Halakhah su Esodo 34:37

And know indeed that what kind of person one is, is determined at the table, for there his qualities are revealed and made known. And thus our rabbis z”l said, “By three things a person is known: through his purse, through his cup, and through his anger.”³⁴B. Erubin 68b. The clever wordplay of be-kiso, be-koso, be-ka’aso of the saying is lost in the translation. For being drawn to wine and other pleasures – surely these are “the drippings of the honeycomb”³⁵Psalm 19:11, that is, the flowing “honey, the drippings of the honeycomb” than which the “fear of the Lord” and “judgments of the Lord” (19:10) “are sweeter.” – is one drawn to the drug of death, and by his grasping this path he will die an everlasting death. But whoever wants to live ought to keep far from this path; “he will eat and live forever.”³⁶Gen 3:22, an allusion to the immortality that would have come from eating from the Tree of Life. In other words, unlike the way Adam and Eve chose, there is another way one can and should eat to gain eternal life. And thus our rabbis z”l said in tractate Gittin of the Talmud, “A meal for your own enjoyment – pull your hand away from it,”³⁷B.Gittin 70a. and similarly said, “‘You shall be holy,’ that is, ‘you shall be abstemious (perushim),'”³⁸Sifra on Lev. 19:2. and “Make yourself holy through what is appropriate for you.”³⁹B. Yebamot 20a: “Make yourself holy through what is permitted to you.” And the author of Ecclesiastes said, “I said to myself, ‘Come, I will treat you to merriment. Taste mirth!’ That too, I found was futile.”⁴⁰Eccl. 2:1. And after that, he said, “I ventured to tempt [limshokh] my flesh with wine.”⁴¹Ibid. 2:3. Limshokh here is from the root of the same verb R. Bahya used above to refer to being drawn to wine, i.e., “being drawn [he-hamshekh] to wine and other pleasures…is one drawn [nemshakh] to the drug of death.” Thus, R. Bahya is using Eccl. 2:3 as a sort of prooftext for his point about wine. And in tractate Sanhedrin of the Talmud:⁴²B.Sanhedrin 70a. “Thirteen woes are said about wine, and they are specified in Parshat Noah. It is written, ‘Noah, the tiller of the soil, was the first to plant a vineyard,’⁴³Gen 9:20. which means from the moment he began to plant, he made his holiness profane. That is the point of the expression va-yahel – “he began”- which includes both the connotations of “beginning” (tehilah) and “profanation” (hillul). And because of wine, one third of the world was cursed.⁴⁴That is, the descendents of Ham were condemned to serve the descendents of his brothers Shem and Japhet, because when Noah, after drinking his wine, fell asleep in a drunken stupor, Ham “saw his nakedness.” Normally this is a Biblical euphemism for having sexual relations, hence the severity of the curse. The curse was actually directed at Ham’s son Canaan, most likely to justify morally the Israelites’ subsequent subjugation of the Canaanites and their land. However, the whole account is ambiguous and full of apparent non-sequiturs, prompting a quite a fruitful growth of midrashic attempts to explain the story. One unfortunate stream of interpretation, that Ham’s curse not only involved eternal servitude but also the blackening of his skin color, was later adopted in Christian and Muslim traditions, and used to justify the enslavement of Black Africans well into the 19th century – the so-called “Curse of Ham.” And they also taught in a midrash, “Don’t eye the wine, as it reddens…,”⁴⁵Prov. 23:31. that is, it yearns for blood.⁴⁶B. Sanhedrin 70a. And likewise Bathsheba warned King Solomon not to tempt his flesh with wine,⁴⁷B. Sanhedrin 70b.when she said to him, “Wine is not for kings, O Lemuel; not for kings to drink, nor any beer for princes.”⁴⁸Prov. 31:4. The midrash above identifies “Lemuel’s mother” (Prov. 31:1) with Bathsheba, the mother of King Solomon. And so he said, “I ventured to tempt my flesh with wine,”⁴⁹Eccl. 2:3. and “for who eats, and who feels the pleasures of the senses but me?”⁵⁰Ibid., 2:25. and then remarks after that, “That too is futile.”⁵¹Ibid., 2:26. For it is well known that someone in whose heart reverence for HaShem and fear of Him is strong, will reject and separate himself from the pleasures of the world, and will scorn them to the utmost, for he knows and is familiar with their consequences, while others who are lesser or worthless will fill their bellies with what delights them, and their vessels will return empty; they’re empty because they lack sense “They neither know nor understand; they walk about in darkness.”⁵²Ps. 82:5. About this, Solomon said, “When you sit down to dine with a ruler, consider well who is before you.”⁵³Prov. 23:1. He said, “If the wrath of the ruler rises up against you”⁵⁴Eccl. 10:4. and you go out to eat “the king’s food or the wine he drank”⁵⁵Dan. 1:8. in the house of the king who rules the land, understand well and look at those who were before you who chose this way- “what they saw in that matter and what had befallen them.”⁵⁶Esth. 9:26. Doesn’t the high status and greatness of most of them end up in humiliation and submission, “wholly swept away by terrors”?⁵⁷Ps. 73:19. Just what is written right afterwards in Proverbs, “Thrust a knife in your gullet!”⁵⁸Prov. 23:2.And our rabbis z”l said, “Do not yearn for the tables of kings, for your table is greater than their table, your crown greater than their crown.”⁵⁹M. Avot 6:5. Therefore, a person should not seek excessive gains and pursue them, for if he does, his days will be painful and he will never be satisfied, because there is no end to these gains, and whoever pursues things that have no end – is he not sick, blinded by his stupidity? For “every fool is embroiled.”⁶⁰Prov. 20:3. It goes without saying that he has no share in the Torah, because if he were rich and used to eating and drinking with silver dishes, he would be liable to think little of them and become unsatisfied until he had utensils of “turquoise, sapphire, and diamond,”⁶¹Ex 28:18. and as soon as he obtained one of them, he’d want two or three, and this would go on without out end. And therefore a person with good qualities must not in his heart crave for excessive gains, and should be satisfied with a little.

Therefore, they used to come to Him three times a year for the pilgrimage festivals: Passover, Shavuot, and Sukkot – on the holiday of Passover because it is the month of Aviv, the time for the barley harvest; on the holiday of Shavuot because it is the time for the wheat harvest, and on the holiday of Sukkot because it is the time of gathering when all the fruits were gathered into the home. And this is why it is written, “[three time a year all your males shall see] the face of the lord YHWH, the God of Israel,”⁷⁵Ex 34:23. and it is written, “none shall see My face,”⁷⁶Ex 23:15. that is to say, without a sacrifice, because they would need to bring in any case the olah and shlemim offerings, and through this the world would be blessed with its meals and sustenance from the flow of blessing from the source to the well, and from the well to the garden, and from the garden to the four rivers of the garden of Eden of the lower world, whose inhabitants are blessed from there throughout the four corners of the world. So you find yourself learning that when a person stands over his table and eats with this thought in mind, see! This eating is indeed physical and a natural activity, but see! It also revolves into a higher, intellectual form of worship, and this is the reason why it is written, ‘In all your ways know Him,’⁷⁷Prov 3:6. as I discussed above. And if so, you see how one’s eating is thought to be a perfect act of worship like one of the forms of divine service [i.e., the sacrifices], and the like quintessential commandment of all the commandments. And this is the point of having the right intention at a meal at the table – that the body be nourished by it and take its bodily portion from the bodily eating, and the soul by this act of thought is filled, fed, and satisfied as if from the choicest parts of “real eating” of the ways of Ha-Shem and His pleasantness, and regarding this it is said, ‘Your table is laid out with rich food.’⁷⁸Job 36:16.

You should know that that which they said (Makkot 23b), "613 commandments were stated to Moshe at Sinai," indicates that this is the number of the commandments that are practiced for [all] generations. For commandments that are not practiced for [all] generations do not have a connection to Sinai - whether they were stated at Sinai or elsewhere. However their intention in saying, "at Sinai," was that the main giving of the Torah was at Sinai. And that was His, may He be elevated, saying, "Come up to Me on the mountain and be there, and I will give [it] to you" (Exodus 24:12). And in explanation, they said, "What is the verse [that alludes to this]? 'Moshe commanded us the Torah, an inheritance of the congregation of Yaakov' (Deuteronomy 33:4)" - meaning to say - "the numerical value of [the word,] Torah is 611. In addition, 'I am the Lord your God' and 'You shall have no other gods' (Exodus 20:2, 3), that we heard from the mouth of the Almighty." And with them, the total of the commandments is 613. They wanted to say with this indication that the thing that Moshe commanded us - and that we did not hear from anyone but him - was the number of 611 commandments. And he called it, "an inheritance of the congregation of Yaakov." And a commandment that is not practiced for [all] the generations is not an inheritance for us. For it is indeed only that which will be continuous for the generations - as it is stated (Deuteronomy 11:21), "like the days of the heavens upon the earth" - that will be called an inheritance for us. And likewise, their statement (Tanchuma, Ki Tetzeh), that it is as if each and every limb commands a person to do a commandment; and it is as if each and every day is warning a person from sin. This is a proof that the number will never be lacking. But if commandments that are not practiced for [all] generations were included in the count of the commandments, behold that the number would be lacking once the obligation of such a commandment ceased. And then this statement would only be correct for a limited time. However someone besides us already erred in this principle as well and counted - because he was forced by a need - "But let them not go inside and witness the dismantling of the sanctuary" (Numbers 4:20); and "he shall serve no more" (Numbers 8:25), concerning the Levites. Yet these were also only practiced in the wilderness. And even though they said (Sanhedrin 81b:18), "From where is there a hint about one who steals a jar for the Temple service (that he is killed)? 'But let them not go inside and witness the dismantling of the sanctuary'" - there is enough [clarification here] in their saying, "a hint." But the simple understanding of the verse is not like this; and it is not even included in those liable for the death penalty at the hands of the Heavens - as is explained in the Tosefta (Tosefta Keritot 1) and in Sanhedrin (Sanhedrin 83a). And I am wondering about this, why they mentioned these negative commandments. Why did they not [also] count about the manna, "Let no one leave any of it over until morning" (Exodus 16:19); or that which He, may He blessed said, "Do not harass the Moabites or provoke them to war" (Deuteronomy 2:9), and likewise the prohibition that came about the the Children of Ammon, "do not harass them or start a fight with them" (Deuteronomy 2:19). And likewise should he count among the positive commandments, "Make a seraph figure and mount it on a standard" (Numbers 21:8); and its saying, "Take a jar and put one omer of manna in it" (Exodus 16:33) - like he counted the tithe of the [booty] (Numbers 31) and the dedication of the altar (Numbers 7). And he should have also counted, "Be ready for the third day" (Exodus 19:15); "neither shall the flocks and the herds graze" (Exodus 34:3); "they shall not destroy, to come up" (Exodus 19:24); and many like these. And no intelligent person will doubt that all of these commandments were given to Moshe at Sinai as commands and [prohibitions; however they were all temporary and not practiced for [all] generations. And therefore they were not counted. And because of this principle, it is inappropriate to count the blessings and the curses that they were commanded at Gerizim and Eval; nor to count the building of the altar that we were commanded to build when we entered the Land of Canaan - for all of these were temporary commandments. And likewise, not the command that we were commanded to sacrifice any animal, from which we want to eat, as peace-offerings - as this was only a temporary command. And that was its saying, "and you shall bring them to the Lord" (Leviticus 7:8)." And they said in Sifrei, Achrei Mot, "'And you shall bring them' is a positive commandment" - but it was only so in the wilderness. For the dispensation to eat meat for pleasure is explained in [Deuteronomy]; and that is its saying, "you may eat meat whenever you wish" (Deuteronomy 12:20). And had it been appropriate to count everything of this type - meaning all that Moshe was commanded from the day he was appointed to be a prophet until the day he died - there would be more than three hundred commandments, besides the commandments that are practiced for [all] generations. This is when we count all the commands that came in Egypt, everything about the preparations [for the tabernacle service], and the other ones besides them - some are positive commandments and some are negative commandments, but they are all written in the Torah. And since he did not count all of them, he is perforce also obligated not to count any of them; and not like this other man, who took [only] some of these things to help him, when he toiled to find the [right] tally. And this is the critique we wanted to make about him regarding this principle.

It is from the roots of this commandment [that it is] so that Israel shall make God's holidays in their (proper) times, as God commanded that we make Pesach in the time that the produce is in [bloom], as it is written (Deuteronomy 16:1), "Observe the month of Spring, and you shall offer the Pesach sacrifice." And the holiday of Sukkot is [to fall] at the time of the harvest, as is written, "And the holiday of the harvest at the turn of the year." (Exodus 34:22) And were it not for intercalation, the holidays would come not at these times, since Israel calculates their months and festivals according to the lunar year, which has three hundred and fifty-four days, eight hours, and eight hundred and seventy-six parts, which is less than the solar year by ten days, twenty-one hours and two hundred and four parts - its mnemonic is ten, twenty-one, two hundred and four. Due to the ripening of the produce and fruit from the power of the sun, it turns out that but for intercalation - by which we align the lunar and solar years - Pesach would not come in the Spring, nor Sukkot at the time of the harvest. And this matter is to be fixed by the greatest [sages] of the generation, since it is a matter requiring great wisdom. And since it is also said that from this [calculation, one comes to know] the agricultural happenings of the year, it is appropriate to give [this task] only to great and pious men.

And our rabbis also taught in a midrash: “Leviathan is a pure fish” [i.e., a kosher fish with fins and scales] as it is said, “The layers of his flesh stick together,”⁶⁰Job 41:15.and it is written, “his underparts are jagged shards”⁶¹Job 41:22. – these are the scales fixed to him.⁶²In other words, R. Bahya takes these particulars of the Book of Job’s lengthy description of Leviathan as references to its fins and scales. And the intellectual meal for both the body and soul will occur at the time of the resurrection of the dead. And now I will explain to you in what follows about the world of souls, which will come to human beings after their separation from the world, and the matter of the world to come, which is after the resurrection and the matter of the joy that the soul has in all these worlds together. Know that the intellectual meal for the body and soul at the time of the resurrection of the dead, because the routine for the body will be cancelled completely, and another routine – marvelous and new – will replace it, and moral rot –zohama’ – will cease from the world,⁶³According to b. Shabbat 146a: When the serpent came upon Eve, he infected her with zohama’ (“filth” or “moral lasciviousness”). Israel, who stood at Mt. Sinai – their filth ceased. The nations of the world, who did not stand at Mt. Sinai – their filth has not ceased. Thus, R. Bahya must be referring to the cessation of the whole world’s moral rot that will occur in the world to come after the resurrection of the dead (Chavel). and the Accuser will be swallowed up, “there is no adversary [satan] and no mischance,”⁶⁴1 Kg 5:18. “the Lord will make something new on earth,”⁶⁵Jer 31:21. and the souls will be made anew like the eagle is renewed;⁶⁶An allusion to Ps 103:5: “He satisfies you with good things in the prime of life so that your youth is renewed like the eagle’s.” all of them shall be new, “the work of the Artist’s hand,”⁶⁷SS 7:2. so much the more so than with vessels of glass.⁶⁸B. Sanhedrin 91a: “Just as vessels of glass, which are the work of the breath of flesh and blood, are broken and it is possible to repair them, how much the more so with flesh and blood, who were through the breath of the Holy One Blessed be He.” Then the “children of the resurrection of the dead” whose body and their soul have been renewed shall take delight in the intellectual meal in the world to come, which is after the resurrection, in which there is no bodily meal at all, and it is regarding this meal that our rabbis z”l said,⁶⁹B. Berakhot 17a. “Rav was accustomed to say, ‘In the world to come, there is no eating and no drinking, no envy, no hatred, and no rivalry, but rather the righteous will sit with crowns on their heads and enjoy the splendor of the Shekhinah.'” And this statement should teach they will exist there in that world in a body and a soul, which is why he said “no eating and drinking.” For if they did not have there a body and soul, there would be no need for Rav to say “no eating and drinking for souls,” but rather they will certainly be there in body and soul, and despite that there will be no eating and drinking. For their bodily powers will be suspended from them, as they were suspended from Moses and Elijah⁷⁰Ex 34:28: “And [Moses] was there with the Lord forty days and forty nights; he ate no bread and drank no water;” 1 Kg 19:8: “And with the strength from that meal [Elijah] walked forty days and forty nights.” (peace be upon them). And if you would say that the “vessels” of their bodies and soul serve no purpose, they do serve a purpose, because they receive the reward and enjoyment together, just as they toiled in the Torah body and soul together. For the Holy One Blessed be He does not rob any created being of its reward, and He wants the body to receive its reward and He will not hold back on His judgment. For even though the soul is the most important, the body is nevertheless not superfluous; for it too is of great importance, for it is the tool through which the soul reveals its activities, and it has no power to realize them in action without it. That being so, the body should be destined with the gift of its reward together with the soul. And what “and their crowns on their heads” meant was a reference to the brilliant light that hovers over them, as it is written, “On that day the Lord of Hosts shall become a crown of beauty and a diadem for the remnant…”⁷¹Is 28:5. which our rabbis z”l interpreted in a midrash: It will be like someone who puts scraps on himself, though they are indeed “children of the resurrection of the dead.” ⁷²I.e., these crowns of light will be so commonplace among those rewarded with them that they’d think nothing of it. And more could be said about “and their crowns on their heads” – in the image of the crowns that were given to them at Mt. Sinai. This the finery which they merited at their receiving of the Torah, as it is said, “And the Israelites were stripped of the finery from Mt. Horeb.”⁷³Ex 33:6. That is, the finery must have already been given to them at Mt. Horeb (Sinai), if now, after the sin of the Golden Calf, it was stripped from them. Our rabbis taught in a midrash:⁷⁴Exodus Rabbah 45:1. “The armor of God’s Ineffable Name girded them. But when they sinned, they were taken from them, and Moses earned them back, and this is what Scripture meant by ‘from Mt. Horeb. And Moses would take the tent.’⁷⁵Ex 33:5-6. “And Moses took the tent” immediately follows “from Horeb,” and thisjuxtaposition implies that Moses took back what the Israel got “from Horeb” but lost after that because of the sin of the calf (Chavel). That is to say, he took all these marks of status and kinds of lights back for them – that is, ‘the tent –ha-ohel,’ which is like the expression: ‘be-halo nero– when His lamp shone [over my head].'”⁷⁶Job 29:3. By “creative philology” the midrash associates the similarly sounding words ha-ohel – “the tent” and be-halo – “when it shone.” And just as their measure of delight is like Adam’s measure of delight in the Garden of Delights before the sin, so the crowns on their heads are in the image of the crowns on at Mt. Sinai before the sin.

And now I shall make known to you the subject of the upper light, which I mentioned above, and that’s how I will end this Gate. Know that the upper light I mentioned above is called “day” [yom] in the story of creation, and about it the prophet said, “there shall be one day – only the Lord knows when – of neither day nor night, and there will be light at evening time.”¹⁶⁷Zech 14:7 (JSB). The explanation of this verse: “There will be [ve-hayah] one day”. The word Ve-HaYa”H consists of the same letters of God’s proper name, and so it is written “YHVH is my light and my help, whom shall I fear? YHVH, etc.”¹⁶⁸Ps 27:1. This is YHVH is “light.” “One day of light – only the Lord knows” – He alone knows where it is. As they taught in a midrash, “He hid it for Himself, He made it separate for Himself.”¹⁶⁹Ber. R. 3:7. “Neither day nor night” – that is to say, a time will come when this day shall serve for the righteous, and time won’t consist of day and night like it works now with light and darkness, but rather, “there will be light at evening time” – a great light. And “evening” [‘erev] is the secret of “the sixth aleph,” which is the evening of Shabbat, as in “yom ha-shishi” – “the sixth day.” And this is the light that Moses our Rabbi (peace upon him) earned in “the cleft of the rock,”¹⁷⁰Ex 33:22.”the reflecting mirror”¹⁷¹B. Yebamot 49b. out of which he was able to prophesy, and thus earned the “radiation from the skin of his face”¹⁷²Ex 34:29. that was as bright as “the face of the sun.”¹⁷³B. Baba Batra 75a. And in an interpretation they said, “a variety of the upper light is the globe of the sun,”¹⁷⁴Ber. R. 17:7 (as translated by Jastrow). because the light of this level is the level of Moses’ prophecy, and the globe of the sun, which is a variety of this, is the “radiation from the skin of his face.” And this is what is written, “rays [karnayyim] given off from every side, and therein His glory is enveloped,”¹⁷⁵Hab 3:4. that is, the “radiation from the skin of his face.” This came directly from the hand of the Holy One Blessed be He to Moses, and this radiation is the fruit of what was his in this world, distinct from the eternal radiance that would be his in the world to come, and that is the level of the upper light. If so, then the word “karnayyim” – “rays” -includes both the fruit and the eternal radiance.¹⁷⁶Karnayyim is the dual form of keren, which can mean either “ray”, or more ordinarily, “horn.” From this ambiguity comes the misinterpretation of Ex 34:29 that led artists such as Michelangelo to represent Moses with horns coming out of his forehead. R. Bahya is playing upon the dual form of keren, karnayyim, which is the normal plural form for body parts, like horns, which come in pairs. And all this was because of the tablets – luhot – that he was holding. And so this is hinted at in the word “LU’a”H,” which is an acronym of the words in Habakkuk 3:4: karnayyim mi-yado Lo Ve-sham Hevyon ‘uzo. And they said in a midrash, ¹⁷⁷M. Tanhuma Ki Tisa 37. “‘[They saw] the rays of the skin of his face,’¹⁷⁸Ex 34:30. all the majesty that Moses got was but temporary fruit, a gift he earned, but the eternal radiance would be his in the world to come, as it is said, ‘rays [karnayyim] from His hand to him.'”¹⁷⁹Hab 3:4, reading mi-yado midrashically as “from His [God’s] hand,” i.e., two kinds of “rays” one in this world, one in the world to come, from God’s hand to Moses. And they went on in another midrash,¹⁸⁰M. Tanhuma Ki Tisa 37. “‘I will put you in a cleft of a rock’ – from ‘the cleft of the rock’ Moses earned the radiation from the skin of his face, and thus it says, ‘rays from His hand to him, there from a secret place [hevyon] His glory.'”¹⁸¹Hab 3:4.

And now I shall make known to you the subject of the upper light, which I mentioned above, and that’s how I will end this Gate. Know that the upper light I mentioned above is called “day” [yom] in the story of creation, and about it the prophet said, “there shall be one day – only the Lord knows when – of neither day nor night, and there will be light at evening time.”¹⁶⁷Zech 14:7 (JSB). The explanation of this verse: “There will be [ve-hayah] one day”. The word Ve-HaYa”H consists of the same letters of God’s proper name, and so it is written “YHVH is my light and my help, whom shall I fear? YHVH, etc.”¹⁶⁸Ps 27:1. This is YHVH is “light.” “One day of light – only the Lord knows” – He alone knows where it is. As they taught in a midrash, “He hid it for Himself, He made it separate for Himself.”¹⁶⁹Ber. R. 3:7. “Neither day nor night” – that is to say, a time will come when this day shall serve for the righteous, and time won’t consist of day and night like it works now with light and darkness, but rather, “there will be light at evening time” – a great light. And “evening” [‘erev] is the secret of “the sixth aleph,” which is the evening of Shabbat, as in “yom ha-shishi” – “the sixth day.” And this is the light that Moses our Rabbi (peace upon him) earned in “the cleft of the rock,”¹⁷⁰Ex 33:22.”the reflecting mirror”¹⁷¹B. Yebamot 49b. out of which he was able to prophesy, and thus earned the “radiation from the skin of his face”¹⁷²Ex 34:29. that was as bright as “the face of the sun.”¹⁷³B. Baba Batra 75a. And in an interpretation they said, “a variety of the upper light is the globe of the sun,”¹⁷⁴Ber. R. 17:7 (as translated by Jastrow). because the light of this level is the level of Moses’ prophecy, and the globe of the sun, which is a variety of this, is the “radiation from the skin of his face.” And this is what is written, “rays [karnayyim] given off from every side, and therein His glory is enveloped,”¹⁷⁵Hab 3:4. that is, the “radiation from the skin of his face.” This came directly from the hand of the Holy One Blessed be He to Moses, and this radiation is the fruit of what was his in this world, distinct from the eternal radiance that would be his in the world to come, and that is the level of the upper light. If so, then the word “karnayyim” – “rays” -includes both the fruit and the eternal radiance.¹⁷⁶Karnayyim is the dual form of keren, which can mean either “ray”, or more ordinarily, “horn.” From this ambiguity comes the misinterpretation of Ex 34:29 that led artists such as Michelangelo to represent Moses with horns coming out of his forehead. R. Bahya is playing upon the dual form of keren, karnayyim, which is the normal plural form for body parts, like horns, which come in pairs. And all this was because of the tablets – luhot – that he was holding. And so this is hinted at in the word “LU’a”H,” which is an acronym of the words in Habakkuk 3:4: karnayyim mi-yado Lo Ve-sham Hevyon ‘uzo. And they said in a midrash, ¹⁷⁷M. Tanhuma Ki Tisa 37. “‘[They saw] the rays of the skin of his face,’¹⁷⁸Ex 34:30. all the majesty that Moses got was but temporary fruit, a gift he earned, but the eternal radiance would be his in the world to come, as it is said, ‘rays [karnayyim] from His hand to him.'”¹⁷⁹Hab 3:4, reading mi-yado midrashically as “from His [God’s] hand,” i.e., two kinds of “rays” one in this world, one in the world to come, from God’s hand to Moses. And they went on in another midrash,¹⁸⁰M. Tanhuma Ki Tisa 37. “‘I will put you in a cleft of a rock’ – from ‘the cleft of the rock’ Moses earned the radiation from the skin of his face, and thus it says, ‘rays from His hand to him, there from a secret place [hevyon] His glory.'”¹⁸¹Hab 3:4.

Judah the Persian¹⁹ Mentioned by Ibn Ezra in his Commentary to the Pentateuch and elsewhere. Nothing is known of this scholar. (See Encyclopedia Judaica, second edition, vol. 11, p. 505.) said that the years used by Israel were solar years, because he found the festivals were on fixed dates: Passover when the barley ripens (Exodus 34:18), Pentacost at reaping time (ibid. 34:22), and Tabernacles at harvest time (Deuteronomy 16:13). However, what can be done since Moses did not specify the length of a year?²⁰ Since the Bible does not specify the exact length of a solar year, the Karites are left with the matter being undecided. This will also affect determination of the festivals. Also, how will he explain the use of the Hebrew term “hodesh” (new) for “month,” for what is renewed relative to the sun? The uncircumcised (Christians), because their years are solar years and they found that a full year contains twelve lunations, divided the days of the year into twelve parts, for this number is closest to the number of lunar months. The result is that some months are 30 days and some months are 31 days.²¹ Here Ibn Ezra accounts for the division of a year into twelve parts, even if one uses a solar calendar. However, the term “hodesh” would not be appropriate for such solar months.

The Gemara, Hullin 113b, declares that the biblical prohibition against cooking and eating commingled milk and meat is not attendant upon meat cooked with the milk removed from an animal that has been slaughtered. Milk derived from a slaughtered animal is excluded from the prohibition because, according to talmudic exegesis of the verse "you shall not cook a kid in the milk of its mother" (Exodus 23:19; Exodus 34:26; Deuteronomy 14:21), the biblical prohibition applies only to the milk of an animal "that has the capacity to become a mother" (re'uyah lehiyot em). Obviously, a dead animal can no longer bear a child and hence lacks the capacity to become a mother.

Therefore, natural philosophers said that by right the year should begin with the point of intersection (equinoctial point) from which the sun begins to approach the inhabited portion of the earth (the northern hemisphere).⁷³ This is a “tropical year,” the period from one vernal equinox until the following vernal equinox. This is the cycle of Rav Adda.⁷⁴ Rav Adda’s year is a tropical year. Although his cycle is based on the average orbit, its correction is simple.⁷⁵ Rav Adda’s figure is for a mean solar year. Corrections need to be made to accommodate apparent variations in the solar orbit. This was also the beginning of the year for those who developed the Hebrew calendar. This was also the beginning of the year for the early Greeks.⁷⁶ See Evans, pp. 182–184 for a discussion of early Greek calendars. This is the vernal equinox. The Persians begin their year with the summer solstice, the Chaldeans with the autumnal equinox, and the Christians with the winter solstice. However the Christians are in error since their calculation of the solar year is not correct.⁷⁷ During the lifetime of Ibn Ezra, Christians followed the Julian calendar, with a year consisting of exactly 365¼ days. In the year 1582 the Church reformed its calendar and adopted the Gregorian version, improving upon the approximation of the Julian calendar.

We also find written⁸³ Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.⁸⁴ Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),⁸⁵ The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).⁸⁶ We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,⁸⁷ Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).

(Kof) “Robbing an ordinary person is more severe than robbing the Most High, (i.e., taking consecrated property). As with [robbing an ordinary person, the Torah] has sin precede me’ilah (trespass), [whereas with robbing the Most High], it has me’ilah preceding sin.” With robbing an ordinary person, it is written (Lev. 5:21), “If any one sin, and commit a trespass, etc.” But with one who misuses consecrated items, it is written (Lev. 5:15), “If any one trespasses in misuse (timol ma’al) and sins unwittingly, etc.” And this is a statement of Rabbi Levi in the chapter [entitled] HaSfina (Bava Batra ).⁵⁸Only the first part of this appears in our standard text of the Talmud, but the meaning is the same. And it requires explanation – as [just] because it had sin precede me’ilah, [does that mean] it is more severe? As both [terms] appear in both. And it appears to me that it can be explained according to that which is written by Rabbi Yitschak Arama in Parashat Chukkat of Akeidat Yitschak, that even the most complete person sins in something, etc. Indeed, he is compelled by his nature, as the verse states (Ecclesiastes 7:20), “For there is no man who is righteous in the world [… who does not sin].” But when it is in the manner of either being from the light sins or after complete repentance, he will certainly not be punished; as the Sages, may their memory be blessed, said (Rosh Hashanah 12b) “I am He before he sins, and I am He after he sins and repents.”⁵⁹The Talmud (the wording of which is slightly different than the quote) is referring to God’s attributes of mercy in Exod. 34:6). However we do not understand from this that no sinner is ever punished. As even though – in his not being God – he is compelled to sin, he is not compelled to wallow in sin and have it become habitual. See there. And [so] it is elucidated that man is not fitting to be punished for sinning, since he is compelled to it – and especially if it is from the lighter sins. Rather the main punishment comes in his wallowing in it and making it habitual, and not repenting. As anyone [can repent]; as it is written (Deut. 30:11), “it is not a wonder […] and not distant, etc.” – and the Sages, may their memory be blessed, say this is referring to repentance.⁶⁰The first known source for this is actually Ramban on this verse. And that is because while the [fulfillment of all the] actual commandments [is] a wonder for man and distant from him since he is a man and not divine, and is [so] compelled to sin – especially with the lighter sins – he is not compelled to wallow in them and make them habitual. And he needs to regret and repent, [as] the commandment of repentance is not a wonder and distant. And it is because of this that Rabbi Levi decides that stealing from an ordinary person is more severe than from the Most High. For with stealing from the Most High, [the Torah] had trespass precede sin; as since it is from the lighter sins, it is not called a sin for a man, given that “there is no man who is righteous in the world who only does good.” And the main sin [here] is because he wallows in it and does not immediately regret [it] after doing it. And that is why it has trespass before sin; as the sin is [afterwards] when he does not regret [it]. For this reason, it is written (Num. 5:7), “and they shall confess,”⁶¹In another section dealing with misusing sanctified property. such that they shall repent. But the trespass itself is not in the category of sin, since man is compelled to do such a light sin; which is not the case with robbing an ordinary person. [As] that is more severe, since a man can withstand [its temptation]. Even though he is not divine, he is not compelled to rob his fellow – [something that is] in the category of friendship and brotherhood. Hence with robbing an ordinary person, the trespass itself is the sin. And for this reason it had sin precede trespass.

As it is required for the house of Israel to read from the scrolls, and to teach in the Torah, and to conclude with the prophets, on each day according to its subject matter — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot, as it is written "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44), and it is commanded to read every matter at its time and extrapolate on the subject of the day, as taught, "Rabbi Shimon ben Elazar says:¹In our manuscripts, it says "The Rabbis taught" here. Moses ordained for Israel that they would investigate and extrapolate on the matter of the day — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot" (Megillah 32a:17). On Ḥanukkah we read the princes (Numbers 7). On Purim we read "And Amalek came" (Exodus 17:8—16). When Rosh Ḥodesh Adar falls on Shabbat we read the portion of the sheqalim (Exodus 30:11—16). "And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Adar falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for the new moon, and one from Ki Tissa. And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Tevet falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for Rosh Ḥodesh, and one for Ḥanukkah" (Megillah 29b:22). On Ḥanukkah and on Purim three people read, on Rosh Ḥodesh and on Ḥol ha-Moed four people read — since there is Musaf, we add [mosifin] a person. When Rosh Ḥodesh Adar falls on Shabbat, we read the portion of the sheqalim (Exodus 30:11—16). When it falls on another day of the week, we advance the reading of the portion of the sheqalim, and interrupt the special readings. On the second² Shabbat of the month we read 'Remember' (Deuteronomy 25:17—17). On the third, the red heifer (Numbers 19:1—22). On the fourth, 'This month' (Exodus 12:1—20). If it falls on the sixth, then 'This month' is on the fifth. After that they return to the regular order. And everyone interrupts the order for Rosh Hodesh, Ḥanukah, Purim, fast days, festival days, and Yom Kippur (Mishnah Megillah 3:5). On Pesaḥ they read the portion of the festivals. And a mnemonic is: "during the bull, sanctify with money, cut in the desert, send the firstborn." On Shavuot, "On the third day" (Exodus 19:1–20:23), and on the second day, "Every firstborn" (Deuteronomy 15:19—16:37). On Rosh Hashanah, "And haShem remembered Sarah" (Genesis 21:1–34) and on the second day, "And God tested Abraham" (Genesis 22:1—24). On Yom Kippur, "after the death" (Leviticus 16:1—34). On Sukkot, the offerings for Sukkot (Numbers 29:12—34). On Ḥanukkah, the princes (Numbers 7). On Purim, "And Amalek came" (Exodus 17:8—16). On Rosh Hodesh, "And on your new months" (Numbers 28:1–15). On the watches, the matter of creation (Genesis 1:1—2:3). On fast days, "And Moses petitioned" (Exodus 32:11—14, Exodus 34:1–10). On Mondays and Thursdays and on Shabbat in the afternoon they read according to the order, but they are not counted in the order. As it is said, "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44) — it's commanded that they read each and every one at its time.

(Reish) “Rabbi Shimon Bar Yochai said, ‘If I had been at Sinai, I would have requested […] two mouths, one for words of the Torah and one for [worldly words. But when he saw the frequency of evil speech which comes out of one mouth…].’” This statement of the [Talmud] Yerushalmi (Berakhot 1:2, 8a) seems [to imply that] there is no great disgrace if one studies [Torah] with the mouth that speaks worldly things, except that one cannot write down the words of the oral Torah. And it is written in Tiferet Yisrael:⁷³Chapter 68 (p. 213 in London edition).
The Torah was related only to Israel. And through the oral Torah – which is literally in the mouth of a person and not on parchment, etc. – the Torah has a connection with Israel, etc. And this is [the meaning of] the statement of [the Sages], may their memory be blessed, in the chapter [entitled] HaNizakin (Gittin 60b), “The Holy One, Blessed be He, made a covenant with the Jewish people only for the sake of the matters that were oral (be’al peh), as it is stated (Exod. 34:27), ‘For on the basis of [al pi] these things, I have made a covenant with you, etc.’” As this thing is the covenant and the connection that connects two things together, etc. And if the oral Torah was also written, there would be no Torah that would be unique specifically to Israel. [See there.]
And according to this, the mouth is the parchment of the oral Torah. And just like the parchment of the written Torah requires processing specifically for the sake [of the commandment], and needs to be pure, and not impure – so too does the parchment of the oral Torah, which is the mouth. It [too] requires that it only be for its sake. And [so] it is proper that he requests two mouths – one for Torah and one for worldly things. And according to this, one must be careful not to speak things that are not from the service to God [with] the mouth. And it is written in Midrash Tehillim 17:5 (on Ps. 17:1), “‘Heed my song,’ that is the song of the Torah; ‘without false lips,’ that is the additional prayers (mussafin). Why ‘without false lips’? Because we [do] not stand in prayer [after] wasteful words, nor false lips; but rather [after] words of Torah and good deeds.” And [it] can be explained according to that which is written by Rabbi Menachem Azariah da Fano, [about the liturgical phrase], “the daily [sacrifices] according to their order, and the additional [sacrifices] according to their law”: “As the daily ones correspond to the written Torah and the additional ones correspond to the oral Torah. And that is why they said, ‘And the additional [sacrifices] according to their law’ – as [the oral Torah] is the law.” And more of a clean mouth is required for the Oral Torah than for the written Torah. As [the latter] is already written on a proper parchment, whereas the mouth of a man is the parchment [for the oral Torah). And this is [the meaning of] “‘Listen to my prayer’ […], that is the additional ones” – which correspond to the oral Torah – ‘without false lips,’ because we [do] not stand in prayer [after] wasteful words.” ‘One who guards his mouth and his tongue, guards his soul from anguish.’ And we have found that Aharon said to Moshe (Num. 12:11), “Please do not place upon us the sin that we sinned and that we blundered.” And it is [found] in the Yalkut (Yalkut Shimoni on the Torah 741), “If we are inadvertent (shogegin), forgive us as those who are volitional (mezidin).” And it seems to me that [it can be explained] according to that which Rashi explained in Parashat Behaalotecha (Num. 12:8), “‘Why were you not afraid to speak against My servant, Moshe’ – against My servant, even though he were not a Moshe; and against a Moshe, even though he were not My servant, etc. You should have said, ‘The King does not love him for nothing!’ And if you say that He is not cognizant of his doings (i.e. that I love him even though he does not deserve it, since I am not aware of his treatment of his wife), this [notion] is worse than your previous one.”⁷⁴Midrash Tanchuma, Tzav 13; cf. Sifrei Bamidbar 103. To here [are his words]. As sometimes a man speaks about his brother and is mistaken about him; as he really holds that he is bad, as he says about him. But other times a man will be jealous of his neighbor and speak falsely about him in rebellion and sin, even though he knows the truth of the stature of his countryman. And behold, if Aharon and Miriam were inadvertent about Moshe’s stature, their sin would become smaller towards Moshe, but it would be become greater towards the Creator, may He be blessed – as [God] does not love him for nothing. “And if you say that He is not cognizant of his doings, this is worse than anything.” However if they were volitional against Moshe and knew of his stature, and were [just] mocking him, the sin towards the Holy One, blessed be He, would become smaller – as they would not be denying God’s stature at all. And [even though the sin towards Moshe would be greater], Moshe would certainly not be so exacting about his own honor. However the honor of God [would have been] in his heart, to be zealous for Him. And this is why Miriam and Aharon said to him, “If we were inadvertent against you, forgive us as those who are volitional against you – and let the sin not be so great towards the Heavens.”

In order to explain this matter, the rationale underlying the severity of the prohibition concerning idolatry must be brought into focus. Rambam, Hilkhot Sheḥitah 4:11, rules that an animal slaughtered in the biblically prescribed manner by a gentile (akum) is forbidden as carrion. In support of that talmudic ruling, Rambam cites the verse "'and he shall call you and you will eat of his slaughter' (Exodus 34:15). Since [the Torah] admonishes lest you eat of his slaughter you are to infer that his slaughter is forbidden." The verse cited by Rambam occurs in the context of an admonition concerning idolatry. In light of Rambam's citation of a passage describing partaking of the meat of an idolatrous sacrifice, Shakh, Yoreh De'ah 2:2, understands Rambam's disqualification of a gentile as limited to a gentile who actually engages in idolatrous practices. That analysis of Rambam's position is substantiated by Rambam's immediately following ruling, Hilkhot Sheḥitah 4:12, in which he declares, "And [the Sages] erected a great fence in this matter [in declaring] that even the slaughter of a gentile who does not serve idols is carrion." Rambam thus indicates that the biblical disqualification is limited to idolatrous gentiles but is extended to all gentiles by virtue of rabbinic decree.

To not bow down to idolatry: To not bow down to idolatry - and idolatry is anything that is worshiped besides God, blessed be He - as it is stated (Exodus 20:5), "You shall not bow down to them or serve them." And the explanation of the verse is not "do not bow down to them with the intention of worship," [so] that we would learn that bowing down, by itself - without the intention of worship - would not be forbidden. As behold, in another place, it is stated in the Torah (Exodus 34:14), "For you must not bow down to another god," which forbade bowing down by itself, from any angle. Rather, [the reason] it made "or serve them" adjacent, [is] to say that bowing down is one of the ways of worship. And we learn from here, with the assistance of other verses, that there are four worships about which the Torah is insistent with any idolatry in the world - and even if it is not the way of its worship, we are liable for it. And one of [these four] is bowing down.

(Lamed) According to our approach, this is the intention of the statement of [the Sages] may their memory be blessed, in Avot, “Do not be evil in front of yourself (bifnei atsmecha)” – the explanation of which is in your essence. As we are holy seed and we will not change in essence. And all of the sins of the Children of Israel are only their appearance, which will not be permanent, but only present from time to time. And that which they said, “But even if the whole world tells you that you are righteous, you should be like an evildoer in your eyes” – the explanation of [“in your eyes”] is in your appearance. [This is] like “and its appearance (literally, eye) was like the appearance of bdellium” (Num. 11:7) – the explanation of which is the appearance, and that is the description. And so you should increase courage, have much soap, whiten your clothes and fulfill the desire of your Creator who says, “Show me your appearance.”⁸⁵This literary allusion is also from Song of Songs (Shir HaShirim 2:14). And behold anything that is not in the essence is only in the appearance. And [that] which is in the appearance is only incidental, and that which is incidental will not be permanent. Therefore [with] the seed of Avraham, even if their hands are charred, the blackness will not be permanent; and they will necessarily be whitened and return to their beauty and their essence. Rather [it is] their good deeds [which] are their essence. And [so] behold, something impermanent is called deception (khazav), as in (Isaiah 58:11), “whose waters do not fail (yekhazvu).” And this is the intention of the midrash that said, “the deceptions and vanities that Israel does are worthwhile.” [It] means all of the sins – [both] light and severe – are only deception, since they are incidental. As their essence is pure and clean, like Avraham their bequeather, and as mentioned. And this is the intention of the statement of [the Sages], may their memory be blessed, in Chapter 1 of Tractate Rosh Hashanah⁸⁶Rosh Hashanah 17b., “Ilfa brought up [a contradiction]: It is written [about God], ‘and abundant in kindness’ (Exod. 34:6); and [yet in the same verse], it is written ‘and truth.’  He answered, ‘Initially [He judges in] truth, but in the end, abundant in kindness.’” And also there (Rosh Hashanah 17a), “Beit Hillel say, ‘[He who is] abundant in kindness inclines towards kindness.’” [This is] meaning [that] since the good deeds are essential, they are lasting and they are [therefore] true; but the sins are deception. And just like ‘a little bit of light pushes off much of the darkness,’ so does a little bit of truth push off much deception. And therefore He inclines towards kindness, because of the truth.

To not do work on Shabbat: To not do work on the day of Shabbat ourselves; and not allow our children, slaves and animals to do so, as it is stated (Exodus 20:10), "you shall not do work, etc." There is no doubt that even though the verse issues a [single blanket] prohibition on us, our children, servants, and animals, they are not all equal; as we see that one who volitionaly does work with his own body will be liable for the death penalty in a court. But with the work of others - even though he is warned about them with a negative commandment - he is not liable for them; [not] even with lashes, as lashes are never for the act of others. And from the language of Rambam, may his memory be blessed, (Mishneh Torah, Laws of Sabbath 20:1) it is implied that he holds that this prohibition of " you shall not do work, you [...] and your animal," comes upon letting an animal work (mechamer) while being behind it - for example, that he is using it to plow. As, according to his opinion, letting an animal work by itself is only a prohibition [embedded] in a positive commandment. And hence, according to his opinion, they said in the Gemara (Shabbat 154a) that this negative commandment of letting your animals do work is a negative commandment that is given over to the warning of a death penalty from the court - meaning to say, that a man is killed for it, and [so] there are no lashes for it. But Ramban, may his memory be blessed, (on Sefer HaMitzvot LaRambam, Shorashim 14) wrangles with him greatly on this explanation, and says that this negative commandment of letting your animals do work is only about walking behind his animal laden with his load, while the man does not do any act with his hands. And therefore neither lashes nor the death penalty would ever come to him; and it is as that which has been established for us, we do not administer lashes for any negative commandment that does not have an act. [And it is] like they, may their memory be blessed, expounded (Shabbat 154b), "'You [...] and your animal' - let it write, you shall not do work and your animal'; why do I need 'you?' [To tell you] that when he does work, he is liable; but for the work of his animal he is not lia work ble." Rather, he is [just] warned about it with a negative commandment, like with the work of his young child and his Canaanite slave. But for his own actual work - for that there was no reason to say that he is liable, as behold, his punishment is explicit (Exodus 34:2), "any one who does work on it shall die." And according to the opinion of Ramban, may his memory be blessed, the explanation of that which they said in the Gemara about the negative commandment of letting your animal do work, that it is a negative commandment that is given over to the warning of a death penalty from the court, is that since it also includes the other [types of] work which [come] with a warning of a death penalty from the court - even though with letting your animal work there is certainly only a negative commandment, as there is also not [even] lashes with it - nonetheless, this negative commandment is [called] a negative commandment that is given over to the warning of a death penalty from the court because of those things that it includes that have death penalties of the court. And similar to this did they, may their memory be blessed, say in the first chapter of Eruvin 17b about the negative commandment of "let no man leave his place": Since it also includes carrying out from one domain to another - like the teaching that they expounded, [read, do not go out (yetseh), as] do not carry out (yotsee) - that it is from now a negative commandment that is given over to the warning of a death penalty from the court in some of its matters. And since it is so, we can say that we do not administer lashes for it, in all of its matters. And in exactly the same way, we can explain the negative commandment of not letting your animal do work here.

The notion that a Jew in outer space or in the polar areas is exempt from even some mizvot³⁶See R. Ben-Ẓion Firrer, No‘am, XIII, 196-202. has been branded far-fetched or worse by a number of rabbinic writers.³⁷See R. Joseph Mashash, Teshuvot Mayim Ḥayyim, no. 111 and R. Menachem Kasher, “Ha-Adam al ha-Yareaḥ,” No‘am, XIII (5730), 51-54. Indeed, one can readily empathize with that reaction and, despite the fact that the alternative theses that have been advanced seem to be at least as far-fetched, this writer would not have the temerity to advance that thesis without at least minimal support. Support for this view is found in the writings of an anonymous scholar quoted by R. Joseph Mashash, Teshuvot Mayim Hayyim, Oraḥ Hayyim, no. 111. Rabbi Mashash reports that he was shown a manuscript authored by an unnamed scholar described as "one of the sages of the generation." That scholar is certain that persons finding themselves in such locales are exempt from Sabbath observance "because the Torah predicated the matter upon days, as it is written 'six days shall you labor and on the seventh you shall rest' (Exodus 34:21). Unless otherwise specified, "days" are composed of twenty-four hours. Since [in the polar regions] there are no days, there is no Shabbat there."³⁸See also R. Naphtali Joseph Freund, Teshuvot Pnei Levi (Pietrkow, 5663), Kuntres Noẓer ha-Brit, sec. 46. Although Rabbi Mashash cites this view only to disagree with it, this writer finds the thesis advanced by this anonymous scholar to be entirely cogent and finds it instructive that neither Rabbi Mashash nor any other scholar has advanced evidence to counter that view.

That is that He commanded us that we should redeem the [firstborn] donkey specifically with a sheep, and it should not be redeemed with anything else. And one should give that sheep to a priest. And that is His, may He be blessed, saying, "But the firstling of a donkey you shall redeem with a sheep" (Exodus 34:20). And the regulations of this commandment have already been explained in Tractate Bekhorot. And the Levites are also not obligated in this commandment. (See Parashat Ki Tissa; Mishneh Torah, Firstlings.)

That is that He commanded us to behead the [firstborn] donkey if we do not redeem it. And that is His, may He be blessed, saying, "if you do not redeem it, you must behead it" (Exodus 34:20). And the regulations of this commandment have already been explained in Tractate Bekhorot. And the questioner may challenge and say, "But why did you count its redemption and its beheading as two commandments; and why did you not count them as one commandment, such that its beheading be from the laws of the commandment - like [you explained] in the seventh principle?" Behold God knows that the analogy requires this, were it not that we found with our Rabbis a language that indicates that they are two commandments. And that is their saying, "The commandment of redemption precedes the commandment of beheading; the commandment of levirate marriage precedes the commandment of chalitzah" (Bekhorot 13a). And just like a levirate wife is suited for either levirate marriage or chalitzah; and levirate marriage is one commandment and chalitzah is [another] commandment - so too, is a [firstborn] donkey suited for either redemption or beheading; and each of them is a commandment, as we have said. (See Parashat Ki Tissa; Mishneh Torah, Firstlings.)

The commandment of the releasing (shmitat) of lands: To make ownerless everything that the earth put out in the seventh year, which is called the shmitta (release) year, because of this process in which we are obligated; and that all who want to [take] its fruits may do so - as it is stated (Exodus 23:11), "But the seventh you shall release it and abandon it, and the needy among your people will eat of it, and what they leave the beasts will eat; you shall do the same with your vineyards and your olive groves." And the language of Mekhilta DeRabbi Shimon bar Yochai 23:11: "And were the vineyared and the olive groves not included?" [This] means to say that the beginning of the verse that stated, "release it and abandon it" includes everything that grows in the earth, whether they are fruits of the tree or fruits of the ground. And [so] why did Scripture specify these two? "To compare the other types of trees to the vineyard, to teach that like there is a positive commandment and a negative commandment with the vineyard - as behold, it is written explicitly about it (Leviticus 25:5), "and the grapes that you set aside, do not reap" - so too, is there a positive commandment and a negative commandment in all of the other trees." And hence, it specified vineyard and olive grove, to teach about this matter. As the intention of the verse was not specifically about the vineyard and olive grove alone, but rather it is the same with all the other fruits of the tree. Rather, it mentioned one of them and it teaches about all of them, as this is one of the devices through which the Torah is expounded. And this commandment to make all of the fruits ownerless and the other commandment that God commanded us to rest in it - as it is stated (Exodus 34:21), "and rest from plowing and reaping" - are [both] connected.

It is written in the Torah: "you will not cook a kid in the milk of its mother" three times (Exodus 23:19; Exodus 34:26; Deuteronomy 14:21); once for the prohibition of cooking, once for the prohibition of eating, and once for the prohibition of receiving benefit [from the cooked meat and milk products]. The prohibition of eating is presented in the language of cooking, to say that there is no prohibition from the Torah [in regard to meat and milk] unless it is in a manner of cooking, but rabbinically it [the mixture of meat and milk] is forbidden in every way. All meat and milk [mixtures] that are not forbidden from the Torah are permitted to benefit from.

To not leave the entrails of the Pesach sacrifice to stay overnight: Not to leave the entrails of the Pesach sacrifice until the morning, [such] that they not be sacrificed, and [so] become disqualified with this leaving over and become called notar (what is left over); as it is stated (Exodus 23:18), "and the fat of My festival offering shall not be left lying until morning." And the same is true of other portions to be burned in other sacrifices. And the language of Mekhilta d'Rabbi Yishmael 23:18 is "'The fat shall not be left lying' - the verse comes to teach that the fats are disqualified by lying over." And this preventing was already repeated in another place, as it is stated (Exodus 34:25), "and the sacrifice of the festival of Pesach shall not be left lying until morning."

To not remove the poles of the ark from it: To not remove the poles of the ark from the rings, as it is stated (Exodus 25:15), "The poles shall be in the rings of the ark; they shall not be removed from it." And it is elucidated that this commandment is among the commandments practiced throughout the generations. As the understanding of 'practiced throughout the generations' is not that the doing of that commandment never cease from Israel ever at any time. Rather the matter is like this: Any commandment that was only commanded to do at a specific time and not more - such as that which is written (Exodus 19:15), "Be in preparation for three days"; and so [too,] the warning of Sinai (Exodus 34:3), "neither shall the flocks and the herds graze across from that mountain"; and all that is similar to it, wherein the command was only temporary - those are called commandments that are not practiced throughout the generations. But any commandment that we were not commanded about [only] for a specific time - even though there is a pause at any given time because of our exile or by reason of something else, such as now when, on account of our sins, we do not have the ark - is called a commandment practiced throughout the generations. As any time that we have the ark, we are obligated not to remove its poles from it, so that the Levites [may] take [the ark] out with them, if we need to bring it from one place to another place as a result of war or from whatever reason that [may] arise.

To not eat and drink a gift to idol worship: To not eat and drink a gift to idolatry, as it is stated (Exodus 34:12-15), "Guard yourself lest you make a covenant with the inhabitants of the land, etc. and he will call to you and you will eat from his offering."

The commandment of the land resting on the seventh year: To cease work on the land on the seventh year, as it is stated (Exodus 34:21), "from plowing and from reaping you shall rest." And the explanation comes that it is speaking about the seventh year, that we were commanded not to be occupied with work on the land at all. And this commandment is repeated in its stating in another place (Leviticus 25:5), "it shall be a year of complete rest for the land." And so [too,] "the land shall observe a Shabbat for the Lord" (Leviticus 25:2). And above I have already written all of its content completely (Sefer HaChinukh 84) in the Order of Eem Kesef Talveh et Ami in the commandment of "But in the seventh you shall let it rest and lie fallow" (Exodus 23:11) - even though its place is here.

To not eat meat with milk: To not eat meat with milk that has been cooked together, as it is stated (Exodus 34:26), "you shall not cook a kid in its mother’s milk." And this verse comes to forbid eating and deriving benefit (pleasure) from the meat with milk. And let it not be difficult to you - [that] if so, why is its prohibition not stated explicitly, as "you shall not eat," and [instead] expressed with an expression of cooking. As the answer to this [is] because there is a novelty in the prohibition of its eating above the eating of the other prohibitions. As with other prohibitions, the liability is only if he enjoys his eating. But here even if he does not enjoy his eating, once he swallows it - and even if he swallows it hot and he burns his throat with it, and similar to it - he is lashed nonetheless. [It is] as they, may their memory be blessed, said in Pesachim 25a, "For this reason did [the Torah] not write, 'eating' in [the verse] itself: To say that one is lashed [even when consumed] not in the way of its enjoyment." And nonetheless, we do not administer lashes for it unless it is by way of cooking (Chullin 108a), according to the language that the verse expressed its prohibition.

He prohibited us from slaughtering the Pesach-offering over chametz (leavened grain products). And that is His, may He be exalted, saying, "You shall not sacrifice the blood of My sacrifice over chametz" (Exodus 23:18). And the prohibition about this was already repeated with this exact language, "do not slaughter, [etc.]" (Exodus 34:25). And its content is that at the time of the slaughtering of the Pesach-offering - and that is in the afternoon (of the 14th of Nissan) - one should not have chametz in his possession, nor in the possession of the one who sprinkles [the blood], the one who slaughters [the sacrifice], the one who burns [it] or any of the members of the [eating] group. And anyone of them who has chametz with them at that time is lashed. And in the Mekhilta (Mekhilta d'Rabbi Yishmael 23:18:1): "'You shall not slaughter over chametz' - you shall not slaughter the Pesach-offering and still have chametz in existence." And the laws of this commandment have already been explained in the fifth [chapter] of Pesachim. (See Parashat Mishpatim; Mishneh Torah, Paschal Offering 1.)

He prohibited us from leaving over the innards of the Pesach-sacrifice that were not sacrificed, until they became disqualified by laying overnight. And that is His saying, "you shall not leave the fat of My festival offering until morning" (Exodus 23:18). And the law is the same for the innards of other sacrifices. And the language of the Mekhilta (Mekhilta d'Rabbi Yishmael 23:18:2) is, "'You shall not leave the fat of My festival offering' - Scripture comes to teach about the fats, that they are disqualified by remaining on the floor overnight." And the prohibition about this content was already repeated with different language - His saying, "and the sacrifice of the holiday of Pesach shall not be left lying until morning" (Exodus 34:25). (See Parashat Ki Tissa, Mishpatim; Mishneh Torah, Paschal Offering 1.)

That is that He commanded us to count the years and the sabbatical cycles until the Jubilee year, once the land has been conquered and we have subdued it. And this commandment - meaning the counting of the years of the sabbatical cycle is given over to the Great Court, meaning the Great Sanhedrin. For they are the ones that count each year of the fifty years, just like each and every one of us counts the days of the omer. And that is His, may He be exalted, saying, "And you shall count off seven weeks of years" (Leviticus 25:8). And the language of the [Sifra] (Sifra, Behar, Section 2:1) is, "I might think that one counts seven sabbatical years, one after the other, and then have the Jubilee. [Hence] we learn to say, 'seven years, seven times.' [This was not] until both verses were stated; if not, we would not have understood [the law.]" That is to say that the nature of this commandment's performance is only attained with two verses - and that is that he counts the years individually and counts the cycles with them, seven times. And once it says that this matter is only attained from two verses, it indicates that they are perforce one commandment. For had they been two commandments - meaning the counting of the sabbatical cycles and the counting of the years - they would not have said, "[This was not] until both verses were said." For we always learn two commandments from two verses; and likewise always learn every singular commandment from one verse. However, it is said that this is not at all [understood] until two verses were said for this one commandment - the knowledge of which would be incomplete without the two verses. This is like [the commandment of] the firstborn animal that comes from the verse, "All that opens the womb is Mine" (Exodus 34:19). However this alone would indicate that the firstborn would be the Lord's, whether male or female. But another verse comes - "the males are the Lord's" (Exodus 13:12). However that verse by itself would indicate that all the males are the Lord's - whether they are a firstborn or [not]. Rather the content of the commandment comes from the two verses, which is that it is only a firstborn male, like they explained in the Mekhilta. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 10.)

One who truly wishes to honor his father and his mother should involve himself in Torah study and good deeds, for the greatest honor to parents is when people say, "Fortunate are the father and mother who have reared such a son." If the son does not walk in the right path, his parents suffer humiliation because of him, and he embarrasses them with the utmost embarrassment. Also, the father who truly has compassion on his children will involve himself in Torah study and good deeds, and will please God and mankind, and his children will be proud of him. But he who does not walk in the right path brings disgrace on his children. Also children die because of the iniquity of their fathers as it is written,¹⁴Exodus 34:7. "Visiting the iniquity of fathers on children." There is no greater cruelty than causing his children to die of his sins. Nobody has more compassion on his children than the righteous man, for his merit endures for a thousand generations.

And the essence of confession that we received from our Rabbis and that is the custom of all of Israel to say during the Days of Repentance is, "However, we have sinned, we have been guilty, etc." And they, may their memory be blessed, said in Shabbat 32a in the chapter [entitled] Bemeh Madlikin, "One who became ill and tended toward death, they say to him, 'Confess,' as it is the way of all those executed to confess." And so [too,] in Tractate Semachot, it is taught, "One who tended toward death, they say to him, 'Confess before you do not die. Many confessed and did not die, and many who did not confess died and many that are walking in the marketplace [have] confessed, as you live from the merit of your confessing.'" If he can confess orally, he [should do so], and if not, he [should] confess in his heart. And Rabbi Moshe ben Nachman (Ramban), may his memory be blessed, wrote (in Torat HaAdam, Chapter of the End, regarding confession) that he received [a tradition] from pious men and men of good deeds, that such is the confession of someone on his deathbed: "I admit in front of You, Lord, my God and God of my fathers, that my healing is in Your hands and my death is in Your hands. May it be the will in front of You that You heal me [with] a complete healing. But if I die, let my death be atonement for all of my sins and my iniquities and my rebellion that I have sinned and been iniquitous and rebelled in front of You; and let my portion be in the Garden of Eden, and make me merit the World to Come that is safeguarded for the righteous." And remember this order, to say sins first, and afterwards iniquities and afterwards rebellion - the way we have mentioned, "I have sinned, I have been iniquitous, I have rebelled (chatati, aaviti, pashaati)." As Rabbi Meir and the Sages already disagreed about this in the Gemara (Yoma 36a): Rabbi Meir reasons that it is the opposite, that we say like Moshe said, "Who carries iniquity, rebellion and sin" (Exodus 34:7). But the law is like the Sages who reason that one mentions sins first. And the reason for the matter is explained in the Gemara.

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."

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.