Lekutei Sichat Sheet - Parasha Ki Teitzei 5780 by Josh_Welby

‫פ' כי תצא‬

BEN CHAMESH L’MIKRA

‫בס"ד‬

- ‫ הענינים מלקו"ש השבועי ועוד‬-

‫נשמת אפרים‬

‫לע"נ ר' אפרים ב"ר אברהם ע"ה האפמאן‬ ▪ Resource to encourage the study of the Rebbe’s sichos ▪ Designed for use in the classroom or at the Shabbos Table

Understanding the Parsha according to the Rebbe ‫ממ"ש‬ QUESTION: What is the Chassidic understanding of the first verse in this Parsha regarding the purpose of the soul’s descent into this world? ANSWER: The purpose of the soul is not to destroy the body, but to subdue and rectify it to service of G-d. Thus, according to Chassidus, one would “translate” as follows: ”Go out to war” Soul has to battle, not to destroy but to refine “Your enemies” one’s body and animal soul “G-d will deliver them into your hands” assist you to prevail (when one makes the effort to battle) “Capture one’s captives” the sparks inherent in physical matter will be transformed by the soul’s efforts )384 '‫ עמ‬,‫(לקוטי שיחות כרך ב‬

QUESTION: Within the allusion that the HaShem and the Jewish people are married, how can one speak of separation from HaShem? ANSWER: A Get (divorce document) is principally a matter of separation )‫(כריתות‬, but also contains the concept of unity )‫(ספר‬, revealing the essence of the prior connection that exists. Thus, the appearance of separation between HaShem and the Jewish people provides an opportunity for a greater connection that can result from the subsequent Teshuvah of the Jews. )143 '‫ עמ‬,‫(לקוטי שיחות כרך ט‬ QUESTION: How do we reconcile the mitzvah to wipe out the memory of Amalek, yet we must also remember what Amalek did to us in the desert? ANSWER: The two directives do not contradict each other. We do have a mitzvah to wipe out all items in the world which carry forth the name of Amalek (people, animals, etc.). However, one must remember the deeds of Amalek so we can use that knowledge to grow in our service to HaShem. In terms of our avodah, the concept of Amalek is “coldness”. Thus, we need to remove all the places that this “coldness” can take hold. Using Kabolas Ol, we use this experience to grow. )86 '‫ עמ‬,‫(לקוטי שיחות כרך יד‬ QUESTION: Why is there a difference between issur of Shatnez (which is permitted in the Mikdash and in Tzitzis) and the other prohibited mixtures (which are never permitted)? ANSWER: Forbidden to mix together different groups of animals or growth of the ground since such a mixture attempts to cross the boundaries established by G-d. Whereas, the mixture of wool and linen (Shatnez) does not change the essence of each item, which remains as is. )122 '‫ עמ‬,‫(לקוטי שיחות כרך כט‬ QUESTION: What are the three explanations of how one makes Shatnez and how to understand each concept? ANSWER: )123 '‫ עמ‬,‫(לקוטי שיחות כרך לד‬

Rashi Rabeinu Tam Rambam

Need all 3 activities of combing, spinning and weaving Issur only if woven together as one (regardless if combed or spun) Any one of 3 actions Combed or spun or woven Even if not combined into one entity

One category of joining 2 entities to become a new single entity (totally mixed) Similar to the vineyard Each item not mixed in its essence External combination – similar to plowing Intermediate comparison: similar to mixing species; requires joining but not to the extent of becoming one entity

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‫בס"ד‬

‫פ' כי תצא‬

OVERVIEW

‫לקוטי שיחות‬

- ‫ הענינים מלקו"ש השבועי‬‫אפרים לע"נ ר' אפרים ב"ר אברהם ע"ה האפמאן‬

‫נשמת‬

▪ Resource to encourage the study of the Rebbe’s sichos

CONTENT HIGHLIGHT Going out to war to subdue your body and animal soul Guardrail necessary for spiritual service One must warm up to Torah and Mitzvos to overcome the coldness of Amalek in one’s life Mitzvos do not require intent; transgressions require intent The power of an “easy” Mitzvah “Divorce” can reveal the connection that existed It is possible to be victorious without war Remember in order to forget Benefits of Mitzvos in the world applies to mitzvos between one person to another A guardrail especially needed in beginning a new lifestyle Kiddushin requires first an exchange of kesef Remembrance of Shabbos and of Amelek share concepts The Ramak’s passing due to the tree of knowledge, not due to the snake The Bais HaMikdash requires a guardrail, even though a synagogue does not Different understanding of the Mitzvah of not plowing two animals together A quarrel can not lead to peace Shatnez permitted in the Bais HaMikdash, but not other mixtures Why making a vow is as if building a private altar? Reward for our service is at completion of entire project No mixture of soul powers Employee’s right to eat while at work G-d is not separated from the Jewish people Kiddushin changed after the Giving of the Torah

‫פסוק‬ ‫כי תצא למלחמה‬ ‫ועשית מעקה‬ ‫זכור‬ ‫לא תחסום‬ ‫*למען ייטב לך‬ ‫ספר כריתות‬ ‫*כי תצא למלחמה‬ ‫*תמחה את זכר עמלק‬ ‫למען ייטב לך‬ ‫כי תבנה בית חדש‬ ‫כי יקח‬ ‫זכור‬ ‫ותלית אותו על עץ‬ ‫ועשית מעקה לגגך‬ ‫לא תחרוש‬ ‫*כי יהי' ריב‬ ‫גדילים תעשה‬ ‫וכי תחדל‬ ‫ביומו תתן שכרו‬ ‫לא תלבש שעטנז‬ ‫ואכלת ענבים‬ ‫כי יקח איש אשה‬ ‫כי יקח איש אשה‬

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‫* רש"י שיחה‬

‫חלק‬ ‫ב‬ ‫ד‬ ‫טא‬ ‫טב‬ ‫ידא‬ ‫ידב‬ ‫יטא‬ ‫יטב‬ ‫יטג‬ ‫יטד‬ ‫כדא‬ ‫כד ב‬ ‫כד ג‬ ‫כדד‬ ‫כטא‬ ‫כטב‬ ‫כטג‬ ‫לדא‬ ‫לדב‬ ‫לדג‬ ‫לט‬

‫בס"ד‬

‫ פ' כי תצא‬ABSTRACT ‫לקוטי שיחות‬ - ‫ תוכן הענינים מלקו"ש השבועי‬-

‫נשמת אפרים‬

‫לע"נ ר' אפרים ב"ר אברהם ע"ה האפמאן‬ ▪ Resource to encourage the study of the Rebbe’s sichos ▪

‫הוראה‬

‫ענין‬

)‫” (א‬Go out to war” not to destroy but to refine “Your enemies” – one’s body and animal soul “G-d will deliver them into your hands” assist you to prevail “Capture one’s captives” the sparks inherent in physical matter )‫ (ב‬If a "guardrail" is necessary even when a person embarks on a higher level of spiritual service, how much more so when this "new" manner of service involves a descent within the physical world; it is obvious that the trials and tribulations the person is about to face during such a descent are so much greater, and thus, additional measures of spiritual protection are a must )‫ (ה‬A precept exists to remember each day the spiritual actions of Amalek, that which cools you to the way of Torah and Mitzvos; one must warm up and wage battle Performing a mitzvah can be accomplished even without intent, while transgression must be accompanied by intent; when performing a mitzvah, even without intent, one dedicates to G-d one’s soul, body, and those objects with which one performs the Mitzvah; so that every fiber of one’s being and of one’s portion of the physical world becomes elevated, attached and united with G-d The mitzvah of “Sending the Mother Bird Away” Teshuvah in Elul can be an is an easy mitzvah since it involves no loss of easy matter which leads to money, is effortless, and always comes at a great rewards convenient time; yet it leads to great rewards When a Jew does Teshuvah A Get involves separation, yet at the same time one reveals the great many particulars involve matters of unity to the connection that exists extent that the altar cries (revealing the essence between G-d and the Jew of connection that actually existed) The G-dly soul wages war with The verse speaks of an optional war, and not the animal soul in time of another war of Eretz Yisrael, which does not prayer; another way of involve taking captives (but yet is not an overcoming is the way of obligatory war) peace, by striving in Torah Sense of coldness (Amalek) Command to wipe out the memory of Amalek can effect our midos (‫)חיות‬, includes their animals, which retain a name from but Kabalas Ol (‫ )דומם‬dos not the former ownership; but does not include other allow a place for it property, which doesn’t retain the name The benefits of a Mitzvah in this world (and the principal for the next) are for the category of Mitzvos between one person and another (i.e. ‫(כיבוד אב‬ Mitzvos between G-d and man only have benefits in the next world (i.e. ‫(שילוח הקן‬ (Shechita isn’t cruel; we are elevating the animal to a higher level) When making a new home Beginning a new home and a new lifestyle, with a (marriage) one must take on greater degree of immersion in physicality, one more “guardrails” in one’s must build a “guard-rail”; so as not to take a service to G-d spiritual fall in thought, speech, or deed

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‫פסוק‬ ‫חלק‬ ‫כי תצא‬ ‫למלחמה‬ ‫ טו‬,‫יח‬

‫ב‬

‫ועשית מעקה‬ ‫ ח‬,‫כב‬

‫זכור‬ ‫ יט‬,‫כה‬

‫לא תחסום‬

‫ד‬

‫ ד‬,‫כה‬

‫*למען ייטב‬ ‫ ז‬,‫לך כב‬ ‫ספר כריתות‬ ‫ א‬,‫כד‬

‫*כי תצא‬ ‫למלחמה‬

‫טא‬

‫ב‬

‫ט‬

‫יד‬

‫א‬

‫ טו‬,‫יח‬

‫*תמחה את‬ ‫זכר עמלק‬

‫ב‬

‫יד‬

‫ יט‬,‫כה‬

‫למען ייטב לך‬ ‫ ז‬,‫כב‬

‫יט‬

‫א‬

‫סיום מס' חולין‬

‫כי תבנה בית‬ ‫ ח‬,‫חדש כב‬ ‫* רש"י שיחה‬

‫ב‬

‫יט‬

‫בס"ד‬

‫ פ' כי תצא‬ABSTRACT ‫לקוטי שיחות‬ - ‫ תוכן הענינים מלקו"ש השבועי‬-

‫נשמת אפרים‬

‫לע"נ ר' אפרים ב"ר אברהם ע"ה האפמאן‬ ▪ Resource to encourage the study of the Rebbe’s sichos ▪

‫הוראה‬

‫ענין‬

‫פסוק‬

Two approaches: “kiddushin” separation from worldly desires, followed by “kesef” love of HaShem; or, love of HaShem “kesef” followed by separation from worldly desires “kiddushin” Even when in a high state of “Remember the Shabbos” and “remember what holiness (Shabbos) one must Amalek did” share the concepts of remembrance be careful of subtle rebellion in speech and of a state of constant remembrance to G-d (Amalek) Amalek has its source in holiness The essence of everyone’s soul Ari z”l praised the Ramak from this verse that his does not sin; learning the passing was only due to the tree of knowledge concealed Torah (Chassidus) which brought death into the world, as opposed reveals the concealed part of to the “four Tzadikim” who passed away due to the soul the snake Before one can attain love of HaShem, one needs to separate from worldly desires

‫כי יקח‬ ‫ א‬,‫כד‬

‫זכור‬ ‫ יט‬,‫כה‬

‫ותלית אותו‬ ‫על עץ‬

‫חלק‬ ‫ג‬

‫יט‬

‫ד‬

‫יט‬

‫כד‬

‫א‬

‫ כב‬,‫כא‬

TWO LEVELS OF TZADIKIM (and of Tzidkus by individuals) THE FOUR TZADIKIM

Death due to Zuhamah from the Snake

RAMAK

Death due to Tree of Knowledge

External ‫חיצוניות הנשמה‬

External connection to evil in the world Sense of Self

Internal ‫פנימיות הנשמה‬

Reveals G-d’s plan for death in the world Sense of G-d

A roof as the highest part of the In the Bais HaMikdash one is obligated to make a structure refers to one’s ego, guard-rail since it is a dwelling place (by eating) which needs a guardrail to But one is not obligated to make a guard-rail in a prevent a spiritual falling synagogue or a Bais Medrash Mitzvah of not plowing together an ox and a Concept of adding kedusha and donkey (Torah refers to common in that time) light is by bringing together Different understanding of this Mitzvah between two opposing forces the Rosh and the Rambam (see chart below) Act of declaring the litigant Rashi sees from the unusual word “quarrel” that “righteous” brings to a the judgment in court will not bring peace negation of one’s between the opposing parties; nevertheless, the “wickedness” court must issue their ruling

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‫גוף‬ ‫נגלה שבתורה‬

‫נשמה‬ ‫תורת חסידות‬

‫ועשית מעקה‬ ‫לגגך‬

‫ב‬

‫כד‬

‫ ח‬,‫כב‬

‫לא תחרוש‬ ‫ י‬,‫כב‬

‫*כי יהי' ריב‬ ‫ א‬,‫כה‬

‫* רש"י שיחה‬

‫ג‬

‫כד‬

‫ד‬

‫כד‬

‫בס"ד‬

‫ פ' כי תצא‬ABSTRACT ‫לקוטי שיחות‬ - ‫ תוכן הענינים מלקו"ש השבועי‬-

‫נשמת אפרים‬

‫לע"נ ר' אפרים ב"ר אברהם ע"ה האפמאן‬ ▪ Resource to encourage the study of the Rebbe’s sichos ▪

‫הוראה‬

‫ענין‬

Mixture of wool and linen (‫ )צומח וחי‬is sometimes permitted, whereas the other forbidden mixtures In kedusha where everything is )‫ (כלאים‬are not; within holiness able to combine batel to HaShem, even two differing energies, as long as they are essentially opposites can be together in not intermingled (Shatnez); but may not the service of HaShem obliterate the distinctions HaShem placed in the creations (mixture of 2 animals or of 2 plants) G-d makes an oath to bring the Just like making a bamah (private altar) one creates geulah (change the world) an object of prohibition that the Torah did not causing the object, i.e. the forbid, so does making a vow transforms an world, to demand that the object to be assur, which G-d has not forbidden Jews go into Eretz Yisrael Just like an employer needs to pay a laborer on that Yet, HaShem is obligated to day, so a Jew upon finishing a mitzvah, "on that give the Jews their daily day" should receive his recompense; however, “expenses” and all their the total work of Mitzvos are not complete until needs the entire world is transformed into a dwelling place fit for G-d (then we shall be rewarded) When pleasure and will (called Is the Kilayim (mixture) of Shatnez (clothes) the clothing of the soul) are similar to kilayim of the vineyard (become one involved in one type of entity) or similar to kilayim of animals (each service, they cannot be retaining its own identity)? involved in another service (see chart below) One can serve G-d in the Employee’s right to eat while at work: manner of “grain” as a chore, Yerushalmi – result of work done – type of bonus but which is greater bitul; or Bavli – toil exerted in the action of the work done in the manner of “grapes” as – right to eat as part of wages a delight a limited revelation Rambam – agent of the work – indirect gift G-d's concealment in exile is to If a person intends to divorce one’s wife, according bring about an even deeper to the Rambam, there are two distinct concerns: level of union and one, regarding a marriage lacking a total commitment between commitment to cleave to one’s spouse; the other, "husband" & "wife," G-d and regarding a prohibition of a person treating the Jewish people another in a poor manner After Matan Torah we have the ability to draw kedusha Rambam implies that first stage of marriage (which is beyond the world) (kiddushin) changed after the Giving of the into the world that it Torah, but the second stage (nesuiim) remained permeates a person (in spite the same of one’s limitations)

For weekly email, send an email to info@parshapages.com

‫פסוק‬

‫חלק‬

‫כטא גדילים תעשה‬ ‫ יא‬,‫כב‬ ‫וכי תחדל‬ ‫ כג‬,‫כג‬

‫ביומו תתן‬ ‫שכרו‬

‫ב‬

‫ג‬

‫כט‬

‫ טו‬,‫כד‬

‫לא תלבש‬ ‫שעטנז‬

‫לד‬

‫א‬

‫ יא‬,‫כב‬

‫ואכלת ענבים‬ ‫ כה‬,‫כג‬

‫כי יקח איש‬ ‫אשה‬

‫ב‬

‫ג‬

‫לד‬

‫ יג‬,‫כב‬

‫כי יקח איש‬ ‫אשה‬ ‫ יג‬,‫כב‬

‫* רש"י שיחה‬

‫לט‬

‫בס"ד‬

‫ פ' כי תצא‬ABSTRACT ‫לקוטי שיחות‬ - ‫ תוכן הענינים מלקו"ש השבועי‬-

‫נשמת אפרים‬

‫לע"נ ר' אפרים ב"ר אברהם ע"ה האפמאן‬ ▪ Resource to encourage the study of the Rebbe’s sichos ▪

‫הוראה‬ Not Plowing Together Any two differing species

Rosh

Only a mixing of a Rambam tahor and a tameh animal

‫ענין‬

‫פסוק‬

Torah Reason Refers to For the What is Commandment Common in that Time Leads to cross breading of species

‫חלק‬

Inner Reason of Separation of this Issur

Mitzvah in Context

Learn to all Action is important, particulars synonymous to of the other laws of general forbidden mixtures

Level of gevurah (ox) from chasadim (donkey)

Outcome is the main Apply only Separate holy point, which is Leads to cruelty to the (ox) from differing from other to animals general kelipa similar forbidden category (donkey) mixtures ‫חלק כד‬

Shatnez – Wool & Linen

Understanding Concept

Need all 3 activities of combing, spinning and weaving

Rashi Rabeinu Tam Rambam

Issur only if woven together as one (regardless if combed or spun) Any one of 3 actions Combed or spun or woven Even if not combined into one entity

‫חלק לד‬

Three Mixtures Shatnez Vineyard Not Plowing (cross-breeding)

Clothes ‫צומח וחי‬ Plants ‫צומח‬ Animals ‫חי‬

When Combined Result Remains distinct items Mitzvah & holiness Min b’aino mino Can lead to peace Mixture of opposites Produces a strange result, outside of the Leads to normal order & disagreement and opposite to G-d’s will arguments ‫חלק כט‬

For weekly email, send an email to info@parshapages.com

‫* רש"י שיחה‬

B”H

Parshat Ki Teitzei

Between Betrothal and Marriage This week’s parsha presents the concept of Jewish marriage. Rambam prefaces his Laws of Marriage with an account of its proceedings before the giving of the Torah. This Sicha analyzes Rambam’s reason for doing so and explains its practical relevance.

Parshat Ki Teitzei discusses the manner in which Jewish marriage takes place. The verse states:

Text 1 When a man takes a wife and has relations with her... Devarim 22:13

This description alludes to the process that effectuates a marriage, as Rambam explains in his preface to the Laws of Marriage:

Text 3 This process of acquisition fulfills [one of] the Torah's positive commandments…This process of acquisition is universally referred to as Eirusin ("Betrothal") or Kiddushin ("Consecration")…Once this process of acquisition has been formalized and a woman has become mekudeshes (betrothed), she is considered to be married even though the marriage bond has not been consummated and she has not entered her husband's home… If her husband desires to divorce her, he must compose a get [a formal bill of divorce]. Rambam, Laws of Marriage 1:2-3

Text 2 Before the Torah was given, when a man would meet a woman in the marketplace and he and she decided to marry, he would bring her home, conduct relations in private and thus make her his wife. Once the Torah was given, the Jews were commanded that when a man desires to marry a woman, he must acquire her as a wife in the presence of witnesses. [Only] after this, does she become his wife. This is [alluded to in Devarim 22:13]: "When a man takes a wife and has relations with her...." Rambam, Laws of Marriage 1:1

In the following laws Rambam writes:

The manner though in which Rambam orders the laws is curious: Why does Rambam preface the history of the marriage process, as it was before the giving of the Torah—which seems to have no relevance today—rather than immediately writing, “When a man desires to marry a woman, he must acquire her as a wife in the presence of witnesses. [Only] after this, does she become his wife?” Noahide Marriage Simply speaking, the difference between the manner in which a person was wed before the giving of the Torah and afterwards is pertinent in

The Neirot Foundation

Parshat Ki Teitzei

today as well, as it is relevant to the manner in which the marriage of a gentile is consummated. One can postulate that it is for this reason that Rambam prefaces narrative of the marriage process prior to the giving of the Torah, This is expressed in the following ruling:

It can be observed that Rambam indeed followed this model only mentioning the laws that concern Jews and not those that pertain to gentiles. In the beginning of the Laws of Divorce, Rambam writes:

Text 5

Text 4 It is straightforward and elucidated in many places, that for a non-Jew, only through (conducting relations) in privacy does a woman become his wife. Once he has relations with her for the intent of marriage, she becomes a married woman, that oneâ&#x20AC;&#x2122;s non-Jewish acquaintance would be punished (for having relations with).

A woman may be divorced only by receiving a bill [of divorce]. This bill is called a getâ&#x20AC;Ś The Torah's expression (Devarim 24:2), "And he will... send her from his home," does not mean that the divorce does not become effective until she leaves his home. Instead, the divorce becomes effective when the get reaches [a woman's] hand, even though she still is in her husband's home.

Magid Mishna, Rambam, Laws of Marriage 1:1

Rambam, Laws of Divorce 1:1-5

This account therefore is not superfluous, as there are practical ramifications today as it pertains to the marriage process of a Gentile. However, this cannot be a sufficient explanation as to why Rambam would bring this history in the beginning of the marriage laws. The section of the Laws of Marriage discusses only those laws that concern Jews and not those that concern Gentiles. Were Rambam to have been keen on explaining the laws that concern Gentiles, he should have stated this where he discusses the Seven Noahide Laws and not in the general guidelines for marriage. This can be demonstrated from the way in which Rambam formulated his Laws of Divorce.

In this section, Rambam does not record the laws that concern a non-Jew. He instead lists them in the section that the Seven Noahide Laws are discussed:

Text 6 When is a Gentile woman considered divorced? When her husband removes her from his home and sends her on her own or when she leaves his domain and goes her own way. They have no written divorce proceedings. The matter is not dependent on the man's volition alone. Whenever he or she decide to separate they may, and then are no longer considered as married. Rambam, Laws of Kings 9:8

The Neirot Foundation

Parshat Ki Teitzei

It is therefore clear that were Rambam’s intent to explain the relevance to a non-Jew, he would not have brought this historical account in the Laws of Marriage, but in the section that discusses the Seven Noahide Laws.

Text 7

Yet, from the fact that Rambam does indeed bring this account, it must be because it has relevance in understanding the marriage proceeding of a Jew after the giving of the Torah.

Bereishis 2:24

The question therefore is: What significance can there possibly be for a Jew, in knowing the process of marriage as it occurred prior to the giving of the Torah? “Acquiring” a wife One may be able to explain the perplexity of the seemingly superfluous historical account of marriage prior to the giving of the Torah through an understanding of the following concept: Before the giving of the Torah, there was no concept of “acquiring” a woman to be a wife, and marriage consisted only of the notion of a man and woman living together as a couple. The natural concept of marriage is one that precludes the idea of acquisition. The phenomenon of marriage is not one where the husband “acquires” his wife, but one in which the two people join together to create one entity—a married couple. The Torah presents this concept of marriage— that it is a bond between the couple—in the following verse:

Therefore, a man shall leave his father and his mother, and cleave to his wife, and they shall become one flesh.

The above verse expresses, that rather than marriage being an acquisition, it is the idea of man and woman being together to “become one flesh.” Were it not for the Torah’s statement that a person first “must acquire her as a wife… (and only) after this, does she become his wife,” it would be impossible to consider a woman a “married woman” without her being considered so in the traditional terms of a spousal relationship. It is only the commandment of the Torah regarding the marriage process that creates the concept of “acquiring,” as it applies to marriage.1 The commandment of “taking” a wife effects, as Rambam explains, that “even though the marriage bond has not been consummated and she has not (even) entered her husband's home,” she is nevertheless considered to be a married woman who requires a bill of divorce. The practical relevance of this idea, that “acquiring” is not a valid method of marriage without the Torah’s commandment in our times is found regarding a non-Jew. Were a non-Jew to “acquire” a woman as a wife through one of the prescribed methods with which a Jew accomplishes this act, nothing would be accomplished, and the woman would be considered unmarried. This is expressed in Rambam’s words:

Obviously it is clear that this does not mean that a woman is the property of her husband, but rather

pertains to the conceptual acquisition of the spousal relationship. (Editor)

The Neirot Foundation

Parshat Ki Teitzei

Text 8 A Gentile is not executed for adultery with his colleague's wife unless they engage in relations in the normal manner, after she had engaged in relations with her husband at least once. However, if she was merely consecrated or had undergone a wedding ceremony, but had never engaged in relations with her husband, one is not liable for engaging in relations with her. Rambam, Laws of Kings 9:7

Without physical relations, the marriage ceremony for a non-Jew is meaningless, and does not halachikly effectuate a marriage. According to the above explanation, one can postulate that the reason Rambam introduces the Laws of Marriage with the process prior to the giving of the Torah, is to stress the novelty of the concept of marriage after the giving of the Torah, as it applies to a Jew. By understanding that the natural course of marriage is that the couple live together, and that the only way to create the marriage relationship before the giving of the Torah was through the act of living together, the accomplishment of the Torah concept of Kiddushin (Betrothal) is more clearly understood. Rambam therefore explained the history of marriage to impart to us the uniqueness of Torah’s law. This justification, however, is not adequate, as there is no halachic relevance in this explanation to the concept of Jewish marriage. Rambam’s Mishnah Torah is not a history book, nor a book meant to help one appreciate the mitzvot of the Torah. It is a book of laws. If Rambam explained the history of the law, there must be a practical halachic ramification.

This reservation is strengthened by the fact that Rambam does not preface the Laws of Divorce with the manner in which it was conducted prior to the giving of the Torah. This is so, even considering the fact that the differences between a Jew and a non-Jew in regard to divorce, are each dependent on their respective laws and definitions of marriage. Through appreciating the concept of divorce before the giving of the Torah, it would also be more clearly appreciated the concept of divorce that Torah introduces. In the same way that marriage by a non-Jew is created simply through living as a married couple, so too, the mere act of leaving the marriage and ceasing to live as a married couple is what brings about the divorce. However, concerning a Jewish person who became married through an act of “acquisition,” he must as well nullify this “acquisition” through a divorce contract. Therefore, in the same way that Rambam prefaces the manner in which marriage was conducted prior to the giving of the Torah in order to stress the novelty of Torah, so too, were Rambam’s intent to give a mere appreciation of the laws, Rambam should have explained the manner in which divorce took place before the giving of the Torah—thereby expressing the novelty of Torah law in this area. Yet, from the very fact that Rambam does not bring the historical proceedings of divorce as well, it is understood that Rambam is not intent on explaining the novelty of the Torah’s prescription of marriage, but rather has some other purpose in explaining it.

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Betrothal and marriage In order to answer the question above, it is important to point out another difficulty with Rambam’s formulation of the marriage laws. In the process of Jewish marriage there are two steps: (a) Betrothal (Eirusin), an acquisition through either money, a contract, or marital relations, and (b) Actual Marriage (Nissuin), which is brought about through a chuppah. Although through Betrothal (Eirusin) alone the woman is considered to be a “married woman,” nevertheless, there are various facets in which the marriage is only completed through Nissuin. Then the woman is considered married in all respects.2 Consequently, according to the idea that Nissuin is the culmination of Eirusin (Betrothal), the manner in which Rambam transcribes the laws is troublesome. Rambam, in the beginning of his Laws of Marriage, only explains the concept of Betrothal (Eirusin) and does not explain the concept of actual marriage (Nissuin) until Chapter 10. There he writes:

Text 9 Even when [the husband] consecrated [his arusah] by having sexual relations with her, he is forbidden to engage in sexual relations with her again until he brings her to his home, enters into privacy with her, and thus singles her out as his [wife]. [Their entry into] privacy is referred to

Such as different death penalties for adultery (Devarim 22:20-24) and the way that her vows are nullified (Bamidbar 30:7). 3 It is important to note, that at the end of Ch. 2 of Laws of Marriage, Rambam enumerates 20 terms concerning marriage: “Kiddushin, Ervah, Sh'niyah,

as entry into the chuppah, and it is universally referred to as Nissuin. Rambam, Laws of Marriage 10:1

Why did Rambam wait until chapter 10 of his Laws of Marriage to explain the concept of Nissuin, when Nissuin is the completion of the entire marriage process? Betrothal is only a step in the marriage process, whose goal is to ultimately reach the stage of Nissuin. Rambam should have instead explained this stage of the marriage in Chapter 1, together with his explanation of Betrothal (Kiddushin), as it is of utmost importance. Not only is Nissuin an important step in marriage, but the whole Kiddushin (Betrothal) is for the purpose of Nissuin. If so, it is all the more surprising that Rambam only mentions the concept of Nissuin in Chapter 10 of his Laws of Marriageand not at an earlier point.3 Kiddushin and the giving of the Torah Rambam’s view of marriage can be understood as such that the main novelty of the Torah concerning marriage is in regard to the classification of Kiddushin—an innovative concept which was created through the Torah commandment. However, concerning the idea of Nissuin, even after the giving of the Torah, the concept was did not undergo any change. The concept of Nissuin is the reality of actual married life, as Rambam writes, that Betrothal lasts “until he brings her to his home… as his [wife].” Within this idea, there is no dramatic

Issurei Lavin, Issurei Aseh, K'tanah, N'arah, Bogeret, Aylonit, Gedolah, lower sign of maturity, upper sign of maturity, Katan, S'ris Chamah, S'ris Adam, Gadol, Androgynous, Tumtum, Chershim, Pik'chim.” Yet, he does not find it pertinent to mention the term Nissuin.

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shift from before the giving of the Torah to after the Torah was given, and the concept of Nissuin is still the idea of a spousal relationship.

afterwards. It is therefore apropos to explain the concept of marriage as it was prior to the giving of the Torah, as there is relevance now as well.

This explains why Rambam begins with stating the historical background of marriage, that “Once the Torah was given, the Jews were commanded that when a man desires to marry a woman, he must acquire her as a wife ... [Only] after this, does she become his wife,” and goes on to explain the process of Kiddushin, though not the concept of “marriage,” Nissuin.

However, the concept of divorce and leaving the marriage as it was before the giving of the Torah is completely obsolete today (for a Jew), and therefore there is no purpose of explaining it. Therefore, although Rambam found it necessary to explain the idea of marriage as it was before the giving of the Torah, he found it superfluous to explain the concept of divorce, as it was before the giving of the Torah.

The reason for this is because concerning the idea of “becoming his wife,” this phenomenon remained as it was before the Torah was given. The only thing that Torah changed was the idea that “he must acquire her as a wife.” It is for this purpose too, that Rambam prefaces an account of the marriage proceedings prior to the giving of the Torah. This is not only a preface to understand the Torah’s innovative concept of Kiddushin, but it also serves as an explanation for the concept of marriage (Nissuin) as it now exists after the giving of the Torah. Accordingly it is understood, that not only does Rambam not leave out the concept of Nissuin, but on the contrary, this is the first thing that he explains in his Laws of Marriage. Only after he explains the main part of marriage—Nissuin— does he begin explaining the concept of Kiddushin. Rambam’s explanation of marriage before the giving of the Torah is not historical in nature but should rather be viewed as an elucidation for the concept of Nissuin as it is today. Now as well, can the question that was posed earlier, as to why, concerning marriage, Rambam explains the manner that it was done prior to the giving of the Torah, while concerning divorce he does not, be answered. The concept of marriage itself (Nissuin) remained the same before the giving of the Torah and

Relevance This point that the concept of Nissuin did not change with the giving of the Torah according to Rambam, has practical relevance in Jewish law as well. By Rambam illustrating this idea of marriage, he clarifies his definition of the concept of chuppah, which is the final step in a Jewish marriage. Concerning the definition of the word chuppah, there are various opinions that are expressed in the code of Jewish law:

Text 10 He cannot have relations with her… until he brings her into his house, is secluded with her and separates her for himself, and this seclusion is known as entering into the chuppah…There are those who say that the chuppah is …(that) the groom must bring her into his house for the purposes of marriage… And there are those who say that the chuppah is when they spread a cloth over her head at the time of the blessing, and there are those who say that a virgin's chuppah is when she goes out in a headdress and for a widow when they become secluded. The simple custom nowadays is to call the chuppah a place where they place a cloth on poles and bring the

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groom and bride underneath in public and he engages her there and they say the blessings of engagement and marriage and then they walk them to their house and they eat together in a secluded places, this is how the chuppah is done now. Shulchan Aruch, Even HaEzer 55:1

The concept of chuppah is one that has many interpretations in Jewish thought. Rambam’s classification though, that “he brings her to his home, enters into privacy with her, and thus singles her out as his [wife] … (and their entry into) privacy is referred to as entry into the chuppah,” is very similar to the description of marriage before the giving of the Torah.

home, conduct relations in private and thus make her his wife.” However, concerning marriage after the giving of the Torah, Rambam writes,4 “Once she enters the chuppah, she is called a ‘married woman’ (nesu'ah), although [the couple] has not engaged in sexual relations.” While the above seems to negate the previous conclusion that marriage post the giving of the Torah is the same as marriage after the giving of the Torah, that they are both expressive of an actual spousal relationship, in truth this is not the case for two reasons: A) The act of seclusion that effects a Jewish marriage is similar to the act of marriage, as it needs to be in a way that expresses that he “singles her out as his [wife].” The seclusion needs to be in a way that expresses permanency and not merely that they happen to be secluded. B) The seclusion needs to be in a way that there is a potential for physical relations. As Rambam writes,5 “[The above applies when] it is fitting to engage in relations with the woman. If, however, the woman is in the niddah state [when relations are forbidden], the marriage bond is not completed and she is still considered to be a betrothed woman, (arusah) although she entered the chuppah and remained in privacy [with her husband].”

The reason for this is because according to Rambam, the concept of marriage after the giving of the Torah is the same as the concept of marriage before the giving of the Torah; i.e. the act of married life. Therefore, the manner in which the woman gets married after the giving of the Torah— chuppah—is the same as before the giving of the Torah. Rambam’s stance, that Nissuin remained the same after the giving of the Torah as before the giving of the Torah, the concept of chuppah, which finalizes a Jewish marriage, can only be the act of living together as man as wife—as only then can they truly be considered married.

Before the giving of the Torah, (and after the giving of the Torah for a Noahide) in order to consummate the marriage, he “would bring her

Rambam’s rationale for the two abovementioned points is as was previously explained. According to his view, the concept of marriage is the same as before the giving of the Torah. Therefore, when there is no possibility for the couple to engage in physical relations, the marriage cannot be consummated. When, however, they can engage in physical relations,

There is however, a difference between the process of becoming husband and wife before the giving of the Torah and after the giving of the Torah.

Laws of Marriage 10:2.

Ibid.

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the marriage can be consummated, even if they actually did not engage in them. Zmanim and Nashim Rambam was incredibly precise with the manner in which he wrote his code. It is therefore probable to explain that this exactness is also expressed in the way that he ordered his work. Consequently, it makes sense that there is a connection between the conclusion of one book and the beginning of the book that follows it. The marriage laws are found at the beginning of the book of Nashim (Women) which follows the book of Zmanin (Times). One can therefore logically conclude that there is some connection between the conclusion of one—Zmanim—and the beginning of the second—Nashim. The last law presented in the book of Zmanim is as follows:

Text 11 If [a person has the opportunity to fulfill only one of two mitzvot] - lighting a lamp for one's home [i.e. Shabbos candles] or lighting a Chanukah lamp, or alternatively, lighting a lamp for one's home or reciting kiddush - the lamp for one's home receives priority, since it generates peace within the home. [Peace is of primary importance, as reflected by the mitzvah requiring] G-d's name to be blotted out to create peace between a husband and his wife. Peace is great, for the entire Torah was given to bring about peace within the world, as [Mishlei 3:17] states: "Its ways are pleasant ways and all its paths are peace." Rambam, Megilla V’Chanukah 4:14

of the book of Zmanim concerns familial peace, which is also the subject of the entirety of the book of Nashim, there is a deeper connection as well, that is expressed in the particulars of the above law. The law at the conclusion of Zmanim expresses that not only is peace important, but that peace is effected through Torah—“the entire Torah was given to bring about peace within the world.” This concept that marital peace is specifically brought about through Torah is expressed in the beginning of the book of Nashim as well. The concept of Eirusin, as discussed in the first law, expresses as well the manner in which Torah brings about spousal peace at is specifically the concept of Eirusin that solidifies the marriage. When the whole marriage is as it was before the giving of the Torah, that “a man would meet a woman in the marketplace and he and she decided to marry, he would bring her home, conduct relations in private and thus make her his wife,” the connection between the couple was exceptionally weak. Just as the relationship was easily created, it was also easily undone. As soon as the couple separated, their marriage was automatically dissolved. The novel concept of Eirusin, an “acquisition” in a marriage, was created in order to form a strong relationship that is not easily broken. The marriage cannot be disbanded by the couple merely separating from one another, and can only be terminated through a divorce contract. It is therefore understood, that the concept of Eirusin in marriage is to create a strong bond between the couple; one that cannot easily be

Although there is already an obvious connection between the two sections, being that the ending

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destroyed6 and brings peace and strengthens the relationship. Peace in the world The above concept, that “the entire Torah was given to bring about peace within the world,” as expressed in the end of the book of Zmanim, has a connection as well to the idea that was explained above—that Nissuin remained the same from before the giving of the Torah and that the novelty of the giving of the Torah is found in the concept of Eirusin, as will be explained. Seemingly though, one can ask another question: Rambam’s statement of “the entire Torah was given to bring about peace within the world” is perplexing: How can this be true—that Torah brings peace to the world—when the Torah was specifically given to the Jewish people?

Text 12 The Torah that Moshe commanded us is a legacy for the congregation of Yaakov.

Teaching the world This can possibly be resolved through prefacing what Rambam relates concerning the Seven Noahide Laws:

Text 13 Moshe was commanded by the Almighty to compel all the inhabitants of the world to accept the commandments given to Noach's descendants. Rambam, Laws of Kings 8:10

When a non-Jew fulfills the Seven Noahide Laws as expressed in the Torah, he is creating peace in the world. The Jewish people bring about peace through the 613 mitzvot and the non-Jews through the Seven Noahide laws. It is therefore understood that Torah brings peace to the whole world. This as well explains the redundancy in the following verse concerning the Torah that Rambam quotes:

Devarim 33:4

Text 14 Ostensibly, the Torah only “brings about peace” amongst the Jewish people and not within “the world” at large. What then, is the meaning to the above statement that “Torah brings about peace within the world?”

Its ways are pleasant ways and all its paths are peace. Mishlei 3:17

The difference between a way (derech) and a path (netiv), is that the former is broad and the latter is narrow. The word “way,” connoting

Accordingly it can be explained why Rambam as well discusses the prohibition of a harlot, which was likewise prohibited after the giving of the Torah, soon after this law (Laws of Marriage 1:4). He does so, as is

also explained in the Guide to the Perplexed 3:49, since the reason for the prohibition of harlotry is for the sake of peace, which is a continuation of the above law.

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breadth, is expressive of the bulk of the mitzvot, while “paths,” which are narrow, are expressive of the Seven Noahide laws. Concerning “ways,” the verse states that they are “pleasant,” and concerning “paths,” the verse declares that they bring “peace.” This is due to the inherent difference between the souls of Jews and Gentiles. Concerning the connection that exists between the Jewish people the verse states:

Text 15 And all the men of Israel were gathered concerning the city, as one man in unison. Shoftim 20:11

The Jewish people are one in the very make up of their souls. It is therefore understood, that the effect of Torah in a Jewish person is not to create peace, as the Jewish people are inherently connected. Rather, the intent of Torah is to bring about “pleasantness”—an additional measure of sweetness. However, for a non-Jewish person, who does not have this inherent connection, Torah brings about “peace.” It can therefore be explained that the reason why Rambam writes that “Torah was given to bring about peace within the world,” is because it effects peace within Gentiles as well as Jews. Yet, this explanation is not satisfactory for the following reasoning: Rambam writes, “the entire Torah was given to bring about peace within the world.” He does not state that a part of the Torah brings about peace

but that all of Torah brings peace. According to the above however, the only component of the Torah that accomplishes this is the region that pertains to a Gentile. Consequently it is clear that when Rambam writes that the purpose of Torah is to bring about peace in the world, he is not discussing the Seven Noahide Laws, but is rather discussing the “entire Torah.” Two parts of Torah Within Torah and mitzvot there are generally two types of commandments: There are those religious precepts that pertain only to Jewish people and have no connection to the world, and then there are other commandments which, although their counterpart is found in regular, worldly life, the Torah adds a new dimension to them in a way that “brings peace to the world.” Rambam explains that the objective of Torah is not in those mitzvot which makes a person transcend the world, but specifically in those mitzvot that cause peace within worldliness. This is particularly expressed in the concept of marriage as explained by Rambam. Rambam stresses that before the giving of the Torah there was as well the concept of marriage, and a fashion through which the marital relationship was brought about. The giving of the Torah though, added another dimension of “peace” and “pleasantness” into marriage by prefacing the concept of Eirusin that proceeds Nissuin. A deeper dimension The idea of bride and groom are corollary to G-d and the Jewish people. The connection between G-d and the Jewish people can be likened to the time of Eirusin (Betrothal) and Nissuin (Marriage). In Talmudic parlance, the time of

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nthal is called Kiddushin. The meaning of this term is as the Talmud explains:

Text 16 Now what does the rabbinical term (for Betrothal of Kiddushin) connote? â&#x20AC;&#x201D; That he [the husband] prohibitions her to all [men] as hekdesh (material consecrated for temple use). Talmud, Kiddushin 2b

The idea of Kiddushin, or Betrothal, in spiritual terms is that G-d draws a holiness upon the Jewish people which separates them from corporeality and worldliness. The concept of Nissuin (actual marriage), however, is the opposite. Instead of being removed from the world, Nissuin expresses drawing down G-dliness into the individual as he is confined to a body, and transforming that vessel into a receptacle for G-dliness.

It is for this reason that the concept of Nissuin is not the novelty which came about after of the giving of the Torah. For, even before the giving of the Torah, G-dliness resided in the world, albeit with a limited form of G-dliness that the world was able to tolerate. The main innovation of the giving of the Torah was in the concept of Kiddushin, in which a person was effected by a level of holiness that transcended the world. However, the objective of Kiddushin- Betrothal is for the marriage that follows. So too, the objective of drawing down this degree of holiness that transcended the world was for the purpose that afterwards this holiness should affect the world as well. Ultimately, the objective is not to remain removed from the world, but to draw down this G-dliness into the world. The ultimate fruition of this accomplishment will occur with the coming of Moshiachâ&#x20AC;&#x201D;may it be speedily in our times!

(Based on Likutei Sichos 39, reworked by Rabbi Dovid Markel. To see other projects and to partner in our work, see: www.Neirot.com.)

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