Halakhah su Deuteronomio 6:26

It is a positive biblical commandment to recite Shema at night and in the morning, as it is written: “And you shall speak them…when you lie down and when you rise” (Devarim 6:7). “When you lie down” means at night, and “when you rise” refers to morning. Since it is a positive time-bound commandment, men are obligated and women are exempt.

The foundation of Torah and the pillar of the divine service is to know that there is one God. who is singular and unique, and that He created the Worlds(i.e this world and the next world), and that he is constantly watching us. If, God forbid, he suddenly stopped watching and guiding the world even for a moment, it would revert to chaos and disorder. This is the essence of what is stated: (Deuteronomy 6:4) 'Listen, oh Israel, Hashem, your God, is One'.

We are also commanded to fear the Blessed One, as the verse states (Devarim 6.13): "The L-ord your G-d you should fear", and here are the words of the Rambam concerning this trait in Sefer haMitzvos, mitzvah 4: "He has commanded us to be consciously aware of His exalted presence, and to tremble before Him, and not be like the heretics who presumptuously follow their own hearts; rather we should be concerned and mindful of His corrective punishment at all times, which is a consequence of sinful behavior. This then is the meaning of "The L-ord your G-d you should fear." That is his comment in the above source. In his great work (the Mishna Torah), in the beginning of the second chapter of the fundamentals of the Torah, he writes thus: "What is the path towards love and fear of G-d? When a person contemplates the wondrous actions and creations of G-d, and he sees in them wisdom without end or measure, immediately he loves, praises and glorifies Him. He also experiences a great desire to know his great name [TO KNOW HIM?], as Dovid has said: "My soul thirsts for the L-ord, the living G-d". When he continues to think about such matters, he has an immediate reflex to shrink away, and he experiences a fear and trembling, realizing that he is a small and inconsequential creation, with little intellect compared to the One of complete knowledge. Dovid has also stated regarding this: "When I see the heavens, the work of your fingers, I ask 'what is man that you take notice of him'?" Until here is his language. As can be seen, in the Sefer haMitzvos the explanation of 'simple fear' is fear of punishment, while here the Rambam refers to a higher fear, which is fear from the recognition of G-d's great loftiness. On this subject the Sifrei (Dvarim, 32) has stated: "There is no love in fear's place, nor fear in love's place, except for that of G-d alone." (see there). This means to say that fear and love are opposites, but through fear of G-d's vast loftiness they can dwell together, that through the recognition of the great, exalted stature of the Blessed One he is feared with an 'enlightened fear', and he is loved with all of one's heart and soul.

We have already explained in the introduction of our composition, in the Commentary on the Mishnah, that most laws of the Torah have come out from the thirteen hermeneutic principles through which the Torah is expounded; and that there is sometimes a disagreement about a law that comes out through one of these principles; but that there are also, among them, laws the explanation of which was received from Moshe about which there is no disagreement. Nevertheless, they bring proofs about them from one of these thirteen principles. For it is the brilliance of Scripture that it is possible to find a hint or a verbal analogy in it, that indicates the received explanation - and we have already explained this topic there. And since the matter is such, behold: We can not say about every matter that the Sages brought out by a principle from the thirteen principles, that it was stated to Moshe at Sinai; and likewise can we not say about everything found in the Talmud in which they [only] supported it with one of the thirteen principles that it is rabbinic. For sometimes it will [nevertheless] be the received explanation from Moshe at Sinai. What is appropriate here regarding anything that is not found written in the Torah, but it is found that it is something they learned in the Talmud through one of the thirteen principles - if they themselves explain and say that it is a part of the Torah and that it is [a law] from the Torah, it is surely appropriate to count it. For those through which it is received said it is from the Torah. But if they did not explain this and did not say this, it is rabbinic - for there is no verse here indicating it. And this is also a principle that someone besides us has already been confused about; and therefore he counted fear of the sages as a positive commandment. And that which appears to have brought him to this is the statement of Rabbi Akiva (Pesachim 22b), "'You shall fear et the Lord, your God' (Deuteronomy 6:13) - to include Torah scholars." So he thought that anything that is arrived at through the thirteen principles is in the category [of the 613 commandments]. But if the matter was as he thought it, why did he not count honoring a mother's husband or a father's wife; and likewise not count honoring an older brother? For we learned that we are obligated to honor these individuals by inclusions. They said (Ketubot 103a), "'You shall honor et your father' - to include your older brother and your mother's husband; 'and et your mother' - to include your father's wife." That is just like they said, "'You shall fear et the Lord, your God' - to include Torah scholars." If so, why did they count these and not those? But they have come to even greater foolishness than that in this matter. And that is when they found a teaching about a verse, in which the teaching obligates an action or the distancing from something - but they are rabbinic without a doubt - they counted them among the commandments, even though the simple meaning of the verse does not indicate any of these things at all. This is in spite of the principle that [the Sages], peace be upon them, taught us about it - a verse may not be taken out of its simple meaning. So the Talmud asks everywhere where a verse is found from which we learn many things by way of explanation and proof, "What was the simple understanding of the verse written about?" But those who relied on this [mistaken] thinking counted visiting the sick, comforting the mourners and burying the dead in the category of the commandments, because of the teaching that is found about His, may He be blessed, saying, "and make known to them the way in which they are to go and the practices that they must do" (Exodus 18:20). And [the Sages] said about this (Bava Kamma 100a), "'The way' - that is acts of kindness. 'They are to go' - that is visiting the sick. 'In which' - that is burial of the dead. 'The practices' - that is the laws. 'That they must do' - that is [conducting oneself] beyond the letter of the law." And [the ones mistaken about what can be counted] thought that each and every one of these actions was a separate commandment. And they did not know that all of these actions - and those that are similar to them - fall under one commandment written in the Torah, when it is explained. And that is His, may He be blessed, saying, "and you shall love your neighbor like yourself" (Leviticus 19:18). And in this exact same way, they counted the calculation of the seasons as a commandment because of the teaching from, "it is your wisdom and your understanding" (Deuteronomy 4:6). And that is their saying (Shabbat 75a), "Which is the wisdom and understanding that is in the eyes of the nations? You shall say, it is the calculation of the seasons and the constellations." And [even] if one would [only] count what is clearer than this and what is more appropriate to count - that being, to count everything that we learn in the Torah from the thirteen hermeneutic principles through which the Torah is expounded - the count of commandments would add up to many thousands. And if you might think that I am running from counting them because they are not true; whether the law that comes out of it is true or not - that is not the reason. Rather the reason is that any extension that a person, and even if it was Moshe himself, draws out from the root principles that were told to Moshe at Sinai with their explanation - and these are the 613 commandments - is not appropriate to count. And the proof of this all is their saying in the Gemara, Temurah (Temurah 16a), "One thousand and seven hundred a fortiori inferences, verbal analogies, and precise inferences of the Scribes were forgotten during the days of mourning for Moshe. Even so, Otniel, son of Kenaz, restored them through his sharpness, as it is stated (Joshua 15:16-17), '"To he who smites Kiryat Sefer, and takes it, etc." And Otniel, son of Kenaz took it.'" And if this was what was forgotten, what was the total from which this amount was forgotten?! For it would certainly be false to say that everything that was known was forgotten. So, without a doubt, those laws that were drawn out by a fortiori inferences and the other principles were many thousands - and they were all known at the time of Moshe. And yet they are called precise inferences of the Scribes, because anything that they did not hear explained at Sinai is certainly from the words of the Scribes. Behold it has now been shown that that which was learned out through the thirteen principles even during Moshe's time, peace be upon him, is not to be counted among the 613 commandments that were stated to him at Sinai. Hence all the more so should that which was derived in later times not be counted among them. However it is nevertheless true that what was an explanation received from him is counted. And that is what the transmitters explain, and say that this thing is something forbidden to do and its prohibition is from the Torah; or they say that it is a part of the Torah. Behold that we count this, since it is known from tradition and not through a verbal analogy. Indeed, their [possible] mention of a verbal analogy and their bringing a proof for it from one of the thirteen principles [in such a case] is only to show the brilliance of Scripture, as we explained in the Commentary on the Mishnah.

The recitation of Shema includes three paragraphs. The first is “Shema” (“Listen”; Devarim 6:4-9), in which we accept the yoke of heaven and which discusses God’s unity and our love for Him. The second is “Ve-haya im Shamo’a” (“And if you follow”; Devarim 11:13-21), which contains the acceptance of the yoke of the mitzvot. The third is “Va-yomer” (“And He said”; Bamidbar 15:37-41), within which there is a command to remember the mitzvot via the mitzva of tzitzit, and at the end of which the Exodus from Egypt is mentioned.

According to most Rishonim, the biblical commandment can be fulfilled by reciting just the “Shema Yisrael” verse, for about that verse Torah says (Devarim 6:6-7), “These words I am commanding you today must be in your heart…when you lie down and when you get up.” However, the Sages ordained the recitation of all three paragraphs. It can therefore be explained that the essence of the mitzva of Shema is indeed the acceptance of the yoke of heaven, which is why most Rishonim maintain that even one who only recites the first verse fulfills the biblical commandment. Yet, the more one enhances his acceptance of the yoke of heaven, the more completely he fulfills the biblical mitzva. Therefore, the Sages ordained the recitation of all three paragraphs, for within them are the fundamentals of faith, the acceptance of the yoke of the mitzvot, and the remembrance of all the mitzvot through the mitzva of tzitzit. Hence, in truth, we fulfill the biblical mitzva by reciting all three paragraphs (Peninei Halakha: Prayer, ch. 15 n. 1).

Finally, an educator whose negligence caused the loss of a youngster’s confiscated item creates a very negative impression of Torah if he seeks to escape responsibility with “technical excuses” such as ba’alav imo or that one is not responsible to a minor. The Torah (Devarim 6:18) commands us, “v’asitah hayashar v’hatov b’einei Hashem,” “Do that which is just and good in the eyes of Hashem.” The Ramban (ad. loc.) explains:

2. It is a positive commandment to believe in God's oneness, believing with complete faith that He is One, without contemporary. As it is said (Deuteronomy 6:4): "Hear, O Israel: the Lord is our God - the Lord is one!" This is the fundament of the faith. After the initial knowledge that there is one God who exists, one needs to belief with complete faith that He is one - in simple and ultimate unity, that He has no body, that the concepts which apply to a physical body do not apply to Him, that things which happen to a body cannot happen to Him, that he has no second, and that there is no power beside Him. This belief is obligatory upon us in all times and all places, to males and females.

That is that He commanded us about loving Him, may He be exalted. And that is that we think about and contemplate His commandments, His statements and His actions until we comprehend Him and derive the greatest pleasure from that comprehension. And that is the love that is obligated. And the language of the Sifrei (Sifrei Devarim 33:1) is, "Since it is stated, 'And you shall love,' I would not know how a man is to love the Omnipresent. [Hence] we learn to say, 'And these things that I command you today shall be upon your heart' (Deuteronomy 6:6) - that through this, you will recognize the One that spoke and the world [came into being]." Behold we have explained to you that comprehension will come to you through contemplation and you will [then] come to pleasure, and perforce the love will come. And we have already clarified that this commandment also includes that we call all people to His service, may He be exalted, and to believe in Him. And that is since when you love a person, you will recount his praises and magnify him, and call on other people to love him. And this is, by way of analogy, the same with true love of Him, may He be exalted: When comprehension of His truth comes to you, you without a doubt call out to the fools and silly ones to know the true knowledge that you know. And the language of the Sifrei (Sifrei Devarim 32:2) is, "'And you shall love the Lord, your God' - cause Him to be loved by the creatures, like your father Avraham (did); as it is stated (Genesis 12:5), 'and the souls that they had made in Charan.'" And it means to say: Like Avraham who loved [God] - as Scripture testifies, "Avraham, who loves me" (Isaiah 41:8), and this was from his great comprehension - to the point that he called people to Him. (See Parashat Vaetchanan; Mishneh Torah, Foundations of the Torah 2.)

Rambam (Hilchot Melachim 8:11) severely limits the application of this Halachah. He imposes the following four limitations: the Halachah applies only to front line soldiers, only when located in enemy territory, (where the supply lines from the Jewish army are disrupted) only if they are very hungry, and only if there is no other food available. The Kesef Mishneh (ad. loc.) explains that the soldiers are not dangerously hungry to the point that they will die if they do not eat. Rather they are simply very hungry and they cannot find kosher food. The Netziv (Ha’ameik Davar to Devarim 6:10) explains “that the permission granted is due to Pikuach Nefesh (danger to life), as being overly concerned about Kashrut during war can lead to endangering lives”.

The Gemara (Bava Metzia 30b) cites the verse, “You should do the straight (yashar) and the good (tov) in the eyes of God” (Devarim 6:18), as the source for the importance of acting lifnim mishurat hadin.1²The Semak (Mitzvah 49) includes the mitzvah to act lifnim mishurat hadin in his list of 613. The Ramban (ad loc.) explains:

It is a positive commandment to love God, may He be blessed, with all one's heart, and all one's soul, and all one's might. As it is said (Deuteronomy 6:5): "You shall love the LORD your God with all your heart and with all your soul and with all your might." The way to love Him is to meditate on His acts until one contemplates them to the degree to which he is able - when the heart is aflame with the love of Him. This is the love which is incumbent upon us. One should direct all of his thoughts toward the love of God, may He be blessed. A person can only love the Holy One, blessed be He from the knowledge with which he knows Him, so in proportion to that knowledge will be the love: if [the knowledge is] small, [the love will be] small; if great, great. Therefore, a person needs to focus himself on understanding and comprehending, through wisdom and known philosophies, the honor of his Master, in proportion to the ability which he has to understand and attain. This is one of the commandments which a person is obligated in at all times, at every moment. Included in this commandment is [the requirement] to bring people close to His service, may He be blessed, and to love Him for what he has created, as our forefather Avraham, peace be upon him, did, as it is said (Genesis 12:5): "And the souls which he created in Haran." Because of this, the Holy One, blessed be He, called Avraham His beloved, as it is said (Isaiah 41:8): "Avraham my beloved."

The Rishonim disagree about whether there is a Torah commandment to pray every day. According to Rambam (Sefer Ha-mitzvot, mitzva 5), there is a biblical commandment to pray daily, as the Torah states (Shemot 23:25), “Serve God your Lord,” and (Devarim 6:13) “Revere the Lord your God and serve Him.” Although these verses contain a general commandment to serve God, they also include a specific commandment to pray. The Sages interpreted “service” (avoda) to mean worship through prayer, as it is written:  “Love God your Lord and serve Him with all your heart” (Devarim 11:13), and they explained (Ta’anit 2a), “What is serving with the heart? It must mean prayer.” By praying daily, one fulfills her biblical obligation to pray. To fulfill one’s obligation, one must begin with praise to God, then petition God for her needs, and conclude by thanking God for the good He has bestowed upon her. The Torah does not specify how long one’s prayers must be. Therefore, some shorten their prayers and others lengthen them, yet they all fulfill their biblical obligation (MT, Laws of Prayer 1:2-3). Later, the Men of the Great Assembly formulated a set prayer text, as will be explained below (section 6).

The Shema paragraph (Devarim 6:4-9) consists of three sections: 1) the principle of faith; 2) the meaning of this principle in our lives; 3) guidance on imbuing our lives with faith.

Rav Yosef Shaul Nathanson (Teshuvot Sho'eil Umeishiv 1:1:44) explicitly asserts that Halachah recognizes the concept of intellectual property and copyright law. He does not offer a proof-text for this assertion, but he writes that it would be counterintuitive to claim that Halachah would fail to recognize the internationally accepted rules of copyright. It would appear that Rav Nathanson is arguing that we must accept these laws based on considerations of equity. Indeed, the Ramban, commenting on the Torah's exhortation (Devarim 6:18), "VeAsitah HaYashar VeHatov BeEinei Hashem" ("You shall follow what is proper and good in the eyes of God"), emphasizes the need to conduct oneself in an ethical manner. He explains that the Torah commands us to follow what is considered proper and ethical behavior even in situations that are not directly addressed in the Torah. Following copyright laws is a fulfillment of this exhortation. Indeed, Rav Darren Blackstein commented to me that copyright law is an example of the cardinal principle of “do not do unto others that which one does not want done to himself” (Shabbat 31a).

That is that we are commanded to serve Him. And this command is repeated several times: His saying, "And you shall serve the Lord, your God" (Exodus 23:25); and His saying, "and you shall serve Him" (Deuteronomy 13:5). And although this command is from the inclusive commands - as we explained in Principle Four (Sefer HaMitzvot, Shorashim 4) - it nevertheless has specificity, since it is the command to pray. The language of the Sifrei is, "'And to serve Him' (Deuteronomy 11:13) - that is prayer." And they also said, "'And to serve Him' - that is [Torah] study." And in the Mishnah of Rabbi Eliezer, the son of Rabbi Yose HaGelili, they said, "From where [do we know that] the essence of prayer is a commandment? From here - 'You shall fear the Lord, your God, and you shall serve Him' (Deuteronomy 6:13)." And they said, "Serve Him through His Torah; serve Him in His Temple." This means, direct [yourself] towards it, to pray [towards] there, as Shlomo, peace be upon him, explained. (See Parashat Mishpatim: Mishneh Torah, Prayer and the Priestly Blessing 1.)

Our perfect Torah gave principles for correcting man’s character and behavior in the world when it said, “Be holy” (Vayikra 19:2). This verse means, as the Rabbis taught, “Sanctify yourself with what is permitted to you,” that a person should not excessively pursue physical desires (even via permitted means). Similarly, the Torah commanded, “You should do the straight (yashar) and the good (tov) in the eyes of God” (Devarim 6:18), which means that one should act in a proper and honest manner towards other people. There was no purpose [for the Torah] to legislate details of these ideas, for the Torah’s mitzvot apply in every period of history. In every situation, a person must act accordingly, but the appropriate behavior can change, depending on the time and people involved. Nonetheless, the Rabbis wrote several worthwhile details that fall under these principles. The Rabbis enacted some of them as absolute law, while others are merely lechatchilah (ideal) or midat chasidut (especially pious behavior).

One’s primary kavana must be for the first verse, because in saying it we accept the yoke of heaven, as the Torah says: “These words… must be in your heart” (Devarim 6:6). Therefore, one must concentrate in her heart on the words she recites in the first verse. If she did not focus on the words she recited, she did not perform the mitzva (Berakhot 13b; SA 60:5, 63:4).

What does the wise [son] say? "'What are these testimonies, statutes and judgments that the Lord our God commanded you?' (Deuteronomy 6:20)" And accordingly you will say to him, as per the laws of the Passover sacrifice, "We may not eat an afikoman (a dessert or other foods eaten after the meal) after [we are finished eating] the Pesach sacrifice (Mishnah Pesachim 10:8)."

And in each and every generation, a person is obligated to show himself as if he left Egypt, as it is stated (Exodus 13:8); "For the sake of this, did the Lord do [this] for me in my going out of Egypt." Not only our ancestors did the Holy One, blessed be He, redeem, but rather also us [together] with them did He redeem, as it is stated (Deuteronomy 6:23); "And He took us out from there, in order to bring us in, to give us the land which He swore unto our fathers."

(Zayin) There is still more. This [required] study must be from love, such that he not use this trait for anything else at all, ‘but rather his desire is for the Torah of the Lord.’ And these are the words of the Midrash Tanchuma, Noach 3:4-7:
The Israelites did not accept the Torah until the Holy One, blessed be He, arched the mountain over them like a vessel, etc. If you should say it was because of the Written Law, isn’t it true that as soon as He said to them, “Will you accept the Torah,” they all responded (Exod. 24:7), “We will do and hear?” … But rather He said this to them because of the Oral Law, etc. And its jealousy is as harsh as Sheol.²⁸The pit, usually a reference to the nether-world. One does not study the Oral Law unless he loves the Holy One, blessed be He, with all his heart, etc., as it is stated (Deut. 6:5), “And you shall love, etc.” Whence do you learn that this word, “love,” refers only to studying the [Oral Law]? Observe what is written after this (Deut. 6:6): “And these words which I command you this day shall be upon your heart.” And what study is upon the heart? Scripture (Deut. 6:7) states [immediately thereafter], “And you shall review it to your children.” [Hence] this is the study that requires review (i.e. the Oral Law). We learn from these verses that the first part of the Shema (Deut. 6:4-9) does not mention a reward given in this world, while the second part does: “And if you shall hearken diligently, etc., I will give the rain of your land in its season” (Deut. 11:13). This reward is given to those who perform the commandments even though they neglect study [of the Oral Law], etc. As anyone who loves material riches and earthly pleasures is incapable of studying the Oral Law. [This is because] there is considerable anguish and sleeplessness in (store for him who studies) it; one wastes and neglects himself on its account. Therefore its reward is in the hereafter, as it is said (Isaiah 9:1), “The people that walk in darkness have seen a great light,” etc. Therefore the Holy One, blessed be He, established two academies (at Sura and Pumbeditha) for the Israelites where they studied the Torah day and night and where they assembled from all parts of the world twice each year – in the months of Adar and Elul. They came together to “battle” the problems encountered in the Torah until they had resolved them and reached a definitive decision concerning the law. [See there, as it is lengthy.]
And [the Rabbis] said in the Midrash that the Holy One, blessed be He, forced us [to accept the Oral Law] by arching the mountain, such that the Torah would not be severed from us forever. As with a [woman] forced [to have sexual relations], it is written (Deut. 22:19), “he may not send her away all of his days.”²⁹See the next paragraph and note 34. Also the manna that they ate in the wilderness was [given] with this intention. As it is written in Maggid Mesharim of Beit Yosef (R. Yosef Karo), that the manna that the Israelites ate was necessary in order [for them] to receive the Torah without any choice. And these are the words in Yalkut Reuveni, Beshelach: [The angel named] Yafefiyah who is the one who rained down the manna upon Israel, is numerically equivalent (with the letters adding up to 197) to Katseh, who is the angelic minister of Torah; whereas they said (Num. 21:5), “and our souls are sick (katseh)” – to make known that they were sick and disgusted of the manna and of the Torah. See there. And this was forcing them to receive the Torah, as the manna was coming from the minister of the Torah, and it was the bread of mighty ones from which the ministering angels are sustained. [Hence] they no longer had any physical desire or inclination. Rather it was [therewith only] the love of the Torah and of the commandments that was implanted in their hearts. And this [love] remained for [future] generations among the enlightened ones about whom it is stated (Num. 19:14), “when a man dies in a tent.”³⁰ See Berakhot 63b.

(Zayin) There is still more. This [required] study must be from love, such that he not use this trait for anything else at all, ‘but rather his desire is for the Torah of the Lord.’ And these are the words of the Midrash Tanchuma, Noach 3:4-7:
The Israelites did not accept the Torah until the Holy One, blessed be He, arched the mountain over them like a vessel, etc. If you should say it was because of the Written Law, isn’t it true that as soon as He said to them, “Will you accept the Torah,” they all responded (Exod. 24:7), “We will do and hear?” … But rather He said this to them because of the Oral Law, etc. And its jealousy is as harsh as Sheol.²⁸The pit, usually a reference to the nether-world. One does not study the Oral Law unless he loves the Holy One, blessed be He, with all his heart, etc., as it is stated (Deut. 6:5), “And you shall love, etc.” Whence do you learn that this word, “love,” refers only to studying the [Oral Law]? Observe what is written after this (Deut. 6:6): “And these words which I command you this day shall be upon your heart.” And what study is upon the heart? Scripture (Deut. 6:7) states [immediately thereafter], “And you shall review it to your children.” [Hence] this is the study that requires review (i.e. the Oral Law). We learn from these verses that the first part of the Shema (Deut. 6:4-9) does not mention a reward given in this world, while the second part does: “And if you shall hearken diligently, etc., I will give the rain of your land in its season” (Deut. 11:13). This reward is given to those who perform the commandments even though they neglect study [of the Oral Law], etc. As anyone who loves material riches and earthly pleasures is incapable of studying the Oral Law. [This is because] there is considerable anguish and sleeplessness in (store for him who studies) it; one wastes and neglects himself on its account. Therefore its reward is in the hereafter, as it is said (Isaiah 9:1), “The people that walk in darkness have seen a great light,” etc. Therefore the Holy One, blessed be He, established two academies (at Sura and Pumbeditha) for the Israelites where they studied the Torah day and night and where they assembled from all parts of the world twice each year – in the months of Adar and Elul. They came together to “battle” the problems encountered in the Torah until they had resolved them and reached a definitive decision concerning the law. [See there, as it is lengthy.]
And [the Rabbis] said in the Midrash that the Holy One, blessed be He, forced us [to accept the Oral Law] by arching the mountain, such that the Torah would not be severed from us forever. As with a [woman] forced [to have sexual relations], it is written (Deut. 22:19), “he may not send her away all of his days.”²⁹See the next paragraph and note 34. Also the manna that they ate in the wilderness was [given] with this intention. As it is written in Maggid Mesharim of Beit Yosef (R. Yosef Karo), that the manna that the Israelites ate was necessary in order [for them] to receive the Torah without any choice. And these are the words in Yalkut Reuveni, Beshelach: [The angel named] Yafefiyah who is the one who rained down the manna upon Israel, is numerically equivalent (with the letters adding up to 197) to Katseh, who is the angelic minister of Torah; whereas they said (Num. 21:5), “and our souls are sick (katseh)” – to make known that they were sick and disgusted of the manna and of the Torah. See there. And this was forcing them to receive the Torah, as the manna was coming from the minister of the Torah, and it was the bread of mighty ones from which the ministering angels are sustained. [Hence] they no longer had any physical desire or inclination. Rather it was [therewith only] the love of the Torah and of the commandments that was implanted in their hearts. And this [love] remained for [future] generations among the enlightened ones about whom it is stated (Num. 19:14), “when a man dies in a tent.”³⁰ See Berakhot 63b.

(Zayin) There is still more. This [required] study must be from love, such that he not use this trait for anything else at all, ‘but rather his desire is for the Torah of the Lord.’ And these are the words of the Midrash Tanchuma, Noach 3:4-7:
The Israelites did not accept the Torah until the Holy One, blessed be He, arched the mountain over them like a vessel, etc. If you should say it was because of the Written Law, isn’t it true that as soon as He said to them, “Will you accept the Torah,” they all responded (Exod. 24:7), “We will do and hear?” … But rather He said this to them because of the Oral Law, etc. And its jealousy is as harsh as Sheol.²⁸The pit, usually a reference to the nether-world. One does not study the Oral Law unless he loves the Holy One, blessed be He, with all his heart, etc., as it is stated (Deut. 6:5), “And you shall love, etc.” Whence do you learn that this word, “love,” refers only to studying the [Oral Law]? Observe what is written after this (Deut. 6:6): “And these words which I command you this day shall be upon your heart.” And what study is upon the heart? Scripture (Deut. 6:7) states [immediately thereafter], “And you shall review it to your children.” [Hence] this is the study that requires review (i.e. the Oral Law). We learn from these verses that the first part of the Shema (Deut. 6:4-9) does not mention a reward given in this world, while the second part does: “And if you shall hearken diligently, etc., I will give the rain of your land in its season” (Deut. 11:13). This reward is given to those who perform the commandments even though they neglect study [of the Oral Law], etc. As anyone who loves material riches and earthly pleasures is incapable of studying the Oral Law. [This is because] there is considerable anguish and sleeplessness in (store for him who studies) it; one wastes and neglects himself on its account. Therefore its reward is in the hereafter, as it is said (Isaiah 9:1), “The people that walk in darkness have seen a great light,” etc. Therefore the Holy One, blessed be He, established two academies (at Sura and Pumbeditha) for the Israelites where they studied the Torah day and night and where they assembled from all parts of the world twice each year – in the months of Adar and Elul. They came together to “battle” the problems encountered in the Torah until they had resolved them and reached a definitive decision concerning the law. [See there, as it is lengthy.]
And [the Rabbis] said in the Midrash that the Holy One, blessed be He, forced us [to accept the Oral Law] by arching the mountain, such that the Torah would not be severed from us forever. As with a [woman] forced [to have sexual relations], it is written (Deut. 22:19), “he may not send her away all of his days.”²⁹See the next paragraph and note 34. Also the manna that they ate in the wilderness was [given] with this intention. As it is written in Maggid Mesharim of Beit Yosef (R. Yosef Karo), that the manna that the Israelites ate was necessary in order [for them] to receive the Torah without any choice. And these are the words in Yalkut Reuveni, Beshelach: [The angel named] Yafefiyah who is the one who rained down the manna upon Israel, is numerically equivalent (with the letters adding up to 197) to Katseh, who is the angelic minister of Torah; whereas they said (Num. 21:5), “and our souls are sick (katseh)” – to make known that they were sick and disgusted of the manna and of the Torah. See there. And this was forcing them to receive the Torah, as the manna was coming from the minister of the Torah, and it was the bread of mighty ones from which the ministering angels are sustained. [Hence] they no longer had any physical desire or inclination. Rather it was [therewith only] the love of the Torah and of the commandments that was implanted in their hearts. And this [love] remained for [future] generations among the enlightened ones about whom it is stated (Num. 19:14), “when a man dies in a tent.”³⁰ See Berakhot 63b.

Gates opening into courtyards and alleyways and cities and provinces, are required to have mezuzos, as it is said: "In your gateways."¹Deuteronomy 6:9.

(11) And in all instances, he also transgresses (Devarim 6:13): "The L–rd your G–d shall you fear," whereby we have been exhorted to fear the Blessed L–rd all the days of our life. And, when an act [of transgression] comes to hand, we are obligated to arouse our spirit at that time [to the realization that] the Holy One Blessed be He observes the deeds of all men, and "returns them vengeance" according to the evil of the deed; and [in this realization] he will keep from transgressing the will of his Maker. And, of a certainty, one who abandons his soul to this grave transgression of lashon hara and rechiluth violates this positive commandment [of fearing the L–rd].

The root of loving God is loving God with all your heart (Deut. 6:4). Our Creator commanded us to serve him with love,¹The term “love” is the preferred reading. that the love of our soul be bound up with His soul in joy and in His love and with a good heart. And the joy of this love is of such intensity and so overpowers the heart of those who love God, that even after many days of not being with his wife and having a great desire for her, in the hour that a man ejaculates he does not find it as satisfying as the intensity and power of loving²Ibid. God and finding joy in his Creator. And all the pleasures of playing with his children are as naught compared to the pleasures of the heart of the man who loves God with all his heart and soul and with all his might, i.e., with all his thoughts, about how to love God and how to make the public acquire merit and sanctify God’s name, and how to devote himself with love to the Creator,³Berakoth 61b. as did Phineas the priest who dedicated himself with love for his Creator to be zealous in His name. Let him not covet money in a situation where there is a Sanctification of God’s name if he resists taking money, as we find with Abraham, “that I will not take a thread or a shoe latchet” (Gen. 14:23). And so (it was) with Elisha who did not want to take money from Naaman. Let him not neglect the study of the Law because of pleasures, playing with his children or attachment to his wives. Also let him give up leisurely walks, meeting with women, sweet songs, in order that his heart may be whole in the joy of God, toiling and laboring in that which is the will of the Creator. He should take a lesson from one of flesh and blood. If he knew a matter to be the desire of a king, he would not yield nor rest until he fulfilled the will of the king, who is a worm like himself. He would be overjoyed that his deeds received the notice of the king and especially if it met with the will of the Creator who is eternal. Therefore must he labor all the more and seek how to fulfill the will of His commandments. He who serves out of love, occupies himself with Torah and commandments, goes in paths of proper wisdom and occupies himself with Torah and loves God with great love, not for any other reason, and not for fear of evil, nor for the purpose of inheriting the good. But he serves in truth, because the Holy One, blessed be He, is truth and in the end the good will come because of it.⁴Nedarim 62a. He must love the Creator with a great and strong love until he becomes sick because of his love, as the man who is love-sick for the affections of a woman and reels constantly because of his love, when he sits, rises, goes and comes, also when he eats and drinks. He neither sleeps nor slumbers because of this love. Greater than this should love of the Creator be in the hearts of those who love Him and they should be absorbed in it constantly,⁵Rosh ha-Shanah 4a. as we were commanded, “with all thy heart, with all thy soul …” (Deut. 6:4); and this is what Solomon in his wisdom said by the way of simile: “For I am love-sick” (Cant. 2:5). And this is a matter as clear as day and sun, for all who know that love of the Creator is not bound up with the heart of man until he is absorbed in it continuously, so as, for example, to forsake all else in the world outside of Him, as He commanded us “with all thy heart” (Deut. 6:4). This is impossible except through the apprehension of the mind. Therefore this is the truth, and the sum of it all is, that man must understand and study in the wisdoms and disciplines that make known to him his Master⁶Shabbath 75a. according to the intellectual ability that he possesses to understand, consider and comprehend.⁷Maimonides, Hilkhoth Teshuvah, 10:6. And the Creator, blessed be His name and exalted be His revered and awesome fame, commanded us to love and fear His name, as it is written “and thou shalt love the Lord thy God” (Deut. 6:4); and it is said, “thou shalt fear the Lord thy God” (Deut. 6:13). And which is the way in which to love Him and fear Him? In the hour that the individual comprehends the great and wondrous works of God, the Holy One, blessed be He, which are beyond assessment and limit, he immediately loves, praises, glorifies and yearns deeply to know that great, revered and awesome name.⁸Moses Maimonides, Book of the Divine Commandments, trans. Charles Chavel (2 Vols.; London: Soncino Press, 1940), I, 82, commandment 3. And thus did David say, “My soul thirsteth for God for the living God” (Ps. 42:3). And when he reflects upon these matters he will be startled, he will fear, and will tremble that he is a very small and lowly creature standing with poor and scanty knowledge before Him.⁹Maimonides, Hilkhoth Yesode Ha-Torah, 2:2, adds the words, “Who is omniscient,” (literally, “Whose knowledge is complete”). And so did David say, “When I behold Thy heavens the work of Thy fingers etc…. What is man that Thou art mindful of him” (Ps. 8:4).

Rav Yosef Dov Soloveitchik (quoted in Nefesh Harav pp. 267-268) asserts that a pesharah should incorporate lifnim mishurat hadin⁶We dedicated an earlier chapter to the topic of lifnim mishurat hadin. (beyond the letter of the law) and equity. Rav Soloveitchik’s approach depicts pesharah as a loftier, more ideal form of justice, as opposed to a pragmatic way to preserve peace. Rav Soloveitchik bases his understanding on Rashi and the Ramban (on Devarim 6:18), who seem to equate pesharah with the concept of acting lifnim mishurat hadin.⁷Whether Rashi in fact equates pesharah with the concept of acting lifnim mishurat hadin might depend on the proper text of his commentary. Commenting on the Torah’s commandment to do “the right and the good in the eyes of God,” some editions read, “This is pesharah and lifnim mishurat hadin,” while other editions omit the word “and.” Without the word “and,” Rashi appears to consider pesharah and lifnim mishurat hadin to be one and the same, but adding the word “and” might indicate that Rashi considers the two concepts to be similar, but not identical. Similarly, the Rama (Choshen Mishpat 12:2) juxtaposes his discussion of pesharah and lifnim mishurat hadin.

The Sages expanded upon this relatively simple motif. The Gemara, Shabbat 75a, declares, "Any person who is capable of calculating the equinoxes and the solstices, to plot and chart the movement of the celestial bodies comprising the zodiac but fails to engage in such calculations, of him the verse says, 'but the work of the Lord they do not regard and the work of His hands they do not see' (Isaiah 5:12)."⁸Indeed, R. Moshe of Coucy, Sefer Miẓvot Gadol, miẓvot aseh, no. 46, enumerates an obligation to engage in those calculations as one of the 613 commandments. That is also the position of Sefer Yere’im (Vilna, 5659), no. 260. That position is based upon the interpretation presented by the Gemara, Shabbat 75a, of the verse “You shall observe and fulfill, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). “Which wisdom is it that [is regarded as such] in the eyes of the nations?” queries the Gemara. The immediate answer of the Gemara is: “That is, calculation of tekufot and mazalot.” The Gemara’s statement is formulated in support of the dictum of R. Samuel bar Naḥmani in the name of R. Yoḥanan: “Whence [is it derived] that it is incumbent upon a person to calculate tekufot and mazalot? As it is said ‘and you shall observe and perform etc.’” The talmudic interpretation establishing an obligation is based upon employment of the phrase “and you shall observe and perform” in the biblical verse, a term that connotes a binding imperative.
Rambam also considers the exhortation rooted in this verse to be a mandatory obligation but does not include it in his enumeration of the 613 commandments. In the introduction to his Sefer ha-Miẓvot, shoresh bet, Rambam formulates the principle that the number 613 includes only commandments that are explicitly formulated in the Pentateuch. Excluded from that catalogue of miẓvot, asserts Rambam, are all commandments derived on the basis of rabbinic hermeneutics for, declares Rambam, were these also to be included, “the number of miẓvot would equal many thousands.”
In his responsa collection, Pe’er ha-Dor, ed. R. Abraham Chaim Freimann (Jerusalem, 5694), no. 347, Rambam responds to a query regarding the purpose of the commandment with a citation of a dictum of R. Meir, “Ponder His works for from that you will recognize He who spoke and the universe came into being.” Rambam also cites that statement in Hilkhot Yesodei ha-Torah 2:2 and in Sefer ha-Miẓvot, miẓvot aseh, no. 3. The source of the dictum is probably Sifri, Deuteronomy 6:6. Cf., editor’s note, Pe’er ha-Dor, no. 347.
Ramban, in his glosses on Rambam’s Sefer ha-Miẓvot, shoresh alef, s.v. ve-hateshuvah ha-revi’i, understands that, for Rambam, the commandment is rabbinic in nature. That position is also espoused by R. Betzalel Ze’ev Shafran, Teshuvot Ravaz, Oraḥ Ḥayyim, no. 32, who asserts that Rambam omits this commandment from his list of the 613 miẓvot because he regarded it to be rabbinic in nature. That understanding of Rambam is contradicted by the comments of Rambam both in his Sefer ha-Miẓvot and in his Pe’er ha-Dor. See also R. Moshe Sofer, Teshuvot Ḥatam Sofer, VIII, Koveẓ Teshuvot (Jerusalem, 5742), no. 26.
Ramban himself asserts that the study of tekufot and mazalot is not mandatory even as a rabbinic command. Nevertheless, he regards such activity as a desideratum and explains that the statement of the Gemara is hortatory in nature urging those who are capable of doing so to engage in those calculations and to announce forthcoming astronomical occurrences to the nations of the world. A person who is conversant with the fundamentals of astronomy but who fails to explore the ordered nature of the universe is remiss. This verse, as interpreted by the Sages, censures him for not engaging in that enterprise. What is it that the Sages are underscoring in this dictum? What halakhic obligation has this individual failed to fulfill?

The underlying notion is codified by Rambam, Hilkhot Yesodei ha-Torah 2:2, in a totally different context. In defining the thrust of the commandment "And you shall love the Lord your God" (Deuteronomy 6:5), Rambam, at least by implication, informs us that the mizvah does not command an emotion. It is exceedingly, and probably impossibly, difficult to command emotions directly. Sefer Haredim had a similar difficulty explaining the cogency of commanding love of a fellow human being. Accordingly, Sefer Haredim 1:28-29, defines the commandment requiring one to love his fellow as well as the commandment to love the proselyte as commandments requiring concrete physical acts. Rambam, Sefer ha-Mizvot, mizvot aseh, no. 3, as well as Hilkhot Yesodei ha-Torah 2:2, defines the mizvah "And you shall love the Lord your God," in intellectual, rather than emotional, terms.⁹See also Rambam, Guide of the Perplexed, Part III, chap. 28. A person fulfills the mizvah by intellectually recognizing the majesty of the Deity and the grandeur of His creation. Moreover, as elucidated by R. Ovadiah ben David, author of the unidentified commentary published together with that section of the Mishneh Torah, love is directly commensurate with knowledge: the greater the intellectual apprehension, the greater the love. Ahavah and yedi'ah, love and knowledge, become conflated into a single concept. As Rambam, Hilkhot Teshuvah 10:6, declares:

Another practice questioned by Dr. Rabinowitz is constraint in pronouncing the terms Shaddai and Ẓeva'ot. The prohibition against vocalizing the name of God other than in the reading of Scripture, prayer, or recitation of blessings is derived from the positive commandment "The Lord your God shall you fear" (Deut. 6:13). Restraint in not mentioning the name of God in vain is a manifestation of fear and awe. Rav Aḥai Ga'on, She'iltot, Yitro, She'ilta 53, deems this to be a transgression of the negative prohibition "Thou shalt not take the name the Lord your God in vain" (Exod. 20:7). According to numerous authorities, e.g., Rambam Hilkhot Shevu'ot 12:11 (see Teshuvot R. Akiva Eger, no. 25), this prohibition embraces all of the seven names of God. Since both Shaddai and Ẓeva'ot are enumerated among the seven names of the Deity common practice is to use the assonant forms Shakai and Ẓevakot respectively as substitutes for these names. Dr. Rabinowitz' incredulity at this "strange mispronunciation of Hebrew" is misplaced.

That is, that we reflect upon and ponder his mizvot and dicta¹⁰In this exposition in Sefer ha-Miẓvot Rambam includes understanding of Torah as integral to knowledge, and hence love, of God. That is consistent with Rambam’s view that the commandments are the product of divine reason (see Guide of the Perplexed, Part III, chap. 26) and his doctrine of negative attributes. Accordingly, Torah, as the manifestation of divine reason, is integral to the essence of God. Hence, knowledge of Torah is knowledge of God. and his works until we apprehend Him and delight in the ultimate degree of pleasure in apprehending Him. This is the mandatory love. In the words of Sifri: "For it says, 'You shall love the Lord your God' (Deuteronomy 6:5). I do not know how to love God. Therefore, [Scripture] teaches, 'And these matters which I command you this day shall be upon your heart' (Deuteronomy 6:6). From that you will recognize He who spoke and the universe came into being." Behold we have explained to you that through reflection you will succeed in apprehension and achieve pleasure, and love will come necessarily.

That is, that we reflect upon and ponder his mizvot and dicta¹⁰In this exposition in Sefer ha-Miẓvot Rambam includes understanding of Torah as integral to knowledge, and hence love, of God. That is consistent with Rambam’s view that the commandments are the product of divine reason (see Guide of the Perplexed, Part III, chap. 26) and his doctrine of negative attributes. Accordingly, Torah, as the manifestation of divine reason, is integral to the essence of God. Hence, knowledge of Torah is knowledge of God. and his works until we apprehend Him and delight in the ultimate degree of pleasure in apprehending Him. This is the mandatory love. In the words of Sifri: "For it says, 'You shall love the Lord your God' (Deuteronomy 6:5). I do not know how to love God. Therefore, [Scripture] teaches, 'And these matters which I command you this day shall be upon your heart' (Deuteronomy 6:6). From that you will recognize He who spoke and the universe came into being." Behold we have explained to you that through reflection you will succeed in apprehension and achieve pleasure, and love will come necessarily.

The commandment of "Tefillin" is to write four passages i.e. "Kadesh" until "l'moadah [m'yamim yamimah]"(Exodus 13:1-10); "v'haya ki yevi'acha" until "ki b'chozek yad hotziyanu Hashem mimitzrayim" (ibid 11-16); "Sh'ma" until "uvish'arekha" (Deuteronomy 6:4-9) and "v'haya im shamo'ah" until "al ha'aretz" (ibid 11:13-21) Rema: They must be written in this order, that is the order they appear in the Torah and if [the scribe] deviates from this order [the tefillin] are invalid. Ideally the arm-tefillin should be written before the head-tefillin.

(Bet) In Sefer HaIkkarim 3:35,⁹⁰A classic work of Jewish philosophy written by Rabbi Yosef Albo (Spain, c. 1380-1444). [it is written about (Deut. 6:5), “And you shall love the Lord, your God”]: “A person cannot love two things or two persons with a perfect love, for if he loves them both, neither love is perfect since it is divided between two. It is impossible for the lover to be completely united with the loved – such as the idea of love requires – unless the loved is one. […] But since ‘the Lord is one,’⁹¹The reference is to the previous verse, Deut. 6:4. [‘you shall love the Lord, your God’].” See there. And this appears to be the intention of the Scripture (Gen. 22:2), [wherein] the Holy One, blessed be He, says to Avraham, “Please take, etc., whom you love”; but after his passing the test, it is said to him (Deut. 22:16), “Because you have done, etc., your only one from Me” – but it did not repeat, “whom you love.” As the essence of the test was that God, may He be blessed, saw that [Avraham] loved the son he fathered when he was a hundred. And because of this, his love was [divided] and not perfect with Him, may He be blessed. Hence He told him to slaughter his son that he loved. This was in order to negate the love from his son and make it perfect for [God], may He be blessed. And after he passed the test and made his love perfect for God – to the point that in his love, he wanted to slaughter his only son – then his love for his son was already negated; and all of its divisions became wholly for God, may He be blessed. And therefore it no longer mentioned “love” for Yitschak, just “his only one.” And one must dedicate [his] fear and love to His name, may His name be blessed, as we have elucidated. And behold, from undiluted fear, he came to total love. And they said in the Talmud (Shabbat 31a), “‘The fear of the Lord was its storage chest’ (Isaiah 33:6) [… There is] a parable about a man who said to his emissary, ‘Bring […] wheat up to the attic for me.’ [So] he went and brought it up for him. He said to [him], ‘Did you mix a kav of ḥomton into it?’ He said to him, ‘No.’ He said to him, ‘It would have been preferable had you not brought it up.’” And Rashi explains that ḥomton preserves produce from getting wormy. But [it is found] in the Midrash (Shemot Rabbah 30:14), “[‘The fear of the Lord was its storage chest’] – there is a parable about a man who said to his fellow, ‘I have a hundred kor of wheat, a hundred barrels of oil [and] a hundred barrels of wine.’ [The other] said to him, ‘Do you have storehouses to put [them into?’ He said to him, ‘No.’ He said to him, ‘Then] you will have no [benefit] from them.’” And in Tur Bareket,⁹²A commentary on the Shulchan Arukh written by R. Chaim HaKohen (Syria, 1585-1655). it is written that in our Talmud, it is a parable for internal fear, but in the midrash – which calls it storehouses – it is a parable for external fear. See there. And behold, certainly one who has more wheat or fruit will need to have more homton and to have more storehouses to put them in. And for this reason, one who is a master of Torah, the commandments and many good deeds, will need more storehouses and homton – according to the value of the grain and barrels of wine and oil that he has. And if so, he needs more fear of Him, which ‘is his storage chest.’ And for this, he needs cooperation and association with those that fear – those that fear the Lord. And [it is] just like there is cooperation between the one who has grain but does not have storage chests and the one has many storage chests. And with this, it is possible to explain (Ps. 119:63), “I am a companion to all who fear You, to those who guard Your precepts” – since through fear, the commandments will be guarded. And [it is also possible to explain], “Fear God and guard His commandments” (Ecclesiastes 12:13), – as through fear of Him, [a person’s fulfillment of the] commandments will be guarded, like the kav of ḥomton preserves the wheat, and as I wrote in Paragraph Yod adjacently (immediately above).

(Bet) In Sefer HaIkkarim 3:35,⁹⁰A classic work of Jewish philosophy written by Rabbi Yosef Albo (Spain, c. 1380-1444). [it is written about (Deut. 6:5), “And you shall love the Lord, your God”]: “A person cannot love two things or two persons with a perfect love, for if he loves them both, neither love is perfect since it is divided between two. It is impossible for the lover to be completely united with the loved – such as the idea of love requires – unless the loved is one. […] But since ‘the Lord is one,’⁹¹The reference is to the previous verse, Deut. 6:4. [‘you shall love the Lord, your God’].” See there. And this appears to be the intention of the Scripture (Gen. 22:2), [wherein] the Holy One, blessed be He, says to Avraham, “Please take, etc., whom you love”; but after his passing the test, it is said to him (Deut. 22:16), “Because you have done, etc., your only one from Me” – but it did not repeat, “whom you love.” As the essence of the test was that God, may He be blessed, saw that [Avraham] loved the son he fathered when he was a hundred. And because of this, his love was [divided] and not perfect with Him, may He be blessed. Hence He told him to slaughter his son that he loved. This was in order to negate the love from his son and make it perfect for [God], may He be blessed. And after he passed the test and made his love perfect for God – to the point that in his love, he wanted to slaughter his only son – then his love for his son was already negated; and all of its divisions became wholly for God, may He be blessed. And therefore it no longer mentioned “love” for Yitschak, just “his only one.” And one must dedicate [his] fear and love to His name, may His name be blessed, as we have elucidated. And behold, from undiluted fear, he came to total love. And they said in the Talmud (Shabbat 31a), “‘The fear of the Lord was its storage chest’ (Isaiah 33:6) [… There is] a parable about a man who said to his emissary, ‘Bring […] wheat up to the attic for me.’ [So] he went and brought it up for him. He said to [him], ‘Did you mix a kav of ḥomton into it?’ He said to him, ‘No.’ He said to him, ‘It would have been preferable had you not brought it up.’” And Rashi explains that ḥomton preserves produce from getting wormy. But [it is found] in the Midrash (Shemot Rabbah 30:14), “[‘The fear of the Lord was its storage chest’] – there is a parable about a man who said to his fellow, ‘I have a hundred kor of wheat, a hundred barrels of oil [and] a hundred barrels of wine.’ [The other] said to him, ‘Do you have storehouses to put [them into?’ He said to him, ‘No.’ He said to him, ‘Then] you will have no [benefit] from them.’” And in Tur Bareket,⁹²A commentary on the Shulchan Arukh written by R. Chaim HaKohen (Syria, 1585-1655). it is written that in our Talmud, it is a parable for internal fear, but in the midrash – which calls it storehouses – it is a parable for external fear. See there. And behold, certainly one who has more wheat or fruit will need to have more homton and to have more storehouses to put them in. And for this reason, one who is a master of Torah, the commandments and many good deeds, will need more storehouses and homton – according to the value of the grain and barrels of wine and oil that he has. And if so, he needs more fear of Him, which ‘is his storage chest.’ And for this, he needs cooperation and association with those that fear – those that fear the Lord. And [it is] just like there is cooperation between the one who has grain but does not have storage chests and the one has many storage chests. And with this, it is possible to explain (Ps. 119:63), “I am a companion to all who fear You, to those who guard Your precepts” – since through fear, the commandments will be guarded. And [it is also possible to explain], “Fear God and guard His commandments” (Ecclesiastes 12:13), – as through fear of Him, [a person’s fulfillment of the] commandments will be guarded, like the kav of ḥomton preserves the wheat, and as I wrote in Paragraph Yod adjacently (immediately above).

“May the Lord cut off all flattering lips, The tongue that speaketh proud things!” (Ps. 12:4). He who relates evil gossip is regarded as if he had denied God,¹Arakhin 15a. for it is written after that, they “who have said: ‛Our tongue will we make mighty: Our lips are with us: who is our lord over us?’” (Ps. 12:5). Gossip, which knows no limit, see how powerful it is, and let us take a lesson from the “spies.”²They were sent by Moses to search out the Holy Land. (See Numbers 13 and Deuteronomy 1:22.) Even when one slanders wood and stones, which do not hear and see, there is concern for their shame, so much more when one slanders his neighbor who is created in the (divine) image and likeness, “What shall be given thee, and what shall be done more unto thee, Thou deceitful tongue” (Ps. 1:23). The Holy One, blessed be He has said to the tongue, “What shall I do to you? All of man’s limbs are from without, you are within. Moreover, I have made for you two walls, one of bone and one of flesh; of bone, the teeth; and of flesh, the lips.” “In the multitude of words there wanteth not transgression” (Prov. 10:19). A man should always increase (his) silence ³Maimonides, Hilkhoth Deoth, 2:4. and not speak at all, except (to indulge) in the words of the wise or in matters necessary for the needs of his body. It has been said of Rav, the student of Rabenu (Judah) the Pious, that in all his days he never indulged in idle talk.⁴Yoma 19b. All who indulge in ordinary talk transgress a positive commandment as it has been said, “And shalt talk of them (Deut. 6:7) and not in other matters.”⁵Ibid. And (we know) that a prohibition which has been derived by implication from a positive command is a positive command.⁶Yebamoth 56b. Others say, he violates both a prohibition and a positive command, as it is said, “all things toil to weariness; man cannot utter it …” (Eccl. 1:8). And even involving bodily needs, let his words not be excessive, but sparing, and concern only those matters which are deemed necessities.⁷Hagigah 5b. And so with words of Torah let a man’s talk be brief and the content great. For so have the scholars said, “let a man always teach his students by way of the short method.” ⁸Pesahim 3b. But if his words are many and the content meagre, it is then foolishness, as it is written, “And a fool’s voice through a multitude of words” (Eccl. 5:2). A safeguard to wisdom is silence.⁹Aboth 3:17. Therefore let a man not be hasty in answering¹⁰Derekh Eretz Zuta, Chapter II. nor speak excessively. Also let him teach his student with composure and quietness, without shouting or lengthiness, for “the words of the wise (are) spoken in quiet” (Eccl. 9:17).

(Hay-Nun) ‘Behold man is the one’ in which there is one shrine, as we have elucidated in most of the sections of this introduction of ours. And [it is] as it is [found] in the Zohar, Parashat Korach 94 (3:176a-b), “The One only dwells among the one.” See there. And the unity that [comes] as a result of the commandments permitted the Divine Presence to dwell among Israel through the twenty-two letters of the Torah. As included in it are the six hundred and thirteen commandments – the three hundred sixty-five positive commandments and the two hundred and forty-eight negative commandments – corresponding to the sinews and limbs of a man.⁹⁷Targum Yonatan on Genesis 1:27; Zohar 1:170b. And so was it explained in Paragraph Tzaddi in explanation of the verse (Isaiah 59:2) “But your iniquities have been a barrier between you,” that [the Jews] are united through the commandments and divided one from another through sins.⁹⁸This specific verse is not explained in our text. However the topic is broached in Paragraph Tsadi, and it is possible that this is the reference here, and not Paragraph Bet, as appears in the printed editions. However, it is even more likely that the reference is to Binah Le’Etim (Drash 48) of Rabbi Azariah Figo, as per the correction found in the New York Shivelei David edition, as both the verse and the idea are found there. (Hence the notation Si. Bet, which was understood as a reference to Siman Bet, should have been S. Bet, which could mean Sefer Binah Le’Etim.) And this was the intention of Hillel who said to the convert, “[‘And you shall love your neighbor as yourself’ (Lev. 19:18)] – that is the entire Torah, and the rest is its explanation. Go study.”⁹⁹Shabbat 31a. [Its] explanation is that the other commandments are explanations of the unity through which Israel joins together and becomes one. And this is also elucidated in the midrash (Vayikra Rabbah 13:3) that says, “What does the Holy One, blessed be He care if he slaughters, etc.? Behold, [the commandments] were only given to refine (letsaref, which can also mean, unite) the creatures, as it is stated (Prov. 30:5), ‘the word of God is refined.’” [Its] explanation is that through the commandments, the Children of Israel will be unified. And also there in Midrash Rabbah on Parashat Vayechi,¹⁰⁰The reference seems to be to Bereishit Rabbah 98:3. Differing versions of the midrash are brought in several other places such as Midrash Tanchuma, Vayehi 8:2. “Yaakov said to his sons, ‘Maybe because you come from four mothers, you have a tinge of idolatry?’ They said to him, ‘It is written (Num. 1:20), “according to the house of their fathers” – just like there is only One in your heart.’” And the author of the Yafeh Toar¹⁰¹A commentary on Bereishit Rabbah by Rabbi Shmuel Yafeh Ashkenazi (Turkey, 16th century). did not know its explanation. But it appears to me that [it can be explained] according to what [Maharal] writes in Netsach Yisrael¹⁰²See Netsach Yisrael, Chapter 32 (p. 153 in London edition). – [that the] reason that Rachel gave the signs to Leah¹⁰³In Bava Batra 123a, the rabbis write that Yaakov had given Rachel a type of code (signs) in case an impostor be sent to his tent in her place on their wedding night. When Rachel found out the plot to have Leah be that impostor, she gave Leah the signs to prevent her from being embarrassed. was because she knew that it was not fitting for Yaakov to father all twelve of the tribes from one woman. And had it been so, they would have all been one, whereas that is not fitting for this lowly [world] – as its nature inclines away from the way of oneness. And this causes sin in Israel until the future to come (messianic times) speedily in our days. See there. And this is [the meaning of that which Yaakov said to his sons, “Maybe because you come from four mothers, it is impossible that you will be unified; and sin caused it, as the One can only dwell among one.” But they answered him, “It is written, ‘according to the house of their fathers’ – and there is one Father to all of us and there is One in our hearts. And God, may He be blessed, will be unified through us.” And it is as our teacher Rabbi Yitschak Abarbanel writes in explanation of the verse (Gen. 2:24), “and they shall become one flesh,” like Rashi explained – through the embryo that is created from both of them. And the portion of each one is in the many limbs. Even though the embryo loves itself; yet through this the father and the mother [also] love each other, as a branch produces love in [its] roots. And this is the intention of the statement of [the Sages], may their memory be blessed, “‘And you shall love [the Lord your God], etc.’ (Deut. 6:5) – [that the name of the Heavens be loved through you¹⁰⁴This is the text found in the Talmud, and it is possibly what was written by the author. However, most versions of the Shev Shmat’ta have, “both of them will be beloved through the Torah scholar,” possibly relating to the mother and father.]” (Yoma 86a). And that means that the higher forces become unified, as all of them gave their portion to man and he is a branch from them – and love will sprout from the roots. And hence one should have intention for this unification before every [Torah] study [session] and good deed, as a fulfillment of the commandment of “and you shall love your neighbor, etc.” And [then] all of Israel will be one, and also all of the ones that gave birth to them will love each other and be unified.¹⁰⁵The author returns here to the theme with which he began this essay in the introductory paragraph and Paragraph Gimmel. And with what I have elucidated, their statement at the end of Tractate Eduyot is understood, “[Eliyahu] will not come to make distant or to bring close, but to make peace [among them], as it is stated (Mal. 3:23-24), ‘Behold, I will send, etc. [He shall bring back the hearts of the children to their fathers’” (Mishnah Eduyot 8:7). [This is] meaning that [the children] will be called by the name of their fathers, but there is [only] one Father to us all. And the world will then be fit for it. And then we shall see the joy of Zion and the building of Jerusalem, speedily in our days. Amen, Selah.

This analysis of Rashi's comments is expressly formulated by R. Zevi Ashkenazi, Teshuvot Hakham Ẓevi, no. 77. Hakham Ẓevi states explicitly that, in a situation in which "life" is not evident at the nose for whatever reason but is evident at the heart, the presence of cardiac activity is itself sufficient to negate any other presumptive evidence of death.⁴⁵See R. Eliezer Waldenberg, Ẓiẓ Eli’ezer, X, no. 25, chap. 4, sec. 7. Cf. also, Ẓiẓ Eli‘ezer, IX, no. 46, sec. 5, who cites medieval writers on physiology—among them Sha‘ar ha-Shamayim, a work attributed to the father of Gersonides—who declare that life is dependent upon nasal respiration because warm air from the heart is expelled from the nose and cold air which cools the heart, enters through the nose. It was thus clearly recognized that respiration without cardiac activity is an impossibility. Hakham Ẓevi notes that in some cases a heartbeat may be imperceptible even though the individual is still alive. A weak beat may not be audible or otherwise perceivable since the rib cage and layers of muscle intervene between the heart itself and the outer skin. Respiration is more readily detectable and hence the insistence upon the examination of the nostrils. However, concludes Hakham Ẓevi, "It is most clear that there can be no respiration unless there is life in the heart, for respiration is from the heart and for its benefit." According to Hakham Ẓevi, cessation of respiration constitutes the operative definition of death solely because lack of respiration, in usual circumstances, is also indicative of cessation of cardiac activity.⁴⁶Ḥakham Ẓevi’s original ruling elicited the sharp disagreement of R. Jonathan Eibeschutz and sparked a controversy which has become classic in the annals of Halakhah. The dispute centered around a chicken which, upon evisceration, proved to have no discernible heart. The chicken was brought to Ḥakham Ẓevi for a determination as to whether the fowl was to be considered treifah because of the missing heart. Ḥakham Ẓevi ruled that the chicken was kosher because it is empirically impossible for a chicken to lack a heart since there can be no life whatsoever without a heart. The chicken clearly lived and matured; hence it must have had a heart which somehow became separated from the other internal organs upon the opening of the chicken and was inadvertently lost. The impossibility of life without a heart, in the opinion of Ḥakham Ẓevi, is so obvious a verity that he declares that even the testimony of witnesses attesting to the absence of the heart and the impossibility of error is to be dismissed as blatant perjury. R. Jonathan Eibeschutz, in a forceful contradictory opinion, argues that such a possibility cannot be dismissed out of hand. In his commentary on Yoreh De‘ah, Kereti u-Peleti 40:4, R. Jonathan Eibeschutz contends that the functions of the heart, including the pumping of blood, might well be performed by an organ whose external form is quite unlike that of a normal heart and which may even be located in some other part of the body. This organ might be indistinguishable from other, more usual, tissue and hence the observer might have concluded that the animal or fowl lacked a “heart.”
There is nothing in this opinion which contradicts the point made on the basis of Ḥakham Ẓevi’s responsum with regard to determination of the time of death. R. Jonathan Eibeschutz concedes that life cannot be sustained in the absence of some organ that performs cardiac functions. R. Jonathan Eibeschutz argues only that, in the apparent absence of a recognizable heart, cardiac functions may possibly be performed by some other organ; he does not at all assert that life may continue following cessation of the functions normally performed by the heart. Similarly, R. Moses Sofer, Teshuvot Hatam Sofer, Yoreh De'ah, no. 338, rules that absence of respiration is conclusive only if the patient "lies as an inanimate stone and there is no pulse whatsoever." In the same vein R. Joseph Saul Nathanson, Yad Sha'ul, Yoreh De'ah 394, declares, "It is clear as the sun that the indicator of life is the beating of the heart or breathing of the nose." These sources indicate clearly that death occurs only upon cessation of both cardiac and respiratory functions.⁴⁷It must be emphasized that among both early-day and latter-day authorities there is not to be found a single commentator who contradicts Rashi’s exposition in any way. Although some authorities, including Teshuvot Radbaz, V, no. 108, and Bet Yosef, Oraḥ Ḥayyim 60, assert that Rashi’s commentaries are not to be given the same weight as normative rulings of codifiers of the law, that principle of halakhic decision-making is not germane to the question at hand. Ḥazon Ish asserts that this principle is limited to comments that might reflect hypothetical positions or that might be construed as explaining an individual opinion recorded in the Gemara, but not to be applied to comments that are clearly intended as normative and definitive. Moreover, declares Ḥazon Ish, “All this could be discussed if there were some [authority] who disputed the matter and we would have need of deciding in accordance with the majority of opinions. But in the instant case in which we have not found a single early authority who disputes this matter, certainly the testimony of early authorities is accepted by us as that which was spoken to Moses at Sinai.” See letter of Ḥazon Ish included by R. Kalman Kahane in his article on the international dateline, Ha-Ma‘ayan, Tammuz 5714, pp. 31–38 and reprinted in R. Menachem Kasher, Kav ha-Ta’arikh ha-Yisra’eli (Jerusalem, 5737), p. 195. See also Ḥazon Ish, Koveẓ Iggerot (Bnei Brak, 5750), no. 15, as well as Me’iri, Ḥullin 32a. It should also be noted that the principle formulated by Bet Yosef and Radbaz is entirely negated by some authorities; see R. Chaim Joseph David Azulai, MaḤazik Berakhah, Yoreh De‘ah 12:1 and idem, Birkei Yosef, Ḥoshen Mishpat 25:31. See also this writer’s comments, Or ha-Mizraḥ, Tishri 5749, pp. 86–88. Rabbenu Baḥya, in his commentary on Deuteronomy 6:5, describes the heart as the last of the organs of the body to die and remarks that the phrase "with all your heart" indicates that love of God must persist until the last moment of life, i.e., when death becomes complete upon cessation of the beating of the heart. The absence of other vital signs is not, insofar as Halakhah is concerned, sufficient to establish that death has occurred.

תפילין that were written by a slave, or a woman, or a minor - even if he reached [the age of] training [in mitzvot], (or a non-Jew), or a Samaritan, or a transgressor/apostate who served idols, or an informer are invalid because [of what] is written "And you shall bind them as a sign on your hand… and you shall write them on the doorposts of your house" (Deuteronomy 6:8–9): [which is expounded to mean] - All that are not [commanded] in binding or do not believe in it, are not [suitable] for writing.

In the final analysis, none of the foregoing arguments may be dispositive. Rema, Hoshen Mishpat 259:7, 356:7 and 368:1, rules that both lost and stolen property must be returned to the original owner by a successor in due course, even though ye'ush has occurred, and even if the property in question has been rescued from imminent destruction. The obligation to restore lost or stolen property even under such conditions is in the nature of an obligation "beyond the boundary of the law" (lifnim mi-shurat ha-din). Such obligations are duties imposed by considerations of equity rather than by virtue of statutory law.²⁹Reflected in the parallel provisions of din and lifnim mi-shurat ha-din are principles roughly equivalent to the common law concepts of law and equity. In instances of ye’ush, zuto shel yam or kibush milḥamah, title becomes extinguished by operation of law but the original owner may still recover his property on the basis of considerations of equity. In early common law, actions in law and actions in equity were brought before different judicial bodies and were adjudicated in accordance with somewhat different principles. Although Jewish law never provided for separate tribunals, it contains a number of distinctions between adjudication on the basis of law and adjudication on the basis of equity. For example, as noted earlier, Rema, Ḥoshen Mishpat 259:3, states that when return of lost property is commanded by equity, but not by law, a poor man cannot be compelled to restore lost property to a wealthy individual.
Insofar as lost or stolen property is concerned another distinction arises. An award of chattel to the original owner by operation of law is, in effect, a decision that the title always remained vested in the original owner. The judicial verdict is merely a determination that the title vested in the original owner was never extinguished. On the other hand, an order commanding return of property on the basis of considerations of equity recognizes that title has indeed passed to the purchaser or finder but demands that such title be transferred back to the original owner. However, until that is actually accomplished, title remains in the hands of the finder or purchaser. For that reason, concludes Rabbi Teitz, one who is bound to return sacred books to their original owner by reason of an obligation which is “beyond the boundary of the law” may nevertheless enjoy the use of those volumes until the rightful owner is located. One who is obligated to return such volumes as a matter of law enjoys no such right.
Imrei Yosher permits use of such books by one who is in possession of them on other grounds. Imrei Yosher draws attention to the disagreement among halakhic authorities as to whether or not one may temporarily utilize lost property that bears no unique identification mark but that, nevertheless, does not automatically become the property of the finder. He declares that all would agree that a person may make use of plundered sacred books purchased from looters or their successors since “he has paid money and has performed a miẓvah.” Presumably, the consideration underlying this ruling is that the purchaser is entitled to reimbursement of the funds expended in retrieving the stolen property and retains a lien against such property for satisfaction of that claim. Since it is uncertain that the purchaser will ever be able to restore the property to its rightful owner and recover his expenses, he may, in effect, execute his lien by making use of the books. Seridei Esh, however, expresses reservations with regard to this position but nevertheless opines that a scholar who has custody of books belonging to the library of a rabbinical seminary may make use of them pending their return since “the administration of the library certainly would have lent them to him ….” Nevertheless, obligations of this nature are regarded by the Gemara, Baba Mezi'a 30b, as binding by virtue of biblical law. Elsewhere, the Gemara, Baba Mezi'a 16b and 108a, predicates certain similar obligations upon the verse, "And you shall do what is right and good in the eyes of the Lord" (Deuteronomy 6:18). Shakh, Hoshen Mishpat 259:3, states that despite its extralegal nature, fulfillment of this obligation with regard to the restoration of lost or stolen property may be compelled by the court.

[The verse states:] "Which I have commanded you today," (Deuteronomy 6:6) - which teaches that every day it should appear in your eyes as if it was new, and not like someone who already heard it many times and is [therefore] not precious to him.

The laws of the commandment are, for example, the many [prohibitions] that they, may their memory be blessed, warned us about; that they made known to us - in order to warn us more about the thing - that the Torah warned about it in twenty-one (and see the Lemberg edition, that reads, twenty-four) places (Bava Metzia 39b); that they also wrote to strengthen the commandment, that with the same expression that we were commanded about the love of the Omnipresent, we were [also] commanded about the love of the convert - as with the Omnipresent, it is written (Deuteronomy 6:5), "And you shall love your God"; and with the convert, it is written (Deuteronomy 10:19), "And you shall love the convert." And many things like this are in Midrash and in a few places in the Gemara (see Tur, Choshen Mishpat, 307).

Several Responsa serve as precedents for asserting that a man followed his regular routine.³⁰In addition to the sources that we discuss, see Teshuvot Igrot Moshe (E.H. 1:7). Rav Yitzchak Herzog (Teshuvot Heichal Yitzchak, E.H. 2:9:2) considers the possibility of partially relying on a husband’s patterns to determine that a man was at a particular place where a bridge collapsed into the water.³¹Although a pattern is sometimes called a “chazakah,” it is a very different concept than the chazakah that we mentioned earlier, which referred to the assumption that the status quo has been maintained. He notes that the Taz (Yoreh Deah 69:24) rules that if a woman is unsure if she salted a piece of meat before she cooked it, she may assume that she followed her normal pattern of salting the meat. As a precedent, the Taz cites the Gemara’s ruling (Berachot 16a) that if one is reading the Shema and is unsure if he has read the verse of “Uch’tavtam” from the first section of Shema or the second section, the doubt is resolved if he had begun to read the verse of “L’ma’an yirbu,” which follows “Uch’tavtam” in the second section (see Devarim 6:9 and 11:20-21). Since people normally recite Shema in the proper order, a person may assume that he followed his usual routine and proceeded to the next verse of the second section because he had recited everything until then.

“Bring ye the whole tithe into the storehouse etc.… And try Me now herewith” (Mal. 3:10). So important is tithing, that here the Holy One, blessed be He, said, “Try Me,” unlike all other instances where it is forbidden to test Him, for it is written “Ye shall not try the Lord your God” (Deut. 6:16).¹Taanith 9a. That tithe alluded to is the poor man’s tithe, to give to the poor a tithe from everything wherein a person profits, whether from interest or his own hire or from anything which comes to a person profitably. If he found or they returned to him goods stolen from him,²Valuables that he had given up for lost. he must tithe, as it is written in Scripture.³The words “whole tithe” is taken to imply all sorts of revenue accruing from all sources, foreseen and unforeseen. (Perush.) For Israel had not yet been among the nations of the world lending at interest.⁴The Bible does not mention income from interest since it was then not prevalent. Woe unto them that withhold their tithes, for ultimately nothing will remain in their hands but the poor man’s tithe, as it is written, “And everyman’s hallowed things shall be his” (Num. 5:10).⁵Berakoth 63a.

That is that He commanded us to love converts. And that is His saying, "And you shall love the stranger" (Deuteronomy 10:19). And even though he was included regarding this with [all of] Israel, in His saying, "and you shall love your neighbor as yourself (Leviticus 19:18) - since this stranger is a convert (and a full member of Israel) - however because he entered into our Torah, God added love upon love and designated an additional commandment for him. [This is] as He did with the prohibition of, "And you shall not oppress" (Leviticus 25:17); He [also] said, "And you shall not oppress a stranger" (Exodus 22:20). And it is explained from the language of the Gemara (Bava Metzia 59b) that we are liable by oppressing the convert on account of, "And you shall not oppress," and on account of, "And you shall not oppress a stranger." [So] we are also obligated to love him on account of, "and you shall love your neighbor as yourself," and on account of, "And you shall love the stranger." And this is clear - there is no doubt about it. And I do not know a [single] man from whoever counted the commandments that botched this. And in most [books of] Midrash, they explained that God commanded about the convert, just like He commanded us about Himself - He said, "And you shall love the Lord, your God" (Deuteronomy 6:5), and He said, "And you shall love the stranger." (See Parashat Ekev; Mishneh Torah, Human Dispositions 6.)

Laws of Honoring Father and Mother It is a positive commandment that a person should honor his father and his mother and fear them. And he must be very careful about their honor and about their fear, since their honor is compared to the honor of the Omnipresent: As it is written (Exodus 20:11), "Honor your father and your mother"; and it is written (Proverbs 3:9), "Honor the Lord with your wealth." And regarding their fear, it is written (Leviticus 19:3), "A man shall fear his mother and his father"; and regarding the fear of the Omnipresent, it is stated (Deuteronomy 6:13), "You shall fear the Lord, your God." And the Sages said (Kiddushin 30b), "There are three partners in a person: The Holy One, blessed be He, his father and his mother [...] When a person honors his father and mother, the Holy One, Blessed be He, says, 'I ascribe credit to them as if I dwelt between them and they honored Me as well.'" With honor, He had the father precede the mother, as it is written, "Honor your father and your mother'; but with fear, He had the mother precede the father, as it is written, "A man shall fear his mother and his father" - to teach that both of them are the same, both for honor and for fear. And what is fear and what is honor? Fear: One may not stand in his place and one may not sit in his place - the explanation is in his particular place to stand amidst the council of elders with his colleagues in counsel. But the Ramah (R. Meir HaLevi Abulafia) wrote that the same is the law regarding his particular place to sit in his house. And he may not contradict his words, nor may he determine his words. And Rashi explained [that] if [his father] was disagreeing about a matter of law with someone else, he may not say, "The words of x appear [correct]." But the Ramah wrote that this is not necessary [to say], as that is contradicting his words. Rather even if the words of his father appear [correct] to him, he may not say, "The words of my father appear [correct]" - as it appears as if he is determining [the correctness of] the words of his father. However, if he has an answer to answer those that are arguing [with his father], he may answer [them]. And the Rambam wrote (Mishneh Torah, Rebels 6:3): He should not call him by his name - not in his lifetime and not in his death - but he should rather say, "Father, my teacher." If his name is the same as the name of others, he should [also] change their names. And it appears to me that one only needs to be careful about this with a name that is unusual, such that not everyone uses it. But with names that all of the people call [their offspring], such as Avraham, Yitzchak, Yaakov, Moshe and Aharon and that which is similar to them, one can use them to call others in any language and at any time and there is no [problem] with this. To here [are his words]. And that which he wrote that he should not call others whose names are the same as his father with their names is a wonder! And up to where (how extensive) is their fear? Even if one was dressed in fine clothing and sitting at the head of the community, and his father and mother came and tore his clothes, struck him on his head and spit in front of him - he should not embarrass them but rather be quiet and fear the King of the kings of kings, who commanded him about this. As if flesh and blood had decreed something that is more distressing than this upon him, he would not have [even] twitched about the matter; all the mores so, with the King of the kings of kings, the Holy One, blessed be He. And what is honor? One gives [his parent] food and he gives him drink, and he gives it with a pleasant countenance, and he does not show him an angry face. As even if he feeds him fattened fowl every day, but he shows him an angry face, he is punished for it. And that which he gives him food and he gives him drink - that is from [the resources of] the father, if he has; but the son is not obligated to give him from his [own resources]. However if the father does not have and the son does have, we force him and he sustains the father according to what he can [afford]. But if the son does not have, he is not obligated to [knock on] doors to feed his father. But he is obligated to honor him with his body, even though through this, he [becomes] idle from his work and [then] become required to [knock on] doors. And the Ramah wrote [that this is] specifically when the son has sustenance that will sustain [himself] that day. But if he does not have [it], he is not obligated to be idle from his work and to [knock] on doors. And he should serve him in other things with which a servant serves his master. And he is obligated to honor him in the rest of his ways - in his buying and selling, and the doing of his wants. How is this? If he needs to request anything in the city and he knows that they would fulfill his request for the sake of his father - even though he knows that they would also fulfill the thing for his sake, nevertheless, he should not say, "Do this one thing for my sake," but rather, "for the sake of Father," in order to attach the honor to his father. And likewise with anything that is like this, he should include [him] in all of his words, such that he is concerned about the honor of his father and his fear. However if he knows that they will not fulfill his [request] for the sake of his father, he should request [it] for his own sake and not for the sake of his father, as it would only be a disgrace for him - since they will not do it for his sake. And one is obligated to stand before him. The Rambam wrote (Mishneh Torah, Rebels 6:3) [that] a father who is the student of his son - the father does not stand before the son. And not only that, but the son must stand before his father, even though he is his student. And my master, my father the Rosh, may his memory blessed, wrote that each one must stand before the other. And up to where (how extensive) is honor? Even if [the parent] takes his purse full of coins and throws it to the sea in front of him, he should not embarrass him. And the Rambam wrote (Mishneh Torah, Rebels 6:7) [that it is] even if he threw the purse of the son to the sea. But RI explained that according to that which we decide that he need not honor him from his [own resources], if he throws the son's purse, he may prevent him. Rather [the Talmud's case] is saying with the purse of his father, he may not embarrass him in order to prevent him, even though he will inherit it. The Ramah wrote that which the son can embarrass the father with his [own] purse is only before he threw it to the sea, as it is possible that he will be prevented and not throw it. But after he throws it, it is forbidden to embarrass him; as what has happened, has happened. So now when he is silent, it is honor that does not involve financial loss, so he is obligated about it. But it is permissible to make a claim against him in court. He is obligated to honor him even after his death. How is that? If he says a matter he heard from his mouth, he should not say, "So said Father, my teacher." Rather, he should say, "So said Father, my teacher, may I be an atonement for his resting." To what does this apply? Within twelve months [of his death]. But after twelve months, when he mentions him, he says: May his memory be for a blessing." The Rambam wrote (Mishneh Torah, Rebels 6:10), "If one's father or mother has become mentally insane, he should make an effort to behave toward them according to their state of mind until they will be shown mercy. But if it is impossible for him to stand [it], because they have become utterly insane, he may leave them and go away, charging others to take proper care of them." But the Ravaad wrote, "This is not a correct ruling - if he leaves them and goes away, who will he command to watch them?" If one saw that his father was transgressing a Torah matter, he should not say to him, "You transgressed a Torah matter." Rather, he should say to him, "Father, such and such is written in the Torah." And from his reminding him, he will understand on his own and will not be embarrassed. If his father said to him, "Give me water to drink," and there was another commandment before him to do: If it is possible for the commandment to be done by others, he leaves it for others to do and occupies himself with the honor of his father. But if there are not others there to do it, he should occupy himself with the commandment and leave the honor of his father, since he and his father are obligated by the commandment. Torah study is greater than honoring father and mother. If his father said to him, "Give me water to drink"; and his mother said to him, "Give me water to drink," he leaves the honor of his mother and occupies himself with the honor of his father, since his mother is also obligated in honoring his father. But if they are divorced - such that she is not obligated in his honor - then both of them are the same, to honor them one like the other. If his father said to him to transgress a Torah matter - whether he says to him to transgress a negative commandment or he says to him to negate (not do) a positive commandment, even a [rabbinic] commandment - he should not listen to him. And my master, my father the Rosh wrote in a responsum [that] if the father commands his son not to speak with x, such the he should not forgive him for what he did to him until a set time; whereas the son wants to appease him, except that he is concerned about his father's command, he should not be concerned about his father's command. As it is forbidden to hate any person unless he saw him sinning. And [that] the father commanded him to hate; it is not in his power to make him transgress a Torah matter! And it is the same with a man or a woman - they are the same regarding the honor and fear of father and mother. However a man has [the wherewithal] in his hands to do [it], whereas a woman does not have [the wherewithal] in her hands to do [it], since the authority of others (her husband) is upon her. Therefore if she is divorced or widowed, they are both the same. The Rambam wrote (Mishneh Torah, Rebels 6:11) [that] a mamzer (someone born of a forbidden union) is obligated in honoring his father and his mother and in their fear, even though he is exempt about hitting them and cursing them until they repent. Even if one's father is wicked and sinful, he must honor him and fear him. But it appears to me that since he is wicked, he is not obligated to honor him. [It is] as we say (Bava Kamma 94b) concerning [those] whose father left them a stolen cow, [that] they are obligated to return [it] for the honor of their father. And it asked, "Behold, he does not do the deeds of your people" - its explanation is, so they are [for that reason] not obligated to honor him. And it answers, "When he repented." Therefore the whole time he has not repented, they are not obligated to honor him. Even though a person is obligated to fear his father and his mother greatly, it is forbidden [for the parent] to make his yoke heavy upon his children and to be exacting with them about his honor, so as not to bring them to an obstacle. Rather he should forgive and avert his eyes from them; since when a father foregoes his honor, his honor is forgiven. And they would excommunicate someone who strikes his adult son; as behold, he is transgressing, "you shall not put an obstacle in front of the blind" (Leviticus 19:14). A person is obligated to honor the wife of his father - even though she is not his mother - so long as his father is alive; and he is obligated to honor his mother's wife, so long as his mother is alive. But after [the blood relative's death], he is not obligated in their honor. Nevertheless, it is a commandment to honor them, even after the death. A person is obligated in the honor of his older brother like the honor of his father. And he is obligated to honor his father in law, as it is written (that David said to Shaul in I Samuel 24:12), "My father, my father, see and see."

From when should a person begin to teach a son? From when that the son begins to speak, [the father] should teach him: "Moses commanded us a law" etc. (Deuteronomy 33:4) and the first verse of the Shema (Deuteronomy 6:4). After that, he should teach him little by little until the child is six or seven, and then he should take the child to a teacher of children.

It is from the roots of the commandment [that] since God, may He be blessed, chose the tribe of Levi from among his brothers for his service in the Temple always, therefore it was from His kindness to them to give them their sustenance in an honorable way. As so is it proper for the servants of the King that their meals should be readied for them by others - that they should prepare it for them and that [the Levites] should not have to toil in anything besides the precious service of the King. And even though they were twelve tribes - and according to their equal portion, it would have been fitting that they take one twelfth part - this advantage to them is also for their glory. As since they are from the house of the King, it is fitting that their portion be more than all [the rest] of them. And it is a big advantage that the tenth part come to them free from all of the expenses of the land. And the blessing of God, may He be blessed, rests upon everything that belongs to the one who sustains the servants of God with his money. And this is what they, may their memory be blessed, said (Mishnah Avot 3:13), "Tithes are a safeguarding fence around wealth." They, may their memory be blessed, also said (Taanit 9a) that it is forbidden for a person to think in his heart and say, "I will test if God does good to me [for] my involvement in His commandments"; and about that which is similar to this is it stated (Deuteronomy 6:16), "Do not test the Lord, your God" - except for in this commandment. As it is permitted to test if God will bless him [for] his doing it and [for] his being alacritous about it. And it is made explicit by the prophets, as it is stated (Malachi 3:10), "Bring the entire tithe into the storehouse, etc. and put Me to the test with it, said the Lord."

The commandment of the unification of God: That we were commanded to believe that God, may He be blessed - who is the Mover of all existence, the Master of everything - is one without any combination, as it is stated (Deuteronomy 6:4), "Hear, Israel, the Lord is our God, the Lord is one." And this is a positive commandment, not [just] a statement. But the understanding of "Hear" is, "Accept from me this thing, and know it and believe in it - that the Lord, who is our God, is one. And the proof that this is a positive commandment is their, may their memory be blessed, constantly saying in Midrash, "On the condition of unifying His name"; "in order to accept the yoke of the kingdom of Heaven upon himself" - meaning to say, the acknowledgement of unity and faith.

The commandment of loving God: That we were commanded to love the Omnipresent, blessed be He (Mishneh Torah, Laws of Foundations of the Torah 2:1), as it is stated (Deuteronomy 6:5), "And you shall love the Lord, your God." And the content of this commandment is that we should think about and contemplate His commands and His actions to the point that we comprehend Him according to our ability and that we delight in His providence with complete delight. And this is [this] special love. And the language of the Sifrei is "Since it is stated, 'And you shall love,' I would not know how a man is to love the Omnipresent. [Hence,] we learn to say, 'And these things that I command you today shall be upon your heart' (Deuteronomy 6:6) - that through this, you will recognize the One that spoke and the world [came into being]." [This] means to say that with contemplation in Torah, the love will perforce [find its place] in the heart. And they [also] said that this love obligates a man to arouse [other] people, from his love, to serve Him, as we found with Avraham.

The commandment of loving God: That we were commanded to love the Omnipresent, blessed be He (Mishneh Torah, Laws of Foundations of the Torah 2:1), as it is stated (Deuteronomy 6:5), "And you shall love the Lord, your God." And the content of this commandment is that we should think about and contemplate His commands and His actions to the point that we comprehend Him according to our ability and that we delight in His providence with complete delight. And this is [this] special love. And the language of the Sifrei is "Since it is stated, 'And you shall love,' I would not know how a man is to love the Omnipresent. [Hence,] we learn to say, 'And these things that I command you today shall be upon your heart' (Deuteronomy 6:6) - that through this, you will recognize the One that spoke and the world [came into being]." [This] means to say that with contemplation in Torah, the love will perforce [find its place] in the heart. And they [also] said that this love obligates a man to arouse [other] people, from his love, to serve Him, as we found with Avraham.

The commandment of Torah study: The positive commandment to study the wisdom of the Torah and to teach it; meaning to say how we should perform the commandments, guard ourselves from that which God prevented us and to also know the laws of the Torah according to their true intention. And about all of this is it stated (Deuteronomy 6:7), "You shall teach them to you sons." And our Rabbis, may their memory be blessed, said (Sifrei Devarim 34:4), "'Your sons' - these are your students. And thus do you find that students are called sons, as it is stated (II Kings 2:3), 'And the sons of the prophets went out.'" And it is [also] said there (Sifrei Devarim 34:1), "'And you shall teach them (shinantam, which sounds like the word for tooth, hence, make them sharp like a tooth)' - they shall be ordered in your mouth, so that if a person questions you [concerning them], you will not stammer to him, but answer him forthwith." And this commandment is repeated in many places, as it is stated (Deuteronomy 5:1), "and study them and do them," "and in order that you will study them" (Deuteronomy 31:12), "and you shall teach them to your children" (Deuteronomy 11:19).

From the laws of the commandment: That which they, may their memory be blessed, said (Sukkah 42a) [that] from when does a father begin to teach his son Torah? From when he begins to speak, he should teach him, "Moshe commanded us the Torah" (Deuteronomy 33:4), and the first verse from the recitation of Shema, which is "Hear Israel" (Deuteronomy 6:4). And afterwards he teaches him a little [at a time] of the verses of the Torah, until he is six or seven, when he takes him to a teacher of infants. And it is fitting for every intelligent person to put his heart to not overburden the child with study when he is still weak-limbed and weak-hearted, until he he grows and his strength firms, his limbs become vigorous, his bones fill with marrow and he can endure the exertion of study, and that the illness of fainting [spells] not happen to him on account of much exertion upon it. However after his strength firms and his eyes enlighten to understand the voice of his teachers, then is the thing proper and fit; and he is [then] obligated to put his neck to the yoke of Torah [study], and not to loosen it from him, even a hair's breadth. And he should [then] always give him to drink from its spiced wine, and feed him from its honey.

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.

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.

The commandment of the tefillin of the arm To bind the tefillin of the arm upon the arm, as it is stated (Deuteronomy 6:8), "And you shall bind them as a sign upon your arm." And the explanation comes about this verse, that we bind four sections from the words of the Torah upon our arms. And they are called tefillin when they are bound with straps, as the tradition comes [to explain] about them. And these are these four sections: Two of them are at the end of the Order of Bo el Pharaoh and they are the sections of 'Sanctify your firstborn to me,' until 'you shall keep this statute at its set time from year to year' - which is one section in every exact book [of the Torah]. And the second section is from 'And it shall be when He will bring you,' until the end of the order which finishes [with] 'for with strong-handedness did He take us out of Egypt.' And the third section is at the end of the Order of Ve'etchanan in the Book of Elu HaDevarim (Deuteronomy) - the section of 'Hear Israel,' until 'and in your gates.' And the fourth section is at the end of the Order of Vehaya Ekev - the section of 'And it shall be if you listen,' until 'like the days of the heavens upon the earth.' These four sections are written on one parchment and we roll it like a type of Torah scroll from its end to its beginning. And we place it into a chamber of leather and we pass a strap through one end of the leather. And we bind that leather with the [Torah] sections inside it upon the left upper arm. And since they are bound upon the upper arm, they are resting across from the heart. And they are called tefillin of the arm in every place.

And [also] that which they said (Gittin 45b) that only an Israelite can make tefillin and their straps. And the length of the strap of the arm is enough to surround the forearm in the place that they are placed and he ties it from there with the famous knot that needs to be in the shape of a [letter,] yod, and he stretches [it] until the middle finger and he wraps three rings around it on his finger and he ties it. And if it is longer than this, is is [still] fit (Mishneh Torah, Laws of Tefillin, Mezuzah and the Torah Scroll 3:12). And upon which place in the upper arm do we tie it? Upon the biceps - and that is the protruding flesh in the [upper arm] between the shoulder joint and the elbow joint - such that it comes out that when he puts his [upper arm] next to his ribs, the tefillin will be laying across from his heart, and it comes out that he will fulfill, "And these words shall be [...] upon your heart" (Deuteronomy 6:6). And [also] that which they said (Menachot 38a) that the tefillin of the arm does not impinge upon the tefillin of the head, and [that] of the head does not impinge upon that of the arm, because they are two [separate] commandments. And he recites the blessing on that of the head, 'about the commandment of tefillin'; and on that of the arm, 'to place the tefillin.' And about what are these words speaking? When he puts on one of them. But if he put both of them on together, he only recites one blessing; and that is 'to place the tefillin.'

The commandment of the tefillin of the head: To place tefillin on the head, as it is stated (Deuteronomy 6:8), "and they shall be as totafot between your eyes." Behold, I wrote in the previous commandment what is the content of the tefillin, that it is four sections that are written in the Torah, in the Order of Bo el Pharaoh, in the Order of Ve'etchanan and in the Order of Vehaya Ekev. And we were commanded to write these four sections on parchment and to place them on our heads between our eyes and on our upper arm across from the heart. And the matter of these four sections more than other sections of the Torah is because there is in these the acceptance of the yoke of Heaven, the unification of God, and the matter of the exodus from Egypt which forces belief in the creation of the world and the supervision of God over the lower beings - and these are the fundamentals of the Jewish religion. And therefore we were commanded to place these fundamentals between our eyes and upon the board of our hearts all day; as the wise men of science have said that these two limbs are the residence of the intellect. And when we place these things upon them as a memory device, we are strengthened about them, and we add to the cognizance of the ways of God, may He be blessed; and [so] we merit life in the world to come. And some of the laws of the tefillin are written above in that of the arm.

To affix a mezuzah on entrances: To affix a mezuzah on the doorposts of our homes, as it is stated (Deuteronomy 6:9), "And you shall write them on the doorposts of your house and on your gates." And the content of the mezuzah is that we write two sections of the Torah on one parchment - and they are 'Hear Israel,' until 'and in your gates'; [and] 'And it shall be if you listen,' until 'upon the earth.' And we affix them to the doorposts of the opening of the house.

To not test a true prophet more than is necessary: That we have been prevented to not test a prophet that rebukes the nation and teaches the ways of repentance more than is necessary, once the truth of his prophecy be known. And about this is it stated (Deuteronomy 6:16), "Do not test the Lord, your God, as you tested Him at Massah," meaning to say, "Do not test the rewards of God and his punishments about which He has informed you through His prophets in a way that shall be sufficient for you."

The commandment of prayer: To serve God, may He be blessed, as it is stated (Deuteronomy 10:20), "and you shall serve Him." And this commandment was repeated several times, as it is stated (Exodus 23:25), "And you shall serve the Lord, your God"; and in another place, it states (Exodus 11:13), "and to serve him with all of your hearts." And Rambam, may his memory be blessed, wrote (Sefer HaMitzvot LaRambam, Mitzot Ase 5), "Even though this commandment is from the general commandments" - meaning to say that it includes all of the Torah, since the service of God includes all of the commandments - "there is also a specific [commandment] within it, and that is that God commanded us to pray to Him. And it is as they said in Sifrei Devarim 41:25, '"To serve Him with all of your hearts" What is the service that is in the heart? That is prayer.' And in the teaching of Rabbi Eliezer the son of Rabbi Yose HaGalili they said, 'From where [do we know] that the essence of prayer is among the commandments? From here, "The Lord, your God, shall you fear, and you shall serve Him."'"

And it is practiced in every place and at all times by males and females. And one who transgresses this and does not want to swear in His name at a time it is needed has violated this positive commandment, according to Rambam, may his memory be blessed. But Ramban, may his memory be blessed, wrote (on Mitzovt Ase 7; Ramban on Deuteronomy 6:13) that an oath in His name [even] at a time of need is not a positive commandment at all; that if we want, we swear, and if we do not want to ever swear, there is no [problem] with this. And there is also a commandment in the prevention from an oath, like the matter that they said in Midrash Tanchuma, Matot 1, "The Holy One, blessed be He, said to them, 'Do not reason that it is permitted to you to swear in My name even truthfully unless there is all of these characteristics with you: "The Lord, your God, you shall fear, and to Him shall you cling." And afterwards, "and in His name shall you swear."'" And if we want, we can say that "and in His name shall you swear" comes to give a positive commandment [alongside the] negative commandment on the one who swears in the name of idolatry; meaning to say, in His name should he swear and not in the name of other gods. And the teacher (Ramban), may his memory be blessed, already wrote about the matter that they, may their memory be blessed, said (Temurah 3b) that we swear to perform a commandment, that we derive it from "to Him shall you cling."

And also from this matter is that which they also said, that whether it is an optional war or a commanded, it is permitted for the front line of the army when they enter into the borders of the gentiles, and they are hungry and and they do not have provisions, to eat [their] foods - and even forbidden foods, such as carcasses, and 'torn' [animals] and pigs - and to drink idolatrous wine. And so did they, may their memory be blessed, expound (Chullin 17a), "'And houses filed with everything good' (Deuteronomy 6:11) - even [fatty] pigs' necks were permitted to us." And about this is it stated (Deuteronomy 20:10), "When you approach a city, etc." until the end of the section. [These] and the rest of the details of the commandment are in the second chapter of Sanhedrin and the eighth of Sotah.

Behold, they elucidated that even the lulav and the sukkah and tefillin - that He commanded that they be "a sign upon your arm and a commemoration between your eyes [...] that the Lord took you out of Egypt with a strong hand" (Exodus 13:9) - are not for the honor of God, may He be blessed, but [rather] to have mercy on our souls. And they already set this into the prayer of Yom Kippur, "You have separated man from the start and recognized him to stand in front of You, as who will say to You what to do, and if he is righteous, what will he give to You?" And so [too], it stated in the Torah (Deuteronomy 10:13), "for your good"; and so [too] (Deuteronomy 6:24), "And He commanded us to do all of these statutes [...], for our good all of the days." And the intention in all of them is that it be good for us and not for Him, may He blessed and elevated. But all that we are commanded is [so that] our souls be refined and purified without the dross of evil thoughts and disgusting character traits. And so that which they said (Berakhot 33a), "[It is because] he makes the traits of the Holy One, blessed be He into mercy and they are only decrees," is to say that God did not worry about the nest of the bird and His 'mercy did not reach' it and its child; as His mercy does not extend to creatures with an animal soul, to prevent us from doing what we need to them. As were it so, slaughtering would be forbidden. But [rather], the reason for the proscription is to teach us the trait of mercy and that we not become cruel. Since cruelty spreads in the soul of a man, as it is known with butchers that slaughter large oxen and donkeys, that they are 'people of blood,' 'slaughterers of men' [and] very cruel. And because of this they said (Kiddushin 82a), "The best of butchers are the partners of Amalek." And behold, these commandments with animals and birds are not mercy upon them, but [rather] decrees upon us, to guide us and to teach us the good character traits. To here are the interpretations of Ramban, may his memory be blessed.

They do not “prostrate themselves” (i.e., they do not say the taḥanun¹⁰The taḥanun, תחנון, prayer is the name of a prayer which is a confession of sins and a petition for grace. It is normally part of the daily Morning, Shaḥarit (see footnote 17), and Afternoon, Minḥah (see footnote 40), Services. It is recited after the reader’s repetition of the Amidah (see footnote 43). The taḥanun begins silently with a selection from II Samuel 24:14 which was uttered by King David after he was rebuked by the prophet Gad for sinning by numbering the people: “let us fall, I pray thee, into the hand of the Lord, for his mercies are many, but let me not fall into the hands of man.” The prayer is referred to literally as the “prostration prayer” because the Bible mentions the fact that one prostrates oneself during petitions (Deuteronomy 9:18; Joshua 7:6), and the prayer taḥanun was therefore customarily recited in the prostrate position. Today the prayer is recited while one is seated with one’s head bowed into the bend of one’s arm when a Torah Scroll is present to indicate the sanctity of the location. The Sephardi ritual begins the taḥanun with a silent confession of sins, viddui (see footnote 39) followed by the verse from II Samuel 24:14. The central part of the prayer for the Ashkenazim is Psalm 6 and for the Sephardim the penitential psalm, Psalm 25. In addition to this there are penitential prayers of piyyutim, or liturgical poems (see footnote 149). The taḥanun prayer is omitted on the Sabbath, festivals, semiholidays, New Moons, and from the Minḥah Service preceding these special days, during the month of Nisan and on the Ninth of Av. The taḥanun is also omitted at a circumcision in a synagogue, when a bridegroom attends the service during the first seven days following his wedding, and at the prayers held at the homes of mourners since the theme “I have sinned before thee” is deemed inappropriate.
Meir Ydit, E. J., v. 15, p. 702. prayers) on the Eve of Yom Kippur.
Hagah: They also do not say “למנצח¹¹למנצח, “For the Chief Musician, a Psalm of David” is Psalm 19, and it is recited normally during the Shaḥarit, Morning prayers on the Sabbath and festivals (see footnote 17). The theme of the prayer is the double revelation of God in nature, in religion and in Torah.
Dr. Joseph H. Hertz, The Authorized Daily Prayer Book, New York, Bloch Publishing Company, 1957, p. 60” and “מזמור לתודה¹²מזמור לתודה, “A Psalm of Thanksgiving” is Psalm 100. The theme of the psalm is to let all the world join in the worship of God. The psalm is normally recited during the Shaḥarit Morning prayers on the weekday (see footnote 17). In addition to the day before Yom Kippur, it is also omitted on Sabbaths, festivals, the day before Passover, and on the intermediate days of Passover.”, (מנהגים).¹³Minhagim, מנהגים, “customs” when used by Isserles denotes an anonymous collection of Ashkenazi customs in his glosses that were not part of the customs practiced by the Sephardi Jewish community. Additions such as these gave Ashkenazi Jewry the possibility of accepting the Shulḥan Arukh as a binding and authoritative code of Jewish law in that the additions of Isserles enabled the total Shulḥan Arukh to be a work common to all of world Jewry. There was no one book from which Isserles drew his minhagim, his customs, but rather he drew them from various minhagim books available to him and from customs he was familiar with in daily life. Many of the minhagim from which Isserles drew were contained in a book entitled Minahage Maharil or Sefer Maharil published in 1556 in Sabionetta which was compiled by Zalman of Saint Goar. It contained halakhic statements, explanations, and customs that Zalman heard from his great teacher the Maharil, Jacob ben Moses Moellin (see footnote 8). Also they do not say before dawn many “seliḥot¹⁴Seliḥot, סליחות, means “prayers of forgiveness”. When this word is used in its singular form seliḥah, סליחה, it means “forgiveness” and it usually refers to a liturgical poem, piyyut (see footnote 149), who’s subject is a plea for forgiveness. When the term is used in the plural, seliḥot, it refers to a special order of service which consists of non-statuatory additional prayers which are recited on all fast days, on occasions of special intercession, and during the Penitential season which begins with a special Seliḥot Service usually held at midnight on the Saturday night immediately preceding Rosh HaShanah and concludes with Yom Kippur. The Mishna (Ta’an 2:1-4) gives the order of the service for public fasts which were often proclaimed during periods of drought and it provided for six additional blessings inserted into the daily Amidah after the sixth blessing which is a prayer for forgiveness of sins (see footnote 43).
The first mention of any kind of definite order of Seliḥot is found in Tanna de-Vei, Eliyahu Zuta (23 end). The order of Sheliḥot was not found until the ninth century in the Seder of R. Amram which included “May He Who answered” and the biblical verse “Thee Lord, the Lord God, merciful and gracious longsuffering and abundent in goodness and truth” (Exodus 34:6) along with others.
Over the centuries many more piyyutim with the theme of forgiveness have been added to the Seliḥot prayers. Because of the many liturgical poems added at various times, many Jewish communities have had their own distinct rites evolve. It became a Palestinian custom not to say the Seliḥot prayers during the Amidah but after it, and this became the custom generally accepted (Shulḥan Arukh, Oraḥ Ḥayyim, 566:4).
Seliḥot prayers were originally confined to fast days. God was just, and it was felt that if one confessed one’s sins and prayed for forgiveness, calamities which were the result of Israel’s sins, would be averted. In modern times the Seliḥot prayers were first recited in conjunction with the six fast days prior to Rosh HaShanah and then they were extended to include the ten days of Penitence including Yom Kippur but not Rosh HaShanah in the Ashkenazi ritual. Among Sephardi Jews it was a custom to recite Seliḥot for forty days from Rosh Ḥodesh Elul (the New Moon of the month of Elul, the last month of the Hebrew year preceding the New Year beginning with Rosh HaShanah on the New Moon of Tishrei) until Yom Kippur. The Ashkenazi custom was evolved in our day to recite Seliḥot from midnight on the Saturday night prior to Rosh HaShanah or the week before that should Rosh HaShanah fall on a Monday or a Tuesday. (Shulḥan Arukh, Oraḥ Ḥayyim, 581 with the Isserles). Only on the first night is Seliḥot recited at midnight. On all other days it is recited in the Morning Service.
Present day customs also allow individuals to recite Seliḥot on semi-official voluntary fasts.
Louis Isaac Rabinowitz, E. J., v. 14, pp. 1133-34.” (prayers of forgiveness), but there are places where it is customary to increase seliḥot. All (this should be done) according to the (local) custom. But concerning the matter of the saying of “אבינו מלכנו¹⁵Avinu Malkhenu, אבינו מלכנו “Our Father our King” is a prayer recited during the ten days of Penitence between Rosh HaShanah and Yom Kippur immediately after the Amidah (see footnote 43). The prayer is not said during Friday Minḥah Afternoon, on the Sabbath, or on the day before Yom Kippur. If the day before Yom Kippur is a Friday then the prayer is recited during the Morning, Shaḥarit Service (see footnote 17). Each of the forty-four invocations of the prayer begins “Avinu Malkhenu”, “Our Father our King”. This litancy has the elements of a confessional and petitionary prayer. The prayer is quite old and the Talmud attributes some of the lines to Rabbi Akiba when they were spoken on a fast day due to a drought. The prayer was expanded over the centuries to include prayers for life, pardon, and the needs and trials of human existence. Toward the end are references to the terrible massacres during the Black Death in the fourteenth century where much of German Jewry was annihilated.
Hertz, op. cit., pp. 161-67.”, (Our Father, our King”), on the Eve of Yom Kippur, there is a disagreement among the aḥronim¹⁶Aḥronim, אחרונים, the later scholars or authorities. This term is used to designate the later rabbinic authorities as opposed to the rishonim or the earlier authorities. There is no clear line of demarkation separating the aḥronim from the rishonim. Some scholars date the aḥronim as early as the tosafists in the twelfth and thirteenth centuries while others start the period in the beginning of the fourteenth century where the appearance of the Sha’arei Dura of Isaac ben Meir Dueren. Most scholars agree that the period of the rishonim ends with the death of Israel Isserlein in 1460 (see footnote 96) and that the aḥronim begin with the Shulḥan Arukh including the glosses of Isserles (1525-30-1572). The later authorities are therefore thought of as the collection of all the predecessors of the Jewish world of sages in both the Sephardi and Ashkenazi communities included by both Caro and Isserles. When Isserles then referred to the aḥronim, he referred to his contemporaries and those authorities immediately preceding him.
Some of the greatest aḥronim were produced in Poland during the end of the sixteenth century where the study of the Torah and Talmud became quite intensive.
Aḥronim is a term now used to refer to all rabbinic authorities after 1500 who decide halakhah even to this day.
Yehoshua Horowitz, E. J., v. 1973 Year Book, pp.153-57., (later scholars). The custom in my city is not to say it unless Yom Kippur falls on Shabbat; since we do not say on the Shabbat “אבינו מלכנו”, therefore we say it in the Shaḥarit¹⁷Shaḥarit, שחרית Morning Service, or actually the dawn prayer. The Shaḥarit prayers are the most elaborate of the three daily prayer services (the Shaḥarit, Morning; Minḥah, Afternoon; and Aravit, Evening). It has been traditionally attributed to Abraham. “And Abraham got up early in the morning to the place where he stood before the Lord,” (Genesis 19:27). After the destruction of the Temple the rabbis made the recitation of the Shaḥarit prayer obligatory to replace the daily morning sacrafice called the Tamid which had been performed in the Temple (Ber. 26b).
There are basically eight parts to the Shaḥarit Service and they are the following: (1) The Morning Benedictions or Birkhot ha-Shaḥar, ברכות השחר, these are preliminaries to the Morning Service and they consist of hymns, blessings, and meditations, the themes of which are generally concerned with the change of night to day and of sleep to wakefulness. There are also readings from the Torah and rabbinical writings to get the soul ready for worship. Originally this part of the service was to be read at home before coming to the synagogue for communal prayer.
Hertz, op. cit., p. 4.
(2) The Psalms and Passages of Song or Pesukai de-Zimra, פסוקי דזמרא. This section of psalms and anthems is intended to serve as the transference from private worship in the first section to public prayer. The tradition says that pious men during the days of the Second Temple would completely read the entire Book of Psalms everyday. This was an ideal that men with necessary work could never emulate, thus it became the custom to read at least six psalms in the morning, Psalms 145-150. There have been additions to this nucleus. Prior to the above mentioned psalms, are recited other psalm-like selections, I Chronicles 16:8-36, a collection of Biblical verses, Psalm 100, and more Biblical verses. Psalms 145-150 are followed by responses of adoration (“doxologies”), the benediction of David, I Chronicles 29:10-13; the prayer of Nehemiah 9:6-11; and the Song of Moses, Exodus 14:30 - 15:18. Therefore this section contains no formal prayers but only psalm-like material. It was brought into the Morning Service by Rabbi Meir of Rothenburg (1230-1293).
ibid., pp. 50-1.
(3) Reading of the Shema, קריאת שמע, and its benedictions. This is truely the central part of the Morning (and the Evening) Service. It is Israel’s confession of faith in the One God. The worshipper, by reciting it, proclaims his allegiance to the Kingdom of Heaven and his submission to God’s commandments. The Shema is preceded by two blessings; (1) The Yotzer, יוצר, Prayer which is a prayer of thanksgiving for the creation of physical life, for the actual light of day and for God’s renewal of creation which is demonstrated by the fact that the sun, the light, returns; and (2) The Ahavah Rabbah, אהבה רבה, a gracious prayer of thanksgiving, gives thanks to God for the light of Torah which he gave to Israel and its moral teachings.
The Shema in the Shaḥarit Service is followed by two prayers; (1) the Emet Veyaẓiv, אמת ויציב, which means (True and Firm). The prayer confirms the faith in the declarations that were made in the Shema. (2) and the prayer Go’el Israel, גואל ישראל, the Redeemer of Israel which praises God.
ibid., p. 108.
The Shema itself consists of three Torah sections, Deuteronomy 6:4-8; 11:13-22; and Numbers 15:37-42. It is a proclamation of God’s Unity and Oneness, Israel’s total loyalty to God and his commandments, the belief in Divine Justice, the rememberance of the liberation from Egypt, and the choosing of Israel. Together these form the foundation of Jewish faith.
ibid., p. 116.
(4) The Amidah, עמידה, is the most central and important part of the service next to the Shema. It is also referred to as the Tefillah, התפילה, “The Prayer” and the Shemoneh Esreh. שמונה עשרה, or eighteen benedictions because it originally contained eighteen separate benedictions but which has come down to us as a prayer consisting of nineteen benedictions during the regular daily worship service. The Prayer is recited three times a day silently while standing, therefore the name Amidah which means “standing” became associated with it. The benedictions contain expressions of praise, thanksgiving, confession, and petition to God.
The Amidah contains three basic parts. The first part consists of three opening benedictions which are praises. They glorify God, His everlasting love and His infinite holiness. The second part of the weekday Amidah contains thirteen blessings (which were originally only twelve) which are petitions for the individual as well as for the nation. This middle section of the Amidah is different on the Sabbath and festivals. On the Sabbath there is only one benediction in the middle of the Amidah (therefore only a total of seven benedictions) and it concerns the special nature of the day. A Kedusha or a sanctification of the name of God, is included in this section of the Sabbath morning Amidah. On the festivals this is also the case with a special middle benediction which concerns the unique nature of the holiday. This is true of all festivals except Rosh HaShanah which contains three central blessings in its Musaf Amidah (see footnote 166), thus making a total of nine benedictions.
The third part of the Amidah consists of three closing benedictions whose theme is one of thanksgiving. The first three and last three benedictions never change regardless of which service the Amidah is found in or on what day it is recited. The prayer is first recited privately in silence and it is then repeated out loud by the reader (except for the Evening Service, see footnote 144) for the benefit of those who are unable to say it themselves (see also footnote 42).
ibid., pp. 130-31.
(5) The Taḥanun, תחנון, prayers of confession; see footnote 10.
(6) The Torah reading on the mornings that it is required, namely on the Sabbath, festivals, Mondays, Thursdays, New Moons, the intermediate days of Passover and Succot, Purim and public fast days. Normally, that is on most Sabbaths, Mondays and Thursdays the Torah is read according to its regular weekly division of fifty-four (on a leap year and fifty on a non-leap year) portions. On special Sabbaths, festivals, and other occasions specially designated portions are read which have a relationship with that particular occasion.
(7) Ashrei. אשרי, “Happy are they” is basically Psalm 20 and a collection of Biblical quotations. It is in essence a prophetic lesson and a second sanctification.
(8) Aleinu le-Shabbe’aḥ, עלינו לשבח, “It is our duty to praise the Lord” is recited at the conclusion of the Morning Service. It is usually preceded by a full Kaddish (see footnote 177) read by the reader and it is followed by a Mourner’s Kaddish. The Aleinu or adoration prayer since the fourteenth century has been a proclaimation of God as the Supreme King of the Universe and the God of a United Humanity. In the first part Israel aknowledges that it has been selected for service to God and the second half proclaims Israel’s faith and hope that all idolatry will disappear and that all activity will be turned to God. All will be united under the Kingship of God.
Hertz, op. cit., p. 208.
The Shaḥarit Service remains fairly constant in the prayers recited every morning except for the Amidah which changes according to the occasion as described above. There are also additions to the pesukei de-zimra (2) on Sabbaths and festivals, and on festivals and New Moons the Hallel (special psalms of praise and thanksgiving which consist of Psalms 113-118 with various Psalms omitted on certain festivals) is added. Special piyyutim (see footnote 149) are also inserted on certain Sabbaths and festivals during the Shaḥarit Service.
The Mishna and Talmud discuss when the Shaḥarit Service should be recited. The Shema must be recited from the period of time which begins with daybreak and ends after a quarter of the day has passed (Ber. 1:2; Shulḥan Arukh, Oraḥ Ḥayyim, 58:1). One must recite the Amidah during the hours encompassed by sunrise and a third of the day (Ber. 4:1; Shulḥan Arukh, Oraḥ Ḥayyim, 89:1). If by chance the recitation of the daily prayers was delayed they could be recited until midday (Ber. 4:1; Shulḥan Arukh, Oraḥ Ḥayyim 89:1). If the Shaḥarit Amidah is not recited, an extra Amidah is added during the Minḥaḥ, Afternoon Service.
During the daily weekday Shaḥarit Service the tallit, prayer shawl, and the tefillin, phylacteries, are worn. On the Sabbath and festivals only the tallit is worn. One wears neither tallit nor tefillin on the Ninth day of Av for the Shaḥarit Serivce but wears them instead for the Minḥah Service. One must not interupt one’s prayer by speaking from the prayer “Barukh she-Amar” which precedes the pesukei de-zimra until after the Amidah.
Editorial Staff, E. J., v. 14, pp. 1257-58. (Morning Prayers) on the Eve of Yom Kippur.

From the laws of the commandment is that which they, may their memories be blessed, said (Sotah 41a, Mishneh Torah, Laws of Festival Offering 3:3) that the king was the one that was obligated to read it in their ears. And he would read it in the women's yard [of the Temple]. And he reads while sitting, but if he read while standing, behold that is praiseworthy. And from where does he read? From the beginning of the book of Eleh HaDevarim (Deuteronomy) until the end of the section of Shema Yisrael (Deuteronomy 6:9), and he skips to Vehaya im shamo'ah and finishes that section (Deuteronomy 11:13-21), and [then] skips to Aser te'aser (Deuteronomy 14:22) and reads from Aser te'aser, according to [its proper] order, until the end of the blessings and curses, up until "besides for the covenant which He made with them in Chorev" (Deuteronomy 28:69), and stops.

If there is a circumcision on Yom Kippur;¹⁷¹A circumcision must take place on the eighth day after birth, if the baby is healthy, regardless of whether it is the Sabbath, Yom Kippur, or any day of the year. The circumcision takes precedence over anything else. then they circumcize between the (Morning Prayer¹⁷²Shaḥarit, שחרית; see footnote 17. prior to the Keri’at Shema named) “יוצר¹⁷³The Shema, made up of Deuteronomy 6:4-9; 11:13-21; and Numbers 15:37-41, during the Morning Service is surrounded by two blessings before and one afterwards. (In the Evening Service there are two blessings before and two afterwards.) The Shema and its blessings are called Keri'at Shema, קריאת שמע, the Reading of the Shema. It is the basis of a Jew's declaration of One God and his devotion to God. "Hear, O Israel, the Lord our God, the Lord is One."
The first blessing before the Shema in the mornings is called the "Yoẓer Or", יוצר אור, "Who formest light and createst darkness" and it is a prayer of thankgiving for the creation of physical light, the light of day and the daily renewal of creation. (For a further explanation of the Reading of the Shema, see footnote 17).
Hertz, op. cit., p. 108.”, “Creator,” and the Additional Service¹⁷⁴Musaf, מוסף, Additional Service; see footnote 166. after the reading of the Torah. And after the circumcision we say the prayer, “אשרי¹⁷⁵Ashrei, אשרי, means literally "Happy are they". It is the first word and the name of a prayer in the liturgy composed from the Book of Psalms. The prayer is made up of the following: Psalms 84:5, 144:15, 145, and 115:18. The Talmud (Ber. 4b) states that anyone who recites the Ashrei three times a day will be assured of a life in the world to come. Therefore the prayer is read three times a day in the liturgy. It is read twice during the Shaḥarit Service, once in the preliminary psalms, Pesukei de-Zimra (see footnote 17), and once toward the end, and it is read at the beginning of the Afternoon, Minḥah Service (see footnote 40). The Ashrei is also recited before the Seliḥot (see footnote 14), prayers of forgiveness, in the months of Elul and Tishrei. On Yom Kippur the Sephardim recite the Ashrei both at Minḥah and Ne'ilah (see footnote 191) whereas the Ashkenazim only recite it at the Ne'ilah Service.
Raphael Posner, E. J., v. 3, p. 736.” But the custom is to circumcize after the “אשרי”, (מנהגים).¹⁷⁶Minhagim, מנהגים; see footnote 13. And if the circumcision takes place in a location where it is necessary to leave the synagogue, we do not circumcize him until after the Torah scroll is returned to the ark, and then they return (to the synagogue) and say the (reader’s) Kaddish.¹⁷⁷The Kaddish, קדיש, which literally means "holy" is a doxology, mostly in Aramaic which is recited by a reader with responses made throughout it by the congregation at the close of individual sections and at the conclusion of the whole prayer. There are four principal types of the Kaddish; the whole or complete Kaddish, the half Kaddish, the Kaddish de-Rabbanan (the scholar's Kaddish), and the Mourner's Kaddish.
The whole Kaddish basically glorifies God and prays for peace. It is recited by the reader after the Amidah except for the Morning Service when it comes after the prayer U-Va le-Ẓiyyon (see footnote 187). The half Kaddish omits the conclusion of the prayer which consists of the last three blessings. The half Kaddish is recited by the reader between different sections of the service. The Kaddish de-Rabbanan is the whole Kaddish except for a substitution which prays for those who study Torah and teach it. It is recited after communal study, after the reading of the lighting the Sabbath candles in the synagogue (Be-Mah Madlikin, Shabbat 2), after the early Morning Service, and after the song Ein Kh'Elohenu praising God. The Mourner's Kaddish is recited by the close relatives of a deceased person for eleven months following the death and every year on the day which marks the anniversary of that death. It is basically the whole Kaddish with the exception of one line concerning supplications. It is said at certain points of the service, e. g., after the Aleinu (see footnote 182) and may be repeated after the reading of additional psalms.
All versions of the Kaddish are said standing facing Jerusalem. The Sephardi form has an additional verse which is not found in the Ashkenazi concerning the coming of the Messiah. At first the Kaddish was not part of the daily synagogue worship but by the geonic period (see footnote 19) it was an established part of the Service and it required ten men (a minyan constituting a congregation) to be recited.
The Kaddish did not become a Mourner's prayer until around the thirteenth century as a result of the persecution of German Jews by the Crusades. The prayer is not for the soul of the departed, but rather an expression of the justification of judgment proclaimed by those who have suffered a loss. Man is required to give praise to God even when afflicted by sorrow.
Editorial Staff, E. J., v. 10, pp. 660-62.

He says “כתר²¹³The Keter, כתר, was an ancient beginning of the Kedushah, קדושה, or sanctification prayer. It is no longer said and Kedushah now begins with the word na'ariẓkha, נעריצך. It is part of the Sabbath and festival Musaf Service (see footnote 166).
The Kedushah said during the Musaf Amidah is different than the Sanctification recited in the Shaḥarit Amidah on the Sabbath (see footnote 17). The Musaf Sanctification dwells more sublimely on the majestic conception of the angels in heaven glorifying the Eternal King and it introduces Israel proclaiming in response to the angelic choir, the holiness, glory, unity, and sovereignity of God's name. The Shema, the congregation's confession of faith, is part of the Musaf Kedushah (see footnote 17, section (3)).
The Shema entered the Musaf Kedushah as the result of a sixth century persecution. The Byzantine Empire forbid Jews to recite the Shema in public worship. On Sabbaths and festivals government spies would enter the synagogues to make sure the Shema was not said in its regular place during the Shaḥarit Service. As a means of getting the Shema into public prayer, the reader would insert it into the Musaf Kedushah, a place where the spies would not expect it and thus not be aware of it. The Shema has remained a part of this Sanctification ever since.
The Kedushah is part of the third blessing of the Amidah and in the Musaf Service for the Sabbath it is made up of the following parts along with connecting sentences: Isaiah 6:3, Ezekiel 3:12, the Shema, Deuteronomy 6:5, and Psalms 146:10. On festivals there is an additional verse from Zechariah 14:9 following the Shema.
Hertz, op. cit., pp. 528-31; 816-19.”, “the crown”, just as in the Additional Service.²¹⁴Musaf, מוסף; see footnote 166.