Halakhah su I Samuele 15:78

In response to the objection that "bazek" may be a place name, the Gemara cites I Samuel 15:4, "and Saul summoned the people and numbered them by means of lambs (tela'im)." Standard biblical translations similarly render "tela'im" as a place name. Tosafot Yeshanim, Yoma 22b, and Redak, I Samuel 15:4, likewise indicate that such is the "simple meaning" of the verse. However, according to talmudic exegesis, prior to engaging in war against Amalek, Saul did not count the populace at a place known as Tela'im; rather he counted by means of lambs (tela'im). Rashi, I Samuel 15:4, following the interpretation of the Gemara, explains the verse as stating that Saul provided the populace with lambs which he then retrieved in taking the census.

Addressing the same question, Rabbi Weinberg and Rabbi Waldenberg both suggest that citation of a verse from the prophetic writings is necessary in order to establish a prohibition against the taking of a census "even for purposes of a mizvah" since the pentateuchal verse does not necessarily encompass such contingencies.⁷R. Chaim Joseph David Azulai, Petaḥ Einayim, Yoma 22b; R. Yehudah Aryeh Leib Alter of Gur, Sefat Emet, Yoma 22b, and R. Yisrael Yehoshua of Kutna, Yeshu’ot Malko, Likkutei Torah, p. 74b, suggest that, in context, Exodus 30:12 refers only to a census of the entire populace. Accordingly, Yoma 22b adduces verses from prophetic sources in establishing a prohibition against counting even a portion of the populace. Cf., however, Ḥiddushei Ḥatam Sofer, Yoma 22b, cited below. See also Ẓiẓ Eli’ezer, VII, no. 3, sec. 11, who suggests that other more explicit verses are required because Exodus 30:12 might be interpreted as forbidding a census only when undertaken by a “king or leader of Israel.” Indeed Midrash Talpiyot, no. 20, cites an opinion to the effect that “a ransom is required only when the census is undertaken by a king.
It should however be noted that Rambam, Hilkhot Temidim u-Musafim 4:4, cites only the reference to I Samuel 15:4 discussed in Yoma 22b and omits any reference to Exodus 30:12 as a source for such a prohibition. Unlike Berakhot 62b, Yoma 22b may have regarded Exodus 30:12 as referring only to the census undertaken in the wilderness, but not as establishing a prohibition for posterity. If so, the prohibition against counting would be regarded by Rambam as binding solely by virtue of prophetic tradition (mei-divrei kabbalah) rather than as expressly biblical in nature. See Mispar Bnei Yisra’el, p. 19f; cf., however, Seridei Esh, II, no. 48, and Ẓiẓ Eli’ezer, VII, no. 3, sec. 1. It is, however difficult to sustain any explanation which posits a conflict between Berakhot 62b and Yoma 22. In Berakhot it is R. Eleazar who cites Exodus 30:12 as the source of the prohibition and it is also R. Eleazar who is quoted in Yoma as establishing the prohibition on the basis of Hosea 2:1. A similar explanation is advanced by lyun Ya'akov and Ez Yosef in their respective commentaries on Ein Ya'akov, Yoma 22b.⁸See also Tosafot Ri ha-Lavan, Yoma 22b; cf. Be’er Sheva, Tamid 28a.

4. Rashi, I Chronicles 27:24, seemingly ignoring the sources cited in both Berakhot 62b and Yoma 22b, posits two entirely different verses as sources for this prohibition. The passages "If a man can number the dust of the earth, then shall your seed also be numbered" (Genesis 13:16) and " 'Look now toward heaven and count the stars if you are able to count them'; and he said unto him, 'So shall your seed be' " (Genesis 15:5) are interpreted by Rashi, not simply as blessings, but as prohibitions against counting the progency of Abraham. In his commentary on I Samuel 15:4, Rashi cites yet a third verse, "I will surely do you good and make your seed as the sand of the sea which cannot be numbered for multitude" (Genesis 32:13) which he renders as "which shall not be numbered for multitide.⁹Cf., Meshekh Ḥokhmah, Parshat Naso, s.v. be-haftorah.

According to Rashi, who views the verses in Genesis as establishing a prohibition against counting the population of Israel, it may perhaps be presumed that the Gemara, Yoma 22b, adduces prophetic verses because the verses in Genesis refer only to the counting of all members of the community of Israel. The prohibition established on the basis of the prophetic verses cited in Yoma 22b, however, clearly applies to the counting of even a segment of the populace. Thus, Scripture records that when Saul took the census prior to his battle against Ammon "The children of Israel were 300,000, and the men of Judah 30,000" (I Samuel 11:8); later, prior to the war against Amalek, Saul counted "200,000 footmen and 10,000 men of Judah" (I Samuel 15:4). The small numbers recorded, as well as the discrepancy between the figures, clearly indicate that the potential warriors counted by Saul constituted only a portion of the populace. Moreover, the Gemara, Yoma 22b, declares that, in the Temple, each priest extended a finger to be counted because it is forbidden to count people.¹⁰Cf., however, Rambam’s novel interpretation recorded in Hilkhot Temedim u-Musafim 4:3. The counting of only the priests in the Temple certainly would not have constituted a census of the entire people. Nevertheless, it was permitted to count only outstretched fingers but not the priests themselves.¹¹R. Meir Dan Plocki, Klei Ḥemdah, Parshat Ki Tissa, explains that although it is forbidden to count individuals directly, the counting of fingers is deemed a permissible form of indirect counting. Translated literally, Exodus 30:12 states “when you count the head of the children of Israel …” The prohibition, explains Klei Ḥemdah, is understood as applying only to the counting of “heads” or of “organs” upon which life is dependent. A similar explanation is advanced by the author of Pe’at ha-Shulḥan and rebutted by Ḥatam Sofer, Koveẓ She’elot u-Teshuvot (Jerusalem, 5733), no 8. Cf., Abarbanel, Exodus 30:12. Thus, according to this analysis, the direct counting of even a portion of the populace is forbidden.¹²As noted earlier Petaḥ Einayim, Sefat Emet and Yeshu’ot Malko independently explain that, in establishing a prohibition against the direct counting of the populace, the Gemara cites the verse describing the census taken by Saul rather than Exodus 30:12 because the latter passage serves to prohibit only the counting of the entire populace while the prophetic verses serve to prohibit the counting of even a portion of the populace.

This is also the position of Tosafot Rid, Yoma 22b; Redak, I Samuel 15:4 and II Samuel 24:1; and Tosafot Ri ha-Lavan, Yoma 22b. It should however be noted that Tosafot Rid and Tosafot Ri ha-Lavan speak of indirect counting being permitted for the "purpose of a mizvah" rather than simply for any "purpose." Similarly, R. Naphtali Zevi Yehudah Berlin, Meromei Sadeh, Berakhot 62a, stipulates that the counting must be for the purpose of a mizvah.¹⁹Cf., however, R. Chaim Kanievsky, Naḥal Eitan 6:10, sec. 7, who understands the concept of counting for the purpose of a miẓvah formulated by Tosafot Ri ha-Lavan as permitting even indirect counting only upon specific divine command, rather than for the purpose of enabling the fulfillment of some other commandment. A similar position is advanced by Petaḥ Einayim, Yoma 22b, in the name of R. Menachem Azariah of Panu. On the other hand, R. Chaim ibn Attar, Or ha-Hayyim, Exodus 30:12, permits the indirect counting of even the entire populace by means of half-shekels despite the absence of a legitimate "purpose."

Were war to be sanctioned solely on the basis of the law of pursuit, military action would perforce be restricted to situations in which loss of life is inflicted only upon armed aggressors or upon active participants in the war effort; military action resulting in casualties among the civilian populace would constitute homicide, pure and simple. However, not only does one search in vain for a ruling prohibiting military activity likely to result in the death of civilians,³⁸Amud ha-Yemini, no. 16, chap. 5, sec. 1. but, to this writer's knowledge, there exists no discussion in classical rabbinic sources that takes cognizance of the likelihood of causing civilian casualties in the course of hostilities legitimately undertaken as posing a halakhic or moral problem.³⁹For a contemporary discussion of this issue see Amud ha-Yemini, no. 16, chaps. 3-5. It may be noted that Scripture records that, prior to engaging in battle against Amalek, Saul said to the Kenites, “Go, depart, go down from among the Amalekites” (I Samuel 15:6). The clear implication is that, had the Kenites not heeded this admonition, Saul might have slain them with impunity in the course of the battle against Amalek.

That is that He commanded us to remember what Amalek did to us in its coming forward to do us evil, to hate it at all times, to arouse the spirits with statements to fight with it and to make the nation alacritous to hate it - such that the commandment not be forgotten with [the passing of] so much time. And that is His, may He be exalted, saying, "Remember what Amalek did to you" (Deuteronomy 25:17). Perhaps only in your heart? When it states, "you shall not forget," behold that is forgetting of the heart. So what do I establish [with] "Remember?" That hatred for it be in your mouth. Do you not see - that at the beginning of Shmuel's doing this commandment - how he first mentioned its evil acts and [only] then did he command to kill them? And that is His, may He be blessed, saying, "I have remembered what Amalek did to Israel" (I Samuel 15:2). (See Parashat Ki Tetzei; Mishneh Torah, Kings and Wars 5.)

The commandment to set up a place in which to defecate: That we were commanded that when our soldiers go out to war that we set up and designate a set place (see Tosefta Megillah 3:15) for the soldier, in which every man can go out to take care of his needs; so that their 'needs' not be [found] in very place and between the lodgings, like the [other] peoples do (Sanhedrin 104b). And about this it is stated (Deuteronomy 23:13), "And there shall be a yad for you outside the camp, etc." And the language of Sifrei is "A yad is always a place, as it states (I Samuel 15:12), 'and behold, he established a yad.'"

“The order of confession (of sins)³⁹Viddui, ודוי, confession of sins, is a prerequisite for expiation and atonement in the Bible for sins committed individually or collectively. In the Bible there is usually a pardoning by God following the confession. Examples of this are found in the stories of Cain, (Genesis 4:13) David, (Psalms 32,41,51, and 69), Judah with Tamar (Genesis 36:26), Achan and the spoils of Jerico (Joshua 7:19-21), Saul and the Amalekite booty (I Samuel 15:24-25). There are also examples of Biblical confessions made for the nation; Moses and the golden calf worshipping (Exodus 32:31), the high priest’s confession on the Day of Atonement (Leviticus 16:6, 11, 21) and the confession of Ezra (9:6, 7, 15) and Nehemiah (1:6,7;9:2,33-35).
Prior to the destruction of the Temple confessions had to precede special sin and guilt sacrificial offerings. The person confessing had to place his hands upon the head of the animal sacrifice to transfer his sins to the animal (Leviticus 1:4). The Bible gives no wording for these confessions but there is in the Mishna the wording for the confession of the high priest on Yom Kippur: “O God, I have committed iniquity, transgressed, and sinned before Thee, I and my house. O God forgive the iniquities and transgressions and sins which I have committed and transgressed and sinned before Thee I and my house as it is written in the Law of Thy servant Moses, ‘For on this day shall atonement be made for you, to cleanse you; from all your sins shall ye be clean before the Lord’” (Leviticus 16:30; Yoma 3:8).
In rabbinic times it became an accepted custom to confess one's sins before seeking atonement and the confession of sins became an integral part of the synagogue ritual. On the Day of Atonement it became a focal point of the service. According to the Talmud (Yoma 87b) the simple statement "Truly, we have sinned" is sufficient for confession, but elaborate formulas of confession have evolved. The Ashamnu "We have incurred guilt" is the prayer on Yom Kippur that is inserted into the fourth benediction of the reader's repetition of the Amidah (see footnote 43). The prayer consists of two parts, each of which contains an alphabetical listing of sins probably committed by people during the year for which they are seeking atonement on Yom Kippur. The first alphabetical confession is known as the Viddui Katan, the "Small Confession". The second part of the Ashamnu is known as the Viddui Gadol, the "Great Confession". It is also known as the Al Ḥet "For the sin which I committed before Thee" which is the statement that precedes each specified sin. These confessionals are first mentioned in geonic liturgy (see footnote 19). Additions to the enumerated sins have evolved to include all possible transgressions since a person might have unintentionally forgotten about a sin during the year which must be confessed in order to receive atonement. The sins are all confessed in the first person plural, "we", communally, thus a person may even confess a sin he is sure he did not commit.
In addition to Yom Kippur, the Ashamnu is also recited during the Seliḥot Services prior to Yom Kippur (see footnote 14). It is also recited in the Minḥah Afternoon Service on the Eve of Yom Kippur and ten times during the Day itself.
The Ashamnu is also included in the daily service of the Ḥasidic rite, and on Monday and Thursday it is recited by the Sephardi, Italian, and Yemenite communities.
The viddui, confession of sins, can also be said by individuals silently at appropriate occasions especially when one is about to die. The viddui said on the Day of Atonement in the singular has become acceptable as a death confessional. A bridegroom also recites this viddui in the singular during the Minḥah Service before his wedding, the wedding day being considered a day of judgment for the bride and groom.
Editorial Staff, E. J., v. 5, pp. 878-80. during Minḥah⁴⁰Minḥah, מנחה, is the Afternoon Service which is one of the three daily services, the Morning Service being called the Shaḥarit (see footnote 17) and the Evening Service being called the Arvit or Ma'ariv Service (see footnote 144). The Minḥah Service possibly derives its name from the minḥah sacrificial offering performed at the Temple in Jerusalem in the afternoon. A lamb was sacrificed at the Temple at dusk. The Minḥah Service consists of the following parts: the Ashrei (Psalm 145 preceded by Psalms 84:5 and 144:15 and closed by Psalm 115:18); the Amidah (see footnote 17); the Taḥanun (see footnote 10); and it is concluded with the Aleinu (see footnote 17).
On the Sabbath and on fast days a portion of the Torah is read before the Amidah and in some rites portions dealing with daily sacrifices are read before the Ashrei. On Sabbaths part of the portion from the Torah of the coming week is read.
The Minḥah Prayer can begin any time after the sixth and one-half hour of the day, which mean any time after 12:30 P. M. If Minḥah is prayed at this time of the day it is called Minḥah Gedolah or the "major" Minḥah. If Minḥah is prayed after the nine and one-half hour, which means after 3:30 P. M., it is called Minḥah Ketannah or the "minor" Minḥah. The Minḥah Service must though be completed before the twelfth hour, that is, before sunset, (Ber. 4:1; Ber 26b-27a).
The Shulḥan Arukh, Oraḥ Ḥayyim, 324 states that one may pray both Minḥah Gedolah and Minḥah Ketannah provided that one is obligatory (ḥovah) and the other is a voluntary act (reshut). But this is only allowed for the extremely pious.
The third meal on the Sabbath, Se'udah Shelishit is usually eaten between the Minḥah, Afternoon Service, and the Ma'ariv, or Evening Service. It has become the custom during the daily service to wait and begin the Minḥah Service shortly before sunset, so that the congregation can wait a few moments and then not have to reassemble (for a third time, having also assembled in the morning for Shaḥarit) for the Evening, Ma'ariv Service which on Sabbaths and holidays can be recited immediately following the sunset. On weekdays, it can be recited even before sunset.
cf., Aaron Rothkoff, E. J., v. 12, pp. 31-32. (the Afternoon Prayer) on the Eve of Yom Kippur” - Containing six paragraphs.
One needs to confess during Minḥah (the Afternoon Prayer) before the (last) meal before fasting.⁴¹Se'udah ha-Mafseket, סעודה המפסקת, is the term given to the last meal which is eaten immediately prior to the fast of Yom Kippur and the fast of Tishah be-Av. It contains the last food which is eaten until the fast has been completed.
Hagah: If one is alone he says it (the confessional) after he finished his Silent Prayer, but the public reader⁴²Shelia'aḥ Ẓibbur, שליח צבור, is the public reader or the envoy or messenger of the community. It is the term given to an individual in public synagogue worship who officiates as the reader or the cantor, ḥazzan, the one who chants the liturgy. The main function of the sheli'aḥ ẓibbur is to lead the congregation in communal worship by chanting (or reading) aloud certain prayers or parts of them. He also recites the doxology of calling the congregation to worship (Barekhu) and he repeats the Amidah (see footnote 17 and 43). He also recites most Kaddish (see footnote 177) prayers which is a prayer in praise of God, and he leads the congregation in responsive readings and hymns. The Shulḥan Arukh, Oraḥ Ḥayyim, 53:4-9 lists the qualifications of a sheli'aḥ ẓibbur. He must have humility, be acceptable to the congregation, know the rules of prayer, and the proper pronunciation of the Hebrew text, have an agreeable voice, be properly dressed, and have a beard. The beard however was later not required except on the High Holydays. Except for the recital of hymns and psalms (e.g., pesukei de-zimra, see footnote 17) the sheli'aḥ ẓibbur had to be a male past the age of bar mitzvah, thirteen years old.
c.f., Editorial Staff, E. J., v. 14, pp. 1355-56. says his (confessional) on Yom Kippur during the Silent Prayer,⁴³Ha-Tefillah, התפילה, "The Prayer" is a synonym for the Amidah, עמידה, the Silent Prayer said standing which is recited individually during each of the daily services, the Shaḥarit, Morning Service (see footnote 17), Minḥah, Afternoon Service (see footnote 40), and the Arvit (or Ma'ariv), the Evening Service (see footnote 144). It is also recited for the Musaf, the Additional Service (see footnote 166) on the Sabbath and festivals, and on Yom Kippur for a fifth time during the Ne'ilah, the concluding prayer (see footnote 191). During a congregational prayer that is when there is a minyan, a quorum of at least ten adult males, the reader (see footnote 41) repeats the Amidah outloud and on festivals a number of additions are made. Originally the repetition was for the uneducated people who did not know the prayers. Upon hearing each blessing they could respond, "Amen" and thus fulfill their religious obligation of reciting the Amidah. The Amidah of Arvit, the Evening Service, was originally optional but it long ago became obligatory to recite it silently but it is not repeated outloud except on the Sabbath eve when an abbreviated version of it in one single benediction is recited.
The word Ha-Tefillah for this prayer originated in the Talmud where it was referred to as "The Prayer" par excellence. It is also known as the Amidah for it is said "standing" and as the Shemoneh-Esreh (18) for it originally had eighteen benedictions in the daily worship while today it contains ninteen.
The Amidah takes on various forms for different occasions. On weekdays there are ninteen benedictions, on fast days an additional benediction is added when the reader repeats the prayer, (in ancient times on some public fasts six prayers were added to the regular ones, Ta'an. 2:2-4). On Sabbaths and festivals there are only seven benedictions in the Amidah except for the Musaf Service (see footnote 166) on Rosh HaShanah where there are nine. All the various forms of the Amidah have six blessings in common, the first and last three, with the middle changing according to the occasion. The first three benedictions praise God and the last three basically express thanksgiving. On the weekdays the intermediate benedictions are petitions and the Amidah is therefore predominantly a prayer of supplication where praise, petition, and thanksgiving are included. In most of the benedictions the one praying addresses God as "Thou" for it is through the Amidah that one communicates with God. The pronoun, "we" is also used throughout the Amidah which indicates that it is to be a communal prayer. Even though at times it is said individually, the worshipper is considered a member of the congregation. On Sabbaths and on festivals the central prayer concerns the specialness of the day or one aspect of that part of the day (that is, morning, afternoon, or evening on the Sabbath), and there is no petition, only praise, the special blessing of the day, and thanksgiving.
On the Day of Atonement the central blessing called Kedushat ha-Yom, the sanctification of the day, is concluded specially as follows: "Barukh…Melekh moḥel ve-sole'aḥ le-avonoteinu…mekaddesh Yisrael ve-Yom ha-Kippurim," "Blessed…King who pardons and forgives our iniquities…who sanctifies Israel and the Day of Atonement". On Yom Kippur also the third blessing (of the first three standard blessings of praise) is elaborated to contain the prayer "u-Vekhen Ten Paḥekha", "Now therefore impose Thy awe", which is an ancient petition for the eschatological Kingdom of God. On the Day of Atonement the silent recital of the Amidah is followed by the viddui, a confession of sins (see footnote 39) which is not written as a benediction. When the reader repeats the Amidah the viddui is inserted into the fourth, the central, benediction. Two confessions are recited, one short and one long which are both arranged in alphabetical order. The sins which every person might have committed during the year are included and enumerated upon. Since this prayer is part of community worship, the pronoun "we" is used, "we have transgressed, etc." (see also footnote 17).
Joseph Heinemann, E. J., v. 2, pp. 838-45. (טור).⁴⁴Tur, טור, see footnote 23.

2. On the second Sabbath we take out two [Torah] scrolls — in one [the Reader] reads the weekly portion, and in the second he reads "Remember what Amalek did to you..." [Deuteronomy 25:17–19], and the haftarah is "I took account of what Amalek did to you..." [I Samuel 15:1–34].