Halakhah su Isaia 57:26
Contemporary Halakhic Problems, Vol I
Preservation of human life is commonly seen as the rationale underlying the ban against induced abortion. Each of the diverse authorities heretofore cited considers the essence of the prohibition to be closely akin to that of homicide. There are, however, other authorities who deem the destruction of a fetus to be unrelated to the taking of human life but nevertheless forbidden on extraneous grounds. Chief among these are the opinions of those who maintain that feticide is precluded as constituting a form of destruction of the male seed or that it is forbidden as a form of unlawful flagellation. R. Shlomoh Drimer (Teshuvot Bet Shlomoh, Hoshen Mishpat, no. 132) contends that the destruction of a fetus cannot be a form of homicide since the fetus cannot be viewed as "a life" in its prenatal state.13R. Drimer similarly argues that the a priori principle “How do you know that your blood is sweeter than the blood of your fellow?” cannot be applied in assessing the value of fetal life. Cf. below n. 65. He does not, however, spell out the nature of the crime committed in causing the death of a fetus. The origin of this view can be traced to the Teshuvot ha-Radbaz, II, no. 695, in which the author states explicitly that destruction of a fetus is not a form of homicide. R. Ya'ir Chaim Bachrach (Havot Ya'ir, no. 31), argues that feticide is included in the interdiction against onanism14This determination is based upon Tosafot, Sanhedrin 59b, and others who maintain that such practices are biblically prohibited. For a comprehensive list of sources, see Oẓar ha-Poskim (Jerusalem, 5725), IX, 163–64, and R. Moses D. Tendler, Tradition, IX (1967), nos. 1–2, pp. 211–12. Regarding the question of whether Noachides are bound by the prohibition against onanism, see Tosafot, Sanhedrin 59b; Mishneh le-Melekh, Hilkhot Melakhim 10:7; R. Naphtali Zevi Yehudah Berlin, He’emek She’elah 165:2; and R. Joseph Rosen, Teshuvot Ẓofnat Pa‘aneaḥ (New York, 5714), no. 30. and reasons that destroying the fetus is within the scope of the verse "slaying the children in the valley under the clefts of the rocks" (Isa. 57:5), which is interpreted by the Gemara, Niddah 13a, as having reference to the destruction of the male seed.15R. Jacob Emden, She’elot Ya‘aveẓ, (New York, 5721), no. 43, also makes brief mention of this consideration. See also Zekhuta de-Avraham, cited by R. Meir Dan Plocki, Ḥemdat Yisra’el (Pietrokow, 5687), p. 175. The author of Zekhuta de-Avraham offers an identical opinion, adding that feticide and onanism incur the self-same penalty—"death at the hands of heaven."16Cited by Ḥemdat Yisra’el, p. 175. In his responsum Havot Ya'ir accepts the ruling of Tosafot (Yevamot 12b) that women are also bound by the prohibition against destroying the male seed. He notes that, even according to the view of Rabbenu Tam that women are not included in this specific prohibition,17It is on the basis of Ḥavot Ya’ir’s declaration that feticide is forbidden as a form of “destruction of the seed” and of the diminished severity of such an act when performed by a woman (according to Rabbenu Tam) that R. Waldenberg counsels that it is preferable to seek a female (Jewish) doctor to perform even those abortions which are halakhically permissible. See Ẓiẓ Eli‘ezer, IX, 235. these practices are nevertheless forbidden to them, for women, too (Tosafot, Gittin 41b), are bound to bring to fulfillment the divine design of a populated world as stated in the words of Isaiah 45:18, "He created it [the earth] not a waste, He formed it to be inhabited."18Following this line of reasoning, feticide would be biblically forbidden even according to Rabbenu Nissim, who does not consider destruction of a fetus to be a form of homicide.
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Kitzur Shulchan Arukh
[On Purim] everyone is required to send1Mishnah Berurah questions if the mitzvah is fulfilled if you give the gift directly to the recipient, without a messenger. (Mishnah Berurah 695:18) no less than two gifts to one person; as it is written, "And sending gifts of food to one another" (9:22); which implies two gifts to one person. The more gifts you send to your friends the more praiseworthy you are. Nevertheless, it is much better to give generously to the poor than to have a lavish feast and to send extravagant gifts to your friends; for there is no greater and more glorious joy before the Holy One, blessed is He, than to gladden the hearts of the poor, the orphans and the widows. Whoever gladdens the hearts of these unfortunates is compared to the Divine Presence, for it is said, (Isaiah 57:15) "To revive the spirit of the humble and revive the heart of the crushed."
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Shulchan Arukh, Orach Chayim
“The order of the reading of the Torah and of circumcision on Yom Kippur” - Containing six paragraphs.
We take out (from the ark) two Torah scrolls.168Two Torah scrolls are taken out on the festivals because portions from two separate sections of the Torah are read. The Torahs can be set before hand so that they can be opened to the correct portion without the necessity of rolling the scroll from one portion to the next. In the first Torah six men read from the portion “אחרי מות”, (Leviticus 16:1-18:30) until “and he did as the Lord commanded (Moses)”, (Leviticus 16:34). But if (Yom Kippur) falls on Shabbat, seven (men read from the first Torah), and the Maftir169Maftir, מפטיר, means literally "one who concludes". It is the name given to the man who is the last to read in the Torah and he also usually reads the haftarah (see footnote 170), the section of the prophets that corresponds to the Torah reading. Maftir is also the name given to the three or more concluding verses of the regular weekly Torah portion as well as to the final verses read on festivals and public fast days.
Editorial Staff, E. J., v. 11, p. 685. (the last reader) reads from the second (Torah scroll) from the portion, Pinḥas, (Numbers 25:10-30:1), the section “and you shall have on the tenth day of this seventh month”, (Numbers 29:7-11). The Maftir (the Haftarah section from the Prophets170The Haftarah, הפטרה, is a portion from the Prophets section of the Bible read after the Torah is read on Sabbaths, festivals, and fast days. On Sabbaths and festivals the haftarah is read during the Morning, Shaḥarit Service (see footnote 17), but on fast days it is read only during the Afternoon, Minḥah Service (see footnote 40). The exception to this is Yom Kippur and Tishah be-Av (see footnote 102) where there is a haftarah after the Torah reading in both the Morning and the Afternoon Service.
The Torah in its regular portions is read straight through during the year but such is not the case on festivals and some special Sabbaths. The haftarot are selected in parts from both the Former and Latter Prophets. Only two prophetic books are read in their entirety as haftarot, the Book of Obadiah which has only twenty-one verses and is read after the Torah portion Va-Yishlaḥ (Genesis 32:4-36-43) according to the Sephardi rite, and the Book of Jonah which is the haftarah for the Minḥah Service on Yom Kippur (see the Shulḥan Arukh, Oraḥ Ḥayyim 622:2).
Haftarot were usually selected so there would be some similarity in content between the Pentateuchal and the Prophetic portions, but often this did not happen and haftarot were chosen because of historical events or because of some special date. Special haftarot are read on special Sabbaths and the haftarah for each festival is based on the nature of the festival.
When the custom of reading the haftarah got started is not known for sure, but it is thought that it began during the persecutions of the Antiochus Epiphanes which preceded the Hasmonean revolt. The Torah was not permitted to be read by the Jews during the persecution for it was felt that the reading of it kept the Jews together and gave them a special strength. As a substitute for the Torah reading, sections form the Prophets were chosen that would remind the Jews of the corresponding Torah portion. Appearantly when the ban against reading the Torah was lifted, the practice of reading the haftarah continued. The first mention of the practice of the reading of the haftarah is found in the New Testament. Acts 13:15 states, "after the reading of the law and the prophets". Haftarot are also discussed in the Talmud as to which are to be read at specific times and festivals. In Mishnaic times different communities read different haftarot, and a set order was probably not established until talmudic times. Some haftarot today differ from those recorded in the Talmud, and there are differences in the Sephardi and Ashkenazi rites.
The maftir, the one who reads the haftarah also reads the last part of the weekly portion, (i.e., the Torah reader reads it for him). On the Sabbath, after the seventh reader from the Torah, the maftir usually rereads the last three verses of the weekly portion. On festivals and the four special Sabbaths, the maftir reads the special section from the second scroll which is usually a short description of of the festival found in the Torah. Before the haftarah is read (or chanted) the maftir precedes the haftarah with two blessings and after he ends the haftarah he recites three blessings to which a fourth one is added on Sabbaths and festivals. This fourth blessing changes with the nature of the day. The Sabbath haftarah usually has a minimum of twenty-one verses while the festival has at least fifteen verses. Lately it has become the custom for the Bar Mitzvah boy (a man upon reaching the age of thirteen) to chant the haftarah to display his ability with a Hebrew text.
Louis Isaac Rabinowitz, E. J., v. 16, pp. 1342-44.) comes from Isaiah, “and shall say, cast you up, cast you up, prepare the way” until “for the mouth of the Lord has spoken it”, (Isaiah 57:14-58:14).
We take out (from the ark) two Torah scrolls.168Two Torah scrolls are taken out on the festivals because portions from two separate sections of the Torah are read. The Torahs can be set before hand so that they can be opened to the correct portion without the necessity of rolling the scroll from one portion to the next. In the first Torah six men read from the portion “אחרי מות”, (Leviticus 16:1-18:30) until “and he did as the Lord commanded (Moses)”, (Leviticus 16:34). But if (Yom Kippur) falls on Shabbat, seven (men read from the first Torah), and the Maftir169Maftir, מפטיר, means literally "one who concludes". It is the name given to the man who is the last to read in the Torah and he also usually reads the haftarah (see footnote 170), the section of the prophets that corresponds to the Torah reading. Maftir is also the name given to the three or more concluding verses of the regular weekly Torah portion as well as to the final verses read on festivals and public fast days.
Editorial Staff, E. J., v. 11, p. 685. (the last reader) reads from the second (Torah scroll) from the portion, Pinḥas, (Numbers 25:10-30:1), the section “and you shall have on the tenth day of this seventh month”, (Numbers 29:7-11). The Maftir (the Haftarah section from the Prophets170The Haftarah, הפטרה, is a portion from the Prophets section of the Bible read after the Torah is read on Sabbaths, festivals, and fast days. On Sabbaths and festivals the haftarah is read during the Morning, Shaḥarit Service (see footnote 17), but on fast days it is read only during the Afternoon, Minḥah Service (see footnote 40). The exception to this is Yom Kippur and Tishah be-Av (see footnote 102) where there is a haftarah after the Torah reading in both the Morning and the Afternoon Service.
The Torah in its regular portions is read straight through during the year but such is not the case on festivals and some special Sabbaths. The haftarot are selected in parts from both the Former and Latter Prophets. Only two prophetic books are read in their entirety as haftarot, the Book of Obadiah which has only twenty-one verses and is read after the Torah portion Va-Yishlaḥ (Genesis 32:4-36-43) according to the Sephardi rite, and the Book of Jonah which is the haftarah for the Minḥah Service on Yom Kippur (see the Shulḥan Arukh, Oraḥ Ḥayyim 622:2).
Haftarot were usually selected so there would be some similarity in content between the Pentateuchal and the Prophetic portions, but often this did not happen and haftarot were chosen because of historical events or because of some special date. Special haftarot are read on special Sabbaths and the haftarah for each festival is based on the nature of the festival.
When the custom of reading the haftarah got started is not known for sure, but it is thought that it began during the persecutions of the Antiochus Epiphanes which preceded the Hasmonean revolt. The Torah was not permitted to be read by the Jews during the persecution for it was felt that the reading of it kept the Jews together and gave them a special strength. As a substitute for the Torah reading, sections form the Prophets were chosen that would remind the Jews of the corresponding Torah portion. Appearantly when the ban against reading the Torah was lifted, the practice of reading the haftarah continued. The first mention of the practice of the reading of the haftarah is found in the New Testament. Acts 13:15 states, "after the reading of the law and the prophets". Haftarot are also discussed in the Talmud as to which are to be read at specific times and festivals. In Mishnaic times different communities read different haftarot, and a set order was probably not established until talmudic times. Some haftarot today differ from those recorded in the Talmud, and there are differences in the Sephardi and Ashkenazi rites.
The maftir, the one who reads the haftarah also reads the last part of the weekly portion, (i.e., the Torah reader reads it for him). On the Sabbath, after the seventh reader from the Torah, the maftir usually rereads the last three verses of the weekly portion. On festivals and the four special Sabbaths, the maftir reads the special section from the second scroll which is usually a short description of of the festival found in the Torah. Before the haftarah is read (or chanted) the maftir precedes the haftarah with two blessings and after he ends the haftarah he recites three blessings to which a fourth one is added on Sabbaths and festivals. This fourth blessing changes with the nature of the day. The Sabbath haftarah usually has a minimum of twenty-one verses while the festival has at least fifteen verses. Lately it has become the custom for the Bar Mitzvah boy (a man upon reaching the age of thirteen) to chant the haftarah to display his ability with a Hebrew text.
Louis Isaac Rabinowitz, E. J., v. 16, pp. 1342-44.) comes from Isaiah, “and shall say, cast you up, cast you up, prepare the way” until “for the mouth of the Lord has spoken it”, (Isaiah 57:14-58:14).
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