민수기 14:51의 Halakhah

And again, the entire reason for our present exile is the sin of the spies (viz. Tehillim 6:25-27): "And they murmured in their tents [against the land]. They hearkened not to the word of the L–rd. And He lifted up His hand [in oath] against them… to scatter them in the lands," as Rashi explains there and as the Ramban wrote (on Bamidbar 14:1). And it is stated in Arachin (15a) that the sin of the spies was essentially lashon hara, their giving out an evil report of the land. And because they then (on the eve of the ninth of Av) cried a "vain" cry, it (the ninth of Av) was decreed for them as a "crying" for the generations [e.g., the destruction of both Temples, etc.]. And countless other evils befell us because of this grave sin. For all the sages of Israel who were killed by King Yannai in the days of Shimon ben Shetach, the brother-in-law of King Yannai, were also killed because of the sin of rechiluth (viz. Kiddushin 66a). And the murder of the tanna, R. Elazar Hamodai, (which also contributed to the destruction of Betar) was likewise caused by rechiluth which was spoken against him before Ben Koziva (viz. Eichah Rabbah 2:4).

Furthermore, is it not well known that exile had already been decreed upon us because of the act of the spies (viz. Tehillim 106:25-27): "And they murmured in their tents [against the land]. They hearkened not to the voice of the L–rd. And He lifted up His hand [in oath] against them… to scatter them in the lands," as Rashi and the Ramban explain there (Bamidbar 14). And the sin of the spies — was it not that of lashon hara! (viz. Arachin 15a). Therefore, it is imperative that we correct this sin before the redemption can take place.

I shall explain the verse “it will bring forth produce for the three years” (ibid. 25:21).⁸⁸ Scripture states: “If you should say: ‘What will we eat on the seventh year? Behold we will neither plant nor gather our produce.’ I shall command My blessing upon you in the sixth year, and it will bring forth produce for the three years. You will plant in the eighth year and eat of the old produce until the ninth year, until the arrival of its produce, you will eat old” (Leviticus 25:20–22). Among the problems that these verses present are: (1) the “three years” are listed as through the ninth year, which tallies to four years (6, 7, 8, and 9) instead of three. (2) We do not even have three full years, since the produce serves for half the sixth year, the whole seventh year, and half the eighth year. (3) Why would they be eating old produce through the ninth year when they can plant and harvest on the eighth year (since the year begins with Tishre)? Ibn Ezra addresses these problems. Be aware that a minute remaining of a Biblical day is considered a full day. For example, it is written “On the eighth day the flesh of his foreskin shall be circumcised” (ibid. 12:3). If one is born on Friday one-half hour before the Sabbath commences, he is circumcised the following Friday morning, even though he has not completed seven full days.⁸⁹ Thus we see that when Friday ends one full day is completed, even though it was not 24 hours. Therefore the following Friday is the eighth day. Similarly, one day in the year is considered a full year. Sometimes it is counted as a separate year and sometimes it is left as part of the previous full year. Thus it is written “you will bear your sins for forty years” (Numbers 14:34). Now this incident occurred in the second year, and God did not punish them before they sinned.⁹⁰ The problem is how to arrive at a figure of forty years of wandering from the time they sinned (the slanderous report of the spies), when they remained in the wilderness only 39 more years. The number forty was due to their not crossing the Jordan until the “tenth of the first month” (Joshua 4:19) in the forty-first year.⁹¹ In this case part of one month counted as a year. This is in contrast to “they ate the manna forty years” (Exodus 16:35).⁹² The manna began in the first year of the exodus from Egypt and continued into the forty-first year. Yet Scripture writes “forty years,” omitting the one month of the forty-first year. In Scripture the “seventeenth” (1 Kings 14:21) is identical with “the eighteenth year” (ibid. 15:1);⁹³ We know that Rehoboam and Jeroboam began their reigns in the same year, with Rehoboam preceding Jeroboam by a few weeks. Also, Scripture relates that Rehoboam ruled for seventeen years (1 Kings 14:21), which would likewise be the seventeenth year of Jeroboam. Yet Scripture states that Rehoboam’s son, Abijam, began his reign in the eighteenth year of Jeroboam (ibid. 15:1). Obviously here “seventeenth year” and “eighteenth year” were the same year. also the “nineteenth.”⁹⁴ The eighteenth year of Nebuchadnezzar (Jeremiah 52:29) is also referred to as the nineteenth year of Nebuchadnezzar (ibid. 52:12). “The eleventh year” (2 Kings 9:29) is the same as “The twelfth year” (ibid. 8:25).⁹⁵ The verse relates that Ahaziah began his reign in the eleventh year of Jehoram (2 Kings 9:29), while in 2 Kings 8:25 it is written that Ahaziah began his reign in the twelfth year of Jehoram. Also, Ahaziah ruled for two years beginning with “the seventeenth year of Jehoshaphat” (1 Kings 22:52), yet Jehoram his brother ruled after him “in the eighteenth year of Jehoshaphat” (2 Kings 3:1). There are many similar examples.

The Blessings of the Betrothal and if it Requires Ten¹The number ten refers to the number of male adults, ages 13 years or over, necessary for public synagogue service and certain other religious ceremonies. The Talmud derives this number from the term “edah” (community) which in the Torah is applied to the ten spies (Num. 14:27). Thus ten men constitute a congregation. • 4 paragraphs
All who betroth a woman whether in person or through an agent recites a blessing (he or his agent) (Tur) [and there are those who say that another (R. Moses of Coucy and an anonymous commentator on the Mishnah) should recite a blessing and so it is customary]: “who sanctified us by his commandments and commanded us concerning Arayot²In Hebrew, the concept of incest is expressed in the word Arayot for which the punishment was death, the form depending upon the kind of incest. There is no literal translation of Arayot. It may be defined as any sexual act which is not considered moral and therefore is forbidden. There are certain relationships which have been prohibited either by Biblical or Rabbinic injunctions. They are:
BIBLICAL PROHIBITIONS | TALMUDIC EXTENSIONS

A. CONSANGUINITY

a. In the Ascending Line

1. Mother | Grandmother (paternal as well as maternal).

b. In the Descending Line

2. Daughter (implied in granddaughter).

3. Granddaughter (son’s or daughter’s daughter). | Son’s or daughter’s granddaughter.

c. Collateral Consanguinity

4. Sister and half-sister (either born in wedlock or not).

5. Father’s sister. | Grandfather’s sister.

6. Mother’s sister. | Grandmother’s sister.

B. AFFINITY

a. Through One’s Own Marriage

7. Wife’s mother. Wife’s Grandmother. | Wife’s stepmother not strictly prohibited, but objectionable.

8. Wife’s daughter (stepdaughter).

9. Wife’s granddaughter.

10. Wife’s sister (during the life time of the divorced wife).

b. Through Marriage of Near Blood Relation

11. Father’s wife (stepmother). | Father’s or mother’s stepmother.

12. Father’s brother’s wife. | Mother’s brother’s wife; father’s uterine brother’s wife.

13. Son’s wife. | Grandson’s or great grandson’s wife.

14. Brother’s wife (except in the case of levirate). and prohibited to us relations with betrothed women,³(but). permitted to us women married under the Ḥuppah⁴Ḥuppah -- the term originally referred to the bridal canopy or bridal chamber and sometimes the wedding itself. In ancient times the Ḥuppah was the tent or room of the groom into which, at the end of the betrothal period, the bride was brought for the consummation of the marriage. In later times it became simply a canopy which was erected out of four sticks and a piece of cloth. There is still debate as to the legal consequences of a Ḥuppah. One view is that the Ḥuppah represents the groom’s home and this fulfills the need for the bride to be brought to the groom’s home for Nissuin. Another view is that the Ḥuppah embraces a private meeting for the consummation of the marriage proper. Today we use the Ḥuppah in the ceremony and have the marriage consummated at a later time. and by the betrothal ceremony: “Blessed are you Lord who blesses Israel.” [There are those who say the text of the blessing in different words by saying “and permitted to us marriage by means of Ḥuppah and Kidushin” (Tur) and concludes⁵When a prayer begins with “Blessed art thou …” and concludes with “Blessed art thou …” it is called a long blessing. The words “Blessed art thou …” acts as the conclusion for the total blessing. it with “Blessed are Thou who sanctifies his people Israel through Ḥuppah and Kidushin” (Thus wrote R. Asher Ben Yechiel) and thus it is customary in these lands] and after he finishes the blessing he shall betroth her.

Laws of the Congregation's responding to the Kaddish (5 sections): One should have concentration when answering the Kaddish. Rem"a: And one does not interrupt between "Y'hei Sh'meih Rabbah" ("May the Great Name") and "M'varakh" ("be blessed") [Hagahot Asheri in the name of Or Zarua wrote regarding the first explanation: "One should not interrupt between "Sh'meih" and "Rabbah" and according to the explanation of the Ri: one should not interrupt between "Rabbah" and "M'varakh"]. and one should answer loudly and strive to run to hear Kaddish. Rem"a: And one should stand when answering Kaddish and any davar she-bikdushah ("matter in which there is holiness" - a recitation which requires a minyan). And one who comes to synagogue and hears the congregation answering Kaddish answers along with them even though he did not hear the prayer-leader saying "Yitgadal etc." [Hagahot Chadashim on the Mordechai on Brakhot]. And the prayer-leader also needs to say "Y'hei Sh'meih Rabbah...". And when he begins "Yitgadal...", one should say "And now, let power [of YHVH] be magnified..." (Numbers 14:17) and "Remember Your mercy..." (Psalms 25:6).

In a recent pronouncement, the Committee on Jewish Law and Standards of the Rabbinical Assembly declared that men and women may be counted equally for a minyan (quorum for public prayer). The concept of a minyan as consisting of ten male adults is derived by the Gemara, Megillah 23b, from the verse "How long shall I bear with this evil congregation … ?" (Num. 14:27). The term "congregation" is here applied to the ten spies who returned from scouting the Holy Land with an unfavorable report. Since the appellation "congregation" is applied by Scripture only to a group of ten individuals, the Gemara declares that a quorum for all matters requiring a "congregation" consists of ten persons. Since the "congregation" referred to by Scripture consisted of ten adult males, it follows that the minyan must be composed of adult males.¹⁰Cf. Rabbi Chaim Hershensohn, Malki ba-Kodesh, II, 199–201. The list of sources which specificly declare that only males are eligible for inclusion in a minyan is formidable.

All (types of) work (for whose transgression) a person is guilty on the Sabbath is also guilty on Yom Kippur. And all types of work for whose transgression on the Sabbath a person is free from punishment but are still prohibited, are also prohibited on Yom Kippur in a like manner except that on the Sabbath a conscious sin is punishable by stoning,⁷⁹Stoning, sekilah, סקילה, is a Biblical form of capital punishment which was the standard penalty for crime in all ancient civilizations. In the Torah there are two explicit methods of executing a criminal or a sinner; stoning and burning. According to the Talmud, the Torah has four methods of execution: stoning, burning, beheading, and strangling, (See B. Sanhedrin 49b., ff).
Stoning was an instinctive violent expression of popular wrath, (Exodus 17:4, 8:22; Numbers 14:10; I Samuel 30:6; I Kings 12:18; II Chronicles 10:18) and often in the Bible it is the prescribed mode of execution (Leviticus 20:2, 27, 24:16; Numbers 15:35; Deuteronomy 13:11, 17:5, 21:21, 22:21, et al). Originally, the whole community participated in the stoning and were required to throw stones at the guilty person. Stonings were probably the standard form of judicial execution in Biblical times, (Leviticus 24:23; Numbers 15:36; I Kings 21:13; II Chronicles 24:21).
The Mishna (Sanh.6:4) states that a "stoning place" was established where instead of a person being pelted by stones, the convicted person would be pushed down from a high place to his death provided it was not too high so as to mutilate the body which was a concern of the rabbis. It also was not to be too low so the death would be instantaneous. The reason for the stoning place was that the scriptural rule states "The hands of the witnesses shall be first upon him to put him to death," (Deuteronomy 17:7) and then afterwards the "hand of all the people (should be on him)", (Deuteronomy 17:7). To insure that the witnesses put him to death they were the ones to push him and thereby be first to put him to death. Thus this method of "stoning" became acceptable as opposed to the actual throwing of stones. This also seemed the more "humane" way of carrying out capital punishment as the convicted person died more quickly and the danger of mutilation was reduced. In Maimonides' comment to Sanhedrin 6:4 he stated that it really made no difference if stones were thrown at one or if one were thrown at stones.
cf., Haim Hermann Cohn, v. 5, pp. 142-43. but on Yom Kippur it is punishable by karet.⁸⁰Karet, כרת; see footnote 78. Everything that is forbidden to be moved (or handled) on the Sabbath is also forbidden to be moved (or handled) on Yom Kippur, (but it is permitted to clean vegetables and to open (shell) nuts from the Minḥah time⁸¹Minḥah, מנחה, a time designating afternoon, meaning after the six and one half hour or after 12:30 P.M. according to our present day time system. (See footnote 40 for a more complete explanation). onward when (Yom Kippur) falls on a weekday, but nowadays (presently) it is customary to forbid that.)
Hagah: If a fire occurs on Yom Kippur, it is permitted to save one meal for the need of the night (following Yom Kippur) as one (may) save on the Sabbath the afternoon meal,⁸²The afternoon meal on the Sabbath is also referred to as Se'udah Shelishit, the third meal which is eaten on the Sabbath between the Minḥah, Afternoon Service (see footnote 40) and the Ma'ariv, Evening Service (see footnote 144). (ר״ן פרק כל כתבי),⁸³Rabbenu Nissim on the chapter Kol Khit-vey, כתבי ר״ן פרק כל, which is a commentary on the talmudic tractate Shabbat.
For Rabbenu Nissim, ר״ן; see footnote 47. and it is already explained in section 334⁸⁴See in the Shulḥan Arukh, Oraḥ Ḥayyim, chapter 334 which contains twenty-seven paragraphs on the laws that apply when a fire breaks out on the Sabbath. These same laws apply regarding a fire, according to Isserles to Yom Kippur. (as to) how to act at this time when a fire (occurs) on the Sabbath and the same law (applies) for Yom Kippur. It is customary that the children play with nuts (אגודה ומהרי״ל).⁸⁵Agudah and Maharil, אגודה ומהרי״ל.
The Agudah, אגודה, is a collection of halakhic decisions derived from talmudic discussions and arranged in the order of the talmudic tractates. It was written by Alexander Suslin ha-Kohen of Frankfort who died in 1349. The Agudah was published in Cracow in 1571 and it also included novellae of his own as well as those of his predecessors, and a commentary and collection of halakhot to the minor tractates and to the Mishnayot of the orders Zera'in and Tohorot. The language of the Agudah is very concise and it is evident that it was written quickly under the threat of the persecutions of the time since Suslin died a martyr's death in Erfurt. Suslin was the last of the early German halakhic authorities. This German talmudic scholar was born Erfurt where he taught, as well as in Worms, Cologne, and Frankfort.
The Agudah, Suslin's most famous work, gives halakhic rulings in concise form and it ignores differences of opinion. He used as sources Mordecai b. Hillel and Asher b. Jehiel. It is often necessary to consult the work of these two scholars to understand fully the Agudah. Jacob Weil (see footnote 27) wrote a digest to the work called Ḥiddushei Agudah which was published in Venice in 1523 and accompanies the Agudah. Later halakhic authorities such as Jacob ha-Levi Moellin (see footnote 8) and Moses Isserles considered his decisions authoritative and they quoted from him. Isserles mentioned the Agudah often in his glosses to the Shulḥan Arukh.
Editorial Staff, E. J., v. 2, p. 585.
Maharil, מהרי״ל; see footnote 8. One should not object to them (the children) even before the Afternoon Prayer⁸⁶Minḥah, מנחה; see footnote 40., and the custom is widespread with respect to the mentioned law of breaking nuts, (ד״ע).⁸⁷Da'at Aẓmo, ד״ע, Isserles' own opinion; see footnote 38.

"for I caused Israel to dwell in Sukkot" (Leviticus 23:43) --these were clouds of glory according to Rabbi Eliezer, Rabbi Akiva says 'these were actual sukkot.' (Sukkah 11b). According to the position of Rabbi Eliezer, it is obvious that we would want to remember such a tremendous feat as being surrounded by the clouds of glory...for inside the clouds of glory God was revealed to all the people, as it says, "You, O LORD, appear in plain sight when Your cloud rests over them and when You go before them in a pillar of cloud by day and in a pillar of fire by night."(Numbers 14:14) However, for Rabbi Akiva whose understands these to be physical sukkot, what is so great about these that the Torah instructs us to build them "in order that future generations may know that I made the Israelite people live in booths"? (Leviticus 23:43)