Halakhah zu Wajikra 26:78

The Ramban, in his commentary to Vayikra (26:16), states that the destruction describes there refers to destruction of the First Temple, and the similar destruction described in Devarim (Chapter 28) alludes to the destruction of the Second Temple. Rav Hershel Schachter (Be'ikvei Hatzon 32:15-16) understands that according to the Ramban, no destruction will occur in Israel subsequent to the destruction of the Second Temple. Rav Schachter notes that the Ramban, in his description of the Second Temple's destruction, focuses on the destruction of the Jewish government, and not on the destruction of the Temple itself. Since what happened then is never supposed to repeat itself, Rav Schachter suggests that the redemption becomes irreversible once a sovereign Jewish state has been established in Eretz Yisrael.

And [maybe] one would ask, "What is the matter that God gave such a precious Torah to people? Does not God have everything, and there is no measure to His elevation and to His glory? And there is no addition to His glory from the knowing of men of the power of His deeds; as there can be no addition or subtraction to complete glory and majesty on account of something [else]. The answer to this is obvious: That the mind of people does not grasp the ways of his Creator to know what is the reason for His deeds; as higher are 'His ways than our ways and His thoughts than our thoughts.' And even though the reason for the thing is not revealed to us, we should believe that the Father of wisdoms, the Master of all, does everything that He does for a purpose and for a positive matter. And nonetheless it is possible for us to find a little reason and to say that people's knowledge of the ways of God is necessitated by His loftiness, may He be blessed. As since it came up in His thought in front of Him to create the world, it is fitting that it be with complete perfection - since all of the acts of the Perfect One are perfect. And this is the truth, since Blessed be He was perfect in everything, as nothing is lacking from Him, such that a man could say, "Why did He not do this in His world?" As he knows His advantage over him in wisdom. As behold, He created separated intellects in His world - and they are the angels. And He also created intellects in permanent bodies - and they are the heavens and all of their hosts. And He created physical bodies without any intellect at all in the world - and they are the beasts and the birds and the other species that are similar to them. And he also created physical creatures with intellect - and that is the human species - to make known that that nothing is prevented from Him (He can do anything). As even though the physical and the intellect are complete opposites, He mixed them together in the greatness of His wisdom and made man with them. And if so, it was nonetheless necessary that this intellect mixed with the physical - and that is man - know his Creator and recognize Him, so as to fulfill the intention of his creation. And if it were not for the Torah that He gave him, the intellect would be completely drawn to the physical in all of its desires, and he would be 'compared in similarity to beasts.' And as such, the work would not be perfected, since the body of a man and the body of a beast would be one in the matter - even if they are not one in their form - and it would come out that there is a lack in the creation. And it comes out according to our words that the giving of the Torah to educate the hearts of men is necessitated for the perfection of the designs. And [perhaps] one might ask further, "Since it is the perfection of the designs, why was it given to one people from the peoples of the world, and not to all of them?" In this also would it be an obvious answer to respond that the intellect of the one designed will not grasp the intention of his Designer. But nonetheless with this too is it possible to find a little reason according to the way of the world: Is it not known that in all the things of the world, the chaff is greater than the core? And even in the core, there is a part of it that is more select in it than the whole. It is as if you would say most of the land in the world is not prime, but rather only its minority. But even in the prime, part of it is the prime of the prime. And so is the matter also with the fruits of the world and with types of beasts and fowl. And, if so, also with the human species shall the thing be like this, to make it similar to the lowly world. Since it shares some of itself with it - as it has a finite body like them - it is no wonder about the thing. And so one part of the human species was chosen - and that is Israel, and it is the 'smallest from all the nations.' And blessed is God who knows that they are the choicest of the human species and chose them to be called His people and gave them all the main parts of wisdom. However even with the rest of the human species, He gave them a way to distinguish themselves from beasts - and that is the seven commandments that all the people of the world were commanded as a whole, as we shall write about each one of them, with God's help. And also with the people of Israel itself - part of them are more choice, and that is the tribe of Levi, which was chosen for His permanent service. And so [too,] is the thing with planet Earth, that there is a part of it that is choicest from all of it and God knew that the choicest in it is the Land of Israel. And [so] His will was to settle the choicest of the Human species in it. Also in it, the best in it was Jerusalem. And so it was chosen to be the dwelling of the Torah and place of his Service. And from it is the entire planet of the earth blessed, as God commanded blessing to be there. And perhaps one would ask further - since I said that the essence of all, and the chosen portion, is the people of Israel - how is the thing that they always suffer exile and troubles? And the answer is that it is well-known and famous among the people of the world that the Master of all created two worlds - the world of bodies and the world of souls. And the world of bodies is considered like nothing and emptiness in contrast to the world of souls. As this one is like a passing shadow, whereas that one remains forever and ever. And the body serves as a vessel for the soul for a short time, and afterwards it decomposes and becomes vile. [Accordingly,] God bequeathed to His people the world of souls, which is the eternal world and the enjoyment of which has no measure. And perhaps one who asks would ask further, "And why did God not give to His people, that He chose, two portions of enjoyment - the world of bodies and the world of souls?" The answer is that it is well-known to every intelligent person that it is impossible for a physical being to be in the world without sinning. And among the fixed traits forever and ever of God, blessed be He, is the trait of justice; and it obligates every intelligent person to go in the way of the intellect and to be liable when he veers [from it]. And once the trait of justice has made him liable, it is impossible for him to be exempted without any [punishment]; since he left the court of the trait of justice [with a] guilty [verdict]. And hence it is from the kindnesses of God to us that He placed our share to have sin purged from us in this finite world, [so that] our souls be clean and survive to the world of souls; as one hour there is better than all of the life in this world. However we should believe that a time will come that we will merit the two portions, and that is the days of the messiah. And the reason is that in those days, we will not need the purging of the bodies at all, since the evil impulse will be nullified from us; as it is written (Ezekiel 36:26), "and I will remove the heart of stone, etc." And also if a little dross of sin remains at that time, it will fall on the goat (sacrificed scapegoat), as at the beginning. And this is what is written in the Torah (Leviticus 26:4), "If you will go in My ways," I will bequeath the good of this world to you - meaning to say, if you will be whole and not require purging of the body, you will also merit the good of this world. And that is what is written about our father, Avraham - peace be upon him - that God blessed him, even with the good of this world. As he did not need purging of the body at all at that time. And after this, there is no [cause] to wonder about the pain of Israel in the exiles more than all of the nations; as it is all for their good and for their glory. And you who asks - place your eyes and your heart to this as it is a big thing that all of the evildoers will not understand, but the intelligent will understand. As many of of the Jews are destitute from the many great troubles that follow [one another against] them in the exiles and they do not know nor understand the good of the world of souls - their 'feet almost strayed' from the many worries, and 'their hearts were not constant with them' from the many ruminations. May God, in His kindnesses, remove thoughts of wickedness and impart upon us proper intellect and correct opinions to fulfill His desire - amen, may He do so. And he may ask further, "Since you said that the essence of all is the world of the souls and the final reward of commandments is in it, why did the Torah not mention it and state, 'When you do My commandments, I will bequeath you the world to come.'" The answer is because the matter of the world to come is well-known and revealed to all intelligent people and clear as the sun. There is no people nor language that do not agree that there is permanence to souls after the termination of the bodies. And there is also no one that disagrees that it is according to the good of the soul, its wisdom and the propriety of its actions, that its enjoyment will be greater. As the source of the intellectual soul from which it is extracted is the Intellect, and anyone that comes closer to its nature - the place of its extraction - will have greater pleasure. These words do not require support with proofs and witnesses - they are their own witnesses and their proofs are basic knowledge. And so the Torah never elaborates about that which is well-known from human logic. And this is [the meaning] of their, may their memory be blessed, saying in every place, "It is logical" - meaning, there is no need for a verse about that which logic reveals. And hence the Torah promised us with the fulfillment of the commandments in this world to say that we not be preoccupied with sustenance and with wars [against] the enemies and that we be able to put efforts into the service of God and fathom His will. And there is no need to elaborate further and to say, "And when you accomplish His will, you will merit the pleasure of the world to come" - since the thing is self-evident that any creature that accomplishes the will of his Creator, may He be elevated, approaches Him and will enjoy from His radiance. And another reason [for this] is that if the Torah had promised about the reward of the world to come and not this one, the promise would not have been seen while [people are still] alive; and the heart of those of little faith may have disturbed [them] with words.

Many sources indicate that we should not build the Beit Hamikdash (Holy Temple) today. The Sefer Hachinuch (95) writes that the mitzvah to build the Beit Hamikdash applies only when a majority of world Jewry lives in Israel (which seems not yet to have occurred as of this writing).⁴We have presented the Sefer Hachinuch’s opinion according to its simple reading. See, however, Teshuvot Tzitz Eliezer (10:1:11 and 10:2:1), who entertains several other possible interpretations. He cites and rejects a view that whenever Jewish immigration to Israel is unrestricted, such as the present time, it is as if most Jews live in Israel. He also suggests that the Sefer Hachinuch requires that a majority of the inhabitants of Israel be Jews, but does not consider whether many more Jews live in the Diaspora. Rav Moshe Shternbuch (Moadim Uzmanim 5:351) notes that a simple reading of the Sefer Hachinuch’s view raises the difficulty that most Jews regrettably lived outside of Israel when the Second Temple was built. For further discussion of the Sefer Hachinuch’s position, see Techumin 12:490. Furthermore, Rashi and Tosafot (Sukkah 41a s.v. Iy Nami) cite a Midrash that states that the Third Temple will not be built by humans, but will miraculously descend from the heavens as a complete edifice.⁵Rav J. David Bleich (Contemporary Halakhic Problems 1:246 note 3) argues that the Nacheim prayer (recited on Tishah B’av) also implies that the third Beit Hamikdash will descend from heaven and not be built by human hands. The Binyan Tzion (1:1) also demonstrates from our prayers that the Mashiach’s arrival will precede the Beit Hamikdash. He refers to a passage from the Gemara (Megillah 17b-18a) that explains the structure of the Shmoneh Esrei. The Gemara states that the blessing of Et Tzemach David (which prays for the return of David’s dynasty) precedes R’tzei (which focuses on restoring the Temple service) by two blessings, because the return of David’s dynasty will precede the Temple service’s restoration by two steps in the redemption process. The Binyan Tzion thus explains that the Rabbis did not offer korbanot after the Temple’s destruction, despite the fact that they had access to ashes of the parah adumah (red heifer) in order to purify themselves. Rav Waldenberg (Tzitz Eliezer 10:1:46 and 10:7:7) vigorously emphasizes this point. The Netziv (Ha’ameik Davar, Vayikra 26:31) also implies that korbanot may not be offered before the arrival of Mashiach, because he claims that a condition of exile is that God will not accept our korbanot. The Netziv argues, however, that the Korban Pesach is an exception to this rule and may be offered even before the Beit Hamikdash is rebuilt. (In fact, the Netziv believes that the Korban Pesach was actually offered during the years immediately following the Second Temple’s destruction.) Later in this chapter, we cite Rav Avraham Yitzchak Kook’s belief that korbanot may be offered before rebuilding the Beit Hamikdash. On the other hand, the Rambam (Hilchot Beit Habechirah 1:1,4) strongly implies that human hands will indeed build it. Elsewhere (Hilchot Melachim 11:1,4), he adds that when someone successfully builds the Beit Hamikdash, we will know that he is the Mashiach (Messiah). According to the Rambam, it follows that we need not wait for a miracle in order to commence working towards a Beit Hamikdash and korbanot.

And you already knew that the words of our rabbis follow the Torah’s means of expression, and so in the Torah there are permitted and prohibited foods: this you shall eat; this you shall not eat, and it is written, “from their flesh you shall not eat.”²⁷Lev 11:8. You wouldn’t say that this is an allegory – God forbid! – but it’s the actual literal meaning. And so they went on to say The Holy One, blessed be He, will in time to come make a sukkah for the righteous from the skin of Leviathan; for it is said: “Can you fill sukkot with his skin?”²⁸Job 40:31. Sukkot here is spelled with a sin, not a samekh as in sukkah meaning “tent,” and means “darts.” Thus, the meaning of the verse in context is “Can you fill his skin with darts?” If a man is worthy, a sukkah is made for him; if he is not worthy, a shadow [tzel] is made for him, for it is said: “And his head with a fish covering [bi-tziltzel].”²⁹Job 30:41. R. Bahya following the Talmud takes the two parts of this verse in Job as contrasting: the first part hints at the reward of the worthy, the second part to the punishment of the unworthy – “shade.” After this he skips a few lines of Talmud that expand on this theme of the worthy and unworthy’s “rewards.” The rest [of Leviathan] will be spread by the Holy One, blessed be He, upon the walls of Jerusalem, and its splendor will shine from one end of the world to the other; as it is said: “And nations shall walk by Your light.”³⁰Is 60:3, in b. Baba Batra 75a.

And in connection to this you will also find it plainly stated in Perek Helek³⁴B. Sanhedrin 100a, a well-known passage from the Talmud describing the world to come. that in time to come the human height [komot] will return to two hundred cubits, and they also taught this in a midrash likewise in Perek Sefinah:³⁵B. Baba Batra 75a. “I will lead you komamiyut,”³⁶Lev 26:13, literally, “I will make you walk erect” (JSB), but the midrash plays on the similarity between komamiyut “erect” and komot – “height.” R. Meir says: [it means] two hundred cubits – twice the height of Adam. R. Judah says: A hundred cubits; corresponding to the [height of the] temple and its walls. For it is said: ‘carved after the fashion of the Temple.³⁷Ps 144:22. But insofar as it said,³⁸B. Baba Batra, ibid. The Holy One, Blessed be He, will in time to come bring precious stones and pearls…and will cut out from them [openings] ten by twenty cubits, and will set them up in the gates of Jerusalem, as it is said, “and your gates of stones of carbuncle,”³⁹Is 54:12. it seems from this that the height will be no more than twenty cubits. So therefore it must be said that the gates of the houses are not being spoken about, for how could they enter them at that height?! But rather, it’s certainly the gates of the windows that are being spoken about. And you already knew that parashat “Im Behukotai” is a promise of what will happen in the future, for what it says there never existed in the two Temples, neither in the First nor the Second Temple. For what is destined in the Torah through its promises is not al shlemut, but will happen in time to come after the ancient sin has been atoned for, which has never occurred at any time, and this is what our sages z”l taught in a midrash:⁴⁰B. M.K. 16b. When David went out to war he killed eight hundred at one time, but was sorry for the two hundred [he would have killed], to fulfill what has been said, “How could one have routed a thousand?”⁴¹Dt 32:32, from the future promises enumerated in Deuteronomy. A voice from heaven went out and said, “Were it not for the matter of Uriah the Hittite.”⁴²1 Kings 15:5, and see the story in 2 Samuel chapters 11-12. King David fell in love with Uriah’s wife Bathsheba, and so sent Uriah off to the front lines of battle to be killed so that he could marry her.

And know that because the body is the “robe” of the soul, for as King Solomon (peace be upon him) spoke about the topic of the resurrection of the dead when he said: “I had taken off my robe; How shall I wear it again?”⁷⁷SS 5:3. he revealed to us explicitly that the soul will be clothed in the same robe. But he said, “How shall I wear it again?” – it is impossible for this to occur in nature, but rather only by a complete, marvelous, profound miracle shall I go back and wear it again after it has been stripped off. And he said this out of astonishment, not out of doubt – God forbid! “I had bathed my feet”⁷⁸Ibid. – that is to say, after I have bathed my feet, how is it possible for me to step back in the same muck!? It is better for me to stay on this level than to go back there.⁷⁹I.e., to stay in the world of souls – as only a soul, rather than return to the body, in the world of the resurrection (Chavel). All this comes from astonishment, but “inasmuch the king’s command is authoritative,”⁸⁰Eccl 8:4. because he promised us this in the Torah that the soul will return to the body at the resurrection of the dead, in order to receive its reward or punishment, according to the judgment coming to it. The explanation of this topic about the matter of the resurrection of the dead I shall complete for you in this Gate. Dig after it, pursue it, and get it!

And know that because the body is the “robe” of the soul, for as King Solomon (peace be upon him) spoke about the topic of the resurrection of the dead when he said: “I had taken off my robe; How shall I wear it again?”⁷⁷SS 5:3. he revealed to us explicitly that the soul will be clothed in the same robe. But he said, “How shall I wear it again?” – it is impossible for this to occur in nature, but rather only by a complete, marvelous, profound miracle shall I go back and wear it again after it has been stripped off. And he said this out of astonishment, not out of doubt – God forbid! “I had bathed my feet”⁷⁸Ibid. – that is to say, after I have bathed my feet, how is it possible for me to step back in the same muck!? It is better for me to stay on this level than to go back there.⁷⁹I.e., to stay in the world of souls – as only a soul, rather than return to the body, in the world of the resurrection (Chavel). All this comes from astonishment, but “inasmuch the king’s command is authoritative,”⁸⁰Eccl 8:4. because he promised us this in the Torah that the soul will return to the body at the resurrection of the dead, in order to receive its reward or punishment, according to the judgment coming to it. The explanation of this topic about the matter of the resurrection of the dead I shall complete for you in this Gate. Dig after it, pursue it, and get it!

And the world of souls, this is what is called ‘Garden of Eden’ (gan aden) among the sages, and they called it this by way of an allegory, using the example of how the body takes delight (mitaden) in a garden, and so it is written about the Garden of Eden in the land, ‘He set him in the Garden of Eden to work it and keep it,’ (Gen 2:5) – this heavenly Garden of Eden is the world of souls comparable but in contrast to it, and it is call ‘Garden of Eden’ too, and it is the reward for doing the mitzvot in which the soul takes delight, using the image of the body taking delight in a garden. And to the extent that the Torah does not specify explicitly anywhere the matter of the Garden of Eden being destined for the soul as a reward for the mitzvot, but does specify the bodily things destined for Israel when they return most certainly to their land, when they will have “all their rains in their season”⁹³Lev 26:4. and with the abundance of blessing and happiness – this matter is because the Torah was given to the masses of all of Israel, and the masses would not be able to understand the destined intellectual things. So even if the Torah would come to tell about this in brief, they would not find in it any way in to understand it, they wouldn’t be up to it, and it would be for them like a dream without an interpretation. And if the story of this went on at length in Scripture, wouldn’t more doubts be raised, the more was written about it? So for this reason, the Torah did not want to go down this road, neither in brief nor at length, because the masses wouldn’t believe in any of it, until they would see a sign or confirmation of it with their own eyes, and therefore the wisdom of the Torah comes in a story about physical rewards destined to come, to go on at length about them since they are preparation for the soul’s recompense, which is her “Garden of Eden,” and since they are a sign and confirmation for what they wouldn’t understand. And for this reason the Torah did not mention it explicitly in the story of the Garden of Eden, and by concealing it lest doubts multiply and confusion in understanding them ensue, but did mention openly what is the sign and confirmation of it. So this reason is correct and sufficient to all who understand and discern that the Torah was given to the masses. However, the “engaged intellectual” [maskil nilvav⁹⁴This expression from R. Bahya ibn Pakuda’s Duties of the Heart -(Hovot ha-Levavot), Sha’ar Yihud Chapter 1, plays on the connection to “heart”, and refers to someone philosophically trained but also “with a heart” – that is, emotionally engaged, not intellectually distant. He says the “maskil nilvav will strive to strip the shells of the words and their materiality from the subject.” In other words, it is out of emotionally longing to connect to God, that he will use philosophy to strip away the linguistic and material obstacles to that connection.] who delves deeply into it, will find everything in the Torah, “as milk under pressure produces butter”⁹⁵Prov 30:33. – whoever is found engaged in the Torah, the milk he suckles from the breast of his mother will produce the “butter” of Torah.⁹⁶Chavel thinks R. Bahya has in mind this midrash on Prov 30:33 in b. Berakhot 63b: “‘As milk under pressure produces butter’ – In whom do find the butter of Torah? In him who spits up the milk he suckled from his mother for it.” And so you who are an engaged intellectual – “Turn it and turn it because everything is in it!”⁹⁷M. Avot 5 (end). I think R. Bahya means by this analogy that the baby “churns” his mother’s milk in his mouth and turns it into butter, and similarly the engaged intellectual “churns” Torah by “turning it and turning it” and so turns it into “the butter of Torah.” Similarly, medieval Christian monastic educators described the active process of reading as “rumination.” You will find in the matter of Enoch that “And Enoch walked with God”⁹⁸Gen 5:24: va-yithalakh Hanokh et ha-elohim. And this “walking with God” is as the Targum translated it into Aramaic, “And Enoch walked in fear of the Lord.”⁹⁹Targum Onkelos Gen 5:24: Ve-halikh hanokh be-dahalta’ d’YHVH. Enoch was a “righteous man who rules in the fear of God,”¹⁰⁰2 Samuel 23:3.as it is said, “for God took him,”¹⁰¹Gen 5:24. – it is known that the “taking” was because of his virtue and goodness, because he was a righteous man. And if so, from here we get the explanation of the matter of “the Garden of Eden” for the soul of the righteous. And you will also find in the Torah in parashat “Im be-hukotai” that it is promise for the future, the world to come, for it is written there, “I will look with favor on you,¹⁰²Lev 26:9.” and this means that “My goodwill [ratzon]will be attached to you,” and the “goodwill” of Ha-Shem (may He be blessed) is the life of the world to come. This is what is referred to in what is written: “hayyim birtzono” – “When He is pleased, there is life,”¹⁰³Ps 30:6. and thus it is also written there, “I shall walk about – hithalakhti – in your midst.”¹⁰⁴Lev 26:12 And what is destined here is not to be understood in the category of things destined for the body, but rather from things destined for the soul in the world to come, which is what is referred to when it is written: “moving about – mithalekh – in the breezy part of the day.”¹⁰⁵Gen 3:8: “They [Adam and Eve] heard the sound of the Lord God moving about [mithalekh] in the garden at the breezy time of the day.” And our sages interpreted this in a midrash:¹⁰⁶Sifra Be-Hukkotai Chapter 3.”‘Va-hithalakhti be-tokhekham -I will walk about in their midst.’ In time to come the Holy One Blessed be He will stroll around with the righteous in the Garden of Eden.” And similarly they said, “In time to come the Holy One Blessed be He will arrange a “greenbelt”¹⁰⁷Mahol- untilled land surrounding a vineyard (Jastrow). However, mahol has the additional connotation of a chorus of singers and dancers, so R. Bahya may also be alluding to the “Mahanayyim dance” he mentioned in the First Gate. In any case, the main point of this image is that it is circular, with God in the center. The “choreography” of the souls of the “Garden of Eden”, is that they will be arranged in a circle with God in the center, as R. Bahya goes on to explain. for the righteous in the Garden of Eden, and His Presence will be among them.”¹⁰⁸B. Ta’anit 3a. The achievement of this joy for the souls is compared to an endless eternal “greenbelt,” because the circle goes around a point, and the point is in the center, which is why the Talmud says “His Presence will be among them –beynahem.” And similarly the Torah specified “in your midst – be-tokhekham,“¹⁰⁹Lev 26:12. because Israel is compared to circle, and He himself to the center point. And after it said, “I will walk about in your midst,” it said, “I will be your God,” ¹¹⁰Ibid. and our sages z”l interpreted this in a midrash,¹¹¹B. Taanit 31a. “And each and every one of them will point to Him with their finger, as it is said, ‘Behold! This is our God!”¹¹²Is 25:9. The word “this” is an allegory for nearing complete intellectual conception, like someone who has knowledge of something that exists and recognizes it clearly, and understands it as distinct from other things. And you should not understand “this” literally, like what you would mean if you were standing in front of a person and pointing them out, but rather, it is like what is meant when the Torah said, “For this man Moses…”¹¹³Ex 32:1: “When the people saw that Moses was so long in coming down from the mountain, the people gathered against Aaron and said to him, ‘Come make us a god who shall go before us, for this man Moses, who brought us from the land of Egypt – we do not know what happened to him”who was not standing among them, but about whom they had specific knowledge. From here¹¹⁴From the expression “I shall walk about in your midst” in Lev 26:12. it should be clear to the enlightened that the world of souls is the “Garden of Eden” for the soul, but Scripture mixes it in the general list of things destined for the body, and depended on the intellect of the enlightened to discern it from them, that it would not be hidden from him as it would be from the masses.

And the world of souls, this is what is called ‘Garden of Eden’ (gan aden) among the sages, and they called it this by way of an allegory, using the example of how the body takes delight (mitaden) in a garden, and so it is written about the Garden of Eden in the land, ‘He set him in the Garden of Eden to work it and keep it,’ (Gen 2:5) – this heavenly Garden of Eden is the world of souls comparable but in contrast to it, and it is call ‘Garden of Eden’ too, and it is the reward for doing the mitzvot in which the soul takes delight, using the image of the body taking delight in a garden. And to the extent that the Torah does not specify explicitly anywhere the matter of the Garden of Eden being destined for the soul as a reward for the mitzvot, but does specify the bodily things destined for Israel when they return most certainly to their land, when they will have “all their rains in their season”⁹³Lev 26:4. and with the abundance of blessing and happiness – this matter is because the Torah was given to the masses of all of Israel, and the masses would not be able to understand the destined intellectual things. So even if the Torah would come to tell about this in brief, they would not find in it any way in to understand it, they wouldn’t be up to it, and it would be for them like a dream without an interpretation. And if the story of this went on at length in Scripture, wouldn’t more doubts be raised, the more was written about it? So for this reason, the Torah did not want to go down this road, neither in brief nor at length, because the masses wouldn’t believe in any of it, until they would see a sign or confirmation of it with their own eyes, and therefore the wisdom of the Torah comes in a story about physical rewards destined to come, to go on at length about them since they are preparation for the soul’s recompense, which is her “Garden of Eden,” and since they are a sign and confirmation for what they wouldn’t understand. And for this reason the Torah did not mention it explicitly in the story of the Garden of Eden, and by concealing it lest doubts multiply and confusion in understanding them ensue, but did mention openly what is the sign and confirmation of it. So this reason is correct and sufficient to all who understand and discern that the Torah was given to the masses. However, the “engaged intellectual” [maskil nilvav⁹⁴This expression from R. Bahya ibn Pakuda’s Duties of the Heart -(Hovot ha-Levavot), Sha’ar Yihud Chapter 1, plays on the connection to “heart”, and refers to someone philosophically trained but also “with a heart” – that is, emotionally engaged, not intellectually distant. He says the “maskil nilvav will strive to strip the shells of the words and their materiality from the subject.” In other words, it is out of emotionally longing to connect to God, that he will use philosophy to strip away the linguistic and material obstacles to that connection.] who delves deeply into it, will find everything in the Torah, “as milk under pressure produces butter”⁹⁵Prov 30:33. – whoever is found engaged in the Torah, the milk he suckles from the breast of his mother will produce the “butter” of Torah.⁹⁶Chavel thinks R. Bahya has in mind this midrash on Prov 30:33 in b. Berakhot 63b: “‘As milk under pressure produces butter’ – In whom do find the butter of Torah? In him who spits up the milk he suckled from his mother for it.” And so you who are an engaged intellectual – “Turn it and turn it because everything is in it!”⁹⁷M. Avot 5 (end). I think R. Bahya means by this analogy that the baby “churns” his mother’s milk in his mouth and turns it into butter, and similarly the engaged intellectual “churns” Torah by “turning it and turning it” and so turns it into “the butter of Torah.” Similarly, medieval Christian monastic educators described the active process of reading as “rumination.” You will find in the matter of Enoch that “And Enoch walked with God”⁹⁸Gen 5:24: va-yithalakh Hanokh et ha-elohim. And this “walking with God” is as the Targum translated it into Aramaic, “And Enoch walked in fear of the Lord.”⁹⁹Targum Onkelos Gen 5:24: Ve-halikh hanokh be-dahalta’ d’YHVH. Enoch was a “righteous man who rules in the fear of God,”¹⁰⁰2 Samuel 23:3.as it is said, “for God took him,”¹⁰¹Gen 5:24. – it is known that the “taking” was because of his virtue and goodness, because he was a righteous man. And if so, from here we get the explanation of the matter of “the Garden of Eden” for the soul of the righteous. And you will also find in the Torah in parashat “Im be-hukotai” that it is promise for the future, the world to come, for it is written there, “I will look with favor on you,¹⁰²Lev 26:9.” and this means that “My goodwill [ratzon]will be attached to you,” and the “goodwill” of Ha-Shem (may He be blessed) is the life of the world to come. This is what is referred to in what is written: “hayyim birtzono” – “When He is pleased, there is life,”¹⁰³Ps 30:6. and thus it is also written there, “I shall walk about – hithalakhti – in your midst.”¹⁰⁴Lev 26:12 And what is destined here is not to be understood in the category of things destined for the body, but rather from things destined for the soul in the world to come, which is what is referred to when it is written: “moving about – mithalekh – in the breezy part of the day.”¹⁰⁵Gen 3:8: “They [Adam and Eve] heard the sound of the Lord God moving about [mithalekh] in the garden at the breezy time of the day.” And our sages interpreted this in a midrash:¹⁰⁶Sifra Be-Hukkotai Chapter 3.”‘Va-hithalakhti be-tokhekham -I will walk about in their midst.’ In time to come the Holy One Blessed be He will stroll around with the righteous in the Garden of Eden.” And similarly they said, “In time to come the Holy One Blessed be He will arrange a “greenbelt”¹⁰⁷Mahol- untilled land surrounding a vineyard (Jastrow). However, mahol has the additional connotation of a chorus of singers and dancers, so R. Bahya may also be alluding to the “Mahanayyim dance” he mentioned in the First Gate. In any case, the main point of this image is that it is circular, with God in the center. The “choreography” of the souls of the “Garden of Eden”, is that they will be arranged in a circle with God in the center, as R. Bahya goes on to explain. for the righteous in the Garden of Eden, and His Presence will be among them.”¹⁰⁸B. Ta’anit 3a. The achievement of this joy for the souls is compared to an endless eternal “greenbelt,” because the circle goes around a point, and the point is in the center, which is why the Talmud says “His Presence will be among them –beynahem.” And similarly the Torah specified “in your midst – be-tokhekham,“¹⁰⁹Lev 26:12. because Israel is compared to circle, and He himself to the center point. And after it said, “I will walk about in your midst,” it said, “I will be your God,” ¹¹⁰Ibid. and our sages z”l interpreted this in a midrash,¹¹¹B. Taanit 31a. “And each and every one of them will point to Him with their finger, as it is said, ‘Behold! This is our God!”¹¹²Is 25:9. The word “this” is an allegory for nearing complete intellectual conception, like someone who has knowledge of something that exists and recognizes it clearly, and understands it as distinct from other things. And you should not understand “this” literally, like what you would mean if you were standing in front of a person and pointing them out, but rather, it is like what is meant when the Torah said, “For this man Moses…”¹¹³Ex 32:1: “When the people saw that Moses was so long in coming down from the mountain, the people gathered against Aaron and said to him, ‘Come make us a god who shall go before us, for this man Moses, who brought us from the land of Egypt – we do not know what happened to him”who was not standing among them, but about whom they had specific knowledge. From here¹¹⁴From the expression “I shall walk about in your midst” in Lev 26:12. it should be clear to the enlightened that the world of souls is the “Garden of Eden” for the soul, but Scripture mixes it in the general list of things destined for the body, and depended on the intellect of the enlightened to discern it from them, that it would not be hidden from him as it would be from the masses.

And the world of souls, this is what is called ‘Garden of Eden’ (gan aden) among the sages, and they called it this by way of an allegory, using the example of how the body takes delight (mitaden) in a garden, and so it is written about the Garden of Eden in the land, ‘He set him in the Garden of Eden to work it and keep it,’ (Gen 2:5) – this heavenly Garden of Eden is the world of souls comparable but in contrast to it, and it is call ‘Garden of Eden’ too, and it is the reward for doing the mitzvot in which the soul takes delight, using the image of the body taking delight in a garden. And to the extent that the Torah does not specify explicitly anywhere the matter of the Garden of Eden being destined for the soul as a reward for the mitzvot, but does specify the bodily things destined for Israel when they return most certainly to their land, when they will have “all their rains in their season”⁹³Lev 26:4. and with the abundance of blessing and happiness – this matter is because the Torah was given to the masses of all of Israel, and the masses would not be able to understand the destined intellectual things. So even if the Torah would come to tell about this in brief, they would not find in it any way in to understand it, they wouldn’t be up to it, and it would be for them like a dream without an interpretation. And if the story of this went on at length in Scripture, wouldn’t more doubts be raised, the more was written about it? So for this reason, the Torah did not want to go down this road, neither in brief nor at length, because the masses wouldn’t believe in any of it, until they would see a sign or confirmation of it with their own eyes, and therefore the wisdom of the Torah comes in a story about physical rewards destined to come, to go on at length about them since they are preparation for the soul’s recompense, which is her “Garden of Eden,” and since they are a sign and confirmation for what they wouldn’t understand. And for this reason the Torah did not mention it explicitly in the story of the Garden of Eden, and by concealing it lest doubts multiply and confusion in understanding them ensue, but did mention openly what is the sign and confirmation of it. So this reason is correct and sufficient to all who understand and discern that the Torah was given to the masses. However, the “engaged intellectual” [maskil nilvav⁹⁴This expression from R. Bahya ibn Pakuda’s Duties of the Heart -(Hovot ha-Levavot), Sha’ar Yihud Chapter 1, plays on the connection to “heart”, and refers to someone philosophically trained but also “with a heart” – that is, emotionally engaged, not intellectually distant. He says the “maskil nilvav will strive to strip the shells of the words and their materiality from the subject.” In other words, it is out of emotionally longing to connect to God, that he will use philosophy to strip away the linguistic and material obstacles to that connection.] who delves deeply into it, will find everything in the Torah, “as milk under pressure produces butter”⁹⁵Prov 30:33. – whoever is found engaged in the Torah, the milk he suckles from the breast of his mother will produce the “butter” of Torah.⁹⁶Chavel thinks R. Bahya has in mind this midrash on Prov 30:33 in b. Berakhot 63b: “‘As milk under pressure produces butter’ – In whom do find the butter of Torah? In him who spits up the milk he suckled from his mother for it.” And so you who are an engaged intellectual – “Turn it and turn it because everything is in it!”⁹⁷M. Avot 5 (end). I think R. Bahya means by this analogy that the baby “churns” his mother’s milk in his mouth and turns it into butter, and similarly the engaged intellectual “churns” Torah by “turning it and turning it” and so turns it into “the butter of Torah.” Similarly, medieval Christian monastic educators described the active process of reading as “rumination.” You will find in the matter of Enoch that “And Enoch walked with God”⁹⁸Gen 5:24: va-yithalakh Hanokh et ha-elohim. And this “walking with God” is as the Targum translated it into Aramaic, “And Enoch walked in fear of the Lord.”⁹⁹Targum Onkelos Gen 5:24: Ve-halikh hanokh be-dahalta’ d’YHVH. Enoch was a “righteous man who rules in the fear of God,”¹⁰⁰2 Samuel 23:3.as it is said, “for God took him,”¹⁰¹Gen 5:24. – it is known that the “taking” was because of his virtue and goodness, because he was a righteous man. And if so, from here we get the explanation of the matter of “the Garden of Eden” for the soul of the righteous. And you will also find in the Torah in parashat “Im be-hukotai” that it is promise for the future, the world to come, for it is written there, “I will look with favor on you,¹⁰²Lev 26:9.” and this means that “My goodwill [ratzon]will be attached to you,” and the “goodwill” of Ha-Shem (may He be blessed) is the life of the world to come. This is what is referred to in what is written: “hayyim birtzono” – “When He is pleased, there is life,”¹⁰³Ps 30:6. and thus it is also written there, “I shall walk about – hithalakhti – in your midst.”¹⁰⁴Lev 26:12 And what is destined here is not to be understood in the category of things destined for the body, but rather from things destined for the soul in the world to come, which is what is referred to when it is written: “moving about – mithalekh – in the breezy part of the day.”¹⁰⁵Gen 3:8: “They [Adam and Eve] heard the sound of the Lord God moving about [mithalekh] in the garden at the breezy time of the day.” And our sages interpreted this in a midrash:¹⁰⁶Sifra Be-Hukkotai Chapter 3.”‘Va-hithalakhti be-tokhekham -I will walk about in their midst.’ In time to come the Holy One Blessed be He will stroll around with the righteous in the Garden of Eden.” And similarly they said, “In time to come the Holy One Blessed be He will arrange a “greenbelt”¹⁰⁷Mahol- untilled land surrounding a vineyard (Jastrow). However, mahol has the additional connotation of a chorus of singers and dancers, so R. Bahya may also be alluding to the “Mahanayyim dance” he mentioned in the First Gate. In any case, the main point of this image is that it is circular, with God in the center. The “choreography” of the souls of the “Garden of Eden”, is that they will be arranged in a circle with God in the center, as R. Bahya goes on to explain. for the righteous in the Garden of Eden, and His Presence will be among them.”¹⁰⁸B. Ta’anit 3a. The achievement of this joy for the souls is compared to an endless eternal “greenbelt,” because the circle goes around a point, and the point is in the center, which is why the Talmud says “His Presence will be among them –beynahem.” And similarly the Torah specified “in your midst – be-tokhekham,“¹⁰⁹Lev 26:12. because Israel is compared to circle, and He himself to the center point. And after it said, “I will walk about in your midst,” it said, “I will be your God,” ¹¹⁰Ibid. and our sages z”l interpreted this in a midrash,¹¹¹B. Taanit 31a. “And each and every one of them will point to Him with their finger, as it is said, ‘Behold! This is our God!”¹¹²Is 25:9. The word “this” is an allegory for nearing complete intellectual conception, like someone who has knowledge of something that exists and recognizes it clearly, and understands it as distinct from other things. And you should not understand “this” literally, like what you would mean if you were standing in front of a person and pointing them out, but rather, it is like what is meant when the Torah said, “For this man Moses…”¹¹³Ex 32:1: “When the people saw that Moses was so long in coming down from the mountain, the people gathered against Aaron and said to him, ‘Come make us a god who shall go before us, for this man Moses, who brought us from the land of Egypt – we do not know what happened to him”who was not standing among them, but about whom they had specific knowledge. From here¹¹⁴From the expression “I shall walk about in your midst” in Lev 26:12. it should be clear to the enlightened that the world of souls is the “Garden of Eden” for the soul, but Scripture mixes it in the general list of things destined for the body, and depended on the intellect of the enlightened to discern it from them, that it would not be hidden from him as it would be from the masses.

2. An examination of Ramban's comments regarding the commandment "and you shall dwell therein" inescapably yields the conclusion that the obligation is double-faceted in nature. The obligation encompasses (1) a personal obligation to establish domicile in the Land of Israel and (2) a similar obligation that is communal, rather than individual or personal, in nature. According to Ramban, the latter aspect of the mizvah includes an obligation to conquer the land, to inhabit and cultivate the land in its entirety, and to assure that no part of that territory remains in the hands of gentile nations.¹³See Ramban, Commentary on the Bible, Numbers 33:53, and idem, addenda to Rambam’s Sefer ha-Miẓvot, miẓvot aseh, no. 4. According to Ramban's formulation, the oath "she-lo ya'alu be-ḥomah" may well be reflective, not simply of the suspension of the obligation with regard to conquest, but indicative of the abrogation of all communal obligations with regard to the Land of Israel. Banishment from the Land of Israel is the fulfillment of the prognosticated punishment reflected in the verses "And you I will scatter among the nations" (Leviticus 26:33) and "… and you shall be plucked from off the land which you go there to possess. And the Lord will scatter you among all peoples from the end of the earth to the end of the earth" (Deuteronomy 28:63-64). But how can such a situation be reconciled with an ongoing obligation to dwell within the confines of the Land of Israel? The answer may well be that "you shall inherit the land" refers to the people of Israel as a communal entity, whereas "and you shall dwell therein" constitutes an admonition addressed to the individual. The community is in exile; hence there can be no communal obligation regarding the Land of Israel. The individual, however, remains fully bound by the personal obligation to "dwell therein." Accordingly, even after the dispersion of the community, the individual, if he is but capable of doing so, is duty-bound to establish residence in the Land of Israel. But since that obligation is incumbent upon a Jew only qua individual it does not extend to duties and responsibilities which, by their very nature, are not within the purview of the individual but which can be fulfilled only through the cooperative efforts of the community.

“I will make the land desolate, so that your enemies who settle in it shall be appalled by it. And you, I will scatter among the nations, and I will unsheathe the sword against you. Your land shall become a desolation and your cities a ruin. Then shall the land make up for its Sabbath years, throughout the time that it is desolate and you are in the land of your enemies; then shall the land rest and make up for its Sabbath years. Throughout the time that it is desolate, it shall observe the rest that it did not observe in your Sabbath years while you were dwelling upon it.”⁵⁰Lev. 26:32–35. These verses imply that exile was the punishment for not ob-serving shmita; during the years of dispersion, the land will make up for the sabbaticals that were not properly kept while the Jewish people dwelled in the land.

“For the land shall be forsaken of them, making up for its Sabbath years by being desolate of them, while they atone for their iniquity; for the abundant reason that they rejected My rules and spurned My laws.”⁵¹Lev. 26:43.

There is no question that the State of Israel is surrounded by enemies intent upon the annihilation of its inhabitants. The present situation is reflected in Ramban's poignant interpretation of a phrase found in the concluding section of Leviticus. "And they shall confess their iniquity, and the iniquity of their fathers, in their treachery which they committed against Me and also that they have walked contrary unto Me. I also will walk contrary unto them and bring them into the land of their enemies; if then their uncircumcised hearts be humbled then the punishment of their iniquity will be accepted" (Leviticus 26:40-41). The juxtaposition of these verses is puzzling. Scripture speaks of confession of iniquity. Confession of sin is indicative of repentance. If the people of Israel are indeed repentant, such repentance should signal the close of the period of punishment and affliction foretold in the earlier versions of the tokhaḥah (rebuke). And yet, the very next verse proceeds to state that, instead of responding to their confession of sin in a positive manner, God declares, "I also will walk contrary unto them and bring them into the land of their enemies." Yet a further punishment is predicted: the people of Israel are to be led into the land of their enemies. Even the nature of this further punishment is difficult to comprehend since among the earlier misfortunes which constitute the punishment for Israel's iniquity is recorded "And you will I scatter among the nations …" (Leviticus 26:33).

Binyan Ẓion includes another noteworthy objection to Kalisher's proposal. R. Ya'akov Ettlinger's major contention is based upon the verse "And I will bring your sanctuaries unto destruction, and I will not smell the savor of your sweet odors" (Lev. 26:31). The Gemara prescribes that each sacrifice be offered with six "intentions" (Zevaḥim 46a); among these are le-shem reaḥ and le-shem niḥoaḥ. Ettlinger argues that since God says He will not smell "the savor of your sweet odors" while the Temple lies desolate we cannot offer the sacrifice with such an intention. A similar concept is expressed independently in Emek Berakhah (Jerusalem, 5708), p. 66, by R. Aryeh Pomeranchik, a distinguished disciple of the late Brisker Rav. Quoting an oral tradition related in the name of R. Naftali Zevi Judah Berlin, Rosh Yeshivah of Volozin,³⁶This view is, in fact, expressed by R. Berlin in his Teshuvot Meshiv Davar, Kuntres Dvar ha-Shmittah, no. 56, and in his Ha‘amek Davar, Lev. 26:31 and Deut. 16:13. See also a hitherto unpublished letter written by R. Berlin, Ha-Ma‘ayan, Nisan 5734, pp. 9–10, and R. Menachem Gerlitz, Mara de-Ar‘a Yisra’el (Jerusalem, 5734), II, 16. Ḥazon Ish, Ohalot 30:5, expresses a similar but different concept in stating, on the basis of the same verse, that sacrifices are precluded as one of the manifestations of exile. See R. Kalman Kahana, Ha-Ma‘ayan, Tevet 5731, p. 31, n. 12. Rabbi Pomeranchik asserts that while ordinarily a sacrifice in which these intentions are absent remains valid, nevertheless, in instances when these intentions are impossible, the sacrifice is rendered invalid. The sole exception is the paschal sacrifice which the Torah never refers to as being offered for purposes of "a sweet odor." Rabbi Pomeranchik explains the difficult phrase in the Haggadah, "May we partake there of the sacrifices and of the paschal offerings, whose blood shall be sprinkled upon Thine altar for acceptance," in light of this novel interpretation. The term le-razon expresses our prayer that we shall be able to offer the pesaḥ in a rebuilt Temple in a perfect manner, so that it will also be accepted as "a sweet odor," although this is not strictly required in the case of the paschal sacrifice.

And that is that He commanded us to confess the transgressions and sins that we have done before God and to say them together with [our] repentance. And that is confession. And its intent is that one say, "Please, Lord, I have sinned, I have transgressed, I have rebelled and I have done such and such." And he should prolong the statement and request forgiveness about this matter according to the polish of his speech. And you should know that even the sins for which one is liable for the types of sacrifices that are mentioned - that He said that one offer them and it atones for him - do not suffice with the sacrifice when it is without confession. And that is His saying, "Speak to the children of Israel [saying], a man or woman who commits from any of the sins of man [...]. And they shall confess the sins that they did" (Numbers 5:6-7). And the language of the Mekhilta is, "Since it is stated (Leviticus 5:5), 'and he shall confess that which he has sinned upon it' - it is to be upon the sin-offering when it is in existence, not after it has been slaughtered. It is only understood that an individual confesses for entering the Temple [impure]" - for this verse appears in Parashat Vayikra about one who renders the Temple and its sanctified objects impure, and that which is mentioned with it, as we explained; and so the Mekhilta there raises the possibility that we would only learn the obligation for confession from Scripture about one who renders the Temple impure. "From where are you to include all the other commandments? [Hence] we learn to say, 'Speak to the children of Israel [...]. And they shall confess.' And from where [do we know] even [sins that bring punishments of] excision and death penalties of the court? It states, 'the sins,' to include negative commandments; 'that they did,' to include positive commandments." And there it says, "'From any of the sins of man' - for theft, for robbery, for evil speech; 'to commit a trespass' - to include one who swears falsely and a blasphemer; 'and be guilty' - to include all those guilty of death penalties. It might be even those who are killed according to the testimony of colluding ones. I only said, 'and that man be guilty.'" That means to say that he is not obligated to confess when he knows that he has not sinned, but rather what was testified against him was false. Behold it has been made clear to you that we are obligated to confess for all types of transgressions, big and small - and even [for] positive commandments. But because this command - that is, "And they shall confess" - appeared with an obligation for a sacrifice, it could have entered our mind that confession is not a commandment by itself, but is rather from those things that are an extension of the sacrifice. [Hence] they needed to clarify this in the Mekhilta with this language - "It might be that when they bring their sacrifices, they confess; when they do not bring their sacrifices, they do not confess. [Hence] we learn to say, 'Speak to the children of Israel [...]. And they shall confess.' But still, the understanding of confession is only in the Land [of Israel]. From where [do we know], also in the diaspora? [Hence] we learn to say, 'their iniquities [...] and the iniquities of their fathers' (Leviticus 26:40)." And likewise did Daniel say, "To You, Lord, is justice, etc." (Daniel 9:7). Behold that which we have mentioned has been made clear to you - that confession is a separate obligation; and that it is an obligation for the sinner for every sin that he did. Whether in the Land or outside of the Land; whether he brought a sacrifice or did not bring a sacrifice - he is obligated to confess, as it is stated, "And they shall confess for their iniquities." And the language of the [Sifra] is, "'And he shall confess' - that is confession of words." And the regulations of this commandment have already been explained in Tractate Yoma. (See Parashat Nasso; Mishneh Torah, Repentance 1).

It is a positive commandment, ordained by the Prophets, to fast on those days on which tragic events occurred to our forefathers. The purpose of the fast is to stir our hearts to reflect on the ways of repentance, and to serve as a reminder of our own evil deeds,and the deeds of our forefathers, which were as reprehensible as ours, and caused all these troubles for them as well as for us. By remembering these events we will improve our ways, as it has been said, "They will then confess their sins and the sins of their fathers" (Leviticus 26:4). Therefore, it is everyone's duty to take it to heart on those days to examine his past actions and to repent; for fasting is not the main thing, as it was said about the people of Nineveh, "And God saw their deeds" (Jonah 3:10), and our Rabbis, of blessed memory, have said, "It does not say, 'He saw their sackcloth and their fast,' but 'God saw their deeds, that they had turned away from their evil ways.'" Fasting is only a preparation for repentance. Therefore those who while fasting, spend the time taking walks, and doing trivial things, take hold of the least important aspect of the fast, while ignoring the essence [of the fast.]

Just as it is a mitzvah for the community to fast and to pray in times of trouble, so it is a mitzvah for every individual, if, God forbid, any trouble befalls him, for example, a member of his family is sick, or he lost his way, or he is confined in prison on false charges, to fast and to pray to God, and to plead for mercy from Him, may His Name be blessed, to deliver him. Suffering is one of the ways that leads to repentance. A person should not say, his troubles just happened by chance, for it is said: (Leviticus 26:23,24). "If you treat My (acts) as chance, then I will treat you with the fury of chance"; which means, when I bring distress on you to cause you to repent and you will say this happened by chance, then I will add to your (suffering) the fury of the same "chance." Man must know that because of his sins, God brought on him all this trouble. He should, therefore, examine his deeds and return to God, and He will have mercy on him.

Synagogues and study halls have great holiness since we pray in them and learn in them Torah. These locations have a reflection of the sanctity of the Temple. Our wise ones of blessed memory said, "And these will be small Temples" (Megilah 29a)-these are the Synagogues and study halls. And this that is written, "O Lord, You have been our dwelling place throughout all generations"(Psalms 90:1)- these are the Synagogues and study halls. Even in the time of the destruction [of the Temple], they still have sanctity as it is written, "and I will desolate your sanctuaries" (Lev. 26:31)-"They are still sanctuaries even when they are desolate" (Megilah 28a). Therefore, Synagogues and study halls are not treated with lightheartedness, for example, with games, humor and small talk. The Arizal (R' Issac Luria) was very careful to only speak words of prayer in the Synagogue. Even words of rebuke should not be spoken, least it lead to the discussion of mundane matters. (Magen Avraham Subsection 3).

And [it] is practiced at the time of the [Temple] by the priests. And even today - not at the time of the [Temple] - they, may their memory be blessed, said (Megillah 28a) that we are warned not to enter the Temple [grounds]. And they expounded the matter, from that which is written (Leviticus 26:31) "and I will make your sanctuaries desolate," and it did not state, "your sanctuaries will I make a desolation." As it is implied that their holiness is [still] upon them, even when they are desolate. And since that is so, I should count this prohibition among the prohibitions that are observed today.

That we not prostrate ourselves on a figured stone, even to God: That we not prostrate ourselves on a figured stone, even to God, blessed be He; as it is stated (Leviticus. 26:1), "and a figured stone you shall not place in your land, to prostate upon it." A figured stone refers to a stone that is adorned (see Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 12). And so [too,] hewn stones that have been planed down with a scraper are also included in this prohibition of a figured stone.

And through this, each and every house in all of Israel will have someone who is wise and knowledgeable in the Torah who can [then] teach all of the household of his father with his wisdom. And with this, 'the land will be filled with knowledge of the Lord.' As if there was only one sage in each city - or even ten - there would be many men who would only come in front of them once a year, and all the more so the women and the children. And even if they heard their words once a week, they would [then] go to their home and throw all the words of the sage behind their back. But when the teacher is in each and every house, dwelling there evening, morning and afternoon and constantly reminding them; then they will all - men, women and children - be careful and aware and no matter of sin or iniquity will be found among them. And through this they will merit that which is written (Leviticus 26:11-12) "And I will place My dwelling amongst you [...] and you will be for Me a nation, and I will be for you God" (while the second part of this citation is likely meant to be a very similar quote from Leviticus 26:12, the actual quote is from Jeremiah 11:4).

And through this, each and every house in all of Israel will have someone who is wise and knowledgeable in the Torah who can [then] teach all of the household of his father with his wisdom. And with this, 'the land will be filled with knowledge of the Lord.' As if there was only one sage in each city - or even ten - there would be many men who would only come in front of them once a year, and all the more so the women and the children. And even if they heard their words once a week, they would [then] go to their home and throw all the words of the sage behind their back. But when the teacher is in each and every house, dwelling there evening, morning and afternoon and constantly reminding them; then they will all - men, women and children - be careful and aware and no matter of sin or iniquity will be found among them. And through this they will merit that which is written (Leviticus 26:11-12) "And I will place My dwelling amongst you [...] and you will be for Me a nation, and I will be for you God" (while the second part of this citation is likely meant to be a very similar quote from Leviticus 26:12, the actual quote is from Jeremiah 11:4).

And this commandment is practiced by males and females. And even at this time, one who enters there and is impure according to the guidelines that we wrote, will be liable for excision - since the holiness of God is upon it, even today when it is desolate. And [it is] like they, may their memory be blessed, expounded (Megillah 28a) from that which it is written (Leviticus 21:31), "and I will make your sanctuaries desolate," as I wrote above in Acharei Mot (Sefer HaChinukh 184).

And since this commandment of confession comes with the obligation to bring an offering - as is written in Parshat Vayikra there (Leviticus 5:6), "And he shall bring his guilt-offering, etc." - one might think that the confession is not an independent commandment on its own, but rather only one of the things that are an extension of the sacrifice. Therefore they had to elucidate in the Mekhilta that such is not the case, but rather it is indeed an independent commandment. And so they said there, "I might have thought that I only confess when they brought [offerings]. From where do I know even at the time that they do not bring [them]? Since it is stated, 'the children of Israel[...] and they shall confess'" - meaning to say that the tradition comes to expound [it] in this way. "Still, I might have thought that there is confession only in the Land"; that is, even though one may confess without the sacrifice, nonetheless, that the obligation for confession is only in the Land, as that is the locus of atonement, and the sacrifices are there and the locus of everything is there. "From where do I know to include the Diaspora? From that which is written (Leviticus 26:40), 'And they shall confess their iniquity and the iniquity of their fathers.'" That is, the iniquity of their fathers who sinned and were exiled from the Land. "And so [too,] did Daniel say outside of the Land (Daniel 9:7) 'For You, Lord, is the righteousness and for us is the shame on this day.'" Hence it is elucidated that confession is an independent commandment and that it is practiced in all places. And they also said in the Sifra (Sifra, Acharei Mot, Section 4 6), "'And they shall confess' - that is verbal confession."

The law of the recitation of Shema morning and evening: That we were commanded every day, morning and evening, to read one verse from the Torah in this Order, and that is "Hear Israel, the Lord is our God, the Lord is one" (Deuteronomy 6:4). And about this verse is it stated (Deuteronomy 6:7), "and you will speak in them in your sitting in your home, in your laying down and in your rising up." And the explanation about this comes (Berakhot 10b) [that it is] at the time that people lay down and at the time that people get up. And it is established to us for the Rabbis (Berakhot 10b) that all of the night until the dawn rises is called the time that people lay down - and like the matter that is written (Leviticus 26:6), "and you will lay down and there is no one that makes to tremble"; and so [too], "it does not lay down until it eats prey" (Numbers 23:24) - since all the time of its laying down is implied. And also that people are divided in their attributes regarding laying down. There are those that do not lay down until half of the night, and some [not] until its end, and there are some that lay down immediately at the beginning of the night. And because of this, they said (Berakhot 10b) that the time of the recitation of Shema at night is from the time that the priests retire to eat their priestly tithe - which is the coming out of the stars - until the dawn rises. And the time that people rise up was understood [by] them [to be] from the beginning of the day - meaning to say when the morning is light [enough] that a man can recognize his fellow from the distance of four ells - until three full hours (Mishneh Torah, Laws of Reading the Shema 1:11). And rising up was not understood by them to be all of the day, like laying down; as it is not the way of any person that is healthy to rise up from his bed at the end of the day, or even its middle. And they, may their memory be blessed, said (Berakhot 9b) about the recitation of Shema of the morning that, in any case, from here onward - meaning from the end of three hours until the end of the day - he who did not read [it] did not lose [out] that he not be able to read it with its blessings.

It is well-known that it is a positive commandment of the Torah to yell out and to supplicate about every woe - that it should not come - and it is explained in the Laws of Fasts. And there are days that all of Israel fasts because of the woes that happened on them in order to awaken the hearts and open the paths of repentance. And this is to remember our bad deeds and the deeds of our ancestors, which were like our current [bad] deeds, until it caused them - and us - those woes. And in remembering these things, we repent to do the good, as it is written (Leviticus 26:40), "And they will confess their iniquity and the iniquity of their fathers." (Rambam, Mishneh Torah, Laws of Fasts 5)

And this commandment that one impure should not enter is practiced both by males and by females at the Temple Mount even in our days, and like the matter stated by the verse (Leviticus 26:31), "and make your holy places desolate" - and they, may their memory be blessed, expounded (Megillah 28a), "Their holiness is upon them even when they are desolate." And [it is] as I wrote above (Sefer HaChinukh 184, 363).