Mitzvah 49: Vandalism

Hi,

By the count of Sefer haChinuch, the Torah's 49th mitzvah instructs us to set up courts to fine people who harm others, or who allow their property to harm others. In addition to paying restitution, the aggressors are sometimes required to pay more than the value of the damage they have caused.

Today, Jewish courts do not have independent authority to levy fines. However, earlier courts authorized their successors - down to our own day - to institute extrajudicial penalties for common cases or cases involving prevention of personal or communal loss. (For further insight and application, see Gittin 88b, Bava Kama 84b; Beit Yosef Even haEzer 11 כתבו , Beit Yosef Choshen Mishpat 1 ומסקינן ,ודוקא .)

Sefer haChinuch notes that our courts are not responsible to mete out Divinely perfect justice. Rather, they are commissioned to create laws of punishment so that civilized society will be able to function and flourish, without fear of aggression.

Have a great day,
Mordechai

The 48th mitzvah: Striking a parent

Hi,

Mitzvah 48 (per the count of Sefer haChinuch) prohibits children from striking their parents. This prohibition may seem redundant, given the standing biblical prohibition against striking any person, but striking a parent is even worse: (1) It is an expression of ingratitude for their ultimate gift of life, and (2) It is an assault on G-d, because of the partnership our parents established with G-d in creating us.

One might ask that this prohibition is still redundant, given that we are already commanded to honour our parents. However, the Minchat Chinuch notes that adding this prohibition has three direct impacts: (1) The penalty for violation becomes more harsh, (2) The path of repentance for a prohibition is more difficult, and (3) Like for any prohibition, one is required to spend all of his funds to avoid violation.

Have a great day,

Mordechai

Mitzvot of Marriage

Hi,

The Torah's 46th mitzvah, as numbered by Sefer haChinuch, obligates a Jewish husband to fulfill his wife's needs in three areas: (1) Food, (2) Clothing and (3) Marital relations. According to Rambam and Sefer Mitzvot Gadol, building on Ketuvot 47b, all of these are biblical requirements; Ramban (Shemot 21:9) ruled that only the last item is a biblical obligation, and the others are rabbinic institutions.

The extent of each of these three responsibilities depends upon the couple's pre-marriage standards of living. For example: Should a woman from a poor economic background wed a man from a wealthier home, the husband would be obligated to provide according to his own standard of living. On the other hand, a man from a weaker economic background who married a woman who came from greater wealth would be obligated to provide according to her higher standard of living. For more on this see Rambam, Mishneh Torah, Hilchot Ishut Perek 12-14.

המצפה לישועה,

Mordechai

Ascending the ramp in haste

Hi,

In what Sefer haChinuch lists as the Torah's 41st mitzvah, HaShem instructed the Jews to build a ramp, rather than steps, leading on to the mizbeiach [altar in the Temple]. As the Torah explains, the purpose is, "so as not to reveal your ervah upon it." Certain parts of a person are classified as "ervah" and are to be covered; taking broad steps on the altar, wearing a tunic, would cause those parts to be more exposed than usual.

According to Sefer haChinuch, there is an added dimension involved in this mitzvah. Taking broad steps displays arrogance and/or frivolity, and we try to conduct ourselves with gravity in the Beit haMikdash. Using a ramp forces a person to take smaller steps and therefore walk with a more disciplined gait.

Regardless of whether the issue is ervah or arrogance, this mitzvah is about the gait rather than the ramp; one who takes broad steps in ascending the ramp is in violation of the law.

Have a great day,
Mordechai

No iron on the altar

Hi,

The Torah disqualifies stones that have been cut with iron from use for the mizbeiach [altar for offerings to Gd]; according to Sefer haChinuch, this is the fortieth mitzvah in the Torah. There is some debate as to whether we may use stones that were cut before their dedication, but certainly we may not use iron tools to shape the stones once they have been dedicated. (See Tosafot Succah 49a and Minchat Chinuch 40:2.)

Sefer haChinuch explains that iron symbolizes the spilling of blood, as well as general destruction; it is inappropriate to build an altar, the locus of atonement and the site at which blessings and peace are generated, with a destructive tool.

It is noteworthy that we do use iron for other mitzvot. For example, the Rambam ruled that the ideal material for a circumcision knife is iron (Mishneh Torah, Hilchot Milah 2:1; see Perishah to Tur Yoreh Deah 264:7 and Chatam Sofer to Shabbat 134b for fascinating related comments).

Have a great day,
Mordechai

The prohibition against sexual immorality

Hi,

Mitzvah 35, according to the count of the Sefer haChinuch, prohibits a Jew from engaging in intercourse with the spouse of another. The Sefer haChinuch explains that these types of activity are inherently harmful, both to the species and to the individual:

Species - HaShem created each species and instructed it to reproduce "according to its type," for the benefit of the species, and monogamy is considered inherently beneficial for the development of our species.

Individual - Disruption of loyal relationships leads to confusion, jealousy, hatred and violence. A strong marriage, on the other hand, builds safety, stability, trust and love.

Technically, the biblical command of Lo tinaf applies only to relationships sanctioned by the Torah, and therefore is limited to Jewish marriages. However, a separate biblical instruction of v'davak b'ishto “He shall cling to his wife,” applies to Jew and non-Jew alike and prohibits violation of any monogamous, intercourse-based relationship. (Sanhedrin 58a, Tosafot Kiddushin 21b אשת )

Have a great day,
Mordechai

Why is gossip prohibited?

Hi,

"Among the roots of this command [against gossip] is that Gd desires the good of His creations, and He instructed us in this so that there should be peace among us, as gossip is cause for quarreling and strife."

משרשי המצוה, כי ד' חפץ בטובת הבריות אשר ברא, וצונו בזה כדי להיות שלום בינינו, כי הרכילות סיבה לריב ומצה. 

(Sefer haChinuch, Mitzvah 236)

Have a great day,

Mordechai

The prohibition against murder

Hi,

Mitzvah 34 prohibits killing an innocent person. The Sefer haChinuch ties this law back to Gd’s initial instruction to His creations, "Produce fruit and multiply." Gd told the world that He is interested in seeing it filled with life, and we are instructed not to act against His desire.

One might be surprised that the same Torah could prohibit taking a life and yet provide for capital punishment , but the Sefer haChinuch’s linkage to "Produce fruit and multiply" provides a justification: Certain criminal actions work against Gd’s stated desire to see the world filled with life, and so Gd declares that for those cases, execution actually supports Gd’s overall mission.

Hiring a murderer, causing a death indirectly and committing suicide are all included within this prohibition, although the penalties vary. (Mishneh Torah, Hilchot Rotzeiach 2:2)

Have a great day,
Mordechai

How to respond, or not respond, to verbal abuse

Hi,

"Should an abuser compel one to respond, it would be appropriate for a wise person to respond pleasantly, without great rage, for rage rests in the bosom of fools (Kohelet 7:9). One should apologize to those who hear his insults, placing the burden upon the abuser; this is the way of good people… 

"However, the piety of some people is so great that they do not wish to put themselves in this halachic category [permitting] responding to their abusers, lest their anger build and spread inappropriately. Regarding them the sages have said (Shabbat 88b), 'Those who are shamed and do not shame, who hear their insults and do not respond – upon them Shoftim 5:31 says, 'Those who love Him are like the Sun's ermergence, in its strength.''"

(Sefer haChinuch 338)

Have a great day,
Mordechai

Responding to verbal abuse

Hi,

"This law [prohibiting verbal abuse] does not mean that if one Jew were to initiate and wickedly pain another verbally, that the recipient could not respond; it is impossible to be like a stone which cannot be overturned. Further, one's silence would be taken as admission to the insults! 

"In truth, the Torah will not command someone to be a silent stone before those who insult him, as he is before those who bless him. The Torah only instructs us to distance ourselves from this trait, and not to start quarrels and insult other people. Through this a person will be saved from such matters, for one who is not aggressive will not be insulted by others, other than total fools – and one should ignore fools."

(Sefer haChinuch 338)

Have a great day,
Mordechai

The penalty for verbal abuse

Hi,

"One who violates this prohibition [against verbal abuse] is not lashed, for there is no physical deed, but the Master who commanded us in this mitzvah can give many lashes even without a leather whip."

עבר על לאו זה, אבל אין לוקין עליו לפי שאין בו מעשה. וכמה מלקיות מבלי רצועה של עגל ביד האדון המצוה על זה, יתברך ויתעלה. 

(Sefer haChinuch, Mitzvah 338)

Have a great day,
Mordechai

Justice: It's Common Sense

Hi,

"It is common sense that without justice human beings will not live together and will never endure together; the land cannot survive without justice."

דבר מושכל הוא, שאם אין משפט לא יתיישבו בני אדם ולא יעמדו יחדיו לעולם, ואי אפשר לארץ בלתי המשפט. 

(Sefer haChinuch 49)

Have a great day,
Mordechai

Refraining from melachah on Shabbat

Hi,

The word melachah, as used in the context of Shabbat, refers to the tasks performed in the mishkan (Shabbat 49b; Bava Kama 2a). All of these tasks, and tasks which have similar purposes or methods, are prohibited on Shabbat, as an outgrowth of the Torah's instruction, “You shall perform no melachah.”

The sages have identified many benefits of refraining from performing melachah on Shabbat:

One reason, as brought by the Sefer haChinuch, is that we are meant to spend Shabbat thinking about Gd's creation of the universe.

On another level, Shabbat commemorates our freedom from slavery in Egypt. A slave cannot rest; we are given a day of rest to show that Gd made us into free people.

In yet another approach, Rav Shimshon Raphael Hirsch suggests that on Shabbat we cease creating in order to recognize that we are not unlimited masters of this world, to manipulate it as we choose.

Have a great day,
Mordechai

Producing the forms of idols

Hi,

The Torah's 27th mitzvah (in the Sefer haChinuch's count) prohibits a Jew from manufacturing or owning idols, and the Torah's 39th mitzvah forbids the creation of three-dimensional forms of human beings, whether for worship or for general enjoyment.

Animal forms may be sculpted, so long as they are only intended for enjoyment rather than worship.

In addition, our sages have understood the biblical text to prohibit creating forms of celestial bodies and angels, as well as human beings. The prohibition even includes creating forms mimicking the different parts of the Beit haMikdash.

There is some dispute regarding producing an idol which will not be worshipped. Rambam ruled that forming an idol is prohibited regardless of the idol's purpose; Ramban ruled that forming an idol is prohibited only if the intent is for worship. If an item has been worshipped by non-Jews in the past, but its own followers have rejected it, then that item does not retain the status of an idol.

Have a great day,
Mordechai

The mitzvah of belief in Gd

Hi,

 According to the Sefer haChinuch, mitzvah #25 is the start of the Aseret haDibrot, “I am Gd, your Lord, who brought you out from the land of Egypt, from the house of slaves.”

The Sefer haChinuch follows the view of Rambam (Sefer haMitzvot, Aseh 1) that this mitzvah includes belief in a single Gd who created all that exists, by whose Will all exists, and who is eternal. The mitzvah is also to believe that this same Gd brought us out of Egypt and gave us the Torah. This is the foundation of Jewish belief and practice; the fact that there is an omnipotent Gd, and that He is involved with our world, is what establishes the validity of the rest of Torah.

In contrast, Baal Halachot Gedolot and Ramban, apparently based on a midrash (Mechilta d'R' Yishmael, Yitro: BaChodesh 6), argue that this Divine declaration sets the stage for all other mitzvot, but is not a mitzvah unto itself.

Have a great day,
Mordechai

Influencing our thoughts via our actions

Hi,

"After deeds are hearts drawn."

אחרי הפעולות נמשכים הלבבות.

(Sefer haChinuch, Mitzvah 16)

Have a great day,
Mordechai

The essence of a person's existence

Hi,

"The essence of a person's existence in this world is to develop wisdom, that he might recognize his Creator."

(Sefer haChinuch, Mitzvah 257)

Have a great day,

Mordechai

Mitzvah 24: Techum Shabbat

Hi,

The Torah's twenty-fourth mitzvah (per the count in the Sefer haChinuch) instructs us to stay within a certain boundary (Techum) on Shabbat; we don’t travel more than 2000 amot – approximately one kilometer – from the edge of town. We measure from the last house in town, beyond which there are no houses. If two towns are contiguous, they are considered as one town for this law.

The Talmud (Eruvin 35b) debates whether techum is actually a biblical law or a rabbinic law. See also Tosafot Sotah 30b, and Ramban Shabbat 2a and Shabbat 87b, among many other sources. In addition, there is debate regarding the actual distance included within the techum; see Yerushalmi Eruvin 5:4, among other sources.

The Sefer haChinuch explains that this mitzvah is part of the Torah’s legislation preventing non-Shabbat-oriented activities, enabling us to focus on Shabbat as testimony to Divine Creation.

Have a great day,
Mordechai

Give to others in order to become generous

Hi,

"Gd desired that His nation should be crowned in every good and precious trait, with a spirit of blessing and generosity. As I have already written, the soul is inspired by our activities, and so it will become good, and Gd's blessing will come to it.

"There is no doubt that when a person leaves some of his produce in his field, rendering it ownerless for all to benefit, you will see in his spirit satisfaction, a proper and blessed spirit, and a sense that Gd has sated him with His plenty, and His spirit will rest in goodness. One who gathers everything into his house, and who will not leave behind any blessing for the needy who saw the field with its standing grain and who longed to fill their desire with it, for they hunger, demonstrates a wicked heart and bad spirit."

(R' Aharon haLevi, Sefer haChinuch 216)

Have a great day,
Mordechai

The mitzvah of bringing our firstborn animal as a korban

Hi,

The Torah's eighteenth mitzvah [per the count of the Sefer haChinuch] instructs us to bring our first-born (bechor) sheep, oxen and goats to a kohen. When we have a Beit haMikdash, the kohen brings part of each animal as a korban, and eats the rest.

By performing this mitzvah, in which we take the first fruit of our efforts and dedicate it to HaShem, we demonstrate that we recognize that everything we possess ultimately comes from HaShem. Further, we commemorate HaShem's destruction of the Egyptian first-born and redemption of the Jews from Egypt.

This mitzvah applies even when there is no Beit haMikdash, biblically within Israel and rabbinically outside of Israel. Therefore, Jewish ranchers tend to form partnerships with non-Jews; a first-born animal owned in partnership with a non-Jew is not subject to the laws of the firstborn animal.

Have a great day,
Mordechai