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/Wikisource Shulchan Aruch - English.txt
Shulchan Arukh, Yoreh De'ah | |
שולחן ערוך, יורה דעה | |
Wikisource Shulchan Aruch - English | |
http://en.wikisource.org/wiki/Translation:Shulchan_Aruch/Yoreh_Deah/186 | |
Shulchan Arukh, Yoreh De'ah | |
Siman 1 | |
Siman 2 | |
Siman 3 | |
Siman 4 | |
Siman 5 | |
Siman 6 | |
Siman 7 | |
Siman 8 | |
Siman 9 | |
Siman 10 | |
Siman 11 | |
Siman 12 | |
Siman 13 | |
Siman 14 | |
Siman 15 | |
Siman 16 | |
Siman 17 | |
Siman 18 | |
Siman 19 | |
Siman 20 | |
Siman 21 | |
Siman 22 | |
Siman 23 | |
Siman 24 | |
Siman 25 | |
Siman 26 | |
Siman 27 | |
Siman 28 | |
Siman 29 | |
Siman 30 | |
Siman 31 | |
Siman 32 | |
Siman 33 | |
Siman 34 | |
Siman 35 | |
Siman 36 | |
Siman 37 | |
Siman 38 | |
Siman 39 | |
Siman 40 | |
Siman 41 | |
Siman 42 | |
Siman 43 | |
Siman 44 | |
Siman 45 | |
Siman 46 | |
Siman 47 | |
Siman 48 | |
Siman 49 | |
Siman 50 | |
Siman 51 | |
Siman 52 | |
Siman 53 | |
Siman 54 | |
Siman 55 | |
Siman 56 | |
Siman 57 | |
Siman 58 | |
Siman 59 | |
Siman 60 | |
Siman 61 | |
Siman 62 | |
Siman 63 | |
Siman 64 | |
Siman 65 | |
Siman 66 | |
Siman 67 | |
Siman 68 | |
Siman 69 | |
Siman 70 | |
Siman 71 | |
Siman 72 | |
Siman 73 | |
Siman 74 | |
Siman 75 | |
Siman 76 | |
Siman 77 | |
Siman 78 | |
Siman 79 | |
Siman 80 | |
Siman 81 | |
Siman 82 | |
Siman 83 | |
Siman 84 | |
Siman 85 | |
Siman 86 | |
Siman 87 | |
Siman 88 | |
Siman 89 | |
Siman 90 | |
Siman 91 | |
Siman 92 | |
Siman 93 | |
Siman 94 | |
Siman 95 | |
Siman 96 | |
Siman 97 | |
Siman 98 | |
Siman 99 | |
Siman 100 | |
Siman 101 | |
Siman 102 | |
Siman 103 | |
Siman 104 | |
Siman 105 | |
Siman 106 | |
Siman 107 | |
Siman 108 | |
Siman 109 | |
Siman 110 | |
Siman 111 | |
Siman 112 | |
The sages forbade eating the bread of idol worshippers because of the concern of intermarriage. Rema: and even in a situation where there is no concern of intermarriage, it is [nonetheless] forbidden. (Rashb"a §248) However, they only forbade bread made from the Five Grains (wheat, barley, oats, rye, spelt), but bread made from legumes or from rice or millet is not in the category of "regular bread" which they forbade. Rema: It is also not forbidden on account of [being] "Idolaters' Cooking," if it would not be served at kings' tables (Tur and Beit Yosef in the name of the Rosh's responsa). | |
There are places that are lenient about this, [where] they buy bread from an idolater's bakery in a situation where there is no Jewish bakery, since this is considered a "time of pressing need." Rem"a: And some say that even in a place where "Jews' bread" can be found, it is permitted (Beit Yosef following the Mordechai; Sefer Mitzvot Hakatan; Hagaot Ashri; Mahar"i; Issur VeHeter §44). But regarding personal bread, no-one rules leniently, since the essence of the decree is because of the concern of intermarriage, and if one eats the bread of [idolatrous] home-owners, he will come to dine by them. Rem"a: However, it is not called "personal bread" unless he made it for the people of his own household, but if he made it to sell, it is called commercial bread, even if he doesn't normally [sell bread]; conversely, a baker who made [bread] for himself, it is considered "personal [bread]." | |
Siman 113 | |
A food that is not eaten when it is raw and is served at a kings table, to spread on bread or as a dessert, which was cooked by a non-Jew, even in the pots of Jews and in the house of a Jew, it is forbidden because it was cooked by a non-Jew | |
If one mixed a food that is eaten even raw with a thing that is not eaten when raw and a non-Jew cooked them – if the essence is of the food is subject to the prohibition of non-Jewish cooking, it is forbidden. If not, it is permitted. Rema: And it is permitted to eat roasted peas of a non-Jew, and also the roasted legumes (which are called “arbiss”), for they are not served at the kings table And thus they treat them leniently if it is not in a place where they grease the metal frying pan with forbidden fats, then the custom is that they are prohibited. But otherwise it is permitted, and one need not worry about the vessels of non-Jews because most vessels have not been used in the last 24 hours. And any fruit that is eaten raw, even if a non-Jew cooked it, and it was mashed up and made into a cooked dish in their hands, it is permitted. Therefore, we eat the fruit mash made by non-Jews. | |
Pot pies that are baked by a non-Jew are forbidden, even for those who are accustomed to be lenient on non-Jewish bread, because the fats and oils are forbidden when readily apparent as they are subject to the prohibition of non-Jewish cooking, and they are absorbed within the bread. And so vegetables that are eaten raw but cooked with meat are forbidden because the fat of the meat has been absorbed within them. | |
There are those that permit cooking by our non-Jewish maids, and those that forbid, and even after the fact. Rema: And after the fact, you should rely on those that permit. And even initially, we are accustomed to be lenient with a Jewish house that has non-Jewish maidservants and menservants that cook in the Jewish house because, inevitably, one of the household members will be doing some stirring. | |
Non-Jews that cook, and do not intend to cook, this is permitted. How? A non-Jew that lights a fire in a swamp in order to chase away the locusts, and some of those locusts become cooked, these are permitted, even in a place where they are served on a kings table. And thus if he singed the head of an animal, it is permitted to eat the tips of the ears that became roasted at the time of the singeing. But if the non-Jew intended to cook, for example that he lit the oven to cook in it, and there was some meat in there already which became roasted, even though he did not intend to cook the meat, as he did not know it was there, it is forbidden. | |
Anything which a Jew cooks to some small degree, whether at the beginning or the end of the cooking, is permitted. Therefore, if the non-Jew placed meat or a dish on the fire, and the Jew flipped the meat and stirred the dish, or he stirred it, and the non-Jew finished cooking, this is permitted. (And even if the dish couldn't be cooked without the non-Jew). | |
The use of a Jewish-lit oven is sufficient to qualify bread as "bishul Israel". However, in other types of cooking, the lighting of the fire nor the lit of the oven hold any significance. It is only the actual act of placing the food in the oven that qualifies it as "bishul Israel". Therefore, if one wants to cook in a pan in an oven of non-Jews, it is necessary that the Jew puts the pan in himself, to a place in the oven that is appropriate to cook in. Rema: And there are those that disagree and believe that lighting a fire or stoking the coals in any way with regards to cooking, as with bread, is sufficient, and that is our custom. And even stoking the fire without any particular intentions works. And there are those that say that even if the Jew did not stoke the fire, and did not throw in any wood chips, only that the non-Jew lit the oven from a fire that was lit by a Jew, that is permitted. | |
If a Jew puts the dish on the fire, and takes it off, and a non-Jew comes and puts the dish back on, this is forbidden. Unless the food had become at least one third cooked when it was removed from the fire. | |
If the non Jew cooks the food at least a third of the way, and then a Jew comes and finishes the cooking, there is a side to forbid it unless it is the Sabbath eve or the eve of a holiday or a great loss will occur. Rema: And there are those that permit it in any case, and such is our custom. | |
If a Jew places items on coals which are unable to cook them to a third, and a non-Jew comes and blows on the coals and they cook, the food is forbidden. | |
If a Jew places a dish on the fire, and has the non-Jew watch the dish, and he blows on it, but he doesn't know if the non-Jew removed the food before it was cooked to a third, it is permitted. Rema: And thus is the case in every instance of doubt regarding a non-Jew cooking and similar examples, that it is mutar. | |
Small fish that are salted by a Jew or non-Jew, salting is considered a small aspect of cooking. And if the non-Jew roasted them after, they are permitted. But large salted fish are not edible except in pressing circumstances. Therefore, if a non-Jew roasted them, they are forbidden, and there are those that permit this. Rema: And thus anything that is edible when raw only in pressing circumstances, and a non-Jew cooked them, the rule is like large fish. And meat that is salted is not edible at all when it is raw, and it is forbidden if it is cooked by a non-Jew. | |
Fish salted by a non-Jew and fruits that are smoked until they are fit to eat, these are permitted, because salting is not considered like boiling for the purposes of this injunction, and smoking is not like cooking. Rema: Also soaking is not like cooking, because the only prohibition is on cooking by fire. | |
Egg, even though it may be swallowed raw, if it is cooked by a non-Jew, is forbidden. | |
Dates that are a little bitter which are unable to be eaten except in pressing circumstances, if they are cooked by a non-Jew, they are forbidden. | |
Vessels in which a non-Jew has cooked in front of us things which are subject to the prohibition of non-Jewish cooking need to be made kosher. And there are those that say that this is not necessary. And even for those that require the dishes to be made kosher, if it is a clay vessel, it should be placed into boiling water three times, and that is sufficient, because there is nothing that is forbidden here according to the Torah. Rema: A non-Jew that cooks for someone who is sick on the sabbath, it [the food] is permitted after the sabbath, even for those who are healthy, and there is no concern here of the prohibition of non-Jewish cooking, because in any case, it is recognizable what this is. | |
Siman 114 | |
Any alcoholic beverage of Gentiles, whether it be of dates or figs or of barley or of grain, or of honey, are forbidden because of intermarriage. And it is not forbidden except in the place of its sale, but if he brings the alcoholic beverage to his home, and drinks them there, it is allowed, since the essence of the decree is that perhaps he will dine with the Gentile. And the sages only forbid it when he has a set place for drinking as people are wont to do, but if he enters the house of a gentile and drinks there in a temporary manner, it is allowed. And so too one who stays overnight in the house of a gentile, it is thought of as his house, and one is allowed to send into the city to buy alcoholic beverages from the idol worshipers. Rama: And there are those who permit the alcoholic beverages of honey and grains, and it is the custom to be lenient in our countries. | |
A place in which Jews are accustomed to be lenient regarding the wine of non-Jews, even the beer is forbidden. | |
Apple wine, pomegranate wine, and anything like them, are allowed to be drunk in any location, because uncommon items were not included in the decree. | |
All such drinks and so too the vinegar from them are forbidden to be purchased from them if their appearance is more desirable than wine, because we are concerned that perhaps they will mix some wine (until there is greater than 1/60th wine present which will not be nullified). What are we talking about? When one buys in a shop; but if he sees the shopkeeper bring it from the barrel, it is permitted, and we are not concerned that perhaps wine was mixed in, because if wine would be mixed inside the barrel, it would ruin the product. Rema: And even though that it is normal is to rub the inside of vats with lard, there is no concern as this gives off a ruined flavor, which is also nullified in 60, and also there is no concern that they would put wine in the drink. And see chapter 134 in a place that they are accustomed to put blood or other forbidden things into the salt, or ink, if it is permitted or forbidden. | |
Pomegranate wine that is purchased for its healing properties, is permitted to be bought from the merchant, even if it is not from the barrel, even though that it has a superior appearance to that of wine, because since that people are careful about medicine, they will not want to risk their own careers over this. (and so too all things that are bought from craftsmen that they do not want to tarnish their careers) | |
One needs to be careful and to check alcohols and drinks made from honey that the non-Jew has just made them, if he placed in them wine yeast. Rema: And if it is normal to put yeast in, then it is forbidden to buy from them if the drink does not have at least 60 times the amount of yeast. And that is only if it does not contribute to the taste, for if it is for the taste it would not be nullified, even with 1000 times the amount of yeast. | |
Oil and honey of non-Jews are permitted, and they are not forbidden on account of the prohibition of non-Jewish cooking, and not because the non-Jews have altered it, and it is the same rule for their hot water. | |
Caper buds, Leeks and Locusts that they cook, soaked they are permitted, and one that sees them remove it from storage, but they are buying them in the store, are forbidden as perhaps they have adulterated them with wine. And so olives that are soaked in brine are permitted, even if they are very soft as they are disgusting in their natural state, and we do not suspect that perhaps they have adulterated them with wine, and this is only if they do not cut them with their knives. Rema: Because after they have been soaked they are spicy and shall absorb flavors from the knife. But if they are soaked in non-Jewish containers, they are permitted because after they put water in them to nullify the spice. And so too with anything similar, and see above in chapter 96. | |
Grapes of non-Jews, even if they are very wet and have cracked, they are permitted. And so all soaked things that it is not their way to put wine or vinegar in them. And so too with kosher fish. And so too fish brine that has fish in it. And so too asafoetida is permitted. | |
It is forbidden to buy asafoetida from non-Jews if it is cut with their knives which have come into contact with non-kosher food, and so too with mixtures of fish, because small unkosher fish gets into the mixers and it is impossible to separate them, and they sometimes place wine to soak in the mixture. And this is forbidden to eat, but to benefit from it is permitted. And if it is known that they put wine in all of these, then they are forbidden even to benefit from. Rema: And you can sell them all, except if it has non-Jewish wine in it. And if it is known that a non-Jew will later be in a city where they do not mix wine, even though that other non-Jews are accustomed to do so, this is permitted to buy from them, as long as you don't know for certainty that they have mixed wine in, because we rely on this lenience that perhaps they have not mixed anything in. And so too for anything like this that is forbidden rabbinically. And if it is known with certainty that some non Jews mix wine in, and some do not mix wine in, then we go according to the majority, as it is unusually for a person to deviate from the norm. But it is forbidden to buy from them when they are at home, because one half is just like the other half in this regard. | |
Fish oil, in a place where it is common to add wine, is forbidden. And if wine is worth more than the fish, it is permitted. and in a place that it is not common to mix the two, it is permitted to purchase it, and to do this often, and to send to others by a non-Jew. | |
The Rashba was very careful regarding Saffron, because in every land there are counterfeiters who adulterate it with much wine and also mix in bits of dried meat. | |
Siman 115 | |
Milk that was milked by non-Jews and no Jew saw them do so, it is forbidden as perhaps non-kosher milk was mixed in. If it was milked in his house and a Jew was sitting outside, if it is known that there is no non-kosher animal in his herd, it is permitted, even if no Jew is able to see him at the time that he milks the animal. If he has a non-kosher animal in his heard, and the Jew sits outside, and the non-Jew is milking only for the sake of the Jew, even if the Jew is unable to see him when he is sitting, if he is able to see him when he stands, this is permitted, because the non-Jew fears that perhaps he will stand and be seen, and he knows that non-kosher milk is forbidden to the Jew. Rema: Initially, it is necessary for the Jew to be there are the beginning of the milking and check to make sure that the bucket is empty and does not contain non-kosher milk. And it is our custom to be stringent and not milk with vessels which are usually used for milking by non-Jews, lest some of their [non-Kosher] milk remain in the vessel. In any case, after the fact there is no need to be concerned for this. And regarding maidservants that milk domestic animals in the Jew's house or in his [animal] pen, any instance in which it is not a house of a non-Jew, that is enough and there is no need to be concerned about a non-kosher matter, and it is permitted even initially to leave them to milk even there is not a Jew around, because the non-Jewish milker is in his house or neighborhood, they are not suspected of milking non-kosher animals. But if a non-Jew takes a break, the Jew needs to be there, because it is like the case of the non-Jew's house. And even a Jewish child will suffice, because the non-Jew appears before him. In any case, if a Jew is not present until after he has finished milking, this milk is considered the milk of non-Jews that is forbidden, even thought no non-kosher animal exists in his herd. Milk of a non-Jew makes vessels non-kosher when they are cooked in them, just as any prohibited food, even though this is only an uncertainty whether he has mixed in something non-kosher. And so too with non-Jewish cheese, but not non-Jewish butter, even in a place where it is considered prohibited it does not prohibit vessels when cooked, and it is not a problem if it becomes mixed; if it is mixed in that which is permitted, everything is permitted, like above regarding the bread of non-Jews. See above in chapter 112. Milk of non-Jews that is forbidden, it will not work to make it into cheese or butter afterwards, rather it remains forbidden, and everything that is made from it is forbidden. | |
Cheese made by non Jews was forbidden because that they are produced with the dried stomach of an animal that was not correctly slaughtered. And even when the cheese is produced using vegetarian rennet it is forbidden. Rema: And thus is the custom, and it must not be changed, unless you are in a place that has permitted this since earlier times. And if a Jew oversees the production of the cheese and the milking, it is permitted. And thus is the custom that spread in all of our countries. And if a Jew oversaw the making of the cheese, but not the milking, it is permitted after the fact, because there is no concern that perhaps something non-kosher was mixed in after the cheese was made from the milk, because non-kosher milk will not allow the cheese to form, and of course the non-Jew did not mix anything in once he knew it was for making cheese. And in any case, it is forbidden to eat such milk. | |
Butter of non-Jews, one do not protest about it if the local people permit it, and if the majority of a place treat it as forbidden, this cannot be changed. And in a place that has no particular custom, if the butter is cooked until the milk solids come out, this is permitted. Rema: Also it is permitted to cook it in this fashion initially in order to get the milk solids. And if a non-Jew cooked it, it is permitted, because most vessels have not been used in the past 24 hours. And if one goes from a place where this is not eaten, to a place where they do eat it, he should eat it with them, but it is forbidden to bring it with him and eat it in a place where they are accustomed to forbidding it. If the butter is not recognizable as being from such a place, it is permitted. And one who goes from a place where this is forbidden, to a place where it is permitted, it is forbidden to eat it there. And there are those that say that the law is the same if he brought it from a permissive place to a prohibitive place, that this is also forbidden, even if it is recognizable, and such is the custom. | |
Siman 116 | |
Siman 117 | |
Anything that is specifically for eating and Biblically prohibited, even though it is not forbidden to derive benefit from it, is forbidden to do business in it. Rema: Or to lend with it as collateral. And even to purchase it to feed it to one’s idol worshipping workers is forbidden. Except for Biblically prohibited fats because the Torah says in regard to it: “it may be used for all kind of work” (Lev. 7:24). And if impure wild animals or birds or fish happened into the trap of a trapper, Rema: Additionally one into whose house happened a nevelah or treifah, he is permitted to sell them, assuming that he did not intend for them to come into his possession in the first place. Rema: And he needs to sell them immediately and not to wait until they become fat in his possession. And it is also permitted to collect impure things from an idol worshipper for a debt because this is like rescuing [what is yours] from their possession. It is forbidden to sell an idol worshipper nevelah claiming that it is kosher. And anything that is only prohibited rabbinically, it is permitted to use it for commerce. | |
Siman 118 | |
Wine or meat or a piece of fish that does not have on it a sign, which one deposits or sends with a non-Jew, it needs two seals. But cooked wine and beer or wine that has other things mixed in it such as honey, and so too vinegar, milk, brine, bread, and cheese and anything that is prohibited by the words of the scribes [i.e. rabbinically] that one deposits in the hand of a non-Jew, is permitted by a single seal. And there are those that say that even things which require two seals only require them when they are sent along with a non-Jew that is not able to see the second seal, but it is enough that he can see one, and he will be afraid to do anything to the product. And even the one who sends the package, if he informs his friend of the form of the seal, and also tells the non-Jew that he has informed his friend, then one seal is enough. Rema: There are those who say that we require two stamps only for a Jew who is suspected of wrongdoing, but for a non-Jew, everything is permitted, even by one seal, and after the fact one may rely upon this. | |
When the seals are appropriate, two seals on a thing that requires two, and one seal on that which requires one, you do not have to double check them. But if one double checks the seal and does not recognize it, it is forbidden even if two seals were made. Rema: And in any case, this is specifically if it is a thing which there is a concern that the product was switched, and it would benefit the courier to have switched it, or it is wine and there is a concerned that it has been touched. But if he saw the item that was sent, or he deposited it, and it is as good as when it was sent, and it would not have benefited the courier to have switched, we are not concerned, even if the seal was damaged. And see the end of chapter 134 regarding our countries.... | |
One letter is considered to be one seal, two letters would be like two seals. And if they are printed, even though there are many letters, they are only considered to be a single seal, since that they are set with a single action. And there are those that say that in a place where many apostates are found or non-Jews who know how to write, then one should not write a sign except to someone who recognizes his handwriting. | |
A cap and a seal constitute two seals. But on things where one seal is sufficient, if you only have a cap, this is not considered a seal. Rema: If something is sent within a sack, and the sack is sealed, this is only considered a single seal, unless the package is sown closed inside. And if you sealed the item, and also sealed the sack, this is considered two seals. | |
If you send a thigh by a non-Jew without a seal, if it was sealed in a way that made it clear that a Jew has removed the sciatic nerve, this is kosher. And so all seals that are recognizable that a Jew has removed forbidden nerves, or anything like it. Rema: And so to with other pieces of meat that are with them, if there is a concern that perhaps they could be switched, they are forbidden. And this is specifically with regards to meat or other things which the Torah forbids, but if something that is only rabbincially forbidden was sent, like cheese which we suspect might be switched by the non-Jew, if it is recognizable in some small way that it was not switched, everything is permitted, if the package contains something better than that which was sent, then of course if it was switched he would have had to have bought the better product. | |
If you send an animal or a bird with a non-Jew, but they lack a seal, they are forbidden, because indications of ritual slaughter is not considered a sufficient mark that we can rely on. | |
If a package was sent with a non-Jew, and it was sent through a public place, this is permitted, because he will be concerned that perhaps someone will see him in public and report him for being a thief. And in any case, initially you should not send anything by a non-Jew without a seal. | |
One who buys meat and sends it by someone who does not know the laws, he is to be trusted regarding it, even though that he is not careful about kosher, and we do not suspect him of switching anything. And even by a Jew's manservant or a maidservant, they are believed in this matter. And there are those that say that if it is a Jew who is suspected of wrongdoing for eating things that people are not lenient regarding, even he is suspected of switching. | |
Meat that is found in the hands of the non-Jew, and it has a seal or has "kosher" written on it, even though that the non-Jew doesn't understand what is written there, it is kosher, because it makes it known that a Jew originally made this. And this is where non-Jews do not know how to write. Rema: And so it is permitted to buy cheese sealed as the Jews seal them. And specifically in a place where there is no concern that perhaps some sort of stamp is in the hands of the non-Jew that he could have stamped his own cheese. And there are those that forbid all of this, since that it is not known who wrote the letter or made the stamp, and after the fact we are not stringent about this. | |
One who leaves a non-Jew alone in his house, and inside there are things that could be switched, and they would be then forbidden by the Torah, if he goes out and [re-]enters or even if he waited a long time and did not inform him that he intends to wait, it is permitted, and we do not worry that perhaps he switched it, even if he will benefit from switching the product, and this is provided that he does not lock his house up. Because he is afraid the entire time, saying, “Now he will return and he will see me.” But if he informed that he intended to wait, it is forbidden. But if he will not benefit from the switch, it is permitted in any case, for we are not concerned that perhapse he will switch them and cause the owner to stumble, since he gains no benefit from this matter. | |
A Jew and a non-Jew that share together two pots, one by the other, this one for kosher meat, this one for non-kosher meat, this is permitted, and we are not concerned that perhaps when the Jew returns, the non-Jew will have switched kosher and non-kosher , even if the Jew's meat is better, and even if he vocalizes that it is better, it is permitted, and we are not concerned that perhaps they will splash and spill into one another. And this same rule is true for two things that are roasted next to each other. But initially, we should be careful even with two pots. | |
One should be stringent not to leave a pot with a maidservant when no Jew is in the house. Rema: And you should not even leave and reenter. And if damage occurred that something forbidden was placed in the pot, you should not eat from the pot, so this should not become a regular occurrence. | |
A Jew that made cheeses in a non-Jew's house, and sealed it with a seal that is made by a wooden stamp, and he forgets the stamp in the house of the non-Jew, there is no concern that perhaps the seal was counterfeited by the non-Jew, and he stamped other things with the stamp. And so there is no concern that perhaps the non-Jew smeared the cheeses with lard. Rema: And there are those that say that we should not permit it if he forgot the stamp in the house of the non-Jew, unless he left it on the cheese that he himself made, but if he left it like so, and there is a concern that perhaps the non-Jew cut the cheese smaller, and then switched it with another large piece of cheese or something better, it is forbidden. And in a situation of loss, we should be lenient in any case. | |
Siman 119 | |
A Jew who is suspected of eating forbidden things, whether he is suspected of something forbidden by the Torah or something forbidden by the rabbis, one may not rely on his word. And if one is a house-guest with him, he may not eat from his foods for which he is suspected. Rema: And there are those who say that even for someone who is not suspected, but rather that we merely do not know him to be established regarding keeping kosher, it is forbidden to buy from him wine or other things for which there is a concern about prohibited items. In any case, if one is a house-guest with him, he may eat with him. | |
If one is not suspected to eat forbidden things, but is his suspected to sell them, one whom is a house-guest by him may eat with him. And thus if he sends food to your house, it is permitted, because it is persumed that he would not eat something strange to him, and someone who succumbs to temptation is not considered suspect. | |
One may give his food to the one who is suspected of eating non-kosher items in order that he should fix or cook them, and there is no concern that he will switch them, since he is not suspected of outright robbery. And if it is given to someone who is zealous about his actions, and he is suspected of eating non-kosher, it is forbidden, as perhaps he will damage what he was given and then switch it out with his own food. How? If one gives something to his father in law who is suspected regarding forbidden things, it is forbidden, because of the shame of marriage, and he wants to make his daughter look good, and therefore he will switch out something bad with something good. And thus if one gives something to an innkeeper who is suspect, sometimes he is embarrassed of his guest and will switch something bad for something good. (And in any case, it is permitted to deposit items with him and they should be in the same state as when they were deposited). | |
One who is suspected for one thing is not suspected for other things, but he is suspected for anything that is required to perform that thing. For example, one who was suspected of selling prohibited animal fat instead of permitted fat, and he would get youths to come buy from him by providing nuts, they fine him so that he could not sell even nuts. | |
One who is suspect for a serious forbidden act is suspect for an act with a lighter punishment, unless people are more cautious about that act than the serious act. | |
One suspected about two things, and he ceases to do them, but then afterwards is found to still be doing one of them, even if it is the more lenient of the two, we are concerned that perhaps he has returned to performing the other act as well, and is suspected regarding both of them, | |
One who publicly transgressed the Torah, except for idol worship and Sabbath desecration, or who does not believe the words of our rabbis, is believed with regards to other prohibitions. And regarding others he is believed, even on that same issue, to say that they are permitted. Rema: One who is suspected regarding a thing that is not common for people to transgress is not considered suspect, and in any case, for that same matter he is not believed. One who is accustomed to a particular forbidden act as he considers the law to be so, or with regards to a stringency that he holds himself to, it is permitted to eat with others that believe this to be permitted, as certainly they would not eat something that is considered forbidden. | |
One suspected about an act is not believed regarding it, even if he takes an oath. | |
A convert that becomes an apostate out of fear, and so too a Jew that sins out of fear that he will be killed, is still considered a Jew, and his ritual slaughter is still permitted, and he does not cause wine to be forbidden with his touch. | |
One who reports others to the government, his ritual slaughter is kosher and he is believed regarding other prohibitions. | |
An apostate who believes in idol worship in one city, on account of the non-Jews there, and in another city of Jews claims he is a Jew, he does not make wine forbidden. | |
One whom is forced to convert that remains in our lands, if he keeps kosher, whether with them or on his own, and is not able to flee so that he should be able to serve G-d, we can rely on his ritual slaughter and he does not forbid wine with his touch. | |
One who sells his friend forbidden food, and knew before he ate it, his friend should return the food to where he bought it from and the shopkeeper should return his money. And if he only knew when he ate it, what he ate he ate, and he should return the remainder for a refund. And if the seller bought it to sell to non-Jews, he should pay him the value of non-kosher food. And if it was something that is not forbidden to be eaten except according to the rabbis, or if it was forbidden fruit, he should return the fruit for a refund, and if he ate it, what he ate he ate, and the shopkeeper should not return his money at all. And all are forbidden to benefit from, even something prohibited by the rabbis, the value should be returned and they should not be sold at all. | |
One who sells meat, and afterwards it is know that the animals were not checked properly, their rule is like that of something forbidden by the rabbis. Rema: And if he sold animals that had a presumption of being kosher, but something happened that he was unable to check it, even so it should be considered as something that is certainly not kosher and needs to be returned for a refund. | |
One who sells forbidden foods, he should remove and destroy them, and there is no reparation that can be done unless he moves to a new place where they do not recognize him and return lost items or slaughter for himself and cease producing forbidden foods, so that his repentance will be without tricks, since he would not himself transgress. | |
A cook whose actions attest that he wants to cause the public to stumble by eating non-kosher food, for example a slaughterer that cuts off the lesions from a lung to make it appear kosher, should be removed, and in any case he is excused from paying back those who bought from him. | |
A cook that cooks non-kosher food is unable to apologize saying, "I made a mistake." | |
A cook that makes non-kosher food by his own hand, but is not an expert, he has the chance to learn from his mistakes. Rema: And so it is necessary to go to a place where he will not be recognized and to repent, this is because he intentionally transgressed or strengthened this act, but if he is able to swear by an oath that it was done accidentally, it is enough that his friends can trust his word, and he shall repent as the judge sees fit. And see above in chapter 64. | |
One who says to another that is suspected of eating non-Jewish cheese: "Buy some kosher cheese for me from the cheesemaker," and he goes and brings him cheese and says to him: "This is kosher, I bought it from the cheesemaker," he is not believed. If he said, "I bought it from so-and-so the cheesemaker," he is believed. If he brings a gift from the cheesemaker, he is believed, because he is not suspected of switching products. About what are we speaking? When there is no suspicion of outright robber, but if he is suspected of this, then he is suspected of switching products. And all this is not regarding someone who is suspected of breaking Torah laws. | |
One who is suspected of eating that which not many are so lenient as to eat normally, even he is suspected of switching products. And there are those that say that we do not trust him regarding something forbidden by the Torah except with two seals. | |
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A city in which they (idol worshipers) are making a fair on the day of their festival, and the idol worshipers are gathering from a number of places and are traveling there for the honor of idol worship, it is permitted to travel on its outskirts and it is forbidden to enter it. If (the fair) is on its outskirts, it is permitted to enter it. One who is traveling from one place to another place, it is forbidden to pass through it if the path is specific to (that city) (That is, that one does not pass [through that path] from that city to another city.) | |
When is this said? By a lodger. But a resident of a city is permitted. And if he is traveling by caravan it is permitted. (Ram"a: A courtyard of idol worship, some say its law is like a city of idol worship. (Tur quoting the Rashb"a) And at a time that the idol worshipers to not gather there for their "prayers", it is permitted to enter there. (Tur quoting R' Yonah and the Ros"h) And some say that under any circumstances it is forbidden if there is no way to pass through it to another place. But if the path passes to another place all agree that it is permitted. And so the custom is widespread to go through that courtyard to another place. (Rashb"a) Nevertheless, the pious act is to distance oneself form going through it if there is another path of similar shortness. (D"A and so is implied in the Sefer Chasidim) And see above, Chapter 142. | |
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One [i.e., a Jew] should not follow the customs of non-Jews (nor should one try to resemble them). One should not wear clothing that is particular to them [i.e., their culture]; one should not grow forelocks on one’s head like the forelocks on their heads; one should not shave the sides [of one’s head] and grow one’s hair in the middle of one’s head [like they do]; one should not shave the hair in front of one’s face from ear to ear and let one’s hair grow [in the back] [like they do]; one should not build places [i.e., buildings]—like the non-Jews’ temples—so that large groups of people will enter them, like [non-Jews] do. RAMA: Rather, one [i.e., a Jew] should be distinct from them [i.e., non-Jews] in one’s manner of dress and in all of one’s actions. But all of this [i.e., these restrictions] apply only to things that non-Jews do for the sake of licentiousness. For example, they are accustomed to wearing red clothing, which is official/princely clothing, and other clothing that is similarly immodest. [These restrictions also apply] to things that they are accustomed to doing because of a custom or rule that does not have a[ny underlying] reason, out of concern that [a Jew who does such things will follow the] “ways of the Amorites,” and that it has the blemish of [i.e., is tainted by] idol worship inherited from their ancestors. But things that they are accustomed to doing for a useful purpose—such as their custom for expert doctors to wear particular clothing so that the doctors will be recognized as specialists—one is permitted to wear [such clothing]. Similarly, things that are done out of respect or another reason, it is permitted [for one to do such things]. And therefore they said one may burn [the items of deceased] kings, and there is not in this “the ways of the Amorites.” | |
One [i.e., a Jew] who is close [i.e., works closely] with the [non-Jewish] authorities and is required to dress in their clothing and to be similar [in appearance] to them, is permitted in all respects [to do so]. | |
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A woman that has a regular period cycle, does not need check herself at all. Not before intercourse and not have intercourse. And on the contrary, she should not check in front of her husband at the time of intercourse, so that his heart will not push him away (i.e. eliminate his desire). And the Rambam, Z"L, requires her to check after intercourse, she with one inspection-cloth and he with one inspection-cloth, and to look in them perhaps, she saw blood at the time of intercourse, and according to him, the modest women check themselves also before intercourse. (And the first view is core, and such is the practice.) | |
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<b>The reward and mitzva of mezuzah</b><br>It is a positive commandment to write the Shema, the Veyhaya Im-Shamoa, and to fix them on the side of one’s door, and one needs to be very careful in this, and all who are careful in this, their days will be lengthened, and the days of their children. And if one is not careful in this, his days will be shortened. Rama: And in any case, if it's "out of his reach" [i.e. he lacks the funds] to acquire [both] Tefillin and a Mezuzah, let him acquire Tefillin and not Mezuzah (<i>Yerushalmi Megillah,</i> end; O"C 38:12), as a mitzvah that is a bodily obligation is greater. | |
Its placement is in the outer tefah. Rama: There are those who say that when a person leaves his house, he puts his hand on the Mezuzah there and says “God will guard my going, etc.” And so too when one enters a house, one puts his hand on the Mezuzah. | |
Siman 286 | |
<b>Places that require a mezuzah.</b><br>These are the places that require a Mezuzah, all the same:<br>• Whether the gates of the houses, or the gates of the courtyards, states and cities, [all are the same].<br>• The cowshed of cattle, and the pen, and the storehouses of wine and oil.<br>• A woman's house [or room] and the house of the Jewish housemates.<br>They are all obligated. (Rema: Specifically when the housemates are Jewish. But the house of a Jew and an idolator, is exempt from a Mezuzah (Mordekhai on Avodat Kokhavim ch. 1 end). Also the courtyards of cities where some idol worshippers live are exempt from Mezuzot (Chidushei Agudah on Yoma, ch. 1). | |
A house/room for straw, wood, livestock — require. But if women bathe there, since they stand there naked, it is not proper regard of Heaven for a mezuza to be there. (Rema: Only these specifically. But an actual [living] room, even if man and woman sleep and have relations there — requires mezuzah (in Responsa Maharil and the same wrote the BY) And some are lenient and say wherever women lie is exempt from mezuzah (BY in the name of Semak, the Kol Bo, and Mordekhai Hilkhot Mezuza end.) It seems to me wherever the door is from the [room's] inside and when people sleep there they close the door, and a doorpost is found outside it — it requires by all opinions. (ד"ע in Darkhei Moshe. And thus it seems in Teshuvat Maharil #98). | |
A synagogue, if there is an apartment for anyone, requires a Mezuzah. Rama: And if there is an apartment in the courtyard that is in front of the synagogue, the courtyard needs a Mezuzah but the synagogue is exempt. (BY in the name of Rabbeinu Yerucham) | |
A bathroom and a bathing house and a tannery and a Mikvah, they are exempt, since they are not made to be honorable dwelling places. (BY in the name of Rabbeinu Yerucham) | |
Where there's filth e.g. if there are babies there, it's better to cover the mezuzah. In a clean place it's better to have it visible. | |
<i>An akhsadra</i> (< Gr. exedra) (porch), which is a space with three walls and a roof, even though it has two uprights on the fourth side <i>petzimin</i>, the <i>akhsadra</i> is exempt, because the petzimin are made to support the roof and not for the sake of <i>mezuzoth</i>/doorposts. (Quoting Rambam: Sefer Torah 6:3) But if it has a wall on the fourth side as well, even if it is low or is composed of many windows, then it requires. | |
A balcony that is a path to go up some stairs, and hallway [<i>beith sha`ar</i>], and a garden, is exempt. But if the house opens to one of these, it requires.<br>(And some say a hallway [<i>beith sha`ar</i>] requires one even if the house does not open to it (Tur and the poskim in the name of R"Y). | |
A gatehouse (hallway) that opens to a room and to a yard, needs two mezuzot: one where it open to the room and one where it opens to the yard. | |
A gatehouse (hallway) between a garden and house needs two mezuzot: one where it opens to the room and one where it opens to the garden. | |
A Beit Midrash does not need a Mezuzah, but if there is in it an entrance that you regularly use to go to your house, it needs a Mezuzah. And there are those who say that a Beit Midrash does need a Mezuzah and it is correct to be concerned about their words, but one should not make a blessing on it. | |
A Sukkah during its holiday, a room in a boat, and stores in the marketplace, are exempt. | |
Two potter's huts one inside the other, the inner one requires and the outer one is exempt. [Sukkah 8b] | |
A house/room that hasn't 4 amot by 4 amot, is exempt. But if it's able to cover 4 amot by 4 amot in equivalent area, even though it's longer than wide, or is round or has five corners, it requires. (Rambam ibid. :2) | |
An unroofed room is exempt. If part roofed and part unroofed, if the roofing is by the entrance, it requires mezuzah, provided 4 amot [square] are roofed. | |
A house even if it has no doors requires mezuzah. But some exempt it. | |
If there are many rooms, one in front of another, they all need Mezuzot. | |
If there are many entrances in the house that are open to the yard or to a public domain and each one is used as an entrance and an exit for the people of the house, they all need Mezuzot, even if the number of residents has declined such that its residents normally only exit and enter through one of them. | |
A house that has many doorways, even though he normally only exits and enters through one of them one, he is required to make a Mezuzah on each one.<br>Rema: Since they are made for entry and exit. (Thus seems to say the Tur)<br>A cellar that has an entry from the street, where they bring in wine in large barrels and it has a doorway from the house through which they enter and exit it constantly: If the small doorway [inside] is fit to have a mezuzah, then it requires it and the large doorway [outside] is exempt. But if the small one is not fit to have a mezuzah, then the large one requires it and the small one is exempt (BY in the name of an Ashkenazi responsum, which is found in Responsae Maharil #99). | |
A chute that extends from a house/room to an upper floor, in which people go up on a ladder, and the ladder is surrounded by walls, sometimes below at the base of the ladder or sometimes above at its top, and it has a <i>tzurath hapetach</i>/doorway at [either] end, it requires. And if they made a [tzurah] above and below, both require. | |
An entrance that is behind a door -- if its boards are <i>tefach</i> [past the door], it requires a mezuzah. [Menachot 33b] | |
An entrance that consists partially of a pillar between [two rooms] — as long as the hinge can be recognized from each side of the pillar, behold they're like two doorways, and each doorway needs a mezuzah. But so long as there's no hinge alongside the pillar, the pillar does not divide it [the doorway] into two [doorways], as it's just decorative. | |
One who rents a house/room outside the Land, or one who lodges at an inn in <i>Eretz Yisrael</i>/ the Land of Yisrael, is exempt from Mezuza for thirty days. But one who rents a house/room in Eretz Yisrael requires Mezuza immediately, due to [the mitzwah of] <i>yeshuv (dwelling in) Eretz Yisrael</i>. (And this is the law for someone who borrows a house; the law is like the renter.) (BY in the name of R' Manoah [Manoah B. Jacob?] and so it seems in Shas) | |
One who rents a house from a non-Jew is obligated in the mitzvah of Mezuza [for that house]. | |
Siman 287 | |
<b>What doorway needs a mezuzah?</b><br>A doorway does not require a mezuzah unless it has two doorposts and a lintel. | |
A house which has a doorpost here and a doorpost there, and on top there is a bow-shaped covering in the place of the lintel, if the doorposts are 10 tefachim or more high, then it requires a mezuzah, and if it is not 10 tefachim high, it is exempt [from requiring a mezuzah] since it does not have a lintel. Rema: And all the more so a door that is not 10 tefachim high is exempt from the requirement of mezuzah. The practice which is widespread in these areas is that most of the world relies on a single mezuzah that they place on the door to their houses and this is incorrect, and they have nothing [no legal source] to rely on for this. Therefore, every G-d fearing person should fix his house according to the law [so that there will be mezuzot] on all of the doors that require [mezuzot], as was explained. | |
Siman 288 | |
<b>With what, and how, it is written.</b><br>How is the mezuzah written? He writes two sections on one pane (<i>daf</i>) in a single sheet (<i>yeri`ah</i>): <i>Shema`</i> and <i>Wehayah im-shamo`a</i>. He leaves a space below and above, approx. half a pinkly-fingernail-width (<i>tziporen</i>). When beginning he should measure in order [to leave a top margin] to enable unrolling it after it's rolled. Rem"a: <i>At the bottom he needn't leave any margin.</i> (Tur) | |
It should be written in one [column] (<i>daf</i>) but if he wrote it on two or three [columns] it's kosher. | |
If he wrote out of order, even if he forgot one letter, it's invalid and irreparable; needless to say if he put the wrong paragraph first. | |
If he wrote it on two parchments even if he stitched them it's invalid. | |
A priori the hide needs to be made for-the-mitzvah (<i>lishmah</i>). But where if he'll wait for hide that's made <i>lishmah</i> he will be delayed to do the mitzvah, then he should write it on available hide that is not made <i>lishmah</i> and perform the mitzvah immediately, while requesting hide that's made <i>lishmah</i>. | |
Whether written on <i>qelaf</i> (split leather) or <i>gewil</i> (unsplit leather), it's kosher. They did not restrict using <i>dukhsustus</i> (an inferior half of the split), but instead were saying the optimal mitzvah [is done on the aforementioned]. (Shabbat 79b) <i>(Rem"a: And our qelafim are kosher by all opinions.) (Mordekhai halakhot ketanot)</i> | |
Its rules regarding the ink, writing, crowns of the letters Sh`ATNeZ GaTz, are same as for sefer torah. | |
[The parchment] requires scored lines. If written without scoring, it's invalid. | |
He writes all its lines equal-length; one should not be longer than another. If one line is longer than the previous or the next, or shorter than the previous or next, it's kosher. As long as it's not arched, or like a tail, or round. | |
<i>`Al-ha'aretz</i>/on the Land should be written at the head of the last line, and write nothing more after. | |
The custom is to write it in 22 lines. | |
It needs to be written with the right hand, like tefilin. | |
The space between paragraph <i>Shema`</i> and paragraph <i>Wehayah im-shamo`a</i>, it is a mitzvah to make it a closed space. If he made it an open space, it's kosher, since it's not adjacent in the Torah. | |
It is rolled from end to beginning, from <i>Echad</i> to <i>Shema`</i>. | |
It is forbidden to add anything to it, except on the back side we write <i>ShaDaY</i> opposite the word <i>Wehayah</i> on the front.<br><i>Rem"a:</i> Some say opposite the space between the paragraphs (Tur in the name of RO"Sh, and the Short Mordekhai and Rambam and HGH"M [Hagahot Mordekhai] in the name of SH"T [Sefer haTerumot]). And that is the custom. And we leave a window in the case opposite the name <i>ShDY</i> so that it's visible from outside (there, in Mordekhai and HGMY"Y [Hagahot Maimoniyot]). We also have the custom to write on the outside <i>KUZU BMUKS"Z</i> opposite <i>H' Eloheinu H'</i>, and write these letter upside-down versus the mezuzah writing, so that each letter touches opposite its replacement letter in the Alef-Beth (HGHMY"Y). But inside, add nothing at all besides the two paragraphs. (TUR and RAMBAM). | |
Siman 289 | |
<b>Where to affix it, how to affix, and its benediction.</b><br>One who is coming to affix [a mezuzah] should place it in a reed or other type of tube and he should affix it in its place and say the placing “who sanctified us with His commandments and commanded us to affix a mezuzah” and one should not make a blessing when the mezuzah is being written. Rema: One who is affixing two or three mezuzot should make one blessing for all of them. | |
Where is the proper place for affixing [the mezuzah]? In the empty space of the doorway [on the inside of the doorway] within the tefach that is closest to the outside, Rema: And if he changes [and places it somewhere else] it does not prevent [the fulfillment of the mitzvah] so long as he places it on the doorpost itself. [Place it] at the start of the upper third of the height of the entryway; and if he attached it higher than this it is valid, so long as it is at least a tefach way from the lintel, and one should attach it on the right side [of the doorway from the point of view] of entering. Rema: and there is no difference whether the person is left-handed or not. And if he placed it on the left side [of the doorway from the point of view of one entering] then it is invalid. | |
Someone whose house is divided in two and each part is a doorway open to <i>reshut harabim</i>, in the separating divider there is a doorway to both halves: In the place where he makes the hole in the threshhold, [wherein] the door's axle (hinge?) turns, and he erects the doors there, that is the house, and where he enters when it's on his right, he affixes it. Template:Clarify | |
How is it affixed? Nail it with nails into the door post, or dig out a hole and stick it in there. And don't dig deeper than a <i>tefach</i>, else it's invalid. | |
[If] he affixed on the doorposts of the doorway whilst [doorpost was] detached, and then attached [the doorpost] to the doorway, it's invalid. | |
The mezuzah should be erect lengthwise on the length of the doorpost of the doorway, and one should intend that the [word] shema that is at the end of the scroll should be [facing] the outside. Rema: And that is how they practice, but there are those who say that [the mezuzah] is invalid erect, rather its length needs to be inclined towards the width of the doorpost of the doorway [that is to say, horizontally]. And those who are scrupulous fulfill both [opinions] and place the mezuzah at an incline, at a diagonal. And this is how it is proper to practice, and this is how we practice in these places, and one should intend that the top of the mezuzah, where the [word] shema is, should be towards the inside and the last line should be facing outside. | |
Siman 290 | |
<b>To not write [a mezuzah] on the parchment from a sefer torah.</b><br>A sefer torah or tefilin that got wore out, must not be made into a mezuzah. And not to write it on the parchment [prepared for the intent] of a sefer torah, since we do not descend from higher sanctity to a lower sanctity. | |
Siman 291 | |
<b>Mezuzah -- when to check it and who requires one?</b><br>An individual’s mezuzah is [required to be] checked twice [every] seven years. But a public/community mezuzah is [only required to be] checked twice [every] fifty years. | |
[If] one rents a house from one’s friend, the renter/lessee must affix a mezuzah [to the house] and repair the place where it is affixed. (And even if the person rented the house under the [mistaken] assumption that it [already] had a mezuzah, it is not an invalid lease.)<br>And when the renter/lessee leaves [when the lease expires], she/he does not take [the mezuzah] in her/his hand [i.e., the lessee leaves behind the mezuzah]. (And if the lessee is stingy with regard to her/his finances, the second person [i.e., the lessor] is required to reimburse him/her [for the value of the mezuzah].)<br>And if one rented the house from an idolater, or rented the house to an idolater, one takes [the mezuzah] and leaves [with it when the lease expires].<br>Rama: And an idolater who asks that one give her/him a mezuzah [because he/she] wants to affix it to his/her doorway, it is forbidden to give a mezuzah to the idolater. But it seems to me that in a case where there is reason to be concerned that in that particular place there will be hostility [towards Jews if one does not give the mezuzah to the idol worshiper], and that the idol worshiper will treat Jews poorly because of this, it is permissible [to give a mezuzah to an idol worshipper]. | |
All are obligated in [the performance of the mitzvah of] mezuzah, even women and slaves. And we teach children to perform [the mitzvah of] mezuzah for their doorways. | |
Siman 292 | |
Siman 293 | |
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Siman 295 | |
Siman 296 | |
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Siman 300 | |
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Siman 312 | |
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Siman 336 | |
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Siman 338 | |
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Siman 340 | |
Siman 341 | |
Siman 342 | |
Siman 343 | |
Siman 344 | |
Siman 345 | |
Someone who commits suicide, we do not deal with him [i.e. his mourning] for any purpose. We do not mourn for him, or eulogize for him, or tear our clothing for him, or remove shoes for him. We only stand for him on a line and say the blessing of mourners for him, and any other thing that is respectful for the living. | |
Who is a considered a suicide? Someone such as a person who said: “I [lit. “he”] is going up to the roof,”, and they saw him go up while angry or he was in distress, and he fell and died, he is considered a suicide. But if he was strangled and hanging in a tree, or dead and found on his sword, he is considered like any other dead person and we may deal with him and do not take anything away from him. HAGAH – One who stole and was killed for this by law of the land, we may mourn for him if there is no danger from fear of the government, and this person is not called a suicide. | |
A minor, who knowingly commits suicide - is counted as if it was done unknowingly. Such is also the case with an adult who knowingly commits suicide but does so under distress, like King Saul - we do not withhold anything from him. | |
Siman 346 | |
Siman 347 | |
Siman 348 | |
Siman 349 | |
Siman 350 | |
Siman 351 | |
Siman 352 | |
Siman 353 | |
Siman 354 | |
Siman 355 | |
Siman 356 | |
Siman 357 | |
It is forbidden to leave a dead body overnight unless one leaves the body out overnight for the honor of the deceased, [e.g.] to bring him his coffin and burial garments or women to wail for him, or so that his relatives can get there or to send out notification to the cities. | |
Siman 358 | |
Siman 359 | |
Siman 360 | |
Siman 361 | |
Siman 362 | |
Siman 363 | |
Siman 364 | |
Siman 365 | |
Siman 366 | |
Siman 367 | |
Siman 368 | |
Siman 369 | |
Siman 370 | |
Siman 371 | |
Siman 372 | |
Siman 373 | |
Siman 374 | |
Siman 375 | |
From when does the period of mourning begin? From when he is buried and the filling of the grave with dust is finished, immediately the period of mourning begins and he wraps his head, but he does not take off his shoes until he arrives at his home. And now the practice is to take off shoes immediately after the closing of the burial slab as is [discussed] in Siman 376. Gloss: If he thought that the grave was closed and began to mourn and afterwards he it became known to him that there was a mistake, he returns and begins mourning anew. | |
For whomever it is their custom to send the deceased to another city in order to bury him and they don’t know when he will be buried, from the time when they turn their faces away from accompanying, they begin to count shiva and shloshim and they begin to mourn. And those who go with him (i.e. the deceased) count from when he is buried. And if the senior member of the family goes with him, even those who are here (i.e. who stay in the city) do not count until he is buried. And the senior member of the family is the one on whom the household relies, and they are all drawn after him, whether he is a brother, whether he is a son not yet at the age of majority. And there is one who says that he must be at least 13 years old. | |
One who drowned in [a body of] water that had an end [i.e. with reasonably close shores], or about whom a rumor went out that thieves killed him or a wild animal dragged him, from when do we count (i.e. shiva and shloshim)? From when they despair of searching (lit. requesting). If they found him dismembered (lit. limbs by limbs) and they identify him by signs on his body they do not count until they find his head and the majority of his body or they despair of searching. And if they find him after they had despaired of finding him, the relatives do not need to go back and mourn; but the sons, if they were present at the moment he was found, they mourn on the same day, since it is not any less significant than the gathering his father’s bones. But if they are not there but they heard after the day had passed, they do not need to mourn. Gloss: If they sent their deceased to another city in which case the law is to start mourning when they turn around, and they began to count the period of mourning, and afterwards, the deceased was captured and it was not possible to be bury him for a long time, they do not need to stop their mourning and they do not need to go back and mourn afterwards, for since their rule is to begin immediately, they do not need to stop. | |
Siman 376 | |
Siman 377 | |
Siman 378 | |
Siman 379 | |
Siman 380 | |
These are the things which are forbidden to the mourner – melacha (work), washing, annointing with oils (perfume), wearing shoes, sexual relations (lit. use of the bed). And it is forbidden to read from the Torah and forbidden to say hello or do laundry, and one is obligated to wrap one’s head and to overturn the bed all seven days (i.e. of shiva). And it is forbidden to lay tefillin on the first day and it is forbidden to iron or to get a haircut, or to be happy and to stitch together the tear all thirty days (and all of the elements of mourning are in effect whether it is day or night) | |
Work – how? Throughout the first three days, work is forbidden even if he is a poor person who is sustained by tzedakkah. From this point on, if he is poor and he does not have what to eat, he [works] privately inside his house. And a woman spins on a spindle inside the house. But the hachamim [sages] said that a curse should come upon his neighbors who made it necessary for him to do this. (In the same manner[i.e. for those things] in which it is permitted to write on hol hamoed, it is thus permitted to write during the days of mourning, not in other matters) | |
Just as he [the mourner] is forbidden to work, so too he is forbidden to trade (lit. give and take) merchandise and to travel between cities for business purposes (lit. to go from one city to another for merchandise). | |
Even something that would cause a [financial] loss (as opposed to work done for monetary gain) is forbidden to the mourner to do – whether it is he, his servants, his maidservants, his sons, or his daughters since he is entitled to the product of their labor (lit. hands). | |
It is forbidden to do work through others (even a non-Jew) unless it is something which has the potential to depreciate since something which depreciates is permitted to be done by others. Even something which is forbidden on hol hamoed because of laboring is permitted and even if this is professional-quality artisanship. Hagah – And there are those who say that if he is not able to do it through others and it is something which depreciates, then it is permitted for the mourner to do it by himself. And after the first three days one can be lenient and even during the first three days if there is a potentially great [financial] loss. | |
Sweeping the house, rinsing glasses and making the bed – they do not fall into the category of work for a mourner. And so too, it is permissible for a woman to bake and cook during the days of her mourning (what she needs, but what she does not need, is forbidden). And so too a woman serves in the house of another head of household, and her mourning is taking place, she is permitted to bake and cook and to provide for all the other needs of the household whether she serves free of charge or for a wage. | |
Siman 381 | |
Siman 382 | |
Siman 383 | |
Siman 384 | |
Siman 385 | |
A mourner is forbidden to engage in greetings. How does this work? For the first three days he does not greet anyone and if others do not know that he is mourning and greet him, he should not respond to them. Rather, he should inform them that he is mourning. From the third to the seven day, he should not greet people, but if others do not know that he is mourning and greet him, he should respond. From the seventh day to the 30th day, he can greet others, for they are dwelling peacefully, but others should not greet him. And all the more so, he can respond to one who greets him. After 30 days he is like any other person. To what does this [the previous laws] refer? For his other relatives, but for his father and mother, he can greet others after seven days but others should not greet him until after 12 months. Rema: And since he is forbidden from greeting, all the more so [is he forbidden from] being overly talkative. But if he is acting for the honor of the public, for example, many people are coming to greet comfort him, he is permitted to say to them, “go home in peace,” because this is permitted for the honor of the public. And there are those who are lenient in this age [regarding] greeting a mourner after 30 days, and they don’t have a [good]reason, unless they will make a distinction and say that that which we do is not called [i.e. considered like] the “greeting” that was in their day | |
One who finds his fellow a mourner in the first 30 days, he should comfort him but should not greet him. After 30 days he can greet him, but should not comfort him in the usual manner, rather in an subtle way, namely, that he should not mention to him the name of the deceased, rather he should say to him, “be comforted.” If his wife died and he married someone else, one should not enter [the mourner’s] house to comfort him. If he found him in the marketplace he should say to him, “be comforted,” in a soft voice and with seriousness. But if he has not remarried he should comfort him until 3 festivals have passed. And for one’s father or mother one should comfort him all 12 months and after 12 months one should comfort him in an subtle way. | |
Siman 386 | |
Siman 387 | |
Siman 388 | |
Siman 389 | |
Siman 390 | |
Siman 391 | |
A mourner is prohibited in joy; therefore he should not take a baby in his bosom all of Shiva, because perhaps he will come to levity. | |
For all dead one enters the drinking house after 30 days; for his father or for his mother, after the 12th month. And even if the year is intercalated [such that it has 13 months] one is permitted to after 12 months… Rama: And a gathering for a mitzvah, such as one who marries a male or female orphan for the sake of Heaven, and if he does not eat there the thing will not happen, he is allowed to after 30 days, but during the 30 days he cannot go to any Mitzvah meals in the world. But a Mitzvah meal where there is not joy he is allowed to attend, such as a Pidyon HaBen or a Brit Milah meal, and he is allowed to eat there even if it is during the Shiva, provided that he does not leave his home. And there are those who forbid eating at the meal of a Brit Milah and the custom is to not eat in any banquet during the 12 months if it is outside of his home, and inside the home we are lenient and he can eat during the Brit Milah meal and all the more so during meals that do not have joy. But in the wedding meal one should be stringent for it—so it seems to me. A mourner who is the father of a son to be circumcised or is a Mohel may wear clothes for Shabbat until after the Bris and he is allowed to attend the Bris to eat there if it is after the 30 days even though the Bris is not in his home. | |
To attend a Chupah not during the time of eating, to hear the blessings, there are those who permit and there are those who forbid; rather he should stand outside the house to hear the blessings. Rama: But do not enter the house at all when they are engaged in entertaining the Bride and Groom, and such is the Ashkenazic custom and in these countries. And all of this applies to a where the wedding occurs, but the Chuppah that they do in the synagogue, where they recite the blessings over the bethrothal and the marriage, and this is not considered festive, he is allowed to attend immedately after the Shiva is over, and there are those who forbid until after 30 days, and so it appears to me. And there are places that are strict for the mourner to stay during the 12 months outside the synagogue to hear the blessings, and in any case it appears that the Mourner can bless the betrothal and wedding blessings beneath the Chuppah that is in the synagogue and he can bring in the groom, as is the custom of our land, that two people bring in the groom under the Chuppah. And he can wear some Shabbat clothes at the time that he brings him in, and only if this is after the 30 days and this is the custom. There are those who permit the mourner to eat at a wedding meal or at a Bris with the servants, but only if it is not at the place of joy, for example, at another house. And there are those who forbid this, and such is the custom. Rather, the mourner should do some service there, if he wants, and eat in his house from what was sent from the meal. There are those who permit him to eat at that meal of fish that is made after the wedding, for since they have already ended saying “that the joy that we have is in God’s midst,” there is a reminder that there is not festivity in that meal, so it is permitted. There are those who say it is forbidden for one to eat in a meal at night in the day after the death of a mother or father. |