Halakhah su Levitico 19:26

From the break of dawn, it is forbidden to eat or drink before praying. The Sages support their words (Berakhot 10b) on the verse (Vayikra 19:26), “Do not eat upon the blood,” which they interpret as, “Do not eat before praying for your ‘blood.’” Further, they teach, “Anyone who eats and drinks first and [only] afterwards prays, Scripture says of him (1 Melakhim 14:9), ‘You have thrown Me behind your body (“gavekha,” the word used for “your body,” alludes to “ga’avatekha” – your pride).’ God said, ‘After this person acts arrogantly he accepts upon himself the yoke of heaven?!’”

Behold it is already been completely explained that it is inappropriate to count every negative or positive commandment that is found in the Torah, for it [may be] a repetition. Indeed it is appropriate to count [only] the content that we are commanded about or prohibited from. And it is impossible to have knowledge of a repeated negative or positive commandment that is coming to give additional content, without a teacher that instructs it. And [these teachers] are those that received the traditional explanation, peace be upon them. And do not err also because the prohibition is repeated with different words - like His, may He be exalted, saying (Leviticus 19:10), "You shall not pick (teollel) your vineyard bare," once He also said (Deuteronomy 24:19), "and overlook a sheaf in the field, do not turn back to get it," and He said (Deuteronomy 24:20), "When you beat down the fruit of your olive trees, do not extract (tefaer) again." For these are not two negative commandments, but rather one prohibition about one matter - and that is that he not take that which he overlooked from the grain or the fruits when he gathers them. And He brought two examples about them - from grapes and from olives. And He called what is left of the grapes ollelot; and of the olives, "pe'erot. And the understanding of tefaer is do not remove that which you have overlooked in some of your pe'erot - and those are the branches. (See the glosses on this book.) And to this principle, it is appropriate to attach that which I will [now] say. And that is that when I say that it is appropriate that they count the content about which we are commanded or from which we are prohibited, it is on condition that the content that we are prohibited is a separate negative commandment for each and every matter; or that the transmitters [present] a proof that separates one matter from another and that each of them requires [its own] prohibition. However when there is one negative commandment that includes many matters, only that negative commandment is counted, and not all of the content that is included in that negative commandment. And this is a general prohibition, for which we do not give lashes - as we will now explain. And that is that they said (Sanhedrin 63a) in explanation of His saying, "You shall not eat upon the blood" (Leviticus 19:26), "From where [do we know] that one who eats from an animal before its soul departs is in [transgression of] a negative commandment? As it is stated, 'You shall not eat upon the blood.' Another matter: From where is it derived that one who eats the meat of an offering before the blood has been sprinkled [on the altar] is in [transgression of] a negative commandment? We learn to say,'You shall not eat upon the blood' - you shall not eat the meat when the blood is still in the bowl. Rabbi Dosa says, 'From where [do we know] that we do not provide a meal for mourners of those executed by the court? We learn to say, "You shall not eat upon the blood."' Rabbi Akiva says, 'From where [do we know] that a Sanhedrin that killed a soul (i.e., that sentenced a person to death) may not taste anything that entire day? We learn to say, "You shall not eat upon the blood."' Rabbi Yochanan says, 'From where [do we know] the prohibition against the behavior of a stubborn and rebellious son? We learn to say, "You shall not eat upon the blood."'" Behold that we are prohibited from all of these five things, but they they are all included under one negative commandment. And they also said (Berakhot 10b), "From where [do we know] that a person should not taste anything until he prays? We learn to say, 'You shall not eat upon the blood' - you may not eat before you pray for your blood." And in explanation, they said in the Gemara (Sanhedrin 63a), "For all of [these specific prohibitions], he is not given lashes - as it is a general negative commandment." And they also explained that a general negative commandment is when two or three prohibitions come from one negative commandment. So it is inappropriate that they should count each and every prohibition it included as a separate negative commandment; but rather only the one negative commandment that includes all of them. And similar to this negative commandment - meaning, "You shall not eat upon the blood," - is His saying, "you shall not place a stumbling block before the blind" (Leviticus 19:14). As it also includes many matters, as will be explained (Sefer HaMitzvot, Negative Commandments 299). And likewise, His saying, "You must not carry a false rumor" (Exodus 23:1) - behold, it too includes many matters, as will be explained (Sefer HaMitzvot, Negative Commandments 281). And this is one of the types of general negative commandments.

Exactly parallel to this is His, may He be exalted, saying "Let no one be found among you who passes his son or daughter through the fire, or who is an augur, a soothsayer, a diviner, a sorcerer. One who casts spells, or one who consults ghosts or familiar spirits, or one who inquires of the dead" (Deuteronomy 18:10-11)." For each one of these things is counted as a separate negative commandment; and they have nothing to do with the first of the two divisions of the second type. The proof about this is His saying, "a soothsayer, a diviner," in the middle; whereas each of them was already clarified to be a separate negative commandment. And that was His saying [this verse], after a soothsayer and a diviner were each also mentioned separately in another verse - and that was His saying, "do not divine and do not soothsay" (Leviticus 19:26). And just like soothsayer and diviner are separated, so too do they separate those before them and after them (in the verses in Deuteronomy), [to be] like soothsayer and diviner - as we explained, about bread, parched grain and fresh stalks. And someone besides us already erred about this topic - whether because his mind did not comprehend all of these things, or whether [because] he forgot them. So he counted His saying, "A harlot or a profaned woman they shall not marry; a woman divorced from her husband they shall not marry" (Leviticus 21:7), as one commandment. And it was already clarified in the Gemara, Kiddushin (Kiddushin 77a), that he is liable for each and every one [separately], even if it is [all included] in one woman - as we will explain in its place (Sefer HaMitzvot, Negative Commandments 161). And we can grant him an excuse for counting a harlot and a profaned woman as one commandment - as he thought it to be a general negative commandment. And in his thinking, His saying, "A harlot or a profaned woman they shall not marry," was for him, like His saying, "Do not eat any of it raw or boiled in any way." And he did not know that the one was to be separated and the other was not to be separated. And likewise did he not distinguish between His saying, "you shall not eat bread, parched grain and fresh stalks," and His saying, "he may not diminish her food, her clothing or her conjugal rights." However I will not attack him about this. Yet [regarding] his counting a divorcee together with a harlot and a profaned woman as one commandment - he has no argument for this at all. For it's - meaning the divorcee - being separate is clear. And that is His saying, "a woman divorced from her husband they shall not marry." Behold we have explained this great principle - meaning to say, the general negative commandment - and its questions. And we have informed you of those that are separated and those that are [limited] only to the general negative commandment, such that we are only liable for it once; and that the content which is separated is counted as several commandments and that which is not separated is counted as one commandment. And always place this principle in front of your eyes; for it is a great key in verifying the count of the commandments.

“For there is no enchantment with Jacob” (Num. 23:23). Our Creator commanded us, “neither shall ye practice divination” (Lev. 19:26). With our wrongs that are multiplied as of this day, they are divining in Israel.¹Jonah Gerondi, Sefer ha-Yirah, ed. Benjamin Silber (Jerusalem: Horeb Publishers, 1952), Chapter CCXXVIII, p. 25a. They search their perversions and recall at the conclusion of the Sabbath not to eat eggs, nor take fire twice²In the event that the fire does not kindle the first time, he is not permitted to go back and take fire a second time. Not eating eggs refers to the rest of the week. if someone is sick in the house or gave birth within nine days, and many such things that the mouth cannot speak of wherein they transgress the commands of our King. And there is another form of divination quite prevalently practised. Standing and looking into the fire and seeing burning coals, they say, “We will have a guest,³Toseftah, Shabbath 7:2. however, if you extinguish it with water the guest will fall into the water,” and there is no divination graver than this. And the contention that this is true and firm and that numerous people have proven it, is but Satan’s doing, it is he who leads them astray. When Satan sees this one divining, and saying, “The guest will fall into the water,” then Satan says, “I will go and throw the guest into the water in order to deceive him that this be a sign to him to divine for ever.”⁴Abodah Zarah 55a. And woe unto those who do so, for they transgress numerous prohibitions such as, “Neither shall ye practice divination” (Lev. 19:26).⁵These are negative commandments. “There shall not be found among you etc…. one that useth divination” (Deut. 18:10). “Neither shall ye walk in their statutes” (Lev. 18:3). Moreover, they render false the testimony of the Torah, “For there is no enchantment with Jacob” (Num. 23:23). Those who vow when a headache occurs never to eat from the head of an animal, or when they suffer with their intestines never to eat intestines, follow the customs of the Amorite.⁶Daath Zekenim Baale Tosafoth, Genesis 32:33. Trust only in the Holy One, blessed be He, and He will cure you. Also we need not be apprehensive about a sign, except in the way our scholars intended (directed us) as in the case where they said, “On New Year’s let them eat of the head of a ram, because of the thought, ‛Let it be the head of a good year,’ also of various sweets because of ‛a sweet year,’ ‛let him raise a cock,’ also let him ‛kindle a light in the house that the wind does not extinguish.’”⁷Horayoth 12a. Those people that need to fulfill a command such as start the studies of their children, or some such other command, but say, “let us wait until the new month,” even though this is not divining it is not good, for who knows whether he will live or die within the month, with the result that he may die and not fulfill the command. The best procedure is to perform a meritorious deed when it presents itself and not postpone it, thus our scholars expounded,⁸Rashi, Yoma 33b. “And ye shall observe the feast of unleavened bread” (Exod. 12:17). Do not say matzos, unleavened bread, but mitzvos, commandments, which is to say, if a meritorious deed presents itself to you, do not allow it to become sour but perform it immediately.⁹The two words share five letters in common. Adding a vav to the word matzos (unleavened bread) gives us a new Hebrew word meaning “commandments.” And if he intended to perform a meritorious deed but was accidentally prevented from doing so Scripture credits him as if he had performed¹⁰Kiddushin 48a. it, for it is said, “And that thought upon His name” (Mal. 3:16). The Holy One, blessed be He, equates a good thought with action.

To not eat or to drink in the way of a glutton and a drunkard: To not indulge in much eating and drinking in the days of youth, according to the conditions described with a rebellious son (ben sorrer oumoreh) in Scripture, with what the Sages, may their memory be blessed, explained about it in Tractate Sanhedrin. And the warning to us about this is from that it is written (Leviticus 19:26), "You shall not eat upon the blood." As so did they say explicitly in Sanhedrin 63a, "From where is the warning for a rebellious son? [Hence] we learn to say, 'You shall not eat upon the blood'" - meaning to say, do not eat an eating that leads to shedding blood, and that is the eating of the rebellious son, such that he is liable the death penalty for such a bad eating. And Rambam, may his memory be blessed, wrote (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 195), "And even though this is a general negative commandment as we have explained in the ninth principle, it is not distant [to say] that when the punishment is explicit - meaning to say the punishment of the rebellious son, the statute of which is stoning, being explicit in Scripture - we are not concerned about whether the warning is from the general negative commandments." And he gave a reason for his words, as it is written in his book, Negative Commandment 195, and in the ninth principle. And Ramban, may his memory be blessed, wrangled with him greatly about this. However they both concede that the negative commandment of "You shall not eat upon the blood," and anything similar to it that includes many things - as we will write here - and their content and the reason for their prohibition is not the same, except that Scripture forbids them all in one negative commandment and in one category (literally, with one name), is called a general negative commandment. And it a law that we do not administer lashes for a general negative commandment. But Rambam, may his memory be blessed, would say that because of this is the rebellious son punished with the death penalty for this eating - since Scripture explicitly revealed that his punishment is stoning in another place. And he elucidated at the the introduction to his book (Sefer HaMitzvot LaRambam, Root 14 at the end) that anything about which Scripture makes liable for excision or the death penalty of the court is a negative commandment, except for the Pesach sacrifice and circumcision - as they have excision but they are positive commandments. And from this principle was it derived by the Rabbi that the law of the warning of the rebellious son - even though it is learned from a general negative commandment - is like the law of other warnings, since Scripture made the punishment of the death penalty about it explicit.

To not divine: That we not follow divinations, as it is stated (Leviticus 19:26), "you shall not divine." And it is repeated in another place, as it is stated (Deuteronomy 18:10), "There shall not be found in you, etc. or a diviner." And they said in Sifrei Devarim (Shoftim), "'A diviner' - such as one who says, 'My bread fell from my mouth, the stick fell from my hand, a snake passed on my right and a fox on my left,' and he refrains from some act because of it." And in Sifra, Kedoshim, Chapter 6:2 they said, "'You shall not divine' - such as those that divine with weasels, birds, stars and what is similar to them." To here [are the words of the Sifra]. And such as that which the silly masses among the nations say: Since he came back from his path that he was walking, a deer passed in front of him, or a yelling crow passed over his head or if he saw thing x at the beginning of the day - he will not have profit today or any [other] bad event will come to him. And all of these acts and similar to them are included in this negative commandment.

To not soothsay: To not soothsay, as it is stated (Leviticus 19:26), "and you shall not soothsay (teonenu)." And the understanding of the matter is like they said in Sifra, Kedoshim, Chapter 6:2, that it is an expression of a time period (onah). [This] means to say that we do not fix time periods to say time x is good to do action y; and anyone who does it at that time will be successful, but one who does it at time z will not be successful - like the empty clairvoyants say. And the negative commandment about this matter is repeated in the Order of Shoftim, as it is written there (Deuteronomy 18:10), "There shall not be found in you, etc. a soothsayer." And they, may their memory be blessed, said (Sanhedrin 65b) that included in this negative commandment of the soothsayer is the fooling the eyes that people do. And this matter is a great type of machination that is connected with lightness of hand and its powerful quickness to the point that it appears to people that the trickster is doing fantastic things, meaning to say that they are supernatural. As what those that make efforts in this always do, such that they take a rope and put it into the corner of their clothes in front of people's eyes, and afterwards they take out a snake; and so [too,] they throw a ring into the air, and afterwards they take it out from the mouth of one of the bystanders in front of them; and many things similar to these. And each one of these evil acts is forbidden, and one who does it is called a fooler of the eyes. And it is included in the prohibition of the soothsayer and we administer lashes for it. And even though [the prohibition of the] soothsayer is stated next to the sorcerer in one verse, it is not precisely a type of magic. As if the prohibition about it was on account of the negative commandment of the sorcerer, we would not administer lashes for it, since the negative commandment of the sorcerer is given over to the warning of a death penalty from the court, as it is stated (Exodus 22:17), "You shall not keep a witch alive." And it is established for us (Eruvin 17b) that we do not administer lashes for any negative commandment that is given over to the warning of a death penalty from the court.