Halakhah su Deuteronomio 4:78

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'.

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'.

This G-d we are obligated to love with a complete and unreserved love, until the love of oneself, one's wife, sons, daughters and money are completely nullified in the presence of his love for G-d, as though they did not exist. This also has been stated in Torah (Devarim 4.5): "You should love G-d, your G-d, with all your heart, all your soul, and all your money (Heb. 'Mo-adecha'). This term 'Mo-adecha' is related to the Hebrew 'Ma-od', meaning 'very much', as if to say: "whatever is very much beloved by you should be considered null and void in the presence of your love for G-d." "...all your heart..." - Our Rabbis have expounded on this: "with both of your inclinations, the good inclination as well as the evil." This means to say that one should not ask 'If the evil inclination only tries to seduce one to transgress the will of G-d, why was it created?' The truth is that the intent of the evil inclination is that man should overpower him and not listen to him, but G-d has nevertheless created him to test whether man will transgress G-d's will, in order that one should serve G-d through free will and not as one forced by instinct. This is the ultimate purpose of the creation of man, and through this ability he is even greater than an angel, as I have written in section 1. [It is also explained in the Zohar along these lines PERHAPS VOLUME 3, FOLIO 68.2]

And we have been commanded to walk along G-d's path of goodness and righteousness, as the verse says, "you should travel in His ways" (Deut. 26:13). Furthermore it says, "After Hashem your G-d you shall go" (Deut. 13:5). And furthermore it says, "'to travel in all of His ways' (Deut 10:12)- just as He is gracious, you shall also be gracious. Just as he is merciful, you shall also be merciful" (a similar idea appears on Sotah 14b)". And [we are commanded] to emulate His positive actions and positive righteous traits to the best of our ability. It is a positive commandment to be attached to wise men and their students in order to learn from their actions as the verse says, "and to him you shall be devoted" (Deut. 13:5). Is it possible for one to be attached to the Sechinah (divine presence) if it is a consuming fire (Deut. 4:24)? Rather, to be attached to the wise men and their students (Ketuvos 111b), to spread dirt before their feet and to drink their knowledge with thirst, as the verse says, "he who goes with the wise will become wise" (Proverbs 13:20). And furthermore it says, " the praises of a man are that he did not follow the counsel of the wicked" (Psalms 1:1).

And know from what our sages z”l said: “It is forbidden to enjoy something from this world without a blessing, they were speaking about all pleasures in general, whether from something one tastes, from something one smells, or from something one sees and hears – for all four of these senses they fixed a blessing. The sense of taste: from what is written, “set aside [kidesh – lit., “make holy”] for jubilation [hilulim] before the Lord,”³⁵⁸Lev 19:24. it comes to teach you that every edible thing is forbidden to you as if it were hekdesh – “holy” food set aside to the priests and Temple – until one sings praises [yi-hallel], that is, says a blessing to the Holy One Blessed be He before and after over the same food, and this is why hilulim is plural, not the singular form hilul. For the sense of smell one has to say a blessing as well, and there is support for this in the verse, “See, the smell of my son is like the smell of the fields that the Lord has blessed.”³⁵⁹Gen 27:27. From here we get that the sense of smell is blessed. And it is also written, “’Let every soul praise [tehallel] the Lord!’³⁶⁰Ps 150:6. Which thing is it that gives joy to the soul but not to the body? You must say that this is smell!”³⁶¹B. Berakhot 43b. For the sense of sight there are many blessings such as one sees the sun at the summer solstice should say this blessing: “Blessed is He who makes Creation,”³⁶²Current practice is to recite this Birkat Ha-Hamah – “the Blessing of the Sun” – every 28 years at tekufat Nisan –the beginning of spring, rather than tekufat Tammuz – the beginning of summer, to which R. Bahya refers here. See b. Berachot 59b: “He who sees the sun at its turning point should say, ‘Blessed is He who makes the works of Creation.’ And when is this? Abaya said: every 28th year.” and similarly the blessing for moon in each month.³⁶³B. Sanhedrin 42a. And they said in the chapter Ha-Ro-eh – “He who sees”: ³⁶⁴B. Berakhot 59b. R. Bahya’s quotation differs slightly from its source in the Talmud. “He who sees the sun at its turning point,the moon in its purity, the planets in their courses, and the signs of the zodiac in their season, should say: ‘Blessed is He who makes the work of creation.’” And this is what you will find in the story of the making of Creation: “They shall serve as signs for the set times – the days and the years,” because the lights, besides giving light, also are signs by which the future is hinted at, what our rabbis z”l meant by saying:³⁶⁵B. Sukkah 29a. “When the lights are in eclipse, it is a bad sign for “the nations of the world.”³⁶⁶“The lights” – the moon and the stars; “the nations of the world” – a euphemism for Israel! And they are also a sign for Israel when to recite the Shma in the morning, because the mitzvah is to recite it at sunrise,³⁶⁷B. Berakhot 9b. and when to recite the Shma in the evening, because the mitzvah is to recite it “when the stars come out.”³⁶⁸B. Berakhot 2a. And this is the meaning of what is written in: “Lift high your eyes and see Who created these,”³⁶⁹Is 40:26. because through looking at this, a person is roused to see that the are creations, and to praise his Creator for them by either a blessing or some other expression of praise. And in the chapter Ha-Ro-eh, it also says, “Whoever goes out in the days of Nisan and sees the trees sprouting, he should say, ‘Blessed is He who has not left His world lacking in anything and has created in it goodly creatures and goodly trees for the enjoyment of humanity.”³⁷⁰B. Berakhot 43b. And likewise whoever sees their friend after not seeing them for twelve months, one says, “Blessed is He Who revives the dead,”³⁷¹Ibid., 58b. and after thirty days he says a Shehekheyanu blessing, ³⁷²Ibid. and likewise whoever sees a rainbow says, “Blessed is He Who remembers the covenant,³⁷³Ibid., 59a. and so with all the rest of the things for which they fixed a blessing for seeing them. And so that’s what the chapter Ha-Ro-eh talks about.³⁷⁴Ibid., 54a. For the sense of hearing they also fixed blessings. For good news, one recites the blessing Ha-Tov ve-Ha-Metiv; for bad news, “Barukh dayan ha-emet”- “Blessed is the true Judge.”³⁷⁵Ibid. However, they did not fix a blessing for when someone hears a sound [kol] of a lyre or pipe so sweet that it make their soul happy and it enjoys it, as it is written, “for your voice [kol] is sweet.”³⁷⁶S.S. 2:14. The reason why is because sound isn’t actually a thing. Now if you would say the same is true of smell, there is actually something in fruits that give off their smell. And if you would say that there is something in the instrument or singer that produces the sound, the smell that comes from fruits is not like the sound that comes from a person’s body or a musical instrument. For the smell of a fruit or a spice is from their body and essence, but the sound of a human being or musical instrument is not from their body and essence, but rather the result of air blowing through it. Nor did they fix a blessing for the sense of touch, because it is included in the sense of taste. And this is the reason why the Torah mentions these four senses explicitly. When it is written, “that cannot see or hear or eat or smell,”³⁷⁷Dt 4:28: “There you will serve man-made gods of wood and stone, that cannot see or hear or eat or smell,” is the whole verse. The original context, where this refers to the idolatry that the Israelites will eventually fall into, is certainly thought-provoking in light of R. Bahya’s discussion here of the significance of the senses. it does not mention the sense of touch, because it is included in “that cannot eat,” which is the sense of taste. And you must understand that it is among the wonders of the formation of the human body that these five senses in it are implanted in the five organs that are the tools and gateways of the intellectual soul, which derives its nobility from the Holy Spirit in it, and human being’s high rank and greatness is their result, because they are the basis for his activity in doing mitzvot, and likewise for committing sins, for by means of them he will be rewarded, and by means of them he will be punished, according to how he chooses to use them. Therefore Scripture faults avodah zarah for its lack of these senses in order to instruct us about their importance. Because idols are lacking in their ability to sense and are generally incomplete, they have no power to save. And if so, how could those who worship these other gods in times of distress call out, “Rise up and save us!?”³⁷⁸R. Bahya is referring back to Dt. 4:28 in its original context. See note above.

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.

“For what great nation is there that has a God so close at hand?”⁵Deut. 4:7. Note that elsewhere, Rav Kook cites this biblical passage explicitly in the context of elaborating the goal of creating an exemplary and enlight-ened socioeconomic order in Israel. E.g., “In order to fulfill this aspiration, it is particularly necessary that this community possess a political and social state and national sovereignty at the peak of human culture—‘surely a wise and understanding people is this great nation’” (Deut. 4:6), Orot (Jerusalem: Mossad Harav Kook, 1993), 104. What is remarkable about the Jewish people is its ability to view existence through the lens of holiness;⁶Holiness is a central concept in Rav Kook’s thought. For an insightful discussion, see Norman Lamm, “Harmonism, Novelty and the Sacred,” in Rabbi Abraham Isaac Kook and Jewish Spirituality, ed. Lawrence J. Ka-plan and David Schatz (New York: New York University Press, 1995), 159–77; see also the introduction to this volume, p.48. it knows, with the full force of its being, that life has the greatest value to the extent that it is infused by godliness and that a life without a touch of the divine is not worth anything. Even more than that, they know that a godly life is true life, and life without God is no life at all. This knowledge, lying deep within the people’s soul, gives it a unique character and impresses itself on each and every one of her individual members. The light and salvation of each person depends on the depth and force of this imprinting awareness that the value of life is in its godliness. “And you, who held fast to the Lord your God, are all alive today.”⁷Deut. 4:4.

“For what great nation is there that has a God so close at hand?”⁵Deut. 4:7. Note that elsewhere, Rav Kook cites this biblical passage explicitly in the context of elaborating the goal of creating an exemplary and enlight-ened socioeconomic order in Israel. E.g., “In order to fulfill this aspiration, it is particularly necessary that this community possess a political and social state and national sovereignty at the peak of human culture—‘surely a wise and understanding people is this great nation’” (Deut. 4:6), Orot (Jerusalem: Mossad Harav Kook, 1993), 104. What is remarkable about the Jewish people is its ability to view existence through the lens of holiness;⁶Holiness is a central concept in Rav Kook’s thought. For an insightful discussion, see Norman Lamm, “Harmonism, Novelty and the Sacred,” in Rabbi Abraham Isaac Kook and Jewish Spirituality, ed. Lawrence J. Ka-plan and David Schatz (New York: New York University Press, 1995), 159–77; see also the introduction to this volume, p.48. it knows, with the full force of its being, that life has the greatest value to the extent that it is infused by godliness and that a life without a touch of the divine is not worth anything. Even more than that, they know that a godly life is true life, and life without God is no life at all. This knowledge, lying deep within the people’s soul, gives it a unique character and impresses itself on each and every one of her individual members. The light and salvation of each person depends on the depth and force of this imprinting awareness that the value of life is in its godliness. “And you, who held fast to the Lord your God, are all alive today.”⁷Deut. 4:4.

“For what great nation is there that has a God so close at hand?”⁵Deut. 4:7. Note that elsewhere, Rav Kook cites this biblical passage explicitly in the context of elaborating the goal of creating an exemplary and enlight-ened socioeconomic order in Israel. E.g., “In order to fulfill this aspiration, it is particularly necessary that this community possess a political and social state and national sovereignty at the peak of human culture—‘surely a wise and understanding people is this great nation’” (Deut. 4:6), Orot (Jerusalem: Mossad Harav Kook, 1993), 104. What is remarkable about the Jewish people is its ability to view existence through the lens of holiness;⁶Holiness is a central concept in Rav Kook’s thought. For an insightful discussion, see Norman Lamm, “Harmonism, Novelty and the Sacred,” in Rabbi Abraham Isaac Kook and Jewish Spirituality, ed. Lawrence J. Ka-plan and David Schatz (New York: New York University Press, 1995), 159–77; see also the introduction to this volume, p.48. it knows, with the full force of its being, that life has the greatest value to the extent that it is infused by godliness and that a life without a touch of the divine is not worth anything. Even more than that, they know that a godly life is true life, and life without God is no life at all. This knowledge, lying deep within the people’s soul, gives it a unique character and impresses itself on each and every one of her individual members. The light and salvation of each person depends on the depth and force of this imprinting awareness that the value of life is in its godliness. “And you, who held fast to the Lord your God, are all alive today.”⁷Deut. 4:4.

"And with great awe" - this [refers to the revelation of] the Divine Presence, as it is stated (Deuteronomy 4:34), "Or did God try to take for Himself a nation from within a nation with enigmas, with signs and with wonders and with war and with a strong hand and with an outstretched forearm and with great and awesome acts, like all that the Lord, your God, did for you in Egypt in front of your eyes?"

That He prohibited us from inclining towards idolatry and occupying ourselves with its narratives - meaning to say, into this study of spirituality. [That] means, star x descends according to this description and [then] does such; and [when] they burn incense to y and stand before it according to this description, it does thing z - and that which goes in this way. For thought about these things and study with these [types of] expressions is what arouses a person to seek them and their worship. And the verse that prohibited us from this content is His saying, "Do not turn to the idols" (Leviticus 19:4). And the language of the [Sifra] (Sifra, Kedoshim, Chapter 1:11) is, "If you turn to them, you make them gods." And there (Sifra, Kedoshim, Chapter 1:10), they said, "Rabbi Yehudah says, 'Do not turn to see them'" - it is not even permissible to observe the appearance of the image's form and the thought of its construction, so that one not spend any time [involved with any] part of it. And in the chapter [entitled] Shoel Adam (Shabbat 149a), they said, "[Regarding] writing that is under a picture or under graven images (deyokenaot), it is prohibited to read it on Shabbat. And [regarding] the image itself, even on a weekday it is prohibited to look at it, because it it is stated, 'Do not turn to the idols.' What is the [derivation from this verse]? Rabbi Yochanan said, 'Do not make a god from your minds.'" And the prohibition about this very content - meaning about the prohibition of the thought of idolatry - has already been repeated. And that is His, may He be exalted, saying, "Take heed to yourselves, lest your heart be seduced" (Deuteronomy 11:16). [This] means to say [that] if you have your heart delve into it, it will bring you to veer from the [true] path, and to become involved in its [actual] worship. And He also said about this exact content, "And lest you lift your eyes to the sky" (Deuteronomy 4:19). For He did not come to forbid a person from seeing them with his eyes, but rather forbade the matter in which one relates to their worship with the interest of the heart. And likewise, His saying, "lest you inquire about their gods," is forbidding the inquiry about the nature of their worship, even though one does not worship them. For this all leads to erring about them. And you should know that one who transgresses this is liable for lashes. And this has already been made clear at the end of the first chapter of Eruvin (Eruvin 17b), regarding that which they said, [that] we give lashes for [going outside of] the mixing of perimeters (eruvei techumin). And they gave as a proof, His saying, "let no (al) man go out of his place" (Exodus 16:29); and someone asked and said, "But how can they give lashes for a prohibition, with the word, al, when the commandment did not come with the word, lo? And they answered him rhetorically, "And do we not give lashes for anything that comes with the word, al? But if so, we would also not give lashes for, 'Do not turn to the idols!'" Behold this indicates that we give lashes for this negative commandment. (See Parashat Kedoshim; Mishneh Torah, Foreign Worship and Customs of the Nations 2.)

The question of whether smoking is prohibited not only on Yom Tov but at all times hinges upon the general halachic requirement that we refrain from dangerous and unhealthy activities. The source for this requirement is Devarim 4:15, where we are instructed, “V’nishmartem me’od l’nafshoteichem,” “You shall guard your souls exceedingly carefully.”⁵For a full discussion of this matter, see the essay written by Dr. Shalom Buchbinder and Dr. James DiPoce in The Journal of Halacha and Contemporary Society 42:70-99. The Rambam seems to divide this requirement into two different categories. He lists (Hilchot Dei’ot 4:1) certain foods and activities that, because they weaken the body, one needs (“tzarich”) to avoid, but also mentions (Hilchot Rotzeiach Ushmirat Nefesh 11:5) numerous dangerous activities that Chazal outright prohibited. The activities listed in Hilchot Rotzeiach Ushmirat Nefesh appear to be strictly forbidden, while those in Hilchot Dei’ot seem to be discouraged, but not technically forbidden. Rav Waldenberg (Teshuvot Tzitz Eliezer 15:39) understands that this is because the former are far more dangerous than the latter. Thus, while it is technically prohibited to drink from water in which a snake may have placed its venom, it is not outright prohibited to overindulge in fattening foods.

Indeed, it may be argued that the mizvah is fulfilled in the optimum manner by committing Torah novellae to writing. Since "Even that which a conscientious student will one day teach in the presence of his master was already told to Moses at Sinai" (Palestinian Talmud, Pe'ah 2:4) the Torah is, in a fundamental sense, incomplete until that novellum has been formulated.⁵Cf., Sefer Ḥasidim, no. 570: “Anyone to whom the Holy One, blessed be He, reveals a matter and he does not write it even though he is able to write, [that person] steals from Him who revealed [the matter] to him. For He revealed to him only that he might write.” See also Brit Olam, ad loc. In a kabbalistic vein, R. Zadok ha-Kohen of Lublin writes that just as the original act of creation took place through Torah so is creation continually renewed through formulation of Torah novellae. Those novellae when endowed with permanence through transcription constitute “eternal life.” R. Zadok ha-Kohen further comments that an individual may have been created specifically in order to serve as the medium through which a particular insight is revealed. Hence, if that individual fails to transmit this insight orally to his students or to record it in writing for posterity he may be required to undergo reincarnation in order that this telos be achieved. See Maḥshevot Ḥaruẓ (New York, 5715), pp. 113-114. Committing such novallae to writing is, then, a completion of the transcription of the Torah. Accordingly, it follows that, fundamentally, an author writes for his own benefit,⁶I am indebted to my son for pointing out that committing Torah novellae to writing redounds to the author’s benefit in another sense as well. The Gemara, Menaḥot 99b, declares that one who forgets even a single detail of Torah transgresses a negative commandment. R. Moshe Sternbuch, Mo‘adim u-Zemanim, VIII, Introduction, cites a statement of R. Chaim of Volozhin to the effect that this prohibition applied only when the Oral Law was as yet not committed to writing. Under such circumstances there was reason to fear that any matter, once forgotten, would not be transmitted to subsequent generations. However, declared R. Chaim of Volozhin, once the Oral Law has been committed to writing it is readily available for posterity. Rabbi Sternbuch observes that one who does not commit his own insights to writing places himself in the position of causing them to be forgotten. Such insights, once formulated, constitute an integral part of the Oral Law and hence are subsumed under the prohibition “Only take heed to yourself and keep your soul diligently lest you forget” (Deuteronomy 4:9). for his writing constitutes the optimal fulfillment of his personal commandment "And now write unto yourselves this song and teach it to the children of Israel."

In order to resolve the apparent contradiction between Sukkah 42a and Kiddushin 29a and in order to explain Rema's ruling it may be postulated that there exist two separate and distinct mizvot with regard to teaching Torah to one's children. "And you shall teach them to your children" quite obviously constitutes a biblical command. Rambam, Hilkhot Talmud Torah 1:7, and Shulḥan Arukh, Yoreh De'ah 245:6, declare that a father must teach his son the entire Written Law, including the Prophets and the Hagiographa; according to Rashi, Kiddushin 30a, the father's responsibility is limited to instruction in the Pentateuch. However, once the child has become proficient in the designated subject matter the father is relieved of all further obligation. The commandment "And you shall meditate thereon day and night" (Joshua 1:8) does indeed establish an ongoing obligation to study Torah even if the subject matter has been totally mastered, and, as recorded by Rambam, Hilkhot Talmud Torah 1:10, the verse "and lest they [the precepts] depart from your heart all the days of your life" (Deuteronomy 4:9) establishes an obligation to review the material one has already mastered since "whenever one ceases to engage in study, one forgets." Nevertheless, the subject matter in which a father must cause his son to become proficient is clearly circumscribed.

(Peh) A man shall give redemption for his soul by doing good to the good – which are the Torah scholars – when he benefits them with his property. As through this, he merits to give life to his soul at the time that ‘corpses will arise.’ It is like the statement of [the Sages], may their memory be blessed [in the] chapter [entitled] HaNoseh (Ketuvot 111b):
Rabbi Elazar said, “The common, uneducated people (amei ha-arets) will not live [in the future to come].” Rabbi Yocḥanan said to him, “Their master, (i.e. God), is not pleased that you say this about them.” He said to him, ‘I expound it from a […] verse […] (Isaiah 26:19), ‘For Your dew is as the dew of light, etc.’” When he saw that [Rabbi Yocḥanan] was grieved, he said to him, “My teacher, I have found a remedy for them from the Torah, ‘But You who cleave to the Lord [your God, are alive every one of you this day]’ (Deut. 4:4). But is it possible to cleave to the Divine Presence? Isn’t it written, ‘For the Lord your God is a devouring fire’ (Deut. 4:24)? Rather, [it teaches] that anyone […] who conducts business on behalf of Torah scholars, and one who benefits Torah scholars with his property, [it is] as though he is cleaving to the Divine Presence, [and it is written, ‘are alive every one of you this day’].”  [See there.]
Behold that the revival of the dead is [dependent] only upon the dew of Torah – only one who [utilizes his wealth to] benefit Torah scholars has their dew, like the matter of Zevulun and Yissachar.⁵⁵See Bamidbar Rabbah 13:17 which speaks about such an arrangement between these two tribes. And this is the intention of their statement, may their memory be blessed, in the chapter [entitled] Chelek (Sanhedrin 90a), “These are the ones that do not have a share in the world to come: One who says that the revival of the dead is not from the Torah.”⁵⁶The traditional meaning of this – as understood in the Talmud – is that he denies that there is a source in the Torah for the revival of the dead. And they say [further on the same page] in the Talmud, “He denied the revival of the dead; therefore he has no resurrection.” Its explanation is that even though he agrees with the principle of resurrection, he says that it is not caused by Torah and [so] denies its cause – [such a one] has no resurrection. [This is] since there is no cause for it besides Torah – his or that of others who benefit from him. And since he denies this, it will not resurrect him. Indeed, every man should believe that this is the essence of the resurrection; and then he will merit to arise with ‘the sleepers of Chevron,’⁵⁷This is referring to the patriarchs and matriarchs buried in Chevron. and rejoice in the joy of Zion, may it be built and established speedily in our days!

(Peh) A man shall give redemption for his soul by doing good to the good – which are the Torah scholars – when he benefits them with his property. As through this, he merits to give life to his soul at the time that ‘corpses will arise.’ It is like the statement of [the Sages], may their memory be blessed [in the] chapter [entitled] HaNoseh (Ketuvot 111b):
Rabbi Elazar said, “The common, uneducated people (amei ha-arets) will not live [in the future to come].” Rabbi Yocḥanan said to him, “Their master, (i.e. God), is not pleased that you say this about them.” He said to him, ‘I expound it from a […] verse […] (Isaiah 26:19), ‘For Your dew is as the dew of light, etc.’” When he saw that [Rabbi Yocḥanan] was grieved, he said to him, “My teacher, I have found a remedy for them from the Torah, ‘But You who cleave to the Lord [your God, are alive every one of you this day]’ (Deut. 4:4). But is it possible to cleave to the Divine Presence? Isn’t it written, ‘For the Lord your God is a devouring fire’ (Deut. 4:24)? Rather, [it teaches] that anyone […] who conducts business on behalf of Torah scholars, and one who benefits Torah scholars with his property, [it is] as though he is cleaving to the Divine Presence, [and it is written, ‘are alive every one of you this day’].”  [See there.]
Behold that the revival of the dead is [dependent] only upon the dew of Torah – only one who [utilizes his wealth to] benefit Torah scholars has their dew, like the matter of Zevulun and Yissachar.⁵⁵See Bamidbar Rabbah 13:17 which speaks about such an arrangement between these two tribes. And this is the intention of their statement, may their memory be blessed, in the chapter [entitled] Chelek (Sanhedrin 90a), “These are the ones that do not have a share in the world to come: One who says that the revival of the dead is not from the Torah.”⁵⁶The traditional meaning of this – as understood in the Talmud – is that he denies that there is a source in the Torah for the revival of the dead. And they say [further on the same page] in the Talmud, “He denied the revival of the dead; therefore he has no resurrection.” Its explanation is that even though he agrees with the principle of resurrection, he says that it is not caused by Torah and [so] denies its cause – [such a one] has no resurrection. [This is] since there is no cause for it besides Torah – his or that of others who benefit from him. And since he denies this, it will not resurrect him. Indeed, every man should believe that this is the essence of the resurrection; and then he will merit to arise with ‘the sleepers of Chevron,’⁵⁷This is referring to the patriarchs and matriarchs buried in Chevron. and rejoice in the joy of Zion, may it be built and established speedily in our days!

The pious men of olden days were wont to write their transgressions on a tablet when they sinned in order to confess their sins,¹The previous chapter instructs him to enumerate his sins. This can be done if he records them. Hence the custom of the pious (Perush). also in order to remember, regret and do penance. Because if he remembers his transgressions and that in the future he must give an accounting of them,²Another reason for recording them is to fulfill the demands of the verse. he will do penance, therefore it is good to record them, to fulfill that which is written, “And my sin is ever before me” (Ps. 51:5). And he remembers the day of death, Gehenna, and the day of judgement and lastly the love of heaven which is the best.³Yoma 86b. Let him write them cryptically in order that nobody sees them. The statement of the rabbis that one who declares his sins is called “impudent,” refers to one who enumerates his sins, who tells everyone wherein he sinned. But one is permitted to tell a humble and righteous individual one of his transgressions, that he may be able to teach him how to do penance. Or he should inquire of him inexplicitly, “ If a person has committed such a transgression and comes to repent, how does he do penance?” Even though penance and weeping are good for the person at all times, the days between the New Year and the Day of Atonement are better,⁴Rosh ha-Shanah 18a. and they (penance and weeping) are immediately accepted, as it is written, “Seek ye the Lord while He may be found” (Isa. 55:6). This is said only concerning the individual, but with the community, as long as they are doing penance and crying with whole hearts, they are answered, as in a similar matter where it is written, “For what great nation is there, that hath God so nigh unto them, as the Lord our God is whensoever we call upon Him?” (Deut. 4:7) The Day of Atonement is the day of penance for each individual and the community, it is the time of remission and pardon for all Israel. Therefore, all are enjoined to do penance and to confess on the Day of Atonement. And the commandment concerning confession on the Day of Atonement is that it start while yet day before the individual eats or drinks lest he choke. Let him recite the confessional that is customary “But we have sinned,” and this is the quintessence of the Confessional. Transgressions, even though he has confessed them on the Day of Atonement and he is yet within a state of penance, them he confesses on another Day of Atonement, as it is written, “For I know my transgression: and my sin is ever before me” (Ps. 51:5).⁵Yoma 86b.

The Mishnah Berurah and Aruch Hashulchan teach us not to get carried away on Purim. Unfortunately, many of us know of friends who have been killed or seriously injured in accidents on Purim as a result of excessive drinking. We must remember that Torah commands us to maintain our health and well-being (Devarim 4:9; Rambam, Hil. Rotzeiach 11:4).

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?

It is clear that what Rambam forbids Noachides is prohibited to Jews as well. Jews, after all, are explicitly commanded, "You shall not add to the matter which I command you" (Deuteronomy 4:2). One hesitates to state that Torah reading and aliyot, at least as now practiced by women's prayer groups, fall within the category of the forbidden ritual innovations prescribed by Rambam in Hilkhot Melakhim. Nevertheless, it appears that such practices come dangerously close to being so.⁴There is yet another consideration that augurs against women’s prayer services which include the Reading of the Torah. Rema, Oraḥ Ḥayyim 88:1, records a difference of opinion with regard to whether it is proper for a woman to enter a synagogue during the time of her monthly menstrual period. Magen Avraham, Oraḥ Ḥayyim 88:2, and Taz, Oraḥ Ḥayyim 88:2, followed by Mishnah Berurah 88:7, indicate that it is our practice for women to attend services in the synagogue at such times but caution them not to gaze at the Torah scroll when it is lifted to be shown to the assemblage. Kaf ha-Ḥayyim, Oraḥ Ḥayyim 88:11, permits such women even to gaze upon the script of the Torah scroll.
Although none of these authorities distinguish between gazing upon a Sefer Torah and touching it, there are sources that indicate that a distinction must be drawn between mere gazing and touching. Apparently, it was the practice in some circles to place a Torah scroll in the hands of a woman experiencing severe difficulty in labor. Teshuvot Ḥinnukh Bet Yehudah, no. 71, decries this practice on the grounds that a woman in a state of ritual impurity should not touch the Sefer Torah and therefore advises that the Torah scroll be brought only to the door of the delivery room “that the merit of the Torah protect her” but that the scroll not be placed in her hands. It is clear that Teshuvot Ḥinnukh Bet Yehudah forbids such women to touch even the wooden handles to which the parchment scroll is attached. A similar position is recorded in the name of Sefer Torat Ḥannokh by R. Dov Ber Spitzer, “Seder Ḥinnukh Sefer Torah,” sec. 3, published in Toldot Kol Aryeh (New York, 5723). However, Shulḥan Arukh, Yoreh De‘ah 282:8, specifically permits a menstruating woman to touch a Torah scroll.

Although Maharaz Hayes (with one exception, as will be noted later) does not identify the earlier authorities who distinguish between the Oral Law and the Written Law, this distinction may readily be inferred from a comment incorporated by Rabbenu Gershom in his commentary on Baba Batra 21b.¹⁴Indeed, the verse “… for it is your wisdom and your understanding in the eyes of the nations who will hear all these statutes and say, ‘Surely this great nation is a wise and understanding people’ ” (Deut. 4:6) would seem to indicate that it is the divine intent that non-Jews be aware of the contents of the Pentateuch; cf., R. Chaim Sofer, Maḥaneh Ḥayyim, II, Yoreh De‘ah, no. 46, sec. 3. Alternatively, the verse must be understood as referring to the observance of the statutes; cf., Rashi’s commentary ad locum. See also R. Reuben Margulies, Nefesh Ḥayah, Oraḥ Ḥayyim 334:12. The Gemara declares that although residents sharing a common courtyard cannot prevent one of their group from accepting Jewish pupils for Torah instruction they may legitimately prevent any person who shares their courtyard from providing instruction to non-Jewish students. Since it is, in general, forbidden to teach Torah to non-Jews, the immediate question which presents itself is what type of instruction is under consideration? Rabbenu Gershom comments that the type of instruction under discussion is instruction "in medical texts or mikra," i.e., the Written Law.¹⁵This distinction between the Written Law and the Oral Law is also found in the earlier cited responsum of R. Elia Menachem Chalfan, Jewish Quarterly Review, IX, 507. This responsum is probably the earliest explicit formulation of a distinction between the teaching of Written Law and Oral Law. The obvious implication is that, when such instruction is provided under conditions which do not cause nuisance to others, the Written Law may indeed be taught to non-Jews.

Because the maintenance of a complete and healthy body is a G-dly path—since it is impossible to understand or apprehend any knowledge of the Creator when one is sick—therefore you must keep away from things that damage the body, and develop habits that improve the body and heal it. Similarly, it is said: “You shall guard yourselves very well.”¹Devarim 4:15.

Rabbi Rosen rules against the use of mazah. He asserts that scrupulous avoidance of ḥamez on the day preceding Passover is tantamount to adding an additional day to that festival and constitutes a violation of the injunction, "You shall not add to the word which I command you" (Deut. 4:2). It would appear that the opposite conclusion might be deduced from Rosh Hashanah 28b and Eruvin 96a which indicate that sitting in a sukkah following the conclusion of the festival does not constitute a violation of this prohibition unless the individual has explicit intenton (kavanah) of fulfilling the commandment of dwelling in the sukkah. Rabbi Rosen, however, argues that we may not conclude that lack of such intention with regard to eating mazah is sufficient to obviate the transgression of "Thou shalt not add." It is forbidden to sit in the sukkah after the holiday only if there is specific intent to fulfill a commandment, because there is nothing in the act itself which indicates that it is being done for the purpose of a mizvah; the eating of mazah at both Sabbath meals coupled with scrupulous avoidance of ḥamez, argues Rabbi Rosen, is in itself an indication that one is observing that day as one of the days of Passover. Employing a similar rationale, an early authority, Mordekhai, rules that although one must eat in the sukkah on Shemini Azeret, one may not sleep in the sukkah on that day. Mordekhai maintains that while partaking of food in a boothlike structure is not out of the ordinary, it is unusual for a person to sleep in a sukkah other than on Sukkot. By sleeping in a sukkah the individual "appears to be adding" to the biblical requirement.

In a number of places, the Torah presents us with the mission of serving as a role model for other nations.¹⁴See Shemot 19:6, Seforno’s comments ad. loc., and Devarim 4:6. Indeed, part of every Jew’s role is to emulate the kiddush Hashem created by Avraham Avinu, who is referred to by his Hittite neighbors as “a prince of God amongst us” (Bereishit 23:6). Chazal regard a chillul Hashem as such a major infraction (see, for example, Yoma 86a) because setting a positive example for others is at the core of the mission of the Jewish people.

Accordingly, the sight of an observant Jew smoking in our time constitutes a chillul Hashem, and it certainly does not create the impression of “a knowledgable and wise nation” (Devarim 4:6).

It is correct that when you say "and chose us" to remember standing at Mt. Sinai , concerning 'chose us", as it is written "lest you forget the things....the day you stood before the Eternal Your God at Horeb(Deuteronomy 4:9)." And when you say, "Your great name, " remember the incident of Amalek that The Name is not whole until one wipes out the descendants of Amalek, as it is written, "Remember what Amalek did to you ..."(Deuteronomy 25:16)" And when you say, "To acknowledge You" remember that the mouth was created to acknowledge Him who is blessed and not to speak words of gossip. And remember the incident of Miriam, as it is written, "Remember what the Eternal your God did to Miriam...(Deuteronomy 24:8)" And when you say "In love" remember concerning what is written, "Remember how you provoked the Eternal your God in the wilderness (Deuteronomy 9:7)." And when you read, "And when you remember all of God's commandments", remember that Shabbat is equal to all the commandments, as it is written, " Remember the Sabbath day (Exodus 20:8)." As it is said, never forget the Sabbath day. And like Amram of blessed memory: From one Sabbath to the next Sabbath. And therefore in the Psalm of the day we read: "This is the first day of the Sabbath....." And when we say, "from the four corners of the earth," place the corners of the tallit that are upon his shoulders to fall downward. (Magen Avraham, small paragraph, Bet, and we are not concerned with this. See Pri Etz Chayim, Gate of the Recitation of the Shma, Chapter 3, and you will understand what we are not accustomed to. And be precise and find easy.)

The oft-cited Tosafot, Sanhedrin 63b and Bekhorot 2b, states only that one may administer an oath to a Christian even though he swears in the name of the Trinity. Tosafot declares that nowhere is there a prohibition against causing gentiles to "incorporate" another deity in an oath. Noda bi-Yehudah Mahadurah Tinyana, Yoreh De'ah, no. 148, carefully distinguishes between shituf, i.e., trinitarianism as a doctrine of belief and an oath in the name of the Trinity. Noda bi-Yehudah declares the former to be idolatry and forbidden to Jew and gentile alike. An oath in the name of a pagan god is forbidden by virtue of the commandment "and in His name shall you swear" (Deut. 10:20). This is, however, an admonition addressed only to Jews. Such an oath is not forbidden to a non-Jew since swearing an oath does not constitute an act of worship. Accordingly, rules Tosafot, a Jew commits no offense in causing a non-Jew to swear such an oath. See also Sha'ar Efrayim, no. 24; Me'il Ẓedakah, no. 22; Teshuvot ve-Shev ha-Kohen, no. 38; Teshuvot Hadashot le-Rabbeinu Akiva Eger (Jerusalem, 5738), addenda, pp. 164-166; Pri Megadim, Yoreh De'ah, Siftei Da'at 65:11 and Oraḥ Hayyim, Eshel Avraham 156:2; and Mahazit ha-Shekel, Oraḥ Hayyim 156:2. Others interpret Tosafot as meaning that shituf or trinitarianism does not constitute idolatry for Noachides. See Rema, Oraḥ Hayyim, 156:1; Darkei Mosheh, Yoreh De'ah 151; Shakh, Yoreh De'ah 151:1 and 151:7; Derishah and Baḥ, Hoshen Mishpat 182; Teshuvot Havot Ya'ir, no. 1 and no. 185; R. Ya'akov Emden, Mor u-Kezi'ah 224; Mishnat Hakhamim, Hilkhot Yesodei ha-Torah; Rabbi Z. Boskowitz, Seder Mishnah, Hilkhot Yesodei ha-Torah and Shoshan Edut (commentary on Eduyot), p. 188; Teshuvot ve-Shev ha-Kohen, no. 38; Rabbi A. Vermeiz, Me'orei Or, IV, 8a and 13a and V, 111b; Revid ha-Zahav, Parshat Yitro; Yad Sha'ul; Yoreh De'ah 151; Teshuvot Sho'el u-Meshiv, Mahadurah Tinyana, I, no. 26 and no. 51; R. Zevi Hirsch Chajes, Kol Sifrei Maharaz Hayes I, 489-490; Ha-Ketav ve-ha-Kabbalah, Deuteronomy 4:19; and Pitḥei Teshuvah, Yoreh De'ah, 147:2. The one early authority who unequivocally rules that Christians are not idolaters is Me'iri. See Bet ha-Beḥirah, Avodah Zarah, ed. Abraham Sofer (Jerusalem, 5725) passim, particularly pp. 4, 28 and 46. See also R. David Zevi Hoffmann, Der Shulchan Aruch und die Rabbinen über das Verhältnis der Juden zu Andersgläubigen (Berlin, 1885), pp. 4-7.

Although in terms of normative Halakhah tourists finding themselves in Israel over Yom Tov must observe the second day of the holiday as they do in their own homes, this practice is by no means universally agreed upon. Some of the divergent views which have been advanced are intriguing. One noted authority, R. Zevi Ashkenazi, Hakham Ẓevi, no. 167, declares that visitors to Israel are not required to observe the second day of the festivals and moreover, they are forbidden to do so. The argument for observance of the second day of Yom Tov in Israel is predicated upon the principle that a person away from home must continue to observe the more stringent practices of his place of domicile. However, observance of an extra day of Yom Tov, argues Hakham Ẓevi, involves a leniency no less than a stringency; observance of an additional day of Yom Tov is not permitted because it constitutes violation of the prohibition "Thou shalt not add thereto." On the basis of Rosh Hashanah 28b, numerous authorities conclude that, under certain conditions, sleeping in a sukkah on Shemini Azeret is an infraction of "Thou shalt not add to the word which I command you" (Deut. 4:2) and is a punishable offense.

In the morning, we do not put on the tefillin, because tefillin are called an "ornament." Neither do we put on the large tallis, because it is written, "Bitza imraso" (Lamentations 2:17), and the Targum translates, "He tore his purple cloak apart." But you should put on your tallis katan (small tallis) without saying a berachah.³If you removed your tallis katan at night, some maintain that you should say a berachah when you put it on in the morning. (Ibid. 555:2) You should go to the synagogue a bit earlier than usual.⁴If starting Shacharis early will cause the congregation to conclude saying Kinnos much before midday, it is better not to start too early. (Ibid. 559:16) No light should be lit for the prayers.⁵At Minchah, however, lights may be lit. (Ibid. 559:15) Again, prayers should be said in a low and tearful voice. We do say Mizmor Lesodah (a Psalm of thanksgiving). In the repetition of the Shemoneh esrei the Chazzan says Aneinu (Answer us) between Ga'al Yisrael (the Redeemer of Israel) and Refa'einu (Heal us), as on every other public fast day. He does not say the Birkas kohanim (priestly blessing).⁶This rule is not mentioned in Mishnah Berurah. After the Shemoneh esrei, he says half-kaddish. We do not say Tachanun or Keil erech apayim (O' God, slow to anger), because Tishah beAv is called a moed. A Seifer Torah is taken out and the section Ki solid banim etc. is read (When you will have children) etc. (Deuteronomy 4:25), is read for three persons. It is proper for the one called up, to say quietly, Baruch dayan ha'emes⁷This custom is also not mentioned in Mishnah Berurah. (Blessed is the true Judge) before saying the berachah. After the reading of the Torah, half-kaddish is said, and the haftarah is read of the chapter, Asof asifeim, [I will destroy them completely] (Jeremiah 8:13) in the tone of Eichah. The Seifer Torah is then replaced in the Ark. Everyone is seated on the floor to say Kinnos.⁸During the saying of Kinnos, it is forbidden to walk out of the synagogue or to engage in conversation which interrupt your thoughts and feelings of mourning the destruction. Light-headedness is always forbidden in the synagogue, and certainly so on Tishah beAv, a day of mourning over the destruction and the consequent exile of our people. (See Mishnah Berurah 559:22) The saying of kinnos should be drawn out, until close to noon. Then Ashrei (Fortunate are those) is said omitting Lamenatzei'ach, (For the conductor), and we say Uva letziyon go'eil [A redeemer shall come to Zion] etc., but we omit the verse Va'ani zos berisi [And as for Me, this is My covenant], for it would appear, as if He established a covenant for the Kinnos, and, besides, it would be inappropriate to say Va'ani zos berisi etc., Lo yamushu mipicha etc. (My words shall not depart from your mouth), since no one is studying Torah, as Torah study is forbidden (on Tishah beAv). But at a mourner's house, during the entire year, except on Tishah beAv, the verse should be said, for, although the mourner is not studying Torah, those that come to console him are not exempt [from Torah study]. Then, Ve'atah kadosh is said (And You are the Holy One) etc., followed by the complete kaddish, omitting tiskabbeil, then Aleinu (It is our duty) is said, and the mourner's kaddish. We do not say Shir hayichud (Song of God's Unity), nor Shir shel yom (Song of the day), nor Pittum haketores (The incense mixture). It is proper for everyone to read Eichah afterwards

And this negative commandment - meaning, the prohibition of thought about idolatry - is repeated in another place, as it is stated (Deuteronomy 11:16), "Guard yourselves, lest your hearts be seduced and you serve, etc." [This is] meaning to say that if your heart spends much time in thinking about it, it will be a cause to divert you from the straight path and to be involved in its service. And it is also stated about this matter (Deuteronomy 4:19), "And lest you lift your eyes to the heavens and see, etc." As the content [of this verse] is not that a man not lift up his eyes to the sky and observe the heavens, but [rather] the intention of the thing is that he not observe them with his heart's eye - to know their power and their makeup in order to serve them. And [it is] like it is stated in another place (Deuteronomy 12:30), "and lest you inquire of their gods, saying, 'How do these nations serve their gods, and I will do so, me too, etc.'" The verse prevents us from asking about the manner of their worship, since all of this is a cause to err about it.

From the laws of the commandment is that which they, may their memory be blessed, said (Shevuot 35a) that it is forbidden to curse in any way. But nonetheless, he is not lashed unless he cursed with a name of one of the names [of God], such as Y-ah, Sha-dai, E-loah and similar to them, or with any appellation of one of the appellations [of God], such as Compassionate, Jealous and similar to them. And he is liable in any language that he curses with a name or appellation, as the names that the gentiles call the Holy One, blessed be He, are among the appellations (even though they are in their languages). And [also] that which they said (Shevuot 36a) that even one who curses himself is lashed, as it is stated (Deuteronomy 4:9), "But you shall guard yourself and guard your soul much." And also that [which they said] in Mekhilta (see Sanhedrin 66a), "'You shall not curse the deaf' - [it is speaking] about the wretched among men." And they also said there (Mekhilta d'Rabbi Yismael 22:27) that when the verse (Exodus 22:27) states, "a chieftain (nassi) among your people, you shall not maledict, etc.," it implies both a chieftain and a judge. What [then] do we learn by saying, "[Judges] shall you not curse"? To impose liability for this one in itself and for that one in itself. From here they said, "One may speak one thing and be liable for four things. (How so?) If the son of a chieftain curses his father, he is liable on account of chieftain, on account of father, on account of judge, and on account of 'among your people you shall not maledict'" (see Tur, Choshen Mishpat 26).

And [also] that which they said (Makkot 8b) that an Israelite is exiled if he killed a slave or a resident alien; and, all the more so, a slave who killed an Israelite or a resident alien, or a slave who killed a slave, or a resident alien [who killed a slave or a resident alien], as it is stated, "and it shall be for the Children of Israel a statute of judgment, and for the stranger that lives among you." But a resident alien that kills an Israelite - whether volitionally or inadvertently - is killed for it; and a gentile that kills a gentile is not sheltered by the cities of refuge. And [also] that which they said (Makkot 8a), that a son is exiled for the killing of his father and a father is exiled for the killing of his son, and about what are these words speaking - not at the time of learning, but at the time of learning, [if it was] inadvertent as his intention was to teach him and to benefit him with wisdom or with a trade, he is exempt from exile. And so [too,] a teacher with his student likewise. And [also] that which they said (Makkot 10a) that a student that is exiled, his teacher is exiled with him, as it is stated (Deuteronomy 4:42), "he shall flee to one of these cities and live" - and they, may their memory be blessed, expounded (Makkot 10a), [that] they should do for him [what is needed] that he should live, and "wisdom gives life to he who possesses it" (Ecclesiastes 7:14). And the law of whether a husband or master must pay for the sustenance of a wife, a male slave or a maid-servant who has been exiled there; the law of a killer who died before he was exiled, that we bring his bones there; the law of a killer who killed in his city of refuge, and so [too,] a Levite who killed in his city; the law of who is a hater, about whom it is stated that he killed him with enmity, the law of what they said (Makkot 7b) that anyone who kills a soul with a downward motion is exiled, and even an upward motion for the sake of a downward motion, and anyone with an upward motion is not exiled, and even a downward motion for the sake of an upward motion; the law of a killer that the people of the city of refuge want to honor, that he is obligated to say, "I am a killer," and if they say (to him), "Nonetheless," it is permissible for him to accept [it]; the law of the altar that it shelter an inadvertent killer like a city of refuge, but only its top and with the altar of the Eternal House, and only a priest with the service in his hand, but not someone else, and they would only allow him there for a short time and afterwards they would give him bodyguards and take him to his city of refuge, and about what are these words speaking, about one of those legally liable for exile, but one who was afraid from the king that he not kill him through a provisional ruling and [so] escaped to the altar and placed [himself on it] is saved, and even if he is [not a priest], and we do not ever take him off of the altar, so did I see that Rambam, may his memory be blessed, wrote. And the rest of its details are elucidated in Tractate Makkot (see Mishneh Torah, Laws of Murderer and the Preservation of Life 5).

And also from the content of the commandment is that which they, may their memory be blessed, said (Kiddushin 30a), "To what extent is a man obligated to teach his son Torah? Rav Yehuda says that Shmuel said, '[Like], for example, Zevulun ben Dan.'" The understanding of [this is that there was] a man in their generation whose name was Zevulun ben Dan, whose father’s father taught him Scripture, Mishnah, Talmud, laws, and homiles (aggadot). And they challenged what they challenged about this in the Gemara, and the resolution was that the obligation is to teach him Scripture - which is Torah - like the father's father of Zevulun did, and even though the father's father of Zevulun ben Dan taught him more. And one who adds upon the obligation of the commandment, like the father's father of Zevulun ben Dan, brings a blessing upon himself. And one who was not taught by his fathers who are obligated in this - such as his father and his father's father - is obligated to teach himself when he is an adult and recognizes the thing, as it is stated (Deuteronomy 5:1), "and study them and do them." And if [both] the father and the son needed to study, and the father does not have [enough] in his hand that they can both study, he always [comes] before his son. But if his son is more understanding than he and his [son's] studies are more [effective], his son precedes him. And until when is every man obligated to study Torah? Until the day of his death, as it is stated (Deuteronomy 4:9), "and lest they be diverted from your heart, all of the days of your life" (Mishneh Torah, Laws of Torah Study 1:10). And the Sages emphasized the matter more by way of ethics and to teach people desire [for it] and said (Shabbat 83b) that even at the time of death, a man is obligated to study Torah, as it is stated (Numbers 19:14), "This is the law of the Torah, when a man dies in a tent." And everyone in Israel is obligated about the study of Torah (Yoma 35b) - whether poor or rich, whether healthy or one with afflictions. And they, may their memory be blessed, already said (Eruvin 54a) that all of the limbs are healed by involvement in Torah. And even a poor person that goes around to [other people's] doors, and even a married man with children - everyone - is obligated to set time for Torah [study] during the day and during the night, as it is stated (Joshua 1:8), "and you shall meditate about it day and night."

Likewise, one has a positive duty to remove and guard oneself of any life-threatening obstacle, as it is said "beware and guard your soul". If one did not removed said obstacles, one has cancelled a positive commandment and transgressed "do not bring bloodguilt" (Deut. 22:8).

To cling to Torah sages: That we were commanded to associate [with] and cling to Torah sages, so that we learn its glorious commandments from them, and they teach us the true opinions - which are received through them - about it. And about this is it stated (Deuteronomy 10:20), "to Him shall you cling." And the command is repeated in another place, as it is stated (Deuteronomy 11:22), "and to cling to Him." And they, may their memory be blessed, said (Ketuvot 111b), "And is it possible for a person to cling to the Divine Presence - and behold it is written (Deuteronomy 4:24), 'For the Lord, your God, is a consuming fire'? Rather, one who clings to the Torah scholars and their students is as if he clings to Him, Blessed be He." And from this, our Rabbis, may their memory be blessed, learned that anyone who marries the daughter of a Torah scholar, or marries his daughter to a Torah scholar or who gives benefit from his property to a Torah scholar is as if he clings to the Divine presence. And they also expounded in Sifrei Devarim 49, "'And to cling to Him' - study the words of aggadah (the homiletical teachings, as through this, you will recognize the One who spoke and the world came into being."

The order of the [9 Av] day: [Eliezer ben Yoel haLevi] wrote in the Avi haEzri: the night of 9 Av they take off their sandals and go to the synagogue and sit on the ground like mourners and light no more than one light, with which to read the Book of Lamentations and kinot. And the shaliaḥ tzibur stands and prays Aravit and says the full Kaddish and reads the Book of Lamentations and says kinot, and after that the Kedusha d’Sidra, and starts with “And You are holy." And "To Zion will come a redeemer" is not said, for there is no redemption that night, nor "And as for Me, this is My covenant," for it seems to be establishing a covenant over kinot, and there is no relation to say "And as for Me, this is My covenant" for all is exempted then. But in a mourner's house it is said, for if the mourner is exempted, the comforters are not. And he says Kaddish without "May they be accepted." And they go home, and do not greet one another except in the manner of mourners or chastened ones. And if 9 Av ends on Shabbat or the day after, they do not say "Your Justice is justice." Just as on a new moon that falls (being on the Sunday after) Shabbat, that they do not say "Your Justice is justice" on Shabbat that is 9 Av it is called a mo'ed. And they do not say Psalm 90:17 [and Psalm 91]. And some of the Gaonim wrote that they do not say Psalm 90:17 [and Psalm 91], and also not to say the Kedusha d'Sidra. And Rav Zemaḥ Gaon wrote they do not say Psalm 90:17 [and Psalm 91] but they say "And to Zion will come" and all of the Kedusha d'Sidra, except for "And as for Me, this is My covenant."And Rabbeinu Nissim wrote that they do not say Psalm 90:17 [and Psalm 91] but it is our custom to say in the evening and morning to say "And as for Me, this is My covenant." And why not say it? And the people studies Job and Jeremiah and the kinot in the morning and does the order of blessings and hymns according to other days and there are places where it is customary not to say the Song [of the Sea]. And those praying the eighteen blessings individually say "Answer us" within "Hear our Prayer," and the shaliaḥ tzibur between "Redeemer" and "Healer" as on other fast days, and says "Comfort" within "Builder of Jerusalem." And unlike other public fast days twenty-four blessings aren't said and a Closing of the Gates prayer is not said. And Rav Amram wrote it is our custom to increase seliḥot in "Forgive us." And teḥinot are not said, as it is called a mo'ed, and if it falls on Monday or Thursday one says "God, long-suffering" but does not say "And He is merciful" and in Spain they do not say "God, long-suffering." And they take out a Torah scroll and read three aliyot from the section of Va-etḥanan, "When you bear children." (Deuteronomy 4:25–40). And the maftir is the third. And the maftir reads from Jeremiah, "I will gather, gather them" (Jeremiah 8:13 - 9:23). And [Eliezer ben Yoel haLevi] wrote in the Avi haEzri that one rolls the Torah scroll in its place so as not to reduce its honor. But in Tractate Soferim 18:4 it is written: Some read the book of Lamentations in the evening, and some delay it until the morning to after the reading of the Torah scroll. After the reading of the Torah scroll, one stands and wallows in ash, and they puncture their clothes and read in weeping and wailing. If they know how to translate, all the better. And if not, give it to one who knows how to translate so that all the people and the women and children will understand, for women are required as are men, as are male children. And the one who reads on 9 Av says "Blessed is the True Judge." And some place the scroll case on the ground and say "Fallen is the crown of our head" (Lamentations 5:16) and tear their clothes and weep like a person whose dead lies before them. And some change their places, and some get down from their benches. And all wallow in ashes and do not greet one another all night and all day until all the people have finished their kinot. And at them time of kinot it is forbidden to talk or go outside, so as not to stop one's heart from grieving. And similarly, not to talk with idolaters. And if there is a mourner in the town, he goes at night to synagogue, and in the day, until they finish kinot. And if there is an infant to circumcise, they circumcise him after they finish kinot. And some delay the circumcision until after noon. And some say that we do not bless over a cup but bless without a cup. And according to the Tosafot we bless on a cup but give it to a child to drink. and we are not concerned that perhaps he may be drawn to drink from it even after he grows up, because it is not a permanent matter. And therefore, on 9 Av that falls on the day after Shabbat we don't say Havdalah and give it to a child, because we are concerned that he may be drawn to it, for it is considered a permanent matter, because, according to the structure of the years, it sometimes falls on Shabbat once every three or four years. A sandak changes into other clothes, but not really white ones. One time when 9 Av fell on Shabbat and was postponed to the next day, Rabbeinu Yaavets was a sandak, and he prayed Minḥa while the day was still going and washed and did not finish his fast since it was a festival for him. And evidence can be found from where it is taught (Eruvin 51a) "Said Rabbi Eliezer bar Tzadok: I am a descendant of Senaav ben Binyamin. One time, the Ninth of Av fell on Shabbat, and we postponed it until after Shabbat, and we fasted but did not complete it because that it was our Festival." And some have the custom not to slaughter or prepare necessities for the break-fast until after noon. At Minḥa they read "And Moses implored" (Exodus 32:11-14, Exodus 34:1-10) as on other fast days, and the haftarah is "Seek out" (Isaiah 55:6–56:8). And Rabbeinu Hai wrote that his custom was to read "Return" (Hosea 14:2-10) as the haftarah. And they pray the eighteen blessings and say "Comfort" within "Builder of Jerusalem" and "Answer us" within "Hear our Prayer," and the shaliaḥ tzibur between "Redeemer" and "Healer."

People don't say Tachanun [or slichot {notes of Ashiri}] on Tisa b'Av, and they don't fall on their faces, because it's called a festival [???]. [Note {of the Rem"a} -- and we read from the Torah "When you birth children" (Deuteronomy 4:25) and from the Haftorah in Jeremiah "I will make an end of them" (Jeremiah 8:13), and all the Kaddishim are said after Eicha until they go out tomorrow to the synagogue, and we don't say "Titkabal" and we don't say "God, slow to anger" {Tur Minhagim} or "Lamenatzeach {Minhagim} and not Pitom haKetoret {Mordechai} and there is no need to change one's place on Tisha b'Av].