Division of the Book, Part 3 (Auto Translated) – תמלול מתורגם

Introductions Before Learning Rambam

Prayer for Success in Learning

I saw a shiur from Rabbi Braun, the Rav of Crown Heights, at a Siyum HaRambam. He repeated that the Lubavitcher Rebbe said that it’s very difficult to learn Rambam every day, but it’s a great thing to succeed at it. The Rebbe instructed that before one begins to learn, one should say a chapter of Tehillim (Psalms), and pray that the continuation of the shiur should go well, that no one should fall away, and that one should have strength, desire, and persistence.

King David prayed that his Tehillim should be like Negaim and Ohalos – that when one uses Tehillim to be able to learn Negaim and Ohalos, that’s very good, and one fulfills King David’s request.

Whether One Can Rule Halachically from the Rambam

People are often worried and say one shouldn’t learn Rambam because one can’t rule halachically from it – the halacha isn’t always like the Rambam.

The truth is that yes, we can’t know the exact halachic ruling in Choshen Mishpat and Yoreh Deah – exactly whether one may put back the pot on Shabbos this way or that way, whether the Rambam is too lenient, and therefore if someone is lenient according to the Rambam, he goes against the custom which is stringent.

However – most Jews, their problem is they don’t know at all that such a thing exists. They know there’s Shabbos, everyone knows that, but they don’t know precisely at all that there’s a halacha of shiur hatmana (the measure for insulating food), and what it’s even called. When one learns Rambam, one finds out, and the worst case is someone will be lenient like the holy Rambam.

It’s a much later level to know a certain custom for practical halacha. But first – through learning Rambam one gains much more from knowing all the foundations, general principles and details. Afterwards, if practically someone wants to ask a local halachic authority or look in the Mishnah Berurah, that’s a wonderful thing.

Even regarding things that are practically relevant – the laws of chametz are practically relevant, but most people have completely forgotten that such a mitzvah exists.

The Chazon Ish’s Approach

The Chazon Ish held that when a Jew learns through a sugya (Talmudic topic) and a certain approach becomes very clear to him, he may conduct himself that way. It could be someone who is a student of the Rambam, he always learns Rambam, he sees the sugya – his entire perspective on the beginning of the Shas is organized according to the Rambam’s order. But again, one shouldn’t rely on this for practical matters.

Everyone conducts themselves according to what’s accepted – primarily one does what one saw from parents and what one saw in the community.

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Sefer Tahara – The Structure

This is the last shiur of the introductions to the Rambam. We learned the long introduction of the Rambam where he explains the relationship between the Written Torah and the Oral Torah, listed the enumeration of the 613 mitzvos, and then the Rambam goes in and explains his order of how he organized his fourteen books.

Sefer Tahara has eight categories of halachos:

Hilchos Mikvaos is actually the only one that’s practically relevant from this entire section, because a mikveh still needs to be made according to the laws of mikvaos. Perhaps something from it is relevant for a Kohen even nowadays – I need to be careful not to become tamei (ritually impure).

Hilchos Tumas Mes (Laws of Corpse Impurity)

Hilchos Tumas Mes has one positive commandment. This is perhaps the first complete topic of halachos that has only one mitzvah – and that is the law of corpse impurity.

Hilchos Parah Adumah (Laws of the Red Heifer)

Hilchos Parah Adumah includes two positive commandments:

1. The law of the red heifer – the law of making a red heifer

2. After one has already slaughtered the red heifer – the way one purifies. One mixes the ashes of the heifer with water and it’s called “mei niddah” – niddah is an expression of sprinkling. The mitzvah is the law of the impurity of mei niddah and their purification – it makes impure those who use it for the mitzvah: it purifies the impure and makes impure the pure.

A Note About the Rambam’s Language

Interesting – in the list of 613 mitzvos, the Rambam called the red heifer (mitzvah 103): “the mitzvah of the red heifer to have ashes prepared.” But here he changed it and wrote “the law of the red heifer.” I see that in Sefer Tahara, “din” (law) became his language.

Hilchos Tumas Tzaraas (Laws of Tzaraas Impurity)

Hilchos Tumas Tzaraas includes eight mitzvos – six positive commandments and two negative commandments:

1. To rule regarding human tzaraas according to the law written in the Torah – that the Kohen should deal with the laws of when a person finds tzaraas on his body, when it’s kosher and when it’s tamei.

*Question:* Is the mitzvah “to rule” – a mitzvah on the Kohen to rule? Or is the mitzvah the laws of tzaraas as he says “the law of the red heifer”?

2. Not to cut off signs of impurity – one shouldn’t cut off a nega (affliction), even just a little, so that one removes the bit of the nega that makes it tamei.

3. Not to shave the nesek – when one has a nega on the hair called nesek, one shouldn’t cut the hair.

4. That the metzora should be publicized through tearing his garments – once one is confirmed as a metzora, he’s sent outside the camp, he tears his garments, he lets his hair grow.

The Rambam’s language is interesting: the purpose of the matter is that he should become publicized – “tamei tamei yikra” (impure, impure he shall call out), people should know he’s tamei. But the Rambam doesn’t say there are actions one must do and the result is that one becomes publicized. Rather the opposite – the mitzvah is to publicize, and there’s a prescribed way to do it.

*Practical difference:* Perhaps one can learn that if there’s another way to publicize, one must be able to do it.

The Tzanzer Rav said that “tamei tamei yikra” is the result of all these things – when a person does so, all the people who pass by say that he’s tamei.

5. Purification of tzaraas – how one purifies tzaraas

6. The mitzvah of shaving the metzora of all hair on him – when he becomes pure he must cut the hair

7. The law of tzaraas of garments – if one finds tzaraas on a garment

8. Tzaraas of a house – when one finds tzaraas on a house

Hilchos Metamei Mishkav U’Moshav (Laws of Those Who Impart Impurity to Bedding and Seats)

“Metamei mishkav u’moshav” means the impure ones who impart impurity to bedding and seats – niddah, zavah, yoledes (woman who gave birth), and zav. They belong in one category because they all have the characteristic that they impart impurity to bedding and seats.

It includes four mitzvos:

– The law of niddah impurity

– The law of yoledes impurity – after giving birth to a child one is tamei for a period of time

– The law of zavah impurity – a woman who is a zavah

– The law of zav impurity – a male who is a zav

Other Primary Sources of Impurity

Besides what he already listed – tumas mes and niddah which are an av hatumah (primary source of impurity) – there are other primary sources of impurity.

It includes three mitzvos:

– The law of neveilah (carcass) impurity – a neveilah is an av hatumah

– The law of sheretz (creeping creature) impurity

– The law of shichvas zera (seminal emission) impurity – shichvas zera imparts impurity

Avodah zarah (idolatry) – in the Gemara it states “avodah zarah imparts impurity like a sheretz.” And there is impurity from the words of the Sages – he lists the impurity from rabbinic law.

The next category of halachos is other primary sources of impurity. Besides what he already listed – tumas mes, and niddah is indeed an av hatumah, and so on – there are other primary sources of impurity. And it includes six positive commandments, and this is their detail. He lists: the law of neveilah impurity – a neveilah is an av hatumah. The same thing a sheretz – the law of sheretz impurity. The law of shichvas zera impurity – shichvas zera imparts impurity.

Avodah zarah – interesting, avodah zarah is in the Gemara “avodah zarah imparts impurity like a sheretz, and its image from the words of the Sages.” It’s interesting that he could have listed first the law of shichvas zera impurity, then the law of sheretz impurity, to place avodah zarah right next to it. We’ll see the exact order.

Also interesting that avodah zarah he doesn’t place by Hilchos Avodah Zarah. I guess because this is avodah zarah that’s already relevant to impurity.

Hilchos Tumas Ochlin (Laws of Food Impurity)

Hilchos Tumas Ochlin – one positive commandment, and that is the law of impurity of liquids and foods and their preparation. How liquids and foods become tamei, and how one can purify them.

Hilchos Keilim (Laws of Vessels)

The laws of vessels. And this is their detail. Here he doesn’t bring out any mitzvah at all. The subject of these halachos – this is indeed the first we’ve encountered without a mitzvah. He doesn’t say it’s rabbinic, he says the halachos, it’s from the Torah, but he doesn’t say how many mitzvos.

The subject of these halachos of Hilchos Keilim: to know which vessels receive impurity from all these impurities – which vessels receive impurity from all the aforementioned impurities, and vessels that don’t become impure, and how vessels become impure – how vessels become tamei, and how they become pure – and how they become tahor.

Actually all these things are also mitzvos, because if a vessel becomes tamei from tumas mes, that’s part of the mitzvah of tumas mes. But there’s an extra category of how vessels become tamei.

There’s a whole tractate Keilim. If the Rambam would have found students who learn the laws of keilim, he would have been very happy, because unfortunately there aren’t. There’s a whole halacha – what’s the subject of all these halachos? It’s all from the Torah, because it imparts impurity from the Torah. It’s just that the… apparently regarding tumas mes there are also these things, but the point is that it’s like a condition – it’s more like the object that receives impurity, and not laws of how to become tamei, but that this receives impurity. It’s interesting, there’s a whole tractate Keilim, a larger tractate.

Hilchos Mikvaos (Laws of Ritual Baths)

The laws of mikvaos. One positive commandment that “every tamei person should immerse” – all types of impure people should immerse in my mikveh, “and afterwards become pure” – and then they will become tahor.

All impure people, except for a tamei mes. Because a tamei mes still needs the red heifer. A mikveh doesn’t help at all for a tamei mes. It turns out, it doesn’t help. When there’s no red heifer, we don’t say one should at least go to the mikveh – it doesn’t matter. Similar to how we say that when one can’t go to the mikveh one should wash the hands. It doesn’t matter halachically.

People go to the mikveh after a funeral, there’s such a custom. Washing the hands is because of the spirits or something, not because of the impurity. But I saw a teaching, I don’t remember from which Chassidic sefer, he says this is what’s meant by “mikveh taharasam lifnei Hashem titharu” (the mikveh of their purification, before Hashem you shall be purified) – that even when one can’t become completely pure, one should at least immerse in the mikveh. That mikveh doesn’t help for tumas mes, but nevertheless, purify yourself as much as you can, even if it doesn’t help completely.

Summary of Sefer Tahara

“It turns out all the mitzvos included in this book” – in all of Sefer Tahara there are twenty mitzvos, “of them eighteen positive commandments, and two negative commandments.”

It seems to me that the Rambam did a lot of work on Sefer Tahara to create an order. There’s a whole introduction from the Rambam in Sefer Tahara, where he says that no one knows it – it’s like an introduction where he says no one knows it, also because it’s not practically relevant, and also because it’s difficult. The Rambam put in a lot of thought to clarify, to make good general rules, and one can see it in the mitzvos here. The laws became much clearer, and not so sometimes this way…

He didn’t just say a bunch of mitzvos. He worked very hard on what the order should be. I made the category of keilim, and I think keilim really isn’t so nice for us, but you see that one can agree, and one can see that this is a more organized seifa (end section). The Rambam worked hard to make the order of it. It’s known, the introduction to Seder Taharos is a very strong composition of the Rambam explaining the order of Taharos.

Kedusha and things, there you have the Moreh Chata which is an important composition, but there I didn’t notice so strongly that it’s so clear. Perhaps also, he made divisions – for example the korbanos of pesulei hamukdashin (disqualified consecrated animals), the Rambam also has, it’s such a… it’s not mitzvos, it’s such all sorts of disqualifications that one may not offer. It’s a chance to divide this way or that way – extra korbanos of individuals and korbanos of the community.

Sefer Nezikin (Book of Damages)

The second seifa is Nezikin. Nezikin is basically the three Bavas.

Choshen Mishpat, giving to one’s fellow. Because Nezikin is more Bava Kamma, but… you also have Hilchos Mazik (laws of one who damages). Kinyan (acquisition) is more such things. Shoftim (Judges) is strongly in Bava Metzia, you have many laws of the four guardians and deposits.

Shoftim is more like Sanhedrin. Shoftim is Sanhedrin, perhaps Edus (testimony). Hilchos Edus is also here regarding beis din. Hilchos Mamrim (laws of rebels). Shoftim is more in tractate Sanhedrin – a bit of Avodah Zarah, a bit… Avodah Zarah also has a lot from Sanhedrin in these matters. Hilchos Edus also stood in tractate Sanhedrin.

The idea of making a book like a group that’s Hilchos Sanhedrin, is basically Mishnah tractate Sanhedrin. It doesn’t stand there. There stands punishments, it also stands here – the punishments that beis din makes, and so on.

One can say this is Bava Kamma, Bava Metzia, Bava Basra and Sanhedrin.

Nezikin in Ancient Times Versus Today

One can perhaps say that in ancient times, the things that were in the Torah were about nezikin. I guess nezikin was a very close thing. Today probably most Torah laws are more in buying and selling, claims and counterclaims, partnerships, and someone encroached… it’s not the big… and the neighbor damaged your property.

I think that even mostly it’s partnerships and loans that weren’t paid, or he drags in investments. That’s again, dinei Torah go on fewer nezikin.

Perhaps one needs to think another… I’m about what the Rambam made nezikin as a small thing, and there comes many other types… the order, the order that’s in the Gemara calls all these under the category of nezikin.

This is interesting. The order of Choshen Mishpat is called Nezikin, and also in the Chumash, when one looks in Parshas Mishpatim, it begins from nezikin, or not? The first thing is “ki yigach” (when it gores). Then it speaks many laws of guardians and other things, but Mishpatim is after the Ten Commandments, and it begins with nezikin. Nezikin appears to be a very important category.

It could be that once in those times the main disputes were in matters of nezikin, because animals walked around… there weren’t yet all these businesses. They didn’t have all these businesses. I don’t know, it seems to me that the dinei Torah are less about nezikin, more about all the other things. It’s still there, the problems with insurance.

Hilchos Nizekei Mamon (Laws of Property Damages)

Sefer Nezikin has five categories of main halachos. Hilchos Nizekei Mamon – when one damages someone with property, or your property damages.

Hilchos Geneivah, Gezeilah V’Aveidah (Laws of Theft, Robbery and Lost Objects)

Hilchos Geneivah (theft), Hilchos Gezeilah V’Aveidah (robbery and lost objects)… Interesting. He has two categories that seem to be the same.

Interesting that gezeilah and aveidah stand together. And then there’s geneivah separately, and gezeilah v’aveidah. Geneivah, gezeilah – would seemingly have been a better pair. Gezeilah would have been geneivah. Geneivah, gezeilah, or gezeilah, geneivah.

Interesting, aveidah stands in the middle. Geneivah is harsher than gezeilah.

I have a suspicion that I’m going to be able to say a chiddush (novel insight) in Parshas Mishpatim, it will be a question. It’s interesting, because an aveidah… gezeilah and aveidah do have a certain connection. Gezeilah is causing loss to someone’s property actively, and aveidah through ignoring someone, to help someone. But really, very different. Someone who doesn’t do hashavat aveidah (returning a lost object), is he a half-robber? Weird.

Hilchos Chovel U’Mazik (Laws of Wounding and Damaging)

Then there’s Hilchos Chovel U’Mazik. He himself damages – nizekei adam (damages by a person), basically. Chovel means he wounds bodily, mazik means he damages property. But both he does himself. He means his ox or his animal does.

Hilchos Rotzeach U’Shemiras Nefesh (Laws of Murder and Protecting Life)

And then there’s Hilchos Rotzeach. A person kills someone, or a person kills himself? Shemiras nefesh (protecting life). Or kills another through not guarding life – for example the laws of maakeh (guardrail), he doesn’t make a guardrail for his roof.

It’s very interesting that shemiras nefesh – people don’t know that suicide is simply a type of murder. Because you’re not completely the master over yourself to say. Shemiras nefesh means however mostly… there is indeed a translation, Targum Yerushalmi or Targum Yonasan, “lo tirtzach” (you shall not murder).

One should try, if someone has lost all students, chassidim, friends, try not to do it yourself. If one can, it’s better not to. Rebbe Nachman said there’s no despair. Anyway, at most, one can… you know a thing, that one can always push it off. Ah, tomorrow, can’t go away. If you’ve already done it, one can do it again, but… put it well.

Shemiras nefesh is a branch of murder.

The Four Primary Categories of Damages

Hilchos Nizekei Mamon includes the four primary categories of damages – their details:

– The law of the ox – usually goring. It drags.

– The law of the pit – means tooth. It grazes.

– Pit

– The law of fire – is fire.

But he doesn’t list the foot. Perhaps the ox is perhaps goring and foot, and the pit is tooth.

The Gemara indeed has all sorts of disputes. One learns about ox, pit, and fire. The Rambam rules basically that ox means goring and foot, and pit means… pit here must mean apparently like in the verse it states “cast upon Hashem your burden (yehavcha).”

Laws of Damages – Ox is the Primary Category of Foot

The Rambam learns that “shor” (ox) is the primary category of “regel” (damage by walking) – it’s one primary category. He rules that “shor” means “keren” (goring) and “regel.” But here he says, seemingly, when he brings that “shiluach” (sending) is “biur” (destruction), “biur” is “eish” (fire). The question is, if “regel” goes into “keren,” as the Rambam holds.

One can say that eating chametz on Erev Pesach can be called “biur chametz,” because the term “biur” applies to eating. But an animal – how does it apply to a person? “Biur” is a term for animal, like “ha’ish ba’ar” (the brutish man). “Biur” is a term for animal. Perhaps because when an animal acts like an animal, it destroys. Just as a person doesn’t eat because he wants to be satisfied, but because he wants to destroy something, he does an act of an animal, an act of destruction.

Laws of Theft – Seven Mitzvos

“Included in them are seven mitzvos” – two positive commandments and five negative commandments.

The Positive Commandment of “To Judge”

A positive commandment is “din” (judgment) – he calls it “din.” This is a positive commandment? Let’s look at the positive commandments where this stood. Ox… ah, “to judge.” All these “to judge” here, they threw in “din.”

What is the proof? If it were a negative commandment, there would be a prohibition that one shouldn’t let the animal cause damage. But it’s a positive commandment. The positive commandment is not that you should guard against it, rather the positive commandment is that you should judge after the damage has occurred.

This is a proof that all these “to judge” doesn’t simply mean that the court must exist, rather the unique name to be able to fulfill the mitzvah of “to judge” is to say that the law of an ox is that it must pay half damages or full damages, and so forth.

The Five Negative Commandments

First: Do not steal money – Whoever wants to know how to do a negative commandment, an important negative commandment – not to steal money. One gives rebuke to the thief. If someone doesn’t know the practical law, one tells him to do teshuvah practically, he should look inside and see exactly when one may not steal.

If when he’s uncertain he shouldn’t do it? I remember that the Shaarei Yosher says that regarding monetary matters it’s not clear that there’s “safek d’oraisa l’chumra” (doubtful Torah law is treated stringently), regarding the Kuntres HaSfeikos.

The law of the thief – means seemingly that he must pay double, whatever all the laws are of what one does with a thief.

Positive Commandment: To Make Scales and Weights Accurate

Afterwards there’s a positive commandment – to make scales and weights accurate, that one should have correct scales.

It’s interesting, you see that “l’tzadek” (to make accurate), the term “tzedek” means equal, it means measure for measure, it means it should be exactly even. And here it’s said as a verb – one should make accurate, one should make the scales be “tzedek,” the scales and weights should be correct.

It’s part of the laws of theft, it’s very interesting. This is one way of stealing. And one can even ask a question – why is it needed separately, isn’t it included in theft? It’s not robbery, because the other person doesn’t see that you’re grabbing, but it’s a type of theft.

Do Not Commit Injustice in Measures and Weights

It could be that it does have an explanation. For example, a person will say that really I’m asking a good price, it’s just a marketing trick. People do this. They sell a huge bag of potato chips, and you open it up, there’s 90% air. And they say, look, it looks better, and I write it somewhere in small letters.

Will we say, even perhaps with the law of theft it might not definitely be called theft, there’s an extra law of measures and weights. One can find an answer why it shouldn’t be called theft, there’s an extra prohibition of false weights.

I remember that on Yenta it explicitly states such a correction regarding the laws of overcharging, with nice notes and source references.

Do Not Have a Stone and a Stone, an Ephah and an Ephah

Not only should one not do it, but one shouldn’t even have in the house a “stone and a stone, an ephah and an ephah.” Simply understood, one takes from those who do such deeds – if someone has a scale at home, seemingly we’re talking about a scale used for commerce and not a toy that isn’t calibrated, the Torah says one must burn it.

My brother Elazar said a good point here – it’s because one can’t follow every person when he weighs, so he shouldn’t have it at all.

And seemingly today one can say, if someone learns to hack, or someone has a master key that can break in, perhaps this is also a transgression of “ephah and ephah.” It’s a nice chiddush (novel idea), one needs to investigate it.

Do Not Move a Boundary

Afterwards there’s another interesting way of stealing – moving a boundary. One moves the boundary, which is also essentially theft, just another detail.

Why does one need extra? It could be “do not move a boundary” is more similar to “ephah and ephah,” because he’s not stealing now. He’s not doing anything with it. He just moved the gate a little, so that one day he can claim it’s mine. It’s a preparation for theft, a type of preparation for theft.

But perhaps it’s more severe, as the Gemara says – it states “do not move your neighbor’s boundary which the early ones established,” it’s the order of inheritance. It’s a whole…

Kidnapping

One must be careful not to do any kidnapping.

Reb Yoelish says that also when one brainwashes someone it can also be a concern. One tries not to brainwash anyone.

Rashi says several times that “lakach” (taking) people, the Ramban says it regarding the tribe of Levi, he says “taking with words.” One can’t take people with hands, even besides a kidnapper, but normal people, the prohibition is not to take them with words.

It could be for example a concern, one should be careful with oneself inside. But for example, sometimes a person can stand at the door and he doesn’t let people out of the study hall, he doesn’t let them leave. It’s a question of kidnapping. Making people so uncomfortable to do something. Making people do something because they become very uncomfortable. It’s something of a type of kidnapping with words.

If someone is actually kidnapping, he’s a kidnapper – it stands for example like this, the crowd wants to leave the study hall, and you stand at the door. It’s obvious that you’ve been told you’re a kidnapper. When someone stands up and gives a long speech at a celebration, and no one is comfortable leaving.

Laws of Robbery

Seven mitzvos – two positive, five negative.

Do Not Rob

One may not rob.

Do Not Oppress

“Do not oppress” refers to a worker’s wages, that one doesn’t pay the other person back. It is robbery, because the other person clearly sees that you hired someone and you don’t pay him. But it’s not the same robbery, it’s more like “do not delay” – you should pay him on time and so forth. But if you don’t pay him at all, you transgress “do not oppress a worker’s wages.”

Do Not Covet and Do Not Desire

This is indeed the Rambam who brings it. “Do not desire” is beginning to plan, and “do not covet” is already doing some action in it.

But truly, I agree that all are directed towards an action. But sometimes it can be that even to think a bit too much, which is already a bit of planning.

Important: It means someone else’s thing that is not for sale. It’s a prohibition through buying and selling.

Because you can say that if so, every magazine makes the public transgress “do not covet,” because they make the advertisements make all items look nicer, so that one should covet and go buy. Why isn’t this so? Because this is the way of buying and selling – he wants, he puts it out specifically so that one should covet. Coveting means something they don’t want to sell.

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*[The following section requires attention:]*

The Chovos HaLevavos was a tremendous tzaddik, but he also made himself very simple with witticisms. He said that every mitzvah was made also for simple people, but also for tzaddikim. How is “do not covet” applicable to tzaddikim? He said, when a wagon of chassidim travels to Spinka, this one knows of another Rebbe who is in that area, he doesn’t have a large following, this is “do not covet your neighbor’s wife.”

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Positive Commandment: Returning Robbery

The positive commandment is to return robbery. The question arises – the kinyan sudar (acquisition through a cloth) isn’t there to return the item, you can return money. But the positive commandment is to return the robbery. Every person, even an important person, if he robbed, can know that there’s a time when one can return.

“You Cannot Ignore” – Returning Lost Objects

The positive commandment of “you cannot ignore” is the positive commandment of what you return. So seemingly it’s again a positive and negative commandment on the same thing.

Why Does Lost Property Belong in Laws of Robbery?

This is interesting – why is a kindness of robbery more than a kindness of theft? Why does a lost object belong in the laws of robbery and not in the laws of theft?

Look – in the laws of theft he has only actual theft, and in robbery he also placed “do not covet,” “do not desire.”

Because it could be, because “do not covet” causes more… what causes robbery more than theft? I don’t know, it’s not strong. One really needs to understand why he placed it in this category.

Because returning robbery and returning lost objects are very similar. Why didn’t he need a separate laws of returning lost objects? And both are a “negative commandment that can be rectified by a positive” – if you did transgress “you cannot ignore,” you can now go return the lost object.

Perhaps he wanted to balance, he didn’t want the laws of robbery to be very small. So he wanted to put everything into one. One needs to understand this.

In the Gemara one sees that there are laws of robbery and laws of theft separately. Returning lost objects is certainly separate.

Laws of Injury and Damage

There’s one positive commandment – the law of one who injures his fellow or damages his fellow’s property.

Laws of Murder and Protecting Life

Balancing the Laws

Perhaps together one needs to balance, like another thing – robbery is very small. It gives everything to put into one. I don’t know, one needs to understand.

In the Gemara one sees that there are laws of robbery and laws of theft separately. One reality is returning lost objects – certainly separate. But how does it stand when a thief is also in Bava Kamma? It seems to me that here and also regarding the obligations of the damager – it’s one positive commandment.

The 17 Mitzvos

I’ll tell about protecting life – this is a big one, the biggest of the group. There are 7 positive commandments and 10 negative commandments. Also a good number.

Mitzvah 1 – One should try not to kill, not to murder. Do not murder.

Mitzvah 2 – Not to take ransom, and perhaps a murderer. Seemingly a mitzvah for the court. One has the option for the family – not to buy oneself out with money.

Mitzvah 3 – Do not have pity – not to have mercy on the murderer.

Mitzvah 4 – Do not stand by your fellow’s blood.

Mitzvah 5 – An accidental murderer – exile. Go into exile, and one should not take ransom for this.

Mitzvah 6 – He should not kill the murderer before standing before the court.

Mitzvah 7 – To save the pursued from the pursuer. Yes, they learned – both “do not stand by blood,” both “do not stand by immorality.” This is not only to save the pursuer, it also has a final matter.

Do Not Have Pity on the Pursuer – The Concept

What should be understood? Laws – what is one saying, you see there’s a pursuer? But he’s a Jew, has a Divine image? What does the Torah say? Do not have pity. Because “do not have pity on the pursuer” one understands that by having pity on the pursuer, you pursue the pursued. Because it says it differently than when for example earlier – “do not take ransom” means afterwards already. This is a mitzvah that one shouldn’t have pity on the pursuer, rather otherwise on the pursued.

It has the same thinking, because the next mitzvah is made seemingly for saving.

Both are similar. It’s interesting, because for example people say a lot the saying of our Sages “whoever has mercy on the cruel” etc. It’s actually a positive commandment, a negative commandment – and one may not have mercy on a pursuer.

Trolley Question and the Boundary

I mean “do not have pity on a pursuer” we’re talking about the trolley question – so should I kill differently this way, differently that way. And here is the boundary of that one with the good – everyone with the good has a Divine image.

No, but I mean it’s not specifically. It’s simple – I don’t want to, why do I need to get involved? Here’s a pursuer with a pursued, I’m a fine Jew, I stand on the side. Let me be a fine Jew, I stand on the side.

One needs to understand – this is not pity, this is fake pity. This is not love of creatures.

Do Not Stand by Your Fellow’s Blood

Right away the next mitzvah nearby is not to stand by blood. Standing by blood is more than the “fine Jew” – at least I mean it’s more such a case that he doesn’t want to make himself not take a step. Because if you mean that I need to look at the law?

Cities of Refuge

Afterwards there’s a positive commandment to make cities of refuge and prepare the way – yes, there should be signs and know where to go.

The Beheaded Calf

There’s a mitzvah of beheading a calf – because when one finds someone slain and it’s not known who struck him, one does the beheaded calf.

Mitzvah 10 – Is that the laws on that, that land where one made the “nachal eisan” (rough valley) – should not be worked and not be sown, that land.

Mitzvah 11 – Do not place blood in your house – he shouldn’t have in the house any dangerous things.

I mean that mitzvah 10 is not a prohibition on a person that he shouldn’t work it. “Lo ye’aved” (it shall not be worked) – this is not for people working, this will mean as the language of the verse stands.

What do you mean? One should pay attention to that area – that it shouldn’t be worked. The person forbidding that I need to say the points – “lo ye’aved,” not “lo ya’avid.” The language of sowing. It stands thus the language of the verse – it entered from this, they made vowel points.

Do Not Place Blood in Your House

That one shouldn’t make indeed with a blow – yes, that today having a dangerous thing in the home. For example – it’s very similar to having “ephah and ephah.” One may not have a vessel of robbery, one may not have a vessel of murder.

No, not a vessel of murder – it means that the guards one can interpret the guardian. Thus not making a blow is the opposite of this – for example or another type of things that are dangerous.

What does not having a gun mean, you say? Specifically if it’s in a manner that’s dangerous and one doesn’t lock it away, as our Sages say – it could be that yes, “do not place blood in your house.”

Mitzvah 14 – Not Making His Reason in a Matter

The Rambam in responsa for Job – he doesn’t say indeed any Job. Humble, what is regarding the matter – is he a reason and one doesn’t know.

Mitzvah 15 – Unloading

There’s a positive commandment of unloading – yes, if someone fell on the way on his animal, one should take it off, so it can go.

Mitzvah 16 – Loading

There’s a positive commandment that if it falls off, one should put it back on the animal.

Mitzvah 17 – Do Not Ignore

There’s a negative commandment that one shouldn’t abandon. What is the language of the verse on this? “Do not see your brother’s donkey… do not see and ignore” – this is the language. It’s an interesting language. And it states “he shall not leave it on the road fallen with its load and go away” – you shouldn’t pass by the person who stands there fallen with his load and go away, rather you should do unloading and loading.

It’s indeed a catch the language “fallen” – because it’s usually that he has many packages. It could be that he has altogether one package, just he’s lost. Many times he makes – ah, he can manage. If he’s a weak driver, he stands on the side of the road, one sees it’s just a bottleneck, he can drive. If he’s fallen – he’s fallen.

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Book of Acquisition

It comes out that altogether 36 mitzvos in the laws of damages – 16 positive and 20 negative. It’s already acquisition. Let’s see and learn which is acquisition.

Acquisition also has interesting laws on my mitzvos.

Overview of Book of Acquisition

Book of Acquisition – this is indeed all matters of acquisitions and similar things. In other words, what the Rambam said earlier was laws from the laws – but it’s laws that don’t begin with any punishment. I remember that there are judgments. Acquisition is – I don’t remember exactly.

The laws in the Book of Acquisition:

– Laws of Sales – how the law is

– Laws of Acquisition – if someone grants something to another

– Laws of Gifts

– Laws of Neighbors

– Laws of Agents and Partners – someone sends someone as an agent or someone has a partner

– Laws of Slaves

Perhaps it’s similar, because a partner is like an agent, and the agent…

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Laws of Sales

He says: “Included in them are five mitzvos – one positive commandment and four negative commandments, and this is their detail:”

Mitzvah 1 – The law of buying and selling. Because it states “when you acquire a sale” – that one should sell to Jews.

Mitzvah 2 – Not to overcharge in buying and selling – one shouldn’t deceive in buying and selling.

Verbal Wronging

And here it comes interestingly, that it doesn’t really fit so strongly into acquisition:

Mitzvah 3 – Not to wrong with words – one shouldn’t hurt people.

I think the example that Chazal give is indeed in a marketplace – one shouldn’t ask the seller questions as if intending to buy, when you’re not going to buy, and you cause him pain with this. It means bothering, it means just things. But perhaps in buying and selling it happens more often, or because people are more arrogant.

The main thing is because it’s written in the same verse. But you’re right that seemingly it should be in the Laws of Character Traits. I don’t know – the Rambam isn’t always perfect.

I don’t know if the holy Rambam wasn’t perfect. No, there’s a reasoning for both. Ona’ah is the second ona’ah – it belongs here. But seemingly you’re right that it belongs in Character Traits. But it’s true that I remember the example that’s commonly used for ona’ah is asking a seller if he’s about to sell something when you’re not about to buy. There’s such an example – I don’t remember if that’s the only example. I think Rashi says this there on “lo tonu ish et amito” (you shall not wrong one another). There’s such an example, but I don’t know if that’s the main example. I imagine not.

Ona’ah of a Righteous Convert

Mitzvah 4 – Not to wrong a righteous convert (ger tzedek) monetarily.

Mitzvah 5 – Not to wrong a righteous convert with words.

Just as we said that one may not wrong a proper person – making ona’ah with money and making ona’ah with words – there are two mitzvot that one should not make ona’ah on a righteous convert with money and with words.

Here the Rambam writes “righteous convert” because there are certain things that were said about a resident alien (ger toshav). A righteous convert means someone who has become a Jew.

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Laws of Acquisition and Gifts

These are three laws that are not mitzvot.

“The subject of these laws is to know the law of one who acquires from ownerless property – how does he acquire, with what does he acquire.”

A regular acquisition is between two people, and acquiring from ownerless property is a different type. The practical difference – not like a mitzvah.

“Acquires” doesn’t mean acquiring on behalf of another – rather what they mean by “acquires” is acquiring from ownerless property.

“And the law of one who gives a gift and one who receives” – yes, because acquiring on behalf of another is basically giving a gift.

“And which gift can be retracted and which cannot be retracted” – which gift can the giver ask back, and so forth.

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Laws of Neighbors

“The subject of these laws is to know the law of dividing land between partners.”

How partners – how two people bought a piece of land together, how can one divide the land? Unlike with money which is easier – you divide it half and half – but land… there are many laws about partners.

Yes, a piece of land can be that one part is a mountain, one part is a valley. Yes, you see these laws in tractate Bava Batra – partners.

Why is this called “Neighbors”? This is about partners. He writes “Neighbors.”

“And the details of distancing each one’s damages from his neighbor” – a person must distance his damages from his neighbor.

“And the law of the adjacent property owner” – the one who lives at his boundary. “Metzer” means boundary. And the law of the adjacent property owner means the laws of the adjacent property owner, or other laws between neighbors – damage through sight and so forth.

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Laws of Agents and Partners

Also has no mitzvot.

“The subject of these laws is to know the law of a person’s agent and his partner, and their laws regarding buying and selling.”

With this it’s relevant for an agent – what happens when a partner buys and he also buys it on behalf of the other partner? Is this a matter of agency like…

And also regarding loss and merchandise – when one partner or an agent causes a loss, how much can the sender shake off, and the partner can shake off from it, and so forth.

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Laws of Slaves

This already has mitzvot – thirteen mitzvot. Five positive commandments and eight negative commandments, and these are their details:

Mitzvah 1 – The law of acquiring a Hebrew slave. This week’s parsha – how one acquires a Hebrew slave. I mean, a few of these are in this week’s parsha, Parshat Mishpatim.

Mitzvah 2 – That he should not be sold like a slave sale – that one shouldn’t sell him in the manner that Canaanite slaves are sold, through a slave market, in a degrading manner.

Mitzvah 3 – That he should not be worked with rigor – one shouldn’t make him work…

The Laws of Slaves already has thirteen mitzvot – five positive commandments and eight negative commandments, and these are their details.

Mitzvah 1: The law of acquiring a Hebrew slave – this week’s parsha. And the law of selling a Hebrew slave. I mean, a few of these are in this week’s parsha, Parshat Mishpatim.

Mitzvah 2: That he should not be sold like a slave sale – one shouldn’t sell him in the manner that Canaanite slaves are sold, through a slave market in a degrading manner.

Mitzvah 3: That he should not be worked with rigor – one shouldn’t make him work in a degrading manner. Even if he asked him to do hard work, the thing that isn’t necessary.

Mitzvah 4: And the fourth is not only about a slave, but also a resident alien – one shouldn’t let a resident alien buy a Hebrew slave. I mean basically that a non-Jew has a Jew, but resident alien is more common, because someone who lives in the Land of Israel and takes a Jewish slave – yes, you tell him. Outside the Land of Israel you don’t have the power to force the non-Jew.

That we should not allow a resident alien to work him with rigor – that the court or whoever has influence shouldn’t allow a resident alien to make a Jew work hard, a Hebrew slave.

Mitzvah 5: That we should not work him with slave labor – I mean, the Rambam says one shouldn’t make him work degrading jobs.

Mitzvah 6: To give him gifts when he goes free – when he finishes his six years, or when he goes out, one should give him gifts. And there’s also a negative commandment – that he should not go out empty-handed.

And similarly by the mitzvah of appearing at the Temple it was also said that one should go up and not come empty-handed.

Connection Between Giving Gifts to a Slave and the Temple

To redeem a Hebrew maidservant – this is very interesting what you’re saying, because there’s another connection from what you said. The giving gifts to a slave is a lordship. In the book of Deuteronomy it says the phrase “that He will choose” – that “in the place that He will choose” is said many times about the Temple. There’s one more time where the phrase “in the place that He will choose” appears – about the slave who escaped it says “with you he shall dwell in your midst in the place that he will choose that is good for him, you shall not wrong him.” We see that a slave who goes out is something of an aspect, as you say the same thing here – “he shall not appear empty-handed.”

Mitzvot of the Hebrew Maidservant

To redeem a Hebrew maidservant – one should redeem a Hebrew maidservant.

And to designate her – one should marry her.

That she should not be sold – if one doesn’t designate her, one shouldn’t sell her.

Canaanite Slave

To work a Canaanite slave forever – that a Canaanite slave one shouldn’t free, unless his master damaged one of his limbs. If the master was cruel to him, he damaged him in one of his limbs, then he must go free.

Mitzvah 12: Not to return a slave who escaped from outside the Land to the Land of Israel – a slave, we’re talking here even about a Canaanite slave, who escaped from outside the Land to the Land of Israel – one should take him in, one shouldn’t be cruel to immigrants.

Mitzvah 13: Not to wrong this slave – one shouldn’t further investigate, one shouldn’t torment the slave. He’s a poor thing…

But earlier “from where did you come” he said about a righteous convert, about a Jew. Here we have even a non-Jew, if he’s in the status of a slave of Israel. He did also become a Jew, because he’s a Canaanite slave who went free, but he’s still a weaker type, who almost doesn’t belong as a Jew. He’s just a poor person for whom there’s a responsibility on the Jew to support him.

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Book of Laws (Book 4)

Book 4 is eighteen positive commandments and sixty-one negative commandments.

Laws Without Mitzvot

In this book there’s an interesting thing – there were three groups of laws that didn’t have any mitzvah: Laws of Acquisition and Gifts, Laws of Neighbors, and Laws of Agents and Partners. And there they had other notes – they had “the subject of these laws is to know.”

Sometimes what came before was in the Book of Purity – there was a book of Laws of Vessels, and there it says “the subject of these laws is to know which vessels become impure and pure.” In total we had four laws that didn’t have any mitzvot.

Here you have a few laws that only have rabbinic mitzvot, like Chanukah and Purim, eruvin. But there it doesn’t say “to know,” there it says that there are rabbinic mitzvot.

Order of the Laws of Judgments

The sixth book is Judgments, except for Injury and Damage. So this is the order of the five categories of the Laws of Judgments.

Perhaps he means to say that one shouldn’t change the order? The whole time the “and this is their order” – does he mean to say first Laws of Hiring, then Laws of etc.? Or this is the order in which I wrote it?

I mean, the words “and this is their order” is an instruction for the copyist – copy it over in the correct order. I don’t know. He perhaps says for the one who copies, if he doesn’t know what comes first, he should look here. Is this instructions for the printer?

No, the Rambam in one place says why he writes numbers many times – this way someone who copies can check if he copied correctly. Sometimes people used to copy from one another.

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Laws of Hiring

The Laws of Hiring, the Rambam says, has seven mitzvot – three positive and four negative.

Mitzvah 1: The law of a hired worker – when someone hires someone, or he hires someone to watch over something. He hires someone to work on his field, or he hires someone to watch over something of his – this is called a paid guardian.

Paid guardian – this is how they say it in cheder. How do they say it in cheder? Shomer sachar? No, they say shomer socher. It’s like this, the rebbe doesn’t call it from socher… I never thought about it, but most non-Chassidic cheders say shomer socher.

Mitzvah 2: “On his day you shall give his wages” – when one has a hired worker, and when one has a person who is hired, one should give him the payment. One should give him “on his day you shall give his wages” – the proper mitzvah is the mitzvah of “on his day you shall give his wages,” that when one takes a worker one must pay him that day.

And the negative commandment of this is that one shouldn’t delay the wages of a hired worker past its time.

Story with Reb Zalman and the Arizal

He brings here the story with Reb Zalman – that some Jew was sitting with him, and he looks at his watch and starts running: “Oh, the time has already arrived!” He asked: “Has the Rebbe already davened Mincha?” “Yes, yes, the Rebbe had a worker here.” This is how one must act – it’s a Torah obligation, it’s more stringent than Mincha.

The holy Arizal, it says in Shaar HaMitzvot that sometimes he would delay Mincha because of this. He had a business, the Arizal used to run a business, and sometimes he needed to pay his worker.

The Chacham Tzvi says: He could even delay Mincha because he didn’t have money, and he went to borrow money to be able to pay his worker that day.

And the Arizal says that whoever wants to merit the lights of Shabbat, must fulfill his segulah, and should fulfill this mitzvah.

Mitzvot of a Hired Worker Eating

Mitzvah 4: That the hired worker may eat from what is attached during work – when a person has a hired worker and he works with attached produce, he works in the field, he may eat from it while he works.

And the negative commandment from this is that the hired worker may only eat from the attached produce during work time, but not during work time he may not. And by us, if yes, it’s seemingly theft, a proper theft. But there’s an extra negative commandment that he shouldn’t think that because he works there it’s his.

Mitzvah 5: That the hired worker should not eat with his hand more than what he eats – that he may indeed eat while he works, but it doesn’t mean he may fill his pockets.

Mitzvah 6: Not to muzzle an ox while it threshes – also when an ox works on his field, it does threshing, it cleans the grains from the produce, one shouldn’t stop up its mouth, because it’s cruelty to animals.

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Laws of Borrowing and Deposits

The Laws of Borrowing and Deposits has two positive commandments – which are a borrower and an unpaid guardian. A borrower is a borrower, and an unpaid guardian is a deposit.

Borrowing means a loan, and many times with a loan one makes a deposit – one gives him an extra deposit.

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Laws of Lender and Borrower

The Laws of Lender and Borrower is twelve mitzvot – many mitzvot about lender and borrower, it’s a very common matter – four positive and eight negative.

Mitzvah 1: First there’s a positive commandment to lend to the poor of Israel, a poor and destitute person. What is a poor person and a destitute person? I don’t know. You can go to the Shulchan Aruch to see – he’s poor, two days later he’s destitute. There’s a level. Perhaps one doesn’t have money, and one thinks he doesn’t have money.

Mitzvah 2: And not to press his fellow – one shouldn’t torment him to pay the debt, if one knows he doesn’t have. It’s a simple mitzvah.

Perhaps this means one shouldn’t take interest? No, soon we’ll see extra. But “not to press his fellow” means one shouldn’t demand the debt.

The Gaon says we’re talking here about the borrower. It could be that it’s in the category of encamped populations. The Rambam specifically didn’t enumerate the borrower’s encampments – they didn’t give a gift, the borrower’s encampments don’t have mercy on this like the seed. Yes, he brings it, he does bring the law, but inside the work he’s not a… not always in the introduction does it have all the laws of the mitzvah, it’s just notes.

Mitzvot of Collateral

Mitzvah 4: One shouldn’t take collateral by force. We learn this is the meaning of the verse “outside you shall stand.”

Mitzvah 5: One should return the collateral when he needs it – these are the daily procedures.

Mitzvah 6: Not to delay collateral from its poor owner when he needs it – this means there’s another positive commandment, it’s a positive commandment.

Mitzvah 7: Not to take a garment from a widow – this means not taking the garment from a widow. In general, from a widow one doesn’t take collateral.

It’s the term “chovel” – chovel earlier we saw that chovel means one injures his body. It could be that anything you do to a widow you’re hitting her. No, “lo tachbol” – chovel seems to have two meanings, it means taking collateral.

Mitzvah 8: “Not to take as collateral vessels that are for food preparation” – vessels that are used for food preparation one shouldn’t take away, because he won’t be able to work now. It’s a negative commandment.

Mitzvot of Interest

Mitzvah 9 and 10: Two negative commandments about interest – one is the lender shouldn’t give with interest, one is the borrower shouldn’t borrow with interest. As everyone knows, one may not take and one may not give interest – both.

Mitzvah 11: That one shouldn’t help someone who lends with interest or a borrower – “that there should be no business between them, before a blind person don’t place a stumbling block, don’t cause your brother to pay interest” – not a guarantor, to be a text not the verse that he brings on this. Not only that you shouldn’t do cash advances, but also you shouldn’t have a business that gives advice for cash advance business people.

Mitzvah 12: “To a non-Jew you may charge interest” – because to a non-Jew it’s actually a mitzvah to borrow or to lend him with interest. To borrow you don’t need a mitzvah, but to lend him with interest is a mitzvah – it’s just good.

Laws of Interest, Claims and Counterclaims, Inheritances, Sanhedrin, Testimony, and Rebels

Prohibition of Interest – Helping a Lender or Borrower

Mitzvah 14 is one shouldn’t help someone who lends with interest or a borrower – “that one shouldn’t deal with them and shouldn’t testify between them and shouldn’t write a document and shouldn’t be a guarantor.” There’s another verse that’s brought on this. Not only is it a question of not having a business that gives advice for cash advance business people.

By a non-Jew it’s actually a mitzvah to borrow or to lend with interest. To borrow doesn’t need a mitzvah, but to lend him with interest is a mitzvah – “to a non-Jew you may charge interest.”

Laws of Claims and Counterclaims

The Laws of Claims and Counterclaims – it’s a mitzvah. This is the law of claims and counterclaims: “partial admission,” “everything according to the compromise,” “one who cuts off the ear of a donkey,” “one witness shall stand against two.” In short, there it discusses the matter of an oath with “partial admission.”

Laws of Inheritances

The Laws of Inheritances has one positive commandment – like the law of inheritances. The whole portion there in Parshat Matot where it says “and it shall be for the Children of Israel as a statute of judgment” – it’s one mitzvah. One can divide it into twenty, “if he has no son”… The entire large chapter called “There are those who inherit and bequeath” – all one mitzvah.

Bava Batra – The Wisdom of the Sages

It takes an entire tractate, it doesn’t have a single mitzvah. It’s interesting, by Bava Metzia it says “one who wants to become wise should engage in monetary laws” – this is pure psychology, logical reasoning. Why does the Gemara have there “one who wants to become wise in Torah”? There’s no verse, there’s no labor. There in the Laws of Acquisitions there are about three laws, it doesn’t have a single verse, it doesn’t have a single mitzvah, because this is all the wisdom of the Sages. It’s not Hashem like it says the Laws of Partners in the Torah – it doesn’t exist.

Bava Kamma is built on verses, but Bava Batra is almost not built on verses at all, because it’s all open to the negotiation between the two people.

The Gemara wants to make more order. One needs to understand on their own a bit – a mitzvah only needs to be written when one doesn’t understand.

Seder Mishpatim – Summary

In Sefer Mishpatim there are twenty-three mitzvos – eleven positive commandments (mitzvos aseh) and twelve negative commandments (mitzvos lo sa’aseh).

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Sefer Shoftim

All the mitzvos are relevant to the laws of Sanhedrin and also for one who is excommunicated. There are five sections in Hilchos Edus (Laws of Testimony), five sections in Hilchos Sanhedrin v’Onshim HaMesurin Lahem – this refers to the punishments of Sanhedrin, how one establishes a Sanhedrin, the laws of punishments that Sanhedrin administers. Hilchos Edus, and Hilchos Mamrim – this means a rebellious elder (zaken mamrei) and other laws that we will learn over time. Hilchos Avel (Laws of Mourning) comes in here somehow, the laws of mourning, and Hilchos Melachim u’Milchamoseihem (Laws of Kings and Their Wars).

Hilchos Edus – General Principles

Hilchos Edus is very connected in our minds with claims and counterclaims, but that’s not necessarily so, because testimony also applies to sanctification of the new month (kiddush hachodesh) – it’s relevant to beis din, how beis din deals with testimony. There are certain principles that one witness is not believed, and that testimony is not specifically only in monetary matters.

Hilchos Sanhedrin v’Onshim HaMesurin Lahem – Thirty Mitzvos

Hilchos Sanhedrin v’Onshim HaMesurin Lahem has thirty mitzvos – ten positive commandments and twenty negative commandments.

The Mitzvah to Appoint Judges

There is a mitzvah to appoint judges. There is a negative commandment not to appoint a judge who judges alone in judgment – even if he is a great scholar but he doesn’t know the halachah.

A small point: A person can have their case judged, taking “upon me your father and my father,” but this only means on a temporary basis – but you cannot appoint him as a permanent judge in the city.

Following the Majority

Mitzvah 3 is “acharei rabim l’hatos” (follow the majority) – if there is a disagreement among judges, one follows the majority. Usually a small majority is sufficient – two against one, or twelve against eleven. But regarding capital punishment, one cannot go by just one person.

Not to Reverse One’s Position

“Shelo yalin chovah mi shelimeid zechus” (one who argued for acquittal should not reverse) – someone who has already argued for acquittal in capital cases, on someone who is being judged for death, that person cannot retract and begin arguing for guilt. Interesting. All these matters are capital cases.

The Four Death Penalties of Beis Din

Then there are the four death penalties: stoning (sekilah), burning (sereifah), decapitation (hereg), strangulation (chenek), and hanging (teliyah) – which is when there is an obligation to hang which is separate from the execution. These are all positive commandments.

Burial

There is also a positive commandment to bury the executed person – “kavor tikberenu” (you shall surely bury him). The principle is that one who was not executed should be buried, this is a positive commandment. Burial is a positive commandment, it’s an obligation. This is stated regarding the executed person, but there is also a mitzvah for every Jew. When one goes to a funeral and places the dirt there, one fulfills this mitzvah.

Do Not Leave the Body Overnight

“Lo salin nivlaso” (do not leave his body overnight) – there is a negative commandment not to leave the body overnight there on the tree.

Do Not Allow a Sorcerer to Live

Then there is a negative commandment of “lo sechayu mechashef” (do not allow a sorcerer to live). Interesting – the simple meaning is that a sorcerer has a special negative commandment that one should not let him live. This means one should simply kill him.

Lashes

There is a positive commandment to give lashes to a wicked person – meaning one who is liable for lashes. There is a negative commandment not to give too many lashes.

Not to Execute an Innocent Person Based on Circumstantial Evidence

“Lo laharog naki b’umdan hada’as” (not to execute an innocent person based on estimation) – very important. Even if one sees and thinks that it’s probably that the other person killed, one must go with actual witnesses.

Not to Punish One Who Was Forced

Mitzvah 14 is not to punish one who was forced – someone who was forced to do something, one should not punish him for that matter.

Not to Have Pity on a Killer

Mitzvah 18 is “lo sachos al horeg chaveiro o chovel bo” (do not have pity on one who kills his fellow or injures him) – another one of the laws and mitzvos. One who is a killer or one who injures, one should not “lo sachos einecha” (let your eye have pity).

Justice in Judgment

Then there are matters of justice – one should go straight with integrity, not with ulterior calculations.

Not to Have Mercy on a Poor Person

There is a mitzvah not to have mercy on a poor man.

Not to Honor a Great Person in Judgment

“Lo l’hader gadol badin” (not to honor a great person in judgment) – this is simply built on the language of the verses. There it says “ki sir’eh” (when you see), there it says “lo sechachashu” (do not deny).

Do Not Favor the Poor in His Dispute

And here there is the negative commandment of “v’dal lo sehadar b’rivo” (do not favor the poor in his dispute).

One has here three ways how the beis din should not pervert judgment:

1. Having mercy because he is a poor man

2. The opposite – because he is an important person one wants to rule in his favor

3. He is anyway a wicked person, let him already get beaten, let him already have to pay

Do Not Pervert Judgment

Then there is a general negative commandment of “lo sateh mishpat” (do not pervert judgment).

Convert and Orphan

Then there are people who are unfortunately vulnerable – like a convert, orphan – there is also a prohibition.

Interesting – one doesn’t say regarding judgment concerning an orphan also the opposite, that one shouldn’t have mercy. This is already included in the “v’dal” (poor person). A convert and an orphan, perhaps also a poor person.

Judge Your Fellow with Righteousness

Then there is also the general positive commandment of “b’tzedek tishpot amisecha” (judge your fellow with righteousness) – this is seemingly the opposite of “lo sa’asu avel bamishpat” (do not commit injustice in judgment).

Not to Fear a Powerful Person in Judgment

“Shelo lira badin me’ish zero’a” (not to fear a powerful person in judgment) is also very similar to “shelo l’hader gadol badin” (not to honor a great person in judgment). But this is different: “gadol” (great) means one does it as respect, and this one does out of fear. He is a fine Jew. There one does it as respect, and here one does it out of fear. Or one has more benefit from him – that’s a distinction.

Not to Take a Bribe

“Shelo likach shochad” (not to take a bribe) – one should not take a bribe. Trying is not fulfilling – one should not take a bribe.

Not to Accept a False Report

Then there is “shelo lisa shema shav” (not to accept a false report) – this means one should not hear lashon hara (evil speech), or false testimony, not only lashon hara.

Not to Curse

There are three things here. When a person has lost in a Torah court case, he now goes to curse. One should not curse neither the judge, nor the nasi (leader). What does the nasi mean? Perhaps the king who appointed the judge. The nasi is the nasi – it could be the head of the Sanhedrin. And a regular Jew, a kosher Jew, one should not curse.

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Hilchos Edus – Eight Mitzvos

Hilchos Edus has eight mitzvos – three positive commandments and five negative commandments.

Positive Commandment to Testify

There is a positive commandment when there is testimony that one should come to beis din to testify.

Investigate and Inquire Thoroughly

There is a positive commandment for the beis din “v’darashta v’chakarta v’sha’alta heiteiv” (and you shall investigate and inquire and ask thoroughly) – to thoroughly examine the witnesses.

A Witness Cannot Become a Judge

There is a negative commandment that a witness should not rule – he is a witness in this case that he testified in capital cases – meaning in capital cases, a witness cannot become a judge.

Only the Almighty is “yodei’a v’eid” (Knower and Witness). There’s a question – does the Almighty have to follow the entire Torah? Is it a Torah-based parameter? Perhaps the Almighty… therefore it says, there is a contradiction, I once spoke about this – there is a dispute among Tannaim. Because in another place it explicitly says “v’nirdemu” – that the Almighty assists, it says in the Midrash that the Almighty assists the heavenly court, why? So that they shouldn’t be able to rule for guilt.

It also says in the Mishnah “al tadin yechidi she’ein dan yechidi ela echad” (do not judge alone for none judges alone except One) – implying He may indeed. What does it mean He may? A measure of wisdom against the Torah? Because He is “echad v’ein mispar” (One and without number) – it’s a different kind of “one.” This is what we learn in Sefer HaMada – “echad v’ein mispar.”

A Matter Should Not Be Established by One Witness

“Shelo yakum davar b’eidus echad” (a matter should not be established by one witness) – one cannot establish anything with one witness.

Disqualified from Testimony

Mitzvah 8 is that a transgressor should not testify – this is disqualification from testimony.

Relative

Mitzvah 9 is that a relative should not testify.

False Testimony

Mitzvah 10 is that one should not give false testimony – also in the Ten Commandments there is the proper thing, one should not give false testimony.

Plotting Witnesses

Mitzvah 11 is that one should do to plotting witnesses (eidim zomemim) what they intended to do – this is the law of plotting witnesses.

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Hilchos Mamrim – Three Positive, Six Negative Commandments

Do Not Deviate from the Matter

Then there is “lo sasur min hadavar” (do not deviate from the matter). One positive commandment is that one should act according to the Torah that the Great Beis Din will say – a positive commandment. And corresponding to this there is a negative commandment “lo sasur min hadavar.”

Do Not Add and Do Not Subtract

Then there is a negative commandment which is seemingly for the beis din – that one should not add to the Torah, neither written commandments nor those explicitly by Divine word, one should not add to the Torah. Then there is another negative commandment “shelo ligro’a” (not to subtract).

For whom is this mitzvah? For the beis din – that when the beis din makes decrees and enactments, they should not say that they are adding to the Torah, as the Ramban explained.

Respect for Authority

Then there are more matters of authority that one must respect. “Mamrim” means a language of rebelling – “sorer u’moreh” (wayward and rebellious), rebelling against that which one must honor.

Not to Curse Father and Mother

Then – not to curse father and mother. There is a list of people that one must respect – one should not curse a father and mother. The negation of cursing a judge he placed earlier – earlier there was already a list of three: not to curse a judge, a nasi, and a Torah scholar.

Everyone has a connection with beis din.

Hilchos Mamrim – Honoring Father and Mother

Not to curse father and mother – here there is a list of people that one must respect. One should not curse a father and mother.

Not to curse a judge he placed earlier. Earlier there was already a list of three people that one should not curse: a judge, a nasi, and a deaf person. There is a fourth, the father and mother, which he placed here.

Striking father and mother he also placed here in Hilchos Mamrim – not to strike father and mother, and to honor father and mother, and to fear father and mother.

There are four mitzvos which are basically in the category of honoring father and mother, and this he places in Hilchos Mamrim, because the “mamrim” is the beis din and also the father and mother. Very important – people think that the father and mother is not important, or the beis din is not important, both are important.

The Wayward and Rebellious Son

Then there is also the prohibition that one should not be a “ben sorer u’moreh” (wayward and rebellious son) against the voice of his father and mother.

It’s interesting, here the Rambam changed – he didn’t place the prohibition of gluttony and drunkenness (zolel v’sovei), he placed a general prohibition without a father and mother in the picture. Here is an extra thing of not being insolent, of not being “sorer u’moreh” against the voice of his father and mother.

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Hilchos Avel

Then there are the laws of mourning (Hilchos Avel), which has four mitzvos – one positive and three negative.

The positive commandment – to mourn for close relatives, even a kohen mourns for his relatives, meaning a regular kohen (kohen hedyot), not a kohen gadol (High Priest).

For one person one mourns for those executed by beis din. I saw in the index on Hilchos Avel here, that we did have the mitzvah of burial on the day of death, and only for those executed by beis din one does not mourn.

But practically this means every time a Jew dies, it is so – when it’s someone executed by beis din one rejoices a bit that thank God my relative was not such a severe sinner, that one cannot even mourn for him.

Rav Chaim Brisker’s Story

From here there is a proof to the contrary from the story I told you about Rav Chaim Brisker, because he says here that the reason is not about what belongs to beis din, but rather because it just happens to be so. One must say that that story was more in the realm of psychology than in the realm of halachah.

Impurity of Kohanim

A kohen gadol should not become impure for relatives – this is the opposite of a regular kohen who must.

Every Jew, not only a kohen gadol, all the more so from a kohen gadol – every Jew must become impure, in other words, he must go to funerals, he must become impure. A kohen gadol may not, there is a prohibition that a kohen gadol should become impure to any deceased person in the world, he has an extra negative commandment, extra impurity. And a regular kohen also has a negative commandment that he should become impure for somewhat not his relative, only for relatives.

A regular Jew must indeed. No one should think that for a regular Jew it’s a mitzvah to go to a funeral, to become impure to a funeral – this is a mitzvah from the mitzvos, it’s actually a great mitzvah.

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Hilchos Melachim u’Milchamoseihem

Hilchos Melachim u’Milchamoseihem (Laws of Kings and Their Wars) has 23 mitzvos – 10 positive and 13 negative.

Appointing the King

Mitzvah 1 – To appoint a king in Israel – to appoint a king, just as we already had earlier that one should appoint a judge.

Not to appoint from a congregation of converts – the king that one appoints. For a judge there is no prohibition that one shouldn’t take from converts, only for a king. There seemingly is because “every leader in Israel,” yes, but they were leaders of the Sanhedrin.

He should not have too many wives – the king should not have too many wives.

He should not have too many horses.

He should not have too much silver and gold – not to have too much.

Wars with the Seven Nations and Amalek

To destroy – that the king or the leader of the Jews should destroy the seven nations. To destroy is a nice expression for killing. “Machrim” doesn’t mean to excommunicate, it means to destroy.

Not to leave alive any soul from them – this is a negative and positive commandment on the same matter.

Mitzvah 8 – To wipe out the seed of Amalek.

Mitzvah 9 – that one should always remember what he did to us so that we should want to wipe out his seed.

Mitzvah 10 – Not to forget the deed of Amalek that he did on the way – that they came on the way, that it was already chutzpah. This was “orev baderech” (ambush on the way).

Prohibition of Dwelling in Egypt

Mitzvah 11 – Not to dwell – one should not dwell in the land of Egypt, and this is connected with “he should not have too many horses,” one should not multiply horses in order not to go to the land of Egypt.

Laws of War

Mitzvah 12 – that when a king goes out to war, an optional war (milchemes hareshus), the Rambam says that one should first send peace to the inhabitants of the city when besieging it, when one surrounds them, when one blockades them, “v’ladun bah” – then in the peace proposals, one should deal with them, as it says in the Torah “im tashlim” (if it makes peace) and “im lo sashlim” (if it does not make peace).

What does “v’ladun bah” mean? I thought that “v’ladun bah” means like all the “ladun” of all the mitzvos – one will conduct the laws here, a whole order about peace here, when “lo sashlim,” he will do the whole thing. I saw someone says it means to send peace, and if they sent, if the people first sent a peace, one should judge regarding the peace. I think that my interpretation is better – because in the Rambam’s language one doesn’t say “ladun” to judge oneself, it means more like the law of the mitzvah with all its details.

Mitzvah 13 – Not to seek peace with Ammon and Moav specifically – this is other inhabitants of cities of the Land of Israel, but Ammon and Moav have an additional negative commandment. If one goes to war with Ammon and Moav for whatever reasons, one should not begin with peace.

Mitzvah 14 – when one goes to war, one destroys, but fruit trees one should not destroy during a siege when one surrounds the city.

Mitzvah 15 – To prepare a place – that the one who goes out to war should go out there to relieve himself outside the camp. One who goes to war, in the war camp, one should make a special place where one goes out.

Mitzvah 16 – To prepare a spade to dig with – to cover up after going out.

Mitzvah 17 – one should appoint a kohen anointed for war (kohen mashuach milchamah), that he should be the one who speaks in the ears of the soldiers at the time of war.

Exemptions from War

Mitzvah 18 – that a person who has recently married, or has built a new building, or planted a new vineyard, should not go to war, but should be at home and should rejoice with their new acquisition – their new wife or building or vineyard – a whole year, and for this purpose they are brought back from war.

Mitzvah 19 – that the above-mentioned person, a person who has a new wife or something, should not only not go to war, but no other matter of the city’s needs – “shelo ya’avor alav davar” (no matter should pass upon him).

What is the meaning of “davar”? “Lo ya’avor alav davar” means “no matter of a loan should pass upon him.” But “v’lo yeitzei” means that he should not go out also not for the city’s needs or for the troop’s needs and similar matters. “The troop’s needs” perhaps means that he doesn’t go to war, but he also doesn’t help – the “jobnik,” the one who is occupied with sitting on… he doesn’t sit on that either.

Mitzvah 20 – Not to fear – that one should not become broken and flee from the war, “v’lo yachzor achor b’sha’as milchamah” (and not turn back at the time of war).

The Beautiful Captive Woman

Mitzvah 21 – The law of the beautiful captive woman (yefas to’ar) – that when a person finds a beautiful captive woman in war, how one deals with her.

Mitzvah 22 – that the beautiful captive woman, if one does not marry her, one should not sell her, and also one should not keep her as a slave – this is “achar asher inisah” (after you have afflicted her).

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Summary

It comes out that in the entire Sefer Shoftim there are seventy-four mitzvos – twenty-seven positive commandments (mitzvos aseh) and forty-seven negative commandments (mitzvos lo sa’aseh).

It comes out that in all fourteen seforim there are eighty-three halachos, and 613 mitzvos (taryag mitzvos).

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Introduction to the Explanation of the Halachos

Here he gives a simple introduction:

> “And now we will begin to explain the halachos of each and every mitzvah and all the laws that are connected with it”

He says that he’s not only going to say exactly what he wrote here, but many times there comes “incidentally” other important things from Chazal. Why? Because this is simply true.

This concludes the introductions of the Rambam.