's from the Tribe of Levi.

Mitzvah 170: Not only a portion in the land, but also regarding the spoils during the conquest of the land he doesn't receive, as it says "the Kohanim the Levites, the entire tribe of Levi, shall not have a portion and inheritance," and the Gemara says this teaches that it means not just a regular inheritance of the land, but even during war he doesn't take a portion.

There's a proper conduct that also from the spoils that the Jews took when leaving Egypt, the Levites didn't receive. They weren't mixed in with the Egyptians. The Jews took "each man from his neighbor" - the Levites lived separately and they already then didn't take any spoils.

Mourning Practices (Mitzvah 169)

Mitzvah 171: Regarding mourning, one may not make a bald spot for the dead, as it says "you shall not make a bald spot between your eyes for the dead." It's some type of shearing the hair, the eyebrows, I don't know what, some such thing.

I believe the commentator there learns from the verse that the Torah means to express too much grief over a dead person. Earlier the Rambam said it's a matter of idol worship, because just as making a wound for the dead was the way of idol worship, making a bald spot is also another thing.

I believe the Ramban is the one who says that here there's a "way of the mitzvah." You know the concept of "the way of the mitzvah" - that by everything, not too little is taught by mitzvos to be able to be in joy, and not too much is the thing.

Laws of Forbidden Foods (Mitzvos 172-189)

Now he goes over to the Laws of Forbidden Foods. Until now he also learned Laws of Forbidden Foods, more or less most negative commandments of what one may not eat. But here there are things that no one eats anyway. Earlier we learned the matters of holy things not to eat in certain ways.

The list:

172: Not to eat an impure animal - "but this you shall not eat from those that chew the cud."

173: Besides impure animals, there are impure fish one may not eat - "they are an abomination to you... and from their flesh you shall not eat."

174: Birds - not to eat impure ones - "and these you shall abominate from the birds, they shall not be eaten."

175: Not to eat flying insects - "and every flying insect is impure to you, they shall not be eaten."

It's interesting - each type has an animal, fish, bird, insect. Now we learn ground insects. Flying insects are those that fly; ground insects are worms and such, things that crawl on the ground - "and every insect that swarms on the ground is an abomination, it shall not be eaten."

177: Not to eat creeping things of the earth - another type of crawling creature on the ground, even smaller creatures I believe they are - "do not make yourselves abominable with any swarming thing that creeps on the earth."

178: Not to eat worms of fruits when they emerge outside. There are certain fruits where the mother lays eggs in the fruits, and when they emerge from the cocoon of the eggs and crawl out of the fruits, then they become forbidden - "every swarming thing that swarms on the earth shall not be eaten."

Yes, there's a big dispute here. In any case, this is certain - that when it comes out, then it's forbidden; before that it's not forbidden.

181: Not to eat water insects - creatures that breed in water - "they are an abomination to you."

182: The Rambam says not to eat an animal that died - meaning neveilah (an animal that died without proper slaughter) - "you shall not eat any neveilah." Neveilah means an animal that died without shechitah (ritual slaughter).

183: Treifah is something else - not to eat treifah. Treifah means an animal that died through another animal, or there was a halachic status of treifah - yes, a halachic status of treifah.

184: Not to eat a limb from a living animal - "and you shall not eat the soul with the flesh."

Why does the Rambam when he says a limb from a living animal bring the verse in Deuteronomy? There are other verses - where it says in Genesis differently, isn't that a limb from a living animal that must be stated?

It's commanded to the Children of Noah in Noah, or I don't know, but the nations don't know about it because it's not written in the Torah, or the Sages derive it that it's commanded to the Children of Noah from Adam.

185: Not to eat the sciatic nerve - "therefore the Children of Israel do not eat the sciatic nerve." Here the Rambam indeed brings the verse stated by our father Abraham, but adds in Mishneh Torah the Mishnah in Chullin that the reason we're obligated is from Moses our teacher. Yes, but the verse is stated there. The verse he placed in 184... there's another verse.

187: Not to eat blood - "and any blood you shall not eat." He does bring, indeed not the verse in Genesis regarding blood.

Which verse in Genesis? In Genesis it speaks about blood for Adam - "but flesh with its soul, its blood, you shall not eat" - I don't remember the exact verse but it's stated there in Genesis.

188: Not to eat cheilev (forbidden fats) - not eating cheilev - "any cheilev of ox and sheep and goat you shall not eat."

Meat and Milk (Mitzvos 186-187)

186: The mitzvah of meat and milk, the prohibition not to cook. There are three prohibitions - not cooking and not eating. The Rambam brings here two:

Not to cook meat in milk - "you shall not cook a kid in its mother's milk."

187: Not to eat - not eating the meat that was cooked with milk - "you shall not cook a kid in its mother's milk" the second time.

Why is the verse stated again? "For it is revealed and known before Hashem that the essence of this prohibition is cooking, and the essence of this prohibition is eating." And in the word eating, benefit is also included according to the Rambam, as everywhere it says eating, benefit is implied - so I remember the Gemara in Chullin, Chullin 97.

From this they count it as three prohibitions, but the Rambam counts it as two prohibitions.

One also needs to know that it says "not to cook" doesn't mean one may not cook. It means cooking in order to eat, because if one just burns it, that's not forbidden.

Cooking to prepare to eat - yes, that's clear according to this.

This is actually relevant, because people ask if one may cook on the same surface, because it spills over and cooks together. I believe it's not a prohibition.

The Ox That Is Stoned (Mitzvah 188)

188: Not to eat the meat of an ox that is stoned. From when they sentenced an ox to stoning because it killed another... it's also after its verdict was finalized.

Even if it killed a person? It says "innocent."

Yes, but it says "innocent." Yes, so I remember from the Gemara. If the... I thought it's even if one slaughters it, there's no such neveilah.

Anyway. Yes, yes, we're speaking before its verdict was finalized. Its verdict was finalized, and someone grabbed it out and gave it ritual slaughter.

Chadash (Mitzvah 189)

189: Not to eat bread from new grain before the Omer offering on Pesach. There's the mitzvah of what's called chadash (new grain). One may not eat bread from chadash, from grain of chadash.

Regarding the previous mitzvah, one can return to it - that one shouldn't eat the meat of an ox that is stoned. Be very careful about that.

Mitzvah 189 - not to eat bread from new grain before Pesach. One may not eat... he's going to divide it up. Here there's eating chadash, but it's divided into several parts. One may not eat bread from chadash, from grain harvested before Pesach, until after the Korban HaOmer was offered. The Korban HaOmer is on the second day of Pesach. As it says "and bread you shall not eat."

The second mitzvah is 190: Not to eat roasted grain. The first mitzvah is bread, the second mitzvah is even if one didn't make bread but roasted the wheat kernels, there's also the same prohibition - not to eat roasted grain from the new crop, as it says "and roasted grain you shall not eat."

By my father there is roasted grain and fresh grain at the Seder, because this is the roasted grain that one may not eat before chadash, but at the second Seder one can distribute it.

Mitzvah 191: Not to eat fresh grain from the new crop, as it says "and fresh grain you shall not eat." Fresh grain is different from roasted grain. Roasted grain means wheat that one eats roasted, and fresh grain means wheat that one eats raw, as is.

What does this mean? I thought there's a connection from this - as it says by one of the plagues, "and the wheat and the spelt were not struck because they were late," it says it was soft. No, "because they were late" means late - it grew later. This discusses the topic. And indeed, this also comes into Pesach - it's something connected to Pesach. The wheat and grain - what is this? There's something called grain. Ah, new grain that passed. Passed grain is also one of the...

Orlah (Mitzvah 192)

Mitzvah 192: Not to eat orlah (fruit of the first three years). The first three years from when a tree grows is orlah. As it says in the verse, "three years it shall be orlah to you, it shall not be eaten."

The meaning is: a person is an arel until one removes the bris milah, and a tree is arel until one brings the fourth year's... Yes, Rashi says it's called arel ploni because it's "arel mimcha" - it's as if sealed from you. Arel means sealed, like "his ear is blocked" - "his ear is stopped up," a blocked ear.

The pshat is not that a tree has orlah, rather the issur makes it orlah. This is how the Bechor Shor learns Rashi. Yes, "bread of the uncircumcised" - the pshat is uncircumcised ones, it should have said "uncircumcised ones," no, it should be sealed from you. Very good.

Kilei HaKerem (Mitzvah 193)

Mitzvah 193: Not to eat kilayim of the vineyard. If someone combined types of plants that one may not, for example grain with grapes, it becomes kilayim and one may not eat it, as it says "lest the fullness become sanctified." "Tikdash" means it becomes forbidden, like kodesh which is forbidden. The combination of seeds with produce of the vineyard becomes an issur of eating.

Yayin Nesech (Mitzvah 194)

Mitzvah 194: Not to eat or drink yayin nesech - wine that a goy used as a libation for avodah zarah, as it says "who eat the fat of their sacrifices, who drink the wine of their libations."

One needs to know where there's a language of "they shall eat" here. Not specifically a goy - yayin nesech that was used as a libation for avodah zarah. Yes, stam yayin of a goy is a different issur - even if he didn't use it for libation, that's an issur d'Rabbanan. But here we're discussing d'Oraisas.

Ben Sorer U'Moreh and Excessive Eating (Mitzvah 195)

Mitzvah 195 is very interesting. The mitzvah of ben sorer u'moreh - the Rambam says it's a lav: not to eat and drink in the manner of a glutton and drunkard. A person may not eat this way.

Just as you say that a large portion of all lavim are "do not eat," here you have a clear one - you may not gorge yourself, you may not eat in the manner of a zolel v'sovei, as it says "this son of ours is stubborn and rebellious, he does not listen to our voice, he is a glutton and a drunkard."

People think there are Rishonim who learn that this is the mitzvah of "do not stray after your hearts and after your eyes" - following after desires and so forth. We already discussed that people think the Ramban was mechadesh the issur of "you shall be holy," the mitzvah to be perushim. But the Rambam also has a proper lav - not only does the Ramban hold that "you shall be holy" is a mitzvah meaning kedushah, but the Rambam also has a proper lav against gorging. Simply going into a restaurant and overeating is a simple lav d'Oraisa.

A question about restaurants and Shabbos:

Going to a restaurant - chas v'shalom, eating in a restaurant like a mentsch is permitted. There's only a different problem with going to restaurants, because Shabbos meals should be the greatest simchah. That's a mitzvah - a mitzvah that one should eat an eating and drinking of Shabbos.

A person who goes to a restaurant and eats much better and more expensively and unusually - I don't know if he's not transgressing with this the mitzvah of seudas Shabbos. Because seudas Shabbos becomes less interesting than being at a seudah in a restaurant.

I mean, if one goes Erev Shabbos afternoon to the restaurant, yes. But when it says one goes to eat a melaveh malkah in honor of Shabbos in a restaurant, Erev Shabbos... We don't want to be too big fools, but I seriously thought - I learned this Shabbos, the Zohar HaKadosh has an extensive discussion about the mitzvah of seudas Shabbos.

How can it be relevant practically? If someone's normal routine is that he goes to eat in expensive restaurants, and it turns out that his Shabbos seudah is something weaker, he's nullifying from himself the mitzvah of eating Shabbos, the oneg of the Shabbos seudah.

I believe those who go to the fancy restaurants Shabbos buy even better food. Of course, R' Yitzchak is defending Jews favorably, without any doubt.

Discussion about the parameters:

Just so, someone who can afford for the... someone has no burden, one goes out for the family - perhaps the boundary of "in the manner of a glutton and drunkard"... perhaps the... We think Shabbos should be the most important seudah. Perhaps the boundary of "in the manner of a glutton and drunkard" is even how the seudah should rank. Where does it say? It's not only a count of how much one eats, but this is the way how one eats, the importance of it.

In short, we're not gluttons.

Is this l'halachah?

Is the way supposed to be l'halachah or the way is not from the mitzvos l'halachah? Not l'halachah. Everyone should ask their moreh hora'ah exactly what yes and how far not. But it's a serious matter - there is a way. Simply, if a person stuffed himself, he's over on a lav.

Malkos? One needs to check. Where else does the Rambam discuss this? Where is the halachah of ben sorer u'moreh in Rambam?

Yom Kippur (Mitzvah 196)

Mitzvah 196: Not to eat on the day of the fast. The day of the fast - the only fast that is d'Oraisa is Yom Kippur - there's a lav against eating, as it says "any soul that will not be afflicted."

Just so, the Rambam doesn't count here all the five afflictions, he only counts eating. Yes, it's not the Rambam, but according to the Rambam only eating is d'Oraisa.

Okay, perhaps we'll find it soon. Meanwhile we don't have that Rambam.

Chametz on Pesach (Mitzvos 197-201)

Mitzvah 197: Not to eat chametz on Pesach, as it says "and chametz shall not be eaten."

Mitzvah 198: Not to eat a mixture of chametz. Even when one eats a piece of chametz where part of it is chametz, a mixture, as it says "anything leavened you shall not eat."

The 199th mitzvas lo sa'aseh is not to eat chametz after midday on the fourteenth. Even though it's not yet Pesach, it's still before Pesach, but it's already after chatzos of Erev Pesach, there's a lav, as it says "you shall not eat chametz with it."

The 200th lav is that chametz should not be seen - chametz should not be seen in a person's domain.

The 201st mitzvah is that chametz should not be found - even if he doesn't see it. Lo yeira'eh is a language on him - it shouldn't be seen. Even if it's lying somewhere hidden, he doesn't see it, but it's in his domain, as it says "it shall not be found in your houses."

Here you found - anyway, chametz has fine points.

Nazir Prohibitions (Mitzvos 202-208)

One sees more clearly the distinction between lo yeira'eh and lo yimatzei by a nazir.

Mitzvah 202: A nazir may not drink wine. A nazir who accepted nezirus and prohibited wine upon himself, there's a lav that he may not drink wine. And not only wine - just as it was by chametz, mixtures of wine and fermented mixtures. "Wine and intoxicating drink he shall not drink."

And what's the shiur? If it has the taste of wine. As it says "and any grape mixture he shall not drink." Mishras means a mixture of grapes. He says, even wine that you put into it wine, it no longer has the taste of wine, he's not over on it. The word is not taste of wine - vinegar. Because the taste of wine makes it so that the mixture is called wine.

Discussion about mixtures:

One needs to know, by mixtures of chametz there was a whole question from the Rabbonim - if it's a k'zayis within the time of eating a pras, it goes from bread. Anyway, it's not over. What's the estimate? So it's my distinction on this. Even I can call it wine and the... a wine and he deals, forbidden deal, forbidden deal. That means the vinegar is still forbidden, but as you say about mixtures that it needs taste.

Additional nazir prohibitions:

But a nazir has besides this - he also may not eat plain grapes. He may not eat fresh grapes, as it says "fresh grapes he shall not eat."

The next is grapes that became dried, they became raisins - also there's a lav that he may not eat dried grapes, as it says "and dried ones he shall not eat."

And not only that, but even the shells of grapes. As it says "seeds he shall not eat." Chartzanim means the seed, the kernel. And the zag is the peel. "And skin he shall not eat."

I think it's interesting, because a person would have thought that shells are not eating at all, it's not fit for eating. Yes, it seems these things he brings out, one makes something from them. Yes, grapeseed oil. According to this, oil is also forbidden.

There's a takanah also which is a remembrance of an act, a remembrance of the destruction. There was something a remembrance. Like raisins - who eats raisins? People eat raisins? Yes, see what... it has in it some taste, it has a certain look. In the raisins, what's it called there? It has in it some taste, it has a part of the... In the little shops there they sell very good ones. Nu, nu. Perhaps one used to.

Tumah for a nazir:

Mitzvah 207: A nazir may not become tamei. Another issur that exists. A nazir may not eat, drink wine, a nazir may not become tamei, and a nazir may not... Yes, there's the issur of tumah for a nazir - a nazir may not become tamei to a dead person, as it says "for his father and for his mother he shall not become tamei for them in their death."

This is also since I saw it the Rambam placed it. This is even though a regular Kohen may become tamei for relatives, a nazir may not - like a Kohen Gadol.

Another thing he may not do - the issur is similar to what was by the Kohen Gadol, that he has an issur of not entering and an issur of not becoming tamei.

Mitzvah 208: A nazir may not shave, as it says "a razor shall not pass over his head."

Matanos Aniyim - Agricultural Gifts to the Poor (Mitzvos 209-213)

Now we're going to learn four halachos of tzedakah, of giving a portion of the field for the poor.

What have we finally finished - all the things we may not eat? Do not eat, do not eat, not to eat. Now we're going to see certain mitzvos of how one must give tzedakah from the field for the poor. No, what one may not do - what does the matter have to do with anything? We're going to learn mitzvas lo sa'aseh.

I really need a list of how many lo sa'asehs are not eating, because I'm afraid I missed something. You have a list? Yes. Okay.

Pe'ah - Corner of the field:

So, what may one not do when a Yid cuts his field? What may I not do? Not to cut the entire field - one may not cut off the entire field, one must leave by the corner, as it says "you shall not completely harvest the corner of your field."

Leket - Fallen stalks:

When I gather together my sheaves, what may I not do? Not to gather the stalks that fall, as it says "and the gleanings of your harvest you shall not gather."

I said a good pshat - if by you it's only something at the edge or something that falls down, leave it for the ani. It's not important enough for the world that one should leave it for the poor.

Olelos - Small grape clusters:

When I cut my vineyard, what may I not do? The small clusters, the bunches that have very few grapes, that remain like this or that fall down, that's not important enough for the world - one should leave it for the poor.

Peret - Fallen grapes:

Afterwards there's leket peret of the vineyard - the grapes that fall during cutting, there's "the fallen grapes of your vineyard you shall not gather."

Shikchah - Forgotten sheaves:

After I finished cutting, what must I not do? One gathered the grain, but a little remained, a few stalks. The stalks that are called the forgotten sheaf - the forgotten sheaf.

Peret and Shikchah (Gifts to the Poor)

The small clusters, the little bunches that have very few grapes, what remains or what sometimes falls off - it's not significant enough. "You shall not glean" - one must leave it for the poor.

What else may I not do in my vineyard? "And the fallen grapes of your vineyard" - the grapes that fall during cutting, this is "the fallen grapes of your vineyard," "you shall not gather."

After I have finished cutting, what may I not do? I have already taken and brought in the produce, but a few stalks remained. These stalks which are called the "forgotten sheaf" - the bundled pieces of grain that were left in the field by mistake - one should not go back to pick them up, "you shall not return to take it."

"And so for all trees" - not only "sheaf" which usually means wheat or barley that one gathers together, but also other fruits, other trees. When a person forgot that a tree is there, there is an issur of shikchah, "you shall not return to take it."

The Rambam does not make this into two lavin; he says it is one lav. Two lavin, two expressions. One needs to know when the Rambam counts it as an extra lav and when not. It's written in the Sefer HaMitzvos.

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Kilayim (Forbidden Mixtures)

Now we will learn kilayim - a few issurim of kilayim.

One is "you shall not plant your field with kilayim." Earlier we mentioned that one may not eat - that was a list of things one may not eat. Now there are things one may not do when going into the field; that was not kilayim. That was a list of things one may not do when going into the field.

What may one not do? One may not plant kilayei zera'im - different seeds with different fruits. "Your field you shall not plant with kilayim."

Another thing one may not do? "Not to plant grain or vegetables in a vineyard," as it says "you shall not plant your vineyard with kilayim."

Another thing one may not do with the same matter of kilayim? One may not plant in the vineyard, or if a fruit that is a mixture begins to grow. One may not plant - it doesn't grow by itself - in the vineyard. Ah, that is indeed the halachah of kilayim.

Crossbreeding Animals

"Not to crossbreed animals" - just as regarding fruit and seeds there is an issur, there is also an issur regarding living creatures, that one should not put together different types of animals to breed so that a new type of animal should emerge.

Nothing will actually emerge. The issur is not about what emerges; the issur is the act itself. The issur is the act, and the issur is min b'mino.

Both animals and trees - because when you put together wheat and corn, nothing grows. It has nothing to do with growing. The issur is to place them together. The Rishonim say it is similar to the issur of mating - it is mixing things that the Torah held should be separate species.

Okay, fine. They may say as if it's not the issur because nothing grows. Because when you put grain together next to corn, nothing grows. Grain grows separately and corn grows separately. It doesn't become kilayim. You have never seen wheat that is half wheat and half something else - there's no such thing.

The question was raised about crossbreeding as it relates to humans, or for example in what is called AI - seemingly one would be over on this issur.

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Working with Different Species

Mitzvah 239: "Not to do work with two species of animals together," as it says "you shall not plow with an ox and a donkey together."

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Muzzling an Animal

Mitzvah 240 is similar to what we already learned - that one should not withhold from a worker when he works in the field; one should not withhold food from him. Also regarding an animal, one may not close and block its mouth during work with something from which one eats and benefits, as it says "you shall not muzzle an ox while it threshes."

When an animal works hard and becomes hungry for the fruit, one must let it take from the fruit.

There is a derashah "don't read it as 'ox' but rather 'minister'" - when there is a minister, the government that takes a bit of money from the side, "you shall not muzzle a minister while he threshes."

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Shemitah Laws

Working the Land

Mitzvah 221: "Not to work the land during shevi'is" - in the shemitah year one may not work on the field, as it says "your field you shall not plant."

Mitzvah 222: "Not to work on a tree" - adamah refers to produce that grows on the ground, and also trees one may not work on during shevi'is, as it says "and your vineyard you shall not prune." Zemirah means removing small branches so it should grow well. It says "not to work, not to work" - all work that is included in the issur.

Harvesting and Gathering

Mitzvah 223 is still regarding shemitah: "Not to harvest the aftergrowth of shevi'is" - what grew by itself during shemitah, one may not cut it in the manner of regular harvesters. One may cut it, but only in certain ways. One may not cut it with the breadth of regular harvesters of other years; rather, one must stand under the mitzvah of shevi'is, that one should leave it for the wild animals.

I believe this means primarily when one takes it for oneself. He says "in the manner of harvesters of other years" - when one takes it in for oneself. I mean to say, the pasuk states that one may not cut. He learns that it doesn't mean the cutting itself is the issur, but rather cutting in the manner of other years.

Mitzvah 223 [continuing]: "Not to gather tree fruits during shevi'is" - also in the manner of gatherers in all other years. One may not bring in the tree fruits; rather, one must leave over a portion, and one must make it hefker, and one may not bring it into the house.

During shemitah one cuts, but whoever uses it is over on the planting and harvesting.

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Yovel Laws

Mitzvah 224: "Not to work the field and the tree" - the same three mitzvos that we just learned regarding shevi'is will apply to yovel. It will apply to yovel - not working. Both a tree and land. Here is the issur of working on the land or tree. Here it is indeed one lav, but why specifically these calculations?

The second: "shelo liktzor" - one should not cut the sefi'chim that grew in the yovel year, as it says "lo sizre'u."

And "shelo le'esof es peiros yovel" - one should not bring home the fruits from the field in the manner of gatherers in other years, as it says "velo sivtzeru es nezireha."

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Land Sales in Eretz Yisrael

Mitzvah 227: "shelo limkor sadeh b'Eretz Yisrael litzmisus" - a person may not sell a field in Eretz Yisrael permanently; rather, it must return home in yovel, as it says "veha'aretz lo simacher litzmisus."

I believe the kinyan doesn't happen - it goes out anyway at yovel, even if you tried. So the lav is that you shouldn't try to sell it. The lav is that you shouldn't hold it at yovel. The lav is the din that you shouldn't - ah, I thought it means you shouldn't call the police and not let the other person return at yovel. Or perhaps it means that the very making of a sale which... yes, okay. Could also be.

But many of the lavin are - many of the lavin are the thing itself. In truth, there is no single lav that is not chal. Here it is "ihu v'avdo l'ma'alah." Anyway, the lavin here are not all things one can do, as it was a part yes.

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Levite Cities

Mitzvah 228: "shelo l'shanos migrash haLevi'im v'sedoseihem" - the cities that the Levi'im receive, as we discussed earlier. The Levi'im don't receive their own nachalah; they will receive certain migrashei haLevi'im, certain areas in Eretz Yisrael, and these places may not be changed - they may not leave the shevet.

What does the lashon mean? It seemingly means to change the migrash to a city or something like that. I don't know exactly what. Migrash into a city, city into a migrash. We will see when we learn the halachah.

So he says indeed, so it says "lo yimacher mimkeres olam" - the Gemara learns the issur of changing. The pshat is, the Gemara says it's different from the simple meaning. The simple meaning is perhaps "lo yimacher," and here it says "lo yishuneh." He makes a... It's written there in Hilchos Migrashei HaLevi'im what the din is and so forth, what one may not change.

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Supporting the Levi'im

Mitzvah 229: "shelo la'azov es haLevi'im" - the father of the Levi'im should not be left so hefker without money, as it says "hishamer lecha pen ta'azov es haLevi."

Rather, what does one do? "Nosein lo matnosav, u'mesamcho bahem b'chol regel v'regel" - one gives him his gifts and gladdens him with them on every festival. Presumably this means it was an established practice regarding the rabbanim, the klei kodesh, the melamdim - one should give them nice tips, and whoever doesn't have a proper nachalah.

I have on all mitzvos that say rabbanim may not take lines. That's how it goes. But it's very interesting - this is one of the only lavin where he says "ela." Many times he doesn't say "ela." This is important to remember.

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Shemitah Loan Laws

Mitzvah 230: "shelo yigveh halva'os she'avrah aleihen shevi'is" - shevi'is releases the loans, and one may not go and demand payment, as it says "lo yigos es re'eihu."

This is also, in truth this is also like by yovel - the truth is that it becomes patur, but the issur is if someone goes and it's... This is a halachah; we will demand anyway.

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Lending Before Shemitah

Mitzvah 231: "shelo yimna mei'halvos la'aniyim lifnei hashemitah" - a poor person can ask for loans, and there is a mitzvah of, we already learned it, a mitzvas aseh of "im kesef talveh es ami."

A person should not make a calculation that shemitah is coming and he will become exempt from paying, and one should not hold oneself back because of this, as it says "hishamer lecha pen yihyeh davar im levavcha beliya'al."

How is this a lashon of lav? The Rambam says: "zeh haklal, kol makom shene'emar hishamer o pen o al, harei zeh mitzvas lo sa'aseh" - this is the rule: wherever it says "beware" or "lest" or "do not," this is a negative commandment.

It's interesting, because it's a very normal thought that a person thinks - that he won't get it back anyway. But you shouldn't think of it that way. Basically you can say it's a mitzvah to give a gift, because he will borrow and the shemitah will release it, so it's a gift for the poor person.

No. It's a mitzvah to give a gift. No, no, no. You must understand - the mitzvah is that one shouldn't because of this... True, the mitzvah is not to give a gift, but I'm saying that the po'el yotzei of the mitzvah will be that the poor person will be able to keep the money. But that should not be the reason to hold oneself back from lending money to the poor person.

You ask a good question: How can one fulfill this mitzvah? I don't have a teretz on your good question, but what's written is written.

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Tzedakah

Mitzvah 232: The mitzvah of giving tzedakah. But what is the lashon? "velo yimna mei'hachayos l'ani u'milisein lo mah shehu tzarich" - holding oneself back from this, being mone'a from this, is a lav that a person transgresses "l'vad she'eino nosein tzedakah" - aside from not giving tzedakah.

So it says in the Rambam - it's interesting. What is he explaining? That someone who does give tzedakah is over on a mitzvas aseh. But being ma'alim ayin from tzedakah is not only that he was mevatel an aseh; more than that, he also transgressed a lo sa'aseh.

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Hebrew Slave

Mitzvah 233: "shelo l'shalei'ach eved Ivri reikam k'sheyeitzei chofshi" - when an eved Ivri has finished his time, or he goes out free for any reason. There is a halachah that when an eved Ivri goes out free - it's in Parshas Mishpatim - when he goes out, one should give him gifts. "Ha'aneik ta'anik lo" it says there. I don't remember if it says by the eved but I think yes.

As it says "lo seshalchenu reikam" - one should not send him home with empty hands.

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Treatment of Poor Debtors

Mitzvah 234: "shelo yidchok ani b'chovo k'sheyeida shehu ani" - when one has lent money to a poor person, if one knows that he truly doesn't have what to pay back, one should not bother him and one should not torment him. "Velo yatzik lo" - one should not make him uncomfortable, as it says "lo sihyeh lo k'nosheh."

This is very similar to "shelo yimna mei'halvos" - one must give loans and one should not hold oneself back because of poverty or similar reasons.

I mean to say that even when a person has a very legitimate claim why he doesn't want to lend, or why he wants his money back - because I'm not obligated to give him, I'm only obligated to lend him, and there are other rules. But still there is a manner in which one may not convey this.

Ribis - Interest on Loans (235-237)

Mitzvah 235: shelo l'halvos b'ribis - not to lend with interest. It means to say that even when a person has a very legitimate claim why he doesn't want to lend, why he wants his money back, because he doesn't want to obligate himself to give, he doesn't want to again obligate himself to lend - there are mitzvos, there are other rules. But still there is a manner in which one may not request it back with all this.

Mitzvah 236: shelo lilvas b'ribis - not to borrow with interest. There is an issur on lending, but there is also an issur on borrowing, as it says "lo sashich l'achicha" etc. So we learned in the Peirush HaMishnah, that this is a warning to the borrower that he should not cause the lender to take interest - that the borrower may not take a loan with interest.

Mitzvah 237: shelo l'hoshit yad bein malveh v'loveh b'ribis - not to extend a hand between lender and borrower in an interest transaction. Besides that there is a lav on the lender and a lav on the borrower, there is a lav on the intermediary, on the one who arranges the matter. What does "give a hand" mean? Lo lihyos areiv o eid, velo lichtov shtar beineihem - not to be the guarantor or witness, and not to write a contract between them - not to be the facilitators of such a transaction, as it says "lo sesimu alav neshech."

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Timely Payment of Workers (238)

Mitzvah 238: shelo l'acheir pe'ulas sachir - not to delay the wages of a hired worker. Yesterday we had the aseh of this, "b'yomo sitein secharo" - on his day you shall give his wages. Here is the lav that one should not delay the wages of a hired worker, as it says "lo salin" - you shall not let it stay overnight, you shall not hold back until nighttime the wages of a hired worker.

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Laws of Collateral/Mashkon (239-242)

Mitzvah 239: shelo yimashkein ba'al chov b'zro'a - a creditor should not take collateral by force. If a person has borrowed from someone, he should not go take a mashkon with force, as it says "lo savo el beiso la'avot avoto" - you mean to come to him with force.

Mitzvah 240: shelo limno'a avot mib'alav b'eis shehu tzarich lo - not to withhold collateral from its owner when he needs it. If one has indeed taken a mashkon, but the mashkon is something that the poor person needs to use, one should not withhold it from him, one should give it to him, "lo sishkav ba'avoto" - meaning, you should not go to sleep while you have his item that he needs importantly, so he shouldn't cry.

Mitzvah 241: shelo l'mashkein almanah - not to take collateral from a widow. When one lends to a widow, one should not take her garment as collateral, as it says "velo sachavol beged almanah."

Mitzvah 242: shelo lachavol keilim she'osin bahem ochel nefesh - not to take as collateral utensils used for preparing food. A utensil that the poor person, that the debtor, needs to have to work with and make food with, one may not take at all as collateral, as it says "lo yachavol reichayim varechev ki nefesh hu chovel" - not to take the thing that is used for work.

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Goneiv Nefesh - Kidnapping (243)

Mitzvah 243: shelo lignov nefesh miYisrael - not to kidnap a person from Israel. Just as "lo signov" in the Ten Commandments doesn't mean stealing money, what does stealing a person mean? As it says "v'chi yimatzei ish goneiv nefesh."

What does stealing a person mean? It's a severe matter, because you are not acquiring the person, the person doesn't become yours. It means you take away his choice, his freedom.

According to the simple meaning, one may not steal a person, it means kidnapping. And one can very well kidnap a person through... one doesn't need to acquire him, one needs to force him to work for you. You have taken away his will.

From here we learn that just as one kidnaps him through brainwashing is also a type of goneiv nefesh. Because you don't become the actual kinyan geneivah like in other types of theft, because you never acquire him. He remains forever a free person even when he is in your house, but you have taken away his choice.

Kinyan geneivah also means that it becomes yours. When you take money it also becomes yours. The theft is that you don't know when it becomes when. So it is in the world, that one takes with permission and one takes without permission - either way it becomes yours. But by goneiv nefesh it doesn't become yours.

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Goneiv Mammon - Stealing Money (244)

Mitzvah 244: shelo lignov mammon - not to steal money. Besides goneiv nefesh miYisrael, there is an extra lav not to steal. One may not steal.

According to drash this is merely stealing of da'as (deception), it's goneiv nefesh. But according to pshat it's the same. In total there were two verses, and the Sages wanted to make a yisur (derivation) from one of them, but it cannot be that the Torah simply speaks of nefesh and not simple pshat.