Mishna, Sanhhedrin 3:8 presented on Shabath Nachmi by Max Rozmaryn at the Library Minyan, based on the interpretation of Rashi and Rambam.
There is no statute of limitations on the submission of evidence. Even long after the
verdict has been issued.
If a litigant finds new evidence to support his claim, he may submit it to the court, and on the strength of the evidence, compel the court to retract its verdict against him. This applies to the plaintiff as well as the defendant {Rashi and Meiri}.
The Mishnah cites three exceptions to the preceding rule, in situations where the judges found it necessary to impose a time limit, and after issuing a verdict against a litigant, with the provision, that if the litigant will bring all evidence to support his claim within 30 days, they will nullify the verdict.
The opinion of Rabban Shimon Ben Galiel’s,is that there should be no time limitation for producing evidence.
The Mishnah continues with another situation, namely, during the trial the judge asks the litigant to bring witnesses or any evidence to support his claim, and the litigant states he has none. Then some time later if he produces evidence or finds witnesses, the court does not accept evidence that a litigant produced after he stated he has none.
Rabban Shimon Ben Gamlil is with the opinion again, that there is no limitation of bringing evidence, and it is acceptable.
The third exception, which is universally agreed upon: If a litigant who had informed the court that he has no witnesses or evidence to produce, saw he is about to lose the case, then the litigant pulls out a document from under his belt, claiming he did find the evidence, or he mentioned names as witnesses to testify for him, it is not acceptable, it is worth nothing.
Saturday, August 1, 2009
Monday, June 1, 2009
Yom Hashoah by Max Rozmaryn
It was the will of Hashem to save a few survivors charged with reminding the many of the next generation: “Zachor al Tishkach • Remember — Do not forget!” We are approaching Yom Hashoah, the greatest Jewish tragedy of all time. It is a privilege to stand before you to remind you:
In April 1942 the diabolic Adolf Hitler announced “Die Juden werden nicht ein Purim nach mir feiern • The Jews will not celebrate Purim after me.”
Up to 1945, about two million Jewish children in Europe were killed in gas chambers and cremated. The rest of us, mostly grown-ups, were enslaved in labor camps, died from starvation, or were shot.
When the British Army approached the area early in April 1945, the Gestapo emptied the camp where I was a prisoner. They stuffed us into cattle cars, about 80 Jews to car. Our destination was New Gammer, the beach area of Hamburg, where they planned to put us on a ferry that they would blow up after it got out to sea. Our destination was to be the bottom of the North Sea.
The British Airforce bombed and incapacitated the locomotive pulling our train, so we tried to escape. Of course the Nazis opened fire on us. Fewer than 10 out of the 260 Jews crammed into the cattle cars managed to survive. You can find more details about this incident in Chapter 11 of my recently-published “The Miracle of Survival.”
One of the positive commandments in the Torah is: “Zachor Asher Assa Lechu Amalake • Remember what Amalek did to you — al Tishkach, Do not Forget!”
The Torah is telling us that after the Israelites crossed the Red Sea and began their long trek toward Canaan, their promised homeland, G-d preceded them in a pillar of cloud during the day, and in a pillar of fire at night. That allowed them to travel day and night. Despite this divine presence, they immediately ran into trouble. Desert gangs called the Amalekites attacked them.
This segment of the text ends: “Milchama Hashem Baamalake Midor • Hashem warred against Amalek through an entire generation.” It seems that the Amalekite’s hatred for the Israelites stems not only from their legacy as Esau’s grandchildren, but from what that legacy represents: in those days the Amalekites represented the chief force of evil. Their aggression against the weak and defenseless Israelites showed them to be ruthless. They not only lacked the most elementary morality and decency but had genocidal intentions as well.
This marks the first attempt at genocide since the birth of the Nation. It did not succeed. Centuries later, Haman attempted to destroy the Jews, but he did not succeed, either. Then, most recently, the Nazis managed to wipe out one third of us!!
I do have a problem with the Hagada Seder Text: “Bechol Dor Vadoor Umdim Ulein Lachaloysent” [In every generation they tried to destroy us.] “Hakadish Boruch HU Matzilehnu Miyodom” [Hashem was always saving us].
I will accept the first part of the statement, but the second part stating that Hashem will always save us is questionable.
In the prayers of Shmah, we are told that if we observe the commandments we will prosper, otherwise we will suffer consequences. What did my generation do to deserve being murdered? What did those millions of innocent children do to deserve being gassed?
In this week’s parsha (Leviticus 10:1-3 ) we read about a similar unanswered question. The first time they held a service before the Lord, Aaron’s sons, Nadiv and Aviha, offered unholy fire. Fire then came out from the presence of the Lord and consumed them; they died before the Lord. On what ought to have been one of the happiest days in Israel’s history—the Inauguration of the tabernacle service—two of Aaron’s sons slipped up somehow in priestly procedure and as a result immediately died.
But wasn’t G-d being excessively severe to kill two novices simply because they’d made a procedural mistake? In my interpretation, the Hebrew Eish Zara suggests not an explanation but a question—it doesn’t mean that the fire came from outside the temple but that it is outside or beyond our grasp. It is inexplicable and incomprehensible.
In last week’s Torah reading Moses asked Hashem, “Hareinu eth Kevodechu.” [Show me your modus vivendi.] The interpretation of the question was, in life we see that bad people prosper and the just suffer. Where is the heavenly justice? I would try to answer and reconcile the reality of life and the difficulties of the historic events introduced above.
We Jews have been charged to perform 613 Mitzvot, commandments. We must in fact physically perform 248 of these; the other 385 enjoin us to abstain from acting.
Two commandments do not belong either to the first category or to the second. The first commandment is to believe in the uniqueness of almighty G-d, a G-d of creation, of compassion and love, who acts beyond our understanding and reason. The second category consists of acts performed by people with evil inclinations who exercise their free will. They enjoy seeing others suffer.
The evil acts of the Amalekite gangs in attacking harmless Israelite civilians in the wilderness were the genesis of that sort of evil, which repeated itself in every succeeding generation. Thus the Torah commanded Jews: Remember do not forget; be prepared.
I would like to introduce my former fellow prisoner, Leo Egan, to express his feelings on the Holocaust. For the adults murdered, I will read his “How Many.” For the gassed children I will recite his “Hershele” and “A Child Talks to G-d.”
HOW MANY?
How many teachers will no more teach?
How many Rabbis will no longer preach?
How many doctors will no more heal?
How many hearts will no more feel?
How many children will no more grow?
How many farmers will no more sow?
How many mothers won’t the Sabbath candles light?
How many won’t hold their children tight?
How many voices will no longer sing?
How many children will never know spring?
................... [lines omitted]
HERSHELE
Herschele, though nine years not completed,
Wants to be like a growing-up treated.
That time in the ghetto was hardly safe,
But he must try to be strong and brave.
When the Germans have him in their sights,
Hershele will try with all his might.
Though his life is filled with pain,
He must do what he can to avoid the train.
Both his parents he knows are dead,
And yet he has his life ahead.
Finally the day of judgment did arrive,
Would he perish or stay alive?
In the yard with the others he did assemble,
And tried his best not to tremble.
The German, his bloody hands with gloves did cover,
But Hershele’s trials were hardly over.
“How old are you?” the German asks.
Hershele the child puts on a mask.
“Of twelve years I’m just three weeks short.”
The German answers with a snort.
“Where are your parents?” he asks the lad.
“Both of them sir, are sadly dead.”
“You are telling a lie,” the German insists.
And makes his point with both his fists.
The German then did hesitate,
In the midst of deciding Hershele’s fate.
Behind him the power of the German might,
But should he be sent left, or sent to the right?
Neither impulse seemed to be stronger,
Kill him now or let him live longer.
In the end he sent him through the door of life
But this was not the end of Hershele’s strife.
The boy lived on ‘til the ghetto was liquidated.
And then Hershele, like the others, was cremated.
A CHILD TALKS TO G-D
Oh God, why am I here so soon?
I couldn’t even hold a spoon.
You Lord, forced me to talk
Before I could even walk.
Was I really so full of sin?
I barely could smile, I was mostly grim.
Didn’t something go very wrong?
At so early an age, surely here I don’t belong.
It looks like, Lord, no answer will you give,
And I cannot return and live.
In April 1942 the diabolic Adolf Hitler announced “Die Juden werden nicht ein Purim nach mir feiern • The Jews will not celebrate Purim after me.”
Up to 1945, about two million Jewish children in Europe were killed in gas chambers and cremated. The rest of us, mostly grown-ups, were enslaved in labor camps, died from starvation, or were shot.
When the British Army approached the area early in April 1945, the Gestapo emptied the camp where I was a prisoner. They stuffed us into cattle cars, about 80 Jews to car. Our destination was New Gammer, the beach area of Hamburg, where they planned to put us on a ferry that they would blow up after it got out to sea. Our destination was to be the bottom of the North Sea.
The British Airforce bombed and incapacitated the locomotive pulling our train, so we tried to escape. Of course the Nazis opened fire on us. Fewer than 10 out of the 260 Jews crammed into the cattle cars managed to survive. You can find more details about this incident in Chapter 11 of my recently-published “The Miracle of Survival.”
One of the positive commandments in the Torah is: “Zachor Asher Assa Lechu Amalake • Remember what Amalek did to you — al Tishkach, Do not Forget!”
The Torah is telling us that after the Israelites crossed the Red Sea and began their long trek toward Canaan, their promised homeland, G-d preceded them in a pillar of cloud during the day, and in a pillar of fire at night. That allowed them to travel day and night. Despite this divine presence, they immediately ran into trouble. Desert gangs called the Amalekites attacked them.
This segment of the text ends: “Milchama Hashem Baamalake Midor • Hashem warred against Amalek through an entire generation.” It seems that the Amalekite’s hatred for the Israelites stems not only from their legacy as Esau’s grandchildren, but from what that legacy represents: in those days the Amalekites represented the chief force of evil. Their aggression against the weak and defenseless Israelites showed them to be ruthless. They not only lacked the most elementary morality and decency but had genocidal intentions as well.
This marks the first attempt at genocide since the birth of the Nation. It did not succeed. Centuries later, Haman attempted to destroy the Jews, but he did not succeed, either. Then, most recently, the Nazis managed to wipe out one third of us!!
I do have a problem with the Hagada Seder Text: “Bechol Dor Vadoor Umdim Ulein Lachaloysent” [In every generation they tried to destroy us.] “Hakadish Boruch HU Matzilehnu Miyodom” [Hashem was always saving us].
I will accept the first part of the statement, but the second part stating that Hashem will always save us is questionable.
In the prayers of Shmah, we are told that if we observe the commandments we will prosper, otherwise we will suffer consequences. What did my generation do to deserve being murdered? What did those millions of innocent children do to deserve being gassed?
In this week’s parsha (Leviticus 10:1-3 ) we read about a similar unanswered question. The first time they held a service before the Lord, Aaron’s sons, Nadiv and Aviha, offered unholy fire. Fire then came out from the presence of the Lord and consumed them; they died before the Lord. On what ought to have been one of the happiest days in Israel’s history—the Inauguration of the tabernacle service—two of Aaron’s sons slipped up somehow in priestly procedure and as a result immediately died.
But wasn’t G-d being excessively severe to kill two novices simply because they’d made a procedural mistake? In my interpretation, the Hebrew Eish Zara suggests not an explanation but a question—it doesn’t mean that the fire came from outside the temple but that it is outside or beyond our grasp. It is inexplicable and incomprehensible.
In last week’s Torah reading Moses asked Hashem, “Hareinu eth Kevodechu.” [Show me your modus vivendi.] The interpretation of the question was, in life we see that bad people prosper and the just suffer. Where is the heavenly justice? I would try to answer and reconcile the reality of life and the difficulties of the historic events introduced above.
We Jews have been charged to perform 613 Mitzvot, commandments. We must in fact physically perform 248 of these; the other 385 enjoin us to abstain from acting.
Two commandments do not belong either to the first category or to the second. The first commandment is to believe in the uniqueness of almighty G-d, a G-d of creation, of compassion and love, who acts beyond our understanding and reason. The second category consists of acts performed by people with evil inclinations who exercise their free will. They enjoy seeing others suffer.
The evil acts of the Amalekite gangs in attacking harmless Israelite civilians in the wilderness were the genesis of that sort of evil, which repeated itself in every succeeding generation. Thus the Torah commanded Jews: Remember do not forget; be prepared.
I would like to introduce my former fellow prisoner, Leo Egan, to express his feelings on the Holocaust. For the adults murdered, I will read his “How Many.” For the gassed children I will recite his “Hershele” and “A Child Talks to G-d.”
HOW MANY?
How many teachers will no more teach?
How many Rabbis will no longer preach?
How many doctors will no more heal?
How many hearts will no more feel?
How many children will no more grow?
How many farmers will no more sow?
How many mothers won’t the Sabbath candles light?
How many won’t hold their children tight?
How many voices will no longer sing?
How many children will never know spring?
................... [lines omitted]
HERSHELE
Herschele, though nine years not completed,
Wants to be like a growing-up treated.
That time in the ghetto was hardly safe,
But he must try to be strong and brave.
When the Germans have him in their sights,
Hershele will try with all his might.
Though his life is filled with pain,
He must do what he can to avoid the train.
Both his parents he knows are dead,
And yet he has his life ahead.
Finally the day of judgment did arrive,
Would he perish or stay alive?
In the yard with the others he did assemble,
And tried his best not to tremble.
The German, his bloody hands with gloves did cover,
But Hershele’s trials were hardly over.
“How old are you?” the German asks.
Hershele the child puts on a mask.
“Of twelve years I’m just three weeks short.”
The German answers with a snort.
“Where are your parents?” he asks the lad.
“Both of them sir, are sadly dead.”
“You are telling a lie,” the German insists.
And makes his point with both his fists.
The German then did hesitate,
In the midst of deciding Hershele’s fate.
Behind him the power of the German might,
But should he be sent left, or sent to the right?
Neither impulse seemed to be stronger,
Kill him now or let him live longer.
In the end he sent him through the door of life
But this was not the end of Hershele’s strife.
The boy lived on ‘til the ghetto was liquidated.
And then Hershele, like the others, was cremated.
A CHILD TALKS TO G-D
Oh God, why am I here so soon?
I couldn’t even hold a spoon.
You Lord, forced me to talk
Before I could even walk.
Was I really so full of sin?
I barely could smile, I was mostly grim.
Didn’t something go very wrong?
At so early an age, surely here I don’t belong.
It looks like, Lord, no answer will you give,
And I cannot return and live.
Sunday, May 3, 2009
Bava Batra, Chapter 2, Mishnah 4 deals with consideration for your neighbor regarding concern for his structural property and personal privacy.
The first part of the mishnah states that one must not place a new wall closer than four amot (about six feet) from your neighbor's wall. This distance permits foot traffic between the walls which would allow the ground to be compressed as people pass by, thus strengthening the wall's foundation. Naturally there is considerable discussion in the Talmud and later sages that consider various aspects and variations on what this could mean, but the common thread is that one is not allowed to degrade the condition or value of your neighbor's wall at the expense of what you do on your property.
Similarly, the second part of the mishnah says that if you construct a wall it must be at least four amot offset (above, below or to either side) of a window that you neighbor has. This is to ensure that you can't easily look into your neighbor's window from the top or edge of your wall, thus securing his privacy.
-Henry Morgen
The first part of the mishnah states that one must not place a new wall closer than four amot (about six feet) from your neighbor's wall. This distance permits foot traffic between the walls which would allow the ground to be compressed as people pass by, thus strengthening the wall's foundation. Naturally there is considerable discussion in the Talmud and later sages that consider various aspects and variations on what this could mean, but the common thread is that one is not allowed to degrade the condition or value of your neighbor's wall at the expense of what you do on your property.
Similarly, the second part of the mishnah says that if you construct a wall it must be at least four amot offset (above, below or to either side) of a window that you neighbor has. This is to ensure that you can't easily look into your neighbor's window from the top or edge of your wall, thus securing his privacy.
-Henry Morgen
Friday, April 24, 2009
Chapter 2 of Sanhedrin, Kohen Gadol, deals with rules about the High Priest and the King. Mishnah 1 deals with the High Priest, Mishnehs 2-5 with the king. Many of the rules are similar or analogous.
The high priest (Kohen Gadol) can serve as a judge, can be sued and judged; he can tesitfy in a court, and others can testify about him.
If his brother dies childless, he cannot marry the widow, but must perform Chalitzah. This is because he cannot marry a woman who is not a virgin within the meaning of halacha. If he dies childless, his brother can, of course, perform Chalitza or marry the widow, just like with any other brother of a married decedent who had no children. (Nowadays, chalitza is virtually always performed.)
Usually, priests (Kohanim) do not attend funerals except for close relatives. The high priest does not attend funerals of his close relatives. Rabbi Meir suggests that he could follow a funeral procession far behind, not within site of the procession, up to the city gates, but Rabbi Judah opines that he cannot leave the Temple for this purpose, and the law follows R. Judah.
When he makes a condolence call, his alternate (sort of a "vice high priest" who is always ready to take the high priest's place in the case of necessity) places himself between him and the people.
When the high priest is bereaved (death of his parent, spouse, sibling, or child), people making a condolence call to him say, "May we be your atonement (Anu Kaporos-chah)," and he replies, "May you be blessed from Heaven (Hisborchu min-Hashomayim)." And while he is sitting shiva, and sitting on a low stool, the others present sit on the ground.
-Norm Green
The high priest (Kohen Gadol) can serve as a judge, can be sued and judged; he can tesitfy in a court, and others can testify about him.
If his brother dies childless, he cannot marry the widow, but must perform Chalitzah. This is because he cannot marry a woman who is not a virgin within the meaning of halacha. If he dies childless, his brother can, of course, perform Chalitza or marry the widow, just like with any other brother of a married decedent who had no children. (Nowadays, chalitza is virtually always performed.)
Usually, priests (Kohanim) do not attend funerals except for close relatives. The high priest does not attend funerals of his close relatives. Rabbi Meir suggests that he could follow a funeral procession far behind, not within site of the procession, up to the city gates, but Rabbi Judah opines that he cannot leave the Temple for this purpose, and the law follows R. Judah.
When he makes a condolence call, his alternate (sort of a "vice high priest" who is always ready to take the high priest's place in the case of necessity) places himself between him and the people.
When the high priest is bereaved (death of his parent, spouse, sibling, or child), people making a condolence call to him say, "May we be your atonement (Anu Kaporos-chah)," and he replies, "May you be blessed from Heaven (Hisborchu min-Hashomayim)." And while he is sitting shiva, and sitting on a low stool, the others present sit on the ground.
-Norm Green
Tuesday, January 27, 2009
What is the Mishnah? by Max Rozmaryn
WHAT IS THE MISHNAH?
By Max Rozmaryn
Rabbi Jehuda Hanassi, who lived in the northern part of the Land of Israel, composed the Mishnah at the end of second century and the beginning of the third century CE.
The Mishnah, being the first codification of the Oral Torah, expands upon many requirements that are mentioned, but not fully explained in the Torah.
For instance, the Mishnah lists 39categories of work that are forbidden on Shabbat, barely mentioned in the Torah. The Mishnah explains how one gets married and divorced -- subjects the Torah discussed only briefly.
Nevertheless, the Mishnah certainly has a strong relationship to the Torah. It is the first book containing Jewish laws. The Mishnah contains oral traditions and oral laws.
To explain the links between the Mishnah and the Talmud, we have to realize, that the Mishnah was composed somewhere around 220 CE. As soon as it was finished, the Sages began compiling commentary on the Mishnah. There are actually two Talmuds, one composed in the Land of Israel and called Talmud Yerushalmi, and the other composed in Babylonia, Iraq today, called Talmud Bavli.
The Talmud Yerushalmi was completed about 375 CE and the Talmud Bavli was completed about 200 years later.
The Talmud Bavli has throughout history been more studied than the Yerushalmi Talmud that formed the basis for all future codes of Jewish law throughout the Jewish wandering in Europe and the Middle East.
By Max Rozmaryn
Rabbi Jehuda Hanassi, who lived in the northern part of the Land of Israel, composed the Mishnah at the end of second century and the beginning of the third century CE.
The Mishnah, being the first codification of the Oral Torah, expands upon many requirements that are mentioned, but not fully explained in the Torah.
For instance, the Mishnah lists 39categories of work that are forbidden on Shabbat, barely mentioned in the Torah. The Mishnah explains how one gets married and divorced -- subjects the Torah discussed only briefly.
Nevertheless, the Mishnah certainly has a strong relationship to the Torah. It is the first book containing Jewish laws. The Mishnah contains oral traditions and oral laws.
To explain the links between the Mishnah and the Talmud, we have to realize, that the Mishnah was composed somewhere around 220 CE. As soon as it was finished, the Sages began compiling commentary on the Mishnah. There are actually two Talmuds, one composed in the Land of Israel and called Talmud Yerushalmi, and the other composed in Babylonia, Iraq today, called Talmud Bavli.
The Talmud Yerushalmi was completed about 375 CE and the Talmud Bavli was completed about 200 years later.
The Talmud Bavli has throughout history been more studied than the Yerushalmi Talmud that formed the basis for all future codes of Jewish law throughout the Jewish wandering in Europe and the Middle East.
Monday, January 26, 2009
PROFILE of MISHNEH--TORAH by Max Rozmaryn
1/25/09 PROFILE OF MISHNEH - TORAH
The Mishneh Torah (“Repetition of the Torah”) originally used for Biblical book of Deuteronomy, is a code of Jewish religious law (Halacha) by the important Jewish authority Maimonides (Rabbi Moshe ben Maimon), also known by the abbreviation
RAM BAM.
The Mishneh Torah was compiled between 1170 and 1180,while he was living in Egypt.
. The work consists of 14 books subdivided into sections, chapters and paragraphs. It is the only medieval work that details all of Jewish observance, including those laws, which are only applicable when the Holy Temple is in place.
I would like to list the tittles of the 14 books, before mentioned:
1. Hamadda’ (Knowledge) 2. Ahava (Love) 3. Zmanim (Times)
4. Nashim (Woman) 5. Kedusha (Holiness) 6. Hafla’ah (oaths)
7. Zeraim (Agricultural laws) 8. Avoda (Divine Service) 9. (Offerings)
10. Toharoth (Cleanness) 11 Nezikin (Injuries)
12. Kinyanim (Acquisition) 13. Mispatim (Civil Law)
14 Shoftim (Judges), Sections: the laws relating legislators, the king, and the judges.
It also addresses the Noahide Laws and those pertaining the messianic times.
The Mishneh Torah (“Repetition of the Torah”) originally used for Biblical book of Deuteronomy, is a code of Jewish religious law (Halacha) by the important Jewish authority Maimonides (Rabbi Moshe ben Maimon), also known by the abbreviation
RAM BAM.
The Mishneh Torah was compiled between 1170 and 1180,while he was living in Egypt.
. The work consists of 14 books subdivided into sections, chapters and paragraphs. It is the only medieval work that details all of Jewish observance, including those laws, which are only applicable when the Holy Temple is in place.
I would like to list the tittles of the 14 books, before mentioned:
1. Hamadda’ (Knowledge) 2. Ahava (Love) 3. Zmanim (Times)
4. Nashim (Woman) 5. Kedusha (Holiness) 6. Hafla’ah (oaths)
7. Zeraim (Agricultural laws) 8. Avoda (Divine Service) 9. (Offerings)
10. Toharoth (Cleanness) 11 Nezikin (Injuries)
12. Kinyanim (Acquisition) 13. Mispatim (Civil Law)
14 Shoftim (Judges), Sections: the laws relating legislators, the king, and the judges.
It also addresses the Noahide Laws and those pertaining the messianic times.
Thursday, January 22, 2009
Rambam,Mishneh-Torah,Chapter Kings
THE RIGHTS and DUTIES OF THE KING
Rambam, Mishmash Torah, Chapter Kings
Translated and Comments by Max Rozmaryn
4:1. The king has the right to levy taxes for his own needs and for fighting wars; he may also impose a sales tax on merchandise. The regulations he institutes are accepted as laws.
4:2. The king may draft men to serve him and for the army.
4:3. The king may send agents to recruit all the craftsmen he needs to do his work, but he must pay their wages. He may also round up all the animals needed as long as he pays their hire or value.
4:5. The king may force those who are qualified to serve as officers in the army.
4:6. He may confiscate fields, olive groves, and vineyards for his servants when they go war, but he must pay for what was expropriated.
3:1. It is the king’s obligation to maintain two Torah scrolls. The first scroll, which is the regular size, will be placed in his treasury. The second should be with him at all times, except when he is sleeping or using the bathroom.
3:4. The king may not hoard gold and silver to glorify himself. He should amass enough capital for communal needs, for his servants, and for the army.
3:5. The king is forbidden to drink wine to the point of drunkenness. Rather, he should dedicate himself to study and to the needs of Israel.
3:9. Those who disregard the king’s commands will be punished. If, however, executing the king’s command would violate God’s commands, the king’s command becomes void.
THE LAWS of WAR
The Rambam divided wars into two categories, an "obligatory war" (Milchemeth Mitzva) and an "optional war" (Milchemeth Reshut).
5:2. If the country is under attack, there is no need to ask permission from the Sanhedrin, the Supreme Court of seventy-one judges, to wage an obligatory war. However, the king may not initiate an optional war (for example, to fight terrorists) without the consent of the Sanhedrin.
For military purposes or to make a road, the king may order fences around fields or vineyards to be removed.
5:6. All the lands that Israel conquers in a war led by the king and sanctioned by the Supreme Court are considered to have been conquered by the entire nation.
6:1. Before an attack is launched, whether in an optional or an obligatory war, the enemy must be offered a peace settlement. If the enemy accepts the peace terms and makes a treaty with you, you may not violate your commitment to those terms.
6:7. When a city is under siege, the blockade should not include all four sides. One side should be left open to allow the inhabitants to flee for their lives.
6:8. To preserve nature, you may not cut down fruit trees outside the city, nor prevent an irrigation ditch from bringing water to the fruit trees so that they dry up. This refers to Dvarim 20:19: "Do not destroy a city’s trees." This applies not only during a siege, but in all circumstances.
There are exceptions. A fruit tree may be cut down if it causes harm to other trees. For example, a date tree growing among grape vines may spoil the flavor of the wine or its roots may damage the field. The Torah only prohibits cutting down trees in acts of wanton destruction.
You are allowed to cut down any fruitless tree for the timber or the space it takes up. Also, when a fruit tree has become old and does not justify the effort of caring for it.
6:11. We should not start a siege against an enemy’s cities on Shabbat. We may, however, engage them in battle each day, even on Shabbat: "Pekuch nefesh doche Shabbat • All the laws of Shabbat are suspended."
6:12. The army may set up camp anywhere; the owner of the property cannot protest against the encampment.
6-14. It is a positive commandment to set up latrines for the camp. Moreover, each soldier should carry a trowel with his weapons to use if he is far from a latrine. Dvarim 23:15: Since your God walks among your camp, therefore, your camp should be holy.
7:1. Draft exemptions. When the nation is ready for war, a kohen will be chosen to address the nation. Anointed with a special oil, he is called Meshiach Milchama • War Chaplain. The Meshiach Milchama speaks to the troops on two occasions. At the border when they are about to leave the country he announces that anyone who has planted a vineyard but has not harvested its first crop, or anyone who got engaged but has not consummated his marriage, is free to go home.
7: 3. When the army is deployed for battle, the Meshiach Milchama mounts a platform in front of the troops and addresses them in Hebrew. He says: "Shemah Israel atem krehvim hayom lamilchama, all yery levavchem ki hashem etchem • Listen Israel! You are about to join battle with your enemy. Do not be in fear, in panic, for your God Hashem who marches with you will fight for you to bring you victory." And then he announces: "Any who are afraid or faint-hearted may go home."
The liberal attitude to allow such an individual to return home applies only in an optional war. In an obligatory war, by contrast, the entire nation must go to war—even a bridegroom and a bride.
Rambam, Mishmash Torah, Chapter Kings
Translated and Comments by Max Rozmaryn
4:1. The king has the right to levy taxes for his own needs and for fighting wars; he may also impose a sales tax on merchandise. The regulations he institutes are accepted as laws.
4:2. The king may draft men to serve him and for the army.
4:3. The king may send agents to recruit all the craftsmen he needs to do his work, but he must pay their wages. He may also round up all the animals needed as long as he pays their hire or value.
4:5. The king may force those who are qualified to serve as officers in the army.
4:6. He may confiscate fields, olive groves, and vineyards for his servants when they go war, but he must pay for what was expropriated.
3:1. It is the king’s obligation to maintain two Torah scrolls. The first scroll, which is the regular size, will be placed in his treasury. The second should be with him at all times, except when he is sleeping or using the bathroom.
3:4. The king may not hoard gold and silver to glorify himself. He should amass enough capital for communal needs, for his servants, and for the army.
3:5. The king is forbidden to drink wine to the point of drunkenness. Rather, he should dedicate himself to study and to the needs of Israel.
3:9. Those who disregard the king’s commands will be punished. If, however, executing the king’s command would violate God’s commands, the king’s command becomes void.
THE LAWS of WAR
The Rambam divided wars into two categories, an "obligatory war" (Milchemeth Mitzva) and an "optional war" (Milchemeth Reshut).
5:2. If the country is under attack, there is no need to ask permission from the Sanhedrin, the Supreme Court of seventy-one judges, to wage an obligatory war. However, the king may not initiate an optional war (for example, to fight terrorists) without the consent of the Sanhedrin.
For military purposes or to make a road, the king may order fences around fields or vineyards to be removed.
5:6. All the lands that Israel conquers in a war led by the king and sanctioned by the Supreme Court are considered to have been conquered by the entire nation.
6:1. Before an attack is launched, whether in an optional or an obligatory war, the enemy must be offered a peace settlement. If the enemy accepts the peace terms and makes a treaty with you, you may not violate your commitment to those terms.
6:7. When a city is under siege, the blockade should not include all four sides. One side should be left open to allow the inhabitants to flee for their lives.
6:8. To preserve nature, you may not cut down fruit trees outside the city, nor prevent an irrigation ditch from bringing water to the fruit trees so that they dry up. This refers to Dvarim 20:19: "Do not destroy a city’s trees." This applies not only during a siege, but in all circumstances.
There are exceptions. A fruit tree may be cut down if it causes harm to other trees. For example, a date tree growing among grape vines may spoil the flavor of the wine or its roots may damage the field. The Torah only prohibits cutting down trees in acts of wanton destruction.
You are allowed to cut down any fruitless tree for the timber or the space it takes up. Also, when a fruit tree has become old and does not justify the effort of caring for it.
6:11. We should not start a siege against an enemy’s cities on Shabbat. We may, however, engage them in battle each day, even on Shabbat: "Pekuch nefesh doche Shabbat • All the laws of Shabbat are suspended."
6:12. The army may set up camp anywhere; the owner of the property cannot protest against the encampment.
6-14. It is a positive commandment to set up latrines for the camp. Moreover, each soldier should carry a trowel with his weapons to use if he is far from a latrine. Dvarim 23:15: Since your God walks among your camp, therefore, your camp should be holy.
7:1. Draft exemptions. When the nation is ready for war, a kohen will be chosen to address the nation. Anointed with a special oil, he is called Meshiach Milchama • War Chaplain. The Meshiach Milchama speaks to the troops on two occasions. At the border when they are about to leave the country he announces that anyone who has planted a vineyard but has not harvested its first crop, or anyone who got engaged but has not consummated his marriage, is free to go home.
7: 3. When the army is deployed for battle, the Meshiach Milchama mounts a platform in front of the troops and addresses them in Hebrew. He says: "Shemah Israel atem krehvim hayom lamilchama, all yery levavchem ki hashem etchem • Listen Israel! You are about to join battle with your enemy. Do not be in fear, in panic, for your God Hashem who marches with you will fight for you to bring you victory." And then he announces: "Any who are afraid or faint-hearted may go home."
The liberal attitude to allow such an individual to return home applies only in an optional war. In an obligatory war, by contrast, the entire nation must go to war—even a bridegroom and a bride.
Subscribe to:
Posts (Atom)
