Halakhah su Genesi 14:27
Shulchan Shel Arba
The word timyon means treasury, and the two servants are the heavens and the earth. And when it is said, “maker [koneh] of the heaven and earth,”16Gen 14:22, playing on the double meaning of koneh as both “who makes” and “who acquires.” it means they were acquired with one and the same contract and price, that is to say by one bill of sale and one lump payment; the parable refers to a single substance. This interpretation presumes that both were created from a single substance. And in a similar vein there is another interpretation: “The upper and lower beings were created in a single instant. The upper beings feed on the radiance of the Shekhinah, while the lower beings – if they don’t toil, they don’t eat.”17Ber. R. 2:2 And if so, this is why the composer of the second interpretation said “the radiance of the Shekhinah” instead of timyon, which is where the king stores his goods. Another interpretation says, “The upper beings live, the lower ones die; thus there was wondering and confusion.”18Ibid. While considering the quality of its own existence, man looked at the lives of the upper beings. Those lives are sweet-they last forever. He looked at all the seas that stand before the Lord, and the earth, considering the quality of the Lord’s creation, and complained about how bad his own portion was. With all of this, man really wondered and was confused. And so this is the inheritance of the human race–that we cannot be freed from the prison of man’s first crime. Our existence is meagerbecause we haven’t been purified of this crime. So we shall wait for the angel of the covenant comes to refine and purify us, —the lord whom we seek, the messiah of the Holy of Holies. As all the children of Adam—children of the man who sinned, we are stained, our souls are sick –our nation is no better than all the rest of the nations; like us, like them – under the same sentence of Eve.
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Shulchan Arukh, Even HaEzer
I have found written in an Ashkenazic chalitza arrangement: When the yavam and yevama arise, the Rabbi says (a blessing): "Blessed are you, Lord, our G_d, King of the universe, who has sanctified us with his commandments, and charged us in the commandments and laws of our father Abraham." And the reason, as stated in chapter "Kisui hadam" (Chullin chapter 6) as reward for Abraham saying "and to a shoelace" (Genesis 14:23), his descendents merited the shoe of chalitza. It should be said without saying the name of G-d or his kingship. Rama: There are chalitza arrangements in which it is written to declare excommunication on those who slander the chalitza, but I have not seen people follow this custom.
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Contemporary Halakhic Problems, Vol III
An opposing view is expressed by Kezot ha-Hoshen 259:3. Kezot ha-Hoshen regards the verse "And you shall do what is right and good" as a general biblical principle mandating restoration of lost and stolen property to the original owner even subsequent to ye'ush. As a general principle designed to preserve property owners from undeserved loss, this provision, according to Kezot ha-Hoshen, applies to spoils of war no less than to ordinary theft.30The comments of Rashi, Ḥullin 89a, tend to indicate that spoils of war should be restored to their original owner by a successor in due course at least on the basis of ethical considerations. The Gemara declares, “As a reward for our father Abraham having said, ‘I will not take a thread or a shoe-strap’ (Genesis 14:23) his descendants were privileged to receive two commandments: the thread of blue [on the fringes of garments] and the strap of the phylacteries.” Rashi remarks that Abraham was rewarded in this manner because “he did not wish to benefit from theft.” Indeed, the Gemara itself subsequently employs the term “theft” in relation to this incident. The term “theft,” as applied in this context, certainly cannot be understood in a literal sense. The verse cited by the Gemara was uttered by Abraham in declining the offer of the spoils of war proffered by the King of Sodom. Abraham apparently felt constrained to refuse, even though his status was that of a successor in due course, either because principles of equity recognized by the Jewish legal system apply to spoils of war as well as to stolen objects, or because of a general concern to act in accordance with an ethical standard “beyond the boundary of the law.” Cf., Shabbat 120a which characterizes refusal to profit from another’s involuntary abandonment of property in the face of impending fire as an act of piety.
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Shulchan Arukh, Even HaEzer
We do not divide the name of the man or the name of woman on to two lines, but it is possible to divide some names that bear such division similar to Chedor Laomer (although Scripture Genesis 14:1 has this as a single word, Talmud divides it). Rama: and similarly Imanu El. But if he wrote it as a single undivided word, he did not lose (Seder Gittin).
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